pointed; an amendment was moved, to leave out all the words after the word " that," and to insert in their room the following: "It does not appear to this court, that any circumstance has been stated to the court, by which the committee lately appointed for an inquiry into the disposal of patronage, that can induce or would justify the court in adopting the illegal and novel administration of extra-judicial oaths to a variety of persons, not directly connected with the East-India company or the management of its affairs, and which, though it would tend to throw a suspicion upon the court at large, which no circumstances that have hitherto come to the knowledge of the court can induce them to suppose the members thereof merit, would not, they conceive, be an effectual mode bringing to light any such practices, even if such, in any partial instance, should have existed."

of

On the question for the amend ment being put, the votes for and against were equal; when the lot decided for the amendment.

was

25th June: The chairman, deputy chairman, and eight other directors, dissent from the resolution not to re-appoint the committee of patronage. 24th Sept.: A motion made in the court of proprietors, that the above proceedings be read; they were read accordingly, and notice given by the mover of his intention of bringing the subject forward at a future court.-20th Jan. : 1801, It was moved, "That it is he opinion of this court that the inquiry into the alleged abuse of patronage ought to be continued." It was moved to amend the said motion, by adding thereto the following words: To investigate any charge that may be made of corrupt practices against any one or more of

the court of directors." The above amendment passed in the negative;

When a ballot was demanded on the original question; it was, 3rd Feb. 1801, lost by a majority of 139; 411 voting for the question, against it 550.

The following opinion of counsel was given to the court of directors, previous to the ballot being taken; viz.

"Case for the East-India company:

Whether the court of directors, or any committee of the said court, whether considered as a committee of that court, or as a committee of proprietors, be legally authorized to call for the examination of such persons upon oath, as recommended by the court of directors in their resolution of the 25th Feb. 1800; or whether, in their opinion, any magistrate would be justified in administering the oath so recommended; and generally to advise concerning the legality and effect of such proceedings. We are of opinion, that neither the court of directors, nor any committee of the said court, or committee of proprietors, have any legal authority to require or receive examinations of persons upon oath, as recommended by the resolution of the court of directors of the 25th Feb. 1800; and that no magistrate will be justified in administering such oaths.-"We therefore think the proposed proceedings would be contrary to law."-(Signed) J. Mitford, W. Grant, J. Mansfield, T. Erskine, George Rous.

If this house should in its wisdom adopt any legislative measures for the purpose of preventing all traffic in the disposal of offices under government, it will, in the opinion of your committee, be proper to extend the same protection to patronage held under the East-India com

pany;

1

pany; but they see no reason to recommend any special or separate provisions, as applicable to their case, judging that the East-India company has, within its own power, the most effectual means for accomplishing that end.—It can never be advisable, without absolute necessity, to add new offences to the long catalogue already enumerated in the penal statutes; nor is it wise to diminish the sanctity of oaths by resorting to them upon all occasions. Where solemn declarations have been habitually disregarded, little reliance can be placed upon the sanction of any other species of asseveration. Instances occur but too frequently, where an oath comes to be considered merely as part of the of ficial form by which an appointment is conferred; and the human mind, fertile in self-deception, accommodates itself with wonderful facility to overcoming all scruples, or applies a perverse ingenuity to evading all restrictions which stand in the way of present interest. Little fear of detection is entertained, when transactions are in their nature private and confidential; and the appellation of honour, most improperly applied to negotiations of this clandestine kind, attaches, by a singular perverseness, a stronger degree of obligation to the performance of such engagements, upon the very ground that they are illegal.

With a view to prevent all dealings in patronage, the obvious and natural mode will be, to take away all inducement to traffic in it; and this can only be attained by making the hazard of such speculations greater than the temptation.-The regulations of the company founded upon this true and efficacious principle. But examples have hitherto been wanting to demonstrate the determination of the court

are

of directors to enforce their orders; no instance of purchasing or procuring, by undue means, an ap. pointment in the civil or military service of the East-India company, after such appointment had actually taken place, and since the court's resolution of the 28th Feb. 1799, having been so far established, as to enable the court to dismiss the party appointed.-The immediate consequence of the information contained in this report, must be, that a certain number of persons in the service of the company will be instantly deprived of their employments, recalled from India, and declared incapable of again receiving any appointment under the company. The money improperly given for procuring these situations, will be absolutely lost, without any possibility of recovery; and those who have, either imprudently or corruptly, been concerned in obtaining what they conceived to be benefits for their relatives or friends, will find that they have done the greatest injury to those whom they desired to serve, by inducing them to dedicate some of the best years of their lives to an employment, which the original defects, and corrupt practices through which it was obtained, must disqualify them from prosecuting.-Hard as some of these cases must be, and innocent and ignorant as many of the young men, nominated under these circumstances, probably are, of the undue means by which their appointments were acquired, your committee are of opinion, that nothing but a strict adherence to the rule laid down by the court of directors, can put a stop to the continuance of these abuses, and prevent the chance of their recurring.-In 1779, when, in the course of the investigation already mentioned, indemnity was offered to all those

who

who would make a far and candid cwlware of at the croute aut through which their wheat been procured, though informÆNG was gained with regard to facts, no example could be made, in corequence of such duciosure, of those who were found offending; and it may be doubted whether such proce tices have been less prevalent ice that inquiry, than before. The deficiency of their power to coupel perions to answer, precluded the court of directors from discovering, if they punished, or from punishing if they discovered, the traffic winch was the subject of complaint.

The oath taken by the directors seems as effectual as any thing which can be devised for the purpose of guarding against corruption, so far as the directors themselves are immediately concerned; and your committee have already remarked, that no one case of corruption or abuse, which has been before them, affects any member of that court. It is, in the passing through several hands, which happens frequently with regard to the more numerous and less valuable appointments of cadets, that opportunities for this Fort of negotiation are pre-ented, which, without a greater degree of vigilance and strictness on the part of each director, at the time of making such nomination, it will be impracticable to prevent in future.

Your committee may perhaps be exceeding the limits of their province, in the further considerations to which this subject leads; but as they decline recommending any special legislative enactment, their view of the proper remedy for these abuses may be incomplete, unless they proceed to suggest some other observations. The unpleasant duty of increased vigilance is not likely to be performed without some incitement

of bene in or chairastan, aber upun the exetrist, of age of 201 I FE CLly ocfermatur 22 esperience to presne, that meet. TN continue to be abuset. » i: as no jocultetu once a fet by the person primary gwag, de Ly the perwoo citmately receiving -Where strict examinatice is a GUT. any spec es of negi gence cannot be wholly blameless; and it a pears not unreasonable to curta, in some ocgree, the patronage of those, whe Lave either not been suficienty watchful in the disposal of it, or whose diligence has been unacces ful in preventing the abuses which are complained of. As an audit. 20 check against those who are inchard to purchase such appointments, a may be expedient that a bood should be giren by the parent, guardian, or friend, of every person receiving a nomination, containing a penalty to be paid to the East-India company, upon proof being made at any subsequent period, that any valuable consideration was given for such appointment; that species of proof being deemed sufficient to levy the penalty, upon which the court of directors may think themselves authorized to vacate the appointment.

The practices which are developed in the present report, and other transactions which this house has recently had under its cognizance, are sufficient to demonstrate, that patronage, of various descriptions, has, in several instances, become an article of traffic; that an opinion of the generality of such practices has been prevalent to a still greater extent; and that fraudulent agents have availed themselves of this belief, to the injury of the credulous and unwary, and to the discredit of those in whose hands the disposition of offices is lodged. It will depend upon the steps which may be taken

in consequence of these inquiries, whether such abuses shall receive a permanent check, or a virtual encouragement.

FLOWER, MAYOR.

In a Meeting or Assembly of the Mayor, Aldermen, and Liverymen, of the several Companies of the City of London, in Common Hall assembled, at the Guildhall of the said City, on Saturday, the 1st day of April, 1809.

Resolved Unanimously,

1. That it has long been matter of notoriety, and has lately been proved, beyond the possibility of doubt, that abuses of a most corrupt nature and ruinous tendency have existed and still exist in various branches of the administration of • public affairs.

2. Resolved unanimously-That to detect such abuses, and expose to detestation those men who have wickedly connived at or participated in them, requires no small degree of virtue, independence, and patriotism, all which have been eminently displayed by Gwyllym Lloyd Wardle, Esq. in instituting and conducting the late inquiry into the conduct of his Royal Highness the Duke of York.

3. Resolved unanimously-That the said Gwyllym Lloyd Wardle, Esq. is therefore entitled to the thanks and gratitude of this common hall, for his persevering and independent efforts, which have already produced beneficial effects, and are likely to lead to more advantageous results; and they express their confidence that having so manfully and ably commenced this arduous task, no difficulty or danger will damp his ardour or impede his progress in a cause so honourable to

himself, and so essential to the best interests of his country.

4. Resolved unanimously-That upon the same principles, and for the same reasons, they do highly approve of the conduct of Sir Francis Burdett, Bart. (the seconder), Lord Viscount Folkestone, Samuel Whitbread, Esq., Sir Samuel Romilly, Knight, General Fergusson, and the rest of the 125 honest and independent members, who supported Mr. Wardle's proposition on the 15th of March, 1809, and trust, that uninfluenced by party or feelings of interest, they will support every ineasure calculated to remove abuses and root out corruption.

5. Resolved unanimously-That these abuses form only a part of a wicked and corrupt system, which has been long acted upon, and no permanent good can arise from the late investigation, unless followed up by a general reformation of public abuses in every department of the state.

6. Resolved unanimously-That the corporation of London did, in petitions unanimously agreed to, and presented to both houses of parliament, during the last sessions, state, "That their burthens had been considerably augmented by gross abuses in the management and expenditure of the public money, by a profusion of sinecure places and pensions, which have not only added to the sufferings of the people, but created a pernicious influence, corrupting and undermining the free principles of the British constitution.'

7. Resolved unanimously-That no measures calculated to remove these oppressive and alarming evils have yet been adopted, nor can any rational expectation be formed that such measures will be adopted, while the management of the public affairs is in the hands of persons

who

who are themselves the greatest pensioners and reversionists in the kingdom.

8. Resolved unanimously-That it has since appeared, by the report of the committee of the house of commons, that 78 members of that house are in the receipt of 178,9941. per annum out of the public money, who, with their relations, and the naval and military officers in that house, must give a most preponderating and dangerous influence to a minister of the crown.

if

9. Resolved unanimously-That any doubt could remain as to the baneful effect of such influence, it has been sufficiently exemplified by the rejection of Mr. Wardle's late proposition in parliament, against the most conclusive evidence, and unequivocal sense of the country; and where it appeared that all his majesty's ministers-all the placemen-and all the pensioners, then present (stated to be 82 in number) voted against the said proposition; while, of course, in the minority of 125, not one of the ministers-not one placeman-not one pensionerand only one naval and one military commander was to be found.

10. Resolved unanimously-That other governments have crumbled into ruin-other states have been subverted, and their ancient and venerable institutions overthrown, by the folly, profligacy, and vices of their rulers; and, in the opinion of this common hall, unless this overwhelming tide of corruption is resisted by temperate and timely reformation, it must inevitably lead to the ruin and subjugation of this country.

11. Resolved unanimously-That it will be highly expedient for the livery of London, some time during the present session, to meet for the purpose of laying a faithful state

ment of their grievances before parliament, and pray for redress of the

same.

12.-Resolved unanimously-That the thanks of this common hall be given to Alderman Combe, one of the representatives of this city in parliament, for the support he gave to Mr. Wardle's motion, and for his uniform independence and incorruptibility in parliament.

13. Resolved-That Sir William Curtis, Bart. Sir Charles Price, Bart. and James Shaw, Esq. three of the representatives for this city in parliament have, by their recent conduct therein, shewn a contempt and disregard for the opinions and interests of their constituents, and a base subserviency to the will of ministers; and are, therefore, unworthy the confidence of their fellowcitizens.

14. Resolved-That the lord mayor has, by refusing to convene a common hall upon the three different requisitions, by presuming to dictate the terms and object of the present requisition, by the reluctance he even afterwards evinced, and the trouble and delay he has created, shewn a contempt and disregard for the rights and privileges of the livery, and is unworthy the confidence of his fellow-citizens.

15. Resolved-That the thanks of this common hall be given to Robert Waithman, Esq. for his manly conduct in the present instance, and his unremitting zeal upon all occasions where the inte rests of his fellow-citizens are in question.

16. Resolved unanimously-That the foregoing resolutions be signed by the town-clerk, and inserted in all the morning and evening papers,

WOODTHORPE,