UNIVERSITY AT LO V DEBATES AT THE INDIA HOUSE: AUGUST 22nd, 23rd, and SEPTEMBER 24tii, 1845, ON THE CASE OF THE DEPOSED RAJA OF SATTARA, IMPEACHMENT OF COL. C. OVANS. AND A SKETCH OF PREVIOUS PROCEEDINGS AT THE INDIA HOUSE. LONDON : EFFINGHAM WILSON, ROYAL EXCHANGE. 1845. TYLER & REED, PRINTERS, BOLT COURT, FLEET STREET. o SZ AS- IMS' TO THE PEOPLE OE ENGLAND, AND THEIR REPRESENTATIVES IN THE COMMONS HOUSE OF PARLIAMENT. To YOU, the people of this great, enlightened, and Christian country ; and to you who represent the British people in the Legislature, is this volume dedicated. It contains an accurate report of two most important discussions at the India House on the case of the deposed Raja of Sattara. That the subsequent speeches may be the better understood, it has been deemed advisable to prefix some historical notes, anc" a brief sketch of proceedings in this country, down to the present time. HISTORICAL NOTES, Pretaub Shean, ex-Raja of Sattara, is descended from Sivajee, the celebrated founder of the Mahratta empire, which grew out of the ruins of the vast Mahomedan power which, in the reign of Aurungzib, in the early part of the last century, gave laws through the greater part of India, Scinde, the Punjab, and a portion of Afghanistan. Sivajee was a Rajpoot, and related to the family of the Rana (or King) of Odeypoor, the most noble and ancient of all the Rajpoot chiefs. The efforts made by the Mahrattas under Sivajee to wrest from the Mahomedans the country that had been previously conquered from the Hindus, had been arrested by Aurungzib. Sivajee was dead ; his eldest son, Sambajee, had been ignominiously put to death by the emperor, and Sivajee's grandson, Sahoojee, with his family, remained a captive in the hands of the Mahomedans. The intestine feuds that arose among the sons of Aurungzib after his death were favourable to the enemies of the Mahomedans ; but there were circumstances, at the moment, which rendered it politic to release Sahoojee from his captivity, and to allow him to recover, if possible, the territory his grandfather had conquered and lost ; on con- dition that he should consent to retain the military office assigned to him in the service of the emperor of Delhi. It was not without some difficulty that Sahoojee obtained the recognition and allegiance of his subjects. Being, however, once established on the throne, he gave himself up to the amusements of the field, leaving the hard labour of recovering his grandfather's conquests, and of making encroacliments on the Mahomedans wherever opportunity afforded, to his military chiefs. The direction of this difficult task was undertaken by his prime minister, under the title of Peshwa, who during his sovereign's life ruled the Mahratta dominions. These dominions (which at tlie period when Sahoojee ascended tlie throne, were scarcely more than those subsequently assigned by the British Government to his descendant in 1818) were, by the vigour and energy of the Peshwas greatly extended, and before the termina- tion of the reign of Sahoojee, almost all India, from Tanjore on the south, to Delhi on the north, acknowledged the Mahratta sway. Such parts as were not actually conquered, consented to pay to the great predominant power an annual tribute levied under various pretensions. Sahoojee lived to an extreme old age, having survived two Peshwas, and leaving by will the care of his government to the then Peshwa, Ballajee Bajee Row, Sahoojee left no issue; but his minister caused his nephew, Raja Ram, a youth brought up in obscurity, to be pro- claimed king, and the great officers of the State recognized him as such. From that period to the time when the Raja of Sattara was liberated from the thraldom of the Peshwas at the victory of Ashta, obtained by the British arms under Sir Lionel Smith, in the month of February, 1818, the descendants of Sivajee, under the rule of the Peshwas, were deprived of all political power ; but each was recog- nized as the head of the Mahratta empire. Every attention was paid to the domestic comforts of the Raja and his family. He resided in a palace, on the hill fort of Sattara, containing an area of six or eight acres of land, affording abundant room even for horse exercise, and having a fish preserve for amusement. The several great officers of state, with their extensive domains, were always maintained as an appendage to the Raja's dignity ; and his signature and seal were re- quired to the completion of royal grants and patents for high offices. All official reports of military operations, the confirmation of treaties, and the declaration of war, went forth in the Raja's name, and he is designated up to the present period as "Chatr-Putty," the sovereign bearing the Royal Canopy, and is addressed and announced as Hindoo- put Raja, the King of Hindostan. Nor were these honours merely nominal. In the year 1781, the agent of the Peshwa residing with the Raja writes to Nana Furnevis, (the Regent at Poonah) — " It is right we should know exactly what is to be expended on the kreea (funeral ceremony) of the late Raja Ram, deceased : ten or twelve thousand rupees (£1000 or £1200) will be required at least; meanwhile we have elephants, horses, and cloths, that we can give away as presents, but not enough money ; I only brought with me five thousand rupees, which I have still got, but we shall ctTtiiiiily want ciglit or niiio tliuusaud ru[)ceb more." Again, on the espousal of the Kaja's daughter, we tiiid ilie same Regent writuig to the Agent at Saltura, to limit the ex|)enses at the marriage of the Raja's daugiiter to fifty thousand rupees, or X'5U00. Two more striking instances of tlie respect observed towards the Raja occurred on the election of tlie last Peshwa, now living in exile at Bittoor. In describing an interview between the Kaja (the present Raja's father) and the Regent minister. Nana Furnevis, in the year 1796, at Sattara, the agent writes as follows : — " His Highness the Maharaj then replied, that the Court establishment being on so limited a scale, and no measures having been adopted to remove this cause ot complaint, it was strange that he (the Regent) should come to him and request favours." His Highness then inquired as to the fitness of Bajee Row for managing the aflfairs of state, and as to his integrity. Nana Furnevis having satisfied him on these points, his Highness eventually gave his sanction to the appointment. We subsequeutly find a letter from Bajee Row himself, to the present Raja's father, acknowledging the patent of office. "December 31, 1796. " May it please your Highness — "By your Highness's favour I am at present in theenjoyment of health, and beg to present my most grateful and humble thanks for the khilut (robes of office) and seals, together with the patent of office as Peshwa to the State. I am your Highness's slave, and live in tlie hope 1 shall ever deserve your Highness's favour. " Your Highness's dependants have none to look to for protection but their master. It is with this feeling that I lay my services at your Highness's feet. (Signed) " Bajee Row Ragonat." It is true that at a subsequent period, the same Peshwa, having formed an independent treaty with the British government in his own name, did not continue to pay the same respect to his sovereign, and even deprived him altogether of the use of his own money, causing him and his family to be provided with all necessary wants ; he still, however, maintained towards him the outward forms of respect, and the Raja, to the last day of his connexion with the ex-Peshwa, Bajee Row, addressed him personally as his servant, and always spoke of Vlll him as such. The Raja meanwhile retained, as he still does, the title of Maharaja Chatr-Putty, or, " His Majesty of the Imperial Canopy," and is addressed by his subjects and proclaimed as Hinduput Padsha, *' Emperor of Hindostan ;" and these titles and distinctions have been sanctioned during the twenty-seven years of his alliance with the British Government. At the commencement of the Mahratta war in 1817, the present ex-llaja of Sattara was a state prisoner in the hands of Bajee Rao, the then Peshwa; and, on the conquest of the Mahratta empire, which was completed on the 20lh of February, 1818, the power of the Peshwa was entirely annihilated, and the British Government proceeded to carry into effect the terms of a previous proclamation to the Mahratta people and chieftains, that the Raja, on being released, should be placed at the head of an independent sovereignty, of such an extent as might maintain him and his family in comfort and dignity. On the 20th of May, the Raja made his public entry into Sattara, escorted by the British troops, and most of the officers, and was formally placed upon the gadee (or throne) in full durbar. The motive avowed by the Governor-General of India, in thus establishing the Raja on the throne of his ancestors, with a limited territory, was to aflbrd an honourable maintenance to the representative of the ancient Princes of the country, and to establish among the Mahrattas a counterpoise to the remaining influence of the former Brahmin Government. On the 25th of Sep- tember, 1819, a treaty was concluded with the Raja of Sattara, by which the British Government ceded to his Highness, his heirs and successors, in perpetual sovereignty, certain districts specified in a schedule annexed. This territory was to be held in subordinate co- operation to the British Government, and the Raja was to be guided in all matters by the British political Agent or Resident at his Highness's Court. Having now seen the Raja placed on liis throne — that throne secured to him by solemn treaty, ratified, sealed, and delivered, let us look back for a moment to the still earlier history of this interesting Prince. His father had died in the year 1808, leaving two sons : himself, then four years old, and iiis brother, Appa Sahib, now his successor, and tlien an infant in arms. Their mother was a woman of high family, of great spirit, and of coubiderable natural talent. She was proud of her elevated rank, devoted to the interests of her children, a hater of the Brahmins, who had usurped the power originally wielded by the Mah- ratta princes, and was bent on giving her sons an education which should render them, in some respects, equal to cope with the monopo- lized learning of the priesthood. She, besides, carefully instilled into their minds the dislike which she herself cherished to the whole Brah- minical race ; and, as will be seen in the sequel, the ex-Raja was not slow to profit by her lessons. It had been the policy of the Brahmins to prevent the Satlara princes from being taught to read and write, and to confine their accomplishments chiefly to skill in horsemanship, and the use of the bow. Tlie Dowager Ranee, however, contrived to have her sons instructed in letters, after midnight, while their attendants slept ; and the result was, that they were both tolerably educated before they were released from the Peshwa's power. The conduct of the Raja, when placed on his throne, evinced so much gratitude and fidelity to the British ; so much talent and aptitude for public business ; so much enlightened liberality and zeal for the interests of his people, that, in three years from the time of his installation, the entire management of the principality was placed in his hands, and the designation of Political Age7it, to whose advice he had been required to yield sub- mission, was changed to that of Political Resident, whose advice was only to be enforced, when the Raja's conduct was likely to lead to inconvenience or injustice, or to a positive breach of the treaty. Left to himself, he displayed a laudable, and in India, extraordinary desire for the education of the people. He was most anxious to fit tlie Mah- rattas for business, that they might supply the places hitherto filled by the Brahmins. For his own connexions, and the sons of the great officers of his government, he set apart a suite of rooms, in his own palace, as a college. On one occasion, when it was deemed necessary to ascertain what was the state of education in Sattara, a town contain- ing 10,000 souls, it was found that it contained no fewer tlian forty schools. He manifested the deepest respect for the advice of those who had placed him on his throne, and superintended liis early adminis- tration ; and rigidly fulfilled the parting promise which he gave to Captain Grant Duff, the Political Agent, on his quitting Sattara for England, in 1823, that he would never depart from the laws established for him by that gentleman, and confirmed by the Hon. Mountsluart Elphinslone. Nor was it on the subject of education alone, that the Raja displayed his zeal for the welfare and improvement of liis people, and his fitness to rule over the portion of his ancestors' dominions conferred upon him. lie made Sattara, from being a small and insignificant place, a handsome and populous town. He planned and laid out broad streets in every direction. He supplied the want of water by an aqueduct, brought from the neighbouring hills, a distance of two miles ; and with so much skill, that a well-known civil engineer in this country, who saw and examined the work while in progress, declared that he was per- fectly astonished at the science which had been displayed in every part of its construction, whether as to the knowledge of hydraulics, or the ingenuity in discovering and leading to the main trunk the several small streams of water which were conducted into it; and he even carried with him the recipe for forming the cement which was used in laying the pipes. The Raja also laid out considerable sums in the formation of roads and bridges, and set aside other large sums, annually, out of his revenues, for that purpose. Such was the Raja of Sattara, as he appeared every day in the eyes of the men appointed to watch his conduct. From year to year he received the lavish praises of the Bombay Government, and from year to year he was complimented by the authorities at home upon the wisdom and beneficence of his sway. At last, in the latter end of the year 1835, seventeen years from the date of his elevation to the throne, six- teen from the signing of the treaty, and fourteen from the period when he assumed the entire management of the affairs of his kingdom, the Court of Directors, desirous of bestowing upon him the highest and most gratifying mark of their admiration and respect, resolved that he should be presented with a sword, and at the same time with a suitable letter. In the letter, which received the signature of every one of the twenty-four Directors, they complimented the Raja upon the exemplary fulfilment of the duties of his elevated situation ; they declared that the whole course of his conduct reflected the highest credit on his cha- racter—that he had won their unqualified approbation — that his liber- ality in executing, at his own cost, various public works of great utility, had justly raised his reputation in the eyes of the princes and people of India ; and that, therefore, they had sent him a present of a sword, in testimony of their admiration and high esteem. Such was the Raja of Sattara in 1835. The sword and letter went out in 1836, but never readied tlie Prince. Before they arrived, he had incurred the displeasure of the Bombay Government, and engines were already at work to effect his ruin. Unhappily, they succeeded, and this exemplary Prince is now — the ex-Raja of Sattara. We proceed to sketch the story of his downfal — a story reflecting the deepest and most indelible disgrace upon all the parties concerned in effecting it. The treaty which placed the Raja on the throne, secured to him the absolute sovereignty over certain estates, or jagheers, as they are in India called, which, on the death of their then occupants, were to lapse to the Raja of Sattara. It may be proper to observe, that it is the practice in India to reward services rendered to the State, by the be- stowment of jagheers, or certain portions of territory, over which the parties to be rewarded are empowered, during their lives, to collect the revenue. These jagheers stand in the place of pensions. The sove- reignty over several such jagheers was secured to the Raja of Sattara, by the same treaty which placed him on the throne. If any power was competent to deprive him of these jagheers, the same power was competent to take from him his entire dominion. It became a matter of the utmost importance, therefore, that the Raja should assert his right in this matter, and claim the fulfilment of the treaty. He did so, and was evaded. He offered to submit the point in dispute to Mr. Elphinstone, the framer of the treaty, then in England, and gave his word that he would abide by Mr. Elphinstone's decision, whatever it might be. This was never done. He prayed that the matter might be referred home, for the opinion of the Court of Directors. This was done. The decision of the Court was in his favour ; but that decision was concealed from him by Sir Robert Grant. The disagreement about the jagheers took place in 1832 and 1833. After a promise of the Bombay Government that the subject should be again submitted to the Court of Directors, the Raja rested for some time contented ; but, at the end of a year, he discovered that he had been deceived — that no reference of his case had been made to the home authorities. He was displeased — he lost his confidence in the Bombay Government — he became disquieted in his mind, and declared he could not take his food, so deeply had the conduct of the local authorities affected him. He announced his intention of sending an agent to this country to repre- sent his case, and to claim the fulfilment of tiie treaty. Tliis openly avowed intention of appeal, the Bombay Government construed into an infraction of the treaty, and, still more, into an insult to themselves ; and they retaliated, by rejecting the Raja's customary annual present and letter, thus breaking off all amicable relations with him. Tliey also withheld the sword and the Directors' letter. Let it be here observed, that these alleged infractions of the treaty on the part of the Company, in the matter of the jagheers, are now admitted. Mr. Elphinstone, who was always at hand to be appealed to, and whose word would have settled the point at once, has never been appealed to. Lord Clare, the Governor of Bombay at the time of the dispute, and who was at first inclined to sanction the resumption of the jagheers, has since confessed tiiat lie was wrong, and the Raja right. The treaty has been again and again produced in the presence of the Directors; and the three suc- cessive Residents at the Raja's Court, Generals Robertson, Briggs, and Lodwick, have all declared their unqualified opinion in favour of the entire justice of the Raja's claims. His right to appeal to the home authorities, by means of Vakeels or native agents, has never been dis- puted in open Court. The right is undoubted ; but it suited the pur- pose of the wholesale violators of treaties in India, to pervert a respect- ful application to the superior authorities in England, into a breach of treaty. The loss of the favour and good opinion of the Bombay Government, was the signal for the rising of a host of enemies of the Rija, who found the local authorities but too willing to listen to every accusation they could invent. The first charge, gravely preferred against him, was that of seeking to corrupt two native officers in the service of the British Government. The throne of the Raja, who is a Maliratta, had been raised upon the ruin of the Peshwa, who was a Brahmin. The Raja had been guided for years by a policy, which led him to adopt every legitimate means of destroying the influence of the Brahmins, and of raising the intellectual standard and political importance of the Mahrattas, He had, despite all opposition and all denunciation, prosecuted the work of educating the mass of the people ; and he had filled up the measure of his offences, in the eyes of the Hindoo priests, by refusing to appoint to the office of prime minister a talented Brahmin, who, from the com- mencement of his reign, iiad aspired to that high situation. He had. therefore, many powerful, malignant, and unscrupulous foes, who, though awed and held in fear during the period that the Raja was the favoured child of tlie Bombay Government, took immediate advantage of his quarrel with the British authorities, and determined to make it subserve the ends of their baffled ambition, their deep hatred, and their inextinguishable revenge. Accordingly, Untajee (one of the most pro- fligate of Brahmins) accused the Raja of tampering with the allegiance of two of the native officers, or soobadars. This charge was first gone into before a Commission sent up to Sattara, to try the Raja at his own capital, but behind his back. The Commission consisted of one of the Secretaries of the Bombay Government, a Colonel in the British army, and the Resident at the Raja's Court, General Lodwick. The last-named gentleman was appointed the president of the Commission, and has since declared, that the originator of the plot avowed himself actuated by revenge, and to be unworthy of belief; that while looking about for the means of revenging himself upon the Raja, Heaven threw these soobadars in his way. He said, too, that one of these soobadars declared, that, to promote the plot, he took an oath which he had no intention to keep ; and General Lodwick also openly stated that the Commissioners, with whom he was associated, would not allow these criminators of the Raja to be cross-examined ; although their oral tes- timony was in many important particulars irreconcilable with their previous depositions. A second charge was brought forward — that of conspiring with Don Manoel de Portugal, the Viceroy of a petty, poverty-stricken, power- less Portuguese settlement, on the southern confines of the Sattara territory, some two hundred miles below Bombay ; a conspiracy to raise 30,000 troops in Europe, bring them to India, and, with this splendid army, to drive the English for ever out of Hindostan ! The witnesses brought forward to support this monstrous, wicked, and con- temptibly ridiculous charge were almost to a man Brahmins. Several among them were gang robbers, whom the Bombay Government par- doned. The evidence obtained of a written character, consisted of a bundle of Mahratta and Portuguese letters, found in pawn with an indigent inhabitant of an obscure village in the Goa territory, and purported to have belonged to two Brahmins, who had died ten months before, and are declared to have been the agents of the Raja of Sattara; but it is admitted that tliese same persons had for years been in the service of a man who was regarded as the Pope of tlie Bralimins, known by the name of the Swamee of Sunkeshwur, and a known enemy of the Raja. These documents, which have been pronounced satisfactory evidence of the Raja's guilty intentions, and which, if genuine, might have made their possessors rich for ever, were purchased by the British Government for the astounding sum of £40 sterling. The Portuguese papers thus found, and affirmed to be signed by Don Manoel, have been declared by that nobleman to be utter forgeries, and his alleged correspondence with the Raja a gross fabrication and falsehood. But it will naturally be supposed that the British authorities, both in India and at home, took the earliest opportunity of calling upon our ancient ally, the Portuguese Government, to explain the conduct of the high functionary thus directly implicated in a charge of cherishing, through twelve years, the design of subverting the British power in India. How great will be the surprise of our readers when we tell them that, while pretending to hold the proof of the Viceroy's guilt under his own hand and seal, there has not been, down to this hour, the slightest reference made to the subject in any correspondence between the British Govern- ment and the Government of Portugal. We are equally ignorant if there has ever been any correspondence on the subject between any person connected with the executive of the East India Company, and the Viceroy himself. But there has been between that ex- Viceroy and oMer parties. A friend of the Raja proceeded, in April, 1841, to Lisbon, where Don Manoel resides, and fills a high situation in the household of the reigning Queen. He took with him a letter from Mr. Hume, who had expressed his determination to bring the matter before Parliament. Mr. Hume called upon the ex-Viceroy to give full and explicit answers to the questions which he put relative to the crime said to have been by him committed. The high-minded nobleman went before the British consul in Lisbon, and made the following voluntary and solemn declaration : — " Having received a communica- tion, dated on the 8th instant, from the most illustrious Senhor Joseph Hume, member of the British Parliament, relating to the conspiracy that the Raja of Sattara, at present dethroned, is said to have contrived against the British power in India ; and affirming that I was aware of the said conspiracy ; — I feel it necessary, for the sake of justice and my honour, to declare that, during the whole of the time I governed Portuguese Asia, I never had any correspondence whatsoever, upon political subjects, with the said Raja of Sattara ; and (hat whatever documents may appear, relatina; to it, must be considered entirely false." What is to be thought of the conduct of the British Indian Govern- ment in this business? They have dethroned a virtuous and benignant Prince, upon a charge which they never took the most important pre- liminary step to substantiate, and at the same time have concealed from the Minister of the British Crown all knowledge of the alleged guilt of a Government in friendly alliance with us. It is not possible to believe that the Britisli Indian authorities, either at home or abroad, ever entertained the most distant idea of the genuineness of the corres- pondence which they took out of pawn. Anything approaching to a conviction of its authenticity, would have laid them under the most solemn responsibility, as loyal subjects, to bring the whole matter before the Queen's Ministers, that an immediate and rigid inquiry might have been made into the facts of the case. But no. The evi- dence that was considered abundantly sufficient to warrant the de- thronement of the Raja, was known to be too foul, contemptible, and unsubstantial, to be made the subject of a moment's inquiry on the part of those who are sworn to maintain the integrity of her Majesty's dominions, and to bring to justice all, whomsoever they may be, who meditate the dismemberment or ruin of her empire. The third and last charge against the Raja is in perfect keeping with the two I have already exposed. It is set forth that the Raja, with the same design of overthrowing the English, intrigued with the ex- Raja of Nagpore. And who, pray, is he ? Why, at the time, a wretched fugitive ; subsisting on the bounty of the Raja of Joudpore, A de- throned Prince, residing in obscurity, without money and without friends. A stale prisoner, inclosed within a court-yard, 20 feet by 12. Yet, with this poor spectre of a pauper Prince, the Raja of Sattara is charged with conspiracy, for the purpose of overthrowing the colossal power of the British in India; and the overwhelming proof, at once of guilt and danger, is, that the ex- Raja of Nagpore sent the Raja of Sattara a complimentary letter, and that the Raja of Sattara sent the ex-Raja of Nagpore a pair of shoes ! XVI So much for the charges. The overwhelming refutation of these charges, as well as the proof of the guilty part taken in the plot against the Raja by one British officer, will be found in the following pages. Now for the use made of these charges, by men who are citizens of a State, in which the meanest person, accused, of the most petty offence, may not be condemned unheard. Did they call on the Raja for ex- planation ? No. Did they send him copies of the charges brought against him ? No. Did they tell him who were his accusers, and confront him witli them ? No. What, then, did they do ? They made up their minds that he was guilty. The evidence was so clear, so satisfactory, so complete, so irresistible, that it would have been a waste of justice to call upon the Raja to rebut it, or even to let him know what it was. What mattered it that he felt himself innocent, if they believed him to be guilty ? What need of putting the Raja to the trouble of defending himself when he was already tried, convicted, and condemned ? Sir Robert Grant, one of the chief actors in this affair, having died, Sir James Rivett Carnac, at the time a Director, was appointed Governor of Bombay in his place. On reaching India, he drew out certain articles and a preamble, with which he proceeded to Sattara, with a view of winding up the case of the Raja, and, as it has been stated by himself and his friends, with the benevolent design of saving the Prince from the consequences of his infatuation and guilty folly. The preamble to the memorandum, which the Raja was called upon to sign, contained an admission of his guilt. The articles required him to pass an act of oblivion with regard to his ac- cusers — to yield a certain sum from his treasury for the benefit of his worst enemies — and to put away from him the persons in whose fidelity he could alone repose. What reply did this Indian Prince make to such a string of propositions, submitted by a British functionary, with the assurance that, if he agreed to them, he should remain upon the throne, and be restored to the confidence of Government ? He made an answer worthy of the brightest hero of ancient or modern times ; an answer which places him at a sublime height above the petty perse- cutors to whose arts he has fallen a victim. His answer siiall be given in the words of Sir James Carnac, who has reported at full length his interview with the Raja. Sir James, speaking of his address to the Raja, an address intended to induce him to agree to llie terms of the amnesty, as it has been called, says : — " When I had concluded, he (the Raja) stated, that ho regarded me as his friend and well-wisher ; asserted that the accusations itgainst him originated in the intrigues of his enemies; that as long as the British Government enter- tained the idea that he had cherished hostile designs he could agree to nothing, but this idea being removed, he would agree to anything I proposed ; that he would consent to anything, except to abandon liis religion, or to acknowledge that he had been our enemy." A second and third interview took place with similar results. The Raja persevered in his refusal to subscribe his own guilt, and thus sign away his honour, and put it in the power of the British Government at anytime to publish him to the world a self-admitted traitor, lie asked to be heard. He offered to lay aside whatever dignity might stand in the way of an ordinary trial, and to place himself before any honest tribunal. He offered to relinquish his person, his government, his kingdom, into the hands of the British, if they would grant him a fair trial. A trial was sternly denied. He was already guilty in the determination of the Bombay authorities, and must submit to declare himself to be, what they had undertaken to make him out to be, whe- ther his conscience accused him or not. But these functionaries had to deal with a man whom they were incapable alike of understanding or appreciating. Perhaps they reasoned that he would do what, in like circumstances, they would have been willing to do. They thought that, if they balanced his nice and fastidious ideas of honour and self- respect against a throne, and the continued protection of the British Government, he would surely yield the former to secure the latter. But such views were far from the mind of this noble man. He said plainly, " Gentlemen, you mistake me altogether. I can relinquish a throne, I can go into exile, I can see my kingdom given to another, or absorbed into your own territory ; but I cannot forfeit the testimony of my conscience; I can sacrifice everything but my honour !" What was to be done ? It was secretly determined that the Raja should be forthwith deposed. He had already expressed his willingness to remove without a murmur at tiie bidding of the Governor. Nay, he had said, when with the Governor at the residence of tiie political agent at b Sattara, " I will stay, if you please, here, in this bungalow, nor ever enter my capital again, till I have established my innocence before an impartial tribunal." Neitlier force, nor rudeness, therefore, was re- quired. The Governor had but to say, " Depart," and the Raja had passed his word that he would quit his kingdom immediately. But guilt is ever clandestine, timid, and stealthy. " Thus does Conscience make cowards of us all." At midnight, when the Raja was in his chamber asleep upon his couch ■ — at midnight, to suit the better the time to the deed, and cover it witli darkness, if possible, black as itself — at midnight, did two British officers, instructed by a British Governor, conduct a troop to Sattara, and surround the palace. The Raja was asleep — they arrested him — thrust him naked into a palanquin — placed the Raja and his family under the charge of a British Lieutenant and a company of soldiers, and subsequently ordered the escort to march for Benares, a distance of nearly a thousand miles. While pursuing their way, the pangs of childbirth overtook the wife of Balla Sahib, the Raja's cousin. The anxious husband implored a halt, which was denied. In a few days, Balla Sahib himself was brought to the point of death, A halt was again implored. Again it was denied by this man of fleshless heart ; and, at the close of the day, the devoted cousin of the Raja, " Faithful among the faithless found," lay a corpse in his palanquin. People of England ! what think you of acts like these ? Too deep your detestation cannot be, at this recital of atrocities, perpetrated in your name, by your own countrymen, upon the distant plains of India, in the eyes of a people whom we have robbed of their country. Give your indignation words. Put it into action. Rouse up at the great call of nature and of justice, and check the deeds of those who are covering you with infamy, by the spoliations and tragedies they are enacting, with the power you have placed in their hands. Let us leave the lifeless body of Balla Sahib in the jungle, and the Raja in his exile, and return to Sattara. The Raja, out of all his private wealth, carried with liim only the jewels which the women of his household were able, in llie hurry of departure, to secure. Imme- diately upon the abduction of the llaja, his ruthless persecutors made themselves masters of all his papers. But I may here, once for all, observe, that there is not in the possession of the British Government a single document, or fragment of one, in the handwriting of llie Raja, affording the slightest evidence of infidelity to the Britisii. IIow tri- umphant is this fact ! An intriguer for twenty years — a man accus- tomed to make the most regular minutes of all his transactions, even the most trivial — accused by a Government that had offered liberal rewards, personal indemnity, and honourable distinction, as the pre- miums for evidence against him — and yet not a solitary atom of proof, under his own hand, of his ever having cherished a thought at variance with his fidelity as a prince, or his honour as a man. In a very few days after the expulsion of the Raja — while the sighs of a travailing mother, the cries of her new-born babe, and the groans of the expiring husband and father were disturbing the stillness of the jungle— Saitara was the scene of the installation and enthronement of a new Raja. And who is he ? Surely, some one more worthy of the throne than the man who has been hurled at midnight from it, and chased into exile. The deposers of the ex-Raja have, surely, found some paragon of perfection, who, by the lustre of his virtues, shall mitigate the " deep damnation" of the deed that has been wrought. Who is he, that is escorted by thousands of British troops to tlie capital, attended by the Governor and his staff to the palace, and placed, amidst tlie thundering of cannon, the clangour of trumpets, and the explosion of fireworks, upon the throne of Sivajee, and proclaimed Raja of Sattara — the ally and friend of the British Government — the CHOSEN OBJECT of Confidence and protection — in the place of the dethroned, despoiled, and desolated Pretaub Sing? It is Appa Sauib — the abandoned profligate — the companion of courtezans — the corrupt judge — the man who twice plotted the partition of the principality — the Judas Iscariot who betrayed his master — the inhuman brother who sold his mother's son into the hands of his enemies. He is the man, whom the Governor of Bombay delighteth to honour. He is now the favourite of the East India [Company, to whom, doubtless, the sword which has been withlield from the brother, has been presented, witli a new and amended edition of the Court's complimentary letter of 1S3J. b 2 Tlie Company have also deprived ihe ex-Raja of all the private property he left behind him, consisting of money and jewels, and other valuables, the savings of the years that he had been upon the throne, amounting to at least half a million sterling. All this has been a[)pro- priately handed over to the exemplary Prince who now sways the sceptre. But we pass over many deeply interesting features in this history, that we may describe the conduct of the home authorities. On the news of the Raja's dethronement arriving in this country, a few of the friends of justice, proprietors of East India Stock, signed a requisition for a Special Court for the 12th February, 1840 — " To take into consideration a recommendation to the Court of Di- rectors, and to the Board of Control, to withhold their sanction to the dethronement of his Highness the Raja of Saltara, by the Bombay Government, until a full and fair investigation of the charges preferred against him shall have been made, according to his Highness's earnest and repeated request." The Directors, who are, of course, Proprietors, and, in consequence of their extensive patronage, most influential ones, came down, and, instead of following the dictates of delicacy, and leaving the Court to decide for itself, uninfluenced by their votes or dictation, themselves moved, and carried by their own votes, an amendment, that '* it is higlily inexpedient, and this Court accordingly declines to interfere with its responsible executive, in the affairs of the Raja of Sattara." No further movement took place until the 23rd of June, 1841, when further papers were moved for, and after a sharp struggle in the Court of Proprietors, a day was named for the consideration of their contents. That day was the 14th of July. During a debate of five days which followed, the case was fully argued. It has been most truly said, that " the advocates of the Raja went at once into the merits of the question. There was no special pleading — no torturing of words — no twisting of minutes — no mouthing of high names — no begging of the case by quoting mere opinions — (opinions mostly of men deeply compromised;) but there was an appeal to the evidence produced against the Raja, though not printed by the Court of Directors — that evidence was discussed, dissected, put to the test of probability, weighed with living testimony of unimpeachable character ; and we fearlessly assert, that the verdict of any twelve honest men would be the verdict so emphatically pronounced by General Roherlson — llut, ' upmi suck evidence he would not ftang a dog.' Yet, upon such evidence, has a Prince — an ornament to his kind — been hurled, unheard, from his throne. A more wicked, disgraceful spectacle of lawless power arrayed against helpless right the world has never beheld." What •was the result ? The gentlemen who opened the debate moved for the reconsideration of the Raja's case by the Court of Directors. Other gentlemen recommended amelioration. The Directors modestly pro- posed that the Court should pass over again their resolution of the 12th of February, 1840. The original motion was lost by a majority of seventeen — the majority being all Directors. On the motion of the Directors being put from the Chair, one experienced Proprietor got his amendment before the Court, which was, however, lost. The rest were jockeyed aside in the most shameless manner, and the Directors carried, by their own votes, their own resolution, that there should be no interference with the "responsible Executive." There were those who ventured to tell the Honourable, the Court of Directors, that they must not lay " the flattering unction to their souls,'* that they had placed the question of the Raja of Sattara at rest. They reminded them, that there were other and higher tribunals before which this cause could be tried. That there was a legitimate appeal to the Imperial Parliament, the source of their power, and that — to Parliament they would go. They reminded them, that we had upon the throne a benignant Queen, who would listen to a petition in behalf of a prostrate Indian Prince, and that — to the footstool of that monarch Ihey would go. They reminded them, finally, that there was a bar, before which even they might be placed on their trial, and, peradven- ture, be found guilty; and, promised tliem, that no eflforts should be wanting, to bring them to that bar, if they should turn a deaf ear to the pleadings of disinterested compassion, and obstinately refuse the demands of outraged justice. They have fulfilled the worst fears. They have resisted evidence, as clear, as cogent, as convincing, as authoritative, as ever was submitted to the judgment and verdict of the human mind. If, in hot haste, or blind ambition, or wounded pride, or partial or entire ignorance of the facts of the case, they drove the Raja from his throne, and chose a supple villain to supply his ['l* Hear it, you, who are never weary in trumpeting the praises of this man — you, who think he deserves boundless thanks, and are now screening him from the effects of an inquiry into the charges of Krushnajee. His first act was the subornation of evidence. Here is the proof, gainsay it if you can. Read the letter of Captain Durack, on p. 641 of the printed papers, and the depo- sitions and documents accompanying that letter. You will there find, that for some time before the arrival of Colonel Ovans, a villain of the name of Bhow Lely, whose crimes I shall hereafter 23 have occasion more fully to disclose, had been offering to Lieu- tenant Home, (see his letter, p. 613,) to procure some treasonable papers with the seal of the Raja, upon condition of being hand- somely rewarded. This infamous proposition Lieutenant Home communicated to Captain Durack, who, on the arrival of Colonel Ovans, immediately told that officer, who — will it be believed? — without knowing the man who had thus proffered to sell his master — without making a single inquiry — intent only upon the accomplishment of that for which General Lodwick had been declared unfit, gave instant " authority" to Captain Durack " to advance the sum of 200 rupees, to pay the expenses of Bhow Lely's trip to the place where the papers were said to be, also to pass a note to the effect, that he (Bhow Lely) would be after- wards REWARDED ACCORDING TO THE SERVICES HE PERFORMED." Such was the commencement of the iniquitous career of this Bri- tish officer at Sattara. We are also informed by Captain Durack, that when that officer reported, that Bhow Lely had not redeemed the promise made by him, when the money was paid, he was told by Colonel Ovans to give him another trial, as he might yet be useful to the Government. The proof of this transaction rests, not alone on the evidence of natives, but upon the testimony of two British officers, and the admission of Colonel Ovans himself; and here we have letters, receipts, and promises, all demonstrating the committal of one of the most cruel and nefarious acts. Let it then be kept in mind, that the first act of Colonel Ovans, as Resident at Sattara, was the subornation of Bhow Lely, by the payment of 200 rupees, and the promise of a future reward, pro- portionate to the value of his services — an act disgraceful to Colonel Ovans, as a man, and an Englishman ; and infamous as the act of a British officer, and the professed adviser of the Raja. On the 24th of September, I will give you such evidence on this subject, as would lead any court of justice in the world to return a verdict of guilty. To return to the letter of instructions, and the petition of Gir- jabaee. On the 24th of June — one week from the commencement of his duties — Colonel Ovans wrote a letter to the Government, Baying, that he was " doing all in his power to discover the writer 24 of the petition," and in which he dwelt upon his great anxiety in the matter; regarding it as superseding, in importance, every other branch of the inquiry. In the same letter he says : — " I beg most respectfully to propose that the Dcwan (Govind Rao, the son of Girjabaee, the alleged author of the petition,) be sent immediately under (juard to Ahmcdiui(/f/ur, and placed in strict confinement there ; that he only be attended by his own servant, and that all other intercourse with him be for the present prohibited. " It is to be hoped that this measure, if adopted, may serve to show that the rumours of Govind Rao's return are without foundation, and this being felt, his mother and his other friends may be induced to come forward and disclose all they know as the only means of assisting him. But whatever may be the result, the effect of this step should certainly be tried without loss of time." There is something about this transaction, not only most suspi- cious, but, as it strikes my mind, most dark and diabolical. Go- vind Rao was at this time at Poonah, living under mild restraint. This did not satisfy Colonel Ovans. His proximity to Sattara, and his present ability to communicate with his friends, appeared to Colonel Ovans to threaten the fate of the petition, and he must therefore be sent to a distance, and placed in strict and solitary confinement. At this point, I must be permitted to advert to what fell from the honourable the Deputy Chairman, in the course of his speech in the House of Commons. That honourable gentle- man stated, that the confession, which we say was extorted from Govind Rao, was a voluntary confession — volunteered before a magistrate, wholly unconnected with Sattara ; and that the coin- cidence between the facts stated in that confession, and the evi- dence taken in Sattara, was so remarkable, as to confirm most fully the truth of the latter. I shall now demonstrate, that in every sense of the word, that confession, so-called, was extorted — I will demonstrate still more — that it was a fabrication by others from beginning to end — that it was concocted at Sattara — that Colonel Ovans was the real author of it, and that he despatched a special emissary to Ahmednuggur, to obtain the signature of Govind Rao. That you may have all the facts, in this most important case, before you, I -will read a passage descriptive of tlie behaviour of Govind Rao, when he was first informed of the charge again.it him. Mr. Weeding rose to order, and contended that Mr. Thompson was bound to adhere strictly to the papers then under discussion, and could not legitimately introduce the matter to which he had referred. Mr. Lewis. I also think that, in this discussion, we should adhere strictly to the topics brought before us by the newly jjrinted papers ; but I must, at the same time, say, that the obser- vations of the hon. Proprietor (Mr. Thompson) bear directly, and in a most important manner, upon a very material circum- stance, expressly referred to in these papers, namely, the confes- sion of Govind Rao. The mover, as it appears to me, is collecting together the facts which bear upon this essential point, and it is highly necessary, and strictly proper, that he should do so ; as it would be quite impossible to place the facts now before us, in an intelligible point of view, without showing their relation to others which have been antecedently stated. I beg, therefore, that he may be permitted to proceed without interruption. Mr. PoTNDER. I must be permitted to state, that I think the observations of Mr. Thompson are so particularly and plainly ap- propriate to the point, of the papers generally, which in a case like this must be considered (jeneralUj, and not scparatehj, that I trust he will receive the sanction of the chair, in proceeding with his address. Mr. WiGRAM. Sir, — I am sure that neither you, nor any mem- ber of the Court of Directors, would wish to place any improper restriction upon Mr. Thompson. It is true we are met for the consideration of the contents of certain papers, and are bound to confine ourselves to what is relevant to them; but still, some lati- tude must be allowed to the honourable Proprietor in the discus- sion, as an allusion to former papers may be necessary for the illustration of those now under notice. Having said this, I must also recall to the recollection of the honourableProprietor the fact, that it has been several times agreed by this bod)', that it is inex- pedient to go again into the general question relating to Sattara. 26 He will, therefore, I doubt not, see the propriety of confining his observations within as narrow a compass as is compatible with the fair consideration of the papers now brought immediately under our notice. Mr. Thompson. I thank the hon. proprietor who has last spoken for pointing out to me the course which I ought to pursue. I shall make no references to other papers, which are not essential to the right understanding of those before us. In the papers just printed, I find a declaration made by Govind Rao, that the document called his confession was extorted from hira. I also find documents in- tended to prove that it was not extorted. I also find in the public journals a report of a speech in Parliament, made by the Deputy Chair- man, upon the subject of these papers, in which the confession of Govind Rao is alluded to, and strongly dwelt upon. It is, therefore, strange that I cannot touch upon the true history of this confession without being called to order by an ever-officious gentleman (Mr. Weeding) who sits near me. If that gentleman, who is so fond of paying compliments to the Chairman on all occasions, would just leave him to judge of the pertinence or otherwise of a speaker's remarks, he would be acting much more consistently with his own Conservative doctrines, and with his frequent eulogiums upon the wisdom and prerogatives of the chair. (Hear, and laughter.) I for- give him, however, since it is probable he does not perceive the bearing of what I say ; or, perceiving it, is aware how completely it will destroy the fabric of evidence which he and others have built upon this most rotten foundation. I shall now return to the passage I was about to read, descriptive of the manner in which Govind Rao received the first intimation of his being suspected by the Government of treasonable designs. You are aware that he was the favourite of the Raja, and was accused by the two sepoys of taking them to the palace of the Raja on the 8th of September, 1836, were they were told by his Highness, that he, the Raja, was in league with other princes to cut the throats of the British, and that they, the sepoys, must help in the bloody work. Well, during the sitting of the secret commission, in the fol- lowing October, one of the witnesses examined was the native agent of the Resident, whose name was Ballajee Kasee Khibey. This 27 man, having been duly sworn, deposed as follows— (p. 334 of the Par. Papers) : — " About twenty-five days ago, I went on business to bis Highness's palace. After talking about Akulcote affairs, his Highness, addressing himself to all present, observed, ' I intend to make no change in the ex- isting order of things, and have no idea of entering into any war con- spiracy with the Company's government ; people say I send for the mis- tresses of the officers, and for the sepoys, and conspire with them; I am not, however, such a fool ; what advantage would there be in my doing so ? my heart is pure.' " Again : — Were you present when the Resident called upon his High- ness to give up the Dewan ? — Yes ; I went with the Resident, but remained below. When about to leave, the Resident called me up, and I heard him say to his Highness, ' Send me Govind Row Dewan, Appa Mohiteh, the * relation of the Raja of Nagpore, and Purushram the perfumer.' His High- ness asked, where was Purushram to be found; and I told him at his shop in the same street, and nearly opposite to the Dewan's. The Resident then went away, and told his Highness to send the persons in two hours, and ordered me to come with them. " What occurred after the Resident's departure ? — His Highness sent for Govind Row Dewan, who was in his palace. I was present when he came. His Highness said, 'The Resident has called you, as you are charged with conspiracy with the Company's sepoys, and the matter is to be inquired into.' The Dewan began to laugh, and all the rest of THE PEOPLE. At this time Purushram was brought by two sepoys, and his Highness asked his name and occupation, and whether he had attempted to seduce the sepoys. He denied it, and his Highness ordered him to be sent with tv)o sepoys to the Residency, His Highness asked Govind Row if he had eaten, and he said ' No.' He asked me whether he should be permitted to go home to c-t; and I made no objection, and he went. The Raja then returned to his bathing-room, and I went with him and many others. Appa Mohiteli now arrived, and on being told for what he had been sent, he denied all knowledge of what was charged against him. His Highness told me to go with Appa to the Dewan's house, and take them both to the Resident) . Whea he had finished eating, the Dewan got up, and, with my permission went alone to take leave of the R ja, and returned in a few minu*°j. " Of what caste is the Dewan, and what salary dot • he receive from the RaJaZ — He is of the same caste as myself. Ho is the person in charge of his 28 Higbness's treasury, and is much employed about the Raja. His Highness is much attached to him. He receives 800 rupees per mensem, and a younger brother 100 rupees from the Maharaj. " How came you to permit the Devvan to pvocccd alone to his Highness? — He said ii was his Highness's order that he should talie leave of him before ho went. " Was the Devfan at all agitated when he was first told the cause of his being required at the Residency ? — He did not appear to be at all downcast or alarmed. [The witness here states that next day he understood from a carcoon, named Bugwunt Row, who was present, that when Govind Row went to take leave of his Highness, no private intercourse passed between them, the Dewan merely put his head to the ground and took his leave.]" You cannot fail to perceive the object I have in view in drawing your attention to this passage in the evidence of the native agent. It is to fix your attention upon the manner of Govind Rao and all present, upon his being informed that he was required by the Re- sident to answer a charge of treason. You must all admit that it is not consistent with the constitution of human nature that a guilty man could hear of the detection of a plot so criminal as that in which Govind Rao was said to be engaged, and receive the tidings with a fit of laughter. I would point you also to the conduct of the Raja, and ask you if it was not that of a man perfectly conscious of his own innocence. Instead of hesitating, or refusing to give up the persons applied for, he sends every one of them, even his own favourite minister, without a moment's delay to the British Resident — thereby disap- pointing all the speculations of Colonel Ovans and the Bombay authorities, who intended to make his refusal the pretext for filling Sattara with British soldiers, and to produce the fact as next to con- clusive proof of the guilt of the Raja. I repeat it — the scene de- scribed by the agent of the British Resident, is full of convincing evidence that neither the Raja nor his Dewan were imphcated in any plot against our Government. Their conduct was that of noble- minded men, conscious of their own innocence and integrity, and willing to face any accuser. (Cheers.) Little did they dream with whom they had to do. Govind Rao was immediately placed in con- finement. The prison of this man of rank — arrested on the evidence 29 of two worthless sepoys, who have sincL- been proved to have been actuated by a malicious motive, and who upon their own admission are convicted of gross perjury — was an empty powder magazine. From this place Govind Rao was, after the commission, removed to Poonah, from whence, on the recommendation of Colonel Ovans, he was sent under a strong military escort to the distant fortress of Ahmednuggur. I will read you a short extract from the Go- vernment despatch, approving of the proposition of Colonel Ovans, that you may understand the nature of the degrading and infamous duties that are imposed upon English judges in India. All here know what is the high and independent position of a British judge, and what the duties are which he is called to discharge. Now, listen to the extract I am about to read from the letter of the Chief Secretary at Bombay to Colonel Ovans : — " The judge at Ahmednuggur has been further informed that it is not unlikely the friends of Govind Rao, at Satlarah and Poonah, ivill endeavour to communicate with him Oi/ letter, and, at the same time instructed quietly to adopt measures to intercept any communications of this hind, and forward them to Government." Here, then, we seeaBritish judge called upon to play the detesta- ble part of a mean and paltry spy, and to become the quiet inter- ceptor of the letters of a prisoner placed under his charge. Not only is Govind Rao prohibited all intercourse with any person save his own servant, but his letters are way-laid and forwarded to Govern- ment. It is well worthy of notice, that though this wretched system of interception went on throughout the Bombay territory for yearS) the Government never obtained so much as a fragment of in- formation hinting at any plot or conspiracy against the British Go- vernment. I defy the Deputy Chairman and the whole East India Company, with all their myrmidons to boot, to produce one inter- cepted letter that in the most remote degree refers to any treasona- ble design on the part of the Raja or any of his authorised servants. This fact alone is a convincing proof of innocence, when we consider that for years the parties were utterly ignorant of the felonious proceedings of the Government, and employed the public mail as their almost invariable mode of conveyance. Did the Deputy 30 Chairman tell the House of Commons of this hateful practice, and of its utter failure to produce a tittle of evidence against the Raja ? No, he did not. I confess that while I listened to the mass of fic- tions and fabrications which was uttered in the House of Commons, in the presence of persons who, from their ignorance of this subject, were unable to answer them, I felt that I could willingly have given six months of my life to expose the attempt made to delude the Le- gislature and to defeat the ends of justice. (Cheers.) Thus far we have seen that Colonel Ovans assured the Go- vernment that he is doing all in his power to discover the writer of the petition. In his next letter, dated the 7th of July, he says that the removal of Govind Rao has had its effect, and that two per- sons in the confidence of the mother came to him privately by night, on the 5 th ; that after a good deal of conversation, they agreed to bring the mother with them the next night, and that she came ; that the petition was read to her, and that she admitted that its contents were true, but affirmed that she did not know the writer. The " two persons" said to have been with her, whose names are not given, but one of whom turns out to be Sukharam BuUal, her husband's brother, also state that the contents are perfectly true, but that they too, are ignorant of the writer. Such are the contents of the second letter, sent by Colonel Ovans to Bombay. On its receipt by the Governor, Sir Robert Grant, Colonel Ovans is told, in reply, to endeavour to obtain from Girjabaee a written statement. He is also told that he need not put the lady to the trouble to visit him again, but that he can depute some person to her, and that she can send her statement back by that agent. Bear in mind that this lady, Girjabaee, could not write ; and that, therefore, any person might give an unauthorized statement in her name. Nothing but a per- sonal interview, and the verbal attestation of the lady, could authen- ticate a document purporting to come from her. The Governor also directs, that a similar statement should be taken from the two persons who accompanied her in her visit to Colonel Ovans. In the same despatch, Colonel Ovans is told to find out the writer, and to get a deposition from him. Colonel Ovans, in his next letter, dated July 21st, says, that since the date of his former letter, of the 7tb, he haa been in constant communication with " the two per- SI sons," and that the consequence has been, that one of them, Sukha- rara Bullal, has brought him a statement from Girjabaee, in which she acknowledges that she was the author of the petition — that its contents were arranged by Sukharam Bullal, and that the actual writer of it was a man of the name of Mahdeo Fugery. This pre- tended deposition of Girjabaee is in the handwriting of Sukharam Bullal, and bears the name of no other witness. At the same time, Sukharam hands in a statement from himself, in which he confirms the truth of what is ascribed to Girjabaee. Now, turn to page 128 of the printed papers, and you will find another person named as connected with this petition. Sir Robert Grant, in his well-known minute of the 5th of May, 1838, refers to a witness against the Raja, of the name of Vishnoo Kessoo Dewusteley. This man is the brother of Girjabaee, and consequently the maternal uncle of Govind Rao. At the time we are now adverting to, he was living under the roof of Girjabaee, in Sattara. " This man," says the Gover- nor, writing in 1838, upon the information supplied by Colonel Ovans up to that time, " was one of the advisers of the petition of Girjabaee ;" and in the same minute he states, that the history of Girjabaee's petition will be found in the letters of Colonel Ovans, dated July 7th and 21st, and August 12th, 1837. Let us proceed. Having obtained the two documents written by Sukharam Bullal, Colonel Ovans writes to say, that the evidence is now all but com- plete — that the petition of Girjabaee may be taken as Govind Rao's own confession, and it now becomes important to discover whether he may be disposed to confirm it. He therefore proposes to send a confidential person to Ahmednuggur, to confer with Govind Rao, and asks the Government to give orders to the judge to attend to any communication which he (Ovans) may make upon this point. Fol- lowing this letter to Bombay, we find the Governor, Sir Robert Grant, writing a minute in reference to it, (July 24, page 84,) in which he says:— > " / see no reason to doubt the truth of the history now given hy the uncle and mother of Govind Rao of the ■petition forwarded to Government in the name of the former. It is, however, I conceive, of the Jirst importance that the writer of the letter, named ' Mahdeo Fugery,' should be examined, 32 and Colonel Ovans should be vetiuested to endeavour to procuic; liis fr. Weeding, got up and told the Court I was telling them a fairy tale. That is what he said. Mr. Weeding. — Sir, I stated another thing also ; I said I could tell the gentleman a still more marvellous tale, that of a man who had been convicted of murder, and hanged for the crime, and thai the man supposed to be dead had afterwards a})pearcd. 92 Mr. Geouge Thompson. — 1 thank you for that. Let the Raja have the benefit of the fact. Major Oliphant (a Director.) — This question of the Raja of Sattara has several times recently been brought before this Court. On the occasions I refer to, I have treated it judicially, and have abstained from voting, for the reason that it had already been dis- posed of by this tribunal — such as it is. Having so acted previous to this discussion, I should not have deemed it consistent to have taken a part in the present debate, had there not been brought be- fore us, new and important matter — matter with which I think I am fairly entitled to deal, and am in duty called upon to consider. I have taken all possible pains to sift to the very bottom the statement of Krushnajee Sudasew Bhidey. There is much in what has fallen from the gentlemen who have spoken first and second iu this de- bate, which, if it were necessary, I could go over and fully corro- borate. Indeed, with one trifling exception, namely, that Girjabaee did not speak to Krushnajee, (it being in evidence that she did say a few words,) I am ready, from my examination of these papers, to attest the accuracy of all that these Gentlemen have stated. (Hear, hear.) A word, in the first place, respecting the state of affairs at Bom- bay, at the time this, so called, petition of Girjabaee was got up. The printed papers prove, that, down to the 4th of February, 1837, the Council of Bombay had been unable to make anything of the case against the Raja. As to punishment, I will read you an ex- tract from the Minutes of one of the Councils, showing the extent to which the members of the Government thought they could go in that respect. " 1 concur in all respects (says Mr. Parish) in the conclusiun come to, that the transfer of the Akulkote Raja from his connexion with the Raja of Sattara, to a connexion with the British Government, together with the proposed modification of the office of Resident at Sattara, would be a sufficient punishment fo)- the past, and be best suited to operate as a warn- ing to him (the Raja) for the future." Such was the view of the Government on the 4th of February, 1837. On the 6th of March following, the petition of Girjabaee 93 arrived at Bombay, and thereupon new measures were immediately contemplated. Now, it is a very curious fact, and I beg the atten- tion of the Court to it, that it was not until the former evidence had been found to be insufficient to effect the Raja's ruin ; — it was not until the case was about to be brought to an end, in the way we have seen, that anything was heard respecting Girjabaee or her petition. It is of great importance that we should take the trouble to look attentively at the various dates connected with this myste- rious affair. The petition is dated the 13th of the previous Decem- ber ; but it does not arrive at the Presidency until the 6th of March, an interval of more than three months ! I conclude, from this, that it was considered necessary to antedate the petition, that it might appear to be written about the time that Govind Rao was placed in confinement at Poonah. It is very desirable to discover, if possible, at what precise time it was, that Govind Rao was actually sent from Sattara to Poonah. I have searched diligently for information on this point, but the only assistance I have been able to obtain, in determining the period of his removal, is from a minute, recorded by the Governor, on the 3rd of December, 1836, ten days prior to the date of the petition — in which he says : — " Concurring, as I do, with the Commissioners in their suggestions re- garding the disposal of the prisoners, 1 think Govind Row, and the Brahmin Untajee, should be removed without delay to Poona/i, and be there confined as state prisoners, under the usual irarrants, pending the receipt of the instructions of the Governnunt of India." Such are the words of the Governor's minute, recorded on the 3rd of December. Now, before the opinion of Sir R. Grant, here re- corded, could be regularly acted upon, it would be necessary that all the usual forms of Government proceedings should be gone through, and then, finally, that there should be a letter, with the proper warrant, sent to the Resident at Sattara, and then would come the removal of Govind Rao to Poonah. Hence, some time must inevitably elapse, between the working of the order, and the execu- tion of it at Sattara. Let these things be kept in mind, for they are of very considerable moment in this examination. There may have been a much greater delay than that which was absolutely necessary for the 94 due observance of the required official forms; but, as I liavf already said , there is nothing but this minute of the 3rd of December to guide me, and I shall take nothing for granted. Now let me draw your special attention to the heading of the petition : — " A Petition of Girjabaee, the mother of Govind llao, now in confinement as a stale prisoner at Poonah, dated 13th of December, 1836." An honourable gentle- man has I'emarked, that " Cunning sometimes overreaches itself, and defeats its own object." I cannot but think that such was the case with the concoctors of this petition. It is just possible, and no more, that Govind Rao was at that time, namely, on the 13th of December, actually a prisoner at Poonah. I cannot say he was not, because I have no evidence on the subject. But, looking a little further into the matter, what do we find ? Why, a circumstantial narrative of what took place during the preparation of the petition. This narrative is furnished by Krushnajee, the " real Simon Pure" — the bo7id fide writer of the petition. This man, describing a conversation between himself and Lukhsmun Punt Shekdar, at Sattara, says : — *' Thus, a conversation having mutually passed, we went to our respective lodg- ings." Mind you, at this time tlie petition had been ivritten, and Krushnajee had, according to his own statement, seen the Baee, who came out to him as he stood in a verandah at the back of a house at Sattara. Who can believe this story? What! a Brahmin lady, of high rank, come out to a Carcoon in a verandah ! Who ever heard of such a thing? The assertion is absolute nonsense. But let that pass. Now mark what follows, and reconcile it, if you can, with the heading of the petition. That heading asserts, that Govind Rao is now, that is, at the .time it was written, on the 13th of December, a state-prisoner at Poonah. Well, after the petition had been written — after the Baee had been seen by Krushnajee — after all arrangements had been made — " Afterwards'' (says Krunshnajee) " I set out and went to the Ks'.ietru (that is, to Punderpore.) Just then a rumour arose about the Rao Sahib (Govind Rao,) being removed to Poonah, but I did not dispatch the Lukhota ; for the affair being a serious one, I consi- dered, and kept it back." Now this is a most extraordinary fact. Thus, at the very outset, the authenticity of the petition is destroyed by the evidence of the man who wrote it ; for he makes the petition say, that Govind Row is, at the time it was wrilte7i,a. prisoner at Poonah, 96 and then lie tells you, lliat aoine lime afler the priition wan /aOii- cated, he heard a rumour that Govind Rao was about to be removed to Poonah. These facts cannot be reasoned away. Here is the peti- tion itself, and here is the deposition of the writer. So much for the truth of the first words of this petition ! Now, sir, if it were neces- sary, I could go through this document, and make it condemn itself. I could prove to you from internal evidence, that it is utterly worthless, in whatever point of view you regard it. I could prove that the whole was a barefaced and wicked plot; but this would lead me to travel over the ground which has been gone over by the gentleman who has moved the resolutions. I am perfectly satisfied in my own mind, that tliroughout the whole of this affair. Sir Robert Grant was deceived. Tiiat distinguished man, I believe, meant well, but he was deluded — de- luded by the cunning artifices of others. As for the appearances of Girja- baee, they were, I believe, purely fictitious; and as for Malideo Fugery, the pretended writer of the petition, there was no suth person. Sir Robert Grant saw the necessity of having this man produced ; but how could that be done, when he had no real existence ? At last, how- ever, it was thought that the mind of the Governor had been satisfied, and so the parties who had got up the thing became content ; thinking, that there would be no more inquiry respecting the imaginary writer, Mahdeo Fugery. The repeated statements of Colonel Ovans, had, indeed, succeeded in bringing the Governor to the opinion, that the history of the petition given by Sukharam Bullal, was correct ; and he believed the story told him, of the writer having gone to a distance in quest of employment. The real writer of the petition, however, when he found that all was going on well — that the petition was taking effect — and that suspicion was lulled — said to himself, " It is true. I am a rogue in this affair, but 1 may as well have my reward for the work I have done ;" so out he came, and boldly asked for his money. But from whom did he ask it? — From Girjabaee, as has been stated ? Nothing of the kind. He considered he had served the Government, and to the Government he looked for his reward ; and he was rigiit. Thus it was, that, as I have said, "The real Simon Pure," came upon the stage. And now, sir, I must take leave to occupy your time for a few moments, while I advert to the extraordinary desire shown by the Government to be made acquainted with the real writer of this 96 petition, and to tlie conduct of Colonel Ovans in this affair. Over and over again had the Bombay Government written to Colonel Ovans, directing him to get hold of the writer. The Government felt satisfied that, unless the writer of the petition could be found, the document itself was not worth anything. Now, sir, on the 7th of September, ten days after Colonel Ovans had written to the Government to say that " he had done all inhis power, hut could discoverno trace of the writer" — on that very day he found out, beyond all possibility of doubt, who the writer was. Sir, I deliberately ask, what can justify a servant of Government in not immediately reporting such a circumstance to his superiors ? (Loud cries of " Hear, hear, hear.") What reason can any honourable gentleman assign for such conduct ? (Hear, hear.) I do not seek to bring a charge; but, standing here in the capacity of a Director of the East India Company, I think I have a fair right, and that it is my duty, to put these questions. (Hear, hear.) For eleven months, sir, as stated by the hon. proprietor, (Mr. Thompson,) was this evidence concealed from the Government — that very Government which had displayed so much anxiety upon the sub- ject ! For eleven months was Colonel Ovans in possession of the knowledge which his Government had repeatedly stated they deemed it of the fir St importance they should obtain. During these eleven months, (as the same hon. proprietor has truly stated,) accusations were made, persons were examined, and reports and minutes were written — all founded upon the petition in question; yet, all that time, the information which Colonel Ovans had obtained was kept back from his Government, though it had been repeatedly demanded. (Hear, hear.) Is not this a most extraordinary circumstance? Can any j ustification be set up for a public servant acting in such a man- ner? Upon this ground, then, in the first instance, I desire informa- tion ; for at present I can find none, and so important a matter ought to be cleared up. Mr. Weeding read tlie Government letter to Colonel Ovans. Major Oliphant. — I will thank the hon. gentleman to be good enough to make his observations at another time. Sir, I am stating what I am but too thoroughly convinced is true. Nothing but the strongest convictions, produced solely by my own investigations, could have led me to make the assertions I have just inade. I have 97 stated facts, and facts alone ; and I consider that they are facts whicli imperatively require investigation. (Hear, hear.) What does Colonel Ovans do on the arrival of Krushnajee, and on the discovery of the real writer of the petition ? He sends to incjuire at the Punderpore post-office whether an urzee was forwarded from thence on a particular day. As the question is put with great precision, the consequence is, that an answer is returned in the affirmative. Here is the reply of the native postmaster : — " An order from the Sahib, under date the 19ih December, 1837, has come thus : Krushnajee Sudasew Bhidey, inhabitant of the said kshetru (sacred place), now at Sattara, sent on the 10th February an urzee to the Mherban Governor, Sahib Bahadoor (the Bombay Government;) thus it is understood by the Surkar. As to this, whether that urzee was sent by pay- ing postage for it, or whether it was sent free, or how it was sent, and on what date ; thus an order has come. As to this, the said person gave a lukhota of urzee to the address of the Mherban Governor Sahib on the 10th February, which was despatched as free on the same date." Here then is an affirmative answer to the question put. But turn to the subsequent examination of this man, and see what he says. He is asked, " Do you recollect receiving the letter addressed to the Governor ? — Yes: I do not recollect the doy, but it was between 10 and 11 o'clock, " From whom did you receive it ? — From a Brahmin, who lives at Pund- erpoor ; I did not knoio his name at the time ; hut vihea I heard from the office at Poonah about the letter, I asked him his name, and he said it was Krushnajee Sudasew Bhidey." In the first instance he had mentioned the man by name, and knew all about him ; but now he neither recollects the day, nor more about the man than that he was a Brahmin. But we will suppose that it was really posted on the 10th of February ; and now I would ask General Briggs, or any other gentleman acquainted with that part of India, whether it be probable that a letter addressed to tlie Ciovernment, and put into the Punderpore post-office on the 10th of February, would be twenty-four days before it arrived at Bombay ; tiiat is to say, would not reach its destination until the 6th of March? (Ileai.) Honourable G 98 gentlemen will draw tlieir own inferences from these facts and dates. I speak for none but myself ; but I am free to confess that a sifting inquiry into these papers has left no doubt upon my mind, that a more infamous plot was never conceived for the purpose of destroying an innocent man, than that which has led to the ruin of the unhappy Raja ofSattara. (Loud cheers.) Now, sir, I have done with the petition. I have given facts and dates ; and if any one who rises to reply to me will only stick to facts and dates too, I am quite sure he will not be able to gainsay what I have advanced. I shall be but too glad if any gentleman will find me out to be wrong. Sir, a word regarding Govind Row. I take up the minute of that highly-respected gentleman, Sir Robert Grant (5 May, 1838, p. 124), in which he alludes to the evidence given by the Dewan, and I find him saying, " 40. Govind Row Dewan (No. 12 of my list) held a confidential office under the Raja of Sattara, and is now a state prisoner at Ahmednuggur, for being deeply implicated in the attempt made to seduce from their alle- giance the soobahdars of the 23rd regiment. He was not, therefore, like all the other witnesses, examined by Lieutenant-colonel Ovans, but hy the Judge of Ahmednuggur. I think it extremely probable that this person has not disclosed all he knows ; but nevertheless he has corroborated several of the circumstances detailed by the other witnesses, ivithout the possibility of commuiiicating with them, or acting in concert." Sir, I object altogether to the conclusion of this paragraph, which I will show you does not state that which is true, inasmuch as special means were employed to obtain from Govind Rao, just such a con- fession as would support the statements in the petition, and the evi- dence given by others. In proof of this, I will read you Mr. Hutt's letter to Government, dated 24 August, 1837 (p. 618). " I have the honour to acknowledge the receipt of your letter, dated the 28th ultimo, and to inform you that, by desire of the Acting Resident at Sattara, Sukaram Bulal, uncle to Govind Rao, the state prisoner now in my charge, has for many days had free access to his nephew; and that I have also, at Sukaram's solicitation, permitted his (Govind Rao's) brother to accompany bim in his visits ; their object has been to induce him to disclose what he kneiv regardiyig the late proceedings of the Sattara court, in which IHF.Y HAVE BEEN SUCCESSFl'L. 99 "2. I had an interview with Govind Rao this morning ; at which, after explaining the circumstances under which he was, as he describes it, reluctantly led to take part in them, he presented me with the ENCLOSED, written, as he assures me, with his own hand, and which I had previously given him the means of preparing. " 4. He (Govind Rao) seems willing to communicate to me all he knows, and I have no doubt of being able to obtain from him any information the Government may DZSX'RZ." From this letter of Mr. Hutt, I find that the confession was obtained by Sukharam BuUal, the confidential agent of Colonel Ovans, and the chief conspirator, who for many days had free access to the pri- soner, with the express object of Inducing him to confirm the truth of what had been stated in the petition ; I find also that the confes- sion, as it was called, was ready prepared for Mr. Hutt, and merely placed in his hands, with an assurance that it was written by Govind Rao ; and when I connect these facts with the previous anxiety of the Government to obtain such a confession (since, without it, the petition was worth nothing), I am at no loss to account for its con- tents, nor for the alleged coincidence of those contents with the evi- dence of the parties in Sattara. (Hear, hear.) I must now call the attention of the Court to another very extra- ordinary document, in the shape of a despatch from the Bombay Government, addressed to Mr. Hutt, the acting session judge at Ahmednugger. This despatch is dated Bombay Castle, September 4, 1837 (p. 619), " 1. I am directed by the Right Honourable the Governor in Council to acknowledge the receipt of your letter with enclosure, dated 24th ultimo, reporting the interviews betwixt the state prisoner, Govind Rao, under your charge with his uncle, Sukharam Bullal, &c., the enclosure being a paper given you by Govind Rao, and stated to be in his own hand-writing, and to communicate to you the following observations and instructions thereon. "2. The Governor in Council fully approves of your proceedings as re- ported in your letter under reply ; the confession of Govind Rao, I am directed to Inform you may be considered important, as far as it goes; but that person has apparently reserved the more complete disclosures which it is in his power to make, until he may have an interview with the Acting Resident at Sattara. G 2 100 " 3. The Governor in Council, however, considers it desirable that a preliminary examination on some oithe leading points elicited by tlw inquiry at Sattara should be conducted by yourself. " 4. I HAVE IT, THEREFORE, IN COMMAND TO DIRECT YOU TO PUT THE FOLLOWING UUESTIONS TO GOVIND RaO, AFTER HAVING INFORMED HIM THAT HIS ONLY CHANCE OF BEING DEALT LENI- ENTLY WITH BY GOVERNMENT IS, FREELY TO DISCLOSE EVERYTHING HE KNOWS RESPECTING THE RaJa's PROCEEDINGS." Gentlemen, I call upon you to weigh calmly and judicially the very singular paper now before you, I am aware that it is no uncom- mon thing to admit what is called " king's evidence," but there is something most extraordinary in the fact of a Government framing a set of leading interrogatories, clearly intimating to the prisoner the kind of answers which are desired — making him, in fact, ac- quainted with the nature of the evidence he is required to support — and then telling him that his " onli/ chance of being leniently dealt with, is to disclose all he knows" — that is, if he wishes to escape perpetual imprisonment, he must answer the questions according to the wishes of those who propound them. (Loud cries of Hear, hear, hear !) Let me give you a sample of these questions, and then ask you if you can at all wonder that the answers tallied with the evidence taken at Sattara ? " State in what room the interview occurred, and who was present on the occasion, and whether the Soobedars were in their usual dress vr in disguise ? " Are you aware of communications having passed betwec7i the liaja and Appa Sahib, the ex-Raja of Nagpoor ; if so, by whom were such com- munications made, and what was their nature and object? " Are you aware that a sword, concealed in a musical instrument (a vena) was sent from Sattara to Appa Sahib, and that presents in return were sent to the Raja, and to other persons residing at Sattara. " Were any letters sent to Appa Sahib from Sattara, or did Appa Sahib write any letters to the Raja, or to any person at Sattara ; if so, what was their purport?" All here must at once perceive that these are leading questions — that they suggest the answers to be given — and that a confession. 101 founded upon such questions, is altogether different from a confes- sion made by a king's evidence, who is told that if he will state all he knows, he will be pardoned. No wonder that Govind Rao con- firmed the evidence taken at Sattara, when the questions put to him at once informed him of the nature of that evidence, and suggested at the same time, the manner in which he should support it. It has been denied that Govind Rao was placed in " strict confine- ment," and that his confession was " extorted." I do not for a moment mean to dispute the accuracy of the representation made by Mr. Hutt, respecting the treatment shown to the prisoner; for Mr. Hutt is a highly respectable and humane man. But, admitting the truth of all he has said, we have the evidence before us, that Go- vind Rao was denied all communication with his friends— that his correspondence was intercepted, and that he was seen only by the person deputed by Colonel Ovans to obtain his confession. Now, with these facts before us, can we wonder that he did what he did ? I, for one, cannot be surprised at anything. The treatment he re- ceived was such, as in the nature of things, would affect his spirits ; and we are told by the Government that he was informed that his "only chance of being leniently dealt with," was to do what he was told to do. Looking at all the circumstances of thecase, I am brought to the conclusion, that the petition ascribed to Girjabaee was a gross forgery, and that the confession of Govind Rao was extorted. I believe the declarations of the lady herself, in which she denies, on oath, having had anything to do with the petition; and I must therefore think that Colonel Ovans and the Bombay authorities were imposed upon. I have thus endeavoured to place before the Court what appears to me to be the most material facts in this case. And .low, sir, in conclusion, allow me to state, that I should not have spoken upon this question to-day, but for the conduct of the Bombay Government. On looking into these printed papers, I find that one of the judicial functionaries of that Government, had for- warded to him in due course, and according to the Regulations, a statement of charges against an influential oflicer in the service of this Company. 1 find that he called upon the accuser to furnish a list of his witnesses, and other evidence in support of those charges, and I find that a list was accordingly sent in. I find, that upon this 102 being done, the judge sent for the accuser, took his deposition, required him to give security for the prosecution of his charges, and bound him, under heavy penalties, to remain within British juris- diction until the inquiry terminated. I find, too, that the person making these charges, was liable, not only to infamy, but to loss of liberty and a prison, in the event of his failing to substantiate his accusations. Throughout these proceedings, the judge I have re- ferred to (Mr. John Warden) appears to have acted in a most regular, a most proper, and a most judicial manner. I find, that after these judicial preliminaries, the case was brought before the Government of Bombay in the usual and regular form ; but, to my astonishment, I find that the inquiry is quashed, by the summary dismissal — by that Government — of the whole case. Standing here, I deem it my duty publicly to avow the opinion, that in adopting this course, the Bombay Government acted most unjustly. (Hear, hear.) Sir, I cannot see how justice in India can be administered, if the proceedings of the judicial tribunals of the country can thus be set aside, because the Government takes a particular view of a question. (Cheers.) Sir, I am as fully aware, as any gentleman here can be, of the difficulties by which this question is beset ; and I am not ignorant of the fact, that what I am now saying may add another difficulty to those which already exist. That I am aware of this, may perhaps add something to the weight of what I say. But, let me say, without professing to foresee what may come of this business — without attempting to anticipate what may hereafter take place — that for myself, I would rather face any difficulty — I would rather incur any penalty, than quietly to sit dovni and allow the Bombay Government to throw aside all justice in the discharge of their duties. (Cheers.) With these feelings, and for the reasons I have stated, I shall certainly support the original resolutions, in con- tradistinction to the amendment which has been moved by the Chair. (The hon. Director sat down, amidst loud cheers.) Mr. Hogg. — No observation made by any honourable member during this debate, shall induce me to go again into the case of the Raja of Sattara. (Hear, hear). An honourable proprietor, for whose opinion I entertain great respect, cheers that sentiment. I do en- tertain respect for the opinion of that honourable gentleman, and fov 103 the opinions of those who have taken up the subject with a diflerent view from myself. I never have, either here or elsewhere, imputed improper motives to any persons who take a view of the case favour- able to the Raja of Sattara. I have conceded to them the free ex- ercise of their judgment, and I must express my regret that a similar course has not been adhered to by the friends of the Raja of Sat- tara. But if I profess respect for the opinion of these honourable members, in numbers very limited Mr. G. Thompson. — No, no ! Mr. Hogg. — Allow me to say, I feel much greater respect for the opinion of the immense majority of this Court of Proprietors, for the great majority of the Court of Directors, for the three several Go- vernors of Bombay, the Governor of India, and all the members of the Supreme Council ; with the exception of Mr. Shakespeare, who died, as the commission terminated, and before the later evidence was adduced. This, I hope, is a satisfactory reason for not re-opening the case. With respect to the observations that I felt it my duty to make in my place in Parliament, I should not have adverted to them here, except to disclaim the expressions which the honourable proprietor who proposed the resolutions was pleased to put into my mouth — expressions and language with which he is so familiar, that they escape from him unconsciously ; — but I beg to tell him, I am not in the habit of polluting my mouth by such expressions as he has imputed to me, nor shall I show disrespect to this Court by at- tempting to reply, as perhaps I should be justified in replying, to the imputations he has cast upon me, and the language he has used. Sir, this Court of Proprietors has been, and may again be, of great importance as regards the East Indies, and I never shall be a party to lessBii its influence with the pvxblic ; but I do say, that if any one individual could pursue a course likely to lessen the just influence of this Court with the public, and to bring it into disrepute, if not con- tempt, it is the course pursued by the honourable proprietor who brought forward these resolutions. He has indulged in language which I have heard with regret, but shall not reply to; he has reiterated again and again, that nothing can be considered as deter- mined or settled, but what happens to be in accordance with liis own views. " Never mind what all the Governors, and 104 all the Members of Council, what the Court of Proprietors, and what the Court of Directors and the Parliament say; treat all, all with contempt. I, Mr. George Thompson, entertain a different opinion. I entertain a different opinion, surrounded by a small knot, and we will control the immense majority of the proper tribunal." An honourable member, Mr. Sullivan, said — "Are mat- ters not to be re-discussed ?" He adverted to two cases : he spoke of the Corn-laws, and I think Parliamentary Reform. Now, I always listen to that gentleman with pleasure, because he argues acutely and speaks ably, and every thing he says is entitled to attention ; for it is never mixed up with vituperation or coarseness : but I ask him, is there any analogy between a decision on evidence on matters of fact, and a discussion of abstract political questions ? Why, the dis- cussion on the Corn-laws in 1830 is one thing, in 1840 it is another, and in 1850 may be another. Circumstances may change, and do change. That which was right in 1820, may be wrong in 1830 ; wrong with reference to its application to existing circumstances ; but, good God ! does that apply to a judicial determination, on evi- dence, before a proper tribunal 1 What is right once, is right^for ever; what is wrong once, is wrong for ever. (Hear, hear! and ironical cheers.) But who is to determine what is right, or what is wrong? Is the honourable proprietor Mr. Thompson and his friends? Mr. Serjeant Gaselee. — The Court of Proprietors are to determine. Mr. Hogg. — Is it you who are to determine, or any one honour- able proprietor, or is it a majur'ity of the properly constituted tri- bunal? Why, everybody has a right to entertain their own opinion, that I admit. Everybody has a riglit to think that the majority are wrong. I do not ask honourable gentlemen to think the decision is right, if they differ from it. I beg pardon for this digression, which I declare I have been unsconsciously drawn into, and I mention it only for the purpose of disclaiming the allegation, that I told Mr. Hume in the House of Commons that his statement was false. I beg to tell the honourable gentleman that I never used such language : if I had, the constitution of that House would very soon have told me where I was, and what I ought to have done, I should have been called to order by the Speaker, as well as by Mr. Hume himself. No, sir, I did no such thing; I told Mr. Hume that many of his 105 statements were inaccurate, and I did say that he had mixed to- gether dates, witnesses, and transactions in a manner so as to prevent those who listened to him from knowing tlie true state of the case, un- less they were familiar with the papers that were laid hefore the House. I am accused of having applied opprobrious epithets to Krushnajee Sudasew Bhidey. It is said I called him " liar," and " scoundrel," and " villain." I beg to deny that I used any such terms. It is true that, in speaking of the contradictory evidence he had given, and the calumnious charge he had brought against an honourable man, / described him as a perjured ivretch, but I did not use the language imputed to me by the hon. proprietor. (Hear, hear, and laughter.) The same gentleman has also taken me to task for what I said in reference to paid agents. One word more, there- fore, on that subject, and for the purpose of explaining what it was that I really did say. Until I heard what the hon. gentleman said to-day, I was under the impression that he received no remunera- tion from the Raja of Sattara, and I declare most solemnly that I was under that impression when I spoke in the House of Commons. I was alluding to a part of Sir James Carnac's letter, in which he talks of the cause of the failure of his attempts to retain the Raja of Sattara on his throne. He ascribes that failure to several causes, and amongst others, to the unhappy confidence which the Raja re- posed in his various agents in India and at home. When reading that part of the letter, I could not help expressing the opinion I entertained, that such agents, whether native or English, in Eng- land or India, were a bane and a curse to the native princes. That was what I said in the House of Commons ; and I believe, in my conscience, that if it had not been for the mischievous influence of such agents, the unfortunate ex-Raja of Sattara would have been at this moment upon his throne. I will now confine myself strictly to the papers before the Court. What are the three new points of this case ? One is, by whom the petition of Girjabaee was written, and whether it was written by her desire or not. Then comes the statement, that the confes- sion of Govind Rao was e-xtorted from him ; and lastly, the charges brought against Col. Ovans and Ballajee Punt Nathoo. I will deal with these points separately, and as concisely as I can. The first is 106 the authenticity of the petition of Girjabaee. My honourable friend, Major Oliphant, wasted a great deal of ingenuity in dates and com- parisons, which would have been of great importance, if the ques- tion before the Court had been, whether such a petition ever had existed or not. All such nice inquiries, and critical disquisitions, are of great importance when you come to ascertain and discuss, whether such petition ever had existence or not. But who doubts that there was a petition in the name of Girjabaee ; and who doubts the fact that this man Krushnajee Sudasew Bhidey wrote it ? Is there anybody who denies that ? The hon. proprietor who brought forward the question will not deny that. There is no doubt that Krushnajee's was the hand that wrote it. He came before Colonel Ovans and stated he wrote it ; and to remove all doubt about the matter, he put his hand into his pocket, and brought out a duplicate. What did he say then ? He said he had been employed by Girjabaee to write that petition — that was his statement. Let us see how he acts up to it. His first petition prays for the intervention of Government to recover 1,250 rupees promised him by Girjabaee for writing that petition. The concluding words are these : — " Being the amount of reward for which Girjabaee had passed a writing." This he says was sought, not from Girjabaee, but from Col. Ovans and Ballajee Punt Nathoo. Why did not my honourable friend make that a little more distinct in his statement ? His impression appears to have been that Krushnajee all along went to Colonel Ovans and Ballajee Punt Nathoo. But it is not at all so ; he says that Girjabaee promised the reward, and passed a writing, and that Ballajee Punt Nathoo promised him the inter- vention of Government. But was the intervention of Government' to be employed, because an officer of Government had undertaken to become responsible for him ? Does this point want any proof? If it does, why look to the Report made by Colonel Ovans. " Go- vernment have nothing to do with the case. If Krushnajee has any claim upon Girjabaee, he must prefer that claim against her in the usual manner;" thereby showing what the purport of the peti- tion, and the order made upon the petition was, " If you have any claim on Girjabaee the Courts are open to you — Government have nothing to say to it." What Krushnajee wanted, was the interven- 107 tion of Government to get the money from Girjabaee. I beg honourable members to bear that in mind, when we come to the interrogatory of whether he has been guilty of perjury, for- gery, or extortion ; because / will demonstrate that he has com- mifted all these crimes. Krushnajee then goes on with a second, tliird, fourth, and fifth petition ; he is told in reply to the third, that the matters have been considered. In those petitions he brings some general charges against Ballajee Punt Nathoo, though not the specific ones now under discussion. He is told that the Government have considered the matter, and that any further petition would not be received. He sent a great number of petitions ; and as the honourable proprietor has told you, the last four or five of them were returned unopened. "That will not do," he says, "the Government have found me out, I have reiterated these petitions again and again, and there is no use in wasting my labour, my pens, and my ink, and my paper; I will therefore try another expe- riment, I will go off to Mr. Warden, the Agent for the Sirdars, and endeavour to entrap him. Well, he goes off to Mr. Warden. In the petition he presented to Mr. Warden, in October, 1843, he reiterates his statement of the petition having been written at the dictation, and by the desire of Girjabaee. What is the statement now ? What is the whole case as regards this petition ? I am astonished at the advocates which this Krushnajee finds. It is quite a new complexion in the case. When these papers first started into existence, you attached great importance to this petition of Girja- baee, and said, " Why this fellow Krushnajee comes forward to confess a forgery, and he is one of your own witnesses." That is the purport of Mr. Hmne's letter to my honourable friend, Mr. Shepherd, who sits on my right hand ; while at the very same time, I find the other statement from Girjabaee declaring that she never was a party to the transaction ; therefore, that the petition from the beginning to the end was a forgery of Krushnajee ; so that the fact now before the Court is this — Krushnajee comes and says, " Why, true it is, I went to Colonel Ovans and told him that I wrote this by the desire of Girjabaee, and that Girjabaee promised me 1250 rupees. True it is, that I year after year, down to October, 1 843, endeavoured to extort from her the 1250 rupees, but it was all a lie 108 from beginning to end, there was not a word of truth in the state- ment." Mr. George Thompson, — Quote the words, for I deny their existence. Mr. Hogg. — " I forged the petition, at the suggestion of Ballajee Punt Nathoo." Mr. George Thompson. — I deny that Krushnajee ever said what you are pretending to quote. As I cannot prove a negative, the onus j>rohandi lies upon you to bring forward the proof. I put it to you, as a lawyer, whether you ought not to give us the refer- ence to what you are now alleging 1 Mr. Hogg. — I do not object to the honourable gentleman put- ting the question. I do not mean to say that this concludes the matter, but just to show that there was no doubt about it, when the papers went out by Mr. Hume's desire, they contained this state- ment. I will give you the summary of the Bombay Government^ In No. 7, it says, "That Krushnajee has avowed himself to be the writer, and declares that he was induced to forge this document for 1250 rupees." Mr. George Thompson. — The papers are here ; if Krushnajee himself has stated what you say, you can, and you ought, as an honest man, to show us where he has stated so. I deny that he has ever made such a statement as you are now attributing to him. Produce his words, I say. Mr. Hogg. — He does not say he forged the papers, but he says he was inveigled by a promise made him, having before stated to Colonel Ovans, that he wrote it by the desire of Girjabaee. The man, it is true, abstains from using the words, " I forged the papers ;" but it was regarded, ex concesso, that he did so. Mr. Hume said, " I give up Krushnajee." I believe the words used by Krushnajee were, "7 was inveigled into writing this by the desire of Ballajee Punt Nathoo, who promised me 1250 rupees." Mr. George Thompson. — Through the agency of Lukshman Punt Shekdar. Mr. Hogg. — Then, if he did not write it by the desire of Girjabaee, why he is still worse. How dare he come forward, and attempt to sue her for liaviiig employed him to write that paper which he now says he never did? 109 Mr, George Thompson. — He never di.l sue her. He was told not to go near her. Read his first petition. Mr. Hogg. — He never did sue her! Why, good God, I have read every word of his first petition. It is very painful to bo constantly interrupted in this manner. Major Oltphant. — I should like to hear the statement of this transaction made correctly, if you will allow me to say so. Mr. Hogg — I beg your pardon. I am in possession of the Court. These are the words of Krushnajee : " Being the amount of the re- ward for which Girjabaee passed a writing." These are his words, I say : " I want 1 250 rupees ; being the reward for writing the peti- tion, for which Girjabaee had passed a writing.'" Now, perhaps my honourable friend can special-plead those words away ; because he does not say it in words as explicit as he perhaps would dictate to him ; but if there is any honourable proprietor who can suppose that a man comes forward and says, " Give me the money for which Girjabaee passed her writing to me," and yet suppose that it is not to be inferred that he wrote the petition by her desire, I have then no more to say. If such is not the case, there is no such thing as in- ference in human nature, nor as conclusions to be drawn from state- ments. Krushnajee now comes forward and avows that he wrote the petition, inveigled by Ballajee Punt Nathoo to do so. I again repeat that these papers demonstrate, in the first place, that there is no doubt that the paper was written by Krushnajee, and written by the desire of Girjabaee. Whether the petition was written by Gir- jabaee or by Ballajee Punt Nathoo, it is of no matter from whom it originated, because it states no evidence ; it only indicates witnesses ; therefore, if it had had no name, if it had dropped from the skies, or if it had sprung from the earth, it does not signify one jot or tittle. Now, I do not attach much importance to the circumstance ; but all these papers which were sent to my friend Captain Shepherd were transmitted after poor Girjabaee died. In April, when these papers were transmitted home, and all these statements got up, and these papers were forged, this wretched Girjabaee was not in the land of the living, to state whether they were or were not authentic. So much for the petition. Now I come to the other important point, which is the statement of Govind Row — important, not so much from 110 what it said, as for corroborating the statement of others. Here we have a man at Ahmednugger, a distance of nearly one hundred miles from Sattara ; and one of the things complained of — mark me ! — ^is the strict manner in which he was confined, and the way everybody was kept from having communication with him. Hence, the moi'e correct that statement of his strict confinement and seclusion, the more impossible was it that he should know what was stated by the other witnesses before the Sattara Commission ; and yet we have the statement of this same Govind Row, made a hundred miles off, WITHOUT THE MEANS of Jcnowing the evidence stated elsewhere, taken BY Mr. Hutt, the magistrate, — a gentleman as unconnected with Sattara affairs as any honourable proprietor who now listens to me ; and yet it is said he knew what had taken place at the Sattara Com- mission. I do state, that the confession of Govind Row is most strong corroborative evidence ; and its strength is felt; and it is be- cause the strength and weight of it is so felt, that the adherents of the Raja of Sattai'a are obliged to set their wits to work (of course, I mean in India, not here) to see how they can get rid of this evidence. " It presses very hard upon us," say they, "what shall we do?" We all know that the adherents of the Raja attach very little regard to the character of any man, civil or military, opposed to them. Every- body implicated in this transaction, whether at home or abroad; every one who has been called upon to give an opinion, and has happened to take a view adverse to the Raja, is vituperated and calumniated by them. Why should poor Mr. Hutt expect to escape? He does not escape. They immediately fasten upon him, and say, " You, Mr. Hutt, (who had no more to say in reference to the Sat- tara affairs than anybody who hears me,) made yourself the base tool of the Bombay Government, in extorting from this man a confession ; making him give that confession for the purpose of saving his own life." Will the honourable proprietor call upon me to read these words? He, Govind Row, states it was extorted from him, and that he considered his life in peril. Mr. George Thompson. — Prove, sir, that I ever in my life brought such a charge against Mr. Hutt as you have said I and others have done. Mr. Hogg. — The words are : "That the depositions which I gave Ill were extorted from me, wliile I was imprisoned in a dark dungeon at Ahmednugger ; that, considering there was no justice with Go- vernment, and that if I did not adhere to what the Sirkar (British Government) wished me to do, I would lose my life, I was therefore forced, in order to preserve my life, to give my statements in writing, according to the instructions of Mr. Hutt." Mr. George Thompson. — Those are the words of Govind Row, and refer to Sunkaram Bulla!. Produce the words you have attributed to us regarding Mr. Ilutt. Mr. Hogg. — And yet my honourable friend, Major Oliphant, says, he will not take the statement of Mr. Hutt. You cannot take the matter by halves. You must take it as a whole, or not at all. If this statement is true, Mr. Hutt has abandoned his public duty, and prostituted his public situation for the basest purposes ; and knowing the particulars, he was perhaps more base than the subordinates, if you could institute a comparison. But, sir, I deny it. I say that a more honourable man does not exist than Mr. Hutt. I will never condescend to call corroborative witnesses to what he says. You have the evidence of everybody connected with the gaol ; but I fling it all overboard. I will read the letter of Mr. Hutt itself, one syllable of which was not read by the honourable proprietor. Mr. George Thompson. — Simply for the reason that I never in my life brought a charge against Mr. Hutt, either in this Court or elsewhere. You are most grossly misleading the Court. Mr. Hogg. — The honourable proprietor said that this confession was extorted from Govind Row. Mr. George Thompson. — Yes, and I showed by whom. By Suk- haram Bullah, who was sixteen days at Ahmednugger. Why not have the manliness to state that fact ? Mr. Hogg. — If Mr. Hutt's letter is true, the confession was voluntary: it could not have been extorted. It was not o«/// volun- tary, but it was, if I may play upon words, VOLUNTEERED. I beg to read to the Court the letter of Mr. Hutt ; and I am bound to do so, after the statement made with regard to Mr. Hutt. He says : — " It was I think about August, during my absence on circuit at Dooliah, for the Sessions, that Govind Row arrived at Ahmednugger. He was, accordingly, received by my assistant, and for the time 112 lodged in the most suitable quarters in the gaol. On my arrival, a few days after, he was, with the consent, if not the express direction of Government, provided with a lodging in a Hindoo house in the town, hired for the purpose. This, doubtless, was less spacious, and afforded fewer conveniences than he had been accustomed to at his house at Sattara ; but it was deficient in nothing essential to com- fort." This, gentlemen, is what has been called "a dark dungeon." Now let us go on to the charge of extortion. " He had with him some one, two, or three of his own dependants, and after a time others were permitted to visit him. (Hear, from Mr. Thompson.) One in particular, came very soon after Govind Row himself arrived (hear, hear) with a letter from Colonel Ovans, (hear, hear, hear,) and he was with him constantly by day, (loud cries of " Hear,") yet did not reside with him. I visited him also myself, frequently ; some- times sitting and conversing with him for a considerable time. He always expressed himself as being perfectly comfortable. Govind Row had not been long under my care, when one day he sent a message to say he particularly wished to see me. I accordingly re- paired to his lodgings. He then, after a brief preliminary discourse, told me that when inquired of at Sattara, he had denied all know- ledge of the matters upon which he was interrogated ; that his duty to his sovereign required it, but that he found he could do him no good by longer persisting in what was false ; that the kind and con- siderate treatment he had experienced had inspired him with con- fidence; and that he was prepared, under certain conditions, to di- vulge the whole of what he knew." Now, gentlemen, this is the man in the " dark dungeon ;" this is the man who, at the peril of his life, had a confession extorted from him ; this is the statement to which you are expected to give credit, and on the faith of which you are called on to review your decision. What says my friend Major Oli- phant ? He dwelt greatly on the interrogatories sent to him. Now, it is a matter to which I attach little importance ; but when a mind acute like his does attach importance — Mr. Serjeant Gaselee. — Hear, hear. Mr. Hogg. — Do not call " Hear," too soon, because I am able to show how utterly worthless that argument is ; for at the time this confession was made, it so happens that the interrogatories had not 113 been sent by Government; so that these interrogatories and in- structions could have had very little weight in the confession : they were not received till after the confession. Mr. Sergeant Gaselee. — Hear, hear. Mr. Hogg. — It may be very well sai-castically to cheer my words. I do not ask you to attach more worth to them than they deserve ; (hear;) but I do ask for quiet and decent attention. I will read the next paragraph, to prove what I have said : — " The answers to the questions, which were afterwards sent me by Government to be put to him, were obtained in the same way; all are in possession of Go- vernment. Govind Row was, I think, several times at my house, and once or twice he came to walk in the garden. He was allowed to take exercise beyond the limits of the town, attended by an escort of the Poonah Auxiliary Horse. In short, my own inclination so fully responded to the wishes of Government in respect to him, that there was nothing I could think of, in an ordinary way tending to alleviate his condition, that could consistently be awarded him, that he had not." This will serve to show nothing was done in a hostile spirit. Mr. Hutt, with a degree of kindness and consideration which is commendable in him, in place of commencing his letter in a spirit of vituperation, says he entertains a good opinion of Govind Row, and after that he writes, " I am really sorry that he is capable of making such a statement." Now, you have heard the charge and the answer. Where is the man prepared to say that that is the sup- pressio veri ? Mr. George Thompson. — I am. t Mr. Hogg. — One charge still remains. If anything could pre- judice the cause of the Rajah of Sattara, and render it hopeless — that cause already sufficiently damaged by his wouhl-be friends — it is the charges now brought forward against Ballajee Punt Nathoo and Colonel Ovans. (Hear, hear.) I am happy to say there was not a single voice in the House of Commons in favour of the charges. Mr. George Thompson. — But there were many in favour of an inquiry into them. Mr. Hogg. — They were spurned there as they were by the Court of Directors, and as they will be to-day by the Court of Proprietors. There was but one gentleman who rose in the House of Commons, 114 who adverted to the charges, and said at the time that he had read the papers, and that gentleman was Sir Edward Colehrook. I say Sir Edward Colehrook was the only man who spoke, and he repu- diated the charge, and, though entertaining an opinion favourable to the cause of the Ex-Raja, he expressed his regret that the charge was brought forward. I ask the honourable proprietor if I am not stating it correctly? Not one single individual who had read the papers supported the charge, except Mr. Hume, who made the mo- tion, and that motion was negatived, and negatived without a di- vision. It is very well to assign reasons for not dividing the House, but at the time the division was about to take place the House was pretty full, for I had the honour of addressing the House nearly at the end of the debate, and I kept that subject to the last; but the honourable member for Montrose knew too well the feeling of the gentlemen who compose the British House of Commons, to venture to submit it to their votes. Sir, these charges were preferred in Bombay. How were they met ? Will the honourable proprietor tell me they were not spurned with contempt by the Bombay Go- vernment ? They were, and I tell him that they deserve to be so spurned. It is very well to say, " Institute an investigation," and to allege that an honest man would ask for investigation, if he knew that he could pass well through the ordeal. It is very easy to bring arguments of that kind; but I contend that the bare institution of an inquiry into charges so false and malicious would be a stigma upon any British officer. (Hear, hear, and ironical cheers.) There would be an end to the civil and military services, and all the high feelings of those services, if a servant of the East India Company, alike remarkable for integrity and zeal, were to be so treated. I say, there would be an end to those services, if a man could be liable to the disgrace of having charges such as these investigated, — charges preferred by whom? Preferred by a man whom I say, according to my interpretation of those papers, stands self-convicted of perjury, extortion, and forgery. That is my construction of those papers. And would the Government of India institute an inquiry (founded on charges proceeding from such a source) into the conduct of a public man, who for thirty-three years had resided in India, and filled the most important posts, discharging his public duties all the 11.5 time with honour to himself and with advantage to the country ? If they would, then away with character; character would go for no- thing ; it would be worse than valueless, if it could not protect a man from inquiry. The only way to meet such charges, is to SPURN AND REJECT THEM WITH INDIGNATION. I am prOud tO bear testimony to the high character of Ballajee Punt Nathoo. My testi- mony, perhaps, is of no value, for I know him not ; I never was in that part of India where he resides, but I speak not from my own experience. There will be some little respect entertained for the judgment of others, and eminent men say that he is an honourable man ? What says Mr. Elphinstone ? and he was a man as little liable to be deceived as any of the astute proprietors who so warmly espouse the cause of the Raja. What is his opinion 1 He expresses himself in language as strong as it can be, in favour of the integrity and intelligence of this man ; of the services which he rendered the British Government; and of the little reward which he received for those services. From the year 1803, I think, for nearly half a cen- tury, that respectable native has been in the service of the British Govei-nment, or in some way connected with the Government. He had the misfortune to give testimony against the Raja, on the Com- mission, and from that day to this, he has been persecuted with charge after charge, each one surpassing the other in falsehood. But, Sir, is there any want of disposition to prefer charges by the adher- ents of the Raja of Sattara ? Are they very scrupulous ? I think not. How came it that these charges against Colonel Ovans were never heard of before? How came it that, till October, 1843, when Krushnajee presented his petition to Mr. Warden, that up to that period, not even when the papers were sent to Captain Shepherd, there was not one word of these charges? Were the charges i-espect- ing acts of recent date ? No. The charges were, that his father-in- law received a pension of 1500 rupees a month; that his father-in- law died, and that the allowance then went to his brother-in-law. So that there was continuity in the charge. But not a word about all this in the papers sent to my friend Captain Shepherd ; no, not a tittle of it. When were these new charges against Ballajee Punt Nathoo preferred? Not till the end of 1843. Those formerly pre- ferred were of a different character ; but the new charges were also H 2 116 of a recent date. Why, the fact is, they had tried every possible way to resuscitate this departed case ; they found that they were, through- out, baffled by the talent, ability, and integrity of Colonel Ovans, and they were determined, if possible, to get rid of the whole case, by throwing, if they could, a stigma on the character of these two distinguished individuals — the one, perhaps, who had originated the case, Ballajee Punt Nathoo, and the other who had conducted it through. What is the character of Ballajee Punt Nathoo, as given on the Commission, by some of the adherents of the Raja himself? I will give j'ou the best evidence about Ballajee Punt Nathoo, be- cause his character is material. He was produced before the Com- mission, and his name was suppressed. Was that suspicious ? It was suspicious. Did Mr. Willoughby and Colonel Ovans satisfy themselves with examining this witness anonymously? They did no such thing. They said, " Who is this person without a name ? We do not understand this kind of evidence." They interrogated Colonel Lodwick upon oath. He stated that he was a man of the greatest respectability, that he had always been in communication with him, and that he had received from him the most material as- sistance, and that many points of his duty, since he came to the residency, could not have been managed, if it had not been for him. Sir, I have spoken of the character of the civil and military ser- vants of the East India Companj^, and I hope it will be felt to be the duty of the Court of Directors to maintain that character ; and I trust the ■'^yourt of Proprietors will ever do the same. Visit every dereliction of duty as severely as you please ; search every charge that is worth being inquired into ; punish your servants, when they are detected : but, when a man who has been engaged with honour and integrity for thirty-three years, is attempted to be im- peached by a wretch like Krushnajee, come forward boldly, and pro- tect him. Repudiate, with contempt, the charges ; or, I tell you, you do not deserve to maintain your present position. (Cheers.) Major Oliphant. — I do not know whether the honourable gentle- man alluded to me in the remarks which he made with respect to Mr. Hutt. If he did, I beg to tell him that I never said a word against that gentleman ; on the contrary, I stated, that whatever Mr. Hutt did, was under the orders of Government. But I will just mention 117 one thing in reference to the confession given by Govind Row to Mr. Hutt. I am quite aware that it was given before the Government order of September arrived, but all that he said in his confession was, as the Governor, Sir R. Grant said, not worth anything. It was not till the Government sent the string of interrogatories, that they got anything that was of importance ; therefore, what I said before is exactly to the point, that they never could have got the evidence they wanted but for the interrogatories put to the prisoner, by order of the Bombay Government. Mr. Hogg. — I must really rise to order, or claim the right of making another speech. An explanation is this — if I have miscon- ceived what my opponent has said, he is at liberty to correct the error; he has a right to get up and state the fact. But if he does more, we may have rebutter and sur-rebutter, rejoinder and sur- rejoinder for ever, and there would be no end to the discussion. I must object to anything except a simple explanation. Major Oliphant. — I beg your pardon. I was strictly speaking in explanation of what I stated in regard to the first confession of Govind Row, taken in the month of August. That which the honourable gentleman asserted on the subject was not correct. The Chairman. — You may correct what you consider an error. Major Oliphant. — My honourable friend, Mr. Hogg, has no right now to claim to open his mouth, or to read a line in answer to any- thing that falls from me in explanation of what I myself said — that is the rule in all assemblies. Mr. Serjeant Gaselee. — Major Oliphant is quite justified in the course he has taken. Mr. Hogg. — A man may get up and bring forward the whole of the Sattara question under the pretence of an explanation. Mr. Serjeant Gaselee. — If you have made a mis-statement the honourable gentleman has a right to correct it. Mr. Hogg. — You have no right to give anything in explanation except it is relevant to the reply. I distinctly said that interroga- tories did not arrive till after the confession. You do not dispute the correctness of that. Major Oliphant. — The interrogatories had not arrived when the first confession was made. The second confession, which was the 118 only one to the point, was not given to Mr. Hutt until after the in- terrogatories were forwarded. (Hear.) That is the important fact which I wish to establish. (Hear, hear.) Major-General Robertson. — The first question is, with regard to Colonel Ovans. I perfectly agree with all that the honourable Deputy has said of the character of that gentleman, and am per- fectly willing to admit that he is a good man, and everything else which has been said of him. I have known him for many years. We have been associated together in duty in India, and a more honourable man, as far as my knowledge goes, does not exist. Moreover, connecting with the charge the motive which Krushnajee pleads for having made it, I am disposed to attach no credit to it whatever. Krushnajee, in his own statement, says, that it was re- sentment which actuated him ; re sentment, because his petitions had not been attended to. His statement to this effect is in page eleven of these papers. " Ballajee Punt Nathoo thus practised with me a shameful act of perfidy, and on that, I presented a petition to the Bombay Government ; but the answer to which was, by reason of a league between the resident and the native, that the petition was not to be taken into consideration. In consequence of this answer, I then, out of resentment, proceeded to Poonah, and presented a petition to the Honourable the Governor at Dapoorie, reflecting on the intrigues of the Nathoo, the enormous bribes that he had secretly managed to procure for himself, and his different machinations." He does not here mention Colonel Ovans's name ; but no doubt he was actuated as much against Colonel Ovans as against Ballajee Punt Nathoo. I must say, that so far as Colonel Ovans is concerned, there appears no ground for inquiry. But while I feel thus per- suaded with regard to him, I think there is great reason why the Raja should have justice done to him. As for the petition attributed to Girjabaee, why, it is to me no matter of consequence whether it was fabricated or not, as far as Krushnajee is concerned. Mr. Hogg. — Hear, hear. Major-General Robertson. — But I say, that the petition itself is of great consequence in the case of the Raja, and the mode of its being got up is of great consequence, because it furnishes a test of the spirit and motives of the Government. (Heai-.) The conspira- 119 tors, defeated by the result of the inquisition — I should say secret inquisition, or rather the Star-chamber jjrocess that was instituted in the case of the charges of corrupting the Sepoys, brought against the Raja — I say when the conspirators saw that these charges had failed to reach the Raja, they resolved upon another plot, actuated solely by Brahm'mical hatred. (Hear, hear.) Much has been said in favour of Ballajee Punt Nathoo ; but still it should be borne in mind, that he was a most inveterate Brahmin, and that a spirit of hatred actuated him, and all the rest of his class, against the Raja ; and excited in them a strong desire for his dethronement. Finding nothing was to be got by this first foul conspiracy, except by perjury and intriguing with regard to the evidence, they set their wits to work, and they got up this petition. How it was done I do not care ; whether it was fabricated or not, is a matter of no conse- quence. That it was got up, nobody can deny. There it is. It was sent to Government, who seized upon it, feeling at the time that their characters were deeply implicated by the failure of the inqui- sition, and they were anxious to carry out the case. I will say, with respect to Sir Robert Grant, that he was anxious to get a case against the Raja; and he said, when the petiton arrived, " This is a God-send." He kept it in his own desk, is stated, for a period of three months, until he removed Colonel Lodwick, and got Colonel Ovans to go up to Sattara, He would not trust Colonel Lodwick. He gave it to Colonel Ovans, with instructions to investigate most strictly into the Avhole history of the transaction. "What does Colonel Ovans do ? He makes overtures to Girjabaee. First of all, how- ever, she makes, we are told, overtures to him. She wishes to pre- sent a petition to Government in behalf of her son. She sends her confidential agent to him. I am speaking from memory ; it is a long time since I read these papers. Colonel Ovans wishes to see Girjabaee. Girjabaee goes to him — she is asked about the peti- tion, and she denies it. Colonel Ovans says, " Government has heard of your unfortunate position, and they regret it;" and he spoke to her in a manner which led her to see the pardon of her son in the vista. Mr. Lewis. — The matter which the gallant General is about to enter upon is very material and important, and the proprietors arc 120 now very much exhausted, will you therefore have the kindness, sir, to move an adjournment? The Chairman. — I do not think it necessary; gentlemen cannot be taken from their business another day. Major-Gen. Robertson. — Girgabaee, I have said, saw the pardon of her son in the vista, and, luider this feeling, she made an acknow- ledgment that what was written in the petition was true, though she did not know it. Secrecy was promised to her. She states in her own petition, that it was with the understanding that the matter was to remain secret, that she made the confession. Here is a proof of the baneful effects of secrecy. This was also shown in the evidence of Ballajee Punt Nathoo — he, too, was told that his evidence should not be promulgated; and in consequence of that, not only did he give evidence which was not pertinent to the ^subject in hand, but, un- der cover of concealment, he stated that which was not correct. Now much has been said about Govind Row, and his statement as to the proceedings at Sattara ; but I must request you to recollect, that Suckharam Bullal was sent from Sattara fully instructed as to all the particulars to which Govind Row was to make confession. (Hear, hear.) There is no doubt about that, and that simple fact will ac- count for the answers which are given. (Hear, hear.) The honour- able Deputy-Chairman has told you that this is a judicial question, and not one of those matters which are to be agitated from time to time ; that it does not involve a political principle, like the question of the Corn-Laws, which may be one thing to-day, and another thing to-morrow. But, what has there been in the manner of con- ducting these proceedinx/s of a judicial character ? Is it a judicial proceeding to try a man with closed doors, upon evidence taken in secret ? Is it a judicial proceeding to condemn a man on perjured testimony, without giving him an opportunity of seeing and re- butting it? (Hear, hear.) I ask the honourable Deputy-Chairman, who, from his profession, must know whether such a mode of pro- ceeding is correct or not, whether if, in any case in which he had been an Advocate, he would have called such a secret investigation A FAIR TRIAL for Ms cUcnt ? Would he have consented to the re- ception of evidence taken in prison ? Would he have been satisfied had his client merely been called in, after all the evidence had been 121 taken, and had had two long depositions only read to him, and those not in his own language ? What would he have said, had his client been promised a copy of the depositions, and then that promise had been broken, under the plea that the inquisition was a secret com- mission ? Can he say that such a proceeding as this is a trial, or has it any thing _;Mr7icia/ about it? I say there has been nothing judicial in any of the proceedings throughout this case. It is a case in which the most flagrant injustice has been done ; in which all judicial rules have been set at defiance ; and it ought to be discussed and urged over and over again, until full justice is done. I will not trouble the Court with any further remarks. (Loud cheers.) Mr. George Thompson. — I do hope, sir, we shall now have an adjournment. I am sure honourable proprietors feel, like myself, quite exhausted. Tlie Chairman. — It would be very inconvenient to bring gentle- men here again another day. I hope Mr. Lewis will at once pro- ceed with his speech. (Cries of "No, no I — Adjourn.") Mr. Sergeant Gaselee. — Sir, I shall move an adjournment, and divide upon the question. Mr. Hogg. — I am sure every attention will be paid to Mr. Lewis, if he will proceed. Mr. Lewis. — I am too much exhausted, and so are other honour- able proprietors, to proceed at this time of da}'. Mr. George Thompson. — Sir, there are several gentlemen upon this side who are anxious to speak ; and it is impossible that they should have time to do so, as they desire, to-day. If therefore you do not consent to an adjournment, I shall feel it to be my duty to con- tinue moving that this House adjourn, until you do adjourn. I will again never consent to the gross injustice of Directors dictating to proprietors, whether they shall or shall not adjourn. The Chairman. — All proprietors that are not qualified to vote, will please to retire. Mr. Clark. — Sir, in a question like the present, involving matters of so much importance, it is not fair that you should extinguish the speeches which gentlemen wish to make. Is it not better to give every gentleman an opportunity of expressing his sentiments, and after that has been fairly done, to go to a division ! Really, in a matter of this deep importance, upon which half a dozen other gen- 122 tlemen intend to speak, there should he no indisposition among the Directors to an adjournment. We have a question hefore us, in- volving the great principle of moral justice. The Chairman. — The time of public men and private gentlemen is really so important, that I cannot consent to an adjournment. Mr. George Thompson, — Then, sir, as I stated before, I shall continue to move the adjournment until it is carried, if I stay here till to-morrow morning. Mr, Lewis. — I really think, sir, on a question of this great im- portance, you should not act the ungracious part of refusing an ad- journment. I am myself very much exhausted, and labouring under some indisposition. Mr. PoYNDER. — I do not appeal on my own behalf, sir, for I have already spoken, and am therefore not entitled to speak again ; but I think that, as a matter of generosity and courtesy, if not of common justice, you ought at once to consent to an adjournment. I hope, vyith the example before you, of that long, long night wh ich you once experienced, (hear and laughter,) that you will not refuse to grant the adjournment. The Chairman, (after consulting with the Directors.) — We will adjourn till ten o'clock to-morrow. (Loud cheers followed this announcement.) ADJOURNED DEBATE. SATURDAY, August 23rd. Mr. Lewis, — Sir, when about two years ago, a discussion took place in this Court on the Sattara case, and the Court decided upon rejecting the motion for inquiry tlien proposed, on the ground that it was inexpedient to re-open the question, I determined, in deference to the opinion of the majority, although that opinion was opposed, in my judgment, to the first principles of justice, not to open my lips again upon the case, unless new facts and fresh disclosures rendered a renewed appeal to the Court necessary. That resolution may have been formed in error. I find no fault with those who think this question ought to be 123 again and again discussed, whether fresh disclosures are made or not : that is their view of the case, and they are as much entitled to act upon it, as I am to act upon my own. Sir, I have read the papers recently printed by Parliament and now before the Court, and they are my jus- tification for again appearing before you, for I find in these papers a statement of new focts having a most material bearing upon the Sattara case. Facts and disclosures so important, that in my humble judg- ment, the question, whether the Raja of Sattara should be put on liis defence, is no longer a question of expediency, but a matter of absolute right and of urgent and imperative necessity. It appears to me tliat we cannot evade this necessity, or shrink from what is now demanded of us, without fixing upon the character of the British Government, and upon thi3 body, a deep and eternal stigma. Sir, if the new facts and fresh disclosures to which I have adverted are to be found in these papers, I beg to say, that I wish to confine myself, as the Deputy- Chairman has done (though in a different way) solely and exclusively to those papers. These facts and disclosures consist : first, of a state- ment made recently by a witness named Krushnajee Sadasew Bhidey, referring to the authorship of a petition said to be authorized by Gir- jabaee ; secondly, a statement regarding the seals of the Raja of Sattara ; and lastly, a statement alleging the personation of a pretended witness, called Vishnoo Kessoo Dewusteley, and the fabrication of evidence in his name. Sir, the honourable Deputy-Chairman, I think, omitted the two latter circumstances. I believe he confined himself to the declaration of Govind Row, and to the charges made against Colonel Ovans. I confess, I think, those two points upon which he has so copiously treated, are, in comparison to the others, of minor importance. Sir, as to the statement now made by ti»e witness Krush- najee, in order to understand the testimony he now gives, we must consider the evidence, and so far I am obliged to enter on previous matter. We must review the evidence which Colonel Ovans took, in order to authenticate that petition, and the orders which he received from the Bombay Government. We must observe closely the means he took, and the evidence he adduced, independent altogether, for the present, of the subsequent testimony of Krushnajee. We all know, that upon the 6ih of March, 1836, a petition, purporting to emanate from Girjabaee, was received by the Bombay Government. Upon 124 this, and the consideration of its contents, rest the many charges con- tained in it. I think the honourable Deputy rather underrated the importance of the fact, when he said that the authorship of the petition was not material, as it contained nothing but an index to the parties who could give evidence, or who were implicated in the alleged plot. If he looks again, he will find a memorandum attached to that petition, containing the most explicit charges of conspiracy. The petition itself deals in general charges ; the memorandum annexed to it states much more particularly those charges. When the Bombay Government saw that petition, and considered its contents, it struck them that it was their necessary duty to authenticate it. They felt they would not be justified in proceeding with any inquiry until they had the true history of the document before them, and had ascertained with certainty the source from whence it emanated. With these views, they sent an order to Colonel Ovans to obtain the necessary information. Now, sir, what is the course that was pursued by that officer to effect this object ? There was a rumour at the time that Govind Row, who was then in prison, in consequence of the proceedings of the Commission held at Sattara, would be speedily released. Colonel Ovans conceived that the explanation which this rumour might excite, would be an obstacle in the way of obtaining the information that he required for the authentication of the petition. What then did he do ? He immedi- ately dispatched Govind Row to Ahmednuggur, under a guard, with directions that he should be placed in strict confinement there; that he should be only attended by one servant, and that all other intercourse with him should, for the present, be prohibited. It is stated that this measure was adopted for the purpose of showing that the rumour of Govind Row's return was without foundation ; and this being felt, that his mother and his other friends might be thereby in- duced to come forward, and disclose all they knew, as the only means of assisting him. When it was intimated to Girjabaee that her son had been removed to stricter confinement, she appeared at the Residency in the greatest possible distress at what had been done, and petitioned for the release of her son. Colonel Ovans professed to sympathize with her, and told her that he was directed by Government to inquire into her case. It is a singular circumstance that he was directed by Government to inquire into her distiress. I conceive the real object he 125 had in view, was artfully to allude to the framing of a petition. What was her reply ? " I know nothing of tiny petition." — " Slie did not know of any such document, though one might have been written." She then denied that she had written it, or was acquainted with the writer ; and the two persons who attended her, also denied the fact. This, therefore, did not answer the purpose of Colonel Ovans, of obtain- ing the information he wanted. What was the next thing done ? Colonel Ovans states it himself, in his letter of the 2tst of July, 1837 — in the first paragraph of which he says: — "I had the honour to report in my letter to your address of the 7th instant, the result of my first interview with Girjabaee, the mother of Govind Row Dewan, and since that time I have been in constant communication with her, through the medium of the two friends alluded to in that communica- tion. I directed them to inform her, that until all the circumstances con- nected with her petition were clearly understood, that it would be impossible to take Govind Row's situation into consideration." Mark you ! — " and I assured her of the protection of Government, as well as that whatever statement might be made, would at present be kept perfectly secret." Now I ask under such a guarantee as this, amount- ing to entire indemnity and secrecy, what was there that this woman might not have said, and that these attendants might not also have sub- scribed to ? Really this is a most material circumstance. As a natural consequence, the very statement and information that Colonel Ovans wanted, is brought ready cut and dry by Suckharam Bullal. What is that statement? "I employed a person of the name of INlahdeo Fugery to write this lettei-, he wrote it after I had seen the Bhye." He leaves Colonel Ovans to infer that it was written in concert with the Bhye, by this person Mahdeo Fugery, who came there as a visitor, and shortly afterwards left, and went he knew not where. A similar state- ment was handed in, as from Girjabaee herself. This information was forwarded by Colonel Ovans to the Bombay Government. It was regarded by them as satisfactory. Having thus satisfied themselves of the authenticity of this petition — they instituted those proceedings which resulted in the dethronement of the Raja. Those proceedings terminated antecedently, recollect, to August, 1838. Bear in mind, for it is most important, that the material evidence was all taken before that period. Now, mark ! Shortly after the communication 126 was made to the Bombay Government, containing the statement of Suckharam Bullal and Girjabaee, the witness Krushnajee appears at Sattara, and informs Colonel Ovans that he, and not Mahdeo Fugery, was the writer of the petition. His evidence is in the Blue- book, page 1028. He says — that Lukshman Punt Shekdar came to him, and told him that he had a communication to make from Gir- jabaee, that it was a delicate matter, and he must write a petition to the Government. The witness asks, " Of what benefit will my lend- ing myself to this affair be to me ?" He is told that he shall receive five rupees for writing the petition. This satisfies him, and he pre- pares and writes the petition. When the petition is so prepared, and before it is sent to the Bombay Government, he asks what re- ward he shall receive for his services ? He is told by Luckshman Punt Shekdar — " When the Lukhota is forwarded, 250 rupees, and when an inquiry is commenced, 1000 rupees ; out of which half of the amount of rupees will be given, and when the persons whose names are given are imprisoned, and the inquiry has terminated, the other half of the amount of the 1000 rupees will be given." " No sooner had he said so," says the witness, " than I said, — when the persons named by you are about to be taken for inquiry, let me have on account of Sheila and Pagotee (that is for a turban and something else) fifty rupees, and afterwards one hundred rupees on account of each person, — that is, of the twelve persons named in the petition; being 1200 rupees in all." The Shekdar said, "I will communicate your proposal to the Bhye." Having said so, he went, and afterwards he returned, saying he had asked the Bhye, and he said, " the Bhye says, as to the urzee putru (or petition) having reached the Company's Government, an indication will be seen here when the persons who are named begin to be taken (seized), then the amount of reward proposed by you, or that on our part, as men- tioned by you, which are of the same nature, will be ready (become due.) Why is any fresh writing required?" So, that the effect of what the witness says is, that he wrote the petition — that he did so at the dictation of Lukshman Punt, and that Lukshman Punt com- municated to him, and with him, as the agent of Girjabaee, and that he was to receive for the services rendered in this transaction, in all, 1250 rupees. That is shortly the substance of his testimony. Now, 127 sir, before I contrast that testimony with what has since transpired, I think it is necessary to pause, and to consider what really appears to me the most extraordinary, and I must say, the most damning transaction in the whole of this case. You will all remember that this evidence of Krushnajee's, which I have just been reading, was in the possession of Colonel Ovans a fortnight after the other evi- dence had been sent to the Government. From that moment, till all the inquiries had terminated, that evidence was retained in secrecy in the possession of Colonel Ovans, and was never forwarded to the Government that had so anxiously required it. Now, sir, I ask, was it just towards the accused party, that this material testimony, in every respect directly contradictory to that which had been forwarded to Government, should be suppressed? (Hear, hear.) Was it just to the Government of Bombay, who from the first had made the authentication of that petition a matter of the very highest impor- tance? who would not proceed upon that petition at all till they were satisfied upon that point? Was it just, I ask, to that Government, utterly to suppress that testimony, and allow them to adjudicate upon what Colonel Ovans knew to be false ? Was it candid, was it in- genuous, was it honest, on the part of Colonel Ovans thus to act ? Sir, we have seen the importance that the Bombay Government attached to the authenticity of that petition, and very rightly so ; I ask, then, whether, if that testimony which was suppressed had been forwarded by Colonel Ovans, as it ought to have been, shortly after the commission, and antecedent to the imprisonment and examina- tion of witnesses, is it not quite certain — certain to demonstration — that the Bombay Government would have said — " Why this story that has been told us is all falsehood — it is a fabrication from begin- ning to end. Here we have one pei'son stated to be the writer of the petition, and then another. Here it is attributed to Girjabaee, and here to somebody else; — we can do nothing upon such evidence? ' (Hear, hear.) I really do put it to any candid man who hears me, whether these proceedings would not have dropped in limine, if Col. Ovans had honestly and fairly sent that testimony to the Govern- ment? If you think that, and I know not how you can come to any other conclusion, in candour and justice, then, I ask you, as judges in this case, to give the Raja the benefit of these siibsequent disclo- 128 sures. You have now the discovery of this fact, the evidence in support of which is perfectly unanswerable ; indeed, it has not been attempted even to be explained. Let the Raja I say, have the benefit of it. The honourable Deputy-Chairman did not venture to grapple with this damning feature of the case. And why ? because he knew he could not ; and therefore he left it where he found it, and where it still stands. As honest men, give the Raja of Sattara the benefit of this revelation. As honest and independent men, say you will not believe one single portion of testimony which was col- lected under a false impression of the authenticity of that petition. I repeat it, — I look upon this as the most extraordinary, the most convincing, and the most damning circumstance in the whole history of these transactions. Now, sir, I will proceed to contrast the testimony which was given by this person to Colonel Ovans, in September, 1837, with what he has since said in the course of the petitions presented by him against Colonel Ovans, and Ballajee Punt Nathoo. This wit- ness, Krushnajee, after the inquiries had terminated, and had issued in the dethronement of the Raja, came to Sattara to claim his pro- mised reward. He went, not as the honourable Deputy-Chairman stated, to Girjabaee for the money — that was not the case — (hear, hear) — he applied to Colonel Ovans for it. What he states is this, and upon this point I shall be borne out by the petition, which I shall shortly read — that having in his possession certain papers — and amongst others two letters purporting to be from Girjabaee, which promised him a reward of 1250 rupees — he gave these, with other documents, to Abba Josee, who gave them to Ballajee Punt Nathoo, and through him they came into Colonel Ovans's possession. The evidence on this point is perfectly clear. All the letters, and other documents, in the possession of this man, were obtained by Colonel Ovans through that medium. That has not been, and cannot be denied. (Hear, hear.) Ballajee Punt Nathoo, on re- ceiving these letters, entered into a guarantee to this person, and pledged himself to the payment of 1250 rupees. That is what this witness says, and I think the conduct of Ballajee Punt Nathoo will pretty well make out what he states. Allow me just to call your attention to the petition itself, from which it is perfectly clear that 120 he went, not to Girjabaee, but to Ballajee Punt Nathoo for his re- ward, lam sure the honourable Deputy- Chairman did not wil- fully misrepresent the case, but he certainly did not state the fact correctly. Mr. Hogg. — I think the words in the petition are, " that she passed a writing" — "that she made herself responsible in some way." Mr. Lewis. — Yes, it is in the first petition in these papers — the petition of the 2-2nd of December, 1842, p. 15. He says, " I beg to represent, that as Govind Rao Dewan was put into custody on account of the political proceedings of the ex-Raja of Sattara, his mother, Girjabaee, widow of Wittal Ballal jSIahajunee, sent Lulmh- man Punt Shekdar to me, and caused a representation of her cir- cumstances to be laid, through me, before the Government; in consequence of which, (that is, after I came to Sattara again,) x\bba Josee took me to Ballajee Punt Nathoo. Nathoo having looked over the papers of Girjabaee's case, which were in my possession, said that they would be useful to the Resident ; that I should give them to him (Nathoo) to be made over to the Sahib ; that I should furnish a statement in writing, of what might have been done through me ; that the Sahib would then be pleased with me ; that I would receive the amount of the reward for which Girjabaee had passed a writing to me, (namely, the letter sent to him at Punder- pore by Lukshman Punt Shekdar,) and that such an arrangement as I would wish would be made. Having made such promises, Nathoo took the papers from me, and gave them to the Resident ; to whom he afterwards introduced me, when I furnished to him (the Resident) a written statement of what had taken place, which proved satisfactory to him. Subsequently, Nathoo, having given me fifty rupees on account of the reward of 12jO rupees, stated in the Bhye's writing, took a receipt from me in the name of the Resi- dent, and intimated to me, that the payment of the fifty rupees must be an acknowledgment (on the part of the Resident) of the obliga- tion to pay the remaining 1'200 rupees, which would be paid to me on the conclusion of the investigation." Thus, sir, the petition at once demonstrates, that Krushnajee never sought, or asked, for the interference of Government to obtain money from Girjabaee, which 130 is a great mistake of the Deputy- Chairman, in reference to this ease. The prayer of the petition is this : he says, " I therefore ear- nestly entreat, that the Resident may be directed not to pay atten- tion to their misrepresentations, but to view my case with an indul- gent eye, and to require Josee and Nathoo to cause 1100 rupees to be paid to me, and to obtain the grant of a pension to me from Government, and to protect me." In a subsequent petition, on p. 19, I find the same statement, and a prayer is to the same effect. I say then, this witness, from the very beginning, and throughout, came for his reward, as is evident from these papers, to Ballajee Punt Nathoo and Colonel Ovans. "What did Ballajee Punt do ? He paid him one hundred rupees — that he himself admits — but he would pay him no more. In consequence of this, Krushnajee went to Colonel Ovans ; and, very naturally, for he knew, and every one else was also aware, that Ballajee Punt Nathoo acted as the agent of Colonel Ovans. He knew that what Ballajee Punt Nathoo had undertaken to do. Colonel Ovans was bound to perform. It was the most natural inference that he could draw. He goes therefore to Colonel Ovans, and asks for his reward, and Colonel Ovans refuses to pay it. He then appeals to the Bombay Government. What do they do ? They send the petition to Colonel Ovans for his report. It is in that report, that Colonel Ovans makes it appear (as I think certainly most unfairly and improperly) that what this petitioner sought, was a reward from Girjabaee : and that, as he sought a reward from Girjabaee, the Government ought not to interfere. Let him go, he is told, to the native Courts, and get what remedy he can there. Mr. Weeding. — " Apply to the Raja," he says. Mr. Lewis. — Yes, but Col. Ovans knew very well that it was a mockery to tell this man to apply to the Raja, who was a puppet in his own hands. He knew perfectly well the nature of the pledge that Ballajee Punt Nathoo had given. In the third paragraph of Col. Ovans's report, at page 17, the prayer of this petitioner is stated by Ovans to be, " that the reward due (as he says) to him by Girjabaee, may be paid to him, conformably to her agreement, and that a pension may be granted to him." Let any man read the petition upon which this report is made, and I think he will see at 131 once that it justifies no such statement as that. What further does he say ? "As regards the reward promised to him hy Girjabace I know nothing." Is this the statement of Col. Ovans, the man who took the deposition of Krushnajee ? — (hear, hear) — who had in his possession all the papers which Krushnajee had ? who saw the letter in lSo7, p?-omising the reward of 1,250 rupees ? Is this the man who can now venture solemnly to state to the Government, that he knows nothing about any reward made in the name of Girjabaee ? I was going to say, what credit can be given to any statements made hy such a man ! Mr. Weeding. — Col. Ovans meant to say he was no participator in the promise of the reward. Mr. Lewis. — I beg your pardon ; words are words ; they are not to he explained away in such a manner. I must request that, unless I am really out of order, I may not he interrupted. Mr. Weeding. — I beg pardon. Mr. Lewis. — Such interruptions divert a speaker from his argument, and the case itself is sufficiently intricate. The Chairman. — I beg you will not interfere^ Mr. Weeding. Mr. Weeding. — I will not, sir; I am sorry I have done so already. Mr. Lewis. — "If this petitioner," says Col. Ovans, " has any claim against Girjabaee, he should bring forward that claim in the regular courts of this country, or make a petition to his Highness the Raja of Sattara." A recommendation, founded on the assump- tion of a fact, which, Col. Ovans knew, if he had read that petition, was not true. He must have known it was utterly false. The petition asserts no claim on Girjabaee whatever. What is the answer of the Bombay Government ? Why, of course, they echo, as they always do, the language of Col. Ovans. They have no dis- cretion, poor creatures ! they are bound hand and foot by whatever Col. Ovans says. They tell the petitioner that they cannot interfere in this matter, that he must go to the Courts, and establish his claim as well as he can. What was the consequence of this? Disap- pointed of his reward from the parties from whom he had a right to expect it, and mortified at the treatment he had received, and having the means of criminating the conduct of Col. Ovans and I 2 132 Ballajee Punt Natlioo, he determines, — I care not what his motive, whether resentment or revenge, it does not affect his veracity, — he determines to make these facts public. I have said he was annoyed at the treatment he received ; he knew that there ought to be honesty even amongst certain men, and that honesty he did not find there. He seems to have said, " As you have not performed the contract into which you entered with me when you thought I might be of use to you, I will treat you as you deserve to be treated." He presents therefore a petition to Government, in which he states various charges of corruption, malversation, and bribery against Ballajee Punt Nathoo and Col. Ovans ; not vaguely and indefinitely, but supported by the most distinct and available evidence : and he openly and fearlessly undertakes to prove all his charges if the oppor- tunity be given him. With regard to these charges, let me say, that in my humble judgment they have but little to do with the Sattara case. Whether Col. Ovans or Ballajee Punt Nathoo are or are not guilty, is, in my opinion, immaterial to the Sattara case. Their innocence or guilt cannot affect the innocence or guilt of the Raja. There is no connexion between them except- ing this, — that if these charges had been gone into, and the witness Krushnajee had established them, then I admit there certainly would have been established a strong collateral case in favour of the Raja, because we should have been able to point to the nature and character of the agents who were intrusted with the conduct of the inquiry. Nearly three parts out of four of the Deputy- Chairman's speech consisted of remarks on the charges made by Krushnajee against Col. Ovans. He seemed to consider him- self the advocate of Col. Ovans, and he laboured very hard to draw from the petitions of this witness the proof of contra- dictions, for the purpose of showing that he was what he described him to be, "a perjured wretch." And hence he sought to justify the Bombay Government in the mode in which they dealt willi these charges. Sir, I am at issue with the Deputy-Chairman on this point. He has stated that the Bombay Government was right in treating these charges as they did. I say that they were not justified in their mode of proceeding. If a petition is presented, containing vague charges, and you do not know who the author of the petition is, 133 you might so treat it; but when a petition is presented by a party who was a Government witness — when it comes from such a witness as tliis — when it clearly specifies definite charges, accompanied by evidence most minutely detailed — when the accuser gives his own and other security, to prove the truth of every one of his assertions — when he places liimself within the jurisdiction of tlie British Government, and is willing to abide by any punishment tiiat Government may clioose to inflict upon him, if he does not prove the truth of every tittle of his statement; — I say, sir, when a petition, containing charges, comes in this shape before the Bombay, or to any other Government, inculpating the conduct of public functionaries connected with that Government, it is the solemn duty of that Government at once to institute proceedings with a view to ascertain the whole truth, (Cheers.) Why, what does the justification which has been attempted to be set up amount to? Admit that Krushnajee is a " wretch," as you have chosen to describe him : he may be all you have said, and yet his testimony may be cre- dible and the evidence he offers good. He may be all that you describe him, but you are not therefore justified in repudiating his charges against an officer in your employ, whom he accuses of being a confe- derate. It is very well to say that when a charge comes from such a person as this, it would cast an unmerited stigma on the accused to treat it with seriousness. I put it to tlie Deputy-Chairman whether, supposing (and such a thing has happened within my recolkctioo) that any person were to calumniate him publicly, and to impute to him offences of which, in the opinion of everybody else, he would be ac- quitted on his bare denial ; — suppose the individual who made these charges was a person of the most vile character, and everybody ad- mitted he was so, I vv-ish to know what the course would be that he would think it due to liimself and the public to pursue ? Would he leave the matter where he found it ? Would he say to those who heard of these charges, "My good friends, do not trouble yourselves about tliese calumnies ; the fellow who utters them is a perjured wretch, and my character is so high that they cannot reach me. Treat tiiem with contempt?" " No," he would reply, " no matter who my accuser may be, these atrocious charges are gone forth to the public, and the public shall be satisfied." Now, sir, in tlie case before us the administration of justice has been grossly interfered with. A public officer is most 134 deeply concerned in these charges, and the public has a right to be satisfied of their falsity. In your own case, I am sure you would demand an immediate investigation, and you would never rest satisfied until a jury of your country had acquitted you of so foul an imputation, (Cheers.) If in the case of a private individual, such is the invariable course pursued, how much more important is it that in such a case as that before us the Government should take care that their functionaries are fully cleared from such charges as those contained in this petition ! Recollect upon what ground it is that the Bombay Government dismissed these charges against Colonel Ovans ; when they received this petition, they forwarded it to Colonel Ovans and to Ballajee Punt Nathoo. They did right. They ought to have done so in the case of the unfor- tunate Raja; but they forgot their duty then. It was just to these parties that they should see the charges. What is their reply ? that the charges are false — that the person who makes them is a calumnious and foul libellei". What then does the Government do ? Why, upon the ipse dixit of these persons they dismiss the petition. They believe the empty and unsupported assertion of the accused, and dismiss the petition at once! Sir, I agree in the opinion of the Honourable Mover of these resolutions, that Colonel Ovans, as a British officer, ought not to have rested night nor day until he had compelled the Bombay Go- vernment (if reluctant to do so) to institute an inquiry into this matter. It was due to himself — to the character of the service to wliich he belonged, and it was absolutely necessary to insure the peace and hap- piness of his future life to have demanded inquiry ; for, speak of him as you please here, extol his character as you will, represent this witness, Krushnsjee, if you choose, as the worst of human beings, yet, after all' this stigma never will leave the character of Colonel Ovans until a public tribunal iias honourably acquitted him. (Cheers.) I do not know wliat induced the honourable Deputy to enter so largely upon this part of the case, and to dwell so long and so vehemently upon the propriety of suppressing all inquiry into the conduct of Ovans. If it was intended to influence the conduct of his colleagues in the Direction I trust they will carefully consider the sophistry of his arguments before they come to a resolution to approve of the conduct of the Bombay Government in having thus prevented the due administration of justice- If his speech was intended to forestall the public judgment, if he delivered 135 his views on tliis case, well knowing at the time that other Directors did not intend to take the opportunity of delivering theirs, I do trust that those who have been misrepresented on this occasion will give us the benefit of their opinions to neutralize the effect of what has been said. (Hear.) Let me now direct your attention to one or two state- ments made by the witness Krushnajee in the course of these pro- ceedings. I will first take a statement in the petition to the hon. Governor in council, at page 13 of these printed papers. This is a material part of the case. He says: " I did myself the honour to present a petition to your honourable Board on the 29th of Sep- tember last, requesting a proper inquiry into certain charges of bribery and extortion against Ballajee Narrain Nathoo, therein specifically mentioned. Indeed I am a man in humble circum- stances, but the Nathoo is a privileged gentleman, who, in the course of his villanous transactions, has deprived me of a sum of 1,100 rupees, which was promised me as a reward for services rendered in connection with the late inquiry at Sattara." Again, he says in his petition (on page 11) : — " I most earnestly beg the indulgence of your honourable Court, most humbly to intimate, that when Go- vind Rao, the Dewan (Minister) of the late Raja of Sattara, was imprisoned, I was, being connected with the affair of his mother, Girjabaee, inveigled by Ballajee Punt Nathoo to his own side, and was promised by him a reward of 1,250 rupees, and a pension in addition." Then, in the solemn affidavit made by this witness, which you will find on page 12, he makes this statement : " I, Krush- najee Sadasew Bhidey, now residing in Bombay, do hereby make oath and solemnly declare, that the several charges preferred against Ballajee Punt Nathoo, in the two petitions that I have pre- sented to the Bombay Government, the former dated the 29th day of September, 1843, and the latter dated 10th day of November, 1843, are just and correct, aiid I pledge myself to support them as such, by legal and competent witnesses, and also by documentary pooofs now in possession of the local Government. I further make oath and declare, that the said Ballajee Punt Nathoo made the deposalof the late Raja of Sattara subservient to the aggrandize- ment of himself and his creatures, and that he (Ballajee) had pro- mised me, in connection with the affair of Girjabaee, the sum of 136 1,250 rupees, and that out of this sum Ballajee paid me only 150 rupees through tht Resident, Colonel Ovans, and that, after avail- ing himself of my services, he now refuses to pay me the remainder of the promised sum." Sir, contrast the statements which he now makes with those which he made in 1837. In that year he repre- sented that the contents of the petition M'hich he had written pro- ceeded from Girjabaee ; here he states that they emanated from Bal- lajee Punt Nathoo. On this point the Deputy- Chairman and my- self are agreed ; and so far we both differ from the views of the hon. mover of these resolutions. Here Krushnajee states that Ballajee Punt Nathoo was the author of the petition. He says, — "Ballajee Punt Nathoo made the dethronement of the Raja subservient to his views." " Ballajee Punt Nathoo inveigled me to his own side." " Ballajee Punt Nathoo promised me a reward of 1,250 rupees." As the Deputy-Chairman observed, " you may see, although there is not a positive and direct statement to that effect, that Ballajee Punt Nathoo was the source whence the petition emanated." In that remark I perfectly agree with the Deputy Chairman. You can put no other construction upon these statements than this, that the petition emanated from Ballajee Punt Nathoo. I would ask you to take these material discrepancies — discrepancies, however, which reveal the real author of the petition — into your most serious consideration. I would ask you, which do you believe to be the true statement ? Can any one doubt that the latter is the true statement ? (Hear.) Consider for a moment the circumstances under which the two statements are made. "When Krushnajee made the first, he was induced to do so under the expectation of a reward of 1,250 rupees. When he made the second, not only was there no reward or promise to warp his evidence, but he had placed him- self under the jurisdiction of the British Government, had given security and bound himself under fearful penalties to speak the truth upon his oath, knowing that he was subject to imprisonment ; and upon his oath he states that Ballajee Punt Nathoo was the author of that petition. (Hear.) But that is not all. This second statement is casual and accidental, and, as it were, involuntary, arising naturally out of the proceedings pending at the time, and not intended to benefit the Raja. Krushnajee is no friend of the Raja of i;57 Sattara ; but, on the contrary, he is a witness against him — a wit- ness for the prosecution — so that his testimony becomes infinitely more valuable in consequence of that circumstance. (Hear.) He distinctly swears that Ballajee Punt Nathoo is the author of this petition. Now, if that statement is true, I ask you whether that for which the advocates of the Raja of Sattara have been contending — upon which they have so often laid such stress — namely, that this was a Brahrainical conspiracy, emanating from the avowed enemies of the Raja, w ith Ballajee Punt Nathoo at its head, is not true ? The honourable Director, General Robertson, proved, at least to my thorough satisfaction, that this was nothing but a Brah- minical conspiracy, and that its fosterer and concoctor was Ballajee Punt Nathoo ; and that the British Government were the mere tools and dupes in the hands of him and his accomplices. I say, if these things be true, then that which we have been contending for is made out, and the case of the Raja of Sattara ought to be considered as at an end. Sir, I contend, that if there be the slightest suspicion about this petition — if it be possible to cast but the shadow of a shade of doubt upon the statement of its having emanated from Gir- jabaee, if there exist the least ground to suppose that Ballajee Punt Nathoo was its author, we have an unquestionable right to contend that the whole case ought to be subjected to the most severe investi- gation. But there is not only the evidence of Krushnajee, but a considerable amount of collateral and corroborative testimony. We have the evidence of Ballajee Punt Nathoo himself. There is his declaration, that when he was applied to for the reward he paid 100 rupees, having paid 50 previously. Is not that a strong corrobora- tion of Krushnajee's statement, that Ballajee Punt Nathoo was the author of the petition ? If he paid the man this money — which he admits — I think every one must infer that he was in some way or other connected with the getting up of the petition. You have also tTie statement of Girjabaee. When first interrogated she denies that she knew anything of the petition or its authorship. Then you have her two subsequent declarations, made in the most solemn manner. Here, then, you have negative testimony to the truth of the statement, that Ballajee Punt Nathoo was the author of the petition. In the first instance you have the original declaration of this 138 woman, according to Col. Ovans himself, in his own handwriting, that she was not the author of the petition, and that she knew no- thing about its contents, and then you have her making solemn affirmations, accompanied by the most impressive ceremonies known to the laws and religion of her country, denying that it came from her, or was ever in any manner authorized by her. You have, fur- ther, the declaration of Govind Row, also upon oath, in which you will find it stated that Ballajee Punt Nathoo was the writer of the petition. This evidence has satisfied my own mind ; and unless any honourable proprietor can show by an examination of the papers that the facts are not as I have stated, I trust those who hear me will believe that the evidence is strong enough to establish the pro- position that this petition is the result of a foul conspiracy. Sir, a majority of the Court of Directors thought this disclosure a very important fact, and accordingly remitted it, as well as other evidence, to the Bombay Government, in the hope of receiving further infor- mation. Now, let me ask, what is the information given by the Bombay Government with regard to these statements of Krush- najee ? The evidence on the one hand is strong that Ballajee Punt Nathoo is the author. "What do the Bombay Government state with regard to the authorship of this petition ? I have read these papers, and all I can find in the way of information, is a most immaterial and unimportant point. It is contained in the minute of the Bom- bay Government, at page 40. Their comment upon the evidence of Krushnajee is this : — " It is most improbable that Krushnajee Sadasew Bhidey would have so long concealed his present story, if it was the true one." Now, I put it to honourable proprietors, whether this is not the most unsatisfactory, lame, and feeble com- ment which could well be made upon such a statement ? Why, the probability or improbability, is quite the other way. How was he to make known his story, if it was a true one, before ? He had pledged himself for a bribe to tell the former tale, and so long as he had a hope of receiving it, he would, of course, adhere to that story. It is only when he discovers that he shall not obtain his promised bribe, that he resolves to come forward and state the true facts of the case. That, Sir, is the first disclosure to which I advert. The second, and a new fact, which I think lays another ground for in- 139 quiry, is, with regard to the seals of the Raja of Sattara. I beg that honourable proprietors who are influenced by the judgment of the majority within the bar, will recollect, that the Court of Directors have considered these facts, which were new themselves, important, and have asked for a satisfactory explanation. "NVe all know that certain papers were purchased by Col. Ovans from Balkoba Kelkar, a gang robber. Among them were the impres- sions of mortub and sicca, or the great and small seals, supposed to be the seals of the Raja of Sattara. They were forwarded by Col. Ovans to the Bombay Government. Since these proceedings took place, the seals have been examined, and the inscriptions translated, and the seals, — which were supposed to be those in daily use by the Raja, are proved not to be his at all. (Hear.) They are found to be the seals of a sovereign named Sevajee, who reigned some one hundred and seventy years ago. Now, Sir, the forged papers, sup- posed to have been sent from the Government of Goa, and the Raja of Nagpore, were sent up to the Bombay dovernraent, by whom they were very much relied upon, and were considered by Sir Robert Grant as most material evidence in support of the charges. These are all proved to be fabricated, and the seals, as I said before, are found not to be the seals of the Raja. What is the further infor- mation which has been received upon what everybody must admit to be a most material part of the case ? The Directors sent to the Bombay Government for further information, and what have they done ? They have referred the matter to Col. Ovans. And what does he say ? At page 43 of these printed papers you have his statement upon this very material point. The 6th and 7th para- graphs run thus : — "The papers marked Nos. 13, 14, 15, and 16, of these accompaniments, refer to the inscriptions on the seals used by Nagoo Dewrow. But although these inscriptions may not have corresponded with the inscriptions on the seals in daily use by the ex- Raja of Sattara, still this does not appear to me to throw any doubt on the Goa case, or to disprove the mission of Nagoo Dewrow, as it is not likely, that upon such a mission, the real seals of govern- ment, or fac similes of them, would have been intrusfed to him. It is rather to be supposed that concealment would be resorted to, and seals of a former reign used, which would answer the 140 purpose as well, and thus less danger would be incurred. But the seals used by Nagoo Dewrow are now at Sattara, and perhaps, if carefully compared with the old seals of the Sattara Government, of which I believe there is a great number in the possession of the present Raja, this might throw some light on this part of the affair." Now, I put it to those who hear me ; where does the probability in this case lie ? Is it probable that if this transaction had taken place, fictitious seals would have been used ? Remember, that the transactions were carried on through the medium of an agent, and that they related to most important affairs. It was necessary that the Governor of Goa should be satisfied, that whatever passed between him and Nagoo Dewrow, should be authenticated, and that, too, in the clearest manner, by the genuine seals of the Raja of Sattara. There is the probability. Not that such an agent as this should have recourse to fictitious seals, and for this simple reason ; because he would not be believed to be the accredited agent of the Raja of Sattara. (Hear.) Now, Sir, it is a little singular that Col. Ovans did not give you this remark at the time the seals were discovered. Mr. Weeding. — He did, Sir. Mr. Lewis. — Not fairly. Mr. Weeding. — Here are his words, " That the seals are not those generally used by the Raja, and there is no direct proof to show how they first came into Nagoo Dewrow's possession." Colonel Ovans, in his letter, lays no stress on the seals, and thinks them of no great consequence. Mr. Lewis. — I admit the remark, but mean to say that Colonel Ovans did not give the Raja the benefit of this fact ; but, on the con- trary, made it, as he now does, tell against him. The Government of Bombay, and Sir Robert Grant, attached great importance to the papers with these seals, and looked upon them as part of the evidence, and as a very material portion of it. Sir, I put it to you, whether, if it is but barely possible, that this charge of the Goa conspiracy was in any degree substantiated by the existence of these seals, if it is not a fact which deserves further consideration ? Now, Sir, with regard to the other seals. There were two which were transmitted by the Bombay Government through the medium of 141 Mr. Dunlop and the Svvaracc of Sunkf sluvur. They were for- warded to the Government, and at the time, Mr. Dunlop stated in his letter, that these seals had the name of the Raja upon them. Now, Sir, in consequence of these proceedings, the inscriptions upon them have been translated ; and it is found that they are not the seals of the Raja, and that they have not even his name upon them, which Mr. Dunlop represented they had. That they have the name of a Peishwa, Sadasew Bajee Row ; and upon investigating the records of the Government, in order to ascertain who were the sove- reigns who from time to time have reigned in that country, it is found that there is no such person of that name who was ever upon the throne, or ever filled the office of Peishwa. Now, Sir, here is palpable, direct, and uncontradicted forgery. This you very pro- perly thought material, and you have asked for information upon if. What information have you received? Does Colonel Ovans ven- ture to deal with these seals ? No ; he does not even condescend to make a remark upon them. AVhat do the Bombay Government say ? Do they give you the necessary information upon this point ? No ; they see Colonel Ovans has not made any remark upon them to explain away this circumstance, and they say in their minute, alluding to Colonel Ovans, that " he has omitted to notice the discre- pancy in the 7iame of the Peishwa said to he engraved on the one set of seals." He has omitted to notice the discrepancy ! Good God ! For a Government deciding the fate of an honoured prince, to call such a fabrication a mere " discrepancy!" I appeal to you with the utmost emphasis and solemnity, are you, or are you not, satisfied with this miserable answer to your demand ? You have thought it material — you wanted information — you required that information — and you received none. If this was the only fact I had to show, is not this sufficient to justify a demand for inquiry ? I put it to you again ; let us have your answer. The next point. Sir, which I think very material, is the discovery of the personation of the witness Vishnoo Kessoo Dewasteley. This discovery has arisen, in consequence of the proceedings which have taken place here. The testimony of this man, or rather the evi- dence attributed to him, has been printed ; he has seen it, and has made a solemn oath (I have his affidavit in my hand) that he never 142 was examined as a witness during these proceedings, and that he never delivered one tittle of that evidence which is imputed to him. That is his solemn oath. This you thought material ; and very pro- perly so, and required information upon it. What information have you upon this subject ? Does the Bombay Government give you any ? No ; they refer it to Colonel Ovans. What does Colonel Ovans say ? His answer is in the 7th paragraph of the document to which I before alluded. " As regards No. 17 of these accom- paniments, which is stated to be the translation of a letter from Vishnoo Kessoo Dewasteley, denying that he ever appeared as a witness against the ex-Raja; not having the evidence of this person to refer to, / cannot now recollect either the person or the state- ment of this witness. All I can say, therefore, is, that the deposi- tion of every witness was duly taken, and attested by me ; and that it is not likely that any mistake as to the identity could have oc- curred. But, Ballajee Punt Nathoo ra\x?,i\)c personally acquainted with the witness, and must have a perfect recollection of these occurrences. I have little doubt that he would be able to afford Government any further information either upon this or any other point connected with these proceedings, though, as before remarked, it does not appear to me to be either wise or expedient to re-open the case of the ex- Raja of Sattara." Now, really, Sir, is it not enough utterly to disgust and nauseate one, to find such language employed, as an answer to every attempt to obtain inquiry and justice. (Hear.) From first to last, here and in India, we are con- stantly met with this phrase, " the inexpediency of re- opening the case." He then goes on to say that to re-open the case, " or to in- stitute any fresh inquiries upon this subject, would not only be in- expedient, but might raise the hopes of the disaffected throughout the country." Instead of inquiring, then, the consequences are held 171 terrorem over you. And are you to be made to quake under such a statement as this ? And will you deny justice, because the doing of it might involve both public and private inconvenience ? Is this information satisfactory to you ? (Cries of No, no.) What have you on the other side ? A solemn statement of this man made upon oath, that he never delivered one tittle of the evidence im- puted. There is nothing to meet that but this disgusting reason for 143 stifling inquiry suggested by Colonel Ovans. But the deficiency of Colonel Ovans is attempted to be supplied by a reference to Ballajee Punt Nathoo. Why then was not Ballajee Punt Nathoo resorted to ? Why was he not interrogated upon this question ? and why did not the Government, after interrogating him, lay before you the examin- ation ? These are questions which the Bombay Government will have to answer, if justice be done by the authorities in this country. Sir, I started with saying, that tliese were the three important disco- veries on which I relied as fresh grounds for an inquiry. I think I have shown you, by intelligible references to these documents, that the evidence of the witness Krushnajee proves that Bullajee Punt Natlioo was the author of the petition. I have also attempted to show you, by confirmatory evidence, that the allegation of that witness is true. I have shown you, by a reference to tiie information you liave received from the Bombay Government, that on that most material point you have only a lame and inconclusive comment on probabilities. I have shown you that, with regard to the seals, evidence clearly and dis- tinctly proving that, as to one set of those seals, tliey were not those belonging to the Raja, but to a person who lived some one hundred and seventy years ago. With regard to the otliers, that tliey were mere fabrications from beginning lo end. I liave proved also, by a reference to the minutes made from time to time by tlie Bombay Go- vernment upon that part of the evidence, that it had considerable weight in influencing the judgment of that Government, so far as the charge of the Goa conspiracy was concerned. I iiave shown you most clearly, that one witness has proved that he has been personated, he having solemnly declared that he never delivered the testimony that is attri- buted to him ; and that, although his evidence has been submitted to the very man who attested the alleged fabrication, there has been no disproof, and not even a denial. I deliberately ask, therefore, whether I have not shown, from these documents, a clear and undeniable case for further inquiry ? If any proprietor or director shall follow me in this debate, and distinctly prove the contrary of wliat I iiave asserted ; if he shall show that the allegations I have made, and the references which I have given, are false ; or that the inferences I have drawn are not justified, I shall be the first to recant the opinions that I have ex- pressed. Sir, there is one more point, though I do not bring it forward 144 as a new fact ; I allude to the confession of Govind Row, a matter which formed the subject of a considerable part of the speech of the honourable Deputy-Chairman. Now, I really must say that the chief portion of his observations and remarks upon that case were not fair. For instance, a great deal, it is said, turns on the character of Colonel Ovans ; and then a long dissertation is read to us on the ability with which that gentleman has discharged his public functions. What has all tliis talk about the zeal, ability, and past honourable conduct of Colonel Ovans to do with a question of evidence, with which his character has nothing to do ? Then again, in order to introduce a parade of compli- ments, it is assumed that Mr. Hutt is attacked. Why, the notorious fact is, that not a single person, either here or elsewhere, has ever said one word in disparagement of Mr. Hutt. Mr. George Thompson. — Hear, hear. Mr. Lewis. — We all admit him to be a person of the highest re- spectability ; and observing the treatment he pursued towards Govind Row, we say he has discharged his duties with humanity. And yet a vindication of Mr. Hutt was a part of the speech of the Deputy-Chair- man. This mode of proceeding is unfair. There are proprietors here who are influenced by opinions uttered by directors, and by such pro- ceedings as these are drawn away from the real merits of the case. They are led to consider that the conduct of their public officers is attacked, and that the discussions upon the Sattara case are merely the vehicle for the purpose of wounding their characters, (Hear, hear.) Now, sir, as to this confession of Govind Row — what is it 1 He has stated in his declaration, that the confession, as it is called, was ex- torted from him in a dungeon. Is not that true ? Was not that con- fession " extorted" from him in the strict legal, moral, and universally accepted sense of the word ? The extortion was on the part of the Government — the extortion was on the part of Colonel Ovans — the extortion was, the strict confinement to which he was sent, the banish- ment of the man from his family, the interception of his letters, a soli- tary captivity of ten long months. The extortion was, the iniquitous mission of Sakharam, the author of the statement attributed to Girja- baee, who was sent (o Nugger for the express purpose of getting the confession, and at whose dictation this " voluntary" statement was drawn up, and delivered to Mr. Hutt. There is the extortion; and 145 1 iisk any man who looks calmly at liicsc (acts, to yay wliellipr liiat confession was not extorted ? Who is the man who, under such cir- cumstances, would not be ready to say anything and everything he was asked? (Hear, hear.) When the law says that evidence taken under duresse is not to be admitted, what is meant by it ? Duresse is but another word for extortion. W'e do not mean to say you must present a pistol to a man's head before you are guilty of extortion. You take a much more efficacious method; you adopt a more quiet, secret, and efficient plan ; you irritate his mind, you annoy and perplex him, you subject him to every conceivable privation, you place him in a situation in which his mental energy is exhausted and his moral firmness broken down; you cut him off from the common air, from the free use of his own limbs, from social intercourse, until at last he can do nothing, think of nothing, enjoy nothing ; life itself be- comes a burden ; and he is ready, in tlie state of imbecility to which you have reduced him, to do anything, to say anything, and to sub- scribe to anything you please. (Loud cheers.) This is the Bombay method of extortion. Mr. Hutt's letter leaves the charge of extortion completely untouched — extortion in the sense in which that charge is made. Now, Sir, I think I have gone over the material points of this case. Let me now for a moment institute a contrast. Let me ask, how the Bombay Government can reconcile their conduct to them- selves; or, if you approve of their course, how you can reconcile your conduct to yourselves ? A petition was presented by Krush- najee; that petition contained charges against Ballajee Punt Nathoo and Colonel Ovans, — clear and distinct charges, supported by abun- dant evidence. Securities were given to prosecute those charges, an oath was also taken, so far as the witness could affirm that the facts were within his own knowledge. Besides that, there was the recommendation, together with the opinion of the agent for Sirdars, Mr. Warden, a man most competent to advise the Government on the subject. A rccomn\endation that a prosecution should bo con- ducted against Colonel Ovans and Ballajee Punt Nathoo, and tliat Krushnajee, the writer, should be called on to prove his statement. If I am wrong, I should like to bo corrected in that. Is it not so? Mr. Hogg. — If tho honourable proprietor appeals to mo, I say K 14G there is no recommendation ; Mr. Warden takes the question gene- rally ; it is a general statement of the truth of his assertion. He sends that, with certain records, to Government ; but he does not recommend. Mr. Lewis. — I may be mistaken; perhaps I may be using too strong a term when I say there was a " recommendation." Mr. Hogg. — It is very important. Mr. Lewis. — Well, I think this will be admitted, that Mr. War- den's views and sentiments upon the question are quite obvious, and decided. From the steps taken by Mr. Warden, and the letter written by him, it is evident that his belief was, that the parties ac- cused should be called to account. He instances the case of a per- son of the name of Dadjee Appajee Seweya, who, in consequence of making similar charges, was called on by the Government to prove his allegations. Now, mark what was the course pursued by the Bombay Government. They sent that petition, and they very pro- perly did so, to Colonel Ovans and Ballajee Punt Nathoo to reply to it. What was the answer ? That the statements therein contained were false, and the man was a malicious libeller ; and on this bare statement of the accused parties, they dismissed the charges. Now, Sir, turn to the other side of the picture. Who, let me ask, was the writer of the petition inculpating the Raja of Sattara? Was it not this same witness, Krushnajee ; this same " vagabond," who is now not to be credited ? Was he not the author of that very petition ? The charges in that petition were vague and indefinite ; he was not under any obligation to prove a statement contained in that petition. What was the course the Government pursued then? The Raja of Sattara, recollect, was then sought to be criminated. Was not the character of the Raja of Sattara as high, as great, and as excellent as that of Colonel Ovans, or that of Ballajee Punt Nathoo ? (Cheers.) Had there not been 19 years of faithful attachment to the British Government, and an 'administration of affairs which called for, and received, the loudest admiration ? (Cheers.) Did not the Raja stand on the very highest pinnacle in respect of his reputation ? (Cheers.) Recollect, it was on the ground of high character, as the Deputy- Chairman has urged, that this petition against Ovans and Nathoo was dismissed. (Hear, hear.) Did they send the petition of Girja- 147 bace to tlie Raja of Sattara? f Cheers.) Did they ask the llaja for his reply ? (Hear, hear.) No ; they assumed the truth ou tlie false and perjured testimony they had obtained, and finally dethroned him, never having once permitted him to see either the petition or any other fragment of evidence given against him. (Loud cheers.) Now, Sir, I ask, how do you reconcile conduct of this description ? Why is it that when charges are made, by identically the same wit- ness, against Ballajee Punt Nathoo and Colonel Ovans that you say, " so high is tho character of these persons, and so great their ser- vices, that you will not examine them ;" and on the other hand, when a charge against the Raja of Sattara emanates from the same identical person, you assume almost every fact in it to be true, and punish the Raja without a hearing ? How do you reconcile this? Why, Sir, it is conduct, showing on the one hand, the most disgust- ing favouritism and partiality, and on|the other, a relentless, revenge- ful spirit of persecution almost without a parallel. Sir, in both instances you outrage the principles of justice, by your favouritism on the one hand, and your persecution on the other. (Hear, hear.) We have heard a great deal about "decisions." When- ever this question is discussed, we are told, as a matter of course, " Why, you will not take the opinion of anybody. The local authorities have decided; the Supreme Government have decided ; we have decided, and the Board of Control have decided." Sir, 1 agree with the Deputy Chairman ; the question has been decided, but that which has been decided is that which we are not contend- ing for. What we are now contending for, and have been, and shall still, 1 hope and trust for ever while we live contend for, is, that a man shall not be condemned without being heard in his defence. (Loud cheers.'' I admit that that point, also, has been decided else- where ; but I contend that it has been decided according to justice, and in favour of the Raja of Sattara. I.,et me now call your atten- tion to the evidence, showing how that point has been decided. It has been decided by the local authorities, by Sir Robert Grant, and by the Governor- General, that the Raja ought to be heard in his defence. (Hear, hear.) What says Sir Robert Grant in a minute in Council, dated the lath of August, 18;J7 ? You will find it in the printed papers, page S(J. He says, " 1 am further strongly of K 2 148 opinion that before the ease is conclusively disposed of, the Raja should be made acquainted with the fresh evidence that has been elicited against him, and should be allowed the opportunity of offering some defence or explanafAon." In his Minute of the 31st of May, 1808, which you will find in page 30o of the printed papers, he says, (and it is quite impossible for the right of the Raja to be stated in stronger language than is used here by the Bombay Gov- ernment,) it is, as Sir Robert Grant says, his natural and in- alienable right to be heard in his own defence. It will be asked, says Sir Robert Grant, "whether he is to be condemned without the opportunity of defending himself. The Raja has not been told of the evidence taken by Lieutenant- Colonel Ovans." Here is an admission by the Bombay Government, " and undoubtedly he has a right to be heard in his vindication. I have never meant other- wise." (Cheers.) " In my minute of the 15th of August, 1837, I observed," — he then quotes the paragraph I have just now read, and .says : — " I repeat that opinion, 7iot meaning that there should he merely the form or farce of a trial, to be closed by a ready-made judgment, but that the de- fence should be fairly heard and impartially weighed. So far as this Go- vernment should be called to decide on that defence, it would be my honest endeavour to discharge my mind of ail my previous opinions on the sub- ject, and to judge the case as if I heard it for the first time. But if it be thought that the Bombay Government is too strongly prepossessed with the guilt of the Raja, to be placed in the cliair of judgment over his High- noss, let the Government of India constitute, in any manner which they think fittest, an impartial and a competent judicature for the occasion." You that are fond of authorities, say now, whether the question has not been decided for which we are contending, namely, that there should be a hearing. The next minute is that of the Governor- General, Lord Auckland, dated the 23rd of September, 1838, and which is to be found at page 229 of the printed papers. He says : — " It is not necessary to establish it as a fixed rule that the Briiish Government cannot depose any prince not taken flagrante hello, except through the medium of a formal trial. But in this instance, if the Raja should eventually demand to be confronted with the witnesses against bim, 149 and to be placed on his trial ; or, even if he sliould not himself mako that demand, but the written explanation or defence which 1 would propose in the first instance to require from him, should seem, as it very possibly may, to leave a necessity for some further proceeding, there may, perhaps, be no alternative to such a mode of final examination and disposal of the case ; however cumbrous, dilatory, and inconvenient it must be felt to be. Com- missioners of high rank and character, from the other Presidencies, if necessary, might be assembled for the purpose. Detailed orders would, in such a case, if we are forced to the measure, be necessary on the precise mode of trial, and all the other circumstances attending the procedure, to which allusion is made in the letters from Bombay. But it would be premature to enter at all upon these points at present." " As the first step," — now mark you these expressions, I earnestly entreat you : — " As the first step, I would, as suggested by Sir Robert Grant, request that the Raja sliould he furnisficd with a loritten statement, embodying a full and clear detail of the facts connected with the several charges, and of /Ac ?<«««« (with any reservations which may be absolutely required for the safety of the party) of the witnesses by whom they are proved, with a notice of the circumstances under which the evidence ivus obtained." How just! how proper! and how becoming of a Governor- General of India thus to decide ! Then he says : — " Call for from him, within a certain reasonable time to be fixed, a similar written statement of whatever he may desire to urge in his own behalf. The acting Resident will of course take care by every means in his ])ower, ^0 see that his guaiantees to witnesses are in letter and spirit fully maintained." Now, sir, singularly enough, such a statement as is referred to has been prepared ; so that you would have no difficulty whatever, did you resolve to do that which is just. The statement to be fur- nished the Raja is now in your possession ; you would only have to hand it to him. A statement was prepared, but, at the suggestion of Col. Ovans, it was kept back ; not that the Government of Bombay, or the Governor- General of India ever changed their opinion 150 respecting the right of the Raja to be heard in his defence. There never was any intention of finally deciding the case without the Raja being heard. Now, sir, let me ask how you have decided this case ? We have the decision of the Bombay Government, and that of the Governor- General of India. These decisions were sent to you. Why, sir, the Court of Directors, so far from thinking it even necessary that the Raja should be called upon to defend himself, stated, that they were so thoroughly disgusted with the proceedings in Bombay, — so completely ashamed of them, — so perfectly con- vinced that the accusations were all false and absurd, that they wished the affair to be quashed altogether, (Cheers.) That was, in effect, what you said in your despatches. Now, sir, recollect I am stating what is extremely important, as far as regards the hearing of the Raja of Sattara. I am appealing to your own recorded statements, I find in one of the Court's despatches, dated January 6th, 1838, the following words : — "The Governor-General informs us, that he has witnessed with con- siderable pain the protracted and extended investigations into which the Government of Bombay has thought it necessary to enter, in connexion with the original charges against the Raja, and that he has ' required that the proceedings be terminated and brought under the review of the Supreme Government, at the earliest possible period,' " 2, It is our particular desire to receive as soon as possible your review of these proceedings, and in the confidence that it will be transmitted without any avoidable delay, we shall suspend our own review of the case, till we are in possession of yours. At the same time we have no hesitation in giving it as our decided opinion that it would be not only a waste OF TIME, BUT SERIOUSLY DETRIMENTAL TO THE CHARACTER OF OUR Government to carry on any further inquiry in the MATtER," " Seriously detrimental to the character of our Government to carry on any further inquiry in the matter ! " Why here, while you tacitly acknowledge the necessity of the Raja being heard, and the necessity of it in the event of any ulterior measures, you at the same time said, " We will not put him even to the trouble of vindicating himself; we will at once dismiss the whole proceedings, and place him where he ought to be, in the confidence of the British Govern- ment." (Cheers.) I say, the Court of Directors having before them the papers, and the evidence connected with the Sattara case, and making a solemn declaration of this description, must have believed that the Raja was free from the guill imputed to him. There is no other inference to be drawn from that despatch. Well, sir, Sir James Carnac went out from this country, knowing that this was your opinion. He went with instructions from you, to consign the past to oblivion, and to replace the Raja in the confidence of the British Government. Yet, Sir James Carnac, notwithstanding these express oi'ders from you, deposed the Raja: deposed him illegally, and contrary to your own orders : and yet you have confirmed that act, acquiesced in it, and approved it. I think, when you come to reflect upon the matter, you must acknowledge that you did so, more on the ground of expediency, than from any other motive. I am quite sure that if I could probe the conscience of every person here, if I could take you to the confessional, and extort from you real opi- nions, you would say, " We believed him to be innocent ; he never ought to have been deposed ; but, having been deposed, we were in a dilemma, thought it best to sanction the act, and we must now reso- lutely refuse to restore him." (Loud cheers.) Mr. PoYNDER. — ^That is the honest truth. (Cheers.) Mr. Lewis. — Now, Sir, I ask you, if you have, for expediency's sake, deposed the Raja of Sattara, is that a reason why we, for the sake of justice, should not demand that he be heard in his defence? Does your fatal error obliterate the decisions which all the authorities in India have given, that he ought to be heard ? You have com- mitted an act of wanton cruelty. You have, without hearing him, inflicted upon him the severest penalty that can be inflicted — you have deprived him of all but life, and that life is one of infamy. You have not heard his defence; you say you will not hear it; but afe your unrighteous judgments to be the rule of our conduct ? God forbid ! Before it is too late, beware ! You are but perpetrating injury upon injury ; wrong upon wrong; you arc determining to persist in a false course, and it may conduct you to your ruin. The right to be heard is an inalienable right; a right to which the Raja is entitled by the laws of nature, of society, and of God ; and your 152 (Iccisions can no more destroy that right than they can disturb the pillars of tlie universe. (Cheers.) The Ryja's right to be heard is an eternal right — a right, be it recollected, cherished if in any coun- try on the face of the earth more dearly and sacredly than in another in this. (Cheers.) It is a right which is inwoven in our own consti- tution — we are taught it from our very infancy — it grows with our growth and strengthens with our strength — it is the pride of our manhood — the glory of our laws — the palladium of our liberties ; and, where we find it insulted, or in any way outraged, we are its champions, its supporters, and its martyrs. (Loud cheers.) I thank an honourable friend near me for referring me to a paragraph of great importance in the letter of the Raja himself to Sir Henry Hardinge ; which letter, though not in the papers, I may still, I trust, be permitted to refer to. Mr. Sullivan. — There is an excuse given, why it is not in the papers. It was ordered by Parliament, but it has not been received from India. Mr. Levpis. — Hear what the Raja says :— " Of the nature of the other charges brought against me, I was permitted to know nothing, until in August, 1839, 1 was summoned to attend the late Governor, Sir James R. Carnac, then at my capital ; when I was called on to acknowledge my guilt, not only of the crime laid to my charge before the Commission, but of two others, upon evidence which I had neither seen nor heard ; I was then assured that, if I admitted my guilt I should be confirmed in the possession of my principality ; but, that if I refused to criminate myself, I should be forthwith deposed. Spurning the condition upon which, alone, I was per- mitted to retain my sovereignty, and resolved to preserve my honour and integrity, even at the expense of everything besides, I was, on the 5th of September, 1839, removed from my palace, and, from that day to this, have been suffering the punishment of crimes of which I am entirely innocent, without the opportunity having been ever afforded me of being heard in my own defence," (see p. 21, letter to Sir H. Hardinge.) Sir, when it is stated in reply, here or elsewhere, that the question has been decided, let it also be fairly stated, that that for which the advocates of the Raja have been all along contending, namely, a hearing, has been decided as just 1 r>:i and right by all the authorilies in India, and even by yourselves. You who have gone even further than the local authorities in excul- pating the Raja, Let that fact be recollected, and candidly brought forward. Sir, independent of this paragraph, there is a passage in the letter of the Raja of Sattara, with which I think I cannot do better than conclude the observations I have made to the Court. It bears upon the point that I have been pressing upon your atten- tion ; nanaely, the necessity, in justice, of his being heard in his defence. The sum of his prayer is here strongly, feelingly, and emphatically expressed. The Raja says : — " I might be content to trust my future fate in the hands of any impar- tial individual, competent to examine and weigh the contents of the official documents which have been laid before the House of Commons ; but, con- scious of my innocence, and strong in the conviction of my ability to expose the utter falsehood of every charge, and to purge my character from every imputation which has been cast upon it, I ask — this is the sum-total of my prayer — I ask to be heard. I solemnly and emphatically, before you and the world, plead not guilty to the charges which have been brought against me; I solemnly and emphatically declare, that I have suflered, and do still suffer, as an innocent man. " I ask not, however, that my declaration should be received as proof of my innocence, but that I may be heard ; that I may have a fair trial, before an enlightened, a qualifud, an upright, and a disinterested tribunal. If, before, such a tribunal, I do not make my entire and absolute innocence apparent, — if 1 do not demonstrate, that I have been made the victim of the arts of wicked, perfidious, and perjured men, I will thenceforth for ever be silent, and bear without complaint the sentence passed upon me. "Judge you, right honourable sir, if, in making this request, 1 am ask- ing mo-e than that which all law, human and Divine, grants to the meanest criminal ! Suffer me to crave, that you will for a while place yourself in my situation, and therein judge of the reasonableness, or otherwise, of my request. Let me entreat you to cast your eyes over the mass of evidence registered against me, to no one atom of which 1 have been permitted to reply, and then say whether, if in my circumstances, you would not earnestly desire to purge yourself from such a load of infamy, ere you descended to your grave. " 1 am a Hindoo prince, of illustrious ancestry ; and, bj birth, the ac- knowledged head of a renowned and once mighty nation ; but I crave no 154 greater right than that which is granted to the meanest supplicant owing allegiance, or subject to the power of the British Crown — the right to be heard in my own defence. " I am instructed to believe that the vilest criminal in England, whose crime has been committed in the face of the sun, and before a thousand witnesses, is not condemned without a trial ; is not subjected to punish- ment, until he has had the fullest opportunity of defending himself from the charges brought against him. Shall I, then, ask in vain for that which the law, the constitution, and the religion of England, grants to the traitor and the assassin — the right to be heard in my own defence." I will trespass upon the time of the Court no longer. But, ere I resume my seat, and we quit this place, suffer me to invoke you, in the name of all that is just and sacred — by every feeling of respect which you cherish for your own reputation — by every sentiment of attachment to the interests of India, and by your hopes of a righteous judgment for yourselves hereafter, to concede that which is now asked at your hands — a full, a complete, a rigid, and an im- partial investigation. I have assisted to make your path easy, by a careful detail of the new and additional evidence contained in these papers. Let me then request you — suffer me even to entreat and beseech you, as you value the safety and peace of India, to grant an inquiry. Be not found inflexible in wrong doing. The question before you is one of solemn, I might even say, of vital importance, involving the infraction of every principle of the law, both of God and of man. I entreat you to yield, graciously, and at once, to our request. (The hon. Proprietor sat down amidst loud cheers.) Mr. Lewis again rose and said — Sir, allow me to ask one ques- tion. The Chairman has moved an amendment. I wish to be in- formed if that amendment will be first put from the chair ? The Chairman. — The first question will be — That the original words stand part of the question. Mr. Lewis. — I wish, myself, to propose an amendment. The honourable mover has introduced a series of resolutions. My wish is to propose a short resolution, as an amendment on the Chair- man's amendment, which I believe I can do. If the resolutions of the mover are lost, mine, I believe, can come on. The Chairman. — Yes, when the original words are disposed of 155 by a negative, then it will be in your power to propose your reso- lution as an amendment. Mr. Lewis. — 'i'hen, if that be the case, I wish to ask. for liberty to do so, and 1 shall confine my motion simply to these papers, and propose, That it appears to the Court, that the llaja of Sattara ought to have an opportunity of defending himself from the charges on which he has been dethroned. Major-General Bkiggs. — Sir, I should not have risen to take a part in the proceedings of this day had I not believed that it was in my power to throw some light upon a portion of the printed papers that have been brought before us. In tiais belief 1 think I shall be able to explain to the satisfaction of honourable Proprietors the mystery connected with the seals employed in the Goa con- spiracy. Mr. Hume, in his letter of the 'ioth of June, 1844, ad- dressed to the late Chairman of the Court of Directors, states, " With reference to my letter of the 18th of May, I take the liberty of inclosing an extract of a letter received by the last mail from the ex- Raja of Sattara, dated Benares, the 19th. i'ou will perceive, that the document sent refers to the most important part of the ex parte evidence in support of the Goa charge, as now for the first time fully disclosed to his Highness in the papers printed by order of Parliament." The nature of that evidence reached his Highness the Raja of Sattara for the first time through the medium of the English press, and from the papers which were ordered to be printed by the Imperial Parliament. " His Highness declares, that the seals attached to certain documents redeemed out of pawn by the Government of Bombay, and asserted to be his genuine seals, are forgeries. In the first place he states that their inscriptions, as will be seen from the copy he has sent, do not correspond with the in- scriptions on the genuine seals. In the second place, that the seal said to contain the name of the present Raja of Sattara, does not contain any part of the name of the Raja, but purports to be the name of some one filling the situation of peishwa. In the third place, the Raja proves by authentic public records, that no such person as Sadasew Bajee Row ever filled the otfice of peishwa, and that such a person, in such an office, was wholly imaginary." Now, Sir, in deciding upon the guilt of the deposed Raja, considerable 156 weight has been attached to these instruments. There are two sets of these seals, one of which was dehvercd to Mr. Dunlop, and was described as having been discovered among the papers of Nursing Bharty, the late Swamee of Sunkeshwur, and as having been found among them after his death. The other set was taken from amongst the papers which were purchased by Col. Ovans for forty pounds sterling, and delivered to him by the head of a gang of robbers apprehended in the Concan. These two sets of seals are in themselves perfectly distinct. But it is of great importance, in re- ference to them, to look at their character. The one set of seals — that in the possession of the late Swamee of Sunkeshwur, are stated by Mr. Dunlop to be the seals of the present Raja of Sattara. Now the seal which Mr. Dunlop forwarded, has upon it these words : — " Sadasew Bajee Row, the prime minister of Raja Shahoo, King of Men." This seal is very much like that which has been used by the Peishwas. The inscription is a Sanscrit couplet, consisting of the following words : — " Raja Shahoo Nerputty Hersh Nidan ; " Sadasew Bajee Row Mookee Pradhan." These are the words (excepting the name) which have been ordi- narily used by the Peishwas during a very long period. In the case of the late Bajee Row, instead of the words " Sadasew Bajee Row," the words were "Bajee Row Ragonatt," which gives the rhyme equally well. Now, the seal before us is one purporting to be the seal of " Sadasew Bajee Row (or the son of Bajee Row) the Prime Minister of Raja Shahoo," and is said to be the seal of the present Raja; but the present Raja's name is Pertaub Shean, There is not, therefore, upon the seal, forwarded by Mr. Dunlop to Go- vernment, as the seal of the dethroned Raja, a single word that is applicable to him ; or would ever be put upon a seal used by him or for him. But further. My historical knowledge enables me to bear testimony to the fact, ihat there never was such an individual as Sadasew Bajee Row in the family of the Peishwas, 157 and thai from the time of the first Peishwa, IJallajec Vishwanatf, there is not to be found an individual of the name of Sadasew Bajee Row at all. The only person of that name was a son of Chimnajee, the cousin of the first Bajee Row, and he was slain at the battle of Paniput, in 1760. There never was a person of that name in the family. Well, sir, these papers and seals were found, —where ? They were found in the Mutt, or hermitage, as it may be called, of the late Swamee of Sunkeshwur. Now, I have as- serted, and I think proved, that these seals are not the seals of any person living, or who ever did live ; and they must consequently be forged seals. Where, I ask again, were they found ! In the Mutt of the late Swamee of Sunkeshwur. This Swamee, therefore, may be fairly assumed to be the person who forged these seals. I lay great emphasis upon this, because I regard it as an extremely important part of this inquiry, as relating to the alleged Goa con- spiracy. We find, then, this Swamee having forged seals in his pos- session, we also know perfectly well, that the Swamee of Sunkeshwur was the chief and acknowledged representative of the Biahminical power of the Deccan. When this person first came to Sattara, after the Raja Pertaub Shean was recognized, in 1818, he required that his Highness should go out from his capital to the distance of a mile to pay him homage. This the Raja refused to do. He stood upon his rights as a sovereign, and said, that whatever respect he might entertain towards the Swamee, as the head of the religious portion of the Hindoos in that part of the country, that he, being a sove- reign, would pay him no homage. He acted according to his words, so that the Swamee was obliged to come and pay his respects to the Raja, as other persons were in the practice of doing. At a subsequent period, the same Swamee issued letters and sent them throughout the Sattara territory, calling on all the Raja's subjects to contribute a certain sum to the support of his Holiness, that is, the Swamee. Captain Grant Duff" was then conducting the admi- nistration of affairs at Sattara, and very properly put a stop to this proceeding. He said the Raja would not interfere with any volun- tary contribution that the people might be disposed to make, but that he would not recognize an order thus made, by a person having no legitimate authority, to levy a contribution from his subjects. In 158 consequence of this opposition offered to the Swamee, there was, as might naturally be expected, no very cordial feeling between his Holiness and the Raja. Now with respect to these Goa documents, I find they occupy 177 folio pages in the Parliamentary papers. They contain, it must be confessed, a great heap of very perplexing and contra- dictory evidence. Indeed, they are most unsatisfactory from begin- ning to end. Although they do in some measure inculpate the Raja, if they are true, yet there is so much of hearsay evidence, and of testimony of the most trumpery nature, that, as my friend General Robertson said, no one would venture to hang a dog upon the strength of it. In these papers, however, the Swamee is stated to be the first person who employed the Brahmin Nagoo Dew Rao, of Waee, to go down into the Concan. But this same Nagoo Dew Rao, is also the head of the party who are said to have been employed as the agents between the Raja of Sattara and the Governor of Goa. This Brahmin had for his secretary his own cousin Nana Wydc, and the Swamee is avowedly the instigator, in the first instance, of the Goa proceedings, and is recognized as such by Sir R. Grant. Unfortunately for the Raja, too, these three persons, the Swamee, Nagoo Dew Rao, and Nana Wyde, happen to be dead, and have never been called upon to answer any questions which might have been put to them, or to afford any information calculated to clear up this mystery. The documents which were purchased by the Resident of Sattara, consisted of thirty-eight pieces, and were sold, as I have said, by a captain of banditti for 40/., though they had been pawned for 50/. ; but there is this very extraordinary circum- stance connected with these papers, which I am sure must strike everybody as strange, namely, that they consist mainly of letters alleged to be written by two parties, to each other. They purport to be the original letters, bearing the seal of the Raja of Sattara on the one hand, and the seal and signature of the Governor of Goa on the other. They are termed original documents, which, instead of being in the hands of the parties who ought to have received and retained them, are found in a pawnbroker's shop in the Concan, left there by a gang of robbers, and 50/. raised on them, but which were given up for the sum of 40/. Now I repeat it again ; this is 159 a very extraordinary fact. How comes it that these letters, instead of being in the possession of the Raja of Sattara in the one case, and of the Governor of Goa in the other, happen to be found toge- ther in the same place, and in such very disreputable hands ? The letters from the Governor of Goa, too, I beg to observe, are not addressed to the ex-Raja, Pretaub Shean. Consistently with tliis, also, the seal is not in the name of the ex-Raja, but in that of one Seevajee Raja. The seal of Seevajee is in the Record Office at Sattara, and it might have been compared, if deemed requisite, with the seal which has now been put forward, and produced by Colonel Ovans, purporting to be that employed by the ex-Raja Pertaub Shean in this conspiracy. Without inquiring into the inscription on the seal, which does not correspond with the original, the shape is even dissimilar, the seal now produced being round, while that of the ex-Raja, as well as that of Savajee, are both octagonal. Suffice it to say that, as they are not of the correct shape, they cannot be fac-similes of the original seals. It must be admitted, therefore, from these circumstances, that these seals must have been fabricated, and we are not left in doubt as to the fact, for Bali^oba Kelkur, the captain of tlie gang, says with regard to them, that the late Nago Dew Rao, the head conspirator, told him they were manufactured at the town of Pedney, in the Southern Concan. Now, Sir, what an important fact is this ! Here are these seals, brought forward as condemnatory of the Raja, and as being Iiis seals, acknowledged by one of the parties themselves, and one of the principal witnesses against him, as having been manufactured by Nago Dew Rao, at a town called Pedney! But, Sir, I have said that Nago Dew Rao was originally employed, for his own purposes, by the Swamee of Sunkershwur, in the Concan, before he was introduced to the ex-Raja. The parties who have given evidence in this plot, and formed part of the gang, are the relatives of Nagoo Dew Rao. Among them are Ballajee Patuk, his uncle; Hurry Bulal, his Jirst cousin; Nana Patuk (his secretary) his second cousin, since dead ; Balkoba Kelkur (captain of the banditti) his wife's brother ; another his sister's husband; and one of them, another sister's husband; another also is his nephew, and so forth. Now it is a very curious fact that these are tlie parties who have given evidence, and who are at present living. There is also Tejeram, the banker of Sattara, a person whose books 160 are very much relied upon. lie, as I can prove, is the banker of the whole party, and of the Swamee of Sunkeshwur; and Balkoba Kelkur, tlie captain of the gang, states, that this Tejeram told him that the pro- ceedings at Goa were the business of the Swamee. Now I have shown that Nago Dew Rao (deceased), the original agent of the Swamee, was the forger of owe set of seals. We know that he was the person who was sent by the Swamee down to the Deccan, and, as Sir Robert Grant states, the Raja became the dupe of that intrigue, and connected liimself with it afterwards. We iiave proved that this Swamee, the originator of the intrigue, had also other forged seals in his possession. Now it is impossible to divest the mind of the idea that Nagoo Dew Rao, the manufacturer of one set of false seals, was identified with the person in whose records were found the other set of forged seals. The sequence seems to me to be as palpable as possible that the Swamee, the enemy of the Raja, was, as stated by Tejeram, the banker, the prime mover in this business. At his death, certain other documents also were found, furnishing a clue to his general character and the nature of his transactions. First of all is an agreement made by Nagoo Dew Rao, in the name of the ex-Raja of Sittara, and by Raojee Kotnes on the part of the Governor of Goa. For what? To obtain 30,000 European troops, through the Portuguese Governor of Goa, of which number 15,000 were to be Frenchmen, and the Raja of Satlaia was to pay for them, as a subsidy, three millions of moneif. Now it is a remarkable fact, that although this instrument is one of those said to be found amongst the papers discovered in the pawnbroker's shop, yet a copy of it is also found in the possession of the Swamee, and is sworn to by the person who copied it for the Swamee. There were other papers found among the records of this Swamee ; for instance, there is an agreement of five articles of a treaty or compact made with the Guikowar of Baroda, the original draft of which is stated by the servant of the Swamee to have been sent to Baroda in cypher, having been concocted, at Sunkershwur, by the Swamee, to form a treaty, which treaty was also found. Amongst these papers, also, are let- ters from the ex-Peishwa Bjjee Row, besides others from Hyder- abad and Sorapoor. But there is one very remarkable paper which I shall beg to dwell upon, for it is one of very great importance- Tl>e paper purports to be a yrant (from Modoojee Bhosla, tire IGl ex -Raja oC Nagpore) of ti jagheer of four lacs of rupees to ike Swamee, wlieiievcv lie, Modoojee Bhosia, shall rtcovi;r llie ter- ritory of Nagpore through the Swamee's agency. Now it is charged against the ex-Raja of Sattara, that he sent, through a com- mon runner, a message to the said ex-Raja of Nagpore, asking him to advance on loan 25 lacs of rupees, to enable him to send the 30,000 European troops to conquer the territory of Nagpore for him, and we at the same lime find the grant of an estate to the Swamee of Sunkeshwur, when the recovery of those very territories takes place. Why, what an extraordinary coincidence, that the Raja of Sattara, without communicating even with the Swamee, should demand twenty- tive lacs of rupees in order to fulfil the very object with 30,00u Portu- guese troops, after the completion of whicii his Holiness the Swamee was to obtain his estate ! But who is this ex-Raja of Nagpore, that is to send this money ? This Modoojee Bhosia, entitled Appa Sahib, is a poor exile, who made his escape from a British escort in 1818, and having wandered all over the North of India, last settled in Jood- pore, the Raja of which state is called on to take care of him, and though not required to deliver him up to the British Government, to guarantee that he sliall do no mischief. This poor creature is at Jood- pore, and receives from the Raja, as I understood when I was in India, ten rupees a-day for his subsistence. This is the man, then, who is called upon by the ex-Raja of Sattara, to lend him twenty-five lacs of rupees (250,000/.,) as part of the contribution, which he is to pay to the Governor of Goa, to furnish troops for the purpose of recovering Nagpore in the interior of the country ! ! ! Is it possible. Sir, to believe this story? or is it fit that any weight should attach to papers of this description ? It is quite clear that here is a fabrication for some dark purpose or other, and that the Swamee and others, the Raja's enemies, are at the bottom of it. I iiave gone through the whole of the printed documents in this case with great caro, and really I must say, with my knowledge of the Indian character, in connection with this evidence, that I never saw a greater mass of trash and trum- pery in my life. Moreover, it appears that this Swamee authorized the collection of a gang, destined to attack Rutnagerree in the year 1836 ; that they came to Sunkeshwur, and remained there some time; that the men were paid 500 rupees in cash by the Swamee, and tlie value of L 162 500 more was given in cloths. These were given, I say, at Sunkeslivvur by Nursing Bharty, the late Swamee. Another plot was also formed to attack the treasury of V'ingorla, which was defeated only by the vigilance of the acting magistrate, Mi: Spooner, and the parties, who were apprehended as concerned in that plot, were the very individuals who have produced the Goa papers and the forged seals. Mr. George Thompson. — Those men, too, were paid by the Swamee. INIajor-General Briggs. — Be that as it may, the former party is proved to have been paid by the Swamee. I have not yet myself seen it stated, by whom the latter party, which was to have attacked tlie Vingorla treasury, were to have been paid ; but, they are persons of Nagoo Dew Rao's party, and some of them his relations. Now, sir, it is a fact placed on the Bombay records, that there was an old feud existing between the Deccan Brahmins and the Prublioos, who were of different castes. Ballajee Punt Nathoo was a Brahmin of the former caste, and the Raja's minister was of the latter caste. Never-ceasing complaints and appeals had been made to the Raja, calling upon him to put down these feuds. In the time of Sir John Malcolm, no fewer than 6000 Brahmins of Waee came out to petition him on this subject, and they threatened, if not attended to, to subvert the Raja's Government by arms. Now mark, sir. The whole of these confede- rates, with Nago Deo Rao at their head, are his relations, and the gang robbers themselves are all from this very town of Waee. The 6000 persons of whom I spoke, persecuted Sir John Malcolm, and de- manded that he should require, that the Prubhoos should not exercise certain privileges which they were stated to have formerly done. The Governor refused to interfere, and sent notice of his resolution to the Resident of Sattara. I arn sorry that General Robertson, who was then the Resident, is absent, because he would have confirmed the statement I am now making about these Brahmins. Sir John Malcolm recommended the Raja not to interfere, but to allow matters to take their course. I could bring forward papers, though not printed ones, yet indubitably authentic, to prove this. [At this point, Mr. Wigram, one of the directors, left his cliair, and whispered something into the ear of the Chairman : General Briggs paused.] 1 (>;j The Chairman. — I wish to ask the honoura'jK' and gallant Pro- prietor if he is aware that all he is now saying has nothing to do with the papers under discussion. General Briggs. — I should be the first to sit down if I deemed myself out of order; but, sir, I really did think that what I wag saying had a direct bearing upon one of the most intricate, but most important branches of the subject brought under our consi- deration by these papers. That branch of the subject is, the seals said to have been used by the authority of the ex-Raja in the course of a treasonable correspondence, and those seals I find specially referred to in these papers. (Hear, hear.) I have collected evi- dence to prove those seals false. I am trying to show you who manufactured those seals ; where they were manufactured ; for what purpose they were manufactured ; and by what motives the parties in this plot were influenced. I was just going to demon- strate that the Raja was not, and could not have been, a party con- nected with the fabrication of those seals. I was going to prove the strong religious hatred towards the Raja cherished by the very parties said to have been his co-partners in all his alleged intrigues to overthrow our Government. That, in fact, from beginning to end, the Raja has been the victim of a Brahminical conspiracy. (Hear, hear.) But I must, of course, bow to the chair, if I am told that all this has nothing whatever to do with the question. Mr. George Thompson. — I rise to order. The remarks of the Proprietor who has been interrupted bear most directly upon a very important branch of the subject before us. The Raja was con- victed, in part, upon the evidence of the seals referred to. If they were his, and if he used them for treasonable purposes, he is guilty. But if they were not his, if they are forgeries, and if they were the inventions of his enemies, and if this can be proved, then the Raja is so far shown to be innocent, and a case for inquiry is made out. Now, sir, evidence touching these seals was sent to this house by a member of Parliament and a Proprietor. That evidence was sent to India to be investigated. These papers, which contain the answers of Colonel Ovans and the Bombay Government, prove that they were not investigated. These papers contain a distinct acknowledgment on the part of the Bombay Government, that the L 2 ie4 discrepancies pointed out by Mr. Hume were not explained, or so much as referred to by Colonel Ovans. Before us is a gentleman who has taken great pains to unravel the mystery. He is, I will venture to say, the only man now in this Court competent to under- take this task. He has achieved his object. He is giving us the result of his examination into the subject, and I therefore solemnly protest against the interruption he has met with as an attempt to defeat the ends of justice by intercepting most vital evidence, in its progress from the lips of a witness to the ears of a judicial assembly. Mr. Marriott. — (Referring to Mr. Thompson, who sat within the bar.) Is that a Director sitting there ? (Laughter, and cries of order.) Mr. Thompson. — No. Only a lover of justice and fair play. Mr. Hogg. — The Chairman decides, that the observations of General Briggs are not pertinent, and do not bear upon the question. Mr. Thompson. — I saw the Chairman prompted to his act by Mr. Wigram. I request that Mr. Wigram will no more prompt the chair — either on this or any future occasion. We are not to have the proof of the Eaja's innocence burked by a whisper, Mr. IIoGG. — (Much excited.) What does the honourable pro- prietor mean ? Mr. Thompson. — This, sir ; that it was Mr. Wigram's whisper that brought the Chairman upon his legs. Let the Chairman deny it if he can. Mr. Wigram. — I will not be put down by that honourable pro- prietor — who seems to disregard all the usages of this room, and who has no legal right to sit where he does. Mr. Thompson. — Indeed ! Prove it. Mr. Wigram. — No, sir. Why, one honourable Director, seeing some books upon the table look them up, thinking they belonged to the Court, and they turned out to be Mr. Thompson's. Mr. Thompson. — And he was quite welcome to the use of them. Mr. Wigram. Now, in the same way, Mr. Thompson may, by mistake, take up some papers that belong to the Directors, and there will be no end to the confusion. I throw it out for the consi- deration of the Proprietors, whether they will allow an individual to break through the customs of the Court, by sitting behind this bar. 1 ar, All I can say is, that, as man and as boy, I recollect the praciicst- of this Court for nearly fifty years ; and I never before knew a per- son attempt to sit where the honourable Proprietor does, but by the courtesy of the Chairman. I tell the honourable gentleman that he is doing the greatest possible injury, not only to the cause he is now advocating, but to the general interests of India, by the conduct he is pursuing. Mr. Thompson. — What ! by putting my books and papers on this table ? Alas ! for poor India. Mr. WiGRAM. — In my humble opinion, if these things go on, (and I have a great regard for the general interests of India,) the door of this Court will, sooner or later, be completely closed against the discussion of political questions, (no, no,) and if they do go on, the sooner the better, I say. Mr. Sergeant Gaselee. — I think, Mr. Chairman, you have given the honourable Director sufficient latitude, and I hope, there- fore, the discussion will proceed. Mr. Makuiott. — I beg to move, " that those who are not Direc- tors do take their proper seats." Mr. Thompson.— (To Mr. Marriott.) Really, sir, your motions are always most truly edifying. The Chairman. — General Briggs will proceed. Mr. Thompson. — But, if you please, I will reply to the remarks of Mr. Wigram, which are personal. As you did not call Mr. Wigram to order, you must, injustice, hear me. I am sure General Briggs will allow me a minute for that purpose. The Chairman, (to Mr. Thompson.) — You are out of order. I call upon the proprietors to express their opinions. (Great con- fusion, and loud cries among the Directors of, " Sit down.") Mr. Thompson. — Is it thus you will sacrifice the riglit of a man to reply to a personal attack ? Sergeant Gaselee and General Briggs interposed, and re- quested Mr. Thompson to waive his right. Mr. Thompson. — I yield, not to clamour, but to the wishes of my friends. " I bide my time." General Briggs. — Now, Sir, as connected with these papers, the consideration of the seals is really a most important question. I again 166 allude to them for the purpose of showing the character of these Goa papers. If I am told that I am out of order in referring to those documents, I must desist. (Loud cries of '* Go on, go on.") Certain portions of these Goa papers are stated to be originals in the handwriting of two parties. On the one hand of Don Manoel, the Governor of Goa, and on the other of the Raja of Sattara. On examining them, however, we find, from the evidence before Par- liament, by an analysis made in Mahratta by my honourable friend before me, Rungoo Bapogee, and which analysis is translated into English, that the parties by whom they were sold were questioned as to them before Col. Ovans. These parties consist of Dajeba Waeed, Balkoba Kelkur, Moropunt Josce, Narain Chittey, Hurry Punt Futuck, Raojee Kotnes, besides the banker Tejeeram and his son. The documents are thirty-eight in number. The first of them appears to be from Don Manoel to one Sivajee Raja, su{)- posed to represent the present ex-Raja Pertaub Shean. It is dated 2'2nd July, 1833, and Dajeeba Wyde, Balkoba Kelkur, Mo- ropunt Josee, and Raojee Kotnes, state, that this paper, purporting to be from Don Manoel, was written by one Suckharam Khainut, and that a copy of the same was made by Moropunt Josee, who himself confesses that he did so. There are five letters of the 22nd February, ISol, the 21st of December, 1830, the I8th of June, 1833, and the 14th December, 1829, with another of the latter date, said to be addressed by the ex- Raja to Don Manoel, and the false seal is affixed to each. These letters are all in the handwrit- ing of the late Nana Patuck. Moropunt Josce, and Hurry Bulal, the father of Nana Patuck, swear to the fact ; Nana Patuck appear- ing to have been the secretary of the late Nago Deo Row, the ori- ginal agent of the Swamee, but converted into the agent of the ex- Raja. These letters purport to be from Sivajee, Raja of Sattara, who died 160 years ago, and to have the seal of Sivajee affixed to them, but which seal is proved on oath to have been lately manu- factured by the conspirators themselves, who also confess that the letters were written by their own party, and the same rule applies to all the other letters, not one of which is written by the person from whom it emanates. I need not go through the whole of them ; I do not believe it is important to do so ; but will hand over the analysis to one of the reporters present :— and yet, Sir, this is the evidence brought forward by Col. Ovans, and on wliich the Horn- bay Government rely as proofs of the Rajas treason. Letters — concocted by a set of gang-robbers, and sold to the British Resident to criminate the unhappy individual who has fallen a victim to this base conspiracy. Now, Sir, I have had a good deal to do with the taking of evidence in India, in my judicial capacity there. I beg you to recollect, the whole of the examinations and the evidence are written in the Mahratta language. Who examined the evidence ? Col. Ovans ? If Col. Ovans did so, he only did so through the means of an interpreter: the whole of the oral examinations were evidently made by a native, because the questions put by the exa- miner are translated from the Mahratta language into such un- grammatical English, that it is absolutely painful to read it. It is impossible to go through those papers, I think, without getting the head-ache. They are not English at all. Most of those questions must have been put by a native, because when translated into Eng- lish, the native idiom is preserved throughout. The questions were not put by Col. Ovans, for if they had been, they at all events would have been in correct English ; while the answers might have borne the mark of the Mahratta idiom. I say the whole of these (lues- tions have been put by some native, I cannot say who, and trans- lated badly into English by somebody else, to which translation Col. Ovans has affixed his name. I cannot think he translated them ; it would be paying him a bad compliment to suppose so. Yet, 1 re- peat it, this is the evidence upon which the Raja has been con- victed. Why surely he has a right to see the documentary evidence in the original, and to be confronted with the parties who gave it orally. All these will have to be laid before him before he can fairly be convicted. He has had no opportunity of seeing any of these papers, and I say, before any one can come to a determina- tion, whether the Government of Bombay, or even Col. Ovans himself, that it would be necessary that there should be a compe- tent examination of these native documents, and the parties be ex- posed to a searching cross-examination. Ou the occasion of the measures taken, preparatory to the deposing of the Raja, Sir James Carnac gave as a reason why he should not permit the Raja to go into 168 the inquiry respecting these proceedings, that he, Sir James, did not come there to punish the Raja, but to confer favour on him. Such is the reason he assigns why he did not allow him to see the evidence against him. Did he confer favour on him ? If he went there to pass an act of oblivion, it was competent for him to withhold the evidence, but if he came there to punish, he was bound, and even enjoined, (as has been said by my learned friend, Mr. Lewis,) by the late Government of Bombay, and by the Supreme Government in Bengal, to give him a fair trial. The Court of Directors here, however, were satisfied that no further inquiry should be prosecuted, that it would be discreditable to the character of our Government to do so, and that the whole ought to be buried in oblivion. Sir James Carnac, when he sat in the chair in the Court of Directors, had the same feeling. He did not go out to India to punish the Raja, but to pass the act of oblivion, and to keep the Raja upon his throne. Had he relied on his own judgment he would have done so, but there was an actor behind the scene, who, I have not the least doubt, has regulated all the proceedings in India in this case. This is clear from the beginning. Whenever the evidence was promised to the Raja, as it was by the Commissioners in the first instance, and sub- sequently directed by the Supreme Government to be laid before him, there has been a secret agent behind preventing his getting access to it, and it has been withheld systematically, because it was known to those who got it up, that it could not stand the test of scrutiny by the Raja. Sir James Carnac was prompted, I have no doubt, by the same parties, and told, that the Raja was not to be trusted unless he signed such and such a paper, they well knowing the Kaja, and being fully aware that he would prefer the sacrifice of his kingdom to that of his honour. (Cheers.) The main actor in this scene knew that the Raja never would put his hand to the docu- ment which required him to confess himself a traitor to the British Government. It was this refusal on the part of the Raja which placed Sir James Carnac in the dilemma in which he became in- volved. He underrated the firmness of the prince he had to deal with. Sir James Carnac himself states that the Raja said, " Take my terri- tory, put it in charge of your Resident, or anybody you like ; but lay me the papers before me, and I will sit down in Sattara and answer 169 them. If 1 do not prove the evidence to be falbc, I will be content to remain without having any claim to the restoration of my country." The Raja not only said that, according to Sir James Carnac's own statement, but he has since used similar language in his letter to th(.' Governor- General of India. What is it that the Raja has asked for, and what do we ask ? Merely, that a man charged with heinous crimes, should have an opportunity of seeing the evidence brought against him, and of refuting it, if he can do so. Upon my word, sir, I do not know how so moderate a request can be refused. We are not asking you to say that the Raja is innocent, but he is surely entitled to be heard in reply to the evidence. Now, sir, much has been said, as to the effect which a revision of this case would have, upon the character of our Government in India. It is alleged that it would give encouragement to the disaffected, if you were to replace the Raja of Sattara on his throne. I hold in my hand a native newspaper, from which I have made a short extract. The paper has just arrived from Bombay. I do not attach much importance to remarks of newspapers in general, and particularly to native newspapers ; but still this is worthy your attention. The article I allude to, relates to the case of the ex-Raja of Sattara ; I have translated it into English, and here it is : — " Bombay, June 16, 1845. *' Our opinion of the Sattara business is as follows, — First, Colonel OvanSjtlie Resident, infringed the treaty of Sattara, published a proclama- tion, and got up forged papers. Ballajee Punt Nathoo is au infamous intriguer. He has been the confidant of the Resident, and has recieved a Jagheer. His intrigues have led to the refusal to the Raja of the written statements against his Highness. The persons who have given evidence against him are intriguers, traitors, theives, the relatives of Ballajee Punt Nathoo, and the enemies of the Raja, and conspirators. For this opinion we have ample authority. Colonel Ovans is the individual who has given support to this faction, and he has even gone so far as to bring forward new seals forged in the name of the R-ija. We feel bound, therefore, to reprint in this our paper for general information here and everywhere, impressions of the true seals and the false seals. The latter being copied from the printed parliamentary documents, in page 818." Now, sir, this statement with regard to these proceedings is pub- 170 lished and circulated throughout India. It is possible the author of it may be prosecuted for defamation. Mr. Serjeant Gaselee. — No, no ! General Briggs. — I say he may be. Well, sir, I ask if papers of that description,— respectable native papers, — are distributed throughout the country with these proofs of forged seals being appended to the documents on which the Raja was found guilty, and those proofs taken from parliamentary documents circulated far and near, what do you imagine will be the result ? What plea can you state for refusing the Raja a hearing. There cannot be a greater proof of the necessity of doing justice, however late, to that individual, than the fact of opinions of this kind being promulgated throughout your territories. Nearly the whole of this newspaper is taken up with quotations from the parliamentary papers. The matter is not confined to individual opinion, but it is supported on the strength of the evidence itself, as derived from the parliamentary papers. There it is in black and white, — the page even is quoted, — showing to the whole of the people of India that the seals appended to the criminating documents were false seals, and that these form part of the evidence upon which the ex-Raja was deposed. There cannot be assigned a stronger reason for allowing this injured Prince to be heard in his defence than the impression which has now gone abroad throughout India on this subject. Before sitting down, Sir, I feel bound to advert to two observations which fell from the honourable Deputy- Chairman yesterday. I believe he stated that had it not been for the paid agents of the Raja of Sattara in England, he might or would have been (I do not recollect the exact words) still upon his throne. I believe I am right in saying that the Deputy-Cliairman made that statement. Mr. Hogg. — I said that I believed that had it not been for the intervention of agents in England, the Raja might still have been UjDon his throne. General Briggs. — Now, Sir, the expression, in my mind, is am- biguous. I am prepared to admit that, but for these paid agents, the Raja of Sattara might yet have been upon the throne, and for this reason, that I do not tliink these charges would ever have been brought against hiui, had he not ventured to appeal direct to the 171 Court of Directors. These charges originated after tlie Raja's de- terinination to refer liis case relating to the Jagheers to Kngland, finding that he coidd not get redress in India; and immediately he came to tliis decision, and began to take measures for carrying it into effect, these charges were got up against him. If that is the meaning of the honourable Deputy, I perfectly concur with him ; but, if he means to say, that he believes that the reliance of the Raja of Sattara on the influence of his agents in England was the reason why he refused to sign the condenmatory document pre- sented to him by Sir James Carnac, I can only say that the honour- able gentleman, as well as Sir James Carnac, knew very little of the character of the Raja of Sattara. Another observation, which I think fell from him was, that these constant references through agents to England from Native States, was a curse to our Indian Government. Now, Sir, with regard to that, we must recollect that the march of science and of public opinion is so rapid, and the proximity of India has been so much increased of late years, that we can no more prevent the natives of India bringing their com- plaints to the fountain head in this country, than we can prevent the progress of civilization there, unless a law be passed that should make it felony for a native to come to England at all. Not only, Sir, have we natives of India coming with their complaints to this country, but we have seen the son of Tippoo Sultan becoming a proprietor of the East India Company, and here we have before us the representative of the Raja of Sattara in the same position. Who would have expected in the year 1799, when Tippoo fell, that we should have had his son sitting here with the privilege of consider- ing the affairs of India. Sir, we cannot help it ; the honourable and learned gentleman may call it the curse of our Indian Govern- ment, but. Sir, we have, both here and there, a great mercantile com- munity, and a free press. The people of this country demanded more frequent intercourse with India, and whether it be convenient to the governing body here, to have that intercourse continued, or not, it is beyond our means or theirs to prevent it. We are in this dilemma, if it be one, though for my own part I do not consider it so. I think it a manifest advantage. The honourable and learned gentleman spoke of the military and civil services, to one of which 1 172 have the honour to belong, and of them I hope I shall ever speak with the high commendation they deserve. Yet, Sir, the character of those services and of all our officers in India is dependent on a nar- row and scrutinous supervision. The persons who enter into them from this country are not different from other public officers in Europe. There is nothing peculiar either in the class of society from whence they are derived, or in the education they receive. They have no particular advantages. There are, however, in India, great rewards and very heavy punishments; there is very little chance, therefore, of an evasion of the law, and consequently very little opportunity of escape for those who misconduct themselves. Sir, they are narrowly watched; it is impossible that anything can go wrong without its being brought sooner or later to the notice of the authorities there. I say it is owing to this vigilance that we are enabled to pride ourselves on the superiority of the individuals who compose the services justly eulogised by the honourable Deputy- Chairman. (Here Mr. Hogg nodded assent.) But I conceive, Sir, that that vigilance may be extended with advantage to the proceed - ings of our government in India. I conceive that great good arises from a frequent and severe scrutiny of their proceedings. Sir, it is unfortunate that an individual going from this country as a governor of India, should depend too much on the influence he has here. In such a case he often ventures to do unprecedented acts, in the con- fidence of immunity in this house, or elsewhere. I say that it is a misfortune whenever such a circumstance occurs. I abstain from referring to particular cases, but they have too frequently happened. Therefore I do think, that a vigilant superintendence over the Go- vernment of India itself by this Court is extremely wholesome, and will tend to preserve that high character which it has almost al- ways sustained, whenever inquiry has been made into it. I except this particular case of the Raja of Sattara, however, for I do think there has been a great deal of partial feeling in its decision. It is much to be lamented that Sir James Carnac did not adopt the sug- gestion originally made by the Prince himself. Had Sir James followed that course, a course which has been pursued upon many similar occasions, he would have relieved you from the embarrass- ment of confirming his measures, though under the protest of some 173 of the directors in a divided Court. Had he merely £ct tlio Kajii aside, as in the cases of the Raja of Tanjore, the Nabob of Arcot, and the Raja of Mysore, the matter would have been very different. TTe had, I say, abundant precedents before him. The ex-Raja liimself pointed out the course which would have enabled his Highness to exculpate himself, and would have left you free to decide on the merits of the case with impartiality. All we ask for, and all that he asks for now is, an opportunity of repelling the evi- dence brought against him ; — grant him but this, and if yoii are satisfied that the charges are false, place him again on the throne of his ancestors. This you neither ought, nor in justice can refuse. Mr. Serjeant Gaselee. — Sir, I am very unwilling to give a silent vote upon this question, though I am also very unwilling, at this late period of the day, to enter as fully as I should otherwise have wil- lingly done, into the merits of this case. In justice to the proprietors who are around me, and to yourself, whose courtesy and urbanity in the Chair I beg to acknowledge, and also in mercy to myself, I propose to be short. Sir, I rejoice that these papers have been presented to the Court, and that I was one of the humble indi- viduals who signed the requisition convening this meeting. I rejoice, in the first place, because I differ ioto coolo, from the Deputy- Chair- man, in the opinion that these frequent agitations do harm to a just cause, and because I believe that the friends of the Raja, however it may suit the Deputy-Chairman to sneer at them, know the true interests of the person whom they undertake to defend, as well, or better than he does. Differing as I do, therefore, from him upon those points, I think that the oftener the case of the Raja is brought forward in this Court the better it will be for him, knowing, that though justice may be denied for a time, yet, notwithstanding the denunciations of the honourable Deputy-Chairman, it will, because it must, be granted at last. For these reasons, amongst others, I am glad that the present investigation has taken place. But let me also state, that I rejoice beyond measure that this Court has been held, because it has enabled two honourable Directors to come forward and avow themselves in the most noble and creditable manner, friendly to the cause of the Raja. (Loud cheers.) They have independently asserte d the right to state their genuine s-entiments, and have, during 174 this debate, delivered manly, able, and truly honourable speeches. I refer with gratitude and pride to my friends, Major Oliphant and General Robertson. (Cheers.) I may be allowed to say, that they have this day done honour to themselves, and shed a redeeming lustre on the Direction. (Cheers.) They have shown. Sir, that though elevated to power, and though they have ceased to sit among us who are unofficial Proprietors, they have preserved untainted the princi- ples they advocated on this side of the bar, and have, as we have seen, the manliness to avow, and the boldness to maintain, unfettered by the trammels of office, the just and righteous sentiments which they previously professed. (Loud cheers.) Sir, I wish the Deputy-Chairman had met in a fair and honourable spirit the speech of my friend Major Oliphant; I wish he had set himself to work to grapple honestly and boldly with the close reasoning and impressive facts of that speech. As he could not fail to see the importance of that speech, I must suppose that he did not answer it, for the very sufficient reason, that he could not. Certainly it was worth an an- swer if one could be found. 1 wish he had done this, instead of acting the part, ably I confess, of an advocate, rather than of a judge ; and instead, as I think, though perhaps not intentionally, sup- pressing certain important circumstances, and colouring others, to mislead honourable proprietors, many of whom (I blame them not) always follow at the beck of the chair, leading them from the ques- tion, and diverting their attention from the real points of the case. Sir, wliat on earth had the Deputy's eulogium on Colonel Ovans, delivered in set Parliamentary language, to do with the present case? If the Deputy-Chairman will allow me to repeat his own observation, when he said the friends of the Raja are injuring his cause, I will tell him that the friends of Colonel Ovans are injuring him ; and if I was that officer I should say, " God defend me from my friends." (Cheers.) If the Deputy-Chairman wishes to meet the case fairly and honestly, let him not indulge in vague generalities and clap- trap declamation about the character of this "honourable and much- injured individual," as he calls him, but, like a man, answer my honourable friend Major Oliphant, as to the damning and conclusive fact of keeping back for nearly a year, most important evidence from Government. We have challenged you, who are the friends of 175 Colonel Ovans, to come forward and meet tliis charge. Wliy do you not do it, if you are sincere when yon profess to be concerned for liis honour? I do not intend to go over this very serious affair again, but I will just draw your attention to a very few important facts. It was stated by an honourable Director yesterday, that Colonel Ovans had neglected his duty both to the Government and to the Raja. I agree in that opinion. Of Colonel Ovans I know nothing, and am bound to believe him to be an honest man ; but I do not hesitate to express my firm and deliberate opinion, that he did neglect his dut}' to the Government, and that, above all, he did gross injustice to the unfortunate Raja. That lie was made a dupe, I think I shall pre- sently show by the admission of the Deputy-Chairman himself. It appears that on the 12th of August, 1837, Colonel Ovans wrote to the Bombay Government, saying : — "In accordance also with the Instructions coRveyed to me in the third paragraph of Mr. Chief Secretary Wathen's letter to my address, under date the 13th ultimo, I have to report that / hai:e made every inquiry in my power rccjarding Gecrjabaay's petition, but wiflwut success ; and I hai'c now the honour to submit a separate deposition on the subject from Sukha- r am Bidlal, confirming lohat was previously stated both hy the Bhyc and himself regarding this person ; fthe imaginary man called Mahdeo Fngery ;) THE TRUTH OF WHICH I SEE NO LONGER ANY REASON TO DOUBT." This passage shows the great anxiety of tlie Government, and the professed desire of Col. Ovans to get them the information tliey required ; and, in passing, let me just recall your attention to tlie dreadful shift to which the Deputy-Chairman was reduced on this subject. You will rec'iilect that after floundering about for some time, he was at last obliged to give up the petition. " It does not signify," he at last found courage to say, " a farthing who the writer of it was." Why then, in the name of common sense, were the Government so anxious to get information upon that point ? Why, in every despatch which they sent to Col. Ovans, they said, " You must discover who is tlie autlior of the petition." Why did they tliinkthe discovery so important then, if it strikes you as of no consequence now? The Deputy-Cliairman tells us it was not at all important, because it was not evidence. Now sir, (o show (hat it was important, let me refer to an extract from Col. 17G Ovans's letter of July 2lst. " From all tl):it I have been able to learn, as well as from tliese statements of the parties themselves, now for- warded, it appears that Govind Row was very anxious latterly to con- fess all he knew, but he was doubtful whether it would be safe to do so to any person then here. In this dilemma it was agreed, by his mother's consent, that his uncle, Sukharani Bullal, should draw up this petition, in her name, from Govind Row's own account of these intrigues, and a Brahmin, living in their own house, was employed to write it; this person being sent off immediately afterwards, to prevent discovery. This siatement may, therefore, in point of fact, on the evi- dence both of his mother and of his uncle, as now given, be taken as Govind Row's own confession, and it now becomes imporlant to dis- cover whether he may be disposed to confirm it." Yet, when he is driven into a corner, and finds he cannot support his position, the Deputy-Chairman throws his own witness overboard, and the petition with him, and says, " It is not at all important ; it does not at all sig- nify a farthing who is, or who is not, the author of the petition: no importance need be attached to it ; it only indicates where you are to get the evidence." Not important! Why, has it not just been asserted by Colonel Ovans, " that it may be taken as Govind Row's own confession, and that it now becomes important to discover whether he may be disposed to confirm it ?" So much for the plausible assertion of the Deputy-Chairman. The honourable gentleman has not practised in India to no purpose. (Hear, hear.) I was surprised, however, to hear so able an advocate quoting statements which, I am sure, a mi- nute's reflection would have shown him could not be borne out. On the 7th of September this Krushnajee, the real writer of the petition, came to Colonel Ovans, and told him all about it ; and on the 20th of September he gave him documentary evidence, and made the whole history of it clear. What does Colonel Ovans then do.' He allows the Bombay Government to act upon evidence which he knew to be false, which he must have known to be so, because the evidence of its falsity had been supplied to him. Now, meet us like men upon that broad and tangible fact, which I think you cannot get over. Do not talk to me of the character of Colonel Ovans. What have I to do with the question whether he is a respectable man or not, while I am in the midst of this solemn investigation? I do not want your fulsome praise 177 of ilie man; I want your answer to tliis fact. " Ay" or " no ;" did lie or did he not conceal tliis evidence? If he did, how on earth can he justify himself to his Government or tiie country ? Surely, such a man as this Colonel Ovans is quite unfit to try even a dog. What can be said of a judge wlio, when there are circumstances in favour of the Raja, conceals the knowledge of them for eleven months ? Gentlemen may think this is a slight charge, and they may continue to praise Colonel Ovans ; but they would be better employed in trying to show that we are incxxrect, and that this most serious allegation is unfounded. We who are on this side have no motive in coming to this House but a desire to promote truth and justice, and we shall be the first to acknowledge the innocence of Colonel Ovans, if you will prove it : but do not deal in vague generalities ; do not think to screen this man, as all official delin- quents are attempted to be screened, by high flown eulogiums on his general character. Now, observe how the honourable Deputy-Chairman disposes of this petition. He cannot answer my friend Major Oliphant ; and so he says, "Well, be it so, it has all turned out a forgery ;" and he is obliged to give up his witness, and will not now call him one, but denounces him as a "perjured wretch," and having so called him, he then, with a refinement that is really quite amusing, turns round and says to my honourable friend, Mr. George Thompson, — why, you falsely accused me of calling him a scoundrel. (Laugh- ter.) I never called him scoundrel, I only said he was a perjured wretch ! This is certainly an edifying lecture upon parliamentary politeness. The Deputy would call Krushnagee a ^'•perjured wretcli," but, oh ! fie, he would not pollute his unsullied lips by calling him *' a scoundrel." Let us hope we shall all profit by the Deputy's definition of coarseness of language. We may call a man a perjured wretch, but it is coarse, and rude, and vituperative to say. " scoundrel." (Laughter.) The same honourable gentleman stated that Col. Ovans was " duped;" and it occurred to me at the time, that he really was, and that I should be able to prove him one. There are three new points in the evidence before us, and how have they been answered ? I was anxious that somebody should, if they could, answer my friend, ISIr. Lewis. (Hear.) I wished to see whether our opponents could deal with the evidence in 178 the same manly and masterly way in which he had dealt with it. They have not attempted to do so, and therefore I do not intend to go over it at length. It is well known that the Directors thought the papers obtained by Mr. Hume worthy of an answer, even in the House of Commons. The Deputy -Chairman upon that occasion abandoned his purpose, never to re-open the Raja's case again. Really when I reflect upon the nature of such a resolution I confess that I tremble for his reputation, and hope before he fills that chair we may see him change his mind. The principal allegation contained in these printed documents appear to be as follows : — 1st. That Ballajee Punt Nathoo made the deposal of the ex-Raja of Sattara subservient to the aggrandizement of himself and his creatures. 2nd. That the ex- Raja was deposed by a system of subornation and perjury. 3rd. That Girjabaee, the mother of Govind Rao, formerly dewan of the ex- Raja, has declared that she never addressed any petition to Government upon the subject of the imprisonment of her son, and that any letters presented in her name must have been a forgery, and that she never, as has been alleged, waited upon Lieut.- Col. Ovans at night ; and that if the interview to which that officer has deposed, actually occurred, she must have been personated by some other individual. The Bombay Government say, with respect to these allegations, that " They could only be proved or disproved by reopening, ah initio, the whole case of the ex-Raja of Sattara, than which we would respectfully submit nothing could be more inexpedient, even if these assertions were not solely dependant on the veracity of a per- son who, by his own confession, has proved himself to be utterly unworthy of credit." Thus, then, you demand information, and these functionaries tell you it is inexpedient to re- open the case. My honourable friend asks, and I think he is entitled to a distinct answer, say "Ay" or "No," did Ballajee Punt Nathoo inveigle this man Krushnajee, or did he not ? Why, you have the strongest evidence on this point. You have the man's own confession that 179 he was bribed to silence. The honourable proprietor, Mr. Weed- ing, says, that he only had Crirainal Court allowance. He forgets the one hundred rupees. Mr. Weeding. — That was after the case was over. Mr. Serjeant Gaselee. — In such dirty cases the money is gener- ally paid afterwards. (Cheers.) Mr. Weeding. — Will you allow me to state what I said? The Chairman. — You had better not interfere. Mr. Serjeant Gaselee. — This honourable gentleman thinks he has made a notable discovery, in finding that the 100 rupees were paid after the transaction. His memory seems very good, and he may therefore possibly recollect something about fifty rupees having been paid at the beginning of the job. Let him try ; if he cannot, I will help him to a few words of Colonel Ovans's on the point. But what does it matter ? Where is the importance of the fact of whether the money was paid before or after ? As it happens, there was money paid in both cases ; and not too much, considering the way in which it was earned. I think Col. Ovans should not have forgotten the interest. Now, what on earth did he pay him this 150 rupees for ? It is true, Col. Ovans and Ballajee do not acknowledge the claim upon them for the 1,250; but tell us, you who defend them, what the 150 were for? Tell us, also, why this Criminal Court allowance was paid ? Take the admissions of these men, if you will take no more, and tell us what all these rations and gratui- ties mean ? Where money is paid, money's worth is received. What, then, was it paid for ? We will nail you to this point, for this man is your own witness until the Raja is dethroned. The Deputy- Chairman seemed to exult in the fact that Girjabaee was dead and could not be called as a witness ; but when rejoicing over this event, he was sublimely oblivious to the fact that to contradict the unauthenticated paper of Sukharam she left behind her two attested declarations. Oh ! that Deputy- Chairman has a most lawyer-like memory. lie will not surely say that she went out of the world with a lie in her mouth ! What object had she in de- posing falsely ? It is all very well to say that this man Krushna- jee was actuated by malice. I need not tell the honourable Deputy, because I have the honour to belong to the same profession as him- M 2 180 self, that a man being actuated by malice is no reason why his evi- dence should not be received. It may affect the weight of his own testimony, supposing he is proved to be so ; but how can his motive affect the evidence of the witnesses he calls ? Let him answer that. I will take the honourable gentleman again on his own words, for I like to try him by his own text. He says it is quite immaterial by whom the petition was written, because it merely gives you the names of parties who are to prove the statement. Then, I say, it is quite immaterial what sort of a character Krushnajee is, because he offers to prove every single statement he makes — not by his own evidence, but by the testimony of others. (Loud cheers.) Does the Deputy- Chairman suppose that he can mislead the Court of Proprietors by such tergiversations as these ? Take these un- answered charges of Krushnajee alone, and there is sufficient ground for inquiry. (Hear.) The Bombay Government have dismissed them in a manner most discreditable, and most unsatisfactory to myself and others. Pinning the Deputy- Chairman to his own maxim, we demand an inquiry. I now come to a question with which I have taken a little trouble, because the tone of the Deputy- Chairman was so exceedingly triumphant on that part of the case that it led me at once to turn my attention to it; and I think I shall be able to show you that, as in everything else, he was totally wrong. I refer to his remarks upon the declaration of Govind Rao. " Oh," says the Deputy Chairman, "it is stated to have been ex- torted in a dark dungeon. You will find it proved to be quite a volunteer statement." I confess I was rather surprised at the hon. gentleman, who is a lawyer, venturing to call the confession of Go- vind Rao a volunteer statement. (Hear, hear.) He said the questions sent by the Government were sent after the confession. I confess that the impression made upon my mind by the honourable gentleman was, that he wished to represent that those questions were never used at all. I am quite sure that such was the general im- pression of the Court ; if so, that also very nearly amounts to the suppressio veri. I shall call the honourable gentleman's attention to dates, because I think I shall be able to show from them that he is wrong. In passing, let me say, the honourable gentleman gave a very good character to Mr. Hutt ; now all that might be very 181 good clap- trap, but it had nolhing to do with the case. Let mc also say a word respecting Colonel Ovans. Instead of answering Krush- najee's statement, he calls him a malicious libeller, displays the feelings of a decided partizan, and then does that which, I think, when he comes to reflect, he must see was most unworthy of his high character — he suggests that Krushnajee should be given up to the Raja for punishment. When he comes to consider this part of his conduct, it must be with deep regret. It would have been much better for him to have taken a lesson out of Mr. Hutt's book. Now, sir, as to this statement of Girjabaee : " This statement," says Colonel Ovans, "may, therefore, in point of fact, on the evi- dence both of his mother and his uncle, an now given, be taken as Govind Rao's own confession, and now it becomes important to dis- cover whether he may be disposed to confirm it." You will see that all the subsequent proceedings are carried on with a view of getting Govind Rao to confirm this forged petition. Yet this is what the honourable gentleman calls a " volunteer confession." I confess I heard that statement with surprise and regret, coming as it did from one who is a member of my own profession, and who has ventured to declare that such a confession, under such cir- cumstances, can be called a volunteer confession. You will ob- serve that, in furtherance of this desire to get Govind Rao to confirm the supposed story, they proceed in the following manner : — " In order, however, to dispel the illusion as to Govind Rao's re- lease, which threatens to throw such serious obstacles in the way of this important inquiry, I beg most respectfully to propose that the dewan be sent immediately, under guard, to Ahmednuggur, and placed in strict confinement there ; that he only be attended by his own servant, and that all other intercourse with him be for the present prohibited. It is to be hoped that this measure, if adopted, may serve to show that the rumours of Govind Rao's return are without foundation ; and this being felt, his mother and other frienda may be induced to come forward and disclose all they know as the only means of assisting him. But whatever may be the result, the effect of this step should certainly be tried without loss of time;" reckless of the consequences, whatever they may be. "Well, Govind Row was sent to Ahmednuggur; and what arc the instructions sent 182 with respect to his treatment? " The judge at Ahmednuggur has been further informed that it is not unhkely the friends of Govind Kao, at Sattara and Poonah, will endeavour to communicate with him by letter, and that he has been instructed quietly to adopt mea- sures to intercept any communications of this kind, and forward them to Government." Now this is what has been called getting a volunteer statement. A man is placed in strict confinement, his let- ters are intercepted, and is tampered with for sixteen days, and yet, in the face of this Court, we are told that he made a volunteer confes- sion. On the 3th of July, 1837, he was sent from Poonah to Ahmednuggur. You will find he arrived there on the 13th of July, see p. 44 of these papers. Mr. Hutt was at this time absent on cir- cuit. Now, what does Mr. Hutt say ? In his recent letter he writes: — " It was, I think, about August, during my absence on circuit at Dholia for the sessions, that Govind Rao arrived at Ahmednuggur." Now, here is accuracy. Surely he ought to have informed himself better. The man who took him into custody re- ceived him on the 13th of July, 1837. Mr. Webb was consequently in charge. " By his order Govind Rao was placed in the criminal gaol." This volunteer ! — " he occupied that portion of it allotted to Brahmins." When was he removed to the house ? Not till the 23rd of August. I will give you chapter and verse, and you may answer my facts if you can. Again I refer to the evidence of the same man, p. 44, in which he tells us, " On Mr. Hutt's return from Dholia, he had an interview with the prisoner in the gaol, shortly after which he (the prisoner) was transferred, on the 23rd of August, 1837, to apartments in Durree Cusbun's Warra." He has been, for more than six weeks, in close confinement in the prison. How does that tally with Mr. Hutt's statement? " He was accor- dingly received by my assistant, and, for a time, lodged in the most suitable quarters in the gaol." "Suitable quarters!" very well. What ! were criminal quarters " suitable quarters ?" " On my arrival a few days after, he was, with the consent, if not by the express direction of Government, provided with a lodging in a Hindoo house." Now, Mr. Ilutt would have you believe that the man had only been a few days in gaol. I think it is negligence that caused him to make that statement ; he ought to have been more careful, 183 for it turns out that he had positively been in the criminal gaol from the 13th of July to the 2:3rd of August. But the case goes further. I do not wish to be too severe upon the Deputy-Chairman, because he has not an opportunity of reply, but I hope some friend of his will do that kindness for him. Where was this confession made ? I say, most assuredly, in the gaol, and not in the house. Then, what becomes of the " volunteer confession," so much boasted of by the Deputy- Chairman ? When was the confession made ? On the '24th, Now, see if I am right. I am referring now to a letter from Mr. Hutt, dated the 24th of August, which you will find in these Parliamentary papers, p. 618. I beg to call your attention to it, be- cause it is a very important document. " I have the honour to acknow- ledge the receipt of your letter, dated the 28th ultimo, and to inform you that by desire of the acting Resident at Sattara, Sukharam Bullal, uncle to Govind Rao, now in my charge, has for many days had free access to his nephew." I would here, in passing, remark that the honourable Deputy- Chairman forgot that all this time his uncle, — who, not to use stronger language than the Deputy-Chairman has adopted, was quite as much "a perjured wretch" as Krushnajee, — " had for many days had free access to his nephew, and that I have also at Sukharam's solicitation, permitted his (Govind Rao's) brother to accompany him in his visits ; their object has been to induce him to disclose what he knew regarding the late proceedings of the Sattara Court, in lohich they have been successful. I had an interview with Govind Rao this morning, at which he presented ME WITH THE INCLOSED, Written, AS HE ASSURED ME, in his own hand, and which I had previously given him the means of prepar- ing." Now, mark, that this was on the 24th, which he had " pre- pared before ;" he was only removed to the house on the 23rd, and therefore he must have prepared it while in gaol. Contrast that with Mr. Hutt's statement, and then see how essentially the two accounts vary. I have no doubt Mr, Hutt is a very honourable man ; but is he accurate in these statements ? Are any of these statements sent home from Sattara, satisfactory ? I answer, they are not. Nothing is cleared up. All is evasion, or concealment, or trick. I do not wish to use an offensive term, but I was going to ask you whether you will allow yourselves to be humbugged by 184 Colonel Ovans ? I will not, however, say " humbugged," (laugh- ter), but whether you will be misled by him ? Mr. Hutt says, " Go- vind Rao has not been long under my care." This statement will again show the carelessness with which the thing has been done ; yet be it remembered, in a case where the lives and liberties of people are involved. " Govind Rao had not been long under my care, when one day he sent a message to say he particularly wished to see me ; 1 accordingly repaired to his lodging ; he then, after a brief preliminary discourse, told me, that when inquired of at Sat- tara, he had denied all knowledge of the matter upon which he was interrogated, that his duty to his sovereign required it, but that he now found he could do him no good by longer persisting in what was false, that the kind and considerate treatment he had experienced had inspired him with confidence, and that he was prepared under certain conditions to divulge the whole that be knew. These con- ditions were, that he should not he compelled to malie a public dis- closure, and that no public native officer should be called to take it down. To the best of my belief, I then proposed to send for pen, ink, and paper, and write it ; but he offered some objection, to the effect that suspicion would be excited, and reports circulated about it, which might be hurtful. It was then arranged that he should come to my house on the following day, at about ten o'clock (mark this, for the purpose of having his confession taken by Mr. Hutt) for the purpose, when I was to have ail prepared, proper precautions being taken that 7io one should he within hearing, and he would then fulli/ and unreservedly divulge all he kjieio. He came accord- ingly, attended I think by the person above referred to, but whose name I do not now remember, and sitting in the room on the south side, with all the doors and windows, down to the ground, open, he related the whole he had to say, he writing it in Mahratta, in his own hand, whilst I wrote it in English." Now, call to mind the letter of August, 1837, and say can you reconcile these two state- ments ? Here Mr. Hutt tells you now, that Govind Rao wrote it in Mahratta, and he wrote it in English, In the other letter, written the very day of the translation, he tells you positively that the confes- sion was brought to him ready tvritteii, and that Govind Rao assured him it was written with his own hand. "What, now, becomes of the 185 triumphant reply of the Deputy-Chairman ? But he feels secure ; he knows that he is backed by a majority ; or, perhaps, he thinks he may make any sort of statements and that nobody will get up in this Court and contradict him. I say, what becomes of his triumphant quotation of Mr. Hutt's letter ? Let me again ask as a lawyer, if a confession dictated to a man in a dungeon, although it may not be a " dark" one, is a volunteer confession ? Sir, I think the arguments of the Government of India are, at all events, completely demo- lished upon this point; and if so, they are demolished on all. I think I may now leave the Deputy- Chairman to your tender mercy. It appears to me that that declaration of Govind Rao is conclusive. Then there comes a second point of inquiry — the case of Colonel Ovans. It is all very well to refer the charges made to Colonel Ovans for his information. It is right that he should have a copy of the charges, but it is wrong, and grossly wrong, that you should allow him to be the judge in his own cause, and because he may have friends in this house, determine that he shall not be tried like every other man. Such a course is con- trary to the principles of justice, and opposed to your interests in India. I shall not at this late period go through the evidence with reference to the man who was said to be personated, but I think it is most satisfactory. Colonel Ovans says, " I do not know anytliing about it." Colonel Ovans has been accustomed to have his own way so long, that he answers upon this point with perfect carelessness. "I dare say he came before me, I dare say he did ; perhaps he did not ; perhaps he did; I do not know anything about it, but, if you like, ask Ballajee Punt Nathoo." The seals have been very ably disposed of by General Briggs. I was very glad to hear my friend, jNIajor Oli- phant, say, that the Bombay Government had been tampering with jus- lice. That is a charge which I am prepared to maintain. In this matter the- Bombay Government stopped the course of justice, shut the judicial Courts, and decided by Military Government, wliat ought to have been determined by Civil. I care not whether the charges against Col. Ovans and Ballajee Punt Nathoo are true or felse. One thing is cer- tain, they should have been immediately inquired into, and most imparti- ally heard. They were dismissed, and hence I say, justice and law were alike outraged. Had I been Col. Ovans I confess notinng siiould have 186 induced me to write a letter to this Court, or to any one in it to shield myself. 1 would have vindicated my character in open Court. That is the fair, manly, and open course, which he ought to have pursued . It is due to himself still to do so, and I think he is badly advised by his friends not to do so. He may come clear out of this part of the inquiry ; if so, so much the better. 1 am sure of this, that while the charges remain unayiswcred, people will not be satisfied of his inno- cence. How does the case stand ? Krushnajee had, from time to time, petitioned the Bombay Government, but obtained no redress. Naturally enough, he turned round upon those who had prevented his redress, and he accused them of their gross malpractices. "Oh," says the Deputy-Chairman, " think of the treachery of this man, turning against them in the manner he has done." I hope, if the honourable gentleman is a magistrate, and ever sits at Quarter Sessions, and finds hereafter one sheep-stealer impeaching another, that he will not receive the evidence of the treacherous accuser. — (Hear, hear, and laughter.) The man evidently had originally no such object, and never wished to do anything of the kind ; but faithlessness to him made him irritable, and he said to himself, *' Well, since I have been thus treated, why should I conceal the facts I know ?" To me, the process of think- ing, and mode of acting in this affair, are quite natural and intelligible. Why so much ad» about his motives ? Why not in a manly manner take his evidence, and sift his charges to the bottom ? I do not wish to enter into the point of whether the charges are true or not : I look only at the manner in which they have been dealt with. Krushnajee went to the Judge. What did the Judge do? The Judge seemed to know his duty. I do not understand why he should have been obliged to refer these proceedings ultimately to Government. I was not before av/are that that was the system in India ; but if it is, it is a very bad one, because it is quite impossible for a Judge to be independent under such a system. The Deputy-Chairman said, that " recom- mended" was a stronger term than the letter of Mr. Warden warranted. Let us see : — Krushnajee presents his petition to this gentleman, who knows his business, and what is the letter to Government ? " Several months ago I received by the post a Maliratta paper, of which the enclosed is a translation. As it has been usual for the Agent for Sirdars to communicate with the Government on alleged misconduct 187 by Sirdars, as the mode of inquiry asked for in the present instance by Krushnajee Sadasew is that ordered by Government in the case of D.idjee Appajee Seweya, excepting only that the Committee on liini was a native one, and as Ballajee Punt Nathoo is not onlij ' Sirdar of the second class, and a pensioner of the British Government during good behaviour,' but is the most favotircd of all those who on the accession of the British Government to the Deccan were styled ' British ad- herents ;' it did not appear right that I should disregard such serious cotnplaints against him, and so earnest an appeal to me, as the Agent of Government in immediate communication with the Sirdars, although those complaints relate to the acts of Ballajee Punt Nathoo when employed in the Sattara coiuitry, and I therefore, as a pre- liminary step, called on Krushnajee Sadasew to state the grounds on which he preferred these charges of extortion, fraud, and abuse of authority." Can any calidid person say that this letter is not really something even much more than a recommendation ? Mr. Warden binds Krushnajee down in his own security and that of some one else. Let me here challenge a certain member of Parliament with saying in the House of Commons, " What was the worth of Krush- najee's recognizances 1" I refer to the Deputy-Chairman. Mr. Hogg. I understood the honourable proprietor at first, as re- ferring to the speech of the Secretary of the Board of Control. Mr. George Thompson. The observation made by the honourable Deputy-Chairman in the House of Commons was this, namely, that the security of Krushnajee was worth nothing, as he was a man who had nothing to pay ; but he did not tell the House that both Krush- najee and the man bound for him, were liable, in default of payment, to two yjars imprisonment. (Hear, hear.) Mr. Serjeant Gaselee. Nothing is more common than for a man to say " I cannot pay ;" and then you send him to prison, say- ing, "You must pay in person if you cannot pay in pocket." The witness, too, actually makes an oath to the truth of his charge, and brings himself within Britisli jurisdiction. Now, here are the charges; how do the Bombay Government deal with them? Dis- miss them ! Krushnajee has been abused. Well, if Krushnajee is the wretch you describe, do not believe his evidence ; but at all events give credit to the witnesses he puts forward. Believe the 188 documents, which cannot err. Now, these are circumstances which appear in connection with these petitions ; and I say again, that they are facts which should be inquired into. I again state my opinion, that the whole of the conduct of our Government to- wards the Raja of Sattara is a foul blot on the British charac- ter. Sir, that is strong language ; but I am prepared to prove its truth. I regret that whenever this Court has been moved upon this subject, we have been met by amendments, and twitted, and taunted, and ridiculed, as men who think no opinion but our own worth anything. Thank God ! your taunts and jeers pass us by as the idle wind. We are here to-day, we shall come again to-morrow, and so continue firmly and steadily to prosecute our cause, attribut- ing no motives to others, and allowing none to be imputed to us. When I hear it said that this case has been decided, I answer that it has not been decided. If you were to decide five hundred millions of times against the immutable and eternal principles of justice, it would be no decision at all. (Cheers.) The Raja has been con- demned, and you have not heard him in his own defence. You may call your proceedings decisions, — I say they are libels on justice. You have convicted him unheard ; and until you hear him, there can be no righteous decision. But more than this, you do not believe the guilt of the Raja yourselves. None of you believe it ; for if you did, you never would have offered him his throne upon such terms as were proposed, for if he had been guilty of the crimes imputed to him, he was clearly quite unworthy to reign. It comes, therefore, sir, to this, that the cause of all this persecution of the Raja was his perseverance in seeking his rights. You found him a troublesome customer in the matter of the jagheers. Finding him a difficult subject to deal with upon this point, you thought the best way would be to get rid of him altogether. But, sir, you have miscalculated your strength, and overrated your power in this Court. You thought that by coming down here a few times, and swamping us with the votes of a majority, who had never listened to our arguments, but whom you could always rely upon to support your silly amendments, that you could stifle the public voice, and keep your job undisclosed; but depend upon it, that in this, as in all other questions, the public voice will prove too strong for you. Ir may not prove so to-day, or 189 to-morrow ; buf, rely upon it, the day will come when you must do justice to the Raja, when you will be compelled to re-open the case, and to hear him, — and if innocent acquit, or if guilty, condemn him. (Cheers.) Sir, I implore you not to treat this question as one which has been decided. Let us not be met again, as we have been, with scornful censures upon our pertinacity, and our fondness for our own opinions. We do not so much put forward opinio7i8, as f acta. Give us credit for good motives, whatever may be the result. I hope there will always be found in this Court a band of honest men, who, feel- ing strong in the confidence of a just cause, will not hesitate to come forward again and again to tell you that the Raja has had no trial, and to demand for him a hearing. You may call your Bombay pro- ceedings atrial if you please ; but I, sir, in the language of the Lord Chief Justice of England, denounce those proceedings as " a mock- ery, a delusion, and a snare." (Cheers.) Mr. Clarke. Sir, it is not my intention to prolong this discus- sion. The question before the Court is one involving much higher considerations than the mere guilt or innocence of the Raja of Sattara. (Hear.) The principles embraced in this question are not exclusively applicable to the situation of the deposed Raja, but in- volve the fundamental principles of the measures adopted by the Executive Government of India, not merely as applied to the Raja, who happens to be a prince, but to the poorest of our native fellow- subjects. There cannot be a greater injustice done to a native of India, or any human being, whether rich or poor, than that he should be deprived of his station in society, and have his property confiscated and his good name taken away, upon the proceedings of a Secret Commission, upon evidence strange and improbable, and that evidence altogether ew parte. This is a course of adjudication which no country can adopt without a violation of the first principles of justice, and no Government so acting can have the slightest claim 10 be called a just Government. (Hear.) The Raja of Sattara has not only had no opportunity afforded him of bringing forward his defence, but he has even been refused the evidence which would have enabled him to make one. (Hear.) The only means of enabling him to defend himself, would have been to have given him a copy of the charges preferred against him, and with it, the testimony by 190 which those charges had been sought to be supported, by those who were so assiduously persecuting him, — for, sir, I must use that term. (Hear.) In my opinion, the case of the Raja of Sattara involves a great principle, most materially affecting our moral and political influence in India. What will the people of that vast empire think of our Government, when they see charges brought against one of their most distinguished princes, and the pretended proofs of their truth denied to him ? What will they think, when they see the property of this prince confiscated, and his throne taken from him upon ex parte evidence, without the slightest intimation being given him of the nature of the charges, and without one tittle of the evidence of his accusers being laid before him ? What will they think when they look on and see, that when that prince seeks redress from the supreme Government of India, the door is shut against him there, and when he appeals to this house, the door of justice is closed against him here ? Can we afford to have these facts stated and circulated in India ? Will not the publication of them produce a conviction in the minds of the natives that great injustice is prac- tised by us ? And will not this conviction, sooner or later, sap that moral influence, which, upon the evidence of the best and wisest statesmen, is the greatest and strongest element in the composition of our political power ? Sir, entertaining this view of the subject, I see much more in the balance than the mere fate of the Raja. I am very much surprised at the course which the Directors take on this question. " These charges," say they, "have been considered and decided upon by the local authorities in India, by the Directors at home, by the Court of Proprietors, and by Parliament ; and we cannot therefore have them re-opened." But I must for ever contend that it is impossible to arrive at any just decision upon ex parte statements. Suppose a trial was to take place in this Court upon a question between two men, and that we took evidence in secret from the one party, and refused a copy of the proceedings to the other, whom we afterwards convicted, and condemned, and punished ; would not such conduct call down upon us universal execration ? Sir, such a course as has been taken in this case of the Raja is monstrous in principle, and is nothing more or less than a total denial of justice, and a foul prostitution of the 191 name. The Deputy-Chairman said yesterday, that nothing should induce him to re-open this question. I heard that statement with astonishment. The question has never been decided at all. The question never can be determined justly, while the whole of the evidence is on one side. When I hear such a declaration as that which I have quoted, made by a Deputy- Chairman of this Company, and know that it will be circulated throughout India, as having come from him in his official capacity, I feel persuaded that it will be calculated to produce, and in all probability will produce, an im- pression on the minds of the natives, that no appeal against injustice done in India can be successfully made to this house, and that the door of this house is shut against the injured. If, by our vote of to-day we deny inquiry, what then ? It will go forth that the Executive Board in this house, no matter what they do, are supported through thick and thin by the Company. And must not the know- led^ of such a fact, and the feelings which it must necessarily awaken, sap, and ultimately destroy our moral influence in India ? 1 contend that there has been no trial in this case. Certain one- sided measures have been adopted ; but who will say, who can say, that the guilt of the Raja of Sattara has been fairly proved, while as yet he has not been heard ? (Cheers.) Talk as you will, there has been no just decision on his case. I might advert to the evidence upon which this so-called decision has been founded, and I might show that it is impossible for any man to read that testimony, without being forcibly struck with its inconsistency, its many con- tradictions, and, above all, its great improbability. And yet, upon this one-sided evidence, which has been dissected in such a masterly manner by my hon. friend, Mr. Sullivan, and other members of this Court, who have together shown that there is not a shred of anything like proof, — upon this evidence it is, that the Indian authorities and Court of Directors have acted. How, then, is it possible, under these circumstances, to support the amendment moved by the Chairman ? If the Court of Proprietors support that amendment, it will make them parties to the perpetuation of this gross act of injustice. By so doing, they will make themselves parties to the whole transaction, because they will lend themselves to the perpetuation of wrong. Sir, I for one cannot hold up my hand for any purpose of that description. 192 The amendment really involves the principle of the entire irresponsi- bilty of Government. The Deputy-Chairman told us yesterday, that if this case is re-opened, there is not a man in India who would attempt to carry on the Government ; and that it would affect the character of all who are concerned in the administration of public affairs. Now I take quite an opposite view of the matter. I think every question which is supported by a sound moral principle, must triumph sooner or later, and I think you had much better do justice now, and do it willingly, than be compelled to do it hereafter. 1 should myself have moved, had not Mr. Lewis anticipated me in so doing, to the effect, that the evidence which has been brought before this Court, relative to the case of the Raja of Sattara should bV laid before that prince, and an opportunity be afforded him of defending himself. This is nothing more than a simple act of justice, which every man has a right to claim. In doing this I should bring no charge against Col. Ovans. His character has had very honour- able testimony borne to it by gentlemen on both sides of the question. Col. Ovans may have been actuated by pure motives and high in- tegrity ; but he may nevertheless have been duped ; and if he has been deceived, every one is misled, who acts upon his statements. I repeat it, — the result of supporting the amendment of the Chair is the perpetuation of a system of injustice. I do not ask the Court to decide on the merits of the case, but to adopt a plan which will lead to a just decision. You cannot decide this case till you have the defence of the Raja of Sattara. As regards the Raja himself, looking at him only as a human being, I care not whether he is a prince or a peasant ; but I do feel concerned that the administration of justice should be pure, and that we should not deprive either the Raja, or any other man, of the inalienable and most sacred right of being fairly and impartially heard in his own defence. (Loud cheers.) Mr. Twining. Sir, I shall not answer the arguments of the honourable mover of the resolutions, because he has been so ably replied to by the Deputy- Chairman. I am satisfied the honourable gentleman may be left in his able hands. I record my vote in favour of the amendment, because the case has been already before three tribunals in this country — this honourable Court, the Board of 193 Control, and the House of Commons. We all know, that in courts- martial a trial can only be reviewed once ; this has been reviewed three times, and has been confirmed by the voice of the nation, by this honourable Court, and by Parliament. Gentlemen, a great deal of extraneous matter has been introduced upon this occasion, and much abuse has been heaped upon an absent officer of distin- guished ability — I am alluding to Colonel Ovans.— He has, however, been ably defended by the Deputy- Chairman. I think the abuse was extraneous, uncalled for, and certainly most improper. Under these impressions I could not withhold expressing my conviction, that Colonel Ovans stands unsullied in his character, both as a sol- dier, and a man who has performed his duty to this country in the most honourable and proper way. I thus record my reasons why I intend to support the amendment of the honourable Chairman. Mr. Mauriott. Sir, I intend to support the amendment, but not because I am at the beck of yourself and the Directors. I owe the Directors nothing, I look to them for nothing, and I think the Deputy- Chairman has had rather a hard measure dealt out to him, in the comments which have been made upon his speech of last evening. He would not go into the case at large, to keep us till twelve o'clock at night. Was that the siippressio veri which we have heard so much about, or was it the cui bojio veri ? He saw that it would be no use for us to open the case again. Parliament could do nothing with it, and I am sure we cannot touch it at this time of day. If it had been shown that any flagrant act of injustice had been inflicted upon the Raja, Parharaent would have entered upon the question. There is no doubt of that. Had they viewed it as it has b?en regarded here, particularly by the legal gentlemen who have spoken upon the other side, they would have taken up the case. With these views I shall still support the amendment, and vote against what may be called the popular side of the question. (Laughter.) I hope that the Marquis of Wellesley (alluding to the statue) will never see in the Direction the two persons whom he now apparently looks down upon, and who have no business upon that side of the bar. (Laughter.) Captain Randall. Sir, in giving an opinion, I am unwilling to occupy much of the time of this Court ; I feel satisfied that in 194 supporting the amendment of the honourable Chairman, I am discharging my duty as an East India Proprietor ; I am here unin- fluenced by anything but a sense of duty, forming an opinion, as well as I can, from the multitudinous matters which have been brought before us, upon this and previous occasions, when the Court of Pi'oprietors have come to such decided opinions. If those opinions, so decided, are not to be called decisions, I know not when we ever can arrive at one. There would be no end of discus- sions upon every question, however decided in fact it might be, if questions were to be constantly open to renewals of this sort. We have had the most deliberate consideration of all the points, and we are now brought here again upon them. I do think, that unless we support the Court of Directoi's in this matter, we shall not be performing our duty to ourselves, or doing justice to them. (Hear, hear.) I feel, sir, perfectly unmoved by those allusions and threats, which, I am sorry to say, have been indulged in to a degree un- known in former times. I feel that the East India Company, and this Court, forming part of it, will be lowered in the opinion of the public, both here and in India, if they do not remain firm in the decisions to which they have come. I can view with no feeling but that of dismay and alarm, the re-opening of such a question as this (which God forbid anybody should treat as a light one.) If that is to be opened, again to be entangled, with all the contradic- tions which we have seen arise throughout the course of these debates, I think it will do more to shake the confidence of England and India in this Court, than any other course which could be adopted. I do therefore hope, sir, that though this Court is thin, and though we have had a display of ability to a very great extent, as I am sure eveiy one must admit, from gentlemen on the other side of the question, yet I do hope there are sufficient Proprietors to demonstrate that our confidence in the Court of Directors is undi- minished ; that they have done wisely, supported as they have been, by every authority calculated to give confidence, and in whose award the confirmation of your proceedings is truly valuable. I trust we shall prove that we are fully satisfied with the Court of Directors, and express our opinion that they are deserving of the support which we give them. 195 Mr. P. Gordon. — Sir, though not entitled at present to vote upon this question, I am entitled to speak to it. Mr. Marriott. — Is this a director, or a proprietor, who is about to speak .'' The Chairman. — A proprietor. Mr. P. Gordon. — Willing, however, to become a director any day you please. (Laughter.) A despatch was forwarded from the Court of Directors to the Bengal Government in 1 832, in which they fully and ably demonstrate the general prevalence in India of a system of extorting confessions from prisoners. If the volume is at hand I should like to refer to it. It is the Appendix to the Ju- dicial Evidence, page 32. There are half a dozen paragraphs on the subject, showing that it is the system of all the police offices, both in the British and native governments, to extort confessions ; I would also refer to another document, being an account of what took place in the Select Committee of the House of Commons, Sir Robert Grant himself in the chair, on the 17th of April, 1832. I was there at the time. On that occasion Alexander Duncan Camp- bell, Esq., Registrar of the Supreme Court of Madras, afterwards Chief Puisne Judge, and a relative of Mr. Hill, in the Examiner's- office, up- stairs, was examined. Sir Robert allowed me to put a question to the witness, whether torture was made use of in India for the purpose of extorting evidence. The document is so im- portant that I beg to call for it. It has been reprinted by order of this Court, and therefore is in the hands of the proprietors. It states explicitly, in the same manner as the Court's own despatch, that it is the prevailing and almost uniform plan to extort confessions. My feelings with regard to the case of the Raja of Sattara are so very strong that I do not like to venture to express them, for his treatment forms an exact parallel to »(y oww. (Laughter.) It may be a laughing matter to some of the honourable proprietors, but they have not, like me, been imprisoned by the East India Company. (Cries of ** Question.") The Chairman. — Confine yourself to the subject before the Court, and do not enter into your own case. Mr. P. Gordon. — I mention my own case because it is a parallel to that of the Raja of Sattara. A man has been imprisoned. 1 do N 2 19G not care whether dethroned, or taken from Sattara. He has not been tried, but he has been punished. He is a black man — I am an Englishman, and I, though an Englishman, have been imprisoned, but have not been tried. The benefit of that, which is the birth- right of every Englishman, the Habeas Corpus Act, was denied to me. I applied to every authority for redress. I went to the Supreme Court of Madras. (Question.) Mr. Twining. — Sir, I rise to order. We have already endured a very long confinement here. I do not want to allude to the sub- ject of torture, but this speech pretty nearly approaches to it. (Laughter.) Mr. P. Gordon. — The question before the Court concerns the case of a person who has been imprisoned, but has not been tried. My own is such a case. I, too, asked for a trial. What answer have you ? My own and the Raja's case are one. Captain Randall. — The Raja has been tried. Mr. P. Gordon. — What ! when he has not been heard ! When he has not been furnished with a copy of the charges. Have I been allowed to plead my own cause ? Could I esteem it a trial when I was dragged before a magistrate without a shoe to my foot, and was not allowed to go to my own house ? When in prison, I said, " I will answer no questions while I am in a dungeon. Show me the charges. Bring me to trial." I applied to the Supreme Govern- ment, and they referred me to the Court of Directors. Fifteen years have I been here seeking a trial. (Question, question.) The Chairman. — The sense of the Court is, that you shall not introduce irrelevant matter. Mr. P. Gordon. — My sense is, that mine is a strictly parallel case. The greatest blessing to India would be order, purity, and reformation in this Court. That is what I earnestly desire to wit- ness. I would go on, but you will not let me. I will therefore sit down. I have not, as one proprietor said at a recent Court he had done, brought my night cap with me, but I hope I shall never engage in a cause which I believe to be just, without, like the Mussulman, being accompanied by my shroud. Mr. George Thompson. — I shall postpone to a future occasion uiuch of that which I deem it necessary yet to say, in reference to the 197 vast mass of evidence that lias been brought togeilier to defame and ruin the Raja of Sattara. I look forward to many future discussions upon this question, unless the masterly revelations of iniquity which have been made to-day and yesterday, should lead to the doing of that long delayed act of justice, for which we have so often pleaded, but hitherto in vain. In availing myself of my privilege of reply, I shall confine myself principally to what has fallen from the lips of the De- puty-Chairman of the Court of Directors, who has been our only an- tagonist, with the exception of a proprietor opposite, whose speech in this debate I do not think calls for notice, although I feel a strong desire on every occasion to do him the justice he deserves. — (Laughter.) I must not, however, neglect to record my protest against the injustice of the present Chairman, who, after permitting Mr. Wigram to in- dulge in a direct attack upon me, prevented me from offering any reply. It is the law of all public assemblies, to give an individual who has been personally assailed, an opportunity of defending himself; and when a Chairman by non-interference sanctions an attack, he is bound to grant a hearing to the party assailed. The conduct shown to me to-day, has been in keeping with the rest of the proceedings of this body. I have been rudely and unjustly attacked, but I have been denied the opportunity of defending myself. The accuser was heard, but the accused was silenced. This is the justice administered at the India House — and nowhere else. Suffer me to state the reason of my occupying a post behind this bar. In no other part of this house is there any suitable accommodation for a human being; still less for a person whose duty requires a frequent reference to books and papers. There are no chairs, no tables, no pens, no ink, no paper. Wiiat are called seats, are not seats — they are not even as good as the stairs of a warehouse, for there are wells or gulfs between, exposing one to the chance of breaking one's shins. Who can sit with comfort beyond this bar ? Who can take notes ? Look at this moment at the Re- porters for the press, with their books on their knees. Have pity on those, who, after a long debate, have gone home sore and ill in conse- quence of the discomfort of the place. On this side the bar you liave every luxury — easy chairs, with higli backs — in cold weather a good fire — and in yonder room an abundance of other creaturely comforts to betake yourselves to, whenever you please. Consider, I say again, tho 198 convenience of your fellow-proprietors. I made choice of this seat this morning, because I was made ill by my position yesterday. Spend a little money in fitting up the Court, that it may be what it ought to be, and then you may keep this part of the house to yourselves. Not that you have more right here than other proprietors, for in this Court we are equal. Think not, however, that I desire to intrude. Think not that I seek better company than I find among my friends yonder — far from it — if I did, I should certainly not come here. Now, if you doubt the truth of my description of the miseries we have to endure on those dirty steps, just change places with us next Court day, and I warrant we shall see cushioned benches with backs, and every thing else, required to render tolerable a protracted sitting in this Court. Whenever you render the other portion of this Court fit for our reception I will retire from this place, and gladly take the lowest seat, if I can occupy it without a pain in my back. I shall now refer to the Deputy-Chairman's assertion, that the friends of the Raja who are prosecuting this cause are a " SMALL KNOT OF PERSONS." I suppose he means small, in contrast with the opponents of the Raja. One proprietor has had the bold- ness to tell us, that " the nation is against us." What he under- stands by the word " nation" I cannot tell ; but if he means the people of this country, I can inform him, that I have addressed many thousands of them on this subject, and never yet did so, with- out finding them unanimously of opinion that the dethronement of the Raja was an act of base and cruel tj^ranny, and that those who had done it and sanctioned it, were worthy of the severest punish- ment. But to return to the Deputy- Chairman and the small knot. Sir, as the friends of the Raja have been thus described by one of the chief executive officers of this Court, I will take the trouble of answering him. I will untie this small knot — I will lay its indivi- dual threads before you, and then I will twist them together again, and leave you to judge of the number, the intelligence, the moral worth, and the strength of this " small knot of persons." Now, I do not deny that we have been outvoted here. The division list has always shown a majority against us. But who knows who the ma- jority is composed of? I do not. I see men straggle in here, and peep about. I see certain nameless persons lounging in the lobby, 199 with their eyes fixed on the Chairman. I see them wlien the votes are called for, herd themselves together, and I see them counted by the teller ; but who they are, where they come from, or where they go to, I know not. One thing I know, they have never spoken on the question, nor have ever heard an entire debate, at least since I have sat in this Court. I have been told they are frequently brought here by notes and messengers, and that they dare not refuse to come. But this I know, that hitherto, justice in this Court has been strangled by these " mutes." They are here to-day, they are sitting before me, with the faces of contractors and of pickers up of unconsidered trifles — they are in time to vote ; that is enough. Verily ! they will have their reward. " A SMALL Knot of Persons." Let us see. We will begin with the Residents who have represented the British Government at the Court of his Highness the Raja of Sattara. The first was Captain Grant DufF. He has borne the most flattering testimony to the disposi- tion, the talents, the honour, and the loyalty of the Raja. In a letter not long since addressed to the agent of the Raja, now in Court, (and which I am prepared to produce,) he avows his disbelief of tlie charges brought against his Highness. His words are, — " He" (the Raja) " never could be guilty of what has been alleged against him. I believe he never for one moment entertained inimical intentions towards the British Government. The whole story of intriguing with Goa, and of corrupting the sepoys, I also believe the Raja had nothing to do with, and I think his deposal was impolitic and unjust. I have always said, that, judging from all I ever knew of the Raja, I do not believe him guilty of the silly crimes with which he has been charged, and for which he has, in my humble judgment, been unjustly set aside." I shall presently refer to this gentleman again. The next Resident at the coiu-t of Sattara was my friend Major- General Briggs. What need I say of him ? You all remember his able speech in 1841, and you have heard his masterly exposurcof the Goa plot to-day. There he sits, waiting to record his vote for a man whose conduct he had the opportunty of watching for more than four years, and whom he believes morally incapable of the crimes laid to his charge. The next resident at the court of Sattara was Major- General Ro- 200 bertson. What shall I say of him? In 1841, when standing at this table, he demonstrated that the Bombay Government broke the treaty with the Raja, by denying his sovereignty over the Jagheers secured to him by Mr. Elphinstone, and that the plots against the Raja were got up and fostered in consequence of that breach of treaty. You heard General Robertson's voice yesterday. Was it for or against the Raja ? Answer me that. Let the public of Great Britain know that General Robertson, who was for six yeai"s a daily observer of the life and actions of the Raja, has solemnly de- clared in this Court that he would sooner take a denial of the charges brought against the Raja, from the lips of that prince, than the whole of the evidence collected to co7ivict Mm. (Cheers.) The next Resident at the court of Sattara was Major-Gen, Lod wick. What shall I say of him ? This : that in him you see a victim of the same arts which have destroyed the Raja. This noble-minded man has been one of the most able and efficient exposers of the de- testable machinations of the Bombay Government. He has revealed many of the previously hidden springs of action among the enemies of the Raja. He told us of " the paper of hints." He unmasked Colonel Ovans and Mr. Willoughby. He has had the frankness to confess that he was himself deceived. In this Court, as well as in his printed letters and memorial to the Directors, (all of which are official documents, and novif before the Court,) he has had the cou- rage to reveal the secrets of the prison-house. There is not a man in existence who more firmly believes in the innocence of the Raja, or more strongly condemns the conduct of his persecutors, than General Lodwick. Here, then, are four British officers of high rank and unsullied rtputeit'ion, whose personal knowledge of the Haja ex- lends over nearly twenty years, all found among the "small knot" of persons who are pestering this Court with their clamours for justice. Who among those who have been ambassadors at Sattara is against the Raja? Lieutenant-Colonel Ovans ! The opener of letters — the suborner of evidence — the paymaster of Balkobur Kel- kur — the employer of Sukharam BuUal — the concealer of the testi- mony of Krushnajee, and the bosom-friend of Ballajee Punt Nathoo. ** A SMALL Knot." Having gone over the list of Residents at the Court of Sattara, let us come to the Court of Directors, and let us 201 begin with those who have placed on record their written protests against the Court's despatch of April 1, 1810, sanctioning and com- mending the dethronement of the Raja. Never was there a more disgraceful proceeding than that. There had been a special Court only six weeks previously, to recommend the Court of Directors to withhold their sanction until a full and fair investigation of the charges against the Raja had taken place, according to his High- ness's earnest and repeated request. Those who spoke, and who in- tended to vote, were told to wait until the evidence was before them ; but did the Directors wait ? No ; as soon as they had got rid of the proprietors, they sent out a despatch, warmly commending all that had been done. On that occasion the proprietors were juggled, de- ceived, and betrayed. (Hear, hear, hear.) But do all the Directors deserve the condemnation with which every upright man must regard such a proceeding? No ! Honour to whom honour is due. There were four men who washed their hands in innocency. Their pro- tests are on record, and their children will point to them with pride. And who are those Directors? I name them with respect, with admiration, and with gratitude. First on the list stands the vener- able Mr. H. St. George Tucker. He denounced the dethronement of the Raja as premature, uncalled for, impolitic, and unjust ; and as contrary to law, because done without the sanction of the home authorities. Next, we have the incomparable minute of the late lamented Mr. John Forbes ; a document which I cannot read without astonishment, at the profound sagacity, the statesman-like ability, the noble generosity, and the inflexible principle which it displays. (Cheers.) Summing up the evidence against the Raja, he declares it a m^ss of fiction, of forged cyphers and seals, of false entries in books, of suborned testimony, of direct perjury, the result of every artifice that great cunning, great ability, and inveterate hatred could employ; and selecting from among the traitors to the Raja the man most deeply dyed in guilt, he points to Ballajee Punt Nathoo, and says, "Thou art the man." Mr. Forbes concludes by saying, that the charges against the Raja rested on evidence on which no grand jury in England would have sent a case to trial. (Cheers.) Next, we have Mr. John Shepherd. He declares that the preamble of the conditions which his Highness was called upon to sign, entiingled him 202 in an admission of guilt, it also involved the Government in the glaring inconsistency of propounding a principle which required the strongest proof of the Raja's unvvortliiness to reign, as a necessary condition on which he was to continue on the Guddee. "Who will deny (he asks) that his rejection of the proposal furnishes presump- tive evidence of his innocence, and raises him more in the estimation of the world, than if he had ignominiously complied for the sake of retaining his sovereignty ? Mr. Shepherd has also protested against that iniquitous act of spoliation, by which the Raja was utterly de- prived of his private property, in violation of the written engage- ment of the Government, and three several assurances in the hand- writing of Colonel Ovans. Next, we have Mr. John Cotton, who declares that, however strong and conclusive the ex-parte evidence obtained against the Raja was considered to be, it was never con- templated by the Authorities, either at home or abroad, to depose the Raja without first giving him the opportunity of refuting the charges preferred in a formal trial ; or, without the express sanction of the Home Authorities. Such, in brief terms, are the opinions of the four honourable Directors whose written protests are upon the records of this House. Sir, these are a portion of the small knot. If we are outvoted to-day by the mutes in reserve, we are neverthe- less in good company, whether we look at the living, or think of the dead. (Cheers.) But I have not done with the Directors. Amongst the small knot, I find Colonel Sykes, who in 1841 con- cluded his speech in this court by saying, " As I am called upon to give my verdict, having read the papers carefully, (who amongst those by whom we are outvoted in this Court, can say that ?) — having read the papers carefully, and having heard what has been advanced against the Raja in this debate, I cannot, I confess, give credit to the charges, and my conscientious verdict must be Not guilty, on my honour." (Cheers.) And now, Sir, we have to add another honourable director to the small knot of persons, and oh, I do thank God for the truth's sake, that we have — I refer to Major Oliphant. (Loud cheers.) My thanks are little worth, but such as they ai-e, I tender them out of a full and grateful heart to that gentleman for his speech of yesterday. Newly come into the direction, I can appreciate the moral courage he has displayed in walking out of that room into this. 'J 03 ti) speak the honest seiUiineiits of liis soul upon this question. lean well imagine liis desire to avoid the causes of division and dissent; well imagine the struggle it must cost him to act in opposition to those whose views and conduct on other questions he respects ; and I can admire the firmness that rises superior to all personal con- siderations and private friendships, and leads him to take part with the small knot of persons. It is not that he loves his colleagues less, but truth and justice more, that he stands forth as we have seen him, and witli an ability which I cannot hope to equal, and with a temper which I wish from my heart I could copy, commits himself for better and for worse on this question. (Cheers.) Let him not fear the result. Let no one on this side fear the result. The hearts of all good men are with us. Judgment, Justice, and Truth are on our side. Noah was in a minority of one, when he preached righteousness to the antediluvians. See, how the ark in which the hand of God preserved him, floats above the waste of waters ! Where now are those who through forty years derided him as a fanatic, and a disturber of their sinful pleasures ! His warnings have come down to us, and he is canonized — but where are they ?^ God help us to remain an inseparable knot ! I have no fear of — I will not say of our triumph but — our success. In the distance, and not far away, I see the Raja's innocence established. I see his enemies humbled, I see our opponents here ; convinced, or if not, at least overpowered by the might of innocence and truth and justice. Sir, I have no more doubt that the Raja will again sit upon the throne of Sattara, than that my hand now rests upon the bar before me. Let directors and proprietors but be faithful, and they may smile with pity and con- tempt 'ipon the dumb votes of a few sycophantic expectants, who for a little while longer may be able to give the withholders of justice a numerical triumph. What can our opponents do? What can these lobby voters do ? Can they extinguish truth ? Can they overturn our principles? Can they prove wrong to be right; falsehood, truth; cruelty, kindness ; or condemnation without a trial, a fair judicial proceeding? But tliough we should not succeed, though the Raja should die, and we should die without seeing justice done, the senti- ments which have been uttered and recorded during the present and 204 the past day — sentiments than which I never heard any more noble > more lofty, or more jnst — these shall live. " Cold in the dust the perish'd heart may lie, " But these which warm'd them once — these, these, shall never die !" " A SMALL Knot of Persons." Turn we to the proprietors who are not directors, and whom do we see ? The Honourable Mountstuart Elphinstone. Need I tell you who he is ? Would you dare to leave to his decision the settlement of this question ? — Lord Clare, who says the Raja was right, and you were all wrong. — Sir Charles Forbes. Would he be against you, if your conduct was just ? — Sir H. Jones Brydges; who tells the Directors that they have set law and justice at defiance, by degrading, exiUng, and plundering the Raja; who tells the proprietors, in the letter I read yesterday, to relieve the Directors of a charge, for the proper execution of which they are totally unfit ; and who moreover asks if the Raja has had such a measure of justice dealt to him, as neither the Queen would dare to refuse, nor her Chief Justice dare to impede the humblest of her subjects from claiming. — Joseph Hume, Esq., who told the House of Commons that a more gross and monstrous case of injustice than this of the Raja's had never been brought to light. — Mr. John Poynder, who brings the acuteness of a lawyer with tlie spirit of a Christian to the consideration of this case. Mr. John Sullivan — but he is present; and if he were not, the mention of his name would be enough. — Mr. Charles Norris, late Secretary to the Bombay Government, a man not to be mentioned without a tribute of profound respect to his memory. — Mr. Lewis and Serjeant Gaselee, who, to go no further than their speeches of to-day, have proved them- selves ornaments of the profession to which they belong. — Mr. Salomons, who, though not with us to-day, and averse from the irksome task of appealing again to tiiis Court, has again and again declared himself in favour of all we ask — a hearing for the Raja. — Sir Gore Ouseley,General Hogg, General Clarke, Mr. Carpue, Mr. Savage, Major Hancock, Charles Forbes, James Forbes, George Forbes (all worthy sons of a most worthy sire), Messrs, Martin, Brown, Clarke, Cogan, E. S. Bain, Grant, Eastwick, (Captain) R. W. Eastwick, Malcolmson, Newnham, A. Bain Rogers, Copland, Iveson, Bellasis, and Jones, These are some of the proprietors who compose the small knot of persons. Whom have we on the other side ? Messrs. Fielden, Marriott, and Weeding, the three Thomases (a laugh), and Mr. Twining, worthy members all of that illustrious corps that goes by the name of the By-law Com- mittee ; and with them we have Sir H. Willoughby, brother of the accused Secretary, Major Clarke, and Mr. Jones, and some others whose names I know not, who belong to that class of which I spoke at the beginning, who come to this house to indulge in the noble pastime of " follow my leader." Test the small knot by the number of votes they hold. On our side T find seventy-nine, and on yours — thirty-five. It is right, I should say, that I have not included the votes of those whose names I know not. When you adopt the practice of giving us lists of those who vote on this floor, they shall shine in the starry constellation, to the full extent of their numbers and their bril- liancy. " A small knot of persons " — Shall I cany you beyond this build- ing, and in the presence of your fellow-countrymen test the accuracy of the Deputy-Chairman's scornful epithet? Shall I spread before you the petitions sent from Dublin, Glasgow, Edinburgh, Manchester, and London, to Parliament, in favour of the Raja ? But I spare you a repetition of the reproaches wiiich the public of England heap upon you. But I warn you of what is coming. The idea is abroad that you are proof against the holiest and strongest demands of justice. That idea will take unto itself form, and body, and power. You can only arrest it by timely retrogression. If you go on, your destruction is sure. You may kill the Raja, but you cannot kill the idea. If you are prepared to deny justice, prepare also for swift and sure destruction, as a governing body. A few words now in reply to the Deputy- Chairman, the sole speaker on behalf of the majority of the Directors. He says the whole of the authorities in India and England are against us. It has been triumphantly proved in the course of this debate, that every Indian authority was with us, to the full extent of our present demand — which is, that the Raja should be fairly heard in his DEFENCE. It has been proved that Sir James Carnac went out empowered to put an end to proceedings against the Raja, which the Directors in their own despatches called a waste of time, and detri- 206 mental to the character of the Governmpnt. The Deputy- Chair- man talks of authority being against us ! I tell him that the Statute Law of England is against him — that by the law of Eng- land, made expressly to meet such a case, the act of Sir James Carnac is ipso facto, null and void — being directly in violation of an explicit enactment, and that the confirmation of that Act by the Directors, was an infraction of the conditions upon which the charter of this Company is held. I do not dispute the learned gen- tleman's ability to quibble and evade, to distort and misrepresent (I shall come to the s?/;/j/j?'ess?'o «m! presently), but all unlearned as I am, I defy him successfully to deny what I am now going deliber- ately to state — and I permit him to call the standing counsel of the Company to his aid — that the Raja could not be legally dethroned, without the express command of the Secret Committee of the Court of Directors, by and with the consent of her Majesty's Board of Commissioners for the Affairs of India. The Raja was not ^xxn- ished flagrante hello — there was no critical emergency — no imminent peril — no frontier invasion — no declared hostility — there was no one cause, pretext, occasion, or excuse for the summary dethronement of the Raja. Will the world learn, without learning at the same time to execrate the doers of such a dark deed — that the noblest of men was dragged from his throne like a traitor, when his letter was before the Government, saying, " Take the management of my kingdom, and deliver me from the agonies of suspicion and perse- cution ; but give me, 'tis all I ask on earth, or hope from heaven, the opportunity of proving my innocence?" Yea, more, he was dragged from his throne but a few hours after he had said to Sir James Carnac, " Hear me, and I will submit to any punishment you may choose to inflict, if I do not answer every charge that my unknown accusers have preferred against me." Let the people of England know, that even his dethronement was effected like the cap- ture of a felon. He was taken from his couch at night — he was taken naked from his couch — no time was allowed him even to cover himself with a garment to screen his body from the chili air ; the officer is in this country who saw this done, who saw an attendant throw a cloth over him, as he was being hurried to the palankeen that was to convey him for ever from the palace of his fathers. 207 Thus was treated the man who, at any momenr, on the requisition of the Government, would have yielded up his throne, his king- dom, and his power, and gladly have purchased the restoration of his honour at the expense of all besides. This is what the Deputy- Chairman calls ajudicial proceeding. " Oh, Shame ! where is thy blush?" Now for the suppressio veii. The Secretary of the Board of Control quoted from a book the words of Captain Grant DufF against the Raja; the Deputy-Chairman also referred to the same words, and did all in his power to strengthen the house in the belief that Captain Grant DufF believed the Raja to be a man likely to do the things imputed to him. It will be in the recollection of those who hear me, that I had occasion, in 1842, when I was dissecting Mr. Willoughby's report of the Sattara Commission, to expose the mppressio veri of that report upon this very point. Mr. Willoughby in his report, now open before me, says, " We also learn from the best authority (mark the words, best autliority,) that at the time the present Raja was established on the Sattara throne, both himself and his family" — then comes Mr. Willoughby's citation — " enter- tained the most extravagant ideas, and that their expectations were proportionate, so that for a time the bounty they expe- rienced was not duly appreciated. Grant Duff's History of the Mahrattas, vol. iii. p. 483." Mr. Willoughby then goes on to say, " Perhaps in this passage a key to his highness 's conduct may be fcund." Sir, we shall presently see whether this key was a true or a false key. The real key supplied by Captain Grant Duff, or the fraudulent invention of Mr. Willoughby. I think I shall show that it was a false one, made to rob the Raja of the jewel, reputation. The general dishonesty of that report led me to suspect the fairness of this quotation, and T determined, therefore, to get the book. I did get it, and I have kept it ever since, and it is here to-day ; here in my hand at this moment. I will now turn to page 483, and read you what the author says. Remember, Mr. Willoughby expressly makes the writer affirm that the Raja himself entertained these opinions and feelings, and that in this passage may, perhaps, be found a key to his subsequently alleged misconduct. You shall now 208 see that this key was a most wicked fabrication of Mr. Willoughby's. What says Grant Duff: "The Raja Pertaub Sing was in his27th year, naturally intelligent and well-disposed, but bred amongst in- trigues, surrounded by men of profligate character, and ignorant of every thing except the etiquette and parade of a court." Here is a full stop. So much for the Raja. " His whole /«?«% entertained the most extravagant ideas of their own consequence, and their ex- pectations were proportionate, so that, for a time, the bounty which they experienced was not duly appreciated." Need I dwell upon the dishonesty of this transaction of Mr. Willoughby ? Need I say anything to increase the disgust you must feel at the mingled false- hood, cruelty, and malignity of this proceeding ? Is not the quota- tion as complete an instance, both of the suppressio veri and the siig- gestio falsi, as is to be found on record? Nay, is it not a direct falsehood, since Captain Grant DuflF distinctly separates the Raja from the rest of the family, speaking of him, as intelligent and well- disposed, and putting a full stop between him and others? Does not the one sentence refer to the Raja, and to him exclusively ; and the other to his relatives and to them exclusively ? Is there any such a word as " himself here ? But turn to page 492, and see additional proof of the suppressio veri. "The Company," says Captain Grant Duff, " charged itself with the defence of the Raja's territory, which, for a time, was to be governed under an agent of that Go- vernment (Captain Grant Duff himself), until the Raja and his people were made acquainted with business. The Raja himself was taught to expect power according to his ability to exercise it, and ill a short time laboured as assiduously as any carcoon under his Go- vernment. The entire powers of the state were delivered over to him on the oth of April, 1822, at which period the boon thus con- ferred by the British nation on the descendant of Sevijee was cer- tainly appreciated by the country generally, as well as by his rela- tions and himself." Here we find the word " himself" coupled with an encomium, but not a word of this in the report. Such is the language of this able author, who is here recording his own experi- ence while writing his history of the Mahratta nation. Now can it be believed that the Deputy- Chairman of the East India Company 209 would stand up in the House of Commons and confirm the truth of this garbled and false passage, when again quoted by the secretary of the Board of Control ! Mr. Hogg here rose and, addressing Mr. Thompson, said, You are quite in error respecting the extract which was read by my friend, Mr. Emerson Tennent, in the House of Commons. It was not the passage you have now referred to, but a part of a letter addressed by Captain Grant Duff to Mr. Elpliinstone, on the •28th of March, 1819. If you will permit nie I will read the extract. It is as follows: — " Opposed to the Raja's good qualities, he is very sly ; and this he njis- takes for wisdom. Some of the intrigues and tricks he mentions having practised during his confinement, prove that he is an adept at dissimulation. He has certainly great excuse for this ; but it has given him a taste for intrigue, and unfortunately this dangerous propensity is a weakness in which he is easily flattered." This is the extract read by Mr. Tennent, and when I rose, it was to this extract that I referred. This was the passage then present to my mind. Mr. Thompson. — That then, Sir, is the passage quoted in the House of Commons? Do I understand you aright? Mr. Hogg. — Yes, it is taken from a letter dated 1819. Mr. Thompson. — Then I stand corrected, and withdraw my remarks as far as they relate to the Deputy-Chairman, in connection with the extract made by Mr. Willoughby ; but let me come to this very extract which has been now read, as the extract used against the Raja in the House of Commons ; and let me prove that in this case, as in the for- mer, there was the suppressio vert. The letter, from which this extract is made, is on page 503 of the Parliamentary Papers, and the clause quoted, is on page 506. The letter itself is a long official report to the Hon. Mr. Elphinstone, respecting the affairs of Sattara, and the conduct of his Highness the Raja, during the few months that he had been upon the throne. I will now quote from the same letter, from the same page, and my quotations shall be the paragraphs immediately preceding the passage read in the House of Commons, and just read in your hearing ; and then I will put it to those here assembled, whether a o 210 more gross injustice was ever perpetrated towards an absent and defenceless man, than that of putting this isolated sentence before the British Legislature, as Captain Grant Duff's complete and faithful portraiture of the Raja's character. Let it be remembered, too, that the Deputy-Chairman had the letter from which this extract was made in his hands at the time, and had, therefore, the means of placing the whole truth before the House. Let every word I am about to read be weighed, and say whether this extract, when fairly made, is not a more genuine key than that of Mr. Willoughby. Do not, I entreat you forget, that this is the J?rs< report of Captain Grant Duff on the subject, and relates to the Raja's conduct during the few short months of his emancipation from profligate companions, and all the corrupt- ing influences of a state of close confinement in a Hindoo domestic establishment. The Political Agent at Sattara, thus writes to Mr. Elphinstone : — " At all times, when I have had occasion to ask explanation of any- thing that appeared improper, the Raja has shown a very uncommon degree of candour. I have never discovered his having told me a direct falsehood, although he has several times acted contrary to my injunctions, and when I knew it must have cost him an effort to avow what he had done; on the whole liis disposition, for a native, is re- marlcahly (jood. He is really yratefid for what our Government has done for him, and at present / do believe fidly intends to act at all times as he may be advised; unfortunately, however, he has a worth- less set of people about him, so situated as not to be displaced. After some months' intercourse, 1 found no difficidty in obtaining his confi- dence (partially, of course,) and he has frequently told me things which T should otherwise never have become acquainted with." " He is naturally anxious to get the management of the country into his own hands; this he frankly tells me, but he as readily admits that he has not sufficient experience for the task. He often asks when you are coming, and when the treaty is to be made : the other day, on my return from Poonah, I told him of such particulars of the plan in agitation as you thought I might Safely communicate. He said it ivas exactly ivhat he wished, and that / should see how soon he would learn everything. ' ' " On one occasion, two or three months ago, when W ittul Punt was •211 the only person present, tlie Kaja made a long speech, in which, after expressing the great gratitude lie felt for the favours conferred upon him by the British Government, he disavoiced all his late fanciful notions of being considered King of the whole Maluatta nation ; that, emancipated as he had just been from confinement, and placed by you upon his gudee (or throne, as he still would term it,) he looked upon himself as much the founder of a new state as Sivagee had been ; that, following the advice of his allies and protectors, the English Company, he tvoidd learn to govern his country with justice, and never draw a sword, but to preserve the cause of order, or to act in alliance with his friends, as you and the Most noble the Governor-general might direct; he concluded by begging that when tlie treaty was made, it might be expressly mentioned that he was to he allowed to correspond with you and me all his life wherever we might he. This I replied to by commending his GOOD SENSE, and the EXCELLENT AND WISE RESOLUTIONS he had formed." Then follows the short passage read in the House of Commons. As for the slyness and dissimulation there referred to, as the bad qua- lities of the Raja, I may observe, that I have heard them ascribed to those who sat not far from the Deputy-Chairman at the time tliis quota- tion was made; and I think, when the passages I have brought forward are duly pondered, these qualities will henceforth be considered the leading features in the composition of one who is not far from me at this moment. But let no one, therefore, believe that they would jus- tify a suspicion of treason. The Raja was dethroned and his brother Appa Sauib was, by Colonel Ovans and Sir James Carnac, enthroned in his place. On the very next page of Captain Grant Duff's letter, I find a description of this man also. I will give you the entire para- graph, and leave you to judge what the British Government and the people of Sattara have gained by the change. " The name of the (Raja's) younger brother is Sevajee, familiarly, Appa Sahib; he is an obstinate, ill-disposed lad, witli veiiy LOW vicious habits, which all the admonition of the raja (Me dethroned prince^ cannot get the better of; he is married to the daughter of Mannajee Raja Mank, of a different family from that of Kooshaba Raja." o 2 212 " Look here, upon this picture, and on tiiis, Tiie (genuine) presentment of two brothers. See what a grace was seated on his brow : Where every god did seem to set his seal. To give the world assurance of a man. * * * * Now sec the other ; like a mildew'd ear. Blasting his wholesome brother. Have you eyes ? * * « What Devil was't. That thus hath cozen'd you at hoodman-blind ? " The exiled Peitaub Sing pines in captivity at Benares : — Appa Sahib sits upon the throne of Sattara, protected by the British Government, in the enjoyment of the fruits of fratricidal treason! I deem the falsification of these records too serious a matter to be dismissed without a few additional words. Here we have two quotations ; the first made by Mr. Willoughby, the second referred to by Mr. Hogg. One, absolutely false, inasmuch as that was made to apply to the Raja, which I have demonstrated, was applied ex- clusively to others, and applied to them after an explicit commen- dation of the Raja, which commendation was omitted. The other is a quotation, alluding to the tricks and petty intrigues of the Raja's youth, and stands in immediate connection with a most honourable testimony to his every-day actual conduct. Now these are put for- ward to prove that the Raja was, in 1819, a sly, dissimulating, extravagant, and intriguing man ; and that in 1836 he was but more fully developing the propensities he had always cherished. Now these quotations are part and parcel of statements, which, taken as a whole, prove that the Raja was a noble example of a man brought up under the most disadvantageous circumstances, con- quering alike his latent evil propensities, and the habits which he had been led to form during the period he had lived amongst the most injurious associates. When his real conduct, and the actual substratum of his character are referred to, he is described as — naturally intelligent and well-disposed — as labouring with the assi- duity of the meanest clerk under his Government, to acquire a 213 knowledge, together with the habits of business — as exhibiting a very uncommon degree of candour — as avowing his faults, even when it cost him an effort to do so, rather than descend to false- hood — as acting at all times as he was advised — as readily giving his confidence to the Resident — as spontaneously admitting his own want of experience — as cherishing a strong feeling of gratitude to- wards the British Government — and, as expressing his determination to rule with moderation and justice, and never to draw the sword, except in the cause of order, and in alliance with his friends. Having for twenty years so acted, as to prove to the whole world that the character here given of «him in the first year of his escape from thraldom, was a just one, he is at last, in 1845, branded by the Deputy-Chairman as an intriguer, an adept in dissimulation, and a traitor to his allies ; and the words of Captain Grant DufF, de- scriptive of the foibles of his youth, are quoted to deepen and con- firm the stigma. Had Captain Grant DufF been correctly quoted, instead of a feeling adverse to the Raja being created, there would have been one general sentiment of respect and admiration. What think you, then, of the British Legislator, now sitting before you ? Let me give another instance of the suppressio veri. I have a copy of Hansard's report before me, containing the debate in the House of Commons on the motion of Mr. Hume. The Deputy- Chairman's speech is here, carefully revised by himself, so carefully that in reporting his denunciations of agents employed in behalf of native princes, the repetition of the denunciation is omitted, the "curses" are omitted, and the word "paid" is omitted; and they are now merely " agents," and described not as the " curse of India," but as the hane of every native power by "whom they are employed. There is certainly no suppressio veri here, it is an emendation as far as it goes, and is to some extent the suppressio falsi. Well, in this speech, General Lodwick is brought forward to condemn the Raja. Those who have heard General Lodwick here will scarcely believe this, but so it is. Here is the passage (page 22.) I will in justice to the Deputy-Chairman quote it entire. "His honourable friend, the Secretary to the Board of Control, had read a letter from Captain Grant DufF so early as March, 1819, showing that the Raja was addicted to intrigue, and was a complete adept in dissinnilation. 214 General Brigg?, when addressing the Government, states that he is tenacious of his prerogative, and is daily becoming more impatient of our control, and expresses his apprehension that he may be detected in intrigues which may lead to his ultimate ruin. General Robertson states that he knezv of the Goa Intric/tte, and General Lodwick, the fourth and last political Agent, when addressing the Government on the 18th of August, 1836, says,— " That his Highness, the Raja, is ambitious, and capable of giving coun- tenance to any conspiracy, that has the advancement of that object in view, I have no doubt. So far back as November, 1835, a devoted friend of the British Government privately reported to me that the conversation between His Highness and his particular intimates constantly hinged on the down- fal of the British Government. He further mentioned, that there were rumours of a combination, to join which His Highness was invited — adding that he very possibly might be flattered into acceding to the plot. Nothing short of the M(jh respectabilifi/ of my informant could have induced roe to give a moment's credit to their report." Again, on the 9th of September, he says, — •' That it was beyond doubt that the Raja had proved faithless to his engagements with the British Government; " — And on the 10th of September, he writes, — " Deeply as I regret the errors of His Highness, the Raja, I can discover no extenuating circumstances ;" — " And he subsequently reported to Government that the Raja had gradually increased the troops in his service, and even suggested to (Jovernment the expediency of sending additional troops to Sattara ; and lastly. General Lodwick was so apprehensive of the consequences that might arise from the unauthorised communications of the Raja, that he told him that the fate of Bajee Rao would he his own. Such, were the opinions of these officers, when on the spot, and in the execu- tion of their duty. He admitted, with the honourable Member, that they have subsequently expressed opinions of a different character, and most favourable to the Raja; and he hoped he need not add, that he (Mr. Hogg) gave these gentlemen full credit for the sincerity of the opinions which they expressed ; but he was bound to say, that 215 he attached more weight to opinions given deliberately under the pressure and responsibility of public duty, than to sentiments ex- pressed when the case of tlie Raja liad become the subject of excited, and rather angry discussion." Now, gentlemen, let me come to facts in reference to these extracts from General Lodwick'a despatches. First, mark the dates — the 18th of August, and the 9th and 10th of September, 183G. Bear these dates in your mind. On the 22nd of July, General Lodwick forwarded to Government the depositions of the two native officers, who swore that they had been tampered with by Govind Row, as agent for the Raja. General Lodwick believed those men at Uiat time. He coupled their assertions on oath with the private report of the "devoted friend" to the British Government, here spoken of. That devoted friend and highly re- spectable informant, was Ballajee Punt Nathoo. Doubting at the time, neither the Soobadars nor Ballajee Punt Nathoo, General Lodwick wrote as he did. The letter on the 9th of September was a private note to Sir Robert Grant. It was written the very hour that General Lodwick took the second depositions of the Soobadars, in which they declared that the night before, they had had an interview with the Raja, at which he had avowed treasonable designs. General Lodwick believed their story, and wrote as he did. His letter of the 10th was his official report to Government; when, still believing that the Raja had acted as the Soobadars had described, he wrote as he did. Here the Deputy-Chairman leaves off, and here I begin. Before the Commission was appointed, General Lodwick re- ceived a private paper of hints, from the Governor Sir Robert Grant, instructing him how to entrap the liaja. The job was a base one. General Lodwick felt his honour, as a gentleman and British officer, insulted by the proposition, and spurned to exe- cute his loathsome commission. General Lodwick wrote again and again to Government, to say that he could discover no trace of a plot ; but he was told in reply, that the Raja had already been reported guilty to the authorities at homo, and that the affair could not be quashed. Th# Commission was appointed ; it consisted of Willoughby, Ovans, and Lodwick. General Lod- wick entreated the Government to allow the Raja to have a vakeel, or agent, present — the Bombay Government refused. The 216 soobadars were examined ; tliey perjured theinselve>?. Untajee was examined, and confessed that he had got up the affair to be revenged on the Raja, for the non-payment of a demand. Cooshia Maloo was proved also to have been actuated by malice. Tne brothel-keeper, Purushram, was the nephew of the villain, Untajee. Ballajee Punt Nathoo, who gave his evidence in dis- guise, was guilty of prevarication on the spot, and has subse- quently been proved guilty of perjury. General Lodwick was prevented, though on the Commission, from cross-examining the witnesses. At the close of the proceedings he refused to sign I lie report drawn up by Mr. Willoughby. He was induced to do it as a matter of form, and because instructed by the Govern- ment to yield to the majority. He was called upon to give up the notes he had taken during the sitting of the Commission ; he declined ; he was persuaded, he gave them up, and they were destroyed by Willoughby and Ovans. At the close of the proceedings Mr. Willoughby exultingly exclaimed, " We shall now see what will be done to the pet Raja " General Lodwick declared, when the minutes of the Commission were forwarded to Bombay, that the evidence was worthless. He afterwards remained, from October, 1836, until June, 1837, a witness of the Raja's most honourable and prince-like conduct. He was then removed, that Colonel Ovans might prosecute the matter of Girjabaee's petition, " The reign of terror," says General Lodwick, " then began." On reaching Bombay he memorialized the Court of Directors. He then stated, that those very rumours mentioned in the paragraph quoted by Mr. Hogg, were unfounded, and proceeded from Appa Sahib, through Bal- lajee Punt Nathoo. He denied, also, the truth of the report, which he had made, upon hearsay evidence, of the raising of new troops by the Raja. In fact, the man who will read with atten- tion the evidence of General Lodwick, will see at once into the origin, the mystery, and the object of the whole plot ; and will find it demonstrated, that the most culpable parties were the functionaries of the British Government. But then, to get rid of these statements, it is insinuated in the House of Commons 217 that tliey were made in the heat of an excited and angry dis- cussion. The suppressio veri again. General Lodwick's memo- rial was written at Bombay in 1837. His other letters to the directors were penned in the retirement of the country, here. They were calm, deliberate, official documents. Those quoted in the House of Commons were written confessedly in error. After the full proof of that error came before General Lodwick, he did all that an honourable, conscientious, and Christian man could do to repair the unintentional injury. Most strenuously did he labour to bring the Directors to a sense of justice ; nobly declaring in his memorinl of December, 1837, that his own wrongs he regarded but as dust in the balance, in comparison with obtaining justice for a. prince, whose conduct had been so trans- parent and above suspicion ; that for eighteen years there had never been in the Residency at Sattara a fragment of secret correspondence — so intimate was the connection between the Sattara state and the British Government. Now, what shall we say of one, who, with the full knowledge of all these facts, brought officially before him as a Director of this com- pany — who has heard General Lodwick declare where I now stand, that to the latest hour of his life he should regret having signed the Report of the Commission, without a protest against its contents — who, from the written memorials and letters of that officer, as well as the able speeches of that officer hi this Court, (delivered with an earnestness of generous feeling in behalf of the Raja, that was as honourable to him as it was convincing to us,) must have been aware that those letters of August lyth, and Septemoer 9th and 10th, were repudiated and bitterly repented of — who, nevertheless, takes them down to the House of Com- mons, and reads them as deliberate opinions founded upon ac- curate information, and worthy to guide the judicial* decision of the last court of appeal in the cause of injured innocence ! What think you of such a man, and such a legislator? General Briggs is named as a witness against the Raja, and is brought forward in the House of Commons as such. A word regarding him. From the beginning to the end of those dis- 218 cussions, our opponents have never failed to cite a paragraph in one of my gallant friend's despatches to the Bombay Government, many years ago ; and, when I attended the debate in the House of Commons, I felt almost certain I should again hear it referred to. Now, what I am about to state, will I trust for ever pre- vent the repetition of this stale quotation. I am sure my friend General Briggs will thank me for stating, what 1 know it was his intention to make known to this Court, but which he has been prevented, through a lapse of memory or a want of time, from doing. Not previously prepared to pronounce the informa- tion upon which he formerly wrote that paragraph, false, he re- frained from noticing the frequent allusions to it in the course of these debates, while at the same time he deeply regretted that anything he had written so long ago, should be used to the injury of the Raja, instead of tangible evidence upon the specific charges brought against him. He is now prepared however to state, that his recent sifting examination of the evidence connected with the Goa plot, and above all, his detection of the machinations of the Swamee of Sunkeswhur and his agents, has revealed to him the proof, that the intrigues alleged against the Raja were in reality the intrigues of his enemy the Swamee ; and that his informant, the Brahmin Abba Josee, was the confederate of Ballajee Punt, and of his holiness the Swamee, and that they were, even at the time he. General Briggs, wrote, actively en- gaged in those intrigues, in which, owing to the credulity of some, and the dishonesty of others, the Raja was subsequently implicated. In a word. General Briggs is prepared to say that he was imposed upon, and that if he had to write that dispatch over again, with his present information before him, he would not only omit the paragraph referred to, but lay bare that Brahminical conspiracy with which he is now so perfectly acquainted. I speak in the presence of General Briggs, who will correct me if I have made an inaccurate statement. Let us then hear no more of the report of General Briggs, but when his name is mentioned in the House of Commons, let it be done with honour, as the masterly expounder of the riddle of the false seals. 219 1 find the name of General Robertson mentioned as a witness against the Raja in the House of Commons, and in connexion with the Goa plot. This is really " too bad." If I were to answer this, I should have to read three-fourths of that gallant gentle- man's speech, delivered in this Court on the IGthof July, 1841, which, like the speech of my friend, General Briggs, was an un- answerable argument, though on difterent grounds, in proof of tlie falsehood of the charge against the Raja. In that speech, too, General Robertson, I believe, notices the very fact referred to by the Deputy-Cliairman ; but only to say, that the rumour which he heard at the time he was Resident, was, on inquiry, found. to be unworthy either of credit or notice. Who next shall we have dragged into the House of Commons to condemn the Raja ? Mr. Hogg rose, and said it was unfair on the part of Mr. Thompson to make a speech upon what he (Mr. Hogg) had said in the House of Commons, seeing that there would be no oppor- tunity for hira to reply. Mr. Thompson seemed to have waited purposely for his present opportunity. Mr. Thompson said it would have been well if Mr. Hogg had remembered, when he was in the House of Commons, that the parties he then referred to had no opportunity of replying to him. But as Mr. Hogg objected to his going farther iitto his speech in parliament, he would, though he bad marked many other passages, confine himself in what he might say further, to what had fallen from that gentleman's lips the day before, in the Court of Proprietors. Mr. Thompson tlien continued : — I now come to the suppressio veri in the case of Govind Rao's confession. We have heard from the Deputy-Chairman's own lips the unqualified assertion, that the confession of Govind Rao was not only voluntary, but volunteered. My friends who have preceded me in this debate have left me little to do in tlie way of exposing the absolute untruthfulness of this declaration. At the time it was made, the Deputy- Chairman had the official docu- ments before him, proving tliat Govind Rao was sent to Alnned- nugger for the express purpose of being there made subservient 220 to the ends which Col. Ovans had in view, in reference to the petition. He had the proof before him, that the confinement was to be strict, that it was to be solitary, that the prisoner's letters were to be quietly intercepted by the judge and sent to the Government. He had the proof before him, that Sukharam liullal, the convicted liar, deceiver, and perjurer, was sent on a special mission to Ahmednugger to drag this confession from the prisoner — that emissary being previously m est intimately aware of all that was going on at Sattara. He had the proof before him, that that arch tempter was for sixteen days in close com- munion with the prisoner in his dungeon, before the scrap of paper containing the unintelligible jargon called tlie confession, was obtained. He had the proof before him, in the shape of a letter from Mr. Hutt, dated the 24th of August, 1837, that that confession was not seen by Mr. Hutt, until it was placed ready made in his hands, with the assurance that it had been written by Govind Rao himself — an assurance that would have been ridiculous, if the confession had been made, as the Deputy-Chair- inan represented, both here and in the House of Commons that it was made, in the presence of Mr. Hutt himself. He had be- fore him, also, the two really voluntary declarations of Govind Rao, made since his three years' captivity, that that confession was extorted ; and yet, in the face of this accumulated and irresistible evidence, the Deputy-Chairman, a lawyer and a legislator, could gravely tell us that the confession of this man was voluntary and volunteered ! Now, for the suggestio falsi in the case of Mr. Hutt. I put it to those who hear me, and were present previously, whether, if a stranger had entered the Court yesterday during the Deputy- Chairman's speech, he would not have concluded that a foul and calumnious attack had been made upon Mr. Hutt. (Hear, hear.) " No one," said the hon. gentleman, " however high in authority, has ever given an opinion contrary to the views of the party in this house, who call themselves the friends of the Raja, but he has been vituperated and calumniated. Why should poor Mr. Hutt expect to escape ? He did not escape. They immediately 221 fasten upon him, and say, You have made yourself the base tool of tiie Bombay Government." Mr. Hogg. — You are not correctly representing what I said. Mr. Thompson. — I beg your pardon, sir, 1 took down your words at the time, and I am too familiar with controversy and debate to doubt the accuracy of my own record. You charged us with saying, that Mr. Hutt had made himself a base tool ; and with a burst of well feigned indignation, you proceeded to the vindication of Mr. Hutt, and to the reading of his letter, written in 1845. Now, sir, in the first place I deny the general charge, that we have vituperated and calumniated every person who has taken a different view of this case from ourselves. Have we ever abused Lord Auckland ? Never. Have we ever abused any of the members of the Supreme Government ? Never. Have we ever said anything worse of any otlier persons high in authority, than that they were misled and deluded by the con- spirators who hatched the plot against the Raja ? Never. Why then all this fuss about nothing? Why this fighting with giants of your own creation ? And, then, with regard to the specific charge of calumniating Mr. Hutt. I defy the lion, gentleman to refer to any one syllable ever uttered in this Court, reflecting in the slightest degree upon the character or conduct of that officer. On the contrary, he has always been mcp.lioned with respect, as a person who showed the prisoner under his charge all the indulgence in his power. I challenged tlie Deputy- Chairman at the time, to produce his proof of the charge he brought against us ; but he declined, and went on with his vehement declamation, upon a perfectly groundless and imaginary accusation. Now, this 1 call a glaring instance of the suggestio falsi. It would have been far better for Mr, Hutt, if the honourable Deputy-Chairman had left him alone. What he said, led my learned friend to institute a comparison between Mr. Hutt's letter of 1843, and Mr. Hutt's letter of 1837 ; and lo ! it appeared that the facts slated in the latter, were utterly at variance with those stated in the former — the former, be it recollected, written on the very days when the occurrences to which they relate took place. I will not, 222 again, go over those utterly irreconcilable statements, but merely say, that I prefer the official letters written at the time, to the letter written from memory, after a lapse of five years : and I will venture an apology for Mr. Hutt — acquitting liim, as I sincerely do, of all intention to depart from the truth. My apology for him is this ; that when called upon at the beginning of the present year to answer the letter of the Bombay Government, he had not before him his letters of 1837, and that, in endeavouring to recall the events of that year, he, from pure inadvertence, fell into the errors which the learned sergeant so acutely discovered, and so ably exposed. But what shall we say of the Deputy-Chairman, who grounded all he had to say upon this last letter, when he had the whole of the documents, written at the time, before him ? His conduct is like that of a judge, who should take the vague recollections of a man, in reference to the state of his accounts five years before, in preference to the evidence of his cash-book, day-book, and ledger, at the time. And yet, such a man is a lawyer, and our Indian authority in the House of Commons ! I must notice another unsupported assertion made by the Deputy-Chairman, and it was a most monstrous one, as indeed all his assertions were. He said that Krush'najee, finding that his seven petitions to the Bombay Government were of no avail, determined to try another experiment, and therefore went off to entrap Mr. Warden. Imagine a poor and friendless Brahmin, opposed by Ballajee Punt Nathoo, Colonel Ovans, and the whole of tlie Bombay Government, going to entrap an English judge. Let us see how he baited his trap to catch this functionary. He sent him a list of charges of the most clear, explicit, and particular kind. Did the judge at once act upon these ? No. He said to the accuser, " You must send me a list of the wit- nesses and proofs you are prepared to bring forward in support of every allegation you have made. When this list is before me,, you shall hear further." What did Krushnajee do? Antici- pating, tliat at length there would be a judicial investigation, he went to Sattara, and was for four months occupied in preparing that schedule of evidence, which occupies three folio pages of 223 the printed papers now before us. And here, let me answer an inquiry boasthigly made by the Deputy- Chairman, when he ex- claimed, " Wliy were not the charges against Colonel Ovans pre- ferred before ?" I will tell him. It was while Krushnajee was in Sattara, collecting his evidence, that he first heard of these facts against Colonel Ovans. I will tell him more, — that at the times when those charges were made, and that schedule of evi- dence was sent in, the Raja of Sattara, and many besides him, were groaning under the domination of Ovans and Ballajee Punt Nathoo. The Raja found he was a helpless puppet in the hands of the Brahmin and the Resident. He saw his revenues wasted to gratify the avarice of the Brahmin and his minions, and he would have been most happy to have shaken off the yoke, and to have aided in the development of the frauds that had been committed. It is my firm conviction, arrived at upon no insufficient grounds, that had a proper inquiry then taken place, not only would the charges against the parties named have been substantiated, but there would have been such a revelation of affairs, as would have been most inconvenient to some otlier per- sons who have not yet been brought before this Court. But to return to Krushnajee's attempt to entrap the judge. He sent in his list of proofs. What then ? He was ordered to appear before the judge at Poonah. Did he go ? He did. What then ? Mr. W^arden put the man upon his oath, and said, " Tell me what you know, of your own knowledge, of the things stated in your list of charges." What is the reply of the man who sought to entrap the judge ? On his oath he says : — " I HAVE SEEN somc of the accounts of the Punt Sucheo, ivith entries in the name of Ballajee Punt, to which I allude, and will prove my assertions through them, and the depositions of his managers. The two villages, fraudulently taken by Nathoo, are in the purgunnahs of Moosekhore and Moontekhore. " The entry of 6,000 rupees in the accounts of Babboo Row Pundit, to the debit of Ram Row Survotum Amniatya, I have SEEN, and I will prove by witnesses, that Ballajee Punt Nathoo got the money. 224 " I HAVE SEEN tlie entry of 1G,00D rupees in the accounts of Gopal Row Kannaday, to the debit of Ramchundur Rao Dufflee, and I will prove by witnesses that Ballajee Punt Nathoo got this money. " I HAVE SEEN the entry in the accounts of the Punt Muntree of 500 rupees, to the debit of Ballajee Punt Nathoo ; let them be brought. " The remainder of the information brought forward by me, / will prove, by documentary and oral evidence, and hold myself liable for a failure therein, provided the Resident do not re- main AT Sattara, pending the inquiry^ In reference to the charges against Colonel Ovans, he says, " My witnesses shall be the present minister of his Highness, Appa Sahib, the Raja, and two other persons of influence in Sattara." Now the minister, called as a witness, was a man of Colonel Ovans's own selection, and the other two were parties who had always previously been in the confidence of, and acting with Colonel Ovans himself. What, then, did the judge do ? He said to the accuser, " Before this inquiry is entered upon, you must give security to remain within British jurisdiction pending the issue of the trial, and render yourself liable to two years' imprisonment if you do not substantiate your accusations." " I will do so," was the reply, and forthwith himself and a friend enter into the required recognizances. Now, gentlemen, this is what a lawyer and a legislator calls trying an experiment to en- trap a British judge ! I will now gather up the fragments that remain, and conclude. A gallant gentleman opposite, took me to task for what he called an attack upon Colonel Ovans in his absence, and to make his charge against me the more impressive, he favoured us with a little Latin : — " Absentum qui rodit amicum Qui non defendit alio culpante — Hie niger est ; hunc tu Romane, Caveto." Captain Randall. — Which you do not understand. 225 Mr. Thompson. — That was spoken like an officer and a gen- tleman, and is an observation which does you much credit. Without professing to understand it, however, I can mannge to reply to it. I have acted towards Colonel Ovans the part of an open and honourable accuser. I have duly notified him of my intentions ; I have sent him everything I have said respecting him ; and I have done all I could to induce him — even to pro- voke him — to meet me face to face in this Court. If the charge of cowardice may be justly brought against either party, I fear- lessly leave it to my hon. opponents in this Court to say to whom it is applicable. The world will judge who is the coward, when they read my statements, made in the city of London, and within a sixpenny ride of Westminster-hall, and know to what consequences I expose myself if my charges are groundless. Sir, I do not hesitate to say, that if I have not truth and justice on my side, I am a foul and infamous calumniator, and utterly unworthy of being listened to in this Court. But how is it, let me ask, that I am thus permitted to reiterate my charges with impunity, and to print them, and to send them as I do over the face of India ? My question is pregnant with meaning. Let Colonel Ovans and his friends answer it, and let the world draw the inference. One choice morsel fell from the lips of the valiant defender of Colonel Ovans, who is opposite, and who is just now in a recum- bent posture. (Mr. Weeding, who was stretched upon the seats, here jumped up, amidst much laughter.) He said, that he won- dered ny honourable friend Mr. Sullivan, had not more of the true esprit de corps than to be found in opposition to any of his old fellow-servants ! This is plain speaking with a witness ! Here we are, sitting in grave deliberation upon the conduct of parties concerned in the dethronement of an Indian Prince, and one of the judges in this case turns to another, and he says, " Really, my learned brother, I wonder that you have not more of the esprit de corps, than to express your honest opinion upon the evidence before you." Well, if the utterance of such a sentiment as this does not do that gentleman's business for him, I know not p 226 wliat will. He also said — that if it were possible to demonstrate the Raja's innocence, it ought not to disturb the decision already given. So says the Deputy-Chairman. " Once right, right for ever — once wrong, wrong for ever." I will venture to say, that if the home-secretary, or the prime minister of England, were, either of them, to act upon this maxim in the case of a transported felon, whose innocence could be proved, he would be driven from his place by the just execrations of the British people. An amendment has been moved upon my resolutions, to the following effect : " That there is nothing in the papers recently printed, which itiduce the Court of Proprietors to depart from their resolutions of the 13th of February, 1840, the 20th of July, 1841, and the 18th of June last." I think this amendment would read better, if the Secretary would infuse a little of Lind- ley Murray into it. (Order, order!) Really, gentlemen, I- think I might be permitted to say a word about the grammar of this resolution, which it strikes me is about equal to its truth and justice. The papers prove, that forgery, perjury, subornation and personation, have been among the means employed to de- throne the Raja ; but the Chairman moves that there is nothitig in these things to lead the Court to grant an inquiry, or to induce this Court to allow the unhappy exiled Raja to be heard in his defence. Sir, I cannot for a moment believe that you are aware, that the direct tendency of these reiterated amendments is, to sink this Court into an unfathomable depth of infamy. Sir, when an enlightened people shall read the debates that have taken place here, since January, 1840 — when they shall come to a knowledge of the fact, that almost every man who has rendered a reason for his conduct, has been an earnest advocate on the side of the Raja, — when the evidence that has been brought for- ward in this house, shall be calmly reviewed, and it shall be found to amount to a moral demonstration of the perfect inno- cence of the Raja ; and the almost unprecedented perfidy of his accusers — I say, when this shall be, and come it will, the majority of this Court will be held to be the enemies of their species, and the most shameless violators of the inalienable and •227 indestructible right of man — the right to a liearing when accused of crime. (Order.) You say, in this amendment, that the papers recently printed contain nothing to induce you to grant an INQUIRY ! Can you be serious ? Is it possible, that there are at this moment some twelve or fifteen Directors prepared to vote in the affirmative on this resolution ? Is it so ? Then permit me, with all possible solemnity, to remind the gentlemen on this side of the bar, that they, as Directors, are upon their oaths. Yes, gentlemen, you have each of you an oath in heaven. (Order, order !) Is it not so ? Has not each Director sworn upon the Gospels, that he will act justly, indifferently, honestly, and equally, in the discharge of his duties towards all manner of persons ? I put the question home to the conscience of every Director here, and I tell him, that however rife perjury may be in India, the violation of an oath is not regarded as a light matter in this country. (Loud cries of Order !) I have done — but only for the present. The waters of the Thames shall flow backwards from London to Oxford, ere I will cease to agitate this question ; a question, which has now ceased to be one affecting the claims of an individual, and has become an all-important and sublime conflict for the maintenance of the right to be heard. Vote as you will, here — there is a jury beyond these walls — and to that jury I appeal. (Loud cheers.) On the conclusion of Mr. Thompson's speech, a division took place; when there appeared for the original resolutions, 14; against them, 32. The Chairman's amendment then became the substantive resolution. Whereupon Mr. Lewis formally proposed his amendment. — " That it is the opinion of this Court, that the papers now before it, containing the charges and the evidence against the Raja of Sattara, be submitted to him, and that he may have an opportunity afforded him of being heard in his defence." On the question being put, — Mr. Sullivan rose and said, — Having already supported the original motion, I am anxious to state briefly the grounds upon which I am induced now to transfer my support to Mr. Lewis's amendment upon the motion of the Chair. I do so because the ten- p 2 2-28 •lency of the latter is to rivet the attention of the Court and the public to the object for which we are here this day. The simple question which that amendment calls upon you to determine is, whether you will, at this eleventh hour, afford that imfortunate Prince whom you have deposed, plundered, and banished, an opportunity of defending himself from those charges, under punishment for which he has been writhing for the last seven years ? (Hear.) This is the proposition upon which you are now called upon to say " yea" or " nay;" and I put it to the conscience and understanding of every man, whether he has heard one single reason adduced in the course of the debate, which can justify him in putting a negative upon it. (Cheers.) I listened with great attention to the speech of the learned Deputy-Chairman. I admired its eloquence and its tact, but I was totally at a loss to know what he aimed at. (Hear.) He stated his premises elaborately, but shrunk from drawing a conclusion from them. (Hear.) He told us, Ballajee Punt Nathoo was white, and Krushnajee black ; that Girjabaee's petition was genuine, and Govind Row's confession voluntary ; and that Colonel Ovans was an honour- able man : but he did not dare to insult the common sense of his hearers by telling them that these were so many reasons for denying to the Raja the right of a defence. (Cheers.) We can afford to grant him every point that he contended for, without yielding one inch of our own ground. (Hear.) I must again remind this Court, that we are not assembled here to try the guilt or innocence of the Raja, or even to weigh the evidence of the witnesses for and against him. Our simple object is, to show cause why he should be heard in his own defence ; why we are bound to redeem the solemn promise that was made, and, — as I must still maintain, though very averse to the use of strong terms — flagitiously broken by the Commission who were appointed for the express purpose of making an impartial investiga- tion into the case, and who thought they fulfilled their mission by withholding from the Raja the only means by which it was possible for him to defend himself from the charges. They did this, as the Court will remember, upon the plea that the evidence was secret; but they took care to withhold their plea, until they had got rid of the Raja. They sent him away, under the impression that the evidence was to follow him ; and they had no sooner got finally and for ever 229 rid of him, tlian they bethought themselves of tlic plea of seciesy. The evidence was secret to him only, who was punished upon it. And now let me remind those who complain of the interminable discussions on this subject, that the fault is not ours, but the fault of those who refuse to grant our most reasoiiable prayer. (Cheers.) All that has been so ably stated to-day about Girjabaec and Govind Row, Ballajee Punt and Krushnajee, and other outlandish names, would have been stated by the Raja himself, upon his defence, if you would have allowed him to make one ; but, if you will not, we are bound to speak for him, and to show you how triumphant that defence would be, and how easily he could tear to tatters all the evidence that has been collected against him. (Cheers.) I was sure that the learned Deputy would not venture to meet us on the merits of the case. He has sought shelter, as usual, in the numbers of Governors and high authorities who have approved the Sattara proceedings ; but I can follow him there, and show him, as I did upon a former occasion, that such authorities arc not infallible ; that years ago, all the authorities in India, supported by the authorities in this country, concurred in deposing the Raja of Tanjore, much upon the same grounds as they have since deposed the Raja of Sattara. That, ne- vertheless, they made a grievous mistake — that they were grossly imposed upon ; but that they no sooner discovered their error, than they hastened to amend it ; that they restored the Raja whom they had deposed, and set aside one who had by base means obtained his seat. The reasons which influenced the authorities on that occasion are particularly deserving the attention of the Directors and this Court. When the Government of India determined to re-enquire into the Tanjore case, they recorded their reasons in the following words: — Adverting to the right of the Company to interfere originally with respect to the succession of Tanjore, it is observed, " that the same right called upon them, under existing circumstances, to review the whole subject, and that if it should appear that the decision of Go- vernment had been procured by imposition and intrigue, by which the legal heir had been deprived of his rights, a declaration to that effect, followed by his restitution, would be more honourable to British justice, and more calculated to promote our political character and interests than to suffer the continuance of an imposition obtained 230 at oQr hands by sinister and undue means. It would manifest to the world that the principle of British justice is ever true to itself, and that if those entrusted with its administration should be betrayed into error, (an event not impossible even from the integrity of their own minds,) when truth shall have made its way, the hour of retribution must come, and the honour of the British name be completely vindi- cated." This was the language of your illustrious predecessors, for illus- trious I must call these men who could so magnanimously confess that they had done a wrong, and so amply redress it ; and I can only express my deep regret that their mantle has not fallen upon your shoulders. Mr. Serjeant Storks. — The important and solemn question now pending in this Court is one which deeply interests my feelings, and is one on which I feel called upon to give a vote, so conscientiously and honestly, that I may be able to reflect upon it with satisfaction, when I leave this place. Being, humble as I am, a member of this great Company, one great source of whose wealth, and one noble arm of whose power in India, is the justice of its government among the inhabitants of that great territory, I wish to ask a simple ques- tion, the answer to which may guide me to an equitable and righte- ous decision. I have come hither with no party motives, with no ex- cited passions, with none of that ardent feeling which I have seen blazing out in one place, and breaking out more gently in another. Soberly and judicially, I wish to know how this question really stands ? I have heard the charges upon the one side, and upon the other I have felt as well as heard, the vehement indignation that has been poured out, and the eloquence that has conveyed the noblest sentiments of English justice, and the purest principles of truth, while those charges have been repelled. I now wish to ask this question — To what extent are the concessions and admissions of the party on the other side, that is, the party for again confirming the sentence passed upon the Raja ? Is it conceded, or is it not, that the Raja of Sattara has had an opportunity of making a full and un- restricted defence? (Hear, hear.) I wish to know whether it is conceded by you, the Directors, or not, that the Raja has had the opportunity of examining the witneses, and, with the spirit that he 231 might feel, and the sense of justice or injury that might have ope- rated upon him, has had, ov has not had, tlie opportunity of facing his accusers / 1 wish to know whether it is matter of inference merely, that the commission was secret or open ; .or whether it is estahlished hy incontrovertible evidence that it was secret and inqui- sitorial, and that the Raja of Sattara, a prince of India (a subject I do not call him), has been hurled down, even from a throne, without having, what belongs to the meanest, basest, and most degraded of human beings — a fair trial ? (Cheers.) I ask, has there been accorded to him that which is the right of the most reptile English subject ? Let me have an answer to that plain question : let me hear a bold, a manly, a candid, and unsophisticated statement — to what extent the concession is on the other side, relative to the allegation that the Raja has not been heard. (Cheers.) I wish to sustain the power that has been concentrated in this place if I can do it, and be still an honest man ; a power which has been associated with the greatest talent, with the noblest qualities, with the most glorious heroism ; a power which has gone on growing, and increasing, and extending, until it has reared from the smallest beginnings, the greatest empire that the sun ever shone upon, and governed it to the admiration of the world. I should rejoice in the opportunity of voting to-day for the continuance of that power. But, if I am called on by you, to silence inquiry, to extinguish the light of truth, to blow out the flame of justice, to condemn without hearing, to reduce to the dust a prince whom you have not yet heard ; then let me where I stand avow my most determined opposition, and let me tell you, that I shall vote as my conscience as an English gentleman — as my love of impartiality as a British lawyer — as my natural feelings as a man — and as the justice that pervades the world, which is above all earthly laws, and which lives in the soul of every human being, dictate. (Loud and prolonged cheering.) A pause of some length here ensued, during which no answer was returned by the Chairman to the question of the learned serjeant, Mr. PoYNDER. — Sir, I hope in the name, and as the representa- tive of this honourable body, you will furnish a reply to that most solemn, emphatic, and important appeal now made, and that you will answer the question, as you will have to answer it hereafter. That 232 which is asked, is what the Court of Proprietors and the country at large expect of you, in the name of the body at the head of which you stand ; and that the question should be deliberately answered from that chair, which I have made every effort in my power to elevate you to, believing that you were well qualified to fill it, and earnestly desiring that you may maintain it with honour. The question has something so English, so moral, and even so religious in it, that I confess it has won my whole heart, and I call upon you Sir, at once to give an answer to it. After a brief pause. The Chairman said : All who are not entitled to vote will now please to withdraw. Mr. Serjeant Gaselee. — I beg your pardon. Sir! A question has been asked for the purpose of eliciting information. If you decline to answer the question, then I shall. The Chairman. — It is in my discretion whether I answer it or not. I have declined to enter into the merits of the case, and I per- sist in that view. Mr. Hogg. — If the learned Serjeant has read the papers, and con- sidered them, he is competent to judge for himself. Mr. Serjeant Gaselee. — Then, Sir, I shall feel it to be my duty to answer it, because I think in answering that question, I shall be answering the question for some other gentlemen also. The Chairman. — My only answer is, that I have distinctly de- clined entering into the merits of the question, and must contine to do so. Mr. PoYNDER. — Will the honourable Deputy-Chairman answer the question which the Chairman declines to answer ? Mr. Hogg. — I suppose the honourable proprietor (alluding to Serjeant Storks) who states that he has taken so deep an interest in the matter, has read the papers and come to an opinion upon them. His duty therefore is, to consider and decide for himself. Far be it from me to presume to dictate to the Chairman what he should do. For myself / distinctly decline to enter into the merits of the question. Each gentleman, I presume, has considered it ; I have considered it, and have come to my own conclusion, and I am now prepared to record my opinion by my vote. 233 Mr. PoYNDER. — Will any other Director have the goodness to answer the question which has been put, and the reply to which by no means involves that Director in the necessity of entering into the merits of the case. I disclaim all desire of entering into the merits at this hour of the day ; but I ask you simply to answer, whether on your consciences you can say, that the Raja has been heard in his defence. Major Oliphant. — If the honourable and learned proprietor (Serjeant Storks) has read the papers, he must have been satisfied by them, that the Raja has never had a hearing. (Loud and enthusiaistic cheering.) Mr. Serjeant Storks. — After the question having been declined to be answered by the Chairman, and the reply that has been distinctly given by the honourable Director, nothing shall force me, against every principle of justice, to vote for the motion proposed by the Chairman. In giving my vote against it, I exceedingly regret that I cannot, on this occasion, support the Court of Directors. (Cheers.) A division then took place on the amendment of Mr. Lewis. Tellers, Mr. Lewis and Mr. Weeding. The Chairman declared the numbers to be For the amendment 15 Against it 31 Majority in favour of a refusal of a hearing to the Raja of Sattara, 1 G. The following twelve Directors voted in the majority SIR HENRY WILLOCK, Chairman J. W. HOGG, M.P., Deputy Chairman W. B BAYLEY JOHN MASTERMAN, M.P. GEORGE LYALL, M.P. HENRY ALEXANDER CAPTAIN WHITEMAN RUSSELL ELLICE W. H. C. PLOVVDEN PETTY MUSPRATT FRANCIS MACNAGHTEN CHARLES MILLS. 234 SPEAKERS: In favour of the Raja, GEORGE THOMPSON JOHN SULLIVAN JOHN POYNDER RUNGOO BAPOGEE MAJOR OLIPHANT GENERAL ROBERTSON ARTHUR JAMES LEWIS GENERAL BRIGGS SERJEANT GASELEE MATTHEW CLARKE SERJEANT STORKS PETER GORDON, Against the Raja. SIR H. WILLOCK J. W. HOGG THOMAS WEEDING THOMAS MARRIOTT RICHARD TWINING CAPTAIN RANDALL. Of these only two (Messrs. Hogg and Weeding) assigned any other reason than their determination to support the constituted authorities. ARTICLES FROM THE BRITISH INDIAN ADVOCATE, Of the \2th September, 1845. We confess to a feeling of proud satisfaction in sending forth our present number. Hereafter, we trust, the Directors of the East India Company will thank God that when they would have out- raged all justice, and silenced for ever the voice of truth in the cause of injured innocence, there were twelve men found who would not yield to their mandate, but boldly uttered what we 235 this day give to the world, and thereby saved the East India (y'ompany from unqualified infamy and indiscriminate con- demnation. A heathen once exclaimed, when addressing his judge, "Strike, but hear ;" and the sentiment has been embalmed in the con- current approbation of its justice by all subsequent generations. The Great Being who created us, and who is the judge of all, did not punish the most rebellious of his offspring until he had said, " Come, and let usreason together." The just God, who saw from his lofty throne the fratricidal act of Cain, did not fix his brand upon the murderer until he had said, " Tell me what hast thou done ? Where is Abel, thy brother ?" The Divine Teacher of mankind has taught us by a parable, that the guiltiest servant is not to be condemned, until he has been called upon to give an account of his stewardship ; and we are instructed to believe, that the awards of eternity will be made upon the principle of an impartial judg- ment, and upon the contents of an open book, in which all our actions shall be written. All that the friends of the deposed Raja of Sattara ask, is a hearing for the accused. Let all who read the foregoing debate, render their utmost assistance to the men who are now battling at the India House for the inalienable right of every man to be heard in his own defence. A WORD ABOUT MR. HOGG. DuHiNG the skirmish which took place at the India House between Mr. George Thompson and Mr. Hogg, on the subject of paid agencies, the former gentleman stated his belief that the latter had once held the situation of Registrar in the Supreme Court at Calcutta ; and that while in that office, he did not dis- dain the salary, the emoluments, and the pickings connected therewith. For our own satisfaction we have had recourse to the records of Parliament, and have lighted (as honest Bunyan would say) upon a certain document, ordered by tiie House of Com- 236 mons to be printed, jth February, 1830, and numbered 4 of that year's session. In tliis Parliamentary paper, are several returns^ made by James Weir Hogg, Esq., in his several capacities, as — 1 . Registrar on the Equity side ; 2. Registrar on the Ecclesiastical side ; 3. Registrar on the Admiralty side ; 4. Registrar in the Vice- Admiralty Court ; and 5. Receiver. The salaries, emoluments, and pickings appertaining to these officesfor one year, namely, 1827, are given by Mr. James Weir Hogg himself, and are stated to be as follow, viz : — Sicca Rupees. As Registrar on the Equity side . . . 108,371 Ditto Ecclesiastical side . . 107,295 Ditto Admiralty side . . . 3,105 Receiver 9,476 Total . . . 228,247 That is to say, Mr. James Weir Hogg did, over his own signature in 1828, confess to the receipt of two hundred and twenty EIGHT THOUSAND TWO HUNDRED AND FORTY-SEVEN SICCA RUPEES, or, about twenty-five thousand pounds sterling, in return for the services rendered by him to the State during the year of our Lord 1827. This is the gentleman who now exclaims — " Paid agents are the curse of India." He speaks from his own know- ledge. Never having been favoured with a peep into the private ledger of Mr. James Weir Hogg, we shall not hazard a conjecture respecting the profits realized by this same greedy pluralist, in the way of ordinary " usance here in Venice ;" nor shall we say one word about the success, or otherwise, of large speculations in the produce of the rich valley of the Ganges ; his own modest acknowledgment, that he pocketed the sum of 228,247 sicca rupees for one year's fulfilment of his official duties, is enough to prove that Mr. Hogg has not, at every period of his life, despised payment for his services. 2;} 7 Mr. Hogg eschews vulgar things, or we would nommend to his attention an adage well known on this side of Grosvenor-street — namely, " least said soonest mended." But Mr. Hogg is a wise man as well as a polite; a word in his ear, therefore, is enough — it is this : Let him not again display his new-born aristocratic contempt for those who in the year 1845 (not 1827) receive moderate compensation for virtuous labour, or he may provoke inquiries even more unpleasant than those which were made during the recent debate ; such, for instance, as — Whether there are not certain persons whose transactions " Eastward of the Cape of Good Hope," if narrowly looked into, would not be found to have been (since the renewal of the last Charter) somewhat more extensive, than is in strict accordance with the limitations prescribed in the rules enjoined upon Directors of the East India Company? But as we have already said, verbum sat. We are not aware that Mr. Hogg is in receipt of any other emoluments for his services at the India House than — a double share of the patronage, estimated at the value of 26,000/., a salary of 500/. per annum, and his portion of tlie fines imposed upon absentee Directors. But who will say that Mr. Hogg's services in Parliament and out, are not cheaply bought for 27,000/. a-year ? NAGPORE CHARGE. One of the charges brought against the deposed Raja of Sat- tara is that of having carried on a treasonable correspondence with the ex-Raja of Nagpore, for the purpose of obtaining from that exiled prince (who is an absolute pauper, and subsists upon the bounty of the Raja of Joudpore, in whose territory he has found an asylum,) a loan of two hundred and fifty tliousand pounds, and his influence with the Sultan of Turkey, to allow a Russian army tp march through Constantinople on its way to invade India ! — the money being required to bribe Don Manoel, 238 the then governor of Goa, to introduce 30,000 troops from Europe to attack the English ! ! As a specimen of the manner in which Colonel Ovans and his confederate, Ballajee Punt Nathoo, concocted this charge, and obtained evidence in support of it, we shall refer to the case of one of the alleged witnesses, whose treatment, while his services were required by the two worthies we have named, will serve to illustrate the history of the pretended confession of Govind Rao. The witness we have alluded to is a mendicant itinerant Brahmin, of the name of Ragho Bhutt, who, in the month of February, 1838, was apprehended by Colonel Ovans at a village near Sat- tara, and was brought to the Residency. Subsequently, important evidence was sent by Colonel Ovans to the Bombay Government as the evidence of this same Ragho Bhutt. The following peti- tion from Ragho Bhutt, presented to Sir James Carnac, in the month of April, 1840, will show the means by which this evidence was obtained. We beg our readers to weigh the contents of this petition with the utmost attention. PETITION OF RAGHO BHUTT, One of the witnesses against the deposed Raja of Sattara ; Presented to Sir James Rivett Carnac, Governor of Bombay, in the month of February, 1840. " That your petitioner, in the month of February, 1838, arrived at Mahoolee, near Sattara ; and while he was with his father-in- law on the 30th of the same month, three men from Baliajee Punt Nattoo, with two Putwallas from the Resident, and four other Sepoys, with Dajiba Putwurdhun, came and carried your petitioner to the Resident, Colonel Ovans. There he was interrogated by Colonel Ovans, whether he carried any letters of a treasonable character from his Highness the Raja of Sattara. Being quite ignorant of those things, he answered that he had no knowledge respecting this matter. Your petitioner was then ordered to remain for a few days, that they might take down his 239 deposition on some important matters. Your petitioner's case was then referred to Ballajee Punt Nattoo, Dajiba Putwurdhun, and Ballajee Kasee Kibey ; (this man was the native assistant of Col. Ovans). Your petitioner was then privately asked by Ballajee Punt Nattoo, if he carried any letters of conspiracy from his Highness (the deposed Raja) to the Rajas of Joudpore and Jypoor, Scindia, Holkar, and Jaycooad. He being ignorant of these things, said he never carried such letters to any llnjus, and he had no business with such letters. They tried him by other means, such as offering rewards, grants, enams, (rent free lands,) &c., and then threatened him with punishment, such as putting him in chains, transportation, death, &c., that he might be tempted to give some information ; but your petitioner being utterly ig- norant of these circumstances, plainly said he did not know anything of the subject. That your petitioner found himself in extreme difficulty with regard to the means of support, and was actually without food for some days. While suffering under this severe treatment, he was forced by the above-mentioned indivi- duals to sign the papers, written in Mahratta, which he could NOT read ; and he has since been told, that other papers were secretly mixed with his, which were never in his possession, and, BY force, some of the above-named men held the pen, and caused the letters of his name to be written on those papers. That he was kept eighteen months in imprisonment : at the end of which period he was sent to Poonah, with orders not to RETURN TO Sattara AGAIN. (Signed) " Ragho Bhutt." We deliberately declare our conviction that the statements contained in this petition are true. We declare our solemn con- viction also, that the whole of the evidence against the deposed Raja of Sattara was obtained by means equally foul. Let no one suppose that the authorities at the India House are not as fully convinced as ourselves of the perfect innocence of the de- throned Raja. Every atom of the evidence against that unfortu- nate prince has been again and again annihilated. Do any desire to know the true reason for refusing inquiry V It is this. An 240 inquiry into the means employed to effect the ruin of the Raja of Sattara, would lead to such a revelation of the mal-practices of certain Europeans — Englishmen— and servants of the Honour- able East India Company, as would involve those parties in infamy, and render them liable to the heaviest legal penalties. The guilty parties have friends, relatives, and patrons at the India House, who are at this moment resorting to every conceivable expedient to prevent inquiry, and consequent exposure. Vain effort ! The truth will out. Every mail will bring fresh evidence of the official delinquencies of those who, for the last seven years, have been the persecutors of a prmce who, in the language of Mr. Sullivan, has had to pass. through one of the severest ordeals ever prepared for a human being, and has come forth with unsul- lied honour, and perfectly unscathed. For particulars respecting the evidence obtained from Ragho Bhutt, vide Par. papers, pp. 881 and 869, where other names are given to this witness for the purpose of misleading the government. FORGED AND GENUINE SEALS. In the speeches of Mr. A. J. Lewis and Major-General Briggs, as well as in the letter of Mr. Hume to the Court of Directors, special reference is made to certain forged seals, found in the possession of parties connected with the conspiracy against the deposed Raja of Sattara. It may possibly render the remarks of those gentlemen, and the subject generally, still more intelligible to our readers, if we place before them authentic copies of the forged seals, and equally authentic copies of the genuine ones. The first set referred to, is the one forwarded to Mr. J. A. Dun- lop, and described as having been found among the papers of Nursing Bharty, the late Swamee of Sunkeshwur. This set consists of Jive seals. Two large ones and three small ones. The inscriptions on the large ones are the same. The inscriptions on the small ones also are the same. Fac- similes of the whole five are before us ; but as in form and inscription they are in all re- spects alike, one copy of each will be sufficient for our purpose. 241 FORGED SEALS IN POSSESSION OF THE SWAMEE. The following is the large seal. a^ The inscription upon the above is in Sanscrit, as follows : — Ra.ta Shahoo Nerputty Hersh Nidan Sadasew Ba.iee Row Mookee Pradhan. Which being translated, is, " Sadasew Bajee Row, the Prime Minister of Shahoo Raja, King of Men." The following is a copy of the small seal : — The description on the above is, " Sekhun Sffma ;" or, " The End." a 242 In reference to the inscription on the first, or principal seal, called Sicca, General Briggs remarks :— " These are the words (excepting the name) which have been ordinarily used by the Peishwas (or Prime Ministers of the Sat- tara Rajas) during a very long period. In the case of the late Bajee Row, instead of the words " Sadasew Bajee Row," the words were " Bajee Row Ragonatt," The seal before us is one purporting to be the seal of" Sadasew Bajee Row (or the son of Bajee Row) the Prime Minister of Raja Shahoo," and is said to be the seal of the deposed Raja ; but the deposed Raja's name is Pertaub Shean. There is not, therefore, upon the seal, for- warded by Mr. Dunlop to Government, as the seal of the de- throned Raja, a single word that is applicable to him ; or would ever be put upon a seal used by him or for him. But further. My historical knowledge enables me to bear testimony to the fact, that there never was such an individual as Sadasew Bajee Row in the family of the Peishwas, and that from the time of the first Peishwa, Ballajee Vishwanatt, there is not to be found an individual of the name of Sadasew Bajee Row at all. The only person of that name was a son of Chimnajee, the cousin of the first Bajee Row, and he was slain at the battle of Paniput, in 1760. There never was a person of that name in the family. Well, sir, these papers and seals were found, — where ? They were found in the Mutt, or hermitage, as it may be called, of the late Swamee of Sun- keshwur. Now, I have asserted, and I think proved, that these SEALS ARE NOT THE SEALS OF ANY PERSON LIVING, OR WHO EVEB DID LIVE ; AND THEY MUST CONSEQUENTLY BE FORGED SEALS." We will now give authentic copies of the large and small seals (the Sicca and Mortub) of Pertaub Shean, the deposed Raja of Sattara. These seals were the State Seals of his Highness, from the year 1819 until his dethronement in 1839. They were left at Sattara, and were in the possession of Colonel Ovans, and would at any time have proved the forgery of those produced by Mr, Dunlop. 243 GENUINE SEALS. 5J1CCA. MOETUB. 2^ The inscription on the large seal is as follows : — " Gowrie Nath Wurprapta Shalioo Raja Otma Junmunha, Moodra Pretaper Singwursher, Bundra Surwurtra Rajitee," and has been translated, " By the favour of Gowrie and Ishwur, the seal of Pertaub Shean Raja, the son of Shahoo Raja, obeyed by all, or commanding all." The inscription on the small seal is : — " Muryadi yem ve Rajiti," and means, " Let all be done accord- ing to these orders." Copies of the forged seals, above given, having been sent to his Highness the deposed Raja, he addressed a letter through his secretary, to Rungoo Bapogee, his agent in London, dated Benares, 27th of March, 1844 ; from which the following is an extract : — " Such a person as Sudasew Bajee Row is quite unknown to us. Tne first to whom the dignity of Peishwa was granted was Balajee Vishwanath, who had two sons, the elder of whom was called Bajee Rao Bullal, who succeeded his father as Peishwa. I enclose you a list of all the public officers of the Sattara state who have fiJled this high situation. The second of Balajee Vish- wanath's sons was called Chimnajee Bullal, whose only son was " Sudaseiv Chimnajee" otherwise called Bhow Sahib, who held a subordinate situation in the Raja's service for a short period. He accompanied the Mahratta army, under Vishwas Rao, to Paniput, where, as is well known, he was slain in the battle Q 2 244 with the AfFghans, in the year 1760, I have searched the re- cords, aided by the most experienced Karkoons, with the view of finding, if possible, the name of Sudasew Bajee Row as Peishwa, but none such is to be found. " The office of Peishwa, during the reigns of the first three Mahratta sovereigns, having been given to persons of different families, their names are not here mentioned. " Shahoo Maharaj Chuttraputtee, (king or emperor,) the First. " Peishwa 1. — Balaji Vishwanath. " Peishwa 2. — Bajee Row Bullal. " Peishwa 3. — Ballajee Bajee Row. " Ram Rajay Chuttraputtee. " Peishwa 1. — Ballajee Bajee Row. " Peishwa 2. — Mahdow Rao Bulal. " Peishwa 3. — Narain Rao Bulal. " Peishwa 4. — Ragunath Bajee Row. " Shahoo Maharaj, Chuttraputtee the Second. " Peishwa 1.— Mahadow Rao Narain. " Peishwa 2. — Bajee Rao Ragunath. " Peishwa 3. — Chimnajee Mahdow Rao. " Shreemun Maharaj Chattreeyer Koolarwurtu- RousE, Rajushiri Pertaub Sing Chuttraputtee (king or emperor), the ex- Raja. " Peishwa 1. — Bajee Row Ragunath. " Peishwa 2. — Vinaek Row." We come, now, to the second set of seals, found amongst the papers obtained by Colonel Ovans from a gang-robber of the name of Balkoba Kelkur, on payment of 40/. and the promise of a free pardon. On this subject General Briggs remarks : — " The documents which were purchased by the Resident of Sattara, consisted of thirty- eight pieces, and were sold as I have 245 said, by a captain of banditti for iOL, though they had been pawned for 30/. ; but there is this very extraordinary circum- stance connected with these papers, which I am sure must strike everybody as strange, namely, that tliey consist mainly of letters alleged to be written by two parties to each other. They pur- port to be the original letters, bearing the seal of the Raja of Sattara on the one hand, and the seal and signature of the Go- vernor of Goa on the other. They are termed original documents, which, instead of being in the hands of the parties who ought to have received and retained them, are found in a pawnbroker's shop in the Concan, left there by a gang of robbers, and 50/. raised on them, but which were given up for the sum of 40/. Now, I repeat it again, this is a very extraordinary fact. How comes it that these letters, instead of being in the possession of the Raja of Sattara in the one case, and the Governor of Goa in the other, happen to be found together in the same place, and in such very disreputable hands ? Tlie letters from the Go- vernor of Goa, too, I beg to observe, are not addressed to tlie ex-Raja, Pretaub Shean. Consistently with this, also, the seal is not in the name of the ex-Raja, but in that of one Seevajee Raja. The seal of Seevajee is in the Record Office at Sattara, and it might have been compared if deemed requisite with the seal which has now been put forward and produced by Colonel Ovans, purporting to be that employed by the ex- Raja Pertaub Shean in this conspiracy. Without inquiring into the inscription on the seal, which does not correspond with the original, the shape is even dissimilar, the seal now produced being round, while that of the ex-Raja, as well as that of Seevajee, are both octagonal. Suffice it to say that, as they are not of the correct shape, they cannot be fac similes of the original seals. It must be admitted, therefore, from these circumstances, that these seals must have been fabricated, and we are not left in doubt as to the fact, for Balkoba Kelkur, the captain of the gang, says with regard to them, that the late Nago Dew Rao, the head conspi- rator, told him they were manufactured at the town of Pedney in the Southern Concan. Now, sir, what an important fact is 24G this! Here are these seals, brought forward as condemnatory of the Raja, and as being his seals, acknowledged by one of the parties themselves, and one of the principal witnesses against him, as having been manufactured by Nago Dew Rao, at a town called Pedney !" We shall now give authentic copies of these — FORGED SEALS, PURCHASED BY LIEUTENANT COLONEL OVANS, OF BALKOBA KELKUR, A Gang Robber, For the sum of forty pounds sterling and a free pardon. The inscription on the larger seal is as follows ; — " Raja Seevajee Chuttraputtee. Adhar-hatti jaiwuntin tul- war :" and has been translated, " Raja Seevajee, king or em- peror, holding in his hand the sword of Victory, or his victorious sword." The inscription on the small seal has been translated, " Let all be done according to these orders." By the former of these inscriptions it appears that these in- struments were intended to represent the seals used by the great Seevajee Raja, who reigned over the Mahratta empire about 160 years ago. The following copies of the seals really used by See- vajee Raja have, however, been forwarded to England, and an inspection of them will show that there is not the slightest re- semblance between them and those produced by Balkoba Kelkur, either in shape, or in the inscriptions which they bear. 1. Small Seal. COPIES OF THE IMPRESSIONS OF THE ORIGINAL SEALS. The Sanscrit inscription on the larger of these seals is as follows : " Prutipud ^chandrareke Wawerdavishnoo Vishwa Vundeta Shasuno Sewarajese rusaumoodra Bhudrayer Rajate," and has been translated, " Like the increase of the new moon from the first day, so all the world obey and worship the seal of Sevajee Raja, the son of Shahjee Raja." Even had the seals produced by Balkoba Kelkur corresponded exactly with those of Seevajee Raja, which they were intended to represent, the use of instruments in the Goa intrigue, different from those usually affixed by the Raja to state papers, would have been inexplicable. 248 We cannot dismiss, for the present, the subject of the forged seals, without offering our best thanks, on behalf of the deposed Raja of Sattara, to Joseph Hume, Esq., M.P., to Rungoo Bapojee, the faithful agent of his Highness, and to W. N. Nicholson, Esq., Barrister at Law (the author of a very able analysis of the Sat- tara Papers,) and Major General Briggs, whose labours have so greatly contributed to the elucidation of this very important part of the case. We shall shortly have occasion to lay before our readers the proof of Colonel Ovans having been privy to the existence of treasonable documents, to which the genuine seals of the Raja had been affixed by a band of conspirators, who had bribed the parties in charge of the Raja's household treasury, and so obtained the means of using his Highness's state seals ; and that Colonel Ovans was offered by his own native agent, one of the documents bearing the impression of these genuine seals, and declined it, from a fear lest the Raja might be able to prove the manner in which the seals had been obtained ! Such a document, if ge- nuine, would have been condusioc proof of the Raja's guilt. If- the work of a conspirator, it was equally a proof of the existence of a party, seeking, by the most atrocious means, the destruction of the Raja. We write advisedly when we say, that the Bombay Government have at this moment in their possession treasonable documents bearing the impressions of the genuine seals of the deposed Raja of Sattara, and that they have neither produced them as evidence against the Raja, nor instituted any inquiry into the maimer in which they were fabricated. The history of these instruments, however, will ere long be before the public. IMPEACHMENT LIEUTENANT-COLONEL C. OVANS. EAST INDIA HOUSE. A General Quarterly Court of Proprietors was held at the India House, on Wednesday, the 24th of September; Sir Henry Wil- lock, K.L.S., Chairman of the Court of Directors, in the chair. Ou this occasion, the Court of Directors had ordered a number of the servants of the House to guard the entrance to the strangers" gallery, and to exclude every person not a Proprietor (the gentle- men connected with the public press excepted; from the Court. A board was also placed at the door by which the Proprietors usually enter, announcing that the Court was closed against all holders of stock of a less amount than five hundred pounds. A long and angry discussion took place in the Court of Directors previous to the hour for commencing the business of the General Court, relative to the conduct of the majority of the Directors in issuing the orders to which we have referred; the Deputy Chair- man and others, however, adhered to their determination that strangers should be utterly excluded. On the chair being taken at twelve o'clock, — QUI'.STION OK PRIVILEGE. Mr. Sergeant Gaselee rose to speak to the question of privi- lege, and in the strongest terms condemned the conduct of the Di- rectors in excluding the public, and violating the rights of Pro- prietors by putting up the board then at the entrance to the Court. 250 The learned gentleman referred to the Charter of the Company, in proof of the right of Proprietors of all amounts of Stock to be pre- sent at General Courts, and argued, that the By-law excluding holders of less than five hundred pounds of capital stock was illegal, and therefore null and void. He moved that the door of the Court should be thrown open. Mr. Thomas Marriott seconded the motion, stating at the time, that he had no wish to exclude strangers. The Chairman said, the gallery had been closed in consequence of a circular having been issued by a Proprietor (Mr. Gordon) previous to the last Court, inviting the public generally to be pre- sent, and therefore some check was necessary, lest the Proprietors should find themselves excluded by the influx of strangers. Mr. Thompson condemned the whole proceedings. The Di- rectors had no right to take the steps they had done, without con- sulting the proprietary body. They ought to have asked leave. That Court was beyond their jurisdiction. The exclusion of strangers would make the Court a Star Chamber and an Inquisi- tion. As for the board at the door, it was in direct contradiction of the explicit provisions of the statute, and had he been a small Proprietor, and had found himself shut out, he would have gone immediately to Westminster, and have returned with a Mandamus in his hand, compelling the Court to admit him. He accused the Directors of sanctioning gross and brutal libels in a demi-oflBcial monthly publication, in which even the ladies present at the former Court had been indecently assailed, though quite as respectable as any related to the Directors themselves. Tyranny and despotism would overreach themselves, and bring infamy and ultimate anni- hilation upon the Directors. It was not ruin, but reformation, which he (Mr. Thompson) sought, and he therefore entreated the Proprietors to reverse the decision of the executive, and to throw open the doors. Mr. Hogg, the Deputy Chairman, declared that it was never intended to exclude the public, but merely to require some gua- rantee of the respectability of the parties admitted, as was done at the House of Commons. The gallery door was subsequently opened, and the motion of Sergeant Gaselee therefore withdrawn. 251 IMPEACHMENT OF COLONEL 0VAN8. Mr. George Thompson, — Sir, the object of ray rising to address you on this occasion, is, to induce the Court to consent to the ap- pointment of a select Committee to inquire into the conduct of a public officer of the East India Company. The officer to whom I allude is Lieutenant- Colonel Charles Ovans, of the Bombay Army, late Political Resident, or Representative of the British Govern- ment, at the Court of Sattara. I am aware, that the notice I have given would justify a belief, that lam about to prefer, in a formal manner, certain charges against that officer. It would have been easy for me to have done so ; but after a very careful consideration of the subject, I have come to the conclusion that I shall be acting more in accordance with the ordinary course of an investigation like the present, if I confine myself, in the first instance, to a brief statement of the facts of the case, and conclude with a motion for the appointment of a Committee to inquire into those facts, and to report thereon to this Court. Although the papers which contain the entire case I am about to bring before you, are in the hands of the Proprietors, yet, it would, perhaps, be unreasonable to expect that they should be able, on the spot, so to test the accuracy and fairness of my references, and so to weigh the justness of my infer- ences, as to feel justified in at once pronouncing judgment upon the conduct and character of Colonel Ovans. Some of the facts I am about to state are familiar to the Members of this Court, having been frequently before referred to. Others may be altogether new ; and others, again, though not previously unknown or unnoticed, may have been viewed in a very different light from that in which they have presented themselves to my mind. At all events, they have never yet been presented in a collected and consecutive form — have never been made the ground of specific and formal allegations, for the purpose of eliciting the deliberate opinion of this Court upon the official conduct of Colonel Ovans, It has appeared to me, therefore, that courtesy and fair dealing, no less than the gravity and importance of the subject, demand that I should in the first instance present to this Court what I may call a prima facie view of the case. Having done this, it would be competent in me to give notice of the charges I intended to found upon the expartc 252 evidence laid before the Court ; and if, in going into these charges I brought forward no new matter, I should stand acquitted of pre- cipitation, or of having in any way taken the Court or Colonel Ovans by surprise. I have resolved, however, to adopt a course which will put it in the power of this Court to take the inquiry into their own hands, and by so doing, to have the utmost possible se- curity for the fair and impartial prosecution of the inquiry. My present object then, is, to show cause why such an inquiry should take place. This object I shall seek to accomplish by placing be- fore you certain incontrovertible facts. These facts will be of a nature to admit of easy, immediate, and satisfactory investigation, I shall lay you under no necessity to call witnesses. I shall not oblige you to search voluminous manuscript records ; I shall not per- plex you, by placing before you the doubtful and conflicting evidence of natives, even when that evidence is to be found in a printed form in the papers now before us, I shall make Colonel Ovans the nar- rator of his own acts, and, in most instances, the expounder of his own motives. There will be only one question of fact for you to determine, and that will be, whether certain documents, bearing the name of Colonel Ovans, supplied by the authorities of this house, and bearing the imprimatur of the Imperial Parliament, are correct copies of genuine documents emanating from Colonel Ovans, during the time of his administration of the affairs of Sattara. Sir, before I proceed, I must be permitted to state that the in- quiry upon which I am about to enter is one of deep importance. It nearly concerns the character of an officer of this Company, who has filled a high appointment, and who has been intrusted through a series of years, with almost unlimited power over the destinies of a large number of human beings; an officer who, justly or unjustly, has been the almost sole instrument of dethroning a Prince of high reputation and rare virtues, and of enthroning another, who is at this moment living under the protection and favour of the British Government. For many years this officer has been the Represen- tative of British authority at a Native Court. Our Representative, your Representative, and mine; nor ours alone— the Representa- tive of the Monarch and people of this country, as well as of the 2r)3 East India Company ; — by the measures he has taken, by the in- formation he has furnished, and by the advice he has tendered, has for a long period influenced the affairs of a distant nation. On almost every page of these voluminous papers, I see the evidence of the almost paramount sway exercised by this officer over the coun- cils of an important branch of the Indian Government. I am about to call upon you to examine into the nature of the measures he adopted, the character of the information which he afforded, and the kind of advice which he offered, to guide the deliberations and determine the decisions of the Government under which he acted. An able predecessor of this officer, when called upon to reply to certain questions put to him by the Government of this country, relating to the qualifications of Residents at Native Courts, has ob- served that, " A dishonest envoy is the worst of traitors, as a foolish one is a calamity and a reproach." It is equally indisputa- ble that an enlightened and upright envoy must be a blessing to the country he visits, a credit to the Government he serves, and the means of exalting the reputation and influence of the nation to which he belongs. It will be for you to say, at the close of this inquiry, to which of these classes of envoys Colonel Ovans belongs. The present investigation is important, inasmuch as it involves the justice or injustice of the sentence pronounced upon the Raja of Sattara, and consequently the character of the Government by whom that sentence has been pronounced and car- ried into effect. If that sentence shall be found to have been a just one, then let it stand. The more rigorous the inquiry, the more complete will be the manifestation of its justice, and the more hearty and permanent the verdict of approbation pronounced upon it. But, if it was an unjust sentence, and still more, obtained by base, fraud- ulent and foul means, it must and will remain a stigma upon our national character— a stigma that can only be effaced by reversal and ample reparation. Such is the nature of the inquiry. It relates to the character and conduct of a British officer, to the sen- tence passed upon a Prince and a people, and involves the reputa - tion of the British name throughout those wide dominions which we are permitted to govern, in trust for the Crown, and responsi- ble to God. 254 Lieutenant- Colonel Ovans entered the service of this Company in 1809. In 18-20 he was employed upon a survey of Guzerat ; in 1825 he was engaged in Kandeish ; in 1831 he visited England on furlough, and on his return to India, was promoted to the situation of Quarter-Master-General of the Bombay Army. In 1836 he was associated with Mr. Willoughby and Colonel Lodwick, on a Com- mission to inquire into a charge against the Raja of Sattara, of attempting to corrupt the native troops, serving under the British Government in India. He returned to his military duties at Bom- bay, and on the 6th of June, 1837, was officially notified of his ap- pointment to the situation of Acting Resident at Sattara, in the place of Colonel Lodwick, who had been called upon by Sir Robert Grant, to apply for a sick certificate, in order that the Governor might put into his office a person of greater tact, dexterity and energy. In 1818, Pertaub Sing, the deposed Raja of Sattara, having been released by the British Government, from the state of con- finement in which he had been kept by the Peishwa, was placed upon the Gaddee of Sattara, as the Representative of the ancient Princes of the Mahratta country ; one of the objects of the Govern- ment being, to establish a counterpoise to the remaining influence of the former Brahmin Government. The Raja is described by those who found him in the field of battle, as having shown the utmost joy at being taken to the camp of the British, and as having expressed the utmost confidence in the generosity and good faith of our Government. Mr. Elphinstone, in a letter to Captain Grant, 8th April, 1818, (p. 508,) speaks of the young Raja, as having given "proofs of a good disposition, and a sound understanding;" and Sir John Malcolm, after an inspection of the Sattara territory, eleven years afterwards, speaks in the most favourable terms of the character and conduct of the Raja, since he had been intrusted with the entire administration of the affairs of his principality ; and in a Minute penned on the 22nd of February, 1829, says, " the mere loss of revenue that has attended the establishment of the princi- pality of Sattara, is compensated tenfold, by the reputation we de- rive from the act, and by the scope we have afforded to the exercise of talent, and the attainment of rank and consideration to a large and prosperous population." 255 On the 25th September, 1819, a Treaty of perpetual friendship and alliance was concluded, between the Raja of Sattara and the British Government. I shall read the second and sixth articles of that Treaty, as referring to the position of the Agent or Resident at the Court of his Highness. " Article 2. The Raja, for himself, and for his heirs and succes- sors, engages to hold the territory in subordinate co-operation with the British Government, and to be guided in all matters by the advice of the British Agent at his Highness's Court. " Article 6. The Raja shall ultimately have the entire manage- ment of the country now ceded to him ; but as it is necessary, on account of the recent conquest of the country, that it should at first be governed with particular care and prudence, the administration will, for the present, remain in the hands of the British Political Agent. That officer will, however, conduct the Government in the Raja's name, and in consultation with his Highness ; and in pro- portion as his Highness and his officers shall acquire experience, and evince their ability to govern the country, the British Govern- ment will gradually transfer the whole administration into their hands. He will, however, at all times attend, as above agreed, to the advice which the British Political Agent shall offer him, for the good of his State, and for the maintenance of general tranquillity." Were it necessary, I might quote numerous passages from the letters of Mr. Elphinstone to Captain Grant, who was the first Re- sident, and from that officer to Mr. Elphinstone, for the purpose of showing in what manner the duties of Agent and Resident were to be discharged. It was enjoined upon the Resident to treat the Raja with the utmost respect and deference, to avoid all interference, except where it was absolutely necessary ; to be the friendly adviser of the Prince in all matters connected with the welfare of the State, and his own honour and character ; and to do all in his power to render the Raja popular among his subjects, and to establish him firmly on the throne to which we had elevated him. Every letter from the Resident to Mr. Elphinstone, is replete with the proofs of the Raja's profound regard for the friendly counsel of his European adviser j and subsequent Residents have affirmed, that the friendly injunctions of Captain Grant, were observed with a degree of re- 256 verence absolutely religious — as unalterable laws for the regulation of his conduct; and that he never mentioned the name, either of Mr. Elphinstone or Captain Grant, without an expression of his ex- alted esteem for their character, his gratitude for their counsel, and his fixed determination to act according to their wise recommenda- tions. Happy would it have been for the Raja, and most fortunate for the name and honour of the British Government, if every Governor and Resident had trodden in the footsteps of these distin- guished men. I have already stated, that previous to Colonel Ovans's appoint- ment as acting Resident at Sattara, he had been a member of the Commission, sent in October, 1836, to Sattara, to investigate a charge against the Raja. As a member of that Commission, he pronounced the Raja guilty of tampering with two native officers of the 23rd regiment. In conjunction with Mr. Willoughby, his brother Commissioner, he refused on that occasion to pay the Raja any outward mark of respect ; he resisted the endeavours of Colo- nel Lodwick to obtain for the Raja the services of a Vakeel during the inquiry ; he prevented the cross-examination of the witnesses ; he obtained the destruction of the notes taken by Colonel Lodwick during the sitting of the Commission ; and he finally united with his Civil colleague to induce Colonel Lodwick to sign the report of the proceedings, well knowing at the time that Colonel Lod- wick regarded the evidence as utterly worthless. I shall not now dwell upon the conduct of the Bombay Govern- ment in appointing to the situation of Resident, a person who had previously pronounced the Raja guilty, upon the evidence of self-convicted perjurers, of the heinous crime of attempting, by the corruption of our troops, the destruction of the English in India, and the overthrow of our Government ; neither shall I at present go into the details which would be necessary, to bring to light the artifices and falsehoods which were resorted to, for the purpose of effecting the removal of Colonel Lodwick from Sattara ; neither shall I now dwell upon the extraordinary fact, that the alleged Petition of Girjabaee was kept, from the 6th of March to the 13th of June, in order that it might be committed to the hands of Colonel Ovans. Suffice it to say, that while 257 Colonel Lodwick was rcmovecl, upon llie declared ground of hav- ing lost the confidence of the Rajn, a man was appointed, who had secretly declared his conviction of the Raja's guilt, and who was specially instructed to he distant and reserved in all his communications ivith the Raja ; and who, acting upon his in- structions, informed his Government that he had resisted the Raja's attempts to throw himself into his hands. It is a dark and most distressing chapter in our Indian history, which records the transactions of the Bombay Government, from the period of the misunderstanding with the Raja, on the subject of the Jagheers, down to the appointment of Colonel Ovans, and his arrival at Sattara. I proceed at once to the official conduct of Colonel Ovans. I. — Subornation of Evidence against the Ra.tv. Colonel Ovans arrived at Sattara on the 15th of June, 1837, and commenced his official duties on the following day. These papers enable me to state with certainty, what was the earliest official act of this officer, I have shown you, that by the Treaty existing between the two Governments, he was bound to be the friendly adviser of his Highness the Raja, for the good of the State over which that Prince presided, who, by the same Treaty, could not act, except with the concurrence and approbation of the Resident. Bear in mind, that for nineteen years the Raja had so conducted himself, as to merit from all persons connected with the Government of India, eulogiums higher than any that ever before had been pronounced upon any native Prince ; and that the testimony of the retiring Resident was, that until the Raja had been long and grossly deceived by the Governor of Bombay, and had therefore resolved to send an agent of his own to England to represent his treatment, he had conducted himself with perfect good faith, and firm reliance on the British Govern- ment. Remember, too, that during those nineteen years, there had never been in the archives of the Residency, a fragment of secret correspondence respecting the affairs of Sattara. Let me now show you what was the first act of the new Residt-iit, Colonel Ovans. The circumstances I am now going to relate, will fur- 258 nish a very important clue to the manner in which the evidence against the Raja was obtained. It appears that in the month preceding that of Colonel Ovans's arrival at Sattara (namely in May, 1837) a Brahmin lad of the name of Pandurung Punt, the servant of a British officer, made several overtures in person, to Lieutenant Home, then attached to the 8th Regiment of Native Infantry. These overtures were in the name and on the behalf of another person of the name of Bhow Leley, and were to the effect, that if a large sum of money was advanced by the British Government, and a guarantee of personal safety given, certain treasonable documents would be produced, bearing the signature of Govind Row and others, implicating the Raja of Sattara in a treasonable conspiracy. This Pandurung Punt afterwards had an interview with Captain F. Durack, the Line Adjutant, and deposed in writing, that Bhow Leley was prepared, on condition of a present payment of 1000 rupees (100/.) and a subsequent present of a lakh of rupees (10,000/.) to produce a treasonable document in the handwriting of Govind Row. Pandurung was told to send his principal, Bhow Leley, and accordingly Bhow Leley came, and repeated the offer he had made through the boy. These occurrences took place while Colonel Lodwick was the Resident at Sattara, and in virtue of that office, the Com- manding Officer of the British troops, but were not communicated to him. On the arrival of Colonel Ovans, however, they were instantly made known to him, and he at once gave authority to Captain Durack to give Bhow Leley the sum of 200 rupees (20/.) to pay the expenses of his trip to the place where the treasonable documents were said to be ; he also directed Captain Durack to pass a note, to the effect that he (Bhow Leley) would be rewarded by the British Government according to the extent of the services he might afterwards perform. Such was the first act of Colonel Ovans, on the mornmg of the 16th of June, the very day of his assumption of the office of Resident at Sattara. According to his instructions, Captain Durack on the same day gave to Bhow Leley 150 rupees (15/.) and a written guarantee that he should be adequately rewarded for all the information he might procure " of a certain nature." At the expiration of a month this man 259 returned, and reported to Captain Dnrack that he had failed in his enterprise; — Captain Durack would have dismissed him, but he was told by Colonel Ovans to give him another trial, as he yet might be found useful. Here, then, we have an offer made to a Lieutenant at Sattara of treasonable papers. There is a Resident at the Court of the Raja, who is also the Commanding Officer, but the fact is wholly concealed from him. Several in- terviews take place, all equally secret and unauthorized. At last, the man Bhow Leley sees the Line Adjutant, the Staff Officer of Colonel Lodwick, and repeats his proposal to him. He also conceals the fact from his superior, the Resident. The moment Colonel Ovans arrives, he is informed of all that has taken place, and without a moment's hesitation, he authorizes his own Staff Officer to enter into a bargain with the man — to pay him a large sum of money — and to give him a written assurance, that he shall be rewarded " in proportion to his services." What ai'e the services he has to perform ? He is to produce papers which will criminate the Raja. The man who offers to do this, is all un- known to Colonel Ovans ; unknown to Captain Durack, and un- known to Lieutenant Home; but he nevertheless receives at once, a sum of 15^. sterling, a pledge of indemnity, and a written assurance of future reward in proportion to the services he may render; that is, in proportion to his ability to enable the Resi- dent to criminate the Raja. What is the nature of this act ? Is it not direct subornation ? What can be a greater aggravation of the criminality of this act, than the fact, that it was committed by one who was bound by a treaty to be the friendly adviser in all things of the Prince whose destruction was thus aimed at ? and that it was the first act of his official career ! What hot haste, what extraordinary avidity do we find here ! Without a moment's reflection, without any examination of the vile instru- ment who proffered his services, without the slightest knowledge of his character, his avocations, or his motives — Colonel Ovans at once closes with his offer, retains him by a present fee, and degrades his own Staff Officer by requiring him to pledge the British Government to reward this man in proportion to the suc- cess of his detestable schemes ! Imagine the Raja receiving and R 2 260 welcoming as his friend, his counsellor, and coadjutor, as the successor of Elphinstone and Grant, and Briggs and Robertson, this same suborner of testimony, Col. Ovans ! Read the account which Colonel Ovans has himself given of the frank confiding manner of the Raja on that occasion — offering to throw himself wholly into the hands of the Resident — protesting his friendship for the British Government, and his willingness to die to prove his sincerity — and then revert to the scene of the 16th — to the first act of this friendly adviser, who has given a wretch 130 rupees to pay his trip in search of papers for the purpose of helping that adviser to hurl this noble and unsuspecting Prince from his throne ! Oh, Sir, I feel my need of patience while I dwell upon these scenes. I blush for my country, I blush for human nature itself, when I think upon acts like these ! What a perversion of authority ! What a prostitution of power ! What a cool predetermination to ensnare, to deceive, and to destroy, are exhibited in this one act ! Can we wonder at anything that follows after this ? What must the enemies of the Raja have thought, when they saw in the hands of Bhow Leley, a paper in the handwriting of Colonel Ovans's Staff" Officer, off"ering a re- ward to an unknown man, for papers to criminate the Raja ? Imagine the hellish Jubilee there must have been among the foes of this most virtuous Prince, when they found a man had come among them, whose first act was, to grant a roving com- mission to an unknown vagabond, to go in search of treasonable papers to convict the Raja. It was a proclamation throughout the country, that all who wished to destroy the Raja might come forward, and find a warm greeting at the hands of the Resident, and a rich remuneration for their treachery. What must Bhow Leley himself have thought ? Wretch that he was, he must have said to himself, — " I have at length found my fellow in the Bri- tish Resident, a man, who, without seeing my face, will send me one hundred and fifty pieces of silver, and give me a note of hand for a future and a rich reward, if I will help him to effect the ruin of the Prince he has come to advise !" Sir, I shall call upon this Court to institute an enquiry into this part of the conduct of Colonel Ovans. I am prepared to establish the accuracy of every 261 fact I have now stated. It will be for llie tribunal I desire to see appointed, to say, whether the view I have taken of these cir- cumstances be sound or otherwise. Let me, before I dismiss this part of my subject observe, that I have been urable to discover the slightest evidence that Colonel Ovans communicated to his Government a single syllable concerning this transaction with Bhow Leley. On the contrary, he appears to have most stu- diously concealed the whole affair from their knowledge, until the Raja himself detected the infamous proceeding. I will now refer you to the printed Parliamentary papers, con- taining the undeniable proof of everything I have stated. 1. Deposition of Panduvung Punt, p. 642. 2. Memorandum of Captain Durack, engaging to pay Bhow Leley for his services, p. 642. 3. Receipt given by Bhow Leley for the money paid to him by Captain Durack, p. 642. 4. Letter of Lieutenant R Home, relating the nature of his interviews with Bhow Leley and his accomplice, p. 642. 5. Deposition of Anund Row, a native agent of Captain Durack, p. 640. 6. Two depositions of Bhow Leley, taken in Sattara, by order of the Raja, on the 17th and 18th June, 1837, p. 640. 7. Letter from Dr. Milne to the Government of India, dated September 18th, 1837, p. 638. 8. Letter from the Secretary to the Government of Bombay, to Colonel Ovans, dated September 21st, 1837, p. 392. 9. Letter from Captain Durack to Colonel Ovans, dated Septem- ber 2')th, 1837, p. 641. 10. Letter from Colonel Ovans to the Government of Bombay, dated September 27th, 1837, p. 392. . 11. Ditto, ditto, June 24th, 1837, p. 369. 12. Letter from the Raja to the Government of Bombay, dated 17th July, 1837, p. 583. 13. Minute by Sir Robert Grant, dated 21st July, 1837, p. 84. Before I proceed to my next charge against Colonel Ovans, per- mit me to lay before you the opinion of an English Barrister, in reference to this case of subornation of evidence against the Raja. 262 Mr. Nicholson, in his analysis of the printed evidence, referring to the commencement of Colonel Ovans's career at Sattara says, (pp. 37, 38:)— " A system of espionage, or more properly, a political inquisition, was established at Sattara. Liberal rewards and indemnities for evidence touching the Raja's supposed intrigues, had been offered, on the receipt of Girjabaee's petition. To take one instance as an example," He then refers to the subornation of Bhovv Leley, and pro- ceeds : — " Here we have a direct attempt to procure evidence against the Raja by means of a bribe. Other proceedings of a similar kind might be enu- merated, but the case above mentioned is sufficient to test the value of the following Affidavit of Colonel Ovans: — 'I, Charles Ovans, Lieutenant- Colonel of the Bombay Array, and Resident at Sattara, do hereby solemnly make oath and depose, that this accusation is utterly false, and that / never, directly or indirectly jmrchased the evidence ef any witness or witnesses whatever against the Ex-Raja of Sattara, as above setforth.^ " Mr. Nicholson then adds : — "If the transaction with Bhow Leley was not 'purchasing evidence directly or indirectly,' it is difficult to understand the meaning of words." II. — Interception of Correspondence. The next feature in the conduct of Colonel Ovans, as disclosed by these papers is, the practice, through a series of years — that is, from the time of his arrival at Sattara, until after the dethronement of the Raja — of intercepting, opening and perusing the whole of the correspondence between the Prince whom he was bound by treaty to advise, and of all persons connected with him. A very large portion of these voluminous papers consists of intercepted cor- respondence. The letters sent by his Highness to his agents — the letters from those agents to his Highness — the correspondence of all persons connected with the Sattara Government — the letters of all persons in every part of India who addressed any com- munications to the Raja— the letters of Dr. Milne, the Presi- dent of the Bombay Medical Board— the letters of Captain Cogan, a captain in the Indian navy, and a justice of the peace in Bombay 203 — the letters of Mr. Babcr, a magistrate on the Malabar Coast — these and a great variety of other intercepted documents are to be found in these printed papers. I have searched in vain for any explicit instructions to Colonel Ovans to adopt such a mode of pro* ceeding. I have searched in vain for any direct sanction of such a proceeding. I have in vain endeavoured to find, in the circum- stances of the case, or in the contents of the correspondence inter- cepted, an occasion for such a proceeding. I have several times before alluded to the fact, and it is one which cannot be too much dyv-elt upon — that there is not to be found, throughout the whole of this intercepted correspondence, a solitary trace of any hostile intrigue against the British Government. Can any sane man be- lieve it possible, that the Raja of Sattara could be engaged in wide- spread machinations for the overthrow of the British Government in India, and that the whole of his correspondence for three years should be destitute of any allusion to his designs ? Remember ! this intercepted correspondence contains the most confidential in- structions of the Raja to his various agents and friends, and their most confidential communications to him. This intercepted cor- respondence lays bare all the plans and purposes in the bosom of the Raja and his adherents. This correspondence is a complete revelation of all that was said, and thought, and intended, and de- sired. And what does it prove ? That the Raja was a traitor ? That he was alarmed at the prospect of his treason being discovered by the British Government ? That he was employed in subtle stra- tagems to suppress evidence, and buy off witnesses, and mislead his prosecutors ? No. It is a correspondence demonstrating that the Raja and all persons acting with him, and for him, were honourable men. The contents of these confidential communications are in perfect keeping with every official communication to the Resident. Now that we have this intercepted correspondence in our posses- sion, we see at once how pure, how upright, how honourable and how noble was the whole conduct of this most ill-used Prince. For his sake, and for the truth's sake, I am inexpressibly thankful that we have the fruits of this official delinquency before us. I repeat it ; if I had no other evidence of the innocence of the Raja before uie, than that which is furnished by this intercepted correspondence, I 264 should hold him absolutely guiltless of every charge brought against him, and regard him as a truly upright and excellent man. This correspondence has never been brought forward against the Raja. I have never seen or heard a single syllable of it quoted, either as direct or collateral evidence of his guilt. Does not this fact strike those who hear me as wonderful ? Is it not one of the most strik- ing proofs of the perfect guiltlessness of the man who has been de- throned ? Is there a parallel to this fact in the history of the world ? What is the object of all this correspondence ? Simply this — to obtain an impartial inquiry into the case got up against the Raja. This, the Resident is himself obliged to admit. But, if this confidential correspondence has never been used against the Raja — has never been brought into Court — has been most studiously kept in the back-ground, and for the reason I have stated, that it is the most irrefragable evidence of the purity of the Raja's inten- tions, and the absolute justice of his cause, — then, it may be asked, what use, if any, was made of it ? I will answer that important question. It was used as a means of basely counteracting and de- feating the earnest endeavours of the Raja to obtain justice, and to place his situation in a correct point of view before the Govern- ment. It was used as a means of ascertaining who were the Raja's friends. What those friends thought of the plots against the Raja; what measures were in progress to defeat these plots ; what know- ledge was possessed of the schemes going on at the Residency. Mail-bags were rifled ; the sanctity of public conveyances was in- vaded; post- masters were bribed; seals were broken ; messengers were waylaid ; spies were employed ; and, in fact, treachery, disho- nesty, and felony were every day committed, for the purpose— the sole purpose — of preventing the truth from being brought to the knowledge of the Government. Sir, if this Court grants the Com- mittee I am about to move for, I pledge myself to prove all this. I will demonstrate to you, that in every instance where the Raja made an effort to bring the truth before those who were to be the judges in his cause, he was foiled, circumvented, and defeated, by the dia- bolical artifices employed by those who had, through the vilest and most criminal means, obtained a knowledge of the contents of his secret correspondence. For three years I find Colonel Uvans con- 2f35 nt'cted with these most infamous proceedings ; I find him misre- presenting, abusing, and maligning all who were actively engaged in the disinterested and honourable work of affording succour and advice to the Raja. I find the most respectable men calumniated in the secret correspondence of Colonel Ovans. I will mention two men who were the victims of this most mean, insidious, and brutal con- duct. I mention them because they are dead ; they are Dr. Milne and Mr. Baber. These honourable, humane and just-minded men, did not live to see in print the vile stigmas cast upon their character and motives by Colonel Ovans. They died ignorant of the efforts made by that person to degrade and cashier them. What was the object of this ? It was to prevent the success of their efforts in behalf of the Raja. Grant me a Committee, and I will prove from these papers, not only the practice of intercepting letters, but will prove that that practice was converted into a means of defeating the ends of justice, of preventing the publication of the truth, and of injuring and degrading honourable men. I will do more. Allow me to call living witnesses of the highest character, and I will prove that Colonel Ovans intercepted and broke the seals of British offi- cers for the purpose of learning what their opinions of his own con- duct were ; and when he found that those opinions were unfavour- able, did all in his power to injure and degrade them. I am deeply sensible of the serious nature of these charges. I am aware that I accuse Colonel Ovans of what in this country amounts to felony, but my proof is ready when the tribunal shall be appointed. III. — The Extortion of Evidence in the Case of Govind Rao. Govind Rao is the son of the lady of the name of Girjabace, to whom the petition which has been shown in this Court to be a for- gery, was ascribed. Govind Rao is a Brahmin, and a man of rank, and in 1836 was in Sattara, and high in the esteem of the Raja. He was a friend and favourite of the Raja, but never actually filled the office of Dewan, or Minister. I am aware he is always called Dewan, and ex-Dewan. Those who were at the bottom of the plots against the Raja, found it very convenient to speak of him as the Raja's Minister, because they thereby strengthened their case 266 against his Highness. Govind Rao was accused by two native sol- diers of being implicated with the Raja in an attempt to seduce the soldiers of one of our regiments. In the course of the recent debate, I exhibited the conduct of Govind Rao on his first hearing of the accusation against him. After his apprehension he was imprisoned in an empty powder magazine. In other words, he was immured in a living tomb, with soldiers with fixed bayonets to guard him. So strict was his confinement, that the food brought to him was placed on the ground on the outside of the dungeon, and the attendants were made to retire before the prison door was opened. When brought before the Commission, Govind Rao asserted his innocence, and denied all knowledge of the alleged plot. On the 1 1th January, 1837, he was removed to Poonah, where his restraint was of a milder kind. One of the first acts of Colonel Ovans was to obtain the removal of Govind Rao to the fortress of Ahmednugger. He was sent there under an armed escort ; he was placed in the common gaol ; his cell was small, confined, and unwholesome ; he was allowed to see no one but his own servant ; and instructions were given to intercept his correspondence and forward it to the Government. In the mean time, certain parties in Sattara imposed upon the Govern- ment, by sending an account of the petition, which was false from beginning to end, but which induced the Government to believe that it was the genuine petition of Girjabaee. This document implicated Govind Rao, and many other persons, in a conspiracy against the British Government. Its contents were represented by Colonel Ovans as the information which Govind Rao had given, and Colonel Ovans said it might be regarded "as, in fact, the confession of Govind Rao himself." Anxious, however, to extort from Govind Rao an acknowledgment of his concern in it, Colonel Ovans dis- patched a secret emissary, a man of the name of Sukharam BuUal, to Ahmednugger, to obtain a statement confirmatory of the truth of the petition. Sukharam Bullal was the uncle of Govind Rao, an adherent of Appa Sahib the Raja's traitorous brother, a friend and creature of Ballajee Punt Nathoo's, and the chief fabricator of the falsehoods which had been previously sent to the Bombay Govern- ment. On the arrival of this man at Ahmednugger, he was per- mitted to have free access to the dungeon of Govind Rao. It 2G7 appears that he was tor sixteen or eighteen days in constant com- munication with the prisoner. At the end of that time Mr. Hutt, the Judge at Ahmednugger, was called upon to receive from the hands of Govind Rao, a paper which had been previously written. This paper was dated the 24th of August, 1837. This paper was the same day sent to Government, as the genuine confession of Govind Rao. The order for Govind Rao's removal to Ahmednug- ger is dated the 1st July, 1837, the order for his release is dated the 15th September, 1839, ten days after the dethronement of the Raja. On the 7th of October, the day of his arrest, when questioned in the presence of the Raja, respecting his knowledge of the alleged plot, he burst into a fit of laughter, and all the people laughed with him. He was surrendered by the Raja without demur, denying at the time all participation in, or knowledge of the conspiracy. In the proceedings of the Commission we find him giving the following evidence : — " I am prepared, of my own free will and pleasure, to speak the truth. I am an hereditary servant of his Highness the Raja of Sattara. My father was Dewan ; he died ten years ago. 1 am now Acting Dewan, and receive 800 rupees per mensem. " Q. Have you any statement to make before this commission ? — A. I will answer whatever question I am asked. " Q. Do you know any of the native officers or sepoys of the 23rd Regiment, now at Sattara ? — A. 1 am not acquainted with unij native officers or sepoys of the rerjiment now here. " Q. Have any of the native officers ever visited your house, to make their salaam or on any other account ? — A. No; they never came to my house, and I have no hnoioledelter to use, ei'e?i at the eleventh hour, than desperately to throw away." " Awake, arise ; or be for ever fallen." I remain, with great respect, Your faithful Servant, IlAnrouD Jones Erydges. P.S. — You surely cannot be so wild as to allow the Directors to persuade you to join them in establishing in India, a new Court of Inquisition, of which Schiller, in his History of the Defection of the Netherlands, speaks of as established by Philip II. thus — " Which exposes any honest man to a constant fear of the worst punishment, inasmuch as it is open to any such person as a priest, faithless friend, a Spaniard, or reprobate fellow, to cause, whenever he pleases, whomsoever he will, to be accused before that tribunal, to be placed in confinement, condemned, and executed, without the latter being allowed to know his accuser, or to adduce proof of his innocence." Are you become, brother Proprietors, sucii admirers of the most ruthless tyrant that ever lived, as to lend a hand in imparting his de- testable maxims of government amongst the gentle Indians ? Before we part, let me once more earnestly request of you to ponder well the proverb, — " AdversuB solem ne loquitur," or " Arguing against what is clear and self-evident, is the same as denying that the sun shines at mid-day." — Bland's Proverbs, page 14. Yours as above, H. J. B. Tyler & Reed, Printers, Bolt-oourt, Fleet-street. This book is DUE on the last date stamped below MAR U 194a Form L-9 20m-l,' 42(8319) rrs.? 1 'S»r?^2YgfflJk Debates at the Indian house AA 001 145 621 Uj/t^Y^ vJiU -\ DS 485 S2A5 1845