The Cp.se of John Lonnel- l*m, T? sq., Captain of Foot, In the Service of the United Company of Ferchants Trading to the ^st-Indies . . . UNIVERSITY OF CALIFORNIA AT LOS ANGELES THE CASE O F JOHN DONNELLAN, ESQ. CAPTAIN of FOOT, IN THE SERIVCE OF THI United COMPANY of MERCHANTS trading to the EAST-INDIES, HUMBLY ADDRESSED TO The Honourable the COURT of DIRECTORS of the faid COM- PANY. ^e^^r ,- - rpSfX^.^ _ r^&K9*f;&fi&3 *.* './ ^. JOHN DONNELLAN, ESQ. HI S late Majefty having ordered the 3 9 th re- giment^ commanded by Colonel Aldercron, home from the E*fl-lndia, in the year 1757, was pleafed to fignify his pleafure, by a letter from his Secretary at war, that any officers, under the rank " of field officers, who fauld chufe to enter into the Company's fervice, might do it without prejudice " to their rank in his ; and that fuch of them as re- " turned to Europe Jhottld, on producing a certificate " of their good behaviour while in India, be imme- diatelyput on the half-fray Kfl" Captain Donnellan, N| then a fubaltern in that regiment, availed himfelf 5 of this permiffion, and^was appointed Captain of foot in the Company's fefvice, by commiffion, bear- ing d-te December the i5th, 1757. A 2 At 354883 At the clofe of the following year an expedition was planned againft Maztilipatom, the capital of Gohonda, and Colonel Ford appointed to the c..m- mand of the detachment deftined for that fervice. Soon after the march of the troops, it was, among other things, agreed, at a meeting of the officers, that the agents to be appointed for the managftnent " and dijlribution cf future p-izcs, Jhould be allowed "five per cent, on the file of goods, and one per cent. " on money ; and that no dividend Jh.uld be made till " their accompts were faffed by the captors." In an engagement with the enemy, December the 14th, at Chumbolt, it was Mr. Donnellan's ill fortune to receive a ball in his leg, which {battered the bone, and obliged him to retire to a Dutch factory on the coatt, forty miles from the Icene of afrion. The furgeons judged the fym| ton.s lo unfavourable, that they urged the neccflity of an immediate am- putation, from an apprehenfion of a mortification ; but this he refufed to fubmit to ; and foon after, bcinff fomcwhat recovered, and hearing that the troops were preparing to ma ch to the place which was the object of the expedition, he detei mined to join them, ihongh his wounds wo;c ftill open, and he incapable of walking without the affiftance of crutches. In a fhort time after his joining the army, they inverted Mazulipatotn ; and, on the yth of April* 1759, he, and three ot'bei ^eiitlemen, were, by an ialtrument f 5 ] n.ftrumentin writing, Jlgned by Colonel Fard and the other oncers on the expedition, appointed agents for all captures which micht be made in the courfe of if. On the evening of that day, the troops had no- tice to hold themfeives in readinefs for an aflault at ten o'clock the fame night; when, after an obfti- nate refiftaneef'lhey made themfeives matters of S-t. Jihn's bafticn, fword-in-hand, and turned it's cannon on the enemy, who \ve e entrenched chin deep between it and the town. After did dging them, they foon pofiefed tfcimfelves o'~ the next baftion; but hsre their progrefs was checked by the enemy's recovering from thtir confirernation, and attempting to form. At this morr.eni. Mr. Donnellan feeing Colonel Ford on the oppcfire fide of the ditch, without the fort, inftantly ran down the breach, and throwing over one end cf his fafh, while he held the o.her, allied him in palling the ditch; and, as they walked up the baftion, represented to him the impoffibility of carrying the other works, or maintaining their ground with the fmall force which they had, and offered to go, attended only by his fcrjeant, (who, being a French deferter, knew every quarter of the town) and endeavour to find the Governor Msnfteur Conjtanr, not doubting, if he c^uld make him prifoner, but the place would fall of courfe. To this the Colonel objected as rafh and im- praclicable : but on his urging that now was the A 3 dec i five [ 6 ] decifive moment, and that no alternative remained, he acquiefced } and Mr. Donnellan, accompanied only by his ferjeant, after traverfing feveral ftreets, arrived at length before the gate of the arfenal. It was guarded by a file of men with bayonets fcrewed, a twelve-pounder was pointed towards the ftrect, which a foldier with a lighted Mlfc> flood pre- pared to difchage on the firft approach of an enemy : and crowds of officers were paffing to and from the General's apartments, in great hurry and confufion. Mr. Donnellan approaching without hefitation, was fuffered to pafs, and fortunately explored his way, unnoticed, to the Governor's chamber. The in- ftant he entered he announced his errand ; informed him, that the Englijh had got fuch a re-inforcement as muft render all refiftance vain j that they were now pouring in on all quarters ; that, in a little time, it would be impoflible to reftrain the rage and im- petuofity of the troops; and that nothing but an immediate furrender could prevent all the dreadful confequences of a ftorm. Moved by thofe reafons, and the arguments of two priefts who were prefent, Monfieur Csnflans acknowledged himfelf his prifoner j and, at his defire, difpatched three written orders to the troops in different quarters of the town, to lay down their arms. He then commanded a Major to accompany Mr. Donnellan to Colonel Ford as a hoftage: And thus the reduction of this place was jitchieved with little or no lofs to the befiegcrs, and I without f 7 1 without that carnage fo horrible to humanity, too often the unavoidable confequence of a place's being taken by aflault. Mr. Donnellan is thus minute in this part of his detail, becaufe he cannot but confiderthis important fervice as principally refulting from his prefence of mind and addrefs on that occafion. He is aware with how ill a grace a man is the blazoner of his own deeds ; but there are occafions where modefty would be culpable and fllence an injuftice to one's felf. It may be neceflary too to put this, joined to the general tenour of his conduct, in the fcale, againft the very venial tranfgreflion which has been made the pretext for all the hard treatment he has experienced. When this is done, it may poflibly appear, that the punifhment has been greatly more than adequate to the offence. On the reduction of the place, Mr. Donnellan^ with his fellow agents, pofTefled themfelves of every thing which, by right of conqueft, became the pro- perty of the conquerors, and were proceeding to turn them to the beft account for their employers, when they received a verbal order from the Colonel to deliver to certain black merchants fuch effects as they fhould claim for their property. This order was delivered by one Tymsny^ a Bannyan, who acted as fteward and manager for the Colonel, and was known to have an unbounded afcendant over him. A 4 As [ 8 J As it appeared that many of the claimants were French in the habits of Armenians^ Mr. Donnellan^ with thofe joined in commiffion with him, thought that they (hould fail in their duty to the army, if they acquiefced in a meafure which fo nearly affccl- ed their common interefts without remonftrating ; he accordingly exprefled his doubts to the Bannyan^ and urged the neceffity of a written order to juftify their compliance to the captors : But this caution which a prudential regard to their own fafety fug- gefted, the Bannyan conftrued into wilful difobe- dience, and threatened to reprefent it as fuch to the Colonel. A warm altercation enfued ; in which, from the behaviour and exprefiions of Tymony, it appeared, but too clearly, that this requifition had been concerted between the merchants and him ; that, by his influence, the order had been obtained, and his warmeft interpofition effectually fecured, by a very powerful application to his avarice. The tlaims, made in confequence of this order, were fo exorbitant as to ftartle the agents. Many bales of the richeft manufactures of Afia and Europe^ chefts of treafure, and merchandize of various kinds, fome marked with the cypher of the French Eaft-India Company, others with the names of individuals of that nation, were peremptorily demanded, as the private property of thofe black merchants and pre- tended Armenians. Mr. Donnellan pretends not to enter into Colour! JFWs motives for iillin^ an order which ftruck fo [ 9 ] deeply at the interefls of all who had ferved on this expedition. By the laws of war the lives and pro- perty of the vanquifhed, he apprehends, were, in the prefent cafe, at the mercy of the conqueror ; and this rule will be found to extend to all, of what- ever colour, nation or profcfiion, who could be proved to have borne arms againft us, or to have miniftered afliftance of any kind to the enemy dur- ing the fiege; and whatever mercy it might have been proper, for the honour of the Britijb name, to fhew to a vanquifned foe; whatever moderation it might have been advifeable to exercife, in the dif- cretion of the conqueror, towaids neutrals redding in a fortiefs fo taken, merely for the purpofes of trade, the reftoring fuch effects as were known to be the property of the enemy, and that, in fuch pro- fufion, as to lefien the hard-earned fruits of this con- queft confiderably more than one half, muft be confi- de: ed as the higheft actofinjuftice to the conquerors. However prompt his obedience as an officer fhou'd have been to any order from his commander, Mr. Dcnnellan thought it his duty, as agent for the captors^ to delay the execution of a mandate, the authenticity of which he doubted, or which, tho' authentic, might have been obtained by furprize or mifreprefentation, Influenced by thefe reafons, he waited on the Co-, lor.el in order to communicate to him his fufpicions ; but he found him fo irritated by the falfe reprefenta*. tions and artful infinuations of the Bannyan^ that all attempts C 10 -] attempts to remonftrate were vain; the order was avowed, repeated, and inftant obedience thereto re- quired. Mr. Donnel'an communicated the matter to the other officers whofe interefts were at {lake ; and they, feeing no part It ft for them to take bwt fubmiflion, d.c!a;ed him and his fellow agents jufti- fied in obeying it. Mr. Dennett/in means not to (late any thing but f,"b ; nor docs he wifh to animadvert on the con- duel of any gentleman in the fervice farther than rr.ay be neceflary to fet his own in a proper point of viesv. He will not here, therefore, take any ad- vantage of certain critical circumjlances in the Colo- nel's Jituation, though they might poffibly enable him to Account for a proceeding fo extraordinary. The Bannyan and his friends availed thcmfclves of the order in its utmoft extent, and fet m bounds to their rapacity ; Mr. Donnellan and his colleagues a ten led at all hours of the day, to fort and feparate ft:ch merchandize as they claimed ; and, tho' the t<~<\k could not be fuppofed an agreeable one, (for they fliftained a double lofs as captors and as agents) yc-t they went through it with fuch alacrity, that the claimants thought themfclves bound to make them fome compenfaiion, and fpontaneoufiy pre- fented them with a fum fo;newhat ftnrt of 5C/. a man. Tho' this doceur bore no proportion to the agen- cy-fees, to which they would h;.ve been entitled had [ II ] they forted and feparated the fame goods for the in-*> fpe&ion of purchafers ; and was the free-will-offering of men who thought themfelves eftentially ferved, their acceptance of it conftitutes the whole of the charge againft them. They were ordered out of the city into the camp, which flood at fome diftance, where they were im- mediately put in arreft, and in a few days brought to a court-martial : this court was compofed partly of aliens who were unacquainted with our cuftoms and language, and partly of very young officers who had never been in fervice before; the interpreter was a black flave tutored for the purpofej the witnefles were the black merchants, and pretended Armenian^ and the Bannyan Timony^ (who, moft probably, had advifed making the prefent for this very pur- pofe) the profecutor. From fuch a tribunal, and fo informed, (however upright the intention of its individuals) equal juftice, and an impartial decifion, was not to be expe&ed. They adjudged the agents to have fallen under the i2th article of war, and fentenced them to be difmifled the fervice for ungenteel behaviour. From a fentence thus obtain- ed, grounded on fuch a charge, and fupported by fuch evidence, it was a duty Mr. Dtmnellan owed to himfelf to appeal. With this view, he applied repeatedly to the Colonel for a copy of the pro- ceedings, who was candid enough to tell him, f ' that he jhould not have that or any other material " en [ II ] '* on which he mi It ground an application for re- " drefs on his return to England ;" and, in order to compleat the meafurc of his oppreffions, he pearing that the Company's records and letters re- ceived from India, arc intirely filent on the cir- cumftance of your cafe, excepting as to your ap- pointment to a Captain's commiffion, they are unable, from the want of evidence, on the part of the Company, to give their opinion on your con- duct; but willing to render all the fatisfaftion in/ their power, they have ordered application to be made to the Advocate-genera), for a copy of the- proceedings of the court-martial- againft you at Mazulipatam, in 1759, zs there are none fuch in the Company's cuftody, that, if thofe proceedings are to be found in his office, and a copy obtained, jou may be furniflied with a tranfcript thereof. I am, Sir, Your moft obedient fervanr, P. All C HALL, Secretary, If/f-Liffia Ho tiff, tht 1th July , 1769. To Captain Mr. i *3 J Mr, DONNELLAN'S Second Memorial to the Court of Dire&ors. TO THE Honourable the COURT of DIRECTORS, &c. The Memorial of Capt. JOHN DONNELLAN, T N anfwer to your Honours letter of the 7th, A your memorialift finds it now neceflary to in- form you, that on application to the Advocate- general, it does not appear that any report of the proceedings againft your memorialift in India, has ever been tranfmitted to his office; nor could fuch report come regularly to it through any other channel, than with the difpatches addrefled to your Honours from India. Hence it appears, that, whe- ther confidered as a King's or a Company's officer, his degradation was judged a matter of fo little im- portance, that it was not thought neceflary .to re- port to either, the proceedings had on that occa- fion. As the -offence with which your memorialift is charged, was fuppofcd to have been committed in your Honours fervice, had the mode of pro- ceeding uniformly, obferved in fimilar cafes, been purfued in this, the fentence of the court-martial, together with the evidence on which it was grounded, [ 24 J grounded", would have been tranfmitted home for your confirmation ; for though from local circum- ftances, the fentence muft have inftantly taken effect, yet fuch a proceeding would have left an cpcn for thofe who might have thought themfelves aggrieved by it, to apply at any time for redrefs ; and wide is the difference between a temporary inconvenience and a perpetual ftigma. It is almoft unneceflary to obferve to your Honours, that in the King's fervice, the fentence of a court-martial is not deemed final till it has had his Majefty's approbation. In the prefent cafe, you ftand in the fituation of the Sovereign, and will, your me- morialift is perfuaded, watch with the fame ten- fernefs and attention over the honour and interefts of thofe employed in your fervice; though from the pains that appear to have been taken to draw a teil over this .tran faction, it were not unfair to in- fer, that there is fomething in it that fhuns the light. Your memorialift, however, injured in for- tune and reputation, however felicitous to bring kis own conduct to the moft public fcrutiny, will not prefume a difhonourable dealing on the part of ene whofe conduct, as a ioldier, and as a man, Hands (he admits it) unimpeached : he is will- ing, therefore, to impute rather to accident than delign, the neglect of tranfmitting home the pro- per documents in ihis affair; and ilill prefumes to fccpe, that as the want of them will throw him under tinder almoft unfurmountable difficulties, (fhould he, after all, be obliged to refort to a military tri- bunal) your Honourj will take the peculiar hard- fliip of his cafe into confideration, and grant him (as foon as may be) the redrefs he folicits j or, by a refufal, refer him at once to his only remaining remedy, a court-martial, He is forry to be thus importunate, at a time when there are fo many more important matters to engage your Honours attention ; but there can be no feafon fo proper as the prefent, when the gentleman by whotn he conceives himfelf aggrieved is on the fpotj for fliould he mifs this opportunity, he might hereafter be juftly charged with taking an advantage of his abfence j and he is determined (whatever may be the iffue of this affair) that his conduct on the whole, {hall be fuch as (hall not leave any room for felf-reproach. He has a grateful fenfe of the attention which has been already paid to his cafe, and doubts not, that, on reconfidering it, your Honours will grant him fuch remedy as the nature of the grievance he complains of may feem to re* quire. Copy E Copy of a Letter from Captain DON- NELLAN to Sir THOMAS ROBINSON, \vho had voluntarily undertaken to interpofe his good offices with Colo- nel FORD, in order to bring the mat- ter to an amicable iiTue. S ] R, I Beg you will accept my warmer! acknowledg- ments for the friendly part you have acled in a matter fo highly intercfting to me, as that which you have undertaken to manage. Had I a hope that Colonel Ford would have liftened to the in- terpofition of a friend m my favour, I (hould never have thought of reforting to any other method of obtaining redrcfs. /\s a gallant officer, he mud feel fcr a military man, labouring under an undefervcd opprobrium; and his own good fenfc rnuft ere now have told him, that there has been no proportion between the measure of my fuppofed offence and that of my punifhmcnt. 1 am far from flipulating for any concefiion which may fubjecl the Colonel to the charge of incand.lciicy, or be in any way injurious to his character. As he muft be fenfiblc that my mili- t.yy charafler (lands imilmpeachcd, he will pleafe C *7 ] to certify as much, and in his own language; for that I am perfuaded, will be fiich as juftice, ho- nour and humanity \vill fuggeft. If a doubt {till remains in his bread, with refpe<5t to the falfhood of Major White's charge, I am ready to give him every fatisfa&ion in my power on that head ; and the circumflance of having received a trifling gra- tuity from the Black Merchant, for the very great trouble my fellow-agents and I were at, in forting the effects they claimed, will not, I flatter myfelf, at this day, appear to him a fufficient reafon why, after having fufFered in my fortune by the lofs of my commifiion in the Company's fervice, I fhould alfo forfeit my rank in the King's. I have only to add, that I had much rather be indebted to Colonel Ford's juftice, and (if I may prefume to claim it) his friendship, for his tefli- mony to my character, than to a determination in my favour, (however honourable it may be to me) either of the Company, or of a court-martial. I am, dear Sir, &c. &c. C 2 Extraft C Extradt of a Letter from Col. CLIVE, in Anfwer to one from the Commit- tee of Correfpondence, written in Confequence of Captain DONNEL- LAN'S firft Memorial to the Court of Directors, after his Return from India. " T Cannot fay, excepting in this one inflance, -* that ever I heard Captain Donnellan's beha- viour, as an officer, called in queftion j but rather to the contrary ; and do believe, he fhewed equal courage with the reft of his brother-officers, in the late fuccefsful expedition in Golcondah. " I have wrote to Major Ford for the general court-martial, and if he has it not in his pofief- iion, imagine I have, and will certainly take the firft opportunity of tranfmitting it to the Commit- tee of Correfpondence. I am, Sir, your moft obedient humble fervant, ROBERT CLIVE. Condowtr, near Sbrtivflury, 2 1/? Sept. 1761. To - Michell, Efq. Copy I *9 J Copy of a Letter to Lord CLIVE, with one of Mr. DONNELLAN'S CASES. MY LORD, THE accompanying printed ftate of my cafe, will fave us both the trouble of a long pre- face to the requeft I am now about to make : your Lordfhip may remember, that in fome time after my return from India, I had the honour of wait- ing on you in London, in order to apply for the certificate of my good behaviour, which the orders fent out on recalling Aldercorn's regiment in the year 1757, made necefiary to my being reftored to my rank in the King's fervice; and which, I ap- prehended, would come with propriety from your Lordfliip only, as commander in chief at the time. You may alfo remember that you referred me to Colonel Ford, as having commanded on the Gol- conda expedition ; in which alone my conduit had - been in the leaft arraigned, pointing out at the fame time, the neceffity you were under of fupporting him in his meafures, while in that part of the world, urging the improbability that any cenfure then pafied on me as an agent, (hould affect my military character at home, and oblig- ingly promifing to write to the court of Directors in my favour. Since [ 30 ] Since Col. Ford's arrival inEngland, I hnvetnken every poffible meafure to wipe off the ftaio, which I apprehended the fentence of the court-martial in ]ndia might have left upon my character. 1 have, in the cafe before your Lordfhip, and in two me- morials delivered fince (with decency and nrm- nefs) fought redrefs from the Directors ; but though they have (hewn the greateft willingnefs to give me all pofiible fatisfadtion, and Col. Ford (I umierfrand) is far from oppofing my juft de- mands, there appears among the records of the Company, a letter written (1 fuppofe) in confc- quence of my application to your Lordfhip, but couched in terms fo equivocal, as to leave me in a fituation much worfe than that in which I was be- fore it was written. 1 have been furnifhed with two fhort extracts from it ; one charging me directly with extortion ; the other indirectly with cowardice*. Though the firft is in forne fort warranted by the fentence ef the court-martial j yet is there a material diffe- rence between the quantum of the furn ftated in your Lord/hip's letter to have been taken from the * A fiiend of Mr. Dn-:ell.in's h;d feen in the Secretary's office at the India-Houfc, Lord Clivt's anfwer to a letter from the Cotn- ite of Correfpondence, relative to the fubjeft matter of his firft incinoiiial, and mads an erroneous extfaft t^mif; in which, he evidently roifundcrftocd his Lord/hip's meaning: this extraft he eammunicated to Mr. Donnellan, and this alone gave rifj to the ariflaken notion that L'lii Clivw 1 had impcichcJ his couraje. Black C 3i I Black Merchants, and that given in evidence be~ fore the court. As to the fecond, confcious as I am, that fo far from its having ever conftituted any part of a regular charge againft me, it could never have been even whifpered, never haveexifted in the imagination of my moft envenomed foe : I am fa- tisfied your Lordfhip could not have meant to throw fo cruel and unmerited a ftain on me, at the very time too when youprofefled an intention of ferving me. Now, my Lord, as thofe parts of your Lordftiip's letter to which 1 have alluded to may be miftaken, and as the Court of Directors have mani- feftly mifunderftood them, (for on the doubtful meaning of them, they ground their only objection to the giving me the teftimony I folicit) I (hal! hope from your honour and juftice, that you wiH, as foon as may be, explain to them by letter the fenfe in which you meant thofe paflages fhould be taken. I make no apology for the trouble which this application may give you, convinced, that the truly brave man muft ever be the foldier's friend, and that your Lordfhip's candour will lead you to re&ify chearfully, and at once, any miftake which through inattention may have efcaped your pen. I do not flate the pafiages pointed at, but refer your Lordfhip to your own letter, which is in the cuftody of Mr. Mitchell, Secretary to the Com- pany, and may be feen at pleafure. Jf on a review of what you have written, it fhall appear to be conceived t V J conceived in terms which may admit of a conftfuc- tion injurious to me, I have not a doubt of your condefcending to repair an unintended wrong, the more efpecially as your Lordfliip's teftimony will (I am taught to believe) fmooth every difficulty and greatly facilitate my obtaining the redrefs I feek. But if after all, frefh and unforefeen objections fliould arife, and I fliould be ultimately driven to my only remaining remedy, a court-martial, and an appeal to the public, there are certain- materials neceflary for either purpofe j which (having in vain fearched for in other places) I conceive are to be found only among your Lordfhip's papers (I mean the proceedings of the court-martial held in India on me, and my fellow- agents) thofe materials I hope, and believe, your Lordfhip will not with- hold from me on this trying occafion. I have the honour to be, with the greateft refpeft, your Lordfliip's moft devoted and obedient humble fervant, JOHN DONNELJLAN. Duke ofGbueefter's Arms y Spring- Gar dens i Sept. 14, 1769, Lord C 33 3 Lord OLIVE'S Anfwer to the foregoing. SIR, AT my return from abroad laft Sunday, I re- ceived your letter of the I4th inftant. En- clofed is a copy of my letter to Mr. Secretary James, of the 2ift September, 1761, which is the only letter I recolleft to have written concerning you. In that, you will obferve, there is not the leaft imputation upon your character as a man of cou- rage ; and if the Directors have any injurious fuf- picions of that nature, I fhall be ready at any time to contribute to remove them by my teftimony. As to the proceedings of the court martial, I do' not find that they are in my poflefiion. I am, Sir, Your moft obedient humble fervaij.t, CLIVE. Berkeley Square, zStb Stpt. 1769. To John Donnellan, Efq. Duke of Gloucefter's Arms. Mr. [ 34 Mr. DON NELL AN'& Reply. MY LORD, YO U have rectified a miftake committed by a. friend of mine, who made an inaccurate ex- tract from your Lordfhip's letter to Mr. Secretary James, I am now fatisfied that it was far from your intention to impeach rny courage, and I have only to lament your having in fome fort adopted the fentiments of Col. Ford, and the court-martial, relative to the tranfadtion at Mazulipatam. When your Lordfhip wrote that letter to Mr. Secretary James, you wrote (you fay) from memory, not having your papers to refort to. This however has produced a miftake as to the fum received by my fellow agents and myfelf from the black merchants, the whole prefent amounting to 900 rupees only, (as appeared on the face of the evidence) whereas your Lordfhip, in your letter to the Committee of Correfpondence, ffates it at 4000 ; may I hope that your Lord {hip will condefcend to rectify this miftake like wife ? From Col. Ford's arrival in England to the day of his departure to India, I omitted no one ftep that could be taken, in order either to procure (from tbeir fenfe of my fervices and fuffcrings) the tefti- mony of my honourable mafters in my favour; or, if I fhould fail in that, to obtain redrefs by an ap- peal [ 35 1 peal to a general court-martial, and I chofe that fea- fon to ftir in this bufinefs, left it fhould be faid at a future time, that ! took an unfair advantageof Mr. Ford's abfence. I now find myielf driven to the latter mode of proceeding, and at the fame time denied the benefit of that evidence to which the meaneft centinel in the fervice is of common right entitled. The proceedings of the court-martial in India, (without which it is in vain to apply to his Ma- jefty's Secretary of War) are not (it feems) in your Lcrdiiiip's pofieffion, neither are they to be found among the Company's records, nor were they ever tranfmitted (as in the cafe of a King's officer, they certainly fhould have been) to the oifice of the judge Advocate-general. Thus cifcumilanced, all (I fear) that remains far me, is, to carry my cafe to the Throne ; but be- fore I take fuch a meafure, I would make one effort more to obtain juftice in the ordinary way ; 'your Ixardfhip will therefore pardon me, if I once more intreat you to have .diligent fearch made among your papers for the proceedings of the C)urt-mar- tial, in order to throw a proper light on this affair. I am emboldened ta repeat this requeft, becaufe it appears from your Lordlbip's letter to Mr. James, that " your abfence from town prevented your having vecourfe to your papers, by which means y in might h; that ^ you i>