Letter. ..to the Pronrietors 
 of East India Stock, Relative to 
 bis Claims on the East India Com- 
 pany 
 
 By 
 George Do&well
 
 UNIVERSITY OF CALIFORNIA 
 AT LOS ANGELES
 
 A 
 
 LETTER 
 
 F R O U 
 
 GEORGE, DODWELL, Efq, 
 
 TO THE 
 
 PROPRIETORS 
 
 EAST INDIA STOCK, 
 
 Relative to his Claims on the Eaft India 
 Company. 
 
 WITH 
 
 AN APPENDIX, 
 Containing fome Oiigina! Papers. 
 
 LONDON, 
 
 Printed in the Year MDCCLXXVII.
 
 1^77 
 
 -. f *", 
 f, s**^ 
 
 CONTENTS. 
 
 Page 
 
 Letter, i 
 
 Appendix. Mr. Godfrey's affidavit, 25 
 
 Letters from Capt. Dodwell to the Court of Direc- 
 tors, and their
 
 
 . 

 
 T O t H E 
 
 PROPRIETORS 
 
 O F 
 
 EAST INDIA STOCK. 
 
 GENTLEMEN, 
 
 HAV I N G a confiderable demand on the Company, 
 and being difappointed in all my endeavours to 
 obtain an amicable fettlement from the Court of Direc- 
 tors, I am reduced to the difagreeable necefltty of trou- 
 bling the proprietors at large; and as the proportion I 
 mean to fubmit to your confideration is not for an 
 allozuance of my claims, but for a reference of them to 
 an impartial examination, without any expence to the Com- 
 pany, 1 truft, that my requeft will not be deemed un- 
 reafonable. 
 
 My demand is for the balance of an account cur- 
 rent between the Company and me, and for da- 
 mages. But the relative fads are of fuch a kind, that 
 it is not poflible to ftate them with juftice to myfelf, 
 without criminating fome perfons of high rank in the 
 Company's fervice abroad ; whofe connections and 
 influence will fufficiently account for the difficulties, 
 which have oppofed me in feeking for redrefs at 
 home. However, I hope to be able to exhibit a fliort 
 account of my cafe, with temper and moderation j and, 
 notwithftanding the length of my fufferings from the 
 injuries I have fuftained, to avoid all unneceflary re- 
 flections. 
 
 B la
 
 In July 1765, the Governor and Council at Madrafs 
 agreed with Mr. Kerr, to take up on freight a fhip cf 
 365 tons, called the Patty, for a voyage to the ifland of 
 Sioloo and back again. The objects of the voyage 
 were to fettle the Eaft India Company's accounts with 
 the people of Sooloo; and to bring back to Madrafs 
 fuch of the Company's effects as could be collected, to- 
 gether with forhe Seapoys, who had been left at Sooloo 
 on their return from the fiege of Manilla, at the conclu- 
 fion of the late war, and were under the command of 
 Captain Des Plans, a native of Switzerland, who had 
 previoufly been an officer in a corps of French deferters 
 at Manilla. I was applied to by the Governor and 
 Council to undertake the voyage, as commander of 
 fhe fhip, and as agent to the Company ; and being anxi- 
 ous to eftablifh a connection with the Company, I ac- 
 cepted of the offer, and gave up a very advantageous 
 voyage to Pegu, in a fhip, of which I was commander, 
 fupercargo, and part owner. There was no written 
 agreement as to the terms on which Iwas to perform 
 this voyage, except a covenant in the charter patty, that 
 the Company fhould pay me and my officers at the rate 
 of joco Arcot rupees a month, for the purchafe of that 
 part of the tonnage, which is called the privilege, and 
 otherwife might have been claimed by us for private 
 trade. But I was informed by letter from the fecretary 
 to the Governor and Council, that I was to victual the 
 troops from the time of their embarkation; and I un- 
 derftood, that I was to have the ufual batta or fea al- 
 lowance for defraying the expence of victualling. I 
 alfo underftood, that 1 was to have a fatisfadtion for my 
 trouble as agent to the Company, fuch as had been paid 
 to others, charged with like comm^fllons. 
 
 The agreement for the voyage being thus fettled, I 
 fet fail for Madrafs the ift of Auguft 1765, which was 
 lefs than three weeks after engaging in the fervice, and 
 fcarce more than a day after receiving my letters of in- 
 ftructions; and notwithstanding the latenefs of the fea- 
 fon, which the Governor and Council themfelves took 
 notice of, I arrived at Sooloo the 25th of October. 
 
 At Sooloo I gave my utmoft attention to the feveral 
 affairs which my inftructions pointed out. I fettled, in 
 
 writing,
 
 C 3 3 
 
 wtiting, the Company's accounts with the various per- 
 ,fons, who were indebted to the Company, received in- 
 goods fuch parts of the balances as could he recovered, 
 and took proper acknowledgments, in writing, for the 
 remainder. Further, in conformity to my instructions, 
 I exerted myfelf in eftablifliing a good correfpondence, 
 both with the Sultan of Sooloo and his people, and 
 with the Bugguffes and other foreigners trading there. 
 When I had tranfafted the whole of the Company's 
 bufinefs with the people of Sooloo, as far as it was 
 practicable, I proceeded to embark the Seapoys ; and 
 on the 24th of December 1765 fo many were em- 
 barked, that I expected to have been ready for failing 
 b.ack to Madrafs the next day. But captain Des Plans, 
 finding that two of the Seapoys, who ffrayed out of 
 their limits, had been killed in the woods at Sooloo, 
 infilled on relating a party of them to revenge the 
 injury, notwithfianding the particular directions I had 
 received at Madrafs to cultivate a good uhderfbnding 
 with the Sooloo people, and my ftrong remonftrances. 
 To gratify this imprudent third for revenge, captain. 
 Des Plans went in perfon with a party of 150 men in 
 purfuit of the fufpttled murderers ; and as they were 
 fled, he burnt their habitations and deftroyed their 
 itores of provifion. This accident gave occafion to a 
 <lelay of feveral days. However, on the I2th of Ja- 
 nuary 1766, my (hip fet fail from Sooloo to return di- 
 reftly to Madrafs. But inftead of being able to effect 
 this, I loft two of my anchors ; the (hip's fails and rig- 
 ging were greatly damaged by hard weather ; and the 
 fhip itfelf, by working to the windward to pafs the 
 ftraits of Balaback, was fo overftrained, and became 
 fo leaky, as to require two pumps conftantly at work. 
 In this fituation 1 held a confutation of my officers, 
 at which it was unanimoufly refolved to return to Soo- 
 loo to ftop the leaks ; which refolution was figned by 
 captain Des Plans. Accordingly the fhip was brought 
 back to Sooloo, where (he arrived the igth of Fe- 
 bruary 1776. On examining her, three dangerous leaks 
 were dilcovered ; and as for want of carpenters and 
 other conveniencies thefe could only be botched up at 
 -Sooloo, it was unanimoufly refolved in a fecund con- 
 B a fulta-
 
 r 4 i 
 
 flotation, to proceed through the (traits of Macaffar to 
 Batavia, in order to have the (hip thoroughly repaired, 
 there before attempting to crofs the Indian fea. After 
 this refolution, which was alfo figned by captain Des 
 Plans, the (hip was flightly repaired, and on the i2th 
 of March 1766, I again left Sooloo, and croffing the 
 line flopped at Paffier in the ifland of Borneo the 22d 
 of March, to take in wood and water. Whilft at 
 Paffier I had an invitation from the King of that place, 
 and during a vifit to him obtained under feal the grant 
 of a free trade for the Eaft India Company to his king- 
 dom, exclufwe of all other Europeans, with liberty to 
 erect a fort. This grant, in refpecl: as well of the 
 extent and riches of Paflier itfelf, as of its nearnefs to 
 Celebes the key of the fpice iflands, I thought would 
 be agreeable to my employers, and might be the ground- 
 work for a great enlargement of their trade. I alfo 
 received an invitation from the King of Mandar, a 
 powerful Prince in the ifland of Celebes, who fent his 
 fon to me with a prefent of gold-duft for the Governor 
 of Madrafs, and a letter containing an offer of a grant 
 to the Eaft India Company fimilar to that from the 
 King of Paffier. 
 
 On the loth of April 1766, I left Paflier, and failed 
 to Banjarmafleen ; and after waiting there ten days to 
 fee the S. E. monfoon regularly fet in, I proceeded for 
 Batavia, but could not reach it till the 26th of May. 
 Immediately on my arrival 1 fent to the Governor-: 
 general and Council at Batavia a written requeft for 
 leave to repair the {hip j and they ordered a furvey of 
 Jier by the proper officers, who reported her to be in fo 
 very bad a condition, that the repair would require 
 too much time to allow her to be refitted by the Dutch 
 artificers. However liberty was given to me to repair 
 the (hip by other workmen ; and I accordingly ufed 
 all the means in my power, to expedite the making 
 her fit for going to Madrafs. But the great variety of 
 the repairs, the difficulty of procuring proper artificers, 
 my being confined to my bed for forty days by the 
 Batavian fever, the lofs of all ufe of my firft mate 
 by the fame diforder, and the death of my fecond mate, 
 prevented the effecting this before the 25th of Auguft, 
 when I left Batavia in my way to Madrafs. 
 
 The
 
 [ 5 1 
 
 The agth of Auguft I flopped at Prince's iflaod to 
 complete my ftore of water, as is cuftomary for fliips 
 failing weftward. \Vhen this was doing, 1 had not 
 the leaft fufpicion of any difcontent on the part of cap*, 
 tain Des Plans. The latter indeed, whilft at Sooloo. 
 had exprefied fome difidtisfaction on account of not 
 having a larger veflel for the troops, and complained to 
 me, for ordering their baggage to be fearched, as they 
 were embarking, and their gun powder to betaken 
 away and depofited in the (hip's magazine. But on its 
 being explained to him, that there was more than fuf- 
 ficient room in the (hip, and that the taking away the 
 gun- powder was a necefTary precaution ro prevent 
 fire, he acquiefced j and afterwards a perfect harmony 
 feemed to prevail. I had the greater confidence in this 
 appearance ; as I had feveral times accommodated Des 
 Plans both with money and goods, on having his bond 
 and receipt ; and during our ftay at Batavia had re- 
 ceived from him feveral friendly letters, the laft of 
 which, ftill in my pofleffion, was only a fortnight 
 before beginning to embark the troops, and contained 
 an applicacion for the loan of 3 or 400 rupees, which 
 were immediately advanced without any written ac- 
 knowledgement. Taking advantage of this unfortunate 
 fecurity on my part, of my not being recovered from 
 the Batavian fever, and of the opportunity from his 
 being on fliore, he formed a plan for feizing the (hip 
 and difpofleffing me of the command. His chief con- 
 federate was one John Marr, a failor from the Dutch 
 fervice, who had been retained by me at Batavia, and 
 acled as a fubftitute for the deceafed fecond mate. In 
 profecution of their mutinous fcheme, they exafperated 
 the Seapoys by telling them, that Des Plans had inter- 
 cepted a letter from me, offering to fell them to the 
 Malays ; and by this wicked ftory, and, as it is pre- 
 fumed, by other falfJboods of a like kind, the Seapoys 
 were feduced to join in the confpiracy. Accordingly 
 upon receiving orders from Des Plans, Mahommed 
 Ufab, one of the Subadars, afTembled a party of the 
 Seapoys under arms the 2(1 of September in the morn- 
 ing ; and by his command thefe feized me on the quar- 
 ter-deck, and forced me into clofe confinement in my 
 
 cubbin.
 
 [ 6 ] 
 
 cabbin, firft robbing it, and afterwards talcing fufl 
 pofleifion of the dip. In the afternoon of the fame 
 day, Des Plans came on board, and ordered Mr. 
 Godfrey my firft mate to take the command of the 
 Ihip; but on his refufing ? Des Plans went on fhore 
 again. About twelve the next night, Des Plans, ac- 
 comoanied by Marr and a party of Seapoys, returned to 
 the {hip. On their firft coming on board, the beha- 
 viour and difcourfe of Des Plans and Marr proved an 
 intention of putting me to death, and orders to fire 
 upon me in my bed were actually given by Des Plans 
 to the Seapoys. But Mahommed Ufab objected to 
 killing me, without firft bringing me on the quarter- 
 deck and hearing what I could fay for myfelf. This 
 fo difconcerted DCS Plans, that he found it neceflary to 
 give up the defign of murdering me; and upon con- 
 fulting' with Marr for a fliort time, the latter, haying 
 .iirft upbraided Des Plans for cowardice in not going 
 through (he bufinefs, went on fhore in the long-boat 
 with his things, and fled to the woods, from which 
 he refufed to return without a pardon for his crime 
 under my hand. Des Plans followed Marr on fhore 
 with a party of Seapoys j but finding, that he could 
 not be prevailed upon to return, Des Plans went on 
 'board the fhip again, and once more urged Mr. God- 
 frey to take the command of her. But he in the moft 
 peremptory terms refufed, telling Des Plans, that by 
 the laws of the fea, to obey his orders would be death, 
 and repeating the fame thing to the (hip's company. 
 Thus reduced to the extremity of not being able to 
 proceed without my aid, Des Plans fent Mr. Godfrey 
 with a letter to me, and alfo with a meflage defiring 
 me to navigate the fhip to Bencoolen. I anfwered, 
 that if I was rekafed from confinement, I would take 
 charge of the (hip as pilot. This was agreed to, but 
 before Des Plans would permit the fhip to weigh an- 
 ch'or, I was required to fign a paper promifing to carry 
 the ihip to Bencoolen j and, as I knew, that all oppp- 
 fition would be fruitlels, I complied. 
 
 In this'ftate of things, the {hip left Prince's ifland 
 the 6th of September, fhaping her courfe towards B^n- 
 coolen. Daring ihe pal!age*"Des Plans, though often
 
 C 7 J 
 
 to,- refufed to permit the chefts and lumber on tha 
 deck to be put into the hold, or any part of the (hip 
 to be cleanfed j his objet being to have her appear 
 at Bencoolen with every poflibledi fad vantage, in order, 
 that he might thereby create a prejudice againft me* 
 and colour his own criminality, by the pretence of hav- 
 ing feized the (hip to refcue the troops from ill treat- 
 ment. On the i fth, perceiving a (hip and a fnow with 
 Dutch colours at a faiall diftance, I defued Mr. God- 
 frey to give a fignal of diflrefs, and fire a gun ; but Des 
 Plans being informed of it by one of his people, and 
 knowing, that the laws of the fea would authorize even 
 foreigners to give me aid 1 ,, and to itnprifon thofe wha 
 had forcibly feized my fliip, commanded the fignal to 
 be taken down, and the gun to be unloaded. 
 
 After this incident of meeting the Dutch veffels, no- 
 thing material happened till the {hip's arrival at Ben- 
 coolen, which was on the 24th of September, 22 days 
 from Des Plans's piratical feizure of the fnip; a time 
 fully fufficient, at that feafon of the year, for carrying 
 her to Madrafs. When the {hip reached Bencoolen, 
 my Batavian fever having been greatly aggravated by 
 my fufferings from the criminal ads of Des Plans, I 
 was fo enfeebled, as to be fcarce capable of moving 
 without fupport. However, immediately on being land- 
 ed, I made (hift to wait on Mr. Carter, the Governor at 
 Bencoolen, and, in the beft manner the fever I languifti- 
 ed under would allow, reprefented the crime Des Plans 
 had committed, and declared my intention of bringing 
 Des Plans and his confederates to trial at a court of 
 admiralty. But Des Plans had been previoufly with 
 the Governor, to whom he endeavoured to exculpate 
 himfelf, by falfely imputing to me ill treatment of the 
 Seapoys, and infmuating that I had an intention of car- 
 rying them to Bengal ; and the cold reception, my com- 
 plaints met with, convinced me, that Dc-s Plans's bafe 
 reprefentations had lucceeded too well, to leave me 
 much hopes of redrefs from Mr. Carter; for he afFcited 
 to treat the charges againft Des Plans as a private diffe- 
 rence, which ought to be fettled at Madrafs, adding, 
 .whar, fmce my return from the Eaft Indies, I have 
 found to be a grofs falfehood, that there was no admi- 
 ralty
 
 [ 8 J 
 
 talty jurifdiftion at Bencoolen. On leaving the Go- 
 vernor I went into lodgings, where I was confined to 
 my bed by the violence of my fever for more than ten 
 days, with little expectation of recovery ; during which 
 time the Governor and Council, taking a cruel advantage 
 of my fituation, difcharged my fhip from the Compa- 
 ny's fervice, and figned a proteft againft me and Mr, 
 Kerr the owner, full of the moft injurious allegations. 
 This injuftice was the grofler, as the proteft was made 
 without any examination of witnefles, or giving me the 
 leaft opportunity of juftifying myfelf. However, the 
 violence of my fever being in fome degree abated, I was 
 not difcouraged from taking meafures to fecure juftice 
 to myfelf, and punifh Des Plans. With this view, I 
 wrote a letter to the Governor and Council, requefting 
 to have a copy of Des Plans's written charge againtt 
 me; propofing, that they (hould take the affidavits and 
 depofitions of the feveral perfons on board the fliip, 
 left death, or other accident, fliould deprive me of their 
 teftimony; offering to enter into bonds to profecute 
 Des Plans and the partners of his crime; and fuggeft- 
 ing, that, notwithstanding the want of an admiralty 
 jurifdidlion, they might, perhaps, be authorized to com- 
 pel him to give fecurity for his appearance. But this 
 Jetter was wholly difregarded by the Governor and 
 Council. They refufed a copy of Des Plans's charge 5 
 lecauje they propofed fending it to Madrafs, and did not in- 
 tend to enter into the merits of the dijpute between Des 
 Plans and trie. They declined taking the examination 
 of witnefles, becaufe they could not be of any ufe. They 
 refufed to take any precaution to oblige Des Plans to 
 appear, becaufe they had no doubt of his going to Madrafs. 
 They artfully confirmed me in the error y into which 
 I had been previoufly led, about the admiralty jurifdic- 
 tion ; for they avoided explaining to me^ that they had a 
 grant of //, and referred me to the Governor and Coun- 
 cil of Madrafs. It is fcarce poflible to conceive grofler 
 misbehaviour than what appears on the face of the let- 
 ter, which contains this anfwer from the Governor and 
 Council at Bencoolen. My charge againft Des Plans 
 was for z capital crime, ftated with the offering circum- 
 ftances of ingratitude^ treachery, and a dejign to murder. 
 
 ' Cofdly
 
 ( 9 ) 
 
 Coldly to denominate this a difpute, was an unfeeling abufe 
 of words. To refufe to examine into the grounds of this 
 charge, when they were poflefled of junfdicYton to try 
 the crime, was a fhamelefs breach of their duty j and to 
 deceive me into a belief of their not having a jurifdifiion, 
 was a meannefi of the loweft fpecies. Des Plans's 
 charges againft me, though not for crimes, were of a 
 ferious kind, both in refpedl to my fortune and cha- 
 rafter. To ground a proteft againft me upon thefe 
 charges, without hearing me or my witnefles, was of 
 Melf a great injuftice. But, after thus deciding on the 
 affair without a bearing^ to fay they did not intend en- 
 tering into the merits, to refufe me a copy of the ac- 
 cufation, to tell me that I fhould fee it at Madrafs, 
 and in the mean time to refufe taking any examinations, 
 was complicating incwjijlency with info/lice, and made 
 the higheft and moft infulting aggravation of the ori- 
 ginal injury. On receiving this injurious letter from 
 the Governor and Council at Bencoolen, I refolved to 
 embrace theearlieft opportunity of going to Madrafs, 
 in order to obtain that juftice there, which at the for- 
 mer place I had been fo ftrangely difappointed of. But 
 as the Patty for want of proper affiftance was ftranded 
 at Pullo-bay near Bencoolen, I was under the necef- 
 iity of purchafing another veflel for the voyage. The 
 only one, I could meet with, was a fnow belonging 
 to Governor Carter ; and, though his agent Mr. Coles 
 bad bought her a few months before for 8ool. when 
 (he was in a much better condition, yet the Governor 
 was fo exorbitant as toinfift upon 2500!. from me. My 
 fituation was fuch, that I was obliged to buy the fnow 
 at this unreafonable price ; the Governor taking a re- 
 fpondentia bond for one half of the money, and a 
 draught on the prefidency at Madrafs for the other 
 half. 
 
 As foon after purchafing Mr. Carter's fnow as the 
 feafon would permit, I fet fail for Madrafs, where I 
 arrived the i6th of July 1767. I immediately waited 
 on Mr. Bourchier, then governor of Madrafs, and de- 
 livered to him a packet from the Governor and Council 
 of Bencoolen, which 1 underftood to contain an ac- 
 count of the proceedings in my cafe, together with a 
 C pri-
 
 private letter from Governor Carter. Mr. Bourchie? 
 received me in the rudeft manner ; and, after reading 
 Mr. Carter's letter, broke out into a violent paffion, 
 and reflected upon me with very indecent language, 
 fuch as at any time would have been deferving of fevere 
 repreheniion, but was then particularly unmanly ; 
 becaufe he knew, that there was no fort of infult, but 
 what in his fituation as governor might be offered with 
 impunity. This beginning, fo inaufpicious to me, 
 was foon followed with other events, which proved, 
 that I was as far from juftice at Madrafe, as when at 
 Bencoolen. 
 
 One of the firft things done by me, after com- 
 ing to Madrafs, was preparing my account with 
 the Company, the ballance of which amounted to 
 .upwards of 5000!. in my favour, though I only 
 carried the account to the time of the {hip's dif- 
 charge at Bencoolen ; and alfo though I fufpended 
 making any charge for my trouble as agent to the 
 Company at Sooloo ; which I was induced to do; 
 becaufe no terms had been ftipulated on that head, and 
 I was then ignorant what was the ufual allowance, and 
 I wifhed to remove every obftacle to immediate pay- 
 ment. In this account credit was given to the Com- 
 pany for the half of the 2500!. for which I had given a 
 bill to Mr. Carter. But notwithstanding the large bal- 
 lance claimed by me, the Governor and Council by a 
 letter of the lothof June 1767, informed me, that they 
 declined accepting the bill given to Mr. Carter, till all 
 my accounts were adjufted. This delay of the ac- 
 ceptance furnifhed Mr. Bourchier, as attorney for Mr. 
 Carter, with a pretence for protefting the bill, which 
 was accordingly done, with a threat from Mr. Bour- 
 chier to fue me, unlefs the refpondentia bond was im- 
 mediately paid. Such a ftep was of courfe a great fhock 
 to my credit. But it was ftill further hurt by Mr. 
 Bourchier's unjuftly, and, as it is conceived, without 
 authority, refufing to permit my /now, which could 
 not ftay at Madrafs without great danger from the fea- 
 fon of the year, and a heavy expence and lofs, to fet 
 fail for Bengal, till both the refpondentia bond and 
 the bill were paid ; a ftep the moreoppreffive, as I declar- 
 ed my intention of remaining myfelf at Madrafs, How- 
 ever
 
 ( II ) 
 
 Was able to give fufficient fecurlty for paying off 
 the refpondentia bond. As to the bill, the proteft hav- 
 ing fufficiently wounded me, and the intention being 
 to effect this without prejudice to Mr. Carter, the 
 Governor and Council at laft found out, that there 
 would ks a ballance due to me beyond the bill, and there- 
 fore paid it without waiting for the adjuftment of the 
 account. The refolution of the Governor and Council 
 for this purpofe is dated the 1310 of Auguft, 1767, and 
 was thus expreffed : ' As there will, upon fettling Captain 
 '* DodweWs accounts, remain a ballance due to him, exceeding' 
 " his bill, for Spanifh Dollars 5000. drawn in favour cf 
 " Roger Carter Efquire, it is agreed, that the faid bill be 
 " difcharged." But this payment was made without 
 notice to me ; nor was I informed of it till afterwards, 
 when, there being no purpofe to anfwer for Mr. Car- 
 ter, the Governor and Council once more altered 
 their language, and charged me with a ballance of 520!. 
 Is it poffible to ftate a more apparently partial proceed- 
 ing, than this fhifting and capricious conduct of the 
 Governor and Council ? Was it not natural, that, on 
 comparing Mr. Bourchier's perfonal abufe at the firfl 
 interview, with his fubfequent illegal conduct in pre- 
 venting my fnow from leaving Madrafs, I ftiould im- 
 pute this cppreffive partiality of the Council to his in- 
 fluence ? 
 
 The next thing I gave my attention to was ob- 
 taining written depofitions from Mr. Godfrey the 
 chief mate, Edward Johnfon the gunner, and fuch of 
 the failors on board the Patty, when Des Plans's mu- 
 tiny broke out, as I had been able to keep together ; 
 and, as I found no fteps taken by the Governor and 
 Council for examining them, I applied to Mr. Sadlier 
 the Mayor of Madrafs, who examined the witnefles 
 perfonally, after which they figned affidavits, and he 
 fubfcribed to their having been taken in due form. 
 Thefe affidavits, containing the fulleft proof as well of 
 the crime committed by Des Plans and his accomplices, 
 with all the circumftances already ffated, as of my good 
 ufage of theSeapoys, were foon after tranfmitted to the 
 Governor and Council. I had fome hopes, that the 
 fight of thefe proofs might remove the ill impreffions of 
 the Council, and expedite the fettling of my accounts. 
 C 2 But
 
 ( 12 ) 
 
 But their filence foon convinced me, that they wer 
 equally averfe to all attempts to criminate Des Plans or 
 to exculpate myfelf; and, though laddrefled them with 
 feveral very prefling letter?, they fuffered me to remain 
 without an anfwer till the 28th of September, when 
 they fent me a letter, containing objections to the ac- 
 count I had delivered in ; and giving notice, that they 
 fhould fufpend a final fettlement of the account till the 
 arrival of Des Plans. As this letter explains the reafons, 
 on which the Board afterwards made out an account 
 charging me with a ballance to the Company, an anfwer 
 to it will fall within the obfervations I fhall make, when 
 I come to that account. 
 
 Three or four days after my receipt of this letter 
 from the Governor and Council, Des Plans arrived at 
 Madrafs in the Royal Admiral ; and in the fame fhip 
 Marr, who had abfconded from me at Prince's ifland, 
 was brought in irons for mutinous behaviour to the chief 
 of a fettlement fubordinate to Bencoolen. When I 
 heard of their landing, I immediately went to Mr. Py- 
 bus one of the Council, who was fitting magiftrate 
 for the week; and I told him, that I came to charge 
 Des Plans and Marr, and their accomplices, with the 
 crime they had committed on board my (hip whilft at 
 Prince's ifland ; and / required Mr. Pybus to take my 
 information on cath t and grant me a warrant for ap- 
 prehending the criminals. At the fame time I {hewed 
 him my information in writing, together with the af- 
 fidavits, which Mr. Godfrey and eight others of the 
 failors on board the Patty had fworn to before Mr. 
 Sadleir, obferving to Mr. Pybus, that thefe witnej/es were 
 ready to attend him and to add their tejlimony to mine. After 
 feme hefitation he peremptorily refufed to take my in- 
 formation or in any other refpe& to interpofe his au- 
 thority. Thisfhameful breach of duty by Mr. Pybus 
 as a magiftrate convinced me, that the courfe of 
 juftice was entirely obftructed in my cafe, and that it 
 would be fruitlefs to perfevere in the profecution of 
 Des Plans. However in order to record in the beft 
 manner I could Mr. Pybus's indecent mifcondufl, I 
 iigned a proteft againft him for denying the exercife of 
 his authority, and fent it to him regularly attefted by 
 a notary pubiick. 
 
 It
 
 f '3 3 
 
 It being now manifeft, that I was not to expe& evert 
 the femblance of juflice from the Governor and Coun- 
 cil at Madrafs, 1 had little hopes of their paying me 
 the whole of the balance due on my account current. 
 Yet a conviction of the fairnefs of my demands led me 
 to fuppofe, that I fhould receive a confidsrable part, 
 which, in the diftrefled circumstances fuch a feries of 
 oppreflions had involved me, was an object of import- 
 ance. But the Governor and Council at laft conde- 
 fcended to releafe me from the miftake I was under ; 
 for, about three weeks after Mr. Py bus's extraordinary 
 refufal to take any information againft Des Plans, they 
 lent me an account, by which 1 was made a debtor to 
 the Company in 1280 Pagodas or 512 1. The man- 
 ner of converting me, by a few ftrckes of the pen, from 
 a creditor into a debtor , was briefly this. 
 
 In my account I had charged the ufual batta or fea 
 allowance, for victualling the troops from Sooloo to 
 Bencooien. But the Governor and Council, in their 
 account, only credited me for one half, under pretence, 
 that I had not treated the troops properly, either in re- 
 fpecl: to provijions or accommodation^ and that I had been 
 guilty of uneceffary delays in the voyage. This deduc- 
 tion, making ^difference of more than 1900 1. was found- 
 ed on the moft unjuft accufations. As to the provifions 
 and accommodations, Mr. Godfrey, and the failors on 
 board the Patty, who were examined on oath, depofed, 
 that the Seapoys were treated in the fame manner as 
 my own crew ; that the provifions were good and fuf- 
 fkient ; and that they never heard the Seapoys com- 
 plain either of their provifions or accommodations, till 
 after the feizure of the fliip at Prince's Ifland; and I 
 am dill in pofleflion of vouchers, which prove my hav- 
 ing purchaied at Batavia a quantity of provifions, treble 
 more than might be expected to be necefiary for the 
 voyage to Madrafs, and at fuch a price, as will evince 
 the goodnefs of the quality to thofe converfant with 
 the fubjecl. In refpect to the delays in the voyage, 
 independently of their being merely inferred from length 
 of time, the Governor and Council had before them 
 the fulleft proof, that they were all unavoidable. Two 
 of the inftances of imputed delays were returning to 
 
 Sooloo
 
 r r 4 j 
 
 Sooloo a fecond time, and afterwards going to Eatavia* 
 But the neceffity of both thefe meafures was proved, 
 not only by the log-book, and the affidavit of Mr. God- 
 frey, my firft mate, but was even attefted by Des Plans 
 himfelf, who had fubfcribed his name to the previous 
 confutations I held. The other principal inftance 
 alledged was the length of my ftay at Batavia. But 
 this was accounted for, by the bad flate of my fhip 
 when I arrived at that place, the difficulty of repairing 
 there, and my illnefs, and that of my officers ; and Mr. 
 Godfrey had fworn to our time's having been employ- 
 ed in refitting the fhip; and if the board" at Madrafs 
 had not decided without hearing me, I could have 
 adduced other proofs, particularly vouchers (hewing 
 the expenditure of nearly 1000 1.. upon the fhip whilft 
 at Batavia. 
 
 Another charge in my acc9untwas thefumof 1991 1 
 for the privilege of me and my officers, being after the 
 rate of 1000 Arcot rupees a month, from my leaving 
 Madrafs, to the fliip's difcharge at Bencoolen, accord- 
 ing to the terms of the charter-party with the Company. 
 But the Governor and Council at Madrafs, in their 
 account, did not think fit to allow any thing for pri- 
 vilege. Thereafon they affigned, was, that I had for- 
 feited all pretenfions to privilege by private trade on 
 board the fhip. To this i anfwer. i. That the pri- 
 vate trade I carried on bore no proportion to the ex- 
 tent of the privilege ; for the privilege amounted to/txty 
 one tons in the hold ; but I carried to Sooloo on my 
 own account fiarce three tons of goods, as appears by 
 the invoice, and if the hold had net been under bal- 
 laft, thefe might have been flowed, either in the great 
 cabin, the gun-room, or the {lore-rooms, all of which I 
 was entitled to the ufeof, independently of the privilege. 
 2. That the goods, I carried out, were put on board 
 publicly, with the knowledge of the Governor and Council 
 at Adadrafs; and more than half were purchafed with 
 2OOO Pagodas, which themfelves had advanced me to- 
 wards victualling, and the other contingent expences of 
 the voyage ; and all were effential to the voyage, as Pago- 
 das were not current at Sooloo, and Dollars were not 
 to be had at Madrafs, which the Governor and Council 
 
 themfelves
 
 -C 15 3 
 
 themfelves mentioned in their letter of inftruclions. * 
 3. That the goods, I brought back on my own account, 
 did not exceed nine toxs t and were the barter for fuch of 
 the goods J bad taken out, as I could not difpofe of for money ; 
 the remainder of the goods I had on board, when the 
 (hip arrived at Bencoolen, being either the property of 
 the Company^ or fuch as I had taken upon freight for their 
 benefit^ in/lead of ballaft. If this explanation had been 
 attended to, and the Governor and Council at Madrafs 
 had not been under the influence of the moft invincible 
 partiality, I apprehend, that they would not have con- 
 ftrued my taking goods on board, under the circuro- 
 ftances I have ftated, a forfeiture of the fum agreed to be 
 allowed for privilege. , 
 
 Another article in my account was a charge of 300 
 dollars or 75!. for an interpreter to enable me to tranf- 
 adt the Company's bufinefs. But the Governor and 
 Council in their account did not allow me one Jhilling 
 for this article. The reafon they afligned was, that 
 Captain Dss Plans declared he afted as an interpreter when- 
 ever 1 dtfired him. But Des Plans's aflertion againft 
 me, who accufed him of a capital crime, ought not to 
 have been credited without the fupport of more unex- 
 ceptionable teftimpny ; and if the aflertion had 
 been true, it was too vague to warrant the inference of 
 the Governor and Council. The fa<t was, that Des 
 Plans did not know the Malayan language well enough 
 to act as an interpreter ; that I had hired one at Malacca 
 in my way to Sooloo j and that I kept him to the time 
 I left Batavia, which was about twelve months. With- 
 out fuch a perfon Icouid not have tranfa&ed my bufinefs; 
 and he was particularly neceflary at Sooloo, where I 
 had fo many accounts to fettle between the Company 
 and the natives. To this interpreter I paid much more 
 than 75!. for that fum was only the proportion I thought 
 it reafonable tochargeto the Company with; the remain- 
 der being charged to the (hip's owner, who, notwith- 
 ftanding the example of the Governor and Council, al- 
 lowed the charge in the accounts I fettled with him. 
 
 A further charge in my account was the fum of 275 
 dollars, or 62!. ios. for prefents I had fent to the king 
 of Paffier and his nobility. But the Governor and 
 
 Council
 
 Council at Madrafs difallowed the whole of this article j 
 becaufe 7 fo^ ns authority to trdnfafl ivith him en the Com- 
 pany's account. Yet Governor Bourchier accepted of the 
 geld-dufty which I brought frcm the King of Paflier, 
 and which, as I had reafon to believe, was much more 
 than equal to the prefents I charged the Company 
 with. Some will think, that the man, who obtained 
 for the Company the grant of a free and exclufive trade 
 to a country of no fmall confequence in the Eaft, 
 -without any ftipulations on the Company's part, ought 
 at leaft to be- paid the trifling fum of 62!. ics. as a part of 
 frs expences on the occafion ; whether the charge is 
 flri&Iy legal or not. But be this as it may, how can 
 Governor Bourchier reconcile his retaining the gold 
 <Juft I brought from the King of Paffier, with refuting 
 to allow for the prefents I gave in return ? 
 
 I had charged in my account 275 dollars or 681. 15?, 
 for \rood and matts, bags, boat, and cooly-hire, for feme 
 fago and cowries, which I had received in part of pay- 
 ment of the Company's debts at Sooloo. But the 
 Board in their account omitted this fum intirely; 
 though tt was a very reafonable charge, and I then had 
 and ftfll have the vouchers to fupport it. 
 
 Another article in the credit of my account was a fum 
 of ii 118 rupees, or 1389!- 155. for money and goods 
 advanced to Des Plans on the joint credit of the Com- 
 pany and himfelf ; for which he had given me his bond 
 and receipt. But the Governor and Council, in their 
 account allowed me credit for only ioiol. under pre- 
 tence, that the goods, which Des Plans had from me, 
 were fold at an exorbitant price ; though they did net 
 explain, what the overcharged articles were. The 
 fact was, that I had fold them to Des Plans at lefs than 
 the whole-fale price, which was current at Soo'oo, and 
 he had preferred them to money ; and by fo doing made 
 a great profit, as he difcharged with them fome debts 
 totheBuggufies, which, if they hadbecn paid in money, 
 would have been a great difadvantage to Des Plans. 
 In order to render this injuftice in depriving me of 370!. 
 cut of 1380!. more plaufible, the Governor and Coun- 
 cil, in their account, fa ifely flared only nco rupees to 
 have been advanced by me, in money ; when the truth 
 
 was,
 
 t i7 1 
 
 was, that Des Plans by a receipt acknowledged to have 
 received 2000 rupees in mwey, and not more than 2OOO 
 of the 9 1 1 8 rupees remainder of the debt, for which he 
 gave his bond, were advanced in goods ; nor was there 
 any evidence to the contrary, except the verbal afier- 
 tion of Des P.'ans. 
 
 Having thus deprived me of above 4400!. in the 
 credit of my account, .the Governor and Council com- 
 pleted the injury, by adding to the debit two fums, nei- 
 ther of which I was chargeable with. Of thefe the 
 principal, and only one worthy of notice here, was a fum 
 of 1025!. for an alledged deficiency in the produce of 
 fome goods, which I took in barter on the Company's 
 account. The facts relative to this article were thefe. 
 Before I failed from Madrafs for Sooloo, the Governor 
 and Council fent fome blue and white long cloths on 
 board my fliip, with written inftru&ions to difpofe of 
 them to the beft advantage in concert with Captain Des 
 Plans. When I was at Sooloo, I found, that thefe 
 cloths were fo ill chofen for the market, as to render an 
 advantageous fale of them for money impracticable. This 
 being the cafe, I was glad of the opportunity of barter- 
 ing them for fome wax pearls camphire and ebony, 
 which I had reafon to believe would finally bring a very 
 large profit to the Ccmpany j their cloths being rated 
 in 7he barter at 100 per cent more than the invoice 
 price ; and the wax camphire and ebony, taken in re- 
 turn, being valued according to the rate fettled between / 
 Mr. Dalrymple and the people of Sooloo when he was * 
 there as agent for the Company; and the pearls being 
 rated in a way equally for the Company's benefit. As 
 this barter was likely to be fo profitable to the Com- 
 pany, and was made with the knowledge and confent of 
 Des Plans, \ had not an idea, that I fhould be deemed 
 to have acted againft the fenfe of my inftru&tons. On 
 the fhip's arrival at Bencoolen, the Governor and Coun- 
 cil there infifted on taking thefe bartered goods into 
 their pofleffion, and gave me a receipt for them ; from 
 which time I confidered this tranfaflion as wholly 
 clofed between the Company and me; efpecially as 
 they fold the wax before I left Bencoolen. But more 
 than a year after, the Governor and Council at Madrafs 
 D required
 
 required me to take the camphire pearls and ebony 
 back again ; and,, though I refilled to take them, as 
 well on account of the c.amphire's being injured in qua- 
 lity by the length of time, and the feaion's being fo far 
 advanced, that the pearls could not be fent to the China 
 market for a year to come, as becaufe I did not choofe to. 
 open a clofed tranfaction, yet the Governor and Coun- 
 cil at Madrafs, in their account, not only charged me 
 for the Company's bartered cloths, but fated them 
 loo per cent beyond ths invoice price, in the fame 
 manner as I had done in bartering them. But I fubmit 
 to thofe converfant with mercantile fubje&s, whether 
 this manner of proceeding was not wholly unjuftifiable.. 
 The fpirit of my inftrudlions feems fully to have war- 
 ranted the barter I made ; or if it had not been fo, tak- 
 ing the bartered goods from me at Bencoolen-, and 
 felling part of them, fo confirmed the tranfaction, .as to 
 take away all pretence for afterwards impeaching it ; or 
 (houlo I be miftaken in both thefe points, ftill it was a 
 moft unreafonable thing to charge me with a profit of 
 100 per cent on the invoice price of cloths, which, 
 though i bartered them after that rate, could not be fold 
 at Scoloo for money at any rate, and, if they had been 
 brought back to Madrafs, would not have fold there for 
 more than three fourths of the invoice price. There is 
 the lefs excufe for this injuftice, as I actually made an 
 offer to take the remainder of the goods I received in 
 barter, if the Governor and Council would accept of 
 the invoice price of the Company's cloths, and nine per 
 cent inter ejl from the date of the invoice, which would have 
 been a profit of 25 per cent, on the invoice price. This 
 offer being rejected, the camphire pearls and ebony 
 were left in the Company's warehoufe at Madrafs,. 
 where I fuppofe they fti'l remain. 
 
 Such were the principal operations, by which the 
 Governor and Council eluded the large ballance, which 
 was due to me ; and the refult was, that, inftead of 
 having more than a principal fum of 5000 1. with Eaft 
 India infereft to receive, 1 found myfelf charged with a 
 debt of above 500 1 to the Company, a charge, which 
 was equally contrary to the truth of the cafe, and the 
 Board's own refaction two months before, and proved, 
 
 that
 
 [ 19 J 
 
 that 1 was to be debtor or creditor, as, for the prefent 
 moment, beft fuited the plan of oppreffion. Left, too, 
 this grofs injuttice fhould fail to deter me from any 
 further proceedings, they gave the finishing ftroke, by 
 promoting Des Psans to a majority; one reafon, expre/Jy 
 ailigned in the Council books, being bis fyiriied condufl 
 in obliging me to proceed with the Patty to Fort AiarlbroHgb. 
 After experiencing fo much oppreffion from the 
 Board at Madrafs, I thought it high time to remove 
 niyfeif cut of the reach of their perfecution } and ac- 
 cordingly, I left that place about January 1768, and 
 went to Pondicherry, whence I proceeded to Calcutta. 
 Having fettled various accounts with fome merchants 
 there, i went to Bombay, and at this laft place was enga- 
 ged by Governor Hodges and others in two voyages, 
 which turned out fo profitable, that I found mycircum- 
 ftances fuch, as enabled me to return to England, where 
 I arrived in November 1771. I immediately began to 
 prepare a narrative of my cafe for the Directors ; but 
 the relative papers and vouchers were fo numerous, that 
 I was not able to lay it before them till a year after my 
 return. My cafe was referred to a committee of trade; 
 but they fuffercd nine months to pafs without proceed- 
 ing in the bufmefs. At length, in confequence of fe- 
 veral prefilng letters, I was fummoned to attend the 
 ^committee; bur nothing of confequence pafTed ; and 
 not hearing from them for three months more, I, in Ja- 
 nuary 1774, wrote a letter to the Directors, reminding 
 them of the bufmefs. But before I lent this letter in, 
 I fhowed it to the then chairman Mr. Wheeler, who, 
 to my great aftomfliment, told me, that my cafe had been 
 decided againft me above a month before. This in- 
 formation was foon confirmed to me by a letter from 
 the Company's fecretaty. Extremely mortified at hav- 
 ing my claims thus decided upon by the Directors, 
 withoutexaminin? me to any of the points in queftion,or 
 fo much as entering into the confideration of any one 
 article of the account current, though whenever 1 heard 
 of the committee's meeting, I attended with my papers 
 and vouchers ; I applied to the court of Dire&ois for a 
 revifion, and accordingly my cafe was once more referred 
 to a committee. The tiiit time of attending them, I 
 D 2 found,
 
 r 20 j 
 
 found, that the delay, imputed to me* in the voyage be- 
 tween Sooloo and Batavia, was the objed under their 
 immediate enquiry, and that they were ready to adopt an 
 erroneous opinion in confequence of fome grojs falftfi- 
 catiom in the copy of my journal, which had been tranf- 
 rnitted by the Governor and Council at Bencoolen. 
 Thefe immeaiately occurred to me, and at the next 
 meeting I laid before them the original journal, on 
 comparing which with the copy, the latter appeared, 
 and was acknowledged, to be fo eflentially different from 
 the former, that I underftood the Committee to approve 
 of my conduct in refpecl to the navigation of the (hip 
 till my arrival at Batavia ; and as the charge of wil- 
 ful delay, before I reached that place, was one prin- 
 cipal foundation of the proteft for difcharging my fliip 
 at Bencoolen, I at length entertained hopes of a full and 
 candid examination. But thefe were foon diffipated 5 
 for, inftead of proceeding to the other points of the 
 cafe, the Committee flopped fliort in the inquiry, and 
 reported it as their opinion, that I bad no jujl demands 
 on the Company. The fubftance of this report, as it was 
 afterwards confirmed by the Court of Directors, and 
 therefore, without explanation, might raife a prefump- 
 tion againft the juftuefs of my claims, is proper to be 
 ftated and obferved upon. 
 
 The firft opinion it contained was, that my going 
 into gtuedab in my way to Sooloo was unneceffary^ and 
 therefore improper. This charge was not only new, 
 but unknown to me , till I read the report; and had I 
 been.examined to it, when I attended the Committee, 
 nothing could have been more eafy than to have an- 
 iwered it. Quedah, at the feafon I left Madrafs, was 
 right in my way, and was the beft and fafeft pafiage 
 to Sooloo, on account of the land and fea winds, which 
 then prevailed on the Malay coaft. I flopped only 
 four days, to take in wood, water, and provifions ; 
 part of which time I was kept for want of wind ; and if 
 I had not taken this advantage of fupplying myfelf at 
 Quedah, I muft afterwards have ftaid a longer time at 
 Malacca, toha.e procured the like neceflaries. Fur- 
 ther, notwithfhinding the latenefs of the feafon, I made 
 good my paffage to Sooioo before the Shifting of the 
 
 Monfoon.
 
 [ 21 ] 
 
 Monfoon. In other words, my going to Quedah made 
 no fort of difference in the voyage j and fo the Com- 
 mittee would have found, if they had examined me to 
 this point, or had underftood the nature of the naviga- 
 tion, and had fufficiently adverted to my journal, and 
 the affidavit of Mr. Godfrey, my firft mate. But at the 
 worft, as my paiTage was not loft, the imputation is of too 
 trifling a nature to have any influence on my demands. 
 In the next paragraph the report acquits me of every 
 mifcondut in the navigation of the {hip from Quedah 
 to Sooloo, and from thence to Batavia. This, I con- 
 ceive, to be a very important conceffion, as it wholly 
 exculpates me from the principal parts of thofe unne- 
 ceflary delays, which were imputed to me by the 
 boards atBencoolen and Madrafs. 
 
 The next paflage in the report alledges, that myjlay 
 at Batavia was much longer than appeared to have been ne~ 
 cejfary. But if the particular circumftances, by which 
 I explained my ftay at that place, had been taken into 
 confideration, together with the vouchers in my cuf- 
 tody, relative to the repairs of my fhip, which would 
 have been produced, if the Committee had continued 
 their enquiry, they could no more have blamed me for 
 my ftay at Batavia, than for going there. 
 
 The remainder of the report confifts of a general 
 conclufion againft my having any demand on the Com- 
 pany, exprdled to be chiefly founded on the decifion 
 ^f the Board at Madrafs, and without fpecifying an 
 opinion on fo much as one article of the account current^ 
 r containing a Jingle word on the piratical feizure of 
 the Jhip, and the various injuries and opprejfions of the 
 Company's fervants abroad. Thus, after flattering me 
 for nearly two years with hopes of a full difcuffion of 
 my cafe, the Directors avoided going into the principal 
 points of it, and ended with presuming in favour of that 
 very decifion of the Governor and Council at Madrafs*, 
 from which I appealed. 
 
 When 
 
 * It is the more extraordinnry, that the Direftorrs fliould 
 give fuch implicit credit to the Board at Madrafs; as foon af- 
 ter my leaving that place, the Court of Directors ordered Go- 
 vernor
 
 C 22 ] 
 
 When the Directors had come to this fecond refolti- 
 tion againft allowing my demands, I faw it would be 
 in vain to attempt troubling them with any further ap- 
 plication of an amicable kind. I therefore filed a bill 
 in Chancery againft the Company, knowing, that, frcm 
 the neceffity of an anfwer, the Directors, however difin- 
 clined, muft once more relume the confideration of my 
 cafe. But, immediately after, I fent in a letter to the 
 Diredors, explaining this to be the principal view 
 with which I made this laft effort to procure juftice, and 
 proposing an amicable adjuftment of my affair. The 
 fubftance of my propofal was, that the Company's So}- 
 licitor fhould draw a ftate of my cafe for the Attorney 
 General's opinion on my account current; and that his 
 decifion fhouid be final to me, but not binding upon 
 the Directors, unkfs they fliould think proper to make 
 it foj the only terms, I defired to ftipulate for myfelf", 
 "being a liberty to fee the cafe when ftated, and to tranf- 
 'mit to the Company's Sollicitor fuch obl'ervations, as I 
 ihould conceive to be ntceffary for n.y own juftifica- 
 t'on I added, that if the Attorney General fhould 
 decline giving his opinion, I was ready to fubmit to the 
 award of the Sollicitor General, or any ether indiffe- 
 rent gentleman of the bar the Directors fhould name; 
 that 1 would pay the whole cofts of the reference j and 
 laftly, that, if this reference to my account current was 
 confented to, I would releafe the Company from all 
 claims for damages, and in refpeft to thefe, would 
 wholly rely on the Company's honour for any fum the 
 gentleman, to whofe opinion the cafe fhould be left, 
 might recommend. 
 
 This propofa) the Directors have thought proper to 
 reject, founding them'elves on the difcuflion they have 
 aireaay given to my pretenficns, and alfo fuggefting, 
 
 vernor Bourchier fieme for mifcofidufl, and feverely reprimand- 
 ed the council undtr him. This appears by the following 
 ex t raft from the Company's general letter, which was fent 
 to the Board at Madrafs in 1775, when Lord Pigot was laft 
 appointed to the Government there. 
 
 ' So great was our rejti.tntnt againft our Prefident and Council, 
 " that we not only ordtred I\':r. Bourchier tc quit the go e verameat t 
 " buiftvertfy reprimanded the members oj our Council." 
 
 that
 
 C 23 ] 
 
 that they have acted with the ajjl/lance of the Company's 
 Law-officers, Naming the law-officers induced me to 
 apply to know, whether any cafe was ever ftated to the 
 Company's counfel, or he had given any written opi- 
 nion, and if fo to have copies; but the Directors have 
 thought fit to ref'jfe every part of the information I de- 
 fired. 
 
 Thus difappointed in the attempt to obtain an ami- 
 cable reference from the Court of Directors, I now 
 make my appeal to the juftice of the Proprietors at 
 large; trufting, that from their fenfibility I (hall expe- 
 rience a very different fort of treatment. 
 
 I do not requeft, that the Proprietors fhould give me 
 credit for any of the facts I have ftated, or that they 
 fhould allow the debt I claim to be due from the Com- 
 pany ; or, even that they fhould give themfe'ves the 
 trouble of deciding upon my claims. 
 
 What I apply for, is a reference of my demands to 
 the decifion of an impartial arbitrator between the 
 Company and me. To render the propofal more un- 
 exceptionable, I fubmit to be finally bound by his 
 decifion, however unfavourable to me ; and yet I agree, 
 that, if favourable, it fhall not be conclufive to the Com- 
 pany. 
 
 It cannot be objected, that complying with my requeft 
 will bring upon the Company any improper expence ; 
 for I confent to pay all the fees and other incidental 
 charges. 
 
 It cannot be objected, that I expect an unreafonable 
 fum for damages ; becaufe though I know myfelf to 
 have been moft cruelly opprefled by the Company's 
 fervants abroad, yet I confent to wave my claim to 
 damages, and to confine the reference to my account 
 current. 
 
 If it is objected, that the Directors have already given 
 a full difcuflion to my claims, I deny the fact ; and I 
 beg leave to a/Terr,, that, either in confequence of the 
 influence arifing from Mr. Bourchier's connections and 
 fortune, or from the want of fuflicient time to examine 
 into my cafe, their inquiry was moft imperfect; and I 
 appeal to the terms of their own report. But fhould 
 I admit the faft to be otherwife, it would not prove the 
 
 reference
 
 C 24 ] 
 
 reference I afk for to be unnecefTary ; becaufe the Di- 
 rectors, though not perfonally interefted againft me, are 
 fo officially* and therefore their opinion, without any 
 difrefpeft to them, may be well fuppofed to have been 
 influenced by a partiality for the Company and their 
 fervants ; nor is it any incivility to impute a like par- 
 tiality to the Company's law-officers, if they really did 
 give any opinion to the Directors, which I have reafon 
 to believe was not the cafe. 
 
 Upon the whole, I fubmit, that the propofed refe- 
 rence is free from' every fort of objection ; that, as on 
 the one hand it will remove improper obitacles to the 
 fatisfaclion of my claims, if they are jujl> fo on the 
 other hand, it will produce an effectual condemnation 
 of them, if they are unjujl ; and laftly, that thus open- 
 ing the door to an impartial examination, without 
 forcing me to rifque a fuit,.which, however well-found- 
 ed, might by its tedioufnefs and expence create new 
 embaraffments^ inftead of healing old injuries, will not 
 more conduce to juftice to me, than it will reflect ho- 
 nour on the Company. 
 
 GENTLEMEN, 
 I have the honour to be 
 
 Your moft obedient 
 
 and moft humble fervant 
 London, 
 April 25, 1777. 
 
 GEORGE DODWELL 
 
 A P P E N-
 
 C 25 J 
 
 APPENDIX. 
 
 Affidavit of Mr. GODFREY, Captain Dod- 
 well's Firft Mate, 
 
 WILLIAM GODFREY, * late chief mate of the 
 (hip Patty, Captain George Dodwell com- 
 mander, maketh oath, and faith : That he proceeded 
 in the faid (hip from Madrafs to Sooloo, as fecond 
 mate ; that, in croffing the bay, meeting with frefh 
 gales, they fplit the fails, and occafioned many other 
 accidents; that, on the twenty-third of Auguft, in 
 the year of our Lord one thoufand feven hundred and 
 lixty- five, being off the port of Cudda, and having little 
 elfe but light airs and calms, Captain Dodwell embra- 
 ced the opportunity of flopping there, to enlarge his 
 flock, of provifions, and continued there about four 
 days, and from thence proceeded to Malacca ; where 
 the faid (hip arrived the feventh day of September, in 
 the faid year one thoufand feven hundred and lixty-five, 
 and procured water, and fuch other neceflaries as could 
 be procured, for the faid (hip's ufe; and, on the ele- 
 venth day of the faid month of September, failed for 
 Sooloo, and arrived there on the twenty-fifth day of 
 October following ; and after flaying there about fe- 
 venty-five days, tranfa&ing the Company's affairs, and 
 taking in neceffaries for the ihip, &c. Captain Dodwell 
 received the troops on board, and put to fea, in order, 
 
 The principal facts, fworn to in this affidavit, are confirmed 
 by the affidavits of eight others of the crew of Captain Dod- 
 well's (hip, being all of his failors who happened to be at 
 Madrafs when the examinations were taken. If the Governor 
 and Council at Bencoolen had not refufed to take the exami- 
 nations, when Captain Dodwell propofed it, there were mwy 
 witnefles more, who were ready to have i'worn to the fame 
 facts.
 
 as this deponent verily believes, to return to Madrafs ;. 
 but meeting with a hard gale of wind, the {hip's fails 
 and rigging were very much damaged ; and having loft 
 two anchors, and fprursg a leak, a confutation was 
 hel'd, on the eighteenth 'day of Febiuary, in the year of 
 our Lord one thoufand feven hundred and fixty-fix, be- 
 tween the faid Captain Dodwell, Captain Des Plans, 
 Dennis Holland firft mate, and this deponent ; the re^ 
 fult of which was r to return to Sooloo, which was done 
 accordingly ; and, after getting what fmall afliftance 
 that place could afford, towards refitting the faid fhip, 
 and the ftill remaining very leaky, another conciliation 
 was held, in Sooloo roads, on the twenty-fourth' day 
 of the faid momh of February, and it was determined 
 to proceed to Batavia; in purfuance of which, on the 
 twelfth day of March following, the faid Captain Dod- 
 well put to fea for that purpole, and ftopt at Paffier on 
 the twenty-fecond day of the faid month of March, pro- 
 vided wood and water, and, on the ninth of April fol- 
 lowing, put to lea, and endeavoured to weather the 
 fouth end of Borneo ; which, with great difficulty, was 
 done; and, on the twenty-third of the faid month of 
 April, came to an anchor off Tomborneo, and conti- 
 nued there till the tenth day of May following, and 
 then p-oceeded to Batavia, where the faid (hip arrived 
 the twenty-fixth day of the faid month of May ; and, 
 during her ftay there, the time was chiefly taken up in 
 repairing her; but as it was very difficult to obtain 
 water there, the faid Captain Dodwell determined to 
 proceed to Princes Ifland, and on the faid Captain Dod- 
 well, Capt. Des Plans, Mr. Burnet of Batavia, and th 
 deponent's going on board for that purpofe, en the 
 twenty-fecond day of Auguft, Mr. John Marr, whom 
 Captain Dodwell received on board, at Batavia, as fe- 
 cond mate, in the prefence of this deponent, the faid 
 Mr. Burnet, and Captain Des Plans, complained to 
 Captain Dodwell, that the Seapoys, when they went 
 on board, weie inclined to be mutinous, per rifting in 
 carrying jars, and all manner of dirt and Lth between 
 decks j which he endeavoui ing to prevent, one of them 
 took a billet of vvo;>d, threatening to throw it at him ; 
 upon which he was under the neccfiity of going to the 
 
 cabin
 
 rabin, and bring out a piftol to terrify him,; threaten- 
 ing, if they would not de'ift, he would immediately 
 make a fignal of diftrefs to the Dutch (hips, and have 
 them fecured, and pumflied for mutiny, or to that ef- 
 frcl ; that the faid Captain Dodwell proceeded with 
 the faid fhip to Princes Ifland, where he arrived the 
 twenty-ninth day of Auguft ; and, during *>er flay 
 there, Adahomad Utah, fubadar, in a mutinous manner, 
 on the fecond day of September following, got the 
 Seapnys under arms, forced Captain Dodwell (who 
 was then on the quarter-deck) into his cabin, anjf 
 clolely confined him there; robbed the cabin, and took 
 full pofieflion of the fhip j placing two centinels, with 
 bayonets fixt, before the cabin door, and one'centinel 
 in the ftern gallery, with a drawn fcymetar; and, for 
 fome fme, refufed him, this deponent, admittance to 
 fyeak to the faid Captain Dodwell, or even to go to 
 the ftern gallery: that, the next morning, the muti- 
 neers, or part of them, feized the long boat, forced into 
 her a Lafcar, and took her on (bore ; and, in the after- 
 noon of the fame day, Captain Des Plans came on 
 board, and ordered him, this deponent, to take the 
 command of the (hip, without affigning any reafon for 
 it, or telling him where he wanted him to carry her to: 
 but, on this deponent refufing fo to do, the faid Cap- 
 tain Des Plans returned on fhore again. The muti- 
 neers, or part of them, were conftantly armed -. that, 
 the next night, the longboat returned, bringing'withher 
 Captain Des Plans, the faid Mr. Marr, and a party of 
 Seapqys, and they drew up in two ra~nks, upon the lar- 
 board fide of the quarter-deck, armed ; and, to the beft 
 of this deponent's recolle&ion, with bayonets fixt. Mr. 
 Marr, coming into the (hip, faid, " I am Captain of 
 this (hip : he's a dead man ~." (meaning, as this depo- 
 nent verily believes, that the faid Captain Dodwell was 
 a dead man) : and this deponent defired to know whom 
 he meant ; and he replied, *' Afk no quettions : if you 
 have any regard for yourfelf, go forward." But on this 
 deponent's requefting leave to flay to receive Captain 
 Des Plans, he, this deponent, obtained it ; Mr. Marr, 
 having firft afk^d Captain Des Plans's confent: and 
 when the faid Captain Des Plans came on board, be, 
 E 2 this
 
 tfus deponent, afked him the occafion of the people's 
 being drawn up, and under arms ; and told him, he 
 feared fome bad defign was going forward. He replied, 
 44 There is no harm meant to you ; (meaning this de- 
 ponent) make yourfelf eafy." This deponent replied, 
 " I know you intend me none, but I fear Mr. Marr 
 may." Upon which this deponent and Captain Des 
 Plans embraced each other ; when the former burft in- 
 to tears : that this deponent found, the faid Captain 
 DCS Plans had got one or more piftols on each fide, un- 
 der a cloak which he had on. Mr. Marr coming up to 
 Captain Des Plans, told him, there was no time to be 
 loft : making ufe of the words, " Let us do the bufi- 
 nefs," (or to that effect) : after which the faid Captain 
 JDes Plans, and Mr. Marr, went on the quarter-deck, 
 towards the cabin door, and this deponent went for- 
 ward : that the gunner and quarter-mafter coming up 
 about that time, were ordered forward, (all, or moft of 
 the ftiip's company being forward before) : that, by a 
 Seapoy's information to this deponent, Captain Des 
 Plans was the perfon agreed on, to carry their defign 
 .into execution; which was, as the faid Seapoy inform- 
 ed this deponent, to murder Captain Dodwell when in 
 his cot : he alfo informed this deponent, that the faid 
 Mahomed Ufab told the faid Captain Des Plans, that 
 it was cowardice to murder him, as he was their pri- 
 foner, and likewife under their hands, to do as they 
 pleafed with him : that he might be brought upon the 
 quarter-deck, to fay or ccnfider of any thing, before his 
 death j or to that effect : that the faid Captain Des 
 Plans and Mr. Marr went forward, and confulted, or 
 talked together for fome time ; and Mr. Marr upbraid- 
 ed Captain Des Plans wi:h cowardice, in not going 
 through with what he had undertaken that Mr. 
 Marr kft him, and went into the long boat, taking 
 with him a box and other things: that, foon after- 
 wards, Captain Des Plans followed him in tears, with 
 the party they brought along with th.m: that, after 
 Captain Des Plans had got afliore, he wrote to this de- 
 ponent, rtquefting him to go on fhore; to which this 
 deponent returned for anfwer, he could not do fn : 
 that, the day following, the faid Captain Des Plans 
 
 trciu
 
 ( 29 ) 
 
 went on board the faid fhip again, and ftill continued 
 to requeft this deponent to take the command cf the 
 faid (hip ; and ddired to know, what harm it would do 
 him Co to do : and this deponent begged to know, why 
 he fliould be fo dtfirous of taking away his life. Cap- 
 tain Des Plans replied, *' How do you mean ?" 1 his 
 deponent returned for anfwer, if he con plied with his 
 requeft the civil law would hang him ; and, if he did 
 nor, that his life was at his, the faid Captain Des Plans's, 
 mercy : and that, if the {hip's company obeyed his or- 
 ders (meaning Captain Des Plans), they likewife would 
 fuffer: that he, this deponent, repeated the fame to 
 the (hip's company : that this deponent, by the parti- 
 cular defire of the faid Captain Des Plans, went to Cap- 
 tain Dodwell, who was confined in his cabin, with a 
 letter from Captain Des Plans, and a meflage defiring 
 Captain Dodwell to pilot the faid fhip to Bencoolen ; 
 and Captain Dodwell defired this deponent to tell him, 
 that, if he would take the centinels from him, he 
 would take charge of the fhip, as pilot: that then the 
 centinels were taken off, and Captain Dodwell releafed. 
 But, before Captain Dodwell could obtain permiffion 
 to weigh, they obliged him to fign a paper, that he 
 would go no where elfe but to Bencoolen ; or to that 
 effect: and the faid Captain Dodwell departed with the 
 faid fhip, from Princes Ifland, for Bencoolen, on the 
 fifth day of the faid month of September : that, upon 
 the paifage there, Capt. Des Plans complained of not 
 having room enough, between decks, for the people: 
 and he, this deponent, offered feveral times to put the 
 people's chefts, or any lumber, into the hold; which 
 Captain Des Plans refufed to permit him to do ; de- 
 claring, it fliould not be cleaned until their arrival at 
 Bencoolen : that, upon the paflage, the fail being 
 fplit, and having occafion to bend a new one, he, this 
 deponent, attempting to get another, Captain Des 
 Plans afked him, if he had not already ordered no- 
 thing (hould be done without firft acquainting him ; 
 and this deponent faith, he imagines the veflel, on 
 leaving Batavia, would have been too crank, or top- 
 heavy, if {he had drawn lefs water; her draught, at 
 that time, being only thirteen feet forward, and thir- 
 teen
 
 ( 30 ) 
 
 teen feet abaft: and further this deponent faith, that 
 there was fufficient room in the hold, to flow every 
 thing away that was between decks, and more, if there 
 had been occafion : and this deponent faith, tnat, from 
 the time of leaving Sooloo, to the vellV.'s arriving at 
 Princes ifland, he never heard any complaint made to 
 Captain Dodweil by the Seapoys, for the want of rice ; 
 nor doth he think they had occaiion to corrplain : but 
 that, a (hort time after their leaving Sooloo, Captain 
 Des PJans thinking their allowance too great, reduced 
 it himfelf, after having applied to Captain Dodweil, in 
 this deponent's he ring, for that purpote : and the de- 
 ponent further faith, that Captain Dodweil ufed his 
 endeavours, to make every thing as agreeable and com- 
 modious to the Seapoys as he could j and he, this 
 deponent, cannot think the Seapoys could have any juit 
 caufe of complaint: nor does tn is deponent believe, 
 that the faid Captain Des Plans, and Mr. Marr, or ei- 
 ther of them, had any juft caufe or reafon whatfoever 
 for behaving in the manner before-mentioned, on ac- 
 count of the faid Captain Dodweli's behaviour, eiiher 
 wkh regard to the faid fhip r or themklves, or on any 
 other account. 
 
 WILLIAM GODFREY. 
 
 Sworn at Fort St. George, this 2ift day of June, in 
 the year of our Lord one ihoufand feven hundred, 
 and fixty- feven, before me, 
 
 ANTHONY SADLEIR, MAYOR. 
 
 Letters from CAPTAIN DODWELL to the 
 COURT of DIRECT ORS, and their Anfwers. 
 
 To the Honourable Court of Directors of the United 
 Company of Merchants of England trading to the 
 Eaft-indies. 
 
 GENTLEMEN, 
 
 O O O N after your afolution of the 2ift of Oc- 
 ^ tob r 1774, in rrfpect to my demands on the Eaft 
 India Company, my affairs required me to make a 
 
 vifit
 
 r 31 J 
 
 vifit to my father and his family in Ireland, where, not 
 having been fince my firft going into the navy, I was 
 neceffarily detained till laft April. But immediately on, 
 my return to England, I confulted Come friends, in 
 whofe opinion I have a great confidence, on the pro- 
 priety of talcing further meafures with the Company ; 
 and, notwithitandinij the ill fuccefs, which has hitherto 
 artended my applications, fo favourable was their idea 
 of my ca'e, that I was adviffd to make another effort 
 for procuring juftice. The reluit of this advice was the 
 bill, which I have lately filed in Chancery againft the 
 Company. Left however this adverfe ftep fhould be 
 mifconftrued, I be^; leave to explain the views and 
 expectations, by which I have been influenced to 
 adopt it. 
 
 Notwithftanding a confcioufnefs of the rectitude of 
 my conduct towards the Company, and of having 
 performed my engagements with them in the mod exat 
 and honourable manner, fo far as the p'ratical vio- 
 lence ufed towards me by Captain Des Plans and his 
 confederates vvouid permit ; notwithstanding a convic- 
 tion, not only, that I have not wilfully made any 
 improper charge in my account current, but that a 
 recompence ought to be made to me by the Company 
 for the great injuries, which I have fuftained from their 
 fervants abroad ; I lay, that, notwithstanding thefe 
 feelings of my integrity, and this perfuafion of the 
 juftice of my demands, yet I am far from flattering 
 myfelfwith fariguine hopes of procuring a full com- 
 penfation from the Company in an adverfe way. I 
 am aware of the very great difad vantages, under which 
 an individual muft conteft with a great trading Com- 
 pany fo ditlinguiftied both for wealth and power. I 
 forfee too, how difficult it muft be to eftablifa the 
 pureft claim in a court of juftice, when the fads, on 
 which it depends, have happened in a diftant country : 
 and even, though it fhould be practicable to colledt all 
 the neceffary evidence, how expenfive and tedious the 
 proceedings would neceflanly be. Thefe confiderations 
 would not leave great room for hopes of an effectual 
 remedy in a court of juftice to a perfon of any defcrip- 
 tion, however important his fnuation, opulent his for- 
 tune,
 
 r 32 ] 
 
 tune, or extenfive his connexions. Much lefs car; 
 fuch expectations be indulged by one, whofe fortune 
 is fo greatly exhaufted, as mine is, by a feries of mis- 
 fortunes and oppreffions, and whofe pretenfions in other 
 refpe&s are fo inconfi ierable. In truth my chief hopes 
 of redrefs are of another kind. They arife from the 
 opinion, which, in fpue of the ill fuccefs of my former 
 applications, I ftill have, that the great public body, 
 againll which I have been forced to commence a pro- 
 ceeding in Chancery, will finally do me fomejuftice of 
 their own accord. To give them the opportunity of 
 fo doing, was one great objet I had in view, when I 
 filed my bill ; nor would this adverfe llep have been 
 taken, if I had feen any other way of inducing the 
 Company toreconfider my cafe. 
 
 My claims on the Company being thus once more 
 brought before you, I beg leave to fubmit to your con- 
 fideration a propofal for an amicable fettlement of them j 
 one, which, if they are wholly ill founded, will expofe 
 them to decifive condemnation, and, at all events, 
 will reduce my demand to a fum of little importance to 
 the Company, though very material to me. 
 
 The claims, I have made, confift of the bal'ance 
 due on my account current to the Company, and of 
 damages for the injuries done to me by their fervants. 
 In refpe& to my account current, the articles an- 
 nexed to the printed narrative of my cafe ftill appear to 
 me proper, with an exception only of part of the ar- 
 ticle for Captain's privilege. This charge, as I am' ad- 
 vifed by a friend of the law, who has fcrurinized the 
 whole of my affair, fliould have been confined to the 
 difcharge of the (hip at Bencoolen, infiead of being car- 
 ried to the arrival of the Seapoys atMadrafs ; the charge 
 for the latter time being rather of the nature of da- 
 mages : and therefore I defire, that a proportionable 
 deduction may be made from this article of the account 
 current. Nor do 1 afk that the other articles fliould 
 *be acquiefced in without a fevere examination. On 
 the contrary, though I know myfelf to be incapable of 
 fo dishonourable a conduct, as intentionally to exceed 
 the due charge, yet, not being over-confident in my 
 own judgment, Ifhall not deem it a reflection on my- 
 
 felf
 
 r 33 3 
 
 felf to abate from or waive any article, which, on hear- 
 ing the objections to it, or on a further confideration, I 
 fhall find the ieaft reafon to think exceptionable. In 
 order to give the beft proof the fincerity of this decla- 
 ration, I now propofe that you fhould direct your So- 
 licitor to ftate the whole of my cafe to the Attorney- 
 General, and whether his decifion (hall be for or 
 againft me, I will abide by it, and will previoufly 
 enter into any engagement for that purpofe, without 
 expe&ing that the decifion ftiould be binding on the 
 Company, unlefs you on their part (hall afterwards 
 voluntarily think proper to make itfo ; the only terms, 
 I wifh to ftipulate for myfelf, being a liberty to fee 
 the cafe before it goes to the Attorney-General, and 
 to fubmit to him through your Solicitor fuch obferva- 
 tions and papers, as I may conceive to be neceflary for 
 my own juftification. Should the Attorney-General, 
 upon being applied to, decline the fettlemcnt of this af- 
 fair, I am ready on the like terms to fubmit to the 
 award of the Solicitor-General or any other indifferent 
 gentleman of the bar you (hall think fit to name; and 
 whatever fees of counfel may be thought proper, which 
 on a fubjecft fo dependent on a multiplicity of papers, 
 muft of courfe be very considerable, I am ready to pay 
 my (hare of, or, fhould it be required, the whole. 
 
 As to the damages, I have been told, that the large- 
 nefs of the fum at the bottom- of my account current, 
 created great prejudice againft me, when my affair was 
 heretofore under your confideration. But 1 apprehend, 
 that this prejudice arofe from a "mifconception of the 
 nature of my ftatement of the damages. I did not name 
 a fum, fuch as the ftri& rules of a court of juftice would 
 allow me, or one, which 1 meant abfolutely to infill 
 upon from the Company. What I intended to give, 
 was a probable eftimate of the fortune, which I might 
 have made before my return from the Eaft Vndies, if 
 Des Plans'saftof piracy, together with the fubfequent 
 proceedings of the two Boards of Bencoolen and Ma- 
 cirafs, had not difappointed me. In this point of view, 
 1 took into confideration, not only the immediate in- 
 jury, but all the confequences. Such being my own 
 idea, of the damages' j and being informed, that under- 
 F rating.
 
 r 34- ] 
 
 rating them might in cafe of my being forced to re- 
 fort to a law fuit be very prejudicial, the impropriety 
 of the fum did not ftrike me. But the letter, which 
 accompanied my narrative, plainly intimated, that a 
 recompence computed on a much narrower fcale would 
 fattsfy me ; for that letter only exprefles an expectation 
 of foms ccmpenfation for my great iofles. However, in 
 ord"r to put an end to all difficulties about damages, 
 and, that by waving one part of my claim, I may give 
 myfelf every chance of fecuring the other, I now declare 
 that if it fhould be thought proper to fettle my account 
 current by a reference, fuch as I have propofed, I 
 (hail be ready to give the Company a difcharge in full 
 of my legal demands of every kind, and will rely 
 wholly on the honour of the Company as to any fum 
 for damages the Attorney-General, or other gentleman 
 to whole opinion the affair (hall be referred, may think 
 proper to recommend. 
 
 With thefe conceffions and explanations, I leave my 
 cafe for your lail determination ; and, as on the one 
 hand i do not make a propofal of accommodation 
 from any want of confidence in the juftice of my cafe, 
 fo on the other, I truft you will receive the propofal 
 with the fame candid attention, and give me the fame 
 favourable anfwer, as if I was capable of contefting 
 with (he Company on the moft equal terms, and of 
 enforcing my demands with the utmoft facility. 
 Gentlemen, I have the honor to be, 
 
 with great refpeft 
 
 Inner Ttmple, Jan. Your rr.oft obedient, and 
 * 8 '777- moft humble Servant 
 
 GEORGE DODWELL; 
 
 To GEORGE DODWELL, Efq. 
 S i R, 
 
 np H E Court of Directors of the Eaft India Com- 
 
 * pany having this day taken into confederation the 
 
 contents of your letter to them dated the i8ch inftant, 
 
 ( and particularly the propofal therein made that the 
 
 Company's
 
 [ 35 I 
 
 Company's Solicitor do ftate your cafe for the confeder- 
 ation of the Attorney-General, and by his decifion 
 thereon, be it as it may, you are willing to oblige 
 yourfelf to abide, I am thereupon commanded by the 
 Court to acquaint you, that as they have already with 
 the affiftance of the Company's law-officers, given the 
 ^2^ .minuteft difcuffion to your pretenfions, they have 
 
 - agreed that your propofal cannot be complied with. 
 
 I am, 
 Eaft India Houfe, Sir, 
 
 the 22d of Your moft obedient 
 
 January, 1777. Humble Servant 
 
 P. MICHELL, Secretary. 
 
 To the Honourable Court of Directors of the Eaft 
 
 India Company. 
 GENTLEMEN, 
 
 TH E propjfal I made, for referring my claims to 
 the Attorney-Genera), or fliould he decline it, to 
 the Solicitor-General or any other difinterefted Gentle- 
 man of the bar, appears to me fo unexceptionable, that 
 
 * I cannot conceal my aftonifhment at the negative you 
 have thought proper to put upon it. I obferve, that 
 in your reiblution for this purpofe, you found yourfelves 
 on having already, with the affiftance of the Company's 
 law officers, given the minuteft difcuffion to my.pre- 
 tenfions ; fiom which, it feems as if my cafe had been 
 already ftated to the Counfel for the Company, and he 
 had given an opinion upon it. How the fat is, may 
 be very material for my information ; and therefore I 
 requeft, that you will pi eafe to direct your Secretary to 
 inform me, whether any cafe has ever been ftated j 
 and if fo, whether it was ftated before, or fince the 
 filing of my bill againft the Company; and alfo to per- 
 mit Meflrs. Chamoerlayne and White, my Soliicitors, 
 to fee and take copies, both of the cafe and the opinion 
 upon it. 
 
 Gentlemen, 
 
 Inner Temple, io,th I have the honor to be, 
 
 Febuary, 1777. Your moft obedient Servant 
 
 GEORGE DODWELL.
 
 T 
 
 3 
 
 To GEORGE D.ODWELL, Efq. 
 SIR, 
 
 HE Court of Directors of the Eafc India Com- 
 pany having confuiered the requeft in your letter 
 to them of the i9th inftant, that you might be in- 
 formed whether your cafe has ever b-en ftated to the 
 Company's Counfel, and if fo, whether it was ftated 
 before or fine e the filing of your bill againft the Com- 
 pany, and alfo that MelTrs. Chamberlayne and White 
 your Solicitors, might be permitted to fee and take 
 copies, both of the cafe and the opinion upon it, I have 
 the commands of the Court to acquaint you that yout 
 faid rtqueil cannot be complied with. 
 
 I am, 
 Eaft India Houfe, 2yth Sir, 
 
 of February, 1777. Your moft obedient Servant 
 
 P. MIC HELL, Secretary. 
 
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