The Case of the President 
 or Governor, and of the Council- 
 or Madraas, Fairly Stated
 
 UNIVERSITY OF CALIFORNIA 
 AT LOS ANGELES
 
 THE 
 
 C A S E 
 
 OF THE 
 
 PRESIDENT OR GOVERNOR, 
 
 AND OF THE 
 
 COUNCIL OF MADRAS S, 
 
 FAIRLY STATED: 
 
 ^V I T H 
 
 OBSERVATIONS AND REMARKS 
 
 - 
 
 O N f HE 
 
 CONDUCT OF BOTH PARTIES, 
 
 AS WELL A-S, OF 
 
 COLONEL SlFUART. 
 
 LONDON: 
 
 Printed for J. ALMON, oppolite Burlington-Houle, in Piccadilly. 
 
 MDCCLXXVII. 
 [Price Eighteen-Pence.]
 
 . 
 
 THE 
 
 117 
 
 C A S E 
 
 OF T H E. 
 
 RESIDENT OR GOVERNOR, 
 
 AND OF THE 
 
 COUNCILOR M A D R A S S, &c. 
 
 CONSEQUENCES have followed the difpoffeffing the Nabob of Arcot 
 of the country of Tanjore, that have brought on a great queftion of 
 right, between the Prefident or Governor, and the Council appointed to 
 afiift him in the management of. the Eaft-India Company's affairs at 
 Madrafs. 
 
 It is that queftion of right, not the claims of the Nabob or Rajah, on 
 the country and crop of Tanjore, which I propofe to examine. 
 
 But before proceeding to the difcuffion of that point, it is necefTary to 
 relate the fads that have given rife to the difpute. 
 
 During the adminiftration of Mr. Wynch at Madrafs, the Nabob of 
 Arcot perfuaded.the Eaft-India Company's fervants of that fettlement to 
 aflift him in the conqueft of the country and fort of Tanjore. 
 
 Mr. Wynch was difmifled the Company's fervice for his mare in that 
 tranfaclion, and the reft of the Council feverely reprimanded. 
 
 Lord Pigot fucceeded Mr. Wynch as PreHdent or Governor of Madrafs 
 on the nth of December, 1775. 
 
 B. The 
 
 3549 H 

 
 The Company's infractions to their new Prefident and Council had 
 two principal objects in view The restoration of the Rajah of Tanjore 
 under certain conditions*, and the eftablifhment of a Committee of 
 Circuit, that was to examine into the management of their different reve- 
 nues, on the fpot on which they were collected. 
 
 Jn the execution of the firfl part of thefe inftructions, great delicacy and 
 management, with refpect to the Nabob, was recommended to the new 
 Prefident and Council, the Company efteeming him the moft powerful, as 
 well as the moft able of the Indian Princes upon that coaft. 
 
 The Committee of Circuit was not to begin their- operations till the 
 Rajah of Tanjore was re-eftablifhed. 
 
 The Nabob of Arcot made reprefentations upon reprefentations againft 
 the injuftice and breach of faith, as he called it, of difpofleiiing him of 
 Tanjore. He would upon no account give his confent to the Company's 
 re-eftabliming the Rajah, but did not oppofe our placing a European 
 garrifon in his capital, nor attempt to refift that by force, which he en- 
 deavoured by every other means in his power to obflruct. It was not 
 indeed to be expected, he would give any affiftance to the diminution of 
 his own pow r er. 
 
 The Nabob's artful conduct rendered it necefTary, that fome of the 
 Company's ableft fervants mould be prefent at Tanjore, at the moment of 
 the Rajah's being put in poflciHon of the government of his country. 
 Lord Pigot propofe'd that he himfelf mould be fent there, and have liberty 
 to take along with him fuch other of the Company's fervants, civil or 
 military, as he judged proper. The Council acquiefced, and vefted his 
 Lordfhip with all power, military as well as civil, whilft abfent. 
 
 This was not carried without oppofition in the Council, and deferves 
 particular attention, as nothing but harmony had appeared there before 
 that time -f-. 
 
 * See vol. i. of Papers published by the Dire&ors of the Eaft-India Company, from page i 
 to 13. 
 
 The orders for the Rajah's rcftoration are worthy the obfervation of the curious, being a moft 
 complete fyftem of European morality, as pra&ifed in India. 
 
 They condemn the iniquity of the late Prefident and Council, for barbaroufljr depriving the 
 unfortunate Rajah of his dominions, and order the new Council to reftore him to all and every 
 Royal power and authority, a Rajah of Tanjore ought to pofiefs, i. e. He fhall make no treati s 
 but fuch as the Co n.pany apprc ve of maintain no troops but fuch as the Company Jhall judge 
 nece/(*ry for the guard and d gnity of his perfon pay the expence of fuch European garrifon as 
 the Company Jhall think proper to place in the city of Tanjore, the capital and only fortrefs m his 
 dominions. 
 
 Thus tl^e Company mean to tnjoy the profit of ufurpation in India, and the credit of refto- 
 ration in Europe. The hint, I imagine, has been taken from the Roman method of reftorino- 
 liberty to the little Republic of Greece. 
 
 t'S-e vol. i. page 88. 89. 
 
 Lord
 
 ( 3 ) 
 
 Lord Pigot's conduft, during his ftay at Tanjore, did not give univerfal 
 fatis faction. % 
 
 Captain Tonyn had, according to the fpirit, but not according to the 
 literal words of an order he had received from his Lordfhip, feized the 
 Nabob's Dobbeer * at Arrialoor, a place belonging to his Highnefs, and 
 brought him to Tanjore, whither with or againft the confent of the 
 Dobbeer is not quite clear. Of this act the Nabob made bitter complaints 
 to the Council at Madrafs, and not rinding redrefs there, to the Supreme 
 Council of India at Bengal -f-. 
 
 Lord Pigot had ordered one Ccmeroo, a J Dubafh, reprefented as being 
 of fome note, and high birth, (a circumftance much attended to in India) 
 to be chabucked on the public Parade of Tanjore, without form or 
 procefs. 
 
 He put the Rajah into immediate poiTeffion of the crop on the ground, 
 which the Nabob had fown, without regard to his Highnefs's pretenfions 
 as a bona fide poflerTor, or to Mr. Benfield's claims as creditor to tlis 
 Nabob, and inhabitants of the Tanjore country ||. 
 
 Sir Robert Fletcher made heavy complaints, that his Lordmip had 
 exercifed authority over the army, as if he had been Commander in Chief. 
 
 Though the Council pafTed a vote of approbation on the whole of hij 
 Lordfliip's conduct at Tanjore, thefe things feem to have left a leaven 
 of difTatisfadtion in the minds of feveral of the members. 
 
 A month after Lord Pigot's return to Madrafs, the Nabob claimed- Sir 
 Edward Hughes's ^f protection againft the afTault and violences his Lord- 
 fhip threatened him with, and had partly put in execution. 
 
 Lord Pigot admitted, in his reply to Sir Edward Hughes, that he had 
 .mentioned to the Nabob a defign he had formed of placing a guard on his 
 
 * The name given to an Officer of State. 
 
 f That Council has condemned almoft every circumftance of Lord Pigot's adminiftration. 
 
 j A perfon that tranfafts bufmefs for others. 
 
 Flogged. 
 
 || To make this intelligible to an European, it is neceflary to explain, that an Indian Prince has 
 the property as well as the fovereignty of his dominions, that he farms them himfelf, and that the 
 inhabitants who cultivate the ground are in the nature of fervants, whofe wages the Prince pays 
 out of the crop when reaped ; the Prince finds all the inftruments of hufbandry and feed. Mr. 
 Ben field pretended to have accepted of the crop on the ground, as fecurity for fums of money 
 advanced to the Nabob, and the inhabitants of Tanjore, which, according to his account, he 
 had reprefented to Lord Pigot before he left Madrafs, who faid he would examine the matter on 
 the fpot, and agreed to Mr. Benfield's being prefent when he did fo. At Tanjore, Mr. Benfield 
 prefled his Lordmip to examine the nature of his claims, but Lord Pigot referred them to the 
 Council, and in the mean time put the Rajah into poffeffion of the crop, given to Mr. Benfield 
 as his fecurity. See Mr. Benfield's letters, &c. &c. vol. i. page 106. and following, 
 
 ff Commanding his Majefty's navy in India. 
 
 Palace
 
 ( 4 ) 
 
 Palace to feize fuch Europeans as defired admittance to his prefence, but 
 denied any intention of violence againft his Highnefs's perfon. 
 
 Lord Pigot feems to have confidered the Nabob's claiming protection 
 from the King's officer, as very difrefpectful to himfelf, and in confequcnce 
 moved three refolutions in Council That the purport of it was to create 
 animofity between the members of the Company's Government- That 
 thus circumftanced, it was indecent, improper, and contrary to the orders 
 of the Company, for members of the Council to hold correfpondence of 
 any kind with the Nabob or his fons That he mould be defired to remove 
 from Madrafs, and refide at Arcot. The two firft refolutions were car- 
 ried by his Lordfhip's cafting vote, the latter was thrown out. 
 
 While this quarrel with the Nabob was at its heighth, Mr. Benfield's 
 affair came on anew, and the Council refufed to confirm the negative 
 before put on the claims of that Gentleman j the examination of which 
 was ordered to be gone into. 
 
 Unanimity had fled from the Board on Lord Pigot's fetting out for 
 Tanjore, and Difcord feems to have taken her place, from the moment of 
 his Lordfhip's return. The infult fuppofed to be offered to the Nabob on 
 one part, and Lord Pigot lofing his favourite queftion on the other, made- 
 matters ftill worfe than they had been before. Claims of exclufive au- 
 thority as Prefident were brought forward by his Lordftiip, on finding a 
 majority of the Council againft him, which they anfwered by minutes and 
 protefts againft his arbitrary maxims. Difputes followed difputes, upon 
 the fame grounds, but upon different fubjects, and every thing remained in 
 the utmoft confufion, till Lord Pigot's abfolute refufal of putting the 
 queftion for Colonel Stuart to proceed as Commandant to Tanjore, 
 (without the majority would permit Mr. RuiTell to go there as Refident) 
 brought matters to a crifis *. 
 
 In the courfe of thefe difputes, Lord Pigot afferted the following claims 
 of authority over the Council, and acted in confequence : That the 
 Prefident can prevent any queftion from being moved at the Board, which 
 he does not approve of -f-. ---That the Prefident can put any queftion he 
 approves of, though the majority of the Council mould difapprove of it J. 
 'Ihat the Prefident can adjourn, or not adjourn the Board as he pleafes e 
 That the Prefident's concurrence is neceffary to make an act of Council 
 valid, confequently he has a negative power over all their proceedings ||. 
 
 * It would take a pretty large volume to go through every article of thefe difputes, but there 
 are in vol. iii. of the Papers pr nted by the Directors, diaries with references to the authorities 
 of fa&s alledged, whom any one that thinks me partial may examine for my detection. 
 
 f Vol. i. page 320, 360. j Vol. i. p. .3201, 374. 
 
 Vol. i. page 326, 374. Vol. iii. page 404. 
 
 11 Vol. i. page 318, 321, 326, 338, 356, Vol. iii. page 386, 396, 420. 
 
 That
 
 ( : 5 ) 
 
 That the necefTity of circumftances may be fuch, as to make it proper for 
 the Prefident to counteract the opinion of his Council*. 
 
 His Lordfhip founded thefe claims upon the words of the commiffion 
 of Government, which appoint a Council to enable him to govern, &c. 
 And upon the cuftom and practice following thereupon of all the Go- 
 vernors of the Company's fettlements in India. 
 
 The Council founded their denial of thefe claims of the Prefident's 
 authority over them, upon other words of the commiffion of Government . 
 granting to the majority of the Prefident and Council full power and. 
 authority to rule and govern, &c.- And upon the cuftom and practice 
 following thereupon as the majority alledge. 
 
 Where two different parties pretend to have the right of Government, 
 one mud foon get the better of the other, I am furprized it did not in 
 this cafe come fooner to a conclusion. -All bufinefs was at a ftand for 
 the three days that the Prefident refufed to put the queftion ordered by 
 the majority.- The Council was afraid of the confequences of urging 
 their authority, and Lord Pigot agreed to adjourn from day to day. At 
 laft the majority came to the refolution in the Council Room, of writing 
 a direction to the Secretary to fign, per order of Council, a letter for Co- , 
 lojel Harper to deliver over the command of Tanjore to Colonel Stuart. 
 
 This direction wrote, the two fenior Members of the. majority figned it, 
 and before any of the others could do fo, Lord Pigot got pofJeffion -J- of 
 the paper, and took a written charge out of his pocket againft the two 
 Gentlemen that had figned it, of having been thereby guilty of an act 
 fubverfive of Government. A queftion of adjournment was then moved 
 by the majority, but Lord Pigot put the queftion of fufpenfion upon 
 MeiTrs. Stratton and Brooke J, and ordered the Secretary to take neither 
 of their votes upon it; whereby, and the Preiident's cafting vote, their 
 fufpeniion was carried. The majority aflerted the nullity of this fuf- 
 penlion, and the five who were fummoned to a Council the next day, 
 inftead of attending it, fent a proteft by the hands of a Notary Public to 
 Lord Pigot. It charged his Lordfhip with offering an unexampled outrage 
 to the conftitution, and arbitrary behaviour, to two Members whom he 
 had illegally attempted to trick out of their feats at the Council Board 5 
 and alTerted their right of authority and claim to Government , of the 
 
 * Vol. i. page 360, 370, 3734. 
 
 f A minute of the majority's, marked at the time, ftates that Lord Pigot (hatched the paper 
 out of Mr. Brooke's hand; a minute of the mirorty's, marked a day or two afterwards, aflerts 
 it had not that appearance to them, for that Mr. Brooke feemed to have given Lord Pigot 
 the paper. 
 
 \ The Gentlemen who had figned the orders to the Secretary. 
 
 C Company's
 
 ( 6 ) 
 
 Company's tettlement as a majority of Council*. This proteft was laid 
 by hi* Lordflilp before the Part of the Council that obeyed his fummons 
 of attendance, but no farther notice was taken thereof. Upon which the 
 majority published it to the fettlement, and took every other means of 
 averting their right to Government. 
 
 The promulgation of their claims was immediately made known to 
 Lord Pigot and thole who adhered to him. They met in the Council 
 Room, and fent letters of fufpenfion to each figner of the proteft. The 
 Commander in Chief, Sir Robert Fletcher, being one of them, Lord 
 Pigot ordered him to be tried by a Court Martial for endeavouring, to 
 excite mutiny and fedition ; and appointed Colonel Stuart to take the 
 command of the army in his ftead. 
 
 The majority on their fide, upon receipt of their letters of fufpenfion, 
 and directions for trying Sir Robert Fletcher for his life, ifTued counter 
 orders to Colonel Stuart, charging him to arreft the perfon of George Lord 
 Pigot, who had overturned all law and Government. 
 
 Colonel Stuart fays, that necefiitated to choofe between the contending 
 parties, he thought it his duty to obey the majority of the Council. In 
 confequence of the orders he received from them, he arrefted the perfon 
 of Lord Pigot on the 24th of Auguft, 17765 and immediately afterwards 
 proclaimed Mr Stratton to be Prefident of the Council, and Governor 
 of Fort St. George, according to the inflrudtions of the Company, which 
 direct the fecond in Council to take the Chair in cafe of the death or 
 abfence of Lord Pigot. 
 
 As foon as the majority took pofleffion of the feat of Government, they 
 in turn fufpended all the Members of the Council, who had before voted 
 for their fufpenfion, under pretence of their having abetted and affifted 
 Lord Pigot in his illegal, unconstitutional, and violent proceedings. 
 
 -Whoever gives any attention to the facts I have related will lee, that 
 the whole of thefe difputes, when ftripped of the falfe colours that intereft 
 and connection have fo lavimly laid over them, muft depend on the de- 
 cifion of one or two plain and direct queftions. 
 
 Is the power of Government <uefied in the Prefident ahne, or in the 
 majority of that Council in which he prefides ? 
 
 Should this firft queftion be decided in favour of the Prefident, the 
 matter is at an end. The Council ftands condemned. But fhould it be 
 determined againft the Prefident, another queftion will arife before the 
 Council can be acquitted. 
 
 * It was figned by MefTrs. Stratton and Brooke, as well as by the five Members who had been 
 fummoned by Lord Pigot's dire&ion. 
 
 Was
 
 ( 1 } 
 
 Was the. nccejjhy of the cafe fucb as can jujllfy the fuf pending and ar+ 
 re/ting the Prejident and Governor ? 
 
 Two of the ableft lawyers this country has produced have given their 
 opinion on a cafe pretty nearly fimilar, which is tantamount to averting, 
 that the whole authority of Government is vefted in the Prelident alone. 
 Two others, as able as the former, have given an opinion on the fame 
 cafe 5 that the authority of Governrnant is vefted in the majority of the 
 Council *. 
 
 Had thefe four Gentlemen been of the fame opinion, he would have 
 been a bold man indeed, who, not belonging to their profetiion, had 
 ventured to hold an argument againft them $ for, Gentlemen of the long 
 robe claim much the fame excluiive privilege of judgment in this age, as 
 Prieils did in former ones. But where thefe luminaries of light difagree 
 in the firft principles, both of law and constitution, as well as in the 
 meaning of plain and direct words, it will not be held prefumption, I 
 hope, even in me, to attempt forming a judgment for myfelf. To fay 
 the truth, I cannot quite approve of the indolence of people, who choofe 
 to fee by the eye of their Counfel, rather than by their own. That they 
 muft be better acquainted with the forms and practice of the Courts ; 
 with the decifions that have fixed the law meaning of words to be quite 
 oppofite to the ordinary meanings they bear in the world, I readily admit ; 
 but why they mould be better judges of the great outlines of a constitution, 
 than the plain man, whofe head is not bewildered in the quirks and 
 quibbles or the law, I never could comprehend. Indeed, I carry my am- 
 bition fo far, as to wifh I could, along with Governor Johnfton, in fpite 
 of the labyrinths of the law, and the oppofition of its profeffors, fome- 
 times refcue the caufe of poverty and diftrefs from the hard gripe of 
 riches and oppreffion- but to effect this, requires the parts and perfe- 
 verance of that extraordinary man, as well as his goodnefs of heart. 
 
 It will not I apprehend be denied me, that the fpirit of all free Go- 
 vernments has applied itfelf to place the power, which muft neceflarily 
 be lodged fomewhere, in as many different hands as poffibls. Our own 
 hiftory will fufficiently evince this, without going back to the imperfect 
 ftate of liberty enjoyed by other nations in former times. And England 
 has always endeavoured to make the constitution of her Colonies referable 
 
 * A friend of mine once laid the fame cafe, in different briefs, before MefTrs. Pratt and Yorke, 
 then Attorney and Solicitor Generals. The Attorney gave his reafons at the foot of the brief 
 fent to him for being of one opinion. The Solicitor gave the reafons at the bottom of his brief 
 for being of another opinion. My friend exchanged the brief, fent Mr. Pratt's to Mr. Yorke 
 and Mr. Yorke's to Mr. Pratt j both Gentlemen changed their opinions for the reafons afiigned 
 by their learned brother. My unfortunate friend thus remained as much at a lofs as .before he 
 confulted either. 
 
 that
 
 that of the Mother Country as much as circumftances would admit 
 of*. -It follows from thefe two principles, that the general preemption 
 of right is in favour of the majority of the Council againft the Prefident, 
 in whom, if any exclufive authority is veiled, it muft be by fome par- 
 ticular act or ftatute which it is his bulinefs to produce. 
 
 Lord Pigot carried out with him two commiffions ; the one civil,, 
 the other military. The former conflitutes him Prefident and Governor 
 of the fettlement, and nominates a Council to enable him to manage the 
 Company's affairs. This is the beginning and ftile of the commiffion. 
 The latter part of it that narrates and defines the power granted, never lets 
 the Prefident's name be mentioned without going hand in hand with his 
 Council's, in a majority of which all power and authority is vefted -j. It 
 is therefore quite clear, that the power of Government is placed in the 
 hands of the majority of the Council, which confifts of one Prefident and 
 nineteen Counfellors, none of whom have voices when abfent.---And the 
 commiffion is fo far from containing an implied proof in Lord Pigot's 
 favour (as contended for by his friends) J that there is an exprefs claufe 
 againft him. 
 
 Not perfectly understanding what the lawyers mean by integral parts 
 of government, I can only anfwer the objection drawn from it, according 
 to the meaning I have affixed to that word. I fuppofe the objection 
 proceeds from the Prefident's name always making one along with the 
 Council, and that a conclufion is drawn from this form, that no act of 
 Government can be valid without him. In my mind the words quoted, 
 demonnrate the contrary without any thing more. But at any rate, this 
 iuppofed doctrine of Integrality, if it proves any thing, proves too much. 
 Suppofe Lord Pigot had died, or run mad, or refigned - Mr. Stratton, 
 though fecond in Council, was not named to fucceed as Prefident. 
 Will any body argue therefrom, the fettlement was to have had no Go- 
 vernment at all ? - No. But I (hall be told by the learned, that feveral 
 patents, charters, the laft inductions and act of Parliament, appoint the 
 next in Council to take the Chair in all matters both of Government and 
 Judgment, when the Prefident named is abfent. Thofe. who make this 
 
 * The charter King William granted in 1698, by virtue of an act of Parliament, the Indenture 
 tripartite between Queen Anre, the Old, and New India Company's, 1702 and ail the fub- 
 fequent charters and a&s fufficiently fhew, that the Legiflature has been dire&ed by thefe maxims 
 in the Government given to the India Company. I mean fmce the Revolution ; for that the 
 fpirit of this Government under the Tudors and Stuarts was that of freedom I do not pretend 
 to aflert. 
 
 f The words are: " And we do hereby give and grant unto our faid Prefident or Go- 
 vernor, George Lord Pigot, and to cur Council aforenamed, or tht major part of them, full 
 power and authority, &c. &c." 
 
 t From the words** Enable him to manage," 
 
 anfwer i
 
 ( 9 ) 
 
 anfwer tome, will likewife pleafc to obferve, it likewifc anfvvers the 
 gument of the named Prudent, being an integral part of Government 
 
 The Prefident of the Houfe of Lords muft be on the WooTftck ,he 
 Speaker of the Houfe of Commons in his Chair, as well a s he Prefid nt 
 of the Privy Council, before any of thefe constituent par's of Governmen 
 can pafs a refelntion. make an order, or decide on any P q ueft ion that cot 
 
 Houfe B m ; T They I" ' h A efCre "**"' P of "- conftitution of each 
 Houfe But I never heard that either Chancellor, Speaker*, or Prcfid-m 
 cla,med any authority over the Council in which they refpeftively prefde' 
 
 
 r ' o 
 
 D reftors are in this fenfe integral parts of the India Company's confti- 
 tut.on for no aft either of. the Directors or Proprietors is valid, without 
 one of them ,s prefent. But if Mr. Wombwel!, or Mr. Devaynes, was 
 to refufe putting a , queftion the majority ordered, or to put'the imir 
 
 " 
 
 r > Or to ad J urn >' "t ad 
 
 ' ""'T 7 u l the P ini n of the ma J &ri 'V, moft people 
 Chairman ^ one / f thefe hings fufficient reafon for'chufing a new 
 thnfr ^h , eP , 7 bef re the nd f the y ar and the abfurd.ty of 
 
 iriirnl P , r P f t0n u aintain and fu PP on them in fuch arbitrary and 
 ridiculous claims of authority would be held up, in juft as confpicuous a 
 light as recalling Lord Pigot, becaufe his conduct was approved of 
 
 Having gone through the powers that Prefidents have in the different 
 Coum of England, let us look at the powers of the Prefident of the Privy 
 Council of Ireland The Privy Council of Ireland makes a part of he 
 Legiflature of that kingdom; the King's reprefentative, vefted with the 
 fame powers as his Majefty would have if p.efent, is Prefident thereof. 
 All proclamations and adts of Government, run in the name of the Lord 
 t-ieutenant and Council} but if the Lord Lieutenant and his Council 
 differ, the opinion of the Council muft prevail. His Excellency's urgin? 
 that his name is neceffary to make an aft of Government valid + that hi 
 is an integral part of the conftitution, will not prevent a proclamation 
 from being iffued agreeable to the fenfe of the majority of the Council, to 
 which the Lord Lieutenant's name will be put whether he will or not 
 
 It is very remarkable, that in fo plain a cafe, where neither the general 
 Ipint of the Company's conftitution, nor the particular commiffions to 
 
 * The Speaker indeed claims a privilege, when he preterits a fubfidy at the foot of the Throne 
 
 the B T'? g ? wh ? flts upon "> not tota "y ^ reeable ' "* S*wS 
 
 ,n wh.ch he prefides; but it is not clear he has any right to do fo: 
 
 benefit with reproaches> muft fttike ever ? 
 
 f " fewould . bee % ?PP'ble to Lord Pigot's claims, if the Governor of Madrafs 
 "" 5 '" fettlement as the Lord Lieutenant has in Ireland. See Lord Pigot's 
 
 Nwuive, I T"" 5 '" fettlement as the Lord Lieutenant has in Ireland. See Lord Pigot's 
 
 D individuals
 
 individuals gives any room for the Prefident's claim of exclufive authority 
 over his Council, it fhould notwithftanding have been fo often the fubjedt 
 of reference to the Court of Directors. This can only be accounted for 
 by that thirft of dominion and power, which rages in the fouthern hemi- 
 fphere. For the aniwers given from Europe, fmce the Revolution, have 
 uniformly crufhed thefe Afiatic ideas of defpotifm. The laft decifion 
 given on this point, prior to the difmiffion of Governor Cartier, was in, 
 the year 1702, when even a cafting vote was denied the Prefident. 
 The reafons affigned for that. decifion, muft, if attended to by the warmed 
 of Lord Pigot's advocates, prevent their contending this point any further*. 
 The cafe of Governor Cartier, referred to in the minutes of Mr. Floyer, 
 was the laft that had occurred when thefe difputes commenced at Ma- 
 drafs-)-. It was more than in point, becaufe that Gentleman did not carry 
 his pretenfions as Governor nearfo far as Lord Pigot, yet he was difmifled 
 for the little he did pretend to; and Mr. Floyer ordered, as a punilhment 
 for fupporting him, to go to Madrafs ;---from which he is now recalled 
 for doing what he ought to have done at Bengal. 
 
 All the arguments made ufe of by Mr. Dalrymple, in fupport of the 
 Prefident's claim of exclufive power, go upon the neceffity of his prefence; 
 but admitting that, (which 1 do not) the confequence by no means fol- 
 lows whick Mr. Dalrymple would afiume ; That the Governor being 
 prefent is not himfelf bound by the opinion of the majority. So well 
 aware is Mn Dalrymple of his deficiency on this ground, that he contents 
 himfelf with the aflertion, without .offering a fmgle proof or argument in 
 iupport of it. 
 
 Having difcufled the civil commiflion, the military one need not take 
 up much time. I apprehend no military commiffion can be fo framed as 
 to fuperfede a civil one ; but this one certainly does not, fince it confines 
 the powers given to Fort St. George j and the inftruclions that draw the 
 line between the Prefident of the Council, Governor of the Fort, and the 
 Commander in Chief of the Company's forces^ narrow that power fmall 
 
 * " We do ftr:c~lly enjoin, that all cur affairs be tranfa&ed in Council, and ordered and ma- 
 naged as the majority of the Council fliall determine, and not otherwife upon any pretence 
 whatfoever ; and though we hope you will all be unanimous in the purfuit of our common in- 
 tereft, yet, if on any occafion it happens, that your votes are equally divided, the fame muft 
 be determined by lot, as we by our Charter are directed in fuch tajes to do." See a Minute of 
 Mr. Dalnmpe's, vol. i. page 366. The reft of that Minute contradicts the autho:ity of the 
 order quoted on ?ccount of the confufion between the Did and New India Company's not b.ing 
 incorporated together when this order was g ; ven ; but both the Charter of King William, 1698, 
 and the indenture of Queen Anne, 1702, as before quoted, agree, th t all matters refpecring 
 the Company and Companies, fhall be determined by let, where the managers cf their affairs 
 are equally divided in opinion. 
 
 t it is obfervabl?, that if Mr. Floyer had remained at Bengal, he Would have had (hat feat 
 in the Supreme Council, which Mr. Barwell now occupies.
 
 ( II ) 
 
 as it is; the Governor being obliged to give up all command even within 
 this Fort to the Commander in Chief, in time of danger ; fo that, the 
 Governor of Tilbury Fort might juft as well claim command over the 
 Privy Council of England, as Lord Pigot over the Council of Madrafs 
 from his com million of Governor of Fort St. George. 
 
 Unaccuftomed and ill qualified as I am to give my fentiments to the 
 Public, I flatter myfelf no unprejudiced perfon can, after looking over 
 the foregoing arguments, be of opinion, that the authority of the Go- 
 vernment of Madrafs was ever vefted in the Prefident alone. To me it 
 appears evident, that it is vefted in the majority of the Council, of which 
 the Prefident is only the firft, and had not even a cafting vote in cafe of 
 equality, till the act of Parliament appointing a Supreme Council at 
 Bengal, gave it to the Prefident of the Company's other fettlements, by 
 implication *. 
 
 To thofe who agree with me in opinion as to this firft matter of difpute, x 
 I have now to addrefs myfelf as to the fecond : The necejjity of fujpending 
 and arrefting the Prejident and Governor. 
 
 Notwithstanding that neceffity is much eafier felt than defcribed, this 
 cafe is fo very plain, that I think it may be made as demonftrable to the 
 underftanding as to the feeling of an Englifhman. 
 
 That refifting unlawful authority, is not only juftifiable but meritorious, 
 I truft none who acknowledge the prefent Government of Britain will deny. 
 For upon this ground refts every act of State fince the Revolution. 
 
 If I have fhown that the power of the Government of Madrafs lay in 
 the majority of the Council, it follows, that whoever endeavoured to 
 wreft the authority from them, acted illegally and arbitrarily. That the 
 holding fuch doctrine only in words, fhook the foundation of the Com- 
 pany's Government in India; but that the acts of Lord Pigot, founded on 
 this doctrine, entirely fubverted it. His Lordfhip's own narrative mows 
 this to have been the cafe between him and his Council. That aflerts in 
 exprefs words, that he had authority to control the Council -f-. In con- 
 fequence, and in fupport of that doctrine, he, by dint of artifice and 
 violence, did deprive every Member of the majority of the power with 
 
 * The a mentions the Supreme Council only, rot the Council of Madrafs or Bombay; Lord 
 Pigot claims the authority of this at for his having a cafting vote How then can he deny the 
 application of it to Madrafs in other matters ? The very claim of a cafting vote is an acknow- 
 ledgment of being bound when the voices are not equal. 
 
 t '" I infifted the name of the Prefident was ncceffary to make an A& of Government. I ad- 
 mitted that the Prefident was generally required to concur with the majority of the Council, for 
 the carrying on the bufinefs of the Company without interruption j but when he thought 
 meafures tended to the eflential detriment of the Company, it was not only his right, but his duty 
 to put a negative thereon ; which, however, a Prefident would not do but in cafes of neceffity, 
 .as he made himfelf only refponfible." See Lord Pigot's Narrative, page 7. 
 
 * * which
 
 which the Company had entrufted them.- And moreover, did imprifon, 
 and was proceeding to try one of them for his life, for daring to refift fuch 
 arbitrary meafures. 
 
 Thus fituated, in the name of common fenfe, what was the majority to 
 do ? -The fubmitting to this tyranny was a breach of the truft repofed in 
 them bv the Company.- The confequence of that breach of truft, a war 
 with the Nabob*; whom, to fay, that the French would not have fupported, 
 is as ridiculous, as to aflert, that they are not now underhand ailifting 
 America. Befides thofe great national and public points, which made 
 immediate exertion an act of necefiity, one of the majority was in the 
 utmoft hazard of falling a facrifice to the paffion and refentment of Lord 
 Pigot. 
 
 Can it be fuppofed, or do Lord Pigot or his friends pretend to fay, 
 that, if at liberty, he would have fubmilted to the authority of thofe men, 
 whom he had arbitrarily difpoflefled of their feats at the Council Board. 
 Their right of Government admitted, no doubt can exift of its being their 
 duty to aflert it. How were they (thus fituated) to do fo, but by feizing 
 the perfon of the tyrant, who had overturned all law and Government. - 
 There was no medium left. Suppofing any other Member of the Council 
 than the Prefident had made the fame claims of power as Lord Pigot 
 turned out a majority that refufed to acknowledge them, and with a 
 minority kept pofleflion of the feat of Government; one of two things 
 muft have been done by the majority : either they muft have drove the 
 minority from the Council Room vt e t arms, or they muft have arrefted 
 the perfon claiming thefe unconftitutional powers. -Which was the mo ft 
 advifeable ? 
 
 If the Prefident has by his commiflion no more power than any other 
 Member of the Council, fave what a cafting vote gives, and notwith- 
 ftanding makes his will the law, why is he not to be treated in the fame 
 manner as any other Member ? 
 
 If the Chancellor was to do fo in the Houfe of Lords, the Speaker in 
 the Houfe of Commons, the Lords Chief Juftices in their refpeclive. 
 Courts, would they not be fent to the Tower ? 
 
 It is ftrange that the blame of thofe commotions fhould by any one be 
 thrown on the men, who were only aflerting the juft and legal rights, 
 which they could not give up without a breach of truft to their employers, 
 rather than upon the man who had arbitrarily appropriated all power to 
 himfelf, and thereby laid them under the cruel neceffity of chooiing the 
 
 * The quarrel, as related between the Nabob and Lord Pigot, leave no room to doubt of the 
 former's throwing himfelf into the arms of the French, if the latter had eftablifhed the authority 
 he claimed at Madrafs. 
 
 leaft
 
 ( '3 ) 
 
 leaft of two evils -.'Seizing the perfon of the Prefident, u>/jo was deftroying 
 the Government eftablijhed by the Company t find endangering the pojjeffions of 
 the Eritijh nation; or, by fubmitting to thefe atts 'while the power of pre- 
 vention was in their hands, making themfehes anfwerable for the impending 
 ruin of the ftate. 
 
 An examination of thefafts willjuftify thefe reflections. 
 
 The firft appearance of any difagreement in the Council was upon Lord 
 Pigot's propofing, that he himfclf mould proceed to Tanjore to put the 
 Company's orders into execution : this was the firft refolution propofed to 
 the Council, on the 25th of March, 1776 *, which was carried unani* 
 moujly. The fecond refolution was oppofed by MefTrs. Jourdan and Mackay, 
 and not approved of, without exception, by Sir Robert Fletcher. Whoever 
 reads the minutes of thefe proceedings, with attention, will quickly per- 
 ceive, that the manoeuvres of this day gave rife to all the disturbances that 
 followed. Governor Wynch, and his Council, are fuppofed -f- to have 
 made their fortune by dethroning the Rajah of Tanjore; perhaps Lord 
 Pigot, and his Council, may have taken up a ridiculous idea, that re-efla- 
 bliming a Rajah, was as profitable a branch of bufinefs as dethroning one. 
 The fubfequent tranfaclions make fiich a fufpicion but too probable. 
 
 The Governor's being one of the Reftorers, was, of courfe, the firft 
 refolution propofed ; and no one in the Council having, at that time, when 
 all was unity and concord, formed the hardy idea of depriving the Prefident 
 of his (hare of the plunder, it was carried unanimoufly in the affirmative. 
 
 The next refolution that, according to the ufual form, mould have fol- 
 lowed, was, that a Committee of Council fhould accompany the Prefident 
 to Tanjore: but Lord Pigot, not wanting any coadjutors in this bufinefs 
 of reftoration, in room of the refolution that the Counfellors expected, 
 propofed, That the Prefident mould take along with him to Tanjore what- 
 foever fervants of the Company he chofe, either civil or military. 
 
 That part of the Council, who were not in Lord Pigot's fecret, imme- 
 diately faw they were duped ; they had been content his Lordfhip fhould 
 have his full (hare, but did not think it reafonable that he fhould have the 
 whole of the plunder. Thus furprifed, the bold amongft them, oppofe, 
 the cautious hefitate,- the timid fubmit. Encouraged by this fuccefs, 
 Lord Pigot ordered his two commiffions to be read ; and, advancing a ftep 
 farther, he moved the following refolution : " That, in virtue of the 
 Commiffion of Government, the Governor holds the fame authority when 
 prefent in any fort, factory, or fettlement under this Presidency, as he does 
 when prefent in Fort St. George." The Commander in Chief reprefented, 
 
 * See Vol. i, of Records, page 68. 
 
 | If thefe gentlemen are angry at the fuppofition, the proofs (hall appear in my next. 
 
 E that
 
 { 14 ) 
 
 that fuch refolution would infringe upon his authority, for that the Gover- 
 nor of Fort St. George has only power over his own guard. Upon 'which 
 
 Lord Pigot propofed another refolution, which was likewife agreed to: . 
 
 " That fuch guard as the Governor thinks neceffary mould attend him 
 wherever he goes." 
 
 I defy the records of the India Company to produce two fuch bare-faced 
 inftances of difobedience to their conftitution and orders. Lord Pigot will 
 not even give himfelf the trouble of covering the contempt he holds his 
 fuperiors in, by wording the refolutions againft them, according to the dic- 
 tates of common fenfe. The commiffion of Government gives civil 
 authority to the Prefident and Council over foldiers *, as well as others, 
 within thePrefidency of Madrafs. -The commiffion of Governor of Fort 
 St. George gives military authority to the Governor alone within the walls 
 of that fort : therefore, fays Lord Pigot, and the complaifant part of his 
 Council, the commiffion of civil authority to me, and others, gives rns 
 alone the fame military authority e/Jeivbere, as the military commiffion 
 gives me in Fort St. George, and no where elfe. Had the Company's laffc 
 inftrudions refpedting the powers of the Governor and Commander in Chief 
 been referred to, they would have fhewn, that, in times of danger, the 
 Governor of the Fort was to refign all military authority to the Commander 
 in Chief : -fo that, if Lord Pigot had a fpecial commiffion as Governor 
 of Tanjore, as well as Fort St. George, he ftill could have had no military 
 command in that place during fuch a convulsion as dethroning a. Nabob, and 
 
 reftoring a Rajah, muft probably occalioo, except over bis own guard. 
 
 Though Lord Pigot did not chufe to appeal to the whole of thefe inftruc- 
 tions, I muft fuppofe he had thefe words in his mind, when he propofed the 
 laft refolution, which,in fact, made his Lordfhip Commander in Chief, inftead 
 of Sir Robert Fletcher.. That he confidered it in this light, and faw the full 
 confequence of it, is pretty evident from the orders he ifTued.at Tanjore -j%- 
 When a man of abilities aims at overturning the eftablifhed government of 
 a country, he always begins by fecuring his authority over the army. It 
 was abfolutely neceffary for Lord Pigot to do fo, before he proceeded to 
 effect at Tanjore, what he knew muft occafionfo great disturbances arnongft 
 all the Company's fervants, and thereby make it irapoiTible for him to comr 
 plete his purpofe, without taking all civil authority from the Council, 
 
 Before I have, done with thefe, refoluU^s of the 25^1 of March, I mufti 
 beg leave to fay a word or tW9 or* the conduct of Sir Robert Fletcher. I 
 anxnot acquainted with the . gentleman, andLwas .the more furprifedat his , 
 
 * " Full power and authority from time to time to rule andgoverc aii 'a?id ever^ oun fa&ors and ; 
 fervants under the faid Presidency, and all the foldien and inhabitants of our faid Fort Sc. 
 George and City of Madrafs-patnam, and elfewhere, within the places aforefaid." 
 
 t VoL Lpage 1 1 j, 12, VoU iii, from page 431.10 page 445,. 
 
 moderation*,
 
 moderation, from the charade r I Had heard given of him ; abfurd and 
 violent were the lead offenfive epithets, I had been accuftomed to hear 
 joined to his name. 
 
 I prefurne it will be admitted, that there are fome great lines of the Com- 
 pany's constitution, which the Prefident and Council cannot overturn. 
 If there are any fuch, that which lodges civil and military authority in dif- 
 .ferent hands muft be one. 
 
 The counteracting this conftitutional principle, and vefting the Governor 
 with all military and civil pawer, was more than the Council had authority 
 to do, confequently arbitrary and illegal ; and Sir Robert would have been 
 perfectly juftifiable, if he had refufed to obey them. I think his acquiefence 
 improper; but, furely, not of that kind of impropriety,, which can be 
 called abfurd or violent. 
 
 Thofe who have attempted to fupport Lord Pigot's claims over his 
 Council, and to reprobate the arreft of his Lordmip's perfon, have affectedly 
 gone into the difputes of the Nabob of Arcot and Rajah of Tanjore. 
 That the eonteft between thofe Princes gave rife to the divifions of the 
 Council : That it was in the difcuffion of thefe affairs, as well as others> 
 that the queftion of rjrSg^arofe between the Prefident and the majority of 
 the Council, is a fact neither party has any occafion to deny. 
 
 But I have before premifed, it was not the origin of the difputes, but tfa 
 rigbp itfelfi that was tobe the fubject of my inveftigationj 
 
 I (hall not, therefore, enter into the difcuffion of Mr. Benfield's claims * ; 
 hut muft aflert, they were of fuch a nature 5 a& required a thorough exami- 
 nation, before giving to the Rajah a property that Gentleman claimed right 
 over, and was actually in poflefiion of -f% 
 
 I believe no Englifh Governor but Lord Pigot ever difpoffefled his coun* 
 tryman of effects he claimed a right to> without examination. 
 
 Lord Pigot had told Mr. Benfield before he went to Tanjore, he could 
 have no wifh or defire to deliver over the property of his fellow-fubject to 
 a Gentoo or Pagan {.And that his Lordmip fhould do fo a few days 
 afterwards, without even entering into the nature of Mr. Benfield's claims, 
 muft be owing to fome very extraordinary caufe indeed. It is fo contrary 
 to theidea every Englishman has of the juftice and protection due by thofe 
 
 ** Not becaufe I am afraid of meeting any body upon that ground, for I never was clearer in a 
 point in my.lifej but becaufe it is extraneous to my lubjeft. . The friends of Lord Pigot want to 
 draw off the attention of the public irom the real grounds of the caufe tc the collateral branches ; 
 but it is the bufinefs of an impartial examiner to throw afide every thing but the real objects of 
 enquiry ; and thefe are the controlling pewers claimed by. the Preudent, and the necejjity of arrefting 
 hisperibn.. 
 
 t, See Mr. Btnfield's Letter, Vol. i. page in. 
 
 t, See Ditto's ditto uncontradicted, Vol. i. page 198, 
 
 in
 
 ( ,6 ) 
 
 in power to thofe they have authority over, that I am not furprized Me. 
 Benfield mould have formed fufpicions, diat the property he was difpof- 
 fefled of by Lord Pigot, without being beard, would not remain long in 
 the hands of the Rajah of Tanjore. It is impoiT'ble for any one to cad 
 their eyes over the dates of ihele tranfactions, and not to have fufpicions 
 of the fame nature. 
 
 March the 25th. Lord Pigot got the Council to delegate all power to 
 himfelf alone for finishing the buiinefs of Tanjore; and upon reprefentation 
 of Mr. Benfield's right and poffeilion of the grain of that country, makes 
 the fpeech before-mentioned. 
 
 April the 8th. Lord Pigot arrived at Tanjore. 
 
 April the izth- The Rajah made an offer of felling to the Company 
 the grain which Mr. Benfield claimed. 
 
 April the I3th. Lord Pigot advifed the Council to accept of the Ra- 
 jah's offer : inftead of examining Mr. Benfield's claims, as at Madrafs 
 his Lordlhip had promifed to do, referred him back to the Council by a 
 letter, in which he infinuates he will exert all the authority of Government 
 againft him if he infifts on his right*. 
 
 April the i7th. The Council received Lord Pigot's advice to purchafe 
 the grain of Tanjore from the Rajah, as well as Mr. Benfield's aflcrtions 
 of its being his property. 
 
 April the 24th, The Council impowered Lord Pigot to make the 
 purchafe from the Rajah. 
 
 May the 2d. The Company's feapoys took the crop and grain away 
 from Mr. Benfield's fervants, and delivered it over to the Rajah -J-. 
 
 Lord Pigot's warmeft kinfmen cannot pretend to fay, thefe dates put to- 
 gether, do not throw an ugly appearance of interested motives over the whole 
 tranfa&ion. But if it fliall come out in addition, that Colonel Stuart was 
 Mr. Benfield's friend; that Mr. Ruffell was to marry Lord Pigot's daughter; 
 that his Lordfhip refufed to let the former go as Commandant, if the latter 
 was not permitted to go as Prefident to Tanjore ; and that it was to carrv 
 this favourite point, he overturned the constitution, and rifked the- very 
 exigence of the fettlement. What conclufion will a jury draw from fuch 
 a ftring of circumftances ?---Would not twelve impartial men be tempted 
 to think thefe were the4atent reafons for an obftinacy that had no apparent 
 
 \. 
 
 * Vol. i. page 1 08. See Lord Pigot's Reply to Mr. Benfield, wherein he a/Feds, for the firft 
 time, to coniider "his Chair of property as a matter of State, and quotes an order of the Com- 
 pany's, that none of their fervants fhould interfere with the Rajah's Government. I have before 
 explained that the Princes of Indoftan have the property, as well as fovereignty, of their dominions. 
 Lord Pigot would infift, from the beginning to the end of thefe matters, that the one cannot b 
 (eparated from the other. A proportion that confutes itfelf. 
 
 ,t Vol. i. from page 106 to no, from 121 to 125, from 160 to 177198, 
 
 caufe ?
 
 ( '7 ) 
 
 caufe ? Will it be necefTary for Mr. Benfield to produce much pofitive, 
 in addition to the circumftantial evidence, for- proof of Lord Pigot's being 
 to receive from the Rajah of Tanjore the money paid, according to his 
 Lordmip's advice, by the India Company, for the grain which the Com- 
 pany's troops, per order of Lord Pigot, forced from the hands of Mr. 
 Benfield's fervants ?- Will the known character * of Lord Pigot protect 
 him from the damages a jury will, upon proof, give the public and the 
 injured party ? 
 
 The arbitary and inhuman .punifhment -f- inflicted on Comeroo (which 
 Mr. Dalrymple calls a concife method of flopping improper negotiations) 
 was probably not fo much owing to his congratulating the Rajah, as to 
 his being employed by Mr. Benfield, who was upon no account to have 
 communication in that Court. 
 
 When Mr. Floyer arrived with the Company's orders to proceed as 
 Chief to MafTulipatam as foon as Mr. Whitehill mould leave it, Lord 
 Pigot, hopeful of his fupport in the matter he had mod at heart, pre- 
 vented his leaving the Prefidency, under various pretences. But when his 
 Lordfhip found himfelf difappointed, his paffion got the better of him, 
 and he threatened Mr. Floyer with his difpleafure, in the moft unpre^. 
 cedented and indecent manner +. 
 
 Lord Pigot, however, before proceeding to violence againft Meffrs. 
 Stratton and Brooke, attempted to gain Mr. Floyer over to his party, by 
 propofing that he mould have leave to proceed to his Chief(hip. 
 Had this fucceeded, there would have been no occafion for fufpending 
 the two Gentlemen before-mentioned; for Mr. Floyer gained, and Mr. 
 Lathom brought up from Cuddabore, the Prefident's cafting vote would 
 have carried Mr. RuflelFs proceeding ta Tanjore; or any other motion his 
 Lordfhip had at heart. It is therefore a very unjuft reflexion on Lord 
 Pigot's abilities, to fay as fome of his enemies have done, that he pro- 
 ceeded to violence before trying thofe arts which are fuppofed to ba 
 
 * See his Lonlfliip's Anfwer to Mr. Benfield's charge. , 
 
 f What would a MANNERS fay on being flogged in S'f. James's Park by an Officer of the 
 Moguls, becaufe he had attended the King's levee to^, congratulate him on his refloration to 
 Hanover, which the Emperor had feized hold of? 
 
 I This Gentleman had been Lord Pigot's Aid de Camp during the fiege of Madrafs, in the 
 laft war ; and out of refpect to his Lordfiiip, would not differ the matter related in Mr. Brocket's 
 letter (vol. iii. page i .) to be marked in the fair copy of the Minutes j but the foul one is {till 
 extant, and it is hoped, that thofe Gentlemen of the Houfe of Commons who called out for 
 proof when this ftory was mentioned there, will accept of the rough draught as fuch, the next 
 
 ^ $ Vol. iii. page 407. This Chiefflrp is reckoned the moil profitable employment, after the 
 Government. 
 
 F equally
 
 ( IS ) 
 
 equally fuccefsful in every quarter of the globe, except ' America *. 
 Though his Lordihip was refolved to carry his point at any rate, he knew 
 the world too well to make ufe of violence, before he tried the effect of 
 corruption -j-. 
 
 As to the two laft acts of the Refident and minority, whom Lord 
 Pigot, Comus like, turned into a majority, they fpeak fo plainly for 
 themfelves, it would fcarce be worth while to make any obfervations upon 
 them, if Governor Johnflon had not taken his ground on the point of ne- 
 ceffity. That Gentleman, who, whatfoever fide of a queftion he takes, 
 is always a fair and candid reafoner, acknowledges, that Lord Pigot is 
 not founded in his claims of pre-eminence over the Council, but infifts 
 the majority are not juftifiable in the fufpenfion and arreft of his Lordmip. 
 
 He fays, that the form of all orders of Government in India run in the 
 name of Prefident and Council. That, therefore, the majority had no 
 right to give the Secretary directions to fign a letter per order of Council 
 alone, though he acknowledges their right of directing the Secretary to 
 put in the Prefident's name without his fanction. 
 
 The majority were not fo wrong, in point of form, as Mr. Johnflon 
 thinks. It was the dire&ion to the Secretary, not the aftual orders to 
 Colonel Harper, which Mefirs. Stratton and Brooke had iigned when 
 Lord Pigot thought proper to charge them with an act fubverfive of Go- 
 vernment. Had the matter proceeded, the Secretary would have explained 
 this point of form, and if he did not, it was the Prefident's duty to do fo. 
 
 When a man of Governor Johnfton's abilities, in a great queftion of 
 right, lays hold of a doubtful error of form to attack thofe whom 1 fup- 
 port, I feel they cannot be upon very bad grounds, and am encouraged to 
 proceed in the examination of Lord Pigot's conduct in that matter. 
 
 The fufpenfion of Meffrs. Stratton and Brooke was illegal and null on 
 .any of the five different grounds that follow : 
 
 jft. A queftion of adjournment was moved and feconded, confequently 
 ought to have been put before the queftion of fufpenfion. 
 
 * Perhaps thofe arts might have turned out equally efficacious there likewife ; but the Miniflry 
 were too virtuous to try the experiment: ; and choie the horrors of war, as a leiTer evil than the 
 cravings of additional dependants. I am well allured, that the laft time Dr. Franklin was in 
 . England, a f raid of the misfortunes he faw ready to fwaliow up his country, whichfoever fide 
 was vi&oric us, he offered to retire to Switzerland for life, on a penfion of .600 per annum ; 
 which either the refemment, or the ceconomy of the Minifter prevented him from Jiftening to. . 
 The prudence of h : s Majefty f $ feivants i? much to be commended. Had they bribed America 
 into peace, a greater number of mouths would have been opened to fxvallow the fame quantity of 
 vi&uals; whereas the war they have through policy engaged the nation in, gives them more 
 victuals to difpofe of, and takes off from the number of mouths that craved before the commence- 
 ment of hoftiliiies. 
 ; f Or Meflh. Sykes and Rous would not have been fo violent in his Lordihip's fupport. 
 
 Ad. The
 
 ( '9 ) 
 
 2d. The quefUon was double, being put on Meffrs. Stratton and Brooke 
 at the fame time. 
 
 3d. Lord Pigot ordered the Secretary by his own authority as Prefident, 
 without confulting the Council, not to take the vote either of Mr. Brooke, 
 or of Mr. Stratton. 
 
 4th. Lord Pigot, being perfonally the accufer, had no more right to 
 vote, than the perfon he accufed. 
 
 5th. The Prefident has not a cafting vote in the fufpenfionof a Member 
 of the Board. 
 
 The three firft grounds of the nullity of the fufpenfions juft dated, need 
 no argument in their fupport. In regard to the fourth, I need only obferve, 
 that the anfwer given to it, that the Prefident's being ex officio, the public 
 accufer does not apply to a cafe concerning his own powers, fuppofing it 
 does to any other. In regard to the fifth, I muft obferve, that the only 
 authority the Prefident has to claim for a cafting vote in any cafe, is de- 
 rived from the aft appointing a Supreme Council, which does not extend 
 that right to the caie in queftion. Lefler powers may be applied in the 
 grant of greater ones, but greater ones can never be derived from the grant 
 of leffer ones j and the act quoted, only gives the Prefident a cafting vote in 
 the management of the Company's affairs, which can never be conftrued 
 to extend to the power of depriving a Member of Government of his fhare 
 in the adminiftration. 
 
 Both the matter and form of this day's tranfactions condemn Lord Pigot 3 
 but circumftances ftill more than either. 
 
 The caution, and proper fear of extremities which the majority had 
 fhown the three preceding days, gave Lord Pigot time for reflection ; and 
 the ufe he made of it was to lay a plot for over-reaching the oppofers of 
 his arbitrary maxims. It was his art that brought about the figning of 
 the directions to the Secretary, per order of Council. He was prepared for 
 it, and had refolved and concerted to get hold of the order, as foon as 
 figned by two of the majority. I mail not enter into the difpute of whether 
 he fnatched the directions from Mr. Brooke, or whether he ftretched out 
 his arms defiring a perufal of them. If done in the former mode, it was 
 violent ; if in the latter, treacherous -, in either, ridiculous. Upon the 
 whole, every man of common fenfe, who reads the minutes of this day's 
 proceedings, muft agree with Mr. Mackay, that it was one of the moft 
 arbitrary tranfactions ever known, even in India, and folely intended to get 
 rid of the votes of two Gentlemen in Council, who were of different 
 opinions to the Prefident. 
 
 I mould think nobody can deny that any right that was in a majority of 
 the Council before, remained in them after this very fcandalous tranfaction j 
 which, if it had not occurred in a matter of fuch high importance and mag- 
 nitude
 
 ( 20 ) 
 
 mtude, as might have coft the lives of many thoufand men, I mould have 
 thought it to have proceeded from the mallow artifice of fome mean 
 attorney, who attempted to impofe upon the Court with the moft ridi- 
 culous trick that ever was practiced by the dirtier! of his tribe. 
 
 If the right of Government was in the majority, it was their duty to 
 promulgate it, Lord Pigot's to fubmit. Inftead of which he turned them 
 out of the Council, and ordered the Commander in Chief to be tried for 
 his life by a Military Court, becaufe he had afferted the right of a majority 
 of Council in his civil capacity of Counfellor. 
 
 Whenever I have the misfortune to differ from Governor Johnfton in 
 opinion, I fpeak with the fame deference to his underftanding, as I obferve 
 with furprife at his modefty, he does to the abilities of Meffrs. Thurlow 
 and Dunning. The point of neceffity I apprehend to be proven ; but if 
 Mr. Johnfton remains of a contrary opinion, I beg leave to propofe the 
 following queftion for his folution : 
 
 i ft. If the authority of Government is vefted in a majority of Council, 
 and not in the Prefident alone has not the majority a better right of fuf- 
 pending the Prefident than the Prefident has of fufpending the majority ? 
 2d. If the Prefident, inftead of fubmitting to the voices of a majority, 
 attempts turning them out of the Seat of Government by what other 
 means can the majority keep pofleflion of their right, than by feizing the 
 perfon of the Prefident ? 
 
 ^d. When matters of Government come to fuch extremity which 
 party is to bear the blame of the confequences the one who has, or the 
 one who has not a legal right to Government ? 
 
 As Lord Pigot feems totally to have difregarded the fuperintending 
 j urifdi&ion of the Council of India, I am not furprifed that his Lordmip 
 mould fix the term of the fufpenfions he iffued againft his opponents to be 
 till the pleafure of the Company was known $ but I am at a lofs to account 
 for the majority's not giving a different period to the fufpenfions of the 
 minority. 
 
 They fubmitted Lord Pigot's arreft tothedecifion of the Supreme Connelly 
 why did they not do the fame as to the punifhment inflicted on his 
 abettors ? If they had been as much in the wrong as they were in the 
 right, as to the power claimed over them by the Prefident, their offering to 
 fubmit the decifion of their right to the Supreme Council would have been 
 fufficient excufe for the extremities they were forced into by by Lord 
 Pigot's- not permitting them to do fo*. -His Lordfhip's propofing to let 
 the matter reft till the pleafure of the Company was known, was defiring 
 them, in other words, to confent to his keeping poffeffion of the power he 
 
 Vol. i, page 338.. 
 
 had
 
 Had aflumed for a twelvemonth longer. The decifioh of the Supreme 
 Council of India might have returned from Bengal in a month or fix weeks. 
 
 The Council of Bombay {hould have attended to their being fubordinate 
 to the Council of India, before they gave an opinion on the temporary 
 right of Mr. Stratton to the. Government of Madrafs. If their precipi- 
 tation fhould be attended with any bad confequences, they muft be an- 
 fwerable for them to the Company. 
 
 Lord North has faid in the Houfe of Commons, that the fufpending of 
 the minority at all, was the act of the majority he moft difapproved of; 
 hut I cannot agree with his Lordfhip, in condemning a fufpenfion for a 
 fhort time. It might not be, ftridlly fpeaking, legal, but it was moft 
 abfolutely nectffary, that thefe Gentlemen fhould have their hands tied 
 till the ferment fubfided. 
 
 The friends of Lord Pigot,,on this fide the water, have echoed his 
 Lordfhip's complaints on the mode made ufe of to lay hold of his perforr, 
 and the danger his life has been in fince his confinement. 
 
 Had either the Council or Colonel Stuart been thirfty of his Lordfhip's 
 blood, the time of his arreft would have been chofen for his death. A 
 thoufand accidents might at that moment have excufed, nor arguments 
 have. been wanting tojuftify, fo fatal an effect of the neceflity Lord Pigot 
 had laid Government under, of putting a flop to his ufurpation of autho- 
 rity,. But fo far were any fuch intentions from the thoughts of his Lord- 
 fhip's opponents, that great care and circumfpection were made ufe of to 
 arreft him at a time, when there was not a poflibility for refiftance to 
 give pretence for fhedding the blood of his Lordfhip, his friends or his 
 fervants. The return made on the part of Lord Pigot for the humanity 
 of their conduct, is to load the Gentlemen of the majority with an attempt 
 of aflaflination and poifon ; and to accufe Colonel Stuart of perfidy in the 
 mode, and brutality in the execution of the arreft. 
 
 The arts made ufe of by Lord Pigot*s friends to intereft the military in 
 his favour, and by their means to reinftate his LordQiip in the Govern- 
 ment, obliged MefTrs. Stratton, &c. to threaten that his life muft anfwer 
 for any attempts made to refcue him, if likely to fucceed.- This threat 
 anfwered its intent. The defigns on foot were flopped, and no attempt 
 actually made *. It was therefore a very wife and merciful method of 
 preventing any difturbances, which, once begun, would probably have coft 
 the lives of feveral thoufand men. 
 
 If the majority are reprehenfible for their conduct towards their late 
 Governor, during his confinement, it is neither for .their rigour nor their ; 
 barbarity, but for their lenity. 
 
 * S.e vol. i. page 407, 460. 
 
 G The
 
 The fuccefles of Lord Pigot's former administration, the character he 
 had acquired therefrom, the honours conferred upon him in confeqaence 
 by his late Majefty, his return to India by the voice of the Proprietors, in 
 oppofition to the wifhes of the fervants of his prefent Majefty, all contri- 
 buted to buoy up his mind in public life, to exalt his ideas of prerogative, 
 to make him impatient of the controul of his equals, high and mighty in 
 the command of his inferiors. ---But every body who has feen his Lordmip 
 here, know that in private life, he is eafy and complaifant with his equals, 
 affable and popular with his inferiors. 
 
 It was very imprudent in MefTrs. Stratton, &c. to allow every body to 
 fee, and pafs their focial hours at the table of a man of his Lordlhip's dif- 
 pofition. The affability and popularity of his manners produced the effect 
 they naturally fhould. Pity at his fall which is prefent, has fuperfeded 
 the refentment of his tyranny which is paft. 
 
 The tears of Mark Anthony coft Rome her liberty ; and the blood of 
 her nobleft citizens was offered by this convivial tyrant as a facrifice to the 
 manes of Caefar. Though I abhor the policy of Caffius, that would have 
 put Mark Anthony to death, I cannot approve of the lenity of Brutus, 
 who allowed him to excite the pity of the people. 
 
 Lord Pigot and his friends were fo far from thinking his opponents had 
 any defire of putting his Lordmip to death, that they beftowed the moft 
 opprobrious names upon the Officers in whofe power he was, fent, as 
 they alledge, on purpofe to put it in execution. But the threat made ufe 
 of by Government to prevent a refcue, gave a good handle to form a plot 
 upon, that might deceive and intereft the bulk of their countrymen ct 
 home; a ftory was trumped up, that an Englifh Aid de Camp of the 
 Nabob's fon had been employed to poifon Lord Pigot. This man made 
 affidavit of his matter's having frequently defired him to murder his 
 LorJfhip ; and particularly, that about three months before, he had ordered 
 him to concert a method of doing it by poifon, with a black man ac- 
 quainted with his purpofe. It appears by the oath itfelf, that this in- 
 tention of murder (the execution of which was entruiled to others as well 
 as the informer) had been concealed by him for three months; and it came 
 out upon examination, that this Aid de Camp had been difoiiffed the 
 JSabob's fervice with ignominy and contempt, juft before he made the 
 affidavit. That he was to get a confiderable fum of money, by 'way of 
 JGariy from Mr. Monckton, Lord Pigot's fon-in-law, and recommendations 
 for preferment to the India Company from his Lordmip himfelf. Refent- 
 ment of injuries received, and hopes of benefit to come, are powerful 
 incitements for voluntary affidavit-makers. 
 
 It gives me pain to obferve what lengths people may be carried by the 
 heat of paffion. -Lord Pigot made a charge of his intended aflaffination 
 
 againft
 
 againft the Nabob's fon.- Mr. Dalrymple, without actually faying fo, in- 
 finuates, that the Members of the Council knew of it. The informer was 
 recommended by Lord Pigot to the India Company; did. receive the 
 money he expected from Mr. Monckton, and that he might be at hand to 
 fupport his evidence here, through their means, obtained a paifage to 
 England. 
 
 All this has been proved and laid before the public iince the firft General 
 Court called upon thefe matters, where the words and tears of Admiral 
 Pigot affected every body. They did me as much as others ; and having 
 no account of thefe ftrange t ran factions but fuch as Mr. Dalrymple had 
 been pleafed to fend, I mould, like the Admiral, have been under fome 
 apprehenfions for Lord Pigot's life, if I had not been acquainted with the 
 Gentlemen of the Council and Colonel Stuart ; knowing them as I did, I 
 was not much alarmed. -They muft not only have been arTaffins, but fools. 
 Every body that confiders the tranfaction, the fituation of life of thofe 
 who confined Lord Pigot, muft immediately fee that his Lordfhip's death, 
 natural or violent, while under fuch confinement, would have been the 
 greateft misfortune that could befall his enemies ; for if they did not prove 
 to the fatisfaction of every one, that they had no hand in it, (which it was 
 fcarce poffible they mould) none of them could ever return to this country, 
 nor indeed to any part of Europe. 
 
 If Lord Pigot has a mind to be fully revenged of them all, he may, by 
 a ftroke of heroifm, worthy the violence of his difpofition, follow Lord 
 Eflex's example, and effectually ruin every one of his enemies. 
 
 Though I faw the matter in this light, t was not at all furprifed at the 
 alarms of a brother, who, I then<fuppofed, had grounded his fears upon 
 the accounts of a man he thought could be depended upon, and upon the 
 pofitive affidavit of one who had formerly been an officer in the army. But 
 what will be faid, if it {hall come out, that at the very time Admiral Pigot 
 produced the teftimony of this fellow, as a proof of his brother's danger, he 
 had feen all the papers, that evinced the purport of his perjury. ---I have 
 no proof that he had feen them, and it gives me pain to fuppofe it, but I 
 know forne of hisfriendshad; and it is difficult to conceive they were not im- 
 mediately mown to him : however, I ihall beconvinced that he had not, if he 
 .fays fo : Lord Pigot certainly knew every thing that palled on the fubject j 
 yet he fent over this man, convicted of perjury, to raife a cry of pity in his 
 favour, which few people who beg it, deferve. Mr. Dalrymple too, who, 
 not content with endeavouring to vindicate this wretch's character, would 
 injinuate, that the Council were capable of abetting a murder planned by 
 the Nabob's fon j he muft have been fen fible his inlmuation was founded 
 upon perjury.- The murdering the fame and character of men, is, in my 
 mind, ten times worfe than taking away their lives; and he that holds others 
 
 out
 
 out to the world as murderers, upon evidence that he knows tobeperjured,i 
 guilty of a crime which I might be warranted to call as bad as perjury itfelf; 
 but the friend of that villain. Colonel Stuart, leaves Mr. Dalrymple to his 
 own feelings on this occafion. If he has any, it will probably revenge my 
 friend's quarrel, better than his fword or his flick, either of which he will 
 fcorn to ufe againft him. 
 
 In the lafV General Court, Mr, Randall's name (notwithstanding the lift 
 of Gentlemen he was at the trouble of publiming, as having had the honour 
 of dining with them, before his character was infamous) was not fo much 
 as mentioned j and it is well known a Gentleman now in London, has a 
 letter from Mr. Monckton, Lord Pigot ? s fon-in-lavv, that mentions his be- 
 ing on the very beft tenns.with the Nabob's fon, fince the abfurd.and infa-? 
 mous accufation of his employing people to poifon Lord Pigot.- But ftill . 
 the Admiral returns 4o the charge ; his brother's life is no longer in dan* 
 ger; -not becaufe the Council and the Nabob do not wifh to aflaffinate 
 him, but becaufe his guard have been converted from his jailors, into his 
 protectors* The. Council fent orders to remove him at midnight, and rer 
 fufed to fay where they were going to carry him, It was not to Chingle- 
 put, as now alledged, but to Gingee. Of this the Admiral pledges him- 
 felfto produce proof, viva vace evidence, to the General Court? and 
 makes bitter reproaches on the Directors, for> their not having called this 
 evidence, Major Wood, before them. IJfhall ftate this pofitive proof of the 
 murdering purpofe of the Council and .Nabob, juft as Adjniral Pigot did to 
 the General Court. 
 
 A worthy honeft ferjeant^ of Seapoys^ writes word, that fome foul and, 
 tremendous plot againft the life of his Lord and .Governor muft be going 
 on, becaufe a regiment of the Nabob's horfe -was on its march to 
 Gingee, and a month's provifions was fent; there no preparations were 
 made at ChingJeputfor the reception of Lord Pigot the poifaning fon of 
 
 the Nabob went frequently with Mr. Benfield to the Council room. In 
 
 fupport of the firft afTertion, relating to.* the regiment of horfe, and the 
 provifiojis, the ferjeant's letter is referred to.' In fupport of the two laft 
 afTertions, .Major Wood, gave his evidence. He informed the Court he had 
 been town major of Madrafs, and ought officially to have known if any 
 orders were fent to Chingleput that no orders had gone through him, fox 
 the reception of. Lord. Pigot's perfon at that place that, upon his word and 
 honour, he had, fince'the revolution,, frequently feen the Nabob's. fon in 
 Mr. Benfield's chaife, which u fed to ftop at the fort, and they go up '{laics 
 arm in arm together That Lord Pigot, whofe aid-de-camp he was, is 
 the heft natured, gentleft, mildeft.man in the world, Sir Robert Fletcher 
 the flrajigeft, and he, himfelf. the Court's mofl obedient humble fervant. 
 
 Really
 
 Really if the' Court of Directors knew before-hand how very material 
 this gentleman's evidence was to turn out, they cannot be blamed enough 
 for not having examined him, over and over again. 
 
 What is the confequence to be deduced, according to Admiral Pigot, 
 from the major's evidence, and the ferjeant's letter ? The orders for Lord 
 Pigot's reception at Chingleput, not going through the major, prove that 
 no orders at all were fent to that place ; and the ferjeant's regiment and 
 provifions prove his Lordfhip was to be fent to Gingee. This farce of 
 evidence and conclufion over, Colonel Capper was called upon, with an 
 air of triumph, to refute them. That gentleman obferved, in anfwer, 
 that midnight is the moft convenient time for travelling in that part of 
 the world -that Lord Pigot and his friends had been tampering with part 
 of the garrifon at the Mount, to releafe him from his arreft, and reftore 
 him to the Government, which made it necefiary for the Council to remove 
 his Lordfhip to a greater diftance that Chingleput was held to be the 
 moft convenient and healthy fpot that could be fixed upon that Major 
 Cooke being at Madrafs, orders were given to himfelf to go and take the 
 command at Chingleput, and prepare every thing for the reception of Lord 
 Pigot; and that gentleman acquainted them of his arrival at Chingleput 
 the next day, which may be feen in the Minutes of the Council, published 
 by order of the Directors that the Nabob had a right to fend his .own 
 regiments where he pleafed ; that they muft have provifions where-ever 
 they went j but that it did not ftrike him any inference could be drawn of 
 the Council's having any intention to fend Lord Pigot to Gingee, from a 
 regiment of the Nabob's horfe, and the provifions neceflary for its confump- 
 tion, having been fent by his Highnefs to that place. 
 
 I never was more fenfible of the effe&of manner than on this occafion. 
 I believe every body muft acknowledge, that the charge, evidence, and 
 conclufion, are as weak, abfurd, and ridiculous, as poflible; and the an- 
 fwer pretty much to the purpofe. Yet the roars of applaufe given to the 
 Admiral were near tearing the houfe down, while the poor Colonel was 
 almoft hided out of it.- But, laying afide joke and ridicule, for the fubjedl 
 is too ferious to be treated in that manner, let me afk Admiral Pigot, whe- 
 ther it was either fair or honourable, to hold out to the world feven Coun- 
 fellorsof Madrafs, Colonel Stuart, Colonel Edington, and Captain Lyfaght, 
 as murderers, upon fuch evidence as this ? I am fure, in his cooler moments, 
 he muft think that his zeal carried him farther than is to be juftified, or 
 even excufed, by the obligation he owes to one of the beft of brothers. 
 Ridiculous as it appears to fay fo, I have fome reafon for thinking he had 
 perfuaded himfelf this reafoning was good: I hope he had, otherwife, to 
 fpeak no worfe of it, he is quite inexcufable. 
 
 H Having
 
 ( 26 ) 
 
 Having wiped off the heavy imputation of murder from the heads of my 
 friends, I leave to thofe of Lord Pigot the tafk of exculpating his Lordfhip 
 from the charge produced againit him, of wantonly and wickedly attempting 
 to load his adverfaries with a crime they were, to his own knowledge, 
 innocent of; but of which his Lordfhip was profeffedly and avowedly, 
 guilty I mean, of attempting to commit murder the word of murders 
 -that fpecies of it, which, while the exertion of arbitrary power takes 
 away from the accufed all power of defending himfelf, preferves the out- 
 ward appearance of law and form, and clothes afiailination with the robes 
 of juftice. 
 
 I know the cry and declamation that may be made ufe of, at my calling 
 the ordering Sir Robert Fletcher to be tried for mutiny an attempt to 
 murder him. But let us examine the fact : 
 
 The Governor, having quarrelled with the Nabob, infifts upon the 
 Council taking fuch meafures as muft drive that Prince to defpair, and 
 plunge the Carnatic in a war. The Council refufe to adopt thofe mea- 
 fures the Governor, with a view of obtaining a majority in Council to adopt 
 them, by half trick, half force, without any previous notice, turns two of 
 the members out of Council. By this manoeuvre, four would have become a 
 greater number than feven ; but the feven refufe to fubmit to fuch illegal and 
 abfurd legerdemain. Upon which the Governor, by virtue of his prero- 
 gative, and the authority of his packed minority of Council, di tariffed the 
 majority of that body : of this majority Sir Robert Fletcher was one : 
 Lord Pigot called his refifting this tyrannic overthrow of Government 
 mutiny, and ordered him to be tried for his life by a court-martial. 
 
 Allow me to fhift the fcene from the Carnatic to England j -from Ma- 
 drafs to London. For a moment let me fuppofe an impoffibility that 
 General Conway fhould convert a majority of the Houfe of Commons to his 
 way of thinking refpecling America, and that the King and his Minifters, 
 by a happy conjunction of fraud and violence, fhould turn juft as many 
 Members out of the houfe as might render their minority a majority, aad 
 afterwards not only expell the whole majority for not fubmitting to this 
 illegal authority, but likewife order General Conway to be tried by a 
 court-martial, as having been guilty of mutiny and rebellion. 
 
 The cafes are exactly fimilar, and I mould hope thofe patrons of liberty, 
 Lord Rockingham and Governor Johnfton, &c. would not think it right 
 to leave their friend within the reach of the fentence of a court-martial. 
 I would ftake my life they would be the firft to propofe fome vigorous mea- 
 fure that might prevent the poflibility of a hair of his head being touched ; 
 and, was it poffible fuch things could happen here, I mould think myfelf 
 too happy in being one of thofe who was permitted to join them, in aifert- 
 ipg the glorious right of all brave men to LIBERTY or DEATH ! 
 
 Myfelf
 
 Myfelf a foldier, it would ill become *me to throw out hints againft my 
 profeflion ; bat in all places, in all fuuations of life, human nature is. ftill 
 the fame. No profcffion contains more honourable men than the foldiers ; 
 ,but thirfl of advancement muft be the predominant paffion in all armies * 
 and as fome bad men will obtrude themfelves every where, I am afraid 
 there are officers, who, if they can but obtain preferment, care not much 
 by what means. 
 
 If it is confidered, that after feizing the reins of Government, it lay in 
 Lord Pigot's power to name what officers mould compofe the Court, that 
 were to fit in judgment on Sir Robert Fletcher's life, and that the martial 
 law admits no challanges o any part of the jury, nothing more need be 
 faid to point out the iniquity of trying civil crimes by a Military Court; 
 it gives ground to fufpect the worft intentions, without any thing farther; 
 but the concurrent circumftances in Sir Robert Fletcher's cafe, leave 
 little room to doubt of Lord Pigot's intending to take away his life *. 
 
 Colonel Stuart is accufed of having executed the orders of the Council 
 with perfidy and "brutality ; he is reprefented as having, under the mafk 
 of friend/hip, and profefllon of obedience, entrapped Lord Pigot into 
 confinement.- Corrupt views on the Tanjore country are the caufes af- 
 figned for this conduct. 
 
 To evince the falfity of thefe allegations againft him, I require no other 
 evidence than Lord Pigot's and Mr. Dalrymple's letters -j-. They will 
 mow, that Colonel Stuart was fo far from profefling friendmip to his 
 Lordmip, that he was an open, ma-nly, and declared enemy to him, and 
 his arbitrary meafures ; and I am fure, that his J letter requiring a fight 
 of the proceedings of that minority, which offered him the greateft bribe 
 in their power, to tempt him from his duty, did not exprefs either friend- 
 mip to Lord Pigpt, or obedience to the authority he had ufurped over the 
 Council. It was fo far from doing fo, or even conveying any fuch idea, 
 that a wife man would have been afraid of trufting him, after the receipt, 
 of it, even if he had before profeiled as much friendmip as it is acknow^ 
 
 * Lord Pigot, after his arreft, ufed all the means in his power to prevent Sir Robert Fletcher's 
 returning to Europe, which was the only chance he had left for his life ; it being certain he could 
 not live a month longer at Madrafs, and much more than probable he dies in his pafTage home. 
 This is only one of many circumftances that mark Lord Pigot's hatred of Sir Robert Fletcher. 
 
 f Jn page 6th of his Lordftiip's Narrative, he writes, It was neceflary to fend Mr. Ruflell to 
 Tanjore, becaufe the majority infifted upon fending Colonel Stuart there, " who was known to 
 be intimately connected with thofe perfons who had uniformly opp- fed my meafures concerning 
 Tanjore, and with others, at leaft fufpected by the Rajah, to have been inftrumental in bringing 
 upon him all the diftreffes he had fuffered." 
 
 Mr. DaJrymple v. ri'es much to the fame purpofe, and both allude to a matter that pafled thre' 
 days before the event of Lor^ Pigot, 
 
 t. Vol. i. page 417. 
 
 ledged
 
 ( 23 ) 
 
 ledged he did the reverfe. How then can Lord Pigot, or his friends,, dare 
 to apply to him' the illiberal terms of dimonour, villainy, and perfidy ? 
 I will explaint it. When arguments are wanting, recourse is ever had to 
 abufe ; but it is fo far from affecting thofe it is levelled againft, that it 
 overwhelms thofe who make ufe of it with the fame fhame and confufion 
 they would heap upon their enemies. 
 
 If Lord Pigot, miftaking Colonel Stuart's character, thought to bribe 
 him over from his former avowed fentiments, by giving him the command 
 of the army, and notwithstanding the remonftrances of his own friends, 
 put himfelf into Colonel Stuart's power *, who never made any profeffions 
 or aflurances to him, or his faction. Was Colonel Stuart to blame for 
 making ufe of the opportunity ? Or mould he, like a hero of Romance, 
 have faid to Lord Pigot, You are a tyrant, it is true, but I will not get 
 the better of you without your enchanted caftle; get back to Fort George; 
 I will beiiege you there; and make my victory more confpicuous in the 
 eyes of the eaft, by facrificing three or four thoufand men, the worft of 
 whom may, for aught I know, be more worth than either you or me. 
 Even Amadis de Gaul would have laughed at the idea, and I cannot 
 conceive, that at this day any would have approved of it, favc France 
 and America. 
 
 I believe the utmoft the moft rigid moralifl ever afked of men was, that 
 he mould not deceive ; I never heard it alledged, that if our enemies de- 
 ceived themfelves, it was not lawful to take advantage of their doing fo. 
 Whoever examines the conduct of thofe opponents by this rule, will fee 
 that it was the folly of Lord Pigot, not the perfidy of Colonel Stuart, 
 which occafioned the mode of his Lordfhip's arreft. 
 
 The charge of brutality in the execution of the arreft is almoft too 
 trifling to require an anfwer What does it amount to ? That, inftead 
 of making a parcel of bows and unmeaning apologies for doing Lord Pigot 
 the greatelUnjury in his power, Colonel Stuart took hold of his Lordfhip's 
 arm, and faid, Get out Get out, Sir. In what does the brutality con- 
 fift ? In his faying, Get out, Sir, inftead of, Get out, my Lord. Or 
 would thefe very delicate Gentlemen, who choofe that a man's throat 
 mould be cut with a feather, have had him make a fpeech as long as 
 that which Colonel Capper has been informed he did make ; but which, 
 confidering the hurry fuch a matter muft be executed in, is not very pro- 
 bable. It may, however, be anexaft account of what pafled for any thing 
 I know ; but I hope not for Colonel Stuart's fake, For if the author of a 
 
 * Mr. Dalrymple's note L, page 35, on Lord Pigot's Narrative, fhows this to have been the 
 cafe. Lord Pigot fhowed this letter to Mr. Ruffell and me after breakfaft, at the Garden Houfe : 
 ^agreed that it had a very fufpicious appearance ; but his Lordfhip thought, it was only meant 
 by Colonel Stuart as an apology tofos party for having them. 
 
 tragedy
 
 ( 29 ) 
 
 tragedy was, in fuch circumftances to put as long a fpeech in his hero's' 
 mouth, I might think it very fine, but furely very unnatural. It would 
 fearce be excufeable for the hero of an opera -, for Rauzzini, at fuch a 
 time, to fing one of his beft fongs. 
 
 Lord Pigot in his Narrative proceeds to account for Colonel Stuart's 
 conduct, by charging him with having * corrupt views on the Tanjore 
 country. I appeal to the world, whether it is decent, fair, or juft, to 
 mention report, unfupported by any evidence whatever, of the corruption 
 of an officer of Colonel Stuart's rank and character ? In what manner 
 does Lord Pigot defend himfelf from a charge of the fame nature, which 
 Mr. Benfield offers to prove upon him ? He appeals to his former known 
 character. 
 
 Lord Pigot had been twenty years in the Company's fervice, when it 
 was confidently reported he came home worth .500,000. Colonel Stuart 
 has been near thirty years in the King's fervice, I never heard he was 
 worth as many halfpence. 
 
 It is not my intention to throw any reflection on Lord Pigot, on ac- 
 count of the fortune he amafled before his return to India \ the noble and 
 generous ufe he made of it will cover the means he got it by, without they 
 were very bad indeed. But may I not, in behalf of an abfent friend, fay, 
 without fear of offending his Lordfhip, that if Reports, and fufpicions of 
 the Company's fervants being actuated by pecuniary motives, are to have 
 weight againft any one, it is more reafonable it mould be againlt a rich 
 than againft a poor man. 
 
 I will make no charge of this nature, founded on report; but I beg 
 leave to afk of Lord Pigot's friends, how he acquired the amazing for- 
 tune, I till now with pleafure faw himpoflefled of? 
 
 There are feveral modes of getting money in the Carnatic j---but they 
 
 may be all clailed under the four different heads of, Offices, Trade, 
 
 Gifts, Plunder. I am no impertinent fellow, that feeks to dive into the 
 minutice of other people's affairs -,- I only defire to know, in which of 
 thofe modes, this half million of money was acquired ? The fpirit and 
 magnificence of Lord Pigot would, lam lure, never fuffer him to lay up 
 any part of the emoluments of the different offices he enjoyed, in a fervice 
 of twenty years. It was not the cuftom for the Council of Madrafs to 
 trade.- One might therefore conclude, it muft have been either by gift 5 
 or plunder, that his Lordmip became poffeffed of this princely fortune ; 
 but I will draw no conclufion, left I offend the delicacy of his Lordmip's 
 
 * " It was alfo confidently reported, that Colonel Stuart had, for a pecuniary confideration, 
 engaged to manage the concerns of thofe people in the Tanjore country." See Lord Pigot's Nar- 
 rative, page 6. If there was any foundation for this report, Colonel Stuart was a very improper 
 man fcr Lord Pigot to make Commander in Chief. 
 
 I honour, 
 
 354915
 
 ( 30 ) . . 
 
 honour, already fo much hurt 'by the charge of Mr. Benfield. Only, } 
 hope, that if it was by gifts this fortune was made, they were not received 
 from his old friend Mohammed Ali, Nabob of Arcot j for, if Lord Pigot 
 heretofore got 500,000!. from that Prince, his neglecting to fend ioo,oool. 
 more, after his Lordfhip to Europe, is no good reafon for ruining fo mag- 
 nificent a benefactor. 
 
 I have as good a right to aflert, that the Nabob promifed, in the year 
 1762, to fend after Lord Pigot this 100,000 1. as Lord Pigot has to charge 
 Colonel Stuart with corrupt motives for wiming to go to Tanjore; for the 
 former was, to fpeak modeftly of it, at leaft as confidently reported, to have 
 been the cafe as the latter; but, I truft, no friend of Colonel -Stuart's will 
 attempt to defend him on the fame ground as Lord Pigot's friends do his 
 Lord {hi p. -They fay, this report cannot be true, becaufe Lord Pigot ac- 
 tually received a penfion from the Nabob of 5,000!. a-year, from the time 
 he left India, till within three years of his return, when the Nabob ftopt 
 it, under pretence of poverty. They produce a proof of this fact, which, 
 I confels to be undeniable. -Mr. is laid to have received the 
 
 arrears of this penfion, as Mifs Pigot's fortune*. 
 
 I am fo fearful of offending Lord Pigot, or any of his honourable con- 
 nections, that before I pafs even a reflection on any of thefe reports, or re- 
 futations of them, I mud firft know, whether I am to confidcr the Nabob 
 as an independent Prince, or as Lord Pigot's friend and equal. I hope thofe 
 of his Lordthip's partizans, who will not allow him to be ftiled the former, 
 will not be offended at my calling him the latter. 
 
 As a Sovereign, I confefs, European maxims would juftify Lord Pigot 
 for thinking he was not entitled to gratitude; but, as his Lordmip's friend 
 and- equal, I am afraid no maxim of any part of the world will juftify his 
 forgetting thofe pecuniary obligations, which he formerly condescended to 
 
 accept at the hands of Mahammed Ali. Let me be understood. 1 do 
 
 not fay this is my opinion, but that Lord Pigot's enemies will hold 
 
 this language. Far different are my fentiments. Lord Pigot is an Eng- 
 
 lifhman, and a Chriftian Mahommed Ali, a Moor and a Mahometan. . 
 
 Had the cafe been reverfed, indeed ! had the Englishman been the Moor, 
 and the Moor the Englifhman ! When will the meafure of our ini- 
 quities be full ? when will the other quarters of the globe pay back to 
 Europe the hideous debt of injuries that they owe her ? 
 
 In this defence of an abfent friend, 1 beg it may be attended to, that I 
 neither avail myfelf of the latitude which is generally given in political, 
 more than in private cafes ; nor of the indignation an honed man mull 
 
 * It is afierted, and not denied, that upon this tranfa&ion's coming out at Madrafs, the arrears 
 of penfion which had been received and pockeited two months before, were fent back to the Na- 
 bob, but he would not receive them. 
 
 naturally
 
 ( 3' ) 
 
 naturally feel, at being fuppofcd capable of being bought to defert his friends 
 by tbe command of the army, which he could only obtain, by the certain 
 difgrace, and the probable death, of one of thofe friends, whom he was 
 required to betray. 
 
 It is for not adopting this new fyftem of morality, propofed to him by 
 Lord Pigot, that he is branded by his Lordfhip's friends with the names of 
 perfdious fcoundrel and villain. 
 
 Even the illiberal terms they have permitted themfelves to make ufe of, 
 have not prevented my feeling much hurt at finding, that the vindication of 
 my friends muft necefTarily include an attack upon their enemies. 
 
 The attempt made by Lord Pigot and his party to bias the opinion of 
 the world, by throwing opprobriums on the majority of the Council, and 
 Colonel Stuart, laid me under a neceffity of wiping the dirt from the fhoulders 
 of my- friends; if, in falling, it has lighted on thofe of the aggreflbrs, they 
 have themfelves to blame. In any retort I have made upon them,- I have 
 endeavoured to make decency check the career of truth. 
 
 THE END. 
 
 JUST PUBLISHED. 
 
 A 
 
 LETTER to the Right Honourable Lord Pigot. Price 6d. 
 
 %* In the Remembrancer, Number 23, is a brief State of the Controverfy relative 
 to Tanjore, and an Account of the Imprifonment of Lord Pigot. Price is. And 
 in the Remembrancer, Number 18, is a Recapitulation of all the principal Facts 
 refpeding the Eaft-India Company's Affairs, from 1772 to the prefent Time. Price is. 
 
 Proceedings of the Governor and Council at Fort William, refpe&ing the Ad- 
 miniftration of Juftice amongft the Natives in Bengal. Price is. 6d. %* This 
 Pamphlet contains the Gentoo Laws. 
 
 The Prefent State of the Britifh Intereft in India. With a Plan fpr eftablifhing a 
 regular Syftem of Government in that Country. Price 35. 
 
 The Right, Intereft and Duty of the State, as concerned in the Affairs of the 
 Eaft Indies. By T. Pownall, Efq. Price is. 
 
 The True Alarm, Price 2S. 
 
 Printed for J, ALMON, oppofite Burlington-Houfe, in Piccadilly.
 
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