APPENDIX to the CHRONICLE. 427 



I 



were read accordingly, and notice 

 given by the mover, of his intention 

 of bringing the subject forward at 

 a future court. 



20tb Jan. 1801. It was moved, 

 " That it is the opinion of this court 

 that the inquiry into the alleged 

 abuse of patronage, ought to be 

 continued." 



It was moved to amend the said 

 motion, by adding thereto the fol- 

 lowing words, " to investigate any 

 charge that may be made of cor- 

 rupt practices against any one or 

 more of the court of directors." 

 Theaboveamendmentpassedin the 

 negative ; — when a ballot was de- 

 manded on the original question, it 

 was, 3rd Feb. 1810, lost by a ma- 

 jority of 139; 411 voting for the 

 question : against it, 550. 



The following o])inion of coun- 

 sel was given to the court of direc- 

 tors, previous to the ballot being 

 taken ; viz. 



" Case for the East India com- 

 pany : 



" Whether the court ofdirectors, 

 or any committee of the said court, 

 whether considered as a committee 

 of that court, or as a committee of 

 proprietors, be legally authorized 

 to call for the examination of such 

 persons upon oath, as recommend- 

 ed by the court of directors in their 

 resolution of the 25th Feb. 1800; 

 or whether in their opinion any 

 magistrate would be justified in ad- 

 ministering tiieoath so recommend- 

 ed ; and generally to advise con- 

 cerning the legality and effect of 

 such proceedings. 



" We are of opinion, that neither 

 the court ofdirectors, nor any com- 

 mittee of the said court, or commit- 

 tee of proprietors, have any legal 

 authority to require or receive exa- 

 .minations of perscyis upon oath, as 



recommended by the resolution of 

 the court ofdirectors, of the 25th 

 Feb. 1810; and that no magistrate 

 will be justified in administering 

 such oaths. 



"We therefore think the proposed 

 proceedings would be contrary to 

 law." (Signed) 



J. MiTFORD, 



W. Grant, 

 J. Mansfield, 

 T. Erskine, 

 G. Rous. 

 If this houseshould in its wisdom 

 adopt any legislative measures for 

 the purpose of preventing all traffic 

 in the disposal of offices under go- 

 vernment, it will, in the opinion of 

 your committee, be proper to extend 

 the same protection to patronage 

 held under the East India company; 

 but they see no reason to recom- 

 mend any special or separate pro- 

 visions as applicable to their case, 

 judging that the East India com- 

 pany has within its own power the 

 most eSectual means for accom- 

 plishing that end. 



It can never be advisable, with- 

 out absolute necessity, to add new 

 offences to the long catalogue al- 

 ready enumerated in the penal sta- 

 tutes ; nor is it wise to diminish the 

 sanctity of oaths by resorting to 

 them upon all occasions. Where 

 solemn declarations have been ha- 

 bitually disregarded, little reliance 

 can be placed upon the sanction of 

 any other species of asseveration. 

 Instances occur but too frequently, 

 wiiere an oath comes to be consi- 

 dered merely as part of the official 

 form by \vhich an appointment is 

 conferred ; and the liuman mind, 

 fertile in self-deception, accommo- 

 dates itself with wonderful facility 

 to overcoming all scruples, or ap- 

 plies a perverse ingenuity to evad- 

 ing 



