had previously been made in curtailing the extent of some of our useless and isolated points on the coast of Africa; but Sir Neil Campbell does not (any more than his predecessors in that government) feel much for our pecuniary difficulties at home; and Lord Bathurst's repeated injunctions as to extravagance were never properly attended to, till at last Lord Bathurst was obliged to tell him that his drafts upon the Treasury would not be paid. I am really greatly obliged to you for your hints, and whenever you come to town shall be most happy to have some conversation with you upon the details. Believe me, my dear Duke of Wellington, very sincerely yours, GODERICH. Sir Herbert Taylor to Lord FitzRoy Somerset. MY DEAR LORD, Cadogan Place, 2nd October, 1827. I return the Duke of Wellington's letter and the enclosures which you sent me this morning. The nomination of a Commander-in-Chief in India, as well as that of the Commander-in-Chief at Bombay and Madras, has usually resulted from communication between the Commander-in-Chief and the government, and more especially with the President of the Board of Control, the command of the Company's troops forming a principal feature in the arrangement; and in general upon the latter ground the India Board has occasionally suggested the name of the individual, and occasionally objected to that proposed by the Commander-in-Chief. But the privilege of final approval or rejection has invariably been considered as resting with the Commander-in-Chief, who is responsible for the selection of individuals employed in military capacities; more especially when these are unconnected with civil functions, as in the case of foreign governments, unless the circumstance of the Commander-in-Chief in India being second in council should be viewed as placing him in that double situation. At any rate it is free to the Duke of Wellington to object to the proposed employment of Lord Dalhousie, or of any military officer, if he should think fit to do so. If his Grace should acquiesce, it will rest with him to take his Majesty's final pleasure officially on the subject, as regards the command of the King's troops, and with Mr. Wynn as regards that of the Company's army. This question has been some time in agitation in consequence of letters which I received from Lord Combermere and Lord Dalhousie, and laid before Lord Palmerston, who communicated on the subject with Lord Goderich and Mr. Wynn, and the King's pleasure would probably then have been taken upon it if Mr. Canning's serious illness and subsequent death had not intervened. Hence arose Mr. Wynn's communication with Lord Hill; but I do not believe that anything has been said to Lord Dalhousie. I have recently replied to his letter that it had been communicated to Lord Palmerston and Mr. Wynn, but that the question remained unsettled. Ever yours truly, H. TAYLOR. [ 756.] London, 8th October, 1827. To the Hon. Mount Stuart Elphinstone. MY DEAR SIR, But I must say that the fault is not entirely to be attributed to the Treasury, but to the General officers, and principally the Commanders-in-Chief themselves. The Commander-in-Chief, Lord Hastings, first established the principle of actual capture. Then Sir Thomas Hislop and the Army of the Deccan proposed to establish a general division of all the captures, but among themselves. To this Lord Hastings objected that if there was to be a general division, the division of the Grand Army, as it was called, must share. Here the dispute began, and none upon booty was ever carried on with more violence and party spirit. The question was referred home, and came to be decided by the Treasury; how, I can't tell; and I am surprised that Lord Liverpool should ever have undertaken even to consider it at the Board of Treasury, having the means of referring it for the consideration of the Privy Council. But it was discussed and argued at the Treasury, and that Board decided that the booty should be granted to the army, and that it should be divided upon the principle of actual capture as far as that principle could be carried into execution, and that in cases in which that principle could not be carried into execution it should be divided among the whole army. Not only was I no party to that decision, but I did not know that such a question was under discussion till some months after it was decided. If I had, I should certainly have advised Lord Liverpool not to make such a decision. The first I heard of the Deccan booty was when it was proposed to me that I should be one of the trustees to carry into execution the minute of the Treasury and the King's warrant upon this subject; which trust I accepted, and I hope that God Almighty will carry to account in the measure of the punishment for my sins all that I have suffered in its execution. I have but one consolation, and that is in the reflection that if I had not undertaken the trust, and had not performed the duty which I undertook with firmness, not to be shaken by abuse in pamphlets, in the newspapers, in society and in Parliament, nor by influence in the very highest quarters, the money would now be in the coffers of the Mexicans or the Columbians, or of some mining company, or of God knows who, as not only the prize money but the whole private fortune of Sir Thomas Hislop is, and the army would not have got one shilling of it. When I came to examine the affair I found that, as usual, a very exaggerated and extravagant notion had been formed of the amount of the prize. In fact but little had been captured. The great booty had fallen into the hands of the Company's servants in consequence of the operations of the war; and every claim on the part of the Crown was liable to be rejected by the Company, and to become the subject of a suit-at-law between the Crown and the Company. The Treasury therefore reserved to themselves the power of deciding in what cases claims should be carried to the extent of proceedings at law. I very soon found that but a very small proportion of what had been originally believed to be prize could be claimed by the Crown as booty, and that of that proportion I could find but little that could be claimed by any body of troops as actual capture. The greatest proportion came into possession of the Company as the result of the general operations of the war, and according to the original minute of the Treasury ought to be divided among the whole army. I confess that I then thought that this latter part of the booty ought to be divided among what had been called the Army of the Deccan exclusively. But upon examining the case more minutely I was clearly of opinion that the only fair mode of proceeding was to divide what were called here constructive captures among the whole army. I reported accordingly to the Treasury, and upon a review and rehearing of the case they decided in conformity with the Report of the trustees, which decision, it must however be observed, was in strict conformity with that of their original minute. This is the history of this case. All that has passed since is mere matter of detail, very troublesome to those who are to conduct it, more particularly as it is quite clear that they cannot give satisfaction to the claimants, and very uninteresting to anybody else. But I must say that the trustees do not decide upon any case of importance without reporting fully to the Treasury. Although but little acquainted with Sir Lionel Smith, I entertain a great respect for him, and I should be very sorry that he should think that I had acted in any part of this business without consideration. I assure you that I never took more trouble with anything, and that the only satisfaction I feel is in the reflection that if I had not consented to undertake it, and had not persevered firmly in the line which I originally chalked out for myself, the brave officers and soldiers entitled to share in this booty would never have got a shilling, whereas they will now get, if not all that those who would have plundered them taught them to expect, at least a fair division of what there is. Ever, &c., WELLINGTON. To Viscount Goderich. [ 757. ] London, 9th October, 1827. MY DEAR LORD, Sir Thomas Hislop has received prize money on account of actual captures, 23,0421. 18s. 8d., and for law expenses due to Mr. Acheson, but claimed by and paid to Sir Thomas Hislop, 27317. 16s. 3d. These are the law expenses charged on the actual captures, of which there is still a charge admitted by the Solicitor of the Treasury in Mr. Acheson's accounts, amounting to 12371. 4s. 5d. not paid, because the counsel employed have stated to the trustees that their fees had not been paid; and we did not think proper to authorise the issue of money on account of Mr. Acheson which Mr. Acheson had not paid, and we directed that that money should be detained till it should be settled between Sir Thomas Hislop and his counsel to which of the parties it was due. [ 758.] Besides these sums, Sir Thomas Hislop has a claim to his share of the constructive captures, the amount of which I cannot at present state; but I hope that before the end of December next the trustees will be enabled to propose to the Treasury a scheme of distribution of the same. He has likewise a claim to 12,3567. 11s. 9 d., being the amount of Mr. Acheson's admitted bills for law expenses on account of the Army of the Deccan regarding the constructive captures. From this sum must be deducted the sum of 38517. 9s. 9d., being the amount due to the counsel employed in this part of the case for their fees charged in Mr. Acheson's accounts, but not paid, leaving to be received by Sir Thomas Hislop 85057. 2s. 13d. on account of the law expenses due to Mr. Acheson on this part of the case. I should have no objection to pay this sum to Sir Thomas Hislop, if the trustees could prevail upon the East India Company to advance it, but they have positively refused. I must observe to you, however, that if the law expenses on account of the Army of the Deccan on the constructive capture part of the case are to be paid to Sir Thomas Hislop, it will be absolutely necessary to pay to Lord Hastings' agents the expenses incurred on account of the Grand Army in the same part of the case, which they are not a little clamorous to receive. Ever, &c., WELLINGTON. A. S. E. M. le Comte Capo d'Istria. Londres, ce 12me Octobre, 1827. Je faisais un voyage dans les provinces du nord de l'Angleterre quand j'ai eu l'honneur de recevoir la lettre de votre Excellence du 21me Septembre; et ayant appris que votre Excellence allait passer par Bruxelles, je ne l'aurais pas cru nécessaire, vu mon caractère d'individu, de faire plus qu'en accuser la réception, si je n'avais pas aussi appris que votre Excellence en avait communiqué la copie à d'autres. Je désire donc vous rappeler quelques circonstances de la conversation que j'ai eue avec votre Excellence, afin que votre Excellence puisse voir où je me trouve dans cette question grecque. |