The Sun.
London, England, 1841-07-20 00:00:00

a-id Mr. Willoughby, were present throughout this con-
ference.

ikIORNINGSUN.

what impression upon the pi blic mind,
is the guilty
state to-be tried, condemned and punished ? When a
great Government, like that of the British in India, di-
rects -its vengeance, however justly, against a helpless
dependent neighbour, and when it cannot avoid the ap-
pearance of being prosecutor and judge in its own cause,
we must not be surprised if its motives and actions are
misconstrued. And how can a suspected Prince
be fairly tried in his own dominions if left in the posses-
sion of sovereign power ? Yet, can he be- brought to
trial, without at least the plausible imputation of preju-
dice and injustice, after the open ignominy of a deposi-
dor, however avowedly provisional and temporary ?
Iney said the proceedings were a waste of the public
time ; but they, wishing only to exculpate themselves,
went on with the inquiries even against the orders of
their superiors. The whole conduct of the Raja showed
his innocence. He was told what the penalty would be,
yet he merely said he was innocent, and that, as they
had given the country, they might resume it ; all that he
wis,,s-al was the friendship of the English, and that they
should ~s,nvince themselves that he was worthy of their
confidence. Was that the language of a guilty man ?
Now, as to the character of Appa Sahib, whom they
had placed on the ttl:*une, he had embodied his views in
the dissent lie had put on the Mintiles. ; and he was
anxious to show that lie hat; not come to, his conclusions
upon light grounds. In page 233 they w,euld find the
character of the present Raja drawn by S.r R. Giant,
and upon these passages he had founded his opinion of
Appa Sahib.
A Pnoenir.Ton—Dead the 12th paragraph.
"'The paper is' vaguely written ; but it contains one
statement, eriminatory both of the alleged writer .end
the Raja, which deserves attention. In reference to We
two agents whom it is understood that the Raja
was about to depute to England, the writer says :----4Tites
Raja gave copies of the treaty and ether papers to Syuct
Meer and Ibrahim, and instructed them thus Repre-
sent first to the Court of Directors in England. `There,
should it not be effected according to our desires, repre-
sent to the King's durbar. There, if it should be de-
cided that we have full powers in our own country, aud
that the Bombay Council should have no sovereignty
nvcr u, it is good ; if not, communicate with the Roos-
walla ( Russians) and adopt means for their-army to come
down here.' Haying said so, and having prepared a foul
draft of a yad of stipulations to be passed to ti.c Roos-
walla, my brother put his sign-manual on it, and made
me put mine. Had I not put it, he would that moteent
have taken my life. Out of this fear I put it ; ;Ina I
became fully persuaded that moment, that by such cets
the Raja would not continue.'
" In weighing the claims of this statement to our be-
lief, it is impossible not to observe that there are two
circumstances which, taken by themselves, materially
detract from its credit. First, the writer acknowledges
that enmity has long existed between himself and the
Raja. Day by day,' he says, the enmity of my bro-
ther has been increasing, for he suspects me of being in
combination with the British Government.' Secondly,
he anticipates the possibility of the Rsja's dethrone-
ment, and avowedly aims at succeeding him. •If my
brother,' he observes, has done anything wrong, that
it may be forgiven out of mercy, and that the raj be
continued firm, is my only Wish. Perhaps, in order not
to continue my brother on the raj, if an • arrangement be
contemplated, I am an heir, and I am not concerned in
any improper acts ; if my b
rother has done any, there-
fore, the British Government will place me on the throne..
I have this confidence.'
" With such powerful inducements to lead him to the
crimination of the Raja, the statements of Appa Sahib
(for Ido not doubt that he is the author of the docu-
ment) must be received ,with considerable reserve. In
truth, among the numerous witnesses whose testimonies
stand recorded against the Raja, Appa Sahib is the only
one who speaks clearly on the side of his own interest.
In the case of the rest, if any has existed, the presump-
tion from their position and circumstances is, that it was
a bias in favour of his Highness. The brother, actuated
by the double motive of ill usage to resent, and of a
throne to gain, cannot be considered an impartial witness.."
Captain SHEPHERD then proceeded
" Having stated fairly the considerations which thus
tend to discredit the statement of the Prince, it is my
duty to point out; with equal candour, the circum-
stances that tell in its favour. Let it be bserved, then,
that the Prince freely criminates himself as well as his
brother. True, he extenuates the act which he con-
fesses ; but he must have felt that his confession, even
thus quailfied, could not but place him in a situation of
very serious hazard. The presumption, therefore Would
seem to be, that some letter of the sort described by
him was in existence when he wrote, and that it was out
of his own power ; and, if so, we can hardly suppose
that he would commit himself on a false allegation of
its having been signed by the Raja, which allegation the
production of the instrument would instantly confute."
Now he submitted that that did not make out much for
his friend's argument. It was said that Sir Robert
Grant was not the author of some of these statements,
but with that he had nothing to do. It was not his busi-
ness to make up these deficiencies. Again, in paragraph
13 he found these words :
" If, on the other hand, we suppose that the Raja is
here falsely accused, then we must hold, either that no
instrument of the sort existed, and that Appa Sahib's
statement is wholly false, or else that the instrument
existed, but, together, with the Raja's signature, had
been forged by the person who refers to it. But, on
either of these suppositions, why should Appa Sahib
accuse himself of treason, as well as the Raja ?
If he forged the instrument and the Raja's sig-
nature to it, why should he gratuitously add
his own ? If there existed no such instrument, and
the whole story is a fiction, why should it be part of the
fiction, that he himself partook in the crime Imputed ?
He would rather have pretending that the Raja had ear-
nestly solicited him to join in the treason, but he had
nobly resisted the solicitation.".
He now came to the coufication of the Raja's property.
He maintained that the cash, which amounted to six or
seven Ja.cs of rupees, was distinctly private property,
and on no public grounds whatever should it have been
confiscated.—(Hear, hear.) ' He would say the same
with respect to the Raja's flocks and herds, and other
property : .
" The Raja did submit peaceably ; and, confiding in
the assurances conveyed to him through the Resident, he
left in the Palace the whole of his treasure, and other
property, with the exception of the jewels belonging to
his two ranees, estimated at the value of two lacs, which
they were permitted to take with them, and which the
Court state that they were very properly allowed to
retain.
" The melancholy result of the Government's profes-
sions, and the Rata's confidence, has been the confis-
cation and transfer of the whole of his property to his
successor."
There was a direct pledge given that his property
should be respected, and he regretted that Sir R. Grant
had not acted considerately, and in conformity with that
pledge, instead of making over all the property to his
successor. He did not think they could Justify that
breach of a solemn engagement by any arguments what-
ever. He feared he had detained them too long. He
deeply deplored that the present discussion had taken
place, and that the Directors had taken so contrary a
view of the question. It had always been the practice
of the Court to interfere on behalf of the natives of
India.—(Hear, hear.) He would stake his reputation
upon that fact. In his experience of their proceedings,
they had been anxious, on every occasion, to do justice
and maintain their authority in the most conciliatory
manner. He was sorry, in this particular case, that, for
the sake of maintaining the Governor's authority, they
should have allowed themselves to confirm the Gover-
nor's deposition of the Raja ; although, up to the
eleventh hour, their opinions had been in his favour.—
(Cheers.) They had sent him a:present of a sword, and
had distinguished him above all the Princes of India.
The next point was the reflection that his Hon. Friend
opposite (Mr. Warden), had cast upon his Hon. and
. Gallant Friend General Lodwick.
General LODWICK said the Chairman had kindly.pro-
inised that he should have an opportunity
his conduct.—(Hear, hear.)
Captain SHEPHERD resumed. He admired the madnilsy
of explaining
integrity which his- Hon. and Gallant friend hadfound.
played when he was convinced of his error, and
ed the East India Company would atan-sat the sake of
that he had reason for changing his OpiciioTavile eoffitrcuesrts-
who would he ready to do justice e
'With regard to the
consistency.—(Much cheering.)
motion that had been
Friend, he need not say
that
tbut with regard to the speci-
fic in unison with iots;
p ed he feared that the Act ohh
submhiitatefdeetloingtlsieNnvierebat-oltiaisllyHaunnd.
dr
decisions.
He Court no
effect—" That the facts of the case did
adlcetritaligeyesrvevraerycht,7:bot embodied gave the
Court no Dcmwer of altering or varvmi) thei
amended, to
it
justify,
&c.," and then to confine there-
not suffici.ent Y jail.' remedy. It would not be becoming in
fiPlicaerremedyl wouldianlenti undert
that4li‘er er P'te 11)
suggest that the motion should be
selves to a general
1 'ln to support a motion which would look like an infeirige.
. he law. In its present shape he could not vote for
silent cast
ainntoona
t but he should vote for a general recommenda-
tteelxiin°thloenilaja'a fayiour. He believed Many H_on. Gentle-
on the other slue of the bar had misunderstood the
men
statements ofwthbeetCthh,ayirisna.aildt
hadand
.hl)eeepnutt•
construedChainn
threat, but ho believed their meaning was that when so
illegal a motion eae carried, it would arm the enemies
of the Company with a proposition for the curtailment of
the privileges of the Company, and- he feared the mo-
ment that was done the power of that Company would
be speedily at an end.—(Hear, hear.)
A PROPRIZTOR, whose name we were unable to learn,
said the question before the Court was, not whether the
Bombay Government had acted wisely, but whether
they had acted justly, and whether, under all the circum-
stances of the case, any injustice had been done the ex-
Raja.—(Hear, hear.) lie confessed, that looking through
the whole of the papers and the evidence that had been
taken, he could not see that there had been any injustice
done him, for the evidence was strong and conclusive
against him.—(Hear, and No.) His traitorous inter-
course with the Governor of Goa had been proved in
such a manner as to convince the most hardened unbe-
liever. The evidence had been read 'through by Sir R.
Grant. and his opinion on it was recorded. It was com-
plained that the evidence was ex parte, •but how could it
be otherwise.
the "
ephpeeearasgafiraoamt
time
ee
Baja
m.
Commission'ssfiiiyperZepelaedininedgslotilt
Highness ; and it is quite clear that his Highness under-
stood the nature of the charges preferred against him, by
his endeavouring, however unsatisfactorily, to exonerate
himself from theta. The Commission further offered to
confront the Raja with his accusers, but he declined."
He 'believed: there was a deep anxiety on the part of
the British Government to screen the Raja from the con-
sequence of his misdeeds. Any person who read para-
graphs, 8,9, 10, 11. and 12, page 68, would be con-
vinced of the truth of that statement.
" A regard to character, if not our own feeling, pre-
scribes that legal rights should be enforced with mo-
deration; and that mercy should temper justice. so
far as appears, the crime of the Raja, though amount-
ing to treason, was in a practical sense 41elioat? ; justice,