The Sun.
London, England, 1842-08-29 00:00:00

any of his family, of attempting to seduce our sepoys
from their allegiance ; and he is of opinion that what-
ever the Raja of Sattara may have further to state in
reply to those charges, should be fairly taken into con-
sideration before any measures adverse to his Highness
can be taken upon the proceedings already held.
" 7. With regard to Dr. Milne, I am desired to state,
that though it was intended that his personal statements
should not be rejected, it was not designed to admit him
as the partisan and advocate of the Raja, and that his
intercourse with the Raja is expressly placed under the
control of the Bombay Government.
" 8. I am desired at the same time to state, with ref-
erence to the altered state of European society, and to
the freedom of access to this country now granted, that
the policy may be questionable of discouraging respect-
able individuals like Dr. Milne, from undertaking the
defence of natives of rank, who would probably be driven
by such discouragement to resort to the aid of adven-
turers, careless alike of the reputation of the accused,
and of their own Government.—l have, &c.,

(Signed) " W. 11. MACNAGHTEN.
"Secretary to the Government o; India.
" Port William, Oct. 16, 1837."
" P.S.—Since the above was wriUen, your letters of
the 27th and 28th ultimo, with chair respective enclo-
sures, have been received out lam desired to state,
that the contents of those communications do not alter
the views which the Governor-General in Council en-
tertains of the irapolicy of the collateral proceedings re-
cently held under the authority of the Right Honour-
able the Governor in Council ; and his Lordship in
Conned still adheres to the wish already expressed, that
the proceedings against the Raja shall be brought to
a terizAnation as soon as possible.
(Signed) " W. H. MACNAGHTEN."

„ .
It is remarkable that the course recommended in the
former of these letters is very nearly that which Sir
James Carnac, in 1839, determined in the first instance
to adopt, and which there can be little doubt would have
been by far the best wally of disposing of this unfortunate
and painful case. These letters, particularly that of the
2d of October, 1837, made a deep impression on the
Bombay Government, and no one can be surprised. It
felt itself on its trial as well as the Raja, and did not
like being called upon to abandon an unpromising and
unsatisfactory investigation, which it had deemed so im-
portant. These papess follow

(Minute by lite Governor, Oct. 19, 1837.)
" In consequence of the, to me, surprising letter of the
Government of India, dated the 2d instant, on Sattara.
affairs, I think we had better suspend sending any fur-
ther papers connected with these affairs to that Go-
vernment, till we can consider a little the position in
which we are placed by the letter in question. This does
not apply to letters which ought to have been sent before
but were omitted by accident." _

(Vinute by the Governor, Oct. 30, 1837.) Subscribed to
by Mr. James Fetish.
_ _

" 1. I have perused, with eqgal surprise and regret, the
letter front the Government of India, dated the 2d inst. ;
for I conceive that, if the course suggested in the con-
cluding paragraph be pursued, the credit of the British
Government will.be seriously impaired."
4. 5. I need not say that, in the earlier stages of the
present investigation, our proceedings had the good for-
tune to meet with the entire approval of the Government
of India. All the information, however, which we could
then collect was derived from but a few sources, and was
comparatively scanty, and the Government of India ex-
pressed a wish for further information. We exerted our-
selves to meet that wish ; and in entering on a more ex-
tended field of inquiry, we were acting, as we conceived,
ituniediately by the directions of that Government, ad
securely counted on their sanction and countenance. The
various clues to discovery, therefore, which the first in-
quiry suggested, were followed out with diligence, and a
vast mass of new evidence has been elicited ; but no
great progress had been made in this work, when the
Supreme Government was pleased to disapprove of the
course we were pursuing, and to call on us to terminate it
at the earliest possible moment. To close our proceedings
abruptly would have been fatal to the reputation, not
only of this Government, but, as I conscientiously be-
lieve, of the British power in general, for wisdom, firm-
ness, and justice. The responsibility, however, of going
forwai-d, even to a limited extent, was heavy and
painful. It is astonishing how quickly the opinion
gained ground at Sattara, that the Bombay au-
thorities, in the active measures in which they
still persisted, were seriously compromising their
credit with the higher authorities to whom they
were accountable. Animated by this belief, the
parties, whose interests the inquiry threatened to affect
adversely, made every attempt to thwart or elude it ;
and, rich and unscrupulous, they had in no small degree
the means of accomplishing their object. The public
press of Bombay meanwhile rang with necessarily un-
contradicted declarations against our cruel, oppressive,
and inquisitorial conduct. To attacks like these no
powers of language that I possess can adequately repre-
sent wy profuund indifference, so long as I both know
them to be unjust, and feel myself sufficiently supported
to be enabled to proceed with a firm step in that path
which the public interests prescribe. But, unhappily,
these invectives, in fact, emanated from well-known in..
triguers at Samuel, re-acted on the impression at that
place, and aggravated the difficulties of the inquiry in
which we were engaged. Thus situated ourselves, we
yet felt it our duty to give no cold or vacillating support
to the able and zealous officer immediately charged with
those inquiries. Through good and evil report we have
persevered ; have taken it on ourselves to protract, to
the latest moment, that cessation of operations which had
been enjoined; and though, even yet, some lines of in-
quiry remain unpursued, have at length acquired a suffi-
cient body of facts, to settle, as I believe, the question at
issue.

" 6. Under these circumstances, however, it canno"., be
denied that the character of the Bombay Otover-ment is
almost as deeply committed on the event of the present
discussions as that cf the ruler of Sattara, We owe it to
ourselve3 to show, that we have ricA acted lightly, or
harshly, or credulously ; that fre,an 'first to last we have
had no object but the disc9v,„..y of truth, and have taken
no measures but such as ',nat object justified ; that there
were good and ration ;;i grounds for the several inquiries
instituted, and tb....t those inquiries have uniformly been
prosecuted wit2A judgment, with prudence, with all prac-
ticable dds-eifeh, and with the utmost consideration for
the feelngs and interests of individuals, which could be
made, to consist with a supreme regard to the ends of
jvstice.
‘4' 7. By what I have just observed I must not be un-
dastood to say, that I deem it essential to the credit of
this Government to prove that the Raja of Sattara is
guilty. All that I mean is this, that, whether he be
guiltha not, we must prove that his acts have not been
sub:le-AC to a minuter or severer scrutiny than the inte-
rests of truth and of the British Government fully war-
ranted and .p.)sitively required. That we are strong at
least to this extent, I have no hesitation in affirming ;
and when this is made out, the vindication of the Bom-
be). authorities will, as I conceive, be complete."
The Government accordingly proceeded as shown in the
.preceding passages. The Resident at the same time was
desired to complete his inquiries, and send up a state-
meta of the evidence to be communicated to the Raja,
who was to be heard in his defence. It has been some-
times alleged that the Raja had been satisfactorily tried
on the first charge, but tlis seems to be disproved by
the fact thatin the statement.ofevidence transmitted to
i
Government by the Resident n January, 1838, pre-
paratcry to tbo intended hearing of the Raja, appears
the evidence of the first charge, as well as that of the
others; and I may here add, that when subsequently
another.statementuf the evidence was prepared by the
Resident in November, 1838, for the same purpose,
agreeably to the Governor-General's Minute of Sept. 23,
1838, that statement also was made to include the evi-
dence on the first charge, together with that on the other
charges. The following extract from the public papers
also conclusively prove that it was intended to give the
Raja a hearing or trial upon all the charges which had
been brought against him, and which were maintained.
(Sir R. Grant's minute, 15th August, 1837, par. 12.
S.P. i., 931.)
" I am further strom,dy of opinion that before the case
is conclusively disposra of, the Raja should be made ac-
quainted with the fresh evidence that has been elicited
against him, and should be allowed the opportunity of
offering defence or explanation."
(Sir R. Grant's minute, 20th September, 1837, par. 13.
. _

S.P. i., 104.)
" I think also that Colonel Ovans should be instructed
to prepare a complete statement of the case which has
been established against the Raja, in order that when
his inquiries aro concluded, it may be furnished to his
_Highness for any such explanation or answer as he may
choose to offer. If the Raja denies the statements, he
should be confronted with the witnesses ; but in this
case the acting Resident must adopt the most effective
measures for their protection."
k'Colouel Ovans. to Government, 15th Aug., 1838, par. 9.)
" It is to be recollected also that, up to this time, the
Baja has had no clear idea el the evidence which has
transpired against him."
(Mr. Anderson's Minute, 22d May, 1838, S. P., i. 207).
" I de not know what is the course the Right Honour-
able die Governor proposes should be finally pursued ;
but I think that it' a final decision or full report is made
to the Honourable Court, that it will be just that the
Raja should have an opportunity of affording an explana-
tion of what is considered to be established against his
Highness. For this end, I think the various facts found,
showing the Raja to have been implicated in intrigues
and conspiracies, having for their end the subversion of
the British authority, should be succinctly stated to
his Hiehness, and that his Highness should bo informed
that Coyernment is very willing to receive an explana-
tion of what is consideted to be established agattist his
Highness."
(Sir R. Grant, 31st May, 1838, S. P. i. 247).
" 53. It will be asked. however, whether he (the Raja)
is to be condemned without the opportunity of de-
fendin4 himself. The Raja has not been told of
of the evidence taken by Lieutenant-Colonel Ovens, and
undoubtedly has a right to be heard in his own vindica-
tion. 4. have never meant otherwise, although Ido not
think that he will yin& cato himself successfully. In
my minute of the 15th August. 1837, I observe, lam
further strongly of „pinion, that before the case is con-
tlusivuly disposed of the Raja should be made acquainted
with the fresh evidence which has been elicited against
aral should be allowed the opportunity of offering
defence or explanation.' I repeat that opinion, not
meaning; that thero should be merely the formss farce
of a trial, to be closed by a ready-made judgment, but
that the defence should be fairly heard and impartially
weighed. So far as this Government should be called to
decide on that defence, it would be my honest endeavour
to discharge my mind of all my previous opinions on the
subject, and to judge the case as if I heard it for the
first time. But if it be thought that the Bombay Go-
vernment is too strongly prepossessed of the guilt of the
Baja to be placed in the chair of judgment over his
Highness, let the Government of India constitute, in any
manner which they think fittest, an impartial and com-
petent judicature for the oecasio
( Me. Farish's Minute, 4th June, IgBS, Page 4, S.P. i. 251.)
"As regards the particular manner proposed of mak- 1