I am to see Peel on Sunday at half-past one on Indian matters.

_January 22._

At one, Privy Council to consider the petition of the E. I. C. for the

recall of Sir J. P. Grant. The Lord President, Lord Chief Baron, and Lord

Chief Justice of Common Pleas present. The committee reported that they did

not consider themselves warranted at present in advising Sir J. P. Grant's

removal, but they thought it right he should be directed to proceed home

that the several matters objected to him might be investigated.

I took the opportunity of the presence of two judges to get a legal opinion

as to Sir J. Malcolm's conduct in resisting the service of the Habeas

Corpus _ad testificandum_.

I took the opportunity likewise of laying before the two judges the change

of circumstances since the institution of the Supreme Court, and the

present reasons for making their jurisdiction without the limits of the

Presidency the exception and not the rule.

The judges seemed to enter into my view. The Lord Chief Baron suggested

that there might be a previous enquiry before the Country Court, which

might for that purpose be a sort of grand jury. [Footnote: _I.e._ when the

case was to be transferred to the Supreme Court.]

Lord Hill showed me a letter from Sir F. Watson addressed to Sir B. Taylor,

as the King's first aide-de-camp, and directing him as such, by the King's

command, to intimate to Lord Hill the pleasure it would give His Majesty to

know that Lord Hill had given Captain Scarlett, the son of the Attorney-

General, an opportunity of purchasing a majority. Captain Scarlett is a

very young captain--and Lord Hill feels the thing asked cannot be done. He

was going to see the Duke of Wellington about it. Not very long ago the

King gave away a regiment without asking Lord Hill--however, that was

settled; but it is clear that, unless Lord Hill is allowed to exercise the

fair patronage of his office, he will resign.

_January 26._

Cabinet. It seems the French have acceded to the proposals of the Pasha of

Egypt, and finding 50,000 men would be required to take Algiers, prefer his

operating with 40,000 of his own. He pretends to have made arrangements

which will secure an easy conquest, and promises to place Tunis, Tripoli,

and Algiers under regular governments, nominally under the Sultan, whose

consent he reckons upon, and capable of preserving the relations of peace

with other Mediterranean Powers.

The Pasha's army is commanded by French officers, and the annexation of

these States to Egypt would be their practical annexation to France. When

his army is disseminated along the coast of Africa, I might realise my

dream of taking Egypt from India.

We considered the proposed order in Council relative to the slave

regulations of the King's own ceded colonies. The Duke was evidently not

well, and he was rather out of humour. We were three hours and a half in

Cabinet. He made various objections to the proposed regulations. He

impressed upon us the danger of tampering with the rights of property. We

were doing that with property of an _odious_ character, which we should not

do in England. He pressed the effect in the West Indies and the example

everywhere. He seemed to complain that the regulations were different from

those agreed to in the summer. Sir G. Murray was very quiet. He is a very

sensible man, but he is overawed by the Duke, having been under him so

long.

Poor old Tierney is dead, for which I am very sorry. He was a very good

friend of mine.

_January 27._

Cabinet at four. There can be no Council to-morrow, as Greville has the

gout and Buller is in Cornwall.

There is to be an intimation sent to the Pasha to the effect that we

_disapprove_ of the proposed attempt to conquer Tripoli, Tunis, and

Algiers. France is to be told the same. I wished conditional orders to be

given to the Fleet, and that the Pasha should be told orders had been

given. It being doubtful whether French vessels might not convoy the

Egyptian fleet and transports, I thought we had better now consider what we

should do in that event; that we had better not threaten without

determining to execute our threat, and that we should consider how we

should deal with the French ships if we stopped the Egyptian--in short not

take a first step which might make a second necessary, without knowing in

our own minds what that second step should be. The Duke thinks the French

will back out when they know our _disapprobation_, and that at any rate the

Pasha would. I rather doubt this of either of them.

The French say they have a sort of quarrel with Tripoli, but none with

Tunis, and they enter into a scheme for conquering both as stepping-stones

to Algiers. Tunis in their hands would be more dangerous than Algiers.

Hardinge told me he had had a long conversation with Peel the other day on

the state of the country. He thought Peel seemed to have apprehensions, and

to think that if the King, through some intrigue of the Brunswickers, got

rid of the Duke, things would go very ill indeed; that the authority of the

Duke alone kept things quiet. England is in a bad state, because the

country gentlemen have ill-paid rents; but Scotland and Ireland do very

well, and the trade of the country is not depressed.

Cabinet dinner at the Chancellor's. The Duke of Montrose there, as it was

to have been a dinner for the sheriffs. I told the Duke of my notion of

altering the law of succession to property in India, and enabling all

existing proprietors to leave their estates as they please.

_January 28._

The 'Times' publishes my letter to Malcolm to-day, with comments.

Upon the whole I am glad the letter has been published. I think no one can

read it without seeing I am actuated only by public views, and that I am

determined to do my duty.

The editor of the 'Courier' called at the Indian Board and saw Bankes, and

asked whether he should say anything. Bankes said he would see me before he

gave an answer. I do not care about the publication, and the letter will

defend itself.

_January 29._

Chairs have received very bad accounts of the temper of the Madras army,

which has no cause of complaint. Lord W. Bentinck has been at last obliged

to lay his hand upon the press, and, as might have been expected, is much

more abused than if he had done so at first. The Radicals had begun to

consider him one of themselves, and so think him a traitor when he refuses

to go any further with them.

I went to the Duke and told him what they said. He is, as usual, sanguine,

and thinks it will blow over.

I told the Duke I thought he had better look out for a Governor-General,

for it might be necessary to recall Lord W. Bentinck. The objection to

making Malcolm provisional successor is that he would stay till he died in

order to be Governor-General one day. Otherwise his provisional appointment

would strengthen the local Government very much.

At the Cabinet they had all read my letter in the 'Times,' except the

Chancellor. I told him to read it.

Peel was indignant at the publication. Lord Rosslyn said Joseph Hume had

had the letter some time in his possession, and must have sent it to the

'Times.'

Peel said it was a very good letter. I said I was not ashamed of it.

They all laughed very much at the simile of the elephants.

Cabinet. Much discussion as to the terms of the speech. Aberdeen's part was

very ill done indeed. It underwent much alteration and was improved. That

regarding distress and remedies was postponed. There is no remedy, and it

is best to say so.

In the meantime the export of almost all manufactures is increased largely

in quantity, but the value is diminished. Still this proves continued and

increased employment, although at low wages. This is a state of things in

which we cannot try to make corn dearer or wool either. Nothing but the

extreme cheapness of our manufactures makes their export possible.

Aberdeen read his letter to Consul Barker respecting the. Pasha's designs.

The last paragraph, which intimated that the Pasha's persistence 'would too

probably lead to our decided opposition,' was omitted. It was thought that

the recommendation, 'to weigh well the serious consequences of a measure

highly objectionable to us, and to which other Powers could not but be

unfavourable,' was thought sufficient to stop the Pasha.

If the first words had stood, we must have used the same to France, and the

threat might have led to collision. In any case the Pasha would have

communicated the expressions to France.

The Duke and the Chancellor were to see Leopold to-morrow.

Another Cabinet to-morrow at four for going on with the Speech.

_January 30._

Hardinge called. He told me all was not settled as to Lord Chandos having

the Mint. He referred to the Duke of Buckingham, [Footnote: He had, as

appears from the Wellington correspondence, pressed for years his claims to

a seat in the Cabinet, with an importunity to which the Duke of Wellington

expressed his objection. His large parliamentary interest, which almost

made him the chief of a party of his own, made him appear entitled to

expect it.] who would rather have it himself, with a seat in the Cabinet.

Lord MountCharles goes out to annoy his father, and force him to give him a

larger allowance, unaccompanied by the condition of constant attendance in

the House of Commons.

Read the Duke of Northumberland's letter to Peel on the state of Ireland.

The Duke represents the Catholic Relief Bill as having produced none of the

evils anticipated by its opposers, if it has not produced all the benefits

expected by its supporters--as having upon the whole worked better than

could have been expected in so short a time and under such circumstances.

The disturbances he thinks confined to the counties of Tipperary, Clare,

and Roscommon; in the first produced by too high rents; in the second by

late collision and the want of proper management on the part of the

gentlemen; in the last by attempts to convert the Catholics, and the zeal

of new converts. The Catholic Union is dissolved. The great body of the

Catholics have abstained from the ostentation of triumph.

_Monday, February 1._

Bankes called this morning, but I did not see him. He saw Henry. He came to

say he was out, and S. Wortley in his place. When he understood Lord

Chandos did not take the Mint, he went to the Duke and offered to remain,

thinking his going out, with Lord Chandos's declining to come in, might,

taken together, embarrass the Government. However, the arrangement was

already made.

Read Lushington's minute on the Neilgherry hills. He wants to make an

English colony there. If he had, every man would make some excuse, desert

his duty in the hot months, and go to the Neilgherry hills.

Read the first volume of Gamba's 'Travels in South Russia.' He was Consul

of France, but writes like a Russian. He talks of restoring the commercial

communication with Asia by the Phasis, Caspian, and Oxus. All this is

absurd. Unless indeed the Russians, after occupying China, turn the Oxus

into its old course, and thus enable themselves to carry goods by water

carriage to the foot of the Himalaya, or rather within 250 miles of Cabul.

_February 5._

Received last night a note from the Duke asking me, if I could, to have a

Cabinet to-day on Batta. If I could not, to send Peel the letters of

Malcolm, &c.

I determined to have the Cabinet. Peel had not read till the day before

yesterday the Batta papers, and, although inclining to the opinion that the

present orders must be maintained, he thinks it, as it is, a serious

question for the Government to decide after the minutes of Lord William

Bentinck and the members of council, with the apprehension of a mutiny as

the possible result of our standing firm. I said if we gave way the other

armies would bring forward their demands--that it was a question, not only

between the Home Authorities and the army, but the Home Authorities and the

Local Government which had for sixteen years resisted the orders sent to

them.

The Duke cautioned the Cabinet as to the character of the Indian army,

which he said was a _mercenary army_, retained in obedience by nothing but

the wish to return to England; but he thought after what had taken place we

must resist, and adhere to our present orders. Peel wished all the members

of the Cabinet to read the minutes before they decided, and there is to be

a Cabinet on Sunday.

It was determined that if a question should be asked to-night, Peel should

say 'the orders had not been countermanded.' Peel observed very justly on

the state of things which seemed to exist in India. An army sending such

memorials to the Government, and the members of the Government writing

pamphlets against each other. In point of fact, years will be required to

restore a proper tone to the Government of India.

I mentioned to the Duke the mission of two Russian Poles to India and

Manilla, and that I suspected Russia of a wish to purchase Manilla. Neither

the Duke nor Aberdeen seemed to think the Spaniards would or could sell the

Philippines. However, Aberdeen will write to the man at Madrid to find out

whether any proposal to that effect has been made by the Russian

Government.

The members of the House of Commons consider their majority last night

fortunate. The House is very loose. In the majority and minority were the

most opposite parties. O'Connell went out with Sadler. The Brunswickers are

in high glee, and have sent for their valiant champion, Falmouth. In our

House they made a poor show.

Prince Leopold is not by any means disposed to take Greece without Candia,

and it was thought, from Lord Lansdowne's speech, he and others had advised

him to take this line. Aberdeen is very much embarrassed to find a

substitute.

_February 6._

Spring-Rice asked Bankes in the House last night whether the letter to Sir

J. Malcolm published as mine was mine. Bankes said that I had no copy of

it, and therefore could not say it was correctly given. It was a private

letter. Brougham, and Mackintosh, and that ass, M. A. Taylor, spoke in

reprobation of it. Mackintosh most unfairly and disingenuously pretended to

understand I endeavoured to get off by saying it was a private letter, and

said it would be an extenuation of my offence if I would disavow the

sentiments contained in it. What must he be himself to suppose I would

disavow what I had written! Upon the whole, the tone taken by Peel and

Bankes, but more especially by Peel, was too apologetical. I shall be

obliged to go to the House on Monday to have a question put to me by Lord

Lansdowne. I shall distinctly declare he may consider the letter as mine,

and that I am ready to defend every line of it. Wrote to Lord Wellesley to

offer to put his name upon the Committee on East India affairs if he would

attend. He declines on account of ill-health.

Received a note from Peel begging me to have the Chairs to meet him on the

appointment of the committee. I sent to the Chairman, and he came and met

Peel; but Astell was out of the way. We are to meet at half-past one to-

morrow. Peel did not seem to have looked much into the subject, which the

Chairman observed.

Saw Bankes. He is not certain of succeeding now to the secretaryship of the

Admiralty, but he expects it ultimately. He thinks the Duke of Buckingham

had nothing to do with Lord Chandos's rejection of the Mint: but does not

know how it went off. He thought that Lord Chandos had accepted, and the

Duke seems to have thought so too.

A very good account from Ireland. The country gradually and quietly coming

round.

_Sunday, February 7._

Cabinet. First, Batta. The Duke gave his decided opinion in favour of

adhering to the present order. After some conversation, but no opposition,

the Cabinet acquiesced unanimously in that decision, which has been mine

from the first.

I had a moment's conversation with Peel about the letter to Sir J. Malcolm,

and told him I would defend every word of it, elephants and all.

Then we had a good deal of discussion respecting the policy to be pursued

with regard to Cuba, against which the Mexicans are preparing to organise a

slave insurrection, for which purpose they have sent a Minister to Hayti.

It seems to be generally believed that Canning, about the year 1823, issued

a sort of prohibition to the Mexican and Columbian States to attack Cuba,

but no trace can be found in the Foreign Office of any such prohibition.

Sir R. Wilson means to ask a question upon the subject to-morrow. He says,

if you prohibit the Mexicans and Columbians from attacking Cuba, you should

prohibit the Spaniards from attacking them--which is fair--in fact the

expedition of Barradas was undertaken before we knew anything about it, and

if we had wished we could not have interfered.

The question as to what answer should be given to Sir R. Wilson, and what

policy pursued, was deferred till to-morrow.

In the meantime it appears that Mr. Robertson, who is at Mexico,

remonstrated strongly with M. de Bocaregna, respecting the objects of the

embassy to Hayti, and he was told by Aberdeen that he did quite right, and

that not only ourselves but other states might view with disapprobation an

attempt to excite a warfare of an uncivilised character in Cuba.

The French have assembled 35,000 men to attack Algiers. They promise not to

keep it. [Footnote: This promise was repudiated by the Government of July.]

They intimate their intention of assisting Mehemet Ali with a fleet; but in

the meantime they are satisfied at Constantinople that Mehemet Ali will not

move.

Aberdeen told Laval that we had informed the Pasha of Egypt that we should

view with disapprobation his attack upon Tunis and Tripoli without the

consent of the Sultan. Laval begged this might be repeated to him three

times.

Much conversation as to the state of the House of Commons. The Tories are

most radical. Sir R. Vyvyan told Holmes or Planta his object was to reduce

the Government majorities as much as possible, and to make the Government

as contemptible as possible. Sir E. Knatchbull leads about twenty-three. I

think the probability is that, unless we make some coalition with the

Whigs, we shall go to the ground between the two parties, [Footnote: This

eventually occurred on the Civil List question after the accession of

William IV.] both uniting against us upon some point (upon my letter to Sir

J. Malcolm as likely as any other).

I took home Sir George Murray. He expressed his surprise the Duke should

cling to the hope of reclaiming the ultra-Tories, whom he would not get,

and who were not worth having.

I confess I think he carries it on too long, although I am not surprised he

should have wished it at first.

Prince Leopold has given no reply to Aberdeen's letter, or to the offer of

the ambassadors.

Lord Holland gives notice to-morrow of a motion about Greece, and Lord

Melbourne moves for some papers respecting Portugal.

Lord Melville gives notice for me of the committee on East Indian Affairs,

and I am not to go down till Tuesday, that we may have out the letter to

Malcolm and other Indian matters all at once.

_February 8._

Wrote a memorandum for Peel and Bankes to this effect: 'That I had neither

copy nor recollection of the letter; but that I had no doubt the letter

published as mine was substantially correct. It was a confidential

exposition of the motives which induced me to recommend two judges to the

King. [Footnote: It was suggested that with these colleagues Sir J. Grant

would be like a wild elephant between two tame ones. Alluding to the method

of taming captured elephants in India.] It was never intended to be

published, nor did I expect it would be. The expressions, therefore, were

unadvised, but the sentiments were and are mine, deliberately formed upon

full consideration of the official documents before me.

Cabinet. It appears on looking into papers of 1825 and 1826 that so far

from our having prohibited Mexico and Columbia from making any attack upon

Cuba, we uniformly abstained from doing anything of the kind. The Americans

declared they could not see with indifference any state other than Spain in

possession of Cuba, and further their disposition to interpose their power

should war be conducted in Cuba in a _devastating_ manner, and with a view

to the excitement of a servile war.

We offered to guarantee Cuba to Spain in 1823 if she would negotiate with

the colonies with a view to their recognition.

Subsequently we were willing to enter into a tripartite guarantee of Cuba

to Spain with the United States and France.

The United States seemed not unwilling, but France held back.

Peel is to say there was no record of any prohibition, but that the United

States declared so, and it was possible Mr. Canning may have intimated a

similar disposition on our part. This is to keep open to us the faculty of

interfering if we please.

The Duke thinks my letter does not signify one pin. The simile of the

elephants evidently means no more than that an indiscreet judge was placed

between two discreet ones.

The Duke told me he had offered a Lordship of the Treasury to Ashley, who

had declined it. He then told him to make himself master of the Batta

question. Ashley said he had not seen the papers. He said, let him see the

papers. I told him I had sent them the moment I got them to him, and he had

desired me to send them to the Cabinet room, which I did. When they were

taken from the Cabinet room they went to the India Board, and Ashley might

have seen them. I had never kept any papers from him. We then talked about

the speech to be made in moving the committee. The Duke seems inclined to

have little said. Peel seems disposed to say little; but he knows little. I

think they are wrong. I am sure it is necessary to correct the erroneous

notions which have been propagated with respect to the trade. They will

otherwise acquire so great a head it will be impossible to beat them back.

However, this we are to talk over with Peel tomorrow.

General King, who voted against the address on Thursday, is turned out by

the King himself; the Duke having only mentioned the fact. I dare say the

King may be alarmed by the spirit shown by the House of Commons.

The suicide of . . . . on account of his wife's seduction by the Duke of

Cumberland, will drive the Duke of Cumberland out of the field.

_February 9._

Called on the Duke. He advised a very narrowed statement in moving for the

committee. I rather doubt his judgment upon this point. I fear the opinion

of the country will become settled, and that when the strength of our case

is brought forward it will be found unequal to the driving back of the

stream. However, I made a speech as he desired. Lord Lansdowne said a few

words.

Lord Durham then questioned me as to the authenticity of my letter to Sir

J. Malcolm. I acknowledged it was substantially correct, and declared I

could not have entertained any other sentiments without a dereliction of

duty. He expressed disapprobation, considering the letter as evincing a

determination to control the independence of judges. The Duke replied--then

Lord Melville--then Lord Holland--I last. I declared that, as my father's

son, I was the last man capable of harbouring a thought against the

independence of judges; but I would resist their usurpation, more

especially when they usurped powers withheld from them by Parliament as

dangerous to the peace of India and to the stability of the British power.

I said India could not bear the collision of the Supreme Court and the

Local Government. If we did not support the Government we should lose

India.

I was determined to maintain the integrity, the dignity, the authority, and

the unapproachable power of the Local Government, and especially to support

a man who, at that distance from England, acting in the faithful discharge

of his public duty, incurred the highest responsibility and the greatest

personal risk in defence of what he considered essential to the stability

of the British power in India. I believe I did well. They all told me I

should hear no more of it.

_February 10._

Saw Bankes. He says the House of Commons is loose indeed; but he thinks

Ministers will have a majority on the East Retford business. The worst of

it is that those who ought to be the friends of Government will not stay

out a debate. Last night Peel and Goulburn were left with a decided

minority, but the House was counted out.

Saw Hardinge. He seems to think there is no great danger, and he thinks the

House is in so loose a state that the accession of an individual or two

would not draw others; that Brougham may be quieted, and that the others do

not much signify.

In the meantime Abercromby has been made Chief Baron of Scotland. Another

Whig gone. A very valuable intimation to those who remain.

Lord Lansdowne brings in Zachary Macaulay, son of the old saint. [Footnote:

The late Lord Macaulay. He is erroneously described by his father's

Christian name.] They say a very clever man indeed, at least as a writer.

Hardinge told me the Duke told Mrs. Arbuthnot I spoke very well last night.

At dinner the Chancellor and Sir George Murray congratulated me on what had

taken place.

After the Cabinet dinner, much talk and nothing settled. The motion of Sir

J. Graham will, I think, be amended--and easily. There is a disposition,

very properly, not to give Portuguese papers. As to the Lord Holland's

motion on Friday no decision is come to.

Gave the Duke the petition of the Bengal half-castes.

Mr. Jenkins, who was for many years resident at Nagpore, called upon me and

offered himself as successor to Sir J. Malcolm. He said the Chairs were

disposed to him, if the Government had no objection. I said I was aware of

the services he had rendered, but that there were many distinguished

servants of the Company, and likewise persons of ability who had not been

in India, whose several qualifications must be considered. It was further a

point upon which I must of course communicate with the Duke of Wellington.

The man is a person of dry cold manner, not prepossessing.

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