Θ ΣΥΝ ΠΙΝΙΣΧΑΙ Ω ΨΑΛΜΟΣ Α ΤΩ ΔΑΔ ΠΟΥΡΟΝΝΕΝΣΧΗΡΙΜΠΙΣΑ ΧΕΝΛΑΣΝΓΥΠΤΙΟΣ : HOC EST PSALMUS PRIMUS DAVIDIS Regis Filiorum ISRAEL, In LINGUA COPTICA seu EGYPTIACA, Nunc primum in lucem editus, & loco speciminis exhibitus Chan ibran amphiwd, nam ibschíri, nam bibnáuma áthóuab ounóudi anouwd. PSALMUS PRIMUS. atus ille vir, Beatitudo illi homini, qui non abiit in consilio non cultorum Dei: لم الذي للانسان طوبي vel الرجل هو طولا في يَذهَبْ لَمْ الَّذِي لِلْإِنسَانِ العابدين غير مشوره nakários ba birwmi, wouniádph ambirumi, ΑΚΑΡΙΟΣ ΠΕ ΠΙΡΩΜΙΩΟΥΝΙΑΤ* ΜΠΙΡΩΜΙ) áda ambáphscha chan ibsóschni andaniasavás: ΕΤΕ ΜΠΕΦΣΧΕ ΧΕΝ ΙΣΟΣΑΝΙ ΝΤΕΝΙΑΣΕΒΗΣ :· n stetit super pedes ejus in via operantium peccatum ; & non عَلَى مَجْلِسٌ وَلَمْ الْخَطِيةِ صَانِعِي طَرِيقِ فِي رِجْلَيْهِ عَلَم يَقْف المفسدين hi ibmwid andanirafarnoui; óuda ambaphhámsi hidkáthadra andaniloimós. ΙΤΚΑΘΕΔΡΑ ΝΤΕΝΙΛΟΙΜΟΣ Alla ara AAA ارادتم baphouwsch schob chan ibnómos amibschois. ΕΡΕ ΠΕΦΟΥΩΣΧ ΣΧΟΠ ΧΕΝ ΦΝΟΜΟΣ ΜΠΙΣΑΣ: Hanc materiae intactae, & primum tentatae particulam in gustum dare LONDINI TYPIS THOME ROYCROFT SIR: I beg to resume the subject of my observations on the constitution and management of the Madras Military Fund. In my former letter, presuming upon the general knowledge your readers possessed on the subject, I considered it unnecessary to enter very fully into the history and principles of the institution: so many notices have appeared in your pages, at various times, on this subject, that your readers must necessarily be acquainted with the general facts relating to the Fund. In the present communication it may, therefore, be convenient to follow the same plan I before adopted. However anomalous many circumstances connected with the regulations and administration of the Madras Military Fund may appear, there is, perhaps, none which seems more inconsistent to an impartial observer than this; that the primary object of its formation-the cause which first called it into exist ence-should be that which receives the least consideration and care, and which, therefore, always suffers most in any exigencies. The reason of this, however, is not difficult to discover. It arises, proximately, from the injudicious mode of obtaining the votes of the subscribers to the Fund, on any question submitted to them; but, more remotely, we may discover the cause itself, of which this is merely a correlative. In most cases, the majority of persons look more to present advantage than to any other consideration, and, therefore, it need scarcely excite surprise, that the unmarried and junior officers among the subscribers would rather that the widows' and children's pensions should be reduced, which would either not at all, or at all events, very remotely, affect them, than that that part of the Fund should be curtailed, which affords personal benefits to subaltern officers, and which, therefore, would affect themselves. This class of subscribers (the subalterns), of course, pays the smallest sums towards the support of the Fund; and, therefore, it would be only just, that the number of votes which each subscriber should possess should be proportionate to the sum he paid to the Fund. This is universally adopted in other institutions, and ought to be so here; and it would, perhaps, afford a more certain protection to the widows than any other measure, as the senior officers, who are mostly married men, would have many more votes than the juniors, and thus the balance would be more equally restored, which is now entirely in favour of the subalterns. But there is a very general misconception entertained on the subject of the subscribers' votes, and their power of altering the regulations of the Fund. It is generally imagined by the subscribers to this Fund, that by a majority of votes, any innovation whatever may be made, not only in the operation, but in the principles of the institution; and that all parties are bound by, and compelled to submit to, such alterations. This is in direct opposition to the principles of every other public institution; for it is universally held that the fundamental laws of an institution cannot be altered at pleasure; the extent of any alterations only reaching to the making or altering of bye-laws, and not allowing the original laws to be subverted. The reason of this is obvious; because, were it otherwise, the interests of third parties might be seriously affected by such changes. This institution, then, cannot legally alter its fundamental laws any more than other public institutions, unless it originally possessed a special clause in its regulations to that effect. This I unhesitatingly assert is not the case: so far from it, the rules have been so loosely and absurdly framed, that no regulation, however injudicious or trivial, after it has once been made, can, conformably to the laws of the institution, be rescinded or in any way altered. The only clause in the regulations relating to this subject is section vii. art. 12, which declares, "When any new regulation shall appear to the directors to be advisable, such regulation shall be circulated to corps for consideration, &c. &c." Now, the power of making new regulations," which 66 alone this clause confers, does not permit the alteration or abrogation of any existing ones; neither can it be construed into a power of making any new regulations which are not in strict accordance with the spirit of the original laws of the institution; because, as the old laws cannot be rescinded, they being left in their full force, must take precedence of the others. Notwithstanding this restriction, however, we find that the laws and regulations of this Fund are continually being altered and rescinded in the most capricious manner: so much so, that the whole code of regulations is now little better than a category of contradictions, as I propose eventually to shew. Although the laws of this institution are the most crude and undigested that can be imagined; still, such as they are, the directors and subscribers are bound to act up to them. The repeated alterations which have been made in the constitution of the Fund, by rescinding and altering the fundamental laws, are clearly illegal, as no such power is given by the original regulations of the Fund. The abrogation of the "exclusion clause," which has recently taken place, is a notable instance of this; and this important alteration may perhaps be found to involve consequences which have not been foreseen. This alteration of one of the primordial laws of the institution, and the consequent diversion of the funds from their legitimate source, being distinctly an illegal act, the directors of the Fund have rendered themselves personally liable for the loss which the institution sustains by reason of this alteration. The laws of the institution contain no saving clause for the protection of the directors, as is usual in such cases; but even if such a clause had existed, it would become inoperative the moment they acted illegally, or suffered, sanctioned, or participated in any illegal act on the part of the subscribers. This illegality has now been committed, by the abrogation of the "exclusive clause;" and therefore, if any diminution in the income of the annuitants takes place, the directors are personally liable to make good the deficiency out of their own private fortunes. It, however, is only to the widows' and orphans' pensions that this responsibility attaches, as they are the only legal creditors of the Fund. The "personal benefits of the Fund," awarded to subscribers, are contingent; dependent, not only on circumstances, but on the will of the directors. But with the annuitants, the case is very different: they have a perfectly valid claim in law, and one which cannot be disputed, the claim being recoverable by an action at common law, the same as a simple contract debt, or by filing a bill in a Court of Equity; in which latter case, the directors would be made to pay back to the Fund all the money which has been illegally paid away in consequence of the abrogation of the "exclusion clause;" such being the course in all cases of a fiduciary character, where the trustees have diverted the funds from the legitimate channel. I am aware that some persons may smile complacently at this assertion, because they are, perhaps, aware that the annuitants have all been compelled to sign a declaration to the effect that they will not take legal proceedings to enforce their claim against the Fund; and that, doing so, they ipso facto forfeit their claim. I speak advisedly when I say, there is nothing whatever in either the declaration they have signed, or in the rules of the institution, which in any way binds the annuitants not to take law proceedings, if they feel themselves aggrieved. The declaration in question, and the clauses in the regulations to which it refers, most signally fall short of the object at which they evidently aim. The first clause of the regulations which relates to this matter is sec. vii. art. 13, which states that, "If any subscriber or claimant on the Fund shall be desirous to appeal from the decision of the directors to that of the subscribers at large, upon any subject which may not be specifically defined by the regulations, such appeal, provided it be approved by three of the directors, shall be referred and decided upon in the manner prescribed in the preceding article, and the decision shall be final in all cases whatever any further agitation of the question by process of law, or otherwise, being deemed in itself to be an absolute forfeiture of all claim on the Fund." And the 15th article of the same section states, that "In order to prevent litigation, &c., every application for the benefits of the Fund shall be accompanied by an obligation of the party applying to conform and submit to the decision of the directors and the majority of the army, in cases which admit a reference to the general suffrage. So, likewise, the declaration signed by the widows, when admitted on the Fund, states that, "To prevent litigation of any question respecting claims on the Fund, which may hereafter be considered to admit of doubtful interpretation," &c. &c. : and, again, farther on, in the same declaration, the form runs thus: "I do hereby engage for myself, my heirs, &c., that I will abide by and submit to the decision of the directors for the time being of the Military Fund, or of the majority of the subscribers, taken according to the rules of the institution," &c. &c. What, then, are the rules of the institution which relate to widows? We find, sec. iv. art. 11 records them thus: "The second class of benefits, namely, those granted to widows and children of deceased subscribers, are absolute; not dependant on the decision of the directors, but controlled solely by the regulations of the institution." The widows' pensions, then, are not which admit a reference to the general suffrage" of the army, as mentioned in sect. vii. art. 15, because they are not among those "subjects not specifically defined by the regulations which are referred to in sect. vii. art. 13, and which alone can be submitted to that tribunal; and as the obligation on the part of the annuitants merely extends to not bringing such cases as these before a court of law, they are at perfect liberty to do as they think fit with all others. cases It is almost unnecessary to observe, that the general conclusion to be drawn from the preceding arguments is, that the pensions of those annuitants already on the Fund cannot be reduced, legally or equitably; as the inability of the institution to meet these claims can only arise from the funds having been diverted from their legitimate object; and if, in defiance of law, justice, and honour, such an attempt be made, the annuitants have only to bestir themselves, and bring the matter before a court of law or equity, to obtain the recognition and enforcement of their just rights. The disposition usually evinced for reducing the widows' pensions and allowances, in preference to all other claims, on the occurrence of every emergency, has already been mentioned at the beginning of this letter. This feeling, however, does not appear to be exclusively confined to the unmarried and junior officers; for, some time ago, the directors of the Fund themselves proposed a reduction in the allowance to widows, to defray the expense of their passage home after the death of their husbands. There might, perhaps, have been nothing very remarkable in this, were it not for the observations which accompany the propositions; a scheme, be it observed, which in reality was intended to act as a prohibition on the widows returning to Europe. The directors observe, in recommendation of their new plan, that, "at present, the Fund pays for sending home the widows, where they cost more to the institution than they would do in India, on account of the difference in the exchanges on England, and from the expense being further increased by the greater length of time they live, if resident in Europe, to what they would, had they remained in India!" No doubt, this is sound argument; but it appears somewhat strange, coming from a body of men who take credit for their humanity, in rescinding the "exclusion clause." It must be acknowledged, humanity shews itself in a variety of ways, under different circumstances. I propose to continue my observations, on the subject of this Fund, in another letter; and to shew the absurdity, as well as the contradictory character, of many of its rules, which are the result of the "collective wisdom" of the subscribers and managers, accumulated through a period of nearly thirty years. 13th March, 1837. I am, Sir, yours obediently, OMICRON. INCHI SEDIN, THE PIRATE. A TALE OF THE.INDIAN ARCHIPELAGO. My native village overlooked the sea; it was picturesquely situated on the Somersetshire coast, near Minehead, and from the earliest period of childhood I entertained an ardent desire to navigate its pathless waters, and to repair the fallen fortunes of my family by seeking riches in foreign countries. My childish studies tended to nourish the taste thus strongly imbibed. I read Robinson Crusoe with avidity, and the voyages of the early navigators increased my predilection; but it was for some time confined to my own breast, my parents intending me for more peaceful occupation at home. I did not even make a confidant of the sweet companion of my infancy, although she too sympathized in all my marine tastes; she loved to accompany me in my researches on the beach for shells and sea-weed; her fairies were all nautical, and she preferred the grotto which we had assisted to construct to the greenest arbour of the garden. Amy Blundell was the daughter of the Lord of the Manor, and though I might claim an equality in birth, our fortunes were widely dissimilar : children soon discover the difference between their situations, and those of their associates, and I felt rather painfully that my family could not compete with that of the greatest landed proprietor in our small neighbourhood. This conviction, however, only served to stimulate my ambition. I indulged in golden visions for the future, never doubting that, when the period for action came, they would all be realized. Thus time rolled on, until I had completed my sixteenth year. Amy was two years my junior. I had received my education at home, my father being curate of the village, and therefore well qualified to give me instruction, while the narrow state of his finances rendered the saving of so heavy an item of expense an object of importance. My elder brother was destined for the church, and I had the offer of being taken into a mercantile house in London, an offer to which I did not object, as I thought it might lead to the promotion of my own views, and I was unwilling to shock my parents by insisting upon going to sea. The failure of the concern, and the death of the partner who had promised to provide for me, occasioned a change in the family projects, and I no longer hesitated in the avowal of my predilection for a maritime life. It was time that I should choose some profession, and, after a little hesitation, my parents consented that I should seek my fortune on the deep. Mr. Blundell, who had begun to look upon the affection between his daughter and myself with some degree of apprehension, greatly facilitated my wishes, by procuring me a berth on board an East-Indiaman. I will pass over the parting scenes; suffice it to say, that I came home after my first voyage confirmed in my predilections, and with a cargo of foreign birds, beetles' wings, and ivory toys, which served to give an assurance that a speedy fortune would reward the toils and troubles I might endure. I had been very successful in the sale of small investments in Calcutta and in London, and my experience being all upon the sunny side, my anticipations were proportionably dazzling. Amy Blundell and myself were now of course declared lovers, that is to say, we had acknowledged our attachment to each other, and we separated for the second time, with a firm conviction that a short period would reunite us for ever. Neither entertained the slightest doubt of the other's constancy, such a thing as coldness, or change, or a thought that a preference might be given to a third party, never entered our heads. Mr. Blundell calculated differently, perhaps with more justice, for he was better Asiat. Journ. N.S.VOL.22. No.88. 20 |