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THE

Gentleman's Magazine;

For JANUARY, 1774.

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in a bill for the better regulation of the Eaft India Company, not only in India, but in Europe;" which motion was agreed to on the 3d of May, the bill brought in May the 18th, and ordered to be printed: and on the ad of June it was read a fecond time, when it was propofed to confider it claufe by claufe; in confequence of which, the claufe relative to the appointment of the governor and council became the fubject of the day.

Mr. Dempiter moved, that the Directors should have the nomination of the governor, &c. with a negative power in his Majefty; and if a fecond time the King fhould difapprove, and put a negative on their choice, that then his Majefty fhould be at liberty to appoint. This was moved as an amendment, and to be inferted by way of claufe. After a long debate and much altercation, the question was at laft put for the amendment, and the House divided, Noes 161, ayes 60, majority 101 on the fide of the miniftry; fo the first appointment is vefted in parliament, removeable, however, during the term of five years, by his Majefty.

The committee then went into the appointment of a chief justice, and three other judges, to hold a fupreme court of judicature at Fort William ; that they should be appointed and nominated by his Majefty; that they fhould be barrifters of not less than five years ftanding; and that their falaries

fhould be paid by the Company; which falaries were propofed to be 6000l. ayear to the Chief Juftice, and 3000l. a-year to each of the other three: the governor general to have 25,000l. ayear, and the other four of the council 10,000l. each.

The Houfe divided with regard to the appointment of the judges, whe ther it should be vefted in his Majesty, his heirs, and fucceffors, or in the Company; and Mr.Dempster moving to leave out the words "his Majefty, his heirs, and fucceffors," it paffed in the negative, 108 to 18; fo the appointment of the judges remains vefted in the Crown. June 3.

The claufe to prevent any perfon holding any civil or military employment under the Crown from receiving or accepting any prefent or gift from any of the Indian princes, was taken into confideration.

Lord Clive obferved, that fuch a rea ftriction would be productive of great inconveniences, particularly when any town was befieged; that, instead of entering it by capitulation, the army will be for ftorming, for the fake of the plunder; and propofed a difcretionary power.

Gen. Conway fupported that amende

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ment.

Sir William Meredith oppofed it, not without a retrospect to what had paffed in the Houfe with relation to his Lordship, who, he faid, as the first and great example, ought to have been brought forth to the cenfure of the Houfe; that, if he had fucceeded in that, other gentlemen, nearly as culpable as himself, were intended to have been the objects of parliamentary enquiry; but the Houfe having thought fit to let the great example efcape, it would he needlefs to accufe others of lefs guilt, and who were led on by the force of example only. The claufe, as it stood, paffed without a divifion, as did

That relating to the reftraining the
Company's

Proceedings in Parliament, 1773.

Company's fervants from carrying on any inland trade. June 8:

• The petition of feveral of the proprietors of the Eaft India Company, poffeffed of 5ool. capital E. I. ftock, or more,but less than 1000l. was prefented to the House, and counsel heard against the claufe whereby the faid proprietors are to be deprived of the right of voting, agreeable to the terms of their charter.

Mr. Lockhart Gordon and Mr. A dair were the gentlemen deputed to fpeak to the petition; the former of whom delivered his objections to the claufe in question in fo masterly a man ner, and arraigned the shameful conduct of adminiftration with fuch poignancy, and was fo well fupported by Mr. Adair, that the treaftry-bench thought it more prudent to trust to their numbers than to make any reply.

Mr. Gordon and Mr. Adair were therefore,ordered to withdraw, and the following motion was made, and the question put:

"That it does not appear to this Houfe, that the proprietors of 5001. capital flock in the united Company of Merchants of England trading to the Eaft Indies, have been guilty of any de Jinquency in the exercife of their char ter-rights, according to the feveral acts of parliament made in that behalf." The previous queftion was then put, whether that question should be put, and it paffed in the negative. Then Meffrs. Gordon and Adair were a fe cond time called in, and spoke for a confiderable time; when, having again been ordered to withdraw from the bar, debates ensued, and continued for fe veral hours; but at length the question being put, that the claufe afcertaining the right of voting at rooot. instead of 5ool.ftock, fhould stand part of the bill, the Houfe divided, 123 Ayes, Noes 43.

A fecond divifion was occafioned by Mr Dempfer's propofal in the claufe relative to the appointing of the chief juftice and judges, that they fhould be nominated, being barristers of not lefs than five years landing, viz. to add, after the word barrißlers, the words or members of the faculty of advocates in Scotland; to which Mr. Whitworth mo ved, that the barriers of Ireland might be included; and Dr. Burrell, that the civil-law doctors in England might alfo be admitted, and joined with the Seots advocates in Mr. Dempster's mo«

tion. The whole of which being about to be put, Lord Folkftone and Mr. Whitworth defired the question might be divided, and the fenfe of the Houfe: taken feparately upon each. Accordingly, the first question was put, upon adding the words England and Ireland, which paffed in the affirmative, without a divifion. The Speaker then put the other part of the question, relative to the advocates of Scotland, together with Dr. Burrell's addition of the civillaw doctors in England, upon which the Houfe divided, whether those words fhould ftand part of the clause, Noes 193, Ayes 6.

Several blanks were filled up before the last divifion, and the names of the governors and council inferted. After Warren Haftings, Efq; (the prefent governor) had been inferted as governor-general, Lieutenant-General John Clavering was proposed as a counfel lor; but an amendment was offered, and Lieutenant-General Monckton propofed in his room; upon which the Houfe divided, Ayes 60, Noes 115Then the names of the four counfellors were inferted in the bill, viz Lieutenant-General John Clavering, Hon. John Monfon, Richard Baywell, Efq; (one of the prefent council at Calcutta), and Philip Francis, Elq.. The bill was, at length, ordered to be engroffed, to be read a third time on June the roth, when, after several warm debates, the queftion was put whether the bill should pafs? Ayes 131, Noes 21.

It afterwards met with the warmest oppofition in the House of Lords.

The Eaft India Company prefented a petition against its paffing into a law, and counsel were employed to enforce the petition. Thirteen Lords entered their protest against it, yet it passed the Houfe, and, at the end of the fel-, on, received the royal affent.

As the most forcible arguments against the bill are all comprized in the Lords proteft, that protest is here inferted without abbreviation.

The LORDS PROTEST against paf-
fing the East-India Regulating-Bill,
Diffentient,
BECAUSE the preamble to this bill,

stating defects in the powers of the Eaft-India Company, abufes in its adminiftration, and injuries to public and commercial credit, ought to have been fupported by evidence adapted to the nature of the feveral matters alleged.

But

Proceedings in Parliament, 1773.

But the production of charters has been refuled by the Houfe; no witneffes have been called to ascertain the existence or quality of the fuppofed abufes ; no enquiry has been made into the condition of public credit; and no ftate of the Company's commercial affairs have ever been laid before us.

zdly, Because, if the defects in the charters, and abufes in the administration of the Company, exift in the mannér ftated in the preamble, no effectual provifion is made in the enacting part of the bill for fupplying the one, or reforming the other: on the contrary, the utmost diftraction is introduced into the whole œconomy of their affairs. The nomination to the fabordinate prefidencies, and inferior offices in India, is left to the Company; but a fuperior prefidency is appointed by parliament to govern thofe inferior officers. The fuperior prefidency is to receive orders from the Court of Directors; but it is left to the private will of the King how far thefe orders fhall be obeyed. The Prefidency is appointed to make ordinances and regulations, but neither Directors or Company are to determine on their validity. The King alone is to allow or difallow thofe acts, as he shall chuse to signify his pleasure under his fign-manual.-This mode of vesting ultimately the whole management of the Company's weighty political affairs, their vaft revenues, and their extenfive commerce in the King's private direction, without any provifion in the bill for the intervention of any public body, (either the East-India Company or the Privy Council) or any refponfible public minifter, is, we infift, not only an high and dangerous violation of the yet unquestioned charters of the Company, but a total fubverfion of all the principles of the law and conftitu. tion of this kingdom.

3dly, Because the election of executive officers in parliament, is plainly unconftitutional, and an example of the moft pernicious kind, productive of intrigue and faction, and calculated for extending a corrupt influence in the crown. It frees minifters from refponfibility, whilst it leaves them all the effect of patronage. It defeats the wife defign of the constitution, which placed the nomination of all officers, either immediately or derivatively in the crown, whilft it committed the check upon improper nominations to parliament. But this bill, by confounding thefe powers which the conftitution

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meant to keep feparate, has deftroyed this controul, along with every wife provifion of the laws to prevent abuses, either in the nomination to, or exercife of, office.

4thly, Becaufe this ufurpation of the Company's rights in appointing the fervants is loaded with the additional injuftice of a compulfory payment of falaries, arbitrarily fixed and chargeable on the Company's revenues, with out their confent.

sthi, Because the violation of the charter is not juftified by the importance of the provisions of this bill, which operates only to transfer patronage without conferring new powers, ie being exprefsly provided by the bill, that thefe powers should be the fame as were formerly exercifed by the Company's fervants, under the Company's authority; neither is any advantage gained with regard to the particular officers named in this bill, the person firf in rank and importance in the new pasliamentary prefidency, being the very fame now at the head of the Company's prefidency in Bengal. We mean to reflect neither upon that gentleman, nor on any other appointed, who (for any thing we know to the contrary) may be men of competent ability and good character; but we think ourselves bound to declare against the manifeß contradiction and abfurdity of this bill, which, ftating abufes as now existing in India, for the ground of its regulations, yet appoints the very perfons to prefide there, who, if the allegations in the bill be true, muft be concerned, either by neglect, or actual commiffion, in all the abufes complained of.

6thly, Becaufe the appointing judges by the nomination of the Crown, with large falaries payable out of the Com pany's revenue, without the Company's confent either to the appointment of the payment, is an act of flagrant injuftice, and an outrage on all the rights of property. No neceffity can be pleaded in favour of this violence, as the Company did last year voluntarily propofe a nomination of judges, with far better provifions for fecuring a proper appointment than any contained in this bill:

the ma

7thly, Becaufe the claufe of this bill, which deprives of all fhare in nagement of their own property, all pro prietors not poffeffed of 1oool, capital ftock, disfranchising without the af fignment of any delinquency or abuse no less than 1246 perfons legally quali

5

Proceedings in Parliament, 1773.

fied, is an heinous act of injuftice, oppreffion, and abfurdity, and a grofs perverfion of the high powers entrusted to legiflature: the part of the charter which regulates the right of voting was made to establish exclusively that clafs of voters, which this act has deftroyed; the charter knows of no right of voting, but the poffeffion of 500l. capital ftock. It excludes all title to fuperior influence from fuperior property. The feveral laws to prevent the splitting of stock are all in affirmance of this principle, and made to fecure this voter. But, by a fyftem of contradiction, that, except in this bill, has no example, the very grievance of splitting of stock, by which the proprietor under 1000l. has been injured, is affigned as the fole ground for depriving him of his franchife. This lower proprietor could not poffibly have been guilty of this offence, and yet he is punished; and the large ftockholder, who alone could be guilty of the fplitting, is indulged with new privileges, in contradiction to the fpirit of that charter which he is fuppofed to have violated.

8thly, Because the lengthening the continuance of the direction while the body of the proprietors is disfranchifed, and the making the directors dependent on the private will of the King for the exertion of the little authority left to them in India by this act, tends to pervert all the powers of that great body into mere inftruments of the Court, and to extend influence of the worst kind in the worst manner in which it can be exerted.

9thly, Because the great principle upon which the bill has been supported will, not only in this, but in all cafes, juftify every infringement of the national faith, and render parliamentary fanction the worst of all fecuritics. We never can admit that a mere fpeculation of political improvement cau juftify parliament in taking away rights, which it has expressly covenanted to preserve, especially when it has received a valuable confideration for the franchises fo ftipulated. Nor are grants of parlia ment under thefe circumftances to be confidered as gratuitous donations, refumable merely at the pleasure of the giver; but matters of binding contract, forfeitable only on fuch delinquency or neceffity as is implied in the nature of every other bargain. With fuch matters before us that require the best, we are denied all manner of information. A bill, the object of which has taken

the Commons near eight months to confider, is precipitated thro' this House in little more than eight days without any attention to parliamentary ufage or decorum; as if the Lords were the lowest of minifterial tools, who are not to be indulged even with an appear. ance of difcuffion concerning the mandates they receive. In this fituation we feel the honour of the Peerage tarnished, and its dignity degraded, If the provifions and precedent of this bill should render the public faith of Great Britain of no eftimation, the franchifes, rights and properties of Englishmen precarious, and the peerage diftinguishable only by a more than common measure of indolence and fervility; if the boundless fund of cor. ruption furnished by this bill to the fervants of the crown, fhould efface every idea of honour, public fpirit, and independence, from every rank of people; after struggling vainly against these evils, we have nothing left but the fa- . tisfaction of recording our names to pofterity, as those who refifted the whole of this iniquitous fyftem, and as men who had no share in betraying to blind prejudices or fordid intereft every thing that has hitherto been held facred in this country. ABINGDON TORRINGTON BOYLE

GROSVENOR

DEVONSHIRE
PONSONBY
PORTLAND

KING
MILTON

RICHMOND

ARCHER

ROCKINGHAM
FITZWILLIAM.

June 15.

This memorable bill being now carried through both Houses, in the manner above related, Lord North gave the Houfe an account of the ftate of the national finances, and of his own proceedings with refpect to the management. He faid, that the fituation of the finances was fuch, that there would be no furplus to difpofe of, and that he fhould pay off this year no part of the national debt; that he lamented much the deficiencies of the prefent year, and mourned over the exigencies of a great Company, which he fhould endeavour to the utmost that lay in his power to fet right, and put upon a proper basis of profperity. He then gave an account of the different eftimates of the ordnance, army, navy, and mifcellaneous fervices; as alfo an account of what would be wanting for things which the Houfe might adopt. He alluded, he said, to fome private petitions

Proceedings in Parliament, 1773.

which had been prefented, which would take up fome fmall fums; Dr. Williams's petition for a reward for a ufeful and practical discovery of making green and yellow colour to be a faft dye in cotton and linen; and alfo another petition for Me firs. Hogdfon, brewers, at Bow.

He faid, that, as to the money from the fale of the Ceded Iflands, he made no manner of doubt but the gentleman (Sir William Young) to whom that matter was entrusted, would give a fair and just account of it when he came home ; that at present, though he had the two preceding years effimated 50,000l. each year, and fhould do the fame this year, yet he had only now received sooo !. out of the money that thofe Ceded Iflands were expected to return; but made no doubt, that, as that gentleman was coming over, he would give a fufficient reafon for not having remitted a greater fum. He then faid there was 20,000 l. due from the French prizes in Jamaica, which was not yet received; but, as there were affets fufficient wherewithal to pay that fum, he should make no doubt of its being forth coming; that the expences of the laft lottery were 14,000l. but he had a furplus from another account which would make that even. He then entered upon the infufficiency of grants, malt, land-tax, and others, which he made to be about 458,000 1. He faid, that, as to the India Company, every one must know, that a petition was preparing to be presented, to fay that they would not at any rate receive the loan of 1,400,000l. but he looked upon it to be the interest of Parliament to fecure that Company, in case the loan fhould be refufed. He then ftated the debts which they owed, which he made to amount, with intereft, as due to the public, to 954,000). that he should be forry and loth for the public to proceed by Exchequer procefs to pay themfelves, but that they could not wait for their money; and if neceffity demanded it, they must do it; that they owed a very capital fum to the Bank of 500,000l. which that Company could not stay for; and tho' they wished to give every affiftance to their fifter Company, yet it could not be expected that they would wait any longer with patience, and injure themfelves.

He then ftated the bills of exchange due from them, amounting to 600,000 1. and obferved, that the fituation of the Public and the Bank was

dreadful; for as they must have their money, the only effectual means and method to prevent the process against the Company, would be for the Houfe to proceed with the loan bill of 1,400,000l. to be lent on the India Company fecurity, and pay themselves with part of the money, even without the confent of the Company; that he hoped that Parliament would not, in any fhape, vary or fwerve from the refolutions they had come to; and that, if the Company would not provide for their own fecurity and profperity, it was the duty of Parliament to interfere to take care of them and their concerns. He wished that every proprietor was to feel as much as he really from his heart did for the fecurity and welfare of that Company. He ventured to fay, that no man had felt more, nor wished more eagerly than he did to put their affairs upon a permanent footing; that, if this loan fhould not answer the purpose, he thought it his duty to add loan after loan to fecure that Company; that he would answer, that government, fo far from taking money from them in their prefent exigency, would forego every emolument, and every degree of profit, and not receive a fingle fhilling from their revenue till fuch time as every man can fay with confidence, that the Eaft-India Company is faved; till that time the public will forego all participation. He then ran over the heads of the fums he had before-mentioned, and propofed borrowing on Exchequer bills to be iffued out upon next year's aid, 1,400,000 l. chargeable upon the produce of the India Company; that this year there might be a furplus of 254,000l. which he wished to keep as a referve, left any alteration fhould happen from the prefent general tranquility; not that there was any likelihood of the late troubles being revived. He could have wished, he faid, to have gone on upon the plan of laft year, of paying off part of the national debt; but circumftances had happened which prevented it. He did not intend, he faid, to propofe a lottery this year, not for any reason that was urged in the petition which was prefented by the city of London, but from fome strong reafons of his own; that, as there had been lotteries for eight years laft paft, he thought that, in a year in which no great plan of finance is undertaken, fo as to pay off any part of the national debt, a lottery might be for once omitted, It might

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