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of 1784; and he moved a queftion for that purpose. This motion was oppofed by lord Hawkesbury and the chancellor, as tending to produce unneceffary delay, at a moment when the company's fhips were detained in port at the enormous expence of three or four hundred pounds a day, and might, if they waited the iffue of the mode of proceeding now recommended, lofe their voyage for the prefent year. It was urged in vain, on the other fide, that declaratory bills, being of the nature of judicial acts, ought to be proceeded upon with more than ordinary delay and deliberation; and that in the present case especially, in which the private rights of individuals were materially affected, confiderations that were merely political ought not to be allowed any weight. The motion was rejected by a majority of 76 to 30; as was alfo a motion made by the duke of Norfolk, for deferring the fecond reading to the Thursday following, agreeable to the prayer of a petition which he prefented from certain of the proprietors of India ftock.

In the debate upon the main queftion, the bill was attacked and defended upon the various grounds on which it was difcuffed in the house of commons. The debate was clofed by the marquis of Lanfdown, who took a large view of the bill with refpect to its declaratory operation and its general political principles. He expreffed the utmost aftonishment, that any one, who recollected what had passed in that house in the years 1783 and 1784, could contend for a moment that the principles of the present bill were contained in that of 1784. Their lordships had refufed to fuffer the bill of 1783 to

be fent to a committee, because it was bad in its principle; and yet he act which they afterwards paffed in 1784, as now intended to be explained, manifeftly holds one and the fame principle. The preference of the latter to the former could not have been given on account of its particular provifions. He, at least, fhould have preferred that which gave the government of India to parliamentary commiffioners for four years. It would now have expired. But if the power proposed should once be given to the crown, what time and exertion would not be required to recover it, or to keep within due bounds the influence of the crown, when all the patronage of India was added to influence it already poffeffed? If it was capable of erecting a fourth state, and overturning the conftitution in fourth hands, how much more capable of mischief would it be, when united in one of the three eftates, and that the crown, there being eleven millions fterling per annum to administer? After fifteen years oppofition, and a concurrence of many favourable circumftances, all that the virtue of parliament could effect, in reduction of the influence of the crown, had been the abolition of the board of green cloth; and fince that reduction, the crown had got on fafter than ever. To what then were they to look for the fafety of the conftitution, when the crown fhould acquire fuch an acceffion of influence as would control parliament itself?

As a proof that minifters had infidiously concealed their defign, if they had ever really conceived an idea of conftruing the act of 1784 in its prefent extent, he quoted a pamphlet published by Mr. [H] 4

Pulteney

1

Pulteney at the time, which adminiftration avowedly difperfed all over the kingdom, as containing fenti ments which they wifhed to be confidered as the principles of their conduct. The part which Mr. Pulteney had taken upon a late occafion, clearly proved the fenfe he had of the conftruction of that act. In corroboration of this argument, his lordship alfo adverted to another tranfaction, which had taken place during the paffing of the act, when a claufe, exprefsly empowering the board of control to originate difpatches, was, upon the remonftrance of the directors, that fuch a claufe amounted to a total affumption of their rights, given up and omitted.

With refpect to the particular measure which the bill defigned to enable government to carry into execution, he conceived it to be not only unjust to the company, by filching patronage at their expence, and to their military officers, by throwing them back in their promotion, but indefenfible upon any military or œconomical principle. The latter he proved by a variety of calculations; and as to the former, he faid the policy of having many officers and few men was exploded throughout Europe, and was only calculated for patronage.

His lordship concluded with objecting to the bill, as in fome meafure deciding a point purposely left suspended hitherto, the public right to the territorial poffeffions in India. He allowed that fome decifion upon the fubject muft foon be made, and a general fyftem for the government of India adopted. He was ready to enter into a cool and difpaffionate difcuffion of that most important meafure, but he did not think that

they ought to place fo implicit a confidence in the profound wisdom and great experience of his majefty's minifters, as blindly and precipitately to adopt all their projects. If it be neceffary to fend four regiments to India, a fhort act might pafs for that purpose, and the rest be referved for a more mature deliberation.

66

in the manner

In the committee feveral amendments were propofed, but rejected; and on the 19th of March, upon its third reading, the bill was again debated by the lords Camden, Coventry, Hopeton, and the lord chancellor, on one fide, and lord Loughborough, lord Grantley, lord Stormont, lord Carlisle, and lord Hawke, on the other. The argument principally infifted on by the former was, that the act of 1784 authorised the board of commiffioners to direct, as well as to control, all acts, operations, &c. and they contended that the limiting words, bereinafter defcribed," had merely a reference to the fubfequent claufes, but did not take away the general power of fuperintendence and direction in all cafes not specified. It was also faid by the chancellor, that the power given to amend and alter dispatches, admitted in terms a power to add new matter to them. refpect to the omiffion of the word revenues, in one of the general claufes, giving a power of fuperintendence and direction, it was faid that it might either have been omitted by accident, or, waving that ground, was fubftantially included in the words civil and military con

cerns.

With

The validity of these inferences was denied by oppofition; and the example of our own conftitution was brought in oppofition to

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The clause in the mutiny bill, for incorporating in the army the new corps of military artificers, objected to in the house of commons, and carried upon a divifion. Debate upon the fame in the houfe of lords. Duke of Richmond's account of the new-established corps; supported by lords Cathcart and Rawdon oppofed by the duke of Manchefier, lords Portchester, and. Carlifle. Debate on the bill for preventing the exportation of wool. Arguments, adduced by the manufacturers in jupport of the bill; oppofed by the country gentlemen. Speakers upon the question. Chancellor of the exchequer decides in favour of the bill; carried by a confiderable majority. Budget opened. Flourishing state of the finances. Services voted; and the annual diminution of the national debt provided for without any additional tax. Progreffive improvement of the revenues, and increase of commerce. State of the finances controverted by Mr. Sheridan and Mr. Fox. Further debate upon the report of the budget; remarks upon it by. fir Grey Cooper. Bill for better regulating the trials of contefted elections brought in by Mr. Grenville; objects of the bill; palled with general approbation. Motion by Mr. Fox for the repeal of the shop-tax. Additional arguments for the repeal; oppofed by Mr. Pitt; rejected by a majority of 43. Particulars relating to the question of abolishing the flavetrade. Petitions prefented against it. Committee of privy-council appointed to enquire into it. Motion by Mr. Pitt, that the houfe would take it into confideration early next feffion. Delay oppofed by Mr. Fox and Mr. Burke; and the reafons adduced by Mr. Pitt folemnly protested againft. Bill propofed by fir W. Dolben, for regulating the transportation of flaves from Africa to the Weft Indies; objects of the bill; oppofed by the merchants of Liverpool and London. Counsel heard against the bill. Paffes through both houses, and receives the royal affent. Compenfation voted to the American loyalists; principles upon which it was to be apportioned, explained by Mr. Pitt. Cafe of Mr. Harford recom mended by Mr. Fox; amendment acceded to by Mr. Pitt. Act paffed for granting an annuity out of the Derwentwater eftate to lord Newburgh.

H AVING given our readers,

in the two laft chapters, an account of fome of the principal debates which occurred in the present feffion of parliament, we fhall now revert to several other fubjects of

importance, which occafionally en-
gaged the attention of both houses
during the fame period.

On the 12th of
March 12th.
March, the report of
the committee on the mutiny bill

was

was brought up, and, on reading the claufe for incorporating in the army the newly-raifed corps of military artificers, the fame was ftrongly objected as a dangerous innovation, and as militating against the most favourite principles of the conftitution. The fame fyftem, it was faid, might next be extended to fhipwrights, and fo to every other defcription of perfons in the service of the executive government; and therefore the house was called upon to repel fo alarming an innovation in limine. In defence of the meafure it was urged, that it would be attended with an annual faving of £2,000, upon an expenditure of £. 22,000; and that it was neceflary to extend the military law to the corps in queftion, as the only means of keeping them together, and preventing their defertion of the public fervice in time of war.

This difpofition to adopt a new principle of expediency and œcono my, upon a fubject which went to the diminution of the liberties of the fubject, instead of the old principle of actual neceffity, was feverely reprobated. Several country gentlemen declared, that if the house fhould agree to put 600 Englishmen under martial law, merely for thepaltry confideration of faving £2,000 per annum, they would betray their constituents, and would be devoid of thofe feelings for the conftitution, which ought to make their diftinguishing character. It was denied, that any neceffity for fo extraordinary a furrender of the liberties of a part of the community was made out; it having never been afferted, nor being indeed true in fact, that there was any difficulty in procuring artificers for the ordnance fervice in

time of war. The fenfe of the house being taken on the claufe, there appeared ayes 114, noes 67.

The fame fubject was again difcuffed on the third reading of the mutiny bill, when it was asked, whether any part of the corps was already enlifted and embodied? This question being answered in the affirmative, it was ftrongly contended, that the authors of the measure had been guilty of an illegal act, in raising a body of men without the confent of parliament; and that it was a violent and arbitrary measure to fubject thofe men to military law, who, at the time of their enlifting, were evidently not included in the mutiny act. On the other hand, Mr. Pitt contended, that, by a liberal interpretation of the king's prerogative, government was authorised, on the late alarm of war, to raise the corps in queftion: and fir Charles Gould, the advocate-general, maintained, that every foldier enlifted became, ipfo facto, fubject to be tried by martial law. The house again divided on the queftion, ayes 142, noes 70.

Upon the commitment of the bill in the upper house, the duke of Manchefter rofe, and declared his intention of oppofing the novel claufes that it contained. He was an avowed enemy, he said, to the extenfion of military law, unless in cafes of abfolute neceffity; and that the prefent bill went unneceffarily to extend that law, by making a number of artificers fubject to its fevere effects, who had hitherto enjoyed their liberty in common wi their fellow fubjects. Could it be proved neceffary for the fafety of the kingdom, he fhould not entertain the leaft objection to the en

creafe

crease of the army; but in a time of profound peace, the adoption of a measure of fo fingular a nature as the prefent called for jealoufy and

caution.

The duke of Richmond entered into a full explanation of the plan of which he had been the author. It had occurred to him, he said, that the formation of a regular corps of artificers, who would, in future wars, be applicable to any fervice, when wanted, either at home or abroad, could not but be attended with very, beneficial confequences. In all the armies abroad, fuch a corps made part of thofe armies, and, as their utility was unquestionable, he had concluded that there ought to be fuch a corps in our army, and therefore he had confidered it as his duty to fubmit the propofition to his majefty, who had approved of it, and it had been fince laid before the houfe of commons, and voted by that branch of the legislature. With regard to putting them in the mutiny bill, being a part of the army, enlifted regularly as foldiers, like other foldiers they ought undoubtedly to become fubjected to the fame law, as the policy of the ftate had confidered it as right that all foldiers fhould continue in fuch a ftate of fubordination. At the fame time, it was not to be confidered as any hardship, fince no fpecies of trial, however popular it might be, was, he believed, more fair and candid than trials by court martial. He added, that the corps of artificers proposed to be formed, was not only highly ufeful, but, at the fame time, fo far from being an additional expence, they would prove a faving, because the difference between getting fuch a number as heretofore, and having them formed into a re

gular corps as intended, would render the ufual expence lefs by two thousand pounds. Exclufive of the corps of artificers, the corps of engineers, and the gunners, and quarter gunners, were likewife inferted in the mutiny bill, which, undoubtedly, they ought to be, as they were a part of the army.

Lord Portchefter objected principally to that part of the new establishment which fubjected the artificers to the arbitrary punishment of the mafter-general of the ordnance. In one inftance they might be reduced for want of fkill, of which the mafter-general was made the fole judge, to the rank of labourers, and thereby be deprived of one-third of their pay; and in another, he was also the fole judge of the quantum to which their pay fhould be reduced in cafes of idlenefs or misbehaviour.

Lord Carlifle ridiculed the ftrange reafon given for adopting the new project, that it would be a faving of

2,000 a year. If their lordships were to be governed by fuch arguments, they would be led into fo abfurd a matter as the calculation of what the furrender of the rights of the fubject was worth per man; and, if the rights and liberties of 600 artificers were worth juft L. 2,000, they would fee that the noble lord valued the rights of every individual exactly at £.3. 10s. each.

Lord Cathcart and lord Rawdon were of opinion, that the plan formed by the noble duke would be attended with many confiderable military advantages: and the question being at length put, the clause was carried without a divifion.

A bill, which was brought into the house of commons about this time, at the request of the woollen manufacturers,

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