be would also observe a total absence of solemnity in the proceedings before the commissioners. The bankrupt, the creditors, the witnesses, and the individuals connected with the administration of the law, were all huddled together, without any distinction of persons; and the bankrupt was not expected to feel that just sense of shame, which it was extremely fit that all individuals in that situation should feel, and the apprehension which would operate powerfully on many minds to stimulate them to such exertions as might save them from being subject to it. There was nothing, however, of all this. The bankrupt sat by the side of the judge, in perfect fa. miliarity one with another. There was not even any distinction of dress. In his opinion, the commissioners ought to wear their professional habiliments, as one mean of imparting more gravity and solemn nity to the scene. It was in the power of the lord chancellor to de. clare that the commissioners should sit on every day in the week, and not on two days only. The lord chancellor might also prevent that which frequently happened-if it were otherwise, the honourable and learned gentlemen present would contradict him—namely, more com missions than one being executed at one and the same moment. Was it not true, he asked, that many commissions were executed at once? Was it not true that the examination of a bankrupt was carried on by one set of commissioners, and the proof of debts by another, at the same moment? Was it not true that the multifarious operations attendant upon a commission were proceeding at the same hour, or in the same class of hours? If all this was true, it ought to be remedied. For, however trivial the in

cidents, no court of justice could by possibility be trying the merits of two causes at once with any expectation of a fair and impartial determination. Another objection to the existing administration of the bankrupt laws was, that the commissioners were paid by the number of commissions which they executed. It was most unwise to remunerate a judge in such a manner that he was compelled to compress a great deal of business into a very short space of time, in order to reward himself sufficiently. Such a practice induced every kind of irregularity and absence of attention; and frauds thus proceeded, not only from the bad system of the laws, but from the imperfect administration of them. At present the fees were too small. Three prounds divided among five persons of talent and learning was not an adequate compensation for their labours. Let workmen

It

be well paid, and it might then be justly expected that the work should be well done. So much for the evil. It was not his intention at present to propose any explicit remedy. He might, it was true, move for the introduction of some remedial bill on the subject. really, however, would be imposing too heavy a burden upon him to load him with the endeavour to effect such material alterations as those which were suggested in the whole system of the bankrupt law and its administration. But he knew that there were honourable and learned members of that house who were eminently qualified to afford great assistance towards the attainment of this most desirable object. He should, therefore, abstain, in the motion with which he shoud conclude the speech which the house had so indulgently heard, from proposing any immediate

remedy i

to us through the medium of commerce, and by means of a succession of circumstances, in which the sovereign and the merchant had become united, and the political and commercial character interwoven. It was not merely a question as to the trade to India, but as to the trade with India, connected with the whole commercial system of the East India company, with their sovereignty and political functions. It had been said that the trade with India was unprofitable, was it therefore to be argued that the company were to be compelled to give it up? Take one given article from the extensive concerns of a merchant, it might be said that upon that article no profit was derived, and that therefore the merchant ought to desist from carrying on that branch of trade: but although that article, taken by itself, yielded no profit, yet the dealing in it might be so connected with other commercial concerns, that the continuing to trade in it might be essential to the pro, sperous commerce of the merchant. So, with the East India company, it was not merely a question with respect to the trade to India. It had been lately attempted, and not uningeniously, to prove that this trade really yielded a profit. He believed, however, that the trade in itself was really unprofitable: but what then? It was owing to this trade to India that the company were enabled to carry on their trade to China with greater advantage-that they had been enabled to export to China articles of the produce of the manufactures of this country, instead of bullion, which they had formerly been compelled to use as their medium of purchase in China. It was said that they carried on the trade to India at a heavy expense (the question still

remaining, whether a private merchant could carry it on at a less expense?): but again, this expense was connected with other circumstances applicable to their government in India. Thisintimate relation between the trade to India and their whole system of commerce, and between that and their system of government, rendered it utterly impos sible to take the trade to India as an isolated consideration. He believed it to be essential to the carrying on the trade to China, and he also believed it to be vital, with a view to the carrying on the government of India by the company. What, besides, must be the result to this country of opening the trade to India? The articles which must of necessity form a large proportion of those that would enter into the trade from thence, were the products of the looms of India usually known by the name of piece goods, and the importation of which would immediately tend to injure and distress our own manufacturers. Thus, therefore, the opening of the trade could only be productive of injury to our own manufactures, whilst the taking it away from the company would tend to prevent them from carrying on with advantage their commerce to China, or their system of government in India. The union of the characters of sovereign and merchant-the blending the political and commercial character, might be said to be an anomaly; but if he were asked, in any society where questions happened to be discussed, what was an anomaly, he should be inclined to say, in the first instance, that it was a part of the British constitution. In the British constitution we had anomalies, not conflicting or counteracting its principles, but harmonizing in preserving those principles in their

sound

sound practical effect. Anomaly was therefore no objection-the sovereign and the merchant, it was true, had been united-the political and commercial character had been blended; but it had operated to the advantage of India, and to promote the welfare of the people. He felt it difficult to speak upon this point, having had the honour of holding a high situation in India; but he felt it necessary to say something upon it, as it formed an important part of the subject. Some of the acts of the government in India had received high honour in this country-upon others a degree of doubt and suspicion had been thrown; but parliament had ultimately decided in their favour. By the acts of the government of the company in India, the country had been withdrawn from a state of war, and settled in a state of peace and tranquillity. The Decan, the whole territory from the Peshwa's dominions to those of the Nizam, afforded ample proofs of the bene. ficial effects of the measures of the company's government. The situation of the natives had been meliorated and improved - the rights of property, before unknown, had been introduced and confirmed by the settlement of Bengal. With respect to the principle of that settlement, he entirely coincided with his noble friend. Every governor of India had acknowledged the justice and the policy of this principle, and he was satisfied that every person qualified to be a governor of India must do the same. It formed the corner-stone of the government of India, and the extension of the principle to the conquered provinces would found a solid basis for that government to rest upon. The principle ought

1813.

to be distinctly recognised'; but the application of it must be the subject of delay, in order that the various circumstances of those to whom it was to be applied, might be accurately ascertained. Reverting to the questions to which he wished more particularly to call their lordships' attention, he would observe upou the influence of the government here, as mixed with that of the government in India, and which had continued since 1784. It was, however, a great mistake to suppose that the influence of each could be separated, and the effect of each independent of the other accurately as certained. It was not what could be or had been done by either, but what the union of both had effected. What had been produced by one or the other separately, could not be ascertained, neither could it be argued that the same effects would follow from the operation of the one cause, which had been produced by the union and blending of both. He would say, and he was borne out by the facts, that no government had better fulfilled its duties towards the people whom it governed, than that of India. The circumstances of the people had been greatly improved: a commerce most beneficial to them, the coasting trade of India, had been established and matured: in every instance their wants and comforts had been attended to: and thus, whether in a political or commercial character, the company's government had been distinguished by the benefits conferred upon the people of India. A judicial sy stem had been established, which, though not perfect, contained within it all the essentials of British justice. Yet this system, thus in-all its parts gradually and progres

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sively

sively improving, was held out as one incapable of any improvement, and the grossest misrepresentations had gone abroad in regard to its conduct towards the natives of India. The fact was, that cur government watched every opportunity of assimilating (as far as it could be done with safety) the manners of the natives to our own, and of convincing them gradually of the advantages of departing from their old customs, institutions, and prejudices. This was more particularly evident in the military department-the sepoys in the company's service confcrmed almost entirely to our modes of warfare. This was not only the fact, but it was the whole secret of the superiority of our forces over the native powers. Would it be said, then, that such a people are incapable of changes or improvement? No: but that change must be gradual and voluntary; not crude, precipitate, and forced. If we did not allow our understandings to be fettered and bound down by the superstitious notion that no change could take place, nor ought to be suffered, the result would be, that improvement was attainable, if that improvement was conducted with sufficient caution, wisdom, and deliberation. He hoped that their lordships would apply some of the principles which he had stated, to the resolutions which it was proposed to them to adopt and sanction. His lordship here entered at large into the tendency of the several resolutions; and coming to the subject of religion, he said, as to the extending christianity to India, all recommendation from the government of the religion it revered and adored, to the natives, by whom a recommendation from the government is considered as a

command, should be avoided; and all that was to be done should be effected by the gradual diffusion of Knowledge, for which purpose a collegiate body should be subject to the first dignitary of our Indian church. As to the missionaries, he had never heard, while in India, of any mischiefs done by them, neither had he heard of any impression produced in the way of conversion. They were quiet, learned, and orderly; and Mr. Carey, one of their number, was employed as instructor in some branches of oriental learning at Fort William. He (marquis Wellesley) had thought it his duty to encourage the translation of the scriptures, but had also thought it his duty to issue no orders of government on the subject of religion. As a christian go vernor, he could not have done less; as a British governor, he could not have done more. If, indeed, a project had been formed to the complete demolition of the company, and for the creation of a new government upon the ruins of the ancient and venerable fabric, at least it might be said that the plan was bold and decisive: but, in the scheme now proposed, no such vi gour was to be traced: nor was its deficiency supplied by wisdom or policy: the East India company was to be continued as the organ and instrument, without any of the power and authority necessary for government. Ministers called upon it to perform that for which their strength would be inadequate : they insisted that the flood-gates of commerce should be opened, and the company was to sink or swim as chance directed. They withered the limbs and enervated the body, and then demanded that it should perform those wonders which it had been able to execute in the height

and