MAY 16.

COMMUTATION ACT.

Mr. SHERIDAN, previously to his reading his first motion for papers relative to the commutation tax, asked whether the motion was to be objected to?

Mr. Pitt answered, that he should not object, as he understood that the substance of the motion was in print already.

Mr. Sheridan said, he hoped what had turned out to be the fact, would teach the right honorable gentleman not to be so peremptory in future.

Mr. Sheridan moved,

"An account of the quantity of tea in the warehouses of the East India Company, previous to the arrival of the first ship (the Wycombe); carefully distinguishing the sorts. This was followed by moving eighteen other accounts respecting teas.

An account was also moved, " For the quantity of silver exported to China for five years, previous to the passing the commutation act; distinguishing each year.

Also, "An account of all advices received respecting foreign shipping in the ports of China within the last two years.'

The motions having been severally put from the chair, and carried,

Mr. Sheridan begged to call the particular attention of the right honorable gentleman and of the house, to the papers, when they should be presented; as he was convinced, that they would furnish evidence that the commutation act had failed of its object altogether; that smuggling was likely to prevail under the operation of the act to a greater extent than ever;-that the faith of the compact with the public was broken ;-and that the revenue was materially injured.

Mr. Pitt observed, that he could not avoid suspecting that the honorable gentleman was conscious the papers he had moved for were

but of trifling importance, and likely to give little or no information to the house, since the honorable gentleman was so ready at the subject without them. He must, however, beg leave to decline following the honorable gentleman's example; and avoid entering into the debate, till the house should have the papers that had been just moved for upon their table, and be prepared to enter fairly into the dis

cussion.

PETITION RELATIVE TO THE GOVERNMENT OF CANADA.

Mr. Powys having moved, “That the petitions on the table relative to the goverment of Canada be read," and the same having been read short pro forma, Mr. Powys moved, "That Mr. Limeburne be called to the bar,"

The Speaker stating it to be irregular to call a witness, before a ground was first laid for it, by entering upon some regular proceeding to warrant it; a conversation ensued between Mr. Powys, Mr. Fox, the Chair, and the Chancellor of the Exchequer. At length the difficulty was solved by the latter's declaring, that he had no objection to go into a committee, for the purpose of enquiring whether it should appear from the evidence to be adduced at the bar, proper for the house to proceed farther upon the subject. The petitions having been read, therefore, upon a motion, referred to the committee, the Speaker left the chair, and Mr. Wyndham took his seat at the table.

Mr. Limeburne was then called to the bar, and read a great variety of written documents, stating the proceedings which had taken place before the judges in Canada; from whence it appeared that their decisions had been formed on vague and indeterminate principles, one deciding according to the Roman law, another according to the French law, a third according to the English law, and a fourth, without regard to either code of law, but solely in conformity to the dictates of his conscience. The documents also afforded proof of the existence of a variety of acts of oppression and injustice in the practice of the law in Canada, which called aloud for remedy.

Mr. Powys now rose, and after entering very fully into the subject, moved, "That it was the opinion of the committee that the petitions deserved the immediate and serious consideration of parliament." Mr. Pitt replied, and concluded with moving, “ that the Chairman do leave the chair." He observed, that gentlemen had asked when government would bring forward any thing; his answer had been, when they could with confidence. If they could next year they would; if not, they would not.

Mr. Sheridan expressed his fears that the committee would not gain a great deal by waiting for information. The inhabitants of Canada (he assured

the committee) were unanimous in favour of the objects stated by the honorable gentleman who made the motion. When the petition came away, there was not one dissenting voice. The fact was, that before a false alarm had gone abroad, some persons had been panic-struck, thinking that English laws were to be introduced generally, universally, and without any exception; upon that the counter-petitions had been drawn, signed, and presented to Lord Dorchester. But the cause of aların had since been explained, and the inhabitants of all descriptions had recovered from their panic. With regard to the change of the habitancy of the province, and the increase of English Protestant loyalists that it contained; he was amazed the right honorable gentleman had not seen that such allegation was the very argument against him. Two years ago, the right honorable gentleman had said when the subject was. then agitated, " be patient-Sir Guy Carleton is gone out for information; when he returns, the subject shall be submitted to full discussion." The honorable gentleman has received from Sir Guy Carleton, (at present Lord Dorchester) all the information he could receive, and therefore he ought no longer to delay the consideration of the question. Mr. Sheridan declared that he had good authority for asserting that Lord Dorchester had not given the right honorable gentleman reason to expect farther information from him, nor had he any reason to expect farther information from him, or from any other quarter.

"He

Mr. Pitt begged to contradict Mr. Sheridan's assertionsnot only had reason to expect, but he actually did anticipate much farther information, through the medium of Lord Dorchester."

Mr. Sheridan said, will the right honorable gentleman produce Lord Dorchester's dispatches to prove the fact? I dare him to the proof.

Mr. Pitt declared that he would oppose the production of any such proof. The honorable gentleman had introduced a new species of argument in that house. If that mode of argument prevailed, it

would only be for a confident man to come forward boldly, and make a direct assertion; and on receiving a flat and peremptory denial, to challenge the production of private papers as the test of the faith in dispute.

Mr. Sheridan said; a moment's reflection had served to convince him, that the right honorable gentleman did not mean to use the word confident in the sense in which it at first struck him that he did, because he was satisfied the sort of confidence the right honorable gentleman approved was a confidence in fine promises and professions, where no reason was assigned nor any performance ever intended; and not a confidence in matter of fact, capable of proof, and desirous of meeting it. Mr. Sheridan contended that nothing could be more fair, after he had asserted as a fact, that which he had good authority to believe to be founded, and it had been denied by the right honorable gentleman to be a fact, than for him to call upon the right honorable gentleman to produce those parts of Lord Dorchester's dispatches, in which the noble lord gave the right honorable gentleman reason to expect that he should have further information to send him on the subject of the sort of government best adapted to the province of Canada. He was persuaded that Lord Dorchester had signified no such expectation; and he should still maintain his opinion, unless the right honorable gentleman would consent to bring proof to the contrary before the house. Mr. Sheridan added, that it peculiarly became a person of such notorious modesty and diffidence as the right honorable gentleman, to charge him with being confident and presumptuous, in daring to adhere to his assertion relative to a matter of fact, which the right honorable gentleman was not able to disprove.

The house divided on the question, “that the chairman leave the chair." Ayes 104; noes 39.

VOL. II.

MAY 20.

PROCEEDINGS AGAINST MR. HASTINGS.

pre

On the 21st of December, 1787, Mr. Burke observed to the house, that it would be necessary, before the sessions ended, that the house should take some step for binding Mr. Hastings to be forthcoming to answer the articles of impeachment which had been ferred against him. He therefore moved, "That Warren Hastings, Esq. be taken into the custody of the Serjeant-at-arms of that house." This motion was opposed by Mr. Nicholls, who stated, that upon referring to the journals in search of precedents, he found there were three several modes of proceeding, which had been adopted by the house, after they had prescribed articles of impeachment. The first was, to take the party impeached into the custody of their own Serjeant-at-arms; the second was, to desire the lords to take him into custody; the third was, to desire the lords to put him to answer. He thought the last was the mode they should adopt, as it would be extremely cruel to brand Mr. Hastings with a stigma in the face of his country, by suggesting an idea, that the house had reason to suspect him of an undue design of attempting to elude justice. Mr. Pitt and Mr. Burke replied, that upon a minute examination of precedents, and a consultation of persons in another place, it had been found, that the most regular and orderly mode of proceeding would be for that house to take Mr. Hastings into custody by their serjeant, and to deliver him to the lords. The motion was immediately agreed to; and the house being soon after informed that he was in the custody of the serjeant, Mr. Burke was directed to acquaint the lords with the same; and that he was ready to be delivered up to the Gentleman Usher of the Black Rod whenever their lordships thought proper. The message being delivered to the house, Lord Walsingham proposed Mr. Hastings should give 20,000l. -himself in 10,000l. and two sureties in 5,000l. each. He concluded by moving, that he should be forthwith taken into the custody of the black rod. This being done, Mr. Hastings was brought to the bar, and the different charges read. The Lord Chancellor then asked Mr. Hastings what he had to say in his defence. He answered- My Lords, I rely upon the justice of this house, and pray that I may be granted a copy of the charges, with a reasonable time to make my defence; and also, that I may be allowed counsel, and admitted to bail. These points being settled, Mr. Hastings was again called to the bar, and informed that one month was allowed him to make his answer to the charges. On the 13th of February, 1788, the trial commenced in Westminster Hall. The counsel who appeared for the defendant were Messrs. Law, Plumner, and Dallas. The assistant counsel for the Commons, Dr. Scott and Dr. Lawrence, Messrs. Mansfield, Pigott, Burke, and Douglas.

* Abstract of proceedings continued from that under Dec. 11.