therefore infifted on the propriety of demanding information of the views and intentions of the minifters.

Lord Loughborough expreffed his furprize at the irregularity of the converfation which had taken place No objection was made to the bill; but minifters were called upon to divulge their intentions on matters which were not before the houfe. There was an oppofition to the minifters, and not to the bill. The bill had two purposes in view: it confirmed the meaning of the legiflature in repealing the act of George I. concerning the dependency of Ireland; and it abandoned the appellant jurifdiction on the part of this country. The neceffity and the policy of the bill were admitted on every fide; yet explanations of it were preffingly demanded from the noble duke, who had just come into office, as if it was a meafure of his, and a fubject on which the houfe were uninformed The bill had originated in a former ministry; and by them the grounds and tendency of it could be beft illuftrated. Were the prafent minifters to find fenfe and reafon for their predeceffors? But after all, was not the bill fufficiently explanatory of itfelf? It carried its meaning and reafons on the face of it; and to effect any doubts about it could not confift with candour. What had paffed was but a fprout of oppofition: it had fprung up with the feafon, and would perish immediately.

The duke of Chandos declared that he would not give his fupport to an administration in which lord North had any fhare. He reprobated in ftrong language his lordfhip's conduct with regard to Ireland; and affirmed that his love of power was fo great, that rather than not mount the box of government, he had been contented to get up be

hind. The prefent minifters were objects of his difapprobation. They had a failed and taken by ftorm his majeft 's clofer; and in their strug- ́· gle to provide for their dependents they had torn frem about the perfon of their fovereign all his old friends and acquaintance.

Lord Carlile affirmed, that the charge of taking the king's closet by affault was a crimination of a moit ferious nature. It affected not only the prefent administration, but all who fupported them. Fortunately, however, it only refted upon a foli. tary affertion. It was a circum

ftance of which he knew nothing; unless indeed this strange interpretation could be applied to the refufing to fupport a miniftry who had determined the war in fo cruel a manner, that they had left a fting in the bofom of every man not deftitute of humanity. If that was to affault the clofet of the king, he for one pleaded guilty; but in reality not the flightest disrespect to the perfon of the firft magiftrate was either intended or offered. After fome farther, altercation the bill was com mitted.

In the house of commons Mr. Fox called for an attention to the affairs of America. He moved for liberty to bring in a "bill for preventing anymanifeft, certificate, or other document being required for any fhips. belonging to the United States of America, arriving from thence at any port of this kingdom, or upon entering or clearing out from any port of this kingdom for any port within the faid United States." This motion produced a short debate.

Mr Jenkinson did not difpute the propriety of opening an intercourie with America, by removing all the impediments to it which stood upon the ftatute book. But he imagined that the bill propofed by Mr. Fox D 4

would

would not be attended with fo powerful a confequence. The only poffible way of recovering the American trade was doubtless to deftray every obftruction and difficulty a gainst it. But the bill under deliberation not being equal to fo great a point, it would be wrong to proceed in it, as a new bill would be neceffary to fupply its deficiencies. He allowed that the principle of the bill was right; but concluded that there was a danger in the application of it; as an opening was left by the operation of which veffels affuming the name of American fhips might turn fmugglers, and convey uncustomed goods into every port in the kingdom.

Mr. Eden obferved, that the object to be kept in view was to gain by liberal, but prudent measures, as great a fhare as poffible of the Ameeican commerce. But the acts to be made for that purpose ought furely to be founded on the negociations to be concluded with America by the king's minifters, and no parliamentary anticipation ought to take place of the grounds of fuch negocfations. A mere repeal of restraints on the American trade would in fome refpects do too little, and in others too much. By attending to the first claufe of the navigation act, it would be found, that unlefs fome farther regulation was made, the fhips of the United States would remain excluded from our ports, as being American fhips, from territories not belonging to his majefty. In other inftances the mere repeal of restraints would operate too widely. Extenfive frauds and abufes might take place in the whole bufinefs of drawbacks and bounties; and the whole carrying trade to the Weft Indies would be opened to the United States. He therefore moved the following amendment upon the bill:

"And to give to his majefty, for a time to be limited, certain powers for the better carrying the said purposes into execution."

To this amendment, which had in view the facilitating of the Ame rican intercourfe, Mr. Fox had no objection. It was adopted accordingly; and the bill was brought in in its approved state. But April 15. in this condition it was not received with the most entire fatisfaction. For upon its being read a fecond time in the house, lord Sheffield expreffed his doubts and diffi culties. He was once of opinion that the adjustment of the American trade fhould be left to the negocia tions of the minifters; and that till a treaty of trade and intercourse could be concluded, certain powers of regulation fhould be intrusted to the king and council; but he had begun to entertain doubts of these politions. By the present bill the Americans were to be put upon a very advantageous footing. They were to be treated with the fame kindness as British fubjects. Now it might appear in future that the kindness fhewn to them was too extravagant; and thus a bar and difficulty would arife in the event of a treaty. For they would not naturally defcend from the height to which they had been mounted. He could fee no fatisfactory argument againft confidering the Americans at prefent as a foreign nation. bufinefs under difcuffion was too momentous to depend on the fpeculative whim of any individual; and ought to go to a committee of commerce. The principle of the navigation act fhould be kept entire; for the principle of that act was as dear to the country as Magna Charta. It was through the navigation act that we enjoyed the trade of the world. If we should alter that act

The

by

by permitting any state to trade with our islands, or by allowing any state to carry into the country any produce but its own, we should facrifice the marine of England.

Mr. Fox reminded the houfe that he had moved the bill originally for the purpose only of refcinding certain legal requifitions which could not be complied with under the prefent fituation of the country; and that he had admitted the claufe giving powers to the crown in deference to the fenfe of the house. The bill was to be confidered as a temporary measure, and adapted to the neceffity of opening an immediate inter

courfe with America. It was intended rather to remove obftacles. than to provide regulations. It was not at this moment in view to adjust a treaty of commerce between America and Great Britain. That was an object of future deliberation; and to wander into it now was most improper. In confequence of the management of Mr. Fox, the temporary nature of the bill was adverted to; and at length, upon the third reading, it paffed without any material alteration. In the houfe of peers

it was flightly oppofed, and was fuc cessful.

HE difturbed state of the ad

provinces of Bengal, Bahar, and Orifla, having called very forcibly the attention of the commons, they had appointed a felect committee to inquire into its ftate, and to confider how the British poffeffions in the Eaft Indies could be held and governed with the greatest security and advantage to this country, and by what means the happiness of the native inhabitants could be best promoted. In the profecution of the inquiries of this committee, it was difcovered, that mifmanagements of the concerns of the company were infinite; and that corruption, fraud, and injustice pervaded all the departments of their business and tranfactions. There are two views under which the concerns of India are to be

The

confidered: the one is external, and

Europe; the other is internal, and refers to the trade of the country in all the articles of produce and manufacture which furnish the company's investment. Under thefe different heads, abuses, the most extravagant have been pointed out with a clearness that admits not of hesitation or doubt. It had grown to be an object to the fervants of the company to opprefs the native inhabitants of the country by every poffible means. They monopolized every article of trade; and their chief principle of commerce was power. The court of directors, fen. fible of the wrongs which were com mitted, fent out inftructions; but these were generally disregarded, and were often injudicious. The

fyftema

fyftem of government established in India augmented the embarrassments of the company, and gave rife to grievances the most deftructive and ruinous. The delegated power by which India is governed, ought to have preferved the ftricteft obedience to the administration at home. But the direction or administration in India, being at fo great a distance from the feat of fupreme authority, being entrusted with the most ample powers, being expofed to the great eft temptations, and being poffeffed of endless means of abufe, it became corrupt in an extreme degree. Instead of being fubfervient to government at home, the adminiftration of India affected independence. It acted upon a fpirit of fyftematic difobedience; and the views and interefts of private men, not the prin ciples of commerce or of patriotifm, were the rules of conduct. Mr. Haftings feemed to have no defire of any kind to obey. His maxims were arbitrary. He treated with a fovereign contempt the authority of the court of directors; and the confufions produced by the difputes between them were fostered by the body of India proprietors, who were difpofed to act as a check upon the directors. Complaints might be made; but they could not be remedied; and diftruft, chicanery, oppreffion, rapacity, and infult, excited an agitation and ferment which threatened the overthrow of our confequence in the Eaft. Our authority there may be confidered as little better than a formality or a name, while the ftrength of Mr. Haftings is real and pofitive. The princes in India, and the native merchants, were exposed to an arm that was ftrong, and directed by motives the most felfish and unfcrupulous; and while the British power fuffered a degradation of its autho

rity, its name was heard with execration or terror.

The neceffity of new regulations in the government of India was ad mitted upon every fide. The lord advocate for Scotland accordingly brought into the house of commons a bill with this view. He informed the houfe that the affairs of India had long preffed upon his mind; and that his inducement to attend to them was to atchieve an advantage to his country. He had obferved the rife, progrefs and declenfion of the Afiatic empire. He had traced all our difafters in that country to their fource; and it was his opinion that a new fyftem must be drawn for the direction of India, adapted to the difpofitions and mode of thinking of its inhabitants. He felt, however, the inadequacy of his abilities to an object fo impor. tant; and his chief reliance for approbation was upon his industry.

His propofition had a reference to four great heads or branches. His firft head related to the government general of Bengal. He intended that a governor and council fhould have a controlling jurisdiction over the inferior prefidencies of India; and with regard to the governorgeneral he meant that he fhould be invested with a power to act even against the will and opinion of the council, whenever he fhould imagine that by fo doing he should be able to advance the public good. But as in these cases he exercifed the fole authority, he should retain the whole refponfibility upon himfelf. The fecond head of his plan regarded the inferior governments. In thefe it was not his meaning to beftow upon the governors a power of action in oppofition to the advice of the council; but he thought that they ought to be invetted with a negative on every propofition till an

applica

application fhould be made to the governor-general and council of Bengal. The third head of his bill refpected the zemindaries and other tenures of land. When Hindoftan had been conquered by the Moguls, a tribute was impofed upon the ze mindars; and, while they continued to pay this tribute, they accounted themfelves to be the real proprietors and masters of the foil. To the ryots they let out their zemindaries at ftipulated rents; and this clafs of men too, confidered themselves as fecure in their refpective poffeffions while they performed the articles of their compacts. These principles were folid, and had prevailed for a great length of time. But they had of late been infringed; and it came to be understood that the emperor of Hindoftan was the abfolute lord of the foil. This maxim he was in. clined to destroy, and to erect upon it another which would give a durability to the landholders in their te nures and territory. The fourth head of his bill referred to the rajah of Tanjore and the nabob of Arcot. It was an extreme grief to him that fo much pains had been taken to preferve in the mind of the latter, hopes and expectations of recovering certain territories from the former. It was also a matter of affliction to him that the fears of the former were industriously excited with regard to the lofs of territories to which he enjoyed a full and complete right under the fanction of treaties with the East India Company. On the foundation of thefe hopes and fears it was understood that many venal perfons were difpofed to operate, in order to accumulate fortunes. It was his defire, therefore, to disappoint them, by putting an end to the expectations of the nabob, and the fears of the rajah; by prefenting the latter with

the fecurity of an act of parliament for his poffeffions. He then stated the debts of thefe princes; and delivered it as his opinion, that they ought not to be enquired into with too much curiofity, as the greatest part of them had their rife in corruption.

It appeared to him to be decifively proper that governor, Haftings fhould be recalled; and that steps fhould be taken to prevent the court of proprietors from prefuming to act in contradiction to the fenfe of parliament. He thought that lord Cornwallis fhould be the person that ought to be fent to fupercede Mr. Haftings: his rank and birth were diftinguifhed; and he would leave behind him, as the pledge of his good conduct, his perfonal honour, and the honour of his ancestors. The fortune too, of this nobleman, being independent, he could not have it in view to repair his eftate by the fpoils of India; and from his profeffion he could add to the character of governor that of commander in chief. His integrity, his valour, his prudence, his patriotifm, and economy, would all qualify him to fuftain the highest station in India. He would not, however, infift that this nobleman's name fhould be filled up in the bill; as that matter would rest most properly with government.

Governor Johnftone could perceive nothing but inconfiftency and impropriety in the propofitions of the lord advocate; and while he endeavoured to throw a ridicule upon his lordship, he was ftrenuous in the defence of Mr. Haftings. He mentioned, to the honour of Mr. Haftings, that he had been able to conclude a peace with the Mahrattas; and while he enlarged on his talents for negociation, he admired the refources with which he had

fupplied