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would now prescribe to imprisonment were, would soon arrive-The reason he anticipated for twenty shillings, 20 days; forty thillings, those petitions was, that the House might 40 days. Another grievance was, that Com- justify its humanity and generosity in rescindmiffioners were appointed to try causes in ing such clauses as might, in their wisdom, thole Courts very lule qualified for the pur- appear impolitic. This Bill, he said, was pose, as they were but too often found to be productive of many mischiefs, as it subjected illiterate, and of course incompetent to the every man that came from India to be exsubject ; it would be his with, therefore, to amived on oath, with respect to the amount include the qualification of those Commis- of bis property :-it subjected him to intere tioners in his bill, which should require, rogatories, in case of suspicion; and in faithat each should pollets to the amount of 2ol. Jure of both, it held out a bigh price to inper annum in land, or 500l. in personal pro- formants-the father was called to betray the perty; and that he believed persons of this son-the son the father-and, after this oath, property might, if they refused to act as if any were so unfortunate as to have lent a fucli, be compelled by a writ of mandamus. sum that he did not recount, he was deemed

Mr. Baltard moved, that there be laid be- equally.cupable in the Bill--this was an infore the House an account of the several sums vitation to perjury, as the guilty would not expended, either by the King or the Public, stop at an oath, and interrogatories increased in bringing persons to justice and conviction, it. This Bill also deprived the Indian defince the first of January 1775, as far as they linquent of the inestimable privilege of being can be made up. He also moved, that an tried by jury. He observed, that the prinaccount of the names of all such persons as cipal evils complained of in India since the have been guilty of felonies, &c. be laid on year 1773, chiefly came from the power comthe table.

mitted to the hands of Mr. Hastings, who The Chancellor of the Exchequer said, that had the casting voice in the Council of four; many plans had been laid for the purpose of whereas, if it had been five, as before, there decreasing those disturbers of the public would have been less subject of complaint ; peace; but that, on examination, they had and concluded with moving, “ That leave be bitherio proved inadequate-that a plan, given to bring in a Bill to explain and amend however, was at present in agitation, which an Aệt made in the 24th year of the reign of promised to have the desired effect, but that his present Majesty, entitled, an Act for the transportation in the mean time would be better regulation and management of the af. very expensive.

fairs of the East-India Company, and of the The Chanc. of the Exchequer then moved, British poffeffions in India, and for establishthat all the papers relative io the finances of ing a Court of Judicature for the more this country be cominiled io a select Com- speedy and effe&tual trial of persons accused mittce,chosen by ballot, for their examination, of offences committed in the East-Indies." and report-to be printed, and then to lay Mr. Dundas owned, that he had not made upon the table for the opinion of the House, up his mind for this debate, as he expected that a proper lyttem may be formed for the that a fhort time would bring the subje& forfuture sources of this country, and a plan ward in a very full degree; that as to the deliberately and properly digetted for the complaint of being examined on cash, and gradual dilcharge of the public debe under then to reply to interrogatories, was nothing which this kingdom labours.

new-it was common in cases of bankrupicy, Mr. Fox faid, he acceded to the motion where life was concerned ; and as to the with chcarfulner, as it perfectly coincided challenging a jury, it was well known a with a similar moiion of his when he last lat special jury is not challenged; and that when in office.

the trial relative to Lord Pigot was going on The Chancellor of the Exchequer seemed in the King's Bench, he heard many geoteto think, that it would not be found similar men conversant in India affairs wonder that to his (Mr. Fox), as the sinking sund was not it was conducted by jury-that impeachment the object Mr. Fox had in vicw.

was not a trial by jury, and yet an Hon. Mr. Francis, in a morion for the amend- Gentleman (Mr. Búrke) preferred it; and if ment of Mr. Pitt's East-India Bill, with Mr. Hastings goes up to the House of Lords, respect to the juridical part of it, expatiated he cannot peremptorily challenge one of on the disadvantages he lay under with relpect them. It is true he had heard of commo. to ability, in bringing forward an object of tions and meetings in India, but believed such in goitude, and the prejudice and power they were exaggerated; however, as he inhe had to contend wich, which he hoped tended in a short time to apply his thoughts would give way to the cause of humanity more particularly to this lubject, he should and truth-He obierved, that the Hon. Gen- fay very little more at preieni. Demon's bill was attended, in point of judi- Mr. Jolliffe and Mr. Anftruther said a few calure, with many evil consequences--that, words, after which the previous question was instead of being received with open arms in puc and carried without a divilion. -AdIndia, it liad given rise to inquietude - to journed. meirings and politions, that he believed

Maxcx 8.


accused, on the other hand, such as may A new writ was ordered for the election feein to invalidate it. Thus the business will of a member for the borough of Chipping. be expedited, as the one will be a fpur to Wycombe, in the county of Bucks, in the the vigilance of the ottier ; in consequence of tooin of Lord Viscount Mahon, now be- which Mr. Francis's motion passed witho come Earl Stanhope, by the death of the late a diviGon. Earl bis !ather, and as such called up to the Mr. Marham moved, to extend the prinHouse of Peers.

ciple of Mr. Crewe's bill to the ordnance The House then proceeded to ballot for and navy, ir. order to secure the freedom of the Committee moved for yesterday by the election, by debilitating the suffrages of Chancellor of the Exchequer, to take into certain officers in those departments. confideration the various papers that had Mr. Honeywood seconded the motion, been laid upon the table, relative to the state from a conviction of its utility, and the of the public revenne and expenditure. The general wish of his constituents to have ic House was called over by the clerk; and carried into execution. It was unanimoully each member present, on hearing his name agreed to. mentioned, went up to the table, and put

Adjourned. into a glass a list of nine members, the num

MARCH 10. ber of which the committee is to confift. Mr. Francis moved, that the copies of lesen When all the lists were in the glass, the ters relative to the affair of Benares, from House appointed a Committee of scrutineers the Court of Directors to Mr. Hastings, with 10 examine them, and report who are the his answers thereto, be printed for the nine members who have the majority on the use of the members. The motion was seballot.

conded ; af:er which a short conversation The following is a list of the Commitee

took place. The motion, however, was chofen:

agreed to. Right Hon. William W.Wilberforce, Esq. The House resolved itself into a Com

Wyndham Grenville John Call, Esq. mittee on the militia bill, Mr. Neville in
Lord Graham Henry Beaufoy, Esq. the chair.
Hon. Ed. ja. Eliott, H. Addington, Esq. The clause being read for calling out the
George Rose, Esq. 1 John Smyth, Esq. militia once every year, the Chancellor of

the Exchequer rose to give his sentiments The Speaker requested, that the knights relative to this regulation. He was, he said, of the thire, &c. would prepare lifts against a friend to the principle of the bill, because this day forenight, of such persons as might it was exceedingly necessary for the contiappear qualified, in their opinion, io take up- nuance of a militia. He was of opinion on them the office of land-iax commissioners. however, that he should be waiting in his

Mr. Francis, in the absence of Mr. Burke, dutv if he did not use his endeavours to rena moved, that certain papers, previons to the der it useful to the state at the heall expence general selection of those already moved for, 10 the country; though he did not wish to relative to the correspondence betwixt Mr. push the arguinent of aconoiny to a rigid Hastings and Mr. Devaynes be immediately extreme in a matter of such importance. printed, particularly a letter from Mr. Haf. He was much obliged to those gentlemen tings in 1784, for the use of the members of who had zealously supported him. He that House, in order to enable bis honourable would press what he had to say with diffi. Friend to proceed, without delay, in his dence. If it did not ineet with the conimpeachmeni.

currence of the Committee, he wouli very The Chancellor of the Exchequer thought cordially agree to the modification of it in it more eligible to wait till the whole should what manner they might judge to be belt. be printed, that the subject might côme more In reatoning on this point, he might argue folly before the House ; that proper referen. with propriety from the discipline and rees might be made, and inferences drawn, gulation of the regular forces. In time of in to complicated a subject: as he did not peace it was well known that no regiment with, however, to step forward as the volun. inuítered more than two-thirds of their war tary advocate of Mr. Hastings, he hoped complement. Something of the fame nature forae friend of his would give their opinion might obtain in the militia. He would proon the proposition.

pole, that the whole should be ballotted for Major Scott obje&ted to this particular and mustered ; and if two-thirds of the commode of proceeding, as a particular paper plement in time of peace were called o'it and thus selected from the general mals, might disciplined, is would antwer every purpose induce an unfavourable impression with re. that might be required. spect to Mr. Hastings; and first impresions instead of 130,000). annual expence to the were not cafily craled; it would allo, in his nation, 90,000l. would only be incurred. opinion, protract the business.

This forined a consideration which merited Mr. Francis thought otherwise. Let the attention.

He concluded with moving a accuser, said he, select such papers as may claute to be inserted for the above purpose. Scein to strengthen the accusation; and the This proposal gave scope to a converlacion

In this manner,



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of some length, in which the same argu. fubjected to trial by Court Martial ;" which ments were urged which had been used in was agreed to. the preceding Atag 's of this subject. We Mr. Francis observed, that matters of the Dall therefore state them as short as posli- greatest importance were likely to engage ble.

the attention of the House about the same Mr. Pite spoke in favour of the clause for period. These were the objects of finance, an annual militia.

the explanation and amendment of the India Mr. Rolle thought, that calling out the act, and the impeachment of Warren Halmilitia every year might be deltructive in tings, Elg. He confidered each of thele many respects to the manners and principles points as meriting the attention of the House. of the people. It would depress the spirit of He thought they therefore justified a motion industry, and promote that of indolence. for a call of it, and moved, that the Houle Amongst the lower classes of people, it was be called over that day fortnight. well known that those who had been long The Chancellor of the Exchequer could accustomed to a military life, feel much re- not help remarking some sort of inconaftenluctance to return to labour.

cy in the Hon. Member who had made the Capt. Berkley thought that the measure motion. When he had moved himself for proposed, of calling the militia out yearly a repeal of the India bill, he had not confia would be of great national ntility. He dered a call of the House to be necessary; hoped that only iwo-thirds would be callcd but now, when this act was only agreeable out in time of peace, and that the evil of the to the ratification given to be explained and fame substitute ferving in different regiments amended, he conceived a call of the House would be prevented.

to be most indispensably requisite. He Sir John Miller contended very zealously could not easily account for this variety of in favour of the militia. He had been in conduct in the Right Hon. Gentleman. The Germany in 1761 ; he had seen the German matter to which Mr. Burke bad directed the Jines at that time, which were reckoned the attention of the House, seemed to him to be finest in Europe; he had seen the militia of of great importance, and to justify, in some England during the late war; and from bis refpe&ts, the motion under contemplation. own military observation he was of opinion, If he should have matters ir such forwardthat the la:ter looked as well as the former. ness, as to be able to submit them to the disHe went into a minute detail of the historycussion of the House about the time the call of the militia from the reign of King Al- was intended, he would not oppose the mofred. From this historical deduction he en- tion. At the same time he would reserve deavoured to illustrate the importance of the the right to himself of bringing forward in militia. He concluded with giving his af- the mean time any matter of finance, as a sent to the amendment proposed by the public concern, notwithstanding his concure Chancellor of the Exchiquer.

rence in the motion for the call. Sir Ed. Altley was of opinion, that the Major Scott had only four papers to call discipline of the militia in time of peace was for relative to Mr. Hallings, which would by no means adequate to their being properly occahon no delay. He hoped some assurance formed, as to their object in time of State would be given by Mr. Burke of bringing r.ecessicy. He was however of opinion, that forward his impcachment about the period they should be called out once in three years, of the proposed call. and exerciled for a confiderable length of Mr. Burke declared, that the going thro' time.

a period of 13 years, collecting the facts Mr. Powney applauded the sermon on relative to the lubject during that time, and morality that had been preached by the Hon. arranging them in form of a charge, was no Member for Devon hire (Mr. Rille). He matter of easy accomplishment. He would, differed, however, from the Hon. Member, however, fix the period for this business for as he conceived the profligacy of the milicia this day three weeks. On that day be was exceedingly useful in the view of general would move the House to resolve itfell into population.

a committee on the charges against Mr. HalMessrs. Drake, Yonge, and others spoke; tings. The names of the witnesses to be adwhen the amendmeme was put, and carried duced on the trial, he would itate to-mor. without a divilion. - The House was then resumed, after which it was adjourncd.

The Chancellor of the Exchequer, conMARCH 13

ceiving this to be sufficient reason for delayThe Select Committee on the Seaford ing a call of the House, proposed un amendelection reported, that the elction was ment, that, instead of " this day fortnight," deemed void, and a new writ was ordered the words “ to-morrow three weeks" be

inserted; which was agreed to. In a committee on the mutiny bill, The

MARCH 14. Secretary at War moved, that a clause be in- The House were to bave balloted for a serted, “ that all officers by brevci should be commilice to try the merits of a petition,





complaining of an undue ele&ion for the The Hon. Genileman contended, that if cảy of Bristol, but there not being a suffici- there was a necessity for the claule, it origiene number of Members present, the Speaker nated in the neglect of Government; there adjourned till to-morrow.

certainly was a reinedy to be applied, withMARCH 15.

out introducing a dangerous claule, at preThe House made a second attempt to get sent unknown to the constitution. The a balloc for the Bristol election periti' n, but great and leading principle laid down by at the hour appointed for locking the House That House, was, that the legillative branch door, upon counting heads leventy only ap- of Goveroinent always retained ihe power peared within the walls; the House then of controuling the army; and for that puradjourned itself of course.

pofc the supplies were voted annually; iho MARCH 16.

it might happen, the Hon. Genileman conBalloted for a committee to try the me- tended, that troops might be railed in this rits of the petition of George Daubeney, country, which were not paid by that House, Efq. complaining of an undue election for yet nevertheless, under the pritent clause, Brifol.

such troops would be under unlitary law, Mr. Neville brought up the report of the which would be throwing the power out of Mutiny Bill. When the additional clause, the hands of the legislative, and placing it ia wbich releies to brevet officers, and those the executive branch of the constitution. who hold rank without pay, was read,

Gencral Burgøyne alerted, that ihe cirCol. Faiz patrick got up, and defired to cumstance ftated by the Secretary at War, know on what ground this new clause was was now and improbable. In the course of introduced. This occafioned a conversation his experience he had never known an inof some length

fiance of the kind. Sir George Yonge, the Secretary at War, The Chancellor of the Exchequer allowimmediately itated the particulars which he ed, that the clause was entirely new, but had laid before the Committee, at the in- the cause which gave it birch was also new. troduction of the clause, viz. that officers by He then instanced the case of General Ross, brevet, and those on half pay, might, as which was referred to the three Chiets of the laws now stand, take the command, and the Courts below, one of whom gave his not being included in the Mutiny Bill, they opinion that the General uas amenable, a were not liable to be tried by a Court Maro second that he was not, and a third, after a tial, whatever might be their conduct, even considerable time fpent in deliberation, fic if they thould incite the troops to a revolt. nally determined, that the General was not The recent cale of General Ross, in which liable to be tried by a Court Martial. Unthe judges had determined, that, under the der this dcterminatior, that officers by breabove circumstances, that officer was not vet, those on halt-pay, and those who beld liable to military law, bad rendered the rank without pay, were not fubject to the clause absolutely necessary..

same regulations as the rest of the army, Colonel Fitzpatrick again rose, and de- although they were intitled to superlede in. clared, that the principle of the clause was ferior officers, the clause had been brought altogether novel; it was an extent of the up. The Right Hon. Gentleman declared, military code of law, which ought to be that if there had been the leatt idca of inlooked upon by that House with a very ful- troducing a wanton extention of Military picious eye. The Hon. Gentleman did by Law, he should be to the full as jealous as do means allow that the House Thould inter- any Hon. Meinber of that House; but the tere, as it was entirely in the power of Go- present clause did not bear the lealt appear. veroment to remedy the evil complained of, ance of that kind. without a needless extension of the powers

Mr. Fox defired to know if the power of the Mutiny Bill.

contained in the claufe was ablolu:ely neSir George Yonge said, he had given the cessary. It by no means truck him that it House very fufficient notice ; that the bill Refore the House gave way to any had been postponed a considerable time, in new and extraordinary power being velted order to propose the clause.

in the military, they would do well to reMr. Francis wished to have a clear and collect, " that the military laws, nay the ardistinct reason for the inıroduction of the my itself, was not a part of the constitution, clause. He knew but of one Gituation in but an exception to it.” “The honourable which the circumitance alluded to could Gentleman could by no means be brought huppen, and that was in the army in the to acccde to a clause, the extent and effect Łalt-Indies. Tht Hon. Gentleman cautioned of which he could not torcsee. If, indeed, tie House to be exceedingly careful how they any trong circumllance should bappen that luffered any new and exiraordinary innova- could jultify the proceeding, then, and not tion leading to extend military laws. For till then, he should give his afTent. his own pari, he must have very convincing Mr. Pilt obferved, that it was not a cirrcalons, bclore he gave his asleni.

cumstance that might happen, but that had Mr. Sheridan wilhed to see a precedent. actually happened, which induced him to




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Support the clause. It would be dangerous, “ explained, and fuch a part of a bill me he said, for one part of the army to be under " be amended.” In short, the honourable military law, and another not.

Gentleinen had such happy talents of exThe gallery was cleared, and the House plaining and reconciling their former condivided, for receiving ihe clause,

duct, and accounting for their incontittenAyes


cies, that he muit delire the right honourNoes


able Gentleman would give him the whole

of his intended measures at once, otherwise 60

the same methods would moit likely be used Mr. Dundas moved for leave to bring in in a short time to explain away and amenu a bill to explain and amend the Judicature the very principles they were now adopting. bill. The right honourable Gentleman faid, The honourable Gentleman now plainiy he hould not at present go into the minutiæ, discovered why his Majesty did not touch but briefly state the general principles of the upon India atfairs in his lait speech, because bill. This he thould do under separate the system was considered as permaneat. heads :

Indeed the Right Hon. Chancellor of the The first and second related to the regula- Exchequer had, upon a former occafion, tion of the Council-Board in India.

declared himself to that eficêt; but now, The third which required a consideration in less than two months, this per mancative was, whether the Governor-General of Ben- tem, that was to reduce all India to order gal ought to be one of the Council. He and regularity, and restrain every species of Ihould at present leave this open.

abuse, was to be utterly explained and done By the fourth, a very exiensive power was

away!!! intended to be vested in the Governor Gene- No reply being made, the question was vəl, by which he was to controul and super- put, and leave was given to bring in the icde, upon occasion, the determination of bill. the Council

Mr. Francis then made the following moThe fifth head of his intended bill went tion : “ That it be an indtruction to the gerto ellablith a system of rotation in the ap- tlemen who are appointed to bring in the pointment of officers, so that persons sent faid bill, that in preparing the same, they from this country should not be placed over do never lose right of the effect which any the heads of those deserving officers who measure to be adopted for the good governwere already in India, and who had served ment of our pofieifions in India may have with punctuality and fidelity.

on our constitution, and dearest interests at The fixth was intended to make a very home ; particularly that in amending the material alteration in the claule of the pre- faid Aet they do take care that no part tent bill, by which gentlemen upon their thereof shall be confirmed or re-enacted by Icturn from India were obliged to make a which the unalienable birthright of every dilelosure of their effects, and to point out British subject to a trial by jury, as do the manner in which their priperly was ap- clared in Magna Charta, thall be iaken away propriated. The principle would be re- or impaired." tained, but the publicity with which it was The question was immediately put withaccompanied would be utterly extinguished. out any dcbaie, when the House divided, Sevenibly, and l: Atly, the ballot for the

16 Supreme Court of Cootroul, within thirty Noes,

85 days after meet ng of Parliament by two Majority again the motion, 69 bundred members, was to be altered, he The report of the Committee on the Shop hoped much to the case and faiistaction of

tax being brought up, the House. He meant to r:lain the number Mr. Fox addressed the House, pursuant tɔ of members, and the time of coling the the initsections he received from a respeceballot; but the balluting box was to be ble meeting of the shopkeepers of the meopend a confiderabie number of days prie tropolis. These people have taken into cenvious to the final close on the thirtieth day. lideration the modifications proposed by the By this means the difficulty of obtaining Chancellor of the Exchequer. These moda Houle confifting of two hundred mem- fications were so nugatory and inadequate bers of the Commons, and stry inembers to the desires of the shopkeepers, that they of the House of Peers, would be obviated. afforded no relief for the grievances of which The riglie honourable Member would not they complained. The abatem ents propoled troubl the lioule any íurther, than to ask did not in any degree remove the complain's leave to bring in his bill.

agripit the partiality of the lax, wbicb was Air. Sheridan was exceedingly pleasant in itself iniquitous and unjutt The petitionupon the grace and case with woich the ho

ers. againit it had supported their allega. nourable Gentlemen upon the Treasury-Bench tions, that it fuf fall personally (o the reovercame every difficulty, and corrected tailor, who could not hirakli by their b.unders"luch a thing was wrong, laving it on che coniunc. The pro's and «s luch a circumstance was ucillary to be arguments which were obered Loshe Home



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