formed not to know, that the dispatch was words. As to the powers of the conimisthat of the commissioners of the board of sioners of controul, and the court of direccontroul, and not of those who signed it, tors, he had, when the bill was brought who could only act as the official and regu-into the house in 1784, by Mr. Dundas, lar agents on the occasion. As to all the particularly reprobated the absurdity and other subjects descanted on, they would inconsistency which, even according to remain for future consideration; and, be the present statement of the noble lord only rose, for the purpose of rectifying (Castlereagh) it clearly involved. He was the mistake of the hon. gent., as to that not talking of the law as it was now, one particular fact. only mentioning what opinion he had given, when it was a bill. What did it enact? Why, that the ostensible power should be first in 24 directors, next in three persons chosen from these as a secret committee, but that in fact it should be in neither.

but

Mr. Paull explained, that what he stated to have excited his surprise, was, that the noble lord should call for such a paper, after he was fully apprised that the court of directors had protested against it. Lord Castlereagh rejoined, in explana-A controul might be necessary, and it tion, that what he called for, was the dispatch of those to whom responsibility attached, which was not the case with the gentlemen who signed it.

might perhaps be proper sometimes to supersede the orders of the directors, but the absurdity was, that the secret com mittee, after giving one dispatch as that Mr. Hiley Addington said, that the hon. which they approved, might afterwards be gent. might have saved himself much compelled to sign one diametrically the trouble, and the house a good deal of time, reverse, and one which they abhorred. As had he merely moved for the papers into their protests, these were not known; question, without entering into such a long and their authority was thus given to preliminary detail on the subject. He measures, of which, in the most positive had not the slightest wish to oppose the production of the papers; neither should he say one word on the subject of the charges that had been advanced. He should only request the house to keep themselves free from every bias that might be produced by what had been said, and to sacrifice some time in investigating the documents now moved for.

manner, they disapproved. Hence the ruinous situation to which our India possessions were reduced, and the degradation of the court of directors. Now, as to the appeal to him, if he wished to be silent he might do as the hon. gent. did to whom he formerly alluded, (Mr. Sheridan.) that is, stay away while his duty required he should be present.-[The speaker reminded the hon. gent., that it was irregular to bring charges against a member who was absent.]-Mr. Francis, in conti

Mr. Whitshed Keene thought, that in the management of an immense empire like India, it was possible that a governor-general might, for the salvation of the coun-nuation, observed, that he charged him try, be obliged, in some instance or an- with nothing but staying away, he believed other, to violate the strict letter of the his opinions remained unaltered, and he law, and yet deserve the thanks of the would surely come sometime to support country. He had himself been 38 years a them. When the hon. gent. (Mr. Paull) member of parliament; he had heard al- consulted him about this business, he had most every thing that had been said rather discouraged him from going on with in that house upon the affairs of In-it. It would do him no good but if he dia, and had read all the documents that was satisfied with that reward which every had been printed; and he thought that no honest mind must feel in doing his duty, member was qualified to vote a censure on he would have that and no other. He the governor-general for any particular would experience desertion-perhaps he transaction, without having studied very much in detail the whole system of the Indian administration, and the various treaties which were contracted with the native powers, and also the manner in which those treaties were observed by the native_powers.

Mr. Francis said, that the particular appeal made to him, justified him in saying a few

could not say desertion, as he had not been encouraged, but he would not be supported. As to his own speech, it would not become him to say any thing in praise of it, but the more he thought on the subject, the more he believed what he there stated to be true, and he confessed that it contained charges of a very high nature. His right hon. friend (Mr. Fox) had approved of it,

and had declared it to be unanswerable. impeachment. This he did not mean to In that speech he never mentioned a wish deny. But he and his hon. friend had a to impeach lord Wellesley-but if that great deal of experience on this subject. speech were unanswerable, he certainly This was certainly not a proper time for ought to be impeached. It might be asked, enquiry. He (Mr. Fox) acted as he found why he did not proceed upon these char-it necessary to do, with respect to systems ges?-that was not his object. His design in Europe. About these systems there was to have lord Wellesley recalled and might be, and, no doubt, there often was, another system adopted, but he at the a great deal of error in judgment. He same time thought that there were sufficient might disapprove of, and strongly oppose grounds of impeachment against that no- them; and, if he could accomplish bleman. His object was in some measure his object, which was the destruction of answered, when lord Cornwallis was sent these systems, he would certainly not alto India; and as to the impeachment of ways think it necessary to resort to enquilord Wellesley, he did not proceed with ries. That was his opinion generally, that, partly because he was not equal to though, undoubtedly, there might be exsuch a task, and partly because he had little ceptions to the general rule. If this rule hopes of having efficient support. was proper with respect to all executive Mr. Secretary Fox begged leave to trou-governments, it was particularly so with ble the house with a few words, in answer regard to India. Now, that he ought to to what had fallen from his hon. friend. bring a regular charge in all instances His hon. friend near him seemed to hint, where he disapproved of a particular systhat he (Mr. Fox) and others who agreed tem of conduct, was a conclusion to which with him, had, in opposition to their for he could by no means assent. Impeachmer conduct, wished to disparage this pro- ment was a bad mode of proceeding, exceeding, and to throw obstacles in the way. cept in particular cases; and certainly it There was not the smallest foundation for was not advisable to adopt it with regard such suspicions, nor were there any grounds to a governor-general of India merely on whatever for arraigning his conduct on account of his system. One hon. gent. that head. As to the speech of his hon. had said, that all these papers ought to be friend (Mr. Francis), he had undoubtedly examined by every member of this house, said, that it was unanswerable; not mean- before he voted on this question. This, ing to make this broad assertion absolutely, perhaps, might, when they were very vobut because, in fact, no attempt had ever luminous, be, in some instances, inconpabeen made to answer it. He approved of tible with other duties; but he believed it certainly, altogether, and partly, perhaps, that in cases where the necessity was not for this reason among others, that there great, it was possible that such chargés his hon, friend had professed to drop all might be brought forward rather with a idea of proceeding to an impeachment. view to the popularity which they might Yet it was rather hard that he should think acquire, than from any bopes of ultimate suc it incumbent on those who thought that cess. He had approved highly of his hon. there was a great deal of blame somewhere, friend's speech, and the more so as he had and that a bad system had been pursued, disclaimed any idea of a charge of imto support an impeachment or any motion peachment. He did not say that impeach for criminal proceedings. He totally dis-ment ought in all cases to be abandoned; claimed any such idea. It might happen but he really was of opinion, that if it were that a person might disapprove a bad sys- often to be resorted to, it would, from its tem without being committed to support a difficulties, be soon given up in despair, criminal charge. When a bad system of and impunity might thus be procured for government prevailed, the best mode of almost all sorts of crimes and misdemea. remedying this was not, in general, by in-nours committed by a governor-general of peaching an individual. The object was, India. As to desertion, he certainly could to remove the person who carried on such not be said to desert a person whom he a system, and to take care that none such bad never encouraged; but since the trial should be acted upon in future; and, this of Mr. Hastings, they might say, if they being obtained, it might often be inexpedi- pleased, that he shrunk from all India iment to carry the matter any farther. But, peachments, or flew from them, or any at the same time, there might be particular worse term might be used, if a worse acts, of so enormous a kind as to call for could be found. To this he would make VOL. VI.

3 F

Mr. H. Addington desired to know, whe

Mr. Paull replied, that if the house should agree to his motion for laying the charge on the table, he should move to have it, taken into consideration on a future day. He proposed to move for documents in support of it, and evidence to be taken at the bar, but not till the house should first decide whether they contained impeachable matter. On Friday, he proposed to bring forward his two next charges relative to disobedience of orders, and the assumption of rights contrary to law, which he should follow up by moving, that they be taken into consideration on a subsequent day.

no answer. But so far was be from deser- Mr. Paull said, he did not undertake ving the insinuation which had been thrown this cause with a view to popularity, but out against him, of having altered his opi- merely from a sense of duty. It was his nion with his situation, that the only rea- intention to follow the precedents he had son why he was present at this debate before him with respect to Mr. Hastings. at all, was, the very circumstance of that He meant, on Tuesday, to produce his change. He scarcely ever attended these charge, and move to lay it on the table; discussions before, since Mr. Hastings's and, that a future day should be then fixed, impeachment. He had, indeed, attended at to take it into consideration. Mr. Burke the delivery of the speech of his hon. friend, had laid his first charge against Mr. Hastbut that was merely a matter of courtesy ings on the table, on the 5th of April, aud to him. It was now his duty, however, to it was not taken into consideration till the attend to all these discussions. It was, in- 8th of June. The hon. gent. expressed deed, the duty of every member of parlia-his thanks to the right hon. secretary, for the ment, but in a peculiar manner that of a candid and liberal manner in which he had 'person in his situation, and if he did not conducted himself. do it, his conduct might be liable to the worst construction. He did attend, there-ther it was the intention of the hon gent. fore, and delivered his opinion with more to move for any documents to support his freedom than he would otherwise have charge, when it should be laid on the table? done, for then he would probably have said nothing. The hon. gent. (Mr. Paull) had given notice of a charge which he intended to bring forward on Tuesday. He would, in the interval, acquaint himself with the subject, as far as lay in his power, and give his opinion of what was the most proper mode of proceeding. The hon. gent, had read a great deal from the debates that took place relative to the trial of Mr. Ilastings, and was in his opinion very properly called to order by his noble friend (Temple). He had 'looked very little into these debates, but what he had seen of them was exceedingly inaccurate, and often the very reverse of what had been said. The mode of proceeding, by bringing charge after charge, had been, upon the whole, the mode which Mr. Burke, himself, and others, thought best on the impeachment of Mr. Hastings. If that mode was the best, in the present instance it might be adopted. But, while he spoke of the most proper mode, it must not be therefore understood that he agreed in the propriety of impeachment at all. As to his opinions, he did not see why he was to be so much distrusted because he did not on every occasion volunteer his notions. It was very difficult to proceed properly in a criminal case before the house, as uo hohest man would wish in such an affair to use any other influence except what might be derived from his argument; and, if this was the case, was it not better to wait till the whole matter was before the house, than to sound a trumpet in every stage of the business? This certainly would not be his conduct, nor could it be the wish of any one who was anxious only that substantial justice should be done.

Mr. Grant observed, that in the general the opinion of the court of directors prevailed. He thought that the system of checks was the best system for India affairs. The board of controul was a check on the court of directors, and they on the other hand were a check on the board of controul. When differences on grave subjects prevailed, it was material that the opinions of all the parties should be brought under consideration. If the house entertained the question, it should sift it to the bottom, with a view to obtain substantial justice to all the parties.

Mr. Johnstone said, it appeared clearly that the opinions of the directors were totally overruled by the board of controul, and the treaties with the Vizier, with Oude, and the Nizam, were convincing proofs of it. His sentiments, with regard to the affairs of India, were still the same as they had ever been; but instead of pressing questions regarding impeachments, be thought the house would do better to adopt resolutions, which might in future

prevent transactions, such as had passed within the last 3 years.

[SLAVE IMPORTATION BILL.] On the motion for the second reading of this bill, General Gascoyne, disapproved of the principle of the bill altogether, and asked whether counsel might not be heard against it at a future stage; and was informed by the speaker that they might.

Sir W. Young approved of the principle of the bill, which he considered as a boon to the West-India merchants, and stated that he had been at a numerous meeting of London merchants, where a majority had agreed with him.

SIA.] Lord Grenville presented the following message from his majesty:

"G. R. His majesty thinks it proper to acquaint the house of lords, that he has found himself under the necessity of withdrawing his ministers from the court of Berlin, and of adopting provisionally mea

His

Mr. W. Smith having understood, that he had had the misfortune of falling under the censure of his hon. friend (Mr. Francis, see p. 800), on a former day for a temporary absence, and having heard the same censure repeated against a right hon. gent.sures of just retaliation against the com(Mr. Sheridan) this day, rose to state, for merce and navigation of Prussia. the consolation of his hon. friend and the maj. deeply regrets this extension and aghouse, that his absence had in part been gravation of calamities, already so severely occasioned, in the former instance, by his felt by the nations of the continent, whose waiting on that hon. friend, to ascertain independence and prosperity he has never the part he meant to take on the occasion, ceased to consider as intimately connected and that his right hon. friend remained of with those of his own people. But meahis former opinion, and would attend in sures of direct hostility, deliberately adopthis place whenever the subject should be ed against him, have left him no alternabrought forward. The several motions tive. In a moment of confidential interwere then agreed to. course, without even the pretence of any cause of complaint, forcible possession has been taken by Prussia of his maj.'s electoral dominions. Deeply as this event affected the interests of this kingdom, his maj. chose, nevertheless, to forbear, on this painful occasion, all recourse to the tried and affectionate attachment of his British subjects. He remonstrated, by amicable negociation, against the injury he had sustained, and rested his claim for reparation on the moderation of his conduct, on the justice of his representation, and on the common interest which Prussia herself must ultimately feel, to resist a system destructive of the security of all legitimate possession. But when, instead of receiving assurances conformable to this just expectation, his maj. was informed that the determination had been taken of excluding, by force, the vessels and the commodities of this kingdom from ports and countries under the lawful dominion, or forcible controul of Prussia; his maj. could no longer delay to act without neglecting the first duty which he owes to his people. The dignity of his crown, and the interests of his subjects, equally forbid his acquiescing in this open and unprovoked aggression. He has no doubt of the full support of his parliament, in vindicating the honour of the British flag, and the freedom of the British navigation; and he will look with anxious expectation to that moment, when a more dignified and enlightened policy, on the part of Prussia, shall remove every impediment to the renewal of peace and friendship with a power with whom his maj. has no other cause of difference than that now crea ed by these hostile acts."

General Gascoyne again rose, and was called to order by Mr. Wilberforce; but being informed by the speaker that he was in order, he proceeded to state that, in his opinion, this bill was a scheme indirectly to abolish the slave trade, which could not be done in an open and direct manner.

Sir IV. Curtis thought the slave trade an evil that could not be remedied, but he never purchased a slave himself. He heard nothing of the meeting of merchants adverted to by the hon. baronet.

Mr. Brooke approved the principle of the bill, which he considered as beneficial to the West-India merchants.-The bill was then read a 2d time.

HOUSE OF LORDS.

Monday, April 21. [MINUTES.] The royal assent was given by commission to the 20 Millions loan bill, the Irish Treasury bills bill, the Irish Militia Service bill, the Cape of Good Hope Trade bill, and the British Fishery bills.The earl of Kinnoul was sworn, and took his seat, as baron Hay, on his lordship's attaining his majority.

[KING'S MESSAGE RESPECTING PRUS

The message having been read, lord

Grenville moved, that it should be taken into consideration on Wednesday, and that the lords be summoned for that day. Ordered. His lordship presented, by his majesty's command, certain papers respecting Prussia.

intended to adopt was to propose certain resolutions, upon which, in the ensuing session, a bill might be founded; but which, in the mean time, might go forth to the public, and receive all that consideration which their importance deserved, and particularly from the Scottish bar, from whose talents many advantageous suggestions might be expected. His lordship concluded by giving notice, that he should bring forward some motion on the subject on Monday se'nnight, although he would not pledge himself as to the parti cular day, and moved that the lords be summoned for that day.

The Duke of Montrose expressed in the strongest terms, the infinite satisfaction he felt, in finding that a measure of such consequence was taken up by a noble lord for whom he entertained such high esteem, and whose talents were so adequate to the undertaking and success of measures of such size and consequence; and he was confident he might safely venture to assert, that the noble lord would have the sincere and unanimous thanks of the whole coun try, for whose benefit he had so generously undertaken it.

[ADMINISTRATION OF JUSTICE IN SCOTLAND.] Lord Grenville said, he rose to give notice on a subject of considerable importance to a great number of his maj.'s subjects, and also to that house, with respect to a part of its proceedings. He alluded to the Administration of Justice in Scotland, with respect to the forms of which, he believed, it was the opinion of the bar in that country, and the general opinion, that an alteration might be made with great advantage to all those who were suitors in the courts. Far was it from him to say that the system of legal proceedings in Scotland was not one wisely established, but, in the lapse of time, it had become, in some of its parts, inferior to the system established in England, which had stood the test of so many ages, and which still retained all its original beauty and purity. Far was it from him to say, that the laws of Scotland were not administered with the greatest purity. There was, however, one [AMERICAN INTERCOURSE BILL.] Lord consideration of the greatest importance, Holland said, he had to apologise, that the namely, that justice ought to be spee- bill upon this subject was not yet in perfect dily administered, otherwise, in many readiness to be laid before their lordships; cases, it ceased to be justice. Their but its main object was to enable his malordships had taken upon themselves jesty in council to grant certain powers to to be a court of dernier resort for all the governors of those islands to regulate parts of the united kingdom, to the ex- that intercourse, as far as it regarded the ecution of which important business much importation, &c. of provisions and lumber, of their time had been devoted. Notwith-from the ports of America into those of standing, however, all their diligence and our West-India colonies. The bill would attention, the number of appeals from shortly be laid before their lordships, and Scotland now on the table of the house, he should propose that it be read a 2d time which were yet undecided, shewed that on Thursday next. they had arrived at that point when they The Duke of Montrose observed, that must either declare that they could not do he was one of those who certainly thought justice to the parties appealing to their de- the measure of a much more serious nature cision, or take some measure to reduce the than it seemed to be considered by those number of appeals from that country. It who introduced it. They did not seem to was doubtless of the greatest importance be aware of the great amount of the tonin every case, that the dispatch of business nage, and of the great number of seamen should keep pace with the business which who were employed in that trade. He was actually arose. He was afraid he could not persuaded that the shipping amounted to promise any measure upon this subject in no less than 101,090 tons, and the seamen the course of the present session; and, to 6500. To prove this assertion, the nothough some might complain of this delay, ble lord concluded with moving for certain it was nevertheless of the greatest impor-papers, by which, he said, all he had advantance that such a measure should be care-ced would be fully confirmed. fully digested, and receive every advantage [IMPEACHMENT OF LORD MELVILLE.] which could be derived from the sugges- Mr. Wyatt, surveyor-general of his mations of those who had a thorough know-jesty's works, appeared at the bar, and, in ledge of the Scottish law. The mode he answer to the questions put to him by the