motion, which charged the pamphlet with reflecting on the king, fhould be left out. There was no doubt that every man in the House would stand forward to bring to conviction and punishment any perfon who fhould libel his Majefty; but it did not appear in this cafe that any fuch libel was intended or implied; and it would, therefore, be improper to bring in the King's name when there was not the leaft occafion for it. As to the rest of the motion, he could not poffily object to it.

Mr. Fox contended, that the words "fmiles of the fovereign" certainly imported, by their natural construction, an improper influence on the part of the Crown. He did not fay the fact was fo; but the Houfe was not now enquir ing into fact, but the tendency of the libel. What could the words "fmiles of the fovereign cannot protect from im peachment" mean? what will plain fenfe fay in explanation? That the influence of the Crown had been exerted, without effect, to protect a delinquent from impeachment. What interpretation could be given to the "cannot how could it be known that influence "cannot" protect delinquency, if fuch a measure had not been at trial? Mr. For urged feveral other arguments in favour of the original motion; and begged it might be clearly understood, that the Houfe was not then trying the fact of his Majesty having exerted influence in favour of Mr. Haftings. That was well known to be falfe; the tendency of the libel in queftion was the only fubject before them.

Mr. Sheridan and Mr. Adam coincided in opinion with Mr. Fox, and Mr. Dundas agreed with Mr. Pitt. The Solicitor General, through delicacy, declined giving any opinion, because the business might hereafter come under his confideration in an official and profeffional way.

The Houfe at laft divided on Mr. Pitt's amendment, which was carried by a majority of 66.

Ayes 132. Noes 66.

The motion, thus amended, was then carried without a divifion; as was alfo another made by Mr. Fox, for an addrefs to his Majefty, that he would order the Attorney General to profecute the author, printer, and publisher, of the pamphlet alluded to. The Houfe then adjourned.

Saturday, February 16.
The proceedings in Weltminster-hall

clofed this day at three quarters of an hour after two o'clock, when the Commons went to their house, and paffed a private bill, which was ordered to the Lords; after which they adjourned.

Monday, February 18.

The proceedings in Weftminfter-hall ended this day at three o'clock; and the Commons being returned to their houfe,

Lord Courtown reported, that his Majefty had been waited upon with an addrefs from that Houfe, and, in compliance therewith, had given orders to his Attorney and Solicitor General to profecute the author, printer, and pub lither of the pamphlet, to which the

addrefs alluded.

Petitions against the slave trade were prefented from Worcester and Warwick; read, and ordered to lie on the table.

After notice given of bills to be moved for on particular days, the Houfe adjourned.

Tuesday, February 19.

The Commons being come from Weftminster-hall, at half paft five o' clock, fome private bills were read; after which,

Sir M. W. Ridley moved for leave to bring in a bill for regulating the loading of veffels at Newcastle. Leave was given, and Sir M. W. Ridley, Mr. Brandling, and Mr. Grey, were order. ed to prepare and bring it in.

Mr. Baftard, on account of the late nefs of the hour, and the fatigue the Houfe had undergone, poftponed his motion, relative to the late promotion of flag-officers, until Thurfday. Adjourned.

Wednesday, February 20. Petitions for the regulation of the flave trade were received from Hertford and Bristol.

Ald. Sawbridge moved, that the proper officer do lay before the Houfe an account of all the veffels purchased by order of the Board of Ordnance, from the ft of January, 1787, to the ift of January, 1788. Ordered,"

The bill, for rendering permanent the regulations at prefent fubfifting refpecting the intercourfe between our WeftIndia islands and. America, was read a fecond time, and afterwards paffed, without alterations, through a committee of the whole Houfe.

Mr. Burgess gave notice of his intention to postpone his propofed motion, upon the fubject of the laws now exift.

ing between debtor and creditor, to Thurfday, the 6th of March.

Mr. Vanfittart moved for leave to bring in a bill for reftraining ftagecoaches from travelling on Sundays, during the hours of divine fervice. For the afcertaining of this period, he meant to fix the limitation to the hours of from ten to five; but if gentlemen thought this too long, or too fhort, they might regulate it as they thought proper. This motion was oppofed by feveral gentlemen, on the ground of inconvenience to travellers at large; and, on a divifion, it was rejected by a majority of one. Ayes 31. Noes 32.

The Houfe then proceeded to ballot for the members to conftitute the court for the trial of Eaft India delinquents, according to the forms of Mr. Pitt's India bill. This ballot takes place annually.

They next went into a committee of fupply, and, without any debate, voted the ordinaries and extraordinaries of the navy, amounting to 1,300,000l.

The Houfe, being refumed, proceeded to the confideration of the charges against Sir Elijah Impey. Mr. Farrer's examination being finished, Mr. Rous, another member, gave an account of what he knew relative to the profecution of Nundcomar Mr. Tolfrey, who had been under-fheriff at Calcutta when Nundcomar was executed, was then called to the bar, and underwent an examination, which lafted till paft eleven o'clock, when the Houfe adjourned.

Thursday, February 21. The Worcester road bill was report éd, read a third time, and paffed.

Leave was given to bring in a bill for the better lighting, paving, and cleanfing the town of Liverpool.

Mr. Duncombe prefented a bill for regulating the coal trade at Newcastle and Sunderland; which was read the fift and fecond time.

The Brighthelmftone theatre bill was read the third time, and paffed.

Petitions from the univerfity of Glafgow, the town of Devizes, and the Bai liffs of Bridport, against the flave trade, were prefented, and ordered to lie on the table.

In confequence of a meffage from the Houfe of Lords, the Speaker, attended by feveral members, went thither, and being returned, reported, that the equalizing duty bill on Scotch fpirits, with feveral other bilis, had received the royal affent by commission.

Mr. Baftard then rofe, and obferved, that when members of that Houfe at

To a strict

tempted to procure redrefs of wrongs done to individuals, they were generally influenced rather by friendship, than a regard for the public good; but, in the motion which he was about to make, he acted entirely from the impulfe of the latter, as, except Mr. La Forey, he had not the honour of being acquainted with any one gentleman who had been overlooked in the late promotion of flag-officers, nor did he know that Mr. La Forey had any intention to affert his right to a flag. He faid, that the partial diftribution of naval and military honours was a fure way to extinguifh that fpirit of enterprife which had led, and he hoped would ftill lead, our fleets and armies to glory. attention to the fair and juft diftribution of thofe honours, Rome owed her greatnefs; to the neglect of them, her fall. To the fpirit of enterprife which fuch a diftribution kindled and kept alive, we were indebted for the atchievements of the gallant Hawke; but, fhould it be difcovered that the executive government departed from this principle, the confequences, he feared, would be fatal to the fervice. A young officer, inftead of courting occafions to fignalize himfelf, might be led to think, that cringing to, and fawning upon, a great man in office, was a more certain road to preferment and wealth, than the moft heroic actions in his profeffion. The thanks of that Houfe, too, would be confidered as empty unmeaning words, fince thofe who had received them were not deemed worthy of promotion by the First Lord of the Admiralty better would it have been for thole brave men to have fallen glorioufly on the 12th of April, than to enjoy life under fuch mortifying neglect. Their grateful country would, at least, have railed monuments to their memory, though they were now refused an increate of pay, and the honour of a flag. Mr. Baftard concluded by obferving, that though he might, in justice, have included in his motion every officer who had been omitted in the late promotion, yet, in order to remove all cavil, he would name only two. He then moved, that an humble addrefs be prefented to his Majefty, humbly praying, that he would be graciously pleafed to bestow fome mark of his royal favour upon Captains Balfour and Thompion, for their paft fervices.

Mr.

Mr. Edwards feconded the motion, and condemned, in very pointed terms, as equally impolitic and unjuft, the partial diftribution of military ho

nours.

Mr. Beaufoy faid, that charges of fo ferious a nature against the executive government ought to be very carefully examined, especially when the charges were directed against a First Lord of the Admiralty, to whom the country owed fo much as it did to Lord Howe; a man, at once the pride and ornament of his profeffion. But these charges did not deferve confideration merely as they affected that noble Lord, but as they affected the Government of the country. Much was left, and properly left, to men high in office, in the adminiftration of thofe affairs that belong to their department; but, fhould the Houfe deprive them of that difcretion, and take upon itfelf, without any information on the fubject, to point out to the throne who fhould be made admirals; then our officers, instead of feeking honour in the fcene of action, would content themfelves with conciliating the favour of the members of that Houfe; and he fhould not be furprised if, hereafter, on every promotion in the army and navy, gentlemen fhould be inftructed by their refpective conftituents to vote that fuch and fuch men should be made generals and admirals. He forefaw that fuch an inte ference on the part of the Houfe would be attended with alarming confequences, and therefore hoped the Hon. Member would withdraw his mo

tion.

Sir James Johnstone faid, the motion was fuggefted by a love of juftice and humanity; it fhould, therefore, have his fupport; and he hoped that the hon. gent. who introduced it might receive an honourable reward for his fpeech of this day; he wifhed that, at least, he might be foon enabled to call him a brother baronet.

Lord Aplley obferved, that there was nothing new or unprecedented attending the late promotion. In the year 1718, two officers, whom, on account of their abilities, the Board were defirous of employing as admirals, were advanced to flags over the heads of 27 fentor captains. In 1747, took place the regula tion of fuperannuating thole who, from age or infirmities, were though: antit for active fervice; and those who were upon the fuperannuated lift were not to be confidered as neglected or underva

lued; the very words of the order by which they were put upon it fhewed that they were not ftigmatifed, but receiving the reward of past services.

Sir James Collier fupported the motion: he faid, that the fuperannuated lift, or the yellow flag, as it was called, might not be dishonourable to thofe who, from bodily infirmities, were really not fit for actual fervice; but it was certainly difgraceful to officers who were ftill able and willing to ferve their country in active flations, to be put upon that lif.

Capt. M'Bride faid, he would fupport the motion with the greater readiness, because, in doing fo, he considered himfelf as pleading the cause of his gallant brother tars. He admitted that the fuperannuated lift was an honourable retreat to officers worn out and exhausted in the fervice; but he looked upon it as a degradation to any officer to be placed upon it in the vigour of health. He begged it might not be understood, that, while he cenfured the late promotion, he meant to call in queftion the merit of the officers who had received the ho nourable rewards of their fervices; but he muft fay, that as able and as gallant officers had been overlooked as any that had been promoted, or any that ever exifted. He had heard, without doors, fome reasons for the omiffions he complained of; but they were fo contradictory and abfurd, that he was almost afbamed to mention them. One gentleman had been paffed over because he was a commiffioner; and yet another was promoted, though he was also a commiffioner. Another gentleman was left out, because his health was fo much impaired that he was no longer able to ferve; and yet it is notorious that, notwithstanding his debility of conftitution, he bunts regularly twice a week; while another officer was made an admiral, who, probably, will never be able to leave his houte, certainly never to mount the fide of a fhip. This latter circumftance he mentioned with regret, becaufe he was an officer of great gallantry and ability, whofe lofs his country would have caufe to deplers; but he noticed it for its fingularity, and to thew the force of the reafons which had been af igned. Capt. Gray was overlooked becaufe, as was faid, he had not ferved according to order in the laft war. The fact, however, was, that this officer had made an offer to Government to raise, by his influence in his native country,

ooo men; his offer was accepted, and he and his men embarked according to orders in tenders for that purpose. Was not this ferving? And were fervices fuch as thefe to be rewarded by neglect? Capt. M'Bride feared that he himself fhould never be able to obtain the deareft object of his wishes-a flag, while fuch frivolous objections as he had ftated might mar his hopes: for he had no other pretenfion to the honour than his endeavours to deferve it: but, were his efforts to deferve it fuccessful, he might be laid afide for being too fat or too lean, too fhort or too tall. He concluded with expreffing a hearty wish, that fomething might be done in favour of the gallant men whofe merits had been overlooked in the late promotions. Mr. Pitt readily admitted and maintained the indifputable right of that House to control all the branches of the executive Government; and it ought in duty to interpofe its controuling authority, whenever any partiality, or unjust or capricious exercife of pow er, appeared in the conduct of any of the executive departments of the flate. The queftion, therefore, was not, whether the Houfe had a right to interfere, for that no man would deny; but on what occafions it ought to interfere. Did gentlemen mean, that the Houfe of Commons fhould, on all occafions, affume the right of telling the Minifter, whom his Majefty had placed at the head of the Admiralty, "we are better judges than you are, and know better who ought, and who ought not, to be promoted?" Was it better for that Houfe, which could not be called to account by any power, to attempt to exercife their judgement, without having proper grounds for forming that judgement, than to trust to one who was refponfible for every measure he adopted? ·The measure that was now made a fubject of complaint was not without precedents; for, in the promotions of 139 admirals, fince the year 1718, 244 captains had been overlooked, and yet the navy had not murmured. He was forry to find that the regulation made by Lord Anfon, in 1747, which was intended as an honourable retreat for captains worn out by age and long fervice, was this day perverted into a mark of difgrace, than which nothing could be more remote from the defign of the inftitution.

Nothing could be fairly argued from the vote of thanks paffed by the Houfe against the omiffions of the late promo

tion; the thanks were general to the admirals, officers, and feamen; so that, if the captains, included in that vote, expected from it to be made admirals, the mafters and commanders might as reafonably expect to be made captains; the lieutenants to be made mafters and commanders; and the feamen, lieute

nants.

Lord Mulgrave faid, he would give no opinion on the late promotion; but he wished very much that a plan might be adopted, by virtue of which a captain in the navy, of 20 years ftanding, fhould be at liberty to demand his retreat, and that there fhould be a fixed income allowed him for the remainder of his life; the retreat would then be voluntary, and confequently honourable, because he would not be driven to it by any marked difrefpect, or any neglect whatever on the part of the Admiralty.

Mr. Baftard at length confented to withdraw his motion; but declared, at the fame time, that he would bring the bufinefs forward again, on fome future day, in another shape.

Friday, February 22.

The order of the day being read, that the Houfe do refolve itself into a committee of the whole Houfe on the charges against Sir Elijah Impey;

Sir Gilbert Elliot moved, that the faid order be deferred to Monday next, and that the witnefies do then attend. Agreed to.

Mr. Burke rofe, and observed, that, in opening the charges against Warren Haftings, in the high court of Parliament, he had taken a general historical view of India; and, noticing the revolution in 1760, he had ufed certain exprettions which had given offence to fome gentlemen, who conceived that their characters had been injured by an unfair itatement of circumftances Wishing to give every gentleman ample fatisfaction, he was ready to enter into an explanation of what had fallen from him on that occafion. If he had erroneoufly ftated any particular, he was willing to retract; but if, ou explanation, he found no mis-ftatement, he would adhere to his former affertions. He would, however, deter his explanation until perfons of greater weight than he could pretend to be, were in the Houfe (alluding to Mr. Pitt, &c. &c.), from whom he might receive inftructions refpecting the best mode of entering into fuch explanation. Adjourned.

Monday.

Monday, February 25.

priation of thofe revenues in the man ner that should appear to them the most conducive to the public advantage. But upon this it appeared there were different legal opinions. To afcertain this matter, therefore, he fhould move,

ham in the chair.

Mr. Grenville faid, that, in opening this bufinefs, he had fully explained the whole operation of the bill. There was one claufe, however, which had been fince fuggefted to him, relative to the importation of provifions from America. From authentic information, he believed that the province of Canada alone would be able to fupply Newfoundland with provifions. He had, therefore, introduced a claufe to that effect, referving a power to the King in council, on any failure of the crop in Canada, to iffue fuch order as the exigency of the cafe might require.-The bill was read, and the blanks filled up. Mr. Put faid, he had a motion to make, upon a fubject of fome importance, to which he begged gentlemen would give their attention. It had been the unanimous opinion both of the Board of Controul, and of the Court of Directors, in October laft, that the firuation of affairs in India required a re-inforcement of troops from Europe for the Company's fervice. Accordingly, with the full approbation of both Lides, four regiments were raifed for that fervice; but now, when they were ready to embark, the Court of Directors, under pretence that the troops were no longer neceflary, refuted to receive them on board their fhips. Upon this point it might be afked, has the Crown a right to fend troops to the British poffettions in India, if neceffary for their protection, without the confent of the Company? This right is so obviously poffeffed, that he would not at tempt to prove it. Another queftion might be afked, upon a point much more doubtful. Had the Crown a right to fend troops to India at the expence of the Company? By an act pafled in 1781, the Company might refufe to pay any troops that were not employed in India at their own requifition; but it did not prevent the Crown from fending troops at its own expence. By the act of 1784, the authority and power of the Court of Directors, in great politi. cal matters, and in the management of the Company's revenues, were transferred to the Board of Controul, which might, in his opinion, direct the appro.

for removing any doubt refpecting the power of the Commiffioners for the affairs of India, to direct the expence of railing, tranfporting, and maintaining, fuch troops as may be judged neceffary for the fecurity of the British territories and poffeffions in the Eaft Indies, to be defrayed out of the revenues arifing from the faid territories and poffeffions."

Mr. Baring faid, that, if the bill paffed, it would effectually annihilate the Company, as not a veftige of power would remain with them. The late alteration in public affairs had fuperfeded the neceffity of fending out the new regiments; which, if they went to India, would, like the other royal regiments there, dwindle into skeletons.

The Secretary at War said, that thofe regiments, fo far from being skeletons, did not, by the laft returns, want more than 220 men.

Mr. Baring afferted, that their defi ciencies amounted to 2400.

Mr. Fox accounted for this difference of opinion, by faying, that Government deducted from the actual deficiencies the number of troops on their way to India, without making any allowance for the probable diminutions occafioned by the climate. He spoke at fome length, and with much energy and effect, against the motion.

Mr. Dundas maintained, that the Board of Controul had a right, by the act of 1784, to manage the revenues of the Company; but were, at the fame time, refponfible for their conduct. It was undoubtedly, he faid, the duty of the executive Government to defend the territorial poffeflions of India, which were of fuch national importance; and it was equally the duty of the Company to defray the expence.

Col. Barré confidered the whole as a mere question of patronage; the contest was, who fhould have the nomination of the officers in thofe regiments-the Crown or the Company. He spoke of the King's new officers fuperfeding the old officers of the Company, and faid, it would be a fource of endlefs difputes.

Mr. Pitt fpoke in reply; after which his motion was carried without a divifion; -and the Houfe adjourned. (To be continued.) 140. Hoxorary