Other questions were carried in the fame manner as to numbers, though all were ftrenuously debated. Upon the prefenting of the petition, and the hearing of counfel, in behalf of the 500l. ftock holders, the following refolution was moved," That it does not appear to this Houfe, that the proprietors of 500l. capital flock, in the united company of merchants of England, trading to the Eaft Indies, have been guilty of any delinquency in the exercife of their charter rights, according to the feveral acts of parliament made in that behalf." This motion caufed long and warm debates, in which the rights of the petitioners were ably pleaded, and the alledged injustice of the enacting claufe, and the violent injury to their property, ftrongly reprefented. Upon a divifion, the motion was rejected by 123 to 43.

At length, after more than a month's continual agitation in the House of Commons, and finally concluded by long and eager debates in a late house, this bill, which had attracted the attention of all orders of people, June 10th. was paffed by a majority of more than fix to one, the numbers being 131 to 21 only. It was oppofed in its progrefs (befides those we have already mentioned) by a petition in behalf of thofe who were poffeffed of property in the Eaft-Indies, who reprefented, that every kind of tranfaction, ei ther by remittance or otherwife, with foreign companies, or foreigners fetiled at Bengal, being prohibited by the bill, their property would be virtually confifcated; and ftrongly claimed the exercife of that right which every Bri

tifh fubject enjoyed, of remitting his fortune from any part of the world, in the manner he conceived moft advantageous to himself.

This bill did not meet with a much lefs warm reception in the Houfe of Lords, than the ordeal which it had already undergone in that of the Commons; it was however fupported and carried through, by a power equally efficacious. Upon the bringing it up, the noble duke whom we have before ob. ferved to have conducted the oppofition to the fupervision bill, moved for a conference with the Commous, upon the fubject-matter of the prefent bill. This motion was strongly oppofed, as an unnecessary application, and leading to a tedious and troublefome delay, at this unfeafonable time of the year; the motion was accordingly rejected upon a divifion, by a majority of 39 to 12 lords who fupported it.

The fame nobleman made a motion, that a meffage fhould be sent, for a communication of the reports of the feveral committees, that had been appointed to make an enquiry into the affairs of the Eaft-India Company, together with a list of the witneffes that had been examined, and of all the papers that had been produced before the House of Commons, with Copies of their refolutions, and all the other evidences, facts, and matters, which they had proceeded upon, as a ground for paffing the bill. This motion was oppofed upon the fame principle as the former, and upon a divifion rejected by nearly the fame majority. This refufal of the means of information, was not paffed without much debate and animadverfion, and was the foundation of a particular proteft, in

which it is feverely complained of, and their prefent conduct ftrongly contrafted with that practifed upon former occafions, particularly in the year 1720, when the Lords had a conference with the Commons, which lafted the greater part of the month of July; but by this mode, it fays, the Commons have it in their power to preclude that Houfe from the exercife of its deliberative capacity; they have nothing more to do, than to keep bufinefs of importance until the fummer is advanced, and then the delay in one houfe is to be affigned as a fufficient ground for a precipitate acquiefcence in the other. It was indeed, generally thought, not very decent for the House of Lords to proceed without any regular parliamentary information whatever, upon matters which the Houfe of Commons had examined fo much in detail.

Upon the fecond reading of the bill, a petition was received from the Eaft India Company, and counfel heard against it; after which, and many debates, the question was put upon the first enacting claufe, with refpect to the alteration in the directorship, when upon a divifion it was carried, to fland part of the bill, by 51 to 16; and the qualification claufe was carried on a following divifion, by nearly the fame number. On the third reading, the bill June 19th. was carried through by 47 to 15; but including the proxies, the majority was much greater, the numbers then being 74 to 17 only. It was however productive of a proteft, figned by 13 lords.

Many of the arguments oppofed to this bill, were neceffarily upon the fame ground with thofe which

we have ftated upon other occafions; the charges of violation of public faith, private property, and chartered rights, have already been so often recited in the affairs of the Company, that a repetition of them, except where they vary in their circumftances from former cafes, would be needlefs. The throwing of fo immenfe a power and influence into the hands of the crown, was reprefented as totally fubverfive of the conftitution, and made a caufe of great and principal objection. The disfranchifing of 1246 freemen of the Company, without a charge or pretence of delinquency, was exclaimed against as an act of the most violent oppreffion, and crying injuftice; it was obferved that thofe proprietors of 500l. flock, were the only clafs of voters, known or qualified by the Company's charter; and that the very grievance of splitting stock, by which they had hitherto been injured by the great proprietors, was now affigned as the cause for ftripping them of their franchifes, while the former were furnished with new powers for the legal multiplying of that evil.

The whole management of the affairs of the Company in India, being vefted in perfons who were neither appointed nor removable by them, thereby cutting them off from all means of controul, from the redreffing of grievances, and the applying of a remedy to evils, in their own affairs, was reprefented as the most glaring abfurdity, and unaccountable folecifm in politics, that ever had entered the mind of man; that this ufurpation of right in the appointment of the Company's fervants, being loaded with the compulfory payment of large

I

falaries,

falaries, arbitrarily fixed, and chargeable on their revenues, without their confent, was an act of the most flagrant injuftice, and a violent outrage on all the rights of property.

The appointment of executive officers in parliament, was highly condemned, as unconftitutional, moft pernicious in its example, productive of faction and intrigue, and calculated for extending a corrupt influence in the crown; as freeing minifters from all refponfibility, whilst it leaves them all the effects of patronage; thereby defeating the wife defign of the conflitution, which placed the nomination of all officers, either immediately or derivatively, in the crown, whilft it committed the check upon improper nominations to parliament, and by confounding thofe powers which it meant to keep feparate, has deftroyed this neceffary controul, along with every wife provifion of the laws, to prevent abuses in the nomination to or exercise of office. Similar objections were made to other parts of this bill. The appointment of judges and a new court of justice, was not fo much debated in either House, as other parts of the regulating bill, except upon fixing the nomination in the crown. In the preceding year, the Company itself had formed a plan for courts of juftice, little differing from that adopt ed by government.

Thus this memorable revolution was accomplished. From that time, the Company is to be confidered as wholly in the hands of the minifters of the crown.

During the long enquiries which had been continually carried on, by the Select Committee, Lord

Clive, with feveral other civil and military officers, who had been in high itations in India, were frequently interrogated, and underwent the ftricteft examination in that committee, relative to the foreign affairs, and conduct of the Company abroad. These enquiries took in a period of many years, from the beginning of the war, which brought about the revolution in Bengal, in the year 1756, to the prefent time.

The fevereft ftrictures were paffed in fome of the reports of the committees, upon the conduct of many of the gentlemen concerned in thofe affairs, to which all the paft misfortunes and prefent diftreffes of the Company were principally attributed. At length, a direct enquiry being refolved on, a report was brought up by the chairman of the felect committee, containing charges of the blackeft dye, of rapacity, treachery, and cruelty, against thofe who were principally concerned in the depofal and death of Serajah Dowlah, the figning of a fictitious treaty with one of his agents, the establishment of Meer Jaffier, the terms obtained from him upon that occafion, and the other capital circumftances which led to, or attended, the celebrated revolution of the year 1756; thereby comprehending Lord Clive, and the other chief actors in those transactions.

The chairman, after regretting the particular fituation, which put him under the difagreeable neceffity of entering upon fo irkfome a fubject, and expatiating largely and very ably upon the nature and extent of the enormities comprized in the charges, propofed the following refolutions, which were

agreed

May 10th. agreed to, viz. That all acquifitions, made under the influence of a military force, or by treaty with foreign princes, do of right belong to the ftate. 2. That to appropriate acquifitions fo made, to the private emolument of perfons entrusted with any civil or military power of the ftate, is illegal. That very That very great fums of money, and other valuable property, have been acquired in Bengal, from princes, and others of that country, by perfons entrusted with the military and civil powers of the ftate, by means of fuch powers; which fums of money and valuable property, have been appropriated to the private ufe of fuch perfons.

The gentleman who moved the refolutions, declared that he would not stop there, that he would profecute the fubject with the utmost vigour, and that reftitution to the public was the great object of his purfuit. Though thefe refolutions, in their tendency, might have endangered the fortunes of most of thole who acquired them in India, and might have established a precedent, equally fatal to private fecurity, and to the military fervice; yet fo ftrong was the indignation excited by the enormities in India, and fo pleafing the ideas of eftablifhing our character of national justice by punishing delinquents, and above all of obtaining reftitution to the public, that they were carried through with great rapidity: and it feems probable, that while the tide continued in its full ftrength, if others had been propofed, they would have been attended with equal fuccefs.

Upon cooler reflection, however, a clofer view of the fubject,

and greater attention to its confe quences, it was productive of great debates, and occafioned fome very late nights. The nobleman who was accufed gave a general account of his conduct, the feveral parts of which he vindicated with great ability; and fhewed the critical neceffity that prevailed in certain fituations, where the English power and fortune in Afia depended folely upon rapid, well-timed, and extraordinary measures.- Moft people pitied his prefent deplorable fituation, who, after the great and undeniable fervices he had rendered to the ftate and to the Company, the public and honourable teftimonials of them, which he had received from both, and the quiet poffeffion which he had fo long held of his great fortune, was to have that and his honour put to the hazard, by a strict and severe retrofpect, into tranfactions, which had happened fo many years before; that they were now become a fitter fubject for hiftory than juridical enquiry.

On the other hand, thofe who pushed the profecution, afferted, that for criminal matters there was no limitation of time. That the charge muft proceed according to the offence. That the idea of a fet-off of fervices against offences, was trivial and illegal. That their former refolutions against thofe who had embezzled the money of the ftate, and who had plundered princes in alliance, would be a grofs mockery, if the guilty were fuffered to escape. That Lord Clive was the oldeft, if not the principal delinquent, and had fet an evil example to all the reft. To punish thofe that followed, and not thofe who fet the example, would

be

be grofs injuftice; and they foretold, that his escape would be an indemnity to the whole corps of delinquents.

These reasons were ineffectual. The principal ground of argument upon which this enquiry was defeated, was the incompetence of the reports from the felect committee being admitted as evidence, whereon to found any judicial proceedings in parliament. This matter was accordingly much agitated; but the general fenfe feemed to be against the admitting of thofe reports as evidence. The witneffes were perfonal and principal actors in the affairs on which they were examined, and as the enquiry was only fuppofed to tend to the future regulation and government of the Company's affairs, it could not be imagined, that they were under any guard with respect to their teftimonies in the relation of tranfactions, which at this distance, they could fcarcely think, by any retrospect, to affect themselves.

A motion to the following purport, was at length put and carried: That Lord Clive, about the time of depofing Serajah Dowlah, and the establishing of Meer Jaffier, did obtain and poffefs himself of feveral fums, under the denomination of private donation; which fums, were of the value, in English money, of 234,000l. The following words were originally part of the resolution; but after long debates were rejected, viz. "To the difhonour and detriment of the ftate."

On this point the grand ftruggle was made. Those who fpeculate, obferved an extraordinary divifion of those who on all other occafions acted together. The minifter de

clared in favour of the words of cenfure on Lord Clive, and divided in the minority. The attorney-general was a principal in the attack. The folicitor-general managed his defence. The courtiers went different ways. The most confiderable part of the oppofition fupported Lord Clive, though he hid joined adminiftration, and fupported them in their proceedings against the Company.

A motion was then made and rejected, That Lord Clive did, in fo doing, abufe the power with which he was entrusted, to the evil example of the fervants of the public. A motion was then made, at near four o'clock in the morning, That Lord Clive did, at the fame time, render great and meritorious fervices to this country; this refolution was carried, and put an end to the enquiry.

While the East-India regulationbill was agitated in the House of Lords, and that for establishing the loan in the Houfe of Commons, a petition was prefented to the latter from the Company, refuting to accept of the loan upon the conditions with which it was intended to be clogged, and requesting to withdraw their former petition; let it fhould be imagined that they were in any degree acceflary to their own deftruction, or thought anfwerable to pofterity, for the mifchiefs, which. those conditions might bring upon the nation. This petition was treated by adminiftration, rather as an act of infanity, than a matter that deferved any ferioùs confideration; and it was determined to fave the Company from ruin in her own defpight, and to force the benevolence of the public upon her against her will.

A period