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our chief governor a nobleman of approved experience, wifdom and abilities, and to whofe great virtues and diftinguished character we juftly look up with the fulleft confidence and the highest refped.

His Majelty's conduct, in making the public good the conftant rule of his actions, will be our forest guide in the discharge of our duty, which we fhall effectually accomplifh, by fhewing the fame uniform attention to the good of our country, that his Majefly has invariably exerted in promoting the general happinefs of all his people and we are fully convinced, that your Excellency will fteadily and uniformly purfue that illuftrious example of attention to the public good, which you have fo powerfully recommended to our imitation.

We fhall carefully confider the public accounts, and will cheerfully grant the fupplies neceffary to fupport his Majefly's government with honour, as far as the fiate and circumftances of our country will pernit, and in the manner that will be moft eafy to our fellow-fubjects of this kingdom, who are deeply interested in the fupport of that mild and just government, neceffary for carrying into execution those laws upon which the prefervation and fecurity of liberty and property, and the maintenance of the peace and good order of the public must entirely depend: and we confide in your Excellency's wisdom and juftice, that thofe fupplies will be faithfully applied, and frugally administered.

We thankfully acknowledge your Excellency's goodnefs, in pointing out the laws of cur country as the firft and most important objects of our confideration, and in

dire&ting

directing our attention to fuch as concern the religion and morals, the fecurity and good order of the people.

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King, and to the profperity and "fervice of this country, to de"ferve the continuance of their good opinion."

Lords Protest against the Eaf
India Regulating Bill.

Die Veneris, 11° Junii, 1773.
Diffentient,

B

There cannot be a more convincing proof of your Excellency's regard for the welfare of this kingdom, than your recommending to particularly to our confideration, The that principal fource of our wealth the linen manufacture, the exten. fion of which, and the fupport whereof at foreign markets, are objects of the highest importance to this nation, and at this time call in a peculiar manner for your Excellency's patronage and protection; and your Excellency's recommendation of our charterSchools will be an additional incitement to us to promote and encourage thofe ufeful feminaries of true religion and induftry: We fhall co-operate with your Excellency, with equal zeal in maintaining the honour and dignity of the crown, as in promoting the good of this kingdom, fenfible that thofe objects equally tend to the happiness of the people.

Our future conduct will, we hope, confirm the approbation which your Excellency has expreffed of our attachment to his Majefly, and of our zeal in the public fervice; and we have every reafon to expect, that your Excellency's adminiftration will demonftrare that you have nothing more fincerely at heart than the welfare and profperity of Ireland.

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ECAUSE the preamble to

this bill, ftating defects in the

powers of the Eaft India Company, abufes in its administration, and injuries to public and commercial credit, ought to have been fupported by evidence adapted to the nature of the feveral matters alledged. But the production of charters has been refufed by the Houfe; no witnesses have been called to ascertain the existence or quality of the fuppofed abuses; no enquiry has been made into the condition of public credit; and no ftate of the Company's commercial affairs have ever been laid before us.

2dly. Because, if the defects in the charters, and abuses in the adminiftration of the Company exift in the manner ftated in the preamble, no effectual provifion is made in the enacting part of the bill for fupplying the one, or reforming the other: on the contrary, the utmoft diftraction is introduced into the whole œconomy of their affairs. The nomination to the fubordinate prefidencies, and inferior offices in India, is left to the Company, but a fuperior prefidency is appointed by parliament to govern thofe inferior officers. The fuperior pre

fidency

fidency is to receive orders from the court of directors; but it is left to the private will of the King how far thefe orders fhall be obeyed. The prefidency is appointed to make ordinances and regulations, but neither directors or Company are to determine on their validity. The King alone is to allow or difallow thofe acts, as he fhall chufe to fignify his pleasure under his fign manuel. This mode of vesting ultimately the whole management of the Company's weighty political affairs, their vaft revenues, and their extenfive commerce, in the King's private direction, without any provifion in the bill for the intervention of any public body, (either the Eaft-India Company or the privy-council) or any refponfible public minifter, is, we infift, not only an high and dangerous violation of the yet unqueftioned charters of the Company, but a total fubverfion of all the principles of the law and conftitution of this kingdom.

3dly. Because the election of executive offices in parliament is plainly unconftitutional, and an example of the moft pernicious kind, productive of intrigue and faction, and calculated for extending a corrupt influence in the crown. It frees minifters from refponfibility, whilft it leaves them all the effect of patronage. It defeats the wife defign of the confitution, which placed the nomination of all officers, either immediately or derivatively, in the crown, whilst it committed the check upon improper nominations to parliament But this bill, by confounding thofe powers which the conftitution meant to keep feparate, has deftroyed this controul, VOL. XVI.

along with every wife provision of the laws to prevent the abufes in the nomination to, or exercife of, office.

4thly. Because this ufurpation of the Company's rights in appointing the fervants is loaded with the additional injuftice of a compulfory payment of falaries, arbitrarily fixed and chargeable on the Company's revenues, without their confent.

5thly. Becaufe the violation of the charter is not juftified by the importance of the provifions of this bill, which operates only to transfer patronage without conferring new powers, it being exprefsly provided by the bill, that thefe powers fhould be the fame as were formerly exercifed by the Company's fervants, under the Company's authority; neither is any advantage, gained with regard to the particular officers named in this bill, the perfon first in rank and importance in the new parliamentary prefidency, being the very fame now at the head of the Company's prefidency at Bengal. We mean to reflect neither upon that gentleman, nor any other, who (for any thing we know to the contrary) may be men of competent ability and good character; but we think ourselves bound to declare against the manifeft contradiction and abfurdity of this bill, which, ftating abufes as now exifting in India, for the ground of its regulations, yet appoints the very perfons to prefide there, who, if the allegations in the bill be true, muft be concerned, either by neglect, or actual com-. miffion, in all the abufes complained of.

6thly. Because the appointing judges by the nomination of the [R]

crown,

crown, with large falaries payable out of the Company's revenue, without the Company's confent, either to the appointment or the payment, is an act of flagrant injuftice, and an outrage on all the rights of property. No neceffity can be pleaded in favour of this violence, as the Company did last year voluntarily propofe a nomination of judges, with far better provifions for fecuring a proper appointment, than any contained in this bill.

7thly. Because the claufe of this bill, which deprives of all fhare in the management of their own property, all proprietors not poffeffed of 1000l. capital ftock, disfranchifing without the affignment of any delinquency or abufe, no lefs than 1246 perfons legally qualified, is an heinous act of injuftice, oppreffion, and abfurdity, and a grofs perverfion of the high powers entrufted to legislature; the part of the charter which regulates the right of voting was made to eltablish exclufively that clafs of voters which this act has deftroyed; the charter knows of no right of voting, but the poffeffion of 500 l. capital ftock. It excludes all title toperior influence from fuperior property. The feveral laws to prevent the fplitting of ftock are all in affirmance of this principle, and made to fecure this voter. But by a fyftem of contradiction, that, except in this bill, has no example, the very grievance of fplitting of ttock, by which the proprietor under 1000l. has been injured, is affigned as the fole the fole ground for depriving him of his franchife. This lower proprietor could not p ffibly have been guilty of this offence, and yet he is punished; and the large ftockholder,

who alone could be guilty of the fplitting, is indulged with new privileges, in contradiction to the spirit of that charter which he is fuppofed to have violated.

8thly. Because the great principle upon which the bill has been fupported will not only in this, but in all cafes, justify every infringment of the national faith, and render parliamentary fanction the worst of all fecurities. We never can admit that a mere fpeculation of political improvement can justify parliament in taking away rights, which it exprefsly covenanted to preferve, efpecially when it has received a valuable confideration for the franchifes fo ftipulated. Nor are grants of parliament under these circumftances to be confidered as gratuitous, resumable merely at the pleasure of the giver; but matters of binding contract, forfeitable only on fuch delinquency or neceflity as is implied in the nature of every other bargain. With fuch matters before us that require the heft, we are denied all manner of information. A bill, the object of which has taken the Commons near eight months to confider, is precipitated through this house in little more than eight days, without any attention to parliamentary ufage or decorum; as if the Lords were the lowest of ministerial tools, who are not to be indulged even with an appearanre of difcuffion, concerning the mandates they receive.

In this fituation we feel the honour of the peerage tarnished, and its dignity degraded. If the provifions and precedent of this bill fhould render the public faith of Great Britain of no estimation, the franchises, rights and properties of Englishmen

Englishmen precarious, and the peerage diftinguishable only by a more than common meafure of indolence and fervility; if the boundless fund of corruption furnished by this bill to the fervants of the crown, fhould efface every idea of honour, public fpirit, and independence from every rank of people, after struggling vainly againft thefe evils, we have nothing left but the fatisfaction of recording our names to pofterity, as thofe who refifted the whole of this iniquitous fyftem, and as men who had no fhare in betraying to blind prejudices or fordid interest every thing that has hitherto been held facred in this country.

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Second Proteft of the Lords, upon the Duke of Richmond's Motion, for the making certain Enquiries relative to the Eaft-India Company, and the holding of a Conference with the Commons upon that Subject, being, after a fhort Debate, rejected.

Die Luna, 14° Junii, 1773.
Diffentient,

ECAUSE a bill, evidently taking away, without confent or compenfation, feveral rights and privileges now enjoyed by a great corporate body, purchafed for a

valuable confideration, and confirmed by the most folemn fanctions of parliamentary faith, can be justified only by fuch delinquency as incurs a forfeiture of thofe rights, or by fuch evident and urgent neceffity as admits of no method confiftent with the charter of the company, for the immediate prefervation of those objects for which the corporation was formed. The evidence therefore of fuch delinquency, or fuch neceffity, depending effentially on matters of fact and record, it is impoffible for peers to proceed on this bufinefs in a proper manner, while they are unfurnished with that information which it was our duty to demand, and which it was the difpofition of the houfe to refule.

Secondly, Because the Houfe of Commons had appointed committees to examine into the state and condition of the Eaft-India Company, and have from them received feveral reports previous to the bringing in this bill; a previous course of the fame kind is equally neceffary in this houfe; nor is it enough for lords to be informed from common converfation, that other men have done their duty, as a reafon for neglecting ours. This houfe nevertheless (in conformity to its late method of proceeding, but in direct contradiction to the uniform practice and principle of better times) has wholly declined to make any enquiry into this important and delicate fubject; though tuch enquiry has been ftrongly recommended from the throne at the

the opening of this feffion. We conceive that thofe who advised that fpeech were obliged, as well from confiftency as from refpect to the [R] z

crown,

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