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out of seventy-five, at that time objected to (for the examination was not closed) had fixty ftruck off.

In this ftate did the Westminster fcrutiny again come before the house, upon a petition from several of the electors, the 8th of February, when the high bailiff, and his counsel, Mr. Hargrave and Mr. Murphy, underwent a long examination at the bar of the house, touching the practicability of carrying on the fcrutiny, and the difficulties and delays attending the fame. The high bailiff gave in evidence, that, calculating from what had been already done, it would take certainly not less, but probably a much longer time, than two years, to finish the fcrutiny. The day following, Mr. Welbore Ellis moved, "That Thomas Corbett, Efq; high bailiff of the city of Westminster, having finally clofed the poll for members to represent the faid city, do forthwith obey the faid writ, and make a return of the precept directed to him for that purpose." This motion brought the merits of the whole queftion again before the house, and was long and ably debated, during several days, by Lord Mulgrave, the mafter of the rolls, the attorney and folicitor general, Mr. Bearcroft, Mr. Hardinge, Mr. Dundas, and Mr. Pitt, on the one fide; and on the other, by Mr. Lee, Sir Thomas Davenport, Mr. Anftruther, Mr. Adam, Mr. Taylor, Mr. Powis, Mr. Ellis, Mr. Montagu, Lord North, Mr. Sheridan, and Mr. Fox.

The arguments used in this debate are reduci ble to two heads; firft, the legality of the fcrutiny, under the circumstances of the cafe; and fecondly, its expediency.

On the first head it was argued, in fupport of the motion, that by ftatute the writ was returnable on the day specified in it; and that this appeared clearly from an act of Henry the Sixth, by which an action of debt was given to a perfon aggrieved by any return, the act exprefly providing, that fuch action should be brought within three months after the meeting of parliament, -The meeting of parliament and the return of the writ must therefore have been confidered as co-exiftent in point of time, or it would have been abfurd in them to give a man an action, which could be fo easily defeated if the practice introduced by the prefent parliament fhould prevail; for the sheriff not making any return for three months, or, as it might happen in the prefent cafe, three years, after the meeting, no action could be brought against him, becaufe by law it must be brought within three months after the meeting, or not at all."

The ftatute of the 10th and 11th of William Ild, was next infifted on, which requires the fheriff to make his return on or before the day of the meeting of parliament: this claufe, it was faid, virtually included inferior returning officers, who, by making their returns to the Theriff, must enable him to obey his writ, and transmit it to the crown-office in due time, be fore the opening of the feffion; and this conAruction of the Statute is farther confirmed by what is directed in the cafe of writs for the élec. tion of meinbers during the fitting of parlia rment, which are not made returnable within

any limited time. The difference between the. two cafes is very ftriking: the king was fuppofed to know beft when a new parliament ought to meet, and therefore he summons it to meet on a certain day; and it is necessary that writs fhould be all returned on that day, that the commons may be as fully reprefented as poffible, before parliament proceeds to make laws. But it is different with respect to a vacancy made by death or otherwise, in a house of coinmons already fitting: the house cannot poffibly be full; but a reasonable dispatch is requisite in filling the vacancy, and the act therefore only directs that the return shall be made within 14 days after the election.

The ground of legal analogy was next reforted to, and it was maintained, that no fheriff, or other officer, could legally continue to act under the authority of any writ or precept after the date when the fame was made returnable: on the day, therefore, that the precept issued to the high bailiff was directed to be returned to the theriff, he was, quoad hoc, funclus efficis, and became as incompetent to continue the poll or fcrutiny, as if the writ had never iffued at all.

It was maintained, in the third place, that the protraction of a scrutiny beyond the exigence of the writ was contrary to the uniform and invariable practice of parliament. In the great Oxfordshire conteft, the sheriff granted a fcrutiny, which lafted till the day before the writ was returnable, and then closed it, contrary to the withes and entreaties of the parties that had demanded it. He then returned all the four candidate. The houfe did not condemn the sheriff; on the contrary, it fat from day to day to determine who ought to have been returned. Laftly, the illegality of the proceeding was argued, on the ground of its being contrary to reaton, and leading to the most abfurd as well as dangerous confequences. It the power affumed by the high bailiff, of protracting the return beyond the time specified in the writ, were once recognized, it would invest returning officers with a power of controlling one of the most arbitrary and irrefiitible prerogatives of the fovereign, that of adembling his parlia ment at fuch time and place as he might think proper. On the other hand, it might become the means of depriving the people of their rights, by packing a parliament, in which the members of the most inconfiderable boroughs would take their feats, whilft the reprefentatives of counties, of Westminster, Norwich, Liverpool, Bristol, Newcastle, and every other populous place, might be engaged in attending fcrutinies.

It was further obferved, that if the legislature had intended to authorize a fcrutiny in every cafe in which it might be demanded, it would doubtlefs have exprefsly provided for the fame, and not have left it entirely in the difcretion of the returning officer; but it was generally agreed that no fuch obligation exifted, except in the city of London, where a provifion was made for it by a special act of parliament. Ja the late elections, the fheriff of Bedfordshire had refused a fcrutiny, though at the clofe of the pull there was only a majority of one vote; yet the house had not confidered his conduct as in any way

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reprehenfible. The returning officers of Southwark, Lancaller, &c. had alfo refufed to grant a fcrutiny, although it had been demanded.

But if it fhould be granted, that the fcrutiny was within the ftrict line of legality, yet it was contended, that the authorizing the high bailiff to proceed therein was neither expedient nor equitable. If it had been the intention of the houfe to do the most speedy and effectual juftice to all the parties concerned, they would doub lefs have directed the bailiff to make fuch a return as his judgment would dictate (the only thing required of him by his oath) and, would have themselves proceeded to correct the return, if it had been vitiated by any errors in the elec tion. The act of Mr. Grenville had established the proper tribunal, with adequate powers, for the trial of contefted elections; whereas the court of fcrutiny had neither power to compel the attendance of evidence, nor authority to examine them on oath, or to punish them for contempt or prevarication: it had, therefore, at leaft a fufpicious appearance from the house to wave its own privileges, and to recur to inade. quate modes of trial, by which the city might be deprived of its reprefentatives for three years, and the house be at laft obliged to revife the whole proceeding in a committee. The partiality and injuftice of their proceeding was ftill farther marked, by their not only authorizing, but directing, the bailiff to proceed in the fcru tins, even after they had established his difcre tion, either to continue it or not, and after he bad him felf declared, that he was ready to make a return, if the house fhould permit him.

best known, who knew even my private foibles, as I had been bred, and had always lived among them, fhould pass judgment on my political conduct; and proud I am of the iffue, which has taught the more diftant parts of the kingdom that they were milled. But he declared upon his honour, that when he recollected that the greateft ornaments of this country had been facrificed to popular prejudices; that Lord John Cavendish had been thrown out by the citizens of York; that General Cooway, Mr. Coke, Mr. Baker, &c. had loft their elections, he fhould be forry if, by an election for any other place than Westminster, he had been robbed of the glory of fuffering in fuch company. He faw plainly, he faid, that it was a pecuniary conteft, and that his friends were to be tired out by the expence of the conteft. The fcrutiny on both fides could not cott lefs than L. 30.000 a year. This was enough to shake the beft fortunes.-His own laft filling might be eally got at, as he was poor; but ftill, little as he had, he would fpend to the laft fhilling. If, in the end, he fhould lofe his election, it would not be, he well knew, for want of a legal majority, but for want of money! and thus would he, per haps, be deprived of his right, and the electors of Weftminster of the right of their choice, becaufe he was not able to carry on pecuniary conteft with the treasury.

In aufwer to these arguments, it was contended, that the ftatutes adduced did not direct. ly apply to the cafe, which they would doubtless have done, if it had been within the intention of the legislature, fince the circumftances were fuch as might easily have been foreseen; that there is nothing fo urgent and pofitive in what is called the exigence of the writ, as to take from the returning officer his difcretion; but that on the contrary, he is obliged by his cath to fatisfy his confcience before he proceeds to make a return.

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Mr. Fox, who bore a most distinguished part in the debate, concluded thefe arguments by a pathetic appeal to the feelings, the honour, and the juftice of the house. He faid, he believed no one could doubt, that the only object the minifter could have in view was, to harrafs and perfecute an individual, whom he had chosen 10 make the victim of his refentment. He had The journals of parliament, otherwife than always wished to ftand well with the right ho- by indirect and far-fetched analogies, were also nourable gentleman; he remembered the day totally filent upon the subject; and, in oppofihe had firft congratulated the houfe on the action to the caufes adduced, that of Sir Rowland quifition of his abilities; it had been his pride Wynne and others, who had petitioned against to fight, fide by fide with him, the battles of falle returns on the very ground of a fcrutiny be the conftitution, little thinking that he would ing denied, was strongly infifted on. one day defert his principles, and lend himself spect to writs in the courts below, it was mainto be the inftrument of that fecret influence, tained, that the analogy was equally in favour which they had both combated fo fuccefsfully. of the proceeding then adopted; it being well He might have been prepared to find a formida known, that upon reasonable grounds being af ble rival in the right hononrabie gentleman; a figned, time was frequently allowed to the sheriff rival that would leave him far behind in the beyond the period fpec fied in the writ. purfuit of glory; but he never could have exrected, that he would have defcended to low, as to be the court perfecutor of any man. fancied, faid Mr. Fox, 1 faw in him to much generofity of foul, fo much elevation of mind, that fo groveling a paffion as malice could not have found an asylum in his beaft. If he think that it is merely for a feat in parliament that I am contending, he knows me not; but I was willing to take the hard task of ftemming the tide of mifreprefentation, that had artfully and ftudiously been diffeminated through the kingdom. I was defirous that the citizens of Weltminster, to whom my public measures were

With respect to the argument drawn from the dangerous purposes to which the power granted to returning officers might be abused, this was the cafe with every difcretionary power; and fimilar mifchiefs might on the other band be apprehended, if the power of refufiog a fcrutiny was lodged in them.

On the ground of expediency it was remark. ed, that no arguments drawn from that fource, however plaufible, could be admitted against the pofitive law of the land. The committee appointed by Mr. Grenville's act was a tribunal to try an election, not to make one, and the elec А ва 2

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tion was certainly not completed till the return was made. And what return could the high bailiff make in the prefent ftate of the business? it must be a double return; in which cafe the city would remain unreprefented, probably, for as long a period as by the prefent mode of proceeding; nay, perhaps, for a much longer, as no one could pretend to fay that their enquiries would be finished within one feffion; and if that fhould happen, the whole business mult be taken up de novo in the next.

In reply to the addrefs of Mr. Fox to the houfe, Mr. Pitt remarked, that he wondered not at tha: gentleman's zeal and eagerness to hold himself out to the world as the object of minifterial perfecution; it was well worth his while to endeavour to appear in that light; nay, he had no doubt but he would fuffer martyrdom itself, if he imagined it would reftore him to that rank in the esteem of the public, which he had forfeited by his deteftable conduct in politics, and thereby loft every portion of popular confidence. He acknowledged, that it would have been more for the cafe and convenience of adminiftration, to have let Mr. Fox take his feat quietly for Westminster; and that measure they fhould certainly have adopted, had they been more inclined to confult their own accom. modation than the just rights of the electors, and the true purposes of substantial justice.

An amendment was moved by Lord Mulgrave, to leave out of the original motion, all the words but that, and to infert the words following," the fpeaker do acquaint the high bai liff-fift, that he not precluded by the refolution of this houfe, communicated to him on the eighth of June laft, from making a return whenever he thall be fatisfied in his own judgment that he can fo do; and fecondly, that this houfe is not fatisfied that the fcrutiny has been proceeded in as expeditionfly as it might have been; that it is his duty to adopt and enforce fuch just and reasonable regulations as fhall appear to him moft likely to prevent unne ceifary delay in future; that he is not precluded from to doing by want of confent in either party; and that he may be affured of the fupport of this house in the discharge of his duty."

On the divifion there appeared, for the amendment, 174; against it, 135; and accordingly the high bailiff was called to the bar, and informed by the fpeaker of the foregoing refolution.

It appeared from this laft divifion, that the profecution of the fcrutiny was not defended by any thing like fo numerous a majority as during the preceding feffion. The novelty of the cafe, the fear of its being drawn into a precedent, the difficulties and delays attending it, and the appearance, whether well or il founded, that it exhibited of a perfonal perfecution, began to have their effect in the house. It was not therefore to be expected, that a conteft, which was commenced by the oppofition under the moft difcouraging circumflances, fhould be abandoned at the moment when it began to take a turn in their favour. Accordingly another petition, on the 18th of February, was prefented Colonel Fitzpatrick hom the electors, pay

ing to be heard by counfel at the bar, in defence of their just rights and privileger, and to ftate new fats, which they were not apprized of at the time of prefenting their former petition. The new facts, mentioned in the petition, related to an offer which was made by Mr. Fox's counfel, whilft in the parish of St. Anne, to go next into the parishes of Saint Margaret and Saint John (wherein Mr. Fox was ftated to be most vulnerable) but this propofition was refufed by the counfel for Sir Cecil Wray.

On the motion made by Colonel Fitzpatrick for calling in the counted to be heard, an amendment was moved by lord Frederick Campbell, "that the counsel be reftrained from going into any other matter than fuch as may prove the evidence offered at this bar on Wednesday, the 9th of February, defective and incomplete; or into fuch other matters as may have arifen fubfequent to the order of the houfe on the faid day."

This amendment his lordship propofed, he faid, to check the counfel from arguing againt the legality of the fcrutiny, which ought not now to be impeached, as the house had already given judgment on that head. The amendment, after much debate, was carried by a majority of 51-the numbers being, for the amendment, 203 against it, 145.

The counsel retufing to plead under the refrictions imposed on them by the refolution, the high bailiff was called to the bar, and examined as to the offer made by Mr. Fox's counsel, to go immediately into the parishes of Saint Margaret and Saint John. The high bailiff gave in evidence, that fuch an offer was made, and not accepted by the other party; and after being examined to fome other points, he was taken very ill, and obliged to withdraw. Colonel Fitzpatrick then moved, "That it appearing to this house, that Thomas Corbett, Elquire, high bailiff, having received a precept from the sheriff of Middlefex, for electing two citizens to ferve in parliament for the city of Westminster, and having taken and finally closed the poll on the 17th of May laft, being the day next before the day of return of the faid writ, he be now directed forthwith to make a return of his precept of members chofen in pursuance thereof."

This motion was rejected by a majority of nine only, the numbers for it being 136, against it 145. The fame motion was again brought forward on the 3d of March, by alderman Saw. bridge, and the question of adjournment was moved on it by the chancellor of the exchequer, which paffed in the negative-the numbers being for the adjournment 124, against it 162.The main queftion was then put, and carried without a divifion.

Thus, after a ftruggle in parliament for two feffions, terminated the Westminster fcrutiny, and the high bailiff the day following made a return of Lord Hood and Mr. Fox.

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Mr. Fox, the new commiffioners were directed, without delay, to examine into the origin and juffice of thefe claims; and a cautionary claufe was inferted, to forbid in future any of the company's fervants to acquire mortgages, or have any pecuniary transactions with the native princes of India.

In the regulating bill of the laft feffions, the cautionary clause was omitted by Mr. Put, but the examination into the nature and circumftances of the debt is referred to the court of direc

tors," as far as the materials they are in poffeffion of shall enable them to do; and it is enac ted, "that they fball give Juch orders to their prefidencies and fervants abroad, for compleating the investigation thereof, as the nature of the cafe fball require, and for establishing in concert with the faid nabob, fuch funds for the discharge of these debts which shall appear to be justly due, according to their respective rights of priority, as fball be confiftent with the rights of the faid united company, the fecurity of the creditors, and the beneur and dignity of the faid nabob."

The court of directors, in execution of the truft reposed in them, prepared orders to be fent to their council at Madras, in which, after flat ing the fufpicious circumftances under which mamy of the debts appeared to them to have been contra@ed, they direct them, in obedience to the pofitive injunctions of the act, to proceed to a more compleat investigation of the nature and origin thereof. Thefe orders being communicated to the board of contreal, were rejected by them, and a new letter drawn up, in which the claims of the creditors were all, with fome little limitation, eftablished, and a fund for their discharge affigned out of the revenue of the Carnatic, and the priority of payment fettled amongst the feveral claffes of creditors. At a meeting of fuch of the nabob's creditors as were in England, these orders were publicly read; and, on the ground of this proceeding, a motion was made in the houle of lords, by the earl of Carlisle, on the 18th of February, "That there be laid before the houfe, copies or extracts of all letters or orders iffued by the court of director, in pursuance of the injunc t.ons contained in the 37th and 38th claufes of the regulating act of the laft feffion."

In fupport of the motion, the dangerous confequences of fuffering the board of controul to fuperfede the authority of a pofitive act of parliament, and the fufpicious circumftances of its clandeftinely interfering in an enormous money trania&tion, the management of which had been exprelly delegated to other perfons by an act of the leg flature, were fiongly infifted on by the noble earl who made the motion, and by lord vifcount Storment, Lord Loughborough, in a long and eloquent speech, entered largely into the fraudulent and illegal nature of the nabob's debts, and into the fate of the revenues, in order to prove, that, even allowing the board of controul not to have been guilty of an arbitrary affumption of power, directly contrary to the provifions of the facute, yet, that their orders tended to authorize and give effect to tranfactions of the most corrupt and atrocious nature, highly injurious to the intereft of the company, and ruinous in their confequences to the whole country of the Carnatic. On the other fide, Lord Sydney declared he

faw no reason why he thould consent to the production of the papers called for. The noble earl had not thought proper to inform the house for what purpose he moved for them. Parliament had, for leveral feffions, been employed in debating upon the affairs of India, and it had not appeared that their affairs were the more profperous on that account. A new plan had juft been 2dopted for their better management; and would the house be fo uncandid as again to interfere, and not to give credit to the perfons entrusted with fo important a charge for the rectitude even of their firft measures? Lord Walfingham declared, that he believed the facts, upon which the motion was grounded, to be falle. Lord Rawdon was appréhenfive, lett the papers called for might convey dangerous information to our enemies. The lord chancellor took the fame ground, and also argued on the indecency, as well as the mifchief, of ditturbing the operations of government upon mere fuggeftions and furmifes. But the motion he said, was neither becoming their wisdom nor their convenience to adopt, fince no length of feffion would be capable of comprehending the whole of their business, if their time was taken up in debating on motions for papers, not founded upon any plea of neceffity, and fupported only by allufions to rumours from places which it was even below their dignity to hear named. These arguments prevailed with the majority, and the motion was rejected without a divifion.

Feb. 28th.

On the 28th, a motion to the fame effect was made by Mr. Fox in the house of commons. On this occafion, Mr. Dundas kimfelf undertook the defence of the board of controul. In the firft place he main-, tained, that the conduct of the board had been within the frict letter of the ftatute, infomuch as they are enabled, by a clause in the act, to originate orders in cafes of urgent neceffity, and to direct their being tranfmitted to ladia; nor had these orders been given till after a careful and fufficient examination into the subject. He contended, that the papers in the company's records at the India houfe contained as full information on every transaction relative to the debts as the court of directors could ever expect to receive. They had been examined and ftated by the court; they had been laid before the board of controul, and the arrangements directed by them had been fuch as appeared the mott fair and juft to all the parties concerned.

He next entered into a juftification of the debts themfelves. The debt of 1767, he said, was incurred by the nabeb, for the purpose of paying off a fum he owed the company, which was at that time in the utmoft diftref, and was borrowed at the rate of from 30 to 36 per cent. It was afterwards recognized by the court of directors, and the interest reduced to 10 per cent. though the creditors had themselves borrowed the money at a higher rate. The cavalry debt was not leis juft. It had been our policy to keep the troops of the nabob inferior to thofe of the company; intimation had been given to the nabob, that a part of his cavalry might be fpared. To the reduction propofed, the nabob made no other ob jection than the want of money to pay the arrears, for which his men were in a state of mutiny This the company was as little able to advance as

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the nabob, and the old method of borrowing was had recourte to; the company engaging its credit for the loan, and being therefore as much concerned for the payment of it as if they had borrowed the money themselves. With respect to the confolidated debt of 1777, he declared, that The board of controul had only fo far authorized thofe claims, as to leave them fill subject, first to the objections of the nabob, next to thofe of the company, and lastly, to thofe of all other creditors. This, he conceived, would be the most likely means to bring about the detection of the fraudulent claim, fince it would make it the intereft of the honeft creditors to bring to light thofe debts which will not bear an enquiry * He concluded, with cautioning the houfe, if they wished to have an established government in India, not to fuffer themselves to imbibe prejudices against a board that was but newly inftituted, nor idly and lightly to interfere with the executive power on all frivolous o'cafions.

Mr. Smith, the chairman of the court of directors, rofe next, and admitted, that fome of the debts ordered to be paid by the board of controul were jut and unexceptionable; but that others were of a very different complexion. He was followed by Sir Thomas Rumbold, who faid, that the old debt of 1767 was not fo free from fufpicion as the learned gentleman wifhed the house to believe, and that the fairness of the cavalry debt was ftill more liable to doubt. The time at which it was contracted, and the circumftances of Lord Pigot's fare rendered it fo confpicuous as to influence all good men against it. But as to the confolidated debt of 1777, it fwallowed up all the others, both by its magnitude and enormity. He declared, that he had fpared no pains to come at the truth, yet he never could get a fatisfactory account of it, either from the nabob or his creditors. The fams were lent in direct contradiction to the flanding orders of the company, which forbad their lervants from lending money to the princes of the coun try on any account whatfoever; but this, he be lieved, was not the worst circumftance attending the business.

Mr. Burke, in a speech, which, notwithBanding the unpromising nature of the subject, was perhaps one of the moft eloquent that was ever made in either houfe of parliament, went in to a full detail of the fubject. He contended, that the board of controul had no right whatfoever to intermeddle in the bufinefs; that when a fpecial authority is given to any perfons by name, to do fome particular act, no others, by virtue of general powers, could obtain a legal title to exercife thofe fpecial functions in their place. -Betfadmitting the legality of the proceed ing, they were undoubtedly fubject to the fame regulations, and bound to make the fame enquiries, that had been prefcribed to the court of directors.

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After fome pointed animadverfions on the narrow policy of the chancellor of the exchequer, who, whilft he was attempting, by a rigid inquifition into fees of office, to fqueeze the laborious ill-paid drudges of English revenue, was lavifhing millions, without examination, on those who never ferved the public in any honeft occupation at all, Mr. Burke called the attention of the house to the nature and circumstances of the pretended debts, on which this marvellous donation was founded, as well as to the perions from whom, and by whom, it was claimed.

He began with ftating, that fince the establishment of the British power in India, Madras and its dependencies, which, before that time, were among the moft flourishing territories of Afia, had wafted away under a gradual decline, infomuch that in the year 1779, not one merchant of eminence was to be found in the whole country. During this period of decay, near a million had been drawn from it anqually by English gentlemen, on their private account only.

Befides this annual accumulation of wealth, tranfmitted to Europe, it appeared that the nabob had contracted a debt with the company's fervants to the amount of 888,000 fterling, which, in the year 1767, was fettled at an intereft of ten per cent. About the fame time, the court of directors were further informed, that one million sterling had been leat by British fubjects to the merchants of Canton, in China; and that this fum bore an interest of 24 per cent. In the year 1777, a second debt from the nabob of Arcot, amounting to £2,400,000, was fettled at

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per cent. intereft; to this was added another, called the cavalry debt, of £160,000, at the fame intereft. The whole of these four capitals, amounting to £4.440,000, produced, at their feveral rates, annuities amounting to £623,000 a year, more than half of which flood chargeable on the public revenues of the Carnatic. Thefe annuities, equal to the revenues of a kingdom, were poffeffed by a small number of individual, of no confequence, fituation, or profeffion.

As one proof, amongst many, that these furns, if lent at all (and if not lent, the tranfaction was not a contract, but a fraud) was not property legally acquired, but spoil, he quoted the following paffage from a letter written by the nabob himfelt to the court of directors—“Your fervants "have no trade in this country, neither do you pay them high wages, yet in a few years they return to England with many lacks of pagodas. "How can you or account for fuch immenfe "fortunes, acquired in fo fhort a time, without

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any visible means of getting them?" Either way, therefore, Mr. Burke contended, if light enough could not be furnished to authorise a full condemnation of those demand, they ought to be left to the parties, who beft underflood each cther's proceedings; and that it was not necellary the authority of government fhould interpofe in favour of claims, whofe very foundation was a defiance of that authority, and whose object was its entire fubverfion.

But, faid Mr. Burke, the gentlemen on the other fide of the house know as well as I do, and they dare not contradict me, that the nabob and hi creditors are not adverfaries, but collufive

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