Summary of Proceedings in the present Seffion of Parliament. Mr. Beaufoy prefented a petition from Mr. Wilkinfon, a great iron manufacturer near Wolverhampton. It stated, that the petitioner, after having, at incredible expence, established an extenfive manufacture for extracting iron from ore, and manufacturing it on the fpot, had reafon to apprehend that, in confequence of the powers given by the poors' laws, his plans would be defeated, and his endeavours to ferve the publick and himself totally fruftrated for while he was at the trouble of collecting good workmen from every quarter, the parish-officers, fanctioned by the laws, might difperfe them, under the idea of their becoming burden fome to the parish. He prayed, therefore, that he might be permitted to propofe a plan, by which, without any incumbrance to the parish, he should be enabled to keep his men together. His fcheme was, that all perfons employed in his manufacture might be incorporated, and bound to provide for their own poor by fubfcriptions among themfelves; that, for this purpose, the diftrict in which they lived fhould be made extra-parochial, fo far only as related to the poors' rates, and that the parish might in no degree be liable to maintain any of them. He propofed to make the buildings he had erected at an expence of 52,000l. and the estates on which they food, anfwerable, which would render it scarcely poffible that the parish should incur any charges on account of his men; the property he was ready to flake being worth ten times more than the expence of maintaining them would amount to. Mr. Beaufoy moved for leave to bring up the petition; which being granted, it was read, and, on the motion of the fame gentleman, referred to a committee of the members for the Midland and Weftern counties. Mr. Kenrick prefented a petition from Sir Elijah Impey, ftating, that he was then attending the Houfe; and praying, that he might be heard in reply to the charges which had been exhibited against him. The petition having been read, the Journals were confulted for a precedent, when that relative to Mr. Haftings was adopted; on which Sir E. Impey was called in, and informed that the Houfe had refolved to hear him. Sir Elijah appeared in black, fulldreffed, with a word and tie-wig. At half past four he entered upon his defence; and though he did not ftop till a quarter after eight o'clock, he had not 323 got through his reply to the fingle charge relative to Nundcomar. He defended his conduct relative to that Rajah on many legal grounds: the authority of the fupreme court, he admitted, did not extend over all the inhabitants of the English provinces in India, but over the inhabitants of Calcutta it did. The Rajah had not been tried as a native of Bengal; but as an inhabitant of Calcutta, where he refided, where he committed the crime, and where, of course, he was amenable to the laws of the place. The law too on which he had been tried, was not an ex poft facto law; for, though the fupreme court of judicature in Bengal was not in existence when that law paffed, yet it extended to India in confequence of the charter of justice of the late king, fent ever in the 26th year of his reign. This he proved by a ftrong circumftance, viz. that in 1765 a native Indian had been tried and fentenced to be hanged at Calcutta for forgery, but was refpited, and afterwards pardoned by his Majetty. While Sir Elijah was proceeding in his defence, he was interrupted by Mr. Pitt, who wished that the further hearing might be adjourned, as the Gentleman at the bar must be nearly exhausted by the exertion of fpeaking for fo many hours. He could have wifhed, he faid, that the Gentleman had made his defence in writing, that it might be delivered to the clerk, in order to fpare him the fatigue of speaking. A converfation here arofe concerning the manner of giving in the defence; and it was agreed, that Sir Elijah thould be called in, and asked whether he intended to fubmit his defence in writing to the Houfe. Sir Elijah faid, he had minutes, but that in the progrefs of his defence he found it impoffible to speak from them; it was not, therefore, in his power to give in minutes of his defence. Elijah being again withdrawn, Sir Mr. Burke faid, this was a great advantage to the accuted, and as great a difadvantage to the accufer; the latter had delivered in his charges, which could not be altered or amended; but the former, not having committed his defence to writing, gentlemen must arwhich he might gue charge with error, and shift the ground as often as he pleated. This, however, he obferved merely as it might make it difficult for other gentlemen to compare the charges with replies imperfectly re from memory, collected: : collected for his own part, he had made this bufinefs his ftudy fo many years, that he fhould be at no lofs; his mind had long fince been made up on the fubject. Mr. Pitt thought this declaration imprudent in the prefent ftage of the bufinefs, as it would not fuffer gentlemen to form a very favourable opinion of the juftice of a perfon who, before he had heard the defence, could have finally and irrevocably made up his mind upon the merits of the cafe. Mr. Fox vindicated his right hon. friend, whose words would not bear the conftruction which the laft fpeaker had put upon them. He had not faid, that he had made up his mind finally and irrevocably; much lefs had he faid, that he had made up his mind without hearing the defence: he had fimply faid, that, after having made this bufinefs his study for many years, he had long fince made up his mind upon it. After fome little fparring, it was agreed, upon the motion of Mr. Pitt, that the further hearing of Sir Elijah fhould be adjourned to Thuriday. Tuesday, February 5. A few private petitions and bills were prefented, and read. Mr. Pelham prefented a bill for licenfing a theatre at Brighthelmftone, in the county of Suffex, which was read the first time. Mr. Grenville's bill, for regulating the intercourfe between Newfoundland and the United States of America, was read a fecond time, and ordered to be committed. Mr. Baflard gave notice, that, on this day fortnight, he intended to make a motion refpecting the late promotion of flag-officers. He gave this early notice, that thofe who were interefied in the bufinefs might be fufficiently aware of his intention. He did not know at prefent whether he fhould bring it for ward in the fhape of a refolution, or a fpecific addrefs to the throne, that thofe officers who have been overlooked may be restored to their rank: but, whatever mode he thould adopt, it would be his endeavour to demonftrate to thofe gentlemen, that, however individuals may act towards them, the nation at large preferved a grateful fenfe of their fervices. Ald. Watfon prefented a petition from fome British traders of South Carolina and Georgia, who had, previously to the lots of the colonies, many confider able fums of money due to them from the Cherokee Indians, which not being able to recover, the petitioners prayed that fuch relief might be afforded them as to the wifdom of Parliament fhould seem meet. The petition stated, that thofe Indians, finding the ufual refources for bartering, and of course for difcharging their debts, beginning to fail by the decrease of those animals which were the objects of their chace, and whofe furs were the only acquired wealth the favages poffeffed, propofed to cede to their creditors a large tract of country in discharge of those debts which they were unable by any other means to pay. The creditors readily accepted the offer, and would have taken poffeffion of the lands, if they had not been oppofed on the part of the Crown, his Majefty difapproving of any ceffion of lands by the Indians to Europeans. This bufinefs had been under difcuffion many years, and, owing to the interference of Government, their debts ftill remain unliquidated. Lord Maitland was of opinion, that their claim was well-founded; the publick had injured the petitioners, and ought therefore to repair the damage. Those people had for 18 years been endeavouring to obtain redrefs under various fucceffive adminiftrations, but in vain: they had been frequently referred to America for juftice, and as often referred back to England; and at laft they were come to Parliament, as their laft refort, for the recovery of their undoubted right. Mr. Put obferved, that it was rather premature to affert, before investigation, and without proof, that the right of the petitioners was clear and undoubted. No more could be faid after the most minute enquiry, and the establishment of that right on the most unquestionable evidence. The petition laid upon the table. Ald. Warfon moved, that the order of the day be read, for the House refolv ing itfelf into a committee of the whole Houle, to confider the petition of the corn-diftillers of England. The Houfe being accordingly refolved into a committee, Mr. Rofe in the chair, and counfel being called to the bar in fupport of the Scotch diftillers against the petition; Mr. Ald. Watfon ftated to the Houfe, that the diftillers of Scotland had, by mifreprefentation, obtained an act for taking the duties on Scotch Ipirits by a licence Summary of Proceedings in the prefent Session of Parliament. 325 licence of 11. 10s. per gallon on their ftills, instead of charging fo much per gallon on the fpirits actually diftilled. This duty was intended to be equivalent to a charge of 10d. per gallon on the fpirit manufactured. But the London diftillers complained, that though the calculation had been made upon the fuppofition of a ftill being worked only once in 24 hours, the Scotch diftillers had worked theirs from four to fix times in the 24 hours; by which means the quantity of fpirits actually diftilled exceeded the suppofed quantity in the proportion of from four and fix to one; and thus the duty, which was intended to have been icd. per gallon, did not amount to more than id. or, at moft, ad. So that the Scotch could underfell the London diftillers even in the London market; into which, within the fpace of one year, they had actually imported above 900,000 gallons, a quantity exceeding by 90,000 gallons the fuppofed produce of the whole diftillery of Scotland; and thus thefe 90,000 gallons, together with the entire home confumption of the country, paid no duty. On the other hand, it was contended by Meffrs. Grant and Campbell, counfel for the Scotch distillers, that, if their clients diftilled four times in 24 hours, their ftills were frequently burnt, and their fpirits damaged, which often occafioned a fufpenfion of work for four or five days, while the damaged ftills were repairing. Thefe were drawbacks upon their profits, which ought to be taken into account. It was faid that the London diftillers paid a duty of 2s. 9d. per gallon; but the Scotch infifted that the duty was only 2s. 6d. It was admitted that the Scotch paid 2d. per gallon at home, and 25. on the importation into the port of London; they, therefore, without any poffibility of a fraud, paid full 2s. 2d. upon every gal Jon of spirits that was actually diftilled by them. Whereas it was notorious that great frauds were committed in London upon the revenue; fo that if, out of the 2s. 6d. paid by the London diftillers, was deducted the lofs fuftained by the revenue, in confequence of concealments from the Excife officers, it would be found that the Scotch pay infinitely more, instead of less, than the diftillers of London. Witnefles were examined on both Aides, to prove their feveral allegations; and the examinations having lafted till eleven o'clock at night, Mr. Pitt moved, that the chairman fhould leave the chair, report progress, and afk leave to fit again. The motion paffed without debate; the Houfe was then refumed, and immediately adjourned. Wednesday, February 6. Mr. Frederick Montagu, chairman of the committee appointed to infpect the building erected for the trial of Mr. Haftings, and to fee what accommodations were prepared for the Houfe of Commons, reported, that the committee had found in the building a place fet apart for the members, in which 400 could fit commodiously. He then moved feveral refolutions, copied from thofe which had been adopted previously to the trial of Dr. Sacheverell, fuch as-that, when it should be time for the members to repair to the court of peers in Weftminster-hall, to attend the trial, the Houfe fhould be called over by counties-that the members fhould not leave the Houfe before their names were called that they fhould repair to the Hall in the order in which they are called, except the Speaker, who should stay laft in the Houfe, that he might fee all the others proceed regularly.-Thefe refolutions palfed without debate or division. Mr. W. Grenville gave notice, that in the courfe of a fortnight he would bring in a bill for fettling the commercial in tercourfe between this country and America. Mr. Baring wifhed that fo important a bufinefs might not be brought forward in the prefent Parliament, which proba bly would foon die an untimely death. Mr. Grenville did not know that the prefent Parliament was near its diffolution; but he knew the neceffity of bringing forward a bill for the purpose he had mentioned, and thould not, therefore, alter the determination he had come to refpecting it. A petition was prefented in behalf of the proprietors of Sadler's Wells, praying leave to bring in a bill to enable his Majefty to grant them a patent for continuing their prefent amufements. The petition was ordered to be referred to a committee. The Houfe having refolved itself into a committee of the whole Houfe on the corn-diltillery, and Mr. Rofe having taken the chair, The The Chancellor of the Exchequer obferved, that, from what had been ftated in evidence last night, it was clear the Scotch diftillers enjoyed in the London market advantages over the London diftillers, which it was not the intention of the Legiflature to allow them when the act paffed for altering the mode of collecting the duties on diftilled fpirits in Scotland. The Legiflature, indeed, intended that the Scotch diftillers fhould derive, under that act, an advantage in the Scotch market; but it never meant that they should be able to fell their fpirits in London on better terms than the London diftillers. It was his wish to mediate between them, and to equalize the duty as fairly as poffible: he knew that this was a delicate tafk; and that, by attempting to please both, he might be fo unfortunate as not to please either. However, his duty to the publick compelled him to make an effort. The London diftiller paid 28. 9d. per gallon; the Scotch nominally 10d. but, in reality, not more than from 2d. to 3d. to which the import duty of 2s, being add ed, the whole would make 2s. 3d. or thereabouts: he propofed then, in order to equalize the duty in both kingdoms, that an additional duty of 6d. per gallon fhould be laid upon fpirits diftilled in Scotland, and imported into England. He concluded with faying, that it was the opinion of the committee, that this additional import duty of 6d. per gallon be laid upon Scotch fpirits. Sir Wm. Cunyngbame was of opinion, that as the pielent duty was fettled by the mutual confent of both nations, and fanctioned by an act of the Legiflature, the faith of Parliament was pledged that the act should remain in force the full time for which it was originally paffed. The Scotch diftillers had, upon the faith of this act, laid out great fums of money, and confequently must be great lofers by any step to haften the diffolution of the act, which of itself would expire in the month of July. Mr. Put replied, that if the Scotch bad availed themfelves of the new mode of collecting the duty on fpirits in Scotland, for the purpofe of fupplying their own market, they would then have enjoyed an advantage which the Parliament intended they should poffefs. But when they worked their fills three times oftener in the 24 hours than it was thought they would, or than, according to the fpirits act, they ought, for the purpose of fupplying the Lon. don market at a much lower duty than the London diftillers paid, then they aimed at an advantage which Parliament never intended they should enjoy; and therefore they could not complain of a breach of faith, if the legislative power fhould deprive them of an advantage, which it would be injurious both to the publick and to individuals that they hould continue to enjoy. Mr. Pulteney, Sir Adam Ferguson, and the Marquis of Graham, agreed that, though Scotchmen, they thought Mr. Pitt's equalizing duty equitable in its principle, and, they believed, juft in its calculation. The Minifter's refolution was then put, and carried without a divifion; after which the Houfe was refumed, and immediately adjourned. Mr. Marbam moved for leave to prefent a petition from the fupervisors and other officers of excife, praying for an increase of falary. Mr. Pitt objected to the petition, as informal, in not having obtained his Majesty's concurrence; and it was rejected accordingly. Sir Peter Burrell moved, that he might have leave to attend the Houfe of Lords, at the trial of Mr. Haftings, as Lord High Chamberlain; leave was granted. Sir Grey Cooper prefented a petition from a class of American lovalifts, who, he fad, flood in a very different predicament from that of all their brethren, and whofe claims would be found, upon enquiry, to be as ftrong upon the juftice of this country, as thofe of their brethren was upon its humanity. The men he alluded to were thofe, who, during the progrefs of the war, had, on the requifition of the proper officers, fupplied the British armies, at different times and places, with ftores and ftorehoufes to a very confiderable amount. At the end of the war they had applied, in common with other claimants, for reparation; but what was their furprize, on being told by the first commiffioners for inveftigating the claims of American Loyalifts, that they were not confidered as coming within their cognizance! Upon every tresh commiffion inftituted up. on that bufinefs, they had renewed their applications without effect to this day. They therefore now laid themfelves at the Summary of Proceedings in the prefent Seffion of Parliament. the feet of Parliament, fimply praying of them, that an enquiry may be inftituted into the juftice of their claims.The petition, after a fhort obfervation from Mr. Pitt, was received. The refolution of the committee on the Scorch diftillery duty bill was brought up by Mr. Rofe, read, and agreed to by the Houfe, and leave was given to bring in a bill founded on that refolution; it was brought in immediately, and read the first time. Sir William Cunynghame moved for leave to present a petition from the Scots diftillers at large, the former petition having been from only a fmall number of them; praying leave to produce evi dence, and to be heard by counsel against the allegations on which the bill was founded. The Chancellor of the Exchequer objected to hearing evidence to the fame purpose with that already heard, as tending to introduce a fyftem of delay that would extremely retard bufinefs. The Speaker was of the fame opinion; and faid, there was no precedent for receiving a petition under fuch circumftances. It was, however, after fome converfation refpecting the point of order, agreed that a new petition fhould be prepared; and that, if a precedent could be found, the petitioners fhould be heard on the fecond reading of the bill. Mr. Francis obferved, that when Sir Elijah Impey was laft before the Houfe, he had read a paper, lefs calculated for the purpose of exculpating himself, than of criminating the fupreme council of Bengal, or at least the three members of it (Sir John Clavering, Col. Monfon, and Mr. Francis) who at the period alluded to conftituted the majority of that Council. Sir Elijah's object in reading that paper was to fhew, that the council had approved of the proceedings of the fupreme court of judicature in the cafe of Nundcomar; and confequently that he (Mr. Francis), the only furvivor of the majority of that council, was inconfiftent in now condemning what he had formerly approved fo much, as to have moved, that the dying petition of Nun comar fhould be burnt by the hands of the common hanginan at Calcutta, be cause it was a libel on the judges who had tried Nundcomar. Sir Elijah had informed the Houfe, that the original petition was burat by the common hangman; but that he had a copy of the tranflation, altered and corrected by tvir. 327 Haftings himfelf. If that copy was laid before the House, as in juftice to his character it ought to be, he would pledge himself to give a full and fatisfactory answer to the infinuations thrown out by Sir Elijah; and he would fuffer his name to be handed down to pofterity with infamy, if he fhould fail in that anfwer. He then moved, that Sir Elijah Impey be called in, and required to deliver to the Houfe the papers which he had read in his defence purporting to be a tranflation of a petition from the Rajah Nundcomar, and delivered by General Clavering to the fupreme council of Bengal in the month of August 1775. Mr. Pitt, the Solicitor General, Mr. Hardinge, Mr. Scott, and the Mafter of the Rolls, infifted, that it would be un juft to oblige an accufed man to give out of his poffeffion a paper that he might think neceffary for his defence.They admitted, however, that it would not be improper to ask him for a copy of it; and agreed that, if he refufed it, the Houfe ought to throw away from its recollection whatever part of the defence should be grounded upon that pa per. On the other hand, Mr. Fox, Mr. Burke, and Mr. Adam, maintained, that the very paper itself, and not a copy, fhould be produced; and that, if Sir Elijah fhould refufe to produce it, he ought to be compelled to deliver it. The Houfe had not ordered him to attend at their bar; he had voluntarily appeared, to ftate reafons that might induce the Houfe to drop the acculation against him, and not to fend it up to the Lords. In the courfe of thete realons he quoted a paper that might have great weight with the Houfe-perhaps fo much as to induce them to drop that charge: but was it not poffible that the paper might be a forgery? and would it not there. fore be abfurd to drop the accufation upon the authority of a paper which the accufed would not permit the Houfe to examine, in order to form a judgement of its authenticity? Mr. Pitt, adhering ftill to his own. opinion, moved an amendment to Mr. Francis's motion, that inftead of "be required to deliver," the following words fhould be infested, " be asked if he has any objection to deliver." After a long converfation, the Houfe divided upon this amendment, which was carried by a majority of 63-aves 107-10es 44. Immediately after the davilion, Sir E. Am |