inferior to the general courts, where their acts were liable to be overruled by the proprietors; and that an advantage might be taken during the Christmas recefs, of fending the fupervifors far out of the reach of parliament. That this bill was no invafion of any charter, it was only an act to prevent a poffible evil; to prevent the Company from crowning all their former extravagance, by entering into an unneceffary and ruinous expence, when they were just upon the brink of bankruptcy.

On the other fide, the whole measure, as well as the unconftitutional nature of the committee from which it originated, were condemned in the most severe and pointed terms. It was faid to be neither more nor lefs, than a bill to fufpend the laws of the land; that it was fubverfive of rights, which the Company not only en joyed by charter, but had purchafed from the public, for high and valuable confiderations. That it difgraced the dignity of parliament, by a wanton exertion of authority, without a motive; that too many complaints were already loudly and publicly made, that every minifterial job was adopted as foon as propofed, without regard to reafon, argument, or confequences, whereby the refpect, and confidence, fo effential to the nature of parliament, were funk to a degree that could fcarcely be paralleled in the work of times. That adminiftration had found out an admirable method of rendering the Company great and glorious; they began, by plundering them, under the name of an agreement, of above two millions, and now put the last hand to the work, by taking ad

vantage of the distress principally caufed by that plunder, to deprive them of their charter, and overthrow their conflitution; first they tempt and terrify them into a ruinous extravagance of grants and dividends, and then as a punishment, deprive them of whatever this extravagance had left. That indeed the minifter was lavish in his declarations of his friendly intentions towards the Company; and thefe declarations must be confidered as a full compenfation for every thing they fuffered. It was farther faid, that this bill must be productive of the most fatal confequences with respect to the other funds, and put an end to all confidence in the public faith; and it was asked with great bitterness, what fecurity there could be in a country, where the royal charters, repeatedly ratified and confirmed by acts of parliament, could give no permanent establishment to property. That the argument of expence was a mere pretext to cover worfe defigns. That it was admitted fome fort of fupervifion was neceffary; and the objection of expence was equally applicable to any fort of fupervifion. As to the want of powers, it was faid, that if there was any defect of that fort in the Company's charter, they might be given with equal effect to the commiflioners who are legally appointed, and without any violation of the rights or charter of the Company.

To thefe and many other ftrictures, the diftrefies and extra 1gance of the Company, the neceffity of obferving the strictest œconomy in their affairs, together with a due regard for their weltare, which was fo intimately connected

with that of the ftate, and a just attention to the fecurity of their creditors, were deemed in general fufficient anfwers; it was alfo infifted on, that this measure was no invafion of their rights; and that if it had, the legislature had an unqueftioned right to interfere, to prevent their running headlong to ruin. Upon a divifion, the queftion was carried by a great majority, being fupported by 114 votes, againft 43 only, who oppofed the bringing in of the bill.

In the farther progrefs of this bill, a petition, couched in the ftrongest terms, was prefented against it by the India Company; and feveral of their fervants, confifting of the examiner of the records, the auditor of Indian accounts, the accountant general, and the fuperintendant of the cuftom-houfe accounts, were examined, by the Company's defire, at the bar of the Houfe of Commons, in order as well to fhew a true ftate of their affairs, as the misconduct and difobedience of their fervants abroad, and the confequent necefity of the fupervifion. In the courfe of thefe examinations it appeared, that the exorbitances and oppreffions ftill continued to be committed by the Company's fervants in India. Through their own imprudence, in afking needlefs or improper queftions, a full fhare of thofe charges, were brought direaly home, to fome of thofe gentlemen who were then fitting in the House.

It appeared, that fince the year 1765, the Company's expences had increafed, from 700,000l. to the enormous fum of 1,700,000l. annually. It alfo appeared, that government had received by the nett

duties, the indemnity upon tea, and the ftipulated 400,000 l. little lefs, than two millions annually from the Company. That the latter had loft by the indemnity agreement, from its firft commencement, at least one million; of which 700,000l. went to government, and the remainder to the purchafers. It was alfo fhewn, that government had profited, extraordinarily, by the Company, within the last five years, to the vast amount of 3,395,000l. viz. by the produce of the annual ftipulated fum, 2,200,000l. and by the increase of the revenue, compared on a medium with the five preceding years, 1,195,000l. That the whole of the Company's receipts of dividend during the fame period, fcarcely amounted to 900,000l. more than fix per cent upon its capital, which was the lowest trading dividend that had ever been made during the most expenfive and dangerous war. It appeared upon the whole, that the Company's mercantile profits during the above period, amounted on an average, 464,0col. annually, which would have afforded a dividend of twelve and a half per cent; fo that while government profited to the great amount we have mentioned, the Company and proprietary, inftead of

to

benefiting a fingle fhilling, loft confiderably of the dividend, which the profits on their trade, only, would have afforded. Thence they argued, that far from being delinquents, their merits with the publick were unparalleled by any example. That the abufes committed by their fervants, were fuch as they could not prevent, because they could not forefee; that when they were known, they endeavoured

by

by reiterated orders from home to correct them; that they had prepared various commiflions for that purpofe; one under Lord Clive; a fecond, which had been unfortunately loft; and a third, which contrary to their rights, was now propofed to be refcinded. They contended, that parliament could not take this step, as being contrary to public faith. The matters of fact in the petition, were stated by the evidence with clearness and precifion. We have been the more particular in this detail, as it will undoubtedly excite the admiration of future ages, to confider the power and opulence, which had been once in the poffeffion of a Company of English merchants.

A fecond report had been made during this time by the fecret committee, which contained a long ftatement of the Company's affairs; of their debts, credits, and effects, both at home and abroad. It was objected that this piece was fo overloaded with figures and accounts, and fo full of intricacies, that it could afford but little information, (except what was taken for granted from the grofs fums) within the narrow time that fuch information could be neceffary, with refpect to the prefent bill. This ftate of their affairs, was confidered by the Company and its friends, as a very unfavourable, if not unfair, reprefentation of them; and drew many ftrictures upon the committee, the darkness of its proceedings, and the doubtful information that could be obtained through fuch a medium. It was again lamented, that a fair and open enquiry had not been carried on, according to the happy genius and fpirit of the English conftitution, by which every

gentleman would have had an opportunity, of founding his opinion upon matters as they appeared to himself, and of requiring fuch explanations as he thought neceffary; that the time unavoidably fpent in fuch an investigation, would afford leifure for cool deliberation, and for digefting in fome degree, the feveral parts of fuch complicated matter; whereby, random opinions and hafty reports, framed in a hurry, and without a poffibility of feeing all the fides of the subject, would be precluded; and at the fame time, the parties concerned, would have an equitable opportunity of attending to their respective interefts, clearing up doubtful points, rectifying mistakes, and the fatisfaction of knowing the ground upon which measures were to be founded, in whose consequences they were fo deeply affected.

On the other hand it was urged, that the committee had acquitted itfelf of its truft with the most diftinguished fidelity, and dispatched and had gone through fo complicated a bufinefs in lefs time than could be expected; which could not have been done, if the committee had been open, and fubje& to debate on the feveral articles. That it is no wonder, that matters of account in fuch a bufiness should appear to produce different conclutions, according to the different manner of viewing and ftating them. But unlefs direct falfification were proved, the Houfe mußt neceffarily abide by the ftatement of those whom they had chofen for the purpose.

Upon the third reading of the bill, counsel was heard in behalf of the Company, after which debates arole. It was advanced by

the

the oppofers of the bill, that as the Company's legal right to the appointment of all its own fervants, and to the entire management and regulation of its internal affairs, had been fo clearly proved as not to admit of a queftion, and that the rapacity, mifconduct, and difobedience, of the fervants in the prefidencies abroad, was fo notorious as to be allowed on all hands, no reasonable objection could now lie to the exercise of that right, when its expediency, and even neceffity, were fo evident; and that as every delay in the prefent circumftances, must be ruinous in the highest degree to the Company, and proportionally prejudicial to the nation; it was to be hoped, that no farther oppofition would be made, to the carrying of the commiffion of fupervifion into immediate execution, and that the prefent bill would be rejected, as founded upon falfe principles, and of an unconftitutional and dangerous tendency.

To this it was answered, that the evidence given at the bar, and the arguments oppofed by the counsel against the bill, contained the ftrongest reafons that could poffibly have been brought to fhow the urgent neceffity of its being paffed. That they fully demonftrated the evils in India to be of fuch a magnitude, that nothing less than the legislature could reform them; that no powers could be granted to the fupervifion, competent to the remedy of fuch enormities; that the commiffion was befides faulty in its principles, as the governors and councils in the refpective prefidencies in India, were joined in power by it, with the fupervisors who were intended to be fent from England;

that as the number of the former was permanent, they must foon, by death or fickness become a ma jority; that by this means, the capital offenders, who were the authors of all the evils complained of, would become the judges of their own crimes, and the redreffers of their own oppreffions; was it then by men, who had long rioted with the moft unrelenting cruelty in the diftreffes of their miferable fellow-creatures, that juftice was to be reftored to her proper courfe, and the mischiefs which their iniquities caufed were to be removed?

That the legislature had a fu preme controuling power, to which all things muft, and ought to fubmit; that this power could never be applied with greater propriety, or benefit, than in the prefent inftance, when the welfare and fecurity of many millions, and the prefervation of great countries and revenues depended upon its exertion, That laws, as well as charters, muft fubmit to a change of times and feafons, and must be altered, modelled, or repealed, as circumftances, and the nature of things require; that it could never have been intended at the time of granting the Company's charters, to give them a power of legiflation over great countries, in which it was not poffibly to be fuppofed they ever could have any other footing, than a permiffion to trade as inmates and frangers. That India affairs were now under the confideration of parliament, and while matters were in this fufpence, it would be abfurd to allow the Company to proceed on their own bottom, and to fnatch the business out of their hands: either there was, or

there

'there was not, occafion for the interpofition of parliament; if there was, how could the Company pretend to act independent of them, after it had applied for relief to the minister? if there was not, why did they apply?

On the other fide it was observed, that parliamentary interpofition had hitherto been attended with very little advantage to the Company. That the last parliament had undertaken in the year 1767, the regulation of their affairs, and after spending the greater part of the feffion upon that bufinefs, the refult was, the extortion of a vast sum of money from the Company without an equivalent, and the leaving their affairs to fhift for themselves, without the fmalleft regulation; that their affairs had fince continued open to parliament, without any thing being done, but the making or renewing of bargains for the benefit of government, without the smallest attention to that of the Company; that a felect committee had been appointed in the preceding feffion, which had continued its fittings throughout the fummer, and it was not pretended that the Company had reaped any advantages from them; and that a fecret committee had newly ftarted up, the benefits of which were yet to be discovered, as nothing but complaints, had hitherto attended its proceedings. That if the Company was not armed with fufficient powers, for the punishment of its fervants, and the regulation of its governments in India, the fault lay wholly in administration, as a bill had been brought in for that purpose in the preceding feffion, which was laid by, under pretence of waiting for the difcoveries that

were to be made by the felect Committee.

That the evils apprehended, from the extraordinary powers of the fupervifion falling into the hands of the offenders in India, were merely imaginary; the Company had well forefeen, and effectually provided against thofe evils, in the body of the commiffion; no act of the fupervifion can be valid, without the presence of three of the commiffioners; the first of these is to have the cafting voice, and they are to be affifted by the governor, commander in chief, and fecond in council, only as inferior affeffors; and the fupervifors kave power, if they fee caufe, to dif mifs the governor and the whole council, and have a power of controul in all cafes.

That if the particular interests of the Company were confidered as matters of indifference, the great revenues and immenfe benefits it afforded to the publick, were not to be wantonly fported with; that as the reftraint in the bill was laid for fix months, and the feafon of the year would of neceffity continue it for fix more, twelve whole months, in the prefent critical state of their affairs, would be totally loft to the Company, before any intended regulation, whether by parliament, or otherwife, could poffibly take place; that this delay, might be productive of the most mifchievous effect, to the Company, as the grievances and evils, which they wanted to remedy or prevent, would have the accumulation of all that time added to their prefent amount; and as the defign of regulation, would be fo long known before-hand to the offenders, they would ufe fuch industry in their several departments, that there would

not