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must prove equal guilt in the witness? Why not ask the same questions of witnesses not in responsible offices, who might know these facts, but not be guilty of them.

Sir George Savile. I take this principally to be a question not concerning the eligibility of Mr. Beacher to be a witness at all, because we have begun his examination, and there would be much impropriety in then determining that his exami nation is of no value; but the point which alone demands attention is, whether he shall be asked questions, the answers to which must condemn himself. Now, this is so contrary to law, to reason, to common sense, and the practice of this House, that I am amazed it can be made a matter of debate. The question put to the witness was such a one as ought not to be put; it was such a one as he could not

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Mr. Beacher was examined three several times. Lord Clive's evidence before the Committee was read, upon which his lordship made a short speech; he concluded with these words," Take my fortune, but save my honour," and then retired from the House.

General Burgoyne then made the fol. lowing motion: "That it appears to this House, that Robert lord Clive, baron of Plassey, in the kingdom of Ireland, about the time of the deposing of Surajah Dowlah, nabob of Bengal, and the establishing of Meer Jaffier on the musnud, did, through the influence of the powers with which he was intrusted as a member of the select committee, and commander in chief of the British forces, obtain and possess himself of 2 lacks and 80,000 rupees as member of the select committtee; a further sum of 2 lacks of rupees as commander in chief; and a further sum of 16 lacks of rupees, or more, under the denomination of private donation; which sums, amounting together to 20 lacks and 80,000 rupees, were of the value, in English money, of 234,000l., and that in so doing the said Robert lord Clive abused the powers with which he was intrusted, to the evil example of the servants of the public."

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General Burgoyne declared, that, if his resolution passed, he should propose one relative to the noble lord's jaghire.

Sir W. Meredith warmly seconded this resolution.

Mr. Stanley objected, that the said motion contained a complicated question; and moved, that it be divided into two [VOL. XVII.]

questions, the first part ending with the words "English money of 234,000l." This was agreed to by the House.

The question was then put, "That Robert lord Clive, baron of Plassey, in the kingdom of Ireland, about the time of the deposing of Surajah Dowlah, nabob of Bengal, and the establishing of Meer Jaffier on the musnud, did, through the influence of the powers with which he was intrusted, as a member of the select committee, and commander in chief of the British forces, obtain and possess himself of 2 lacks and 80,000 rupees as member of the select committee; a further sum of 2 lacks of rupees as commander in chief; and a further sum of 16 lacks of rupees, or more, under the denomination of private donation; which sums, amounting together to 20 lacks and 80,000 rupees, were of the value, in English money, of 234,000l."

Mr. Rose Fuller proposed an amendment, by leaving out the words, "through the influence of the powers with which he was intrusted, as a member of the select committee, and commander in chief of the British forces." This amendment occasioned a long debate, which lasted till five in the morning, when the House divided The Yeas went forth.

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So it passed in the negative; and the main question being put was carried without a division.

General Burgoyne next moved, "That Robert lord Clive, did, in so doing, abuse the power with which he was intrusted, to the evil example of the servants of the public." Upon which, Mr. Stanley moved the previous question, which was negatived without a division. After which the original question was carried. Mr. Solicitor General then moved, "That Robert lord Clive did, at the same time, render great and meritorious services to this country," which passed in the affirmative.

Debate in the Commons on the Resolutions relative to the future participation and disposal of the Surplus Profits of the East India Company. May 25. The House having resolved itself into a Committee of the whole House, to take into [3 L]

further consideration the Affairs of the East India Company, Mr. Bacon in the chair, the Petition presented by the East India Company on the 3rd instant being read,

Lord North said:

application of such clear revenues and profits to the purpose aforesaid, and for thereby effecting the more speedy discharge of the debts of the said Company."

All I mean, Sir, in these resolutions, is, the security of the creditors and the proprietors; for such reports have gone abroad, of the designs of the Company to put off the payment of their debts, as to render it a serious consideration: it has been said that they have been informed by their lawyers, that they can delay paying the Bank for a year and a half, by legal practices: I hope such will never be attempted to be put in execution; but, Sir, the Company's course of payment must be very different; the words of the resolution I have read, tie them down only to an observance of common justice and those rules and principles of payment which I believe were always observed by the Company when their affairs were in common order. As to the second resolution, it is merely an enforcement of the first.

Mr. Dempster. I must beg leave, Mr. Speaker, to offer one remark on a some thing which the noble lord let fall. That after the usual out-goings, &c. are paid, the Company is to pay her debts due, when demanded: does the noble lord un

Mr. Bacon; the present situation of our enquiry into the affairs of the East India Company renders it necessary to take notice of those principles and arguments upon which the petition before us depends. I mean, Sir, to explain myself upon this matter in the most candid manner I am able; and I do assure the advocates for the India Company, that in whatever stage of this business I shall be found, I shall on no occasion have any other idea than the advancement of the interests of the public and of the Company, mutually. It has been matter of debate in the court of directors, and the general court, whether to accept, or reject the loan of 1,400,000l. from government; and we have now before us a petition complaining of the terms annexed to that loan: it turns upon restraining the dividend to 6 per cent.; upon the division of the territorial revenue; and upon the appropriation of the fourth, which is left to the Company. It is upon these points, Sir, that we are given to understand the Com-derstand by out-goings, the dividendpany will not accept the proffered loan of 1,400,000l. I am very sorry to find any opposition in the Company to terms which are so much in favour of the security and stability of their own credit; however, Sir, I have two resolutions to move upon this occasion, on which I must observe, that I should be sorry to have them understood as the least in the stile of menace to the Company; on the contrary, I have not the least resentment at any thing that has passed. It would be improper, Sir: and the reflections that have been made are unjust. The Resolutions are as follow: 1. That the clear revenues and profits of the East India Company, after the current payments of interest, and other outgoings, charges, and expences, of the said Company, shall have been thereout allowed and deducted, ought, from time to time, to be applied, in the first place, to the discharge of such debts as, being due and payable at the time, shall be demanded by the respective creditors. 2. That, in the present situation of the East India Company, it will be highly expedient, that some provision be made by parliament, for more effectually securing the

that is a reasonable and honest dividend on their capital; for instance, 6 per cent. or does he mean that the payment of the debts is to precede such or any dividend? And another circumstance upon which I wish the noble lord would satisfy us in the demand of government upon the Com pany, for repayment of the loan of 1,400,000l. in case it is accepted—is this creditor to be an importunate one, and to precede a reasonable dividend?

Lord North. Certainly, Mr. Bacon, I do not mean in any case to exclude a just and reasonable dividend for that, Sir, would be to act contrary to all the princi ples of commerce by companies; all that is expressed or implied in the resolutions ! have moved, is to keep the Company, in the present case, to those rules which I believe were always her guide in other cases; and to prevent any hasty and unjust conduct towards her creditors, in or der to escape her present difficulties, with out accepting the loan from the public. As to the repayment of the loan itself preventing the dividend, the terms of the former resolutions, precisely explain it, for there a dividend of 6 per cent. is ex

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pressly allowed till the repayment of the | the article of contingent expences in fu1,400,000/.

Mr. Dempster. If the noble lord's resolutions go no further, I have no doubt but they will be acceptable to the proprietors in general, as they express nothing more than what I am clear the Company mean to perform.

Governor Johnstone. Mr. Bacon, it is very evident from what the noble lord has said, that these resolutions which he has moved, are in consequence of the supposition drawn from the petition before us, that if the conditions annexed to the offer of the loan of 1,400,000l. are adhered to, the Company will not accept it; and this view of the matter renders it necessary for me to explain to the House the points wherein the difference lies, and which the Company thinks very hard upon them. Sir, the first article of difference is, that restraining them to a dividend of 6 per cent. whereas they think 8 per cent. would be perfectly reasonable, and absolutely fair to all parties, and to every in

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ture. It has been remarked, Sir, that during that period we run 800,000l. in debt; now here, Sir, I have made out 700,000l. of it besides the extras I mentioned before: surely from this account we may justly state the commercial profits at 8 per cent. But, Sir, why are we not to take into our view the superiority of our present state in India, to what it was in that period; a superiority so great, and affecting our trade so much, that there is not a shadow of probability of the commercial profits not being considerably longer; in such circumstances to reduce the dividend to no more than 6 per cent. the Company think very hard.

In the next place, Sir, they differ with the noble lord upon the division of the revenue of the territorial acquisitions; instead of the public taking three fourths, they think half would have been fully sufficient. Upon this point I am not strenuous, because I think the government had better take the three fourths, and then let the Company alone, than only take half, or even a quarter, and foist management upon them. The next point of difference is the application of the fourth remaining to the Company; upon this head the noble lord was so guarded-so cautious in his expressions-and so fortified in what he said the day when he moved those resolutions, that I know not whether the noble lord, as it has since been said, will insist upon that article; but if it is in

The noble lord asserted, that his reaBons for fixing it at 6 per cent. was the presumptive proof given by your committees, that that was as high as could be afforded; for that though 8 per cent. had been divided for many years, yet it never appeared that the commercial profits of the trade amounted to 8 per cent. In answer to this, Sir, I shall observe, that there are many reasons to suppose the actual dividend of 8 per cent. was a just assisted on, the directors, the proprietors, well as a nominal one, and such as the commercial profits of the Company would well allow; for let it be considered, that in that period in which the dividend was so stated by the secret committee, there were expences beyond the usual line, and such as there is not the least reason to suppose will come again.

For instance, Sir, there was the 400,000l. paid to government in the subscription of the 3,200,000l. lent to the public; there were the losses of Fort St. George, Fort St. David's, and two expensive wars, such as we are not to look to again, the loss of a complete investment of 300,000l. two sums alone amounting to 700,000l. besides the expences of wars, which I think might be reckoned, because they lead so strongly to the territorial acquisition which government now claims; and besides the sum of 200,000l. paid for the renewal of their charter, which I do not take in, as it may be said to come under

myself, and, I believe, the whole world will equally condemn it as arbitrary, unjust, and breaking the absolute chartered rights of a free people: I think it the severest stroke that ever despotism offered to a free company.

The noble lord seems to have had bad information in certain points; and it is the misfortune of ministers, that those men who make it their business to be talebearers, are seldom men of integrity; for such will not undertake such an office. The noble lord seems to have had wrong intelligence of the conduct of general courts; I do declare that they have been, wherever I have been present, very decent and orderly; and never wanting in respect to the noble lord-ever speaking of his character in terms of respect, until the new Bill for regulating the Company was read to them-then, indeed, they were very indecent and disorderly, thinking some of the terms of it highly injurious to

Lord North said:

their rights; and I shall observe for my- | tablishing certain Regulations, for the self, that I think the appointment of a go- better Management of the Affairs of the vernor general, council, and judges in the East India Company, as well in India crown, in the manner set forth in the Bill, as in Europe." On moving that it be is at one stroke annihilating the Company, read a first time, and transferring the monopoly to the crown, equally unjust to the Company, and ruinous to the nation; the crown by this will gain such an increase of wealth and power as she never gained yet; and if the Bill passes, this acquisition will be found fatal to liberty.

I would say one word respecting the conduct of the direction; they have acted very wrong to be sure, and had they managed as they might, I do admit that the 400,000l. a year paid to government, and even more, might have been well paid, and in continuance; but, Sir, they were deceived by a noble lord who has been the object lately of much eulogium in this House; he wrote home that their affairs were fixed on such a foundation, that even hypocrisy could not introduce corruption —and advised them to send for the round sum of a million; the noble lord was deceived himself, for he could not possibly have any private interest in making such representations: but, Sir, the directors are somewhat to be excused in their conduct, when they acted in consequence of such representations.

Sir; the interposition of parliament in the affairs of the East India Company, though it has occasioned something of a turn of proceedings in the general courts which I think unwarrantable, has met, Sir, with the approbation of all moderate, well-informed and considerate persons. I have had the honour of proposing a series of Resolutions drawn up with a view of regulating the Company's affairs in future: from these resolutions I have framed a Bill, which I now beg the permission of the House to bring in. Since these matters have been under consideration, the right and motives of parliament have been. strangely questioned in the whole business, much of which I apprehend has been owing to the jobbers in the Alley. Restraining the dividends in different periods, as it prevents the fatal effects of gambling in India stock, so it must certainly meet with all possible opposition from a set of men whose greatest profits are in propor tion to the fluctuation of the stocks; whereas this Bill is meant to prevent As to the present state of the Company, fluctuation. The public has been much I am clear they can extricate themselves amused with projects for the Company's without accepting the loan from parlia- raising the sum of a million and a half, ment; they have creditors certainly, but without accepting what they before apnot clamorous ones; the bill-holders will plied for to government. Sir, this de be induced to delay as they ought, consi- mands two considerations; first, relative dering their gains; and the Bank is con- to the possibility of the Company's fairly ducted with so much justice and integrity, executing such a scheme-while they are and meaning strongly to befriend the daily submitting themselves to pay great Company, as I judge from the conversa- interest for their actual debts to govern tions I have had with some of the direc- ment, on default of payment of customs tors, and particularly Mr. Paine, who I and excises; we may easily conceive that really believe is a man of as great honour in any situation schemers and projectors and worth, as any I know,-that I think will appear who can promise wonders upon the Company has not much reason to fear paper, that are wild and impracticable. from any undue demands-hasty ones-Can the Company suppose the legislature from the Bank. The Treasury indeed may be importunate-we admit that.

Lord North answered the governor pretty clearly in some parts of his speech, but in general lightly touching the more essential points.

The Resolutions were then agreed to.

Lord North's Speech on presenting the East India Company's Regulation Bill.] May 18. Lord North presented to the House, according to order, a Bill" for es

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to be drawn aside from their important purpose by such idle imaginations? Next, Sir, I must suppose the case-If the Company does not find it expedient to borrow of government, can it possibly be sup posed that therefore the interference of parliament in their affairs is to be dropped? Is this to be imagined? It is impossible, Sir, but the candid part of the Company must be sensible, and acknowledge, that the right, duty, and propriety of the state to interpose in this case is essentially ne

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Petitions of the City of London and of the East India Company against the East India Company's Regulation Bill.] May 28. Sir Watkin Lewes, one of the sheriff's of London, presented, at the bar, a Petition from the lord mayor, aldermen, and commons, of the city of London, in common council assembled. And the said petition was read: taking notice of the Bill for per establishing certain regulations, for the cet better management of the affairs of the der East India Company, as well in India as in Europe; and setting forth.

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"That the petitioners are of opinion, that the said Bill is a direct and dangerous attack on the liberties of the people, and will, if passed into a law, prove of the most fatal consequences to the security of property in general, and particularly the franchises of every corporate body in this kingdom; and that the petitioners are the more alarmed by these proceedings, as the privileges the city of London enjoy stand on the same security as those of the East India Company; and that the Bill has been brought into the House with a degree of secrecy incompatible with the principles of the constitution in matters of such public concern: and therefore praymarising the House, that the said Bill may not pass into a law.”

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A Petition of the united company of merchants of England, trading to the East Indies, was also presented to the House, and read; taking notice of the Bill for establishing certain regulations, for the better management of the affairs of the East India Company, as well in India as in Europe; and setting forth,

"That the said Bill, if passed into a law, will destroy every privilege which the petitioners hold under the most sacred securities that subjects can depend upon in this country; and that the appointing of officers by parliament, or the crown, to be vested with the whole civil and military authority of the presidency of Bengal, and also the ordering, management, and government, of all the territorial acquisitions and revenues of the Company, in the kingdoms of Bengal, Bahar, and Orissa,

together with the other superintending powers over the settlements of Bombay and Madras, independent of any choice in the Company, or any real power of controul in the directors or general courts of the said Company, or power in the said Company of removing the said officers for misbehaviour, or filling up of vacancies in case of death or avoidance, is a measure so extraordinary (while the possessions are alleged to remain in the Company) that the petitioners beg leave to call the attention of parliament to this most alarming circumstance, before the House shall give a sanction to an act, which, under the colour of regulation, will annihilate at once the powers of the East India Company, and virtually transfer them to the crown; and that the said Bill is destruc tive of the essential rights and interests of the petitioners in many other respects; and is further defective as to many of the purposes for which it is declared to be framed; and that the petitioners look upon this Bill as tending to destroy the liberties of the subject, from an immense addition of power it must give to the influence of the crown; and that the petitioners have never been made acquainted with any charge of delinquency having been made against them in parliament, and if any such charge has been made, they have never been called upon to be heard against it; and that they cannot therefore suppose that any such delinquency on the part of the Company has been voted; which de linquency, however, is made the ground of this Bill: and therefore praying, that they may be heard, by themselves or counsel, against the said Bill; and that the same may not pass into a law.”

Debates in the Commons on the East India Company's Regulation Bill.] The House then resolved itself into a Com mittee on the Bill for regulating the Affairs of the East India Company; and counsel were heard in behalf of the Company pursuant to the above Petition.

Mr. Mansfield spoke three quarters of an hour; Mr. Adair, also counsel for the Company, half an hour; when they were ordered to withdraw, and the debates commenced. Almost each sentence of the Bill afforded a topic for censure; clause by clause was disputed; and each disputant tried his ingenuity at filling up the blanks. Mr. Dowdeswell arraigned, in the severest terms, almost the whole of the Bill; he called it a medley of inconsis

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