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when a man threw a stone at him, which he returned with a difcharge of small shot, (with which one barrel of his double piece was loaded). The man, having a thick mat before him, received little or no hurt: he brandifhed his fpear, and threatened to dart it at Captain Cook, who being ftill unwilling to take away his life, instead of firing with ball, knocked him down with his mutket. He expoftulated ftrongly with the most forward of the crowd, upon their turbulent behaviour. He had given up all thoughts of getting the king on board, as it appeared impracticable; and his care was then only to act on the defenfive, and to fecure a safe embarkation for his fmall party, which was clofely preffed by a body of feveral thousand people. Keowa, the king's fon, who was in the pinnace, being alarmed on hearing the first firing, was, at his own entreaty, put on fhore again; -for even at that time Mr. Roberts, who commanded her, did not apprehend that Captain Cook's perfon was in any danger: otherwife he would have detained the prince, which, no doubt, would have been a great check on the Indians. One man was observed, behind a double canoe, in the action of darting his fpear at Captain Cook, who was forced to fire at him in his own defence, but happened to kill another clofe to him, equally forward in the tumult: the ferjeant obferving that he had miffed the man he aimed at, re. ceived orders to fire at him, which he did, and killed him. By this time, the impetuofity of the Indians was fomewhat repreffed; they fell back in a body, and feemed faggered: but being pushed on by those behind, they returned to the charge, and poured a volicy of itones among the marines, who, without waiting for orders, returned it with a general difcharge of mufketry, which was inftantly followed by a fire from the boats. At this Captain Cook was heard to exprefs his aftonishment: he waved his hand to the boats, called to them to cease firing, and to come nearer in to receive the marines. Mr. Roberts immediately brought the pinnace as close to the fhore as he could, without grounding, notwithstanding the fhowers of ftones that fell among the people: but Mr. John Williamfon, the lieutenant, who commanded in the launch, inftead of pulling in to the affiftance of Captain Cook, withdrew his boat further off, at the moment that every thing feems to have depended upon the timely exertions of thofe in the boats. By his own account, he mistook the fignal: but be that as it may, this circumstance appears to me, to have decided the fatal turn of the affair, and to have removed every chance which remained with Captain Cook, of efcaping with his life, The business of faving the marines out of the water, in confequence of that, fell altogether upon the pin
nace; which thereby became fo much crouded, that the crew were, in a great measure, prevented from using their fire-arms, or giving what affiftance they otherwife might have done, to Captain Cook; fo that he feems, at the most critical point of time, to have wanted the affittance of both boats, owing to the removal of the launch. For notwithstanding that they kept up a fire on the crowd from the fituation to which they removed in that boat, the fatal confufion which enfued on her being withdrawn, to say the leaft of it, muft have prevented the full effect, that the prompt co operation of the two boats, according to Captain Cook's orders, muft have had, towards the prefervation of himfelf and his people. At that time, it was to the boats alone that Captain Cook had to look for his fafety; for when the marines had fired, the Indians rufhed among them, and forced them into the water, where four of them were killed: their lieutenant was wounded, but fortunately efcaped, and was taken up by the pinnace. Captain Cook was then the only one remaining on the rock: he was obferved making for the pinnace, holding his left hand againit the back of his head, to guard it from the ftones, and carrying his mulquez under the other arm. An Indian was feen following him, but with caution and timi dity; for he topped once or twice, as if undetermined to proceed. At left he advanced upon him unawares, and with a large club, or common fake, gave him a blow on the back of the head, and then precipitately ro treated. The throke feemed to have flared Captain Cook: he itaggered a few prces, then fell on his hand and one keee, and dropped his mufquct. A, he was rifing, and before he cou'd recover his feet, another Indian ftabbed him in the back of the neck with an iron dagger. He then fell into a bite of water about knee deep, where others crowded upon him, and endeavoured to keep him under but ftruggling very ftrongly with them, he got his head up, and cafting his look towards the pinnace, feemed to folicit afliftánce. Though the boat was not above five or fix yards diftant from him, yet from the crowded and confufed ftate of the crew, it feems it was not in their power to fave him. The Indians got him under again, but in deeper water: he was, however, able to get his head up once mere, and being almoft fpent in the ftruggle, he naturally turned to the rock, and was endeavouring to fupport himfelf by it, when a favage gave him a blow with a club, and he was feen alive no more. They hauled him up lifelefs on the rocks, where they feemed to take a favage pleasure in afing every barbarity to his dead body, fnatching the daggers out of each other's hands, to have the horrid fatisfaction of pierc ing the fallen victim of their barbarous rage
JOURNAL of the PROCEEDINGS of the THIRD SESSIONS of the SIXTEENTH PARIAMENT of GREAT BRITAIN.
EARD counsel further on the Stourbridge Canal bill.-After the Counfel had withdrawn,
Lord Bathurst wifhed that the quef. tion, whether or not a proprietor of higher grounds had a free and uncontrollable right to divert the course of a rivulet or ftream to the detriment of the proprietor of lower grounds, might be referred to the Judges for their opinion.
Lord Loughborough, in a few words, demonstrated that there was no neceffity for fuch reference, as the point had always been confidered a decided one, that a proprietor of grounds might do what he pleafed with the water which paffed through them; but that if he injured the interefts of his neighbours by fe doing, an action of trefpafs lay against
The Houfe then proceeded to hear Counsel in the cause. Adjourned.
Lord Dudley addreffed their Lordships. He was anxious, in the firft inftance, to wipe away the imputation which had been thrown upon the bill by its enemies, who had called it a job, his Lordship's job. The fact was fo far the contrary, that it was with great difficulty he had been induced to give his affent to the fcheme; and it was after very mature deliberation, and a full conviction of its utility, that he had patronized it, after an examination of every part of the plan-The proprietors of the collieries, in the line through which the canal would pafs, to the number of thirty, fo far from confidering that his Lord@hip wanted to establish a monopoly for his own coals, were themfelves the greatest advocates for the bill, A noble Lord [Lord Foley] who was poffeffed of very great property in the neighbourhood, was originally against the bill; but after weighing the plan, and confidering all its confequences, was become an advocate for it, and had taken an active part in that House in its favour. His Lordship then entered into a very diffefe defence of the bill, and answered every objection that had been raifed, and particularly adverted to the articles of coal and lime, which would be diftributed through the whole county by means, of the canal. He concluded with moving, that the bill might be referred to a Committee, to receive any amendments that might be neceffary.
The Bishop of Llandaff confidered the hill in a very different point of view. Its public unlity was very doubtful; its private inju
OF LORD S.
ries were certain. Suppofe, faid the learned Prelate, that the town of Bromsgrove and its vicinity fhould be benefited 2000l. per ann. and the private injury was only 500l. per ann. furely that was fufficient ground for objecting to the bill; because parliament would never benefit one clafs of men to the prejudice of another. His Lordship's fpeech was delivered in very elegant and logical terms, directed in the most pointed manner against the bill.
1 The Bishop of Salisbury also spoke with great energy against the bill.
At half after seven o'clock the House divided, when there appeared for committing the bill,
Confequently the bill was thrown out, and the House immediately adjourned. MAY 22.
The Royal Affent was given by commif, fion to the bill for appointing Commiffioners to carry into execution the land tax of 1785 -the Scotch Schools bill-the Newfoundland fishery bill-the Margate Play-house billthe Coventry canal bill-and to thirteen public and eight private bills.
The order of the day being read, that the bill for appropriating one million annually for the extinction of the national debt, be read,
Lord Loughborough hoped that the bill would be printed for the use of their Lordfhips. Being informed, however, by Lord Bathurst, that it was contrary to the custom of the House to print a bill of that nature, the question on the motion was put, and it was agreed that the bill fhould be committed on Thurfday next.
Earl Stanhope, in confequence of their Lordships fummons on the prefent bufirefs, though the future difcuffion of it was to be poftponed to Thurfday, could not help ftat. ing his objections to the plan; that no meafure had been adopted, or was likely to be adopted, in order to fecure its permanency, and confequently that effect which it was intended to produce. He reafoned with refpect to the perfection of his own system in this point of view, and went into a general detail of it. The plan he had laid down was exempt from thofe objections which naturally rofe from the scheme in agitation, relative to the temptation that ambitious minifters would lie under, of availing themfelves of a number of thofe reliefs, and of various pecuniary refources which would naturally accrue in the course of a few years from its adoption. Every means ought therefore to
be employed to prevent this evil. For this purpote he faw only one mode of fecurity, which was fo to connect the public creditor with the ftate, as to render it impracticable. Having made a motion to this effect,
Lord Camelford refuted its being adopted in the prefent ftage of the business, as a refolution of the House.
Lord Sydney expreffed many obligations to the noble Earl (Stanhope), but was for moving the previous queftion on the motion.
Lord Loughborough had not made up his mind fufficiently to the prefent motion, and hoped the confideration of it might be postponed to fome other occafion.
The Duke of Richmond opposed the legiflature adopting any permanent fyftem as unconstitutional, and as tending to deprive future legiflators of their right.
Lord Stormont was for a fubfequent dif
cution of the refolution.
Earl Stanhope having little hopes of carrying his motion on any fubfequent day, faid, that he wished it to ftand on the Journals of the Houfe. Were the previous queftion put on it, he fhould not obtain the object.
The question was then put on the original motion, and it was, without a divifion, negatived.
The Duke of Richmond moved, that there fhould be laid before the Houfe, a copy of the report of the Select Committee of the Houfe of Commons, which motion was agreed to.
The answer to their Lordships meffage to the Houfe of Commons on the Surplus bill, declining the tranfmiffion of any grounds of judgment on which they had paffed the above bill being read, a fhort converfation took place, relative to the Houfe refolving itself into a Committee that day for the further confideration of it.
Lord Stormont appealed to their Lordships fentiments of propriety, whether such a meafure would be decent, and asked their Lordships, whether they were prepared to go blindfold into a meature, with respect to the grounds of which they had been denied that information which they had reason to expect; and as none of his Majefty's minilters were in the Houfe at that period to anfwer any questions which might be fuggetted relative to it, he thought it would be improper to take the bufinefs into further confideration.
that their Lordships would find fufficient reafon for adopting it.
Lord Loughborough expreffed much furprife at the return to their Lordships' meffage from the House of Commons. He had confidered that meffage as a ministerial mea❤ fure. From what had paffed on Monday, he had every right to view it in that light; and how that meffage fhould have met with fuch a fate under all its circumftances, he was at a lofs to conjecture. He hoped the noble Lord who had spoken laft, would have at leaft the courage to explain it.
Lord Sydney vindicated his conduct, and hoped that when the noble Lord threw any imputation on his courage, he would do it in thofe places and in that manner in which he could with most propriety resent it.
Lord Loughborough apologised to the noble Lord for what had fallen from him refpecting his courage. He had faid nothing that could in any respect injure that part of his character, of which he entertained as high an opinion as any man.
Lord Carlifle oppofed the going into a Committee without the grounds on which the bill was founded being laid before the House,
The motion being then put, that the House refolve itself into a Committee, it was agreed to without a divifion.
Lord Stormont then gave his opinion at large on the bill. He next went into a minute difcuffion of the report of the Committee of the House of Commans, which he treated in the light of a pamphlet. He recapitulated the various arguments urged in the other House against the fatements contained in it, and fuggefted that the operations of France relative to its fortifications at Cher burgh, and on the continent oppofite to us, indicated warlike intentions; and that there was on this account no probability of our peace-eltablishment being reduced,
Lord Loughborough, in a speech of fome length, went into the detail of the bill, and attempted to fhew that it was founded in illufive principles-It was a monument which had been built like a cattle in the air, without a foundation. He laid it bad already given a falfe rife to the funds, and this rife would of itfelf defeat the very object of the bill, as the Commiffioners entrusted with the management of the furplus must buy at a rate much higher than the real value of the flock, taken in comparifon with the proportional value of other articles; for the fact was, that fince the fcheme respecting the finking fund had been agitated stock had rifen, and he made no doubt would rife far beyond the va lue of any other article.
Lord Sydney coming in foon after, apo logized very fatisfactorily for his abfence, and declared himself ready to give every information in his power on the fubject. He explained the nature of the bill, and hoped cumftance to the very extraordinary balance
The Duke of Richmond attributed this cir
in our favour on the exchange, which had amounted, in a certain period, to no lefs a fum than ten per cent.
The bill was then read, and paffed in the Committee; after which the Houfe was refumed and adjourned.
This day his Majefty went in his ufual ftate to the House of Peers. As foon as the king was feated on the throne, a meffage was fent to the Commons, commanding their attendance. In obedience to the royal mandate, the members of the lower Houfe appeared at the bar, when their Speaker addreffed his Majefty as follows:
Moft Gracious Sovereign,
"Your faithful Commons have paffed a bill, intituled, "An Act for veiting certain fums in Commiffioners, at the end of every quarter of a year, to be by them applied to the reduction of the National Debt;" by which they have manifefted their attention to your Majefty's recommendation, at the opening of this feflion, for, eftablishing a fixed plan for the reduction of the National Debt,
"By the unanimity which attended the latt and most important stage of this Bill, they have given the most decifive proof, that they have but one heart and one voice, in the maintenance of the public credit, and profperity of their country.
"The public credit of the nation, which is the refult of just and honourable dealing, is now guarded by an additional fecurity--and the future profperity of this country will effectually be provided for, when it is confidered, that for the purpofe of pleading the caufe of the continuance of this meafure moft powerfully with pofterity, your faithful Commons have, to the justice and good policy of it, added the authority of their own example:
Qui facit ille jubet.
"They have not been difcouraged by the burthens impofed during the last ten years, from fubn atting, in the prefent time, and in the hour of peace, to new, and the poflibility of of her burthens; their object being to attain a fituation for their country, more favourable to her defence and glory in the event of future etuer geticies.
A plan fo horourable in its principle, and fo conducive to the future happine's and fafety of the kinen, mit be, in the higheft degice, seccpable to the Father of his people.
Under that confidence, in the name of all the Commous of Great Britain I render the Bill to your Majefty; to which, with all hu alty, your faithful Commons deine your M. e ty's Roval Aflent.”
His Majetty then gave the royal affent to the folowing bl: The bill for raming
1,500,occl. by loans or Exchequer bills, to be charged on the first aid granted in the next feffions of Parliament-The bill for raifing 1,000,000l. in the like manner.-The na tional debt bill.-The Gibraltar head-money bill.-The Blackfriars-bridge bill.-The Wef ton inclofure bill.-The Ifle of Man fogar bill.-The bill for altering the days of pay• ment of annuities.-The bill for extending the acts relating to courts of confcience; and the bill for regulating manifeft.
The order of the day being read for the fecond reading of the Pawnbrokers bill, Counfel were called in, and being heard in fupport of the Bill, counfel were heard againft it. Upon which
Lord Loughborough rose, and, in a speech of great perfpicuity, pointed out the impropriety of the act. His Lordship clearly shewed its evident partiality against the inferior order of fociety, and moved that it might be rejected.
Lord Rawdon apologized for having taken an active part in favour of the bill. He ac knowledged that Lord Loughborough's obfervations were very prevailing; but he wifhed to go into a Committee on the bill, when all the precautions might be put into effect.
Lord Bathurst left the woolfack, and spoke in very ftrong terms against the bill.
The Duke of Richmond and Lord Hawke fpoke in favour of it.
Lord Loughborough replied, and the bill
This day by virtue of a Commiflion from his Majefty, the Royal afient was given to An act for granting to his Majefty an ad ditional duty upon battens and deals imported.
An act for the further fupport and encouragement of the fisheries carried on in the Greenland feas and Davis's freights.
An act to continue, and render more effectual, an act for the encouragement of the growth of hemp and flax.
An act for the further relief of debtors, with respect to the imprifonment of their perfons, and to oblige debtors, who fhal continue in execution in prifon beyond a cer tain time, and for fums not exceeding what are mentioned in the act, to make discovery of, and deliver upon oath, their eftates for their creditors benefit.
An act for paving the footways and paf. fages, and for better cleaning and lighting the town of Cheltenham,
And to 9 other public, and 13 private b
R. Gilbert brought up the report of the
effectual means to prevent the prefent frauds which exift in the adulteration of wine, which was read and agreed to.
Mr. Sheridan defired to know whether there was any account in the Houfe of the number of licences which had been granted to perfons feling wine; and on it being hinted that there was not, he moved, that there be laid before the Houfe an account of the number of wine licences granted within thefe last five years, which was granted. He then wished to be informed whether the bill was meant to be printed; and being answered in the negative, he gave notice that he fhould, whenever the bill came to be debated, move for it to be printed, and at the fame time take the fenfe of the Houfe on the propriety of printing all tax bills. For his own part he thought that they, of all others, Ought to be well understood, and made public before paffed. Mr. Pitt anfwered, "Very well."
The report of the Surplus or new Sinking-Fund Bill was brought up and read.— Several gentlemen had motions to make for leave to bring up new clauses to be inferted in the bill; but Mr. Pulteney was the first to propose one: it had for its object to caufe the notice of the intention of Parliament to pay off any flock that should be at or above par, to be given as ufual by the Speaker, and not by the Commiffioners, who, acording to the prefent plan, were to be empowered by occafional Acts of Parliament, to be paffed for the purpofe, to iffue the fame. Upon this a converfation took place between Mr. Pitt, Mr. Fox, Sir Grey Cooper, Mr. Demp fter, Mr. Sheridan, and others, in which the only object that all appeared to have in view was, who should most scrupulously guard against any measure that might bear even the femblance of a deviation from the ftrict letter of the engagements made with the public creditors, under the faith of the nation. Mr. Pitt at laft obferved, that as the subject was delicate, and all claufes in a bill of fo much moment ought to be very maturely confider ed before they were admitted, it would be better for the Houfe to take time to confider of the bufinefs, than to adopt, in a hurry, what might be afterwards found to be injurious to public credit. He moved, therefore, that the debate on the further confideration of the report should be adjourned to Wednefday next. The motion paffed without oppofition.
Major Scott made feveral remarks on the charge delivered by Mr. Burke on Friday last concerning the unfortunate fituation of Fizoolah Cawn. He concluded by moving for leave to prefent a petition from Mr. EUROP, MAG.
converfation between Mr. Burke, Major Scott, Mr. Pitt, &c. the motion for hearing Mr. Haftings by himself or Counsel paffed unanimously. The Houfe then refolved itself into a Committee, the Hon. Mr. St. John in the chair, for the purpofe of examining evidence on the business of Mr. Haftings. Major Marfac was called to the bar and examined; and after the investigation of a variety of other matters, connected with the fubject of the impeachment, the Houfe adjourned. MAY 10.
The order of the day having been read for hearing Mr. Haftings in anfwer to the laft charge against him, presented by Mr. Burke, Mr. Haftings was called in. When he got to the bar, he informed the House, that as foon as ever a copy of the charge was deli vered to him, which was only on Monday, he had fet about drawing up an answer to it, and in that bufinefs he had been employed fince, both night and day. He was confequently alinoft exhaufted with the fatigue, which made him apprehend that he should not have ftrength enough to read the whole of his performance: he therefore requested that the Houfe would indulge him fo far as to fuffer him to deliver it in writing to the Clerk; adding, that he would receive this indulgence as a very great favour from the House. His request was granted without any oppofition. He then put his anfu er into the hands of the Clerk, and, bowing to the House, retired.
The House went into a Committee to take into confideration the duty on battens and deals.
Mr. Pitt faid, that perfons concerned in the trade had told him, that it would be more convenient, if an increase of revenue were to be derived from battens and deals, that an addition to the prefent unequal duty should be made, than that any difcrimination of fize fhould be adopted. To their opinion he would give way, though he thought his own a better; and therefore moved that a duty of 5s. per cent. in addition to the prefent duty, be laid on all battens, &c. imported.
The question was then put and carried without further converfation; and the Houfe being refmed, refolved itfelf into a Committee on the militia bill, Mr. Powney in the chair, when a very irregular converfation took place. A claufe being propofed for empowering ALL Juftices of the Peace to act as Deputy Lieutenants for the purposes of the bill, it was oppofed, and rejected on a division,