their prefent amount; and as the defign of regulation, would be fo long known before-hand to the offenders, they would use fuch induftry in their feveral departments, that there would not be much left for redrefs, by the time that it could take place.

But the great force of the arguments on this fide, was principally directed to the prefent unufual and extraordinary stretch of parliamentary authority; it was acknowledged that a fupreme undefined power was ultimately lodged in the legislature; but it was infifted, that fuch an exertion of it could only be juftified by the most urgent neceffity; and that as no fuch neceffity now exifted, it was a wanton violation of public faith, law, and conftitution, without an equitable motive. That it was the invafion of a right which parliament had not granted but fold; a right for which the faith of the nation was pledged, and which could not be taken away without an act of forfeiture in the company; nor even in that cafe, without due compenfation. That this violent and dangerous exertion of power, muft not only destroy the credit of the Eaft India company, but alfo affect the bank, the South-fea, and all other public companies, none of which could have any other fecurities than those which are now violated; that whenever a war took place, the effects of this unjuft and pernicious meafure, upon the national credit in general, would be too late, and too fatally experienced; and that it was not lefs dangerous in its principle, nor mifchievous in its precedent to the city of London, and all the other corporated bodies in the British empire.

A particular charge was alfo made upon adminiftration with regard to their motives for this fufpenfion. It was faid that they had arbitrarily and capricioufly fufpended the legal courfe of bufinefs in the court of proprietors

1

proprietors, and forced this matter into parliament, only to gratify a private refentment; that the company had been officioufly informed by their chairman, and deputy-chairman, (the only medium through which they could have any communication with government) that the measures relative to the fupervision were approved of by adminiftration; but that as foon as it was found, that the company did not chufe to intruft their affairs in the hands of those who were nominated for that purpose by the minifters, they immediately set their face against the whole measure, and now had the fortune to find the house fo compliant as to adopt their refentments.

It was obfervable, that many of those, who either in themselves or their families, were under great obligations to the company, and particularly fuch as had obtained vaft fortunes in her fervice, now joined adminiftration in this bill. The effects of the party difputes with respect to the appointment of supervisors, were also very vifible on this occafion. Though the question was debated warmly and ably by the oppofition, fuch was the force of the general odium in which the company stood, and fuch the weakness arifing from its internal diffentions, that the numbers against the bill were very trifling. Befides, many of the oppofi rion had not then come to town. Upon a divi fi on late at night, and not a very thin houfe, the bill was carried by a majority of more than five to one, the numbers being 153, to 28 only.

The reftraining bill was prefented the next day to the house of Lords, and it being fo near the holidays, was carried through with the greateft difpatch. It did not, however, pafs without oppofition; though, as in the other house the opponents were few. poble duke, who had long been diftinguished in op

A

pofition,

pofition, and who of late had applied himself with uncommon industry to obtain a perfect knowledge of India affairs, traverfed this bill with great vigour and almost alone, for the short time in which it was paffing through its feveral ftages. As the bill was

brought in on a Saturday, and a report was spread in the evening, and inferted in the news-papers, that it had been carried that day through its laft reading, (a matter, however uncommon, which was readily believed) the India company had not time to go through the neceffary forms, for affembling in its corporate capacity, and framing and presenting a petition, before the following Wednesday, on which it was finally paffed. A petition figned by 14 proprietors was however, received, and witneffes were examined, and counfel heard at the bar against the bill.

We fhall take notice of fome of the arguments that were ufed upon this occafion, fo far as they were peculiar to the place, or may feem to throw new light upon the subject. As the house of Lords is clofe fhut, we are obliged to gather the arguments of the minority in that houfe from their protests; thofe of the miniftry, we muft fuppofe nearly the fame with those used in the houfe of Commons. It was urged against the bill, that the arbitrary taking away of legal franchifes and capacities, without any legal caufe of forfeiture, estab. lifhes a precedent, which leaves no fort of fecurity to the fubject for his liberties; fince his exercifing them, in the strictest conformity to all the rules oflaw, general equity, and moral conduct, is not fufficient to prevent parliament from interefting its fovereign powers to divest them of thofe rights; by means of which infecurity, the honourable diftinction between the British and other forms of government, is in a great measure lost; that this misfortune is greatly growing

upon

་

upon us, through temporary, occafional, and partial acts of parliament, which, without confideration of their conformity to the general principles of our law and conftitution, are adopted rafhly and haftily upon every petty occasion; that though it may be difficult to fix any legal limit to the extent of legislative power; it is to be fuppofed, that parliament is as much bound as any individual to the obfervance of its own compacts; or otherwife, it is impoffible to understand what public faith means, or how public credit can fubfist.

That the India company might have been legally called in question, and even its charter endangered, for a neglect of exercifing thofe neceffary powers with which it is entrusted, and the use of which it is now proposed to fufpend; and that it must be a government composed of deceit and violence, where men are liable to be punished if they decline, or to be reftrained if they endeavour to exercise their lawful powers. That it appears by evidence, upon oath, at the bar, that the company had been authoritatively informed, that the commiffion for regulating their affairs, would have been approved of by administration; and that their fituation was peculiarly unfortunate, when driven from all confidence in public faith, and the laws of their country, they fhould find no fecurity for their charter privileges even in thofe very ministers, under whofe fanction they had every poffible reafon to believe they were acting.

It was much objected to, that the bill was brought in at a feafon, when the house is always ill attended, and hurried through with a violent, and it was faid, indecent precipitation. That a reafon of fact was alledged in the preamble, ftating the expence of the commiffion to be very confiderable: and they had not before them any account or estimate of the expences

A

actual

actual or probable, nor were fupplied with any accounts tending to fhew the prefent ability or inability of the company to bear it; fo that the Lords were to affert facts, and on thefe facts to ground a law, altering the condition, and fufpending the charter rights of the company, without a poffibility of knowing whether the facts be true or falfe; and that with a determination to continue uninformed, it had been refufed to call for the evidence of the directors concerning the expence; or in a matter of fuch importance, both in itself and its example, to follow the ancient fettled parliamentary courfe of defiring a conference with the Commons, in order to be acquainted with the evidence which they received as the grounds of their proceeding.

It was faid, that it must be a matter of astonishment to the public, who had for a long time earneftly and anxiously looked to the company, or to parliament, for redress of the grievances in India, to find at length, that the latter is only employed in preventing the former from doing its duty; that inftead of correcting the abufe, they oppofed themselves to the reformation; that when it was expected, that those who had wronged the company should have been brought to exemplary punishment, the fuffering company itself is deprived of its right; and inftead of calling delinquents to account, the perfons legally empowered to correct or reftrain them, are by parliament fufpended from their office.

On the other fide, befides many of thofe arguments which we have before feen ftated in fupport of the bill, it is faid, that the charge upon administration, of having at one time given a fanction to the commiffion for fuperintending the company's affairs, was pofitively denied, with refpect to fuch of its members as be

longed