papers, he owed to the house an apology, upon the principle, that it must always prove indecent, frivoloufly to trefpafs upon their attention. But, if ever he had reafon to be diffatisfied with the decition of that houfe, if he ever thought a motion of the first importance to their honour and their dignity required reconfideration, it was the motion for the Dehli papers; and that because the decision which the houfe had adopted, had proved a decifion in the teeth of the refolu tions, which they had voted in 1782, and which had reflected the highest luftre upon the character of Britain." In thofe refolutions they had held out to the country powers of India a code of wife, wholefome and falutary laws, as the bafis of the future government of the British territories. Some perfons had supposed, that our government and conftitu they had done in the preceding inftance. The papers inttantly upon the divifion, were moved for in a different form. In a fpeech Mr. Fox delivered upon this occafion, he indulged himself in the mott animated style of exclamation. What a precious farce," cried he, "is daily acting within thefe walls? We fee the friends of Mr. Haltings affecting to be eager, that every paper which is called for fhould be granted. We fee the king's minifters rifing to declare, that nothing, which can properly be granted, fhall on any account be refufed. We hear other gentlemen, who call themfelves independent men, faying, By all means let the houfe know the whole, and be put in poffeffion of every fpecies of information. And yet we fee the fame men, all of them dividing together, to enforce a negative upon a mosion for the most effential information were attended by certain diftion, helping each other out with advantages with refpect to their hints and whispers during the de- intercourfe with foreign flates, arifbate, and pointing to matters appo- fing from the public manner in fite to the argument on their fide of, which many important parts of our the question, just as I and my right adminiftration must neceffarily be honourable friend would allift each conducted. But from this evil, if cther, when we are maintaining the an evil it were, a most important fame point, and arguing for the good would be found to refult, fame purpose." when it was confidered how far this publicity tended to create a confidence in all other nations, and how ftrongly it contributed to bind us to certain defined and specific modes of political conduct. From hence it arofe, that we could lay down a particular fyftem of proceeding, the due obfervation of which all thofe states might reafonably expect; an advantage not in the power of any arbitrary government. For if a king were to iffue an edict, setting forth the principles by which he intended to conduct himfelf with refpect to foreign nations, it would be received only as a notification of So little indeed was Mr. Fox fatisfied with the decifion of the houfe of commons upon the queftion of the Dehli papers, that he foon after gave notice, that he would bring forward the bufinefs once more for the deliberation of parliament; and accordingly on the feventeenth of March he urged the houfe with all the force of his abilities in a moft able fpeech, to recede from what he regarded as a precipitate refolution. He was perfectly convinced, that, previously to all endeavours for the fuccessful introduction of a motion for these the the will of the minister of the day, who by death or difgrace might lofe his fituation, and leave room for a fucceffor of different fentiments, and who might purfue a different line of conduct. With us on the contrary, when the British houfe of commons published a fyftem of foreign adminiflration, they not only committed the whole nation in the perfons of their reprefentatives, but bound individually, as well all those who had already been minifters, and enjoyed a profpect of being fo for many years to come, as those who were fo at prefent. That he might if poffible ftill more ftrongly impress the houfe with a proper idea of the magnitude of the duty which they had engaged to perform when they voted the refolutions of 1782, Mr. Fox fhould not hesitate to defcribe them as meafures of a peculiar nature, and affording, he believed, the first inftance, in which that house had thought it became them to depart fo far out of their immediate province, as to interfere with any part of the exercife of the executive government; a circumftance, to which they would certainly have never confented, had they not imagined that the extraordinary complexion of the cafe authorised a deviation from common precedents and established practice. Mr. Fox declared, that effential as thefe papers were, if they were not granted, Mr. Burke would fill be in poffeffion of fufficient materials to prove and make good every thing, which he had ever advanced refpecting the delinquency of the late governor-general of India. His character therefore was fafe and on hore; and Mr. Fox wifhed the character of that houfe to be equally out of the reach of calumny and mifreprefentation. It was for this reafon, that he had again called for the Dehli papers, and that he would now enter into a brief examination of the reafons upon which they had once been refufed. It had been ftated by Mr. Pitt in the firft place, that the papers were not effential to the charge against Mr. Haftings, that they proved nothing, and that Mr. Haftings had not authorised major Browne to enter into a treaty with the Mogul; and fecondly, that they involved in them fecrets, the divulging of which would tend to induce confequences, dangerous to the general interes of the Britifh nation. For the refutation of the first of thefe points, Mr. Fox might reft his argument upon the language of major Browne's letters to the governor-general. The expreffions of the refident were decifive and emphatical. "We have offered to treat; he has accepted: we have annexed conditions; he has approved of them." Thefe words proved inconteftibly that the treaty commenced in a voluntary offer on our part; and the fubfe. quent words in which major Browne proceeded to urge Mr. Haftings, for the fake of the good faith, the mo rality and the justice of the British nation, to fend troops to the affiftance of the Mogul, in order to lay fiege to certain diftricts of his country, proved in the fame unanfwerable manner that the treaty was a treaty of offenfive alliance. It was evident, that the refolutions of that houfe had been trampled upon and contemned by Mr. Haftings in this inftance; and it was more than matter of fufpicion, that the treaty, at the time when it was begun, was never intended to be concluded. In the former debate upon this fubject, when he had complained that Mr. Haftings had infringed upon the authority of the houfe of commons, Mr. Pitt had thought proper to fay acrofs the houfe, that the treaty in question had never been completed. Mr. Fox afked, whether he was entitled from thofe words to conclude that it was taken as a merit, that the company's fervants in India got into this dilemma. They violated the refolutions of the houfe by commencing a treaty, and they violated the national faith by deceiving the Mogul, and refufing to conclude the treaty which was begun. They proved to the princes of Indoftan on the one hand how little fecurity was afforded them by the vaunted code of laws of 1782; and on the other hand, how little fafety was to be acquired by entering into treaties of alliance with the British government in India. Mr. Fox felt himself thoroughly juftified in afferting, that, in fpite of any narrow principle, which temporary diftrefs or local circumftances might feem to demand, it ill became a nation of great weight and character like Great Britain, to depart from general fyftems founded in wisdom and juftice, for the fake of any petty and momentary confiderations. With respect to the ground of the refufal of the papers, on the plea that their production would betray fome fecrets of negociation, the divulging of which might prove dangerous to the tranquility of the powers of Indoftan, what was the language of this reafoning, but to fay to the princes of India, We know that our fervants have committed delinquencies, and we are convinced that they have broken faith with you; but we must not enquire into their conduct, becaufe that would betray ftate fecrets, that would develope political myfteries, which must be kept facred? Would nos every man in India laugh at fo 1786. abfurd a reafon for refufing to do juftice? Would it not plainly ap pear, that the board of control and that houfe were following the exact steps of the old courts of directors? that they were laying down complete fyftems of their ethics in their orders and refolutions, but refufing to take the only means poffible to enforce their performance? The effet of fuch'a conduct was too manifeft to need illuftration. Inftead of reformation in India, it would encourage abufe and increafe delinquency. Mr. Fox alluded to what had lately paffed in India, refpecting the debts of the nabob of Arcot; and affirmed, that, fo far from the œconomical management of the revenues being made an object of attention, new loans were at this time going on, and new debts contracting. In a word, by fuch a conduct as that which was now held, the board of control and the houfe of commons would become anfwerable for having fuffered the fervants of the East India company to believe, that they were fecure from enquiry, and out of the reach of punishment. What was the tendency of the late vote, but to put it in the power of the minister to interfere in every inveftigation, and by his fingle veto defeat the aim of that houfe in the exercife of its first, great, conflitutional character, that of the grand inqueft of the nation? Armed with fuch a power, to what lengths might not a minifter proceed? Every criminal, however notorious his delinquencies, however numer ous his crimes, however injurious to the national honour, would only have to fecure the protection of the treafury to be able to laugh at ac cufation, and fet conviction at de fianee. Mr.Pittreplied to the fpeech of Mr. L Fox. Fox. He agreed with almost every one of his principles, as well with refpect to the policy of the Eaft Indian government, as with refpect to the right and duty of that houfe to enquire into all the abufes which might arife in it; but in the conclufions which he had drawn from thefe principles, he widely and completely differed from him. Mr. Pitt undertook to fhow, that in the prefent infance there had been no alliance either formed or authorized by Mr. Haftings. To judge of the merits of the tranfaction which had been fo ftrongly difputed, it was neceflary to recollect the period in which it had taken place. A moft dangerous attack was made on the company's poffeffions, by the European enemy of this country, in conjunction with the most formidable of all the princes of India, Tippoo Saib. The laft mentioned prince, well know ing the influence which the name of the Mogul had upon the feelings and the prejudices of his countrymen, exercifed all his endeavours to bring him over to his interefts; and, if he had fucceeded, an infurmountable addition would have been made to the difficulties under which the English government had to ftruggle. The Mogul had rccently loft his minifter, a perfon highly ferviceable to the British administration, as he was clofely connected in friendfhip with the nabob vifier of Oude, the decided favourer of this country. In this fituation it was determined by the unanimous voice of the council, to fend an ambaffador to Dehli, in order to fecure as much as poffible an amicable difpofition in that court. To this embally major Browne was appointed by Mr. Haflings, and by his inftructions he was directed to encourage with as much addrefs and delicacy as poffible, overtures of an alliance, and applications for affiftance from the court of the Mogul, but was exprefsly forbidden to enter into any politive engagements, till he fhould have referred to the council the propofals that were made. Such was the object of major Browne's miffion, and the confequence was the alienation of the inclinations of the Mogul from the party of Tippoo Saib, and of France. With refpect to the letter in queftion, Mr. Pitt treated it as the unauthenticated effufion of a chimerical projector, that could neither deferve the credit of the house, nor affect the character of Mr. Haftings. Mr. Pitt exerted himself to defend the character of fecrecy, to which the papers in question were intitled. If indeed he were determined to prove to the house, that the papers were really dangerous, and improper to be made public, he could do it in a very fhort and compendious way, to which however he confeffed that he felt himfelf particularly averfe. This method was by producing them; for he would undertake to fay, that. were they to be read by the members there could be but one opinion upon them, that of cenfure against him for confenting to grant papers, fo extremely delicate, and fo likely to injure our interefts in India, by expofing to each other the views and confiderations under which the princes of that country had acted in their arrangements with us. He had been called upon to point out how the production of the papers would prove dangerous; but furely by making the attempt he fhould literally incur the danger. Was it poffible to explain the ill effects of communicating fecrets, without, in a great meafure, difclofing the fe crets crets themselves? He had already faid as much, perhaps more, than could with fafety be uttered upon the fubject, and doubtlefs, if he confulted his cafe rather than his duty, he must with at once to fubmit the papers to public animadverfion. Indeed, when he confidered, that asy et all the documents that had been granted were of a nature calculated to fupport the charges against Mr. Haitings, and that thofe now moved for were fuch as would place in a confpicuous point of view the most meritorious and brilliant part of his administration, he could not avoid, from motives of compaffion and juftice, lamenting, that, in compliance with his duty, he must object to their production. Mr. Sheridan contrafted the conduct of administration in the prefent inftance, with the proceedings of Mr. Dundas in 1781 and 1782, when he had formed his motions for documents in the broadest and moft general words, calling for all the papers relating to the revenue, and all the papers relating to the civil government. At that time, though it was a time of war, nobody dreamed of a fecret refpecting India. When the conduct of lord Clive was under difcution, when every other Indian enquiry was profecuted, this difcovery had not been fo much as fufpected. It had not been imagined that there could be a ftate fecret in India till the year 1736. It was, Mr. Sheridan added, downright nonfenfe to talk with a grave face about fecrecy, and the dangerous tendency of letting the papers be feen, when not only it was well known what were their contents, but when they were acquainted with every tranfaction to which they alluded. He entered into fome detail in order to con vince the house, that thefe letters would establish a most extraordinary feries of duplicity, and an un. paralleled intricacy of conduct in the procedure of Mr. Hatings. Mr. Sheridan afked, what could be the reafon of the backwardness of Mr. Dundas, who had built his fame on what he had done as a conductor of Indian enquiries ? Was it, becaufe he thought to fecure the fituation he had acquired by profecuting one delinquent, that he took pains to protect another? or was it from a kind of gratitude to Eat Indian delinquency, to which he had been fo much obliged, that he chofe to be the friend of Mr. Haftings, and would not, as it were, kick down the ladder upon which he had rifen? The motion for the Dehli papers was farther fupported by lord North; and ma-' jor Scott entered into confiderable detail in defence of the negociation. The houfe having divided upon the question, there appeared ayes, for" the production of the papers, 731 nocs, 140. During the debates upon thefe papers, a fubject was brought forward by major Scott, which has fince been repeatedly fuggefted to the attention of the public. He itated to th ehoufe, that, in all the proceedings against Mr. Hattings," and amidst all the abufe poured out against him, he had never entertained the smallest apprehenfions, or made any overtures of accommodation. On the other hand, when Mr. Fox brought in his India bill, an intimation was given him in a private converfation which had paffed with a perfon of authority, that matters might be accommo dated; and he made no doubt, had Mr. Haflings then come home, he would have heard nothing of this calumny, and all thefe ferious acL 2 cufations. |