ed by 200 or 300 of the most respectable inhabitants.

Mr SIMEON, in feconding the motion for receiving the petition, obferved, that, although the meeting was unanimous, yet all the perfons prefent were not electors.

Mr WARD faid, if he understood the Hon. Gentleman rightly, he meant to say, that a petition for a reform in Parliament fhould not come from any but those of the conftituent body; in anfwer to that argument, he muft obferve, that it could not well be expected, that those who enjoyed a privilege would think it neceffary to complain.

Mr SIMEON explained.

It was then read, and ordered to lie on the table.

Sir J. NICHOL, pursuant to his notice, after a few prefatory observations, moved, that feveral papers relating to captures and feizures made by his Majefty's cruizers in the Baltic, and the proceedings of the King's Advocate in thefe caufes, be printed. -Ordered.

The SPEAKER acquainted the Houfe, that he had received a procefs from Sir Francis Burdett, requiring him to appear to an action of trefpafs, wherein the damages were laid at L 30,000. Thefe were ordered to be referred to the Committee.

The Aberdeen harbour bill was read a third time, and passed.

Friday, May 11.

The SPEAKER acquainted the House, that he had received a letter from the Earl of Moira, dated St James's Place, May 10, 1810, which he read to the Houle. His Lordship briefly stated, that his counfel, Mr Garrow, had defired him to inform the Speaker, that a notice of process, at the fuit of Sir Francis Burdett, had been served upon him, as Constable of the Tower: that he did not folicit the intervention of the Speaker; but had directed his Solicitor to defend the action, refting his defence on the Speaker's warrant, and on the inftructions he had received from the Secretary of State. The letter was referred to the Committee. Mr D. GIDDY brought a report from the Committee appointed to confider the notices of process against the Speaker, &c. which was read by the Clerk. The report ftated, that the Committee had found numerous inftances of perfons having been committed by the Houfe of Commons, for a breach of that part of its privileges which confifted in the liberty of speech; and it was always confidered, that fuch commitments were neceffary towards maintaining the dignity of the Houfe. The practice of the House had been, to vindicate its own authority by its

own acts. The Committee further ftated, that the bringing of actions for acts done by order of the Houfe was a breach of the privileges of the Houfe; and that the House had a right to commit the perfons ferving notices of fuch actions. Mr Giddy faid, there were three different modes, according to which the Houfe might conduct itself in this cafe, viz. to iffue an inhibition against the interference of any court, in matters affecting the privileges of the Houfe; the next would be, to commit the perfons who dared to ferve the procefs, but that would not prevent the actions from going on; the third mode of proceeding was, to inform the courts below of an intention to plead, either by denying the jurifdiction of fuch courts, or by pleading in bar. He wished that the Houfe might take these statements into its immediate confideration; and, in the mean time, fhould move, that the report do lie on the table.

The CHANCELLOR of the EXCHEQUER was not difpofed to regret that the queftion had not been brought to the teft, of whether the House had the power to defend its privileges. If the Houfe did not poffefs a legal power of protecting them, he was perfuaded they poffeffed the power of protecting them conftitutionally. He was convinced there was no judge in the land, who, when the queftion was stated to him to relate to the privileges of the Houfe of Commons, would not say, 66 I have no power to deter

mine."

Mr D. GIDDY then moved, that the Attorney-General be directed to defend the Speaker and the Serjeant against the said actions; which was alfo agreed to.

Upon the motion of the LORD ADVOCATE of Scotland, leave was given to bring in a bill, to repair certain roads and bridges in the Highlands of Scotland.

The Lord

Advocate of Scotland brought up the bill, which was read a firft, and ordered to be read a fecond time on Wednesday next.

The LORD ADVOCATE of Scotland, in answer to fome inquiries of Mr Abercrombie's, faid, he had given notice as to the Scots creditors bill, under the impreffion that the existing bill would expire during the prefent feffion; but he had fince found, that it extended to the next feffion; he had therefore withdrawn that notice for the pre fent. With regard to the bankrupt laws of Scotland, he denied, moft pofitively, that he had given any fuch pledge, although he had thought it necessary to confult certain legal been ftrongly preffed fo to do. He had authorities in Scotland, upon whofe judgment he wished to act; but he had not, as yet, received their opinion. It was a fub ject of great importance, and, under thefe

circumstances, he did not mean to press the measure.

Monday, May 14.

Mr AUSTEN prefented a petition from the East India Company, claiming L.1,900,000 as a debt due to them from the country; which was referred to the Committee on India affairs.

MAJOR CARTWRIGHT'S PETITION.

Mr WHITBREAD faid, he held in his hand a petition on the subject of Parliamentary Reform, purporting to be the petition of the "Underfigned Freeholders;" It was put into his hands by Major Cartwright, and he confidered it drawn up in decorous language.

The petition was brought up and read by the Cleik. It was very long, and fet out by ftating, that the late proceedings of the Houle, on the illegality of which, he conceived, there could be but one opinion, had brought the queftion of Parliamentary Re form more immediately to iffue. It referred to the decifion of the Houfe on the night between the 11th and 12th May laft, on the charges brought against Lord Caftlereagh and Mr Perceval, which it characterifed as a flagrant outrage; as when feats in the Houle were bought and fold, Englishmen were bought and fold- and this practice it afferted was paft endurance. It then went through the topics of the profligacy of fell ing feats, and the audacity of vindicating it; the illegality of the Houfe affuming higher powers than belonged to it-higher than the united Parliament or the King himfelf. It laid down what the Houfe ought to be, to be entitled to the reverence of the people, and argued, hypothetically, that it might be the reverfe, and abandoned to every viceits feats to be trafficked in by unprincipled fharpers, unfaithful Minifters, Afiatic Nabobs, &c. In proof of this, it cited the Na bob of Arcot's having purchafed feats for feven or eight of his agents, and the agent of a French King's Miftrefs, (we believe Madame du Barre) having a feat in the Houfe. By this means the Conftitution might be murdered, and, unlike the King, who never died, as one fucceeded another without a break, the Conftitution, if it once fell, would never refufcitate. From thefe doctrines, it argued the neceffity of a radical reform, and concluded by condemning the employment of a standing army, as had been done in taking Sir Francis Burdett. Under the civil government, the country would acquiefce, but under the military it was rank defpotifm.

Mr WHITBREAD moved, "That the petition fhould lie on the table."

Mr WHITBREAD gave notice, that he fhould, to morrow, move for leave to bring in a bill to explain and amend an act of the last fellion with regard to the regulation of workhouses. Seeing a Right Hon. Gent, in his place, he took an opportunity of faying a few words upon the fubject of the papers which had been laid before the House relating to the late differences between Ame rica and this country; the charge against Mr Erskine, of having acted directly in contradiction, not only to the fpirit, but not according to the letter of thofe instructions and, in his vindication, nothing more was ne ceffary than the publication of that paper which was now before the House.

Mr CANNING faid, the Hon. Gentleman had charged him with a mifreprefentation, which, if it could be established, would have proved him guilty of injuftice towards the country-it would have reflected difgrace upon his own character, by fhewing he was capable of traducing another man. He did not hesitate to repeat his affertion that Mr Erfkine had not acted up either to the letter, or the fpirit of his inftructions; and he was prepared at any time that the friends of that gentleman thought proper.

386

INDIA.

In a general order, iffued by the Governor-General, on the 25th September 1809, the following officers were ordained to be tried by a Court Martial, viz :-Lieut.-Col. John Bell, 1ft bat. artillery, fenior officer, commanding Seringa patam; Lieut.-Colonel John Doveton, 8th regiment cavalry, commanding a detachment of the Hydrabad Subfidiary force at Jaulna; Major Jofeph Storey, 1ft bat. 19th regiment, N. I. fenior officer, commanding Mafulipatam,

The alternative of a Court Martial, or the refignation of their commiffions, was alfo of fered to the undermentioned officers: Lieut.-Col. Munro, 2d bat. 15th regiment, Seringapatam; Major David C. Kenny, 2d bat. 19th regiment, ditto; Capt. T. F. De Haviland, engineers, ditto; Capt. George Cadell, 12th bat. N. I. and Town Major, ditto; Capt. Hugh M'Intosh, 1ft bat. 8th regiment marched without orders from Chittledroog to Seringapatam ; Capt. F. K. Aifkill, 1ft bat. 15th regiment, ditto; Capt. A. Andrews, Madrafs European regiment, Mafulipatam; Capt. James Patterson, 1ft bat. 11th regiment, Samulcottach; Captain Gec. Wahab, 1ft bat. 21ft regiment, Chicacole; Capt. James Sadler, 1ft bat. 24th regiment, Ellore; Capt J. L. Lufhington, 4th regiment cavalry, ditto; Capt.-Lieut. C. Hopkinfon, 1ft bat. artillery, fenior officer of artillery, at Jaulna; Capt.-Lieut. G. W. Poignand, horfe artillery, fenior officer of the corps at Jaulna; Capt. C. M. Gibfon, 1ft bat. 10th regiment, Jaulna; Capt. Thomas Pollack, 1ft bat. 12th regiment, ditto ; Major Mathew Stewart, 2d bat. 17th regiment, ditto; Capt. John Turner, 2d bat. 15th regiment, Seringapatam.

All the above Gentlemen, with the exception of Capt. M'Intosh, who commanded the Chittledroog detachment, have refolved to abide the event of a trial.

By the latest intelligence received from that quarter, it appears that feveral duels had taken place between the officers of his Majefty's and the Company's army, arifing out of matters connected with the late transactions. And the officers fufpended from command on declining the teft of obedience, offered to them by Lord Minto, have been received, on joining their refpe&ive corps,

with a vifable coldness and referve, by the native officers.

An authorized publication has recently iffued from the prefs, vindicative of the official conduЯ of Mr Petrie one of the Members of the Supreme Council of Madras, in the oppofition fhewn by him to the fyftem of Sir George Barlow, for the fuppreflion of the difcontents in the Madras army. This confifts wholly of public documents, in the form of a statement of facts prefented to Lord Minto, and a reply to a minute, alfo detailed, of the governor of Fort St George.

Thefe papers are of too great an extent to infert at length, nor will our time or fpace allow us to make, at the inftant, any other than a fhort extract from them, and that chiefly applicable to the military queftion.

"That the Government would not have been difpofed to carry their refentments further than the difmiffal of General Macdowall, with the strong and criminating orders that they published to the army on that occafion, and that it would not have appeared neceffary to extend punishment to the fubordinate officers, who acted merely in obedience to the orders of the General.Sir G. Barlow viewed in a different light, and, in an evil hour, propofed and carried the fatal refolution, of fufpending the Adjutant and Deputy Adjutant-General from the fervice, for having, in the usual forms of office, circulated, agreeably to the directions of the Commander in Chief, his address to the

army.

There

There is a wide difference (he obferves) between the mutiny of a corps and the difaffection and revolt of a whole army, and the measures fuitable to the one are totally inapplicable to the other; prompt and rigorous correction will compel the one, but the other must be regained and subdued by the fame means which wisdom, talents, and knowledge of the human mind employs in the government of millions."

In this impreffion, Mr Petrie recommends conciliatory measures, and particularly deprecates the publication of the orders of the 1st of May; which suspended from the fervice, or removed from their official ftations, eight meritorious officers, without trial or a hearing in their defence. After fhewing the inapplicability of thefe orders to the state of things, and the more than hazardous tendency of them, Mr Petrie contrafts the view taken by Sir G. Barlow of furrounding circumstances, and the policy which he fancied to be adapted to them, with his own.

"To Sir G. Barlow it appeared that government must not concede under any circumftances whatever, and must meet all thofe eventual misfortunes rather than repeal an order once paffed, or refcind any of the feverity which have been adopted towards the army. Very different is the refult of my reflections on this momentous fubject, implicating the lives of thousands, and national confiderations of greater magnitude than ever came under the deliberation of a British Government. On the opinion I have given I muft ftand or fall; but however I may bow with fubmiffion to the will of a fuperior authority, I do not think that torture could make me retract the folemn dictate of my confcience, that every order iffued by this government, for the last twelve months, had better be repealed, than the country plunged into the incalculable horrors of civil war-a war with our countrymen, Briton against Briton, and the Sepoys appealed to and called in to decide this fatal conflict."

the empire of the eaft. It removes the delufion by which for so many years a handful of Europeans have kept millions in awe; and for a temporary, and no great national object, endangers the whole machine of our Indian government. I confider this to be the most fatal wound that the public fafety has received in the prefent diftracted conflict. Granting us complete fuccefs, it will be found, I fear, at no remote period, that we have purchased the victory at the ruin of our country. Great indeed must be the emergency, and the object of infinite importance, to justify a government in reforting to the dangerous and unexampled experiment we have made on the native troops: nothing less, in my opinion, than an obvious and evident danger, which menaces the very existence of the state, by a combination of officers to deliver over the army, or the country, to our enemies."

Mr Petrie explains, on the concurrent opinions of the best-informed military men, that an appearance even of conciliation would have brought back the minds of the army to their original ftate of obedience; inftead of which they were inflamed, as he remarks, by a number of leffer and fubordinate caufes; which fhould have been most ftudiously avoided by any one, not defirous of producing thofe calamitous effects which Mr Petrie deplores. On this fubject he continues

"Ifhall at prefent only advert to the very injudicious, indifcreet, and frivolous difputes, which, for the laft fix or seven months, have taken place with refpect to toasts, invitations, and other circumftances of the fame nature, in the private focieties of the fettlement. The power and influence of Government on one fide, and the general unpopularity of its measures on the other, produced parties in fociety, which very extraordinary talents might have reconciled, but which authority could not fupprefs. In the commencement of the difcontents, the military in general, at the Prefidency, declined accepting of the governor's invitations to dinner.-This was taken up in a manner which gave importance to a circumftance of no moment in it

felf, and, by making the refufal a breach of military difcipline, it increafed the spirit of refiftance; and many officers preferred incurring the severeft difpleasure of Government rather than give this involuntary teft of obedience. The young men of the inftitution were ordered to their corps, because they would not attend a ball of Lady Barlow's. A battalion of fepoys was fent across the peninfula to Goa, because the officers refufed to dine with the Governor: this was

certainly