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King's Speech, generally confidered there as the Specch of the Minister, was cuftomarily treated in that House. He justified this claim by obferving, that there was a mode of forming a fyllogifm by multiplying and branching out the main propofition into numerous pofitions, and placing it in a variety of points of view by means of queftions, fo put, that human reafon could not withhold their affirmative affent to any one of them, and yet every man's mind muft deny the general refult deduced. Having ftated this, he intreated the Houfe to give him credit for not confidering the queftion relative to Fortifications with any party impreffion or bias. The queftion was beyond the reach of party; it was in his mind, the moft important and the most interesting, whether confidered as an official, a financial, or a conftitutional question, that ever came before Parliament. He, who made it a party question, was unworthy to be heard upon it. The General concluded with repeating his request to be informed whether the whole of the inftructions, or only part of them were to be laid before the Houfe?

The Chancellor of the Exchequer rofe immediately, and with much pointed irony adverted to the argument of the Hon. General, which he faid was fo far fetched as not to be capable of illuftration, except by fuppofing a convulfion of nature, or fo abfurd an event as the junction of Dover and Calais, by a new created ifthmus.-Would the Houfe believe, that the most respectable Board of Land and Sea Officers that had ever fat could have deen impofed upon by fuch frivolous and vifionary hypothefis.As for the Hon. General himfelf, every gentleman, who was acquainted with his unrivalled fkill in all the departments of literature, as well as of war, knew very well that no logical fubtlety could poffibly fo far triumph over his reafon, as to lead him on through a feries of enquiry and inveftigation by means of fuch data and hypothefis as were in themselves undeniable and felfevident, but which tended to a conclufion, which though it could not be refuted by argument, the mind was yet determined to deny. And it was fill more inexplicable how fuch an impofition could be practifed under the direction of a perfon who, high as he before stood in the opinion of the Hon General, was raised ftill higher by his conduct at thar board, and from whom enlightened as the Hon. General's mind had already been, he had re

ceived fresh light and improvement. As to the Hon. General's infinuation that the Report of the Board was founded upon hypothefis and imaginary cafes, he was ready to meet him on that ground; for though they were many hypothefis fub mitted to them, yet, upon the grand queftion of the neceffity and propriety of the fortifications, there opinion was unqualified and fpecific. Nay, the Report itfelf, and that in a part of it where the Board was unanimous, and which of course must have had the confent of the Honourable General, did arrange the fubject matter of their enquiry, in fuch a manner, as fhould extend it to fuch ob jects, and fuch objects alone, as were neceffary for their difcuffion.

Mr. Fox role and faid, it would have been, in his mind, well for the Right Hon. Gentleman, if he had imitated the modeft and unprovoking fpeech of his Hon. Friend, and had reftrained his triumph, till the House by having the papers (from which they would be enabled to form and give a judgment) upon their table, had decided that the Right Hon. Gentleman had caufe for triumph. Exultingly as the Right Hon. Gentleman had chofen to deliver his comment upon his Hon. Friend's pofitions, there appeared to him to be but little ground for fuch exultation. The Right Hon. Gentleman knew perfectly well, for he had once be longed to a profeffion that never fcrupled to maintain the best that could be made of an argument, even when truth was not on its fide, that logical powers could work wonders. Had the Right Hon. Gentleman been ftill in the profeffion to which he alluded, perhaps he would not have blushed to have avowed fuch a fenti ment. He could be no finger than to the powerful effect of the art of fubtlety, and it could not appear improbable to him, however it might strike ordinary hearers with aftonishment, that it was in the power of skillful and export cafuifts to puzzle a plain and fimple propofition, by branching it out into an almoft innumerable feries of artful questions, to every one of which it was impoffible to answer otherwife, than yes, and to the refult of the whole, notwithstanding, the minds of informed and rational men must deny concurrence. Mr. Fox faid, he not only concurred in the character his honourable friend had given of the noble Duke, but if he might be allowed to fay fo much in his prefence, though by the rule of the House he was

fuppofed

fuppofed not to be prefent, he had a very fincere regard and affection for him, but he nevertheless wondered not, that in logical reafon and logical deduction, the noble Duke should prove more than a match for the late very refpectable Board, or indeed for any Board of Naval and Military Officers that could have been allembled. But left he should be thought too partial to his relations, he made no fcruple to avow, that great as his opinion was of the noble Duke's kill as an engineer, and profound as his refpect was for the opinions of fuch men as fat at the Board of Enquiry, he thould be inclined to think the question neither a naval or military queftion, but to confider it as a question of a broader nature, as a political qeuftion, as a queftion of finance, and a queftion that went immediately to the Conftitution. So thinking, he should have prefumed to have differed from the noble Duke, and from the Board of naval and military Officers, and without pretending to the fcience and knowledge of either, would have met it on other grounds and argued, it on other principles. Mr. Fox here ftated his furprize at the file affumed the other day by the Minifter, when Mr. Vyner had talked of the question, as a queftion of a deep conftitutional tendency. He faid, he was firmly of opinion that it was one of the greatest queftions that ever came under difcuffion, and ought to be looked at in a much more extenfive point of view, then merely as to the expence of the matter immediately to be commenced. In repeating the part of his Hon. Friend's fpeech to which he alluded,the Right Hon. Gentleman, he obferved, had introduced a word that implied a great deal, but he hoped not intentionally fo illiberal a conftruction as it would bear. He meant the word determined. The Right Hon. Gentleman had quoted his Hoa. Friend as having said, that mens minds were determined to deny the refult of the feries of logical queftions, though they had admitted all the logical data. Surely the Right Hon. Gentleman did not mean to fay the Board, or any members of it, came determined to deny the refult of felf-evident propofitions "Before he fat down, Mr. Fox defired to know whether the papers, the Minifter was willing to grant, would bring before the Houfe the points in conteft and in iffue between him and the Hon. General ? and whether he did not mean

The Duke of Richmond fat in the gallery, oppofite to Mr. Fox, during the whole of this debate.

to give a longer day than Monday for the difcuffion of the question? As to the wording of the two motions Mr. Fox profeffed himfelf to be perfectly indifferent.

Commodore Bowyer in a fluent fpeech, ftated it to be his opinion, that the Report of the Board of Naval and Military Officers contained matters of fuch a delicate nature, that he feared the making any part of it, that could afford information to the House publick, would give light to our enemies as to matters in which he hoped and believed they were as yet in the dark. He affigned his reafons for thinking fo, juftified the fortifications, and declared he had a firm reliance on the prudence and precaution of his Majefty's Minifters in laying fuch parts of the Report only before the Houfe, as could do no harm; he faid he wished the rest of it might be hid from the fight of all mankind.

Captain Markbride on the contrary maintained that there were many parts of the Report, the publication of which could do no poffible injury to the State, efpecially, he faid, the department in which he had been employed, had found no cause whatever to report any thing that could justify putting the nation to fuch an expence as the commencement of the propofed lyftem of fortification would induce. The Captain faid, 'he fhould more fully explain himself when the fubject was more fully before the House.

The Chancellor of the Exchequer apologized for the expreffion that had been complained of by the Honourable Gene ral, affuring him that he by no means meant to infinuate that he would fit down to an enquiry with a mind pre-determined to refift conviction, an imputation he fhould be heartily ashamed of, as well from his refpect to the Honourable General, as to the other great characters with whom he had been joined in the inveftigation. To Mr. Fox he said, across the table, that he by no means meant to deprive the Houfe of the advantage to be derived from the papers required, by hurrying on the bufinefs before they had obtained every information poffible from them, and therefore would willingly confent to delay the bufinefs till Wednesday, which, as the papers were to be laid on the table this day, would, he thought, afford fufficient time for Gentlemen to make up their minds.

At length the question, ftated in the Chancellor of the Exchequer's words, was put, and agreed to nemine contradicente.

Mr.

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Mr Courtenay, then moved, "That "copies of the estimates of the expences " of the fortifications of Portsmouth and Plymouth, delivered into the Board of "Naval and Military Officers; and alfo, Copies of the Eftimates of the Expences "delivered in by the Engineers of the "Tower to the faid Board, be laid be"fore the Houfe." They were ordered accordingly.

The House rofe about Half past Seven.

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Friday, February, 17. AMERICAN INTERCOURSE BILL. The Right Hon. Mr. Jenkinson rofe, according to the notice he had given, to move for leave to bring in a bill for continuing, another year, an act made in the Jaft feffions, for regulating the intercourfe between the States of America, and the British dominions. He faid, he must neceffar ly take up fome time of the Houfe,, in order to state a few facts relating to the prefent fituation of trade between our pofeffions and thofe of the United States. He entered largely into the ftate of the American trade, dividing it into two branches; one between the British WeftIndia Islands and the United States; the other between thofe States and Great Britain herfelf; and gave an account of the various articles that were the fubjects of each, viz. corn, flour, bifcuit, pulfe, and beef of the former, and fome few unmanufactured commodities, (as oil, pitch, &c.) of the latter. Thefe were branches of commerce highly advantageous to this country, and there was no danger of their being taken from us; because it was equally defirable for the Americans to find à market as it was for us to be fupplied with those commodities. He gave a long account of the British fhipping last year employed in the American trade, which he faid amounted to about 700 veffels, employing four thousand feamen, and containing 58,000 tons. It had been de fired by fome gentlemen, on former occafions, not to reftrict the importation of American produce into our islands to Bris tifh fhipping; but he never could agree with them in opinion that it would be politic fo to do, becaufe it was the practice of the Americans, when admitted with their merchandize into thofe iflands to carry away nothing but fpecie in return, and then to proceed to the neighbouring

French or Spanish islands to purchafe rum and fugar for the Continental market, This he inftanced by a fact that had happened laft year, when, in confequence of the hurricane, the Governor of Jamaica had found it neceflary for fupplying the island with provifions, to publish a proclamation, admitting all American veffets into the harbours, and giving them permiffion to difpofe of their cargoes there→ this proclamation accordingly brought a fufficiency of provifions into the market; but almoft the whole was paid for in ready money, which was carried out of the ifland: from this circumftance he fhould always be an enemy to admitting the Americans to import their produce into our islands in their own bottoms. We fhould always have a confiderable share of their trade for the fale of our rum and fugars, if imported in our own ships, becaufe our islands are the only market they had for their corn, flour, and bifcuit, Portugal had already prohibited thofe follow her example-France excluded commodities: it was likely Spain would them from her Colonies, and it was not probable the would admit them into Old France. They were debarred from the Mediterranean trade by the Barbary cor fairs, and as for the northern parts of Eupect any encouragement there, so that rope, it would be abfurd for them to exthey would be always under the neceffity order to obtain a vent for their grain, pulse of admitting our Weft India produce, in and provisions. The regulations now and with great fuccefs, as the Weft India propofed had been tried for three years, iflands were as well as ever supplied with provifions and lumber. It might therefore be a queftion, why he did not now as had been intended, propose to make the bill permanent? His reafon was, because he understood there was a petition to be fent over by the Affembly at Jamaica against the prefent fyftem, and he thought it better not to make it permanent until it fhould appear how far it might be proper to comply with that petition, and until its merits were fully inveftigated; and on acAmerican councils, fome of the States count of the prefent unfettled ftate of the having directed Congress to come to no fettlement whatfoever, fome to arrange the intercourfe as foon as nine States should agree, and fome to poftpone any regulati on until the whole Congrefs fhould be una nimous. And at all events, no bad confequence could arife from giving the bill a trial for one year more. He therefore

mored, "That leave be given to bring in a bill to renew the provifions of an act for regulating the commercial intercourfe between the United States of America and the British dominions.

upon, by the party principally interested in any poffible proceeding that could be inftituted, in a manner highly honourable to that gentleman, but in a moment which rendered it impoffible for him not to do his duty; though he could not fuf

IMPEACHMENT OF WARREN HAST-, ficiently lament that through a devolution

INGS, ESQ.

Mr. Burke defired, that the Journals of 1782 might be turned to, and the 44th and 45th refolution of May 29, be read. They were read accordingly, and were as follow:

"That for the purpose of conveying "entire conviction to the minds of the "pative princes, that to commence hofti"lities without juft provocation against "them, and to purfue fchemes of conqueft " and extent of dominion, are meafures repugnant to the with, the honour, "and the policy of this nation, the Parlament of Great Britain fhould give fome fignal mark of its difpleasure "against thofe, in whatever degree intrufted with the charge of the Eaft India Company's affairs, who fhall appear wilfully to have adopted or counte"naaced a fyftem tending to infpire a rea"fonable diftruft of the moderation, jufrice and good faith of the British na

"tion."

"That Warren Haftings, Efq. Go"vernor-General of Bengal, and Wil "liam Hornfby, Efq. prefident of the coun"eil at Bombay, having in fundry in "ftances acted in a manner repugnant to "the honour and policy of this nation, "and thereby brought great calamities on "India, and enormous expences on the "Eaft India Company, it is the duty of "the Directors of the faid company to purfue all legal and effectual means for the removal of the faid Governor"General and Prefident from their ref44 pective offices, and to call them to "Great Britain."

44

Mr. Burke then rofe again, and lament ed that the folemn bufinefs of the day fhould have devolved into his hands, when it would have come forward with fo much more weight and effect, in the hands of the Right Hon. Gentleman, who had fuggefted the very refolution that had been read to the Houfe, and had perfuaded the Houfe to vote it, with many others. He had, he said, been urged to endeavour to put the refolutions in force, and to prevent their remaining a mere calumny on the page of their journals; he had been called POL. MAG. VOL. X, MARCH 1786.

occafioned by the natural death of fome, the political death of others, and in fome, inftances a death to virtue and to principle, he ftood alone to refume the dignity of the Houfe from degradation, to enforce its intention, and to give vigour and effect to a fentence paffed four years ago. Mr. Burke cautioned the Houfe, however, againft confidering him otherwife than as their agent; the Houfe had four years ago accufed and charged Mr. Haftings, he therefore ftood up in a fubordinate capacity to endeavour to do what the House clearly meant fhould have been done, and perhaps it would have been better had it been done earlier. The House owed protection to all who acted in its name, and under fanction of its authority; by protection, he meant that fair and honourable interpretation of conduct, which every map. who meant to have acted uprightly was entitled to. In order to give the House and especially thofe who were newly be-" come members of it a proper notion of all that had been done by that Houfe refpecting India, it would be neceffary for him to go back a few years, and flate regularly what proceedings had been pursued refpecting it; but this he would endeavour to do in as compendious a way as poffible, being defirous of taking up no more of their time than he could not avoid. In the year 1764, or thereabouts, the East India Company fent out Lord Clive to eftablish certain principles of government in India, which were at that time held to be the wifeft policy to be pursued, in respect to the British poffeffions in that quarter of the world. His Lordship was eminently fuccefsful, and a moft immense extent of territory fell of a fudden into the Company's hands, in a manner so aston ifhing, that it was as much matter of furprize, as the acquifition was wonderful. ly great in point of value. From that æra, wealth did what it generally does, it opened a door to corruption. Abufe crept in upon abufe, till all India became one continued fcene of peculation, rapine, fraud, injuftice and difgrace. The na tional honour was fullied, and the British name funk greatly in the eftimation of the native Princes of the Eaft, and indeed, in the eftimation of all Europe. On Lord

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Clive's

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Clive's return, it was neceffary that fome perfon fhould be appointed Prefident of The Council at Calcutta, and be put at the head of the government of Bengal, who had been bred as it were in thofe principles of Government for the British poffeffions in India; and therefore it had been thought advifcable, to take Mr. Warren Haftings from a government in the other part of India (Madrats) and put him at the head of the Bengal government. Thus matters went on, till that Houfe found it neceffary to turn its attention to the affairs of India, and to enquire into their fituation. Various committees had from time to time been appointed and different proceedings had upon the ground of their reports. At length in an unfortunate moment the American war broke out, and in the midst of that mad and mischievous conteft, the affairs of India kept their hold on the minds of that Houfe; in the year 1781, the Houfe thought it right to inftitute two feparate and diftinct committees, a Secret and a Select committee; at the head of the for mer was placed a Right Honourable and learned Gentleman, who then fat oppofite to him, and who had fuggefted the ftring of refolutions from which he had felected that refpeding Warren Haftings, Efq. and Mr. Hornby; a refolution to pointed, and fo directly accufing thofe gentlemen of neglect of duty, and with having acted. improperly in their official fituations, that perhaps, the House would wonder, that a gentleman whofe mind after a long and Jaborious inveftigation of the facts was fatisfied that fo streng a resolution was founded, fhould have contented himself with having perfuaded the Houfe to adopt the refolution, vote it, and thus make it their own. The other (the felet committee) had been moved for by General Smith (now no longer a member of that Houfe) and the motion had been feconded by an Hon. Gentleman, at this time Secretary to the Board of Controul. Mr. Burke hinted that it would have become that. gentleman to have been the perfon to have taken the business up, which he was about to bring under confideration. On that committee (the Select) Mr. Burke faid, he had been an unworthy member; and he could answer for it, that however deficient in point of ability the committee in general might be, the mebers of it were exceeded by none for their zeal, their affiduity, and their labour. The two committees had both applied with fo much conftancy, and with fo much un

remitting attention to the fubjects fubmit ted to their investigation, that they had produced a larger body of evidence, and laid a more voluminous pite of reports on the table, full of unportant and interefting information, than had ever been produced' by any feven committees before inftiruted. And yet a noble Lord, high in office, of great weight and authority, and at that time keeper of the King's contcience, had thought proper to treat thofe reports as idle fables. Such as the reports were, however, it was upon the authority of the charges against Warren Haftings, Efq. in thofe reports as well as upon the authority of the firing of refolutions that food upon the journals of May 28, 1782, that he refted his accufation of that gentleman as a delinquent of the fift magmtude, when he urged that accufanion, be did no more than the Houfe had already thought proper to admit, and to declate. That the Houfe had not proceeded wantonly, rafhly, or illadvitably in their investigation of the affairs of India, and that their labours did not pafs regarded, Mr. Bike faid, was evident, from the honourable manner in which it had been recommended to their attention in a Ipeech from the throne at the clofe of the feifion of 1782; and likewife, from the gracious expreffions, in which hi. Manely had treat ed of their progrefs at the opening of the next feffion. Mr. Burke read extracts from both the King's fpeeches in queftion, and dwelt for a confiderable time on the weight of fuch finction, and the inference to be drawn from fuch encouragement. After going through an abundant feries of argument, and touching upon an infinite variety of relative matters, he proceeded to explain the fort of process that he meant to purfue, in refpect to Mr. Haftings, against whom he had been fo warmly urged and challenged to proceed, and against whom he certainly should proceed, if the papers that he meant to move for, fhould be granted him. There were, he obferved, three feveral modes of proceedings against State delinquents that the Houfe had, at different times, and as the nature of the cafe, my ht 'een to re quire adopted; the first of thete was, by directing his Majetty's Attorney General to profecute; but this mode of proceeding he did not think it advifcable to adopt on the prefent occafion, because he had never remarked that the learned gen tleman, at prefent in that high lay office, (for whose character, ability and knowledge no man entertained a more

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