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fervants of his majefty, or of the faid company in the Eaft Indies; and that the court of directors fhall and are required to pay due obedience to, and fhall be governed and bound by, fuch orders and directions as they fhall, from time to time, receive from the faid board, touching the civil or military government and revenue of the territories and poffeffions of the company."

And it is further enacted, "that the faid board fhall return the copies of the faid difpatches to the court of directors, with their approbation thereof, or their reafons at large for difapproving the fame, together with inftructions in refpect thereto; and that the court of directors fhall thereupon difpatch and fend the letters, orders, and inftructions, fo approved or amended, to their fervants in India, without fur. ther delay; and no letters, orders, or inftructions, until after fuch previous communication thereof to the faid board, fhall at any time be fent or difpatched by the faid directors to the East Indies, on any account or pretence whatsoever."

And it is further enacted, "that in cafe the faid board fhall fend any orders which, in the opinion of the faid court of directors, fhall relate to points not connected with the civil or military government and revenues of the faid territories and poffeffions in India, it fhall be lawful for them to apply by petition to his majefly in council, touching fuch orders; and the decifion of the council thereon fhall be final and conclufive."

It then enacts," that the nomination of the commanders in chief

fhall be vefted in his majesty, and that the faid commanders in chief fhall always be fecond in council." It alfo vefts in his majetty" the power to remove any governor general, prefidents, and members of the councils of any British fettlements in India ;" and enacts, "that all vacancies in the offices aforefaid fhall be fupplied by the court of directors, fubject to the approbation of his majefty, and in cafe the perfon nominated by the faid court fhall not be approved by his majefty, the faid court fhall proceed to nominate fome other perfon, fubject to the approbation or difallowance of his majesty, in the fame manner as before directed, and fo toties quoties, until fome perfon or perfons fhall be nominated and appointed, who fhall be approved by his Majefty; and in cafe the court of directors fhall not, within days, proceed to fupply the fame, then it shall be lawful for his majefty to appoint a perfon to fupply the office fo vacant."

"It is further enacted, that no order or refolution of any general court of proprietors fhall be available to revoke or refcind, or in any respect to affect, any proceeding of the court of directors, after his Majefty's pleasure fhall have been fignified upon the fame."

The debates on this bill turned principally on its merits and deme rits, as compared with the India bill rejected in the Houfe of Lords. It was urged by Mr. Pitt, that in his bill all the rights enjoyed by the company, under their charter, were preferved inviolate, as far as was compatible with the public fafety. When, in anfwer to this, it was

shewn,

hewn, that nothing but the fhadow of power was left to the company; and that, by the negative referved to the crown in all matters what foever, the fubftance was, in effect, vefted there he contended, that whatever might be the effect of the bill, yet, having previously obtain. ed the confent both of the court of proprietors and directors to all the regulations contained in it, no violation of privileges could be in ferred, where there was a voluntary furrender of them. To this argument it was objected, that the confent of 250, the number of those who vot. ed in the court of proprietors for the regulations in the bill, could not imply the confent of 1,400, who compofe the whole body of proprie tors, especially in a cafe of property, where no delegation of the power of ballotting could be communicated, and where a great part of the abfent members had not an op. portunity to attend: but whatever weight might be allowed to the refolutions of the court of proprietors, they only proved, that of two evils, the more formal refumption of their authority by the firft bill, or the indirect affumption of it by the laft, they had chofen what they conceived

to be the least.

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judicious management, enable the minifter in reality, though not in form, to nominate the whole; and every member, both civil and military, being made removable at the will of the crown, would naturally become fubfervient to its views and interests.

permanent

In the former bill, the transferring the entire government of the company's affairs to the new board, the nomination of commiffioners in parliament, and the duration of their authority for a term of four years, had occafioned a great alarm, as creating a new power dangerous to the conftitution. The object of the prefent bill was merely control; and the exercise of that control, like every other branch of the executive government, was referred to the difcretion of the crown. In anfwer to this, it was obferved, in the first place, that to leave one fet of men, who had not only been convicted of having notorioufly abused their power, but were univerfally allowed to be unfit for the truft repofed in them, in the poffeffion of dominion, merely for the purpofe of being controlled by another, was to establish difunion and weakness in government upon fyftem. The notable expedient provided in this cafe, of an appeal from the king's privy council to the King in council, was ridiculed with great fuccefs. In the second place, it was argued, that the propofed regulations tended confound one of the ftrongest principles of good government, that of refponfibility. The court of directors certainly ftood foremost in the oftenfible government of the company; but it was to make them refponfible for orders and inftructions which they might be obliged to fign, con[F]

to

trary

trary to their judgment and their confcience. Laftly, it was ftrenu. oufly maintained, on the fame ground that had before been taken in the debate, on, the rejected bill, that no effectual fyftem of regulation could be devifed, in which an independent and permanent power was not lodged in the perfons who were to be intrufted with the execution of it.

The bill was read a fecond time on the 23d of January; and on the motion for its being committed, the houfe divided, ayes 214, noes 222. The bill being thus rejected, Mr. Fox

gave notice of his intentions to bring in another bill relative to the fame object; in which, without departing from the leading principle of the firft bill, that of eftablishing a refponfible and permanent government at home, he should endeavour to accommodate the reft to the wish. es of those who appeared to have taken' what he conceived to be a very groundless alarm at his former propofitions. This notice was received with great fatisfaction by the Houfe; but the events which fol lowed prevented their proceeding further upon it.

CHAP. VI.

Refolution moved against the miniftry by lord Charles Spencer. Union of parties called for. Difficulties flated by the leaders of each party. The minifter called on to give information relative to the defign of diffolving parliament-be refufes. Motion intended to be made thereon, but deferred. Minifler again interrogated refpecting the diffolution-bis anfwer. Motion to obftruct the diffolution. Minifter's reafons for continuing in office. Ridiculous accufation of the late miniftry of bribery. Causes of the indecifion of both parties. Meeting of members at the St. Alban's Tavern to effect an union-their address to both parties, and the answers—their motions in the House of Commons for forming a new miniftry, ordered to be laid before the king. Motion of the St. Alban's affociation against the exclufion of either party in forming a new ministry carried in the House of Commons. Difinterested conduct of lord North. New expedient for effecting an union-causes of its failure-mischievous confequences of thofe meafures. His Majefty's refufal to difmifs bis ministers—debate thereon. Proceedings in the House of Lords. Addrefs to the King from the Commens on the refolutions laid before him, and his Majesty's anfier. Address 10 the King for the removal of his minifters, and his Majefty's answer thereReprefentation to the King on the ftate of public affairs. Prorogation and diffolution of parliament.

10.

16th Jan. THE difcuffion of

the bill for regulating the affairs of the Eaft India company did not prevent the Houfe of Commons from adverting, in the mean time, to the general ftate of

public affairs. The refolution, which paffed on the 12th of January, would probably, at any other period, have operated decifively against the mi niftry; but the ftake was too deep to be hastily thrown away; and an at

temp

tempt was therefore made to evade the confequences of that vote, by confidering it as too generally word ed to convey any direct cenfure on the members of the prefent adminif. tration. In order therefore to bring the point to a more direct iffue, the following refolution was moved by lord Charles Spencer, in the committee on the fate of the nation:

"That it having been declared "to be the opinion of this Houfe, "that in the prefent fituation of "his majesty's dominions, it is pe"culiarly neceffary there should be "an administration that has the "confidence of this Houfe, and of "the public; and that the appoint. "ments of his majesty's prefent mi"nifters were accompanied by cir"cumstances' new and extraordi"nary; and fuch as do not con"ciliate or engage the confidence "of this Houfe; the continuance "of the prefent minifters in trufts "of the higheft importance and refponfibility, is contrary to con"fitutional principles, and inju. "rious to the interefts of his ma.

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jefty and his people."

In oppofition to this motion, it was argued, that the premises, allowing them to be true and well founded, did not warrant the conclufion, fince the prefent minifters were not even accufed of having had any fhare in the tranfactions alluded to. They had been conftitutionally appointed by his majelly, who had the fole right to appoint them; and though it was not denied that a majority of the Houfe Was competent to declare their Want of confidence in minifters fo appointed, yet they were bound in duty to alledge good and fufficient grounds for fuch a declaration; otherwife the nation would justly

confider it not as a conftitutional queftion, but as a daring affumption of the prerogative of the crown, and a factious attempt in fuch a majority to nominate their own minif ters.-In answer to these arguments it was proved, from various preces dents, that the Houfe of Commons had frequently paffed votes of cen fure on minifters, without alledg ing any fpecific acts as the grounds, of fuch cenfure. But without having recourfe to this authority, it was afferted, that the reafons adduced in the motion were full and fufficient. That the prefent minif ters did not poffefs the confidence of the Houfe, was a fact recorded on their Journals. It would be vain and fruitless to fight over again, on every occafion, the grounds on which that refolution was voted; and if the deliberative opinion of a decided majority, on a great public queftion, and in the exercise of their undoubted privileges, deferved the appellation of factious, by what epithets was the conduct of the minority to be defcribed, who were attempting to weaken the authority, and to overawe and control the general fenfe of the body, of which they made a part?

In the courfe of the debate, Mr. Powis expreffed his wifhes for an union between the contending parties, as the only means of faving the conftitution from the fhock it was otherwife likely to receive. No notice was taken by Mr. Pitt of this overture; and Mr. Fox declared, that until the right honourable gentleman, by quitting the fituation, which in the opinion of that House he had obtained by unconstitutional means, and which he feemed inclined to maintain in defiance of their refolutions, had made amende [F] 2

honourable

bonourable for his offence, and thus qualified himself to return to it on fair, open, and honourable grounds, he would never confent to act with him. On the divifion there appeared for the refolution 205, against it 184. 20th Jan. The public expectation was now fixed on two important events, the one or other of which it was fuppofed would be the neceffary confequence of the laft vote of the Houfe of Commons; namely, the refignation of the minifters, or the diffolution of parliament. On the 20th of January, the day appointed for the committee again to fit on the fate of the nation, there was a general call amongst the members, called country gentlemen, for a coalition. Mr. Fox perfevered in the fentiments he had before delivered, but declared his readinefs to put off the committee, that no hafty fteps might be taken; at the fame time he was of opinion, that the chancellor of the Exchequer was bound to give fome explanation of the very extraordinary conduct he had thought proper adopt. Mr. Pitt acknowledged that his fituation was new and extraordinary; but had no doubt, that whenever the proper time came for ftating his reafons to the Houfe, why he continued in office after the refolution paffed on the 16th, he fhould make it appear that he had been actuated by a strict fenfe of his duty.

faction refpecting a measure in which they were fo nearly concerned; and, on his remaining filent, a loud and general call was repeated from every fide of the Houfe. At length fome harth expreffions, used by general Conway, relative to his conduct, obliged him to rife; but, after fome warm remonftrances on the treatment he had received, he concluded with a flat refufal to anfwer the interrogatories that were put to him. Several of the members who ufually voted with him, now joined in the general request, but in vain. The House grew unufually warm, and Mr. Eden was preparing to move preparing to move the following refolution,

"That for any of his majefty's "confidential minifters in that "House, to refufe to the House an "explanation of the fenfe an which "fuch minifter underftands a speech or an answer of his majesty, is contrary to the ancient and uni. "form practice of former minif.

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The rejection of Mr. 23d Jan. Pitt's India bill, which took place, as was before related, on the 23d, was generally confidered as the concluding act of the prefent Houfe of Commons. As foon as the divifion was over, the minifler was defired to give the Houfe fome fatif

4

ters; and tends to produce un. "neceffary applications to his majefty, and is disrespectful to his "majefty and to the House: When Mr. Fox interfered, and recommended an adjournment, that the right honourable gentleman might have time to recollect himfelf, and confider whether he had treated the House with that respect which might be expected from a minifter ftanding in his peculiar circumstances.

On the following day,

24th Jan. Saturday, as foon as Mr. Pitt had taken his place, Mr. Powis rofe, and after lamenting with tears the extraordinary and difgraceful fcene he had been a witness to not long before, and thanking the member who had fo generously put on

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