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but complaints had hitherto attended its proceedings. That if the company was not armed with fufficient powers for the punishment of its fervants, and the regulation of its government in India, the fault lay wholly in administration, as a bill had been brought in for that purpose in the preceding feffion, which was laid by, under pretence of waiting for the discoveries. that were to be made by the felect committee.

That the evils apprehended, from the extraordinary powers of the fupervision falling into the hands of the offenders in India, were merely imaginary ;; the company had well forefeen, and effectually pro vided against thofe evils, in the body of the com-miffion; no act of the fupervifion can be valid with-, out the prefence of the three commiffioners; the first of these is to have the cafting voice, and they are to be affifted by the governor, the commander in chief, and second in council only as inferior affeffors; and the supervisors have power, if they fee caufe, to difmifs the governor and whole council, and have a power of controul in all cafes.

That if the particular interefts of the company were confidered as matters of indifference, the great revenues, and immenfe benefits it afforded to the public, were not to be wantonly fported with; that as the restraint in the bill was laid for fix months, and the feafon of the year would of neceflity continue it for fix more, twelve whole months, in the prefent critical state of their affairs, would be totally loft to the company, before any intended regulation, whether by parliament, or otherwife, could poffibly take place; that this delay might be productive of the most michievous effect to the company, as the grievances and evils, which they wanted to remedy or prevent, would have the accumulation of all that time added to ther

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

But the great force of the arguments on this fide, was principally directed, to the present unusual and extraordinary ftretch 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 justified 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, must not only destroy the credit of the 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 measure, 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 fuipension. It was faid that they had arbitrarily and capriciously fufpended the legal courfe of bufinefs in the court of proprietors,

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 faces 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 thofe, 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 administration in this bill. The effects of the party dif putes with respect to the appointment of fupervisors, 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 oppofition had not then come to town. Upon a divifion late at night, and not a very thin house, 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 greatest dispatch. It did not, however, pafs without oppofition; though, as in the other house, the opponents were few. A noble duke, who had long been diftinguished in oppolition,

pofition, and who of late had applied himfelf with uncommon induftry to obtain a perfect knowledge of India affairs, traverfed this bill with great vigour and almost alone, for the fhort time in which it was paffing through its feveral stages. 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 last reading, (a matter, however uncommon, which was readily beHeved) 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 used upon this occafion, fo far as they were peculiar to the place, or may feem to throw new light upon the fubject. As the houfe of Lords is clofe fhut we are obliged to gather the arguments of the minority in that houfe from their protefts; thofe of the miniftry, we must 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 franchises and capacities, without any legal caufe of forfeiture, establifhes 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 of law, 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 loft; that this misfortune is greatly growing

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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 occafion; 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 fubfift.

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 compofed 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 adminiftration; and that their fituation was peculiarly unfortunate, when driven from all confidence in public faith, and the laws of their country, they fhall find no fecurity for their charter privileges even in those very minifters, 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 houfe 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

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