Chief Justice of that day? The charter of the city of London was taken away, not because, according to Sir Robert Sawyer's opinion, it was for their good, but because the Court was induced to declare it had been forfeited. At the Revolution, however, it was reftored, and the strongest marks of abhorrence were expreffed at so atrocious a deed, perpetrated under the semblance of justice. But before the House can confider this very important bill on that ground, (to which every Englishman must naturally object to it, that it is directly fubverfive of our venerable conflitution, and on that ground I challenge the noble and learned Lord to meet my argument fully and fairly,) it will be necessary to confider the real ftate of the Eaft-India Company. Let us not be misled by Reports from Committees of another House, to which, I again repeat, I pay as much attention as I would do to the hiftory of Robinson Crufoe. Let the conduct of the Eaft-India Company be fairly and fully inquired into; let it be acquitted or condemned by evidence brought to the bar of the House. Without entering very deep into the subject, let me reply, in a few words, to an obfervation which fell from a noble and learned Lord, that the Company's finances are distressed, and that they owe, at this moment, a million fterling to the nation. When fuch a charge is brought, will Parliament, in its justice, forget that the Company is restricted from employing that credit, which its great and flourishing fituation gives to it? Will Parliament, in its justice, forget that all the bill-holders of the Company are willing to extend the period of payment? Will Parliament, in its justice, forget, that so high is the credit of this Company, that if the restrictions were taken off to-morrow morning, every demand due to the State would be discharged? Will Parliament, in its juftice, forget, that not all the wifdom of His Majesty's Councils, nor the united wifdom of this country, has prevented us from being involved in a long, a dangerous, and an expensive war? Will Parliament, in its justice, forget, that though we have met with lofs, misfortune, and dif

grace,

grace, in every other quarter of the globe, this delinquent EaftIndia Company has furmounted the most aftonishing difficulties in India? Will the justice of Parliament forget, that when peace was at last restored to this unfortunate country, the conquests of this delinquent Company were given up, to prevent farther facrifices in the Weft? Will Parliament, in its justice, forget, that this delinquent Company, by the additional expence of freight, or captures at fea, has fuftained a lofs of two millions feven hundred thousand pounds, In confequence of our national war! Will Parliament, in its juftice, forget, that when this country has increased its debt above one hundred millions fterling, this delinquent Company wants but a little time to pay all it owes to the Exchequer, or privilege to use its flowing credit? Will Parliament, in its juftice, forget, that at a former period, when its commerce was circumfcribed, when it had not an empire to fupport, this delinquent Company was allowed to iffue bonds to the amount of three millions fterling, though now limited, at the clofe of an extenfive and calamitous war, to the fum of fifteen hundred thousand pounds? These are circumftances which must be recollected, when we mean to violate private property-an injury which must cut every Englishman to the bone, and which nothing but the strongest neceffity, fully and fairly proyed, can ever justify.

The noble and learned Lord has mentioned the depopulation of fertile provinces in India, the expulfion of a King from his palace, and the cruelties exercifed upon an old woman. Thefe, my Lords, are founding words; but I call upon the noble and learned Lord to prove the facts. It is fomething fingular, that when the character of Mr. Haftings is thus held up to public deteftation, his name fhould be cautiously fuppreffed. Whence, my Lords, this remarkable degree of delicacy towards Mr. Haftings? If he is a defolator of provinces; if he is a plunderer, and an enemy to the human race, let him be pu nifhed for his crimes; but let the facts be proved. The little, low, dirty attempts of malice and faction, which have long been employed

employed to deftroy the character of that great man (as I think him) can have no weight with your Lordfhips. How induftri oufly, my Lords, has every tranfaction of Mr. Haflings's long government, that could tend to criminate him, been circulated? The Reports of a Committee have been fold as pamphlets. The ingenuity of fome men, the industry and the warm imagination of others, have been long employed to fully the well-earned reputation of Mr. Haftings. To my mind, my Lords, Mr. Haftings is one of the most extraordinary characters that this country has ever produced. He has ferved the Eaft-India Company thirty-three years in the most important fituations, twelve years as Governor, or Governor-General of Bengal. He is a man, my Lords, whofe integrity, whofe honour, whofe firmness of mind, and whofe perfeverance, are not only very generally acknowledged in this kingdom, and in Afia, but throughout the continent of Europe. He is a man, my Lords, who poffeffes a moft extensive knowledge of the languages, the politics, the customs, and the revenues of Hindoftan. He is a man, my Lords, who infufed the spirit which animated his own mind, and rofe fuperior to the astonishing difficulties he had to encounter, into the breasts of our brave and intrepid countrymen, who have fo nobly distinguished themselves in Afia. Mr. Haftings is a man, my Lords, who has re-eftablifhed peace in India, who furnished refources for the war while it lafted, by an increafe of revenue in Bengal, and has preferved the provinces under his more immediate control in peace and tranquillity. Mr. Haftings is a man, my Lords, who has held a bold and confiftent language throughout. When the Government of this country fent three men to thwart and to oppose all his measures, he defired either to be recalled or confirmed. Would to God thofe men had never arrived there. When I confider the scene of confufion that enfued, the factious, perfonal, and party fpirit, by which they -were actuated from the very hour of their landing, I am aftonifhed that Mr. Haftings has been able to furmount fo arduous

a trial.

a trial. What have been the means, my Lords, to which Mr. Haftings has had recourse to preserve his power? Has he employed the low and dirty arts of intrigue, which have heretofore been practised?

No, my Lords, he has been fupported by the voice of the public; by great and meritorious actions! This being my opinion of Mr. Haftings, I fhall fupport him until evidence of his delinquency fhall be produced. Whence, my Lords, this extreme defire to avoid a full and pure difcuffion of this queftion? I again repeat it; if Mr. Haftings is guilty, recal him, punish him; but do not, my Lords, let us be deluded by tales fabricated for the purpose of the hour, and circulated with a degree of industry which disgraces the honour and dignity of the British nation. I cannot help adding, my Lords, that to my mind the late difpatches from India contain fuch convincing proofs of the vigour of our Government in Bengal, of the regulations formed for the collection of the revenues, and the adminiftration of juftice throughout the provinces, added to the œconomical arrangements formed in the civil and military departments, that I do believe it will not be in the power of any clerk in office, that Mr. Fox's Directors may fend out, to throw Bengal into confusion again in less than two or three years.

Lord Thurlow, Dec. 9, 1783.

THE moment being now arrived when we are called upon, not only by the voice of the nation, but by the peculiar characteristic of this House, the feelings of our own honour, to exercife that function which the conftitution of the country hath placed in us; I mean, my Lords, that of holding between the King and People the balance of the State in the scale of its government; or, as Charles the First used to express it, of being that excellent screen between the Prince and the People, to affift each against the encroachments of the other.' It is therefore that I rife, and before any other proceedings are had upon the

bill that is now before us, for vefting the affairs of the EastIndia Company in the hands of certain Directors,' to trouble your Lordships with a very few words, as introductory to a motion which I mean to have the honour of fubmitting to your Lordships confideration.

My Lords, the bill before us, for vefting the affairs of the Eaft-India Company in the hands of certain Directors,' is, in a threefold manner, now under the contemplation of this House; and it is fo, my Lords, firft, in addrefs and appeal to us in our legislative capacities, in common with the two other branches of the Legislature.

Secondly, in address and appeal to us as the supreme court of judicature, or dernier refort of juftice, diftinct from the two other branches of the Legislature, and appertaining to ourfelves.

And thirdly, my Lords, in that capacity, in that peculiar and distinguished capacity to which I have just alluded, the capacity of being the mediator between the King and People, and of readering justice to both, by oppofing as well the encroachments of the Crown upon the liberties of the subject, as the encroachments of the fubject upon the just prerogatives of the Crown.

Of the two former, my Lords, our legislative and judiciary capacities, and our duties therein upon this occafion, I fhall not now take up any of your Lordfhips' time, nor, I truft, fhall I have any future occafion to do fo; but it is to the third, our mediation between the Crown and its fubjects, grounded upon the prefent neceffity of our interference, that at this moment leads me to call your Lordships' attention.

Of the bill, my Lords, of which I have spoken, your Lordships having read it, it is unneceffary for me to enter into the detail of its particulars; indeed it is not the time for me to do fo, and I must again hope that that time will never arrive. But it is to its principle that I am now to look; and, in fo doing, enough and enough remains to occupy the deepest and most VOL. II.

D

folemn