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his measures in council; but as soon as he differed from him, was for getting rid of him, and told him, that no man should ever rise in the service who opposed him. [The House called for proof of this fact, but none was produced.]

broke up on account of the late season, he thought parliament had not a moment to lose to prevent a civil war, and the arbitrary power of the nabob. He had voted for the Bill for regulating the East India Company; he thought them competent to manage their trading business, but not to govern large territories independent of the parliament of Great Britain; and the moment they became influenced by the King's ministers, which it was evident they were, it was time to interfere.

Mr. Wombwell defended the resolution of the 9th of May; read extracts from two or three of the bye laws of the Company, which directs that the minority of the council shall be bound by the majority; and that when there is an equality of voices, the fate of the question shall be decided by lot; from which he drew this inference, that as lord Pigot had broke through the bye laws of the Company, he had broke through its constitution, and had been guilty of positive and direct disobedience, he was of course no longer worthy of their trust or confidence. He spoke of the flourishing state of the Company; said, he did not wish that parliament should interfere but when there was real occasion, as there was at the time of the regulating Bill, which he called a most wise and timely interposition, which saved the Company and proprietors from dissolution and ruin. The effects were apparent in more instances than one; the proprietors might sleep on their pillows with ease and security: the Company was rescued from impending bankruptcy, and the widows and fatherless from penury and distress. The face of things was now, thank God, altered; the affairs of the Company were in a most flourishing condition. The debts in Bengal were paid off; the investments were made; the bond debts were reducing; in truth, the conduct of the friends of the present motion was uniform in its effects, should their doctrines prevail, though seemingly inconsistent; for as at one time they were against the interference of parliament, when it proved the salvation of the Company; so now they pressed a parliamentary interference, when it promised to be productive of the very worst consequences. He read an extract of a letter, relative to lord Pigot's conduct towards one of the council, a Mr. Floyer, who at first pressed to be sent to one of the out-presidencies, but was refused by his lordship, in order to keep him for the purpose of supporting

Mr. Fox opened with a remark as to the objection of bringing on the business at this time of the year; he desired gentlemen to remember that it was in the month of May they voted away the liberties of America, and it was in the month of May they voted the Quebec establishment so contrary to our constitution; he thought no time so proper as the present for the business before them. When a noble lord had suffered a violence unknown under any legal government in the world; had been thrown from his seat of office, arrested, imprisoned, and his life threatened by the military power, trampling upon the civil, it was necessary to make an enquiry how this dark transaction had been contrived, and by whose influence, those who were the principal actors and agents in it, were encouraged both at home and in India. He said it was evident the nabob of Arcot wanted to be master of the EastIndia Company's affairs; and this he could not effect, without removing a governor sent out express to controul his power. Lord Pigot was the only governor in any part of his Majesty's dominions who had gone out without the approbation of the minister, therefore he must be removed, therefore the agent of the nabob must be countenanced here, and a resolution to recall him be contrived for the purpose, For his part, he saw it was impossible for the muscles of the human face to be kept composed, while such an absurd resolution was read he never had met with any one man, of any party whatever, who approved it. He had heard, ever since he knew any thing of public affairs, that Tanjore was a rich country, that all the other parts of India had been plucked till they could bear no more, but Tanjore still remained to be fleeced, and would afford fine pickings for the nabob of the Carnatic and his party in England and in Asia. He saw a chain of connection established long since between the nabob and administration, which was now made public by the arrival of the nabob's ambassador, who had not yet declared himself in form, but had been perfectly well received. He justified lord Pigot principally upon the justification and representations of his enemies and persecutors; upon the ac

General Conway lamented the fate of the noble lord, who must continue to lie at the mercy of his most inveterate enemies and persecutors, without a possibility of redress, till relieved by orders to be sent from Europe.

Mr. Wombwell rose to explain, and moved, that some of the papers on the table might be read; particularly a copy of the minutes of what passed between lord Pigot and one of the counsellors at Madras, Mr. Floyer, relative to a difference of opinion.

counts transmitted home by Mr. Stratton, of revenging himself upon all who had ofand the other counsellors, who stood in fended him: would you let loose Marius the same predicament. He contended, on the friends of Sylla? It was not a sithat this was evidence not to be contro-tuation desirable for human nature to be verted, or explained away. It was a re- placed in. cord against the parties, the truth and au thenticity of which they could not now dare to appeal from. He said, the effect of this evidence throughout, led to the most certain self-conviction. He gave the highest encomiums on the virtues and military talents of lord Pigot; and was so very able, pointed, convincing, and severe, that several of the members, in a transport of approbation, forgot themselves so far, as to testify it in accents of Bravo! Hear him!-which they accompanied with a clapping of hands [a conduct unprecedented.] He observed, that there was a remarkable deficiency in the House, which shewed the opinion that men in office had of the business. One learned gentleman, the Attorney General, was ill; the next in the law did not chuse to be present, to risk defending such a proceeding as that now condemned; he supposed he too was ill. A noble lord (G. Germain), who was upon every occasion so anxious to discountenance rebellion in the west, might have been supposed an equal enemy to it in the east, but he also was absent. Many, however, as were absent from this dirty business, there were enough, he feared, present, to insure its success.

Mr. Henry Dundas observed, how unparliamentary it was to call on a gentleman for proof of what he said, as if nobody was to advance any thing in that House without proof at hand; and how absurd it was to give the theatrical applause to a gentleman for a ready turn. He remarked, that the resolution of the last court of proprietors was when 700 were present, whereas the preceding one was when there was no more than 500, consequently the last was the genuine opinion; for as to ministerial influence, as he knew not the fact, he could not admit the supposition. The resolution of recalling all, he thought a very wise one, since it was certain they had fallen into many factions; and when once that was the case, no good could be expected from continuing them; besides, the proper enquiry into the transaction could not be had without lord Pigot's assistance here: if it was found he was injured, there were means enough in this country to reward him. Another circumstance was, the impropriety of replacing lord Pigot in a capacity

Mr. Burke said, he had been twice on his legs; first, when the right hon. general spoke; and a second time, when the last hon. gentleman, a chairman of the East India.Company, stood up, to move for the reading of the papers. From that gentleman's situation, and his means of knowing the true state of affairs in India, he expected to have heard something interesting on the subject, and accordingly relinquished his turn; but now that he disappointed that expectation, by forbearing to say a syllable, but to read papers which were open to every member, he was in the judgment of the committee, whether he had not a right to be heard.

Mr. Wombwell replied, that he did not mean to fatigue the committee, with reading a voluminous state of facts already known. He only pointed to a particular circumstance which he asserted in debate, and was called upon by the gentlemen on the other side to prove: and wished, therefore, it might now be corroborated by the minutes taken in council at the very time the matter happened; and that in the presence of the parties. It was a collateral proof; it would confirm the conversation which, he asserted, had passed. clerk began to read; and the House began to be noisy.]

[The

Mr. Burke again rose, and urged his former plea for being heard, in preference to the papers now reading. He said, it was impossible to contend further, the hon. gentleman was in possession; if, however, he intended by that means to tire and thin the House, he was, for his part, contented to wait till all the heavy folios now lying on the table were read through; and, to prepare himself for the task, would send for his night-cap.-[Here a cry of

go on, go on !]
ceeded, and in answer to Mr. Dundas, he
affirmed, that lord Pigot was a man of too
nice a sense of honour to accept of any
salvo it was in the power of administration
to bestow; even though they covered him
with ribbons and court favours, instead of
a single ribbon and a pension. He ob-
served, that he never heard of so extraor-
dinary a species of proof, as what the hon.
gentleman who moved for the reading of
the papers produced. He asserted a fact
of lord Pigot's ill treatment of the council,
and in order to prove it, he reads a letter
from one of the council, that is, from the
party, which is another assertion of the
same thing. There's proof for you! But
it may be complete and substantial, ac-
cording to the ideas which he recommends
to the great body he is at the head of.
However, what the gentleman thinks, or
what he so proves, is of very little conse-
quence in this business. But the learned
gentleman (Mr. Dundas) has attempted
to reply to some of the ablest orations that
ever were heard in this or any other as-
sembly. The learned gentleman's argu-
ment for recalling the whole body, be-
cause factions had broken out among
them, was, in his judgment, the most fri-
volous imaginable. If this was to be
adopted as a rule of conduct, which it
must be, as the argument clearly went to
that, all governors and their councils must
be recalled as soon as factions broke out,
which would be preposterous. If this
mode of reasoning was good, the governor
general of Bengal and his council, should
be recalled, since there were the most out-
rageous factions among them; accusing
each other of the most enormous crimes.
Why not recall them? The hon. gentle-
man knew better; for Mr. Hastings had
the nabob of Arcot for his friend; a most
powerful friend in the court and ministry
of England; so powerful, that for himself,
if he wanted any favour of great magni-
tude, he knew of no canvasser he should
so much wish for as that nabob. This
same prince of the Carnatic, who, it was
plain, would soon be our master in all
those territories, would be delighted to
hear the doctrine laid down by the learned
gentleman, that governors, &c. are to be
recalled when factions arise in their coun-
cils; for he would never find the least dif-
ficulty in bribing a majority, the moment
a governor should be hardy enough to op-
pose his will: his treasures would at once
secure factions, and factions would secure

Mr. Burke then pro- | his recall, which would be a very pretty
situation for any governor and council to
be in. The learned gentleman's other ar-
guments of not restoring lord Pigot for
fear of his revenge, was of the same com-
plexion. It was surprizing so learned a
gentleman should use no arguments but
what went too far; they proved so much,
that they tumbled all proof about his ears.
So a governor is to be illegally, cruelly,
and without any adequate reason, deposed,
imprisoned, and his life threatened, by a
bribed, corrupted council, and you are not
to restore him, lest he then uses his power
without moderation! Was there ever so
farcical a system! that the principle of
doing mischief was to be maintained, and
its consequences endured, lest by disarm-
ing the authors, and restoring authority to
its rightful possessors, you might run the
risk of having it exerted too rigidly on the
delinquents. If this was logic, there was
at once an end of law and justice.

He

Lord North treated the power of the nabob of Arcot, his intrigues in India and England, and the arts of his agents and ambassadors, as the ideal, ill-founded suggestions of ill informed or designing men. He represented the nabob as a needy, miserable, ill-treated, dependent prince, without power, protection, or internal resources; and therefore, totally unable to either influence or bribe; totally incapable of persuading, by motives of fear, or through the means of influence or corruption. defended the recall of lord Pigot, and said, his lordship had expressly broke through the late Act for regulating the affairs of the Company, which likewise annexes the punishment to the breach of it. That Act said, "That any governor, or other officer, civil or military, who shall accept of any present after such a day, shall forfeit double the value, and be incapable ever after of serving the Company." This was the letter of the Act, and his lordship had most certainly incurred the penalty and the consequence.

It was not a question concerning the malum in se; whether accepting the tea service was or was not a crime. It was a mere question respecting the malum prohibitum. Had his lordship offended, or not? Clearly, therefore, in that narrow view of the question, distinct from every collateral consideration, he did not see how it could remain a subjectof debate for an instant, whether his lordship was longer eligible to serve the Company in any civil or military capacity..

Mr. Dempster said, the noble lord's ar

gument was a mere quibble, applied to the case of lord Pigot, and the character and situation of the donor. He attributed the whole of the troubles at Madras to the intrigues and corrupt arts the nabob used to raise a faction against his lordship, both here and in India.

Mr. Macdonald allowed, that there were strong reasons to believe the council were influenced by corruption; but as there was no direct or substantial proof before the House, the House could only equitably judge according to the proofs on the table, which in his opinion fully justified the resolutions of the general court.

The Committee divided; ayes 67, noes 90. A motion was then made, That the chairman do now leave the chair, which was agreed to without a division. So that the Resolutions were lost.

Debate in the Commons on the Servants' Tax.] May 26. In a Committee of the whole House on the Servants' Tax Bill,

6

to Great Britain, do beseech him to use that influence he so deservedly possesses with his gracious sovereign, to induce him to offer such terms to the deluded Americans, as may regain not only their obedience, but affections; to intreat him to employ his faithful servants, sir William and lord Howe, as ambassadors rather than warriors, as ministers of peace, not as ministers of vengeance. Let the noble lord indulge his own humane disposition, as I trust he will, in following this advice, he will not only meet with the zealous support of an unimportant individual like myself; he will, I am confident, meet with that of a large majority of this House; and what is still more, he will be gratified with the most pleasing of all rewards to a liberal mind, the heart-issuing applause of an approving and grateful nation. 1 profess I am not so sanguine as to expect a revenue from a ravaged and impoverished country; I am not so obstinate as to persist in playing a game, at which I am convinced I must be a loser; I am not so fine a gentleman, as to despise the vulgar adage, which tells us, "It is folly to throw good money after bad;" I am not, therefore, for squandering any more solid British guineas, with the doubtful and distant hope of hereafter obtaining some flimsy American paper; I am not for lavishing more millions in search of a peppercorn, which perchance we never may be able to wring from them. It is, indeed, Sir, a melancholy consideration to those gentlemen who many years ago voted for laying a duty on stamps in America, that in pursuit of that object, unhappily entered into, and fatally persevered in, we are now on the eve of deliberating on a Bill for laying an additional duty on stamps in Great Britain.

Sir Charles Bunbury moved to add, after the word servants,' the words, " of 16 years of age and upwards." In opening his motion, he said, it was impossible to consider of the taxes without turning his mind to the occasion of them. That the American war, though begun upon the justest principles, was no longer justifiable in prudence or in policy; that he thought it necessary before the close of the session to declare his opinion upon this important subject, lest administration should be misled, and imagine that all those who, like himself, had supported government in this unhappy contest, were of the declared and uncontradicted opinion of that hon. member, a brother country gentleman (Mr. Vyner) who, on the day the army was voted, had conjured the noble lord (North) to remember that taxation was the object of the war; that in hopes of forcing the Americans to contribute to the public burthen, he then voted for the large number of troops proposed, and would give 13s. in the pound, rather than consent to any peace, if that object was not obtained. I, Sir, (said sir Charles) who am, I flatter myself, as zealous a friend to government and my country as the hon. gentleman, who have as high an opinion of the abilities and good intentions of the noble lord at the head of administration, do implore him, not to re-vocate, and trust, if he be not entitled to member, but forget the object of the war; and being convinced, that a continuation of this disastrous contest must be ruinous

It is a mortifying reflection to other gentlemen, who have been led to support this ruinous war, from an idea that the honour and dignity of the country required it; that in attempting to maintain national dignity, they are driven to the necessity of lowering the dignity of the individual man, and that by the proposition of the noble lord now before us, that proud animal is made a taxable commodity, and reduced to the humiliating level of salt, soap, and candles. For man, in this oppressed state, I stand up a feeble but zealous ad

favour, he will at least have the same measure of justice as his fellow-sufferers, salt and candles; and that an ounce of him

will not be rated as high as a pound; in other words, that a boy will not pay the

same tax as a man.

I cannot help considering this indiscriminate taxation of men and boys, as owing to an inattention in the framers of the Bill, as it is directly contrary to the principle of almost every other tax Bill, in which duties are levied in proportion to the value of the commodity, a principle founded in reason and equity, and sanctified by usage. I beg the House to consider the distinctions made the other day by the noble lord when he stated the new duties upon the different kinds of glass-the green, tlre crown, and the plate glass; the duties were proportioned to the value and the size the mode was universally approved, but I apprehend it would have caused general astonishment if the noble lord had proposed to lay an equal tax on the magnificent plate glass which adorns the stately drawing-room of the fashionable dame, and the little square bit which in the servants' hall enables her footman to tie his bag on. And yet this proposition would not have been more inequitable than that now under consideration, whereby you are required to pay the same tax for a little urchin, and his lofty, able, and far more useful parent. The boy is certainly an inferior and less valuable servant, he ought then to be taxed in proportion to his worth; that persons, who, from their circumstances, or choice, are inclined to take up with an inferior servant, may not be equally assessed with those whose ample fortunes enable them to retain the most accomplished.

As taxes on inanimate things seem not to suffice, and as this devouring war has already produced this tax upon mankind, if it should continue, which God avert! it is probable you will have other duties proposed on animated beings. If this should be the case, and a statesman was to offer to lay an equal tax on animals in an infant and in an adult state, would you not be shocked with the glaring injustice of such a proposition? Would it not strike you as inequitable and absurd, to levy the same duty on a lamb and a sheep, a pig and a hog, a chicken and a fowl, a gosling and a goose? And surely it is equally unjust to make no distinction betwixt a boy and a man!

The noble lord when he opened this proposition, remarked, that the expenditure of every gentleman was a fair presumptive proof of his income. In this, as [VOL. XIX.]

a general maxim, I will agree. He added, that the number of servants was a test of his expenditure, and that, consequently, every person paying so much per head for his male servants, would be taxed in proportion to his income. In this additional argument there is much fallacy. The number of servants can never prove the expenditure; it is the quantum of wages allowed to such servants. If ten boys can be kept for the same sum as five men, which (wages, board, and clothing considered, I maintain they may) the gentleman who keeps these ten boys is not richer (to judge by the test proposed by the noble lord, that is, his expenditure) than his neighbour who keeps five men, and ought not consequently to pay a greater tax. It necessarily results, that the number of servants is no test of the expenditure; and I trust the distinction I have contended for, appears reasonable, and that if the exigencies of the state require us to lay a tax of one guinea per annum upon men servants, we ought in proportion to lay a tax of half a guinea per annum on every male servant under the age of 21. But as this regulation may occasion more difficulty in the collection, and as the laying any tax upon youths under 16, who are of little service in families, may prevent their being taken into gentlemen's houses, as they now very frequently are, in compassion to the indigent parents of such poor boys, I propose that all male servants under 16, should be exempted from paying any tax; and in compassion to the state (which is indeed an object of pity whilst this wasteful war continues) that those of 16, and upwards, should pay the full tax of one guinea per head, as if they were arrived at the age of 21.

Mr. Vyner said, that though he should be convinced by the hon. baronet very readily, if he gave his opinion about a horse, provided he was sincere; yet he was not persuaded by what he had said, to give up the American war, though he wished to see an end of it; neither did he insist upon taxation as the mode of revenue; but if it could be got in the way of trade,' or in any other mode, it would satisfy him: but for the present, till something could be obtained, the war must be supported; and therefore he was against the motion, thinking the tax a very proper one, and the more so, as he believed it would be a very productive one.

Mr. T. Townshend was glad to find country gentlemen coming to their senses [U]

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