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they fhould take out a licence, for which they should pay 11. 10s. per ann. for every gallon which each till contained, which would amount to rod. per gallon on the quantity that it was fuppored they would be able to diftill annually. But by the Scotch working their ftills fometimes four, and fometimes fix times in the twenty-four hours, the duty did not in fact amount to above one penny per gallon; fo that the Scotch were thus enabled to underfell the English in the London market: they had actually imported into England the whole of the quantity that it was fuppofed they would have diftilled in the year, and ninety thoufand gallons over; fo that they had the whole of their home confumption duty free.

Several witnelles were then examined on both fides, and at eleven Mr. Pitt moved, That the chirman fhould report progrefs, and ask leave to fit again. The motion paffed, and the Houfe being refumed, adjourned.

FEB. 6.

The Houfe refolved itfelf into a committee on the Scotch Distillery, Mr. Rofe in the chair.

Mr. Pitt then obferved, that from all that had been stated in evidence last night, it was clear the Scotch Distillers enjoyed in the London market advantages over the London Diftillers, which it was not the intention of the Legiflature to allow them, when the act paffed for altering the mode of collecting the duties on diftilled fpirits in Scotland. The Legislature, indeed, intended that the Scotch Dattallers fhould derive under that act an advantage in the Scotch market, but it never could have meant that they should have been able to fell their fpirits in London on better terms than the London Diftillers. It was his with to me liate between the Distillers of England and Scotland, and to equalize the duty as fairly as poflible: he knew that this was a delicate tafk, and that by attempting to please both, he might be unfortunate enough not to please either. However, his duty to the public would compel him to undert ke the talk. The duty paid by the London Di. Ailler was 25. 94. per gallon; in Scotland it was nominally rod, but in reality not more than from 24d. to 3d. to which the import duty of 2s. being added, the whole would make 25. 3d. or thereabouts: he propofed, then, by way of equalizing the duties in both kingdoms, that an additional duty of 6d, per gallon fhould be laid upon fpirits diftilled in Scotland, and imported into England. This, he thought, would bring the fpirits of both Countries to market on fair and equal terms. He concluded with moving,. That it was the opinion of the committee that an additional

import duty of 6d. per gallon be laid upon Scotch Spirits.

Sir William Conynghame was against the

motion.

Mr. Pulteney, Sir Adam Ferguson, and the Marquis of Graham agreed that, though Scotchmen, they thought Mr. Pitt's equalizing duty fair and equitable in its principle; and they believed juft in its calculation.

The Minifter's refolution was then put, and carried without a divifion.-Adjourned FEB. 7.

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This being the last day appointed by the Houfe for receiving petitions upon private bils, feveral were prelented; as alfo two on the fubject of the Slave Trade, one from the inhabitants of Ripon, in Yorkthire; the other from Maidstone, in Kent.

Upon the order of the day being read for calling Sir Elijah Impey to the bar, in order to his being further heard in his defence,

Mr. Francis rofe, and requested the attention of the House while he adverted to fomewhat that had fallen from that gentleman on Monday laft. He felt himself bound in a moft particular manner to take notice of that part of the gentleman's defence, in which he alluded to the affent of the Supreme Council to the execution of Nunducemar, and moved the Honfe, that Sir Elijah Impey be required to deliver in to that Houfe the paper which he read in the courfe of his defence, purporting to be the tran2ation of the dying portion of Nunducomar, as delivered by Gen. Clavering to the Supreme Council in Augult 1775.

The Solicitor General contended, that is was contrary to every principle of justice, and the practice of every court of law, to require any individual to deliver out of his poffction any papers which he might conceive of ufe towards his defence, or which ne feared tended to criminate him. He therefore hoped the gentlema, upon reconfideration, would wave his intended motion, and rather be contented with Sir Elijah's being requested to give in the paper in question, or a copy of it.

Mr. Francis contended for the propriety of having poffeflion of the original paper. He now ftood in the character of a defendan', and therefore had a right to the inspection of any paper which had been adduced as a proof of the charges brought against him. As to the copy, that could be of no fervice: it was the original paper he aimed at, and which indeed he had not supposed to have existed, till, to his great furprize, he heard it read on Monday laft. This particular paper he much wished to be forthcoming, as he had good rea-fon to believe it would be found not fimply a tranf

a tranflation of the original, but curiously
interlined in Mr. Haftings's own hand-wri-
ting. He muft, therefore, perfilt in de-
manding its production, as upon it he meant to
ground charges of a moft ferious nature.

Mr. Pitt, after what he had just now
heard, could not remain filent. He trusted,
that upon this bufinefs there would be but
one fentiment in the House.
out of any man's poffeffion, papers, which,
The forcing
however he might be inclined to use them
as a means of defence, were avowedly
wrenched from him for the purpose of cri
minating him, was an act of fuch glaring
injuftice and flagrant defpotifm, that he knew
but one step more they had to take to fill up
the measure of cruelty-that of putting him
to the torture, in order to extort confeffion.
Feeling, therefore, for the honour and cha-
racter of that Houfe, he begged leave to
temper the motion fomewhat, by moving that
the words "be required to deliver," &c.
fhould be changed to "be asked if he has
no objection to deliver, &c,

A long and defultory debate here took place; in the end the Houfe divided upon the motion, and Mr. Pitt's amendment was carried by a majority of 63; for the amendment 107, against it 44.

Immediately after the divifion, Sir Elijah Impey was called to the bar, and was afked by the Speaker if he had any objection to the production of a copy of the paper that had been the subject of the motion: his reply was, that he had not the leaft objection, and that he would take care that the Houfe fhould be furnished with a copy of it.-He then informed the Houfe, that under the very peculiar circumftances of his cafe, he found himself reduced to the neceffity of calling for the protection of the Howfe. It was not enough, he obferved, that he should ftand accufed before that great affembly of enormous crimes, but he must also be attacked and traduced in the public prints, even at the moment when he was defending himfelf against thofe heavy charges.

Mr. W. Grenville moved, that Sir Elijah might withdraw from the bar; and that gentleman having accordingly retired, Mr. Grenville faid, that the publications relative to the proceedings of that Houfe, had of late been highly derogatory to its dignity: it was an unpleafant thing to complain of the prefs; and he would have been glad that there had not been any occafion for the complaint that had been justly made: but as it had been made, the Houfe could not, in justice pafs it over unnoticed; fome proceeding ought to be grounded on it; and for that purpole he moved, that the House

would on the morrow take the faid complaint into confideration.-The motion was carried nem. con.

Sir Elijah was then called to the bar, and proceeded in his defence. At ten o'clock he Patna caufe, and there he stopped. On the got to the end of the charge relative to the motion of Mr. Pitt, he was asked when he maining charges?-His antwer was nearly would wish to be heard in reply to the reas follows:

"From the moment that I understood F
under the charge, but to meet it with for
was to be accufed, I refolved not to fink
affumed its prefent form, and the first
titude. However, fince the accufation has
charge is of fo heinous a nature, the horror
I feel at being thought capable of fo black a
crime, added to the bodily exertions I have
ing my defence, has been too powerful for
been obliged to make in preparing and stat-
my strength, which begins to fail me. For
fome days paft I have been ill, and am fo
now while I am addrefling this Hon. House.
The charge relating to Nunducomar preffes
moft upon my mind; until I know the opi-
nion of this Houfe upon it, I cannot think
of defending myself against the other charges.
Tell me, before I proceed to them, whether
or not, after the defence I have already made,
this Houfe thinks me the murderer of Nun-
tive, you will relieve me from fuch a weight
ducomar. Should you answer me in the nega
of horror, that I fhall give you little trouble
about the other charges. I care not if they
Lords, provided I ftand acquitted in the
are carried up against me to the House of
judgment of this Houfe of fo foul a stain
ing murdered a man under the forms of law."
upon my honour, as the imputation of hav-
He then withdrew from the bar, and

in gratifying the wifh expreffed by Sir Elijah;
Mr. Pitt faid, that he faw no inconvenience
be informed that the Houfe would take the
he therefore moved, that Sir Elijah fhould
first charge into confideration, before they
After fome converfation the motion was
fhould call upon him for any further defence.
agreed to, and Sir Elijah appearing again at
the bar, was made acquainted with the de-
retired.
termination of the Houfe, and then finally

It was then refolved, that the House should
on Monday next hear evidence in fupport of
the profecution.

At eleven the House adjourned.
FEL. 8.

Mr. M. A. Taylor prefented a peti-
leave to bring in a bill to enable his Majesty
tion from Mr. J. Palmer, praying for
to licenfe the Royalty Theatre. He then

moved

moved that the petition might be brought that he would be graciously pleased to order up.

Mr. Anftruther opposed the motion. He faid that Mr. Palmer, after having for 12 months trampled on the law of his country, applied with a very bad grace to Parliament for an Act to Licenfe his Theatre.

The question was then put on the motion, which was negatived without a divifion, and the petition was confequently rejected.

he

Mr. Sheridan informed the Houfe that he had in his hand a petition from as meritorious a body of men as any in the nation ; meant the gentl. men who ferved in the navy with the rank of lieutenants. Thete gentlemen complained very juitly of the fmall. nets of their pay, and withed to fubmit their cafe to the confideration of the Houte.

This petition came within the defcription of thote which prayed for a grant of money from the public, and therefore could not be received, according to the orders of the Houfe, without the previous content of his Majetty, expretted by the Chancellor of the Exchequer, which content Mr. Pitt faid, he was not prepared to exprefs; and therefore the petition fell to the ground, for the Houle, under this circumitance, could not receive it.

A petition was prefented by the Rt. Hon. Mr. Frederick Montagu from the mother of the Penn family. He pointed out the Royalties which her family had enjoyed, and the lolfes it had fuftained by the revolution in America; the claims the and her children had upon the public, and the obligations the public were under to her family.

Mr. Pitt contented on the part of the King that this petition should be received; it was accordingly brought up and read; and then it was ordered, on the motion of Mr. Montagu, that it fhould lie on the table.

Sir E. Impey was called to the bar, and required to produce the publications which he had made the fubjects of complaint yesterday. He produced the Morning Herald of Wednetday, and the Gazetteer of Thursday. He oblerved at the fame time, that Mr. Debrett, who was the publisher of a pamphlet of which he had complained, had waited upon hum, apologized or the publication, and promiled to stop the fale of it. Sir Elijah then withdrew.

Mr. Grenville moved, that the paragraphs complained of in the papers prefented by Sir Elijah Impey were injurious to the dignity of the House, and tended to prejudice the defence of a perfon accufed before the Houfe of High Crimes and Mildemeanors,

After long debate the motion was carried without a divifion.

the Attorney and Solicitor-General to profecute the Printers of thofe Libels.

Mr. Courteney obferved, that Sir Elijah's having fuppreffed the libel of Debrett, he having apologized to him, fuggefted the following addition by way of amendment to the laft motion, "unless the faid printers fhall make an apology to Sir Elijah Empey." This amendment was negatived without a divifion. The House then divided upon the motion for the profecution, which was carried by a majority of 72. Ayes 109, Noes 37.

Sir Elijah Impey appeared again at the bar after the divifion, and prefented a fair copy of the tranflation of Nunducomar's peti tion, with a fac fimile of the alterations and corrections in it. At the fame time he faid that any Member should be at liberty to examine the original, which is kept in his poffeilion.

Adjourned at half past eight,

FEB. II.

The Houfe went into a Committee, Mr. Steele in the Chair, upon the Bill for impofing an additional duty, of 6d. per gallon ou Scotch Spirits imported into Eng and, the blanks of which were filled up without any debate. The moft material of these respected the time when the bill fhould take place, which was fettled for the day on which it should receive the royal affent.

The House then refolved into a Committee, to take into confideration the commercial intercourfe with America,

Mr. W. Grenville obferved, that hitherto this intercourfe had been carried on under the authority of annual Acts of Parliament; but he now intended to propofe that that part, which from four years experience was found to be eligible, fhould be made permanent by a new act of the legislature. Every one withed that the fupply of lumber, grain, provifions, and fish, for the ufe of our WeftIndia iflands, might be conveyed in British bottoms, for the benefit and increase of our navigation; but many doubted whether a fufficient fupply of thefe articles could be procured if American fhips were excluded our iflands. This, however, had been done with fuccefs, as for the four last years no other veffels but British had been employed in fupplying the iflands, and never had there been a more plentiful fupply. From this policy of employing British bottoms only, the planters had reaped great advantages, and the navigation of the empire been increased, as we now employed every year near 40,000

He next moved an addrefs to the King, tons of fhipping, and near 5000 feamen in

that

that trade alone, and the freight of the flipping amounted to 250,0001.

He then moved for leave to bring in a bill for fettling the intercourse between the different places mentioned,

A report was made from the Committee on the state of American Commerce, and bills ordered to be brought in for fettling the intercourfe between the places mentioned. The report of the Committee on the distil

After fome little converfation the motion lery was alfo made, and the fift blank filled was carried uranimously.

The Houte being refumed, refolved itself again into a Committee on the charges brought against Sir Elijah Impey.

Sir Gilbert Elhott faid, he wished that Mr. Farrer, a Member of that Houfe, might be afked if he had any objection to be examined on the charges.

Mr. Farrer replied, that though he believed he could give more information on the fubject than any man alive, yet he had objections of a private nature to being examined. When he was in Bengal he had been appointed, by the fpecial favour of Sir Elijah Impey, fenior advocate of the Supreme Court; from this circunftance fome might imagine, that if the evidence he gave should be favourable, he was influenced by gratitude to that gentleman. On the other hand it was well known, that foon after the above appointment he had differed much with Sir Elijah, and had been ever after upon bad terms with him. Hence if his evidence fhould be unfavourable, fome might take occafion to fay that he was actuated by refentment. However, difagreeable as it might be to him to give evidence under thefe circumftances, he would not decline it if it was the general fenfe of the Committee.

A converfation now arofe, at the end of which the Hon. Mr. St. John (Chairman of the Committee) informed Mr. Farrer, that it was the unanimous with of the Committee that he would fuffer himself to be examined; on which Mr. Farrer acquiefced. He then proceded to give his evidence, in the courfe of which he was going to read a paper, written by a Mr. Gerard, attorney to Nunducomar, purporting to be an account of the conduct of the Judges on an application from Nunducomar to be admitted to bail, which they ultimately refufed.

Mr. Scott objected to the admiffibility of this paper as evidence, becaufe it was in the hand-writing of a third perfon, and not of the gentleman then under examination.

After a tedious debate on this point, Mr. Farrer was directed to read the paper in queftion. He accordingly went on with his evidence till eleven o'clock, when the Committee adjourned the further hearing till the next day.

FEB. 12.

A petition from the Proteftant diffenting minifters, praying the abolition of the African Alive trade, wa, prefented, read, and urdered to lie on the table.

up, viz. that the bill thould have operation from the day of its receiving the royal affent.

The order of the day being read for farther hearing Mr. Farrer before a Committee of the whole Houfe, the Speaker left the chair, and Mr. St. John took his feat at the table.

Mr. Farrer then food up in his place, and after correcting a few paffages in that part of the account of the circumstances attending the cafe of Nunducomar, which he had delivered on Monday, and which had been taken in writing; he afterwards proceeded to purfue his narrative; and having come to that part of the trial of Nunducomar, where an interpreter was to be appointed by the Court to take down the trial, ftated that reafons had been given by the Court, why a particular person should not be appointed to that office, which reasons he did not believe to be founded in fact.

At ten, having come to the Defence of Nunducomar, Mr. Pit propofed that the evidence thould there clofe for this night, which was agreed to.

FEB. 13.

The Committee of Managers of the Im peachment went out of the House to Westminfter-hall, and were followed by the other. Members of the Houfe as they were called over by the counties for which they ferved, and at eleven the Houfe of Commons, as a Committee of the whole Houte, were attending in Westminster-hall.

At half past five the proceedings on the trial of Warren Haftings, Efq. being concluded for this day in Wettmunster-hall, the Members returned to their Houfe, and the Speaker having taken the chair,

Mr. Steele moved, that the bill for adding a further equalizing duty on Scotch fpirits fhould be read a third time.

The bill was then read and agreed to; upon which the Marquis of Graham rofe to propofe a claufe to be added to the bill by way of rider, for all Scotch fpirits actually fhipped for England on or before the 1ft day of February, to be admitted into the Eng-lith ports on the old duty.

No objection being made to the claufe, it was brought up, read a first, fecond, and third time, and added to the bill, as rider. FEB. 14.

Petitions from Leicester, Falmouth, Stafford, Northampton, Cambridge, and Scarborough, relative to the flave trade,

were

were prefented, read, and ordered to lie on the table.

Mr. Fox, after a long preface, faid he held in his hand a pamphlet, which contained a grofs and fcandalous libel on the Committee appointed by the House to manage the profecution of Mr. Haftings, as well as a libel upon the House itself, upon his Majesty, and the whole legiflature. He faid he should content himself with making the general preliminary motion, that the pamphlet "complained of contained a libel, highly

reflecting on his Majefty, and upon "the proceedings of this Houfe, and was 86 an indecent interference with respect to "the profecutions now depending on the "impeachment of Warren Haftings, Efq. late Governor-General of Bengal."

Mr. Pitt then rofe, and faid, from the little he had heard read of the pamphlet, it appeared to him to be not only a libel, but a libel of a very heinous, though he conceived not of a very dangerous nature; but as it would not be right for the House upon fo flight a fuggeftion as a Member reading extracts, to ground a motion, however otherwife proper, he wifhed the Right Hon. Gentleman would fuffer the pamphlet to remain on the table for a day, (in order that gentlemen who wished to know the contents before they voted, might read it) and forbear to make any other motion, "than "that the pamphlet complained of as a libel "be taken into confideration on any fu"ture day," which was agreed to.

Mr. Farrer then proceeded in his narrative on his first charge against Sir Elijah Impey, which he concluded about half past nine. After which progrefs was reported, and the House ordered to go into a Committee on the fame fubject on Monday next.

FER. 15.

The trial of Mr. Haftings being adjourned about half past two, the Commons immediately went to their Houfe; and the Speaker having taken the chair,

Mr. Fox rofe and faid, that as the House had yesterday agreed to take into confideration this day the fubject of the libel on which a converfation was then had, he should defire, that part of the pamphlet in queftion should be read, and then he would make his motion.

The part to which Mr. Fox alluded was read.

Mr. Fox then moved, "that the pamphlet contained a libel highly reflecting upon his Majesty, and upon the proceedings of this Houfe, and is an indecent interference with respect to the prosecution now depending on VOL, XIII,

the impeachment of Warren Haftings, Efq."

The Chancellor of the Exchequer faid, he found himfelf prepared to agree in part, but not wholly to the motion of the Right Hon. Gentleman: that the pamphlet in queftion contained a libel against that House, was clear and obvious; but that it contained a libel against his Majefty, did not, in his opinion, appear in the fame light. The grammatical and natural construction of all the fentences, would not warrant that House in pronouncing any part of the pamphlet in queftion libellous on his Majesty; it afferted that the fmiles of the Sovereign could not "fcreen or protect Mr. Haftings from impeachment;" what was the natural inference on this allufion? That Mr. Hastings had, before his impeachment, been the object of Royal notice: this might have been either true or falfe without being libellous; it was not even hinted or infinuated that any influence on the part of the Crown had been exerted to protect Mr. Haftings from impeachment. Mr. Pitt obferved, that he could not find in the pamphlet a fingle fentence which could in the most distant degree be conftrued into an offence to the dignity of the Sovereign, and he fhould therefore move, that the words "his Majesty" be ftruck out of the motion.

Mr. Fox replied, and with great force contended, that the words" fmiles of the Sovereign," certainly imported by their natural construction, an undue influence exerted on the part of the Crown.-He did not fay the fact was fo, but the House was not now enquiring into fact, but the tendency of the libel.

Mr. Dundas fupported Mr. Pitt, and confequently approved of the amendment.

Mr. Sheridan, Mr. Courtenay; and Mr. Adam, ftrenuously fupported the motion in its original state-after which the House divided, For Mr. Pitt's amendment, 132against it, 66-majority, 66.

"

Feb. 20.

Petitions from Hertford, Chesterfield, Warrington, Lincoln, Bristol, and Chamber of Commerce at Edinburgh, relative to the Slave Trade, were presented, read, and ordered to lie on the table.

Mr. Vanfittart moved for leave to bring in a bill to explain and amend the Acts of Charles I. and Charles II, prohibiting waggons and carts from travelling on Sundays, with a view to extend the prohibition to ftage-coaches and diligences, fo as to prevent them from travelling from ten o'clock in the morning to five in the afternoon.

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