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former of these two points he entered at large, and explained the nature of fovereign jurifdiction acquired by conqueft, which he contended was generally circumfcribed by the nature of the British constitution, rather than by that of any other country; but it was ftill more circumfcribed by the nature of the tenure by which we hold our poffeffions in India, but more particularly Calcutta, which, by a regular chain of hiftorical facts, he proved to be derived folely from gift or purchase.

Sir Gilbert was many hours on his legs, and at half past ten o'clock he expreffed a wifh, that as he was then much exhausted, the further confideration of the charge might be adjourned to Wednesday fe'nnight. The Committee concurred in the with, and the Houfe being resumed, adjourned immediately.

APRIL 29.

Mr. Baftard rofe, to make another attempt in favour of the fuperfeded naval officers. No fufficient answer had been given on any former occafion to the arguments and ftatements adopted by those who had done him the honour of fupporting his fide of the queftion. No reafons had been affigned for the fuperfedure of fo many brave and meritorious officers, who were equally fit for fervice with the Captains that had been promoted to the flag. The arts and caprice of the Admiralty Board had been exhibited in a glaring manner. One and the fame year had been alledged to be a year of war, for the fake of promoting fome Captains, and a year of peace, for the purpofe of paffing by others. Some had been fet afide as having civil offices, while others, who were in poffeflion of civil employments, were raised to the flag. One Captain had been paffed by, merely becaufe he had been engaged in the imprefs fervice. These, and other inftances of the arbitrary conduct of the First Lord of the Admiralty, were fufficient grounds for the motion he would now make, which was, "That it is the opinion of this Houfe, that the Board of Admiralty in the late naval promotions, have paffed by many officers of great merit and approved fervices, who were not excluded from the flag by the orders of Council."

Sir William Molesworth rose to second the motion. He agreed with his Hon. Friend in his opinion of the capricious and unjust conduct of the Commiffioners of the Admiralty, in paffing by officers of acknowledged merit and refpectability. He particularly inftanced the cafe of Capt. Balfour, who had performed one of the most brilliant fervices that could be named-he alluded to the cutting fome French fhips out of the harbour of Louisburgh. Was it not natural to fuppofe,

that fuch a man was as capable of fhining in the higher ranks of the service as any of those who had been promoted on the late occafion? If the Admiralty should be fuffered to perfift in fuch an arbitrary selection of officers for a flag, the naval fervice would be effentially injured; for it would appear, that merit was not confidered as the road to preferment, but that interest had the principal weight in the scale.

Sir John Miller paid fome compliments to the noble Lord at the head of the Admiralty, who, he faid, was, in his opinion, one of the bravest and most honeft men in the fervice. But he could not help thinking, that his Lordhip had fhewn a great want of judgment in the late promotions. He did not know any one feaman, except a few members of the Houfe, who did not condemn the Admiralty for the felection they had made. He took a review of the arguments ufed by the Minifter in the laft debate on this fubject, and endeavoured to refute them. With regard to the interference of the legislative with the executive power, he thought the former ought to interpofe not only where they could make out fome ground of cenfure, but where they had reason to apprehend future mischief, He concluded with expreffing his affent to the motion.

Mr. Grenville (poke in oppofition to the motion. He thought it highly improper that this House should convey a ceníure by implication, on any branch of the executive power, without having ample grounds made out to justify that cenfure. A motion of this kind ought to follow, not precede, an enquiry into the conduct of the parties complained of. He faid it appeared to him to be derogatory to the dignity of the House, to give fanction to fuch a practice. He expressed his high opinion of the merit and integrity of the First Lord of the Admiralty, who, he was convinced, had justifiable reasons for his conduct in the selection which he had lately made. He concluded with moving the previous question.

Lord Apfley vindicated the Board of Admiralty for the selection they had made. In every promotion to the flag, he faid, fome Captains had been paffed by; for it could not be fuppofed that the fenior Captains were always the most capable of ferving, or most calculated for the command of a fquadron.

Mr. Edwards warmly fupported the mo tion of the Hon. Gentleman.

Mr. Martin gave his cordial affent to the motion.

Admiral Alexander Hood profeffed his diflike to the motion. He applauded the Hon. Gentleman who had brought it forward, for his good intentions, and zealous endea

yours

vours to ferve the gentlemen of the navy. But he begged leave to obferve, that, in his opinion, the mode he had adopted, of calling forth the interference of the Houfe, would ra her injure than benefit the caufe he was engaged in. This Houfe was not a proper place for difcuffing the comparative profeflional merits of officers, or whether one was better qualified for a higher command than another. The executive Minifters were the perfons who were to judge of thofe merits; and they were refponfible for any improper felection.-But it did not appear to him, that this difcretionary power had been capriciously or wantonly exercifed in the late promotions of flag-officers. felecting those who were deemed the most The right of worthy of promotion, without a blind regard to feniority, had been found highly beneficial to the fervice,

Mr. Loveden concurred in the motion.

Capt. Webb was not willing to give credit to the judgment or difinterefted views of the Admiralty Board. He thought they had acted partially, and was therefore ready to give his affent to the motion.

Sir Peter Parker did not altogether approve the paling by fo many officers of undoubted

merit.

Mr. Courtenay, in a humourous freech, furported the motion. He afiigned feveral Judicrous reafons as pretences for juftifying the First Lord of the Admiralty. In not regarding the thanks of this Houfe to officers who had deferved well of their country, the noble Lord meant, he faid, to convey a cenfure on the interference of the Houfe in that respect, by infinuating that they were not proper judges of merit, and that it was out of their line to point out merit in the naval or military ferv ce. In patting by a Captain becante he had been employed in the imprefs fervice, which was univerfa'ly allowed to be illegal and unconftitutional, he fufficiently fhewed his regard for the conflitution, and his unwillingness to encourage any thing thatwas derogatory to is genuine maxims. fuperfeding many Captains who had performed the most meritorious fervices to their country, he adopted the opinion of the philofophers of antiquity, that virtue is its own I ward, He thought thofe officers would be content with the confcioufnefs of having done their duty, and fought no other reward.

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Sir James Jobattone, Mr. Henniker, Capt. Mechride, Sir Edmund Affleck, and Mr. Drake, jun, spoke in fupport of the Intion.

jected. Adjourned.
Mr. Baftard's motion was therefore re-

APRIL 30.

Several estimates from the Exchequer were prefented, and ordered to lie on the table; among which was the estimate of the Haftings, Efq. and which amounted to expences attending the trial of Warren 80581. 155. 140.

The Houfe, according to order, refumed the proceedings on the wool bill, which had fallen to the ground by the failure of a fufficient number of Members to conftitute a House on Thursday laft, and Mr. Partridge again refumed his pleadings in favour of the bill; after which Mr. Anstey, called to the bar, and examined. Chairman of the Wool Committee, was journed to

MAY I.

Ad

commitment of the wool bill, and the Spea
The order of the day being read for the
ker having put the question for that purpose,
objections to the bill.
Sir John Thorold rofe, and detailed his
It was, he said, un-
laws now exifting against the exportation of
necffary, vexatious, and oppreffive. The
wool, had not been proved to be ineffica-
been previously thewn by thofe who had
cious or nugatory; and this ought to have
introduced the bill now pending. It did
not appear to him to be fufficiently clear,
great as the framers of the bill fuppofed it
that the quantity of wool exported was fo
to be ; and amidit fo large an amount of
tity exported was, even from the highest
wool as this kingdom produced, the quan-
ftatement, proportionably inconfiderable.
The bill was rigorous in its provifions for the
difcovery and punishment of those who
modity; and it would give great encourage-
might be charged with exporting this com-
probandi on the accufed perfons, who were
ment to informers, by throwing the onus
alfo by this bill, to be feized without any
warrant or authority from a magiftrate. He
concluded his objections with moving, as
an amendment, that the further confidera-
tion of this bill be deferred for three months.

The Hon. Mr. Hobart profeffed himfelf
a fried to the bill, which he thought, was
juftified by the magnitude of the evil com,
plained of.

It appeared to him to be a mass of unconstitu-
Mr. Harrifon ftrongly oppofed the bill.
tional affertions, and pregnant with absurdity.
Sir Jofeph Mawbey approved the prin-
ciple of the bill, though he objected to fome
He hoped the House would
not oppofe the commitment of it.
Sir Rob, Clayton was unfriendly to the bill.
Mr. Rolle fpoke in favour of the bill,
and denied that it would injure the landed
intereft,

The Foufe now proceeded to a divifion, of the claufes. when the numbers were

For the previous queftion
Against it

220

169

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The Chancellor of the Exchequer spoke in favour of the bill. He conceived, that the interefts of the land-holder and manufacturer were the fame.

The question being put on Sir J. Thorold's amendment, the Houfe divided, when there appeared, Ayes 47.-Noes 112.Majority 65.

The original queftion for the commitment of the bill was then put, and carried without a divifion.

Between ten and eleven, the House adjourned.

MAY 2.

The Houfe voted the fum of one thou fand pounds, as a compenfation to the Commiffioners for managing the claims of the American Loyalifts.

MAY 5.

The Houfe refolved itfelf into a Committee of Ways and Means, Mr. Gilbert in the chair.

The Chancellor of the Exchequer congratulated the Committee on the flourishing ftate of the finances and refources of the country, which had enabled Government to defray the ordinary and extraordinary demands of the State without a loan, without new taxes, and without diverting from its original purpofe any part of the million appropriated to the gradual difcharge of the national debt. Since the time when the re. port was made by the Committee of Accounts of the probable expences of the country in future, very confiderable additions had been made to them, fome of which muft in their nature be permanent, others would país away and recur no more. The Committee however would view the former without regret, as those permanent additional expences would place our diftant poffeffions in a ftate of defence far more refpectable then they had ever been in before. The naval and military establishments cost the country above 400,000l. a year more than the Committee of Accounts had imagined; and yet this additional expence, together with 311,000l. expended in preparations for war during the last summer, and 180,cool. voted for the pay of his R. H. the Prince of Wales's debts, had been defrayed without any loan or new tax, out of the fuperabundant produce of the revenue. What then might not be expected from that revenue when we thould be able to find the true level of our peace establishment, when our expenciture should be brought within the Jine chalked out for it by the Committee of Accounts, and when the revenue should be unencumbered with thofe temporary demands which had preffed upon the prefent year, but would recur no more-fuch as the expence of the late preparations for war, and the difcharge of bis R. FI. the Prince's debts.

The flourishing condition of the revenue was not to be afcribed to any temporary chufe, but to an increafing commerce and navigation. Our Newfoundland fishery had produced last year 200,000 quintals of fish, more than had ever been before produced in any one year. The Greenland fishery had thriven beyond the moft fanguine expectation. The year before the laft, the vessels employed in it amounted in number to 140, and the men and boys on board of them an ounted to 6400; at that time the bounty paid by the public was 4cs. a ton for every veffel engaged in that fishery; but as it was thought to be fufficiently established, Parliament had judged it expedient to reduce the bounty to 30, per ton; and yet under the reduced bounty the fhips in the Greenland fishery had increased last year from 140 to 253; and we had employed in that excellent nurfery for hardy feamen, 10,000 men and boys. Our imports and exports had alfo increased moft furprisingly; and far exceeded what they ever were in the most profperous years preceding the lofs of America. This flourishing state of the revenue had enabled the government to meet all the extraordinary expences, and to extinguish in less than two years two millions and a half of the national debt, without the aid of a loan, or a fingle new tax. Next year it might be expected that the revenue would be ftill more productive, for we should have a debt of 500,000l. to receive from the Eaft-India Company; the produce of the duty on tobacco would be greatly improved by regulations which he should be able to fubmit to parlament next feffion; and in order to equalife the diftilleries of England and Scotland, he would also propofe in the next feflion an additional duty to be paid by the Scotch diftillers for their licences to diftil.

Since the war, we had actually provided for the payment of 33 millions fterling. We had added to our expenditure three millions a year; towards defraying which we had impofed taxes to the amount of 1,500,ocol, and the remainder had been produced merely by regulations in our revenue, and without taxes: We had met extraordinary expences, and with the million furplus, had already funk 2,500,000l. of the publick debt. All this had been done without ftarving any of the branches of the publick fervice; on the contrary, we had expended fince the war, on the favourite fervice of the country, 7,000,ccol. in building and repairing fhips; and during the five years the peace had lafted, we had got ready for fea more fhips than had ever been got ready in any five years after the conclufion of a war. During the last five years, our exertions had produced thirty fail of the line, and thirty five frigates. He

then

then defired the Committee to turn their eyes to the fituation of France, on whofe fide the advantage had certainly been the laft war. He could speak with certainty of her finances from a state of them just publifhed under the authority of the French government, and which he had received within a few hours. The profpect of mighty advantages from the independence of America had vanished, and the expences of France at this moment exceeded her income by the immenfe fum of 2,900,000l. Her income was certainly prodigious; it was stated at 470 millions of livres, or 20,000,000l. fterling a year; but her expenditure amounted to 22,900,000l. fterling. To provide for that deficiency, loans were to be opened, and renewed every year for five years. Thus that long period muft elapfe before France could bring her income to a level with her expences. He did not take delight in the diftreffes of a neighbour; but he could not but feel pleasure at the profperity of this country, which must be the more ftriking, as contrafted with the adverfity of a rival.

He then ftated the amount of the claims of American fufferers, admitted and likely to be admitted by the Commiffioners, to be about 2,100,000l. Out of this fum about 600,000l. had been advanced to the claimants on account; the remainder would be made good without any new tax, and folely by lotteries. The bargain he had made this year for the lottery was fo very good for the Public, that it would produce a gain of 270,000l. from which he would deduct 12,cool. for the expence of drawing, &c. and then there would be a net produce of 258,000l. for the Loyalifts.

He concluded by moving feveral refolutions for iffuing Exchequer bills, for forming a lottery, &c.

Mr. Sheridan endeavoured to prove that our finances were not in fo flourishing a ftate as the Minifter had defcribed them; and he said that in reality our expenditure would be found to exceed our income by no lefs a fum than 800,cool. But we were like the French, putting off the evil day, and not daring to look our fituation in the face.

After much converfation all Mr. Pitt's refolutions were carried without a divifion, and the Houfe adjourned.

MAY 6.

The Houfe went into a Committee, to confider further of the petition from Queenborough.

After a fhort preface from Mr. Alderman Sawbridge, witneffes were called to the bar and examined.

neffes were withdrawn, moved, "That it appears to this Committee, that an improper influence has been exerted by the Board of Ordnance in elections for Queenborough.”

Mr. Edwards faid, that the noble Duke at the head of the Ordnance was ready to appear, to give an account of his conduct at their bar; but the House were fo decided on the point, that they would not fuffer the idea.

At length the Houfe divided, Ayes, 25; Noes, 114. Majority for the Duke of Richmond, 89.

MAY 7.

The House refolved itself into a Committee on the first charge against Sir Elijah Impey.

Sir Gilbert Elliot refumed his fpeech on the fubject, and undertook to prove that the English laws did not extend to the natives of India; and that the crime for which Nundacomar had suffered death, was not capital by the laws of his country. He faid that Sir Elijah knew Nunducomar was the public accufer of Mr. Haftings, and this he ftated to be the prifoner's capital crime in the eyes of his Judge. After Sir Gilbert had been four hours on his legs, he felt himself exhausted; and after fome converfation it was refolved that the fubject should be finally difcuffed on a future day.

The Houfe was then refumed and adjourned.

MAY 8.

The House, in a Committee on the wool bill, went through the fame with amendments, ordered the fame to be printed, and the further confideration of the faid report to be received on that day fe'nnight.

MAY 9.

Mr. Burgefs moved that the Solicitors for the Commons be ordered to prefent to the House a regular statement of the expences attending Mr. Haftings's trial, fpecifying the particular purpose to which the feveral fums are appropriated; which was agreed to.

Mr. Pitt after a few prefatory obfervations, moved that this House will, early in the next Seffion, take into confideration the petitions against the Slave trade, and deliberate on what may be proper to be done in that refpect. The queftion being put, the Minister's

motion was carried.

The Houfe being in a Committee on the articles of impeachment exhibited against Sir Elijah Impey,

Sir Gilbert Elliot moved the following refolution, "That it is the opinion of this Committce, that the first charge exhibited against Sir Elijah Impey, contains matter of impeachment against the faid Sir Elijah Impey."

This brought on a debate, which lafted till half past feven in the morning, when the motion was negatived by a majority of 18.

Mr. Alderman Sawbridge, when the wit- Ayes, 55; Nees, 73.

OBSERVATIONS MADE IN A TOUR IN SWISSERLAND,
IN M,DCCLXXXVI.

By MONSIEUR DE LAZOWSKI.

Always find in the apparent profperity of a country, fomething to confirm the truth, That general profperity follows, the circumstances beng the fame, nearly the degree of liberty. Iface is better than Lorraine, and Bafle better than Alface. It is not by the number of country houfes, which ought to be frequent, and which are fo, in the environs of a rich city, in which the inhabitants have the fimple and republican manners, by which I judge of the degree of its profperity. That fign often deceives in a monarchy; it proves luxury, and a great inequality of fortunes; but the ftrength and the profperity of nations can only exist in the cafe of the people and the culture of their lands. It is, therefore, by other figns that, I have been able to examine. It is in the apparent riches of the farm-houfes, it is in their ornaments, which prove that the citizen is at his eafe, and that the farm is his retreat and his pleafure; a fact which has been confirmed at Bafle. It is the multitude of houfes of every kind which tells me that the number of citizens which can allow themselves the pleasure of the country, was great, and that the competition for becoming proprietors was great; a fact, which carries with it the idea of a mafs of capitals employed.

Much has been written on Swifferland: I was not there long enough to multiply obfervations; and as I find fo much in books concerning it, I have the lefs to minute, writing as I do only for myfelf; but as I have obferved, perhaps, fome detached facts, which have relation to fome leading enquiries, I fhall limit myself to them.

At Bafle, as in the other Swifs republics, there are fumptuary laws, and they are kept like other laws, exactly to the letter: but they are null, because luxury employs itfelf upon objects which the laws have not forefeen, and could not forefee. I have, therefore, been more confirmed in the opinion, which I had formed in England, that manners were the only effective laws against luxury; and it would ftill remain a fubfidiary question to know, if luxury is not the vehicle of commerce in whatever ftates are fupported in a great measure by their manufac

tures.

1ft. Since luxury is relative to the circumftances of the times, above all to the advancement of the age, of circulation, of the fituation, and the condition of the VOL. XIII,

neighbouring nations; it is evident, that the laws ought to vary in refpect to all thefe circumstances: for, that which was luxury two ages paft, is but mediocrity at prefent and is it not a thing contrary to the fpirit of a popular government to have a principle of legiflation, which tends by its nature to lead to difputes, to oblige the legislature to weigh perpetually in a balance, opinions alone, what may be prohibited or permitted, and to develope commotions, of which the popular government have always a principle.

But if the republican manners recal the order of which the diffentions are removing, then manners will be the rampart against luxury; and if they are not fo, the citizens will prefer their enjoyments to the enthufiafm of the republic, and will make every effort for preventing the introduction of new fumptuary laws. It will refult then, that they will have for these laws, the fame refpect as for other laws; they never alter or corre&t them, and then by that alone, it is clear that thofe laws are void.

2dly. They are null, because luxury exercifes itself in cafes not foreseen. Thus, at Bafle, if it is prohibited to wear clothes of filk, they take thofe in which there is a little mixture of cotton, or thread, or wool. Thus coaches are become common, though it is prohibited to have footmen behind; they open on the infide, as with the phyficians at Paris; and although the population of the city does not exceed 13 to 15000 fouls, yet they reckon more than 200 coaches, and are coftly in the choice of their horfes. The ladies cannot be dressed in filk, una lefs it be black; bur the law has foreseen nothing of the head-dreffes, and nothing can be more contrary to the spirit of reformation than the parade of their heads, which they run into as much as in France; and the expence of gauzes is certainly greater in the end than that of laces.

3dly. In fhort, it is impoffible to place bounds to the enjoyments of a rich people. It is not luxury which corrupts, but riches. It is thefe which give confideration and diftinction, and, nevertheless, the principle of a popular government is to reinforce the means of becoming rich, in affuring to every one the fruits of their industry and their property, and in preventing idleness; without giving in em ployments and abuses the means of fub fifting by doing nothing. This exifts admirably at Baile; and at the fame time A a a

they

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