Commons Sitting of 28 May 1806

MINUTES
A petition was presented by Mr. Alexander, from the merchants of Glasgow, against the bill now pending, for withholding the Drawback on foreign Linens exported from this country; which, with two other petitions, from other merchants, to the same effect, were ordered to lie on the table until the second reading of the bill, which, upon the motion of Mr. Foster, was deferred till Wednesday next.—A new writ was ordered to be issued, for the election of a representative for the county of Somerset, in the room of W. Dickenson, esq. deceased.—Sir J. Anderson presented a petition from the curriers of London, against the bill for repealing the Flaying Act.—The house, upon the motion of lord Temple, resolved itself into a committee for taking into consideration the Foreign Thread Lace Duty act, and the propriety of increasing the duties thereon. Resolved, that it was expedient to increase the several denominations of duties. Ordered to be reported on Friday.—A message from the lords announced their lordships' concurrence in the Irish Spirit Duty bill, the Irish Butter Regulation bill, and several private bills.—Mr. Speaker acquainted the house, that in answer to the communication of the thanks of the house voted to admiral sir Richard Strachan, and the officers, seamen, and marines, under his command, for their gallant services against the enemy, he had received a letter from that officer, dated on board the Cesar, at sea, the 19th of May, 1806; and which he should read. The letter, in substance, acknowledged the receipt of the letter from Mr. Speaker, communicating to sir Richard the honour done him by the house of commons, in their vote, approving the services of himself and the officers and seamen under his command; that he should feel sincere pleasure in performing the duty entrusted to him, of communicating the sense of the house of Commons to the officers, seamen, and marines under his command;
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and as to himself, he begged leave to express his hope, that his readiness, on all occasions, to devote his life to the service of his country, would prove him not unworthy the honour conferred upon him.

AFFAIRS OF INDIA—OUDE CHARGE.
Mr. Paullpursuant to the notice he had given, rose to bring forward his, promised Charge against the marquis Wellesley, with reference to his conduct to the Nabob of Oude. It was not his wish, he said, to trespass unnecessarily upon the time and attention of the house. The charges he meant to submit to their consideration, he had written, and were in his hand; he would read them, if it was the pleasure of the house, or, with their permission, he would move, without reading them, to lay them on the table.—The Speaker said, the hon. member might use his own discretion, and had certainly a right, if he chose, to use his privilege of laying them on the table. Mr. Paull immediately did so, and moved that the charge be now read. The charge was accordingly read by the clerk at the table, and is as follows:
"Article of Charge of high Crimes and Misdemeanours committed by Richard Colley Marquis Wellesley, in his transactions with respect to the Nabob Vizier of Oude.
"That Richard Colley Marquis Wellesley was appointed, constituted, and actually became a servant of the united company of merchants of England trading to the East Indies, in the month of October, in the year of our Lord 1797, and in the year of the reign of his majesty the 37th. That the office which he was appointed to fill was that of governor-general of Bengal, and subsequently of captain-general of all the king's and company's forces serving in the British territories in the East Indies. That he arrived, and took possession of the government committed to his charge, in the month of May 1798; and that he continued to fill and to exercise the powers of the said office and offices, until the month of August 1805, when he was there in superseded by Charles marquis Cornwallis.—That Oude is an independent principality in the peninsula of India, adjoining on the one side to the British territories, being in extent somewhat larger than England and Wales, having many large and populous cities; amongst which is Lucknow, the present capital, exceeding, in number

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of inhabitants London and Westminster together; a and containing in the whole principality, a population of nearly 6,000,000 souls. That the government is monarchical in form and absolute in the person of the sovereign, whose title is that of Nabob Vizier; who had under him, previous to the spoliation and extortion of marquis Wellesley, a high and opulent nobility; whose court exhibited every mark of splendour, and every proof of reverence and devotion to the sovereign; whose jewels alone were worth 4,000,000 l. sterling; whose retinue was so numerous, that he was sometimes attended with 500 elephants richly caparisoned, the whole number of his elephants and stable horses amounting to several thousands; and whose army consisted of more than 13,000 horse, and 30,000 foot, exclusive of artillery, and exclusive also of an armed police. That the principality of Oude abounds in fertile lands, and yields (besides those sorts of grain which are common to England) cotton, indigo, rice, sugar, and many other valuable commodities. That the manufactories, previous to the spoliations of marquis Wellesley, were extensive, and the exports thereof great, both in quantity of goods And in amount of value; and that the revenues of the country were abundant, and daily increasing. That the mode of raising the revenues of Oude has grown out of the nature of the government; according to the laws and usages of which, the sovereign, that is to say, the nabob vizier, is the sole and exclusive owner of the lands, there being in the country no property but that which is derived from the profits of the taxes farmed out or let by him, and collected by his authority, and, if need be, by the aid of his troops. That the great renters or farmers-general of the taxes, are called Aumils, of whom there are about 20 in number, and to whom the taxes of counties or portions of the country are let; the two principal aumils being Almas Ali Cawn and Mirza Mehindy, the former having the farm of one-third and the latter of one-fourth of the revenues of the whole country. That there is another class of renters or farmers of the taxes under the aumils, called Zemindars, a superior class of whom are also distinguished by the name of Rajabs, who rent of the aumils the taxes of their several townships or villages, each zemindar being, however, in such his minor district, a sort of hereditary feudal chieftain, having his family, his clan, and
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generally a fortress to defend himself against the aumil, in case of a quarrel arising from the oppression of the latter, or from any other cause. That from the Ryots, or husbandmen, and manufacturers (which character is generally united in the same person) the takes are collected by their respective zemindars. That the rent of the taxes is fixed by agreements annually made, first, between the nabob vizier and the aumils, who are, besides, great nobles, composing a part of his court, and, except in the season of collecting, residing in the capital; next, between the aumils and the zemindars, from whom the former obtain as high a rent as they can prevail on the latter to give; a and, lastly, between the zemindars and their ryots, to each of whom is left, out of the produce of his labour, the means wherewith to subsist in a greater or less degree of ease, there being, according to the laws and usages of the country, no possibility of his acquiring any thing to which the name of property can apply. That, from such a state of existence, so degrading in the eyes of Britons, it became a British governor and commander (if at all justified in interfering) to endeavour to exalt the people of Oude; but that, as it will hereinafter appear, the aforesaid marquis Wellesley, after having, under pretences the most groundless, encroached upon and extended his sway over the principality of Oude, did, upon the people thereof, impose burthens greatly surpassing any that had ever been imposed even by the most oppressive of their native sovereigns, their aumils, or their zemindars.—That the British connection with Oude began in the year 1765, under the governor-generalship of Robert lord Clive, by the treaty of Allahabad, being a treaty of peace, and of defensive alliance between the East-India company and the then reigning sovereign sujah ul Dowlah; stipulating, amongst other things, that, "in case the dominions of his highness Sujah ul Dowlah shall at any time hereafter be attacked, the English company shall assist him with forces according to the exigency of his affairs, and that in such case the extraordinary expence of the forces so employed, shall be defrayed by him;" the said treaty in form, language, and tenour, fully shewing, that the said nabob vizier Sujah ul Dowlah was, to all intents and purposes, the sovereign of a state perfectly independent. That, in 1768, by a treaty made at Benares, between the English company and the na-

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bob vizier Sujah ul Dowlah, an explanatory clause was added to the treaty of Allahabad, respecting the number of troops to be in future maintained by his highness, and confirming the said treaty of Allahabad.—That in the year 1773, under the governor-generalship of Warren Hastings, esquire, a treaty of cession and of subsidy was made at Benares between the English company and the nabob vizier Sujah ul Dowlah; by which treaty, were ceded for ever to the vizier and his heirs, three considerable districts of country, then belonging to or claimed by the company; in consideration of which it was stipulated, on the part of the nabob vizier, that he should pay to the English company, at different periods there stated, 50 lacks of sicca rupees; and, in a. second article, it was stipulated, in order to prevent disputes concerning the payments to be made by the nabob vizier for expences of the company's troops, which might be called to march to his assistance, that the expence of a brigade should be computed at 2 lacks 10,000 sicca rupees (or 26,250 l.) per month, such brigade to consist of 2 battalions of European, 6 battalions of sepoys, and I company of artillery: and further it was stipulated, that, "exclusive of the above- mentioned sum, no more shall, on any account, be demanded from him; and should the company and the English chiefs have occasion to send for the troops of the nabob vizier, the company and the English chiefs shall also pay their expences in the like manner." That in the year 1775, upon the death of Sujah ul Dowlah, Warren Hastings, esq., being still governor-general, as aforesaid, a new treaty was made at Lucknow, between the English company and the nabob vizier Asoph ul Dowlah, son and successor of Sujah ul Dowlah, by which treaty it was stipulated that the said nabob vizier, for the aid and assistance of the English troops when stationed with him, should pay monthly for the charges of a brigade from the time that the said troops should enter his territories, at his request, until their return, the sum of two lacks 60,000 sicca rupees (or 32,500 l.); and, as the subsidy above stipulated for related particularly to the defence of possessions in the vicinity of the British territories, it was further stipulated, in a subsequent article, that, "if the aforesaid nabob Vizier shall ever require the aid or assistance of the English Company for the defence of any other of his countries,
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he will fix something for the company in proportion to the service: and in conclusion this solemn declaration was made: "The English company, and all the English sirdars (or chiefs) engage to perform whatever articles are now mutually settled; and in the future, during the life of the nabob vizier Asoph ul Dowlah, they will not, in any respect or manner, make requests of any thing new, contrary to the tenour of this treaty; and this the parties mutually swear according to their respective faiths." That in the year 1781 Warren Hastings, esq., being still the governor-general as aforesaid, another treaty between the English company and the nabob vizier Asoph ul Dowlah, was made at Chunar: that, previous to the making of this treaty, the subsidiary force having been found unequal to the purposes of external defence and internal tranquillity, other troops have been from time to time introduced under the denomination of Sibbendies, temporary brigade, &c. &c. so that the expences of the military department became a burthen too great for the finances of the country to support; wherefore, by the treaty herein last named, it was declared and agreed, that, the said nabob vizier "having repeatedly and urgently represented that he is unable to support the expences of the temporary brigade, cavalry, and English officers, with their battalions, as well as other gentlemen, who are now Paid by him, under the denomination of Sebundy, &c. &c,; and having made sundry requests to that and other purposes, and as the constancy and firmness of his alliance with the company entitle him to every consideration and relief that may depend upon us; I Warren Hastings, governor-general, have agreed that the temporary brigade, and 3 regiments of cavalry, be no longer charged to the nabob's account for the year fussellee 1189, excepting a term for 2½ months, which is required for their passing the nabob's boundaries; and for which, together with all former allowances and arrears, their usual pay and allowances are to be made good; also, that the English officers, with their sebundy battalions, and other gentlemen, excepting the resident's office, now upon the nabob's list, be no longer at his charge for the year 1189, the arrears being paid up, with the addition of two months allowances; the true meaning of this being, that no more troops be

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paid for by the nabob, than the number of European artillery and sepoys agreed for under the title of one brigade, with the late nabob Sujah ul Dowlah, now paid for at the rate of 260,000 rupees (or 32,500 l.) per month; to which is now to be added one regiment of sepoys of the present establishment, expressly allowed for the purpose of protecting the office, treasury, and person of the resident at Lucknow; the pay and allowances of which shall commence from the first of Aughun next, at the rate of 25,000 rupees per month (or 3,125 l.), the regiment to be relieved every 3 months: also, that the brigade shall be stationed or moved wherever the nabob shall direct, in the mode prescribed by the former treaty with the nabob vizier deceased: and finally, that whenever the nabob vizier shall require a further aid of troops from the company, the pay and allowances shall commence from the day of their passing the Carumnassa; also, should the assistance of the nabob's troops be required by the company, their pay and allowances, as may then be agreed on, be allowed during the time they may serve." That thus, by this new treaty, it was settled that the temporary brigade and all other troops, the subsidiary brigade excepted, should be withdrawn; that the subsidiary brigade should be augmented with one regiment of sepoys, for which the nabob vizier was to pay at the rate of 25,000 rupees a month, making the whole subsidy amount to 2 lack and 88,000 rupees (or 35 ,625 l.) a month; and that whatever further troops might be sent into the country, at the special request of the nabob vizier, he should pay for at a rate to be agreed upon; and that, in conclusion, it was, by the said treaty, declared and agreed, "that the treaties made between the English and the nabob Sujah ul Dowlah should be ratified between the present parties, as far as might be consistent with the above-written articles; and that no officers, troops, or others, should be put upon the nabob's establishment, exclusive of those before stipulated." That, under the date of the treaty here mentioned of 1781, there was an agreement entered into between the English company and the nabob vizier; in which agreement the nabob vizier promised to accept of, and conform himself to, the advice of the governor-general as to the reduction of his expences, and the appropriation of revenue; but that, in the said advice or agreement, it was "expressly declared,"
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that "the ultimate object thereof was the nabob vizier's interest alone, the interest of the English company being no further concerned than in the influence which they will eventually have in the payment of the debt due from the nabob vizier to the company."—That, in the year 1787, Charles marquis Cornwallis being then governor-general under the said East-India company, as aforesaid, a new treaty was made, on the 21st of July in the said year, between the said company and the said nabob vizier Asoph ul Dowlah. That this last-mentioned treaty was in form of a letter from marquis Cornwallis to the nabob vizier; the propositions in which letter contained, being accepted in a letter from the nabob vizier, became the stipulations of a treaty between the parties aforesaid. That by this treaty it was stipulated, that, "after the 1st of March 1787, the whole sum to be paid annually by the vizier to the company should be 50 lacks of fyzabad 16 sun rupees (or 600,000 l.), including the charges for the brigades, those of the residency, the allowance to Saadut Ali Cawn, and the stipends of the Rohillas; there should be no excess unless the vizier should demand more forces from the company; in that case, the increase to be provided for on a fair estimate: That if either of the 2 brigades or corps of cavalry should be recalled, or any considerable diminution in their number should take place, the company should allow the vizier for the decrease of the expence from the sum of 50 lacks, agreeable to a fair valuation; that the arrears due to the residency, to the troops, to Saadut Ali Cawn, to the Rohillas, and to lieut. Anderson, should be paid to the 1st of March, but the other arrears charged to the governor be struck out, and no longer considered as a demand of this government on his excellency: That a resident should remain at his excellency's court; but it being a system now positively and declaredly established, that the company should not interfere in any respect in the details of the vizier's government, strict orders should be sent him neither to interfere himself, nor suffer any interference, for any public or private claims of British subjects or persons under our authority; and that the whole management of the vizier's country should be left to his excellency and his ministers, and no appeals from any of its inhabitants be received by the company's government."—That the said governor-

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general marquis Cornwallis in council did, afterwards, in a letter by them addressed to the secret committee of the East-India company, dated on the 16th of August 1787, state, "that the satisfaction of the nabob vizier at the conduct and conclusion of this negociation had been expressed in a letter addressed by him to the governor-general, a copy of which, as well as of the kistbundy executed by him, were inclosed; that, upon the whole, they had every reason to affirm that it would prove the foundation of a permanent connection between him and the company, being concluded upon principles of mutual advantage to both; and that notwithstanding the renunciation of the large claims of the company's government upon the nabob vizier, it must in a pecuniary light be deemed beneficial to the company; and that the negociation would appear conformable to the spirit of the company's instructions regarding the conduct of their government to the nabob vizier." That, in conformity with the stipulations of the treaty here mentioned, the said governor-general did, amongst other his instructions to Edward Otto Ives, esq. then resident at Lucknow, strictly enjoin him not to interfere in the internal government of the nabob vizier; observing and ordering as follows; to wit: that, "an interference with the internal government of the nabob vizier's dominions being now unnecessary, as well as contrary to the engagements subsisting between us and the vizier, you will be careful to avoid both the reality and appearance of any; and you will use your endeavours to acquire the confidence of the vizier and his ministers, and to convince them that we have nothing in view but to render the connection with Oude of mutual benefit to both parties." That an account of the conducting and of the result of these negociations, between the nabob vizier and the marquis Cornwallis, having been communicated to the said East-India company, the court of directors of the said company, by a letter to the said governor-general in council, dated on the 8th of April 1789, did "approve of the general arrangement, and of the principles upon which it was framed," and did express their satisfaction, that "the nature of the connection with the nabob vizier was now accurately defined, the defence of Oude being assigned to the British troops under a fixed subsidy, and the internal governmemt of
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the country remaining with the nabob vizier." That thus, the nabob vizier paying an annual subsidy of 600,000 l. to the East-India company, the connection between the company and the nabob vizier did continue uninterrupted and unaltered for the space of 10 years.— That, in the year 1797, Sir John Shore, bart. (now lord Teignmouth), being the then governor-general under the said East-India company; it having been found necessary to augment the company's forces; and "the governor-general having represented to his excellency the nabob vizier, the late very great increase of the company's establishments, by the addition of several regiments of cavalry, both European and native; and having, in compliance with the company's order, solicited his excellency's assistance to defray the consequent additional expence;" it was stipulated, in an agreement made at Lucknow in the month of March, in the year last-mentioned, between the said governor-general and the nabob vizier, that "his excellency the nabob vizier, in the fullest reliance that the company's troops are ever ready, in conformity to existing circumstances, to protect and defend his dominions against the attacks of all his enemies, will annually defray the actual bonâfide expences of a regiment of Europeans and one of native cavalry; (that is to say) two regiments, (the amount of which expences, the governor-general cannot at present specify,) provided they shall not exceed, upon every account, five lacks and a half of rupees per annum; the amount to be defrayed by monthly instalments, of which the first shall commence with the month of Bysade of the present Fussiley year."—That, in the year 1797, the nabob vizier Asoph ul Dowlah died, and was, for a short space, succeeded in the musnud (or throne) by a pretended son, named Vizier Ally Cawn, who, through the aid of the elder Begum and of the great Aumil Almas Ali Cawn, usurped the throne, to the prejudice of the rightful heir Saadut Ali Cawn, brother of the late nabob vizier Asoph ul Dowlah. That, by the aid of the English East-India company, the usurper was dethroned, and Saadut Ali Cawn was placed on the throne on the 21st of January 1798. That, on the 21st of February in the year last mentioned, a new treaty was made at Lucknow between the said nabob vizier Saadut Ali Cawn, on the one part, and the said East-

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India company on the other part, the said sir John Shore being still the governor-general, as aforesaid. That, in the treaty here mentioned, it was stipulated, that, as the English company had "incurred a considerable expence by their exertions to restore the nabob vizier to the possession of his rights, he the said nabob vizier should, in consideration thereof, pay to the company the sum of 12 lacs of rupees;" and further, it was in the said treaty stipulated, that, "with a view to enable the English company to fulfil their engagements to defend the dominions of the nabob vizier, and at the same time to provide for the protection of their own dominions, the company having largely increased their military establishments by new levied regiments for that purpose;" that the annual subsidy paid to the company by the nabob vizier should be augmented from .55½ to 76 lacs of rupees (or 950,000 l.), including the stipends to the Begums and others, and which subsidy the nabob vizier was to pay by monthly kists (or instalments), each instalment being in amount equal to a 12th part of the whole annual subsidy. And further, it was in the said treaty stipulated, as to the company's troops to be maintained in the principality of Oude for its defence, that the said troops should "never consist of less than ten thousand men, including Europeans and natives, cavalry, infantry, and artillery; and that if, at any time, it should become necessary to augment the troops of the company in Oude beyond the number of 13,000 men, including Europeans and natives, infantry, cavalry, and artillery, the nabob Saadut Ali Cawn should pay the actual difference occasioned by the excess above that number; and that in the same manner, if the troops of the company of Oude, from any necessity should be less than 8,000 men, including infantry, cavalry, artillery, natives and Europeans, a deduction should be made from the annual stipend, of 76 lacs of rupees, equal to the actual difference of men below the specified number." And further, it was in the said treaty stipulated, with regard to security for the regular payment of the kists as aforesaid, that, "as the payment of the company's troops in Oude depends upon the regular discharge of the subsidy, stated in the 2d and 3d articles of the treaty, the said nabob engages to exert his utmost endeavours to
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discharge the stipulated kists with punctuality; but that it, contrary to the sincere intentions and exertions of the said nabob, the payment of the kists should fall into arrear, the said nabob Saadut Ali Cawn engages and promises, that he will then give such security to the company for the discharge of the existing arrears, and the future regular payment of the kists, as shall be deemed satisfactory." And further, in the said treaty it was stipulated, with respect to reductions of expence in the government of the nabob vizier, that, "the subsidy to the company being now considerably increased, and many other permanent charges upon his excellency being incurred, on a comparison of his disbursements with the assets or pecuniary means of his country, it becomes necessary to make such reductions in the superfluous charges of the public establishments, servants, &c. as may be requisite, and are consistent with his excellency's dignity and convenience; and to that end the said nabob agrees to consult with the company's government, and, in concert with them, devise the proper objects of such reductions, and the best means of affecting them:" And, lastly, in the said treaty it was stipulated, as to the management of the internal affairs of the principality of Oude, that "all transactions between the two states should be carried on with the greatest cordiality and harmony on both sides, and that the nabob vizier should possess full authority over his househould affairs, hereditary dominions, his troops, and his subjects."—That the terms of the said treaty were highly advantageous to the English company, not only as enabling them to defray almost the whole increased expence of their military establishment, and having added in perpetuity to the possessions of the company the important fortress of Allahabad, which was to be put in a state of defence at the expence of the nabob vizier, but did greatly aid the said company in their commercial concerns, as appears in a letter from the governor-general in council to the secret committee of the court of directors, dated on the 5th of March 1798, and of which advantages the court of directors were fully sensible, as appears by their answer to the extract last quoted, of their political letter to the governor-general marquis Wellesley, dated the 15th day of May, in the year 1799; wherein they observe, that "the governor-general's minute

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of the 5th of March, 1798, contains a very satisfactory explanation of the variations between the terms of the previous engagement executed by Saadut Ali at Benares, and those of the definitive treaty concluded at Lucknow. By the latter, the company's influence over the vizier's country appears to be sufficiently preserved without the insertion of any article that might be deemed offensive; and we have the further satisfaction to find, that, exclusive of the immediate payment of 12 lacs of rupees (or 150,000 l. sterling) by the nabob vizier, his annual subsidy is increased upwards of 20 lacs of rupees (or 250,000 l.), besides the acquisition of a fortress in the Oude dominions, of the greatest consequence in the scale of general defence;" and in the same letter they add, that, having taken this general view of the subject, with a minute attention however to all the papers and proceedings, we are, upon the whole, decidedly of opinion, that the late governor-general, lord Teignmouth, in a most arduous situation, and under circumstances of much delicacy and embarrassment, conducted himself with great temper, impartiality, ability, and firmness; and that he finished a long course of faithful services, by planning and carrying into execution an arrangement which not only redounds highly to his own honour, but which will also operate to the reciprocal advantage of the company and the nabob vizier."—That the character and conduct of the said nabob vizier Saadut Ali Cawn was, in letters from the governor-general, and from the governor-general in council to the secret committee aforesaid, bearing date on the said 5th of March 1798, thus described: " His talents and capacity, though moderate, are not mean; his habits of economy are strong, and approaching to parsimony; his conduct during his residence at Benares, was reserved and correct; in all his dealings he was fair and just; if some moral defects are imputed to him, they are not exposed to general observation. His conduct, since his accession, has been dignified and conciliatory; and indeed, in all respects, regulated by the strictest propriety; and it is With sincere pleasure we acquaint you, that the most perfect tranquillity prevailed at Oude at the time of the governor-general's departure there from, and that there was no ground whatever to apprehend its being disturbed."—That such and so auspicious was the
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state of affairs in Oude, and such its connection with the East-India company when Richard Colley marquis Wellesley arrived in India, and entered upon his functions, as aforesaid, in the month of May 1798; that is to say, three months after the date of the treaty so happily concluded, and so strongly approved of, as aforesaid.—That, by an act passed in the year 1784, being the 24th year of the reign of his present majesty, it was declared and enacted, that, Whereas to pursue schemes of conquest and extension of dominion in India are measures repugnant to the wish, the honour, and policy of this nation; Be it therefore further enacted, by the authority aforesaid, that it shall not be lawful for the governor-general and council of Fort William aforesaid, without the express command and authority of the said court of directors, or of the secret committee of the said court of directors, in any case, (except where hostilities have actually been commenced, or preparations actually made for the commencement of hostilities against the British nation in India, or against some of the princes or states dependent thereon, or whose territories the said united company shall be at such time engaged by any subsisting treaty to defend or guarantee), either to declare war or commence hostilities, or enter into any treaty for making 'war against any of the country princes or states in India, or any treaty for guaranteeing the possessions of any country princes or states; and that in such case it shall not be lawful for the said governor-general and council to declare war or commence hostilities, or enter into treaty for making war against any other prince or state than such as shall be actually committing hostilities or making preparations as aforesaid, or to make such treaty for guaranteeing the possessions of any prince or state, but upon the consideration of such prince or state actually engaging to assist the company against such hostilities commenced, or preparations made as aforesaid; and in all cases where hostilities shall be commenced or treaty made, the said governor-general and council shall, by the most expeditious means they can devise, communicate the same unto the said court of directors, together with a full state of the information and intelligence upon which they shall have commenced such hostilities, or made such treaties, and their motives

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and reasons for the same at large." That by an act passed in the year 1773, being the 13th year of the reign of his present majesty, it was enacted, that, "for the better management of the said united company's affairs in India, Be it further enacted, by the authority aforesaid, That for the government of the presidency of Fort William, in Bengal, there shall be appointed a governor-general, and 4 counsellors, and that the whole civil and military government of the said presidency, and also the ordering, management, and government of all the territorial acquisitions and revenues in the kingdoms of Bengal, Bahar, and Orissa, shall, during such time as the territorial acquisitions and revenues shall remain in the possession of the said united company, be, and are hereby, vested in the said governor-general and council of the said presidency of Fort William, in Bengal, in like manner, to all intents and purposes whatsoever, as the same now are, or at any time heretofore might have been, exercised by the president and council, or select committee in the said kingdoms." That, nevertheless, the said marquis Wellesley, in defiance and contempt of the laws, to the strict observance of which he was bound by engagements the most solemn, did, from the time of his arrival in India, conceive and entertain the intention, an intention which he finally executed, to encroach upon the power and rights of the said nabob vizier, to interfere in the internal affairs of his government, to undermine and to destroy his authority over his household affairs, his troops, and his subjects, and, under pretences the most false, to extort from him the said nabob vizier, his hereditary dominions, so solemnly guaranteed to him by the company in the treaty of 1798; and that all this he the said marquis Wellesley did without the concurrence, approbation, or consent, and even without the knowledge, of the council of Bengal, and without communicating to the said council, or to his employers the said East-India company, any information whatever of such his intention or proceedings.—That the means by him the said marquis Wellesley employed for the effecting of his designs of encroachment, extortion, and sur fation aforesaid, were, First, the making and reiterating of unfounded comments and affected apprehensions with respect to the nabob vizier's due payment of the monthly kist (or instalment): Secondly,
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the making of continual applications to the nabob vizier for the disbanding of his troops; the purport of which applications, together with the persecuting and insulting manner in which they were made, being evidently calculated and intended to disgust the nabob vizier with his government, and to induce him to abdicate his throne: Thirdly, the immediately interfering in the internal government of the nabob vizier, the encouraging of his subjects to resist his authority, and even the fomenting amongst them a spirit of hostility to the person, as well as to the government, of their sovereign: and, Fourthly, the pouring into the country of the nabob vizier troops in such numbers, and of expence so enormous, and the adding thereunto the amount of new and unfounded claims, together with charges for troops, which troops had no existence in fact; thus heaping demand upon demand, until the revenues of the nabob vizier became inadequate to the payment; and having at last compelled him to make an avowal of such inadequacy, seizing upon that avowal as the ground for demanding from him a cession, in perpetuity, of one-half of his territory, as a compensation for the non-payment of the sums so unjustly, and in such direct violation of treaty, of good faith, of honour, and of honesty, demanded.—That, as preliminary to the employment of means so foul, so wicked, so unworthy of a soldier and a Briton, the said marquis Wellesley did recall from Lucknow the then resident, John Lumsden, esq., who had assisted in the negociating of the treaty of 1798, and, in the room of him, did, in the month of June 1799, appoint, as resident at that court, lieut. col. William Scott, with whom the said marquis Wellesley had previously held secret consultations as to his ultimate designs with regard to Oude, and who, as it hereinafter will appear, was a representative entirely worthy of the person whom he was chosen to represent, and of the designs with the accomplishment of which he was charged.—That, with respect to the. alledged non-payment of the monthly kist (or instalment)as provided in the treaty of 1798, it doth appear from a retrospective view of the several taeaties and compacts between the English company and the nabob viziers of Oude successively, that the annual subsidy, paid by that country to the company, had, in the space of 25 years, been augmented by degrees from 315,000 l. to 950,000 l. That, from a letter

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of sir John Shore, bart. to the secret committee of the court of directors, dated on the 5th of March 1798, immediately after the conclusion of the treaty last-mentioned, and also from a letter of the said secret committee to the governor-general in council, dated on the 15th of May 1799, it doth further appear, that it was reasonable to expect, and that it actually was expected, that "the nabob vizier would find considerable difficulty in fulfilling his pecuniary engagements with the company during the first year, or perhaps longer;" and that, by the stipulations of the treaty of 1798, a burthen full as great, if not greater, than he could possibly bear, had, in the opinion of sir John Shore, bart., and also of the East-India company, been imposed upon him the said nabob vizier. That, nevertheless, the said nabob vizier did, in a manner the most punctual, begin and continue to make payment of the kists (or instalments), as aforesaid, fixed and agreed upon; that in one single instance only did he suffer to fall in arrear a monthly kist, which he immediately afterwards paid up. That from the day of the conclusion of the treaty to the day of its final abrogation by the treaty of Cession from him extorted by the said marquis Wellesley, he the said nabob vizier did, with the most perfect sincerity and the most scrupulous good faith, adhere, in word and in deed, to all and singular its stipulations and provisions; and that, therefore, the pretences of the said marquis Wellesley, of apprehensions as to the punctual payment of the kists, were insincere, unfounded, and false, and were intended to mask the unjust, dishonourable, and perfidious designs, which he had previously formed for interfering in and encroaching upon the government of the nabob vizier, for disbanding his troops, and finally for seizing upon his territories, in defiance of the positive compact with the said nabob vizier, as well as in defiance of the law before cited, which he the said marquis Wellesley was solemnly bound to observe, adhere to, and obey.—That, with respect to the disbanding of the troops of the nabob vizier, it was in the treaty of 1798 afore-mentioned. Settled, and agreed, that "the said nabob vizier should possess full authority over his household affairs, hereditary dominions, his troops, and his subjects;" and that, in another part of the said treaty, it was settled and agreed, that, " Whereas by the engagements now entered into be-
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tween the nabob vizier and the company; the amount of the subsidy is considerably increased, and many other permanent charges upon his excellency are incurred; upon a comparison of his disbursements with the assets (or pecuniary means) of his country, it becomes necessary to make such reductions in the superfluous charges, servants, &c. as may be requisite and are consistent with his excellency's dignity and convenience; and to that end the said nabob agrees to consult with the company's government, and, in concert with them, devise the proper objects of such reductions, and the best means of effecting them."—That, in a letter from the secret committee of the court of directors aforesaid to the governor-general and council, dated on the 15th of May 1799, it is stated, that, seeing the difficulties which the nabob vizier had to encounter, as afore-mentioned in the letter of sir John Shore, bart., they the said secret committee are "not surprised to find, by the last accounts, that an arrear had accumulated in the payments of the kists, to the amount of 18 lacks of rupees; that, lord Mornington having represented, however, that he believes the nabob vizier is sincerely disposed to make every possible effort for the liquidation of this arrear, as well as for introducing such a system of order and economy into the management of his finances, as will enable him to be more punctual in his future payments, they the said secret committee entertain a well-grounded expectation that every cause of complaint upon this head will speedily terminate; observing at the same time, that the large, useless, and expensive military establishment within the Oude dominions, appears to them to be one of the principal objects of economical reform." That hence it doth manifestly appear, that, even agreeably to the hard terms of the treaty of 1798, and to the subsequent instructions of the secret committee, the disbanding of the troops of the said nabob vizier had in view no object beyond that of leaving him the means punctually to discharge the stipulated kists; that, in the extent of disbanding, reduction, or reform, due attention was to be paid to the dignity and convenience of the nabob vizier; and, in the execution of the measure, the nabob vizier was to be the principal, he having agreed merely to consult upon the subject with the company's government, and having, in the express terms of the treaty aforesaid, re-

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tained "full authority over his household affairs, hereditary dominions, his troops, and his subjects." But that, notwithstanding the obvious meaning of the stipulations and instructions aforesaid; notwithstanding the arrear before-mentioned had been fully paid up, and all the subsequent kists had been paid to the day, and even the day before due; notwithstanding the nabob vizier had, in strict conformity to the treaty, not only shewn a willingness to make a reform in his military establishment, but had urgently besought the company's government with him thereon to consult, and in concert to devise proper objects of reduction, and proper means in such reduction to he employed; all this notwithstanding, the said marquis Wellesley, in furtherance of his iniquitous designs of territorial aggrandisement, extortion, and plunder afore-mentioned, did, between the month of July and the 12th of Nov. 1799, as well himself as by and through the means of the said William Scott, by him thereunto moved and instigated, directly interfere in the internal government, in the household affairs, and in the appointment of counsellors and ministers of the nabob vizier, and, in terms the most peremptory and arrogant, dictate unto him the said nabob vizier such a reduction of his military establishment as would have left him no troops over whom to exercise authority, and as would, according to the remonstrance made by the said nabob vizier, have left him "no authority whatever over his dominions or his subjects;" and, finally, did threaten to march, and actually made preparations for marching, large bodies of the company's troops into the territories of Oude, to be maintained at the expence of the nabob vizier; avowing at the same time, that the nabob vizier would be unable to make good such expence, without disbanding his own troops; insomuch, that, at the epoch last-mentioned, namely, on the 12th of Nov. 1799, wearied with unceasing importunities and threats; thwarted by the frowardness of his Aumils and others thereunto stirred up and encouraged by the said marquis Wellesley; disgusted with a system of interferences, of dictation, of reproof, and of insult, by which he was exhibited as a slave in his own capital—the said nabob vizier did make unto the said marquis Wellesley a proposition for the abdication of his throne, for the placing his son there on and for retiring himself to a distance
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from his capital; his intention, as it afterwards appeared, being to make in person an appeal to the justice of the king and the parliament in England. Whereupon the said marquis Wellesley, in pursuance of his unjust and unlawful designs as before described, eagerly seizing upon the proposition so made by the nabob vizier, and, falsely ascribing the said proposition to a sense of incapacity and inability to govern; in the said nabob vizier, did unto him the said nabob vizier, through the means of the said William Scott, propose the executing of a treaty, whereby to assign over, in perpetuity, to the East-India company, "the sole administration of the civil and military government of all the territories and dependencies of the state of Oude, together with the full and entire right and title to the revenues thereof," to the utter exclusion of his sons and of every branch of his family, to agree to quit the territories of Oude for ever, to remove unto and reside in some place within the company's territories, to be fixed by the governor-general in council; there to reside, and the said place of residence not thereafter to change, without the leave of the governor-general in council, and thus to renounce his dominions and his subjects, to disinherit his sons and his family for ever, and, in return, to become, in fact, a prisoner in some one or other of the company's fortresses in the province of Bengal or of Behar.—That the nabob vizier, astounded at a proposition so unjust in itself, and so insulting to his feelings, yet so characteristic of the mind and of the views of the proposer, and strenuously remonstrating against the terms of the said treaty, which he finally rejected, the said marquis Wellesley, while, on one hand, he renewed with increased arrogance his menaces of interference, encroachment, extortion, and usurpation, did, on the other hand, resort to the use of persuasions the most insincere, insidious, and crafty; he the said marquis Wellesley having to the said William Scott stated, that "the proposition of the nabob vizier was pregnant with such immense benefit, that it could not be too much encouraged; and that there were no circumstances which should be allowed to impede the grand object to which it led, that object being the acquisition by the company, of the exclusive authority, civil and military, over the dominions of Oude;" while at the same time he the said marquis Wellesley did instruct the said William

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Scott to declare to the nabob vizier, that "his abdication of the government of Oude was neither wished for nor approved of by him" the said marquis Wellesley; thus evincing the profoundest hypocrisy, united with views the most tyrannical, violent, and cruel.—That, with respect to the fomenting, amongst the subjects Of the nabob vizier, of discontents against his government, and hostility to his person, the said marquis Wellesley through the means of, and in concert with the said William Scott, besides the divers acts of the kind here mentioned and before referred to, did, after the rejection of the aforesaid insulting and cruel proposition, together with other propositions nearly thereunto resembling, and with the view and the intention of driving the nabob vizier, his rights and revenues and territories to renounce, intrigue with, stir up, and, as well by threats as by promises, did move and instigate the subjects of the said nabob vizier the due authority of their sovereign to contemn, his lawful commands to set at nought, his just claims to refuse, and his person to abhor. That, in the month of May 1801, a cession of territory having been demanded of the nabob vizier by the said Marquis Wellesley, and the demand having been backed by the marching of large bodies of the company's troops into the territories and near the capital of Oude; the nabob vizier seeing resistance to be in vain, yet hoping to obtain some small degree of security for his person, his revenues, and his authority, in the territories which should remain in his hands, did draw up a paper of requests, communicating the same in a manner expressly unofficial to the said William Scott, from whom, in a very short time afterwards, he the said nabob vizier did receive back the said paper, together, with an urgent recommendation, accompanied with professions of the warmest friendship, that the nabob vizier would not insist upon his, the said William Scott's, transmitting any such paper to the said marquis Wellesley; but that the said William Scott, during the short time that the, said paper remained in his hands, did surreptitiously take a copy thereof, and the said copy did immediately transmit to the said marquis Wellesley, together with an account of all circumstances under which, and all the means whereby, the said copy had been obtained; and that, between the month of May last-mentioned, and the month of July 1801, the said marquis Wel-
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lesley, through the means of, and in concert with the said William Scott, did make preparations for obtaining an attested copy of the said paper from the nabob vizier, which copy they at last obtained. That, in the said paper of requests, the nabob vizier having expressed his wish, that, "should any person have obtained, or should thereafter obtain, by breach of trust or other means, possession of specie or property belonging to the sircar of Oude, no one should obstruct his taking back such property;" and the said marquis Wellesley intending to strip him of all authority, and all means of self-protection, seized upon the wish, so expressed by the nabob vizier, as a means of rendering him odious and detestable in the eyes of the most wealthy of his subjects, whose riches and jewels to be able to confiscate at pleasure, he the said marquis Wellesley pretended to regard as the object of the wish so expressed by the nabob vizier. That the said marquis Wellesley, thus falsely pretending, did, on the 2d of June 1801, thus write to the nabob vizier: "The publication of the articles tendered by his excellency to the governor-general, and still more any attempt to carry them into effect, would inevitably occasion the most dreadful convulsions in the province of Oude, and would for ever alienate from his excellency's person arid government every sentiment of affection, obedience, or respect; and the governor-general, therefore, not only expresses his anxious hope that the nabob vizier will never revive the project contained in the proposed articles, but his lordship most earnestly recommends it to his excellency to exert every possible precaution to prevent the tenour of those propositions from transpiring in his excellency's court, or among any description of his excellency's subjects."—That the said marquis Wellesley, while he was thus writing to the nabob vizier, while he was thus expressing his apprehensions lest the nabob vizier should suffer the knowledge of his wish, so expressed, to transpire amongst any description of his subjects, was actually conveying to the said William Scott the instructions here following; to wit: "I conclude, that you have retained an attested copy of the paper of requests, of which you have sent me the original. If it should become necessary to assume the districts without his excellency's consent, I desire you to consider, whether it may not be expedient to furnish the Begum, Alma Ali-

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Cawn, Hussein Reza Cawn, and the principal personages in Oude, with attested copies of such parts of that paper as tend to disclose the comprehensive project of confiscation, proscription, and tyrannical violence, entertained by his excellency against his own family, nobility, and people. If you should concur with me in opinion, that such a communication to the persons named and described in the preceding paragraph might be useful, I authorise you to make it at the period of time, and to the extent which you may judge adviseable."—That the said William Scott, having before made use of numerous means to seduce the nabob vizier's subjects from their allegiance, did, in the month of July 1801, make to certain amongst them a communication of the contents of the said paper of requests, accompanied with the false, malicious, and wicked construction thereon put by the said marquis Wellesley, and for the foul and treacherous purposes afore-mentioned; and that, after all the transaction aforesaid, the said marquis Wellesley did in a public and official manner, express his entire satisfaction at the conduct of the said William Scott, and did, as a mark of such his satisfaction, appoint the said William Scott to be one of his honorary aides de-camp, or legion of honour, a distinction which, agreeably to the express words of the said marquis Wellesley, he had "reserved for such officers as had proved highly meritorious in the field, or in the conduct of negociations with foreign states."—That, with respect to the pouring of troops into the territories of the said nabob vizier, the loading him with accumulated expences, and the final seizure of one-half of his territory, as a commutation for the sums so unjustly demanded, the said marquis Wellesley having disbanded the troops of the said nabob vizier without his sent, which disbanding he had represented as sufficient to enable the said nabob vizier to meet all the demands that would ever come against him for the support of the company's troops to be in lieu thereof introduced into the dominions of Oude; having introduced into the said dominions, corps upon corps, adding expence to expence, making, upon exaggerated and fraudulent estimates and returns, demand after demand on the treasury of the nabob vizier, while at the same time he undermined the authority of the said nabob vizier over the persons from whom his revenues were
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immediately received; having, in fact, seized upon great part of the territories from winch the nabob vizier's revenues were derived, insomuch, that on the 18th of July 1801, in answer to reproaches to him by the said William Scott made, relative to the non-payment of the kist, the said nabob vizier in the bitterness of his heart, thus represented the tyranny over him by the said marquis Wellesley exercised: "In respect to the kist, you well know, that in opposition to and in defiance of me, you have called before you the aumils and their vakeels (or messengers), and, without my acquiescence, or any participation on my part, you have told them that such and such countries belonged to the company, and have forbidden them giving me the peishgee, advance; and further, you have directed the officers in command of the troops to establish themselves in the countries alluded to; judge then, what confusion these circumstances must have given rise to in the country; what confidence the aumils can now repose in me: having first deprived use of the means of collecting the revenues, you then call upon me to make payments."—Having, by means so unjust, and tyrannical, reduced the said nabob vizier to the situation here described, the said marquis Wellesley, under the false pretence of being so authorized to act by the treaty of 1798, did demand, and by and through the means of his brother the hon. Henry Wellesley, by him unlawfully appointed to the mission at Lucknow, did, from the said nabob vizier force and extort the cession in perpetuity to the East-India company, of the one half of the whole of the territories of Oude. That, in the month of November 1801, a treaty, in which the said cession was stipulated for, was concluded with the nabob vizier; that the said Henry Wellesley, in order to compel the said nabob vizier thereunto to consent, did renew the alarming threats so frequently resorted to by the said marquis Wellesley, by the means of, and in concert with the said William Scott; that he the said Henry Wellesley was instructed to declare, and to the said nabob vizier did declare, the settled determination of his brother, the said marquis Wellesley, to seize upon the whole of the dominions of Oude, unless the cession proposed was assented to; and that the said marquis Wellesley, resorting again to his false, malicious, and wicked construction of the paper of re-

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quests, did instruct the said Henry Wellesley to present and to publish a declaration, containing the parts of the said paper referred to, together with the said marquis Wellesley's construction thereof, to the end that the most opulent and powerful subjects of the said nabob vizier might thereby be induced to abandon their sovereign, and to join in the views of the said marquis Wellesley; which said instructions were expressed in the following words; to wit: "You will communicate to the Begum, to the other members of his excellency's family, and to the principal persons of rank at the vizier's court, the nature and extent of those acts of arbitrary power to which the vizier required the sanction of the British name, as the condition of his consent to a territorial cession. And his lordship directs that this unparalleled instance of rapacity and injustice, form a leading article in the declaration to be preferred by you, and transmitted for his lordship's approbation. You will also communicate to the Begum, and to the other personages in question, a copy of his lordship's reply to that part of the vizier's propositions. His lordship has no doubt, that the knowledge or this transaction will fully explain the necessity of the company's assumption of the civil and military government of Oude to those persons who are the objects of his excellency's proscription. His lordship is also of opinion, that his excellency the vizier, either sensible of the disgrace, or apprehensive of the consequences of a public exposure of his tyrannical views, may be ultimately induced to accede to an equitable arrangement by a seasonable notification of this part of your instructions, and of its result. His lordship deems it not improbable, that the principal persons to whom the foregoing communication is to be made, may come forward with declarations expressive of their indignation at his excellency's unwarrantable views, and soliciting the protection of the British government: in this event, his lordship directs that you will receive such representations, and transmit them immediately to his lordship. But the most noble the governor-general desires that you will not solicit or express any wish to receive any such representations. His lordship deems it of essential importance, that the receipt and substance of such representations should be parti-
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cularly noticed in the proposed declaration. The communication above directed to the family of the vizier, and the principal persons of his court, will consequently precede the delivery of that document to his excellency the vizier." That, notwithstanding the embarrassment and danger arising from intrigues so perfidious, notwithstanding the alarming threats and the personal insults from the said Henry Wellesley daily received; notwithstanding the great numbers and the menacing attitude of the company's troops; notwithstanding the orders for a seizure, by hostile means, of the whole of the dominions of Oude, had actually been issued by the said marquis Wellesley; all this notwithstanding, the said nabob vizier did, until he had exhausted every means of remonstrance, until resistance could no longer be continued without imminent danger to his life, and to the lives of his family, withhold his assent from, and decidedly reject, the treaty of cession as aforesaid; under the mask of which treaty, but in fact by force of arms, the said marquis Wellesley did wrest from the said nabob vizier a territory yielding an annual revenue of 1 croare and 35 lacks of rupees (or 1,682,500 l.);that though the said nabob vizier, thus persecuted and plundered, dreading further acts of injustice and violence, and anxiously wishing for the future to be free from the interference of British amity and advice, most earnestly besought the said marquis Wellesley to leave him the sole management of the territory unto him the said nabob vizier now remaining, the said marquis Wellesley, by the means of, and in concert with his brother aforesaid, did, in manner and in terms the most haughty and insulting, reject the said request; guaranteeing unto the said nabob vizier and his heirs the sovereignty of the said remaining territory, solely upon the condition, that they should hold it under such a system of administration as might be recommended by the officers of the said East-India company: And that this injurious and degrading condition was by the said marquis Wellesley imposed, under the impudent pretext of its being necessary, in order to secure the fulfilment of the treaty of 1798; according to the letter, as well as to the spirit of which treaty, the whole of the dominions of Oude were guaranteed to the nabob vizier and his heirs for ever, with "full authority over his said dominions, his household affairs, his troops, and his

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subjects." That, proceeding in the completing of a triumph so inglorious, the said marquis Wellesley, by the means of, and in concert with his said brother Henry Wellesley, did, at the moment of his taking possession of the territories to the company ceded as aforesaid, impose new and unprecedented burthens upon the people; augmenting, in a proportion of nearly onehalf, the revenues from them before collected, and employing, in the collection of those revenues, in extorting from the husbandmen the very means of existence, those troops, those British regiments, which, with his wonted insincerity, he had introduced under the specious guise of a desire to defend the country against its external enemies, and to relieve the people from internal oppression. That, having by means of these his extortions, and other acts of oppression and of tyranny, excited the resistance of certain amongst the zemindars and rajahs before described, the said marquis Wellesley did, by the means of, and in concert with his brother aforesaid, cause the mansions and retreats of the said rajahs to be surrounded, attacked, and plundered, and the said rajahs, their faithful adherents, their relations, vassals, and servants, to be barbarously slain; thus finishing in violence and murder that which in fraud and perfidy he had begun: and that, in order to stifle the groans of complaint, to extinguish all hope of redress, and his fraudulently acquired and tyrannical power the more securely to preserve and to exercise, he the said marquis Wellesley, as well by himself as by his brother aforesaid, did declare, and unto the princes and people of India did, through the means of such declaration, proclaim, that no change of administration in Britain could stay the course of his proceedings as aforesaid; falsely and audaciously thereunto adding, that the said course, a course of fraudulent pretences, of pecuniary extortion, of political encroachment, and of territorial invasion and usurpation, had already received the approbation of his sovereign, of parliament, and of the company."—That in all and singular the above recited acts and proceedings, the said Richard Colley marquis Wellesley has been wholly unmindful of the solemn engagements of duty to the said East-India Company, to his sovereign, and to his country by him entered into; has daringly contemned the parliament, the king, and the laws, and dishonoured the British
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nation and name; and has therein been guilty of high offences, crimes, and misdemeanours."
After the charge had been read, Mr Paull observed, that a more important business than this had never come before the house. He moved, that the said article should lie on the table, and be printed. Lord Archi-bald Hamilton seconded the motion.
Sir Arthur Wellesleydid not oppose the printing of the charge; but wished to know at what time the hon. gent. intended to proceed upon it.
Mr. Whitshed Keeneobserved, that he was glad that the charge had been brought forward, but at the same time he must state that many gentlemen talked of the princes of India as they did of the king of Sardinia, or any other European princes, whose territories were guaranteed in order to preserve the balance of Europe. Such a thing as a balance of power was not known in India, therefore the cases were different. There was no power in India but the power of the sword. The chief who could procure the command of troops and money, and was of a bold and enterprising disposition, always had the superiority till he was superseded by a stronger than himself. The changes of governments, or of sovereigns there, were not to be regarded with the same feelings as we did such things when they happened in Europe.
Mr. Franciscould not sit silent on the present occasion, as some explanation was required of the very erroneous idea which the hon. gent. on the other side seemed to entertain of the mode of conduct which justice required should be adopted relative to the Indian princes. The hon. gent. seemed to assert that the Indian princes did not hold their possessions by the same tenure as the European sovereigns. He said that the only power in India was the power of the sword. This was indeed, he was afraid, but too true; there was no power in India but the power of the sword, and that was the British sword, and no other. These princes held their sovereign, ties in consequence of the dissolution of the Mogul empire ever since the year 1740. But whatever might be the original right of these princes, they had been acknowledged by us, as we had entered with them into contracts and treaties. To deprive them, therefore, of their territories was, in the first place, a violation of justice itself; and, in the next place, an infringement of

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the orders of this house; and therefore he hoped we should go to the discussion of this question with the conviction that the rights of the Indian princes were founded on justice and the authority of this house, as they had been acknowledged as independent by our treaties with them.
Mr. Secretary Foxobserved, that after what had fallen from his hon. friend, it was perfectly unnecessary for him to say a word more on the subject. If the hon. gent. opposite thought that the Indian princes were not entitled at one hands to the same justice as other independent sovereigns, he hoped that the number in this house who agreed with him were but small. There was no proposition more universal than this, that you acknowledged the right of a sovereign with whom you treated. It was true, when an ancient sovereign fell, and another came in his place, the feeling of regret for the fate of the sufferer might be more acute, and the indignation against the more recent sovereign more strong and general. Yet this must be confined to third persons; for those who treated with him must, by that act, be considered as having acknowledged his authority. But if ever there was one case where the breach of treaty ought to occasion more indignation than in another, it was where there was no power but the power of the sword especially in India, where, as had been stated, that sword was the British sword If ever there could be a case where a bread of treaty could be defended, it was only in support of the weak against the strong But in India the British ought to be bound by their compacts the more closely, the more it was in their power to break them This he hoped and believed would be the general sentiment of the house. He could not help saying thus much on the genera principle, without applying it at present in any way to the case before the house.
Mr. Bankes,in concurring in the sentiments that had fallen from the right hon gent. who spoke last, hoped that he should not be considered as giving any countenance to this mode of proceeding. He still maintained that the matter ought to be submitted to that board which had been appointed for the express purpose of investigating Indian affairs.—The charge was then ordered to be printed.
Mr. Paull,in answer to the question put by the hon. baronet, said he would proceed in the charge in three weeks at the farthest He would move on Friday for certain pa-
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pers relative to the expulsion of the Rajah of Shasnee.
Sir Arthur Wellesleythought the delay of three weeks too much after so many papers had been moved for, and a general notice given twelve months since. He took this opportunity of stating, that he knew no distinction of right with respect to the princes of India and the princes of Europe. In his defence of lord Wellesley, far from assuming such a distinction, he would shew that lord Wellesley had neither invaded a right nor violated a treaty.
Mr. Paullsaid, that the papers were voluminous, and that he himself, with all his exertion, could not be prepared to proceed upon the charge sooner than the time mentioned. It the hon. baronet would look into the precedents, he would find that three weeks was the shortest period: as to the papers, they were essential.
Mr. R. Thornton,as he had been particularly referred to concerning these papers, stated that they had not certainly come to the directors in the regular way in which they ought to have come. They had only come in the Bengal consultations. They were not so long, perhaps, as far as he could judge, as the Furruckabad papers. They certainly were very material, and applied to the present charge. As to making them the ground of a separate article, he did not think that desirable. He was sorry that they had not come to hand as they ought to have done, as by this means the directors were not in possession of some material information on the point to which they related.
Mr. Wellesley Polesaid, that the hon. gent. had stated no reason for putting off the consideration of the charge for three weeks.
The Speakersaid, that on that head the hon. gent. had a right to exercise his own discretion.
Mr. Paulladvised the hon. gent. to look at the precedents, and then he would find that three weeks was the shortest time that had been mentioned for entering into consideration of such charges.—The charge was accordingly ordered to be considered on that day three weeks.

PROPERTY DUTY BILL.
Lord Henry Pettymoved the third reading of the bill for imposing an additional Duty on Property.
Mr. Francisobserved, that he had some serious observations to make on one of the clauses which he before objected to in the

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committee, and wished to know whether this was the proper opportunity?
The Speakerinformed him, that if he intended to object to the principle of the bill altogether, this was the proper stage for doing so; but if his objections went only to a particular clause, he must wait till the new clauses were disposed of—After some little conversation, the hon. gent. acquiesced in this arrangement.
Mr. Vansittartproposed a clause for allowing the commissioners acting under the act, to take out certificates to exempt them from serving on juries or in parish offices.
Sir R. Buxton,wished to know the grounds on which the exemption was proposed.
Mr. Vansittartreplied, that it was meant as a relief to a set of gentlemen laboriously employed in the service of the public, without emolument.
Sir R. Buxtonsaid, that he had no other objection to the clause than a fear that, if that principle was introduced here, it might render magistrates, and others in similar circumstances, discontented for not having the same advantages.—The clause was then agreed to.
Mr. Vansittartthen proposed another clause for rendering complete the assessments of former years, in districts where they had not been made out.
Mr. Johnstoneasked if this clause would not have the effect of obliging some persons to pay at the rate of 16½per cent. within one year?
Mr. Vansittartreplied, that a provision was made for obliging no person to pay in any one quarter, more than two quarters of arrears. After this, the clause was agreed to.—He then proposed a third clause, providing, that the same commissioners and assessors who had acted under former bills, should also make out the assessments under this.
Mr. Johnstoneapprehended the effect of this clause might be to compel some persons in the course of a year and a half to pay 21 l. per cent.; and lamented that clauses of so much importance had not been proposed at an earlier time, when there would have been a better opportunity of discussing them.
Lord H. Pettyreplied, that on so comprehensive and voluminous a measure, a great variety of suggestions must have been expected, which had not been thought of at an earlier period. The effect of this clause, he said, would only be, that those who had before contrived to evade the tax,
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should not be allowed to continue always in arrears.—The clause was then added.
On coming to the clause which exempted from the duty any sums held by foreigners in the funds,
Mr. Francisrose and spoke as follows:— Sir, before I enter into the considerations, which I mean to submit to the house, respecting a very important clause in the present bill, I beg leave to state to you the circumstances, which have led me into this situation. It is painful to me, at all times, to differ from my right hon. friend (Mr. Fox), and still more to find myself compelled to maintain an opinion, which I know he will oppose. In fact, however, I have not provoked this question, nor was it possible for me to foresee that I should have to maintain it against my right hon. friend. Some time, I think, before the Property bill was in print, and when I knew little or nothing of its contents, a right hon. gent. (Mr. Rose), whose assiduous attendance in general on the business of the house, and particularly on subjects of this nature, is much to be commended, took some occasion, I forget what, to declare his opinion, that if the foreign property in our funds were not exempted from the Income tax, the owners would sell out, and transfer their capital to some other country. This was the proposition, which I resisted without reflection in the first instance, and that was the quarter it came from. Until the debate in the committee of the 12th of this month, I did never know what opinion my right hon. friend entertained on the subject. Then, indeed, I found myself between the hammer and the anvil; but that malleation has served only to harden me in my opinion. I state the facts; but I make no apology. The part I take, and my resolution to adhere to it, I hope will entitle me to this conclusion at least, that, if I am in an error, it is the serious error of my judgment, and that I think the object of considerable importance. I am not so thoughtless as to look for a dispute with such an opponent, on doubtful ground, or for a trivial object. All I desire of him, and I am sure he is too liberal to do otherwise, is to answer me as he understands me, and not to avail himself of any lapse of expression, in my hasty way of speaking, as long as he knows what I mean. He wants no advantage of that kind over me or any man.—For the convenience of the house, and still more for my own, I mean

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to consider the whole subject of the foreign property under three distinct heads. First, the policy of the exemption; secondly, the inconveniences and abuses, which are likely to attend it; and finally, the justice due to the parties concerned, and the good faith which ought to be preserved to them. I reserve that question for the last, because I think it the most material. A conclusion, fairly deduced from principles of justice, cannot have greater weight with my right hon. friend than it will have, and ought to have, with myself and with the house. I wish to have each of these heads of discussion considered distinctly, and on its own separate merits; that is, that arguments drawn from policy or abuse, shall not be answered by topics that belong strictly to the justice of the case, or vice versâ.—In considering the policy of the exemption, the first point to be settled is, the value of the object which is meant to be relinquished. If the amount were inconsiderable, or if the actual necessities of the country, compared with its resources, permitted us to be careless about little or immaterial savings, the question perhaps might not be worth arguing, nor should I have troubled the house about it. But do his majesty's ministers know, have they ascertained by sufficient enquiry, or by any probable calculation, what is the amount of the real and pretented foreign property in our funds, that is, of stock held under foreign names? Do they know the value of the concession they are going to make? what sort of persons are to have the benefit of it, and what the public will lose by it? The return from the tax-office, dated the 8th of this month, exhibits a capital of about 12 millions in different stocks. The duty on the income of this capital, including the long and short annuities, cannot be less than 50,000 l. a year; and we are told by the public officers who make the return, "that these accounts are coming in daily to a great amount!" Then, I ask, do we know what we are doing? Is the chancellor of the exchequer sure that, when the bill shall be once passed, the return of foreign stock, real or pretended, may not reach to double or treble its present amount? The temptations to fraud are obvious am powerful; and, as to the penalty, I shall only observe that government will have to inforce it, not upon awkward, clumsy delinquents, but on many of the most dexterous and experienced practitioners in concealments of this, kind. How the real
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and bonâ fide foreign property, supposing it right that such property should be exempted, can with any certainty be distinguished from the rest, will form, as I believe, a serious difficulty in the execution of the act, and ought to be seriously considered.—It is argued, or rather it is threatened, that, if we tax this income. foreigners will sell out, and carry their capital into some other country, and that this will be attended with a material depreciation in the market price of our funds. I, for one, do not believe it. Nor is any man entitled to threaten us with that consequence, until he has shewn, to what other fund these foreigners can transmit their property, and where else they can now place it, I will not say with security, but without manifest risk and the greatest danger. Is there a place left on the continent, subject to the power of France, or within reach of its influence, where the income of funded property will not be taxed? or indeed where the capital itself is safe from confiscation? In former times, when banks existed in some of the free states of Europe, where it was thought that private fortunes might be safely deposited, while there was a public bank at Genoa, at Venice, and above all, at Amsterdam, still the security of our funds was preferred by foreigners to all other. To this country they remitted their savings, and here many of them left their capital, not merely to improve or to producer, but to be safe. Where can they carry it now? Is there another kingdom or republic, or state of any kind left in Europe, to which a rational being would remove, or where he would deposit his fortune, if he had the choice? But, besides the real permanent proprietors, a great quantity of stock is held by other foreigners, who do not fall within that description. I speak of speculators and jobbers, who watch and understand, and avail themselves of the fluctuations in our funds, with as much skill as the Jews in Change Alley. This trade goes on at Amsterdam just as it does in London; or rather the parties correspond with, and understand one another at the expence of those whom it concerns. These are the people, into whose pockets you pay a great part of the produce of your sinking fund, for the pretended purpose of keeping up the price of the 3 per cents. All these foreign speculations are governed by the course of exchange between London and Amsterdam, by the state of our funds or by the proba-

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bilities of peace and war. Their profits whatever they may be, are always at the expence of this country. At the close the American war, they sold out with clear gain of 20 per cent. on the capital they had vested during the war. And do you think that speculations of this extent, and with such great objects in view, will be affected by a tax on the income? that dealers of this quality will be deterred from such lucrative dealings in capital by a tax of 10 per cent. on the interest? Are these speculations carried on for the sake of 3 per cent. annuity, and will they be abandoned, because this interest is reduced from; 60s. to 54s.? To such persons, sir, the difference of the interest is no object, compared with the speculation in the capital. On the policy of the exemption, another
material question arises. Who are the proprietors whom you intend to favour? In a political sense, what is their claim to it, or, in other words, where do they spend their fortunes, and the very income, which they receive from the heavy taxes laid upon our own people? My answer is, In France, in Flanders, or in Holland. The place makes no difference. All those countries, and many more, are in a direct subjection to Buonaparte. As far as the expenditure of this income goes, the taxes of England contribute to the support of the French government, and to assist Buonaparte with the means of an attempt, which, if it succeeded, would annihilate this species of property as well as all the rest. If an alien spends his income in England, you tax him. If he spends it in France, you grant him an exemption. I wish to hear, in some plain intelligible language, what the merit of such a person is, what his title is to so much favour, what rational claim he has to particular indulgence, from the circumstance of his contributing, as far as his expence and consumption go, to increase a hostile power already too formidable to this country. While he does so, you favour him. But if he were to change his residence, and spend his fortune in England, you would make him pay for doing that, for which in common sense you ought rather to reward him.—The abuses, to which this measure is liable, come next to be considered. I have spoken already of the difficulty of distinguishing the real from the pretented foreign property. Laws, made to prevent or punish fraud, suppose the fact, or they presume the intention. Do you mean to trust to the declarations
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of such persons? or how can you convict those declarations of falsehood? Will you examine the books of an alien merchant, who holds stock in the name of foreigners? There may be some difficulty, I do not doubt, in the operation of the fraud, and some danger in the attempt. So there is in every criminal act. Yet danger will be hazarded, and difficulties will be overcome, and penalties will be evaded, and lucrative frauds will be committed. Consider too, that the persons, most liable to this suspicion, must have been engaged in these practices already, and that they cannot make a true return now, without discovering that they had made a false one heretofore. On this part of the subject I can state a fact, very well known in the city of London, which, I believe, will startle the most determined friends of this exemption. While the French Revolution was depending, many natives of that country, on motives of prudence, or under the natural influence of terror, thought the best way to secure some portion of their property from the fangs of their domestic tyrants, was to remit it to England, as secretly as they could, in order to have it vested in our funds. As the transaction was dangerous in itself, all manner of precautions were taken to conceal it. The names of the real proprietors could not appear. Whatever stock was purchased on this account, stood in the names of their agents in London. Many of the right owners perished in the Revolution. Neither their children, if they left any, nor their lawful heirs, could prove their title. Even the proprietors themselves, it any of them survived and made their escape to England, were at the mercy of the persons, whom they had trusted. They had no proofs to produce, or none that would avail them in a court of justice. In many instances, as I am well assured, the parties, who purchased the stock, kept it for their own use, received the interest, returned the whole as foreign property, and evaded even the tax upon the income, while the real owners were cheated without remedy, and left to perish without mercy. Whatever the amount of stock obtained in this manner may be, the exemption you propose is not only an injury to the public, but a reward held out to the basest personal treachery.—I come now, sir, to the strict right of the claim, and to the principles of justice, by which it is supported. On this part of the question a great deal was said on a former

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occasion and, if the arguments I then heard had really altered, or even shaken my opinion, I should have yielded at once, as I always do, to that conviction. Can it be necessary for me to say, that I have no more interest in the event of this discussion than any other member of the community? His majesty's ministers indeed have an interest in it, and a duty too, which I thought I was contributing to assist. I could not foresee that, in endeavouring to inforce the due collection of this part of the public revenue, I should have them to contend with. But this is an æra of virtue, and justice must be done, without looking to the right or left, without regard to consequences, to policy, to abuse, to inconvenience, or to any loss of revenue. Justice and power are so rarely united in the same hand, that, in me at least, it would be particularly criminal to attempt to divide them, when they happen to act together. I submit to the principle. Let the fact, that is, the application of the principle to the case, be fairly tried. This is the question, on which we are at issue. In all money transactions, whether the recovery of a debt, or the exaction of a tax, the right to refuse payment must be founded either on a special contract, or on general principles of justice. Produce the contract, if it exists, by which an exception is made, and an exemption secured or promised to the property of aliens living out of the kingdom, and I shall desire no other answer. Whether the supposed concession in their favour was reasonable or not, whether it was just or unjust to other parties, I am not at all disposed to plead any general argument against a specific parliamentary engagement. I have looked for it diligently in all the acts for raising money by loan, and creating annuities, and I can find no such contract, nor any thing like it. The act of the first of queen Anne says, that no money lent on security of this act shall be rated or assessed by virtue of this act, or any other act of parliament whatsoever." Another act of the 4th of queen Anne says, "that the purchasers, their executors, administrators, and assigns, shall have good and sure estates and interests in the several annuities so by them to be purchased, and that the said annuities shall be free from all taxes, charges, and impositions whatsoever." Since that time, all the acts for granting annuities, expressly and uniformly say, that they shall be paid at the bank of England, without deduction.
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It is not for me to deny that these declarations constitute or amount to a contract, virtually and in terms, on the part of parliament. But who were the other contracting parties? Why, all the subscribers generally, or their representatives, who lent their money with this condition, and on the faith of parliament. I see no exception in favour of aliens. When foreigners purchase into our funds, they do it on the same terms, under the same conditions, and subject to all the contingencies, to which the original subscribers, and all those who inherited or purchased under them, were liable. If there be no breach of faith in taxing the annuities payable to natives, there can be none to foreigners. The laws say that such annuities, that such money lent, shall not be rated or assessed. They say nothing of the exempting annuities themselves, nothing personally about the proprietors. But, if you admit that it is a breach of faith to deduct 10 per cent. from that interest, which you promised to pay without deduction, then, I say, make no distinction. A general act of positive injustice may be defended by necessity, and, on that principle alone, may be endured with patience, as long as it is impartial. But, if you add partiality to injustice, if you employ your power to favour a few, while the many are oppressed, the consequence is that, so far forth, you abandon the plea of necessity, which is full as good against aliens as natives, and then that you have nothing to trust to, but direct and absolute power, to insure submission to arbitrary distinctions. So much for the obligation of a supposed contract. But perhaps some stronger arguments, in favour of the exemption, may be deduced from general principles of government, or from those of the English constitution. In the first place then, I ask, for what purpose are taxes levied on the people? For the support of government. But why should, government be supported? Because, in return for support, it gives protection. To whom and to what? Generally to persons, and principally property. Persons, in some cases, may protect themselves; in others, they may evade or escape. Mere property can do neither. Persons who do not live under our jurisdiction, do not want our protection, nor are they within the reach of it. But their property lives here, and ought to contribute to its own defence. If the owner, when he remitted his fortune to England, had followed it himself, I sup-

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pose you would hardly exempt him from taxation, because he was an alien. What sort of merit he derives from the circulation of his income in an enemy's country or what reasonable or equitable claim to exemption the residence of the proprietor abroad gives to his property here has not been stated. Who knows that many of those aliens, whose income is not to be diminished even for the security of the capital may not be employed in that very army, which we are told is destined to invade us? On this part of the subject, I have heard some general declamations, and loose inferences from ancient forms to present practice that is, from times when the case not only did not exist, but could not have been fore seen or thought of. As to sound reason or solid argument, I have heard none.— In the last resort, however, an appeal is made to a fundamental principle in the constitution, which is supposed to furnish a final and triumphant answer to all my objections on the score of policy, convenience, and abuse, and even to the obvious claims of equity, by which the natural relation between service and payment, between protection and contribution, are established and acknowledged. Undoubtedly the power that protects, may relinquish its right to a return of support, by positive concession, or by any other gratuitous or discretionary act of its own. No such specific act has been alledged. We must look to the constitution then, and see what sort of countenance it gives, what shelter it affords to the proposition, that foreign property in our funds ought not to be subject to the same duty with all the rest, because the proprietors are not represented in parliament. That principle, if it prevails, will include other objects, for which, I believe, no exemption is intended. The foreign merchant, who sends his goods or merchandise into England, for sale or security, is no more represented than the foreign owner of stock. But even these are inconsiderable objects, compared with the consequences, which must be admitted, if you reason right on your own premises. They who establish the principle, must let it take its course. In fair and honourable argument, they have no discretionary power to govern the conclusion by any rule external to the principle, or to limit the operation by arbitrary exceptions. This is not the first time that the general question between representation and taxation has been agitated in this
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country. In the general theory of this constitution, I am as ready as any man to maintain the affirmative; and for that reason I have at all times endeavoured to promote a reform in the construction of the house of commons, by extending the right of voting, as far as property could be found to support it. But, in the times I allude to, that abstract principle was very far from prevailing in this house, or generally in this kingdom; much less did it ever govern the practice of parliament. The strongest case that can be imagined, in support of the practice against the principle, or to prove the sense of parliament on the right, was that of America; because it hardly furnished a colourable pretence for affirming, that the people who were to be taxed were really, or virtually, or even by contact or sympathy, represented in the house of commons. Yet the right, even over America, was maintained by very great authorities. I remember the Stamp act, and I believe I have read every word that was written on the merits and effects of that measure. One of the great men of that period, I mean Mr. Grenville whose principles, I imagine, will not be quite discarded or discountenanced, as long as his name shall be preserved, would hear of no disqualification, much less of a limitation to the right of taxation in this legislature over every colony or dependence of the empire. My opinion certainly has never gone that length. I think that his powerful logic led him to an indefensible, as well as a dangerous result, in practice. But it led him fairly and in earnest to his conclusion. They, who think that he had nothing to say for his opinion, are very ill informed. To say merely that it was a debateable question, is not doing justice to the great abilities, which were universally engaged in discussing it. Never was there a question so debated as that was, both in and out of parliament. Another administration, professing different principles, succeeded Mr. Grenville; that of the marquis of Rockingham: and what was the first measure of that administration? The, declaratory act of 1766, by which the right of parliament to make laws to bind the colonies in all cases whatsoever, was asserted. At that time, no case was in question, but that of taxation. By a later act which passed in 1778, the exercise of the right was given up as to America; but the original right itself was not disclaimed or renounced. The legislature claimed it,

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not on the principle of representation; for how could it be seriously maintained that the Americans were, bonæ fide, represented in the house of commons? No. The ground they took, and the only tenable ground they could take, was, that protection and contribution were reciprocal; that America was protected, and therefore bound to contribute. Since I have had a seat in parliament, various schemes have been proposed for a reform in the election of members to represent the commonalty, and to serve in this house. Most of them a assumed it as a fact, and asserted it as a principle, that the people of this kingdom were not represented as they ought to be. After many attempts, recommended by the highest individual authorities, and the greatest personal abilities, had failed, a plan was formed, in 1792, to try what could be done by combination. For this purpose, no little pains were taken to institute a society, called " The Friends of the People," to extend the operations, and to promote the success of it. Many persons, now highly stationed in his majesty's councils and service, were the leaders of this association: my noble friend the lord high chancellor, my noble friend the first lord of the admiralty, my right hon. friends the present and preceding treasurer of the navy (Mr. Sheridan, Mr. Tierney), all of them privy-councillors; my learned friend (sir A. Pigott), his majesty's attorney-general; and, among many others, my noble friend the earl of Lauderdale, at whose house the original engagement was drawn, at whose table it was signed. It was my lot too, sir, to be one of the "Friends of the People;" at all times the least considerable, and now, I believe, the last of them. My right hon. friend was not a member of that society; but, I think, his subsequent conduct has proved that he concurred in our principles. The institution itself has gone into oblivion. A feeble memory is one of those human infirmities, which sometimes accompany the most exalted faculties. But I have no doubt that the principles still live in the hearts of my noble friends, though they are not aware of it, and that, some time or other, they will be resorted to again. From this society, a petition was presented to the house on the 6th of May 1793, and is recorded on our journals. Some persons, I presume, are yet in existence here, Who may remember how it was received. Among other allegations, the petitioners asserted,
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That the house of commons did not fully and fairly represent the people of England; that this hon. house is not an adequate representation of the people of England; and that if this hon. house should be pleased to determine that the people of England ought not to be fully represented, they prayed that such our determination should be made known." The plain amount of these declarations is, that the people are not represented, or very slightly and partially at the utmost, by the house of commons; and this must have been, more or less, the principle of every preceding project of reform, which proposed to increase the number of voters at elections. But I never heard that among those, who carried their opinion on this point as far as it would go, there was a single individual so absurd or so depraved as to contend, that he ought not to be taxed, because he was not represented. For that duty at least, he would have found the house of commons, as it stands, perfectly sufficient to impose the duty, and to compel obedience.—The only article, that remains to be considered, and with that I shall conclude, is the prudence of making this exception in favour of foreigners, in the present times and circumstances of the country. The chancellor of the exchequer has been obliged to abandon the first tax he has proposed on iron; and I suspect that the home brewery is very likely to share the same fate. The fact, I fear, is, that we are arrived at the final limit of taxation on consumption, or very near it. The multitude can pay no more, without crushing and confounding the gradations of society, when no distinction of rank or fortune will be left, but between the many and the few. I wish I could remember and repeat the eloquent language, with which this opinion, or the conclusion I would draw from it, was urged and enforced a few days ago, by my hon. friend (Mr. Whitbread), who closed the Impeachment of lord Melville. Speaking of the treasure of the navy, he said, what I say of all the public revenue, "that it has its fibrous root in the meal of every peasant; in the cloth of the coat he wears; in the implements, with which he earns his daily bread; in every article he consumes.' The actual burthen of the taxes is enough to drive the mass of the people to despair. If you do not wish and intend to drive them to madness, you will not aggravate their sufferings by this unjust exemption

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of strangers from contributing even to the protection of their own property. I therefore move you, sir, that the clause in the present bill, which provides "an exemption for the annuities, dividends, or shares belonging to aliens, not resident in Great Britain, or elsewhere within the dominions of his majesty," may be omitted.
Mr Secretary Foxsaid, he was convinced that his hon. friend was actuated by the best intentions, in proposing his present motion, though something like a tone of reproach seemed to run through his speech. It would be impossible for any man to believe, that his majesty's ministers were influenced by any peculiar tenderness for foreigners, in proposing to exempt their funded property from the tax. They could only be actuated by what appeared to them just and politic. The present measure, considered with regard to its policy, would have the effect of discouraging foreigners from vesting their property in the British funds, and of inducing them to withdraw it altogether, and therefore must be ultimately injurious to this country. Their motives for preferring the British funds were their superior security, together with the high rate of interest which they derived from them; but the hon. gent. seemed desirous of removing these motives at once. He had also given them the invidious name of speculators, and had observed, that during the American war they bought in when the funds were low, and had sold out at the conclusion of peace, to great advantage. But, every man who purchased an estate a view of rendering it more valuable, might equally be considered as a speculator; and he could not see how the conduct of foreigners, in this instance, should draw upon them the resentment of this country. Unless speculations of this kind were left unfettered, the whole funded system would be annihilated. One great advantage of that system was, that any man could invest his property without risk or delay, and could buy in or sell out whenever it suited his convenience. And as it was desirable that foreigners should purchase into our funds, he considered it as exceedingly impolitic to subject them to the tax. The hon. gent. had dwelt upon the frauds that would be practised, in vesting domestic property in the names of foreigners, and it was certainly possible that such frauds might take place; but it was to be observed, that the property tax had now existed for three years, and frauds
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had not been hitherto discovered. He could not help thinking, that there was little danger of the defalcation of the tax from fraudulent practices in that way. The British creditor must be aware of the consequences that might ensue from them. Suppose the foreigner, in whose name the property was fraudulently vested, to die, the property would descend to his heirs, and according to the laws of the country in which he resided. In regard to the justice of such a proceeding, he could not see how it was just in parliament to tax any but the property of its own subjects. As to the act of queen Anne, which the hon. gent. referred to, as exempting the funds from taxation, it must be confessed, that the present tax might perhaps be justly considered as a tax on the funds, and as only to be justified from the necessity of the times. But the tax in itself was properly a tax on every species of property; and were the property of foreigners in the funds to be now taxed, it might justly be considered, in that case, as a tax on the funds, since parliament could not pretend to tax the property of foreigners. It had been represented as provoking, that foreigners should be exempted from the tax; but would they not, by being deterred from purchasing in our funds, be enabled to give the hostile governments, under which they lived, more active assistance, by lending them their money, than we could derive benefit from extending the tax to them? Such governments also, as far as he knew, might have a property tax, and thus the property of such foreigners might be doubly rated. In truth, the hostile foreigner, were he subject to this tax, might justly complain, that we took a part of his property in order to deprive him of the whole. As to what the hon. gent. had said on the subject of representation, no one who had said that the representation of the country was inadequate, except perhaps a few eccentric men, had denied that the people owed obedience to that house as their representatives. The very phrase "inadequate representatation" proved, that the friends of reform conceived, that the people were represented, that the virtual representation, indeed, was not complete, and that it ought to approach more to what was real. Every person with whom he had been connected, disclaimed the idea of universal suffrage; but he did not know on what the constitution of the country depended, if the people were not considered as virtually represented in parliament. It

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was because America was neither virtually nor really represented in parliament, and that the Americans had no complete, communion of interests with this country, that our right to tax America was denied; and it was on precisely the same grounds, that he now objected to taxing the property of foreigners in our funds. Would it be consistent with the constitution of parliament to say, we give and grant the property of foreigners, in addition to that of those we represent? And how could his majesty be represented as thanking his good subjects for their benevolence, as was done in giving, the royal assent to tax bills, while he would at the same time be thanking the subjects of France, or of foreign powers subject to her influence? The very tenour of the royal acceptance would render the imposition of tax on the property of foreigners absurd. The commons could only give and grant what was their own, and not that which belonged to others, who had, perhaps, a perfect opposition of interests. With regard to the hon. gentleman's peroration on the case of the poor, no one could doubt that they were entitled to every relief in the power of parliament to give; but recourse ought not therefore to be had to a measure radically unjust. The case of foreigners residing in this country was totally different: they enjoyed the protection of government, and of the laws, and, therefore, were bound to contribute to the support of that government, and of those laws. On the whole, he thought that this proposed extension would be a complete departure from that system that had been followed since the Property Tax had been introduced; and concluded with observing, that the hon. gentleman's arguments had not produced the slightest conviction on his mind.
The Speakerthen begged to state to the house, whether the motion, in the present stage of the bill, could at all be entertained by the house. It went to take away the exemption granted to foreigners, and thus tended to a material increase of the produce of the tax. But, agreeably to the established usages of the house, no measure of this kind could be proposed, except in a committee. When the bill, therefore, had already been read a third time, he submitted to the house, whether the present motion was not irregular.
Mr. Bankeswished the discussion to continue, though his hon. friend had perhaps unadvisedly postponed his motion, as it was a question in which the country
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at large would feel materially interested. He said, it was his intention to have delivered his sentiments on this measure. He had examined the bill minutely, and he did not find a single sound or solid principle in it.
Lord Henry Pettyspoke to order. After the very clear statement on the subject, which they had heard from the chair, he did not think it correct to go into any farther discussion at present. The only mode he could see for gentlemen to attain their object, and have the matter fully considered, was, for some member to give notice, that he would, on a future day, move, that the house should resolve itself into a committee, to consider of the propriety of subjecting foreign property to this tax.—After a few words from Mr. Francis, the motion then fell to the ground.—On the motion of Mr. Vansittart, clauses were brought up to exempt stock, or dividends, the property of his majesty, in whatever name they may stand; and also stock the property of accredited ministers from foreign states, when duly authenticated.—On the question that the bill do pass,
Sir R. Burtonsaid, that he could not omit that last opportunity of entering his decided protest against the bill, inasmuch as it charged the landed interest with what he thought equivalent to 13 per cent., and the funds with 10 per cent.; while on professional men, it operated only as a voluntary tax. The hon. gent. opposite (Mr. Vansittart) had argued the measure as if it was a land-tax; if so, he should have liked to have the bill made annual, as the land-tax always was.
Mr. Vansittartcould not see the utility of its being merely an annual bill. Besides, it would be always subject to the revision of parliament.
Mr. W. Smithsaid, that, looking upon the bill as unjust in most of its provisions, nothing should ever reconcile him to it. He had, very lately, received a letter, from a family whose small annuity would expire in 18O8, that is, in little more than a year and a half, and yet they would be compelled to pay as much, in proportion, as the man who had a permanent income, arising from landed or funded property.
Mr. Hudlestoneagreed with every syllable that had fallen from his hon. friend; and contended, that it would oblige the man who derived a small income from the funds, to sell his capital, and, ultimately, drive him to the workhouse. He was sorry

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the noble lord had departed from the two principles with which he had set out, namely, that the tax should not interfere with the necessaries of life, nor apply to income under 50 l. per annum. But, as the bill now stood, the tax would apply to all property in the funds, of whatever amount. He had ascertained the number of persons holding property in the funds under 50 l. a year, to be 220,000, who, he was afraid, would be compelled to sell out their stock, and live upon their capital. He was ashamed to ask, whether, in justice, they ought to levy the same proportion of duty on 20 l. a year, as on 20,000 l.? For his own part, he would cheerfully submit to a larger proportion of duty upon the class to which he belonged, provided it should be the means of exempting the lower classes.
Lord De Blaquieredeprecated the conduct of those gentlemen who, just at the moment the bill was about to take its departure from the house, were so anxious to give it a death-blow. Such conduct was the more to be condemned, as it could not be supposed to operate against the adoption of the bill, and could serve only, as it were, to send out the measure to the world with a canister tied to its tail.
Mr. Vansittartcontradicted the assertion, that his noble friend (Petty) had departed from the principles he had stated upon his first proposition of this bill, in any other instance than that in which he had acceded to some deductions, which were deemed necessary to satisfy the claims of justice and humanity. The right hon. gent. argued against the notion, that if the scale of taxation were agreed to, which some gentlemen recommended, namely, the removal of it altogether, from the poor, and the consequent advance upon the rich; if that scale were adopted, he was satisfied that the burthen upon the richer classes Would be much greater, in proportion, than the relief to be afforded to the poorer. He would, indeed, ask the house, in answer to all that had been said, within and without, upon the subject, whether it was possible to devise a tax, which it would be practicable to collect, and which would be productive to the state, without being imposed upon the different classes of the community?
Mr. A. Wrightexpressed his hope that, if a man who had a small interest from the funds, should, notwithstanding, be obliged to resort to parish relief, he should, not be still liable to this tax —The bill was read a third time and passed.

SALARIES TO COMMISSIONERS OF ACCOUNTS.
The house having resolved itself into a committee of the whole house, to whom it was referred to consider of granting salaries to such persons as should be appointed commissioners to carry into execution any act of this session of parliament for the examination of the accounts of the expenditure of the public money in the West Indies, and to their secretaries, officers, and clerks, and of defraying the incidental expences attending the same; upon the motion of Mr. Vansittart, it was agreed, "That there be issued and paid, out of the consolidated fund of Great Britain, an annual salary, not exceeding 1500 l. to the commissioner who shall be first named to carry into execution any act of this session for the examination of the accounts of the expenditure of the public money in the West Indies; and to each of the other commissioners an annual salary not exceeding 1000 l.;and when any of the said commissioners shall be sent abroad, he shall be allowed such additional salary as the lords commissioners of the treasury shall think proper, not exceeding 500 l.; and that the said lords commissioners be authorised to allow, out of the said consolidated fund, such salaries to the secretaries, officers, and clerks, to the said commissioners, as they shall think proper; and also reasonable sums of money for the incidental charges of the said commissioners."