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These proceedings naturally called for some inquiry. On the 28th of February, 1785, Mr. Fox made the following motion in the House of Commons, after moving that the clauses of the act should be read: "That the proper officer do lay before this House copies or extracts of all letters and orders of the Court of Directors of the United East India Company, in pursuance of the injunctions contained in the 37th and 38th clauses of the said act"; and the question being put, it passed in the negative by a very great majority.

The last speech in the debate was the following; which is given to the public, not as being more worthy of its attention than others, (some of which were of consummate ability,) but as entering more into the detail of the subject.

TH

SPEECH.

HE times we live in, Mr. Speaker, have been distinguished by extraordinary events. Habituated, however, as we are, to uncommon combinations of men and of affairs, I believe nobody recollects anything more surprising than the spectacle of this day. The right honorable gentleman whose conduct is now in question formerly stood forth in this House, the prosecutor of the worthy baronet † who spoke after him. He charged him with several grievous acts of malversation in office, with abuses of a public trust of a great and heinous nature. In less than two years we see the situation of the parties reversed; and a singular revolution puts the worthy baronet in a fair way of returning the prosecution in a recriminatory bill of pains and penalties, grounded on a breach of public trust relative to the government of the very same part of India. If he should undertake a bill of that kind, he will find no difficulty in conducting it with a degree of skill and vigor fully equal to all that have been exerted against him.

But the change of relation between these two gentlemen is not so striking as the total difference of their deportment under the same unhappy circumstances. Whatever the merits of the worthy baro

* Right Honorable Henry Dundas.

↑ Sir Thomas Rumbold, late Governor of Madras.

net's defence might have been, he did not shrink from the charge. He met it with manliness of spirit and decency of behavior. What would have been thought of him, if he had held the present language of his old accuser? When articles were exhibited against him by that right honorable gentleman, he did not think proper to tell the House that we ought to institute no inquiry, to inspect no paper, to examine no witness. He did not tell us (what at that time he might have told us with some show of reason) that our concerns in India were matters of delicacy, that to divulge anything relative to them would be mischievous to the state. He did not tell us that those who would inquire into his proceedings were disposed to dismember the empire. He had not the presumption to say, that, for his part, having obtained, in his Indian presidency, the ultimate object of his ambition, his honor was concerned in executing with integrity the trust which had been legally committed to his charge: that others, not having been so fortunate, could not be so disinterested; and therefore their accusations could spring from no other source than faction, and envy to his fortune.

Had he been frontless enough to hold such vain, vaporing language in the face of a grave, a detailed, a specified matter of accusation, whilst he violently resisted everything which could bring the merits of his cause to the test, had he been wild enough to anticipate the absurdities of this day,- that is, had he inferred, as his late accuser has thought proper to do, that he could not have been guilty of malversation in office, for this sole and curious reason, that he had been in office, had he argued the impossibility of his abusing his power on this sole principle, that

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he had power to abuse, he would have left but one impression on the mind of every man who heard him, and who believed him in his senses: that in the utmost extent he was guilty of the charge.

But, Sir, leaving these two gentlemen to alternate as criminal and accuser upon what principles they think expedient, it is for us to consider whether the Chancellor of the Exchequer and the Treasurer of the Navy, acting as a Board of Control, are justified by law or policy in suspending the legal arrangements made by the Court of Directors, in order to transfer the public revenues to the private emolument of certain servants of the East India Company, without the inquiry into the origin and justice of their claims prescribed by an act of Parliament.

It is not contended that the act of Parliament did not expressly ordain an inquiry. It is not asserted that this inquiry was not, with equal precision of terms, specially committed, under particular regulations, to the Court of Directors. I conceive, therefore, the Board of Control had no right whatsoever to intermeddle in that business. There is nothing certain in the principles of jurisprudence, if this be not undeniably true, that when a special authority is given to any persons by name to do some particular act, that no others, by virtue of general powers, can obtain a legal title to intrude themselves into that trust, and to exercise those special functions in their place. I therefore consider the intermeddling of ministers in this affair as a downright usurpation. But if the strained construction by which they have forced themselves into a suspicious office (which every man delicate with regard to character would rather have sought constructions to avoid) were perfectly sound and

perfectly legal, of this I am certain, that they cannot be justified in declining the inquiry which had been prescribed to the Court of Directors. If the Board of Control did lawfully possess the right of executing the special trust given to that court, they must take it as they found it, subject to the very same regulations which bound the Court of Directors. It will be allowed that the Court of Directors had no authority to dispense with either the substance or the mode of inquiry prescribed by the act of Parliament. If they had not, where in the act did the Board of Control acquire that capacity? Indeed, it was impossible they should acquire it. What must we think of the fabric and texture of an act of Parliament which should find it necessary to prescribe a strict inquisition, that should descend into minute regulations for the conduct of that inquisition, that should commit this trust to a particular description of men, and in the very same breath should enable another body, at their own pleasure, to supersede all the provisions the legislature had made, and to defeat the whole purpose, end, and object of the law? This cannot be supposed even of an act of Parliament conceived by the ministers themselves, and brought forth during the delirium of the last session.

My honorable friend has told you in the speech which introduced his motion, that fortunately this question is not a great deal involved in the labyrinths of Indian detail. Certainly not. But if it were, I beg leave to assure you that there is nothing in the Indian detail which is more difficult than in the detail of any other business. I admit, because I have some experience of the fact, that for the interior regulation of India a minute knowledge of India

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