Star.
London, England, 1808-02-23 00:00:00

L.
~.. 4 to form a judgment upon the facts to which
hholl'elerci. ted ; and though he was pretty generally ac-
ri•: el he had not met with three Gentlemen who
11""--tesd dwin. The course, therefore, which he
recommend was, thiiethey should be referred
,rnminittee. He did not care how that Com-
°4ll
1.r0.0 formed. He had no objection that the
ridbro hers of the Noble Marquis should he Menn
of ,and It should be appointed exclusively by
lits
ITOnourable Gentlemen on the Treasury Bench.
lie itatters note goo, the House could not enter into
question, because he was connected
41.6icession of the
a variety of others Which required a detailed 4i-
ioption. The question before the House. was the
b
y•of the treaty y which the Nabob of .Dude'
cisdithroned and
stript of his territory. But this
not a solitary instance of
.this species of policy.
/Is
*tad concluded many treaties of the same kind,
each was referred to m his in structions to his agents
A model for the other. If, for example, they were
:take the whole of the territory of independent'
?Tinos, he referred them to. the Caruatic treaty as
ideis model, and if they were obliged to be satisfied'
‘sith only a part, they were to model themselves upon
eNaizan ease. They eould not, therefore, decide
...an one treaty without also taking into considera-
the model upon which it was formed. The jus-
tification of some of Ahem was .the perfidy of the
prince who was dethroned, but would it be contended,
that all the Princes who had fallen the victims of his
e were equally perfidious ? And if a general
as, was taken of the whole policy of his admini-
v;nsoth ishat light, he' would ask, was there to guide
thomse
,in forming its decision ? Mr. Creevey
w,tea the opinion of the Court of Directors, as it
q a
vas se/pressed inprinted dispatch that had been
which that Court, while it exp
i resses a
üblished, in
lgh consideration for the talents of Lord Wellesley,
condemns in the most pointed terrns, the he ioneral ten
laws; or
of his administration, as contrary
to t existing
0 an open defiance of the authority of the Directors,
and as an attempt, on his part, to convert the Go-
eirnment Of India into a simple despotism. In the
tame dispatch the profusion of his expenditure is cen-
/wed, and the whole of his conduct to foreign powers
'incubated, as a departure from those principles of
'indention by which they were desirous that the Go-
wrnor-General should be actuated.
Here the Chancellor one he Exchequer called Mr.
Clayey to order, upon t ground that at the open-
ing of a proceeding, instead of arguing upon matters
of fact, he was bringing forward the opinions of those
who were to be considered in the light of accusers.
Dr. I.A.WRENCE on the other side contended,
that his Honourable Friend .vas completely in order,
becaose in stating his objections to the proceeding, it
s•as certainly competent for him to mention the
gmunds of these objections; and his reasons for
thinking tlet a different sourc€ should be adopted.
'The Chancellor of the Exchequer asserted, that it
US irregular to refer to opinions which were not be-
fon the House.
The Speaker said that it was unqnestionably com-
petent fur the Honourable Gentleman to state any
rounds of objection to the proceeding which had been
moved for. But he wished to know whether the Dis-
patch which the Honourable Gentleman was quoting,
was among the Papers that had been moved for, and
which the House had determined should not be pro-
duced ? If this was the case, he did not think the Ho-
nourable Gentleman regular in referring to it.
Mr. WHITBREAD said, that it had been moved
UT and tefused by a former Parliament, but not by

the present.
The Speaker then gave it as his opinion, that the
Honourable Gentleman ought to be permitted to refer
to it as a matter of public notoriety.
Lord FOLKSTONE considered it as a very
grange position, that his Honourable Friend should
be debarred from giving a reason in support of his
opinion, merely because that reason had appeared in

Mr. CREEVEY proceeded to read another part
of the dispatch, in which the system adopted.by the
Marquis Wellesley, for extending the territory an
t in-
creasing the revenuesof the Company, was reprobaed
as unjust, illegal, and impolitic. He contended, that
u would be extremely rash for the House, in the face
of an opinion sa decidedly pronounced by those who
were the best judges of the subject, and with an una-
nimity almost unparalleled (this dispatch having been
signed by twenty4hree out of twenty-four Directors)
tb come to a decision with their present inadequate
means of information, directly the reverse of this opi-
nion, which would be the effect of a resolution of ac-
quittal, passed in favour of Lord Wellesley. It ought
to be considered too, that the very circumstance of
the Marquis Cornwallis having been sent out to su-
persede Marquis Wellesley, then in the prime of life,
in the Government of India, was a proof that a disap-
probation of his conduct was not cottfineki to the
Court of Directors, but that Government likewise
participated in it. It had been said, that any farther
delay would be extremely hard towards Lord Wel-
inky. He admitted that it was hard upon Lord
Wellesley. But was there not a .third party which
likewise merited some consideration ? Would it 'not
lse hard on the East India Company to be defrauded
of their possessions, in consequence of his maladmi-
nistration ? or would it not be hard upon the coun-
trY if, in consequence of his measures, its Indian do.
manor-; should be severed from it for ever ?
What
he wished was, that this question should be examined
as all other Indian questions had been examined.—
For if the Noble Marquis had during his administra-
aim, furnished more materials for discussion than any
other Governor, it would scarcely be maintained, that,
on that account, a decision shouldbe more speedily adop-
ted. He thought that one-of two expedients should
• be recurred to, either that the House ought to follow'
the same course that had been pursued in 1772
and 1782, and that a Committee ought in: he first
place to be appointed tom ke a complete revision of
the affairs a India, or tif Lord Welleslefs con-
duct was to be disci:ussed separately, that the evidence
before them should be previously arranged by a Select
Conunittee,so atto render it intelligible, which it was
not in its present form. Were Parliament to come to
a decision upon the conduct of that Noble person by
this night's vote, be asserted that tlry would commit
an act of injustice to the Noble Marquis, and that it
‘7041d. be wanting la its dutF both to itself and to
the country ; and in proposing some farther delay, be
fully expected the support of those Gentlemen
wbwho
had not made themselves masters of the papers, o,
he wasconvinced,formed a large majority of the House.

MINIIIINIMINIIIIIII.1.1111.11111111"m--
•
•,• -• t - •
Sir JOHN ANtigriturnEß, called tie attent4 geedinga Witt& hid been instituted by any ineceding,
ofthe House to the prenit state of the proceedings. Pailiainent.' And when the 'P'LI-iod alluring which
.tlfe
Three Parliaments ago a charge had been brought praent signs had been pending was coereal;
against Marquis Welle'siey, 'by an Honourable Gen- it certainly-did not afford any reason for 'such a corn-
tleman who was no longer a Member of that House ; plaint, when it was coMpared with. the time
that Was
ill the evidenceriecessary for supporting the charge, Oeciipied with the proiecution either of-hfr. Hastings
had beeremoved for and granted • an ingory had been or Lord Clive. Bat i!esti supposing that there hest
drill, ertged by the friends of the 'Noble Marquis--the been more delay than was necessary, this Was nu rea-
eharge • originally brought forward had been abaft. son Why the House ought to pass a premature and
doned—but upon the papers that had been produced, .precipitateatecision. it be said, to be su that
other accusations had been founded by a Noble*Lord, Members 'might havecarried the papers to there,count
and this night had been fixed for the House to pro- with them diring the recess ; but since Parliament
'pounce upon the justice or injustice of these accuse.- met there had been sitc'h a press of other busines as
tions. Nothing had been said of any deficiency of completely to occupy their time. But even ifs.h
evidence, or any confusion of papers till_ about ten were chargeable with remissness, that was no reason
days ago. He contended that the delay now proposed. why they now pass a judgment for Which they were
was neither more nor less than an attempt to arrest the totally unprepared. In such circninstances an ac-
course of justice, in as far as the Marquis 'Wellesley was quittal would be no acquittal, and Condemnation
concerned, for the purpose of entering into .a detailed would be no more than condemnation. He had made
Oxamination of the affairs of India, and to blend two himself so far master of the subject as to have fornied
subjects which were totally differentland distinct.— an opinion very unfavourable certainly to many parts
The dispatch which had been read, ought to have no 'of the Noble hlarqu Administration, but what he
more weight with the House than the opinion of 24 wished was, that some farther delay should be granted
printers, and it would have been Only fair in the Ho- to those who had not made themselves masters of the
nourable Gentleman when he read hi() the House, to subject.' He concluded with deprecating a hasty de-
have read also the answer to it which was made by .cision upon a question in Which the national character
the Board of Controul, whose opinion he thought was was most deeply involved: Were the House by a
fully as valuable upon such a question amenat of the vote this evening to give its sanctien to all the flagis
;Court of Directors. Upon the general its of the 'titans outrages which had been committed in India
=Marquis Wellesley's Administration, he should be I against the rights of independent Princes, in violation
ready to meet either the Honourable Gentleman, or I of all the principles of justice, houour, and good faith,
'any other person, when they came to be discussed. I he was afraid that, in the estimation of the world,
„Eke present that question was not before the House, \ this country would stand chargeable with many of
I And after the delay which had already taken place, he , those crimes which we had reprobated so much in
'thought the House could not consent to postpone 1 others, but of which we had in several recent in-
their decision uponthe particular and personal charges, '' stances, he was afraid, been too successful imitators.
\
,without committing an act of gross injustice to the 1 Mr. BRAGGE BATHURST said, that if the
,noble and distinguished individual whose character House was unprepared to decide upon the question
was implicated in them. how, this want of preparation might be a good reason
Mr. ROBERT THORNTON professed his de- for adjourning the debuts: to some future day, but it
tided disapprobation most highly of many of the po- did nut appear to him fhat it flirnished ground for
'litical measures of the Noble Marquis, at ahe same instituting a new proceeding. In proposing to appoint
time he wished that the. House -should decide upon i a Select Committee, one of two objects mast b: in view,
\
the charges that had been brought against'him with 1 either that this Committee should. merely form an
dispatch as well as with boldness. For this reason index to the papers, or that it should enter into an in-
he was against the appointment of a Committee,' be- vestigation of the whole affairs of India, and report
cause that mode of proceeding would tend to post- thereupon to the House. But, in either case, what
pone a decision which had already been too long de- security had they that those Gentlemen aVho had not
wed. He animadverted with severity upon the back- read the papers in their presen wo,ll read
wardness which had betel shewn lay some Gentlemen them after they were arranged, t
estate, at they would
at a certain period, to prosecute the charges which read the. report, which would probably be still more
they had pledged themselves to institute, and alluded voluminous than the papers ?
particularly to the coqduct of Mr. Sheridan, in de- Sir THOMAS TURTON exhorted the House not
dining, while in the last administration, to bring to hurry a proceeding of suck importance. This was
forward the Carriatic question, because he found that not a case in which a private person alone was iater-
it would not be agreeable to some of his colleagues. ested. It affected the rights of a .whole people, who
' His wish was, that the character of Lord Wellesley had no tribunal but this house to whom to apply for
should be either cleared by vote of the House, or i justice. They had no friend but that house, and if
that the censure should be passed uplm him which his i it slighted the appeal now made it forfeited its own
conduct had merited. He denied that the Directors ! character and honour, 'and the Character and honour
of the East India Company appeared as the accusers lof the country. At all events he trusted it was not
of Lord Wellesley, but heo along with many of his ;meant to proceed to the consideration of the question
colleagues, had disapproved of many of his. measures, to night.
and it was necessary, in their own defence, that.they Sir SAMUEL ROMILLY admitted that justice to
should state the grounds of this disapprobatien. the N9ble Marquis. required that no unnecessary delay
Mr. S. LUSHINGTON contended, that the only' shquld take place.. Justice, however, could not be
mode of doing justice either to Lord Wellesley, to the I done to him, and, what was of still higher import.
\
injured natives of India, or to the character of the', ance to the national character, if the House came to
British nation, was to institute a general inquiry into 1 a premature decision. A great deal had been said of
all the measures of the Noble Marquis's. adminis- the number of Parliaments which had passed since the
tmtion.. papers were. laid on the table ; let .it, however, be
Mr. HALE said, that the impeachment which recollected, that there were many Members in
had on former instances occupied the Housesd
the House who hacl sat there for not more t
•han seven
Public for so many years, had reflected no great cre- months, not one of whom, of 'course, had heard a
dit.upon either. In the present instance, he should single word on the subject of these papers, which
oppose any farther delay. could enable them to form any idea as to the.' facts
Mr. S. IL LUSHINGTON also expressedhis bpi- which they were meant to substantiate ; and yet they
neon, that the House ought to come to an immediate were riow called on to give a decision on.evidence of
decision upon the question immediately concerning which they did not know the bearing. This was said
Lord Wellesley. - • .tobe a question personal to the Noble Lord, but still
Lord A. HAMILTON was not averse to a gene- it was no less a judicial question, and he had never
ral inquiry into the affairs of India ; but in as far as • yet heard of any proceeding by which a fair result of
\
Lord Wellesley was concerned, he aid not see what such a question could be obtained, unless those who
good would result from a Committee, for lie was were to judge of. it, were previously acquainted with
afraid that those Members, . who had not made them- the facts. charged, and the nature of the defence.—
\
selves masters of the papers in their present state, ' Was there a man in that House prepared.at the present
would not read them after they were arranged,by .a moment to say, that he was reedy to come to a right
Comm
. decision on the case ? He had, with great inconve-
Mr. CHARLES GRANT was of .opinion, that nience to himself, gone through a considerable part
the proposition for delay came too late. In reply to of these papers, and if. obliged to come to his decie
the illation made by an Honourable Baronet (Sir John sion this night, he must give it against the Noble
Anstruther) to the answer of the Board of Controul. 'Marquis, though he did not say, that in the mass of
to the dispatch of the Directors, which had been quo- 1 evidence before the House, there might not be evi-
test by Mr. Creevey, he said, that a rejoinder had been dence in the Noble Marquis's favour, of which he
made by the Directors told,
the answer of that Board, was at present ignorant. He was of (pinion, that to
and he hoped that the whole would be submitted to send the evidence to a Committee, to return a diges-
the consideration of the House. ' ted report of it to the House, would be. the only
Mr. WINDHAM rising.amld a loud cry for the means of arriving at substantial justice. None, he
, Qnestion, said, that he certainly should not be deter- was convinced, ought to desire this so anxiously as the
red from delivering his sentiments or. this Jaccasion by friends of the Marquis, and nothing could be more
any such cry, more•particularly as it was this impor- unsatisfactory than a premature decision.
timity for the question which he was desirous to com- Sir A. WELLESLEY, as he had said on a for-
bat, and which he hoped to he able to do with some- mar night, left it to the House to decide how the busi-
what better argument than mere clamour. He con-. ness should be conducted. All he had to remark was,
fessed however, that he had little to say on the prel that, it was incumbent on thee; ustice Of this House,
sent occasion in addition to what he had stated on a. that they should come to a decion as early as possible.
. .
former evening. The question now before the House • Lord FOLKSTONE thought it quite possible to
was, whether it would come to a decision now upona &aide ate Oude Question without entering into the
subject of the greatest magnitude and importance, or general 'policy of Lord Wellesley's conduct in India,
defer their decision till they were competent to judge and therefore he had preferred proceeding in the way
\
of it ? If it was asked, why the House was not corn- , now proposed. 'He hoped, however, that it would not
potent to decide upon it now, he would leave it to be expected that he should proceed, at so late an hour
every Gentleman to give an answer for himself. He• of the night, to bring forward the business.
believed, that not one in twenty Members had read the Mr. H. SMITH deprecated going into the question
Papers ; and if this was the case, 'it was a sufficient to-night.
reply to all that had been said on the opposite side.— 1 Sir FRANCIS BURDETT' said, as a great por-
He •allowed that Marquis Wellesley was a man of , tion of the night had been spent one discussion which
high rank, of considerable talents, and that his con- in no wise related to the merits the question, he
duct had been arraigned ; but none of these circum- . hoped the Noble Lord (Folkston would withdraw
stances was sufficient to counterbalance the material i his motion, or accede to the Amendment which he
consideration of the incapacity of the tribunal in its I should propose, namely, instead of ~ now" to insert
present state of inforrnation, to pass a decision upon ' the words " Tuesday se'nniglit...
the charges which had been brought against him. I Mr. PERCEVAL thought it would .be sufficient
The accusations which had been lodged against him 1 that the question were postponed till to-morrow.
were what were incident to the lot of every.great man. I Lord FOLKSTONE acceded, and Sir F. Burdett
They were taxes which greatness and distinction had ' withdrew his Amendment.
to pay ; nor was tht Noble Marquis so destitute of 1 The gallery was then cleared, when the House di-
friends, or so run down in the world, that they bore 1 vided on the original motion, that the House do now
upon him with any peculiar degree of weight. On the take the said Papers into consideration.—Ayes '2l0—
contrary, if his conduct was arraigned, it ought-to be ' Noes 34--Majonty 1'76.
recollected, that it was in the nature of that conduct I The Debate was opened pro forma, while the gal.
to beget friends. •He denied that there had peen any - lery was shut, and waa then adjourned (as we under-
this stand by.. =sent of Sir A. Wellesley) till Tuesday
unnetessary delay. It was not fair in calculating
to count the number of Parliaments since the subject se'nnight.
was first introduced to notice, for the present Parlia. The other. Orden of the Day ware then disposed of,
merit was not supposed to be acquainted with the pro- and the House adjourned. • .

11.....^...--_

•S^;'E P.IPERS.

11%1,0(3 Masc.-ryas •av rain iatift r'icos 1-A
nom nougassiWitialmigrirr, runtil;Alilfs tegit+
•
bNriIT.D STATF.g. •
Dispatch from Lord Viscount Howick to the on.
H.
'Erskine, datedDowninpatrest,ath January, 1607.
SlR—Your dispatch No. 1, announcing }o
or
war,
arri-
val at. Annapolis on board The As on sloop of
wa's received here on the 6th of December, and, tc
gether with Mr. Merry's dispatches, which were re-
ceived at the same time, has been laid before the 4ing.
It is with great satisfaction that I inform you that
the treaty of Amity, Navigation, and Commerce, be
tween this country and the United States, teas signed
on the 81st Ultimo. by Lords Holland and Auckland
on the part of his Majesty. and by Messieurs Monroe
and Pinckney on the part of their Government.
Mr. Purviance, Secretary to-the American Lega-
tion here, who leaves London to-day, is the bearer of
the treaty for ratification. I have, the honour here-
with to transmit a copy
of this treaty for your infor-
mation, together with a copy of a note delivered pre-
vious to the signature, by the Lords Holland and Auc
land, relative fo the complaints of the Canada mer-
chants, on the subject of the estiniatioa of the dutie s
on the inland trade in certain parts of the United
States. These complaints, which were communica-
ted by Mr. Merryin the early part of last year, but
from various circumstances postponed for considera-
tion, certainly must not be lost sight of by his Majes-
ty's'Goverment, and every means will be taken to
obtain redress for the removal of the inconvenience
complained of.
I transmit to you also the copy of another note
presented by their Lordships to the American Com-
missioners previously to the. signature fa the trations andreaty,
on the subject of tile extraordinary • decl
orders of the French Government issued at Berlin on
the 16th November last. This note I must recom-
mend to your particular attention ; you • will state to
the American Government, that his Majesty relies
with confidence on their good sense and firmness in
resisting pretensions, which, if suffered to take effect,
must prove so destructive to the commerce of allneu-
tral nations..:
• His Majesty has learnt, that the measures announ-
ced in the decree have arready in some instances been
carried into execution by the privateers of the enemy,
and there could be no doubt that his Majesty would
have an indisputable right to exercise a just retalia-
tion. Neutral nations cannot indeed expect that the
*King should-suffer the commerce of his
bmit enemies to
to
•
be carried.on through them, whilst they su
the prohibition which France has decree d against the
commerce of his Majesty's subjects.
But though this right`of retaliation would unques-
tionably accrue to his jesty, yet his Majesty is un-
willing,- except in the last extremity, to have recourse
to measures which must prove so distressing to all
nations not engaged in the war against France.
.
• His Majesty, _with that forbearance and modera-
tion which have at all times distinguished his conduct,
has determined for the present to. cOnfin decided
e himself to
the exercise of the power given him by his
naval superiority, in such manner only as is autho-
rized by the acknowledged privileges of the law of
nations, and has issued an order for preventing all
commerce from port to port of his enemies, Conapre- ,
bending in this order, not only the ports of F
cerance,
but those of such nations as, either in allianwith
'France, or subject to her durninioNtave, by measures
of active offence, or by the exclusion of British ships,
Taken a part in the present war.
His Majesty feels an entire confidence, that the mo-
deration and justice of this conduct will be duly - •
ap-
preciated by the United States ; and you will
press to that Government, in the strongest terms,
The regret his Majesty has experienced in being thus
compelled, in kis own defence, to act in a manner
which must prove in some degree embarrassing to
the commerce of neutral nations ; and his /if • jesty's
sincere desire to avoid any stronger measures, to
which, however, if the injustice and aggression of his
enemies 'should not be resisted by those nations whose
rights and interests are invaded by so flagrant a vio.•
lawn of all public law, it may be ultimately neces-
sary for the King to have recourse.
I am, with great truth and regard, Sir, &
owlettc.
(Signed) H.

Honourable David Erskine.
No. 2.
Note from Lords Holland and Auckland to Messieurs Mon- •
roe and Pinckney.
The Undersigned, Henry Richard Vassal Lord
Holland and William Lord- Auckland, Plenipoten-
tiaries of his Britannic Majesty, have the honour to
inform James Monroe and Williamenc
Pikney, coin!
missioners extraordinary and plenipotntiaries of the
United States of America, that they are now ready
to proceed to the signature of the treaty of Amity,
Commerce, and Navigation, on the articles of which.
they have mutually agreed.
But at the same time they have it in command from
his Majesty to call the attention of the Commissioners
of the United States to some extraordinary proceed-
ings which have lately taken place on die Continent=
of-Europe, and to communicate to them officially the
sentiments of his Majesty's Government thereupon.
The proceedings alluded to, are certain
sued rations
and orders of the French Government, isßer-
lin on '2lst of November last/
In these orders the French Government seeks to
justify or palliate its own unjust pre
she nsions, by
ever
im-
puting to Great Britain, principles which
professed and practices which never existed.
His Majesty is accused of a systematic and general
disregard of the law of nations, recognized by civilized
states, and more particularly of anw unwarrantable
extension of the right of blockade ;whereas hiss
uni Ma-
-
jesty may confidently appeal to the world on hi
form respect for neutral rights, and his general and
scrupulous adherence to the law of nations, without
condescending to contrast his. conduct `nom ese parti-
culars with that eof his enemy ; and iVegard to
the only specific chage, it is notorious that he ,
ne-
ver declared any ports to be in a state of blockisis
without allotting to that object a force sufficiait co.
make the entrance into them manifestly dangerous. 1
By such aiegiions, turounded as are, the
enemy attempts to justify his pretensions confiscat-
ing as lawful priza all produce of English industry
or manufacture, though it be the property of neutrals;
of excluding from his harbours,emy neutral vessel!
which has touched at any port of his Majesty's domi
uions, thottzh employed in an innocent commerce 1
Crum vii r,