Substance of the .Speech ., .upon ->t?on for the Cor ' t of th< Bill . , . By Charles James Fox UNIVERSITY OF CALIFORNIA AT LOS ANGELES SUBSTANCE OF T H SPEECH OF Til* RIGHT HONOURABLE CHARLES JAMES FOX, .SUBSTANCE OF THE SPEECH OF THE RIGHT HONOURABLE CHARLES JAMES FOX, ON MONDAY, DECEMBER i, 1783, UPON A MOTION FOR THE COMMITMENT B FOR VESTIKO THE AFFAIRS OF THE EAST -INDIA COMPANY IN THE HANDS OF CERTAIN COMMISSIONERS, FOR THE BENEFIT OF THE PROPRIETORS, AND OF THE PUBLIC." LONDON: Printed for J. DEBRETT, (Succeflbr to Mr. ALMON) OppOfitC BURLJNGTON HOUSE, PICCADILLY. W.DCC.LXXXIII. T H S P E E C H, &c sin, 5 A H E necemty of my faying fomething upon the prefent occafion, is fo obvious to the Houfe, that no apology will, I hope, be expefted from me in troubling them even at fo late an hour, (two o'clock in the morning.) I mall not enter much into a detail, or minute defence of the par- ? ticulars of the bill before you, becaufe few parti- cular objections have been made. The oppofition .^ to it confifting only in general reafonings, of little B appli- application fome and fome totally diftant from the point in queftion. This bill has been combated through its pad flages upon various principles ; but to this mo- ment the Houfe has not heard it canvaffed upon its own intrinfic merits. The debate this night has turned chiefly upon two points violation of charter, and increaje of influence i and upon both thefe points I mail fay a few words. The honourable Gentleman, who opened the debate, (Mr. Powys) firft demands my attention, not indeed for the wifdom of the obfervations which fell from him this night, (acute and judi- cious though he is upon moft occafions) but from the natural weight of all fuch characters in this country, the aggravate of whom mould, in my opinion, always decide upon public meafures : but his ingenuity was never, in my opinion, exerted more ineffectually, upon more miftaken principles, and more inconfiftent with the com- mon tenour of his conduct, than in this debate. The t 3 3 The honourable Gentleman charges me with abandoning that caufe, which, he fays, in terms of flattery I had once fb fuccefsfully aflerted. I tell him, in reply, that if he were to fearch the hiftory of my life, he would find that the period of it, in which I ftruggled mod for the real fub- jftantial caufe of liberty, is this very moment that I am addrefling you. Freedom, according to my conception of it, confifts in the fafe and facred pofiefiion of a man's property, governed by laws defined and certain ; with many perfonal privi- leges, natural, civil, and religious, which he can- not furrender without ruin to himfelf; and of which to be deprived by any other power, is de- fpotifm. This bill, inftead of fubverting, is de- ftined to Habilitate thefe principles ; inftead of narrowing the bafis of freedom, it tends to en- large it ; inftead of fupprefiing, its objeft is to infufe and circulate the ijpirit of liberty. What is the mod odious fpecies of tyranny ? Precifely that which this bill is meant to annihi- late. That a handful of men, free themfelves, mould execute the moft bafe and abominable B 2 defpotifm t 4 ] defpotifm over millions of their fellow creatures; that innocence fhould be the victim of opprefiion; that induftry fhouid toil for rapine; that the harmlefs labourer fhould fweat, not for his own benefit, but for the luxury and rapacity of tyran- nic depredation. In a word, that thirty millions of men, gifted by Providence with the ordinary endowments of humanity, Ihould groan under 3 fyftem of defpotifm unmatched in all the hiflories f the world. What is the end of all government? Certainly the happinefs of the governed ~ Others may hold ether Opinions ; but this is mine, and I proclaim it. What are we to think of a government, whofe good fortune is fuppofed to Ipring from the cala- mities of its fubjecls, whofe aggrandiiement grows out of the miferies of mankind ? This is the kind of government exercifed under the Eaft- India Company upon the natives of Indoftan, and the fubverfion of that infamous government is the main object of the bill in cjueftion. But [ 5 ] But in the progrefs of accompliihng this end, it is objected that the charter of the Company fhould not be violated ; and upon this point, Sir, I (hall deliver my opinion without difguife. A charter is a truft to one or more pcrfons for fome given benefit. If this truft be abufed, if the be- nefit be not obtained, and that its failure arifes from palpable guilt, or (what in this cafe is full as bad) from palpable ignorance or mifmanage- ment, will any man gravely fay, that truft ihould not be refumed, and delivered to other hands, more efpecially in the cafe of the Eaft-India Com- pany, whofe manner of executing this truft, whofe laxity and langour produced, and tend to produce, confequences diametrically oppofite to the ends of confiding that truft, and of the infti- tution for which it was granted? I beg of gentle- men to be aware of the lengths to which their arguments upon the intangibility of this charter may be carried. Every fyllable virtually im- peaches the eftablimment by which we fit in this Houfe, in the enjoyment of this freedom, and of every other blefling of our government. Thefe kind of arguments are batteries againft the main pillar [ 6 J pillar of the Britifh conftitution. Some men are confident with their own private opinions, and difcover ihe inheritance of family maxims, when they queftion the principles of the Revolution ; but I have no fcruple in fubfcribing to the articles of that creed which produced it. Sovereigns arc facred, and reverence is due to every King : yet with all my attachments to the perfon of a firft magiftrate, had I lived in the reign of James the Second, I mould moil certainly have contri- buted my little aids, and borne part in thofe illuf- trious ftruggles which vindicated an empire from hereditary fcrvitude, and recorded this valuable doctrine, that truft abnjed was revocable. No man will tell me, that a trull to a company of merchants, (lands upon the folemn and fancYi* fied ground by which a truft is committed to a Monarch ; and I am at a lofs to reconcile the con- duel of men who approve that refumption of vio- lated truft, which refcued and re-eftablifhed our unparallelled and admirable conftitution with a thoufand valuable improvements and advantages at the Revolution, and who at this moment rife up the [ 7 J the champions of the Eaft India Company's char- ter, although the incapacity and incompetence of that company to a due and adequate difcharge of the truft depofited in them by that charter, are themes of ridicule and contempt to all the world ; and although in confequence of their mifmanage- menr, connivance, and imbecility, combined with the wickednefs of their fervants, the very name of an Englimman is detefted, even to a proverb, through all Afia j and the national character is become degraded and difhonoured. To refcue that name from odium, and redeem this character from difgrace, are fome of the objects of the pre- fcnt bill ; and gentlemen fliould indeed gravely weigh their oppofition to a meafure which, with a thoufand other points not lefs valuable, aims at the attainment of thefe objects. Having faid fo much upon the general matter of the bill, I muft beg leave to make a few obferva- tions upon the remarks of particular gentlemen. And firft of the learned gentleman over againft me (Mr. Dundas). The learned gentleman has made a long, and, as he always does, an able fpeech ; [ 8 ] fpeech; yet, tranflated into plain Englifh, and difrobed of the dextrous ambiguity in which it has been inveloped, what does it amount to ? To an eftabltthmenc of the principles upon which this bill is founded, and, an indirect confeffion of its necefiity. He allows the frangibility of charters when abfolute occafion requires it, and admits that the charter of the Company mould not prevent the adoption of a proper plan for the future go- vernment of India, if a proper plan can be atchieved upon no other terms. The firft of thefe admifiions feems agreeable to the civil maxims of the learned gentleman's life, fo far as a maxim can be traced in a political character, fo various and flexible And to deny the fecond of thefe conccrffions was impofiible, even for the learned gentleman, with a ftaring reafon * upon your table to confront him if he attempted it. The learned gentleman's bill, and the bill before you, are grounded upon the fame bottom, of abufe of truft, mal-adminiftration, debility and inca- pacity in the Company and their fervants; but * Mr. Dundas's Bill, brought in laft year. 4 the t 9 1 the difference in the remedy is this the learned gentleman's bill opens a door to an influence a hundred times more dangerous than any that can be imputed to this bill, and depofits in one man' an arbitrary po\yer over millions, not in England,' where the evil of his corrupt miniftry could not be felt, but in the Eaft Indies, the fcene of every mif- chief, fraud, and violence. The learned gentle- man's bill afforded the moft extenfive latitude for malverfation the bill before you guards againft it with all imaginable precaution. Every line in both the bills which I have had the honour to in- troduce, prcfumes the poffibility of bad admin- ftration, for every word breathes fufpicion. This bill fuppofes that men are but men ; it confides in no integrity, it trufts no -character; it inculcates the \vifdom of a jealoufy of power, and annexes refponfibility not only to every action, but even ro the inalifion of thofe who are to difpenfe it. The necefiity of thefe prbvifions mult be evi- dent, when it is known that the different misfor- tunes of the Company refulted not more from what the fervants did^ than from what the matters did not. C To [ IP ] To the probable effeds of the learned gentle- man's bU and this, I beg to call the attention of the Houfe. Allowing, for argument's fake, to the, Governor General of India, under the firft-named tnll, the moft unlimited and fuperior abilities, with foundnefs of heart and integrity the moft un*. queftionable i what good confequences could be reafonably expedled from his extraordinary, ex-. travagant, and unconftitutional power, under the tenure by which he held it ? Were his projects the moft enlarged, his fyftems the moft wife and excellent which human fkill could devife , what fair hope could be entertained of their eventual fuccefs, when perhaps before he could enter upon the execution of any meafure, he may be recalled in confequence of one of thofe changes in the ad- miniftrations of this country, which have been fo, frequent for a few years, and which fome good men wifh to fee every year ? Exactly the fame reafons which baniih all rational hope of benefit from an Indian adminiftration under the bill of the learned gentleman, juflify the duration of the pro-, pofed commiffion. If the difpenfers of the plan of governing India, (a place from which the anfwer f of t - ] of a letter cannot be expected in lefs than twelve months) have not greater inability in their fitua- tions, than a Britiih miniftry adieu to all hopes of rendering our Eaftern territories of any real advantage to this country, adieu to every expec- tation of purging or purifying the Indian fyftem, of reform, of improvement, of reviving confi- dence, of regulating the trade upon its proper prin- ciples, of reftoring tranquillity, of re-eftab- lifhing the natives in comfort, and of fecuring the perpetuity of thcfe bleffings, by the cordial reconcilement of the Indians with their for- mer tyrants upon fixed terms of amity, friend-* fhip, and fellowfhip. I will leave the Houfe and the kingdom to judge which is beft calculated to accompli (h thofe falutary ends ; the bill of the learned gentleman, which leaves all to the difcre* tlon of one man, or the bill before you which depends upon the duty of fevefal men, who are in a ftate of daily account to this Houfe, of hourly account to the Minifters of the Crown, of occafional account to the proprietors of Eaft India Stock, and who are allowed Efficient time C ? to to -pratftifc their plans, unaffected by every poR- tical fluctuation. But the learned gentleman wifhes the appoint- ment of an Indian Secretary of State in prefer- ence to thefe Commifiioners ; his partiality for iuch an inftitution I cannot guefs ; but that icheme Itrikes me as liable to a thoufand times more objections than the plan in agitation. Nay, the learned gentleman had rather, it fcems, the affairs of India were blended with the bufinefs of the office which I have the honour to hold. His good difpofition to- \vards me upon all occafions cannot be doubted, and his fincerity in this opinion is unquestionable. I beg the Houfe to attend to the reaibn which the learned gentleman gives for this preference, and to fee the plights to which men, even of his underftanding are reduced, who muft oppofe. He laughs at the refponfibility of the Commif- iioners. to this Houfe, who in his judgment will find means of foothing, and loftening, and meliorating the Members, into an oblivion of .their mal-adminiftratiog. . What opinion has the learned [ '3 ] learned gentleman of a Secretary of State ? Doe* he think "him fo inert, fo inactive, fo incapable a creature, that with all this vaunted patronage of the feven in his own hands, the fame means of foothing, and foftening, and meliorating arc thrown a\tay upon him. The learned gentleman has been for fome years converfant \vith Minifrers 3 but his experience has taught him, it feems, to con- fider Secretaries not only as -untainted and im- maculate, but innocent, harmlefs, and incapable. In his time Secretaries were all purity with every power of corruption in their hands, but fo inflex- ibly attached to rigid rectitude, that no temp- ptation could feduce them to ufe that power for the purpofe of corrupting, or, to ufe his -own \vords, for foothing, or foftening, or meliorating. The learned gentleman has formed his opinion of the fimplicity andinacYion of Secretaries, from that golden age of political probity, when his own friends were in power, and when himfelf was every thing but a miniiler. This erroneous hu- manity of opinion arifes in the learned gentle- man's unfufpefting, unfullied nature, as well as in a commerce with only the beft and purot jninifters ministers of this country, which has given him fo favourable an impreffion of a Secretary of State, that he thinks this patronage, fo dangerous in the hands of feren Commiflioners, perfectly fafe in his hands. I leave to the learned gentleman that pleafure which his mind muft feel under the con- viction with which he certainly gives this opinion ; but I fubmit to every man who hears me, what would be the probable comments of the other fide of the Houfe, had I propofed either the erec- tion of an Indian Secretary, or the annexation of the India bufinefs to the office which I hold. In the affemblage of the learned gentleman's objections, there is one ftill more curious than thofe I have mentioned. He diflikes this bill becaufe it eftablilhes an impermm in imperio. In the courfe of oppofition to this meafure, we hav been familiarized to hear certain fentiments and particular words in this Houfe but directed, in reality, to other places. Taking it therefore for granted, that the learned gentleman has not fo defpicable an idea of the good fenfc of the mem- bers, as to expei5l any more attention within theft malls [ '5 ] walls to fuch a dogma, than has bden (hewn to the favourite phrafe of his honourable friend near him, (Mr. W. Pitt) who calb a bill which bsuiks this finking company, with the credit of the ftate, a can- ffcation of their p-oper'ty t I would wifh to sfk the learned gentleman, if he really holds the uncier- ilanding, even of the multitude, in fuch contempt as to imagine this fpecies of argument can have the Tery flighteft effect? The multitude know the fallacy of it as well as the learned gentleman him- fclf. They know that a diffolution of the Eaft-India Company has been wifned for fcores of years, by- many good people in this country, for the very reafon that it was an imperium in imperio. Yet the learned gentleman, with infinite gravity of face,, tells you he difiikes this bill becaufe it eftablifhes- this novel and odious principle. Even a glance of this bill, compared with the prefent conftitution of the Company, manifefts the futility of this ob- jection, and proves that the company is, in its pre- fent form, a thoufand times more an imperium' ht imperio than the propofed Commifiioners, The worft fpecies of government is that which cart run counter to all the ends of its inftitution with impunity. [ -6 ] Impunity. Such exactly was the Eaft-India Com- pany, No man can fay, that the directors and proprietors have not, in a thoufand inftances, me- rited fevere infliction ; yet who did ever think of a legal punifhment for either body ? Now the great feature of this bill is to render the Commiffioners amenable, and to punith them upon delinquency. The learned gentleman prides himfclf that his bill did not meddle with the commerce of the Company -, and another gentleman, after acknow- ledging the folly of leaving the government in the hands of the Company, propofes to fcparate the commerce entirely from the dominion, and leave the former fafe and untouched to the Company itfelf. I beg leave to appeal to every gentleman converiant in the Company's affairs, whether this meafure is, in the nature of things, practicable at this moment. That the feparation of the com- merce from the government of the Eaft may be ultimately brought about I doubt not ; but when gentlemen reflect upon the immediate itate of the Company's affairs, when they reflect that their government was carried on for the fake of their commerce^ I '7 .1 commerce, that both have been blended together for {uch a feries of years ; when they review the peculiar, perplexed, and involved date of the eaftern territories, their diffimilitudeto every fyftem in this part of the globe, and confider the deep and laborious deliberation with which every ftep for the eftablifhment of a falutary plan of govern- ment, in the room of the prefent odious one, muft be taken the utter impoflibility of inftantly de- taching the governing power from interference with the commercial body, will be clear and indubitable. A gentleman has afked, why not choofe the Commifiioners out of the body of Directors ; an4 why not leave the choice of the affiftant Directors in the Court of Proprietors ? That is to fay, why not do that which would infallibly undoe all you are aiming at ? I mean no general difparage- ment when I fay that the body 'of the Directors have given memorable proofs that they are not the fort of people, to whom any man can look for the fuccefs or falvation of India. Amongft them there are without doubt, fome individuals rcfpectable D froth [ i 3 both for their knowledge and integrity; but I put it to the candour of gentlemen, whether they are the fpecies of men whofe wifdom, energy, and diligence, would give any promife of emancipa- ting the Eaft-India concerns from their prefent dif- afters and difgraces. Indeed both queftions may be anfwered in two words. Why not choofe the Directors who have ruined the Company ? Why not leave the power of election in the Proprietors w ho have thwarted every good attempted by the Diretfors ? The laft point adverted to by the learned gentle- man relates to influence, and upon his remarks, combined with what fell from fome others upon the fame fubject, I beg leave to make a few obferva- tions. Much of my life has been employed to diminim the inordinate influence of the Crown. In common, with others, I fucceeded, and I glory in it. To fupport that kind of influence which I formerly fubverted, is a deed of which I fhall never deferve to be accufed. The affirmation with which I firft introduced this plan, I now repeat I re-afiert that this bill as little augments the in- fluence [ '9 ] fluence of the crown, as any meafure which can be devifed for the government of India, that pre-. fents the flighted promife of folid fuccefs, and that it tends to encreafe it in a far lefs degree than the bill propofed by the learned gentleman. The very genius of influence confifts in hope or fear ; fear of lofing what we have, or hope of gaining more. Make thefe Commiffioners removeable at will, and you fet all the little pafllons of hu- man nature afloat. If benefit can be derived from the bill, you had better burn it, than make the duration Ihort of the time neceffary to accomplifh the plans it is deftined for. That confideration pointed out the expediency of a fixed period ; and in that refpecl it accords with the prin- ciple of the learned gentleman's bill ; with this fnperior advantage, that inftead of leaving the Commiffioners liable to all the influence which fprings from the appointment of a Governor General, removeable at plea/tire, this bill inverts them with the power for the time fpecifad upon the fame tenure that Britiih Judges hold their ftation removeable upon delinquency, pu- nifoable upon guilt but fearlefs of power if they D 2 di (charge [ 20 ] difcharge their truft, liable to no feducement, and with full time and authority to execute their func- tions, for the common good of the country, and for their own glory. I beg of the Houfe to at- tend to this difference, and then judge upon the point of encreafing the influence of the Crown, comrafted with the learned gentleman's bill. The ftate of accufations againft me upon this fubjtct of influence, is truly curious. The learned gentleman, (Mr. Dundas) in flrains of emphafis, declares that this bill diminishes the influence of the crown beyond all former at- tempts, and calls upon thofe who formerly voted with him in fupport of that influence, againft our efforts to reduce it, and who now fit near me, to join him now in oppofing my attempts to diminifh their darling influence. He tells them I out Herod Herod, that I am out do- ing all my former out doings, and proclaims me as the mercilefs and infatiatc enemy of the influ- ence of the Crown. Down Down fits the learned gentleman, and up flarts an honourable gentleman, with a charge againft me, upon the fame fubject, of a nature the direct reverfe, I have fought under your banner, cries the honourable gentleman (Mr. Martin) againft that fell giant, the influence of^the Crown ; I have bled in that battle which you commanded, and have a claim upon the rights of foldierfhip. You have conquered through us; and now that victory is in your arms, you turn traitor to our caufe, and carry over your powers to the enemy. The fierceft of .your former combatants in the caufe of influence, falls far fhort of you at this moment ; your attempts in re-erecting this mon- fter, exceed all the exertions of your former foes; This night you will make the influence of the Crown a coloflus, that fhall beftride the land, and crufh every impediment. I impeach you for treachery to your ancient principles come, come, and divide with us ! This honourable gentleman, after a peg or two at the Coalition, declines into filence ; and whilft the Houfe is perplexing itfelf to reconcile thefe wide wide differences, the right honourable gentleman over the way (Mr. W. Pitt) confounds all paft contradictions, by combining, in his own perfon, thefe extravagant extremes. He acknowledges that he has digefted a paradox ; and a paradox well he might call it, for never did a grofler one puzzle the intelects of a public afiembly. By a miraculous kind of diicernment he has found out, that the bill both increafis and diminijhss the influence of the Crown. The bill diminifhes the influence of the Crown, fays one you are wrong, fays a fecond, it increafcs it. You are both right, fays a third, for it both increafes and diminifhes the influence of the Crown. Now as moil Members have one or other of thefe opinions upon the fubject, the honourable gentleman can fafely join with all parties upon this point, but few I truft will be found to join him. Thus, Sir, is this bill combated, and thus am I accufed. The nature and fubftance of thefe ob- jections I conflrue as the ftrcogcit comment upon the the excellence of the bill. If a more rational op- pofition could be made to it, no doubt it would. The truth is, it increafes the influence of the Crown, and the influence of party as little as poffible ; and if the reform of India, or any other matter, is to be poflrponed until 'a fcheme be de- vifed, againft which ingenuity, or ignorance, or caprke ft all not raife objections, the affairs of human life mud ftand dill. I beg the Houfe will attend a little to the man- ner in which the progrefs of this bill has been retarded, efpecially by the right honourable gen- tleman (Mr. Pitt.) Firft, the Members were not all in town, and time was defired upon that ac- count. Next, the finances of the Eaft-India Company were misftated by me, and time was defired to prove that. The time came,/ the proofs exhibited, counfcl heard, and yet the ifiue was, that my former ftatcment, inftead of being con- troverted, became more eftablifted by the very proofs 'which were brought to overturn it. The honourable gentleman has mifreprefented me to- night again he has an evident pleafure in it, which indeed indeed I cannot prevent ; but I can prevent this Houfe and this country from believing him. He prefers the authority of his own conception (eager enough in all confcience to mifunderftand me) of what I faid to my own repeated declarations of my own meaning. He fuppofes a miftake becaufe he wifhes it. I never did fay the Company were abfolute bankrupts to the amount of the debt, but I faid there was immediate neceffity of paying that given fum, without any immediate means of providing for it. The account of the Company's circumftances prefented laft week, furnittied mat- ter of triumph to the honourable gentleman for the full fpace of three hours, that is to fay, whilft council were at the bar. I made no objection to the account but this trifling one that 1 2,000,000 were dated which ought not to appear at all there, and which were placed there only for delufion and fallacy. I never objeded to the arithmetic of the account. The fums I doubt not were ac- curately can; up even to a figure Yet the Houfe will recollect that the honourable gentleman about this very hour of that debate, endeavoured to protract the bufinefs to the next day, upon allu- ring t *5 1 ring the Houfc that the Company would then fupport their ftatement. I refufed to accede be- caufe I knew the matter to be mere ftiifting, and maneuvering for a vote, and that the Company could not fupport their ftatement. Was I right ? the Houfe fees whether I was The houfe fees the finance poft is now totally abandoned, and for the beft reafon in the world, becaufe it is no longer tenable. But the honourable gentleman is indeed a man of refources, he now gives me a challenge, and I beg the Houfe to remark that I accept his challenge, and that I prophecy he will no more meet me upon this than upon the former points. But there is no limit to a youthful and vigorous fancy The right honourable Gentleman juft now, in very ferious terms, and with all his habitual gravity, engages, if the Houfe will join in op- pofing us to-night, that he will digeft and me- thodife a plan, the outline of which he has al- ready conceived. He has nothing now to offer; but juftly confiding in the fertility of his own imagination, and the future exercife of his facul- ties, he promifes that he will bring a plan pravi- E M C 26 ] <& The Company unaware of this attack I The learned Gentleman's * He was right ; for the Miniftry had an acceffion of fire Totes this night, above the former divifum. own C *7 ] own labours, independent of any other intimation, had been an ample warning to the Company to be prepared. Every man in the kingdom who reads a newfpaper expected f Jtnething; and the only wonder with the nation was, how it could be fo long delayed. The reports of the Committees alarmed the public fo much, for the honour of the country, and for the falvation of the Com- pany, that all eyes were upon Eaft-India affairs. This fort. of obfervation had indeed much better come from any other man in this Houfe, than from that identical gentleman. If thefe were not fufficient to roufe the atten- tion and diligence of the Company, his Majefty's fpeech at the commencement and conclufion of the late feffion of Parliament, gave them note ef preparation in the moft plain and decifive terms: In his opening fpeech his Majefty thus fpeaks to Parliament upon the fubject of India : " The regulation of a vaft territory in Afia, " opens a large field for your wifdom, prudence, " and forefight : I truft that you will be able to E 2 " form C *8 ]