Popular n "or>^cs: or the Question Discussed.., UNIVERSITY OF CALIFORNIA AT LOS ANGELES POPULAR TOPICS: | OR, THE GRAND QUESTION DISCUSSED; IN WHICH THE FOLLOWING SUBJECTS ARE CONSIDERED; viz. THE KING'S PREROGATIVE, THE PRIVILEGES OF PARLIAMENT, SECRET INFLUENCE, AND A S Y S T E M O F REFORM FOR THE EAST- INDIA COMPANY. THE SECOND EDITION, CORRECTED. L- Oi U D O --N: Tiinted for J. DEBRETT, oppofitc Burlington Houfc, Piccadilly. M,DCC,LXXXIY. ADVERTISEMENT. Although fome confiderations contained in the fol- lowing pamphlet are founded on circumftances which happened previous to the diffolution of the late Parliament, at which period the firft edition was publifhed, the confideration of thofe circum- ftances appears to be fo important, that it has not been deemed necefTary to expunge the paffages which relate to them. POPULAR TOPICS, &c, HE freedom of converfation is not among the leaft confiderable of thofe privileges which are de- fervedly the boaft of our country. But to fpeak with freedom, unlefs we think with propriety, and feel with dignity, is only the privilege of Iriewing s our folly. It is as much the duty as it is the right of - an Englimman, to make up his mind on the prefent public meafures. ^ Much depends upon our conduct at this critical time They are no trivial queftions that are now debated They regard the very existence of our conftituticn Neither are they inconfiderable parties that we have before us. The Minifters of the Crown have differed from the Houfe of Commons, and the Throne has appealed to the People. We are made the judges in as great a caufe as ever was tried, and >we ought not to fhew ourfelves by our heat, our rafhnefs, or our ignorance, unworthy of the great fituation we are called to. In [ a 3 In proportion to the magnitude of the objecl, arifes the neceffity of embracing every opportunity of inveftigating the grounds on which fo material an opinion is to be formed. This inveftigation ought therefore to be carried on with temper, but by no means with indifference. I flatter myfelf it will be a tafknot altogether fruit- lefs, to endeavour at removing fome of the preju- dices which have been raifed, (fometimes even in good minds) by the efforts of faction and malevo- lence j and with, that view alone I venture to offer the following thoughts to the public perufal. I will not attempt the weak, though common, impofition, of declaring, / am not a party man. At this period, when two great parties divide the fentiments of the whole empire, he who profefles to be no party man, owns either that he has not ability to form an opinion, or courage and honefty enough to declare it. However individuals may difagree on particular points with the leaders of the two par- ties, the grand principles on which they differ arc fuch as claim every man's attention and decifion. I have formed a decided opinion But it was not formed until I had made a careful and difpaffionate examination. I have examined facls and arguments with caution, and am far from wilhing that mine Ihould not be looked into with the fame jealoufy. The caufe now before us is between Prerogative on the one hand, and the Privileges of the Houfe of Commons, as Reprefentatives of the People, on the other. This rontroverfy, after having flept, or ra- ther [ 3 ] ther appeared dead, for near a century, is revived again j and revived on the very fame principles, and purfued with the very fame fpirh, with which it was carried on during the reigns of King Charles the Firft, King Charles the Second, and King James the Se- cond. Whether thofe Princes were in the right, or the Commons of thofe days in the wrong, is not at this time worth difputing. Events have decided againft the Stuart Kings ; and from that time the Houfe of Commons have been in the peaceable and uninterrupted practice of controlling every one of the Prerogatives of the Crown without exception. Till the latter end of the year 1783, there was no quef- tion about it The moment a Minifler loft his ma- jority in, the Houfe of Commons, nobody was ever fo abfurd as to afk how he ftood at St. James's. We expected as much that the next Gazette would give us the arrangement of a New Miniftry, as that it .would be publifhed on its ufual day. Fortes, I ap- peal, as a fact, to the obfervation of every man, high or low, attentive or carelefs, in the kingdom. I do not wifh at this moment to give any opinion of the right, or whether it ought to have been fo or not ; I fpeak only of the uniform praftice^ and of the undifturbed pofleffion, as a matter of fatt, and it is a matter of fact which, I apprehend, will not be dif- puted. Our intereft in the decifion of the queftion of the right, is indeed confiderable. The Prerogative of the Crown is a valuable part of our Conftitution ; but Prerogative is a thing not peculiar to curConfti- B 2 tution. [ 4 ] tutlon. There is enough of it in the Conftitution of France: it may exift, not only without the other parts, but it would exift without them in much greater fimplicity and perfection. There is not a right on the part of the people which does not de- rogate more or lefs from Prerogative. Prerogative is that peculiar kind of right in the Crown, which has nothing at all to do with the rights of the peo- ple, though it is very material to the being of our Government ; but the Privileges of the Houfe of Commons, though they are not efTendal to Govern- ment, (for Government may, as in France, or in Ruffia, be kept up in great force without them) yet without thofe privileges the people cannot be pre- ferved in a free condition. Therefore, if we fhould happen to decide amifs in favour of Prerogative, we ftrengthen the Crown to our own prejudice -, but if %ve fupport the Houfe of Commons, even though they and we mould be miftaken, it is an error on the fide of our own liberty. The different confcquences of a miftake are obvious. I fay, that we mould de- cide againft our own liberty,' were we to determine againft the Houfe of Commons ; becaufe, whether they are, or are not, correctly our reprefentatives, according to the theory we meet with in books, we know this for certain, that in any controverfy with the Crown, they can only exift by our fupport. Their ftrength therefore is ours ; and if we impair thcir's, fo as to ftrengthen the Crown, it may not be very eafy for us to get back, either to them or to Vis, the weight which we have inconfiderately thrown into C 5 ] into another fcale. Befides, it ought to be confi- dered, that if the Houfe of Commons fhould be in the wrong, the error is tranficnt, becaufe the body itfelf is fugitive ; but whatever is gained to the Crown is permanent. The hope of regaining it will be vain. As, therefore, the power of the Houfe of Com- mons, in controlling the appointment of Minifters, has been fo univerfally underftood and allowed, that no Minifter has hitherto fo much as thought of rifquing a difpute on it, there is no reafon why we Ihould be in a hurry to interfere in this bufinefs by fupporting a claim of this kind in the Crown, even though it mould be found ultimately right; becaufe, at worft, we are only where we have been ever fince the Revolution. I hope it is not among the new discoveries that we have been an inglorious and unhappy people during that period. As, then, we fuffer nothing by our delay, we have time fully to confider whether we are to gain any thing by the change that is pro- pofed, that is, by depriving the Houfe of Commons of the weight it has hitherto held in the Government, through the free enjoyment of their right of beftow- ing their confidence upon whom they mail think de- ferving of it. I fay nothing here of an Houfe of Commons al- ways indifferently fupporting every creature given to them by cabals of a Court. We have feen enough of Houfes of Commons of this defcription j and we ihall fee more, if we difcourage every attempt to- wards I 6 J wards independency. I fpeak upon the fuppofition of a Houfe of Commons, fuch as we have lately feen, (landing on its own judgment, and engaged in a controverfy with the Crown. The cafe upon which the competency of the Houfe of Commons was tried in the late difputes, and which we are perhaps finally to try, is this : The late Miniftry, I mean the Miniftry of the Duke of Portland, Mr. Fox, Lord North, and others, was removed from his Majefty's Councils by the inter- ference and advice of the prefent Minifters, then att- itig in fecret. The reafon affigned, at lead the reafon publicly affigned, was, that his Majefty (who we all know never has had any thing in view but the pre- fervation of the liberties of the people) was highly irritated againft that Miniftry for having moved a certain bill, commonly called the Eaft-India Bill, which pafied through the Houfe of Commons by a majority of one hundred and upwards. The firft tfeing to be enquired into on this fubjedl is, whether it be right to turn out a Miniftry on account of the conduct held by them in the Houfe of Commons, and for having been fupported by that Houfe ? This is not the concealed, but the publicly- avowed caufe of their difmiffion ; and it is for this caufe expreflly that his Majefty is thanked in all the addrefles. It is very ferioufly to be confidered, whether the public avowal, and approbation of the Crown's punifbing men, not for their official, but for their parliamentary conduct, is confiftent even with the a fmalleft [ 7 ] fmalleft idea of liberty ? If this doctrine prevails, the Houfe of Commons is under the abfolute do- minion of the Crown j fince, for the firft time, in the face of day, it is a maxim not only avowed, but applauded, that men fliould be punilhed by the King for what thejtdo in that place. If the addreflbrs had thought that act of fo dan- gerous a nature, they ought, by their dutiful peti- tions to the Houfe of Commons, to have fignified to them their fenfe of the bill whilft it was under confideration ; for it was under confideration up- wards of three weeks ; it was printed in all the pa- pers, and circulated into every part of the kingdom ; yet from two places, and two places only, and one of them perfectly infignificant, was the lead degree df difpleafure exprefied either to the Minifters or to the Houfe of Commons upon that fubject. If the people had controlled the Houfe of Commons by their remonflrances, made in a constitutional way to that body, whether the lofs of the bill might be pro- per or not, the freedom of the people would have been preferved ; but when the addreflbrs have thought proper to pafs by the Houfe of Commons totally, as if there was no fuch body exifting, and to apply themfelves iblely to the Crown, they have, to the beft of their power, anihilated the Houfe of Com- mons. They have taught this fatal It-Tun, that the coercion of the Houfe of Commons is not in the People, but in the King; for it is very remarkable, that they have confidered nothing in the Conftitu- tion relative to this bill, but his Majefty on the one hand, [ 8 ] .hand, and his late Mtniftry on the other, Inftead of confidering the King and his Minifters as but one thing, and Parliament as another, they confider the King and his Minifters as two things, and Par- liament as nothing. I hope and truft that the leaders in the addreiTes have rather proceeded wantonly and inconfiderately in this bufmefs, than that they have been actuated with that premeditated malice to the Conftitution and to the liberty of the people, which their addrefles feem ftrongly to imply. The next ftep with regard to this bill tends more fully to clear up the fpirit of this memorable tranfadlion. After paffing the Houfe of Commons with fo great a majority, and with fuch apparent acquiefcence of fo great a part of the kingdom, it was carried up to the Houfe of Lords. There another opportunity occurred for a conflitutional application, by petition, to another branch of the Legiflature. This branch (though not the repre- fentative of the people) ftill is not to be confidered as abfolutely one and the fame thing with the Crown. It has fome connection, through the me- dium of property and other ties, with the popular part of the Government : and it is fo conftituted, that it may be independent if it pleafes. But no petition from any one corporation in the kingdom, (except the Eaft-India Company, which was the party concerned) was prefented to the Houfe of Lords. It was publicly known, and never has been denied, that upon a canvafs of that Houfe, the bill would have been fupported by as great a majority [ 9 ] majority as that which carried it through the Ho'ufe of Commons. But its fate was very different. If even in the Houfe of Lords the bill had been thrown out upon the petition of the people, it would have fallen from the judgement given by them upon it. But it is neceflary to mark in how different a manner, and upon principles how much the reverfe of all popular judgement, it was loft. A noble Lord, a very near relation of Mr. Pitt, and in the clofeft political connection with him, came out of the King's clofet, and by the ufe of his Majefty's own name, and by menaces of his per- fonal difpleafure to every Lord who fliould vote for that bill, prevailed upon feveral Lords of the Bed- chamber, and others in office, to retract their de- clarations, and withdraw their proxies : thus was the bill thrown out in the Houfe of Lords by a .majority of eight. In this place I do not enter into a difcuffion con- cerning the merits of the meafure icfelf. There can be no doubt that the mode of difpofmg of it was the moft unconftitutional that ever was known in the hiftory of the corruptions of Parliament. In the Houfe of Commons, the Minifters were avow- edly turned out by the King's private advifers, for their public conduct in that Houfe ; and for a mea- fure there approved. And a majority in the Houfe of Lords was obtained by the ufe pf the King's own name, intimating private and perfonal favour er difpleafure to the Peers. C Hitherto Hitherto "the fenfe of the people had no fliare whatever in dilating any part of this conduct ; the whole was carried on by the mere acts of the Crown, directly attacking the liberties ~of the peo- ple through the independence of Parliament. In this fituation things continued till the firft ad- drefs appeared. In the mean while there was ano- ther opportunity for the interpofition of the people with Parliament. Mr. Pitt gave early notice, that he would bring in a bill for regulating theEaft-India Company according to his 'ideas, with flrict atten- tion to all the rights of the Crown, and to all the chartered Privileges of the Company. This was no eafy talk. On the one hand, every thing taken away from that Company in favour of *the . Grojvn, muft be, for Jo-much, a derogation from >their Charter. On the other, every privilege and power to be left in the hands of thole, who, it was not denied, : had groffly abufed them, muft, for fo'much, Hand in the way of all .reformation. His work was difficult, even in itfelf, and if it were to meet with no op- pofition at all. But the difficulty was much greater, from the circumftances which attended it. Somfe of thofe who had fupported the former bill were men of the greatefl abilities; and feveral of them were known to be much more converfant with the fubject than Mr. Pitt ever pretended to -be.- The Members could not be fuppbfed to approrve of a pro- ject directly contrary to their own. Mr.. Pitt, under thefe perplexities, had another difficulty- much more to ftruggle with. The majority had juft i declared [ II ] declared againft him, as an object unworthy of their confidence. At this time the petitions of the people to the Houfe of Commons would have been feafon- able and conftitutional ; and the bill propofed evi- dently wanted all their countenance and fupport. If Mr. Pitt fnould aflcrt, that he had not time to ob- tain the countenance and fupport of the people to his meafure ; the plain anfwer is, that there was time fufficient from his firft fuggeftion of the bill to its rejection, for petitions from feveral place3 which have fmce addrefied. But if fuch means were not furniihed on account of the rapidity of his proceed- ings, he was under no fort of necefilty for hurrying on his India Bill ^ but he might have waited until the fenfe of the people, upon which he now pro- fefies to be governed, could be fairly taken and declared. Indeed, this would not have anfwered the grand purpofe, in which, not the fupport of this or any bill was the object. The thing aimed at, was, by an inverfion of the Conftitution, to make the Crown the organ of the popular voice ; to eftablifh the King as the Reprefentative of the People ; and afterwards to have the royal authority recognized in fchat character. Thus the King is called upon, as the future policy of his reign, to feparate himfelf from his Minifters ; and, without any previous communication with them, or any previous interpofition of his people, by his own mere perfonal authority to dictate to both Houfes the conduct which they are to purfuc. Let me re- peat it, and imprefs this fact on your minds, that C z the the Addreflbrs have imitated exactly the Secret A&- vifcrs, by whom they are guided, and whom they fupport. Thefe Addreflbrs never gave any notice of their fentiments to either Houfe of Parliament ; but when the ftrong, perfonal a& was now done for the firft time in the King's own name, then they came forward, not to reprobate the obnoxious mea- fure which in their own perfons they might have done before, but to applaud and encourage this mode of getting rid of it. Here is, indeed, a great revolution in this country. Had this fignification of the pleafure (real or pre- tended) of the Crown, for the purpofe of corrupt- Ing and intimidating Members of Parliament been conveyed through the Minifters themfelves, it would have been very blameable j but ftill, though a bad and corrupt aft, it would have left Adminiftration on its antient bottom. People would know the fen- timents of the Crown through the ordinary medium. But by thofe fentiments being conveyed through a private channel, this irregular communication proved as noxious to the caufe of Government, as it was fatal to conftitutional freedom. The Influence 0f the Crown, in corrupting Parliament, has been long talked of; and, in fome inftances very juftly. But it was never publicly known and avowed before. If now that it is known and avowed it is to be fup- ported in this nation ; we certainly havp no right hereafter to complain of any Minifter or Member of Parliament, who gives way to the fedudtions or terrors of the Crown, to \yhich we have ourfelves given [ '3 3 given a fanction, as open and avowed as tjie cor- ruptions which we authorize. On this point I (hall not fay a great deal more. It is fufficiently clear. Let a parliamentary meafure be what it will, it is not necefTary or proper, that on account of a bad Ad of Parliament, the freedom of Parliament itfdf fhould be deftroyed for ever. The matter of the fame addreffes which fubvert that free- dom, might, properly applied, (that is to the Houfe of Commons, and turned into petitions) eafily have obtained the repeal of the act, if it had pafled, and had, on confederation, appeared mifchievous either to Prerogative or to Charters. Innumerable are the bills which have been repealed on the tenth part of the popular clamour which is now excited by the fame arts as were lately ufed to corrupt the Houfe of Lords. Why was not this courfe taken ? It was natural and obvious. But then it would not anfwer the purpofes of the fecret cabal, who are indifferent about that or any other bill. Their views were for the correction of the popular part of the Legiflature. The repeal of an act is as regular and as legal as the making of it; but this would not do. The point, and the only point, to be carried, was the eftablifh- ment of the direct ufe of the King's name, to in- fluence Members of Parliament. This leads me to confider the next great topic in prefent difcufllon among the people ; that is, the merits of the Eaft-India Bill. It is proper that perlons who have not yet addrefled, or who would recorder the addrefleg they have made, njay know fome- [ H ] fbmething of the merits -of that fcheme, for the re* jection of which, fome have been willing to facrifice the only fecurity they have, or can have for their deareft rights and liberties. SYSTEM OF REFORM O R THE EAST-INDIA COMPANY. THE bill for the regulation of the Eaft-India Company, brought into Parliament by Mr. Fox, has been eagerly caught at by his enemies and thofe of the public, as being a fubjec"l peculiarly calcu- lated to caft an odium on an Adminiftration exprefbly formed upon an addrefs of the Houfe of Commons. That addrefs prayed that his Majefty would be gra- cioufly pleafed to form an Adminiftration in which that Houfe and the nation might have confidence. There is no doubt that fuch an Adminiftration muft neceflarily, on the firft opportunity, be deftined to de- ftruclion by thofe fecret advifers who have been hi- therto the makers of Adminiftrations, and had always been accuftomed to make Adminiftrations upon very different principles from thofe required by the Houfe of [ 'S ] of Commons. They knew that the India Company muft be reformed, or the nation muft be ruined ; and they knew that it could only be reformed by * ftrong and decifive meafure. Accordingly they (Mr. Pitt in particular) were the firft ahd loudeft in calling for fuch a meafure, both at the end of the laft feilion and at the beginning of this. They no fooner had what they called for, than they ./thought they had found the means of ruining the eld and fofmidable enemies of their fyftern. Here Mr. Jenkinfon, the old fecret advifer, the fame Mr. Jenkinfon who confefled himfelf to be a fecret ad- vifer in the Houfe of Commons, took, what he very feldom takes, a very active part. He took two grounds for his attack, and Mr. Pitt, his dif- ciple, followed him with great fidelity. The firft of thefe grounds was with regard to the rights of the Company ; the fecond with regard to the rights of the Crown. The firft was taken to deftroy the Miniftry of the people, with the people the/n- felves 5 the fecond /to undermine that obnoxious Miniftry at Court, and by raifing a violent cry from St. James's, to alarm all the high prerogative men in the kingdom. Before I proceed to remark on this proceeding of Mr. Jenkinfon, and his follower, Mr. Pitt, I,wijl briefly ftate the heads of this bill, fo much abufed and fo little underftood. Ttie 'prtamable recites, and recites with great truth, thao under the prefent ad minift ration of India, the natives are cruelly opprefled, and all the affairs of t '6 1 of the Company mifnftanaged, to the imminent danger of that great branch of the national intereft. The bill, therefore, appoints feven Directors for four years, to manage the political affairs of the Com- pany, and nine Affiftant Directors, who, under their -control, are to carry on the commercial fyftem. The 'King is to nominate to all vacancies in the Superior, and the Proprietors to thofe in the Inferior Board. ' In cafes of mifmanagement in the Directors, the Proprietors have a right to petition his Majefty ; and thefe Directors, without any complaint at all from the Proprietors, as well as upon complaint, are re- tnoveable by addrefs from either Houfe of Parliament. By this means they are under the moft continual and vigorous controul that could be devifed They may be removed even' on Jufpicion, which is not the cafe of the prefent Directors. But then the grounds of that fufpicion muft be publicly affigned, and publicly debated This is the poifon which the fecret advi- fers could not fwallow , becauie it made public dif- cufiion, and not low .intrigue, and private cabal the judge of a man's character and his iituation. As the concealment of the ftate of the Company.'s affairs, had frequently been the caufe that neglects and mifdemeanours had accumulated to fuch a de- gree, as to .produce the greateft embarraffinents in -their affairs The act provides, that the Company's accounts (hall be regularly iubmitted to Parliament ; \vho, of courfe, will be, and are found to be the judges of any errors that may appear in the adminif- tration of their affairs. By this provifion the Com- miflioners [ '7 ] miflioners were to adl under the eye and direction of Parliament, and the faith of the public was in a manner pledged for the fecurity and welfare of the Company. Both Directors and Affiftant Directors were in that bill prohibited from holding any place whatfo- ever under the crown ; or any other place under the Company ; and from being in any way concern- ed in the Company's (hipping or commerce. This is a regulation fo evidently founded in wifdom and found policy, that it would be an infult to any man's understanding to explain its utility. In order to prevent improper perfons becoming Directors or Affiftant Directors, the bill enacts, " That no perfon charged with peculation or op- ci preflion in India," within two years before his nomination, mall be eligible to either office, till the Directors {hall have exculpated him, and re- corded the reafons for their opinion And in order to give time for the production and examination of fuch charge, the perfon accufed muft have refided in Great Britain two years from his return from India, previous to his election. Collufion and participation between the Directors and their fervants was fufpedted as one of the great caufes of the mifdemeanours in India For prevent- ing any collufion betwen the new Directors" named by the bill, and the Company's fervants, it is enac- ted, that " whenever any charge of corruption, pe- " culation, prefiion, opprefiion, extortion, receipt " of prefents, ufury, breach of orders, or other D " grievous [ '8 1