any upon that day. Mr. Dempfter then moved, "That the "Chairman report progrefs, and afk leave to fit again."

Mr. Chancellor Pitt objected, and moved, by way of Mr. Chanamendment, "That the Chairman leave the chair."

cellor Pitt.

Mr. Burke contended, that a great deal of argument might Mr. Burke. ftill be adduced in favour of the original motion. It gave him great concern to find that British fubjects in India were not to be permitted to enjoy the fame privileges which Britifh fubjects in England enjoyed. If they were to be deprived of their freedom, if English mouths and English pens were not to be allowed to be exercifed in favour of oppreffed natives, thofe natives muft lofe their freedom entirely, and no complaint against perfons in office could ever be preferred. with effect, fo as to reach the knowledge, and challenge the inquiry of the Parliament of Great Britain, becaufe the acts petitioned against put it in the power of the Governor General to feize and imprifon every British fubject who fhould prefume particularly to ftate the variety of oppreffions under which a native might unfortunately languifh.

Major Scott begged leave to affure the right, honourable Major Scott gentleman, who had ftated it as a matter of furprise, that no complaints were made by the natives of India to Great Britain, and that unless fome alteration fhould take place in the bill, none would be made in future; that he wished as earneftly as any man that the bill might undergo a reconfideration whenever the honourable gentleman (Mr. Dempfer) chose to appoint a day. But, with refpect to its having any operation as to the natives, it certainly would not. They would not complain to Great Britain, and all which was neceffary for their relief at all times, was a ftrong efficient government upon the fpot, compofed of men of honour and integrity, and well fupported from this country. As to the government of Bengal, it had ever been, and it ever muft be, defpotic. We had fucceeded a defpotic government, the Mahometan; but (the Major faid) he spoke from full conviction, and from the beft information from gentlemen who had been in parts of Hindoftan which he had never feen, that of all the governments in Hindoftan, the government of Bengal, under the English, was the beft, for the happiness of the natives, the fecurity of private property, and for the lenity and judgement with which the people were treated. Let the right honourable gentleman inquire from thofe who had feen the Hindoo and Mahometan governments, either Madajee Scindia's, which was a very confiderable government, or any other he pleafed, and he would find that the government of Bengal was more populous, the country better cultivated, and the natives more fecure than they were X X 2 under

Mr. Burke.

under any other, or than they had been under any of the Mahometan Rulers, from its first invafion.

Mr. Burke maintained, that the worft which could be faid of any government was, that it was defpotic. If the British government established in India was defpotic, fo far from its being the beft poffible government for the country, all circumftances confidered, it must be the worft, because of the infinite diftance of India from the feat of fupreme authority. If Englishmen in India were deprived of their rights and privileges, a total end was put to freedom in India, fince an Englishman who fuffered his liberties to be taken from him without caufe, and without refiftance on his part, was an Englishman depraved, fit and ready not only to enflave himself,, but to enflave others. It was natural, he obferved, for men in power to feel an inclination to exercise that power tyrannically, and even to the enflaving of thofe fubordinate to their authority; but it was the province of freemen to detect them; and when the freedom of Englishmen in India was taken from them, thofe in power there might with impunity carry into execution against the miferable natives whatever plans of flavery their arbitrary and unfeeling difpofitions might fuggeft.

Major Scott. Major Scott faid that he fhould be forry to be misunderftood. Heaven forbid that an Englishman, in any part of the world, fhould be deprived of his freedom or his privileges. All he meant was this, that the government over the natives ever had been, and ever muft be, defpotic. How could it be other wife? He did not go to the extent of the right honourable gentleman's calculations, but the government of Bengal had eighteen millions of people fubject to its authority, "famed (as the right honourable gentleman had $6 once faid) for all the arts of polished life, while we were yet in the woods." The English confifted, or did confift, during the war, of eighteen hundred European foldiers, fit for duty, about seven or eight hundred officers, and two hundred and fifty civil fervants. How was it poffible that fuch an handful of Englishmen fhould govern eighteen millions, if their government was not firm, vigorous, and even defpotic? But Heaven forbid that he fhould infinuate it was oppreffive or unjust-it certainly was not. But if the government of Bengal was not to be strong and well supported from home, the fooner this country followed the advice of the honourable gentleman, (Mr. Dempfter) and fent tranfports to bring every Englishman from Bengal, the better. He was forry to obferve, that the prefent ftate of our finances would not fuffer us to try fuch an experiment, fince he was fure that Great Britain derived immense resources from Bengal. The Houfe adjourned.

Wednesday,

Wednesday, 28th February.

The order of the day being read for going into a Committee on the mutiny bill, Mr. Rofe in the chair,

Colonel Fitzpatrick complained of the alteration made in Col. Fitza claufe of the mutiny act which paffed during the courfe patrick. of the preceding year, and was forry to find it continued in the bill now before them. The preamble to this act, as judiciously penned by our forefathers, declares a ftanding army to be contrary to the laws of the land, and wifely enacts, that no forces fhall be paid and mustered in this kingdom but thofe provided for by this law. No innovation fhould be made in its principle, or alteration in the language of any of its claufes, without much deliberation, and a well-founded cause. For these reasons, he rofe to propose an amendment to the present bill, which would in fact reftore it to the state it ftood in for many years. The two reafons affigned for the late alteration, he fuppofed, muft be in the recollection of every gentleman: they were the cafes of Generals Stuart and Rofs. The former gentleman held the local rank of Major General by brevet in the Eaft Indies, befides his commiffion from the Company. The latter alfo was a Major General in the army by brevet. On complaint being made by General Boyd of the conduct of the latter gentleman, and a court martial being fummoned, they doubted their authority to try the complaint, and propounded a question to the Judges, who declared, that brevet officers did not come within the meaning of the mutiny act. On this opinion, the alteration was made laft feffion, wherein every officer in the army bearing the King's commiffion is fubject to martial. law. To confider this in a conftitutional view was truly alarming. That learned Judge, Blackftone, had given his opinion in clear and explicit terins, on the tendency and danger of extending martial law. How alarming was it therefore to pafs a bill, placing (we know not how many of) our fellow-fubjects, out of the pale of the juridicial law of the land, and arming them, we know not for what purpose, and these men not provided for by any vote of this House. It was not the present danger of their numbers he was afraid of, but the precedent, and the ufe which might be made of it. Of this opinion was the late Earl of Chatham.

Colonel Fitzpatrick then entered into a difquifition of its effects in the army, and drew fome comparisons between the half-pay officer and the commiffion by brevet. He remarked, that it is fuppofed by fome perfons, that half-pay was a reward to the officer for his paft services; others concluded that it was a retainer only for the future, as he was liable to

be

Sir Charles
Gould.

be called on at pleasure. But there was a wide distinction between officers whofe corps were reduced, and of course their commiffions determined, and brevet officers whofe commiffions remained. It is true, (he added) they cannot properly act without a letter of fervice; but as the former are not deemed within the meaning of the mutiny act, no more fhould the latter, until called into actual fervice. No man fhould therefore be looked upon as a military man, unless he is provided for by this Houfe; as the fpirit of the mutiny act is, that no man fhall be liable to martial law but thofe who are muftered and in the pay of the nation, which is not the cafe of brevet officers. There is alfo another defcription of military men-the officers of the militia-They are very properly fubject to martial law when called out; but if they were required to be under it at all times, they would look on the propofition with aftonishment, and reject it with indignation. The Colonel again reverted to the cafes of General Stuart and General Rofs, who were not amenable to a court martial under the mutiny act, because they were not known by it as military men in this country; but His Majefty, by virtue of his prerogative, could in foreign service caufe every officer and foldier to be fhuject to the law martial. With this power in the Crown, where was the neceffity of extending the provifions of the act? He added, that a few other alterations were in the bill, but he would not propofe any amendment of them. In conclufion, he moved, that the words "commiffioned officers" be left out of the claufe; and " muftered, or called into fervice by proper au

thority," be inferted in their room.-The reafon why he adopted the word mustered, was, that it was an old word, and implied pay, which was an effential requifite to make a man ainenable to martial law.

Sir Charles Gould, (Judge-Advocate General) contended, that he had never heard any objection made by military men to the clause now under confideration; on the contrary, he recollected two inftances of brevet officers, one of whom is an aid du camp to His Majefty, fitting in a juridical capacity on the trial of an officer; they were gentlemen in much efteem for their knowledge and high fenfe of honour, and he was certain that they would not have taken a funct icn upon them, unless they were fatisfied that they were entitled to it. Another much refpected officer, fome years ago, refigned all his military employments, but retained his com miffion by brevet as lieutenant-colonel, merely that he might be liable to the authority of courts martial for any act done by him whilft in command. He mentioned the cafe of General Rofs, who was fuppofed to have written difrefpectful Lys to General Boyd, and the opinion of the court mar

tial fummoned to try him, as alfo the opinion of the judges thereon he alfo noticed General Stuart's cafe, who on the death of Sir Eyre Coote fucceeded to the command of the King's forces in India by virtue of his rank in the army by brevet; the General likewife had a commiffion from the Company, and of courfe commanded all the forces. Was it therefore proper that an officer vefted with fuch high command fhould not be amenable to the laws established for the regulation of the whole army? he could not for a moment suppose it. With respect to the observation of fome perfons, that if you include brevet officers, you should also include half-pay officers, in the mutiny act; the opinion of the Legiflature was perfectly clear, that the latter were not within the meaning of the ftatute. He then put feveral fuppofitious cafes, wherein a brevet officer would be justified in taking upon him a command without a letter of fervice; and that the officer in actual rank, but inferior to the nominal one, would be juftified in fubmitting to fuch.command. The cafes were fuppofed to be those of extreme neceffity; fuch as an invafion, rebellion, &c. and where the officer was young in fervice. But even in these cafes, if the brevet officer committed mal-practices in that command, he fhould certainly be liable to the jurifdictioa of the courts martial: this he thought abfolutely neceffary, and he believed that it was the opinion of the army in general. The King had the power to add to and regulate the articles of war as he thinks proper, provided that no new offence was made capital; and every person in the army was subject to thefe articles, and liable to be punished by them: they extended to all officers. Therefore, as the queftion submitted to the judges related only to the conftruction of a clause in - the mutiny act, the articles of war were not before them.

He argued against the absurdity of compelling an inferior to be fubject to regulations to which his immediate commander was not liable, and to whom, by the laws of the army, the inferior is compelled to fubmit and must obey. He acknowledged the King's prerogative to hold courts martial abroad, and inftanced that part of the articles of war, whereby an officer acting in a fcandalous and ungentlemanlike manner was liable to be difmiffed. His Majesty, it was true, might degrade him from his rank, but was it not better to be left to the decifion of a court martial? He was therefore against the propofed amendment.

cis.

Mr. Francis diffented from the doctrine of the Advocate- Mr. FranGeneral, and faid, that the great intent of this act was, to prevent the Crown having one man more in the army than was voted by the Commons; and that all the former acts declared they must be mustered or in pay; but by taking

out