The History of England, from the Accession of James the Second - Volume 4 by Thomas Babington Macaulay (well read books txt) π
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Montague, and carried, after a debate of two days, by a hundred and eighty-eight votes to a hundred and fifty-two.491 But when the victorious party brought forward a motion inculpating the admirals, the Tories came up in great numbers from the country, and, after a debate which lasted from nine in the morning till near eleven at night, succeeded in saving their friends. The Noes were a hundred and seventy, and the Ayes only a hundred and sixty-one. Another attack was made a few days later with no better success. The Noes were a hundred and eighty-five, the Ayes only a hundred and seventy-five. The indefatigable and implacable Wharton was on both occasions tellers for the minority.492
In spite of this check the advantage was decidedly with the Whigs; The Tories who were at the head of the naval administration had indeed escaped impeachment; but the escape had been so narrow that it was impossible for the King to employ them any longer. The advice of Sunderland prevailed. A new Commission of Admiralty was prepared; and Russell was named First Lord. He had already been appointed to the command of the Channel fleet.
His elevation made it necessary that Nottingham should retire. For, though it was not then unusual to see men who were personally and politically hostile to each other holding high offices at the same time, the relation between the First Lord of the Admiralty and the Secretary of State, who had charge of what would now be called the War Department, was of so peculiar a nature that the public service could not be well conducted without cordial cooperation between them; and between Nottingham and Russell such cooperation was not to be expected. "I thank you," William said to Nottingham, "for your services. I have nothing to complain of in your conduct. It is only from necessity that I part with you." Nottingham retired with dignity. Though a very honest man, he went out of office much richer than he had come in five years before. What were then considered as the legitimate emoluments of his place were great; he had sold Kensington House to the Crown for a large sum; and he had probably, after the fashion of that time, obtained for himself some lucrative grants. He laid out all his gains in purchasing land. He heard, he said, that his enemies meant to accuse him of having acquired wealth by illicit means. He was perfectly ready to abide the issue of an inquiry. He would not, as some ministers had done, place his fortune beyond the reach of the justice of his country. He would have no secret hoard. He would invest nothing in foreign funds. His property should all be such as could be readily discovered and seized.493
During some weeks the seals which Nottingham had delivered up remained in the royal closet. To dispose of them proved no easy matter. They were offered to Shrewsbury, who of all the Whig leaders stood highest in the King's favour; but Shrewsbury excused himself, and, in order to avoid further importunity, retired into the country. There he soon received a pressing letter from Elizabeth Villiers. This lady had, when a girl, inspired William with a passion which had caused much scandal and much unhappiness in the little Court of the Hague. Her influence over him she owed not to her personal charms,-for it tasked all the art of Kneller to make her look tolerably on canvass,-not to those talents which peculiarly belong to her sex,-for she did not excel in playful talk, and her letters are remarkably deficient in feminine ease and grace-, but to powers of mind which qualified her to partake the cares and guide the counsels of statesmen. To the end of her life great politicians sought her advice. Even Swift, the shrewdest and most cynical of her contemporaries, pronounced her the wisest of women, and more than once sate, fascinated by her conversation, from two in the afternoon till near midnight.494 By degrees the virtues and charms of Mary conquered the first place in her husband's affection. But he still, in difficult conjunctures, frequently applied to Elizabeth Villiers for advice and assistance. She now implored Shrewsbury to reconsider his determination, and not to throw away the opportunity of uniting the Whig party for ever. Wharton and Russell wrote to the same effect. In reply came flimsy and unmeaning excuses: "I am not qualified for a court life; I am unequal to a place which requires much exertion; I do not quite agree with any party in the State; in short, I am unfit for the world; I want to travel; I want to see Spain." These were mere pretences. Had Shrewsbury spoken the whole truth, he would have said that he had, in an evil hour, been false to the cause of that Revolution in which he had borne so great a part, that he had entered into engagements of which he repented, but from which he knew not how to extricate himself, and that, while he remained under those engagements, he was unwilling to enter into the service of the existing government. Marlborough, Godolphin and Russell, indeed, had no scruple about corresponding with one King while holding office under the other. But Shrewsbury had, what was wanting to Marlborough, Godolphin and Russell, a conscience, a conscience which indeed too often failed to restrain him from doing wrong, but which never failed to punish him.495
In consequence of his refusal to accept the Seals, the ministerial arrangements which the King had planned were not carried into entire effect till the end of the session. Meanwhile the proceedings of the two Houses had been highly interesting and important.
Soon after the Parliament met, the attention of the Commons was again called to the state of the trade with India; and the charter which had just been granted to the Old Company was laid before them. They would probably have been disposed to sanction the new arrangement, which, in truth, differed little from that which they had themselves suggested not many months before, if the Directors had acted with prudence. But the Directors, from the day on which they had obtained their charter, had persecuted the interlopers without mercy, and had quite forgotten that it was one thing to persecute interlopers in the Eastern Seas, and another to persecute them in the port of London. Hitherto the war of the monopolists against the private trade had been generally carried on at the distance of fifteen thousand miles from England. If harsh things were done, the English did not see them done, and did not hear of them till long after they had been done; nor was it by any means easy to ascertain at Westminster who had been right and who had been wrong in a dispute which had arisen three or four years before at Moorshedabad or Canton. With incredible rashness the Directors determined, at the very moment when the fate of their company was in the balance, to give the people of this country a near view of the most odious features of the monopoly. Some wealthy merchants of London had equipped a fine ship named the Redbridge. Her crew was numerous, her cargo of immense value. Her papers had been made out for Alicant: but there was some reason to suspect that she was really bound for the countries lying beyond the Cape of Good Hope. She was stopped by the Admiralty, in obedience to an order which the Company obtained from the Privy Council, doubtless by the help of the Lord President. Every day that she lay in the Thames caused a heavy expense to the owners. The indignation in the City was great and general. The Company maintained that from the legality of the monopoly the legality of the detention necessarily followed. The public turned the argument round, and, being firmly convinced that the detention was illegal, drew the inference that the monopoly must be illegal too. The dispute was at the height when the Parliament met. Petitions on both sides were speedily laid on the table of the Commons; and it was resolved that these petitions should be taken into consideration by a Committee of the whole House. The first question on which the conflicting parties tried their strength was the choice of a chairman. The enemies of the Old Company proposed Papillon, once the closest ally and subsequently the keenest opponent of Child, and carried their point by a hundred and thirty-eight votes to a hundred and six. The Committee proceeded to inquire by what authority the Redbridge had been stopped. One of her owners, Gilbert Heathcote, a rich merchant and a stanch Whig, appeared at the bar as a witness. He was asked whether he would venture to deny that the ship had really been fitted out for the Indian trade. "It is no sin that I know of," he answered, "to trade with India; and I shall trade with India till I am restrained by Act of Parliament." Papillon reported that in the opinion of the Committee, the detention of the Redbridge was illegal. The question was then put, that the House would agree with the Committee. The friends of the Old Company ventured on a second division, and were defeated by a hundred and seventy-one votes to a hundred and twenty-five.496
The blow was quickly followed up. A few days later it was moved that all subjects of England had equal right to trade to the East Indies unless prohibited by Act of Parliament; and the supporters of the Old Company, sensible that they were in a minority, suffered the motion to pass without a division.497
This memorable vote settled the most important of the constitutional questions which had been left unsettled by the Bill of Rights. It has ever since been held to be the sound doctrine that no power but that of the whole legislature can give to any person or to any society an exclusive privilege of trading to any part of the world.
The opinion of the great majority of the House of Commons was that the Indian trade could be advantageously carried on only by means of a joint stock and a monopoly. It might therefore have been expected that the resolution which destroyed the monopoly of the Old Company would have been immediately followed by a law granting a monopoly to the New Company. No such law, however, was passed. The Old Company, though not strong enough to defend its own privileges, was able, with the help of its Tory friends, to prevent the rival association from obtaining similar privileges. The consequence was that, during some years, there was nominally a free trade with India. In fact, the trade still lay under severe restrictions. The private adventurer found indeed no difficulty in sailing from England; but his situation was as perilous as ever when he had turned the Cape of Good Hope. Whatever respect might be paid to a vote of the House of Commons by public functionaries in London, such a vote was, at Bombay or Calcutta, much less regarded than a private letter from Child; and Child still continued to fight the battle with unbroken spirit. He sent out to the factories of the Company orders that no indulgence should be shown to the intruders. For the House of Commons and for its resolutions he expressed the bitterest contempt. "Be guided by my instructions," he wrote," and not by the nonsense of a few ignorant country gentlemen who have hardly wit enough to manage their own private affairs, and who know nothing at all about questions of trade." It appears that his directions were obeyed.
Every where in the East, during this period of anarchy, servant of the Company and the independent merchant waged war on each other, accused each other of piracy, and tried by every
In spite of this check the advantage was decidedly with the Whigs; The Tories who were at the head of the naval administration had indeed escaped impeachment; but the escape had been so narrow that it was impossible for the King to employ them any longer. The advice of Sunderland prevailed. A new Commission of Admiralty was prepared; and Russell was named First Lord. He had already been appointed to the command of the Channel fleet.
His elevation made it necessary that Nottingham should retire. For, though it was not then unusual to see men who were personally and politically hostile to each other holding high offices at the same time, the relation between the First Lord of the Admiralty and the Secretary of State, who had charge of what would now be called the War Department, was of so peculiar a nature that the public service could not be well conducted without cordial cooperation between them; and between Nottingham and Russell such cooperation was not to be expected. "I thank you," William said to Nottingham, "for your services. I have nothing to complain of in your conduct. It is only from necessity that I part with you." Nottingham retired with dignity. Though a very honest man, he went out of office much richer than he had come in five years before. What were then considered as the legitimate emoluments of his place were great; he had sold Kensington House to the Crown for a large sum; and he had probably, after the fashion of that time, obtained for himself some lucrative grants. He laid out all his gains in purchasing land. He heard, he said, that his enemies meant to accuse him of having acquired wealth by illicit means. He was perfectly ready to abide the issue of an inquiry. He would not, as some ministers had done, place his fortune beyond the reach of the justice of his country. He would have no secret hoard. He would invest nothing in foreign funds. His property should all be such as could be readily discovered and seized.493
During some weeks the seals which Nottingham had delivered up remained in the royal closet. To dispose of them proved no easy matter. They were offered to Shrewsbury, who of all the Whig leaders stood highest in the King's favour; but Shrewsbury excused himself, and, in order to avoid further importunity, retired into the country. There he soon received a pressing letter from Elizabeth Villiers. This lady had, when a girl, inspired William with a passion which had caused much scandal and much unhappiness in the little Court of the Hague. Her influence over him she owed not to her personal charms,-for it tasked all the art of Kneller to make her look tolerably on canvass,-not to those talents which peculiarly belong to her sex,-for she did not excel in playful talk, and her letters are remarkably deficient in feminine ease and grace-, but to powers of mind which qualified her to partake the cares and guide the counsels of statesmen. To the end of her life great politicians sought her advice. Even Swift, the shrewdest and most cynical of her contemporaries, pronounced her the wisest of women, and more than once sate, fascinated by her conversation, from two in the afternoon till near midnight.494 By degrees the virtues and charms of Mary conquered the first place in her husband's affection. But he still, in difficult conjunctures, frequently applied to Elizabeth Villiers for advice and assistance. She now implored Shrewsbury to reconsider his determination, and not to throw away the opportunity of uniting the Whig party for ever. Wharton and Russell wrote to the same effect. In reply came flimsy and unmeaning excuses: "I am not qualified for a court life; I am unequal to a place which requires much exertion; I do not quite agree with any party in the State; in short, I am unfit for the world; I want to travel; I want to see Spain." These were mere pretences. Had Shrewsbury spoken the whole truth, he would have said that he had, in an evil hour, been false to the cause of that Revolution in which he had borne so great a part, that he had entered into engagements of which he repented, but from which he knew not how to extricate himself, and that, while he remained under those engagements, he was unwilling to enter into the service of the existing government. Marlborough, Godolphin and Russell, indeed, had no scruple about corresponding with one King while holding office under the other. But Shrewsbury had, what was wanting to Marlborough, Godolphin and Russell, a conscience, a conscience which indeed too often failed to restrain him from doing wrong, but which never failed to punish him.495
In consequence of his refusal to accept the Seals, the ministerial arrangements which the King had planned were not carried into entire effect till the end of the session. Meanwhile the proceedings of the two Houses had been highly interesting and important.
Soon after the Parliament met, the attention of the Commons was again called to the state of the trade with India; and the charter which had just been granted to the Old Company was laid before them. They would probably have been disposed to sanction the new arrangement, which, in truth, differed little from that which they had themselves suggested not many months before, if the Directors had acted with prudence. But the Directors, from the day on which they had obtained their charter, had persecuted the interlopers without mercy, and had quite forgotten that it was one thing to persecute interlopers in the Eastern Seas, and another to persecute them in the port of London. Hitherto the war of the monopolists against the private trade had been generally carried on at the distance of fifteen thousand miles from England. If harsh things were done, the English did not see them done, and did not hear of them till long after they had been done; nor was it by any means easy to ascertain at Westminster who had been right and who had been wrong in a dispute which had arisen three or four years before at Moorshedabad or Canton. With incredible rashness the Directors determined, at the very moment when the fate of their company was in the balance, to give the people of this country a near view of the most odious features of the monopoly. Some wealthy merchants of London had equipped a fine ship named the Redbridge. Her crew was numerous, her cargo of immense value. Her papers had been made out for Alicant: but there was some reason to suspect that she was really bound for the countries lying beyond the Cape of Good Hope. She was stopped by the Admiralty, in obedience to an order which the Company obtained from the Privy Council, doubtless by the help of the Lord President. Every day that she lay in the Thames caused a heavy expense to the owners. The indignation in the City was great and general. The Company maintained that from the legality of the monopoly the legality of the detention necessarily followed. The public turned the argument round, and, being firmly convinced that the detention was illegal, drew the inference that the monopoly must be illegal too. The dispute was at the height when the Parliament met. Petitions on both sides were speedily laid on the table of the Commons; and it was resolved that these petitions should be taken into consideration by a Committee of the whole House. The first question on which the conflicting parties tried their strength was the choice of a chairman. The enemies of the Old Company proposed Papillon, once the closest ally and subsequently the keenest opponent of Child, and carried their point by a hundred and thirty-eight votes to a hundred and six. The Committee proceeded to inquire by what authority the Redbridge had been stopped. One of her owners, Gilbert Heathcote, a rich merchant and a stanch Whig, appeared at the bar as a witness. He was asked whether he would venture to deny that the ship had really been fitted out for the Indian trade. "It is no sin that I know of," he answered, "to trade with India; and I shall trade with India till I am restrained by Act of Parliament." Papillon reported that in the opinion of the Committee, the detention of the Redbridge was illegal. The question was then put, that the House would agree with the Committee. The friends of the Old Company ventured on a second division, and were defeated by a hundred and seventy-one votes to a hundred and twenty-five.496
The blow was quickly followed up. A few days later it was moved that all subjects of England had equal right to trade to the East Indies unless prohibited by Act of Parliament; and the supporters of the Old Company, sensible that they were in a minority, suffered the motion to pass without a division.497
This memorable vote settled the most important of the constitutional questions which had been left unsettled by the Bill of Rights. It has ever since been held to be the sound doctrine that no power but that of the whole legislature can give to any person or to any society an exclusive privilege of trading to any part of the world.
The opinion of the great majority of the House of Commons was that the Indian trade could be advantageously carried on only by means of a joint stock and a monopoly. It might therefore have been expected that the resolution which destroyed the monopoly of the Old Company would have been immediately followed by a law granting a monopoly to the New Company. No such law, however, was passed. The Old Company, though not strong enough to defend its own privileges, was able, with the help of its Tory friends, to prevent the rival association from obtaining similar privileges. The consequence was that, during some years, there was nominally a free trade with India. In fact, the trade still lay under severe restrictions. The private adventurer found indeed no difficulty in sailing from England; but his situation was as perilous as ever when he had turned the Cape of Good Hope. Whatever respect might be paid to a vote of the House of Commons by public functionaries in London, such a vote was, at Bombay or Calcutta, much less regarded than a private letter from Child; and Child still continued to fight the battle with unbroken spirit. He sent out to the factories of the Company orders that no indulgence should be shown to the intruders. For the House of Commons and for its resolutions he expressed the bitterest contempt. "Be guided by my instructions," he wrote," and not by the nonsense of a few ignorant country gentlemen who have hardly wit enough to manage their own private affairs, and who know nothing at all about questions of trade." It appears that his directions were obeyed.
Every where in the East, during this period of anarchy, servant of the Company and the independent merchant waged war on each other, accused each other of piracy, and tried by every
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