Mr. Wilberforce.

motion for the adjournment. What could be obtained by fuch a delay, but merely having an opportunity of preventing the operation which the truth and eloquence of his honourable friend's speech, should, and would otherwise have in convicting the delinquent, and redeeming the debased and forfeited character of the nation? With respect to the pretence of adjourning for the fake of deliberation, he could not admit in the least degree of its propriety. If gentlemen had not come with party prepoffeffions and personal partialities, they would not hesitate to vote when their minds were directed to embrace the cause of personal justice and national honour. Whatever might be the prejudices of individuals, it was the cause of humanity, which demanded a union of fentiment in punishment. All should unite in giving a vote which their minds must now approve for its justice, and their hearts embrace for its philanthropy. Mr. Fox now observed, that however he might confider this motion for delay as a compliment to the powers of his eloquence, yet fuch he knew was the anxious defire to obtain justice for the oppressed, whose cause he had fo honourably to himself, and so nobly for the human character, espoused, that he would much lament of his honourable friend that all his efforts had failed of their intention. No compliment paid to his merit, he was certain, would compensate for the disappointment his heart would feel, in finding all his exertions to bring the guilty to juftice, frustrated by this unexampled delay. Unexampled it was. He never knew of any debate being adjourned, without fome strong reason of neceffity being given: either some points arose that required references, or fome doubts that appeared to the House necessary to be fatisfied by giving a time sufficient for this purpose. But in the present inftance nothing of this nature had been stated as an excufe.

Mr. Wilberforce expressed his concern that the right honourable gentleman should have lavished away such a portion of time upon inere invective; upon infinuations which tended much to weaken the effect of the honourable gentleman's very able and eloquent speech, which he confefsed had made a very great impreffion on his mind; but that was a reason fufficient of itself for him to wish for time to deliberate. He despised the imputation of being confidered either as the ahettor or the protector of delinquency, nor should he shrink from any investigation of the reasons which would prompt him to vote for an adjournment, Did the right honourable gentleman wish to lead the House captive at his chariot wheels? Were they not fitting there as judges on a question of the highest importance? A question which involved in its confequences the character and fortune of one of their fellow fubjects? Was it not, therefore, fitting in them to deliberate and investigate? He paid many compliments to the eloquence of Mr. Sheridan, which he acknowledged had thrown many new and important lights on the subject; but though they had in a great degree tended to remove his doubts, still he was not ripe for decision, and he was yet afraid to give his vote, lest it should prove er

roneous.

Mr. Fox observed, that the honourable gentleman who Mr. Fox. spoke last seemed to confider every thing as invective which did not convey the grossest flattery to his right honourable friend, (Mr. Pitt.) If he had used words which could be con strued to convey invective, he was forry for it, and he would be the first to beg the right honourable gentleman's pardon; but, on the present occafion, he was not conscious of having used such words. It was very true, that he had called on the right honourable gentleman, if he had any doubts, to state them; for it was, in his mind, highly important to the cause of truth and of justice, that he should then give his opinion, He had stated too, that all who knew the right honourable gentleman, knew that he possessed abilities, and that in those abilities he had sufficient confidence to be able at any time to state his doubts. In Heaven's name, then, why did he shrink from the inquiry? Was he afraid to meet decifion? Or was he afraid to trust his cause to the present temper of the House? He hoped it was a cause like that of Cheit Sing, in which, though the right honourable gentleman had taken very confined ground, yet he had shewn that he was open to conviction. He hoped that the right honourable gentleman, for the fake of his own character, and for the sake of the reputation of his country, would, on the side he should take in the decifion of the question of that day, shew that he was equally open to conviction. Of all questions which came to that House for discussion, India questions were, of all others, those which required prompt decifion; it was dangerous to trust them to the perils of negociation, or the dangers of out-door conversation; and he fcrupled not to fay, that an adjournment, far from affisting, would enfeeble and disgrace the caufe of Mr. Hastings.

Mr. Sheridan observed, that he should not have trespassed Mr. Sheria on what he was bound to confider as the already too liberal dan. indulgence of the House, had he not felt himself called upon by the honourable gentleman, (Major Scott) who had charged him with wilful misrepresentation with respect to Colonel Hannay's evidence. Of the falsity of that charge he appealed to every gentleman who heard him. As far as his own memory served him, he declared that he had stated that evidence fairly and fully: but if he had not, he was perfectly ready to

allow the honourable gentleman every advantage which he VOL. XXI.

P

could

Ma. Martin.

Mr. Mon

e.

could derive from the depofition of Colonel Hannay. With respect to the question of adjournment, the House would fee the propriety of his saying nothing on that subject.

Mr. Martin faid he had listened with admiration, and with the utmost attention, to the speech of the honourable gentleman who had opened the debate: he really felt himself on that account very much fatigued, and was therefore an advocate for the adjournmet.

Mr. Montague faid that he came down to the House rather prejudiced in favour of Mr. Hastings; but, he confefsed, that the very masterly and eloquent manner in which he had that day heard the charges stated, had staggered, nay, almost convinced him of the justice of it; still, however, he was not prepared to decide, and therefore he was convinced of the propriety of an adjournment.

Mr. St. John, the Chairman of the Committee, was then proceeding to read the motion of adjournment, when Mr. Mr. Sheri- Sheridan rose and faid, that if gentlemen really meant to press dan. it to a decifion, he did not wish to take the sense of the House on the question of adjourninent.

Mr. Demp

ftor.

The motion was now read, and passed without a divifion.
The Speaker refumed the chair, and the House adjourned.

The question being moved by Mr. Francis, for the refumption of the Committee on the East-India charge againft Warren Hastings, Efq. the Speaker left the chair, and Mr. St. John took his feat at the table.

When Mr. Francis was on the point of speaking,

Mr. Dempster rose, and defired that, before the Committee should proceed upon the continuation of the adjourned debate, he might be fuffered to trouble the House with a requifition from Sir Elijah Impey.

Mr. Francis now fat down, and Mr. Dempster frated, that Sir Elijah was waiting without the door, extremely defirous of being permitted to be called to the bar, for the purpose of delivering in a written paper, containing an explanation and correction of fome few of his answers when last examined. He was the more powerfully induced to make this request, because he had difcovered his errors by a reference to fome papers at home. Mr. Dempster read the paper, and moved, "That the request of Sir Elijah Impey be granted."

Mr. Francis declared his earnest defire to have the paper in question laid on the table, if it could be done with propriety, and confiftently with the rules of the House. That it constituted a very important question, which he defired the learned gentlemen opposite to him to confider, whether a A. 1787.

DEBATES.

correction of evidence given in a judicial and a criminal proceeding, after a confiderable interval from the time when it was given, could be received consistently with justice, and with the rules established, not only in the House of Com-. mons, but in every court of justice, and in all judicial proceedings whatsoever. That it was perfectly true, that he had yesterday readily consented to the paper's being received, because he was not at that moment aware of the confequence, and because he really wished to have it: on farther confideration he saw the danger of the precedent. That this was not a correction of information given, which the oftener it was corrected the better, but of evidence offered in the course of a criminal prosecution, the alteration of which might proceed from other motives as well as a real conviction of the truth. He believed there was no precedent of fuch a correcton being admitted in similar circumstances, and therefore, very much against his inclination as to the immediate inftance, and merely for fear of establishing a dangerous precedent, he must oppose the motion.

107

Mr. Dundas observed, that in the full confidence that Sir Mr. Dundas Elijah's explanation was of no material consequence either one way or the other, he was happy when the cafe was fo circumstanced to lay down a general rule. He then contended, that if every witness could come one day and contradict what he had said the day preceding, the confufion would prove not merely inextricable but endless.

The Solicitor General said, that the House would be at once The Soliciled to a decision upon the matter, by supposing, as a case in tor General. point, that two witnesses were examined the same day, and both agreed. If in that cafe, one came the next, desired to re-examined, and contradicted what he had before faid, then the facts established by their concurrence would be let loose, and the task of adducing evidence could not possibly approach to a conclufion.

Mr. Dempster's motion was negatived.

Mr. Francis having now risen a second time, was intere rupted by

Sir William Dolben, who defired leave to explain and juf- Sir W. tify his conduct in moving for the adjournment of the night Dolben. before.

Mr. Francis at last was permitted to proceed. He began Mr. Francis, with observing how often he had been interrupted, and that so many interruptions were enough to difcompose and embarrass a better practised speaker than himself. That, however, he had no thoughts of making a formal, regular speech; certainly, not a long one. That he hoped the few points which he meant to submit to the Committee, would appear to be material, notwithstanding any diforder in stating them;

P2

and

and if they did, gentlemen would undoubtedly give them their due weight, and make a proper arrangement of them in their own minds.

1

With respect to the adjournment, he frankly acquitted Mr. Pitt of the intention attributed out of doors to that measure. His own mind, his own sense of honour, would not fuffer him to suspect that right honourable gentleman of intending a stratagem so unworthy of himself. That, nevertheless, the effect and impression of the adjournment on the public mind and judgement certainly was, that it was deliberately contrived to gain time for calling in new power, and that power to decide, which had not heard Mr. Sheridan's speech; or, at least, to counteract by delay what could not be refifted by argument; namely, the instant impression made by that speech upon the minds of all who heard it; as if the hour of conviction ought not to be the period of decision. That he had wished to pay his tribute of applause to that wonderful performance at the moment, when the impression of it was strong upon him; that he doubted much whether he should have been able to do it even then, in the instant of feeling, nor should he be able to do it now, after many hours of reflection. That to do justice to the ability, to the industry, to the arguments, and to the astonishing eloquence of his honourable friend, would require a power of ability and eloquence approaching to his own; he should therefore leave that task to others; that he himself looked higher-to the moral mind, that created and directed the intellectual power; to the honourable, generous, and virtuous heart, which was the true source of all those splendid efforts and brilliant operations of intellect, which the House had only admired as acts of the understanding; to that he attached himself. That he had always confidered the human heart as the real source of human wisdom and folly, as well as of virtue and vice; that therefore the Book of Wisdom, to express the extremity of all folly, had declared, the fool faid in his heart. If this were true, the world would measure the virtues of his honourable friend by his abilities; they would judge of the pure and copious fountain by the magnificence of the stream, and give him a higher and more honourable place than even among the greatest of mankind. That his virtues, and, of course, his abilities, swelled and expanded, according to the occafion that brought them into action, and spontaneously rose to a level with the new office which they were called upon to execute. To him, indeed, that day had decreed a glorious triumph; a triumph independent of victory; and, if defeat were possible, victorious in defeat.

Mr. Francis then entered upon a statement and explanation of some particulars relative to the question, which were not,

he