upon good grounds, for he had a thorough knowledge of the mode of diftributing presents in India, to all amounts, and for all purposes. (a laugh] Observing this, Mr. Francis faid that he believed, no gentleman in the Committee thought he had taken any presents corruptly. He certainly had not; but no man who knew any thing of India could imagine, that a present of 100,000l, could not pass from so extraordinary a perfon, to so extraordinary a person, and under such extraordinary circumstances, without being liable to imputation of a very fufpicious nature. He remarked, that an honourable gentleman (Major Scott) in the course of his speech, had introduced some mention of the treaty made between the Company and the late Sujah Dowlah, as if it were to be imputed to General Clavering, Colonel Monfon, and himself, as a matter of blame that they had declared that treaty at an end, when Sujah Dowlah died. They had done it, and for this reafon; because it was a personal treaty. It could be no other, for Sujah Dowlah was a Subahdar, and a Subahdar could have no successors. He illustrated the meaning by putting the hypothetical cafe, that a King of France was to make a treaty of any kind with a Lord Lieutenant of Ireland; that treaty must be personal, and could not be denominated a treaty between the Most Christian King, and the Lord Lieutenant of Ireland, his heirs and fucceffors, because they all knew that a Lord Lieutenant held his office under the crown and possessed no right of inheritance to his office. Mr. Francis alluded to a transaction which had taken place the other night, when Sir Elijah Impey was at the bar, and declared that he perfectly understood what was meant, and had no doubt, but the queftion put to the witness, and which the witness had, with an affected delicacy, defired not to answer, was a pre-concerted matter. He reminded the Committee, that he had called the witness back, and refused to accept any pretended civility upen such terms. This was (Mr. Francis faid) a proof of the meanness to which those could descend, whom that House had heard praised for their magnanimity and greatness of mind. Mr. Francis now took up the character of Mr. Shee, the British resident at Farruckabad, to rescue it from the infinuation Mr. Haftings had thrown on it; he also produced a letter from Mr. Shee, stating that he had at that time (in 1782) just left Mr. Hastings at the Council Board, where he had entered a ininute, expressing in strong terms the highest opinion of his character.

Mr. Burgess declared, that the honourable gentleman who Mr.Burgess spoke laft had been mistaken in conceiving that the question which he had put to Sir Elijah Impey had been put by him in consequence of any preconcerted plan. He had put the queftion merely for information fake, and on no other account what

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Mr. Vanfittart.

whatever. He had never feen Mr. Hastings in his life, and was a stranger to Sir Elijah Impey.

Mr. Vanfi tart contended, that as the affair of the present received by Mr. Hastings, from the Nabob of Oude, appeared to have made some impression on gentlemen's minds, it was necessary for him to state that Mr. Hastings never had a fhilling of it, but that he wrote notice home to the Directors. Mr. Vanfittart entered into a defence of Mr. Hastings in other respects, and pleaded in his behalf, justifying his.conduct throughout the many transactions stated in the charge under confideration.

Mr. Burke declared, that the charge consisted of a number of complicated crimes, each of them, in his mind, of a moft heinous nature, each serving to throw light upon and prove the other. It was peculiar to Mr. Hastings to do every thing in an indirect way, and to prepare for and blend his most serious transactions with a heap of farcical mummery, that there was scarcely any one instance in which he had not carried the extent of his despotic powers to their highest extent, and manifefted the most violent degree of oppreffion and tyranny, but that although the tragical event was sure to excite horror, the means by which it was effected had always fomething in it which provoked ridicule. An example of this was, no doubt, to be found in the whimsical scene, which must have presented itself to the beholder, could an person have been prefent at Chunar when Mr. Hastings was employed in juggling the Nabob Vizier to fign a treaty, which treaty he knew at the time there would be an absolute neceffity to break foon afterwards, and with the conditions of which he never meant to comply. Mr. Burke here imagined Mr. Haftings, the Nabob of Oude, and Mr. Middleton to be in the fame room together, and defcribed Mr. Hastings as presenting one treaty to the Vizier, and when he was ready to fign it, fuddenly drew another treaty out of his pocket, and flipping it before the Nabob, telling him either himself or by Mr. Middleton, that he must have a very different treaty to shew in Leadenhall-ftreet, from that which they meant to act under; he begged he would fign that, but that he would comply with the conditions of the other; for though he had often broken his faith, and meant to do so again, yet that he might reft affured he would be honest to him. Mr. Burke used some arguments to prove that the taking 100,0001. of a man in fuch known diftress as the Nabob of Oude was at the moment when Mr. Hastings took it, and when he stood so deeply indebted to the Company, was corrupt and scandalous; and that nothing could be more wicked than the making a treaty, and pledging the faith of the Company, when at the time the contracting party in their behalf knew that he should himself

create the neceffity to break it, and thus wantonly facrifice and violate the folemn engagement of the Company. This was furely a most criminal act, and alone deserved to draw down the heavy arm of justice on the delinquent capable of such conduct. With regard, to what had been faid by the right honourable gentleman, it ought to have its weight, because they could not in a proceeding of so much magnitude and importance, measure their steps with too much prudence. " Nullum numen abeft, fi fit prudentia." Let it however, for the present, be remembered, they were not yet arrived at the day, when it would be neceffary to determine, what of the articles which that Committee had voted, would, upon principles of prudence and expediency, be fit to go up to the House of Lords.*

Sir Jam's Johnstone rose again, and faid, that he understood sir j. Johne that some gentlemen had not conceived why he should vote ftone. for the charge; he begged, therefore, to state the reason, and then they would know why. A fum of 100,Cool. had been taken of the Nabob by Mr. Hastings, and it was said that he had afterwards written home to the Directors, and told them they might have it. Was that any reason why Mr. Haftings should not be tried. Suppose he robbed a man on Westminster Bridge, and afterwards threw the money into the river; or suppose he was to squeese an hundred thousand pounds out of a rich banker's shop, and go and give it to a parcel of poor wretches, ought not he to be taken up, to be tried, and if convicted, hanged for it?

Lord Mulgrave argued against the light in which the several Lord Muleffential points of the present charge had been placed by those grave. who had fpoken before. He justified the Nabob of Oude, for his wishing Mr. Shee, the refident at Farruckabad, to be recalled. He faid that the Vizier well knew that the moment a British resident set his foot in the dominions of an Indian Prince, he instantly drew to himself all the power belonging to the territory, and became, as it were, its master. Mr. Shee had been sent up to Farruckabad as an agent for the Nabob of Oude, and he was obliged to go to the Vizier for his powers, when he demanded a Purgunnah, but the Vizier would not grant it, but faid, "No, go upon your tunca, (or mortgage) " and collect that, it is all you have a right to." This therefore shewed that Mr. Shee went to Farruckabad merely as a bailiff's follower, carrying the writ of execution into a debtor's house; and yet they might fee a letter from Mr. Shee, written with all the pomp, and parade of a general officer, and

* For a farther elucidation on this subject, it may be neceffary for the reader to confult Mr. Burke's charges against Mr. Hastings, printed for Debrett. VOL. XXI.

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Mr. Demp

Rer.

Mr.Dundas

flating that he had taken a fort by fap. A plain proof, how much reason there was for the Nabob Vizier to wish to have no more British residents in his provinces. He added, that we had reason to be thankful that India was at fuch diftance from us; for, it was plain that in order to manage the difficult government of that country, fome things were unavoidable, at which an Englishman, who lived under a constitution so extremely different, could not look with patience; but that very circumstance proved, that we were not fit judges of the conduct of a man who had acted upon the whole fo glorioufly for his country as Mr. Hastings, and who, had his scene of action been placed nearer our view (he was perfuaded) would have been more universally admired.

Mr. Francis explained, that the fort which Mr. Shee had taken (as the noble Lord had faid) by sap, was merely a mud fort, in which a rebellious zemindar had fecreted himself. And when Mr. Shee took him, there was no British force in that part of the country. He had only a fmall party of the Nabob of Farruckabad's rabble. Mr. Francis faid, that the imbecility of Muzuffer Jung was occafioned by his intoxicating himself with opium and strong liquors, in order to deaden the sense of the misery which Mr. Hastings had brought on him.

Mr. Dempster complimented the honourable gentleman who fpoke last, but faid that it was not merely Muzuffer Jung who fwallowed large quantities of opium, and intoxicated himself with liquors and herbs which had a fimilar effect; every prince in India did the fame, in order to lose the sense of the poverty and distress the British government had brought on them, and the devastation that British rapine had occafioned in their territories. But this was no new matter; they had taken opium, and made themfelves drunk with liquors and herbs long before Mr. Hastings was in India, and they did the fame now Mr. Hastings was in England. It was the fad refource they had been driven to ever since we fet foot in India to deprive them of their personal rights and riches. Mr. Dempfter observed, that a right honourable and learned gentleman (Mr. Dundas) who fpoke early in the debate, had not, when he fat down, quite made up his mind, but had declared that if two doubts which he entertained could be refolved fatisfactorily, he would vote against the charge. He would endeavour to folve those doubts. He then slated that the Nabob of Oude had ftipulated in the treaty of Chunar, that Mr. Shee should be recalled from Farruckabad, and therefore Mr. Hastings was bound to comply with the conditions of the treaty.

Mr. Dundas reflated his principal doubt, which was, that Mr. Haftings, after having engaged to protect the Nabeb of Farruckabad, had reduced the Nabob to this alternative, either

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either to put up with the oppreffion of the Nabob of Oude, or to be pillaged by his own fubjects and servants. Mr. Dundas declared, that he had not heard one fyllable to remove those doubts; and therefore, however he might in the early stage of the debate, have entertained doubts of the culpability of Mr. Haftings, he now fat down fully confirmed to vote for the motion.

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Major Scott owned that the objection had not ftruck him, Major Scott and therefore he was not prepared to meet it.

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Lord Hood now rose, and faid, I do not rife, Sir, to ob- Ld. Hood. trude myself upon the time and patience of the House for more than five minutes; but I cannot content myself with giving a filent vote upon the present occafion, and must beg the indulgence of the Committee to express my humble sentiments in a very few words respecting the late Governor General of India, the fubject of this night's debate.

I never, Sir, faw Mr. Hastings but once, and that for three minutes only, foon after his return to England, nor - have I ever had any fort of intercourse or connection with him, and he is so much a ftranger to me, that I do not believe I should recollect his person, was I accidentally to meet him any where; but I confefs, Sir, I admire and respect his character, for having so invariably made all personal confideration to himself give way to his regard for the interest and welfare of his country; and I am free also to confefs, that the several very eloquent and able speeches I have heard, particularly the one fo forcibly delivered by the honourable member who opened the debate, or what has been delivered at the bar of this House, have not altered my opinion of him; being very sensible, Sir, and perfectly well aware, how very arduous and difficult Mr. Haftings' fituation was, furrounded on all fides by such preffing difficulties, that almost any other man must have funk under; but, by his great fortitude, perfevering zeal, and uncommon abilities, he rose superior to them all, and proved himself moft clearly the preserver of India to this country. I have, Sir, to the best of my poor judgement, very maturely weighed and confidered Mr. Haftings' errors and supposed delinquencies, and having fairly and impartially balanced against them his eminent services and real merit, I cannot hefitate one moment how to give my vote; and if, Sir, the representatives of the nation in Parliament will not condescend to adopt that mode of judging men in high trust and command upon foreign service in war, miferable and unfortunate indeed must be their situations; for I will be bold to say, Sir, there never was a man in command abroad, in time of war, that has not found it his duty to do, as an officer, for the good of the public service committed to him, what he could not reconcile to be perfectly confonant to the strict rules of equity and justice, or to his own feelings, as a man acting in a pri

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