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covered extraordinary merit in those very | tion of my public conduct, there are two
acts which were voted as grounds for im-leading, and, as it appears to me, exclu-
peachment; and, therefore, whenever he sive objects, of equal and reciprocal obli-
had stated the merits of Mr. Hastings, gation; namely, that justice may be done
or whenever he might state them hereafter, to the nation in the redress or punishment
it neither was nor could be upon the most of wrongs, which it may be eventually
distant idea of setting them off against proved that it has sustained by my acts;
supposed delinquencies. An hon. gen- and that justice may be done to an indi
tleman had said, very truly, that it was his vidual, who may be eventually proved to
intention to oppose the report in this have been wronged by unfounded accu-
stage, but he would not presume to set up sations, and who even thinks that he has
his own opinion contrary to the general a claim to the applause of his country, for
wish or sense of the House; and it cer- those very acts which have been drawn
tainly was the sense of the House to post-into crimination against him.-If it shall
pone the debate until after the recess.
The Major said, that as he understood it,
the resolutions were to be read merely
pro forma, that the charges were then to
be sent to a committee, that articles were
to be presented and reported, and upon
the report of those articles, he presumed,
that the debate might come on with more
propriety than at the present moment,
since, in fact, the report was a part of the
present proceeding. But he was perfectly
free to say, that if the articles should be
received in the report, it was not his in-
tention, by any means, to oppose the final
vote of impeachment. In saying this, he
hoped that it would not be irregular to
declare, that he spoke the sentiments of
Mr. Hastings. If the articles should be
reported, he even wished the impeach-
ment to follow; and if the House would
indulge him, he would read as a part of
his speech, Mr. Hastings's sentiments, in
his own words. They were as follow:-

be resolved by the honourable House of
Commons to agree to the report of the
committee, that is to say, if it shall be
resolved that there is ground for impeach-
ing me for high crimes and misdemeanors,
on the charges on which the committee
have already passed that decision; I pre-
sume, that the resolution for the impeach-
ment ought to follow of course, as the
only means which can satisfy the justice
of the nation in the supposition of my
guilt, or clear my character in the sup-
position of my innocence.
With regard
to the first of these conclusions I have
no claim: but for the last, I may, in
common with the meanest of the subjects
of this realm, assert my right to the benefit
and protection of its laws; and I trust, that
the honourable House of Commons, which
has ever been considered as the guardian
and protector of the laws, will not suffer
my name to be branded with the foulest
and blackest imputations upon their re-
cords without allowing me at the same
time the only legal means of effacing them,
by transferring them for trial to the House
of Peers in the form of an impeachment.—
To this opinion I humbly beg leave to
add my request, and it is the only request
or application which I have hitherto per-
mitted myself to make to any of the indi-
vidual members of the House on the pro-
cess of this business, that if it shall be
resolved on the report, that there is
ground to charge me with high crimes
and misdemeanors, they will afford me
the benefit of their votes, though united
with those of my prosecutors, that I may
be brought to legal trial for the same.

"Though it might be deemed presumption in me to declare any wish or expectation concerning the mode in which the House of Commons may, in its wisdom or justice, determine to proceed in the prosecution of the inquiry into my conduct, now depending before them; yet as it has been reported, that many gentlemen, members of that honourable assembly, who have not chosen to give their constant attendance on the committee holden on this business, have expressed their determination of opposing the general question of impeachment, when it shall be brought before the collective body of this House; I hope I may, without irregularity, or the imputation of disrespect, intimate my sense of such a determination, both as it may respect that question, and the claim Mr. Fox said, that after the letter which which I conceive I possess to attendance the hon. major had read, and after his on the question upon the report, which in own declaration as to the point at which the due order of business will precede it. he meant to aim, the preventing the resopresume that in the present examina-lutions from standing on the Journals, it

"WARREN HASTINGS."

would prove extremely unfair if he were himself more embarrassed than during the not to warn the hon. major that the fit op- space of the last hour, when, without any portunity for him to rise, with any hope question for their arguments, gentlemen of success, was at that moment, since, if were inclined to continue a debate, more he let so favourable an occasion slip, the likely to create difference of opinion than very circumstance which he wished to that unanimity which they all seemed so avoid must happen: the resolutions must desirous of preserving. When the right stand upon the Journals, where the agree- hon. gentleman opposite to him and his ing to read them a second time would right hon. friend, who was absent, had so inevitably place them. Mr. Fox added, highly distinguished themselves the prethat he differed from his hon. friend as to ceding night by their excellent and very the right hon. gentleman opposite. Most able speeches, he was rather more inclined certainly there would be a stage of the to the opinion of the right hon. gentleman business when that right hon. gentleman opposite to him, than to that of his right might with as much propriety as at pre- hon. friend; but, on consulting the Joursent, if not with more, and with full as nals, and searching for precedents, he was much advantage, argue his differences of happy to find, that there were so many, opinion relative to the charge about the and those so very different, that scarcely contracts and the charge relative to Be- any one mode of conducting the impeachnares. With regard to the agreement to ment appeared, which the House might send the resolutions to a committee, and have chosen to pursue, or which it might not to go immediately to the question of not with propriety have adopted. Obimpeachment, he at least, he supposed, serving the matter to stand thus, he had might be presumed to consider himself as felt no sort of difficulty in giving way to one who had not acceded to it. Indeed his right hon. friend when the object was so far from it, that whether it might be to go up to the House of Lords with a called obstinacy, or any thing else, he at strong hand; and therefore he could not that moment felt as decidedly as ever, in but regret that the right hon. gentleman favour of coming to an immediate question should, contrary to his usual custom, have of impeachment, as the only true consti- shown so much ill-timed pertinacity, as to tutional mode of proceeding; and sure he rise up still rooted in his old opinion. On was, that no other mode, near so safe, the preceding evening, Mr. Dundas said, could be adopted, and that to adopt any he thought it was becoming in the right other, was to be guilty of a breach of the hon. gentleman to throw out those argurules, and a violation of the old established ments which he had so ably urged in forms of proceeding in that House. In favour of an immediate question of imrespect to there having been any agree-peachment; it was incumbent upon him in ment, not to debate the resolutions, the a manner to purge himself of the ideas very reverse was the fact. It had indeed which he then entertained; but he saw no been said the preceding night, that if reason whatever for his still adhering with there was not likely to be any great dif- a pertinacity, or rather pervivacity, to an ference of opinion upon the resolutions, argument which could not lead to the then it would be right to read them attainment of any good whatever. With directly a second time; but when the hon. as little reason had other gentlemen major, who spoke last, declared that he pressed his right hon. friend to come that should enter into an argument upon them evening to a discussion of his differences much at length, it was determined to of opinion respecting the charge about adjourn the consideration of them to this the contracts, and the charge relative to day for the express purpose of debating Benares. There was a line of conduct them. If, therefore, the hon. major did perfectly becoming for his right hon. not seize the opportunity, he did not friend to act upon, during his present act up to a very natural and fair sen- doubts in regard to the charges he had timent expressed by Mr. Hastings in his mentioned, and which under the same letter just read, and which was the precise circumstances he should be proud to sentiment which the hon. major had urged adopt; but did gentlemen think it wise to the preceding evening, as his reason for press his right hon. friend to give his opiwishing to argue the resolutions. nion at the present period? Surely, a moment's consideration would teach them that in the course of a fortnight, supposing his right hon. friend yet to retain his opi

Mr. Dundas observed, that at no period whatever, since he first enjoyed the honour of a seat in the House, did he feel

nion, reasons might arise to justify his | changing it; or taking it the other way, it was imprudent on a sudden to call for decision, where no decision would do any service, and when, in all likelihood, if his right hon. friend voted against the particular resolution in question, he would doubtless meet with some support.

Mr. Burke, adverting to what Major Scott had said concerning the 7000l. belonging to Mr. Hastings, and expended by the former, declared, that he could not answer for newspaper accounts; from whence in all probability the hon. gentleman had drawn his information; but he had (he could assure the hon. gentleman) only said, that if the editor of a morning paper had taken Mr. Hastings's money, and returned him ill usage in exchange, he had served him as Mr. Hastings served Cheyt Sing, accepted his present, and instantly commenced his persecutor. With regard to the 7000l., he had spoken of it exactly as the hon. gentleman had now described it, as a sum expended in expresses to convey intelligence to India.

The following Resolutions were now read, and agreed to.

Resolved, "That this committee having considered the third article of charge of high crimes and misdemeanors against Warren Hastings, esq. late Governorgeneral of Bengal, and examined evidence thereupon, is of opinion, that there is ground for impeaching the said Warren Hastings, esq. of high crimes and misdemeanors upon the matter of the said third article.

"That this committee having consider ed the fourth article of the said charge, and examined evidence thereupon, is of opinion, that there is ground for impeaching the said Warren Hastings, esq., &c,

1781, and respecting the allowances paid to Sir Eyre Coote, and charged on the Vizier of Oude, and so far as the said articles respect the agency in 1777, and the contract in 1779, for victualling the garrison of Fort William, granted to John Belli, esq. and the agency for the supply of rice, granted to James Peter Auriol, esq. in 1780.

That this committee having considered the twenty-second article of the said charge, and examined evidence thereupon, is of opinion, that there is ground for impeaching the said Warren Hastings, esq. &c.

"That this committee having considered the eighth article of charge of high crimes and misdemeanors against Warren Hastings, esq. late Governor-general of Bengal, and examined evidence thereupon, is of opinion, that there is ground for impeaching the said Warren Hastings, esq. &c."

Mr. Burke then moved, That a committee be appointed to prepare articles of impeachment on the articles of charges, &c. He afterwards moved, that the committee consist of the following gentlemen: Edmund Burke, C. J. Fox, R. B. Sheridan, Sir James Erskine, Tho. Pelham, W. Windham, hon. St. Andrew, St. John, John Anstruther, Wm. Adam, M. A. Taylor, Welbore Ellis, Fred. Montagu, sir Grey Cooper, Philip Francis, sir Gilbert Elliot, Dudley Long, Viscount Maitland, G. A. North, General Burgoyne, Charles Grey. It was moved in the usual forms, that the committee be invested with the customary powers of calling for papers and witnesses, sitting where they pleased, &c. &c. ; and it was agreed on all hands, that it must necessarily be a secret committee. A division took place upon the nomination of Mr. Francis.-Yeas 96; Noes 44.

"That this committee having considered the fifth article of the said charge, and examined evidence thereupon, is of Debate in the Commons on the Consoliopinion that there is ground for impeach-dation Bill-And on the Treaty of Coming the said Warren Hastings, esq. &c.

"That this committee having considered the 7th, 10th, 11th, and 12th articles of the said charge, and examined evidence thereupon, is of opinion, that there is ground for impeaching the said Warren Hastings, esq. of high crimes and misdemeanors upon the matter of the said articles, so far as the same relate to the conduct of the said Warren Hastings respecting the contract for bullocks in September, 1779, and for opium in May,

merce with France.] April 4. The Consolidation Bill was read a third time. On the motion, "That the Bill do pass,"

Mr. Joliffe observed, that his anxiety to understand this subject as fully as possible, had prevented his troubling the House at an earlier period; and resolving that his conduct should be entirely influenced by the opinion which he might form, he had waited, expecting to have heard from the minister some reasons to induce him to support the proposition of

a commercial treaty with France. But with all his attention he had not been able to discover the promise of even one single permanent benefit which should, in consequence, alight upon this country. Mere declamation on the advantages to accrue from the extension of commerce and the encouragement of manufacture, was all which either had been, or could be of fered: he therefore felt himself compelled to oppose the farther progress of a measure which, he was confident, must produce the overthrow of the empire of Great Britain.

In considering this subject there were three questions; first, Is there any treaty possible for this country beneficially to enter into with France? May not Great Britain be so circumstanced with that kingdom and the other powers of Europe, as to render it not only dangerous, but actually ruinous, to have any intimate intercourse? Preposterous as some people might hold such language, if fully considered, it was not void of argument and reason in support of it. The second point was, supposing some treaty might be confirmed, is this of such a nature? Is there that reciprocal advantage which we have a right to demand? And the third is, Whether the Treaty comprehends all the objects which this country has a right to expect it should? and are not some great and momentous articles totally omitted? In considering the first point, it is necessary to view with exactness the situation in which France stands, not only with Great Britain, but with all the world; and also the situation in which Great Britain is with all the world as well as France. France, a great commercial and maritime kingdom, the hitherto invariable and inveterate enemy of Great Britain, always her rival, as well in commerce as in power, at the end of a war which she commenced in so treacherous a manner as must brand her with the mark of perfidy to the latest posterity, solicits a cessation of ill-will, that mutual animosities may be laid aside, and that friendly intercourse may succeed; that as they are neighbours, so in future they may be friends; and that as Great Britain has long rendered her much service in the purchase of her wines, so France, sensible of this obligation, in return is now desirous to admit the manufactures of this country into her own. Reduced by war, she now desires to cultivate the benefits arising from peace; and indeed such a

request is not very unlike the language of the Greeks, when they left their horse before the walls of Troy; they professed themselves tired of war, and anxious to give some token of the respect which they bore to the bravery of their enemies; but all know the consequences which attended the credulity of the latter: beware, that in this treaty is not involved that which may overpower and destroy

you.

Mr. Joliffe then proceeded to observe, that the uniform and invariable disposition of France had been to acquire dominion, and to reduce, to lower, and probably to gain the actual possession of this country; that as this had ever been, under all administrations, at all periods, her invariable aim, so there was now more reason than ever, from her increased and our reduced strength, to suppose her ambition by no means diminished. Examine well, whether this Treaty does not more readily lead to that end than any other which can be devised. It has been truly and repeatedly affirmed, that the strength of this country consists in her navy, and that her wealth depends on the increase and prosperity of her commerce. Observe, whether this Treaty does not tend to diminish her navy and annihilate her commerce; and, he desired to ask, what is to render her respectable in Europe, and thereby to maintain her commerce, but her inclination as well as her ability to check the ambition and resist the power of France? By acceding to this Treaty it must be admitted, that the policy of this country is changed, not only with respect to France, but to every other power on the face of the globe; for, instead of resisting her former inveterate enemy and checking her rival, her policy must in future be to aggrandize this new friend, to render her rich and powerful; because, if there be any argument in the language of the minister, that our trade is to depend on France, the more opulent and great, the more powerful and flourishing France is, the more her riches increase, the more able will she be to patronize our manufactures and to encourage our commerce. Instead of endeavouring to depress, we must strive to exalt her, because she is to be the power to whom in future we are to look for the employment of our manufacturers and the extension of our commerce. Mr. Joliffe said, he had some little time past been in another House, where this Treaty was

much discussed; and indeed he was greatly surprised to hear the manner in which some persons of high respectability talked of this kingdom: the persons who in that place argued in favour of the Treaty, spoke of this kingdom as having totally lost her consequence and import ance as a warlike power in the scale of Europe; they said, "You must take care of your manufactures, you must look to your looms; commerce must be your object, ambition must no longer be your pursuit; will you set yourselves up as the standard to which every dissatisfied or every ambitious power shall resort? No; you must lay aside your jealousy, you must suppose the political system of Europe changed, and that as you decrease your strength, France will diminish her ambition." Very different, he said, were his ideas, and he was infinitely concerned to find so opulent and so powerful a part of the kingdom so degraded in their notions, and so lowered in their opinions of the consequence and importance of their country. He conceived, that to increase the commerce of the kingdom you must maintain a powerful navy, that without it your trade would cease, and your looms stand still. As to jealousy, he should venture to contend, that a watchful attention to that power from whom alone we have any thing to dread, was so far from blameable, that it was the primary duty which a minister owed to his country; and that although commerce and manufactures were objects by no means to be neglected, yet security was the first point, and independence the surest alliance: instead of adopting this system, and pursuing the path in which our ancestors had invariably trodden; instead of being courted by all Europe, as the defender of the weak and the avenger of the oppressed, we shall become the augmenter of the powerful, and the slave of the mighty; we shall throw ourselves into the bosom of France, and in future be dependent on her bounty. What must be the consequence of this? The other Powers of the world having lost the anchor in which they trusted, the staff on which they leaned having bent and given way, they must follow the example; they must court France to avert her vengeance, as they will be deprived of the means to defy or resist her; they must trade with France to gain her friendship, because yours will be inevitably lost. Consider, he said, whether this must not prove the conse[VOL. XXVI.]

quence, and whether the French tradé, even if it can be kept, is equal to that of every other nation on the face of the globe. For if you cannot be their friend, they will not be yours; and if you become the dependant on France, the rest of the world must leave you, because you will have deserted them. There is not a Power on earth to which France may not prove hostile; and there is no impediment to that hostility when yours is removed; the alternative therefore is, that they must submit to oppression or purchase favour, and the favour of France can only be obtained by the transfer of their trade from you to her. Will Russia, will Austria, will any part of Italy, will the United States, will Spain, will even Portugal, put you in competition with France, when you have annihilated your own consequence? If it should be their inclination, they will not dare to carry it into effect. Every source of commerce will be dried up, except that with France. Observe, then, how you stand at the end of the Treaty, supposing it to last to the limited period; you become the absolute dependant on France for every avenue of trade; and trust to her bounty, whether she will not shut her ports against you, for the encouragement of her own manufactures, and the protection of the industry of her own people. This was the plain consequence, the undoubted truth, which needed neither oratory to display nor argument to enforce.

The second question is, Supposing some treaty may possibly be beneficial, is this of such a nature, and are the advantages reciprocal? The foundation of this Treaty is, that the wines of France shall be admitted into this kingdem on lowered duties, and that she shall, in other articles, be treated as the most favoured nation. Wine is an article which you neither have nor ever can have, to supply France with; and therefore, let us examine, in the first instance, what return France makes for this benefit which confessedly is given to her. None is to be found. It might have been supposed, that in return for this, France should contract, that as you cannot manufacture wine, they would not manufacture woollens or cottons; that as you trade with her for an article which she has in abundance and can export no where but to you, so you should expect her to allow you exclusively the power of supplying her with those articles which you manufacture; but the fact is directly [3 M]

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