The motion having been read from the chair, Mr. Joliffe faid, he had heard no argument in fupport of fo extraordinary a bill as that the Hon. Gentleman had moved for leave to introduce. There was fomething fo extremely ridiculous in the propofition, tlist a stage-coach was to stop wherever it might arrive at by ten in the morning, and that the paffengers fhould be detained there till five in the evening, that he really could not avoid refifting the motion now made. Mr. Vanfittart declared, if it appeared to be the fenfe of the Houfe, that no fuch bill fhould be brought in, he would not proceed to divide the Houfe; but if the motion fhould feem to be agreeable to a majority, he would take their fenfe by a division. Mr. Powney faid, if any thing was ferioufly meant by the iffuing of the Proclamation, fomething ought to have been done in respect to strengthening and amending the Police, by the magistracy of each County, or the Proclamation ought to have been thrown afide at once as ufeless. After more converfation, the House divided, 32 The Order having been read for the Houfe refolving itself into a Committee on Sir E. Impey's Impeachment, Mr. Huffey in the Chair, Mr. Fairer underwent an examination by Mr. Crefpigny, Mr. Topham, Mr. Cornwall (the Speaker), Major Scot, Mr. Burton, and Lord Mulgrave. The substance of his evidence went to prove the full approbation of the Judges of the Supreme Court in the condemnation of Nunducomar, and the with of the Jury and the Judges to profecute the witneffes of Nunducomar, who had experienced every humanity from Sir jah Impey particularly. Mr. Farrer having clofed his evidence, Sir G. Elliot afked Mr. Rous whether he would fubmit to an examination by the Com. mittee. M. Rous role in his place, and havir g fignified his confent to undergo an examination, proceeded to ftate to the Committee a narrative of the profecations carried on against Nunducom ir for forgery in the Sudda Dewannee Adaulet, of which he (Mr. Rous) had been President, previous to the Supreme Court being est bished, and confequently prior to the capital indictment being preferred for that forgery against Nunducomar. Having concluded the narrative of thofe pro ceedings, he had feveral questions put to him by Sir Gilbert Elliot, Mr. Burke, the Chancellor of the Exchequer, the Master of the hous, and other gentlemen. The Chairman was directed to report progress, and to move for leave to fit again. Feb. 21. Mr. Baftard rofe to make his promised motion, relative to the late naval arrangements. He faid, that he was fully convinced in his own mind, that men who rank high in their profeffion-who had been eminently distinguished for their bravery-to whofe conduct the Houfe had, by their votes, given the most exalted teftimony of appro-bation-had been fhamefully overlooked, rejected, defpifed, difgraced, and stigmatized by the late promotion of Flag-Officers.-Having stated this to the House with an energy illuftrative of the zeal he felt for the fituation of thofe gallant Officers who had been fo neglected, he said, such conduct in the Minifter of the Naval department, not only difgraced the liberality and gratitude of the British name, but carried with it an obvious tendency to extinguish that glorious fpirit of emulation, which had raised the character of an English feaman beyond the reach of all competition. The Noble Lord (Howe) whofe conduct on this public occafion he never could fubfcribe to-must from long profeffional experience well know the extreme danger to which the fervice must be expofed, by paffing over officers against whom not a fingle objection, not the most diftant infinuation of inability can possibly be alledged. He well knew how dangerous to the fervice it was, and destructive to the hope cherished by every brave and gallant commander, that their meritorious actions would ever meet the juft reward of a liberal country. Were fuch men as Capt. Balfour, Capt. Thempfon, Sir Digby Dent, and Commiflioner Laforey, to be driven, like Belifarius of old, from the fervice, and abandoned by those whofe duty it was to fee them duly honoured and fupported ?—Such conduct he conceived to be guided by the moft dangerous and alarming policy. tended to rekindle that jealoufy and difunion in the navy, by which the interest of the nation in the laft war fo feverely fuffered. To what were young officers now to look for preferment, when they beheld their services so treated? Would they, to obtain preferment, closely apply their attention to profeffional purfuits? They obferve examples before them which warrant them to conclude, that it is not profeffional skill, perfonal bravery, or long and approved fervices, that are likely to qualify them as proper candidates for promotion. No: the readiest and most die rect road to rank and emolument, now, is to become the representative of fome venal borough, to court the fmiles of the First Lord of the Admiralty, by voting for him It on all occafions:-follow thefe fteps, and your preferment is certain. He then read the vote of thanks of the House in 1782, to Lord Rodney, and the Captains, &c. and ftated, that Captain Thompson and Captain Balfour had been included in that vote: and yet thefe officers of tried bravery, and approved nautical ability, without doing any thing to draw upon them the smallest disgrace, or the flightest cenfure, the late promotions entirely overlooked. What were the votes of the House-shadows, without fubftances. Could the nation forget what they owed to thofe officers on that occafion? -He hoped, for its honour, that was im poffible; they had both a claim upon the House for the vote of approbation which it had paffed, and a claim on their country for its favour, reward, and protection. The humanity and dignity of the Commons, he conceived, as well as the true intereft of the country, fpurned at the idea of overlooking the merit of men who deferved a treatment diametrically oppofite to that which their hard fate had experienced. Having very forcibly impreffed the Houfe with this idea, be then moved, "That an humble Addrefs ❝ fhould be presented to his Majesty, pray"ing him to bestow fome mark of Royal "Favour on Captains Balfour and Thomp❝ fon." Mr. Edwards, member for Maidstone, in his maiden fpeech, feconded the motion. Mr. Beaufoy, after having pronounced a very lofty panegyric on the First Lord of the Admiralty, declared, that in an arrangement which fo intimately applied itself to his profeffional skill, he conceived him incapable of acting improperly, or violating his integrity. The motion which had been fubmitted to the Houfe had a tendency which, he believed, the hon. member did not forefee, of injuring the fervice, and striking at the very vitals of the conftitution; and if the complainants had conceived it to be fraught with fuch danger, they would never have confented to bring it forward in fuch a fhape; it asked an interference with the executive power, which the House could not conftitutionally affume. Sir George Collier conceived the question before the Houfe to lie in a very small compafs-It was, " Whether the naval promotions were to be confidered with regard to rank and feniority or not?" If fuch a conduct was purfued, as had hitherto been announced, he thought it would ultimately be injurious to the fervice. Captain Macbride contended, that the intention of the fuperannuated lift was to receive those officers who were by age and infirmity rendered incapable of active service; but Captain Thompson did not come under this defcription; he was as perfectly in health, as he was found in capacity. Mr. Pitt oppofed the motion with more than ufual warmth. He maintained that the right of felecting officers for the naval fervice refted folely with the executive power of government, and more particularly applied to the difcretionary power of the First Lord of the Admiralty, whose judgment was unquestionably to be exercised in selecting those whom he should conceive qualified to command a fleet. A Captain of a ship might, in every point of view, be qualified to command a fingle veffel, but very unfit to have the command of a fleet.-After having in various points of view stated to the House the distinctions of nautical capacity, he faid, fimilar occurrences had frequently happened like those of the fubject of complaint. had, on examination, found that fince the year 1718, to the present time, there had been fet afide 139 Flag Officers, and 244 Captains, He had no doubt, from the very honourable report he had heard of the character and ability of Captain Thompson and Captain Balfour, but that their fervices were entitled to reward; but he would maintain, that their respective merits could not be dif cuffed in that House; that the motion propofed would defeat the intention it aimed to accomplish, and would operate as a direct encroachment on the privilege of the execu tive government. He Lord Mulgrave entered into the warmest eulogiums on the character of Commiflioner Laforey. His Lordthip was extremely elaborate, and argued with ardor. He faid,, that Sir George Pococke and Admiral Bofcawen were once overlooked, though afterwards the companions of frequent victories, He then adverted to the fuperannuated list, and maintained against the prefent practice of fuperannuating officers, that he who accepted that alternative could not term it the first day of his infirmity, but he might with propriety call it the first day of his mortification. Some allowance he conceived ought to be made to the refined feelings of a man of honour, but he considered it violating them when an officer was requested to retire at a time when he never had harboured a thought of asking for retirement. After having dwelt on this idea in ftrains fingularly pathetic, his Lordship hoped that the honourable member would withdraw his motion, as not calculated to obtain the defired effect, Mr. Baftard made a fhort reply to Mr. Pitt, and finding the sense of the House against his first motion, proposed another of a more general nature, which Mr. Pitt objecting to, he withdrew them both. Adjourned. R 2 AC ACCOUNT of the TRIAL of WARREN HASTINGS, Efq. (late GOVERNORGENERAL of BENGAL), before the HIGH COURT of PARLIAMENT, for HIGH CRIMES and MISDEMEANORS. FIRST DAY. WEDNESDAY, FEBRUARY 13. THE Houfe met at ten, and by eleven a meffage was fent to the Commons, that the House was immediately going to adjourn to Weftminster-Hall, to proceed upon the trial of Warren Haftings, Efq. The meffage was immediately returned, that the Commons were ready to fubstantiate their charges. The Lords were then called over by the Clerk, and arranged by Sir Ifaac Heard, Principal King at Arms, when upwards of two hundred proceeded in order to Westminster-Hall*. The Peers were preceded by Lord Chancellor's Gentlemen Attendants, Clerk Affiftant of the House of Lords, and Clerk of the Crown in Chancery. Serjeants Adair and Hill. Yeoman Ufher of the Black Rod. Two Heralds. The Lords Barons, two and two. The Lords Bifhops, two and two. The Lords Viscounts, two and two. The Lords Earls, two and two. The Lords Marquiffes, two and two. The Lords Dukes, two and two. The Mace-Bearer. The Lord Chancellor, with his train borne. (All in their Parliamentary Robes.) The Lords Spiritual feated themselves on their Bench, which was on the fide on which they entered; as they paffed the throne, they bowed to it, as if the King was feated in it. The Temporal Lords croffed over the House, and each made a refpectful bow to the feat of Majefty. In this proceffion, the juniors of each class of Nobility walked firft; and the seniors laft; of courfe the last held the most honourable station. As foon as their Lordships were seated in the Lower Chamber, the Lord Chancellor Sir Francis Molyneux, Gentleman Ufher of afked leave for the Judges to be covered: the Black Rod. At twelve the Court was opened, and the Previous to their Lordships approach to the Hall, about eleven o'clock, her Majesty, with the Princeffes Elizabeth, Augufta and Mary, made their appearance in the Duke of New, caftle's gallery. Her Majefty was dreifed in a fawn-coloured fattin, her head-dress plain, with a very slender sprinkling of diamonds. The Royal box was graced with the Duchefs of Gloucester and the young Prince. The ladies were all in morning dreiles; a few with feathers and variegated flowers in their head-dress, but nothing so remarkable as to attract public attention. Mrs. Fitzherbert was in the Royal box. The Dukes of Cumberland, Gloucester and York, and the Prince of Wales, with their trains, followed the Chancellor, and closed the proceffion. Upwards of two hundred of the Commons with the Speaker, were in the gallery. The Managers, Charles Fox and all, were in full drefs. Bút a very few of the Commons were full dressed-fome of them were in boots, Their feats were covered with green cloth-the reft of the building was "one red." Mr. Haftings stood for fome time-On a motion from a Peer, the Chancellor allowed, as a favour, that the Prisoner should have a chair-And he fat the whole time-but occafionally, when he spoke to his Counsel. His Counsel were Mr. Law, Mr. Plomer, Mr. Dallas. -For the Commons-Dr. Scott and Dr. Lawrence; Meffrs. Mansfield, Piggot, Burke, and Douglas. A party of horse-guards, under the command of a Field Officer, with a Captain's party from the horse-grenadiers, attended daily during the trial. A body of three hundred foot-guards alfo kept the avenues clear, and a confiderable number of constables attended for the purpose of taking offenders into custody. + The temporary building for the trial of Mr. Haftings was arranged in this mannerThe Chancellor, at the upper end from the Hali gate, under a state canopy-the Judges→ and Masters in Chancery below them-Heralds, and attending Officers about them. The Royal Box was on the right hand of the Chancellor-on his left, the box for the Princes. Dukes, Marquiffes, and Viscounts, were below the latter-the Bishops on the fide with the former-the Earls and Barons fat on fix rows between them. The Serjeant at Arms, with a very audible voice, made the ufual proclamation; after which, in old blunt English, he fummoned "Warren Haftings, Efq. to come forth in Court "to fave THEE AND THY EAIL, otherwife "the recognizance of thou and thy bail will "be forfeited." Mr. Hastings immediately appeared at the Bar with his two fureties, Mr. Sullivan and Mr. Sumner, and immediately dropped on his knees; when the Lord Chancellor fignified that he might rife. He feemed very iníirm, and much indifpofed. He was dreffed in a plain poppy-coloured fuit of clothes. After Mr. Haftings appeared at the Ear, a Proclamation as follows was made: 1 "Whereas Charges of High Crimes and "Mifdemeanors have been exhibited by the Knights, Citizens, and Burgeffes in Par"liament affembled, in the name of them"felves, and of all the Commons of Great Britain, against Warren Haftings, Efq. All perfons concerned are to take notice, "that he now ftands on his trial, and they "may come forth in order to make good the faid charges." Proclamation being made, the Lord Chancellor rofe, and addreffed the prifoner as follows: "Warren Haftings, "You are called upon, after every expe"dient allowance, for your defence. You "have had bail: you have Counsel. Much time alfo has been granted you-becoming well the circumftances of your cafe. "For the matter in the Charges is moft "momentous,, and the dates are remote, fince the occurrences in thofe charges alledged against you are faid to have been "committed. "These advantages you must understand, "while you feel.-You are to deem them "not an indulgence of this House-but the "fair claim of right-a conceffion of nothing, but what you have in common with all around you-what every British subject may ask, and every British tribunal must allow. "I ara come to this high tribunal equally "impreffed with a confidence in my own in"tegrity, and in the juftice of the Court be"fore which I stand." This ceremony being over, the reading Clerk began to read the first charge, and with the Clerk Affiftant, Deputy Clerk of the Crown, and another gentleman who attended as an additional Clerk, their Lordships got through the reading of feven charges and feven anfwers. The Marquis of Stafford, when it was impoffible for the Clerk to fee any longer, moved to adjourn to the Chamber of Parliament; when, upon motion, the further confideration of the above trial was put off until ten o'clock next morning. THURSDAY, FEBRUARY 14. The names of the Houfe being called over by Garter King at Arins and his Affistant, the proceflion went in the fame order as the preceding day, and being feated in the Court, the fame formalities took place as at the opening of the bufincfs; after which Mr. Haftings was called to the bar with his bail, Mr. Sullivan and Mr. Sumner. The remaining twelve charges and the answers were then read by the Clerks attending. It was rear five o'clock before the reading was finished, and the conclufion of Mr. Haftings' defence evidently made a deep impreffion upon the audience.-The Lords immediately returned to their House, and adjourned *. The Prifoner, near the door, fronted the Chancellor-His Counsel on his right hand-the Evidence between the Counsel for the Profecution, on his left. Committee of the House of Commons behind their Counfel-the Short-hand Writer-Black Rod, &c. on the other fide. The House of Commons-Foreign Ministers--and Duke of Newcastle, who ftill retains a gallery, though it is not easy to tell why-filled the left fide of entrance.-On the right hand were Peereffes-Board of Works, and Lord Salisbury. The feats for Peers tickets adjoined the Court of Chancery and the King's Eench. The oppofite end of the Hail, had on one fide fix more rows for Peereffes-on the other, the remainder of the House of Commons-The Lord High Chamberlain's box was between them. The attendance of the House of Commons was this day very thin- the number of Mem bers, THIRD DAY. The Court being feated, and after the ufual proclamation Mr. Haftings appearing at the bar, the Lord Chancellor demanded who appeared in behalf of the Commons to fubftantiate the Charges t. Mr. Burke immediately rofe, and made his obedience to the Court; and every eye was at this moment rivetted upon him. "He ftoed forth, he faid, at the command of the Commons of Great Britain, as the accufer of Warren Haftings." Mr. Burke then stopped for above a minute, at the end of which he refumed, and continued his fpeech for two hours and a half. It was grave and temperate; but was pathetic and affecting. Every expreffion and fentiment was appropriate; and though in the progrefs he led the ignorant to the most familiar acquaintance with the origin of the crimes and the evils of india, he aftonished the most knowing with the new afpect which he gave to the whole, after it had been to long agitated and fo thoroughly difcuffed. He apoftrophized the tribunal before which he flood-congratulated his country on poffeffing fo powerful an instrument of juftice, and fo authoritative a corrector of abuse, and hoped that no corruptions would ever taint, and no focieties of fpecial pleading and Old Bailey prevarication be able to under, mine it. He flated, that the fubject matter of the prefent Impeachment had been in a course of inveftigation and enquiry for nearly fourteen years before the Commons of England; that the refult was, their having found ample reafon to conclude, that Mr. Haftings ought, in justice to the millions who had lived under his government in Afia, and in justice to the national character, which he appeared to have difgraced by his conduct in the exalted station of Governor General of India, to be put upon his trial. He then went into a general view of the history of Hindostan, and of its particular hiftory as affected by English enterprize and English rapine. He enumerated and defcribed the various ranks of English fociety in India, and carried them through their feveral gradations of writer, factor, junior merchant, and fenior mer. chant, up to the state officers in the fervice He paffed from this to the Indian character, and drew the picture of a Banyan in the most forcible and glowing colours. He next went into a fhort but admirably drawn history of the people, religion, manners, and revolutions of the Gentoo tribes-their divifion into cafts--their local religion and prejudices— the irruption and change made by the Mahometan-the revolution accomplished by the Tartar Tamerlane, and the flow but more portentous confequences of the English inroad. In the courfe of his fpecch he worked up the passions of the Court in fo powerful a manner, when he defcribed the sufferings of the native Hindoos under the government of Mr. Haftings, that the Court repeatedly called out HEAR! HEAR! At half after two he concluded his exordium, and brought down the fubject to the year 1756; at which gera, he faid, if their Lordships would give him leave, he would begin to trace the con duct of Mr. Hastings; but being then much fatigued, he prayed permiffion to proceed the bers, for a few minutes near the clofe, was 40-through the greater part of the day, there were not 20 profent.--The audience, too, was comparatively thin. There were prefent near 80 Temporal Peers-and 15 Bishops, including York and Canterbury. * There were prefent, Darons 54-Biops 17-Earls, Marquiffes, and Vifçounts 68 Dukes 12-Judges -Princes of the Blood 4——in all 164. ↑ The following are the Titles of the Charges against Mr. Haftings :-1. The Rohilla War→→ 2. Treaties with the Mogul-3. Part I. Kights of the Rajah of Benares-3. Part II. Defigns of Mr. Haftings to ruin the Rajah of Benares-3. Part III. Expulfion of the Rajah of Penares-3. Part IV. Second Revolution in Benares.-3. Part. V. Third Revolution in Benares.-4. Princeffes of Oude.-5. Revolutions in Farruckabari.-6. Deftruction of the Kajah of Shalone.-7. Contracts and Salaries.-S. Money corruptly and illegally taken.— 9. Resignation and unjustifiable Retention of the Government.-10. Surgeon-General's Contract.11. Fco bundy Contract.-12. Opium Contract.-13. Criminal Appointments of R. J. Sullivan.-14. Treachery to the Ranah of Gohud.-15. Part I, Revenues.15. Part II. Revenues.-16. Mifdemeanours in Oude.-17. Mahomed Reza Khan.→ 18. The Mogul delivered up to the Mahrattas.-19. Libel on the Court of Directors.-20. Mahratta War and Peace.-21. Correfpondence.-22. Rights of Fyzoola Khan, &c. before the Treaty of Lang-Dang, under the Treaty, and guarantee of the Treaty. Thanks to the Board of Fyzoola Khan. Demand of five thoufand Horfe. Treaty of Chunar. Confequences of the Treaty of Chunar. Pecuniary Commutation of the ftipulated Aid. Full Vindication of Fyzcuja Khan, by Major Palmer and Mr. Hastings. next |