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the majority. In the prefent inftance, far different had been the origin, far different the complection and progress of the profecution. After many years of laborious investigation and enquiry, upon full and mature conviction, in a deliberate manner, and free from heat or indignation, or any impulfe of the moment, Charges of High Crimes and Misdemeanors had been exhibited against Warren Haftings, Efq. in the Houfe of Commons, by those who were well known to form a party; weak, indeed, in point of weight or authority compared to that party which was the triumphant one, and which did poffefs every poffible degree of weight and authority in that House. Long used to difputes and contests, the two parties had carried on a political warfare in Parliament with great acrimony for fome time; but fuch was the conviction produced by an investigation of the charges, and a fair difcuffion of their contents, that to the immortal honour of the House of Commons, and to the glory of the country, both parties met upon the fubject, and, forgetting all former animofities, confented to unite in putting a perfon, who appeared to them to have committed various high crimes and misdemeanors, upon his trial before their Lordships; thereby manifefting to India, and to all the world, that British juftice never forgot nor difregarded the grievances of any defcription of perfons, however diftant their fituation, who were in any degree entitled to its protection. Mr. Fox dilated on this idea at fome length, and Shewed the difinterestedness of the Houfe of

Commons collectively, and its Managers in particular, in bringing forward the prefent Impeachment, fince it was not poffible for them to derive any benefit or advantage from those whole wrongs they wished to redrefs, and the author of whofe injuries, if he should be fo found, they hoped to bring to a juít and merited punishment.

Having very fully difcuffed thefe particulars, Mr. Fox proceeded to open the charge that he had been ordered to bring forward and explain to their Lordships, viz. the Benares charge.

He began by narrating briefly and perfpicuously the history of the diftrict of Benares. It was granted, he obferved, by the Vizir Sujah Dowlah, in the year 1764, to Bullwant Sing, to be by him fully retained, and fubject only to a tribute of twenty-two lacks yearly. On the deccafe of Bullwant Sing, in the year 1770, the grant was renewed to his fon Cheyt Sing, the prefent Rajah, on the same terms:-it was again confirmed to him, though for what reafon is not known, in the year 1773; and to this laft grant Mr. Haftings was a witness and guarantee on the part of the East-India Company. In the year 1775, Afoph ul Dowlah, the fon and fucceffor of Sujah Dowlah, thought proper to make a demand on the Rajah of an advance in the tribute of five lacks. This extortion was firmly refifted by Mr. Bristow, then Refident at the Court of the Vizir, by defire of Mr. Haftings, as guarantee of the late treaty. The Rajah had at that time Leen received as the friend, and folicited as

Giving way to the overbearing power of exultation, at once involuntary and reasonable from the avowed pride of his prefent place and purpofes, Mr. Fox exclaimed, with becomin magnanimity

"It is a pride, however, that is not perfonal! It is, thank God, moft nobly the reverfe "cf all that is fordid, diminutive, equivocal, and bafe! It reaches, and it decorates, al "my friends-all with whom I aft-the age, and nation!--Other Impeachments have "originated with the party then triumphant in the House of Commons: it is the obvious "boaft of the present business, to have begun with thofe too truly not there predominant; " and I know not, on which ide admiration may most fondly lean-whether, over those "whofe inventive ardour opened the carcer-or those whefe ingenuous candour fo well and "fairly aided it to this EDIFYING CONCLUSION!

"For furely it is grand and edifying indeed. to difplay the coilective vigour of NATIONAL HUMANITY, paramount over all!-to vaunt the dignitying, becaufe ufuful, inftance, of ❝ two Political Parties uniting, unexpectedly, in the point or reciprocal difinterestedness !— "finely foregoing every fair purpofs of allowable felf-gratification-heathing those arms they "both had wielded fo ably, to mutual annoyance; and attacking, with a different array, “what they deemed, whether right or wrong was to be proved, the Common Enemy to "Truth and Feeling!

"At fuch an effort, in the admiring view of furrcunding Nations, it were impious, if "poffible, to be calm!-Indifference were Infenfibility—that prophaned each facred infiu"ence in Heaven and Earth-There was no collective virtue fuperior-in the Hiftory of "England-in the Hiftory of Man! It fprang from MOTIVES, of all others the most high "and pure-the GOOD OF OTHERS ;-and it flowed to CONSEQUENCES, of all others the “ moft gratifying and enduring—the well-founded APPROBATION OF OURSELVES!"

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the ally, of the Eaft-India Company; and on this interference, the Vizir Afeph ul Dowlah thought it advisable to recede from his claim. In the fame year, 1775, the fovereignty which the Vizir poffcffed over the Rajah and his territory, together with the annual tribute, was transferred to the Company. It would be abfurd to say, that when the fovereignty was thus transferred, its rights were more enlarged than when they appertained to the original poffeffor. It would be ftrange language to hold forth to the Rajah" When you were tributary to the Vizir, the Company was your friend and guarantee, and your rights were therefore fecure;-but in changing your mafters, you have lost your defence;-by becoming tributary to the Company, you are left without a Protector-and your rights and your independence have no longer an exinence." The abfurdity and impropriety of this language was manifeft; yet fuch was the fyftem exemplified in the conduct of Mr. Hastings.

With refpe to the queflion on which fo much had been faid-Whether the Rajah was an independent Prince, or a mere Zemindar or dependant land-holder-Mr. Fox faid, he fhould not trouble their Lordships with a fyllable of argument. The former had been arted on the one fide, and as ftrongly denied on the other. In his opinier, the conduct of Mr. Hadings was equally unjuft in both cafes: but the truth would fhortly appear from the evidence at their bar. Mr. Haftings him if had contributed in fome degree to establish the formur idea, by moving in Council, which had been carried unaniracufly, that the Rajah fhould be invested with a right of Coinage, and with the execution of criminal juftice within h's territory: -two fymbals undoubtedly of fovereign authority. The Rajah, it was anderficod alfo, by treaty, was to held his rights and poffeffions—“ whilft he paid his tribute regularly-and paid a due obedience to the Sovereignty."-This latter part of the fentence would require forme explaration, as it had been made, however unten.ble, a ground of deforce by the Governor-General. If the Rajah affifted in the quarrels of the Company-if he did not moleft their friends, and fufpended all intercourfe with their ene'mies-this would probably be de med a due cbedience; but it unfortunately did not approach to that paftive fubmiffion which was required by Mr. Haftings. Neither did the European ideas of foreignty accord with the definition contained in his Indian Dictionary. By fevereignty, fays Mr. Haftings in his defence delivered to the Commons-I

mean arbitrary power! And left his mean

ing fhould be misunderstood-left he should be thought to have spoken of abfolute power, he adds, "What I mean by arbitrary power is that state where the will of the fovereign is every thing, and the rights of the fubjectnothing! "I do not in general (faid Mr. Fox) approve of either the logic or definitions of Mr. Haftings; but he certainly has the credit of being the first perfon who has given a full and fair definition of ARBITRARY

POWER.

But how then was the compact between the Rajah and the Company to be understood? Mr. Haftings, it appeared, was to fay to the Rajah, in virtue of his arbitrary power, "Pay me the tribute-obferve your obedience-give me whatever fum I fhall afk-1 then affure you that I will not afk for MORE!"-But where, in this cafe, was the compenfation, the QUID PRO QUO, which fhould appear in every compa? The Rajah was to pay his tribute, he was to obey every injunction; and in return, if he dared to murmur, he was told by Mr. Haftings"My will, as a fovereign, is EVERY THING; and your rights, as a fubject, are NOTHING!"-This arbitrary power, however, did not appear to be in contemplation, when in granting the Rajah the privileges of coinage, and of exccuting criminal justice in bis diftri, Mr. Haflings thought it neceffary to referve by an exprefs claufe the right of fining the Rajah if the coin was found to be beneath a certain ftandard !-Where arbitrary power was vefted, fuch a refervation was fuperflucus: if the will of the fovereign was every thing, why was the liberty of fining his vafal guarded by fuch a claufe? The exception undoubtedly tended to prove, that in general the right did Nor exift. Mr. Hastings, however, had affumed a contrary inference in his defence he alledged, that the exception being made in that inftance, proved that the right exifted in every other; and inverting the axiom Exceptio probat regalam, he contended, that because an excaption was made in a particular instance, the fame exception fhould be understood in all cafes whatsoever.

There was one circumftance, Mr. Fox faid, in this part of the conduct of Mr. Hastings, which, if their Lordships knew his character fufficiently, would ftrike them with the utmost aftonishment. The late Treaty afcertaining the rights of the Rajah of Benares had been made in the year 1775, and it was abfolutely three years before it was broken by Mr. Haftings!!!—If fuch another inftance could be adduced from the whole hiftory of the tranfactions of the Governor-General in India, Mr. Fox faid, he would even confent to let him now escape from

from punishment. In July 1778, he at length made a demand on the Rajah of an additional fum of five lacks of rupees, or 50,000l. The pretext for this was the report received of the war with France being about to commence. But even fuppofing this probabable neceffity to exift, it could not afford a juftification of Mr. Haftings, as the Treafury, by his own account, had at that time an overplus of two crores of rupees, or upwards of two millions fterling. Nor could the comparatively trifling fum demanded from the Rajah be meant as the commencement of a general tax on all the dependencies of the Company; as by the confeffion of Mr. Haftings, there was no other Prince who ftood in a fimilar fituation, or on whom fuch a demand could be made. It had the appearance of harihnefs, Mr. Fox obferved, to affign motives for criminal actions, which were generally prefumed; yet he stood emboldened by a complication of proofs to aver, that this extortion had its real fource in perfonal refentment to the Rajah, for having fent his Vakrel to congratulate Sir John Clavering, when it was rumoured that he was fhortly to be raifed to the rank of Governor-General. This circumstance would appear natural and inoffenfive to any perfon who confidered the humiliation to which the Princes of India are reduced; but in the mind of Mr. Haftings was fufficient to excite a rancour, which could not terminate but in the ruin of its object.

If their Lordships, Mr. Fox remarked, had merely a general and popular knowledge of this fubject, on nearing that the unfortu nate Rajah had been divested of all authority, and exiled from his dominions, they would undoubtedly suppose, that Cheyt Sing had refused to pay the fine, and had been thus punished for his contumacy. But what in that cafe would have been their aftenishment to learn, that he had not only paid it to the laft fhilling, but had advanced the fame fum on a fimilar requifition in 1779 and 1780, the two fucceeding years. In each it had been demanded in July, and paid in the October following; and this delay was the fole crime imputed to him by Mr. Haftings, as far as refpected this part of their tranfactions. With respect to the Extortion, as a viclation of compact, and an infraction of the rights of RAJAH, Mr. Haings placed his defence folely on two points-the concurrence of Mr. Francis-and the approbation of the Court of Directors. In the firft of thefe arguments, if fuch they could be called, there appeared a specimen of that respect which even the most corrupt are compelled ultimately to pay to the cnergies of virtue; but it was in vain that Mr. Haftings fought to shel

ter himself under the concurrence of Mr. Francis, as it would appear in evidence, that the latter only gave his confent to the application, as not knowing but the fum required might come as a voluntary gift from the Rajah, but that at the fame time, he had absolutely protefted against fuch a requifition as a right. On the fecond plea, the approval of the Dire&ors, it would be idle to dwell at length. Their approbation had been ever certain, when their interests were in any degree promoted. From the general knowledge of this circumftance had originated the bill for fufpending the powers of the Court of Directors, which he had once the honour of prefenting at their Lordships bar; and another alfo which Irad met a more favourable reception, and was now a part of the law of the Land. But when it was wifely provided that not even the Royal pardon could be pleadable in bar to an impeachment preferred by the Commons, it was abfurd to mention the implied approbation of a fet of merchants as a plea against their Lordships' procefs and decifon.

The Council, he remarked, had, on a former occafion, recommended to the Rajah of Benares, to keep up a force of 2000 cavalry for their mutual fecurity, which were to be paid for at a fettled rate, if taken into the fervice of the Company. There was no demand made at that time; the term and language were fuch as fhould be ufed between equals. It was in every refpe&t a fubfidiary treaty; and his Majefty could, with as much propricty, claim the fovereignty of Heffe Caffel, as Mr. Haftings found a claim of arbitrary power on that proceeding; and yet the Governor-General, finding all other efforts ineffectual to irritate the Rajah to disobedience, and that, on the contrary, his submission kept pace with every infult, he turned the recommendation into a demand, and required 2000 cavalry to be furnished at the expence of the Rajah, and not at the expence of the Company, as before propofed. This requifition, on the Rajah ftating its impoffibility, was moderated to 1000. Cheyt Sing ftill declared that he had but 1300, five hundred of which he offered to furnish, and to fupply the deficiency with 500 matchleck-men, to be alfo at his exp.nce.-At the fame time, he attempted to conciliate the friendship and protection of Mr. Hastings by a present of 20,cool. which the Governor received, as he afterwards fuggefted, for the ufe of the Company; as if fuch a voluntary gift was to be expected from a man worn out with extortion, if it was not obviously meant as a bribe to purchase a refcue from future oppreffion.

Yet with all thefe conceffions Mr. Haftings

ings declares, that his patience was exhaufted; and "I determined, faid he, to turn his crimes to the advantages of the Company, by impofing a heavy fine on his difobedience."

He accordingly makes money a part of criminal jurifprudence, and of criminal punishment. He departs from his character of Chief of the executive Government in India, and takes up that of a criminal Judge; he unites in him the three characters of Judge, of Accufer, and of Witnefs; and in the delicacy of that novel fituation he writes a letter to the Rajah, demanding peremptorily a fine of fifty lacks, or 500,000l. and proceeds himself to Benares, to enforce the requifition! -If the Rajah had with-held the additional tribute required beyond the time it was due, the intereft of the fum for that time might have been impofed as a mult; if he withheld 500 cavalry, the difference of expence between them and matchlock-men, might have been exacted with fome appearance of propriety. If his condu&t had been difobedient and contumacious, a pecuniary fine might have been impofed with fome plea of jultice; but instead of the last mentioned condu, his demeanor was as contrite and fubmiffive, as if he had been either guilty or dependent.-[The letter of Cheyt Sing, which has been long before the public, and is marked by the strongest traits of fidelity and bumiliation, was then read by Mr. Grey.] --Yet this letter, Mr. Fox obferved, the Governor-General had pronounced to be extremely offenfpe-but if it partook of that quality, it was only offenfiye in humiliation -and cffcnfive in its defpondence. Mr. Haftings declared, that it fhewed the growing fpirit of Independence—that it was a recrimination rather than a defence-and that it breathed the language of defiance.—I know not, faid Mr. Fox, in what tones or language their defiance is announced in India; but if this be a defiance, would merely in the fpirit of literary curiofity wish to know, in what terms an Indian would declare his fubmiffion.

Mr. Haftings, however, was determined to puni. He refused to fee the unfortunate Rajah, and actually placed him under an aṛreft. It was not wholly neceffary to recur to Indian menners and cuftoms, to explain the force of this infult.-If we fuppofed an Xuropean Chief, without adverting particularly to his rank, who must be supposed of fome confequence, when he paid his Sovereign a tribute of 240.000l. per ann. committed to prifon, not only defpoiled of his immediate power, but his Government entirely annihi

lated, fome idea might be formed of the buz finefs of that day. The refcue of the unfortunate Rajah, with the maffacre both of Eu, ropeans and Gentoos which followed, were too well known to require a particular defcription.

On the disproportion of the fuppofed crime to the actual punishment, Mr. Fox dwelt with much diffusenefs, yet with infinite force. The fine of 500,000l. he faid, was fo much beyond all bounds, that the finger of the law, on that occafion, was heavier than the loins of a King; and that if fuch was British juftice, the miferable Hindoo should pray that it might be exchanged for Tartarian barbarity. -Mr. Haftings had lately been compared to a conqueror, whofe fame filled the universe:

a character fo exalted as to difpute PRECEDENCE with the fecond perfonage in the kingdom* had affimilated Warren Haftings to Alexander the Great. But if any retemblance were found, it could not be to Alexander when his mercies and his victories kept an equal pace;-it could not be to the generous or forgiving conqueror ;-the likenefs must be meant to Alexander maddened after a debauch; to Alexander in petulant wantonness setting temples on fire-to Alexander when his follies and his crimes had excited horror and contempt fufficient to obfcure the radiance of his former glories. In the first points of the comparifon there was not a fhade or refemblance; in the latter part of the parallel there was all the juftice that could be required.

In an apostrophe the most beautiful that can be imagined, Mr. Fox made the injured Cheyt Sing the utterer of his own complaint to the House." I was, faid he, the Sove"reign of a fertile country, happy and be"loved; I endeavoured to conciliate the "friendship of all around me, and as I "thought with a fuccefs which impreffed me with every fenfation of felicity. This

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are now buried in their fympathy for my "diftrcffes. What have I done to defcrve "this punishment?"- "You forget," replied an Englishman, "that though a Sove

reign Prince at Patna, at Benares you were "but a Zemindar; in the latter character (6 you were guilty of difobedience, and are "therefore sentenced to a judicial exile.""Alas," rejoins the wandercr, "I was ig"norant of my crime. Why had I not an 4 inftructor to teach me the fubtleties of

*Alluding, it is faid, to the Chancellor's having disputed precedency in the daily proection to this trial with the Prince of Wales.

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your laws? Though to your power I was bat as an atom in the view of Omnipotence, yet fur ly my intentions should have been regarded, and my ignorance not conftrucd as guilt."—Mr. Fox then observed, that with respect to the maffacre which enfued on the injudicious arreft of Cheyt Sing, Mr. Haftings had been felely culpable.-If he went to infit on his demand with the Rajah, knowing that he was not aiming at Independence, then was he answerable for his injustice, and for all its confequences. If, to adopt his own defence, he apprehended that there was any fuch Intention, then was He guilty of the highest and most culpable imprudence in being fo flightly attended. either way, a criminality must attach itself, without the fmalleft poffibility of a vindi

sation.

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The principal points, however, on which Mr. Fox dwelt as highly criminal, were the demand of the additional five lacks beyond the ftated tribute, and the enormous penalty of 500,000l. which was demanded, though not received; and to thefe points, he faid, the evidence fhould principally be directed. He concluded by enforcing very strongly the neceffity of punishing the late Governor-General. By impofing a difproportionate punishment, Mr. Haftings had placed venial error on a footing with abfolute guilt. Their Lordships fhould take care to avoid the oppofite extreme, and to affix a punishment to the crimes of Mr. Haftings, equal, if poffible, to their enormity. They must now become, he faid, either the avengers, or the accomplices of his crimes. They could not now plead ignorance of the facts which had been fo plainly stated, and which fhould be fo fully proved. The affairs of India had long been hid in a darkness hoftile to enquiry, as it was friendly to guilt;-but by the exertions of ONE MAN, thefe clouds had been diffipated.

The ardent virtue, the fublime genius, and that glowing enthufiafm fo effential to the operations of both, had, with the application of years, left then nothing of information at prefent to defire. The eyes of Europe, he reminded their Lordships, was now fixed on their proceedings, and they were looked to for the ruin, or the reitoration of the British name. Difgrace attached itfelf to nations as to individuals. There was a time when the name of a Spaniard was inlamous on account of the crucities practifed in their foreign colonies, and not avenged at home; fo had we not cfcaped our thre of difgrace; and it refted with the prefent decifion, whether the name of BRITON, proud and glorious as it has been, should be doomed to honour or to fcorn.-There was alfo another circumftance to be confidered, which was, that when the Spanish infamy was recorded, it was faid, that the GOLD and JEWELS brought from their fettlements in South America had been the inftruments of mediation for the offenders. Such an imputation might reft on their Lordships, and fuch a ftain was not cafily erafed. To obviate the infinuation, it was only necessary to recur to their own feelings and their own convictions. The British honour, he would repeat, was in their hands. The Commons had done their duty in bringing to their Bar the perfon accused, and they were no v to decide, whether by his acquittal or punishment, the infamy fhould reft with the Nation or the Individual.

Mr. Fox concluded at a quarter paft five o'clock, and the Court immediately adjourned †.

EIGHTH DAY.

MONDAY, FEBRUARY 27.

The Hall was this day not fo crowded as on former days, as little was expected befide

* For individual paffages, feparable from their novelty, or their original importance, in idea or diction, Mr. Burke is the mighty mafter. This fpeech of Mr. Fox was not fo diftinguithed. It abounded, however, in diftinctions of its own kind, of which the best was vehemence; the worst, unneceffary repetition of preliminary words. The SARCASTIC REFERENCE to opinions in another place, was very artfully conveyed. His diftinctions between the Advocate's duty, and his duty as a Delegate from the Commons, was admirably exact. He faid,

"The Advocate may urge whatever may ferve his caufe, and INFLUENCE JUDGMENT. "The Delegate's allowances are limited ;-he fhould fugget nothing but what he thinks is admiffible when judgment is pronounced."

The short mention of Mr. Burke found ready reception with all who heard it :-" If we 16 are no longer in fhameful ignorance of India; if India no longer makes us blush in the 66 eyes of Europe; let us know and feel our OBLIGATIONS to HIм-whofe admirable "refources of opinion and affe&tion-whofe untiring toil, fublime genius, and highafpiring honour, raffed him up confpicuous among the most beneficent Worthies of Mankind."

↑ The Commons prefent this day were above 300. The rest of the auditory were very

Rumerous.

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