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the production of evidence; and difcuffions not fraught with much entertainment, refpecting what was admiffible, and the contrary. It was twelve o'clock before the Peers were feated, and proclamation made in the ufual form.

Mr. Grey then rofe, and in a fpeech of much ability refumed and enforced the remaining part of the firft charge against Mr. Haftings, commencing where Mr. Fox had concluded on Friday laft.-He adverted in the first inftance to the rights of which the Rajah stood possessed when he became the object of the Chief Governor's indignation. It mattered little, he obferved, whether Cheyt Sing at that time was merely a Zemindar, or the tributary, but independent, Sovereign of his District. In the year 1773, when Afoph ul Dowlah had made the arbitrary demand of ten lacks, Mr. Haflings in his letter to Mr. Bridow, the then Refident at Lucknow, had inftructed him to declare, that Cheyt Sing was MORE than a mere Zemindar-that he was the Ally of the Company, and fhould be protected in his rights! But when the fovereignty over the Rajah was transferred, and when he became the vaffal of the Company, vefted of courfe with all thofe rights; when he had alfo been indulged with the fymbols of Royalty in privilege of the Mint, and of the administration of criminal juftice; then Mr. Haflings fcorned to look to thofe rules which he had compelled the Vizier to obferve. The rights of the Rajah were trampled upon, and his privileges degraded. The Company had wifhed to conciliate the attachment of a Sovereign over near Two MILLIONS of peopic, and to convert him into a powerful barrier between them and their enemies on that quarter. But what the unexempled Knity of the Company must have effected, was totally deftroyed by treachery as unexampled; and the arts of conciliation which policy and humanity would have justified, were neglected for the purfuits of Avarice which destroyed its own purposes, and in the prefecution of a Refcntment as abfolute as it was unfounded.

His extortion from the Rajah, Mr. Haftings now attempted, when other offerts failed, to iuflity on the principles of the FEUDAL establiment. It was certain, that by the feudal laws, the vaffal was compelled to attend in the wars of his Lord, and to contribute to certain of his neccffities. But then the length of his attendance and the quantum of his contribution were all ftri&ly and precifely defined." There was not in the feudal, nor in any other law that could be quoted, a ngle principle to juftify a tyrannic licence of exaction, or the vindictive felection of an individual, whofe only guilt might be, that

his riches had raised the avarice, or his power excited the envy, of his Lord, and brought down on him an arbitrary punishment.

This extortion had again been attempted to be juftified by the imputation of certain crimes faid to have been committed. Of the firft was-a delay of his remittance of the five lacks required in addition to the stated tribute. On this head, Mr. Grey obferved, enough had been faid by the Right Hon. Gentleman (Mr. Fox) who had preceded him in the prefent charge; to that, therefore, he fhould only add, that the Rajah himself had urged, what was not denied, that the failure in the remiffion was in fome degree owing to the English Refident.-The next charge against the unfortunate Rajah was— the diforders which he liad fuffered to overrun his territory. But the wifeft Police, it will be confeffed, with the ftrictest adminiftration of juice, cannot poffibly prevent the offences of individuals: but furely that country could not be looked upon as diforderly or unfafe, when it was a fact afferted and not denied, that those who had acquired fortunes in the more turbulent parts of India, made it a practice to retire to Benares, there to indulge themfelves in acknowledged fecurity.With respect to Two other charges imputed to the Rajah,―his withholding the cavalry, and his inclinations to rebel;—the firft, if true, was punished without enquiry; and the fecond was fully refuted, by the fmall number of attendants taken by Mr. Haltings when he went to punish his delinquency.-[On thefe topics Mr. Grey dilated with infinite force of reafening; but as the ground has been in a great degree pre-occupied by thofe that have preceded the Hon. Gentleman, we forbear to follow him. He was alío, at times, exceedingly fevere upon Mr. Haflings; but though fuch strength of expreffion is undoubtedly juftifiable in an Advocate fpeaking from his conviction, our fenfe of propriety forbids us to follow the Hon. Gentleman by a literal report.]

There was alfo, he obferved, another fpecies of guilt imputed to the Rajah, which was the fuppofed concealment of vast treafures. This was indeed a GRIEVOUS FAULT, and grievously had the Rajah been made to aufwer it. This laft was the caufe, however, of Mr. Hattings' journey to Benares, which had been produ&ive of fuch extraordinary events. He then took up Mr. Haftings narrative of his journey, “given with a fo1emnity cqual to an oath," which he compared with his defences, and pointed out a variety of ftrong contradictions. In the one, Mr. Haftings declared, that, previous to his departure, he had communicated his plan of operations to Mr. Anderson and Major Pal

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mer; in the other, he averred that he acted from the exigency of the moment.-After pointing out a variety of fimilar inftances, he observed that the maxim was not lefs old than true-QuoS DEUS VULT PERDERE PRIUS DEMENTAT.-The fanity of the intellect was difordered by the vice of the purfuit. It would have been impoffible to follow Mr. Haftings through all his windings, if he had not himself afforded a clue to his tranfactions. In the midst of his contradictions, he frequently threw a light on the circumstances, which no degree of enquiry could produce.

Mr. Grey then proceeded to state the arrest of the Rajah, with all its circumftantial ignominy. There was a point, he observed, in human nature, beyond which outrage could not be fuffered, nor indignity be borne. Yet all this difgrace in the eyes of his people, produced in the Rajah but a repetition of remonftrances, and an added degree of humiliation. He read the very affecting letter from Cheyt Sing, which concludes― "Whatever may be your pleasure, do it "with your own hands.-I am your flave."What occafion can there be for a guard?" -Having mentioned the inefficacy of these applications, he then related the circumstances of the refcue of the Rajah, by the tumultuous force which had croffed the river from Ramnagur, and the flaughter of the British guard, when their countrymen could only arrive in time to witness their expiring friends. For that carnage, he faid, and for all the horrid business which fucceeded, Mr. Hastings must undoubtedly be answerable. He who sowED the SEED, muft neceffarily be looked to as the AUTHOR of the HARVEST. It was the natural effect of oppression to beget refiftance; and if the confequences be fatal, the oppreffor is undoubtedly guilty.— In relating the escape and subsequent calamities of the Rajah, he remarked with great force, how fatally the transfer of the fovereignty to the Company had operated against his interefts. He had paffed from the fovereignty of uninformed Barbarism to that of enlightened Religion;-he had exchanged the arbitrary code, as it was deemed, of Timur, for the mild fway of British juftice. But what was the confequence? Under the former he had found PROTECTION-under the latter his portion was MISERY!

The next point of criminality which Mr. Grey alledged against Mr. Haftings, was the affault by Major Popham on the fortress of Bedjeygur, where the wife and mother of the Rajah refided, and the incitements which he had on that occafion held forth to the foldiery to plunder and rapine. In proof of this charge he quoted the very words of the VOL. XIII.

Governor-General to Major Popham :If the reports brought to me are true, your ' rejecting her offers for any negociations with her would foon obtain you poffeffion of the fort on your own terms. I apprehend fhe will contrive to defraud the cap'tors of a confiderable part of the booty, by being fuffered to retire without exami'nation. "I fhould be very forry that your "officers and foldiers loft any part of the "reward to which they are fo well entitled."

This letter had been defended by Mr. Haftings, merely on a cavilling diftinction between a public order and a confidential letter. But that the letter was not cONFIDENTIAL, was fufficiently proved, as the next day there was not an officer or private in the detachment who was unacquainted with its contents; and even if that were not the cafe, there was no military man who would not look on fuch a letter as a compleat justification of whatever he should do in obedience to its intimation. Accordingly, the hint was not loft. The fortrefs was furrendered-its unfortunate inhabitants plundered of every thing, in violation of a folemn compact-yet the foldier had an excufe to plead. The orders of the Governor-General were not more cruel and barbarous, than they were peremptory and fpecific. Thefe females of dignified rank were, therefore, stripped of every refource in their want, and of every folace to their eye!-Those who had compared Mr. Haftings to Alexander the Great, would here find their parallel was greatly deficient. Alexander had fo comported himfelf to the wife and mother of Darius, that they fcarcely felt their lofs;-Mr. Hastings, on the contrary, had fo demeaned himself to the wife and mother of Cheyt Sing, that the unfortunate Rajah felt their fufferings as the keeneft aggravation of his own.

It was not a little remarkable, Mr. Grey obferved, that the oftenfible purpose of Mr. Haflings, in his journey to Benares, was to recruit the Company's Treafury; but no fooner did the occafion offer for that purpose in the feizure of the fortrefs of Bedjeygur, than the plunder of 250,00cl. was configned to the troops. It was true, indeed, that on the reprefentation of the Council, he had attempted to refume it by way of loan. They knew him too well, and this ftratagem failed of course. He had then endeavoured to drav refources from a country already exhaufted, when he appointed the minor Metriparain to the empty title of Rajah, fixed the fum of 40 lacks as the annual tribute, and named Ouffain Sing as the collector of the taxes, under the controul of Mr. Markham. The country was depopulated, and no force could make it productive. It was

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in vain that Quain Sing was imprisoned at the end of the year on account of the deficiencics, and confined until death put an end to his mifery. His fucceffor could do no more and at the end of three years, when Mr. Haftings repeated his vifit, defolated towns and ruined villages convinced him of the truth of their reports. No contraft, Mr. Grey obferved, could be more ftrong than that of the defcription given by Cheyt Sing of the territory of Benares whilft under his government, compared with its fituation when under the Eaft-India Company. "My fields," fays the Rajah, "are "cultivated, my towns and villages full of "inhabitants, my country is a garden, and

my RYOTS (husbandmen) are happy. The "principal merchants of India, from the "fecurity of my government, refort to my "capital, and make it their refidence. It "is the Bank of India, and contains the "treafures of the Mahrattas, the Jaiks, the "Saiks, the native and European nations. "The traveller and the ftranger, from one "end of my country to the other, lay down "their burdens, and fleep in fecurity."When Mr. Hallings, on the contrary, went through thofe diftricts, Famine and Mifery ftalked hand in hand through uncultivated Selds and deferted villages. There were found only the aged and infirm, who were unable to fly; robbers, prepared to kill; and tygers, whofe ferocity marked the defolation of the fcene.-Such was the contrast between the dominion of the INSOLENT Rajah, and of the unaffuming and judicious Mr. Haftings.

Having dwelt at confiderable length on this fubject, he fummed up the whole of this charge with a degree of force which could only be equalled by the modefty of his conclufion.

"I hope not much longer to be trouble"fome. I beg indulgence but for few words

more.

"If, my Lords, in going over my appoint"ed ground, I have ever been hurried too faft, or carried too far;-if my imagination has, against my with, feemed at times "over-heated as it went, and the VERBUM 66 ARDENS ftrayed away from the proper "aim-let my heart be understood to be in"voluntary let my excitements be acknow"ledged pure. I hope I may with full cre"dit DISAVOW MALICE. I PANT FOR 66 TRUTH. But I cannot, here, look for it "without emotion!

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"Who can, who fhould be unmoved, "when he becomes the spectator of enormi

"tics!-when he is delegated to a facred "fervice for the detection of guilt!-when "he thinks he can trace criminality to "its PROOFS, as certainly as he has fympa"thy for its CONSEQUENCES!

"Think, my Lords, if you can, without "rational anger, of outrage-exaction-de"valtation and death-the plunder of "provinces !—the diftrefs of nations !—all

nature blafted by the withering malignity "of man!--the helpless and the unoffend"ing-what is ufeful, and what is honour"able-the peasant, and the prince-all pre"maturely fwept together to the grave!

"His deeds-whoever fins up to deeds "like thefe-his deeds be on his head !-he, "by whom the SEEDS OF RUIN are fcatter"ed-his is the HARVEST OF INIQUITY"the PENAL RESPONSIBILITY, at each "exact tribunal, here and hereafter !

"Thus, my Lords, you cannot help for"giving the ftrong emotions, which your "own honour and humanity must feel.

"But there is more to be forgiven-! have "much positive imperfection-I have more "comparative deficience to deplore.—I have, alas! taken a task that is above my "ftrength-and have been forced to follow,

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gaze after new fublimity in ideas-No, my "Lords, it is NATURE!-it is TRUTH!"it is from duties well done-from privileges "well afferted-from the steady maintenance "of every thing right, and from the ftrong "impeachment of all who are wrong, that "we can fatisfy the claims of existence and "refponfibility!-decorate ourselves with "the only ennobling quality, worth-and "tranfmit the remembrance of OURSELVES, "and the very name of OUR COUNTRY, "with common honour to our children *."

As foon as Mr. Grey had concluded, the Committee of Managers began to adduce their chain of evidence on this important charge.

Mr. Anstruther opened the evidence, and called

Mr. Morton, Secretary to the East-India Company, to prove the terms of the Charter

* Mr. Grey was nearly two hours in delivering his fpeech; his manner was fuited to the ●corfion; he was feryid, graceful, and impreffive. He was well colleted, without arro

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granted to the Company in 1696. In this Charter all rights belonging to the Royalty are exprefsly referved.

Mr. Hudfon was next called to prove the appointment of Mr. Haftings to be GovernorGeneral.

Mr. Benfon was afterwards called to prove the Act of Parliament of 1774, and likewife the Anfwer of Mr. Haftings to the Articles of Impeachment in the Commons.— The answer to the charge refpecting Benares occupied upwards of an hour; and after the reading was finished,

Mr. Law, on the part of the prifoner, made two objections to the evidence. The firit was, to copies of difpatches being read, unless the originals were proved to have been received; and the other, to the Journals of the House of Commons being read in evidence-both which were over-ruled by the Lord Chancellor.

Mr. Anttruther informed their Lordships, that he fhould not trouble them any longer this day, but he intended to bring further evidence next day.

NINTH DAY.
TUESDAY, FEBRUARY 26.

Mr. Anftruther went on with the evidence on the Benares Charge. There was no perfonal witness called to give oral teftimony. Office documents were adduced on the fubject of Mr. Haftings's Commiffion, and the fimilar authorities of his predeceffors, Mr. Vercift and Lord Clive.—Mr. Cartier had, it feems, no Commiffion in his appointment at Bengal.

Thefe were alfo read-the Conftitution of a Zemindar-the Conftitution of Cheyt Sing and various Extracts from Secret Letters to the Eaft-India Dire@ors-Minutes of Council at Calcutta--Communications, Converfations, &c, &c.

In the courfe of thefe, fome few words paffed between Mr. Law and Mr. Fox. The

former having read, contrary to the wishes
of the latter, not an Extract from an Inftru-
Mr.
ment, but the inftrument at large.
Fox "imputed this---wherefore, was not vifi-
"ble-to delay; and urged in future inftances
"of fimilar exacinofs, that the Countel thould
"alledge the fpecic object of cach evidence
"thus additionally adduced;-an allegation
"which will prevent trifling, by the shame of
"voluntary falfehood !"

To this thort fpeech, Mr. Law afferted in few words, what few feemed willing to deny, the existence of his right, and the propriety of his exerting it.

After fome converfation between thofe Gentlemen and the Lord Chancellor, it was agreed that no paper fhould be read at length, unless a fufficient reafon was affigned.

At half paft four o'clock, the appointment of the Benares Refident being the object, an altercation arofe about a letter written by Mr. Haftings, which the Managers were for reading, and the Defendant against.

The date of this letter was 1779-Mr. Markham's appointment to the Refidency was 1781. The Chancellor feemed to doubt the relevancy of the letter. Mcff. Fox, Anftruther, and Adam, fupported it. Mr. Taylor alfo was going to speak-when, on a motion from Lord Camden, the Lords adjournedand, contrary to the expectation of many people who waited their return (among whom were Mrs. Sheridan, the Duchefs of Devonfhire, &c.), the Court concluded there +.

On their Lordships' return to the Houfe to decide upon Mr. Law's objection, the Lord Chancellor, Earl Stanhope, the Duke of Norfolk, and Lord Hawksbury, feverally delivercd their fentiments, when it was agreed without a divifion, That the evidence of"fered by the Committee was admiffible " evidence, and ought to be received."

Ordered a meffage to the Commons, that the Lords will proceed further upon the trial of Warren Haftings, Efq. on Thursday next.

gance; free in his expreffion, without any rattle of volubility; firm in his fentiments, with fcarcely any difgufting obduracy to the Defendant.

Mr. Grey (poke like a man in earnest. He did not philofophize, agitate, and edify, fo powerfully as Mr. Burke; but he fhewed fome reading, and fome abftract reflection. He not only declaimed, but his fpeech had, what is 15 attainable by fo young a man, much good arrangement and lucid order.

* When a letter to Cheyt Sing was reading by the Clerk, Lord Stormont, with much fagacity, enquired, "if there was any title in the Addrefs, or any Address at the conclusion "of the page?" The answer stated-" there was none."

The Archbishop of York, on the word "independence" occurring in one of the dccuments relative to the Zemindar, afked the import of the word, and "whether it referred to The Chancellor bore teftimony to the "the India Company, or to Local Sovereignty ?” propriety and importance of the queftion; but faid, the confideration at prefent was informal. † But very few of the Commons, not above 20 or 30, were prefent through the day.There was at firft rather a full auditory; but they foon quitted the Hall.

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TENTH DAY.

THURSDAY, FEBRUARY 28.

The Court met at twelve o'clock, when the Lord Chancellor informed the Managers of the refolution of the House refpecting the letter to be admitted in evidence.

The Clerks alfo paffed through a various mafs of other written evidence-from the Confultations of the Calcutta Council-their Letters to and from the Company, public and fecret-some of which, had the meaning been to have kept it fecret ftill, could not have been better read.

Two of the Clerks from the India Houfe were at the Bar with their Office Books-and both, but particularly the Accountant, gave a short teftimony, in a mode that was very fenfible and well collected.

The evidence adduced, chiefly went to the Benares Residency, and the circumstances in the appointments of Mr. Fowke and Mr. Markham-the Stipends-the Cavalry-and the Subfidy in lieu.

The eloquent and convincing Account of the Expedition to Benares, ftated to be written by Mr. Haftings, was the laft paper before the Court. Much of it was read, till the Clerk could fee to read no longer;-at near half after five o'clock, therefore, the Court adjourned *.

Befides what has been mentioned, there was little faid or done. Lord Stanhope spoke a few words, and Lord Stormont, both very much in point.

ELEVENTH DAY. FRIDAY, FEBRUARY 29. The business on this day commenced rather fooner than ufual. At eleven o'clock the Peers were feated, and the Court had paffed through the general forms.

The reading of the neceffary documents was then refumed; the letters of Mr. Haftings, and the Rajah Cheyt Sing-the Mi

nutes of the Secret Council-the correfpondence of the Court of Directors, and variety of other papers were read which made matter of evidence on the prefent charge. On producing Mr. Haftings' Narrative of the Expedition to Benares, Mr. Adam fubmitted a propofition to the Court-that as they had determined that the business of each day fhould be printed for the use of their Lordfhips, it would tend much to expedition, without fubtracting from the justice of their proceedings, if the neceifary extracts from the Narrative were only marked for the purpofe of being printed, without being read at length in the present inftance.

To this propofal no objection was made until Mr. Adam had nearly gone through the whole statement of the extracts which were intended to be printed.

Earl Stanhope then rose suddenly and said, that in making the motion in their Lordships Chamber of Parliament, for the printing of the papers of each day, it was not his intention that any should be printed but fuch as had been previously read. In his opinion, the ends of fubftantial juftice would not be answered by paffing over the papers in the manner now proposed.

This objection brought on a variety of obfervations from the Lord Chancellor, Earls Camden, Fitzwilliam, and several other Peers; but Lord Stanhope adhering to his original opinion, it was agreed, that to avoid the inconvenience of a temporary adjournment, the extracts fhould be read at length according to his defire t.

When these were concluded, a variety of accounts were produced, tending to fhew the ftate of the establishment in Benares, after the expulfion of Cheyt Sing, and of the extravagance of the annual tribute demanded by Mr. Haftings of FORTY-NINE lacks, when the country, in its moft profperous ftate, had never produced more than FORTY-FOUR, and

*The Hall this day had not much refort-there being but very few Members of the Houfe of Commons prefent- -never more than twenty, and latterly but three-and of Peereiles, from feven, till they dropped to three alfo.

The Papers read were different Minutes of Proceedings with Cheyt Sing-of the country laid wafte-the Bengal difpatches-and then the appointment of Mr. William Markham to the Refidency of Benares.

On this fubje&, the reafons of Mr. Haftings for this appointment were read. If the grounds of the appointment were creditable to Mr. Markham, the reafons given by Mr. Haftings were still more fo, to his own understanding, and were enforced with all the strength of fine writing.

Mr. Fowke was removed but the honourable manner in which that removal was expressed by Mr. Haflings, was more flattering than the office itfelf. His falary too was continued three months-amounting to 3cco rupees.

The conclufion of the written evidence confifted of the detail of the prize money -letter from Colonel Champion-and a picture, before given from Mr. Haflings, of the devastation of the country of Benares.

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