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these only under the pressure of severe exac letter could not be a private one, as it contion.

tained public matter; and that the cause of The writterrevidence being concluded, the the precipitancy was, that in the case of the Managers proceedid to enforce it in particular Rohilla thu troops had never received their parts by oral teixi:nony.

booty. Mr. Hastings asked if it would be Mr. Adam connected and explained the possible to make the officers rcfund, and that above evidence.

if they would do so he would use his inAt half pait thrte, the first evidence called fluence with the Board to procure for them

the money afterwards, This he told him he J. STABLES, Esq.

thought impossible, as it was already too Examined by Mr. ADAM.

generally diffused. He said he brought a This gentleman was second in Council. sword as a present from the officers to Mr. Being sworn, he stated that he went to India Hattings, and some ornamental plate to Mrs. in 1759, and that in 1764 he was an officer Hastings, but he knew not whether they ulin the army font to Benares; that he had fre timat:ly remained with them, as he delivered quent opportunities of seeing Bulwant Sing; them to Mr. Markham; he believed they that he looked upon him as a very confider never did receive them, but he never heard able person, and that in the end of the year what became of them. 1763, or beginning of 1754, a negociation The above gentleman, extracrdinary as it was set on foot to detach him froin the Vi may seem, was brought by the Prosecutors. zier, to whom he was tributary, and to en His ideas and account of the general antipagaze him in the English intereit. That the thy to REFUNDING, occasioned much encountry of Benares was full of people, and in tertainment. The Chancellor could not help high cultivation; that Bulwant Sing was smiling. treated by his subjects with marks of affec Mr. Calcraft was cross-examined by Mr. tion very different from the attention shewn Dallas. to a mere Aumcel or Collector ; that Be The third witness called was nares was the residence of a wealthy commu

Mr. BENN. nity of ther eligious order ; and that the army Examined by Mr. ANSTRUTHER. in which he served were not permitted to en Hc depoted, that Durbijah Sing was conter the place.

fined in a house belonging to the Rajah of He was cross-examined by Mr. Plummer. Benares; that he had a garden of fix acres ta

The next witness called by the Managers walk in; that all the guards were on the out, was

side, and walked around it. That DISEASE FOX CALCRAFT, Esq.

--but which he did not further explainExamined by Mr. Grey.

was the cause of his death; that it was not Mr. Calcraft stated that he was Aid du occalioned by any cruelty. That he could Camp to Major Popham, in the detachment not recollect that the New Minister, Jagger that took the Fort of Bedjeygur ;-that the Deo Seo, or any períon for him, had ever treasures found in the Fort were divided as complained to the British oificers that the plunder among the army, which he under revenue was infufcient to the demands; and stood to be done under the authority of a let that in particular, he could not procure the ter from Mr. Hastings; that the plunder was fix lacks destined for the maintenance of the divided the day after the seizure, and amount Rajah, That the arrears of his collection of ed to 25 lacks of rupees; that each fepoy had the revenues were submitted to arbitration. 100 rupees; that he was dispatched with the That that arbitrator was Ala Elram Cawn, intelligence to Mr. Hastings, then at Chunar, against whom no word of blame had ever 40 or 50 miles distant, who expreffed vehe been uttered by any one. That one lack, ment dissatisfaction at the division of the

50,000 rupoes, were awarded to be due from plunder among the foldiery at a time when Durbijah Sing. That in the years 83, 84, the Company wanted the money; that he 85, and 86, the country of Benarcs was in represented to Mr. Hastings the letter he had high culti;ation, and well peopled. written to Major Popham, as giving an au As this gentleman was proceeding in his thority to the division.- This Mr. Hastings evidence, which did not seem to fatisfy the denied, said the letter was private, and gave Managers, a question was proposed, tending no authority; that in all the proceedings of to convey, that he gave another account before the war every oficer had submitted to his the House of Commons. advice, and that it was wrong to proceed to Mr. Law took an objection to this querthe division, which he called a brambls, on sion, as being contrary to the practice of the account of its precipitancy, without his con Courts for prosecutors to arraign the credibigurrence, he being foncar. That in answer fty of the witncres they had themselves to this, he said to Mr. Hastings, that the called; nor was it proper that they fiould go

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into a new enquiry after the cross-examination brought upon this, or after this, upon any W25.concluded.

other cause, would find his character taken Mr. Fox said the Icarned gentleman was away, his veracity calica in question, and his mirlaken as to the practice of that lligh Court. oath disputed, bucause he did not answer the In the case of Lord Lovat, whicre a witness expeciation of those who brought him. He was apparent!y unwilling to answer a quel believed mere honourable witnesscs, or names tion to the extent which the Managers knew more respectable, were not likely to be called he could answer it, thcy clinicd the right, on any futurc trial: and hc trusted their and they were permitted to refrol his me Lordnips would not be told by the Managers, mory by asking lin what he said before. however high they might hold themselves, that

Mr. Adam contended that the practice of you ploil MAKE A RULE for us. Ours is a the Courts below was invariably to allow of peculiar cafumwe are to force out truth, and kading questions in the case of unwilling by violence must we come at it. but, my witruffes, which it was the nisfortune of Lords, concluded Mr. Plummer--if to do a this profecution to have; for the witnesses little rigbe, you are to do a great wrongwhom thcy irad to adduce in the couríc of the consider what a precedent you establith; wiat trial flood in such a relation to the prisoner, high roads you lay open to erior. If you dcas would make it extremely difficult for the termine this attempt in the Managers to be Counsei to come at the tru:li, if the Mana- law, you argue against all other cases that **s were deprived of the means of extracting we know of; and if you make a new Rule, as it, which was invariably pursued in the they would have you--suruie Courts in their Courts.

tum, will lcave or adopt it at their pleasure.” The question being put hy the Court, and Mr. Fox said, the two learned Genti-men antwered in the affirmative, Mr. Antiruther had ipoken very ingeniously; but it unforturead from the minutes a question and answer, nately happened, that they had totally and purporting t'iat hcavy complaints were made compleat'; nifi prelunted or misunderstood by the milicr, that the revinues were not the case. They had made the whole of their fafricindy al undant

mand heatfircd to know argument on the affamcd fact, that the Mawhether th s question was not put, and this nigers were di Girous to blast the charaders of antwer given.

the witness. No such thing was intended Mir. Law rencwed his objection, and a nor tried. He revolted at the idea of innpretty long debatc took place, which occu pcaching the characters of the witneires he picd the remainder of the day, and pro brought to the bar. The Managers felt that rented the Court from concluding on this they were responsible for their conduct, and

thuy disdained to bring witnelits to the bar of Mr. Law said, it was contrary to all pre that high tribunal, whom they previously knew ccdent in every Court of Judicature for pro to be improper, and unfit to be creditcd. It secutors first to examine their witnesses, to so happened, that, solicitous only of producing Luffer them to be cross-examined, and then truth, they liad endeavoured to do that which finding the evidence not exacily what they every Court invariably practised in the case of expecree, or what they wished it to be-to an adverse vitress. They had endeavoured mike an atre.mpt to blait the character of to refresh his memory by a kuding question. ther or witneffes, and to take from thicm Now, though on this, as well as on all qura all credibility. This was a thing unheard tions, he must enter his prɔtelt againt the of in judicature, and he trusted that their idca, that tiat High Court was to be guider Lordlips would not allow of a practice so by the practice of the Courts below; con. new and pr.poderous. He ftated the matter tending as he did, that their Lordlips were in various il ys, and argued that it was fun to be guidd by those rules only of which he dam ntali; imr propcr.

acknowieriged the propricty, yet fill he was Mr. Flummer rose to answer Mr. Adam Riady to put his ignorance against the legal --which he did in very strong and poweriul knowledge of the karned Counfil, and to

He requested “the Couit to advert agree with them, that it was the constant to the nority of this attempian attempt, practice of the Courts to suffer leading querhe bui ved, bcfore untriid in any Cout of tions to be put to unwilling witnçlies, and Judicature wisativer. A party call their that this was not considered as an impeachrrn wirnuf)--they examine him ir their own mint of their credibility. Even in cases of Wi-hc is then civiserani nc'', the color life and death, it was common to say to a Party; and when the l'r víccutais find that he witness, This was not what you said before does not turn out the evidence they wilh- the Magistrate, &c.; and that such refrethllis y en cavour to destroy the testimony il y ment of recollection was propcr, and contribare tirantelves brought, and impcach liis crc butcd to the produc.ion of truth. This was ''!;The precedent was indeed new! all that they denied in this instance. The bui winilas would it ica? Evury gentiuman witnus might bave improved his knowledge"

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by exercising his memory on the point since words; and it being past fix o'clock, and quite his examination before the Committec, and dark, the Lords adjourned to their own Chalit would be no attack on his character, if on ber, where they rcsolved to put a queftiori on a more precise recollestion his evidence might the point in dispute to the Judges; and adbe difcrent now from what it was then. journed the Court * to Thursday the nothie Mr, Michael Angelo Taylor and Mr.

of April. Burke concluded the debate with a few

[To be continued.]

JOURNAL of the PROCEEDINGS of the FIFTH SESSION of

the SIXTEENTH PARLIAMENT of GREAT BRITAIN.

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MARCH 10.

and of an empire might depend upon therh. THE Royal Alfent was given by commis if two armies were in the field, and it was

fion to the American Trade Bill, the the wish of one of them to come to an eriWest India Intercourse Bill, the Worcester gagement, and of the other to avoid it, the Rond Bill, and five private Bills.

latrer miglis find no other means of preventMARCH 11.

ing a battle, thin by strongly intrenching Their Lordfhips met for the purpose of himself, so that he could not be attacked withi. taking into cofideration the petition of the out evident disadvantage to the attailant ; in Earl of Dumfries, impeaching the vote given such a cale, 600 artificers would be of more to Lori Cathcart by a person claiming to be service than three times their number of orLord Kurberford; and the Counter Petition dinary soldiers. from Lord Clichcart impeaching the vole gi The Earl of Hopetoun, Lords Rawdon and ven to the Earl of Dumfries, by a perfon Cathcari, took part in the debate ; but the claiming to be Lord Colville, of Ocbiltree. It clause against which the opposition was diwas agreed that their Lordiliips fbvuld begin rected, was at last rutiered to pafs without a by enquiring into the claim of the soi-disan! division ; and the House ordered that the bill Lord Rutherford. Some witnesses were calle should be committed on a future day. to the bar, to identify the person of the indi. The order for the second reading of the vidual who had voted as Rutherford. This Declaratory Bill being then called for, having been done, the Counsel for Lord The Duke of Norto k informed their Lord. Dumfries began to thew cause why his vote ships that he liad a petition to deliver from ought not to have been adinitted ; after several of the Proprietors of India Stockia which the House a journed to

praying that the second reading of the bill MARCH 13)

might be deferred till Thursday, because, acWhen their Lordihips, on the Motion of cording to the conftitution of the Company, Lord Loughborough, adjourned the further they could not procure an earlier fitting of proceedings on this subjset.

the Couri of Proprietors, whose sense they MAXCH 17.

wished to take on a meature fo very intercítThe attention of their Lord'hips was this ing tothem. The petition was brought up and day taken up with the confideration of the read; but no order made in consequenczofk. Mutiny and India Declaratory Bilts. On the Lord Purchetter however opposed the bill: former being read a second time, it was op He obferved that as it was brought in for the posed by

purpose of declaring the sense of an act parfed The Duke of Manchester in that part in 1784, it would be proper for their Lord. which relate to the six companies of military ships to take the opinion of the Judgement artiticers, whom his Grace thought unnecella wherher this bill was a fair conttruction if ry; and therefore said he never should con that act; for this purpose his Lordship moved, sent that the right of trial by jury should be " That it be proposed to the twelve judg:*, taken away from so many fellow.fihjects, whether, under the 24th of his present M3and a military trial substituted in its stead, jefly, troopa fent to ludia for the defence of

The Duke of Richmond defended the our poffcftions in chat part of the world, but measure, which he acknowledgsu to be his without the requisition of the Eft tan via Com. own. There was noi, he faid, a Court in pany, might be paid out of the revenues of Europe in which such a corps was not the Company.'' kept up, from a conviction that they were The Lord Chancellor, and the Earls Fitz. necessary; in many cases the fate of an army, william and Hopetoun ipuke for a few mia

The Commons this day rose from twenty to fixty. The thermometer stood there at the highest.

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nutes. The House then divided upon Lord Lord Porchester then moved, that part of Porchester's motion, which was negatived, a clau e thould be omitted; but this motion there appearing Contents 30-Non-contents shared the fate of the former, and was nega73—Majority 43

tived by precisely the same Majority of 21. It was then moved, that the bill be read

Contents immediately a second time, on which the

Non-contents Duke of Norfolk moved for Thursday.This produced a second division, when there Majority against the Motion appeared Contents 33—Non-Contents 75 Earl Fitzwilliam moved, that in that part Majority 42.

which describes the Troops that the Board of A debate afterwards took place upon the Controul may send to India, the word Eurobill, in which Lord Walfir.gham, the Duke pean should be left out, and the word British of Richmond, and Lord Sandwich supported inserted in its room. By this Amendment it ; and Lords Stormont, Carlisle, Rawdon, his Lord hip said he meant to restrain the and Tankerville opposed it.

Board of Controul from sending out what Lord Sandwich took an opportunity in the number of Troops they pleased, by putting it course of his speech, to blame the first Lord out of their power to send any other than Briof the Admirally, for not having kept up a tish. naval force in India.

It was contended that the motion was un. Lord Howe said he had acted upon the necessary, as under the clause, as it originally best grounds, and was ready to meet any en stood, the restraint was actually in existence. quiry that might be made into his conduet. The Amendment was rejected without a di

The Marquis of Lansdown also joined in vision. blaming the M nister, and said the smallness Lord Loughborough moved a clause to li. of our naval force in the Indian Seas, had mit the duration of the Act, of which the been matter of so much concern to him, that present Bill was an expofition, to the duration he had thought of bringing the subject before of the Company's Charter ; and the reason Parliament.

his Lordship ailigned for his motion was, that It was at last moved that the bill he com it would be unjust that the Company Mould mitted ; accordingly, at one in the morning, be subject to the Controul of the Board, after their Lordships divided upon this motion, it should have lost the poffeffion of the terwhen the commitment was carried by a ma ritorial acquisitions, which alone had given jority of ---48

a colour for any Controul at all. Contents

On the other hand it was coutended, that it Non-Contents

27 would be preposterous and absurd to set li

mies to the duration of an Act, which in itself Majority

contained no limitation, by a Declaratory Bill, MARCK 18.

which was professedly explanatory of the forThis day their Lordships sat in a committee on the India Declaratory Bill, Lord Ched. His Lordship maintained the propriety and worth in the chair ; and a long converiation justice of the measure ; he contented, how. took place, which was the less interesting, as ever, to withdraw it for the present, giving it turned chiefly, as is usual in Committees, notice, however, that he would bring it foron words in clauses to be added or left out. ward again, in the shape of a rider, to be

Lord Loughborough said, that as the pre tacked to the Bill on the third reading; and amble asserted that the powers claimed by the he requested their Lord hips would turn the Board of Controul, were actually given by the matter in their minds in the mean time. Act of 1784, it would be proper that the The Committee having got through all the clause in that A&, if any such could be found, clauses, the House was resumed, and having which gives such powers, should be inserted ordered that the report ihould be received the in the preamble of the present bill, that it next day, adjourned at nine o'clock. might be seen at once, whether the exposition

MARCH 19. of law contained in this declaratory bill was The order of the day being read for the well or ill-founded. His Lordihip made a third reading of the Declaratory Bill, Lord motion to chis effect. But it was opposed by Loughborough rose to move, “That the said

The Lord Chancellor as unneceffary and " act be continued only during the continuance contrary to practice, as no such thing could “ of the present charter." be found in any Declaratory Act he had ever The question was put, “ Whether the read~After fome conversation on this sub motion of the Noble Lord should stand,"ject, a division took place, and the motion which was negatived without a division. was rejected by a Majority of — 21

Lord Porchester tried the sense of the Contents

24
Non-Contents 45 House on the very identical question he had

proposed

75

48

mer.

proposed on the second reading, and with the Surely it is a proposition absurd and monstrous like effect.

on the very face of it, to call upon this House The bill was then read a third time.

to declare what was and is law subject to Lord Loughborough observed, that from provisions which thall be. A declaration to the papers on the table, it appeared that the qualified is a new specics of bill of indennoits, four regimenis, deliined for India, wanted which, unlikeall others, does not content iiahove scoo men to complete them. If they felf with holding forth terins of protection were rent out in such a condition, and he did againīt the pena! confequences of an illegal not see how they could be completed in time aćt committed, but retrospectively alters and, for the failing of the Company's sh ps, he reverses the nature and effence of the action would be fully warranted in saying, that we itself from its very origin, if certain prowere going to send out skeletons of regiments, spective conditions be fubiequently observed. tu fill up skeletons of regiments in India.

2dly. Because the preamble of the preLord Sydney faid, that there was only one fent bill, which must be presumed to set of the regiments that was not nearly com forth the legal grounds of the propose! deplete; and it was intended, that the privates claration, does not appear to us in reality to of that one Mould he drafted into the other contain any fuch grounds. It offers nothing three; which, by that measure, would become more than partial and pieced extracts from complete : The officers of the fourth regi. various sections of the 24th of his present ment were to remain in England to recruit, Majesty, two of which evidently convey and to complete their establishment in time to only general powers to be exercici in be sent out the next opportunity.

such manner as in the said Act is directLord Loughborough observed, that the ed,” that is, subject to limitations and mouiHouse was now to understand that only three fications not recited in the preamble; and regiments, consisting of scarcely 2100 pri- the third of these extracts, which is taken vates, were to sail this season; and that the from the conclusion of the IIth section of fourth was to remain in this country in the pay the Act abovementioned, is in truth part of a of the East - India Company from the day it clause imperative on the Directors, nut enwas embodied.

abling to the Commillioners ; binding the The Marquis of Lansdown, Earl Stanbope, former to obey the orders of the latter, (that Lords Portchester, Loughborougl, Stormont, is, all such orders as they may lawfully issue Hawke, and Grantley (poke against the Bill, under other parts of the AA) but not conwhich was defended by the Duke of Rich. ferring on the latter any portion of ditt.net mond, the Earls of Camden, Hopetoun, and power. Their powers, whatever they may Abingdon; Lords Sydney, Bulkley, Onslow, be, must be fouglit in the enabling clanses of and the Lord Chancellor.

the Ad, by which alone this imperative On a division the Bill passed by a majority clause can be construed, but of which not a

trace is to he discovered in the preamble. Contents

71

zuly. Because the limitations and restraints Non Contents 28

on the power of the Commillioners, which The following proicft was immediately en are now iinposed for the first time in this tered,

bill, cry with them an intimation highly DISSENTIENT.

derogatory to the honour and wisdom of this ift. Because we object altogether to the House; inasmuch as they imply, that in the very ftile and form of the present bill, inaf very moment when this House felt the mott much as it purports to be a Declaratory Bill tender apprehensions for the lifety of c.of a kind as dangerous in its application as it tered rights, and when they were moft anis certainly unusual, if not new in its principle. xiously alarmed for the confequencca of If the Act of the 24th of his Majelly be clearly ciaosferring the power and patronage of expreffed, any declaraticn of its lenfe is evi the Company even for a lime, they confcidently unnecessary; if it be worded, whether oudy and deliberately parled an 227, by which from accident or design, in dark and equi. thule riglits were to be superseded, and that vocal terms, we conceive, that, in order to do power and patronage in effect vested in the away every ambiguity, the mode most open Board of Controui for ever, without sufand candid in itself, as well as most regular ficient checks and guards to protect the one, and conformable to the usage of Parliament, or to prevent the corrupt use of the other. would have been by a bill to explain and The auihors of these limiting and restraining amend, and not to declare.-And we cannot clvules have left to the majority of this House but behold this extraordinary bill with yet no other refuge from the imputation of this greater alım, when it bas been avowed that inconsistency, but in an ignorance of that it is intended to operate as an Act of Indem. meaning, winch we are now called upon to wily for past measures not explicitly stated. declare, VOL. XIII,

EG

4thly.

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