To tell his Worship, that He must not (wear? In London, happily our zeal's more warm: No fecret canker now corrupts the State; Spread thro' the Square, and all along Pall- Are fuch!-'tis quite impoffible to tell. care, A Female Bard has glean'd fome Follies there. Bred among thofe, who would not fear to own 'em, Had there been Vices there, she must have known 'em : Some trifling faults, perhaps, as Drinking, Pride, and the like, may want a little shaming; you; Ye Rich-ye Poor,-above-below the Applaud her, and promote the common caufe: EPILOGUE. IS the Storm over? is the Thunder past ? "For brave it was, thus fairly, on the Stage, "To meet the Coxcombs' and the Gamblers' rage; "Fearless in Virtue's caufe to draw her pen; "And prove what Women dare, against you men "With diffidence first ventures on a Picture; "More than content, if he escape from blame : "Your PRAISE may give the Portraiture a name, "And fix, if jutt, its Character and Fame! 14. 'Tis an Ill Wind Blows Nobody Good; or, The Road to Odiam, a Farce, was acted at Drury-Lane, for the benefit of Mr. Badperformed, very prudently availed himself of deley. The actor for whom this piece was the prefent attention to boxing; and produced the prefent Farce, which probably answered his purpose. It had but little merit, and received as much applause as it deserved. ACCOUNT ACCOUNT of the TRIAL of WARREN HASTINGS, Efq. (late GOVERNORGENERAL of BENGAL), before the HIGH COURT of PARLIAMENT, for HIGH CRIMES and MISDEMEANORS. TWELFTH Day. (Continued from page 207 ). THURSDAY, APRIL 10. other questions of more intereft, and they did not know but that fuch restraint might ABOUT half after twelve o'clock the feriously affect the courfe of public juftice. Court met, and being opened with the ufual folemnities, and the prifoner brought to the bar, The Lord Chancellor informed the Hon. the Managers for the Houfe of Commons, that he was directed by their Lordships to inform them, that "when a witness, produced and examined, difclaimed all knowledge of any matter fo interrogated, it is not competent for the Managers to pursue such examination by propofing a question, containing the particulars of an answer fuppofed to have been made by fuch witnefs in any other place, and demanding of him whether the particulars fo fuggefted were not the anfwer he had made." Therefore he informed the Managers, that the laft queftion put to Mr. Benn was incompetent. Mr. Fox requested that they might be permitted to withdraw, and accordingly the Managers withdrew for fome time. On their return Mr. Fox addreffed the Court in a fhort fpeech, of which the following is the purport: The Hon. Gentleman faid, it was with great concern that he had to inform their Lordships, that the Managers could not acquiefce in the refolution which the noble and learned Lord had communicated to them, without expreffing their direct and pofitive diffent from the principle upon which it was made. Bound as they were to profecute the charges exhibited against Warren Haftings with vigour, they should in confequence of this refolution have felt it their duty to return to the House of Commons, and refer the decifion to them; but that folicitous as they were of profecuting the charges with difpatch as well as vigour, they had refolved for the time to acquiefce, but to acquiefce under a folemn proteft, which he now made. In acquiefcing, however, they begged leave to say, that they should maintain their claim to fubmit the fame fort of queftion, if in the further profecution of the charges it fhould be found neceffary to the consideration of their Lordships, and they fhould alfo fubmit it to their deliberation in another way. They felt it to be of the most serious importance, not fo much on account of the particular queftion on which the refolution had been made, as it might apply equally to VOL. XIII. It was to be obferved, that trial by impeachment must neceffarily in its nature be directed only against men of confiderable rank and influence; and it was therefore to be expected that the witneffes to be examined would be involuntary witneffes-men who had either been accomplices in the crimes, or who owed gratitude to the prifoner, and that it would require all the powers of the Court to extract the truth, which it was the common with and duty both of the profecutors and the Court to obtain. Men of great confideration, when under trial, would naturally poffefs proportionate influence--the influence both of intimidation and of hopeand, what was ftill more likely to be the cafe, the influence of gratitude. This was particularly applicable to the present trial. The prifoner, by the nature of his fituation, had neceffarily attached to his interests many whom he had protected by his power, and raifed to opulence by his favour. Many perfons were involved in the crimes with which he stood charged by the House of Commons, and who, by their fituations, were the best able to give information; and therefore, in the examination of all fuch perfong, it became effential to the ends of public juftice, that queftions of the nature of that upon which the refolution had been made fhould be countenanced.-They acquiefced the more readily for the time in the decifion, from the confidence which they had in their Lordships love of and zeal for juf tice, that when they came to reflect that fuch questions were indifpenfible, they would be countenanced by that High Court. They were more ready alfo to acquiefce, because, though by their resolution it might be denied to the Managers for the Commons to put fuch questions, a right, however, which they would never give up, they were fenfible that it could not poffibly be denied to the prifong, or to the Counsel for the prifoner, to put fuch queftions if they fhould think them neceffary; and because they knew alfo, that it must be in the power of the Court, whofe duty and whole anxious with they knew it must be to fearch for the truth of every part of the body of matter brought before them in the charges, to afk fuch questions as occurred to them to be neceffary & this kind. Non For For these reasons, and alfo from an earnest defire of proceeding with all possible difpatch and vigour, they had refolved to fub-, mit for the moment, that the question of right should be waved; at the fame time they could not help expreffing their furprize, that their Lordships, who in the outfet had declared that in this High Court they were to be directed and governed by the forms and practice of the Courts below, fhould in this particular instance think it necessary or expedient to depart from the known, conftant, and uniform practice of every inferior Court of Law in the kingdom. On this Mr. Benn was called again to the Bar, on his further examination. Mr. BENN. Examined by Mr. Fox. Mr. Benn stated, that he had not feen his depofition fince he gave it in the House of Commons; that he wished to be indulged with a fight of it, to refresh his memory.— This was permitted to him.-He then went into comments and explanations of it. He faid, his communications with the Rajah were not official: that, of course, the Rajah never complained to him of ill-treatment. That he was only affiftant to the Refident of Benares, appointed in January 1781. That the confinement of Durbejah Sing was in two ways:-firft, the guard was placed at the outfide of the garden; fecondly, on the infide, and fome in the houfe; but that he fuftained no other hardship, than in being for two days deprived of his booker, viz. fmoaking. Did not know whether his confinement came from Government at large, or the Governor-General. That his papers were fized-his jaghire fequeftered. That it was generally understood there was a deficiency in his accounts; and that Culbully Ben, a farmer, had paid him monies, for which he had not accounted. Mr. BURKE here tock up the examination. That the country of Benares paid as much as it could well afford to Government; that it would not "take care of itfelf," as Mr. Burke demanded, but required fome atten. tion. That the article of Saltpetre, in that country, was of the nature of a Royalty in this, and was generally in the hands of fome great Zemindar. That the Opium produced about 470 chefts in a year. Mr. Burke attempted to deduce from his examination, that the resources of the country were not equal to the fum demanded annually. Cross-examined by Mr. Law. ITS RELIGION: that a number of Pilgrims came there, and expended large funts in travelling and gifts. To these the Saltpetre and Opium were to be added. And concluded by saying, that the money, 2080 lacks of rupees, awarded to Government by Aly Ebraim Cawn, was never paid. That another improvement had been proposed by Mr. Haftings-the cultivation of fugarwhich it was proved grew there with fuccefs. Mr. Adam then rofe, to produce fome written evidence :-" Country Correspondence, and Minutes of the Secret Committee:"-and fecret indeed they were, as they confifted of one continued ftring of Indian names, whofe founds occafionally excited the wonder of many of the ladies. They were read with great perfeverance and aftonifhing gravity by the Clerk. These being finished, the laft evidence in fupport of the charge was called in. Colonel GARDNER. Examined by Mr. GREY. He depofed, that he knew the country of Benares perfectly. That property was well protected there. One only inftance of cruelty he knew-that of a Cadet being wounded by the people of the country. That he had played at Chefs with Cheyt Sing, and walked with him in his garden, but never faw any violence in his temper. That he thought Mr. Haftings might have been cut off, had the Rajah wifhed it. That when Cheyt Sing was arrested, the infurrection feemed of the inftant, and not premeditated. Thought that money might have been obtained from him without bloodshed. That an indirect application had been made to Mr. Markham, who wondered "how interceffion could be made for a murderer." Obferved no perfonal animofity on the part of Mr. Haftings against him; but thought he was thus fuddenly arrested, for carrying on a Secret Correfpondence with the enemy. That arrefting was certainly an infult, as it was in all countries; and imagined it might have been done without. Crofs-examined by Mr. PLUMMER. Thought much of the violence proceeded from Cheyt Sing's brother, Sujah Sing, who commanded almoft entirely ;-a man of much violence of difpofition.-This evidence was finished by being asked-that as he had declared his opinion of many perfons in the courfe of his evidence-What his opinion was of Mr. Haftings? To which he replied, That a more amiable private character he had never known, than that that borne by Mr. Haftings; and it was fo univerfally acknowledged *. THIRTEENTH DAY. FRIDAY, APRIL II. This day the Court being affembled, Mr. Anftruther began to fum up the whole of the evidence on the first charge. He entered very fully, in a fpeech of three hours and a half in length, into the history of the transactions between Mr. Haftings and the Rajah of Benares; but unless we were at liberty to follow him through the whole of the detail, it would be impoffible for us to convey any idea of the happiness with which he elucidated the whole of this complicated business. From the firft fuppofed PERSONAL affront offered to Mr. Hastings by the Rajah, to the exile of that unfortunate Prince, and the confinement and death of Doorgbidjee Sing, he was highly luminous and impreffive. In adverting to the rights of Bulwant Sing, and his fon Cheyt Sing, as difcriminated by the Governor-General, Mr. Anftruther was peculiarly happy. The former was a Zemindar, according to Mr. Haftings, because he paid tribute :—this had been made by that gentleman the fpecific diftinction between a Zemindar, or landholder, and an Aumeel, or collector; yet when his indignation was roused against Cheyt Sing, his payment of tribute was the very reafon affigned why he should NOT be regarded as a Zemindar! Mr. Anftruther then took notice of the different arguments which had fallen from the advocates of Mr. Haftings, in reply to the particulars of this charge. It had been urged, that the whole of his conduct in India, though repugnant, perhaps, to particular ftatutes, was ftrictly confonant to the uniform practice in Afia. "Would it have been borne," afked Mr. Anftruther, "in the ROMAN government, even at its most degenerate period, in a Provincial Governor. on his trial for oppreffion, to have protefted against that fyftem of jurisprudence which he had violated-to have exclaimed, "Try «me not by your mild inftitutes—try me "be fully juftified."-Yet this was precifely held forth by Mr. Haftings-" Try me not," said he, "by the British laws; fubject me not to the code of Asiatic justice; but try me by the practices of Coffim Ali Cawn and Aliverdi Cawn, for their perfidy of oppreffion will find an ample ftore of precedent !"' He concluded by affuring their Lordships, that no pains had been spared by the Committee to bring forward those parts only of the evidence on this charge, which went directly to prove those facts on which the charge had been originally founded. Mr. Benn and Colonel Gardner were then called in, and asked a few questions by the Earl of Suffolk, refpecting chiefly the first infults offered to the Rajah of Benares, at the time of his arreft, and the treatment of Doorgbidjee Sing during the time of his imprisonment. To a question, "Whether, according to the cuftoms of the nation, it was not a fevere infult to deprive Doorgbidjee whilft confined of his boucca, or tobaccopipe?" Mr. Benn replied, "That it was not more than taking from an English gentleman his fnuff-box." Mr. Burke then said, that before the bufinefs was finally submitted to the justice of their Lordships, he found it neceffary to trouble their Lordships with a few words on the nature of the evidence which had been produced. It was to be recollected, that fome of thofe men who had been called to their bar had been the inftruments of that tyranny which was now arraigned. Those who were deputed to opprefs, were therefore to be treated with caution, when they spoke of the measure of the oppreffion. It was easily to be feen, that thofe who had inflicted the injuftice, would not use the harsheft terms when speaking of its measure and its rate. Of this nature appeared to be the evidence of that person who had spoken of the privation of the bousca, during the imprifonment of Doorgbidjee Sing. To fome of their Lordships, happy in large fortunes, and nurfed in the lap of indolence, fuch circumstances might appear trifling; but to the wretched prifoner, deprived of every comfort, the smallest alleviation of his mifery was of importance, and left a vacuum in the forlorn refidue of his enjoyments. It was equal in that cafe what the object might be In the courfe of the day various Lords put different queftions-Lords Fitzwilliam, Derby, Kinnaird, Stanhope, Portchester, Coventry, and others. The Prince of Wales, the Duke of York, and the Dukes of Gloucester and Cumberland, were all prefent. The Commons were few in number indeed-less than on any former occafion; and the audience leffened fo continually from time to time, that at last scarcely any hearers but those who were obliged to hear were left in the Court. Nn 2 -even -even a fnuff-box cr a tobacco-box became matters of moment. Their Lordships might have heard of a prifoner in the Baftile, whofe folitude and mifery found a refpite in the play of a Spider, which he had trained in fome degree of familiarity. In that fingle enjoyment he bore his forrows without repining; but the circumftance being difcovered by his keeper, that inhumanity which crushed the Spider, plunged the other victim into a despair which terminated his exift ence. With refpect to the treatment of Cheyt Sing, on his arreft, it was only neceffary, Mr. Burke obferved, to caft a brief retrospect to the circumstances. The Rajah had been oppreffed, until he could find no refuge, and degraded in the eyes of his people, beyond the reach of human confolation.-He had returned to his clcfct, to addrefs himself to the Divinity-the Common Father of All. He was there fuffered to be infulted by a Chubdar, a wretch of the meaneft clafs. Thofe who had permitted this deed, had forgotten the maxim, Quod res eft facra mifer.—if they had not remembered the reverence due to a Prince and Prieft, they fhould have known that there was a facredness in mifery, and have refpe&ted his wretchednefs, even when they overlooked his rank. In icvenging this infult, his fubjects had merely done their duty. They had done what every British fubject, it was to be hoped, would do, if they faw their Sovereign fo degraded. To fay the Rajah, who was a Commander, a Prince, fhould not be difgraced, from being arrested by one who had formerly been his fervant, and at the hour of his devotions, was ridiculous. And for what reafen? Why, becaufe he was not a Bramin-or a Prieft. A very admirable reafon indeed!" Suppofc, (faid the orator, and with an audacity that was felicitous)-fuppofe a Lord Chancellor himfolf-fhould be found at his devotions, the Keeper of his Majesty's confcience-and great as he must be-fuppoft he should be thus taken away, would it remove the indignity that he was not a Bishop? No:the Lord Chancellor would know, and feel the difgrace: He would think of the dcvotion he had loft, and he would not care whether he was a Bishop or no." The whole Court was in a roar of laughter at this novel fight. The Lord Chancellor, however, kept his gravity. FOURTEENTH DAY. TUESDAY, APRIL 15. RELATIVE TO The BEGUMS, or PRINCESSES of OUDE Mr. Adam informed their Lordships, that This laft fpeech more than compenfated for the tedium of the day, which certainly had been. -"carbone notandus," amongst the dulleft. The Hall had but a thin attendance. The various articles of the fecond charge might be reduced under nine or ten heads, containing as many general pofitions, and the grounds of allegations of guilt against the prifoner-Firft, that Oude was a great, rich, and flourishing country--that the Begums, the mother and grandmother of the reigning Nabob of Oude, were ladies of high birth and quality-that they were legally in poffeffion of great eftates, both real and perfonal-that the property of them was legally vefted in thefe Princeffes-that the Eaft-India Company had guaranteed the poffcifion of them that it was the bounden duty of Mr. Haftings to maintain the Princcffes in the undisturbed poffeffion of their property fo guaranteed-that, on the contrary, he had invaded it, and even compeiled their own nearest relation to spoil them of it-that, with his knowledge, the Frincefies and their families were treated with the greatest indignity, and reduced to the greateft diftrefsthat, for the purpose of giving a colour to his own unwarrantable proceedings, he had, by means of affidavits taken by the Chief Judge of India, Sir Elijah Impey, to the great difcredit of justice, and of his fituation, flandered the Begums, as the abettors of the rebellion of Cheyt Sing, &c.—and finally, his motives in the whole of the proceedings relative to the country of Oude, were founded in avarice and corruption. Upon thefe different heads, he begged leave to ftate to their Lordships the different obfervations that occurred to him, and The Court broke up at half paft four which, he trufted, would place the guilt of o'clock. the prifoner in fuch a point of view, that judges |