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In the course of this examination, he own. He declared " he now knew not what stated the local distreffes to have arisen from " to call it :-whether his legitimate or his the influence of bad seasons, and unfavour u natural child :---whether it was his by able government- That there had been re " adoption ; or, whether it had been tied at millions of tribute-That respect to pu " bis knocker, and fathered by him out of nishments, some were corporal, with a thong
“ charity!” --That imprisonment was in forts, and in In the course of the various discussions open squares, inclored with bamboo canes. which arose from the objections of Mr. That the sun might happen to be unpleasant Hastings's Counsel, the Lord Chancellor con
- That he had beard Col. Hannay died worth cluded an observation, by saying, “ that he go lacks, or 300,000l.—That he had beard “ felt himself responsible to that High Court most of the money was remitted to Calcutta, “ for every opinion he thould deliver, and some in goldpores, fome in other forms “ for every other part of his conduct.”—MT. That the people of that country sometimes Burke replied, by admitting the responsibifold their children which had been attempt. lity: but declared, at the same time, that ed to be stopped.
the Managers of the House of Commons, from The great object attempted, by addu the whole of his Lordship’s conduct, had fekt cing the evidence of Mr. Holt, seemed to be, the most perfect fatisfaction. to prove the influence which Mr. Hastings At five o'clock, the evidence of Mr. beld over the Nabob. How far this was Holt being concluded, the Court ad. proved, it is not for us to lay-for us to de- journed. termine. It appeared, however, on the cross-exa
SEVENTEENTH DAY. mination of Mr. Holt by Mr. Law, as
TUESDAY, APRIL 22. Counsel for the defendant, that if the police The Court being met soon after twelve in many of the towns was bad, it was not o'clock, Mr. Burke stated, that Mr. Hole Mr. Hattags wito prevented any of the pro not being on his departure to India, it was. per proceedings of the Courts-That as to wished to have him called again, for his anindiret interference, it was ulival to the Re swer to a few qucftiors. The questions fidents occationally to interfere in the Na- would be very few, Mir. Burke faid-but very bob's government.--that the taxes were important. always collected under an Aumeel giving The Counselof Mr. Hastings not opposing, directions to a military force-That Major and the Chancellor nodding confun, Mr. Oiborne had been employed on this duty ; Holt rc-appeared. but that no complaints had been, or couid He was examined by Mr. Burke-he be, made against his conduct in that duty.-- was crofs-examincd by Mr. Law---in a manThat Doctor Thomas, who had a falary from ner to each examiner equally reputable; Government, was the surgeon to the Vizier; both for pertinence of drift, and perfpicuity and a great favourite with hiin, on account of expression. of that skill the Vizier had found necessary to The leading points illustrated by his evihave recourte to.
dence was, that in Oude there was some Mr. Holt was examined --re-examined local restraints on the commerce and manucross-examined and re-cross-examined, for facture of the country- That Mr. Scott had the space of free hours! by Melis. Sheri a monopoly of cloih--but that the proposed dan, Burke, Adam, and one question w?s gain, from thefe restrictions, was voted in ventured on by Major Pelham :--Then, on the treasury of the Company. the other side, by Mr. Law and Mr. Plum This evidence Mr. Holt gave with perfect mer--through every part of which he spoke fairness and ready intelligence--answering with plainncfu, precition, and distinguished very neatly, not only the Manager and the good sense.
Counset, but Lord Portcheiter, Lord Suffolk, The Court put different questions to Mr. Lord Kinnaird, and Lord Stanhope, to a Holt, on the subject of finding out the know- question or two from cach. ledge which Mr. Hastings might have of dif Colonel Hannay's fortune was again menferent transactions ; but wbich was not tioned by Mr. Burke--and Mr. Holt having proved in the afh-mative.
faid from bearsay, that perhaps eight or tun Mr. Holt, in the course of his evidence, people might have told him, in casual talk, gave a very curious description of the Nao that Mr. Hannay's fortune was rumcured at bob's cavalry :-their uniforms being free 30 lacks of rupees, he was asked, whether quently coats without neeves, and fleeves he supposed those eight or ten people were (ewed to half a shirt.
the only people wlio fo talked of the ruMr. Burke made some observations on the mour in question? Defence delivered in by Mr. Hastings as his
At the close of this examination, Mr. lished by Demetrius Cantemir, the Muftul. Holt mentioned, that he had been libelled man Prince and Priest of Moldavia, con. in the Morning Herald, and requested the taining a series of historical comments on protection of the Court.
the text of the Koran. The Lord Chancellor told him, that the The Counsel for Mr. Hastings objected to Court could not at that time, and in that this evidence. The reveries of pries, Mr. place, take his complaint into consideration. Law said, were neither relevant on the oc.
Mr. Sheridan then observed, that the or calion, nor a proof in any degree applicable der in which the evidence was to have been in a Court of Criminal Justice, brought forward had been in some degree Mr. Burke replied, that whatever might deranged by the necesity of bringing forward be said respecting the reveries of priests, they in an early stage the whole of the evidence were fully as valuable as the waking dream of Mr. Holt. That neceflity, however, be of fome learned gentlemen.--He proiefied ing done away, i was the intention of the himself never to have understood, that tho' Managers to proceed in future in the most historical evidence might be inadmissible as regular form ;--for this purpose it was ne to particular facts, it should be olije ted to ceffary to defire, that the answer to the as a proof of local custom--Mr. Sheridan present charge delivered in to their Lord'hips added, that if Prince Cantemir would not, by Mr. Hastings should now be read. he trusted that Mr. Justice Buller might be
When this defence, which occupied near believed.-When, the laugh excited by this two hours, was concluded, Mr. Sheridan whimsical asociation had subfided, Me. Sherose to assure their Lordships, that there was ridan quoted a passage from Mr. Buller's not a statement in that answer which was Law of Nisi Prius," to prove that such strictly accordant with the facts, nor one historical passages were to be allowed in tending to the justification of Mr. Hastings proof, as to matters of local usage. which, as the Managers trusted, they could The Clerk then proceeded to read the not fully disprove!
following among other extracts :Several letters were then read, extracted
VALIDE SULTANA. from the Consultations, to prove from the “ This name is appropriated to the mother language of Mr. Hastings himself the high “ of the reigning Suitan; and the cannot dignity and respect due to the Princesses of 66 be so called before her son is arrived to the Oude. Some letters from Sir Elijah Impey “ Imperial dignity, or after his deposition; to Lord Rochford, the then Secretary of because none but Mahmud Fatih and State, were produced to the same effet ; “ Selim Yauvuz have happened to mount and the late Chief Justice of Bengal himself " the throne in their father's life-time. was also called to establish the same propo “ The Sultans have always treated their fitions. Sir Elijah admitted very fully, that u mothers with great respect, in compliance nothing could be more l'acred than the cha “ with the divine precepts, and those of the racter of a woman, nor more venerable than
They can not only introduce that of a mother, in India. Their inviola " and change many things at pleasure in the ble modesty had been regarded in his own “ Seraglio, but also the Sultan is forbid by code for establishing the English laws, which 6 the laws to lie with any of the women dispensed with their appearance in Courts of “ kept there, without his mama's consent. Justice. He was convinced of the propriety - Every day, during the Feast of Bairam, of this dispensation, by the only instance “ the Sultan-mother presents a beautiful virwhich had met his experience-A woman gin, well educated, richly dressed, and had been tried for adultery; she was honour " adorned with precious stones, for her son's ably acquitted, and treated with every mark “ ufe: and though the Vizier, and the rest of respect; yet such was her sense of a “ of the Bashaws, send, among other things, public exhibition of her perfon, that her young virgins for presents to the Emperor, feelings preyed upon her heart until she put “ yet he touches none of them but what is an end to her existence.
“ brought by his mama. If the Sultan has Mr. Buike, after observing that it was 56 a mind to chuse a concubine unknown to highly neceffary to prove the respectability of “ his mother, he may indeed do it without those principles, with the consequent deli " opposition ; but he is reckoned to act cacy of their feelings, as some attempts had contrary to the rules of the Seraglio, and been made to depreciate their title to distinc against his motber's honour! Very often, tion--procceded to itate the sense of persons " the Sultan communicates to his mcther in general, profesing the Mahometan reli " the affairs of state, as Sultan Mahomet is gion, with respect to the veneration due to “ known to have done, and sometimes the the parental character. He quoted for this " has conferences with the Vizier and Mufti, purpose some passages from the treatise pub. 56 under a veil, that the may not be seeria
$6 and recommends to them faithfulness to agents necessary, he declared, he thought not " her son. Whenever the is fick, the He but that some people thought otherwise. " kim-Effendi, or Chief Physician, is brought At half past five the Court broke up. * into her bedchamber, but he speaks to her a through a veil hung round her bed; and
EIGHTEENTH DAY. " if he must feel her pulse, it is through a
WEDNESDAY, APRIL 23. * piece of fine linen: cast over her arm; for it The Managers gave a great deal of written " is reckoned as unlawful for any man to evidence this day, the reading of which took " see the Sultana fick or in health."
up the time of the Court till half past four The extract being read, Mr. Burke assured o'clock. It related to the disputes which had the Court, it only went to prove the respect taken place between the Bow Begum and her which children telt for their parents, and the son, the Nabob Vizier, and the adjustment fanétity in which women were held in that of them by che treaty which, under the guacountry.
rantee of the Company, secured to her the This being over, the next witness called enjoyment of her lands and personal estates,
after she had agreed to pay 30 lacks of rupees Major BROWN.
to her son, and to cancel his bond, which the Examined by Mr. SHERIDAN. had for 26 lacks that she had lent to him. He deposed--That he was the English Evidence was next given of the diffatifRefident, and well acquainted with Delhi faction of the elder Begum at the treatmeno That the Begums were persons of high which she and the children of her son, the Tank, and respected accordingly; but iina late Nabob Sujah ul Dowlah, received from gined that a removal from a Zenana in a her grandson, Afoph ul Dowlan, the reign. manner becoming her rank, would not have ing Nabob Vizier ; her resolution to quit his been held disgraceful.
dominions with all her wealth, and go first On his cross-examination by Mr. Plum on a pilgrimage to Mecca, and afterwards to mer, and on being asked as to the character take up her refidence at the Court of Delhi, of Mr. Hastings, he declared, “ in all parts where the Great Mogul offered her a fueure of the country in which he had been, he was retreat : the aların taken by Mr. Middleton, reckoned a man of bigb abilities and great the English Resident at Oude, at such a reobaraéter ;-that all public men would occa solution, and the prospect of her wealth bes tjonally be differently thought of, by those ing carricd out of the country : his negocia. whom they did or did not serve ; but the tion with her to prevail urn her to give up general reputation of Mr. Hastings was very her intention of finally quitting the country: great."
and, lastly, evidence was given of the treaty Mr. GORING.
or engagement into which he then entered, Examined by Mr. SHERIDAN. and by which he pledged himself to certain Deposed, he was in India from the year specific terms, which he engaged to procure Sixty to Sixty-nine, and then returned again for her from the Nabob. From the negociaaíterwards. That he had a power from the tion between Mr. Middleton and the elder Supreme Council to remove the Begum, but Begum on that occanon, it appeared that which he never exercised. That she had me would not cruit to the words, or promises, declared to him, that sooner than the Nabob's or engagements, of her grandson; and tha Zenana thould have been entered, she would on no other condition whatever would me have put the 2,000 women there confincd to renounce her resolution of leaving Oude for death, and deiti oyed herself afterwards. Ever, but that of having the guarantee ot That his powers he had at present by him, and the Company to the ticaty which her grandson that they were ligned by the Secretary to the Tould make with her. Mr. Middleton deSupreme Council, contiiting of Mr. Hastings, fired the would fet down in writing the Clavering, Barwell, and Monfon; and that terms thc withed for: she complied, and he had looked at them fince he came to Mr. Middleton signed an instrument by Eagland.
which he bound himrelf to procure it from The last witness called was
the Nabob.mThu Managers then produced Mr. STARLES.
a paper, which had for title, “ The EngageExamined by Mr. SHERIDAN. ment under the Seal of the Nabob Atoph ul He went into a history of the Political Dowlah Bahadre, and the Seal and Signature Proceedings in India, in which he had op of Mr. Middleton." This paper contained pored Mr. Hastings. That opposition is most of the terms which the Iclident had sufficiently known-it wants not further pledged himself to procure for the Begum; elucidation. He referred frequently tu mi but there were some variations of consc. nutes; and on being asked by Mr. Burke, quence. After this paper had been read, whether inf governunent he thought secret Mr. Sheridan obfii ved, that Mr. Hastings
had said in his Defence, that he had forgot fional Honour-proving by testimony, that many of the transactions alluded to in the when it was thought proper for Mr. MidCharge, and many he had never heard of dieron's conduct to be directed by Counsel, till he read them there; that he was irdebted he (Mr. Law) and his colleagues in the to the recollection of Mr. Middleton and cause would no otherwise communicate with others for the ailiftance they had given him Mr. Middleton, than to tell him to get ad. in framing his a.niwers to the several articles vice elsewhere. of the Charge, and that their evidence would . This explanation was closed with much throw new light upon the subject. Mr. fatisfaction by a few words from Mr. SheSheridan said, he had one remark to make ridan, “ in full acknowledgement of the on this, which was, that a man who could “ learned Counsel's perfect honour." be aiding and assisting in drawing up the Mr. Middleton was asked, if he had signed defence of the accused, could not, properly any treaty, by which he had pledged himself speaking, be called the witness for the pro to procure the elder Begum certain specified fecution, though he should be produced by terms from the Nabob? He answered, that the Managers. Having premised this, he he had. He was asked, if he had any direct desired that Mr. Middleton might be called authority from the Governor-General, or
Council, for figning such a treaty? He reMr. MIDDLETON,
plied in the negative; but said, at the same Examined by Mr. SHERIDAN. time, that as he was sent into Oude to com. Mr. Sheridan made very neatly a Mort pose some differences between the Nabob and preliminary observation upon evidence : That his mother, he thought that in signing the “ he haped in every thing with which he treaty above-mentioned he was acting off“ troubled their Lordships, to be somewhat cially.--He was alkod, if he had signed the “ efficient and progressive. That some treaty a copy of which was produced, and " forms, no doubt, were indispersible, and purported to be under the seal of the Nabob, “ none probably more expedient than those and the real and signature of Mr. Middleton ? " of the Common Courts. But ftill even [N. B. The Nabob never signs, he only seals.) " thefe must be relaxed, or perhaps aban He replied, that he did not recollect.-Had « doned, if necessary, to produce Truth, and the Nabob fet his seal to it? He did not re“ atchicve the leading purposes of Justice.” collei.- What had he done to discharge the
This goncral reflection being closed, with obligation he had taken upon himself to particular reference to the case of Mr. Mid- procure for the Begum thc terms which she dlcton Mr. Law very dexterously " waved asked ? He did not recollelt.-Were these
any opinion on the question in the abfiral, terms ever granted and secured by treaty ? « but said he should resurve himself; and if He did not recollect.-Had any thing been
any questionable point came up, hc Mould done by him in consequence of his abliga. “ then, but not till then, intrude on their tion? He did not recollel.-Had the treaty « Lordihips, for the allowance and aid they which he was bound to procure entirely “ might and fitting to grant him."
failed ? He did not reccllect; but he was Mr. Sheridan's first interrogatories went rather inclined to think that it had, and that to this effect That Mr. Middleton had been the inftrument which purported to be an at Drapers' Hall, and was examined two or engagement sealed by the Nabob, and signed thire times by the Agents and Counsel of and sealed by himself (Mr. Middleton), was Mr. Hastings.
a draft of a treaty prepared for rigning, but On cross-examination from Mr. Law, it not figned. This paper, it seems, had no was also pro:ed, “ That Mr. Middleton had date ; upon which Mr. Law, the Counsel been also previous y cxamined " by Ebe orber for the prisoner, asked hiin if he had ever lide, both at the India House and in the heard of a treaty without a dare? He re
Committee; that he had been oiten turn ped, that he had not. Upon this Mr. • ed out of the room, and once k fi in it Sheridan asked him, if the conditional treaty " with only Mr. Francis and a Clerk; that which he acknowledged he had figned with u lie had received language that had intimi. the Begum bore any datc ? He replied, that " dated hiin-but what, he could not it did not.—Then, said Mr. Sheridan, how * fpecify.”'
cin you say you never heard of a treaty In regard to the printed Defence of Mr. without a date? Hatting , lvir. Midleton faid, “ he did not He was asked, if he had sent to Calcutta " wire any prticular part---but merely the rapor which lic did not recoileet hc had
spred some links to Major Scott.” nigned ? · He did not recollect, but he be. Sveri Law, in this ilave of the curious ex lieved he had not ; if he had signed it, he 2yrinen), with much currets and discre- must have sent it, because it would have been besi, brillante a Vindication of Proics. his duty to to have done. He was alked,
if he sent every paper to Calcutta which it “ comply, in the manner stated, with your
it was not in his power to tax the jaghires, at Lord Loughborough asked, if he was not least such of them as were poffeffed by his mo. now aware that there was an esential va ther and grand-mother, as he had entered in. riance in the one from the other. He said he to treaties with them both, by which he had was. His Lordhip then asked, how he bound himself to leave them the undisturbed could still think them the same in substance ? poffefsion of all their real or personal pro. He could not tell.
perty, renouncing, at the same time, all Lord Stormont observed, that a man em claim upon either, and all right to make any ployed in an important negociation might, claim ; and that those treatics were guaranafter the lapse of years, forget what part: liad teed by the English. That, as a proof of been admirred, and what rejected; but he this, the Nabob caused copies of these two wished to know, whether the witnofs was of treaties to be delivered to the witness, one of opinion, that any man so employed could which bore the signature of Mr. Bristow, the forget whether his negociation had ended in other of Mr. Middleton; the former was put any treaty or not? Mr. Middleton replied, to the treaty with the younger Begurtig the that he was of opinion he might; for he latter to that with the elder. I his latter kimself had forgot what had been the event treaty was that which Mr. Middleton could of his negociation with the Nabob.--Many not recollect yesterday that he had ever tignother quettions were asked by the Managers ed. But fo satisfied was Mr. Purling that and by noble Lords; but Mr. Middleton they were authentic copies of subsisting treasaid, bis recollection, after a period of ten ties under the guarantee of the Company, years, was very impcrfect, and be bad never that he sent them to Calcutta, and itated Since refreshed his memory on ibe fubject. them to have induced him to defift from im.
At a quarter pait fix the Court ad. portuning the Nabob to tax the jaghires in. journed.
cluded in the guarantee. Mr. Middleton
ther the copies of the treaties; and though
Mr. Hastings had an opportunity of making
enquiries irom Mr. Middletont at that time,
Mr. MIDDLETON. hidars in his district, and the reluctance Examined by Mr. SHERIDAN. which he expressed to the inclusion of the He was again referred to the Treaty of 78, Begums in this measure.- Some of his ap which he did not perfectly recollect: That he peals were fingularly pathetic :-" I prefer was almost certain that the Cow Legum was
the interests of my friends," said he, always considered as being under the imme“ even to life itself; but what can I do in diate protection of the East-India Company,
my present situation? I have houses, ele- which was the reason, be thoughi, for his phants, and cattle ;--if these will suffice undertaking her cause. That
had refresh " for the payment of my debt, take them ; ed his memory by looking over the Minutes “ - if there be found any uncollected reve. for about a quarter of an hour that morn“ nue, you may receive it without oppofi- ing; but that he was nearly certain he mighe “ tion. I have discharged my old servants, have had access to them at any time : That “ I have contracted my expences ; but in a as to the Treaty, he considered it as a regu. “ ruined country, and from the failure of the lar engagement; but could not exally say * last harvest, it is impossible for me to how; and certainly did not remember por