In the courfe of this examination, he ftated the local diftreffes to have arisen from the influence of bad seasons, and unfavourable government-That there had been remiffions of tribute-That in respect to punishments, fome were corporal, with a thong -That imprisonment was in forts, and in open fquares, inclofed with bamboo canes.That the fun might happen to be unpleasant That he had beard Col. Hannay died worth 30 lacks, or 300,000l.-That he had beard moft of the money was remitted to Calcutta, fome in goldpores, fome in other forms That the people of that country fometimes fold their children-which had been attempted to be stopped. The great object attempted, by adducing the evidence of Mr. Holt, feemed to be, to prove the influence which Mr. Haftings held over the Nabob. How far this was proved, it is not for us to fay-for us to determine. It appeared, however, on the cross-examination of Mr. Holt by Mr. Law, as Counfel for the defendant, that if the police in many of the towns was bad, it was not Mr. Haftings wilo prevented any of the proper proceedings of the Courts-That as to indirect interference, it was ufual to the Refidents occafionally to interfere in the Na-, bob's government.--That the taxes were always collected under an Aumeel giving directions to a military force-That Major Ofborne had been employed on this duty; but that no complaints had been, or could be, made against his conduct in that duty. That Doctor Thomas, who had a falary from Government, was the furgeon to the Vizier; and a great favourite with him, on account of that kill the Vizier had found neceffary to have recourfe to. Mr. Holt was examined-re-examined crofs-examined-and re-crofs-examined, for the space of five hours! by Meffrs. Sheridan, Burke, Adam, and one queftion was ventured on by Major Pelham :-Then, on the other fide, by Mr. Law and Mr. Plummer-through every part of which he spoke with plainnefs, precifion, and diftinguifhed good fenfe. The Court put different queftions to Mr. Holt, on the subject of finding out the knowledge which Mr. Haftings might have of different tranfactions; but which was not proved in the affirmative. Mr. Holt, in the courfe of his evidence, gave a very curious defcription of the Nabob's cavalry their uniforms being frequently coats without fleeves, and fleeves fewed to half a shirt. Mr. Burke made fome obfervations on the Defence delivered in by Mr. Haftings as his own. He declared "he now knew not what 66 to call it -whether his legitimate or his "natural child-whether it was his by "adoption; or, whether it had been tied at "bis knocker, and fathered by him out of "charity!" In the courfe of the various difcuffions which arofe from the objections of Mr. Haftings's Counsel, the Lord Chancellor concluded an obfervation, by saying, "that he "felt himself refponfible to that High Court "for every opinion he should deliver, and "for every other part of his conduct."—Mr. Burke replied, by admitting the responsibility: but declared, at the same time, that the Managers of the House of Commons, from the whole of his Lordship's conduct, had felt the most perfect fatisfaction. At five o'clock, the evidence of Mr. Holt being concluded, the Court adjourned. SEVENTEENTH DAY. The Court being met foon after twelve o'clock, Mr. Burke ftated, that Mr. Holt not being on his departure to India, it was wifhed to have him called again, for his anfwer to a few questions. The questions would be very few, Mr. Burke faid-but very important. The Counsel of Mr. Haftings not oppofing, and the Chancellor nodding confent, Mr. Holt re-appeared. He was examined by Mr. Burke-he was cross-examined by Mr. Law-in a man ner to each examiner equally reputable; both for pertinence of drift, and perfpicuity of expreflion. The leading points illuftrated by his evidence was, that in Oude there was fome local restraints on the commerce and manufacture of the country-That Mr. Scott had a monopoly of cloth--but that the proposed gain, from thefe reftrictions, was voted in the treafury of the Company. This evidence Mr. Holt gave with perfect fairness and ready intelligence-anfwering very neatly, not only the Manager and the Counsel, but Lord Portchefter, Lord Suffolk, Lord Kinnaird, and Lord Stanhope, to a question or two from cach. Colonel Hannay's fortune was again men-tioned by Mr. Burke-and Mr. Holt having faid from bearfay, that perhaps eight or ten people might have told him, in casual talk, that Mr. Hannay's fortune was rumoured at 30 lacks of rupees, he was afked, whether he fuppofed thofe eight or ten people were the only people who fo talked of the rumour in queftion? At At the clofe of this examination, Mr. Holt mentioned, that he had been libelled in the Morning Herald, and requested the protection of the Court. The Lord Chancellor told him, that the Court could not at that time, and in that place, take his complaint into confideration. Mr. Sheridan then obferved, that the order in which the evidence was to have been brought forward had been in fome degree deranged by the neceffity of bringing forward in an early stage the whole of the evidence of Mr. Holt. That neceffity, however, being done away, it was the intention of the Managers to proceed in future in the most regular form ;-for this purpose it was neceffary to defire, that the answer to the prefent charge delivered in to their Lordships by Mr. Haftings fhould now be read. When this defence, which occupied near two hours, was concluded, Mr. Sheridan rofe to affure their Lordships, that there was not a statement in that anfwer which was ftrictly accordant with the facts, nor one tending to the justification of Mr. Haftings which, as the Managers trufted, they could not fully difprove! Several letters were then read, extracted from the Confultations, to prove from the language of Mr. Haftings himself the high dignity and refpect due to the Princeffes of Oude. Some letters from Sir Elijah Impey to Lord Rochford, the then Secretary of State, were produced to the fame effect; and the late Chief Juftice of Bengal himself was alfo called to establish the fame propofitions. Sir Elijah admitted very fully, that nothing could be more facred than the character of a woman, nor more venerable than that of a mother, in India. Their inviolable modefty had been regarded in his own code for establishing the English laws, which difpenfed with their appearance in Courts of Juftice. He was convinced of the propriety of this difpenfation, by the only inftance which had met his experience-A woman had been tried for adultery; fhe was honourably acquitted, and treated with every mark of respect; yet fuch was her sense of a public exhibition of her perfon, that her feelings preyed upon her heart until she put an end to her existence. Mr. Burke, after obferving that it was highly neceffary to prove the refpectability of thofe principles, with the confequent delicacy of their feelings, as fome attempts had been made to depreciate their title to distinction-proceeded to flate the fenfe of perfons in general, profeffing the Mahometan religion, with refpect to the veneration due to the parental character. He quoted for this purpose fome paffages from the treatise pub lifhed by Demetrius Cantemir, the Mufful. taining a series of hiftorical comments on man Prince and Prieft of Moldavia, conthe text of the Koran." The Counsel for Mr. Haftings objected to this evidence. The reveries of priefis, Mr. Law faid, were neither relevant on the occafion, nor a proof in any degree applicable in a Court of Criminal Justice. Mr. Burke replied, that whatever might be faid refpecting the reveries of priests, they were fully as valuable as the waking dreams of fome learned gentlemen.-He profeffed himfelf never to have understood, that tho' hiftorical evidence might be inadmiffible as to particular facts, it should be objected to as a proof of local custom.-Mr. Sheridan added, that if Prince Cantemir would not, he trufted that Mr. Juftice Buller might be whimsical association had fubfided, M. Shebelieved. When, the laugh excited by this ridan quoted a paffage from Mr. Buller's "Law of Nifi Prius," to prove that fuch proof, as to matters of local ufage. hiftorical paffages were to be allowed in The Clerk then proceeded to read the following among other extracts : VALIDE SULTANA. "This name is appropriated to the mother "of the reigning Sultan; and the cannot "be fo called before her fon is arrived to the "Imperial dignity, or after his depofition; "because none but Mahmud Fatih and "Selim Yauvuz have happened to mount "the throne in their father's life-time."The Sultans have always treated their "mothers with great respect, in compliance "with the divine precepts, and those of the "Koran. They can not only introduce "and change many things at pleasure in the "Seraglio, but also the Sultan is forbid by "the laws to lie with any of the women "kept there, without his mama's confent. "Every day, during the Feast of Bairam, "the Sultan-mother prefents a beautiful vir gin, well educated, richly dressed, and "adorned with precious ftones, for her fon's "ufe: and though the Vizier, and the rest "of the Bafhaws, fend, among other things, young virgins for presents to the Emperor, yet he touches none of them but what is "brought by his mama. If the Sultan has 66 a mind to chufe a concubine unknown to "his mother, he may indeed do it without "oppofition; but he is reckoned to act contrary to the rules of the Seraglio, and "against his mother's honour! Very often, "the Sultan communicates to his mother "the affairs of ftate, as Sultan Mahomet is "known to have done; and fometimes the "has conferences with the Vizier and Mufti, under a veil, that he may not be feen, "and and recommends to them faithfulness to "her fon. Whenever the is fick, the He"kim-Effendi, or Chief Phyfician, is brought into her bedchamber, but he speaks to her "through a veil hung round her bed; and "if he muft feel her pulfe, it is through a "piece of fine linen caft over her arm; for it "is reckoned as unlawful for any man to "fee the Sultana fick or in health." The extract being read, Mr. Burke affured the Court, it only went to prove the respect which children felt for their parents, and the fanctity in which women were held in that country. agents neceffary, he declared, he thought not -but that fome people thought otherwife. At half past five the Court broke up. EIGHTEENTH DAY. The Managers gave a great deal of written evidence this day, the reading of which took up the time of the Court t'll half past four o'clock. It related to the difputes which had taken place between the Bow Begum and her fon, the Nabob Vizier, and the adjustment of them by the treaty which, under the guarantee of the Company, fecured to her the This being over, the next witnefs called enjoyment of her lands and perfonal estates, was Major BROWN. Examined by Mr. SHERIDAN. He depofed-That he was the English Refident, and well acquainted with DelhiThat the Begums were perfons of high rank, and respected accordingly; but imagined that a removal from a Zenana in a manner becoming her rank, would not have been held difgraceful. On his cross-examination by Mr. Plummer, and on being asked as to the character of Mr. Hastings, he declared, “in all parts of the country in which he had been, he was reckoned a man of high abilities and great character;-that all public men would occafionally be differently thought of, by thofe whom they did or did not ferve; but the general reputation of Mr. Haftings was very great." Mr. GORING. Examined by Mr. SHERIDAN. Depofed, he was in India from the year Sixty to Sixty-nine, and then returned again afterwards. That he had a power from the Supreme Council to remove the Begum, but which he never exercifed. That he had declared to him, that fooner than the Nabob's Zenana thould have been entered, fhe would have put the 2,000 women there confined to death, and destroyed herself afterwards. That his powers he had at prefent by him, and that they were figned by the Secretary to the Supreme Council, confifting of Mr. Haftings, Clavering, Barwell, and Monfon; and that he had looked at them fince he came to England. The laft witnefs called was Examined by Mr. SHERIDAN. He went into a history of the Political Proceedings in India, in which he had oppofed Mr. Haftings. That oppofition is fufficiently known-it wants not further elucidation. He referred frequently to minutes; and on being afked by Mr. Burke, whether in government he thought secret VOL. XIII. after the had agreed to pay 30 lacks of rupees to her fon, and to cancel his bond, which the had for 26 lacks that he had lent to him. Evidence was next given of the diffatiffaction of the elder Begum at the treatment which he and the children of her fon, the late Nabob Sujah ul Dowlah, received from her grandfon, Afoph ul Dowlah, the reigning Nabob Vizier; her refolution to quit his dominions with all her wealth, and go first on a pilgrimage to Mecca, and afterwards to take up her refidence at the Court of Delhi, where the Great Mogul offered her a fecure retreat the alarm taken by Mr. Middleton, the English Refident at Oude, at fuch a refolution, and the profpect of her wealth be ing carried out of the country: his negocia tion with her to prevail upon her to give up her intention of finally quitting the country. and, laftly, evidence was given of the treaty or engagement into which he then entered, and by which he pledged himfelf to certain specific terms, which he engaged to procure for her from the Nabob.-From the negociation between Mr. Middleton and the elder Begum on that occafion, it appeared that fhe would not truft to the words, or promifes, or engagements, of her grandfon; and that on no other condition whatever would fhe renounce her refolution of leaving Oude for ever, but that of having the guarantee of the Company to the treaty which her grandfon fhould make with her. Mr. Middleton defired fhe would fet down in writing the terms the wifhed for: the complied, and Mr. Middleton figned an instrument by which he bound himfelf to procure it from the Nabob. The Managers then produced a paper, which had for title," The Engagement under the Seal of the Nabob Afoph ul Dowlah Bahadre, and the Seal and Signature of Mr. Middleton." This paper contained most of the terms which the Refident had pledged himself to procure for the Begum; but there were fome variations of confcquence. After this paper had been read, Mr. Sheridan obfurved, that Mr. Haftings Y Y had faid in his Defence, that he had forgot Mr. MIDDLETON. Mr. Sheridan made very neatly a fhort preliminary obfervation upon evidence: That "he hoped in every thing with which he "troubled their Lordships, to be fomewhat "efficient and progreffive. That fome "forms, no doubt, were indifpenfible, and 66 none probably more éxpedient than thofe "of the Common Courts. But ftill even thefe must be relaxed, or perhaps aban"doned, if acceffary, to produce Truth, and "atchieve the leading purposes of Juftice." This general reflection being clofed, with particular reference to the cafe of Mr. Middicton-Mr. Law very dexterously "waved "any opinion on the question in the abfirac, "but faid he should referve himself; and if "any questionable point came up, he should "then, but not till then, intrude on their "Lordships, for the allowance and aid they "might find fitting to grant him." Mr. Sheridan's first interrogatories went to this effect-That Mr. Middleton had been at Drapers' Hall, and was examined two or three times-by the Agents and Counsel of Mr. Haftings. On cross-examination from Mr. Law, it was alfo proved, "That Mr. Middleton had been also previously examined by the other "fide, both at the India House and in the "Committee; that he had been often turn"ed out of the room, and once left in it "with only Mr. Francis and a Clerk; that "he had received language that had intimi"dated him-but what, he could not frecify." In regard to the printed Defence of Mr. "he did not Haftings, vir. Middleton faid, "white any prricular part--but merely “Jopphed fame Links to Major Scott." Mr. Law, in this flage of the curious ex2wination, with much arinlinefs and diforetion, bristly gave a Vindication of Pretti fional Honour-proving by teftimony, that when it was thought proper for Mr. Middleton's conduct to be directed by Counsel, he (Mr. Law) and his colleagues in the cause would no otherwife communicate with Mr. Middleton, than to tell him to get advice elsewhere. This explanation was clofed with much fatisfaction by a few words from Mr. Sheridan, in full acknowledgement of the "learned Counsel's perfect honour.” Mr. Middleton was afked, if he had figned any treaty, by which he had pledged himself to procure the elder Begum certain specified terms from the Nabob? He answered, that he had. He was asked, if he had any direct authority from the Governor-General, or Council, for figning fuch a treaty? He replied in the negative; but said, at the fame time, that as he was fent into Oude to compofe fome differences between the Nabob and his mother, he thought that in figning the treaty above-mentioned he was acting officially.-He was afked, if he had figned the treaty a copy of which was produced, and purported to be under the feal of the Nabob, and the feal and fignature of Mr. Middleton ? [N. B. The Nabob never figns, he only feals.] He replied, that he did not recolle&.- Had the Nabob fet his feal to it? He did not recollect.-What had he done to discharge the obligation he had taken upon himself to procure for the Begum the terms which the afked? He did not recalled.-Were these terms ever granted and fecured by treaty ? He did not recollect.-Had any thing been done by him in confequence of his obligation? He did not recollect.-Had the treaty which he was bound to procure entirely failed? He did not recollect; but he was rather inclined to think that it had, and that the inftrument which purported to be an engagement fealed by the Nabob, and figned and fealed by himself (Mr. Middleton), was a draft of a treaty prepared for figning, but not figned. This paper, it seems, had no date; upon which Mr. Law, the Counfel for the prifoner, afked him if he had ever heard of a treaty without a date? He replied, that he had not. Upon this Mr. Sheridan asked him, if the conditional treaty which he acknowledged he had figned with the Begum bore any date? He replied, that it did not.-Then, faid Mr. Sheridan, how can you fay you never heard of a treaty without a date? He was asked, if he had fent to Calcutta the paper which he did not recollect he had figned? He did not recollect, but he believed he had not; if he had figned it, he must have fent it, because it would have been his duty fo to have done. He was afked if if he fent every paper to Calcutta which it was his duty to fend? He begged, that as this question might have a tendency to criminate him, he might be excused from anfwering it. The Court granted his requeit. Being asked, what he thought of the paper which he was of opinion had been prepared for figning, but had not been executed? he replied, that he thought it the fame in fubftance with that which he had figned with the Begum. Lord Loughborough asked, if he was not now aware that there was an essential variance in the one from the other. He faid he was. His Lordip then asked, how he could ftill think them the fame in fubftance? He could not tell. Lord Stormont obferved, that a man employed in an important negociation might, after the lapfe of years, forget what parts had been admitted, and what rejected; but he wished to know, whether the witness was of opinion, that any man fo employed could forget whether his negociation had ended in any treaty or not? Mr. Middleton replied, that he was of opinion he might; for he kimfelf had forgot what had been the event of his negociation with the Nabob.--Many ether questions were asked by the Managers and by noble Lords; but Mr. Middleton faid, his recollection, after a period of ten years, was very imperfect, and be had never fince refreshed bis memory on the fubject. This gentleman ftated, that he had been Refident at the Court at Lucknow, and had pressed the Nabob to tax the jaghires for the purpose of finding means to liquidate his debt with the Company. The Nabob told him, that it was not in his power to tax the jaghires, at least such of them as were poffeffed by his mo ther and grand-mother, as he had entered into treaties with them both, by which he had bound himself to leave them the undisturbed poffeffion of all their real or perfonal property, renouncing, at the fame time, all claim upon either, and all right to make any claim; and that those treaties were guaranteed by the English. That, as a proof of this, the Nabob caufed copies of these two treaties to be delivered to the witnefs, one of which bore the fignature of Mr. Bristow, the other of Mr. Middleton; the former was put to the treaty with the younger Begum, the latter to that with the elder. This latter treaty was that which Mr. Middleton could not recollect yesterday that he had ever figned. But fo fatisfied was Mr. Purling that they were authentic copies of subsisting treaties under the guarantee of the Company, that he fent them to Calcutta, and itated them to have induced him to defift from im At a quarter paft fix the Court ad- portuning the Nabob to tax the jaghires injourned. NINETEENTH DAY. THURSDAY, APRIL 24. The Court having affembled before twelve 'clock, a variety of papers extracted from the Secret Confultations were read for the purpose of proving the fituation of the Nabob of Oude in 1780; his diftreffes, even after the reduction of his houfhold; his propofal to tax the incomes of the various Jaghidars in his district, and the reluctance which he expreffed to the inclusion of the Begums in this measure.-Some of his appeals were fingularly pathetic:-"I prefer "the interests of my friends," said he, ❝even to life itself; but what can I do in "my present fituation? I have houses, ele"phants, and cattle; if these will fuffice "for the payment of my debt, take them; "if there be found any uncollected reve"nue, you may receive it without oppofi❝tion. I have discharged my old fervants, "I have contracted my expences; but in a " ruined country, and from the failure of the "last harvest, it is impoffible for me to cluded in the guarantee. Mr. Middleton was at Calcutta when Mr. Purling sent thither the copies of the treaties; and though Mr. Haftings had an opportunity of making enquiries from Mr. Middleton at that time, about the authenticity of this latter treaty, Mr. Purling never had any doubt expreffed to him in his official dispatches from Calcutta on the subject. The next witness called was, for the fe cond time, Mr. MIDDLETON. Examined by Mr. SHERIDAN. He was again referred to the Treaty of 78, which he did not perfectly recollect: That he was almost certain that the Dow Eegum was always confidered as being under the immediate protection of the East-India Company, which was the reafon, be thought, for his undertaking her caufe. That he had refreshed his memory by looking over the Minutes for about a quarter of an hour that morning; but that he was nearly certain he might have had access to them at any time: That as to the Treaty, he confidered it as a regular engagement; but could not exaily fay how; and certainly did not remember pofi tively |