- tively figning the Treaty at all;-if he did fign it, it was merely as a witnefs, to make it an inftrument, but without any authority from Government.

had fo compleatly taken upon himself all refponfibility for the government of Oude, that the acts of Mr. Middleton must in fairness and neceffity be imputed to Mr.

-

“Spoke from probability — without the leaft recollection !”

Mr. Middleton then proceeded in the fame perfpicuous manner. He thought he had heard fomething of the intended impeachment of Mr. Haftings by the House of Commons-but was not certain.-Had furnished Major Scott with the materials for the anfwer to one charge, and had read it, but did not entirely recollect the contents of it. Went by accident to Drapers' Hall; but had received a note from Major Scott, defiring him to call there, in his way into the city, which he did-by accident. This was while Mr. Haftings was in Scotland, and his Defence was preparing. Whether he went with Major Scott to Drapers' Hall-could not recollect.

After Meff. Sheridan, Burke, and Adam, had fufficiently wafted this evidence, and for which his extreme confusion and embarraffment gave fufficient occafion, he was permitted to retire.

To fay the truth, Mr. Middleton feemed to have brought nothing to a certainty. "I will not be fure thefe are my bands," might have been his motto; and this air of total uncertainty threw a ridicule over his manner, and character, which we hear from all quarters he by no means merits.

The Managers proceeded next to give evidence in fupport of that part of the charge which relates to the removal of Mr. Bristow, the Refident appointed by the orders of the Court of Directors to the Vizier's Court; his re-appointment by the special command of the Directors; and his final removal by Mr. Haftings, to make way for a creature of his own, in whom he could confide, and by whom his orders would be punctually obeyed. Mr. Sheridan obferved to the Lords, that they would find that when Mr. Haflings thought Mr. Middleton would be a Refident entirely to his mind, he was not mistaken in his man.-Witten evidence was given on this subject, consisting of letters of credence given to Mr. Middleton for the Nabob, his mother, Hyder Aly Khan, &c. From thefe letters it was, that Mr. Sheridan faid the Managers would prove, that Mr. Haftings

Early in the day, Mr. Burke informed the Court, that Mr. Goring wifhed to correct a miftake in the evidence he gave before their Lordships on Tuesday. Mr. Goring was called in, and faid, that when he appeared laft before the Court, he had faid, that when he was at Muxadavad, the Court of the Nabob of Bengal, the widow of the Nabob Surajah Dowlah had not taken any notice, until he had his audience of leave, of the power with which he had informed her he was vested, of removing her forcibly, if she fhould endeavour to obftruct the negociation on which he was then employed. In fact, fhe did take notice of it at the time, and expreffed her concern at it; but he at the fame time defired fhe would not be alarmed, for he would not think of disturbing her, or making any use of his power, except in case of neceffity: it was at his audience of leave that he told him, fhe would have put herfeif and all the ladies to death, if he had attempted to remove them by force.

He was asked, by the Counsel for Mr. Haftings, if he was fure that there was, at the time of which he was fpeaking, fuch a lady in existence, as the widow of Surajah Dowlah, Nabob of Bengal ? He replied, that after he had paid his refpects to most of the people of rank in the capital, he received an invitation from an eunuch, calling himself the fervant of the widow of Surajah Dowlah; that he accordingly waited upon her, and found her living in great splendour in a magnificent palace. He could not, of his own knowledge, say whose widow she was; but he lived like a Princefs, had a princely train of fervants, and a very grand palace of great extent; gave him a most magnificent entertainment, and offered him great presents, which he refufed, as well as all the other prefents that were offered to him during his ftay at Muxadavad. He refided in that city for upwards of three months after his intro duction to her, and had never heard any one fo much as hint that he was not the widow of Surajah Dowlah.-Being examined refpecting his power of removing the Begum, he faid it was full and explicit; but as it was difcretionary, he certainly would not have put it in force without very strong reafons; nay, he believed he would on no account have exercised it.

The Court rofe at half past five o'clock, and adjourned to the Tuesday following. [To be continued]

Their Lordships met this day pursuant to adjournment; but did nothing more than hear Counsel in an appeal from Scotland. APRIL 10.

Their Lordships met at the ufual hour in their robes, and the order of the day having been read for the Judges to give their opinions upon a question of law, put to them on the laft day of the trial of Mr. Haftings*, the Chief Baron of the Court of Exchequer rose, and in a learned fpeech gave the unanimous opinion of his brethren present,"That the witne (Mr. Benn) was not obliged to give an answer to the queftion which had been put to him by a Manager for the House of Commons,"

The Lord Chancellor and Lord Camden agreed with the fentiments of the Chief Baron, and the Duke of Norfolk, in a fhort fpeech, differed from the three great authorities above-mentioned.

The House then proceeded to the trial †.
APRIL 21.

The order of the day being read, the Duke of Athol moved, that Counfel might be admitted in fupport of Lord Cathcart's objections to the vote of Lord Colville of Ochiltree. This gave rife to a long converfation, in which Lord Loughborough, the Lord Chancellor, Earl Stanhope, Lord Hopetoun, Lord Cathcart, and the Duke of Athol, were up feveral times. The Duke at length withdrew his motion,

Lord Loughborough then rofe, and in a fpeech equally pointed and elegant, introduced three motions, the substance of which were, that Alexander Hume, and Robert Sinclair, by accepting the figned lift of Alexander Anderfon, affuming the title of Lord Rutherford, and claiming that honour under David Drury, against whom and his defcendants, until their pretenfions were established, their Lordships had entered an order on their journals, to prevent the privileges annexed to the Peerage being exercifed, which order had been fent to the Clerks of Seffions, yet in defiance of it they had accepted his * See p. 207.

VOL, XIII,

vote, when the numbers were equal for Lords Dumfries and Cathcart, and thereby made a falfe return. His Lordship therefore moved, that the return be amended, and that the two Clerks of Seffion receive a fevere reprimand for their conduct.

After another long converfation, an amendment was agreed to, that it should be without prejudice to the parties on the merits of the election.

A debate then took place, in which the Lord Chancellor, Lords Stormont, Kinnaird, Radnor, and Morton spoke.

At nine o'clock, the House divided; when the numbers were for the motion, Contents,

25 18

7

Lord Loughborough then moved his two after motions, which were carried without a divifion.

Lord Cathcart voted with the Non Contents; but by this decifion of the House, his Lordship is excluded the House, unless he can regain his feat on the investigation of the mɛrits of the election.

APRIL 25.

Lord Hopetoun prefented a petition from Lord Colville of Ochiltree, praying that Lord Cathcart, who had objected to his vote in general terms, might specify the particular objection, and that fufficient time might be allowed him to answer. Lord Hopetoun enforced the prayer of the petition in a fhort fpeech. Counsel being accordingly called to the bar, Mr. Anftruther and Mr. Douglas for Lord Colville; the Lord Advocate of Scotland and the Solicitor General for Lord Cathcart;

Mr. Anftruther was proceeding, when Lord Kinnaird rofe and moved, that the Counfel do withdraw.

A converfation of confiderable length now took place, in which Lord Loughborough, the Lord Chancellor, the Duke of Athol, and Lord Hawkesbury argued in favour of the Counsel's proceeding, and the Lords Stanhope, Radnor, Hopetoun, and Kinnaird for the prayer of Lord Colville's petition. Each of them fpoke feveral times.

Lord Rawdon at last made a motion, that the Houfe fhould agree with the petition of Lord Colville, which was negatived without a divifion. Counfel being then called to the bar, on the objection to the right of Lord + See p. 273.

MR. Baftard faid, that notwithstanding the defeats he had experienced in the rejection of the motions he had made on the naval promotion, he was fo convinced of the juftice of his caufe, that he would never abandon, but would bring it forward day after day, unless he fhould receive the exprefs injunction of the Houfe to let it reft. When he proposed an address to the King on this fubject, he thought fuch a mode the most gentle with refpect to the Fift Lord of the Admiralty; but fince he had been over-ruled by the Houfe, 'he now would take another way; he theree moved, "That it be referred to a Comittee of the whole Houfe to enquire into the conduct of the First Lord of the Admiralty, in the late promotion of Admirals."

Mr. Edwards feconded the motion. Sir George Howard fupported the measure proposed by Mr. Bastard; he thought it no more than an act of juftice to the very refpectable and gallant officers who had been overlooked in the promotion, and who, in his opinion, were not more injured by that circumftance of neglect and injuftice, than was the publick fervice itself.

Mr. Pitt enforced what he had faid on former occafions, that though Parliament had an undoubted right to enquire into all abuses, and to control the executive government, whenever it should be found to have abused its power, yet an interference with it, on the part of Parliament, except to remedy abules or prevent them, was not warranted by the Cenftitution.

The executive government was found, in all its acts, to confider the publick good, and if in purfuing that, fome partial inconvenience to individuals fhould occur, it could not be deemed an abufe of power, and therefore ought not to be made a ground for Parliamentary enquiry; and confequently, unless it could be made to appear, that in the felection of officers for promotion to flags, the Admiralty Board had confulted the grafication of private diflike, or of caprice, rather than justice, and the good of the fervice, the motion ought not to be preffed upon the Houfe; but if it was preffed, it puglit, upon a queftion, to be rejected.

Lord Colville had no right to vote, and that the return fhould be amended accordingly." In confequence of this refolution, Lord Cathcart will refume his feat.

MAY 8.

Before their Lorcfhips went down to the Lower Affembly in Westminster-Hall, 49 public and private bills received the Royal Affent, by virtue of a commiffion under the Great Seal for that purpose.

The House then adjourned until Tuesday May the 20th,

COMMON S.

Mr. Fox admitting the principles laid down

by Mr. Pitt as ftrictly parliamentary and conftitutional, undertook to prove that the enquiry ought to go on, not because the House ought to control the executive government in every or any act founded on found difcretion, but because the Board of Admiralty had abused their trust, by acting from caprice and partiality, and making the power and discretion given to them by the Conftitution, the inftruments of injuftice and oppreffion.

Several other gentlemen took part in the debate.

At last, when the Saker put the queftion, the House divided upon it, and there appeared

For the motion Against it

Mr. Bastard gave notice, that on Thurfday fe'nnight he would move the difcuffion relative to the late naval promotions,

The report from the Committee of the whole Houfe on the bill for regulating places of public amufements having been brought up, two claufes were offered, for putting the Circus and Aftley's Amphitheatre on a fimilar footing with Sadler's Wells; but they were rejected on this ground, that it was contrary to order, to admit claufes on particular fubjects in a bill of general regulation, without a previous application to the House, before the bill was fent to the Committee.

The report was read and agreed to.

Mr. Burgefs then moved, that the bill for explaining and amending the laws now in being refpećting debtor and creditor, fhould be read a fecond time. He was wedded, he faid, to no part of the bill, but

the

APRIL 25.

The bill for regulating places of public amufement was read a third time, paffed, and ordered up to the Lords.

The Houfe being resumed, adjourned.
APRIL 28.

On the motion of Mr. Alderman Sawbridge, the Houfe refolved itfelf into a Committee on the petition from certain electors of Queenborough, Mr. Marsham in the chair, A witness of the name of Stamp was called to the bar and examined.-A lift of names having been handed to him, he was asked if he knew the perfons who bore them. He faid he did; that they were freemen of Queenborough, and all of them had employments under the Board of Ordnance. He faid that

he himself was first-mate of a veffel; that the Captain having died, he applied to the Board of Ordnance for an appointment to fucceed him; but he was informed that the place had been already bestowed upon another perfon at this he expreffed his furprize, and obferved to the Secretary of the Ordnance that this was the more fingular, as he (the witnefs) had voted for him. To this the other replied, that it was true the witness had voted for him, but that it was alfo true that he had voted against the other candidate who had been recommended by the Board of Ordnance, This, the witnefs faid, was the reafon affigned to him for the appointment of a perfon over his head to command the vessel, on board of which he had heen, before the Captain's death, the fecond in command; fo that he loft his promotion, because he had ufed his franchife, as an elector, in the manner that his judgment had pointed ont to him as the most proper. The witnefs was ordered

to withdraw, and the chairman was directed to report progrefs, and afk leave to fit again. The Houle refolved itfelf into a Commit tee on an enquiry into the conduct of Sir Elijah Impey, Sir Godfrey Webster in the shair, to confider of the first article of the

charge against the late Chief Juftice of Bengal-" the illegal and malicious execution of Nunducomar."

Sir Gilbert Elliott faid he would refrain from any attempt to intereft the passions of the Committee by an appeal to their hearts; he would direct himself folely to their judg ment, which alone ought to determine their vote on this occafion. Sir Elijah Impey, he faid, had been placed at the head of a tribunal, conftituted for the exprefs purpose of protecting the natives of Indoftan under our immediate Government; but lofing fight of the object for which he was fent out to India, he began his judicial administration by the facrifice of innocent blood on the altar of injuftice and oppreffion. Sir Elijah, in the defence he had delivered orally at the bar of the House of Commons, affected to be furprized at finding on his return to Europe, the execution of Nunducomar made an article of criminal charge against him; it was what he had never expected, and he had prepared to defend only one charge, namely, his having accepted the office of Prefident of the Court of Dewanee Adaulet. But this, Sir Gilbert maintained, must be a false affertion; for before Sir Elijah left India, he was apprised of the intention of the Select Committee to exhibit as an article of charge against him the execution of Nunducomar; and fo well was he aware of the criminal light in which that act was viewed, that he caused the trial of Nunducomar to be printed, for his own justification.

Sir Elijah had endeavoured to fhew, that the execution of Nunducomar was the act of the whole Supreme Court. But this was no ground of defence; for, if the act was crimina!, it only proved that the Chief Juftice had accomplices in his guilt; and the Committee might, without any violation of justice, fingle out the ringleader as the fittest to be made an example of, and more particularly as that ringleader was now upon the spot.

Sir Gilbert then went into the cafe of Nunducomar. He fhewed upon what account Mr. Haftings had become the fworn enemy of that unfortunate Hindoo, who had charged the Governor-General with corrupt practices; and to that enmity he afcribed the trial and death of Nunducomar.

Sir Gilbert next took notice of the defence fet up to prove the trial to have been legal; and in oppofition to that defence he maintained that the trial was illegal; first, because the Supreme Court had no criminal jurifdiction over the natives of Bengal; and fecondly, granting that it had, because the Act of Parliament, by which the benefit of clergy is taken away from the crime of for gery, did not extend to Calcutta. Op the

former