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- tively figning the Treaty at all; -- if he did had fo compleatly taken upon himself all

sign it, it was merely as a witness, to make responsibility for the government of Oude, it an in trument, but without any authority that the acts of Mr. Middleton must in from Government.

fairness and necessity be impated to Mro Amongst other happy questions, was the Hastings. following to him :

Early in the day, Mr. Burke informed the “ Did he recollect any circumstances that Court, that Mr. Goring wished to correct a " made him forget one Treaty more than an miftake in the evidence he gave before their 6 other?”

Lordships on Tuesday. Mr. Goring was To which the following oracular answer called in, and said, that when he appeared was given :

last before the Court, he had said, that when ** Spoke from probability - without the he was at Muxadavad, the Court of the 4 leaft recollection!

Nabob of Bengal, the widow of the Nabob Mr. Middleton then proceeded in the same Surajah Dowlah had not taken any notice, perspicuous manner. He thought he had until he had his audience of leave, of the heard something of the intended impeach- power with which he had informed her he ment of Mr. Hastings by the House of Com was vested, of removing her forcibly, if the mons--but was not certain.-Had furnished should endeavour to obstruct the negociation Major Scott with the materials for the an on which he was then employed. In fact, swer to one charge, and had read it, but did she did take notice of it at the time, and exnot entirely recollect the contents of it.- presked her concern at it; but he at the same Went by accident to Drapers' Hall; but had time defired she would not be alarmed, for received a note from Major Scott, defiring he would not think of disturbing ber, or him to call there, in his way into the city, making any use of his power, except in care which he did-by accident. This was of necessity : it was at his audience of leave while Mr. Hastings was in Scotland, and his that me told him, she would have put herself Defence was preparing. Wheter he went and all the ladies to death, if he had attemptwith Major Scott to Drapers' Hall-could ed to remove them by force. not recollec?.

He was asked, by the Counsel for Mr. After Meff. Sheridan, Burke, and Adam, Hastings, if he was sure that there was, at had sufficiently wasted this evidence, and for the time of which he was speaking, such a which his extreme coniufion and embarra l lady in existence, as the widow of Surajah ment gave sufficient occasion, he was per- Dowlah, Nabob of Bengal ? He replied, mitted to retire.

that after he had paid his respects to most of To say the truth, Mr. Middleton seemed the people of rank in the capital, he received to have brought nothing to a certainty. an invitation from an eunuch, calling liimself wwill not be sure these are my bands,might the servant of the widow of Surajah Dowhave been his motto; and this air of total lah; that he accordingly waited upon her, uncertainty threw a ridicule over his manner and found her living in great splendour in a and character, which we hear from all quar- magnificent palace. He could not, of his ters he by no means merits.

own knowledge, say whose widow the was; The Managers proceeded next to give evi but he lived like a Princess, had a princely dence in support of that part of the charge train of servants, and a very grand palace of which relates to the removal of Mr. Bristow, great extent; gave him a most magnificent the Resident appointed by the orders of the entertainment, and offered him great presents, Court of Directors to the Vizier's Court; which he refused, as well as all the other his re-appointment by the special command presents that were offered to him during his of the Directors; and his final removal by stay at Muxadavad. He resided in that city Mr. Hastings, to make way for a creature of for upwards of three months after his introe his own, in whom he could confide, and by duction to her, and had never heard any one whom his orders would be punctually obey- formuch as hint that she was not the widow teri. - Mr. Sheridan observed to the Lords, of Surajah Dowlah.--Being examined re. that they would find that when Mr. Hastings speeting his power of removing the Begum, thought Mr. Middleton would be a Retiderit he said it was full and explicit ; but as it entirely to his mind, he was not mistaken in was discretionary, he certainly would not bis man.--Written evidence was given on have put it in force without very strong rea. this subject, confisting of letters of credence sons ; nay, he believed he would on no acgiven to Mr. Middleton for the Narob, his count have exercised it. mother, Hyder Aly Khan, &c. From there The Court rose at half past five o'clock, letters it was, that Mr. Sheridan said the and adjourned to the Tuesday following. Managers would prove, that Mr. Hastings

[To be continued.]

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18

JOURNAL of the PROCEEDINGS of the FIFTH SESSION of the SIXTEENTH PARLIAMENT of GREAT BRITAIN.

HOUSE OF LORD S.
MARCH 20.

vote, when the numbers were equal for Lords THE Royal Affent was given by commis Dumfries and Cathcart, and thereby made a

fion to the Mutiny, East-India Declara. false return. His Lordship therefore moved, tory, the Lace Manufacture, and the Catte- that the return be amended, and that the two rick Road bills, and to 19 other bills, most Clerks of Seffion receive a severe reprimand of which were for inclosing waste lands. for their conduct.

The House then adjourned to the 7th of After another long conversation, an April.

amendment was agreed to, that it Thould be APRIL 7.

without prejudice to the parties on the merits Their Lordships met this day pursuant to of the election, adjournment; but did nothing more than A debate then took place, in which the hear Counsel in an appeal from Scotland, Lord Chancellor, Lords Stormont, Kinnaird; APRIL 10.

Radnor, and Morton (poke. Their Lordships met at the usual hour in At nine o'clock, the House divided; when their robes, and the order of the day having the numbers were for the motion, been read for the Judges to give their opinions

Contents,

25 upon a question of law, put to them on the Non Contents, last day of the trial of Mr. Hastings *, the Chief Baron of the Court of Exchequer rose,

Majority 7 and in a learned speech gave the unanimous Lord Loughborough then moved his two opinion of his brethren present, after motions, which were carried without a " That the witne. (Mr. Bean) was not

division. obliged to give an answer to the question Lord Cathcart voted with the Non Con. which had been put to him by a Manager for tents; but by this decision of the House, his the House of Commons."

Lordship is excluded the House, unless he can The Lord Chancellor and Lord Camden regain his seat on the investigation of the meagreed with the sentiments of the Chief rits of the election. Baron, and the Duke of Norfolk, in a short

APRIL 25. speech, differed from the three great autho Lord Hopetoun presented a petition from rities above mentioned.

Lord Colville of Ochiltree, praying that Lord The House then proceeded io the trial +. Cathcart, who had objected to his vote in APRIL 21.

general terms, might specify the particular The order of the day being read, the Duke objection, and that sufficient time might be of Atbol moved, that Counsel might be ad allowed bim to answer. Lord Hopetoun enmitted in support of Lord Cathcare's objec- forced the prayer of the petition in a short tions to the vote of Lord Colville of Ochiltree. speech. Counsel being accordingly called to This gave rise to a long conversation, in the bar, Mr. Anftruther and Mr. Douglas which Lord Loughborough, the Lord Chan for Lord Colville ; the Lord Advocate of cellor, Earl Stanhope, Lord Hopetoun, Lord Scotland and the Solicitor General for Lord Cathcart, and the Duke of Athol, were up Cathcart ; several times. The Duke at length withdrew Mr. Anftruther was proceeding, when his motion.

Lord Kinoaird rule and moved, that the Lord Loughborough then rose, and in a Counsel do withdraw. speech equally pointed and elegant, intro A conversation of confiderable ler.gth now duced three motions, the substance of which took place, in which Lord Loughborough, were, that Alexander Hume, and Robert the Lord Chancellor, the Duke of Athol, Sinclair, by accepting the signed list of Alex- and Lord Hawkesbury argued in favour of ander Anderson, assuming the citle of Lord the Counsel's proceeding, and the Lords StanRutherford, and claiming that honour under hope, Radnor, Hopeloun, and Kinnaird foc David Drury, against whom and his descen- the prayer of Lord Colville's petition. Each dants, until their pretensions were establish of them spoke several times. ed, their Loruships bad entered an order on Lord Rawdon at last made a motion, that their journals, to prevent the privileges an the House Thould agree with the petition of nexed to the Peerage being exercised, which Lord Colville, which was negatived without order had been sent to the Clerks of Seflions, a divifion. Counsel being then called to the yet in detance of it they had accepted his bar, on the objection to the right of Lord

* Sss p. 207.

+ See p. 273VOL. XIII,

Colville

z z

Colville to vote on the election of Scotch Lord Colville had no right to vote, and that
Peers, after hearing the arguinents of the the return should be amended accordingly."
Solicitor-General, and the Lord Advocate of In consequence of this resolution, Lord
Seotland, one evidence was examined, when Cathcart will resume his feat.
further proceeding was deserred.

MAY 8.
APRIL 28.

Before their Lor lhips went down to the Counsel concluded their pleadings on be Lower Allembly in Weitminster-Hall, 49 half of Lord Colville, with respect to bis public and private bills received the Royal right of voting at the late election for one of Altent, by virtue of a commillion under the the Sixteen Peers.

Great Seal for that purpose. After a short debate their Lordihips divided,

The House then adjourned until Tuesday of Thit the person affuming the title of May the 20th,

HOUSE OF

COMMONS.
APRIL 18.

Mr. Fox admitting the principles laid dow's MR

defeats he had experienced in the rejection stitutional, undertook to prove that the enof the motions he had made on the vaval pro- quiry ought to go on, not because the House motion, he was so convinced of the justice of ought to control the executive government in his cause, that he would never abandon, but every or any act founded on found discretion, would bring it forward day after day, unless but because the Board of Admiralty had abused he Mould receive the express injunction of the their trutt, by acting from caprice and par. House to let it reft. When he proposed an tiality, and making the power and discretion address to the King on this subject, he given to them by the Constitution, the instruthought such a muie the most gentle with res ments of injustice and oppression. pect to the Fift Lord of the Admiralty ; but Several other gentlemen took part in the since he had been over-rulal by the House, debate. 'he now would take another way; he there. Atlast, when the saker put the ques.

Te moved, " That it be referred to a Com- tion, the House divided upon it, and there alttee of the whole House to enquire into the appeared conduct of the First Lord of the Admiralty,

For the motion

133 in the late promotion of Admirals.”

Against it

150 Mr. Edwards seconded the motion.

Sir George Howard supported the measure Majority against the motion 17 proposed by Mr. Bastard; he thought it no Mr. Bastard finding that a question, which more than an act of justice to the very res. affected and was aimed at the situation of the pectable and gallant officers who had been Firtt Lord of the Admiralty, was Jost by so overlooked in the promotion, and who, in small a majority, gave notice that on Monduy his opinion, were not more injured by that he would inform the House, on what day he circonstance of neglect and injustice, than should bring forward the business in another was the publick service itself.

shape. Mr. Pitt enforced what he had said on

APRIL 21, former occasions, that though Parliament had Mr. Bastard gave notice, that on Thurs. an undoubted right to enquire into all abuses, day se’nnight he would move the discussion and to control the executive government, relative to the late naval promotions, whenever ii thould be found to have abused The report from the Committee of the its power, yet an interference with it, on the whole House on the bill for regulating pla. part of Parliament, except to l'emedy abuses ces of public amusements baving been or prevent lliein, was rot warranted by the brought up, two clauses were offered, for Cenftirution. The executive government putting the Circus and Alley's Amphithe. was found, in all its acts, to consider the atre on a similar footing with Sadler's Wells; publick goo, and if in pursuing that, fome but they were rejected on this ground, that partial incor venience to individuals fhould it was contrary to order, to admit clauses on occur, it celld not be deemed an abuse of particular subjects in a bill of general regupower, and therefore ought not to be made a lacion, without a previous application to ground for Parii mental y enquiry; and con the House, before the bill was sent to the requently, initfs it couid be made to appear, Committee. th t in the relation of officers for promotion The report was read and agreed to. to flags, the Admiraity Board had consulted Mir. Burgess then moved, that the bill the gratification of private dislike, or of c. for explaining and amending the laws now price, rather than justice, and the gooi of the in being relpiecuing debror and creditor, fervice, the motion our ht not to be pressed mould be read a second time. He was upon the House; but if it was prefied, it wedved, he said, to no part of the bill, but puglii, upon a queftion, to be rejected.

the

the principle; and therefore he would rea The laws now in being for preventing the dily concur in any alteration in the clauses exportation of wool, were sufficiently le. that might render it palatable to the House. vere ; and he could not see the necellity of

Mr. Mainwaring requested the Hon. the new one now preposed. His opinion Member would not press the reading of a of the bill before the House was, that it bill of so much moment, in so thin a Houle, was oppressive, vexatious, and derogacory and when few of the gentlemen of the long to the liberty of the subject; that it imrobe were present.

properly gave new powers and a summary The Solicitor General wished for some jurisdiction; that it treated witnesses and delay, as he had not had time to consider the securities as criminals; that it empowered bill maturely; and he did not wish to be any person to seize another on pretence of thought under such a circumstance to pledge bis being an exporter of wool, without a himself to support the principle of it, by warrant from a Magistrate ; and that, upon voiing for the second reading.

the whole, it was highly objectionable. He Mr. Burgess replied, that a request for spoke fur upwards of an hour and a half. further delay, after the vill had been fix Arthur Young, Esq. the agricultural tra. weeks in print, was very singular, and in veller, was now called to the bar. It ap. his opinion in admillible.

peared from his evidence, that there were Sir Joseph Maw bey and Sir William Dola but small quantities of wooi exported from ben supported the motion, which was at this kingdcm into France. length carried; the bill was then read, and Sir Joseph Banks, Bart. was afterwards afterwards it was ordered that it should be called to the bar by the Counsel against the commi:ted on this day three weeks; and bill, and was questioned with regard to the then the Houle adjourned.

exportation of wool. APRIL 22.

Mr. Graham reprobated the bill as un. The order of the day bemg read for the necessary and inexpedient, second reading of the wool bill,

Mr. Partridge defended the bill from the Messrs. Erskine and Graham appeared at exceptions of the other Counsel. the bar as Counsel for the petitioners against When the pleadings and examination the bill; and Mr. Partriuge in support of were closed, the debate was deferred till the bill.

April 23, to which day the House ad. Mr. Erskine having alluded, in the be. jouroed. ginning of his speech, to the less weighty grounds upon which this bill wis brought Counse! were again called in on the wool into, the House, compared with what it bill. Sir Joseph Bankes was examined at would liave been if introduced on the deli the bar, and delivered a very clear and berate suggestion of a numerous body of pointed teftimony, tending to Mew the im. persons more immediately conversant in the policy of the bill. woollen manufacture,

Several other witnesses were examined, Mr. Duncombe rose, and moved that the and after the Counsel on both sides had fum. Counsel should withdraw.

med up the evidence, the House adjourn. After they had retired froin the bar, he ed, adverted to the irregularity of Mr. Erikine's infinuation, respecting the persons hy whom Mr. Hussey moved the order of the day, the bill was brought into parliament. for the aujourned hearing of Counsel on the

Mr. Fox allowed, that the Counsel's re wool bill; upon which mark was somewhat liregular.

Messrs. Ei skine, Graham, and Partridge The Counsel having reappeared at the bar, appeared at the bar, and the last-mentioned the Speaker informed Mr. Erskine that he gentleman began to plead in support of the was out of order.

bill. He had not been spe?king many Mr. Erskine, in explaining himself, drew minutes, when some remarks made by him down a repetition of the same ceulure. on the baracter of Mr. Arthur Young, ina

He then proceeded in a more regular fuating that he was ill-atfected to the manner, and entered at considerable length woollen manufacture, occafioned a motion into the merits of the bill. He ftated that to be made that the Counsel should withthie exportation of wool to the continent draw; which was complied with. But was by no means so great as had been re the Speaker vindicating Mr. Partridge, on presented by the advocates for the bill; for the ground that he hd not attacked Mr. though they had alledged, tiiac 13,000 Young's moral character, and that it packs of chat commodity were annually ex allowable to speak of his public one, the ported in a clandestine manner, it did not matrer dropped. appear that the number exceeded 4000. While the Counsel were out on this oc

2 2 2

casion,

APRIL 23.

APRIL 24:

was

calion, Messrs. Hussey and Viner objected charge against the late Chief Justice of Ben. to going on with lo important a business in gal" the illegal and malicious execution of So thin a House; but no motion being made Nunducomar." for the adjournment of it, the Counsel were Sir Gilbert Elliott said he would refrain again called in, and Mr. Partridge proceeded from any attempt to interest the passions of in his speech. A few minutes afterwards, the Committee by an appeal to their hearts;

Mr. Viner role again, and observed, that he would direct himself solely to their judga he could not fit patiently while business of ment, which alone ought to determine their such moment was so ill attended; and, as vote on this occasion. Sir Elijah Impev, he there did not appear to him to be a said, had been placed at the head of a tribu. House, he insisted on the Members being nal, constituted for the express purpose of counted.

protecting the natives of Indoftan under our This being of course complied with, it immediate Government; but losing sight of appeared that there were five short of forty, the object for which he was sent out to India, the number necessary to constitute a House, he began his judicial administration by the and an immediate adjournment took place sacrifice of innocent blood on the altar of about fix o'clock.

injustice and oppression. Sir Elijah, in the APRIL 25.

defence he had delivered orally at the bar of The bill for regulating places of public the House of Commons, affected to be fur. amusement was read a third time, palled, prized at finding on his return to Europe, the and ordered up to the Lords.

execution of Nunducomar made an article of The House being resumed, adjourned. criminal charge against him; it was what he APRIL 28.

had never expected, and he had prepared to On the motion of Mr. Alderman Saw. defend only one charge, namely, his having bridge, the House resolved itself into a Com. accepted the office of President of the Court mittee on the petition from certain electors of of Dewanee Adaulet. But this, Sir Gilbert Queenborough, Mr. Martham in the chair. maintained, must be a false assertion; for be. A witness of the name of Stamp was called to fore Sir Elijah left India, he was apprised of the bar and examined. -A litt of names hav the intention of the Select Committee to ex. ing been handed to him, he was asked if he hibit as an article of charge against him the knew the persons who bore them. He said execution of Nunducomar; and fo well was he did ; that they were freemen of Queen- he aware of the criminal light in which that borough, and all of them liad employments act was viewed, that he caused the trial of under the Board of Ordnance. He said that Nunducomar to be printed, for his own he himself was first-mate of a vessel; that. justification. the Captain having died, he applied to the Sir Elijah had endeavoured to thew, that Board of Ordnance for an appointment to suc. the execution of Nunducomar was the act of ceed him ; but he was info: fed that the place the whole Supreme Court.

But this was no had been already bestowed upon another per ground of defence ; for, if the act was crifon : at this he expressed his surprize, and mina!, it only proved that the Chief Justice observed to the Secretary of the Ordnance had accomplices in his guilt; and the Com. that this was the more singulir, as he (the mittee might, without any violation of justice, witness) had voted for him. To this the other single out the ringleader as the fittelt to be replied, that it was true the witness had voted made an example of, and more particularly as for him, but that it was also true that he had that ringleader was now upon the spot. voted against the other candidate who had been Sir Gilbert then went into the case of Nun. recommended by the Board of Ordnance.

He showed upon what account This, the witness raid, was the reason af. Mr. Hiftings had become the sworn enemy signed to bim for the appointment of a person of that unfortunate Hindoo, who had charged 0.er his head to command the vessel, on the Governor-General with corrupt practices ; board of which he had heen, before the Cap- . and to that enmiiy he ascribed the trial and tain's death, the second in command; so that death of Ninducomar, he lon bis promotion, because he had vsed Sir Gilbert next took notice of the dehis franchise, as an elector, in the manner fence set up to prove the trial to have been that his judgment had pointed on to him as legal; and in opportion to that defence he the most proper. The witness was ordered maintained that the trial was illegal ; first, w withdraw, and the chairman was directed because the Supreme Court had no criminal to report progress, and ask leave to fit again. jurisdiction over the natives of Bengal; and

The Houle resolved itself into a Commit. secondly, granting that it had, because the tee on an enquiry into the conduct of Sir Act of Parliament, by which the benefit of Elijah Impey, Sir Godfrey Webster in the clergy is taken away from the crime of for, shair, to consider of the firit article of the gery, did not extend to Calcutta. On the

former

ducomar.

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