opinion, that the noble Lord has, both with refpect to Sir John and his widow, left certain things undone, which, FORO CONSCIENTIAE, Should have been done.His Lordship could not but know that the prefents he made to the author three times a year (which were the periods of the publication of the work) for three terature or science; of which, in truth, he might have been ftyled the Proteus. To an amazing verfatility of talents he added an amazing fund of industry. Fond as he was of pleasure, never was he known to fuffer business to ftand ftill; and though in the evening the vortex of DISSIPATION might have its charms to him, yet, in the morning, the terene enjoy-books-one for his Majefty, the fecond ments of STUDY were his conftant delight. That he was an expenfive man, we cannot deny; that he died deeply in debt, his creditors know to their coft; but forry are we that to this difgraceful circumftance the noble Lord, to whom Lady Hill addrefies her pamphlet, fhould appear to be in any degree an acceffary, efpecially after the numberless accounts we have heretofore had of his Lordship's uncommon munificence to Sir John, and predilection for his proficiency in the fcience to which he is himself moft attached the fcience of Botany. It diftreffes us to hear that from caufes like thefe, or indeed that from any caufe, Lady Hill (who is the fifter of Lord Ranelagh) is at prefent in a state of much pecuniary cmbarraffinent; but it perfectly fhocks us to find Lord Bute loudly and unequivocally charged with having occasioned the RUIN of Sir John by drawing him out of the pleafant" what was more, the " "profable employments in which he had before been engaged, and inftigating him to undertake an immenfe and unprofitable task-the task of writing a "VE. GETABLE SYSTEM," confifting of no lefs than TWENTY-SIX VOLUMES IN FOLIO! If we may rely on the affertions of Lady Hill (and really there feems no reafon to fufpect her veracity), Lord Bute always declared, that "as the expence of this prodigious work had been CONSI DERED, Sir John might reft affured, his CIRCUMSTANCES thould not be injured by the undertaking;" yet her Ladyship, we find, fcruples not, at this moment, to declare, that the execution of the work was the actual DESTRUCTION of her husband. Ruinous as it might prove to him ultimately, it appears, that in confequence of repeated infiances, and much preffing, Sir John, after the publication of the wenty-fix volumes, was tempted by his Lordship to prepare materials for a twenty-feventh, which, however, he lived not to finish!—Hine ille lachryme! Though we believe not all we hear, and are inclined to dibelieve much of what we read, we are yet ftrongly of for the late Princess of Wales, and the third for himfelf-were but (if we may be allowed the expreffion) as the "pouring of a drop of water into a bucket!" nor was he to be told, that, even from the general fale, there could be no pecuniary returns-no immediate ones at leaft, ade. quate to defray the expences of a work fo uncommonly magnificent and extenfive. Be this as it may, we are far from being pleafed with his Lordship's_subsequent conduct to the widow. In this conduct, as described by herself, there feems to have been no fmall fhare of that kind of courtly duplicity, to which we flattered ourselves his Lordship had bidden adieu when he bade adieu to Courts.After having "promised his ENDEAVOUR" to obtain a pention for the lady, he foon turned his back upon her, grew deaf to the voice of complaints and foli citation, and even-proh pudor!—-refused to indemnity her for the expences which had neceffarily been incurred by the accumulation of materials for the intended additional volume, above-mentioned, of the "Vegetable Syftem." Rendered defperate by fuch treatment, Lady Hill, in order to compel the Earl to the fulfilment of his honorary engagements with Sir John, threatened him with LAW.-But, alas! LAW has, in general, very little to do with engagements of honour, whatever EQUITY may have; and as it is true to a very proverb, “That might generally overcomes right," fo we are of opinion, that her Ladyship, after having thus powerfully excited the commiferation of the Public, will find the Public to be her best friend at last. Upon the whole, it truly concerns us to fee the character of the noble Earl, even as a Man, thus openly fubjected to animad. verfion. Amidit all his failures as a POLITICIAN, and a STATESMAN, we still refpecied him as a liber al patron of literature and icience; but now, till we fee a fatisfactory answer to the charges at prefent brought against him, we cannot help entertaining fufpicions, that even in this refpe&t his conduct is not free from blemish. *The employments to which her ladyship alludes were the study of botany, and the compofition of his celebrated advertifed medicines; which, from the uncommon rapidity and extent of their fale, were certainly for many years a fource of valt emolument to Sir John.But as the old adage expreffes it" lightly come, lightly go." VOL. XIII. Iii ACCOUNT of the TRIAL of WARREN HASTINGS, Efq. (late GOVERNORGENERAL of BENGAL), before the HIGH COURT of PARLIAMENT, for HIGH CRIMES and MISDEMEANORS. (Continued from page 352 ). TWENTIETH DAY. MUCH written evidence was received by their Lordships, and fome oral evidence was given by Mr. Middleton, to whom many queftions were put about the effect of a British Refident's fignature to a treaty between two native Princes, or powers, in India. He faid, that if the Refident figned a treaty, in confequence of power given to him by che Supreme Council fo to do, his fignature would amount to a guarantee, and bind the Company; but if he figned it merely in a private capacity, then his fignature would NOT bind the Company to guarantee it. He was asked, if it was ufual for him to produce his powers, whenever he figned a treaty, fo that the parties who required his fignature might know whether he figned in his public or his private capacity? He replied, that it would be ufelefs for him to produce his powers, because the natives could not understand them; but he prefumed that he generally stated to the parties concerned what were his powers. He faid, that when he put his name to the treaty between the Nabob Vizier and his mother, he bound the Company, because he had sufficient powers to treat with her and for her; but he did not think that when he figned the treaty relative to the elder Begum, he in any degree bound the Company, becaufe he did not conceive that he had any powers relative to the elder Begum fo to do. He was afked, if the Princeffes were aware of the distinction between his public and private capacity, at the, time he put his name to their treaties ? He faid he could not tell.-He was asked, whether, when they required his fignature, for the purpose of binding the Company by it, they would have fought it at all, if they were told it would not, without a specific power for that purpofe, actually bind the Company? He replied, he could not tell.-He was afked, if he had ever told the elder Begum, that he had no power to pledge the Company, by his fignature, to guarantee the treaty to which he fet his name? He re plied, that he believed he had not.-He was afked, if he had wrote to the Governor and Council, that he would not proceed further in the treaty between the Nabob and the Begurns, without having firft applied to the Board for advice? He answered in the affirmative. He was afked, whether he had not figned that treaty without asking the advice of the Council, notwithstanding his affurances to the contrary? This question he answered alfo in the affirmative.—The Managers then asked, if he had been reprimanded by the Board for this breach of promife? He faid he had not.-He was asked, if he knew any instance of a native Prince doubting that the Refident's fignature to a treaty was not equivalent to a guarantee on the part of the Company? He said he did; for the younger Begum had fent to Calcutta to have her treaty figned by Mr. Haftings, after it had been figned by the witnefs, then Refident at Lucknow.-He was asked, if the elder Begum had ever taken fuch a step, O ever exprefied the leaft doubt of the Refident's fignature being equal to a guarantee. of the Company? He replied, that certainly she had never taken any fuch flep, or done any thing that indicated a doubt of the Company's being bound by the signature of the Refident.-Mr. Sheridan afkcd, if he had always been of opinion, that a Refident's fignature amounted to a guarantee only when he had specific powers given to him for that purpofe? He faid, he believed he had.Here Mr. Sheridan thought it necessary to refresh his memory, by asking him, if he had ever declared any where, that the bare ATTESTATION of Sir Robert Barker to a treaty between two native Princes, had been deemed and received as equivalent to the Company's guarantee? He answered in the affirmative. His reafon for entertaining the opinion contained in that declaration was, that Sir Robert Barker was in a very high ftation, being Commander in Chief.— Mr. Sheridan afked him, if he had always been of opinion, that Princes requiring the fignature of a British Refident to a treaty to which the English could not be parties, unlefs they were to be confidered as guarantees, might call upon fuch Refident to produce the powers under which he acted, that it might be known whether he figned with or without authority, and, confequently, whether the Company were or were not to be made guarantees by his figning? He replied, that he ufually mentioned that he had powers (when it happened to be the cafe) to bind his principals by his fignature.-A letter was then produced, written by himself, which strongly expressed his refentment that Fyzoola Khan, the Rohilla Chief, fhould have questioned his power to bind the Company by his fignature to a treaty between the Vizier and Fyzoolą Khung Khan.He acknowledged that the letter had been written by him. Mr. Sheridan feveral times commented upon the answers given by the witness. This made Mr. Law, one of the Counsel for Mr. Haftings, request, that the Honourable Manager would not make his comments whilft the witnefs was prefent-for they would make a confufed perfon ftill more confused, and fhake the confidence of the most confident: and therefore he begged that, even for the fake of humanity, he would wait till the witnefs fhould have withdrawn, before he would make any more comments. Mr. Sheridan faid, the Managers were very far from being deficient in humanity; if they had, the manner in which the witnefs gave his evidence, would have made them complain of it to the Houfe, and he made no doubt, but, if they had fo complained, their Lordships would readily have taken the conduct of the witnefs into confideration. Mr. Sheridan then examined Mr. Middleton relative to the condition of the Nabob's finances, and the prefent of ten lacks, or 100,000l. made by that Prince to Mr. Haftings. The witnefs faid, that previous to the interview between the Nabob and Mr. Haftings, at Chunar, the former was fo low in point of finances, that he had never known him poorer the witnefs negociated a loan of ten lacks for him, on his own (Mr. Middleton's) credit, when the Nabob's credit was not fufficient to raise such a fum among the bankers. The affignments which the Refident had upon the revenue of Oude, and the claims which he was urging in behalf of the Company, and for which he was preffing the Nabob to grant him more affignments, would cover the whole revenue of the country, and would not leave free even the annual allowance for the support of the Nabob's Houfehold.-The Prince wanted to get rid of many expensive establishments, that lay very heavy upon his treasury. Thefe eftablishments were formed chiefly of English, and Mr. Hastings had confented to the fuppreffion of the establishments, and to the difmiffion of the English gentlemen; but the Nabob had not money to pay them what was due to them, or credit to raife it. This was the time when Mr. Middleton borrowed the ten lacks upon his own credit, and the money fo borrowed was for the purpose of paying the English gentlemen, and fo eafing the Nabob's revenue of many heavy eftablishments. It was about this time that the Nabob and Mr. Haftings met at Chunar: Mr. Middleton was there alfo, and employed ccafionally by Mr. Haftings in treating with the Nabob. It was at this period, when the Prince was fo very diftreffed, that he made Mr. Haftings a prefent of ten lacks, or 100,000l. fterling. The witness did not hear of that prefent at Chunar, where it was made, or even in India, nor until he arrived in England. He was afked by Mr. Sheridan, whether it would have been poffible that the receipt of fuch a prefent could have been concealed from him, who was negociating between the two parties, if much management had not been used for the purpose of keeping it froin his knowledge? He replied, that certainly it must have reached his ears, if great care had not been taken to prevent it. The prefent, he was fure, was not made in MONEY, because fuch a fum could not be conveyed to Chunar without his knowledge. It appeared from Mr. Haftings's own account of the prefent, that it was made in bills upon bankers; fo that the Nabob, who had not credit enough to raise 100,000l. in the capital of his dominions, for the purpose of relieving his revenue from burdenfome eftablishments that impoverished him, was able, his diftreffes apparently continuing the fame, to raife that fum at Chunar for the purpofe of prefenting it to Mr. Haflings for his own private ufe. The Counsel for Mr. Haftings not denying the receipt of the present, wished to fhew that Mr. Haftings was so pressed for money for the public fervice, the Company's troops mutinying for want of pay, that he was warranted by the most preffing neceffity to receive a fum of money which might be the abfolute falvation of the Company, to whofe ufe he applied the prefent that was given.-The witnefs faid, he had heard of mutinies among the troops, and their deferting their officers, because they were not paid; and he instanced particularly Capt. Williams, who had been fo deferted: but he could not tell whether many months arrears were due to the troops at that time, at Chunar, with Mr. Haftings: it was ufual to keep all the fepoys fome time in arrear. On the other hand, it was proved by an official letter, that if the Nabob could raise money to pay the arrears of troops, and prevent mutiny, he could employ it at home, without making prefents; for it appeared, that the Prince's own cavalry rofe upon him, and attempted to ftorm his palace, becaufe their pay was eighteen months in arrears. Mr. Sheridan afked the witnefs, if he had never heard of an offer made to Mr. Haftings of a fecond prefent, of the fame amount as the former? He begged he might be permitted to decline answering that queftion; for he faid, that as he had been accused of having offered Mr. Haftings a bribe of 100,000l, in the name of the Nabob, he would not Iii 2 wish to say any thing that might criminate himself. Mr. Sheridan obferved, that as he was not charged with having actually given, but with having OFFERED a prefent, he would not criminate himself by his answer to the question. The witnefs ftill declined giving an answer; and the Managers ceafed to prefs him, particularly as the Lord Chancellor obferved, that if it was criminal in Mr. Hastings to receive the prefent, it would be criminal in the witness to offer it. Mr. Middleton was alfo examined with refpect to a private letter from him to the Governor-General, in which he offered to write another letter, with different accounts of transactions, if the public letter which accompanied the private one should happen not to meet the Governor's approbation. The witnefs admitted that the letter had been written by him. The Court adjourned a quarter before fix o'clock. TWENTY-FIRST DAY. WEDNESDAY, APRIL 30. The business of this day was refumed by Mr. Sheridan. Several documents were read, relating chiefly to the prefent of 100,000l. made by the Vizier to Mr. Haftings, in the year 1781. Major Scott underwent a long examination. This witness was a complete contrast to another who has been repeatedly examined: the latter recollected few things; the former remembered every tranfaction, however minute, in which Mr. Haftings was any way concerned fince the time the witness was appointed his Agent. The examination this day turned chiefly upon the prefents which Mr. Haftings had received from the Nabob Vizier, Cheyt Sing, &c. The Major in his evidence ftated, that Mr. Haftings had tranfmitted to him a SEALED letter, directed to the Secret Committee of the East-India Company, which he immediately delivered to Sir Henry Fletcher, at that time the Chairman of the Company. This letter, of which a copy was fent either at that time or foon after, contained an account of the prefent from the Nabob. He was afked, if he had not received a general discretionary power from Mr. Haftings, to deliver, or to fupprefs, the letters committed to his care, according as he fhould find the ftate of parties in England? The tendency of this question was to thew, that, according to that discretionary power, Major Scott might have fuppreffed the letter to the Secret Committee, if from the complection of affairs he had judged it convenient fo to do, and with it, of courfe, the information that Mr. Hartings had rerived this prefent. But the Major faid, that though his power was generally discretionary, he did not conceive it to extend to the letter which was directed to the Secret Committes, for he believed himself to be peremp torily BOUND to deliver that letter. He was asked, if he did not learn from a letter directed to himself from Mr. Haftings, that a prefent of two lacks, mentioned by the Governor-General to have been received by him, was made by Cheyt Sing, though Mr. Haftings had not, in any of his dispatches to the Court of Directors, told the name of the perfon from whom he had received that prefent? The witness answered the question in the affirmative. He was asked, if Mr. Hastings did not intend at first to keep the receipt of the 100,000l. from the Nabob a fecret from the Company? He replied, that, in his opinion, he did not; for the expenditure of the fum, applied as it had been to the public use, must have appeared to the Company as exceeding by fo much the Company's revenue. Here a paffage from Mr. Haftings's letter from Cheltenham was read, which stated, that he intended to have kept the receipt of the money a fecret, and that if he had been inclined to convert it to his own ufe, he nighteafily have done fo, without any danger of detection. This Major Scott explained, by saying, that Mr. Haftings meant, that he intended to keep a fecret FROM WHOM the present had been received, contenting himself with carrying the amount of it to the Company's account. He was asked, what was Mr. Haftings's reafon for having fuffered many months to elapfe before he made any communication on the subject of those presents to the Court of Directors? The witnefs anfwered, that the Governor-General took the earliest opportunity to make that communication. Upon this Mr. Sheridan, who examined Major Scott, produced the India-Houfe accounts of the arrival of the Nymph floop of war and the Swallow packet, both from Bengal, by neither of which Mr. Haftings had fent any advice of the receipt of the prefent from the Nabob, though he had received it before the failing of either. Major Scott obferved upon this, that the Nymph had been fent from Madras to Bengal for a fupply of money; that when he was ordered back to Madras, fome difpatches for Europe were fent in her, and directed to Sir Edward Hughes, with a request that he would tranfmit them to England by the first veffel he should send home. The Admiral actually dispatched the Nymph to England; but when the left Bengal, on her return to Madras, it was very uncertain when the dispatches which the carried would be fent to Europe. The reafon why no ad vice vice refpecting the prefents was fent by the Swallow was, that the Governor-General and Council were preparing dispatches, which they faid they would fend by the next fhip that would fail after the departure of the Swallow. Major Scott was examined very minutely with refpect to the contents of the letter to himfelf from Mr. Haftings, accompanying the SEALED letter already mentioned, directed to the Secret Committee. His anfwers ftruck Mr. Sheridan, as differing from thofe given by the witness to the fame questions, when he was examined before the Select Committee of the Houfe of Commons; and he obferved, that if he was to believe the former, he could not believe a word of what the witness had faid this day on the fame fubject. Major Scott, upon this, wifhed that his evidence before the Commons might be read, when it would appear, he said, that he had been uniform and confiftent in all the evidence he had given on both occafions. He had nothing to conceal at either time; be meant to speak out; he did not want to fhelter himself under the pretence of a fhort memory, or the diftance of periods in which the tranfactions in queftion took place: if he had faid any thing that was not fairly ftated, he would be very glad of an opportunity of correcting it. The Earl of Fauconberg made fome remarks upon the harfhnefs of Mr. Sheridan's expreffions to the witnefs. The Lord Chancellor faid, that the Hon. Manager did not caft any reflection upon the perfonal honour of the witnefs; he only remarked fome contradiction in the evidence given by him on this and on another occafion, which, in the Hon. Manager's mind, fhewed that both accounts could not be true; fo that if he believed the one, he could not believe the other. The evidence given by the Major before the Select Committee was then read, and whatever apparent contradiction was found between it and his evidence of this day, the witnefs endeavoured to explain away, and feemingly not without fuccefs. The closest part of the examination was relative to the contents of the letter accompanying the SEALED one; but Major Scott faid, he had the letter by him. Mr. Sheridan thought the best and most legal way would be to call for the letter itfelf. The witnefs faid, he had but one objection to the production of it, and that was, that there were other matters in it which did not relate to the prefents. In his correfpondence with Mr. Haftings, he had given his opinions on men and measures pretty freely, and Mr. Haftings, in his replies, had been as free in his remarks: he left it, therefore, with their Lordships to determine whether private correfpondence, carried on in any fuch way, ought to be produced. Mr. Sheridan faid, he would be as delicate *The whole amount of these prefents, fo charged, was ftated by Major Scott to have been managed with perfect rectitude throughout: From the original receipt of the money, to its final appropriation, Mr. Haftings feemed to have no other purpose than CREDITING THE COMPANY. The amount of the whole was 19 lacks and 60,000 rupees. Of these, 20,ccol. fterling, being particularly circumftanced, had been particularly charged-and in a QUESTIONABLE SHAPE, fairly put before the Directors-they to determine, whether the money fhould go to the Company's Treasury, or be confidered as his own. The determination of the Directors was against Mr. Haftings having the money; and fo, the whole was carried to the Public Account. In the ceconomy and remittance of this money, there were fome intricacies, which Major Scott explained:-In a circuitous ufe of fome of the money, when expedient, as in the expedition of General Carnac :-In the delayed communication of another part, from the unexpected failing of the Swallow, on the orders of Mr. Wheeler and Sir J. Macpherson, when Mr. Haftings was at Lucknow :-in the impoffibility, at least in the inexpedience, of venturing any thing over-land to Madras, the intermediate country being then harraffed by the enemy:-And, finally, on one portion of the money having been remitted, with Come fmall informality, through Major Scott. This INFORMALITY being treated more gravely on one fide than on the other-Major Scott was afked, If his praife of Mr. Hatings could pretend to be fyftematic? If Mr. Haftings had not acted, now and then, in contradiction of thofe orders it was his bounden duty to obey? To this, the anfwer of Major Scott was as follows: "He thought, the PRIMARY DUTY of the Governor-General was the Preservation of "the Empire entrusted to his care. That he thought, fuch duty, at once judicial as well as minifterial, might lead to a Difobedience of any Orders given in initio.And that he "alfo thought, for fuck disobedience a Governor-General was RESPONSIBLE." |