as any man on fuch a subject; and therefore he would not defire that any parts of fuch a correfpondence fhould be read, that really were of a private nature, and did not in any degree relate to the fubject of the charge: but then he thought it would be proper that fome perfon fhould be appointed by their Lordships to perufe the letter, and fee that nothing in it, which really related to public bufinefs, was kept back under the pretence of its being of a private nature. It seemed to be allowed on all hands, that the delicacy of withholding what was really of a private nature in the letter was well founded. Mr. Adam was willing to adopt this idea of delicacy, but the prisoner might confider the adoption of it rather as an INDULGENCE than a RIGHT; for it appeared from the prifoner's covenants with the Company (which Mr. Adam read), that he was bound to deliver up to the Company all diaries, memorandums, minutes, &c. relating to the Company's affairs, though they should be mixed with his own moft private concerns, or thofe of others. And when he considered the nature of other prefents, upon which the witnefs had not yet been examined, he did not think that the fame delicacy ought to be obferved with respect to them, which the Managers were willing to obferve this day with respect to the letter in question. The letter was not called for. Mr. Law obferved to the Court, that one of his client's witneffes, Mr. Graham, was in fo bad a state of health, that it was feared. he could not live many days; certainly he could not live to the time when his client would wish to produce him: he therefore wifhed their Lordships would fuffer him to be examined at home. He had fubmitted the circumstance to the confideration of the Managers, and they had given their confent to the measure. If, therefore, their Lordships fhould agree to this measure, interrogatories fhould be drawn up, and fent to the Managers, that they might make out crofs-interrogatorics upon them. The Counfel for Mr. Haftings would readily confent to a fimilar measure, if the Managers fhould have occafion to propose it.—Mr. Sheridan faid, the Managers had no objection to the propofal of the learned gentleman; but it was not on the ground of RECIPROCITY that they affented to it. It was certainly a new mode of proceeding in a criminal caufe, to which nothing analogous could be found in the Courts below: that, however, was for the confideration of their Lordships; the Managers, for their part, did not object to it. The Lord Chancellor faid, it certainly was a new proceeding, and he did not yet know what to fay to it. He would confider of it, however; and their Lordhips would, in deliberating upon it, not forget that the confent of both parties was the bafis of the application. When the bufinefs had got thus far, their Lordships adjourned. TWENTY-SECOND DAY. THURSDAY, MAY 1. The Lord Chancellor informed the Coun fel for Mr. Haftings, that it would require fome time for their Lordships to confider of the request made yesterday, "That leave might be given to the defendant, to take the evidence of Mr. Graham at his own house;" for it did not as yet appear clear to their Lordships, that the Court had power to grant fuch a request. When they should have further confidered the subject, they would direct him, he said, to communicate their determi nation to the Counsel and to the Managers." After this, Major Scott was called in and examined relative to the dispatches fent by him over-land to Mr. Haftings, and the expence attending them. He faid, that from the year 1782 to 1785, he had sent several difpatches over-land to the then GovernorGeneral (Mr. Hastings); that the expences attending the tranfmiffion of them amounted to about 6oool. fterling; and that they were defrayed by Mr. Haftings. This circumftance, the only material one, being ascertained, Mr. Sheridan rose to say, "That having various public letters from Mr. Haftings to adduce in evidence, he would not, if their Lordships approved of it, keep them longer, than by barely reading the heads of them." To this it was replied by the Chancellor, "That if they were to be brought as evidence, the WHOLE must be read." The Clerk, therefore, again mounted the roftrum, and a courfe of "Indian Read> ingst commenced, for the space of two hours, to prove that Mr. Hastings had kept back from the Council at Calcutta the circumftances that had come to his knowledge of the difaffection and treafonable proceed. ings of the Begums; that, from the 19th of November, when he concluded the treaty of Chunar, by which thefe Princeffes were to be difpoffeffed of their landed estates, and for which measure their difaffection was ftated as the ground, down to the 20th of January following, he never made the Council at Calcutta acquainted with the treaty, or the grounds on which it had been concluded. Mr. Middleton was afterwards called in and examined. He faid, that he was at Chunar when Mr. Haftings and the Nabob in perfon concluded the treaty, which takes its name from that place that, on the day on which it was executed, he was in the apartment of Mr. Haftings, together with the Nabob and his two Minifters, and fome other natives: that whilft Mr. Haftings was at one end of the room, with thofe natives, The (the witness) was converfing with the Nabob and his Minifters at the other end: that his Highness was very unwilling to fet his feal to the treaty, and thereby execute it: that he feemed to think he had made too great conceffions in it to Mr. Haftings, and given him too great an authority in his country: that his unwillingness to execute it was at Jaft removed by the witnefs, who faid he thought the treaty would be very advantageous to both parties, without being attended with the leaft inconvenience to either: that the great object of it being to fecure to the Company the payment of the debt due by his Highnefs to the Company, he affured the Nabob that the Governor-General would not infift rigidly upon the performance of any part of the treaty that was not effentially neceffary to that purpose; and that as Mr. Haftings had made very great conceffions to the Nabob, in agreeing that the British and native troops of the Company, then in the pay of his Highnefs, fhould be withdrawn, and many establishments made for the provision of English gentlemen, at the expence of the Nabob, fhould be fuppreffed, it would be abfolutely neceffaty that Mr. Haftings fhould have something to fhew in return for the facrifices made by him in the treaty that under the affurances of the witness, that the whole of the treaty was not to be enforced, and in confequence of the other arguments ufed by him, the Nabob at Jaft confented to execute the treaty. Mr. Middleton was afked, if it was not at that time that the prefent of 100,000l. was given to Mr. Haftings? He faid, he did not know, as he had learnt nothing of it till after his arrival in England. He was next afked, whether, if he had known that the prefent of 100,oocl. was made at that time, he could not readily have accounted for the conceflions made by Mr. Haftings to the Nabob? He obferved, that this was a mere matter of OPINION, and therefore he hoped their Lordships would not infift upon his giving an answer to this question. The Court did not difappoint the hope of the witness on the occafion. He was afked, if all Mr. Haflings's PRIVATE letters to him after the treaty of Chunar were recorded by him? He answered, that all the private letters written by Mr. Haftings to him were upon record. He was defired to point out ons. He faid, he had read fome this morning in print; but letters in print were not admitted to be of record. He was asked, if the PRIVATE letters of Mr. Hattings to him after the treaty of Chunar did not relate to public business? He faid, that many private letters to him from Mr. Haftings were intermixed with public and private affairs; but that he believed all thofe that were written after the treaty of Chunar related to public affairs. He was afked, if it was not usual with the Refidents at Lucknow and elfewhere to copy all letters into their official books that related to public affairs, together with their anfwers to them? He admitted, that fuch was the practice of office. He then was afked, if he had preferved in his office recorded official copies of thefe letters and anfwers? He anfwered, that he had not. He obferved, that after Mr. Haftings had brought a charge against him at Calcutta, he (Mr. Haftings) publifhed thofe letters, and that was what he meant by saying they were recorded; but in point of fact, they did not appear in the Company's records. He was next afked, if he had not correfponded with Sir Elijah Impey on the fubject of the treaty of Chunar? He anfwered in the affirmative. He was afked, if the correfpondence was not of a public nature, and which concerned the Company? He faid, yes. He was then asked, if he had copied the letters of that correspondence into his official book, and fo recorded them, as was the practice and duty of Refidents? He replied, that he had not. He faid, that Sir Elijah Impey had fince delivered them to the Houfe of Coramons. The Managers afked, if the witnefs had not heard, before the conclufion of the treaty of Chunar, all the circumítances relative to the difaffection of the Begums, and the affiftance faid to have been given by them to the Rajah Cheyt Sing. He faid, he had heard, from common report, that the Begums were difaffected, and had actually raised 1000 men to support Cheyt Sing; and that the adopted fon of Bahar Ally Khan (one of the Begums Miniers) who was Governor of the principal town in the diftrict of the Begums jaghires, had behaved in a hoftile manner to the English, which, in the opinion of the witnefs, he would not have prefumed to have done, if he had not been fure of countenance and fupport from the Minifters of the Begums, and from the Begums themselves. Whatever the witnefs had heard from common report, he had flated to Mr. Haftings. He was afked, whether coinmon report did not charge the Nabob himself with acting in concert with the Begums, in their hoftile difpofitions against the English? He an fwercd fwered, that common report did not go that length; but Col. Hannay, in a letter to the witnefs, did not hesitate to fay it was fo underflood at Fyzabad (the refidence of the Begums). He was afked, if he had not made an affidavit before Sir Elijah Impey of all he knew relative to the Begums? He faid he had. He was afked, if he did not know, at the time, that Capt. Gordon had been releafed by the Begum, and fent under a protecting guard to Col. Hannay, and that both Col. Hannay and Capt. Gordon had written letters of thanks to her for her kind treatment of the latter? He anfwered in the affirmative. The Managers then afked, what was the reafon that, when he made the affidavit before Sir Elijah Impey, his memory enabled him to state every thing he had heard against the Begums, but did not fuggest to him this fact in favour of them, and which he had from better authority than common report, namely, the letters of Col. Hannay and Capt. Gordon? His reply was, that he did not think the Begums deferved any thanks for the releafe of the latter gentleman, as Col. Hannay had informed him that he was obliged to temporize with them, on account of the fituation of Capt. Gordon, whofe Efe he thought in danger at the time: that this was the reafon for writing in the manner he had done to one of the Begums; and that, after the relcafe of that gentleman, it was thought expedient to keep up the fame appearance of confidence in her, and therefore it was that the letters of thanks had been fent to her. He was afked, if a Mr. Scott had not a great manufacture at that time in the very town of which the adopted fon of Bahar Ally Khan was Governor ? whether that gentleman had ever been in any danger of his life from the difaffection of the Governor, or ever experienced a want of refpect from him, or of protection to his manufacture? and whether it was not at the houfe of this Mr. Scott that Capt. Gordon was lodged, while he was in that town of which the Governor was reprefented as acting hoftilely against the English, with the encouragement or connivance of his miftrcffes the Begums? He replied, that Mr. Scott certainly had a very great manufacture in that town; that he was never molested by the Governor, or in danger of lofing either his lite or property; and that his houfe afforded an afylum to Capt. Gordon. He was afterwards afted, if this fame difaffected Governor, ading, as it was faid. under the influence of his miftreffes the Begums, had not been actually delivered up by thofe Princeffcs to Mr. Middleton ? His answer was, that the Governor had been delivered to the Nabob, who had put him into the hands of the witness. He was afked, if this man had not been discharged from cuftody without having received any punishment, though he was charged with treason against the state? Mr. Middleton replied, that he himself had had leave of abfence from Lucknow for a month; and Mr. Johnfon, his principal affiftant, was left to do the duties of Refident in his abfence: he understood that, in the mean time, the prifqner had been difcharged from his confinement, and he had not heard of any enquiry into his conduct. He was asked, finally, whether Capt. Gordon had not claimed reparation for loffes fuftained by him in the Begums' country to the amount of 3000l. and whether his claim had not been allowed? The witnefs answered in the affirmative, and was then directed to withdraw. It was then fix o'clock, and their Lordfhips thought proper to rife and adjourn the Court to the Tuesday following. TWENTY-THIRD DAY. This day a great deal of written evidence was given in, and read, relative to the Begums; after this, Sir ELIJAH IMPEY was called to the bar, and underwent a long examination relative to the affidavits fworn before him, on the subject of the difaffection of the Begums, and the rebellion in Be nares. His answers in fubftance were, that his leaving Calcutta had not for its object the taking of thofe affidavits; on the contrary, when he fet out on his journey, his fole intention was to vifit the country Courts of Juftice. Whilft he was on his way, he received a fhort note from Mr. Haftings, in which he informed him, "that an unexpe&eɖ revolution had happened at Benares; but that he was in fuch confufion about it, that he could not himfelf write him any of the particulars of the revolution, for which he referred him to a long letter from Mr. Sullivan (the private Secretary to Mr. Haftings). This long letter was delivered to the witness at the fame time with Mr. Haftings's note: the Governor-General, in his note, preffed him much to join him at Benares. The witnefs haftened to Patna, where the Englith were in the greatest confternation at the news of the rebellion, and were ready to quit the town. The witness thought it his duty to put on a good countenance; and for the purpofe of preventing the alarm from fpreading, to ftay longer at Patna than was perhaps confiftent with his personal safety : when he at laft left Patna, he repaired to Mr. Haflings at Benares. He notorious in that country, as the one of 1745 in this-a doubt of it did not exist :That the part of the country which he wert over, was as peaceable as the road to Bren.ford :-That the common poft road went through Fyzabad; but the route he took was round-about- but which he chofe, for the purpose of feeing a part of the country, he should never again have an opportunity of viewing:-That his retinue was but fmall-a furgeon, and three or four fervants or Hircars:-That the fituation of Mr. Haftings at Lucknow, was peculiar-almost without a fecond :-That he confidered it his duty to offer him every affiftance in his power. Here Mr. Burke broke out into an elo quent lamentation. He was asked if, when he took the affidavits refpecting the Begums, he conceived himself to be legally empowered to administer an oath? He answered, that he certainly was beyond the bounds of his jurifdiction, when he administered the oaths in queftion, and was not of course, speaking strictly, legally empowered to adminifter them; but he was of opinion, that the high office he held in India imposed on him as a duty that he fhould be ready at all times to ferve his country; and he believed, that a more favourable opportunity of fo doing had not occurred than that in which he had been invited by Mr. Haftings to co-operate with him in any measure that might tend to fecure the then tottering intereft of the British Government of India. In taking the affidavits which were made to establish the guilt of the par- "O miferable ftate, cried he, of the Eaft ties at that time in rebellion, he admitted "India Company! O abandoned fortune of that he had acted without judicial powers; "Mr. Haftings! O fallen lot of England! but he could, if the Houfe pressed him so to "when no affiftance could be found, do, quote the highest authority in this king-“but what was to be given by Sir Elijah dom to prove, that he (the great and noble magistrate alluded to, who was fuppofed to be Lord Mansfield) had adminiftered oaths on fome great occafions, where he had no local jurifdiction. The witnefs faid, that the only object he had in view at the time, was to atteft that the affidavits had been actually sworn; that the deponents had been afked at the time, whether the contents of these affidavits were true, and that they had answered in the affirmative; but as to the truth or falsehood of them, the witness never was able to affert any thing of his own knowledge. In this part of the bufinefs, it was conceived by Sir Elijah, that fomewhat had gone, by infinuation, against his teftimony. His obfervation on it was in the following fpirited and manly form : "My Lords, I trust it is understood, that "I ftand here a voluntary witness. In my "teftimony, I am upon oath; I fpeak to "the best of my recollection; and I have 66 a character to fupport.-That character, "the Honourable Managers fhall not take away, even by infinuation; and I truft, "when I ufe this language, your Lordships "will support me.-I might hesitate to an"fwer ;-but fuch hesitation I difdain: I "will fpeak freely and fairly; but I will not "have words PUT into my mouth, which I “have not uttered.-No man fhall infinuate "that I am guilty of fpeaking falfely, till "he can prove that I do fo!" The Lords, as by one action, univerfally nodded approbation. The enquiry went on. Sir Elijah then depofed, that the rebellion of the Begums, though then quieted, was as Vol. XIV. Impey !-a man who was to act extra "judicially, and in a district where even his "judicial capacity had no force." Being afked, if he had ever had any reafon fince for believing that the rebellion of the Begums had not taken place? he anfwered yes; he had heard that the Hon. the House of Commons had pronounced the report of the rebellion of the Begums to be ill-founded, and he prefumed that the Hon. House had had more information on the subject than he had. He was asked, he figned the affidavits only as a witness that they had been fworn, might not the attestation of the English Resident have been as effectual for that purpose ?--He answered, that he thought it would not; becaufe the Refident was generally understood to be the confidential friend of Mr. Haftings, and therefore his agency would have been fufpected. He was afked, if he was fure that Mr. Haftings had published all the affidavits that the witnefs had taken ?-He replied, that he could not tell; but he had such a reliance on the veracity and honour of Mr. Haftings, that he prefumed he had published them all. He was next afked, if the character of Mr. Hastings stood fo high for veracity and honour, whether the attestation of fuch a man would not have ftamped fufficient authenticity on the affidavits, and rendered it unneceffary, that the Chief Justice fhould be called upon to administer oaths out of his own jurisdiction?—He replied, that he thought the attestation of a person not connected with the executive government, would have most weight. He was afked, if he had not taken the affidavits relative to the rebellion of the Begums, for the Kkk purpose purpose of juftifying Mr. Haftings for plundering thefe Princeffes, and preventing any future enquiry into his conduct on that head? He answered in the negative; for though he confidered the revolution of Benares to have been of so important a nature, that he thought at the time it would lead to an enquiry into the conduct of the GovernorGeneral, yet the public notoriety of the dif affection of the Begums did not leave him room to think, even for a moment, that the punishment inflicted on thefe Princeffes for their rebellion could ever be made a fubject of public enquiry.-He was asked, if he himself had not, by the direction of Mr. Haftings, defired Mr. Middleton to contrive, if poffible, to bring the Nabob to make a requifition that he might be permitted to feize the jaghires of his mother and grandmother? On this point the witness could not speak with great certainty; but he was inclined to answer it rather in the negative than in the affirmative. Mr. Sheridan then read a passage from the fecond defence of Mr. Hastings, in which the latter gentleman faid, that Sir Elijah Impey had been directed to make fuch a communication to Mr. Middleton. Mr. Sheridan then asked, if the witnefs difbelieved that affertion? He replied, that probably what Mr. Haftings had written was true, but that he did not recollect that the fact was as it was ftated there. Mr. Sheridan then faid, that he must conclude the witness contradicted the affertion made by Mr. Haftings. Sir Ilijah obferved, that he gave his evidence without confidering how it would bear on either the charge or the defence; and that it would be for the Court to apply it.-Mr. Sheridan faid, that he would prove hereafter, to the entire fatisfaction of their Lordthips, that the Nabob had been urged and preffed on the part of Mr. Haftings to make a requifition for leave to refume the Begums jaghires; that he at length did make the defired requifition in form, and that Mr. Haftings had acted as if fuch requifition had been made freely and voluntarily by the Nabob. At the conclufion of his evidence, Sir Elijah Impey used the following words: "It has been objected to me as a crime, *my Lords, that I stepped out of my official line, in the bufinefs of the affidavits; that I acted as the Secretary of Mr. Haftings. "I did do fo. But I truft it is not in one "folitary inftance that I have done more than "mere duty might require. The records of "the Eaft India Company; the minutes of "the House of Commons; the recollection "of various inhabitants of India-all, all, "I truft, will prove that I never have been wanting to what I held was the fervice of " my country. I have ftaid, when perfon "fafety might have whispered, "there is no "occafion for your delay!" I have gone "forth-when individual eafe might have "faid-"Stay at home!" I have advised, "when I might coldly have denied my ad"vice. But, I thank God, recollection does "not raise a blush at the part I took; and "what I then did, I am not now ashamed to " mention!" At half past five the Managers feemed to think they had heard enough from Si Elijah. Various Lords put different questions: Lords Suffolk, Carlisle, Stanhope, Walsingham, Kinnaird, and Portchefter, the latter of whom used a word from the witness, viz. fegregate. The Court was very numerously an tended. TWENTY-FOURTH DAY. This day a great deal of written evidence was produced to fhew what exceffes had been committed by the English stationed in Oude, upon the inhabitants of that country: one paper stated, that one morning an Englifh officer had caufed the heads of eighteen natives to be struck off. A letter was next read to difprove the afsertion made by Mr. Haftings in his defence, that he had left the territory of Oude in a flourishing condition. This letter was from Lord Cornwallis-It stated, that off his vifit to Lucknow he was received by the Vizier with every mark of respect and attention; but that he was shocked at the deplorable appearance of the country and the people : that he exhorted the Nabob in the most urgent manner to adopt a fyftem of œconomy in the expenditure of the revenue, and to lay down fixed principles of government for the happiness and advantage of his fubje&ts. That the Vizier replied, he had no interest in establishing a system of economy, while the influence of the English Government ruled every thing about his Court and in his dominions; and that for him to attempt a new system of government, under fuch circumitances, would be abfurd, as his autho rity was laughed at and despised by his fubjets, who looked upon him as a cypher; but that if the English were to fuffet him to be the mafter of his dominions, he would become truly ceconomical, and lay down plans for the improvement of the commerce and encouragement of the agriculture of his people. Another letter from Lord Cornwallis stated, that his Lordship had feen fome of the cavalry, and other parts of the army of Oude, |