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Oude, but that he had found them such as it jaghires ? He believed he might have con. would not be safe for a General to place versed with Sir Elijah on the subject. A much dependence upon ; and, indeed, from passage from one of his own letters was then all he had seen of the country, that it would read to him, in these words:~" Your pleabe impossible for the Company, in case of a “ sure I have learned from Sir Elijah 'Impey war, to draw any altistance from it.

“ relative to the Begums, and I shall take A letter from Mr. Kirkpatrick was read, eare to use every influence with the Nato contradict another affertion in the defence « bob to second your views.” He acknow. made by Mr. Hastings, namely, that the ledged that he had written the letter in which Princes of India had a high opinion of his that passage was to be found. The object good faith ; and that Madajee Scindia had of the Managers in examining the witness to writton a letter to our most Gracious Sove this point was, to thew that the plan for reign, in which he bestowed the highest seizing upon the treasures of the Begums, had praise on Mr. Hastings, and seemed to have originated with Mr. Hastings, and not with nothing more to ask, than that those who the Nabob. Tould succeed him in his government might The Managers then read a letter from the follow his example. Mr. Kirkpatrick's let Bow Begum, or princess mother, to Mr. ter, which was addressed to Lord Cornwal Bristow, stating the hardships of her situa. lis, assured that the natives had experienced tion, the calumnies of her enemies, and her so many breaches of faith on the part of the own innocence, and calling upon the Eng. English, that it would be a very difficult lith for that protection, which by treaty they matter to prevail upon them ever to place were bound to afford her. Other letters confidence in our promises or engagements;

were read, written by Lieutenant-Colonel and therefore, however sincere Government Hannay and Capt. Gordon, to the Begum, might be in their intention to be faithful to and her Ministers Babar and Jewar Ally their engagements, nothing but 'time and Khan, thanking them for their kind intersome more happy experience of a change in position, which had saved the life of Capt. our measures, could make the natives place Gordon. The Counsel for Mr. Hastings ob. any confidence in our assurances. This letter jected to the admission of these letters as of Mr. Kirkpatrick was the more remarkable, evidence, because printed copies of letters as it was written from the country of Ma were not evidence, whilst the originals could dajee Scindia, the Mahratta Prince, who, be obtained; but still less were they evi, according to the defence of Mr. Hastings, dence in the present case, as the writer, or had so great a reliance upon the faith of his supposed writer of some of them, was in government, that he wished all future Go-. London; and the Managers ought, in point vernors of Bengal might adhere as religiously' of candour, to call upon him to state wheto their engagements as Mr. Hastings had to ther these were copies of letters that had really his.

been written by him. The Managers having gone through this Mr. Sheridan said, it was impossible for written evidence, desired that

him to produce the writers of these letters, Mr. MIDDLETON

because one of them was the younger Be- ' should be called to the bar. This gentleman gum, who was in India, and could not be having made his appearance, underwent a brought to this country; another of them long examination on the subject of the sei. (Col. Hannay) was dead; and as for the zure of the Begum's jaghires, and their trea third, Capt. Gordon, he did not think pro. sure, &c. &c. He was asked how long the per to call him, though he should be on the rebellion of the Begums, such as he sup- spot; for notwithstanding the many exprerposed it to be, had lasted ? He said he be fions in his letters of gratitude to the Begum lieved the period of its duration might have and her Ministers, for the preservation of his been from the same period in the month of life, this gentleman had not thought proper August, at which Cheyt Sing broke out into to take the least notice of so remarkable a rebellion, to the latter end of September. circumstance in his deposition, or affidavit, This question was thought to be the more before Sir Elijah Impey. But it was not nematerial, as the Begums were not stripped cessary that he hould produce either the orie of their jaghires till the December following, ginals, or the writers of these letters; they near three months after the conclusion of the had been printed and annexed to one of the supposed rebellion, though that rebellion had charges against Mr. Hastings, to which fince been made the ground or cause for charge that gentleman had been admitted to which these jaghires were seized,

make a defence at the bar of the House of He was asked, if Sir Elijah Impey had® Commons; and in that defence he admitted communicated to him the pleasure of Mr. these very letters to be genuine, and the Hallings relative to the resumption of the printed copies toʻbe faithfui.

Kkkz

Mr.

Mr. Law said, that the Commons might others were added, which were loose, not prove that such had been annexed to the being fewed or bound up with the rest. One charge in the Commons, and that Mr. Hast. of the books appeared to be numbered or ings had argued upon them as if they were paged in his way: A subject was carried on genuine, but not admitting them to be fo ; and passed in regular order ; when that sub. and after the Managers should have proved ject was ended, another began again with this, he would contend that the evidence of No. 1, 2, 3, &c. so that page 1 occurred facts so proved was not admissible against the more than once in the same volume. Now defendant.

a great number of leaves were torn out, and Mr. Burke said, it was a hard thing for the next page to those that had been so torn the Commons to proceed under the various boré the No. 1, and thus went on regularly; disadvantages which naturally arose out of so that a whole history of any one transa&tion the delinquency of the prisoner at the bar. might have been thus destroyed. The leaves One of the charges against him was, that he so torn off had been bound up with the rest, had suppressed letters which he was bound and the threads of the binding from which in duty to have recorded, and which, if he they had been torn remained. had, would be evidence for their Lordships : Mr. Middleton was not able to account for but now that he had violated his duty, and this lacerated state of his books. fupprefled correspondence, his Counsel tri He was then asked, if the Nabob had been umphantly called out for the original letters : always inclined to take from his parents their this was making the prisoner avail himself of jaghires and estatcs ? He said, he believed his own wrong, contrary to all principles of he was ever inclined to do so, but had been justice.-The Managers proceeded to prove, withheld by his dread of the English, whose that these lctters had been printed and annexed faith was pledged to guarantee to the Bow to a charge in the House of Commons, to Begum, at least, those jaghires and trea. which Mr. Hastings had made a defence; fures. He was asked next, how he could, and a paisage from that defence was read, to in one of his letters to Mr. Hastings, itata, prove that he had admitred these letters to

that he had an almost unconquerable relufarie be genuine. They were accordingly read, to the measure? He did recolice that he had and taken down upon their Lordships mi made use of that expression. The expresnutes,

fion appeared in a letter of Mr. Hastings to After this, Mr. Law observed, that as it Mr. Middleton, in which the former adverts did not appear from any evidence given by to and repeats this expression, as taken from the Managers, that these letters had ever a preceding letter from Mr. Middleton to the reached the hands of Mr. Hastings, he hoped Governor-General. This letter of the wit. the Hon. Manager who had charged him with ness, to which Mr. Hastings referred, was having suppressed letters, would in candour not to be found, and was by the Managers and justice to the gentleman at the bar re said to be one of the many that had been fra et his affertion.

destroyed or suppressed. Another letter, Mr. Burkc, assuming all the dignity of from the Nabob, which Mr. Middleton said fituation belonging to a persoa acting for and he dispatched to Mr. Hastings, and which representing the Commons of England, re related to the resumption of the jaghires and pļied, “ My LORDS, THE COUNSEL DE treafures, was not to be found upon record, SERVES NO ANSWER."

but was also suppressed or lost, Mr. Sheridan proved, that some of the most Mr. Middleton was asked, whether Mr, material evidence relative to the Bcgums, had Hastings would not have caused the jaghires been actually suppressed; for he stated from to be seized, whether the Nabob had consent. written documents, the authenticity of which ed or not? He faid, he believed he would. had been previously established, that Goulars. He was asked, if he himself (the witncis) Roy (a man who had resided in Oude, and had not issued bis own orders, or perwannabs was best acquainted with all that belonged to for that purpose, without waiting for the conthe conduct of the Begums) had been ferat sent of the Nabob? He replied, that certo Benares to make his depofition; and that tainly he had signed and sealed some of these after he had made it, he was sent home :

perwannahs, and delivered them to the Mi. but, said Mr. Sheridan, not the least notice nister, but he did not believe they had been or account of this deposition of Gouļafs Roy dispatched by him before the Nabob figned was to be found in the collection of affidavits perwannahs for the same purpose. He was taken by Sir Elijah Impey:

asked, if the Nabob had not at the time deThe Managers then continued the exami- clared, that his fo figning was an act of comnation of Mr. Middleton. His books of pulfion? This Mr. Middleton admitted. forrespondence were produced ; and it ap- He was then called upon to say, how he peared, that many pages were torn out, and could affert that the Nabob had been always

înclined

inclined to resume the jaghires, and would deavouring to reconcile * what he had said, have done it if he had not been withheld by when the Lord Chancellor observed, that the the English guarantee ? The answer we discussion of this point might take up much were not well able to understand ; the witness time, and it was then near fix o'clock t. said something about the Nabob's wishing to The point was then dropped, and their rofume only some jaghires, but Mr. Hastings Lordthips adjourned. would have him resume all. He was asked, if the second article of the

TWENTY-FIFTH DAY. trcaty of Chunar did not leave the Nabob at

THURSDAY, May 8. liberty to resume such jaghires as he thould Mr. Middleton was called again to the think proper to resume? He said, it did. bar this day, and his examination and cross. He was asked then, if the meaning of that examination lasted till the rising of the article was, that the Nabob Mould resume Court, at half past five o'clock. It appcared, those that he did not think proper to resume? from one of his letters, that a man was kept He replied in the negative. Ile was desired in the Company's pay, at Fyzabad, for the then to reconcile, if he could, a treaty which purpose of forwarding such letters as might gave the Nabob leave to resume fucb as he be addressed to the Resident at Lucknow, should please, with an order that he should and of transmitting whatever intelligence resume such jaghires as he wished not to por- mould come to his knowledge, that was in sess himself; nay, that he should resume all. any degrce important. He was asked, what Mr. Middleton admitted, that upon the face was the name of this man? He said, it was of the treaty, the order just mentioned and Goulass Roy. He was asked, if this man had the treaty itself were irreconcileable. He not been sent to Benares to depore whatever said, however, that from the beginning he he had heard relative to the rebellion of the had told the Nabob that he must resume all Begums, buing supposed to be well acquaintthe jaghires.

ed with every thing that had palīcd at FyzaMr. Sheridan contended, that in this the bad? On this point the witness was not witness had fiatly contradicted what he had able to speak with any certainty. A passage faid on a preceding day on the same subject, of a letter was then read to him, written by when it appeared from his evidence, that the Major Davy, informing him that Goulars Nabob's reluctance had been expressed when Roy having been examined, and his depofithe resumption of the Begums' jaghires was tion taken, relative to the rebellion of the mentioned to him ; for at that time the re Begums, had been sent back to Fyzabad. sumption of no other jaghires had been so He was then asked, why this deposition did much as hinted to him. The former evi not appear among the other ashdavirs? He dence was read, and Mr. Middleton was en replicd, that he did not know until he heard,

* They who look for every witness to deliver himself with such perspicuity and address as Sir Elijah Impey and Major Scott, will look more often than they find. How intel. lectual Mr. Middleton may be, scems pretty obvious. And yet in Westminster, as elle. where, things are not always as they seem. Ignorance may be loquacious, and genius mute, Sir W. Yonge, of George the Second's tiine, had the trick, without three ideas in continuity, to talk himself into 3000l. a year! while Pope, when appearing for his friend Atterbury, faltered into forgetfulness of all his fine powers—and in the few short lines which formed his testimony, he committed as many transgressions against grammar !

Mr. Middleton is not meant further to be likened to Pope.--Wits may have short memor ries. It would be well if each Mort memory had wit. If. it was so, embarraliment had been changed into self-poffeffion, and we should have splendour in the place of obscurity.

Mr. Middleton was more agitated, and therefore more confused, than cver. The quertions put to him, he apprehended tardily; and his answers often were so perplexed, as to make them yet more tardily apprehended in return.

In the course of this prolix detail, Mr. Sheridan managed most of the matter. A few questions came from Mr. Fox; and when Mr. Adam let fal) a few words on their fide, protecting their witness, the Chancellor very properly let him know, that "

every witness is in the protection of the Court.”

The word " CAPTION appearing in some of the Benares papers -Mr. Burke, with his wonted promptitude and force, observed on its peculiarity—" That thi, was a flower « not likely to have been gathered among Oriental growths; but that it was to be traced 5 springing on very different ground.” Then flinging away his flower, he said, " it smelt bi of the cark.”

† The Court was very thin--scarcely ten women of fashion, and not twenty of the Commons !

this

too

too

this letter read, that Goulass Roy had been to be, asked what was the sum that the late examined, and therefore he was not able to Nabob was to pay for our affiitance in account for the non-appearance of his depo EXTERMINATING the ROHILLAS? The fitio : nor did he know any native by name, witncís replied, forty lacks; fifteen were wło had made an affidavit before Sir Elijah paid before the death of the Naboh, and Impey. He thewed Col. Hannay his orders fince that period the Begums had paid fiftyfroin Mr. Hastings, to find out who knew fix lacks, 560,0col. Mr. Sheridan left it any thing relative to the conduct of the Be then to their Lordships to judge, whether gums; and as the persons whu were most the could have 2,000,000l. sterling in the Ekely to know such things, were native offi Zenana. cers in Col. Hannay's regiment, he left it to Mr. Law asker, whether the Begums had him to find them out. He was asked, if not a considerable body of troops in their Col. Hannay was not accused by the Be- ja jhires ? whether they were not independent gums with having occafioned all the difturb of the Nabob? whether the Begums Miniances in Oude? He replied, that he believed sters did not frequently oppose the Nabob's the Begums had made such an accusation. oñicers ? whether his Highness had not fre. Mr. Burke then dofired the witness would quently expressed a wish that the jaghires of fay, whether he thought it was decent or just his parents were resumed ? and whether he to commit to a person so accused, the charge had not complained, that two rulers, meanof finding out witnesses to blacken his ac ing himself and his mother, were cusers? He said, he did not commit such a many for one country ? 'The witness replied, charge to him; he barely communicated to that the Begums had troops, which were him the orders which the Governor-General certainly independent of the Nabob, whose had sent to the witness.

officers had often been refiited by them, unMr. Law atked, if the jaghire left by the der the orders of Bahar and Jewar Ally late Nabob to the Bow Begum was conside- Chan, the Begums Ministers; and for these rable? He replied, that, in his opinion, it and other reasons, he would have refumed was not worth more than two lacks of rupees the jaghires, if he had not been withheld by a.year; but that her son, the present Na the Englis guarantee ; but he did not recolbob, had given her other jaghires, making lect precisely that he had heard him say, her whole income hx lacks a year. He was two rulers were

many for one alked, whether the Begum was not reputed " country." to have had a large, and what, sum in her In answer to forme queitions put to him po.fession at the time of her husband's death? by Mr. Sheridan, he said, that every person He replied, that it was computed she had holding a jaghire was obliged to have troops ; two crores, or 2,000,000l. This treasure he that they were necessary for the collection of conceived to be the inheritance of the present the revenue; that the Nabob had frequently Nabob, though it was in the Zenana; for attempted to incroach upon the jaghires of the late Nabob resided at Fyzabad, where his parents, whose Minifters, as they were his widow ftill resides, and he had no other in duty bound, resisted the incroachments; treasure than that which was deposited in and this discharge of their duty was, he bethe Begum's Palace. He considered the Be- lieved, one of the reasons that made the Na. gum only as the Nabob's treasurer, and not bob dislike em. the owner of the wealth : and a circupulance Mr. Sheridan then undertook to fubftan. had occurred which indeced-him to form tiate, that the keeping the Nabob's family, this opinion. When the late Nabob was portioning the daughters, &c. &c. was al. prosecuting the Rohilla war, he gave the ways thought to be a necessary part of his witness a draft for 15 lac's, to be paid out allowance : That he had complained of the of this treasure at Fyzabad ; the draft, how English, as the source of all his difficulties : ever, was not honoured : the Begum, who That two gentlemen were mentioned was at that time with him in the camp, then whom Mr. Middleton did not remember, drew for the same fum, and her draft was though he recolleted they were named in the immediately paid. Mr. Sheridan asked, if letter --These two gentleman proved to be this fact did not prove direaly the reverse ? Mr. Bristow and Mr. Middleton-the former for as the Nabob's order for the moncy had of whom, Mr. Burke observed, “ had tos been disregarded, and the Begum's duiy ho- politics, the latter ibe money." noured, it would appzar that the fund upon The letter was read by the Clerk. which both had drawn belonged io the Be Mr. Law here observed, they could not gum, and not to her fun.

get access to these letters, as they were taken Mr. Sheridan, in order to thew that the away each night by the Hon. Managers. treasures left by Sujah ul Dowlah could not The Lord Chancellor, with that perípi. be so great as the witness had thought thum cuity wluch discriminates on, and knows

every

Svery thing, said, “ They were, or should be, such a war was actually existing, he had the deposited in the Parliament Office that greatest occasion for their services. borb parties Niould have access to them, A very long examination then took place when found necessary, but that neisber should on the subject of the witness's books of corremove them at their pleasure."

respondence. The last letter in one of these Mr. Sheridan asked the witness, whether, books, written on a sheer bound up with the after the late Nabob had been defeated by rest of the book, was dated the 19th of Octhe English at the battle of Buxar, the Be- tober ; immediately follow some loose fheets, gum had not repaired to him with all her not bound up; and on the first of them is treasure? He replied, that she had repaired another letter, bearing date also the 19th of to him, and had carried with her valuable October. These two letters were not copied effects, on which he raised great sums for at the same time, or on the same kind of his use; and this mark of fidelity and at. paper; for thele two sheets, though immetachment to her husband, in the critical diately following each other, have different moment of his distress, was, the witness water inrks. Now the former of the two admitted, the foundation of the unbounded letters, bearing the same date, was written love he ever after entertained for her. The by Major Gilpin to Mr. Middleton, and inwitness also admitted, that he had heard the closed copies from the Bow Begum of the Begum had prevented her husband from put- letters that had been sent to her ty Col. ting his son, the present Nabob, to death; Hannay and Capt. Gordon. But these copies and had, by her great influence over her should have been inserted in the official book, hufband, prevailed upon him to fingle ber immediately after the letter from Major Gila son out from all his other children, and consti- pin, in which they had been inclosed.--Mr. cute him his heir.--This evidence was given Middlcton said he had left copies of them in to prove, that if there Princes had greatly the office. enriched the Begum through gratitude, it Lord Loughborough anked, why he had would not be fair to say that they did not give not fent there copies to Calcutta, particularly her a property in the wealth, and more par as the Begum had requested that he would ticularly, as ihe Begums were obliged to sup- send them as instruments of her defence, and port the family and children of the late vouchers of her innocence ? He said, he was Nabob, and give them fortunes on their then retiring from his office, and transferring marriage.

the duties of the Reldent to Mr. Bristow, Mr. Sheridan asked the witness, if all the previous to his departure for Calcutta.-The articles of the treaty of Chunar had been nobic and learned Lord asked, why he had faithfully observed by the English? He re not carried with him letters of so much im. plied, that he could not answer the question, portance, and delivered them to the Goverunless he was to read the whole treaty, and nor on his arrival at Calcutta ?-He did not all the correspondence. Mr. Sheridan then think it was necessary; he presumed his sucsaid, he could alk him a more simple quef- cessor in office would send them. tion-Had any one article of that treaty been Lord Loughborough observed, that it apkept? The witness could not tell. Mr. peared from a letter from Mr. Hastings to Sheridan asked him, if any articles of it had the witness, that he was directed by the fora been kept exccpt those which were disagree mer to enquire who were able to give any evi. able to the Nabob, and which the witness donce relative to the disaffection of the Bea had assured that Prince, Mr. Hastings never gums ; to desire that they would make de. intended Mould be enforced? The Counsel pofitions of all they knew; that they should said, the question was too broad. Mr. She be very particular as to dates and places ; that ridan said, he did not mean to press the wit no deposition should be drawn up in a lanness to answer it.

guage which the deponent did not underBut he would ask this question-At what stand; and that persons should be present, period had the Nabob ftipulated that the who thould take care that the deponents temporary brigade belonging to the Com were duly sworn, according to the forms pany, and then in his service, should be prescribed by their respective religions for withdrawn? The witness replied, that it taking caths ; or if any should scruple to was on the 19th of September.

take an oath, that their affirmation should Mr. Sheridan upon this remarked, that this be taken with the usual solemnity.-Now was the very period when the supposed re the learned Lord wilhed to know, if the bellion of the Begums was raging. He left witness could say, after the receipt of such a it to their Lordships to judge, whether the letter, that he did not know, of his own Nabob would insist, that the only troops on knowledge, that any native had made an wliich he could depend should be dismissed, affidavit ? Mr. Middleton replied, that he flagrante bello, just at the moment, when, if had fewn the letter to Colonel Hannay,

Major

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