Oude, but that he had found them fuch as it would not be fafe for a General to place much dependence upon; and, indeed, from all he had seen of the country, that it would be impoffible for the Company, in cafe of a war, to draw any affiftance from it. A letter from Mr. Kirkpatrick was read, to contradict another affertion in the defence made by Mr. Haftings, namely, that the Princes of India had a high opinion of his good faith; and that Madajee Scindia had written a letter to our most Gracious Sovereign, in which he beftowed the highest praise on Mr. Haftings, and feemed to have nothing more to afk, than that those who should fucceed him in his government might follow his example. Mr. Kirkpatrick's letter, which was addreffed to Lord Cornwallis, affured that the natives had experienced so many breaches of faith on the part of the English, that it would be a very difficult matter to prevail upon them ever to place confidence in our promifes or engagements; and therefore, however fincere Government might be in their intention to be faithful to their engagements, nothing but time and fome more happy experience of a change in our measures, could make the natives place any confidence in our affurances. This letter of Mr. Kirkpatrick was the more remarkable, as it was written from the country of Madajee Scindia, the Mahratta Prince, who, according to the defence of Mr. Haftings, had fo great a reliance upon the faith of his government, that he wished all future Governors of Bengal might adhere as religiously to their engagements as Mr. Haftings had to his. The Managers having gone through this written evidence, defired that Mr. MIDDLETON fhould be called to the bar. This gentleman having made his appearance, underwent a long examination on the subject of the feizure of the Begum's jaghires, and their treafure, &c. &c. He was asked how long the rebellion of the Begums, fuch as he fuppofed it to be, had lafted? He faid he believed the period of its duration might have been from the fame period in the month of Auguft, at which Cheyt Sing broke out into rebellion, to the latter end of September. This question was thought to be the more material, as the Begums were not ftripped of their jaghires till the December following, near three months after the conclufion of the fuppofed rebellion, though that rebellion had fince been made the ground or caufe for which thefe jaghires were feized, He was asked, if Sir Elijah Impey had communicated to him the pleasure of Mr. Haftings relative to the refumption of the jaghires? He believed he might have con. verfed with Sir Elijah on the fubject. A paffage from one of his own letters was then read to him, in these words :-" Your plea"fure I have learned from Sir Elijah Impey "relative to the Begums, and I fhall take 66 eare to use every influence with the Na"bob to fecond your views." He acknowledged that he had written the letter in which that paffage was to be found. The object of the Managers in examining the witness to this point was, to fhew that the plan for feizing upon the treasures of the Begums, had originated with Mr. Haftings, and not with the Nabob. The Managers then read a letter from the Bow Begum, or princefs mother, to Mr. Bristow, ftating the hardships of her fituation, the calumnies of her enemies, and her own innocence, and calfing upon the English for that protection, which by treaty they were bound to afford her. Other letters were read, written by Lieutenant-Colonel Hannay and Capt. Gordon, to the Begum, and her Minifters Bahar and Jewar Ally Khan, thanking them for their kind interpofition, which had faved the life of Capt. Gordon. The Counsel for Mr. Haftings ob. jected to the admiffion of thefs letters as evidence, because printed copies of letters were not evidence, whilst the originals could be obtained; but ftill lefs were they evidence in the prefent cafe, as the writer, or fuppofed writer of fome of them, was in London; and the Managers ought, in point of candour, to call upon him to state whether these were copies of letters that had really been written by him. Mr. Sheridan faid, it was impoffible for him to produce the writers of these letters, because one of them was the younger Begum, who was in India, and could not be brought to this country; another of them (Col. Hannay) was dead; and as for the third, Capt. Gordon, he did not think proper to call him, though he should be on the fpot; for notwithstanding the many expreffions in his letters of gratitude to the Begum and her Minifters, for the preservation of his life, this gentleman had not thought proper to take the leaft notice of fo remarkable a circumstance in his depofition, or affidavit, before Sir Elijah Impey. But it was not neceffary that he should produce either the originals, or the writers of thefe letters; they had been printed and annexed to one of the charges against Mr. Hastings, to which charge that gentleman had been admitted to make a defence at the bar of the Houfe of Commons; and in that defence he admitted thefe very letters to be genuine, and the printed copies to be faithful. K kk 2 Mr. Mr. Law faid, that the Commons might prove that fuch had been annexed to the charge in the Commons, and that Mr. Haftings had argued upon them as if they were genuine, but not admitting them to be fo; and after the Managers should have proved this, he would contend that the evidence of facts fo proved was not admiffible against the defendant. Mr. Burke faid, it was a hard thing for the Commons to proceed under the various difadvantages which naturally arofe out of the delinquency of the prifoner at the bar. One of the charges against him was, that he had fuppreffed letters which he was bound in duty to have recorded, and which, if he had, would be evidence for their Lordships: but now that he had violated his duty, and fuppreffed correfpondence, his Counsel triumphantly called out for the original letters: this was making the prifoner avail himself of his own wrong, contrary to all principles of juftice. The Managers proceeded to prove, that these letters had been printed and annexed to a charge in the Houfe of Commons, to which Mr. Haftings had made a defence; and a paffage from that defence was read, to prove that he had admitted thefe letters to be genuine. They were accordingly read, and taken down upon their Lordships mi nutes, After this, Mr. Law obferved, that as it did not appear from any evidence given by the Managers, that thefe letters had ever reached the hands of Mr. Haftings, he hoped the Hon. Manager who had charged him with having fuppreffed letters, would in candour and justice to the gentleman at the bar retract his affertion. Mr. Burke, affuming all the dignity of fituation belonging to a person acting for and reprefenting the Commons of England, replied, "MY LORDS, THE COUNSEL DESERVES NO ANSWER." Mr. Sheridan proved, that fome of the most material evidence relative to the Begums, had been actually fuppreffed; for he stated from written documents, the authenticity of which had been previously established, that Goulafs Roy (a man who had refided in Oude, and was best acquainted with all that belonged to the conduct of the Begums) had been feat to Benares to make his depofition; and that after he had made it, he was fent home:but, faid Mr. Sheridan, not the leaft notice or account of this depofition of Goulafs Roy was to be found in the collection of affidavits taken by Sir Elijah Impey. The Managers then continued the examination of Mr. Middleton. His books of Correfpondence were produced; and it appeared, that many pages were torn out, and others were added, which were loofe, not being fewed or bound up with the reft. One of the books appeared to be numbered or paged in his way: A fubject was carried on and paffed in regular order; when that fubject was ended, another began again with No. 1, 2, 3, &c. fo that page 1 occurred more than once in the fame volume. Now a great number of leaves were torn out, and the next page to those that had been fo torn boré the No. 1, and thus went on regularly; fo that a whole hiftory of any one transaction might have been thus deftroyed. The leaves fo torn off had been bound up with the reft, and the threads of the binding from which they had been torn remained. Mr. Middleton was not able to account for this lacerated ftate of his books. He was then afked, if the Nabob had been always inclined to take from his parents their jaghires and eftatcs? He faid, he believed he was ever inclined to do fo, but had been withheld by his dread of the English, whofe faith was pledged to guarantee to the Bow Begum, at least, thofe jaghires and treafures. He was asked next, how he could, in one of his letters to Mr. Hastings, state, that he had an almost unconquerable reluctance to the measure? He did recollect that he had made ufe of that expreffion. The expreffion appeared in a letter of Mr. Haftings to Mr. Middleton, in which the former adverts to and repeats this expreffion, as taken from a preceding letter from Mr. Middleton to the Governor-General. This letter of the witnefs, to which Mr. Haftings referred, was not to be found, and was by the Managers faid to be one of the many that had been deftroyed or fuppreffed. Another letter, from the Nabob, which Mr. Middleton faid he difpatched to Mr. Haftings, and which related to the refumption of the jaghires and treafures, was not to be found upon record, but was alfo fuppreffed or loft, Mr. Middleton was afked, whether Mr, Haftings would not have caufed the jaghires to be feized, whether the Nabob had confented or not? He faid, he believed he would. He was afked, if he himself (the witness) had not iffued bis own orders, or perwannabi, for that purpofe, without waiting for the confent of the Nabob? He replied, that certainly he had figned and fealed some of these perwannahs, and delivered them to the Minifter, but he did not believe they had been dispatched by him before the Nabab figned perwannahs for the fame purpose. He was afked, if the Nabob had not at the time declared, that his fo figning was an act of compulfion? This Mr. Middleton admitted. He was then called upon to say, how he could affert that the Nabob had been always inclined inclined to refume the jaghires, and would have done it if he had not been withheld by the English guarantee ? The answer we were not well able to understand; the witness faid fomething about the Nabob's wishing to refume only fome jaghires, but Mr. Haltings would have him refume all. He was afked, if the fecond article of the treaty of Chunar did not leave the Nabob at liberty to refume fuch jaghires as he should think proper to refume? He said, it did. He was asked then, if the meaning of that article was, that the Nabob fhould refume those that he did not think proper to refume? He replied in the negative. He was defired then to reconcile, if he could, a treaty which gave the Nabob leave to refume fuch as he fhould pleafe, with an order that he should refume fuch jaghires as he wished not to poffefs himself; nay, that he should refume all. Mr. Middleton admitted, that upon the face of the treaty, the order juft mentioned and the treaty itself were irreconcileable. faid, however, that from the beginning he had told the Nabob that he muft refume all the jaghires. He Mr. Sheridan contended, that in this the witnefs had flatly contradicted what he had faid on a preceding day on the fame fubject, when it appeared from his evidence, that the Nabob's reluctance had been expreffed when the refumption of the Begums' jaghires was mentioned to him; for at that time the refumption of no other jaghires had been fo much as hinted to him. The former evidence was read, and Mr. Middleton was en deavouring to reconcile what he had said, when the Lord Chancellor obferved, that the difcuffion of this point might take up much time, and it was then near fix o'clock t. The point was then dropped, and their Lordships adjourned. TWENTY-FIFTH DAY. THURSDAY, MAY 8. Mr. Middleton was called again to the bar this day, and his examination and crossexamination lafted till the rifing of the Court, at half past five o'clock. It appeared, from one of his letters, that a man was kept in the Company's pay, at Fyzabad, for the purpose of forwarding fuch letters as might be addreffed to the Refident at Lucknow, and of tranfmitting whatever intelligence fhould come to his knowledge, that was in any degree important. He was afked, what was the name of this man? He faid, it was Goulafs Roy. He was afked, if this man had not been fent to Benares to depote whatever he had heard relative to the rebellion of the Begums, being fuppofed to be well acquainted with every thing that had passed at Fyzabad? On this point the witness was not able to speak with any certainty. A paffage of a letter was then read to him, written by Major Davy, informing him that Goulafs Roy having been examined, and his depofition taken, relative to the rebellion of the Begums, had been fent back to Fyzabad. He was then afked, why this depofition did not appear among the other affidavits? He replied, that he did not know until he heard. *They who look for every witness to deliver himself with fuch perfpicuity and address as Sir Elijah Impey and Major Scott, will look more often than they find. How intellectual Mr. Middleton may be, seems pretty obvious. And yet in Westminster, as elfewhere, things are not always as they fcem. Ignorance may be loquacious, and genius mute. Sir W. Yonge, of George the Second's time, 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 fhort lines which formed his teftimony, he committed as many tranfgreffions against grammar! Mr. Middleton is not meant further to be likened to Pope.-Wits may have thort memories. It would be well if each fhort memory had wit. If. it was fo, embarralliment had been changed into self-poffeffion, and we should have splendour in the place of obfcurity. Mr. Middleton was more agitated, and therefore more confused, than ever. The queftions put to him, he apprehended tardily; and his answers often were fo perplexed, as to make them yet more tardily apprehended in return. In the course of this prolix detail, Mr. Sheridan manageď most of the matter. A few queftions came from Mr. Fox; and when Mr. Adam let fall a few words on their fide, protecting their witnefs, 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, obferved on its peculiarity" That this was a flower "not likely to have been gathered among Oriental growths; but that it was to be traced fpringing on very different ground." Then flinging away his flower, he faid, "it smelt of the cafk." The Court was very thin-fcarcely ten women of fashion, and not twenty of the Commons! this this letter read, that Goulafs Roy had been examined, and therefore he was not able to account for the non-appearance of his depofition: nor did he know any native by name, who had made an affidavit before Sir Elijah Impey. He fhewed Col. Hannay his orders from Mr. Haftings, to find out who knew any thing relative to the conduct of the Begums; and as the persons who were most Ekely to know fuch things, were native officers in Col. Hannay's regiment, he left it to him to find them out. He was afkcd, if Col. Hannay was not accufed by the Begums with having occafioned all the difturbances in Oude? He replied, that he believed the Begums had made fuch an accufation. Mr. Burke then desired the witness would fay, whether he thought it was decent or just to commit to a perfon fo accused, the charge of finding out witneffes to blacken his accufers? He faid, he did not commit fuch a charge to him; he barely communicated to hin the orders which the Governor-General had fent to the witness. Mr. Law afked, if the jaghire left by the late Nabob to the Bow Begum was confiderable? He replied, that, in his opinion, it was not worth more than two lacks of rupees a-year; but that her fon, the prefent Nabob, had given her other jaghires, making her whole income fix lacks a year. He was afked, whether the Begum was not reputed to have had a large, and what, fum in her pofeffion at the time of her husband's death? He replied, that it was computed fhe had two crores, or 2,000,000l. This treasure he conceived to be the inheritance of the prefent Nabob, though it was in the Zenana; for the late Nabob refided at Fyzabad, where his widow ftill refides, and he had no other treasure than that which was depofited in the Begum's Palace. He confidered the Begum only as the Nabob's treasurer, and not the owner of the wealth: and a circunfance had occurred which inded him to form this opinion. When the late Nabob was profecuting the Rohilla war, he gave the witness a draft for 15 lacks, to be paid out of this treasure at Fyzabad; the draft, however, was not honoured: the Begum, who was at that time with him in the camp, then drew for the fame fum, and her draft was immediately paid. Mr. Sheridan afked, if this fact did not prove direly the reverie? for as the Nabob's order for the money had been difregarded, and the Begum's duly honoured, it would appear that the fund upon which both had drawn belonged to the Begum, and not to her fun. Mr. Sheridan, in order to fhew that the treasures left by Sujah ul Dowlah could not be fo great as the witnefs had thought thom to be, asked what was the fum that the late Nabob was to pay for our affittance in EXTERMINATING the ROHILLAS? The witnefs replied, forty lacks; fifteen were paid before the death of the Nabob, and fince that period the Begums had paid fiftyfix lacks, 560,000l. Mr. Sheridan left it then to their Lordships to judge, whether she could have 2,000,000l. sterling in the Zenana. Mr. Law asked, whether the Begums had not a confiderable body of troops in their jaghires? whether they were not independent of the Nabob? whether the Begums Minifters did not frequently oppofe the Nabob's officers? whether his Highness had not frequently expressed a wish that the jaghires of his parents were resumed? and whether he had not complained, that two rulers, meaning himself and his mother, were too many for one country? The witness replied, that the Begums had troops, which were certainly independent of the Nabob, whose officers had often been refiited by them, under the orders of Bahar and Jewar Ally Chan, the Begums Ministers; and for these and other reafons, he would have refumed the jaghires, if he had not been withheld by the English guarantee; but he did not recollet precifely that he had heard him say, two rulers were too many for one "country." In answer to fome questions put to him by Mr. Sheridan, he said, that every person holding a jaghire was obliged to have troops; that they were neceffary for the collection of the revenue; that the Nabob had frequently attempted to incroach upon the jaghires of his parents, whofe Minifters, as they were in duty bound, refifted the incroachments; and this discharge of their duty was, he believed, one of the reasons that made the Nabob diflike them. Mr. Sheridan then undertook to substantiate, that the keeping the Nabob's family, portioning the daughters, &c. &c. was always thought to be a neceffary part of his allowance: That he had complained of the English, as the fource of all his difficulties: That two gentlemen were mentioned― whom Mr. Middleton did not remember, though he recollected they were named in the letter-Thefe two gentlemen proved to be Mr. Bristow and Mr. Middleton-the former of whom, Mr. Burke obferved, "had the politics, the latter the money.” The letter was read by the Clerk. Mr. Law here obferved, they could not get access to these letters, as they were taken away each night by the Hon. Managers. The Lord Chancellor, with that perípi cuity which difcriminates on, and knows every every thing, said, “They were, or should be, deposited in the Parliament Office-that both parties fould have access to them, when found necessary, but that neither should remove them at their pleasure." Mr. Sheridan afked the witnefs, whether, after the late Nabob had been defeated by the English at the battle of Buxar, the Begum had not repaired to him with all her treasure? He replied, that she had repaired to him, and had carried with her valuable effects, on which the raised great fums for his ufe; and this mark of fidelity and attachment to her husband, in the critical moment of his diftrefs, was, the witnefs admitted, the foundation of the unbounded love he ever after entertained for her. The witness also admitted, that he had heard the Begum had prevented her husband from putting his fon, the prefent Nabob, to death; and had, by her great influence over her husband, prevailed upon him to fingle ber fon out from all his other children, and conftitute him his heir.-This evidence was given to prove, that if thefe Princes had greatly enriched the Begum through gratitude, it would not be fair to say that they did not give her a property in the wealth, and more particularly, as the Begums were obliged to fupport the family and children of the late Nabob, and give them fortunes on their marriage. Mr. Sheridan asked the witness, if all the articles of the treaty of Chunar had been faithfully obferved by the English? He replied, that he could not answer the question, unless he was to read the whole treaty, and all the correfpondence. Mr. Sheridan then faid, he could ask him a more fimple queftion-Had any one article of that treaty been kept? The witnefs could not tell. Mr. Sheridan asked him, if any articles of it had been kept except those which were disagreeable to the Nabob, and which the witness had affured that Prince, Mr. Haftings never intended should be enforced? The Counfel faid, the question was too broad. Mr. Sheridan faid, he did not mean to prefs the witnefs to answer it. But he would ask this question-At what period had the Nabob ftipulated that the semporary brigade belonging to the Company, and then in his fervice, fhould be withdrawn? The witnefs replied, that it was on the 19th of September. Mr. Sheridan upon this remarked, that this was the very period when the fuppofed rebellion of the Begums was raging. He left it to their Lordships to judge, whether the Nabob would infift, that the only troops on which he could depend should be dismissed, flagrante bello, just at the moment, when, if fuch a war was actually exifting, he had the greatest occasion for their fervices. A very long examination then took place on the fubject of the witness's books of correfpondence. The last letter in one of these books, written on a fheet bound up with the reft of the book, was dated the 19th of October; immediately follow fome Icofe fheets, not bound up; and on the first of them is another letter, bearing date also the 19th of October. These two letters were not copied at the fame time, or on the fame kind of paper; for these two sheets, though immediately following each other, have different water arks. Now the former of the Two letters, bearing the fame date, was written by Major Gilpin to Mr. Middleton, and inclofed copies from the Bow Begum of the letters that had been fent to her by Col. Hannay and Capt. Gordon. But these copies fhould have been inferted in the official book, immediately after the letter from Major Gilpin, in which they had been inclosed.-Mr. Middleton faid he had left copies of them in the office. Lord Loughborough asked, why he had not fent thefe copies to Calcutta, particularly as the Begum had requested that he would fend them as inftruments of her defence, and vouchers of her innocence? He faid, he was then retiring from his office, and transferring the duties of the Refident to Mr. Bristow, previous to his departure for Calcutta.—The noble and learned Lord afked, why he had not carried with him letters of fo much importance, and delivered them to the Governor on his arrival at Calcutta ?—He did not think it was neceffary; he prefumed his fucceffor in office would fend them. Lord Loughborough obferved, that it appeared from a letter from Mr. Haftings to the witness, that he was directed by the former to enquire who were able to give any evidence relative to the difaffection of the Begums; to defire that they would make.depofitions of all they knew; that they should be very particular as to dates and places; that no depofition should be drawn up in a language which the deponent did not underftand; and that persons should be present, who fhould take care that the deponents were duly fworn, according to the forms prefcribed by their respective religions for taking oaths; or if any fhould fcruple to take an oath, that their affirmation fhould be taken with the ufual folemnity.-Now the learned Lord wifhed to know, if the witnefs could fay, after the receipt of fuch a letter, that he did not know, of his own knowledge, that any native had made an affidavit? Mr. Middleton replied, that he had hewn the letter to Colonel Hannay, Major |