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it was possible for them to be prepared on their several charges, but to complete for it, the cause on the part of the prose- their reply to the detence on more than cution must be materially injured: se- one principal head thereof, and even that condly, that on the part of Mr. Hastings with great inconvenience; and being of no honourable advantage could be gained, opinion that it would be prejudicial to because final judgment could not be the cause of justice, in any point of view, thereby accelerated. These points he that the course of the reply should be illustrated by showing what connexion broken, and the attention of the court the charge of Benares had with the other divided on the matter of the said impeachcharges, aud the impossibility that the ment, the whole of which their lordships Lords themselves could be able to under- have considered as one cause, they desire stand the case, even if the managers were the Lords to postpone any further proable to reply in the present session, be- ceedings on the same till the next session cause much of the evidence was yet un- of parliament, when the Commons will be printed. It would therefore be injurious ready and desirous to attend from day to to the honour of Mr. Hastings, as well as day, if their lordships think fit to make prejudicial to the prosecution, that this good their charges.' business should be hurried on, as pro- Mr. Wigley opposed the motion, as posed by their Lordships; besides, by tending to create delay. this mode of proceeding, they would de- Mr. Law opposed it alsu, and observed prive the managers of the privilege of a that the delay of this trial was a great general reply upon the whole case, to vexation to the defendant. The cause which they were certainly entitled. Now, had lasted six years; he knew that in if it was necessary for Mr. Hastings to these years only 120 days had been albe in possession of all the evidence on the lowed. He did not say that any party part of the prosecution, before he began was to be accused particularly of delay; his defence, was it not equally necessary each should take his share, but he thought that the managers should be in possession that no farther delay should take place if of all the evidence on the part of the de- the House had the power to prevent it. fence before they began to reply? He He saw a good reason for proceeding this therefore submitted to the House, whe-session as far as the managers could; per. ther the Lords could in justice, in can- haps it would accelerate the decision a dour, or in fairness expect the managers quarter of a year, and that was a great to proceed upon their reply under all consideration to Mr. Hastings, in his prethese circumstances at the time appointed. sent situation. The d-lay of his trial he But the disadvantages did not stop here; was sure was such as the people of this for he readily confessed that he was not, country were generally displeased with, nor could he be able to proceed to the and was contrary to the principles of our reply at the time appointed by the Lords, constitution. by any diligence which could be used; Mr Cawthorne opposed the motion, as and therefore that part of the case must a measure of unnecessary delay. be defective until the next session, and Mr. Sheridan maintained it to be imthen the defect must be supplied by those possible to do justice to the cause by who should follow him in the reply upon coming to a reply in the present session. the other charges : so that the final judg. He maintained that there was not the ment would not be accelerated a single smallest colour for charging the managers day from this haste, but on the contrary with delay, and verily believed, that prowas likely to be retarded. He wished ceeding to a reply as the Lord proposed, gentlemen to reflect on the lateness of the would not hasten the conclusion of the session, and then see what good could be trial a single hour. produced by proceeding now upon any Mr. Secretary Dundas saw not the least part of this trial. He concluded with injustice or hardship which the defendant moving, “ That a message be seni to the would sustain, by the carrying of this Lords to acquaint their lordships, that motion. Was it supposed by any body, the House of Commons, taking into con that final judgment would be delayed in sideration the state of the impeachment the cause by it? On the contrary, he now depending against Warren Hastings, was satisfied, so far from protracting the 'esq., together with the advanced period trial, that in the end it would shorten it. of the session, are convinced that it is If the managers proceeded to reply in not only impossible to obtain judgment the present session, as proposed by the (VOL. XXX.]
Lords, he was clearly of opinion it would thought himself bound to give notice, be neither more nor less than wasting so that to-morrow he should bring forward many days as they should be employed a motion, which appeared to him to be for the present session. As to delay, the necessary for the justice and honour of managers were not chargeable with it, nor that House. was that House chargeable. He had no difficulty in stating the delay to have been June 7. Mr. Grey rose to call the at: with the Lords; they met at too late an tention of the House to a subjeet, which hour in the day; adjourned for too long appeared to him of considerable importa period; had been too scrupulous about ance, and with regard to which he thought the attendance of the judges from time to it would be impossible for him to act withtime, when in point of fact they had no out the advice and direction of that occasion for the assistance of the judges ; House. The very great and important thus they lost every year all the time of duty which devolved upon the managers the assizes. What reason could there be of the impeachment against Mr. Hastingsi for this? Had their lordships not legal had become infinitely more difficult since ability enough within the walls of their the vote of that House last night. If he had own chambers ? Had they not lord Thúr. aeted according to his own feelings upon low, the then chief justice of the Common that occasion, he should have solicited Pleas, lord Bathurst, and a noble earl the House to withdraw his name from the (Stanhope), who had undertaken to teach list of the managers. In the vote he had the law sords law in the House of Peers! alluded to, he was placed in a situation in To be serious, he thought their lordships which he could not perform what might might have decided many points, without be said to be his duty, in a manner that the assistance of the judges; and by ad. would be of advantage to the public. If journing to their own chamber upon all the House were pleased to impose a task these points, the parade of the thing upon their managers, it should follow, wasted the time that ought to have been as a necessary consequence, that the employed in transacting the real business House should support them in the exeof the trial. He was convinced, that had cution of that duty. If the House they attended in the morning, and taken thought, that, from the conduct of the six hours each day of sitting, the trial managers upon this impeachment, it had would have been over in the first session, been brought into such a situation, that or early in the beginning of the second. it could be no longer carried on with hoHe thought it his duty to say this, in nour to that House, it would become the order that there should not be a false im- House at once to say so, and to put an pression made upon the public. Let the end to it by an immediate vote, and then imputation of delay rest where it ought proceed to censure the managers for their to be, with the Lords ; for he had no idea, conduct. If circumstances had arisen as one of the members of that House, that induced the House to be of opinion to take blame where he did not deserve it. that the conduct of the managers had
Mr. Ryder found it impossible to accede been in any degree improper, it should to the motion for a delay till next session, in a manly manner declare that to be the particularly as he could not agree in one case ; at any rate, it could not be proper of the reasons given in the motion for for the House to send their managers to that delay. He agreed that much of the the bar of the Lords to conduct a diffidelay was imputable to the Lords; but cult and important business, which the this made him the more averse to the House, in fact, wished to get rid of, not least appearance of delay on the part of by a vote, but by an indirect mode of that House.
thwarting them in some points, and aban. The House divided :
doning them in others. This was what Tellers.
he wished not to be the case ; and he felt
it heavy upon him from the recent pro
61 Mr. Windbam
ceedings of the House. Upon these
grounds, he should have felt himself warS
66 ranted to say, that the duty, as it now Mr. Wigley
stood, was such as he was not able to So it passed in the negative.
perform, and therefore he should pray of Mr. Burke said, that after the extra- | the House to dismiss him from a situation ordinary proceedings of the House, he in which he could not act with propriety;
Yeas SMr. Grey
Noes Mr. Law
he should retire from the business, if the before the House was such as would not, House were pleased to signify their con- in his opinion, admit of any loss of time. sent to it. At the same time, it would be The hon. manager in his application to the with regret that he should leave those House, intreated their directions as to the with whom he had engaged in this great step he was to take upon the subject of and important trial : he must confess, it the impeachment against Mr. Hastings. would be a subject of very deep regret The House of Peers had already adjournto leave them at all, but much more at ed over till to-morrow, and therefore could the present moment, and in the present have no power to proceed upon any thing situation. However, he could not help on that day. What proceeding they it, and he must consider what he owed could institute, the House would be under to himself on the present occasion, and the necessity of immediately deciding, in feeling himself unable to appear at the order to direct the hon. manager. A mesbar of the Lords to proceed upon the trial sage might be sent to the Lords, perhaps on the day appointed, as a manager of to defer the farther proceeding on the the Commons of Great Britain, to reply trial for a day or two, as the case was urupon the charge now before their lord- gent. It was possible that the Lords might ships for determination, he must desire then be sitting. A motion might be made the House to dismiss him, or to give him immediately in that House, and a message such directions for his conduct, by might be sent to the Lords, while they which he might be enabled to proceed were sitting, to desire they would conin the discharge of a task to which he was tinue to sit for a short time, in order to not at present competent.
receive a message from that House. It Mr. Burke wished some gentleman to was not an unusual thing, in the case of an express their sentiments upon this subject, impeachment, to require the Lords to sit by which the managers might be guided. for some time longer. Under these cir
A great deal had been urged on the cumstances, he begged Mr. Burke to abground of compassion to the accused. This stain from any observations upon the gewas certainly an unusual mode of con- neral question at the present moment. If ducting a criminal charge, on the part of it was the pleasure of the House to send those who yet pretended to favour the the message he suggested to the Lords, .prosecution. It arose from a flimsy, pre- the House might then have time to detervaricating, petty, peevish morality, that mine upon another message to the Lords, was incompatible with the dignity of pub- and it would then be to be determined dic justice. It was a base and scandalous whether they should require that the trial language; that should be disdained by that should be put off to a future day. If the House, when in the exercise of its accusa. Lords should be adjourned, it would then torial functions. The subject of, this trial be for the House to consider whether nad been attempted to be converted into a they could direct their managers to pro. subject of mirth, as well as made the theme ceed on the day appointed, and then inof compassion for the accused. These treat the Lords at the bar to put off the things were improper and inconsistent. trial to a future day; and afterwards to There never was any thing so dull as in- send a message to the Lords to induce sipid mirth, nor any thing so immoral as them to put off the trial still farther. This perverted morality. We heard complaint appeared to him to be the regular mode of and appeals to compassion on the part of proceeding; but he must observe that the a man who said he dreaded he should be a subject was such as to require an immebeggar, and who had been in India four- diate determination. teen years, enjoying in salaries and emolu- Mr. Burke acquiesced in the recomments the sum of 40,0001. a year. We mendation from the Chair. It was then heard these things without horror and as whispered that the
Lords were adjourned. tonishment. We heard a man appeal to Upon which, the Speaker said, that alcompassion for fear of his being reduced though the Lords had adjourned to-day, to beggary, when he himself had caused they would be in their own chamber in the two unfortunate women to be robbed of morning before they cameto Westminsterone million of money
hall, and a message might be delivered to Mr. Rolle called to order. He did not them then, and the message might be see that the right hon. gentleman was in agreed upon this evening, and might be order ; there was no question before the carried to the Lords, although the ComHouse
mons should not be sitting at that time.
: Mr. Dundas said, that he should not dignity, and take such steps as might lead feel himself encouraged to expect, that to the punishment of the propagators of any suggestion from him would induce the such scandalous calumny. He could have mind of the House to differ from the opi- wished to have confined his motion to the nion they had expressed yesterday. But person who uttered the words ; but he found he should now make another experiment, that to be impossible, and that he must and move that a message be sent to the move for the prosecution of the printer of Lords to request farther time. He then the paper in which they were reported. moved, “ That a message be sent to the Indeed, the printer had thought fit to make Lords, to acquaint their lordships, that comments on these words, and these comthe members of this House, appointed to ments were such as tended to justify the manage the impeachment against Warren language. Here Mr. Whitbread read the Hastings, esq. will be unable to proceed comments, and contended that the House on Monday next in their reply to the de- ought to take the matter up seriously, fence of the said Warren Hastings, esq. both with regard to the printer and the and therefore to desire that their lordships right reverend prelate; the one for the will allow further time for that purpose. comments, and the other for uttering the
Sir John Ingleby moved the standing words. That the archbishop had made use order of the House that strangers should of very scandalous expressions, he could withdraw. Strangers withdrew accordingly. prove; for he had been at the pains of proAfter a debate of considerable length, the curing a transcript from the short-hand House divided on Mr. Dundas's motion : writer's notes taken at the trial. They statTELLÈRS
ed, that after the examination by Mr.
Burke, of a witness on the 25th of May, the YEAS
SMr. Secretary Dundas
82 archbishop had said, “ Upon my word, my
lords, this proceeding is intolerable; the Mr. Rolle. Noes
46 gentleman at your bar is treated like a
pickpocket; and if Marat or Robespierre So it was resolved in the affirmative; were in the box, they could not conduct and lord Carysfort was ordered to carry themselves in a more improper manner the said message to the Lords,
than I have often witnessed in the course
of this trial.” This was the substance of June 10. The Lords took the message what the right reverend prelate had said. into consideration, and agreed to proceed Mr. Whitbread then expatiated on the in the trial on the second Tuesday in the impropriety and indecency of these exnext session of parliament.
pressions, and called upon the House to
support the managers and their own dig. Mr. Whitbread's Complaint of a Libel on nity. He should propose to address his the Managers of the Impeachment against majesty, praying that the attorney-gene. · Mr. Hastings]. June 12. Mr. Whitbread ral might be directed to prosecute the called the attention of the House to a printer of this paper, and then to institute newspaper, called “ The World,” dated an inquiry, in form, whether the words 'al. the 27th of May, containing a scandalous luded to had been uttered, when, where, reflection on the managers appointed by and by whom. that House to conduct the impeachment The Speaker suggested the propriety of against Mr. Hastings. It was there stated, following precedent upon this occcasion, that a right reverend prelate (the Arch and referred to the Journals of the 16th bishop of York) had said “ that it was of June, 1789,* where a prosecution had “ impossible for him to sit silent, to listen been instituted against the printer of The
to the illiberal conduct of the managers, World for scandalous reflections upon the that they examined a witness as if he House of Commons.
“ was not a witress, but a pickpocket; The Journals being read, and the paper .“ and that if Marat or Robespierre were now in question delivered in and read,
" there, they could not conduct the im- Mr. Whitbread moved, “ That the said - peachment in a morescandalous manner," paragraphs contain matter of a scandalous &c. This was highly indecorous, and an in- and libellous nature, reflecting on the consult not only on the managers, but also on duct of the members appointed by this the House of Commons itselt'; and they | House to manage the impeachment against could not expect the House to think highly Warren Hastings, esq. of them, if they did not vindicate their own
* See Vol. 28, p. 168,
Mr. Francis said, he rose to second the hierarchy, it is he. Now mark the return motion, and support it by a single obser- he receives. A right reverend prelate, a vation, suggested, perhaps, by resentment pious archbishop, a judge in the seat of for the wounded honour of the House, and judgment, a spiritual lord of parliament, of a particular friend, but leading, as he in the face of Europe and of the world, thought, to reflections materially con compares my right hon. friend to two of nected with the present subject. Ever the most abandoned and desperate ruffians since I have been concerned in the trans- that ever disgraced the cause of demoaction of public affairs, or indeed of any cracy-to Marat and Robespierre; and other, it has been my endeavour and prac- declares, that my right hon. friend is not a tice, taught me, perhaps by instruction bit better than either of them. Sir, he was and certainly confirmed by habit, to turn a wise man who said, “ Put not your trust every thing I read, or hear, or see, or ob- in princes.”' But, after this astonishing serve in the transactions of life, to the im- example, I think that man must be infatuprovement of my judgment, or to the di- ated, must be a fool indeed, who shall rection of my conduct. But I do solemnly hereafter put his trust in bishops. declare, that since I have had any know- Mr. Secretary Dundas said, that when ledge of history, or any acquaintance with men, supposed to be under the guidance human affairs, I never yet received such a of reason and judgment in an eminent deprudential lesson, as that which is convey- gree, yielded to the heat of their passions, ed to me, and to all men, through the me and said improper things, it only proved dium of my right hon. friend (Mr. Burke), that they had the frailties of other men, and by the fact which is now brought before ought to acknowledge it. He confessed you. It is not my intention to enter into that when he came to the circumstances of the praise or blame of any thing that has the present case, difficulties occurred to been said or done by my right hon. friend, him as to the manner in which the House much less to insist upon the eminence of should or could proceed. He had no he. his abilities, the extent of his knowledge, sitation in saying, that the managers of or the persevering application of his facul- the impeachment ought to have the proties, to every subject that engages his at- tection of the House; and he was glad to tention. The extraordinary endowments learn that Mr. Burke, who was in the box of his mind are too well known to require when these unhandsome expressions were or admit of illustration, by any thing I uttered, had behaved with such moderacould say of him. But there is one part tion as he did ; his conduct was very no. of his personal character which I must ble; he had put on as it were, a deafness take notice of, because it immediately con- upon the occasion, which formed an admicerns my present purpose. It is the well- rable contrast with the intemperance of known character of my right hon. friend, the other party. But although this was that in whatever he undertakes he does his opinion, yet he did not know how the nothing by halves, but every thing with House could, consistently with its dignity force and vehemence, and even in mat. proceed; they had no authentic mode by ters of less importance as the Italians call which they could make it appear upon it, con amore. He may be right or he may their records that the words were uttered. be wrong; but he is always in earnest. This complaint should have been made inQuodcunque vult valde vult.' There is no- stantly if at all. Supposing that House thing like double dealing, or hypocrisy, should complain to the other of these or prevarication in his character. When- words being spoken, the court before ever he takes part, he goes the full length which the trial was depending had adof his opinion.
You know the worst or journed for several months; and therefore the best of him. On one particular subject, no proceeding of any kind at this time we all remember with what zeal and ar- could be had from that court. With regard dour he declared himself. Never, never to the paper upon the table, the House since ranks and gradations have existed in might direct à prosecution against the society, has there appeared in the world printer; and then were they sure the jury an advocate so able, a champion so deter- would convict? If they should acquit the mined, in the cause of the upper orders in prisoner, the dignity of the House was so our constitution, as my right hon. friend. far lessened, because it would appear that He is a powerful advocate wherever he they were more jealous of their honour takes part. If ever there was a useful and than a jury of the country thought they ardent defender of nobility, of prelacy, of ought to be. This had happened before,