-The Lord Chief-Justice of the Court of
Common Pleas delivered the unanimous opinion of
the Judges upon the said question, -" That it is not
competent to the Managers for the Commons to examine the witness, Philip Francis, Esquire, to any account of the debate which was had on the 9th day of July, 1778, previous to the written minutes that appear upon the Consultation of that date," -- and
gave his reasons.
Common Pleas delivered the unanimous opinion of
the Judges upon the said question, -" That it is not
competent to the Managers for the Commons to examine the witness, Philip Francis, Esquire, to any account of the debate which was had on the 9th day of July, 1778, previous to the written minutes that appear upon the Consultation of that date," -- and
gave his reasons.
Edmund Burke
19.
? ? ? ? REPORT ON THE-LORDS' JOURNALS. - APPENDIX. 139
objection on his Majesty's behalf to what was prayed,
conceiving that those lords, not having made any escape since their conviction, were entitled to the benefit of the act, the House, after reading the clause
in the act relating to that matter,* agreed that they
should be allowed the benefit of the pardon, as to
their lives and liberties, and discharged their recognizances; and gave them leave to depart without further day given for their appearance. On the 6th of
December following, the like- proceedings were had,
and the like orders made, in;the case of Lord Nairn. 4
- I observe that the Lord- Chancellor did not ask these
lbrds what they had to say why execution should not
be awarded. There was, it is probable, some little
delicacy as to that point. But since the allowance of
the benefit of the act, as: to life and liberty, which
was all that was prayed, was an effectual bar to any
future imprisonment on that account, and also to execution, and might have been pleaded as such in any
court whatsoever, the whole proceeding must be admitted to have been in a court having complete jurisdiction in the case, notwithstanding the High, Steward's- commission had been long dissolved, -which is all the use I intended to' make of this case.
I will not recapitulate: the cases I have cited, and
the conclusions drawn from them, are brought into a
very narrow compass. I will only add, that it would
sound extremely harsh to say, that a court of criminal jurisdiction, founded in immemorial usage, and
held in judgment of law before the King himself, can
in any event whatever be under an utter, incapacity
of proceeding to trial and judgment, either of condemnation or acquittal, the ultimate objects of every
* See sect. 45 of the 3d Geo. I. t Lords' Journals.
? ? ? ? 140 IMPEACHMENT OF WARREN HASTINGS.
criminal proceeding, without certain supplemental
powers derived from the Crown.
These cases, with the observations I have made on
them, I hope sufficiently warrant the opinion of the
Judges upon that part of the second question, in the
case of the late Earl Ferrers, which I have already
mentioned, - and also what was advanced by the
Lord Chief-Baron in his argument on that question,
-" That, though the office of High Steward should
happen to determine before execution done according to the judgment, yet the- Court of the Peers in
Parliament, where that judgment was given, would
subsist for all the purposes of justice during the sitting of the Parliament," and consequently, that, in
the case supposed by the question, that court might
appoint a new day for the execution.
No. II.
QUESTIONS referred by the Lords to the Judges, in
the Impeachment of Warren Hastings, Esquire, and
the Answers of the Judges. -Extracted from the
Lords' Journals and Minutes.
First.
Question. - Whether, when a witness produced and
examined in a criminal proceeding by a prosecutor
disclaims all knowledge of any matter so interrogated, it be competent for such prosecutor to pursue such examination, by proposing a question containing the particulars of an answer supposed to
? ? ? ? REPORT ON THE LORDS' JOURNALS. - APPENDIX. 141 have been made by such witness before a committee of the House of Commons, or in any other place,
and by. demanding of him whether the particulars so suggested were not the answer he had so -made? 1788, February 29. - Pa& 418.
Answer. -The Lord Chief-Baron of the Court of
Exchequer delivered the unanimous opinion of the
Judges upon the question of law put to them on
Friday, the 29th of February last, as follows:" That, when a witness produced and examined in a criminal proceeding by a prosecutor disclaims all
knowledge of any matter so interrogated, it is not
competent for such prosecutor to pursue such examination, by proposing a question containing the. particulars of an answer supposed to have been made by such witness before a committee of the
House of Commons, or in any other place, and by
demanding of him whether the particulars so suggested were not the answer he had so made. "
1788, April 10. - Pa. 592.
Second.
Question. -Whether it be competent for the Managers to produce an examination taken without oath
by the rest of the Council in the absence of Mr.
Hastings, the Governor-General, charging Mr. Hlastings with corruptly receiving 3,54,105 rupees, which
examination came to his knowledge, and was by
him transmitted to the Court of Directors as a proceeding of the said Councillors, in order to introduce
the proof of his demeanor thereupon, --it being alleged by the Managers for the Commons, that he took
? ? ? ? 142 IMPEACHMENT OF WARREN HASTINGS.
no steps to clear himself, in the opinion of the said
Directors, of the guilt thereby imputed, but that he
took active means to prevent the examination by the
said Councillors of his servant Cantoo. Baboo. ?
1789, May 14. - Pa. 677.
Answer. - The Lord Chief-Baron. of the Court of
Exchequer delivered the unanimous opinion! of the
Judges upon the said question, in the. negative, -- and
gave his reasons. . 1789, May 20. -Pa. 718.
Third.
Question. -Whether the instructions from the Court
of Directors of the United Company of Merchants of
England trading to the East Indies, to Warren Hastings, Esquire, Governor-General, Lieutenant-General' John Clavering, the Honorable George Monson, Richard Barwell, Esquire, and Philip Francis, Esquire, Councillors, (constituted and appointed the GovernorGeneral and Council of the said United Company's Presidency of Fort William in Bengal, by an act of
Parliament passed in the last session, intituled, " An
act for establishing certain regulations for the better
management of the affairs of the East India Company,
as well in India as in Europe,") of the 29th of March,
1774, Par. 31, 32, and 35, the Consultation of the
11th March, 1775, the Consultation of the 13th of
March, 1775, up to the time that Mr. Hastings left
the Council, the Consultation of the 20th of March,
1775, the letter written. byMr. Hastings to the Court
of Directors on the 25th of March, 1775, (it being
alleged that Mr. Hastings took no steps to explain or
defend his conduct,) are sufficient to. introduce the
? ? ? ? REPORT ON THE LORDS' JOURNALS. -- APPENDIX. 143 examination of Nundcomar, or the proceedings of the rest of the Councillors, on said 13th of March, after Mr. Hastings left the Council, - such examination
and proceedings charging Mr. Hastings with corruptly receiving 3,54,105 rupees? 1789, May 21. - Pa. 730.
Answer. - The Lord Chief-Baron of the Court of
Exchequer delivered the unanimous opinion of the
Judges upon the said question, in the negative,- and
gave his reasons. 1789, May- 27. - Pa. 771.
Fourth.
Question. - Whether the public accounts of the Nizamut and Bhela, under the seal of the Begum, attested also by the Nabob, and transmitted by Mr. Goring to the Board of Council at Calcutta, in a letter bearing date the 29th June, 1775, received by them, recorded without objection on the pait of Mr. Hastings, and transmitted by him likewise without objection
to the Court of Directors, and alleged to contain accounts of money received by Mr. Hastings, - and it being in proof, that Mr. Hastings, on the 11th of
May, 1778, moved the Board to comply. with the
requisitions of the Nabob Mobarek ul Dowlah to reappoint the Munny Begum and Rajah Gourdas (who made up those accounts) to the respective offices they
before filled, and which was accordingly resolved by the Board, -- ought to be read?
1789, June 17. - Pa. 855.
Answer. The Lord Chief-Baron of the Court of Exchequer delivered the unanimous- opinion of the
? ? ? ? 144 IMPEACHMENT OF WARREN HASTINGS.
Judges upon the said question, in the negative, -and
gave his reasons. 1789, June 24. - Pa. 922.
Fiifth.
Question. - Whether the paper delivered by Sir Elijah Impey, on the 7th of July, 1775, in the Supreme Court, to the Secretary of the Supreme Council, in
order to be transmitted to the Council as the resolution of the Court in respect to the claim made for Roy Rada Churn, on account of his being vakeel of
the Nabob Mobarek ul Dowlah, --and which paper
was the subject of the deliberation of the Council on
the 31st July, 1775, Mr. Hastings being then present,
and was by them transmitted to the Court of Directors, as a ground for such instructions from the Court of Directors as the occasion might seem to require,may be admitted as evidence of the actual state and situation of the Nabob with reference to the English
government? 1789, July 2. - Pa. 1001.
Answer. - The Lord Chief-Baron of the Court of
Exchequer delivered the unanimous opinion of the
Judges upon the said question, in the affirmative,and gave his reasons. 1789, July 7. - Pa. 1030.
Sixth.
Question. -Whether it be or be not competent to
the Managers for the Commons to give evidence upon
the charge in the sixth article, to prove that the rent,
at which the defendant, Warren Hastings, let the
lands mentioned in the said sixth article of charge
to Kelleram, fell into arrear and was deficient, - and
? ? ? ? REPORT ON THE LORDS' JOURNALS. -APPENDIX. 145 whether, if proof were offered that the rent fell in arrear immediately after the letting, the evidence would in that case be competent?
1790, April 22. - Pa. 364.
Answer. - The Lord Chief-Baron of the Court of
Exchequer delivered the unanimous opinion of the
Judges upon the said question,-" That it is not
competent to the Managers for the Commons to give
evidence upon the charge in the sixth article, to prove
that the rent, at which the defendant, Warren Hastings, let the lands mentioned in the said sixth article
of charge to Kelleram, fell into arrear and was deficient," -and gave his reasons.
1790, April 27. - Pa. 388.
Seventh.
Question. - Whether it be competent for the Managers for the Commons to put the following question
to the witness, upon the sixth article of charge, viz. :
"What impression the letting of the lands to Kelleram and Cullian Sing made on the minds of the inhabitants of that country"? 1790, April 27. -Pa. 391.
Answer. - The Lord Chief-Baron of the Court of
Exchequer delivered the unanimous opinion of the
Judges upon the said question,-" That it is not
competent to the Managers for the Commons to put
the following question to the witness, upon the sixth
article of charge, viz. : What impression the letting
of the lands to Kelleram and Cullian Sing made on
the: minds of the inhabitants of that country," - and
gave his reasons. 1790, April 29. -Pa. 413.
VOL. XI. 10
? ? ? ? 146 IMPEACHMENT OF WARREN HASTINGS. -Eighth.
Question. - Whether it be competent to the Mana. gers for the Commons to put the following question to the witness, upon the seventh article of charge, viz. : "Whether more oppressions did actually exist under the new institution than under the old"? 1790, April 29. -Pa. 415.
Answer. - The Lord Chief-Baron of the Court of
Exchequer delivered the unanimous opinion of the
Judges upon the said question,-" That it is not
competent to the Managers for the Commons to put
the following question to the witness, upon the
seventh article of charge, viz. : Whether more oppressions did actually exist under the new institution than under the old," - and gave his reasons.
1790, May 4. - Pa. 428.
Ninth
Question. -- Whether the letter of the 13th April, 1781, can be given in evidence by the Managers for the Commons, to prove that the letter of the 5th of May, 1781, already given in evidence, relative to the abolition of the Provincial Council and the subsequent appointment of the Committee of Revenue, was false in any other particular than that which is charged in the seventh article of charge?
1790, May 20. '-Pa. 557.
Answer. - The Lord Chief-Baron of the Court of Exchequer delivered the unanimous opinion of the Judges upon the said question,-" That it is not competent for the Managers on the part of the Corm mons to give any evidence on the seventh article of
? ? ? ? REPORT ON THE LORDS' JOURNALS. - APPENDIX, 147 impeachment, to prove that the letter of the 5th of May, 1781, is false in any other particular than that wherein it is expressly charged to be false," -- and gave his reasons. 1790, June 2. -Pa. 634.
Tenth.
Question. -Whether it be competent to the Managers for the Commons to examine the witness to any
account of the debate which was had on the 9th day
of July, 1778, previous to the written minutes that
appear upon the Consdltation of that date?
1794, February 25. - Lords' Minutes.
Answer.
-The Lord Chief-Justice of the Court of
Common Pleas delivered the unanimous opinion of
the Judges upon the said question, -" That it is not
competent to the Managers for the Commons to examine the witness, Philip Francis, Esquire, to any account of the debate which was had on the 9th day of July, 1778, previous to the written minutes that appear upon the Consultation of that date," -- and
gave his reasons.
1794, February 27. - Lords' Minutes.
Eleventh.
Question. - Whether it is competent for the Managers for the Commons, in reply, to ask the witness,
whether, between the time of the original demand
being made upon Cheyt Sing and the period of the
witness's leaving Bengal, it was at any time in his
power to have reversed or put a stop to the demand
upon Cheyt Sing, -the same not being relative to any
matter originally given in evidence by the defendant?
1794, February 27. - Lords' Minutes.
? ? ? ? 148:IMPEACHMENT'OF WARREN HASTINGS.
Answer. - The Lord Chief-Justice of the Court of
Common Pleas delivered the unanimous opinion of
the Judges upon the said question, -" That it is not
competent for the Managers for the Commons to ask
the witness, whether, between the time of the original
demand being made upon Cheyt Sing and the period
of his leaving Bengal, it was at any time in his power
to have reversed or put a stop to the demand upon
Cheyt Sing, --the same not being relative to any
matter originally given in evidence by the defendant," - and gave his reasons.
1794, March 1. - Lords' Minutes.
Twelfth.
Question. - Whether a paper, read in the Court of
Directors on the 4th of November, 1783, and then
referred by them to the consideration of the Committee of the whole Court, and again read in the
Court of Directors on the 19th of November, 1783,
and amended and ordered by them to be published
for the information of the Proprietors, can be received in evidence, in reply, to rebut the evidence,
given by the defendant, of the thanks of the Court
of Directors, signified to him on the 28th of June,
1785? 1794, March 1. - Lords' Minutes.
Answer. - Whereupon the Lord Chief-Justice of
the Court of Common Pleas, having conferred with
the rest of the Judges present, delivered their unanimous opinion upon the said question, in the negative,- and gave his reasons. 1794, March 1. Lords' Minutes.
? ? ? ? REMARKS
IN
VINDICATION OF THE PRECEDING REPORT.
THE preceding Report was ordered to be printed for the
use of the members of the House. of Commons, and was
soon afterwards reprinted and published, in the shape of
a pamphlet, by a London bookseller. In the course of a
debate which took place in. the House of Lords, on Thursday, the 22d of May, 1794, on the Treason and Sedition Bills, Lord Thurlow took occasion to mention "a pamphlet
which his Lordship said was published by one Debrett, of
Piccadilly, and which had that day been put into his hands,
reflecting highly upon the Judges and many members of
that House. This pamphlet was, he said, scandalous and
indecent, and such as he thought ought not to pass unnoticed. He considered the vilifying and misrepresenting the conduct of judges and magistrates, intrusted with the
administration of justice and the laws of the country, to
be a crime of a very heinous nature, and most destructive
in its consequences, because it tended tolower them in the.
opinion of those who ought to feel a proper reverence and
respect for their high and important stations; and that,
when it was stated to the ignorant or the wicked that their
judges and magistrates were ignorant and corrupt, it tended
to lessen their respect for and obedience to the laws themselves, by teaching them to think ill of those who admin
? ? ? ? 150 IMPEACHMENT OF WARREN HASTINGS.
istered them. " On the next day Mr. Burke called the
attention of the House of Commons to this matter, in a
speech to the following effect.
MR. SPEAIKER, -- The license of the present
times makes it very difficult for us to talk upon certain subjects in which Parliamentary order is involved. It is difficult to speak of them with regularity, or to be silent with dignity and wisdom. All our proceedings have been constantly published, according to the discretion and ability of individuals out of doors, with impunity, almost ever since I came
into Parliament. By usage, the people have obtained something like a prescriptive right to this abuse. I do not justify it; but the abuse is now
grown so inveterate that to punish it without previous notice would have an appearance of hardship, if not injustice. The publications I allude to are
frequently erroneous as well as irregular, but they
are not always so; what they give as the reports
and resolutions of this House have sometimes been
given correctly. And it has not been uncommon
to attack the proceedings of the House itself under color of attacking these irregular publications. Notwithstanding, however, this colorable plea, this
House has in some instances proceeded to punish
the persons who have thus insulted it. You will
here, too, remark, Sir, that, when a complaint is
made of a piratical edition of a work, the authenticity of the original work is admitted, and whoever attacks the matter of the work itself in these unauthorized publications does not attack it less than
if he had attacked it in an edition authorized by
the writer.
? ? ? ? VINDICATION OF THE PRECEDING REPORT. 151
I understand, Sir, that in a place which I greatly
respect, and by a person for whom I have likewise
a great veneration, a pamphlet published by a Mr.
Debrett has been very heavily censured. That pamphlet, I hear, (for I have not read it,) purports to be
a Report made by one of your Committees to this
House. It has been censured, as I am told, by the
person and in the place I have mentioned, in very
harsh and very unqualified terms. It has been there
said, (and so far very truly,) that at all times, and
particularly at this time, it is necessary, for the preservation of order and the execution of the law, that
the characters and reputation of the Judges of the
Courts in Westminster Hall should be kept in the
highest degree of respect and reverence; and that in
this pamphlet, described by the name of a libel,. the
characters and conduct of those Judges upon a late
occasion have been aspersed, as arising from ignorance or corruption.
Sir, combining all the circumstances, I think it
impossible not to suppose that this speech does reflect upon a Report which, by an order of the Committee on which I served, I had the honor of presenting to this House. For anything improper in that Report I am responsible, as well as the members of
the Committee, to this House, and to this House
only. The matters contained in it, and the observa'
tions upon them, are submitted to the wisdom of the
House, that you may act upon both in the time and
manner that to your judgment may seem most expedient, -or that you may not act upon them at all,
if you should thinksthat most expedient for the public good. Your Committee has obeyed your orders;
it has done its duty in making that Report.
? ? ? ? 152 IMPEACHMENT OF WARREN HASTINGS. I am of opinion, with the eminent person by whom that Report is censured, that it is necessary at this
time very particularly that the authority of' Judges
should be preserved and'supported. This, however,
does not depend so much upon us as upon themselves. It is necessary to preserve the dignity and respect of all the constitutional authorities. This,
too, depends in part upon ourselves. It is necessary
to preserve the respect due to the House of Lords:
it is full as necessary to preserve the respect due to
the House of Commons, upon which (whatever may
be thought of us by some persons) the weight and
force of all other authorities within this kingdom
essentially depend. If the power of the House'of
Commons be degraded or enervated, no other can
stand. We must be true to ourselves. We ought to
animadvert upon any of our members who abuse the
trust we place in them; we must support those who,
without regard to consequences, perform their duty.
With regard to the matter which I am now submitting to your consideration, I must say for your Committee of Managers and for myself, that the
Report was deliberately made, and does not,:as I conceive, contain any very material error, nor any undue or indecent reflection upon any person or persons
whatever. It does not accuse the Judges of ignorance or corruption. Whatever it says it does not
say calumniously. That kind of language belongs
to persons whose eloquence entitles them to a free use of epithets. The Report states that the Judges had given their opinions secretly, contrary to the almost uninterrupted tenor of Parliamentary usage on such occasions. It states that the mode of giving the opinions was unprecedented, and contrary to the
? ? ? ? VINDICATION OF THE PRECEDING REPORT. 153 privileges of the House of Commons. It states that the Committee did not know upon what rules and principles the Judges had decided upon those cases, as they neither heard their opinions delivered, nor have found them entered upon the Journals of the House of Lords. It is very true that we were and
are extremely dissatisfied with those opinions, and
the consequent determinations of the Lords; and we
do not think such a mode of proceeding at all justified by the most numerous and the best precedents. None of these sentiments is the Committee, as I
conceive, (and I feel as little as any of them,) disposed to retract, or to soften in the smallest degree. The ]Report speaks for itself. Whenever an occasion shall be regularly given to maintain everything
of substance in that paper, I shall be ready to meet
the proudest name for ability, learning, or rank that
this kingdom contains, upon that subject. Do I say
this from any confidence in myself? Far from it.
It is from my confidence in our cause, and in the
ability, the learning, and the constitutional principles
which this House contains within itself, and which I
hope it will ever contain,- and in the assistance
which it will not fail to afford to those who with
good intention do their best to maintain the essential
privileges of the House, the ancient law of Parliament, and the public justice of this kingdom.
No reply or observation was made on the subject by any
other member, nor was any farther notice taken of it in the
House of Lords.
? ? ? ? SPEE CH ES
IN
THE. IMPEACHMENT
OF
WARREN HASTINGS, ESQUIRE,
LATE GOVERNOR-GENERAL OF BENGAL. SPEECH IN GENERAL REPLY.
MAY AND TUNE, I794.
? ? ? ? SPEECH
GENERAL REPLY.
FIRST DAY: WEDNESDAY, - MAY 28, 1794.
M Y LORDS, - This business, which has so long
employed the public councils of this kingdom,
so long employed the greatest and most august of its
tribunals, now approaches to a close. The wreck
and fragments of our cause (which has been dashed
to pieces upon rules by which your Lordships have
thought fit to regulate its progress) await your. final
determination. Enough, however, of the matter is
left to call for the most exemplary punishment that
any tribunal ever inflicted upon any criminal. And
yet, my:Lords, the prisoner, by the plan of his defence, demands not only an escape, but a triumph.
It is not enough for him. to be acquitted: the Commons of Great Britain must be condemned; and your Lordships must be the instruments of his glory and
of our disgrace. This is the issue upon which he has
put this cause, and the issue upon which we are
obliged to take it now, and to provide for it hereafter.
My Lords, I confess that at this critical moment I
feel myself oppressed with an anxiety that no words
can adequately express. The effect of all our labors,
the result of all our inquiries, is now to be ascertained. You, my Lords, are now to determine, not
only whether all these labors have been vain and
fruitless, but whether we have abused so long the
? ? ? ? 158 IMPEACHMENT OF WARREN HASTINGS.
public patience of our country, and so long oppressed
merit, instead of avenging crime. I confess I tremble,
when I consider that your judgment is now going to
be passed, not on the culprit at your bar, but upon
the House of Commons itself, and upon the public
justice of this kingdom, as represented in this great
tribunal. It is not that culprit who is upon trial;
it is the House of Commons that is upon its trial, it
is the House of Lords that is upon its trial, it is the
British nation that is upon its trial before all other
nations, before the present generation, and before a
long, long posterity.
My Lords, I should be ashamed, if at this moment
I attempted to use any sort of rhetorical blandishments whatever. Such artifices would neither be
suitable to the body that I represent, to the cause
which I sustain, or to my own individual disposition,
upon such an occasion. My Lords, we know very
well what these fallacious blandishments too frequently are. We know that they are used to captivate the
benevolence of the court, and to conciliate the affections of the tribunal rather. to the person than to the
cause. We know that they are used to stifle the remonstrances of conscience in the judge, and to reconcile it to the violation of his duty. We likewise know that they are too often used in great and important
causes (and more particularly in causes like this) to
reconcile the prosecutor to the powerful factions of a
protected criminal, and to the injury of those who
have suffered by his crimes, -thus inducing all parties to separate in a kind of good humor, as if they
had nothing more than a verbal dispute to settle, or a
slight quarrel over a table to compromise. All this
may now be done at the expense of the persons
? ? ? ? SPEECH IN REPLY. -FIRST DAY. 159
whose cause we pretend to. espouse. We may all
part, my Lords, with the most perfect complacency
and entire good humor towards one another, while
nations, whole suffering nations, are left to beat the
empty air with cries of misery and anguish, and to
cast forth to an offended heaven the imprecations of
disappointment and despair.
One of the counsel for the prisoner (I think it was
one who has'comported himself in this cause with
decency) has told your Lordships that we have come
here on account of some doubts entertained in the
House -of Commons concerning the conduct of the
prisoner at your bar, - that we shall be extremely
delighted, when his defence and your Lordships' judgment shall have set him free, and shall have discovered to us our error, - that we shall then mutually congratulate one another,- and that the Commons,
and the Managers who represent them here, will be
the first to rejoice in so happy an event and so fortunate a discovery.
Far, far from the Commons of Great Britain be all
manner of real vice; but ten thousand times further
from them, as far as from pole to pole, be the whole
tribe of false, spurious, affected, counterfeit, hypocritical virtues! These are the things which are ten
times more at war with real virtue, these are the
things which are tell times more at war with real
duty, than any vice known by its name and distinguished by its proper character. My Lords, far from
us, I will add, be that false and affected candor that
is eternally in treaty with crime, that half virtue,
which, like the ambiguous animal that flies about
in the twilight of a compromise between day and
night, is to a just man's eye an odious and disgust
? ? ? ? ~ 60 IMPEACHMENT OF WARREN HASTINGS.
ing thing! There is no middle point in which the
-Commons of Great Britain can meet tyranny and
oppression. No, we never shall (nor can we coln-:ceive that we ever should) pass from this bar, without indignation, without rage and despair, if the House of Commons should, upon such a defence as
has here been made against such a charge as they
have produced, be foiled, baffled, and defeated. No,
my Lords, we never could forget it i a long, lasting, deep, bitter memory of it would sink into our
minds.
My Lords, the Commons of Great Britain have no
doubt upon this subject. We came hither to call for
justice, not to solve a problem; and if justice be denied us, the accused is not acquitted, but the tribunal
is condemned. We know that this man is guilty of
all the crimes which he stands accused of by us. We
have not come here to you, in the rash heat of a day,
with that fervor which sometimes prevails in popular
assemblies, and frequently misleads them. No: if
we have been guilty of error in this cause, it is
a deliberate error, the fruit of long, laborious inquiry, - an error founded on a procedure in Parliament before we came here, the most minute, the most circumstantial, and the most cautious that ever was
instituted. Instead of coming, as we did in Lord
Strafford's case, and in some others, voting the impeachment and bringing it up on the same day, this
impeachment was voted from a general sense prevailing in the House of Mr. Hastings's criminality
after an investigation begun in the year 1780, and
which produced in 1782 a body of resolutions cond. emnatory of almost the whole of his conduct. Those
resolutions: were formed by the Lord Advocate of
? ? ? ? SPEECH IN REPLY. -FIRST DAY. 161
Scotland, and carried in our House by the. unanimous consent of all parties: I mean the then Lord
Advocate of Scotland, -- now one of his Majesty's
principal Secretaries of State, and at the head of this
very Indian department. Afterwards, when this defendant came home, in the year 1785, we reinstituted our inquiry. We instituted it, as your Lordships and the world know, at his own request, made to us
by his agent, then a member of our House. We entered into it at large; we deliberately moved for every paper which promised information on the subject. These papers were not only produced on the part of
the prosecution, as is the case before grand juries, but
the friends of the prisoner produced every document
which they could produce for his justification. We
called all the witnesses which could enlighten us in
the cause, and the friends of the prisoner likewise
called every witness that could possibly throw any
light in his favor. After all these long deliberations,
we referred the whole to a committee. When it had.
gone through that committee, and we thought it in a
fit state to be digested into these charges, we referred
the matter to another committee; and the result of
that long examination and the labor of these committees is the impeachment now at your bar.
If, therefore, we are defeated here, we cannot plead
for ourselves that we have done this from a sudden
gust of passion, which sometimes agitates and sometimes misleads the most grave popular assemblies.
No: it is either the fair result, of twenty-two years'
deliberation that we bring before you, or what the
prisoner says is just and true, - that nothing but
malice in the Commons of Great Britain could possibly produce such an accusation as the fruit of such
VOL. XI. 11
? ? ? ? 162 IMPEACHMENT OF WARREN HASTINGS.
an inquiry. My Lords, we admit this statement, we
are at issue upon this point; and we are now before
your Lordships, who are to determine whether this
man has abused his power in India for fourteen years,
or whether the Commojns has abused their power of
inquiry, made a mock of their inquisitorial authority,
and turned it to purposes of private malice and revenge. We are not come here to compromise matters; we do not admit [do admit? ] that our fame, our honors, nay, the very inquisitorial power of the House
of Commons is gone, if this man be not guilty.
My Lords, great and powerful as the House of
Commons is, (and great and powerful I hope it always will remain,) yet we cannot be insensible to the
effects produced by the introduction of forty millions
of money into this country from India. We know
that the private fortunes which have been made there
pervade this kingdom so universally that there is
not a single parish in it unoccupied by the partisans
of the defendant.
? ? ? ? REPORT ON THE-LORDS' JOURNALS. - APPENDIX. 139
objection on his Majesty's behalf to what was prayed,
conceiving that those lords, not having made any escape since their conviction, were entitled to the benefit of the act, the House, after reading the clause
in the act relating to that matter,* agreed that they
should be allowed the benefit of the pardon, as to
their lives and liberties, and discharged their recognizances; and gave them leave to depart without further day given for their appearance. On the 6th of
December following, the like- proceedings were had,
and the like orders made, in;the case of Lord Nairn. 4
- I observe that the Lord- Chancellor did not ask these
lbrds what they had to say why execution should not
be awarded. There was, it is probable, some little
delicacy as to that point. But since the allowance of
the benefit of the act, as: to life and liberty, which
was all that was prayed, was an effectual bar to any
future imprisonment on that account, and also to execution, and might have been pleaded as such in any
court whatsoever, the whole proceeding must be admitted to have been in a court having complete jurisdiction in the case, notwithstanding the High, Steward's- commission had been long dissolved, -which is all the use I intended to' make of this case.
I will not recapitulate: the cases I have cited, and
the conclusions drawn from them, are brought into a
very narrow compass. I will only add, that it would
sound extremely harsh to say, that a court of criminal jurisdiction, founded in immemorial usage, and
held in judgment of law before the King himself, can
in any event whatever be under an utter, incapacity
of proceeding to trial and judgment, either of condemnation or acquittal, the ultimate objects of every
* See sect. 45 of the 3d Geo. I. t Lords' Journals.
? ? ? ? 140 IMPEACHMENT OF WARREN HASTINGS.
criminal proceeding, without certain supplemental
powers derived from the Crown.
These cases, with the observations I have made on
them, I hope sufficiently warrant the opinion of the
Judges upon that part of the second question, in the
case of the late Earl Ferrers, which I have already
mentioned, - and also what was advanced by the
Lord Chief-Baron in his argument on that question,
-" That, though the office of High Steward should
happen to determine before execution done according to the judgment, yet the- Court of the Peers in
Parliament, where that judgment was given, would
subsist for all the purposes of justice during the sitting of the Parliament," and consequently, that, in
the case supposed by the question, that court might
appoint a new day for the execution.
No. II.
QUESTIONS referred by the Lords to the Judges, in
the Impeachment of Warren Hastings, Esquire, and
the Answers of the Judges. -Extracted from the
Lords' Journals and Minutes.
First.
Question. - Whether, when a witness produced and
examined in a criminal proceeding by a prosecutor
disclaims all knowledge of any matter so interrogated, it be competent for such prosecutor to pursue such examination, by proposing a question containing the particulars of an answer supposed to
? ? ? ? REPORT ON THE LORDS' JOURNALS. - APPENDIX. 141 have been made by such witness before a committee of the House of Commons, or in any other place,
and by. demanding of him whether the particulars so suggested were not the answer he had so -made? 1788, February 29. - Pa& 418.
Answer. -The Lord Chief-Baron of the Court of
Exchequer delivered the unanimous opinion of the
Judges upon the question of law put to them on
Friday, the 29th of February last, as follows:" That, when a witness produced and examined in a criminal proceeding by a prosecutor disclaims all
knowledge of any matter so interrogated, it is not
competent for such prosecutor to pursue such examination, by proposing a question containing the. particulars of an answer supposed to have been made by such witness before a committee of the
House of Commons, or in any other place, and by
demanding of him whether the particulars so suggested were not the answer he had so made. "
1788, April 10. - Pa. 592.
Second.
Question. -Whether it be competent for the Managers to produce an examination taken without oath
by the rest of the Council in the absence of Mr.
Hastings, the Governor-General, charging Mr. Hlastings with corruptly receiving 3,54,105 rupees, which
examination came to his knowledge, and was by
him transmitted to the Court of Directors as a proceeding of the said Councillors, in order to introduce
the proof of his demeanor thereupon, --it being alleged by the Managers for the Commons, that he took
? ? ? ? 142 IMPEACHMENT OF WARREN HASTINGS.
no steps to clear himself, in the opinion of the said
Directors, of the guilt thereby imputed, but that he
took active means to prevent the examination by the
said Councillors of his servant Cantoo. Baboo. ?
1789, May 14. - Pa. 677.
Answer. - The Lord Chief-Baron. of the Court of
Exchequer delivered the unanimous opinion! of the
Judges upon the said question, in the. negative, -- and
gave his reasons. . 1789, May 20. -Pa. 718.
Third.
Question. -Whether the instructions from the Court
of Directors of the United Company of Merchants of
England trading to the East Indies, to Warren Hastings, Esquire, Governor-General, Lieutenant-General' John Clavering, the Honorable George Monson, Richard Barwell, Esquire, and Philip Francis, Esquire, Councillors, (constituted and appointed the GovernorGeneral and Council of the said United Company's Presidency of Fort William in Bengal, by an act of
Parliament passed in the last session, intituled, " An
act for establishing certain regulations for the better
management of the affairs of the East India Company,
as well in India as in Europe,") of the 29th of March,
1774, Par. 31, 32, and 35, the Consultation of the
11th March, 1775, the Consultation of the 13th of
March, 1775, up to the time that Mr. Hastings left
the Council, the Consultation of the 20th of March,
1775, the letter written. byMr. Hastings to the Court
of Directors on the 25th of March, 1775, (it being
alleged that Mr. Hastings took no steps to explain or
defend his conduct,) are sufficient to. introduce the
? ? ? ? REPORT ON THE LORDS' JOURNALS. -- APPENDIX. 143 examination of Nundcomar, or the proceedings of the rest of the Councillors, on said 13th of March, after Mr. Hastings left the Council, - such examination
and proceedings charging Mr. Hastings with corruptly receiving 3,54,105 rupees? 1789, May 21. - Pa. 730.
Answer. - The Lord Chief-Baron of the Court of
Exchequer delivered the unanimous opinion of the
Judges upon the said question, in the negative,- and
gave his reasons. 1789, May- 27. - Pa. 771.
Fourth.
Question. - Whether the public accounts of the Nizamut and Bhela, under the seal of the Begum, attested also by the Nabob, and transmitted by Mr. Goring to the Board of Council at Calcutta, in a letter bearing date the 29th June, 1775, received by them, recorded without objection on the pait of Mr. Hastings, and transmitted by him likewise without objection
to the Court of Directors, and alleged to contain accounts of money received by Mr. Hastings, - and it being in proof, that Mr. Hastings, on the 11th of
May, 1778, moved the Board to comply. with the
requisitions of the Nabob Mobarek ul Dowlah to reappoint the Munny Begum and Rajah Gourdas (who made up those accounts) to the respective offices they
before filled, and which was accordingly resolved by the Board, -- ought to be read?
1789, June 17. - Pa. 855.
Answer. The Lord Chief-Baron of the Court of Exchequer delivered the unanimous- opinion of the
? ? ? ? 144 IMPEACHMENT OF WARREN HASTINGS.
Judges upon the said question, in the negative, -and
gave his reasons. 1789, June 24. - Pa. 922.
Fiifth.
Question. - Whether the paper delivered by Sir Elijah Impey, on the 7th of July, 1775, in the Supreme Court, to the Secretary of the Supreme Council, in
order to be transmitted to the Council as the resolution of the Court in respect to the claim made for Roy Rada Churn, on account of his being vakeel of
the Nabob Mobarek ul Dowlah, --and which paper
was the subject of the deliberation of the Council on
the 31st July, 1775, Mr. Hastings being then present,
and was by them transmitted to the Court of Directors, as a ground for such instructions from the Court of Directors as the occasion might seem to require,may be admitted as evidence of the actual state and situation of the Nabob with reference to the English
government? 1789, July 2. - Pa. 1001.
Answer. - The Lord Chief-Baron of the Court of
Exchequer delivered the unanimous opinion of the
Judges upon the said question, in the affirmative,and gave his reasons. 1789, July 7. - Pa. 1030.
Sixth.
Question. -Whether it be or be not competent to
the Managers for the Commons to give evidence upon
the charge in the sixth article, to prove that the rent,
at which the defendant, Warren Hastings, let the
lands mentioned in the said sixth article of charge
to Kelleram, fell into arrear and was deficient, - and
? ? ? ? REPORT ON THE LORDS' JOURNALS. -APPENDIX. 145 whether, if proof were offered that the rent fell in arrear immediately after the letting, the evidence would in that case be competent?
1790, April 22. - Pa. 364.
Answer. - The Lord Chief-Baron of the Court of
Exchequer delivered the unanimous opinion of the
Judges upon the said question,-" That it is not
competent to the Managers for the Commons to give
evidence upon the charge in the sixth article, to prove
that the rent, at which the defendant, Warren Hastings, let the lands mentioned in the said sixth article
of charge to Kelleram, fell into arrear and was deficient," -and gave his reasons.
1790, April 27. - Pa. 388.
Seventh.
Question. - Whether it be competent for the Managers for the Commons to put the following question
to the witness, upon the sixth article of charge, viz. :
"What impression the letting of the lands to Kelleram and Cullian Sing made on the minds of the inhabitants of that country"? 1790, April 27. -Pa. 391.
Answer. - The Lord Chief-Baron of the Court of
Exchequer delivered the unanimous opinion of the
Judges upon the said question,-" That it is not
competent to the Managers for the Commons to put
the following question to the witness, upon the sixth
article of charge, viz. : What impression the letting
of the lands to Kelleram and Cullian Sing made on
the: minds of the inhabitants of that country," - and
gave his reasons. 1790, April 29. -Pa. 413.
VOL. XI. 10
? ? ? ? 146 IMPEACHMENT OF WARREN HASTINGS. -Eighth.
Question. - Whether it be competent to the Mana. gers for the Commons to put the following question to the witness, upon the seventh article of charge, viz. : "Whether more oppressions did actually exist under the new institution than under the old"? 1790, April 29. -Pa. 415.
Answer. - The Lord Chief-Baron of the Court of
Exchequer delivered the unanimous opinion of the
Judges upon the said question,-" That it is not
competent to the Managers for the Commons to put
the following question to the witness, upon the
seventh article of charge, viz. : Whether more oppressions did actually exist under the new institution than under the old," - and gave his reasons.
1790, May 4. - Pa. 428.
Ninth
Question. -- Whether the letter of the 13th April, 1781, can be given in evidence by the Managers for the Commons, to prove that the letter of the 5th of May, 1781, already given in evidence, relative to the abolition of the Provincial Council and the subsequent appointment of the Committee of Revenue, was false in any other particular than that which is charged in the seventh article of charge?
1790, May 20. '-Pa. 557.
Answer. - The Lord Chief-Baron of the Court of Exchequer delivered the unanimous opinion of the Judges upon the said question,-" That it is not competent for the Managers on the part of the Corm mons to give any evidence on the seventh article of
? ? ? ? REPORT ON THE LORDS' JOURNALS. - APPENDIX, 147 impeachment, to prove that the letter of the 5th of May, 1781, is false in any other particular than that wherein it is expressly charged to be false," -- and gave his reasons. 1790, June 2. -Pa. 634.
Tenth.
Question. -Whether it be competent to the Managers for the Commons to examine the witness to any
account of the debate which was had on the 9th day
of July, 1778, previous to the written minutes that
appear upon the Consdltation of that date?
1794, February 25. - Lords' Minutes.
Answer.
-The Lord Chief-Justice of the Court of
Common Pleas delivered the unanimous opinion of
the Judges upon the said question, -" That it is not
competent to the Managers for the Commons to examine the witness, Philip Francis, Esquire, to any account of the debate which was had on the 9th day of July, 1778, previous to the written minutes that appear upon the Consultation of that date," -- and
gave his reasons.
1794, February 27. - Lords' Minutes.
Eleventh.
Question. - Whether it is competent for the Managers for the Commons, in reply, to ask the witness,
whether, between the time of the original demand
being made upon Cheyt Sing and the period of the
witness's leaving Bengal, it was at any time in his
power to have reversed or put a stop to the demand
upon Cheyt Sing, -the same not being relative to any
matter originally given in evidence by the defendant?
1794, February 27. - Lords' Minutes.
? ? ? ? 148:IMPEACHMENT'OF WARREN HASTINGS.
Answer. - The Lord Chief-Justice of the Court of
Common Pleas delivered the unanimous opinion of
the Judges upon the said question, -" That it is not
competent for the Managers for the Commons to ask
the witness, whether, between the time of the original
demand being made upon Cheyt Sing and the period
of his leaving Bengal, it was at any time in his power
to have reversed or put a stop to the demand upon
Cheyt Sing, --the same not being relative to any
matter originally given in evidence by the defendant," - and gave his reasons.
1794, March 1. - Lords' Minutes.
Twelfth.
Question. - Whether a paper, read in the Court of
Directors on the 4th of November, 1783, and then
referred by them to the consideration of the Committee of the whole Court, and again read in the
Court of Directors on the 19th of November, 1783,
and amended and ordered by them to be published
for the information of the Proprietors, can be received in evidence, in reply, to rebut the evidence,
given by the defendant, of the thanks of the Court
of Directors, signified to him on the 28th of June,
1785? 1794, March 1. - Lords' Minutes.
Answer. - Whereupon the Lord Chief-Justice of
the Court of Common Pleas, having conferred with
the rest of the Judges present, delivered their unanimous opinion upon the said question, in the negative,- and gave his reasons. 1794, March 1. Lords' Minutes.
? ? ? ? REMARKS
IN
VINDICATION OF THE PRECEDING REPORT.
THE preceding Report was ordered to be printed for the
use of the members of the House. of Commons, and was
soon afterwards reprinted and published, in the shape of
a pamphlet, by a London bookseller. In the course of a
debate which took place in. the House of Lords, on Thursday, the 22d of May, 1794, on the Treason and Sedition Bills, Lord Thurlow took occasion to mention "a pamphlet
which his Lordship said was published by one Debrett, of
Piccadilly, and which had that day been put into his hands,
reflecting highly upon the Judges and many members of
that House. This pamphlet was, he said, scandalous and
indecent, and such as he thought ought not to pass unnoticed. He considered the vilifying and misrepresenting the conduct of judges and magistrates, intrusted with the
administration of justice and the laws of the country, to
be a crime of a very heinous nature, and most destructive
in its consequences, because it tended tolower them in the.
opinion of those who ought to feel a proper reverence and
respect for their high and important stations; and that,
when it was stated to the ignorant or the wicked that their
judges and magistrates were ignorant and corrupt, it tended
to lessen their respect for and obedience to the laws themselves, by teaching them to think ill of those who admin
? ? ? ? 150 IMPEACHMENT OF WARREN HASTINGS.
istered them. " On the next day Mr. Burke called the
attention of the House of Commons to this matter, in a
speech to the following effect.
MR. SPEAIKER, -- The license of the present
times makes it very difficult for us to talk upon certain subjects in which Parliamentary order is involved. It is difficult to speak of them with regularity, or to be silent with dignity and wisdom. All our proceedings have been constantly published, according to the discretion and ability of individuals out of doors, with impunity, almost ever since I came
into Parliament. By usage, the people have obtained something like a prescriptive right to this abuse. I do not justify it; but the abuse is now
grown so inveterate that to punish it without previous notice would have an appearance of hardship, if not injustice. The publications I allude to are
frequently erroneous as well as irregular, but they
are not always so; what they give as the reports
and resolutions of this House have sometimes been
given correctly. And it has not been uncommon
to attack the proceedings of the House itself under color of attacking these irregular publications. Notwithstanding, however, this colorable plea, this
House has in some instances proceeded to punish
the persons who have thus insulted it. You will
here, too, remark, Sir, that, when a complaint is
made of a piratical edition of a work, the authenticity of the original work is admitted, and whoever attacks the matter of the work itself in these unauthorized publications does not attack it less than
if he had attacked it in an edition authorized by
the writer.
? ? ? ? VINDICATION OF THE PRECEDING REPORT. 151
I understand, Sir, that in a place which I greatly
respect, and by a person for whom I have likewise
a great veneration, a pamphlet published by a Mr.
Debrett has been very heavily censured. That pamphlet, I hear, (for I have not read it,) purports to be
a Report made by one of your Committees to this
House. It has been censured, as I am told, by the
person and in the place I have mentioned, in very
harsh and very unqualified terms. It has been there
said, (and so far very truly,) that at all times, and
particularly at this time, it is necessary, for the preservation of order and the execution of the law, that
the characters and reputation of the Judges of the
Courts in Westminster Hall should be kept in the
highest degree of respect and reverence; and that in
this pamphlet, described by the name of a libel,. the
characters and conduct of those Judges upon a late
occasion have been aspersed, as arising from ignorance or corruption.
Sir, combining all the circumstances, I think it
impossible not to suppose that this speech does reflect upon a Report which, by an order of the Committee on which I served, I had the honor of presenting to this House. For anything improper in that Report I am responsible, as well as the members of
the Committee, to this House, and to this House
only. The matters contained in it, and the observa'
tions upon them, are submitted to the wisdom of the
House, that you may act upon both in the time and
manner that to your judgment may seem most expedient, -or that you may not act upon them at all,
if you should thinksthat most expedient for the public good. Your Committee has obeyed your orders;
it has done its duty in making that Report.
? ? ? ? 152 IMPEACHMENT OF WARREN HASTINGS. I am of opinion, with the eminent person by whom that Report is censured, that it is necessary at this
time very particularly that the authority of' Judges
should be preserved and'supported. This, however,
does not depend so much upon us as upon themselves. It is necessary to preserve the dignity and respect of all the constitutional authorities. This,
too, depends in part upon ourselves. It is necessary
to preserve the respect due to the House of Lords:
it is full as necessary to preserve the respect due to
the House of Commons, upon which (whatever may
be thought of us by some persons) the weight and
force of all other authorities within this kingdom
essentially depend. If the power of the House'of
Commons be degraded or enervated, no other can
stand. We must be true to ourselves. We ought to
animadvert upon any of our members who abuse the
trust we place in them; we must support those who,
without regard to consequences, perform their duty.
With regard to the matter which I am now submitting to your consideration, I must say for your Committee of Managers and for myself, that the
Report was deliberately made, and does not,:as I conceive, contain any very material error, nor any undue or indecent reflection upon any person or persons
whatever. It does not accuse the Judges of ignorance or corruption. Whatever it says it does not
say calumniously. That kind of language belongs
to persons whose eloquence entitles them to a free use of epithets. The Report states that the Judges had given their opinions secretly, contrary to the almost uninterrupted tenor of Parliamentary usage on such occasions. It states that the mode of giving the opinions was unprecedented, and contrary to the
? ? ? ? VINDICATION OF THE PRECEDING REPORT. 153 privileges of the House of Commons. It states that the Committee did not know upon what rules and principles the Judges had decided upon those cases, as they neither heard their opinions delivered, nor have found them entered upon the Journals of the House of Lords. It is very true that we were and
are extremely dissatisfied with those opinions, and
the consequent determinations of the Lords; and we
do not think such a mode of proceeding at all justified by the most numerous and the best precedents. None of these sentiments is the Committee, as I
conceive, (and I feel as little as any of them,) disposed to retract, or to soften in the smallest degree. The ]Report speaks for itself. Whenever an occasion shall be regularly given to maintain everything
of substance in that paper, I shall be ready to meet
the proudest name for ability, learning, or rank that
this kingdom contains, upon that subject. Do I say
this from any confidence in myself? Far from it.
It is from my confidence in our cause, and in the
ability, the learning, and the constitutional principles
which this House contains within itself, and which I
hope it will ever contain,- and in the assistance
which it will not fail to afford to those who with
good intention do their best to maintain the essential
privileges of the House, the ancient law of Parliament, and the public justice of this kingdom.
No reply or observation was made on the subject by any
other member, nor was any farther notice taken of it in the
House of Lords.
? ? ? ? SPEE CH ES
IN
THE. IMPEACHMENT
OF
WARREN HASTINGS, ESQUIRE,
LATE GOVERNOR-GENERAL OF BENGAL. SPEECH IN GENERAL REPLY.
MAY AND TUNE, I794.
? ? ? ? SPEECH
GENERAL REPLY.
FIRST DAY: WEDNESDAY, - MAY 28, 1794.
M Y LORDS, - This business, which has so long
employed the public councils of this kingdom,
so long employed the greatest and most august of its
tribunals, now approaches to a close. The wreck
and fragments of our cause (which has been dashed
to pieces upon rules by which your Lordships have
thought fit to regulate its progress) await your. final
determination. Enough, however, of the matter is
left to call for the most exemplary punishment that
any tribunal ever inflicted upon any criminal. And
yet, my:Lords, the prisoner, by the plan of his defence, demands not only an escape, but a triumph.
It is not enough for him. to be acquitted: the Commons of Great Britain must be condemned; and your Lordships must be the instruments of his glory and
of our disgrace. This is the issue upon which he has
put this cause, and the issue upon which we are
obliged to take it now, and to provide for it hereafter.
My Lords, I confess that at this critical moment I
feel myself oppressed with an anxiety that no words
can adequately express. The effect of all our labors,
the result of all our inquiries, is now to be ascertained. You, my Lords, are now to determine, not
only whether all these labors have been vain and
fruitless, but whether we have abused so long the
? ? ? ? 158 IMPEACHMENT OF WARREN HASTINGS.
public patience of our country, and so long oppressed
merit, instead of avenging crime. I confess I tremble,
when I consider that your judgment is now going to
be passed, not on the culprit at your bar, but upon
the House of Commons itself, and upon the public
justice of this kingdom, as represented in this great
tribunal. It is not that culprit who is upon trial;
it is the House of Commons that is upon its trial, it
is the House of Lords that is upon its trial, it is the
British nation that is upon its trial before all other
nations, before the present generation, and before a
long, long posterity.
My Lords, I should be ashamed, if at this moment
I attempted to use any sort of rhetorical blandishments whatever. Such artifices would neither be
suitable to the body that I represent, to the cause
which I sustain, or to my own individual disposition,
upon such an occasion. My Lords, we know very
well what these fallacious blandishments too frequently are. We know that they are used to captivate the
benevolence of the court, and to conciliate the affections of the tribunal rather. to the person than to the
cause. We know that they are used to stifle the remonstrances of conscience in the judge, and to reconcile it to the violation of his duty. We likewise know that they are too often used in great and important
causes (and more particularly in causes like this) to
reconcile the prosecutor to the powerful factions of a
protected criminal, and to the injury of those who
have suffered by his crimes, -thus inducing all parties to separate in a kind of good humor, as if they
had nothing more than a verbal dispute to settle, or a
slight quarrel over a table to compromise. All this
may now be done at the expense of the persons
? ? ? ? SPEECH IN REPLY. -FIRST DAY. 159
whose cause we pretend to. espouse. We may all
part, my Lords, with the most perfect complacency
and entire good humor towards one another, while
nations, whole suffering nations, are left to beat the
empty air with cries of misery and anguish, and to
cast forth to an offended heaven the imprecations of
disappointment and despair.
One of the counsel for the prisoner (I think it was
one who has'comported himself in this cause with
decency) has told your Lordships that we have come
here on account of some doubts entertained in the
House -of Commons concerning the conduct of the
prisoner at your bar, - that we shall be extremely
delighted, when his defence and your Lordships' judgment shall have set him free, and shall have discovered to us our error, - that we shall then mutually congratulate one another,- and that the Commons,
and the Managers who represent them here, will be
the first to rejoice in so happy an event and so fortunate a discovery.
Far, far from the Commons of Great Britain be all
manner of real vice; but ten thousand times further
from them, as far as from pole to pole, be the whole
tribe of false, spurious, affected, counterfeit, hypocritical virtues! These are the things which are ten
times more at war with real virtue, these are the
things which are tell times more at war with real
duty, than any vice known by its name and distinguished by its proper character. My Lords, far from
us, I will add, be that false and affected candor that
is eternally in treaty with crime, that half virtue,
which, like the ambiguous animal that flies about
in the twilight of a compromise between day and
night, is to a just man's eye an odious and disgust
? ? ? ? ~ 60 IMPEACHMENT OF WARREN HASTINGS.
ing thing! There is no middle point in which the
-Commons of Great Britain can meet tyranny and
oppression. No, we never shall (nor can we coln-:ceive that we ever should) pass from this bar, without indignation, without rage and despair, if the House of Commons should, upon such a defence as
has here been made against such a charge as they
have produced, be foiled, baffled, and defeated. No,
my Lords, we never could forget it i a long, lasting, deep, bitter memory of it would sink into our
minds.
My Lords, the Commons of Great Britain have no
doubt upon this subject. We came hither to call for
justice, not to solve a problem; and if justice be denied us, the accused is not acquitted, but the tribunal
is condemned. We know that this man is guilty of
all the crimes which he stands accused of by us. We
have not come here to you, in the rash heat of a day,
with that fervor which sometimes prevails in popular
assemblies, and frequently misleads them. No: if
we have been guilty of error in this cause, it is
a deliberate error, the fruit of long, laborious inquiry, - an error founded on a procedure in Parliament before we came here, the most minute, the most circumstantial, and the most cautious that ever was
instituted. Instead of coming, as we did in Lord
Strafford's case, and in some others, voting the impeachment and bringing it up on the same day, this
impeachment was voted from a general sense prevailing in the House of Mr. Hastings's criminality
after an investigation begun in the year 1780, and
which produced in 1782 a body of resolutions cond. emnatory of almost the whole of his conduct. Those
resolutions: were formed by the Lord Advocate of
? ? ? ? SPEECH IN REPLY. -FIRST DAY. 161
Scotland, and carried in our House by the. unanimous consent of all parties: I mean the then Lord
Advocate of Scotland, -- now one of his Majesty's
principal Secretaries of State, and at the head of this
very Indian department. Afterwards, when this defendant came home, in the year 1785, we reinstituted our inquiry. We instituted it, as your Lordships and the world know, at his own request, made to us
by his agent, then a member of our House. We entered into it at large; we deliberately moved for every paper which promised information on the subject. These papers were not only produced on the part of
the prosecution, as is the case before grand juries, but
the friends of the prisoner produced every document
which they could produce for his justification. We
called all the witnesses which could enlighten us in
the cause, and the friends of the prisoner likewise
called every witness that could possibly throw any
light in his favor. After all these long deliberations,
we referred the whole to a committee. When it had.
gone through that committee, and we thought it in a
fit state to be digested into these charges, we referred
the matter to another committee; and the result of
that long examination and the labor of these committees is the impeachment now at your bar.
If, therefore, we are defeated here, we cannot plead
for ourselves that we have done this from a sudden
gust of passion, which sometimes agitates and sometimes misleads the most grave popular assemblies.
No: it is either the fair result, of twenty-two years'
deliberation that we bring before you, or what the
prisoner says is just and true, - that nothing but
malice in the Commons of Great Britain could possibly produce such an accusation as the fruit of such
VOL. XI. 11
? ? ? ? 162 IMPEACHMENT OF WARREN HASTINGS.
an inquiry. My Lords, we admit this statement, we
are at issue upon this point; and we are now before
your Lordships, who are to determine whether this
man has abused his power in India for fourteen years,
or whether the Commojns has abused their power of
inquiry, made a mock of their inquisitorial authority,
and turned it to purposes of private malice and revenge. We are not come here to compromise matters; we do not admit [do admit? ] that our fame, our honors, nay, the very inquisitorial power of the House
of Commons is gone, if this man be not guilty.
My Lords, great and powerful as the House of
Commons is, (and great and powerful I hope it always will remain,) yet we cannot be insensible to the
effects produced by the introduction of forty millions
of money into this country from India. We know
that the private fortunes which have been made there
pervade this kingdom so universally that there is
not a single parish in it unoccupied by the partisans
of the defendant.
