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enjoy, during life, the jaghires which had been granted to her by Sujah ul Dowlah, her late husband, and that no more pecuniary demands should be made upon her. At the same time the Nabob conferred on her new jaghires, amounting to 50,000. per annum. To this agreement Mr. Bristow added the Company's guarantee, for which he had no authority; but which the council afterwards confirmed, from the urgency of the case; the effective majority, however, agreeing with Mr. Bristow, that the Begum had no legal title to the treasures in question.

Within a very short time after this transaction we find it recorded in the minutes of the council, that the Begum had forfeited the protection of the Company by having infringed the treaty they had guaranteed. This was the sentiment of Mr. Bristow, this was the sentiment of colonel Monson and Mr. Francis. At the same time, Mr. Bristow, who was an eye witness of what she did, affirmed that the Begum was disaffected to the English, and pressed her strongly to give up her jaghires for an equivalent, being of opinion that they were likely to become dangerous engines in her hands, and using a very remarkable expression, that two rulers were too much for one country. This early disaffection of the Begums has since been confirmed by the evidence of colonel Stewart at our bar, In spite, however, of all this evidence, and in spite of all suspicions, Mr. Hastings, after he resumed the reins of power in Sept. 1776, sacredly maintained the guarantee of the Company, and actually prevented the Nabob from resuming the jaghires, until, in 1781, such convincing proofs appeared of the destructive nature of these jaghires to the Nabob's revenue, of the danger arising from them to the very existence of his government, and of their having been made the sources of feeding a rebellion both against their sovereign and against the English, that Mr. Hastings no longer thought himself justified in refusing to accede to the Nabob's proposals. He accordingly executed the treaty of Chunar, withdrew the guarantee, and permitted the resumption of the jaghires.

A guarantee is nothing more than an interference of a third power, to secure or to compel the exact and just performance of a treaty entered into by two other powers. From the nature of this definition it appears, that the power guaranteeing is no longer bound than during the

continuance of the treaty, and that it is justified in withdrawing its protection from the party infringing the treaty. It farther appears, that the power guaranteeing is bound to support the party who maintains the treaty against the party who breaks it. If it is true that all treaties and mutual compacts between states lose their existence with a state of war, it follows, that, in a state of rebellion, which is the most atrocious species of war, they must be annihilated. The treaty, therefore, between the Nabob and the Begums ceased to exist when the Begums rebelled against him; and as a guarantee depends upon the treaty, the guarantee of the Company ceased also to be binding. That the Begum had broken the treaty, had forfeited her allegiance by levying war, had rebelled against the Nabob, and had endeavoured to extirpate the English, will appear from unquestionable evidence now before the committee. I refer the committee to col. Balfour's letter of the 28th August, 1781, to Mr. Middleton's of the 17th October, to col. Hannay's, major Macdonald's, and lieut. Gordon's depositions, and to sir Elijah Impey's deposi tion. From all these it clearly appears, that early in September, 1781, the Begums had rebelled against the Nabob; had actually opposed his forces by their own; had entered into Cheit Sing's rebellion; had sent 1,000 armed men to his assistance; and had attempted to extirpate the English.

A farther proof of what I have advanced will arise from the circumstance of the Nabob's arrival at Chunar on the 11th Sept. He certainly was well informed of what had happened in his own dominions; particularly, as he had not been farther from Fyzabad, the principal scene of these disturbances, than 100 miles. That he must have informed Mr. Hastings of what he knew; that he founded his demand of a resumption of the jaghires on that knowledge; that Mr. Hastings was convinced of the necessity of acceding to his proposals, is a fact too plain to require any comment: if it did require any corroboration, the records of the council afford one not to be disputed. On the 18th Sept. the day immediately preceding the execution of the treaty, Mr. Hastings wrote to the council, informing them that the province of Oude had caught the contagion. Under these impressions, the reality of which were afterwards confirmed on oath, Mr. Hastings, knowing what a guarantee

was, and how far the obligation of it extended, consented to a resumption of the jaghires on the same principle which has invariably directed the councils of princes: but he still manifested the benignity of his temper; he, the tyrannical, the cruel Hastings, the unjust and oppressive governor, when the fate of the Begums depended solely on his fiat, when he was justified by the law of nations, and by every principle of policy, absolutely to deprive the Begum of all her possessions, forfeited by her own crimes; he, I say, stipulated with the Nabob, that a full and complete equivalent should be allowed her, and that the resumption of the jaghires should be general. The hon. gentleman has been pleased to ridicule this idea of an equivafent. How could an equivalent exist, said he, when the produce of the jaghires was to be appropriated to the liquidation of the Nabob's debt to the Company? I will tell the hon. gentleman how it could, and how it did exist. The Begums equivalent was to amount to what they themselves gave in as the net amount of their jaghires: their statement, however, for good reasons to be assigned, was false; the net amount, that is, the amount for which they had been given, was much less than the real income from the lands. This net amount was all they had a right to claim: that was secured to them by the treaty; and the surplus was to be appropriated to the discharge of the Nabob's debt.

So far, Sir, have I proved not only the innocence, but the propriety of Mr. Hastings conduct. I am equally prepared to prove, that in his subsequent permission to the Nabob to confiscate the treasures in the hands of his mother, and in the steps taken to enforce the payment of the sixty lacks for which that confiscation was compromised, Mr. Hastings was not only free from blame, but actually commendable. I perceive, however, the present temper of the committee: I am also sensible of the manner in which they have received the first address from a young member, standing here as an advocate for an accused and injured fellow-subject. I leave the reflections upon it to themselves; and I wish the world to reflect, that a British House of Commons, sitting in judgement on the character and fortunes of such a man as Mr. Hastings, has refused to hear his defence. I shall no longer press the matter, but will sit down, reserving what I have farther to say to a cooler moment, when the passions of the House

are less inflamed, and when truth may obtain a hearing.

Sir W. Dolben having premised that the speech of Mr. Sheridan had stated in so able a manner such a variety of facts and arguments, as entirely to have exhausted the spirits as well as the attention of the committee, added that he thought it would be most proper to adjourn the debate. This would give gentlemen time to recruit their spirits, and to collect their exhausted attention. It was now a very late hour. It would be impossible, should they prosecute the business, to come to any vote without adjourning. And indeed, he confessed, that in the present state of his mind it would be impossible for him to give a determinate opinion. He therefore most seriously recommended that the committee might then immediately adjourn.

Mr. Stanhope remarked, that the same reasons which prevailed upon his hon. friend, induced him to wish for an adjournment of the debate. When he entered the House, he was not ashamed to acknowledge that his opinion inclined rather to the side of Mr. Hastings; but such had been the wonderful effect of the hon. gentleman's convincing statement of facts, and irresistible eloquence, that he now with as much freedom acknowledged, that he could not say but his sentiments were materially changed. Nothing, indeed, but information almost equal to a miracle, could, he thought, determine him not to vote against the accused: but, however, as he found such had been the effect of what he had heard, he could not by any means then determine to give his vote. He wished to collect his reason, and calmly to consider the truth and justice of what had been stated with such apparent aid of truth, as to render it beyond the power of contradiction.

Mr. Fox said, he could by no means consent to an adjournment, standing as the question in debate then stood. As to the lateness of the night, it was but twelve o'clock; and surely no gentleman would contend, that without any other reason being assigned, merely the lateness of the hour was a sufficient reason. At present the committee had heard a very brilliant speech from his hon. friend; a speech, every word of which carried conviction to his mind; and, it was pretty obvious, it had made no small impression on the minds of the House in general. He flattered himself, therefore, that there was likely to be very little difference of opinion in the House; and,

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in that case, he saw no reason why they could not proceed, and come to the question. If any of the friends of Mr. Hastings wished to rise, and offer any thing, that they might think likely to efface or lessen the impression made by what had fallen from his hon. friend, that was the fit moment for offering it; but as nothing had yet been said that was likely to have that effect, unless gentlemen had any doubts to state, and would be so good as to open them, he must oppose the motion for adjourning under such circumstances, as improper and unprecedented.

Mr. Taylor observed, that he had not quitted his seat until seven in the morning on many occasions, and he did not know or recollect one in which he thought his unremitted attendance more required, than the question now before the committee. Such had been the statement of the facts in the speech made by Mr. Sheridan, that he thought no time was necessary beyond the present moment to give their vote. It was a speech of such irresistible conviction, as to render it incontrovertible. It was eloquent in facts, and sublime in genius and conception. It was not the parade of pompous declamation; it convinced from its truth, as much as it charmed and astonished from its splendour and sublimity therefore, after such a speech had been delivered, he could not consider that any gentleman's mind was so undetermined in its opinions as to require a moment's delay to give his vote, and he would never agree that the House should adjourn until they had decided on the merits or demerits of what they had heard so forcibly, ingeniously, and wonderfully stated for their consideration.

Major Scott observed, that he certainly should have risen before to have contradicted many parts of the statements made by Mr. Sheridan, had he not withheld them in compliment to what other gentlemen had to offer. As to there being nothing to be said against the circumstances mentioned, he would himself engage to shew in what the hon. gentleman had been guilty of most gross misrepresentations. In referring to several parts of the correspondence relative to the transactions of the Begums, he had omitted several parts of letters and other documents, contradicting many particulars, which he had asserted. Of these he had taken several notes; and if it were the desire of the committee that he should proceed, he would describe all the omissions and mis

representations which he had thus noticed. The committee cried Hear! Hear! and major Scott was going consequently to proceed, when

Mr. Pitt said, that on a question of so complicated a nature, it was scarcely to be supposed that there would not be some difference of opinion; possibly therefore, although the hour was not so far advanced, as it sometimes had been on former occasions, it might be advisable to adjourn then. For his part, he would not then declare in which way he had made up his mind to vote; yet he meant to deliver his sentiments at large on the motion, and should unavoidably be obliged to take up a good deal of the time of the committee. With regard to the hon. gentleman, all the impression that genius and talents could command, his speech certainly would make; but surely the hon. gentleman's friends paid him an ill compliment in supposing, that four and twenty hours would obliterate the effect, or blunt the pressure of his arguments. An abler speech had, perhaps, never been delivered; but though he was willing to pay that tribute to the hon. gentleman which his abilities deserved, he by no means could agree, that because one dazzling speech had been delivered, other gentlemen ought not to be permitted to deliver their sentiments.

Mr. Fox said, that so alarming a precedent, as that of adjourning merely because one fine speech had been delivered, was what he never could consent to; and he was sure the right hon. gentleman was not aware of the badness of the precedent such a proceeding would establish when he proposed it. Would the right hon. gentleman, for instance, on days when he had a motion to make, and there was occasion, as there often had been, for him to introduce it with a very long speech, choose, that as soon as he had done speak. ing, the House should adjourn, in order to afford gentlemen time to consider of that speech, and to find out in what manner they could, best answer it? He was sure that was a mode of doing business that the right hon. gentleman by no means wished to grow into custom. With regard to the compliment paid to his honourable friend, he knew his hon. friend too well, to think he wished for that sort of com. pliment conveyed by delay. His hon. friend had the cause and the justice of it, in which he had pleaded so powerfully as to flash conviction on almost every man's mind, too much at heart, to desire to

sonal partialities, they would not hesitate to vote when their minds were most alive to the cause of individual justice and national honour. The delay he conceived to be unexampled; for he never knew of dny debate being adjourned, without some strong reasons of necessity being given; but in the present instance nothing of this nature had been stated as an excuse.

Mr. Wilberforce expressed his concern that the right hon. gentleman should have lavished away such a portion of time upon mere invective; upon insinuations which tended much to weaken the effect of the hon. gentleman's very able and eloquent speech, which he confessed had made a very great impression on his mind: but that was a reason sufficient of itself for him to wish for time to deliberate. He despised the imputation of being considered either as the abettor or the protector of delinquency, nor should he shrink from any investigation of the reasons which would prompt him to vote for an adjournment. Did the right hon. gentleman wish to lead the House captive at his chariot wheels? Were they not sitting there as judges on a question of the highest importance? A question which involved in its consequences the character and fortune of one of their fellow-subjects? Was it not, therefore, fitting in them to deliberate and investigate? He paid many compliments to the eloquence of Mr. Sheridan, which he acknowledged had thrown many new and important lights on the subject; but though they had in a great degree tended to remove his doubts, still he was not ripe for decision; and he was yet afraid to give his vote, lest it should prove erroneous.

postpone the decision that ought to follow his argument. His hon. friend had spoken ably, and indeed almost miraculously, as an hon. gentleman had expressed it; but why had he done so? Not merely because he had the gift of singular and superior talents, but because he had spoken in a right cause because he had a heart susceptible of feeling, and capable of sympathizing with the woes of those who claimed protection on account of their innocence and their defenceless condition, and on account of the unparalleled oppressions they had endured. His honourable friend's speech had been called, and justly called, an eloquent one. Eloquent indeed it was; so much so, that all he had ever heard-all he had ever read, when compared with it, dwindled into nothing, and vanished like vapour before the sun. Having paid his debt of justice to his hon. friend, Mr. Fox again urged his argument against adjourning, unless some better reason was assigned than the mere lateness of the hour. If any gentleman thought he could answer the strong argument that had been that day delivered, or if gentlemen had any doubts upon their mind, let them state those doubts, or let them give the answer they meant to offer; but why adjourn without so doing, unless it was from a sense that what had been that day said was unanswerable, and from a wish to gain time, and by negociation and manoeuvre accomplish that, which could not be done by fair argument? He said, he hoped to God, for the sake of the right hon. gentleman's character, and for the sake of what was still more important, the character of that House, the right hon. gentleman did not mean to vote against the question. If he did, he would doubtless support his vote by arguments that, in the right honourable gentleman's mind at least, appeared likely to have some weight with the House. If so, why not deliver those arguments then, and oppose their impression, whatever it might be, to the impression which had been made by his honourable friend's speech? What could be the object of delay, but merely having an opportunity of preventing the operation which the truth and eloquence of his hon. friend's speech would otherwise have in convicting the delinquent, and redeeming the injured character of the nation? With respect to the pretence of adjourning for the sake of deliberation, he could not admit its propriety. If gentlemen had not come with party prepossessions and per[VOL. XXVI.]

Mr. For said, that the hon. gentleman who spoke last seemed to consider every thing as invective which did not convey the grossest flattery to his right hon. friend, Mr. Pitt. If he had used words which could be construed to convey invective, he was sorry for it, and he would be the first to beg the right hon. gentleman's pardon; but, on the present occasion, he was not conscious of having used such words. It was very true, that he had called on the right hon. gentleman, if he had any doubts, to state them; for it was, in his mind, highly important to the cause of truth and justice, that he should then give his opinion. He had stated, too, that all who knew the right hon. gentleman, knew that he possessed abilities, and that in those abilities he had sufficient confi[X]

Mr. Dempster desired that, before the committee should proceed upon the adjourned debate, he might be suffered to to trouble the House with a requisition from sir Elijah Impey. He stated, that sir Elijah was waiting without the door, extremely desirous of being permitted to be called to the bar, for the purpose of delivering in a written paper, containing an explanation and correction of some few of his answers when last examined. He read the paper, and moved, That the request of sir Elijah Impey be granted.

dence to be able at any time to state his | Mr. St. John took his seat at the table. doubts. In Heaven's name, then, why When Mr. Francis was on the point of did he shrink from the inquiry? Was he speaking, afraid to meet decision? Or was he afraid to trust his cause to the present temper of the House? He hoped it was a cause like that of Cheit Sing, in which, though the right hon. gentleman had taken very confined ground, yet he had shewn that he was open to conviction. He hoped that the right hon. gentleman, for the sake of his own character, and for the reputation of his country, would, on the side he should take in the decision of the question of that day, shew that he was equally open to conviction. Of all questions which came to that House for discussion, India questions were those which required prompt decision; it was dangerous to trust them to the perils of negociation, or the dangers of out-door conversation; and he scrupled not to say, that an adjournment, far from assisting, would enfeeble and disgrace the cause of Mr. Hastings.

time when it was given, could be received consistently with justice. He believed there was no precedent of such a correction being admitted in similar circumstances; and therefore, very much against his inclination as to the immediate instance, and merely for fear of establishing a dangerous precedent, he must oppose the motion.

Mr. Francis declared his earnest desire to have the paper in question laid on the table, if it could be done consistently with the rules of the House. But it constituted a very important question, which he desired the learned gentleman opposite to consider, whether a correction of evidence given in a judicial and criminal proceedMr. Sheridan said, that he should noting, after a considerable interval from the have trespassed on what he was bound to consider as the already too liberal indulgence of the House, had he not been charged by major Scott with wilful misrepresentation with respect to colonel Hannay's evidence. Of the falsity of that charge he appealed to every gentleman who heard him. As far as his memory served him, he had stated that evidence fairly and fully. With respect to the adjournment, the House would see the propriety of his saying nothing on that subject, Mr. Martin said, he had listened with admiration, and with the utmost attention, to the speech of the hon. gentleman who had opened the debate: he really felt himself on that account very much fatigued, and was therefore an advocate for the adjournment.

Mr. Montague said, that he came down to the House rather prejudiced in favour of Mr. Hastings; but he confessed, that the very masterly and eloquent manner in which he had that day heard the charge stated, had staggered, nay, almost convinced him of the justice of it; still, however, he was not prepared to decide, and therefore was for an adjournment.

The motion of adjournment was then carried without a division.

Feb. 8. The question being moved, for the resumption of the adjourned debate on the charge against Mr. Hastings, the Speaker left the chair, and

Mr. Dundas observed, that if every witness could come one day and contradict what he had said the day preceding, the confusion would be endless.

The Solicitor General said, that the House would be at once led to a decision upon the matter, by supposing, as a case in point, that two witnesses were examined the same day, and both agreed. If in that case, one came the next day, desired to be re-examined, and contradicted what he had before said, then the facts established by their concurrence would be let loose, and the task of adducing evidence could not possibly approach to a conclusion.

The motion was negatived.

Mr. Francis then rose, and resumed the adjourned debate. With respect to the adjournment of last night, he frankly acquitted Mr. Pitt of the intention attributed out of doors to that measure. His own sense of honour, would not suffer him to suspect that right hon. gentleman of intending a stratagem so unworthy of himself. Nevertheless, the effect and impression of the adjournment on the public mind certainly was, that

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