refolutions that had been read, had pledge" ed himself to conftitute a criminal enquiry, of which thofe refolutions were to be the foundation. This he muft pofitively deny, as the object of those refolutions was manifeftly of a very different scope and tendency, and fimply went to establish the neceffity of Mr. Haftings's recall, not on account of mal administration, but because having loft the confidence of certain neighbouring princes, he would be unable as it was then thought, to reduce the confufed and unfettled ftate of thofe countries to order and regularity. Were it to be admitted, according to the idea, the Right Hon. Gentleman had feemed to fuggeft, that a vote for the purpose of recalling a governor on motives of policy, ought neceffarily to be confidered as a ground of a criminal profecution,-such a doctrine would be productive of the most monfrous confequences, for it must either reduce parliament to the neceffity of hefitating on fuch a fiep, however urgent the occafion might be, until after a full examination of the conduct of the Governor, or it must lead to the greatest injustice and oppreffion, by rendering a profecution unavoidable, and indifpenfible, although no adequate enquiry had been inftituted to determine on its propriety. At all events, there could be nothing more demonftra ble than this, that at the paffing of those refolutions they were not intended as a foundation for any criminal proceedings, because they contained in themselves the whole of the object for which they were calculated; namely, that it appearing neceflary to eftablish confidence with the princes of India, and certain Governors in India having loft that confidence, it was adviseable-What? to punish? No! but to recall thofe governors.Whether the conduct by which the confidence of the native princes was loft had been occafioned by the execution of orders from home, or from the imprudence of the Governors themselves, was a queftion by no means involved in the propriety or impropriety of the recall, because to be the agents in a fyftem of which the people of India difapproved, would as effectually deftroy the confidence of those people as to have been the original devilers of it. Therefore, however guilty Mr. Haftings might poffibly be, the refolutions now referred to, were by no means a charge against him, because whether innocent or guilty, his return from India was apparently neceffary at the time, and thofe refo

The Right Hon. Gentleman had no neceffity of coming to fo full an explanation of his fentiments on that head; his conduct had already made them fufficiently public. For his part, he would not meafure his opinions by perfons, but by principles, which was true confiftency; for, always to oppofe, or always to agree with the individual except upon principle, was the worst of all forts of inconfiftency; it was, however, fuch as the Right Hon. Gentleman need not to have taken fuch pains to hold up as that, which he thought the proper line of conduct; his actions had already fully published his fentiments on that head. In pursuance of that doctrine -to abide by principles, and not by perfons, in forming an opinion of mens conduct, there could be nothing more reconcileable than the propriety of condemning the party on one fet of principles, and of acquitting, nay, of applauding him on another. This his Right Hon. Friend had done in refpect to Mr. Haftings.- When he viewed him in certain parts of his administration, embroiling the affairs of India by unneceflary and expenfive wars-exciting the diftruft and animofities of the native princes against this country, by infraction of treaties, and the extermination of a whole people, no doubt but he must have highly refented and difapproved of fuch conduct; but again when he faw him with an ability, almoft unprecedented, reftoring unex pectedly peace and tranquility, re-eftablishing a confidential intercourfe with the neighbouring powers, and redeeming the credit of the government, he would act highly inconfiftent with thofe feelings and principles, that had formerly routed his indignation, if he were not on fuch an occafion to acknowledge and to applaud the merit that had produced fuch good effects. He held it abfolutely neceffary towards juftice and right, to examine the whole of the public conduct of any fervant of the people to give him due credit for fuch parts as were meritorious, as well as to cenfure him for fuch as were culpable: and, for his own part he was ready to avow, that however cenfurable fome part of Mr. Haftings's conduct might be made to appear, he should, notwithstanding, confider fuch as were praife-worthy as entitled to ftrong approbation; nay, as a fufficient ground for reward and thanks, if they should be found upon the whole to predominate. The two Right Hon. Genrlemen on the other fide, had laid it down that his Right Hon. Friend in moving the

lutions

Tations only went to point out and flate that neceffity.

The Right Hon. Gentleman had dwelt on the extermination of the Rohillas with ⚫ all the exaggerated and heightened coleurag, with which he was in general ufed to grace his argument; there was no person who had heard him, but would have imagined, that event had been in fact attended with the utmost barbarity that could poffibly be conceived, even to the deftroying the lives of all the wretched inhabitants of the country without diftinction of age, sex or condition; and he had alfo reprefented it as a fubject, on which his Right Hon. Friend thought fo lightly as to make it a matter of fpeculation and enquiry, whether fuch a proceeding put in the estimate with a fum of 40 lacks of rupees were juftifiable or not. His Right Hon. Friend had entered into no fuch enquiry, nor had he fuggefted any fach doubt; he had barely stated in 1 his refolution, that the defolation of the country was not neceffary towards the recovering the money, nor had he at all gone into a confideration of the meafure itself, with refpe&t either to its justice or humanity, but fimply with an eye to its eficacy towards the object which it was intended to promote. But this was not the only inftance of want and candour in the Right Hon. Gentleman, for he was by no means juftified in reprefenting in fach melancholy language, the extirpation of that people, for it was not as he had appeared to infinuate a destroying and cutting off the people, but merely the removing them to a different place. He fhould not be furprized to hear himself reprefented, in confequence of what he was now faying, as having attempted to deforibe the forcing a people from their poffethions and removing them to a diftance, as a thing of little confequence and not liable to the reproach of injuftice, and inhumanity, but he had feen fo much of that unfair and uncandid manner of arguing, that he had learned to difregard and defpife it. He did indeed confider fuch an extermination (though far fhort of letting lofe all the horrors of fire and fword, as, the Right Hon. Gentleman had endeavoured to reprefent the affair of the Rohillas) as a thing of fo very dreadful a fort, and fo repugnant to every fentiment of human nature, that nothing could poffibly juftify it, except the ftrongest motives of political neceflity.

The Right Hon. Gentleman who had opened the debate, had alfo begun by an POL. MAG. VOL. X. MARCH, 1786.

attack on his Right Hon. Friend for not having come forward upon the prefent occafion, as the profecutor of Mr. Haftings. He had already fhewn why it was not his Right Hon. Friend's duty to do fo, on the idea of his having been pledged to it by the refolutions, that had been read. But perhaps the Right Hon. Gentleman imagined that his Right Hon. Friend would have been the most proper perfon to have conducted the bufinefs of the profecution, and for that reafon, independent of the notion of his having been committed, as had been attempted to be fhewn, wished him to have taken it upon himself. He must confefs, that if there were any real guilt to be inveftigated, and any punifhment to be inflicted, he joined in opinion with the Light Hon. Gentleman, that his Right Hon. Friend, would indeed be full as proper a perfon to take the lead, and full as likely to accomplish all the purpofes of publick juftice, as those Gentlemen into whofe hands the profecution had fallen. But as another Right Hon. Gentleman had faid, that there were occafions, when the bounds and established rules of juftice ought to be over-leaped and a profecution conducted rather by violence and refentment, than by the dull forms of or dinary proceeding; perhaps confidering the present business in that point of view, the Gentlemen that had taken it up, were the fittelt people to be entrusted with it.

He then went over the grounds that had been occupied by Mr. Dundas, relative to the breach of the treaty of Porunda, and the feizing on the provinces of Corah and Allvabad, and particularly recalled the recollection of the Houfe to this circumitance, that fince the tranfactions relative to thofe provinces, which were in the year 1772, or 1774, an A&t of Parliament had been palled, altering the whole fyftem of Eaft India Government, and inftead of a Prefident and Council of Bengal, appointing Mr. Haftings, by name, Governor General of the whole of the Settlements. It would therefore de highly inconfiftent and abfurd to look upon him now in the light of a culprit for any measures taken previous to his nomination to that great ftation, which in itself was the higheft certificate of the approbation of Parliament.

The papers that had been asked for were certainly very proper to be laid before the Houfe, let the mode in which the profecution fhould be conducted be what it might. He should for the present avoid giving any opinion on the feveral Dd

modes

modes of trial that had been mentioned; but as the Right Hon. Gentleman had appeared to determine on impeachment, as the best calculated to anfiver the end propofed; he hoped that he would as early as poffible make the house acquainted with the different steps which he proposed to take, and be as explicit as poffible in the nature and extent of the charges intended to be made. He was happy to feel that he fhould come to the business with the moft perfect impartiality, and if the guilt, imputed to Mr. Haftings, were' made to appear, he fhould think, him by all means a perfon deferving of the most exempláry punishment.

Mr. Fox rofe to explain, which he did by flating that the Minute, he had all along been arguing upon, was the Vote of the General Court, in which it was expreffed that Warren Haftings, Efq. fhould be permitted to return home, in confequence of his long and meritorious fervices. Mr. Fox fpoke in explanation of fome other points, in which the Right Hon. Gentleman had either misconceived or mif-ftated his argument.

Mr. Dundas affured Mr. Fox, he had alluded to the vote of Thanks of the Court of Directors.

Mr. C. W. Boughton Rous rofe to anfwer that part of Mr. Burke's fpeech, in which he had infinuated, that as Mr, R. had originally feconded the motion for the Select Committee, it would have become him to have brought forward the bufinefs of that day. Mr. Rous faid, he had fe conded the Motion for a Select Committee, and been a member of it, as its first object had been to enquire into the Su preme Judicature of Bengal. That he fat on it the fecond fethon, but that they foon loft fight of their object, and were led afide to the confideration of fubjes totally foreign from its original aim and purpofe. On the third feffion his name was put on the Committee without a word of previous intimation to him while he was in the country, down in Shrophire, and that he did not afterwards attend it. How, therefore, he should be fingled out to move an Impeachment of Mr. Haftings, he could not difcover! He had never thought Mr. Haftings a criminal, nor wished him to be fo confidered. Mr. Rous faid a few words respecting the fituation he had at prefent the honour to hold, of Secretary to the Board of Controul.

Mr. Francis rofe to speak to one or two facts that happened in India. Mr. Fran

cis then explained the affair of Corah and Allyabad. He alfo ftated the cruelties practifed on the. Rohillas, declaring that General Clavering and he had, received their impreffions of the barbarous manner in which the war was carried on ageing the Rohillas from the British, officer who headed the troops. Mr Francis confined his fpeech, which was but a fhort one, merely to an explanation of facts that bad chiefly come within his own knowledge, while in Bengal.

Mr. Fanfittart faid, the Rohilla war was not yet underflood properly, that in fact, there had been no fuch thing as the extirpation of the Rohillas; the word extirpation had been adopted by mere ac cident as the English of a word in Perfick, of which it was not a true tranflation.

Lord North rofe to ftate à few facts. His Lordfhip gave a detail of the first sending over Mr. Haftings, with the events. that followed, till he had the honour of nominating him Governor General of India in that House in 1774- The Directors removed him in 1776; in his opinionvery properly; but at a Court of Proprietors the Majority overpowered the Court of Directors, and confirmed Mr. Haftings in his government. His Lordfhip mentioned a perfon (Mr. Lauchlin Macleane) having been over in England from India, with power, to make Mr. Haftings's refignation of his Government. When Mr. Macleane however arrived at Calcutta, Mr Haftings difowned Mr. Macleane, and kept his Government. His Lordship faid, that every thing went on well under Mr. Haftings's Government for fome time, for the affair of the Rohilla war was but little known in England; and by no means understood properly, till the Select and Secret Committees had fat and inveftigated that and other facts, and ftated them fo fully in their Reports. At the time that the affair of the Rohilla war became known, his Lordship faid, it was, thought that Mr. Haftings was greatly to blame, and fo again in refpect to the breach of the Treaty of Porunder, but the Court of Directors fhared the blame with Mr. Haftings.-At that time he did not think it right to tecall. Mr. Haftings, because we were on the eve of a war with France, and as it was imagined hoftilities would reach India, it appeared improper to change the Governor General who he thought poffeffed vigour and abilities; and that was the reason of Mr. Haftings being fuffered to remain Govcrags. When General Clavering, and

Mr.

Mr. Monfon and an Hon. Gentleman near him [Mr. Francis] were fent over, and they had a Majority in Council, the Government, his Lordship faid, was by far the best conducted of any, that ever had been in India, but that was not of very long duration, two of the Gentlemen being unfortunately no more. With regard to the charge of inconfiftency, about which so much had been faid, his learned friend must give him leave to declare, without his meaning to impute inconfiftency to him or to any other individual, that there appeared to his mind to be a manifeft want of confiftency between the refolution, that declared Mr. Haftings had acted in a manner difgraceful to the Rational honour, and deferving of Parliamentary difpleafure, and the vote of recall, which spoke of his long and meritGrious fervices; the word lung indifput ably went to the extent of comprehending all his fervices, and that certainly it was highly inconfiftent to declare, while the refolution remained unrefcinded, and in 1 full force upon their Journals.

Major Scott faid, that he trufted the Houfe would have the gooduefs to indulge him with a few words, on fo im portant a day as this, but as the Right Hon. Gentleman over the way had not thought proper to make a fingle charge against M. Haftings, amidst the declamation and affection with which he had for fo long a time addreffed the Houfe, his obfervations fhould be short. The Right Han. Gentleman had made no charge against Mr. Haftings, to which he could reply, but he held in his hand a speech which the Right Hon. Gentleman had spoken upon a former occafion, before the Major had the honour of a feat in the Houfe. This fpeech did contain many very weighty charges against Mr. Haf. tings. This fpeech contained the effence of the Right Hon. Gentleman's fourteen Reports and as he had defcended from his high and elevated station, to the rank of a common pamphleteer, the Major faid he had been able to meet the Right Hon. Gentleman upon fair and equal terms. He had replied to the fpeech and to the charges; he had pointed out their abfurdity; he had refuted them, in the opinion of every man of fenfe not tinctured by party prejudice both in and out of the Houfe; and he was very fure that he fhould be able to refute every other charge that the Right Hon. Gentleman might bring against Mr. Haftings in future. Much had been faid by the Right Hon. Gentle

man of the fairness of the Reports, and an attempt was made to pledge the House to fupport the truth of them; but he trufted to their fenfe, and then justice to diftinguish between them and the Reports of the Secret Committee. The Reports of the Committee, of which the Right Hou. Gentleman had been a Mauber, were partial and unfair; the fole intent of them was to criminare Mr. Haftings, but every individual document ten ing to his exculpation was purpofely omitted.

He then taxed Mr. Burke in plain and unqualified terms, with bringing a gentleman to the committee room, with defiring the Major to withdraw while he was talking to him, and after a long converfation with the gentleman, finding his evidence was not fuch as he wanted for the purpose of crim nation, he declared to the committee, that there was no neceflity to examine that gentleman. Was this the proceeding of a man who acted from a regard to public juftice? or was it not the proceeding of one whofe enquiry it was for the purpose of private vengeance? He next stated, that the right hon. gentleman had very particularly examined an officer of high rank, Lieutenant-Colonel Robert Stuart, on the affairs of Oude. That he had asked him of the affairs of that country; that it was described as being in a very ruinous ftate; but unluckily for the object the right hon. gentleman had in view, Colonel Stuart afcribed its ruinous ftate to the true caufe. The large fums paid by the Vizier to the company, in confequence of a fyftem eftablished in 1775, and the extraction of fpecie from that country to Bengal, which was to a prodigious amount in a few years. Colonel Stuart unfortunately fpoke pointedly to the difaffection of the Begums and their Eunuchs. If to get at truth had been the fole object of the committee, this evidence was most important, but it had been wholly and totally suppressed. There was not a fingle fyllable of Colonel Stuart's evidence in any of the reports upon the table. This conduct, the Major faid, might be justifiable in one who took the Duke of Parma for his model—” dolas an virtus, quis in hofte requirit?" The Major faid, he charged the right hon. gentleman with injuftice in three inftances, and if he fhrunk from the proof he would confent to be called a calumniator by that House and the publick. The right hon. gentleman had indeed taken the Duke of Parma for his model; he would not tell his enemy where he would fight him; but Dd2

the

the House were fenfible, that if the right hon. gentleman had meant to proceed as a parliamentary enemy, who from a fenfe of public duty meant to move an impeach ment with as little delay as poffible, what would have been his conduct? Would he not have stated then the mode in which he intended to proceed? This Sir, faid the Major, would have been fair and honourable; but the Duke of Parma is the right hon. gentleman's model; and the Duke of Parma took every advantage. The hon. gentleman has, however, at last declared the mode he intended to proceed in. So defirous am 1 to affift in forwarding this bufinefs, that I pledge my honour to him, to fupply him with every paper and document that I can, relative to Oude, which I perceive to be his strong-hold, or on any other fubject. Situated as I am Sir, I may be fuppofed, and I certainly do, in what I am going to fay, fpeak the fentiments of Mr. Haflings. My agency is at an end by his return; but I feel for him the ftrongest affection and regard, and my own reputation, which is trifling in the confideration of fo great an object, is concerned in the iffue of this bufinefs. I fay from Mr. Haftings that fo far from defiring to illude any enquiry this Houfe might inftitute, he is eager for it, and he courts it; fo far from throwing obftructions in the way of it, he will fupply the right hon. gentleman with any materials in his poffeffion in order to forward his charges. But he trufts Sir, in the justice, the dignity, and the honour of this Houfe, that they will not be actuated by the spirit of the Duke of Parma; that, as they will punith him if guilty, they will protect him, if innocent; and that they will not fuffer this important point to remain unneceffarily in fufpenfe, and that they will refift every attempt at an unneceflary delay. It is not Mr. Haftings, who takes up the time of the Houfe. The right hon. gentleman has pledged himself years ago in the face of God, this Houfe, and his country, to prove Mr. Hatings a moft notorious delinquent. He is called upon to retract his pledge, or to proceed, and he might have moved last feffion for his papers, and the impeachment this day, had he been as ready as Mr. Haftings. The mode of proceeding the Houfe will judge of, and all I fhall fay on the part of Mr. Haftings now, is, that he is ready to meet every charge, of every kind that the right hon. gentleman can produce. Many he has brought forward, and all have been refuted. I have attended Sir, in the gal

lery, before I had the honour to have a feat here, when I have heard that right hon. gentleman defcribe the oppreflions, the ravages, the cruelties, and the devaftations committed in Bengal, in fuch terms as I conceived were beyond the warmeft imagination to invent. I declare to God, I have at times thought that the greareft part of my life has been spent in fome quarter of the globe far diftant from the country the right hon. gentleman has deferibed. I could inftance many of his flights as well as the tale of Almas Ally Cawn, and his unfortunate children, but thefe I referve to another opportunity. A few words Sir, in reply to what has fallen from the noble Lord, and other gentlemen relative to the Rohilla war, the floppage of the King's tribute, and the fale of Corah and Allahabad. Thefe fubjects are yet not underflood in England, but I will explain them, and from no other authorities than the 5th report of the committee of fecrefy, prefented to the Houfe by the right hon. and learned gentleman below me. Sir, I fay Mr. Haftings was not the author of the Rohilla war. It originated from meafures in which he had no concern, nor was he in Bengal at the time. I was a fubaltern officer upon the fervice that produced it, and I will ftate the facts as they are; in 1771 and 1772, an invafion of Oude and Rohilcund was threatened by the Marattas; a treaty was concluded between Sujah DowJah and the Rohillas, to which General Sir Robert Barker was the guarantee. By this treaty Sujah Dowlah and the English were to drive the Marattas across the Ganges, and the Rohilla part of the expence was to be 40 lacks of rupees; the fervice was performed: I was in the army under the command of Sir Robert Barker; we drove the Marattas across the Ganges, we forded that river, and continued on the Rohilla frontier; till the rains had fet in, and the Marattas had returned to the DecWhat was the refult? the Rohillas refufed to pay the money, and in three feveral letters written by Sir Robert Barker he advifes an attack upon them, and fays their treachery and breach of faith are proverbial. Another mistake many gentlemen have run into, the Rohillas are not a nation but the conquerers of a nation, and a country now called Rohilcund; the Aborigines are Hindoos; they are perhaps two millions at prefent, but the Rohillas were a tribe of Afghan Tarters, never amounting to 50,000 men, of which half are now with Fyzulla Cawn, and

can.

they