measure. He mentioned that the Court of Directors had acted inconfiftently, and that they had never done their duty, otherwife they would have checked Mr. Haftings's abufe of power. He was fully perfuaded, that many papers were neceflary for the elucidation of the prefent business. Some Gentlemen had infinuated, that Mr. Haftings's influence was under the controul of the Company at home; but he could not affent to this obfervation, as he had been convinced of the contrary. Refponfibility of the nature alluded to was attached to power; and as Mr. Haftings poffeffed, or feemed to poffefs, that refponfibility, it confequently must be admitted, that he had a very extenfive influence, nay, that his power had been almost unlimited. From the death of Colonel Monion, Mr. Haftings had been omnipotent in his adminiftration; and the flagitious tranfactions of Oude originated from this acceffion of power. The evils in that country grew to an alarming extent, and were cherished by the orders and permiffion of Mr. Haftings.

Mr. Burke made a few obfervations on the difagreeable fituation he was under, refpecting the crimination of Mr. Haft ings, and faid that he was called upon and driven to the bufinefs he had now engaged to profecute.

The Chancellor of the Exchequer declared, that the prefent affair was of confiderable moment to the honour and dignity of the British nation; and therefore he hoped that every Gentleman would readily give his affiftance on the occafion. He congratulated the houfe on the apparent moderation of thofe Gentlemen who ftood forward on the bufinets; and was perfuad ed, that the temperance which marked their proceedings, would greatly conduce to accelerate the investigation. Every paper which was material to elucidate the fubject ought to be produced; but he was convinced, that the Hon. Gentleman who had undertaken the accufation would not infift upon the production of papers which might tend to expofe our fyftem of Afiatic policy. He would eafily fee the impropriety of fuch a meafure, confequently reftrict himself merely to papers of general information relative to the prefent fituation of our poffeffions in the Eaft. Apprehending the Hon. Gentleman would find it neceffary to call for many papers, he hoped that he would be ready, if he thought requifite, to ftate his reafons for the production of the documents which he might want, and thys proceed fairly,

and candidly on the fubject. There was likewife another obfervation which occurred to him. The evidence, as in fimilar cafes, would undoubtedly be complicated: therefore, in order to explain matters, and render every ftep plain to any gentieinan, he thought it would be laudable, prima facie, to ftate the grounds of fufpicion, or the caufes for a belief of fuch enormity. It was not enough to fay, as a Right Hon. Gentleman had declared," I am of opinion that Mr. Haftings is-one of the greatest criminals on the face of the earth. I am of opinion, that all the misfortunes of Oude and Benares proceeded from his mifconduct, and that confequently he ought to receive the punishment which his crimes merit." This was not fufficient. The particular acts of enormity or mifmanagement ought to be specified, and care fhould be taken neither to exaggerate or extenuate. He was neither a determined friend nor foe to Mr. Haftings; but he was refolved to fupport the principles of justice and equity. He recommended a cool and moderate deliberation; and that every Gentleman ought to be governed by the free impulfe of his own mind. If a Committee were appointed, he hoped that it would be decided by them, whether or not, after examination, the evidence or papers produced were fufficient to crimin ate the delinquent. If crimes of enormity were proved beyond a doubt, the charracter of that houfe, the reputation of the British name, the honour and dignity of the human fpecies, demanded fupport; and he hoped that the juftice which was fo loudly applauded from all quarters of the houfe, would be roufed to vengeance. We ought to watch our honour with the ftricteft eyes of jealousy, and fpurn at any project which might tend to the fubverfion of this laudable virtue. What has been advanced on one fide of the houfe, goes to a prefumption on fufpicion that Mr. Haftings is guilty; and what has been ftated on the other, operates as an exculpation. The caufes and effects of the grievances complained of, must be nicely diftinguifhed; and the decifion should be regulated by the ftricteft impartiality. Mr. Haftings, notwithstanding assertions to the contrary, may be as innocent as the child unborn of the matter with which he is accufed; but he is now under the eye and fufpicion of Parliament, and his innocence or guilt must be proved by inconteftible evidence. He was of opinion, that it would be neceffary to move for many fupplementary papers, in order to explain

certain

certain documents, which might ferve to illuftrate the tranfictions in the Eaft.It would be impoffible, from the multiplicity of written evidence, to avoid confufon; but if gentlemen proceeded to at cord ally, the bufinefs would be greatly facuicated; and he declared that he would confider it as a duty incumbent upon him to give every affiftance in his power.

Mr. Fox made a few remarks on the manner of proceeding, and onjected in fume refpects to the Right Hon. Gentleman's ideas of a committee.

Mr. Le Mefurier faid, that the evidence

at the India-Houfe neceffary to be examin ed confifted of fix volumes in folio.

A defultory converfation then took place between Mr. Burke, Major Scott, Mr. Dundas, Mr. Grenville, Mr. Francis, &c. &c. when the motion, having undergone a trifling amendment, was agreed

to.

Mr. Burke then submitted to the house a number of other motions for the production of various papers, fome of which were agreed to, and others rejected; after which the house adjourned.

MR. SPEAKER,

When the Right Hon. Gentleman at a very late hour, did prefent fo numerous a train of motions to this Houfe, fo voluminous in their nature, fo extenfive in their confequences, there was every rea fon to defire that they might not be preffed upon the Houfe; but that time might be allowed to reflect on their tendency, and fully to conûder their propriety.These motions were at least ten or eleven in number; they included fo great a vari ety of matter, fo immenfe a body of information, that, did no reafons appear for their not being produced, he fhould be ready to object to the laying before this Houle an account of fo extenfive a nature, as to be almoft incapable of bounds; and which might involve a disclosure of matters not at all fit for the public eye. I fay, that even though no strong reafons exifted in my knowledge, that the very voluminous papers called for by the Right Hon. Gentleman, ought not to be produced, I fhould object to so general a disclosure of affairs of fo important a nature to this country. But this is not the fituation in which I feel myfelf. I feel myfelf under the neceffity of being obliged to object to many of the Right Hon. Gentleman's motions, from a perfuafion arifing from my own knowledge, that it would be very improper in this Houfe to comply with them; and that they would give occafion for the expofing of matters of a moft dangerous tendency to the fafety of this country. I am particularly under the neceffity, and it is to me a very disagreeable necefli

ty, to object in the strongest manner to a compliance with the firft of thefe motions, the motion just now made by the Right Hon. Gentleman, calling for all the papers relative to the peace made with the Marattas.

I must beg leave to call upon the affiftance of the Houfe, and muft hope that the Houfe will go along with me in this matter. The nature of the information contained in thofe papers called for by the Right Hon. Gentleman, is fuch, that it is impoffible to explain myfelf fully upon this fubject, without giving an account of thofe very things that ought to be fuppreff.d. I hope, therefore, the Houfe will be farisfied with a difplay of the general tendency of thefe papers, and allow itfelf to be perfuaded of the impropriety of their being produced in public.

The Right Hon. Gentleman it is true, ftands in a fituation that demands the affift ance of the Houfe. He brings forward, or rather calls upon the Houfe to bring forward a charge of such a nature; that he is entitled to every affiftance of this Houfe, in furnishing him with every mate rial for the purpose of carrying on his charge with full effect. The Right Hon. Gentleman is not only entitled to this affiftance, but he is entitled to the fuppofi tion on the part of the House, that he carries on this charge upon public grounds, and that he would not call for papers which the interest of the public rendered improper to be produced. The fituation of the Right Hon. Gentleman, not only demands the production of these papers, Eez

as

as he is the accufor who carries on this profecution and charge; but the perfon accufed himfelf demands the production of thefe papers. And although private communications cannot be properly mentioned in this Houfe, ve know that the object of crimination, Mr. Haftings, defires that the whole papers upon this fubject might be produced, and his conduct undergo the ftricteft fcrutiny upon the affairs to which they refer; notwithstanding, however, although thefe papers, are thus called for, both by the accufer and the accufed; ahhough they both concur in demanding them, and have both a right to whatever affiftance this Houfe can give them: To the one, to make good his charge; to the other, to juftify his conduct: I muft declare, that I cannot think myfelf vindicated in complying with their demands. I must request that the Houfe may take notice, that thefe papers relate to the peace in India; I fay the peace in India, India at leaft, was at peace upon the 6th of November laft, and that in confequence of arrangements and meafures defcribed in the papers alluded to.. Now I must in the most ferious manner declare, that it never reached me here, that any fault had been found with the late peace in India. Juft when I made up my propofitions in my own mind upon that fubject, I was fully of opinion, that whatever share Mr. Haftings had in the affairs that had brought calamities upon India; yet that his having brought about the late peace in India was a fubject not of blame, but encomium. And after the moft mature confideration, after the most ferious deliberation, and the moft critica! attention I can give to that fubject, and to the means which had been made ufe of in forwarding that happy event, I defire to revert to my former opinion on that affair, that Mr. Hafting's conduct, and the conduct of the negociators of the peace itself, were highly n eritorious. This being my fettled opinion upon this fubject, I need, perhaps, go no farther to justify my obje&t ons to the Houfe. Since I am fatisfied that the peace was highly meritorious, it is impofible I could concur in the production of papers to ground a crimination on this fubject. am aware it may be faid to ane, although this is your opinion, why will you not fuffor a gentleman te bring forward his ideas upon the fubject? Ought a difference from you in opinion, to pre-, vent any member of this Houfe to make his ideas evident to the conviction of this Houfe? With this I agree, if it is for the

purpofe of thanks, and not for the purpose of crimination. If an enquiry were defired into Mr. Haftings's conduct with regard to this business, for the purpode of grounding a criminal charge were were appears to me no blame, JS a inatter to which I never can give my affect. We are juft une gaped from a licuation the moft alarining poffible. From er tack, not by one power, or by ene foveagh, but from an attack by a cor feduracy of al the powers of India; and this confederacy, not for the purpole of wretting from us one or another province, not for the purpofe of depriving of the Carnatic; not for difpoffcffing us of our fettlements on the Malabar coaft, nor even wrefting from us the fovereignty of Bengal, but for the fole and determined purpose of exterminating the Brinth name in Ladis, and difpoff fling us of every fhadow of power in that part of the world. By the meriton. ous exertions of the man who is the ot jet of this profecurion we were delivered from the danger of this formidable confederacy. Is it poffible that this thould not be confidered as a meritorious fervice, and as a fervice which ought to meet with the regard of this country. The dificult fituation of our affairs, the multitude of enemies, the intent of the combination against us, renders the happy conclufion of this business one of the inoft fortunate events for this country, and at the fame time, one, that of all others, required the greateft abilities and management to accomplish.

But it is not only from thefe papers being called for to ground a profecution upon a fubject which I think deferving of praife, that I object to the motion of the Right Hon. Gentleman.-I am perfuaded that the production of thefe papers would be accompanied with to much danger, and carry with them so much injury to our affairs, that no argument can be ftrong enough to juffify their being produced to the public. The papers relate not folely to a piece made with one nation, or with one kingdom. They relate to the peace of the whole of India. To the peace of the whole continent of Indofan. They contain the whole of our politicks to bring about that defireable event. All the vanous intrigues, all the fecret management we were obliged, from the difficult nature of the circumstances to carry on, in order to disjoin and overcome fo formidable a confederacy. In fhort, it would difclofe the whole of our politics in India; and not only our prefent politics, but our fu

ture

ture politics in that part of the world, bv difcovering the fecret fprings upon which they turned. It is extremely difficult to explain my felf on this fubject, without entering into the particulars which I think ought to be kept from the public eye. But I hope the Houfe will give me credit in this matter, and from the general account of the nature of thefe papers, be faished that they contain a difplay of meafu es, not pro-.er on any account to be divulged. In the management of fo great and fo important a negociation, it is natural to fuppofe that we might be obliged to make use of arts, and to carry on intrigues, in order to detach individuals from this great confederacy which it would be very improper to lay before the public, and which might lessen the respect for the English name in India. It might also difcover to the Princes of India, that we had been able by feparate negociations, and fecret management, to induce them reciprocially to betray one another to us; and that an advantage had been taken of their narrow and felfifh policy, and of their jealoufy of each other, to break the confederacy which they had formed to destroy us-Thefe things could not be kept with in the walls of this Houfe; they would be immediately conveyed to India, and might be the cause of new diforders, and ftir up new wars. The Poonah Miniftry would by thefe means difcover by what measures the Nizam of the Decan had been induced to feparate himself entirely from the grand league formed by himself. It would be laid open in what manner the Rajah of Berar was induced to relinquish the execution of that great poft, afligned him in the general plan of their cperations. It would make evident to what particular management we owed the adherence of Scindia, one of the moft powerful of the Maratta Chiefs, at the very critical moment, when our utter expulfion from Indoftan was expected. I flatter myfelf that the Houfe will never fuffer

SIR,

the expofition of fuch papers as thefe. It may be faid, indeed, that these papers may be feparated from the reft, and only thofe laid before the House that are neceffary for the carrying on the profecution. For my part, I muft declare that I do not know how to feparate them. The accounts of -1 thele tranfactions are fo blended with the whole, and with every particular relating to the peace, that I confefs myfelf unable to feparate them. I might indeed communicate them in private to the Right Hon. Gentleman; and he might feparate thofe that would fuit his purpofe, without endangering the public interefts. But altho' the Houfe could limit the Right Hon. Gentleman as the profecutor, the Houfe certainly would not take upon it to bmit the profecuted; he must have access to every means he think neceffary for his juftification; and it would be impoffible to grant an indulgence to te one, and to circumfcribe the other.

I, for my part, feel myself extremely willing to give up every paper that may be demanded, that does not relate to the indifpenfible fecrets of government;-and I trust the House will agree with me in thinking that there are various matters of that nature that ought not to be expreffed. The papers called for by the motion of the Right Hon. Gentleman are strictly of that nature. They contain information that would be highly dangerous to the Company's affairs, to the peace of India, and to the interests of this country, as connected intimitately with both. I fhall therefore conclude, by hoping, that the Houfe would take the nature of the communications called for into their confideration, taking alone with them the difficulty of explaining, in a more particular manner, the fubject of these papers, and by reflecting upon the whole, be decided as to the impropriety of producing the papers called for by the Right Hon. Gentleman relating to the Maratta peace.

I RECOLLECT to have lately read, in one of the public prints, a paragraph purporting, that it was in contemplation to appropriate all the unclaimed flock in the Bank, from a certain period, towards the extinction of the national debt. The paragraph inftancing, by way of Nota

Committee, from a natural intercourfe with the Treafury and the Funds, know full well. But if there be any portion of truth in this article of intelligence, may not the propriety and juftice of keeping the effects of others locked up unadvertiled, and therefore unclaimed, fo long, to accumulate without end or purpofe, be reasonably queftioned? Is there a fit example in the Court of Chancery? Or muft ignorant individuals, (ignorant 1 mean refpe&ting the property of their relations thus concealed) derive no benefit, but through the channel of chance, or impro per information? I am well aware it may be replied, that in regard to the funds in general, the Bank Directors are agents; but furely, with Bank flock, they can act from the impulte of their own feelings, as principals: and from hence they might be able to experiment, if there were that inconvenience and that evil refulting from a public procedure by advertifement in the papers and gazettes of the times, which ought in common honefty to make them difcontinue the practice, and justify not only themselves, but other corporations, as well as government itself, in the detention of fuch a variable, unfettled, and encreafing mafs of property.

miere

Leaving, however, this matter to be weighed at their leifure, during this time of peace, (and it really deferves from the amazing increase in our public funds for thefe last ten years, a very ferious attention) permit me, Sir, to inform fociety at large, without being thought an impertinent individual of it, how this lapfe of ftock has been hitherto, in general, occafioned; fo that if nothing be restored to ourfelves, we may check at least an accumulating lofs to pofterity.

Let us fuppofe then, that Thomas Smith, a perfon of whatever defcription, dies poffeffed of 1000l flock, and his fon or his nephew John Smith is appointed his fole executor. The will is proved and registered, and the dividend duly received by the executor as fuch, who in the cousfe of his own life buys rocol. ftock himfelf, and dying inteftate, his brother, or next of kin, takes out letters of adminiftration, and repairing to the Bank in fearch of his effects, finding roool. ftack in the name of John Smith, defcribed of the place in which he died, receives the dividend as admin ftrator, and is fatisfied with the clerk's declaration that it is all the ftock he poffeffed. We will fuppofe this relation's name to be William Smith, who foon after dies, and leaves a young

family, appointing his widow fole executrix, and two friends as trustees to execute the purposes of his will; but before his death he alfo had been able to purchase 1000l. ftock, which being found there in his name, as he found his brother's before, the widows and truftoes enquire no further, but, after having it transferred into their names according to the will, and having regularly made a fearch throughout all the funds, add the rest of his effects to this truft, and fit themselves down fatif. fied that all is right. Now this is not only a probable, but I take upon me to say, mutatis mutandis, an actual statement, and by no means likely to be a fingle event; if we confider, on the one hand, the averfion which too many fenfible men have to the making of a will, and a dif inclination from very mistaken notions, on the other, to acquaint their wives and families with the particulars of their affairs; the loofe manner allo in which many mep, even in business, keep their private accounts, and the numbers there are who keep no accounts at all.-In this one inftance then it is obvious, thai 2000l. stock, principal and intereft, that is to fay 1000l. remaining in the name of John Smith, deccafed, and the other in that of Thomas Smith, deceased, are actually dead to the widow and children of William Smith, who was heir to both; but how are his reprefentatives to know it? Who is to acquaint them? So that here is 2000l. lapfe never likely to be recovered fairly but by public advertisement, when the children of this William Smith could easily fubftantiate their claim-for every thing would unravel itself!

I will now fuggeft another cafe ;-that a man has retired from London with 20 or 30,000l. in the different funds: after his retirement he hall purchase 2 or 3000l. in fome new flock, or, which is the fame thing, in a flock, in which he has had no property before. In this purchafe his broker, probably by his principal's order, fhall defcribe him according to his refidence in the country, while his former property bespoke him of fome street in London. The fuppofition then is not vague, but rather, for the reasons I have before mentioned, I think probable; it is however poffible, that his representatives, on his deceafe, fhall know nothing of this new purchafe, but, readily finding the other ftock, fhare it amongst themfelves, by the help of the clerk at the book, as fome old will of the deceafed may direct, and, fatisfied with more

money