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Mr. Chan

it was felt; because its impreffion could not be concealed. In spite of every objection conjured up for the fake of difguiling the real effect of the charges, the criminal matter itood prominent and could not be denied. Some people pretended not to understand the charges, because they underftood them too well! And they pretended to fee no guilt in them, because they faw too much!

Mr. Chancellor Pitt obferved, that it was not without cellor Pitt. the greateft reluctance that he ventured to protract a debate, which, from the temper with which it was carried on by the right honourable gentleman oppofite to him did not augur well of the moderation and candour that was to characterife their future proceedings. He hoped, however, when the bufinefs of criminal profecution thould be compleatly before the House, that thofe gentlemen would endeavour to fhew lefs warmth and violence than their present language indicated. He fhould be extremely forry, if, on the question for the impeachment, gentlemen were to fhew themselves actuated by the fpirit that feemed to warm them on the prefent day: at least he hoped, that when the right honourable gentleman who had spoken laft fhould offer any grounds of charge to the House against the person accused, he would do it in a different manner from that which he had adopted in fuggefting thofe infinuations against himself, of which they had juft been witneffes. He defired to inform the right honourable gentleman, that however paffiot or other motives might govern him and his friends, yet thofe against whom he had ventured to utter his unfounded and unwarrantable calumnies, had no object in view but public juftice. "Some people," the right honourable gentleman had faid, "pretended not to understand the charges, because they underftood them too well; they pretended to fee no guilt in them, becaufe they faw too much." He wifhed that the right honourable gentleman would aim at a little more of that inerit, for which he was fo ready to give the charges of his right honourable friend credit. He fhould be happy to find, that whenever he attempted to make any infinuation against him, he would enter more into detail, and be more explanatory. The right honourable gentleman had prefumed to infinuate, that because he endeavoured to confine the proceedings of the Houfe within the limits of propriety, of justice, and of precedent, that because he gave his opinion what was the most regular way of coming at that which alone ought to be the object of the House, the detection of guilt, or the proof of innocence; he was therefore attempting to fcreen a delinquent from punishment. He defired the right honourable gentleman to be more guarded in his language, or, if he had any fuch charge to make,

to do it openly and fairly, and not in the covert manner which he had thought proper to purfue. For his own part, he was willing to make a folemn profeffion to the House, but profeffions had loft their credit; the bringing to justice ftate delinquents: ftill it was all that was for the prefent in his power to do-he fhould folemnly profefs that he had no other object in view in the inquiry then depending, except the clear elucidation of the queftion, that fo the guilt or innocence of the accufed might appear; he fhould give his whole attention to the proceedings with fuch a hope as he imagined every man' would feel, that the party might be able to establish his innocence; but at the fame time with a determination, that if he should be found guilty of the charges brought against him, he fhould receive condign punishment. It had also been infinuated, that he and his friends had endeavoured to affix a ftigma on those who brought forward the charge, as if they were more influenced by motives of private animofity than of public juftice. He had no fuch fufpicion: he could not believe that there was a man within the walls of that Houfe, whofe heart was fo callous as to make use of a judicial proceeding as a vehicle of revenge and malice: but the Houfe was too well acquainted with the general conduct of the right honourable gentleman to fuffer any thing from him, however rude, boisterous, and indecents his language, to make an impreffion upon them, to the prejudice of any of their members.

Mr. Burke remarked, that the right honourable gentle- Mr. Burke.
man's invective against infinuation, and his infinuation
against invective, had met (as they deserved) his moft ferious
and close attention. The right honourable gentleman's
very temperate declamation againft paffion, reminded him of
two famous lines of Dr. Arbuthnot:

There roar'd the prophet of the northern nation,
Scorch'd by a flaming speech on moderation,

So the right honourable gentleman's example of temper was
to be defcribed. The right honourable gentleman had-been
himself the warmest and moft paffionate fpeaker in the debate,
but his charges deferved not the objections that the right
honourable gentleman made against them. Before gentle-
men took upon themselves to find fault, he wished they
would be fo good as to try their hands at the drawing out a
criminal charge upon an Indian fubject themselves.

ral.

The Attorney General begged that the question might be The Attor confidered upon its true grounds, and no extraneous matter ney Gene adverted to. He referred to the forms of proceeding upon informations in the courts in Weftininfter hall in cafes nearly analogous.

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Mr. Martin Mt. Martin trufted, that fubftantial justice fhould be done, and declared, he thought the right honourable gentleman had a right to expect the fupport of the Houfe in a matter of fuch important national concern. When the prefent, profecution was difpofed of, there remained one for the right honourable gentleman to proceed in, that he thought highly neceffary to be undertaken in juftice to the country. He alluted (he faid) to the noble Lord in the blue ribband, who had repeatedly challenged inquiry, and declared he was prepared to meet it. He had long been of opinion that the inquiry ought to have been proceeded in, but fuch was the ftate of parties at prefent, and fuch had been their ftate for fome time paft, that the noble Lord 'well knew he might bid the country do that, which the dignity of the Houfe, and his refpect for them, forbade him to mention within those walls.

Led. North.

Mr. Burke.

Lord North defited, that unlefs a full inveftigation of his conduct was regularly inftituted, allufions to it might not, day after day, be made in grafs and vulgar terms, equally unworthy of the Houfe to hear, and highly unbe coming the perfons who made them, to throw out. Such allufions were obviously made for no other purpose but to create perfonal vexation, and provoke perfonal retort, each of which was a matter furely too mean and trivial to engage the attention of the Houfe, when queftions of a great, ferious, and important concern were under confideration, with which fuch allufions had not the finalleft concern whatever. He denied that the fate of parties protected him, or afforded him the leaft fhelter from profecution, if any could be maintained. Every honourable member, in whofe prefence he now had the honour of fpeaking, could at once difcover, without putting his penetration to the leaft trouble, whether the greater part of the Houfe, whether the perfons placed at the head of public affairs, in fhort, whether the governing men of the time, had conceived fuch prepoffeflions in his favour as (if it were poffible to introduce impeachments against him) to endeavour, with anxious and friendly partiality, to fcreen him from their confequences.

Mr. Burke expeffed a wifh, that the bird who always fang one and the fame tune would take it in a gentler key. The cuckoo's note was uniform, but it was melodious. Now though the bird in queftion could only fing one note, and that, like the cuckoo's, ungracious to the married coalition ear, perhaps the Houfe would thank him for correcting the harfhnefs of his thrilling, and for giving his conflant and unvaried fong in a fweeter and in a milder tune. It was true, the cuckoo of that Houfe could not foar as fublimely as the lark, or fing fo fweetly as the nightingale,

and

and therefore it became him to fing more gently. In reply to the honourable gentleman's recommendation of a profecu tion of the noble Lord in the blue ribband, Mr. Burke, faid that it would prove fufficient to obferve, that whatever he might once have thought of his conduct, he fhould not now be prompt to urge an impeachment of one, whom he had the happiness to rank among the number of his friends; befides when he looked over against him, and faw the right honourable gentleman, who had put a stop to all retrofpective profecution fome years fince, he dared not attempt it; more especially when he beheld the two powerful fupports who fat on each fide of him--(Mr. Jenkinson and Mr. Dundas)The influence of three fuch formidable opponents was fufficient to awe him into filence. He once thought the fyftem that noble Lord was purfuing, dangerous to the Conftitution, and extremely cenfurable. He had, therefore, at the time, drawn up feven diftinct articles of impeachment, but he did affure the honourable gentleman, that only one of the feven went at all to affect the noble Lord. When, however, he faw the fyftem abandoned, and the noble Lord ready to depart from that, in fupport of which, the first characters in the Senate, the Law, and the Church, had united, he was willing to forget what was paffed, and to do that honour to his diftinguished talents and virtues which they well deserved. A noble Marquis (of Rockingham) had indeed advifed him to abandon the impeachment, and had taken the papers; and he had fince endeavoured to find them, but in vain. No man was more ready to forgive a political adverfary than he was, and to fhake hands, when the caufe of conteft was at an end. He had in his twenty years parliamentary existence, made feveral coalitions, and, he should in all probability make several more. In his connection with his right honourable friend they had always acted upon one fet of principles, and never. coalefced, but where thofe they joined could act with them. The noble Lord in the blue ribband had more facrifices to make than they had, when the coalition was formed; the noble Lord and his friends had acted moft honourably, and he was proud to make that public acknowledgement of his difinterestedness.

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Mr. Martin admitted, that it was unfair to twit the noble Mr. Marin Lord unneceffarily. All he had meant, had been to intimate his wonder that the country had loft fo much the last war, and that no inquiry has yet been made into thofe loffes.

The queftion was at length put and carried.

Mr. Burke then prefented another charge, and after move Mr. Bake, ing, that it be referred to the Committee of the whole

House,

The Maf-'

Rolls.

Houfe, to whom the former charges were referred, moved, "That the Speaker leave the chair."

The Mafter of the Rolls objected to the motion, on the ter of the ground, that the fituation of the bufinefs was completely changed in confequence of the House having that day granted Mr. Haftings leave to be heard upon the matter of the charges.

Mr. Burke.

The Maf

Rolls.

Mr. Burke obferved, that unless the right hanourable gentleman could prove, that there ought to be a distinction made between written and parole evidence in this cafe (a diftinction which he believed the right honourable and learned gentleman's ingenuity could not defcribe) his arguments muft fall to the ground. It was but within the laft fortnight that the Houfe had adopted a new mode of proceeding on the recommendation of the learned and right honourable. gentleman, and already had the right honourable and learned gentleman forgotten that mode, he then recommended, and was fuggefting another, Let the right honourable gentleman repeat his practice of being flow in giving his advice, and thus embarraffing the bufinefs day after day, he would not abandon his caufe. He confidered one arm of it. as lopped off already; if he loft a leg he would still persevere, and even were he to be deprived of both arms, he would fight, like Withrington, on his ftumps. The only reafon. for his being fo anxious to proceed with hearing the evidence, was, becaufe his witneffes were in general extremely ill, and wished to retire out of town. Colonel Gardener and several others had been obliged by bad health to leave London, and were incapable of returning. He read a letter from one of them, with the certificate of the phyfician who attended him in proof, that he could not come to town without endangering his life. Sir Robert Barker, the first witnefs whom he meant to call, was alfo (he declared) very ill, and wished to be difmiffed, it was therefore on account of the gentlemen whom he had called for as witnesses, and not on his own, that he was fo preffing for proceeding to hear them.

The Mafter of the Rolls faid, the Houfe had lately done ter of the him the honour to adopt his advice, but they had at the fame time done themselves as much honour. On the prefent occafion the bufinefs had affumed a new face, by their having agreed to hear Mr. Haftings. It was that which rendered a poftponement of the Committee proper, and was no alteration in his mind.

Ld. North

Lord North contended, that hearing Mr. Haftings and receiving the parole evidence by no means interfered, and that the best way would be to have the whole of the evidence

before

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