to comply with this requifition, force only could compel them. In the exercife of it fome cruelties were likely to arife, and fome would probably be magnified. The minifter's treatment of the eunuchs, while they were under his care, was highly improper, and ought not to have been fuffered. The withholding from the inferior women of the palace and the children, the neceffary fubfiftence for two or three days, was a wanton act of cruelty, not to be palliated. But this ought not to be imputed to Mr. Hallings, for he knew nothing of the circumftance till after it was over. His motive to thefe tranfactions, was, to prevent the armies in the field from falling too largely into arrears, and fo from mutiny or disbanding. If either of thofe events had happened, it would have been fatal; a general malacre of the Europeans would probably have ensued, and not a Briton have returned to relate the melancholy event. Mr. Smith was properly fatisfied, and particularly from the information of a man of high integrity, a brave and gallant officer now no more, that the prefents Mr. Haflings had received were faithfully applied to the fervice of the company. The mystery and concealment, with which they were attended, had proceeded, not from corrupt motives, but probably from fear of the operation of a dangerous example. The conduct of the zemidars, who had taken advantage of our ignorance in order to impofe on our officers, justified Mr. Haf. tings's treatment of them. Mr. Smith condemned the conftitution which had exifted in the council of Bengal, and afcribed to it many of the calamities of Mr. Haftings's administration.

Though he had frequently op pofed and cenfured Mr. Haftings's measures, he had never been blind

or inattentive to his virtues, his dif intereftedness and contempt of money, the liberality of his mind, and his encouragement of learned men. He was confident his fortune was inferior to that of many who had ferved under him: and he would not have prefumed to make fuch an affertion, but from information, that, he was well convinced, would not mislead him. Mr. Smith commended the fludy and improvements which Mr. Haflings had made in the fyftem of finance, and the encourage. met he had given to the cultivation of the foil, and the manufactures of the provinces. Many of the great families in Bengal hd fallen into decay or were dispersed; but hat mit ever be the cale, when countries changed their mafters.

In the Carnatic this had happened in a much greater degree, though it had had no other caufes, than the ambision and avarice of the nabob of Arcot. The inferior defcripti n of inhabitants enjoyed now as much general freedom and fecurity of property, as ever they dd under their favourite Acbar. Mr. Smith had been anxious for the recall of the late governor-general, though he acknowledged, that the compofure and firmnefs of his mind, in the height of our diftrefs, had greatly contributed to preferve our dominions. When he took a review of the whole tenour of his government through the course of thirteen years, he thought, that the errors or his political conduct were fo greatly over balanced by his virtues and his fervices, that he juftly deferved, instead ot difgrace, to receive a generous and liberal treatment from his country.

Mr. Pitt replied to the preceding fpeakers. Lord Hood and Mr. Wilkes had urged a comparison between Mr. Hattings's errors and his fervices; but fuch was the opinion,

that

that Mr. Pitt entertained of the importance and criminality of many of the charges, that he could not conceive how the greatest merits, that had ever been imputed in this cafe, could be fet in op ofition to them, as a plea even against conviction and punishment, much lefs again enquiry and trial. Mr. Ilay Campbel had infitted upon the analogy between the proceedings of the house and thofe of a grand jury, and hal quoted the opinion of Blackitone, that "a grand jury ought to be thoroughly perfuaded of the truth of an indictment, fo far as the evidence goes, and not to rest fatisfied with remote probabilities, a doctrine, that might be applied to very oppreffive purpo'cs." Upon this Mr. Pitt obferved, that, if the houfe of comnions were to take the proceedings of a grand jury as their precedent, it would amount to a complete dereliction of the function of impeachment, a function, which had been the bulwark of the conftitution, and which had enabled the houfe to maintain the freedom of their country through the feve ral ftruggles they had made for that purpofe. To illuftrate this he mentioned the circumilance, that the house was not competent to take depofitions upon oath. Mr. alderman Townshend had cenfured the language of the profecutors, as full of groffnels and perfonal afperity. With regard to this Mr. Pitt confeffed, that he had once been of the fame opinion, but, when he difcovered the nature of the crimes that were alleged, and how trong was the prefumption that the allegations were true, he could not expect, that perfons, who were reciding what they thought of actions of treachery, violence and oppreffion, and demanding an inveitigation into thofe actions, fhould

fpeak a language different from that, which would naturally arite from the contemplation of fuch actins. Mr. Pitt now came to Mr. Smith. He faid that, admitting. the improper difpofitions and unreafonable expectations of the government at home, no arguments could be drawn from thence to fereen Mr. Haflings from punishment. If he received improper orders from his employers, was it not his duty, to undeceive them, and by a proper reprefentation to excufe himself for the non performance of their commands? With respect to the prefents, Mr. Pitt could not accede to the opinion, either that Mr. Haflings had received thofe fums with an intention of applying them to the fervice of the company, or that he had actually applied them all in that way. Had that been his intention, he would have kept fuch accounts, and made fuch inmediate communications of them, as fhould clearly prove that it was fo. Mr. Burges read a very refpectful addrefs, fent to Mr. Haftings fix months after his departure from Bengal, and figned by fix hundred officers of the British army. The fecond reading of the report was oppofed by lord Mulgrave, major Scott and Mr. Sumner, and fupported by Mr. Martin and fir Philip Jennings Clerke. Upon a divifion the numbers appeared, ayes 175, noes 89.

Upon the following day it was voted, that Mr. Haftings be impeached; and Mr. Burke was directed, "in the name of the house of commons, and of all the commons of Great Britain, to go to the bar of the houfe of lords, and inpeach Mr. Hadings of high crimes and mifdemeanours; and to acquaint the lords, that the cominons would with all convenient fpeed

ex.