call this witness, which finally induced him to make use of his evidence. We examined Mr. Larkins, my lords; we examined all the prisoner's witnesses; your lordships have their testimony; and down to this very hour, he has not put his hand upon any one, whom he thought a proper and essential witness to the facts, or to any part of the cause, whose examination has been denied him; nor has he even stated, that any man, if brought here, would prove such and such points. No; not one word to this effect has ever been stated by the prisoner.

There is, my lords, another case, which was noticed by my honorable fellow manager yesterday. Mr. Belli, the confidential secretary of the prisoner, was agent and contractor for stores; and this raised a suspicion, that the contracts were held by him for the prisoner's advantage. Mr. Belli was here during the whole time of the trial, and six weeks after we had closed our evidence. We had then no longer the arrangement of the order of witnesses, and he might have called whom he pleased. With the full knowledge of these circumstances, that witness did he suffer to depart for India, if he This, my lords, is the

did not even encourage his departure. kind of damage, which he has suffered by the want of witnesses, through the protraction of this trial.

But the great and serious evil which he complains of, as being occasioned by our delay, is of so extraordinary a nature, that I must request your lordships to examine it with extraordinary strictness and attention. In the petition before your lordships, the prisoner asserts, that he was under the necessity, through his counsel and solicitors, " of collecting and collating from the voluminous records of the company the whole history of his public life, in order to form a complete defence to every allegation, which the Honorable House of Commons had preferred against him; and that he has expended upwards of thirty thousand pounds in preparing the materials of his defence."

It is evident, my lords, that the expenditure of this

£30,000 is not properly connected with the delay of which he complains; for he states, that he had incurred this loss merely in collecting and collating materials, previous to his defence before your lordships. If this were true, and your lordships were to admit the amount as a rule and estimate by which the aggregate of his loss could be ascertained; the application of the rule of three to the sum and time given, would bring out an enormous expenditure in the long period. which has elapsed since the commencement of the trial; so enormous, that if this monstrous load of oppression has been laid upon him by the delay of the Commons, I believe no man living can stand up in our justification. But, my lords, I am to tell your lordships some facts, into which, we trust, you will inquire; for this business is not in our hands, nor can we lay it as a charge before you. Your own journals. have recorded the document, in which the prisoner complains bitterly of the House of Commons, and indeed of the whole judicature of the country; a complaint which your lordships will do well to examine.

When we first came to a knowledge of this petition, which was not till some time after it was presented, I happened to have conversation with a noble lord, I know not whether he be in his place in the House or not; but I think I am not irregular in mentioning his name. When I mention Lord Suffolk, I name a peer, whom honor, justice, veracity, and every virtue that distinguishes the man and the peer, would claim for their own. My Lord Suffolk told me, that, in a conversation with the late Lord Dover, who brought the prisoner's petition into your House, he could not refrain from expressing his astonishment at that part of the petition, which related to the expense Mr. Hastings had been at; and particularly as a complaint had been made in the House, of the enormous expense of the prosecution, which at that time had only amounted to £14,000, although the expense of the prosecutor is generally greater than that of the defendant, and public proceedings more expensive than private ones. Lord

Dover said, that before he presented the petition he had felt exactly in the same manner; but that Mr. Hastings assured him, that £6,000 had been paid to copying clerks in the India House, and that from this circumstance he might judge of the other expenses. Lord Dover was satisfied with this assurance; and presented the petition, which otherwise he should have declined to do, on account of the apparent enormity of the allegation it contained. At the time when Lord Suffolk informed me of these particulars, (with a good deal of surprise and astonishment,) I had not leisure to go down to the India House in order to make inquiries concerning them; but I afterwards asked the secretary, Mr. Hudson, to whom we had given a handsome reward, what sums he had received from Mr. Hastings, for his services upon this occasion; and the answer was "not one shilling!" Not one shilling had Mr. Hudson received from Mr. Hastings. The clerks of the company informed us, that the court of directors had ordered, that every paper which Mr. Hastings wanted should be copied for him gratuitously; and that if any additional clerks were wanting for the effectual execution of his wishes, the expense would be defrayed by the directors. Hearing this account, I next inquired what expedition-money might have been given to the clerks, for we know something of this kind is usually done. In reply to this question, Mr. Hudson told me, that at various times they had received in little driblets to the amount of £95, or thereabouts. In this way the account stood when I made this inquiry, which was at least half a year after the petition had been presented to your lordships. Thus the whole story of the £6,000 was absolutely false. At that time there was not one word of truth in it, whatever be the amount of the sums which he has paid since. Your lordships will now judge, whether you have been abused by false allegations or not; allegations which could scarcely admit of being true, and which upon the best inquiry I found absolutely false and I appeal to the testimony of the noble lord, who is now living, for the truth of the account he re

ceived from the worthy and respectable peer, whose loss the nation has to bewail.

There are many other circumstances of fraud and falsehood attending this petition ;-(we must call things by their proper names, my lords,)—there are, I say, many circumstances of fraud and falsehood. We know it to have been impossible at the time of presenting this petition, that this man should have expended £30,000 in the preparation of materials for his defence, and your lordships' justice together with the credit of the House of Commons are concerned in the discovery of the truth. There, is indeed, an ambiguous word in the petition. He asserts, that he is engaged for the payment of that sum. We asked the clerks of the India House, whether he had given them any bond, note, security, or promise of payment; they assured us, that he had not: they will be ready to make the same assurance to your lordships, when you come to inquire into this matter, which before you give judgment we desire and claim that you will do. All is concealment and mystery on the side of the prisoner; all is open and direct with us. We are desirous that every thing which is concealed may be brought to light.

In contradiction then to this charge of oppression and of an attempt to ruin his fortune, your lordships will see, that at the time when he made this charge he had not been in fact, nor was for a long time after, one shilling out of pocket. But some other person had become security to his attorney for him.—What then are we to think of these men of business, of these friends of Mr. Hastings, who, when he is possessed of nothing, are contented to become responsible for £30,000? (Was it £30,000 out of the Bullock Contracts?) responsible I say for this sum, in order to maintain this suit previous to its actual commencement; and who consequently must be so engaged for every article of expense that has followed from that time to this.

Thus much we have thought it necessary to say upon this part of the recriminatory charge of delay. With respect to

the delay in general, we are at present under an account to our constituents upon that subject. To them we shall give it. We shall not give any further account of it to your lordships; the means belong to us as well as to you of removing these charges. Your lordships may inquire upon oath, as we have done in our committee, into all the circumstances of these allegations; I hope your Lordships will do so, and will give the Commons an opportunity of attending and assisting at this most momentous and important inquiry.

The next recriminatory charge made upon us by the prisoner is, that merely to throw an odium upon him we have brought forward a great deal of irrelevant matter, (which could not be proved regularly in the course of examination at your bar ;) and particularly in the opening speech, which I had the honor of making on the subject.

Your lordships know very well, that we stated in our charge, that great abuses had prevailed in India: that the company had entered into covenants with their servants respecting those abuses: that an act of parliament was made to prevent their recurrence, and that Mr. Hastings still continued in their practice. Now, my lords, having stated this, nothing could be more regular, more proper, and more pertinent, than for us to justify both the covenants required by the company, and the act made to prevent abuses which existed in India. We therefore went through those abuses; we stated them, and were ready to prove every material word and article in them. Whether they were personally relevant or irrelevant to the prisoner, we cared nothing. We were to make out from the records of the House, (which records I can produce whenever I am called upon for them,) all these articles of abuse and grievance and we have stated these abuses as the grounds of the company's provisional covenants with its servants, and of the act of parliament. We have stated them under two heads, violence and corruption; for these crimes will be found, my lords, in almost every transaction with the native powers; and the prisoner is di