The British Press; or, Morning Literary Advertiser. — London, England, 1806-06-19 00:00:00

Mr. PAM immediately Mee, and proceeded to interrogate }us Lordship with respe& to transac ti.,ns in In:!ia, from the period of his appointment to the post of Governor-General. A question being put to the Noble• Lord, with respect to the opinion he ente►tained of certain treaties, which had. been Weed into vr:th the native Princes— Mr. CARILOW rose, and said, that whatever questions were asked should merely relate to facts. lie apprehended that the opinion of the Noble Lord, wi h regard to written documents, could not, with prop.ietv, he asked; as the opinion the House shou:d entertain, would be best known from the treaties themselves. Mr. P NUL sai.l, if he was not allowed tO put the question, a part of his charge must remain with out proof. Mr. GAR!tOW said, the only mode the Hon. Cent' .man could pursue, was first to prove the fad, and then to produce the treaty, to show is what manner it was broken. .Tr. JOHNSTONE did net think the Hon. Gentleman (Mr. Paul) would end himself in any d;fficulty, as he could ask whether any demand was made on the Vizier, in consequence of additional troops ? Mr. PAUL then proceeded with the examination. Upon the question—" If the Nabob had made a forcible representation of the condo& of the resi dent (Mr. Cherry), for imprOper interference, would your Lordship have thought yourself fed in c winning him at Lucknow ?" Lord Teignmouth was about to read, from a pa per which he held ir his hand ; when Earl TEMPLE begged the Noble Witness might with& aw. He then submitted to the House, whether it was proper the Noble Lord should read his reply from papers, which were already before the C immittee ? or whether it would not be better to prevent the House from having garbled ex tracts from them enforced upon their attention, a , id to save time, that the Witness should say at once, that t'-e answer was to be found in the Papers? Mr. FRANCIS said. he thought also that the reading of Papers was anomalous, and that it was the pred.ce, in such cases as this, for :he Wit nesses to refer to papers, for any purpo,e, beyond that of refiedii•ig their memories. Mr. ROSE considered it improper that the No ble Lord should be interrogated as to his opinion upon any point, and thought that the testimony ought to be confined to metier of fad. Mr PAUL said, the ma/lice of reading from papers had heen invariably pursued during the im peachm-rit of Mr. Hastings, and the Noble Lord was merely Yeferring to memorandums which be held to his band, for his individual use. Mr. GAR ROW could not canimive what the opinion of the Noble Witness, asked for in the in tierrogatory, could have to do with the malversatina !barged against the Governor-General of India !le hardly knew to what extent that House felt it . - self privileged to make such inquiries in a case of the nanny or don before them ; but, certainly, in *ay other plane, the min of evidence would not permit ere enrol-, as to the opinion of witness. Dr. LAWRENCE said, he 'thief tnoliWUr doe ' Hon. Gentlemen Garrow), that the House had a lathe* of isrleiry, which awas sibt _fettered by judicial torm : but this question, he thought, was quiteneyond objedion, as it was not one tendiog directly to criminate the Defendant. Would not the Hon Gentiernaa, in the situation of an Attorney- G• net al, have been able, even in a court of justice, to pus a question that should /red to legal evidence t It was an endeavour to discover the situation of a party. as in the case of a conspiracy, in which Lord Hardwicke had laid down the law, that such an inquiry was Admissible. Mr. CAR !LOW said, be was not acquainted with any predicts, •in such cases, that were not within the rule of evidence; but coming from the Courts below, and igtorantly, as it seemed, straying into that House, he• was certainly disposed submissively to receive the linson of the "Learned Dodor," on the usage of Parliament, and then retire : but he would first, in explanation, say, that if the House really knew no Mounds, in miestions of judicature, all the lawyers *ad been of opinion that it was right to restrain then!. In reply to the question of the •• Learned Drisbor," whether, as an Attorney-Ge neral. I e would! not, in certain cases, allow hearsay twister( he woe ald tell the "Learned Dolor" thathe certainly would not. When the matter of inquiry was ultimately to b 4 laid before a Criminal Cows, the " Learned D - sects , r' should know that no such thing was admiued r i t must he all sterling, legitimate evidence. Ile a insidered that the House must he satisfied, as they -would answer upon their honour, that there was gel rficient impeachable ground in the facts proved b4cS e them, to institute a criminal trial; and that they wit to not to collect it from the opi silos of witnesses. On the grourd; stared, he thought these reasoningApiestions were not admissible. Mr. W INDHI thought that thetone and style of the Hon. and cLearned Gentleman was no? so Modest as it bet !erne Gentlemen to address that Howse in. He it mid not but thank him for the leaner he had Oven to the House, and to his Hon. Friend (Dr. La 9 reuse) in particular ; but for him self, he thought 1 e should not much profit by it.— llts Learned Greitleman had stated, that he had tome from the I:ornts below ; but he (Mr. Wind ham) thought h t had forgotten that, and fancied himselt is. the (courts below still. (if hvigh, acid hear/ bear Garrow bad spoken in an ele vated tone of and with some irony.) The point on which they were at ismo was, whether the inks of chile Ice in Westminster Hall, were the elites which bound a Committee of that House? He could not, ;however, cot ctive any thing more opposite than the principles of the two Courts. Pro fwecitiv of inqtary were so different from proceed ings of judgmesst, that he would not trouble the House vino an iitmetvation on thew. The techni cal 'Wes of con rts of law were not binding upon that House. The Hon. and Learned Gentlemen had dune no cretin to his judgment, to state that his Learn. d Friend (Dr. Lawrence) had said, that loose and hearses) evidence was admissible. What had been advanded bad no such bearing. As to the question which had been proposed, it related to the duties of a situation which the witness had him. self tilled ; and surely his opinion was the best which t h e House could resort to for information. The Right Hon. Gentleman concluded with the observe tiow that the last Speaker was as new in his protect si►uation, as he was bold and coniiiant in that from which he came. Dr. LAWRENCE said, that the Hon. and Learned Gentleman (Mr. Garrow) would find the decision of Lord Hardwicke, to which he had al luded, expressed on the trial of Lord I .ivatt, which he recommended him to read before lie next came into the f lOU 3e. 1 hat Learned Judge had said, that a conspiracy might he proved by hearsay evidence, although not a criminal charge established by it. I'he Howe was not now sitting as a Court of Judi cature ; but in case of an Impeachment, there would be another process, after Managers, &c. had been appointed. Mr. C. ARROW expressed his surprise at the se verity of the language which had been applied to him by a Right Honouraule Secretary (Mr. Wind ham). He had said, that he should i.ot profit by the lecture which he (Mr. Gatrow) had delivered ; —this was the second time he had ever addressed that House, and if he was deserving of a rebuke, the ledure of the Right H•muarable Geralcman would certainly be profitable to him ; and he could not but thank him for the courtesy and kindness with which it had been given. He was not fencing with the argument of the Learned Gentleman (Dr. Law rence), but would again decidedly express his con. vidioa, that no hearsay evidence could be legally received, to advance the convidion of any man, for a crispiraey or otherwi , e. Mr. MARTIN (of Galway) thought the question was one extremely relevant and proper, as it was as liable to lead to the jnstification, as the condemna tion, of the Noble Defendant. He thought there was a wide difference between the erred the expres sion of an opinion would have on an illiterate jury, in a court of law, and on an assemblage of the Members of that House. Mr. PAUL said, the question was necessary to substantiate an important charge of tyraonous con duet on the part of Marquis Wellesley. The !Pre sence of the Resident, at Lucknow, was so obnoxious, as to induce , ‘l.- Vizii-r to :indicate his throne. Sir WM YOUNG thought that care ought to be taken to pa ivaint the privileges and praCtices of the House b g subverted by the rules of Courts of Law. Sir AR I'HUR WELLESLEY thought the praCtices of the Courts, for the discovery of truth, ought to be adhered to. Mr. ROSE said, the House was mneh indebted to an Hon. and Learned Gentleman ( Ir. Garrow), for the information he had bestowed ;ant coincided in the opinion of the Hon. Bart. (Sir A Wellesley). Mr. FRANCIS and Lord HENRY PE ITY contended for the necessity of not submitting to the guidance of inferior Courts, and thought the ques urn not improper. Strangers were ordered to withdraw, and the House was ah'ut to divide on the question; when Mr. WILBERFORCE suggested, that it would be better, if possible, to put it in such a shape to the witness, as would leave the House to draw their conclusions fr ins the answer, and obviate the dif ference of opinion in the House. Mr. PAUL said, that the question was of import ance, and others ofthe like nature would often occur. A division was - again about to take place, but the opposition was relinquished, and the House agreed that the question should be put. The examination then proceeded. To malty of the interregatucies, Lord Teignmouth answered by a reference to his minutes ; and in an swer to some questions relative to the raising of the contribution upon the Nahob, from seven and a half lacks. to seventy-six lacks, and whether he did not think that sum stiff cent to defray the expenees of defending the territory of Oude ? He replied, that he thought it sufficient, but by no means an ex cessive contribution. When the examination went on to about half-past ten o'clock, the Chairman (Lord Folkstone) informed the Noble Lord, that if he was fatigued, he was at liberty to sit down. He then stated, that the Company was blond, as well by their own interest. as by treaty, to de fend Oude against any enemy. The Company was also bound to prottet the Nabob against any rebel lion; but, when the treaty was made, he did i.ot foresee the probability of any such event. As to the introduSion of troops into Oude in time of pro found peace. and at the expense of the Nabob, the case never occurred ; and he should not have consi dered himself justified its doing so. He never knew the Nabob guilty of any ad of cruelty or oppres sion, during the short period that he haJ any per sonal knowledge of him ; and as to his general eharader, he referred to what appeared in big mi nutes. On some questions being put relative to the consult/thin of treaties— Mr. STURGES BOURNE ohjeaed to them, as being the opinion of the Witness, not of a f.ta bet of construaions, which the House was itself ct capable of making. Such an examination he thought to be a waste of the time of the House. Mrs. PAUL thought himself justified in qaest;on- Mg Vie Noble Lord as to the construaion of bis own treaty, which was conformable to precedent. Mr. C. WYNNE thought the House was itself capable to judge of the construftion of a written paper. After some farther observations. the exa mination was resumod upon the construaion of die treaty of 1798. The demand of territorial ceuion in peace. would, in the Witness's opinion. be a vio lation of the treaty, except it was by way of secu rity for the payment of arrears. Mr. WALLACE requested an adjonrnment for five minutes, an order to present an Election Pe tition against the return lot Wexford, which, by the orders of the House, could not be received after twelve o'clock. Mr. FOX suggeited whether, as it was already eleven o'clock, and an chance of concluding the ex aminatian tn-night, it would not be better for the Committee adjonrn till to-morrow Mr. WALLACE said, he should not detain them See minutes ; after which, the Committee was ad journed for five minutes, and leave given to the Chairmin to ag.tin immediatcly. Mr WALLACE then presented a Petition from Mr. Gectge Davis, complaining of the eledinn of Cesar Coickagh, Esq. as Knight of the Shire tor the County of Wexford, on the ground that he had sot bee n resident in Ireland for many rears. The Petition was ordered to be txken into con sideiation on lhersday the Sd of July next. The CurrlinW.le was then resasned, and the eli mination proceeded. Anil, a WELLESLEY cross-examined the Noble Whom, and several roestinnryrere also put to him by Mr. Martin, Mr. Wallace, and some other .Members. . Dr. LAWRENCE asked whether the Nabob was subjeft to habitual intoxication, contrary to the' pratice of a good Mossoimin! Mr. WALLACE objected to the question, as papers to that etre& were denied upon his motion on a former day. Dr. LAWk . ENCF. thotn;ht it a proper question, as others had already been asked reseeding the Nabob's eharader. Sir A. WELLESLEY also objected to it, as this examination would be printed, and give the subjeds of that Prince bad impressions of his ebarafler• Mr. JOHNSTON}... observed, that the natives of . that country did not take their impressions of cha raCter front any proceedings in this country. Mr. WELLESLEY POLE objeded to the question, but not on account of the effea it would have on the case of the Noble Marquis. Atter some further observations from Dr. Law rence, Sir A. Wellesley, Mr. Wallace, and Lord 'Archibald Hamilton, Sir J. WROTITSLEY proposed to adjourn; but agreed to defer it, merely for 10 minutes, when he should move it again. The question was then put, whether the Noble Witness should answer the question---" It the NA bob were' in habits of intoxication contrary to asr pradice of a true Musuilman Sir J. \VROTTESLEY renewed his motion fur an adjournment. Mr. ROSE requested that he would withdraw it, and stated his objeCtions to the qu,stion. Sir JOHN acceded to ,' e r :quest. On the question being put, and carried in the affirmative, the answer was, "that he was in habits of intoxication from spirituous liquors ; but had such discretion, that ne seldom exposed himselt." He further stated, that the Mahornetans values} themselves more their religion than their mo rals. He did not know of such a maxim as " let the chilli en of those who wear turbans be true to the wearers of turbans," but recolle,9ed having himself once excmanged his hat for a turban with one of the natives. After some further examination of the Noble Lor 1, by Mr. Johnstone, Sir Arthur- Wellesley, Mr. Huddleston, and Mr. Paul, the Noble Lord was suffered to withdraw. Lord FOLKESTONE then moved, that the further consideration of the matter be proceeded oe in a Comniittee this day." Earl TEMPLE wished to be informed how long the Hon. Gentleman (Mr. Paul) thought it might oe, before he would conclude the examination of the other witnesses. Mr. PAUL answered, that he had eight more witnesses to examine upon the present charge, and hoped to pet through them in two says. With re spell to the Ferrukabad charge, it was impossible for him to proceed in it for at least three weeks or a month. He th-refore moved, that the Order of the Day, for taking the said charge into considera tion on Thursday next, be posspoaed to a future day s " we . r wao-meme..iiwgiy wood Mr. FOX oaserved. that there was other business of very great issportaace yet to be disposed of, but if there was the least orospea of getting through the evidence on this subjeA to-morrow or next day, he had no objedtion, in the absence of his Right Hon. Friend (Mr. Windham), to postpone the se cond reading of the Training Bill, which stood for this day, until next week ; but then he hoped the Hnu.e would suffer it to proceed to a Committee without any further delay. After some desultory conversation between Mr. Fox, Mr. Paul. Lord A. Hamilton, Earl Temple, Sir A. Wellesley, Mr. Wellesley Pole, mild the Speaker, on the subjed of meeting at an early :.our, for the purpose of examining the Witnesses aiuded to, it was agreed, that the Speaker should take the Chair as soon after three o'clock to-morrow, as pos sible, in order to dispose of as much of the private and routine business before five o'clock, as could be got through ; and, that at that hour, the House should resume the further Plasmitiation of Wit :ease-, in preference to every otl er public lan.luesi. On motion of Mr. WELLEiLEY POLE, the minutes of the evidence were ordered to he printed. After which the other ori'ers Gf the day were die pitied of, and at One o'Clock the House adjourned. EAST INDIA NOUSE. Yesterday a C nut of Direetors was held at the East India Douse, when, after the eloceedings of the former day had been read, and some other rou tine hu,iness was disposed of, The CHAIRMAN called the attention of the Court to the subjen of a Resolution of the Court of Di. reCtiirs, granting a salary of 40001. per annum to the Rixorder of Prince of Wales's Island. Having adverted to the necessity et having a Court of Civil and Criminal Jurisdiction in that Island, he said, he understood the Gentleman who had been appointed to that situation, was highly eligible to the office, and had been well recommended by Government. The Diredots had wished, and proposed, that a Mayor and Aldermen should have been appointed to administer justice, but His Majesty's Ministers thought proper to interfere, and propose, that this ollice of Recorder should be established; and the Court of Diredors having maturely considered the Plan laid before them for the due administration of justice, in that Island, approved of this meatur‘ The Resolution being read, Mr. Jois vas use said, that consistent with the de cided opposition he had hithetto given the whole of this measure, he rose to express his dissatisfac tion of the Resolution which U been jhst read ; he could not see the neces ity of gra itios so large a salary to such an establishutent ;4d, thenfute, de cidedly opposed it. Mr. Kassel.' Ins of the • siine opinloss, and could not reconcile: stich a proceeding alb the pre sent depressed salted - the Com›,any's affairs- The CH Ala i. i'auserered, that the duties of thi s office would be very aidttou, and that salary W 45 allowed inlieu of airs and Pei-414094k' ; so that, in fad, whttiedtver accepted at the ,office, c , iuld de rive' no othetr advantage' from it ; besides; the dfi. ficulty of pindiring a person who was fit for such an office, continent wit! his tank tattle, his knoo - ledge and talents to fill such a situation; altogether, the eligibility of such a person beorg tokea into cots ~x*? eratims, he could not conceive that his rum mild be granted. Mr. Hunnttsvou d•elared, thee Beet tbr of the Company's final(' s at preset. he eery.; eve agree with the Honourable Chairman, and thflele t this salary much too gr•o7 fm• the dory anJ satia tion. He adverted to tn." inisnintmens ofd t tr. 'Si!. livan, as Attotney-Generel hibokus.l gentlet.!an equally high in rank ar 2 Ades with the en.leiti man (Mr. Ormsby), . - as appointed to the office in question, an &fie- war superior to .4 held by Mr. Sullivan. whose salary was only SO pagodas per month, aunt 2,5001 per annum. The Cuaunuty ex e ies:ed :nu..rh surprise at hearing the lehourable Gentleman now oppose what 11.• hacierstond him to have acq•iiesced is upon a former occasion, and wished he had made his ce. jalioa soonor. Muds had been said on the b 4 stare of the r --- -•inv's finances. but in this he coed • • • sonsewlist Company's in , not agree; and although they might be _ reduced at prevent. yet they were by na mean/ in such a state u to prevent the Company's rinsing such a salary, to any G •ntlernan going one is istiCh a situation ; it' the Horouradile Gentlemais bail read the last dispatches from that Island, be would have sees the nece►sity ef sending not such an aillear. Much might also ' of my of former times . came wit.iin their immense fortunes, This, however, cow instance; and he: plan the Company t hheral salaries. It the Direlors to have s for the administration o, would be little expence vernment proposed k no alternative left, but tice under this regahtion. posing to have read se patches before alluded These dispatches pediting the Charter ment of the Island, . committed with impunity of a proper Judicature, L the case of eleven persons guilty of 1044111 r, WIMP were suffered to go unpunished. Mr. K resits reprobated the idea of the Court • of Dire&ors, who had so much the guidesee of dm Company's affairs, .suffer y measure to be Government, See siforot .ering any . crammed down their throats by s. could he suppose the Company would them in such coaduet. After some explanation from Mr. Hvasstsvois. Mr. PETER Mower said, that he also. consistent with his former opinion on this subjeti, strongly opposed this measure, nor could he think of sup porting the Board of Dire/ors, until they should again adopt the measures rev - tilted to in 17[11, those of owasnomy and reformation. The means were in their own power, not could he agree to any mine sure which had for its objea an extravagant Capella. -.Aimee of the Covnprwy's-fendw.--s- -- - - - - In answer to a question from Col. Syms. it ap- ; peered that the salaries et the Recorders of Madras and Bombay, were aOOOl. per annum each: Mr. Jonas-roue again addressed the Court; lie ..% could not conceive why so enormous a salary sb6uld be granted for suth a situation, in an island not so big as the Isle of Wight, where a Judge would have nothing scarcely to do, and Whose salary for one year, would cover all t.xpences of litigation that might arise in ten. He did not expect that the Court of Proprietors would iupport the Direaors in any such measure as the present, when they suf fered any person wha•ever to be imposed upon them by His Majesty's Ministers, who had endea voured to dictate to them upon every tobjeft, and particularly in a very recent instance, when they en deavoured to force a minion of their own as Gover nor-Gene-al of India. [Here the Hooottraile Castle man wise coiled to order by Colooel .iymes.] He replied, that in making use of that expression. he meant no disrespea to His Majesty's Government, but he could not gire his support to such measures, and declared, in conclusion. as his opinion, t h at t h e present establishment of Prince of Wales's Island, would not exist two years longer. Colonel Sviats spoke at some length in support of the measure. The Cita te is •ti again adverted to the importance of the Island, both in a commercial and naval point of view, as a situation long wanted by the Company. He strongly reprobated the language made use of by the Hon. Gentleman (Mi. Johnston.), and thought it highly unbecoming in that Court, how ever he might be authorized to repeat it in that determined cod strong opposition, which he so aniformly gave to all measures of His Majesty's Ministers in another place. Mr. Jolt ris-ros% in explanation, replied, that be never gave any decided or strong opposition lit His Majesty's Ministers, except in the recal if Str George Barlow, from the Government of India; a man high in the confidence of the Company, and wl.use condu6t, in every respect, was highly me ritorious. This measure, done in diteEt oppositiena to the Company's wish, and also the appointment of a person in his mom, totally adverse to their inclination. he must ever reprobate. Mr. It. TKOS:ITO/4 strongly condemned the con dug of the Honourable Chairman, for meting any such refleCtiona upon the sentiments of any Renoir?. ahl.. Gentleman, who had a right to express himself in that Court; •he considered eve' y gentleman pre. seta was entitled to declare his opitaon leafy and ' faprly upon any sobjea before th, Court. Wilk' rasp Et to the measure itself, it was a child born wiien he was sent to grass, and out of .. • direliOni— cle•efore he had nnthi'-g to say to it ; but at all vents, he thougl't •sonie ur.enimi'y should be ob >creed in -h- c oitse of their proceed-igs. Sir FRANCIS figl.4lllo Vli%hCd much to see that harmony an 4 unanimity could p-ev.til Among them; nit he could nut help reprobs i tic the iatemperate anguag- of an H 'is Gnutleman. (Mr. Johnstone) mho t0..1t an W4'lll a part to the de • i:e. As to the treasure fusel; he p.ve it hi. decided approbation. .Afar some further ohservatioils, eir Qu. fl was iota JIT c ill-4 fot. ant being put, .. tha t ~,,, 'mart of Korir.. rot,. • vie - with Ihe Court of Di reerors in th s Ress ii;on," the r). p a rt,, w , n. ,. ,. tired without a Dis.siou. and the Court eejoufued. ••. e•-•- - ..____ _. ...... _ ~ minimmiddliii. st scatting tali. swat art ow! • be said of clic virtue and seeelnee es ; but it should be remembered. reons then had bet small salit4ea. - Teeple •' tbing 40110 1 reach, they were ena led toasted , at the expence of the Company. ,uld not ba the case in the present 'therefore coatended, that the bee y ever adopted, was that of giving It was originally the intention of have had a Mayor and Aldermen stion of Justice in the Island, who tspeare to the Company, but Go- pd a Recorder; and the Board had t, but to take their Charter of he.. !gulation. He concluded by pro- read some extrails from the as- laded to. les represented the neoeseity of et. rter of Justice for the good govern. id, and related several enormities Impunity by Europeaus, for wave :aturs, and patties's:lT aikded w '