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motion was carried without opposition. of this High Court, we should despair of The prisoner. was withdrawn from the representing properly the manner of the bar, and their Lordships returned to their Right Hon. Gentleman, or the effects Hlouse, in the fame order in which they which it produced. To lepict them faiths had left it, a Herald having called upon fully, would require abilities and lancach clafs of Lords in turn, and no clafs guage not inferior to his own. We shall ftirred till it was called, -" He called only fay, therefore, that in his descrip. first, My Lords Barons ;" next, “ My tion he was luminous and fervidd; and in Lords Bishops ; " then “ My Lords Vil. his arguments, nervous, animated and counts ;” next, “ My Lords Earls ;” perfpicuous. If, to the general regret, a afterwards, « My Lords Marquiffes ;” degree of hoarseness had not

been at times and, finally, “ My Lords Dukes." perceptible, the energy of his manner

The Court of Peers made a truly no would have fully kept pace with the fo. ble and grand appearance; every thing lemnity of the occafion. attending the business of the day was His first observations were directed to great. The occasion was..great; the a supposition which has been lately and wrongs, or supposedmvrongs, of millions affiduously inculeated, that these proof people depending upon the British Em. ceedings fo long prepared, and so long pire. The accusers were great ; the expected, would have been suddenly ter Commons of Great Britain. The judges minated from fome deficiency in forms. were great; for they were the nobles of This idea he combated with infinite forcea Britain, the third estate in the Legisla- That the moft folemn proceeding which ture.--The accused was great ; a gentle is known to the British conftitution, and man who had the high honour of repre. fo intimately suited to its dignity fenting, in the mighty empire of Indof- frongly demanded by the occafion, should tan, the greatness and majesty of the Brió be terminated by trivial informalities, rith nation.

was an idea, which, if common sense 14. The Court proceeded to read the did not immediately reject, could not, hs charges and answers, the whole of which said, be too strongly reprobated. was finished at half past four o'clock. He then opened the proceedings with Their Lordships then adjourned. a very accurate detail of the rise of the

15. The anxiety of the public to hear East India Company, from the time they Mr Burke's opening speech, was the oc

were invested with the military governcasion of the galleries for Peers tickets ment in the reign of Charles (1. to that being filled at half after nine.

when the two contending companies were At half after eleven, the Committee of united ander Queen Anne. "He briefly the House of Commons, with Mr Burke stated the progrels of their various settle at their head, came into the gallery ; and ments, from the first debarkation on that a few minutes after, the procession of the peninsula, until 1950, when they were Peers entered the House, which was in- invested with the Dewan of Bengal

. hnitely more folemn and magnificent From thence he paffed to a defcription than on the two former days. There were of the manners and situation of the napresent, Barons 54-Bifhops 17-Earls, tives of Hindoftan, which was admirably Marquiffes, and Viscounts 68.-Dukes calculated to inform the Court how far 32.-Judges 9.-Princes of the Blood their manners were dermged, and their 4-in all 164. The Court being feated, fituation affected by the misfortune of Eać and proclamation made, Mr Hastings ropean connections. The character of was surrendered by his bail.

their morality was, before that period, The Lord Chancellor demanded of thé as fublimely attractive as their manners Committee, who were the accusers of were innocent and fascinating. Having the prisoner ? upon which Mr Burke im- dwelt for a confiderable time on those mediately rose, and, after a few moments and several other collateral topics, Mr pause, informed their Lordfhips, “ that Burke was so fatigued as to be under the he stood forth by order of the Commons necessity of requesting the indulgence of of England to charge Warren Hastings, the Court, and that they would

fufpend Efq; with the commission of high crimes any farther proceedings for the present, and misdemeanours, and that he had a When he had next the honour to address body of evidence to produce to subftan them, he said, he would be able to enter tiate the whole of these charges.

on the narrative of the conduct of War Mr Burke then proceeded to open the sen Haflings, and to give a general outbufiness to the House of Lords.-Were line of his

proceedings, the

colouring of vt permitted to report the proceedings which would be better supplied by othe

gendemes gentlemen speaking on the different char- all the crimes--the mucus in which all ges, with that ability and impresion the corruptions had been engendered, he which their genius could give, and which gave a short recital of the motives that led was due to the different points of the ac- to the execution of Nunducomar. He cufation fubmitted to their Lordfhips: ftated the case of the public sale and dis

Mr Burke spoke for two hours and possession of the Zemindars. He next twenty-five minutes, at the end of which went to the measure of appointing a Countime, he, from the effect of an accidental cil of Finance, confifting of four gentlecold, appeared to be extremely exhausted. men, and a black secretary whose func

16. Mr Burke took up the matter tions were unliniited, and who was uniwhere he left off the preceding day, and verfally considered as the most complete, having spoken for three hours and a quar- fubtle, and enormous villain, that ever ter with much ingenuity, learning, and India had produced, the notorious Gune uncommon ability, their Lordships, upon ġa Govind Sing. the motion of Lord Fitzwilliam, adjourn- He then went into a minute relation of ed.

the enormities committed by Devi Sing, H. of C. 15. Mr. Fox moved, that the for purposes of rapacity and plunder ; pamphlet published by Stockdale, entite and here it is inrpoflible to give any idea led, “ A Review of the Charges against of the savage picture which he exhibited Warren Hastings, Efq;" was an audaci- to the altonished audience. The cruel ous libel againft bis Majesty, and the ties practised on the helpless people, so proceedings of the Commons of Great shocking to humanity, to modefty, and Britain upon the Charges against War- to every tender and manly feeling, cone ten Hastings, Erg;

vulsed and agitated the whole allembly. Mr Pitt agreed totally with the Honour. The ladies were, throughout the whole able mover upon the libellous nature of Hall, in an agony of grief, and the tear the pamphlet, but could by no means a- of compassion ftood in the eye of the most Tee that it extended to the Sovereign. veteran soldier present. In this part of He would therefore move, that the words his discourse, Mr Burke was so warmed referring to his Majesty be expunged by the paffion, that he exhausted himself;, from the motion.

and taking a draught of cold water, he On the question being put, there appeare was seized with a cramp in the stomach, ed in favour of Mr Pitt's amendment, which obliged him to relinquish his de Ayes, 132

Noes, 66 sign of concluding thať day; and the Mr Fox then moved, that an address Court at three o'clock adjourned. he presented to his Majesty, that he would 19. Mr Burke again took up his speech, be graciously pleased to direct his Attor- and having concluded, Mr Fox addrested Ney and Sol. Gen. to profecute the authors, himself to their Lordships, and said, he publishers, &c. of said libel. Ordered. was ready to proceed to the opening of

WeAm. Hall. 18. Mr Burke refumed the firft Charge, but that he was directed his speech. He said, that the Committee of by the Managers, on behalf of the Com." Managers, solicitous, of coming as quickly mons, to state the mode in which they as postible to the trial, and of grappling meant to proceed, which was, to open at once with the prisoner at the bar, had the first Charge; then to call the witnelles instructed him to depart from the inten. to corroborate the same, then to permit tion which he had intimated to their Lord- the counsel for the prisoner to speak to that ships of going through the whole of the charge, and to examine witnesses; then Charges with a prefatory explanation, the managers to reply, and their Lordo which must necessarily engage a confider: ships to decide upon it. He said, it was able part of their Lordships time. Instead the intention of the managers for the proof this course, he would have the parti. secution, to proceed on cach charge in the cular Charges to be respectively discussed like manner, until they had got through by the Hon. Gentlemen who should have the whole. to open them, and he would only tres. The above method of proceeding upon pals on their indulgence, by briefly ex- 'the Charges being strongly obje&ied to pofing what he, and what they all confi- by the counsel for Mr Hastings, was ore dered as the spring and fource of all the dered to be taken into consideration by cDormities of India.

their Lordships on the 21ft. This he described in a most beautiful 21. H. of L. The order of the day bevein of cloquence, to be the luft of mo- ing read for taking into consideration the Rey: and in order to prove to the High mode of proceeding on the articles of Court that this was thic fodatain-head of impeachment again: Warren Hastings,

C%

Ela Efq; the Lord Chancellor left the wool. Carried in the affirmative without a Iack, opened the business, and spoke with divifion. great force against the mode proposed by

SCOTLAND. the committee

Edinburgh, Jan. 29. The Court of Earl Stanhope, in a speech of consider. Seffion determined the very important able length, declared, that he was averse question, Whether the Members of the to carrying on the trial article by article; Coilegt of Juftice have the privilege of and likewife he thought it highly impro- being exempted from all taxations and per to determine all the charges together. affe/tments for the support of the poor He therefore wished a medium might be within the city of Edinburgh -As maAruck out, which was to class the crimek, ny of our readers may be unacquainted viz. all the acts of cruelty under one head, with the naturc of this cause, we will be In like manner the charges of corruption, excused for giving a thort narrative of &c.&c. His Lordship concluded with mo the particulars. ving, “ That the Managers for the Com- Some time ago, the Magiftrates of mons of Great Britain be directed neither Edinburgh, with a view of increafing the to proceed upon the whole of the charges, present fund for supporting the poor, nor upon their accusations article by ar• applied to Parliament, and, in the bili ticle, but to proceed upon the criminating brought in for that purpose, there was a allegations one by onc.”—This brought claute proposed to be introduced, enac, on a very warm and animated debate. ting, that, in future all the inhabitants,

Lord Coventry wilhed to give the pri- of whatever description, should be liable foner every advantage the law afforded to the tax. The Members of the College lim.

of Justice, considering this as an infringeThe Earl of Abingdon said, if a divi. pent of their rights, petitioned to be nity was to be tried in the manner pro- heard against the clause, which was orantpofed by the Managers, he must be con- ed, and the bill was cropped. Soon af. victed.

ter, the Magiftrates paffed an act of counLord Loughborough contended, with cil, empowering their collectors to levy great force and eloquence, in favour of the 2 por cent. (from which the Members trying the charges separate, or at leaft re- of the College of Justice had been hither. ducing them into such classes as might to exempted) on all the inhabitants with render the vast complicated matter eafy out exception. The consequence was a to be comprehended.

bill of fuspension, at the initance of the Lord Siormont asserted, that the de. Dean and Members of the Faculty of Sendant was entitled, by the immutable Advocates, and the Writers to the Sig. and eternal laws of justice, to make his net, whith being passed, the cause was defence in any mode he pleased. Lord brought before the Lord Ordinary, who, Grantley attacked the positions laid down after hearing parties at great length, took by Lord Loughborough; when the latter it to report, and appointed informations, anfwered the Lord Chancellor, and Lord Among a variety of able and ingenious Loughborough fpoke again, chiefly upon arguments, it was stated, on the part lof points of law. The Earl of Carline was the Members of the College of Justice, of opinion, that the defendant should not that; from the period of its institution, be tied down to open his defence before more than two centuries ago, to the prehe had heard all the evidence in fupport of fent hour, they had enjoyed a variety of thecharges. The D. of Norfolk contend- privileges, which were granted upon oced, that as the Commons could, at their casions highly honourable to them; these pleasure, bring up fresh articles of in- privileges had been ratified by subsequent peachment, arising out of the evidence, ftatutes, and confirmed by the Union ; it was more manly to give into their pro- and had been enjoyed by them, and acpofitions in the firít instance.

knowledged by the Magistrates, for more Question was atterwards put, to agree than a century, without challenge os with the proposition as stated by the Ma- complaint. The first act that paffed in nagers for the Commons,

this country for the regular support of Contents 33 Non Contents 88 the poor was in 1579, which enacted,

Queftion. That the Managers for that the tax Tould be levied on all the the Commons he directed to proceed up- inhabitants, without exception of pere on the whole of the charges, before the fons; but this, say the College, was by frifoner be called upon to open his de no means intended to compreher.? theni, cice,"

as, bendes being only occasional refident

ers in the burgh, they had been previ- ly because there was no juft reason for ously exempted from all taxa: n, and originally granting it; an idea which noto deprive them of this, a special clause ver once entered their imagination. They in the act was necesary. No attempt kncw too well the province of a court whatever was made to Tubject them to of law to suppose it had power either to the operation of the above statute ; and confer a privilege because there was i by a subsequent act in 1597, anent the good reason for it, or take away an actaxation of boroughs, the en.ertainment knowledged privilege because it was abof the poor, and watching and warding, surd. Had they indeed been addresling it was specially declared, that that act their argument to the legislature of their fhould not prejudice the privileges and country, they would have taken the liimmunities of the Members of the Col- berty of submitting, Whether it was prolege of Justice.

per of becoming in the members of a With respect to the effects of this pri- great and refpectable incorporation, to vilege on the intereits of the poor, and inlift upon the continuance of a privia the citizens of Edinburgh, it could not lege, fuppofing it really belonged to enter into this question ; their paying or them, which was to have the effect of not paying the affelment would neither throwing apon others the whole of a increase nor dimiuit the amount of what public burden, from which they derive' How's from them angually for the relief as much benefit as the refrof the inhaof diftress ; and the interest of the citi- bitants of Edinburgh: That, considered zens could only suffer on the fuppofition with a view to pecuniary emolument, that what they give in confequence of a the exemption in question could be no oblegal affefinent is the utmost extent of ject, except to those who were resolved their charity

not to give voluntarily, for the mainteOn the part of the Magistrates, it was, 'nance of the poor, what the law comwith much ability, argued, that in none of pels others in the same situation to pay : the statutes which form the poors laws of or, if the Members of the College of this country, was any thing to be found, Justice were defirbus to preserve it as which, by fair interpretation, created or an honorary difinction, they would do supposed an exemption in favour of the well to confider, whether, in this free College of Justice. The act 1579, which government of Great Britain, it is not was the bafis of those laws, undoubtedly the point of honour, that every person comprehended the members of the Col. fhould submit to his share of public bur-, lege of Justice, as well as the other inha- dens; men of the highest rank, not exbitants of Scotland. It is not difputed, cepting the hereditary nobles of the kingthat, under the authority of this ftatute, dom, being nowise distinguithed in this they are liable to be assessed in every o- "refpect from the meaneft of the people, ther part of Scotland, except Edinburgh; except by submitting to a heavier load, yet, in no part of this statute is any dif- in proportion to the value of their protinction made betwixt Edinburgh and o. perty and whether any thing can be ther baasghs. It is a general enactment, added to the real dignity of the profession, which, if it could pot reach them in E- or of the individuals who follow it, by dinburgh, should as little affect them in infifting that others ihall be abliged to any other part. That, as to their not pay for them what they owe to the

poor being inhabitants, it was an argument of their neighbourhood--thofe, whom very difficult to be treated with becoming age or infirmity has rendered unable to feriousness. Many of there had no other work the debe of humanity, recognised refidence, and, if they were not inhabi- and enforced by law. But it would be tants of Edinburgh, they were inhabi- improper in enlarge farther upon what tants no where. The act 1597, which does not belong to a court of laxt. Upcontains a clause Saving the privileges of on thefe topics, and fuch as these, the the College of Justice, appears to have world at large will judge, or perhaps been formed on some emergency and have judged already. though the poor are mentioned in the Their Lordhips delivered their several preamble, the salvo could only relate to opinions at great length, and unanimously the exemption from watching and ward- determined, that the privilege of exempo ing, which was always admitted. ition from this affefsment clearly and in

It had been afferted, on the other fide, disputably belonged to the Members of that the plea maintained by the Magi- the College of Justice, both froth Atatute Atrates had been, that the Court ought and usage. Their Lordships {poke with so abolik an establihed priviledge, mere- much candour and liberality on the

ject. They felt the delicacy of deciding House of Commons, in name of the coms 4 cause in which they themselves were munity, praying for leave to bring in a parties; but whatever might be the with bill to i'arliament for deepening and of some to wave a privilege apparently widening the harbour of Leith, and for ungracious, the immunities of an ancient empowering the Magistrates to purchase and most respectable corporation were grounds, &c. in the vicinity of the bar not to be infringed. They sat as judges, bour. The petition was this day transnot as legislators; the interpreters, not mitted to London. the makers of the law. It was only for 4. Came on before the High Court of the High Court of Parliament to inter- Justiciary, the trial of Allan Macfarlane fere in a matter of such magnitude and officer or expectant of Excise, lately ia importance.

Greenock, now in Edinburgh, and RichFeb. 2. Great praise is due to the Pro- ard Firmin, soldier in the 39th regiment prietors of the New Asembly Rooms, of foot, now quartered in the Calle of who, without other inducement than the Edinburgh, indicted at the instance of {plendour of the raetropolis, have reared his Majelty's Advocate for the crime of kuch a suite of apartments and we murder. The libel sets forth, That updoubt not, in due time, to see them finish- on the 4th of July 1787, Allan Macfar. ed and furnished with becoming elegance. lane and Richard Firinin having been

That no city of equal magnitude in employed, along with others, in mo Europe better deserves them, the display king a seizure of a ftill-pot, or pots, or of beauty and fashion, last Thursday of fome of the apparatus belonging to night, amply proved, and gave the most a still, at the village of Denoon in the pleasing testimony of general approbation fire of Argyle; and a scuffle having en. to the Mafter of Ceremonies, for whose fued at or near the shore, in the neighemolument the evening was allotted, bourhood of the faid village, at which The Ladies were, for the most part, in time Dugald Fergusson, ferryman at Deelegant fancy dresses, much in the taste noon, now deceased, had gone into a of those worn at St James's on the late boat lying off the fore, Allan Macfar. birth-day.

lane gave orders to Richard Firmin, and Among many others of the first rank others who were along with him, and and fashion, the following Nobility and who were armed with loaded musquets, Gentry were present :

to fire; and immediately Firmin levelled The Countesses of Errol, Buchan, Sel- and fired his piece at Fergusfon, where. kirk, Aberdeen, Rothes ; Lady Colvill; hy he was mortally wounded, and died Lord and Lady Elphinston: Lord and immediately, or foon after. Lady Macleod; Earl of Glencairn, and Mr Charles Hope, as counsel for the Lady E. Cunningham ; Ladies Char- pannels, made a very able speech on the lotté, Itabella, Augusta, Harriet, Mar- relevancy of the libel. He said, that tho' garet, and Maria Hay;

two Lady Steue he did not mean to make any objection arts; Lady Labella Douglas ; Lady to it, yet the circumftance rccited in the Mary Hogg; Lady Margaret Watson; indictment itself, of “a scufile having the Lady Charteris's; Lord and Lady ensued,” would have sufficiently justified Haddo ; Earl of Eglinton; Lord Tor- him in so doing; because that of itself phichen; Lord Doune ; Lady Susan and clearly shewed, that the murder was not Mary Gordon; Hon. Gen. Leslie; Hon, wickedly, feloniously, and deliberately Mrs Hay; Hon. Miss Sempill; Sir Wil- committed, as stated in the indictment. liam and Lady Forbes ; Sir Archibald Mr Hope faid, that, so far from this be and Lady Hope ; Sir Alexander and ing the case, the pannels were employed Lady Purves ; Sir John Henderson: Sir in the lawful execution of their duty, James Hall; Lord Chief Baron and Mrs when they were violently attacked by a Montgomery; Hon. Mr Baron Norton; great mob' of disorderly people, and were Lord Ankerville ; Mrs Miller; Mrs put, in imminent danger of their lives. Macrae; General Fletcher; Hon. Mr Fergusson, the 'unhappy fufferer,' being Gordon: Hon. Captain Maitland:- In the ringleader, and who was employed, short, fo {plenid a company has hardly at the very instant he was thot, in puta been seen at once in the Rooms. It is ting off their boat from fore, after hasupposed near a thousand persons were ving knocked down the two boatmen prelent.

who were taking care of it. This boat, 2.. An extraordinary Council was held, Mr Hope observed, was the only means when the Lord Provost, Magistrates, and left for the pannels and their party, to Council, figned a petiüop to the Hon. make their escape from the great

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