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motion was carried without oppofition. The prifoner was withdrawn from the bar, and their Lordhips returned to their Houfe, in the fame order in which they had left it, a Herald having called upon each clafs of Lords in turn, and no clafs ftirred till it was called," He called firft, My Lords Barons;" next, "My Lords Bishops;" then "My Lords Vifcounts;" next, "My Lords Earls;" afterwards, "My Lords Marquiffes;" and, finally, "My Lords Dukes."

The Court of Peers made a truly no ble and grand appearance; every thing attending the bufinefs of the day was great. The occafion was..great; the wrongs, or fuppofedevrongs, of millions of people depending upon the British Empire.The accufers were great; the Commons of Great Britain.-The judges were great; for they were the nobles of Britain, the third eftate in the Legifla ture. The accufed was great; a gentle man who had the high honour of reprefenting, in the mighty empire of Indoftan, the greatnefs and majesty of the British nation.

14. The Court proceeded to read the charges and answers, the whole of which was finished at half paft four o'clock. Their Lordships then adjourned.

15. The anxiety of the public to hear Mr Burke's opening fpeech, was the occafion of the galleries for Peers tickets being filled at half after nine.

At half after eleven, the Committee of the Houfe of Commons, with Mr Burke at their head, came into the gallery; and a few minutes after, the proceffion of the Peers entered the Houfe, which was in finitely more folemn and magnificent than on the two former days. There were prefent, Barons 54-Bifhops 17-Earls, Marquiffes, and Vifcounts 68.-Dukes 32. Judges 9.-Princes of the Blood 4-in all 164. The Court being feated, and proclamation made, Mr Haftings was furrendered by his bail.

The Lord Chancellor demanded of the Committee, who were the accufers of the prifoner? upon which Mr Burke immediately rofe, and, after a few moments paufe, informed their Lordships, "that he ftood forth by order of the Commons of England to charge Warren Haftings, Efq; with the commiffion of high crimes and misdemeanours, and that he had a body of evidence to produce to fubftantiate the whole of these charges.

Mr Burke then proceeded to open the bufinefs to the Houfe of Lords. Were we permitted to report the proceedings

of this High Court, we should despair of reprefenting properly the manner of the Right Hon. Gentleman, or the effects which it produced. To depict them faith fully, would require abilities and language not inferior to his own. We fhall only fay, therefore, that in his defcrip. tion he was luminous and fervid; and in his arguments, nervous, animated and perfpicuous. If, to the general regret, a degree of hoarfeness had not been at times perceptible, the energy of his manner would have fully kept pace with the folemnity of the occafion.

His firft obfervations were directed to a fuppofition which has been lately and affiduously inculcated, that thefe proceedings fo long prepared, and fo long expected, would have been fuddenly ter minated from fome deficiency in forms. This idea he combated with infinite force. That the most folemn proceeding which is known to the British conftitution, and fo intimately suited to its dignity-fo ftrongly demanded by the occafion, fhould be terminated by trivial informalities, was an idea, which, if common sense did not immediately reject, could not, hẹ faid, be too strongly reprobated.

He then opened the proceedings with a very accurate detail of the rife of the Eaft India Company, from the time they were invefted with the military government in the reign of Charles 11. to that when the two contending companies were united under Queen Anne. He briefly flated the progrefs of their various fettlements, from the firft debarkation on that peninfula, until 1750, when they were invefted with the Dewan of Bengal. From thence he paffed to a defcription of the manners and fituation of the natives of Hindoftan, which was admirably calculated to inform the Court how far their manners were deranged, and their fituation affected by the misfortune of Ea ropean connections. The character of their morality was, before that period, as fublimely attractive as their manners were innocent and fafcinating. Having dwelt for a confiderable time on those and feveral other collateral topics, Mr Burke was fo fatigued as to be under the neceffity of requesting the indulgence of the Court, and that they would fufpend any farther proceedings for the prefent When he had next the honour to address them, he said, he would be able to enter on the narrative of the conduct of War ren Haflings, and to give a general outline of his proceedings, the colouring of which would be better fupplied by other

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gentlemen speaking on the different charges, with that ability and impreffion which their genius could give, and which was due to the different points of the accufation fubmitted to their Lordships:

Mr Burke fpoke for two hours and twenty-five minutes, at the end of which time, he, from the effect of an accidental cold, appeared to be extremely exhausted. 16. Mr Burke took up the matter where he left off the preceding day, and having fpoken for three hours and a quarter with much ingenuity, learning, and uncommon ability, their Lordships, upon the motion of Lord Fitzwilliam, adjourned.

H. of C. 15. Mr. Fox moved, that the pamphlet published by Stockdale, entitled, "A Review of the Charges against Warren Haftings, Efq;" was an audacious libel against his Majefty, and the proceedings of the Commons of Great Britain upon the Charges against War ren Haftings, Efq;

Mr Pitt agreed totally with the Honourable mover upon the libellous nature of the pamphlet, but could by no means agree that it extended to the Sovereign. He would therefore move, that the words referring to his Majefty be expunged from the motion.

On the queftion being put, there appear ed in favour of Mr Pitt's amendment, Ayes, 132 Noes, 66 Mr Fox then moved, that an addrefs he prefented to his Majefty, that he would be graciously pleased to direct his Attorney and Sol. Gen. to profecute the authors, publishers, &c. of faid libel.-Ordered.

Wem. Hall. 18. Mr Burke refumed his fpeech. He faid, that the Committee of Managers, folicitous, of coming as quickly as poffible to the trial, and of grappling at once with the prifoner at the bar, had inftructed him to depart from the intention which he had intimated to their Lord fhips of going through the whole of the Charges with a prefatory explanation, which muft neceffarily engage a confiderable part of their Lordships time. Inftead of this courfe, he would have the parti cular Charges to be refpectively difcuffed by the Hon. Gentlemen who fhould have to open them, and he would only tref. pals on their indulgence, by briefly expofing what he, and what they all confidered as the fpring and fource of all the enormities of India.

This he defcribed in a most beautiful vein of eloquence, to be the luft of money and in order to prove to the High Court that this was the fountain-head of

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all the crimes-the mucus in which all the corruptions had been engendered, he gave a fhort recital of the motives that led to the execution of Nunducomar. He ftated the cafe of the public fale and difpoffeffion of the Zemindars. He next went to the measure of appointing a Coun➡ cil of Finance, confifting of four gentle men, and a black fecretary whofe func tions were unlimited, and who was univerfally confidered as the most complete, fubtle, and enormous villain, that ever India had produced, the notorious Gun ga Govind Sing.

He then went into a minute relation of the enormities committed by Devi Sing for purposes of rapacity and plunder; and here it is inpoffible to give any idea of the favage picture which he exhibited to the aflonifhed audience. The cruelties practifed on the helpless people, fo shocking to humanity, to modefty, and to every tender and manly feeling, con vulfed and agitated the whole affembly. The ladies were, throughout the whole Hall, in an agony of grief, and the tear, of compaffion ftood in the eye of the most veteran foldier prefent. In this part of his difcourfe, Mr Burke was fo warmed by the paffion, that he exhaufted himself; and taking a draught of cold water, he was feized with a cramp in the ftomach, which obliged him to relinquish his de fign of concluding that day; and the Court at three o'clock adjourned.

19. Mr Burke again took up his fpeech, and having concluded, Mr Fox addressed himself to their Lordships, and said, he was ready to proceed to the opening of the firft Charge, but that he was directed by the Managers, on behalf of the Commons, to ftate the mode in which they meant to proceed, which was, to open the firft Charge; then to call the witneffes to corroborate the fame, then to permit the counsel for the prifoner to speak to that charge, and to examine witneffes; then the managers to reply, and their Lordfhips to decide upon it. He faid, it was the intention of the managers for the profecution, to proceed on each charge in the like manner, until they had got through the whole.

The above method of proceeding upon. the Charges being ftrongly objected to by the counfel for Mr Haftings, was or dered to be taken into confideration by their Lordships on the 21ft.

21. H. of L. The order of the day be ing read for taking into confideration the mode of proceeding on the articles of impeachment against Warren Haftings,

Efq; the Lord Chancellor left the woolJack, opened the bufinefs, and fpoke with great force against the mode proposed by the committee.

Earl Stanhope, in a speech of confiderable length, declared, that he was averfe to carrying on the trial article by article; and likewife he thought it highly improper to determine all the charges together. He therefore wifhed a medium might be ftruck out, which was to class the crimes, viz. all the acts of cruelty under one head. In like manner the charges of corruption, &c. &c. His Lordship concluded with moving, "That the Managers for the Comnons of Great Britain be directed neither to proceed upon the whole of the charges, nor upon their accufations article by ar ticle, but to proceed upon the criminating allegations one by one."-This brought on a very warm and animated debate. Lord Coventry withed to give the prifoner every advantage the law afforded

him.

The Earl of Abingdon faid, if a divinity was to be tried in the manner propofed by the Managers, he must be convicted.

Lord Loughborough contended, with great force and eloquence, in favour of trying the charges feparate, or at leaft reducing them into fuch claffes as might render the vaft complicated matter eafy to be comprehended.

Lord Stormont afferted, that the defendant was entitled, by the immutable and eternal laws of justice, to make his defence in any mode he pleased. Lord Grantley attacked the positions laid down by Lord Loughborough; when the latter anfwered the Lord Chancellor, and Lord Loughborough fpoke again, chiefly upon points of law. The Earl of Carlife was of opinion, that the defendant thould not be tied down to open his defence before he had heard all the evidence in fupport of the charges. The D. of Norfolk contend ed, that as the Commons could, at their pleasure, bring up fresh articles of impeachment, arifing out of the evidence, it was more manly to give into their propofitions in the firit inftance.

Queftion was afterwards put, to agree with the propofition as stated by the Managers for the Commons.

Contents 33 Non Contents 88 Queftion." That the Managers for the Commons be directed to proceed up on the whole of the charges, before the prifoner be called upon to open his defence."

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Edinburgh, Jan. 29. The Court of Seffion determined the very important queftion, Whether the Members of the College of Juftice have the privilege of being exempted from all taxations and affelments for the fupport of the poor within the city of Edinburgh ?-As many of our readers may be unacquainted with the nature of this caufe, we will be excused for giving a thort narrative of the particulars.

Some time ago, the Magiftrates of Edinburgh, with a view of increafing the prefent fund for fupporting the poor applied to Parliament, and, in the bill brought in for that purpofe, there was a claufe propofed to be introduced, enac ting, that, in future all the inhabitants, of whatever defcription, should be liable to the tax. The Mernbers of the College of Juftice, confidering this as an infringe ment of their rights, petitioned to be heard against the claufe, which was grant ed, and the bill was dropped. Soon af ter, the Magiftrates paffed an act of council, empowering their collectors to levy the 2 per cent. (from which the Members of the College of Juftice had been hither. to exempted) on all the inhabitants without exception. The confequence was a bill of fufpenfion, at the inftance of the Dean and Members of the Faculty of Advocates, and the Writers to the Sig net, whith being paffed, the caufe was brought before the Lord Ordinary, who, after hearing parties at great length, took it to report, and appointed informations.

Among a variety of able and ingenious arguments, it was flated, on the part of the Members of the College of Justice, that, from the period of its inftitution more than two centuries ago, to the prefent hour, they had enjoyed a variety of privileges, which were granted upon occafions highly honourable to them; these privileges had been ratified by fubfequent flatutes, and confirmed by the Union; and had been enjoyed by them, and acknowledged by the Magiftrates, for more than a century, without challenge or complaint. The firft act that paffed in this country for the regular fupport of the poor was in 1579, which enacted, that the tax fhould be levied on all the inhabitants, without exception of per fons; but this, fay the College, was by no means intended to compreher. them, as, besides being only occafional refident

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ers in the burgh, they had been previoufly exempted from all taxation, and to deprive them of this, a fpecial claufe in the act was neceflary. No attempt whatever was made to fubject them to the operation of the above ftatute; and by a fubfequent act in 1597, anent the taxation of boroughs, the en.ertainment of the poor, and watching and warding, it was fpecially declared, that that act fhould not prejudice the privileges and immunities of the Members of the College of Juftice.

With refpect to the effects of this privilege on the interefts of the poor, and -the citizens of Edinburgh, it could not enter into this queftion; their paying or not paying the affelment would neither increafe nor diminish the amount of what flows from them annually for the relief of diftrefs; and the intereft of the citizens could only fuffer on the fuppofition that what they give in confequence of a legal affeffinent is the utmost extent of their charity

On the part of the Magiftrates, it was, with much ability, argued, that in none of the ftatutes which form the poors laws of this country, was any thing to be found, which, by fair interpretation, created or fuppofed an exemption in favour of the College of Juftice. The act 1579, which was the bafis of thofe laws, undoubtedly comprehended the members of the College of Juftice, as well as the other inhabitants of Scotland. It is not difputed, that, under the authority of this ftatute, they are liable to be affeffed in every other part of Scotland, except Edinburgh; yet, in no part of this ftatute is any diftinction made betwixt Edinburgh and other burghs. It is a general enactment, which, if it could not reach them in Edinburgh, fhould as little affect them in any other part. That, as to their not being inhabitants, it was an argument very difficult to be treated with becoming ferioufnefs. Many of them had no other refidence, and, if they were not inhabitants of Edinburgh, they were inhabitants no where. The act 1597, which contains a claufe faving the privileges of the College of Juftice, appears to have been formed on fome emergency and though the poor are mentioned in the preamble, the falvo could only relate to the exemption from watching and warding, which was always admitted.

It had been afferted, on the other fide, that the plea maintained by the Magiftrates had been, that the Court ought to abolith as eftablished priviledge, mere

ject. They felt the delicacy of deciding a caufe in which they themselves were parties; but whatever might be the wifh of fome to wave a privilege apparently ungracious, the immunities of an ancient and moft refpectable corporation were not to be infringed. They fat as judges, not as legiflators; the interpreters, not the makers of the law. It was only for the High Court of Parliament to interfere in a matter of such magnitude and importance.

Feb. 2. Great praife is due to the Proprictors of the New Affembly Rooms, who, without other inducement than the fplendour of the metropolis, have reared fuch a fuite of apartments and we doubt not, in due time, to fee them finish ed and furnished with becoming elegance. That no city of equal magnitude in Europe better deferves them, the difplay of beauty and fashion, laft Thursday night, amply proved, and gave the moft pleafing teftimony of general approbation to the Mafter of Ceremonies, for whofe emolument the evening was allotted, The Ladies were, for the moft part, in elegant fancy dreffes, much in the tafte of thofe worn at St James's on the late birth-day.

Among many others of the first rank and fashion, the following Nobility and Gentry were prefent :

The Counteffes of Errol, Buchan, Selkirk, Aberdeen, Rothes; Lady Colvill; Lord and Lady Elphinfton; Lord and Lady Macleod; Earl of Glencairn, and Lady E. Cunningham; Ladies Charlotte, Ifabella, Augufta, Harriet, Margaret, and Maria Hay; two Lady Steuarts; Lady Labella Douglas; Lady Mary Hogg Lady Margaret Watfon; the Lady Charteris's; Lord and Lady Haddo; Earl of Eglinton; Lord Torphichen; Lord Doune; Lady Sufan and Mary Gordon; Hon. Gen. Leflie; Hon, Mrs Hay; Hon. Mifs Sempill; Sir William and Lady Forbes; Sir Archibald and Lady Hope; Sir Alexander and Lady Purves; Sir John Henderson: Sir James Hall; Lord Chief Baron and Mrs Montgomery; Hon. Mr Baron Norton; Lord Ankerville; Mrs Miller; Mrs Macrae; General Fletcher; Hon. Mr Gordon: Hon. Captain Maitland:-In fhort, fo fplenid a company has hardly been feen at once in the Rooms. It is fuppofed near a thousand perfons were prefent.

2. An extraordinary Council was held, when the Lord Provost, Magiftrates, and Council, figned a petition to the Hon.

Houfe of Commons, in name of the com munity, praying for leave to bring in a bill to i'arliament for deepening and widening the harbour of Leith, and for empowering the Magiftrates to purchase grounds, &c. in the vicinity of the har bour. The petition was this day transmitted to London.

4. Came on before the High Court of Jufticiary, the trial of Allan Macfarlane officer or expectant of Excife, lately in Greenock, now in Edinburgh, and Richard Firmin, foldier in the 39th regiment of foot, now quartered in the Caftle of Edinburgh, indicted at the inftance of his Majefty's Advocate for the crime of murder. The libel fets forth, That upon the 4th of July 1787, Allan Macfar lane and Richard Firmin having been employed, along with others, in ma king a feizure of a ftill-pot, or pots, or of fome of the apparatus belonging to a ftill, at the village of Denoon in the. fhire of Argyle; and a fcuffle having en fued at or near the fhore, in the neighbourhood of the faid village, at which time Dugald Ferguffon, ferryman at Denoon, now deceafed, had gone into a boat lying off the fhore, Allan Macfar lane gave orders to Richard Firmin, and others who were along with him, and who were armed with loaded mufquets, to fire; and immediately Firmin levelled and fired his piece at Ferguffon, where by he was mortally wounded, and died immediately, or soon after.

Mr Charles Hope, as counfel for the pannels, made a very able fpeech on the relevancy of the libel. He faid, that tho' he did not mean to make any objection to it, yet the circumftance recited in the indictment itself, of "a fcuffle having enfued," would have fufficiently juftified him in fo doing; because that of itself clearly fhewed, that the murder was not wickedly, felonioufly, and deliberately committed, as ftated in the indictment. Mr Hope faid, that, so far from this be ing the cafe, the pannels were employed in the lawful execution of their duty, when they were violently attacked by a great mob of diforderly people, and were put in imminent danger of their lives. Ferguffon, the 'unhappy fufferer,' being the ringleader, and who was employed, at the very inftant he was shot, in putting off their boat from fhore, after having knocked down the two boatmen who were taking care of it. This boat, Mr Hope obferved, was the only means left for the pannels and their party, to make their cfcape from the great mob in

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