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ACQUITTAL OF HASTINGS.

221

some were present; but changes of time and circumstance had had their effect on that august body. One manager, General Burgoyne, had died during the trial, two had succeeded to peerages, two were out of the kingdom on foreign service, and three were no longer members of parliament. Of these last, Burke was one. He came to hear the judgment- -“ sed quantum mutatus ab illo.!" -broken in spirit and corporeal energy, yet still with the same mind-the mind "that doth renew swifter than blood decays." The attendance of the public was immense. Proclamation having been made in the usual way, Warren Hastings, Esq., and his bail were called into court; and the defendant, having knelt and been directed to rise, was ordered to withdraw.

Then the Lord Chancellor, Lord Loughborough, stood up and said: "Your lordships having fully heard and considered of the evidence and arguments in this case, have agreed upon several questions, which are severally to be stated to your lordships in the usual manner."

The Lord Chancellor held in his hand a list of the titles of the peers present who had taken their seats in their robes, and proceeded to put the question of guilty or not guilty on each article to each individual peer, beginning with the junior baron.

It should, however, be observed, that many lords, either from having been created peers, or having succeeded to their titles since the commencement of the trial, or from other motives, not choosing to vote, stood unrobed about the throne, spectators of the solemnity. The first question on the first article was thus put and addressed by the Chancellor to Lord Douglas, the junior baron :

"Is Warren Hastings, Esq., guilty or not guilty of high crimes and misdemeanours, charged by the Commons in the first article of charge? George Lord Douglas (Earl of Morton in Scotland), how says your lordship, is Warren Hastings, Esq., guilty or not guilty of the said charge ?"

Whereupon Lord Douglas stood up, uncovered, and laying

his right hand upon his breast, pronounced "Not guilty, upon my honour;" and so the ceremony went on as to the rest. Having thus collected the judgment of their lordships on the sixteen charges, the Lord Chancellor declared that a large majority of the twenty-nine lords present had answered the said several questions in the negative, and then declared, "That Warren Hastings, Esq., was acquitted of the articles of impeachment exhibited against him for high crimes and misdemeanours, and all things contained therein."

Then the defendant was ordered to be called to the bar, and kneeling, was bid to rise.

The Lord Chancellor said: "Warren Hastings, Esq., I am to acquaint you that you are acquitted of the articles of impeachment, &c. exhibited against you by the House of Commons for high crimes and misdemeanours, and all things contained therein; and you are discharged, paying your fees."

Mr. Hastings bowed respectfully and retired.

The Lord Chancellor then put the question, "Is it your lordships' pleasure to adjourn to your chamber of parliament ?” Ordered and their lordships adjourned accordingly to their chamber of parliament. Thus was Hastings legally, though not unanimously, absolved. It should moreover be particularly remembered, that whatever share Hastings had in the oppression of the Rohillas, or in the death of Nuncomar, those matters were not included in his impeachment. The real judgment to be passed on the existence and extent of Hastings' offences rests with posterity. One result of the impeachment was undoubtedly better government in India, and complete security of life and property to all the varied races subject to the sway of England there. The acquittal did not change the opinion of Edmund Burke; to the end of his life he retained the firmest conviction of Hastings' guilt. On the other hand, Hastings' innocence was maintained with a party spirit.

The general Court of Directors of the East India Company, on

DEATH OF HASTINGS-DEATH OF FRANCIS.

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the 2d March, 1796, announced that they had come to the resolution of granting an annuity of 40007., from the 24th June, 1785, for twenty-eight years and a half, payable during that period to Mr. Hastings, his heirs and executors. This resolution was confirmed by the Board of Control. The law-costs of Mr. Hastings had reached the sum of 71,0801., and much of this was still owing. The Court of Directors advanced funds to aid in the liquidation. Hastings in 1789 had carried into effect an object of his aspirations, said to be an early and a fond one,-viz. the repurchase of the estate of Daylesford, the seat of his ancestors, which had not been more than seventy-five years out of the possession of the family, and near which he had passed his childhood. At Daylesford, Hastings spent the remainder of his life in absolute privacy. He was twice only, and that momentarily, before the public again. In 1804 he took an active part in endeavouring to prevent Mr. Addington, created Viscount Sidmouth in 1805, from resigning the premiership. In 1813, when parliament was deliberating on the renewal of the East India Company's charter, Hastings, then past eighty, was examined by the House of Commons; and as he retired, the members present spontaneously rose and uncovered, an act of honour or sympathy, or of both, to the venerable octogenarian, who in hist time had done great deeds, whether good or evil-once the ruler and augmentor of a mighty empire, and then the object of the most illustrious impeachment known to his country's annals. Warren Hastings died at his seat at Daylesford, on the 22d August, 1818, in the eighty-sixth year of his age. Alas for the vanity of worldly wishes!-a recent advertisement in the Times announced Daylesford for sale again, and sold it has consequently been. The close of the year 1818 brought two other deaths worthy of note in Hastings' history. His leading counsel, Edward Law, Lord Ellenborough, expired the 13th December of that year. And on the very last day of the same month the vaults of Mortlake Church, Surrey, received the remains of Hast

V

ings' inveterate enemy Sir Philip Francis, who had been created a Knight of the Bath in 1806, and who survived just four months the man whose elevation and prosperity he had utterly undone. The mystery of Junius, linked with Burke and Sir Philip, seems somehow or other to sleep in Francis' grave. The motive of Sir Philip's conduct towards Hastings is also a problem; and it rests for the awful Tribunal, that can search into all human thoughts, to solve the solemn question, whether Sir Philip Francis did what he did in envy, or whether, like Edmund Burke, he was an accuser

"in a general honest thought,

And common good to all."

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Unshaken, unseduced, unterrified,

His loyalty he kept, his love, his zeal;

Nor number nor example with him wrought

To swerve from truth, or change his constant mind,

Though single.

Verses from Milton's Paradise Lost, b. v., placed by Sir Joshua Reynolds under a print of Burke's portrait published in 1791.

THE REGENCY QUESTION-THE FRENCH REVOLUTION-BURKE'S OPPOSITION TO IT: HIS CONDUCT RELATIVE TO FRANCE IN AND OUT OF PARLIAMENT PUBLICATION OF HIS REFLECTIONS ON THE FRENCH REVOLUTION, AND OF HIS OTHER WORKS ON THE SAME SUBJECT-BURKE'S RETIREMENT FROM THE HOUSE OF COMMONS.

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