UNIVERSITY OF CALIFORNIA
AT LOS ANGELES
A N S -W E Jl
PHILIP FRANCIS, E iQi
ANSWER
O F
PHILIP FRANCIS, ESQ.
T O T H E
CHARGE
BROUGHT AGAINST
SIR JOHN CLAVERING,
COLONEL GEORGE MONSON,
AND MR. FRANCIS,
AT THE
BAR OF THE HOUSE OF COMMONS,
OH THE
FOURTH OF FEBRUARY, 1788;
B Y
SIR ELIJAH IMPEY, KNIGHT.
LONDON:
?MKTE BY J, TARV15, WILD-COUKT, LIKCOLR's-IKK-
FIELDS.
VBCCLXUTHX.
-TU3
HOUSE OF COMMONS,
Wcdnefday, February 27, 1788.
** The Houfe (according to Order) re-
" folved itfelf into a Committee of the
" whole Houfe, to confider further of
" the feveral Articles of Charge of
" High Crimes and Mifdemeanors
'* againft Sir Elijah Impey, Knight, late
*' Chief Jaftice of the Supreme Court
" of Judicature at Fort William, in
" Bengal. Right Honoura&k William
" Wmdbam> Efq. in the Chair.
* FRANCIS. I flattered myfelf, Sir,
that when the Houfe thought proper to ex-
clude me from the Committee of Managers
appointed to conduct the impeachment of Mr.
Haftings, whether that refolurion was meant
to be a difcharge from a fervice, or a relief
B from
354578
C 2 }
from a duty, it would have this effect at all
events that, from thenceforward, I fliould be
fuffered to remain in a ftate of neutrality ; and
that, as I was deprived of the honour, I Ihould
be exempted from the cares and cenfures, to
which the Managers of an Impeachment muft
unavoidably fubtnit. But much more had I
reafon to expect that, after the public declara-
tion which I made in Parliament two years
ago*, that I would never fit in judgement on Sir
Elijah Impey ; and that I would never give a ju-
dicial vote in any caufe, in which he might bt a
-party, unlefs I could fafely give it for him ; hav-
ing publicly avowed that declaration in print,
having fmce repeatedly declared to my friends,
particularly to the honourable Baronet -f- near
me, that I would take no part in the profecu-
tion of Sir Elijah Impey, and having flrictly
adhered to the fpirit of thefe declarations, I
ihould not be implicated, in any lhape, in the
impeachment of that gentleman. _Leaft of all
did I expect, that I fhould be accufed by him
of having borne teftimony to his good conduct,
and compelled by him to anfwer, as a criminal,.
* On the feventh of March, 1786.
f Sir Gilbert Elliot.
for
( 3 )
for declarations, which he tells you I have here-
tofore made in his favour. I do not mean to
deny his right of mixing accufation with de-
fence, if to criminate others be in any degree
material, or even ufeful to his own exculpation.
In fome cafes undoubtedly, the weapons of at-
tack are the beft, perhaps the only inftruments
of defence. Whether the ufe he has made of
thefe weapons, and the manner, in which he
has availed himfelf of his undifputed right on
this occafion, be perfectly prudent or not, can
only be determined by the event. All I con-
tend for is, that /, in my turn, may be allowed
the fame latitude which ke has taken, and
which / allow him. It is not. my dired: object
this day to criminate him, or any man ; but it
may be neceflary to my defence. It may be
unavoidable. Defence and accufation, in this
particular cafe, may be infeparable. If that
ihould happen, I defire it may be remembered,
that, befides the general right of attack which,
for myfelf, I admit to belong to him and to
every defendant, I appeal to the fpecific ufe,
which he has made of it, and follow the pre-
cedent, which he has himfelf fpecificaily fet me.
On fome late occafions, my fhuation, in this
Houfe, has been equally painful and invidious.
B 2 I have
( 4 )
I have been repeatedly marked as the perfonal
object of debate, the middle pafsive fubject
between the action and reaction of the powers
of the Houfe, between the hammer and the
anvil. If any man thinks there is any thing
delightful or agreeable in fuch a diftinction, I
am fure his opinion is not founded on experi-
ence. I fland here, now, defendant again ft
Sir Elijah Impey. In that character at lead, I
hope to be heard with patience and a liberal
conftrudtion. I defire no more.
The charge produced by this gentleman
againft Sir John Clavering, Colonel Monfon,
and myfelf, as I underflood it, and as precifely
as I have been able to collect it from my notes
and memory, was, in real amount and fub-
flance, to this effect. It is his own fault if I
do not flate it correctly.
" That whereas we had, by fundry decla-
" rations and minutes, both before and after
" the event, exprefled, or flrongly intimated
(( our opinion, that the profecution, trial, and
* e execution of Nundcpmar, were founded on
" political motives, and purfued for the fole
<c purpofe of faving Mr. Haflings from the
" effect of that man's evidence ; no credit
3 " ought
( 5 )
" ought to be given to the fame, becaufe we
" had, in a few days after the execution, or-
" dered a paper, purporting to be a petition
" from Nundcomar againft the Judges, to
" be burnt, the entries of it to be expun-
" ged, and the tranflations to be deftroyed ;
" and, becaufe I had, on that occafion, decla-
" red, that I confidered the infinuations con-
" tained in it as wholly unfupported, and of a
" libellous nature, and that to fend a copy of
" it to the Judges, would be giving it much
" more weight than it deferred/'
If this be the charge, I admit the premifes,
and I deny the conclufion. If it be not the
charge, I lhall paufe for a moment, and wait
to be informed, What is it ? No man, I think,
will fay, that I have weakened or underftated
it. For myfelf, I declare that I am not able
to conceive, how it can be exprefled in ftrong-
er terms againft the parties accufed. If ne-
verthelefs it fhould be contended, that the
terms I have made ufe of are loofe or defec-
tive, or that I have not done perfect juftice to
Sir Elijah Impey's meaning and intention, let
jt be remembered, Sir, that he has not deli-
vered his accufadon in writing, as I had a
fhrift unquestionable right to exped. No-
thing
( 6 )
thing that may be urged to juftify his with-
holding the remainder of his defence, can be
applied to that part of it, in which others are
accufed. It might be very prudent in him ; it
might be eflential to his fafety, not to put his
accufers in pofleffion of his defence. Be it fo.
In that refped:, he is at liberty to act as he
thinks proper ; though I believe his refnfal to
produce his defence, in the only form in which
it could be fairly canvafled, or even compared
with the written accufation, will not be re-
ceived as a ftrong prefumptive proof even of
his own confidence in the merits of his caufe.
My demand is a demand of right. It is not
to oblige him to produce his defence, but to
produce his accufation. Before I proceed,
Sir, to the refutation of the charge, as I have
flated it, the exactnefs of which, I perceive,
is not difputed, I muft call the attention of
the Committee to two preliminary confiderati-
ons, and requell that gentlemen will carry
them in their minds during the fubfequent dif-
cuffion. They will throw a light on the gene-
ral queflion, and, I believe, be found very
material to a thorough underftanding of the
whole tranfadlion. I mean (imply to flate them
now, and to referve the application of them for
another
another part of my defence. The firft relates
to the manner, in which the paper in question,
came into Sir Elijah Impels hands ; the dif-
ficulties, which were to be furmounted be-
fore he could be in poffeffion of it ; and the
probable truth or faHehood of his aflertion,
that he never knew what the charges were,
which Nundcomar had produced againft Mr.
Haftings. I ihall recapitulate the tads to you
briefly as they appear on the records, or as
they hare been ftated by Sir Elijah Impey.
The Rajah Nundcomar was executed on the
5th of Auguft, 1^75. On the i4ih, General
Qavering brought the petition, which was af-
terwards burnt, before the Governor General
and Council, in their fecret department. It
was produced and read; but I conclude, that
the tranflation, which the General brought
with him, wasrot relied on, becauie I find the
next fecret confultation, of the i6th, begins
with the following words* : " The Perfian
* tramlatorfendsinaaxrrrSki/tTanilarionof the
" petition of the late Haha. Raja Nundcomar,
delivered in by General Clavering." Mr.
Hafiings immediately moved that, " as this
Vide Besgai Appendix fagc, 585.
'* petition
( 8 )
" petition contained r exprefsions reflecting
" upon the characters of the chief Juftice and
tf Judges of the Supreme Court, a copy of it
" might be fent them." I objected to that
propofal, and moved, that orders fhould be
given to the Sheriff, to caufe the original to be
burned publicly by the hands of the common
hangman; a Singular ftep, Sir, and on the
face of our proceedings utterly unaccountable.
Mr. Haftings repeatedly faid, that he did not
object to that motion ; but he obferved that it
would not be effectual, " as the petition flood
" on our own records, through which it
" would find its way to the Court of Dircc-
" tors, to his Majefty's Minifters, and in all
" probability become public to the whole peo-
" pie of Britain." Admitting the force of the
obfervation, I propofed that the entry of the
addrefs from Rajah Nundcomar Jhould be expunged*
On this motion, the unanimous refolution of the
board ftands in the following words AGREED^
that it be expunged accordingly ; and that the. tranf-
lations be defrayed. To this refolution Mr.
Haftings was a party, not only as a Member of
the Council, legally bound and concluded by
the fenfe of the majority, but by his own ex-
prefs confent and agreement.
On
( 9 )
On the aSth of Auguft the Judges wrote to
its in the following words * :
" A paper, containing a falfe, fcandalous,
" and malicious charge againil the Judges of
" the Supreme Court, produced at your
" Board, having been by you declared a libel,
" and ordered to be burnt by the hands of the
*' common hangman, we return you our
" thanks for having (hewn fo due a ienfe of
" this outrage to public juftice ; but, as we
" muft be interefted as well in the Minutes
" introducing and condemning the paper,' as
" in the paper itfelf, we find ourl elves obliged
" to defire that you will furnifh us wkh a co-
" pyof the libel, and of fuch Minutes, which
" relate to it, as (land on your confutations,
" and mud therefore be conveyed to England,
" that we may judge whether they contain any
" matters NECESSARY FOR us TO TAKE so-
"
In our reply, dated 1 1 th September, we faid-f-,
" We ihall be much obliged to vou, if you
" will be pleafed to acquaint us, from whom
** yqu received the imperted: informatiofi
Page 586. f Page 589.
" which appears to have been conveyed to
" you, on this and other occafions, of the
" proceedings of this Board in our fecret de-
" partment; fuch communications cannot re-
" gularly be made to you but by the authority
" of the Board ; nor can they be obtained
" without a breach of truft in fome of our
" officers, which we are perfuaded you would
" not encourage.
ff We do not think ourfelves at liberty to
" communicate to you the Minutes, Which
te may have paffed on the prefent fubjedt, as
" fuch Minutes are drawn up folely for the
ee information of our fuperiors. With refpedt
6< to the libel, it is not pofsible for us to fur-
" nifli you with a copy of that paper, having
<s ordered the original and tranflations to be
" deftroyed, and no copy to be kept of either"
This letter, you will obferve, was figned by
Mr. Haftings, who knew that he, alone, had
given the information, who had agreed to
the refolution of the Board, that the original
paper and tranflations fliould be deilroycd, and
that no copy fhould be kept of either ; who
neverthelefs kept a copy of the tranflation,
(which he rnuft have obtained from the Perfian
tranflator, by a breach of duty in that officer) who
knew
knew that be had given, or intended to give a
copy of that tranflation to Sir Elijah Impey ;
and who not only did fo, but, as it now ap-
pears, altered the tranflaiioD, made by the
proper officer of government, in many places,
with his own hand; and it is by this laft ex-
traordinary circumftance that Sir Elijah Impey
proves the authenticity of the paper, which he
produces in his defence, namely, that it is al-
tered, corrected, and interlined in Mr. Haf-
tings's hand-writing. Mr. HafKngs, I know,
did no: agree to the letter, though he figned
it; his diflent is recorded in the following
words;
" I difapprove of the draught, becaufe I
" do not think the information imperfect,
" which was received by the Judges ; becaufe
" k appears to me an inconfiftency to ipeak of
" a paper, which was expunged from the re-
" cords, and ordered to be publicly burnt by
fe the common hangman, as a fecret of flate,
ff which it was a breach of truft to divulge ;
" and becaufe the letter is written im afira'm of
" ix/unutiom, equally unbecoming the dignity
" of the Board, and deficient in the retpecr,
'* which is due to the Judges of the Court, to
f: whom it is addrefled."
Cz
This difient, you fee, is fup,ported by ever^
argument he could think of, except the true
one. He does not tell us, that he himfelf had
given the information ; that he himfelf had
kept a copy of the tranilation ; that he himfelf
had corrected, and given it to Sir Elijah Impey.
Had he afligned the true reafon for his diflent,
we muft have given a very different anfwer to
the Judges. It would have been impoffible
even for us to fign fuch a letter as that, which
we ail figned ; much lefs could we have defired,
or expected Mr. Haftings to put his name tq
it. It may be faid perhaps, that he was bound
by a prpvifion in the Act of Parliament, and
by the forms of the Council, to fign a letter re-
folved on by the majority, even againft his opi-
pion. That he was legally fo bound and con-
cluded, I admit ; but that in fact he fubmiN
ted to the law, J deny. On other occafions it
appears that he did not hold himfelf bound, by
any obligation whatever, legal or formal, tQ
fign a letter, pf which he difapproved *.
The .
* On the i6th of the preceding June, $775, the
majority refolved on a letter to the Judges, to which Mr.
Jiaftings did not agree. Pi4 he fign it with a diflent I
No
( '3 )
The fnxlied terms of evafion, in which Sir
Elijah Impey declined anfwering our requifi-
lion, deferve your attention, bat they require
no comment. He fays*, " Our letter men*
" tions no information we had received from
*' your Board ; we cannot fee what reafon you
<c have tofuppoie we have received any. We
ff ihall, at all times, be ready to give you
cc any information and affiftance in our power,
" in forwarding the public bufinefs, but muft
gf decline making a precedent ef fubmitting to
tc anfwer qucftions, which we think not intend-
<( ed for the benefit of the fervice, and which
" you have neither grounds nor right to put
" to us."
(Signed) E. IMPEY,
- JOHN HYDE."
NoAc records 675, [page 575] The Governor Gene.
raJ, and Mr. BaiweH, dUappnmng of this reply, decline
fafixifig Aar aaves it, for wkich they will afig their
" rtafons in a Minute." On die xotk of Jane they refute!
to fign another letter to the Judges, which was accord'
ing)? lent without their Cgnamre ; and Mr. Haftings laid
tethonglithbnielfjotined in that refnial, b* ty tl*
iff ur rftkt I**, mmd tke J&ril rf tic Ctmfmmfi
Sir
( H )
Sir Elijah Impey tells you, on another occa-
fion, and to ferve another material purpofe,
that he knew nothing of the contents of the
charges of Nundcomar againft Mr. Haftings.
His words, as I wrote them down upon the
Snftant, were ; '* I aver, that I did not know
" what they were. How fhould I ? They
" were produced before a fecret Council, and
" examined by a fecret Committee, of which
" all the members, their clerks and fecreta-
" ries, were fworn to fecrecy" Now, Sir, ad-
mitting it to be poffible, that Sir Elijah Impey
might not know, from public report, the fpe-
ciftc fums ftated, or the particular fac^s and
circumftances charged by Nundcomar againft
Mr. Haflings, that admiffion will not avail
him. You are called upon to believe, that Sir
Elijah Impey, living in the clofeft connection
and intimacy with Mr. Bailings, did not know
what was known to ever}' man in Calcutta ;
what was the univcrfal fubject of converfa-
tion there for many months together, namely,
that Nundcomar had accufed Mr. Haftings of
venality and corruption in his office. He di4
not know that this charge was laid before the
Council on the nth of March ; that Nundco-
mar had been examined before the Council ;
that
that, on the xoth of April, Nundcomar was
fummoaed to appear before all the Judges, to
anfwer to a charge of a confpiiacy againft Mr.
Mailings ; and that, haTing been acquitted aod
dHmified on that e lamination, he was, on the
6th of Mav, aircftgdj and committed to t)y
common jail, by a warrant figned bj two of
the Judges, fcjxra a charge of forgery. The
fads at leaft were too public and too noto-
rious not to be known to him. But we are to
believe that, knowing fuch fads, k neirer
once occurred to him, that there could be any
relation between the firft and all that followed
it. Being ignorant, as he allures you, of the
particulars of the charge againft Mr. Raftings,
he never once fufpeded that that act of Nund-
comar could have been the motive of thoie
(ubfequent "* J fai*^ ^ which were taken to de~
firoy him. Any other man, I think, would
have combined the circumftances. . - In any
other human mind, they muft have excited
fome degree of fufpicion. My Hoaourable
Friend, I doubt not, will be able to iatisfy
this Houfe, in proper time, that the general
fad, namely, that Nundcomar had brought a
criminal charge agaiaft Mr. Halting., and
cren the fpecial nature of that charge, were
( 16 )
judicially known to Sir Elijah Impey long be-
fore the execution. What I contend for, and
infift upon now, is, that it is a thing utterly
incredible ; that it is a belief, to which no hu-
man credulity can extend, that Mr. HaftingS)
who, in the face of the moft facred obliga-
tion and engagement, thought himfclf at li-
berty to communicate to Sir Elijah Impey the
petition of Nundcomar, to give him a corrected
tranflation of it, and to furmlh him, as I fliall
prove he did, with copies of -our Minutes,
diredtly arraigning the conduct of Sir Elijah
Impey in the trial and execution of Nund-
comar, fhould not have imparted to him the
charges preferred againft himfelf by Nundco-
mar, which, though entered in the fecret de-
partment, were neither of a fecret nature in
themfelves, nor in fad: a fecret to any man in
Calcutta.
The fecond preliminary obfervation, which I
wifh to imprefs on the minds of the Commit-
tee, regards the diftindtion, which Sir Elijah
Impey carefully makes, and ftrenuoufly infifts
on, between the paper itfelf, and our Minutes,
upon the fubjeft ; the firft he faw ; the fecond
he never faw, till very lately, when he ob-
tained a copy of them from the India Houfe.
It
It is indeed not only material, but eflential to
his defence, that he fhould perfuade you of
the truth of this laft affertion. He well knew,
though you are not aware of it, that, if he
admitted that he had feen our Minutes of the
1 6th of Auguft 1775, at any time before Ja T
nuary 1776, he muft have convicted himfelf
of the grofleft falfehood and contradiction. I
ihall fpeak to that point prefently. But it
feems that he not only did not fee them in
the year 1775, but that he never faw them
axall, till very lately. Now, Sir, I beg leave in
the firft place toobferve, that the Minutes in
queftion, on the prefent production of which
he profefies to place fo much reliance, have
not been concealed from the world ; have
not been buried in obfcurity. The books,
now before me, (called the Bengal Nar-
rative and Appendix) muft have been print-
ed by the Court of Directors in the year
1776, or 1777 ; I prefume fo, becaufe I had a
copy of them, long before I left Bengal, in
the courfe of the year 1778, if not iboner.
There were other copies in Calcutta. They
were read with avidity by every man in the
fettlemenr, who could procure a fight of them.
They contain not only our Minutes, but great
D part
C 18 )
part of our proceedings, and all our corref-
pondence with Sir Elijah Impey, on the fub-
ject of Nundcomar. To all other men, the
contents muft have been an object of curiofity
at leaft. I know they were fo. To him, in par-
ticular, they were in the higheft degree in-
terefling and important. Yet the learned gen-
tleman never faw them in Bengal ; thefe books
it feems, never fell into his hands ! nay, you
are to be believe that, among the number of
perfons, by whom they were unqueftionably
perufed, he had .no acquaintance, who might
have told him that fuch a compilation, pub-
lifhed by authority, and in which his name
and conduct were fo often mentioned, exifted
in Calcutta. He had no friend or well-wifhcr,
among that number, who might have waited
on him, as foon as he had read our Minutes,
to congratulate him on the teftimony given,
as you are told, by his enemies or opponents,
in favour of his integrity, and to recommend
thofe paflages at leaft to his immediate pe-
rufal. Believe it if you will ; believe it if you
can. Perhaps you may think that, having
gone fo far, you have done enough, and that
Sir Elijah Impey has no farther demand
on your credulity. That learned gentle-
man
( '9 )
man is not fo eafily fatisfied. It feems, Sir,
he knew the facts ; he knew that we had or-
dered a libel on the Supreme Court of Judica-
ture to be burned, and that it was burned ;
he had feen the paper itfelf, and was in pofTef-
fion of a copy of it, given him by Mr. Haft-
ings ; but he had never, never feea the Mi-
nutes that related to k ! Now, Sir, it is of
itfelf an extraordinary circumftance, that Mr.
Haftings, who thought himfelf at liberty to
give him the paper, in violation, as I think, of
the laws of the Council, and of his own per-
fonal agreement, fhould not have communi-
cated to him thofe Minutes, which make an
eflential part of the tranfaction, and which, if
they were then fuppofed to mean what he tells
you they fo clearly exprefs, were not only in-
nocent of all offence to the Judges, but con-
veyed a pofitive approbation of their conduct.
Why fhould Mr. Haftings make fo partial a
communication of our proceedings to Sir Eli-
jah Impey ? Why fhould the Governor Gene-
ral with-hold from the Chief Juftice the fair
and reafonable fatisfacYion of knowing that we,
his enemies, had borne teftimony to the recti-
tude of his conduct, and vindicated his cha-
racter from every afperfion, which might have
D 2 been
( 20 )
been, or could be thrown upon it. I defy
any man to ftate a principle of action that
will juflify Mr. Haftings in doing the fir ft,
and not doing the fecond ; or a rational motive
of any kind, to make it probable in fact, that
he did the one and not the other. The affer-
tion is, that Mr. Haftings did not communi-
cate our Minutes on this occafion to Sir Elijah
Impey. Why not ? perhaps he thought it
unfair; perhaps he thought it would have
been a breach of truft and honour to his col-
leagues. Perhaps he made a diftinction
between the paper itfelf, which, as he fays,
having been ordered to be publickly burnt,
could be no fecret of ftate* y and the Minutes of the
Council, given in fecret debate and recorded for
the fole information of the Court of Directors.
In general, there might have been fomething,
though in this cafe there would have been no-
thing in the diftinction; but in fact, did he
make the diftinction ? I appeal to SirElijah Im-
pey, andfhall leave it to him to anfwer the quef-
tion. In his letter of the 2oth of January 1776,
in four or five months after the tranfaction of
which we are fpeaking, he tells the Secretary of
State, " The Governor General has, within
* Page 589.
" thefe
** thcfe few days, communicated to me feveral
f( Minutes, figncd by General Clarering, Colo-
" nel Monfon, and Mr. Francis ; they are fcte-
" rally fraught with direct charges, or plain
" mfinuations againft the characters of the
" Judges, and the conduit of the Court of
" Judicature. Some feem more particularly
" levelled at me." You have it then from un-
queftionable authority, that Mr. Haftings did
communicate our Minutes to Sir Elijah Impey :
Minutes fraught with direct charges againft
him: Minutes, which, as he, Intprj, &ys s
were intended to be kept fecret ; bnt tbe Governor
General badatlaf ttongtt, flat tbey omgbt injtf-
tict to be commmmcated to him. Did he fo ? Thee
where was the juftice of Mr. Haftings, when
he communicated to his learned friend thole
fecret Minutes of ours, which were fraught
with charges againft him, and did not commu-
nicate to him thole other Minutes, in which,
as this learned gentleman tells you, we had ex-
prefled a direct, unequivocal approbation of
his conduct ? was it a fair and honourable pro-
ceeding to his colleagues ? would it have been
common juftice even to his enemies, to impart
the one, and not the other, to the perfon, who
was the fubject of both ; to impart to Sir Elijah
Impej
Impey every thing that was likely to inflame
him againft us, and to withhold from his know-
ledge what might have operated in his mind,
as an antidote againft that poifon ; namely,
the ftrong declarations which we are ftated to
have made in his favour ? was it juft to Sir E.
I. to difcover to him the charges, which we
hacJ written home againft him, and not to fur-
nilh him with that clear, complete, and irre-
fiftible anfwer, which had efcaped or been ex-
torted from us, by which the charges might
not only have been refuted, but muft have
been annihilated ; I mean the direct teftimony
and confeffion of his accufers ? For my part,
Sir, I acquit Mr. Haftings of acting fo un-
juftly to all parties ; to his friend, as well as
to his foes. L acquit him of it, becaufe I am
not able to conceive a reafon, good or bad,
why he Ihould act in a manner at once fo
unfair to his colleagues, and fo injurious to his
friend. I have no doubt that he communica-
^tcd#//our Minutes to Sir Elijah Impey. In
proper time, I fhall fhew you, for what reafon
the contrary is maintained by this learned gen-
tleman. On this part of the fubjecl:, I mall
trouble you with only one obfervation more.
The Judges, in their letter of the 2 8th of Au-
guft
guft 17/5, tranfinitted to us certain petitions*,
which had been addrefTed^to them, in order that
they might ftand recorded -f- on our confidta-
tions ; " which," they fay, " we think pecu-
t ( liariy proper at thk time; as, by promul-
" gating the univerfal fenfe of this fettlement,
f< in relation to our conduct, they are a di
" reel: and public refutation of the libel, and
" corroborate fmcb of your Minutes, as tend
f< to vindicate our reputations," Now, Sir,
if he had not feen our fecret confiscations of
the 1 6th of Auguft, how came he to know,
that thofe or any other Minutes exifted ? How
could he make the diftinction between fuch as
did and fuch as did not tend to vindicate his
reputation ? Mine was the only Minute of the
three, to which, by any poffiblc conftruction,
that tendency could be imputed. Is it not
evident from this paffage alone, that he had a
copy of the confukation before him ; or, what
* Sir Elijah Impey has lived to alter his c pinion of
Pentioes. In his letter to Lord Weymooth, of the 2nd .
of March, 1780, he fays. " the only manner, in urHch
" the obtaining Petitions here differs from the mode*
" pradifed by fadkns in Engl.nd, is there they are
" foliated, and got by influence here they are ccai-
manded."
* Page 586.
is
is in effect the fame, that the fubftance of our
different Minutes had been diftinftly ftated
to him. From all the premifes, taken toge-
ther, I draw this immediate inference of fad:
which, as I conceive, it is impoflible for the
human mind to refifl, and which, for other
reafons, I know to be true, namely that, while
he pretended to be fcrupuloujly neuter in the d'tf-
putes, which agitated the Council, he was fecretly
leagued in early connexion, in clofe commu-
nication, in deep alliance and confederacy
\vith Mr. Haflings. In what fenfe that fact is
material to my defence, and in what manner I
mean to apply it, will foon appear.
I muft now requeft the Committee to ob-
ferve, that there are two parties concerned in
the accufation brought againft us by Sir Elijah
Impey ; one, the then majority of the Coun-
cil collectively, viz. General Clavering, Colo-
nel Monfon, and myfelf ; the other, Sir John
Clavering alone. Our caufes are diftinct, and
muft be feparately confidered and defended.
With refpect to the former of thefe parties, 1
have already ftated to you the recorded facts
of the tranfaction, in the order in which they
happened. I am now to ftate the reafons of
but
our conduct; I mean, not only our avowed,
but our referred reafons for acting as we did.
In reply to the Governor's motion, I faid*
that " I thought our fending a copy of the
" Raja Nundcomar's addrefs to our Board, to
" the Chief Juftice and the Judges, would be
** giving it much more weight than it defenr-
" ed ; and that I confidered the infinuarions,
" contained in it, againft them, as wholly un-
** fupported, and of a libellous nature." In die
whole of that opinion Colonel Monfon agreed ;
but he added, " that if the Board mould com-
" municate the paper to the Judges, he thought
** they (the Members of the Board) might be
" liable to a profecurion for a libel." General
Clavering difapproved of the propofirion, " be-
" caufe he thought it might make the Mem-
" bers of the Board, who fent it, liable to a
ft profecurion." The Governor General and
Council having unanimoufl y agreed that the
Perfian paper flbouid be publicly deftroyed, I
concluded the debate with another motion, in
the following words* : " By the Cirne channel
" through which the Court of Directors, and
" his Majefty's Minifters, and the nauon,
** might be informed of the contents of the pa-
per
( 26 )
" per in queftion, they muft alfo be informed
ff of the reception it had met with, and the
" fentence pafled upon it at this Board. I
" therefore hope that its being deftroyed in the
" manner propofed, will be fufficient to clear
(t the character of the Judges, fo far as tbey ap-
tf pear to be attacked in that papery and to pre-
f( vent any poflibility of the imputations, indi-
" rectly thrown on the Judges, from extend-
" ing beyond this Board, I move that the en-
" try of the addrefs from Rajah Nundcomar,
" entered on our proceedings of Monday laft,
" be expunged."
Before I offer any obfervation on the true
intent and meaning of thefe Minutes, allow me
to read to you a few fhort paflages out of
other Minutes of ours, written both before and
after the execution of Nundcomar, in which
our opinion of the real principle and purpofe
of that proceeding is very ftrongly and very
explicitly declared.
" Minute of Mr. FRANCIS.
, 1775*.
"
"
I beg leave to obferve, that a profecution
for a confpiracy is now inflituted, or is iu-
55
" tended
" tended to be inftkuted, againft Maha Rajah
' Nundcomar and others, die tendency of
** which (eons to me to be to prevent or deter
" him from proceeding in making good thole
" diicoveries, which he has laid before the
" Board. I cannot but think that the Eaft
" India Company, and cociequectly this
" Board, have a very great concern in every
" ftep taken in that profecution, whether it
" be actually begun, or intended."
Matte of GENERAL CLAVERIXG.
8/Mrr, 1775*.
" la reply to what the Governor General
" has juft laid, I conceive that the protection
" of the inhabitants of Bengal is immediately
" crafted to our care, and that k properly be-
" longs to us to reprefent to the Judges fuch
** matters as may appear to us, wherein they
" have acted improperly, either wilfully or
" ignorantly. In the prefect inflance, th"y
" probably are ignorant, how much a dole
(f confinement may endanger die Kfe of this
" man, which is of fo much importance to
" the public, for proving an accusation, which
" he has made of cru/y in the Governor Ge-
" neraL"
* **& 55-
z Extract
t 28 )
Extraft of a Minute O/CLAVERING, MONSON,
and FRANCIS.
Sty. 15, 1775.
<c After the death of Nundcomar, the Go-
<c vernor, we believe, is well affured that no
" man, who regards his fafety, will venture to
cc ftand forth as his accufer.
" On a fubject of this delicate nature, it be-
'" comes us to leave every honeft man to his
<f own reflexions. It ought to be made known
" however to the Englifh nation, that the for-
<e gery, of which the Raja was accufed, mud
<e have been committed feveral years ago; that
<f in the interim he had been protected and
" employed by Mr. Haftings ; that his fon was
* e appointed to one of the firft offices in the
" Nabob's houfehold, with a falary of one lack
<e of rupees; that the accufation, which ended
(f in his deftruction, was not produced till he
" came forward, and brought a fpecific charge
*' againli the Governor General of corruption
" in his office."
Ditto of ditto.
'* We agree with Mr. Haftings, that not
" only he himfelf^ but many other perfons in
" this
( 9
" this fettlement, have reafon to thank God,
" as he exprefles it, for the inflinition of this
Court."
Ditto, dated Nov. 2.1, 1775.
" It feems probable, fuch embezzlements
" may have been univerfaUy praftifed. In the
" prefent circumftances, it will be difficuk, if
" not impracticable, to obtain direct proof of
" the facts. The terror, imprefled on the minds
" of the natives by the execution of Maha
" Rajah Nundcomar, is not to be effaced;
" for, though he fuffered for the crime of
" forgery, yet the natives conceive he was ex-
" ecuted for having dared to prefer complaints
f * againft the Grovemor GeneraL
" This idea, however deftitute of founda-
" tion, is prevalent among the] natives, and
*' will naturally deter them from making dif-
'' coveries, which may be attended with the
?' fame fatal confequences to themfelves.
" Punifliment is ufually intended as an ex-
" ample, to prevent the commiiHonof crimes;
*' in this inflance, we fear, it has ferved to
* 4 prevent the difcovery of them,"
Ditto
( 3 )
Ditto, March 21, 1776,
" Some of the facts, with which he (Mr.
" Haftings) has been perfonaliy charged, have .,
" been proved. The presumptive evidence,
" in fupport of the reft, will, we apprehend,
< lofe none of its force, by the precipitate re-
" moval of Maha Rajah Nundcomar."
Now, Sir, if it be true that there is a mani-
feft inconfiflency, a palpable contradiction be-
tween thefe declarations, and our intermediate
proceedings on the i6th Auguft, 1775, I have
brought that inconfiftency and contradiction
plainly and diftindly into your view. I am
fure I can fatisfy the Committee that it does not
exift. In the firft place, you will allow me to
fay that, fetting afide all confideration of mo-
ral character, and claiming nothing in favour
of General Clavering, Colonel Monfon, and
myfelf, but that we mall not be taken for
idiots, it is not very likely that, having re-
peatedly charged the profecution and execu-
tion of" Nundcomar againft Sir Elijah Impey,
as a political meafure of tl?e mofl atrocious
kind ; having fo often recorded that opinion
on the proceedings of the Council, we fliould
almoft at the fame moment, voluntarily, and
without
without arty apparent reafon, deliberately con-
tradid: ourferves, and record cur own condqpe
nation on die face of our proceedings. Iska
thing to be believed, that having advanced
judt a charge, we fhould fo lightly abandon k,
and that, having abandoned, we mould re-
fume and re-afiert k, without once attempting
to reconcile or explain the inconfifiency of our
conduct, if die idea of that contradiction, which
is now urged and infilled on, had ever occurred
to us ? Is k likely that, while we were con-
tending with Mr. Haftings for the good opi-
nion of the Court of Directors, we (houkl have
placed ourfelves before* them in a point of
view, which mirfE have iMteriv
ttvtr confidence in us ? Sir, I arSrm tiiay, in
&3, we did no fuch thing. The terms of
my opinion of the fiminHs of the paper,
which I propofcd ihoukl be deftroyed, are, I
ice, particularly relied on. I denre they may
be ftrirtly examined. I ^i^\ that to lend
to the Judges a copy of Nundcomar's petition,
would be giving k much more weight than
k deferred; that I confidered the infimimnnc
contained in k againrl them as wholly unt up-
poined, and of a libeUous nature. I tbou^st
and uidfo then. I think and lay fo ftffl, in
the
( 3* )
the extent and manner in which they were
ftated in that paper. The perfon, in whofe
name it appeared, was dead. He had, whe-
ther juftly or unjuflly, legally or illegally,
been convicted of a crime, and had fuftered
an ignominious death. Even if he had been
refpited after conviction, his evidence would
have been ufelefs, for his credit was gone. A
petition from fuch a perfon, accufmg his
Judges, could have no fort of weight. It
came before us without a refponfible accufer,
without a proof, or evidence of any kind ; I
therefore faid it was wholly unfupported. No
man, I prefume, will deny that it was in ftrift-
nefs of a libellous nature. I afTerted then, as I
aflert now, that it was a libel on the whole
Court of Juftice, in the ftrift and proper fenfe
of the word. The dreadful charge contained
in it, included all the Judges, concerning two
of whom (Sir Robert Chambers and Mr. Hyde)
we never had a fufpicion of the motives, which
we attributed to Sir Elijah Impey, though I
am far from acquitting them of all blame.
Concerning another of the Judges, the late Mr.
Lemaiftre, though we faw him united in the
clofeft intimacy with the Chief Juftice, and
ready to fapport his opinions on all occafions,
2 with
( 33 )
with a degree of zeal and pafiion which, how-
ever fincerc, was not to be excufed, yet in
that, which conftitutes the deadly guilt of the
transaction, we never fufpeded him to be con-
cerncd ; in a confederacy I mean with Sir Eli-
jah Impey to take off Nundcomar, in order to
feve Mr. Haftings from the effect of that man's
evidence. We were bound therefore to treat
die petition as an mdifcriminate libel againft a
whole Court of JufHce. Is tliere any thing in
that refolution, or in die terms of my opi-
nion, on which it was founded, that under
any, I will not fay fair and liberal, but under
the moft rigorous conftrucHon, do be under-
fbood to exprefs or fignify that we thought the
paper fslfe, as well as libellous of all the
Judges ? This is no new difiincHon, let up by
me to ferve the prefent purpofe. It is no af-
ter thought, no ex pojl foSo vindication of my
conduct. I can prove to the Committee, that
I always made the (ame diftinction between an
accufation and a libeL When Mr. Hattings
accufed me perfonally, about three months be-
fore, of prefenting a libel againft him to the
Board, my aniwer to him Hands recorded in
the following words :
( 34 )
Extraft of a Minute of Mr. FRANCIS.
March 21, 1775.
<f The Governor General, who had long ex-
" peded the appearance of fuch a letter, and
" was apprifed of the contents of it, made no
" objedion, however, to its being received
" and read at the Board. When the man,
" who advances a fpecific charge, declares
" himfelf ready to come forward and fupport
" it, and to hazard the confequences of fail-
" ing in his proofs, it may ftill indeed be pre-
" fumed that the charge is falfe ; but it does
" not partake of the nature of a libel. A li-
" beller advances charges, which he does not
" intend, or is unable to make good. When
" called upon to appear and produce his evi-
" dence, he flickers himfelf, fometimes in the
" obfcurity, fometimes in the fuperiority of
" his fituation, and leaves the accufation with-
" out an accufer, to operate as far as it can,
" in the opinions of men, againft die honour
" and reputation of the party accufed. Rajah
" Nundcomar is not an obfcure perfon in this
" country, nor does he in this inftance ad the
tc part of a libeller. -He is himfelf of very
" high rank ; he pubiickly accufes the Gover-
z fi nor
< ** 5
<c norGeaeral of mifconduct in his office, and
" defires to be heard in perfoo in fupport of
" his charge.*
This is my di fijp<fftaiifl the charge, as it
affects us collectively on the face of our pro-
ceedings ; and I willingly fubmk to your judg-
ment, whether the avowed ofteatible reaibns,
publicly affigned by me, be not fufficient to
account for my public otncial conduct on the
occafion, and to acquit me of the prefent
charge of contradiction. But had I no other
motives for what I did, beyond thofe which I
have atEgned ? Undoubtedly I had, and I am
ready to declare them. Addreffing you, as I
do, under an honourable and moral obligation,
as powerful and coercive as any, that law or
religion can impoie upon the hom*n mind, I
flkouki hold myfelf a perjured man, if called
upon, as in effect I am, for the whole truth, I
reierved any nut of it from your knowledge.
My iecret predominant motive for propohng
to deftroy the original paper produced by Ge-
neral Cbvering, was to lave kirn, and btm alone,
from the danger, to which he had expofed him-
felf by that rafli inconfiderate action. Yet
the fiep I took was not immcdiatdy taken OB
F 2. my
< 36 )
my own fuggeftion. As foon as Mr. Haftings
propofed that a copy of the paper fhould be
fent to the Judges, a ftep fufpicious on the
face of it, and by which it was impoffible any
good purpofe could be anfwered, Colonel
Monfon ftarted at it, and defired me to go
with him into another room. Poffibly Mr.
Harwell may recollect the circumftance. He
then faid, " I fuppofe you fee what the
" Governor means. If the Judges get pof-
f( feffion of the paper, Clavering may be
" ruined by it." My anfwer was, " Why,
te what can they do to him ?" To that he
replied, " I know not what they can do;
" but. fince they have dipped their hands in
* c blood, what is there they will not do?"-~
He then defired me to move that the original
paper mould be deftroyed by the hands of the
common hangman. This ihort converfation
palTed very nearly, I firmly believe, if not
precifely, in the terms in which I have related
it. It is not poflible I mould ever forget or
miftake the fubftance of it. If I am charged
with having a&ed a feeble, pufillanimous part,,
let it be remembered that my fears, whether
well or ill. founded, were not for myfelf j that
the danger, whether real or imaginary., could
no
'( 37 )
no way extend to me. To fear nothing when
we ourfelves are in no danger, is not an un-
queilionable proof of refolution; much lefs
is it a proof of timidity to fear every thing
for the fafety of a friend. It was my opinion,
however, and is fo at this hour, that the dan-
ger to General Clavering was real and ferious.
The author of the libel was dead. General
Clavering had made himfelf the publifher, and
put himfelf into the power of his enemies. I
cannot bring before you in evidence the ftate of
the fettlement at that time; the great power
that was confederated againft us, and the univer-
fal combination of all ranks of Europeans to fup-
port that power in all its operations. We were
lent out by Parliament to enquire into and to
reform abufes. The firft difcoveries, that came
before us, gave a general alarm. The caufe
of Mr. Haftings was made and declared to be
the common caufe and intereft of all the Com-
pany's fervants. We, on the contrary, were
conlidered as their common enemy, and were
At once the object of their jealoufy, their fear,
and deteflation. With a very few exceptions,
we three in effedt flood alone againft the com-
bined power of two Members of the Council,
one of whom was the Governor General;
againft
35457H
( 38 )
againft the Supreme Court of Judicature,
againft die Board of Trade, and againft die
united animofity and clamour of the whole
fettlement. If, in that ftate and temper of
the times, General Clavering had been indicted
for a libel on the Supreme Court, wuofe
powers were in effect, to us, undefined, unli-
mited, and fubject to nocontroul*, 1 cannot po-
fitively affirm what would have been the con-
fequence ; but I am poiitiveiy fure, that no
efforts would have been fpared, no methods
unattempted to harafs and tuftrefs him, and,
if poffible, accompliili his ruin. This I de-
clare upon my honour, and am ready to de-
clare upon my oath, was my motive, as I am
convinced it was that of Colonel Monfon,
for infilling that the original paper mould be
deftroyed. I do not expect, that the force
of this motive mould be felt in this place
and at the prefent hour, as it was by us,
upon the fpot, and in the moment of ac-
* Sir Elijah Impey, in his letter of the i5th of May
*775 (l* a g e 5^3-) fays, " The bounds, between the
' authority of the Supreme Court and the Council, are.
' of too delicate a nature to be difcufled, without there
" fhould be, which I trufl there never will be, an abfo-
'-Jute neceffity to determine them."
tion.
I 39 )
tion. The period is too remote. The fcene
is too ^iftanr- The infiant imprdSon upon
our minds cannot eafily be communicated
to joins. We knew we were fuirounded by
the fcnres of die law. We had no legal learn-
ing. We had no legal advice. You may
{peculate coolly and wifely upon our conduct ;
but yr _ will not determine equitably, if you
do not endeavour to place yourfelves exactly
in our fituanon. At all events, whether we
did right or wrong, we certainly did not do
that of which we are accufed. We never
faid, that the contents of Nundcomar's peti-
tion were not true. As Mr. Hastings entirely
agreed with us in every thing we did, I never
had a doubt that die tranilmion w^s deftroyed,
until Sir Elijah Impey~produced a copy of it at
the bar of this Houfe. Of the authenticity of
this rnnfhrion, you have no other evidence
but that, which confefles it was obtained by
means the moft unjuflifiablc, by means, which
prove, what we always fufpected, that we were
betrayed, by one of our own Board, to Sir
Elijah Impey, and by means, which prove to
demonfrratkm die colhiiion and confederacy,
that fubfifted from the firft between Sir Elijah
Impey and Mr. Hafimgs. The exifience of
( 40 )
that well-grounded fufpicion is material to our
defence.
I am now to reply to that part of Sir Elijah
Impey's accufation, which excludvely affedts
General Clavering. On my own account per-
fonally, I have no manner of concern in it. I
am here the uninftrufted advocate, the feeble
defendant of an honourable friend, who is now
no more. In his name, and for his caufe, I
claim and expect that indulgence, that favour
and protection, which he, I am fure, would
never have folicited for himfelf, but which is
admitted to be due, and which this Houfe, in
fact, has liberally diftributed to other defen-
dants. The learned gentleman himfelf, when
he appeared at your bar, was received there,
as he ought to be, with favour and indulgence.
He was received there, with what I believe is
not quite fo common, though perhaps equally
proper, with diftinguimed marks of protec-
tion. But if indulgence, if favour and protec-
tion are due to a perfon, who is prefent to de-
fend himfelf, who is himfelf a man of great
learning and experience, and 'who can at any
time colled and command the united learning
of his profeflion, and fummon it to his aflift-
ance : how much more are they due to a man
of
( 41 )
of great charader, who is not here to plead his
own caufe ? who is not only abfent, but dead,
and who died in the fervice of his country.
Not, indeed, in die field of battle, where his
gallant mind would have led him, but in a
vile, vexatious conteft with men ; I will not
attempt to quality them ; General Ckvering
thought himielf degraded by a conteft with
fuch men.
In this tranfaction, I cannot undertake toan-
fwer for all the motions of his conduct. I
think I can for fome of them. But affuredly,
Sir, I (hall not attempt to explain what I
never underftood; that is, with what inten-
tion, and for what poffible purpofe, he brought
the paper before the Board. Neither is that
queftion material at prefent. The queftionable
words in his Minute of the i4th of Auguft,
I 775> w hen he produced the Petition of
Nundcomar, are thefe : " As I imagined V
" that the Paper might contain fome requeft
" that I Ihould take fome fteps te intercede
4( for him, and being refoived not to make any
" applications whatever in his favour, I left
" the Paper on my table till the 6th, which
" was the day after his execution, when I
** ordered it to be translated by my interpret
" ter." On this proceeding, the queftion is
G too
( 4* )
too obvious not to occur inftantly to every
man who hears me, why had be refolved not
to make any application whatever in favour of
Nundcomar ?
In attempting to account for an a<3: done
by another, fo many years ago, and to verify
the motives of the perfon who did it ; you
will not exped: that the evidence fhould
amount to demonftration. The beft that I
can offer you, and the utmoft the cafe will
admit of, is ftrong probability and fair con-
jecture. The peculiar character and known
principles of General Clavering muft be taken
into the account. Remember that you arc
trying a caufe of honour in a Court of Honour,
in the forum confcientia, which exifts in the
heart of every honourable man, not in a Court
of Law. You cannot fairly pronounce upon
the man, without knowing and confidering the
general principles of his life. Now, Sir, I
affirm of General Clavering, what I believe
will not be difputed by any perfon who knew
him, that his moral mind and character were
ftriftly and feverely upright ; that he determined
every queftion that came before him with ri-
gid juftice ; that his delicacy, in every thing
that appeared to him to touch his honour, was
more than fcrupulous, and bordered, if pof-
fible
( 4J
^jFijp \iincw^ yyf y^^a J.
him * fo, when I have feen him rerufc Ikdc
complimentary prcfcnts of unit, or flowers,
Cent to his family, and order them to be le-
turned. He was a man TOT tcndci of public
reputation; verj fearfal of rcpraaui ; ana
pirriciilarlT fearful of the impoeation of fop-
porting and encooraging the accofer of Mr.
Hafliogs. With thefc princi^es, he might
intercede for a man found guilty of a
offence. But it is much more probable, and
more matenal to his prefent vindication, that
he was well convinced his mterceffion would
do mifchief inftead of good, and would rather
mar. Mr. Farrer tells yon in his evidence*,
that when he proposed to the General to re-
ceive and tranfimt to the judges, a Petition
of Nundcomar jMi^-dM to the Governor Ge-
neral and Council, his anfwer ended with thefb
words,r
That he had fobd and
for ^**tp*^^*""g that opinion, I benevc
|av, wlwiieard Sir Enjah Impels rbgitide-
Gz
( 44 )
fence at the Bar, went away with an impref-
fion, that General Clavcring, Colonel Mon-
fon and I, never took any formal fteps in favour
uf Nundcomar ; and that if we had interceded
for him, it might probably have faved h;s
life. Whether the Judges would or would
not have yielded to our interceffion, is a quef-
tion, which no human tribunal can decide.
You may form a judgment of it, however,
by obferving how the Court acted, when we
really did intercede with them in favour of
Nundcomar, in inflances of no importance to
the real purpofes of juftice, though very im-
portant to the unfortunate man himfelf. I
lhall Hate the fads I allude to, in the terms in
ivhich they are recorded.
On the 8th of May, 1775,* a Petition wa.s
received from Rajah Nundcomar to the Go-
vernor General and Council, which, after
flating many other particulars, very deferv-
ing of the attention of the Houfe of Com-
mons, concludes with the following words,
" The Honourable Prefident, I am well af-
" fured, is fully fenfible of the fa&s I allude
" to ; It may be requifite to explain to the
" reft of the Honourable Members of the
* Page 55*.
" Board,
*' Board, that the inftitutions of our religion
" ftri&ly enjoin a number of ablutions, prayv
*' eis, and other ceremonies to be perfonne4
" by the led: of Bramins, before they can
" take any kind of food. Nothing of this
" can be performed in the place where I now
ft am ; and, could even thefe obftacles be
" furmounted, the place itfelf, as being in
" habited by men of a different religion,
" would prevent my receiving any fuftenance
" whhout breaking thofe rules, which I have
" hitherto religioufly obferved. I therefore
" humbly requeft, that I may be permitted
" to refide, under as ftrict a guard as may he
" judged requifite, in fome place where thefc
" objections may be obviated."
After a long and careful examination
made by the Board into the truth of this re-
prefentation, I moved*, " That the Sheriff
" and his Deputy ihould be direclted to wait
" on the Chief Juftice, on the part of the
" Board, to reprefent to him the fituation of
" the Rajah Nundcomar, whofe religion, as
" he had informed the Board, had oblige^
:t him to deny himfelf fuftenance in the par^
ff tkular circumitances of his'preient cx>n-
S>7-
^ finement;
( 46 )
** fmement ; and to defire the Chief Juftice
" would confider of granting the Prifoner
" fuch relief, as might be confident with the
" Itridt fecurity of his perfon to anfwer to the
" charges brought againfl him; and that a
" copy of the latter part of the Rajah's Pe-
." tion to the Board fhould be delivered to the
* { Sheriff." Colonel Monfon and General
Clavering agreed.
The Governor General faid, " I object to
" the Motion, becaufe the fame reprefenta-
*' tion may be made by the Prifoner himfelf
*' to the Chief Juftice; and I think, therefore,
" it would be improper that it Ihould be con-
" veyed to him through the authority of Go-
ff vernment."
In reply to this meffage Sir Elijah Impey,
in his letter of the pth of May, thought pro-
per to fay *,
" I muft make it my requefl, that the
" Maha Rajah may be acquainted by the
" Board that, if he has any further appli-
C cation to make for relief, he muft ad-
" drefs himfelf immediately to the Judges,
" who will give all due attention to his re-
" prefentations ; for fhould he continue to
" addrefs himfelf to the Board, that which
* Page 562.
will,
( 47 )
" will, and can only be obtained from prin-
" ciples of juftke, may have the appearance
** of being obtained by the means of infliMfyig
" and authority, the peculiar turn of mind of
"* the natives being to expect every thing from
" power, and little from juflice."
In another letter, dated May 15, 1775, he
%*:
" I did not, nor do not queftion the autho-
" rity of the Board in receiving Petitions ; I
" carefully reftrided what I laid to this ixJivi-
" fad Prijmuri I did not defire his Petitions
" Ihould not be received ; but, when received,
" if they were to require any thing from the
" Judges or the Court, that the anfwers given
" to thofe Petitions fhould be, that he muft
" apply himfelf directly to the Judges ; and
" this I did to avoid the imputation I then
" alluded to, and which would be equally de-
'* rogatory to the character of the Council,
' as that of the Judges.
'* The particular reafbn, which called upon
" me in this cafe, to make that reqmfitko,
" was the reports publicly circulated in this
*' town, that, if the Judges could not br pre~
vailed
( 48 )
rc vailed upon to releafe the Maha Rajah, he
" he would be delivered by force."
This fuppofed report of an intention in the
Commander in Chief and two of the Council,
to releafe the Prifoner manu forti, was not in-
confiderately advanced or abandoned by the
learned Gentleman. After we had forced him
to declare, as he did in his letter to the Board
of the 3oth of May 1775 *, " That he knew
" it to be totally groundlefs ; that he again
te and again difclaimed ever having given
" any credit, and detefted the thought of
" adding weight to fo fcandalous a report,"
he revived it in his letter to the Secretary of
State, of the 2oth of January 1776, in the fol-
lowing words : " It fhould be known that
" the conduct of the Council, (meaning the
" majority) to the Judges, and to the Pri-
v " foner during his confinement, had raifed an
" almoft univerfal belief in the Natives, and
" even among the Europeans, that the Pri-
" foner would be protected from ji-iftice, in de-
" fiance of the Court." And now he re-
/\ fumes, and infifts upon it once more at the Bar
of this Houfe. I leave it to him to recon-
cile an imputation of fuch a nature, if he can,
to that high approbation, with which he fays
; H * Page 569.
we
.< 49 )
we afterwards received the execution of Nund-
comar. But, in what light did General Cla-
vering confider it ? Sir, the imputation of a
defign to refift the Civil Power, to oppofe the
Execution of Juftice, appeared to him not
only fo fcandalous, but fo dangerous, fo par-
ticularly levelled at //, as a Military Man,
as Commander in Chief of the JSP^Y* toat
he thought it neceflary, for his fafery, to ex-
culpate himfelf from it by oath*. I fay, /or
bis fafity, becaufe I am firmly of opinion, that
he would have been in #s great danger as Nund-
comar, if the Judges could "have found any
thing criminal to have laid to his charge.
Colonel Monfon and I, though not the imme-
diate objects of that infamous calumny,
thought it right to take the fame oath. From
this extraordinary facl:, I leave it to you- to
conclude, what muft have been our opinion
of the perfonal fecurity of our fituation.
On the 3oth of May, the Chief Juftice
thought fit to write us a very long letter (on
the fubject of our interpofirion in behalf of
Nundcomar,) in which he faid j,
Page 565. J Page 569.
H " As
( 50 )
" As to communicating Petitions to the
" the Judges, I apprehend that no Board,
" even of the higheft authority in England,
" can refer any matter, either to a Court of
" Juftice, or any Judge thereof, othervvife
" than by fuit legally inftituted ."
On the 23d of June*, the Chief Juftice
declared from the Bench, that the Governor
General and Council, whom he confidered as
nothing more than as Agents of the Eaft In-
dia Company, could only apply to the Court
by humble Petition, and that the Court could
not receive in future any letters or merTages
but in that form .
Extract of a Declaration from the Bench, made
by Sir ELIJAH IMPEY on the 230* of June,.
1785.
" The Company, as well as all other Ap-
" pellants, muft not claim it, but prefer an
" humble Petition. This being thus explain-
r< ed, to prevent any further altercations of
" this nature-, the Court muft inform the
" Board that they cannot (refpect being had
* Page 616.
" tO
( 5' >
" to the dignity of his Majefty's Courts, and
" to the welfare of the country) receive in
" future any letter or mefiages but in that
" form."
On the 27th of June *, we tranfmitted to
the Judges a translation of a letter addreffed
to the Governor General and Council, in fa-
vour of Nundcomar, by the Nabob Mobaric
ul Dowlah, Subadar of the Provinces of Ben-
gal, Bahar, and Orixa ; titular indeed, for to
that (late was he reduced, but the only right-
ful reprefentative of the Sovereignty, and ftill
acknowledged to be the Nazim, or Chief
Criminal Magiftrate of the country. Whe-
ther the Judges gave any anfwer to that fpe-
cific application from the Nabob, through the
Governor General and Council, I cannot dif-
cover. I rather fufpecl: that, as Sir Elijah
Irnpey knew the reference had pafled unani-
9ncx/ly at the Board, he thought it beft to
take no notice of what he could not conve-
niently condemn without a cenfure of his
friends. But obferve how he acted, when he
found us alone. On the 2oth of June, the
* Page 583.
H 2 Governor
Governor General and Council had refolved to
addreis t!.e judges in behalf of the Nabob's
Vakeel, for whom we claimed, as well on the
part of the Prince whom he reprefented, as on
the part of our Government, by whom he was
received, the rights and privileges of a public
Mmifter*. Mr. Haftings and Mr. Harwell
diflented, and refufed to fign the letter. I
beg leave to read to you an extract from the
anfwer, which the Judges fent us the next
day by a Mailer in Chancery -j~:
" That the Court is of opinion, that all
" claims of individuals ought to be made di-
** rec~r.ly to the Court by the individuals, and
t( not by the authority of the Governor Ge-
tl neral and Council.
" That it is contrary to the principles of
<e the Englilh Conflitution, for any perfon or
t{ perfons to addrefs a Court of Juftice by
tc letter miflive, concerning any matter pend-
" ing before fuch Court ; and that the higher
" the flation of the perfon or perfons fo ad-
<( drefsing, the adt is the more unconftitu-
tional."
* Page 6067. t Page 610.
Finally,
, ,( 53 )
Finally Sir, I beg leave to read to you an
extract of what is called * tbt unanimous opinion
of the Court, ittemd (on tbe jjl ofjnty) by tie
Chief Juliet, in 'confeyunct of a later fgmed J*
Oaverw -,Gforge Monfon ; P. Francis.
" c It is with the deepeft concern we find the
" Council ftill perfift to addrefs the Court by
" letter, on fubjecb pending in Court, or on
" which the Court have given their opinion ;
" and that, not with landing the frequent de-
" clarations, and unanimous opinion of the
" Court, upon the impropriety of that mode
" of addrefs."
After ali this had pafled, it is not much to
be wondered at, that General Clavering ibould
refolve not to make any more applications in
favour of Nundcomar.
You have feen, that we interceded for him
with the Judges. You have feen, in what
manner our interceffion was received. It is
proper you mould know, what the fubjed
and occafion were, which drew down fo many
cenfures and menaces upon us. As foon as
we received Nundcomar's petition of the 8th
of May, the conclufion and prayer of which
Fage 663.
-we
( 54 )
we immediately refolved to communicate to
Sir Elijah Impey ; we examined the Sheriff
and Under Sheriff, concerning the circum-
ftances of Nundcomar's confinement, and of his
fftuation in the goal. From their evidence it
appeared, that he was committed on the 6th ;
and from that time, I think about forty
hours, had refufed to take any fuftenance.
The next day, the Chief Juftice's anfwer to
our meflage was received in Council.
He defired the Sheriff and Under Sheriff
to inform us " that Rajah Nundcomar was
" not committed by him, and that he had no
" authority to interfere in the affair, there be-
< i n g felony exprefsly charged in the war-
" rant." General Clavering then faid*, " I
" acquaint the Board that I have received a
" letter from Mr. Jofeph Fowke, who is juft
" come from vifiting Maha Raja Nundcomar;
" acquainting me, that it is the opinion of
" the people, who were about him, that they
" do not think he can live another day with-
" out drink. He fays his tongue is much
" parched, but that his fpirit is firm. In the
* Page 560.
" converfation
( 55 )
* c converfation that he had with the Raja, the
" Raja told him, do not trortk jmfelf about
* e me. 'fbe wSSL ofkejven mxft be complied sw/.
" I am rnocnt" I immediately moved that
the goaler might be fent for to inform us whe-
ther Rajah Nundcomar had really taken no
fuftenance fince his confinement, and in what
fituation the Raja then was. When he came,
I queftioned him myfelf, and it appeared by
his examina^'-on, that the Rajah had then ta-
ken no fuftenance for fixty -three hours ; that
the jail was crowded ; that it had not been fo
full before, and that there were at that thne
twenty-three felons in it, befides other prifb-
ners. I then moved " that the information
" laid before the Board by General Clavering,
" and the further account given by the jailer,
" fhould be communicated to the Chief Juftiee,
" by the Secretary, on the part of the Board ;
" and that the Secretary fhould wait upon him
" accordingly as foon as the Board broke up."
This was agreed to and ordered.
On the fame day, we received a letter from
Sir Elijah Impey to inform us that he had
fent for the pundits, and examined them con-
cerning the pretended fcruples of Nundcomar.
The refult was, that tbcre were ao grotnds for
altering the mode of confinement of the Maha Raja.
He aflured us*, " that the Judges would,
" as far as by law they might, remit the ri-
" gour of the Englifh law, in -all cafes,
" where its effects might be prejudicial to the
" natives on account of their religion; and
* ( perhaps in fome cafes, would yield even to
* ( prejudices, if national and deep rooted.
*' But they muft not fuffer the pretence of
" religion to be fet up for the purpofes of
" eluding the ordinary courfe of the law."
Accordingly the unfortunate man was aban-
doned to his fate; or, if you will, to the un-
avoidable confequence of his own obflinacy.
Whether his fcruples were well, or ill founded,
is more than I am able to explain. We know
with certainty that the Gentoo religion is, in
a great degree, ceremonial ; and in a very low
degree, if at all, dogmatical. It prefcribes
many things to be performed, many others to
be abftained from, but not much to be believ-
ed. It forms the occupation, rather than the
creed of a mild, inoffenfive, innocent people.
To preferve what they think a religious purity,
to fave themfelves from what they deem to be
: . Page 561.
indelible
( 57 ?
indelible pollution; I do not fay that they
will act with vigour, (that perhaps is not in
their nature) but I know they will fuffer and
endure with a patience more than human.
Can you doubt that Nundcomar was in earned
in the fcruples he profeft, when I tell you that,
thrr frh QifjjliV t^
Sir Elijah Impey debated the point with us,
whether Nundcomar ought to be relieved or
not, and while he was amufing himfelf with
writing us long letters on the fubjed, the old
man, above feventy years of age, refolutely
perfifted in refufing all manner of food for
more than eighty hours ? In fo much that the
Judges themfelves, alarmed at the idea and
poffible coafequences of an illegal mitrder, gave
an indirect permiiiion to the jailor, as it were
without their knowledge, to pitch a tent for
Nundcomar out of the limits of the prifon, in
which, at proper hours, he might perform
his ablutions and prepare his food. Sir Eli-
jah Impey takes care to tell you, what fpe-
cial pains he took to inform himfelf, whe-
ther there was -ny real foundation for the re-
ligious difficulties pretended by Nundcomar*.
* Page 561 ,
I Ho
He fent the pundits, whom he calls the keep^
ers of the conferences and the oracles of the Gentoos,
to examine the place of his confinement, and
they, it feems, told him that *, (f a Bramin
" could not properly perform his ablutions, or
" eat and di ink in the place where Raja Nund-
" -oemar was confined. But, if he did, he
f ' would not lofe his caft, but he muft perform
" apeniiance."
Now, Sir, it is proper you fhould know,
that thefe pundits, in pomt of circumftances
and lituation, were very low and indigent per-
fons; that they received fmall falaries for
their attendance on the Supreme Court, and
were removeable at the pleafure of the Judges.
Admitting neverthelefs that, in this ftate of
dependance, they might have had courage
enough to deliver an opinion adverfe to the ap-
parent inclination of the Chief Juftice, on
whom they depended, and that the opinion,
which they did deliver, was (incere, it ought
not to have prevailed with Sir Elijah Impey
againft what he faw was the internal conviction
of Nundcomar, demonftrated by a determina-
tion to die, rather than fave his life by fub-
mitting to pollution. He ought to have
* Page 562.
known,
( J9 )
known, that the Hindoos are not only divided
into cafts, but that, in the fame caft, there
are different orders and degrees, not only dif-
tinct in point of rank, but feparated by religi-
ous rules and inftitutions, attached and appro-
priated to every divifion of every caft, and
which can neither be renounced or invaded
without a crime, The Bramin of a lower clafs
is no judge even of the ceremonies, much lefs
of the religious fcruples of a fuperior Bramin.
When Nundcomar was informed of the report
made by the pundits, the old man {railed, and
laid, " thefe men are not of my level. They
" are no judges of my confcience."
Want of food was not the only diftrefs, to
which this unfortunate man was obliged to
fubmit. He was confined in a miferable jail,
crowded with debtors and felons of all nations,
ranks and religions ; and though he might
have had every accommodation, which fuch a
place could afford, ftill I affirm, that it mud
have been to him not only a loathfome, but
a dangerous, cruel, and tyrannical confine-
ment. Mr. Nay lor, the Company's Attor-
ney, committed by Sir Elijah Impey for a
contempt of the Court, in not anfwering inter-
rogatories, died in confequence of being ihut
I z up
( 60 )
np there a few weeks. Others, to my know-
ledge, have furTered by it feverely.
In fuch a prifon, we knew that Nundcomar
was periihing for want of food. That we felt
the moft ferious anxiety for his fituation, Sir
Elijah Impey may affect to doubt, if he thinks
proper. That General ClaVering fent con-
ftantly to enquire about his health, is charged
and admitted. But, in this offence, he had
accomplices, it feems, whom Sir Elijah Im-
pey has thought it perfectly proper and be-
coming in him to include in the charge. For
the fake of calumniating the memory of Sir
John Clavering, he brings the ladles of his
family into public notice, into the judicial view
i of the Houfe of Commons. Sir John Cla-
vering's daughters are accufed of fending every
day to the prifon with compliments to the
Rajah, and inquiries about his health. One
would think that, even if there had been any
thing improper in what they did, the confi-
deration due to their fex and youth, to their
beauty and accomplifhments, might have pro-
tected them from fo ungenerous an allufion to
their names and conduct. But it is in the ex-
ercife of their charity, in the dilplay of that
benevolent virtue, which gives new luftre to
youth
routh and beauty ; it is in the performance
of the moft amiable of all human duties, that
the daughters of General Clavering are intro-
duced to be evidence againft their father, and
even Lady Clavering againft her hufband.
The charge means nothing, if it be not in-
tended to convey, that General Clavering had
ibme improper connection and correfpondence
with the accufer of Mr. Haftings. Without
that application, the mention of the ladies of
his family would be mere malice, and nothing
elfe. But, why not accufe me too of the fame
offence ? I was at leaft as guilty of it as they.
I fent meffages every day to Nundcomar. If,
knowing his fituation fo exactly as I did from
the Sheriff, I had neglected him at fuch a
time, I muft have loft all fenfe of humanity.
For the fame fort of purpofe, we are accufed
of having paid a vifit of ceremony to Rajah
Nundcomar. I anfwer it by afking, wfyfboield
ft-<? not? He was a perfon of the fir ft rank in
his own country .He belonged to the high-
eft order of the Bramins. I believe he was
taeir Chief. He had been Prime Minifter of
the Government under Meer Jaffier, and his
fon. Was fuch a man not intitled to a vifit
from General Clavering, Colonel Monfon and
me ? In point of rank, he was far fuperior to
any of us. But, what was the fad. ? On the
day'*, after he was examined before the
Judges, at Sir Elijah Impey's houfe, on a
charge of a pretended confpiracy againft Mr*
Haftings, when the charge was difmifled, and
\vheR his accufers were not even bound over to
profecute, we paid him a Ihort vifit at his
houfe. I am fure it did not exceed ten minutes.
We faw plainly enough for what reafon he was
perfecuted, and we thought it became us to
pay him that compliment, as a public mark of
countenance and good opinion. We did not
promife him protection, for unfortunately we
had no power to protect him.
I have given you now an exact and faithful
account of a tranfaction, which, I think, Sir
Elijah Impey would never have appealed to, if
he had not been blinded by a guilty mind. He
flattered himfelf that he had contrived to make
it impoffible to detect the falsehood of his flory.
I believe you are fatisfied, that he was, from the
firft, united in clofe collufion with Mr. Mailings;
that we were not miitaken in fufpecting, that
our fecret debates in Council were betrayed to
* aoth April, 1775.
him;
( 63 )
Mm ; that our ordering Nuudcojnar's petition
to be burned, was founded on ah apprehenfion
materially connected with that fufpicion;
that, by that reiblution, we never meant to
pronounce upon the fubftance or merits of the
petition ; and that the learned gentleman him-
felt never once thought of giving the conflruc-
tion to what we faid; or of drawing the con-
clufion from what we did, which he now ad-
vances, for the firft time, almoft thirteen
rears after the event. If, on this laft material
point, there be yet a doubt in the mind of any
man, I can remove it by the beft of all evidence,
by that at Icafl, which ufually makes the deep-
eft impreffion, by the evidence of die party
again ft himfelf. Sir Elijah Impey's letter to
the Secretary of State, dated the zoth of Jan-
nary 1776, is now before me. It confifts of
feventeen folio pages in print. It appears to
have been written on purpofe to vindicate his
character from the afperfions uniformly thrown
upon it, by Clavering, Monfon, and Francis,
for his conduct in the bufinefs of Nundcomar,
to charge them with having conftoMtfy imputed
to the Court the moft atrocious motives for their
condud, by ftrong infinuation, malignant iar-
cafm, and fevcre cenfure ; and to accufe them
of attempting, on fundry occafions, to over-
awe,
awe, or reduce the. authority of the Supreme
Court.
I beg leave to read to you a few Ihort pak
fages out of this ftudied performance*.
1. " The Governor General has within
ff thefe few days communicated to me feveral
" Minutes, figned by General Clavering, Co-
" lonel Monfon, and Mr, Francis. They
" are feverally fraught with direct charges,
** or plain infinuations, againft the characters
" of the Judges, and the conduct of the
" Court of Judicature. Some feem more par-
*' ticularly levelled at me.
2. " The crimes either directly charged upr
" on the Judges, or' indirectly infinuated,
" (which, I think, we have more reafon to com-
" plain of, as being lefs liberal) are of fo horr
te rid and deteftable a nature that, if they are
*' well grounded, ought to fubject each of
" them to the highefl punilhment a Parlia-
" ment Impeachment can inflict, and brand
" their names with infamy to the lateft pof-
" terity.
3. " I do fincerely attribute the offenfivc
" parts of the paragraphs to imaginations heat-
" ed by party difputes ; and entertain fo high
* Vide Appendix to the firft Report of the Seleft
Committee in 1781 j No. 27.
" a fcnfe
( 5 )
** a ienfe of die honour of die Gentlemen,
" that at a, period fonie diftance from die
te events, which ihall have given rime for
" their judgements to cool, they &iU them-
" felves be (hocked at what they have wrote,
** and be willing to retract the charges."
I agree with this learned gentleman intire-
ly m the definition he has given of his crimes,
as well as in his opinion of the poniihment they
deferve. But I call upon him to explain to
yon, if he can, why, in January 1766, he
looked forward to a futmre period for nfxtxrt
retractation of the charges we had dated, of
the falsehoods we had written againft him, if
it be true, as he now tells yon, that we had
already abandoned thofe charges, if we had
already acknowledged the falfebood of our
aflertions, and borne a clear tmqueftionable
teftimony to the rectitude of his conduct.
The diftindion he endeavours to fet up be-
tween oar ACnfcr, which he affirms he never
(aw, and our public act in burning the paper,
will be no relief to him. He (ays he never (aw
our Minutes on the fubject. Be it fo, the af-
fertion is incredible; but I abandon that
quem'on. At die prefent moment, I do not
defire you to believe what he denies, but only
K to
( 66 )
to remember, what he has admitted. He was
In pofleffion of the paper, and knew that we
had ordered it to be deflroyed. If he had re-
ally conceived that, by that refolution, we
meant to exprefs or imply an opinion of the
falsehood of the contents, he ought. to have
concluded from it then, as he pretends to do
now, that -we ourfelves had acquitted him, by a
public voluntary adtof our own, of all the atro-
cious charges we had brought againfl him. In
that fenfe, if the adt in queflion was any proof
at all, it was full as good a proof of our
favourable, opinion of him,, as any thing we
Could have faid in our Minutes upon the fub-
je(ft. In this long letter he never mentions or
alludes to either one or the other. Yet thai
was the time, if ever, for him to have availed
himfelf of the evidence of the perfons he calls
his enemies, againft themfelves, and to invali-
date any .declarations they might have made
againft him on other occafions : inflead of apt-
pealing then to the recorded faft, to what he
now calls irrefiilible evidence of our opi-
nion in his favour, he exprefsly looks forward
to adiftant day, when he expedh that we fhall
be ready to condemn ourfelves, when we Ihall
be
( 6? )
be ihocked at what we* have written, and be
willing to retract our charges.
4. " A public notification is profefiedly
" made to the Englilh nation, by which it is
" attempted to perfuade them, that the Court
" of Judicature, eflabliihed by his Majefly for
" protecting the natives of this country, and
" the Eaft India Company, from the violence
" and oppreffion of the Company's fervants,
" has been by the Judges converted into an
" execrable inftrument in the hands of Mr.
" H illings, of deftroying the innocent native,
" for the fake of protecting the guilty fervants
" of the Company.
5. " It Ihould be known, that the condud:
" of the Council to the Judges, and to the
" Prifocer during his confinement, had raifed
" aa almoft univerfal belief in the natives,
" and even among the Europeans, that the
" prifoner would be protected from. Juitice, ia
** defiance of the Court.
6. " Raja Gourdafs (fon of Nundcomar) has
** caufedit to be intimated to me, that he was
" very defirous to pay his refpe&s to me, but
" is pofuively enjoined (hemuftmeanyor^/^f;;)
" entering my houfe by numbers of the Coun-
" cil."
K 2 I have
( 68 )
I have no recollection of this fact, nor do I
believe one word of it. It is pojjible, I confefs,
that Raja Gourdafs might have been very defi-
rous to pay his refpects to Sir Elijah Impey, and
for reafons perfectly coercive on the timid
mind of a Hindoo. But he had no occafion for
our confent. If he had aikedme for my appro-
bation of fuch a vifit, I mould certainly have
told him what I thought of it. The ftory in
effect, which you are called upon to believe,
is, that Raja Gourdafs was bond-fide, 'very dejirous
to pay his refpects to Sir Elijah Impey, that is, to
thank him for the murder of his father.
I mail read but one Ihort paragraph more
out of this letter. To underftand it, you
ihould know that, in one of our Minutes, we
had faid, we were ignorant of any attempts to
over-awe or reduce the authority of the Supreme
Court.
i( In anfwer to this, (Sir Elijah Impey fays)
" I muft refer to the letters fent me by the
" Council in May laft, concerning Nundco-
" mar ; the letter addrefled to Mr. Juftice
" Hyde and Juftice Lemaiftre ; the univerfal
" tenor of the Minutes of the Council, whenever
" the conduct of the Judges made part of their
" confultations.
In
In this pafiage, the terms he has felecred are
inchive without exception. The viuverfd
tenor of our Minutes was to attack, to con-
demn, and to reprobate the conduct of the Su-
preme Court. It was fo. I allow k. But,
when you have received that charge from Sir
Elijah Impey, when you have feen k delibe-
rately dated and infifted on by him, in writ-
ing, -in a formal letter to the Secretary of
State for his Majefty's information, will you
permit him to tell yon now, that it was not
true ? will you fuffer him to aver againJu: h is
own record ? will you endure to hear him (ay,
that we did not uiuverfalh condemn the Judges,
whenever their conduct made part of our confidta-
toons? for that on the very proceeding, which
was efl.entia.Uy in question, which, he lays,
we had charged as a crime, teat would brand
the names of the Judges uitb infamy to the latejlpof-
ffrity, on this very proceeding, we had already
laid or done what mud have amounted in our
minds to a complete vindication of their* con-
duct. Even now, Sir, I am content to let
him choofe what fingle aflertion he will abide
by. But no man is at libery to afien and deny
the truth of the fame proportion. You ice,
for what reaion Sir Elijah Impey was fo parti-
cular
( 7 )
cular in ftating to the Committee, that he had
never, till very lately, feen our Minutes of the
1 6th of Augufl 1775.
Had he admitted that he had feen the
Minutes in Calcutta, his letter to the Secre-
tary of State would, upon his prefent ihewing,
have been a direct falfehood as a charge, and
palpably defective as a defence. With thofe
Minutes before him, and under.ftanding them
in the fenfe of approbation or even of ac-
quittal, he coiild not have faid that we had
vn'werfally condemned the conduct of the
Supreme Court. Much lefs, while he was
defending himfelf againft the moft atrocious
imputations, particularly levelled at him,
could he have omitted all mention of a fact fo
material to his defence, fo irrefiftible in its na-
ture, as that we, who accufed, had com-
pleatly acquitted him.
I do not mean to give the Committee any
farther trouble. Either the charge, which
this learned Gentleman has brought againft
Sir John Clavering, Colonel Monfon and my-
felf, is anfwered, or it is not in my power to
anfwer it. Had he acted with the fame can-
dour to me, which my honourable friend has
obferved to him ', had he thought proper to
deliver
deliver it in writing, I would have anfwered
it in writing. Let him deliver it even now
upon paper, and I pledge myfelf to anfwer
it in the fame manner. Whether he does or
no, it is my intention, though I do not ab-
folutely bind myfelf to do fo, to write down
what I have faid, and to offer it to the. Com-
mittee. Some way or other, I mean to put
him in pofleffion of my defence. If his caufe
be good, let him have all advantages in de-
fending it. Let him go free while he accufes ;
and let me be bound down by my defence.
A word more, and I have done. Some fin-
gular circumftances have contributed to mark
me to the public eye as an object of attention.
In our day it has happened, that two perfons,
removed from Rations of the higheft truft,
have been accufed of crimes the raoft atro-
cious that ever yet were the fubject of accufa-
tion before any human tribunal ; one of
them, on evidence which, in this Houfe at
leaft I may prefume to fay, may be taken for
conclufive. The other is only accufed. The
very firft thing thefe perlbns think it necelTary
to do, the very firft ftep they make towards
then- defence, is to declare that / am their
enemy. Their conduct tells you, that I am
thr
the firft difficulty, which they muft endeavour
to overcome ; that I am the fmgle perfon,
whom it is eflential to their fafety to attack,
to calumniate, to difqualify, to difcredit, and
to remove. I am honoured by their objec-
tion. I am proud of the diftinttion. In the
bafe, vindictive meaning of enmity, I am not
the perfonal enemy of either of them. But I
defire it to be underftood, I wifh to have it
proclaimed, wherever my name can be known,
and to whatever period it ihall exift, that it is
the pofleffion which I value moil, that it is
the inheritance which, above all others, I am
anxious to tranfmit to my fon, that I am in
moral principle oppofed to the principles of
thefe men ; that I declare and avow immortal
enmity to their minds and to their conduct,
and that I truft that my character and princi-
ples will be known and diftinguiihed by an
eternal oppofition and everlafting hoftility to
the manners, the character, the conduct, and
the hearts of Warren Haftings and Sir Elijah
Impey.
APPENDIX.
< 73 )
APPENDIX,
No. L
of a Petition from Rajah Nundcomar,
confned i Goal, to the Governor General
and. Council, dated, Calcutta, %tb May,
Honourable Sir, and Sirs,
A.FTER having been honoured with the
confidence of the Nabob Jaffier Ally Khan, fo
peculiarly the friend of the Englifh; after
having difcharged the firft office in the
Subah ; after being now ten years retired from
all public employments, and having feen my
fon appointed to a diftinguifhed poft, with
this teftimony, as I have been credibly in-
formed, of the Governor's approbation of his
father, that he inflated my fon in the poft,
with a view to his profiting by my experience
and wifdom, I might perhaps flanle the
Honourable Board with an addrefs from the
553-
t common
( 74 )
common goal, had, I not in a degree prepared
them for fome fatal change in my fituation, by
a reprefentation I made in the month of
March, 1775, of the fevere menaces which
had been uttered againft me by the Governor
General. Where the firft magiftrate declares
his determined intention of hurting an indi-
vidual to the utmoft of his power, the enemies
of the man fo marked for deftruction will
eagerly grafp at an opportunity of gratifying
their malice ; the diffolute and abandoned
will find a fufficient inducement to perfecute
him from the hopes of gratifying the refent-
ment of the man in power ; and if the un-
happy man, fo devoted, have, by an upright
conduct, made the wicked his enemies, malice
and wickednefs may unite their endeavours to
complete his ruin. To advance a ftep fur-
ther, Ihould the firft man in the State coun-
tenance one * publicly known to be deflitute of
all moral principle, and as publicly known to
be the enemy of the perfon, againft whom he
has denounced his refentment : Ihould he
treat a man of fuch principles with a degree
of diftindtion far above his rank in life:
* Mohunperfaud.
fhould
( 75 J
ibould he admit him to prince conferences
with him, what is the wretched object of his
refentment to ezped: > where ihtll he find an
afylum, when the whole body of die wicked
and abandoned is let loofe upon him?
I mean not now, however, to deprecate the
Governor General's refentment. The reafons
of the encouragement afforded to my enemies,
and the motives of the Governor General's
refentment agaraft me, will be fufficiently
explained to the world by the reprefentation I
have already made in a former addrefs to the
Honourable Board. Should my life be taken
away by the flagitious charge now laid againft
me, the facrs before alluded to will remain
upon record, the witnefles will be ready, and
the proofs produceaWe, whenever the Governor
General has courage fufficient to hear them,
A charge which has been now thefe three
years depending in a Civil Court, without the
witnefles, upon whole evidence I am com-
mitted, having been once produced or men*
tioned, has been laid againft me by men, who
are marked by the public as the moft turbulent
and abandoned. My only inrenrion in letting
forth the fervices I have done, and the cha-
racter I have to an advanced age fupported,
L* it
< 76 )
is to introduce my requeft, that I might not
fuffer upon fuch a charge, from the bafe
accufation, a puniihment equal to that of
death, the violation of the moft facred duties
of my religion. The Honourable Prefident,
I am well allured, is fully fenfible of the facts
I allude to. It may be requifite to explain to
the reft of the Honourable Members of the
Board, that the inftitutions of our religion
ilrictly enjoin a number of ablutions, prayers,
and other ceremonies to be performed by the
Sect of Brahmins before they can take any
kind of food. Nothing of this can be per-
formed in the place where I now am ; and
could even thefe obftacles be furmounted,
the place itfelf, as being inhabited by men of
a different religion, would prevent my re-
ceiving any fuftenance, without breaking
thofe rules, which I have hitherto religioufly
obferved. I therefore humbly requeft that
I may be permitted to refide, under as ftrict
a guard as may be judged requifite, in fome
place where thefe objections may be ob-
viated.
(Signed) NUNDCOMAR,
No. II.
( 77 )
No. II.
Fort Wtifam, o/& My, 1775 *.
COUNCIL.
The Jailer being arrived, is called before
the Board, and afked his name : he anfwers,
Matthew YandeL"
Mr. Frads.
$. Whether Rajah Nondcomar has re-
filled to f*fr* any ruftcnance fince his commit-
ment ; and whether you believe it to be true
that he has received none ?
JL I dp believe it to be true that he has re-
ceived none. I am fomedmes out upon bnfi-
pefs, but I don't know of his having received
3. What fitnatkm is the Rajah now in
with refpecl to Jiis health, and his peribnal
appearance?
JL He appears to be very well, only a
little daunted with die notation he is now in;
low in fpirits.
. How many boors has the Rajah been
in your cuftody >
JLHe
t 78 )
A. He came on Saturday night, a little
after ten ; it is now pail one ; fo that he muft
have been at this time in confinement fixty-
three hours.
Governor General. ^. Have you any other
prifoners of the Bramin caft in the goal ?
A. I dare fay I have, but I have not en-
quired ; we have generally of all cafts in the
goal.
Mr. Francis. . How many perfons have
you in the goal, debtors and felons?
A. Between fixty and feventy perfons.
^. Is it crowded.
A. Yes, fuller than in general ; we have
not had it fo full before ; we have about
twenty-two or twenty-three felons ; five or
x ufed to be a great many.
No. III.
No. HI.
ExtraS from tt* frf Report from the Sdcct
Committee, 1782 *.
The cafe of Mr. North Naylor, Attorney
to the Company, is of itfelf fuincieat to
lender all fuch complaints, in future, art afioir
of the extremeft hazard.
Mr. Naylor, who appears to hare been a
perfoo of coofiderable indufiry and abilities,
was employed by the Governor General and
Council to defend that Board, and fame per-
ffli of diftin6tJOtt. among tjH^ natives, againft
the late fuits in the Supreme Court. The
Supreme Court attached Mr Jfey lor for a con*
tempt, on account of ibme fleps he had taken,
under the direction, and in favour of his
clients; and, on his refufal to anfwer a feries
of interrogatories, (in which refuial he was
fupported by his Clients) he was drtainrd in
the f f t r^ n ff? gQal at Calcutta, a miserable
and pefblenrial place, upwards of a month. For
thefe inrerrogatories, which your Committee
conceive to be in many pans wholly unjufti-
fiable, they refer to their report of laft feflkm,
; and to the Comjuran Appendix to that report*
(No. 23.)
(No". 23.) Mr. Naylor, who was in no good
ftate of health, at the time of this rigorous
imprifonment, and having had during it$
continuance, fome family misfortunes, died
foon after his releafe upon bail; his death
being in all probability, haftened, if not
caufed by his fuflferings under confinement.
No. IV.
Copy of a Note from Mr. Mackrabie, Sheriff of
Calcutta, to Mr. Francis, dated nth May>
1775-
Raja Nundcomar has now a tent fixed on
the outfide of the prifon gate, for the pur-
pofe of warning and eating. He has done
both this morning, but is not yet returned
into his apartments in the jail, fo that I can-
not be admitted to him. Nilmony * has feeri
him, and finds him fomewhat better, though
very weak. Laft night he was fo much al-
* Mr. Francis's Sircar, a Bramin,
tered,
tcred, that I really thought him almoft in ex-
tremities fo did Tolfrey. Upon a late repre-
fentation to the Judges, fome time after the ap-
plication made by me, they gave directions
for his having this indulgence. It is, I find,
to appear as the fole act of the Jailor, to avoid
precedents. The authority was not given to
me ; and, upon my return to town, at mid-
night, I found the Raja informed, and orders
given for all the different preparations. You
fee how little ihare I have in it. I thinl;
I fhould not be quoted ; I will give you fome
icafons, with the particulars at large, at
dinner,
I am ever faithfully,
Yours,
A. M.
M No.V.
No. V.
Copy of a Letter from Mubbaric O'Dowlah,
SubaJodar of Bengal, to the Governor General
and Council, received 27 tb June, 1775*.
If feveral tranfactions of former times are to
be tried by the Act lately tranfmitted from the
King of Great Britain, it will occafion trouble
and ruin to the inhabitants of this country.
The affair of Maha Rajah Nundcomar, which
is now before the Court, is really hard and
rigorous ; for, fliould the crime of which he
is accufed, be proved againfl him in the faid
Court, the- ciiftom of this country does not
make it deferving of capital punilhment : nor,
as I am informed, was life formerly forfeited
for it in your country; that has only been
common for a few years pail. The Maha
Rajah has tranfacted affairs of the greateft im-
portance. When Meer CorTim Ally Khan had
taken the refolution to ruin and expel the
Englifh, the Maha Rajah, in particular, exerted
himfelf to the utmofl, with my father, in fup-
plying them with grain and money for the ufe
* Page 583.
Of
( 83 )
.of their troops. The fervices of the Maha
Rajah on this occafion are well known to the
King of Hindoftan ; certainly he never could
have committed fo contemptible a crime.
People employed in important affairs will un-
doubtedly have many enemies ; and thofe, who
have been active in the affair of Nundcomar,
have long been his declared foes. Taking
therefore into confideration the welfare of the
people, I beg in particular, with refped: to
this affair, that the Rajah's execution may be
fufpended till the pleafure of his Majefty, the
King of England, (hall be known.
RESOLVED,
That a Copy of this tranflatiori be tranf-
mitted with the following Letter to the Chief
Juftice and Judges of the Supreme Court of
Judicature*
To Sir Elijah Impey, Chief Jufiice, Robert
Chambers, S. C. Lemahtre, and J. Hyde,
Judges of the Supreme Court of Judicature.
GENTLEMEN,
We have this inftant received a letter from
his Excellency, the Nabob Mubbarick
O'Dowlah, Muttuwanum ul Mulluk, Ferofe
Jung Bahader, through the hands of Roy
M 2 Rada
.( 84 )
Rada Churn, his public Vakeel, containing
an interceflion in behalf of Maha Rajah
Nundcomar; we conceive it to be regular in
this Board to tranfmit it to you, and of which
we fhall inform the Nabob.
We are, &c.
( Signed) WARREN HASTINGS,
J. CLAVERING,
GEO. MONSON,
Fort William, RICH. HARWELL,
une, 1775. P.FRANCIS.
No. VI.
Extraft of Secret Confultatiorts. fort
May i6tb 1775*.
General Clavering. "I requefl the favour of
" the Governor General that he, as one of his
" Majefty's Juftices of the Peace, will be
* pleafed to receive my affidavit, that either
" in my corporate capacity as a Member of the
* Page 565.
" Board
ct Board, or as an individual, I never conceiv-
" ed any intention, nor ever heard of fuch
" an intention, fuggefted to me by any body,
" that the Maha Rajah Nundcomar was to be
" delivered by force from the confinement he
" is in. I think it neceflary to make this affi-
" davit, becaufe I find in a letter, addrefled
" to the Governor General and Council, by
" Sir Elijah Impey, the Chief Juftice of the
" Supreme Court of Judicature, a paragraph,
" in which he mentions, that he, the Chief
" Juftice, was induced, contrary to his belief,
" to make the application to the Board upon
" the 9th inftant, that the Governor General
" and Council (hould acquaint Maha Rajah
" Nundcomar to apply dire&ly to the Judges
' inftead of his applying to them, as there were
f( reports, publicly circulated in the town,
'* that, if the Judges could not be prevailed
" upon to releafe Maha Rajah Nundcomar,
** he would be delivered by force ; and fur*
" ther I defire to declare, that I never heard
" of fuch a report till I read it in Sir Elijah
" Impey's letter."
Governor General. " I beg leave to fubmit
tf it to the confideration of the General, whe-
** ther, on a reviewnl of the words, made ufe
c of
( 86 )
*' of by the Chief Juftice in his letter, there is
(C a neceffity for his giving a mere rumour fo
" much confequence, as to take and enter
" upon the public records a folemn oath for
" the refutation of it; I am morally certainj
Sf that neither the Chief Juftice, nor any other
" reafonable perfon could entertain the mofl
" diftant fufpicion of an intention in the Gene-
" ral, or any other Member of this Board, to
" commit fo flagrant an outrage on the laws of
" their country, as to attempt to refcue by
" force a man committed to gaol under a legal
" authority .-"-I do not underftand the words of
" the Chief Juflice's letter as expreffing more
" than a mere popular opinion, which is often
" known to prevail without foundation, and
" however improbable, to operate to the pro-
" duiftion of the worft confequences. I have
" heard of many reports faid to be circulated by
" Nundcomar, or his dependants, but I have
" paid fo little attention to them, that I really
" cannot recollect any of the purport here al-
" luded to ; but do not think it neceffary my-
" felf to follow the General in the affidavit
" propofed to be taken by him, if he mall
tf ftill adhere to his firft declaration, for the
" refutation of a charge, which 1 think can
" nei-
'* neither light upon myfelf, nor any other
" Member of the Council."
General Cluvcring. " I conceive that a de-
" claraiion, fimilar to that which I have
" made, isabfolutely necefTary forthejuftifica-
'* don of each Member of this Government;
" becaufe the report of an attempt to deliver
" by force the Maha Rajah is made the ground,
" which Sir Elijah Impey acquaints the Board
" he had for his application to us to direcl:
" Maha Rajah Nundcomar to apply for relief
" henceforward to the Judges, and not to the
** Council. By making this propofition^ I
" do not conceive myfelf more implicated in
'* the charge brought (as it feeais to me)
" againft the Government, that any other
ce Member of it ; but in times, when people
" make a trade of informations, I think MA
tf man can be fafe from the danger, attending up-
'* on them, efpecially when reports, which are
" credited by a Chief Juftice (notwithftanding
" his declaration to the contrary) might, in
" fuch fufpicious times, be eafily converted
" into a criminal accufation. It is for thefe
: * reafons, that I defired that my own affidavit
" might be taken, and I could wifh that the
'
( 88 )
** fame folemnity might be obferved by every
" Member of the Board."
Colonel Monfon. " From the letter of Sir
" Elijah Impey now before the Board, in
" which there are infmuations, which may
" poffibly be interpreted to my prejudice and
" difadvantage, I requefl that my affidavit
" may be taken, that I never had an intention
** either in my public or private character, to
" ufe any force to releafe Maha Rajah Nund^
" comar from his confinement by the Juftices
*' of the Peace ; nor did I ever hear, that fuch
" a rumour prevailed in the town of Calcutta,
" until I was informed of it by the Chief Juf-
" tice's letter."
Mr. Francis. " I beg leave to declare upon
" oath, that, until I fa w the letter from Sir
" Elijah Impey, I never heard of the report
" mentioned therein ; and that I do not be-
" lieve that an intention, to deliver the Maha
" Rajah Nundcomar by force from his con^
" finement, was ever thought of by any Mem-
" ber of this Board.
Fort William , May i6tb, 1775*
" Whereas it has been afferted by Sir Eli-
** jah Impey, in a letter, written by him to
" the Governor General and Council, on the
" 1 5th
( 9 )
" 1 5th infant, that reports had been publicly
" circulated in this town, that, if the Judges
" could not be prevailed upon to releafe the
" Maha Rajah Nundcomar, he would be de-
** livered by force ; we hereby moil folemnly
** declare, that we never ourfelves conceived
" fuch an intention, nor ever heard of fuch a
" defign in any Member of the Government,
ff or by any body elfe; nor did we ever hear
" mention of fuch a reporr, tfll we read it
t in Sir Elijah Impey's letter above-menti-
" oned."
(Signed) JOHN CLAVERJNG,
GEORGE MONSON.
PHILIP FRANCIS.
Sworn before me,
(Signed) " WARREN HASTINGS."
" Tbt Governor Gourd has declined giving
" in the affidavit, as deeming it unneceflary,
" but declares his entire conviction and affu-
" ranee, that no Member of this Board ever
" conceived an intention of ufing force for the
4 * releafe of Maha Raja Nundcomar from hi*
t imprifonment."
Governor GeweraL " Having already de-
( .ared that I thought it unneceflary to take
N "the
( 90 )
" the affidavit, which has been propofed, I
* e ihall content myfelf with the declaration,
" contained in the preceding Minute, at the
" fame time deeming myfelf under the like
(f obligation to adhere to the flric~t line of
* e truth, in every declaration made by me
<e upon record, as if I was under the tie of an
" oath."
No. VIL
Tranftation of Nundcomar's Petition, which was
laid before the Governor General and Council,
by Sir John Clavering, i^th Auguft, 17755
and prefented to the Houfe of Commons by
Sir Elijah Impey, on the 8tb February,
1788,
70 the Governor General and Council.
Within thefe three Soubahs of Bengal,
Bahar, and OrifTa, the manner in which I
have lived, and the honor and credit which I
have poffeffed*: formerly the Nazims of all
* Something wanting here to compleat the fenfe.
thefo
< 9' )
thefe Souhabs afforded attention and aid to
my good name; and from the prefence of
the King of Hindofian I received munfib of
five thonfand, and from the beginning of the
Company's adminifrration, in confederation of
my good wifhes to the King, the Gentlemen
who had the direction of affairs at this place,
and at this time the Governor, Mr. Haffings,
who is at the head of affairs, did hold, and do
hold me in refpect ; never did any lofs to the
State, or oppreffion of die Ryots proceed from
me : at this time, for the fault of reprefenring
a juft feft, which, for the intereft of the King,
and the relief of the people, I in a (mall de*
cree p 1 ^** known, many l**.ngli(Vi gentlemen
have become my enemies; and having no
other means to conceal their own actions,
deeming my defirucrion of the utmoft expe-
diency for themfelves, revived an old affair
cfMih-n Pe-r-d. wticft hid fcnntriy b~n
repeatedly found to be falfe ; and the Gover-
nor knowing Mohun Periaud to be a notorious
Ear, turned him out of his houfe, and them-
felves becoming his aiders and abettors ; and
Lord Impey, and the other Judges have tried
me by the Englifh laws, which are contrary to
the cufloms of this Country, in which there
N * was
( 9* )
was never any fuch adminiftration of jufticsr
before, and taking the evidence of my ene-
mies in proof of my crime, have condemned
itie to death : But by my death the King's
juftice will let the actions of no perfon remain
concealed. And now, that the hour of death
approaches, I (hall not, for the fake of this
world, be regardlefs of the next, but repre-
fent the truth to the Gentlemen of the Council.
The forgery of the bond of which I am ac-
cufed, never proceeded from me. Many prin-
cipal people of this country, who were ac-
quainted with my honefty, frequently re-
quefted of the Judges to fufpend my execu-
tion till the King's pleafure fliould be known ;
but this they refufed, and unjuftly take away
my life. For God's fake, Gentlemen of the
Council, you who are juft, and whofe words
are truth, let not me undergo this injury,
but wait for the King's pleafure. If I am un-
juftly put to death, I will, with my family,
demand juftice in the next life. They put me
to death out of enmity and partiality to the
Gentlemen who have betrayed their truft ; and
in this cafe, the thread of life being. cut, I in
my laft moment again requeft, that you,
Gentlemen, will write my cafe particularly to
tha
( 93 )
Ac juft King of England.--! fufler, but mf
innocence will certainly be made known
to him.
No. VHL
is the retain of Mr. Mackraby,
the Sbcrif.
Hearing that fome perfoos had fuppofed
Maha Raja Nundoxnar would matr an addrefs
to the p^npl** ox his cTccutiOii, I have committed
to writing the following Minutes of what pafled
both on that occafioo, and aHb upon my
paying him a vifit in prifon the preceding
evening, while both are frefh in my remem-
brance.
Friday evening, the 4th of Auguft, upon
my entering his apartment in the goal, he
aroie and fitliMTp*! me in his ufual ""ffTfr^
After we were both feared, he fpoke with great
Cafe and filch imrnmmni myonrrrn^ that X
really doubted whether he was fenfible of his
approaching fate ; I therefore bid the
prefer inform him, that I was come to
him
him this laft mark of refpect, and to afiure hifH
that every attention mould be given the next
morning which could afford him comfort on
fo melancholy an occafion ; that I Was deeply
concerned that the duties of my office made
toe of neceflity a party in it, but that I would
attend to the laft, to fee that every defire hd
had mould be gratified ; that his own pallan-
keen and his own fervants Ihould attend him,
and that fuch of his friends, who I underftood
were to be prefent, fliould be protected. He
replied, that he was obliged to me for
this vifit, that he thanked me for all my
favours, and intreated me to continue it to his
family ; that fate was not to be refitted, and
put his finger to his forehead, " God's will
fe muft be done." He defired I would pre-
fent his refpects and compliments to the
* General, Colonel Monfon, and Mr. Fran-
cis, and pray for their protection of -f- Rajah
Gourdafs ; that they would pleafe to look
upon him now as the head of the Bramins.
His compofure was wonderful ; not a figh
dcaped him, nor the fmalleft alteration of
* The General, Sir John Clavering.
f Rajah Gourdafs, his fon.
voice
( 91 )
voice or countenance, though I undcrftood
he had not many hours before taken a foiemn
and affedonate leave of his fon-in-law Roy
Radichurn. I found myfdf fo much fecond
to him in firmnefs, that 1 could flay no longer.
Going down flairs, the jailor informed me,
that fince the departure of his friends, he had
been writing notes and looking at accounts ia
his ufual way. I began now to apprehend
that he had taken his refolution, and fully
expected that he would be found dead in the
morning ; but on Saturday the 5th, at feven,
I was informed that every thing was in readi-
nefs at the goal for the execution. I came
there about half an hour paft feven ; the
bowlings and lamentations of the poor
wretched people who were taking their laft
leave of him is not to be defcribed. I have
hardly recovered the firfl: fliock while I write
this, above three hours afterwards. As fooa
as he heard I was arrived, he came down into
the yard, and joined me in the jailor's apart-
ment. There was no lingering about him,
go affected delay; he came chearfully into
the room, made the ufual falam, but would
pot fit till I took a chair near him. Seeing
fcmebody, J forget who, look at a watch,
he
< 96 )
got up, and faid he was ready, and imme-
diately turning to three Brainins, who were to
attend and take care of his body, he embraced
them all clofely, but without the leaft mark
of melancholy or depreffion on his part, while
they were in agonies of grief and defpair. I
then looked at my own watch, told him the
hour I had mentioned was not arrived, that it
wanted above a quarter of eight, but that I
Ihould wait his own time, and that I would
not rife from my feat without a motion from
him. Upon its being recommended to him,
that, at the place of execution, he would give
fome fignal when he had done with this world,
he faid he would fpeak. We fat about a
quarter of an hour longer, during which ho
addrefTed himfelf more than once to me;
mentioned Rajah Gourdafs, the General, Colo-
nel Monfon, and Mr. Francis, but without
any feeming anxiety ; the reft of the time, I
believe he pafled in prayer ; his lips and tongue
moving, and his beads hanging upon his hand.
He then looked to me and arofe, fpoke to fome
of the fervants of the goal, telling them that
any thing he might have omitted Rajah Gour-
dafs would take care of, then walked c hear-
fully to the gate, and feated himfelf in his
pallan-
( 97 )
pallankeen, looking round him with perfed
unconcern. As the Deputy Sheriff and I
followed, we could make no obfervation upon
his deportment till we all arrived at the place
of execution. The croud there was very
great, but not the leaft appearance of a riot.
The Rajah fat in his pallankeen upon the
bearers' Ihoulders, and looked around at firft
with fome attention. I did not oblerve the
fmalleft difcompofure in his countenance or
manner, at fight of the gallows or any of the
ceremonies pamng about it. He aiked for the
Bramins, who were not come up, and (hewed
fome earaeftnefs, as if he apprehended the
execution might take place before their arrival.
I took that opportunity of affuring him, I
would wait his own time, " it was early in the
" day, and there was no hurry ." The Bra-
dins loon after appearing, I offered to remove
the officers, thinking that he might have
fomething to fay in private, but he made a
motion not to do it, and faid he had only a
few words to remind them, of what he had
faid concerning Rajah Gourdafs, and the care
of his * Zenana. He fpoke to me, and de-
* Zenana. Properly the apartments of the women;
meaning here, in the feafe of a Bramln who docs not ad-
Kit of pol/gaajr, hi* wife and children.
O fired
( 98 )
fired that the men might be taken care of,
as they were to take charge of his body, which
he deiired repeatedly might not be touched
by any of the bye-ilanders ; but he feemed not
the leaft alarmed or difcompoied at the croud
around him. There was fome delay in the
neceffary preparations, and from the awkward-
nefs of the people ; but he was no way defirous
of protrading the bufinefs, but repeatedly told
me he was ready; Upon my afking him if
he had any more friends he wiflied ta fee, he
anfwered he had many, but this was not a
place, nor an occafiori to look for them.
*' Did he apprehend there might be any prc*
" fent, who could not get up for the crowd r"
He mentioned one, vvhofe name was called ;
but he immediately faid, it was of no confe-
quenee, * probably he had not come." He
then defired me to remember him to General
Clavering, Colonel Monfon, and Mr. Francis,
and looked with the greateft compofure.
When he was not engaged in converfation, he
lay back in his pallankeen, moving his lips
and tongue as before. I then cauied him to
be aiked about the fignal he was to make,
which could not be done by fpeaking, on ac-
count of the noife of the croud. He faid he
would make a motion with hii hand j and,
when
( 99 ?
when it was reprefentcd to him that it would
be necefiary for his hands to be tied, in order
to prevent arty involuntary motion, and I re-
commended his making a motion with his
feet, he faid he would. Nothing now re-
mained, except the laft painful ceremony.
I ordered his pallankeen to be brought clofe
under the gallows, but he chofe to walk,
which he did more erect than I have generally
feen him. At the foot of the fteps, which lead
to the ftage, he put his hands behind him to
be tied with a handkerchief; looking round
at the fame time, with the utmoft unconcern.
Some difficulties arifing about the cloth, which
Ihould be tied over his face, he told the people
that it muft not be done by one of us. I pre-
fented to him a fubaltern feapoy officer, who
is a Bramin, and came forward with his hand-
kerchief in his hand, but the Rajah pointed to
a fervaut of his own, who was laying proflrate
at his feet, and beckoned him to do it. He
had fome weaknefs in his feet, which, added
to the confinement of his hands, made him,
mount the fteps with difficulty, but he mewed
not the leaft reluctance, fcrambling rather for-
ward to get up. He then flood erect on the
ftage, whilft I examined his countenance as
O 2 fted-
( 100 )
ftedfaftly as I could, till the cloth covered it,
to fee if I could obferve the fmalleil fymp-
tom of fear or alarm, but there was not a
trace of it. My own fpirits funk, and I
ftepped into my pallankeen ; but before I was
well feated, he had given the fignal, and the
flage was removed. I could obferve, when I
was a little recovered, that his arms lay back
in the fame pofition in which I faw them
firft tied, nor could I perceive any contortion
on that fide of his mouth and face which were
vifible. In a word, his fteadinefs, compo-
fure, and refolution throughout the whole of
this melancholy tranfaction, were equal to any
examples of fortitude I have ever read or
heard of. The body was taken down, after
hanging the ufual time, and delivered to the
Bramins for burning.
FINIS.
UNIVERSITY OF CALIFORNIA LIBRARY
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oyfte.-- by
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A 000017748 5
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