§ Mr. Sheridanrose, pursuant to notice, to move that the 895 order for printing the charge, presented the preceding day against the marquis Wellesley, rescinded. It could not, in his mind, or in that of any fair reflecting man, be consistent with justice that a charge against that noble lord, or any other person, should be published to the world, under the authority of that house, merely upon the allegation of guilt, unaccompanied by any proof whatever. He did not wish to throw any impediment in the way of the hon. gent. with whom this charge originated, or to discourage impeachment; but he must observe, that the course pursued by the hon. gent. was the most singular that could be well imagined. This was the opinion which he delivered the preceding day, and he was not disposed to retract it. The hon. gent. had moved for volumes of papers respecting the conduct of lord Wellesley, most part of which had been already laid on the table, many of them delivered to the members in print—those relative to Oude, indeed, were now distributing at the door. Yet the hon. gent. chose to overlook all these papers, and to bring forward the charge before the house, with regard to which not one document was to be found on the table, or was ever moved for. Thus, strange to tell, the hon. gent, passed by the accusations; to substantiate which, he had been so long collecting evidence, and fixed upon One with regard to which he had not yet attempted to adduce any evidence whatever. But the hon. gent. pleaded as an excuse for this, that he was provoked by a noble lord (Temple) and another member, who were perpetually teazing him, as he stated, because he did nothing but move for papers, instead of bringing forward any charge. So far the hon. gent. seemed disposed to deal in a sort of repartee with the members of whom he complained, and therefore proposed a charge, with reference to which he had moved for no papers at all. The right hon. gent. did not mean it to be inferred from the motion he was about to submit, that he was in all Case adverse to the publication of a charge before trial, or that he had that objection to what were called ex parte statements, upon which the principle of a bill, lately introduced a learned serjeant (Best), seemed to rest. On the contrary, he was determined to oppose that bill in every stage of its progress.—Returning to the subject of his motion, the right hon. gent. observed, that it was highly material this 896 charge should be brought to issue soon as possible. But as that issue was not to he looked for, he felt that nothing should be allowed to go forth from that house accompaniad by the letters and extracts of dispatches from lord Cornwallis and others, of which no previous notice had been given, and which were calculated to prejudice the public mind upon the subject. He understood that several months would elapse before the documents to which the hon. gent. alluded the preceding day, could be prepared, and laid before the house. If so, it would not surely be consistent with justice to allow the publication of a paper that must unfairly operate against the accused. An objection was the preceding night started to his motion, on the ground that it was not calculated to produce the effect in view, as the charge under consideration would be published among the votes of the house, which were usually circulated among the members. But that statement he found, upon enquiry, to be erroneous, as this paper would be printed in the journals, which would not, of course he published. The hon. gent. in order to satisfy the house, would ask his right hon. friend near him (Mr. H. Addington), in what time the documents, on which the charge before the house professed to rest, could be got ready? The right hon. gent. concluded by moving "That the order made yesterday, for printing the Article of Charge of High Crimes and Misdemeanours against marquis Wellesley, be discharged.
§ Mr. H. Addingtonreplied, that to prepare the list of papers alluded to, would, he was sorry to say, require a considerable time. This he was. enabled to state from his experience respecting other papers of a similar nature; and he was sorry for the delay, because it was highly desirable, that the whole of this case should he disposed of with all convenient expedition. He was sure, that every member must sympathize in the feelings of lord Wellesley, in consequence of such suspence. Wishing, therefore, the speedy decision of the question, he regretted to say that the papers referred to by his right hon. friend could not be prepared in less than 2 or 3 months.
§ Mr. Paullbegged to state that the papers which referred to any of the charges he had it in contemplation to bring forward, were not completely before the house. Not one of those with regard to Bhurtpore or Surat were yet on the table, 897 although he moved for them between 3 and 4 months ago. There were other papers. between the production of which, and the order on his motion for them, not less than 10 months had elapsed. These circumstances he mentioned, merely to shew with what justice gentlemen could ascribe any delay to him. The charge which he brought forward the preceding day, evinced, clearly, that he was ready to answer the challenge of those who called for accusations, and he would prove that be could sustain them too, if the papers were granted to him for which he should apply. As soon as those papers should be before the house, he was resolved to follow up his charges; but if, in the course of his progress, he should from inexperience be betrayed into error, he hoped the house would feel that he stood there with but little assistance. As to the error which the right hon. mover alluded to, he had only to say that he acted according to the suggestion of the chair. With regard to the time necessary to prepare the papers connected with the charge before the house, he begged leave to observe, that the right hon. gent. who spoke last was not competent to speak to that point. He, in fact, was not likely to know any thing about them, for they were not in his department. They were all in the department of the directors of the India Company.
§ The Speaker ,in consequence of the hon. member having stated that he had taken the course he had adopted from a suggestion from the chair, feeling it necessary to stand right with the house, declared that he had but pointed out the manner in which the hon. member 'Could best accommodate his proceedings to the precedent of Mr. Hastings's case, which he professed to have in view.
Mr. W. Smithsaid, he had no opposition to the motion of his right hon. friend; he thought these charges should not appear before the public, because, as yet, there appeared no evidence to support them; and it was but justice to the character of the noble marquis, to withhold from the public, aspersions upon it, until there was sonic evidence to support them. Of that noble marquis, said the hon. gent. I know but little, I had a slight acquaintance with him before he left this country. I have had no correspondence with him while abroad; since his return I have not seen him. Of the hon. gent. who prefers these charges I know nothing, but that his 898 name is Paull, and that he sits in this house. With him I never exchanged a word, scarcely a look, yet I must declare I think he is entitled to a different treatment of this house from that of which I have been a witness. I do confess, I think that, as a member of this house, he is entitled to credit for having no other motive than a desire to serve the country by having public justice carried into effect. If this be his motive, I cannot but think that his reception, both in language and manner, was by no means consistent with the duty the house owes to its members. I cannot, however, help being of opinion, that the hon. gent.'s conduct is extremely impolitic and rash. If he has undertaken this business without any assistance, he is more rash than any one I ever knew. But if he has been assisted out of this house, and has been induced to bring this matter forward in the faith of having the same assistance in this house, I think not very highly of the courage of those who supported him in private, but who have now declined to come forward to avow that support in public. I have already said, that he appears to me not only rash, but also a little ignorant of the forms of the house; he has produced a charge in a manner not much to the credit of his experience, any more than to his prudence and discretion; but yet it was rather the business of the house to have led him on with kindness, rather than allow him to be treated in a manner I was very sorry to see. I know I have no right to recur to any particular expressions which fell last night. I wished to have an opportunity of alluding to particular expressions; but without alluding to them I do say, that in my opinion, if any servant of the India Co. who returns from India, supposes that he can fairly and justly charge another servant of the Company with having abused the trust reposed in him, and injured the interests of his employers, it is the duty of this house to give him countenance; he ought to be kindly treated, and not in such a manner as if be were a calumniator. If, on investigation, it shall be proved, that the hon. gent. has brought forward charges which he cannot make good, he will deserve, and no doubt receive, a very severe censure indeed; but till that is shewn, he is enti[...]ed to the candid and impartial attention and protection of the house.—The question was then put and carried.