§ Mr. Paullgave notice that, on the 10th of June, he would move the consideration of the Oude charge. The speaker observed, that it was his duty to say, that the 18th of June had already been appointed for that purpose; and though an order might be postponed, it could not, according to the practice of the house, be accelerated. Mr. Paull said, that the house had not been brought into this dilemma by him.
§ Mr. Foxrequested the speaker to read the question again: and, having heard it, said, that the thing was impossible: an order might be postponed, but not accelerated; and he did not know what the hon. gent. meant.
§ Sir Arthur Wellesleysaid that, as the 519 noble lord was not in the house, who moved the consideration of the charge on the 18th, he would propose, that the hon. gent. should, in the mean time, call his witnesses, and examine them at the bar.
§ Mr. Foxsaid, that the 18th had already been fixed upon; but the hon. gent. might move, that his witnesses should attend on the 18th.
§ Sir Arthur Wellesleyobserved, that the noble lord, who proposed the 18th, did it with a view to have a decision on that day. For his part, he only wished to have a decision this session. The hon. gent. might call his evidence on the 10th, if consistent with the orders of the house; and it might be considered on the 18th. He hoped, at all events, that the matter would not be delayed beyond the present session.
§ Mr. Foxobserved that, whatever might be the wishes of the hon. general, they could not supersede the established rules of the house. Evidence might be laid on the table; but oral evidence could only be taken when the subject was under consideration. The order then was, to consider it further and further, as there should appear occasion. Though the hon. gent. moved that his witnesses should be called on the 18th; yet it was not to be understood, that they were therefore to be heard. He concluded by declaring, that though the forms of the house could not be violated, yet that every facility ought to be given to the business, that the time of the house, and the interests of substantial justice, would allow.
§ Mr. Paullsaid, that no one had ever, in a similar situation, proceeded so rapidly as he had done. There should be no delay on his part.
§ Mr. Franciswished to know whether the hearing of evidence was equivalent to the taking a thing into consideration? If printed evidence was received before the period of entering upon the consideration of a subject, why should not oral evidence? If we could get over this difficulty, the evidence might be heard in the mean time.
§ Mr. Foxreplied that, by the forms of the house, oral evidence could not be received, except when a subject was under consideration, and this was the case: he apprehended, for these, among other reasons, that proper limits might be set to the evidence, and that the members might have it as fresh as possible in their recollection.
§ Mr. Paullthen moved, that the fol- 520 lowing gentlemen be ordered to attend the house on the 18th, viz. lord Teignmouth, general sir Alured Clarke, gen. sir J. Craig, lieut. col. Edward Baynes, major-general St. Leger, col. Alex. Kidd, and H. Strachey, esq.
§ Sir Henry Stracheysaid, that Mr. Strachey was under orders for India; and that it would be hard, if he should be detained by order of the house.
§ Mr. Paullsaid, that this gentleman had been private secretary to the governor, during the transactions at Furruckabad and other places, and must, of course, be well acquainted with them. But he would still waive the order as to him, if it would occasion him any serious inconvenience; it being understood, however, that he was to attend, if he should not have quitted the country. Upon this, Mr. Strachey was struck out of the motion; which was then agreed to.