HOUSE OF COMMONS, Tueſday, 11th December, 1787.
MR. FRANCIS.

Before I offer any thing to the conſideration of the Houſe [...] the preſent occaſion, I beg leave to return my very ſincere [...]nks,—not to my honourable friends near me, for that I am [...]rly unequal to, but to the two honourable gentlemen [...]o ſpoke firſt on the other ſide of the Houſe, for the candid, [...]en, and liberal manner, in which they have explained the [...]und of their oppoſition to the motion. They think, and [...]ey declare, that having had a duel with Mr. Haſtings, I [...]ght not to be employed in impeaching him. This is the [...]ſt time I ever heard the objection ſtated in a regular par⯑ [...]mentary way. I am indebted to them, therefore, not only [...] the fair and honourable terms in which they have ex⯑ [...]ſſed it, but even for the objection itſelf; becauſe it has re⯑ [...]ved me from great anxiety. I now underſtand what the [...]ection is, and what it is not:—it is a ſcruple that regards [...]oint of honor:—It is not an imputation:—It is not a re⯑ [...]ach. I have attended this debate, Sir, of which I knew I [...] to be the ſubject, very much againſt my inclination. It [...] not an eaſy ſituation; but I could not avoid it with pro⯑ [...]ety. I thought it would be proper and becoming in me [...] appear and be ready to anſwer or to explain any thing [...]ich, in the judgement of the Houſe, might call for expla⯑ [...]ion. Nothing of that kind having occurred, I ſhall not [...]e occaſion to ſolicit your attention for more than a few [...]utes. It has been formally and explicitly ſtated to you, [...] great authority, that the point in debate is not a queſtion [...]rgument, but of feeling. This is the avowed principle on [...]ich the motion is oppoſed. I do not mean to object to [...] ſtate of the queſtion, or to any other, on which any [...]tleman may chooſe to conſider it. Allow me only to ex⯑ [...]ſs my hopes, that gentlemen, who are ſo properly and ho⯑ [...]rably careful of their own feelings, will not confine [...]r attention to themſelves, but have ſome conſideration [...] tenderneſs for the feelings of others. The very care, [...] which they guard their own ſenſations, intitles me to [...]ect that they will be equally cautious of wounding the [...]or of an individual, to whom no offence is imputed.

[...]t would be a poor and uſeleſs affectation in me to pre⯑ [...] that I received the vote, which paſt a few days ago, [...] indifference, or indeed, without ſerious concern. I [2] could not but be ſenſible of the turn that would be given [...] it, and of the impreſſion it would probably make abroad [...] my diſadvantage. I could not ſee myſelf excluded fro [...] ſharing in the labours of my honorable friend, without loo [...] ⯑ing back to the ſituation, in which I was forced to aband [...] him, with the deepeſt regret. His abilities are equal to t [...] taſk he has undertaken, if any human abilities are equal [...] it. Of this heavy burthen he muſt now ſupport my ſhare [...] well as his own; yet, the labours, which had neceſſarily fall [...] to his lot, required no addition. In ſaying this, howev [...] or in any thing elſe which I may ſay to the ſame effect, [...] moſt earneſtly wiſh to guard myſelf againſt an obvious m [...] conſtruction. While I lament the conſequence of the v [...] that excludes me from any ſhare in the impeachment of M [...] Haſtings, let no man think it poſſible, that I mean to ſolic [...] the Houſe to alter their reſolution.—I deny and diſclaim t [...] intention, and deprecate the imputation of it.—Setting aſi [...] the ſingle conſideration of the aſſiſtance I owe to my hono [...] ⯑able friend, what can I deſire better for myſelf than to [...] excluded, without diſgrace, from any farther concern in t [...] toilſome, invidious, and moſt unthankful office? If I am a [...] ⯑tional creature, if I have not utterly loſt my underſtandi [...] what could I imagine more for my honor, for my advantag [...] and for my happineſs, than to be diſmiſſed by an act of pow [...] at this particular point of time, at this particular ſtage [...] the buſineſs, from any further ſhare in it? My object, as [...] as I had any perſonal object in the proſecution of Mr. Ha [...] ⯑ings, is accompliſhed. The Houſe have approved and co [...] ⯑firmed the principles of my oppoſition to him, and adopt [...] my opinion of his conduct. In condemning him they ha [...] acquitted me. The impeachment muſt go to trial. Thus [...] I have voluntarily and zealouſly taken part in the proce [...] ⯑tion of Mr. Haſtings, and thus far it has ſucceeded. So [...] men think that I have had a principal ſhare in this buſine [...] others are ready enough to affirm, that I am the ſole author [...] it all. The fact is, that in the face of a thouſand difficulti [...] our joint and common efforts have hitherto been reward [...] with ſucceſs. I am now diſcharged from the conduct of [...] cauſe, which, of my own accord undoubtedly, I ſhould nev [...] have abandoned. If it ſhould fail hereafter, I ſhall have n [...] ⯑thing to anſwer for. It will belong to others to anſwer [...] the event, if the event ſhould finally diſappoi [...] [...] expectation of juſtice. I have called the vote, by [...] [3] [...]ave been diſmiſſed, ſtrictly and excluſively an act of p [...]r. [...] cannot call it a prudential act, becauſe no motives of pru⯑ [...]ence were aſſigned for it. I cannot call it a judicial act, [...]ithout attacking the juſtice of the Houſe, and affronting [...]he honor of every individual who took part in it. To affirm, [...]r to ſuppoſe that this Houſe could intend to expreſs a cen⯑ [...]ure, in that cenſure to inflict a puniſhment, and in that pu⯑ [...]iſhment to convey a diſgrace, the ſevereſt of all puniſh⯑ment to an honorable mind;—without a hearing of parties; without a charge or defence; without evidence or inquiry—would be to accuſe this Houſe of a ſhameful violation of very principle of juſtice, and of totally forgetting their own [...]onor as well as mine.

I do not mean, Sir, to enter at all into the reaſons, which [...]ught to induce the Houſe to reject or agree to the preſent [...]otion. The arguments on one ſide have been ſtated with [...]nexampled eloquence and abilities, and nothing has been [...]ppoſed to them on the other. Whether the character of [...]nemy be incompatible with that of accuſer; whether it be, [...]r be not a wiſe principle, to endeavour to engage the paſ⯑ [...]ons of individuals on the ſide of juſtice; whether it be per⯑ [...]ectly clear that this Houſe, acting not merely for themſelves, [...]ut in a fiduciary capacity for all the Commons of Great [...]ritain, are warranted in laying aſide thoſe inſtruments [...]hich are moſt likely to act with vigor and activity in the [...]auſe of national juſtice, are queſtions, which I ſubmit—will not ſay with indifference, but with perfect reſignation, [...]o the judgement of the Houſe. At the ſame time, Sir, though [...] have no manner of anxiety about the concluſion, I ſhould [...]e regardleſs of the truth, and careleſs of my honour, if I [...]ffered the premiſes to be taken for granted. I deny that I [...]m, or ever was, the enemy of Mr. Haſtings, in that perſonal [...]nſe in which it is imputed to me. When I moved the re⯑ [...]enue charge, ſome months ago, the Houſe condeſcended to [...]ſten with attention to a ſhort narrative of all the tranſac⯑ [...]ons between me and Mr. Haſtings. I thought and was aſ⯑ [...]red that they were ſatisfied with my conduct. They [...]d already appointed me ^* one of the Secret Committee for [...]reparing the impeachment, and they reſolved to impeach him [...]n the particular charge moved by me.^† It is true, the Houſe [4] was not very full that day; many gentlemen, who now hear me, muſt have been abſent. I ſhall, therefore, requeſt your per⯑miſſion to repeat the ſubſtance of what I ſubmitted to you on that occaſion, without argument or detail. All I mean is to ſtate the facts briefly, and to leave the reſults from them to be determined by their impreſſion on the minds of every man of honour who hears me. I was appointed by Parlia⯑ment with Sir John Clavering and Colonel Monſon to a place in the government of Bengal in conjunction with Mr. Haſtings, whom we had never ſeen. We went to India prejudiced,—paſſionately prejudiced in his favour. Almoſt inſtantly after our arrival there we found reaſons to abandon the opinion we had formed of him, and inſtead of ſupporting we attacked him. At that moment at leaſt there could be no perſonal animoſity in us towards a man, who had never perſonally offended us. From the moment we knew him [...] our oppoſition to him began, and was continued by each o [...] us, without intermiſſion, as long as we had the power of op⯑poſing him. Whatever may be thought of my character [...] no man, I believe, will attribute the conduct of my honor⯑able colleagues to baſe, vindictive motives. This honorabl [...] Houſe, I am ſure, will never concur in any thing that offer [...] an indignity to the venerable names of Clavering and Mon⯑ſon. In the year 1780, a pacification took place between Mr Haſtings and me; the reaſons and purpoſes of which it i [...] unneceſſary to mention, as they are fully ſtated in the Reports of the Select Committee. Out of this pacification a differenc [...] between us unfortunately aroſe, which ended in a duel. O [...] the merits of the queſtion I ſay nothing. The language h [...] made uſe of, on the records of the council, obliged me to ſeek for reparation in point of honour, at the hazard of my life. It would be abſurd to call it revenge. The aggreſſo [...] in effect is the challenger, and meets his opponent on equa [...] terms. It is but juſtice to him to ſay, that he behaved him⯑ſelf perfectly well in the field. It was my lot to fall. A [...] the approach of death, which I thought inevitable, the af⯑fairs of this world in a moment loſt all their importance [...] the veil was removed; I thought of nothing then, but to d [...] in peace with all men, particularly with Mr. Haſtings. [...] called him to me, gave him my hand, and deſired him to con⯑ſider in what ſituation my death would leave him. By tha [...] action, and by thoſe words, undoubtedly I meant to declar [...] that I freely forgave him the inſult he had offered me, an [...] [5] the fatal conſequence which had attended it. I meant that we ſhould ſtand in the ſame relation to each other, as if the duel and the cauſe of it had never happened. But did I tell him, that if I ſurvived, I would renounce the whole plan and principle of my public life; that I would ceaſe to oppoſe his meaſures; that I would deſert the charges, which I had al⯑ready brought againſt him, or not proſecute him by public impeachment if I could? No, Sir, never; nor am I charged with it. If I had done ſo, I muſt have diſhonoured myſelf for ever, without a motive and without a compenſation. On my return to England, I found that a parliamentary inquiry into the late tranſactions in India was already begun, and I was almoſt immediately ordered to attend one of the Com⯑mittees employed upon that inquiry. Of thoſe gentlemen who think that I ought not to appear againſt Mr. Haſtings, I beg leave to aſk, [...]n what manner I ought to have acted? Could I, without treachery to the public, refuſe to give evi⯑dence or information neceſſary for the public ſervice, when it was demanded of me by the authority of the Houſe of Com⯑mons? or, in fact, was it in my power? Will any man affirm that I had an option? If not, the ſingle queſtion is, in what form and manner did it become me to appear and act as the accuſer of Mr. Haſtings? What, in the character of evidence only? Would that have been a part to which no enmity, no malice could have been imputed. Would it have been honorable in me to ſtand aloof or hide myſelf, while in fact I ſupplied the information, while I furniſhed the materials, and prompted the proſecution? or, am I thought to have acted diſhonora⯑bly, becauſe I declared myſelf the public reſponſible accuſer of Mr. Haſtings? becauſe I avowed my principles, becauſe I ſtood forward in the charge, and hazarded all thoſe conſe⯑quences of obloquy, retaliation, and revenge, which a public proſecutor muſt encounter, but, which a ſecret ſkulking ac⯑cuſer may very eaſily avoid? Theſe are queſtions, I truſt, which anſwer themſelves in the mind of every man of honor. Sir, I do not mean to ſay, that the circumſtance of my hav⯑ing had a duel with Mr. Haſtings never occurred to me as an objection, which poſſibly might have weight with others, though it appeared to me of no conſequence. It did cer⯑tainly occur to me as a doubt, on which I ought not to truſt entirely to my own judgement. But, the honourable per⯑ſon whom I conſulted, is no more, and for that reaſon I have hitherto been tender of mentioning his name. They, who [6] knew Sir William Draper, I am ſure will acknowledge that there could not be a ſtricter and more ſcrupulous judge of points of honor than he was. If it were poſſible to produce the opinion he gave me, in approbation of the conduct I have purſued, I ſhould look no farther. But there is an au⯑thority to the ſame effect, which I am able to produce, and which, though negative in its form, I doubt not will be deemed equivalent to any poſitive opinion whatever. I have now been engaged above two years in conſtant intercourſe and connection with twenty gentlemen of the firſt character in this kingdom, and in conſtant converſation with them on the ſubject of this impeachment; I mean particularly the gentlemen who compoſe the preſent Committee, as well as many others. I appeal to their teſtimony, I appeal ſpecially to the honourable General Officer ^‖ near me, whoſe opinion, I believe, will be allowed to be authority, not only to me, but to the world. Did any of theſe gentlemen ever, directly or indirectly, ſignify to me a doubt about the propriety of my conduct? If they did, I call upon them now to declare it. Is it a thing to be believed, that if they had felt a ſcru⯑ple, in point of honor, on this ſubject, they would never have expreſſed it to me, or that they would have acted with me, if I had known and diſregarded their opinion?

Thirteen years are now elapſed, ſince I firſt was connected in office with Mr. Haſtings. Six of them were waſted in India in perpetual conteſt with him. Seven years ago, I left him there in poſſeſſion of abſolute power. In all that time no charges have been produced againſt me. Yet, I think it cannot be ſaid that I have been particularly cautious not to provoke hoſtility, or that there is no diſpoſition any where to accuſe me. Surely, Sir, if accuſation is ever to come, it is high time it ſhould appear. If now, or at any other period, I ſhould be obliged to change place with Mr. Haſtings; if hereafter it ſhould be my lot to be accuſed, I ſhall aſſuredly never ob⯑ject to his being my proſecutor; for, though by removing a powerful, a well-informed, and, in the ſenſe of the preſent argument, an inveterate accuſer, I might provide for my ſafety, my honor would be loſt. Let thoſe gentlemen, who are truſted with the care of Mr. Haſtings's honor conſider what they are doing.

[7]I beg of gentlemen to obſerve, that in the preſent queſtion I am nothing but a paſſive inſtrument at the diſpoſal of the Houſe. If they think fit to employ me, I ſhall endeavour to execute their commands with induſtry and vigour; if not, I ſhall conſider it as the happieſt period at which I could re⯑ceive my diſmiſſion, and rejoice in the liberty, to which it will reſtore me, of turning my thoughts to ſome other object, of applying my faculties to ſome other occupation. That I ſhould ever be engaged in another ſervice, ſo vexatious, ſo laborious, ſo invidious, and ſo unprofitable, as this has been, I am ſure is impoſſible.

Mr. Francis left the Houſe as ſoon as he finiſhed his ſpeech.