HOUSE OF COMMONS,
Tuesday,
11
th December,
1787.
MR. FRANCIS.
MR. SPEAKER,
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 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
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 punishment 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
April 3, 1787.
one of the Secret Committee for
reparing the impeachment, and they resolved to impeach him
n the particular charge moved by me.
April 19, 1787. For the question 71; against it 55; total 123.
It is true, the House was not very full that day; many gentlemen, who now hear me, must have been absent. I shall, therefore, request your permission 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 Parliament 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 opposing him. Whatever may be thought of
my
character
no man, I believe, will attribute the conduct of my honorable 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 Monson. 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 himself perfectly well in the field. It was my lot to fall. A
the approach of death, which I thought inevitable, the affairs 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 consider 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
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 already 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 Committees 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 evidence or information necessary for the public service, when it was demanded of me by the authority of the House of Commons? 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 dishonorably, 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 consequences of obloquy, retaliation, and revenge, which a public prosecutor must encounter, but, which a secret skulking accuser 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 having 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 certainly occur to me as a doubt, on which I ought not to trust entirely to my own judgement. But, the honourable person whom I consulted, is no more, and for that reason I have hitherto been tender of mentioning his name. They, who 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 authority 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
General Burgoyne.
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 scruple, 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 object 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.
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 receive 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.