House of Commons, Tuesday, 11th December, 1787. Mr. Francis. Mr. Speaker, before I offer any thing to the consideration of the House

HOUSE OF COMMONS, Tuesday, 11th 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 [*] 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 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 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 himself 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• 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 ‖ 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.

Notes

*
April 3, 1787.
↵

†
April 19, 1787. For the question 71; against it 55; total 123.
↵

‖
General Burgoyne.
↵

Information about this book

Title statement

House of Commons, Tuesday, 11th December, 1787. Mr. Francis. Mr. Speaker, before I offer any thing to the consideration of the House

Francis, Philip, Sir, 1740-1818.

Publication

Distributor

University of Oxford Text Archive
Oxford University Computing Services
13 Banbury Road
Oxford
OX2 6NN
ota@oucs.ox.ac.uk

ID [ota]

http://ota.ox.ac.uk/id/3331

ID [isbn10]

1106003306

ID [isbn13]

9781106003300

ID [TCP]

K001204.000

ID [BIBNO]

CW3305398306

ID [ECSS]

0099006000

Availability

Distributed by the University of Oxford under a Creative Commons Attribution-ShareAlike 3.0 Unported License

Source

— House of Commons, Tuesday, 11th December, 1787. Mr. Francis. Mr. Speaker, before I offer any thing to the consideration of the House, Francis, Philip, Sir, 1740-1818.. 7,[1]p. ; 8⁰. [London,. 1787]. [A speech on Warren Hastings.] [Drop-head title.] [Reproduction of original from the Harvard University Houghton Library.] [English Short Title Catalog, ESTCN1855.] [Electronic data. Farmington Hills, Mich. : Thomson Gale, 2003. Page image (PNG). Digitized image of the microfilm version produced in Woodbridge, CT by Research Publications, 1982-2002 (later known as Primary Source Microfilm, an imprint of the Gale Group).]

Creation

Created by converting TCP files to TEI P5 using tcp2p5.xsl, TEI @ Oxford.

Editorial practices

This electronic text file was keyed from page images and partially proofread for accuracy. Character capture and encoding have been done following the guidelines of the ECCO Text Creation Partnership, which correspond roughly to the recommendations found in Level 4 of the TEI in Libraries Guidelines. Digital page images are linked to the text file.