Trotter, in his own name, and subject to his sole control and disposition: all which conduct of the said Henry lord viscount Melville was contrary to the duty of his said office, a breach of the high trust reposed in him, and a violation of the laws and statutes of the realm.

Article Third.

That after the passing of the said act of parliament for better regulating the office of the treasurer of his majesty's navy, and after the said tenth day of January, one thousand seven hundred and eighty-six, and whilst the said Henry lord viscount Melville held and enjoyed the said office, large sums of money were from time to time issued and paid to the governor and company of the Bank of England, and placed on an account raised in the books of the said governor and company with the said Henry lord viscount Melville, intituled, "Right Honorable Henry Dundas, Act of Parliament New Account:" and the said Alexander Trotter, under and by virtue of the said authority from the said Henry lord viscount Melville, did, from the said tenth day of January, one thousand seven hundred and eighty-six, during all the time the said Henry lord viscount Melville afterwards continued to hold and enjoy the said office of treasurer of his majesty's navy, draw upon the said governor and company of the Bank of England for and on account of the monies so issued and paid to them, and placed to the said account so raised in their books, with the said Henry lord viscount Melville, as such treasurer as aforesaid: and the said Alexander Trotter did receive and take large sums of money so drawn by him from the said governor and company of the Bank of England as aforesaid.

That the said Henry lord viscount Melville did, after the said tenth day of Ja nuary one thousand seven hundred and eighty-six, fraudulently and illegally permit and suffer the said Alexander Trotter to place many of the said sums of money so drawn, received and taken by him from the governor and company of the Bank of England as aforesaid, in the hands of Messieurs Thomas Coutts and company, the private bankers of the said Alexander Trotter, in his own name and at his own disposal: and the said Alexander Trotter did thereupon, with the privity, by the connivance, and with the permission of the said Henry lord viscount Melville, apply and use the said last-mentioned sums of money, or great part thereof, for purposes of private advantage or interest, profit, and emolument; and did place the said sums of money, or a great part thereof, in the hands of the said Messieurs Coutts and company, mixed with

and undistinguished from the proper monies of the said Alexander Trotter, whereby the said last-mentioned sums of money were not only applied to and used for purposes of private advantage or interest, profit, and emolument, and for purposes other than navy services; but were also exposed to great risk of loss, and were withdrawn from the control and disposition of the treasurer of his majesty's navy and the said Henry lord viscount Melville, by so conniving at and permitting and suffering the public money to be withdrawn from the Bank of England, and used and applied in manner aforesaid, acted in breach of the great trust and confidence reposed in him, in violation of the said act of parliament made for regulating his said office, contrary to his duty and against the laws of this realm, and to the evil example of all persons entrusted in the great departments of the public service, with any control over the application and expenditure of the public money.

Article Fourth.

That after the said tenth day of January, one thousand seven hundred and eighty six, and whilst the said Henry lord viscount Melville held and enjoyed the said office of treasurer of his majesty's navy, the said Alexander Trotter did, with the privity, or by the connivance and permission of the said Henry lord viscount Melville, place sums of money, issued from his majesty's Exche quer unto the governor and company of the Bank of England, on account of the treasurer of his majesty's navy, and drawn, received, and taken, by him the said Alexander Trotter, from the governor and company of the Bank of England, in the hands of Mark Sprott and other persons, and did apply and use the same for purposes of private advantage or interest, profit and emolument, or for purposes other than navy services.

Article Fifth.

That after the said tenth day of January, one thousand seven hundred and eighty-six, and whilst the said Henry lord viscount Melville held and enjoyed the said office of treasurer of his majesty's navy, he the said Henry lord viscount Melville did fraudulently and illegally, for the purpose of advantage or interest to himself, or for acquiring or obtaining profit or emolument therefrom, or for some other corrupt and illegal purposes, and for purposes other than navy services, take and receive from the public money placed in his name at the Bank of England, as treasurer of his majesty's navy, the sum of ten thousand pounds, or some other large sum or sums of money, and

did fraudulently and illegally convert and apply the same to his own use, or to some other corrupt and illegal purposes: all which conduct of the said Henry lord viscount Melville was contrary to the duty of his said office, a breach of the high trust reposed in him, and a violation of the laws and statutes of this realm, and to the like evil example as aforesaid.

Article Sixth.

That after the said tenth day of January, one thousand seven hundred and eighty-six, and whilst the said Alexander Trotter so continued the paymaster of the said Henry lord viscount Melville as aforesaid, and with such privity, connivance, and permission as aforesaid, so applied and used the said sums of money, or great part thereof, for purposes of private advantage, profit, and emolument as aforesaid, the said Henry lord viscount Melville fraudulently concealing the illegal use and application of the same, did procure, obtain, and receive from the said Alexander Trotter, advances of several large sums of money, which were made to him the said Henry lord viscount Melville, by the said Alexander Trotter, in part from money so as aforesaid illegally drawn by him the said Alexander Trotter, from the governor and company of the Bank of England, and in part from sums of money so placed by the said Alexander Trotter in the hands of the said Messieurs Coutts and company as aforesaid, when mixed with and undistinguished from the proper monies of the said Alexander Trotter:

That during the time the said Alexander Trotter held and enjoyed the said office of paymaster to the said Henry lord viscount Melville as aforesaid, and whilst the said Henry lord viscount Melville held and enjoyed the said office of treasurer of his majesty's navy as aforesaid, he the said Alexander Trotter kept with the said Henry lord viscount Melville an account current, entered in certain books of account, containing entries of all the sums paid and received by the said Alexander Trotter on the account of the said Henry lord viscount Melville, and by agreement between the said Henry lord viscount Melville and the said Alexander Trotter, bearing date the eighteenth and twenty-third days of February, one thousand eight hundred and three, it is stated that they had either mutually delivered up to each other, or resolved and agreed mutually to cancel or destroy, all the vouchers or other memorandums and writings that at any time heretofore might have existed, passed, or been interchanged between them relative to the said accounts, and the different items

and articles of which the said accounts were composed or consisted: and the said books of account, containing the said account current, together with all vouchers, or other memorandums and writings, in the possession of the said Alexander Trotter, and also of the said Henry lord viscount Melville, relative thereto, were burnt and destroyed by the said Henry lord viscount Melville and Alexander Trotter: and the said stipulation contained in the said agreement for the said Henry lord viscount Melville and Alexander Trotter mutually delivering up to each other, or for mutually cancelling and destroying all the said vouchers, or other memorandums or writings relative to the said account, was so entered into; and the said books of account, vouchers, memorandums, and writings, were so burnt and destroyed, with a view to conceal and prevent the discovery of the several advances of money made by the said Alexander Trotter to the said Henry lord viscount Melville, and of the several accounts or considerations for or upon which the same were so advanced.

Article Seventh.

That amongst other advances of money so as aforesaid obtained and received by the said Henry lord viscount Melville, from the said Alexander Trotter, the said Henry lord viscount Melville did procure, obtain, and receive from the said Alexander Trotter, a sum of twenty-two thousand pounds, or some other large sum or sums of money, advanced by the said Alexander Trotter to the said Henry lord viscount Melville, without interest; part whereof was so advanced exclusively from public money so as aforesaid illegally drawn from the governor and company of the Bank of England by the said Alexander Trotter: and other part whereof was advanced from the said mixed fund, composed as well of public money so as aforesaid illegally drawn by the said Alexander Trotter from the governor and company of the Bank of England, and placed by him in the hands of the said Messieurs Coutts and company as aforesaid, as of the proper monies of the said Alexander Trotter, in the hands of the said Messieurs Coutts and company, which had been mixed therewith, and remained undistinguished therefrom; and for the purpose of more effectually concealing the said advances of money, the said books of account, vouchers, memorandums, and writings, were so as aforesaid burnt and destroyed.

Article Eighth.

That amongst other advances of money so as aforesaid, obtained and received by

the said Henry lord viscount Melville from the said Alexander Trotter, the said Henry lord viscount Melville did obtain and receive a sum of twenty-two thousand pounds, or some other large sum or sums of money advanced to him by the said Alexander Trotter: and for which it has been alleged by the said Henry lord viscount Melville, that he was to pay interest; and for the purpose of more effectually concealing the said last-mentioned advances of money, the said books of account, vouchers, memorandums, and writings, were so as aforesaid burnt and destroyed.

Article Ninth.

That during all or great part of the time the said Alexander Trotter held and enjoyed the said office of paymaster to the said Henry lord viscount Melville as aforesaid, and the said Henry lord viscount Melville held and enjoyed the said office of treasurer of his majesty's navy as aforesaid, he the said Alexander Trotter did gratuitously, and without salary or other pecuniary compensation, act in and transact the private business of the said Henry lord viscount Melville, as his agent, and was from time to time in advance for the said Henry lord viscount Melville in that respect to the amount of from ten thousand to twenty thousand pounds, or to some other great amount, and which advances were taken from the said sums of money so placed by the said Alexander Trotter in the hands of the said Messieurs Coutts and company, consisting in part of public money, drawn by him from the governor and company of the Bank of England as aforesaid, and in part of his own private monies mixed therewith, and undistinguished therefrom as aforesaid; by means whereof the said Henry lord viscount Melville did derive benefit and advantage from the aforesaid illegal acts of the said Alexander Trotter :

And the said Alexander Trotter did so gratuitously, and without salary, act in and transact the private business of the said Henry lord viscount Melville, and make him such advances of money as aforesaid, in consideration of the said Henry lord viscount Melville conniving at and permitting and suffering the said Alexander Trotter so as aforesaid to apply and make use of the said sums of public money so drawn by him from the Bank of England, and applied and appropriated for purposes of private advantage, or interest, profit, and emolument as aforesaid: and the said Alexander Trotter would not have been, and was well known to the said Henry lord viscount Melville not to have been able to make such advances of money to the said Henry lord viscount Melville as aforesaid, otherwise

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than from and by means of the said sums of public money so drawn by the said Alexander Trotter from the Bank of England, with the privity, connivance, and permission of the said Henry lord viscount Melville as aforesaid, and applied by the said Alexander Trotter for purposes of private advantage, interest, profit, and emolument all which proceedings and conduct of the said Henry lord viscount Melville were contrary to the duty of his said office, in breach of the great trust reposed in him, and in gross violation of the laws and statutes of this realm: and by all and every one of the aforesaid acts done and committed by him the said Henry lord viscount Melville, he was and is guilty of high crimes and misde

meanors.

And the said knights, citizens, and burgesses, by protestation, saving to themselves the liberty of exhibiting at any times hereafter any further articles, or further accusations or impeachment against the said Henry lord viscount Melville: and also of replying to the answers which he shall make unto the said articles or any of them, and of offering proof of all and every of the aforesaid articles, and of all and every other articles, impeachment, or accusation, which shall be exhibited by them as the case shall, according to the course of parliament, require, do pray that the said Henry lord viscount Melville may be put to answer the said crimes and misdemeanors, and that such proceedings, examinations, trials, and judgments may be thereupon had and given as are agreeable to law and justice.

The ANSWER of Henry Lord Viscount Melville to the Articles exhibited by the Knights, Citizens, and Burgesses, in Parliament assembled, in the Name of themselves and of all the Commons of the United Kingdom of Great Britain and Ireland, in maintenance of their Impeachment against him for high Crimes and Misdemeanors.

The said viscount, saving to himself all advantage of exception to the insufficiency of the said articles in point of law; and of not being prejudiced by any want of form in this his answer; and also all rights and privileges belonging to him as one of the peers of this realm; for answer to the said articles, saith, that he is in nowise guilty of all or any of the supposed crimes or misdemeanors, of what nature, kind or quality socver, by the said articles charged upon him, in manner and form as in and by the said articles is supposed; and this he is ready to prove as this right honourable House shall award; and he humbly submitteth himself, and the justice of his cause, to this

That Henry lord viscount Melville, after his majesty had by letters patent, bearing date the nineteenth day of August, one thousand seven hundred and eighty-two, given and granted unto him the office of treasurer of his majesty's navy, did on divers days and times between that day and the fifth day of January one thousand seven hundred and eighty-four, and also on divers days and times between the said fifth day of January, one thousand seven hundred and eighty-four, and the first day of January, one thousand seven hundred and eighty-six, take and receive from and out of the monies from time to time issued or paid to him as treasurer, or as ex-treasurer of his majesty's navy, from his majesty's Exchequer or some other sources, for naval services, divers large sums of money, amounting together to a large sum, to wit, twenty-seven thousand pounds, or thereabouts, and did fraudulently and illegally convert and apply the same to his own use, or to some other corrupt and illegal purposes, and to other purposes than those of the public naval services of this kingdom, to which alone the same was lawfully applicable; and did continue the said fraudulent and illegal conversion and application of divers of the said sums of money, after the passing of the act of parliament, for the better regulating the office of treasurer of his majesty's navy.

And the said knights, citizens, and burgesses, by protestation, saving to themselves the liberty of exhibiting at any times hereafter any further articles or further accusations of impeachment against the said Henry lord viscount Melville, and also of replying to the answers which he shall make unto the said articles, or any of them, and of offering proof of the aforesaid article, and of all and every other articles, impeachment, or accusation which shall be exhibited by them, as the case shall, according to the

course of parliament, require, do pray that the said Henry lord viscount Melville may be put to answer the said crimes and misdemeanors; and that such proceedings, examinations, trials, and judgments may be thereupon had and given as are agreeable to law and justice. The ANSWER of Henry Lord Viscount Melville to the further Article (being the Tenth), exhibited by the Knights, Citizens, and Burgesses, in Parliament assembled, in the name of themselves and of all the Commons of the United Kingdom of Great Britain and Ireland, in maintenance of their Impeachment against him for High Crimes and Mis

demeanors.

The said viscount, being called upon to answer the said further article, under circumstances of which no precedent is to be found in the Journals of parliament, feels it incumbent upon him to enter his humble protest against being bound by the law and custom of parliament, or the laws of the realm, to answer such further article; nevertheless the said viscount, confiding in the goodness of his cause, and the justice of this right honourable House, and saving to himself all advantage of exception to the insufficiency of the said further article in point of law, and of not being prejudiced by any want of form in this his answer; and also all rights and privileges belonging to him as one of the peers of this realm; for answer to the said further article saith, that he is in nowise guilty of the supposed crimes or misdemeanors by the said article charged upon him, in manner and form as by the same is supposed; and this he is ready to prove as this right honourable House shall award and he humbly submitteth himself, and the justice of his cause, to this right honourable House, and prayeth that he may be discharged of the premises, and be hence dismissed and acquitted of all the matters by the said further article untruly alleged against him.

THE REPLICATION.

MELVILLE.

The Commons having considered the answers of Henry lord viscount Melville to the articles of impeachment exhibited against him by the knights, citizens, and burgesses in parliament assembled, in the names of themselves and of all the Commons of the United Kingdom of Great Britain and Ireland, for replication to the said answers, do say,

That the said Henry lord viscount Melville is guilty of the high crimes and misdemeanors mentioned in the said articles, and that the said Commons are ready to prove the same.

Lord Chancellor.-My lords, the distance of this place from the bar is so great, that I must desire your lordships' leave to go down to the table for the convenience of hearing. Lords.-Ay, ay.

Then his lordship removed to the table. Lord Chancellor.-Gentlemen, managers for the Commons, you may now proceed.

Mr. Whitbread.-My lords, I am commanded to open to your lordships at once, all the articles of impeachment exhibited by the Commons of the United Kingdom against Henry lord viscount Melville, the defendant within your bar. And, my lords, this course is adopted as much, because (as your lordships will have perceived), the matters of charge are in themselves difficult of separation; as because those to whom the management of this cause has been entrusted, have determined that upon them shall rest no imputa tion whatever of delay.

My lords, I fear it will be necessary for me to enter into a long and fatiguing detail of perplexed accounts; to give a narrative of dry facts, which from their very notoriety are become uninteresting; and which are susceptible of no embellishment, even if he who addresses you, were ambitious of bestowing it upon them. But, my lords, I will neither delay nor offend your lordships by asking for your patient attention to the hearing of this case; because patience is indispensably necessary to the due administration of justice, and I know that I am now pleading before one of the most august tribunals in which justice has ever presided upon earth.-Neither will I waste much of your time in entreating your indulgence for the manifest deficiencies of him who addresses you. It shall be my endeavour to be perspicuous, and as concise as can be consistently with that perspicuity. My lords I have undertaken the task; and it shall be executed to the best of my ability. Not that I am insensible either to the situation in which I stand, or to the circumstances which surround me. I know that I fill a post, which has been but rarely occupied in the aunals of our history. I know that when it has been filled, it has been filled by the most eminent of the past and present day. I am duly inpressed with the magnificence of this scene. I know the strength, and remaining influence of the accused and, above all, I am perfectly acquainted with the ability and great legal ac quirements of those who are counsel for him, and therefore arrayed against us.-My lords, I know that, added to the common attainments which so extensive a knowledge and practice in their profession must have given them, they have peculiar experience in the sort of trial upon which we are now proceeding. For it so happens that they have both been engaged upon a trial of this nature:* and they have this singular advantage, that

The Impeachment of Warren IIastings. VOL. XXIX.

one has acted in support of, and the other against, a prosecution by impeachment. But, my lords, I will confess to you, that I am far from being appalled by that which I have stated; and if there were any thing of native vigor or energy in my mind, these are the circumstances which would call it forth.

My lords, I feel some gratification (not unmixed with the strongest emotions of anxiety and alarm, but neither unjust nor ungenerous, I trust) in the selection which has been made. I feel the weight of the cause which I have undertaken as it respects the public and the accused. But, my lords, when I look back to the day, the memorable day, on which the seeds of this trial were sown, I own I am proud that this hour is arrived; and more especially as we, the Commons, have an oppor tunity of knowing that by a singular felicity, when it was found the charges which had been urged against the noble viscount must be brought to an issue; this is the court before which, and your bar is the place where, the dearest friends and connexions of the noble defendant, by preference, chose that he should be tried-My lords, I exult in the splendor and publicity of the justice of my country. Nay, I think there is great cause to rejoice in the strength of the noble viscount, and in the powers of those who defend him; because, as it must be a most painful task for any just and generous mind, to plead against a weak, undefended, and defenceless wretch; and a just and generous tongue would falter in the execution of such an office; seeing what we now see before us, it becomes our duty to urge home every charge we feel to be true; for we know that no mistake of ours can go uncorrected, and we know that your lordships will allow, and that the learned counsel will take, every fair advantage for the noble defendant.

But, my lords, I trust, that whatever ardor I may feel to bring to an issue honourable to the Commons of the United Kingdom, that charge which they have exhibited, I shall not be betrayed into any intemperance of expression. My lords, truth delights in the language of temperance; and she makes her most forcible appeal in the accents of moderation: and I may be believed when I say, that I am as anxious to avoid the infliction of unnecessary wounds upon the noble defendant himself, much more upon those who are most near and dear to him, as I am eager to obtain a legal conviction upon that which I know to be moral guilt.

Neither, my lords, will I sin in the opposite extreme. I will not be betrayed, by an affectation of candor, into a dereliction of duty.I will speak only for that I love-I will speak for justice. If the party accused have done so, as we charge, his fault is double; for he came in on reformation, and having discovered the abuses of others. This I would say unto you if I were to die this hour, faults by mistaking-God forbid! that you should

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