e great oration of Sheridan on the
Oude charge.
When the debate was resumed, the tide ran so strongly against the
accused that his friends were coughed and scraped down. Pitt declared
himself for Sheridan's motion; and the question was carried by a hundred
and seventy-five votes against sixty-eight.
The Opposition, flushed with victory and strongly supported by the
public sympathy, proceeded to bring forward a succession of charges
relating chiefly to pecuniary transactions. The friends of Hastings were
discouraged, and, having now no hope of being able to avert an
impeachment, were not very strenuous in their exertions. At length the
House, having agreed to twenty articles of charge, directed Burke to go
before the Lords, and to impeach the late Governor-General of High
Crimes and Misdemeanors. Hastings was at the same time arrested by the
Sergeant-at-arms, and carried to the bar of the Peers.
The session was now within ten days of its close. It was, therefore,
impossible that any progress could be made in the trial till the next
year. Hastings was admitted to bail; and further proceedings were
postponed till the Houses should reassemble.
When Parliament met in the following winter, the Commons proceeded to
elect a committee for managing the impeachment. Burke stood at the head;
and with him were associated most of the leading members of the
Opposition. But when the name of Francis was read a fierce contention
arose. It was said that Francis and Hastings were notoriously on bad
terms, that they had been at feud during many years, that on one
occasion their mutual aversion had impelled them to seek each other's
lives, and that it would be improper and indelicate to select a private
enemy to be a public accuser. It was urged on the other side with great
force, particularly by Mr. Windham, that impartiality, though the first
duty of a judge, had never been reckoned among the qualities of an
advocate; that in the ordinary administration of criminal justice among
the English, the aggrieved party, the very last person who ought to be
admitted into the jury-box, is the prosecutor; that what was wanted in a
manager was, not that he should be free from bias, but that he should be
able, well informed, energetic, and active. The ability and information
of Francis were admitted; and the very animosity with which he was
reproached, whether a virtue or a vice, was at least a pledge for his
energy and activity. It seems diffi
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