Monday, January 12th, 1807.

CONDUCT OF LORD WEL

LESLEY.

Lord Folkestone gave notice of his intention to move, on that day fortnight, for the re-printing of certain papers, which had been printed last session, relative to the Oude charge exhibited against Marquis Wellesley.

Lord Howick expressed a wish to know from the noble lord, with what view he proposed to bring forward the motion of which he bad given notice, and what was the nature of the measure he meant to found upon the papers to which his notice referred?

Lord Folkestone replied, that his motion would refer to the re-printing of the several papers connected with the Oude charge; namely, numbers 3, 4, and 5. With respect to any subsequent proceeding, he believed that none was likely to be taken for some time. The house was aware that the honourable gentleman (Mr. Paull) with whom this business originated was now a petitioner, and until that petition was decided, it was not

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intended to ground any measure upon the papers to which this notice related. But yet, to prevent any delay hereafter, it was thought expedient that documents should be fully before the house, in order that, if the hon. gent. already alluded to should be in a situation to prosecute, this important inquiry, he might be enabled to proceed at once, unimpeded by the procrastination which the printing of papers upon this subject had so often produced in the course of the last parliament; and in order also that if Mr. Paull should not be in a situation to follow up this business, he himself, (Lord Folkestone) or some more competent person, might be furnished with the means of proceeding upon it. The noble lord concluded with expressing a belief that he had fully replied to the enquiry of the noble secretary of state, and expressed a readiness to afford any further information. in his power upon the subject.

Lord Howick apprehended that the reason stated by the noble lord could not be considered a sufficient parliamentary ground for the proposition he professed to have in view. SA

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It did, indeed, appear to him quite without precedent to make a motion for the production and printing of certain papers upon which the mover did not state that any direct proceeding was to be instituted, but merely upon the chance that another gentleman, not a member of that house, might ground some proceeding upon them. This, how ever, he felt was not the proper time to argue the question; but he could not help observing, that the course proposed must be attended with extreme hardship to the party concerned in the case to which the notice referred. For that house was called on to promote the circulation of the most severe attacks upon the character of the noble person alluded to. The effects of, such publications were easily to be estimated, and he would submit whether, in fairness, they could be acceded to, without any precise statement that a parliamentary ineasure would be founded upon them, or without any definition of the statement of such measures. The noble mover did not say that any farther parliamentary proceeding would be taken upon those papers; but merely that it might; and really he could not think that a sufficient ground for the noble lord's intended

motion.

Lord Folkestone was aware that this was not the proper time for any argument upon the subject; but he would, with the leave of the house, make a further reply to the noble secretary of state. The object of the motion of which he had given notice, could not fairly be supposed to involve any harshness towards Lord Wellesley, as the noble secretary of state stated, any farther than as it professed to facilitate the enquiry respecting that noble lord's conduct. But the noble secretary

of state seemed to imagine, that there was some probability the enquiry might be relinquished, and that, therefore, the documents his motion would relate to, might not be necessary. Of this, however, he could assure the noble secretary, that the enquiry would certainly be persisted in; for if no other person should offer, he pledged himself, if a member of parliament, to follow it up. The papers he had described were laid before the house last session, and, therefore, there could be no objection to their being re-printed, particularly as the enquiry would be proceeded in. Indeed, if the hon. gent.,who originally brought it forward should not be enabled, by his presence in that house, to prosecute it, he would, rather than let it drop, take it up himself. Those papers would not, therefore, be suffered to lie dormant on the table. It was for no such purpose he intended to move for them. They were, indeed, already in the hands of the greater part of the members, and in general circulation; but, in order to satisfy the forms of the house, it was necessary to have them again laid on the table, and re-printed, before any parliamentary proceeding could be founded upon them. Whether his motion for this purpose should be agreed to or not, he could not guess. He did not, indeed, anticipate the opposition manifested by the noble secretary. But, whether that opposition should be persisted in be persisted in or not, whatever the fate of his motion might be, that motion would certainly be made, and the enquiry to which it related as certainly prosecuted.

the noble lord, (Folkestone) for the re-printing of part of the Oude papers, was disposed of, he should move for the re-printing of the whole papers, including the printed evidence. He would not pretend to anticipate the judgment of the house on the noble lord's motion. but justice to his noble relation, who was the ultimate object of it, demanded, that if the proposal for printing part of these papers should be acceded to, the rest ought to be circulated in the same manner.

JANUARY 26.

Lord Folkestone, in submitting the motion of which he had given notice to the house, begged to state the reasons upon which he founded that motion. Certain proceedings had been instituted in the last Parliament, founded on papers that had been laid before the house, preparatory to the impeachment of Marquis Wellesley; which proceedings had fallen to the ground by the dissolution of Parliament. The gen-, tleman who had instituted these proceedings, was not at present a member, though he was a petitioner to that house, with confident hopes of being seated in it. The object of this motion was, that the papers relating to the Oude charge, should be re-printed, and be laid on the table of the house as early as possible, as considerable delay had taken place last session on this head. This would be a convenience to all parties. When sufficient time should be allowed for the consideration of the papers, after they should be on the table, if the gentleman who had originally brought the consideration of the subject before the house, should not be a member, he should certainly bring forward the business himself. He thought it right, however, to state, that he did

not mean to push the question to an impeachment. Reserving to himself to reply to any objections that should be made to his motion, he moved, "That papers, laid before the house in the last session of the last parliament, numbered three, with its six supplements, and also the papers four and five be re-printed for the use of the house.

Lord Howick could have no objection to the motion. It must be the desire of the house that the noble lord should persevere in the business he had undertaken. He should, however, be glad that the noble lord would give the house some general idea of the line he meant to pursue upon the documents for which he moved, and inform the house whether he meant to bring forward any motion or the Mahratta and Carnatic questions.

Lord Folkestone was willing to give all the information in his power; wishing it, however, to be understood that he would not hold himself pledged by what he might now say. His purpose was, as far as his mind was made up, to prove a resolution or resolutions, expressive of the opinion of the house, as to the conduct of Lord Wellesley relative to the Nabob of Oude; but without moving for any impeachment, or criminal proceeding. With respect to the other charges against the noble lord, he felt a difficulty in answering the question of the noble secretary of state, because he had devoted much less of his attention to them, than to that to which his motion referred. As to the charge which related to the Carnatic, a right hon. gent. (Mr. Sheridan) stood pledged to support it, if taken up by any other person; and the opportunity of redeeming his pledge, would, he rather thought, be afforded him. Upon the subject of the Mahratta papers, § A 2

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he was disposed to think they unfolded some transactions which would form good ground for a charge. But, upon this point, he had formed no resolution, nor would he at present pledge himself to any other than the Oude charge. Sir John Anstruther thought it would be extremely satisfactory to the house, if the noble lord could answer more decidedly as to the course he meant to pursue, should the papers be granted; he also wished to know, how soon he proposed to make the motion that was to be grounded on the production of these papers.

Lord Folkestone found his difficulty increased instead of diminished, by his readiness to give the noble lord every explanation in his power upon the subject. All that he would pledge himself to was the Oude charge, and he supposed that, about a month or five weeks after the printing of the papers, he should be ready to make the motion. The Mahratta and Carnatic questions floated at present but loosely in his mind, and he was not prepared to say how he should act upon them.

Sir John Anstruther declared himself to be perfectly satisfied with this explanation, and allowed that the noble lord had answered with great fairness and candour, every thing which could be expected for him to answer.

Mr. Whitshed Keene considered, that it was for the honour of the house that the proceedings of the last session should not now be dropped.

Mr. Bankes wished for some further explanation. He considered the noble lord as acting as a substitute for Mr. Paull. If that gentleman should succeed in his petition (how probable or desirable

such an event would be, he should not say,) then the impeachment was not to go on; should he fail, then there was only to be resolutions of the house. He should always disapprove of impeachments for Indian offences, seeing that there was a competent jurisdiction appointed to try them by the act of 1784.

Mr. Sheridan said that the motion had his approbation, and he hoped that the noble lord would not consider his having declined to notice the allusion which he had thought proper to make to him as the effect of any disrespectful inattention. As to the pledge to which the noble lord alluded, had that noble lord been present, he might have heard him two or three times state, distinctly to the house, the reasons which had produced the delay he complained of, and also the grounds upon which he had brought forward this question. He, however, utterly denied that he had ever forfeited the slightest pledge upon this business. He defied any man ever to catch him tripping. that he had ever said, and the grounds upon which he acted, he was ready to repeat again and again, and upon that repetition he would confidently rest for the justification of his conduct. When ever

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that conduct was fairly represented and clearly understood, he would have no fear of censure. He was now prepared to declare, that if any other person, whoever that person might be, should bring forward the Carnatic question, he would most distinctly pledge himself to give that person his most zealous, active, and cordial assistance; and to exert as much of his humble ability in support of the motion, as if it had been

actually