merit was given to Mr. Hastings for matters that were
not at all in the charge, and which would put us under
the greatest difficulties, if we were to take no notice
of them in our reply. For instance, his merits in the
Mahratta war, and a great mass of matter upon that
subject, were obliquely, and for other purposes, brought
before you, upon which they argued. That immense mass of
matter, containing an immense mass of principles, and
which was sometimes supported by alleged facts,
sometimes by none, they have opened and argued upon, as
matter relative to principle. In answer to their
argument, we propose to show the mischiefs that have
happened from the mischievous principles laid down by
Mr. Hastings, and the mischievous consequences of them.

If, however, after this explanation, your Lordships are
of opinion that we ought not to be allowed to take this
course, wishing to fall in with your Lordships'
sentiments, we shall abandon it. But we will remind your
Lordships that such things stand upon your records; that
they stand unanswered and admitted on your records; and
consequently they cannot be destroyed by any act of
ours, but by a renunciation of the charge, which
renunciation we cannot make, because the defendant has
clearly and fully admitted it to be founded in fact. We
cannot plead error; we cannot retract it. And why?
Because he has admitted it. We therefore only remind
your Lordships that the charge stands uncontradicted;
and that the observation we intended to make upon it was
to show your Lordships that the principles upon which he
defends all such conduct are totally false and
groundless. But though your Lordships should be of
opinion that we cannot press it, yet we cannot abandon
it; it is not in your power, it is not in our power, it
is not in his power to abandon that charge. You cannot
acquit him of that charge; it is impossible. If,
however, your Lordships, for the accommodation of
business, method of proceedings, or any circumstance of
that kind, wish we should say no more upon the subject,
we close the subject there. Your Lordships are in
possession both of the charge and the admission; and we
wish, and we cannot wish better than, to leave it as it
is upon the record.

The _Lord Chancellor_ here said,--The opinion of the