be well performed, must be methodized, separated, arranged, and harmonized in such a manner that they shall not clash with one another, but each have a department assigned and separated to itself.  My Lords, in that manner it is that we, the prosecutors, have nothing to do with the principles which are to guide the judgment, that we have nothing to do with the defence of the prisoner.  Your Lordships well know, that, when we come before you, you hear a party; that, when the accused come before you, you hear a party:  that it is for you to doubt, and wait till you come to the close, before you decide; that it is for us, the prosecutors, to have decided before we came here.  To act as prosecutors, we ought to have no doubt or hesitation, nothing trembling or quivering in our minds upon the occasion.  We ought to be fully convinced of guilt, before we come to you.  It is, then, our business to bring forward the proofs,—­to enforce them with all the clearness, illustration, example, that we can bring forward,—­that we are to show the circumstances that can aggravate the guilt,—­that we are to go further, show the mischievous consequences and tendency of those crimes to society,—­and that we are, if able so to do, to arouse and awaken in the minds of all that hear us those generous and noble sympathies which Providence has planted in the breasts of all men, to be the true guardians of the common rights of humanity.  Your Lordships know that this is the duty of the prosecutors, and that therefore we are not to consider the defence of the party, which is wisely and properly left to himself; but we are to press the accusation with all the energy of which it is capable, and to come with minds perfectly convinced before an august and awful tribunal which at once tries the accuser and the accused.

Having stated thus much with respect to the Commons, I am to read to your Lordships the resolution which the Commons have come to upon this great occasion, and upon which I shall take the liberty to say a very few words.

My Lords, the Commons have resolved last night, and I did not see the resolution till this morning, “that no direction or authority was given by this House to the committee appointed to manage the impeachment against Warren Hastings, Esquire, to make any charge or allegation against the said Warren Hastings respecting the condemnation or execution of Nundcomar; and that the words spoken by the Right Honorable Edmund Burke, one of the said managers, videlicet, that he (meaning Mr. Hastings) murdered that man (meaning Nundcomar) by the hands of Sir Elijah Impey, ought not to have been spoken.”