that the counsel for the defendant have opened a vast variety of matter that is not upon record, either on our part or on theirs, in order to illustrate and to support their cause; and they have spoken day after day upon the principles on which their defence was made.  My great object now is an examination of those principles, and to illustrate the effects of these principles by examples which are not the less cogent, the less weighty, and the less known, because they are articles in this charge.  Most assuredly they are not.  If your Lordships recollect the speeches that were made here, you know that great 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 Lords can only be with me matter of conjecture.  I certainly was not commanded