My Lords, the Commons of Great Britain claim from you, that no man shall be imprisoned till a regular charge is made against him, and the accused fairly heard in his defence.  They claim from you, that no man shall be imprisoned on a matter of account, until the account is settled between the parties.  And claiming this, we do say that the prisoner’s conduct towards Durbege Sing was illegal, unjust, violent, and oppressive.  The imprisonment of this man was clearly illegal on the part of Mr. Hastings, as he acted without the authority of the Council, and doubly oppressive, as the imprisoned man was thereby disabled from settling his account with the numberless sub-accountants whom he had to deal with in the collection of the revenue.

Having now done with these wicked, flagitious, abandoned, and abominable acts, I shall proceed to the extraordinary powers given by Mr. Hastings to his instrument, Mr. Markham, who was employed in perpetrating these acts, and to the very extraordinary instructions which he gave this instrument for his conduct in the execution of the power intrusted to him.  In a letter to Mr. Markham, he says,—­

“I need not tell you, my dear Sir, that I possess a very high opinion of your abilities, and that I repose the utmost confidence in your integrity.”  He might have had reason for both, but he scarcely left to Mr. Markham the use of either.  He arbitrarily imposed upon him the tasks which he wished him to execute, and he engaged to bear out his acts by his own power.  “From your long residence at Benares,” says he, “and from the part you have had in the business of that zemindary, you must certainly best know the men who are most capable and deserving of public employment.  From among these I authorize you to nominate a Naib to the Rajah, in the room of Durbege Sing, whom, on account of his ill conduct, I think it necessary to dismiss from that office.  It will be hardly necessary to except Ussaun Sing from the description of men to whom I have limited your choice, yet it may not be improper to apprise you that I will on no terms consent to his being Naib.  In forming the arrangements consequent upon this new appointment, I request you will, as far as you can with propriety, adopt those which were in use during the life of Bulwant Sing,—­so far, at least, as to have distinct offices for distinct purposes, independent of each other, and with proper men at the head of each; so that one office may detect or prevent any abuses or irregularities in the others, and together form a system of reciprocal checks.  Upon that principle, I desire you will in particular establish, under whatever names, one office of receipts, and another of treasury.  The officers of both must be responsible for the truth and regularity of their respective accounts, but not subject in the statement of them to the control or interference of the Rajah or Naib; nor should they be removable at pleasure, but for manifest misconduct only.  At