My Lords, here is an accusation that Mr. Middleton had actually received money, either in bills or assets of some kind or other,—­and that, upon quitting his Residency, he had handed it over to his successor, Mr. Johnson.  Here are, then, facts asserted, and we must suppose substantiated.  Here is a sum of money to be accounted for, in which there is a gross malversation directly charged as to these particulars, in Mr. Hastings’s opinion.  Mr. Macpherson, another member of the Council, has declared, that he understood at the time that the ten lacs were actually deposited in bills, and that it was not a mere offer made by the Nabob to pay such a sum from the future revenue of the country.  Mr. Hastings has these facts disclosed to him.  He declares that he was “morally certain” of it,—­that is, as certain as a man can be of anything; because physical certitude does not belong to such matters.  The first thing you will naturally ask is, “Why does he not ask Mr. Johnson how he had disposed of that money which Mr. Middleton had put in his hands?” He does no such thing; he passes over it totally, as if it were no part of the matter in question, and the accusation against Mr. Middleton terminates in the manner you will there find stated.  When Mr. Johnson is asked, “Why was not that money applied to the Company’s service?” he boldly steps forward, and says, “I prevented it from being so applied.  It never was, it never ought to have been, so applied; such an appropriation of money to be taken from the Nabob would have been enormous upon that occasion.”

What, then, does Mr. Hastings do?  Does he examine Mr. Middleton upon the subject, who charges himself with having received the money?  Mr. Middleton was at that very time in Calcutta, called down thither by Mr. Hastings himself.  One would naturally expect that he would call upon him to explain for what purpose he left the money with Mr. Johnson.  He did no such thing.  Did he examine Mr. Johnson himself, who was charged with having received the money from Mr. Middleton?  Did he ask him what he had done with that money?  Not one word.  Did he send for Major Palmer and Major Davy to account for it?  No.  Did he call any shroff, any banker, any one person concerned in the payment of the money, or any one person in the management of the revenue?  No, not one.  Directly in the face of his own assertions, directly contrary to his moral conviction of the fact that the money had been actually deposited, he tries Mr. Johnson collusively and obliquely, not upon the account of what was done with the money, but why it was prevented from being applied to the Company’s service; and he acquits him in a manner that (taking the whole of it together) will give your Lordships the finest idea possible of a Bengal judicature, as exercised by Mr. Hastings.

“I am not sorry,” says he, “that Mr. Johnson chose to defeat my intentions; since it would have added to the Nabob’s distresses, but with no immediate relief to the Company.  If, in his own breast, he can view the secret motives of this transaction, and on their testimony approve it, I also acquit him.”