Chapter II: Part 2

“I really cannot see,” says Mr. Gleig, “upon what grounds, either of political or moral justice, this proposition deserves to be stigmatized as infamous.” If we understand the meaning of words, it is infamous to commit a wicked action for hire, and it is wicked to engage in war without provocation. In this particular war, scarcely one aggravating circumstance was wanting. The object of the Rohilla war was this, to deprive a large population, who had never done us the least harm, of a good government, and to place them, against their will, under an execrably bad one. Nay, even this is not all. England now descended far below the level even of those petty German princes who, about the same time, sold us troops to fight the Americans. The hussar-mongers of Hesse and Anspach had at least the assurance that the expeditions on which their soldiers were to be employed would be conducted in conformity with the humane rules of civilised warfare. Was the Rohilla war likely to be so conducted? Did the Governor stipulate that it should be so conducted? He well knew what Indian warfare was. He well knew that the power which he covenanted to put into Sujah Dowlah’s hands would, in all probability, be atrociously abused; and he required no guarantee, no promise that it should not be so abused. He did not even reserve to himself the right of withdrawing his aid in case of abuse, however gross. We are almost ashamed to notice Major Scott’s plea, that Hastings {32}was justified in letting out English troops to slaughter the Rohillas, because the Rohillas were not of Indian race, but a colony from a distant country. What were the English themselves? Was it for them to proclaim a crusade for the expulsion of all intruders from the countries watered by the Ganges? Did it lie in their mouths to contend that a foreign settler who establishes an empire in India is a _caput lupinum_? What would they have said if any other power had, on such a ground, attacked Madras or Calcutta, without the slightest provocation? Such a defence was wanting to make the infamy of the transaction complete. The atrocity of the crime, and the hypocrisy of the apology, are worthy of each other.

One of the three brigades of which the Bengal army consisted was sent under Colonel Champion to join Sujah Dowlah’s forces. The Rohillas expostulated, entreated, offered a large ransom, but in vain. They then resolved to defend themselves to the last. A bloody battle was fought. “The enemy,” says Colonel Champion, “gave proof of a good share of military knowledge; and it is impossible to describe a more obstinate firmness of resolution than they displayed.” The dastardly sovereign of Onde fled from the field. The English were left unsupported; but their fire and their charge were irresistible. It was not, however, till the most distinguished chiefs had fallen, fighting bravely at the head of their troops, that the Rohilla ranks gave way. Then the Nabob Vizier and his rabble made their appearance, and hastened to plunder the camp of the valiant enemies, whom they had never dared to look in the face. The soldiers of the Company, trained in an exact discipline, kept unbroken order, while the tents were pillaged by these worthless allies. But {33}many voices were heard to exclaim, “We have had all the fighting, and those rogues are to have all the profit.”

Then the horrors of Indian war were let loose on the fair valleys and cities of Rohilcund. The whole country was in a blaze. More than a hundred thousand people fled from their homes to pestilential jungles, preferring famine, and fever, and the haunts of tigers, to the tyranny of him, to whom an English and a Christian government had, for shameful lucre, sold their substance, and their blood, and the honour of their wives and daughters. Colonel Champion remonstrated with the Nabob Vizier, and sent strong representations to Fort William; but the Governor had made no conditions as to the mode in which the war was to be carried on. He had troubled himself about nothing but his forty lacs; and, though he might disapprove of Sujah Dowlah’s wanton barbarity, he did not think himself entitled to interfere, except by offering advice. This delicacy excites the admiration of the biographer. “Mr. Hastings,” he says, “could not himself dictate to the Nabob, nor permit the commander of the Company’s troops to dictate how the war was to be carried on.” No, to be sure. Mr. Hastings had only to put down by main force the brave struggles of innocent men fighting for their liberty. Their military resistance crushed, his duties ended; and he had then only to fold his arms and look on, while their villages were burned, their children butchered, and their women violated. Will Mr. Gleig seriously maintain this opinion? Is any rule more plain than this, that whoever voluntarily gives to another irresistible power over human beings is bound to take order that such power shall not be barbarously {34}abused? But we beg pardon of our readers for arguing a point so clear.

We hasten to the end of this sad and disgraceful story. The war ceased. The finest population in India was subjected to a greedy, cowardly, cruel tyrant. Commerce and agriculture languished. The rich province which had tempted the cupidity of Sujah Dowlah became the most miserable part even of his miserable dominions. Yet is the injured nation not extinct. At long intervals gleams of its ancient spirit have flashed forth; and even at this day, valour, and selfrespect, and a chivalrous feeling rare among Asiatics, and a bitter remembrance of the great crime of England, distinguish that noble Afghan race. To this day they are regarded as the best of all sepoys at the cold steel; and it was very recently remarked, by one who had enjoyed great opportunities of observation, that the only natives of India to whom the word “gentleman” can with perfect, propriety be applied, are to be found among the Rohillas.

Whatever we may think of the morality of Hastings, it cannot be denied that the financial results of his policy did honour to his talents. In less than two years after he assumed the government, he had, without imposing any additional burdens on the people subject to his authority, added about four hundred and fifty thousand pounds to the annual income of the Company, besides procuring about a million in ready money. He had also relieved the finances of Bengal from military expenditure, amounting to near a quarter of a million a year, and had thrown that charge on the Nabob of Oude. There can be no doubt that this was a result which, if it had been obtained by honest means, would have entitled him to the warmest gratitude {35}of his country, and which, by whatever means obtained, proved that he possessed great talents for administration.

In the mean time, Parliament had been engaged in long and grave discussions on Asiatic affairs. The ministry of Lord North, in the session of 1773, introduced a measure which made a considerable change in the constitution of the Indian government. This law known by the name of the Regulating Act, provided that the presidency of Bengal should exercise a control over the other possessions of the Company; that the chief of that presidency should be styled Governor-General; that he should be assisted by four Councillors; and that a supreme court of judicature, consisting of a chief justice and three inferior judges, should be established at Calcutta. This court was made independent of the Governor-General and Council, and was intrusted with a civil and criminal jurisdiction of immense and, at the same time, of undefined extent.

The Governor-General and Councillors were named in the act, and were to hold their situations for five years. Hastings was to be the first Governor-General. One of the four new Councillors, Mr. Barwell, an experienced servant of the Company, was then in India. The other three, General Clavering, Mr. Monson, and Mr. Francis, were sent out from England.

The ablest of the new Councillors was, beyond all doubt, Philip Francis. His acknowledged compositions prove that he possessed considerable eloquence and information. Several years passed in the public offices had formed him to habits of business. His enemies have never denied that he had a fearless and manly spirit; and his friends, we are afraid, must acknowledge {36}that his estimate of himself was extravagantly high, that his temper was irritable, that his deportment was often rude and petulant, and that his hatred was of intense bitterness and long duration.

It is scarcely possible to mention this eminent man without adverting for a moment to the question which his name at once suggests to every mind. Was he the author of the Letters of Junius? Our own firm belief is that he was. The evidence is, we think, such as would support a verdict in a civil, nay, in a criminal proceeding. The handwriting of Junius is the very peculiar handwriting of Francis, slightly disguised. As to the position, pursuits, and connections of Junius, the following are the most important facts which can be considered as clearly proved; first that he was acquainted with the technical forms of the secretary of state’s office; secondly, that he was intimately acquainted with the business of the war-office; thirdly, that he, during the year 1770, attended debates in the House of Lords, and took notes of speeches, particularly of the speeches of Lord Chatham; fourthly, that he bitterly resented the appointment of Mr. Chamier to the place of deputy secretary-at-war; fifthly, that He was bound by some strong tie to the first Lord Holland. Now, Francis passed some years in the secretary of state’s office. He was subsequently chief clerk of the war-office. He repeatedly mentioned that he had himself, in 1770, heard speeches of Lord Chatham; and some of these speeches were actually printed from his notes. He resigned his clerkship at the war-office from resentment at the appointment of Mr. Chamier. It was by Lord Holland that he was first introduced into the public service. Now, here are five marks, all of which ought to be found in Junius. They are all five {37}found in Francis. We do not believe that more than two of them can be found in any other person whatever. If this argument does not settle the question, there is an end of all reasoning on circumstantial evidence.

The internal evidence seems to us to point the same way. The style of Francis bears a strong resemblance to that of Junius; nor are we disposed to admit, what is generally taken for granted, that the acknowledged compositions of Francis are very decidedly inferior to the anonymous letters. The argument from inferiority, at all events, is one which may be urged with at least equal force against every claimant that has ever been mentioned, with the single exception of Burke; and it would be a waste of time to prove that Burke was not Junius. And what conclusion, after all, can be drawn from mere inferiority? Every writer must produce his best work; and the interval between his best work and his second best work may be very wide indeed. Nobody will say that the best letters of Junius are more decidedly superior to the acknowledged works of Francis than three or four of Corneille’s tragedies to the rest, than three or four of Ben Jonson’s comedies to the rest, than the Pilgrim’s Progress to the other works of Bunyan, than Don Quixote to the other works of Cervantes. Nay, it is certain that Junius, whoever he may have been, was a most unequal writer. To go no further than the letters which bear the signature of Junius; the letter to the king, and the letters to Horne. Tooke, have little in common, except the asperity; and asperity was an ingredient seldom wanting either in the writings or in the speeches of Francis.

Indeed one of the strongest reasons for believing that Francis was Junius is the moral resemblance between {38}the two men. It is not difficult, from the letters which, under various signatures, are known to have been written by Junius, and from his dealings with Woodfall and others, to form a tolerably correct notion of his character. He was clearly a man not destitute of real patriotism and magnanimity, a man whose vices were not of a sordid kind. But he must also have been a man in the highest degree arrogant and insolent, a man prone to malevolence, and prone to the error of mistaking his malevolence for public virtue. “Doest thou well to be angry?” was the question asked in old time of the Hebrew prophet. And he answered, “I do well.” This was evidently the temper of Junius; and to this cause we attribute the savage cruelty which disgraces several of his letters. No man is so merciless as he who, under a strong self-delusion, confounds his antipathies with his duties. It may be added that Junius, though allied with the democratic party by common enmities, was the very opposite of a democratic politician. While attacking individuals with a ferocity which perpetually violated all the laws of literary warfare, he regarded the most defective parts of old institutions with a respect amounting to pedantry, pleaded the cause of Old Sarum with fervour, and contemptuously told the capitalists of Manchester and Leeds that, if they wanted votes, they might buy land and become freeholders of Lancashire and Yorkshire. All this, we believe, might, stand, with scarcely any change, for a character of Philip Francis.

It is not strange that the great anonymous writer should have been willing at that time to leave the country which had been so powerfully stirred by his eloquence. Every thing had gone against him. That party which he clearly preferred to every other, the {30}party of George Grenville, had been scattered by the death of its chief; and Lord Suffolk had led the greater part of it over to the ministerial benches. The ferment produced by the Middlesex election had gone down. Every faction must have been alike an object of aversion to Junius. His opinions on domestic affairs separated him from the ministry; his opinions on colonial affairs from the opposition. Under such circumstances, he had thrown down his pen in misanthropical despair. His farewell letter to Woodfall bears date the nineteenth of January 1773. In that letter, he declared that he must be an idiot to write again; that he had meant well by the cause and the public; that both were given up; that there were not ten men who would act steadily together on any question. “But it is all alike,” he added, “vile and contemptible. You have never flinched that I know of; and I shall always rejoice to hear of your prosperity.” These were the last words of Junius. In a year from that time, Philip Francis was on his voyage to Bengal.

With the three new Councillors came out the judges of the Supreme Court. The chief justice was Sir Elijah Impey. He was an old acquaintance of Hastings; and it is probable that the Governor-General, if he had searched through all the inns of court, could not have found an equally serviceable tool. But the members of Council were by no means in an obsequious mood. Hastings greatly disliked the new form of government, and had no very high opinion of his coadjutors. They had heard of this, and were disposed to be suspicious and punctilious. When men are in such a frame of mind, any trifle is sufficient to give occasion for dispute. The members of Council expected a salute {40}of twenty-one guns from the batteries of Fort William.

Hastings allowed them only seventeen. They landed in ill humour. The first civilities were exchanged with cold reserve. On the morrow commenced that long quarrel which, after distracting British India, was renewed in England, and in which all the most eminent statesmen and orators of the age took active part on one or the other side.

Hastings was supported by Barwell. They had not alwavs been friends. But the arrival of the new members of Council from England naturally had the effect of uniting the old servants of the Company. Clavering, Monson, and Francis formed the majority. They instantly wrested the government out of the hands of Hastings, condemned, certainly not without justice, his late dealings with the Nabob Vizier, recalled the English agent from Onde, and sent thither a creature of their own, ordered the brigade which had conquered the unhappy Rohillas, to return to the Company’s territories, and instituted a severe inquiry into the conduct of the war. Next, in spite of the Governor-General’s remonstrances, they proceeded to exercise, in the most indiscreet manner, their new authority over the subordinate presidencies; threw all the affairs of Bombay into confusion; and interfered, with an incredible union of rashness and feebleness, in the intestine disputes of the Mahratta government. At the same time, they fell on the internal administration of Bengal, and attacked the whole fiscal and judicial system, a system which was undoubtedly defective, but which it was very improbable that gentlemen fresh from England would be competent to amend. The effect of their reforms was that all protection to life and property was withdrawn, and that gangs of robbers plundered and {41}slaughtered with impunity in the very suburbs of Calcutta. Hastings continued to live in the Government-house, and to draw the salary of Governor-General. He continued even to take the lead at the council-board in the transaction of ordinary business; for his opponents could not but feel that he knew much of which they were ignorant, and that he decided, both surely and speedily, many questions which to them would have been hopelessly puzzling. But the higher powers of government and the most valuable patronage had been taken from him.

The natives soon found this out. They considered him as a fallen man; and they acted after their kind. Some of our readers may have seen, in India, a cloud of crows pecking a sick vulture to death, no bad type of what happens in that country, as often as fortune deserts one who has been great and dreaded. In an instant, all the sycophants who had lately been ready to lie for him, to forge for him, to pander for him, to poison for him, hasten to purchase the favour of his victorious enemies by accusing him. An Indian government has only to let it be understood that it wishes a particular man to be ruined; and, in twenty-four hours, it will be furnished with grave charges, supported by depositions so full and circumstantial that any person unaccustomed to Asiatic mendacity would regard them as decisive. It is well if the signature of the destined victim is not counterfeited at the foot of some illegal compact, and if some treasonable paper is not slipped into a hiding-place in his house. Hastings was now regarded as helpless. The power to make or mar the fortune of every man in Bengal had passed, as it seemed, into the hands of the new Councillors. Immediately charges against the Governor-General began to pour in {42}They were eagerly welcomed by the majority, who, to do them justice, were men of too much honour knowingly to countenance false accusations, but who were not sufficiently acquainted with the East to be aware that, in that part of the world, a very little encouragement from power will call forth, in a week, more Oateses, and Bedloes, and Dangerfields, than Westminster Hall sees in a century.

It would have been strange indeed if, at such a juncture, Nuncomar had remained quiet. That bad man was stimulated at once by malignity, by avarice, and by ambition. Now was the time to be avenged on his old enemy, to wreak a grudge of seventeen years, to establish himself in the favour of the majority of the Council, to become the greatest native in Bengal. From the time of the arrival of the new Councillors, he had paid the most marked court to them, and had in consequence been excluded, with all indignity, from the Government-house. He now put into the hands of Francis, with great ceremony, a paper, containing several charges of the most serious description. By this document Hastings was accused of putting offices up to sale, and of receiving bribes for suffering offenders to escape. In particular, it was alleged that Mahommed Reza Khan had been dismissed with impunity, in consideration of a great sum paid to the Governor-General.

Francis read the paper in Council. A violent altercation followed. Hastings complained in bitter terms of the way in which he was treated, spoke with contempt of Nuncomar and of Nuncomar’s accusation, and denied the right of the Council to sit in judgment on the Governor. At the next meeting of the Board, another communication from Nuncomar was produced. He requested that he might be permitted to attend the {43}Council, and that he might be heard in support of his assertions. Another tempestuous debate took place. The Governor-General maintained that the council-room was not a proper place for such an investigation; that from persons who were heated by daily conflict with him he could not expect the fairness of judges; and that He could not, without betraying the dignity of his post, submit to be confronted with such a man as Nuncomar. The majority, however, resolved to go into the charges. Hastings rose, declared the sitting at an end, and left the room, followed by Harwell. The other members kept their seats, voted themselves a council, put Clavering in the chair, and ordered Nuncomar to be called in. Nuncomar not only adhered to the original charges, but, after the fashion of the East, produced a large supplement. He stated that Hastings had received a great sum for appointing Rajah Goordas treasurer of the Nabob’s household, and for committing: the care of his Highness’s person to the Munny Begum. He put in a letter purporting to bear the seal of the Munny Begum, for the purpose of establishing the truth of his story. The seal, whether forged, as Hastings affirmed, or genuine, as we are rather inclined to believe, proved nothing. Nuncomar, as everybody knows, who knows India, had only to tell the Munny Begum that such a letter would give pleasure to the majority of the Council, in order to procure her attestation. The majority, however, voted that the charge was made out; that Hastings had corruptly received between thirty and forty thousand pounds; and that he ought to be compelled to refund.

The general feeling amoung the English in Bengal was strongly in favour of the Governor-General. In talents for business, in knowledge of the country, in {44}general courtesy of demeanour, He was decidedly superior to his persecutors. The servants of the Company were naturally disposed to side with the most distinguished member of their own body against a clerk from the war-office, who, profoundly ignorant of the native languages and of the native character, took on himself to regulate every department of the administration. Hastings, however, in spite of the general sympathy of his countrymen, was in a most painful situation. There was still an appeal to higher authority in England. If that authority took part with his enemies, nothing was left to him but to throw up his office. He accordingly placed his resignation in the hands of his agent in London, Colonel Macleane. But Macleane was instructed not to produce the resignation, unless it should be fully ascertained that the feeling at the India House was adverse to the Governor-General.

The triumph of Nuncomar seemed to be complete, He held a daily levee, to which his countrymen resorted in crowds, and to which, on one occasion, the majority of the Council condescended to repair. His house was an office for the purpose of receiving charges against the Governor-General. It was said that, partly by threats, and partly by wheedling, the villanous Brahmin had induced many of the wealthiest men of the province to send in complaints. But he was playing a perilous game. It was not safe to drive to despair a man of such resources and of such determination as Hastings. Nuncomar, with all his acuteness, did not understand the nature of the institutions under which he lived. He saw that he had with him the majority of the body which made treaties, gave places, raised taxes. The separation between political and judicial functions was a thing of which he had no conception. {45}It had probably never occurred to him that there was in Bengal an authority perfectly independent of the Council, an authority which could protect one whom the Council wished to destroy, and send to the gibbet one whom the Council wished to protect. Yet such was the fact. The supreme Court was, within the sphere of its own duties, altogether independent of the Government. Hastings, with his usual sagacity, had seen how much advantage he might derive from possessing himself of this stronghold: and he had acted accordingly. The Judges, especially the Chief Justice, were hostile to the majority of the Council. The time had now come for putting this formidable machinery into action.

On a sudden, Calcutta was astounded by the news that Nuncomar had been taken up on a charge of felony, committed, and thrown into the common gaol. The crime imputed to him was that six years before he had forged a bond. The ostensible prosecutor was a native. But it was then, and still is, the opinion of every body, idiots and biographers excepted, that Hastings was the real mover in the business.

The rage of the majority rose to the highest point. They protested against the proceedings of the Supreme Court, and sent several urgent messages to the Judges, demanding that Nuncomar should be admitted to bail. The Judges returned haughty and resolute answers. All that the Council could do was to heap honours and emoluments on the family of Nuncomar; and this they did. In the mean time the assizes commenced; a true bill was found; and Nuncomar was brought before Sir Elijah Impey and a jury composed of Englishmen. A great quantity of contradictory swearing, and the necessity of having every word of the evidence interpreted, {46}protracted the trial to a most unusual length. At last a verdict of guilty was returned, and the Chief Justice pronounced sentence of death on the prisoner.

That Impey ought to have respited Nuncomar we hold to be perfectly clear. Whether the whole proceeding was not illegal, is a question. But it is certain, that whatever may have been, according to technical rules of construction, the effect of the statute under which the tidal took place, it was most unjust to hang a Hindoo for forgery. The law which made forgery capital in England was passed without the smallest reference to the state of society in India. It was unknown to the natives of India. It had never been put in execution among them, certainly not for want of delinquents. It was in the highest degree shocking to all their notions. They were not accustomed to the distinction which many circumstances, peculiar to our own state of society, have led us to make between forgery and other kinds of cheating. The counterfeiting of a seal was, in their estimation, a common act of swindling; nor had it ever crossed their minds that it was to be punished as severely as gang-robbery or assassination. A just judge would, beyond all doubt, have reserved the case for the consideration of the sovereign. But Impey would not hear of mercy or delay.

The excitement among all classes was great. Francis and Francis’s few English adherents described the Governor-General and the Chief Justice as the worst of murderers. Clavering, it was said, swore that, even at the foot of the gallows, Nuncomar should be rescued. The bulk of the European society, though strongly attached to the Governor-General, could not but feel compassion for a man who, with all his crimes, had so {47}long filled so large a space in their sight, who had been great and powerful before the British empire in India began to exist, and to whom, in the old times, governors and members of council, then mere commercial factors, had paid court for protection. The feeling of the Hindoos was infinitely stronger. They were, indeed, not a people to strike one blow for their countryman. But his sentence filled them with sorrow and dismay. Tried even by their low standard of morality, He was a bad man. But, bad as he was, he was the head of their race and religion, a Brahmin of the Brahmins. He had inherited the purest and highest caste. He had practised with the greatest punctuality all those ceremonies to which the superstitious Bengalees ascribe far more importance than to the correct discharge of the social duties. They felt, therefore, as a devout Catholic in the dark ages would have felt, at seeing a prelate of the highest dignity sent to the gallows by a secular tribunal. According to their old national laws, a Brahmin could not be put to death for any crime whatever. And the crime for which Nuncomar was about to die was regarded by them in much the same light in which the selling of an unsound horse, for a sound price, is regarded by a Yorkshire jockey.

The Mussulmans alone appear to have seen with exultation the fate of the powerful Hindoo, who had attempted to rise by means of the ruin of Mahommed Reza Khan. The Mahommedan historian of those times takes delight in aggravating the charge. He assures us that in Nuncomar’s house a casket was found containing counterfeits of the seals of all the richest men of the province. We have never fallen in with any other authority for this story, which in itself is by no means improbable. {48}The day drew near; and Nuncomar prepared himself to die with that quiet fortitude with which the Bengalee, so effeminately timid in personal conflict, often encounters calamities for which there is no remedy. The sheriff, with the humanity which is seldom wanting in an English gentleman, visited the prisoner on the eve of the execution, and assured him that no indulgence, consistent with the law, should be refused to him. Nuncomar expressed his gratitude with great politeness and unaltered composure. Not a muscle of his face moved. Not a sigh broke from him. He put his finger to his forehead, and calmly said that fate would have its way, and that there was no resisting the pleasure of God. He sent his compliments to Francis, Clavering, and Monson, and charged them to protect Rajah Goordas, who was about to become the head of the Brahmins of Bengal. The sheriff withdrew, greatly agitated by what had passed, and Nuncomar sat composedly down to write notes and examine accounts.

The next morning, before the sun was in his power, an immense concourse assembled round the place where the gallows had been set up. Grief and horror were on every face; yet to the last the multitude could hardly believe that the English really purposed to take the life of the great Brahmin. At length the mournful procession came through the crowd. Nuncomar sat up in his palanquin, and looked round him with unaltered serenity. He had just parted from those who were most nearly connected with him. Their cries and contortions had appalled the European ministers of justice, but had not produced the smallest effect on the iron stoicism of the prisoner. The only anxiety which he expressed was that men of his own {49}priestly caste might be in attendance to take charge of his corpse. He again desired to be remembered to his friends in the Council, mounted the scaffold with firmness, and gave the signal to the executioner. The moment that the drop fell, a howl of sorrow and despair rose from the innumerable spectators. Hundreds turned away their faces from the polluting sight, fled with loud wailings towards the Hoogley, and plunged into its holy waters, as if to purify themselves from the guilt of having looked on such a crime. These feel-incs were not confined to Calcutta. The whole province was greatly excited; and the population of Dacca, in particular, gave strong signs of grief and dismay.

Of Impey’s conduct it is impossible to speak too severely. We have already said that, in our opinion, he acted unjustly in refusing to respite Nuncomar. No rational man can doubt that he took this course in order to gratify the Governor-General. If we had ever had any doubts on that point, they would have been dispelled by a letter which Mr. Gleig has published. Hastings, three or four years later, described Impey as the man “to whose support he was at one time indebted for the safety of his fortune, honour, and reputation.” These strong words can refer only to the case of Nuncomar; and they must mean that Impey hanged Nuncomar in order to support Hastings. It is, therefore, our deliberate opinion that Impey, sitting as a judge, put a man unjustly to death in order to serve a political purpose.

But we look on the conduct of Hastings in a somewhat different light. He was struggling for fortune, honour, liberty, all that makes life valuable. He was beset by rancorous and unprincipled enemies. From his colleagues he could expect no justice. He cannot {50}be blamed for wishing to crush his accusers. He was indeed bound to use only legitimate means for that end. But it was not strange that he should have thought any means legitimate which were pronounced legitimate by the sages of the law, by men whose peculiar duty it was to deal justly between adversaries, and whose education might be supposed to have peculiarly qualified them for the discharge of that duty. Nobody demands from a party the unbending equity of a judge. The reason that judges are appointed is, that even a good man cannot be trusted to decide a cause in which he is himself concerned. Not a day passes on which an honest prosecutor does not ask for what none but a dishonest tribunal would grant. It is too much to expect that any man, when his dearest interests are at stake, and his strongest passions excited, will, as against himself, be more just than the sworn dispensers of justice. To take an analogous case from the history of our own island; suppose that Lord Stafford, when in the Tower on suspicion of being concerned in the Popish plot, had been apprised that Titus Oates had done something which might, by a questionable construction, be brought under the head of felony. Should we severely blame Lord Stafford, in the supposed ease, for causing a prosecution to be instituted, for furnishing funds, for using all his influence to intercept the mercy of the Crown? We think not. If a judge, indeed, from favour to the Catholic lords, were to strain the law in order to hang Oates, such a judge would richly deserve impeachment. But it does not appear to us that the Catholic lord, by bringing the ease before the judge for decision, would materially overstep the limits of a just self-defence.

While, therefore, we have not the least doubt that, this memorable execution is to be attributed to Hastings, {51}we doubt whether it can with justice be reckoned among his crimes. That his conduct was dictated by a profound policy is evident. He was in a minority in Council. It was possible that he might long be in a minority. He knew the native character well. He knew in what abundance accusations are certain to flow in against the most innocent inhabitant of India who is under the frown of power. There was not in the whole black population of Bengal, a place-holder, a place-hunter, a government tenant, who did not think that he might better himself by sending up a deposition against the Governor-General. Under these circumstances, the persecuted statesman resolved to teach the whole crew of accusers and witnesses, that, though in a minority at the council-board, he was still to be feared. The lesson which he gave them was indeed a lesson not to be forgotten. The head of the combination which had been formed against him, the richest, the most powerful, the most artful of the Hindoos, distinguished by the favour of those who then held the government, fenced round by the superstitious reverence of millions, was hanged in broad day before many thousands of people. Every thing that could make the warning impressive, dignity in the sufferer, solemnity in the proceeding, was found in this case. The helpless rage and vain struggles of the Council made the triumph more signal. From that moment the conviction of every native was that it was safer to take the part of Hastings in a minority than that of Francis in a majority, and that he who was so venturous as to join in running down the Governor-General might chance, in the phrase of the Eastern poet, to find a tiger, while beating the jungle for a deer. The voices of a thousand informers were silenced in an {52}instant. From that time, whatever difficulties Hastings might have to encounter, He was never molested by accusations from natives in India.

It is a remarkable circumstance that one of the letters of Hastings to Dr. Johnson bears date a very few hours after the death of Nuncomar. While the whole settlement was in commotion, while a mighty and ancient priesthood were weeping over the remains of their chief, the conqueror in that deadly grapple sat down, with characteristic self-possession, to write about the Tour to the Hebrides, Jones’s Persian Grammar, and the history, traditions, arts, and natural productions of India.

In the mean time, intelligence of the Rohilla war, and of the first disputes between Hastings and his colleagues, had reached London. The Directors took part with the majority, and sent out a letter filled with severe reflections on the conduct of Hastings. They condemned, in strong but just terms, the iniquity of undertaking offensive wars merely for the sake of pecuniary advantage. But they utterly forgot that, if Hastings had by illicit means obtained pecuniary advantages, he had done so, not for his own benefit, but in order to meet their demands. To enjoin honesty, and to insist on having what could not be honestly got, was then the constant practice of the Company. As Lady Macbeth says of her husband, they “would not play false, and yet would wrongly win.”

The Regulating Act, by which Hastings had been appointed Governor-General for five years, empowered the Crown to remove him on an address from the Company. Lord North was desirous to procure such an address. The three members of Council who had been {53}sent out from England were men of his own choice. General Chivering, in particular, was supported by a large parliamentary connection, such as no cabinet could be inclined to disoblige. The wish of the minister was to displace Hastings, and to put Clavering at the head of the government. In the Court of Directors parties were very nearly balanced. Eleven voted against Hastings: ten for him. The Court of Proprietors was then convened. The great sale-room presented a singular appearance. Letters had been sent by the Secretary of the Treasury, exhorting all the supporters of government who held India stock to be in attendance. Lord Sandwich marshalled the friends of the administration with his usual dexterity and alertness. Fifty peers and privy councillors, seldom seen so far eastward, were counted in the crowd. The debate lasted till midnight. The opponents of Hastings had a small superiority on the division; but a ballot was demanded; and the result was that the Governor-General triumphed by a majority of above a hundred votes over the combined efforts of the Directors and the Cabinet. The ministers were greatly exasperated by this defeat. Even Lord North lost his temper, no ordinary occurrence with him, and threatened to convoke parliament before Christmas, and to bring in a bill for depriving the Company of all political power, and for restricting it to its old business of trading in silks and teas.

Colonel Macleane, who through all this conflict had zealously supported the cause of Hastings, now thought that his employer was in imminent danger of being turned out, branded with parliamentary censure, perhaps prosecuted. The opinion of the crown lawyers had already been taken respecting some parts of the {54}Governor-General’s conduct. It seemed to be high time to think of securing; an honourable retreat. Under these circumstances, Macleane thought himself justified in producing the resignation with which he had been intrusted. The instrument was not in very accurate form; but the Directors were too eager to be scrupulous. They accepted the resignation, fixed on Mr. Wilder, one of their own body, to succeed Hastings, and sent out orders that General Clavering, as senior member of Council, should exercise the functions of Governor-General till Mr. Wilder should arrive.

But, while these things were passing in England, a great change had taken place in Bengal. Monson was no more. Only four members of the were left. Clavering and Francis were on one side, Barwell and the Governor-General on the other; and the Governor-General had the casting vote. Hastings, who had been during two years destitute of all power and patronage, became at once absolute. He instantly proceeded to retaliate on his adversaries. Their measures were reversed: their creatures were displaced. A new valuation of the lands of Bengal, for the purposes of taxation, was ordered: and it was provided that the whole inquiry should be conducted by the Governor-General, and that all the letters relating to it should run in his name. He began, at the same time, to revolve vast plans of conquest and dominion, plans which he lived to see realised, though not by himself. His project was to form subsidiary alliances with the native princes, particularly with those of Onde and Berar, and thus to make Britain the paramount power in India. While he was meditating these great designs, arrived the intelligence that he had ceased to be Governor-General, {55}that his resignation had been accepted, that Wheler was coming out immediately, and that, till Wheler arrived, the chair was to be filled by Clavering.

Had Hastings still been in a minority, he would probably have retired without a struggle; but he was now the real master of British India, and he was not disposed to quit his high place. He asserted that he had never given any instructions which could warrant the steps taken at home. What his instructions had been, he owned he had forgotten. If he had kept a copy of them he had mislaid it. But he was certain that he had repeatedly declared to the Directors that he would not resign. He could not see how the court, possessed of that declaration from himself, could receive his resignation from the doubtful hands of an agent. If the resignation were invalid, all the proceedings which were founded on that resignation were null, and Hastings was still Governor-General.

He afterwards affirmed that, though his agents had not acted in conformity with his instructions, he would nevertheless have held himself bound by their acts, if Clavering had not attempted to seize the supreme power by violence. Whether this assertion were or were not true, it cannot be doubted that the imprudence of Clavering gave Hastings an advantage. The General sent for the keys of the fort and of the treasury, took possession of the records, and held a council at which Francis attended. Hastings took the chair in another apartment, and Barwell sat with him. Each of the two parties had a plausible show of right. There was no authority entitled to their obedience within fifteen thousand miles. It seemed that there remained no way of settling the dispute except an appeal to arms; {56}and from such an appeal Hastings, confident of his influence over his countrymen in India, was not inclined to shrink. He directed the officers of the garrison at Fort William and of all the neighbouring; stations to obey no orders but his. At the same time, with admirable judgment, he offered to submit the case to the Supreme Court, and to abide by its decision. By making this proposition he risked nothing; yet it was a proposition which his opponents could hardly reject. Nobody could be treated as a criminal for obeying what the judges should solemnly pronounce to be the lawful government. The boldest man would shrink from taking arms in defence of what the judges should pronounce to be usurpation. Clavering and Francis, after some delay, unwillingly consented to abide by the award of the court. The court pronounced that the resignation was invalid, and that therefore Hastings was still Governor-General under the Regulating Act; and the defeated members of the Council, finding that the sense of the whole settlement was against them, acquiesced in the decision.

About this time arrived the news that, after a suit which had lasted several years, the Franconian courts had decreed a divorce between Imhoff and his wife. The Baron left Calcutta, carrying with him the means of buying an estate in Saxony. The lady became Mrs. Hastings. The event was celebrated by great festivities; and all the most conspicuous persons at Calcutta, without distinction of parties, were invited to the Government-house. Clavering, as the Mahommedan chronicler tells the story, was sick in mind and body, and excused himself from joining the splendid assembly. But Hastings, whom, as it should seem, success in ambition and in love had put into high good-humour, {57}would take no denial. He went himself to the General’s house, and at length brought his vanquished rival in triumph to the gay circle which surrounded the bride. The exertion was too much for a frame broken by mortification as well as by disease. Clavering died a few days later.

Wheler, who came out expecting to be Governor-General, and was forced to content himself with a seat at the council-board, generally voted with Francis. But the Governor-General, with Barwell’s help and his own casting; vote, was still the master. Some change took place at this time in the feeling both of the Court of Directors and of the Ministers of the Crown. All designs against Hastings were dropped; and, when his original term of five years expired, he was quietly reappointed. The truth is, that the fearful dangers to which the public interests in every quarter were now exposed, made both Lord North and the Company unwilling to part with a Governor whose talents, experience, and resolution, enmity itself was compelled to acknowledge.

The crisis was indeed formidable. That great and victorious empire, on the throne of which George the Third had taken his seat eighteen years before, with brighter hopes than had attended the accession of any of the long line of English sovereigns, had, by the most senseless misgovernment, been brought to the verge of ruin. In America millions of Englishmen were at war with the country from which their blood, their language, their religion, and their institutions were derived, and to which, but a short time before, they had been as strongly attached as the inhabitants of Norfolk and Leicestershire. The great powers of Europe, humbled to the dust by the vigour and genius {58}which had guided the counsels of George the Second, now rejoiced in the prospect of a signal revenge. The time was approaching when our island, while struggling to keep down the United States of America, and pressed with a still nearer danger by the too just discontents of Ireland, was to be assailed by France, Spain, and Holland, and to be threatened by the armed neutrality of the Baltic; when even our maritime supremacy was to be in jeopardy; when hostile fleets were to command the Straits of Calpe and the Mexican Sea: when the British flag was to be scarcely able to protect the British Channel. Great as were the faults of Hastings, it was happy for our country that at that conjuncture, the most terrible through which she has ever passed, he was the ruler of her Indian dominions.

An attack by sea on Bengal was little to be apprehended. The danger was that the European enemies of England might form an alliance with some native power, might furnish that power with troops, arms, and ammunition, and might thus assail our possessions on the side of the land. It was chiefly from the Mahrattas that Hastings anticipated danger. The original seat of that singular people was the wild range of hills which runs along the western coast of India. In the reign of Aurungzebe the inhabitants of those regions, led by the great Sevajee, began to descend on the possessions of their wealthier and less warlike neighbours. The energy, ferocity, and cunning of the Mahrattas, soon made them the most conspicuous among the new powers which were generated by the corruption of the decaying monarchy. At first they were only robbers. They soon rose to the dignity of conquerors. Half the provinces of the empire were turned into Mahratta {59}principalities. Freebooters, sprung from low castes, and accustomed to menial employments, became mighty Rajahs. The Bonsias, at the head of a hand of plunderers, occupied the vast region of Berar. The Guico-war, which is, being interpreted, the Herdsman, founded that dynasty which still reigns in Guzerat. The houses of Scindia and Holkar waxed great in Malwa. One adventurous captain made his nest on the impregnable rock of Good. Another became the lord of the thousand villages which are scattered among the green rice-fields of Tanjore.

That was the time, throughout India, of double government. The form and the power were everywhere separated. The Mussulman nabobs who had become sovereign princes, the Vizier in Glide, and the Nizam at Hyderabad, still called themselves the viceroys of the house of Tamerlane. In the same manner the Mahratta states, though really independent of each other, pretended to be members of one empire. They all acknowledged, by words and ceremonies, the supremacy of the heir of Sevajee, a _roi fainéant_ who chewed bang and toyed with dancing girls in a state prison at Sattara, and of his Peshwa or mayor of the palace, a great hereditary magistrate, who kept a court with kingly state at Poonah, and whose authority was obeyed in the spacious provinces of Aurungabad and Bejapoor.

Some months before war was declared in Europe the government of Bengal was alarmed by the news that a French adventurer, who passed for a man of quality, had arrived at Poonah. It was said that he had been received there with great distinction, that he had delivered to the Peshwa letters and presents from Lewis the Sixteenth, and that a treaty, hostile to England, {60}had been concluded between France and the Mahrattas.

Hastings immediately resolved to strike the first blow. The title of the Peshwa was not undisputed. A portion of the Mahratta nation was favourable to a pretender. The Governor-General determined to espouse this pretender’s interest, to move an army across the peninsula of India, and to form a close alliance with the chief of the House of Bonsla, who ruled Berar, and who, in power and dignity, was inferior to none of the Mahratta princes.

The army had marched, and the negotiations with Berar were in progress, when a letter from the English consul at Cairo, brought the news that war had been proclaimed both in London and Paris. All the measures which the crisis required were adopted by Hastings without a moment’s delay. The French factories in Bengal were seized. Orders were sent to Madras that Pondicherry should instantly be occupied. Near Calcutta, works were thrown up which were thought to render the approach of a hostile force impossible. A maritime establishment was formed for the defence of the river. Nine new battalions of sepoys were raised, and a corps of native artillery was formed out of the hardy Lascars of the Bay of Bengal. Having made these arrangements, the Governor-General with calm confidence pronounced his presidency secure from all attack, unless the Mahrattas should march against it in conjunction with the French.

The expedition which Hastings had sent westward was not so speedily or completely successful as most of his undertakings. The commanding officer procrastinated. The authorities at Bombay blundered. But the Governor-General persevered. A new commander {61}repaired the errors of his predecessor. Several brilliant actions spread the military renown of the English through regions where no European flag had ever been seen. It is probable that, if a new and more formidable danger had not compelled Hastings to change his whole policy, his plans respecting the Mahratta empire would have been carried into complete effect.