Critical and Historical Essays. Volume 3

In the meantime, 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 entrusted 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 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 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 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 fervor, 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. Everything had gone against him. That party which he clearly preferred to every other, the 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 of twenty-one guns from the batteries of Fort William. Hastings allowed them only seventeen. They landed in ill-humor. 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 always 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 Oude, 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 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 favor 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. They were eagerly welcomed by the majority, who, to do them justice, were men of too much honor 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 favor 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 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 Barwell. 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 among the English in Bengal was strongly in favor of the Governor-General. In talents for business, in knowledge of the country, in general courtesy of demeanor, 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 villainous 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. 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 jail. 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 everybody, 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 honors and emoluments on the family of Nuncomar; and this they did. In the meantime 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, 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 trial 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 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 Bengalese 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.

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 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 feelings 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, honor, 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, honor, liberty, all that makes life valuable. He was beset by rancorous and unprincipled enemies. From his colleagues he could expect no justice. He cannot 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 case, 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 favor 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 case 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, 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 favor 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. Everything 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 instant. From that time, whatever difficulties Hastings might have to encounter, he was never molested by accusations from natives of 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 meantime, 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 advantages. 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 sent out from England were men of his own choice. General Clavering, 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 saleroom 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 Governor-General's conduct. It seemed to be high time to think of securing an honorable retreat. Under these circumstances, Macleane thought himself justified in producing the resignation with which he had been entrusted. The instrument was not in very accurate form; but the Directors were too eager to be scrupulous. They accepted the resignation, fixed on Mr. Wheler, 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. Wheler 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 government 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 realized, though not by himself. His project was to form subsidiary alliances with the native princes, particularly with those of Oude 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, 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; 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 of Fort William and of all the neighboring 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-humor, 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 vigor and genius which had guided the councils 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 neighbors. 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 principalities. Freebooters, sprung from low castes, and accustomed to menial employments, became mighty Rajahs. The Bonslas, at the head of a band of plunderers, occupied the vast region of Berar. The Guicowar, 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 Gooti. 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 Oude, 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 bhang 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 Louis the Sixteenth, and that a treaty, hostile to England, 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 favorable 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 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.

The authorities in England had wisely sent out to Bengal, as commander of the forces and member of the Council, one of the most distinguished soldiers of that time. Sir Eyre Coote had, many years before, been conspicuous among the founders of the British empire in the East. At the council of war which preceded the battle of Plassey, he earnestly recommended, in opposition to the majority, that daring course which, after some hesitation, was adopted, and which was crowned with such splendid success. He subsequently commanded in the south of India against the brave and unfortunate Lally, gained the decisive battle of Wandewash over the French and their native allies, took Pondicherry, and made the English power supreme in the Carnatic. Since those great exploits near twenty years had elapsed. Coote had no longer the bodily activity which he had shown in earlier days; nor was the vigor of his mind altogether unimpaired. He was capricious and fretful, and required much coaxing to keep him in good-humor. It must, we fear, be added, that the love of money had grown upon him, and that he thought more about his allowances, and less about his duties, than might have been expected from so eminent a member of so noble a profession. Still he was perhaps the ablest officer that was then to be found in the British army. Among the native soldiers his name was great and his influence unrivalled. Nor is he yet forgotten by them. Now and then a white-bearded old sepoy may still be found, who loves to talk of Porto Novo and Pollilore. It is but a short time since one of those aged men came to present a memorial to an English officer, who holds one of the highest employments in India. A print of Coote hung in the room. The veteran recognized at once that face and figure which he had not seen for more than half a century, and, forgetting his salam to the living, halted, drew himself up, lifted his hand, and with solemn reverence paid his military obeisance to the dead.

Coote, though he did not, like Barwell, vote constantly with the Governor-General, was by no means inclined to join in systematic opposition, and on most questions concurred with Hastings, who did his best, by assiduous courtship, and by readily granting the most exorbitant allowances, to gratify the strongest passions of the old soldier.

It seemed likely at this time that a general reconciliation would put an end to the quarrels which had, during some years, weakened and disgraced the government of Bengal. The dangers of the empire might well induce men of patriotic feeling—and of patriotic feeling neither Hastings nor Francis was destitute—to forget private enmities, and to coöperate heartily for the general good. Coote had never been concerned in faction. Wheler was thoroughly tired of it. Barwell had made an ample fortune, and, though he had promised that he would not leave Calcutta while his help was needed in Council, was most desirous to return to England, and exerted himself to promote an arrangement which would set him at liberty. A compact was made, by which Francis agreed to desist from opposition, and Hastings engaged that the friends of Francis should be admitted to a fair share of the honors and emoluments of the service. During a few months after this treaty there was apparent harmony at the council board.

Harmony, indeed, was never more necessary; for at this moment internal calamities, more formidable than war itself, menaced Bengal. The authors of the Regulating Act of 1773 had established two independent powers, the one judicial, the other political; and, with a carelessness scandalously common in English legislation, had omitted to define the limits of either. The judges took advantage of the indistinctness, and attempted to draw to themselves supreme authority, not only within Calcutta, but through the whole of the great territory subject to the presidency of Fort William. There are few Englishmen who will not admit that the English law, in spite of modern improvements, is neither so cheap nor so speedy as might be wished. Still, it is a system which has grown up among us. In some points, it has been fashioned to suit our feelings; in others, it has gradually fashioned our feelings to suit itself. Even to its worst evils we are accustomed; and therefore, though we may complain of them, they do not strike us with the horror and dismay which would be produced by a new grievance of smaller severity. In India the case is widely different. English law, transplanted to that country, has all the vices from which we suffer here; it has them all in a far higher degree; and it has other vices, compared with which the worst vices from which we suffer are trifles. Dilatory here, it is far more dilatory in a land where the help of an interpreter is needed by every judge and by every advocate. Costly here, it is far more costly in a land into which the legal practitioners must be imported from an immense distance. All English labor in India, from the labor of the Governor-General and the Commander-in-Chief, down to that of a groom or a watchmaker, must be paid for at a higher rate than at home. No man will be banished, and banished to the torrid zone, for nothing. The rule holds good with respect to the legal profession. No English barrister will work, fifteen thousand miles from all his friends, with the thermometer at ninety-six in the shade, for the emoluments which will content him in chambers that overlook the Thames. Accordingly, the fees at Calcutta are about three times as great as the fees of Westminster Hall; and this, though the people of India are, beyond all comparison, poorer than the people of England. Yet the delay and the expense, grievous as they are, form the smallest part of the evil which English law, imported without modifications into India, could not fail to produce. The strongest feelings of our nature, honor, religion, female modesty, rose up against the innovation. Arrest on mesne process was the first step in most civil proceedings; and to a native of rank arrest was not merely a restraint, but a foul personal indignity. Oaths were required in every stage of every suit; and the feeling of a Quaker about an oath is hardly stronger than that of a respectable native. That the apartments of a woman of quality should be entered by strange men, or that her face should be seen by them, are, in the East, intolerable outrages,—outrages which are more dreaded than death, and which can be expiated only by the shedding of blood. To these outrages the most distinguished families of Bengal, Bahar, and Orissa, were now exposed. Imagine what the state of our own country would be, if a jurisprudence were on a sudden introduced among us, which should be to us what our jurisprudence was to our Asiatic subjects. Imagine what the state of our country would be, if it were enacted that any man, by merely swearing that a debt was due to him, should acquire a right to insult the persons of men of the most honorable and sacred callings and of women of the most shrinking delicacy, to horsewhip a general officer, to put a bishop in the stocks, to treat ladies in the way which called forth the blow of Wat Tyler. Something like this was the effect of the attempt which the Supreme Court made to extend its jurisprudence over the whole of the Company's territory.

A reign of terror began, of terror heightened by mystery: for even that which was endured was less horrible than that which was anticipated. No man knew what was next to be expected from this strange tribunal. It came from beyond the black water, as the people of India, with mysterious horror, call the sea. It consisted of judges not one of whom was familiar with the usages of the millions over whom they claimed boundless authority. Its records were kept in unknown characters; its sentences were pronounced in unknown sounds. It had already collected round itself an army of the worst part of the native population, informers, and false witnesses, and common barrators, and agents of chicane, and, above all, a banditti of bailiffs' followers, compared with whom the retainers of the worst English sponging-houses, in the worst times, might be considered as upright and tender-hearted. Many natives, highly considered among their countrymen, were seized, hurried up to Calcutta, flung into the common jail, not for any crime even imputed, not for any debt that had been proved, but merely as a precaution till their cause should come to trial. There were instances in which men of the most venerable dignity, persecuted without a cause by extortioners, died of rage and shame in the gripe of the vile alguazils of Impey. The harams of noble Mahommedans, sanctuaries respected in the East by governments which respected nothing else, were burst open by gangs of bailiffs. The Mussulmans, braver and less accustomed to submission than the Hindoos, sometimes stood on their defence; and there were instances in which they shed their blood in the doorway, while defending, sword in hand, the sacred apartments of their women. Nay, it seemed as if even the faint-hearted Bengalee, who had crouched at the feet of Surajah Dowlah, who had been mute during the administration of Vansittart, would at length find courage in despair. No Mahratta invasion had ever spread through the province such dismay as this inroad of English lawyers. All the injustice of former oppressors, Asiatic and European, appeared as a blessing when compared with the justice of the Supreme Court.

Every class of the population, English and native, with the exception of the ravenous pettifoggers who fattened on the misery and terror of an immense community, cried out loudly against this fearful oppression. But the judges were immovable. If a bailiff was resisted, they ordered the soldiers to be called out. If a servant of the Company, in conformity with the orders of the government, withstood the miserable catchpoles who, with Impey's writs in their hands, exceeded the insolence and rapacity of gang-robbers, he was flung into prison for a contempt. The lapse of sixty years, the virtue and wisdom of many eminent magistrates who have during that time administered justice in the Supreme Court, have not effaced from the minds of the people of Bengal the recollection of those evil days.

The members of the government were, on this subject, united as one man. Hastings had courted the judges; he had found them useful instruments. But he was not disposed to make them his own masters, or the masters of India. His mind was large; his knowledge of the native character most accurate. He saw that the system pursued by the Supreme Court was degrading to the government and ruinous to the people; and he resolved to oppose it manfully. The consequence was, that the friendship, if that be the proper word for such a connection, which had existed between him and Impey, was for a time completely dissolved. The government placed itself firmly between the tyrannical tribunal and the people. The Chief Justice proceeded to the wildest excesses. The Governor-General and all the members of Council were served with writs, calling on them to appear before the King's justices, and to answer for their public acts. This was too much. Hastings, with just scorn, refused to obey the call, set at liberty the persons wrongfully detained by the Court, and took measures for resisting the outrageous proceedings of the sheriffs' officers, if necessary, by the sword. But he had in view another device which might prevent the necessity of an appeal to arms. He was seldom at a loss for an expedient; and he knew Impey well. The expedient, in this case, was a very simple one, neither more nor less than a bribe. Impey was, by act of Parliament, a judge, independent of the government of Bengal, and entitled to a salary of eight thousand a year. Hastings proposed to make him also a judge in the Company's service, removable at the pleasure of the government of Bengal; and to give him, in that capacity, about eight thousand a year more. It was understood that, in consideration of this new salary, Impey would desist from urging the high pretensions of his court. If he did urge these pretensions, the government could, at a moment's notice, eject him from the new place which had been created for him. The bargain was struck; Bengal was saved; an appeal to force was averted; and the Chief Justice was rich, quiet, and infamous.

Of Impey's conduct it is unnecessary to speak. It was of a piece with almost every part of his conduct that comes under the notice of history. No other such judge has dishonored the English ermine, since Jeffreys drank himself to death in the Tower. But we cannot agree with those who have blamed Hastings for this transaction. The case stood thus. The negligent manner in which the Regulating Act had been framed put it in the power of the Chief Justice to throw a great country into the most dreadful confusion. He was determined to use his power to the utmost, unless he was paid to be still; and Hastings consented to pay him. The necessity was to be deplored. It is also to be deplored that pirates should be able to exact ransom by threatening to make their captives walk the plank. But to ransom a captive from pirates has always been held a humane and Christian act; and it would be absurd to charge the payer of the ransom with corrupting the virtue of the corsair. This, we seriously think, is a not unfair illustration of the relative position of Impey, Hastings, and the people of India. Whether it was right in Impey to demand or to accept a price for powers which, if they really belonged to him, he could not abdicate, which, if they did not belong to him, he ought never to have usurped, and which in neither case he could honestly sell, is one question. It is quite another question, whether Hastings was not right to give any sum, however large, to any man, however worthless, rather than either surrender millions of human beings to pillage, or rescue them by civil war.

Francis strongly opposed this arrangement. It may, indeed, be suspected that personal aversion to Impey was as strong a motive with Francis as regard for the welfare of the province. To a mind burning with resentment, it might seem better to leave Bengal to the oppressors than to redeem it by enriching them. It is not improbable, on the other hand, that Hastings may have been the more willing to resort to an expedient agreeable to the Chief Justice, because that high functionary had already been so serviceable, and might, when existing dissensions were composed, be serviceable again.

But it was not on this point alone that Francis was now opposed to Hastings. The peace between them proved to be only a short and hollow truce, during which their mutual aversion was constantly becoming stronger. At length an explosion took place. Hastings publicly charged Francis with having deceived him, and with having induced Barwell to quit the service by insincere promises. Then came a dispute, such as frequently arises even between honorable men, when they may make important agreements by mere verbal communication. An impartial historian will probably be of opinion that they had misunderstood each other; but their minds were so much embittered that they imputed to each other nothing less than deliberate villainy. "I do not," said Hastings, in a minute recorded on the Consultations of the Government, "I do not trust to Mr. Francis's promises of candor, convinced that he is incapable of it. I judge of his public conduct by his private, which I have found to be void of truth and honor." After the Council had risen, Francis put a challenge into the Governor-General's hand. It was instantly accepted. They met, and fired. Francis was shot through the body. He was carried to a neighboring house, where it appeared that the wound, though severe, was not mortal. Hastings inquired repeatedly after his enemy's health, and proposed to call on him; but Francis coldly declined the visit. He had a proper sense, he said, of the Governor-General's politeness, but could not consent to any private interview. They could meet only at the council board.