Critical and Historical Essays Volume I Part 39

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The trial in the Hall went on languidly. In the session of 1788, when the proceedings had the interest of novelty, and when the Peers had little other business before them, only thirty-five days were given to the impeachment. In 1789, the Regency Bill occupied the Upper House till the session was far advanced. When the King recovered the circuits were beginning. The judges left town; the Lords waited for the return of the oracles of jurisprudence; and the consequence was that during the whole year only seventeen days were given to the case of Hastings. It was clear that the matter would be protracted to a length unprecedented in the annals of criminal law.

In truth, it is impossible to deny that impeachment, though it is a fine ceremony, and though it may have been useful in the seventeenth century, is not a proceeding from which much good can now be expected. Whatever confidence may be placed in the decision of the Peers on an appeal arising out of ordinary litigation, it is certain that no man has the least confidence in their impartiality, when a great public functionary, charged with a great state crime, is brought to their bar. They are all politicians. There is hardly one among them whose vote on an impeachment may not be confidently predicted before a witness has been examined; and, even if it were possible to rely on their justice, they would still be quite unfit to try such a cause as that of Hastings. They sit only during half the year. They have to transact much legislative and much judicial business. The law- lords, whose advice is required to guide the unlearned majority, are employed daily in administering justice elsewhere. It is impossible, therefore, that during a busy session, the Upper House should give more than a few days to an impeachment. To expect that their Lords.h.i.+ps would give up partridge-shooting, in order to bring the greatest delinquent to speedy justice, or to relieve accused innocence by speedy acquittal, would be unreasonable indeed. A well-const.i.tuted tribunal, sitting regularly six days in the week, and nine hours in the day, would have brought the trial of Hastings to a close in less than three months. The Lords had not finished their work in seven years.

The result ceased to be matter of doubt, from the time when the Lords resolved that they would be guided by the rules of evidence which are received in the inferior courts of the realm. Those rules, it is well known, exclude much information which would be quite sufficient to determine the conduct of any reasonable man, in the most important transactions of private life. These rules, at every a.s.sizes, save scores of culprits whom judges, jury, and spectators, firmly believe to be guilty. But when those rules were rigidly applied to offences committed many years before, at the distance of many thousands of miles, conviction was, of course, out of the question. We do not blame the accused and his counsel for availing themselves of every legal advantage in order to obtain an acquittal. But it is clear that an acquittal so obtained cannot be pleaded in bar of the judgment of history.

Several attempts were made by the friends of Hastings to put a stop to the trial. In 1789 they proposed a vote of censure upon Burke, for some violent language which he had used respecting the death of Nuncomar and the connection between Hastings and Impey.

Burke was then unpopular in the last degree both with the House and with the country. The asperity and indecency of some expressions which he had used during the debates on the Regency had annoyed even his warmest friends. The vote of censure was carried; and those who had moved it hoped that the managers would resign in disgust. Burke was deeply hurt. But his zeal for what he considered as the cause of justice and mercy triumphed over his personal feelings. He received the censure of the House with dignity and meekness, and declared that no personal mortification or humiliation should induce him to flinch from the sacred duty which he had undertaken.

In the following year the Parliament was dissolved; and the friends of Hastings entertained a hope that the new House of Commons might not be disposed to go on with the impeachment. They began by maintaining that the whole proceeding was terminated by the dissolution. Defeated on this point, they made a direct motion that the impeachment should be dropped; but they were defeated by the combined forces of the Government and the Opposition. It was, however, resolved that, for the sake of expedition, many of the articles should be withdrawn. In truth, had not some such measure been adopted, the trial would have lasted till the defendant was in his grave.

At length, in the spring of 1795, the decision was p.r.o.nounced, near eight years after Hastings had been brought by the Sergeant- at-Arms of the Commons to the bar of the Lords. On the last day of this great procedure the public curiosity, long suspended, seemed to be revived. Anxiety about the judgment there could be none; for it had been fully ascertained that there was a great majority for the defendant. Nevertheless many wished to see the pageant, and the Hall was as much crowded as on the first day. But those who, having been present on the first day, now bore a part in the proceedings of the last, were few; and most of those few were altered men.

As Hastings himself said, the arraignment had taken place before one generation, and the judgment was p.r.o.nounced by another. The spectator could not look at the woolsack, or at the red benches of the Peers, or at the green benches of the Commons, without seeing something that reminded him of the instability of all human things, of the instability of power and fame and life, of the more lamentable instability of friends.h.i.+p. The great seal was borne before Lord Loughborough, who, when the trial commenced, was a fierce opponent of Mr. Pitt's Government, and who was now a member of that Government, while Thurlow, who presided in the court when it first sat, estranged from all his old allies, sat scowling among the junior barons. Of about a hundred and sixty n.o.bles who walked in the procession on the first day, sixty had been laid in their family vaults. Still more affecting must have been the sight of the managers' box. What had become of that fair fellows.h.i.+p, so closely bound together by public and private ties, so resplendent with every talent and accomplishment? It had been scattered by calamities more bitter than the bitterness of death.

The great chiefs were still living, and still in the full vigour of their genius. But their friends.h.i.+p was at an end. It had been violently and publicly dissolved, with tears and stormy reproaches. If those men, once so dear to each other, were now compelled to meet for the purpose of managing the impeachment, they met as strangers whom public business had brought together, and behaved to each other with cold and distant civility. Burke had in his vortex whirled away Windham. Fox had been followed by Sheridan and Grey.

Only twenty-nine Peers voted. Of these only six found Hastings guilty on the charges relating to Cheyte Sing and to the Begums.

On other charges, the majority in his favour was still greater.

On some he was unanimously absolved. He was then called to the bar, was informed from the woolsack that the Lords had acquitted him, and was solemnly discharged. He bowed respectfully and retired.

We have said that the decision had been fully expected. It was also generally approved. At the commencement of the trial there had been a strong and indeed unreasonable feeling against Hastings. At the close of the trial there was a feeling equally strong and equally unreasonable in his favour. One cause of the change was, no doubt, what is commonly called the fickleness of the mult.i.tude, but what seems to us to be merely the general law of human nature. Both in individuals and in ma.s.ses violent excitement is always followed by remission, and often by reaction. We are all inclined to depreciate whatever we have overpraised, and, on the other hand, to show undue indulgence where we have shown undue rigour. It was thus in the case of Hastings. The length of his trial, moreover, made him an object of compa.s.sion. It was thought, and not without reason, that, even if he was guilty, he was still an ill-used man, and that an impeachment of eight years was more than a sufficient punishment.

It was also felt that, though, in the ordinary course of criminal law, a defendant is not allowed to set off his good actions against his crimes, a great political cause should be tried on different principles, and that a man who had governed an empire during thirteen years might have done some very reprehensible things, and yet might be on the whole deserving of rewards and honours rather than of fine and imprisonment. The press, an instrument neglected by the prosecutors, was used by Hastings and his friends with great effect. Every s.h.i.+p, too, that arrived from Madras or Bengal, brought a cuddy full of his admirers. Every gentleman from India spoke of the late Governor-General as having deserved better, and having been treated worse, than any man living. The effect of this testimony unanimously given by all persons who knew the East, was naturally very great. Retired members of the Indian services, civil and military, were settled in all corners of the kingdom. Each of them was, of course, in his own little circle, regarded as an oracle on an Indian question; and they were, with scarcely one exception, the zealous advocates of Hastings. It is to be added, that the numerous addresses to the late Governor-General, which his friends in Bengal obtained from the natives and transmitted to England, made a considerable impression. To these addresses we attach little or no importance. That Hastings was beloved by the people whom he governed is true; but the eulogies of pundits, zemindars, Mahommedan doctors, do not prove it to be true. For an English collector or judge would have found it easy to induce any native who could write to sign a panegyric on the most odious ruler that ever was in India. It was said that at Benares, the very place at which the acts set forth in the first article of impeachment had been committed, the natives had erected a temple to Hastings; and this story excited a strong sensation in England. Burke's observations on the apotheosis were admirable. He saw no reason for astonishment, he said, in the incident which had been represented as so striking. He knew something of the mythology of the Brahmins. He knew that as they wors.h.i.+pped some G.o.ds from love, so they wors.h.i.+pped others from fear. He knew that they erected shrines, not only to the benignant deities of light and plenty, but also to the fiends who preside over smallpox and murder; nor did he at all dispute the claim of Mr. Hastings to be admitted into such a Pantheon. This reply has always struck us as one of the finest that ever was made in Parliament. It is a grave and forcible argument, decorated by the most brilliant wit and fancy.

Hastings was, however, safe. But in everything except character, he would have been far better off if, when first impeached, he had at once pleaded guilty, and paid a fine of fifty thousand pounds. He was a ruined man. The legal expenses of his defence had been enormous. The expenses which did not appear in his attorney's bill were perhaps larger still. Great sums had been paid to Major Scott. Great sums had been laid out in bribing newspapers, rewarding pamphleteers, and circulating tracts.

Burke, so early as 1790, declared in the House of Commons that twenty thousand pounds had been employed in corrupting the press.

It is certain that no controversial weapon, from the gravest reasoning to the coa.r.s.est ribaldry, was left unemployed. Logan defended the accused Governor with great ability in prose. For the lovers of verse, the speeches of the managers were burlesqued in Simpkin's letters. It is, we are afraid, indisputable that Hastings stooped so low as to court the aid of that malignant and filthy baboon John Williams, who called himself Anthony Pasquin.

It was necessary to subsidise such allies largely. The private boards of Mrs. Hastings had disappeared. It is said that the banker to whom they had been intrusted had failed. Still if Hastings had practised strict economy, he would, after all his losses, have had a moderate competence; but in the management of his private affairs he was imprudent. The dearest wish of his heart had always been to regain Daylesford. At length, in the very year in which his trial commenced, the wish was accomplished; and the domain, alienated more than seventy years before, returned to the descendant of its old lords. But the manor-house was a ruin; and the grounds round it had, during many years, been utterly neglected. Hastings proceeded to build, to plant, to form a sheet of water, to excavate a grotto; and, before he was dismissed from the bar of the House of Lords, he had expended more than forty thousand pounds in adorning his seat.

The general feeling both of the Directors and of the proprietors of the East India Company was that he had great claims on them, that his services to them had been eminent, and that his misfortunes had been the effect of his zeal for their interest.

His friends in Leadenhall Street proposed to reimburse him the costs of his trial, and to settle on him an annuity of five thousand pounds a year. But the consent of the Board of Control was necessary; and at the head of the Board of Control was Mr.

Dundas, who had himself been a party to the impeachment, who had, on, that account, been reviled with great bitterness by the adherents of Hastings, and who, therefore, was not in a very complying mood. He refused to consent to what the Directors suggested. The Directors remonstrated. A long controversy followed. Hastings, in the meantime, was reduced to such distress that he could hardly pay his weekly bills. At length a compromise was made. An annuity for life of four thousand pounds was settled on Hastings; and in order to enable him to meet pressing demands, he was to receive ten years' annuity in advance. The Company was also permitted to lend him fifty thousand pounds, to be repaid by instalments without interest. This relief, though given in the most absurd manner, was sufficient to enable the retired Governor to live in comfort, and even in luxury, if he had been a skilful manager. But he was careless and profuse, and was more than once under the necessity of applying to the Company for a.s.sistance, which was liberally given.

He had security and affluence, but not the power and dignity which, when he landed from India, he had reason to expect. He had then looked forward to a coronet, a red riband, a seat at the Council Board, an office at Whitehall. He was then only fifty- two, and might hope for many years of bodily and mental vigour.

The case was widely different when he left the bar of the Lords.

He was now too old a man to turn his mind to a new cla.s.s of studies and duties. He had no chance of receiving any mark of royal favour while Mr. Pitt remained in power; and, when Mr. Pitt retired, Hastings was approaching his seventieth year.

Once, and only once, after his acquittal, he interfered in politics; and that interference was not much to his honour. In 1804 he exerted himself strenuously to prevent Mr. Addington, against whom Fox and Pitt had combined, from resigning the Treasury. It is difficult to believe that a man, so able and energetic as Hastings, can have thought that, when Bonaparte was at Boulogne with a great army, the defence of our island could safely be intrusted to a ministry which did not contain a single person whom flattery could describe as a great statesman. It is also certain that, on the important question which had raised Mr.

Addington to power, and on which he differed from both Fox and Pitt, Hastings, as might have been expected, agreed with Fox and Pitt, and was decidedly opposed to Addington. Religious intolerance has never been the vice of the Indian service, and certainly was not the vice of Hastings. But Mr. Addington had treated him with marked favour. Fox had been a princ.i.p.al manager of the impeachment. To Pitt it was owing that there had been an impeachment; and Hastings, we fear, was on this occasion guided by personal considerations, rather than by a regard to the public interest.

The last twenty-four years of his life were chiefly pa.s.sed at Daylesford. He amused himself with embellis.h.i.+ng his grounds, riding fine Arab horses, fattening prize-cattle, and trying to rear Indian animals and vegetables in England. He sent for seeds of a very fine custard-apple, from the garden of what had once been his own villa, among the green hedgerows of Allipore.

He tried also to naturalise in Worcesters.h.i.+re the delicious leechee, almost the only fruit of Bengal which deserves to be regretted even amidst the plenty of Covent Garden. The Mogul emperors, in the time of their greatness, had in vain attempted to introduce into Hindostan the goat of the table-land of Thibet, whose down supplies the looms of Cashmere with the materials of the finest shawls. Hastings tried, with no better fortune, to rear a breed at Daylesford; nor does he seem to have succeeded better with the cattle of Bootan, whose tails are in high esteem as the best fans for brus.h.i.+ng away the mosquitoes.

Literature divided his attention with his conservatories and his menagerie. He had always loved books, and they were now necessary to him. Though not a poet, in any high sense of the word, he wrote neat and polished lines with great facility, and was fond of exercising this talent. Indeed, if we must speak out, he seems to have been more of a Trissotin than was to be expected from the powers of his mind, and from the great part which he had played in life. We are a.s.sured in these Memoirs that the first thing which he did in the morning was to write a copy of verses. Men the family and guests a.s.sembled, the poem made its appearance as regularly as the eggs and rolls; and Mr. Gleig requires us to believe that, if from any accident Hastings came to the breakfast-table without one of his charming performances in his hand, the omission was felt by all as a grievous disappointment.

Tastes differ widely. For ourselves, we must say that, however good the breakfasts at Daylesford may have been,--and we are a.s.sured that the tea was of the most aromatic flavour, and that neither tongue nor venison-pasty was wanting,--we should have thought the reckoning high if we had been forced to earn our repast by listening every day to a new madrigal or sonnet composed by our host. We are glad, however, that Mr. Gleig has preserved this little feature of character, though we think it by no means a beauty. It is good to be often reminded of the inconsistency of human nature, and to learn to look without wonder or disgust on the weaknesses which are found in the strongest minds. Dionysius in old times, Frederic in the last century, with capacity and vigour equal to the conduct of the greatest affairs, united all the little vanities and affectations of provincial bluestockings. These great examples may console the admirers of Hastings for the affliction of seeing him reduced to the level of the Hayleys and Sewards.

When Hastings had pa.s.sed many years in retirement, and had long outlived the common age of men, he again became for a short time an object of general attention. In 1813 the charter of the East India Company was renewed; and much discussion about Indian affairs took place in Parliament. It was determined to examine witnesses at the bar of the Commons; and Hastings was ordered to attend. He had appeared at that bar once before. It was when he read his answer to the charges which Burke had laid on the table.

Since that time twenty-seven years had elapsed; public feeling had undergone a complete change; the nation had now forgotten his faults, and remembered only his services. The reappearance, too, of a man who had been among the most distinguished of a generation that had pa.s.sed away, who now belonged to history, and who seemed to have risen from the dead, could not but produce a solemn and pathetic effect. The Commons received him with acclamations, ordered a chair to be set for him, and, when he retired, rose and uncovered. There were, indeed, a few who did not sympathise with the general feeling. One or two of the managers of the impeachment were present. They sate in the same seats which they had occupied when they had been thanked for the services which they had rendered in Westminster Hall: for, by the courtesy of the House, a member who has been thanked in his place is considered as having a right always to occupy that place.

These gentlemen were not disposed to admit that they had employed several of the best years of their lives in persecuting an innocent man. They accordingly kept their seats, and pulled their hats over their brows; but the exceptions only made the prevailing enthusiasm more remarkable. The Lords received the old man with similar tokens of respect. The University of Oxford conferred on him the degree of Doctor of Laws; and, in the Sheldonian Theatre, the undergraduates welcomed him with tumultuous cheering.

These marks of public esteem were soon followed by marks of royal favour. Hastings was sworn of the Privy Council, and was admitted to a long private audience of the Prince Regent, who treated him very graciously. When the Emperor of Russia and the King of Prussia visited England, Hastings appeared in their train both at Oxford and in the Guildhall of London, and, though surrounded by a crowd of princes and great warriors, was everywhere received with marks of respect and admiration. He was presented by the Prince Regent both to Alexander and to Frederic William; and his Royal Highness went so far as to declare in public that honours far higher than a seat in the Privy Council were due, and would soon be paid, to the man who had saved the British dominions in Asia. Hastings now confidently expected a peerage; but, from some unexplained cause, he was again disappointed.

He lived about four years longer, in the enjoyment of good spirits, of faculties not impaired to any painful or degrading extent, and of health such as is rarely enjoyed by those who attain such an age. At length, on the twenty-second of August, 1818, in the eighty-sixth year of his age, he met death with the same tranquil and decorous fort.i.tude which he had opposed to all the trials of his various and eventful life.

With all his faults,--and they were neither few nor small--only one cemetery was worthy to contain his remains. In that temple of silence and reconciliation where the enmities of twenty generations lie buried, in the Great Abbey which has during many ages afforded a quiet resting-place to those whose minds and bodies have been shattered by the contentions of the Great Hall, the dust of the ill.u.s.trious accused should have mingled with the dust of the ill.u.s.trious accusers. This was not to be. Yet the place of interment was not ill chosen. Behind the chancel of the parish church of Daylesford, in earth which already held the bones of many chiefs of the house of Hastings, was laid the coffin of the greatest man who has ever borne that ancient and widely extended name. On that very spot probably, four-score years before, the little Warren, meanly clad and scantily fed, had played with the children of ploughmen. Even then his young mind had revolved plans which might be called romantic. Yet, however romantic, it is not likely that they had been so strange as the truth. Not only had the poor orphan retrieved the fallen fortunes of his line--not only had he repurchased the old lands, and rebuilt the old dwelling--he had preserved and extended an empire. He had founded a polity. He had administered government and war with more than the capacity of Richelieu. He had patronised learning with the judicious liberality of Cosmo. He had been attacked by the most formidable combination of enemies that ever sought the destruction of a single victim; and over that combination, after a struggle of ten years, he had triumphed. He had at length gone down to his grave in the fulness of age, in peace, after so many troubles, in honour, after so much obloquy.

Those who look on his character without favour or malevolence will p.r.o.nounce that, in the two great elements of all social virtue, in respect for the rights of others, and in sympathy for the sufferings of others, he was deficient. His principles were somewhat lax. His heart was somewhat hard. But though we cannot with truth describe him either as a righteous or as a merciful ruler, we cannot regard without admiration the amplitude and fertility of his intellect, his rare talents for command, for administration, and for controversy, his dauntless courage, his honourable poverty, his fervent zeal for the interests of the State, his n.o.ble equanimity, tried by both extremes of fortune, and never disturbed by either.

LORD HOLLAND

(July 1841)

The Opinions of Lord Holland, as recorded in the journals of the House of Lords from 1797 to 1841. Collected and edited by D. C.

MOYLAN, of Lincoln's Inn, Barrister-at-law. 8vo. London: 1841.

Many reasons make it impossible for us to lay before our readers, at the present moment, a complete view of the character and public career of the late Lord Holland. But we feel that we have already deferred too long the duty of paying some tribute to his memory. We feel that it is more becoming to bring without further delay an offering, though intrinsically of little value, than to leave his tomb longer without some token of our reverence and love.

We shall say very little of the book which lies on our table. And yet it is a book which, even if it had been the work of a less distinguished man, or had appeared under circ.u.mstances less interesting, would have well repaid an attentive perusal. It is valuable, both as a record of principles and as a model of composition. We find in it all the great maxims which, during more than forty years, guided Lord Holland's public conduct, and the chief reasons on which those maxims rest, condensed into the smallest possible s.p.a.ce, and set forth with admirable perspicuity, dignity, and precision. To his opinions on Foreign Policy we for the most part cordially a.s.sent; but now and then we are inclined to think them imprudently generous. We could not have signed the protest against the detention of Napoleon. The Protest respecting the course which England pursued at the Congress of Verona, though it contains much that is excellent, contains also positions which, we are inclined to think, Lord Holland would, at a later period, have admitted to be unsound.

But to all his doctrines on const.i.tutional questions, we give our hearty approbation; and we firmly believe that no British Government has ever deviated from that line of internal policy which he has traced, without detriment to the public.

We will give, as a specimen of this little volume, a single pa.s.sage, in which a chief article of the political creed of the Whigs is stated and explained, with singular clearness, force, and brevity. Our readers will remember that, in 1825, the Catholic a.s.sociation raised the cry of emanc.i.p.ation with most formidable effect. The Tories acted after their kind. Instead of removing the grievance they tried to put down the agitation, and brought in a law, apparently sharp and stringent, but in truth utterly impotent, for restraining the right of pet.i.tion. Lord Holland's Protest on that occasion is excellent:

"We are," says he, "well aware that the privileges of the people, the rights of free discussion, and the spirit and letter of our popular inst.i.tutions, must render,--and they are intended to render,--the continuance of an extensive grievance and of the dissatisfaction consequent thereupon, dangerous to the tranquillity of the country, and ultimately subversive of the authority of the State. Experience and theory alike forbid us to deny that effect of a free const.i.tution; a sense of justice and a love of liberty equally deter us from lamenting it. But we have always been taught to look for the remedy of such disorders in the redress of the grievances which justify them, and in the removal of the dissatisfaction from which they flow--not in restraints on ancient privileges, not in inroads on the right of public discussion, nor in violations of the principles of a free government. If, therefore, the legal method of seeking redress, which has been resorted to by persons labouring under grievous disabilities, be fraught with immediate or remote danger to the State, we draw from that circ.u.mstance a conclusion long since foretold by great authority--namely, that the British const.i.tution, and large exclusions, cannot subsist together; that the const.i.tution must destroy them, or they will destroy the const.i.tution."

It was not, however, of this little book, valuable and interesting as it is, but of the author, that we meant to speak; and we will try to do so with calmness and impartiality.

In order to fully appreciate the character of Lord Holland, it is necessary to go far back into the history of his family; for he had inherited something more than a coronet and an estate. To the House of which he was the head belongs one distinction which we believe to be without a parallel in our annals. During more than a century, there has never been a time at which a Fox has not stood in a prominent station among public men. Scarcely had the chequered career of the first Lord Holland closed, when his son, Charles, rose to the head of the Opposition, and to the first rank among English debaters. And before Charles was borne to Westminster Abbey a third Fox had already become one of the most conspicuous politicians in the kingdom.

It is impossible not to be struck by the strong family likeness which, in spite of diversities arising from education and position, appears in these three distinguished persons. In their faces and figures there was a resemblance, such as is common enough in novels, where one picture is good for ten generations, but such as in real life is seldom found. The ample person, the ma.s.sy and thoughtful forehead, the large eyebrows, the full cheek and lip, the expression, so singularly compounded of sense, humour, courage, openness, a strong will and a sweet temper, were common to all. But the features of the founder of the House, as the pencil of Reynolds and the chisel of Nollekens have handed them down to us, were disagreeably harsh and exaggerated. In his descendants, the aspect was preserved, but it was softened, till it became, in the late lord, the most gracious and interesting countenance that was ever lighted up by the mingled l.u.s.tre of intelligence and benevolence.

As it was with the faces of the men of this n.o.ble family, so was it also with their minds. Nature had done much for them all. She had moulded them all of that clay of which she is most sparing.

To all she had given strong reason and sharp wit, a quick relish for every physical and intellectual enjoyment, const.i.tutional intrepidity, and that frankness by which const.i.tutional intrepidity is generally accompanied, spirits which nothing could depress, tempers easy, generous, and placable, and that genial courtesy which has its seat in the heart, and of which artificial politeness is only a faint and cold imitation. Such a disposition is the richest inheritance that ever was entailed on any family.

But training and situation greatly modified the fine qualities which nature lavished with such profusion on three generations of the house of Fox. The first Lord Holland was a needy political adventurer. He entered public life at a time when the standard of integrity among statesmen was low. He started as the adherent of a minister who had indeed many t.i.tles to respect, who possessed eminent talents both for administration and for debate, who understood the public interest well, and who meant fairly by the country, but who had seen so much perfidy and meanness that he had become sceptical as to the existence of probity. Weary of the cant of patriotism, Walpole had learned to talk a cant of a different kind. Disgusted by that sort of hypocrisy which is at least a homage to virtue, he was too much in the habit of practising the less respectable hypocrisy which ostentatiously displays, and sometimes even simulates vice. To Walpole Fox attached himself, politically and personally, with the ardour which belonged to his temperament. And it is not to be denied that in the school of Walpole he contracted faults which destroyed the value of his many great endowments. He raised himself, indeed, to the first consideration in the House of Commons; he became a consummate master of the art of debate; he attained honours and immense wealth; but the public esteem and confidence were withheld from him. His private friends, indeed, justly extolled his generosity and good nature. They maintained that in those parts of his conduct which they could least defend there was nothing sordid, and that, if he was misled, he was misled by amiable feelings, by a desire to serve his friends, and by anxious tenderness for his children. But by the nation he was regarded as a man of insatiable rapacity and desperate ambition; as a man ready to adopt, without scruple, the most immoral and the most unconst.i.tutional manners; as a man perfectly fitted, by all his opinions and feelings, for the work of managing the Parliament by means of secret-service money, and of keeping down the people with the bayonet. Many of his contemporaries had a morality quite as lax as his: but very few among them had his talents, and none had his hardihood and energy. He could not, like Sandys and Doddington, find safety in contempt. He therefore became an object of such general aversion as no statesman since the fall of Strafford has incurred, of such general aversion as was probably never in any country incurred by a man of so kind and cordial a disposition. A weak mind would have sunk under such a load of unpopularity. But that resolute spirit seemed to derive new firmness from the public hatred. The only effect which reproaches appeared to produce on him, was to sour, in some degree, his naturally sweet temper. The last acts of his public life were marked, not only by that audacity which he had derived from nature, not only by that immorality which he had learned in the school of Walpole, but by a harshness which almost amounted to cruelty, and which had never been supposed to belong to his character. His severity increased the unpopularity from which it had sprung. The well-known lampoon of Gray may serve as a specimen of the feeling of the country. All the images are taken from s.h.i.+pwrecks, quicksands, and cormorants. Lord Holland is represented as complaining, that the cowardice of his accomplices bad prevented him from putting down the free spirit of the city of London by sword and fire, and as pining for the time when birds of prey should make their nests in Westminster Abbey, and unclean beasts burrow in St. Paul's.

Within a few months after the death of this remarkable man, his second son Charles appeared at the head of the party opposed to the American War. Charles had inherited the bodily and mental const.i.tution of his father, and had been much, far too much, under his father's influence. It was indeed impossible that a son of so affectionate and n.o.ble a nature should not have been warmly attached to a parent who possessed many fine qualities, and who carried his indulgence and liberality towards his children even to a culpable extent. Charles saw that the person to whom he was bound by the strongest ties was, in the highest degree, odious to the nation; and the effect was what might have been expected from the strong pa.s.sions and const.i.tutional boldness of so high- spirited a youth. He cast in his lot with his father, and took, while still a boy, a deep part in the most unjustifiable and unpopular measures that had been adopted since the reign of James the Second. In the debates on the Middles.e.x Election, he distinguished himself, not only by his precocious powers of eloquence, but by the vehement and scornful manner in which he bade defiance to public opinion. He was at that time regarded as a man likely to be the most formidable champion of arbitrary government that had appeared since the Revolution, to be a Bute with far greater powers, a Mansfield with far greater courage.

Happily his father's death liberated him early from the pernicious influence by which he had been misled. His mind expanded. His range of observation became wider. His genius broke through early prejudices. His natural benevolence and magnanimity had fair play. In a very short time he appeared in a situation worthy of his understanding and of his heart. From a family whose name was a.s.sociated in the public mind with tyranny and corruption, from a party of which the theory and the practice were equally servile, from the midst of the Luttrells, the Dysons, the Barringtons, came forth the greatest parliamentary defender of civil and religious liberty.

The late Lord Holland succeeded to the talents and to the fine natural dispositions of his House. But his situation was very different from that of the two eminent men of whom we have spoken. In some important respects it was better, in some it was worse than theirs. He had one great advantage over them. He received a good political education. The first lord was educated by Sir Robert Walpole. Mr. Fox was educated by his father. The late lord was educated by Mr. Fox. The pernicious maxims early imbibed by the first Lord Holland, made his great talents useless and worse than useless to the State. The pernicious maxims early imbibed by Mr. Fox, led him, at the commencement of his public life, into great faults which, though afterwards n.o.bly expiated, were never forgotten. To the very end of his career, small men, when they had nothing else to say in defence of their own tyranny, bigotry, and imbecility, could always raise a cheer by some paltry taunt about the election of Colonel Luttrell, the imprisonment of the lord mayor, and other measures in which the great Whig leader had borne a part at the age of one or two and twenty. On Lord Holland no such slur could be thrown. Those who most dissent from his opinions must acknowledge that a public life more consistent is not to be found in our annals. Every part of it is in perfect harmony with every other part; and the whole is in perfect harmony with the great principles of toleration and civil freedom. This rare felicity is in a great measure to be attributed to the influence of Mr. Fox. Lord Holland, as was natural in a person of his talents and expectations, began at a very early age to take the keenest interest in politics; and Mr.

Fox found the greatest pleasure in forming the mind of so hopeful a pupil. They corresponded largely on political subjects when the young lord was only sixteen; and their friends.h.i.+p and mutual confidence continued to the day of that mournful separation at Chiswick. Under such training such a man as Lord Holland was in no danger of falling into those faults which threw a dark shade over the whole career of his grandfather, and from which the youth of his uncle was not wholly free.

On the other hand, the late Lord Holland, as compared with his grandfather and his uncle, laboured under one great disadvantage.

They were members of the House of Commons. He became a Peer while still an infant. When he entered public life, the House of Lords was a very small and a very decorous a.s.sembly. The minority to which he belonged was scarcely able to muster five or six votes on the most important nights, when eighty or ninety lords were present. Debate had accordingly become a mere form, as it was in the Irish House of Peers before the Union. This was a great misfortune to a man like Lord Holland. It was not by occasionally addressing fifteen or twenty solemn and unfriendly auditors that his grandfather and his uncle attained their unrivalled parliamentary skill. The former had learned his art in "the great Walpolean battles," on nights when Onslow was in the chair seventeen hours without intermission, when the thick ranks on both sides kept unbroken order till long after the winter sun had risen upon them, when the blind were led out by the hand into the lobby and the paralytic laid down in their bed-clothes on the benches. The powers of Charles Fox were, from the first, exercised in conflicts not less exciting. The great talents of the late Lord Holland had no such advantage. This was the more unfortunate, because the peculiar species of eloquence which belonged to him in common with his family required much practice to develop it. With strong sense, and the greatest readiness of wit, a certain tendency to hesitation was hereditary in the line of Fox. This hesitation arose, not from the poverty, but from the wealth of their vocabulary. They paused, not from the difficulty of finding one expression, but from the difficulty of choosing between several. It was only by slow degrees and constant exercise that the first Lord Holland and his son overcame the defect. Indeed neither of them overcame it completely.

In statement, the late Lord Holland was not successful; his chief excellence lay in reply. He had the quick eye of his house for the unsound parts of an argument, and a great felicity in exposing them. He was decidedly more distinguished in debate than any peer of his time who had not sat in the House of Commons.

Nay, to find his equal among persons similarly situated, we must go back eighty years to Earl Granville. For Mansfield, Thurlow, Loughborough, Grey, Grenville, Brougham, Plunkett, and other eminent men, living and dead, whom we will not stop to enumerate, carried to the Upper House an eloquence formed and matured in the Lower. The opinion of the most discerning judges was that Lord Holland's oratorical performances, though sometimes most successful, afforded no fair measure of his oratorical powers, and that, in an a.s.sembly of which the debates were frequent and animated, he would have attained a very high order of excellence.

It was, indeed, impossible to listen to his conversation without seeing that he was born a debater. To him, as to his uncle, the exercise of the mind in discussion was a positive pleasure. With the greatest good nature and good breeding, he was the very opposite to an a.s.senter. The word "disputatious" is generally used as a word of reproach; but we can express our meaning only by saying that Lord Holland was most courteously and pleasantly disputatious. In truth, his quickness in discovering and apprehending distinctions and a.n.a.logies was such as a veteran judge might envy. The lawyers of the Duchy of Lancaster were astonished to find in an unprofessional man so strong a relish for the esoteric parts of their science, and complained that as soon as they had split a hair, Lord Holland proceeded to split the filaments into filaments still finer. In a mind less happily const.i.tuted, there might have been a risk that this turn for subtilty would have produced serious evil. But in the heart and understanding of Lord Holland there was ample security against all such danger. He was not a man to be the dupe of his own ingenuity. He put his logic to its proper use; and in him the dialectician was always subordinate to the statesman.

His political life is written in the chronicles of his country.

Critical and Historical Essays Volume I Part 39

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