Critical and Historical Essays Volume III Part 6

But the inconsistency was at once manifest to their vicegerent at Calcutta, who, with an empty treasury, with an unpaid army, with his own salary often in arrear, with deficient crops, with government tenants daily running away, was called upon to remit home another half million without fail. Hastings saw that it was absolutely necessary for him to disregard either the moral discourses or the pecuniary requisitions of his employers. Being forced to disobey them in something, he had to consider what kind of disobedience they would most readily pardon; and he correctly judged that the safest course would be to neglect the sermons and to find the rupees.

A mind so fertile as his, and so little restrained by conscientious scruples, speedily discovered several modes of relieving the financial embarra.s.sments of the government. The allowance of the Nabob of Bengal was reduced at a stroke from three hundred and twenty thousand pounds a year to half that sum. The Company had bound itself to pay near three hundred thousand pounds a year to the Great Mogul, as a mark of homage for the provinces which he had entrusted to their care; and they had ceded to him the districts of Corah and Allahabad. On the plea that the Mogul was not really independent, but merely a tool in the hands of others, Hastings determined to retract these concessions. He accordingly declared that the English would pay no more tribute, and sent troops to occupy Allahabad and Corah. The situation of these places was such that there would be little advantage and great expense in retaining them.

Hastings, who wanted money and not territory, determined to sell them. A purchaser was not wanting. The rich province of Oude had, in the general dissolution of the Mogul Empire, fallen to the share of the great Mussulman house by which it is still governed. About twenty years ago, this house, by the permission of the British government, a.s.sumed the royal t.i.tle; but, in the time of Warren Hastings, such an a.s.sumption would have been considered by the Mahommedans of India as a monstrous impiety. The Prince of Oude, though he held the power, did not venture to use the style of sovereignty. To the appellation of Nabob or Viceroy, he added that of Vizier of the monarchy of Hindostan, just as in the last century the Electors of Saxony and Brandenburg, though independent of the Emperor, and often in arms against him, were proud to style themselves his Grand Chamberlain and Grand Marshal. Sujah Dowlah, then Nabob Vizier, was on excellent terms with the English. He had a large treasure. Allahabad and Corah were so situated that they might be of use to him and could be of none to the Company. The buyer and seller soon came to an understanding; and the provinces which had been torn from the Mogul were made over to the government of Oude for about half a million sterling.

But there was another matter still more important to be settled by the Vizier and the Governor. The fate of a brave people was to be decided.

It was decided in a manner which has left a lasting stain on the fame of Hastings and of England.

The people of Central Asia had always been to the inhabitants of India what the warriors of the German forests were to the subjects of the decaying monarchy of Rome. The dark, slender, and timid Hindoo shrank from a conflict with the strong muscle and resolute spirit of the fair race, which dwelt beyond the pa.s.ses. There is reason to believe that, at a period anterior to the dawn of regular history, the people who spoke the rich and flexible Sanskrit came from regions lying far beyond the Hyphasis and the Hystaspes, and imposed their yoke on the children of the soil. It is certain that, during the last ten centuries, a succession of invaders descended from the west on Hindostan; nor was the course of conquest ever turned back towards the setting sun, till that memorable campaign in which the cross of St. George was planted on the walls of Ghizni.

The Emperors of Hindostan themselves came from the other side of the great mountain ridge; and it had always been their practice to recruit their army from the hardy and valiant race from which their own ill.u.s.trious house sprang. Among the military adventurers who were allured to the Mogul standards from the neighborhood of Cabul and Candahar were conspicuous several gallant bands, known by the name of the Rohillas. Their services had been rewarded with large tracts of land, fiefs of the spear, if we may use an expression drawn from an a.n.a.logous state of things, in that fertile plain through which the Ramgunga flows from the snowy heights of k.u.maon to join the Ganges. In the general confusion which followed the death of Aurungzebe, the warlike colony became virtually independent. The Rohillas were distinguished from the other inhabitants of India by a peculiarly fair complexion. They were more honorably distinguished by courage in war, and by skill in the arts of peace. While anarchy raged from Lah.o.r.e to Cape Comorin, their little territory enjoyed the blessings of repose under the guardians.h.i.+p of valor. Agriculture and commerce nourished among them; nor were they negligent of rhetoric and poetry. Many persons now living have heard aged men talk with regret of the golden days when the Afghan princes ruled in the vale of Rohilcund.

Sujah Dowlah had set his heart on adding this rich district to his own princ.i.p.ality. Right, or show of right, he had absolutely none. His claim was in no respect better founded than that of Catherine to Poland, or that of the Bonaparte family to Spain. The Rohillas held their country by exactly the same t.i.tle by which he held his, and had governed their country far better than his had ever been governed. Nor were they a people whom it was perfectly safe to attack. Their land was indeed an open plain, dest.i.tute of natural defences; but their veins were full of the high blood of Afghanistan. As soldiers, they had not the steadiness which is seldom found except in company with strict discipline; but their impetuous valor had been proved on many fields of battle. It was said that their chiefs, when united by common peril, could bring eighty thousand men into the field. Sujah Dowlah had himself seen them fight, and wisely shrank from a conflict with them. There was in India one army, and only one, against which even those proud Caucasian tribes could not stand. It had been abundantly proved that neither tenfold odds, nor the martial ardor of the boldest Asiatic nations, could avail aught against English science and resolution. Was it possible to induce the Governor of Bengal to let out to hire the irresistible energies of the imperial people, the skill against which the ablest chiefs of Hindostan were helpless as infants, the discipline which had so often triumphed over the frantic struggles of fanaticism and despair, the unconquerable British courage which is never so sedate and stubborn as towards the close of a doubtful and murderous day?

This was what the Nabob Vizier asked, and what Hastings granted. A bargain was soon struck. Each of the negotiators had what the other wanted. Hastings was in need of funds to carry on the government of Bengal, and to send remittances to London; and Sujah Dowlah had an ample revenue. Sujah Dowlah was bent on subjugating the Rohillas; and Hastings had at his disposal the only force by which the Rohillas could be subjugated. It was agreed that an English army should be lent to the Nabob Vizier, and that, for the loan, he should pay four hundred thousand pounds sterling, besides defraying all the charge of the troops while employed in his service.

"I really cannot see," says Mr. Gleig, "upon what grounds, either of political or moral justice, this proposition deserves to be stigmatized as infamous." If we understand the meaning of words, it is infamous to commit a wicked action for hire, and it is wicked to engage in war without provocation. In this particular war, scarcely one aggravating circ.u.mstance was wanting. The object of the Rohilla war was this, to deprive a large population, who had never done us the least harm, of a good government, and to place them, against their will, under an execrably bad one. Nay, even this is not all. England now descended far below the level even of those petty German princes who, about the same time, sold us troops to fight the Americans. The hussar-mongers of Hesse and Ans.p.a.ch had at least the a.s.surance that the expeditions on which their soldiers were to be employed would be conducted in conformity with the humane rules of civilized warfare. Was the Rohilla war likely to be so conducted? Did the Governor stipulate that it should be so conducted?

He well knew what Indian warfare was. He well knew that the power which he covenanted to put into Sujah Dowlah's hands would, in all probability, be atrociously abused; and he required no guarantee, no promise that it should not be so abused. He did not even reserve to himself the right of withdrawing his aid in case of abuse, however gross. We are almost ashamed to notice Major Scott's absurd plea, that Hastings was justified in letting out English troops to slaughter the Rohillas, because the Rohillas were not of Indian race, but a colony from a distant country. What were the English themselves? Was it for them to proclaim a crusade for the expulsion of all intruders from the countries watered by the Ganges? Did it lie in their mouths to contend that a foreign settler who establishes an empire in India is a _caput lupinum_? What would they have said if any other power had, on such a ground, attacked Madras or Calcutta, without the slightest provocation?

Such a defence was wanting to make the infamy of the transaction complete. The atrocity of the crime, and the hypocrisy of the apology, are worthy of each other.

One of the three brigades of which the Bengal army consisted was sent under Colonel Champion to join Sujah Dowlah's forces. The Rohillas expostulated, entreated, offered a large ransom, but in vain. They then resolved to defend themselves to the last. A b.l.o.o.d.y battle was fought.

"The enemy," says Colonel Champion, "gave proof of a good share of military knowledge; and it is impossible to describe a more obstinate firmness of resolution than they displayed." The dastardly sovereign of Oude fled from the field. The English were left unsupported; but their fire and their charge were irresistible. It was not, however, till the most distinguished chiefs had fallen, fighting bravely at the head of their troops, that the Rohilla ranks gave way. Then the Nabob Vizier and his rabble made their appearance, and hastened to plunder the camp of the valiant enemies, whom they had never dared to look in the face. The soldiers of the Company, trained in an exact discipline, kept unbroken order, while the tents were pillaged by these worthless allies. But many voices were heard to exclaim, "We have had all the fighting, and those rogues are to have all the profit!"

Then the horrors of Indian war were let loose on the fair valleys and cities of Rohilcund. The whole country was in a blaze. More than a hundred thousand people fled from their homes to pestilential jungles, preferring famine, and fever, and the haunts of tigers, to the tyranny of him to whom an English and a Christian government had, for shameful lucre, sold their substance, and their blood, and the honor of their wives and daughters. Colonel Champion remonstrated with the Nabob Vizier, and sent strong representations to Fort William; but the Governor had made no conditions as to the mode in which the war was to be carried on. He had troubled himself about nothing but his forty lacs; and, though he might disapprove of Sujah Dowlah's wanton barbarity, he did not think himself ent.i.tled to interfere, except by offering advice.

This delicacy excites the admiration of the biographer. "Mr. Hastings,"

he says, "could not himself dictate to the Nabob, nor permit the commander of the Company's troops to dictate how the war was to be carried on." No, to be sure. Mr. Hastings had only to put down by main force the brave struggles of innocent men fighting for their liberty.

Their military resistance crushed, his duties ended; and he had then only to fold his arms and look on, while their villages were burned, their children butchered, and their women violated. Will Mr. Gleig seriously maintain this opinion? Is any rule more plain than this, that whoever voluntarily gives to another irresistible power over human beings is bound to take order that such power shall not be barbarously abused? But we beg pardon of our readers for arguing a point so clear.

We hasten to the end of this sad and disgraceful story. The war ceased.

The finest population in India was subjected to a greedy, cowardly, cruel tyrant. Commerce and agriculture languished. The rich province which had tempted the cupidity of Sujah Dowlah became the most miserable part even of his miserable dominions. Yet is the injured nation not extinct. At long intervals gleams of its ancient spirit have flashed forth; and even at this day, valor, and self-respect, and a chivalrous feeling rare among Asiatics, and a bitter remembrance of the great crime of England, distinguish that n.o.ble Afghan race. To this day they are regarded as the best of all sepoys at the cold steel; and it was very recently remarked, by one who had enjoyed great opportunities of observation, that the only natives of India to whom the word "gentleman"

can with perfect propriety be applied are to be found among the Rohillas.

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

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 const.i.tution 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 a.s.sisted 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 pa.s.sed 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 pa.s.sed 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 clerks.h.i.+p 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 circ.u.mstantial 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. n.o.body 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 dest.i.tute 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 p.r.o.ne to malevolence, and p.r.o.ne 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 inst.i.tutions 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 Lancas.h.i.+re and Yorks.h.i.+re.

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 Middles.e.x 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 circ.u.mstances, 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 inst.i.tuted 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 circ.u.mstantial 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 pa.s.sed, 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 doc.u.ment 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 a.s.sertions. 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 fas.h.i.+on 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 establis.h.i.+ng 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 inst.i.tutions 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 a.s.sizes commenced; a true bill was found; and Nuncomar was brought before Sir Elijah Impey and a jury composed of Englishmen. A great quant.i.ty 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 p.r.o.nounced 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 pa.s.sed 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 circ.u.mstances, 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 a.s.sa.s.sination. 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 cla.s.ses 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 compa.s.sion for a man who, with all his crimes, had so long filled so large a s.p.a.ce 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 superst.i.tious 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 Yorks.h.i.+re 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 a.s.sures 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 fort.i.tude 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 a.s.sured him that no indulgence, consistent with the law, should be refused to him. Nuncomar expressed his grat.i.tude 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 G.o.d.

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 pa.s.sed, and Nuncomar sat composedly down to write notes and examine accounts.

The next morning, before the sun was in his power, an immense concourse a.s.sembled round the place where the gallows had been set up. Grief and horror were on every face; yet to the last the mult.i.tude 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 wis.h.i.+ng 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 p.r.o.nounced 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. n.o.body 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 pa.s.ses 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 pa.s.sions excited, will, as against himself, be more just than the sworn dispensers of justice. To take an a.n.a.logous 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 t.i.tus 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 inst.i.tuted, for furnis.h.i.+ng 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 circ.u.mstances, 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 superst.i.tious 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 circ.u.mstance 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.