it should be fully ascertained that the | biographers excepted, that Hastings feeling at the India House was adverse to the Governor-General.

was the real mover in the business.

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

The triumph of Nuncomar seemed to be complete. He held a daily levee, to which his countrymen resorted in crowds, and to which, on one occasion, the majority of the Council condescended to repair. His house was an office for the purpose of receiving charges against the Governor-General. It was said that, partly by threats, and partly by wheedling, the villanous Brahmin had induced many of the wealthiest men of the province to send in complaints. But he was playing a perilous game. It was not safe to drive to despair a man of such resources and of such determination as Hastings. Nuncomar, with all his acuteness, did not understand the nature of the institutions under which he lived. He saw that he had with him the majority of the body which made treaties, gave places, raised taxes. The separation between political and judicial functions was a thing of which he had no conception. It had probably never occurred to him that there was in Bengal an authority perfectly independent of the Council, an authority which could pro-struction, the effect of the statute under tect one whom the Council wished to destroy, and send to the gibbet 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.

one

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

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 con

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 others 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

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.

was great. Francis and Francis's few story, which in itself is by no means English adherents described the Go- improbable. vernor-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 Ben- The next morning, before the sun galees ascribe far more importance was in his power, an immense conthan to the correct discharge of the course assembled round the place where social duties. They felt, therefore, as a the gallows had been set up. Grief and devout Catholic in the dark ages would horror were on every face; yet to the have felt, at seeing a prelate of the high- last the multitude could hardly believe est dignity sent to the gallows by a se- that the English really purposed to take cular tribunal. According to their old the life of the great Brahmin. At length national laws, a Brahmin could not be the mournful procession came through put to death for any crime whatever. the crowd. Nuncomar sat up in his And the crime for which Nuncomar palanquin, and looked round him with was about to die was regarded by them unaltered serenity. He had just parted in much the same light in which the from those who were most nearly conselling of an unsound horse, for a sound nected with him. Their cries and conprice, is regarded by a Yorkshire jockey. tortions had appalled the European The Mussulmans alone appear to ministers of justice, but had not prohave seen with exultation the fate of duced the smallest effect on the iron the powerful Hindoo, who had at-stoicism of the prisoner. The only tempted to rise by means of the ruin of anxiety which he expressed was that Mahommed Reza Khan. The Mahom- men of his own priestly caste might be medan historian of those times takes in attendance to take charge of his delight in aggravating the charge. He corpse. He again desired to be rememassures us that in Nuncomar's house a bered to his friends in the Council, casket was found containing counter-mounted the scaffold with firmness, feits of the seals of all the richest men of the province. We have never fallen in with any other authority for this

and gave the signal to the executioner. The moment that the drop fell, a howl of sorrow and despair rose from the in

numerable spectators. Hundreds turned | cerned. Not a day passes on which an away their faces from the polluting honest prosecutor does not ask for what sight, fled with loud wailings towards none but a dishonest tribunal would the Hoogley, and plunged into its holy grant. It is too much to expect that waters, as if to purify themselves from any man, when his dearest interests are the guilt of having looked on such a at stake, and his strongest passions excrime. These feelings were not confined cited, will, as against himself, be more to Calcutta. The whole province was just than the sworn dispensers of jusgreatly excited; and the population of tice. To take an analogous case from Dacca, in particular, gave strong signs the history of our own island; suppose of grief and dismay. 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

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, to intercept the mercy of the Crown? three or four years later, described Impey as the man "to whose support he was at one time indebted for the safety of his fortune, honour, and reputation." These strong words can refer only to the case of Nuncomar; and they must mean that Impey hanged Nuncomar in order to support Hastings. It is, therefore, our deliberate opinion that Impey, sitting as a judge, put a man unjustly to death in order to serve a political purpose.

We think not. If a judge, indeed, from favour to the Catholic lords, were to strain the law in order to hang Oates, such a judge would richly deserve impeachment. But it does not appear to us that the Catholic lord, by bringing the 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 But we look on the conduct of Hast- doubt whether it can with justice be ings in a somewhat different light. He reckoned among his crimes. That his was struggling for fortune, honour, li- conduct was dictated by a profound berty, all that makes life valuable. He policy is evident. He was in a miwas beset by rancorous and unprin- nority in Council. It was possible that cipled enemies. From his colleagues he might long be in a minority. He he could expect no justice. He cannot knew the native character well. He be blamed for wishing to crush his knew in what abundance accusations accusers. He was indeed bound to use are certain to flow in against the most only legitimate means for that end. But innocent inhabitant of India who is it was not strange that he should have under the frown of power. There was thought any means legitimate which not in the whole black population of were pronounced legitimate by the sages Bengal a place-holder, a place-hunter, of the law, by men whose peculiar duty a government tenant, who did not it was to deal justly between adver- think that he might better himself by saries, and whose education might be sending up a deposition against the supposed to have peculiarly qualified Governor-General. Under these cirthem for the discharge of that duty. cumstances, the persecuted statesman Nobody demands from a party the un-resolved to teach the whole crew of bending equity of a judge. The reason accusers and witnesses, that, though that judges are appointed is, that even in a minority at the council-board, he a good man cannot be trusted to decide was still to be feared. The lesson a cause in which he is himself con- which he gave them was indeed a les

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."

son not to be forgotten. The head of means obtained pecuniary advantages, the combination which had been he had done so, not for his own benefit, formed against him, the richest, the but in order to meet their demands. most powerful, the most artful of the Hindoos, distinguished by the favour of those who then held the government, fenced round by the superstitious reverence of millions, was hanged in broad day before many thousands of people. Every thing that could The Regulating Act, by which Hastmake the warning impressive, dignity ings had been appointed Governorin the sufferer, solemnity in the pro- General for five years, empowered the ceeding, was found in this case. The Crown to remove him on an address helpless rage and vain struggles of the from the Company. Lord North was Council made the triumph more signal. desirous to procure such an address. From that moment the conviction of The three members of Council who every native was that it was safer to had been sent out from England were take the part of Hastings in a minority men of his own choice. General Clathan that of Francis in a majority, and vering, in particular, was supported by that he who was so venturous as to a large parliamentary connection, such join in running down the Governor-as no cabinet could be inclined to disGeneral might chance, in the phrase of oblige. The wish of the minister was the Eastern poet, to find a tiger, while to displace Hastings, and to put Clabeating the jungle for a deer. The vering at the head of the government. voices of a thousand informers were In the Court of Directors parties were silenced in an instant. From that very nearly balanced. Eleven voted time, whatever difficulties Hastings might have to encounter, he was never molested by accusations from natives of India.

against Hastings; ten for him. The Court of Proprietors was then convened. The great sale-room presented a singular appearance. Letters had It is a remarkable circumstance that been sent by the Secretary of the Treaone of the letters of Hastings to Dr. sury, exhorting all the supporters of Johnson bears date a very few hours government who held India stock to after the death of Nuncomar. While be in attendance. Lord Sandwich the whole settlement was in commo- marshalled the friends of the administion, while a mighty and ancient priest-tration with his usual dexterity and hood 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.

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

In the mean time, intelligence of the Rohilla war, and of the first disputes between Hastings and his colleagues, the Directors and the Cabinet. The had reached London. The Directors took part with the majority, and sent out a letter filled with severe reflections on the conduct of Hastings. They condemned, in strong but just terms, the iniquity of undertaking offensive wars merely for the sake of pecuniary advantage. But they utterly forgot that, if Hastings had by illicit

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 | he had ceased to be Governor-General, this conflict had zealously supported that his resignation had been accepted, the cause of Hastings, now thought that Wheler was coming out immethat his employer was in imminent diately, and that, till Wheler arrived, danger of being turned out, branded the chair was to be filled by Clavering. with parliamentary censure, perhaps Had Hastings still been in a miprosecuted. The opinion of the crown nority, he would probably have relawyers had already been taken re- tired without a struggle; but he was specting some parts of the Governor- now the real master of British India, General's conduct. It seemed to be and he was not disposed to quit his high time to think of securing an high place. He asserted that he had honourable retreat. Under these cir- never given any instructions which cumstances, Macleane thought himself could warrant the steps taken at home. justified in producing the resignation What his instructions had been, he with which he had been intrusted. owned he had forgotten. If he had The instrument was not in very accu-kept a copy of them he had mislaid it. rate 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 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 Cla

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 re-vering gave Hastings an advantage. taliate on his adversaries. Their mea- The General sent for the keys of the sures were reversed: their creatures fort and of the treasury, took posseswere displaced. A new valuation of sion of the records, and held a council the lands of Bengal, for the purposes at which Francis attended. Hastings of taxation, was ordered and it was took the chair in another apartment, provided that the whole inquiry should and Barwell sat with him. Each of be conducted by the Governor-Gene- the two parties had a plausible show ral, and that all the letters relating to of right. There was no authority enit should run in his name. He began, titled to their obedience within fifteen at the same time, to revolve vast plans thousand miles. It seemed that there of conquest and dominion, plans which remained no way of settling the dishe lived to see realised, though not by pute except an appeal to arms; and himself. His project was to form from such an appeal Hastings, confisubsidiary alliances with the native dent of his influence over his countryprinces, particularly with those of men in India, was not inclined to Oude and Berar, and thus to make shrink. He directed the officers of the Britain the paramount power in India. garrison at Fort William and of all While he was meditating these great the neighbouring stations to obey no designs, arrived the intelligence that orders but his. At the same time,

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