with admirable judgment, he offered to |ing vote, was still the master. Some submit the case to the Supreme Court, change took place at this time in the and to abide by its decision. By feeling both of the Court of Directors making this proposition he risked and of the Ministers of the Crown. nothing; yet it was a proposition All designs against Hastings were which his opponents could hardly re-dropped; and, when his original term ject. Nobody could be treated as a of five years expired, he was quietly criminal for obeying what the judges reappointed. The truth is, that the should solemnly pronounce to be the fearful dangers to which the public inlawful government. The boldest man terests in every quarter were now exwould shrink from taking arms in de- posed, made both Lord North and the fence of what the judges should pro- Company unwilling to part with a Gonounce to be usurpation. Clavering vernor whose talents, experience, and and Francis, after some delay, unwil-resolution, enmity itself was compelled lingly consented to abide by the award to acknowledge. of the court. The court pronounced that the resignation was invalid, and that therefore Hastings was still Governor-General under the Regulating Act; and the defeated members of the Council, finding that the sense of the whole settlement was against them, acquiesced in the decision. In The crisis was indeed formidable. That great and victorious empire, on the throne of which George the Third had taken his seat eighteen years before, with brighter hopes than had attended the accession of any of the long line of English sovereigns, had, by the most senseless misgovernment, been About this time arrived the news brought to the verge of ruin. that, after a suit which had lasted America millions of Englishmen were several years, the Franconian courts at war with the country from which had decreed a divorce between Imhoff their blood, their language, their reand his wife. The Baron left Cal-ligion, and their institutions were decutta, carrying with him the means of buying an estate in Saxony. The lady became Mrs. Hastings. The event was celebrated by great festivities; and all the most conspicuous persons at Calcutta, without distinction of parties, were invited to the Government-house. Clavering, as the Mahommedan chronicler tells the story, was sick in mind and body, and excused himself from joining the splendid assembly. But Hastings, whom, as it should seem, success in ambition and in love had put into high good-humour, would take no denial. He went himself to the General's house, and at length brought his vanquished rival in triumph to the gay circle which surrounded the bride. The exertion was too much for a frame broken by mortification as well as by disease. Clavering died a few days later. Wheler, who came out expecting to be Governor-General, and was forced to content himself with a seat at the council-board, generally voted with Francis. But the Governor-General, with Barwell's help and his own cast rived, and to which, but a short time before, they had been as strongly attached as the inhabitants of Norfolk and Leicestershire. The great powers of Europe, humbled to the dust by the vigour and genius which had guided the councils of George the Second, now rejoiced in the prospect of a signal revenge. The time was approaching when our island, while struggling to keep down the United States of America, and pressed with a still nearer danger by the too just discontents of Ireland, was to be assailed by France, Spain, and Holland, and to be threatened by the armed neutrality of the Baltic; when even our maritime supremacy was to be in jeopardy; when hostile fleets were to command the Straits of Calpe and the Mexican Sea; when the British flag was to be scarcely able to protect the British Channel. Great as were the faults of Hastings, it was happy for our country that at that conjuncture, the most terrible through which she has ever passed, he was the ruler of her Indian dominions. An attack by sea on Bengal was little to be apprehended. The danger was that the European enemies of England might form an alliance with some native power, might furnish that power with troops, arms, and ammunition, and might thus assail our possessions on the side of the land. It was chiefly from the Mahrattas that Hastings anticipated danger. The original seat of that singular people was the wild range of hills which runs along the western coast of India. In the reign of Aurungzebe the inhabitants of those regions, led by the great Sevajee, began to descend on the possessions of their wealthier and less warlike neighbours. The energy, ferocity, and cunning of the Mahrattas, soon made them the most conspicuous among the new powers which were generated by the corruption of the decaying monarchy. At first they were only robbers. They soon rose to the dignity of conquerors. Half the provinces of the empire were turned into Mahratta principalities. Freebooters, sprung from low castes, and accustomed to menial employments, became mighty Rajahs. The Bonslas, at the head of a band of plunderers, occupied the vast region of Berar. The Guicowar, which is, being interpreted, the Herdsman, founded that dynasty which still reigns in Guzerat. The houses of Scindia and Holkar waxed great in Malwa. One adventurous captain made his nest on the impregnable rock of Gooti. Another became the lord of the thousand villages which are scattered among the green rice-fields of Tanjore. That was the time throughout India of double government. The form and the power were every where separated. The Mussulman nabobs who had become sovereign princes, the Vizier in Oude, and the Nizam at Hyderabad, still called themselves the viceroys of the house of Tamerlane. In the same manner the Mahratta states, though really independent of each other, pretended to be members of one empire. They all acknowledged, by words and ceremonies, the supremacy of the heir of Sevajec, a roi fainéant who chewed bang and toyed with dancing girls in a state prison at Sattara, and of his Peshwa or mayor of the palace, a great hereditary magistrate, who kept a court with kingly state at Poonah, and whose authority was obeyed in the spacious provinces of Aurungabad and Bejapoor. Some months before war was declared in Europe the government of Bengal was alarmed by the news that a French adventurer, who passed for a man of quality, had arrived at Poonah. It was said that he had been received there with great distinction, that he had delivered to the Peshwa letters and presents from Louis the Sixteenth, and that a treaty, hostile to England, had been concluded between France and the Mahrattas. to Hastings immediately resolved strike the first blow. The title of the Peshwa was not undisputed. A portion of the Mahratta nation was favourable to a pretender. The Governor-General determined to espouse this pretender's interest, to move an army across the peninsula of India, and to form a close alliance with the chief of the house of Bonsla, who ruled Berar, and who, in power and dignity, was inferior to none of the Mahratta princes. The army had marched, and the negotiations with Berar were in progress, when a letter from the English consul at Cairo brought the news that war had been proclaimed both in London and Paris. All the measures which the crisis required were adopted by Hastings without a moment's delay. The French factories in Bengal were seized. Orders were sent to Madras that Pondicherry should instantly be occupied. Near Calcutta works were thrown up which were thought to render the approach of a hostile force impossible. A maritime establishment was formed for the defence of the river. Nine new battalions of sepoys were raised, and a corps of native artillery was formed out of the hardy Lascars of the Bay of Bengal. Having made these arrangements, the Governor-General, with calm confidence, pronounced his presidency secure from all attack, un less the Mahrattas should march | perhaps the ablest officer that was then against it in conjunction with the to be found in the British army. French. The expedition which Hastings had sent westward was not so speedily or completely successful as most of his undertakings. The commanding officer procrastinated. The authorities at Bombay blundered. But the Governor-General persevered. A new commander repaired the errors of his predecessor. Several brilliant actions spread the military renown of the English through regions where no European flag had ever been seen. It is probable that, if a new and more formidable danger had not compelled Hastings to change his whole policy, his plans respecting the Mahratta empire would have been carried into complete effect. Among the native soldiers his name was great and his influence unrivalled. Nor is he yet forgotten by them. Now and then a white-bearded old sepoy may still be found who loves to talk of Porto Novo and Pollilore. It is but a short time since one of those aged men came to present a memorial to an English officer, who holds one of the highest employments in India. A print of Coote hung in the room. The veteran recognised at once that face and figure which he had not seen for more than half a century, and, forgetting his salam to the living, halted, drew himself up, lifted his hand, and with solemn reverence paid his military obeisance to the dead. Coote, though he did not, like Barwell, vote constantly with the Governor-General, was by no means inclined to join in systematic opposition, and on most questions concurred with Hastings, who did his best, by assiduous courtship, and by readily granting the most exorbitant allowances, to gratify the strongest passions of the old soldier. It seemed likely at this time that a general reconciliation would put an end to the quarrels which had, during some years, weakened and disgraced the government of Bengal. The dangers of the empire might well induce men of patriotic feeling,-and of pa The authorities in England had wisely sent out to Bengal, as commander of the forces and member of the Council, one of the most distinguished soldiers of that time. Sir Eyre Coote had, many years before, been conspicuous among the founders of the British empire in the East. At the council of war which preceded the battle of Plassey, he earnestly recommended, in opposition to the majority, that daring course which, after some hesitation, was adopted, and which was crowned with such splendid success. He subsequently commanded in the south of India against the brave and unfortunate Lally, gained the de-triotic feeling neither Hastings nor cisive battle of Wandewash over the French and their native allies, took Pondicherry, and made the English power supreme in the Carnatic. Since those great exploits near twenty years had elapsed. Coote had no longer the bodily activity which he had shown in earlier days; nor was the vigour of his mind altogether unimpaired. He was capricious and fretful, and required much coaxing to keep him in good humour. It must, we fear, be added that the love of money had grown A compact was made, by which upon him, and that he thought more Francis agreed to desist from opposiabout his allowances, and less about tion, and Hastings engaged that the his duties, than might have been ex- friends of Francis should be admitted pected from so eminent a member of to a fair share of the honours and so noble a profession. Still he was emoluments of the service. During a Francis was destitute,-to forget private enmities, and to co-operate heartily for the general good. Coote had never been concerned in faction. Wheler was thoroughly tired of it. Barwell had made an ample fortune, and, though he had promised that he would not leave Calcutta while his help was needed in Council, was most desirous to return to England, and exerted himself to promote an arrangement which would set him at liberty. few months after this treaty there was his friends, with the thermometer at apparent harmony at the council-board. Harmony, indeed, was never more necessary for at this moment internal calamities, more formidable than war itself, menaced Bengal. The authors of the Regulating Act of 1773 had established two independent powers, the one judicial, and the other political; and, with a carelessness scandalously common in English legislation, had omitted to define the limits of either. The judges took advantage of the indistinctness, and attempted to draw to themselves supreme authority, not only within Calcutta, but through the whole of the great territory subject to the Presidency of Fort William. There are few Englishmen who will not admit that the English law, in spite of modern improvements, is neither so cheap nor so speedy as might be wished. Still, it is a system which has grown up among us. In some points it has been fashioned to suit our feelings; in others, it has gradually fashioned our feelings to suit itself. Even to its worst evils we are accustomed; and therefore, though we may complain of them, they do not strike us with the horror and dismay which would be produced by a new grievance of smaller severity. In India the case is widely different. English law, transplanted to that country, has all the vices from which we suffer here; it has them all in a far higher degree; and it has other vices, compared with which the worst vices from which we suffer are trifles. Dilatory here, it is far more dilatory in a land where the help of an interpreter is needed by every judge and by every advocate. Costly here, it is far more costly in a land into which the legal practitioners must be imported from an immense distance. All English labour in India, from the labour of the Governor-General and the Commanderin-Chief, down to that of a groom or a watchmaker, must be paid for at a higher rate than at home. No man will be banished, and banished to the torrid zone for nothing. The rule holds good with respect to the legal profession. No English barrister will work, fifteen thousand miles from all ninety-six in the shade, for the emoluments which will content him in chambers that overlook the Thames. Accordingly, the fees at Calcutta are about three times as great as the fees of Westminster Hall; and this, though the people of India are, beyond all comparison, poorer than the people of England. Yet the delay and the expense, grievous as they are, form the smallest part of the evil which English law, imported without modifications into India, could not fail to produce. The strongest feelings of our nature, honour, religion, female modesty, rose up against the innovation. Arrest on mesne process was the first step in most civil proceedings; and to a native of rank arrest was not merely a restraint, but a foul personal indignity. Oaths were required in every stage of every suit; and the feeling of a Quaker about an oath is hardly stronger than that of a respectable native. That the apartments of a woman of quality should be entered by strange men, or that her face should be seen by them, are, in the East, intolerable outrages, outrages which are more dreaded than death, and which can be expiated only by the shedding of blood. To these outrages the most distinguished families of Bengal, Bahar, and Orissa were now exposed. Imagine what the state of our own country would be, if a jurisprudence were on a sudden introduced among us, which should be to us what our jurisprudence was to our Asiatic subjects. Imagine what the state of our country would be, if it were enacted that any man, by merely swearing that a debt was due to him, should acquire a right to insult the persons of men of the most honourable and sacred callings and of women of the most shrinking delicacy, to horsewhip a general officer, to put a bishop in the stocks, to treat ladies in the way which called forth the blow of Wat Tyler. Something like this was the effect of the attempt which the Supreme Court made to extend its jurisdiction over the whole of the Company's territory. A reign of terror began, of terror oppressors, Asiatic and European, appeared as a blessing when compared with the justice of the Supreme Court. Every class of the population, English and native, with the exception of the ravenous pettifoggers who fattened on the misery and terror of an immense community, cried out loudly against this fearful oppression. But the judges were immovable. If a bailiff was resisted, they ordered the soldiers to be called out. If a servant of the Company, in conformity with the orders of the government, withstood the miserable catchpoles who, with Impey's writs in their hands, exceeded the insolence and rapacity of gang-robbers, he was flung into prison for a contempt. The lapse of sixty years, the virtue and wisdom of many eminent magistrates who have during that time administered justice in the Supreme Court, have not effaced from the minds of the people of Bengal the recollection of those evil days. heightened by mystery; for even that which was endured was less horrible than that which was anticipated. No man knew what was next to be expected from this strange tribunal. It came from beyond the black water, as the people of India, with mysterious horror, call the sea. It consisted of judges not one of whom was familiar with the usages of the millions over whom they claimed boundless authority. Its records were kept in unknown characters; its sentences were pronounced in unknown sounds. It had already collected round itself an army of the worst part of the native population, informers, and false witnesses, and common barrators, and agents of chicane, and above all, a banditti of bailiff's followers, compared with whom the retainers of the worst English sponging-houses, in the worst times, might be considered as upright and tender-hearted. Many natives, highly considered among their countrymen, were seized, hurried up to The members of the government Calcutta, flung into the common gaol, were, on this subject, united as one not for any crime even imputed, not for man. Hastings had courted the any debt that had been proved, but judges; he had found them useful inmerely as a precaution till their cause struments; but he was not disposed to should come to trial. There were in- make them his own masters, or the stances in which men of the most masters of India. His mind was large; venerable dignity, persecuted without his knowledge of the native character a cause by extortioners, died of rage most accurate. He saw that the sysand shame in the gripe of the vile tem pursued by the Supreme Court alguazils of Impey. The harems of was degrading to the government and noble Mahommedans, sanctuaries re- ruinous to the people; and he resolved spected in the East by governments to oppose it manfully. The consewhich respected nothing else, were quence was, that the friendship, if that burst open by gangs of bailiffs. The be the proper word for such a conMussulmans, braver and less accus- nection, which had existed between tomed to submission than the Hindoos, him and Impey, was for a time comsometimes stood on their defence; and pletely dissolved. The government there were instances in which they placed itself firmly between the tyshed their blood in the doorway, while rannical tribunal and the people. The defending, sword in hand, the sacred Chief Justice proceeded to the wildest apartments of their women. Nay, it excesses. The Governor-General and seemed as if even the faint-hearted all the members of Council were served Bengalee, who had crouched at the with writs, calling on them to appear feet of Surajah Dowlah, who had been before the King's justices, and to mute during the administration of answer for their public acts. This Vansittart, would at length find cou- was too much. Hastings, with just rage in despair. No Mahratta invasion scorn, refused to obey the call, set at had ever spread through the province liberty the persons wrongfully detained such dismay as this inroad of English by the Court, and took measures for lawyers. All the injustice of former resisting the outrageous proceedings of VOL. II. P |
