Colonel Macleane, who through all this conflict had zealously supported

the cause of Hastings, now thought that his employer was in imminent

danger of being turned out, branded with parliamentary censure, perhaps

prosecuted. The opinion of the crown lawyers had already been taken

respecting some parts of the Governor-General's conduct. It seemed to be

high time to think of securing an honorable retreat. Under these

circumstances, Macleane thought himself justified in producing the

resignation with which he had been entrusted. The instrument was not in

very accurate form; but the Directors were too eager to be scrupulous.

They accepted the resignation, fixed on Mr. Wheler, one of their own

body, to succeed Hastings, and sent out orders that General Clavering,

as senior member of Council, should exercise the functions of

Governor-General till Mr. Wheler should arrive.

But, while these things were passing in England, a great change had

taken place in Bengal. Monson was no more. Only four members of the

government were left. Clavering and Francis were on one side, Barwell

and the Governor-General on the other; and the Governor-General had the

casting vote. Hastings, who had been during two years destitute of all

power and patronage, became at once absolute. He instantly proceeded to

retaliate on his adversaries. Their measures were reversed, their

creatures were displaced. A new valuation of the lands of Bengal, for

the purposes of taxation, was ordered; and it was provided that the

whole inquiry should be conducted by the Governor-General, and that all

the letters relating to it should run in his name. He began, at the same

time, to revolve vast plans of conquest and dominion, plans which he

lived to see realized, though not by himself. His project was to form

subsidiary alliances with the native princes, particularly with those of

Oude and Berar, and thus to make Britain the paramount power in India.

While he was meditating these great designs, arrived the intelligence

that he had ceased to be Governor-General, that his resignation had been

accepted, that Wheler was coming out immediately, and that, till Wheler

arrived, the chair was to be filled by Clavering.

Had Hastings still been in a minority, he would probably have retired

without a struggle; but he was now the real master of British India, and

he was not disposed to quit his high place. He asserted that he had

never given any instructions which could warrant the steps taken at

home. What his instructions had been, he owned he had forgotten. If he

had kept a copy of them he had mislaid it. But he was certain that he

had repeatedly declared to the Directors that he would not resign. He

could not see how the court, possessed of that declaration from himself,

could receive his resignation from the doubtful hands of an agent. If

the resignation were invalid, all the proceedings which were founded on

that resignation were null, and Hastings was still Governor-General.

He afterwards affirmed that, though his agents had not acted in

conformity with his instructions, he would nevertheless have held

himself bound by their acts, if Clavering had not attempted to seize the

supreme power by violence. Whether this assertion were or were not true,

it cannot be doubted that the imprudence of Clavering gave Hastings an

advantage. The General sent for the keys of the fort and of the

treasury, took possession of the records, and held a council at which

Francis attended. Hastings took the chair in another apartment, and

Barwell sat with him. Each of the two parties had a plausible show of

right. There was no authority entitled to their obedience within fifteen

thousand miles. It seemed that there remained no way of settling the

dispute except an appeal to arms; and from such an appeal Hastings,

confident of his influence over his countrymen in India, was not

inclined to shrink. He directed the officers of the garrison of Fort

William and of all the neighboring stations to obey no orders but his.

At the same time, with admirable judgment, he offered to submit the case

to the Supreme Court, and to abide by its decision. By making this

proposition he risked nothing; yet it was a proposition which his

opponents could hardly reject. Nobody could be treated as a criminal for

obeying what the judges should solemnly pronounce to be the lawful

government. The boldest man would shrink from taking arms in defence of

what the judges should pronounce to be usurpation. Clavering and

Francis, after some delay, unwillingly consented to abide by the award

of the court. The court pronounced that the resignation was invalid, and

that therefore Hastings was still Governor-General under the Regulating

Act; and the defeated members of the Council, finding that the sense of

the whole settlement was against them, acquiesced in the decision.

About this time arrived the news that, after a suit which had lasted

several years, the Franconian courts had decreed a divorce between

Imhoff and his wife. The Baron left Calcutta, carrying with him the

means of buying an estate in Saxony. The lady became Mrs. Hastings. The

event was celebrated by great festivities; and all the most conspicuous

persons at Calcutta, without distinction of parties, were invited to the

Government House. Clavering, as the Mahommedan chronicler tells the

story, was sick in mind and body, and excused himself from joining the

splendid assembly. But Hastings, whom, as it should seem, success in

ambition and in love had put into high good-humor, would take no denial.

He went himself to the General's house, and at length brought his

vanquished rival in triumph to the gay circle which surrounded the

bride. The exertion was too much for a frame broken by mortification as

well as by disease. Clavering died a few days later.

Wheler, who came out expecting to be Governor-General, and was forced to

content himself with a seat at the council board, generally voted with

Francis. But the Governor-General, with Barwell's help and his own

casting vote, was still the master. Some change took place at this time

in the feeling both of the Court of Directors and of the Ministers of

the Crown. All designs against Hastings were dropped; and, when his

original term of five years expired, he was quietly reappointed. The

truth is that the fearful dangers to which the public interests in every

quarter were now exposed made both Lord North and the Company unwilling

to part with a Governor whose talents, experience, and resolution enmity

itself was compelled to acknowledge.

The crisis was indeed formidable. That great and victorious empire, on

the throne of which George the Third had taken his seat eighteen years

before, with brighter hopes than had attended the accession of any of

the long line of English sovereigns, had, by the most senseless

misgovernment, been brought to the verge of ruin. In America millions of

Englishmen were at war with the country from which their blood, their

language, their religion, and their institutions were derived, and to

which, but a short time before, they had been as strongly attached as

the inhabitants of Norfolk and Leicestershire. The great powers of

Europe, humbled to the dust by the vigor and genius which had guided the

councils of George the Second, now rejoiced in the prospect of a signal

revenge. The time was approaching when our island, while struggling to

keep down the United States of America, and pressed with a still nearer

danger by the too just discontents of Ireland, was to be assailed by

France, Spain, and Holland, and to be threatened by the armed neutrality

of the Baltic; when even our maritime supremacy was to be in jeopardy;

when hostile fleets were to command the Straits of Calpe and the Mexican

Sea; when the British flag was to be scarcely able to protect the

British Channel. Great as were the faults of Hastings, it was happy for

our country that at that conjuncture, the most terrible through which

she has ever passed, he was the ruler of her Indian dominions.

An attack by sea on Bengal was little to be apprehended. The danger was

that the European enemies of England might form an alliance with some

native power, might furnish that power with troops, arms, and

ammunition, and might thus assail our possessions on the side of the

land. It was chiefly from the Mahrattas that Hastings anticipated

danger. The original seat of that singular people was the wild range of

hills which runs along the western coast of India. In the reign of

Aurungzebe the inhabitants of those regions, led by the great Sevajee,

began to descend on the possessions of their wealthier and less warlike

neighbors. The energy, ferocity, and cunning of the Mahrattas soon made

them the most conspicuous among the new powers which were generated by

the corruption of the decaying monarchy. At first they were only

robbers. They soon rose to the dignity of conquerors. Half the provinces

of the empire were turned into Mahratta principalities. Freebooters,

sprung from low castes, and accustomed to menial employments, became

mighty Rajahs. The Bonslas, at the head of a band of plunderers,

occupied the vast region of Berar. The Guicowar, which is, being

interpreted, the Herdsman, founded that dynasty which still reigns in

Guzerat. The houses of Scindia and Holkar waxed great in Malwa. One

adventurous captain made his nest on the impregnable rock of Gooti.

Another became the lord of the thousand villages which are scattered

among the green rice-fields of Tanjore.

That was the time, throughout India, of double government. The form and

the power were everywhere separated. The Mussulman nabobs who had become

sovereign princes, the Vizier in Oude, and the Nizam at Hyderabad, still

called themselves the viceroys of the house of Tamerlane. In the same

manner the Mahratta states, though really independent of each other,

pretended to be members of one empire. They all acknowledged, by words

and ceremonies, the supremacy of the heir of Sevajee, a _roi faineant_

who chewed bhang and toyed with dancing girls in a state prison at

Sattara, and of his Peshwa or mayor of the palace, a great hereditary

magistrate, who kept a court with kingly state at Poonah, and whose

authority was obeyed in the spacious provinces of Aurungabad and

Bejapoor.

Some months before war was declared in Europe the government of Bengal

was alarmed by the news that a French adventurer, who passed for a man

of quality, had arrived at Poonah. It was said that he had been received

there with great distinction, that he had delivered to the Peshwa

letters and presents from Louis the Sixteenth, and that a treaty,

hostile to England, had been concluded between France and the Mahrattas.

Hastings immediately resolved to strike the first blow. The title of the

Peshwa was not undisputed. A portion of the Mahratta nation was

favorable to a pretender. The Governor-General determined to espouse

this pretender's interest, to move an army across the peninsula of

India, and to form a close alliance with the chief of the house of

Bonsla, who ruled Berar, and who, in power and dignity, was inferior to

none of the Mahratta princes.

The army had marched, and the negotiations with Berar were in progress,

when a letter from the English consul at Cairo brought the news that war

had been proclaimed both in London and Paris. All the measures which the

crisis required were adopted by Hastings without a moment's delay. The

French factories in Bengal were seized. Orders were sent to Madras that

Pondicherry should instantly be occupied. Near Calcutta, works were

thrown up which were thought to render the approach of a hostile force

impossible. A maritime establishment was formed for the defence of the

river. Nine new battalions of sepoys were raised, and a corps of native

artillery was formed out of the hardy Lascars of the Bay of Bengal.

Having made these arrangements, the Governor-General with calm

confidence pronounced his presidency secure from all attack, unless the

Mahrattas should march against it in conjunction with the French.

The expedition which Hastings had sent westward was not so speedily or

completely successful as most of his undertakings. The commanding

officer procrastinated. The authorities at Bombay blundered. But the

Governor-General persevered. A new commander repaired the errors of his

predecessor. Several brilliant actions spread the military renown of the

English through regions where no European flag had ever been seen. It is

probable that, if a new and more formidable danger had not compelled

Hastings to change his whole policy, his plans respecting the Mahratta

empire would have been carried into complete effect.

The authorities in England had wisely sent out to Bengal, as commander

of the forces and member of the Council, one of the most distinguished

soldiers of that time. Sir Eyre Coote had, many years before, been

conspicuous among the founders of the British empire in the East. At the

council of war which preceded the battle of Plassey, he earnestly

recommended, in opposition to the majority, that daring course which,

after some hesitation, was adopted, and which was crowned with such

splendid success. He subsequently commanded in the south of India

against the brave and unfortunate Lally, gained the decisive battle of

Wandewash over the French and their native allies, took Pondicherry, and

made the English power supreme in the Carnatic. Since those great

exploits near twenty years had elapsed. Coote had no longer the bodily

activity which he had shown in earlier days; nor was the vigor of his

mind altogether unimpaired. He was capricious and fretful, and required

much coaxing to keep him in good-humor. It must, we fear, be added, that

the love of money had grown upon him, and that he thought more about his

allowances, and less about his duties, than might have been expected

from so eminent a member of so noble a profession. Still he was perhaps

the ablest officer that was then to be found in the British army. Among

the native soldiers his name was great and his influence unrivalled. Nor

is he yet forgotten by them. Now and then a white-bearded old sepoy may

still be found, who loves to talk of Porto Novo and Pollilore. It is but

a short time since one of those aged men came to present a memorial to

an English officer, who holds one of the highest employments in India. A

print of Coote hung in the room. The veteran recognized at once that

face and figure which he had not seen for more than half a century, and,

forgetting his salam to the living, halted, drew himself up, lifted his

hand, and with solemn reverence paid his military obeisance to the dead.

Coote, though he did not, like Barwell, vote constantly with the

Governor-General, was by no means inclined to join in systematic

opposition, and on most questions concurred with Hastings, who did his

best, by assiduous courtship, and by readily granting the most

exorbitant allowances, to gratify the strongest passions of the old

soldier.

It seemed likely at this time that a general reconciliation would put an

end to the quarrels which had, during some years, weakened and disgraced

the government of Bengal. The dangers of the empire might well induce

men of patriotic feeling--and of patriotic feeling neither Hastings nor

Francis was destitute--to forget private enmities, and to cooperate

heartily for the general good. Coote had never been concerned in

faction. Wheler was thoroughly tired of it. Barwell had made an ample

fortune, and, though he had promised that he would not leave Calcutta

while his help was needed in Council, was most desirous to return to

England, and exerted himself to promote an arrangement which would set

him at liberty. A compact was made, by which Francis agreed to desist

from opposition, and Hastings engaged that the friends of Francis should

be admitted to a fair share of the honors and emoluments of the service.

During a few months after this treaty there was apparent harmony at the

council board.

Harmony, indeed, was never more necessary; for at this moment internal

calamities, more formidable than war itself, menaced Bengal. The authors

of the Regulating Act of 1773 had established two independent powers,

the one judicial, the other political; and, with a carelessness

scandalously common in English legislation, had omitted to define the

limits of either. The judges took advantage of the indistinctness, and

attempted to draw to themselves supreme authority, not only within

Calcutta, but through the whole of the great territory subject to the

presidency of Fort William. There are few Englishmen who will not admit

that the English law, in spite of modern improvements, is neither so

cheap nor so speedy as might be wished. Still, it is a system which has

grown up among us. In some points, it has been fashioned to suit our

feelings; in others, it has gradually fashioned our feelings to suit

itself. Even to its worst evils we are accustomed; and therefore, though

we may complain of them, they do not strike us with the horror and

dismay which would be produced by a new grievance of smaller severity.

In India the case is widely different. English law, transplanted to that

country, has all the vices from which we suffer here; it has them all in

a far higher degree; and it has other vices, compared with which the

worst vices from which we suffer are trifles. Dilatory here, it is far

more dilatory in a land where the help of an interpreter is needed by

every judge and by every advocate. Costly here, it is far more costly in

a land into which the legal practitioners must be imported from an

immense distance. All English labor in India, from the labor of the

Governor-General and the Commander-in-Chief, down to that of a groom or

a watchmaker, must be paid for at a higher rate than at home. No man

will be banished, and banished to the torrid zone, for nothing. The rule

holds good with respect to the legal profession. No English barrister

will work, fifteen thousand miles from all his friends, with the

thermometer at ninety-six in the shade, for the emoluments which will

content him in chambers that overlook the Thames. Accordingly, the fees

at Calcutta are about three times as great as the fees of Westminster

Hall; and this, though the people of India are, beyond all comparison,

poorer than the people of England. Yet the delay and the expense,

grievous as they are, form the smallest part of the evil which English

law, imported without modifications into India, could not fail to

produce. The strongest feelings of our nature, honor, religion, female

modesty, rose up against the innovation. Arrest on mesne process was the

first step in most civil proceedings; and to a native of rank arrest was

not merely a restraint, but a foul personal indignity. Oaths were

required in every stage of every suit; and the feeling of a Quaker

about an oath is hardly stronger than that of a respectable native. That

the apartments of a woman of quality should be entered by strange men,

or that her face should be seen by them, are, in the East, intolerable

outrages,--outrages which are more dreaded than death, and which can be

expiated only by the shedding of blood. To these outrages the most

distinguished families of Bengal, Bahar, and Orissa, were now exposed.

Imagine what the state of our own country would be, if a jurisprudence

were on a sudden introduced among us, which should be to us what our

jurisprudence was to our Asiatic subjects. Imagine what the state of our

country would be, if it were enacted that any man, by merely swearing

that a debt was due to him, should acquire a right to insult the persons

of men of the most honorable and sacred callings and of women of the

most shrinking delicacy, to horsewhip a general officer, to put a bishop

in the stocks, to treat ladies in the way which called forth the blow of

Wat Tyler. Something like this was the effect of the attempt which the

Supreme Court made to extend its jurisprudence over the whole of the

Company's territory.

A reign of terror began, of terror heightened by mystery: for even that

which was endured was less horrible than that which was anticipated. No

man knew what was next to be expected from this strange tribunal. It

came from beyond the black water, as the people of India, with

mysterious horror, call the sea. It consisted of judges not one of whom

was familiar with the usages of the millions over whom they claimed

boundless authority. Its records were kept in unknown characters; its

sentences were pronounced in unknown sounds. It had already collected

round itself an army of the worst part of the native population,

informers, and false witnesses, and common barrators, and agents of

chicane, and, above all, a banditti of bailiffs' followers, compared

with whom the retainers of the worst English sponging-houses, in the

worst times, might be considered as upright and tender-hearted. Many

natives, highly considered among their countrymen, were seized, hurried

up to Calcutta, flung into the common jail, not for any crime even

imputed, not for any debt that had been proved, but merely as a

precaution till their cause should come to trial. There were instances

in which men of the most venerable dignity, persecuted without a cause

by extortioners, died of rage and shame in the gripe of the vile

alguazils of Impey. The harams of noble Mahommedans, sanctuaries

respected in the East by governments which respected nothing else, were

burst open by gangs of bailiffs. The Mussulmans, braver and less

accustomed to submission than the Hindoos, sometimes stood on their

defence; and there were instances in which they shed their blood in the

doorway, while defending, sword in hand, the sacred apartments of their

women. Nay, it seemed as if even the faint-hearted Bengalee, who had

crouched at the feet of Surajah Dowlah, who had been mute during the

administration of Vansittart, would at length find courage in despair.

No Mahratta invasion had ever spread through the province such dismay as

this inroad of English lawyers. All the injustice of former oppressors,

Asiatic and European, appeared as a blessing when compared with the

justice of the Supreme Court.

Every class of the population, English and native, with the exception of

the ravenous pettifoggers who fattened on the misery and terror of an

immense community, cried out loudly against this fearful oppression. But

the judges were immovable. If a bailiff was resisted, they ordered the

soldiers to be called out. If a servant of the Company, in conformity

with the orders of the government, withstood the miserable catchpoles

who, with Impey's writs in their hands, exceeded the insolence and

rapacity of gang-robbers, he was flung into prison for a contempt. The

lapse of sixty years, the virtue and wisdom of many eminent magistrates

who have during that time administered justice in the Supreme Court,

have not effaced from the minds of the people of Bengal the recollection

of those evil days.

Critical and Historical Essays, Volume III (of 3) · 第 13 / 60 段