The members of the government were, on this subject, united as one man.

Hastings had courted the judges; he had found them useful instruments.

But he was not disposed to make them his own masters, or the masters of

India. His mind was large; his knowledge of the native character most

accurate. He saw that the system pursued by the Supreme Court was

degrading to the government and ruinous to the people; and he resolved

to oppose it manfully. The consequence was, that the friendship, if that

be the proper word for such a connection, which had existed between him

and Impey, was for a time completely dissolved. The government placed

itself firmly between the tyrannical tribunal and the people. The Chief

Justice proceeded to the wildest excesses. The Governor-General and all

the members of Council were served with writs, calling on them to appear

before the King's justices, and to answer for their public acts. This

was too much. Hastings, with just scorn, refused to obey the call, set

at liberty the persons wrongfully detained by the Court, and took

measures for resisting the outrageous proceedings of the sheriffs'

officers, if necessary, by the sword. But he had in view another device

which might prevent the necessity of an appeal to arms. He was seldom at

a loss for an expedient; and he knew Impey well. The expedient, in this

case, was a very simple one, neither more nor less than a bribe. Impey

was, by act of Parliament, a judge, independent of the government of

Bengal, and entitled to a salary of eight thousand a year. Hastings

proposed to make him also a judge in the Company's service, removable at

the pleasure of the government of Bengal; and to give him, in that

capacity, about eight thousand a year more. It was understood that, in

consideration of this new salary, Impey would desist from urging the

high pretensions of his court. If he did urge these pretensions, the

government could, at a moment's notice, eject him from the new place

which had been created for him. The bargain was struck; Bengal was

saved; an appeal to force was averted; and the Chief Justice was rich,

quiet, and infamous.

Of Impey's conduct it is unnecessary to speak. It was of a piece with

almost every part of his conduct that comes under the notice of history.

No other such judge has dishonored the English ermine, since Jeffreys

drank himself to death in the Tower. But we cannot agree with those who

have blamed Hastings for this transaction. The case stood thus. The

negligent manner in which the Regulating Act had been framed put it in

the power of the Chief Justice to throw a great country into the most

dreadful confusion. He was determined to use his power to the utmost,

unless he was paid to be still; and Hastings consented to pay him. The

necessity was to be deplored. It is also to be deplored that pirates

should be able to exact ransom by threatening to make their captives

walk the plank. But to ransom a captive from pirates has always been

held a humane and Christian act; and it would be absurd to charge the

payer of the ransom with corrupting the virtue of the corsair. This, we

seriously think, is a not unfair illustration of the relative position

of Impey, Hastings, and the people of India. Whether it was right in

Impey to demand or to accept a price for powers which, if they really

belonged to him, he could not abdicate, which, if they did not belong to

him, he ought never to have usurped, and which in neither case he could

honestly sell, is one question. It is quite another question, whether

Hastings was not right to give any sum, however large, to any man,

however worthless, rather than either surrender millions of human beings

to pillage, or rescue them by civil war.

Francis strongly opposed this arrangement. It may, indeed, be suspected

that personal aversion to Impey was as strong a motive with Francis as

regard for the welfare of the province. To a mind burning with

resentment, it might seem better to leave Bengal to the oppressors than

to redeem it by enriching them. It is not improbable, on the other hand,

that Hastings may have been the more willing to resort to an expedient

agreeable to the Chief Justice, because that high functionary had

already been so serviceable, and might, when existing dissensions were

composed, be serviceable again.

But it was not on this point alone that Francis was now opposed to

Hastings. The peace between them proved to be only a short and hollow

truce, during which their mutual aversion was constantly becoming

stronger. At length an explosion took place. Hastings publicly charged

Francis with having deceived him, and with having induced Barwell to

quit the service by insincere promises. Then came a dispute, such as

frequently arises even between honorable men, when they may make

important agreements by mere verbal communication. An impartial

historian will probably be of opinion that they had misunderstood each

other; but their minds were so much embittered that they imputed to each

other nothing less than deliberate villainy. "I do not," said Hastings,

in a minute recorded on the Consultations of the Government, "I do not

trust to Mr. Francis's promises of candor, convinced that he is

incapable of it. I judge of his public conduct by his private, which I

have found to be void of truth and honor." After the Council had risen,

Francis put a challenge into the Governor-General's hand. It was

instantly accepted. They met, and fired. Francis was shot through the

body. He was carried to a neighboring house, where it appeared that the

wound, though severe, was not mortal. Hastings inquired repeatedly after

his enemy's health, and proposed to call on him; but Francis coldly

declined the visit. He had a proper sense, he said, of the

Governor-General's politeness, but could not consent to any private

interview. They could meet only at the council board.

In a very short time it was made signally manifest to how great a danger

the Governor-General had, on this occasion, exposed his country. A

crisis arrived with which he, and he alone, was competent to deal. It is

not too much to say that, if he had been taken from the head of affairs,

the years 1780 and 1781 would have been as fatal to our power in Asia as

to our power in America.

The Mahrattas had been the chief objects of apprehension to Hastings.

The measures which he had adopted for the purpose of breaking their

power had at first been frustrated by the errors of those whom he was

compelled to employ; but his perseverance and ability seemed likely to

be crowned with success, when a far more formidable danger showed itself

in a distant quarter.

About thirty years before this time, a Mahommedan soldier had begun to

distinguish himself in the wars of Southern India. His education had

been neglected; his extraction was humble. His father had been a petty

officer of revenue; his grandfather a wandering dervise. But though thus

meanly descended, though ignorant even of the alphabet, the adventurer

had no sooner been placed at the head of a body of troops than he

approved himself a man born for conquest and command. Among the crowd of

chiefs who were struggling for a share of India, none could compare with

him in the qualities of the captain and the statesman. He became a

general; he became a sovereign. Out of the fragments of old

principalities, which had gone to pieces in the general wreck, he formed

for himself a great, compact, and vigorous empire. That empire he ruled

with the ability, severity, and vigilance of Louis the Eleventh.

Licentious in his pleasures, implacable in his revenge, he had yet

enlargement of mind enough to perceive how much the prosperity of

subjects adds to the strength of governments. He was an oppressor; but

he had at least the merit of protecting his people against all

oppression except his own. He was now in extreme old age; but his

intellect was as clear, and his spirit as high, as in the prime of

manhood. Such was the great Hyder Ali, the founder of the Mahommedan

kingdom of Mysore, and the most formidable enemy with whom the English

conquerors of India have ever had to contend.

Had Hastings been governor of Madras, Hyder would have been either made

a friend, or vigorously encountered as an enemy. Unhappily the English

authorities in the south provoked their powerful neighbor's hostility,

without being prepared to repel it. On a sudden, an army of ninety

thousand men, far superior in discipline and efficiency to any other

native force that could be found in India, came pouring through those

wild passes which, worn by mountain torrents, and dark with jungle, lead

down from the table-land of Mysore to the plains of the Carnatic. This

great army was accompanied by a hundred pieces of cannon; and its

movements were guided by many French officers, trained in the best

military schools of Europe.

Hyder was everywhere triumphant. The sepoys in many British garrisons

flung down their arms. Some forts were surrendered by treachery, and

some by despair. In a few days the whole open country north of the

Coleroon had submitted. The English inhabitants of Madras could already

see by night, from the top of Mount St. Thomas, the eastern sky reddened

by a vast semicircle of blazing villages. The white villas, to which our

countrymen retire after the daily labors of government and of trade,

when the cool evening breeze springs up from the bay, were now left

without inhabitants; for bands of the fierce horsemen of Mysore had

already been seen prowling among the tulip trees, and near the gay

verandas. Even the town was not thought secure, and the British

merchants and public functionaries made haste to crowd themselves behind

the cannon of Fort St. George.

There were the means indeed of assembling an army which might have

defended the presidency, and even driven the invader back to his

mountains. Sir Hector Munro was at the head of one considerable force;

Baillie was advancing with another. United, they might have presented a

formidable front even to such an enemy as Hyder. But the English

commanders, neglecting those fundamental rules of the military art of

which the propriety is obvious even to men who had never received a

military education, deferred their junction, and were separately

attacked. Baillie's detachment was destroyed. Munro was forced to

abandon his baggage, to fling his guns into the tanks, and to save

himself by a retreat which might be called a flight. In three weeks from

the commencement of the war, the British empire in Southern India had

been brought to the verge of ruin. Only a few fortified places remained

to us. The glory of our arms had departed. It was known that a great

French expedition might soon be expected on the coast of Coromandel.

England, beset by enemies on every side, was in no condition to protect

such remote dependencies.

Then it was that the fertile genius and serene courage of Hastings

achieved their most signal triumph. A swift ship, flying before the

southwest monsoon, brought the evil tidings in a few days to Calcutta.

In twenty-four hours the Governor-General had framed a complete plan of

policy adapted to the altered state of affairs. The struggle with Hyder

was a struggle, for life and death. All minor objects must be sacrificed

to the preservation of the Carnatic. The disputes with the Mahrattas

must be accommodated. A large military force and a supply of money must

be instantly sent to Madras. But even these measures would be

insufficient, unless the war, hitherto so grossly mismanaged, were

placed under the direction of a vigorous mind. It was no time for

trifling. Hastings determined to resort to an extreme exercise of power,

to suspend the incapable governor of Fort St. George, to send Sir Eyre

Coote to oppose Hyder, and to entrust that distinguished general with

the whole administration of the war.

In spite of the sullen opposition of Francis, who had now recovered from

his wound, and had returned to the Council, the Governor-General's wise

and firm policy was approved by the majority of the board. The

reinforcements were sent off with great expedition, and reached Madras

before the French armament arrived in the Indian seas. Coote, broken by

age and disease, was no longer the Coote of Wandewash; but he was still

a resolute and skilful commander. The progress of Hyder was arrested;

and in a few months the great victory of Porto Novo retrieved the honor

of the English arms.

In the meantime Francis had returned to England, and Hastings was now

left perfectly unfettered. Wheler had gradually been relaxing in his

opposition, and, after the departure of his vehement and implacable

colleague, cooperated heartily with the Governor-General, whose

influence over the British in India, always great, had, by the vigor and

success of his recent measures, been considerably increased.

But, though the difficulties arising from factions within the Council

were at an end, another class of difficulties had become more pressing

than ever. The financial embarrassment was extreme. Hastings had to find

the means, not only of carrying on the government of Bengal, but of

maintaining a most costly war against both Indian and European enemies

in the Carnatic, and of making remittances to England. A few years

before this time he had obtained relief by plundering the Mogul and

enslaving the Rohillas; nor were the resources of his fruitful mind by

any means exhausted.

His first design was on Benares, a city which in wealth, population,

dignity, and sanctity, was among the foremost of Asia. It was commonly

believed that half a million of human beings was crowded into that

labyrinth of lofty alleys, rich with shrines, and minarets, and

balconies, and carved oriels, to which the sacred apes clung by

hundreds. The traveller could scarcely make his way through the press of

holy mendicants and not less holy bulls. The broad and stately flights

of steps which descended from these swarming haunts to the

bathing-places along the Ganges were worn every day by the footsteps of

an innumerable multitude of worshippers. The schools and temples drew

crowds of pious Hindoos from every province where the Brahminical faith

was known. Hundreds of devotees came thither every month to die: for it

was believed that a peculiarly happy fate awaited the man who should

pass from the sacred city into the sacred river. Nor was superstition

the only motive which allured strangers to that great metropolis.

Commerce had as many pilgrims as religion. All along the shores of the

venerable stream lay great fleets of vessels laden with rich

merchandise. From the looms of Benares went forth the most delicate

silks that adorned the balls of St. James's and of Versailles; and, in

the bazaars, the muslins of Bengal and the sabres of Oude were mingled

with the jewels of Golconda and the shawls of Cashmere. This rich

capital, and the surrounding tract, had long been under the immediate

rule of a Hindoo Prince, who rendered homage to the Mogul emperors.

During the great anarchy of India, the lords of Benares became

independent of the court of Delhi, but were compelled to submit to the

authority of the Nabob of Oude. Oppressed by this formidable neighbor,

they invoked the protection of the English. The English protection was

given; and at length the Nabob Vizier, by a solemn treaty, ceded all his

rights over Benares to the Company. From that time the Rajah was the

vassal of the government of Bengal, acknowledged its supremacy, and

engaged to send an annual tribute to Fort William. This tribute Cheyte

Sing, the reigning prince, had paid with strict punctuality.

About the precise nature of the legal relation between the Company and

the Rajah of Benares there has been much warm and acute controversy. On

the one side, it has been maintained that Cheyte Sing was merely a great

subject on whom the superior power had a right to call for aid in the

necessities of the empire. On the other side, it has been contended that

he was an independent prince, that the only claim which the Company had

upon him was for a fixed tribute, and that while the fixed tribute was

regularly paid, as it assuredly was, the English had no more right to

exact any further contribution from him than to demand subsidies from

Holland or Denmark. Nothing is easier than to find precedents and

analogies in favor of either view.

Our own impression is that neither view is correct. It was too much the

habit of English politicians to take it for granted that there was in

India a known and definite constitution by which questions of this kind

were to be decided. The truth is that, during the interval which elapsed

between the fall of the house of Tamerlane and the establishment of the

British ascendency, there was no such constitution. The old order of

things had passed away; the new order of things was not yet formed. All

was transition, confusion, obscurity. Everybody kept his head as he best

might, and scrambled for whatever he could get. There have been similar

seasons in Europe. The time of the dissolution of the Carlovingian

empire is an instance. Who would think of seriously discussing the

question, What extent of pecuniary aid and of obedience Hugh Capet had a

constitutional right to demand from the Duke of Brittany or the Duke of

Normandy? The words "constitutional right" had, in that state of

society, no meaning. If Hugh Capet laid hands on all the possessions of

the Duke of Normandy, this might be unjust and immoral; but it would not

be illegal, in the sense in which the ordinances of Charles the Tenth

were illegal. If, on the other hand, the Duke of Normandy made war on

Hugh Capet, this might be unjust and immoral; but it would not be

illegal, in the sense in which the expedition of Prince Louis Bonaparte

was illegal.

Very similar to this was the state of India sixty years ago. Of the

existing governments not a single one could lay claim to legitimacy, or

could plead any other title than recent occupation. There was scarcely a

province in which the real sovereignty and the nominal sovereignty were

not disjoined. Titles and forms were still retained which implied that

the heir of Tamerlane was an absolute ruler, and that the Nabobs of the

provinces were his lieutenants. In reality, he was a captive. The Nabobs

were in some places independent princes. In other places, as in Bengal

and the Carnatic, they had, like their master, become mere phantoms, and

the Company was supreme. Among the Mahrattas, again, the heir of Sevajee

still kept the title of Rajah; but he was a prisoner, and his prime

minister, the Peshwa, had become the hereditary chief of the state. The

Peshwa, in his turn, was fast sinking into the same degraded situation

to which he had reduced the Rajah. It was, we believe, impossible to

find, from the Himalayas to Mysore, a single government which was at

once a government _de facto_ and a government _de jure_, which possessed

the physical means of making itself feared by its neighbors and

subjects, and which had at the same time the authority derived from law

and long prescription.

Hastings clearly discerned, what was hidden from most of his

contemporaries, that such a state of things gave immense advantages to a

ruler of great talents and few scruples. In every international question

that could arise, he had his option between the _de facto_ ground and

the _de jure_ ground; and the probability was that one of those grounds

would sustain any claim that it might be convenient for him to make, and

enable him to resist any claim made by others. In every controversy,

accordingly, he resorted to the plea which suited his immediate

purpose, without troubling himself in the least about consistency; and

thus he scarcely ever failed to find what, to persons of short memories

and scanty information, seemed to be a justification for what he wanted

to do. Sometimes the Nabob of Bengal is a shadow, sometimes a monarch.

Sometimes the Vizier is a mere deputy, sometimes an independent

potentate. If it is expedient for the Company to show some legal title

to the revenues of Bengal, the grant under the seal of the Mogul is

brought forward as an instrument of the highest authority. When the

Mogul asks for the rents which were reserved to him by that very grant,

he is told that he is a mere pageant, that the English power rests on a

very different foundation from a charter given by him, that he is

welcome to play at royalty as long as he likes, but that he must expect

no tribute from the real masters of India.

It is true that it was in the power of others, as well as of Hastings,

to practise this legerdemain; but in the controversies of governments,

sophistry is of little use unless it be backed by power. There is a

principle which Hastings was fond of asserting in the strongest terms,

and on which he acted with undeviating steadiness. It is a principle

which, we must own, though it may be grossly abused, can hardly be

disputed in the present state of public law. It is this, that where an

ambiguous question arises between two governments, there is, if they

cannot agree, no appeal except to force, and that the opinion of the

stronger must prevail. Almost every question was ambiguous in India. The

English government was the strongest in India. The consequences are

obvious. The English government might do exactly what it chose.

The English government now chose to wring money out of Cheyte Sing. It

had formerly been convenient to treat him as a sovereign prince; it was

now convenient to treat him as a subject. Dexterity inferior to that of

Hastings could easily find, in the general chaos of laws and customs,

arguments for either course. Hastings wanted a great supply. It was

known that Cheyte Sing had a large revenue, and it was suspected that he

had accumulated a treasure. Nor was he a favorite at Calcutta. He had,

when the Governor-General was in great difficulties, courted the favor

of Francis and Clavering. Hastings, who, less, perhaps, from evil

passions than from policy, seldom left an injury unpunished, was not

sorry that the fate of Cheyte Sing should teach neighboring princes the

same lesson which the fate of Nuncomar had already impressed on the

inhabitants of Bengal.

In 1778, on the first breaking out of the war with France, Cheyte Sing

was called upon to pay, in addition to his fixed tribute, an

extraordinary contribution of fifty thousand pounds. In 1779 an equal

sum was exacted. In 1780 the demand was renewed. Cheyte Sing, in the

hope of obtaining some indulgence, secretly offered the Governor-General

a bribe of twenty thousand pounds. Hastings took the money, and his

enemies have maintained that he took it intending to keep it. He

certainly concealed the transaction, for a time, both from the Council

in Bengal and from the Directors at home; nor did he ever give any

satisfactory reason for the concealment. Public spirit, or the fear of

detection, at last, determined him to withstand the temptation. He paid

over the bribe to the Company's treasury, and insisted that the Rajah

should instantly comply with the demands of the English government. The

Rajah, after the fashion of his countrymen, shuffled, solicited, and

pleaded poverty. The grasp of Hastings was not to be so eluded. He added

to the requisition another ten thousand pounds as a fine for delay, and

sent troops to exact the money.

The money was paid. But this was not enough. The late events in the

south of India had increased the financial embarrassments of the

Company. Hastings was determined to plunder Cheyte Sing, and, for that

end, to fasten a quarrel on him. Accordingly, the Rajah was now required

to keep a body of cavalry for the service of the British government. He

objected and evaded. This was exactly what the Governor-General wanted.

He had now a pretext for treating the wealthiest of his vassals as a

criminal. "I resolved"--these are the words of Hastings himself--"to

draw from his guilt the means of relief of the Company's distresses, to

make him pay largely for his pardon, or to exact a severe vengeance for

past delinquency." The plan was simply this, to demand larger and larger

contributions till the Rajah should be driven to remonstrate, then to

call his remonstrance a crime, and to punish him by confiscating all his

possessions.

Cheyte Sing was in the greatest dismay. He offered two hundred thousand

pounds to propitiate the British government. But Hastings replied that

nothing less than half a million would be accepted. Nay, he began to

think of selling Benares to Oude, as he had formerly sold Allahabad and

Rohilcund. The matter was one which could not be well managed at a

distance; and Hastings resolved to visit Benares.

Cheyte Sing received his liege lord with every mark of reverence, came

near sixty miles, with his guards, to meet and escort the illustrious

visitor, and expressed his deep concern at the displeasure of the

English. He even took off his turban, and laid it in the lap of

Hastings, a gesture which in India marks the most profound submission

and devotion. Hastings behaved with cold and repulsive severity. Having

arrived at Benares, he sent to the Rajah a paper containing the demands

of the government of Bengal. The Rajah, in reply, attempted to clear

himself from the accusations brought against him. Hastings, who wanted

money and not excuses, was not to be put off by the ordinary artifices

of Eastern negotiation. He instantly ordered the Rajah to be arrested

and placed under the custody of two companies of sepoys.

Critical and Historical Essays, Volume III (of 3) · 第 14 / 60 段