Critical and Historical Essays Volume III Part 9

He was greatly pleased with his reception. The King treated him with marked distinction. The Queen, who had already incurred much censure on account of the favor which, in spite of the ordinary severity of her virtue, she had shown to the "elegant Marian," was not less gracious to Hastings. The Directors received him in a solemn sitting; and their chairman read to him a vote of thanks which they had pa.s.sed without one dissentient voice. "I find myself," said Hastings, in a letter written about a quarter of a year after his arrival in England,--"I find myself everywhere, and universally, treated with evidences, apparent even to my own observation, that I possess the good opinion of my country."

The confident and exulting tone of his correspondence about this time is the more remarkable, because he had already received ample notice of the attack which was in preparation. Within a week after he landed at Plymouth, Burke gave notice in the House of Commons of a motion seriously affecting a gentleman lately returned from India. The session, however, was then so far advanced that it was impossible to enter on so extensive and important a subject.

Hastings, it is clear, was not sensible of the danger of his position.

Indeed that sagacity, that judgment, that readiness in devising expedients, which had distinguished him in the East, seemed now to have forsaken him; not that his abilities were at all impaired; not that he was not still the same man who had triumphed over Francis and Nuncomar, who had made the Chief Justice and the Nabob Vizier his tools, who had deposed Cheyte Sing, and repelled Hyder Ali. But an oak, as Mr. Grattan finely said, should not be transplanted at fifty. A man who, having left England when a boy, returns to it after thirty or forty years pa.s.sed in India, will find, be his talents what they may, that he has much both to learn and to unlearn before he can take a place among English statesmen.

The working of a representative system, the war of parties, the arts of debate, the influence of the press, are startling novelties to him.

Surrounded on every side by new machines and new tactics, he is as much bewildered as Hannibal would have been at Waterloo, or Themistocles at Trafalgar. His very acuteness deludes him. His very vigor causes him to stumble. The more correct his maxims, when applied to the state of society to which he is accustomed, the more certain they are to lead him astray. This was strikingly the case with Hastings. In India he had a bad hand; but he was master of the game, and he won every stake. In England he held excellent cards, if he had known how to play them; and it was chiefly by his own errors that he was brought to the verge of ruin.

Of all his errors the most serious was perhaps the choice of a champion.

Clive, in similar circ.u.mstances, had made a singularly happy selection.

He put himself into the hands of Wedderburn, afterwards Lord Loughborough, one of the few great advocates who have also been great in the House of Commons. To the defence of Clive, therefore, nothing was wanting, neither learning nor knowledge of the world, neither forensic acuteness nor that eloquence which charms political a.s.semblies. Hastings entrusted his interests to a very different person, a major in the Bengal army, named Scott. This gentleman had been sent over from India some time before as the agent of the Governor-General. It was rumored that his services were rewarded with Oriental munificence; and we believe that he received much more than Hastings could conveniently spare. The Major obtained a seat in Parliament, and was there regarded as the organ of his employer. It was evidently impossible that a gentleman so situated could speak with the authority which belongs to an independent position. Nor had the agent of Hastings the talents necessary for obtaining the ear of an a.s.sembly which, accustomed to listen to great orators, had naturally become fastidious. He was always on his legs; he was very tedious; and he had only one topic, the merits and wrongs of Hastings. Everybody who knows the House of Commons will easily guess what followed. The Major was soon considered as the greatest bore of his time. His exertions were not confined to Parliament. There was hardly a day on which the newspapers did not contain some puff upon Hastings, signed Asiaticus or Bengalensis, but known to be written by the indefatigable Scott; and hardly a month in which some bulky pamphlet on the same subject, and from the same pen, did not pa.s.s to the trunk-makers and the pastry-cooks. As to this gentleman's capacity for conducting a delicate question through Parliament, our readers will want no evidence beyond that which they will find in letters preserved in these volumes. We will give a single specimen of his temper and judgment. He designated the greatest man then living as "that reptile Mr. Burke."

In spite, however, of this unfortunate choice, the general aspect of affairs was favorable to Hastings. The King was on his side. The Company and its servants were zealous in his cause. Among public men he had many ardent friends. Such were Lord Mansfield, who had outlived the vigor of his body, but not that of his mind; and Lord Lansdowne, who, though unconnected with any party, retained the importance which belongs to great talents and knowledge. The ministers were generally believed to be favorable to the late Governor-General. They owed their power to the clamor which had been raised against Mr. Fox's East India Bill. The authors of that bill, when accused of invading vested rights, and of setting up powers unknown to the Const.i.tution, had defended themselves by pointing to the crimes of Hastings, and by arguing that abuses so extraordinary justified extraordinary measures. Those who, by opposing that bill, had raised themselves to the head of affairs would naturally be inclined to extenuate the evils which had been made the plea for administering so violent a remedy; and such, in fact, was their general disposition. The Lord Chancellor Thurlow, in particular, whose great place and force of intellect gave him a weight in the government inferior only to that of Mr. Pitt, espoused the cause of Hastings with indecorous violence. Mr. Pitt, though he had censured many parts of the Indian system, had studiously abstained from saying a word against the late chief of the Indian government. To Major Scott, indeed, the young minister had in private extolled Hastings as a great, a wonderful man, who had the highest claims on the government. There was only one objection to granting all that so eminent a servant of the public could ask. The resolution of censure still remained on the Journals of the House of Commons. That resolution was, indeed, unjust; but, till it was rescinded, could the minister advise the King to bestow any mark of approbation on the person censured? If Major Scott is to be trusted, Mr.

Pitt declared that this was the only reason which prevented the advisers of the Crown from conferring a peerage on the late Governor-General. Mr.

Dundas was the only important member of the administration who was deeply committed to a different view of the subject. He had moved the resolution which created the difficulty; but even from him little was to be apprehended. Since he had presided over the committee on Eastern affairs, great changes had taken place. He was surrounded by new allies; he had fixed his hopes on new objects; and whatever may have been his good qualities,--and he had many,--flattery itself never reckoned rigid consistency in the number.

From the ministry, therefore, Hastings had every reason to expect support; and the ministry was very powerful. The Opposition was loud and vehement against him. But the Opposition, though formidable from the wealth and influence of some of its members, and from the admirable talents and eloquence of others, was outnumbered in Parliament, and odious throughout the country. Nor, as far as we can judge, was the Opposition generally desirous to engage in so serious an undertaking as the impeachment of an Indian Governor. Such an impeachment must last for years. It must impose on the chiefs of the party an immense load of labor. Yet it could scarcely, in any manner, affect the event of the great political game. The followers of the coalition were therefore more inclined to revile Hastings than to prosecute him. They lost no opportunity of coupling his name with the names of the most hateful tyrants of whom history makes mention. The wits of Brooks's aimed their keenest sarcasms both at his public and at his domestic life. Some fine diamonds which he had presented, as it was rumored, to the royal family, and a certain richly carved ivory bed which the Queen had done him the honor to accept from him, were favorite subjects of ridicule. One lively poet proposed that the great acts of the fair Marian's present husband should be immortalized by the pencil of his predecessor; and that Imhoff should be employed to embellish the House of Commons with paintings of the bleeding Rohillas, of Nuncomar swinging, of Cheyte Sing letting himself down to the Ganges. Another, in an exquisitely humorous parody of Virgil's third eclogue, propounded the question what that mineral could be of which the rays had power to make the most austere of princesses the friend of a wanton. A third described, with gay malevolence, the gorgeous appearance of Mrs. Hastings at St. James's, the galaxy of jewels, torn from Indian Begums, which adorned her headdress, her necklace gleaming with future votes, and the depending questions that shone upon her ears. Satirical attacks of this description, and perhaps a motion for a vote of censure, would have satisfied the great body of the Opposition. But there were two men whose indignation was not to be so appeased, Philip Francis and Edmund Burke.

Francis had recently entered the House of Commons, and had already established a character there for industry and ability. He labored indeed under one most unfortunate defect, want of fluency. But he occasionally expressed himself with a dignity and energy worthy of the greatest orators. Before he had been many days in Parliament, he incurred the bitter dislike of Pitt, who constantly treated him with as much asperity as the laws of debate would allow. Neither lapse of years nor change of scene had mitigated the enmities which Francis had brought back from the East. After his usual fas.h.i.+on, he mistook his malevolence for virtue, nursed it, as preachers tell us that we ought to nurse our good dispositions, and paraded it, on all occasions, with Pharisaical ostentation.

The zeal of Burke was still fiercer; but it was far purer. Men unable to understand the elevation of his mind have tried to find out some discreditable motive for the vehemence and pertinacity which he showed on this occasion. But they have altogether failed. The idle story that he had some private slight to revenge has long been given up, even by the advocates of Hastings. Mr. Gleig supposes that Burke was actuated by party spirit, that he retained a bitter remembrance of the fall of the coalition, that he attributed that fall to the exertions of the East India interest, and that he considered Hastings as the head and the representative of that interest. This explanation seems to be sufficiently refuted by a reference to dates. The hostility of Burke to Hastings commenced long before the coalition, and lasted long after Burke had become a strenuous supporter of those by whom the coalition had been defeated. It began when Burke and Fox, closely allied together, were attacking the influence of the Crown, and calling for peace with the American republic. It continued till Burke, alienated from Fox, and loaded with the favors of the Crown, died, preaching a crusade against the French republic. We surely cannot attribute to the events of 1784 an enmity which began in 1781, and which retained undiminished force long after persons far more deeply implicated than Hastings in the events of 1784 had been cordially forgiven. And why should we look for any other explanation of Burke's conduct than that which we find on the surface?

The plain truth is that Hastings had committed some great crimes, and that the thought of those crimes made the blood of Burke boil in his veins. For Burke was a man in whom compa.s.sion for suffering and hatred of injustice and tyranny were as strong as in Las Casas or Clarkson. And although in him, as in Las Casas and in Clarkson, these n.o.ble feelings were alloyed with the infirmity which belongs to human nature, he is, like them, ent.i.tled to this great praise, that he devoted years of intense labor to the service of a people with whom he had neither blood nor language, neither religion nor manners, in common, and from whom no requital, no thanks, no applause could be expected.

His knowledge of India was such as few, even of those Europeans who have pa.s.sed many years in that country, have attained, and such as certainly was never attained by any public man who had not quitted Europe. He had studied the history, the laws, and the usages of the East with an industry such as is seldom found united to so much genius and so much sensibility. Others have perhaps been equally laborious, and have collected an equal ma.s.s of materials. But the manner in which Burke brought his higher powers of intellect to work on statements of facts, and on tables of figures, was peculiar to himself. In every part of those huge bales of Indian information which repelled almost all other readers, his mind, at once philosophical and poetical, found something to instruct or to delight. His reason a.n.a.lyzed and digested those vast and shapeless ma.s.ses; his imagination animated and colored them. Out of darkness, and dulness, and confusion, he formed a mult.i.tude of ingenious theories and vivid pictures. He had, in the highest degree, that n.o.ble faculty whereby man is able to live in the past and in the future, in the distant and in the unreal. India and its inhabitants were not to him, as to most Englishmen, mere names and abstractions, but a real country and a real people. The burning sun, the strange vegetation of the palm and the cocoa tree, the rice-field, the tank, the huge trees, older than the Mogul empire, under which the village crowds a.s.semble, the thatched roof of the peasant's hut, the rich tracery of the mosque where the imaum prays with his face to Mecca, the drums, and banners, and gaudy idols, the devotee swinging in the air, the graceful maiden, with the pitcher on her head, descending the steps to the riverside, the black faces, the long beards, the yellow streaks of sect, the turbans and the flowing robes, the spears and the silver maces, the elephants with their canopies of state, the gorgeous palanquin of the prince, and the close litter of the n.o.ble lady,--all these things were to him as the objects amidst which his own life had been pa.s.sed, as the objects which lay on the road between Beaconsfield and St. James's Street. All India was present to the eye of his mind, from the halls where suitors laid gold and perfumes at the feet of sovereigns to the wild moor where the gypsy camp was pitched, from the bazaar, humming like a beehive with the crowd of buyers and sellers, to the jungle where the lonely courier shakes his bunch of iron rings to scare away the hyenas. He had just as lively an idea of the insurrection at Benares as of Lord George Gordon's riots, and of the execution of Nuncomar as of the execution of Dr. Dodd.

Oppression in Bengal was to him the same thing as oppression in the streets of London.

He saw that Hastings had been guilty of some most unjustifiable acts.

All that followed was natural and necessary in a mind like Burke's. His imagination and his pa.s.sions, once excited, hurried him beyond the bounds of justice and good sense. His reason, powerful as it was, became the slave of feelings which it should have controlled. His indignation, virtuous in its origin, acquired too much of the character of personal aversion. He could see no mitigating circ.u.mstance, no redeeming merit.

His temper, which, though generous and affectionate, had always been irritable, had now been made almost savage by bodily infirmities and mental vexations. Conscious of great powers and great virtues, he found himself, in age and poverty, a mark for the hatred of a perfidious court and a deluded people. In Parliament his eloquence was out of date. A young generation, which knew him not, had filled the House. Whenever he rose to speak, his voice was drowned by the unseemly interruption of lads who were in their cradles when his orations on the Stamp Act called forth the applause of the great Earl of Chatham. These things had produced on his proud and sensitive spirit an effect at which we cannot wonder. He could no longer discuss any question with calmness, or make allowance for honest differences of opinion. Those who think that he was more violent and acrimonious in debates about India than on other occasions are ill informed respecting the last years of his life. In the discussions on the Commercial Treaty with the Court of Versailles, on the Regency, on the French Revolution, he showed even more virulence than in conducting the impeachment. Indeed, it may be remarked that the very persons who called him a mischievous maniac, for condemning in burning words the Rohilla war and the spoliation of the Begums, exalted him into a prophet as soon as he began to declaim, with greater vehemence, and not with greater reason, against the taking of the Bastile and the insults offered to Marie Antoinette. To us he appears to have been neither a maniac in the former case nor a prophet in the latter, but in both cases a great and good man, led into extravagance by a sensibility which domineered over all his faculties.

It may be doubted whether the personal antipathy of Francis, or the n.o.bler indignation of Burke, would have led their party to adopt extreme measures against Hastings, if his own conduct had been judicious. He should have felt that, great as his public services had been, he was not faultless; and should have been content to make his escape, without aspiring to the honors of a triumph. He and his agent took a different view. They were impatient for the rewards which, as they conceived, were deferred only till Burke's attack should be over. They accordingly resolved to force on a decisive action with an enemy for whom, if they had been wise, they would have made a bridge of gold. On the first day of the session of 1786, Major Scott reminded Burke of the notice given in the preceding year, and asked whether it was seriously intended to bring any charge against the late Governor-General. This challenge left no course open to the Opposition, except to come forward as accusers, or to acknowledge themselves calumniators. The administration of Hastings had not been so blameless, nor was the great party of Fox and North so feeble, that it could be prudent to venture on so bold a defiance. The leaders of the Opposition instantly returned the only answer which they could with honor return; and the whole party was irrevocably pledged to a prosecution.

Burke began his operations by applying for Papers. Some of the doc.u.ments for which he asked were refused by the ministers, who, in the debate, held language such as strongly confirmed the prevailing opinion that they intended to support Hastings. In April the charges were laid on the table. They had been drawn by Burke with great ability, though in a form too much resembling that of a pamphlet. Hastings was furnished with a copy of the accusation; and it was intimated to him that he might, if he thought fit, be heard in his own defence at the bar of the Commons.

Here again Hastings was pursued by the same fatality which had attended him ever since the day when he set foot on English ground. It seemed to be decreed that this man, so politic and so successful in the East, should commit nothing but blunders in Europe. Any judicious adviser would have told him that the best thing which he could do would be to make an eloquent, forcible, and affecting oration at the bar of the House; but that, if he could not trust himself to speak, and found it necessary to read, he ought to be as concise as possible. Audiences accustomed to extemporaneous debating of the highest excellence are always impatient of long written compositions. Hastings, however, sat down as he would have done at the Government House in Bengal, and prepared a paper of immense length. That paper, if recorded on the consultations of an Indian administration, would have been justly praised as a very able minute. But it was now out of place. It fell flat, as the best written defence must have fallen flat, on an a.s.sembly accustomed to the animated and strenuous conflicts of Pitt and Fox. The members, as soon as their curiosity about the face and demeanor of so eminent a stranger was satisfied, walked away to dinner, and left Hastings to tell his story till midnight to the clerks and the Sergeant-at-arms.

All preliminary steps having been duly taken, Burke, in the beginning of June, brought forward the charge relating to the Rohilla war. He acted discreetly in placing this accusation in the van; for Dundas had formerly moved, and the House had adopted, a resolution condemning, in the most severe terms, the policy followed by Hastings with regard to Rohilcund. Dundas had little, or rather nothing, to say in defence of his own consistency; but he put a bold face on the matter, and opposed the motion. Among other things, he declared that, though he still thought the Rohilla war unjustifiable, he considered the services which Hastings had subsequently rendered to the state as sufficient to atone even for so great an offence. Pitt did not speak, but voted with Dundas; and Hastings was absolved by a hundred and nineteen votes against sixty-seven.

Hastings was now confident of victory. It seemed, indeed, that he had reason to be so. The Rohilla war was, of all his measures, that which his accusers might with greatest advantage a.s.sail. It had been condemned by the Court of Directors. It had been condemned by the House of Commons. It had been condemned by Mr. Dundas, who had since become the chief minister of the Crown for Indian affairs. Yet Burke, having chosen this strong ground, had been completely defeated on it. That, having failed here, he should succeed on any point, was generally thought impossible. It was rumored at the clubs and coffee-houses that one or perhaps two more charges would be brought forward, that if, on those charges, the sense of the House of Commons should be against impeachment, the Opposition would let the matter drop, that Hastings would be immediately raised to the peerage, decorated with the star of the Bath, sworn of the Privy Council, and invited to lend the a.s.sistance of his talents and experience to the India board. Lord Thurlow, indeed, some months before, had spoken with contempt of the scruples which prevented Pitt from calling Hastings to the House of Lords; and had even said, that if the Chancellor of the Exchequer was afraid of the Commons, there was nothing to prevent the Keeper of the Great Seal from taking the royal pleasure about a patent of peerage. The very t.i.tle was chosen.

Hastings was to be Lord Daylesford. For, through all changes of scene and changes of fortune, remained unchanged his attachment to the spot which had witnessed the greatness and the fall of his family, and which had borne so great a part in the first dreams of his young ambition.

But in a very few days these fair prospects were overcast. On the thirteenth of June, Mr. Fox brought forward, with great ability and eloquence, the charge respecting the treatment of Cheyte Sing. Francis followed on the same side. The friends of Hastings were in high spirits when Pitt rose. With his usual abundance and felicity of language, the Minister gave his opinion on the case. He maintained that the Governor-General was justified in calling on the Rajah of Benares for pecuniary a.s.sistance, and in imposing a fine when that a.s.sistance was contumaciously withheld. He also thought that the conduct of the Governor-General during the insurrection had been distinguished by ability and presence of mind. He censured, with great bitterness, the conduct of Francis, both in India and in Parliament, as most dishonest and malignant. The necessary inference from Pitt's arguments seemed to be that Hastings ought to be honorably acquitted; and both the friends and the opponents of the Minister expected from him a declaration to that effect. To the astonishment of all parties, he concluded by saying that, though he thought it right in Hastings to fine Cheyte Sing for contumacy, yet the amount of the fine was too great for the occasion. On this ground, and on this ground alone, did Mr. Pitt, applauding every other part of the conduct of Hastings with regard to Benares, declare that he should vote in favor of Mr. Fox's motion.

The House was thunderstruck; and it well might be so. For the wrong done to Cheyte Sing, even had it been as flagitious as Fox and Francis contended, was a trifle when compared with the horrors which had been inflicted on Rohilcund. But if Mr. Pitt's view of the case of Cheyte Sing were correct, there was no ground for an impeachment, or even for a vote of censure. If the offence of Hastings was really no more than this, that, having a right to impose a mulct, the amount of which mulct was not defined, but was left to be settled by his discretion, he had, not for his own advantage, but for that of the state, demanded too much, was this an offence which required a criminal proceeding of the highest solemnity,--a criminal proceeding to which, during sixty years, no public functionary had been subjected? We can see, we think, in what way a man of sense and integrity might have been induced to take any course respecting Hastings except the course which Mr. Pitt took. Such a man might have thought a great example necessary, for the preventing of injustice and for the vindicating the national honor, and might, on that ground, have voted for impeachment both on the Rohilla charge and on the Benares charge. Such a man might have thought that the offences of Hastings had been atoned for by great services, and might, on that ground, have voted against the impeachment, on both charges. With great diffidence, we give it as our opinion that the most correct course would, on the whole, have been to impeach on the Rohilla charge, and to acquit on the Benares charge. Had the Benares charge appeared to us in the same light in which it appeared to Mr. Pitt, we should, without hesitation, have voted for acquittal on that charge. The one course which it is inconceivable that any man of a tenth part of Mr. Pitt's abilities can have honestly taken was the course which he took. He acquitted Hastings on the Rohilla charge. He softened down the Benares charge till it became no charge at all; and then he p.r.o.nounced that it contained matter for impeachment.

Nor must it be forgotten that the princ.i.p.al reason a.s.signed by the ministry for not impeaching Hastings on account of the Rohilla war was this, that the delinquencies of the early part of his administration had been atoned for by the excellence of the later part. Was it not most extraordinary that men who had held this language could afterwards vote that the later part of his administration furnished matter for no less than twenty articles of impeachment? They first represented the conduct of Hastings in 1780 and 1781 as so highly meritorious that, like works of supererogation in the Catholic theology, it ought to be efficacious for the cancelling of former offences; and they then prosecuted him for his conduct in 1780 and 1781.

The general astonishment was the greater because, only twenty-four hours before, the members on whom the Minister could depend had received the usual notes from the Treasury, begging them to be in their places and to vote against Mr. Fox's motion. It was a.s.serted by Mr. Hastings that, early on the morning of the very day on which the debate took place, Dundas called on Pitt, woke him, and was closeted with him many hours.

The result of this conference was a determination to give up the late Governor-General to the vengeance of the Opposition. It was impossible even for the most powerful minister to carry all his followers with him in so strange a course. Several persons high in office, the Attorney-General, Mr. Grenville, and Lord Mulgrave, divided against Mr.

Pitt. But the devoted adherents who stood by the head of the government without asking questions were sufficiently numerous to turn the scale. A hundred and nineteen members voted for Mr. Fox's motion; seventy-nine against it. Dundas silently followed Pitt.

That good and great man, the late William Wilberforce, often related the events of this remarkable night. He described the amazement of the House, and the bitter reflections which were muttered against the Prime Minister by some of the habitual supporters of government. Pitt himself appeared to feel that his conduct required some explanation. He left the treasury bench, sat for some time next to Mr. Wilberforce, and very earnestly declared that he had found it impossible, as a man of conscience, to stand any longer by Hastings. The business, he said, was too bad. Mr. Wilberforce, we are bound to add, fully believed that his friend was sincere, and that the suspicions to which this mysterious affair gave rise were altogether unfounded.

Those suspicions, indeed, were such as it is painful to mention. The friends of Hastings, most of whom, it is to be observed, generally supported the administration, affirmed that the motive of Pitt and Dundas was jealousy. Hastings was personally a favorite with the King.

He was the idol of the East India Company and of its servants. If he were absolved by the Commons, seated among the Lords, admitted to the Board of Control, closely allied with the strong-minded and imperious Thurlow, was it not almost certain that he would soon draw to himself the entire management of Eastern affairs? Was it not possible that he might become a formidable rival in the cabinet? It had probably got abroad that very singular communications had taken place between Thurlow and Major Scott, and that, if the first Lord of the Treasury was afraid to recommend Hastings for a peerage, the Chancellor was ready to take the responsibility of that step on himself. Of all ministers, Pitt was the least likely to submit with patience to such an encroachment on his functions. If the Commons impeached Hastings, all danger was at an end.

The proceeding, however it might terminate, would probably last some years. In the meantime, the accused person would be excluded from honors and public employments, and could scarcely venture even to pay his duty at court. Such were the motives attributed by a great part of the public to the young minister, whose ruling pa.s.sion was generally believed to be avarice of power.

The prorogation soon interrupted the discussions respecting Hastings. In the following year, those discussions were resumed. The charge touching the spoliation of the Begums was brought forward by Sheridan, in a speech which was so imperfectly reported that it may be said to be wholly lost, but which was, without doubt, the most elaborately brilliant of all the productions of his ingenious mind. The impression which it produced was such as has never been equalled. He sat down, not merely amidst cheering, but amidst the loud clapping of hands, in which the Lords below the bar and the strangers in the gallery joined. The excitement of the House was such that no other speaker could obtain a hearing; and the debate was adjourned. The ferment spread fast through the town. Within four and twenty hours, Sheridan was offered a thousand pounds for the copyright of the speech, if he would himself correct it for the press. The impression made by this remarkable display of eloquence on severe and experienced critics, whose discernment may be supposed to have been quickened by emulation, was deep and permanent.

Mr. Windham, twenty years later, said that the speech deserved all its fame, and was, in spite of some faults of taste, such as were seldom wanting either in the literary or in the parliamentary performances of Sheridan, the finest that had been delivered within the memory of man.

Mr. Fox, about the same time, being asked by the late Lord Holland what was the best speech ever made in the House of Commons, a.s.signed the first place, without hesitation, to the great oration of Sheridan on the Oude charge.

When the debate was resumed, the tide ran so strongly against the accused that his friends were coughed and sc.r.a.ped down. Pitt declared himself for Sheridan's motion; and the question was carried by a hundred and seventy-five votes against sixty-eight.

The Opposition, flushed with victory and strongly supported by the public sympathy, proceeded to bring forward a succession of charges relating chiefly to pecuniary transactions. The friends of Hastings were discouraged, and, having now no hope of being able to avert an impeachment, were not very strenuous in their exertions. At length the House, having agreed to twenty articles of charge, directed Burke to go before the Lords, and to impeach the late Governor-General of High Crimes and Misdemeanors. Hastings was at the same time arrested by the Sergeant-at-arms, and carried to the bar of the Peers.

The session was now within ten days of its close. It was, therefore, impossible that any progress could be made in the trial till the next year. Hastings was admitted to bail; and further proceedings were postponed till the Houses should rea.s.semble.

When Parliament met in the following winter, the Commons proceeded to elect a committee for managing the impeachment. Burke stood at the head; and with him were a.s.sociated most of the leading members of the Opposition. But when the name of Francis was read a fierce contention arose. It was said that Francis and Hastings were notoriously on bad terms, that they had been at feud during many years, that on one occasion their mutual aversion had impelled them to seek each other's lives, and that it would be improper and indelicate to select a private enemy to be a public accuser. It was urged on the other side with great force, particularly by Mr. Windham, that impartiality, though the first duty of a judge, had never been reckoned among the qualities of an advocate; that in the ordinary administration of criminal justice among the English, the aggrieved party, the very last person who ought to be admitted into the jury-box, is the prosecutor; that what was wanted in a manager was, not that he should be free from bias, but that he should be able, well informed, energetic, and active. The ability and information of Francis were admitted; and the very animosity with which he was reproached, whether a virtue or a vice, was at least a pledge for his energy and activity. It seems difficult to refute these arguments. But the inveterate hatred borne by Francis to Hastings had excited general disgust. The House decided that Francis should not be a manager. Pitt voted with the majority, Dundas with the minority.

In the meantime, the preparations for the trial had proceeded rapidly; and on the thirteenth of February, 1788, the sittings of the Court commenced. There have been spectacles more dazzling to the eye, more gorgeous with jewelry and cloth of gold, more attractive to grown-up children, than that which was then exhibited at Westminster; but, perhaps, there never was a spectacle so well calculated to strike a highly cultivated, a reflecting, an imaginative mind. All the various kinds of interest which belong to the near and to the distant, to the present and to the past, were collected on one spot, and in one hour.

All the talents and all the accomplishments which are developed by liberty and civilization were now displayed, with every advantage that could be derived both from cooperation and from contrast. Every step in the proceedings carried the mind either backward, through many troubled centuries, to the days when the foundations of our Const.i.tution were laid, or far away, over boundless seas and deserts, to dusky nations living under strange stars, wors.h.i.+pping strange G.o.ds, and writing strange characters from right to left. The High Court of Parliament was to sit, according to forms handed down from the days of the Plantagenets, on an Englishman accused of exercising tyranny over the lord of the holy city of Benares, and over the ladies of the princely House of Oude.

The place was worthy of such a trial. It was the great hall of William Rufus, the hall which had resounded with acclamations at the inauguration of thirty kings, the hall which had witnessed the just sentence of Bacon and the just absolution of Somers, the hall where the eloquence of Strafford had for a moment awed and melted a victorious party inflamed with just resentment, the hall where Charles had confronted the High Court of Justice with the placid courage which has half redeemed his fame. Neither military nor civil pomp was wanting. The avenues were lined with grenadiers. The streets were kept clear by cavalry. The peers, robed in gold and ermine, were marshalled by the heralds under Garter King-at-arms. The judges in their vestments of state attended to give advice on points of law. Near a hundred and seventy lords, three fourths of the Upper House as the Upper House then was, walked in solemn order from their usual place of a.s.sembling to the tribunal. The junior baron present led the way, George Eliott, Lord Heathfield, recently enn.o.bled for his memorable defence of Gibraltar against the fleets and armies of France and Spain. The long procession was closed by the Duke of Norfolk, Earl Marshal of the realm, by the great dignitaries, and by the brothers and sons of the King. Last of all came the Prince of Wales, conspicuous by his fine person and n.o.ble bearing. The gray old walls were hung with scarlet. The long galleries were crowded by an audience such as has rarely excited the fears or the emulation of an orator. There were gathered together, from all parts of a great, free, enlightened, and prosperous empire, grace and female loveliness, wit and learning, the representatives of every science and of every art. There were seated round the Queen the fair-haired young daughters of the House of Brunswick. There the Amba.s.sadors of great Kings and Commonwealths gazed with admiration on a spectacle which no other country in the world could present. There Siddons, in the prime of her majestic beauty, looked with emotion on a scene surpa.s.sing all the imitations of the stage. There the historian of the Roman empire thought of the days when Cicero pleaded the cause of Sicily against Verres, and when, before a senate which still retained some show of freedom, Tacitus thundered against the oppressor of Africa. There were seen, side by side, the greatest painter and the greatest scholar of the age. The spectacle had allured Reynolds from that easel which has preserved to us the thoughtful foreheads of so many writers and statesmen, and the sweet smiles of so many n.o.ble matrons. It had induced Parr to suspend his labors in that dark and profound mine from which he had extracted a vast treasure of erudition, a treasure too often buried in the earth, too often paraded with injudicious and inelegant ostentation, but still precious, ma.s.sive, and splendid. There appeared the voluptuous charms of her to whom the heir of the throne had in secret plighted his faith.

There too was she, the beautiful mother of a beautiful race, the St.

Cecilia whose delicate features, lighted up by love and music, art has rescued from the common decay. There were the members of that brilliant society which quoted, criticised, and exchanged repartees, under the rich peac.o.c.k hangings of Mrs. Montague. And there the ladies whose lips, more persuasive than those of Fox himself, had carried the Westminster election against palace and treasury shone round Georgiana, d.u.c.h.ess of Devons.h.i.+re.

The Sergeants made proclamation. Hastings advanced to the bar, and bent his knee. The culprit was indeed not unworthy of that great presence. He had ruled an extensive and populous country, had made laws and treaties, had sent forth armies, had set up and pulled down princes.

And in his high place he had so borne himself that all had feared him, that most had loved him, and that hatred itself could deny him no t.i.tle to glory, except virtue. He looked like a great man, and not like a bad man. A person small and emaciated, yet deriving dignity from a carriage which, while it indicated deference to the Court, indicated also habitual self-possession and self-respect, a high and intellectual forehead, a brow pensive but not gloomy, a mouth of inflexible decision, a face pale and worn, but serene, on which was written, as legibly as under the picture in the council chamber at Calcutta, _Mens aequa in arduis_; such was the aspect with which the great proconsul presented himself to his judges.

His counsel accompanied him, men all of whom were afterwards raised by their talents and learning to the highest posts in their profession, the bold and strong-minded Law, afterwards Chief Justice of the King's Bench; the more humane and eloquent Dallas, afterwards Chief Justice of the Common Pleas: and Plomer who, near twenty years later, successfully conducted in the same high court the defence of Lord Melville, and subsequently became Vice-Chancellor and Master of the Rolls.

But neither the culprit nor his advocates attracted so much notice as the accusers. In the midst of the blaze of red drapery, a s.p.a.ce had been fitted up with green benches and tables for the Commons. The managers, with Burke at their head, appeared in full dress. The collectors of gossip did not fail to remark that even Fox, generally so regardless of his appearance, had paid to the ill.u.s.trious tribunal the compliment of wearing a bag and sword. Pitt had refused to be one of the conductors of the impeachment; and his commanding, copious, and sonorous eloquence was wanting to that great muster of various talents. Age and blindness had unfitted Lord North for the duties of a public prosecutor; and his friends were left without the help of his excellent sense, his tact, and his urbanity. But, in spite of the absence of these two distinguished members of the Lower House, the box in which the managers stood contained an array of speakers such as perhaps had not appeared together since the great age of Athenian eloquence. There were Fox and Sheridan, the English Demosthenes and the English Hyperides. There was Burke, ignorant, indeed, or negligent of the art of adapting his reasonings and his style to the capacity and taste of his hearers, but in amplitude of comprehension and richness of imagination superior to every orator, ancient or modern. There, with eyes reverentially fixed on Burke, appeared the finest gentleman of the age, his form developed by every manly exercise, his face beaming with intelligence and spirit, the ingenious, the chivalrous, the high-souled Windham. Nor, though surrounded by such men, did the youngest manager pa.s.s unnoticed. At an age when most of those who distinguish themselves in life are still contending for prizes and fellows.h.i.+ps at collage, he had won for himself a conspicuous place in Parliament. No advantage of fortune or connection was wanting that could set off to the height his splendid talents and his unblemished honor. At twenty-three he had been thought worthy to be ranked with the veteran statesmen who appeared as the delegates of the British Commons, at the bar of the British n.o.bility. All who stood at that bar, save him alone, are gone, culprit, advocates, accusers. To the generation which is now in the vigor of life, he is the sole representative of a great age which has pa.s.sed away. But those who, within the last ten years, have listened with delight, till the morning sun shone on the tapestries of the House of Lords, to the lofty and animated eloquence of Charles Earl Grey are able to form some estimate of the powers of a race of men among whom he was not the foremost.

The charges and the answers of Hastings were first read. The ceremony occupied two whole days, and was rendered less tedious than it would otherwise have been by the silver voice and just emphasis of Cowper, the clerk of the court, a near relation of the amiable poet. On the third day Burke rose. Four sittings were occupied by his opening speech, which was intended to be a general introduction to all the charges. With an exuberance of thought and a splendor of diction which more than satisfied the highly raised expectation of the audience, he described the character and inst.i.tutions of the natives of India, recounted the circ.u.mstances in which the Asiatic empire of Britain had originated, and set forth the const.i.tution of the Company and of the English Presidencies. Having thus attempted to communicate to his hearers an idea of Eastern society, as vivid as that which existed in his own mind, he proceeded to arraign the administration of Hastings as systematically conducted in defiance of morality and public law. The energy and pathos of the great orator extorted expressions of unwonted admiration from the stern and hostile Chancellor, and, for a moment, seemed to pierce even the resolute heart of the defendant. The ladies in the galleries, unaccustomed to such displays of eloquence, excited by the solemnity of the occasion, and perhaps not unwilling to display their taste and sensibility, were in a state of uncontrollable emotion. Handkerchiefs were pulled out; smelling-bottles were handed round; hysterical sobs and screams were heard; and Mrs. Sheridan was carried out in a fit. At length the orator concluded. Raising his voice till the old arches of Irish oak resounded, "Therefore," said he, "hath it with all confidence been ordered by the Commons of Great Britain, that I impeach Warren Hastings of high crimes and misdemeanors. I impeach him in the name of the Commons' House of Parliament, whose trust he has betrayed. I impeach him in the name of the English nation, whose ancient honor he has sullied. I impeach him in the name of the people of India, whose rights he has trodden under foot, and whose country he has turned into a desert. Lastly, in the name of human nature itself, in the name of both s.e.xes, in the name of every age, in the name of every rank, I impeach the common enemy and oppressor of all."

When the deep murmur of various emotions had subsided, Mr. Fox rose to address the Lords respecting the course of proceeding to be followed.

The wish of the accusers was that the Court would bring to a close the investigation of the first charge before the second was opened. The wish of Hastings and of his counsel was that the managers should open all the charges, and produce all the evidence for the prosecution, before the defence began. The Lords retired to their own House to consider the question. The Chancellor took the side of Hastings. Lord Loughborough, who was now in opposition, supported the demand of the managers. The division showed which way the inclination of the tribunal leaned. A majority of near three to one decided in favor of the course for which Hastings contended.

When the Court sat again, Mr. Fox, a.s.sisted by Mr. Grey, opened the charge respecting Cheyte Sing, and several days were spent in reading papers and hearing witnesses. The next article was that relating to the Princesses of Oude. The conduct of this part of the case was entrusted to Sheridan. The curiosity of the public to hear him was unbounded. His sparkling and highly finished declamation lasted two days; but the hall was crowded to suffocation during the whole time. It was said that fifty guineas had been paid for a single ticket. Sheridan, when he concluded, contrived, with a knowledge of stage effect which his father might have envied, to sink back, as if exhausted, into the arms of Burke, who hugged him with the energy of generous admiration.

June was now far advanced. The session could not last much longer; and the progress which had been made in the impeachment was not very satisfactory. There were twenty charges. On two only of these had even the case for the prosecution been heard; and it was now a year since Hastings had been admitted to bail.

The interest taken by the public in the trial was great when the Court began to sit, and rose to the height when Sheridan spoke on the charge relating to the Begums. From that time the excitement went down fast.

The spectacle had lost the attraction of novelty. The great displays of rhetoric were over. What was behind was not of a nature to entice men of letters from their books in the morning, or to tempt ladies who had left the masquerade at two to be out of bed before eight. There remained examinations and cross-examinations. There remained statements of accounts. There remained the reading of papers, filled with words unintelligible to English ears, with lacs and crores, zemindars and aumils, sunnuds and perwannahs, jaghires and nuzzurs. There remained bickerings, not always carried on with the best taste or with the best temper, between the managers of the impeachment and the counsel for the defence, particularly between Mr. Burke and Mr. Law. There remained the endless marches and countermarches of the Peers between their House and the hall: for as often as a point of law was to be discussed, their Lords.h.i.+ps retired to discuss it apart; and the consequence was, as a Peer wittily said, that the Judges walked and the trial stood still.

It is to be added that, in the spring of 1788, when the trial commenced, no important question, either of domestic or foreign policy, occupied the public mind. The proceeding in Westminster Hall, therefore, naturally attracted most of the attention of Parliament and of the public. It was the one great event of that season. But in the following year the King's illness, the debates on the Regency, the expectation of a change of Ministry, completely diverted public attention from Indian affairs; and within a fortnight after George the Third had returned thanks in St. Paul's for his recovery, the States-General of France met at Versailles. In the midst of the agitation produced by these events, the impeachment was for a time almost forgotten.

The trial in the hall went on languidly. In the session of 1788, when the proceedings had the interest of novelty, and when the Peers had little other business before them, only thirty-five days were given to the impeachment. In 1789 the Regency Bill occupied the Upper House till the session was far advanced. When the King recovered the circuits were beginning. The Judges left town; the Lords waited for the return of the oracles of jurisprudence; and the consequence was that during the whole year only seventeen days were given to the case of Hastings. It was clear that the matter would be protracted to a length unprecedented in the annals of criminal law.