Critical and Historical Essays Volume I Part 36

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 a.s.sertion 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 ent.i.tled 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 at Fort William and of all the neighbouring 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. n.o.body could be treated as a criminal for obeying what the judges should solemnly p.r.o.nounce to be the lawful government. The boldest man would shrink from taking arms in defence of what the judges should p.r.o.nounce to be usurpation.

Clavering and Francis, after some delay, unwillingly consented to abide by the award of the court. The court p.r.o.nounced 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 a.s.sembly. But Hastings, whom, as it should seem, success in ambition and in love had put into high good-humour, would take no denial. He went himself to the General's house, and at length brought his vanquished rival in triumph to the gay circle which surrounded the bride. The exertion was too much for a frame broken by mortification as well as by disease. Clavering died a few days later.

Wheler, who came out expecting to be Governor-General, and was forced to content himself with a seat at the council-board, generally voted with Francis. But the Governor-General, with Barwell's help and his own 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 inst.i.tutions 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 vigour and genius which had guided the councils of George the Second, now rejoiced in the prospect of a signal revenge. The time was approaching when our island, while struggling to keep down the United States of America, and pressed with a still nearer danger by the too just discontents of Ireland, was to be a.s.sailed 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 pa.s.sed, 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 a.s.sail our possessions on the side of the land. It was chiefly from the Mahrattas that Hastings antic.i.p.ated danger. The original seat of that singular people was the wild range of hills which runs along the western coast of India. In the reign of Aurungzebe the inhabitants of those regions, led by the great Sevajee, began to descend on the possessions of their wealthier and less warlike neighbours. The energy, ferocity, and cunning of the Mahrattas, soon made them the most conspicuous among the new powers which were generated by the corruption of the decaying monarchy. At first they were only robbers. They soon rose to the dignity of conquerors. Half the provinces of the empire were turned into Mahratta princ.i.p.alities, 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 bang and toyed with dancing girls in a state prison at Sattara, and of his Peshwa or mayor of the palace, a great hereditary magistrate, who kept a court with kingly state at Poonah, and whose authority was obeyed in the s.p.a.cious provinces of Aurungabad and Bej.a.poor.

Some months before wax was declared in Europe the Government of Bengal was alarmed by the news that a French adventurer, who pa.s.sed 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 t.i.tle of the Peshwa was not undisputed. A portion of the Mahratta nation was favourable to a pretender. The Governor General determined to espouse this pretender's interest, to move an army across the peninsula of India, and to form a close alliance with the chief of the house of Bonsla, who ruled Berar, and who, in power and dignity, was inferior to none of the Mahratta princes.

The army had marched, and the negotiations with Berar were in progress, when a letter from the English consul at Cairo brought the news that war had been proclaimed both in London and Paris.

All the measures which the crisis required were adopted by Hastings without a moment's delay. The French factories in Bengal were seized. Orders were sent to Madras that Pondicherry should instantly be occupied. Near Calcutta works were thrown up which were thought to render the approach of a hostile force impossible. A maritime establishment was formed for the defence of the river. Nine new battalions of sepoys were raised, and a corps of native artillery was formed out of the hardy Lascars of the Bay of Bengal. Having made these arrangements, the Governor- General, with calm confidence, p.r.o.nounced 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 Pla.s.sey, 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 vigour of his mind altogether unimpaired. He was capricious and fretful, and required much coaxing to keep him in good humour. It must, we fear, be added that the love of money had grown 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 n.o.ble 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 recognised at once that face and figure which he had not seen for more than half a century, and, forgetting his salaam 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 a.s.siduous courtship, and by readily granting the most exorbitant allowances, to gratify the strongest pa.s.sions 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 dest.i.tute--to forget private enmities, and to co-operate heartily for the general good. Coote had never been concerned in faction. Wheler was thoroughly tired of it. Barwell had made an ample fortune, and, though he had promised that he would not leave Calcutta while his help was needed in Council, was most desirous to return to England, and exerted himself to promote an arrangement which would set him at liberty.

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 honours 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, and the other political; and, with a carelessness scandalously common in English legislation, had omitted to define the limits of either.

The judges took advantage of the indistinctness, and attempted to draw to themselves supreme authority, not only within Calcutta.

but through the whole of the great territory subject to the Presidency of Fort William. There are few Englishmen who will not admit that the English law, in spite of modern improvements, is neither so cheap nor so speedy as might be wished. Still, it is a system which has grown up among us. In some points it has been fashioned to suit our feelings; in others, it has gradually fashioned our feelings to suit itself. Even to its worst evils we are accustomed; and therefore, though we may complain of them, they do not strike us with the horror and dismay which would be produced by a new grievance of smaller severity. In India the case is widely different. English law, transplanted to that country, has all the vices from which we suffer here; it has them all in a far higher degree; and it has other vices, compared with which the worst vices from which we suffer are trifles.

Dilatory here, it is far more dilatory in a land where the help of an interpreter is needed by every judge and by every advocate.

Costly here, it is far more costly in a land into which the legal pract.i.tioners must be imported from an immense distance. All English labour in India, from the labour 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, honour, religion, female modesty, rose up against the innovation. Arrest on mesne process was the first step in most civil proceedings; and to a native of rank arrest was not merely a restraint, but a foul personal indignity. Oaths were required in every stage of every suit; and the feeling of a quaker about an oath is hardly stronger than that of a respectable native. That the apartments of a woman of quality should be entered by strange men, or that her face should be seen by them, are, in the East, intolerable outrages, outrages which are more dreaded than death, and which can be expiated only by the shedding of blood. To these outrages the most distinguished families of Bengal, Bahar, and Orissa were now exposed. Imagine what the state of our own country would be, if a jurisprudence were on a sudden introduced among us, which should be to us what our jurisprudence was to our Asiatic subjects. Imagine what the state of our country would be, if it were enacted that any man, by merely swearing that a debt was due to him, should acquire a right to insult the persons of men of the most honourable and sacred callings and of women of the most shrinking delicacy, to horsewhip a general officer, to put a bishop in the stocks, to treat ladies in the way which called forth the blow of Wat Tyler. Something like this was the effect of the attempt which the Supreme Court made to extend its jurisdiction over the whole of the Company's territory.

A reign of terror began, of terror heightened by mystery for even that which was endured was less horrible than that which was antic.i.p.ated. 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 p.r.o.nounced in unknown sounds. It had already collected round itself an army of the worst part 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 gaol, 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 harems of n.o.ble 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 cla.s.s 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.

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 sheriff's 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 ent.i.tled 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 dishonoured 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 ill.u.s.tration 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 being 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 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 honourable 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 candour, 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 honour." 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 neighbouring 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 princ.i.p.alities, 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 Lewis 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 neighbour'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 pa.s.ses 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 labours 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 hors.e.m.e.n 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 a.s.sembling 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 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 intrust 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 honour 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 vigour and success of his recent measures, been considerably increased.

But, though the difficulties arising from factions within the Council were at an end, another cla.s.s of difficulties had become more pressing than ever. The financial embarra.s.sment 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 sanct.i.ty, 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 mult.i.tude 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 pa.s.s from the sacred city into the sacred river. Nor was superst.i.tion the only motive which allured strangers to that great metropolis. Commerce had as many pilgrims as religion. All along the sh.o.r.es 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 b.a.l.l.s of St.

James's and of the Pet.i.t Trianon; and in the bazars, 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 neighbour, 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 va.s.sal 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 a.s.suredly 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 a.n.a.logies in favour 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 const.i.tution 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 const.i.tution. The old order of things had pa.s.sed 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 const.i.tutional right to demand from the Duke of Brittany or the Duke of Normandy? The words "const.i.tutional 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 t.i.tle than recent occupation. There was scarcely a province in which the real sovereignty and the nominal sovereignty were not disjoined.

t.i.tles 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 t.i.tle 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 into which he had reduced the Rajah. It was, we believe, impossible to find, from the Himalayas to Mysore, a single government which was once a government de facto and a government de jure, which possessed the physical means of making itself feared by its neighbours 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 t.i.tle 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 a.s.serting 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 acc.u.mulated a treasure. Nor was he a favourite at Calcutta. He had, when the Governor-General was in great difficulties, courted the favour of Francis and Clavering. Hastings, who, less perhaps from evil pa.s.sions than from policy, seldom left an injury unpunished, was not sorry that the fate of Cheyte Sing should teach neighbouring princes the same lesson which the fate of Nuncomar had already impressed on the inhabitants of Bengal.