Читать книгу Critical and Historical Essays. Volume 3 - Т.Б. Маколей, Томас Бабингтон Маколей - Страница 4

The Edinburgh Review, October, 1841

We are inclined to think that we shall best meet the wishes of our readers if, instead of minutely examining this book, we attempt to give, in a way necessarily hasty and imperfect, our own view of the life and character of Mr. Hastings. Our feeling towards him is not exactly that of the House of Commons which impeached him in 1787; neither is it that of the House of Commons which uncovered and stood up to receive him in 1813. He had great qualities, and he rendered great services to the state. But to represent him as a man of stainless virtue is to make him ridiculous; and from a regard for his memory, if from no other feeling, his friends would have done well to lend no countenance to such adulation. We believe that, if he were now living, he would have sufficient judgment and sufficient greatness of mind to wish to be shown as he was. He must have known that there were dark spots on his fame. He might also have felt with pride that the splendor of his fame would bear many spots. He would have wished posterity to have a likeness of him, though an unfavorable likeness, rather than a daub at once insipid and unnatural, resembling neither him nor anybody else. "Paint me as I am," said Oliver Cromwell, while sitting to young Lely. "If you leave out the scars and wrinkles, I will not pay you a shilling." Even in such a trifle, the great Protector showed both his good sense and his magnanimity. He did not wish all that was characteristic in his countenance to be lost, in the vain attempt to give him the regular features and smooth blooming cheeks of the curl-pated minions of James the First. He was content that his face should go forth marked with all the blemishes which had been put on it by time, by war, by sleepless nights, by anxiety, perhaps by remorse; but with valor, policy, authority, ind public care written in all its princely lines. If men truly great knew their own interest, it is thus that they would wish their minds to be portrayed.

Warren Hastings sprang from an ancient and illustrious race. It has been affirmed that his pedigree can be traced back to the great Danish sea-king, whose sails were long the terror of both coasts of the British Channel, and who, after many fierce and doubtful struggles, yielded at last to the valor and genius of Alfred. But the undoubted splendor of the line of Hastings needs no illustration from fable. One branch of that line wore, in the fourteenth century, the coronet of Pembroke. From another branch sprang the renowned Chamberlain, the faithful adherent of the White Rose, whose fate has furnished so striking a theme both to poets and to historians. His family received from the Tudors the earldom of Huntingdon, which, after long dispossession, was regained in our time by a series of events scarcely paralleled in romance.

The lords of the manor of Daylesford, in Worcestershire, claimed to be considered as the heads of this distinguished family. The main stock, indeed, prospered less than some of the younger shoots. But the Daylesford family, though not ennobled, was wealthy and highly considered, till, about two hundred years ago, it was overwhelmed by the great ruin of the civil war. The Hastings of that time was a zealous cavalier. He raised money on his lands, sent his plate to the mint at Oxford, joined the royal army, and, after spending half his property in the cause of King Charles, was glad to ransom himself by making over most of the remaining half to Speaker Lenthal. The old seat at Daylesford still remained in the family; but it could no longer be kept up; and in the following generation it was sold to a merchant of London.

Before this transfer took place, the last Hastings of Daylesford had presented his second son to the rectory of the parish in which the ancient residence of the family stood. The living was of little value; and the situation of the poor clergyman, after the sale of the estate, was deplorable. He was constantly engaged in lawsuits about his tithes with the new lord of the manor, and was at length utterly ruined. His eldest son, Howard, a well conducted young man, obtained a place in the Customs. The second son, Pynaston, an idle, worthless boy, married before he was sixteen, lost his wife in two years, and died in the West Indies, leaving to the care of his unfortunate father a little orphan, destined to strange and memorable vicissitudes of fortune.

Warren, the son of Pynaston, was born on the sixth of December, 1732. His mother died a few days later, and he was left dependent on his distressed grandfather. The child was early sent to the village school, where he learned his letters on the same bench with the sons of the peasantry. Nor did anything in his garb or fare indicate that his life was to take a widely different course from that of the young rustics with whom he studied and played. But no cloud could overcast the dawn of so much genius and so much ambition. The very ploughmen observed, and long remembered, how kindly little Warren took to his book. The daily sight of the lands which his ancestors had possessed, and which had passed into the hands of strangers, filled his young brain with wild fancies and projects. He loved to hear stories of the wealth and greatness of his progenitors, of their splendid housekeeping, their loyalty, and their valor. On one bright summer day, the boy, then just seven years old, lay on the bank of the rivulet which flows through the old domain of his house to join the Isis. There, as threescore and ten years later he told the tale, rose in his mind a scheme which, through all the turns of his eventful career, was never abandoned. He would recover the estate which had belonged to his fathers. He would be Hastings of Daylesford. This purpose, formed in infancy and poverty, grew stronger as his intellect expanded and as his fortune rose. He pursued his plan with that calm but indomitable force of will which was the most striking peculiarity of his character. When, under a tropical sun, he ruled fifty millions of Asiatics, his hopes, amidst all the cares of war, finance, and legislation, still pointed to Daylesford. And when his long public life, so singularly checkered with good and evil, with glory and obloquy, had at length closed forever, it was to Daylesford that he retired to die.

When he was eight years old, his uncle Howard determined to take charge of him, and to give him a liberal education. The boy went up to London, and was sent to a school at Newington, where he was well taught but ill fed. He always attributed the smallness of his stature to the hard and scanty fare of this seminary. At ten he was removed to Westminster school, then flourishing under the care of Dr. Nichols. Vinny Bourne, as his pupils affectionately called him, was one of the masters. Churchill, Colman, Lloyd, Cumberland, Cowper, were among the students. With Cowper, Hastings formed a friendship which neither the lapse of time, nor a wide dissimilarity of opinions and pursuits, could wholly dissolve. It does not appear that they ever met after they had grown to manhood. But forty years later, when the voices of many great orators were crying for vengeance on the oppressor of India, the shy and secluded poet could image to himself Hastings the Governor-General only as the Hastings with whom he had rowed on the Thames and played in the cloister, and refused to believe that so good-tempered a fellow could have done anything very wrong. His own life had been spent in praying, musing, and rhyming among the water-lilies of the Ouse. He had preserved in no common measure the innocence of childhood. His spirit had indeed been severely tried, but not by temptations which impelled him to any gross violation of the rules of social morality. He had never been attacked by combinations of powerful and deadly enemies. He had never been compelled to make a choice between innocence and greatness, between crime and ruin. Firmly as he held in theory the doctrine of human depravity, his habits were such that he was unable to conceive how far from the path of right even kind and noble natures may be hurried by the rage of conflict and the lust of dominion.

Hastings had another associate at Westminster of whom we shall have occasion to make frequent mention, Elijah Impey. We know little about their school-days. But, we think, we may safely venture to guess that, whenever Hastings wished to play any trick more than usually naughty, he hired Impey with a tart or a ball to act as fag in the worst part of the prank.

Warren was distinguished among his comrades as an excellent swimmer, boatman, and scholar. At fourteen he was first in the examination for the foundation. His name in gilded letters on the walls of the dormitory still attests his victory over many older competitors. He stayed two years longer at the school, and was looking forward to a studentship at Christ Church, when an event happened which changed the whole course of his life. Howard Hastings died, bequeathing his nephew to the care of a friend and distant relation, named Chiswick. This gentleman, though he did not absolutely refuse the charge, was desirous to rid himself of it as soon as possible. Dr. Nichols made strong remonstrances against the cruelty of interrupting the studies of a youth who seemed likely to be one of the first scholars of the age. He even offered to bear the expense of sending his favorite pupil to Oxford. But Mr. Chiswick was inflexible. He thought the years which had already been wasted on hexameters and pentameters quite sufficient. He had it in his power to obtain for the lad a writership in the service of the East India Company. Whether the young adventurer, when once shipped off, made a fortune, or died of a liver complaint, he equally ceased to be a burden to anybody. Warren was accordingly removed from Westminster school, and placed for a few months at a commercial academy, to study arithmetic and book-keeping. In January, 1750, a few days after he had completed his seventeenth year, he sailed for Bengal, and arrived at his destination in the October following.

He was immediately placed at a desk in the Secretary's office at Calcutta, and labored there during two years. Fort William was then a purely commercial settlement. In the south of India the encroaching policy of Dupleix had transformed the servants of the English Company, against their will, into diplomatists and generals. The war of the succession was raging in the Carnatic; and the tide had been suddenly turned against the French by the genius of young Robert Clive. But in Bengal the European settlers, at peace with the natives and with each other, were wholly occupied with ledgers and bills of lading.

After two years passed in keeping accounts at Calcutta, Hastings was sent up the country to Cossimbazar, a town which lies on the Hoogley, about a mile from Moorshedabad, and which then bore to Moorshedabad a relation, if we may compare small things with great, such as the city of London bears to Westminster. Moorshedabad was the abode of the prince who, by an authority ostensibly derived from the Mogul, but really independent, ruled the three great provinces of Bengal, Orissa, and Bahar. At Moorshedabad were the court, the haram, and the public offices. Cossimbazar was a port and a place of trade, renowned for the quantity and excellence of the silks which were sold in its marts, and constantly receiving and sending forth fleets of richly laden barges. At this important point, the Company had established a small factory subordinate to that of Fort William. Here, during several years, Hastings was employed in making bargains for stuffs with native brokers. While he was thus engaged, Surajah Dowlah succeeded to the government, and declared war against the English. The defenceless settlement of Cossimbazar, lying close to the tyrant's capital, was instantly seized. Hastings was sent a prisoner to Moorshedabad, but, in consequence of the humane intervention of the servants of the Dutch Company, was treated with indulgence. Meanwhile the Nabob marched on Calcutta; the governor and the commandant fled; the town and citadel were taken, and most of the English prisoners perished in the Black Hole.

In these events originated the greatness of Warren Hastings. The fugitive governor and his companions had taken refuge on the dreary islet of Fulda, near the mouth of the Hoogley. They were naturally desirous to obtain full information respecting the proceedings of the Nabob; and no person seemed so likely to furnish it as Hastings, who was a prisoner at large in the immediate neighborhood of the court. He thus became a diplomatic agent, and soon established a high character for ability and resolution. The treason which at a later period was fatal to Surajah Dowlah was already in progress; and Hastings was admitted to the deliberations of the conspirators. But the time for striking had not arrived. It was necessary to postpone the execution of the design; and Hastings, who was now in extreme peril, fled to Fulda.

Soon after his arrival at Fulda, the expedition from Madras, commanded by Clive, appeared in the Hoogley. Warren, young, intrepid, and excited probably by the example of the Commander of the Forces, who, having like himself been a mercantile agent of the Company, had been turned by public calamities into a soldier, determined to serve in the ranks. During the early operations of the war he carried a musket. But the quick eye of Clive soon perceived that the head of the young volunteer would be more useful than his arm. When, after the battle of Plassey, Meer Jaffier was proclaimed Nabob of Bengal, Hastings was appointed to reside at the court of the new prince as agent for the Company.

He remained at Moorshedabad till the year 1761, when he became a member of Council, and was consequently forced to reside at Calcutta. This was during the interval between Clive's first and second administration, an interval which has left on the fame of the East India Company a stain, not wholly effaced by many years of just and humane government. Mr. Vansittart, the Governor, was at the head of a new and anomalous empire. On the one side was a band of English functionaries, daring, intelligent, eager to be rich. On the other side was a great native population, helpless, timid, accustomed to crouch under oppression. To keep the stronger race from preying on the weaker was an undertaking which tasked to the utmost the talents and energy of Clive. Vansittart, with fair intentions, was a feeble and inefficient ruler. The master caste, as was natural, broke loose from all restraint; and then was seen what we believe to be the most frightful of all spectacles, the strength of civilization without its mercy. To all other despotism there is a check, imperfect indeed, and liable to gross abuse, but still sufficient to preserve society from the last extreme of misery. A time comes when the evils of submission are obviously greater than those of resistance, when fear itself begets a sort of courage, when a convulsive burst of popular rage and despair warns tyrants not to presume too far on the patience of mankind. But against misgovernment such as then afflicted Bengal it was impossible to struggle. The superior intelligence and energy of the dominant class made their power irresistible. A war of Bengalese against Englishmen was like a war of sheep against wolves, of men against demons. The only protection which the conquered could find was in the moderation, the clemency, the enlarged policy of the conquerors. That protection, at a later period, they found. But at first English power came among them unaccompanied by English morality. There was an interval between the time at which they became our subjects, and the time at which we began to reflect that we were bound to discharge towards them the duties of rulers. During that interval the business of a servant of the Company was simply to wring out of the natives a hundred or two hundred thousand pounds as speedily as possible, that he might return home before his constitution had suffered from the heat, to marry a peer's daughter, to buy rotten boroughs in Cornwall, and to give balls in St. James's Square. Of the conduct of Hastings at this time little is known; but the little that is known, and the circumstance that little is known, must be considered as honorable to him. He could not protect the natives: all that he could do was to abstain from plundering and oppressing them; and this he appears to have done. It is certain that at this time he continued poor; and it is equally certain, that by cruelty and dishonesty he might easily have become rich. It is certain that he was never charged with having borne a share in the worst abuses which then prevailed; and it is almost equally certain that, if he had borne a share in those abuses, the able and bitter enemies who afterwards persecuted him would not have failed to discover and to proclaim his guilt. The keen, severe, and even malevolent scrutiny to which his whole public life was subjected, a scrutiny unparalleled, as we believe, in the history of mankind, is in one respect advantageous to his reputation. It brought many lamentable blemishes to light; but it entitles him to be considered pure from every blemish which has not been brought to light.

The truth is that the temptations to which so many English functionaries yielded in the time of Mr. Vansittart were not temptations addressed to the ruling passions of Warren Hastings. He was not squeamish in pecuniary transactions; but he was neither sordid nor rapacious. He was far too enlightened a man to look on a great empire merely as a buccaneer would look on a galleon. Had his heart been much worse than it was, his understanding would have preserved him from that extremity of baseness. He was an unscrupulous, perhaps an unprincipled statesman; but still he was a statesman, and not a freebooter.

In 1764 Hastings returned to England. He had realized only a very moderate fortune; and that moderate fortune was soon reduced to nothing, partly by his praiseworthy liberality, and partly by his mismanagement. Towards his relations he appears to have acted very generously. The greater part of his savings he left in Bengal, hoping probably to obtain the high usury of India. But high usury and bad security generally go together; and Hastings lost both interest and principal.

He remained four years in England. Of his life at this time very little is known. But it has been asserted, and is highly probable, that liberal studies and the society of men of letters occupied a great part of his time. It is to be remembered to his honor, that in days when the languages of the East were regarded by other servants of the Company merely as the means of communicating with weavers and money-changers, his enlarged and accomplished mind sought in Asiatic learning for new forms of intellectual enjoyment, and for new views of government and society. Perhaps, like most persons who have paid much attention to departments of knowledge which lie out of the common track, he was inclined to overrate the value of his favorite studies. He conceived that the cultivation of Persian literature might with advantage be made a part of the liberal education of an English gentleman; and he drew up a plan with that view. It is said that the University of Oxford, in which Oriental learning had never, since the revival of letters, been wholly neglected, was to be the seat of the institution which he contemplated. An endowment was expected from the munificence of the Company; and professors thoroughly competent to interpret Hafiz and Ferdusi were to be engaged in the East. Hastings called on Johnson, with the hope, as it should seem, of interesting in this project a man who enjoyed the highest literary reputation, and who was particularly connected with Oxford. The interview appears to have left on Johnson's mind a most favorable impression of the talents and attainments of his visitor. Long after, when Hastings was ruling the immense population of British India, the old philosopher wrote to him, and referred in the most courtly terms, though with great dignity, to their short but agreeable intercourse.

Hastings soon began to look again towards India. He had little to attach him to England; and his pecuniary embarrassments were great. He solicited his old masters the Directors for employment. They acceded to his request, with high compliments both to his abilities and to his integrity, and appointed him a Member of Council at Madras. It would be unjust not to mention that, though forced to borrow money for his outfit, he did not withdraw any portion of the sum which he had appropriated to the relief of his distressed relations. In the spring of 1769 he embarked on board of the Duke of Grafton, and commenced a voyage distinguished by incidents which might furnish matter for a novel.

Among the passengers in the Duke of Grafton was a German of the name of Imhoff. He called himself a baron; but he was in distressed circumstances, and was going out to Madras as a portrait-painter, in the hope of picking up some of the pagodas which were then lightly got and as lightly spent by the English in India. The baron was accompanied by his wife, a native, we have somewhere read, of Archangel. This young woman who, born under the Arctic circle, was destined to play the part of a Queen under the tropic of Cancer, had an agreeable person, a cultivated mind, and manners in the highest degree engaging. She despised her husband heartily, and, as the story which we have to tell sufficiently proves, not without reason. She was interested by the conversation and flattered by the attentions of Hastings. The situation was indeed perilous. No place is so propitious to the formation either of close friendships or of deadly enmities as an Indiaman. There are very few people who do not find a voyage which lasts several months insupportably dull. Anything is welcome which may break that long monotony, a sail, a shark, an albatross, a man overboard. Most passengers find some resource in eating twice as many meals as on land. But the great devices for killing the time are quarrelling and flirting. The facilities for both these exciting pursuits are great. The inmates of the ship are thrown together far more than in any country-seat or boarding-house. None can escape from the rest except by imprisoning himself in a cell in which he can hardly turn. All food, all exercise, is taken in company. Ceremony is to a great extent banished. It is every day in the power of a mischievous person to inflict innumerable annoyances; it is every day in the power of an amiable person to confer little services. It not seldom happens that serious distress and danger call forth in genuine beauty and deformity heroic virtues and abject vices which, in the ordinary intercourse of good society, might remain during many years unknown even to intimate associates. Under such circumstances met Warren Hastings and the Baroness Imhoff, two persons whose accomplishments would have attracted notice in any court of Europe. The gentleman had no domestic ties. The lady was tied to a husband for whom she had no regard, and who had no regard for his own honor. An attachment sprang up, which was soon strengthened by events such as could hardly have occurred on land. Hastings fell ill. The baroness nursed him with womanly tenderness, gave him his medicines with her own hand, and even sat up in his cabin while he slept. Long before the Duke of Grafton reached Madras, Hastings was in love. But his love was of a most characteristic description. Like his hatred, like his ambition, like all his passions, it was strong, but not impetuous. It was calm, deep, earnest, patient of delay, unconquerable by time. Imhoff was called into council by his wife and his wife's lover. It was arranged that the baroness should institute a suit for a divorce in the courts of Franconia, that the baron should afford every facility to the proceeding, and that, during the years which might elapse before the sentence should be pronounced, they should continue to live together. It was also agreed that Hastings should bestow some very substantial marks of gratitude on the complaisant husband, and should, when the marriage was dissolved, make the lady his wife, and adopt the children whom she had already borne to Imhoff.

At Madras, Hastings found the trade of the Company in a very disorganized state. His own tastes would have led him rather to political than to commercial pursuits; but he knew that the favor of his employers depended chiefly on their dividends, and that their dividends depended chiefly on the investment. He therefore, with great judgment, determined to apply his vigorous mind for a time to this department of business, which had been much neglected, since the servants of the Company had ceased to be clerks, and had become warriors and negotiators.

In a very few months he effected an important reform. The Directors notified to him their high approbation, and were so much pleased with his conduct that they determined to place him at the head of the government of Bengal. Early in 1772 he quitted Fort St. George for his new post. The Imhoffs, who were still man and wife, accompanied him, and lived at Calcutta on the same plan which they had already followed during more than two years.

When Hastings took his seat at the head of the council board, Bengal was still governed according to the system which Clive had devised,—a system which was, perhaps, skilfully contrived for the purpose of facilitating and concealing a great revolution, but which, when that revolution was complete and irrevocable, could produce nothing but inconvenience. There were two governments, the real and the ostensible. The supreme power belonged to the Company, and was in truth the most despotic power that can be conceived. The only restraint on the English masters of the country was that which their own justice and humanity imposed on them. There was no constitutional check on their will, and resistance to them was utterly hopeless.

But, though thus absolute in reality, the English had not yet assumed the style of sovereignty. They held their territories as vassals of the throne of Delhi; they raised their revenues as collectors appointed by the imperial commission; their public seal was inscribed with the imperial titles; and their mint struck only the imperial coin.

There was still a nabob of Bengal, who stood to the English rulers of his country in the same relation in which Augustulus stood to Odoacer, or the last Merovingians to Charles Martel and Pepin. He lived at Moorshedabad, surrounded by princely magnificence. He was approached with outward marks of reverence, and his name was used in public instruments. But in the government of the country he had less real share than the youngest writer or cadet in the Company's service.

The English council which represented the Company at Calcutta was constituted on a very different plan from that which has since been adopted. At present the Governor is, as to all executive measures, absolute. He can declare war, conclude peace, appoint public functionaries or remove them, in opposition to the unanimous sense of those who sit with him in council. They are, indeed, entitled to know all that is done, to discuss all that is done, to advise, to remonstrate, to send protests to England. But it is with the Governor that the supreme power resides, and on him that the whole responsibility rests. This system, which was introduced by Mr. Pitt and Mr. Dundas in spite of the strenuous opposition of Mr. Burke, we conceive to be on the whole the best that was ever devised for the government of a country where no materials can be found for a representative constitution. In the time of Hastings the Governor had only one vote in council, and, in case of an equal division, a casting vote. It therefore happened not unfrequently that he was overruled on the gravest questions; and it was possible that he might be wholly excluded, for years together, from the real direction of public affairs.

The English functionaries at Fort William had as yet paid little or no attention to the internal government of Bengal. The only branch of politics about which they much busied themselves was negotiation with the native princes. The police, the administration of justice, the details of the collection of revenue, were almost entirely neglected. We may remark that the phraseology of the Company's servants still bears the traces of this state of things. To this day they always use the word "political" as synonymous with "diplomatic." We could name that gentleman still living, who was described by the highest authority as an invaluable public servant, eminently fit to be at the head of the internal administration of a whole presidency, but unfortunately quite ignorant of all political business.

The internal government of Bengal the English rulers delegated to a great native minister, who was stationed at Moorshedabad. All military affairs, and with the exception of what pertains to mere ceremonial all foreign affairs, were withdrawn from his control; but the other departments of the administration were entirely confided to him. His own stipend amounted to near a hundred thousand pounds sterling a year. The personal allowance of the Nabob, amounting to more than three hundred thousand pounds a year, passed through the minister's hands, and was, to a great extent, at his disposal. The collection of the revenue, the administration of justice, the maintenance of order, were left to this high functionary; and for the exercise of his immense power he was responsible to none but the British masters of the country.

A situation so important, lucrative, and splendid was naturally an object of ambition to the ablest and most powerful natives. Clive had found it difficult to decide between conflicting pretensions. Two candidates stood out prominently from the crowd, each of them the representative of a race and of a religion.

One of these was Mahommed Reza Khan, a Mussulman of Persian extraction, able, active, religious after the fashion of his people, and highly esteemed by them. In England he might perhaps have been regarded as a corrupt and greedy politician. But, tried by the lower standard of Indian morality, he might be considered as a man of integrity and honor.

His competitor was a Hindoo Brahmin whose name has, by a terrible and melancholy event, been inseparably associated with that of Warren Hastings, the Maharajah Nuncomar. This man had played an important part in all the revolutions which, since the time of Surajah Dowlah, had taken place in Bengal. To the consideration which in that country belongs to high and pure caste, he added the weight which is derived from wealth, talents, and experience. Of his moral character it is difficult to give a notion to those who are acquainted with human nature only as it appears in our island. What the Italian is to the Englishman, what the Hindoo is to the Italian, what the Bengalee is to other Hindoos, that was Nuncomar to other Bengalese. The physical organization of the Bengalee is feeble even to effeminacy. He lives in a constant vapor bath. His pursuits are sedentary, his limbs delicate, his movements languid. During many ages he has been trampled upon by men of bolder and more hardy breeds. Courage, independence, veracity, are qualities to which his constitution and his situation are equally unfavorable. His mind bears a singular analogy to his body. It is weak even to helplessness, for purposes of manly resistance; but its suppleness and its tact move the children of sterner climates to admiration not unmingled with contempt. All those arts which are the natural defence of the weak are more familiar to this subtle race than to the Ionian of the time of Juvenal, or to the Jew of the dark ages. What the horns are to the buffalo, what the paw is to the tiger, what the sting is to the bee, what beauty, according to the old Greek song, is to woman, deceit is to the Bengalee. Large promises, smooth excuses, elaborate tissues of circumstantial falsehood, chicanery, perjury, forgery, are the weapons, offensive and defensive, of the people of the Lower Ganges. All those millions do not furnish one sepoy to the armies of the Company. But as usurers, as money-changers, as sharp legal practitioners, no class of human beings can bear a comparison with them. With all his softness, the Bengalee is by no means placable in his enmities or prone to pity. The pertinacity with which he adheres to his purposes yields only to the immediate pressure of fear. Nor does he lack a certain kind of courage which is often wanting to his masters. To inevitable evils he is sometimes found to oppose a passive fortitude, such as the Stoics attributed to their ideal sage. A European warrior who rushes on a battery of cannon with a loud hurrah will sometimes shriek under the surgeon's knife, and fall into an agony of despair at the sentence of death. But the Bengalee who would see his country overrun, his house laid in ashes, his children murdered or dishonored, without having the spirit to strike one blow, has yet been known to endure torture with the firmness of Mucius, and to mount the scaffold with the steady step and even pulse of Algernon Sydney.

In Nuncomar the national character was strongly and with exaggeration personified. The Company's servants had repeatedly detected him in the most criminal intrigues. On one occasion he brought a false charge against another Hindoo, and tried to substantiate it by producing forged documents. On another occasion it was discovered that, while professing the strongest attachment to the English, he was engaged in several conspiracies against them, and in particular that he was the medium of a correspondence between the court of Delhi and the French authorities in the Carnatic. For these and similar practices he had been long detained in confinement. But his talents and influence had not only procured his liberation, but had obtained for him a certain degree of consideration even among the British rulers of his country.

Clive was extremely unwilling to place a Mussulman at the head of the administration of Bengal. On the other hand, he could not bring himself to confer immense power on a man to whom every sort of villainy had repeatedly been brought home. Therefore, though the Nabob, over whom Nuncomar had by intrigue acquired great influence, begged that the artful Hindoo might be entrusted with the government, Clive, after some hesitation, decided honestly and wisely in favor of Mahommed Reza Khan. When Hastings became Governor, Mahommed Reza Khan had held power seven years. An infant son of Meer Jaffier was now nabob; and the guardianship of the young prince's person had been confided to the minister.

Nuncomar, stimulated at once by cupidity and malice, had been constantly attempting to hurt his successful rival. This was not difficult. The revenues of Bengal, under the administration established by Clive, did not yield such a surplus as had been anticipated by the Company; for at that time, the most absurd notions were entertained in England respecting the wealth of India. Palaces of porphyry, hung with the richest brocade, heaps of pearls and diamonds, vaults from which pagodas and gold mohurs were measured out by the bushel, filled the imagination even of men of business. Nobody seemed to be aware of what nevertheless was most undoubtedly the truth, that India was a poorer country than countries which in Europe are reckoned poor, than Ireland, for example, or than Portugal. It was confidently believed by lords of the treasury and members for the city that Bengal would not only defray its own charges, but would afford an increased dividend to the proprietors of India stock, and large relief to the English finances. These absurd expectations were disappointed; and the directors, naturally enough, chose to attribute the disappointment rather to the mismanagement of Mahommed Reza Khan than to their own ignorance of the country entrusted to their care. They were confirmed in their error by the agents of Nuncomar; for Nuncomar had agents even in Leadenhall Street. Soon after Hastings reached Calcutta, he received a letter addressed by the Court of Directors, not to the council generally, but to himself in particular. He was directed to remove Mahommed Reza Khan, to arrest him, together with all his family and all his partisans, and to institute a strict inquiry into the whole administration of the province. It was added that the Governor would do well to avail himself of the assistance of Nuncomar in the investigation. The vices of Nuncomar were acknowledged. But even from his vices, it was said, much advantage might at such a conjuncture be derived; and, though he could not safely be trusted, it; might still be proper to encourage him by hopes of reward.

The Governor bore no good will to Nuncomar. Many years before, they had known each other at Moorshedabad; and then a quarrel had risen between them which all the authority of their superiors could hardly compose. Widely as they differed in most points, they resembled each other in this, that both were men of unforgiving natures. To Mahommed Reza Khan, on the other hand, Hastings had no feelings of hostility. Nevertheless he proceeded to execute the instructions of the Company with an alacrity which he never showed except when instructions were in perfect conformity with his own views. He had, wisely, as we think, determined to get rid of the system of double government in Bengal. The orders of the Directors furnished him with the means of effecting his purpose, and dispensed him from the necessity of discussing the matter with his council. He took his measures with his usual vigor and dexterity. At midnight, the palace of Mahommed Reza Khan at Moorshedabad was surrounded by a battalion of sepoys. The minister was roused from his slumbers, and informed that he was a prisoner. With the Mussulman gravity, he bent his head and submitted himself to the will of God. He fell not alone. A chief named Schitab Roy had been entrusted with the government of Bahar. His valor and his attachment to the English had more than once been signally proved. On that memorable day on which the people of Patna saw from their walls the whole army of the Mogul scattered by the little band of Captain Knox, the voice of the British conquerors assigned the palm of gallantry to the brave Asiatic. "I never," said Knox, when he introduced Schitab Roy, covered with blood and dust, to the English functionaries assembled in the factory,—"I never saw a native fight so before." Schitab Roy was involved in the ruin of Mahommed Reza Khan, was removed from office, and was placed under arrest. The members of the council received no intimation of these measures till the prisoners were on their road to Calcutta.

The inquiry into the conduct of the minister was postponed on different pretences. He was detained in an easy confinement during many months. In the meantime, the great revolution which Hastings had planned was carried into effect. The office of minister was abolished. The internal administration was transferred to the servants of the Company. A system, a very imperfect system, it is true, of civil and criminal justice, under English superintendence, was established. The Nabob was no longer to have even an ostensible share in the government; but he was still to receive a considerable annual allowance, and to be surrounded with the state of sovereignty. As he was an infant, it was necessary to provide guardians for his person and property. His person was entrusted to a lady of his father's haram, known by the name of the Munny Begum. The office of treasurer of the household was bestowed on a son of Nuncomar, named Goordas. Nuncomar's services were wanted, yet he could not safely be trusted with power; and Hastings thought it a master stroke of policy to reward the able and unprincipled parent by promoting the inoffensive child.

The revolution completed, the double government dissolved, the Company installed in the full sovereignty of Bengal, Hastings had no motive to treat the late ministers with rigor. Their trial had been put off on various pleas till the new organization was complete. They were then brought before a committee, over which the Governor presided. Schitab Roy was speedily acquitted with honor. A formal apology was made to him for the restraint to which he had been subjected. All the Eastern marks of respect were bestowed on him. He was clothed in a robe of state, presented with jewels and with a richly harnessed elephant, and sent back to his government at Patna. But his health had suffered from confinement; his high spirit had been cruelly wounded; and soon after his liberation he died of a broken heart.

The innocence of Mahommed Reza Khan was not so clearly established. But the Governor was not disposed to deal harshly. After a long hearing, in which Nuncomar appeared as the accuser, and displayed both the art and the inveterate rancor which distinguished him, Hastings pronounced that the charges had not been made out, and ordered the fallen minister to be set at liberty.

Nuncomar had purposed to destroy the Mussulman administration, and to rise on its ruin. Both his malevolence and his cupidity had been disappointed. Hastings had made him a tool, had used him for the purpose of accomplishing the transfer of the government from Moorshedabad to Calcutta, from native to European hands. The rival, the enemy, so long envied, so implacably persecuted, had been dismissed unhurt. The situation so long and ardently desired had been abolished. It was natural that the Governor should be from that time an object of the most intense hatred to the vindictive Brahmin. As yet, however, it was necessary to suppress such feelings. The time was coming when that long animosity was to end in a desperate and deadly struggle.

In the meantime, Hastings was compelled to turn his attention to foreign affairs. The object of his diplomacy was at this time simply to get money. The finances of his government were in an embarrassed state; and this embarrassment he was determined to relieve by some means, fair or foul. The principle which directed all his dealings with his neighbors is fully expressed by the old motto of one of the great predatory families of Teviotdale, "Thou shalt want ere I want." He seems to have laid it down, as a fundamental proposition which could not be disputed, that when he had not as many lacs of rupees as the public service required, he was to take them from anybody who had. One thing, indeed, is to be said in excuse for him. The pressure applied to him by his employers at home was such as only the highest virtue could have withstood, such as left him no choice except to commit great wrongs, or to resign his high post, and with that post all his hopes of fortune and distinction. The Directors, it is true, never enjoined or applauded any crime. Far from it. Whoever examines their letters written at that time will find there many just and humane sentiments, many excellent precepts, in short, an admirable code of political ethics. But every exhortation is modified or nullified by a demand for money. "Govern leniently, and send more money; practise strict justice and moderation towards neighboring powers, and send more money;" this is in truth the sum of almost all the instructions that Hastings ever received from home. Now these instructions, being interpreted, mean simply, "Be the father and the oppressor of the people; be just and unjust, moderate and rapacious." The Directors dealt with India as the church, in the good old times, dealt with a heretic. They delivered the victim over to the executioners, with an earnest request that all possible tenderness might be shown. We by no means accuse or suspect those who framed these despatches of hypocrisy. It is probable that, writing fifteen thousand miles from the place where their orders were to be carried into effect, they never perceived the gross inconsistency of which they were guilty. But the inconsistency was at once manifest to their vicegerent at Calcutta, who, with an empty treasury, with an unpaid army, with his own salary often in arrear, with deficient crops, with government tenants daily running away, was called upon to remit home another half million without fail. Hastings saw that it was absolutely necessary for him to disregard either the moral discourses or the pecuniary requisitions of his employers. Being forced to disobey them in something, he had to consider what kind of disobedience they would most readily pardon; and he correctly judged that the safest course would be to neglect the sermons and to find the rupees.

A mind so fertile as his, and so little restrained by conscientious scruples, speedily discovered several modes of relieving the financial embarrassments of the government. The allowance of the Nabob of Bengal was reduced at a stroke from three hundred and twenty thousand pounds a year to half that sum. The Company had bound itself to pay near three hundred thousand pounds a year to the Great Mogul, as a mark of homage for the provinces which he had entrusted to their care; and they had ceded to him the districts of Corah and Allahabad. On the plea that the Mogul was not really independent, but merely a tool in the hands of others, Hastings determined to retract these concessions. He accordingly declared that the English would pay no more tribute, and sent troops to occupy Allahabad and Corah. The situation of these places was such that there would be little advantage and great expense in retaining them. Hastings, who wanted money and not territory, determined to sell them. A purchaser was not wanting. The rich province of Oude had, in the general dissolution of the Mogul Empire, fallen to the share of the great Mussulman house by which it is still governed. About twenty years ago, this house, by the permission of the British government, assumed the royal title; but, in the time of Warren Hastings, such an assumption would have been considered by the Mahommedans of India as a monstrous impiety. The Prince of Oude, though he held the power, did not venture to use the style of sovereignty. To the appellation of Nabob or Viceroy, he added that of Vizier of the monarchy of Hindostan, just as in the last century the Electors of Saxony and Brandenburg, though independent of the Emperor, and often in arms against him, were proud to style themselves his Grand Chamberlain and Grand Marshal. Sujah Dowlah, then Nabob Vizier, was on excellent terms with the English. He had a large treasure. Allahabad and Corah were so situated that they might be of use to him and could be of none to the Company. The buyer and seller soon came to an understanding; and the provinces which had been torn from the Mogul were made over to the government of Oude for about half a million sterling.

But there was another matter still more important to be settled by the Vizier and the Governor. The fate of a brave people was to be decided. It was decided in a manner which has left a lasting stain on the fame of Hastings and of England.

The people of Central Asia had always been to the inhabitants of India what the warriors of the German forests were to the subjects of the decaying monarchy of Rome. The dark, slender, and timid Hindoo shrank from a conflict with the strong muscle and resolute spirit of the fair race, which dwelt beyond the passes. There is reason to believe that, at a period anterior to the dawn of regular history, the people who spoke the rich and flexible Sanskrit came from regions lying far beyond the Hyphasis and the Hystaspes, and imposed their yoke on the children of the soil. It is certain that, during the last ten centuries, a succession of invaders descended from the west on Hindostan; nor was the course of conquest ever turned back towards the setting sun, till that memorable campaign in which the cross of St. George was planted on the walls of Ghizni.

The Emperors of Hindostan themselves came from the other side of the great mountain ridge; and it had always been their practice to recruit their army from the hardy and valiant race from which their own illustrious house sprang. Among the military adventurers who were allured to the Mogul standards from the neighborhood of Cabul and Candahar were conspicuous several gallant bands, known by the name of the Rohillas. Their services had been rewarded with large tracts of land, fiefs of the spear, if we may use an expression drawn from an analogous state of things, in that fertile plain through which the Ramgunga flows from the snowy heights of Kumaon to join the Ganges. In the general confusion which followed the death of Aurungzebe, the warlike colony became virtually independent. The Rohillas were distinguished from the other inhabitants of India by a peculiarly fair complexion. They were more honorably distinguished by courage in war, and by skill in the arts of peace. While anarchy raged from Lahore to Cape Comorin, their little territory enjoyed the blessings of repose under the guardianship of valor. Agriculture and commerce nourished among them; nor were they negligent of rhetoric and poetry. Many persons now living have heard aged men talk with regret of the golden days when the Afghan princes ruled in the vale of Rohilcund.

Sujah Dowlah had set his heart on adding this rich district to his own principality. Right, or show of right, he had absolutely none. His claim was in no respect better founded than that of Catherine to Poland, or that of the Bonaparte family to Spain. The Rohillas held their country by exactly the same title by which he held his, and had governed their country far better than his had ever been governed. Nor were they a people whom it was perfectly safe to attack. Their land was indeed an open plain, destitute of natural defences; but their veins were full of the high blood of Afghanistan. As soldiers, they had not the steadiness which is seldom found except in company with strict discipline; but their impetuous valor had been proved on many fields of battle. It was said that their chiefs, when united by common peril, could bring eighty thousand men into the field. Sujah Dowlah had himself seen them fight, and wisely shrank from a conflict with them. There was in India one army, and only one, against which even those proud Caucasian tribes could not stand. It had been abundantly proved that neither tenfold odds, nor the martial ardor of the boldest Asiatic nations, could avail aught against English science and resolution. Was it possible to induce the Governor of Bengal to let out to hire the irresistible energies of the imperial people, the skill against which the ablest chiefs of Hindostan were helpless as infants, the discipline which had so often triumphed over the frantic struggles of fanaticism and despair, the unconquerable British courage which is never so sedate and stubborn as towards the close of a doubtful and murderous day?

This was what the Nabob Vizier asked, and what Hastings granted. A bargain was soon struck. Each of the negotiators had what the other wanted. Hastings was in need of funds to carry on the government of Bengal, and to send remittances to London; and Sujah Dowlah had an ample revenue. Sujah Dowlah was bent on subjugating the Rohillas; and Hastings had at his disposal the only force by which the Rohillas could be subjugated. It was agreed that an English army should be lent to the Nabob Vizier, and that, for the loan, he should pay four hundred thousand pounds sterling, besides defraying all the charge of the troops while employed in his service.

"I really cannot see," says Mr. Gleig, "upon what grounds, either of political or moral justice, this proposition deserves to be stigmatized as infamous." If we understand the meaning of words, it is infamous to commit a wicked action for hire, and it is wicked to engage in war without provocation. In this particular war, scarcely one aggravating circumstance was wanting. The object of the Rohilla war was this, to deprive a large population, who had never done us the least harm, of a good government, and to place them, against their will, under an execrably bad one. Nay, even this is not all. England now descended far below the level even of those petty German princes who, about the same time, sold us troops to fight the Americans. The hussar-mongers of Hesse and Anspach had at least the assurance that the expeditions on which their soldiers were to be employed would be conducted in conformity with the humane rules of civilized warfare. Was the Rohilla war likely to be so conducted? Did the Governor stipulate that it should be so conducted? He well knew what Indian warfare was. He well knew that the power which he covenanted to put into Sujah Dowlah's hands would, in all probability, be atrociously abused; and he required no guarantee, no promise that it should not be so abused. He did not even reserve to himself the right of withdrawing his aid in case of abuse, however gross. We are almost ashamed to notice Major Scott's absurd plea, that Hastings was justified in letting out English troops to slaughter the Rohillas, because the Rohillas were not of Indian race, but a colony from a distant country. What were the English themselves? Was it for them to proclaim a crusade for the expulsion of all intruders from the countries watered by the Ganges? Did it lie in their mouths to contend that a foreign settler who establishes an empire in India is a caput lupinum? What would they have said if any other power had, on such a ground, attacked Madras or Calcutta, without the slightest provocation? Such a defence was wanting to make the infamy of the transaction complete. The atrocity of the crime, and the hypocrisy of the apology, are worthy of each other.

One of the three brigades of which the Bengal army consisted was sent under Colonel Champion to join Sujah Dowlah's forces. The Rohillas expostulated, entreated, offered a large ransom, but in vain. They then resolved to defend themselves to the last. A bloody battle was fought. "The enemy," says Colonel Champion, "gave proof of a good share of military knowledge; and it is impossible to describe a more obstinate firmness of resolution than they displayed." The dastardly sovereign of Oude fled from the field. The English were left unsupported; but their fire and their charge were irresistible. It was not, however, till the most distinguished chiefs had fallen, fighting bravely at the head of their troops, that the Rohilla ranks gave way. Then the Nabob Vizier and his rabble made their appearance, and hastened to plunder the camp of the valiant enemies, whom they had never dared to look in the face. The soldiers of the Company, trained in an exact discipline, kept unbroken order, while the tents were pillaged by these worthless allies. But many voices were heard to exclaim, "We have had all the fighting, and those rogues are to have all the profit!"

Then the horrors of Indian war were let loose on the fair valleys and cities of Rohilcund. The whole country was in a blaze. More than a hundred thousand people fled from their homes to pestilential jungles, preferring famine, and fever, and the haunts of tigers, to the tyranny of him to whom an English and a Christian government had, for shameful lucre, sold their substance, and their blood, and the honor of their wives and daughters. Colonel Champion remonstrated with the Nabob Vizier, and sent strong representations to Fort William; but the Governor had made no conditions as to the mode in which the war was to be carried on. He had troubled himself about nothing but his forty lacs; and, though he might disapprove of Sujah Dowlah's wanton barbarity, he did not think himself entitled to interfere, except by offering advice. This delicacy excites the admiration of the biographer. "Mr. Hastings," he says, "could not himself dictate to the Nabob, nor permit the commander of the Company's troops to dictate how the war was to be carried on." No, to be sure. Mr. Hastings had only to put down by main force the brave struggles of innocent men fighting for their liberty. Their military resistance crushed, his duties ended; and he had then only to fold his arms and look on, while their villages were burned, their children butchered, and their women violated. Will Mr. Gleig seriously maintain this opinion? Is any rule more plain than this, that whoever voluntarily gives to another irresistible power over human beings is bound to take order that such power shall not be barbarously abused? But we beg pardon of our readers for arguing a point so clear.

We hasten to the end of this sad and disgraceful story. The war ceased. The finest population in India was subjected to a greedy, cowardly, cruel tyrant. Commerce and agriculture languished. The rich province which had tempted the cupidity of Sujah Dowlah became the most miserable part even of his miserable dominions. Yet is the injured nation not extinct. At long intervals gleams of its ancient spirit have flashed forth; and even at this day, valor, and self-respect, and a chivalrous feeling rare among Asiatics, and a bitter remembrance of the great crime of England, distinguish that noble Afghan race. To this day they are regarded as the best of all sepoys at the cold steel; and it was very recently remarked, by one who had enjoyed great opportunities of observation, that the only natives of India to whom the word "gentleman" can with perfect propriety be applied are to be found among the Rohillas.

Whatever we may think of the morality of Hastings, it cannot be denied that the financial results of his policy did honor to his talents. In less than two years after he assumed the government, he had, without imposing any additional burdens on the people subject to his authority, added about four hundred and fifty thousand pounds to the annual income of the Company, besides procuring about a million in ready money. He had also relieved the finances of Bengal from military expenditure, amounting to near a quarter of a million a year, and had thrown that charge on the Nabob of Oude. There can be no doubt that this was a result which, if it had been obtained by honest means, would have entitled him to the warmest gratitude of his country, and which, by whatever means obtained, proved that he possessed great talents for administration.

In the meantime, Parliament had been engaged in long and grave discussions on Asiatic affairs. The ministry of Lord North, in the session of 1773, introduced a measure which made a considerable change in the constitution of the Indian government. This law, known by the name of the Regulating Act, provided that the presidency of Bengal should exercise a control over the other possessions of the Company; that the chief of that presidency should be styled Governor-General; that he should be assisted by four Councillors; and that a supreme court of judicature, consisting of a chief justice and three inferior judges, should be established at Calcutta. This court was made independent of the Governor-General and Council, and was entrusted with a civil and criminal jurisdiction of immense and, at the same time, of undefined extent.

The Governor-General and Councillors were named in the act, and were to hold their situations for five years. Hastings was to be the first Governor-General. One of the four new Councillors, Mr. Barwell, an experienced servant of the Company, was then in India. The other three, General Clavering, Mr. Monson, and Mr. Francis, were sent out from England.

The ablest of the new Councillors was, beyond all doubt, Philip Francis. His acknowledged compositions prove that he possessed considerable eloquence and information. Several years passed in the public offices had formed him to habits of business. His enemies have never denied that he had a fearless and manly spirit; and his friends, we are afraid, must acknowledge that his estimate of himself was extravagantly high, that his temper was irritable, that his deportment was often rude and petulant, and that his hatred was of intense bitterness and long duration.

It is scarcely possible to mention this eminent man without adverting for a moment to the question which his name at once suggests to every mind. Was he the author of the Letters of Junius? Our own firm belief is that he was. The evidence is, we think, such as would support a verdict in a civil, nay, in a criminal proceeding. The handwriting of Junius is the very peculiar handwriting of Francis, slightly disguised. As to the position, pursuits, and connections of Junius, the following are the most important facts which can be considered as clearly proved: first, that he was acquainted with the technical forms of the secretary of state's office; secondly, that he was intimately acquainted with the business of the war office; thirdly, that he, during the year 1770, attended debates in the House of Lords, and took notes of speeches, particularly of the speeches of Lord Chatham; fourthly, that he bitterly resented the appointment of Mr. Chamier to the place of deputy secretary-at-war; fifthly, that he was bound by some strong tie to the first Lord Holland. Now, Francis passed some years in the secretary of state's office. He was subsequently chief clerk of the war office. He repeatedly mentioned that he had himself, in 1770, heard speeches of Lord Chatham; and some of these speeches were actually printed from his notes. He resigned his clerkship at the war office from resentment at the appointment of Mr. Chamier. It was by Lord Holland that he was first introduced into the public service. Now, here are five marks, all of which ought to be found in Junius. They are all five found in Francis. We do not believe that more than two of them can be found in any other person whatever. If this argument does not settle the question, there is an end of all reasoning on circumstantial evidence.

The internal evidence seems to us to point the same way. The style of Francis bears a strong resemblance to that of Junius; nor are we disposed to admit, what is generally taken for granted, that the acknowledged compositions of Francis are very decidedly inferior to the anonymous letters. The argument from inferiority, at all events, is one which may be urged with at least equal force against every claimant that has ever been mentioned, with the single exception of Burke; and it would be a waste of time to prove that Burke was not Junius. And what conclusion, after all, can be drawn from mere inferiority? Every writer must produce his best work; and the interval between his best work and his second best work may be very wide indeed. Nobody will say that the best letters of Junius are more decidedly superior to the acknowledged works of Francis than three or four of Corneille's tragedies to the rest, than three or four of Ben Jonson's comedies to the rest, than the Pilgrim's Progress to the other works of Bunyan, than Don Quixote to the other works of Cervantes. Nay, it is certain that Junius, whoever he may have been, was a most unequal writer. To go no further than the letters which bear the signature of Junius—the letter to the king, and the letters to Horne Tooke, have little in common, except the asperity; and asperity was an ingredient seldom wanting either in the writings or in the speeches of Francis.

Indeed one of the strongest reasons for believing that Francis was Junius is the moral resemblance between the two men. It is not difficult, from the letters which, under various signatures, are known to have been written by Junius, and from his dealings with Woodfall and others, to form a tolerably correct notion of his character. He was clearly a man not destitute of real patriotism and magnanimity, a man whose vices were not of a sordid kind. But he must also have been a man in the highest degree arrogant and insolent, a man prone to malevolence, and prone to the error of mistaking his malevolence for public virtue. "Doest thou well to be angry?" was the question asked in old time of the Hebrew prophet. And he answered, "I do well." This was evidently the temper of Junius; and to this cause we attribute the savage cruelty which disgraces several of his letters. No man is so merciless as he who, under a strong self-delusion, confounds his antipathies with his duties. It may be added that Junius, though allied with the democratic party by common enmities, was the very opposite of a democratic politician. While attacking individuals with a ferocity which perpetually violated all the laws of literary warfare, he regarded the most defective parts of old institutions with a respect amounting to pedantry, pleaded the cause of Old Sarum with fervor, and contemptuously told the capitalists of Manchester and Leeds that, if they wanted votes, they might buy land and become freeholders of Lancashire and Yorkshire. All this, we believe, might stand, with scarcely any change, for a character of Philip Francis.

It is not strange that the great anonymous writer should have been willing at that time to leave the country which had been so powerfully stirred by his eloquence. Everything had gone against him. That party which he clearly preferred to every other, the party of George Grenville, had been scattered by the death of its chief; and Lord Suffolk had led the greater part of it over to the ministerial benches. The ferment produced by the Middlesex election had gone down. Every faction must have been alike an object of aversion to Junius. His opinions on domestic affairs separated him from the ministry; his opinions on colonial affairs from the opposition. Under such circumstances, he had thrown down his pen in misanthropical despair. His farewell letter to Woodfall bears date the nineteenth of January, 1773. In that letter, he declared that he must be an idiot to write again; that he had meant well by the cause and the public; that both were given up; that there were not ten men who would act steadily together on any question. "But it is all alike," he added, "vile and contemptible. You have never flinched that I know of; and I shall always rejoice to hear of your prosperity." These were the last words of Junius. In a year from that time, Philip Francis was on his voyage to Bengal.

With the three new Councillors came out the judges of the Supreme Court. The chief justice was Sir Elijah Impey. He was an old acquaintance of Hastings; and it is probable that the Governor-General, if he had searched through all the inns of court, could not have found an equally serviceable tool. But the members of Council were by no means in an obsequious mood. Hastings greatly disliked the new form of government, and had no very high opinion of his coadjutors. They had heard of this, and were disposed to be suspicious and punctilious. When men are in such a frame of mind, any trifle is sufficient to give occasion for dispute. The members of Council expected a salute of twenty-one guns from the batteries of Fort William. Hastings allowed them only seventeen. They landed in ill-humor. The first civilities were exchanged with cold reserve. On the morrow commenced that long quarrel which, after distracting British India, was renewed in England, and in which all the most eminent statesmen and orators of the age took active part on one or the other side.

Hastings was supported by Barwell. They had not always been friends. But the arrival of the new members of Council from England naturally had the effect of uniting the old servants of the Company. Clavering, Monson, and Francis formed the majority. They instantly wrested the government out of the hands of Hastings; condemned, certainly not without justice, his late dealings with the Nabob Vizier; recalled the English agent from Oude, and sent thither a creature of their own; ordered the brigade which had conquered the unhappy Rohillas to return to the Company's territories; and instituted a severe inquiry into the conduct of the war. Next, in spite of the Governor-General's remonstrances, they proceeded to exercise, in the most indiscreet manner, their new authority over the subordinate presidencies; threw all the affairs of Bombay into confusion; and interfered, with an incredible union of rashness and feebleness, in the intestine disputes of the Mahratta government. At the same time, they fell on the internal administration of Bengal, and attacked the whole fiscal and judicial system, a system which was undoubtedly defective, but which it was very improbable that gentlemen fresh from England would be competent to amend. The effect of their reforms was that all protection to life and property was withdrawn, and that gangs of robbers plundered and slaughtered with impunity in the very suburbs of Calcutta. Hastings continued to live in the Government House, and to draw the salary of Governor-General. He continued even to take the lead at the council board in the transaction of ordinary business; for his opponents could not but feel that he knew much of which they were ignorant, and that he decided, both surely and speedily, many questions which to them would have been hopelessly puzzling. But the higher powers of government and the most valuable patronage had been taken from him.

The natives soon found this out. They considered him as a fallen man; and they acted after their kind. Some of our readers may have seen, in India, a cloud of crows pecking a sick vulture to death, no bad type of what happens in that country as often as fortune deserts one who has been great and dreaded. In an instant, all the sycophants who had lately been ready to lie for him, to forge for him, to pander for him, to poison for him, hasten to purchase the favor of his victorious enemies by accusing him. An Indian government has only to let it be understood that it wishes a particular man to be ruined, and in twenty-four hours it will be furnished with grave charges, supported by depositions so full and circumstantial that any person unaccustomed to Asiatic mendacity would regard them as decisive. It is well if the signature of the destined victim is not counterfeited at the foot of some illegal compact, and if some treasonable paper is not slipped into a hiding-place in his house. Hastings was now regarded as helpless. The power to make or mar the fortune of every man in Bengal had passed, as it seemed, into the hands of the new Councillors. Immediately charges against the Governor-General began to pour in. They were eagerly welcomed by the majority, who, to do them justice, were men of too much honor knowingly to countenance false accusations, but who were not sufficiently acquainted with the East to be aware that, in that part of the world, a very little encouragement from power will call forth, in a week, more Oateses, and Bedloes, and Dangerfields, than Westminster Hall sees in a century.

It would have been strange indeed if, at such a juncture, Nuncomar had remained quiet. That bad man was stimulated at once by malignity, by avarice, and by ambition. Now was the time to be avenged on his old enemy, to wreak a grudge of seventeen years, to establish himself in the favor of the majority of the Council, to become the greatest native in Bengal. From the time of the arrival of the new Councillors, he had paid the most marked court to them, and had in consequence been excluded, with all indignity, from the Government House. He now put into the hands of Francis, with great ceremony, a paper containing several charges of the most serious description. By this document Hastings was accused of putting offices up to sale, and of receiving bribes for suffering offenders to escape. In particular, it was alleged that Mahommed Reza Khan had been dismissed with impunity, in consideration of a great sum paid to the Governor-General.

Francis read the paper in Council. A violent altercation followed. Hastings complained in bitter terms of the way in which he was treated, spoke with contempt of Nuncomar and of Nuncomar's accusation, and denied the right of the Council to sit in judgment on the Governor. At the next meeting of the board, another communication from Nuncomar was produced. He requested that he might be permitted to attend the Council, and that he might be heard in support of his assertions. Another tempestuous debate took place. The Governor-General maintained that the council-room was not a proper place for such an investigation; that from persons who were heated by daily conflict with him he could not expect the fairness of judges; and that he could not, without betraying the dignity of his post, submit to be confronted with such a man as Nuncomar. The majority, however, resolved to go into the charges. Hastings rose, declared the sitting at an end, and left the room, followed by Barwell. The other members kept their seats, voted themselves a council, put Clavering in the chair, and ordered Nuncomar to be called in. Nuncomar not only adhered to the original charges, but, after the fashion of the East, produced a large supplement. He stated that Hastings had received a great sum for appointing Rajah Goordas treasurer of the Nabob's household, and for committing the care of his Highness's person to the Munny Begum. He put in a letter purporting to bear the seal of the Munny Begum, for the purpose of establishing the truth of his story. The seal, whether forged, as Hastings affirmed, or genuine, as we are rather inclined to believe, proved nothing. Nuncomar, as everybody knows who knows India, had only to tell the Munny Begum that such a letter would give pleasure to the majority of the Council, in order to procure her attestation. The majority, however, voted that the charge was made out; that Hastings had corruptly received between thirty and forty thousand pounds; and that he ought to be compelled to refund.

The general feeling among the English in Bengal was strongly in favor of the Governor-General. In talents for business, in knowledge of the country, in general courtesy of demeanor, he was decidedly superior to his persecutors. The servants of the Company were naturally disposed to side with the most distinguished member of their own body against a clerk from the war office, who, profoundly ignorant of the native languages and of the native character, took on himself to regulate every department of the administration. Hastings, however, in spite of the general sympathy of his countrymen, was in a most painful situation. There was still an appeal to higher authority in England. If that authority took part with his enemies, nothing was left to him but to throw up his office. He accordingly placed his resignation in the hands of his agent in London, Colonel Macleane. But Macleane was instructed not to produce the resignation, unless it should be fully ascertained that the feeling at the India House was adverse to the Governor-General.

The triumph of Nuncomar seemed to be complete. He held a daily levee, to which his countrymen resorted in crowds, and to which, on one occasion, the majority of the Council condescended to repair. His house was an office for the purpose of receiving charges against the Governor-General. It was said that, partly by threats, and partly by wheedling, the villainous Brahmin had induced many of the wealthiest men of the province to send in complaints. But he was playing a perilous game. It was not safe to drive to despair a man of such resources and of such determination as Hastings. Nuncomar, with all his acuteness, did not understand the nature of the institutions under which he lived. He saw that he had with him the majority of the body which made treaties, gave places, raised taxes. The separation between political and judicial functions was a thing of which he had no conception. It had probably never occurred to him that there was in Bengal an authority perfectly independent of the Council, an authority which could protect one whom the Council wished to destroy, and send to the gibbet one whom the Council wished to protect. Yet such was the fact. The Supreme Court was, within the sphere of its own duties, altogether independent of the Government. Hastings, with his usual sagacity, had seen how much advantage he might derive from possessing himself of this stronghold; and he had acted accordingly. The Judges, especially the Chief Justice, were hostile to the majority of the Council. The time had now come for putting this formidable machinery into action.

On a sudden, Calcutta was astounded by the news that Nuncomar had been taken up on a charge of felony, committed, and thrown into the common jail. The crime imputed to him was that six years before he had forged a bond. The ostensible prosecutor was a native. But it was then, and still is, the opinion of everybody, idiots and biographers excepted, that Hastings was the real mover in the business.

The rage of the majority rose to the highest point. They protested against the proceedings of the Supreme Court, and sent several urgent messages to the Judges, demanding that Nuncomar should be admitted to bail. The Judges returned haughty and resolute answers. All that the Council could do was to heap honors and emoluments on the family of Nuncomar; and this they did. In the meantime the assizes commenced; a true bill was found; and Nuncomar was brought before Sir Elijah Impey and a jury composed of Englishmen. A great quantity of contradictory swearing, and the necessity of having every word of the evidence interpreted, protracted the trial to a most unusual length. At last a verdict of guilty was returned, and the Chief Justice pronounced sentence of death on the prisoner.

That Impey ought to have respited Nuncomar we hold to be perfectly clear. Whether the whole proceeding was not illegal is a question. But it is certain that, whatever may have been, according to technical rules of construction, the effect of the statute under which the trial took place, it was most unjust to hang a Hindoo for forgery. The law which made forgery capital in England was passed without the smallest reference to the state of society in India. It was unknown to the natives of India. It had never been put in execution among them, certainly not for want of delinquents. It was in the highest degree shocking to all their notions. They were not accustomed to the distinction which many circumstances, peculiar to our own state of society, have led us to make between forgery and other kinds of cheating. The counterfeiting of a seal was, in their estimation, a common act of swindling; nor had it ever crossed their minds that it was to be punished as severely as gang-robbery or assassination. A just judge would, beyond all doubt, have reserved the case for the consideration of the sovereign. But Impey would not hear of mercy or delay.

The excitement among all classes was great. Francis and Francis's few English adherents described the Governor-General and the Chief Justice as the worst of murderers. Clavering, it was said, swore that, even at the foot of the gallows, Nuncomar should be rescued. The bulk of the European society, though strongly attached to the Governor-General, could not but feel compassion for a man who, with all his crimes, had so long filled so large a space in their sight, who had been great and powerful before the British empire in India began to exist, and to whom, in the old times, governors and members of council, then mere commercial factors, had paid court for protection. The feeling of the Hindoos was infinitely stronger. They were, indeed, not a people to strike one blow for their countryman. But his sentence filled them with sorrow and dismay. Tried even by their low standard of morality, he was a bad man. But, bad as he was, he was the head of their race and religion, a Brahmin of the Brahmins. He had inherited the purest and highest caste. He had practised with the greatest punctuality all those ceremonies to which the superstitious Bengalese ascribe far more importance than to the correct discharge of the social duties. They felt, therefore, as a devout Catholic in the dark ages would have felt at seeing a prelate of the highest dignity sent to the gallows by a secular tribunal. According to their old national laws, a Brahmin could not be put to death for any crime whatever. And the crime for which Nuncomar was about to die was regarded by them in much the same light in which the selling of an unsound horse for a sound price is regarded by a Yorkshire jockey.

The Mussulmans alone appear to have seen with exultation the fate of the powerful Hindoo, who had attempted to rise by means of the ruin of Mahommed Reza Khan. The Mahommedan historian of those times takes delight in aggravating the charge. He assures us that in Nuncomar's house a casket was found containing counterfeits of the seals of all the richest men of the province. We have never fallen in with any other authority for this story, which in itself is by no means improbable.

The day drew near; and Nuncomar prepared himself to die with that quiet fortitude with which the Bengalee, so effeminately timid in personal conflict, often encounters calamities for which there is no remedy. The sheriff, with the humanity which is seldom wanting in an English gentleman, visited the prisoner on the eve of the execution, and assured him that no indulgence, consistent with the law, should be refused to him. Nuncomar expressed his gratitude with great politeness and unaltered composure. Not a muscle of his face moved. Not a sigh broke from him. He put his finger to his forehead, and calmly said that fate would have its way, and that there was no resisting the pleasure of God. He sent his compliments to Francis, Clavering, and Monson, and charged them to protect Rajah Goordas, who was about to become the head of the Brahmins of Bengal. The sheriff withdrew, greatly agitated by what had passed, and Nuncomar sat composedly down to write notes and examine accounts.

The next morning, before the sun was in his power, an immense concourse assembled round the place where the gallows had been set up. Grief and horror were on every face; yet to the last the multitude could hardly believe that the English really purposed to take the life of the great Brahmin. At length the mournful procession came through the crowd. Nuncomar sat up in his palanquin, and looked round him with unaltered serenity. He had just parted from those who were most nearly connected with him. Their cries and contortions had appalled the European ministers of justice, but had not produced the smallest effect on the iron stoicism of the prisoner. The only anxiety which he expressed was that men of his own priestly caste might be in attendance to take charge of his corpse. He again desired to be remembered to his friends in the Council, mounted the scaffold with firmness, and gave the signal to the executioner. The moment that the drop fell, a howl of sorrow and despair rose from the innumerable spectators. Hundreds turned away their faces from the polluting sight, fled with loud wailings towards the Hoogley, and plunged into its holy waters, as if to purify themselves from the guilt of having looked on such a crime. These feelings were not confined to Calcutta. The whole province was greatly excited; and the population of Dacca, in particular, gave strong signs of grief and dismay.

Of Impey's conduct it is impossible to speak too severely. We have already said that, in our opinion, he acted unjustly in refusing to respite Nuncomar. No rational man can doubt that he took this course in order to gratify the Governor-General. If we had ever had any doubts on that point, they would have been dispelled by a letter which Mr. Gleig has published. Hastings, three or four years later, described Impey as the man "to whose support he was at one time indebted for the safety of his fortune, honor, and reputation." These strong words can refer only to the case of Nuncomar; and they must mean that Impey hanged Nuncomar in order to support Hastings. It is, therefore, our deliberate opinion that Impey, sitting as a judge, put a man unjustly to death in order to serve a political purpose.

But we look on the conduct of Hastings in a somewhat different light. He was struggling for fortune, honor, liberty, all that makes life valuable. He was beset by rancorous and unprincipled enemies. From his colleagues he could expect no justice. He cannot be blamed for wishing to crush his accusers. He was indeed bound to use only legitimate means for that end. But it was not strange that he should have thought any means legitimate which were pronounced legitimate by the sages of the law, by men whose peculiar duty it was to deal justly between adversaries, and whose education might be supposed to have peculiarly qualified them for the discharge of that duty. Nobody demands from a party the unbending equity of a judge. The reason that judges are appointed is, that even a good man cannot be trusted to decide a cause in which he is himself concerned. Not a day passes on which an honest prosecutor does not ask for what none but a dishonest tribunal would grant. It is too much to expect that any man, when his dearest interests are at stake, and his strongest passions excited, will, as against himself, be more just than the sworn dispensers of justice. To take an analogous case from the history of our own island: suppose that Lord Stafford, when in the Tower on suspicion of being concerned in the Popish Plot, had been apprised that Titus Oates had done something which might, by a questionable construction, be brought under the head of felony. Should we severely blame Lord Stafford, in the supposed case, for causing a prosecution to be instituted, for furnishing funds, for using all his influence to intercept the mercy of the Crown? We think not. If a judge, indeed, from favor to the Catholic lords, were to strain the law in order to hang Oates, such a judge would richly deserve impeachment. But it does not appear to us that the Catholic lord, by bringing the case before the judge for decision, would materially overstep the limits of a just self-defence.

While, therefore, we have not the least doubt that this memorable execution is to be attributed to Hastings, we doubt whether it can with justice be reckoned among his crimes. That his conduct was dictated by a profound policy is evident. He was in a minority in Council. It was possible that he might long be in a minority. He knew the native character well. He knew in what abundance accusations are certain to flow in against the most innocent inhabitant of India who is under the frown of power. There was not in the whole black population of Bengal a place-holder, a place-hunter, a government tenant, who did not think that he might better himself by sending up a deposition against the Governor-General. Under these circumstances, the persecuted statesman resolved to teach the whole crew of accusers and witnesses that, though in a minority at the council board, he was still to be feared. The lesson which he gave them was indeed a lesson not to be forgotten. The head of the combination which had been formed against him, the richest, the most powerful, the most artful of the Hindoos, distinguished by the favor of those who then held the government, fenced round by the superstitious reverence of millions, was hanged in broad day before many thousands of people. Everything that could make the warning impressive, dignity in the sufferer, solemnity in the proceeding, was found in this case. The helpless rage and vain struggles of the Council made the triumph more signal. From that moment the conviction of every native was that it was safer to take the part of Hastings in a minority than that of Francis in a majority, and that he who was so venturous as to join in running down the Governor-General might chance, in the phrase of the Eastern poet, to find a tiger, while beating the jungle for a deer. The voices of a thousand informers were silenced in an instant. From that time, whatever difficulties Hastings might have to encounter, he was never molested by accusations from natives of India.

It is a remarkable circumstance that one of the letters of Hastings to Dr. Johnson bears date a very few hours after the death of Nuncomar. While the whole settlement was in commotion, while a mighty and ancient priesthood were weeping over the remains of their chief, the conqueror in that deadly grapple sat down, with characteristic self-possession, to write about the Tour to the Hebrides, Jones's Persian Grammar, and the history, traditions, arts, and natural productions of India.

In the meantime, intelligence of the Rohilla war, and of the first disputes between Hastings and his colleagues, had reached London. The Directors took part with the majority, and sent out a letter filled with severe reflections on the conduct of Hastings. They condemned, in strong but just terms, the iniquity of undertaking offensive wars merely for the sake of pecuniary advantages. But they utterly forgot that, if Hastings had by illicit means obtained pecuniary advantages, he had done so, not for his own benefit, but in order to meet their demands. To enjoin honesty, and to insist on having what could not be honestly got, was then the constant practice of the Company. As Lady Macbeth says of her husband, they "would not play false, and yet would wrongly win."

The Regulating Act, by which Hastings had been appointed Governor-General for five years, empowered the Crown to remove him on an address from the Company. Lord North was desirous to procure such an address. The three members of Council who had been sent out from England were men of his own choice. General Clavering, in particular, was supported by a large parliamentary connection, such as no cabinet could be inclined to disoblige. The wish of the Minister was to displace Hastings, and to put Clavering at the head of the government. In the Court of Directors parties were very nearly balanced. Eleven voted against Hastings; ten for him. The Court of Proprietors was then convened. The great saleroom presented a singular appearance. Letters had been sent by the Secretary of the Treasury, exhorting all the supporters of government who held India stock to be in attendance. Lord Sandwich marshalled the friends of the administration with his usual dexterity and alertness. Fifty peers and privy councillors, seldom seen so far eastward, were counted in the crowd. The debate lasted till midnight. The opponents of Hastings had a small superiority on the division; but a ballot was demanded; and the result was that the Governor-General triumphed by a majority of above a hundred votes over the combined efforts of the Directors and the Cabinet. The ministers were greatly exasperated by this defeat. Even Lord North lost his temper, no ordinary occurrence with him, and threatened to convoke Parliament before Christmas, and to bring in a bill for depriving the Company of all political power, and for restricting it to its old business of trading in silks and teas.

Colonel Macleane, who through all this conflict had zealously supported the cause of Hastings, now thought that his employer was in imminent danger of being turned out, branded with parliamentary censure, perhaps prosecuted. The opinion of the crown lawyers had already been taken respecting some parts of the Governor-General's conduct. It seemed to be high time to think of securing an honorable retreat. Under these circumstances, Macleane thought himself justified in producing the resignation with which he had been entrusted. The instrument was not in very accurate form; but the Directors were too eager to be scrupulous. They accepted the resignation, fixed on Mr. Wheler, one of their own body, to succeed Hastings, and sent out orders that General Clavering, as senior member of Council, should exercise the functions of Governor-General till Mr. Wheler should arrive.

But, while these things were passing in England, a great change had taken place in Bengal. Monson was no more. Only four members of the government were left. Clavering and Francis were on one side, Barwell and the Governor-General on the other; and the Governor-General had the casting vote. Hastings, who had been during two years destitute of all power and patronage, became at once absolute. He instantly proceeded to retaliate on his adversaries. Their measures were reversed, their creatures were displaced. A new valuation of the lands of Bengal, for the purposes of taxation, was ordered; and it was provided that the whole inquiry should be conducted by the Governor-General, and that all the letters relating to it should run in his name. He began, at the same time, to revolve vast plans of conquest and dominion, plans which he lived to see realized, though not by himself. His project was to form subsidiary alliances with the native princes, particularly with those of Oude and Berar, and thus to make Britain the paramount power in India. While he was meditating these great designs, arrived the intelligence that he had ceased to be Governor-General, that his resignation had been accepted, that Wheler was coming out immediately, and that, till Wheler arrived, the chair was to be filled by Clavering.

Had Hastings still been in a minority, he would probably have retired without a struggle; but he was now the real master of British India, and he was not disposed to quit his high place. He asserted that he had never given any instructions which could warrant the steps taken at home. What his instructions had been, he owned he had forgotten. If he had kept a copy of them he had mislaid it. But he was certain that he had repeatedly declared to the Directors that he would not resign. He could not see how the court, possessed of that declaration from himself, could receive his resignation from the doubtful hands of an agent. If the resignation were invalid, all the proceedings which were founded on that resignation were null, and Hastings was still Governor-General.

He afterwards affirmed that, though his agents had not acted in conformity with his instructions, he would nevertheless have held himself bound by their acts, if Clavering had not attempted to seize the supreme power by violence. Whether this assertion were or were not true, it cannot be doubted that the imprudence of Clavering gave Hastings an advantage. The General sent for the keys of the fort and of the treasury, took possession of the records, and held a council at which Francis attended. Hastings took the chair in another apartment, and Barwell sat with him. Each of the two parties had a plausible show of right. There was no authority entitled to their obedience within fifteen thousand miles. It seemed that there remained no way of settling the dispute except an appeal to arms; and from such an appeal Hastings, confident of his influence over his countrymen in India, was not inclined to shrink. He directed the officers of the garrison of Fort William and of all the neighboring stations to obey no orders but his. At the same time, with admirable judgment, he offered to submit the case to the Supreme Court, and to abide by its decision. By making this proposition he risked nothing; yet it was a proposition which his opponents could hardly reject. Nobody could be treated as a criminal for obeying what the judges should solemnly pronounce to be the lawful government. The boldest man would shrink from taking arms in defence of what the judges should pronounce to be usurpation. Clavering and Francis, after some delay, unwillingly consented to abide by the award of the court. The court pronounced that the resignation was invalid, and that therefore Hastings was still Governor-General under the Regulating Act; and the defeated members of the Council, finding that the sense of the whole settlement was against them, acquiesced in the decision.

About this time arrived the news that, after a suit which had lasted several years, the Franconian courts had decreed a divorce between Imhoff and his wife. The Baron left Calcutta, carrying with him the means of buying an estate in Saxony. The lady became Mrs. Hastings. The event was celebrated by great festivities; and all the most conspicuous persons at Calcutta, without distinction of parties, were invited to the Government House. Clavering, as the Mahommedan chronicler tells the story, was sick in mind and body, and excused himself from joining the splendid assembly. But Hastings, whom, as it should seem, success in ambition and in love had put into high good-humor, would take no denial. He went himself to the General's house, and at length brought his vanquished rival in triumph to the gay circle which surrounded the bride. The exertion was too much for a frame broken by mortification as well as by disease. Clavering died a few days later.

Wheler, who came out expecting to be Governor-General, and was forced to content himself with a seat at the council board, generally voted with Francis. But the Governor-General, with Barwell's help and his own casting vote, was still the master. Some change took place at this time in the feeling both of the Court of Directors and of the Ministers of the Crown. All designs against Hastings were dropped; and, when his original term of five years expired, he was quietly reappointed. The truth is that the fearful dangers to which the public interests in every quarter were now exposed made both Lord North and the Company unwilling to part with a Governor whose talents, experience, and resolution enmity itself was compelled to acknowledge.

The crisis was indeed formidable. That great and victorious empire, on the throne of which George the Third had taken his seat eighteen years before, with brighter hopes than had attended the accession of any of the long line of English sovereigns, had, by the most senseless misgovernment, been brought to the verge of ruin. In America millions of Englishmen were at war with the country from which their blood, their language, their religion, and their institutions were derived, and to which, but a short time before, they had been as strongly attached as the inhabitants of Norfolk and Leicestershire. The great powers of Europe, humbled to the dust by the vigor and genius which had guided the councils of George the Second, now rejoiced in the prospect of a signal revenge. The time was approaching when our island, while struggling to keep down the United States of America, and pressed with a still nearer danger by the too just discontents of Ireland, was to be assailed by France, Spain, and Holland, and to be threatened by the armed neutrality of the Baltic; when even our maritime supremacy was to be in jeopardy; when hostile fleets were to command the Straits of Calpe and the Mexican Sea; when the British flag was to be scarcely able to protect the British Channel. Great as were the faults of Hastings, it was happy for our country that at that conjuncture, the most terrible through which she has ever passed, he was the ruler of her Indian dominions.

An attack by sea on Bengal was little to be apprehended. The danger was that the European enemies of England might form an alliance with some native power, might furnish that power with troops, arms, and ammunition, and might thus assail our possessions on the side of the land. It was chiefly from the Mahrattas that Hastings anticipated danger. The original seat of that singular people was the wild range of hills which runs along the western coast of India. In the reign of Aurungzebe the inhabitants of those regions, led by the great Sevajee, began to descend on the possessions of their wealthier and less warlike neighbors. The energy, ferocity, and cunning of the Mahrattas soon made them the most conspicuous among the new powers which were generated by the corruption of the decaying monarchy. At first they were only robbers. They soon rose to the dignity of conquerors. Half the provinces of the empire were turned into Mahratta principalities. Freebooters, sprung from low castes, and accustomed to menial employments, became mighty Rajahs. The Bonslas, at the head of a band of plunderers, occupied the vast region of Berar. The Guicowar, which is, being interpreted, the Herdsman, founded that dynasty which still reigns in Guzerat. The houses of Scindia and Holkar waxed great in Malwa. One adventurous captain made his nest on the impregnable rock of Gooti. Another became the lord of the thousand villages which are scattered among the green rice-fields of Tanjore.

That was the time, throughout India, of double government. The form and the power were everywhere separated. The Mussulman nabobs who had become sovereign princes, the Vizier in Oude, and the Nizam at Hyderabad, still called themselves the viceroys of the house of Tamerlane. In the same manner the Mahratta states, though really independent of each other, pretended to be members of one empire. They all acknowledged, by words and ceremonies, the supremacy of the heir of Sevajee, a roi fainéant who chewed bhang and toyed with dancing girls in a state prison at Sattara, and of his Peshwa or mayor of the palace, a great hereditary magistrate, who kept a court with kingly state at Poonah, and whose authority was obeyed in the spacious provinces of Aurungabad and Bejapoor.

Some months before war was declared in Europe the government of Bengal was alarmed by the news that a French adventurer, who passed for a man of quality, had arrived at Poonah. It was said that he had been received there with great distinction, that he had delivered to the Peshwa letters and presents from Louis the Sixteenth, and that a treaty, hostile to England, had been concluded between France and the Mahrattas.

Hastings immediately resolved to strike the first blow. The title of the Peshwa was not undisputed. A portion of the Mahratta nation was favorable to a pretender. The Governor-General determined to espouse this pretender's interest, to move an army across the peninsula of India, and to form a close alliance with the chief of the house of Bonsla, who ruled Berar, and who, in power and dignity, was inferior to none of the Mahratta princes.

The army had marched, and the negotiations with Berar were in progress, when a letter from the English consul at Cairo brought the news that war had been proclaimed both in London and Paris. All the measures which the crisis required were adopted by Hastings without a moment's delay. The French factories in Bengal were seized. Orders were sent to Madras that Pondicherry should instantly be occupied. Near Calcutta, works were thrown up which were thought to render the approach of a hostile force impossible. A maritime establishment was formed for the defence of the river. Nine new battalions of sepoys were raised, and a corps of native artillery was formed out of the hardy Lascars of the Bay of Bengal. Having made these arrangements, the Governor-General with calm confidence pronounced his presidency secure from all attack, unless the Mahrattas should march against it in conjunction with the French.

The expedition which Hastings had sent westward was not so speedily or completely successful as most of his undertakings. The commanding officer procrastinated. The authorities at Bombay blundered. But the Governor-General persevered. A new commander repaired the errors of his predecessor. Several brilliant actions spread the military renown of the English through regions where no European flag had ever been seen. It is probable that, if a new and more formidable danger had not compelled Hastings to change his whole policy, his plans respecting the Mahratta empire would have been carried into complete effect.

The authorities in England had wisely sent out to Bengal, as commander of the forces and member of the Council, one of the most distinguished soldiers of that time. Sir Eyre Coote had, many years before, been conspicuous among the founders of the British empire in the East. At the council of war which preceded the battle of Plassey, he earnestly recommended, in opposition to the majority, that daring course which, after some hesitation, was adopted, and which was crowned with such splendid success. He subsequently commanded in the south of India against the brave and unfortunate Lally, gained the decisive battle of Wandewash over the French and their native allies, took Pondicherry, and made the English power supreme in the Carnatic. Since those great exploits near twenty years had elapsed. Coote had no longer the bodily activity which he had shown in earlier days; nor was the vigor of his mind altogether unimpaired. He was capricious and fretful, and required much coaxing to keep him in good-humor. It must, we fear, be added, that the love of money had grown upon him, and that he thought more about his allowances, and less about his duties, than might have been expected from so eminent a member of so noble a profession. Still he was perhaps the ablest officer that was then to be found in the British army. Among the native soldiers his name was great and his influence unrivalled. Nor is he yet forgotten by them. Now and then a white-bearded old sepoy may still be found, who loves to talk of Porto Novo and Pollilore. It is but a short time since one of those aged men came to present a memorial to an English officer, who holds one of the highest employments in India. A print of Coote hung in the room. The veteran recognized at once that face and figure which he had not seen for more than half a century, and, forgetting his salam to the living, halted, drew himself up, lifted his hand, and with solemn reverence paid his military obeisance to the dead.

Coote, though he did not, like Barwell, vote constantly with the Governor-General, was by no means inclined to join in systematic opposition, and on most questions concurred with Hastings, who did his best, by assiduous courtship, and by readily granting the most exorbitant allowances, to gratify the strongest passions of the old soldier.

It seemed likely at this time that a general reconciliation would put an end to the quarrels which had, during some years, weakened and disgraced the government of Bengal. The dangers of the empire might well induce men of patriotic feeling—and of patriotic feeling neither Hastings nor Francis was destitute—to forget private enmities, and to coöperate heartily for the general good. Coote had never been concerned in faction. Wheler was thoroughly tired of it. Barwell had made an ample fortune, and, though he had promised that he would not leave Calcutta while his help was needed in Council, was most desirous to return to England, and exerted himself to promote an arrangement which would set him at liberty. A compact was made, by which Francis agreed to desist from opposition, and Hastings engaged that the friends of Francis should be admitted to a fair share of the honors and emoluments of the service. During a few months after this treaty there was apparent harmony at the council board.

Harmony, indeed, was never more necessary; for at this moment internal calamities, more formidable than war itself, menaced Bengal. The authors of the Regulating Act of 1773 had established two independent powers, the one judicial, the other political; and, with a carelessness scandalously common in English legislation, had omitted to define the limits of either. The judges took advantage of the indistinctness, and attempted to draw to themselves supreme authority, not only within Calcutta, but through the whole of the great territory subject to the presidency of Fort William. There are few Englishmen who will not admit that the English law, in spite of modern improvements, is neither so cheap nor so speedy as might be wished. Still, it is a system which has grown up among us. In some points, it has been fashioned to suit our feelings; in others, it has gradually fashioned our feelings to suit itself. Even to its worst evils we are accustomed; and therefore, though we may complain of them, they do not strike us with the horror and dismay which would be produced by a new grievance of smaller severity. In India the case is widely different. English law, transplanted to that country, has all the vices from which we suffer here; it has them all in a far higher degree; and it has other vices, compared with which the worst vices from which we suffer are trifles. Dilatory here, it is far more dilatory in a land where the help of an interpreter is needed by every judge and by every advocate. Costly here, it is far more costly in a land into which the legal practitioners must be imported from an immense distance. All English labor in India, from the labor of the Governor-General and the Commander-in-Chief, down to that of a groom or a watchmaker, must be paid for at a higher rate than at home. No man will be banished, and banished to the torrid zone, for nothing. The rule holds good with respect to the legal profession. No English barrister will work, fifteen thousand miles from all his friends, with the thermometer at ninety-six in the shade, for the emoluments which will content him in chambers that overlook the Thames. Accordingly, the fees at Calcutta are about three times as great as the fees of Westminster Hall; and this, though the people of India are, beyond all comparison, poorer than the people of England. Yet the delay and the expense, grievous as they are, form the smallest part of the evil which English law, imported without modifications into India, could not fail to produce. The strongest feelings of our nature, honor, religion, female modesty, rose up against the innovation. Arrest on mesne process was the first step in most civil proceedings; and to a native of rank arrest was not merely a restraint, but a foul personal indignity. Oaths were required in every stage of every suit; and the feeling of a Quaker about an oath is hardly stronger than that of a respectable native. That the apartments of a woman of quality should be entered by strange men, or that her face should be seen by them, are, in the East, intolerable outrages,—outrages which are more dreaded than death, and which can be expiated only by the shedding of blood. To these outrages the most distinguished families of Bengal, Bahar, and Orissa, were now exposed. Imagine what the state of our own country would be, if a jurisprudence were on a sudden introduced among us, which should be to us what our jurisprudence was to our Asiatic subjects. Imagine what the state of our country would be, if it were enacted that any man, by merely swearing that a debt was due to him, should acquire a right to insult the persons of men of the most honorable and sacred callings and of women of the most shrinking delicacy, to horsewhip a general officer, to put a bishop in the stocks, to treat ladies in the way which called forth the blow of Wat Tyler. Something like this was the effect of the attempt which the Supreme Court made to extend its jurisprudence over the whole of the Company's territory.

A reign of terror began, of terror heightened by mystery: for even that which was endured was less horrible than that which was anticipated. No man knew what was next to be expected from this strange tribunal. It came from beyond the black water, as the people of India, with mysterious horror, call the sea. It consisted of judges not one of whom was familiar with the usages of the millions over whom they claimed boundless authority. Its records were kept in unknown characters; its sentences were pronounced in unknown sounds. It had already collected round itself an army of the worst part of the native population, informers, and false witnesses, and common barrators, and agents of chicane, and, above all, a banditti of bailiffs' followers, compared with whom the retainers of the worst English sponging-houses, in the worst times, might be considered as upright and tender-hearted. Many natives, highly considered among their countrymen, were seized, hurried up to Calcutta, flung into the common jail, not for any crime even imputed, not for any debt that had been proved, but merely as a precaution till their cause should come to trial. There were instances in which men of the most venerable dignity, persecuted without a cause by extortioners, died of rage and shame in the gripe of the vile alguazils of Impey. The harams of noble Mahommedans, sanctuaries respected in the East by governments which respected nothing else, were burst open by gangs of bailiffs. The Mussulmans, braver and less accustomed to submission than the Hindoos, sometimes stood on their defence; and there were instances in which they shed their blood in the doorway, while defending, sword in hand, the sacred apartments of their women. Nay, it seemed as if even the faint-hearted Bengalee, who had crouched at the feet of Surajah Dowlah, who had been mute during the administration of Vansittart, would at length find courage in despair. No Mahratta invasion had ever spread through the province such dismay as this inroad of English lawyers. All the injustice of former oppressors, Asiatic and European, appeared as a blessing when compared with the justice of the Supreme Court.

Every class of the population, English and native, with the exception of the ravenous pettifoggers who fattened on the misery and terror of an immense community, cried out loudly against this fearful oppression. But the judges were immovable. If a bailiff was resisted, they ordered the soldiers to be called out. If a servant of the Company, in conformity with the orders of the government, withstood the miserable catchpoles who, with Impey's writs in their hands, exceeded the insolence and rapacity of gang-robbers, he was flung into prison for a contempt. The lapse of sixty years, the virtue and wisdom of many eminent magistrates who have during that time administered justice in the Supreme Court, have not effaced from the minds of the people of Bengal the recollection of those evil days.

The members of the government were, on this subject, united as one man. Hastings had courted the judges; he had found them useful instruments. But he was not disposed to make them his own masters, or the masters of India. His mind was large; his knowledge of the native character most accurate. He saw that the system pursued by the Supreme Court was degrading to the government and ruinous to the people; and he resolved to oppose it manfully. The consequence was, that the friendship, if that be the proper word for such a connection, which had existed between him and Impey, was for a time completely dissolved. The government placed itself firmly between the tyrannical tribunal and the people. The Chief Justice proceeded to the wildest excesses. The Governor-General and all the members of Council were served with writs, calling on them to appear before the King's justices, and to answer for their public acts. This was too much. Hastings, with just scorn, refused to obey the call, set at liberty the persons wrongfully detained by the Court, and took measures for resisting the outrageous proceedings of the sheriffs' officers, if necessary, by the sword. But he had in view another device which might prevent the necessity of an appeal to arms. He was seldom at a loss for an expedient; and he knew Impey well. The expedient, in this case, was a very simple one, neither more nor less than a bribe. Impey was, by act of Parliament, a judge, independent of the government of Bengal, and entitled to a salary of eight thousand a year. Hastings proposed to make him also a judge in the Company's service, removable at the pleasure of the government of Bengal; and to give him, in that capacity, about eight thousand a year more. It was understood that, in consideration of this new salary, Impey would desist from urging the high pretensions of his court. If he did urge these pretensions, the government could, at a moment's notice, eject him from the new place which had been created for him. The bargain was struck; Bengal was saved; an appeal to force was averted; and the Chief Justice was rich, quiet, and infamous.

Of Impey's conduct it is unnecessary to speak. It was of a piece with almost every part of his conduct that comes under the notice of history. No other such judge has dishonored the English ermine, since Jeffreys drank himself to death in the Tower. But we cannot agree with those who have blamed Hastings for this transaction. The case stood thus. The negligent manner in which the Regulating Act had been framed put it in the power of the Chief Justice to throw a great country into the most dreadful confusion. He was determined to use his power to the utmost, unless he was paid to be still; and Hastings consented to pay him. The necessity was to be deplored. It is also to be deplored that pirates should be able to exact ransom by threatening to make their captives walk the plank. But to ransom a captive from pirates has always been held a humane and Christian act; and it would be absurd to charge the payer of the ransom with corrupting the virtue of the corsair. This, we seriously think, is a not unfair illustration of the relative position of Impey, Hastings, and the people of India. Whether it was right in Impey to demand or to accept a price for powers which, if they really belonged to him, he could not abdicate, which, if they did not belong to him, he ought never to have usurped, and which in neither case he could honestly sell, is one question. It is quite another question, whether Hastings was not right to give any sum, however large, to any man, however worthless, rather than either surrender millions of human beings to pillage, or rescue them by civil war.

Francis strongly opposed this arrangement. It may, indeed, be suspected that personal aversion to Impey was as strong a motive with Francis as regard for the welfare of the province. To a mind burning with resentment, it might seem better to leave Bengal to the oppressors than to redeem it by enriching them. It is not improbable, on the other hand, that Hastings may have been the more willing to resort to an expedient agreeable to the Chief Justice, because that high functionary had already been so serviceable, and might, when existing dissensions were composed, be serviceable again.

But it was not on this point alone that Francis was now opposed to Hastings. The peace between them proved to be only a short and hollow truce, during which their mutual aversion was constantly becoming stronger. At length an explosion took place. Hastings publicly charged Francis with having deceived him, and with having induced Barwell to quit the service by insincere promises. Then came a dispute, such as frequently arises even between honorable men, when they may make important agreements by mere verbal communication. An impartial historian will probably be of opinion that they had misunderstood each other; but their minds were so much embittered that they imputed to each other nothing less than deliberate villainy. "I do not," said Hastings, in a minute recorded on the Consultations of the Government, "I do not trust to Mr. Francis's promises of candor, convinced that he is incapable of it. I judge of his public conduct by his private, which I have found to be void of truth and honor." After the Council had risen, Francis put a challenge into the Governor-General's hand. It was instantly accepted. They met, and fired. Francis was shot through the body. He was carried to a neighboring house, where it appeared that the wound, though severe, was not mortal. Hastings inquired repeatedly after his enemy's health, and proposed to call on him; but Francis coldly declined the visit. He had a proper sense, he said, of the Governor-General's politeness, but could not consent to any private interview. They could meet only at the council board.

In a very short time it was made signally manifest to how great a danger the Governor-General had, on this occasion, exposed his country. A crisis arrived with which he, and he alone, was competent to deal. It is not too much to say that, if he had been taken from the head of affairs, the years 1780 and 1781 would have been as fatal to our power in Asia as to our power in America.

The Mahrattas had been the chief objects of apprehension to Hastings. The measures which he had adopted for the purpose of breaking their power had at first been frustrated by the errors of those whom he was compelled to employ; but his perseverance and ability seemed likely to be crowned with success, when a far more formidable danger showed itself in a distant quarter.

About thirty years before this time, a Mahommedan soldier had begun to distinguish himself in the wars of Southern India. His education had been neglected; his extraction was humble. His father had been a petty officer of revenue; his grandfather a wandering dervise. But though thus meanly descended, though ignorant even of the alphabet, the adventurer had no sooner been placed at the head of a body of troops than he approved himself a man born for conquest and command. Among the crowd of chiefs who were struggling for a share of India, none could compare with him in the qualities of the captain and the statesman. He became a general; he became a sovereign. Out of the fragments of old principalities, which had gone to pieces in the general wreck, he formed for himself a great, compact, and vigorous empire. That empire he ruled with the ability, severity, and vigilance of Louis the Eleventh. Licentious in his pleasures, implacable in his revenge, he had yet enlargement of mind enough to perceive how much the prosperity of subjects adds to the strength of governments. He was an oppressor; but he had at least the merit of protecting his people against all oppression except his own. He was now in extreme old age; but his intellect was as clear, and his spirit as high, as in the prime of manhood. Such was the great Hyder Ali, the founder of the Mahommedan kingdom of Mysore, and the most formidable enemy with whom the English conquerors of India have ever had to contend.

Had Hastings been governor of Madras, Hyder would have been either made a friend, or vigorously encountered as an enemy. Unhappily the English authorities in the south provoked their powerful neighbor's hostility, without being prepared to repel it. On a sudden, an army of ninety thousand men, far superior in discipline and efficiency to any other native force that could be found in India, came pouring through those wild passes which, worn by mountain torrents, and dark with jungle, lead down from the table-land of Mysore to the plains of the Carnatic. This great army was accompanied by a hundred pieces of cannon; and its movements were guided by many French officers, trained in the best military schools of Europe.

Hyder was everywhere triumphant. The sepoys in many British garrisons flung down their arms. Some forts were surrendered by treachery, and some by despair. In a few days the whole open country north of the Coleroon had submitted. The English inhabitants of Madras could already see by night, from the top of Mount St. Thomas, the eastern sky reddened by a vast semicircle of blazing villages. The white villas, to which our countrymen retire after the daily labors of government and of trade, when the cool evening breeze springs up from the bay, were now left without inhabitants; for bands of the fierce horsemen of Mysore had already been seen prowling among the tulip trees, and near the gay verandas. Even the town was not thought secure, and the British merchants and public functionaries made haste to crowd themselves behind the cannon of Fort St. George.

There were the means indeed of assembling an army which might have defended the presidency, and even driven the invader back to his mountains. Sir Hector Munro was at the head of one considerable force; Baillie was advancing with another. United, they might have presented a formidable front even to such an enemy as Hyder. But the English commanders, neglecting those fundamental rules of the military art of which the propriety is obvious even to men who had never received a military education, deferred their junction, and were separately attacked. Baillie's detachment was destroyed. Munro was forced to abandon his baggage, to fling his guns into the tanks, and to save himself by a retreat which might be called a flight. In three weeks from the commencement of the war, the British empire in Southern India had been brought to the verge of ruin. Only a few fortified places remained to us. The glory of our arms had departed. It was known that a great French expedition might soon be expected on the coast of Coromandel. England, beset by enemies on every side, was in no condition to protect such remote dependencies.

Then it was that the fertile genius and serene courage of Hastings achieved their most signal triumph. A swift ship, flying before the southwest monsoon, brought the evil tidings in a few days to Calcutta. In twenty-four hours the Governor-General had framed a complete plan of policy adapted to the altered state of affairs. The struggle with Hyder was a struggle, for life and death. All minor objects must be sacrificed to the preservation of the Carnatic. The disputes with the Mahrattas must be accommodated. A large military force and a supply of money must be instantly sent to Madras. But even these measures would be insufficient, unless the war, hitherto so grossly mismanaged, were placed under the direction of a vigorous mind. It was no time for trifling. Hastings determined to resort to an extreme exercise of power, to suspend the incapable governor of Fort St. George, to send Sir Eyre Coote to oppose Hyder, and to entrust that distinguished general with the whole administration of the war.

In spite of the sullen opposition of Francis, who had now recovered from his wound, and had returned to the Council, the Governor-General's wise and firm policy was approved by the majority of the board. The reinforcements were sent off with great expedition, and reached Madras before the French armament arrived in the Indian seas. Coote, broken by age and disease, was no longer the Coote of Wandewash; but he was still a resolute and skilful commander. The progress of Hyder was arrested; and in a few months the great victory of Porto Novo retrieved the honor of the English arms.

In the meantime Francis had returned to England, and Hastings was now left perfectly unfettered. Wheler had gradually been relaxing in his opposition, and, after the departure of his vehement and implacable colleague, coöperated heartily with the Governor-General, whose influence over the British in India, always great, had, by the vigor and success of his recent measures, been considerably increased.

But, though the difficulties arising from factions within the Council were at an end, another class of difficulties had become more pressing than ever. The financial embarrassment was extreme. Hastings had to find the means, not only of carrying on the government of Bengal, but of maintaining a most costly war against both Indian and European enemies in the Carnatic, and of making remittances to England. A few years before this time he had obtained relief by plundering the Mogul and enslaving the Rohillas; nor were the resources of his fruitful mind by any means exhausted.

His first design was on Benares, a city which in wealth, population, dignity, and sanctity, was among the foremost of Asia. It was commonly believed that half a million of human beings was crowded into that labyrinth of lofty alleys, rich with shrines, and minarets, and balconies, and carved oriels, to which the sacred apes clung by hundreds. The traveller could scarcely make his way through the press of holy mendicants and not less holy bulls. The broad and stately flights of steps which descended from these swarming haunts to the bathing-places along the Ganges were worn every day by the footsteps of an innumerable multitude of worshippers. The schools and temples drew crowds of pious Hindoos from every province where the Brahminical faith was known. Hundreds of devotees came thither every month to die: for it was believed that a peculiarly happy fate awaited the man who should pass from the sacred city into the sacred river. Nor was superstition the only motive which allured strangers to that great metropolis. Commerce had as many pilgrims as religion. All along the shores of the venerable stream lay great fleets of vessels laden with rich merchandise. From the looms of Benares went forth the most delicate silks that adorned the balls of St. James's and of Versailles; and, in the bazaars, the muslins of Bengal and the sabres of Oude were mingled with the jewels of Golconda and the shawls of Cashmere. This rich capital, and the surrounding tract, had long been under the immediate rule of a Hindoo Prince, who rendered homage to the Mogul emperors. During the great anarchy of India, the lords of Benares became independent of the court of Delhi, but were compelled to submit to the authority of the Nabob of Oude. Oppressed by this formidable neighbor, they invoked the protection of the English. The English protection was given; and at length the Nabob Vizier, by a solemn treaty, ceded all his rights over Benares to the Company. From that time the Rajah was the vassal of the government of Bengal, acknowledged its supremacy, and engaged to send an annual tribute to Fort William. This tribute Cheyte Sing, the reigning prince, had paid with strict punctuality.

About the precise nature of the legal relation between the Company and the Rajah of Benares there has been much warm and acute controversy. On the one side, it has been maintained that Cheyte Sing was merely a great subject on whom the superior power had a right to call for aid in the necessities of the empire. On the other side, it has been contended that he was an independent prince, that the only claim which the Company had upon him was for a fixed tribute, and that while the fixed tribute was regularly paid, as it assuredly was, the English had no more right to exact any further contribution from him than to demand subsidies from Holland or Denmark. Nothing is easier than to find precedents and analogies in favor of either view.

Our own impression is that neither view is correct. It was too much the habit of English politicians to take it for granted that there was in India a known and definite constitution by which questions of this kind were to be decided. The truth is that, during the interval which elapsed between the fall of the house of Tamerlane and the establishment of the British ascendency, there was no such constitution. The old order of things had passed away; the new order of things was not yet formed. All was transition, confusion, obscurity. Everybody kept his head as he best might, and scrambled for whatever he could get. There have been similar seasons in Europe. The time of the dissolution of the Carlovingian empire is an instance. Who would think of seriously discussing the question, What extent of pecuniary aid and of obedience Hugh Capet had a constitutional right to demand from the Duke of Brittany or the Duke of Normandy? The words "constitutional right" had, in that state of society, no meaning. If Hugh Capet laid hands on all the possessions of the Duke of Normandy, this might be unjust and immoral; but it would not be illegal, in the sense in which the ordinances of Charles the Tenth were illegal. If, on the other hand, the Duke of Normandy made war on Hugh Capet, this might be unjust and immoral; but it would not be illegal, in the sense in which the expedition of Prince Louis Bonaparte was illegal.