Part 3

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_ 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 honour 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, valour, 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 honour 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 mode 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 intrusted 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 fervour, 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-humour. 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 pandar for him, to poison for him, hasten to purchase the favour 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 honour 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 favour 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 favour of the Governor-General. In talents for business, in knowledge of the country, in general courtesy of demeanour, 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 language, 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 bad 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 gaol. 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 honours 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 Bengalees 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. No 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. _

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