Part 8

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_ When the deep murmur of various emotions had subsided, Mr. Fox rose to address the Lords respecting the course of proceeding to be followed. The wish of the accusers was that the Court would bring to a close the investigation of the first charge before the second was opened. The wish of Hastings and of his counsel was that the managers should open all the charges, and produce all the evidence for the prosecution, before the defence began. The Lords retired to their own House to consider the question. The Chancellor took the side of Hastings. Lord Loughborough, who was now in opposition, supported the demand of the managers. The division showed which way the inclination of the tribunal leaned. A majority of near three to one decided in favour of the course for which Hastings contended.

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

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

The interest taken by the public in the trial was great when the Court began to sit, and rose to the height when Sheridan spoke on the charge relating to the Begums. From that time the excitement went down fast. The spectacle had lost the attraction of novelty. The great displays of rhetoric were over. What was behind was not of a nature to entice men of letters from their books in the morning, or to tempt ladies who had left the masquerade at two to be out of bed before eight There remained examinations and cross- examinations. There remained statements of accounts. There remained the reading of papers, filled with words unintelligible to English ears, with lacs and crores, zemindars and aumils, sunnuds and perwarmahs, jaghires and nuzzurs. There remained bickerings, not always carried on with the best taste or the best temper, between the managers of the impeachment and the counsel for the defence, particularly between Mr. Burke and Mr. Law. There remained the endless marches and counter-marches of the Peers between their House and the Hall: for as often as a point of law was to be discussed, their Lordships retired to discuss it apart; and the consequence was, as a Peer wittily said, that the judges walked and the trial stood still.

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

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

In truth, it is impossible to deny that impeachment, though it is a fine ceremony, and though it may have been useful in the seventeenth century, is not a proceeding from which much good can now be expected. Whatever confidence may be placed in the decision of the Peers on an appeal arising out of ordinary litigation, it is certain that no man has the least confidence in their impartiality, when a great public functionary, charged with a great state crime, is brought to their bar. They are all politicians. There is hardly one among them whose vote on an impeachment may not be confidently predicted before a witness has been examined; and, even if it were possible to rely on their justice, they would still be quite unfit to try such a cause as that of Hastings. They sit only during half the year. They have to transact much legislative and much judicial business. The law- lords, whose advice is required to guide the unlearned majority, are employed daily in administering justice elsewhere. It is impossible, therefore, that during a busy session, the Upper House should give more than a few days to an impeachment. To expect that their Lordships would give up partridge-shooting, in order to bring the greatest delinquent to speedy justice, or to relieve accused innocence by speedy acquittal, would be unreasonable indeed. A well-constituted tribunal, sitting regularly six days in the week, and nine hours in the day, would have brought the trial of Hastings to a close in less than three months. The Lords had not finished their work in seven years.

The result ceased to be matter of doubt, from the time when the Lords resolved that they would be guided by the rules of evidence which are received in the inferior courts of the realm. Those rules, it is well known, exclude much information which would be quite sufficient to determine the conduct of any reasonable man, in the most important transactions of private life. These rules, at every assizes, save scores of culprits whom judges, jury, and spectators, firmly believe to be guilty. But when those rules were rigidly applied to offences committed many years before, at the distance of many thousands of miles, conviction was, of course, out of the question. We do not blame the accused and his counsel for availing themselves of every legal advantage in order to obtain an acquittal. But it is clear that an acquittal so obtained cannot be pleaded in bar of the judgment of history.

Several attempts were made by the friends of Hastings to put a stop to the trial. In 1789 they proposed a vote of censure upon Burke, for some violent language which he had used respecting the death of Nuncomar and the connection between Hastings and Impey. Burke was then unpopular in the last degree both with the House and with the country. The asperity and indecency of some expressions which he had used during the debates on the Regency had annoyed even his warmest friends. The vote of censure was carried; and those who had moved it hoped that the managers would resign in disgust. Burke was deeply hurt. But his zeal for what he considered as the cause of justice and mercy triumphed over his personal feelings. He received the censure of the House with dignity and meekness, and declared that no personal mortification or humiliation should induce him to flinch from the sacred duty which he had undertaken.

In the following year the Parliament was dissolved; and the friends of Hastings entertained a hope that the new House of Commons might not be disposed to go on with the impeachment. They began by maintaining that the whole proceeding was terminated by the dissolution. Defeated on this point, they made a direct motion that the impeachment should be dropped; but they were defeated by the combined forces of the Government and the Opposition. It was, however, resolved that, for the sake of expedition, many of the articles should be withdrawn. In truth, had not some such measure been adopted, the trial would have lasted till the defendant was in his grave.

At length, in the spring of 1795, the decision was pronounced, near eight years after Hastings had been brought by the Sergeant- at-Arms of the Commons to the bar of the Lords. On the last day of this great procedure the public curiosity, long suspended, seemed to be revived. Anxiety about the judgment there could be none; for it had been fully ascertained that there was a great majority for the defendant. Nevertheless many wished to see the pageant, and the Hall was as much crowded as on the first day. But those who, having been present on the first day, now bore a part in the proceedings of the last, were few; and most of those few were altered men.

As Hastings himself said, the arraignment had taken place before one generation, and the judgment was pronounced by another. The spectator could not look at the woolsack, or at the red benches of the Peers, or at the green benches of the Commons, without seeing something that reminded him of the instability of all human things, of the instability of power and fame and life, of the more lamentable instability of friendship. The great seal was borne before Lord Loughborough, who, when the trial commenced, was a fierce opponent of Mr. Pitt's Government, and who was now a member of that Government, while Thurlow, who presided in the court when it first sat, estranged from all his old allies, sat scowling among the junior barons. Of about a hundred and sixty nobles who walked in the procession on the first day, sixty had been laid in their family vaults. Still more affecting must have been the sight of the managers' box. What had become of that fair fellowship, so closely bound together by public and private ties, so resplendent with every talent and accomplishment? It had been scattered by calamities more bitter than the bitterness of death. The great chiefs were still living, and still in the full vigour of their genius. But their friendship was at an end. It had been violently and publicly dissolved, with tears and stormy reproaches. If those men, once so dear to each other, were now compelled to meet for the purpose of managing the impeachment, they met as strangers whom public business had brought together, and behaved to each other with cold and distant civility. Burke had in his vortex whirled away Windham. Fox had been followed by Sheridan and Grey.

Only twenty-nine Peers voted. Of these only six found Hastings guilty on the charges relating to Cheyte Sing and to the Begums. On other charges, the majority in his favour was still greater. On some he was unanimously absolved. He was then called to the bar, was informed from the woolsack that the Lords had acquitted him, and was solemnly discharged. He bowed respectfully and retired.

We have said that the decision had been fully expected. It was also generally approved. At the commencement of the trial there had been a strong and indeed unreasonable feeling against Hastings. At the close of the trial there was a feeling equally strong and equally unreasonable in his favour. One cause of the change was, no doubt, what is commonly called the fickleness of the multitude, but what seems to us to be merely the general law of human nature. Both in individuals and in masses violent excitement is always followed by remission, and often by reaction. We are all inclined to depreciate whatever we have overpraised, and, on the other hand, to show undue indulgence where we have shown undue rigour. It was thus in the case of Hastings. The length of his trial, moreover, made him an object of compassion. It was thought, and not without reason, that, even if he was guilty, he was still an ill-used man, and that an impeachment of eight years was more than a sufficient punishment. It was also felt that, though, in the ordinary course of criminal law, a defendant is not allowed to set off his good actions against his crimes, a great political cause should be tried on different principles, and that a man who had governed an empire during thirteen years might have done some very reprehensible things, and yet might be on the whole deserving of rewards and honours rather than of fine and imprisonment. The press, an instrument neglected by the prosecutors, was used by Hastings and his friends with great effect. Every ship, too, that arrived from Madras or Bengal, brought a cuddy full of his admirers. Every gentleman from India spoke of the late Governor-General as having deserved better, and having been treated worse, than any man living. The effect of this testimony unanimously given by all persons who knew the East, was naturally very great. Retired members of the Indian services, civil and military, were settled in all corners of the kingdom. Each of them was, of course, in his own little circle, regarded as an oracle on an Indian question; and they were, with scarcely one exception, the zealous advocates of Hastings. It is to be added, that the numerous addresses to the late Governor-General, which his friends in Bengal obtained from the natives and transmitted to England, made a considerable impression. To these addresses we attach little or no importance. That Hastings was beloved by the people whom he governed is true; but the eulogies of pundits, zemindars, Mahommedan doctors, do not prove it to be true. For an English collector or judge would have found it easy to induce any native who could write to sign a panegyric on the most odious ruler that ever was in India. It was said that at Benares, the very place at which the acts set forth in the first article of impeachment had been committed, the natives had erected a temple to Hastings; and this story excited a strong sensation in England. Burke's observations on the apotheosis were admirable. He saw no reason for astonishment, he said, in the incident which had been represented as so striking. He knew something of the mythology of the Brahmins. He knew that as they worshipped some gods from love, so they worshipped others from fear. He knew that they erected shrines, not only to the benignant deities of light and plenty, but also to the fiends who preside over smallpox and murder; nor did he at all dispute the claim of Mr. Hastings to be admitted into such a Pantheon. This reply has always struck us as one of the finest that ever was made in Parliament. It is a grave and forcible argument, decorated by the most brilliant wit and fancy.

Hastings was, however, safe. But in everything except character, he would have been far better off if, when first impeached, he had at once pleaded guilty, and paid a fine of fifty thousand pounds. He was a ruined man. The legal expenses of his defence had been enormous. The expenses which did not appear in his attorney's bill were perhaps larger still. Great sums had been paid to Major Scott. Great sums had been laid out in bribing newspapers, rewarding pamphleteers, and circulating tracts. Burke, so early as 1790, declared in the House of Commons that twenty thousand pounds had been employed in corrupting the press. It is certain that no controversial weapon, from the gravest reasoning to the coarsest ribaldry, was left unemployed. Logan defended the accused Governor with great ability in prose. For the lovers of verse, the speeches of the managers were burlesqued in Simpkin's letters. It is, we are afraid, indisputable that Hastings stooped so low as to court the aid of that malignant and filthy baboon John Williams, who called himself Anthony Pasquin. It was necessary to subsidise such allies largely. The private boards of Mrs. Hastings had disappeared. It is said that the banker to whom they had been intrusted had failed. Still if Hastings had practised strict economy, he would, after all his losses, have had a moderate competence; but in the management of his private affairs he was imprudent. The dearest wish of his heart had always been to regain Daylesford. At length, in the very year in which his trial commenced, the wish was accomplished; and the domain, alienated more than seventy years before, returned to the descendant of its old lords. But the manor-house was a ruin; and the grounds round it had, during many years, been utterly neglected. Hastings proceeded to build, to plant, to form a sheet of water, to excavate a grotto; and, before he was dismissed from the bar of the House of Lords, he had expended more than forty thousand pounds in adorning his seat.

The general feeling both of the Directors and of the proprietors of the East India Company was that he had great claims on them, that his services to them had been eminent, and that his misfortunes had been the effect of his zeal for their interest. His friends in Leadenhall Street proposed to reimburse him the costs of his trial, and to settle on him an annuity of five thousand pounds a year. But the consent of the Board of Control was necessary; and at the head of the Board of Control was Mr. Dundas, who had himself been a party to the impeachment, who had, on, that account, been reviled with great bitterness by the adherents of Hastings, and who, therefore, was not in a very complying mood. He refused to consent to what the Directors suggested. The Directors remonstrated. A long controversy followed. Hastings, in the meantime, was reduced to such distress that he could hardly pay his weekly bills. At length a compromise was made. An annuity for life of four thousand pounds was settled on Hastings; and in order to enable him to meet pressing demands, he was to receive ten years' annuity in advance. The Company was also permitted to lend him fifty thousand pounds, to be repaid by instalments without interest. This relief, though given in the most absurd manner, was sufficient to enable the retired Governor to live in comfort, and even in luxury, if he had been a skilful manager. But he was careless and profuse, and was more than once under the necessity of applying to the Company for assistance, which was liberally given.

He had security and affluence, but not the power and dignity which, when he landed from India, he had reason to expect. He had then looked forward to a coronet, a red riband, a seat at the Council Board, an office at Whitehall. He was then only fifty- two, and might hope for many years of bodily and mental vigour. The case was widely different when he left the bar of the Lords. He was now too old a man to turn his mind to a new class of studies and duties. He had no chance of receiving any mark of royal favour while Mr. Pitt remained in power; and, when Mr. Pitt retired, Hastings was approaching his seventieth year.

Once, and only once, after his acquittal, he interfered in politics; and that interference was not much to his honour. In 1804 he exerted himself strenuously to prevent Mr. Addington, against whom Fox and Pitt had combined, from resigning the Treasury. It is difficult to believe that a man, so able and energetic as Hastings, can have thought that, when Bonaparte was at Boulogne with a great army, the defence of our island could safely be intrusted to a ministry which did not contain a single person whom flattery could describe as a great statesman. It is also certain that, on the important question which had raised Mr. Addington to power, and on which he differed from both Fox and Pitt, Hastings, as might have been expected, agreed with Fox and Pitt, and was decidedly opposed to Addington. Religious intolerance has never been the vice of the Indian service, and certainly was not the vice of Hastings. But Mr. Addington had treated him with marked favour. Fox had been a principal manager of the impeachment. To Pitt it was owing that there had been an impeachment; and Hastings, we fear, was on this occasion guided by personal considerations, rather than by a regard to the public interest.

The last twenty-four years of his life were chiefly passed at Daylesford. He amused himself with embellishing his grounds, riding fine Arab horses, fattening prize-cattle, and trying to rear Indian animals and vegetables in England. He sent for seeds of a very fine custard-apple, from the garden of what had once been his own villa, among the green hedgerows of Allipore. He tried also to naturalise in Worcestershire the delicious leechee, almost the only fruit of Bengal which deserves to be regretted even amidst the plenty of Covent Garden. The Mogul emperors, in the time of their greatness, had in vain attempted to introduce into Hindostan the goat of the table-land of Thibet, whose down supplies the looms of Cashmere with the materials of the finest shawls. Hastings tried, with no better fortune, to rear a breed at Daylesford; nor does he seem to have succeeded better with the cattle of Bootan, whose tails are in high esteem as the best fans for brushing away the mosquitoes.

Literature divided his attention with his conservatories and his menagerie. He had always loved books, and they were now necessary to him. Though not a poet, in any high sense of the word, he wrote neat and polished lines with great facility, and was fond of exercising this talent. Indeed, if we must speak out, he seems to have been more of a Trissotin than was to be expected from the powers of his mind, and from the great part which he had played in life. We are assured in these Memoirs that the first thing which he did in the morning was to write a copy of verses. Men the family and guests assembled, the poem made its appearance as regularly as the eggs and rolls; and Mr. Gleig requires us to believe that, if from any accident Hastings came to the breakfast-table without one of his charming performances in his hand, the omission was felt by all as a grievous disappointment. Tastes differ widely. For ourselves, we must say that, however good the breakfasts at Daylesford may have been,--and we are assured that the tea was of the most aromatic flavour, and that neither tongue nor venison-pasty was wanting,--we should have thought the reckoning high if we had been forced to earn our repast by listening every day to a new madrigal or sonnet composed by our host. We are glad, however, that Mr. Gleig has preserved this little feature of character, though we think it by no means a beauty. It is good to be often reminded of the inconsistency of human nature, and to learn to look without wonder or disgust on the weaknesses which are found in the strongest minds. Dionysius in old times, Frederic in the last century, with capacity and vigour equal to the conduct of the greatest affairs, united all the little vanities and affectations of provincial bluestockings. These great examples may console the admirers of Hastings for the affliction of seeing him reduced to the level of the Hayleys and Sewards.

When Hastings had passed many years in retirement, and had long outlived the common age of men, he again became for a short time an object of general attention. In 1813 the charter of the East India Company was renewed; and much discussion about Indian affairs took place in Parliament. It was determined to examine witnesses at the bar of the Commons; and Hastings was ordered to attend. He had appeared at that bar once before. It was when he read his answer to the charges which Burke had laid on the table. Since that time twenty-seven years had elapsed; public feeling had undergone a complete change; the nation had now forgotten his faults, and remembered only his services. The reappearance, too, of a man who had been among the most distinguished of a generation that had passed away, who now belonged to history, and who seemed to have risen from the dead, could not but produce a solemn and pathetic effect. The Commons received him with acclamations, ordered a chair to be set for him, and, when he retired, rose and uncovered. There were, indeed, a few who did not sympathise with the general feeling. One or two of the managers of the impeachment were present. They sate in the same seats which they had occupied when they had been thanked for the services which they had rendered in Westminster Hall: for, by the courtesy of the House, a member who has been thanked in his place is considered as having a right always to occupy that place. These gentlemen were not disposed to admit that they had employed several of the best years of their lives in persecuting an innocent man. They accordingly kept their seats, and pulled their hats over their brows; but the exceptions only made the prevailing enthusiasm more remarkable. The Lords received the old man with similar tokens of respect. The University of Oxford conferred on him the degree of Doctor of Laws; and, in the Sheldonian Theatre, the undergraduates welcomed him with tumultuous cheering.

These marks of public esteem were soon followed by marks of royal favour. Hastings was sworn of the Privy Council, and was admitted to a long private audience of the Prince Regent, who treated him very graciously. When the Emperor of Russia and the King of Prussia visited England, Hastings appeared in their train both at Oxford and in the Guildhall of London, and, though surrounded by a crowd of princes and great warriors, was everywhere received with marks of respect and admiration. He was presented by the Prince Regent both to Alexander and to Frederic William; and his Royal Highness went so far as to declare in public that honours far higher than a seat in the Privy Council were due, and would soon be paid, to the man who had saved the British dominions in Asia. Hastings now confidently expected a peerage; but, from some unexplained cause, he was again disappointed.

He lived about four years longer, in the enjoyment of good spirits, of faculties not impaired to any painful or degrading extent, and of health such as is rarely enjoyed by those who attain such an age. At length, on the twenty-second of August, 1818, in the eighty-sixth year of his age, he met death with the same tranquil and decorous fortitude which he had opposed to all the trials of his various and eventful life.

With all his faults,--and they were neither few nor small--only one cemetery was worthy to contain his remains. In that temple of silence and reconciliation where the enmities of twenty generations lie buried, in the Great Abbey which has during many ages afforded a quiet resting-place to those whose minds and bodies have been shattered by the contentions of the Great Hall, the dust of the illustrious accused should have mingled with the dust of the illustrious accusers. This was not to be. Yet the place of interment was not ill chosen. Behind the chancel of the parish church of Daylesford, in earth which already held the bones of many chiefs of the house of Hastings, was laid the coffin of the greatest man who has ever borne that ancient and widely extended name. On that very spot probably, four-score years before, the little Warren, meanly clad and scantily fed, had played with the children of ploughmen. Even then his young mind had revolved plans which might be called romantic. Yet, however romantic, it is not likely that they had been so strange as the truth. Not only had the poor orphan retrieved the fallen fortunes of his line--not only had he repurchased the old lands, and rebuilt the old dwelling--he had preserved and extended an empire. He had founded a polity. He had administered government and war with more than the capacity of Richelieu. He had patronised learning with the judicious liberality of Cosmo. He had been attacked by the most formidable combination of enemies that ever sought the destruction of a single victim; and over that combination, after a struggle of ten years, he had triumphed. He had at length gone down to his grave in the fulness of age, in peace, after so many troubles, in honour, after so much obloquy.

Those who look on his character without favour or malevolence will pronounce that, in the two great elements of all social virtue, in respect for the rights of others, and in sympathy for the sufferings of others, he was deficient. His principles were somewhat lax. His heart was somewhat hard. But though we cannot with truth describe him either as a righteous or as a merciful ruler, we cannot regard without admiration the amplitude and fertility of his intellect, his rare talents for command, for administration, and for controversy, his dauntless courage, his honourable poverty, his fervent zeal for the interests of the State, his noble equanimity, tried by both extremes of fortune, and never disturbed by either.

[THE END]
Thomas Babington Macaulay's essay: Warren Hastings

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