Chapter 70

The zeal of Burke was still fiercer; but it was far purer. Men unable to understand the elevation of his mind, have tried to find out some discreditable motive for the vehemence and pertinacity which he showed on this occasion. But they have altogether failed. The idle story that he had some private slight to revenge has long been given up, even by the advocates of Hastings. Mr. Gleig supposes that Burke was actuated by party spirit, that he retained a bitter remembrance of the fall of the coalition, that he attributed that fall to the exertions of the East India interest, and that he considered Hastings as the head and the representative of that interest. This explanation seems to be sufficiently refuted by a reference to dates. The hostility of Burke to Hastings commenced long before the coalition; and lasted long after Burke had become a strenuous supporter of those by whom the coalition had been defeated. It began when Burke and Fox, closely allied together, were attacking the influence of the Crown, and calling for peace with the American republic. It continued till Burke, alienated from Fox, and loaded with the favours of the Crown, died, preaching a crusade against the French republic. We surely cannot attribute to the events of 1784 an enmity which began in 1781, and which retained undiminished force long after persons far more deeply implicated than Hastings in the events of 1784 had been cordially forgiven. And why should we look for any other explanation of Burke’s conduct than that which we find on the surface? The plain truth is that Hastings had committed some great crimes, and that the thought of those crimes made the blood of Burke boil in his veins. For Burke was a man in whom compassion for suffering, and hatred of injustice and tyranny, were as strong as in Las Casas or Clarkson. And although in him, as in Las Casas and in Clarkson, these noble feelings were alloyed with the infirmity which belongs to human nature, he is, like them, entitled to this great praise, that he devoted years of intense labour to the service of a people with whom he had neither blood nor language, neither religion nor manners in common, and from whom no requital, no thanks, no applause could be expected.

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

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

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

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

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

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

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

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

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

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

The general astonishment was the greater, because, only twenty-four hours before, the members on whom the minister could depend had received the usual notes from the Treasury, begging them to be in their places and to vote against Mr. Fox’s motion. It was asserted by Mr. Hastings, that, early on the morning of the very day on which the debate took place, Dundas called on Pitt, woke him, and was, closeted with him many hours. The result of this conference was a determination to give up the late Governor-General to the vengeance of the Opposition. It was impossible even for the most powerful minister to carry all his followers with him in so strange a course. Several persons high in office, the Attorney-General, Mr. Grenville, and Lord Mulgrave, divided against Mr. Pitt. But the devoted adherents who stood by the head of the Government without asking questions, were sufficiently numerous to turn the scale. A hundred and nineteen members voted for Mr. Fox’s motion; seventy-nine against it. Dundas silently followed Pitt.

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

Those suspicions, indeed, were such as it is painful to mention. The friends of Hastings, most of whom, it is to be observed, generally supported the administration, affirmed that the motive of Pitt and Dundas was jealousy. Hastings was personally a favourite with the King. He was the idol of the East India Company and of its servants. If he were absolved by the Commons, seated among the Lords, admitted to the Board of Control, closely allied with the strong-minded and imperious Thurlow, was it not almost certain that he would soon draw to himself the entire management of Eastern affairs?

Was it not possible that he might become a formidable rival in the Cabinet? It had probably got abroad that very singular communications had taken place between Thurlow and Major Scott, and that, if the First Lord of the Treasury was afraid to recommend Hastings for a peerage, the Chancellor was ready to take the responsibility of that step on himself. Of all ministers, Pitt was the least likely to submit with patience to such an encroachment on his functions. If the Commons impeached Hastings, all danger was at an end. The proceeding, however it might terminate, would probably last some years. In the meantime, the accused person would be excluded from honours and public employments, and could scarcely venture even to pay his duty at Court. Such were the motives attributed by a great part of the public to the young minister, whose ruling passion was generally believed to be avarice of power.

The prorogation soon interrupted the discussions respecting Hastings. In the following year, those discussions were resumed. The charge touching the spoliation of the Begums was brought forward by Sheridan, in a speech which was so imperfectly reported that it may be said to be wholly lost, but which was without doubt, the most elaborately brilliant of all the productions of his ingenious mind. The impression which it produced was such as has never been equalled. He sat down, not merely amidst cheering, but amidst the loud clapping of hands, in which the Lords below the bar and the strangers in the gallery joined. The excitement of the House was such that no other speaker could obtain a hearing; and the debate was adjourned. The ferment spread fast through the town. Within four and twenty hours, Sheridan was offered a thousand pounds for the copyright of the speech, if he would himself correct it for the press. The impression made by this remarkable display of eloquence on severe and experienced critics, whose discernment may be supposed to have been quickened by emulation, was deep and permanent. Mr. Windham, twenty years later, said that the speech deserved all its fame, and was, in spite of some faults of taste, such as were seldom wanting either in the literary or in the parliamentary performances of Sheridan, the finest that had been delivered within the memory of man. Mr. Fox, about the same time, being asked by the late Lord Holland what was the best speech ever made in the House of Commons, assigned the first place, without hesitation, to the great oration of Sheridan on the Oude charge.

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

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

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