Critical and Historical Essays. Volume 3. Томас Бабингтон Маколей

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СКАЧАТЬ 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, СКАЧАТЬ