Critical and Historical Essays. Volume 3. Томас Бабингтон Маколей
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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