Critical and Historical Essays - Volume 1 by Thomas Babbington Macaulay (christmas read aloud .TXT) 📕

principalities, Freebooters, sprung from low castes, and accustomed to menial employments, became mighty Rajahs. The Bonslas, at the head of a band of plunderers, occupied the vast region of Berar. The Guicowar, which is, being interpreted, the Herdsman, founded that dynasty which still reigns in Guzerat. The houses of Scindia and Holkar waxed great in Malwa. One adventurous captain made his nest on the impregnable rock of Gooti. Another became the lord of the thousand villages which are scattered among the green rice-fields of Tanjore.

That was the time throughout India of double government. The form and the power were everywhere separated. The Mussulman nabobs who had become sovereign princes, the Vizier in Oude, and the Nizam at Hyderabad, still called themselves the viceroys of the House of Tamerlane. In the same manner the Mahratta states, though really independent of each other, pretended to be members of one empire. They all acknowledged, by words and ceremonies, the supremacy of the heir of Sevajee, a roi faineant who chewed bang and toyed with dancing girls in a state prison at Sattara, and of his Peshwa or mayor of the palace, a great hereditary magistrate, who kept a court with kingly state at Poonah, and whose authority was obeyed in the spacious provinces of Aurungabad and Bejapoor.

Some months before wax was declared in Europe the Government of Bengal was alarmed by the news that a French adventurer, who passed for a man of quality, had arrived at Poonah. It was said that he had been received there with great distinction, that he had delivered to the Peshwa letters and presents from Louis the Sixteenth, and that a treaty, hostile to England, had been concluded between France and the Mahrattas.

Hastings immediately resolved to strike the first blow. The title of the Peshwa was not undisputed. A portion of the Mahratta nation was favourable to a pretender. The Governor General determined to espouse this pretender's interest, to move an army across the peninsula of India, and to form a close alliance with the chief of the house of Bonsla, who ruled Berar, and who, in power and dignity, was inferior to none of the Mahratta princes.

The army had marched, and the negotiations with Berar were in progress, when a letter from the English consul at Cairo brought the news that war had been proclaimed both in London and Paris. All the measures which the crisis required were adopted by Hastings without a moment's delay. The French factories in Bengal were seized. Orders were sent to Madras that Pondicherry should instantly be occupied. Near Calcutta works were thrown up which were thought to render the approach of a hostile force impossible. A maritime establishment was formed for the defence of the river. Nine new battalions of sepoys were raised, and a corps of native artillery was formed out of the hardy Lascars of the Bay of Bengal. Having made these arrangements, the Governor- General, with calm confidence, pronounced his presidency secure from all attack, unless the Mahrattas should march against it in conjunction with the French.

The expedition which Hastings had sent westward was not so speedily or completely successful as most of his undertakings. The commanding officer procrastinated. The authorities at Bombay blundered. But the Governor-General persevered. A new commander repaired the errors of his predecessor. Several brilliant actions spread the military renown of the English through regions where no European flag had ever been seen. It is probable that, if a new and more formidable danger had not compelled Hastings to change his whole policy, his plans respecting the Mahratta empire would have been carried into complete effect.

The authorities in England had wisely sent out to Bengal, as commander of the forces and member of the Council, one of the most distinguished soldiers of that time. Sir Eyre Coote had, many years before, been conspicuous among the founders of the British empire in the East. At the council of war which preceded the battle of Plassey, he earnestly recommended, in opposition to the majority, that daring course which, after some hesitation, was adopted, and which was crowned with such splendid success. He subsequently commanded in the south of India against the brave and unfortunate Lally, gained the decisive battle of Wandewash over the French and their native allies, took Pondicherry, and made the English power supreme in the Carnatic. Since those great exploits near twenty years had elapsed. Coote had no longer the bodily activity which he had shown in earlier days; nor was the vigour of his mind altogether unimpaired. He was capricious and fretful, and required much coaxing to keep him in good humour. It must, we fear, be added that the love of money had grown upon him, and that he thought more about his allowances, and less about his duties, than might have been expected from so eminent a member of so noble a profession. Still he was perhaps the ablest officer that was then to be found in the British army. Among the native soldiers his name was great and his influence unrivalled. Nor is he yet forgotten by them. Now and then a white-bearded old sepoy may still be found who loves to talk of Porto Novo and Pollilore. It is but a short time since one of those aged men came to present a memorial to an English officer, who holds one of the highest employments in India. A print of Coote hung in the room. The veteran recognised at once that face and figure which he had not seen for more than half a century, and, forgetting his salaam to the living, halted, drew himself up lifted his hand, and with solemn reverence paid his military obeisance to the dead.

Coote, though he did not, like Barwell, vote constantly with the Governor-General, was by no means inclined to join in systematic opposition, and on most questions concurred with Hastings, who did his best, by assiduous courtship, and by readily granting the most exorbitant allowances, to gratify the strongest passions of the old soldier.

It seemed likely at this time that a general reconciliation would put an end to the quarrels which had, during some years, weakened and disgraced the Government of Bengal. The dangers of the empire might well induce men of patriotic feeling-and of patriotic feeling neither Hastings nor Francis was destitute-to forget private enmities, and to co-operate heartily for the general good. Coote had never been concerned in faction. Wheler was thoroughly tired of it. Barwell had made an ample fortune, and, though he had promised that he would not leave Calcutta while his help was needed in Council, was most desirous to return to England, and exerted himself to promote an arrangement which would set him at liberty.

A compact was made, by which Francis agreed to desist from opposition, and Hastings engaged that the friends of Francis should be admitted to a fair share of the honours and emoluments of the service. During a few months after this treaty there was apparent harmony at the council-board.

Harmony, indeed, was never more necessary: for at this moment internal calamities, more formidable than war itself menaced Bengal. The authors of the Regulating Act Of 1773 had established two independent powers, the one judicial, and the other political; and, with a carelessness scandalously common in English legislation, had omitted to define the limits of either. The judges took advantage of the indistinctness, and attempted to draw to themselves supreme authority, not only within Calcutta. but through the whole of the great territory subject to the Presidency of Fort William. There are few Englishmen who will not admit that the English law, in spite of modern improvements, is neither so cheap nor so speedy as might be wished. Still, it is a system which has grown up among us. In some points it has been fashioned to suit our feelings; in others, it has gradually fashioned our feelings to suit itself. Even to its worst evils we are accustomed; and therefore, though we may complain of them, they do not strike us with the horror and dismay which would be produced by a new grievance of smaller severity. In India the case is widely different. English law, transplanted to that country, has all the vices from which we suffer here; it has them all in a far higher degree; and it has other vices, compared with which the worst vices from which we suffer are trifles. Dilatory here, it is far more dilatory in a land where the help of an interpreter is needed by every judge and by every advocate. Costly here, it is far more costly in a land into which the legal practitioners must be imported from an immense distance. All English labour in India, from the labour of the Governor-General and the Commander-in-Chief, down to that of a groom or a watchmaker, must be paid for at a higher rate than at home. No man will be banished, and banished to the torrid zone, for nothing. The rule holds good with respect to the legal profession. No English barrister will work, fifteen thousand miles from all his friends, with the thermometer at ninety-six in the shade, for the emoluments which will content him in chambers that overlook the Thames. Accordingly, the fees at Calcutta are about three times as great as the fees of Westminster Hall; and this, though the people of India are, beyond all comparison, poorer than the people of England. Yet the delay and the expense, grievous as they are, form the smallest part of the evil which English law, imported without modifications into India, could not fail to produce. The strongest feelings of our nature, honour, religion, female modesty, rose up against the innovation. Arrest on mesne process was the first step in most civil proceedings; and to a native of rank arrest was not merely 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 honourable 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 jurisdiction 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 the native