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

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