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enemy of Mohammed Reza Khân, and therefore offers to the Rohillas if they would give them likely to be active in procuring evidence against a free passage through their country to Oude. him. As to the uncle, there was the danger of The Rollillas temporized ; the vizîr exerted himhimself or his sons, as next heirs, practising against self to prevent that union, and, as Hafez Rahmut the life of the Nabob. The reasons for rejecting asserts, offered to give up the forty lacs of rupees; the mother do not appear.

and they finally united their troops with his and The other office, Dewan of the household, was the English, when they entered their country, to given to Rajah Goordass, the son of Nundcomar.

oppose the passage of the Ganges by the Marattas. The reason assigned was, their known enmity to No action, however, took place; and in May, the Mohammed Reza Khân. It was expected that state of their affairs in the Deckan obliged this his own probity, joined with the talent of his fa- people to return to their own country. ther, by whom it was known he would be influenced, In all these transactions little, if any, blame atthough it was hoped not controlled, would cause taches to the conduct of the Rohillas. But, as we him to perform the duties of the office in a credit- have already seen 1, their country had always been able manner 9.

an object of cupidity to the rulers of Oude. In a The emperor Shah Alum had, from the time that meeting between the vizîr and Mr. Hastings at Clive had made the arrangement with him, been Benares, in the month of September, the former most anxious to prevail on the English to convey asked for an English force to put him in posseshim to Delhi, and replace him on the throne of his sion of the Rohilla country. In this project he ancestors. Unable to prevail on them, he had lis- was actually encouraged by the latter; and it was tened to the overtures of the Maratta chiefs Tûkajee finally arranged that he should bear all the exHolkar, Madhajee Sindia, and Kishn Visajee, whom penses of the English troops which should be given the Peishwa had sent with a large force into Hin- him, and pay the Company forty lacs of rupees on dûstan, in order to recover the influence lost at the the accomplishment of the enterprise. battle of Pânîput, and to punish the Rohillas for In his own account of this transaction, Mr. Hastheir share in that event. They of course exacted tings never says one word of its justice or the conhard conditions for their services; the emperor trary; he only speaks of expediency. The vizîr, had no alternative but to submit, and on the 25th he says, was the only useful ally of the Company ; December, 1771, he made his entrance into Delhi. the acquisition of the Rohilla country would be The Marattas, having suffered him to remain there very beneficial to him and the Company; and he only a few days, hurried him into the field, and dwells on the advantage of getting forty lacs of their united force entered the nearest part of the rupees, and having a large portion of their army Rohilla territory, Seheranpûr, the jagheer of the supported at the expense of their ally. When late minister, Nujub-ud-Dowlah, and which was writing an account of this Benâres treaty (the now held by his son, Zabita Khân. This chief, whole of which we have not yet seen), he says, “ I though he made a spirited defence, was defeated am not apt to attribute a large share of merit to and forced to fly to the camp of Shujah-ud-Dowlah, my own actions ; but I own that this is one of the and his country was ravaged by the Marattas, who, few to which I can, with confidence, affix my own regardless of their ally, kept all the plunder to approbation.” themselves. The principal remaining Sirdar (chief) The remaining part of the treaty related to the of the Rohillas now was Hafez Rahmut Khân ; emperor. On the pretext of his having joined the and through him an agreement was formed with enemies of the Company, and given to them the Shujah-ud-Dowlah, by which, on the Rohillas en- provinces which had been assigned him, they were gaging to pay him forty lacs of rupees, he under- resumed, and were given to the vizîr for fifty lacs took to cause the Marattas to retire from their of rupees, twenty to be paid down, and the recountry. Of these lacs Hafez paid five; and as mainder in two equal annual instalments. On the the Marattas soon after retired of their own accord application of the emperor for the arrears of his on account of the rains, he demanded that the bond tribute, and his demand of punctual payment in should be cancelled; but the vizîr still retained future, Mr. Hastings' reply was, that he “would it. In all these transactions Sir Robert Barker not consent to let a rupee pass out of Bengal, till acted a prominent part, with the approbation of it had recovered from its distresses, which had the government of Calcutta.

been principally occasioned by the vast drains that The emperor had returned to Delhi, highly dis- had been made of its specie, for his remittances ;" gusted with his allies. On his refusal to comply in other words, that he should get nothing more with some more of their demands, they invested from the Company. Delhi, and on the 22nd December, 1772, about a No act more flagrantly unjust than this is to be year from the time they had put him into posses- found in history. The emperor's right to confer sion of it, he was forced to surrender it to their the dewannee, and other advantages acquired for arms. He became now a mere instrument in their the Company, was undoubted, and the annual sum. hands, and the first use they made of their power which he was to receive was their own offer. was to force him to cede to them the provinces of There was no condition made with him that he Allahabad and Corah.

should not attempt to regain possession of his The Marattas now prepared to cross the Ganges paternal dominions; and though the Company and enter Rohilcund again; and they made great might consider the Marattas dangerous, they were

not, properly speaking, their enemies. As to his 9 Some members of the Council objected to this appoint

cession of the provinces, it was well known to have A. D. 1774.

been an act of compulsion; and from the specimen ment, on account of the political character of Nundcomar.

he had had of the Marattas, there was little likeliHastings, in reply, asserted that it was without blemish,

though," he adds, “he will not take on him to vindicate his moral character."

I See above, p. 46.

EXTERMINATION OF ROHILLAS.

103

vernor.

hood of his again seeking their friendship, and as his barbarous treatment, not only of the Rohillas, the vizîr was unable to defend his own dominions but of the innocent Hindoo cultivators, were shockwithout the help of the English, they might as ing to humanity 2. well defend the two provinces for the descendant The army shortly after marched to Bissouly, in of Timûr as for him. But even granting a political the centre of the Rohilla country, where they necessity in this matter, the refusal of the tribute found the emperor's general, Nujuf Khân, with his was robbery and breach of faith. Still the whole army. As the country might now be regarded as of the guilt must not fall on Hastings, who in this, conquered, and as the emperor had performed his as in so many other points, only carried out the part of the treaty, though the rapidity of the Engwishes of his masters, who had long been watching lish had prevented his sharing in the conquest, for a pretext to stop the payment of the tribute. Nujuf Khân demanded for him his share of the On the 11th November, 1768, they had written country and of the plunder. The vizîr was unable out, “ If the emperor flings himself into the hands to deny the treaty ; but positive orders came from of the Marattas, or any other power, we are dis- Calcutta to the English commander, to support engaged from him, and it may open a fair oppor- him in the violation of it; and of course it was set tunity of withholding the twenty-six lacs we now at nought. pay him.". And on the treaty of Benares they A Rohilla chief, named Fyzoola Khân, was still bestowed their entire approbation.

in arms at the foot of the mountains. He sent, Another point arranged with the vizîr in the offering to hold his district as a renter from the Benares conference was, the appointment of a vizîr ; but the latter positively declared that he civil agent to reside at his court and be the me- would suffer no Rohilla chief to remain beyond the dium of communication between him and the go- Ganges. The army was then put in motion to

This task had hitherto been usually attack him ; but when they came near to where he executed by the military officer on the spot, but it was posted, the vizîr, from some unexplained reawas a part of Hastings policy to raise the civil son, became anxious for accommodation. After a over the military power. The first resident, as good deal of negotiation, it was agreed that Fyzoola these agents were called, at the court of the Vizîr Khân should surrender one half of his effects to was Mr. Nathaniel Middleton, and he was directed the vizîr, and receive in return a jagheer of nearly to communicate secretly with the governor.

fifteen lacs of rupees in Rohilcund. The vizir did not seem inclined to attack the Rohillas at once. He advanced towards Delhi, and assisted the emperor in taking Agra from the Jâts, gave him some money, and finally concluded a treaty by which the troops of the emperor were

CHAPTER XV. to join him against the Rohillas, and he was in return to have a share of the plunder, and half the

Arrival of Members of Council-Quarrels with Hastings. conquered country.

Death of the Vizir--Abrogation of Treaty-Charges against In November the vizîr unexpectedly called on

Hastings-His Conduct--- Execution of Nundcomar for the president for the promised aid. Hastings had Forgery Death of Col. Monson-Hastings' tendered some difficulty in obtaining the assent of his col- Resignation--His Exercise of Power-Reconciliation with leagues; but in January, 1774, the second brigade Francis-Monstrous Pretensions of the Supreme Court received orders to join the vizir; in February Col. Appointment of the Chief-Justice to a new office-Duel Champion came and took the command of it, and between Hastings and Francis. it entered the territory of Oude, and on the 17th of April the allied forces entered the Rohilla

On the 14th October, the vessel carrying the new country. On the 19th, Col. Champion wrote to

members of council and the judges of the Supreme the president, stating that the Rohilla chiefs were

Court anchored in the Hooghly. Mr. Hastings most anxious for accommodation, but that the de- immediately sent the second member of council to mands of the vizîr had now risen to two crores of congratulate them on their safe arrival. They

landed at Calcutta on the 19th, under a salute from rupees ! Aware now that arms, not equity, must decide

the batteries, and were conducted by an officer of their fate, the Rohillas prepared for action. On

the governor's staff to his private residence, where the morning of the 23rd, the English advanced to

all the members of the government were assembled the attack. Col. Champion, as a generous enemy,

to receive them. But courtesies of this kind had bestows the highest praise on the desperate valour

little effect on the minds of those to whom they and even the military skill displayed by the Ro

were shown. The men whom Parliament in its hillas and their leaders. But valour was unavail

wisdom (that is, the favour of the minister) had ing; and after a severe contest of nearly three

selected to regulate the affairs of an empire, had hours, they fled, leaving 2000 slain, including many

remarked on their landing that the batteries had Sirdars, among whom were the gallant Hafez Rali

fired only seventeen, instead of twenty-one guns, mut and one of his sons. The doughty vizîr, it and that no guard of honour had met them on the will easily be believed, had no share in this vic

beach; and they showed much real or affected tory. He had even refused to lend some of his indignation. cannon, and broke his promise of being at hand with his cavalry. But when the victory was gained,

2 In the correspondence between Hastings and the vizîr

in 1773, there occur these terms, thoroughly exterminate the and plunder was in prospect, then his troops put

Rohillas, and exterminate them out of the country. Mill forth their activity, and, says Col. Champion, "We

takes the word exterminate in its ordinary English sense, of had the honour of the day, and these banditti the

destroy; while Wilson would take it in its (algebraic) sense, profit.” According to the same authority, the ex

of remove, drive away. The former seems to us the more cesses committed by the vizir and his troops, and natural sense.

1

Next morning a council was held, and the com- Mr. Bristow, whom they had sent to replace Mr. mission and the Company's letter were read. The Middleton, they forced a new treaty on Asof-udlatter strongly inculcated unanimity and concord dowlah. By this the Company were to guarantee among the members of the government; it also him Corah and Allahabâd, and he in return was to directed that past abuses and oppressions should cede to them the territory of Benares, held by be inquired into, and their recurrence be prevented. Rajah Cheit Sing, raise the allowance to their It would seem that the three new members con- troops to 260,000 rupees a month, and pay all the ceived their chief business to be to listen to all money due by his late father. Mr. Hastings rekinds of charges from all quarters against the fused to concur in these terms, as in themselves governor-general, and to be at concord only among unjust, and beyond the power of Azof-ud-dowlah themselves, and to unite in showing him neither to fulfil. The Directors, in their first letter on the favour nor justice.. At least so we might infer subject, disapproved of the conduct of the council, from their conduct ; and henceforth we shall have holding their engagements with Shujah-ud-dowlah to contemplate acts and scenes discreditable to the to be permanent. But in their second, after they English name.

had heard of the increase of revenue, and of pay They would fain have set about their self- of the troops, they signified their entire approbation imposed task at once ; but on Hastings' observing of the treaty that had been concluded. In fact, at that Mr. Barwell was at some distance, they this time, the Directors were sure to approve of agreed to wait till the 25th for his return. On every measure, however unjust, that brought that day was read a minute of the governor's, giv- money to their treasury. ing a view of his policy and conduct since the time Every one who could frame a charge of any naof his appointment. They denounced the treaty ture against the governor-general met with favour of Benares as impolitic, and the war not only so, from the majority, who received all sorts of perbut unjust. But to understand the inatter clearly, sous for this purpose at their private residences. they required the whole of Mr. Middleton's cor- Thither then repaired discontented or place-seeking respondence to be laid before them. This Hastings Englishmen, and crafty natives, especially Nundrefused, as that correspondence having been se- comar; and charges of peculation soon began to cret, it must have contained many other matters be brought forward. The first accusation came which it would not have been honourable, or per- from the Ranee of Burdwân, the widow of the rahaps even safe, to make public ; but he offered jah who had held the zemindary of that district. to produce every part of it that related to the Her son, a minor, had been at first left under her subject under consideration, Not content with guardianship, but he had afterwards been withexpressing their indignation and hinting their drawn from it, and the affairs of the zemindary suspicions, the majority, as we shall henceforth were managed by persons appointed by the Engcall the three, voted Middleton's immediate recall. lish. She now accused the Dewan of corruption,

It might be supposed, that men who had so and Mr. Graham, the resident, of supporting him peremptorily pronounced on the injustice of the for the sake of the bribes which he obtained from Rohilla war, would have been anxious to obliterate him. The majority resolved that the Dewan the disgrace of the British name, to cause the should be removed, at least for a time, and that innocent Rohillas to be restored to their country, the Ranee should, as she desired, be allowed to and to force the vizîr to make them some com- come to Calcutta with her son. Hastings and pensation. But their justice and humanity were Barwell opposed these measures, as unjust or unof a different kind; and it sufficed them if they necessary. Mr. Graham made an indignant reply. could blacken the governor's character. They Among other things, he showed that he had left forthwith wrote, without knowing whether the war Burdwân six weeks after the rajah's death, an was ended or not, to Col. Champion, who was to event antedated three years by the Ranee, for the take Middleton's place for the present, to insist on sake of making out a case against him. He also immediate payment of the forty lacs, the price of required that the Ranee should give security to the extermination of the Rohillas, and of all other pay an equivalent penalty, in case she failed to sums due by the vizîr on other accounts.

establish her charges. This was a law or usage of also to lead his troops, within fourteen days, into the country, in order to put a check to false or caOude ; and in case of the vizîr's not complying lumnious accusations. The majority, however, with his demands, to withdraw from him, and would not impose it. A variety of accounts were enter the Company's territories. Hastings re- presented, in which were entered various sums monstrated, but of course in vain, against these paid by the Dewan to the servants of the Commeasures, as precipitate, and dangerous to the pany, among which was a petty sum of 1500 rupees Company's interests.

to Mr. Hastings himself! The whole amounted In the beginning of 1775 the vizîr died, and was to upwards of nine lacs ; but nothing could be succeeded as Sûbahdâr of Oude by his son, who proved. took the title of Asof-ud-dowlah, to whom also, This charge having failed, a new one was brought after some delay, the emperor granted the office of forward. A statement was made by a native, that vizîr. In public treaties it is generally under- the foujdar of Hooghly was paid by the Company stood, that they are to be of a permanent charac- 72,000 rupees a year, and that out of this he ter, and not to depend on the life of the persons annually paid the governor 36,000, and his native making them; those therefore made with Shujah- secretary 4000, having only 32,000 for himself ud-dowlah should in justice extend to his successor. for which sum the accuser would undertake to do But the majority took a different view. They the duties of the office, and thus save the Company maintained, that all engagements with the late 40,000 rupees a year, of which they were now Sûbahdar were personal, and that the present one defrauded by Mr. Hastings. The motives of this must make new terms for himself; and through person are tolerably clear ; yet the majority went

He was

و

A. D, 1775.

CHARGES AGAINST HASTINGS.

105

mari.

into the case. The foujdar having objected to be return to her service; and Mr. Grant declared sworn, which Hindoos of high caste regard as a himself willing to swear that similar attempts had degradation, he was held to be guilty, and dis- been made on himself. The majority, Hastings missed, and the office was given to another--not, and Barwell in vain opposing, determined to send however, the accuser-at 36,000 rupees a year. Mr. Goring to investigate the conduct of the Be

Any one, we are persuaded, who considers the gum, whose power was meanwhile to be withdrawn preceding conduct of the majority, must feel that from her and committed to Rajah Goordass. The it was malignity toward Hastings, and not a love instructions to Mr. Goring were, to receive from of justice, that actuated them. This was certainly the Begum all the accounts of the Nizâmut for the Hastings' own feeling ; he viewed them as his ene- last eight years, and deliver them to gentlemen mies and his accusers, and would not allow them who were to examine and report on them to the to be his judges. He denied their right, sitting in Board. This might be expected to occupy some council and in his presence, to receive charges time ; but he reached Moorshedabâd on the 20th against him, and asserted that he would not lower May, and on the 22nd he sent to Calcutta memothe dignity of his office by answering charges made randums of payments to Hastings and others, by any one who chose to come before them. If obtained, as it seems, by intimidation, and with a they wanted to inquire into his conduct, let them view to the inculpation of Hastings. In these it resolve themselves into a committee, and then lay was stated that 1,50,000 rupees had been given to the charges before the Supreme Court or the Di- the governor, as entertainment money, when he rectors. And he declared his resolution to dissolve went to Moorshedabad, in 1772, and a similar sum the council as soon as they should enter on any to Mr. Middleton. The latter, we may here obinquiry relating to himself. This he always did, serve, was never denied; the former Mr. Hastings, and he and Mr. Barwell retired ; but the majority at a subsequent period, acknowledged and atthen voted Gen. Clavering into the chair and pro- tempted to justify 3. ceeded.

The prime mover in all this business, as we may On the 11th March, Mr. Francis stated to the see, was Nundcomar. Him Hastings regarded as Board that he had been waited on that morning his deadly enemy, and him, he owns 4, he hated by Nundcomar, who had delivered him a paper above all men living. We must therefore be which he requested him to lay before them. He cautious in examining every thing relating to this did not think, he added, that he had a right to refuse a person of Nundcomar's rank. As to the In the month of April an indictment was precontents of the paper, he knew them not, but had ferred against Nundcomar, and Messrs. Joseph and a suspicion that it contained charges against the Francis Fowke, in the Supreme Court, at the ingovernor of taking bribes from himself and from stance of Mr. Hastings, Mr. Barwell, Mr. G. VanMunnee Begum. Some days after, another paper sittart, Mr. Hastings banyan, and the Roy Royan from Nundcomar was presented; and Monson then of Calcutta, for a conspiracy, to force a man named moved that he should be called before them to Cummål-ud-dîn to write a petition against them. substantiate his charge. Hastings refused in very After the examination before the judges, Mr. F. strong terms, and lie dwelt indignantly on the un- Fowke was discharged, and Nundcomar and Mr. worthy conduct of Francis. He said he had ex- J. Fowke were held to bail, at the suit of Mr. Haspected this attack; for he had seen a paper con- tings and Mr. Vansittart, the other parties having taining many accusations against him, which he withdrawn their names. On the following day the was told had been carried to Col. Monson by Nund- majority paid Nundcomar a visit of ceremony. comar, who had been some hours in private with A few days after (May 6) Nundcomar was arhim, explaining the charges. Monson denied rested, on a charge of forgery, at the suit of a nahaving seen any paper containing charges against tive named Mohun Persâd, and committed to the the governor-general (perhaps he meant he had common gaol, notwithstanding his wealth, his rank, not read such a paper); but he made no reply to and his being a Brahmin by caste. The majority, the charge of the private interview. The motion, of course, declared on his side ; and while he lay however, was carried of course; Hastings and in prison, as we have seen, they promoted his son Barwell retired ; Nundcomar was then examined, Goordass. He was brought to trial, tried by a and a resolution was passed, that Hastings had jury of Englishımen, found guilty, and sentenced to received 3,54,000 rupees, which of right belonged be hanged. None of the natives, however, had the to the Company; and by another resolution he slightest idea that the sentence would be carried was called on to refund them. Hastings refused into execution. The fatal day (Aug. 5) at length to receive or answer these resolutions; and it arrived, and there was no reprieve. Nundcomar was then resolved that the proceedings should be transmitted to the Company's attorney, to consult that the Act of Parliament prohibiting the receipt of precounsel how to proceed for the recovery of the

sents had not been passed at that time; that it was the cusmoney.

tom of the country, and that the Nabob, when he visited The facts of the case were these. After Nund

Calcutta, received one thousand rupees a day on this accomar had opened the business, as above related, count; that he added nothing to his fortune by it, and must Mr. Grant, accountant to the council at Moorshe- have charged the Company as large a sum if he had not dabâd, sent some accounts which he said he had received it. This, however, was two thousand rupees a day received from a native who had been a clerk in

for the time he was at Moorshedabad; but Hastings was

notorious for want of economy in his own affairs, and did the Nabob's treasury, from which it appeared that

not look closely after the expenditure of those about him. Munnee Begum had received 9,67,963 rupees more

Mr. Wilson (Mill, iii. 635), if we rightly understand him, than she had accounted for. The clerk, when

says that this money "was acknowledged, and carried to examined, stated that her head-eunuch had endeavoured to induce him to restore the papers and 4 See his letter in Gleig.

3 In his Defence before the House of Lords. He said

account."

took a solemn leave of his friends, and then occu- the chief justice, who was Hastings' school-fellow pied himself writing notes and examining accounts. and friend, acts with extreme rigour; Hastings He mounted the palankeen which was to convey who had power to respite, declines to exercise it, him to the place of execution, and ascended the and rather submits to lie under the imputation of steps of the scaffold with the utmost firmness, in removing in this manner a dangerous witness, and the presence of an immense crowd. When all was of thus deterring others from appearing against ready the drop fell, and Nundcomar soon ceased to him. The very circumstance of the prisoner exist. The Hindoos uttered a wild and piercing being his enemy would, we think, have caused a cry, and fled from the spot; and none remained man of generous feelings to make every effort to but the officers of justice, and a few Brahmins, save his life 6. who were to take charge of the body.

As to the majority, who certainly must have The execution of Nundcomar, it is well known, had the power to prevent the execution of the senwas the subject of much discussion, and even of tence, we fear that we must agree with Hastings' a parliamentary impeachment, where Mr. Burke

where Mr. Burke | biographer, in suspecting that they let Nundcomar did not hesitate to assert that Mr. Hastings had | perish, in order to have a charge against Hasmurdered him by the hands of Sir Elijah Impey. tings. We will, therefore, dwell a little on the subject. Charges, now that Nundcomar was gone, ceased

The crime for which Nundcomar suffered, was to come in against the governor-general. By an unknown as a capital offence to either Hindoo or order of the Court of Directors, Mohammed Reza Mohammedan laws. The act with which lie was

Khân was appointed to the offices held by Goorcharged took place in 1770, and the supreme dass, and the latter was made Roy Royan. The court with its powers was not created till 1774, Directors also censured Hastings for allowing his he, therefore, it would appear, suffered on an banyan to farm several districts in Bengal, conex post facto law. Further, the law making forgery trary to the finance regulations of 1772. His decapital, did not extend to India, as the colonies fence was, that he himself had no share in the are never included unless expressly named in the profits, of which, in fact, there were little or none7. statute, and one Indian for an offence against The plan which had been devised for collecting another Indian should have been tried by a the revenue had proved a failure; the produce native tribunal. Such were the arguments of was not what had been anticipated, for the farmers those who asserted the injustice of the sentence ; in general had contracted for more than they were to which it was replied by Sir Elijah Impey, that able to pay. Angry debates, of course, took place Nundcomar, by making Calcutta his residence, in the Council. Hastings then proposed that each was amenable to English law, and that the doc- member should devise à plan, to be forwarded to trine was false of a penal statute not extending to the Directors, That of himself and Mr. Barwell a cclony not named in it ; that natives had hitherto been subject to, and tried by English law in the

other papers to the Supreme Court, on whose very first courts of Calcutta, and that ignorance of the law

sitting of oyer and terminer the indictment was prepared is no excuse for the breach of it. As to this last

and tried. This would, indeed, exonerate Hastings comargument, we may observe, that nothing but nar- pletely; but is it not most strange, that neither he himself row-minded legal pedantry would cause any man nor any of his defenders should have noticed the circumto make use of it; the preceding one has more stance? Mill, Gleig, and Thornton, seem all equally igno

rant of it. apparent weight ; for owing to an omission in the charter of justice granted in 1753, the company's

6 It is said, no doubt, that he could not interfere with the servants had sometimes extended the penalties of proceedings of the Supreme Court; but he showed in a sub

sequent case that he could, and would interfere. English law to natives, and one native had not

It is a remarkable trait in Hastings' charucter, that he long before been tried and convicted of forgery

never seems to have been conscious of acting wrong. This and sentenced to death by the mayor's court, but

may, as is asserted, have proceeded from his enormous selfhe had been recommended to mercy and pardoned.

esteem ; but he appears also to have helů, that whatever On the whole, by the mere letter of the law, the law allows is right. The circumstances of his marriage court that condemned Nundcomar was not to seem to show this. In the ship in which he sailed to India, blame. By this alone the judges, who were mere in 1769, there was as a passenger a German baron, named lawyers, were guided ; the spirit of the law, and Imhoff, who was going out as a portrait painter to Madras. the principles of equity, seem to have been un- He was accompanied by his wife, a very attractive young known to them; and when the counsel for the

woman, and by whose charms Hastings was captivated.

She attended him in an illness on board. The intimacy prisoner asked the foreman of the jury to join in

was continued at Madras; they accompanied him to Benan application to the judges for mercy, the chief

gal. There is no reason to suppose there was any thing justice censured him severely in open court.

improper between Hastings and the baroness; but all this On Hastings this event has cast a shade of sus

time, a suit for a divorce was going on in the courts of picion which, perhaps, will never be dispelled. Franconia; and when it was obtained, Hastings married Nundcomar was his accuser; he had instituted the lady, taking also her three children, and in the words of legal proceedings against him, which were likely the gentle biographer, "the baron returned to his native to fail; when a native, who could hardly be sup- country a richer man than he ever could have hoped to posed to know or admire English law, charges him

become, by the mere exercise of his skill as a painter;' with an offence committed some years before 6;

i.e. he sold his wife, almost like the former Smithfield sales of wives. It is worthy of remark, that Hastings was the

most affectionate of husbands, and that their union was 5 Mr. Wilson, however, says that proceedings had been eminently happy. He acted like a father to her children. commenced by Mohammed Persâd, in the Dewannee 7 Mr. Wilson says he needed to make no defence, as it Adawlut, and Nundcomar had been confined, but was libe- was collectors that were mentioned (see p. 101), and he was rated by Hastings; the forged instrument had been depo- no collector. But surely he acted against the spirit of the sited in the mayor's court, and was transferred with all its

law.

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