The Diary and Letters of Madame D'Arblay
Chapter 110 : had regularly performed) of a fixed annual tribute; or as Hastings contended, a mere f

had regularly performed) of a fixed annual tribute; or as Hastings contended, a mere feudal va.s.sal, bound to furnish aid when called upon by his over-lord. Pitt, as we have said, took the latter view, yet he gave his support to the charge on the ground that the fine imposed upon the Rajah of Benares was excessive., Upon the whole, it would appear that Hastings was acting within his rights in demanding an extraordinary subsidy from the Rajah but the enormous amount of the fine, and the harshness and in' dignity with which Cheyt Sing was treated, point to a determination on the part of the Governor-General to ruin a subject prince, with whom, moreover, it was known he had personal grounds of pique.

The deposition of Cheyt Sing was followed by an act on which was afterwards founded the most sensational of all the charges brought against Warren Hastings. Shuja-u-Dowlah, the Nawab Vizier of Oude, to whom Hastings had sold the Rohillas, died in 1775, and was succeeded by his son Asaph-u-Dowlah. At the time of his death Shuja-u-Dowlah was deeply in debt, both to his own army and to the Bengal Government. The treasure which he left was estimated at two millions sterling, but this vast sum of money and certain rich estates were appropriated by his mother and widow, the begums, or princesses, of Oude, under the pretence of a will which may possibly have existed, but was certainly never Produced. With this wealth at their disposal the begums enjoyed a practical independence of the new vizier, who was no match in energy and resolution for his mother and grandmother. A small portion, however, of the money was paid over to the vizier, on the understanding, guaranteed by the Bengal Government, that the begums should be left in undisturbed enjoyment of the remainder of their possessions. Hastings believed, and, it would seem, on good grounds, that the younger begum had busied herself actively in fomenting the insurrection which broke out upon the arrest of Cheyt Sing at Benares. He conceived a plan by which he might at once punish the rebellious princesses, and secure for the exchequer at Calcutta the arrears of debt due from the Government of Oude. He withdrew the guarantee, and urged the Vizier to seize upon the estates possessed by the begums.

Asaph-u-Dowlah came willingly into the arrangement, but, when it became necessary to act, his heart failed him. Hastings, however, was not to be trifled with. English troops were employed: the begums were closely confined in their palace at Fyzabad; and, to the lasting disgrace of Hastings, their personal attendants were starved and even tortured, until they consented to surrender their money and estates. Hastings's conduct in withdrawing the guarantee was not without justification ; the means which he suffered to be employed in carrying out his purpose, and for the employment of which he must be held primarily responsible, were utterly indefensible.

Page 93 Long before his return to England, the Governor-General's proceedings had engaged no little share of public attention in this country. In Parliament the attack was led by Burke and Fox;

Hastings's chief defender was one Major Scott, an Indian officer whom he had sent over to England as his agent in 1780, and who maintained his patron's cause by voice and pen, in Parliament and in the press, with far more energy than discretion. In 1784 Mrs.

Hastings arrived in England, bringing home with her, says Wraxall, "about 40,000 pounds, acquired without her husband's privity or approval;" and a year later her husband followed her, having resigned his Governor-Generals.h.i.+p. The fortune which he now possessed was moderate, his opportunities considered, and had been honourably acquired; for his motives had never been mercenary, and the money which he had wrung from Indian princes had invariably been applied to the service of the Company or the necessities of his administration. He was received with honour by the Directors and with favour by the Court. There was talk of a peerage for him, and he believed himself not only beyond danger, but in the direct road to reward and distinction. But all this was the calm which preceded the storm. The enemies of Hastings were active and bitterly in earnest, and they were receiving invaluable a.s.sistance from his old opponent in council, Francis, who had returned to England in 1781. In April, 1786, the charges, drawn up by Burke, were laid on the table of the House of Commons. The first charge, respecting the Rohilla war, was thrown out by the House, ministers siding with the accused.

But on the second charge, relating to the Rajah of Benares, the Prime Minister, Pitt, declared against Hastings on the ground that, although the Governor-General had the right to impose a fine upon his va.s.sal, the amount of the fine was excessive, and the motion was affirmed by a majority of forty votes. Early the next session, in February, 1787, Sheridan moved the third charge, touching the begums of Oude, in a speech which was p.r.o.nounced the most brilliant ever delivered in the House of Commons. The majority against Hastings was on this occasion increased to one hundred and seven, Pitt, as before, supporting the motion. Other charges of oppression and corruption were then gone into and affirmed, and in May, by order of the House, Burke formally impeached Warren Hastings of high crimes and misdemeanours at the bar of the House of Lords. The accused was admitted to bail, himself in 20,000 pounds, and two sureties in 10,000 pounds each.

The Committee of Management, elected by the Commons to conduct the impeachment, included Burke and Fox, Sheridan and Windham, and the trial was opened before the Lords, in Westminster Hall, on the 13th of February, 1788.

After two days occupied in reading the charges and the defendant's replies, Burke arose and opened the case for the prosecution in a speech full of eloquent exaggeration and honourable

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zeal in the cause of an oppressed people. He spoke during days, after which the Benares charge was brought forward by Fox and Grey (afterwards Earl Grey), the youngest of the managers, and that relating to the Begums by Adam and Sheridan. The court then adjourned to the next session. But it is unnecessary here to follow the details of this famous trial which "dragged its slow length along" for seven years. In the spring of 1795 Hastings was acquitted, by a large majority, on all counts; and, although his conduct had, in some particulars, been far from faultless, and the sincerity of his princ.i.p.al accusers was beyond question, his acquittal must be owned as just as it was honourable, especially when we remember that his action had been entirely uninfluenced by considerations of private advantage, that he had endured for so many anxious years the burden of an impeachment, that he was ruined in fortune by the expenses of the trial, and that his great services to his country had been left wholly without reward.

His poverty, however, was relieved by the Directors of the East India Company, who bestowed upon him a pension of 4,000 a year, and he pa.s.sed the remainder of his long life in honourable retirement. He died in 1818, his wife, to whom he was always devotedly attached, surviving him by a few Years.

The following section contains little besides the account of f.a.n.n.y's visits to Westminster Hall during the early days of the trial. One other event, however, it relates, of sorrowful significance to the diarist. By the death of Mrs. Delany, on the 11th of April, 17; she lost at once a dear and venerated friend, and her only occasional refuge from the odious tyranny of Court routine.-ED.]

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WESTMINSTER HALL AT THE OPENING OF THE HASTINGS TRIAL.

February 13th.

O what an interesting transaction does this day open! a day, indeed, of strong emotion to me, though all upon matters foreign to any immediate concern of my own--if anything may be called foreign that deeply interests us, merely because it is not personal.

The trial, so long impending, of Mr. Hastings, opened to-day.

The queen yesterday asked me if I wished to be present at the beginning, or had rather take another day. I was greatly obliged by her condescension, and preferred the opening. I thought it would give me a general view of the court, and the manner of proceeding, and that I might read hereafter the speeches and evidence. She then told me she had six tickets from Sir Peter Burrell, the grand chamberlain, for every day; that three were for his box, and three for his gallery. She asked me who I would go with, and promised me a box-ticket not only for myself, but my companion. Nor was this consideration all she showed me for she added, that as I might naturally wish for my father, she would have me send him my other ticket.

I thanked her very gratefully, and after dinner went to St.

Martin's-street; but all there was embarra.s.sing: my father could not go; he was averse to be present at the trial, and he was a little lame from a fall. In the end I sent an express to Hammersmith, to desire Charles(262) to come to me the next morning by eight o'clock. I was very sorry not to have my father, as he had been named by the queen; but I was glad to have Charles.

I told her majesty at night the step I had ventured to take, and she was perfectly content with it. "But I must trouble you," she said, "with Miss Gomme, who has no other way to go."

This morning the queen dispensed with all attendance from me after her first dressing, that I might haste away. Mrs.

Schwellenberg was fortunately well enough to take the whole duty, and the sweet queen not only hurried me off, but sent me some cakes from her own breakfast-table, that I might

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carry them, in my pocket, lest I should have no time for eating before I went.

Charles was not in time, but we all did well in the end We got to Westminster Hall between nine and ten O'clock; and, as I know my dear Susan, like my-self, was never at a trial, I will give some account of the place and arrangements'; and whether the description be new to her or old, my partial Fredy will not blame it.

The grand chamberlain's box Is in the centre of the upper end of the Hall: there we sat, Miss Gomme and myself, immediately behind the chair placed for Sir Peter Burrell. To the left, on the same level, were the green benches for the House of Commons, which occupied a third of the upper end of the Hall, and the whole of the left side: to the right of us, on the same level, was the grand chamberlain's gallery.

The right side of the Hall, opposite to the green benches for the commons, was appropriated to the peeresses and peers' daughters.

The bottom of the Hall contained the royal family's box and the lord high steward's, above which was a large gallery appointed for receiving company with peers' tickets.

A gallery also was run along the left side of the Hall, above the green benches, which is called the Duke of Newcastle's box, the centre of which was railed off into a separate apartment for the reception of the queen and four eldest princesses, who were then incog., not choosing to appear in state, and in their own box.

Along the right side of the Hall ran another gallery, over the seats of the peeresses, and this was divided into boxes for various people--the lord chamberlain, (not the great chamberlain,) the surveyor, architect, etc.

So much for all the raised buildings ; now for the disposition of the Hall itself, or ground. In the middle was placed a large table, and at the head of it the seat for the chancellor, and round it seats for the judges, the masters in chancery, the clerks, and all who belonged to the law; the upper end, and the right side of the room, was allotted to the peers in their robes; the left side to the bishops and archbishops.

Immediately below the great chamberlain's box was the place allotted for the prisoner. On his right side was a box for his own counsel, on his left the box for the managers, or committee, for the prosecution; and these three most important of all the divisions in the Hall were all directly adjoining to where I was seated.

Almost the moment I entered I was spoken to by a lady I

Page 97 did not recollect, but found afterwards to be Lady Claremont and this proved very agreeable, for she took Sir Peter's place: and said she would occupy it till he claimed it; and then, when just before me, she named to me all the order of the buildings, and all the company, pointing out every distinguished person, and most obligingly desiring me to ask her any questions I wanted to have solved, as she knew, she said, "all those creatures that filled the green benches, looking so little like gentlemen, and so much like hair-dressers," These were the Commons. In truth, she did the honours of the Hall to me with as much good nature and good breeding as if I had been a foreigner of distinction, to whom she had dedicated her time and attention. My acquaintance with her had been made formerly at Mrs. Vesey's.

The business did not begin till near twelve o'clock. The opening to the whole then took place, by the entrance of the managers of the prosecution; all the company were already long in their boxes or galleries. I shuddered, and drew Involuntarily back, when, as the doors were flung open, I saw Mr. Burke, as head of the committee, make his solemn entry. He held a scroll in his hand, and walked alone, his brow knit with corroding care and deep labouring thought,---a brow how different to that which had proved so alluring to my warmest admiration when first I met him!

so highly as he had been my favourite, so captivating as I had found his manners; and conversation in our first acquaintance, and so much as I had owed to his zeal and kindness to me and my affairs in its progress! How did I grieve to behold him now the cruel prosecutor (such to me he appeared) of an injured and innocent man!

Mr. Fox followed next, Mr. Sheridan, Mr. Windham, Messrs.

Anstruther, Grey, Adam, Michael Angelo Taylor, Pelham, Colonel North, Mr. Frederick Montagu, Sir Gilbert Elliot, General Burgoyne, Dudley Long, etc. They were all named over to me by Lady Claremont, or I should not have recollected even those of my acquaintance, from the shortness of my sight,

When the committee box was filled the House of Commons at large took their seats on their green benches, which stretched, as I have said, along the whole left side of the Hall, and, taking in a third of the upper end, joined to the great Chamberlain's box, from which nothing separated them but a Part.i.tion of about two feet in height.

Then began the procession, the clerks entering first, then

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the lawyers according to their rank, and the peers, bishops, and officers, all in their coronation robes; concluding with the princes of the blood,--Prince William, son to the Duke of Gloucester, coming first, then the Dukes of c.u.mberland, Gloucester, and York, then the Prince of Wales; and the whole ending by the chancellor, with his train borne. They then all took their seats.

WARREN HASTINGS APPEARS AT THE BAR.

A sergeant-at- arms arose, and commanded silence in court, on pain of imprisonment. Then some other officer, in a loud voice, called out, as well as I can recollect, words to this purpose:-- "Warren Hastings, esquire, come forth! Answer to the charges brought against you; save your bail, or forfeit your recognizance."

Indeed I trembled at these words, and hardly Could keep my place when I found Mr. Hastings was being brought to the bar. He came forth from some place immediately under the great chamberlain's box, and was preceded by Sir Francis Molyneux, gentleman-usher of the black rod; and at each side of him walked his bail, Messrs. Sulivan and Sumner.

The moment he came in sight, which was not for full ten minutes after his awful summons, he made a low bow to the chancellor and court facing him. I saw not his face, as he was directly under me. He moved on slowly, and, I think, supported between his two bails, to the opening of his own box; there, lower still, he bowed again; and then, advancing to the bar, he leant his hands upon it, and dropped on his knees; but a voice in the same minute proclaiming he had leave to rise, he stood up almost instantaneously, and a third time, profoundly bowed to the court.

What an awful moment this for such a man!--a man fallen from such height of power to a situation so humiliating--from the almost unlimited command of so large a part of the eastern World to be cast at the feet of his enemies, of the great tribunal of his country, and of the nation at large, a.s.sembled thus in a body to try and to judge him! Could even his prosecutors at that moment look on--and not shudder at least, if they did not blush?

The crier, I think it was, made, in a loud and hollow voice, a public proclamation, "That Warren Hastings, esquire, late governor-general of Bengal, was now on his trial for high

Page 99 crimes and misdemeanours, with which he was charged by the commons of Great Britain; and that all persons whatsoever who had aught to allege against him were now to stand forth."

A general silence followed, and the chancellor, Lord Thurlow, now made his speech. I will give it you to the best of my power from memory; the newspapers have printed it far less accurately than I have retained it, though I am by no means exact or secure.

THE LORD CHANCELLOR'S SPEECH.

Warren Hastings, you are now brought into this court to answer to the charge, brought against you by the knights, esquires, burgesses, and commons of Great Britain--charges now standing only as allegations, by them to be legally proved, or by you to be disproved. Bring forth your answer and defence, with that seriousness, respect, and truth, due to accusers so respectable.