Critical and Historical Essays, Volume III (of 3)

by Baron Thomas Babington Macaulay Macaulay

When the debate was resumed, the tide ran so strongly against the accused that his friends were coughed and scraped down. Pitt declared himself for Sheridan's motion; and the question was carried by a hundred and seventy-five votes against sixty-eight.

The Opposition, flushed with victory and strongly supported by the public sympathy, proceeded to bring forward a succession of charges relating chiefly to pecuniary transactions. The friends of Hastings were discouraged, and, having now no hope of being able to avert an impeachment, were not very strenuous in their exertions. At length the House, having agreed to twenty articles of charge, directed Burke to go before the Lords, and to impeach the late Governor-General of High Crimes and Misdemeanors. Hastings was at the same time arrested by the Sergeant-at-arms, and carried to the bar of the Peers.

The session was now within ten days of its close. It was, therefore, impossible that any progress could be made in the trial till the next year. Hastings was admitted to bail; and further proceedings were postponed till the Houses should reassemble.

When Parliament met in the following winter, the Commons proceeded to elect a committee for managing the impeachment. Burke stood at the head; and with him were associated most of the leading members of the Opposition. But when the name of Francis was read a fierce contention arose. It was said that Francis and Hastings were notoriously on bad terms, that they had been at feud during many years, that on one occasion their mutual aversion had impelled them to seek each other's lives, and that it would be improper and indelicate to select a private enemy to be a public accuser. It was urged on the other side with great force, particularly by Mr. Windham, that impartiality, though the first duty of a judge, had never been reckoned among the qualities of an advocate; that in the ordinary administration of criminal justice among the English, the aggrieved party, the very last person who ought to be admitted into the jury-box, is the prosecutor; that what was wanted in a manager was, not that he should be free from bias, but that he should be able, well informed, energetic, and active. The ability and information of Francis were admitted; and the very animosity with which he was reproached, whether a virtue or a vice, was at least a pledge for his energy and activity. It seems difficult to refute these arguments. But the inveterate hatred borne by Francis to Hastings had excited general disgust. The House decided that Francis should not be a manager. Pitt voted with the majority, Dundas with the minority.

In the meantime, the preparations for the trial had proceeded rapidly; and on the thirteenth of February, 1788, the sittings of the Court commenced. There have been spectacles more dazzling to the eye, more gorgeous with jewelry and cloth of gold, more attractive to grown-up children, than that which was then exhibited at Westminster; but, perhaps, there never was a spectacle so well calculated to strike a highly cultivated, a reflecting, an imaginative mind. All the various kinds of interest which belong to the near and to the distant, to the present and to the past, were collected on one spot, and in one hour. All the talents and all the accomplishments which are developed by liberty and civilization were now displayed, with every advantage that could be derived both from coöperation and from contrast. Every step in the proceedings carried the mind either backward, through many troubled centuries, to the days when the foundations of our Constitution were laid, or far away, over boundless seas and deserts, to dusky nations living under strange stars, worshipping strange gods, and writing strange characters from right to left. The High Court of Parliament was to sit, according to forms handed down from the days of the Plantagenets, on an Englishman accused of exercising tyranny over the lord of the holy city of Benares, and over the ladies of the princely House of Oude.

The place was worthy of such a trial. It was the great hall of William Rufus, the hall which had resounded with acclamations at the inauguration of thirty kings, the hall which had witnessed the just sentence of Bacon and the just absolution of Somers, the hall where the eloquence of Strafford had for a moment awed and melted a victorious party inflamed with just resentment, the hall where Charles had confronted the High Court of Justice with the placid courage which has half redeemed his fame. Neither military nor civil pomp was wanting. The avenues were lined with grenadiers. The streets were kept clear by cavalry. The peers, robed in gold and ermine, were marshalled by the heralds under Garter King-at-arms. The judges in their vestments of state attended to give advice on points of law. Near a hundred and seventy lords, three fourths of the Upper House as the Upper House then was, walked in solemn order from their usual place of assembling to the tribunal. The junior baron present led the way, George Eliott, Lord Heathfield, recently ennobled for his memorable defence of Gibraltar against the fleets and armies of France and Spain. The long procession was closed by the Duke of Norfolk, Earl Marshal of the realm, by the great dignitaries, and by the brothers and sons of the King. Last of all came the Prince of Wales, conspicuous by his fine person and noble bearing. The gray old walls were hung with scarlet. The long galleries were crowded by an audience such as has rarely excited the fears or the emulation of an orator. There were gathered together, from all parts of a great, free, enlightened, and prosperous empire, grace and female loveliness, wit and learning, the representatives of every science and of every art. There were seated round the Queen the fair-haired young daughters of the House of Brunswick. There the Ambassadors of great Kings and Commonwealths gazed with admiration on a spectacle which no other country in the world could present. There Siddons, in the prime of her majestic beauty, looked with emotion on a scene surpassing all the imitations of the stage. There the historian of the Roman empire thought of the days when Cicero pleaded the cause of Sicily against Verres, and when, before a senate which still retained some show of freedom, Tacitus thundered against the oppressor of Africa. There were seen, side by side, the greatest painter and the greatest scholar of the age. The spectacle had allured Reynolds from that easel which has preserved to us the thoughtful foreheads of so many writers and statesmen, and the sweet smiles of so many noble matrons. It had induced Parr to suspend his labors in that dark and profound mine from which he had extracted a vast treasure of erudition, a treasure too often buried in the earth, too often paraded with injudicious and inelegant ostentation, but still precious, massive, and splendid. There appeared the voluptuous charms of her to whom the heir of the throne had in secret plighted his faith. There too was she, the beautiful mother of a beautiful race, the St. Cecilia whose delicate features, lighted up by love and music, art has rescued from the common decay. There were the members of that brilliant society which quoted, criticised, and exchanged repartees, under the rich peacock hangings of Mrs. Montague. And there the ladies whose lips, more persuasive than those of Fox himself, had carried the Westminster election against palace and treasury shone round Georgiana, Duchess of Devonshire.

The Sergeants made proclamation. Hastings advanced to the bar, and bent his knee. The culprit was indeed not unworthy of that great presence. He had ruled an extensive and populous country, had made laws and treaties, had sent forth armies, had set up and pulled down princes. And in his high place he had so borne himself that all had feared him, that most had loved him, and that hatred itself could deny him no title to glory, except virtue. He looked like a great man, and not like a bad man. A person small and emaciated, yet deriving dignity from a carriage which, while it indicated deference to the Court, indicated also habitual self-possession and self-respect, a high and intellectual forehead, a brow pensive but not gloomy, a mouth of inflexible decision, a face pale and worn, but serene, on which was written, as legibly as under the picture in the council chamber at Calcutta, Mens æqua in arduis; such was the aspect with which the great proconsul presented himself to his judges.

His counsel accompanied him, men all of whom were afterwards raised by their talents and learning to the highest posts in their profession, the bold and strong-minded Law, afterwards Chief Justice of the King's Bench; the more humane and eloquent Dallas, afterwards Chief Justice of the Common Pleas: and Plomer who, near twenty years later, successfully conducted in the same high court the defence of Lord Melville, and subsequently became Vice-Chancellor and Master of the Rolls.

But neither the culprit nor his advocates attracted so much notice as the accusers. In the midst of the blaze of red drapery, a space had been fitted up with green benches and tables for the Commons. The managers, with Burke at their head, appeared in full dress. The collectors of gossip did not fail to remark that even Fox, generally so regardless of his appearance, had paid to the illustrious tribunal the compliment of wearing a bag and sword. Pitt had refused to be one of the conductors of the impeachment; and his commanding, copious, and sonorous eloquence was wanting to that great muster of various talents. Age and blindness had unfitted Lord North for the duties of a public prosecutor; and his friends were left without the help of his excellent sense, his tact, and his urbanity. But, in spite of the absence of these two distinguished members of the Lower House, the box in which the managers stood contained an array of speakers such as perhaps had not appeared together since the great age of Athenian eloquence. There were Fox and Sheridan, the English Demosthenes and the English Hyperides. There was Burke, ignorant, indeed, or negligent of the art of adapting his reasonings and his style to the capacity and taste of his hearers, but in amplitude of comprehension and richness of imagination superior to every orator, ancient or modern. There, with eyes reverentially fixed on Burke, appeared the finest gentleman of the age, his form developed by every manly exercise, his face beaming with intelligence and spirit, the ingenious, the chivalrous, the high-souled Windham. Nor, though surrounded by such men, did the youngest manager pass unnoticed. At an age when most of those who distinguish themselves in life are still contending for prizes and fellowships at collage, he had won for himself a conspicuous place in Parliament. No advantage of fortune or connection was wanting that could set off to the height his splendid talents and his unblemished honor. At twenty-three he had been thought worthy to be ranked with the veteran statesmen who appeared as the delegates of the British Commons, at the bar of the British nobility. All who stood at that bar, save him alone, are gone, culprit, advocates, accusers. To the generation which is now in the vigor of life, he is the sole representative of a great age which has passed away. But those who, within the last ten years, have listened with delight, till the morning sun shone on the tapestries of the House of Lords, to the lofty and animated eloquence of Charles Earl Grey are able to form some estimate of the powers of a race of men among whom he was not the foremost.

The charges and the answers of Hastings were first read. The ceremony occupied two whole days, and was rendered less tedious than it would otherwise have been by the silver voice and just emphasis of Cowper, the clerk of the court, a near relation of the amiable poet. On the third day Burke rose. Four sittings were occupied by his opening speech, which was intended to be a general introduction to all the charges. With an exuberance of thought and a splendor of diction which more than satisfied the highly raised expectation of the audience, he described the character and institutions of the natives of India, recounted the circumstances in which the Asiatic empire of Britain had originated, and set forth the constitution of the Company and of the English Presidencies. Having thus attempted to communicate to his hearers an idea of Eastern society, as vivid as that which existed in his own mind, he proceeded to arraign the administration of Hastings as systematically conducted in defiance of morality and public law. The energy and pathos of the great orator extorted expressions of unwonted admiration from the stern and hostile Chancellor, and, for a moment, seemed to pierce even the resolute heart of the defendant. The ladies in the galleries, unaccustomed to such displays of eloquence, excited by the solemnity of the occasion, and perhaps not unwilling to display their taste and sensibility, were in a state of uncontrollable emotion. Handkerchiefs were pulled out; smelling-bottles were handed round; hysterical sobs and screams were heard; and Mrs. Sheridan was carried out in a fit. At length the orator concluded. Raising his voice till the old arches of Irish oak resounded, "Therefore," said he, "hath it with all confidence been ordered by the Commons of Great Britain, that I impeach Warren Hastings of high crimes and misdemeanors. I impeach him in the name of the Commons' House of Parliament, whose trust he has betrayed. I impeach him in the name of the English nation, whose ancient honor he has sullied. I impeach him in the name of the people of India, whose rights he has trodden under foot, and whose country he has turned into a desert. Lastly, in the name of human nature itself, in the name of both sexes, in the name of every age, in the name of every rank, I impeach the common enemy and oppressor of all."