1788: act in the capacity of a whispering adviser, or an BOOK obscure and covert witness, he disdained. In his own opinion, and in that of men of the highest reputation whom he had consulted, he acted far more honorably in declaring himself the responsible accuser of Mr. Hastings-in avowing his principles and abiding by their consequences. He was happy to find that the objection against him implied no imputation upon his character, no suspicion upon his actions. He trusted that no one would think it possible that he meant to solicit the house to alter their resolution. He owed, indeed, every assistance in his power to carry into effect the task now undertaken. Exclusively of that consideration, what could he desire better than to be excused from any further concern in this toilsome, invidious, and most unthankful office ?" Mr. Pitt contented himself with saying, "that the question was in his opinion a question of feeling, and not of argument; and he could not reconcile to his ideas of propriety or delicacy the appointment of a member, as the representative of the house in this business, who was distinguished from all others by the personal contest in which he had been engaged with the accused." This drew down the indignation of Mr. Burke. "Was it fit or becoming," he asked, "for a legislator, in a great and important question, to say his feelings compelled him to abandon his arguments? BOOK that his delicacy was offended by rational investi. XXIII. 1788. Honorable testimony Mr.Francis. gation?--What was delicacy but at best a superadded flower to virtue-an ornament, the presence or absence of which was alike indifferent to the substance? Delicacy and feeling might be proper terms to express the sensations excited by the exertions of an opera-singer, but they were an insult to the solemnity and magnitude of parlia mentary deliberation." deliberation." At length the house di. · vided on the motion of Mr. Fox, ayes 62, noes 122. This decision gave extreme offence to the comin behalf of mittee of managers, who expressed, in a letter to Mr. Francis, the high sense they entertained of his merits and services. "They had perused (they said) with great attention the records of the Company, and they had found there, on the part of Mr. Francis, wise and steady principles of government, an exact obedience to the authority placed over him, an inflexible integrity in himself, and a firm resistance to all corrupt practices in others-crowned by that uniform benevolent attention to the rights, properties, and welfare of the natives, which had been the leading object in his appointment. Such a conduct, so tried, acknowledged, and recorded, demanded their fullest confidence and such were the qualities that had excited their wish for his assistance." Thus nobly and unequivocally was the character of this distinguished politician, patriot, and friend to man kind, vindicated in the view of present and of fu- BOOK ture times. XXIII. 1788. Next in dignity, and next in the general esti- Proceedmation in delinquency, to Mr. Hastings, was sirings against sir Elijah Elijah Impey, chief-justice of the Supreme Court Impey. established by the Regulating Act of 1773; against whom it was now determined to institute a similar process. Six articles of impeachment were accordingly in the early part of the session exhibited to the house by sir Gilbert Elliot; of which the conduct of the chief-justice in the memorable business of Nundcomar constituted the first. His decisions in the Patna and Cossijura causes, his acceptance of an employment, contrary to his OATH, in the native court styled the Sudder Dewannee Adaulet, with a salary annexed, to be held during the pleasure of the governor and council, and his proceedings in concert with the governor respecting the affairs of Benares and Oude, furnished ample materials for the remaining charges. On the 4th of February sir Elijah was permitted to make his defence at the bar of the house; which he performed at great length, and with great abi lity-confining himself however entirely to the charge relating to Nundcomar. For he remarked, with the artfulness of practised and technical subtilty," that his mind had been so much de ranged by the magnitude of that charge, that he found it impossible to exert himself in reply to the XXIII. 1788. BOOK other accusations till the question of Nundcomar was decided. He could not bear to live under the imputation of MURDER; but if he were acquitted of that, he should consider all the other charges as frivolous and unimportant." Being requested to leave the minutes of his defence, as Mr. Hastings had before done, upon the table, the chief-justice declared it to be impossible-having unfortunately spoken extempore. upon On the 28th of April sir Gilbert Elliot entered upon his summary of the charge. He enlarged upon the "absurdity of enforcing a law founded the local customs of one country against the natives of another. To extend by a constructive interpretation the English law against forgery, unknown on the other side the Tweed, to India, was no less preposterous than to try the Great Mogul and the visiers of his court upon the English statute of bigamy. He stated in the strongest terms the expediency and equity of at least granting a respite of the sentence, since conviction had been obtained by evidence the most suspicious, at a time when Nundcomar was in the act of bringing forward an accusation against the governorgeneral, and when it was evident that the execution of the sentence could not take place without exciting horror and dismay throughout Hindostan. He affirmed, that the blood of the MURDERED RAJAH was upon their heads, and still crying for ven XXIIL 1788. geance on the man who had thus stained and crim- BOOK soned the spotless ermine of justice." The defence of sir Elijah Impey had, however, engaged and preoccupied the minds of the house. And it must be confessed, that the chief-justice had so skilfully entrenched himself behind the impregnable ramparts of the law-the letter of which, admitting the extension of the system of English jurisprudence to India, he in the whole of this transaction carefully avoided overstepping—that it was difficult to pronounce him in a legal sense guilty, however flagitious his conduct might appear when brought to the test of free and rational investigation. The lawyers in the house seemed to consider it as a common cause, and exerted themselves with peculiar ardor in his behalf; and Mr. Pitt declaring himself convinced of the innocence of the accused, the motion of sir Gilbert Elliot was on the division negatived by a majority of 73 to 65 voices. Such was the effect of this discouraging circumstance, that the farther consideration of the impeachment was adjourned over the session, and it has never yet been resumed. It seems extraordinary, that the acceptance of an appointment contrary to his oath of office, under the governor and council, by the chief-justice, which was the immediate ground of his recall, was not made the leading article of the impeachment, as upon this head all the ingenuity of the profession, excellent and admirable as it is, could have afforded no colorable defence. |