Critical and Historical Essays, Volume III (of 3)Macaulay, Thomas Babington Macaulay, Baron
History
Critical and Historical Essays, Volume III (of 3)
Macaulay, Thomas Babington Macaulay, Baron
English literature -- History and criticism; Great Britain -- History
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 cooperation 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.
Public-domain text, read in full here on John Shaqi.
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