Critical, Historical, and Miscellaneous Essays; Vol. 5: With a Memoir and IndexMacaulay, Thomas Babington Macaulay, Baron
History
Critical, Historical, and Miscellaneous Essays; Vol. 5: With a Memoir and Index
Macaulay, Thomas Babington Macaulay, Baron
English literature -- History and criticism; Great Britain -- History
It seemed likely at this time that a general reconciliation would put an
end to the quarrels which had, during some years, weakened and disgraced
the government of Bengal. The dangers of the empire might well induce
men of patriotic feeling,--and of patriotic feeling neither Hastings nor
Francis was destitute,--to forget private enmities, and to co-operate
heartily for the general good. Coote had never been concerned in
faction. Wheler was thoroughly tired of it. Barwell had made an ample
fortune, and, though he had promised that he would not leave Calcutta
while his help was needed in Council, was most desirous to return to
England, and exerted himself to promote an arrangement which would set
him at liberty.
A compact was made, by which Francis agreed to desist from opposition,
and Hastings engaged that the {63}friends of Francis should be admitted
to a fair share of the honours and emoluments of the service. During
a few months after this treaty there was apparent harmony at the
council-board.
Harmony, indeed, was never more necessary; for at this moment internal
calamities, more formidable than war itself, menaced Bengal. The authors
of the Regulating Act of 1778 had established two independent powers,
the one judicial, the other political; and, with a carelessness
scandalously common in English legislation, had omitted to define the
limits of either. The judges took advantage of the indistinctness,
and attempted to draw to themselves supreme authority, not only within
Calcutta, but through the whole of the great territory subject to the
Presidency of Fort William. There are few Englishmen who will not admit
that the English law, in spite of modern improvements, is neither so
cheap nor so speedy as might be wished. Still, it is a system which
has grown up among us. In some points it has been fashioned to suit our
feelings; in others, it has gradually fashioned our feelings to suit
itself. Even to its worst evils we are accustomed; and therefore, though
we may complain of them, they do not strike us with the horror and
dismay which would be produced by a new grievance of smaller severity.
In India the case is widely different. English law, transplanted to that
country, has all the vices from which we suffer here; it has them all
in a far higher degree: and it has other vices, compared with which the
worst vices from which we suffer are trifles. Dilatory here, it is far
more dilatory in a land where the help of an interpreter is needed by
every judge and by every advocate. Costly here, it is far more costly in
a land into which the {64}legal practitioners must be imported from an
immense distance. All English labour in India, from the labour of the
Governor-General and the Commander-in-Chief, down to that of a groom
or a watchmaker, must be paid for at a higher rate than at home. No man
will be banished, and banished to the torrid zone, for nothing. The rule
holds good with respect to the legal profession. No English barrister
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account