THE old Hindoo, Nuncomar, had paid the last penalty of all his crimes; but the excitement caused by his death did not end with that catastrophe. The majority of the baffled Council knew well what had been the part played by Nuncomar towards Mohammed Reza Khan, even while, for their own purposes, courting the wily Hindoo; but now that the latter was gone, they did not hesitate to urge that his rival, as the most trustworthy man in Bengal, should have the charge,

not only of the household of the young Nabob Asoff-ud-Dowlah, instead of Gourdass, whom they had so recently promcted, but also of the higher office of dewan, which he had held previous to his arrest and downfall in 1772.

They further suggested that Mohammed should have the superintendence of the native criminal courts, as the Naibs had before, and that the Nizamut Adawlut should be removed from Calcutta back to Moorshedabad.

which he had so recently introduced-a system, though not without faults, infinitely more free from them than that which was anterior to it, and less tyrannical than the old form of collection used by the native princes. The strong representations and bitter complaints on these measures sent home by Hastings, were now more frequently addressed to Lord North than the Court in Leadenhall Street, of whose approbation he was long uncertain, as he might well be, on finding the grotesque facility with which they condemned in one despatch, the plan or order of which they had highly approved in another. He urged in vain that his hands were fettered; that the public business, by the manner in which he was thwarted, stood still; that the judges of the

mained only two on either side. This death "has restored me the constitutional authority of my station," he wrote, on the 26th of the same month, to Lord North, "but without absolute necessity I shall not think it proper to use it with that effect I should give it, were I sure of support from home."

Nevertheless he did use it, voting always with boldness and effect, and leaving the general and Francis to declaim and protest, as he, before, had done in vain; yet they possessed influence enough at Leadenhall Street to obtain a strong reproof.

"To our concern," wrote the directors on the 4th of July, "we find that no sooner was our

Council reduced by the death of Colonel Monson to a number which rendered the president's casting vote of consequence to him, than he exercised it with an improper degree of power in the business of the revenue, which he never could have expected from any other authority."

We have already related how Hastings, in the time of his mortification and absolute despair, had announced to his agent in London his intention of resigning. It would appear that Colonel MacLean, after keeping the letter by him for several months, actually did show it to the chairman, his deputy, and another director, and upon their report, the intended resignation was formally accepted, and a successor to Hastings was chosen in the person of a Mr. Wheler, who, as the new Governor-General of India, was presented to George III., while General Clavering was ordered to occupy the chair until that gentleman's arrival in Bengal.

Tidings of these proceedings reached Calcutta, after the lapse of months, as usual in those days, and threw everything into confusion. Hastings declared that the Court of Directors had no power to accept that which he had never given; that his letter about resigning had been revoked by one sent subsequently; that Colonel MacLean had no authority to show it; that nothing in that letter amounted to a tender of resignation, and that even if it had, the subsequent missive annulled it. Finally he declared his resolution to remain at his post.

Greater grew the rancour and confusion now. He refused to permit General Clavering to take the chair, and summoned the meetings of Council as he had hitherto done; while, on the other hand, Clavering stormed and insisted on his rights as Governor-General temporarily, and, as such, summoned the Council in his name. Had Hastings still been in a minority, he might have left the chair without a contest; but he was now the real master of British India, and was resolved not to quit his high place; so there were now two Councils and two parties claiming supreme power, as Barwell attended the summons of Hastings, and Francis that of the irate general. The two latter met at the usual Council table; the two former at the Board of Revenue. Clavering now proceeded to take the oaths of Governor-General, ad interim, and to preside and deliberate; while Hastings required Sir Elijah Impey, and the other judges of the Supreme Court, to attend the Revenue Board and give him their opinion.

They met, but to no purpose, as the general had got possession of all the home despatches, and refused to deliver them up. Hastings assured the

judges that if in them they could find one word from which his resignation could be deduced, he would instantly give over his office. The general and Francis enclosed copies of some-but only some of the despatches, upon which they averred their claims were indisputably based; they did not, however, offer to abide by the decision of the judges, but agreed to suspend the execution of their orders, as a Council, until the opinion of the Supreme Court was delivered.

Meanwhile Clavering demanded the keys of the fort and treasury, and wrote to the bewildered commandant of the former, requiring his obedience at once; but Hastings, clenching the keys with a firmer grasp, wrote opposite orders to the commandant, and evinced the fullest determination of sternly meeting force with force. Civil war seemed about to break forth in the streets of Calcutta, when the judges luckily came to the conclusion that it would be illegal, as yet, for General Clavering to assume the chair, and otherwise persevere in his present course. So, for the present, he and his adherent, Francis, gave place to Hastings, and wrote to the judges acquiescing in their decision. Clavering, however, was uncourteous enough, when the Council next met, to absent himself without sending an apology for doing so. Yet he was a man who (while the Governor-General was spending in the public service the moderate private competence he had accumulated), though new to India, and "who had never known toil or danger, was hoarding and scraping, jobbing, speculating, trading, and resorting to all those means which enabled him to return to Europe with a very large fortune."

Hastings, with his decided majority, that is to say, his casting vote and Barwell's against General Clavering, now carried the bold resolution, "that the general, by taking the oaths as GovernorGeneral, &c., had actually vacated his seat as senior councillor, and could no longer sit at the Board in any capacity." But in this he failed to carry the judges with him, and he was compelled to accept a compromise, the terms of which they dictated.

Eventually the two hostile parties agreed to refer their disputes to Leadenhall Street for a decision, and to leave matters at Calcutta as they stood before the arrival of those despatches which embroiled everyone. Meantime, however, many changes were made in favour of the friends of Hastings. Among others, Mr. Middleton was sent back as resident to the court of Oude, and Mr. Bristow, an adherent of the old majority, was recalled; and Mr. Francis Fowke, son of the Mr. Joseph Fowke, who was implicated with Nuncomar, was recalled from Benares. The health of Clavering

had long been giving way, and, after an illness of fourteen days, he died on the 30th of August, 1777, and on the 22nd of the following month we find Hastings writing thus to a friend :-"The death of Sir John Clavering has produced a state of quiet in our councils, which I shall endeavour to preserve during the remainder of the time which may be allotted to me. The interests of the Company will benefit by it; that is to say, they will not suffer as they have done by the effects of a divided administration."

Shortly after this event, Mr. Wheler arrived at Calcutta, and took his seat in the Council. Before encountering the long voyage round the Cape, he had naturally conceived that he was to take the chair rendered vacant by the alleged resignation of Warren Hastings; but ere he sailed he had heard of Monson's death, and preferring certainty to the hope of a problematical vacancy, he had wisely landed, hastened to London, and had himself appointed in the colonel's place.

The re-appointment of Middleton, the recall of Fowke, and some other measures, produced much angry discussion among the directors, who censured Hastings severely in the beginning of 1778, and sent him peremptory orders "that Mr. Francis Fowke be immediately reinstated in his office of resident and postmaster of Benares; " but, peremptory as these orders were, Hastings chose to disregard them.

The offices of General Clavering as Member of Council and as Commander-in-Chief, were conferred on Sir Eyre Coote-the same officer who had distinguished himself so much in Indian warfare, from the battle of Plassey to that of Wandiwash and the capture of Pondicherry. By nature he was somewhat obstinate, haughty, and self-willed; so he frequently disputed the authority of Hastings, and voted with Wheler and Francis. Thus, when this occurred, the views of the Governor-General were over-ruled. The vigilance of Francis never slept; his bitterness was only equalled by his vigilance, and there were but too many occasions in which, by duly managing Sir Eyre, he succeeded in putting Hastings into a minority.

The latter, however, could also practice the art of judicious management, and by gratifying Coote's love of " allowances," in most instances secured his vote. Besides, Coote more generally agreed with Hastings than with Francis, who was ignorant of India, which the veteran soldier knew well. The latter was often in the field, and then Hastings had everything his own way; but these contingencies in the constitution of the Council gave great uncertainty to its decisions, and frustrated some

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of the best administrative measures of the GovernorGeneral.

It seems now very remarkable that while the directors at home were alternately menacing and censuring Warren Hastings, they utterly omitted to avail themselves of the expiry of the period fixed for the tenure of his office by the Regulating Act, to insist on a new appointment; and thus by the Act 19 George III., chapter 61, he was continued in his office of Governor-General for another year. Soon after this renewal of the tenure of office, mutual friends made an attempt to effect a reconciliation between Hastings and Francis, and it was less difficult than might have been supposed, for the former was now threatened with the loss of Mr. Barwell, who was about to return to Europe, thus leaving his friend in a minority, while Mr. Francis, who had been so long in that unpleasant position by the deaths of Monson and Clavering, was not unwilling to escape from it, even at the sacrifice of his apparent consistency.

A kind of truce was accordingly made, the terms of which seem to be but little known, as ere long they became involved in an acrimonious dispute, of which each gave his own version, while seeking to charge deceitful dealing on his adversary. Hastings had too probably the best reason for complaint; but he lost his temper, and used language provocation could scarcely justify. And afterwards, not in a moment of excitement, but a time of calmness, he penned these words :

:

"I do not trust to Mr. Francis's promises of candour, convinced that he is incapable of it. I judge of his public conduct by his private, which I have found to be void of truth and honour."

This language led to the result which Hastingslong since weary of his contumacy-evidently contemplated, according to the usages of society at that time, and for more than sixty years afterwards.

A duel was fought, in which Mr. Francis was so severely wounded, that he narrowly escaped with his life. The conduct of Hastings throughout this painful affair was most honourable, for he not only made repeated inquiries after the health of his adversary, but offered him a visit, which Francismalignant to the last-coldly declined. He had a proper sense, he said, of the Governor-General's politeness, but could not consent to any private interview. Henceforth they would only meet at the council board.

They did meet there occasionally after, yet only to be found, as of old, antagonists on opposite sides; but Francis profited so little by this bootless strife that he lost heart in it, and sailed for Europe.

It was high time now that some unanimity should prevail at that long-divided council board, and it soon became powerfully apparent to what peril the able Governor-General had exposed his country and British interests in India by risking his life in a duel with Mr. Francis; for a crisis had come, with which he alone was competent to deal; and, according to Macaulay, it is not too much to say, that had he been taken from the head of affairs, the years 1780 and 1781 would have been as fatal to our power in Asia as to our power in America.

The Treaty of Poorundhur, concluded with the Poonah Ministry by Colonel Upton, failed to satisfy either the Company or the predatory Mahrattas, each party having striven to elude their obligations under it, and to lay the blame thereof upon the other, a state of matters that very readily produced a rupture, the more immediate cause of which occurred in March, 1777, when a French ship, laden with all the munition of war and many articles of European export, arrived at Chowal, a Mahratta port some twenty-three miles southward of Bombay, and landed several Frenchmen, who proceeded at once to Poonah. One of them bore the character of an ambassador to the Mahrattas, and was the Chevalier St. Lubin, whom the Council of Madras, during the former war with Hyder, had the folly to send, as one of the meddling field deputies, to watch their own general, and control the movements of his army.

This chevalier was a mere adventurer, credit to whose false statements, that he had lived long among the Mahrattas, and knew them well, had been given in France, where much mortification was beginning to be felt at the ascendency which we had established in India. It was then thought that amid the combinations now forming, and the war which we seemed to be about to wage with the Mahrattas, a locality might be obtained, to form the basis of future operations against us.

The bare retention of her possessions on the east coast was the utmost France could look for on that side; the west, then, presented a more favourable prospect, and was nearer the seat of the coming war than the Mauritius. After listening to much of such arguments as these, the French Ministry sent the chevalier to Poonah, where he soon began to exercise great influence. In the strife then raging between us and our American colonies, French

men of great name and high rank were taking an active part, without any declaration of war between the courts of St. James's and Versailles; hence it was reasonably supposed that Frenchmen would not be very scrupulous in India, where they had never ceased their intrigues, since-despite the advice of those who knew Indian politics bestPondicherry and Chandernagore had been restored to them.

The reception accorded to St. Lubin at Poonah caused considerable alarm at Bombay, the presidency of which, being nearest the scene of the Mahratta intrigues, was most likely to be affected by them, and, but for the restrictions involved by the Regulating Act, the Bombay Council would at once have begun to prepare for war. But their old freedom of action could not be exerted now with the same strength as before, though it had been in a measure restored to them by the directors disapproving of the manner in which they had been interfered with by the Governor-General, and giving it as their opinion that an alliance originally with the now fugitive Ragobah would have been more for the honour and advantage of the Company, for his "pretensions to the supreme authority," added the directors, "appear to us better founded than those of his competitors. Therefore, if the conditions of the Treaty of Poonah have not been strictly fulfilled on the part of the Mahrattas, and if, from any circumstance, our Governor-General and Council shall deem it expedient, we have no objection to an alliance with Ragobah on the terms agreed upon between him and you."

This was exactly what the presidency wished, as they were eager to anticipate any fresh designs of the French and Mahratta chiefs, and to recover Bassein and other territory which had been surrendered under the unpopular treaty concluded by Colonel Upton. Hastings heartily disapproved of the treaty-all the more so, perhaps, that it was the work of Clavering, Monson, and Francis—which he would have prevented had he been able.

Indeed, by the time that St. Lubin arrived with presents for them from the unfortunate Louis XVI., the Mahratta chiefs had scarcely performed one article of it; and Hastings, who had long reflected on the best means of securing our Indian empire, and those possessed by the French for recovering their lost ascendency, soon came to the conclusion