About the precise nature of the legal relation be tween the Company and the Rajah of Benares, there has been much warm and acute controversy. On the one side it has been maintained that Cheyte Sing was merely a great subject on whom the superior power had a right to call for aid in the necessities of the em pire. On the other side, it has been contended that he was an independent prince, that the only claim which the Company had upon him was for a fixed tribute, and that, while the fixed tribute was regularly paid, as it assuredly was, the English had no more right to exact any further contribution from him than to demand subsidies from Holland or Denmark. Nothing is easier than to find precedents and analogies in favour of either view.

Our own impression is that neither view is correct. It was too much the habit of English politicians to take it for granted that there was in India a known and definite constitution by which questions of this kind were to be decided. The truth is that, during the interval which elapsed between the fall of the house of Tamerlane and the establishment of the British ascendency, there was no such constitution. The old order of things had passed away; the new order of things was not yet formed. All was transition, confusion, obscurity. Everybody kept his head as he best might, and scrambled for whatever he could get. There have been similar seasons in Europe. The time of the dissolution of the Carlovingian empire is an instance. Who would think of seriously discussing the question, what extent of pe runiary aid and of obedience Hugh Capet had a consti tutional right to demand from the Duke of Britanny or the Duke of Normandy? The words "constitutional right" had, in that state of society, no meaning. If

Hugh Capet laid hands on all the possessions of the Duke of Normandy, this might be unjust and immoral; but it would not be illegal, in the sense in which the ordinances of Charles the Tenth were illegal. If, on the other hand, the Duke of Normandy made war on Hugh Capet, this might be unjust and immoral; but it would not be illegal, in the sense in which the expedition of Prince Louis Bonaparte was illegal.

Very similar to this was the state of India sixty years ago. Of the existing governments not a single one could lay claim to legitimacy, or could plead any other title than recent occupation. There was scarcely a province in which the real sovereignty and the nominal sovereignty were not disjoined. Titles and forms were still retained which implied that the heir of Tamerlane was an absolute ruler, and that the Nabobs of the provinces were his lieutenants. In reality, he was a captive. The Nabobs were in some places independent princes. In other places, as in Bengal and the Carnatic, they had, like their master, become mere phantoms, and the Company was supreme. Among the Mahrattas, again, the heir of Sevajee still kept the title of Rajah; but he was a prisoner, and his prime minister, the Peshwa, had become the hereditary chief of the The Peshwa, in his turn, was fast sinking into the same degraded situation into which he had reduced the Rajah. It was, we believe, impossible to find, from the Himalayas to Mysore, a single government which was at once a government de facto, and a government de jure, which possessed the physical means of making tself feared by its neighbours and subjects, and which nad at the same time the authority derived from law and long prescription.

state.

Hastings clearly discerned what was hidden from

most of his contemporaries, that such a state of things gave immense advantages to a ruler of great talents and few scruples. In every international question that could arise, he had his option between the de fact ground and the de jure ground; and the probability was that one of those grounds would sustain any claim that it might be convenient for him to make, and enable him to resist any claim made by others. In every controversy, accordingly, he resorted to the plea which suited his immediate purpose, without troubling himself in the least about consistency; and thus he scarcely ever failed to find what, to persons of short memories and scanty information, seemed to be a justification for what he wanted to do. Sometimes the Nabob of Bengal is a shadow, sometimes a monarch. Sometimes the Vizier is a mere deputy, sometimes an independent potentate. If it is expedient for the Company to show some legal title to the revenues of Bengal, the grant under the seal of the Mogul is brought forward as an instrument of the highest authority. When the Mogul asks for the rents which were reserved to him by that very grant, he is told that he is a mere pageant, that the English power rests on a very different foundation from a charter given by him, that he is welcome to play at royalty as long as he likes, but that he must expect no tribute from the real masters of India.

It is true that it was in the power of others, as well as of Hastings, to practise this legerdemain; but in the controversies of governments, sophistry is of little use unless it be backed by power. There is a principle which Hastings was fond of asserting in the strongest terins, and on which he acted with undeviating steadiness. It is a principle which, we must own, though it may be grossly abused, can hardly be disputed in the

present state of public law. It is this, that where an ambiguous question arises between two governments, there is, if they cannot agree, no appeal except to force, and that the opinion of the stronger must prevail. AL most every question was ambiguous in India. The English government was the strongest in India. The consequences are obvious. The English government might do exactly what it chose.

The English government now chose to wring money out of Cheyte Sing. It had formerly been convenient to treat him as a sovereign prince; it was now convenient to treat him as a subject. Dexterity inferior to that of Hastings could easily find, in the general chaos of laws and customs, arguments for either course. Hastings wanted a great supply. It was known that Cheyte Sing had a large revenue, and it was suspected that he had accumulated a treasure. Nor was he a favourite at Calcutta. He had, when the GovernorGeneral was in great difficulties, courted the favour of Francis and Clavering. Hastings, who, less perhaps from evil passions than from policy, seldom left an injury unpunished, was not sorry that the fate of Cheyte Sing should teach neighbouring princes the same lesson which the fate of Nuncomar had already impressed on the inhabitants of Bengal.

In 1778, on the first breaking out of the war with France, Cheyte Sing was called upon to pay, in addition to his fixed tribute, an extraordinary contribution of fifty thousand pounds. In 1779, an equal sum was exacted. In 1780, the demand was renewed. Cheyte Sing, in the hope of obtaining some indulgence, secretly offered the Governor-General a bribe of twenty thouand pounds. Hastings took the money, and his enemies have maintained that he took it intending to

keep it. He certainly concealed the transaction, for a time, both from the Council in Bengal and from the Directors at home; nor did he ever give any satisfac tory reason for the concealment. Public spirit, ci the fear of detection, at last determined him to withstand the temptation. He paid over the bribe to the Company's treasury, and insisted that the Rajah should instantly comply with the demands of the English government. The Rajah, after the fashion of his countrymen, shuffled, solicited, and pleaded poverty. The grasp of Hastings was not to be so eluded. He added to the requisition another ten thousand pounds as a fine for delay, and sent troops to exact the money.

The money was paid. But this was not enough. The late events in the south of India had increased the financial embarrassments of the Company. Hastings was determined to plunder Cheyte Sing, and, for that end, to fasten a quarrel on him. Accordingly, the Rajah was now required to keep a body of cavalry for the service of the British government. He objected and evaded. This was exactly what the GovernorGeneral wanted. He had now a pretext for treating the wealthiest of his vassals as a criminal. "I re

solved," — these are the words of Hastings himself, — "to draw from his guilt the means of relief of the Company's distresses, to make him pay largely for his pardon, or to exact a severe vengeance for past delinquency." The plan was simply this, to demand larger and larger contributions till the Rajah should be driven to remonstrate, then to call his remonstrance a crime, and to punish him by confiscating all his possessions.

Cheyte Sing was in the greatest dismay. He offered two hundred thousand pounds to propitiate the British