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Sunday, June 1, 2003
Books

Off the Shelf
A head of state impeached
V. N. Datta

The impeachment of Warren Hastings, first Governor-General of India and head of state who consolidated the British rule against heavy odds weighed against him, was one of the most dramatic, sensational and profoundly significant events in the annals of British and Indian history.

Hastings’ trial became a bitter issue of political battle between the Whigs and the Tories in England. From the British perspective, the impeachment infused a new spirit into the British parliamentary system, and for India it set a new moral tone for the British administration of the country. The impeachment served as a stern warning to the future governors—however worthy and laudable their motives for governance may be. It was made clear that in no case abuse or misuse of power in administration would be tolerated. That is why Hastings’ successor, Lord Cornwallis had to clean the Augean stable and restructure the entire administrative system by civil and judicial reforms.

Warren Hastings’ was not the first impeachment conducted in British Parliament. In 1376 the so-called good Parliament had impeached William, Lord Latimer, a minister to King Edward. In the seventeenth century Francis Bacon, Lord Chancellor, perhaps the most learned man in Europe, was accused of accepting gifts from litigants. Bacon was fined 40,000 pounds, imprisoned by the King and forbidden to hold government office. Hastings was allowed a bail of 40,000 pounds. Impeachment disappeared from Britain after this trial.

 

In his new book Dawning of the Raj: The Life and Trials of Warren Hastings (Aurum Press, 2000, XI + 319), Jeremy Bernstein, a theological physicist at the Stevens Institute of Technology, offers a reappraisal of the impeachment by focusing on such issues as to under what rules was he tried and what evidence was admissible, etc. Hastings never wrote an autobiography but left 300 volumes, an incredible paper trail, throwing invaluable light on his administration and impeachment.

In chapter II, the author gives a synoptic analysis of the historiographical perspectives of Hastings. Bernstein admires Sir Alfred Lyall’s biography of Hastings written at the end of the nineteenth century for its candid and sober judgment. To Lyall, Hastings was a great man but he showed an inability to see or admit that his views may have been wrong or an action blameworthy. In other words, Hastings suffered from a conviction of infallibility.

Bernstein has made extensive use of the Diaries of Fanny Burney who provides a first-class eyewitness account of Hastings’ impeachment. Burney had a close association with the British royalty and the bigwigs involved in high politics in the country. She had great admiration for Burkes’ intellect, but her real sympathy lay with Hastings who, she thought, was being treated mercilessly by his traducers. To her it was tragic indeed that Hastings had fallen from the height of power, and was thrown at the feet of his enemies who were slandering him with impunity.

Hastings’ impeachment brings to the mind of the author the hearing of J. Robert Oppenheimer in April 1954 before the Personnel Security Board of the United States Atomic Energy Commission. An issue was Oppenheimer’s security clearance. Like Hastings, Oppenheimer was a man who had excited the deepest passions. Many people loved him and some hated him. He was a great man. Like Hastings he was conscious of the value of his service and could not understand why it was not clear to everyone. Hastings too had felt the same way. Bernstein thinks that both the trials were conducted under very unclear rules. In both there was a text and a subtext, and it was the subtext that never emerged in the course of the trial. According to the author, the object was in both cases to destroy their reputation and prevent them from influencing important decision and holding high positions in public life.

Sixteen charges of high crimes and misdemeanours, which formed part of the Articles of impeachment, were framed against Hastings.

On the first charge, the Rohilla war, Hastings was exonerated but on the second charge relating to Chait Singh of Benaras, Hastings was found guilty. The author thinks that it was Pitt’s volte face which proved decisive against Hastings. The author thinks that it was the narrow party interests that actuated Pitt to change his position. I do not think that is true. It was Pitt’s friend Wilberforce who convinced him that Hastings was a culprit. Wilberforce was a God-fearing devout Christian, a leader of the Evangelical party in the House of Commons.

Seldom did the British Parliament witness so brilliant an assemblage as in the case of Hastings’ impeachment. Burkes’ long speeches on the occasion form valuable guidebooks of maxims on political thought. Richard Sheridan’s powerful speech on the Begums of Oudh has become a classic which Winston Churchill regarded a model for oratory. Sheridan’s oration moved the ladies in the gallery to tears. After his speech, Sheridan "sunk into Burkes arms," according to Edward Gibbon who, too, was present in the House as Member of Parliament. Hastings was no orator. He was no match for the rough and tumble of Parliamentary debates. From all counts it appears that he did not put up a formidable defence and even his own interpretations were clumsy. It cannot be denied that the written text of his defence was impressive, but his delivery of it was poor.

For seven years, 1787-1785, the impeachment dragged on, much to the chagrin of Hastings. Due to the new composition of Parliament, there were changes in the structure of the House of Lords—44 new peers had been created, 49 had taken their seats by inheritance and 87 had died. A new generation had come up who could not be interested in the protracted political wrangling that had consumed the time and energy of the ablest men of the country.

Burke had become reckless in his use of language. He called Hastings "the scum, filth and pollution of Indian guilt" which produced a sickening effect on the audience. Burkes’ only son Richard died; Burke lost the support of his formidable ally James Fox in his fight against Hastings. Thus began to grow in the Lords a general sympathy for Hastings who ended his concluding statements with the following, "I gave you all and you had rewarded me with confiscation, disgrace and a life of impeachment."

By the time Hastings’ administration ended in India, he had sent to England 2,18,000 pounds, which had shrunk to 75,000 pounds. He was in tremendous financial difficulties and was bailed out by the Company on July 9, 1797. The East India Company recognised his services by giving him an annual pension of 4,000 pounds. Bernstein, a renowned physicist, has given a lucid and sensitive account of Warren Hastings’s impeachment, which is insightful and immensely readable.