The members of the Government were, on this subject, united as one man. Hastings had courted the judges; he had found them useful instruments; but he was not disposed to make them his own masters, or the masters of India. His mind was large; his knowledge of the native character most accurate. He saw that the system pursued by the Supreme Court was degrading to the Government and ruinous to the people; and he resolved to oppose it manfully. The consequence was, that the friendship, if that be the proper word for such a connection, which had existed between him and Impey, was for a time completely dissolved. The Government placed itself firmly between the tyrannical tribunal and the people. The Chief Justice proceeded to the wildest excesses. The Governor-General and all the members of Council were served with writs, calling on them to appear before the King's justices, and to answer for their public acts. This was too much. Hastings, with just scorn, refused to obey the call, set at liberty the persons wrongfully detained by the court, and took measures for resisting the outrageous proceedings of the sheriff's officers, if necessary, by the sword. But he had in view another device, which might prevent the necessity of an appeal to arms. He was seldom at a loss for an expedient; and he knew Impey well. The expedient, in this case, was a very simple one, neither more nor less than a bribe. Impey was, by Act of Parliament, a judge, independent of the Government of Bengal, and entitled to a salary of eight thousand a year. Hastings proposed to make him also a judge in the Company's service, removable at the pleasure of the Government of Bengal; and to give him, in that capacity, about eight thousand a year more. It was understood that, in consideration of this new salary, Impey would desist from urging the high pretensions of his court. If he did urge these pretensions, the Government could, at a moment's notice, eject him from the new place which had been created for him. The bargain was struck; Bengal was saved; an appeal to force was averted; and the Chief Justice was rich, quiet and infamous.
Of Impey's conduct it is unnecessary to speak. It was of a piece with almost every part of his conduct that comes under the notice of history. No other such judge has dishonoured the English ermine, since Jeffreys drank himself to death in the Tower. But we cannot agree with those who have blamed Hastings for this transaction. The case stood thus. The negligent manner in which the Regulating Act had been framed put it in the power of the Chief Justice to throw a great country into the most dreadful confusion. He was determined to use his power to the utmost, unless he was paid to be still; and Hastings consented to pay him. The necessity was to be deplored. It is also to be deplored that pirates should be able to exact ransom, by threatening to make their captives walk the plank. But to ransom a captive from pirates has always been held a humane and Christian act; and it would be absurd to charge the payer of the ransom with corrupting the virtue of the corsair. This, we seriously think, is a not unfair illustration of the relative position of Impey, Hastings, and the people of India. Whether it was right in Impey to demand or to accept a price for powers which, if they really belonged to him, he could not abdicate, which, if they did not belong to him, be ought never to have usurped, and which in neither case he could honestly sell, is one question. It is quite another question whether Hastings was not right to give any sum, however large, to any man, however worthless, rather than either surrender millions of human being to pillage, or rescue them by civil war.
Francis strongly opposed this arrangement. It may, indeed be suspected that personal aversion to Impey was as strong motive with Francis as regard for the welfare of the province. To a mind burning with resentment, it might seem better to leave Bengal to the oppressors than to redeem it by enriching them. It is not improbable, on the other hand, that Hastings may have been the more willing to resort to an expedient agreeable to the Chief Justice, because that high functionary had already been so serviceable, and might, when existing dissensions were composed, he serviceable again.
But it was not on this point alone that Francis was now opposed to Hastings. The peace between them proved to be only a short and hollow truce, during which their mutual aversion was constantly becoming stronger. At length an explosion took place. Hastings publicly charged Francis with having deceived him, and with having induced Barwell to quit the service by insincere promises.
Then came a dispute, such as frequently arises even between honourable men, when they may make important agreements by mere verbal communication. An impartial historian will probably be of opinion that they had misunderstood each other: but their minds were so much embittered that they imputed to each other nothing less than deliberate villainy. "I do not," said Hastings, in a minute recorded on the Consultations of the Government, "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." After the Council had risen, Francis put a challenge into the Governor-General's hand. It was instantly accepted. They met, and fired.
Francis was shot through the body. He was carried to a neighbouring house, where it appeared that the wound, though severe, was not mortal. Hastings inquired repeatedly after his enemy's health, and proposed to call on him; but Francis coldly declined the visit. He had a proper sense, he said, of the Governor-General's politeness, but could not consent to any private interview. They could meet only at the council-board.