dependent of the
Government. Hastings, with his usual sagacity, had seen how much
advantage he might derive from possessing himself of this stronghold;
and he had acted accordingly. The Judges, especially the Chief Justice,
were hostile to the majority of the Council. The time had now come for
putting this formidable machinery into action.

On a sudden, Calcutta was astounded by the news that Nuncomar had been
taken up on a charge of felony, committed, and thrown into the common
jail. The crime imputed to him was that six years before he had forged a
bond. The ostensible prosecutor was a native. But it was then, and still
is, the opinion of everybody, idiots and biographers excepted, that
Hastings was the real mover in the business.

The rage of the majority rose to the highest point. They protested
against the proceedings of the Supreme Court, and sent several urgent
messages to the Judges, demanding that Nuncomar should be admitted to
bail. The Judges returned haughty and resolute answers. All that the
Council could do was to heap honors and emoluments on the family of
Nuncomar; and this they did. In the meantime the assizes commenced; a
true bill was found; and Nuncomar was brought before Sir Elijah Impey
and a jury composed of Englishmen. A great quantity of contradictory
swearing, and the necessity of having every word of the evidence
interpreted, protracted the trial to a most unusual length. At last a
verdict of guilty was returned, and the Chief Justice pronounced
sentence of death on the prisoner.

That Impey ought to have respited Nuncomar we hold to be perfectly
clear. Whether the whole proceeding was not illegal is a question. But
it is certain that, whatever may have been, according to technical rules
of construction, the effect of the statute under which the trial took
place, it was most unjust to hang a Hindoo for forgery. The law which
made forgery capital in England was passed without the smallest
reference to the state of society in India. It was unknown to the
natives of India. It had never been put in execution among them,
certainly not for want of delinquents. It was in the highest degree
shocking to all their notions. They were not accustomed to the
distinction which many circumstances, peculiar to our own state of
society, have led us to make between forgery and other kinds of
cheating. The counterfeiting of a seal was, in their estimation, a
common act of swindling; nor had it ever crossed the