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FORE:But, on the 6th of May, a blow fell on Nuncomar from an unexpected quarter. He was arrested and thrown into prison at the suit of a merchant named Mohun Persaud. The charge was, that he had forged a bond five years before. He had been brought to trial for this before the Mayor's Court at Calcuttathe Supreme Court not then being in existence. On this occasion, being in favour with Hastings, he had procured his release; but now, the merchant seeing that Hastings' favour was withdrawn, and that, therefore, he might have a better chance against him, the charge was renewed. Hastings, on the trial, declared before the Supreme Court that neither directly nor indirectly had he promoted the prosecution. The opposition members were highly incensed at this proceeding. Three days after Nuncomar's committal they realised their threat of dismissing the Munny Begum, and appointed Goordas, the son of Nuncomar, to her office. They sent encouraging messages to Nuncomar in his prison, and made violent protests to the judges against the prosecution. Their efforts were useless. The trial came on in due course. One of the judges, Sir Robert Chambers, had endeavoured to have Nuncomar tried on an earlier statute, which included no capital punishment, for forgery was no capital crime by the native laws. But Sir Elijah Impey and the other judges replied that the new Act compelled them to try him on the capital plea, and he had been, on this ground, refused bail. Nuncomar knew nothing of our estimate of forgery, and he could not comprehend how a man of his rank, and a Brahmin of high dignity, should be tried for his life on such a charge. But he was found guilty, and condemned to be hanged. Strong efforts were then made to have him respited till the judgment of the Court of Directors could be taken on the question, but Impey and the other judges declared that it could not be done unless they could assign some sufficient reasons, and they contended that there were no such reasons. Yet the new Acts expressly gave them this power, and, what made it more desirable, was that no native of any rank had been tried by the Supreme Court and the British law, and only one native had ever been capitally convicted for forgery in any of our Indian courts. Moreover, the indignity of hanging a high-caste Brahmin was so outraging to the native feeling that it was deemed most impolitic to perpetrate such an act. All was pleaded in vain; on the 5th of August, 1775, Nuncomar was brought out and publicly hanged, amid the terrified shrieks and yells of the native population, who fled at the sight, and many of them rushed into the sacred Ganges to purify them from the pollution of ever witnessing such a scene. The death of Nuncomar put an end to all hope of procuring any further native evidence against Hastings. The natives were so terrified at this new kind of execution, that nothing could convince them but that, in spite of the opposition of his colleagues, Hastings was all powerful.
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FORE:Two courses were now open to the Duke of Wellington and to Peelto resign, in order that Emancipation might be carried by the statesmen who had always been its advocates, and who might therefore carry it without any violation of consistency or of their own political principles. It was for not adopting this course that they were exposed to all the odium which they so long endured. But the question was, whether Lord Grey or Lord Lansdowne could have carried Catholic Emancipation even with the aid of the Duke of Wellington and Mr. Peel in oppositioncould have overcome the repugnance of the Sovereign and the resistance of the House of Lords. It was their decided conviction that they could not, especially with due regard to the safety of the Established Church. But being convinced that the time had come when the question ought to be settled, the Duke examined the second course that was open to him, and embraced it. It was this: that postponing all other considerations to what he believed to be a great public duty, he should himself, as Prime Minister, endeavour to settle the question.On the opening of the Session, the king called the attention of Parliament to the state of Canada. That colony had flourished since it had come into the possession of Britain, especially since the passing of the Bill of 1774, which had given freedom to the Roman Catholic church there, the church of the French inhabitants. But one part of the colony was still inhabited by the descendants of the French, and another by those of the English and Americans. It was, therefore, found desirable to put an end to the competition which still existed, from differences of faith and of national sentiments and customs, between the two races, by dividing the colony into two provinces, the one inhabited by the French to be called Lower Canada, and the other, inhabited by the British, to be called Upper Canada. On the 25th of February the king sent a message to Parliament, proposing to carry out this division; and on the 4th of March Pitt moved to bring in a Bill for that purpose, and stated the intended plan of arrangement. Besides an elective assembly, each province was to have a Council, the members of which were to be appointed for life, with hereditary succession to the descendants of such as should be honoured with hereditary titles, which titles were to confer on an inhabitant of either province the dignity of a member of the Council. Landed property was to be held according to English law, in soccage tenure; the Habeas Corpus was to be established in both provinces. An allotment of lands was to be made for the Protestant clergy; but, as the majority of the inhabitants in the Lower Province would be Catholic, the Council and Assembly were empowered to allot lands also to their clergy, which allotment, on sanction of the Crown, was to be valid without intervention of Parliament. No taxes were to be imposed by the British Government except such as were necessary for the regulation of commerce, and these were to be levied by the provincial legislature to prevent any heartburnings like those which had occurred in the American States.
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