The success of the British, like that of the Roman administration in

securing peace and good order, has been due, not merely to a sense of

the interest which a government has in maintaining conditions which,

because favourable to industry are favourable also to revenue, but also

to the high ideal of the duties of a ruler which both nations have set

before themselves. Earlier Empires, like those of the Persian

Achaemenids or of the successors of Alexander, had been content to tax

their subjects and raise armies from them. No monarch, except perhaps

some of the Ptolemies in Egypt, seems to have set himself to establish a

system from which his subjects would benefit. Rome, with larger and

higher views, gave to those whom she conquered some compensations in

better administration for the national independence she extinguished.

Her ideals rose as she acquired experience, and as she came to feel the

magnificence of her position. Even under the Republic attempts were made

to check abuses of power on the part of provincial governors. The

proceedings against Verres, which we know so well because Cicero’s

speeches against that miscreant have been preserved, are an instance of

steps taken in the interests of a province whose discontent was so

little likely to harm Rome that no urgent political necessity prescribed

them. Those proceedings showed how defective was the machinery for

controlling or punishing a provincial governor; and it is clear enough

that a great deal of extortion and misfeasance went on under proconsuls

and propraetors in the later days of the Republic, to the enrichment,

not only of those functionaries, but of the hungry swarm who followed

them, including men who, like the poet Catullus, were made for better

things[7]. With the establishment of a monarchy administration improved.

The Emperor had a more definite responsibility for securing the welfare

and contentment of the provinces than had been felt by the Senate or the

jurors of the Republic, swayed by party interest or passion, not to

speak of more sordid motives. He was, moreover, able to give effect to

his wishes more promptly and more effectively. He could try an

incriminated official in the way he thought best, and mete out

appropriate punishment. It may indeed be said that the best proof of the

incompetence of the Republican system for the task of governing the

world, and of the need for the concentration of powers in a single hand,

is to be found in the scandals of provincial administration, scandals

which, so far as we can judge, could not have been remedied without a

complete change either in the tone and temper of the ruling class at

Rome, or in the ancient constitution itself.

-----

Footnote 7:

Poems x and xxviii. It is some comfort to know that Catullus obtained

in Bithynia only themes for some of his most charming verses (see

poems iv and xlvi). Gains would probably have been ill-gotten.

-----

On this point the parallel with the English in India is interesting,

dissimilar as the circumstances were. The English administration began

with extortions and corruptions. Officials were often rapacious,

sometimes unjust, in their dealings with the native princes. But the

statesmen and the public opinion of England, even in the latter half of

the eighteenth century, had higher standards than those of Rome in the

days of Sulla and Cicero, while the machinery which the House of Commons

provided for dealing with powerful offenders was more effective than the

Roman method of judicial proceedings before tribunals which could be,

and frequently were, bribed. The first outbreak of greed and corruption

in Bengal was dealt with by the strong hand of Clive in 1765. It made so

great an impression at home as to give rise to a provision in a statute

of 1773, making offences against the provisions of that Act or against

the natives of India, punishable by the Court of King’s Bench in

England. By Pitt’s Act of 1784, a Special Court, consisting of three

judges, four peers, and six members of the House of Commons, was created

for the trial in England of offences committed in India. This singular

tribunal, which has been compared with the _quaestio perpetua_ (_de

pecuniis repetundis_) of Senators created by a Roman statute of B.C. 149

to try offences committed by Roman officials against provincials, has

never acted, or even been summoned[8]. Soon after it came the famous

trial which is more familiar to Englishmen than any other event in the

earlier relations of England and India. The impeachment of Warren

Hastings has often been compared with the trial of Verres, though

Hastings was not only a far more capable, but a far less culpable man.

Hastings, like Verres, was not punished. But the proceedings against him

so fixed the attention of the nation upon the administration of India as

to secure for wholesome principles of conduct a recognition which was

never thereafter forgotten. The Act of 1784 in establishing a Board of

Control responsible to Parliament found a means both for supervising the

behaviour of officials and for taking the large political questions

which arose in India out of the hands of the East India Company. This

Board continued till India was placed under the direct sway of the

British Crown in 1858. At the same time the appointment of

Governors-General who were mostly men of wealth, and always men of rank

and position at home, provided a safeguard against such misconduct as

the proconsuls under the Roman Republic had been prone to commit. These

latter had little to fear from prosecution when their term of office was

over, and the opinion of their class was not shocked by offences which

would have fatally discredited an English nobleman. The standard by

which English public opinion judges the behaviour of Indian or Colonial

officials has, on the whole, risen during the nineteenth century; and

the idea that the government of subject-races is to be regarded as a

trust to be discharged with a sense of responsibility to God and to

humanity at large has become generally accepted. Probably the action of

the Emperors, or at least of such men as Trajan and his three

successors, raised the standard of opinion in the Roman Empire also. It

was, however, not so much to that opinion as to their sovereign master

that Roman officials were responsible. The general principles of policy

which guided the Emperors were sound, but how far they were applied to

check corruption or oppression in each particular case is a matter on

which we are imperfectly informed. Under an indolent or vicious Emperor,

a governor who had influence at Court, or who remitted the full tribute

punctually, may probably have sinned with impunity.

-----

Footnote 8:

See Sir C. P. Ilbert’s _Government of India_, p. 68. The provision

creating this Court has never been repealed.

-----

The government of India by the English resembles that of her provinces

by Rome in being thoroughly despotic. In both cases, whatever may have

been done for the people, nothing was or is done by the people. There

was under Rome, and there is in British India, no room for popular

initiative, or for popular interference with the acts of the rulers,

from the Viceroy down to a district official. For wrongs cognizable by

the courts of law, the courts of law were and are open, doubtless more

fully open in India than they were in the Roman Empire. But for errors

in policy or for defects in the law itself, the people of a province had

no remedy available in the Roman Empire except through petition to the

sovereign. Neither is there now in India any recourse open to the

inhabitants except an appeal to the Crown or to Parliament, a Parliament

in which the Indian subjects of the Crown have not been, and cannot be,

represented. This was, and is, by the nature of the case, inevitable.

In comparing the governmental systems of the two Empires, it is hardly

necessary to advert to such differences as the fact that India is placed

under a Viceroy to whom all the other high functionaries, Governors,

Lieutenant-Governors and Chief Commissioners, are subordinated, whereas

in the Roman world every provincial governor stood directly under the

Emperor. Neither need one dwell upon the position in the English system

of the Secretary of State for India in Council as a member of the

British Cabinet. Such details do not affect the main point to which I

now come.

The territories conquered by the Romans were of three kinds. Some, such

as Egypt, Macedonia, and Pontus, had been, under their own princes,

monarchies practically despotic. In these, of course, there could be no

question of what we call popular government. Some had been tribal

principalities, monarchic or oligarchic, such as those among the Iceni

and Brigantes in Britain, the Arverni in Gaul, the Cantabrian

mountaineers in Spain. Here, again, free institutions had not existed

before, and could hardly have been created by the conqueror. The third

kind consisted of small commonwealths, such as the Greek cities. These

were fitted for self-government, which indeed they had enjoyed before

they were subjected by Rome. Very wisely, municipal self-government was

to a large extent left to them by the Emperors down till the time of

Justinian. It was more complete in some cities than in others; and it

was in nearly all gradually reduced by the equalizing pressure of the

central authority. But they were all placed under the governor of the

province; most of them paid taxes, and in most both the criminal and the

higher civil jurisdiction were in the hands of imperial officials. Of

the introduction of any free institutions for the empire at large, or

even for any province as a whole, there seems never to have been any

question. Among the many constitutional inventions we owe to the ancient

world representative government finds no place. A generation before the

fall of the Republic, Rome had missed her opportunity when the creation

of such a system was most needed and might have been most useful. After

her struggle against the league of her Italian allies, she consented to

admit them to vote in her own city tribes, instead of taking what seems

to us moderns the obvious expedient of allowing them to send delegates

to an assembly which should meet in Rome. So it befell that monarchy and

a city republic or confederation of such republics remained the only

political forms known to antiquity[9].

-----

Footnote 9:

The nearest approach to any kind of provincial self-government and

also the nearest approach to a representative system was made in the

Provincial Councils which seem from the time of Augustus down to the

fifth century to have existed in all or nearly all the provinces. They

consisted of delegates from the cities of each province, and met

annually in some central place, where stood the temple or altar to

Rome and Augustus. They were presided over by the priest of these

divinities, and their primary functions were to offer sacrifices,

provide for the expense of the annual games, and elect the priest for

next year. However they seem to have also passed resolutions, such as

votes of thanks to the outgoing priest or to a departing governor, and

to have transmitted requests or inquiries to the Emperor. Sometimes

they arranged for the prosecution of a governor who had misgoverned

them: but on the whole their functions were more ceremonial and

ornamental than practically important; nor would the emperors have

suffered them to exert any real power, though they were valued as

useful vehicles of provincial opinion (see Marquardt, _Römische

Staatsverwaltung_, vol. i, and an article in _Eng. Hist. Review_ for

April, 1893, by Mr. E. G. Hardy.)

-----

India is ruled despotically by the English, not merely because they

found her so ruled, but because they conceive that no other sort of

government would suit a vast population of different races and tongues,

divided by the religious animosities of Hindus and Musulmans, and with

no sort of experience of self-government on a scale larger than that of

the Village Council. No more in India than in the Roman Empire has there

been any question of establishing free institutions either for the

country as a whole, or for any particular province. But the English,

like the Romans, have permitted such self-government as they found to

subsist. It subsists only in the very rudimentary but very useful form

of the Village Council just referred to, called in some parts of India

the Panchayet or body of five. Of late years municipal constitutions,

resembling at a distance those of English boroughs, have been given to

some of the larger cities as a sort of experiment, for the sake of

training the people to a sense of public duty, and of relieving the

provincial government of local duties. So far the experiment has in most

cities been only a moderate success. The truth is that, though a few

intelligent men, educated in European ideas, complain of the despotic

power of the Anglo-Indian bureaucracy, the people of India generally do

not wish to govern themselves. Their traditions, their habits, their

ideas, are all the other way, and dispose them to accept submissively

any rule which is strong and which neither disturbs their religion and

customs nor lays too heavy imposts upon them.

Here let an interesting contrast be noted. The Roman Emperors were

despots at home in Italy, almost as much, and ultimately quite as much,

as in the provinces. The English govern their own country on democratic,

India on absolutist principles. The inconsistency is patent but

inevitable. It affords an easy theme for declamation when any arbitrary

act of the Indian administration gives rise to complaints, and it may

fairly be used as the foundation for an argument that a people which

enjoys freedom at home is specially bound to deal justly and

considerately with those subjects to whom she refuses a like freedom.

But every one admits in his heart that it is impossible to ignore the

differences which make one group of races unfit for the institutions

which have given energy and contentment to another more favourably

placed.

A similar inconsistency presses on the people of the United States in

the Philippine Isles. It is a more obtrusive inconsistency because it

has come more abruptly, because it has come, not by the operation of a

long series of historical causes, but by the sudden and little

considered action of the American Republic itself, and because the

American Republic has proclaimed, far more loudly and clearly than the

English have ever done, the principle contained in the Declaration of

Independence that the consent of the governed is the only foundation of

all just government. The Americans will doubtless in time either

reconcile themselves to their illogical position or alter it. But for

the present it gives to thoughtful men among them visions of mocking

spirits, which the clergy are summoned to exorcize by dwelling upon the

benefits which the diffusion of a pure faith and a commercial

civilization will confer upon the lazy and superstitious inhabitants of

these tropical isles.

Subject to the general principle that the power of the Emperor was

everywhere supreme and absolute, the Romans recognized, at least in the

earlier days of the Empire, considerable differences between the methods

of administering various provinces. A distinction was drawn between the

provinces of the Roman people, to which proconsuls or propraetors were

sent, and the provinces of Caesar, placed under the more direct control

of the Emperor, and administered in his name by an official called the

_praeses_ or _legatus Caesaris_, or sometimes (as was the case in

Judaea, at the time when it was ruled by Pontius Pilate) by a

_procurator_, an officer primarily financial, but often entrusted with

the powers of a _praeses_. Egypt received special treatment because the

population was turbulent and liable to outbursts of religious passion,

and because it was important to keep a great cornfield of the Empire in

good humour. These distinctions between one province and another tended

to vanish as the administrative system of the whole Empire grew better

settled and the old republican forms were forgotten. Still there were

always marked differences between Britain, for instance, at the one end

of the realm and Syria at the other. So there were all sorts of

varieties in the treatment of cities and tribes which had never been

conquered, but passed peaceably through alliance into subjection. Some

of the Hellenic cities retained their republican institutions till far

down in imperial times. Distinctions not indeed similar, yet analogous,

have existed between the different parts of British India. There is the

old distribution of provinces into Regulation and Non-Regulation. The

name ‘Province,’ one may observe in passing, a name unknown elsewhere in

the dominions of Britain[10] (though a recent and vulgar usage sometimes

applies it to the parts of England outside London) except as a relic of

French dominion in Canada, bears witness to an authority which began, as

in Canada, through conquest. Though the names of Regulation and

Non-Regulation provinces are now no longer used, a distinction remains

between the districts to the higher posts in which none but members of

the covenanted service are appointed, and those in which the Government

have a wider range of choice, and also between those districts for which

the Governor-General can make ordinances in his executive capacity, and

those which are legislated for by him in Council in the ordinary way.

There are also many differences in the administrative systems of the

different Presidencies and other territories, besides of course all

imaginable diversities in the amount of independence left to the

different ‘Protected States,’ some of which are powerful kingdoms, like

Hyderabad, while many, as for instance in Gujarat, are petty

principalities of two or three dozen square miles.

-----

Footnote 10:

The use of the word to denote the two great ecclesiastical divisions

of England (Province of Canterbury and Province of York) is a relic of

the Roman imperial system.

-----

The mention of these protected States suggests another point of

comparison. Rome brought many principalities or kingdoms under her

influence, especially in the eastern parts of the Empire; and dealt with

each upon the basis of the treaty by which her supremacy had been

acknowledged, allowing to some a wider, to some a narrower measure of

autonomy[11]. Ultimately, however, all these, except a few on the

frontiers, passed under her direct sway: and this frequently happened in

cases where the native dynasty had died out, so that the title lapsed to

the Emperor. The Iceni in Britain seem to have been such a protected

State, and it was the failure of male heirs that caused a lapse. So the

Indian Government was wont, when the ruling family became extinct or

hopelessly incompetent, to annex to the dominions of the British Crown

the principality it had ruled. From the days of Lord Canning, however, a

new policy has been adopted. It is now deemed better to maintain the

native dynasties whenever this can be done, so a childless prince is

suffered to adopt, or provide for the adoption of, some person approved

by the Government; and the descendants of this person are recognized as

rulers[12]. The incoming prince feels that he owes his power to the

British Government, while adoption gives him a title in the eyes of his

subjects.

-----

Footnote 11:

For instance, Cappadocia, Pontus, and Commagene were left as subject

kingdoms till 17 A.D., 63 A.D., and 72 A.D. respectively.

Footnote 12:

‘The extent to which confidence has been restored by Lord Canning’s

edict is shown by the curious fact that since its promulgation a

childless ruler very rarely adopts in his own lifetime. An heir

presumptive, who knows that he is to succeed and who may possibly grow

restive if his inheritance is delayed, is for various obscure reasons

not the kind of person whom an Oriental ruler cares to see idling

about his palace, so that a politic chief often prefers leaving the

duty of nominating a successor to his widows, who know his mind and

have every reason for wishing him long life.’—Sir A. C. Lyall in _Law

Quarterly Review_ for October, 1893.

-----

The differences I have mentioned between the British provinces are

important, not only as respects administration, but as respects the

system of landholding. All over India, as in many other Oriental

countries, it is from the land that a large part of revenue, whether one

calls it rent or land tax, is derived. In some provinces the rent is

paid direct to the Government by the cultivator, in others it goes to

intermediary landlords, who in their turn are responsible to the State.

In some provinces it has been permanently fixed, by what is called a

Land-settlement[13], and not always on the same principles. The subject

is far too large and intricate to be pursued here. I mention it because

in the Roman Empire also land revenue was the mainstay of the imperial

treasury. Where territory had been taken in war, the fact of conquest

was deemed to have made the Roman people ultimate owners of the land so

acquired, and the cultivators became liable to pay what we should call

rent for it. In some provinces this rent was farmed out to contractors

called _publicani_, who offered to the State a sum equivalent to the

rent of the area contracted for, minus the expense of collection and

their own profit on the undertaking, and kept for themselves whatever

they could extract from the peasantry. This vicious system, resembling

that of the tithe farmers in Ireland seventy years ago, was regulated by

Nero and abolished by Hadrian, who placed the imperial procurator in

charge of the land revenue except as regarded the forests and the mines.

It exists to-day in the Ottoman Empire. Convenient for the State as it

seems, it is wasteful, and naturally exposes the peasant, as is

conspicuously the case in Asiatic Turkey, to oppressions perhaps even

harder to check than are those of State officials. When the English came

to India they found it in force there; and the present landlord class in

Bengal, called Zemindars, are the representatives of the rent or land

tax-farmers under the native princes who were, perhaps unwisely,

recognized as landowners by the British a century ago. This kind of

tax-farming is, however, no longer practised in India, a merit to be

credited to the English when we are comparing them with the Romans of

the Republic and the earlier Empire.

-----

Footnote 13:

One finds something similar to this Land-settlement in the Roman plan

of determining the land revenue of a province by what was called the

_lex provinciae_.

-----

Where the revenue of the State comes from the land, the State is obliged

to keep a watchful eye upon the condition of agriculture, since revenue

must needs decline when agriculture is depressed. There was not in the

Roman world, and there is not in India now, any question of agricultural

depression arising from foreign competition, for no grain came into the

Empire from outside, or comes now into India[14]. But a year of drought,

or, in a long course of years, the exhaustion of the soil, tells heavily

on the agriculturist, and may render him unable to pay his rent or land

tax. In bad years it was the practice of the more indulgent Emperors to

remit a part of the tax for the year: and one of the complaints most

frequently made against harsh sovereigns, or extravagant ones like

Justinian, was that they refused to concede such remissions. A similar

indulgence has to be and is granted in India in like cases.

-----

Footnote 14:

Rice, however, is sent from Lower Burma into India proper.

-----

Finance was the standing difficulty of the Roman as it is of the

Anglo-Indian administrator. Indeed, the Roman Empire may be said to have

perished from want of revenue. Heavy taxation, and possibly the

exhaustion of the soil, led to the abandonment of farms, reducing the

rent derivable from the land. The terrible plague of the second century

brought down population, and was followed by a famine. The eastern

provinces had never furnished good fighting material: and the diminution

of the agricultural population of Italy, due partly to this cause,

partly to the growth of large estates worked by slave labour, made it

necessary to recruit the armies from the barbarians on the frontiers.

Even in the later days of the Republic the native auxiliaries were

beginning to be an important part of a Roman army. Moreover, with a

declining revenue, a military establishment such as was needed to defend

the eastern and the northern frontiers could not always be maintained.

The Romans had no means of drawing a revenue from frontier customs,

because there was very little import trade; but dues were levied at

ports and there was a succession tax, which usually stood at five per

cent. In most provinces there were few large fortunes on which an income

or property tax could have been levied, except those of persons who were

already paying up to their capacities as being responsible for the land

tax assessed upon their districts. The salt tax was felt so sorely by

the poor that Aurelian was hailed as a benefactor when he abolished it.

Studies in history and jurisprudence, volume 1 (of 2) · 第 3 / 40 段