CHAPTER XVI

MANDALAY--THE BOUNDARY COMMISSION

Early in 1897 I was once more in Mandalay, well pleased to be again

among my friends in Upper Burma. In the short period of my charge of

the Mandalay Division occurred the inevitable rising for which the time

was ripe. In Burma a small rebellion breaks out with almost seasonable

regularity. One evening, as I was on the point of going to the Club,

then sumptuously housed in the western halls of the Palace, Mr. (now

Sir George) Scott came in. Instead of going to the Club, we drove round

Mandalay Hill. It was October, and the festival which marks the end

of Buddhist Lent was being celebrated. At the Kuthodaw[249] Pagoda

we alighted and mingled with the crowd. Pwès were being played, and

the scene was vivid with a gay and giddy throng of men, women, and

children, decked with jewels and clad in rainbow-coloured silks. We met

several friends, among them the Shwehlan Myowun, with whom Mr. Scott

renewed an old acquaintance.[250] This was not the time of year when

disturbance is expected. The October festival is one of peace and

good-will, when the shadows of Lent have departed, when merry lights

go sailing down the river, when the prospect of harvest is in sight.

It is, moreover, a sure sign that no trouble is apprehended when women

and children are seen in swarms at pwès and public assemblies. So with

cheerful hearts we resumed our drive, while with unconscious irony I

explained to Mr. Scott the profoundness of our security, our firm hold

on Mandalay, my confidence that nothing untoward could happen without

timely warning. We sat down to dinner, and got as far as coffee and

cheroots. Sir George Scott still regrets that he never tasted that

coffee. For at this moment in ran Mr. Snadden, the Superintendent of

Police, saying: “There is an insurrection. You had better come and see

about it.” When we arrived on the scene, the insurrection had been

suppressed. A very agèd monk had announced himself as the coming King,

the reincarnation of a Prince dead some centuries ago. He possessed

the power of making his followers invisible and invulnerable, always

an advantage, especially to a small force contending against superior

numbers. Perhaps his forces would not be so small, for presently he

would throw leaves into the air and they would come down as armed men.

His occult power he proved by walking thrice round his monastery and

disappearing from sight. “Of course,” said the Kinwun Mingyi, as he

related the story afterwards, not wishing to impose upon my simplicity,

“he hid himself somewhere.” With such old wives’ tales, and with

promises of place and power, he beguiled a score of wretched dupes,

mostly as old as himself. They sat and plotted beneath the humble

mat-and-thatch monastery where the monk lived. My confidence that we

should be warned in time was not misplaced. The local police inspector

was told by a woman that a conspiracy was being hatched. The cry of

“Wolf!” had been so often raised that he was mildly incredulous. When

she led him to see the conspirators, and he found a lot of old men

telling their beads, his unbelief was confirmed, and he declined to

listen to the story. His want of faith cost him his appointment.

When the eventful evening came, armed only with swords and short

spears hidden in the sleeves of their jackets, without a firearm of

any kind, the little band marched to the taking of the walled city

of Mandalay, garrisoned by two or three regiments. Their goal was

the Palace where, said the monk, “when I take my seat on the throne,

Burma will be my kingdom and the heretic kalas will flee.” Almost at

the outset, they were diverted from their purpose. Crossing the moat

by the South Bridge, they came upon a British soldier walking with an

Englishwoman. “Behold the enemy; slay them,” cried the mad monk. Hotly

pursued, the luckless pair ran through the South Gate.[251] I regret

to say that the police guard at the gate fled. Close by, in a large

compound, stood the house of Major W. H. Dobbie[252] of the Indian

Army. The woman ran along the garden fence, while the man darted in and

gave the alarm. Then this nameless hero, alone and unarmed, went back

to help his companion and met death unafraid. The woman, grievously

wounded, survived. With his revolver, and supplied with cartridges

by his gallant wife, Major Dobbie ran out and met the rebels at his

gate. Single-handed, he held them at bay, doing much execution, till

some other officers, attracted by the firing, came to his aid and

completed the rout. In the city gateway a running fight ensued. The

white walls were splashed with blood which long remained a memorial of

that stirring night. One officer received a cut on the head. Of the

rebels, five, including the leader, were killed and most were wounded.

If the band had pursued its original intention and made straight for

the Palace, it would have come upon a few peaceful gentlemen sitting

at dinner in the club with no weapons of defence handier than chairs

and table-knives. The attempt was an isolated affair, of no political

significance, confined to the few fanatics actually engaged. Patrols

were sent out and rewards proclaimed. Within a week we picked up all

the surviving rebels. After trial, ten were hanged in the presence of

many spectators; the rest were sent to transportation. In the jail I

spoke to one of the leaders, a man of fair position, somewhat past

middle age, the Kappiya-taga[253] of the dead monk’s monastery. He

explained that he had no enmity or cause of enmity against Government.

Ambition was the motive which impelled him. He was to be the new King’s

Chief Minister. The fortune of war being against him, he submitted to

the penalty without complaint.

The story is pitiful enough. These petty risings are of periodical

occurrence, and seem to be peculiar to Burma. Three or four have broken

out in the last few years. They are never of sufficient importance

to cause any anxiety to Government. The sorrow and misery fall on

ignorant, misguided peasants who are led astray by some _soi-disant_

Prince. Always a pretender to royal blood, a Minlaung or embryo Prince,

with power to work marvels, to bring fire forth from his arm, to

kindle mystic lights, or cause gilding to be laid by unseen hands on a

pagoda; always fairy-tales of charms against death and wounds. It seems

impossible to cure this insane disease of flocking to a pretender’s

standard. For the sake of the people themselves, these outbreaks must

be suppressed with severity. We used to regard crimes against the State

as crimes of the worst character, not as venial offences to be treated

tenderly. This is the only kind of sedition which has hitherto troubled

Burma. The mass of the people, no less than the educated classes, are

too proud to follow demagogues from Bombay or Bengal. They seem to be

too intelligent to hanker after representative institutions unsuited to

the genius of the race. Recognizing that they already take a great part

in the administration, they feel assured that as they show themselves

fit, higher offices will be thrown open to their ambition. Enlightened

Burmans see that the good of the people is the sole desire of

Government, and that this is promoted by due submission to constituted

authority, not by liberty of fluent rhetoric. While, therefore, other

parts of India were seething with sedition, Burma alone remained

unmoved, pursuing its steady march of progress. The speed of the march

would be accelerated if Burma had more of its own money to spend,

and if it were not often hampered by being made to conform to Indian

precedents. All that we knew of sedition was the deportation of certain

ring-leaders to Burma, where they were not likely to be regarded with

any interest or sympathy.

Towards the close of this year I relinquished charge of the Division

on appointment to be Her Majesty’s Commissioner for demarcating the

boundary between Burma and China. The settlement of this boundary had

long been under discussion between the two Governments. In 1893 had

been concluded a Convention fixing a boundary-line very unfavourable to

Burma. As already mentioned, Sima went to China and farther south the

frontier was drawn perilously near Bhamo. Fortunately, an opportunity

of revising this Convention occurred. The new Agreement laid down a

line more practical and more in accordance with historical evidence. In

the winter of 1897 a Joint Commission was appointed to ascertain and

demarcate on the ground the frontier defined in the revised Convention.

Mr. E. C. S. George was Assistant Commissioner. My Chinese colleague

was General Liu, with several Chinese assistants and a telegraph

clerk as interpreter. The Commission assembled at Bhamo as arranged.

A few days were spent in settling preliminaries and exchanging

courtesies. General Liu and his officers dined with us and we in turn

were entertained at a Chinese feast. With some confidence, we set out

for the frontier. Mr. George, with one of the Chinese Commissioners,

was deputed to demarcate north of the Taiping as far as the high

conical peak in latitude 25° 35′, the extreme point mentioned in the

Convention. With his customary vigour and decision, overcoming many

difficulties, he accomplished his task. General Liu and I proposed to

demarcate south of the Taiping. Of the party were Mr. W. Warry[254]

of the China Consular Service, Major F. B. Longe[255] of the Survey

of India, Captain E. W. M. Norie[256] of the Middlesex Regiment,

Intelligence Officer, and Mr. D. W. Rae of the Provincial Service,

an officer of tried experience in the Kachin Hills. Captain J. W. L.

ffrench-Mullen[257] commanded the modest escort of a hundred rifles of

military police.

We marched due east, through the pleasant hill-station of Sinlumgaba,

past terraced rice-fields watered by ingenious irrigation works, over

shallow streams. With more than the wonted vigour of Chinese officials,

General Liu exchanged his sedan-chair for a rough pony, and rode at

the head of his ragged escort. The result did not justify the promise

of the beginning. Almost at the outset, in circumstances with which I

need not weary my readers, we came to a deadlock. Though the case was

obviously one for compromise, General Liu, most courteous and most

obstinate of men, declined to come to terms. There was no alternative

but to refer the matter to our respective Governments, and await their

orders. So after a very few days we settled down on the banks of a

stream which up to that time had marked the provisional boundary.

Four weary months we spent beside that miserable stream, our escort on

the Burmese side, the Chinese escort on the farther bank, occupying our

time in sending urgent appeals to Government, and in holding endless

conferences with our Chinese colleagues. Our men, disciplined and well

equipped, were under canvas, properly rationed and cared for by our

medical officer. Among them were a few Kachins recently enlisted, very

smart and proud of their new uniforms. Boots were to them at once a

source of glory and of pain. Most of them marched bare-footed, carrying

the precious but weary burden slung on their shoulders. In a village

they put them on and swaggered about for the admiration of the girls.

Hardy and brave, these mountaineers are likely to prove excellent

material for military police, perhaps even for the regular army. This

season they were blooded in a small affair which Mr. H. F. Hertz had

with an intrusive body of Chinese. They were among the first to scale

the enemy’s stockade. There are now several companies of Kachins in the

battalions at Bhamo and Myitkyina. General Liu had his hundred Chinese

braves, clad in picturesque rags, undisciplined, armed with the latest

thing in rifles, which they had no idea how to use. They carried no

tents, and had to house themselves in huts of leaf and bamboo. The

comfortable arrangements made for our military police filled them with

envy, and they gratefully accepted the attention of our surgeon. We

could have enlisted as many as we pleased if we had wished to raise

a Chinese battalion. They impressed us as being good raw material

and quite well behaved, but in their existing conditions entirely

useless as a fighting force. The futility of Chinese troops against

a disciplined army has been abundantly exemplified on this frontier.

Notwithstanding warnings and alarms in the Press of the presence of

formidable arrays trained by German or Japanese instructors, and armed

with rifles of the very newest pattern, we have never encountered from

Yunnan a Chinese levy capable of standing up to our military police,

far less to a British force of all arms.

General Liu was a sturdy old man, who had seen service in the field.

Although he succeeded in wasting the whole season, and broke solemn

compacts with a serene smile, our relations on the whole were

friendly. He wrote me innumerable despatches, adorned with the noblest

moral sentiments, but in substance quite inconsequent. This was in

accordance with established tradition. Very often he crossed over

to our camp and talked for hours, probably for the benefit of his

assistants and the egregious telegraph clerk. After drinking a liqueur,

he would return to his own side of the stream, conscious of a morning

well spent, and sit under a tree, cooling his head after the heat of

argument. Among interesting visitors to his camp were Sawbwas of the

Chinese Shan States, which lie along the border. These chiefs occupy

very much the same position as those of our own Shan States. At times

they enjoy greater freedom, at times are more severely repressed,

than their brothers in Burma. One of them cherished a beard which

Shagpat might have envied; except on occasions of display, he kept

it encased in a bag. Incidentally we were surprised by the arrival

in our camp of two English travellers, who announced that they had

travelled through China, and had just come from Lasa. Their report was

received with derision by a correspondent, who thought that Lasa was

the storied capital of Tibet, then untrodden ground. Their Lasa is one

of the Chinese Shan States. In the course of the season we had a very

effective eclipse, and were privileged to witness the Chinese beating

gongs and making an incredible noise to frighten away the dragon

devouring the sun, a custom of which we had heard, but hitherto had

only in part believed to exist.

Such were the trivial incidents which helped to pass the weary days,

as we sat in our tents pitched in the midst of bare rice-fields, on

a plateau some four thousand feet above the sea. Till the middle of

March the climate was cold and bracing, with a sharp frost that covered

buckets of water with ice an inch or two thick, at first an object of

surprise and admiration to my Burman boy from the plains. We diverted

ourselves as best we might, and from first to last were all good

friends. By the camp-fire at night many a story was told. But that it

was a monotonous time cannot be gainsaid. Even the resource of shooting

was almost entirely absent. The hills swarmed with guns, old-fashioned

muskets for the most part, and the Kachins very successfully kept

down the game. We rode about the country for relaxation, visiting

Kachin villages, and making the acquaintance of many Duwas. The most

interesting was the blind Chief of Matang (Matin), a man of real

influence, who had been of service to Colonel Sladen on his mission to

Yunnan in 1868. Once or twice we visited Sinlumgaba, already mentioned

as a budding hill-station, and were cordially welcomed by the gunners

out for practice at the neighbouring hill of Imlumshan. Somehow or

other the months passed, in daily expectation of orders from Government

enabling us to make a start. I do not know what was the cause of the

delay. At last, at the end of the season, the long-awaited orders

came. But it was too late. We parted from General Liu with mutual

protestations of respect and affection. In spite of his obstinacy,

duplicity, and pious dissertations, I could not help liking the old man.

After writing my report and forming plans for the ensuing season, I

acted for a time as Judicial Commissioner of Upper Burma. Towards the

end of 1898 the permanent appointment became vacant, owing to the

lamented death of Mr. Burgess. I was given the option of succeeding

him or of retaining the office of Boundary Commissioner. I accepted

the post of Judicial Commissioner. The demarcation of the boundary was

successfully carried out in the next two seasons by Sir George Scott

and Mr. George.

Judicial work in Upper Burma, which occupied me for the next two years,

was interesting but not exciting. The volume of work was sufficient,

not beyond the pursuit of zeal and industry. The forensic part was

varied and often entertaining, involving many studies of Buddhist law

and indigenous customs. Though not a very litigious people, Burmans

hate being treated, as they think, unjustly. I have known a case where

only a few pence were at stake carried through all the Courts up to

Mandalay. Besides hearing appeals and revisions as a High Court, the

Judicial Commissioner had to supervise, and, where necessary, instruct

the subordinate judiciary. The judicial system was less elaborate

than in other Provinces, and many magistrates and Judges retained

characteristics acquired under Burmese rule. They did their best, and

administered what was perhaps at times a wild kind of justice. They had

the Civil Procedure Code thrust on them, _me judice_, at too early

a date, but they bore the infliction with resignation. The Judicial

Commissioner’s duties involved a fair amount of administration and a

good deal of inspection. With the members of the small but efficient

Bar his relations were friendly and cordial.

The Judicial Commissioner held sway within the limits of his powers

over all Upper Burma save, mercifully for them, the Shan States and the

Chin and Kachin Hills. Inspections included many parts of the Province

by me before unvisited. Of these brief visits, full of interest at

the time, it were tedious to write at length. A sample may be given.

Early one morning I landed at a wayside village to inspect the township

court. A graceful little pandal[258] had been erected wherein I was

invited to witness a pwè before beginning work. Innocently consenting,

I took my seat and the performance began. Dancers came, not single

spies, but in battalions. Every village in the neighbourhood had sent

its troupe, each eager in succession to display its skill and grace.

Except one, all the companies consisted of quite young girls, not

professionals, but daughters of the village. The last turn was given

by a band of small boys delightfully dressed in green jackets and

knickerbockers. This was much more amusing than turning over dusty

files and registers. But all good things come to an end, and after

some pleasant hours I had reluctantly to obey the call of duty. In

the end, I breakfasted at 5 o’clock tea. There is a sequel to the

story. On my return to Mandalay I received a petition signed by the

girls of one of the troupes. It was more clement than the petition of

Salome. The memorialists had danced, and I had been pleased to look and

express approval. Such poor skill as they had was due to the training

of their saya.[259] This worthy man had fallen on evil days. By the

craft and subtlety of his enemies, he had been wrongfully prosecuted

for embezzlement, unjustly convicted, and barbarously sentenced to

imprisonment. If he stayed in durance, his lessons would be forgotten,

and his pupils would be able to dance no more. Would I kindly, as a

personal favour to them, order his instant release? The impulse of the

natural man was to grant on the spot this ingenuous gracefully worded

request. Hardening my heart, I yet examined the record of the trial

with every desire to find a reason for intervention. Alas! I could not

convince myself that the saya was an injured innocent. All that the

girls got by their memorial was a civil answer, in which I tried to

explain why their request could not be granted. I hope they gave me

credit for the wish to help them.

It should be a truism, but is too seldom recognized, that the less the

higher Courts interfere, especially on technical grounds, the better.

Now and then, however, it was pleasing to be able of one’s own motion

to throw open the prison gates. Very gratifying it was to set at

liberty a man sentenced to a long term of imprisonment for exceeding

the right of private defence against an armed robber. To me he seemed

deserving of reward rather than punishment. I doubt if any act of my

official life gave me greater pleasure than restoring a young woman to

freedom. Inspecting a gaol, I found a young Burmese girl, the solitary

occupant of the woman’s side. In an agony of grief at her husband’s

sudden death she had tried to commit suicide. For this heinous crime

she had been sentenced to imprisonment for three months. On her ready

promise not to do it again, I was able to release her at once.

For a few weeks in 1899, by arrangement with Mr. F. S. Copleston, C.S.,

who, solely for my convenience, changed places with me, I held the

office of Judicial Commissioner of Lower Burma, a thankless post, of

which the work exceeded my capacity.

In 1900 the Chief Court of Lower Burma was established, Mr. Copleston

becoming the first Chief Judge. The selection was vehemently

criticized, the local Bar and Press clamouring for the appointment of a

barrister and for Mr. Copleston’s head on a charger. I should like to

explain the reasons which may be urged in support of the appointment of

a civilian. The judicious skipper will perhaps be warned, and avoid the

next page or two. It is open to argument that there should not be any

civilian Judges; that, as in England, all Judges should be barristers

trained in forensic practice. This argument is not seriously advanced

by anyone conversant with the conditions, and need not be traversed

at length. But the situation may be briefly stated. From the beginning

of their service, civilians are constantly doing judicial work, always

criminal, generally civil. In the five-and-twenty years or so that

pass before they are likely to enter a High or Chief Court, those who

have any aptitude or inclination for legal studies have had abundant

experience and have acquired a good stock of learning. Where there

is a division between the executive and judicial branches, certain

officers specialize almost exclusively. Civilians of my own standing

had even an earlier training. During their term of probation law formed

a prominent part of their reading. Periodical examinations tested their

proficiency, and they had also to attend Courts and prepare notes of

cases. They saw in practice the daily working of Courts under the

presidency of the best Judges and magistrates in England. A selected

candidate who failed at the Final Examination to qualify in law was

ruthlessly rejected, excluded for ever from the paradise of the Civil

Service. It is thought by some not unintelligent persons that in the

trial of civil and criminal causes it is an advantage for the Judge to

have knowledge of the language, customs, and character of the people

concerned. Apart from this, every High and Chief Court in India has

civilian Judges, by common consent as well qualified as their barrister

colleagues. So much for the appointment of any civilians as Judges.

Now for the question of the Chief Judge. In the Chief Court of Lower

Burma, with which we are immediately concerned, in forensic business

the Chief Judge has no more weight or authority than any of his puisne

brothers. Only when all the Judges are sitting as a Bench, and when

they are equally divided, has the Chief Judge a casting-vote. As yet

that instance has not happened. Ordinarily, in court the Chief Judge

is on terms of exact equality with his colleagues. As a member of a

Bench he can be outvoted by his juniors. His decision as a single judge

can be considered, modified, or overruled by a Bench, of which he may

or may not be a member. So far as judicial work is concerned, every

objection to the appointment of a civilian as Chief Judge can be urged

with equal force to the appointment of any civilians as Judges. But

the work is not exclusively judicial. It includes also administrative

functions. The Chief Court initiates or advises upon many matters

connected with the judicial administration. All subordinate Judges

and magistrates, most of them Burmans, are under its supervision. In

this branch of the duties of the Court the leading part is necessarily

taken by the Chief Judge. It is therefore desirable that he should

have administrative experience, and, if possible, good knowledge of

the people. For these reasons public interest is better served by

the selection of a civilian as Chief Judge. I do not care to discuss

the vulgar suggestion, not seriously made by any decent person, that

civilian Judges are more likely to be subservient to Government than

barristers. No one believes this; nor would it apply particularly to

the Chief Judge, who, as I have said, has no more power judicially

than his colleagues. The only sound rule is for Government to appoint

as Chief Judge the man believed to be best qualified for the office,

whether civilian or barrister, bearing in mind that administrative as

well as purely legal qualifications are requisite.

Some time ago there was an agitation for the establishment of a High

Court for Burma in place of the Chief Court and Judicial Commissioner.

No doubt Judges of the Chief Court should receive the same pay as

Judges of a High Court. They do exactly the same work, and are of

the same standing. Apart from this, in my humble judgment, the

establishment of a High Court would be an unmixed evil. Upper Burma is

not ripe for even the mild sway of the Chief Court. For both litigants

and Judges it is better to remain under the sympathetic control of

the Judicial Commissioner, whose learning is tempered by sympathy

with the people. It would also be disastrous for suitors from Upper

Burma to have to come to Rangoon, practically a foreign city, instead

of Mandalay, where they are at home. Besides these objections, the

establishment of a High Court would involve the appointment on every

occasion of a barrister Chief Justice, which I hope I have shown to be

inexpedient. As puisne Judges, barristers would be sent from England.

One need not believe spiteful stories of political jobs, and one

may respect many Judges of High Courts; but it cannot be contended

that an Indian career now attracts the pick of the English Bar, men

in first-class practice or with good prospects. Recent experience

has, I trust, quenched whatever desire there may have been for the

establishment of a High Court in Rangoon. But enough of controversy.

At the end of 1898 Lord Elgin visited Burma, on the very eve of his

departure from India.

In the last few months of my last residence in Mandalay, no suitable

house being available, I occupied my old quarters in the Palace, with

the White Pavilion[260] opposite. Except for the Club on the western

side and a few offices, the Palace was untenanted. Burmans ranged it

at will, much interested in pacing its corridors and examining its

stately rooms. They certainly did not regard the Palace with awe or

reverence, but were well pleased to satisfy their curiosity. On feast

days crowds came to picnic in the gardens and loitered in my courtyard.

All climbed up the Queen’s Tower, and all counted the steps as they

descended. At night, save for a few watchmen, most of the Palace was

left in solitude. Very striking was the effect as one’s footsteps

sounded hollow on the boarded floors, while the tropic moon flooded

the columned arcades with unearthly light. Revolving many memories and

picturing many scenes of bygone days, I traversed the deserted halls.

At the end of 1900, the day after the completion of my obligatory

service in India, I went on furlough, free to retire at the end of two

years. Mr. Harvey Adamson[261] succeeded to the appointment.

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