British India, many small items of revenue are paid by the government
for the support of temples, priests, idols, and ceremonies pertaining to
the Hindoo and Mohammedan religions. Edwardes urged that these payments
should cease, as a disgrace to a Christian government. Lawrence pointed
out that this withdrawal could not be effected without a gross breach of
faith. The revenues in question belonged to those religious bodies
before England ‘annexed’ the states, and were recognised as such at the
time of the annexation. They are a property, a claim on the land, like
tithes in England, or like conventual lands in Roman Catholic countries.
They are not, and never have been, regarded as religious offerings or
gifts. We seized the lands; but if we were to withhold the revenues
derived from those lands, on the ground that the religious services are
heathen, it would be a virtual persecution of heathenism, and, as such,
repugnant to the mild principles of Christianity. Lawrence believed that
the payments might so be made as not to appear to encourage idolatry;
but he would not listen to any such breach of faith as withholding them
altogether.
3. _Recognition of Caste._—Colonel Edwardes, in common with many other
persons, believed that the British government had pandered too much to
the prejudices of caste, and that this system ought to be changed.
Lawrence pointed out that it was mainly in the Bengal army that this
prevailed, and that the custom arose out of very natural circumstances.
Brahmins and Rajpoots were preferred for military service, because they
were generally finer men than those of lower castes, because they were
(apparently) superior in moral qualifications, and because they were
descended from the old soldiers who had fought under Clive and our early
generals. Our officers became so accustomed to them, that at length they
would enlist no others. Being more easily obtained from Oude than from
any other province, it came to pass that the Bengal army gradually
assumed the character of a vast aggregate of brotherhoods and
cousinhoods—consisting chiefly of men belonging to the same castes,
speaking the same dialects, coming from the same districts, and
influenced by the same associations. It was the gradual growth of a
custom, which the Revolt suddenly put an end to. Lawrence denied that
the government had shewn any great encouragement to caste prejudices,
except in the Bengal army. He believed that an equal error would be
committed by discouraging the higher and encouraging the lower castes.
What is wanted is, a due admixture of all, from the haughty Brahmin and
Rajpoot castes, down to the humble Trading and Sweeper castes. Whether
all should be combined in one regiment, or different regiments be formed
of different castes, would depend much on the part of India under
notice. Christianised natives would probably constitute valuable
regiments, as soon as their number becomes sufficiently great. On all
these questions of caste, the two authorities differed chiefly
thus—Edwardes would beat down and humble the higher castes; Lawrence
would employ all, without especially encouraging any.
[Illustration:
Fort St George, Madras; in 1780.
]
4. _Observance of Native Holidays in State Departments._—Native servants
of the government were usually allowed to absent themselves on days of
festival or religious ceremony. Edwardes proposed to reform this, as
being a pandering to heathen customs, unworthy of a Christian
government. Lawrence contended that such a change would be a departure
from the golden rule of ‘doing unto others that which we would they
should do unto us.’ A Christian in a Mohammedan country would think it
cruel if compelled to work on Sunday, Good Friday, or Christmas-day; and
so would the Hindoo and Mussulman of India, if compelled to work on
their days of religious festival. Lawrence thought that the number might
advantageously be lessened, by restricting the list to such as were
especial religious days in the native faiths; but beyond this he would
not curtail the privilege of holiday (holy day). He adverted to the fact
that the Christian Sunday is made obvious to the natives by the
suspension of all public works.
5. _Administration by the British of Hindoo and Mohammedan
Laws._—Edwardes deemed it objectionable that England should to so great
an extent suffer native laws to be administered in India. Lawrence
replied that it is the policy of conquerors to interfere as little as
possible in those native laws which operate only between man and man,
and do not affect imperial policy. He drew attention to the fact that
Indian legislation had already made two important steps, by legalising
the re-marriage of Hindoo widows, and by removing all possible civil
disabilities or legal disadvantages from Christian converts; and he
looked forward to the time when it might perhaps be practicable to
abolish polygamy, and the making of contracts of betrothal by parents on
behalf of infant children; but he strenuously insisted on the importance
of not changing any such laws until the government can carry the
good-will of the natives with them.
6. _Publicity of Hindoo and Mohammedan Processions._—It was urged by
Edwardes that religious processions ought not to be allowed in the
public streets, under protection of the police. Lawrence joined in this
opinion—not, however, on religious grounds, but because the processions
led to quarrelling and fighting between rival communions, and because
the Hindoo idols and pictures are often of a character quite unfitted
for exhibition in public thoroughfares.
7. _Display of Prostitution in the Streets._—This aspect of social
immorality is far more glaring in many parts of India than in European
cities, bad as the latter may be. Edwardes recommended, and Lawrence
concurred in the recommendation, that the police arrangements should be
rendered more stringent in this matter.
8. _Restrictions on Marriage of European Soldiers._—Great restrictions
were, in bygone years, imposed by the Company on the marriage of
European soldiers; and a shameful disregard shewn for the homes of those
who were married. Edwardes condemned this state of things; and Lawrence
shared his views to a great extent. He asserted that men are not better
soldiers for being unmarried—rather the reverse; and that women and
children, in moderate numbers, need not be any obstruction to military
arrangements. Some change in this matter he recommended. He pointed out,
however, that in reference to the comfort of married soldiers, great
improvements had been introduced into the Punjaub, and improvements to a
smaller extent in other parts of British India. He fully recognised the
bounden duty of the government so to construct barracks as to provide
for the proper domestic privacy of married soldiers and their families.
9. _Connection of the Government with the Opium-trade._—Edwardes dwelt
on the objectionable character of this connection. Lawrence replied that
the English were not called upon to decide for the Chinese how far the
use of opium is deleterious; and that, until we checked our own
consumption of intoxicating liquors, we were scarcely in a position to
take a high moral tone on this point. He nevertheless fully agreed that
it was objectionable in any government to encourage the growth of this
drug, actively supervising the storing and selling, and advancing money
for this purpose to the cultivators. It was a revenue question,
defensive wholly on financial grounds. How to provide a substitute for
the £4,000,000 or £5,000,000 thus derived would be a difficult matter;
but he thought the best course would be to sever the connection between
the government and the opium-trade, and to lay a heavy customs duty on
the export of opium from India.
10. _Indian Excise Laws._—It was contended by Edwardes that the
government encouraged intemperance by farming out to monopolists the
right of manufacturing and selling intoxicating drugs and spirits.
Lawrence contested this point. He asserted that there is less
drunkenness in India, less spirit-drinking and drug-chewing, than under
the former native rule, when the trade was open to all. As a question of
morals, the Indian government does no more than that of the home
country, in deriving a revenue from spirituous liquors; as a question of
fact, the evils are lessened by the very monopoly complained of.
Sir John Lawrence, in a few concluding remarks, expressed a very strong
belief that Christian civilisation may be introduced gradually into
India if a temperate policy be pursued; but that rash zeal would produce
great disaster. ‘It is when unchristian things are done in the name of
Christianity, or when Christian things are done in an unchristian way,
that mischief and danger are occasioned.’ He recommended that as soon as
the supreme government had organised the details of a just and
well-considered policy, ‘it should be openly avowed and universally
acted on throughout British India; so that there may be no diversities
of practice, no isolated or conflicting efforts, which would be the
surest means of exciting distrust; so that the people may see that we
have no sudden or sinister designs; and so that we may exhibit that
harmony and uniformity of conduct which befits a Christian nation
striving to do its duty.’ Finally, he expressed a singularly firm
conviction that, so far as concerns the Punjaub, he could himself carry
out ‘all those measures which are really matters of Christian duty on
the part of the government:’ measures which ‘would arouse no danger,
would conciliate instead of provoking, and would subserve the ultimate
diffusion of the truth among the people.’
It wants no other evidence than is furnished by the above very
remarkable correspondence, to shew that the future government of India
must, if it be effective, be based on some system which has been well
weighed and scrutinised on all sides. The problem is nothing less than
that of governing a hundred and eighty millions of human beings, whose
characteristics are very imperfectly known to us. It is a matter of no
great difficulty to write out a scheme or plan of government,
plentifully bestrewed with personalities and accusations; there have
been many such; but the calm judgment of men filling different ranks in
life, and conversant with different aspects of Indian character, can
alone insure the embodiment of a scheme calculated to benefit both India
and England. Whether the abolition of the governing powers of the East
India Company will facilitate the solution of this great problem, the
future alone can shew; it will at any rate simplify the departmental
operations.
The Queen’s proclamation, announcing the great change in the mode of
government, and offering an amnesty to evildoers under certain easily
understood conditions, adverted cautiously to the future and its
prospects. Before, however, touching on this important document, it may
be well to say a few words concerning the military operations in the few
weeks immediately preceding its issue.
These operations, large as they were, had resolved themselves into the
hunting down of desperate bands, rather than the fighting of great
battles with a military opponent. Throughout the whole of India, in the
months of October and November, disturbances had been nearly quelled
except in two regions—Oude, with portions of the neighbouring provinces
of Rohilcund and Behar; and Malwah, with portions of Bundelcund and the
Nerbudda provinces. Of the rest—Bengal, Assam and the Delta of the
Ganges, Aracan and Pegu, the greater portion of Behar and the Northwest
Provinces, the Doab, Sirhind and the hill regions, the Punjaub, Sinde,
Cutch and Gujerat, Bombay and its vicinity, the Deccan under the Nizam,
the Nagpoor territory, the Madras region, Mysore, the South Mahratta
country, the south of the Indian peninsula—all were so nearly at peace
as to excite little attention. Of the two excepted regions, a few
details will shew that they were gradually falling more and more under
British power.
In the Oude region the guiding spirit was still the Begum, one of the
wives of the deposed king. She had the same kind of energy and ability
as the Ranee of Jhansi, with less of cruelty; and was hence deserving of
a meed of respect. Camp-gossip told that, under disappointment at the
uniform defeat of the rebel troops whenever and wherever they
encountered the English, she sent a pair of bangles (ankle-ornaments) to
each of her generals or leaders—scoffingly telling him to wear those
trinkets, and become a woman, unless he could vanquish and drive out the
Feringhees. This had the effect of impelling some of her officers to
make attacks on the British; but the attacks were utterly futile. There
were many leaders in Oude who fought on their own account; a greater
number, however, acknowledged a kind of suzerainty in the Begum. If she
did not win battles, she at least headed armies, and carried on open
warfare; whereas the despicable Nena Sahib, true to his cowardice from
first to last, was hiding in jungles, and endeavouring to keep his very
existence unknown to the English. The military operations in Oude during
the month of October were not extensive in character. Sir Colin Campbell
(Lord Clyde), waiting for the cessation of the autumnal rains, was
collecting several columns, with a view of hemming in the rebels on all
sides and crushing them. That they would ultimately be crushed,
everything foretold; for in every encounter, large or small, they were
so disgracefully beaten as to shew that the leaders commanded a mere
predatory rabble rather than a brave disciplined soldiery. These
encounters were mostly in Oude, but partly in Behar and Rohilcund. In
the greater number of instances, however, the rebels ran instead of
fighting, even though their number was tenfold that of their opponents.
The skilled mutinied sepoys from the Bengal army were becoming daily
fewer in number, so many having been struck down by war and by
privation; their places were now taken by undisciplined ruffians, who,
however strong for rapine and anarchy, were nearly powerless on the
field of battle. Thousands of men in this part of India, who had become
impoverished, almost houseless, during a year and a half of anarchy, had
strong temptation to join the rebel leaders, from a hope of booty or
plunder, irrespective of any national or patriotic motive. Sir Colin,
when the month of November arrived, entered personally on his plan of
operations; which was to bar the boundaries of Oude on three sides—the
Ganges, Rohilcund, and Behar—and compel the various bodies of rebels
either to fight or to flee; if they fought, their virtual annihilation
would be almost certain; if they fled, it could only be to the jungle
region on the Nepaul frontier of Oude, where, though they might carry on
a hide-and-seek game for many months, their military importance as
rebels would cease. In the dead of the night, between the 1st and 2d of
November, the veteran commander-in-chief set forth from Allahabad with a
well-selected force, crossed the Ganges, and advanced into Oude. His
first work was to issue a proclamation,[203] sternly threatening all
evildoers. A few days earlier, at Lucknow, Mr Montgomery, as
chief-commissioner, had issued a proclamation for the disarming of
Oude—requiring all thalookdars to surrender their guns, all persons
whatever to surrender their arms, all leaders to refrain from building
and arming forts; and threatening with fine and imprisonment those who
should disobey. It was intended and believed that the three
proclamations should all conduce towards a pacification—the Queen’s
(presently to be noticed) offering pardon to mutineers who yielded; the
Commander-in-chief’s, threatening destruction to all towns and villages
which aided rebels; and the commissioners’, lessening the powers for
mischief by depriving the inhabitants generally of arms. With Sir Colin
advancing towards the centre of Oude by Pertabghur, troops from
Seetapoor, Hope Grant from Salone, and Rowcroft from the Gogra at
Fyzabad, the Begum and her supporters were gradually so hemmed in that
they began to avail themselves of the terms of the Queen’s proclamation
by surrender. It was to such a result that the authorities had from the
first looked; but never until now had all the conditions for it been
favourable. One of the first to surrender was Rajah Lall Madhoo Singh, a
chieftain of great influence and energy, and one whose character had not
been stained by deeds of cruelty.
In the Arrah or Jugdispore district, in like manner, the close of the
scene was foreshadowed. Ummer Singh and his confederates had long
baffled Brigadier Douglas; but now that troops were converging from all
quarters upon the jungle-haunt, the rebels became more and more isolated
from bands in other districts, their position more and more critical,
and their final discomfiture more certain. Sir H. Havelock, son of the
deceased general, and Colonel Turner, pressed them more and more with
new columns, until their hopes were desperate. One excellent expedient
was the cutting down of the Jugdispore jungle, 23 miles in length by 4
in breadth; this useful work was begun in November by Messrs Burn,
railway contractors.
In the other region of India above adverted to—comprising those
districts of Malwah, Bundelcund, &c., which are watered by the Betwah,
the Chumbul, the Nerbudda, and their tributaries—the leading rebel was
Tanteea Topee, one of the most remarkable men brought forward by the
Revolt. He had most of the qualities for a good general—except courage.
He would not fight if he could help it; but in avoiding the British
generals opposed to him, he displayed a cunning of plan, a fertility of
resource, and a celerity of movement, quite note-worthy. The truth seems
to have been, that he held power over an enormous treasure, in money and
jewels, which he had obtained by plundering Scindia’s palace at Gwalior;
this treasure he carried with him wherever he went; and he shunned any
encounters which might endanger it. He looked out for a strong city or
fort, where he might settle down as a Mahratta prince, with a large
store of available ready wealth at hand; but as the British did not
choose to leave him in quietude, he marched from place to place. Between
the beginning of June and the end of November he traversed with his army
an enormous area of country, seizing guns from various towns and forts
on the way, but usually escaping before the English could catch him.
Former chapters have shewn by what strange circumvolutions he arrived at
Julra Patteen; and a detail of operations would shew that his subsequent
movements were equally erratic. He went to Seronj, then to Esagurh, then
to Chunderee, then to Peshore, then arrived at the river Betwah, and
wavered whether he should go southward to the Deccan or northward
towards Jhansi. Everywhere he was either followed or headed, by columns
and detachments under Michel, Mayne, Parkes, Smith, and other officers.
Whenever they could bring him to an encounter, they invariably beat him
most signally; but when, as generally happened, he escaped by forced
marches, they tracked him. He picked up guns and men as he went; so that
the amount of his force was never correctly known; it varied from three
to fifteen thousand. One of the most severe defeats he received was at
Sindwah, on the 19th of October, at the hands of General Michel;
another, on the 25th, near Multhone, from the same active general. It
was felt on all sides that this game could not be indefinitely
continued. Tanteea Topee was like a hunted beast of prey, pursued by
enemies who would not let him rest. When it had been clearly ascertained
by General Roberts, in Rajpootana, that the fleet-footed and
unencumbered rebel soldiery could escape faster than British troops
could follow them, a new mode of strategy was adopted; columns from four
different directions began to march towards a common centre, near which
centre were Tanteea and his rebels; if one column could not catch him,
another could head him and drive him back. Thus it was considered a
military certainty that he must be run down at last. And if he fell, the
great work of pacification in that part of India would be pretty well
effected; for there was no rebel force of any account except that
commanded by Tanteea Topee. After his defeat at Multhone, Tanteea was in
great peril; Michel literally cut his army in two; and if he had pursued
the larger instead of the smaller of these two sections, he might
possibly have captured Tanteea himself. On the last day in October, the
rebel leader crossed the Nerbudda river, thereby turning his back on the
regions occupied by the columns of Roberts, Napier, Michel, Smith, and
Whitlock. During November, he made some extraordinary marches in the
country immediately southward of the Nerbudda—being heard of
successively at Baitool, the Sindwara hills, and other little-known
places in that region. He was no better off than before, however, for
forces were immediately sent against him from Ahmednuggur, Kamptee, and
other places; he had lost nearly all his guns and stores, his rebel
followers, though laden with wealth, were footsore and desponding; and,
for the first time, his companions began to look out for favourable
terms of surrender. The Queen’s proclamation was eminently calculated to
withdraw his misguided followers from him; and the Nawab of Banda, the
most influential among them, was the first to give himself up to General
Michel.
Not only was a large measure of forgiveness held out to those who would
return to their allegiance; but the British troops in India were
becoming so formidably numerous as to render still more certain than
ever the eventual triumph of order and good government. The Queen’s
troops in India at the beginning of November, those on the passage from
England, and those told off for further shipment, amounted altogether to
little short of one hundred thousand men. It affords a striking instance
of triumph over difficulties, that between November 1857 and November
1858 the Peninsular and Oriental Steam-navigation Company conveyed no
less than 8190 officers and soldiers to India by the overland route—in
spite of the forebodings that that route would be unsuitable for whole
regiments of soldiers; the burning Egyptian desert and the reef-bound
Red Sea were traversed almost without disaster, under the watchful care
of this company.
The 1st of November 1858 was a great day in India. On this day the
transference of governing power from the East India Company to Queen
Victoria was made known throughout the length and breadth of the empire.
A royal proclamation[204] was issued, which many regarded as the Magna
Charta of native liberty in India. At Calcutta, Bombay, Madras, Lahore,
Kurachee, Delhi, Agra, Allahabad, Nagpoor, Mysore, Rangoon, and other
great cities, this proclamation was read with every accompaniment of
ceremonial splendour that could give dignity to the occasion in the eyes
of the natives; and at every British station, large or small, it was
read amid such military honours as each place afforded. It was
translated into most of the languages, and many of the dialects of
India. It was printed in tens of thousands, and distributed wherever
natives were wont most to congregate—in order that all might know that
Queen Victoria was now virtually Empress of India; that the
governor-general was now her viceroy; that the native princes might rely
on the observance by her of all treaties made with them by the Company;
that she desired no encroachment on, or annexation of, the territories
of those princes; that she would not interfere with the religion of the
natives, or countenance any favouritism in matters of faith; that creed
or caste should not be a bar to employment in her service; that the
ancient legal tenures and forms of India should, as far as possible, be
adhered to; and that all mutineers and rebels, except those whose hands
were blood-stained by actual murder, should receive a full and gracious
pardon on abandoning their acts of insurgency. When these words were
uttered aloud at Bombay (and the ceremony was more or less similar at
the other cities named) the spectacle was such as the natives of India
had never before seen. The governor and all the chief civilians; the
military officers and the troops; the clergy of all the various
Christian denominations; the merchants, shipowners, and traders; the
Mohammedans, Hindoos, Mahrattas, Parsees—all were represented among the
throng around the spot from whence the proclamation was read, first in
English, and then in Mahratta. And then the shouting, the music of
military bands, the firing of guns, the waving of flags, the
illuminations at night, the fireworks in the public squares, the
blue-lights and manning of the ships, the banquets in the chief
mansions—all rendered this a day to be borne in remembrance. Sir
Jamsetjee Jejeebhoy, the Parsee baronet, vied with the Christians in the
munificence of rejoicing; and indeed, so little did religious
differences mar the harmony of the scene, that Catholic chapels,
Mohammedan mosques, Hindoo pagodas, and Parsee temples were alike
lighted up at night. It may not be that every one was enabled to assign
good reasons for his rejoicing; but there was certainly a pretty general
concurrence of opinion that the declared sovereignty of Queen Victoria,
as a substitute for the ever-incomprehensible ‘raj’ of the East India
Company, was a presage of good for British India. At Calcutta, the
proclamation had the singular good-fortune of winning the approval of a
community always very difficult to please. The Europeans consented to
lay aside all minor considerations, in order to do honour to the great
principles involved in the proclamation. The natives, too, took their
share in the rejoicing. A public meeting was held early in the month, at
which an influential Hindoo, Baboo Ramgopal Ghose, made an animated
speech. He said, among other things: ‘If I had power and influence, I
would proclaim through the length and breadth of this land—from the
Himalayas to Cape Comorin, from the Brahmaputra to the Bay of
Cambay—that never were the natives more grievously mistaken than they
have been in adopting the notion foisted on them by designing and
ambitious men—that their religion was at stake; for that notion I
believe to have been at the root of the late rebellion.’ Some of the
more intelligent natives rightly understood the nature of the great
change made in the government of India; but among the ignorant, it
remained a mystery—rendered, however, very palatable by the open avowal
of a Queen regnant, and of a proclamation breathing sentiments of
justice and kindness.
[Illustration]
-----
Footnote 194:
Chapter xiii., p. 211.
Footnote 195:
_Account of the Mutinies in Oudh._
Footnote 196:
_Personal Narrative of the Siege of Lucknow._
Footnote 197:
_Eight Months’ Campaign against the Bengal Sepoy Army._
Footnote 198:
_British India; its Races and its History._
Footnote 199:
_The Sepoy Revolt; its Causes and its Consequences._
Footnote 200:
_Notes on the Revolt in the Northwest Provinces._
Footnote 201:
_Letters of Indophilus to the ‘Times.’_
Footnote 202:
_The Indian Rebellion: its Causes and Results._
Footnote 203:
‘The Commander-in-chief proclaims to the people of Oude that, under
the order of the Right Hon. the Governor-general, he comes to enforce
the law.
‘In order to effect this without danger to life and property,
resistance must cease on the part of the people.
‘The most exact discipline will be preserved in the camps and on the
march; and when there is no resistance, houses and crops will be
spared, and no plundering allowed in the towns and villages. But
wherever there is resistance, or even a single shot fired against the
troops, the inhabitants must expect to incur the fate they have
brought on themselves. Their houses will be plundered, and their
villages burnt.
‘This proclamation includes all ranks of the people, from the
thalookdars to the poorest ryots.
‘The Commander-in-chief invites all the well-disposed to remain in
their towns and villages, where they will be sure of his protection
against all violence.’
Footnote 204:
See Appendix.
APPENDIX.
_East India Company’s Petition to Parliament, January 1858._—(See p.
563.)
To the Right Honourable the Lords Spiritual and Temporal, and the
Honourable the Commons of the United Kingdom of Great Britain and
Ireland in Parliament assembled; The humble Petition of the East India
Company, Sheweth:
That your petitioners, at their own expense, and by the agency of their
own civil and military servants, originally acquired for this country
its magnificent empire in the East.
That the foundations of this empire were laid by your petitioners, at
that time neither aided nor controlled by parliament, at the same period
at which a succession of administrations under the control of parliament
were losing to the Crown of Great Britain another great empire on the
opposite side of the Atlantic.
That during the period of about a century, which has since elapsed, the
Indian possessions of this country have been governed and defended from
the resources of those possessions, without the smallest cost to the
British exchequer, which, to the best of your petitioners’ knowledge and
belief, cannot be said of any other of the numerous foreign dependencies
of the Crown.
That it being manifestly improper that the administration of any British
possession should be independent of the general government of the
empire, parliament provided in 1783 that a department of the imperial
government should have full cognizance of, and power of control over,
the acts of your petitioners in the administration of India; since which
time the home branch of the Indian government has been conducted by the
joint counsels and on the joint responsibility of your petitioners and
of a minister of the Crown.
That this arrangement has at subsequent periods undergone
reconsideration from the legislature, and various comprehensive and
careful parliamentary inquiries have been made into its practical
operation; the result of which has been, on each occasion, a renewed
grant to your petitioners of the powers exercised by them in the
administration of India.
That the last of these occasions was so recent as 1853, in which year
the arrangements which had existed for nearly three-quarters of a
century were, with certain modifications, re-enacted, and still subsist.
That, notwithstanding, your petitioners have received an intimation from
her Majesty’s ministers of their intention to propose to parliament a
bill for the purpose of placing the government of her Majesty’s East
Indian dominions under the direct authority of the Crown: a change
necessarily involving the abolition of the East India Company as an
instrument of government.
That your petitioners have not been informed of the reasons which have
induced her Majesty’s ministers, without any previous inquiry, to come
to the resolution of putting an end to a system of administration which
parliament, after inquiry, deliberately confirmed and sanctioned less
than five years ago, and which, in its modified form, has not been in
operation quite four years, and cannot be considered to have undergone a
sufficient trial during that short period.
That your petitioners do not understand that her Majesty’s ministers
impute any failure to those arrangements, or bring any charge, either
great or small, against your petitioners. But the time at which the
proposal is made, compels your petitioners to regard it as arising from
the calamitous events which have recently occurred in India.
That your petitioners challenge the most searching investigation into
the mutiny of the Bengal army, and the causes, whether remote or
immediate, which produced that mutiny. They have instructed the
government of India to appoint a commission for conducting such an
inquiry on the spot; and it is their most anxious wish that a similar
inquiry may be instituted in this country by your [lordships’]
honourable House, in order that it may be ascertained whether anything,
either in the constitution of the home government of India, or in the
conduct of those by whom it has been administered, has had any share in
producing the mutiny, or has in any way impeded the measures for its
suppression; and whether the mutiny itself, or any circumstance
connected with it, affords any evidence of the failure of the
arrangements under which India is at present administered.
That were it even true that these arrangements had failed, the failure
could constitute no reason for divesting the East India Company of its
functions, and transferring them to her Majesty’s government. For, under
the existing system, her Majesty’s government have the deciding voice.
The duty imposed upon the Court of Directors is, to originate measures
and frame drafts of instructions. Even had they been remiss in this
duty, their remissness, however discreditable to themselves, could in no
way absolve the responsibility of her Majesty’s government; since the
minister for India possesses, and has frequently exercised, the power of
requiring that the Court of Directors should take any subject into
consideration, and prepare a draft-dispatch for his approval. Her
Majesty’s government are thus in the fullest sense accountable for all
that has been done, and for all that has been forborne or omitted to be
done. Your petitioners, on the other hand, are accountable only in so
far as the act or omission has been promoted by themselves.
That under these circumstances, if the administration of India had been
a failure, it would, your petitioners submit, have been somewhat
unreasonable, to expect that a remedy would be found in annihilating the
branch of the ruling authority which could not be the one principally in
fault, and might be altogether blameless, in order to concentrate all
powers in the branch which had necessarily the decisive share in every
error, real or supposed. To believe that the administration of India
would have been more free from error, had it been conducted by a
minister of the Crown without the aid of the Court of Directors, would
be to believe that the minister, with full power to govern India as he
pleased, has governed ill because he has had the assistance of
experienced and responsible advisers.
That your petitioners, however, do not seek to vindicate themselves at
the expense of any other authority; they claim their full share of the
responsibility of the manner in which India has practically been
governed. That responsibility is to them not a subject of humiliation,
but of pride. They are conscious that their advice and initiative have
been, and have deserved to be, a great and potent element in the conduct
of affairs in India. And they feel complete assurance, that the more
attention is bestowed, and the more light thrown upon India and its
administration, the more evident it will become, that the government in
which they have borne a part, has been not only one of the purest in
intention, but one of the most beneficent in act, ever known among
mankind; that during the last and present generations in particular, it
has been, in all departments, one of the most rapidly improving
governments in the world; and that, at the time when this change is
proposed, a greater number of important improvements are in a state of
rapid progress than at any former period. And they are satisfied that
whatever further improvements may be hereafter effected in India, can
only consist in the development of germs already planted, and in
building on foundations already laid, under their authority, and in a
great measure by their express instructions.
That such, however, is not the impression likely to be made on the
public mind, either in England or in India, by the ejection of your
petitioners from the place they fill in the Indian administration. It is
not usual with statesmen to propose the complete abolition of a system
of government of which the practical operation is not condemned. It
might therefore be generally inferred from the proposed measures, if
carried into effect at the present time, that the East India Company
having been intrusted with an important portion of the administration of
India, have so abused their trust, as to have produced a sanguinary
insurrection, and nearly lost India to the British empire; and that
having thus crowned a long career of misgovernment, they have, in
deference to public indignation, been deservedly cashiered for their
misconduct.
That if the character of the East India Company were alone concerned,
your petitioners might be willing to await the verdict of history. They
are satisfied that posterity will do them justice. And they are
confident that, even now, justice is done to them in the minds, not only
of her Majesty’s ministers, but of all who have any claim to be
competent judges of the subject. But though your petitioners could
afford to wait for the reversal of the verdict of condemnation which
will be believed throughout the world to have been passed on them and
their government by the British nation, your petitioners cannot look
without the deepest uneasiness at the effect likely to be produced on
the minds of the people of India. To them—however incorrectly the name
may express the fact—the British government in India is the government
of the East India Company. To their minds, the abolition of the Company
will, for some time to come, mean the abolition of the whole system of
administration with which the Company is identified. The measure,
introduced simultaneously with the influx of an overwhelming British
force, will be coincident with a general outcry, in itself most alarming
to their fears, from most of the organs of opinion in this country, as
well as of English opinion in India, denouncing the past policy of the
government on the express ground that it has been too forbearing, and
too considerate towards the natives. The people of India will at first
feel no certainty that the new government, or the government under a new
name, which it is proposed to introduce, will hold itself bound by the
pledges of its predecessors. They will be slow to believe that a
government has been destroyed, only to be followed by another which will
act on the same principles, and adhere to the same measures. They cannot
suppose that the existing organ of administration would be swept away
without the intention of reversing any part of its policy. They will see
the authorities, both at home and in India, surrounded by persons
vehemently urging radical changes in many parts of that policy.
Interpreting, as they must do, the change in the instrument of
government as a concession to these opinions and feelings, they can
hardly fail to believe that, whatever else may be intended, the
government will no longer be permitted to observe that strict
impartiality between those who profess its own creed and those who hold
the creeds of its native subjects, which hitherto characterised it; that
their strongest and most deeply rooted feelings will henceforth be
treated with much less regard than heretofore; and that a directly
aggressive policy towards everything in their habits, or in their usages
and customs, which Englishmen deem objectionable, will be no longer
confined to individuals and private associations, but will be backed by
all the power of government.
And here your petitioners think it important to observe, that in
abstaining as they have done from all interference with any of the
religious practices of the people of India, except such as are abhorrent
to humanity, they have acted not only from their own conviction of what
is just and expedient, but in accordance with the avowed intentions and
express enactments of the legislature, framed ‘in order that regard
should be had to the civil and religious usages of the natives,’ and
also ‘that suits, civil or criminal, against the natives,’ should be
conducted according to such rules ‘as may accommodate the same to the
religion and manners of the natives.’ That their policy in this respect
has been successful, is evidenced by the fact that, during a military
mutiny, said to have been caused by unfounded apprehensions of danger to
religion, the heads of the native states and the masses of the
population have remained faithful to the British government. Your
petitioners need hardly observe, how very different would probably have
been the issue of the late events if the native princes, instead of
aiding in the suppression of the rebellion, had put themselves at its
head, or if the general population had joined in the revolt; and how
probable it is that both these contingencies would have occurred if any
real ground had been given for the persuasion that the British
government intended to identify itself with proselytism. It is the
honest conviction of your petitioners, that any serious apprehension of
a change of policy in this respect would be likely to be followed, at no
distant period, by a general rising throughout India.
That your petitioners have seen with the greatest pain, the
demonstrations of indiscriminate animosity towards the natives of India
on the part of our countrymen in India and at home, which have grown up
since the late unhappy events. They believe these sentiments to be
fundamentally unjust; they know them to be fatal to the possibility of
good government in India. They feel that if such demonstrations should
continue, and especially if weight be added to them by legislating under
their supposed influence, no amount of wisdom and forbearance on the
part of the government will avail to restore that confidence of the
governed in the intentions of their rulers, without which it is vain
even to attempt the improvement of the people.
That your petitioners cannot contemplate without dismay the doctrine now
widely promulgated, that India should be administered with an especial
view to the benefit of the English who reside there—or that in its
administration any advantages should be sought for her Majesty’s
subjects of European birth, except that which they will necessarily
derive from their superiority of intelligence, and from the increased
prosperity of the people, the improvement of the productive resources of
the country, and the extension of commercial intercourse. Your
petitioners regard it as the most honourable characteristic of the
government of India by England, that it has acknowledged no such
distinction as that of a dominant and a subject race; but has held that
its first duty was to the people of India. Your petitioners feel that a
great portion of the hostility with which they are assailed, is caused
by the belief that they are peculiarly the guardians of this principle,
and that, so long as they have any voice in the administration of India,
it cannot easily be infringed; and your petitioners will not conceal
their belief that their exclusion from any part in the government is
likely, at the present time, to be regarded in India as a first
successful attack on that principle.
That your petitioners, therefore, most earnestly represent to your
[lordships’] honourable House that even if the contemplated change could
be proved to be in itself advisable, the present is a most unsuitable
time for entertaining it; and they most strongly and respectfully urge
on your [lordships’] honourable House the expediency of at least
deferring any such change until it can be effected at a period when it
would not be, in the minds of the people of India, directly connected
with the recent calamitous events, and with the feelings to which those
events have either given rise, or have afforded an opportunity of
manifestation. Such postponement, your petitioners submit, would allow
time for a more mature consideration than has yet been given, or can be
given in the present excited state of the public mind, to the various
questions connected with the organisation of a government for India; and
would enable the most competent minds in the nation calmly to examine
whether any new arrangement can be devised for the home government of
India uniting a greater number of the conditions of good administration
than the present, and if so, which, among the numerous schemes which
have been or may be proposed, possesses those requisites in the greatest
degree.
That your petitioners have always willingly acquiesced in any changes
which, after discussion by parliament, were deemed conducive to the
general welfare, although such changes may have involved important
sacrifices to themselves. They would refer to their partial
relinquishment of trade in 1813; to its total abandonment, and the
placing of their commercial charter in abeyance in 1833; to the transfer
to India of their commercial assets, amounting to £15,858,000, a sum
greatly exceeding that ultimately repayable to them in respect of their
capital, independent of territorial rights and claims; and to their
concurrence, in 1853, in the measure by which the Court of Directors was
reconstructed, and reduced to its present number. In the same spirit,
your petitioners would most gladly co-operate with her Majesty’s
government in correcting any defects which may be considered to exist in
the details of the present system; and they would be prepared, without a
murmur, to relinquish their trust altogether, if a better system for the
control of the government of India can be devised. But as they believe
that, in the construction of such a system, there are conditions which
cannot, without the most dangerous consequences, be departed from, your
petitioners respectfully and deferentially submit to the judgment of
your [lordships’] honourable House their view of those conditions, in
the hope that if your [lordships’] honourable House should see reason to
agree in that view, you will withhold your legislative sanction from any
arrangement for the government of India which does not fulfil the
conditions in question in at least an equal degree with the present.
That your petitioners may venture to assume that it will not be proposed
to vest the home portion of the administration of India in a minister of
the Crown, without the adjunct of a council composed of statesmen
experienced in Indian affairs. Her Majesty’s ministers cannot but be
aware that the knowledge necessary for governing a foreign country, and
in particular a country like India, requires as much special study as
any other profession, and cannot possibly be possessed by any one who
has not devoted a considerable portion of his life to the acquisition of
it.
That in constituting a body of experienced advisers, to be associated
with the Indian minister, your petitioners consider it indispensable to
bear in mind that this body should not only be qualified to advise the
minister, but also, by its advice, to exercise, to a certain degree, a
moral check. It cannot be expected that the minister, as a general rule,
should himself know India; while he will be exposed to perpetual
solicitations from individuals and bodies, either entirely ignorant of
that country, or knowing only enough of it to impose on those who know
still less than themselves, and having very frequently objects in view
other than the interests or good government of India. The influences
likely to be brought to bear on him through the organs of popular
opinion will, in the majority of cases, be equally misleading. The
public opinion of England, itself necessarily unacquainted with Indian
affairs, can only follow the promptings of those who take most pains to
influence it; and these will generally be such as have some private
interest to serve. It is, therefore, your petitioners submit, of the
utmost importance that any council which may form a part of the home
government of India should derive sufficient weight from its
constitution, and from the relation it occupies to the minister, to be a
substantial barrier against those inroads of self-interest and ignorance
in this country from which the government of India has hitherto been
comparatively free, but against which it would be too much to expect
that parliament should of itself afford a sufficient protection.
That your petitioners cannot well conceive a worse form of government
for India, than a minister with a council whom he should be at liberty
to consult or not at his pleasure, or whose advice he should be able to
disregard without giving his reasons in writing, and in a manner likely
to carry conviction. Such an arrangement, your petitioners submit, would
be really liable to the objections in their opinion erroneously urged
against the present system. Your petitioners respectfully represent that
any body of persons associated with the minister, which is not a check,
will be a screen. Unless the council is so constituted as to be
personally independent of the minister; unless it feels itself
responsible for recording an opinion on every Indian subject, and
pressing that opinion on the minister, whether it is agreeable to him or
not; and unless the minister, when he overrules their opinion, is bound
to record his reasons—its existence will only serve to weaken his
responsibility, and to give the colourable sanction of prudence and
experience to measures in the framing of which those qualities have had
no share.
That it would be vain to expect that a new council could have as much
moral influence, and power of asserting its opinion with effect, as the
Court of Directors. A new body can no more succeed to the feelings and
authority which their antiquity and their historical antecedents give to
the East India Company, than a legislature, under a new name, sitting in
Westminster, would have the moral ascendency of the Houses of Lords and
Commons. One of the most important elements of usefulness will thus be
necessarily wanting in any newly constituted Indian Council, as compared
with the present.
That your petitioners find it difficult to conceive that the same
independence, in judgment and act, which characterises the Court of
Directors will be found in any council all of whose members are
nominated by the crown. Owing their nomination to the same authority,
many of them probably to the same individual minister whom they are
appointed to check, and looking to him alone for their re-appointment,
their desire of recommending themselves to him, and their unwillingness
to risk his displeasure by any serious resistance to his wishes, will be
motives too strong not to be in danger of exercising a powerful and
injurious influence over their conduct. Nor are your petitioners aware
of any mode in which that injurious influence could be guarded against,
except by conferring the appointments, like those of the judges, during
good behaviour; which, by rendering it impossible to correct an error
once committed, would be seriously objectionable.
That your petitioners are equally unable to perceive how, if the
controlling body is entirely nominated by the minister, that happy
independence of parliamentary and party influence which has hitherto
distinguished the administration of India, and the appointment to
situations of trust and importance in that country, can be expected to
continue. Your petitioners believe that in no government known to
history have appointments to offices, and especially to high offices,
been so rarely bestowed on any other considerations than those of
personal fitness. This characteristic, but for which, in all
probability, India would long since have been lost to this country, is,
your petitioners conceive, entirely owing to the circumstance that the
dispensers of patronage have been persons unconnected with party, and
under no necessity of conciliating parliamentary support; that
consequently the appointments to offices in India have been, as a rule,
left to the unbiassed judgment of the local authorities; while the
nominations to the civil and military services have been generally
bestowed on the middle classes, irrespective of political
considerations, and in a large proportion on the relatives of persons
who had distinguished themselves by their services in India.
That your petitioners therefore think it essential that at least a
majority of the council which assists the minister for India with its
advice, should hold their seats independently of his appointment.
That it is, in the opinion of your petitioners, no less necessary that
the order of the transaction of business should be such as to make the
participation of the council in the administration of India a
substantial one. That to this end it is, in the opinion of your
petitioners, indispensable that the dispatches to India should not be
prepared by the minister, and laid before the council, but should be
prepared by the council, and submitted to the minister. This would be in
accordance with the natural and obvious principle, that persons, chosen
for their knowledge of a subject, should suggest the mode of dealing
with it, instead of merely giving their opinion on suggestions coming
from elsewhere. This is also the only mode in which the members of the
council can feel themselves sufficiently important, or sufficiently
responsible, to secure their applying their minds to the subjects before
them. It is almost unnecessary for your petitioners to observe, that the
mind is called into far more vigorous action, by being required to
propose, than by merely being called on to assent. The minister has
necessarily the ultimate decision. If he has also the initiative, he has
all the powers which are of any practical moment. A body whose only
recognised function is to find fault, would speedily let that function
fall into desuetude. They would feel that their co-operation in
conducting the government of India was not really desired; that they
were only felt as a clog on the wheels of business. Their criticism on
what had been decided, without their being collectively consulted, would
be felt as importunate as a mere delay and impediment; and their office
would probably be seldom sought, but by those who were willing to allow
its most important duties to become nominal.
That, with the duty of preparing the dispatches to India would naturally
be combined the nomination and control of the home establishments. This
your petitioners consider absolutely essential to the utility of the
council. If the officers through whom they work are in direct dependence
upon an authority higher than theirs, all matters of importance will in
reality be settled between the minister and the subordinates, passing
over the council altogether.
That a third consideration to which your petitioners attach great
importance, is, that the number of the council should not be too
restricted. India is so wide a field, that a practical acquaintance with
every part of its affairs cannot be found combined in any small number
of individuals. The council ought to contain men of general experience
and knowledge of the world, also men specially qualified by financial
and revenue experience, by judicial experience, diplomatic experience,
military experience; it ought to contain persons conversant with the
varied social relations, and varied institutions of Bengal, Madras,
Bombay, the Northwestern Provinces, the Punjaub, and the native states.
Even the present Court of Directors, reduced as it is in numbers by the
act of 1853, does not contain all the varieties of knowledge and
experience desirable in such a body; neither, your petitioners submit,
would it be safe to limit the number to that which would be strictly
sufficient, supposing all the appointments to be the best possible. A
certain margin should be allowed for failures, which, even with the most
conscientious selection, will sometimes occur. Your petitioners,
moreover, cannot overlook the possibility, that if the nomination takes
place by ministers at the head of a political party, it will not always
be made with exclusive reference to personal qualifications; and it is
indispensable to provide that such errors or faults in the nominating
authority, so long as they are only occasional, shall not seriously
impair the efficiency of the body.
That while these considerations plead strongly for a body not less
numerous than the present, even if only regarded as advisers of the
minister; their other office, as a check on the minister, forms, your
petitioners submit, a no less forcible objection to any considerable
reduction of the present number. A body of six or eight will not be
equal to one of eighteen in that feeling of independent self-reliance
which is necessary to induce a public body to press its opinion on a
minister to whom that opinion is unacceptable. However unobjectionably
in other respects so small a body may be constituted, reluctance to give
offence will be likely, unless in extreme cases, to be a stronger
habitual inducement in their minds than the desire to stand up for their
convictions.
That if, in the opinion of your [lordships’] honourable House, a body
can be constituted which unites the above enumerated requisites of good
government, in a greater degree than the Court of Directors, your
petitioners have only to express their humble hope that your endeavours
for that purpose may be successful. But if, in enumerating the
conditions of a good system of home government for India, your
petitioners have, in fact, enumerated the qualities possessed by the
present system, then your petitioners pray that your [lordships’]
honourable House will continue the existing powers of the Court of
Directors.
That your petitioners are aware that the present home government of
India is reproached with being a double government; and that any
arrangement by which an independent check is provided to the discretion
of the minister, will be liable to a similar reproach. But they conceive
that this accusation originates in an entire misconception of the
functions devolving on the home government of India, and in the
application to it of the principles applicable to purely executive
departments. The executive government of India is, and must be, seated
in India itself. The Court of Directors is not so much an executive as a
deliberative body. Its principal function, and that of the home
government generally, is not to direct the details of administration,
but to scrutinise and revise the past acts of the Indian government—to
lay down principles and issue general instructions for their future
guidance—and to give or refuse sanction to great political measures,
which are referred home for approval. These duties are more analogous to
the functions of parliament than to those of an executive board; and it
might almost as well be said that parliament, as that the government of
India, should be constituted on the principles applicable to executive
boards. It is considered an excellence, not a defect in the constitution
of parliament, to be not merely a double but a triple government. An
executive authority, your petitioners submit, may often with advantage
be single, because promptitude is its first requisite. But the function
of passing a deliberate opinion on past measures, and laying down
principles of future policy, is a business which, in the estimation of
your petitioners, admits of and requires the concurrence of more
judgments than one. It is no defect in such a body to be double, and no
excellence to be single, especially when it can only be made so by
cutting off that branch of it which, by previous training, is always the
best prepared—and often the only one which is prepared at all—for its
peculiar duty.
That your petitioners have heard it asserted that, in consequence of
what is called the double government, the Indian authorities are less
responsible to parliament and the nation than other departments of the
government of the empire, since it is impossible to know on which of the
two branches of home government the responsibility ought to rest. Your
petitioners fearlessly affirm that this impression is not only
groundless, but the very reverse of the truth. The home government of
India is not less, but more responsible than any other branch of the
administration of the state; inasmuch as the president of the Board of
Commissioners, who is the minister for India, is as completely
responsible as any other of her Majesty’s ministers; and, in addition,
his advisers also are responsible. It is always certain, in the case of
India, that the president of the Board of Commissioners must have either
commanded or sanctioned all that has been done. No more than this, your
petitioners would submit, can be known in the case of the head of any
department of her Majesty’s government. For it is not, nor can it
rationally be supposed, that any minister of the Crown is without
trusted advisers; and the minister for India must, for obvious reasons,
be more dependent than any other of her Majesty’s ministers, upon the
advice of persons whose lives have been devoted to the subject on which
their advice has been given. But in the case of India such advisers are
assigned to him by the constitution of the government, and they are as
much responsible for what they advise, as he for what he ordains; while,
in other departments, the minister’s only official advisers are the
subordinates in his office, men often of great skill and experience, but
not in the public eye, often unknown to the public even by name;
official reserve precludes the possibility of ascertaining what advice
they give, and they are responsible only to the minister himself. By
what application of terms this can be called responsible government, and
the joint government of your petitioners and the India Board an
irresponsible government, your petitioners think it unnecessary to ask.
That, without knowing the plan on which her Majesty’s ministers
contemplate the transfer to the Crown of the servants of the Company,
your petitioners find themselves unable to approach the delicate
question of the Indian army, further than to point out that the high
military qualities of the officers of that army have unquestionably
sprung, in a great degree, from its being a principal and substantive
army, holding her Majesty’s commissions, and enjoying equal rank with
her Majesty’s officers; and your petitioners would earnestly deprecate
any change in that position.
That your petitioners having regard to all these considerations, humbly
pray your [lordships’] honourable House that you will not give your
sanction to any change in the constitution of the Indian government
during the continuance of the present unhappy disturbances, nor without
a full previous inquiry into the operation of the present system. And
your petitioners further pray, that this inquiry may extend to every
department of Indian administration. Such an inquiry your petitioners
respectfully claim, not only as a matter of justice to themselves, but
because, when, for the first time in this century, the thoughts of every
public man in the country are fixed on India, an inquiry would be more
thorough, and its results would carry much more instruction to the mind
of parliament and of the country, than at any preceding period.
_E. I. Company’s Objections to the First and Second India Bills: April
1858._ (See p. 567.)
It is the duty of your Directors to lay before the Proprietors the two
bills which have been introduced into parliament by the late and by the
present ministry, for divesting the East India Company of all
participation in the government of India, and for framing a new scheme
of administrative agency.
On former occasions, when the ministers of the Crown have submitted
measures to parliament for altering, in any manner, the constitution of
the Indian government, the substance of the measures has been officially
communicated to the Court of Directors, and an opportunity allowed to
them of offering such remarks as their knowledge and experience in
Indian affairs might suggest. The correspondence being afterwards laid
before the Court of Proprietors, formed the most appropriate report
which the Directors could make to their constituents on the measures
under consideration by the legislature. In the present instance, this
opportunity not having been afforded to them, it appears desirable that
they should adopt the present mode of laying before the proprietary body
the observations which it is entitled to expect from its executive
organ, on the bills now before parliament, and on the present posture of
the Company’s affairs.
The Directors cannot but advert with feelings of satisfaction to the
altered tone which public discussion has assumed in regard to the
character of the East India Company, and the merits of the
administration in which the Company has borne so important a part. The
intention of proposing the abolition of the Company’s government was
announced in the midst of, and it may be surmised in deference to, a
clamour, which represented the government of India by the Company as
characterised by nearly every fault of which a civilised government can
be accused, and the Company as the main cause of the recent disasters.
But in the parliamentary discussions which have lately taken place,
there has been an almost universal acknowledgment that the rule of the
Company has been honourable to themselves and beneficial to India; while
no political party, and few individuals of any consideration, have
alleged anything seriously disparaging to the general character of the
Company’s administration. So far, therefore, the stand made by the
Company against the calumnies with which they have been assailed, may be
considered to have been successful.
But the admission generally made, and made explicitly by the proposers
of both the bills, that the existing system works well, has not had the
effect of inducing doubt of the wisdom of hastily abolishing it. Neither
does it seem to have been remembered, that if the system has worked
well, there must be some causes for its having done so, and that it
would be worth while to consider what these are, in order that they
might be retained in any new system. If the constitution which has made
the Indian government what it is, must be abolished, because it is
thought defective in theory, what is substituted should at least be
theoretically unobjectionable. But the constitution of the East India
Company, however anomalous, is far more in accordance with the
acknowledged principles of good government than either of the proposed
bills.
The nature of the case is, indeed, itself so anomalous, that something
anomalous was to be expected in the means by which it could be
successfully dealt with.
All English institutions and modes of political action are adapted to
the case of a nation governing itself. In India, the case to be provided
for is that of the government of one nation by another, separated from
it by half the globe; unlike it in everything which characterises a
people; as a whole, totally unacquainted with it; and without time or
means for acquiring knowledge of it or its affairs.
History presents only two instances in which these or similar
difficulties have been in any considerable degree surmounted. One is the
Roman Empire; the other is the government of India by the East India
Company.
The means which the bills provide for overcoming these difficulties
consist of the unchecked power of a minister. There is no difference of
moment in this respect between the two bills. The minister, it is true,
is to have a council. But the most despotic rulers have councils. The
difference between the council of a despot and a council which prevents
the ruler from being a despot is, that the one is dependent on him, the
other independent; that the one has some power of its own, the other has
not. By the first bill, the whole council is nominated by the minister;
by the second, one-half of it is nominated by him. The functions to be
intrusted to it are left, in both, with some slight exceptions, to the
minister’s own discretion.
The minister is indeed subject to the control of parliament and of the
British nation. But though parliament and the nation exercise a salutary
control over their own affairs, it would be contrary to all experience
to suppose that they will exercise it over the affairs of a hundred
millions of Hindoos and Mohammedans. Habitually, they will doubtless be
hereafter, as they have been heretofore, indifferent and inattentive to
Indian affairs, and will leave them entirely to the minister. The
consequence will be, that in the exceptional cases in which they do
interfere, the interference will not be grounded on knowledge of the
subject, and will probably be, for the most part, confined to cases
where an Indian question is taken up from party motives, as the means of
injuring a minister; or when some Indian malcontent, generally with
objects opposed to good government, succeeds in interesting the
sympathies of the public in his favour. For it is not the people of
India, but rich individuals and societies representing class interests,
who have the means of engaging the ear of the public through the press,
and through agents in parliament. And it is important to remark, that by
the provisions of either of the bills, the House of Commons will be
rendered even less competent, in point of knowledge of Indian affairs,
than at present, since by both bills all the members of the Council of
India will be excluded from it.
The government of dependencies by a minister and his subordinates, under
the sole control of parliament, is not a new experiment in England. That
form of colonial government lost the United States, and had nearly lost
all the colonies of any considerable population and importance. The
colonial administration of this country has only ceased to be a subject
of general condemnation since the principle has been adopted of leaving
all the important colonies to manage their own affairs—a course which
cannot be followed with the people of India. If the control of
parliament has not prevented the habitual mismanagement of countries
inhabited by Englishmen like ourselves, who had every facility for
representing and urging their grievances, it is not likely to be any
effectual protection to Mussulmans and Hindoos.
All governments require constitutional checks; but the constitutional
checks applicable to a case of this peculiar kind must be found within
the governing body itself.
Though England, as a whole, while desiring nothing but to govern India
well, is necessarily ignorant of India, and feels, under ordinary
circumstances, no particular interest in its concerns, there are in
England a certain number of persons who possess knowledge of India, and
feel an interest in its affairs. It seems, therefore, very desirable,
for the sake of India, that England should govern it through, and by
means of, these persons. This would be the case if the organ of
government principally consisted of persons who have passed a
considerable portion of their lives in India, or who feel that habitual
interest in its affairs which is naturally acquired by having aided in
administering them; and if this body, or a majority of it, were
periodically elected by a constituency composed of persons in England
who have served the government for a certain length of time in India, or
whose interests are connected with that country by some permanent tie.
It would be an additional advantage if this constituency had the power
of requiring information, and compelling a public discussion of Indian
questions. These are conditions which, to a considerable extent, the
existing constitution of the East India Company fulfils.
The other great constitutional security for the good government of India
lies in the forms of business. This is a point to which sufficient
importance is not generally attached. The forms of business are the real
constitution of India.
From the necessity of the case, recognised in both the proposed
measures, the administration must be shared, in some proportion, between
a minister and a council. The council may consist of persons possessing
knowledge of India. The minister, except in very rare cases, can possess
little or none. He is placed in office by the action of political party,
which is governed by considerations totally unconnected with India; and,
in the common course of politics, he is removed from office by the time
he has been able to learn his duty. Even in the unusual case, of which
present circumstances are an example, when the minister has made himself
acquainted with India through the discharge of high functions in India
itself, his knowledge is but the knowledge of one man; and one man’s
knowledge of a subject like India, until corrected and completed by that
of other men, is, it may safely be affirmed, wholly insufficient, and if
implicitly trusted, even dangerous. The good government, therefore, of
India, by a minister and a council, depends upon the amount of influence
possessed by the council; and their influence depends upon the forms of
business.
However experienced may be the council, and however inexperienced the
minister, he will have the deciding voice. The power will rest with one
who may know less of the subject than any member of the council, and is
sure to know less than the council collectively, if they are selected
with ordinary judgment. The council will have no substantive power, but
only moral influence. It is, therefore, all-important that this
influence should be upheld. Unless the forms of business are such as to
insure that the council shall exercise its judgment on all questions;
that all matters requiring decision shall be considered by them, and
their views recorded in the initiatory stage, before the minister has
committed himself to an opinion—they will possess no more weight or
influence than the same number of clerks in his office, whom also he can
consult if he pleases; and the power of the minister will be practically
uncontrolled.
In both the bills these considerations are entirely disregarded. The
first bill does not establish any forms of business, but leaves them to
be determined by the minister and his council; in other words, by the
minister. Even, therefore, if the minister first appointed should be
willing to establish forms which would be any restraint upon himself, a
subsequent minister would have it in his power to alter the forms in any
manner he pleased.
The second bill, unlike the first, does establish forms of business; but
such alone as would effectually prevent the council from being a
reality, and would render it a useless pageant.
To make the council a merely consultative body, without initiative,
before whom subjects are only brought after the minister has made up his
mind, is already a fatal inroad upon its usefulness. But by the second
bill the council are not even a consultative body. The minister is under
no obligation to consult them. They are not empowered to hold any
regular meetings. They are to meet only when the minister convenes them,
or on a special requisition by six members. He may send orders to India
without their knowledge when the case is urgent, of which urgency he is
the sole judge. When it is not urgent, his orders must be placed in the
council-room for the perusal of the members for seven days, during which
they are not required, but permitted, to give their opinion, not
collectively, but individually. Their only power, therefore, is that of
recording dissent from a resolution not only taken, but embodied in a
dispatch. And as if this was not enough, provision is made that an
office, always invidious, shall be incapable of being fulfilled in any
but the most invidious manner. The members of council must come forward
individually in declared opposition to the minister, by volunteering a
protest against his announced intentions, or signing a requisition for a
meeting of council to oppose them. Such a council is fitted to serve as
a shield for the minister’s responsibility when it may suit him to seek,
and them to accord, their adhesion; rather than as a restraint on his
power to administer India according to his individual pleasure.
The Directors are bound to admit, that the first of the bills contains
several provisions indicative of a wish to assure to the council a
certain, though small, amount of influence. The administration is to be
carried on in the name of the president in council, and not, as by the
second bill, in that of the Secretary of State alone. The council, as
well as the president, has a voice in the appointment of the home
establishment; while in the second bill all promotions and all
appointments to the principal offices under the council, rest with the
Secretary of State, exclusively; a provision which divests the council
of all control or authority over their own establishment. Again, by
Section XII. of the first bill, no grant involving increase of
expenditure, and no appointment to office or admission to service, can
be made without the concurrence of half the council. This, as far as it
goes, is a real power; but its value is much diminished by the
consideration that those by whom it is to be exercised are the nominees
of the minister, dependent on him for their continuance in office after
a few years.
In some other points the provisions of the second bill seem to have the
advantage. Its council is more numerous; to which, however, little
importance can be attached, if the council has no substantial power. It
also recognises that the whole of the council ought not to be nominated
by the minister, and that some part of it should be elected by a
constituency specially qualified by a knowledge of India. But even in
these, the best points of the bill, it is, in the opinion of the
Directors, very far from unexceptionable. The nomination of even half
the council by the minister, takes away all security for an independent
majority. It may, indeed, be doubted whether there is any sufficient
reason for the minister’s nominating any portion, except the supposed
reluctance of some eligible persons to encounter a canvass. The
proportion of one-third, whom the minister now nominates to the Court of
Directors, seems the largest which, consistently with full security for
independence, can be so appointed.
The provision that each of the members nominated by the Crown shall be
selected as the representative of some particular branch of the service
in India, is still more objectionable. Not only would it preclude the
nomination of the most distinguished man, if the seat in council
appropriated to the department in which he had served were not at the
time vacant, but it would introduce a principle which cannot be too
strongly deprecated—that of class legislation. The council should
comprise the greatest attainable variety of knowledge and experience;
but its members should not consider themselves as severally the
representatives of a certain number of class interests.
The clause which continues to the Proprietors the power of electing some
portion of the council is, so far, deserving of support; and the
principle of enlarging the constituency by the addition of persons of a
certain length of Indian service and residence is, in itself,
unexceptionable; but unless guarded by provisions, such as have never
yet been introduced into any electoral system, so large and scattered a
constituency as that proposed would greatly add to the inconvenience of
canvass: especially as it is not certain that the new electoral body
would adopt, from the old, the salutary custom of re-electing, as the
general practice, whoever has been once chosen, and has not, by
misconduct or incapacity, deserved to forfeit their confidence. The
duties of a member of council would be entirely incompatible with a
continually-recurring canvass of the constituency.
Respecting the proposition for giving the choice of five members of
council to the parliamentary constituencies of five great towns, the
Court of Directors can only express a feeling of amazement. It is not
the mere fact of election by a multitude that constitutes the benefits
of the popular element in government. To produce those benefits, the
affairs of which the people are enabled to control the management must
be their own affairs. Election by multitudinous bodies, the majority of
them of a very low average of education, is not an advantage of popular
government, but, on the contrary, one of its acknowledged drawbacks. To
assign to such a constituency the control, not of their own affairs, but
of the affairs of other people on the other side of the globe, is to
incur the disadvantages of popular institutions without any of the
benefits. The Court of Directors willingly admit the desirableness, if
not necessity, of some provision for including an English element in the
Council of India; but a more objectionable mode than the one proposed of
attaining the object, could scarcely, in their opinion, be devised.
Besides the provisions which relate to the organ of government in
England, the bills contain provisions relating to India itself, which
are open to the strongest objection.
The appointments to the councils at Calcutta and at the subordinate
presidencies, which are now made by the Court of Directors, with the
approbation of the Crown, are transferred by both bills to the
governor-general, and to the governors of Madras and Bombay. The Court
of Directors are convinced that this change would greatly impair the
chances of good government in India. One of the causes which has most
contributed to the many excellences of Indian administration is, that
the governor-general and governors have always been associated with
councillors selected by the authorities at home from among the most
experienced and able members of the Indian service, and who, not owing
their appointments to the head of the government, have generally brought
to the consideration of Indian affairs an independent judgment. In
consequence of this, the measures of a government, necessarily absolute,
have had the advantage, seldom possessed in absolute governments, of
being always preceded by a free and conscientious discussion; while, as
the head of the government has the power, on recording his reasons, to
act contrary to the advice of his council, no public inconvenience can
ever arise from any conflict of opinion. These important officers, who,
by their participation in the government, form so salutary a restraint
on the precipitancy of an inexperienced, or the wilfulness of a
despotically tempered, governor-general or governor, are henceforth to
be appointed by the great functionary whom they are intended to check.
And this restraint is removed, when the necessity for an independent
council will be greater than ever; since the power of appointing the
governor-general, and of recalling him, is taken away from the Company,
and from the body which is to be their substitute. It may be added that
the authorities at home have had the opportunity of being acquainted
with the conduct and services of candidates for council from the
commencement of their career. The governor-general or governor would
often have to nominate a councillor soon after their arrival in India,
when necessarily ignorant of the character and merits of candidates, and
would be entirely dependent on the recommendation of irresponsible
advisers.
Another most objectionable provision demands notice, which is to be
found only in the second bill. A commission, appointed in England, is to
proceed to India, for the purpose of inquiring and reporting on the
principles and details of Indian finance, including the whole revenue
system, and, what is inseparably involved in it, the proprietary rights
and social position of all the great classes of the community. The Court
of Directors cannot believe that such a project will be persisted in. It
would be a step towards the disorganisation of the fabric of government
in India. A commission from England, independent of the local government
of the country, deriving its authority directly from the higher power to
which the local government is subordinate, and instructed to carry back
to the higher power information on Indian affairs which the local
government is not deemed sufficiently trustworthy to afford, would give
a most serious shock to the influence of the local authorities, and
would tend to impress all natives with the belief that the opinions and
decisions of the local government are of small moment, and that the
thing of real importance is the success with which they can contrive
that their claims and objects shall be advocated in England. Up to the
present time, it has been the practice of the home government to uphold
in every way the authority of the governments on the spot; even when
reversing their acts, to do so through the governments themselves, and
to employ no agency except in subordination to them.
From this review of the chief provisions of the bills, which embody the
attempts of two great divisions of English statesmen to frame an organ
of government for India, it will probably appear to the proprietors,
that neither of them is grounded on any sufficient consideration of past
experience, or of the principles applicable to the subject; that the
passing of either would be a calamity to India; and that the attempt to
legislate while the minds of leading men are in so unprepared a state,
is altogether premature.
The opinion of your Directors is, that by all constitutional means the
passing of either bill should be opposed; but that if one or the other
should be determined on for the purpose of transferring the
administration, in name, from the East India Company to the Crown, every
exertion should be used in its passage through committee to divest it of
the mischievous features by which both bills are now deformed, and to
maintain, as at present, a really independent council, having the
initiative of all business, discharging all the duties, and possessing
all the essential powers of the Court of Directors. And it is the
Court’s conviction, that measures might be so framed as to obviate
whatever may be well founded in the complaints made against the present
system—retaining the initiative of the council, and that independence of
action on their part which should be regarded as paramount and
indispensable.
_E. I. Company’s Objections to the Third India Bill: June 1858._ (See p.
570.)
1. Although the bill which has been newly brought in by her Majesty’s
ministers ‘for the better government of India,’ has not yet been
formally communicated to the Court of Directors, the Court, influenced
by the desire which they have already expressed to give all aid in their
power towards rendering the scheme of government, which it is the
pleasure of parliament to substitute for the East India Company, as
efficient for its purposes as possible, have requested us[205] to lay
before your lordship,[206] and through you before her Majesty’s
government, a few observations on some portions of the bill.
2. Having in documents which have been presented to parliament expressed
their sentiments fully on all the general features of the subject, the
Court refrain from offering any further arguments on points upon which
the government and the House of Commons seem to have pronounced a
decided opinion. The joint government of a minister and a council,
composed in majority of persons of Indian experience, deriving their
appointments only partially from ministerial nomination, and all of them
holding office on a tenure independent of the minister, is a combination
which fulfils to a considerable extent the conditions of a good organ of
government for India. The Court would have much preferred that in the
constitution of the council more extensive recourse had been had to the
elective principle. But if they cannot hope that this course will be
adopted, they see many advantages in the provision by which one-half the
number, instead of being named by the government, will be selected by a
responsible body, intimately connected with India, to whom the
qualification of candidates will in general be accurately known, and who
will be under strong inducements to make such a choice as will tend to
increase the credit and consideration of the body.
3. With regard to the qualifications prescribed for members of council,
the Court desire to offer a suggestion. Her Majesty’s present government
have, on many occasions, expressed a desire to secure the Crown
appointments against the evils of abuse of patronage. The security
against such abuse has hitherto consisted in the strict limitation of
the appointments to persons who have served a considerable number of
years in India. While the Court fully agree with her Majesty’s
government in recognising the desirableness of an English element, it
does not seem to them advisable that this element should extend to
nearly half the council, only a bare majority being reserved for persons
of Indian experience. Knowledge of India is, after all, the most
important requisite for a seat in the Indian Council; while it is
chiefly in the English nominations that there is any present danger lest
appointments should be obtained through political or parliamentary
influence—from which influence, unless introduced through that channel,
the council, like the Court of Directors, may be expected to be
altogether free. The Court, therefore, recommend that the qualification
of ten years’ Indian service or residence be made imperative on at least
two-thirds instead of a mere majority of the fifteen members of council.
They also think it questionable if the interests of India will be
promoted by the exclusion of the whole of the members of the council
from seats in parliament. These are the only modifications which we are
requested to suggest in the provisions respecting the composition of the
council.
[The remaining objections made by the Directors were little more than a
repetition of those made against the first and second bills (given _in
extenso_ in a preceding page); and need not be reproduced here. The
Directors expressed a dislike or apprehension of the subordinate
position in which the Council would be placed; of the autocratic power
to be possessed by the Secretary for India; of the transference of the
powers of the Secret Committee wholly and solely to him; of the proposed
mode of making appointments and exercising patronage; of any disturbance
in the mode of auditing accounts; and of the appointment of any
Commission of Inquiry in India which should appear derogatory to the
dignity of the local governments. Many of these objections were listened
to, and were productive of modifications during the discussion of the
bill. The result will be seen in the next article of this Appendix.]
_Abstract of Act for the Better Government of India—21 and 22 Vict. cap.
106.—Received Royal Assent August 2, 1858._ (See p. 573.)
_Transfer of Governing Powers._
I. Governing powers transferred from the East India Company to the
Crown.
II. All rights, territories, revenues, and liabilities similarly
transferred.
III. A Secretary of State to exercise all the governing powers
heretofore exercised by Court of Directors, Court of Proprietors, and
Board of Control.
IV. Provision concerning sitting of secretary and under-secretary in
House of Commons.
V. Concerning re-election of secretaries to House of Commons.
VI. Secretary of State for India to receive salary equal to those of
other secretaries of state.
_Council of India._
VII. A Council of India, of 15 persons, to be formed.
VIII. Court of Directors to elect 7 members of this Council, from among
persons possessing certain qualifications; and the Crown to appoint the
other 8.
IX. Vacancies among the 8 to be filled up by the Crown; and among the
other 7, by election by the Council.
X. Nine members of the Council, at least, must have had not less than
ten years’ experience in India.
XI. Members to hold office for life, or during good behaviour.
XII. Members not to sit in parliament.
XIII. Annual salary of £1200 to each member.
XIV. Members may resign; if after ten years’ service, on a pension of
£500, subject to certain conditions.
XV. Secretaries and other officers of Company to become officers of
Council of India—subject to any changes afterwards made by Privy Council
and sanctioned by parliament.
XVI. Secretary in Council to make all subsequent appointments in the
home establishment.
XVII. Compensation to such officers of the Company as are not retained
permanently by the Council.
XVIII. Any officer of the Company, transferred to the service of the
Council, to have a claim to the same pension or superannuation allowance
as if the change of government had not taken place.
_Duties and Proceedings of the Council._
XIX. Council to conduct affairs of India in England; but all
correspondence to be in the name of the Secretary of State.
XX. Secretary of State may divide the Council into committees.
XXI. Secretary of State to sit and vote as president, and appoint
vice-president.
XXII. Five to be a quorum; meetings convened by Secretary of State not
fewer than one each week.
XXIII. Secretary of State to decide questions on which members differ.
Any dissentient member may require his opinion to be placed upon record.
XXIV. Secretary’s proceedings to be open to all the Council, except in
‘secret service’ dispatches.
XXV. Secretary to give reasons for any exercise of his veto against the
decision of the majority.
XXVI. Secretary allowed to overrule the two preceding clauses in urgent
cases.
XXVII. Functions of the ‘secret committee’ transferred to Secretary of
State.
XXVIII. Dispatches marked ‘secret’ not to be opened by members of
Council.
_Appointments and Patronage._
XXIX. Of the high appointments in India, some to be made by the Crown,
some by the Council, and some by the Governor-general.
XXX. Inferior appointments to be made as heretofore, except transference
of patronage from Court of Directors to Council.
XXXI. Special provision for civil service in India.
XXXII. Secretary in Council to make rules for examination of persons
intended for junior situations in civil service of India.
XXXIII. Appointments to naval and military cadetships to vest in the
Crown.
XXXIV. Competitive examinations for engineers and artillery of the
Indian army.
XXXV. A certain ratio of cadetships to be given to the sons of persons
who have served in India.
XXXVI. All the other cadetships to be in the gift of the members of the
Council, subject to approval; the Secretary of State to have twice as
many nominations as an ordinary member.
XXXVII. In all unchanged rules concerning appointments, power of Court
of Directors to be vested in Council.
XXXVIII. The same in reference to any dismissal from service.
_Transfer of Property._
XXXIX. Company’s property, credits, and debits, to revert to the
Crown—except the _East India Stock_ and the dividends thereon.
XL. Secretary in Council may buy, sell, or borrow, in the name of the
Crown, for the service of India.
_Revenues._
XLI. Expenditure of revenues in India wholly under Secretary in Council.
XLII. Liabilities of Company, and dividends on India stock, to be borne
by Secretary in Council out of revenues of India.
XLIII. Secretary in Council to keep a cash account with the Bank of
England, and to be responsible for all payments in relation to India
revenue.
XLIV. Transfer of cash balance from the Company to the Council.
XLV. A stock account to be opened at Bank of England.
XLVI. Transfer of stock accounts.
XLVII. Mode of managing Council’s finances at the Bank.
XLVIII. Transfer of Exchequer bills, &c., from Company to Council.
XLIX. Power of issuing bonds, debentures, &c.
L. Provisions concerning forgery.
LI. Regulations of audit department.
LII. The Crown to appoint auditor of Indian accounts, to whom all
needful papers are to be sent by Secretary in Council.
LIII. Annual accounts to be furnished to parliament of the revenue and
expenditure of India; accompanied by reports on the moral and material
progress of the several presidencies.
LIV. War in India to be made known to parliament within a specified
period.
LV. India revenues not to pay for wars unconnected with India.
_Existing Establishments._
LVI. Company’s army and navy transferred to the Crown, but with all
existing contracts and engagements holding good.
LVII. Future powers as to conditions of service.
LVIII. All commissions held under the Company to be valid as under the
Crown.
LIX. Regulations of service to be subject to future change, if deemed
necessary.
LX. Court of Directors and Court of Proprietors cease to hold power in
reference to government of India.
LXI. Board of Control abolished.
LXII. Records and archives of Company to be given up to Council—except
stock and dividend books.
LXIII. Powers of Governor-general, on assuming duties of that office.
LXIV. Existing enactments and provisions to remain in force, unless
specially repealed.
_Actions and Contracts._
LXV. Secretary in Council may sue and be sued as a body corporate.
LXVI. And may take the place of the Company in any still-pending
actions.
LXVII. Treaties and covenants made by the Company to remain binding.
LXVIII. Members not _personally_ liable for such treaties or covenants.
LXIX. A Court of Directors still to exist, but in smaller number than
before, and having powers relating only to the management of the
Company’s dividend and a few minor subjects.
LXX. Quarterly courts not in future obligatory.
LXXI. Company’s liability ceases, on all matters now taken under the
care of the Council.
_Saving of Certain Rights of the Company._
LXXII. Secretary in Council to pay dividends on India stock out of India
revenue.
LXXIII. Dividends to constitute a preferential charge.
_Commencement of the Act._
LXXIV. Commences thirty days after day of receiving royal assent.
LXXV. Company’s orders to be obeyed in India until the change of
government shall have been proclaimed in the several presidencies.
_The Indian Mutiny Relief Fund._ (See p. 226.)
This noble manifestation of kind feeling towards the sufferers in India,
which originated in a public meeting held in London on the 25th of
August 1857, assumed munificent proportions during the next following
year, when the colonists and Englishmen residing abroad had had time to
respond to the appeal made to them. In a report prepared by the
Committee, on the 1st of November 1858, it was announced that the sum
placed in their charge amounted, up to that time, to £434,729. They had
remitted £127,287 to India, there to be distributed by auxiliary local
committees; they had assisted sufferers after their return to, or during
their residence in, the home country, to the extent of £35,757; and
their management expenses had amounted to £6224. There remained,
invested at interest, the sum of £265,461, applicable to further cases
of need. It is interesting to notice the kind of persons to whom relief
was afforded, on account of the varied privations to which the mutiny
had subjected them. The sum of £35,757 expended in England, was mostly
in donations to the following numbers and classes of persons:
32 Military officers.
86 Widows and children of officers.
25 Wives of officers.
25 Orphans of officers.
51 Other relatives of officers.
13 Disabled soldiers.
298 Widows of soldiers.
423 Children of soldiers.
82 Other relatives of soldiers.
10 Clergymen and missionaries.
6 Widows of Clergymen.
1 Wife of missionary.
23 Widows and orphans of civilians.
75 Planters, railway officials, &c.
_Queen Victoria’s Proclamation to the Princes, Chiefs, and People of
India.—Read in the principal Cities of India, November 1, 1858._ (See p.
612.)
VICTORIA, by the Grace of God, of the United Kingdom of Great Britain
and Ireland, and of the Colonies and Dependencies thereof in Europe,
Asia, Africa, America, and Australasia, Queen, Defender of the Faith.
Whereas, for divers weighty reasons, we have resolved, by and with the
advice and consent of the Lords Spiritual and Temporal, and Commons in
Parliament assembled, to take upon ourselves the government of the
territories in India, heretofore administered in trust for us by the
Honourable East India Company:
Now, therefore, we do by these presents notify and declare that, by the
advice and consent aforesaid, we have taken upon ourselves the said
government; and we hereby call upon all our subjects within the said
territories to be faithful and to bear true allegiance to us, our heirs
and successors, and to submit themselves to the authority of those whom
we may hereafter from time to time see fit to appoint to administer the
government of our said territories, in our name and on our behalf.
And we, reposing especial trust and confidence in the loyalty, ability,
and judgment of our right trusty and well-beloved cousin and councillor,
Charles John Viscount Canning, do hereby constitute and appoint him, the
said Viscount Canning, to be our first Viceroy and Governor-general in
and over our said territories, and to administer the government thereof
in our name, and generally to act in our name and on our behalf: subject
to such orders and regulations as he shall, from time to time, receive
from us through one of our principal Secretaries of State.
And we do hereby confirm in their several offices, civil and military,
all persons now employed in the service of the Honourable East India
Company, subject to our future pleasure, and to such laws and
regulations as may hereafter be enacted.
We hereby announce to the native Princes of India that all treaties and
engagements made with them by or under the authority of the Honourable
East India Company, are by us accepted, and will be scrupulously
maintained; and we look for the like observance on their part.
We desire no extension of our present territorial possessions; and while
we will permit no aggression upon our dominions or our rights to be
attempted with impunity, we shall sanction no encroachment on those of
others. We shall respect the rights, dignity, and honour of native
princes as our own; and we desire that they, as well as our own
subjects, should enjoy that prosperity and that social advancement which
can only be secured by internal peace and good government.
We hold ourselves bound to the natives of our Indian territories by the
same obligations of duty which bind us to all our other subjects; and
those obligations, by the blessing of Almighty God, we shall faithfully
and conscientiously fulfil.
Firmly relying ourselves on the truth of Christianity, and acknowledging
with gratitude the solace of religion, we disclaim alike the right and
the desire to impose our convictions on any of our subjects. We declare
it to be our Royal will and pleasure that none be in anywise favoured,
none molested or disquieted, by reason of their religious faith or
observances, but that all shall alike enjoy the equal and impartial
protection of the law; and we do strictly charge and enjoin all those
who may be in authority under us that they abstain from all interference
with the religious belief or worship of any of our subjects, on pain of
our highest displeasure.
And it is our further will that, so far as may be, our subjects, of
whatever race or creed, be freely and impartially admitted to offices in
our service, the duties of which they may be qualified, by their
education, ability, and integrity, duly to discharge.
We know and respect the feelings of attachment with which the natives of
India regard the lands inherited by them from their ancestors, and we
desire to protect them in all rights connected therewith, subject to the
equitable demands of the State; and we will that, generally, in framing
and administering the law, due regard be paid to the ancient rights,
usages, and customs of India.
We deeply lament the evils and misery which have been brought upon India
by the acts of ambitious men, who have deceived their countrymen by
false reports, and led them into open rebellion. Our power has been
shewn by the suppression of that rebellion in the field; we desire to
shew our mercy by pardoning the offences of those who have been thus
misled, but who desire to return to the path of duty.
Already in one province, with a view to stop the further effusion of
blood, and to hasten the pacification of our Indian dominions, our
Viceroy and Governor-general has held out the expectation of pardon, on
certain terms, to the great majority of those who in the late unhappy
disturbances have been guilty of offences against our government; and
has declared the punishment which will be inflicted on those whose
crimes place them beyond the reach of forgiveness. We approve and
confirm the said act of our Viceroy and Governor-general, and do further
announce and proclaim as follows:
Our clemency will be extended to all offenders, save and except those
who have been or shall be convicted of having directly taken part in the
murder of British subjects.
With regard to such, the demands of justice forbid the exercise of
mercy.
To those who have willingly given asylum to murderers, knowing them to
be such, or who may have acted as leaders or instigators in revolt,
their lives alone can be guaranteed; but in appointing the penalty due
to such persons, full consideration will be given to the circumstances
under which they have been induced to throw off their allegiance; and
large indulgence will be shewn to those whose crimes may appear to have
originated in a too credulous acceptance of the false reports circulated
by designing men.
To all others in arms against the government, we hereby promise
unconditional pardon, amnesty, and oblivion of all offences against
ourselves, our crown and dignity, on their return to their homes and
peaceful pursuits.
It is our Royal pleasure that these terms of grace and amnesty should be
extended to all those who comply with their conditions before the first
day of January next.
When, by the blessing of Providence, internal tranquillity shall be
restored, it is our earnest desire to stimulate the peaceful industry of
India, to promote works of public utility and improvement, and to
administer its government for the benefit of all our subjects resident
therein. In their prosperity will be our strength, in their contentment
our security, and in their gratitude our best reward. And may the God of
all power grant unto us, and to those in authority under us, strength to
carry out these our wishes for the good of our people.
_Viscount Canning’s Proclamation.—Issued at Allahabad, November 1,
1858._ (See p. 612.)
Her Majesty the Queen having declared that it is her gracious pleasure
to take upon herself the government of the British territories in India,
the Viceroy and Governor-general hereby notifies that from this day all
acts of the government of India will be done in the name of the Queen
alone.
From this day, all men of every race and class who, under the
administration of the Honourable East India Company, have joined to
uphold the honour and power of England, will be the servants of the
Queen alone.
The Governor-general summons them, one and all, each in his degree, and
according to his opportunity, and with his whole heart and strength, to
aid in fulfilling the gracious will and pleasure of the Queen, as set
forth in her royal proclamation.
From the many millions of her Majesty’s native subjects in India, the
Governor-general will now, and at all times, exact a loyal obedience to
the call which, in words full of benevolence and mercy, their Sovereign
has made upon their allegiance and faithfulness.
[Illustration]
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Footnote 205:
The chairman and deputy-chairman.
Footnote 206:
Lord Stanley, president of the Board of Control.
CHRONOLOGICAL TABLE.
Events in India.
1857.