Studies in history and jurisprudence, volume 1 (of 2)

Part 4

Chapter 43,863 wordsPublic domain

The opening up of India by railroads suggests not a few interesting questions which, however, I can do no more than indicate here. Railroad construction has imposed upon the Indian exchequer a strain all the heavier because some lines, especially those on the north-west frontier, having been undertaken from strategic rather than commercial motives, will yield no revenue at all proportionate to their cost. It has been suggested that although railroads were meant to benefit the peasantry, they may possibly have increased the risk of famine, since they induce the producer to export the grain which was formerly locally stored up in good years to meet the scarcity of bad years. The comparative quickness with which food can be carried by rail into a famine area does not—so it is argued—compensate for the loss of these domestic reserves. Railways, bringing the numerous races that inhabit India into a closer touch with one another than was possible before, are breaking down, slowly but surely, the demarcations of caste, and are tending towards an assimilation of the jarring elements, racial and linguistic, as well as religious, which have divided India into a number of distinct, and in many cases hostile, groups. Centuries may elapse before this assimilation can become a source of political danger to the rulers of the country: yet we discern the beginnings of the process now, especially in the more educated class. The Roman roads, being highways of commerce as well as of war, contributed powerfully to draw together the peoples whom Rome ruled into one imperial nationality. But this was a process which, as we shall presently note, was for Rome an unmixed gain, since it strengthened the cohesion of an Empire whose inhabitants had every motive for loyalty to the imperial Government, if not always to the particular sovereign. The best efforts of Britain may not succeed in obtaining a similar attachment from her Indian subjects, and their union into a body animated by one national sentiment might become an element of danger against which she has never yet been required to take precautions.

The excellence of the highways of communication provided by the wise energy of the Romans and of the English has contributed not only to the easier defence of the frontiers of both Empires, but also to the maintenance of a wonderfully high standard of internal peace and order. Let any one think of the general state of the ancient world before the conquests of Rome, and let him then think of the condition not merely of India after the death of the Emperor Aurungzeb, but of the chief European countries as they stood in the seventeenth century, if he wishes to appreciate what Rome did for her subjects, or what England has done in India. In some parts of Europe private war still went on two hundred and fifty years ago. Almost everywhere robber bands made travelling dangerous and levied tribute upon the peasantry. Even in the eighteenth century, and even within our own islands, Rob Roy raided the farmers of Lennox, and landlords in Connaught fought pitched battles with one another at the head of their retainers. Even a century ago the coasts of the Mediterranean were ravaged by Barbary pirates, and brigandage reigned unchecked through large districts of Italy. But in the best days of the Roman Empire piracy was unknown; the peasantry were exempt from all exactions except those of the tax-gatherer; and the great roads were practically safe for travellers. Southern and western Europe, taken as a whole, would seem to have enjoyed better order under Hadrian and the Antonines than was enjoyed again until nearly our own times. This was the more remarkable because the existence of slavery must have let loose upon society, in the form of runaway slaves, a good many dangerous characters. Moreover, there remained some mountainous regions where the tribes had been left practically to themselves under their own rude customs. These enclaves of barbarism within civilized territory, such as was Albania, in the central mountain knot of which no traces of Roman building have been found, and the Isaurian country in Asia Minor, and possibly the Cantabrian land on the borders of south-western Gaul and northern Spain, where the Basque tongue still survives, do not appear to have seriously interfered with the peace and well-being of the settled population which dwelt around them, probably because the mountaineers knew that it was only by good behaviour that they could obtain permission to enjoy the measure of independence that had been left to them. The parts of provincial Africa which lay near the desert were less orderly, because it was not easy to get behind the wild tribes who had the Sahara at their back.

The internal peace of the Roman Empire was, however, less perfect than that which has been established within the last sixty years in India. Nothing surprises the visitor from Europe so much as the absolute confidence with which he finds himself travelling unprotected across this vast country, through mountains and jungles, among half savage tribes whose languages he does not know, and that without seeing, save at rare intervals, any sign of European administration. Nor is this confined to British India. It is almost the same in Native States. Even along the lofty forest and mountain frontier that separates the native (protected) principality of Sikkim from Nepal—the only really independent Indian State—an Englishman may journey unarmed and alone, except for a couple of native attendants, for a week or more. When he asks his friends at Darjiling, before he starts, whether he ought to take a revolver with him, they smile at the question. There is not so complete a security for native travellers, especially in native States, for here and there bands of brigands called Dacoits infest the tracks, and rob, sometimes the wayfarer, sometimes the peasant, escaping into the recesses of the jungle when the police are after them. But dacoity, though it occasionally breaks out afresh in a few districts, has become much less frequent than formerly. The practice of Thuggi which seventy years ago still caused many murders, has been extirpated by the unceasing energy of British officers. Crimes of violence show a percentage to the population which appears small when one considers how many wild tribes remain. The native of course suffers from violence more frequently than does the European, whose prestige of race, backed by the belief that punishment will surely follow on any injury done to him, keeps him safe in the wildest districts[6].

Footnote 6:

An incident like the murder in 1889 of the British Resident at Manipur, a small Protected State in the hill country between Assam and Burma, is so rare and excites so much surprise and horror as to be the best proof of the general tranquillity. In that case there had been some provocation, though not on the part of the Resident himself, an excellent man of conciliatory temper.

I have referred to the enclaves within the area of the Roman Empire where rude peoples were allowed to live after their own fashion so long as they did not disturb the peace of their more civilized neighbours. One finds the Indian parallel to these districts, not so much in the Native States, for these are often as advanced in the arts of life, and, in a very few instances, almost as well administered, as British territory, but rather in the hill tribes, which in parts of central, of north-western, and of southern India, have retained their savage or semi-savage customs, under their own chiefs, within the provinces directly subject to the Crown. These tribes, as did the Albanians and Basques, cleave to their primitive languages, and cleave also to their primitive forms of ghost-worship or nature-worship, though Hinduism is beginning to lay upon them its tenacious grasp. Of one another’s lives and property they are not very careful. But they are awed by the European and leave him unmolested.

The success of the British, like that of the Roman administration in securing peace and good order, has been due, not merely to a sense of the interest which a government has in maintaining conditions which, because favourable to industry are favourable also to revenue, but also to the high ideal of the duties of a ruler which both nations have set before themselves. Earlier Empires, like those of the Persian Achaemenids or of the successors of Alexander, had been content to tax their subjects and raise armies from them. No monarch, except perhaps some of the Ptolemies in Egypt, seems to have set himself to establish a system from which his subjects would benefit. Rome, with larger and higher views, gave to those whom she conquered some compensations in better administration for the national independence she extinguished. Her ideals rose as she acquired experience, and as she came to feel the magnificence of her position. Even under the Republic attempts were made to check abuses of power on the part of provincial governors. The proceedings against Verres, which we know so well because Cicero’s speeches against that miscreant have been preserved, are an instance of steps taken in the interests of a province whose discontent was so little likely to harm Rome that no urgent political necessity prescribed them. Those proceedings showed how defective was the machinery for controlling or punishing a provincial governor; and it is clear enough that a great deal of extortion and misfeasance went on under proconsuls and propraetors in the later days of the Republic, to the enrichment, not only of those functionaries, but of the hungry swarm who followed them, including men who, like the poet Catullus, were made for better things[7]. With the establishment of a monarchy administration improved. The Emperor had a more definite responsibility for securing the welfare and contentment of the provinces than had been felt by the Senate or the jurors of the Republic, swayed by party interest or passion, not to speak of more sordid motives. He was, moreover, able to give effect to his wishes more promptly and more effectively. He could try an incriminated official in the way he thought best, and mete out appropriate punishment. It may indeed be said that the best proof of the incompetence of the Republican system for the task of governing the world, and of the need for the concentration of powers in a single hand, is to be found in the scandals of provincial administration, scandals which, so far as we can judge, could not have been remedied without a complete change either in the tone and temper of the ruling class at Rome, or in the ancient constitution itself.

Footnote 7:

Poems x and xxviii. It is some comfort to know that Catullus obtained in Bithynia only themes for some of his most charming verses (see poems iv and xlvi). Gains would probably have been ill-gotten.

On this point the parallel with the English in India is interesting, dissimilar as the circumstances were. The English administration began with extortions and corruptions. Officials were often rapacious, sometimes unjust, in their dealings with the native princes. But the statesmen and the public opinion of England, even in the latter half of the eighteenth century, had higher standards than those of Rome in the days of Sulla and Cicero, while the machinery which the House of Commons provided for dealing with powerful offenders was more effective than the Roman method of judicial proceedings before tribunals which could be, and frequently were, bribed. The first outbreak of greed and corruption in Bengal was dealt with by the strong hand of Clive in 1765. It made so great an impression at home as to give rise to a provision in a statute of 1773, making offences against the provisions of that Act or against the natives of India, punishable by the Court of King’s Bench in England. By Pitt’s Act of 1784, a Special Court, consisting of three judges, four peers, and six members of the House of Commons, was created for the trial in England of offences committed in India. This singular tribunal, which has been compared with the _quaestio perpetua_ (_de pecuniis repetundis_) of Senators created by a Roman statute of B.C. 149 to try offences committed by Roman officials against provincials, has never acted, or even been summoned[8]. Soon after it came the famous trial which is more familiar to Englishmen than any other event in the earlier relations of England and India. The impeachment of Warren Hastings has often been compared with the trial of Verres, though Hastings was not only a far more capable, but a far less culpable man. Hastings, like Verres, was not punished. But the proceedings against him so fixed the attention of the nation upon the administration of India as to secure for wholesome principles of conduct a recognition which was never thereafter forgotten. The Act of 1784 in establishing a Board of Control responsible to Parliament found a means both for supervising the behaviour of officials and for taking the large political questions which arose in India out of the hands of the East India Company. This Board continued till India was placed under the direct sway of the British Crown in 1858. At the same time the appointment of Governors-General who were mostly men of wealth, and always men of rank and position at home, provided a safeguard against such misconduct as the proconsuls under the Roman Republic had been prone to commit. These latter had little to fear from prosecution when their term of office was over, and the opinion of their class was not shocked by offences which would have fatally discredited an English nobleman. The standard by which English public opinion judges the behaviour of Indian or Colonial officials has, on the whole, risen during the nineteenth century; and the idea that the government of subject-races is to be regarded as a trust to be discharged with a sense of responsibility to God and to humanity at large has become generally accepted. Probably the action of the Emperors, or at least of such men as Trajan and his three successors, raised the standard of opinion in the Roman Empire also. It was, however, not so much to that opinion as to their sovereign master that Roman officials were responsible. The general principles of policy which guided the Emperors were sound, but how far they were applied to check corruption or oppression in each particular case is a matter on which we are imperfectly informed. Under an indolent or vicious Emperor, a governor who had influence at Court, or who remitted the full tribute punctually, may probably have sinned with impunity.

Footnote 8:

See Sir C. P. Ilbert’s _Government of India_, p. 68. The provision creating this Court has never been repealed.

The government of India by the English resembles that of her provinces by Rome in being thoroughly despotic. In both cases, whatever may have been done for the people, nothing was or is done by the people. There was under Rome, and there is in British India, no room for popular initiative, or for popular interference with the acts of the rulers, from the Viceroy down to a district official. For wrongs cognizable by the courts of law, the courts of law were and are open, doubtless more fully open in India than they were in the Roman Empire. But for errors in policy or for defects in the law itself, the people of a province had no remedy available in the Roman Empire except through petition to the sovereign. Neither is there now in India any recourse open to the inhabitants except an appeal to the Crown or to Parliament, a Parliament in which the Indian subjects of the Crown have not been, and cannot be, represented. This was, and is, by the nature of the case, inevitable.

In comparing the governmental systems of the two Empires, it is hardly necessary to advert to such differences as the fact that India is placed under a Viceroy to whom all the other high functionaries, Governors, Lieutenant-Governors and Chief Commissioners, are subordinated, whereas in the Roman world every provincial governor stood directly under the Emperor. Neither need one dwell upon the position in the English system of the Secretary of State for India in Council as a member of the British Cabinet. Such details do not affect the main point to which I now come.

The territories conquered by the Romans were of three kinds. Some, such as Egypt, Macedonia, and Pontus, had been, under their own princes, monarchies practically despotic. In these, of course, there could be no question of what we call popular government. Some had been tribal principalities, monarchic or oligarchic, such as those among the Iceni and Brigantes in Britain, the Arverni in Gaul, the Cantabrian mountaineers in Spain. Here, again, free institutions had not existed before, and could hardly have been created by the conqueror. The third kind consisted of small commonwealths, such as the Greek cities. These were fitted for self-government, which indeed they had enjoyed before they were subjected by Rome. Very wisely, municipal self-government was to a large extent left to them by the Emperors down till the time of Justinian. It was more complete in some cities than in others; and it was in nearly all gradually reduced by the equalizing pressure of the central authority. But they were all placed under the governor of the province; most of them paid taxes, and in most both the criminal and the higher civil jurisdiction were in the hands of imperial officials. Of the introduction of any free institutions for the empire at large, or even for any province as a whole, there seems never to have been any question. Among the many constitutional inventions we owe to the ancient world representative government finds no place. A generation before the fall of the Republic, Rome had missed her opportunity when the creation of such a system was most needed and might have been most useful. After her struggle against the league of her Italian allies, she consented to admit them to vote in her own city tribes, instead of taking what seems to us moderns the obvious expedient of allowing them to send delegates to an assembly which should meet in Rome. So it befell that monarchy and a city republic or confederation of such republics remained the only political forms known to antiquity[9].

Footnote 9:

The nearest approach to any kind of provincial self-government and also the nearest approach to a representative system was made in the Provincial Councils which seem from the time of Augustus down to the fifth century to have existed in all or nearly all the provinces. They consisted of delegates from the cities of each province, and met annually in some central place, where stood the temple or altar to Rome and Augustus. They were presided over by the priest of these divinities, and their primary functions were to offer sacrifices, provide for the expense of the annual games, and elect the priest for next year. However they seem to have also passed resolutions, such as votes of thanks to the outgoing priest or to a departing governor, and to have transmitted requests or inquiries to the Emperor. Sometimes they arranged for the prosecution of a governor who had misgoverned them: but on the whole their functions were more ceremonial and ornamental than practically important; nor would the emperors have suffered them to exert any real power, though they were valued as useful vehicles of provincial opinion (see Marquardt, _Römische Staatsverwaltung_, vol. i, and an article in _Eng. Hist. Review_ for April, 1893, by Mr. E. G. Hardy.)

India is ruled despotically by the English, not merely because they found her so ruled, but because they conceive that no other sort of government would suit a vast population of different races and tongues, divided by the religious animosities of Hindus and Musulmans, and with no sort of experience of self-government on a scale larger than that of the Village Council. No more in India than in the Roman Empire has there been any question of establishing free institutions either for the country as a whole, or for any particular province. But the English, like the Romans, have permitted such self-government as they found to subsist. It subsists only in the very rudimentary but very useful form of the Village Council just referred to, called in some parts of India the Panchayet or body of five. Of late years municipal constitutions, resembling at a distance those of English boroughs, have been given to some of the larger cities as a sort of experiment, for the sake of training the people to a sense of public duty, and of relieving the provincial government of local duties. So far the experiment has in most cities been only a moderate success. The truth is that, though a few intelligent men, educated in European ideas, complain of the despotic power of the Anglo-Indian bureaucracy, the people of India generally do not wish to govern themselves. Their traditions, their habits, their ideas, are all the other way, and dispose them to accept submissively any rule which is strong and which neither disturbs their religion and customs nor lays too heavy imposts upon them.

Here let an interesting contrast be noted. The Roman Emperors were despots at home in Italy, almost as much, and ultimately quite as much, as in the provinces. The English govern their own country on democratic, India on absolutist principles. The inconsistency is patent but inevitable. It affords an easy theme for declamation when any arbitrary act of the Indian administration gives rise to complaints, and it may fairly be used as the foundation for an argument that a people which enjoys freedom at home is specially bound to deal justly and considerately with those subjects to whom she refuses a like freedom. But every one admits in his heart that it is impossible to ignore the differences which make one group of races unfit for the institutions which have given energy and contentment to another more favourably placed.

A similar inconsistency presses on the people of the United States in the Philippine Isles. It is a more obtrusive inconsistency because it has come more abruptly, because it has come, not by the operation of a long series of historical causes, but by the sudden and little considered action of the American Republic itself, and because the American Republic has proclaimed, far more loudly and clearly than the English have ever done, the principle contained in the Declaration of Independence that the consent of the governed is the only foundation of all just government. The Americans will doubtless in time either reconcile themselves to their illogical position or alter it. But for the present it gives to thoughtful men among them visions of mocking spirits, which the clergy are summoned to exorcize by dwelling upon the benefits which the diffusion of a pure faith and a commercial civilization will confer upon the lazy and superstitious inhabitants of these tropical isles.