No More Learning

And what have we made India? We
found society throughout that vast country in a state to which history
scarcely furnishes a parallel. The nearest parallel would, perhaps, be
the state of Europe during the fifth century. The Mogul empire in the
time of the successors of Aurungzebe, like the Roman empire in the time
of the successors of Theodosius, was sinking under the vices of a bad
internal administration, and under the assaults of barbarous invaders.
At Delhi, as at Ravenna, there was a mock sovereign, immured in a
gorgeous state prison. He was suffered to indulge in every sensual
pleasure. He was adored with servile prostrations. He assumed and
bestowed the most magnificent titles. But, in fact, he was a mere puppet
in the hands of some ambitious subject. While the Honorii and Augustuli
of the East, surrounded by their fawning eunuchs, reveled and dozed
without knowing or caring what might pass beyond the walls of their
palace gardens, the provinces had ceased to respect a government which
could neither punish nor protect them. Society was a chaos. Its restless
and shifting elements formed themselves every moment into some new
combination, which the next moment dissolved. In the course of a single
generation a hundred dynasties grew up, flourished, decayed, were
extinguished, were forgotten. Every adventurer who could muster a troop
of horse might aspire to a throne. Every palace was every year the scene
of conspiracies, treasons, revolutions, parricides. Meanwhile a rapid
succession of Alarics and Attilas passed over the defenceless empire.
A Persian invader penetrated to Delhi, and carried back in triumph
the most precious treasures of the House of Tamerlane. The Afghan soon
followed by the same track, to glean whatever the Persian had spared.
The Jauts established themselves on the Jumna. The Seiks devastated
Lahore. Every part of India, from Tanjore to the Himalayas, was laid
under contribution by the Mahrattas. The people were ground down to the
dust by the oppressor without and the oppressor within, by the robber
from whom the Nabob was unable to protect them, by the Nabob who took
whatever the robber had left to them. All the evils of despotism, and
all the evils of anarchy, pressed at once on that miserable race. They
knew nothing of government but its exactions. Desolation was in their
imperial cities, and famine all along the banks of their broad and
redundant rivers. It seemed that a few more years would suffice to
efface all traces of the opulence and civilisation of an earlier age.

Such was the state of India when the Company began to take part in the
disputes of its ephemeral sovereigns. About eighty years have elapsed
since we appeared as auxiliaries in a contest between two rival families
for the sovereignty of a small corner of the Peninsula. From that
moment commenced a great, a stupendous process, the reconstruction of a
decomposed society. Two generations have passed away; and the process is
complete. The scattered fragments of the empire of Aurungzebe have been
united in an empire stronger and more closely knit together than that
which Aurungzebe ruled. The power of the new sovereigns penetrates their
dominions more completely, and is far more implicitly obeyed, than was
that of the proudest princes of the Mogul dynasty.

It is true that the early history of this great revolution is chequered
with guilt and shame. It is true that the founders of our Indian Empire
too often abused the strength which they derived from superior energy
and superior knowledge. It is true that, with some of the highest
qualities of the race from which they sprang, they combined some of the
worst defects of the race over which they ruled. How should it have
been otherwise? Born in humble stations, accustomed to earn a slender
maintenance by obscure industry, they found themselves transformed in
a few months from clerks drudging over desks, or captains in marching
regiments, into statesmen and generals, with armies at their command,
with the revenues of kingdoms at their disposal, with power to make and
depose sovereigns at their pleasure. They were what it was natural that
men should be who had been raised by so rapid an ascent to so dizzy an
eminence, profuse and rapacious, imperious and corrupt.

It is true, then, that there was too much foundation for the
representations of those satirists and dramatists who held up the
character of the English Nabob to the derision and hatred of a former
generation. It is true that some disgraceful intrigues, some unjust
and cruel wars, some instances of odious perfidy and avarice, stain the
annals of our Eastern Empire. It is true that the duties of government
and legislation were long wholly neglected or carelessly performed. It
is true that when the conquerors at length began to apply themselves
in earnest to the discharge of their high functions, they committed the
errors natural to rulers who were but imperfectly acquainted with the
language and manners of their subjects. It is true that some plans,
which were dictated by the purest and most benevolent feelings have not
been attended by the desired success. It is true that India suffers to
this day from a heavy burden of taxation and from a defective system of
law. It is true, I fear, that in those states which are connected with
us by subsidiary alliance, all the evils of oriental despotism have
too frequently shown themselves in their most loathsome and destructive
form.

All this is true. Yet in the history and in the present state of our
Indian Empire I see ample reason for exultation and for a good hope.

I see that we have established order where we found confusion. I see
that the petty dynasties which were generated by the corruption of the
great Mahometan Empire, and which, a century ago, kept all India in
constant agitation, have been quelled by one overwhelming power. I see
that the predatory tribes, which, in the middle of the last century,
passed annually over the harvests of India with the destructive rapidity
of a hurricane, have quailed before the valour of a braver and sterner
race, have been vanquished, scattered, hunted to their strongholds, and
either extirpated by the English sword, or compelled to exchange the
pursuits of rapine for those of industry.

I look back for many years; and I see scarcely a trace of the vices
which blemished the splendid fame of the first conquerors of Bengal.
I see peace studiously preserved. I see faith inviolably maintained
towards feeble and dependent states. I see confidence gradually infused
into the minds of suspicious neighbours. I see the horrors of war
mitigated by the chivalrous and Christian spirit of Europe. I see
examples of moderation and clemency, such as I should seek in vain in
the annals of any other victorious and dominant nation. I see captive
tyrants, whose treachery and cruelty might have excused a severe
retribution, living in security, comfort, and dignity, under the
protection of the government which they laboured to destroy.

I see a large body of civil and military functionaries resembling in
nothing but capacity and valour those adventurers who, seventy years
ago, came hither, laden with wealth and infamy, to parade before our
fathers the plundered treasures of Bengal and Tanjore. I reflect with
pride that to the doubtful splendour which surrounds the memory of
Hastings and of Clive, we can oppose the spotless glory of Elphinstone
and Munro. I contemplate with reverence and delight the honourable
poverty which is the evidence of rectitude firmly maintained amidst
strong temptations. I rejoice to see my countrymen, after ruling
millions of subjects, after commanding victorious armies, after
dictating terms of peace at the gates of hostile capitals, after
administering the revenues of great provinces, after judging the causes
of wealthy Zemindars, after residing at the courts of tributary Kings,
return to their native land with no more than a decent competence.

I see a government anxiously bent on the public good. Even in its errors
I recognise a paternal feeling towards the great people committed to
its charge. I see toleration strictly maintained: yet I see bloody
and degrading superstitions gradually losing their power. I see the
morality, the philosophy, the taste of Europe, beginning to produce a
salutary effect on the hearts and understandings of our subjects. I see
the public mind of India, that public mind which we found debased
and contracted by the worst forms of political and religious tyranny,
expanding itself to just and noble views of the ends of government and
of the social duties of man.

I see evils: but I see the government actively employed in the work
of remedying those evils. The taxation is heavy; but the work of
retrenchment is unsparingly pursued. The mischiefs arising from the
system of subsidiary alliance are great: but the rulers of India are
fully aware of those mischiefs, and are engaged in guarding against
them. Wherever they now interfere for the purpose of supporting a native
government, they interfere also for the purpose of reforming it.

Seeing these things, then, am I prepared to discard the Company as
an organ of government? I am not. Assuredly I will never shrink from
innovation where I see reason to believe that innovation will
be improvement. That the present Government does not shrink from
innovations which it considers as improvements the bill now before the
House sufficiently shows. But surely the burden of the proof lies on the
innovators. They are bound to show that there is a fair probability
of obtaining some advantage before they call upon us to take up the
foundations of the Indian government. I have no superstitious veneration
for the Court of Directors or the Court of Proprietors. Find me a better
Council: find me a better constituent body: and I am ready for a change.
But of all the substitutes for the Company which have hitherto been
suggested, not one has been proved to be better than the Company; and
most of them I could, I think, easily prove to be worse. Circumstances
might force us to hazard a change. If the Company were to refuse to
accept of the government unless we would grant pecuniary terms which I
thought extravagant, or unless we gave up the clauses in this bill which
permit Europeans to hold landed property and natives to hold office, I
would take them at their word. But I will not discard them in the mere
rage of experiment.

Do I call the government of India a perfect government? Very far from
it. No nation can be perfectly well governed till it is competent to
govern itself. I compare the Indian government with other governments of
the same class, with despotisms, with military despotisms, with foreign
military despotisms; and I find none that approaches it in excellence.
I compare it with the government of the Roman provinces, with the
government of the Spanish colonies; and I am proud of my country and my
age. Here are a hundred millions of people under the absolute rule of
a few strangers, differing from them physically, differing from them
morally, mere Mamelukes, not born in the country which they rule,
not meaning to lay their bones in it. If you require me to make this
government as good as that of England, France, or the United States of
America, I own frankly that I can do no such thing. Reasoning a priori,
I should have come to the conclusion that such a government must be a
horrible tyranny. It is a source of constant amazement to me that it is
so good as I find it to be. I will not, therefore, in a case in which
I have neither principles nor precedents to guide me, pull down the
existing system on account of its theoretical defects. For I know that
any system which I could put in its place would be equally condemned by
theory, while it would not be equally sanctioned by experience.

Some change in the constitution of the Company was, as I have shown,
rendered inevitable by the opening of the China Trade; and it was
the duty of the Government to take care that the change should not
be prejudicial to India. There were many ways in which the compromise
between commerce and territory might have been effected. We might have
taken the assets, and paid a sum down, leaving the Company to invest
that sum as they chose. We might have offered English security with a
lower interest. We might have taken the course which the late ministers
designed to take. They would have left the Company in possession of the
means of carrying on its trade in competition with private merchants. My
firm belief is that, if this course had been taken, the Company must,
in a very few years, have abandoned the trade, or the trade would have
ruined the Company. It was not, however, solely or principally by regard
for the interest of the Company, or of English merchants generally, that
the Government was guided on this occasion. The course which appeared to
us the most likely to promote the interests of our Eastern Empire was to
make the proprietors of India stock creditors of the Indian territory.
Their interest will thus be in a great measure the same with the
interest of the people whom they are to rule. Their income will depend
on the revenues of their empire. The revenues of their empire
will depend on the manner in which the affairs of that empire are
administered. We furnish them with the strongest motives to watch over
the interests of the cultivator and the trader, to maintain peace, to
carry on with vigour the work of retrenchment, to detect and punish
extortion and corruption. Though they live at a distance from India,
though few of them have ever seen or may ever see the people whom they
rule, they will have a great stake in the happiness of their subjects.
If their misgovernment should produce disorder in the finances, they
will themselves feel the effects of that disorder in their own household
expenses. I believe this to be, next to a representative constitution,
the constitution which is the best security for good government. A
representative constitution India cannot at present have. And we have
therefore, I think, given her the best constitution of which she is
capable.

One word as to the new arrangement which we propose with respect to the
patronage. It is intended to introduce the principle of competition
in the disposal of writerships; and from this change I cannot but
anticipate the happiest results. The civil servants of the Company are
undoubtedly a highly respectable body of men; and in that body, as in
every large body, there are some persons of very eminent ability. I
rejoice most cordially to see this. I rejoice to see that the standard
of morality is so high in England, that intelligence is so generally
diffused through England, that young persons who are taken from the mass
of society, by favour and not by merit, and who are therefore only
fair samples of the mass, should, when placed in situations of high
importance, be so seldom found wanting. But it is not the less true that
India is entitled to the service of the best talents which England can
spare. That the average of intelligence and virtue is very high in
this country is matter for honest exultation. But it is no reason for
employing average men where you can obtain superior men. Consider
too, Sir, how rapidly the public mind of India is advancing, how much
attention is already paid by the higher classes of the natives to those
intellectual pursuits on the cultivation of which the superiority of
the European race to the rest of mankind principally depends. Surely,
in such circumstances, from motives of selfish policy, if from no higher
motive, we ought to fill the magistracies of our Eastern Empire with men
who may do honour to their country, with men who may represent the best
part of the English nation. This, Sir, is our object; and we believe
that by the plan which is now proposed this object will be attained. It
is proposed that for every vacancy in the civil service four candidates
shall be named, and the best candidate selected by examination. We
conceive that, under this system, the persons sent out will be young men
above par, young men superior either in talents or in diligence to the
mass. It is said, I know, that examinations in Latin, in Greek, and in
mathematics, are no tests of what men will prove to be in life. I am
perfectly aware that they are not infallible tests: but that they are
tests I confidently maintain. Look at every walk of life, at this House,
at the other House, at the Bar, at the Bench, at the Church, and see
whether it be not true that those who attain high distinction in the
world were generally men who were distinguished in their academic
career. Indeed, Sir, this objection would prove far too much even
for those who use it. It would prove that there is no use at all in
education. Why should we put boys out of their way? Why should we force
a lad, who would much rather fly a kite or trundle a hoop, to learn his
Latin Grammar? Why should we keep a young man to his Thucydides or his
Laplace, when he would much rather be shooting? Education would be mere
useless torture, if, at two or three and twenty, a man who had neglected
his studies were exactly on a par with a man who had applied himself to
them, exactly as likely to perform all the offices of public life with
credit to himself and with advantage to society. Whether the English
system of education be good or bad is not now the question. Perhaps I
may think that too much time is given to the ancient languages and
to the abstract sciences. But what then? Whatever be the languages,
whatever be the sciences, which it is, in any age or country, the
fashion to teach, the persons who become the greatest proficients in
those languages and those sciences will generally be the flower of
the youth, the most acute, the most industrious, the most ambitious
of honourable distinctions. If the Ptolemaic system were taught
at Cambridge instead of the Newtonian, the senior wrangler would
nevertheless be in general a superior man to the wooden spoon. If,
instead of learning Greek, we learned the Cherokee, the man who
understood the Cherokee best, who made the most correct and melodious
Cherokee verses, who comprehended most accurately the effect of the
Cherokee particles, would generally be a superior man to him who was
destitute of these accomplishments. If astrology were taught at our
Universities, the young man who cast nativities best would generally
turn out a superior man. If alchymy were taught, the young man who
showed most activity in the pursuit of the philosopher's stone would
generally turn out a superior man.

I will only add one other observation on this subject. Although I
am inclined to think that too exclusive an attention is paid in the
education of young English gentlemen to the dead languages, I conceive
that when you are choosing men to fill situations for which the very
first and most indispensable qualification is familiarity with foreign
languages, it would be difficult to find a better test of their fitness
than their classical acquirements.

Some persons have expressed doubts as to the possibility of procuring
fair examinations. I am quite sure that no person who has been either at
Cambridge or at Oxford can entertain such doubts. I feel, indeed, that I
ought to apologise for even noticing an objection so frivolous.

Next to the opening of the China trade, Sir, the change most eagerly
demanded by the English people was, that the restrictions on the
admission of Europeans to India should be removed. In this change there
are undoubtedly very great advantages. The chief advantage is, I think,
the improvement which the minds of our native subjects may be expected
to derive from free intercourse with a people far advanced beyond
themselves in intellectual cultivation. I cannot deny, however, that the
advantages are attended with some danger.

The danger is that the new comers, belonging to the ruling nation,
resembling in colour, in language, in manners, those who hold supreme
military and political power, and differing in all these respects from
the great mass of the population, may consider themselves as a superior
class, and may trample on the indigenous race. Hitherto there have been
strong restraints on Europeans resident in India. Licences were not
easily obtained. Those residents who were in the service of the Company
had obvious motives for conducting themselves with propriety. If they
incurred the serious displeasure of the Government, their hopes of
promotion were blighted. Even those who were not in the public service
were subject to the formidable power which the Government possessed of
banishing them at its pleasure.

The license of the Government will now no longer be necessary to persons
who desire to reside in the settled provinces of India. The power of
arbitrary deportation is withdrawn. Unless, therefore, we mean to leave
the natives exposed to the tyranny and insolence of every profligate
adventurer who may visit the East, we must place the European under
the same power which legislates for the Hindoo. No man loves political
freedom more than I. But a privilege enjoyed by a few individuals, in
the midst of a vast population who do not enjoy it, ought not to be
called freedom. It is tyranny. In the West Indies I have not the
least doubt that the existence of the Trial by Jury and of Legislative
Assemblies has tended to make the condition of the slaves worse than it
would otherwise have been. Or, to go to India itself for an instance,
though I fully believe that a mild penal code is better than a severe
penal code, the worst of all systems was surely that of having a mild
code for the Brahmins, who sprang from the head of the Creator, while
there was a severe code for the Sudras, who sprang from his feet. India
has suffered enough already from the distinction of castes, and from
the deeply rooted prejudices which that distinction has engendered. God
forbid that we should inflict on her the curse of a new caste, that we
should send her a new breed of Brahmins, authorised to treat all the
native population as Parias!

With a view to the prevention of this evil, we propose to give to the
Supreme Government the power of legislating for Europeans as well as for
natives. We propose that the regulations of the Government shall bind
the King's Court as they bind all other courts, and that registration
by the Judges of the King's Courts shall no longer be necessary to give
validity to those regulations within the towns of Calcutta, Madras, and
Bombay.

I could scarcely, Sir, believe my ears when I heard this part of our
plan condemned in another place. I should have thought that it would
have been received with peculiar favour in that quarter where it has met
with the most severe condemnation. What, at present, is the case? If the
Supreme Court and the Government differ on a question of jurisdiction,
or on a question of legislation within the towns which are the seats of
Government, there is absolutely no umpire but the Imperial Parliament.
The device of putting one wild elephant between two tame elephants was
ingenious: but it may not always be practicable. Suppose a tame elephant
between two wild elephants, or suppose that the whole herd should run
wild together. The thing is not without example. And is it not most
unjust and ridiculous that, on one side of a ditch, the edict of the
Governor General should have the force of law, and that on the other
side it should be of no effect unless registered by the Judges of the
Supreme Court? If the registration be a security for good legislation,
we are bound to give that security to all classes of our subjects. If
the registration be not a security for good legislation, why give it to
any? Is the system good? Extend it. Is it bad! Abolish it. But in the
name of common sense do not leave it as it is. It is as absurd as our
old law of sanctuary. The law which authorises imprisonment for debt
may be good or bad. But no man in his senses can approve of the ancient
system under which a debtor who might be arrested in Fleet Street was
safe as soon as he had scampered into Whitefriars. Just in the same way,
doubts may fairly be entertained about the expediency of allowing four
or five persons to make laws for India; but to allow them to make laws
for all India without the Mahratta ditch, and to except Calcutta, is the
height of absurdity.

I say, therefore, that either you must enlarge the power of the Supreme
Court, and give it a general veto on laws, or you must enlarge the
power of the Government, and make its regulations binding on all
Courts without distinction. The former course no person has ventured to
propose. To the latter course objections have been made; but objections
which to me, I must own, seem altogether frivolous.

It is acknowledged that of late years inconvenience has arisen from the
relation in which the Supreme Court stands to the Government. But, it is
said, that Court was originally instituted for the protection of natives
against Europeans. The wise course would therefore be to restore its
original character.

Now, Sir, the fact is, that the Supreme Court has never been so
mischievous as during the first ten years of its power, or so
respectable as it has lately been. Everybody who knows anything of its
early history knows, that, during a considerable time, it was the terror
of Bengal, the scourge of the native population, the screen of European
delinquents, a convenient tool of the Government for all purposes of
evil, an insurmountable obstacle to the Government in all undertakings
for the public good; that its proceedings were made up of pedantry,
cruelty, and corruption; that its disputes with the Government were at
one time on the point of breaking up the whole fabric of society; and
that a convulsion was averted only by the dexterous policy of Warren
Hastings, who at last bought off the opposition of the Chief Justice for
eight thousand pounds a year. It is notorious that, while the Supreme
Court opposed Hastings in all his best measures, it was a thoroughgoing
accomplice in his worst; that it took part in the most scandalous of
those proceedings which, fifty years ago, roused the indignation of
Parliament and of the country; that it assisted in the spoliation of the
princesses of Oude; that it passed sentence of death on Nuncomar. And
this is the Court which we are to restore from its present state of
degeneracy to its original purity. This is the protection which we are
to give to the natives against the Europeans. Sir, so far is it from
being true that the character of the Supreme Court has deteriorated,
that it has, perhaps, improved more than any other institution in India.
But the evil lies deep in the nature of the institution itself.
The
judges have in our time deserved the greatest respect. Their judgment
and integrity have done much to mitigate the vices of the system.
The worst charge that can be brought against any of them is that of
pertinacity, disinterested, conscientious pertinacity, in error. The
real evil is the state of the law. You have two supreme powers in India.
There is no arbitrator except a Legislature fifteen thousand miles off.
Such a system is on the face of it an absurdity in politics. My
wonder is, not that this system has several times been on the point
of producing fatal consequences to the peace and resources of
India;--those, I think, are the words in which Warren Hastings described
the effect of the contest between his Government and the Judges;--but
that it has not actually produced such consequences. The most
distinguished members of the Indian Government, the most distinguished
Judges of the Supreme Court, call upon you to reform this system. Sir
Charles Metcalfe, Sir Charles Grey, represent with equal urgency the
expediency of having one single paramount council armed with legislative
power. The admission of Europeans to India renders it absolutely
necessary not to delay our decision. The effect of that admission would
be to raise a hundred questions, to produce a hundred contests between
the Council and the judicature. The Government would be paralysed at the
precise moment at which all its energy was required. While the two equal
powers were acting in opposite directions, the whole machine of the
state would stand still. The Europeans would be uncontrolled. The
natives would be unprotected. The consequences I will not pretend to
foresee. Everything beyond is darkness and confusion.

Having given to the Government supreme legislative power, we next
propose to give to it for a time the assistance of a commission for the
purpose of digesting and reforming the laws of India, so that those laws
may, as soon as possible, be formed into a Code. Gentleman of whom I
wish to speak with the highest respect have expressed a doubt whether
India be at present in a fit state to receive a benefit which is not yet
enjoyed by this free and highly civilised country. Sir, I can allow to
this argument very little weight beyond that which it derives from the
personal authority of those who use it. For, in the first place, our
freedom and our high civilisation make this improvement, desirable as
it must always be, less indispensably necessary to us than to our Indian
subjects; and in the next place, our freedom and civilisation, I fear,
make it far more difficult for us to obtain this benefit for ourselves
than to bestow it on them.

I believe that no country ever stood so much in need of a code of laws
as India; and I believe also that there never was a country in which the
want might so easily be supplied. I said that there were many points of
analogy between the state of that country after the fall of the Mogul
power, and the state of Europe after the fall of the Roman empire. In
one respect the analogy is very striking. As there were in Europe then,
so there are in India now, several systems of law widely differing from
each other, but coexisting and coequal. The indigenous population has
its own laws. Each of the successive races of conquerors has brought
with it its own peculiar jurisprudence: the Mussulman his Koran and the
innumerable commentators on the Koran; the Englishman his Statute Book
and his Term Reports. As there were established in Italy, at one and
the same time, the Roman Law, the Lombard law, the Ripuarian law, the
Bavarian law, and the Salic law, so we have now in our Eastern empire
Hindoo law, Mahometan law, Parsee law, English law, perpetually mingling
with each other and disturbing each other, varying with the person,
varying with the place. In one and the same cause the process and
pleadings are in the fashion of one nation, the judgment is according
to the laws of another. An issue is evolved according to the rules
of Westminster, and decided according to those of Benares. The only
Mahometan book in the nature of a code is the Koran; the only Hindoo
book, the Institutes. Everybody who knows those books knows that they
provide for a very small part of the cases which must arise in every
community. All beyond them is comment and tradition. Our regulations in
civil matters do not define rights, but merely establish remedies. If
a point of Hindoo law arises, the Judge calls on the Pundit for an
opinion. If a point of Mahometan law arises, the Judge applies to the
Cauzee. What the integrity of these functionaries is, we may learn from
Sir William Jones. That eminent man declared that he could not answer
it to his conscience to decide any point of law on the faith of a Hindoo
expositor. Sir Thomas Strange confirms this declaration. Even if there
were no suspicion of corruption on the part of the interpreters of the
law, the science which they profess is in such a state of confusion that
no reliance can be placed on their answers. Sir Francis Macnaghten tells
us, that it is a delusion to fancy that there is any known and fixed law
under which the Hindoo people live; that texts may be produced on any
side of any question; that expositors equal in authority perpetually
contradict each other: that the obsolete law is perpetually confounded
with the law actually in force; and that the first lesson to be
impressed on a functionary who has to administer Hindoo law is that it
is vain to think of extracting certainty from the books of the jurist.
The consequence is that in practice the decisions of the tribunals are
altogether arbitrary. What is administered is not law, but a kind of
rude and capricious equity. I asked an able and excellent judge lately
returned from India how one of our Zillah Courts would decide
several legal questions of great importance, questions not involving
considerations of religion or of caste, mere questions of commercial
law. He told me that it was a mere lottery. He knew how he should
himself decide them. But he knew nothing more. I asked a most
distinguished civil servant of the Company, with reference to the clause
in this Bill on the subject of slavery, whether at present, if a dancing
girl ran away from her master, the judge would force her to go back.
"Some judges," he said, "send a girl back. Others set her at liberty.
The whole is a mere matter of chance. Everything depends on the temper
of the individual judge. "

Even in this country we have had complaints of judge-made law; even in
this country, where the standard of morality is higher than in almost
any other part of the world; where, during several generations, not
one depositary of our legal traditions has incurred the suspicion of
personal corruption; where there are popular institutions; where every
decision is watched by a shrewd and learned audience; where there is an
intelligent and observant public; where every remarkable case is fully
reported in a hundred newspapers; where, in short, there is everything
which can mitigate the evils of such a system. But judge-made law, where
there is an absolute government and a lax morality, where there is no
bar and no public, is a curse and a scandal not to be endured. It is
time that the magistrate should know what law he is to administer, that
the subject should know under what law he is to live. We do not mean
that all the people of India should live under the same law: far from
it: there is not a word in the bill, there was not a word in my right
honourable friend's speech, susceptible of such an interpretation.
We know how desirable that object is; but we also know that it is
unattainable. We know that respect must be paid to feelings generated by
differences of religion, of nation, and of caste. Much, I am persuaded,
may be done to assimilate the different systems of law without wounding
those feelings. But, whether we assimilate those systems or not, let us
ascertain them; let us digest them. We propose no rash innovation; we
wish to give no shock to the prejudices of any part of our subjects. Our
principle is simply this; uniformity where you can have it: diversity
where you must have it; but in all cases certainty.

As I believe that India stands more in need of a code than any other
country in the world, I believe also that there is no country on which
that great benefit can more easily be conferred. A code is almost the
only blessing, perhaps is the only blessing, which absolute governments
are better fitted to confer on a nation than popular governments.
The work of digesting a vast and artificial system of unwritten
jurisprudence is far more easily performed, and far better performed, by
few minds than by many, by a Napoleon than by a Chamber of Deputies and
a Chamber of Peers, by a government like that of Prussia or Denmark
than by a government like that of England. A quiet knot of two or three
veteran jurists is an infinitely better machinery for such a purpose
than a large popular assembly divided, as such assemblies almost always
are, into adverse factions. This seems to me, therefore, to be precisely
that point of time at which the advantage of a complete written code of
laws may most easily be conferred on India. It is a work which cannot
be well performed in an age of barbarism, which cannot without great
difficulty be performed in an age of freedom. It is a work which
especially belongs to a government like that of India, to an enlightened
and paternal despotism.

I have detained the House so long, Sir, that I will defer what I had to
say on some parts of this measure, important parts, indeed, but far less
important, as I think, than those to which I have adverted, till we are
in Committee. There is, however, one part of the bill on which, after
what has recently passed elsewhere, I feel myself irresistibly impelled
to say a few words. I allude to that wise, that benevolent, that noble
clause which enacts that no native of our Indian empire shall, by reason
of his colour, his descent, or his religion, be incapable of holding
office. At the risk of being called by that nickname which is regarded
as the most opprobrious of all nicknames by men of selfish hearts and
contracted minds, at the risk of being called a philosopher, I must say
that, to the last day of my life, I shall be proud of having been one
of those who assisted in the framing of the bill which contains that
clause. We are told that the time can never come when the natives of
India can be admitted to high civil and military office. We are told
that this is the condition on which we hold our power. We are told that
we are bound to confer on our subjects every benefit--which they
are capable of enjoying? --no;--which it is in our power to confer
on them? --no;--but which we can confer on them without hazard to the
perpetuity of our own domination. Against that proposition I solemnly
protest as inconsistent alike with sound policy and sound morality.

I am far, very far, from wishing to proceed hastily in this most
delicate matter. I feel that, for the good of India itself, the
admission of natives to high office must be effected by slow degrees.
But that, when the fulness of time is come, when the interest of India
requires the change, we ought to refuse to make that change lest we
should endanger our own power, this is a doctrine of which I cannot
think without indignation. Governments, like men, may buy existence too
dear. "Propter vitam vivendi perdere causas," is a despicable policy
both in individuals and in states. In the present case, such a policy
would be not only despicable, but absurd. The mere extent of empire
is not necessarily an advantage. To many governments it has been
cumbersome; to some it has been fatal. It will be allowed by every
statesman of our time that the prosperity of a community is made up of
the prosperity of those who compose the community, and that it is the
most childish ambition to covet dominion which adds to no man's comfort
or security. To the great trading nation, to the great manufacturing
nation, no progress which any portion of the human race can make in
knowledge, in taste for the conveniences of life, or in the wealth by
which those conveniences are produced, can be matter of indifference.
It is scarcely possible to calculate the benefits which we might derive
from the diffusion of European civilisation among the vast population of
the East. It would be, on the most selfish view of the case, far better
for us that the people of India were well governed and independent of
us, than ill governed and subject to us; that they were ruled by their
own kings, but wearing our broadcloth, and working with our cutlery,
than that they were performing their salams to English collectors and
English magistrates, but were too ignorant to value, or too poor to buy,
English manufactures. To trade with civilised men is infinitely more
profitable than to govern savages. That would, indeed, be a doting
wisdom, which, in order that India might remain a dependency, would make
it an useless and costly dependency, which would keep a hundred millions
of men from being our customers in order that they might continue to be
our slaves.

It was, as Bernier tells us, the practice of the miserable tyrants whom
he found in India, when they dreaded the capacity and spirit of some
distinguished subject, and yet could not venture to murder him, to
administer to him a daily dose of the pousta, a preparation of opium,
the effect of which was in a few months to destroy all the bodily and
mental powers of the wretch who was drugged with it, and to turn him
into a helpless idiot. The detestable artifice, more horrible than
assassination itself, was worthy of those who employed it. It is no
model for the English nation. We shall never consent to administer the
pousta to a whole community, to stupefy and paralyse a great people whom
God has committed to our charge, for the wretched purpose of rendering
them more amenable to our control. What is power worth if it is
founded on vice, on ignorance, and on misery; if we can hold it only
by violating the most sacred duties which as governors we owe to the
governed, and which, as a people blessed with far more than an ordinary
measure of political liberty and of intellectual light, we owe to a race
debased by three thousand years of despotism and priestcraft? We are
free, we are civilised, to little purpose, if we grudge to any portion
of the human race an equal measure of freedom and civilisation.

Are we to keep the people of India ignorant in order that we may keep
them submissive? Or do we think that we can give them knowledge without
awakening ambition? Or do we mean to awaken ambition and to provide it
with no legitimate vent? Who will answer any of these questions in the
affirmative? Yet one of them must be answered in the affirmative, by
every person who maintains that we ought permanently to exclude the
natives from high office. I have no fears. The path of duty is plain
before us: and it is also the path of wisdom, of national prosperity, of
national honour.

The destinies of our Indian empire are covered with thick darkness. It
is difficult to form any conjecture as to the fate reserved for a
state which resembles no other in history, and which forms by itself
a separate class of political phenomena. The laws which regulate its
growth and its decay are still unknown to us. It may be that the public
mind of India may expand under our system till it has outgrown that
system; that by good government we may educate our subjects into a
capacity for better government; that, having become instructed in
European knowledge, they may, in some future age, demand European
institutions. Whether such a day will ever come I know not. But never
will I attempt to avert or to retard it. Whenever it comes, it will be
the proudest day in English history. To have found a great people sunk
in the lowest depths of slavery and superstition, to have so ruled
them as to have made them desirous and capable of all the privileges of
citizens, would indeed be a title to glory all our own. The sceptre may
pass away from us. Unforeseen accidents may derange our most profound
schemes of policy. Victory may be inconstant to our arms. But there are
triumphs which are followed by no reverse. There is an empire exempt
from all natural causes of decay. Those triumphs are the pacific
triumphs of reason over barbarism; that empire is the imperishable
empire of our arts and our morals, our literature and our laws.

*****




EDINBURGH ELECTION, 1839. (MAY 29, 1839) A SPEECH DELIVERED AT EDINBURGH
ON THE 29TH OF MAY 1839.

The elevation of Mr Abercromby to the peerage in May 1839, caused a
vacancy in the representation of the city of Edinburgh. A meeting of
the electors was called to consider of the manner in which the vacancy
should be supplied. At this meeting the following Speech was made.

My Lord Provost and Gentlemen,--At the request of a very large and
respectable portion of your body, I appear before you as a candidate
for a high and solemn trust, which, uninvited, I should have thought
it presumption to solicit, but which, thus invited, I should think it
cowardice to decline. If I had felt myself justified in following my own
inclinations, I am not sure that even a summons so honourable as that
which I have received would have been sufficient to draw me away from
pursuits far better suited to my taste and temper than the turmoil of
political warfare. But I feel that my lot is cast in times in which
no man is free to judge, merely according to his own taste and temper,
whether he will devote himself to active or to contemplative life; in
times in which society has a right to demand, from every one of its
members, active and strenuous exertions. I have, therefore, obeyed your
call; and I now present myself before you for the purpose of offering
to you, not, what I am sure you would reject with disdain, flattery,
degrading alike to a candidate, and to a constituent body; but such
reasonable, candid, and manly explanations as become the mouth of a free
man ambitious of the confidence of a free people.

It is hardly necessary for me to say that I stand here unconnected with
this great community. It would be mere affectation not to acknowledge
that with respect to local questions I have much to learn; but I hope
that you will find in me no sluggish or inattentive learner. From an
early age I have felt a strong interest in Edinburgh, although attached
to Edinburgh by no other ties than those which are common to me with
multitudes; that tie which attaches every man of Scottish blood to the
ancient and renowned capital of our race; that tie which attaches every
student of history to the spot ennobled by so many great and memorable
events; that tie which attaches every traveller of taste to the most
beautiful of British cities; and that tie which attaches every lover
of literature to a place which, since it has ceased to be the seat of
empire, has derived from poetry, philosophy, and eloquence a far higher
distinction than empire can bestow. If to those ties it shall now be
your pleasure to add a tie still closer and more peculiar, I can only
assure you that it shall be the study of my life so to conduct myself
in these our troubled times that you may have no reason to be ashamed of
your choice.

Those gentlemen who invited me to appear as a candidate before you were
doubtless acquainted with the part which I took in public affairs during
the three first Parliaments of the late King. Circumstances have since
that time undergone great alteration; but no alteration has taken place
in my principles. I do not mean to say that thought, discussion, and the
new phenomena produced by the operation of a new representative system,
have not led me to modify some of my views on questions of detail; but,
with respect to the fundamental principles of government, my opinions
are still what they were when, in 1831 and 1832, I took part, according
to the measure of my abilities, in that great pacific victory which
purified the representative system of England, and which first gave a
real representative system to Scotland. Even at that time, Gentlemen,
the leaning of my mind was in favour of one measure to which the
illustrious leader of the Whig party, whose name ought never to be
mentioned without gratitude and reverence in any assembly of British
electors, I mean Earl Grey, was understood to entertain strong
objections, and to which his Cabinet, as a Cabinet, was invariably
opposed. I speak of the vote by ballot. All that has passed since that
time confirms me in the view which I was then inclined to take of
that important question. At the same time I do not think that all the
advantages are on one side and all the disadvantages on the other. I
must admit that the effect of the practice of secret voting would be to
withdraw the voter from the operation of some salutary and honourable,
as well as of some pernicious and degrading motives. But seeing, as
I cannot help seeing, that the practice of intimidation, instead of
diminishing, is gaining ground, I am compelled to consider whether the
time has not arrived when we are bound to apply what seems the only
efficient remedy. And I am compelled to consider whether, in doing so,
I am not strictly following the principles of the Reform Bill to the
legitimate conclusions. For surely those who supported the Reform Bill
intended to give the people of Britain a reality, not a delusion; to
destroy nomination, and not to make an outward show of destroying it;
to bestow the franchise, and not the name of the franchise; and least of
all, to give suffering and humiliation under the name of the franchise.
If men are to be returned to Parliament, not by popular election, but
by nomination, then I say without hesitation that the ancient system was
much the best. Both systems alike sent men to Parliament who were not
freely chosen by independent constituent bodies: but under the old
system there was little or no need of intimidation, while, under the new
system, we have the misery and disgrace produced by intimidation added
to the process. If, therefore, we are to have nomination, I prefer the
nomination which used to take place at Old Sarum to the nomination which
now takes place at Newark. In both cases you have members returned at
the will of one landed proprietor: but at Newark you have two hundred
ejectments into the bargain, to say nothing of the mortification and
remorse endured by all those who, though they were not ejected, yet
voted against their consciences from fear of ejectment.

There is perhaps no point on which good men of all parties are more
completely agreed than on the necessity of restraining and punishing
corruption in the election of Members of Parliament. The evils of
corruption are doubtless very great; but it appears to me that those
evils which are attributed to corruption may, with equal justice, be
attributed to intimidation, and that intimidation produces also some
monstrous evils with which corruption cannot be reproached. In both
cases alike the elector commits a breach of trust. In both cases alike
he employs for his own advantage an important power which was confided
to him, that it might be used, to the best of his judgment, for the
general good of the community. Thus far corruption and intimidation
operate in the same manner. But there is this difference betwixt the two
systems; corruption operates by giving pleasure, intimidation by giving
pain. To give a poor man five pounds causes no pain: on the contrary
it produces pleasure. It is in itself no bad act: indeed, if the five
pounds were given on another occasion, and without a corrupt object, it
might pass for a benevolent act. But to tell a man that you will reduce
him to a situation in which he will miss his former comforts, and in
which his family will be forced to beg their bread, is a cruel act.
Corruption has a sort of illegitimate relationship to benevolence, and
engenders some feelings of a cordial and friendly nature. There is a
notion of charity connected with the distribution of the money of the
rich among the needy, even in a corrupt manner. The comic writer who
tells us that the whole system of corruption is to be considered as a
commerce of generosity on one side and of gratitude on the other, has
rather exaggerated than misrepresented what really takes place in
many of these English constituent bodies where money is lavished to
conciliate the favour and obtain the suffrages of the people. But in
intimidation the whole process is an odious one. The whole feeling on
the part of the elector is that of shame, degradation, and hatred of the
person to whom he has given his vote. The elector is indeed placed in a
worse situation than if he had no vote at all; for there is not one of
us who would not rather be without a vote than be compelled to give it
to the person whom he dislikes above all others.

Thinking, therefore, that the practice of intimidation has all the evils
which are to be found in corruption, and that it has other evils which
are not to be found in corruption, I was naturally led to consider
whether it was possible to prevent it by any process similar to that by
which corruption is restrained. Corruption, you all know, is the subject
of penal laws. If it is brought home to the parties, they are liable to
severe punishment. Although it is not often that it can be brought
home, yet there are instances. I remember several men of large property
confined in Newgate for corruption. Penalties have been awarded
against offenders to the amount of five hundred pounds. Many members of
Parliament have been unseated on account of the malpractices of their
agents. But you cannot, I am afraid, repress intimidation by penal laws.
Such laws would infringe the most sacred rights of property. How can I
require a man to deal with tradesmen who have voted against him, or to
renew the leases of tenants who have voted against him? What is it that
the Jew says in the play?

"I'll not answer that,
But say it is my humour. "

Or, as a Christian of our own time has expressed himself, "I have a
right to do what I will with my own. " There is a great deal of weight
in the reasoning of Shylock and the Duke of Newcastle. There would be
an end of the right of property if you were to interdict a landlord
from ejecting a tenant, if you were to force a gentleman to employ a
particular butcher, and to take as much beef this year as last year.
The principle of the right of property is that a man is not only to
be allowed to dispose of his wealth rationally and usefully, but to
be allowed to indulge his passions and caprices, to employ whatever
tradesmen and labourers he chooses, and to let, or refuse to let, his
land according to his own pleasure, without giving any reason or asking
anybody's leave. I remember that, on one of the first evenings on which
I sate in the House of Commons, Mr Poulett Thompson proposed a censure
on the Duke of Newcastle for His Grace's conduct towards the electors of
Newark. Sir Robert Peel opposed the motion, not only with considerable
ability, but with really unanswerable reasons. He asked if it was meant
that a tenant who voted against his landlord was to keep his lease for
ever. If so, tenants would vote against a landlord to secure themselves,
as they now vote with a landlord to secure themselves. I thought, and
think, this argument unanswerable; but then it is unanswerable in favour
of the ballot; for, if it be impossible to deal with intimidation by
punishment, you are bound to consider whether there be any means of
prevention; and the only mode of prevention that has ever been suggested
is the ballot. That the ballot has disadvantages to be set off against
its advantages, I admit; but it appears to me that we have only a choice
of evils, and that the evils for which the ballot is a specific remedy
are greater than any which the ballot is likely to produce. Observe with
what exquisite accuracy the ballot draws the line of distinction between
the power which we ought to give to the proprietor and the power which
we ought not to give him. It leaves the proprietor the absolute power
to do what he will with his own. Nobody calls upon him to say why he
ejected this tenant, or took away his custom from that tradesman. It
leaves him at liberty to follow his own tastes, to follow his strangest
whims. The only thing which it puts beyond his power is the vote of the
tenant, the vote of the tradesman, which it is our duty to protect. I
ought at the same time to say, that there is one objection to the
ballot of a very serious nature, but which I think may, nevertheless, be
obviated. It is quite clear that, if the ballot shall be adopted, there
will be no remedy for an undue return by a subsequent scrutiny. Unless,
therefore, the registration of votes can be counted on as correct,
the ballot will undoubtedly lead to great inconvenience. It seems,
therefore, that a careful revision of the whole system of registration,
and an improvement of the tribunal before which the rights of the
electors are to be established, should be an inseparable part of any
measure by which the ballot is to be introduced.

As to those evils which we have been considering, they are evils which
are practically felt; they are evils which press hard upon a large
portion of the constituent body; and it is not therefore strange, that
the cry for a remedy should be loud and urgent. But there is another
subject respecting which I am told that many among you are anxious, a
subject of a very different description. I allude to the duration of
Parliaments.

It must be admitted that for some years past we have had little reason
to complain of the length of Parliaments. Since the year 1830 we
have had five general elections; two occasioned by the deaths of two
Sovereigns, and three by political conjunctures. As to the present
Parliament, I do not think that, whatever opinion gentlemen may
entertain of the conduct of that body, they will impute its faults to
any confidence which the members have that they are to sit for seven
years; for I very much question whether there be one gentleman in the
House of Commons who thinks, or has ever thought, that his seat is worth
three years' purchase.