Unit 1f
Unit 1f
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of the present day were 'sunk in the lowest depths of slavery and
superstition'. The future triumphs of 'reason' demanded as their
counterpart the present existence of 'barbarism'. Such an insistence
was especially necessary in the case of India, where the existence of an
ancient civilization could not be denied. Unlike Africa, whose
'savagery' could be taken for granted, in India the notion of its
'barbarism' required a defiantly assertive rhetorical exercise.
By its very nature the liberal transformation of India meant the
flowering on Indian soil of those institutions which defined Britain's
own society and civilization. Among the most important of these, as
we have seen, were private property, the rule of law, the liberty of the
individual, and education in Western knowledge. The triumph of
liberalism was not, however, to be simple or straightforward. Invari-
ably, contestation with other more conservative visions of empire, as
well as the day-to-day exigencies of colonial rule, shaped the final
outcome of the reform enterprise. The stirring rhetoric of Mill and
Macaulay should not be allowed to obscure the transformations that
did not, as well as those that did, take place.
Central to an understanding of both the contradictions and the
transforming power of British reform in India was the notion of the
'rule of law'. In nineteenth-century England the legal order was meant
above all to guarantee the rights of property, conceived of as vested in
individuals and secure from arbitrary confiscation. In India too, from
Cornwallis's permanent settlement of 1793 onward, private landed
property was made the cornerstone of Britain's commitment to an
India transformed. In the hands of James Mill and his utilitarian
disciples, as Eric Stokes has pointed out, this ideal carried with it
radical implications. Some few theorists, among them James Mill
himself, committed to Ricardian theory, argued that the entire rental
of land, conceived of as an unearned surplus, rightfully belonged to the
government. For the most part, however, men like Holt Mackenzie
and R. M. Bird in the North-Western Provinces instead used utili-
tarian theory to advocate what Stokes called 'an agrarian revolution'
that, ousting 'parasitic' intermediaries, would vest all property rights
in the actual cultivators of the soil.6
In keeping with this ideal, during the settlements of the 1820s and
1830s in the upper Gangetic plain, the revenue-collecting taluqdars
and zamindars were largely set aside, and ownership rights were
6
Stokes, Utilitarians, chapter 2, especially pp. 110-16.
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the additional, great advantage that such codes could incorporate the
Benthamite, and utilitarian, desire for unity, precision, and simplicity
in the law; yet they could do so without challenging Hastings's and
Jones's decision to utilize the ancient Sanskrit texts as the basis of the
Hindu civil law. The legal system of colonial India thus accommo-
dated both the assimilative ideals of liberalism, which found a home in
the codes of procedure, and the insistence upon Indian difference in a
personal law defined by membership in a religious community.
To be sure, the codifying enterprise was never wholly compelling.
Many continued to see India as a land suited for despotism, only now
that of enlightened British officers. In part a nostalgia nourished by
early nineteenth-century Romanticism, this dissident ideal flourished
principally among officials in newly conquered territories, before the
courts had been established, in what were called non-regulation
provinces. It reached its ultimate flowering in the Punjab during the
decade after its conquest in 1849, when the province was ruled by the
brothers John and Henry Lawrence. For the officers of this 'Punjab
School', the ideal, as John Beames described it, was that of 'personal
government', in which the magistrate would 'decide cases either sitting
on horseback in the village gateway, or under a tree outside the village
walls, and write his decision on his knee ... and be off to repeat the
process in the next village'. Not all officers, as the dissident Beames
reported, liked being turned into 'homeless vagrant governing-
machines', and in any case regulation and the rule of law could not
forever be kept at bay even in the Punjab.8 Still, throughout the later
nineteenth century, the self-assurance fostered by the Punjab ideal
permitted officers in that province a wider range of discretionary
authority than was customary elsewhere in India.
This belief in a legitimate concentration of authority drew suste-
nance from a conviction that in the colonies a resort to vigorous
executive action, including even the abrogation of habeas corpus, in
England seen as the guarantor of the subject's liberties, could not
wholly be avoided. Such acts found justification in the Crown's
prerogative to secure order, and generated frequent tension between
the courts and the executive government. At times of perceived crisis
officials unashamedly resorted to exemplary measures of punishment.
To crush an uprising among the Kukas of the Punjab in 1872, for
instance, a local official summarily shot seventy protestors who had
8
John Beames, Memoirs of a Bengal Civilian (London, 1961), pp. 101-3.
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been rounded up by the police, and had forty-nine blown from guns,
while his superior, the divisional commissioner, hastening to the
scene, himself hanged another sixteen. Though these two officers were
censured, their vigorous defence of their actions marked out a path
that was to lead in 1919 to the infamous Amritsar massacre.
The British were nevertheless determined always to mark out the
Raj as a moral, 'civilized', and 'civilizing', regime. For this purpose a
'rule of law', conceived of as the use of standardized impartial pro-
cedures for the settlement of disputes, was in their view essential. The
British could not give to India their own, English, law; that was
impractical. But they could give India codes of legal procedure. In this
fashion, even though they could not introduce into India the substance
of their law, the British could, or so they thought, bring its spirit. In so
doing they could fulfil, to their satisfaction, their avowed 'civilizing'
mission. In place of a religious faith shared with its subjects, the British
colonial state thus found its legitimacy in a moralization of 'law'. No
one stated this more vigorously than James Fitzjames Stephen, legal
member of the viceroy's Council from 1869 to 1872. As he wrote:
The establishment of a system of law which regulates the most important parts
of the daily life of the people constitutes in itself a moral conquest more
striking, more durable, and far more solid, than the physical conquest which
rendered it possible. It exercises an influence over the minds of the people in
many ways comparable to that of a new religion.... Our law is in fact the sum
and substance of what we have to teach them. It is, so to speak, a compulsory
gospel which admits of no dissent and no disobedience.9
In the reformers' programme, next only in importance to law, stood
education in Western learning. By education alone, as Macaulay made
abundantly clear in his Minute on Education, could India truly be
reshaped in England's image. Yet the educational enterprise was beset
by many of the same difficulties and contradictions as that of law
reform. Altogether apart from enduring fiscal constraints, which
meant that the government never founded more than a very few
schools, a further fundamental problem stood in the way of using
English education to transform Indian society. In England in the early
Victorian period all schooling was religious in nature. Although the
government eventually awarded them grants-in-aid, the schools were
9
J.F. Stephen, 'Legislation under Lord Mayo', in W.W. Hunter, Life of Mayo, vol. 2
(London, 1875), pp. 168-69.
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it the idea that there existed 'deceivers' who lived at the heart of Indian
society, lived on, and found a place in novels, films, and the English
language itself, where 'thug' came to mean a particularly nasty kind of
ruffian or tough.11
The liberal remaking of India never involved, then, the simple
transplantation of English values and institutions onto Indian soil. The
vision of Indian 'difference', first articulated by Dow, Halhed and
Jones, continued always to make its presence felt, and itself shaped
much of the programme of reform. Nor could the exuberant optimism
of the reformers of the 1830s be indefinitely sustained. By mid-
century, in India and England alike, powerful currents of disillusion-
ment had set in. Mid-Victorian British liberalism defined a consensus
among a people buoyed up by pride and prosperity, and often brought
Whigs, Peelites, and Radicals together in broad based coalition
governments. It did so, however, at the cost of papering over latent
contradictions and circumscribing the objectives of the liberal pro-
gramme. Following Anthony Trollope and Walter Bagehot, who may
be seen as representative figures of the age, mid-century liberals clung
to the semi-reformed constitution, with its aristocratic bias, and
embraced ideas of deference and dignity as appropriate safeguards
against the feared tumults of mass rule. Even while elaborating the
machinery of the modern state, they sought to avoid what Bagehot
called 'sweeping innovation' as much as the 'old tory way' of keeping
'everything which is because it is'.
Nevertheless, liberal ideals, although less apocalyptic in their expec-
tations, continued into the 1850s to shape British perceptions of their
imperial mission in India. Dalhousie's years as governor-general can
even be seen as constituting a 'second age of Indian reform'; for
Dalhousie at once consolidated British dominion over the sub-
continent by his policy of annexation and set firmly in place the
structures of the modern administrative state. To him India owes its
railways and telegraphs, its central Public Works Department, its
Legislative Council, and a commitment, confirmed by Sir Charles
Wood's education despatch of 1854, to a broader vernacular edu-
cation. The confidence that India could somehow be made over in the
image of Britain was never in subsequent years wholly to disappear.
11
See Radhika Singha, 'Providential Circumstances: The Thuggee Campaign of the 1830s
and Legal Innovation', Modern Asian Studies, vol. 27 (1993), pp. 83-146.
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But after 1857 such ideals had to contend with newly powerful,
alternative visions of empire.
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the Mutiny was to be found in the 'cartridge affair and nothing else';
that the people had been 'for the most part in our favour'; and that the
revolt was consequently nothing more than an irrational panic on the
subject of caste among credulous and superstitious sepoys. The endur-
ing representation of the events of 1857 in British historiography as a
'sepoy mutiny' reflected too this determination to preserve Britain's
reputation as an imperial power.
Conservative critics like Disraeli, never an admirer of Dalhousie or
of liberal reform, described the mutinous sepoys as 'not so much the
avengers of professional grievances as the exponents of general dis-
content', and insisted that the events of 1857 were 'occasioned by
adequate causes'. Among these Disraeli included the 'destruction of
Native authority', the 'disturbance' of property rights, and the 'tam-
pering with religion' of a government bent on reform of Indian
society. Yet he never called into question the legitimacy of that
government. He urged only a return to what he saw as the path of
conciliation followed in the pre-reform era. In this recommendation,
most liberals, despite their endeavour to deflect blame for the revolt
from the government, joined with Disraeli. Even for the most enthu-
siastic reformer the Mutiny was a sobering experience. As Charles
Raikes, an officer in the North-Western Provinces, wrote in his Notes
on the Revolt, 'The fatal error of attempting to force the policy of
Europe on the people of Asia ... must be corrected for the future, as it
has been atoned for in the past.' In similar fashion, Sir Charles Wood,
President of the Board of Control for much of Dalhousie's governor-
generalship, although he denied that the Mutiny had revealed the
existence of any widespread popular hostility to British rule, neverthe-
less, when again placed in charge of the India Office after 1859,
acknowledged that the 'mistake we fell into, under the influence of the
most benevolent feelings, and according to our notion of what was
right and just, was that of introducing a system foreign to the habits
and wishes of the people'. Henceforth, he said, 'we ought to adopt and
improve what we find in existence and avail ourselves as far as possible
of the existing institutions of the country'. Indians, in other words,
were not like Englishmen, and it was fatal to treat them as though they
were.13
As they assessed the character of the revolt, no one among the
13
Metcalf, Aftermath of Revolt, chapter 2, especially pp. 72-79; Rudrangshu Mukherjee,
Awadh in Revolt, 1857-58 (Delhi, 1984).
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the amount of suffering and misery. Such rhetoric, with its appeal to
colonial order, echoed throughout the empire as the British over the
years sought justification for exemplary acts of punishment.18
As the prosecution marshalled evidence against Eyre, British
opinion increasingly rallied not to Mill's, but to his opponent's side.
Some of Eyre's supporters, like Thomas Carlyle, had long distrusted
what they saw as a 'sentimental' liberalism driven by a desire to 'make
the niggers happy' even at the expense of Britain's imperial responsi-
bilities. For him Britain, and its empire, could only be saved by
fashioning 'heroes' left free to act on its behalf. In similar fashion
England's Poet Laureate, Alfred Tennyson, harking back to 1857,
argued that, 'The outbreak of our Indian Mutiny remains as a warning
to all but mad men against want of vigour and swift decisiveness.' John
Ruskin and Charles Dickens too, less concerned about the fate of
Jamaican blacks than that of 'white slaves' in Britain's factories, added
their voices to the campaign on Eyre's behalf.
Common to all the arguments in support of Eyre was a sense of
disillusionment with the results of slave emancipation. Jamaica's black
population, in this view, had repaid trust with hostility, and so
deserved the treatment meted out to it by Governor Eyre. As The
Times explained it, though a 'fleabite compared with the Indian
mutiny', the Jamican uprising 'is more in the nature of a disappoint-
ment'. It had previously appeared, they said, 'to be proved in Jamaica
that the negro could become fit for self-government... Alas for grand
triumphs of humanity, and the improvement of races, and the removal
of primeval curses .. .'19 Carlyle, of course, since the writing of his
provocative Occasional Discourse Upon the Nigger Question in 1849,
had insisted that, without strong white supervision, blacks would
revert to indolence, if not to savagery. The Morant Bay rising, follow-
ing so closely after the 1857 revolt, appeared to vindicate Carlyle's
argument. Reform was pointless as well as dangerous. In the West as in
the East Indies, so it appeared, colonized peoples, perverse and
unreasoning, did not appreciate the benefits Britain chose to confer
upon them. Whether black or brown, they were of necessity funda-
mentally different from Europeans.
One immediate consequence of the 1865 uprising was the disso-
18
Bernard Semmel, The Governor Eyre Controversy (London, 1962), especially pp. 90-91,
102-18.
19
Cited in Christine Bolt, Victorian Attitudes to Race (London, 1971), p. 71.
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'the only government under English control still worth caring about'.
John Stuart Mill, as we have seen, had himself shrunk from a too ready
application of the principles of On Liberty outside the British Isles,
and had praised the East India Company's government. But an
imperial dominion, that for Mill was justified only by the larger
transformation that was inevitably to follow, Stephen exalted as one
the British need never be ashamed of. To the contrary, he urged the
British not to shrink from the 'open, uncompromising, straight-
forward assertion' of their own superiority over the people of India.
As Stephen's disciple John Strachey put it, 'the only hope for India'
was 'the long continuance of the benevolent but strong government of
Englishmen'.23
Stephen called Liberty, Equality, Fraternity 'little more than the
turning of an Indian lantern on European problems'. His enduring
objective was not to praise empire, but to remake England in the image
of the Raj. In this endeavour, as democracy took hold in Britain,
Stephen was bound to fail. Ever less comfortable in the Liberal Party,
Stephen and his disciples deserted the Liberal banner in the mid-18 80s
to protest Gladstone's attempt to extend the ideals of self-government
to Ireland. Nevertheless, allied with a revived Tory Party, these
Liberal Unionists, as they called themselves, secured for themselves an
influential place in late Victorian political life.
More importantly, through the rigour of his advocacy, Stephen
forced the British to confront the fundamental contradiction, long
evaded, that lay at the heart of the liberal conception of empire. As
early as September 1857, during the height of the revolt, the Economist
had told the British people that they had now to choose
whether in future India is to be governed as a Colony or as a Conquest;
whether we are to rule our Asiatic subjects with strict and generous justice,
wisely and beneficently, as their natural and indefeasible superiors, by virtue
of our higher civilization, our purer religion, our sterner energies ... or
whether we are to regard the Hindoos and Mahomedans as our equal fellow
citizens, fit to be entrusted with the functions of self-government, ripe (or to
be ripened) for British institutions, likely to appreciate the blessings of our
rule, and, therefore, to be gradually prepared, as our own working classes are
preparing, for a full participation in the privileges of representative assemblies,
trial by jury, and all the other palladia of English liberty.24
23
Stokes, Utilitarians, especially p p . 287-309; J o h n Strachey, India ( L o n d o n , 1888), p . 360.
24
The Economist, vol. 15 (26 September 1857), p . 1062.
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Increasingly, as the 1860s and 1870s went by, although it could not
secure much support at home, Stephen's authoritarian liberalism,
linked with parallel theories of scientific racism and historical juris-
prudence, powerfully reshaped Britain's imperial ideology. Under the
influence of these ideas, buffeted by the crises of mid-century, John
Stuart Mill's vision of an emergent 'similarity' of Indian and Briton
gave way to an insistence on India's enduring 'difference'.
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The shift toward the 'Eastern Empire' was first revealed in Disraeli's
1875 purchase of the Suez Canal shares belonging to the bankrupt
Egyptian Khedive. Altogether apart from any financial or commercial
advantage, the purchase was, Disraeli told the House of Commons,
'necessary to maintain the empire'. From the control of this waterway
it was but a short step, first to the annexation of the Mediterranean
island of Cyprus in 1878, and then, by an anguished Gladstone in
1882, to the occupation of Egypt itself. Disraeli's imperial vision
revealed itself most clearly, however, with the enactment in 1876 of the
Royal Titles Bill, which secured for Queen Victoria the title of
Empress of India.
Making the monarch 'Empress' can be seen to some degree as the
logical conclusion of the process, begun in 1858, of resolving India's
anomalous status within the empire. With the simultaneous abolition
of the East India Company and the Mughal dynasty at Delhi, the
British Crown had then become the country's unquestioned sover-
eign, so that the new title simply marked out visibly the new order.
Further, Queen Victoria was anxious to have this additional title for
herself; and Disraeli, ever anxious to please his sovereign, happily
acquiesced. Far more was at stake, however, than the whim of the
monarch, as the intense Liberal opposition to the bill soon made clear.
Liberals feared that the change of title implied a more active role for
the monarch in British politics - and the queen herself was not averse
to being styled 'Empress of Great Britain, Ireland, and India' - but
what roused the strongest hostility was the apparent identification of
the British Crown in this fashion with the hated imperialisms of
Napoleon III and the new German Empire. Though the British were
proud of their own empire, as Robert Lowe reminded the House of
Commons, 'sentiment clothes the title of emperor with bad associ-
ations'. The imperial ideal, in the liberal view, was that of the union of
Britain with its own kin, and their descendants around the globe; it
connoted loyalty and liberty, the 'happy Englands' of Britain's settler
colonies, not the despotisms of continental states.
For the Liberal opposition neither the empire of Rome nor that of
the Mughals offered attractive precedents for Britain's imperialism.
Both empires, Lowe pointed out, had frequently had as their sover-
eigns men at once raised to the throne by military violence and sunk in
debauchery. Lowe admitted, to be sure, that Britain had won India 'by
the sword', and intended to retain it. But with Gladstone he insisted
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with the defence of the empire, Disraeli further enhanced the political
importance of the empire and of India. To be sure, the new imperial-
ism aroused intense hostility. In his famous Midlothian campaign
Gladstone passionately condemned an empire based on force and
splendour, and his moral ardour helped bring about the Conservative
defeat of 1880. Nevertheless, British patriotism was now inextricably
bound up with the empire. By itself, one might argue, imperialism as
an ideology never commanded more than limited support among the
British populace. Those committed to the idea of 'empire' comprised
powerful voices, including much of the intellectual elite, above all the
Liberal Unionists, who thought of themselves as a 'great governing
race'. But beyond this narrow class it was not easy, as one student of
British conservatism has written, 'to wean people away from the
specifically English patriotism of landscape and culture'. Still, as the
British from Disraeli's time onward defined their national interests
ever more explicitly in imperial terms, the values of 'patriotism' came
to encompass those of imperialism. Imagining in retrospect the words
and associations that 'marched in a grand chain, hand to hand' through
the heads of those attending George V's 1910 coronation, Vita
Sackville-West listed: 'England, Shakespeare, Elizabeth, London;
Westminster, the docks, India, the Cutty Sark, England; England,
Gloucestershire, John of Gaunt; Magna Carta, Cromwell, England.'
The Raj, and the overseas trade that secured such dominion, had
clearly found a secure place in England's vision of itself.27
'Jingoism' also emerged from the upheavals of the Balkan crisis. A
song sung in the music halls during 1878 celebrated British truculence
with the chorus: 'We don't want to fight/Yet by jingo if we do/We've
got the ships/We've got the men/And got the money too.' During the
subsequent decades of British imperial expansion, the term 'jingoism'
was used to denote a blustering chauvinism which gloried in conquest.
Jingoism did not imply any particular stance towards the empire, nor
did it ever command a universal assent. At its core it was patriotic, not
imperial, in its content, expressive of an exuberant sense of nation-
alism. Nevertheless, by placing that patriotism at the service of empire,
jingoism, like the more sedate patriotism of such events as the royal
coronation, deepened the hold of empire over the British people.
British patriotism, then, especially as it was mediated through the
27
Hugh Cunningham, 'The Conservative Party and Patriotism', in Robert Colls and Philip
Dodd (eds.), Englishness: Politics and Culture, 1880-1920 (London, 1986), pp. 292-301.
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