Indian council

“ But the Indian councillors represent only their own opinions, and these often formed on past experience, where150as the men on the Privy Council Board of Advice would represent those whose voices would be potent factors in deciding questions submitted, because they are the mouthpieces of living nations and of living policy. A minute drawn up by Australia, dissenting from a given policy, would not be looked at so lightly as is a minute by an Indian councillor who may object to an addition to a salt tax. ”

“ You may get a High Court judgeship here, membership of the Legislative Council there, possibly an Executive Membership of the Council. Or do you want an expansion of the Legislative Councils? Do you want that a few Indians shall sit as your representatives in the House of Commons? Do you want a large number of Indians in the Civil Service? Let us see whether 50, 100, 200, or 300 civilians will make the Government our own.... The whole Civil Service might be Indian, but the Civil servants have to carry out orders—they cannot direct, they cannot dictate the policy. ”

“ The Council, composed as it is almost exclusively of retired civil or military servants, views Indian matters from the point of view only of the Anglo-Indian service. It is even less amenable than this is to the influence of new ideas, and is more completely out of touch with modern native thought. Its experience is always that of a generation back, not of the present day, and it refuses, more persistently even than the younger generation in active service, to admit the idea of change. ”

“ And it is important to remark, that by the provisions of either of the bills, the House of Commons will be rendered even less competent, in point of knowledge of Indian affairs, than at present, since by both bills all the members of the Council of India will be excluded from it.
The government of dependencies by a minister and his subordinates, under the sole control of parliament, is not a new experiment in England. That form of colonial government lost the United States, and had nearly lost all the colonies of any considerable population and importance. ”

“ There is not a public body in Europe, from the British parliament down to the smallest burgh meeting, that might not study with advantage the proceedings of an Indian council, whether as described in the faithful pages of the German missionaries, or, as it may still be seen by any one who has leisure and inclination to visit those remote regions, where the Indian character is least changed and contaminated by intercourse with the whites. ”

“ The Government of India, of course, retains its great statutory powers, but these could hardly be exercised again in uncompromising opposition to the opinion of the majority of the Assembly now that out of eight members of the Viceroy's Executive Council, which, with him, forms the Government of India, no less than three are Indians, who would presumably be often more amenable than their British colleagues to the pressure of Indian opinion. ”

“ It would scarcely be possible, and scarcely worth while if possible, to follow all the intricacies of the debate on the ‘resolutions.’ Every part of the India question was opened again and again; every speaker considered himself at liberty to wander from principles to details, and back again; and hence the amount of speaking was enormous. Should there be a secretary of state for India, or only a president of a council? Should there be a council at all, or only a secretary with his subordinates, as in the home, foreign, colonial, and war departments? ”

“ He wished to point out that if the Council refused that license, they would place all Indians in the same scale, and would not encourage them to live in premises that were decent and respectable and to live in every way like respectable citizens. Everything done with regard to these licenses became known outside, and if a license was refused to such a man as his client, Indians would say that the Town Council did not want them to live decently and honestly, but anyhow. The Council should not allow such a feeling to be created among the Indian population. ”

“ The question is whether there is no one of the 300 millions of the population of India who is competent to be the officially-constituted adviser of the Governor-General in Council in the administration of Indian affairs. You make an Indian a Judge of the High Court, and Indians have even been acting-Chief Justices. As to capacity, who can deny that they have distinguished themselves as administrators of native States, where far more demand is made on their resources, intellectual and moral? ”

“ India is so wide a field, that a practical acquaintance with every part of its affairs cannot be found combined in any small number of individuals. The council ought to contain men of general experience and knowledge of the world, also men specially qualified by financial and revenue experience, by judicial experience, diplomatic experience, military experience; it ought to contain persons conversant with the varied social relations, and varied institutions of Bengal, Madras, Bombay, the Northwestern Provinces, the Punjaub, and the native states. ”

“ Our disregard of all the public protests against the Partition of Bengal and all the persistent appeals for its withdrawal; our disregard of the reasonable pleading of such men as Mr. Gokhale and Dr. Rash Behari Ghose in the Viceroy’s Council, have perhaps done more than anything else to discredit the methods of the old Congress. I do not mean that the Congress has been useless. It served as a training ground for political knowledge. It afforded a centre for the growing unity of India, and without it the leaders of Indian reform could hardly have formulated their own programme. ”

“ Let me say further, on the Judicial Bench in India everybody recognises the enormous service that it is to have Indian members of abundant learning, and who add to that abundant learning a complete knowledge of the conditions and life of the country. I propose at once, if Parliament agrees, to acquire powers to double the Executive Council in Bombay and Madras, and to appoint at least one Indian member in each of those cases, as well as in the Governor-General's Council. ”

“ The influence of Indian rulers was more like that of leading men in a civilized community: it was chiefly personal and persuasive, and it was exerted in various indirect ways. If, for example, it became a question how to deal with a man who had done something violently opposed to Indian usage or to the interest of the tribe, there was not anything like an open trial, but the chiefs held a secret council and discussed the case. ”

“ It is, we apprehend, the mere expression of the popular will, in a council, without any binding obligation of the whole, or a majority of the tribes, to compel obedience from the delinquent members. It may, however, lead to further deliberations; and we cannot but regard the movement as one which betokens political forethought and purpose.
Our greatest apprehensions, we must confess, before closing this paper, arise from the peculiar geographical position of the Indian territory with relation to our own. ”

“ It is difficult to calculate what effect the influence of the very superior men whom he proposed as a Council, might have had on the future fortunes and history of India. But neither the Directors nor the Ministers were sufficiently advanced in their views of Indian policy, or possessed sufficient expansion of mind to adopt a measure in which the expense of employing first-rate men was as nothing, compared with the results that might have been anticipated. ”

“ They represent great traditions and great interests, which duty and statesmanship equally forbid us to ignore. The creation of an Imperial Council, in which they would have sat with representatives of the Indian aristocracy of British India, was an important feature of the original scheme of reforms proposed by the Government of India. ”

“ III. The council shall have power to legislate upon matters pertaining to intercourse and relations of the tribes and freedmen resident in Indian Territory; the arrest and extradition of criminals and offenders escaping from one tribe or community to another; the administration of justice between members of different tribes and persons other than Indians and members of said tribes or nations; and the common defense and safety. All laws enacted by the council shall take effect as therein provided, unless suspended by the President of the United States. ”

“ To make the council a merely consultative body, without initiative, before whom subjects are only brought after the minister has made up his mind, is already a fatal inroad upon its usefulness. But by the second bill the council are not even a consultative body. The minister is under no obligation to consult them. They are not empowered to hold any regular meetings. They are to meet only when the minister convenes them, or on a special requisition by six members. He may send orders to India without their knowledge when the case is urgent, of which urgency he is the sole judge. ”

“ Only let me say that here we may seem to lag a stage behind the Government of India themselves—so little violent are we—because that Government say, in their despatch—"On all ordinary occasions we are ready to dispense with an official majority in the Imperial Legislative Council, and to rely on the public spirit of non-official members to enable us to carry on the ordinary work of legislation." ”

“ On the other hand, it is all to the good that many of those who were ready to coquet with sedition in its earlier stages or who had not the moral courage to speak out against it seem now to be taking heart, and in this respect the reforms embodied in the Indian Councils Act have usefully supplemented the sobering effect of repressive legislation. For one of the stock arguments of "advanced" politicians has been the failure of the "moderates" to obtain any recognition from Government, and the enlargement of the Legislative Councils took the sting out of that taunt. ”

“ That, with the duty of preparing the dispatches to India would naturally be combined the nomination and control of the home establishments. This your petitioners consider absolutely essential to the utility of the council. If the officers through whom they work are in direct dependence upon an authority higher than theirs, all matters of importance will in reality be settled between the minister and the subordinates, passing over the council altogether. ”

“ Every caste, every trade, every village in India has for ages its Council of Five which practically legislated for and conducted the administration of the little community which it represented. Until the introduction of the Parish Councils Act last year there was no such rural system of self-administration even in England. ”

“ They admit that:
“If responsible government is to be established in India there will be a far greater need than is even dreamt of at present for persons to take part in public affairs in the legislative assemblies and elsewhere; and for this reason the more Indians we can employ in the public services the better. Moreover, it would lessen the burden of Imperial responsibilities if a body of capable Indian administrators could be produced. We regard it as necessary, therefore, that recruitment of a largely increased proportion of Indians should be begun at once.” ”

“ The same fear underlies the administration of local bodies and the constitution and powers of the Councils. It is simply begging the question to argue that Indians are not yet ready or fit for representative institutions. The real question is the dread of power passing from the Britishers into Indian hands. ”

“ The executive government of India is, and must be, seated in India itself. The Court of Directors is not so much an executive as a deliberative body. Its principal function, and that of the home government generally, is not to direct the details of administration, but to scrutinise and revise the past acts of the Indian government—to lay down principles and issue general instructions for their future guidance—and to give or refuse sanction to great political measures, which are referred home for approval. ”

“ So long as the country fluctuates in an alternation of sentimental and brutal impulses, according as the wrongs done to the Indian or the wrongs done by him are at the moment more distinctly in mind, it cannot be wondered at that Congress should be reluctant to undertake the re-organization of the Indian service on any large and lasting plan, or that the Indian Office should hesitate to cut out for itself more work than it can look to make up in the interval between sessions. ”

“ Resolved, that it will be wise and necessary to erect a district of the western territory into a distinct government, and that a committee be appointed to prepare a plan for a temporary government until the inhabitants shall form a 'permanent constitution for themselves, and as citizens of a free, sovereign, and independent state, be admitted to a representation in the union.' In 1786, a general ordinance was passed for the regulation of Indian affairs under the authority of the ninth article of the confederation, which throws much light on our relations with them. ”

“ That such a system, introduced at any early day, when it was policy for governments on this continent, foreign and domestic, to throw out a boon before wandering, hostile, and savage tribes, to display their munificence, and effect temporary interests, should have been continued to the present day, is only to be accounted for, from the accumulated duties, perpetually advancing jurisdiction, and still imperfectly organized state of that sub-department of the government, which exercises its, in some respects, anomalous administrative functions, under the name of the Indian Bureau. ”