s RETROSPECTS AND PROSPECTS INDIAN POLICY- EVANS BELL, LATE OP THE MADRAS STAFF CORPS. AUTHOR OF "THE EMPIRE IN INDIA," "THE MYSORE REVERSION," ETC. " No eye could be too sound To observe a world so vast, No patience too profound To sort what 's here amass'd ; How man may here best live no care too great to explore. " But we as some rude guest Would change, where'er he roam, The manners there profess'd To those he brings from home We mark not the world's course, but would have it take ours. MATTHEW ARNOLD. LONDON : TRUBNER & Co. 60 PATERNOSTER ROW. 1868. The Right of Translation reserved. US 44 7 k IN the minor arts of life it is generally recognised that principles should be investigated and taught by thinkers who are not concerned in applying them. In the art of Social Life, so far more difficult and important than. a.y other, the separation of theory from practice is of far grj&Wr*.m*6mefit." AUGUSTE COMTE. PREFACE. PARLIAMENTARY Government has been reviled on the ground of its introducing an element of uncertainty and vacillation into the action of the Executive. I am inclined to think that this is one of its great merits. I have a profound disbelief in the administrative infallibility of individuals or of parties. Too long a tenure of office inoculates statesmen with the constitutional defects of the permanent Civil Service. The favourable change that has undoubtedly come over the aspect of Indian affairs since the present Ministry came into power, is not to be attributed to Conservative principles, but simply to the healthy and vigorous action of fresher and younger minds. All honour is due to Lord Cranborne and Sir Stafford Northcote for having checked the revival of annexation, and saved the Native State of Mysore ; but no special credit is due to their party. The same may be said of Sir Stafford Northcote's recent de- spatches and promised legislation, recognising the eligibility of Natives to a more important, dignified and lucrative sphere of employment in the public service of India. These measures, and the general policy on which they are based, have been from time to time advocated by Members on both sides of the House of Commons, by Liberal as well as by Conservative Peers. Since the 5 13 J 92 IV PREFACE. defeat of Fox's Indian Bill in 1783, and that was more of a Court intrigue than a party struggle, India may be said to have been always an open question. Whether this state of affairs has been beneficial or not, whether it has betokened impartiality or indifference, may be considered doubtful. If the extreme crisis, so often predicted and dreaded, were to arrive, and India were to become the battle-field of the two great Parliamentary parties, I am not of opinion that any very awful consequences would ensue. It would at least put an end to the impatience and apathy with which Indian affairs are now usually treated, and would make them a subject of universal attention and discussion. This volume is not written to flatter the pride or pro- mote the personal objects of any individual or set of men, in place, or in opposition, at home or in India. I address myself to the people of Great Britain, by whose awakened convictions, and not by such concessions as can be expected from official sources, harmonious relations can be esta- blished between the Imperial Power and the people of India, and the progress of civilisation be made compatible with the equality of races before the Law and in the Government, and with the corporate rights of the allied and protected States. The high mission of Great Britain in the East can never be fulfilled by an uninstructed nation and an offi- cially instructed Government. The real wants of India, the dangers, failings and temptations of Great Britain, can be more clearly perceived and more fairly appreciated by an independent observer in these cooler regions, than PREFACE. V by a professional functionary or a mercantile adventurer in the atmosphere of Calcutta. The lesson of Indian politics involves no transcendent mystery ; it is easily learned by Englishmen, and the necessity for their learning it becomes more pressing every day. I regret very much to have been compelled to differ widely from a nobleman whose sympathies, opinions and active exertions, from the outset of his public career, have generally been found on the side of freedom and human- ity. The Duke of Argyll, so far as I can recollect, has invariably maintained in every department of politics, home, foreign and colonial, India excepted, the broadest and most liberal views. We owe him a debt of gratitude, not, perhaps, to be as yet fully estimated, for the strenuous efforts, to a great extent unseen, by which he helped to save this country from complicity and concert with the revolt of the slaveholders in the United States. While I have endeavoured to perform the duty of showing that the Imperial policy towards India, which he has defended, is not only unjust in the abstract, but narrow and retro- gressive in its- practical results, I am convinced that the Duke has been betrayed by a conscientious desire to pro- mote the good of the people. He believes that it would lead to the elevation and enlightenment of the vast popu- lation subject to our supremacy, if they were all placed 'under the direct rule and tutelage of highly educated and selected Englishmen. Unfortunately for this benevolent theory, the facts of human nature are against it. Neither the ideal Hindoo nor the ideal Briton exists. Neither the average Hindoo nor the average Briton is a being of pure intellect. The Natives of India, of every caste and creed, VI PREFACE. are men of like powers and passions with ourselves ; and in obedience to the universal law, as true in social science as in physiology, the healthy development of their civi- lisation cannot proceed without space and range for the exercise of all their facilities. Too much constraint, too much assistance, however benevolently intended will but distort the phenomena of progress, disturb its steady course, and drive the stream into dangerous channels. Although so many of these pages are occupied with dis- putation, I trust the struggle has not been one for a merely barren victory. If old discussions are revived, and new points of difference raised, I still believe that we shall have lost no time by the way. I venture to hope that this book will assist, in however small a degree, in making an end of controversy and a beginning of construction. CONTENTS. I'AUK I. The Right and Duty of Rejoinder ... 1 II. Sham Precedent and Prerogative . . .10 III. A Rejoinder as to Jhansi . . . .21 IV. A Rejoinder as to Nagpore . . . . .27 Y. Oude ... .... 46 VI. The Punjaub . . . . . . 97 VII. Annexation, its Authors and Apologists . . 180 VIII. The Test of Prevision . . .211 IX. Merits and Motives . . . . . . 247 X. Reform or Destroy ?...... 282 XI. An Imperial Policy ... . 298 APPENDIX. A. Coffee-Planters in Mysore and English Gentlemen in India 336 B. Earl Canning's last Letter to General Sir Mark Cubbcm 342 ERRATA. P. 148, line 11, for " so far as" read " so far from' P. 214, line 3, for "directly" read u directed". RETROSPECTS AND PROSPECTS OF INDIAN POLICY. CHAPTER I. THE RIGHT AND DUTY OF REJOINDER. THE most painful incident in political criticism is when we are compelled to refuse to the memory of some deceased statesman that meed of fame and honour which his friends and followers demand. But if admiring coadjutors and disciples propose the canonisation of a false saint, the apo- theosis of a false hero, it surely becomes one of the highest religious or social duties to deny the pretended achieve- ments, and to protest against the posthumous honours. We believe the British Empire to be threatened by cer- tain difficulties and dangers arising from a certain false policy in India. The defence of that policy in the past, T T persistence in all its existing results, and its occasional re- vival in future contingencies, depend on the maintenance of a certain false reputation. The policy of annexation and the fame of Lord Dalhousie are indissolubly combined, and must stand or fall together. The false policy cannot be attacked or defended, without attacking or defending the false reputation. It may be alleged that there is no possibility of that policy of annexation being revived which statesmen of all parties have agreed in abjuring. But any such hopeful presumption is decidedly premature. Within two years, a distinguished Peer, while occupying a seat in the Cabinet, has distinctly approved every tenet and every deed of Lord Dalhousie's administration ; he has reiterated the retrograde notion of personal sovereignty, instead of re- cognising the corporate nature of a State; he has declared the allied and protected Principalities of India to be irica- B 2 .-. . ; .; ", . : ..CHAPTER I. pable of improvement ; and he, consequently, advises that whenever the Buler of one of them is found to be "in- competent," the separate State should be destroyed, and the territory annexed to the British dominions. He thus renews his assent to the doctrine and procedure by which the Kingdom of Oude was extinguished, and promises, so far as his power and influence can go, an indefinite series of similar confiscations. Open, thorough-going adhesion to the principles and practice of Lord Dalhousie's viceroyalty has indeed ceased. His warmest partisans are somewhat vague and reticent, when they come to speak of the future. With the excep- tion of the Duke of Argyll, no public man of any eminence, Liberal or Conservative, has ever said, in or out of Par- liament, since 1857, one word in favour of Lord Dal- housie's conduct, beyond the most commonplace generali- ties, such as were demanded by the decencies of office, or the exigencies of common responsibility. It is a well-known and easily ascertained fact that even in the occasional ar- ticles or allusions of anonymous periodicals, the measures and fame of Lord Dalhousie are upheld at the present day, either by his personal friends, or by those who par- ticipated in his work, and are jointly answerable for its evil results. Until those evil results are fuUy understood and generally acknowledged, until the doctrines and the processes by which Oude, Nagpore, Jhansi and Sattara were annexed have been publicly and authoritatively reprobated and re- jected, there can be no absolute security that they may not again be called into play, either in the pride of our own ad- ministrative success, in indignation at some disgraceful scandal, or in the specious temptation of a lucrative " lapse." The prevalent indifference to Indian politics disappeared in the alarm and agony of the Rebellion; and attention was kept up for a few years by the process of transferring the government from the Company to the Crown, by the conflicting interests of military and judicial amalgamations, and by several appeals for redress from Native Princes, brought before Parliament during the brief period of con- ciliatory and restorative measures, when the Home Govern- ment seemed going on too fast and too much in earnest THE RIGHT AND DUTY OF REJOINDER. 3 even for Lord Canning.* So long as public observation was directed towards India, so long as controversy was likely to arise and to be listened to, so long the friends and partisans of Lord Dalhousie remained silent. When, in the words of the Duke of Argyll himself, "the violent reactions of feeling and opinion which arose out of the Great Indian Mutiny were beginning to subside,"j* the vindicators and eulogists commenced their operations. By the ties of family, early association and service, Lord Dalhousie was closely allied with both the great ruling parties, and had given cause of offence to neither of them ; after his long tenure of the most splendid and lucrative office in the world, it would have been strange if he had not left behind him powerful friends and obliged adherents. Their deficiency in numbers was amply compensated by their advantages of position, giving them access to the most conspicuous strongholds of the press, and securing them a well-disposed audience. When the time was fa- vourable they chose their own ground for the display. It never has been anything but a display. No close fighting has ever been attempted. The Duke of Argyll, in the first of his two essays from the Edinburgh Review of January and April 1863, reprinted with additions under his own name in 1865, ex- plains that "during the two years, or more, when every fifth-rate writer and speaker thought it necessary to have his say against something which he called ' Lord Dal- housie's policy/ Lord Dalhousie himself maintained a silence which must have been painful, but which was sup- * Lord Canning protested vehemently against the increased grant to Tippoo Sultan's family ; he objected to the restoration of the Dhar territories and the Tanjore treasures; and when the Tanjore Rajah's property was at last returned to his widows, he never seems to have thought of making restitution of the Nagpore Rajah's moveable property, though the circumstances of its sequestra- tion were identical with those of the Tanjore case. The aocestral estates were, indeed, given up to Janojee Bhonsla, the grand-nephew and heir of the Rajah of Nagpore, and he was recognised as the head of the family by Lord Canning, but those measures had been already suggested by Lord Stanley. In fact all these tardy acts of justice originated with the Secretaries of State at home, contrary to the counsels of Calcutta, as likewise quite recently in the cases of the installation of the Dhar Rajah as ruler of his Principality, the imperfect recognition of Prince Azeem Jah of the Carnatic, and the prospective resto- ration of Mysore to a native Sovereign. f India Under Dalhousie and Canning, (Preface) Longman, 1865. B2 4 CHAPTER I. ported by a proud sense of what was due both to others and to himself."* The same silence, supported no doubt by the same "proud sense," was maintained up to 1863 by the Duke of Argyll. It was natural and not unbecoming that the Duke of Argyll should come forward to defend Lord Dalhousie's policy and reputation. Lord Dalhousie was his friend and colleague. The Duke as a Cabinet Minister had approved of the annexations of Nagpore and Jhansi, had insisted upon the annexation of Oude, and, when these Edinburgh Review articles appeared, was doing his best to promote the prospective annexation of Mysore, which Lord Dal- housie had been the first to propose, j" In vindicating the acts and upholding the credit of his deceased friend, he was in fact vindicating the acts and upholding the credit of himself and his own party. He had a perfect right to undertake that task. Whether he had a perfect right to pursue that undertaking by the exact course he has chosen, is a very different thing. Whether it was natural and becoming for the Lord Privy Seal, one of Her Majesty's Ministers, to avow the most alarming principles under the most ambiguous and undefined conditions, is another ques- tion altogether. " Noblesse oblige." Heavy responsibili- ties attach to high office. If in January 1863, or in June 1865, the Duke of Argyll had risen in the House of Lords, and had stated that our supposed Treaties with the Native Sovereigns of India were hardly worthy of the name ; that it would be much better always to write and print the word derisively be- tween inverted commas, to show that they were nothing but so-called Treaties, for really they "expressed nothing but the will of a Superior imposing on his Vassal so much as for the time it was thought expedient to require ;" J if he had reiterated his approval of all Lord Dalhousie's annexa- tions, both as to their general policy and as to the several pleadings and procedure ; if he had declared that "the vices of Native Governments were systematic and their virtues casual," and that "the dependent position to which they * India under Dalhousie and Canning, (Longman, 1865), p. 68. t The Mysore Reversion, (2nd Edition) p. 41. j India under Dalhousie and Canning, p. 11. THE RIGHT AND DUTY OF REJOINDER. 5 are reduced by our power in India did not contribute to make them better,"'* if he had announced his unaltered opinion that the " only security for good government" lay in the absorption of every mismanaged Native State, t he must either have spoken with the consent of the Cabinet, or he would have exposed himself to be disavowed by his associates and answered by his opponents. He would then have been speaking in his right place and under the right conditions. Instead of doing so, he preserved silence for five years at least, and then published two anonymous articles on the subject in the Edinburgh Review, thus withdrawing at once from Parliamentary discussion and from official accountability. The authorship of these arti- cles having been from the first no secret, they were as- sumed to convey the sentiments of a section, if not a majority, of the Liberal Ministry ; while none of the opposite party were able to challenge, none of his col- leagues were able to contradict that mischievous notion. In India the effect was most alarming. J After the lapse of two years these articles were republished in a separate form with the author's name. The effect of this publicity was even more alarming in India than that of the original articles, and has by no means subsided yet. Not even on the platform which he has chosen for him- self, neither in the anonymous form of 1863, nor in the enlarged republication of 1865, does the noble apologist deign to meet the arguments or to traverse the indictments of the assailants of Lord Dalhousie's policy. He contemp- tuously dismisses them in the last page of his article as 4 'fifth-rate writers" quite unworthy of notice. If he had ventured to mention any names, perhaps some of his readers might have been tempted to inquire for one or two of these fifth-rate productions, to form a judg- ment for themselves. The Duke will not help them in the search. He sticks to the printed official records, and insists, as the only sound principle of political criticism, * India under Dalhousie and Canning, p. oO. t Ibid. p. 38, 121 and 122. J To this I can testify from rny own personal observations. I at once re- plied in the Bombay Times of India to the reassertion of the right of forbidding the adoption of heirs, v. Empire in India, p. 154. See also The Mysore Rever- sion, Appendix II. 6 CHAPTER I. that Lord Dalhousie's reasoning must be accepted as con- clusive, and his statements of fact regarded as irrefragable. Such at least is the only interpretation I can put upon his complaints of the "ignorant injustice" with which certain measures have been assailed. " All the facts," he says, " have been accessible to the public for years. Blue Books may not be light reading ; but those at least who under- take to pass judgment on the conduct of public men are bound to know something of the authentic documents in which that conduct, with the reasons which determined it, are recorded. In the case of the Indian Government this duty is the more easy, and the neglect of it the less excusable, since it is the custom of that Government to record its decisions, with the dissents of every individual member, in elaborate Minutes, often very able, and always exhausting every fact and every argument on either side" In short, .after a discussion in the Calcutta Council, there can be nothing more to be said ! " The following pages," continues the Duke, " have been written, so far as regards the narrative of political transactions, mainly from those materials."* If every narrative of political transactions is to be compiled exclusively from the papers carefully sifted and selected for publication by the accountable persons them- selves, national and historical judgments will be lenient truly ! If the Minutes of a close and secret conclave are to be humbly accepted as an exhaustive discussion ; if plenary inspiration is claimed for Blue Books, and pro- phetic infallibility for the decrees of a Council of five, there will be small scope for political criticism. Again, in his remarks on Mr. Edwin Arnold's work, Dalhousies Administration of British India, the Duke urges, " If Historians of any class are specially bound to an impartial treatment of their subject, it is that class whose works partake largely of the character of Biography. At least it may be expected of them that they will state the facts in the light in which they were seen by those whose conduct they have undertaken to record, and whose memory is for a time in their keeping, "f It is not easy to compre- * India under Dalhousie and Canning, Preface, p. vi. f Ibid., Preface, p. vii. The italics are mine. THE RIGHT AND DUTY OF REJOINDER. 7 hend how a writer can be expected to state the facts in the light in which Lord Dalhousie viewed them, when his great object in writing is to put those facts in a very different light, and to show that Lord Dalhousie mis- stated, misrepresented, or misunderstood them. We wiU, however, reduce the Duke's claims to the most moderate proportions, and entertain his last com- plaint against "the omission of any adequate attempt even to set forth Lord Dalhousie's reasoning."* This charge is expressly aimed against Mr. Arnold, while to Mr. Kaye, as the author of The Sepoy War,^ " preconceived theories," and " narratives woven so as to bring out a certain pattern," are imputed. J Were I concerned or warranted to undertake the defence of these two authors, I should be at a loss to deal with such loose declamation. If the Duke had exposed and refuted one specimen in each case of the faults he professes to detect, we could better appreciate the justice of his complaint. Neither of these gentlemen is, in my opinion, chargeable with any exaggeration or suppression. If they are unjust, they are certainly not ignorant. Mr. Kaye's work espe- cially proves his research not only into the Blue Books, but into a vast mass of less accessible materials ; and affords ample means to its readers to judge in Lord Dal- housie's own words the grounds on which he based his principal annexations. It is a sufficiently remarkable circumstance, that these two historical works should be singled out for notice. Elaborate arguments and long quotations from official documents are not to be expected in a narrative, which, indeed, they would only confuse and encumber. The Duke of Argyll, republishing with additions his two arti- cles from a critical and controversial Review, with the avowed object of vindicating Lord Dalhousie's measures, carefully avoids all the critical and controversial works in which those measures are assailed, while he complains of a want of argumentative matter in two purely historical works. If the Duke had really wished to deal with argu- * India under Dalhousie and Canning, Preface, p. vii. t Vol. i, published by W. H. Allen, 1865. j India under Dalhousie and Canning, Preface, p. viii. 8 CHAPTER I. inentative matter, he knew very well where to find it. Indignantly conscious of a host of " fifth-rate writers'" who had attacked Lord Dalhousie, he cannot have been igno- rant of the existence of the pamphlets by the late Mr. John Sullivan,* of such works as The Rebellion in India, and Topics for Indian Statesmen, by Mr. J. B. Norton ;t British India, its Races and its History,^ or Thoughts on the Policy of the Crown towards India, by Mr. J. M. Ludlow, or even my own work, The Empire in India. \\ This was published more than a year be- fore the Duke's reprint ; and although the sixteen interpolated pages in his first Essay cannot be called a reply to my Chapters on Sattara, Jhansi and Nag- pore, for they never travel out of the Blue Books, the time and circumstances of the republication make them look very like a retort. In the Preface to the republication of 1865, tw^o volumes by Mr. J. W. Kaye and Mr. Edwin Arnold, published in that year, are, as I have mentioned, honoured with a few words of censure. The titles of some Blue Books were alone prefixed to the second article as it originally appeared in the Edin b u rgh Re view of April, 1863. Besides some Parliamentary Papers, the Essays of Sir Henry Law- rence served as a heading to the first article in the Review for January of the same year. The plan of thus contemp- tuously evading his antagonists, denouncing them collec- tively as remarkable only for "ignorance and injustice," and doggedly reiterating the fallacies they have assailed, giving full play to his great advantages not only as an oc- casional Edinburgh Reviewer, but as a Peer and occasional Cabinet Minister, was probably the best for the Duke's immediate purpose. The Duke can be accused of no un- fair design in thus declining to meet his adversaries, his "proud sense" of what is due to himself was doubtless insurmountable, but the result is decidedly unfair. His * Formerly a member of Council at Madras. f The first -was published in 1857, the other in 1858, by Richardson Brothers, Cornhill. Mr. Norton is now Advocate General and a member of the Legisla- tive Council at Madras. J Macmillan and Co.. 1858. Ridgway, 1859. || Triibner, 1864. THE EIGHT AND DUTY OF EE JOINDER. 9 readers are virtually told that no argument worth noticing has ever been urged against Lord Dalhousie's policy ; and that a complete and conclusive answer to the empty cavils that have gone forth, is to be found in those official docu- ments which his enemies have never taken the trouble to examine. I have said that the Duke of Argyll, declining to notice any statements or arguments except those contained in the Blue Books, has reiterated the fallacies which his an- tagonists have assailed. I must bring the same charge against another personal friend of Lord Dalhousie, Sir Charles Jackson, whose Vindication* appeared in June 1865, within a few days of the Duke's pamphlet. Sir Charles Jackson deserves the fullest credit for disinterested generosity in having volunteered for the defence, but his advocacy is not more cogent than that of the Cabinet Minister. As a practised lawyer and judge he cannot but be fully aware that a precedent must be produced and identified before it can be accepted as a principle of law, and made the groundwork for a series of decisions. Yet in common O with the Duke of Argyll, in justification of the annexa- tions of Sattara, Nagpore, and Jhansi, he parades the usurped prerogative of forbidding successions by adoption as " the settled public law of India "^ and talks of " these lapses having occurred by operation of law, '^ as if it had never been proved by Mr. Norton, by Mr. Ludlow,|| and by myself, 51 that no such law had ever been asserted in India, until the confiscation of Sattara by Lord Dalhousie in 1848, and that the pretended array of precedents for the enforcement of such a law was perfectly imaginary. * A Vindication of the Marquis of Dalhousie s Indian A dministration,(Smith and Elder), 1865. Sir Charles Jackson was successively Advocate General and a Judge of the Supreme Court at Calcutta, and for some time a Vice-President of the Legislative Council, during Lord Dalhousie's government. t A Vindication, p. 9. India under Dalhousie and Canning, p. 27. J A Vindication, p. 16 and 42. The Rebellion, p. 67, 72. || British India its Races and its Hutory, vol. ii, p. 259. 1 The Empire in India, p. 132 to 152, and 165 to 172. CHAPTER II. SHAM PRECEDENT AND PREROGATIVE. IN all the Minutes and despatches penned in 1848 to jus- tify the annexation of Sattara, no one ever professed to refer by name or date to a single old precedent, either of our own or of any previous Government, for forbidding the adoption of a successor by a Hindoo Prince ; but the existence of such precedents was presumed and pronounced with an audacious confidence that is quite surprising. Two very recent cases, however, brought forward at that time as precedents, are now offered for acceptance by the Duke of Argyll* and Sir Charles Jackson,f those of Colaba and Mandavee, both of which, singularly alike in circumstances, were finally decided in 1844. The Rajah of Mandavee was a petty tributary with whom no Treaty had ever been made.J The last Chief, a posthumous child not two years old, died in 1839. The widow of this child's father wished to adopt a successor. The last Rajah of Colaba, a posthumous child, died in 1841 at the age of fifteen months. The widow of his pre- decessor wished to adopt one of her husband's illegitimate sons. A Treaty had been concluded in 1 822 with Raghojee Angria, Rajah of Colaba, promising "protection" to him, " his heirs and successors," while "the entire supremacy," and " the right of conferring investiture on any vacancy," were reserved to the British Government. In 1844 it was finally decided to treat these two States as having lapsed to the British Government, mainly on the grounds of there being no one entitled to inheritance by legitimate relationship, and of permission being required to enable an adopted heir to succeed. || * India under Da'housie and Canning, p. 28. t A Vindication, p. 11, 12. j Collection of Treaties, Calcutta, 1864, (Longman aiid Co.) vol. vi, p. 254. Ibid., vol. vi, p. 183. . || Papers as to Succession by Adoption, 1850, p. 214. SHAM PRECEDENT AND PREROGATIVE. 11. Both of these cases appear to me to have been decided erroneously and unjustly. That of Colaba was the worse, because the Principality was guaranteed by a Treaty ; and the right of conferring investiture is not in India, any more than in Europe, the right of divesting a family on the failure of lineal male heirs.* But bad as they were, these cases cannot be compared with that of Sattara. The infancy of the deceased Princes ; the consequent recurrence to the questionable adoption by their widowed mothers ; the absence of any Treaty in the one instance, and the position of a protected inferior imposed on the other ; all these incidents would nullify them as precedents for rejecting the adopted son of a Sovereign with whom we were allied by a Treaty of "per- petual friendship" securing the Principality to his " heirs and successors" in "perpetual sovereignty," and containing no restriction whatever on the regular operation of the Hindoo law of inheritance. The cases of Mandavee and Colaba were bad indeed; they were ominous and critical cases, and marked, as Mr. St. George Tucker and others foresaw, the commencement of an era of acquisitive en- croachments; but even viewed as imperfect precedents, they were in 1848 quite new and of our own creation ; whereas the advocates for annexation then, as now, alleged "the universal and immemorial custom oj :. India ," " the undoubted prerogative exercised by the Imperial House of Delhi ""\ the ordinary and invariable practice" the power acquired by the British Government as successors to the Emperor and the Peishwa,J and " the right universally exercised by all paramount authorities throughout India ." Incredible as it may seem, all these allegations were totally unfounded. Not a particle, not a vestige of documentary evidence of such a prerogative having ever been exercised, or asserted, by the Emperor, or by the Peishwa, not a * The Governor of Bombay and one Councillor were in favour of permitting the adoption, but were over-ruled by the Governor- General and the Home Government. Mr. Henry St. George Tucker recorded an admirable Protest in the Court of Directors against the confiscation of Colaba. {Selections from the Papers of PL St. George Tucker, p. 27 and 1QO.) t Mr. Willoughby, Sattara Papers, 1849, p. 67, 71. j Lord Dalhousie, Sattara Papers, 1849, p. 81, 82. Mr. R. D. Mangles, Sattara Papers, 1849, p. 147. 12 CHAPTER II. historical fact bearing upon it, not a single precedent for annulling an adoption, has ever been or can be ad- duced from the records of any of the Governments that preceded us. The British Government has never possessed the right of disallowing adoptions for its own purposes ; even where it has retained from its predecessors, or asserted in a treaty or grant, the prerogative of investiture over minor Princi- palities, it has no more right to forbid the succession of an adopted son than of a lineal male descendant. The pre- rogative of investiture gives jurisdiction in disputed suc- cessions, asserts supremacy, and enforces subordination, but does not justify the refusal of investiture to a lawful heir. In the case of a Hindoo Prince, with whom a treaty of perpetual friendship and alliance has been contracted, not even the prerogative of investiture exists. Nothing but the moral duty of protection and pacification autho- rises any intervention to control and regulate the course of inheritance. Next to the supposititious precedents, of which more will be said shortly, admissions, perverted or illusory, attributed to the doomed Princes or their advocates, formed the favourite process of proof throughout the annexing mania. The apologists of the present day avail themselves largely of the same method. The dying request of the Rajah of Sat- tara that his adopted son might be recognised as his suc- cessor, was eagerly snatched at as a full admission that the British Government had a right to forbid the succession.* Of course it proved nothing but his consciousness of our overwhelming power, and a suspicion, too well-founded, of our sinister intentions. The Duke of Argyll, however, thinks it worth his while to urge that the Hajah asked " for this consent as one which he knew to be requisite for his own purpose, "t We also know by the result that this consent was requisite, but we no more admit the right of withholding it from a duly adopted successor than the Rajah did. Perhaps the most singular instances on record of what * See Mr. Willoughby's Minute, para. 20 ; Lord Falkland's, para. 5, and Lord Dalhousie's, para. 18 ; Satt-ara Papers, 1849, p. 71, 78 and 81. t India under Dalhousie and Canning, p. 26. SHAM PRECEDENT AND PREROGATIVE. 13 can be twisted into admissions, are claimed by the Duke of Argyll and Sir Charles Jackson from one of the greatest living authorities on such subjects, Sir George Clerk, who during a long and distinguished career has ever consist- ently opposed the violation of treaties, and the destruction of friendly Principalities, The Duke first states that Sir George Clerk, in his Minute on the Sattara succession, " not only admitted, but specially dwelt upon the distinction" between the right of adoption as conveying Sovereignty to an heir, and as conveying private property only, and that after declaring the regularity of the deceased Rajah's adoption according to Hindoo usage, he added: "The question, however, remains whether he" the adopted son, " is entitled to the Sovereignty of the Sattara Rajahs." Sir George Clerk knew this distinction had been drawn by others, and that the question had been raised and remained. He gave no assent to the distinction ; and he answered the question in the Rajah's favour. Now comes the most valuable admission of all. "So far from affirming," says the Duke, " that the refusal to acknowledge this title would be any violation of an estab- lished rule, or the beginning of a new policy, Sir George Clerk admitted that no such rule had been established, and that ' our views of practice in India in regard to adop- tions to Chiefships had been inconsistent and capricious.'"* Sir George Clerk " admitted," that our views and practice had been inconsistent and capricious ! The Duke is wel- come to make the most of that admission, and to reconcile it, if he can, with that theory of a " settled law and custom of India" in which he professes to believe. Lord Canning, in his Adoption Despatch of 1860, quoted even stronger language from one of Sir George Clerk's letters, declaring it to be his opinion " that it is the inconsistency, caprice, and mutability of our opinions regarding all great princi- ples that is the bane of our supremacy in India." To this the Viceroy adds the following brief comment ; " I fear that as regards the matter now under consideration, this is too true." The matter under consideration being that of successions by adoption, Lord Dalhousie's defenders may perhaps find solace in this "admission" also. * India under Dalhousie and Canning, p. 25. 14 CHAPTER II. Sir Charles Jackson most inaccurately cites me twice in support of the fictitious prerogative of annulling adop- tions, without venturing to quote my words. He says : " Major Bell in his work admits that such permission/' to adopt an heir, " was sometimes refused by the Native Governments in the case of Jaghires."* In the passage to which he refers I admitted, that in the sole case of " ser- vice Jaghires" assigned for the payment of troops, and held, according to the terms of the grant, at the Sove- reign's pleasure, a resumption " could be effected during the lifetime of a Jaghiredar, but, more often, as might be expected, after his demise." These are the Jaghiredars of whom Sir John Malcolm thus wrote : "Adoptions which are universally recognised as legal among Hindoos are not a strict right (any more than direct heirs) where grants of land are for service."^ And, I added, "undoubtedly an irregular or unauthorised adoption did from time to time afford a just occasion, or a convenient pretext, for resuming a service Jaghire."J I made what Sir Charles Jackson calls this " admission/' expressly to show that the resumption of lands assigned for a certain service, when- ever the service was no longer required, far from consti- tuting a precedent or an analogy for the extinction of a State allied to us by a Treaty, was not even applicable to petty Chiefships and hereditary landed estates. Sir Charles Jackson accepts the statement of this coun- terfeit law, as he says himself, "in an unqualified way." Lord Dalhousie, according to him, had very little to do with the doctrine of lapse. " He merely happened to be the Governor of a country in which these lapses occurred by operation of law."\\ " If Lord Dalhousie is open to censure, it cannot be for lapses of territory which were effected by operation of law, but it must be because he did not waive the rights which the law gave him/'^f It is strange, indeed, that his legal practice and experience did not enable Sir Charles Jackson to detect what has * A Vindication,}). 13, and at p. 9 he puts me as an authority in a foot- note, t Life and Correspondence of Sir John Malcolm, November 14th, 1829, quoted by Lord Canning in the Adoption Despatch. t Empire in India, p. 147. A Vindication, p. 13. || Ditto, p. 16. 1 Ditto, p. 17. SHAM PRECEDENT AND PREROGATIVE. 15 been effectuaHy exposed by the authors already men- tioned, and by myself, in a book which he quotes if he has not read, that the mere semblance of law and custom was fabricated only by confounding sinecure offices,* hereditary pensions,")* military holdings, J and landed es- tates, with Sovereignties ; by boldly turning treaties of "perpetual friendship and defensive alliance" into " grants from a Sovereign to a subject," or " agreements" between a King and a stipendiary, || and then by assuming as the ordinary and regular course of law some rare vindictive act of a despotic Prince. Even in the case of private landed estates, no right of escheat in default of lineal male heirs was ever made out. The ruling sanction, in its applica- tion to the descent of landed property, never, until Lord Dalhousie's time, extended to the right of appropriation. ^[ Sir Charles Jackson cites Steele's Summary of Hindoo Laws and Customs (p. 185), without quoting it, in sup- port of the position that " Enamdars and Wuttundars,"- i.e. freeholders, not allied Sovereigns, should have the consent of the Government for adoption.** But he omits to tell us what is expounded in the pages following, that " an adoption concluded agreeably to the Shdstras is not annullable" and that the so-called consent being required simply to secure regularity and good order, is not essen- tial to the validity of an adoption, especially when the adopted heir is of the same gotra or clan. Nor has he quoted from p. 58 or 235 the declaration that "the Go- vernment cannot succeed while any relations, or persons connected by gotra with the deceased, can be found. "ft It is difficult to suppose Sir Charles Jackson to have been ignorant of the decision in the important case of Bhasker Buchajee v. Naroo Rugonath, (Bombay Select Reports, 24, * Called in the Mahratta Provinces and other parts of Central and Western India, nemnooks, see Empire in India, p. 172. t Wurshasun or yoomiah. % Surinjamfouj or tunkwah jagheer, see Empire in India, p. 147 and 261. Called Inams, surinjam zatee, khass jagheer, wuttun, etc., according to the tenure and locality. Sometimes these holdings, as well as those mentioned in the preceding note, conferred a customary jurisdiction over the tenants, but they were always distinguishable from Sovereignties. || Empire in India, p. 132 to 173. 1 Empire in India, p. 144 to 149. See also the Inam Commission Un- masked, by Robert Knight, (Effingham Wilson) 1859. ** A Vindication, p. 9. ft Inam Commission Unmasked, p. 26. 16 CHAPTER II. approved in Perry's Oriental Cases, 151,) " that want of the permission of the ruling authorities, is an insufficient ground for setting aside an adoption once made with the proper ceremonies/' or of the following passage from a great authority, Sir Thomas Strange, who, after detailing the various forms and ceremonies required to constitute a valid adoption, appends the following remark : " Most of these rules are general : they are not all imperative. The notice to the King may be dispensed with"* In consequence of the mass of misrepresentation that has been thrown over the whole subj ect, the right of adop- tion is too often treated as if it w^ere the extraordinary privilege of introducing a stranger into the family to pre- vent its extinction ; and the Duke of Argyll, employing the very words used on several occasions by Lord Dal- housie, speaks of an adoption taking place on " the failure of heirs natural"^ The truth is that the refusal to re- cognise adoptions in a Hindoo family, amounts to pro- hibiting the succession of any one but a son or a grandson in the male line, entirely excluding uncles, brothers, ne- phews and cousins, though these are "natural heirs" all the world over, and all descendants through females, however near in blood. By Hindoo law no collateral can be the heir, until by an adoption he has become the son of his predecessor. It is manifest at once how brief would be the existence of a dynasty and a State, if it were dependent upon strictly lineal male descent. On this point the words of Mr. (now Sir Bartle) Frere,J who in 1848, said and did everything that was compatible with his subordinate position as Resident at Sattara to prevent the annexation, may be usefully quoted : " I much doubt if a single Mahratta family of any consequence could be found in which the succession has continued for a century and a half without having recourse to adoption. Indeed, a mo- ment's consideration will show that there is a natural impossibility in such uninterrupted succession, so long as the custom remains as at present. Direct male succession, without once passing from an elder to a younger brother, or to a paternal uncle, nephew, or * Elements of Hindu Law, vol. ii, p. 64. t India under Dalhousie and Canning, p. 28. j Late Governor of Bombay, and recently appointed to a seat in the Indian Council. SHAM PRECEDENT AND PREROGATIVE. 17 cousin, is obviously impossible for many generations together, in any country ; and among the Mahrattas whenever a man of pro- perty feels his end approaching, he endeavours to adopt a son, sometimes the child of a younger brother, or other near relation who would naturally be his heir ; sometimes, where there has been a family quarrel, a far distant relation."* It is not now open to the apologists of annexation to say that they acknowledge "the ruling sanction, "with re- ference to hereditary landed estates, to have been pro- tective and regulative, not acquisitive, but that no ana- logy can be drawn between an estate and a State, and that an adoption, though good for conveying property, may not be good for transmitting a Sovereignty. They have shut themselves out from that line of defence ; but if it were open to them, their position would not be improved. It is true there is no analogy between an estate and a State, but they endeavoured to make out their case by setting up such an analogy. They argued that where private landed estates were concerned, the Paramount Power had the prerogative of preventing successions by adoption, and thus barring all but lineal male de- scendants ; and then they endeavoured by an illicit and stealthy process to include dependent Principalities, con- stituted or confirmed by Treaties, in the same category with private estates held by grants. Even if their major premiss were right, their conclusion would be wrong, because their minor premiss is false. States are not estates. But the major premiss is false also. Estates do not lapse for want of lineal male heirs. No Para- mount Power in India has ever possessed the right to exclude, even from a private heritable estate, any heir entitled under Hindoo law ; d fortiori the law- ful heir cannot be excluded from succession to a dependent Principality. If the Imperial Power cannot limit or muti- late for its own benefit the Hindoo law of inheritance in the case of a subject, still less can it do so in the case of an ally. Both the Duke of Argyll and Sir Charles Jackson re- present Sir George Clerk as " compelled to admit that the sanction of the Paramount Power is by custom required * Sattara Papers, 1849, p. 111. 18 CHAPTER II. to render an adoption to a Principality valid."* He does indeed admit that custom requires the sanction of the Paramount PoAver, but he explains that "we require the observance of this sanction for the purpose of averting the dissensions and bloodshed that would otherwise ensue from the vindication of rival pretensions ;" and he does not admit that we can " exercise that right of sanction to the extent of prohibiting adoption", j" The Duke of Argyll, who is no lawyer, may be par- doned for not duly appreciating this distinction. No such allowance can be made for Sir Charles Jackson. He says " the fact that permission must be obtained implies that it may be refused ; otherwise the permission is un- necessary and a farce."+ This enormous fallacy was dis- pelled by me in the book which Sir Charles Jackson cites. In the very page to which Sir Charles Jackson refers for my supposed admission, it was urged that even the right of investiture and supremacy, when clearly reserved by treaty, " simply entitled the British Government, as Suzerain, to exercise supervision and control over each succession, whether by natural descent or by adoption, until satis- fied that everything had been done conformably with law, with local custom, and with an equitable regard to the general interests of the family, and to the indi- vidual rights of each of its members. This alone is the meaning and scope of the ruling sanction. " This alone was the doctrine of Sir George Clerk and Sir Henry Lawrence. The latest expression of these views by the former will be found in the following extract : " The confirmation has never been refused. Hence it is that I never found an instance on the old records at Delhi, and that I never knew one occurring within my experience of our own times, of any Chiefship, either Eaj or Surdarree, great or small, being held to have escheated, excepting for felony, to the Paramount State. At length the Calcutta Government led off with that flagrant instance of the barefaced appropriation of Sattara."|| The Duke and the Judge may very justly object * A Vindication, p. 10. India under Dalhousie and Canning, p. 24, 25. t Sattara Papers, 1849, p. 62. % A Vindication, p. 13, 14. Empire in India, p. 147. Ludlow^s British India and its Races, vol. ii, p. 258, 259. || Mysore Papers, 1866, p. 71, 72. SHAM PRECEDENT AND PREROGATIVE. 19 that this paper, printed in 1866, was not known to them when their respective works were published. They may both decline to be bound by Sir George Clerk's opinions, notoriously adverse to those of Lord Dalhousie. Sir Charles Jackson may claim the right of picking any bit of bad rhetoric or apparent ad- mission out of my book that he can find, while repudia- ting any obligation to read it, or to deal with its ar- guments. The Duke of Argyll may discard me altogether from his consideration. But they cannot so easily get rid of Lord Canning's celebrated Adoption Despatch of April 30th, 1860, published in the same year, which contains (paragraphs 17, 19) the following passages. " We have not shown, so far as I can find, a single instance in which adoption by a Sovereign Prince has been invalidated by a refusal of assent from the Paramount Power. I venture to think that no such instance can be adduced, and that the practice which has prevailed is truly described by Sir Henry Lawrence, where he says : ( The confirmation of the Suzerain is necessary in all cases. He is the arbitrator of all contested adoptions ; he can set aside one or other for informality, irregularity, or for misconduct ; but it does not appear, by the rules or practices of any of the Sovereign- ties, or by our own practice with the Istumrardars of Ajmere, that the Paramount State can refuse confirmation to one or other claimant, and confiscate the estate, however small/ I believe that there is no example of any Hindoo State, whether in Rajpoota-na or elsewhere, lapsing to the Paramount Power, by reason of that Power withholding its assent to an adoption. It has been argued that the right to grant sanction implies the right to withhold it. This, however sound logically, is neither sound nor safe practi- cally. The histories of feudal Governments furnish abundant ex- amples of long-established privileges habitually renewed as acts of grace from the Paramount Powers, but which those Powers have never thought of refusing for purposes of their own, or upon their own judgment alone." Thus to make a plausible show of defence for Lord Dalhousie's doctrine of " lapse/' his vindicators proceed to reoccupy all those false positions which Lord Canning ad- visedly and deliberately abandoned as untenable. In order to transform the novel claim of forbidding successions by adoption into " the settled public law of India," a series of precedents was required. Lord Dalhousie asserted that there was such a series. Lord 20 CHAPTER II. Canning, after a careful search, reluctantly acknowledged in 1860 that no such precedents could be found. His two defenders persist in 1865 that the imaginary prece- dents are intact ; they are quite silent as to Lord Can- ning's all-important admissions. The Duke of Argyll complains of " ignorant injustice," of " a policy misrepresented and misunderstood."* I would rather attribute ignorance and misunderstanding to the advocates for the defence, than charge them with in- justice and misrepresentation. But it is difficult to sup- pose them ignorant of the acknowledgment which has just been quoted from the Adoption Despatch, or of its effect, upsetting entirely, as it does, the pretended prerogative for which they still ostensibly contend. The Duke of Argyll also complains of " special circum- stances having been carefully concealed by the opponents of Lord Dalhousie."j' Some special circumstances have been concealed by Lord Dalhousie's friends, and the actual posi- tion of the controversy has thus been completely hidden. It is in a peculiar sense, perhaps, that the Duke and Sir Charles Jackson interpret the text that "Charity covereth a multi- tude of sins." Their object is charitable ; ours is malignant. In them, therefore, inaccuracy is venial ; in us it is crimi- nal. It may be so : their venial offences, however, shall, as in this first instance, be proved. It remains for them to justify their vague accusations. * India under Dalkousie and Canning, Preface, p. 1 and p. 68. t Ibid., p. 38. CHAPTER III. A REJOINDER AS TO JHANSI. HAVING explained how on the general question of adoptions, Lord Dalhousie's defenders have suppressed not only all adverse arguments, but the conclusive acknowledgments of their own side, we may proceed to a particular question, that of the Jhansi succession, in which the same tactics are pursued in a still more re- markable manner. The Jhansi case was very fully discussed in The Empire in India, which Sir Charles Jackson quotes, and which has not, perhaps, entirely escaped the Duke of Argyll's observation. In the Edinburgh Review article of 1863 the annexation of Jhansi is dismissed in two lines. In the reprint of 1865, my book having been published in the interval, these two lines are ex- panded into two pages. In these newly interpolated comments on this very bad case, the Duke of Argyll, while engaged in concealing its worst points, charges " the opponents of Lord Dalhousie" with " carefully concealing some special circumstances affecting it."* The first concealment of which the Duke of Argyll complains is of the alleged circumstance that " Jhansi had been erected into a Principality by ourselves, and was not one of the old Independent States of India, "f Nobody ever said it was an old Independent State. It was a dependent and protected State ; it stood in a relation to us which made its destruction especially disgraceful ; but it was not " erected into a Principality by ourselves. Far from concealing what had been said on this point, I fully ex- posed Lord Dalhousie's unfounded assertion that Jhansi " was held by a Chief under a very recent grant from the * India under Dalhousie and Canning, p. 31. t Hid., p. 31. 22 CHAPTER III. British Government as Sovereign/' and "under a grant such as is issued from a Sovereign to a subject."* I did not conceal what had been said. I showed that it was not true. I showed that Jhansi w^as not held by a grant, but by the Treaty of 1 8 1 7, renewing and confirming a Treaty of "defensive alliance" made in 1804, when the Soobadar was still under the nominal supremacy of the Peishwa. The supremacy being transferred to the British Govern- ment in 1817, was to be made real and definite. By the new Treaty the possessions of the Soobadar are secured "in perpetuity" to him, "his heirs and successors;" no article or expression in it pretends to make a gift or a grant to the actual ruler, the third of his family, who had succeeded his grandfather in 1815, three years before the new Treaty was proposed. The Duke of Argyll adds that the Chief of Jhansi "was not recognised as having a hereditary right before 1817." This also is a mistake. He was the actual ruler of his territories ; the Treaty made thirteen years before with his predecessor was in full force ; no one had ever doubted or disputed the hereditary nature of that power and dig- nity which we had neither bestowed upon him nor upon his ancestor, but which we acknowledged and confirmed in the new Treaty. Perhaps the Marquis of Hastings, by whom the Treaty of 1817 was negotiated, may be heard on this subject. ' ' I remained in the same camp, and received the young Sooba- dar of Jhansi. As the title implies, the Chiefs of that territory were only officers entrusted by the Peishwas with the temporary command of the district ; but one of them, who was a man of head as well as of courage, succeeded in making the Soobadar ship hereditary in his family, maintaining in other respects towards the Peishwa relations of fealty with some pecuniary payments. The Soobadar is now our feudatory ."j- * Jhansi Blue Book, p. 20, and 22 ; Empire in India, p. 205, 209. Lord Dalhousie most unwarrantably took these words from a Minute by Lord Met- calfe, who would have been the first to protest against such a gross misapplica- tion of them. t Lord Hastings' Private Journal, vol. ii, p. 235. This passage is quoted by Mr. J. M. Ludlow, (Thoughts on the Policy of the Crown towards India, p. 125) who has fully refuted all the sophisms repeated by the Duke of Argyll. I suppose Mr. Ludlow is one of those " fifth-rate writers" whom his Grace has never consulted. One would like to know the names of those " fifth-rate writers" whose works the Duke has read. A REJOINDER AS TO JHANSI. 23 The special circumstances recapitulated by the Duke of Argyll, are the identical quibbles demolished by me in detail. Mine was a deed of exposure not of conceal- ment. All my information was derived from those Blue Books upon which the Duke of Argyll professes to rely. I certainly did not " state the facts," as the Duke re- commends, " in the light in which they appeared" to Lord Dalhousie, because I believed him to have viewed them in a false light. We now come to what the Duke of Argyll evidently considers the worst of these acts of concealment. I agree with him as to the offence, but I differ with him as to the guilty party. The Duke of Argyll asserts that in the dealings of the British Government with Jhansi, " the right of adoption had been set aside in practice ;" that in 1835, " the day before he died, the Rajah adopted a son ; but the boy was not recognised as his successor, being set aside in favour of an uncle." He quotes, as a true description of the events of 1835, Lord Dalhousie's words that " the previous Rajah did adopt a boy, but the British Government did not acknowledge the boy as successor, and it nomi- nated another person to be Rajah."* He complains that these important circumstances are carefully concealed by the opponents of Lord Dalhousie. If they were true they certainly would be important. Sir Charles Jackson makes the same statement in equally positive terms. " In 1835, Eao Earn Chund, the dependent Rajah of Jhansi, died, leaving two uncles, and a boy adopted the day before his death, without the permission of the British Government. The Government of India, without inquiry into the fact of adoption, and treating it as an immaterial circumstance, appointed the elder of the two uncles Rajah."t Following Lord Dalhousie, but not following the nar- rative of facts contained in the Parliamentary Papers, the two vindicators assume that in 1835 the Rajah of Jhansi did undoubtedly adopt a son, and that on this occasion the British Government refused to recognise the * India under Dalhousie and Canning, p. 31-2. t A Vindication, p. 11. 2-1 CHAPTER III. adoption, and nominated another member of the family as Rajah. The facts are really very different. We have seen how eagerly Lord Dalhousie accepted an imaginary chain of precedents offered to him for general use. Sattara and Nagpore were annexed on the strength of those precedents. To aid in the particular destruction of the petty State of Jhansi he tried to extract a direct precedent from its own annals. There was no such prece- dent ; and he could only create the phantom by a perver- sion of the facts before him. Even the Blue Book, which the Duke of Argyll exhorts us to study, contains full proof of that perversion ; and an ample demonstration of it was given in my book, which, if he has not read, Sir Charles Jackson quotes and censures. After refuting the alleged constitution of the Principal- ity under "a grant" from our Government, I remarked on another part of Lord Dalhousie's Minute. " The second error is of very much greater importance, and is four times repeated : in the last sentence of paragraph 7 it is said, ' In 1835 Rao Ramchund died. Although he had adopted a boy as his successor the day before his death, the adoption was not recognised ; and his uncle, Ragonath Rao, was declared Rajah :'* again in paragraph 11, 'There is no need of and no room for argument on this head. The historical facts on record negative the Ranee's assertion conclusively ; for Rao Ramchund did adopt a boy, but the British Government did not acknowledge the boy as successor, and it nominated another person to be Rajah. 'f In paragraph 12 it is stated that { previous adoption by a Rajah whom the British Government constituted hereditary Chief of Jhansi. was not acknowledged by the British Government. 3 And in the last sentence of the same paragraph f the existence of a pre- cedent' for refusing to sanction adoption, is asserted/'' J Even if this representation were perfectly accurate, there would be a precedent for preventing the succession of an adopted son to the exclusion of collateral heirs, but none for rejecting an adopted son to the exclusion of all heirs, and with the object of fabricating a lapse. There would be a precedent for protection and regulation, not for appropriation. Heally there was no precedent in the succession of 1835 for any action or interference whatever. It was * Jhansi Blue Book, 1855, t /., p. 22. % Empire in India, p. 211. A REJOINDER AS TO JHANSI. 25 a precedent of inaction and non-interference. No adop- tion was rejected, no nomination was made by our Govern- ment. What occurred was as follows : " There was a disputed succession in 1835 ; there were four claimants. The fact of the adoption was denied by the adverse par- ties. In the Note on Jhansi by the Secretary to Government, the decision in 1835 is thus described.* ' On this occasion the lawful heir by blood, descended of the body of Sheo Ram Bhow, was recognised as successor to the Raj, to the disallowance of a boy alleged to have been adopted, or nominated as successor by the late Rajah the day before his death, who, if adopted, would have been unquestionably the heir to any property of his adoptive father to the exclusion of the uncle ; and this was done without inquiry into the fact of adoption or nomination (which was doubt- ful) as though it was an immaterial circumstance/ " It is to be observed, therefore, that in 1835 the adoption or nomination was doubtful ; in 1853 the adoption was not doubtful, or in the slightest degree irregular or suspicious, but was effected in strict accordance with Hindoo law, and in the presence of British officers, and was officially reported to Government in writing by the dying Rajah. There is no parallel here ; no pre- cedent can be founded on the decision of 1835."f Whatever were the merits of that decision, our Govern- ment had no right to boast of it, or to profit by it in any way. te The fact is, that the settlement of 1835 was not a decision of our Government at all, but that of a certain party in the Jhansi Durbar. The only decision at which our Government arrived was the decision of not deciding, interposing, or even advising in the dispute. The Political Agent was authorised to recognise Rago- nath Rao, the deceased Rajah's uncle, who was in actual posses- sion, but no opinion was given as to his right : and these qualifying expressions were added, ' It being presumed that he is able to establish his authority, and that his succession will be acknow- ledged by disinterested parties at Jhansi. "J I then pointed out that the successions to Jhansi in 1835, and in the family of Holkar to the Indore State in 1834 both of them under Lord William Bentinck's adminis- tration were sad instances of the neglect of our moral duty as the de facto great protecting and pacificating Power, and proved the truth of Sir George Clerk's reproach that " the inconsistency, caprice, and mutability of our opinions regarding all great principles, is the bane of our * Jhansi Blue Book, p. 18. f Empire in India, p. 212. t Jhansi Blue Book, p. 17. Empire in India, p. 213. 26 CHAPTER III. supremacy in India."* Our refusal to interfere in the Holkar succession, which Lord William Bentinck declared must be settled by " the general wish/' and " the voice of the country/ 7 led to scenes of bloodshed and disorder that at last compelled our armed intervention, but only for the support of the party which had the upper hand for the moment, and was in possession of the capital and Palace, f There was another disputed succession at Jhansi in 1 838, briefly mentioned in Lord Dalhousie's Minute, which ap- peared to me to call for no special notice when I was dis- cussing the subject. The Duke of Argyll does not refer to it. Sir Charles Jackson brings it forward as another ex- ample of the "ruling sanction" negatively enforced to ex- clude an adopted son. He says : "On his" (Rajah Eago- nath Rao's) "death without issue, in 1838, they" (the British Government) "placed the younger uncle on the throne, although the adopted son was still living, and as- serted his claim. "J Here at last we have an intervention, but it does not help Sir Charles Jackson in the least. Warned in all probability by the evil effects of its passive attitude to- wards the struggle for succession in the Holkar family at Indore in 1834, the British Government took upon it- self to settle the second disputed inheritance at Jhansi in 1838, when there were again four claimants, after a judicial inquiry conducted by a Commission. This settle- ment was a legitimate assertion of the British preroga- tive as the Paramount Power over its feudatory. The same functions might most properly have been exercised at Indore in 1834, and ought to be exercised on any future occasion by the Imperial Power of India, where the right of succession is doubtful or disputed, even though the State concerned may not stand towards the British Government in the position of a feudal dependent or tribu- tary. Such an intervention is regulative and protective, but involves no right or claim of confiscation. The non-intervention of 1 835 was a neglect of protective power; the intervention of 1838 was the rightful exer- cise of protective power ; the intervention of 1853 was a gross and greedy abuse of protective power. * Empire in India, p. 217. t Papers, Succession by Adoption, 1850, p. 70, 71, 75. % A Vindication,^. 11. CHAPTER IV. A EEJ01NDER AS TO NAGPORE. THE annexation of Nagpore was treated very fully by me in the Empire in India. Neither of the two vindicators venture to meet or to mention any of my arguments. Yet Sir Charles Jackson professes to have seen my book, and cites it more than once. In the original Edinburgh Review article of 1863 the subject of Nagpore was dis- missed in ten lines, as " a case which involved no disputed question."* In the republication of 1865, my book having appeared early in the previous year, these words are omitted, and the brief paragraph is expanded into six pages. How did the Duke of Argyll ascertain between January 1863 and June 1865, that his first impression was a mistaken one, and that the Nagpore question was open to dispute after all ? Whose disputations induced these after-thoughts ? Surely not mine, for the Duke calmly reiterates the fictions and fallacies, blindly imbibed from the Blue-Books, which I endeavoured to explode. Lord Dalhousie, pursuing, if he did not originate, the unworthy and unstatesmanlike practice of depreciating our own method and our own settlement, and turning British protection into a precarious toleration, tried to degrade the Nagpore State by representing it as the mere creature of our free will and pleasure. He said that the Marquis of Hastings, who was Governor General in 1818, had " set up a boy whom he selected to be Rajah " that the British Government had " bestowed the sovereignty upon the per- son whom it thought best;" and that " the simple question of determination was whether the sovereignty of Nagpore, which ivas bestowed as a gift on a Goojur in 1818, shall now be conferred upon somebody else, as a gift a second time;" and he objected to " the gratuitous alienation a * Edinburgh Review, January 1863, p. 17. 28 CHAPTER IV. second time of the State of Nay-pore"* I showed that the late Rajah was the nearest of kin, when he was placed on the throne in 1818; that it was a doubtful question whether he was not the rightful heir in 1816, instead of Appa Sahib, whose party we supported but whom we afterwards deposed ; and it was therefore inaccurate to speak lightly of him as " a boy selected to be Rajah," or as "a person" upon whom" the sovereignty was bestowed.." I quoted the words of Lord Hastings himself, who in a letter addressed to the Court of Directors briefly describes Appa Sahib's treachery and deposition, and observes that the disturbed state of the country " made it expedient for us to lose no time in establishing a new Government. The members of the reigning family, and the principal persons of the State, were consulted. They unanimously recommended the nearest of blood in the Bhonsla (the Rajah's) family, for the succession, and he was raised to the musnud in the room of Appa Sahib, "j" I pointed out that this was a great contrast to Lord Dalhousie's con- temptuous assertions that Lord Hastings " set up a boy whom he selected" and that he " conferred the gift under the influence of no consideration whatever but his own free will and pleasure! 'J I also proved that whatever phrases as to the rights of conquestacquired undoubtedly in Nagpore, but which we chose, from motives of policy, to waive, and as to "conferring" the territory on the young Rajah, might have been used in despatches from and to the Governor General in 1818, no process of gift, or transfer, was gone through ; nor were any such terms introduced into the Treaty of 1826, in the Preamble of which, on the contrary, after referring to his predecessor's hostility and deposition, the Rajah is declared to have "succeeded to the throne by the favour of the British Government," and is required, under Article Y, to confirm former cessions, which of course could not have been required or permitted had he received the Principality as a gift or new grant from the * Papers, Rajah of Berar, 1854, p. 23, 30. f Report of Select Committee of House of Commons on the East India Com- pany, 1833, Appendix, pp. 10-1. \ Papers, Rajah of Berar, p. 28 ; Empire in India, p. 188. A REJOINDER AS TO NAGPORE. 29 conquerors. Sir Richard Jenkins, who was Resident during the late Rajah's minority, quoting the Marquis of Hast- ings' own words, had spoken of " the restoration of the State of Nagpore to its rank as one of the substantive Powers of India/' I proved, in short, from all the records of the time, that the State of Nagpore was not conferred as a grant or gift on the late Rajah, that no new Princi- pality was created in his favour by the British Govern- ment, but that by its forbearance and favour he succeeded to the throne of his ancestors. Yet the Duke of Argyll feels himself justified in repeat- ing that the British Government in 1818 "selected an infant boy who was son of a daughter of the second Rajah;" and quotes with approval Lord Dalhousie's protest against " the gratuitous alienation of the State of Nagpore, for the second time."* Sir Charles Jackson also quotes the assertion that " the sovereignty of Nagpore was bestowed as a gift upon a Goojur by the British Government in 1818."t Lord Dalhousie thus describes the Nagpore annexation, in his Farewell Minute of 1856, reviewing his own admi- nistration : " The Kingdom of Nagpore became British territory by simple lapse, in the absence of all legal heirs. The Kingdom which had been granted to the reigning Kajah by the British Government, when it had become forfeited by the treachery of Appah Sahib, was left without a claimant when the Rajah died. No son had been born to his Highness ; none was adopted by him ; none, as they have themselves admitted, was adopted at the Rajah's death, by the Ranees his widows. "J In the ten lines allotted to this case in the Review ar- ticle of 1863, the Duke of Argyll quotes this passage, omitting, however, the important words which I have placed in italics. It would have been well if they had been omitted from the original document. The passage disappears altogether from the enlarged and revised pub- lication of 1865. It was well discarded. " The Kingdom of Nagpore," it is said, " was left with- * India under Dalhousie and Canning, p. 34 and 37. t A Vindication, p. 17. t Papers, Minute by the Marquis of Dalhousie, dated February 28th, 1856, No. 245 of 1856. 30 CHAPTER IV. out a claimant" When these words were penned by Lord Dalhousie, a very little reflection and research would have reminded him that Mr. Mansel, the Resident at Nagpore, in a despatch dated 14th December, 1853, three days after the Rajah's death, gave his opinion upon the respective standing and qualifications of each one of the late Sovereign's family who might be considered as "a pretender to the throne"* I cannot see much difference between a "pretender" and a "claimant." The Rajah's nearest male relatives, according to Mr. Mansel's report, were two grand nephews, one grand nephew of his prede- cessor, Raghojee the Second descendants in the female line, but all eligible for adoption, according to Hindoo law and family custom and a nephew, sister's son, who was married, and therefore incapable of being adopted. From among these Mr. Mansel recommended the elder of the deceased Rajah's own grand nephews, as "the most favour- able selection" for the throne, describing him as well edu- cated in the Mahratta style, " amiable in disposition, and sensible, not apparently possessing brilliant talent, but tractable, "f Yet Lord Dalhousie did not hesitate to say that " the Kingdom of Nagpore was left without a claimant "; and, in spite of the evident contradictions to it contained in those Blue Books which the Duke of Argyll professes to have studied, his Grace did not hesitate to repeat that statement in the Edinburgh Review. Having pointedly referred to the principal claimant in his revised reprint of 1865, the Duke could hardly retain in the text this abso- lute denial of his existence, and the whole passage is there- fore judiciously left out. Lord Dalhousie's apologists may now say on his behalf, that though, strictly speaking, it may have been a slight overstatement to declare that there was no claimant of the throne, there actually was no person entitled to the throne, until duly adopted ; and that no adoption was effected or even proposed. This, in fact, was asserted by Lord Dal- housie in the passage from his Farewell Minute now under consideration. " No son," he says, " had been born to his * Paragraphs 33, 34, 36 of the despatch ; Papers, Rajah of Berar, 1864, p. 20. t Ibid., 1854, p. 20. A REJOINDER AS TO NAGPORE. 31 Highness ; none was adopted by him ; none, as they have themselves admitted, was adopted at the Rajah's death by the Ranees, his widows." These words "as they have themselves admitted" seem to have been a little too strong for the Duke's digestion, even in 1863, for they are expunged from the extract as given in the Edinburgh Re- view. The statement is, indeed, almost unparalleled for heedless inaccuracy. Instead of the Ranees having "admitted" that no adop- tion had taken place, they never ceased, up to the hour of Lord Dalhousie's departure from Calcutta, to urge upon the British authorities, so far as they dared, and to the best of their means and ability, the claims of their adopted son. In his demi-official letter, written a few hours after the Rajah's death, on the llth December, 1853, Mr. Mansel, the Resident, wrote, "The immediate people of the Court, and officials of Government, of course desire adoption, but I have given no special encouragement to the wish."* In his formal despatch of three days later, while de- scribing the several "pretenders to the throne," as quoted above, he said that " Yeshwunt Rao Aher Rao, the son of Nana Aher Rao, and grandson of the late Rajah's sister, would decidedly be preferred by the mass of the courtiers to any other youth for the Musnud, whether given to him by adoption, or by grant from the Company."-)' I may here mention that this grandnephew of the late Rajah, Yeshwunt Rao, then more usually called Appa Sahib, is the same Janojee Bhonsla, so named by virtue of his adoption, who is now recognised by our Government as the head of the family, to whom the ancestral landed property was restored, with the titles of Rajah and Baha- door, by Lord Canning in 1860, " in recognition of the loyal conduct of the family during the rebellion, and of the faithful attachment of the late Banka Baee to the British Government." J In a subsequent letter, dated the 14th April, 1854, Mr. Mansel explained that "the family of the late Rajah would * Papers, Rajah of Berar, 1854, p. 56. t Ibid., p. 1854, p. 20. % Calcutta GazeMe, April 14th, 1860. 32 CHAPTEE IV. prefer to retain the actual musrmd in the hands of some heir selected by adoption/'* The Duke of Argyll expresses some surprise that "since, as a matter of fact, not even the plea of adoption could be urged in this case, Lord Dalhousie entered into a long and perhaps needless argument on the petition of the ividoivs""\ That long argument, to which he frequently reverted, was needless indeed and utterly futile as the Duke him- self perceives if the Ranees had no right to adopt. Why did the Governor General, in the face of Mr. Mansel's assurances that all the Court desired an adoption, and his indication of the exact person they would prefer, resort to unfounded surmises as to jealousies among the Ranees disinclining them to adopt a successor to the throne ? Of what consequence were these imaginary jealousies, except for the purpose of silencing Lord Dalhousie's own misgiv- ings ? It is as plain as possible that Lord Dalhousie was very doubtful of his right to prevent the succession of an adopted heir, and therefore tried very hard to persuade himself that the Ranees were so blind to their own inte- rests as not to wish to maintain the sovereignty. "It is unnecessary," he says, "to enter into any discus- sion," whether the widow is authorised to adopt. " There is no ground for any such discussion. The widow has made no attempt nor any proposal to adopt." J And then he proceeds to build up his theory as to the widows' jealousies and aversion to adopt an heir. No reasons whatever can be gathered from the Blue Books, or from any other sources, to lead us to suppose that there ever was the slightest difference of opinion or jealousy among the Ranees ; that there ever was the least doubt or question among them as to their right to adopt, as to the advisability of adoption, or as to the person to be adopted. Their only doubt was whether the Rajah's elder grandnephew, whom they considered best entitled to the throne, would be the candidate most accept- able to the British Government, with whose overwhelming * Further Papers, Berar, 1856, p. 5. t India under Dalhousie and Canning, p. 37. j Papers, Rajah of Berar, 1854, p. 24. A REJOINDER AS TO NAGPORE. 33 power they were well acquainted, and whose protecting and regulating prerogative they cheerfully acknowledged. They expected some communication to be made to them by the Governor-General. Fully aware of all the details of recent claims to succession, the Bhonsla family knew that in 1838 an adopted son had been set aside at Jhansi in favour of an elder relative ; they knew that at Indore in 1844 one adopted son had been rejected in favour of another. They determined therefore not to endanger the succession of the rightful heir by any precipitate step. This appears clearly enough from Mr. Hansel's despatches. In that one written three days after the Rajah's death, dated 14th December, 1853, he reports having paid a visit of condolence to the Ranees, when the senior lady, the Banka Baee, let fall " occasional expressions of hope that the interests of the Bhonsla family would continue to be interwoven with the Berar Kingdom."* In the letter of the 14th April, 1854, containing his remarks on the several "pretenders to the throne," Mr. Mansel writes as follows : " In my communications with the late Durbar Vakeel, I was led to suppose at first that I should receive a formal representa- tion from the Banka Baee and the eldest widow of the late Rajah, Anpoorna Baee, on the subject of their claims to adopt an heir to the musnud, they and their immediate advisers treating it as hard that their case should be finally disposed of without further formal communication with them. Partly, I apprehend, from their own helplessness, sand partly from the disinclination of the most intelli- gent parties about the Court to engage in a course that might be deemed hostile or held offensive to the British representative, the ladies and other near relatives of the late Eajah have not taken, so far as I can learn, any effective step to appeal in Calcutta or England against the orders executed by me, nor has any formal representation on paper been submitted to myself."f Helpless they were indeed ! The Resident, we may be sure, did not overestimate their dread of evincing hostility and giving offence. Colonel Low (now General Sir John Low, K.C.B.), the only Member of the Supreme Council who at that time had any experience of characters and customs at Native Courts, and who firmly opposed the annexation, with singular accuracy divined and described * Tapers, ttajah of Berar, 1854, p. 14. f Further Papers, Berar, 1850. p. 5. D 34 CHAPTER IV. the state of affairs and of feeling at Nagpore on the sub- ject of adoption. The Ranees and their advisers, having signified their wishes to the British Resident, waited patiently for some inquiry or reference from the Supreme Government. "They were naturally deterred," wrote Sir John Low, "from making any attempt of the kind" openly adopt- ing a son " when they saw the British Resident at once take possession of the Government, and order the British troops to be in readiness for any emergency that might occur."* At the same time, while these measures, taken by the Resident, in pursuance of strict orders from Cal- cutta, overawed the ladies at the very time when prompt action was all important, his kind, considerate, and con- solatory manner and expressions, and his evident desire to maintain their dignity, to preserve their wealth, and to secure them a splendid income, "perfectly well surmised by the Bhonsla family," as Lord Dalhousie complained, t still more tended to confirm the Ranees as to the prudence and propriety of trusting to his good offices, and to the friendship of the Honourable Company. Not until Mr. Mansel was removed from Nagpore, notoriously in consequence of his representations in their favour, did the Ranees suddenly awake to the exigen- cies of their position, and enter upon a course of appeal and remonstrance. Almost driven to despair, they began to suspect that Mr. Mansel had betrayed them into the loss of so much valuable time. In the first memorial directly addressed to the Governor-General, the Ba.nka Baee states that on the Rajah's death she had made many " communications both in person and by agents to Mr. Mansel, the Resident, with respect to the treaties of friendship and alliance, whereupon that officer gave us, according to the powers vested in him by the Honourable Company, every assu- rance of the realisation of our wish." She explains that she had remonstrated against the letter from Government, read to the Ranees by the Resident on March 14th, 1854, declaring that "as there was no heir to succeed to the * Papers, Rajah of Berar, 1854, p. 48. f Further Papers, Berar, 1856, p. 9. A REJOINDER AS TO NAGPORE. 35 guddee" (throne) " Government had annexed the State to the British territories." Upon this, she proceeds, " with reference to the powers vested in the Resident by your Lordship, I communicated to him a second time through my officers, all my sentiments, whereupon he set my mind at ease by assuring me that he would in the course of three months, procure me favourable orders from your Lordship." Instead of any favourable orders, on July 15th, 1854, two days before this memorial was written, the Resident's Assistant had come to the Palace and in- formed the Ranees that they were to be pensioned, and that, with the exception of " a small portion of the gems and other articles," all the family property would be "seized on behalf of Government." Against these proceedings the aged Ranee protests, especially against "a departure from treaties," and concludes by begging the Governor-General, "with reference to the ties of friendship subsisting from of old between the two Governments, to continue the guddee of this State in this family."* Lord Dalhousie, in his Minute on this first direct com- munication from the Ranees, exults over " the marked absence of any allegation that an heir was appointed to the guddee of Nagpore." "She does not," he adds, " so much as attempt to name, or even to affirm the existence of any heir to the guddee ""\ This exultation was not very well founded, considering that the letter in question contains a protest against the decree "that there was no heir to succeed to the guddee" appeals to the treaties, and requests that the guddee may be continued "in the family." Still it is true that the heir is not named, but obviously from the same motives that had actuated the Bhonsla family from the first. She wishes some inquiry or proposal to be made by the Governor- General. Had the Ranees been amenable to the advice and influence of any person of strong character and courage, and great courage would have been required to brave the British representative, they would have publicly in- stalled their adopted son at a very early period, and then have applied for the sanction and recognition of the Gover- * Farther Papers, Berar, 1856, p. 14. f Ibid., 1856, p. 15. D 2 36 CHAPTER IV nor-General. But they were ignorant and timid women ; there was more than one pretender; and any contumacious conduct on their part might, according to their apprehen- sions, destroy the chance of their candidate, perhaps ensure his banishment. Immediately on Mr. Mansel's departure from Nagpore, however, they had concluded their plans for delegating agents, both to Calcutta and to London, to appeal against the extinction of the family and Princi- pality ; and within two or three days of Lord Dalhousie's unfavourable reply to this first memorial being despatched, after nearly four months' delay, he must have received another, from Hunwunt Rao, the accredited agent of the Ranees, dated 16th September, 1854, declaring that "there are rightful heirs to the guddee and territory of Nagpore" that "there are rightful heirs of the late Maharaja, and successors to the Raj or Kingdom, entitled to succeed thereto, both according to the customs of the family and the Hindoo law" and that "the Maharanee has always been and expressed herself to be willing and prepared to take into adoption any one of such heirs and successors as may be agreeable to her, on such just and reasonable terms and stipulations as she may be advised to do by your Lord- ship" The agent concluded by stating that he was "fur- nished with full information regarding the affairs that have been transacted, and the events that have transpired subsequent to the demise of the late Maharaja," and that he was prepared "to submit such information, either per- sonally or by letter," as might be directed.* The Governor-General wanted no further information. He had satisfied himself, in spite of Mr. Mansel's letters, that there was not even a "claimant" of the throne, and that the Ranees were absolutely averse to an adoption. He refused to receive any appeal from an agent, and in a letter dated 29th September, 1854, referred the Ranees to the Commissioner, "to whom they can address themselves, and personally communicate with him at all times, "t But on the 6th October the Commissioner, after reporting the departure of several agents deputed by the Ranees to in- tercede on their behalf, declares that he has refused to be * Further Papers, Bemr, 1856, p. 17. t Ibid., 1856, p. 22. A REJOINDER AS TO NAGPORK 37 "the medium of communication on the subject," and that he has "distinctly explained on every occasion that no officer in the service of the British Government could pre- sume to address the Governor-General on a matter which had been finally disposed of after the most mature con- sideration."* Another agent having been sent to Calcutta to complain of this total denial of a hearing, the Commissioner was de- sired on the 8th December, 1854, to forward any petitions the Ranees might wish to address to Government, f This gives a glimpse behind the scenes into the system of ob- struction and intimidation by which the Ranees' natural disabilities and apprehensions were enhanced, and the full statement of their case kept back from the Government for an entire year. Unfortunately Mr. Mansel, though well-disposed to- wards Native States in general, so far succumbed to the political heresy of the day, recently enforced at Sattara, as to disparage the rights of an adopted heir ; he recom- mended that the State of Nagpore should for the present be "preserved in feudal chieftainship" under the Banka Baee, the grandmother of the deceased Rajah, (who had been Regent during her grandson's minority, and who for upwards of fifty years had exercised a dominant influence both in domestic and public affairs), and that Yeshwunt Rao Aher Rao, now Janojee Bhonsla, should be "trained up to succeed her."J And he seems to have been at first animated with some confidence that this middle course would be cordially accepted at Calcutta. Thus fixing his mind on what he caUed "a new form to be given to native power," "an experiment for reconciling the interests of the people, the claims of the Bhonsla family, and the duties of Great Britain," he lost sight of the inherent right of Janojee Bhonsla to be adopted. His right was not absolute against all other claimants eligible for adoption, but it was absolute against the claim of "lapse" in default of all heirs, set up by Lord Dalhousie ; it was infinitely stronger than that of any other relative of the deceased Rajah ; and * Further Papers, Berar, 1856, p. 27. f Hid., 1856, p. 24. % Papers, liajah of Berar, 1854, p. 20. 38 CHAPTER IV. the adoption of some one of those relatives was obligatory on the widow, both by Hindoo law and family custom. Sir Charles Jackson says : "The Rajah of Nagpore left no heir in the male line, and no other heir could inherit;" and in a note to this passage refers us to "Sir Richard Jenkins' Report on Nagpore, in which he states the prin- ciples regulating the succession to the throne. He says, 'It is hereditary in the entire male line from the common ancestor or first founder of the dynasty, to the exclusion of females or their issue.'"* Sir Charles Jackson is quite right in his quotation so far as he goes. Why does he not go a little farther and quote a little more ? Sir Richard Jenkins gives the above as "the fundamental maxim," but he adds, " Another maxim generally acknowledged is, that on the death of a Rajah leaving no male heir, it is the privilege of his prin- cipal widow to adopt a child from the relations of her hus- band to succeed him, and herself to govern in his name."f Wherever Sir Charles Jackson found the words which form his garbled quotation he could have found the re- maining words, and I can imagine no excuse for their sup- pression. Lord Dalhousie gave the whole passage fairly enough, J but then his argument was, as we have seen, that the widow was averse to an adoption. The most remarkable part of Sir Richard Jenkins' tes- timony is that after laying down these fundamental maxims he proceeds to declare the rule that had been ob- served in seating the Rajah, then a minor, on the throne, and that should be observed in choosing his successor from the female line, in case he should die without leaving a son. That rule was "to choose the nearest male descendant of the last Rajah who had any." According to that rule the late Rajah's grand-nephew, the great-grandson of Rughojee the Second's daughter, and that Rajah's "nearest male de- scendant," was actually adopted as a son, on the death of his grand-uncle. Partly owing to the Ranees' overstrained submission, partly to Mr. Hansel's imperfect appreciation of his natural * A Vindication, p. 15. f During the minority only. Papers, Rajah of Berar, 1854, p. 23. Report on Nagpore, 1827, p. 146. A REJOINDER AS TO NAGPOKE. 39 and acquired rights by birth and expectations, no serious discussion of Janojee Bhonsla's claim took place in the Supreme Council before the annexation. In order fully to supply deficiencies, we must now for the first time in this critical inquiry travel out of the Blue Books, which, how- ever, contain ample information on this subject, already quoted, to prove to the Duke of Argyll, who professes to have studied them, that the Rajah's elder grand-nephew, the principal "pretender to the throne," was not ade- quately or ingenuously described by Lord Dalhousie as "a Mahratta youth," or as "a stranger." The facts re- lated in the following extract were not derived from any occult source, nor from unpublished official records, but are such as might have been gathered by any one in ordi- nary conversation from well-informed people at Nagpore ; and their truth can still be confirmed by hundreds of living persons, including many English officers. " According to a family custom, applicable only to the lineal des- cendants of the Rajahs, his" (Janojee Bhonsla's) (f mother, Myna Baee, the late Rajah's niece, and great-granddaughter of Raghojee the 2nd, came to reside in the Palace a short time before her con- finement, and was there delivered of a son on August 14th, 1834. On his birth being announced, a salute of twenty-one guns was fired in the public square of the Palace, and a feu de joie was fired by the Rajah's Artillery and Infantry. And on the 25th of the same month the principal Chiefs and Ministers of the Court visited the Resident on the part of the Rajah, for the purpose of distributing sugar on the occasion.* At the birth of no other person now living in Nagpore were such honours paid, or such a communication made to the British Resident. This boy was brought up entirely as a child of the Palace, in which he much more usually resided than in his own father's house. Wherever he went, ten or twelve of the Mahratta and Mussulman Maunkurrees (hereditary officers of rank and family) were appointed to attend upon him ; spearmen and other servants, horses and elephants from the Rajah's estab- lishment, were detailed for his service and retinue. Directions regarding his education and companions were always given by the Rajah himself. As he grew older, he accompanied the Rajah on all his progresses through the country, and sat by his side on pub- lic occasions in durbar and on his visits to the 'Resident. The * Sugar is sent to relatives and intimate friends by a Hindoo father when a son is born in his house. On this occasion it clearly signified the birth of an heir-presumptive to the Rajah, whose health was frequently very delicate at this period, and who had been married for three years without issue. 40 CHAPTER IV. Raj all would not permit his marriage to take place, a ceremony which among the Nagpore Mahrattas is usually celebrated at a very early age, but the conclusion of which precludes subsequent adoption, in a few words, as year by year the prospects of the Rajah having legitimate offspring appeared to diminish, all the family and followers of the Court became accustomed to look upon Appa Sahib as the destined successor to the nmsnud."* The real circumstances that followed the death of the late Maharajah were thus described by me : " Appa Sahib was at once summoned by the Banka Baee and by Anpoorna Baee, the senior widow ; and at the request of both these Ranees, his father Nana Aher Rao, and his mother Myna Baee, formally, and in presence of all the assembled relatives, consented to resign him to Anpoorna Baee. The Banka Baee proposed that until the orders of the Supreme Government were received, the public ceremony of giving a new name to the young Rajah, and the usual procession and installation, should not take place ; and while this question was being debated in the family circle, the information that the Resident had ordered seals to be put on the Treasury and Jewel Office, and had otherwise taken measures for exercising all authority in his own person, decided it in favour of the Banka Baee's consistently submissive policy. The Baee said at that time, and on many subsequent occasions, that she had already seen the affairs of the Nagpore State settled several times by orders from Calcutta, and that she had no doubt they would be settled once more on the old terms. "f tf The ceremonies of adoption were then duly performed in the Palace, and the funeral rites were celebrated by Appa Sahib, who subsequently received the name of Janojee Bhonsla/'J The name of the person who had officiated as a son at the Rajah's cremation, and at the solemn filial obsequies called kriya karm, was of course known to the Resident, as it was to all Nagpore ; but he considered it sufficient to report in his first demi-official letter to the Governor- General that "the funeral pile was to be fired by the ordinary relations of the deceased. " Even this not very explicit account is absent from the subsequent formal despatches. We have already seen why the Ranees them- selves made no direct notification. But, it may be asked, if the Bhonsla family really wished and expected instructions to be sent by the British * Empire in India, p. 176, 178. f Hid., p. 178. t Ibid., p. 175. Papers, Rajah of Berar, 1854, p. 56. A REJOINDER AS TO NAG POKE. 41 Government as to the vacant throne, why did they take the irrevocable step of adopting their own candidate ? The adoption was effected on the grounds of religion and custom, though no doubt it was supposed to strengthen the claim of the heir whom all preferred, and whom the Rajah was known to have chosen. It would be the greatest mistake to imagine, I have always disputed the notion, that, either in the Hindoo or the Mussulman States of India, a rigorous, well-defined rule of succession has ever been so clearly laid down, and so universally accepted that there never was any ground for doubt or contention. There are no real precedents for the lapse or escheat of a Hindoo sovereignty, but there are many precedents for every variety of irregular succession, even for that of females. Adopted sons had been recently set aside, and, as we have seen, apparently with the approval of the British Government, at Jhansi and Indore. For all that the Ranees and their advisers knew, the Governor- General might prefer on this occasion to enthrone the Rajah's nephew, on the ground of his consanguinity and mature age ; or the plan might be carried out, which they knew had been recommended by the Resident,* whose influence always seemed to them unbounded of entrust- ing the government for some years to the venerable Banka Baee, whom all regarded as the good genius of the family and State. And although when the Minute of the 28th January, 1854, was recorded, the adoption of Janojee Bhonsla was still a private affair, Lord Dalhousie knew at that time from Mr. Mansel's despatches that an adoption was desired by the family, and that the Rajah's elder grand-nephew was a " pretender to the throne/' and would be " decidedly pre- ferred" for the musnud. Notwithstanding all this, his Lordship devotes two lengthy paragraphs, occupying two Blue Book folio pages, to an array of contradictory infer- ences and unfounded surmises proving that the Ranees must be averse to adoption ; repeatedly declares that the Rajah has left "no heir whatever;""^ and in his second * A secret of this sort, if it was intended to be a secret, is never kept from those interested. t Papers, Rajah of Berar, 1854, p. 22, 23, 26. 42 CHAPTER IV. Minute, in reply to Colonel Low, asserts that there is "no natural heir"* And three times in the same words he objects to "the gratuitous alienation of the State of Nagpore in favour of a Mahratta youth"^ But when in his Farewell Minute of 2 8th February, 1856, Lord Dalhousie improved upon these phrases of studied disparagement, and tried to force down Janojee Bhonsla into deeper oblivion, by saying that the throne was " left without a claimant" and that " the British Government refused to bestow the territory in free gift upon a stranger "+ I am afraid he knew all about Janojee Bhonsla's claim, and his alleged position by birth and adoption. He had then received from the Ranees, and had answered, at least one letter in which Appa Sahib was named as their adopted son and lawful heir of the deceased Rajah. One small point of verbal exculpation may be reserved in his favour. He may, perhaps, have doubted whether Appa Sahib was adopted on the very day of the Rajah's death. But with this minute exception, scarcely rising above a quibble, I can see no possible excuse for those rash and extravagant assertions that there was " no claimant" and that "no son, as they have themselves admitted, was adopted at the Rajah's death by the Ranees his widows. " Far from having admitted that negative proposition, they were, that very moment, pressing its contradictory affirm- ative upon the attention of Government by all the means in their power. Many months before Lord Dalhousie's departure, the Ranees had gained courage from despair ; and when that Farewell Minute of the 28th February, 1856, was written, their agents in London had been * Ibid., p. 55. In the same way, referring to the Carnatic succession, where, the family being Mahometan, no adoption was necessary he says, "the Nawab left no male heir" (Minute of February 28th, 1856, para. 43, p. 11) when all that ought to have been said was that he left no lineal male de- scendant ; for he left a paternal uncle, (the son and brother of successive reign- ing Princes,) a male heir both according to Mahomedan and English law. Mr. J. M. Ludlow has well shown how in the Sattara and Jhansi cases also, Lord Dalhousie fell into this blunder, turning "heirs and successors" into "lineal heirs," or " heirs of the body," treating the words " successors" as surplusage, and construing " heirs" as "issue." (Thoughts on the Policy of the Crown, p. 120, 140, to 144.) t Papers, Rajah of Berar, 1854, p. 23, 26, 30. % Minute of the Marquis of Dalhousie, 1856, p. 7. Ibid., 1856, para. 14, p. 7. A REJOINDER AS TO NAGPORE. 43 engaged for nearly a year in addressing petitions to the Court of Directors and the Board of Control.* Copies of these petitions must of course have been immediately furnished to the Governor-General for his information. The agents also write to the Ranees on the 1 Oth October, 1855, that being desired by the home authorities to transmit what they have to say through the proper channel, they have already forwarded three petitions through the Commissioner of Nagpore to Lord Dalhousie.t What the contents of these petitions were we learn from Mr. Ludlow, who had seen them at the office of the India Reform Society. In the first of these, dated the 18th April, 1855, it is asserted that "the late Prince had long intended to adopt one of his near kinsmen, by name Yeshwunt Rao Aher Rao," otherwise called Appa Sahib, and now Janojee Bhonsla. It is asserted that " imme- diately on the Maharajah's decease the Maharanees made known their lord's wishes to Mr. Mansel, the Resident, and that gentleman assured the Maharanees that he would make known their wishes to the Governor-General for the aforesaid Yeshwunt Rao being placed on the throne." And, as we have seen, this is exactly what Mr. Mansel did.J It is said that the ladies, satisfied with this assu- rance, " were content to postpone the completion of such ceremony," and " with the concurrence of the Resident allowed Yeshwunt Rao Aher Rao to perform the necessary- funeral solemnities. " Sir Charles Jackson expresses his belief that the Ranees did not adopt Appa Sahib until " after the decision of Government in favour of annexation," and that they then " antedated his adoption."j| If it were so, Janojee Bhonsla's right to the succession under the Treaty, as the " heir and successor" of the Rajah would not be weakened. Neither Hindoo law, nor the customs and precedents of the Bhonsla family, prescribe any limited number of days, after which an adoption would not be valid or effective. If it were as Sir Charles Jackson believes, all that could * Further Papers, Berar, 1856, p. 54 ; Thoughts on the Policy of the Crown, by J. M. Ludlow, Esq., p. 151, 153. f Further Papers, Berar, 1856, p. 54. t Ante, p. 31, 37. Thoughts onthe Policy of the Crown, p. 152. || A Vindication, p. 23, note. 44 CHAPTER IV. be said would be that the Ranees having waited a reason- able time, under the instructions of the British Resident, for the initiative to be taken by the Protecting Power, adopted the Rajah's natural and intended heir, when the bad intentions of the Protecting Power could be no longer mistaken. In the book which Sir Charles Jackson has quoted, I related the story of the Bhonsla's ancestral estates, situ- ated beyond the limits of the Nagpore territory, their hasty sequestration on the Rajah's death, their subsequent restoration to the widow, and their ultimate assignment to the adopted son. " The estates remained in the -widow's possession until 1860, when Lord Canning having, as a partial and very imperfect re- paration to the Bhonslas, recognised Janojee Bhonsla as the head of the family, the lands were transferred to him, with the rem- nants of the private moveable property that had escaped Lord Dalhousie's auctions."* Sir Charles Jackson, alluding obscurely to this trans- action, says : " The report of the Resident, who was in communication with the Ranees after the Rajah's death, and a petition of the Banka Baee's, were conclusive, and Lord Canning refused to acknowledge Appa Sahib as the adopted son of the Raj all" "\ This point was met and fully treated by me, but Sir Charles Jackson makes no reference to the following remarks. " In the notification of his title of Rajah Bahadur of Deoor, in the Calcutta Gazette, Lord Canning, certainly with no intention of insult, described the grandnephew and adopted son of our faithful Ally as ( the adopted son of the widow of the late Ruler of Nagpore,' an impossible relationship according to the Hindoo law, a solecism in legal phraseology, and colloquially in India a contemptuous and offensive designation. J Of course the object was to avoid the appearance of acknowledging Janojee Bhonsla's direct heirship to the late Rajah. But the evasion is as ineffectual as the mode of expression was ungracious. The Government * Empire in India,p. 244. f A Vindication, p. 23 (note.) J The notification runs as follows : " No. 1.115 : Camp Hoshiarpoor, March 30th, 1860: His Excellency the Viceroy and Governor-General has been pleased to confer on Janojee Bhonsla, the adopted son of the widow of the late Ruler of Nagpore, the title of ' Raja Bahadur of Deoor,' in the district of Sat- tara, in recognition of the loyal conduct of the family during the rebellion, and of the faithful attachment of the late Banka Baee to the British Government." A REJOINDER AS TO NAGPORE. 45 having recognised this young Prince as the head of the Bhonsla family, and having at last permitted him to succeed to the ancient estates, it was useless to call him ' the widow's son' with no os- tensible father. If he be correctly described as f the adopted son of the widow of the late Euler of Nagpore,' then he is the son of the late Euler also, unless we are to assail the honour of this lady, and that without any great refinement or subtlety of allusion. By the Hindoo law the ceremony of adoption severs the relationship between Janojee and his ' natural father,' the widow's late hus- band taking the place of the latter. An unmarried woman can- not adopt a son, nor can any woman but a widow ; and the child is not adopted to remove the reproach of barrenness from her, but its spiritual evils from her deceased husband. Vasishtha says : ' A son given is the child not of his adoptive mother, but of his adoptive father.' (Colebrooke's Digest, vol. iii, p. 254.) The adopted son of the Rajah's widow is, by Hindoo law, either the Rajah's son and heir, or else he represents the most degrading species of illegitimacy, which would completely disqualify him from succeeding to the family estates, and which most certainly Lord Canning never intended to impute to Rajah Janojee Bhonsla. There stands the dilemma, quite unassailable by any weapon in the Calcutta Foreign Office, or in any store-house of Hindoo law ; and there it will remain a moral, legal and political paradox until, as I hope, obliterated for ever by a royal restitution.* * Empire in India, p. 225, 226. CHAPTER V. OUDB. THE Duke of Argyll, "having been a member of the Cabinet which decided on the Annexation of Oude, and decided, too, not only on the doing of it, but substantially on the manner in which it shall be done," expresses astonishment at "the ignorant injustice with which, on account of this transaction, the memory of Lord Dalhousie has been assailed."* He complains of that "popular im- pression which ascribes the annexation of Oude to the special policy of Lord Dalhousie," who, according to him, " not only deprecated annexation, but deprecated even the direct or forcible assumption of the Government of Oude."f Sir Charles Jackson in the same manner declares that " Lord Dalhousie's advice with respect to Oude was not followed ;" that "he is not, in fact, responsible for the annexation of that Province;"} that "he was, in fact, opposed to the annexation of Oude ;" and " that his part in the transaction was the last sacrifice which he made on the altar of duty." So lately as the 28th of December, 1867, an article in the Spectator, on "the Lucknow Durbar," written, if I am not much mistaken, by a former Editor of the Calcutta Friend of India, asserts that the Cabinet of which Lord Canning was a member, " decided on overriding Lord Dalhousie's proposal to sequestrate Oude, and carrying out the annexation;" and that "Lord Canning was the statesman really responsible for the annexation of Oude." And Mr. J. C. Marshman, another former Editor of the Friend of India, in his"recently published History, speaks of " the Court of Directors, the Board of Control, and the * India under Dalhousie and Canning, Preface, f Ibid., p. 15. t A Vindication, p. 117. Ibid.,p. 157. OUDE. 47 Cabinet, having come to the unanimous determination to overrule the advice of Lord Dalhousie."* Lord Dalhousie is represented as acting in this instance under orders which he loyally and submissively carried out, against his own expressed opinion. This is a very inadequate and inaccurate representation of what really occurred. The Cabinet and the Court of Directors, who were certainly not " unanimous," did not " overrule Lord Dalhousie's advice," nor " override his proposal." He was left at full liberty to carry out his own project, if he chose. Lord Dalhousie's repugnance to the absolute annexation of Oude, and to the immediate and forcible assumption of its Government, a repugnance which he managed to overcome, was directed merely against certain forms and phrases, and cannot relieve him of the least responsibility for a measure which he prompted and brought to pass, and which is justly ascribed to his " special policy." The difference of opinion between Lord Dalhousie and his Councillors can be very briefly described. Down to the despatch from the Governor-General to the Court of Directors, dated the 22nd August, 1855, the only plan for the reform of Oude which had been recommended in India and approved by the Home authorities, was that of temporary management, with a view to the ultimate re- storation of purely native rule.f During Lord Dalhousie's tenure of office the ideas of the Supreme Council under- went a complete change. In 1855, Sattara, Jhansi, and Nagpore having been annexed, the mediatised Principalities of Tanjore and the Carnatic having been extinguished, the Governor-General and his advisers unanimously agreed that the evils of Oude were incurable by any other means than the permanent assumption by the British Govern- ment of the entire administration of that country. They differed only as to the ostensible process for attaining that necessary consummation. J The Members of Council, Mr. Dorin, Mr. Grant, General Low, and Mr. Peacock,|| all suggested, with * History of India, (Longman and Co.) vol. iii, p. 427. t See paragraph 29 of Mr. Grant's Minute, Oude Papers, 1856, p. 210, and p. 191 and 233. % Oude Papers, 1856, p. 233. Now Sir J. P. Grant, K.C.B., Governor of Jamaica. || Now Sir Barnes Peacock, Chief Justice of the High Court of Bengal. 48 CHAPTER V. slight variance in their pleadings and in the details of the settlement proposed, that a new treaty should be sub- mitted for the King of Glide's acceptance, vesting all administrative powers in the hands of the British Govern- ment, reserving a certain income for the royal family ; and that in the event of the King's refusal to consent to these terms, the former Treaties should be declared at an end, and the territories of Gude at once forcibly incorporated with the dominions of the Honourable Company. The Governor-General desired to take a less direct course, one that would be " more in conformity to inter- national law," as he understood it, and " therefore, less liable to criticism or cavil, and less open to the attack of those who might be expected to condemn and oppose the measure."* He recommended that a Treaty such as was proposed by his colleagues, should be placed before the King ; that if he rejected it, no coercive steps should be taken, but all relations with the Court of Oude should be broken off, the Resident and troops be withdrawn from Luck- now, the Treaties proclaimed to be null and void and British protection to have ceased. He believed that the King would shrink from the consequences of being left face to face with his turbulent vassals and subjects ; but that if he resolved on braving them, the capital would be pillaged within a month, and the King, " to save himself, would be glad to agree to whatever engagements might be offered him by the British Government, "t Lord Dalhousie, in advising the withdrawal of British protection, had his eye on another possible solution of the problem. Although the King might choose to trust to his own resources, and might even succeed in maintaining his personal safety amid scenes of anarchy and confusion, " the security of British territories and the interests of their inhabitants might be put in danger by the state of the neighbouring Province of Oude" In that case the British Government would be compelled to "interpose in His Majesty's affairs" and, of course, entitled to exact and enforce its own inevitable conditions. J In the Duke of Argyll's words, " It was by our troops that the Native * Oude Papers, 1856, p. 299. t Ibid., p. 300. I Ibid., 1856, p. 188, and p. 221, 222. CUBE. 49 Government was maintained. Experience had proved that it could not stand without them. If the troops were withdrawn the Government would fall, or would be com- pelled to seek for our help again, in which case we could impose our own terms."* The Duke pronounces also that " the veriest formalist must admit our right to do what Lord Dalhousie recom- mended, which was simply to withdraw our troops, declaring the treaty of 1801 to be at an end. He was induced to recommend this, because he thought the result would be the same."f From Lord Dalhousie's language it might be sup- posed that the principles of action for which he and Mr. J. P. Grant respectively contended, were perfectly irreconcileable. " So entirely," he writes, " did I dissent from the view taken by my honourable colleague, and so erroneous did it seem to me, that if unfortunately it had found favour with the Honourable Court, I must have declined to take part in the establishment or enforcement of any policy which might have been founded upon it."J Yet after a few paragraphs he adds : " I have never affected to conceal my conviction that this measure" his own plan of withdrawing our protection, " would lead to precisely the same result as the more peremptory course advised by others, but with some intervening delay. " Thus the formal moderation of the procedure designed by Lord Dalhousie, and contrasted by him with " the un- necessarily harsh" measures of the Councillors, || amounted to nothing more than the polite invitation addressed by the landlord to the barn-door fowls, when he asked them whether they would prefer being boiled or roasted. The only dispute between the Governor-General and his col- leagues was as to the particular sauce with w^hich the fat capon of Oude was to be cooked. And after a little more unmeaning prudery, the Governor-General ended by using the very sauce compounded by his colleagues, against which he had expressed such insuperable objections. He thus concludes that part of his Minute of 13th February, 1856 : " Having regard, therefore, to the several opinions * India under Dalhousie and Canning, p. 19. f Ibid., p. 19. $ Oude Papers, 1856, p. 298, 299. Ibid., p. 299. || Ibid., p. 298. E 50 CHAPTER V. and circumstances which have just been mentioned, I resolved to forego my own preferences, and in dealing with Oude, to adopt the more peremptory course which had been advocated by my colleagues, and which was manifestly more acceptable to the Honourable Court." 4 The Duke of Argyll's comment on this passage is remark- ably just : " Without prolonging controversy on points of principle, but protesting against the doctrine laid down by Mr. Grant, lie yet agreed to a course which was logically defensible on no other principle than that which Mr. Grant main tamed, "*j" The Duke of Argyll says : " It is a curious fact that Lord Dalhousie alone had scruples even in respect to any forcible seizure of the Government. "J The result shows what those scruples were worth. His own words prove that his real anxiety was to avert " criticism and cavil," and " the attacks of those who might be expected to con- demn and oppose the measure. " He objected to " a line of political action which was likely to create a keener opposition, and to call forth severer comment. "|| All he wanted was a plausible pretext for "the forcible seizure" of Oude. In order to obtain such a plausible pretext as he thought would suffice, he did not scruple to advise the withdrawal of that protection which was promised to the Kings of Oude by a series of treaties, and for which they had "paid such a price," as General Low said, "as no other native ruler ever did.'^f I may be more be- nighted than the " veriest formalist" despised by the Duke of Argyll, but this policy seems to me to have been detest- able. Lord Dalhousie did not scruple to recommend a course which, according to his own expectations, would have led to an immediate insurrection, would have en- dangered the King's life, and would have given up the great city of Lucknow to pillage.** Then, when the anti- cipated rebellion and anarchy had either induced the King to beg for our armed intervention, or had " threat- ened the peace of our own provinces," he would no longer * Oude Papers, 1856, p. 300. f India under Dalhousie and Canning, p. 21. J India under Dalhousie and Canning, p. 19. Ante, p. Oude Papers, 1856, p. 299. f Ibid., 1858, p. 19. ** Ibid., 1856, p. 299, 300. OUDE. 51 have any objection to the forcible seizure of the country, to " a very prompt and summary settlement of the Oude question."* Such were Lord Dalhousie's scruples ! That Lord Dalhousie had scruples and misgivings as to the annexation of Oude, and as to several other annex- ations, cannot be doubted. That he so easily overcame those scruples, and smothered those misgivings, is his great opprobrium as a statesman. Sir Charles Jackson says : " He always entertained a great distaste for the subject. I remember a conversation with him in 1852, in which he stated he had been pressed to take the country (by whom he did not say), and that he felt averse to such a measure. I cannot trust my memory to state the precise nature of his objections at that time."t Sir Charles Jackson erroneously states, and the same strange mistake is made by the other apologists, that Lord Dalhousie's scheme of withdrawal from Oude, was " disallowed""^ and that he was " obliged to abandon" it, by the Court of Directors' despatch of the 21st November, 1855. It was not so. In this despatch, characterised by Sir Charles Jackson as "a specimen of the art of writing important instructions so as to avoid responsibility," || and by the Duke as " nominally from the Court of Directors, really from the Ministers of the Crown,"^[ some appre- hension was indicated that the scheme might fail, but the Directors declined to " express any opinion on the prin- ciples laid down by the several Members of Council," and authorised the Governor-General to "carry out his first suggestion," if he " should feel warranted in doing so." They were decided as to the necessity of assuming the government of Oude ; but they left " all questions of detail to the wisdom of the Governor-General," abstaining "from fettering his Lordship's discretion by any further instructions," " whichever mode of attaining the indis- pensable result may be resolved on."** Lord Dalhousie was left completely at liberty to adhere to his original plan, if he thought it likely to be success- ful. The Directors themselves considered the Governor- * Oude Papers, 300. t A Vindication, p. 130, note. J Ibid., p. 153. Ibid., p. 150. || Ibid., p. 144. IF India under Dalhousie and Canning, p. 21. ** Oude Papers, 1856, p. 235, 236. E 2 52 CHAPTER V. General's plan to have " an advantage over the others," inasmuch as it " included the King as a consenting party to the measure," and was " intended to show more tender- ness to the feelings of a family, who, whatever may have been their offences towards their own subjects, have not been unfaithful to the British Government."* After the exposition already given of the true nature and object of this measure, I need hardly say that I can see no traces of any such tenderness. Indeed, since under the more "harsh" and "peremptory" course that was actually pursued, the King was offered the option of signing a Treaty, if he chose, and thus becoming " a consenting party," there was really no distinction between the two measures. Lord Dalhousie's so-called scruples, really more un- scrupulous than the open violence ultimately adopted, receive the severest condemnation from the Duke of Argyll, in spite of himself, when he terms the plan of withdrawal "an indirect measure of compulsion ;"t and when he says that "Lord Dalhousie probably overstated his own opinion" in saying that " it would not be right to endeavour to extract" the King's " consent by means of menace or compulsion. "J Lord Dalhousie certainly over- stated his own opinion ; his whole plan of action was based on menace and compulsion under the flimsiest disguise ; even this disguise was to be thrown off, if he could pro- voke anything like a plausible pretext for forcible inter- position ; and it was thrown off as soon as he had secured the support of the Cabinet and the Board of Directors. These scruples never operated beyond the walls of the Council chamber ; produced nothing but a few incon- sistent and contradictory paragraphs ; and avowedly aimed at nothing but disarming hostile criticism. Yet on the strength of these ephemeral scruples, Sir Charles Jackson denies Lord Dalhousie's responsibility ; and the Duke of Argyll charges with "ignorant injustice" all those who ascribe the annexation of Oude to the Governor-General who compassed it, who planned it, and who carried it out. * Oude Papers, 1856, p. 235. t India under Dalhousie and Canning, p. 21. J Ibid., p. 20. OUDE. 53 That Lord Dalhousie from the first compassed and planned the annexation of Oude as his special policy, "though with some intervening delay,"* is manifest from two main expedients in the process originally designed by him, to both of which he adhered throughout. The first of these was the imposition of a new Treaty, restricting the inheritance to the lineal male descendants of the reigning King, " born in lawful wedlock""^ a restriction hitherto unheard of, and unwarranted by Mahomedan law. This novel restriction was deliberately introduced by Lord Dalhousie. "It will be seen," he writes, "that the succession was limited to the children born in lawful wedlock, and was not extended to collateral heirs. "J By thus excluding collateral heirs, many living persons and their offspring, the King's brother and all descendants of former Sovereigns, were cut out of the line of succes- sion, and the probabilities of what would be called " a lapse," when merely the title and a stipend were left, multiplied enormously. The second expedient was the repudiation of the Treaty of 1837, a Treaty regularly concluded and ratified, brought into operation, never called in question before Lord Dalhousie's time, and actually quoted as a valid Treaty in 1847 by his immediate predecessor, Lord Har- dinge, who threatened the King of Oude that its provi- sions should be enforced. Full powers of management and reform were given by the Treaty of 1837. But when the assumption of the Government of Oude began to be a practical and urgent question in 1854, it was perceived by the Governor- General that two Articles (VII and VIII) in this Treaty, providing for the ultimate restoration of native rule, and for the intermediate payment of all surplus receipts into the King's Treasury, would deprive the British manage- ment of a permanent and profitable character. Therefore Lord Dalhousie (of course without alluding to these strong Inducements), proposed that this Treaty, although officially published as a valid engagement, should be declared null and void by the perverted interpretation of a secret letter from the Court of Directors in 1838. * Ante, p. 49. t Oude Papers, 1858, p. 252. t Ibid., 1856, 302. 54 CHAPTER V. The Duke of Argyll says : " It is not true that we derived advantage from the non-ratification of the Treaty of 1837. On the contrary, Lord Dalhousie would have been delighted to proceed under it, if it had been in force. It gave him all he wanted, a right to seize the govern- ment. The King, however, was offered a better position than that Treaty would have secured to him/'* All this is very erroneous. The Treaty of 1837 did not give Lord Dalhousie " all he wanted." It did not give him the sur- plus revenues of Oude, to be disposed of, as he pleased, for Imperial purposes, but compelled him to account for them to the State of Oude. It did, indeed, give him " a right to seize the government," but only for a temporary object, and bound him "to maintain the native institu- tions and forms of administration, so as to facilitate the restoration of those territories to the Sovereign of Oude."t Lord Dalhousie would certainly not "have been delighted to proceed" under those conditions. The King was not " offered a better position than that Treaty would have secured to him." He was offered a fixed stipend, and an empty title, hampered as an inherit- ance by novel restrictions, with no prospect for him or his descendants, of reinstatement in the functions of royalty. Lord Dalhousie's plea for not assuming the management under the Treaty of 1837, was that the Treaty had been " cancelled" by the Home Authorities. The fact is, that the Secret Committee of the Court of Directors disapproved of the increased burden of providing an Auxiliary Force, imposed upon Oude by the new Treaty, and desired that the King should be " exonerated from these obligations." But they added in their despatch to Lord Auckland, " Although we thus convey to you our directions for the abrogation of the Treaty, we leave it discretional with your Lordship to adapt your measures to the state of cir- cumstances as may be found to exist when you receive this letter" and they recommend that the communication to the King should be made, "as an act of grace from your Lordship hi Council, rather than as the consequence of the receipt of a public and unconditional instruction from * India under Dalhousie and Canning, p. 110 (foot-note.) t Collection of Treaties, 1864, Calcutta, vol. ii, p. 177. OUDE. 55 England." They continue thus : " Your Lordship in Council, therefore, is authorised to exercise the largest discretion as to the mode of carrying our wishes into effect in respect to the Treaty; but" here is the important point, " the order of the Court of Directors is positive, and strictly to be enforced, to discontinue the preparations which may have been made for the organisation of the Auxiliary Force"* Their only positive objection, their only strict order, was directed against the new Force im- posed as a burden on the Finances of Oude. But they used the word " abrogation" and Lord Dalhousie fastened upon that. Lord Auckland, with the advice of his Councillors, General Morrison and Mr. Robertson, decided on merely signifying to the King of Oude that he was relieved from the military expenses imposed by the Treaty of 1837 ; and they came to this decision on the express grounds of the difficulty under the Treaty of 1801 "of enforcing its con- ditions," of the " solemn, recorded, and effectual warning contained" in the new Treaty of 1837, and of the power obtained by it to " assume the administration as a remedy for gross misrule, "t The last words of Lord Auckland's Minute of the 2nd of May, 1839, the last that he penned before addressing the King on the subject, contain an expression of his entire agreement in the opinion of his colleague Mr. Robertson, that "if the independence of Oude endure much longer, it will be mainly in consequence of this very provision," for the assumption of the adminis- tration in case of misrule. "J The Government of India in 1839, did not consider or intend the new Treaty to be annulled, but simply, as they told the King, that the Articles imposing a pecuniary charge upon him would not be any longer enforced, that he would have to pay no more for the military force which, in Lord Auckland's words, had been "partly raised under that Treaty" and that the British Government would " defray the expense of the portion of it already organised. " * Oude Papers, 1858, p. 37, 38. t Minutes by Lord Auckland, Colonel Morrison, and Mr. Robertson : Oude Papers, 1858, p. 38, 43, 59. J Oude Papers, 1858, p. 59. Ibid , 1858, p. CO. 56 CHAPTER V. Lord Dalhousie, in laying the train for the meditated annexation of Oude, said that "pledges upon the non- ratification of the Treaty were given to Parliament."* I know not to what Lord Dalhousie, or Lord Auckland, whom he is quoting, can allude, except to the conversa- tion that took place in the House of Lords on the 6th of August, 1838, in the course of which " Lord Ellenborough said that to assert that there was no Treaty in existence because it had not been ratified at home, was not a correct representation of the fact. The Treaty was ratified by the Governor- General, and certainly might be acted on." " The Marquis of Lansdowne said that he had now distinctly to state that not only did his noble friend at the head of the Government of India, immediately on being informed of this Treaty, express his disapprobation of the manner in which the promise had been drawn from the Sovereign of Oude, but he also caused it to be intimated in the most explicit manner to that Prince, that he was in no degree bound by the promise to sign such a Treaty, and entirely relieved from any stipulations or con- ditions it imposed."t Whether Lord Lansdowne's statement constituted a " pledge" or not, matters very little ; for it was founded on an error. No such intimation had then been made, or was ever made, to the Sovereign of Oude, as Lord Lans- downe supposed. The noble Lord at the head of the Government of India, Lord Auckland, did indeed express some slight disapprobation of the " superfluous" promise extracted from the King,J but he did not disapprove of the Treaty; it was entirely his own idea and his own work; he framed its conditions himself; he persistently argued with the Court of Directors for the maintenance of every item. The King was not told " in the most explicit man- ner," or in any manner, that he was " entirely relieved from its conditions," but merely that he was relieved from the additional Subsidy for troops. Lord Auckland attri- buted no efficacy to the so-called Parliamentary pledge ; he spoke of it as an awkward difficulty, but still pursued his own course ; and his letter to the King of Oude, speak- ing of the Treaty as still in existence, was written a year later than Lord Lansdowne's speech. * Oude Papers, 1858, pp. 65 & 51. t Hansard, 3rd series, vol. xliv, p. 1006. I Oude Papers, 1858, pp. 7, 8, 9, 12, 13, 22, 23. OUDE. 57 Lord Ellenborougli was, of course, perfectly correct in his view of the situation. The Treaty concluded in 1837 was not, and could not be cancelled by a " secret letter" in 1838, or by any amount of conversation in the House of Lords. The Treaty of 1837 was officially published in a volume of Treaties, by authority of the Court of Directors in 1845, and reprinted as a return to the House of Lords in 1853. There is a note appended to the Treaty of 1837 in this printed Volume, which tells us what was thought of this Treaty at the India House so late as the 24th June 1853. It is as follows : " The Home Government disapproved of that part of the Treaty which imposed on the Oude State the expense of the Auxiliary Force, and on July 8th, 1839, the King was informed that he was relieved from the cost of maintaining the Auxiliary Force,, which the British Government had taken upon itself."* Mr. Kaye, in the first volume of his excellent History of the Sepoy War, puts forth, once more, the official version of these transactions, and calls the Treaty of 1837 "an abortion." He also mentions that the following Return was made to Parliament under the signature of the Secre- tary to the Board of Control : " There has been no Treaty concluded with the present King of Oude which has been ratified by the Court of Directors, with the approbation of the Commissioners for the affairs of India." " India Board, July 3rd, 1838. (Signed) R. GORDON." It must have been on the strength of this document, fortified by some overstated verbal information, that the Marquis of Lansdowne made his erroneous statement. The literal purport of the Return true, so far as it goes, by no means amounts to a declaration that the Treaty, which it does not name, is null and void ; nor, had it con- tained such a declaration, could it have had the effect of annulling the Treaty, any more than the "secret letter" of the Court of Directors, or the erroneous "pledge" given by Lord Lansdowne, neither of which was communicated to the King of Oude. The King was expressly informed in Lord Auckland's letter of the 8th of July, 1839, -just a * Return to the House of Lords, No. 251, 1853, p. 91. 58 CHAPTER V. year after the Return to Parliament on which Mr. Kaye relies, that "the Court of Directors " n\ consideration of the " embarrassments which might be occasioned to the State of Oude by the annual payment of sixteen lakhs of rupees to the support of the military force," had empowered the Governor-General "to relieve the State of Oude from all that is onerous in the conditions respecting this force."* This notification, that the King was relieved by the Court of Directors from some of the conditions, is equivalent to a confirmation by the Court of Directors, of the remaining conditions, had any such confirmation been required. Bat immemorial custom, and innumerable precedents, and the terms of this particular Treaty, do not give a hint or show a trace of the necessity for such confirmation. The Gover- nor-General had at least the powers of a Plenipotentiary. He had full power to conclude Treaties, and the final ex- change of ratified copies made the Treaty binding upon both parties. Sir Charles Jackson says: "The Court of Directors re- fused to ratify this Treaty, "j" They were never asked or expected to do so. They have never ratified any Treaties. In the six Volumes of Treaties published by authority at Calcutta in 1864', there is not one Treaty bearing the ratification of the Court of Directors. This Treaty of 1837 is attested in exactly the same style as all the pre- ceding Treaties with the Government of Oude : " Ratified by the Governor General of India in Council,, at Fort William in Bengal, this eighteenth day of September, One Thou- sand, Eight Hundred and Thirty Seven. (Signed) W. H. MACNAGHTEN, Secretary to the Government of India." J Even in the case, which clearly did not occur, of a timely and open rejection of this Treaty by the Court of Directors, such a Treaty, concluded with every formality between the Governor- General of India and the Sovereign of Oude signed, and sealed, and ratified, could not have been can- celled by the Home Authorities without the knowledge and consent of the Sovereign of Oude ; without, in fact, a fresh negotiation with that express object. * Oude Papers, 1858, p. 60. t A Vindication, p. 124. I Collection of Treaties, 1864, vol. ii, p. 177. OUDE. 59 Such a fresh negotiation could have been opened with- out any difficulty or embarrassment by the Governor- General, if the Home Authorities had insisted on their or- ders being fully carried out. But there is nothing in the Papers of 1 858 to show that they adhered to their original resolution after Lord Auckland's last remonstrance. The latest paper in that part of the collection is the Governor- General's letter to the Secret Committee dated July 1 5th, 1839, in which he forwards copies of his letter, of the 8th idem, to the King of Oude, apprising him simply of his being relieved from the military charges recently imposed.* Lord Dalhousie's Minute of the 14th August, 1854, con- taining a precis of the correspondence in this matter, is so unfortunately arranged that no one could gather from it that Lord Auckland's letter of the 15th July, 1839, for- warding a copy of his letter to the King, was later in date than any of the other documents quoted, and a year later than the supposed "pledge" in the House of Lords. He has thrown it back, without any date, to a place in his narrative immediately after the Secret Committee's first letter of disapproval, dated April 10th, 1838. Then, on the top of these, he piles extracts from the despatches of the Secret Committee down to llth July, 1839, in order to prove that they " did not recede from these sentiments," thus conveying an impression that they had repeatedly disapproved of the letter to the King of Oude, which they had not seen when those dispatches were written, and which was never disapproved at all. Lord Dalhousie vainly endeavours also to show that Lord Auckland knew the treaty was null and void. "In pursuance of the discretion thus left to him, the Governor General in Council intimated to the King of Oude the abandon- ment of only a part of the Treaty, but in his recorded Minute he recognised the full abrogation of the entire instrument. He said, f the Court has disapproved the Treaty. We are ordered to ex- onerate the King of Oude from its obligations/ And in the same Minute the Governor General stated that the disallowance of the Treaty had been made known to Parliament. He said, f l find the view taken by the Court to be publicly declared. I find pledges upon the non-ratification of Treaty given to Parliament .'"f * Oude Papers, 1858, p. 60. f Oude Papers, 1858, p. 66. 60 CHAPTER V. There is nothing in these words to show that Lord Auckland " recognised the full abrogation" of the Treaty. He mentions the Court's disapproval, and the public decla- ration in Parliament, as constituting "a situation of much difficulty," but far from considering the Directors' orders as final and irrevocable, he determines again to bring this "question of such extended and vital interest, in all its bearings, under the deliberate review of the Home Autho- rities"* His Council coincided with him. Mr. Robert- son, in a Minute dated 9th January, 1839, is "disposed to hope that by a relaxation of the terms of the existing Treaty with Oude, the authorities in England may be reconciled to a measure which cannot now be cancelled without the most serious inconvenience."^ General Morri- son, on the 28th January, 1839, writes : " Notwithstand- ing the public avowal made in England of dissatisfaction with the Treaty of September 1837, I would yet main- tain its provisions, in the hope that the orders for abandon- ing the Treaty may be revoked." + How then could Lord Dalhousie persuade himself that the Governor-General in Council at this time "recognised the full abrogation of the entire document" ? He was exerting himself to the utmost to uphold it ; and four months later, although another adverse dispatch had arrived in the interval, Lord Auckland professes " his un- altered adherence to the principles on which the Treaty of September 1837 was originally negotiated," and again " leaves the case for the further directions of the Home Government."^ After that Minute had been sent off, but before it could have been considered at home, another letter arrived from the Court of Directors, dated 15th April, 1839, repeating their " disallowance of the Treaty," and desiring "the restoration of our relations with the State of Oude to the footing on which they previously stood." At the same time all their specific objections were aimed against the Auxiliary Force being made a charge upon the revenues of Oude ; and they permit their decision to be announced * Oude Papers, 1858, p. 51, 52. t Ibid., 1858, p. 53. t Ibid., 1858, p. 56. ' Ibid., 1858, p. 58, 59. OUDE. 61 to the King, " in such manner as the Governor-General may think fa."* As it was now impossible any longer to delay informing the Oude Government that it was relieved from the new pecuniary burden, Lord Auckland immediately wrote his letter of the 8th July, 1839, to the King of Oude. This letter was carefully worded so as to avoid suggesting to the King of Oude that he might hope to escape from that liability to the direct management of his country, for which the new Treaty provided. It was written entirely in the spirit of that part of Lord Auckland's last Minute on the subject, dated 2nd May, 1839, to which no reply had then been received from the Court of Directors, in which he refers to the unanimous support of the Members of Council " in regard to the second branch of the Treaty, that which provides for the assumption of the administra- tion as a remedy for gross misrule""^ How Lord Auckland's letter and enclosure of the 15th July, 1839, were treated by the Home Authorities, we have no means of learning from the printed Papers. If their comments were quite condemnatory, I think we should have found them among the Papers of 1858. No condemnation behind the scenes, however, could, as al- ready shown, have cancelled the Treaty. If, on the other hand, the receipt of the despatch and the copy of the letter to the King, was acknowledged with a simple ex- pression of approval, or was silently passed over with no renewal of their adverse orders, then the proceedings of the Government of India were, expressly or tacitly, approved and confirmed. From no mention being made in any of Lord Dalhousie's Minutes or despatches of any reply by the Court of Direc- tors, to Lord Auckland's last letter, we have the right to presume that no fault was found with it. In such a case, according to common sense as well as official custom, silence gives consent. His proceedings were allowed to stand. Thus, while it is quite clear and certain that the Home Authorities did not openly reject the Treaty of 1837, it is * Oude Papers, 1858, p. 57. f Ibid., 1858, p. 59. 62 CHAPTER V. almost equally clear and certain that, after the relaxation of certain conditions, they finally accepted and approved it. Whether they did or did not, the notion of the Treaty having been annulled or made of no effect, by virtue of their confidential strictures, is utterly vain and totally inadmissible. Lord Broughton, who as Sir John Cam Hobhouse had been President of the Board of Control when the Treaty of 1837 was concluded, when the supposed pledges were given in the House of Lords, and when the Return cited by Mr. Kaye was made to Parliament,* gives his testi- mony in the following words : " My impression certainly is that the Treaty of 1837 was ratified by Government at home, after the disallowance referred to : the whole Treaty was not disallowed, but only one portion of it."f No one in India, at Lucknow, or at Calcutta, ever doubted the validity and binding force of this Treaty, until Lord Dalhousie found that it stood in the way of his scheme of appropriating all the revenues of Oude. Sir Henry Lawrence, writing in the Calcutta Review in 1845, describes the conclusion of the Treaty of 1837, observes that the Court of Directors " very properly dis- approved" of the measure by which the King was to have been saddled with the expense of an Auxiliary Force, and that, in reliance on his Majesty's good intentions, "Govern- ment overlooked the glaring mismanagement still existing in parts of Oude, and did not act on the permission given ~by the new Treaty '."J And he adds subsequently: "No one can deny that we are now authorised by Treaty to as- sume the management." General Sir William Sleeman, who was for six years Re- sident at Lucknow, alludes, in two letters written in 1852 and 1854, to the "ample authority" conferred by "the Treaty of 1837."|| The Blue Book of 1856 contains an ex- tract from one of Sir William Sleeman's despatches, quoted in one of Lord Dalhousie's Minutes, in which he gives it as his opinion that "our Government cannot any longer for- * Ante, p. 57. t Beveridge's History of India, (Blackie, 1866) vol. iii, p. 548. % Essays, (published by Allen) 1859, p. 126. Ibid., p. 131. || Sleemarfs Journey through Oude, vol. ii, p. 377, and 419. OUDE. 63 bear to exercise to the fullest extent the powers which the Treaty of 1837 confers upon it." * And in a long Memorandum of advice and remonstrance addressed by Lord Hardinge to the King of Oude in 1847, his Lordship distinctly threatens to enforce the stipulations of the Treaty of 1837.1 Lord Dalhousie, in the 1st, 18th, and 71st paragraphs of his principal Minute on the Oude question, refers to the solemn warning offered to the King by his immediate predecessor, Lord Hardinge, in 1847, that if the abuses of his Majesty's administration were not reformed "he would force the British Government to interfere by assum- ing the government of Oude,"J but he nowhere gives the slightest hint that this warning and this threat were based upon the Treaty of 1837. Even in his later Minute of January 15th, 1856, although he anticipated the probability of great "embarrassment," if the King should appeal to the Treaty of 1837, and de- sired the Resident to "meet it full in the face" by declaring that Treaty nuh 1 and void, he does not seem to have con- templated the greatest possible embarrassment of all, that of the King producing Lord Hardinge's recognition of that Treaty. The Duke of Argyll, adhering to his avowed principles of political criticism, following Lord Dalhousie, and viewing the facts in the light in which his friend stated them, 1 1 relates Lord Hardinge's warning, but knows nothing of his threat to enforce the Treaty of 1837.^1 Sir Charles Jackson says that Lord Hardinge "cited the Treaty of 1837 as if it were still in force,"** but seems to consider this quite an insignificant circumstance, deserving no com- ment and calling for no explanation. Yet Lord Hardinge's citation was full and his intention not open to doubt. He quotes the whole of Article vii of the Treaty, providing for the assumption of the manage- ment of Oude in the event of "gross and systematic mis- rule," and he adds : "I allude to the Treaty of 1837 as confirming the original Treaty of 1801, and not only giving the British Government the right to * Oude Papers, 1856, p. 166. f H>id., 1858, p. 62. t Ibid., 1856, p. 148, 156, and 187. Ibid., 1856, p. 239. || Ante, p. 6. 1 India under Dalhousie and Canning, p. 13. ** A Vindication, p. 126. 64 CHAPTER V. interfere, but declaring it to be the intention of the Government to interfere, if necessary, for the purpose of securing good govern- ment in Oude."* Lord Hardinge's plan was precisely that recommended by Sir William Sleeman and Sir Henry Lawrence, which the Duke of Argyll has entirely misunderstood. It was the same plan that Lord William Bentinck proposed, and was authorised by the Court of Directors to undertake, that of temporary management, with a view to effectual reform of the native institutions and the ultimate resto- ration of a purely native government. Lord William Bentinck, in his Report of 1 1th July, 1831, says : " I thought it right to declare to his Majesty, that the opinion v I should offer to the Home Authorities would be that, unless a de- cided reform in the administration should take place, there would be no remedy left except in the direct assumption of the manage- ment of the Oude territories by the British Government." "It may be asked of me, and when you have assumed the management, how is it to be conducted, and how long retained ? I should answer, that acting in the character of guardian and trustee, we ought to frame an administration entirely native, an administration so composed as to individuals, and so established upon the best principles, revenue and judicial, as should best serve for immediate improvement, and as a model for future imitation : the only European part of it should be the functionary by whom it should be superintended, and it should only be retained till a complete reform might be brought about, and a guarantee for its continuance obtained, either in the improved character of the reigning Prince, or, if incorrigible, in the substitution of his im- mediate heir, or in default of such substitute from nonage or in- capacity, by the nomination of one of the family as Regent, the whole of the revenue being paid into the Oude treasury."! Lord Hardinge, in his Memorandum of 1847, reminds the King of Lord William Bentinck's conferences with his Majesty's predecessor, and informs him that in the year 1834 the Court of Directors had sanctioned the adminis- tration of Oude being assumed by Lord William Bentinck. He exhorts the King to procrastinate no longer in com- * Sleemari's Journey through Oude, vol. ii, p. 202 ; Oude Papers, 1856, p. 62. The version of Lord Hardinge's Memorandum in the Blue Book is not so intelligible as that given by Sir William Sleeman, and contains some manifest inaccuracies. I quote, therefore, from the latter. f Sir Henry Lawrence's Essays, p. 123 ; see also Oude Papers, 1856, p. 155. OUDE. 65 mencing decisive reforms, so as to avoid the necessity of direct and open interference. He declares that the British Government desires to "perform its obligations to the people without setting the sovereign authority aside, or changing the native institutions of the State."* And as an example of what had been done, and a pledge of our disinterested objects, he adduces the precedent of Nagpore. " The Nagpore State, after having been restored to order by a British administration of the land revenue, is now carried on under native management, with due regard to the rights of the Prince, and the contentment of the people." f " If European agency should be required, in the first instance in assisting your Majesty's officers in making a just settlement, and in the next for securing the conditions made, by frequent visits throughout the districts to check abuses by personal in- quiries, such assistance will be afforded by the British Govern- ment, with your Majesty's concurrence. "J During the first six years of the vice-royalty of Lord Hardinge's successor, Lord Dalhousie, the two successive Residents at Lucknow, Colonel Richmond and Colonel (afterwards General Sir William) Sleeman, looked in vain to Calcutta for guidance and support in carrying out pro- jects of reform. Whatever may be said in the published Papers as to "admonitions" and "remonstrances/' it is a positive fact that no plan for improving the administration of Oude was ever countenanced. Some extensive reforms proposed in concert by the native Minister and the British Resident at Lucknow, Colonel Richmond, and approved by Mr. Thomason, Lieutenant-Governor of Agra, whose advice was asked in 1848, were absolutely discouraged and de- feated by the Calcutta Foreign Office. The Bengal Civilians did not want to give assistance, they wanted to take possession ; they conscientiously disbelieved in the efficacy of native efforts, and looked upon partial inno- vations as mere waste of time, delaying the harvest of patronage and deteriorating the crop. Oude, therefore, having been spared and neglected for twenty years, was at last absorbed by Lord Dalhousie, on the pretext of dis- orders in its government, which were all removable, and * Oude Papers, 1858, p. 63. f nid , 1858, pp. 63, 64. % Ibid., 1858, p. 64. Dacoitee in Excelsis (Taylor, 54 Chancery Lane, 1856), p. 102 to 108. F 66 CHAPTER V. which might have been easily remedied without aimex- 'ation, if there had been any wish to preserve the separate existence of that friendly and faithful State. But there was no such wish. Sir William Sleeman incessantly urged decisive action, at first recommending that all the authority and influence of the British Government should be used to promote the formation of a strong native administration ; and latterly advising that the Treaty of 1 837 should be openly enforced. During the year 1849, just as the two years of probation allowed by Lord Hardinge were expired, he forwarded to the Governor-General his plan for a Board of Regency, undertook to direct and superintend their operations with one additional Assistant and three clerks, and pledged his great reputation for the success of the experiment. "Things would go on like marriage bells.* The judicial courts would be well conducted while the presiding officers felt secure in their tenure of office." " The police would soon become efficient under the supervision and control of respectable revenue officers." t( Oude ought to be, and would be under such a system a garden ; the soil is the finest in India, so are the men ; and there is no want of an educated class for civil office : on the contrary, they abound almost as much as the class of soldiers/'f " The Board, composed of the first members of the Lucknow aristocracy, would be, I think, both popular and efficient; and with the aid of a few of the ablest of the native judicial and revenue officers of our own districts, invited to Oude by the prospect of higher pay and secu- rity in the tenure of office, would soon have at work a machinery capable of securing to all their rights, and enforcing from all their duties, in every part of this at present distracted country. We should soon have good roads throughout the Kingdom ; and both they and the rivers would soon be as secure as in our own pro- vinces. I think, too, that I might venture to promise that all would be effected without violence or disturbance ; all would see that everything was done for the benefit of an oppressed people, and in good faith towards the reigning family." J " I think the King will consent without much difficulty or reluctance to dele- gate his powers to a Eegency, but I am somewhat afraid that he will object to its being composed of members of his own family. I shall, I daresay, be able to get over this difficulty ; and it will be desirable to employ the best members of the family in order to show the people of Oude, and of India generally, that the object * Sleemarfs Oude, vol. i, p. Iviii. f Ibid., vol. i, p. Ixiv. % Ibid., vol. i., p. Ixxvi. OUDE. 67 of our Government is an honest and benevolent one."* " I have mentioned in my private letter to Sir H. M. Elliot,, three persons of high character for the Regency. Two of them are brothers of the King's father. The third, and best, may be considered as in all respects the first man in Oude. Mohsin-ood-Dowlah is the grandson of King Ghazee-ood-Deen ; his wife is the sister of the King's father ; and his only son has been lately united in marriage to the present King's daughter. He and his wife have large hereditary incomes, under the guaranty of our Government, and his character for good sense, prudence and integrity, stands higher, I believe, than that of any other man in Oude."t ' ' The members of such a Board as I propose, invested with full powers, and secured in office under our guaranty during good con- duct, would go fearlessly to work/'J ' ' I should persuade the members to draw from the elite of their own creed in our service to aid in forming and carrying out the new system in their several departments. We can give them- ex- cellent men in the revenue and judicial branches. "The whole family are most anxious that the King should resign the reins into abler hands, and would, I feel assured, hail the arrangement I have proposed as a blessing to them and the country. All seems ripe for the change, and I hope the Governor- General will consent to its being proposed soon."|| Before September and October 1849, when these letters were written to the Governor-General and the Foreign Secretary, the Punjaub had been annexed ; all were busily engaged in organising the new Province. Sattara, the first taste of blood in the previous year, only whetted the pro- fessional appetite ; it had now become insatiable. The last idea likely to find favour at Calcutta was the recon- struction of a Native State. Nothing, therefore, was done, or authorised to be done, in consequence of General Sleeman's repeated applications, continued up to 1854. His correspondence proves that he latterly began to doubt the upright intentions of those who ruled the hour. At last he wrote as follows in a private letter to a friend : ' ' Lord Dalhousie and I have different views, I fear. If he wishes anything that I do not think right and honest, I resign, and leave it to be done by others. I desire a strict adherence to solemn engagements, whether made with white faces or black. We have no right to annex or confiscate Oude ; we have a right under the Treaty of 1837, to take the management of it, but not to appro- * Sleeman's Oude, vol. i, p. Ixxvi. t Hid., vol. i, p. Ixvii. % Ibid., vol. i, pp. Ixi, Ixii. Ibid., p. Ixxv. || Ibid., p. Ixxiv. F 2 68 CHAPTER V. priate its revenues to ourselves. We can do this with honour to our Government and benefit to the people. To confiscate would be dishonest and dishonourable. To annex would be to give the people a Government almost as bad as their own, if we put our screw upon them/''* There is a touch of respectful yet reproachful irony in the following passage from what seems to have been his last letter to Lord Dalhousie, it is dated llth September, 1854, gravely reminding him that when now about to leave the Residency, after representing the Government of India at Lucknow for six years, he was still unfurnished with instructions, still unacquainted with the Govemor- General's plans or wishes. " Proofs enough of bad government and neglected duties were given in my Diary. The duty of remedying the evils, and carry- ing out your Lordship' s views in Oude, whatever they may be, must now devolve on another ."f Thus up to the period of Lord Dalhousie's arrival in India, no scheme had been proposed for the reform of Oude except that of temporary management. Lord Dal- housie's immediate predecessor repeated that same pro- posal, and held out, as an extreme measure, the enforce- ment of the Treaty of 1837, under which all surplus revenues were to be paid into the local treasury, existing institutions maintained, and the restoration of native government facilitated, with such modifications and im- provements as might be considered advisable. J Lord Dalhousie protested against temporary manage- ment ; insisted on appropriating the surplus revenues for British purposes ; in order to secure these two points, re- pudiated the Treaty of 1837, so recently invoked by his predecessor; and deliberately planned to bring about a scene of insurrection and pillage as a pretext for sweeping away every vestige of native government. The Duke of Argyll, however, declaims against "the ignorant injustice" of those who ascribe the annexation of Oude to "the special policy of Lord Dalhousie." It was in every point of view his special policy. It was in the pursuance of a systematic and settled object, in * Sleeman's Oude, vol. i, pp. xxi, xxii. f Ibid., vol. ii, p. 423. \ Articles vii and viii of the Treaty, Oude Papers, 1858, p. 33. OUDE. 69 obedience to a principle, such as it was, that Lord Dal- housie avoided the temporary management of Oude. That principle was that if the British Government undertook "the responsibility, the labour, and the risk," of recon- structing and reforming a native State, it ought, " after providing for the pensioned dynasty, for the administra- tion of the Province, and for its progressive improvement," to be allowed to appropriate the surplus revenue to Impe- rial purposes.* The double delusion, false morally, and practically falsified, that the British Government was not bound to interfere for the reform of a protected State, unless the interference could be made financially profitable to itself ; and that the conversion of protected States into British Provinces would be financially profitable, runs through all the arguments for the successive annexations, from Sattara to Oude. No doubt Lord Dalhousie had persuaded himself that the temporary management of Oude was not attainable, and, if attainable, would not be effectual for permanent reform. With the fixed purpose of absolute acquisition before him, he was very easily persuaded, and attacked the plan of temporary management by arguments and illustrations of transparent futility. He adduced the two experiments of Hyderabad, under Sir Charles Metcalfe, and of Nagpore, under Sir Richard Jenkins, as instances of the total failure of temporary management ; t whereas, if* properly examined, they are seen to be instances of marked success, checked only by the sudden relaxation and sub- sequent neglect, for which our Government was solely responsible. After detailing the good results of the re- forming measures in the Hyderabad country, he says : " But the arrangement was temporary : its fruits, there- fore, were transitory and disappointing. No sooner had the present Sovereign assumed the reins of government, than he set aside the system introduced by Sir Charles Metcalfe, and caused everything to revert to its former course. "J Did then Lord Dalhousie, who had so recently put forth the vast influence of the British Government, to coerce the Nizam of Hyderabad into consigning his most fertile Provinces, yielding a quarter of his revenue, to * Oude Papers, 1856, p. 190. t Ibid., pp. 186, 187. I Ibid., 1856, p. 186. 70 CHAPTEE V. British management, really think that the same vast in- fluence would have been uselessly or unjustly put forth, to maintain British management, and pursue the incom- plete reforms, at the commencement of the same Prince's reign ? The promptitude with which the Government of India in 1829 acceded to the request of the Nizam that the English Superintendents should be withdrawn from his districts, is, as I observed in a previous publication, " but one instance of the utter indifference of the Calcutta officials to the internal and independent reforms of a Native Principality."* Another objection to temporary management seemed, in Lord Dalhousie's eyes, to be final and fatal. It was provided in the Treaty of 1801 that the King's adminis- tration should be " carried on by his own officers. " j" Lord Dalhousie professed to see in this provision of the Treaty " an insurmountable barrier to the employment of British officers, " J without whose aid a thorough reformation was impracticable. This barrier to the employment of British officers, was never, before Lord Dalhousie's time, felt or supposed to be insurmountable, or anything more than a difficulty to be overcome. Lord William Bentinck in 1831 was pre- pared to enter on the task of reforming Oude, under the Treaty of 1801, and the Court of Directors sanctioned its commencement. Colonel Low, the Resident at Lucknow, writes as fol- lows to the Foreign Secretary at Calcutta, while the Treaty of 1837 was under consideration : " In the whole of the correspondence, both from the Home authorities and in this country, all parties seemed formerly to have agreed that not one rupee of the revenues of Oude ought to be appropriated by the British Government beyond the expenses of managing the territory, if we should conceive it necessary to undertake its management by British /y JJM officers. II Lord Auckland, in a letter to the Court of Directors of the 9th February, 1839, refers to "the strong orders * The Mysore Reversion, (2nd Edition) p. 219, and see also pp. 232, 233. t Article vi, Collection of Treaties, 1864, vol. ii, p. 125. t Oude Papers, 1854, p. 183. Ibid., 1856, p. 155. || Ibid., 1858, p. 18. OUDE. 71 already received from the Honourable Court, and still un- executed, which would have warranted a temporary occu- pation of the country l>y British officers, for correction of the crying abuses that existed."* Lord Hardinge in 1847, exhorting the King to initiate an improved system, without delay, so as to save himself from the penalties of the Treaty of 1837 at the end of two years of probation, offered, as we have seen, to lend him the services of English officers to superintend the good work.f Above all, at the very time when Lord Dalhousie was professing to see in the Treaty of 1801 "an insurmount- able barrier" to the employment of British officers in the administration of Oude, several British officers were actu- ally so employed, appointed by the Governor-General himself, and directed by the Resident, though paid by the Oude Government. "After such a lamentable picture of the internal Police of Oude," writes Colonel Outram, the Resident, to Lord Dalhousie, " it is satisfactory to turn to the Frontier Police, the only efficient public establish- ment maintained under the Oude Government ; but that it is so efficiently maintained is to be attributed to its being placed under British officers independent of the Durbar, and under the immediate control of the Resident. The Oude Frontier Police was originally established in January, 1845, to the extent of 500 Sepoys and 100 horsemen, which force was subsequently augmented by his present Majesty to the total strength of 750 Sepoys and 150 horsemen." He adds, " it has been most efficient and successful. "J The same means would have made all the other public establishments equally efficient. If there had been any difficulty in the terms of the Treaty of 1801, the King's consent would have removed it ; and Lord Dalhousie, who had already seen that difficulty overcome in the case of the Frontier Police, and who hoped to obtain the King's consent to a Treaty of mediatisation, could hardly have doubted that his Majesty's consent would be more easily procured to the employment of a few more English officers. * Oude Papers, 1858, p. 42. t Ante, p. 65. % Oude Papers, 1856, pp. 31, 32. 72 CHAPTER V. But this was one of Lord Dalhousie's "scruples"; this was one of his "misgivings" ; this was one of his tender mercies. He could not "compel the fulfilment of the Treaty of 1801 by force of arms," on account of " its pecu- liar provisions."* But he had no objection to declare the Treaty null and void, that is to say, to violate it him- self by withdrawing the troops stationed in Oude in accordance with that Treaty, to abandon the country to anarchy and the capital to pillage, and to re-enter with a large army, to dethrone the King and annex his dominions. O t/ * O Nor is it so difficult as might be supposed, to account for these inconsistencies and contradictions. Lord Dalhousie did not wish to reform Oude ; it was his special policy to annex it. Reform, whether enforced by the Treaty of 1801 or that of 1837, whether carried out by the Resident and his Assistants with a native agency, or by a larger number of British officers, would have spoiled every chance of annexing Oude. Therefore the Treaty of 1837 was repudiated; therefore Sir William Sleeman's proposals were coldly and silently received. It was in obedience, as I said before, to a sort of prin- ciple that Lord Dalhousie objected to projects of reform, and aimed steadily at annexation. This principle was made applicable by him not only to the case of Oude, but to every case of a Native State that seemed to provoke interference, or to He at his mercy. One of his avowed reasons for deciding to annex the Punjaub, after the re- bellion of 1849, instead of continuing to give the promised " aid and assistance in the administration of the Lahore State during the minority of the Maharajah Dhuleep Sing,"f was that "we should have all the labour, all the anxiety, all the responsibility, which would attach to the territories if they were actually made our own ; while we should not reap the corresponding benefits of increase of revenue, and acknowledged possession." J In the same manner he recommended the annexation of the Rajpoot State of Kerowlee by refusing to recognise an adoption, because we should otherwise " for many years to come have to bear the labour of governing this State, * Oude Papers, 1856, pp. 183, and 299. t Collection of Treaties, Calcutta, 1864, vol. ii, p. 267. j Punjaub Papers, 1849, p. 663. OUDE. 7:> employing, always at inconvenience, a British officer for the purpose/' and at the end of the young Prince's minor- ity have to " hand over the country with its revenue of four lacks of rupees."* And' when in 1851 he was urged by General J. S. Fraser, the able and accomplished Resident at Hyderabad, with all the weight of many years' experience in that important post, to undertake effectual measures for reforming the administration of the Nizam's Dominions, Lord Dalhousie positively declined. The Resident had suggested this policy " on many recent occasions/' for the first time, as we learn from another source, in February 1850,f a year before the Governor-General took any notice of it. General Fraser pointed out that the assignment of several Provinces for the payment of the Contingent Force, demanded at that time by our Government, would augment the Nizam's financial difficulties, and was a measure " providing for our own interests only, not for those of the country at large, either as regards its Sovereign or its inhabitants. " J Lord Dalhousie recorded his entire disapproval of the Resident's policy. " If," he said, " provision be made for carrying it actively and practically into operation, all the toil of a laborious task, and all its real responsibility, must ever fall on the British agent, l>y whom the native ministry is con- trolled. The agent, on his part, while he reaps no ad- vantage from his labours for his own State, must feel himself to be without undivided authority." It is true that Lord Dalhousie, on this occasion, pro- nounced a general reprobation upon suggestions such as those made by General Fraser, declaring them to proceed, " in too many instances, not from sentiments of enlarged benevolence, but from the promptings of ambitious greed." " Quis tulerit Gracclios de seditione querentes V He advanced as his first and main objection to the proposal, that it was unauthorised by Treaty, that the Nizam's " consent would never be voluntarily given, and that, if obtained at all, it would be extorted only by the open exercise of a power which he feels he could not resist, * Papers, Kerowlee, 1855, p. 9. f Our Faithful Ally, the Nizam, by Cap- tain Hastings Eraser, (Smith and Elder, 1865,) p. 268. % Papers, the Nizam, 1854, p. 15. Ibid., 1854, p. 38. 74 CHAPTER V. or by the fear that we should proceed to some such extreme."* What respect can we pay to these scruples, these tender mercies, when at this very time the Governor- General was engaged in extorting from the Nizam by the fear of the military power which he felt he could not resist, the surrender of his fairest Provinces to British management ? In the very Minute containing these pre- cious misgivings, the Resident is instructed to demand the transfer of the Provinces, and " to meet any remon- strances or solicitations which his Highness may make for another reference," by declaring that the Governor-Gene- ral's " determination is fixed irrevocably." If his High- ness " should refuse compliance, or should fail to complete the arrangements which are requisite," the Resident will then state " whether he will require any troops, in addi- tion to the Subsidiary and Contingent Forces, for the purpose of enforcing the determination that has been an- nounced." j" Thus Lord Dalhousie's scrupulosity prevented him from using the enormous influence of the British Government to introduce improvements into the Nizam's administra- tion, because what he called "a system of subversive interference" was "unwelcome alike to people and to Prince," and because the Treaty declared his Highness to be " absolute. "J But at this very time he was endeavouring to introduce, and eventually carried out, by menace and coercion, " a system of subversive interference" over one quarter of that Prince's dominions. He would not employ judicious pressure for the benefit of the State and people of Hyderabad ; but he would use any amount of pressure to extort payment and security for a most questionable balance of debt. He would not take effectual steps for correcting the administrative abuses of Oude, out of regard for the "peculiar provisions" of a Treaty; but he was * Papers, the Nizam, 1854, p. 38 t Ibid., 1854, pp. 34, 35. I Ibid., 1854, pp. 38 and 36. Colonel Davidson, Resident at Hyderabad in 1860, writes to the Govern- ment of India : " Had the pecuniary demands of the two Governments been impartially dealt with, we had no just claim against the Nizam," "In 1853 we had little or no pecuniary claim against the Nizam." Papers, the Decca?i, 338 of 1887, p. 27. OUDE. 75 prepared to annul all Treaties, and to make a general clearance of all ties and obligations by the withdrawal of our troops and Resident, with the certainty, as he believed, of insurrection and anarchy, and the consequently acquired right of invasion and conquest. It is true that in the Oude case he would have been satisfied for the present with the exclusive administration and entire possession of the revenues, after paying the King's stipend, with the prospect of an early annexation by " lapse," under the new Treaty restricting the succes- sion to the lineal male descendants of the Prince actually on the throne.* But he evidently preferred his own plan, and worked himself into the strange notion that it was more in accordance with " established law and custom," and less open to hostile criticism, than " the more peremp- tory course," as he called it, favoured by his colleagues, to which he had, nevertheless, consented. Even in his last Minute, written after possession had been taken, he recurs with regret to his original scheme, and " finds no weight in the objections" made to it. j" In dealing with the alleged debt and disorganisation of the Nizam's Government, Lord Dalhousie's aim and object can be shewn to be identical with those which he set before himself in the case of Oude. When repelling General Eraser's suggestions that he should interpose as Guide, Teacher, and Protector, he evidently looked for- ward to some future opportunity of interposing as Dictator and Master. He fixed his eyes on that same delightful vision of disorder, bloodshed and anarchy in the dependent State, inviting its total absorption, a vision which, equally in both cases, would be dispelled for ever by " unwelcome" measures of reform. The following passages from Lord Dalhousie's Minute on Hyderabad affairs, dated May 27th, 1851, in which he repudiates General Eraser's policy, will show his own intentions and wishes with sufficient clear- ness. " Whatever may be the tenor of his Highnesses administration, it cannot be said as yet to have materially affected the security of any portion of British territory, or to have damaged the interests of British subjects." * Ante, p. 53. t Oude Papers, 1856, pp. 290, 300. 76 CHAPTER V. (f So long as the alleged evils of his Highnesses Government are confined within his own limits, and affect only his own subjects, the Government of India must observe religiously the obligations of its own good faith."* " If, indeed, the effect of his Highnesses misgovernment should be felt beyond his own bounds ; if the safety of our territory should be placed in doubt, or the interests of our subjects in jeopardy if recent insults to British subjects and soldiers within his Highnesses territory should occur with increasing frequency, I shall not be satisfied, as on some past occasions, with the punish- ment of individual offenders ; I shall probably feel myself called upon in such case to require the adoption of such stronger mea- sures as shall effectually put a stop to outrages which, unless they are repressed, cannot fail to lower the estimation in which our power is held by Native States, and in some degree to tarnish the honour of our name." " It may be that every effort we can make will be insufficient to avert the crash which the recklessness and apathy and obstinacy of the Nizam are all tending to produce ; it may be that the Govern- ment of India may, after all, be compelled to that direct interference in his Highnesses affairs which it still most earnest]y desires to avoid. If ever that time should come, the officer who may then be entrusted with the charge of the Indian Empire, will doubtless be prepared to act as the circumstances of the times, and as his duty to his country may seem to him to require. But he will then be enabled to act with confidence, strengthened by the con- sciousness that the Government of India has long laboured to the utmost, though in vain, to avert from the Nizam the fate which will then have overtaken him"-\ There can be little doubt as to what that fate was in- tended to be, and would have been, if anything like the expected " crash" had occurred while Lord Dalhousie pre- sided over India. Nor can any one fail to see that Lord Dalhousie's special policy towards the Nizam in spite of all the intolerable verbiage with which, as usual, he wrapped it up, was simply that of his giving his Highness " rope enough" Just as he declared the " consent" of the King of Oude to be " indispensable to the transfer of any part of his sovereign authority, J and that he was entitled to carry on his administration by "his own officers, "the " peculiar provisions" of the Treaty of 1801 forming " an in * This is an unfortunate specimen of Lord Dalhousie's style. The " obliga- tions of good faith" are, apparently, not to be observed when the evils of the Nizam's misgovernment pass beyond his own limits. t Papers, the Nizam,,\9>b, pp. 38-40. % Para. 70, p. 187, Oude Papers, 1856. OUDE. 77 surmountable barrier" to the introduction of an improved system,* so, for the nonce, the Nizam was exalted into " an independent Power,"*)" " absolute," and exempt by Treaty from " interference in his internal affairs. "J And these scruples arose, with regard to Hyderabad, while he was en- deavouring to deprive the Nizam of a large portion of his dominions. It is quite clear that he would force no " un- welcome measure of reform" upon either of those States, when such measures were suggested by Sir William Slee- man and General Fraser, because he did not wish for their reform, but rather for some catastrophe that might lead to their fall or screen their extirpation. The Duke of Argyll completely misconceives the policy of those who, like Lord William Bentinck, Lord Hardinge, Sir Henry Lawrence, and Sir William Sleeman, were op- posed to annexation but bent upon reform. He endeavours to show that their doctrines were quite as arbitrary as those approved by him, less consistent and less efficacious amounting, in his words, to "annexation without the avowal of the name." The acquisitive process of his school requiring, as we have seen, that all Treaties should, by hook or by crook inverted commas or fabricated lapse- be annihilated, he completely overlooks the vast power of interference and supervision placed in our hands by these Treaties, which, if firmly exercised in good time, could have prevented or cured all misgovernment without des- troying the Native State. Lord Dalhousie, in order to shake off the obligations of guidance and protection, dearly bought by the dependent Principality of Oude, declared the Treaty of 1837 to be an abortion, and the Treaty of 1801 to have been violated and made null and void by the King's misrule. Sir Henry Lawrence and Sir William Sleeman upheld both those Treaties, and censured the neglect of our Government in not enforcing them for the good of the people of Oude. The Duke of Argyll believes that the best authorities on International Law, would give " some name harsher than annexation" to the course in respect to Oude favoured * Ante, p. 70. t Para. 34, p. 37, Papers, the Nizam, 1854 t Para. 27 and 36, p. 36 and 38, Papers, the Nizam, 1854. India under Dalhousie and Canning, p. 18. 78 CHAPTEE V. by Sir Henry Lawrence. " The notion," says the Duke, "that the Rulers of Oudehad any sovereign rights, on ac- count of Which we were bound not to interfere with their authority, is scouted by Sir Henry Lawrence with indig- nation."* Of course that notion was scouted by Sir Henry Lawrence, who recognised the Treaty of 1837, and wished to see it brought into operation. Even under the Treaty of 1801 we were entitled to interfere with the King's authority, since he was bound by Article VI, "al- ways to advise with and act in conformity to the counsel of the Honourable Company's officers."^ This was quite suffi- cient warrant for the effectual reformation of Oude, if we had determined to undertake it. Sir Henry Lawrence's indignation was directed against our neglect and delay in fulfilling our bounden duty. He certainly recognised the sovereign rights of the Rulers of Oude, but not as rights of irresponsible and uncontrollable despotism. On the con- trary, he saw that the sovereignty and authority of the King were most effectually and beneficially controlled and limited by the Treaties, if we only chose to apply them properly. Sir Henry Lawrence recommended that if the personal reformation of a Prince were rendered hopeless by a "career of vice and contumacy," he should " be set aside and re- placed by the nearest of kin who gives better promise." This passage seems to shock the Duke terribly : it implies, according to him, " that the British Government has abso- lute power, not only over the administration, but over the succession to the throne of Native States. "J And who doubts that absolute power ? Does the Duke of Argyll doubt it ? Certainly I do not. " The consciousness of our own responsibility for the maladministration maintained by our bayonets," of which the Duke speaks in another part of his Essay, has undoubtedly weighed more or less upon all Englishmen engaged in the government of India, as it has upon his Grace. He is quite right so far. We cannot get rid of that responsibility. Having undertaken by our system of military protection, paid for by subsidies or ces- * India under Dalhousie and Canning, p. 16. t Collection of Treaties, 1864, vol. ii, p. 125. J India under Dalhousie and Canning, p. 17. Ibid., p. 12. OUDE. 79 sions, to forbid rivalry and to suppress rebellion, despotism in India is no longer "tempered by assassination." Not even a palace revolution is allowed without our concur- rence. Time and circumstances have, in fact, reserved for us the revolutionary power as an Imperial prerogative, and we must not hesitate to use it on an emergency. The often recurring problem, never, I believe, insoluble, is how to use it with discretion and impartiality, whether we interfere to settle a disputed or doubtful inheritance, or to depose a contumacious or incompetent Prince. No ques- tion of this sort should ever be decided, no irrevocable step taken, without consulting those most conversant with local affairs, those most nearly interested in the welfare of the reigning family, and the stability of the commonwealth. There is no reason why anyone holding the opinions of Sir Henry Lawrence or Sir William Sleeman, should shrink from altering a succession, or deposing a reigning Sove- reign. The deposition of a King, however rare an inci- dent, is not always to be stigmatised as revolutionary, or even as irregular. A Sovereign's abdication is seldom the result of his own free will. But there is nothing in it re- pugnant to the constitutional law of any country. Indeed the voluntary or forced abdication of a reigning Prince, the renunciation or exclusion of an heir apparent, have been, and obviously must be sometimes, essential conditions of prosperity and success under a monarchical form of govern- ment. And such a necessity is more likely to arise, the more the nature of the Government approaches a despotism, the more it depends for its working on the personal cha- racter and abilities of the Sovereign. The misrule of Oude was so flagrant as to call for our intervention. General Sleeman thought the King should be removed from the throne on account of mental incapacity. " His Majesty is hypochondriac,, and frequently under the in- fluence of the absurd delusions common to such persons ; but he is quite sane during long intervals, and on all subjects not con- nected with such delusions."* " The King cannot be considered to be in a sound state of mind."t " The members of the family, who have its interests most at heart, are becoming anxious for some change." f * Sleeman 's Oude, vol. i, p. liv. t Ibid-, vol. i, p. Ixix. J Ibid., vol. i, p. Ixxii. 80 CHAPTER V. " No part of the people of Oude are more anxious for the inter- position of our Government than the members of the royal family. * * * The King is a crazy imbecile/'* Sir Henry Lawrence had arrived at the same opinion. There was a crying necessity for the King's removal. In consequence of our military protection and acknowledged supremacy, this could only be performed by our hands. It is at this point that the views of Lord Dalhousie and the Duke of Argyll on the one hand, and those of Sir Wil- liam Sleeman and Sir Henry Lawrence on the other, com- pletely diverge. All are agreed that an incompetent Prince is the great obstacle to good government. All are agreed that his removal is necessary. They differ as to the ob- ject and effect of his removal. The school of annexation would sweep away with the King the whole fabric of local self-government, dismiss the whole tribe of native digni- taries and superior officials, and replace them by English gentlemen. The reforming school would maintain all ex- isting arrangements as far as possible intact ; would intro- duce very few English officers ; and even if the King's executive power were to be entirely suspended for a time, would uphold his sovereignty as the best pledge and safe- guard for the separate integrity of the State and the ulti- mate reconstruction of a purely native administration. The Treaty of 1837, under which Sir Henry Lawrence and Sir William Sleeman proposed to act, expressly pro- mised "to maintain, with such improvements as they may admit of, the native institutions and forms of administra- tion within the assumed territories, so as to facilitate the restoration of those territories to the Sovereign of Oude, when the proper period for such restoration shall arrive, "f Lord William Bentinck in 1831 proposed to form "an administration entirely native, the only European part of which should be the functionary by whom it should be superintended. " J In 1847 Lord Hardinge assured the King that the British Government desired u to perform its obligations to the people without setting the sovereign authority aside, or changing the native institutions of the State. " * Sleeman s Oude, vol. ii, p. 369. t Collection of Treaties, Calcutta, 1864, vol. ii, p. 177. % Ante, p. 64. Ante, p. fir>. OUDE. 81 Sir Henry Lawrence attributes the misgovernment of Oude in a great measure to that crying evil, "the want of any recognised system of policy in our negotiations with the Lucknow Court," so that everything was "mere guess- work and experiment," and there was no possibility of harmony between the King, the Minister, and the Resi- dent. "Our great error," he says, "has been our inter- ference in trifles, while we stood aloof when important questions were at issue."* " This interference has been more in favour of men than of measures, "t " If an able Minister was appointed or encouraged by the British Government, he was, as a matter of course, suspected and thwarted by his master ; if the King did happen to employ an honest servant, the power of the latter was null unless he had the Resident's support ."J " Among her Ministers have been as able individuals as are usually to be found in the East." " The result is before our eyes ; the remedy is also in our hands. Let the management be assumed under some such rules as those which were laid down by Lord W. Bentinck. Let the administration of the country, as far as possible, be native. Let not a rupee come into the Company's coffers." \\ In the explanation of his plan he provided for only five English Superintendents, under the Resident "as Minister, not only in fact but in name."^! " Our plan involves the employment of every present Oude offi- cial, willing to remain, and able to perform the duties that would be required of him." " It would be desirable to retain the services of one or two respectable men, to assist the Resident, and form with him a Court of Appeal from the Superintendent's decrees."** Nor did he ever deviate from these opinions. Five years after the annexation of the Punjaub, in June, 1854, he wrote as foUows, in a private letter to Mr. Kaye : " Our remedy for gross misgovernment was given in my article on Oude in the Calcutta Review nine years ago, to take the man- agement temporarily or permanently. We have no right to rob a man because he spends his money badly, or even because he ill- treats his peasantry. We may protect and help the latter without putting the rents into our own pockets."ff * Essays, p. 129. f Ibid., p. 63. J Ibid., p. 129. Ibid., p. 128. || Ibid., pp. 131, 132. 1 Ibid., 132. ** Ibid., p. 135. ft Kaye's Lives of Indian Officers, vol. ii, p. 310. G 82 CHAPTER V. Above all it is worthy of remark that Sir Henry Law- rence, no mere theorist, but one of the ablest administrators in India, who would willingly have undertaken the task he was then sketching out, proposed that the assessment of the land-tax should be fixed for the whole country, and distributed among the five districts, " as far as possible by the people themselves," " in a great assembly of the people."* Sir William Sleeman declared that in Oude there was " no want of an educated class for civil office ; on the con- trary they abound almost as much as the class of soldiers. " j" By their means, " with the aid of a few of the ablest of the native judicial and revenue officers of our own districts, invited to Oude by the prospect of higher pay," J he in- tended to carry out his projects of reform, if Lord Dal- housie would have sanctioned and supported them. The administrative abuses of Oude and the demoralisa- tion of all its establishments were greatly aggravated during the six years of Lord Dalhousie's masterly neglect, which, following immediately on Lord Hardinge's two years of probation, seemed to hold out a prolonged lease of power to the vile advisers of an imbecile King. Before Sir William Sleeman left Lucknow, he had become con- vinced that the correction of abuses and inauguration of a new system were no longer within the capacity of a Board of Regency, and that stronger measures must be taken. " Our Government," he wrote on the 5th March, 1854, to Colonel Low, who as Resident had negotiated the Treaty of 1837, "would be fully authorised at any time to enforce the penalty prescribed in your Treaty of 1837, and it incurs great odium and obloquy for not en- forcing it." 1 1 He found that he would require the aid of some English officers. He wrote to Lord Dalhousie, " I shall not propose any native gentlemen for the higher offices," meaning, no doubt, those originally intended for the Board of Regency, " but it will be necessary to have a great many in the subordinate ones, to show that your Lordship wishes to open employment in ah 1 branches of the new administration to educated native gentlemen."^} * Essays, pp. 132, 133. f Ante, p. 66. J Ante, p. 66. Now General Sir John Low, K.C.B. || Sleeman's Oude, vol. ii, p. 419. 1" Ibid., vol. ii, p. 355. OUDE. 83 He recommended that "all establishments, military, civil, and fiscal, be kept entirely separate from those of our own Government, that there may be no mistake as to the disinterestedness of our intentions towards Oude."* He declared that " by adopting a simple system of admi- nistration, to meet the wishes of a simple people, we should secure the goodwill of all classes of society."f And in his last letter to Lord Dalhousie, he said, "There are many honest men at Lucknow. But no honest man can obtain or retain office under Government with the present Minister and heads of departments. "J Yet the Duke of Argyll declares that Sir William Slee- man's plan was " annexation without the avowal of the name"; and that to Sir Henry Lawrence's plan "some name harsher than annexation," ought to be applied. || On another point the Duke completely misunderstands, and consequently misrepresents, Sir William Sleeman and Sir Henry Lawrence. He says, " they had a strange theory that though the King had no indefeasible title to any part of the Kingly power, he had an indefeasible title to the whole of the Kingly revenues, that the whole revenue over and above the costs of administration was absolutely due to the King of Oude : that is to say, it was legitimate to seize the Government in the interests of the people, but it was not legitimate to administer for the benefit of the people the revenues of the State, "^f And he complains that, according to their doctrine, " the whole surplus was to go where it had gone before, to be spent on the pageants and buffooneries and dancing-girls of Lucknow !"** This is a very great mistake. Neither Sir Henry Law- rence nor Sir William Sleeman ever proposed that the surplus revenue should be paid to the King. Both of them intended that the King should receive an annual income fixed at the discretion of the British trustee. In order to prove that in Sir Henry Lawrence's opinion " it was not legitimate to administer for the benefit of the people the revenues of the State," and that all the surplus, * Sleeman '* Oude, vol. ii, p. 380. f IMd-, vol. ii, p. 381. J Ibid., vol. ii, p. 423. India under Dalhousie and Canning, p. 18. || Ibid., p. 16. 1 Ihid., p. 18. ** Ibid., p. 19. G 2 84 CHAPTER V. after defraying the actual costs of administration, should be handed over to the King, the Duke quotes a sentence from Sir Henry Lawrence's Essay on Oude : " Let not a rupee come into the Company's coffers."* Sir Henry Lawrence's real meaning will be easily understood when the sentence is restored to its place between two other short sentences not quoted by the Duke of Argyll. The whole passage will then stand as follows : " Let the administra- tion of the country, as far as possible, be native. Let not a rupee come into the Company's coffers. Let Oude be at last governed, not for one man, the King, but for him and his people"^ that is to say, for the State of Oude. In another place he says, "We have not been guiltless : in repenting of the past, let us look honestly to the future. For once let us remember the people, the gentles, the nobles, the royal family ; and not legislate merely for the King/' J It is strange that the Duke of Argyll should have also completely misunderstood Sir William Sleeman. "We have a right," the latter said, "under the Treaty of 1837, to take the management of Oude, but not to appropriate its revenues to ourselves." As late as September, 1852, he tried, but in vain, to sound Lord Dalhousie on this very point. " I believe that it is your Lordship' s wish that the whole of the revenues of Oude should be expended for the benefit of the royal family and people of Oude, and that the British Government should disclaim any wish to derive any pecuniary advantages from assuming to itself the administration." || " Were we to take advantage of the occasion to annex or con- fiscate Oude, or any part of it, our good name in India would in- evitably suffer ; and that good name is more valuable to us than a dozen of Oudes." ' ' Annexation or confiscation is not compatible with our relations with this little dependent State. We must show ourselves high- minded, and above taking advantage of its prostrate weakness, by appropriating its revenues exclusively to the benefit of the people and royal family of Oude. "If When Lord William Bentinck said that " the whole of the revenue should be paid into the Oude Treasury,"** he * India under Dalhousie and Canning, p. 19. t Sir Henry Lawrences Essays, p. 132. % Ibid., p. 136. Ante, p. || Sleemarfs Oude, vol. ii, p. 372. f Ibid., vol. ii, pp. 378, 379. ** Ante, p. 64. OUDE. 85 did not say that it should be paid into the King's Privy Purse. Nor can "the King's Treasury/' mentioned in Article VIII of the Treaty of 1837, be held to signify the King's Privy Purse. The distinction between the two Treasuries ^ is quite well understood all over India; and wherever it has been imperfectly observed in practice, could be established by our influence in any Native State on the first convenient opportunity. Far from wishing to give all the surplus to the King, or to provide him with the means of unlimited extravagance, Sir William Slee- man suggested an annual sum for the Eoyal Household of fifteen lakhs of rupees (150,000),* three lakhs less than that offered to the King by Lord Dalhousie, eighteen lakhs (180,000), besides one lakh (10,000) to the Queen Mother, on* condition of his signing the draft treaty of 1856. t Sir Henry Lawrence, indeed, proposed to give the King a larger income. " Twenty, thirty, or even fifty lakhs per annum might, as the revenues increased, be allowed. He should be furnished to his heart's content with silver sticks, "J and so forth. The magnitude of the highest sum here mentioned, fifty lakhs, 500,000, more than a third of the gross revenue, is sufficient to show that it is not to be taken literally, but only to express forcibly his opinion that if matters could be smoothed and simpli- fied by a liberal allowance to the King, the exact sum ought to form no difficulty in the settlement. Sir Henry Lawrence was merely writing an article in the Calcutta Review, with no official responsibility to give precision to his language. Had he been Resident at Lucknow he would certainly not have recommended a larger income for the King than Sir William Sleeman did. These two distinguished officers had no weak tenderness for the King's "pageants and buffooneries." They com- plained that in consequence of our neglect the country was governed too much " for one man, the King," and in- sisted that for the future it should be governed "for the * Sleeman' s Oude, vol. ii, p. 381. t Oude Papers, 1856, pp. 242, 291. Lord Dalhousie observed that, according to Sir William Sleeman, about twelve lakhs, (120,000) was all that the King " was usually able to obtain" for his own Household. Oude Papers, p. 302. J Essays, p. 136. 86 CHAPTER V. people, the nobles, the gentles, and the royal family, and not merely for the King."* The Duke of Argyll says they considered it " not legitimate to administer the reve- nues of the State for the benefit of the people, "t That would have been " a strange theory" indeed ; but the Duke alone is responsible for its conception. Nothing of the sort can be found in the writings of Sir William Slee- man or Sir Henry Lawrence. They evinced no reluctance to expend the revenues of Oude for the benefit of the people. They sketched out schemes of roads and other public works that would have transformed the face of the country. Sir Henry Lawrence proposed to commence operations with a loan of a million sterling, to be paid off in ten or fifteen years, J so that there would have been little or no surplus for anyone during that period. But the Duke of Argyll may still object that although these two eminent men did not, perhaps, exactly intend to throw all the surplus revenues into the King's hands, "to be spent on the pageants, buffooneries, and dancing- girls of Lucknow," they certainly intended that all the revenues of Oude should be spent within its limits, that the surplus should not belong to the British Government of India. If his Grace had restrained his rhetoric within those bounds, his statement would have been perfectly accurate, and several pages of my rejoinder might have been spared. When Sir Henry Lawrence and Sir William Sleeman said that " the administration should, as far as possible, be native"; that "not a rupee" should " come into the Company's coffers"; that we had no right "to appropriate its revenues to ourselves," and that they "should be expended for the benefit of the royal family and people of Oude," they undoubtedly intended to ex- clude our Government from any claim upon the surplus revenues, and to restrain the nepotism of Calcutta within moderate bounds. Until the growing mania for territorial extension arrived at its climax under the fostering care and encouragement of Lord Dalhousie, it was generally acknowledged that the resources of Oude had already been sufficiently drained by monstrous subsidies, extorted * Ante, p. 84. f Ante, p. 83. % Essays, p. 135. OUDE. 87 cessions, and forced loans,* and that no further demands for Imperial purposes ought to be made upon its Treasury. When the Treaty of 1837 was under consideration, the Articles imposing an annual burden of sixteen lakhs of rupees upon Oude for a new Auxiliary Force, were opposed upon these grounds by two members of the Supreme Council, Mr. Ross and Mr. Shakespear. Both of them observed that in return for the great cession of territory in 1801, we had declared in the 1st Article of the Treaty of that year that the Nawab was " relieved from the obli- gation of defraying the expenses of any additional troops which at any time may be required for the protection of Oude." And Mr. Shakespear added that before exacting any new subsidy, it would be necessary "to cancel the 5th Article" of the Treaty of 1801, " which engages that no demand whatever shall be made upon the territory of his Excellency, on account of expenses which the Honour- able Company may incur for the suppression of disorders within his territories. "t This was the main objection of the Court of Directors to the Treaty of 1837. This was the objection of Sir Henry Lawrence and Sir William Sleeman to the surplus revenues of Oude being appropri- ated by the Honourable Company. On a mere debtor and creditor account, as well as by innumerable and un- remitting friendly services, the State of Oude had paid in advance for all the protection, guidance, and instruction we could give. Against Oude we had no pecuniary claim. Even Lord Auckland, when pressing his plan for a new Auxiliary Force, felt himself compelled in common decency to urge that it would be "a measure of real economy" for Oude.J All our efforts for "the tranquillity and good government" of Oude, should be, he said, " without the taint which schemes of acquisition in money or land might give them." Any such scheme he declared to be " as re- pugnant to my own designs and feelings as they have ever been disavowed by the Honourable Court, and by * With regard to some of these Sir Henry Lawrence says : " The friends of Lord Hastings have asserted that these loans were voluntary, but Colonel Bail- lie has shewn the transaction in a very different light. The money was extorted from the Nawab by the importunity of the Resident, who acted on repeated and urgent instructions from the Governor-General." Essays, p. 118. t Oude Papers, 1858, p. 28. $ Ibid., p. 50. 88 CHAPTER V. each successive Governor-General, in discussing the grave question of the position in which events have placed us, both towards the Oude ruler and people."* Sir Barnes Peacock, f who was Legal Member of Council when the annexation of Oude was discussed, " could not recommend that any part of the revenues of Oude should be applied to the payment of the military administration of the Province." After referring to the cessions and pro- mises of 1801, he says : " For the same reason I would not place the residue of the revenue at the disposal of the East India Company, but would leave it to be disposed of entirely for the benefit of the people of the Province." J " If the Honourable Court of Directors should resolve to adopt that measure, I think that no pecuniary benefit should be derived by the East India Company. " So that Sir Barnes Peacock, one of Lord Dalhousie's colleagues, an acute and clear-headed lawyer, propounded that same theory which seems to the Duke of Argyll a strange delusion when it comes from Sir Henry Lawrence and Sir William Sleeman. Yet Sir Barnes Peacock had no great sympathy for the King of Oude. He speaks on behalf of " the people of that State "\\ The source of the Duke of Argyll's error is evident enough. He can think of no "people" but the people of all India. He can think of no " State" but that which is centralised at Calcutta. Like Lord Dalhousie and his best contemporary interpreter, Mr. George Campbell, he looks upon the revenue of a native Principality as a very inconvenient alienation from the Imperial assets, to be called into the common stock as soon as may be.^j He cannot understand how Oude could have any right to be a State at all. The school of annexation has always * Oude Papers, 1858, p. 8. f Now Chief Justice of the High Court at Calcutta. Oude Papers, 1856, p. 232. Ibid., 1856, p. 231. |j Ibid., 1856, p. 232. f " It is indeed only in this way" by rejecting adopted heirs " that we can hope gradually to extinguish the native States, which consume so large a portion of the revenues of the country, and so prevent us from lightening the burdens and improving the condition of the mass of the people." (Campbell's Modern India, p. 169.) This book was published in 1852, just in the nick of time, as if to serve as an exponent and defence of Lord Dalhousie's policy. It represents very fairly the ordinary views held by the Bengal Civil Service, of which Mr. Campbell, late a Judge of the High Court of Calcutta, now Chief Commissioner of the Central Provinces, is a very able and distinguished member. OUDE. 89 ignored entirely the corporate rights of the Native State. They seem to argue and to act upon an incoherent and inconsistent doctrine, oscillating between Oriental despot- ism and revolutionary violence, by which the reigning Prince, for the time being, is made the sole representative and personal embodiment of the State. So long as he remains on the throne, his absolute power must not be limited, or he would have "virtually no sovereignty at all ;"* he would be " in leading strings," " a mere puppet," and "a sham Sovereign. "f He alone is responsible for any disorder or misrule in his dominions, whether injurious only to his own subjects, or affecting his relations with the British Government. Whether he be a criminal or an imbecile, he is fully empowered to transfer by his sig- nature all his possessions, and may justly and legally be terrified or coerced into doing so. But with or without his extorted consent, the removal of the reigning Prince extinguishes the rights of his family, annuls all treaties, and terminates the separate existence of the Principality, which naturally and necessarily merges in the Paramount Empire as an ordinary Province. The Duke of Argyll, in common with the school of an- nexation which he admires and defends, persists in seeing nothing but the King's person between the British Govern- ment and the desired acquisition of territory. Sir William Sleeman and Sir Henry Lawrence saw a great deal more. With them the King was not the State. They knew that Oude had, since the cessions of 1801, paid for our military protection over and over again, not only by con- tributions and advances in the hour of our financial need, not only by supplies and means of transport in several campaigns, but by the inestimable aid of her friendly countenance and faithful influence in days of great mili- tary and political emergency. They knew that these ser- vices had not been rendered by the King alone ; that we had been indebted as much or more, in proportion to their respective importance and ability, to the ministers, the officials, to some of the great landholders, to many of "the nobles, gentles, and people," whom Sir Henry Lawrence * India under Dalhousie and Canning, pp. 34 and 37. t Mysore Papers, 1866, pp. 84, 85, 86. 90 CHAPTER V. exhorted our Government to "remember." They knew that many persons belonging to these classes had been the greatest sufferers from our neglect, our exclusive attention to our own immediate interests, and, when those were secured, our uniform support of the King's personal autho- rity throughout his own dominions.* They knew that these classes, the most sensitive, the most reflective, the best informed, the most influential, and the most improv- able members of the community, although anxious for our corrective intervention, would see their own inevitable ruin and degradation in the extinction of the Kingdom. Hear Sir William Sleeman in 1853. " In 1801, when the Oude territory was divided, and half taken by us and half left to Oude, the landed aristocracy of each was about equal. Now, hardly a family of this class remains in our half, while in Oude it remains unimpaired. Everybody in Oude believes those families to have been systematically crushed. "t " The members of the landed aristocracy of Oude always speak with respect of the administration in our territories, but generally end with remarking on the cost and uncertainty of the law in civil cases, and the gradual decay, under its operation, of all the ancient families. A less and less proportion of the annual produce of their lands is left to them in our periodical settlements of the land revenue.^! There was not in Oude even such a semblance of a party in favour of British appropriation, as there was in Mexico in favour of the unfortunate Emperor Maximilian. Every one supposed whether rightly or wrongly it matters not, that after absorption within the Honourable Company's territories, all avenues to promotion and distinction would be closed, that the manufacture and import of many articles of ornament and luxury would be very much diminished, that all encouragement to native art and learning would cease, and that the wealth of the country would be drained away to Calcutta and London. Even the "pageants and buffooneries of Lucknow," did not excite much horror in the minds of this ignorant popula- tion. Such sights are run after by the simple inhabitants of India almost as eagerly as the more serious and intel- lectual attractions of a review, a royal procession, or a * * Sir Henry Lawrence's Essays, pp. 75, 109, 131. t Sleeman' s Oude, vol. ii, p. 415. J Ibid., vol. i, p. 168. OUDE. 9 1 Lord Mayor's Show, are in enlightened England. The people are well aware of their Prince's lavish expenditure, but they are rather proud of it than otherwise. The money is spent among themselves, and they all benefit by it, more or less, if only by a little occasional entertain- ment and excitement. As General Sir John Low re- marked, when discussing the question of the stipend to be allotted t