measure, is the speech of one Mr. Branson, a member of the Calcutta bar :

"He would conclude by picturing the scene in court in some remote district, where a zemindar, having a grudge against a planter, might, during the planter's absence in Calcutta, trump up a charge against his wife, and drag her into court before the Native Magistrate, armed with the powers which the Bill would confer. What would be the result if the husband returned and entered the court while the case was proceeding? He feared bloodshed.”

The imagery of 1836 may be a little coarser than that of 1883, but the spirit is the same. The imaginary fakir becoming a Sudder judge is not more absurd than the imaginary zemindar, and the imaginary planter. It is at least as easy to trump up civil charges as criminal charges. For nearly fifty years the zemindar has had his opportunity of trumping up civil charges against Europeans before a Native Judge; but we have not heard of his doing it. The annoyance to a European of attendance before a Native Judge, must be nearly the same whether the charge be non-payment of wages or beating a servant. For nearly fifty years he has submitted to attend in the former case. Why should he shed somebody's blood in the latter case? It seems not to occur to this passionate gentleman, or to others who use the same style of argument, that the whole fabric of trumped-up charges rests on the assumption that the Native Criminal Judge will be an idiot, or one dominated by hostility to Europeans. No such defect has been found among Native Civil Judges, who are drawn when young from a very wide area. They are found to be on the whole as fair, as acute in detecting frauds, as averse to trumpedup charges, as their European colleagues. Much more certainly will that be the case with the Native Criminal Judge; for he will be a picked man, accustomed for years to work with Europeans, and at least their equal in ability.

But to return to Macaulay. His measure was called the Black Act, probably from the image of the fakir Sudder Judge. He was threatened with death, and a torrent of obloquy was let loose upon him. How did he meet it? He said that the Act was good and well-timed, but that the strongest reason for passing it was the nature of the opposition. Its opponents repeated every day that the English were the conquerors, the lords of the country, the dominant race; the Government were enemies of freedom, because they would not suffer a small white aristocracy to domineer over millions. These principles he declared to be utterly at variance with reason, with justice, with the honour of the British Government, and with the dearest interests of the Indian people.

We have heard much the same arguments lately, and I trust they will receive substantially the same answer. It only remains to say that the Black Act became law, that by virtue of it and of subse

quent enactments in the same sense nearly the whole original and a large part of the appellate civil jurisdiction of India has been placed in Native hands, and that the change has been a vast benefit to the country without any sort of drawback.

When the Charter Act of 1853 was introduced it was found that the 87th section of the Act of 1833 had been inoperative as regarded higher appointments. In fact, the Directors had applied it only to the Uncovenanted Service, so that Natives were still excluded from all the posts of much dignity or emolument, which were reserved for the Covenanted Service. There was doubtless real difficulty in finding proper men, but the will to do it was wanting too, and the Natives were very discontented. It was now proposed to establish a system of competition, under which it was suggested that Natives might enter the service if of sufficient merit.

As regards the true principle of government in India, the Parliament of 1853 was no less emphatic than that of 1833.

Sir C. Wood (Lord Halifax), then President of the India Board, said:

"I do not believe that we shall endanger our empire by educating the Natives of India. . . . . Be that as it may, it seems to me that the path of our duty is clear and plain-to improve the condition and increase the enlightenment of the people. I believe that by so doing we shall strengthen our empire there; but even if the reverse should be the case, even if the result should be the loss of that empire, it seems to me that this country will occupy a far prouder position in the history of the world if by our agency a civilized and Christian empire should be established in India, than if we continued to rule over a people debased by ignorance and degraded by superstition." *

Macaulay said:—

"In my opinion we shall not secure or prolong our dominion in India by attempting to exclude the Natives of that country from a share in its government, or by attempting to discourage their study of western arts or learning; and I will only say further, that however that may be, I will never consent to keep them ignorant in order to keep them manageable, or to govern them in ignorance in order that we may govern them long."+

From these sentiments I cannot find that any dissent was expressed. In the House of Lords Lord Monteagle moved to make sec. 87 of the Act of 1833 expressly applicable to the Covenanted Service. But on Lord Granville declaring that no distinction between the two services should work the disqualification of any Native of India for public employment, he contented himself with entering a protest on the journals.

In the year 1854 Sir C. Wood framed the well-known despatch which began the vigorous system of education that is still flourishing. In it he dealt again with the fear of political danger, but I do not quote his words, because they are only to the same effect with his speech of the previous year.

* Hansard, vol. cxxvii. p. 1,169.

+Ibid. vol. cxxviii. p. 759.

In the year 1858 came the change of government consequent on the Mutiny. The discussion ran mostly on other topics, but I will quote what Mr. Gladstone said on the topic of keeping open a political career for the Natives :

"We have to look at the question how far we can improve their qualifications for that career, and the measure of their qualifications must be the measure of their admission. This is not the opinion of theorists nor the vision of philanthropists. There never was a more practical writer than Mr. Kaye, and in his History he says, 'The admission of the Natives of India to the highest offices of State is simply a question of time.' And there is another name entitled to great weight in this House, Mr. Halliday, who says, 'I believe that our mission in India is to qualify the Natives for governing themselves.''

Mr. Gladstone then goes on to show, that owing to the disturbed condition of the country it was not opportune to deal with such a question.*

In November of the same year was published the Queen's proclamation to the people of India, which contained the following passage:-" And it is our further will that, so far as may be, our subjects, of whatever race or creed, be freely and impartially admitted to offices in our service, the duties of which they may be qualified by their education, ability, and integrity to discharge.”

The competitive system has been found to do very little for the admission of Natives to the higher offices, if for no other reason, because the examinations are held in England. At this moment there are, I believe, only nine in the Covenanted or higher Civil Service, most of them being English barristers.

In 1867, when Lord Lawrence was Viceroy, the question was urged upon his attention by Sir Stafford Northcote. The Government of India passed a resolution to the effect that it was "fully alive to the urgent political necessity that the progress of education has created for opening up to Natives of ability and character a more important, dignified, and lucrative sphere of employment in the administration of British India."

Under these circumstances an Act of Parliament was passed in the year 1870, which, after affirming the expediency of giving additional facilities for the employment of Natives of proved merit and ability, provided that the Government of India might appoint such Natives to posts theretofore secured by law to the covenanted civil servants. Under this Act, after great delay and discussion, rules were made in the time of Lord Lytton, by virtue of which some half-dozen of Natives have been admitted, and a substantial number will be admitted, to the service under conditions which will entitle them to rise to posts of great importance.

I will cite one more Indian statesman on the vital question I am

* Hansard, vol. cl. p. 1,622.

discussing. In Sir John Strachey's vivid memoir of Lord Mayo occurs the following passage :

"In administering the Acts providing the means for the execution of local works of utility, Lord Mayo was most anxious that the natives of the country should be associated to the greatest possible extent with the officers of the Government, and he lost no opportunity of urging that they should be encouraged to take an active part in the management of their own local affairs. He always said that he was convinced that from one end of India to the other there was no lack of men of ability and intelligence who could afford most useful help to the Government in this manner. The personal patronage of the Viceroy in regard to the great mass of appointments in India is so limited that it was not easy for Lord Mayo to do much towards promoting such objects by appointing Natives of the country to posts for which they are fitted. But he lost no opportunity of urging their claims, and of declaring the duty of the Government to open to them a wider field of honourable employment."

Now from the time of Munro, whose work began a century ago under Warren Hastings, down to the present time, I have given a chain of evidence to show that English Ministries and Parliaments, and statesmen of weighty character and well versed in Indian affairs, have borne testimony that we should rule India, not for our own benefit or in the spirit of conquerors, or with an eye mainly to the perpetuation of our own dominions, but for the benefit of the Indians, and as far as possible through their agency. If Lord Ripon's pending measure is condemned, either this principle must be denied, or it must be shown that the measure is faulty by being illadapted to the purpose of enlisting Natives in our service, or by being abrupt, or violent, or ill-timed. I will address myself to the latter of these alternatives.

Since the great reform of 1833, what has been done to raise the level of mental and political power among the Natives in the three great kindred departments of action that I have mentioned? For their general education much has been done. As to free speech, there have been oscillations of policy, but at present the Indian press is free enough. But in the matter of employment, change, though constantly contemplated, and from time to time attempted by Indian statesmen, has been very slow in coming.

It is true that Natives are employed throughout the lower judicial service, which has almost entirely passed into their hands, as I have before stated.

As regards criminal jurisdiction, it has for fifty years been an object with Indian statesmen to bring Europeans under the courts established for the country at large. This object was, until the year 1872, one of very great importance, because the English community were, except for some petty offences, triable only by the Supreme Courts which became merged into the High Courts, and by the Chief Court of the Punjab. These Courts sat only in Madras, Cal

cutta, Bombay, Allahabad, and Lahore; and the country is so vast, and its communications were so backward, that the suitor might be many days' or even weeks' journey from his tribunal. Practically speaking, there was absolute impunity for most crimes committed by Englishmen, except in the five towns or their immediate neighbourhood.

This impunity was pleasant to the privileged class, and they long resisted the attempts of the Government to deprive them of it. In 1837, when the Penal Code was first drawn, and again in 1843, the Indian Law Commission advised that jurisdiction over Europeans should be conferred on a class of provincial magistrates, which was then entirely manned by Englishmen ; and in 1849 the Government of India brought into Council a Bill for that purpose. The English community objected quite as violently to being tried by an English provincial magistrate as they now object to a Native provincial magistrate, and they seem not to have been ashamed of their violence against the Black Act, or deterred by their defeat and the falsification of every one of their prophecies on that occasion, from exhibiting equal violence and uttering equally foolish prophecies on this. The upshot was that the Court of Directors ordered the Government of India to postpone the question until the Penal Code, which was still under discussion, had been settled. It was evidently thought, even by those who hesitated at that moment to support the action of the Government of India, that when a uniform criminal law was established throughout India the case would be much altered. In 1855 the second Indian Law Commission returned to the charge, and shortly afterwards the Government of India introduced a fresh Bill for the same purpose. This was met by a fresh agitation like the

former one. How it would otherwise have ended cannot now be known, for the mutiny broke out, and this, along with much other business, was stopped.

In 1870 the Indian Law Commission emphatically called attention to the omission to remedy so glaring a defect in the law. Indeed, by this time, with the increase of Europeans in the country, the abuse had become intolerable; and, what is perhaps of more importance when there is a question of taking away some badge of privilege, easy communication and increased knowledge of Indian affairs had informed people in England sufficiently to create some body of opinion, and to support the Government against the privileged class. Moreover the Penal Code had been at work for some years, and was found to be an excellent piece of legislation.

I have pointed out that on previous occasions the class of provincial magistrates whom it was proposed to invest with jurisdiction was exclusively English, but in 1870 it was well known that some Natives might be introduced into that class-indeed, that an Act of Parliament had been passed for that very purpose. Nevertheless the Commissioners proposed uniformity of jurisdiction.