DHARAMPALCOLLECTEDWRITINGS

VolumeII

CIVILDISOBEDIENCE ININDIANTRADITION

DHARAMPALCOLLECTEDWRITINGS

VolumeI IndianScienceandTechnologyintheEighteenthCentury VolumeII CivilDisobedienceinIndianTradition VolumeIII TheBeautifulTree:IndigenousIndianEducation intheEighteenthCentury VolumeIV PanchayatRajandIndiasPolity VolumeV EssaysonTradition,RecoveryandFreedom

CIVILDISOBEDIENCE ININDIANTRADITION

by Dharampal

OtherIndiaPress Mapusa403507,Goa,India

CivilDisobedienceinIndianTradition ByDharampal

Firstpublishedby: SarvaSevaSanghPrakashan,Varanasi(1971)

This edition is published as part of a special collection of Dharampalswritings,by: OtherIndiaPress Mapusa403507,Goa,India.

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To AnnasahebSahasrabudhe

Contents
ForewordbyJayaprakashNarayan Authorsnote Introduction I.OFFICIALNARRATIVEOFEVENTS A.EventsatBenares B.EventsatPatna C.EventsatSarun D.EventsatMoorshedabad E.EventsatBhaugulpore II.MANNEROFRETRACTIONINPOLICY III.CORRESPONDENCEWITHDIRECTING AUTHORITIESINENGLAND SourcesofDocuments Glossary 1 6 9 57 101 103 105 108 143 152

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Foreword
The ancients held that the highest form of knowledge is self knowledge and that he who achieves that knowledge achieves all.Itseemstomethatthevalueofselfknowledgeholdsgood fornationsaswell.Nomatterhowonedefinesanationandit hasnotbeenfoundeasytodosoitsessenceseemstolienotin its outward attributes but in the mental world of those who comprise it. Of the ingredients of this inner world, the most important is selfimage, that is, the image that the people comprisinganationhaveofthemselvesandtheirforefathers. During the British period, the needs of imperialist rule dictatedthatIndiansbepicturedasaninferiorpeopleinrespect to material, moral and intellectual accomplishments. This deliberatedenigrationoftheIndiannationwasfurtheredbythe incapacityoftheforeignertounderstandproperlyacivilisation sodifferentfromhisown.So,incourseoftime,asourpolitical subjugationbecamecomplete,wehappenedtoacceptasrealthe distortedimageofourselvesthatwesawreflectedinthemirror theBritishheldtous. Not a small part of the psychological impetus that our freedom movement received was from the few expressions of appreciation that happened to fall from the pens or lips of Western scholars about Sanskrit literature, Indian philosophy, art or science. Sometimes these foreign opinions about past Indian achievements were seized upon and inflated out of all proportionssoastofeedtheslowlyemergingnationalethos. AfterthefirstfewyearsofeuphoriasinceIndependence,a periodofselfdenigrationsetinduringwhicheducatedIndians, particularlythoseeducatedintheWest,tookthelead.Whether inthenameofmodernisation,scienceorideology,theyrandown most,ifnotall,thingsIndian.Wearenotyetoutofthisperiod.I amnotsuggestingthatwhatiswrongandevilinIndiansociety orhistoryshouldbeglossedover.Butbreastbeatingandself

flagellationarenotconducivetothedevelopmentofthose

psychologicaldrivesthataresoessentialfornationbuilding,nor soisslavishimitationofothers. Oneofthereasonsforthisstateofaffairsislackofsuffi cient knowledge about our history, particularly of the peoples social, political and economic life. One of the faults of our forefatherswastheirlackofsenseofhistory,andtheirprone nesstopresentevenhistoricalfactintheguiseofmythology.As aresult,evenafterlongyearsofmodernhistoricalresearch,in India and abroad, our knowledge happens to be limitedpar ticularlyinthefieldofsocialhistory.Alsotherearelonggapsor periodsofdarknessaboutwhichnotmuchofanythingisknown. One such period was that between the decline of the Mughal power and the arrival of the Europeantrading companies and the ultimate consolidation of British power. That period was undoubtedlyoneofpoliticaldisintegration.Yet,thematerialre searchedby ShriDharampal andpublished hereinrevealsthe survival of amazing powers of resistance to the state in the common peoplethe Lohars, the Mistrees, the Jolahirs, the Hujams, the Durzees, the Kahars, the Bearers, every class of workmen,toquotetheActingMagistrateof Benaresin1810 when,intheiropinion,itbecameoppressiveortransgressedthe limitsofitsauthority. Thebehaviourofthefivehundredandoddprincestowards their people during British rule had created the general impressionthatthekinginHindupolitywasatyrantandthere wasnolimittohispowerasfarasitrelatedtohissubjects,who weresupposedtobetraditionallydocileandsubmissive.Foreign andIndianstudiesofHindupolity,nodoubt,hadrevealedquite adifferenttypeofrelationship, whichallowedevenforthede positionofanunworthykingbyhispeople.Butthatwasconsid eredtobeamereidealisticformulation,truemoreintheorythan inpractice.ThefactthattextsonHindupolitywereagreedthat thekingwasneverconceivedtopossessabsolutepowerandthat he was in practice limited by dharma, that is, the system of duties,responsibilitiesandprivilegesthathadevolvedthrough theagesandcometobeacceptedbyallconcerned,wasalsonot takenseriously.Instancesofautocraticmonarchswhodefiedthe established dharma andgotawaywithitwerelookeduponnot asexceptionsbutastherule. ThematerialbroughttogetherbyShriDharampalinthis volume throws quite a different light on the subject. The following pages describe, in the words of the then British

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officers, the mass movements of civil disobedience at Benares, Patna,Sarun,

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MoorshedabadandBhaugulporeagainsttheimpositionofnew taxesonhousesandshops.ShriDharampalisquiterightwhen hedeclares:Ifthedates,(181012)werejustadvancedbysome 110to120years,thenameofthetaxalteredandafewother verbal changes made, this narrative could be taken as a fair recitalofmosteventsinthestillrememberedcivildisobedience campaignsofthe1920sand1930s.Thattheeventsdescribedin thecorrespondencepublishedherewerenotexceptions,isborne out by other instances given by Shri Dharampal of similar actionsthatwereeithercontemporaryorofearliertimesinother partsofthecountry. Itwouldappearfromaperusalofthepapersreproduced herethattherehaddevelopedinthecourseofIndianhistoryan understanding between the ruled and the ruler as to their respectiverightsandresponsibilities.Wheneverthistraditional patternofrelationshipwasdisturbedbyanautocraticruler,the peoplewereentitledtoofferresistanceinthecustomarymanner, that is, by peaceful noncooperation and civil disobedience. It alsoappearsthatintheeventofsuchaction,theresponseofthe rulingauthoritywasnottotreatitasunlawfuldefiance,rebel lionordisloyaltythathadtobeputdownatanycostbeforethe issueindisputecouldbetakenup,butasrightfulactionthat calledforspeedynegotiatedsettlement. Such powers, and apparently wellpractised methods, of popularresistanceasdescribedhereincouldnothavesprungup suddenly from nowhere. They musthave come down from the past as part of a wellestablished sociopolitical tradition. The factthesepowersshouldhavesurviveduntilthebeginningofthe nineteenth century even in areas that had long been under autocraticMuslimrulebearstestimonytoboththevalidityand vitalityoftheancienttradition. The saddest partof the story ShriDharampalunfolds in thefollowingpagestellsoftheconsciousandcalculatedefforts oftheBritishtodestroyeveryvestigeoftheoldtradition,which theylookeduponasacontinuingchallengetotheveryfounda tions oftheirrule.Whetheritwastoassertthedignityofthe State or for the maintenance of public tranquility or for upholding those sentiments of respect which it appeared so essential that the community should entertain for the public authority the traditional right of the people of peaceful re sistancehadtobegivennoquarter.ThereasonShriDharampal gives,withwhichIaminagreement,isthefeelingthe British

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rulershadofextremeinsecurity.Theycouldnotfeelsafeuntil theyhadbeaten

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thepeopleintoastateofunquestioningobedience.Theultimate sanctiontheyreliedupontoachievethisendwasmilitaryforce. Thuswasbroughtaboutthespiritualdeathofthepeopleofthis country,whichtheCongressWorkingCommitteemusthavehad inmindwheninitsDeclarationofIndependenceof1930(which used to be reiterated at tens of thousands of public meetings every26thofJanuary),speakingofthefourfoldruinofIndia economic, political, cultural and spiritualwrought by the British, it pinpointed compulsory disarmament of the people andthepresenceofanalienarmyofoccupation,employedwith deadlyeffecttocrushinusthespiritofresistanceasbeingthe meansofthecountrysspiritualruin. Inaninterestingandvaluablesectionofhisintroduction, Shri Dharampal discusses the origins of Gandhijis ideas of satyagraha andthrowssomenewlightonthesubject.Apoint that emerges clearly from the discussion is that the primary source of inspiration behind Gandhijis science of satyagraha wasIndiasageoldtraditionalrulerruledrelationshipofwhich Gandhijiwaswellaware.Inviewofhisexplicitacknowledgement in Hind Swaraj of his debt to that tradition, it is rather surprisingthatnoneofhisbiographersorcommentators,while they ranged far and wide in search of the origins, gave any attentiontoGandhijisownwords.Maybethereasonhasbeen thatnotracehavingbeenleftoftheoldtraditionexceptforthe observanteyesofonelikeGandhiji(thinkofthecaseofthesmall principality in Saurashtra which he mentions in the Hind Swaraj),northerebeinganyhistoricalevidenceavailableofthe nationatlargehavinggenerallyusedpassiveresistanceinall departments of life or of our ceasing to cooperate with our rulers when they displease us, Gandhijis sweeping remarks were taken as examples of his usual idealisation of the past. ButShriDharampalsfindingsshowthatGandhiji,thoughnota studentofhistory,hadamuchdeeperinsightintoitthanmost historians.Undoubtedlyitwasthisintuitivequalitythatwasone of the secrets of his extraordinary success as a leader of the people. No less interesting and valuable is Shri Dharampals discussionoftheplaceofsatyagrahainpostindependenceand democraticIndia.Anoftrepeatedcriticismofgovernmentinfree Indiaandonewhichhasnotlostitssignificancebyrepetition isthatitadoptedwithoutchangethebureaucraticmachinethat hadoriginallybeendesignedbythecolonialpowerforpurposes ofeconomicexploitationandsuppressionofdissent.Oneofthe

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more malignant features of that machine is its continued adherence

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totheBritishimperialisttheorythatitisthedutyofthepeople to obey first and then to protest. In fact, that view has been further strengthened by the convenient plea that the bureaucracyisnolongeraninstrumentofanaliengovernment butthatofademocraticallyestablishednationalgovernment.As a result, whenever there is a fast, a stoppage of work, a withdrawal of cooperation, the official reaction is neither talk, nor settlement until the popular action is withdrawn or put down.Theconsequenceisthatmoreoftenthannot,thepeople concerned are driven to violent action, after which the gov ernmentusuallysurrendersormakesacompromise.Thereisno doubt that satyagraha has often been resorted to for party political gains, but had government conceded the right of the peopletodisobeyandresistpeacefullywhateverseemedunjust or oppressive to them, a code of conduct would have evolved throughthepast25yearsthatwouldhavesetthelimitsofthe peoples and partys action on the one hand and of the governmentsactionontheother.Thepleathatinademocracy thepeoplehavetheultimatesanctionofremovinganunpopular government at the next general election has been effectively answeredbyAcharyaKripalaniinthepassageShriDharampal quotesintheintroduction. JayaprakashNarayan

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AuthorsNote
In 1965, during the course of a preliminary perusal of late eighteenth and nineteenth century British official material on India, I happened to read of a boycott and consequent organisationalstepstakenbysomevillagecommunitiesduring the DeccanRiotsof1874inthedistrictsofAhmednagarand Pune. The techniques employed by these village communities primarily against the moneylenders butalso against all those whosidedwiththelatterseemedessentiallyidenticaltothose employed in the noncooperation and civil disobedience movementsofrecentdecades.Furtherresearchledmetoseveral other apparently similar instances of nineteenth century non cooperationandcivildisobedienceindifferentpartsofIndia. Formethisinformationwaswhollyunexpected.Itnotonly ledtomuchquestioning,butalsopersuadedmetorereadsome of the writings ofMahatma Gandhionthe subject. Uptothis time, like those I knew, I had taken it for granted that non cooperationandcivildisobediencewereofveryrecentoriginin IndiaandowedtheirpracticeheretoGandhiji.Again,likemany othersIhadalsoassumedthatwhile Gandhijihadmadethem moreperfectandeffectivehehimselfhadinitiallyderivedthem from Thoreau, Tolstoy, Ruskin and other Europeans. But re reading HindSwaraj,Ifound Gandhijiobserving:InIndiathe nation at large has generally used passive resistance in all departmentsoflife.Weceasetocooperatewithourrulerswhen theydispleaseus. IsharedthispassageofGandhijiwithanumberoffriends severalofwhomhadknown Gandhijipersonallyandhadmany timesparticipatedinhisnoncooperationandcivildisobedience movements. I found them similarly fascinated with the information I had acquired. The fascination however, to an extent,wastingedwithincredulity.Itseemedtomanythatthe above observation of Gandhiji was more symbolic of his idealisationofthepastthanaconfirmationthatnoncooperation andcivildisobediencehadbeenoneofthetraditionalmodesof protestagainst

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authorityinIndia.Theneverendingrepetitionofclaimsthatthe ordinary people of India had from time immemorial been subservienttowhoeverruledoverthem;thattheyhadlittleor noregardforsuchmundanethingsassocietyorpoliticsseemed tohavehadadeepimpactnotonlyonthosewhoknewGandhiji wellandfollowedhimintobattlebutequallyonthosewhowere consideredhostileorevenindifferenttohim.Suchincredulity,it seemedtome,couldbemetonlythroughamoredetailedsearch andassemblingofprimarymaterialonthesubject. Thedocumentsprintedinthisbook(pages57172)arethe resultof this search andwerecompiled during 1966fromthe relevantjudicialandrevenuerecordsintheIndiaOfficeLibrary, London.Thefirsthintoftheeventsdescribedinthem,however, cametomefromthebriefreferencetotheminDr.SashiBhusan ChaudhurisbookCivilDisturbancesduringBritishRuleinIndia 17651857. IamthankfultotheauthoritiesandstaffoftheIndiaOffice Library,theWestBengalStateArchivesandtheGandhiSmarak Sangrahalaya,Delhiforvariousfacilitiestheymadeavailableto meduringthissearch. Thoughthecompilationofthedocumentsreproducedwas completedin1966itself,theinterpretationandpresentationof the whole has only been done during the past few months, throughtheassistanceoffacilitiesandsupportextendedbythe Gandhi Peace Foundation. Unpublished Crown copyright materials in the India Office Library and India Office Records transcribedinthisbookappearbypermissionoftheController ofHerMajestysStationeryOffice,London. Innumerablefriendshaveshowngreatinterestandoffered advice aswell as criticism onthe materialand interpretations presented here. I am grateful to all of them. I am specially obliged to Bernie Horowitz, Mohammad Rafiq Khan and Radhakrishnaforaffordingmemuchoftheirtimeandattention inthisregard.IamalsothankfultoNarendraGoyalforhelpin theproductionofthisbook. Thedocumentsonpages57172havebeenarrangedinthe orderthesewouldhavebeenplacedbytheexecutingauthorities in Benares, etc. in relation to correspondence with the Government at Fort William (Calcutta), or the Government of Bengal in its correspondence with London. This, it is hoped, wouldbehelpfulintheunderstandingoftheeventsinBenares andothertownsintheordertheyoccurred.

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The documents are reproduced here in their original spellings and punctuation. In spite of all possible care, a few typographicalerrorsmayremain.These,however,donotmake any substantial alteration in the meaning of the concerned passages. July,1971 Dharampal

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INTRODUCTION
Traditionally,whathasbeentheattitudeoftheIndianpeople, collectively as well as individually, towards state power or political authority? The prevalent view seems to be that, with somerareexceptions,thepeopleofIndiahavebeendocile,inert andsubmissiveintheextreme.Itisimpliedthattheylookupto their governments as children do towards their parents. Text booksonIndianhistoryaboundwithsuchviews. Thepasthalfcenturyorso,however,doesnotsubstantiate thisimageofdocilityandsubmissiveness.Many,infact,regret the supposed transformation. But all, whether they deplore or welcomeit,attributeittothespreadofEuropeanideasofdisaf fection, and mostofalltotheroleofMahatma Gandhiinthe publiclifeofIndia.Accordingtothem,thepeopleofIndiawould have remained inert, docile and submissive if they somehow couldhavebeenprotectedfromtheEuropeaninfectionandfrom MahatmaGandhi. The twentieth century Indian peoples protest against governmental injustice, callousness and tyranny (actual or supposed)hasexpresseditselfintwoforms:onewiththeaidof somearms,theotherunarmed.Theprotestandresistancewith armshasbyandlargebeenlimitedtoafewindividualsorvery smallgroupsofahighlydisciplinedcadre.Aurobindo,Savarkar, Bhagat Singh, Chandrashekhar Azad (to name a few), intheir timehavebeenthespectacularsymbolsofsucharmedprotest. Unarmed protest and resistance is better known under the names of noncooperation, civil disobedience and satyagraha. This latter mode of protest owes its twentieth century origin, organisationandpracticetoMahatmaGandhi. Inthemain,therearetwoviewsabouttheoriginsofnon cooperationandcivildisobedienceinitiatedbyGandhijifirstlyin South Africa and later in India. According to one group of scholars, Gandhiji learnt them from Thoreau, Tolstoy, Ruskin, etc. According to the other, noncooperation and civil disobediencewere

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Gandhijis own unique discovery, born out of his own creative geniusandheightenedspirituality. ThestatementsabouttheEuropeanorAmericanoriginof MahatmaGandhiscivildisobediencearemany.Accordingtoone authority on Thoreau, Thoreaus essay, Resistance to Civil Government, a sharp statement of the duty of resistance to governmental authority when it is unjustly exercised, has become the foundation of the Indian civil disobedience movement.1 According to a recent writer, Gandhi got non cooperation from Thoreau, and he agreed with Ruskin on cooperation.2 According to yet another writer, Gandhi agreed with Seeley only in order to apply the lesson learned from Thoreau, William Lloyd Garrison and Tolstoy. The lesson was that the withdrawal of Indian support from the British would bringonthecollapseoftheirrule.3 The protagonists of the second view are equally large in number, the more scholarly amongst them linking Gandhijis inspirationto Prahaladaorotherfiguresofantiquity.According to R.R. Diwakar, taking his inspiration from Prahalada, Socrates, etc., Gandhiji adapted a nebulous, semireligious doctrine to the solution of the problems of daytoday lifeand thusgavetohumanityanewweapontofightevilandinjustice nonviolently.TakingnoteofthetraditionalIndianpracticesof dharna, hartal and dasatyaga (leaving the land with all ones belongings), Diwakar comes to the conclusion that their chief concern was the extramundane life and that too of the individual,notofthegrouporcommunity,andstatesthereare norecordedinstancesinIndianhistoryoflongdrawnstrikesof the nature of the modern general strike.4 According to an analystofMahatmaGandhispoliticalphilosophy,theGandhian method of nonviolent resistance was novel in the history of mass actions waged to resist encroachments upon human freedom.5 According to another recent student of Mahatma Gandhi,Gandhiannoncooperationandcivildisobediencewasa naturalgrowthandfloweringofapracticalphilosophyimplicitin hissocialmilieu.6

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Thesetwoviewsareintegratedinarecentintroductionto Thoreaus essay, On the DutyofCivilDisobedience, referred to above.Thewriterofthisintroductionstates: Thoreausessayoncivildisobediencemarkedasignificant transitioninthedevelopmentofnonviolentaction.Before Thoreau, civil disobedience was largely practised by individualsandgroupswhodesiredsimplytoremaintrue to their beliefs in an evil world. There was little or no thoughtgiventocivildisobedienceforproducingsocialand politicalchange.Sixtyyearslater,withMahatmaGandhi, civildisobediencebecame,inadditiontothis,ameansof mass action for political ends. Reluctantly, and unrecognised at the time, Thoreau helped make the transitionbetweenthesetwoapproaches.7 Other writers, like Kaka Kalelkar8 and R. Payne9 though visualisingsomelinkwhichGandhijisnoncooperationandcivil disobedience had with Indias antiquity, nevertheless feel, as Kalelkar does, that it was a unique contribution of Mahatma Gandhi to the world community. Kalelkar, however, does visualisethepossibilitythatthepracticesof traga(KakaKalelkar
incidentallyappearstobetheonlymodernwriterawareofthepracticeof traga.), dharna,and baharvatiya,prevailinginGandhijishome

area,Saurashtra,mayhaveinfluencedtheMahatmasmind.10 RecentworksonancientIndianpolity,andtherightsand dutiesofkingsorotherpoliticalauthoritiesalsoseemtobein some conflict with the prevalent view of the traditional submissivenessoftheIndianpeople.Accordingtosome,thevery wordRajameantonewhopleasesandthereforeanyrightof thekingwassubjecttothefulfillmentofdutiesandwasforfeited ifsuchdutieswerenotperformed.Further,anoftquotedverse oftheMahabharatastates: Thepeopleshouldgirdthemselvesupandkillacruelking whodoesnotprotecthissubjects,whoextractstaxesand simplyrobsthemoftheirwealth,whogivesnolead.Sucha kingisKali(evilandstrife)incarnate.Thekingwhoafter

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declaring,Ishallprotectyou,doesnotprotecthissubjects shouldbekilled(bythepeople)afterformingaconfederacy, likeadogthatisafflictedwithmadness.11 Whatever may have been the rulerruled relationship in ancienttimesorthefewcenturiesofTurkorMughaldominance, in the late seventeenth and eighteenth century, according to JamesMill,intheordinarystateofthingsinIndia,theprinces stoodinaweoftheirsubjects.12Further,accordingtoGandhiji, thatweshouldobeylawswhethergoodorbadisanewfangled notion. There was no such thing in former days. The people disregarded those laws they did not like.13 Elaborating on the ideaofpassiveresistance,Gandhijistated: Thefactisthat,inIndia,thenationatlargehasgenerally usedpassiveresistanceinalldepartmentsoflife.Wecease tocooperatewithourrulerswhentheydispleaseus.Thisis passiveresistance.14 Giving a personally known instance of such non cooperation,headded: Inasmallprincipality,thevillagerswereoffendedbysome command issued by the prince. The former immediately beganvacatingthevillage.(Itispossiblethatsuchrecourseto
thevacatingofvillages,towns,etc.,asnotedbyGandhijiandas threatenedin181011atMurshedabadetc.,wasofamuchlater origin than the various other forms of noncooperation and civil disobediencedescribedinthisvolume.Resorttosuchanextreme stepasthevacatingofvillagesetc.,indicatesincreasingalienation oftherulersfromtheruledandfurtherasubstantialweakeningof thestrengthofthelatter.Suchasituationisinglaringcontrastto the situation where the princes stood in awe of their subjects. Thoughsuchanextremestepattimesmayhavestillworkedin relation to Indian rulers who were not yet completely alienated fromtheruledinGandhijisyoungdays,itspotentialuseagainst completely alien rulers, such as the British, must have become verysmallindeed.)Theprincebecamenervous,

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apologised to his subjects and withdrew his command. ManysuchinstancescanbefoundinIndia.15 ItisnotnecessarytoaddthatGandhijisdiscoveryofcivil disobedienceisnotjustaborrowingfromhisowntradition.Ina wayitcameoutofhisownbeing.Hisknowledgeofitsadvocacy or limited practice in Europe and America may have provided himfurtherconfirmation.ButitistheprecedingIndianhistori cal tradition of noncooperation and civil disobedience which made possible the application of them on the vast scale that happenedunderhisleadership. ItappearsthatMahatmaGandhiaswellasMillhadamore correct idea of the rulerruled relationship in India than conventionalhistorians.EvenwithoutgoingfarbackintoIndian history, a systematic search of Indian and British source materialspertainingtotheeighteenthandnineteenthcenturies should provide ample evidence of the correctness of Mahatma Gandhis and Mills view. Further, it would probably also indicate that civil disobedience and noncooperation were traditionallythekeymethodsusedbytheIndianpeopleagainst oppressive and unjust actions of government. Even with a relatively cursory search, a number of instances of civil disobedience and noncooperation readily emerge. These are recordedprimarilyinthecorrespondencemaintainedwithinthe British ruling apparatus. For example, the Proceedings of the BritishGovernorandCouncilatMadras,datedNovember,1680 recordthefollowingresponsebythedisaffectedpersonsinthe townofMadraspatnamtowhattheyconsideredarbitraryactions onthepartoftheBritishrulers: ThepaintersandothersgatheredatSt.Thomahavingsent severalletterstotheseveralcastsofGentuesintown,and toseveralintheCompanysserviceasdubasses,cherucons or chief peons, merchants, washers and others and threatenedseveraltomurtherthemiftheycamenotoutto them,nowtheystoptgoodsandprovisionscomingtotown throwingtheclothoffoftheoxenandlayingthedury,and inallthetownsaboutushiredbyPeddaYenkatadry,etc: the drum has beaten forbidding all people to carry any provisions or wood to Chenapatnam alias Madraspatnam andthemenshousesthatburntchunamforusaretyed up and they forbid toburn any more, or to gather more shellsforthatpurpose.16

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Thistusslelastedforquitesometime.TheBritishrecruited the additional force of the Black Portuguese, played the less protestinggroupsagainstthemorevehement,arrestedthewives andchildrenofthoseengagedintheprotest,andthreatenedone hundredofthemoreprominentamongsttheprotestorswithdire punishment.Finally,theincidentseemstohaveendedinsome compromise. Atamuchlaterperiod,reportingonapeasantmovement inCanarain183031,thedistrictassistantcollectorwrote: Things are here getting worse. The people were quiet till within a few days, but the assemblies have been daily increasing in number. Nearly 11,000 persons met yesterday at Yenoor. About an hour ago 300 ryots came here, entered the tahsildars cutcherry, and avowed their determinationnottogiveasinglepice,andthattheywould be contented with nothing but a total remission. The tahsildar told them that the jummabundy was light and theircropsgood.Theysaidtheycomplainedofneitherof these, but of the Government generally; that they were oppressedbythecourt,stampregulation,saltandtobacco monopolies,andthattheymustbetakenoff.17 Referringtotheinstructionswhichhegavetothetahsildar, theassistantcollectoradded: Ihavealsotoldhim,toissueinstructionstoallpersons,to preventbyallmeansintheirpowertheassemblieswhich are taking place daily, and if possible to intercept the inflammatoryletterswhichareatpresentbeingdespatched tothedifferenttalooks.18 Hefurtherstated: Theryotssaythattheycannotallbepunished,andthe conspiratorshaveasitwereexcommunicatedoneMogany, whocommencedpayingtheirKists.Thefermenthasgotas farasBaroorandwillsoonreachCundapoor.Asthedis satisfactionseemstobeagainsttheGovernmentgenerally andnotagainsttheheavinessofthejummabundy,speedy measuresshould,Ithinkbetakentoquenchtheflameat

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once.Butinthisdistrictnotacooleycanbeprocured.The tahsildar arrived here yesterday with the greatest difficulty.19 These protests were at times tinged by violence at some point.Mostoften,however,whatistermedasviolencewasthe resorttotraga,koor,etc.,(whicharefamiliarunderothernames) inflictedbyindividualsuponthemselvesasameansofprotest. Ontheoccasionswhenthepeopleactuallyresortedtoviolence, itwasmostlyareactiontogovernmentalterror,asinthecases ofthevariousBundsinMaharashtraduringthe182040s.20(At whatpointthepeoplereactedtoterrorandrepressionbyresort ing to violence is a subject for separate study.) ( The violence
manifest in modern movements of civil disobedience and the counter violence adopted by the authorities to deal with it require deeper investigation. According to Charles Tilly in Collective Violence in EuropeanPerspective:Alargeproportionofthe...disturbanceswehave been surveying turned violent at exactly the moment when the authoritiesintervenedtostopanillegalbutnonviolentaction...thegreat bulkofthekillingandwounding...wasdonebytroopsorpolicerather than by insurgents or demonstrators. Commenting on this, Michael Walzer believes that the case is the same...in the United States. (Obligations:EssaysonDisobedience,War,andCitizenship,1970.p.32).)

Overall,thecivildisobediencecampaignsagainstthenew Britishrulers,includingtheonedocumentedinthisvolume,did notsucceed.Thereasonsforthismustbemanifold.Partly,the effectivenessofsuchprotestswasdependentupontherebeinga commonality ofvalues betweenthe rulersand the ruled.With thereplacementoftheindigenousrulersbytheBritish(whether de jure or de facto is hardly material) such commonality of values disappeared. The British rulers of the eighteenth and nineteenth century did not at all share the same moral and psychological world as their subjects. Over time, what James Mill termed the general practice of insurrection against oppression21 which had prevailed up to the period of British rule, was gradually replaced by unconditional submission to publicauthority.Intheearly1900s,itseemedtoGopalKrishna Gokhaleasthoughthepeopleexistedsimplytoobey.22

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II
Beforeweproceedfurther,itmaybeusefultomakeabriefrefer encetothewayinwhichthegovernanceofIndiawasorganised inthelateeighteenthandtheearlynineteenthcenturies. Contrary to popular opinion, from 1784 onwards (if not fromanearlierdate),the EastIndiaCompanyhardlyplayeda majorroleindecisionsmadeinEnglandaboutIndia.Thejobof decisionmakingand,inmanyinstances,eventhefirstdrafting of the more crucial detailed instructions from 1784 onwards becamearesponsibilityoftheBoardofCommissionersforthe AffairsofIndia,setupbyanActoftheBritishlegislatureand composed of members of government, and was painstakingly executed by this Board till 1858. The change which 1858 broughtwastheeliminationoftheessentiallyclericalroleofthe Company and the entrusting of this taskalso toanexpanded establishmentinthe office of the Board and styling the whole thenceforward as the department of the Secretary of State for India. ThesupremeheadofBritishadministrationintheBengal Presidency was the GovernorGeneralinCouncil, who functioned through the several departments of Government, initially constituted in1785oninstructions fromthe Boardof CommissionersfortheaffairsofIndia.TheSecret,thePolitical, theMilitary,thePublic,theRevenue,andtheJudicialwerethe major departments, all operating from Fort William (i.e. Calcutta). The GovernorGeneralinCouncil (in the absence of the GovernorGeneral, the CommanderinChief acting as president)metonspecificdaysintheweektotransactbusiness intheparticulardepartmentandthedecisionsandordersmade were conveyed to the concerned subordinate bodies or individuals by the secretary of the concerned department who attendedthecouncilandmaintaineditsrecords.Besidesthese departments, the instructions of 1785 had also established severalBoards,subordinatetotheGovernorGeneralinCouncil, usuallyeachofthesepresidedoverbyamemberoftheCouncil, todirectandsuperintendsomeofthemoreextensiveactivitiesof Government.TheMilitaryBoardandtheBoardofRevenuewere the two most important amongst these subordinate Boards. (Correspondingarrangementshadalsobeeninstitutedin1785 intheMadrasandBombayPresidencies.)

27

Atthisperiod,thejobofthedistrictcollector(inBengal, Behar, Benares, etc.,) was mainly concerned with matters relating to revenue assessment and collection while the superintendence

28

of the police and the performance of law and order functions wereexercisedbya separateofficial termedthe magistrate of the particular district. Ordinarily, the collector corresponded withandreceivedhisinstructionsfromtheBoardofRevenue. The magistrate on the other hand corresponded with and receivedhisinstructionsdirectlyfromtheGovernorGeneralin CouncilintheJudicialDepartment.Boththecollectorandthe magistrate were independent and supreme in their respective sphereswithintheirjurisdictions.Itappears,however,fromthe nature of their respective links with the supreme presidency authority that the magistrate at this period had a slight edge overtheauthorityofthecollector.Benares,andperhapsmany other districts also, further had two other independent, and superior, authorities: the court of appeal and circuit, and the military establishments. Some aspects of their mutual relationships and also differences in approach clearly come throughinthedocumentsincludedinthisvolume. The documents in this volume, consisting of the correspondence between the various governmental authorities (These documents however do not include any correspondence on the
subjectofthisnarrative,ifanysuchexists,betweenthecourtofappeal andcircuitorthemilitaryauthoritiesinBenares,etc.,ontheonehand and the Government or the Military Board at the presidency on the

other.), describe a now mostly forgotten civil disobedience

campaign carriedout by the people of Benares, Patna, Sarun, Moorshedabad, and Bhagalpur against the British authorities during181011.ThisisthebestdocumentedpreGandhiannon cooperationandcivildisobediencecampaignthusfaruncovered. Forthisreason,itisbeingtreatedatsomelengthinthepages thatfollow. In1810,ontheinstructionsofthedirectingauthoritiesin England,theGovernmentofBengal(FortWilliam)decidedtolevy anewseriesoftaxesintheprovincesof Bengal,Behar,Orissa, Benaresand theCededandConqueredterritories(theselatter now constitute part of Uttar Pradesh). One of these, recommendedbyitsCommitteeofFinance,wasataxonhouses and shops. This tax was enacted on October 6, 1810 by RegulationXV,1810.Accordingtoitspreamble,theRegulation was enacted with a view to the improvement of the public resources and to extend to the several cities and principal towns in the provinces of Bengal, Behar, Orissa and Benares, the tax which for a considerable period, has been levied on houses, situated within the town of Calcutta. The Regulation

29

provided for alevy of five percenton the annual rent on all dwellinghouses(exceptthe

30

exemptedcategories)builtofwhatevermaterial,andalevyof10 percentontheannualrentonallshops.Wherethehousesor shops were not rented but occupied by the proprietors them selves,thetaxtobeleviedwastobedeterminedfromaconsid erationoftherentactuallypaidforotherhouses(andshops)of thesamesizeanddescriptionintheneighbourhood. The exempted categories included houses, bungalows, or other buildings occupied by military personnel; houses and buildingsadmittedtobereligiousedifices;andanyhousesor shops which were altogether unoccupied. The tax was to be collectedeverythreemonthsanditwaslaiddownthatwhenit remained unpaid thepersonaleffectsoftheoccupantshallin thefirstinstancebealoneliabletobesoldfortherecoveryofthe arrearoftax.Further,ifsomearrearstillremainedtheresidue shall be recovered by the distress and sale of the goods, and chattels of the proprietor. Though appeals were admissible against unjust levy, etc., to discourage litigious appeals, the judgeswereauthorisedtoimposeafine,theamountdepending onthecircumstances,etc.,oftheapplicant,onallthosewhose appealsmayproveoninvestigation tobeevidentlygroundless andlitigious. Thecollectorofthedistrictwasallowedacommissionof five per cent on the net receipts. Incidentally, such a commissionaccordedtothecollectorswasnotunusualatthis time. The collectors received similar commissions on net collectionsoflandrevenue. The total additional revenue estimated to arise from this tax was rupees three lakhs in a full year. Comparatively speaking,thiswasnotverylarge.Ofthetotalexpectedreceipts from the various new or additional levies enacted around this time,thehousetaxwastocontribute around tenpercent.In relation to the total tax revenue of the Bengal Presidency for 181011 (Rs.10.68 crores), most of it derived from the rural areas,thehousetaxamountwasinsignificant.Buttakenalong withtheotherleviesimposedaboutthistime,largeportionsof whichfellontheurbanareas,thistaxbecamearallyingpoint forwidespreadprotest.

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EVENTSATBENARES
TheprotestbeginsatBenares.AsBenareswasthenthelargest cityinnorthernIndiaandpossiblythebestpreservedintermsof traditionalorganisationandfunctioning,thiswasmostnatural. Also it may have been due to the Benares governmental authoritiesbeingmorepromptintakingstepstowardsenforcing thehousetax. Thefollowingwerethemainargumentsagainstthelevyof the tax,astheyemergefromthedocumentedcorrespondence, andfromthepetitionoftheinhabitantsofBenares(rejectedby the court of appeal and circuit, partly because its style and contentsweredisrespectful)23: (i) Former sooltauns never extended the rights of Government (commonly called malgoozaree) to the habitationsoftheirsubjectsacquiredbythembydescent ortransfer.Itisonthisaccountthatinsellingestatesthe habitationsoftheproprietorsareexceptedfromthesales. Thereforetheoperationofthistaxinfringesupontherights of the whole community, which is contrary to the first principlesofjustice. (ii)Itisclearthatthehousetaxwasenactedonlyforthe purpose of defraying the expenses of the police. In the provinces of Bengal and Behar, the police expenses are defrayedoutofthestampandotherduties,andinBenares the police expenses are defrayed from the land revenue (malgoozaree).Thenonwhatgroundsisthistaxinstituted? (iii) If the Shastra be consulted it will be found that Benarestowithinfivecossroundisaplaceofworshipand by Regulation XV 1810 places of worship are exempted fromthetax. (iv) There are supposed to be in Benares about 50,000 houses,nearthreepartsofwhicharecomposedofplaces ofworshipofHindoosandMussulmanandothersectsand housesgivenincharitybyMussulmanandHindoos. The taxontherestofthehouseswilllittlemorethancoverthe expensesofthe Phatuckbundee.Thentheinstitutionofa tax which is calculated to vex and distress a number of peopleisnotproperorconsistentwiththebenevolenceof Government. (v)Therearemanyhouseholderswhoarenotabletorepair

32

orrebuildtheirhouseswhentheyfalltoruinandmany

33

whowithdifficultysubsistontherentderivedtherefrom, howisitpossibleforsuchpeopletopaythetax? (vi) Instead of the welfare and happiness of your poor petitioners having been promoted, we have sustained repeated injuries, in being debarred from all advantages and means of profit and in being subject to excessive impostswhichhaveprogressivelyincreased. (vii) It is difficult to find means of subsistence and the stamp duties, court fees, transit and town duties which haveincreasedtenfold,afflictandaffecteveryonerichand poorandthistaxlikesaltscatteredonawound,isacause of pain and depression to everyone both Hindoo and Mussulman; let it be taken into consideration that as a consequence of theseimpoststhe priceof provisions has withinthesetenyearsincreasedsixteenfold.Insuchcase howisitpossibleforuswhohavenomeansofearninga livelihoodtosubsist? TheauthoritiesofBenaresappeartohavebeenthefirstin implementing the house tax regulation. Possibly, this promptness resulted from their being better organised with regard to civil establishment as well as military support. Whateverthereasonsfortheirspeedycompliancewithinamere sevenweeksafterthepassingoftheregulationthecollectorof Benares,astheauthorityresponsibleforlevyingandcollecting the house tax, started to take detailed steps towards the regulations enforcement. On November 26, he informed the acting magistrate of the steps he was taking to determine the assessmentoneachhouseandrequestedhimtoplacecopiesof theregulationintheseveral thanas forgeneralinformation.He further requested the magistrate for police support for his assessors when they began their work in the mohallas. On December6,thecollectorgavefurtherdetailstothemagistrate andrequestedspeedyassistancefromthe thannadars etc.The acting magistrate replying to the collector on December 11, informedhimoftheinstructionshehadissuedbutstatedthat for the time being he did not feel that the police should accompany the assessors. He, however, assured the collector that should any obstacle or impediment on the part of the householdersbeopposedtoyourofficersinthelegalexecution of their duties, I shall, of course, upon intimation from you, issue specific instructions to the officers of police to enforce acquiescence. (pp.5960) (Page numbers here, and on the following pages, refer to the page numbers od documents

34

reproducedlaterinthisvolume.)

35

Theassessmenthavingstarted,andmeetingwithinstant opposition,theactingmagistratethuswrotetotheGovernment atCalcuttaonDecember25: Ishouldnotbejustifiedinwithholdingfromtheknowledge oftheRightHonbletheGovernorGeneralinCouncil,that averyserioussituationhasbeenexcitedamongallranks and descriptions of the inhabitants of the city by the promulgationofRegulationXV,1810.(p.60) Aftergivingthebackgroundheadded: The people are extremely clamorous; they have shut up their shops, abandoned their usual occupations, and assembledinmultitudeswithaviewtoextortingfromme animmediatecompliancewiththeirdemands,andtopre vail with me to direct the collector to withdraw the assessors until I receive the orders of Government. With thisdemandIhavenotthoughtpropertocomply.Ihave signified to the people that their petitions shall be transmittedtotheGovernmentbutthatuntiltheordersof Governmentarrive,theRegulationmustcontinueinforce, andthatIshallopposeeverycombinationtoresistit.By conceding to the general clamour I should only have encouraged expectation which must be eventually disappointed,andhavemultipliedthedifficultieswhichthe introductionofthetaxhasalreadytocontendwith.(p.61) Threedayslater,onthe28th,hesentanotherreport: The tumultuous mobs which were collected in various placesbetweenthecityandSecrole,ontheeveningofthe 20thinstant,andwhichdispersedonthefirstappearance of preparations among thetroops, did notreassemble on themorningofthe26thandIwasinducedtohopethatthe people in general were disposed to return to order and obedience. Butintheafternoontheagitationwasrevived:anoathwas administeredthroughoutthecitybothamongtheHindoos and the Mahommedans, enjoining all classes to neglect theirrespectiveoccupationsuntilIshouldconsenttodirect the collector to remove the assessors and give a positive assurance that the tax should be abolished. It was expected that the outcry and distress occasioned by this general conspiracy would extort from me the concession theyrequired.The Lohars,the Mistrees,the Hujams,the

36

Durzees, the Kahars, Bearers, every class of workmen engagedunanimously

37

in this conspiracy and it was carried to such an extent, that during the 26th the dead bodies were actually cast neglectedintotheGanges,becausetheproperpeoplecould not be prevailed upon to administer the customary rites. Theseseveral classesof people,attended bymultitude of othersofallranksanddescriptions,havecollectedtogether at a place in the vicinity of the city, from whence they declare nothing but force shall remove them unless I consenttoyieldthepointforwhichtheyarecontending. (p.62) OnDecember31,theactingmagistratefurtherreported: Several thousands of people continue day and night collected at a particular spot in the vicinity of the city, where, divided according to their respective classes, they inflict penalties upon those who hesitate to join in the combination.Suchappearstobethegeneralrepugnanceto the operation of the Regulation, that the slightest dispositionevincedbyanyindividualtowithdrawfromthe conspiracy,ismarkednotonlybygeneralopprobriumbut evenejectmentfromhiscaste.(p.64) Theconspiracycontinueddespitealleffortsoftheauthori ties.Inthemeantimetheactingmagistratehadwrittentothe collector,aswellastotheseniorjudgeofthecourtofappealand circuitwhowassaidtohavehadmuchinfluenceontheRajahof Benaresandotherprincipalnatives,toreturnimmediatelyfrom theirtours.ThecollectorreturnedonJanuary1,1811andthe followingdayhetooreportedtotheGovernmentatCalcutta.The actingmagistratesubmitted: The combination formed against the introduction of the housetaxbecomesdailymoreextended,andhasassumed averyserious appearance.Thepeoplecontinue todesert the city, and collect in increasing numbers at the spot, wherethey haveresolvedto remain inexpectation ofthe ordersofGovernment:noassuranceonmypartoronthe partofthecivilauthoritiesatthisstation,hastheslightest effect. There is too much reason to apprehend that this combinationextendsthroughouttheprovince.TheLohars, whooriginallyassembledforanotherpurpose,soontooka principalpartintheconspiracyandhavecollectedherein great numbers from all parts of the province. The inconveniencesufferedinconsequencebyryots,threatens

38

seriousimpediment

39

to cultivation, and multiplies the number of the discontented.Atthesametime,thepeopleareintegratedto persevere by the notion which prevails, that the inhabitantsofothercitieshaveengagedtoconformtothe issueofthestruggleatBenares.(p.66) On the same day, the collector further elaborated onthe foregoing.Hewrote: Iamgiventounderstandthatconsiderablyabove20,000 personsaresitting(itmaybecalledDhurna)declaringthat theywillnotseparatetillthetaxshallbeabolished.Their numbers are daily increasing from the moffusil whence eachcastehassummoneditsbrethrenandadjuredthem touniteinthecause.Ifonepartybemoreobstinateand more determined upon extending the mischief than another, the Lohars, or blacksmiths, may be so charged, fortheywerenotonlythefirsttoconvoketheassemblyof theirnearbrethrenbuttheyhavefarandwidecalledupon other Lohars to join them with the intent that no implement of cultivation or of harvest (which is fast approaching)beeithermadeormended,andthusthatthe zamindarsandryotsmaybeinducedtotakepartwiththe malcontents,inshort,thatthewholeofthecountryshall directlyorindirectlybeurgedtoinsistontherepealofthe tax. With these Lohars, almost all other castes, sects and persuasionsareinleagueandIaminformed,underamost bindingoathamongsteachother. At present open violence does not seem their aim, they seem rather to vaunt their security in being unarmed in thatamilitaryforcewouldnotusedeadlyweaponsagainst such inoffensive foes. And in this confidence they collect andincreaseknowingthatthecivilpowercannotdisperse them,andthinkingthatthemilitarywillnot.(p.71) Referring to the links which the protest had with other townshestated: I have learnt from good authority thatthe inhabitants of PatnahavewrittentoBenarestotheeffectthattheyshall be guided by these. That being more numerous, the Benares city is better able to make exertions against the taxandifitshallsucceedinprocuringabrogationthecity of Azimabad would become exempted of course: in like

40

manner if the Benares city submits that Patna will immediatelyfollowitsexample.(p.73)

41

ByJanuary4,thesituationseemstohavequieteneddown and the acting magistrate had begun to be pleased with the resultofthestepshehadtakenofexertinghispressureonthe landholderstorecalltheLoharsandbytheassistancehehad receivedfromafewoftheprincipalinhabitants.Yethefelt: Much dependence however cannot at present be placed upon these favourable circumstances, for the religious orders of the people, and the men of rank and respectability,continueunalterableintheirresolution,and encourage the multitude to persevere by every kind of artificeandpersuasion.Theprincipalpeopleofeveryclass are compelled to eject all those who are detected in at temptingtowithdrawfromthecombination.Theyalsosend forthspiesinallpartsof the citytoseizethedelinquent andIhaveapprehendedmanyemployedupontheservice.I have of course inflicted upon such persons very severe punishment,butitdoesnotdeterothersfromcommitting similaroutrages.(p.68) By January 8, the situation appeared really to have changed to such an extent that it made the acting magistrate reportwiththegreatestsatisfactionthattheinhabitantsofthis citybegintobesensibleoftheinutilityanddangerofcontinuing in a state of insubordination to the authority of Government. Explaining thecircumstancesofthealarmingsituation which hethoughthehadovercome,hestated: The people of all description, collected according to their several classes in the vicinity of the city, had bound themselvesbyoathnevertodispersewithoutextortingthe objecttheywereextendingfor,andtheyseemedtoincrease dailyinnumbersandresolution.Theyemployedemissaries toconveyaDhurmPuttreetoeveryvillageintheprovince, summoningoneindividualofeachfamilytorepairtothe assemblyatBenares.Severalthousand Lohars, Koonbees, and Korees,wereenticedfromtheirhouses,andcollected herebytheexcitement.Atthesametime,theinhabitants continuedtowithdrawfromthecity,andeventhosewho wereunwillingwerecompelledtoabandontheirpursuits, to avoid the opprobrium and punishment denounced againstallandinflicteduponmany,whodeclinedjoining in the conspiracy. The individuals of every class, contributed each in proportion to his means, to enable themtopersevere,andconsiderablesumsofmoneywere

42

thus raised for the support of those, whose families dependedforsubsistenceontheirdailylabour.(p.69) Hefurtherexplained: Themultitudesthusassembledwereabundantlysupplied withfirewood,oil,andprovisions,whilenothinginthecity exceptgrainwasprocurable.Thereligious ordersexerted all their power over the prejudices of the people to keep them unanimous, and the combination was so general, that the police were scarcely ableto protect the fewwho hadcouragetosecede,frombeingplunderedandinsulted. (p.69) Referringtotheroleofthemullahs(boatmen)headded: Much public inconvenience was likely to arise from the mullahs being drawn into the conspiracy, the communication with the opposite bank of the river was almost interrupted and I was compelled to proclaim that everyboatabandonedbytheproprietorshouldbeforfeited toGovernment.Themullahsinconsequencesoonreturned to their duties. At the same time several persons of differentclassesemployedtoextendthecombinationwere detected by the police, and punished with exemplary severity.Theseexamples,oftenrepeated,beganatlengthto deter others from incurring the consequence of similar offences.(p.70) He ended with a reference to the additional factors of fatigue and privations which began to be felt seriously by all andoftheeffectofhisadvicethatitisonlybydispersingthat the people can expect indulgence from the Government. He concludedhisreportbystatingthathehadlittledoubtthatin the course of a few days this combination, now no longer formidable,willbetotallydissolved.(p.70) Bynowthereportsoftheearliersituationhadreachedthe Government at Calcutta. The event was first noticed by the GovernorGeneralinCouncil on January 5, when after acknowledgingthereceiptsofthereportsuptoDecember31as wellasthepetitionswhichhadbeenreceivedfromBenares,the Government observed that it did not discern any substantial reasons for the abolition of the tax and thought it would be extremely unwise to sacrifice to riot and clamour a tax, the abolition of which is not dictated by any considerations of generalpolicy.Afterapprovingthemeasurestakenbytheacting magistrate,theletterfromGovernmentadded:

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Youwillofcoursetakethesameopportunityofimpressing ontheirmindstheseriousevils,whichtheyareliableto

44

bring upon themselves by further perseverance in resistance to the authority of Government. It may at the same time be expedient to apprise them that with every disposition to afford to the people every reasonable indulgenceandtoprotectthemintheenjoymentofevery right, the GovernorGeneralinCouncil never can yield to lawless combinations or to attempts made to enforce a compliancewiththeirapplicationsbytumultuarymeetings andproceedings.(p.74) The reasonable indulgence to be afforded was that the peopleshouldberelievedfromthePhatuckbundeewhichthey contributed, collected and defrayed for the repair of gateways and the payment of chokeydars on their own volition and accordingtotheirownarrangements,andthatitsexpensesin future should be defrayed from the general resources of Government. News of this indulgence was to be conveyed to themafterconsultationandappropriatearrangementswiththe military authorities, simultaneously to the conveying of the sentimentsexpressedintheforegoingpassage. Onthe receiptof the reportof January2,whichpointed out the seriousness of the situation, the Government sent furtherinstructionsonthe7thaboutthemanneroftheuseof the military force. Feeling that a proclamation issued by the direct authority of the Government itself may be of service in reclaimingthepeopleorinappraisingthemoftheevilswhich they may bring upon themselves by a further perseverance in thoselawlessmeasures,itenclosedaproclamationleavingthe discretionaboutthetimeofitsusetotheBenaresauthorities. After declaring that the Government did not discern any substantial reasons for repealing the provisions of that Regulation, the proclamation added that orders have been issued to the officer commanding the troops to support the magistrate and collector in the discharge of that duty, and concluded: It is with deep concern that the GovernorGeneralin Councilfeelshimselfobligedtowarntherefractorypartof the community of the serious evils, which under the foregoingorders,theyareliabletobringuponthemselves by a further perseverance in their present seditious conduct.ThedispositionoftheGovernmenttoattendtoall reasonableapplicationsandtoaffordequalprotectiontoall classesofpeopleisuniversallyacknowledgedbutitnever can be induced toforego whatithas deemed ajustand

45

reasonable exercise of its authority in consequence of unlawfulcombinationandtumult.(pp.767)

46

Between January 7, the date of the proclamation, and January11(asreportedintheirRevenueletterofFebruary12, 1811tothedirectingauthoritiesinEngland),itappearedtothe GovernorGeneralinCouncilonmatureconsiderationthat the tax was susceptible of some modifications as calculated to obviate any just grounds of complaint on the part of those classesofthepeople,whofromtheirsituationinlife,weremost liabletobeaffectedbyitsoperation.Consequently,onreceiptof the somewhat encouraging report of January, 4 from the magistrate,theGovernmentthroughtheirtwolettersofthe11th drew the attention of the Benares authorities to the section pertainingtoreligiousedificesandfurtherdecidedtoexemptthe dwellingsofthelowestordersofthepeoplewhoseproducefrom theveryinconsiderablevalueofthebuildingscouldnotbean objecttoGovernment.Withregardtotheconveyingofthenews oftheseindulgencestothepeopleitadded: Previously to communicating the present orders to the differentclasses of the people,who maybe benefittedby theiroperationyouwillnaturallyconsiderinwhatmodeit canbedone,withoutcompromisingthepublicauthorityor weakeningthesentimentsofrespectwhichitissoessential thatthecommunityshould feel,especiallyatthepresent juncture,fortheGovernment.(p.79) Theinstructionsinconclusionadded: His LordshipinCouncil would hope that the people may have shown themselves deserving of the indulgence proposedtobeextendedtothembytherelinquishmentof their late seditious and criminal designs and by a just submissiontopublicauthority.(p.79) Government orders of January 5, wholly rejecting the petitions, were communicated tothe people of Benares on the 13th.Fromthe14thpeoplebeganagaintocollecttogether.By now the Government proclamation of the 7th had reached Benaresandthinkingthatitwouldbeofserviceinreclaiming the people from their unjustifiable proceedings, the acting magistrate,ashereportedtoGovernmentonthe18th,proposed topublish it. Theofficercommanding the troopshowever did notconsiderhimselfinastatetoaffordthesupportrequiredtill he had received reinforcements from Lucknow. By now the orders of Government of the 11th (excusing religious edifices, etc.,fromthepaymentofthetax)hadalsoreachedtheBenares authorities,buttheactingmagistratefelt:Aslongasthepeople

47

persevereinthese

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unjustifiable proceedings, they are totally undeserving of indulgence, and it is impossible to communicate to them the benevolentintentionsoftheGovernment.(p.81) Twodayslater,onthe20th,themagistratereportedlittle alterationinthesituationandsawlittlereasontohopeforany veryfavourablechange.Hewasanxiousfortheadditionalforce to arrive, so that he may carry into effect the orders of Government particularly as he felt, it becomes everyday an objectofgreaterimportancetodispersethepeople,andcompel them to put an end to their seditious and unwarrantable proceedings.Hefurtheradded: Icannotbutfeelveryforcibly,thatsuchastateofthings beingpermittedtocontinueindefianceofpublicauthority, has already weakened, and weakens daily still more and more,thosesentimentsofrespect,whichitissoessential thatthecommunityshouldentertainforthegovernmentof thecountry.(pp.856) Inthesameletterhereported: Soon after the resolution of Government not to rescind Regulation XV, 1810 was promulgated, inflammatory papers of the most objectionable tendency appeared placardedaboutthestreets.Ihavethehonourtoenclose copies of two of these papers to be laid before the Government.Ihaveofferedarewardof500Rs.forevery manonwhomsuchapapermaybefound,andhopethat thiswillnotbethoughtmoreconsiderablethanthenature andexigencyofthecaserequired.(p.85) The massive measures taken by the authorities had, however,beguntoerodetheunityandconfidenceofthepeople and the despondency of the magistrate was rather misplaced. Within a few days of the foregoing report, the impact of the variouseffortsoftheBenaresauthoritiesbecameapparent.As the magistrate reported later, the people had proposed to proceedinabodytoCalcutta,throughallthecitiessubjectin common with themselves to the house tax, and that, they determinedthattheproprietorofeveryhouseinthecityshould either go himself, or send a person to represent him, or contribute,inproportiontohismeans,todefraytheexpensesof thosewhomightbedisposedtogo.Butheexplained: When it came to the point, few were found disposed to undertake a journey on which they were likely to be

49

obstructed,norweretheywillingtocontributetopromotea

50

scheme, the object of which, they were fully convinced, wouldneverbeaccomplished.(pp.867) Meanwhile, another petition, presented this time to the courtofappealandcircuit,broughttheverdict: Thispetitionhasbeenpresentedonthepartofthepeople who are determinately engaged in mobs and assemblies contrarytotheregulations,whichishighlyimproper,also the style and contents of this petition are disrespectful whichisanadditionalreasonfornotallowingofit.(p.90) Allthesedevelopments,accordingtothemagistrate,ledto dissension,withdrawalofsupportandconsequentlytoageneral breakdown of the peoples morale. In such a situation the servicesofsomeoldandfaithfulpublicservantscreatedfurther embarrassmentsforthepeopleandultimatelymadethemseek, throughthemediumoftheRajahofBenares,theindulgenceof theGovernment.Yetthoughthepeoplehadbeenhumbled,the situation was far from normal. The acting magistrate in his report of January 28, therefore, suggested a general pardon, particularlyastheheartsofeverymaninthiscityareunited withthemandasenoughperhapshadbeenalreadydonefor thesupportofthepublicauthority. Taking note of the report of the acting magistrate, the GovernmentonFebruary4,expresseditsgreatsatisfactionat the submission of the people, gave highest approbation to the conductoftheactingmagistrate;decidedtobestowkhelautson personswhohadsupportedtheGovernmentcause;andagreed to the suggestion of the magistrate that the Phatuckbundee shouldremainundisturbedandinplaceoftheearlierorderof Government,remissionofanamountequaltoitscollectionmay beallowedfromtheassessmentofthetaxonhousesandshops to those who contributed to the Phatuckbundee. Disagreeing with the general pardon suggested by the magistrate, the Governmentstated: The GovernorGeneralinCouncil does not discern any substantial grounds for granting a general pardon to the people of Benares for their late unwarrantable and seditious proceedings. On the contrary, His Lordshipin Council is of opinion, that public justice and obvious expediency of preventing by seasonal examples the recurrenceofsuchevilsinfuture,requirethatthepersons, who have been chiefly instrumental in exciting the late disturbances,shouldberegularlybroughttotrialforthat

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offence.(p.91)

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Atthesametime,itinstructedtheactingmagistratethat theprosecutionsneednotbenumerous. Meanwhile, the humbling process, initiated through the Rajah of Benares and the other loyal and faithful public servants went further. On February 7, the acting magistrate forwardedtotheGovernmentapetition,presentedtohimbythe Rajah of Benares in the name of its inhabitants. This he described as an ultimate appeal by means of which the petitioners,inthewordsofthepetition,presentthemselvesat last before His LordshipinCouncil and humbly represented that disobedience was never within our imagination. Instead, they added, in implicit obedience to the proclamation of the magistrateofJanuary13astothedecreeoffate,wegotup,and returnedtoourhomes,infulldependenceupontheindulgence oftheGovernment. The Government however still did not think proper to comply with the application of the inhabitants to a greater extent than will be done by the operation of its orders of January 11. This order of Government, along with the information of the earlier modifications, was conveyed a week later,onFebruary23,totheRajahandprincipalinhabitantsof Benares by the magistrate, who in his proclamation to the inhabitants of Benares, of the same date, concluded with the view, that no ground now remains for the complaint or discontent. The people in general, notwithstanding their having submittedtotheordersofGovernmentastothedecreeoffate as stated in their petition submitted through the Rajah of Benares, did not share the magistrates view and exhortation. Nearly a year later, on December 28, 1811, the collector reported: AtanearlyperiodIdirectedmynativeofficerstotenderto allthehouseholdersortenantswhosehouseshadalready beenassessed,anotepurportingthecomputedrateofrent ofeachhouse,andtherateoftaxfixed;andIissuedatthe same time a proclamation directing all persons who had objectionsofanynaturetooffertotheratesofrentortax mentioned in such note to attend and make known the samethateverynecessaryenquirymightbemadeandall consistent redress afforded. In the above mentioned proclamation,Ifixedadayintheweekforspeciallyhearing such cases and repaired to the city for that purpose.

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Neither would any householders or tenants receive such note nor did any one attend to present petition or offer objection.

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The most in sullen silence permitted the assessors to proceedastheypleasedrigidlyobservingtheruletogiveno informationortoansweranyquestionsrespectingthetax; in determination that they would not in anywise be consentingtothemeasure,thattheassessorsmightassess and the executive officers of the tax might realise by distraintofpersonalorrealproperty;theycouldnotresist buttheywouldnotconcur.(pp.99100) But, as a consolation for the authorities the collector added: A few exceptions were found in some of the principal inhabitants of the city either inthe immediate employ of Government or in some degree connected with the concerns of Government or otherwise individually interestedinmanifestingtheirobedienceandloyalty.These personswaitedonmeanddeliveredinastatementoftheir housesandpremisesandtheactualorcomputedrentof the same and acknowledged the assessment of tax. (p.100). Yetsuchexceptionsdidnotseemtoconsolemuchandin concluding his report, the collector strenuously urged as an indispensable measure of precaution, that no collection be attemptedwithoutthepresenceofamuchlargermilitaryforce thanisnowatthestation.(p.101) Such withholding of concurrence and cooperation was apparentevenearlierinFebruary.Whileforwardingtheultimate appealoftheinhabitants,theactingmagistratehadstated: I believe the objection which they entertain against the measure inquestion, is pointed exclusivelyatthe nature andprincipleofthetax,andnotintheleastattherateof assessmentbywhichitwillberealised.Theinhabitantsof this city appear to consider it as an innovation, which, according to the laws and usages of the country, they imaginenogovernmenthastherighttointroduce;andthat unless they protest against it, the tax will speedily be increased,andtheprincipleofitextendedsoastoaffect everything which they will call their own. Under the circumstances, I fear, they will not easily reconcile themselvestothemeasure.(p.93)

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EVENTSATPATNA
Nowtoturntotheothertowns.AsstatedbytheBenarescollec tor in his letter of January 2, the inhabitants of these other townsseemedtohavebeenwatchingtheeventsatBenares.On January 2, the magistrate of Patna forwarded 12 petitions regarding the house tax from the citys inhabitants, the Government informing him on the 8th of their rejection, but cautioningthemagistratetousegentleandconciliatorymeans in stopping the inhabitants from convening meetings or petitioning while the discussion is depending at Benares. It howeverinstructedhimtousethevariousmeanshepossessed underhisgeneralpowersandinstructedhimtoreportwithout delay to Government any tumultuary meetings or illegal cabals.

EVENTSATSARUN
Aweeklater(January9)itwastheturnoftheSarunmagistrate towritetoGovernment; he notonly forwardedapetition from theinhabitantsbutstated: When the collector deputed assessors to arrange the assessmentastillgreaterdegreeofalarmwascreated;and notwithstanding all I could do all the shops of every description were actually shut up, and there was every indicationofsomeveryseriousdisturbancestakingplace. (p.103) Explaining his reasons for suspending the making of the assessment,headded: As there is no military force at this place, and I was apprehensiveofactsderogatorytotheauthorityofGovern ment being committed, I was induced to request the collectortosuspendthearrangementoftheassessmenttill IcouldreceiveinstructionsfromGovernment.(p.103) TheinstructionsfromGovernmentthatnoencouragement maybegiventotheinhabitantsofSaruntoexpectanygeneral relinquishmentofthetaxexceptwhathadbeendeterminedas modifications on January 11, were sent on January 18. The Governmentfurtherobserved: The GovernorGeneralinCouncil is unwilling to believe

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thattheinhabitantsofSarunwillattempttoofferanyopen resistancetotheestablishmentofthetax.(p.104) Notwithstandingsuchbeliefitdirected:

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Should circumstances however render it actually necessary, you will of course apply to the officer commandingthetroopsatDinaporeforsuchmilitaryforce asmayberequisitetosupportthepublicofficersingiving effecttotheregulationsandordersofGovernment.(p.104)

EVENTSATMOORSHEDABAD
Similar sentiments and exhortations and instructions were repeated on March 2 in the case of Moorshedabad, but the situation here was more serious. On February 25, while enclosing two petitions from the inhabitants the magistrate reported: Rumoursofacombinationamongtheprincipalmerchants toavoid,ratherthanopposethetax,bywithdrawingfrom their houses, reached me some days ago. The plan was carriedintoexecutionbysomeoftheleadingmen,andby moreofinferiornote,butIamhappytoadd,thatIhave prevailedonthemtoreturntotheirhouses.(p.105) Findingthatthedispositiontoleavethecitywasgaining ground,hewrote,Ihavedeemeditmyduty,objectionableas thelanguageis,toforwardthepetition,andinreturnforthis concessionthoseMahajanswhohadtakenuptheirresidencein thefields,promisedtoreturntotheirhomes.Theobjectionably wordedpetitionstated: BytheblessingofGod,theEnglishGentlemenknow,that nokingoftheearthhadoppressedhissubjects,andthe Almighty preserves his creatures from harm...For some years it has been our unhappy fate to suffer both from affliction and oppressions. First from the prevalence of sickness for several successive years, the city has been depopulated,somuchso,thatnotonehalfoftheinhabit ants remain...The oppression of the Town Duties and Customsissogreat,thatpropertyofthevalueof100Rs. cannotbepurchasedfor200,therateofdutyisincreased twofoldandevenfourfold,andifanyonewishtoremove property from the city to its environs, he cannot do it without the payment of a fresh duty...Fourth, order has beenpassedforlevyingataxonhousesandshops,which isanewoppression...theorderoftheGovernmenthasin truthstruckuslikeadestructiveblast.(pp.1067) Concluding his report, the magistrate added: The

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discontentcausedbythehousetaxis,Iamconvincedtoadd,

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very deep and very general, for it extends over all ranks and descriptionsofpeople.HethereforesolicitedtheGovernments instructionsintheeventofitsbreakingoutintoaferment. There seems to have been no actual breakout of the discontentasfearedbythemagistrateofMoorshedabad.Butas revealed at the time of the events in Bhagalpur, neither was thereanycollectionofthetaxanywheretillsevenmonthslater. On October 19, the subject was reopened for another considerationthroughalettertotheGovernmentfromaretiring senior member of the Board of Revenue who simultaneously operatedassecretarytotheJudicialandRevenueDepartments and was a party to all the foregoing orders and instructions beingissuedunderhissignature.Referringtothehousetax,he wrote: From the experience hitherto obtained on the subject, it appears clear that the tax cannot be an object to GovernmentexceptatthecityandsuburbsofCalcutta.At otherplaces,(atleastatthecities)Iamledtobelieve,from all that I have heard on the subject, that a considerable degreeofirritationstillprevailsonaccountofthetax,and thatyearsmustelapsebeforethatirritationwillaltogether subside.(p.143) Consequently,asthisimpliedthesacrificeof2or3lacsof rupees only, he suggested the discontinuation of the tax to conciliate the affection of the large bodies of people. The suggestionwasacceptedbytheGovernmentonOctober22,and itinformedtheBoardofRevenue: TheVicePresidentinCouncilissatisfiedattheexpediency ofabrogatingthetaxonhousesestablishedbyRegulation XV,1810andwiththatviewispleasedtodirect,thatinthe first instance the process of assessment at the stations whereitmaynothavebeencompletedbestayedandthat the collection of the tax where it may have been com mencedbestopped,withexceptionhoweverofanyplaces at which commotions originating in a resistance to the operationofthetax,mayexistattheperiodofthereceipt ofthepresentorders.(p.144) Itfurthercalledforreportsfromthedistrictcollectorson the situation in their districts to be submitted to the Government,whoonthereceiptofthemwillpassordersforthe final abrogation of the tax, unless the existence of any open oppositionsshouldrenderitnecessaryeitherwhollyorpartially

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toenforcethecollectionofit.

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EVENTSATBHAGALPUR
Great opposition to the tax was however manifested in Bhagalpuratthistime.OnOctober2,thecollectorofBhagalpur reported: The day before yesterday, being Monday, the 30th September,thecollectionwastohavecommencedbuton theappearanceofthe tahsildar,theyoneandallshutup shops and houses. Yesterday, the officers of Government wereunabletomakeanyprogressintheirbusiness,andin theeveningwhileIwasdrivingoutinmycarriage,several thousandsoftheinhabitantswerestandingoneitherside of the road. They neither committed nor offered any violence, but poured forth complaints of the hardness of theirsituation,andclamorouslydeclaredtheirinabilityto paythetax.(p.109) This was further corroborated by the magistrate, in his letter to Government on the following day. After detailing the factsoftheshuttingoftheshops,themagistratestated: Iconsequentlyyesterdaymorningsummonedtheprincipal peoplebeforemeandexplainedtothemtheimproprietyof theirconductandhowuselessitwasforthemtoresistthe orders of Government. They however declared in a body thattheywouldgiveuptheirhouses,andleavethetown, but never would consent voluntarily to pay the tax, the nature of which had not even been explained to them. (p.112) Themagistrate,however,addedthatnotwithstandingtheir opposition, theywerereadytopayit whenever the collections shouldcommenceatMoorshedabad,oranyadjacentzillahand he,therefore,deemeditadvisabletoaskthecollectortosuspend thecollectionforafewdays.Thecollectorresentingtheinterfer enceofthemagistrate,andthinkingthatthemagistratessetting himself,againstitsoperationinitsveryfirststage,becausea lawlessrabbleassembles,isstrikingattherootofthatpower, which the Government ought to possess over the subject, soughttheguidanceoftheGovernment.TheGovernmentinits deliberationsonthesubjectofOctober11,concurredwiththe collector and expressing its disapproval of the conduct of the magistrate feltthat the steps he had taken insuspending the collection of the tax was naturally calculated to excite a

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combination among the inhabitants of Bhaugulpore, and the inhabitantsofMoorshedabad,Patnaandotherplaces.Itordered themagistrate

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to withdraw the order forthwith in the most public manner possibleandtoaffordeveryaidandsupporttothecollectorin regardtothecollectionofthehousetax.(pp.1134) The order reached Bhagalpur around October 20. At 10 p.m.onthe21st,thecollectorinformedtheGovernment: Iamsorrytoacquaintyouthatincarryingintoexecution the collection of the house tax I was this evening most grosslyassaultedinmycarriage.Bricks,stoneandevery descriptionofoffensivemissilewashurledatmyhead. Iammostseverelycutinmyface,andinmyhead:and had I not affected my escape into Mr. Glasss house, nothingonearthcouldhavesavedmylife.(p.114) Theaccountofthisparticularincidentasreportedbythe magistrateandbyhisassistant,thelateractingmagistrate,was wholly different. In his letter of November 15, the magistrate statedthathehadeveryreasontobelieve(andthisisalsothe opinionoftheothergentlemeninthetown),thathadhe[i.e.the collector] not irritated the mob, by flogging them, the assault never could have taken place, and further that the collector deviatesfromthetruthwhenhestatedtotheGovernmentthat hewasassaultedincarryingintoexecutionthecollectionofthe housetax.Suchstatementsatthisstage,however,appearedto the Government as taking advantage of a mere inaccuracy of expressionemployedinthepreparationofahurriedandurgent despatch. Even the belated recognition of a mere inaccuracy of expressiondidnotexistonthedaytheGovernmentatCalcutta received the express communication of the collector reporting theassaultonhimselfincarryingintoexecutionthecollection of the house tax.Itimmediatelyadopted adetailedresolution recalling its earlier order of October 11, and suspended the magistrate, as it felt that the native inhabitants of Bhagalpur would not have ventured to offer the insults and outrages, described in the foregoing letter, to the collector and in his person to the Government itself, had the magistrate adopted necessaryprecautionsforthemaintenanceofthepublicpeace and for the due support of the collector with regard to the collectionofthehousetax.Itfurtherdecided,asitinformedthe directingauthoritiesinEnglandonOctober29,1811,todepute anofficerofgreaterfirmnessandactivitytotakechargeofthe magistratesofficeanddesiredthepersonsodeputedtomakeit anobjectofhisparticularattention toenforcepaymentofthe

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tax.Thisdirection,

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incidentally, as stated previously, had four days earlier been preceded with the Governments view of the expediency of abrogatingthetax.Finally,itrequestedthemilitaryauthorities toarrangethesendingofadditionalmilitaryforcetoBhagalpur with the view of supporting the collector and the officers of policeinthedischargeoftheirpublicduty,iffeltnecessaryby them. TheresolutionoftheGovernmentwasoflittleconsequence tothe immediateevents atBhagalpur,asit did notreachthe localauthoritiesbeforethepeoplesprotestswereputdown.Yet the overcoming or crumbling of opposition or resistance had caused considerable headache and anxiety to the local authorities.Someofitarosefromthedivergentviewsheldbythe collectorandthemagistrateabouthowtohandlethesituation: thecollectorstoodforeffectiveandvigorouseffortinsupportof the authority of Government, while the magistrate, who had actual responsibility for police and military action, tended to followaquieterandsomewhatlessviolentcourse. Regarding the meetings of the people on the 22nd, the magistratereportedonthe24th: [I]sentforsometroopstomeetmeatShahjunghy,whither I proceeded after waiting a short time to allow them to arrive. We there found about eight thousand persons assembled,buttotallyunarmed.Theprincipalofthemkept in the centre of the crowd so that it was impossible to apprehendthem,andasIwasinformedonthespotwere performing funeral ceremonies. They, however dispersed afterhavingbeenrepeatedlytoldthatiftheyremainedthey would be fired at. They then requested permission to present a petition the next morning which I agreed to receivegivingthemfullytounderstandthatthecollection of the tax would not be suspended, nor the petition receivedunlesspresentedtomeincourtinaregularand respectfulmanner.Afterthedispersionsthereremaineda numerous rabble consisting partly of weavers and other artificers,therestoldwomenandchildren.Ispoketosome ofthemwhoexpressedanapprehensionthatiftheybegan todispersethosewhoremainedlastwouldbefiredupon. But on being assured that this would not be done they agreedtodisperse,lefttheplaceatthesametimewedid, andreturnedrespectivelytotheirhouses.(pp.122) Further,thecommandingofficeroftheHillRangersstated:

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When the principal people retired last evening, the remaining partofthemob,womenandtheirchildrenseemedtohaveno dread of the consequence of firing among them, but rather soughtit.Headvisedthe magistrate tohaveallthedesirable forcepresentwhenthepeoplecametopresentthepetition,or betternottoreceivethembuttodesirethattheirarzeemaybe sent to you when you can act accordingly. Next day, the magistratereportedtotheGovernmentthathehadnoaccount ofthepetitionmentionedtheeveningbefore.Ontheeveningof the23rd,distraintwiththesupportofthemilitarywasresorted to and as the collector reported 24 hours later last nights transactionhasindeedchangedthefaceofthings.Meanwhile, the magistrate had also taken other measures and further requestedthemagistratesofadjacentdistrictstopreventpeople proceeding from your district to Bhaugulpore in bodies exceeding the number of ten and to intercept all arms which maybesupposedtobeintendedforBhaugulpore,andfurther tointerceptallnativecommunicationsofasuspicioustendency andforwardthesametohim.Someconfusion,however,arose soon after this pacification. Following the resolution of the GovernmentofOctober22,regardingitsintentionofsuspending the collection of the house tax, the Board of Revenue had informed the Bhagalpur collector to discontinue the collection. SuchinstructiontoBhagalpurevokedstrongcensurefromthe Government,andthecollectionofthetaxwasresumed. In January 1812, it was reported that the European residentsofBhagalpurdeclinedtopaythehousetax.Asitwas feltbyGovernmentthattheywereinnorespectimplicatedin thecircumstanceswhichrenderedthecontinuanceofthehouse taxnecessaryatthatstation,thecollectorwasinstructednotto enforcepaymentofthehousetaxfromtheEuropeansresidingin that district. Still earlier, the European residents from the suburbsofCalcuttahadalsorefusedpaymentofthetaxandthe advocategeneral opined that he was doubtful if it could be enforced on them through distraint of property. Consequently, its operation from the suburbs of Calcutta, where the Government had earlier intended to continue it even after its abrogationinothercitiesandtowns,wasalsosuspended.While communicatingthisorderonJanuary21,1812,theGovernment further informed the Board of Revenue that the Governor GeneralinCouncilhasitincontemplationtopassaRegulation forabolishing RegulationXV,1810.TheabolishingRegulation waspassedonMay8,1812,asRegulationVII,1812.

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The first intimation of the protests arising from the imposition of the house tax was conveyed to the directing authorities in London by the Bengal Government through its Revenue letter of February 12, 1811. Its receipt and considerationledtothepreparationofDraftNo.218of181112 on May 23, 1812. A passage in the original draft (which was expungedbytheBoardofCommissionersfortheAffairsofIndia inthefinalstages,onlyforthereasonthatitbecameredundant duetotheintendedabrogationofthehousetax),ranasfollows: Havingmostattentivelyandseriouslydeliberateduponthe subject, as you must be convinced from the present discussion, we should have felt inclined to direct the abolition ofthehouse tax. Butfromanapprehensionwe entertain that this measure might be mistakenly consid ered as originating in a disposition on the part of your Government to yield to the influence of popular clamour...weare willing thereforeto hope that under the modifications which you had it in contemplation to adopt...the same has, since the date of your letter been quietlycollected.(pp.1701) Thispassagefurtherstated: But if notwithstanding these modifications...it has continued to be obnoxious...we think youought toadopt the most speedy measures for its repeal, and which you think it will be possible for you to carry into execution, without compromising in too conspicuous a manner the authorityofGovernment.(p.171) But there was really little need for communicating such sentiments to Calcutta. The Government in Calcutta had a similarviewandwhollysharedthesentimentthatanyrepealof the tax should only be carried into execution, without compromising in too conspicuous a manner the authority of Government. Months before London prepared and considered the relevant dispatch, the Revenue letter from Bengal of December14,1811hadstated: Argumentsindeedwerenotwantingforthecontinuanceof the tax, founded on the necessity of supporting the authority of Government and repressing the spirit of resistancewhichhadbeenmanifestedtotheexerciseofits legitimatepowers.TheinhabitantsofBenareshoweverhad long ago yielded an unconditional submission to public authority; and exclusively of that consideration it will be

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observed,thatweneitherintendedtoproceedtothe

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immediateabolitionofthetax,nortoextendthebenefitsof thatmeasuretoanyplaceatwhich(tousethetermsofour instructions to the Board of Revenue) commotions originatinginaresistancetotheoperationofthetaxmight existattheperiodofthereceiptoftheseorders.(p.157)

III
Thisstoryofthe181011protestinBenaresandothertowns,as itemergesinmorevividdetailfromthedocuments,seemsnot really very different from what has happened during the non cooperationandcivildisobediencemovementsofthe1920sand 1930sindifferentpartsofIndia.Itmay,however,beworthwhile heretorecapturethemainelementsofthe181011happenings atBenaresandotherplaces. The immediate cause of the protest was the levy of the housetax.Yetunhappinessandrevulsionhadbeensimmering for a considerable time previous to this levy. By 1810, these areashadbeenunderBritishdominationforabout50yearsand the people ingeneral (whether atBenares, Bhagalpur or Mur shedabad) had begun to be apprehensive of the doings of Government.AsstatedbythepeopleofBenares,thelevyofthe house tax felt like salt scattered on a wound. The people of Murshedabad felt it like a new oppression and stated that it hadintruthstruckuslikeadestructiveblast. The main elements behind the organisation of civil disobedienceatBenareswere: 1. Closingofallshopsandactivitytotheextentthateven the deadbodieswere actuallycastneglectedintothe Ganges, because the proper people could not be prevailed upon to administerthecustomaryrites.(p.62) 2. Continuous assemblage of people in thousands (one estimate24 puts the number at more than 200,000 for many days)sittingindhurna,declaringthattheywillnotseparatetill thetaxshallbeabolished.(p.71) 3. The close links made by the various artisans and craftsmen with the protest through their craft guilds and associations.

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4. The Lohars,atthattimeastrongandwellknitgroup, takingthelead,callinguponother Lohars indifferentareasto jointhem.(p.71) 5. AtotalclosedownbytheMullahs(boatmen).(p.70) 6. Theassembledpeopledwhoboundthemselvesbyoath nevertodispersetilltheyhadachievedtheirobject.(p.69) 7. ThedispatchofemissariestoconveyaDhurmPuttreeto everyvillageintheprovince,summoningoneindividualofeach familytorepairtotheassemblyatBenares.(p.69) 8. Individuals of every class contributed each in proportiontohismeanstoenablethemtopersevere,andfor the supportof those, whose families depended for subsistence ontheirdailylabour.(p.69) 9. Thereligiousordersexertingalltheirinfluencetokeep thepeopleunanimous.(p.69) 10.Thecombinationwassogeneral,that,accordingtothe magistratethepolicewerescarcelyabletoprotectthefewwho had courage to secede, from being plundered and insulted. (p.69) 11.Thedisplayingofprotestingpostersaboutthestreetsof Benares.Themagistratecalledtheminflammatorypapersofthe mostobjectionabletendencyandofferedarewardofRs.500for everymanonwhomsuchapapermaybefound.(p.85) Regardingthepeoplesownviewoftheunarmedresistance theyhadputup,thecollectorreported:Openviolencedoesnot seemtheiraim,theyseemrathertovaunttheirsecurityinbeing unarmedinthatamilitaryforcewouldnotusedeadlyweapons againstsuchinoffensivefoes.Andinthisconfidencetheycollect andincrease,knowingthatthecivilpowercannotdispersethem, andthinkingthatthemilitarywillnot.(p.71)Thetakingofsuch steps seems to have come to them naturally. Further, their protesting in this manner in itself did not imply any enmity between them and state power. It is in this context that the rejected petition quoted some prevalent saying: to whom can appealforredressofwhatIhavesustainedfromyou,towhom buttoyouwhohaveinflictedit.Theconceptofrulerruledrela tionshipwhichtheyseemtohaveheld,andwhichtillthenhad perhaps been widely accepted, was of continuing interaction betweenthetwo.Suchadialogueseemstohavebeenresortedto whenever required, and its instrumentalities included all that thepeopleofBenaresemployedinthisparticularprotest.

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It was, perhaps, only belatedly that the people of India begantocomprehendthefutilityofsuchtraditionalprotestsin relation to authorities wholly subscribing to an alien value systemandwhothushadnothingincommonwiththemselves. Sucharealisationontheonehand,wouldhavemadethemturn toviolence;andontheother,reducedthemmoreandmoreto passivityandinertness. The happenings at Patna, Saran, Murshedabad (though seeminglyoflesserintensity)andatBhagalpurappeartobeof thesamenatureandsimilarlyconductedasatBenares.Evenat Bhagalpur, where the collector, seemingly forgetting where he was, began to mete out summary justice in the manner of contemporaryBritishjusticesof thepeace,the people, though enraged, remained peaceful. They continued assembling in thousands, totally unarmed and even the women, and their childrenseemedtohavenodreadoftheconsequencesoffiring amongthem,butrathersoughtit. Ifthedates,(181012)werejustadvancedbysome110to 120years,thenameofthetaxalteredandafewotherverbal changesmade,thisnarrativecouldbetakenasafairrecitalof most events in the still remembered civil disobedience campaigns of the 1920s and 1930s. The way the people organisedthemselves,themeasurestheyadopted,thestepsthey took to sustain their unity and the underlying logic in their mindsfromwhichallelseflowedareessentiallysimilarinthe two periods. (It is by no means implied here that there are no
differencesatallbetweenthenoncooperationandcivildisobediencein 181011andwhatistermedasSatyagraha.Toanextenttheconceptof satyagraha,sincethistermwascoinedbyMahatmaGandhihasbecome moreandmoreinvolved.Formany,itcannotberesortedtobebyany who have not been trained to an ashram life etc. But ordinarily satyagrahacanonlymeannoncooperationandcivildisobedienceofthe type resorted to in Benares in 181011. And when Gandhiji recommended to the Czechs and the Poles to resort to satyagraha, it could only have been this Benares type of protest (suitably modified accordingtotheirtalents)whichhehadinmind)

Thereisonemajordifference,however.Whilethepeoplein 181011 could still act and move on their own, the people of India a century later could not. The century which intervened between the two (or a larger or shorter period for some other areas)whollysappedtheircourageandconfidenceand,atleast onthesurface,madethemdocile,inertandsubmissiveinthe extreme.ItisthisconditionwhichGandhijiovercametoputthe peoplebackonthepathofcourageandconfidence.

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Acontributoryfactorleadingtotheextensiveadoptionand successofGandhiannoncooperationandcivildisobediencehas perhaps been the relative mellowness and a certain reflective qualitywhichthetwentiethcenturyBritishrulershadacquired by the time Mahatma Gandhi came to launch his various movements.Hisownpersonalitymayhavefurtheraddedtothis reflective quality inducing many of the British in their more privatemomentstosharehisviewsaboutthegreatinjurywhich British rule had done to the Indian people. In contrast, the Britishrulersofthelateeighteenthandthenineteenthcentury were by and large, not only the agents of a most callous and inhuman state system, but individually and collectively subscribedtoandpractisedsuchcallousnessandinhumanity. Whatprimarilybroughtaboutthechangeandthecomparatively mellowerattitudesisamatterforadifferentenquiry.

IV
Thestoryofthe181011protestsatBenaresandothertowns doesnotnecessarilyincludeeveryformofprotestresortedtoby theIndianpeopleinrelationtogovernmentalorotherauthority. Amoresystematicexploringofeighteenthandearlynineteenth centuryprimaryrecords(aswellasrecordsofstillearlierperiods ifsuchexist)maywelldiscloseseveralotherformsofprotest andtheirprincipalfeatures.Yetitshouldestablishbeyondany doubtthattheresorttononcooperationandcivildisobedience against injustice etc., are in the tradition of India. It also confirmsGandhijisobservationthatinIndiathenationatlarge hasgenerallyusedpassiveresistanceinalldepartmentsoflife. Weceasetocooperatewithourrulerswhentheydispleaseus.It furthersuggeststhateitherintuitivelyorthroughknowledgeof specific instances, Mahatma Gandhi was very much aware of suchatradition. Does the knowledge that noncooperation and civil disobedienceareinthetraditionofIndiahaveanyrelevanceto presentdayIndia?Itappearstothepresentwriterthatthereis sucharelevancebothforthepeopleaswellasgovernmentsand otherauthorities.Arealisationofitinfactseemscrucialinthe sphere of peoplegovernment relationship, and its acceptance imperativeforthehealthandsmoothfunctioningofIndianpolity eventoday. Beforeproceedingfurther,itisusefultoindicatetwomajor

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characteristicsofthepresentpolitywhichIndiahasinherited

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from two centuries of British rule. The first pertains to the persistenceofeighteenthandnineteenthcenturyBritishnotions and attitudes regarding the place of the people visavis their governments. Asthedocumentsshowthereisfrequentexpressionbythe governmentalauthoritiesin181011ofthesentimentsthatthe peoplemustgiveunconditionalsubmissiontopublicauthority; thattheGovernmentmustnotseemtoyieldtotheinfluenceof popular clamour; that if Government had to yield, it must be without compromising in too conspicuous a manner the authorityofGovernment.TotheBhagalpurcollector,eventhe postponingofthecollectionofthetaxbecausealawlessrabble assembles, is striking at the root of that power, which the Governmentoughttopossessoverthesubject.Themagistrate of Benares expressed a similar sentiment with even more anguishwhenreportingthesituationonJanuary20,1811.He wrote:Icannotbutfeelveryforcibly,thatsuchastateofthings beingpermittedtocontinueindefianceofpublicauthority,has alreadyweakened,andweakensdailystillmoreandmore,those sentiments of respect, which it is so essential that the communityshouldentertainforthegovernmentofthecountry. Such notions and sentiments are still enshrined in the rules, codesandlawsofIndianGovernments. Secondly, in spite of Mahatma Gandhi, the revival of courageandconfidencehasnotbeenequallymanifestamongst allpeopleofIndia.Asappearancesgo,manyseemtohavehardly beentouchedbyit.Orperhaps,afteraninitialflickerofhope, likethepeopleofBenaresaftertheyhadbeencoweddown,they too have given in to sullen silence, feeling that though they couldnotresistbuttheywillnotconcur. Since1947,acontroversyhasbeengoingoninIndiaabout therelevanceofnoncooperationandcivildisobedienceinafree country.Itseemstoagitateallthoseconcernedwiththeprob lemsofIndianpolity,includingthosewhostandforsocialand politicaltransformationoracceleratedchange.Accordingtoone view,thereisnoplacefornoncooperationandcivildisobedience inafreecountrywithrepresentativelegislativebodies.According toanother,thesemaystillberesortedtoincertainwellspecified situations.Thesituationswhichqualifyforsuchresortarealso a matter of controversy. According to some, the permissibility applies only when resorted to enforce accepted norms. Others feelthatitispermissibletoresorttononcooperationandcivil disobedienceforadvocatingthechangingofcertainnormsthem

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selves.

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Butthisisreallynonewcontroversy.Itstartedatthesame timethattheideaofnoncooperationandcivildisobediencewas revived in India early in this century. Besides men in the governmental apparatus, those who opposed it then included personslikeSrinivasSastriandRabindranathTagore.Sastrifelt hecouldnotbutbeapprehensiveofanymovementwhichhas the tendency to over throw, the tendency to disestablish, the tendencytobringaboutastageofanarchyinthecountry,the tendencywhichdestroyslaw,thetendencywhichdestroysorder and ordered government.25 Tagore regarded it as inconsistent withthedignityofIndiaandwasfearfulofthedangersinherent initspractice.26 Themostvehementandarguedoppositiontoit,however, wasvoicedbyR.P.Paranjpyeinhispresidentialaddressatthe IndianNationalLiberalFederationatLucknowonDecember26, 1924. As it is very revealing of the thinking and attitudes opposed to noncooperation and civil disobedience, it may be quotedhereatsomelength.Paranjpyestated: The idea of civil disobedience as the highest form of patriotismthatisbeingimplantedamongalargenumber ofsemieducatedpeopleisperhapsthemostmischievous feature of the present extremist propaganda. Under the namessatyagraha,noncooperationorcivildisobedience,it is being sedulously advocated all over. The deleterious effects are already being seen...It inevitably leads to outburstsofviolencewhetherononesideortheother...It mayperhapsprovideoccasionallyasuitablehandleagainst government but the effect on the people is permanent. Respectforlawandorderdisappearsonceforallandall the criminal elements in the population are led to think thattheyarebecomingpatrioticbyimitatingthesocalled patriotsintheiractions.Itmustberememberedthatthis wantofrespectforlawandorderonthepartofthemasses willcontinueevenifalltheideasoftheMahatma,Maulvis, or Deshbandhus are fully achieved. They will find, when they are responsible for the government of the country, thattheseseedsthattheyhavenowsowntocausetrouble to government will grow into a pest which they will be unabletogetridof.Icannotthinkofapolicymoreshort sightedthanthisofpreparingforinfinitetroubleforoneself

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in order toobtain aproblematicalmomentary advantage. Theextremistleadersmaychuckleatacampaignforthe refusaloftaxes,...taxeswillhavetobeleviedandpaidby thepeopleunderallgovernments.Butoncethepeopleare taughttoconsiderthatrefusaltopaytaxesisthehighest form of patriotism, the task of future government will becomealmostimpossible.27 ButastimepassedandMahatmaGandhibecamethesole symbol of Indian nationalism, such opposition became less vocal. While individuals still disagreed with particular expressions of it, by the mid1930s noncooperation and civil disobedienceemergedastheacceptedIndianmethodofdealing with injustice. With the removal of British power from India, however,theviewsofSastri,Tagore,Paranjpye,etc.,onceagain came to the forefront. As perhaps should have been expected, the opposition or dissent has mostly been expressed by those associatedwiththerulingapparatus.Theonlycuriouspartofit is that many of the dissenters, in the earlier period, had themselvesbeenparticipants intheGandhiannoncooperation andcivildisobediencemovements.But,atthesametime,there was no lack of other public men who challenged this new attitudetowardsnoncooperationandcivildisobedience.Thefol lowing by J.B. Kripalani, perhaps sums up this challenge. In December1953,Kripalanisaid: IrepudiatetheviewdevelopedbyCongressbossesinthe government that satyagraha can have no place in a democracy.SatyagrahaascommendedbyGandhijiwasnot merelyapoliticalweapon.Itcouldbeusedintheeconomic and social fields and even against friends and family members. Gandhiji commended it as a principle of life. Therefore, it is absurd to say that it has no place in a democracy, specially of the kind that we now have, bureaucraticcentralised. Headded: All questions cannot await the next elections nor can a government be overthrown on the basis of local grievances,whichforsectionsofthepeoplemaybeques tions of life and death. The denial of the right of satyagrahawouldmeanunresistingsubmissiontotyranny forlongstretchesoftime.28

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Thenewoppositionanddissenthas,however,beenmore complex and somewhat less vehement. Most of it has not rejectednoncooperationandcivildisobediencecompletely.Only itfindsitirrelevantandinjuriousinwhatK.Santhanamcalls democratic government.29 According to him, subject to some marginal cases general satyagraha against a democratic governmentcannotbejustified.30 AccordingtoU.N.Dhebarin 1955(PresidentoftheIndianNationalCongressatthetime):In the context of democracy or democratically run institutions, thereis,generallyspeaking,verylittleoccasionforsatyagraha.31 But even persons like Santhanam visualise the need of individualsresortingtoitonlyinparticularsituationsrequiring the defense of fundamental rights. A former Chief Justice of India,P.B.Gajendragadkar,alsoseemstosharesuchviewsand, asrecentlyasMarch1967,stated: Satyagraha ornoncooperationcanalsoberegardedasa legitimate weapon in democracy, provided of course it is adoptedasalastresort,afterallotherremedieshavebeen exhausted.32 Thus, compared to the 1920s, the present opposition is substantiallydifferent.Whilepersonsinauthorityandposition ofresponsibilitydonotstillmuchcherishtheprospectofnon cooperation and civil disobedience, there has begun to be a general acceptance of these methods in India; that instead of beingdestructive,theyareinfactcomplementarytodemocracy. FewwouldtodaycontestSanthanamsviewthatitisessential for democratic rulers to realise that true satyagraha is complementarytotruedemocracy.33Yetsuchaviewhasstillto sink into the consciousness of those who manage the ruling apparatusorothercentresofauthority.Itislargelybecauseof thisdichotomy,strangethoughitmayappear,thatpresentday noncooperationandcivildisobediencehasgotmoreandmore involvedwiththetrivial. Without,perhaps,fullycomprehendingtheimplicationsof theirobservations,bothU.N.DhebarandK.Santhanamhave

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pointedtothecentralissue.AccordingtoDhebar:Thequestion of satyagraha [inthecontextofdemocracy]canonlyarisefrom the perpetuation of an act or undertaking an activity which destroys the very foundation of the state or its constitution. 34 For Santhanam, satyagraha may be the quickest means of defending35 the fundamental rights of the people. Where they, along with many others, have erred is in taking a mechanical viewofwhatactsdestroytheveryfoundationofthestateorits constitutionorwhatconstitutedfundamentalrights.
What acts of state destroy a state? What constitutes denial of fundamental rights? Answers to these cannot be determined by recoursetomerelegality.Totakeoneglaringexample:largescale hungerandinsecurityarebothfastcorrodingthefoundationsofthe Indianstateanditsconstitution,aswellasconstitutingadenialof the most fundamental human right. Hunger, impossible living conditionsandinsecurityamongstabout40percentofthepeopleof India,ofcourse,isnotacreationofthepresentIndianstateandits constitution.Itisaproductofthepasttwocenturies.Nevertheless, theinabilityorinsensitivityofthestateineliminatingthem,ifbyno othermeans,byadistributionofsomepovertyamongstall,isfast leadingIndiatoasubversionoftheconstitutionandstatestructure. The practice of noncooperation and civil disobedience for eliminatinghungerandinsecurity(bydemandingeffectiveprovision for securing the right of work and public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want as provided in the constitution itself)36 couldhave,andmayyetifinitiatedintime,makesuchsubversion muchmoredifficult,ifnotimpossible.(*Accordingtoevensomeoneas
responsibleandlawabidingasVinobaBhave:Inthesituationwherean actisadvocatedbylawandfavouredbypublicopinionandyetitisnot being put into practice, satyagraha for its implementation should be deemed appropriate. (Satyagraha Vichar p.65) There is nothing less controversial in India than the immediate elimination of widespread hungerandinsecurity.Itslegalapprovalandadvocacyarisesfromthe constitutionoftherepublicitself.)

The reasons why the British would not attend to such protests are closely linked with the lack of assurance they possessedtilltheveryendaboutthelegitimacyoftheirrulein India. In contrast, most Indian political authorities prior to Britishrule

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hadmuchgreaterassuranceaboutsuchlegitimacy.Hence,their surrenderingtotheprotestsofthepeopleandalteringoraban doning the decisions or enactments concerned did not in any materialsensechallengethelegitimacyoftheirrule.Rather,the willingnesstolistenandtheabilitytoretractunpopularactsand decisions further confirmed such habit and legitimacy both in theirownviewandthatofthepeople.Onlyalegitimateruler, i.e.,onewhowasacceptedtobesuchbythepopulace,couldin factmakesuchsurrenderandretraction. The British in India, on the other hand, even when in certainareastheymighthavebeentemporarilyconcededsome legitimacybysomeoralloftheruled,neverseemtohavefelt that their right to rule had any other sanction and legitimacy thanthatofconquestandanoccupyingarmedforce.Itistrue that their conquests were achieved by a relatively most adroit andeconomicaluseofforce.Stilltheseforceswerenotallthat small.((Till1857,theEuropeancomponentofBritishoccupyingforces
inIndiawasasoneEuropeantofourIndiansandattimesdroppedto one European to six Indians. After 1857, when the British became completelypanickyandfrightened,thecompositionwasalteredtoone EuropeantotwoIndiansandstayedatthattillafter1900.Thenumber ofEuropeantroopsinIndiawas45,104in1856;92,866in1860;and 75,702 in 1908. While the number of Indian troops in 1856 was 2,35,221;itwas1,48,996in1908.(BritishParliamentaryPapers,1908, Vol.74)))

This feeling about the lack of legitimacy prevailed throughoutBritishruleandwassharedbymenasdifferentand separateintimeasRobertClive,ThomasMunro,JohnMalcolm and Charles Metcalfe. 1857 made it even more apparent. The fundamentalmaximforBritishruleinIndia,accordingtoClive, wasthatourinfluenceandpossessionswereacquired,sothey mustbemaintainedbyforce;andthattheprincesofthecountry are only to be kept in order by fear.37 Fifty seven years later, CharlesMetcalfedidnotfeelanydifferently;infacthewasmore explicit.Inaminutein1829,heremarked: WeareinappearancemorepowerfulinIndianowthanever were.Nevertheless,ourdownfallmaybeshortwork.When itcommencesitwillprobablyberapid:andtheworldwill wondermoreatthesuddennesswithwhichourimmense

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Indian Empire may vanish than it has done at the surprisingconquestthatwehaveachieved.38 Metcalfecontinued: Thecauseofthisprecariousnessis,thatour powerdoes notrestonactualstrength,butonimpression.Ourwhole realstrengthconsistsintheEuropeanregiments,speaking comparatively,thatarescatteredsinglyoverthevastspace ofsubjugatedIndia.Thatistheonlyportionofoursoldiery whose hearts are with us, and whose constancy can he reliedoninthehouroftrial. All our native establishments, military or civil, are the followersoffortune.Theyserveusfortheirlivelihoodand generallyserveuswell.Fromasenseofwhatisduetothe handthatfeedsthem,whichisoneofthevirtuesthatthey most extol, they may often display fidelity under trying circumstances, but in their inward feelings they partake more or less of the universal disaffection, which prevails againstus,notfrombadgovernment,butfromnaturaland irresistibleantipathy;andwerethewindtochangetousea nativeexpression,andsetinsteadilyagainstus,wecould notexpectthattheirsenseofhonour,althoughtheremight besplendidinstancesofdevotion,wouldkeepthemenon ourside,inoppositiontothecommonfeeling,which,with oneview,mightforatimeuniteallIndia,fromoneendto theother.39 Metcalfefurtheradded: Our greatest danger is not from a Russian invasion, but fromthefadingof theimpressionofaninvincibilityfrom the minds of the native inhabitants of India. The disaffection, which would willingly root us out, exists abundantly.Theconcurrenceofcircumstancessufficientto callitintogeneralactionmayatanytimehappen.40 Afewmonthsearlier,Metcalfehadadvised:Iamfurther convinced that our possession must always be precarious, unless we take root by having an influential portion of the populationattachedtoourgovernmentbycommoninterestsand sympathies and advocated the taking of every measure which was

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calculated to facilitate the settlement of our countrymen in India.41 Such an assessment of the situation was universally sharedbytheBritishinIndiaandreflectedingovernmentpolicy andenactments.Consequently,devoidofanyothersanctionand legitimacy,excepttheEuropeanregimentsandtheimpression of invincibility, the British could not afford to make any concessions, much less surrender to popular protests. Concessionofanysort,intheirview,implied(asinthecaseof theprotestsagainstthehousetaxduring181011),theexciting in the minds of the natives an expectation of still further concessions which eventually (they felt) led to the erosion of every principle of their government. Therefore, in situations when tactical concessions or surrender could not be avoided, theseweretobecarriedintoexecution,withoutcompromising intooconspicuousamannertheauthorityofgovernment. This principle of infallibility of state structure (and consequentlyofotherunitsofpowerandauthority)established by the British continues to survive in India even after the eliminationofBritishpower.Itistruethatfindingitselfveryvul nerable, the state structure occasionally condescends to consider the complaints of the protesting after they agree to suspendorabandontheirprotests.Thus,whiletherealityofthe principle of infallibility has been more or less abandoned, the rules,thecodesandthelawswhichenshrineit,stay.Anditis these latter that appear to provide the state system its real legitimacyandsanctity.Suchastateofaffairshasledtoamost dangerous situation. It not only keeps intact the distrustful, hostileandalienstancesofthestatesystemvisavisthepeople, but also makes the latter feel that it is violence alone which enables themto be heard. Thehappenings ofthe past several yearscrammed with riots, protests, assassinations, police firingsinnowaybeliesuchafeeling. Theoppositiontononcooperationandcivildisobedienceor thedenialofeventheirtheoreticalrelevancemanifestedbythe wieldersofthestateapparatusfromtimetotimeorevenbymen like Srinivas Sastri, Tagore, Paranjpye before 1947 can be sourcedtotheBritishnurtureddoctrineoftheinfallibilityofthe state system. Though now feeble and considered wholly ridiculous, this doctrine is not yet dead and buried. Its roots, while

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shaky,stillremain.Andmanyamongstthepresentwieldersof thestatestructureandthetheoreticiansofthepresentIndian state system devote much of their talent and attention in nurturingthem. Thus, while it is admitted that noncooperation and civil disobediencearelegitimateandvalidwhenusedagainstforeign rule, they are treated as illegitimate and invalid when used against indigenous governments and authorities. It is in this contextthatvariousleadersofIndia(nottomentionteachersof history, political theory, etc.), while in generalstanding for an eventuallyclasslessandegalitariansocietyandawelfarestate, haveineffectallowedthemselvestobecomethenewdefendants oftheinfallibilityofthepresentstatesystem.Suchadoctrine and more so, support for itnot only goes against all that Gandhijiadvocatedanddidduringhislongpubliclife,itisalso contrary to the very psyche of the Indian people which has traditionallysustainedthepracticeofnoncooperationandcivil disobedience. The above does not imply that noncooperation and civil disobedience are to be waged perpetuallyas is advocated of revolution by certain current doctrines. They are used when thereissuchaneed.Themoretherulingapparatusandother centresofauthorityareintunewiththeruledorthoseaffected, thelesstheneedtoresorttothem. It must also be admitted that noncooperation and civil disobedience,likeeverythingelse,donotsolveeverything.There aresocialandpoliticalsituationswhentheymaynotatallbe applicable.Assaidearlier,tobesuccessfulnoncooperationand civil disobedience seem to require a certain commonality of values betweenthe opposed parties. Such parties must share, even if temporarily, certain common sociopolitical or religious values.Thishoweverdoesnotseemtohappeninallsituations. ThelateeighteenthandnineteenthcenturyIndiaprovidesone such instance when the rulers and the ruled had little in common.Similarsituationsseemtohaveobtainedwhenmostof Europe faced Hitlers power, or Northern India faced Timur centuries ago. It was due to Mahatma Gandhis genius, indomitable courage and unmatched organisational capacity that he could visualise and make effective use of instrumentalities(originallyfashionedforinternalsituations),to deal with an alien power. Circumstances (the British having becomerelativelymellowedbytheearlytwentiethcenturybeing onesuch),andmuchmorehispersonality,enabledhimtomake

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the Britishsee atleast atcertain moments, the rightness and justiceoftheIndianstand.Stepbystep(from

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theissueoflandrevenuetotheboycottofforeigngoodstothe abrogation of salt tax to the banning of liquor shops to the protests against India being forced into war), he led to the ultimate demand that the British Quit India. He even recommended these methods to the Czechs and to the Poles against Hitler. But such use or its advocacy against an alien powerinnowayimpliedtheirrelevanceofnoncooperationand civildisobedienceagainstrulersorauthoritieswhogetelectedor areappointedbytheruledthemselves. Noncooperationandcivildisobedienceareintegraltothe healthy functioning and even to the security of a free and democratic society. In a way, they areevenmorecrucial than stratifiedcourtsoflaw;thepresentformsofperiodiclocal,state levelornationalelections,ortheratherstiltedandconstrained debates and considerations within such elected bodies. Those who resort to noncooperation and civil disobedience against callousness,authoritarianismandinjusticearetheprotectorsof theirstateandsocieties.Withoutthem,asocietywillendupat bestinsomemechanicalritual;or,moreoftenlikely,intyranny, provokingcompleteanarchyandarmedinsurrection. Notes
1. Encyclopaedia of the Social Sciences (1963), Article on Thoreau, by MaxLerner. 2.AtulanandaChakravarti,TheLonesomePilgrim(1969),p.32. 3.C.D.S.Devanesan,TheMakingoftheMahatma(1969),pp.3789. 4.R.R.Diwakar,SagaofSatyagraha(1969),pp.811. 5. Buddhadeva Bhattacharya, Evolution of the Political Philosophy of Gandhi(1969),p.286. 6.V.V.RamanaMurthi,NonViolenceinPolitics(1958),p.148. 7.GeneSharp,Thoreau:OntheDutyofCivilDisobedience(1963),p.1. 8. Kaka Kalelkar, Evolution of the Philosophy of Satyagraha (1969), publishedinGandhiDarshan,(18691969)October2,1969February2, 1970.ASouvenir. 9.R.Payne,TheLifeandDeathofMahatmaGandhi(1969),p.217. 10.KakaKalelkar:ibid. 11. j|Ii

i {ixE * i VE x: |V: zr xvh ** j| IiiCi x Ii {: * i xxi: xn j|i: ** j|xx 61.32-33; j|i{{`S

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v E v * xi 92.19
TheMahabharata,quotedbyP.V.Kane,HistoryofDharmasastra,Vol.III (1946),p.26. 12. James Mill, Evidence to House of Commons Committee, in HouseofCommonsPapers,183132,Vol.XIV,pp.67. 13. HindSwaraj(1946),p.58.

14. Ibid,p.60.
15. Ibid,p.61. 16.FortSt.George:DiaryandConsultations,November1680. 17.IndiaOfficeRecords(I.O.R.),BoardsCollections:F/4/Vol.1415,No. 55844A,AssistantCollectortoPrincipalCollector,Canara,January17, 1831,pp.15861. 18.Ibid. 19. Ibid. 20. TheBombayPresidencyPolitical andJudicial Recordsforthe period182040containvoluminousmaterial onthenumerousBunds organisedbythepeopleinMaharashtraagainsttheBritish.Oneofthese wasthePoorundhurBundorganisedlargelybythe Ramoosees during 182628. 21. J.Mill:Ibid. 22. Gopal KrishnaGokhale,quoted in TheDevelopment of lndian PolitybyM.RamchandraRao,B.A.BL.,M.L.C.(Madras,1917),p.291. 23. West Bengal State Archives: Bengal Judicial Criminal Pro ceedings,February8,1811,OriginalConsultations,No.6. 24. p.467. J. Mill (and H.H. Wilson), History of British India, Vol. VII,

25. P. Kodanda Rao, V. S. Srinivasa Sastri: A Political Biography (1963),p.195. 26. 27. 7. D.G.Tendulkar,TheMahatma(19514)Vol.II,pp.5960. R.P.Paranjpye,SelectedWritingsandSpeeches(1940),pp.176

28. Janata (weekly): January 26, 1954: J.B. Kripalanis speech quotedinleadingarticle;alsotextonJanuary17,1954,p.3. 29. 30. KSanthanam,SatyagrahaandtheState(1960),p.62. Ibid.

31. Times of India:September 22,1955:U.N. Dhebars article on TheRationaleofSatyagraha. 32. 33. 34. 35. 36. FreePressJournal:March3,1967:PressReportofLecture. K.Santhanam:Ibid,p.67. TimesofIndia:Ibid. K.Santhanam:Ibid,p.67. TheConstitutionofIndia:Article41.

37. I.O.R:FrancisPapers:MSSEurE.12,p.37:HintsofaPolitical SystemfortheGovernmentofIndia(cir.1772).

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38. London Public Record Office: Ellenborough Papers: PRO/30/9/4/PartII/2.MinutedatedOctober11,1829byC.J.Metcalfe. 39. Ibid. 40. Ibid. 41. Durham,DepartmentofPaleographyandDiplomatic:EarlGrey Papers:Box36/File1,MinutedatedFebruary19,1829byC.J.Metcalfe.

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DOCUMENTS

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I OfficialNarrativeofEvents
A.EventsatBenaras
I.A.1.CollectorofBenarestoActingMagistrate 26.11.1810 W.W.BirdEsq., ActingMagistrateoftheCityofBenares Sir, InordertocarryintoexecutioninthecityofBenaresthe rateslaiddowninRegulationXV,1810fortheestablishmentof ataxonhousesandshops,permitmetosolicityourinterference to give the utmostpublicityto the said Regulation which itis incumbentonall householderstobeaware of,bothtoinduce theirreadycompliancewiththedemandswhichwillbemadeon them when the assessment shall have been concluded and approvedof,andtoenablemetoobtain,inthefirstinstance,the necessaryinformationastothenumberoftenements&cand generalratesofrentbywhichthesaidassessmentistobefixed. Itismywish,bothincommencingthepreviousenquiriesandin proceeding to levy the tax, that every precaution shall be adoptedinconcertwithyoutoavoidcreatingdisgustorgiving risetocomplaints. I propose to depute two or more respectable persons, assessors,totakeanaccountofthehousesandshopsineach mehulla and to compute, as accurately as can at first be expectedwithouttoorigidascrutiny,theusualratesofrentof each. If the proprietors and occupants, in consequence of the noticegiventhembythepresentproposedpromulgationofthe Regulation,willbeinducedtofurnishafaithfulaccountofthe rentstheyreceiveandpay,Ihopeitwillnotbenecessaryformy officerstomakeanyentryinordertoascertaintheratesoftaxto belevied,bypersonalsurveyofthepremises.

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Ininstancesofobstacleorimpedimentsonthepartofthe householdersIshallenjointheofficerstotakenostepswithout particularinstructionsfromme,andifitshouldbeexpedient,I shall communicate with you on such occasions in order to compelacquiescence. Ifitcouldbepossibletoallowapoliceofficerofeachward or mehulla to accompany the persons deputed on this service until the numbers of the houses & c shall be taken, I can conceiveitmightpreventimproperdisputesandwouldfacilitate theintroductionofthetax. I beg leave to enclose for distribution to the several thannahs of the city and its suburbs 10 transcripts of the Regulation and will supply more hereafter. It will be desirable thatacopyforgeneralperusalshouldbeallowedtobetakenby individualsatpleasure. Ishalllikewiseacquaintyou,hereafter,withthenamesof the assessors I may employ and of the mehullas where I first proposetosendthem. SectionIVoftheRegulationinquestionhavingconstituted theextentoftheoperationofthistaxtobethelimitsfixedunder RegulationX,1810,permitmetorequestthatyouwillacquaint mewiththelineofdemarcationwhichmayhavebeennotifiedto youbytheCollectorofTownDutiesagreeablytosectionVIIof thelastmentionedRegulation. BenaresCollectorship Ihave&c November26,1810W.O.Salmon,Collector

. . .
I.A.2.CollectorofBenarestoActingMagistrate 6.12.1810 W.W.BirdEsq., ActingMagistrateofCityofBenares Sir, Withreferencetomyletterof26thultimo,Ibegleavetoac quaintyouthatIhavecommittedthechargeofnumberingthe houses,(i.e.,reckoningthembyaccount,notaffixingmarksof numberswhichatfirstmightbeobnoxioustotheinhabitants)in thecityofBenarestoMohummudTukkeeKhan,anativeof

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rank,reputationandability,inwhomIhavefullconfidencethat theservicewillbeperformedwithequalfidelitytoGovernment, as with all consistent attention and consideration towards the natives. Ihavetosolicitthefavourofyoutofurnishmeasspeedily as possible with perwannahs to all the thannadars of the city wards and the suburbs enjoining them to afford the utmost assistance to and cooperation with Mohummud Tukkee Khan and the moosuddies whom he may have occasion to depute under his immediate superintendence. It is my intention to entrusttheseperwannahstoMohummudTukkeeKhanwhowill sendthemtothesaidthannadarsashecommencesupontheir divisions,andhewillatthesametimenotifytothemthenames ofthemoosuddiestobeemployedineachmehulla.Ibelievehe willcommencewithTalluaNallah. BenaresCollectorship Iam&c December6,1810W.O.Salmon,Collector

. . .
I.A.3.ActingMagistratetoCollector,Benares 11.12.1810 W.O.SalmonEsq., CollectorofBenares Sir, Ihavethehonourtoacknowledgethereceiptofyourletters ofthe26thultimoand6thinstant. 2.ThecopiesofRegulationXV,1810havebeendistributed at the several thannahs in the city, and the thannahdars directedtoallowcopiestobetakenbyallwhomaydesireit. 3.Thethannahdarshavealsobeendirectedtopointoutto the assessors of the house tax the extent of their respective wards, to furnish them with such information as from local experiencetheymaypossess,andgenerallytopromulgatethat yourofficersappointedunderRegulationXV,1810areactingby theauthorityofGovernment. 4.I have not, however, instructed the native officers of policetoaccompanythepersonsdeputedbyyouonthisservice, asIapprehend,thattheirdirectorindirectinterferencewiththe

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assessment,wouldbeliabletoabusesaswellasobjectionableto theinhabitants.Shouldanyobstacleorimpedimentonthepart of the householders be opposed to your officers in the legal executionoftheirduties,Ishall,ofcourse,uponintimationfrom you,issuespecificinstructionstotheofficersofpolicetoenforce acquiescence. 5. I have the pleasure to enclose a copy of the paper transmittedtomebytheCollectorofTownDuties,undersection VIII,RegulationX,1810. CityofBenares Iam&c December11,1810W.W.Bird,ActingMagistrate

. . .
I.A.4.ActingMagistrate,BenarestoGovernment 25.12.1810 G.DowdeswellEsq., SecretarytoGovernment, JudicialDepartment. FortWilliam Sir, Ishouldnotbejustifiedinwithholdingfromtheknowledge of the Right Honble, the GovernorGeneralinCouncil, that a very serious situation has been excited among all ranks and descriptionsoftheinhabitantsofthecitybythepromulgationof RegulationXV,1810. 2. The petitions (copies of which will be separately dispatchedtoyoubytodaysdawk)havebeenpresentedtome by the inhabitants collectively, who are surrounding me in crowds, imploring me to report their situation for the considerationofGovernment. 3. Allthe petitions aredirectedtoobtainexemptionfrom the tax on houses, which is extended to Benares by the Regulationinquestion.Theysetforthgenerallytheinabilityof thepetitionerstobeartheburdenwhichitimposes.Theystate thatthestagnationoftradehasdeprivedthemofemployment, that the town duties levied under Regulation X, 1810 have enhanced the price of every article of consumption, and that their houses are already subjected to an assessment for the supportofthepolicefromwhichanyothercity,butthisinIndia

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isexempted.

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4. It will appear to Government I apprehend, that the difficulty of procuring employment, and the enhanced price of articlesofconsumption,formnosufficientgroundsforspecially exemptingtheinhabitantsofthiscityfromthetaximposedby theRegulation;thesamegroundsofexemptioncouldperhapsbe urgedwithequaljusticebyeveryothercityandtowntowhich theRegulationhasbeenextended. 5. Butitmayappearatthesametimethatsomeremission mightbegrantedtothepetitioners,inconsiderationofthetaxto whichtheirhousesarealreadysubjectedforthesupportofthe police. The local watchmen stationed at the Phatucks or gatewaysinthiscity,aremaintainedbytheinhabitantsofthe wards to which the gateways respectively belong, who contributedtodefraytheexpenseinproportiontothenumber anddescriptionoftheirhouses.Themonthlycontributionraised from10,241houseswhichareassessedunderthisarrangement amounts to 1,334610. This sum is considerable, and will press heavily on the householders in addition to the tax from whichtheyclaimtobeexempted. 6. Thepeopleareextremelyclamorous;theyhaveshutup theirshops,abandonedtheirusualoccupations,andassemble in multitudes with a view to extort from me an immediate compliancewiththeirdemands,andtoprevailwithmetodirect theCollectortowithdrawtheassessorsuntilIreceivetheorders ofGovernment.WiththisdemandIhavenotthoughtproperto comply.Ihavesignifiedtothepeoplethattheirpetitionsshallbe transmitted to the Government, but that until the orders of Governmentarrive,theRegulationmustcontinueinforce,and thatIshallopposeeverycombinationtoresistit.Byconceding to the general clamour I should only have encouraged expectation which must be eventually disappointed, and have multipliedthedifficultieswhichtheintroductionofthetaxhas alreadytocontendwith. 7. Theagitationthiseveninghasbeensoconsiderablethat I feltit necessary to intimate to MajorGeneral Macdonald the possibilityofmybeingcompelledtoapplyformilitaryassistance. Towardsnight,howeverthemultitudedispersed,andIhopeyet to be able to pacify them and induce them to return to their usualpursuits,withoutresortingtocoercion. CityofBenares Ihave&c December25,1810,8OClockW.W.Bird,ActingMagistrate

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I.A.5.ActingMagistrate,BenarestoGovernment 28.12.1810 Sir, Onthe25thinstant,Ihadthehonourtocommunicateto youtheveryseriousagitationwhichhadbeenexcitedamongall ranks and description of the inhabitants of Benares, and the coursewhichIintendedtoobserveforthepurposeofsubduing it. 2. The tumultuous mobs which were collected in various placesbetweenthecityandSecroleontheeveningofthe20th instant, and which dispersed on the first appearance of preparations among the troops, did not reassemble on the morningofthe26th,andIwasinducedtohopethatthepeople ingeneralweredisposedtoreturntoorderandobedience. 3. Butintheafternoontheagitationwasrevived.Anoath wasadministeredthroughoutthecity,bothamongtheHindoos and the Mahommedans, enjoining all classes to neglect their respective occupations until I should consent to direct the Collectortoremovetheassessorsandgiveapositiveassurance thatthetaxshouldbeabolished.Itwasexpectedthattheoutcry anddistressoccasionedbythisgeneralconspiracywouldextort frommetheconcessiontheyrequired.TheLohars,theMistrees, theJolahirs,theHujams,theDurzees,theKahars,theBearers, everyclassofworkmenengagedunanimouslyinthisconspiracy, anditwascarriedtosuchanextentthatduringthe26th,the dead bodies were actually cast neglected into the Ganges, because the proper people could not be prevailed upon to administerthecustomaryrites.Theseseveralclassesofpeople, attended by multitude of others of all ranks and descriptions, havecollectedtogetherataplaceinthevicinityofthecity,from whencetheydeclarenothingbutforceshallremovethem,unless Iconsenttoyieldthepointforwhichtheyarecontending. 4. Their object in requiring me to direct the Collector to recall the assessors without waiting to receive the orders of Government,ismerelyapreliminarysteptoaresolutionnotto paythetaxatallwithoutcoercion,betheordersofGovernment what they may. I have signified to the people that I have no authoritytointerfereinthemannertheydesire,andthatthey mustwait,submissively,thedeterminationofGovernment,but

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they seem to think that if the assessors are not removed immediately,theywillneverberemovedatall,andthatifthey ceasetoassemble

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inthisobjectionablemode,theywillobtainnorelieffromthetax which,itispretended,theynevercansubmitto. 5. WereItoyieldtodemandsurgedbytheclamour,and supported by such unwarranted combinations, I feel I should compromise the authority of Government, and thereby encourage the people to similar proceedings on every future occasionwhentheymayhappentobediscontented.Iconceive it,therefore,mydutynottocomplywithsuchdemands,andto persevere in resisting them until I receive the Governments instructions.Inthemeantime,Ishalldoallthatmypersuasion can affect to allay the general irritation, and abstain from resorting to force, until the support of my authority shall absolutelyrequireit. 6. Inpursuanceoftheseviewsexplainedinpersontothe mobs,theorderswhichIexpectedthemtoobey,Ialsoissued proclamationsrequiringthepeopletodisperse,toreturntotheir usual occupations, and wait inpatience whatever Government maydetermine.Isentforthechoudriesoftherespectiveclasses engagedintheconspiracy,andaftertakingtheirexaminations,I requiredthemtosignapenalengagementtowithdrawfromthe combination, to revert to their ordinary pursuits, and to exert themselves with others to imitate their example. A similar en gagement I propose to tender to the principal people of all classes, and punish those who refuse to sign it. This line of conductappearsalreadytohaveproducedsomebenefit,andI trustthatinafewdays,whenthepeoplearefullyconvincedthat theirclamourisunavailing,theywilldisperse,opentheirshops, andreturntoorderandobedience. 7. AstheCollectorisabsentinthedistrict,Ihavethought itnecessarytorecommendhimimmediatelytoreturn,thatthe native assessors be notleftentirely to theirowndiscretion on thisverydelicateoccasion.Iencloseacopyoflettertohimupon thesubject,andalsothecopyofacorrespondence,whichpre viouslypassedbetweenus. 8. I beg leave to enclose also acopy of the letters which passed between MajorGeneral Macdonald and myself on the 25thand26threspectingthemilitaryassistancewhichImight becompelledtorequesthimtoaffordme. 9. Inmyhasteonthe25th,Iomittedtoapologiseformy inability to furnish translations of the petitions which I then submitted to Government. I have now the honour to enclose translationsofthreeofthosepetitionswhichastheycontainthe

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substance of the rest, will, I trust, be sufficient. I hope, Governmentwillexcusemyneglectingtotranslatetheremainder inconsiderationoftheotherimportantdutieswhichpressupon myattention. CityofBenares Ihave&c December28,1810W.W.Bird,ActingMagistrate

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I.A.6.ActingMagistrate,BenarestoGovernment 31.12.1810 Sir, Sincethedateofmylastaddress,myattentionhasbeen unremittinglydirectedtoallaytheirritationwhichexistsamong theinhabitantsofBenares,andtopersuadethemtoreturnto their ordinary pursuits until the determination of Government canbereceivedonthesubjectoftheirpetition. 2. Butmyendeavourshavebeenunavailing.Allclassesof people persevere in abandoning their employments, and occasion thereby great public inconvenience. Every article of consumptionisprocuredwithsuchdifficulty,andisraisedtoso highaprice,thatthepoorerinhabitantsaredistressed.Several thousands of people continue day and night collected at a particular spot in the vicinity of the city, where, divided accordingtotheirrespectiveclasses,theyinflictpenaltiesupon thosewhohesitatetojoininthecombination.Suchappearsto be the general repugnance to the operation of the Regulation, that the slightest disposition evinced by any individual to withdraw from the conspiracy, is marked not only by general opprobrium,butevenbyejectmentfromhiscaste. 3. Inthisstate,thepeopleseemresolvedtocontinueuntil the orders of Government are received and they hope by this meanstoextorttherepealoftheRegulation.Ihaveendeavoured to observe the most conciliatory line of conduct, to allay the generalirritation.Ihaverepeatedlygonetotheplacewherethey arecollected,andhavedoneallinmypowertopersuadethemto returntotheirproperoccupations.IhavewrittentotheRajahof Benares,totheprincipalmerchants, andtotheotherinhabit ants of rank and respectability, requesting them personally to exerttheirinfluencewiththepeopletopacifyanddispersethem.

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4. Butasalltheendeavoursproveineffectual,andasthe continuanceofsuchastateofthingsinacitysopopulousand extensivecannotbeviewedwithoutconsiderableapprehension for the public tranquility, I determined upon requesting the favourofapersonalinterviewwithMajorGeneralMacdonaldto explain to him the general disposition of the people, and to suggesttohimtheexpediencyofbeingpreparedforanypossible emergency.ThemeasureofsendingforhisMajestysRegiment was consequently resolved upon, and I trust under the circumstances of the case, it will receive the approbation of Government. I have the honour to enclose a copy of our correspondence. CityofBenares December31,1810 Ihave&c W.W.Bird,ActingMagistrate

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I.A.6(a)MajorGeneralMacdonaldtoActingMagistrate,Benares 31.12.1810 Sir, Inconsequenceoftheconversationwhichpassedbetween usthismorning,whereinyouexpressedyourapprehension,that the present state of irritation of the minds of the people of Benaresmayincreaseandeventuallyinducethemtoproceedto acts of violence, which I consider the small force now at the placeisillsuitedtorepress.Ifthereforeyouarestillofthesame way of thinking, I shall, on receipt of your reply to this, send immediate orders for His Majestys 67th Regiment to repair to thisplace.Inwhichcase,Ibegtoobserve,itwillbenecessary you give immediate instructions, for every thing required from yourdepartment,toassistthecorpsinitsmarchbeingready. Benares,halfpast12atNoon Ihave&c December31,1810J.Macdonald,MajGeneral

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I.A.7.ActingMagistrate,BenarestoGovernment 2.1.1811 Sir, Myaddressofthe31stultimo,dispatchedbyexpress,will havecommunicatedtotheRightHonble,theGovernorGeneral inCouncilthecircumstances,whichhadrendereditexpedient tocallfortheassistanceofhisMajestys67thRegimentatthis station. 2. I am deeply concerned to state that the combination formedagainsttheintroductionofthehousetaxbecomesdaily more extended, and has assumed a very serious appearance. Thepeoplecontinuetodesertthecity,andcollectinincreasing numbers at the spot, where they have resolved to remain in expectation ofthe ordersof Government.No assurance onmy part,oronthepartofthecivilauthoritiesatthisstation,hasthe slightesteffect.TheylooktotheordersofGovernmentalonefor relieffromagrievancetowhichtheyareresolvednevertosubmit andIamconvincednopersuasionwilleverprevailwiththemto swervefromtheirresolution. 3. There is too much reason to apprehend that this combinationextendsthroughouttheprovince.TheLoharswho originallyassembledforanotherpurpose,soontookaprincipal partintheconspiracy,andhavecollectedhereingreatnumbers from all parts of the province. The inconvenience suffered in consequence by ryots, threatens serious impediment to cultivation, and multiplies the number of the discontented. At the same time the people are integrated to persevere by the notionwhichprevails,thattheinhabitantsofothercitieshave engagedtoconformtotheissueofthestruggleatBenares. 4. Under these circumstances, it is seriously to be apprehendedthatmilitaryforcealonecancarrytheRegulation intoeffect.Theaversiontothetaxissodecided,thatthepeople will be satisfied with nothing but its total abolition. There appearstobelittledoubtinthemindsofmostpeople,thatthe attempttointroduceitunderanymodification,willgiveriseto seriousdisturbances. 5. The principal natives, whose influence, if cordially exerted, would have effect with the people, evince little or no dispositiontoassistme.Allequallyinterestedinthesuccessof

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thecombination,theywillnotexertthemselveseffectually.The personal influence of Mr.Brooke, the Agent of the Governor General,

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mightbemoresuccessfulwiththem.Ihaveconsequentlywritten tothatgentlemantorecommendhisreturningimmediatelyfrom the Circuit, and hope that the respect which the inhabitants entertainforhisrankandcharacter,maydisposethemtolisten tohimwithattention. CityofBenares Ihave&c January2,1811W.W.Bird,ActingMagistrate

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I.A.8.ActingMagistrate,BenarestoGovernment 4.1.1811 Sir, IhavethehonourtoreportfortheinformationoftheRight Honble, the Governor General in Council, that since my dispatchofthe2ndinstant,verylittlealterationhastakenplace inthestateofthiscity. 2.Ihavemuchpleasure,however,incommunicating,that theintriguessetonfoottoextendthecombinationthroughout theprovince,appearlikelytobeeffectuallycounteractedbefore any considerable mischief can result from them. As soon as I discovered that the Lohars were collecting here from the surroundingpergunnahsIcalleduponthelandholderstoexert their authority against a mischief which would retort upon themselves. I required them to recall the Lohars to their respectiveestates,andcompelthemtowork,andatthesame time tocounteract the misrepresentations employed todeceive the people. All those landholders with whom I have communicated,appeartoentercordiallyintomyviews,andhave exerted themselves effectually. I am greatly indebted for assistanceinthisrespecttoBabooSheoNarainSingh,Jagirdar ofSiedpoor,theonlynativeofconsequencewhohassupported meonthisoccasion.Iamalsoindebtedtohimforprotectingthe bazars in the city wherever his influence extends, and it is throughthesupportwhichhehasaffordedthepolice,thatthe cornmarketshavebeenunmolested,andthecitysuppliedwith cornattheusualprice,whennootherarticleofconsumption wasprocurable. 3. The people of different classes collected together in expectationoftheordersofGovernment,begintofeelthemselves

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thedistresswhichtheyinflictuponothers,andsomeofthem

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return occasionally to their pursuits. I have reason to believe thattheyhavehithertobeensupportedbyprivatecontributions amongtheprincipalinhabitants,whosupplythemwithfirewood andprovisions;butastheseresourcesbegintofail,theybecome sensible of the ruin which their conduct will ultimately bring upontheirfamilies. 4.Muchdependencehowevercannotatpresentbeplaced uponthesefavourablecircumstances,forthereligiousordersof the people, and the men of rank and respectability, continue unalterableintheirresolution,andencouragethemultitudeto perseverebyeverykindofartificeandpersuasion.Theprincipal people of every class are compelled to eject all those who are detectedinattemptingtowithdrawfromthecombination.They also send forth spies in all parts of the city to seize the delinquent,andIhaveapprehendedmanyemployeduponthis service.Ihave,ofcourseinflicteduponsuchpersonsverysevere punishment, but it does not deter others from committing similaroutrages. 5.Ishallcontinuetodoeverythinginmypower,untilthe orders of Government arrive to prevent disturbance by the meansofthepolice,andasIhavesucceededhitherto,Itrust, therewillbenoimmediatenecessitytocallfortheassistanceof the troops. Considering the nature of the struggle, it has appearedtomeadvisabletoabstainfromviolenceaslongasit canbeavoidedwithoutanygreatsacrifice,andItrustindoing so,IshallhaveactedconformablytothewishesofGovernment. CityofBenares Ihave&c January4,1811W.W.Bird,ActingMagistrate

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I.A.9.ActingMagistrate,BenarestoGovernment 8.1.1811 Sir, ItiswiththegreatestsatisfactionthatIamabletoreport fortheinformationoftheRightHonble,theGovernorGeneralin Council,thattheinhabitantsofthiscitybegintobesensibleof the inutility and danger of continuing longer in a state of insubordinationtotheauthorityofGovernment.

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2. In order to explain the circumstances which have produced this very desirable effect, I will state more minutely thanhasbeenhithertoinmypowerthealarmingsituationwe wereplacedinatthebeginningofthemonth.Thepeopleofall description, collected according to their several classes in the vicinity of the city, had bound themselves by oath never to disperse without extorting the object they were extending for, and theyseemedtoincreasedailyinnumbersand resolution. TheyemployedemissariestoconveyaDhurmPuttreetoevery villageintheprovince,summoningoneindividualofeachfamily torepairtotheassemblyatBenares.SeveralthousandLohars, Koonbees, and Korees, were enticed from their houses, and collected here by this excitement. At the same time, the inhabitantscontinuedtowithdrawfromthecity,andeventhose whowereunwillingwerecompelledtoabandontheirpursuits,to avoid the opprobrium and punishment denounced against all andinflicteduponmany,whodeclinedjoiningintheconspiracy. Theindividualsofeveryclass,contributedeachinproportionto hismeans,toenablethemtopersevere,andconsiderablesums of money were thus raised for the support of those, whose familiesdependedforsubsistenceontheirdailylabour. 3. The multitudes, thus assembled, were abundantly suppliedwithfirewood,oil,andprovisions,whilenothinginthe cityexceptgrainwasprocurable.Thereligiousordersexertedall their power over the prejudices of the people to keep them unanimous,andthecombinationwassogeneral,thatthepolice werescarcelyabletoprotectthefewwhohadcouragetosecede, frombeingplunderedandinsulted.Inthisstatewecontinued, untilthe3rdinstant,inmomentaryexpectationofsomeserious disturbance. 4. On the 3rd, however, the measures adopted against these seditious proceedings, began to be attended with effect. The landholders had taken alarm, and immediately upon the proclamation,senttheirpeopleandcarriedoffthenumbersof theKorees,Koonbees,andLoharstotheirrespectiveestates.At thesametime,someoftheemissariesemployedindistributing the Dhurm Puttree were apprehended by the police and this mischiefwassooncheckedbythemeasurestakentoseizesuch incendiarieswherevertheycouldbedetected. 5.Asthereappeared,amongthemultitudeassembledin thevicinityofthecity,manymenofrankandgoodcharacter,I stationed people on the way to write down the names, and to informthemtheywereactingindefianceofmyauthority.This

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gradually deterred many of them from appearing in the assembly.InthesamemannerIstationedthepoliceofficerson the roads to watch the supplies, and ascertain by whom they were provided,in consequence of which many of the principal inhabitantsdeclinedlongertofurnishtheirdailycontributions. 6.Muchpublicinconveniencewaslikelytoarisefromthe Mullahs being drawn into the conspiracy, the communication withtheoppositebankoftheriverwasalmostinterruptedandI was compelled to proclaim, that every boat abandoned by the proprietor, should be forfeited to Government. The Mullahs in consequence soon returned to their duties. At the same time several persons of different classes employed to extend the combination were detected by the police, and punished with exemplary severity. These examples, often repeated, began at lengthtodeterothersfromincurringtheconsequenceofsimilar offences. 7.Thesemeasures,assistedbythefatigueandprivations whichbegantobefeltseriouslybyall,convincedthepeopleof theinutilityoftheirproceedings,andtheydiminishedsensibly innumbers.Iresolvedtoavailmyselfofthisstateofthingsto endeavouroncemoretopersuadethemtodisperse,andforthis purposeIsentforseveralofthose,whomIknow,orsuspected, tobethefirstmoversofthecombination. 8.Mostofthesepersonsseemtobesensible,thatitisonly by dispersing that the people can expect indulgence from the Government, and they professed themselves disposed to do everything in their power to persuade all classes to return to their regular pursuits; very greatalteration appears already to have taken place in consequence. Yesterday and today, many shopsareopeninthecity,everyarticleofconsumptionisagain procurable. Numbers have returned to their daily occupations andtheirritationhasalmostentirelysubsidedandIhavelittle doubtthatinthecourseofafewdaysthiscombination,nowno longerformidable,willbetotallydissolved. CityofBenares Ihave&c January8,1811W.W.Bird,ActingMagistrate

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I.A.10.Collector,BenarestoGovernment 2.1.1811 TheSecretary, GovernmentofBengal,RevenueDepartment FortWilliam Sir, The Acting Magistrate of the city has already addressed you, for the information of Government, on the subject of the determination of the inhabitants to oppose the operation of Regulation XV, 1810, and of their factious inconsequence of suchdetermination. Ibegleavetoannexcopiesofmycorrespondencewiththe MagistrateastothemodeIproposedtopursue,inintroducing thehousetaxwhichwill,Itrust,manifesteveryintentionofleni ty,precautionandconsideration. In consequence of the Acting Magistrates summons I arrivedfromtheinteriorofthedistrictyesterevening.Iamgiven tounderstandthatconsiderablyabovetwentythousandpersons aresitting(itmaybecalleddhurna),declaringthattheywillnot separatetillthetaxshallbeabolished.Theirnumbersaredaily increasingfromtheMofussilwhenceeachcastehassummoned itsbrethrenandadjuredthemtouniteinthecause.Ifoneparty be more obstinate and more determined upon extending the mischief than another, the Lohars, or blacksmiths, may be so charged,fortheywerenotonlythefirsttoconvoketheassembly oftheirnearbrethren,buttheyhavefarandwidecalledupon otherLoharstojointhemwiththeintentthatnoimplementof cultivation or of harvest (which is fast approaching) be either madeormended,andthusthatthezemindarsandryotsmaybe induced to take part with the malcontents, in short that the wholeofthecountryshalldirectlyorindirectlybeurgedtoinsist ontherepealofthetax. With these Lohars almost all other castes, sects, and persuasions are in league and I am informed under a most bindingoathamongsteachother. At present open violence does not seem their aim, they seemrathertovaunttheirsecurityinbeingunarmedinthata military force would not use deadly weapons against such inoffensivefoes.Andinthisconfidencetheycollectandincrease,

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knowing that the civil power can not disperse them, and thinkingthatthemilitarywillnot.

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All the civil authorities have attempted admonition, warning and persuasion and the Acting Magistrate has been indefatigable in his exertions, but without avail. They profess thattheyshallwaittheorderofGovernment,butnotapparently withanydeterminationofultimatesubmission. If theydonot submit, theycan only have two objects in view, resistance by force of arms, or emigration. The latter, thoughsaidtobethreatened,Iconfess,Idonotapprehend.For, themomentthemobbreaksup,atthatmomentthecharmis broken.Theirmutualoathsofunion,theirresolutionofdeathor banishment, will be dissolved and each individual will consult his private interests. But how to disperse the mob without a cruelsacrificeoflivesappearsmostdifficult,forasIbeforeob served,theyarealikedeaftoadmonitionorremonstrance.Ihad anumberofLoharswithmetoday,andafterhavingforalong timeexplainedtothemthatthetax,inquestionwouldnotbea hard one upon them,thatIwould exertmyselftorecommend that they should not be subjected to the two cesses of Phatuckbundeeandhousetaxandthatiftheywouldbreakup theirMujlisandrepairtotheirhomes,Iwouldlistentoevery singlecomplaintofeveryindividualastotherateoftaxbeing excessiveuponthem,andasfaraswaspossiblewouldconsult theiradvantage;theyrepliedthattheywereoneandindivisible and if their Punch would consent, they would have another conferencewithmetomorrow. Althoughtheirnumbersareyetquietinpointofaction,if they be not dispersed before the orders of Government arrive, there is no knowing what despair may drive them to. In the meantime if the mischief of total annihilation of trade and handicraftinthecitybewidelyextendedtothecountry,itmay stirupthelandholderswhoareatpresentnotatallconcerned inthequestion. Itistobelamentedthatcavalrywerenotwithincall,who might have dispersed the multitude without committing slaughter, and might have hunted them wherever they assembled; for amongst them they do not appear to have any headoraleaderwhomightsummonthemtomoreprivateand inaccessiblehauntsandthoughtheyaredoubtlessmaintained, secretly supported, and stimulated by affluent persons and persons of consequence in the city, none of these latter descriptions would I imagine risk, the consequences to their character, persons and property of more treasonable cabals, beyondthetalentsandtheplansofameretumultuousrabble.

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ThatGovernmentshouldat

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the instance of a mob consent to withdraw or repeal a law establishedforthewholecountrycanhardlybesupposed,andit is therefore essential to provide against the consequences of refusaltotheclamorouspetitionsthathavebeentransmitted. I have learnt from good authority thatthe inhabitants of Patna have written to Benares to the effect that they shall be guidedbythese.Thatbeingmorenumerous,theBenarescityis better able to make exertions against the tax and if it shall succeed in procuring abrogation the city of Aminabad would becomeexemptedofcourse;inlikemanner,iftheBenarescity submitsthenPatnawillimmediatelyfollowitsexample. Thuswhilstitwillbeseenhowextensivethecombination is,itwillalsobeconsideredthatBenaresisthecornerstoneon whichtheothercitiesbuild. BenaresCollectorsOffice January2,1811 Iam&c W.O.Salmon,Collector

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I.A.11.GovernmenttoActingMagistrate,Benares 5.1.1811 Sir, IamdirectedbytheRightHonbletheGovernorGeneral inCounciltoacknowledgethereceiptofthreelettersfromyou, dated the 25th, 28th and 31st ultimo, with their respective enclosures. 2.TheGovernorGeneralinCouncildoesnotdiscernany substantialreasonsfortheabolitionofthetaxonhousesinthe citiesandprincipaltownsestablishedbyRegulationXV,1810. With thesesentiments,HisLordship inCouncilfurtherthinks that it would be extremely unwise to sacrifice to riot and clamour a tax, the abolition of which is not dictated by any considerationsofgeneralpolicy. 3. The GovernorGeneralinCouncil approves the measures adopted by you on the present occasion, and His LordshipinCouncil desires that you will continue to exercise the firmness and moderation, hitherto manifested by you, in enforcingtheprovisionsoftheabovementionedRegulationand supportingtheauthorityoftheCollector.

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4.Onegroundofobjectionstatedbythepetitionersisthat they are already subject to a contribution for the pay of chokeydars and the repair of the gateways (Phatuckbundee) whichisnotpaidbytheinhabitantsofothercities.Asitoccurs to Government that this contribution, united to the tax on houses established by the above mentioned Regulation, might fallheavyonparticularclassesofpeople,itistheintentionof Governmentthattheyshouldberelievedfromtheformer,and thattheexpenseofthePhatuckbundeeshouldbedefrayedfrom the general resources of Government. You are accordingly authorised to communicate this intention to the people interestedintheoperationofit,insuchmodeasyoumaydeem bestcalculatedtoallaythedispositiontoriotandresistanceto public authority, which appears so generally prevalent among lower orders in the city of Benares. It appears to Government that the most advisable course to pursue on the present occasion will be to apprise MajorGeneral Macdonald of the intentionsofGovernment,asabovestated,toconcertwithhim thearrangementswhichshouldbeadoptedforthesuppression ofanyattempttoresistyourownauthorityorthatoftheCol lector, or to injure the peaceable and obedient part of the communitybyopenviolence,andforthedispersionofmobsand theapprehensionoftheringleadersofthem,withaviewtoa regular prosecution against such offenders and thereupon to announce to the public the firm intention of Government to enforce the collection of the tax on the one hand; and the indulgence which it is disposed to manifest by relieving them fromthecontributiononaccountofthe Phatuckbundeeonthe other. You will, of course, take the same opportunity of impressingontheirmindstheseriousevils,whichtheyareliable tobringuponthemselvesbyfurtherperseveranceinresistance to the authority of Government. It may at the same time be expedienttoapprisethemthatwitheverydispositiontoaffordto thepeopleeveryreasonableindulgenceandtoprotectthemin the enjoyment of every right, the GovernorGeneralinCouncil nevercanyieldtolawlesscombinationsortoattemptsmadeto enforce a compliance with their applications by tumultuary meetingsandproceedings. 5.Youwill,ofcourse,availyourselfoftheinfluenceofthe RajahofBenaresandofotherpersonsofrankandcharacter,to aidinthesuppressionofthespiritofriotandseditionbywhich thepopulaceisatpresentactuated.

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CouncilChamber Iam&c January5,1811G.Dowdeswell,SecretarytoGovernment

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I.A.12.GovernmenttoActingMagistrate,Benares 7.1.1811 Sir, IamdirectedbytheRightHonbletheGovernorGeneral inCounciltoacknowledgethereceiptofaletterfromyou,dated the2ndinstant. 2.Myletterofthe5thinstantwillhaveinformedyouofthe resolution of Government not to rescind the provisions of RegulationXV,1810.Thesamedispatchwillhaveapprisedyou of the sentiments of Government respecting the absolute necessityofdispersing(ifactuallynecessary,byforceofarms) the mobs assembled withaviewtoextort from Government a compliance with their unreasonable applications, and likewise the expediency of apprehending the leaders of them, in order thattheymightberegularlybroughttotrialforthatoffence.The GovernorGeneralinCouncil is desirous that it should be understood that he intended by the above mentioned orders, that with the aid of the military, you should apprehend all persons, who might refuse to disperse on your requisition, especially those who may be chiefly active in fomenting the presentsedition. 3.ItiswithextremereluctancethattheGovernorGeneral inCouncilisatanytimecompelledtoemploythemilitaryforce of the country, to enforce the Regulations and orders of Government,andmaintaintheauthorityofthepublicofficers. HisLordshipinCouncilissolicitousthateverythingshouldbe done by yourself and the Collector, by means of wholesome admonitions, to reclaim the people from their present lawless andseditiousproceedings,thatthemilitaryshouldnotemploy their arms except in case of actual necessity, that is, of any positiveactofviolenceonthepartofthemobagainstthetroops, oranyofthecivilauthorities.Youareinconsequencedesiredto communicatetheforegoingorderstoMajorGeneralMacdonald, in order that he may be fully apprised of the course which shouldbepursuedbyhimandthetroopsunderhiscommand onthepresentemergency. 4. The GovernorGeneralinCouncil approved the applicationmadebyyoutoMr.Brooketoreturntohisstation, and to exercise all the influence which he may possess, to

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inducetheRajahofBenaresandotherpersonsofrank,toaidin suppressing the present disposition to riot and disturbance. Withthe

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sameview,aletterwillbeaddressedonthesubjecttotheRajah bytheGovernorGeneral. 5.YouwillapprisetheCollectorofBenaresoftheorders passedbyGovernmentonthe5thinstant,andonthepresent date,itappearingessentialthatthedifferentpublicauthorities should possess full information regarding the resolutions of Government to enforce the provisions of the Regulation respectingthehousetax. 6. It appearing to his LordshipinCouncil, that a proclamationissuedbythedirectauthorityoftheGovernment itself, may be of service in reclaiming the people from their unjustifiableproceedings,oratallevents,inapprisingthemof the evils which they may bring upon themselves by a further perseverance in those lawless measures, I am directed to transmit to you the enclosed copy of a proclamation in the English,PersianandHindoostanylanguages.Youwill,ofcourse, exercise your discretion with reference to the military arrangements to be made by General Macdonald, as to the periodortimeatwhichtheproclamationshouldbeissued. Iam&c G.Dowdeswell, CouncilChamberSecretarytoGovernment, January7,1811 JudicialDepartment

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I.A.12(a)FortWilliamProclamation January7,1911 BytheRightHonbletheGovernorGeneralinCouncil Whereas by Regulation XV, 1810, a light and moderate assessmenthasbeenestablishedonshopsandhousessituated inthecitiesandsomeoftheprincipaltownsintheprovincesof Bengal, Behar, Orissa and Benares, and in the Ceded and ConqueredProvinces;andwhereasithascometotheknowledge of the GovernorGeneralinCouncil, that certain classes of people atthe city of Benares have assembled in a tumultuary manner and have otherwise illegally combined to resist the enforcement of the above mentioned Regulation; and whereas the GovernorGeneralinCouncil on a mature consideration of the petitions which have been transmitted to him on this subject,doesnotdiscernanysubstantialreasonsforrepealing

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theprovisionsof

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that Regulation, the different classes of people above noticed, andtheinhabitantsingeneralofthecityofBenares,arehereby apprised,that instructions havebeen issuedtothe Magistrate andCollectortocarrytheprovisionsofthesaidRegulationinto effect, and that correspondent orders have been issued to the officercommanding the troopsinthatprovince tosupport the Magistrate and Collector in the discharge of that duty, and especially to exert himself in dispersing tumultuary meetings, andinbringingtojusticepersonsattendingsuchmeetings,or otherwise aiding in combinations formed for the illegal and unwarrantablepurposealreadynoticed. It is with deep concern that the GovernorGeneralin Councilfeelshimselfobligedtowarntherefractorypartofthe community of the serious evils, which under the foregoing orders, they are liable to bring upon themselves by a further perseveranceintheirpresentseditiousconduct.Thedisposition oftheGovernmenttoattendtoallreasonableapplications,and toaffordequalprotectiontoallclassesofpeople,isuniversally acknowledged;butitnevercanbeinducedtoforegowhatithas deemedajustandreasonableexerciseofitsauthorityinconse quenceofunlawfulcombinationandtumult. ByorderoftheGovernorGeneralinCouncil.

. . .
I.A.13.GovernmenttoActingMagistrate,Benares 11.1.1811 Sir, I am directed toacknowledge the receipt of a letter from youdatedthe4thinstantandtoacquaintyouthattheHonble the GovernorGeneralinCouncil has derived great satisfaction fromlearningthatthespiritofseditionandresistancetopublic authoritywasbeginningtosubsideinthecityofBenaresatthe periodofyouraddress. 2. In the 4th paragraph of your letter you observe as follows,Muchdependencehowevercannotatpresentbeplaced onthesefavourablecircumstances;forthereligiousordersofthe people,menofrankandrespectability,continueunalterablein theirresolution,&c.

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3. Clause first, Section 6, Regulation XV, 1810, declared thatallreligiousedificesshallbeexemptfromthepaymentof thetaxonhouses:Itmaybepropertodefinemoreparticularly in a future Regulation the import of those terms. But in the meantime,hisLordshipinCouncildesires,thatincarryingthe provisionsoftheRegulationintoeffectthegreatestlatitudemay beallowedtothatexemption,whichthetermsoftheforegoing clause will reasonably and properly admit. His Lordshipin Councillikewisedesiresthatyouwillreportinconcertwiththe Collectorthedifferentdescriptions ofreligiousbuildingswhich may be exempted under the rule above mentioned, and the presentordersofGovernment,fromthepaymentofthetax,in orderthatthenecessaryexplanationonthesubject(asalready noticed)maybeinsertedinafutureRegulation. 4. The GovernorGeneralinCouncil has observed with greatsatisfactionthemeritoriousconductofBabooSheoNarain Singhon thepresentoccasion. You will,accordingly, acquaint him that the GovernorGeneral has been requested to present Baboo Sheo Narain Singh with a Khelaut, as a particular testimonyoftheapprobationbyGovernmentofhisexertionsin supplying the Bazars, and in otherwise aiding in the maintenanceofthepublictranquility. 5. I am directed to add that the GovernorGeneralin Councilentirelyapprovesthemeasuresadoptedbyyouonthe presentemergency;yourconductappearingtohisLordshipin Council to combine proper firmness with the greatest possible moderation and indulgence towards the misguided people, by whomthepresentunhappydisturbanceshavebeenexcited. Iam&c G.Dowdeswell, SecretarytoGovernment, JudicialDepartment

CouncilChamber January11,1811

. . .

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I.A.14.GovernmenttoActingMagistrate,Benares 11.1.1811 Sir, In continuation of my letter of the present date, I am directed to acquaint you that in carrying into effect the provisions of Regulation XV, 1810, it is not the intention of Governmentthatthehousesofthelowestordersofthepeople shouldbesubjecttothetaxestablishedbythatRegulation:that is,ofthoseclasses,whomightbesubjecttodistressfromthe payment of it, while its produce from the very inconsiderable valueofthebuildingscouldnotbeanobjecttoGovernment. 2. The GovernorGeneralinCouncil is not at present prepared to determine the precise rent, or commuted annual produce, of the buildings to which the above mentioned exemption should extend; but his LordshipinCouncil has deemeditadvisabletoappriseyougenerallyofthesentiments entertained by Government on this point. Previously to communicating the present orders to the different classes of people, who may be benefited by their operation, you will naturally consider in what mode it can be done, without compromisingthepublicauthorityorweakeningthesentiments of respect which it is so essential that the community should feel,especiallyatthepresentjuncture,fortheGovernment.The change of circumstances,whichmayhavealreadyoccurredor which may take place, previously to the receipt by you of the presentordersofGovernment,precludestheGovernorGeneral inCouncilfromfurnishingyouwithanyspecificinstructionson that point, but his LordshipinCouncil would hope that the peoplemayhaveshownthemselvesdeservingoftheindulgence proposedtobeextendedtothembytherelinquishmentoftheir lateseditiousandcriminaldesigns,andbyajustsubmissionto publicauthority. 3. Youwill, of course, communicate the presentletterto the Collector for his immediate guidance in fixing the assessment, who will be furnished with correspondent instructions,assoonascircumstancesmayadmit,throughthe usualchanneloftheBoardofCommissioners. Iam&c G.Dowdeswell, CouncilChamberSecretarytoGovernment, January11,1811 JudicialDepartment

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I.A.15.GovernmenttoCollector,Benares 7.1.1811 Sir, IamdirectedbytheRightHonble,theGovernorGeneral inCouncilthereceiptofaletterfromyoudatedthe2ndinstant, andtoacquaintyou,thatordershavebeenissuedtotheActing MagistrateofBenaresforenforcingtheprovisionsofRegulation XV,1810. TheActingMagistratehasbeendesiredtocommunicateto you the instructions of Government on this question to which youwillaccordinglyconform. Iam&c G.Dowdeswell, CouncilChamberSecretarytoGovernment, January7,1811RevenueDepartment

. . .
I.A.16.ActingMagistrate,BenarestoGovernment 18.1.1811 Sir, I lose no time in submitting the enclosed papers for the considerationofGovernment. 2.Inmyaddressofthe8thinstant,Ihadthesatisfaction toreport,thattheagitationamongtheinhabitants ofthiscity had in considerable degree subsided, and that I confidently expected the combination, formed to resist the orders of Government, would speedily be dissolved; the disposition manifested by the people induced me to entertain that expectation until the 13th instant, when I communicated the resolution of Government not to rescind the Regulation XV, 1810,totheprincipalnativeinhabitantsofBenares,inthehope thattherewouldbenonecessityofresortingtomilitaryforceto compel the people to submit to it. (copy of the proclamation deliveredtothemisalsoenclosed) 3. The day after this resolution was communicated, the

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peoplebeganagaintocollecttogether,fortheostensiblepurpose

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ofproceedinginabodytopresentapetitionatthepresidency.In thisstateofthingsIreceivedtheGovernmentproclamation,and thinkingthatitwouldbeofserviceinreclaimingthepeoplefrom theirunjustifiableproceedings,Iproposedtopublishit.Major GeneralMacdonald,however,didnotconsiderhimselfinastate to afford me the support I might require, and after the sentimentsexpressedbyhimataconferenceheldthismorning at Mr. Brookes, I have deemed it necessary under the instructionsofGovernmenttosubmittohisopinion,althoughI seenogroundforapprehendingthatthepeoplewouldresist,by openviolence,thedirectauthorityofGovernment. 4. The reinforcement, which MajorGeneral Macdonald expects from Lucknow, cannot arrive, I am informed, in less than six or eight days. I will endeavour in the meantime to counteract,byallthemeansinmypower,theinjurywhichthe publicservicesustains,underthepresentcircumstances. 5. As long as the people persevere in these unjustifiable proceedings,theyaretotallyundeservingofindulgence,anditis impossibletocommunicatetothemthebenevolentintentionsof theGovernment.Ihavegiventhenecessaryinformationtothe Collector for his immediate guidance infixing the assessment, but I do not conceive it possible, without compromising the authority of Government, officially to communicate it to the public,untilthepeopleshallhaveshownthemselvesworthyof theconsiderationproposedtobeextendedtothem,bytherelin quishmentoftheirseditiousandcriminaldesigns,andbyajust submissiontopublicauthority. CityofBenares Ihave&c January18,1811W.W.Bird,ActingMagistrate

. . .
I.A.16 (a) MajorGeneral Macdonald to Acting Magistrate, Benares. 12.1.1811 Sir, Ihavethehonourtoacknowledgethereceipt,justnow,of yourletterofthisdate,enclosingacopyoftheletterfromthe SecretarytoGovernment,JudicialDepartment,toyouraddress communicatingtoyoutheintentionofGovernment,toenforce thecollectionofthetaxuponhouses,&c,toconcertwithme,

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thearrangementthatshouldbeadoptedforthesuppressionof anyattempt,thatshallbemade,toresistyourauthority,orthat oftheCollector,whichIshouldbeready,atanytimeyouplease topointout,tocarryintoeffect,byapersonalconference,ifyou please,anditwillbeagreeableandconvenient.IwillbeatMr. Brookeshouse,asifbychance,tomorrowmorning,atorbefore 8oclockforthepurpose.Asseveralpoints,onwhichIwantfull information, will be necessary to be gone into: ere a proper arrangementcanbemade,towit. Thetemperofthepublicmindatpresent,thedispositionof themobassembled,whethertoresist,whenthedeterminationof the Government shall be made known, or to break up the unlawfulassembly:andagainpetitionGovernment.Whateffect, you imagine will be produced, when it shall be known, the Phatuckbundeistobeabolished:ifthismay,ornot,occasiona separation of the inhabitants of the city, affected by the Phatuckbunde,fromthoseofthesuburbs,&c,andcausethe assembly to breakup; and the people to return to their habitations,andrespectiveoccupations.Whetheritmightnotbe prudenttotrytheeffortofmakingthisknown,previoustothe otherbeingdeclared.ThisImentionmerelyasasuggestion.It will be necessary, I should know the descriptions of persons, their names, ranks and influence, who have been the secret movers,inthiscombination,whomyouthinkshouldbecalledto account, and if any of these are amongst the mob; if the Goshains areconcerned,whatsectsand towhatextent,asto numbers.IftheRajpootsarewiththemobinanynumberandif youhavereasontothink,the RajpootswilljointheseGoshains and others, when it shall be proclaimed, the tax is to be enforced. Whether or not the Mahrattah, who are fixed inhabitantsoftheplace,areconcerned,areanyofthemwiththe mob, and of what rank and description. If these people (the fightingcastesincludingMahommedans)caneasilyarmthem selves: and how soon you imagine they could appear in condition, to make resistance. And if youcansay, whether or notthoseaboutHisHighnessAmrutRao,aredisposedtostand quite neuter. Lastly, whataid youthink the Rajahof Benares willorcanaffordinordertoenableyoutocarryintoeffectthe ordersofGovernment. On the various points herein stated, I should be glad to haveafewwordsinwriting. Benares Ihave&c

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5P.M.,January12,1811J.Macdonald,Maj.General

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I.A.16 (b). SubstanceoftheverbalcommunicationmadebyMr. Bird, the Acting Magistrate of the city of Benares, to Major General Macdonald, commanding the station, during the conferenceatMr.Brookeshouseonthe13thJanuary1811 Thatthetemperofthepublicmindappearedtocontinue very unfavourabletowardstheGovernment,andthatthepeopleboth intheMofusilandinthecity,wereunanimousinonecommon effort, to obtain the abolition of the imposts of which they respectivelycomplained.Thatmenofallclassesanddescription, from the highest to the lowest, whether Mahommedans or Hindoos,Jolahirs,RajpootsandGoshainsincluded,wereallof onemind,andengagedbyoathtopromotethecommoncause. ButitwastheopinionoftheActingMagistrate,thattheyhadno preconcerted plan of resistance by open violence, that it was rathertheirobjecttoprovoketheordersofGovernmenttooffer violenceuponthem,inordertomakeoutacaseofoppression againsttheGovernment,tobepresentedinthefirstinstanceto theSupremeCourtofJudicatureinCalcutta.Thatitwas,under thesecircumstances,advisabletoavoideventheappearanceof measures calculated to produce that effect, but to leave the peopleentirelytothemselves,andinthatstate,topromulgate the ordersof Governmentwithout hesitation ordelay.Thatas thepeopleweredisarmed,theeffectoftheordersofGovernment upon the public mind, would be perceived, in any case, soon enoughtocallforththetroops,soastopreventmischiefensuing from an attempt to resist by force of arms, the authority of Government. TheActingMagistratealsoexpressedhisopinion,thatthe dependants of His Highness Amrut Rao would certainly stand neuter, and that His Highness himself would be disposed, if calledupon,tosupporttheGovernment,butthatnoassistance couldbeexpectedfromtheRajahofBenares. Thiscommunicationwascommittedtowriting byMrBirdanddelivered toMajGenMacdonald W.WBird byMrBrooke.ActingMagistrate

. . .

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I.A.16(c).AtaconferenceheldinatMrBrookeshouseonFriday, the18thJanuary1811,betweenMajorGeneralMacdonaldand Mr W.W. Bird, in which Mr Bird proposes to carry into effect tomorrow morning, theProclamation of Government,underdate the7thinstant,inthemodeprescribedbyGovernment. MajorGeneralMacdonaldobjectstotheimmediateexecutionof theordersofGovernment,untilheshallbebetterpreparedby thearrivalofabattalionfromthe4thRegimentNativeInfantry, unless Mr Bird positively assures the MajorGeneral that the military will not be opposed, and upon his own responsibility callsupontheMajorGeneralimmediatelyandwithoutdelayto employ the present force, which the MajorGeneral has. The MajorGeneral informs Mr Bird that his present disposable native force, including four companies of volunteers, does not exceed500Firelocks,andHisMajestys67thRegimentshould not,theMajorGeneralthinks,beemployedbutintheverylast extremity.TheriskistoogreatintheMajorGeneralsopinion; asifineventofresistanceanybloodofBrahminsorofreligious orders be split, the consequences might be most serious. The MajorGeneralnowexpresseshisopinion,ashedidonaformer meeting;andthatasthepeoplehavesincechangedtheirground with the apparent intention of moving away, they should be allowedtodisperseofthemselves. MrBirdadvertingtotheexpressionmadeuseofbyMajor GeneralMacdonald,astotheapparentintentionofthepeopleto moveaway,begsleavetoremark,thatthosewordsmaybeara meaning of moving away to their own houses, which in fact would be obeying these orders of Government before promulgation. Ifsuchbethe opinion oftheMajorGeneral,Mr Birdissorryhecannotaccedetoit.MrBirdhaseveryreasonto supposethatthesepersonshavemovedawayfromtheiroriginal groundwiththeintentionofgoinginabodytoCalcutta.MrBird furthercanonlyrepeattheopinionrecordedinhisofficialletter toMajorGeneralMacdonald,underdatethe16thinstant(which wasanerrorofwritingforthe17th),astothepartwhichmaybe takenbytheRajpootsandtheotherfightingtribes,oncarrying into effect the orders of Government. Still after what Major General Macdonald has expressed, Mr Bird does not think himself authorised to act upon his own opinion and consequentlyshallnotpublishtheGovernmentProclamation.

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In reply, MajorGeneral Macdonald observes that by the peoplemovingaway,hedidnotmeantodeclarewhitherthey

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were moving, whether to their houses or elsewhere the Major Generalcannotpretendtosay. J.Macdonald,MajorGeneral W.W.Bird.ActingMagistrate Committedtowritingandsignedinourpresence, W.A.Brooke, J.D.Erskine, W.O.Salmon. After signing the above,the MajorGeneraladds, thatif under anychangeofcircumstances,MrBirdshouldbeofopinionthat the present military force which the General has, should be immediately called for and employed, and Mr Bird should in consequence so call upon the MajorGeneral to that effect, MajorGeneralMacdonaldwillforthwithcomply. J.Macdonald,MajorGeneral (witnessedasabove)

. . .
I.A.17.ActingMagistrate,BenarestoGovernment 20.1.1811 Sir, Verylittlealterationhastakenplaceinthestateofaffairs atthiscitysincethedateofmylastletterforwardedbyexpress. Thepeoplestillcontinuecollectedastheywere,andunlesstheir perseveranceshallyieldtofatigueanddisappointment,Iseebut little reason to hope for any very favourable change, until circumstances enable me to carry into effect the orders of Government. 2.SoonaftertheresolutionofGovernmentnottorescind RegulationXV,1810,waspromulgated,inflammatorypapersof themostobjectionabletendency,appearedplacardedaboutthe streets. I have the honour to enclose 7 copies of two of these paperstobelaidbeforetheGovernment,Ihaveofferedareward ofRs.500foreverymanonwhomsuchapapermaybefound, andhopethatthisrewardwillnotbethoughtmoreconsiderable thanthenatureandexigencyofthecaserequired. 3.Itcaneasilybeunderstoodthatinthepresentstateof

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things,littleornoprogressismadeintheassessment,andthat itbecomeseverydayanobjectofgreaterimportancetodisperse thepeople,andcompelthemtoputanendtotheirseditiousand unwarrantable proceedings. As MajorGeneral Macdonald considers anadditional force indispensable for thatpurpose, I ammostanxiousitshouldarrive;thatImaycarryintoeffectthe ordersofGovernment.Icannotbutfeelveryforcibly,thatsuch a state of things being permitted to continue in defiance of publicauthority,hasalreadyweakened,andweakensdailystill more and more, those sentiments of respect, which it is so essential that the community should entertain for the Governmentofthecountry. CityofBenares Ihave&c January20,1811W.W.Bird,ActingMagistrate

. . .
I.A.18.ActingMagistrate,BenarestoGovernment 28.1.1811 Sir, Frommylettersunderdatethe18thand20thinstantthe Right Honble, the GovernorGeneralinCouncil will have becomeacquaintedwiththecircumstanceswhichpreventedme fromcarryingintoeffecttheordersofGovernment,andthevery criticalsituationinwhichthesecircumstancesplacedme. 2. The authority of Government was openly disregarded andinsulted,thewholepopulationofthecitywasinastateof acknowledgeddisobedienceandinsubordination,andthepublic mindwasagitatedbytheproceedingsofamob,collectedforthe avowed purpose of resisting the orders of Government, and of deliberatingonthebestmodeofextortingcompliancewiththeir demands.Theyexpectedtoextortthiscompliancebythreatening toproceedinabodytoCalcutta,throughallthecitiessubjectin common with themselves to the grievance which they had assembledtoresist,andincasetheirthreatshouldnotproduce theeffectwhichwasexpected,theyresolvedactuallytocarryit intooperation. 3. As soon as the people perceived that the threat of proceedingtoCalcuttawouldneverextorttheobjectintendedby it, they began to concert measures to undertake the journey. Theydeterminedthattheproprietorofeveryhouse inthe city

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should

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eithergohimself,orsendapersontorepresenthim,orcontrib ute,inproportiontohismeanstodefraytheexpensesofthose whomightbedisposedtogo. 4.Thereligiousordersexertedalltheirinfluenceoverthe prejudicesandsuperstitionsofthepeopletopersuadethemto conformtothisdetermination,buttheireffortswereunsuccess ful. When it came to the point, few were found disposed to undertakeajourneyonwhichtheywerelikelytobeobstructed: norweretheywillingtocontributetopromotethescheme,the object of which, they were fully convinced, would never be accomplished. 5. This disappointment occasioned among them considerableembarrassment,andtheyresolvedinconsequence totrytheeffectofanotherapplicationtopublicauthority.They accordinglypresentedapetition(acopyandtranslationofwhich isenclosed)tothejudgesoftheprovincialcourt,inthehopeof obtainingfromtheinterpositionofthatcourt,someresolutionin theirfavour. 6.Thetotalrejectionofthispetitionmultipliedtheirdiffi culties, and induced several sensible and reflecting persons to withdraw their support from the undertaking. The people in generalbegantoperceive,thattheywereinvolvedindifficulties fromwhichtheycouldnotextricatethemselveswithcredit.They were now sensible that Government would never yield to clamour and unlawful combinations; but they were still kept togetherbyaconsciousnessoftheiroffences,bythefearofthe punishment which awaited them, and by the dread of the obloquytheymustincur,byrelinquishingtheobjectforwhich theyhadsounsuccessfullycontended. 7.Thisfavourablestateofthingswasgreatlyimprovedby the zeal and activity of Sieud Akber Allee Khan, that old and faithful public servant, who with the assistance of Moulvee Ubdool Kadir Khan, the agent between Mr. Brooke and his Highness Umrut Rao, exerted himself most successfully in counteracting the projects of the mob, and in adding to their embarrassments.Atlength,thepeople,perplexedandirresolute, begantoapprehendthatastheGovernmentwereregularlymade acquaintedwithalltheirproceedings,theirconductsofarfrom obtaining the object of their demands, would ultimately draw uponthemselvesthemostseriousevils. 8.Fulloftheseapprehensions,theysoughtonlyapleafor reconcilingtothemselvesthenecessityofreturningtoobedience, andwiththisview,theyinformedmeonthemorningofthe23rd

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instant that they were willing to disperse, provided I came to theminpersontorequestit.Butafterthepublicaffrontswhich theyhadrepeatedlyofferedtotheauthorityofGovernment,Idid notthinkitwouldbepropertograntthemthisindulgence,andI accordinglydeclinedcomplyingwiththeirrequest.Atthesame time, a plan was requested to me by Sieud Akber Alee Khan, whichpromisedtobeequallysuccessful,andofwhichcircum stancessoonenabledmetoavailmyself. 9.Mr.Brooke,whoimmediatelyonthereceiptofmyletter hadreturnedtohisstation,andonhisarrival,exertedhimselfto the utmost for the support of my authority, by exercising his influence to induce the native inhabitants of rank to aid in suppressing the disturbance, prevailed with the Rajah of Benarestoreturnfromhiscountryresidencetothecity,andthe Rajah appeared to be the most proper instrument of inspiring the people with a due sense of their duty, and of the evils to which they would be exposed by further perseverance in their misconduct. 10.Thiswasverysuccessfullymanagedbytheagencyof thetwopersonsabovementioned,SieudAkberAlleeKhan,and Ubdool Kadir Khan. The people were taught to look to the intercessionoftheRajahforforgiveness,andtheRajah,whose emulation had been excited by the distinction conferred upon Baboo Sheo Narain Singh, easily understood that by exerting himselfonthisoccasionhewouldaugmenthisclaimuponthe esteem and confidence of Government. The matter being thus arranged,theRajaconductedhimselfinamannerdeservingthe highestapprobation.Heproceededwithallthedistinctionsofhis ranktotheplacewherethepeoplewerecollected,themobsoon listenedtohis exhortations,and returnedtotheirhomes,and the Rajah, selecting from among them, fifty of the persons principallyconcernedwiththedisturbance,broughtthemtome toacknowledgetheiroffences;whiletheRajahimselfinterceded intheirbehalfandsolicitedmetoendeavourtoprocurebothfor themselvesandforthesubjectoftheircomplaint,theindulgence oftheGovernment. 11. Thus tranquility has been completely restored, and Regulation XV, 1810, can be carried into effect without any furtheropposition.Thetaximposedbyithoweveronthehouses ofthiscity,continuesneverthelesstobemostobjectionableto thefeelingsofitsinhabitants, whocannotbedissuadedfrom consideringitinthelightofanencroachmentontheirprivileges. With such an impression of the nature of the tax, all that

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delicacy for the feelings of the people, which the Collector prudentlypaystothem,muststillcontinuetobeobservedinthe modeof

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assessingandcollectingit.Ihavereasontobelievethatitwould tend in some degree to reconcile them to the measure, if the expense of the Phatuckbundee instead of being defrayed from thegeneralresourcesofGovernmentshallbeprovidedforbya remissionintheassessmentofthetaxonhouses,equaltothe amountofthecontributionwhichtheproprietorsaresubjected to for the Phatuckbundee. The inhabitants are accustomed to thelatterandcontributewithoutreluctancetothesupportofan establishment, by which themselves and their property are protected.IfGovernmentconsenttothisalteration,itwouldnot onlyincreasethepublicrevenue,butbereceivedwithgratitude bythepeople,whoassoonasitispropertoacquaintthemwith theexemptiontobeextendedtothepoor,andtocertainclasses ofthereligiousorders,willItrustbesensibleoftheindulgence oftheGovernment. 12. It remains to consider the course which it will be expedient to pursue towards those persons by whom the late seditiousproceedingshavebeenexcited.Thereisnodoubtthat the conduct of many of them has been highly criminal, and deserves the most exemplary punishment. But the hearts of everymaninthiscityareunitedwiththem,andtherearevery few, who have not in some way or other, afforded them encouragementandassistance.Iftheyarebroughttotrial,itwill not tend to remove the present discontents, whereas a proclamation of general pardon would fill all classes of people withgratitudetoGovernmentforitslenity,andleavealasting impressionofthetendernesswhichitisdisposedtoextend,even under the present circumstances, to its subjects. Much indulgence is due to them for their late unconditional submission,forabstainingfromeveryactofviolentresistance, underthestateintowhichtheirfeelingshadbetrayedthem,and forthrowing themselvesatlast,consciousastheyfeeloftheir offences, upon the mercy of those whom they had offended. Enoughperhapshasalreadybeendoneforthesupportofthe public authority and if the principal offenders are merely requiredtoenterintoarecognizance,engagingtotakenopart again in tumultuary meetings and proceedings, it will be sufficient,Iamofopinion,topreventtherecurrenceofsimilar disturbances. 13.IthinkitmydutytosolicithisLordshipinCouncil,to bestowsomemarkofapprobationontheconductofSieudAkber AlleeKhan,andMoulveeUbdoolKadirKhan,whoseconducton thisemergencyhasprovedtheminthehighestdegreezealous

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forthepublicservice.Ibegalsotomakefavourablementionof

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Baboo Jumna Das, the principal native merchant in Benares, who from the time that the orders of Government were promulgated, laudably exerted himself to the utmost of his power,toenforceobediencetoitsauthority. 14. I can not close this address without publicly acknowledgingtomyassistantMrGlyn,thegreatsupportIhave receiveduponthisoccasionfromhisdiligenceandexertions. CityofBenares Ihavethehonourtobe&c 28thJanuary1811W.W.Bird,ActingMagistrate

. . .
I.A.18(a).OrderoftheCourtofAppealandCircuitonPetition ORDER In the opinion of the judges of the Court this petition is not cognisablebytheCourtofAppealorCourtofCircuit.Besidesit appears that this petition has been presented on the part of peoplewhoaredeterminatelyengagedinmobsandassemblies contrarytotheRegulations,whichishighlyimproper;alsothe styleandcontentsofthispetitionaredisrespectfulwhichisan additionalreasonfornotallowingofit. W.A.Brooke,SeniorJudge J.D.Erskine,Acting3rdJudge JudgesoftheCourtofAppeal andCircuitfortheDivisionofBenares

. . .
I.A.19.GovernmenttoActingMagistrate,Benares 4.2.1811 TheActingMagistrateofBenares Sir, IamdirectedbytheRightHonbletheGovernorGeneralin Counciltoacknowledgethereceiptofyourlettersdatedthe8th, 18th,20thand28thultimowiththeirenclosures. 2.8th,18thand20thultimorequirenoparticularorders. 3. 28th ultimo. The Governor General in Council has derivedgreatsatisfactionfromlearningthatthepeoplewhohad

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assembledwiththeviewofdefeatingtheobjectofRegulationXV, 1810haddispersedandsubmittedtopublicauthority. 4.TheGovernorGeneralinCouncilapprovesgenerallythe coursepursuedbyyouwithaviewtotheaccomplishmentofthe importantobject. 5.HisLordshipinCouncilhasobservedwiththehighest satisfaction the proofs given by the Rajah of Benares on the presentoccasion,ofhiszealforthepublicinterests,andofhis solicitude for the prevention of those evils in which the misguided people of the city of Benares might have involved themselvesbyalongerperseveranceintheirseditiousconduct andresistancetotheauthorityofGovernment.Thesesentiments willbeexpressedinaletterfromthe Governor Generaltothe RajahaccompaniedwithaKhelautasamarkofthehighsense whichGovernmententertainsofhismeritoriousconduct. 6.TheexertionsofSyedAkberAlleeKhan,MoulveeUbdool KadirKhanandBabooJumnaDas,forthereestablishmentof thepublictranquility,havelikewisebeennotedwiththehighest approbationbytheGovernorGeneralinCouncil.Khelautswill accordingly be presented by the Governor General to those persons respectively in testimony of the sense which Governmententertainsoftheirservicesonthepresentoccasion. 7.TheGovernorGeneralinCouncildoesnotdiscernany substantialgroundsforgrantingageneralpardontothepeople of Benares for their late unwarrantable and seditious proceedings. On the contrary his Lordship in Council is of opinion,thatpublicjusticeandobviousexpediencyofpreventing by seasonal examples the recurrence of such evils in future, requirethatthepersons,whohavebeenchieflyinstrumentalin exciting the late disturbances, should be regularly brought to trialforthatoffense.TheGovernorGeneralinCouncilisatthe same time of opinion that the prosecutions need not be numerous. You will accordingly report the names of the individuals against whom you would propose in conformity to the sentiments here expressed, that prosecutions should be instituted,togetherwiththegroundsonwhichyoumayconsider thepersonssoselectedasthefittestobjectsforexample. 8.HisLordshipinCouncilisnotawareofanyobjectionto the modification proposed by you to be made of the orders of Government of the 5th ultimo, respecting the Phatuckbundee. The Board of Commissioners will be accordingly desired to instructtheCollectorofBenarestocarryyoursuggestionson

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thatpointintoeffect,ortoreport,shouldanyobjectionsoccurto theBoardtotheadoptionofthem. 9.TheGovernorGeneralinCouncilhasnotfailedtonotice the favourable testimony borne by you to the diligence and exertionsofyourAssistant,MrGlyn. 10. His Lordship in Council likewise observed with the highest satisfaction and approbation the prudence, judgement and firmness manifested by yourself in the discharge of the importantdutyimposeduponbythelateoccurrencesatthecity ofBenares. Iam&c G.Dowdeswell CouncilChambersSecretarytoGovernment, February4,1811JudicialDepartment

. . .
I.A.20.TheActingMagistrateofBenarestoGovernment 7.2.1811 G.DowdeswellEsq., SecretarytoGovernment,JudicialDepartment FortWilliam Sir, I have the honour to enclose a petition, which has been presented to me by the Rajah of Benares in the name of the inhabitantsofthecity,tobesubmittedtotheRightHonblethe GovernorGeneralinCouncil,forhisconsiderationandorders. 2. This petition is intended as an ultimate appeal to Government,againsttheprovisionsofRegulationXV,1810.The petitionspresentedinthefirstinstancetothecivilauthoritiesat this station, having, as stated by the petitioners themselves, been rejected, they present themselves at last before his LordshipinCouncil;andalthoughthepetitionersarefullyaware thattheircasehasalreadyreceivedthedecisionofhisLordship, yet it would be imprudent at the present moment to refuse forwarding the petition, and encounter, by such refusal, that general discontent and irritation, which would naturally be excitedbyit. 3. As the whole of the case now submitted has already beenfullybeforetheGovernment,itwouldbesuperfluousinme

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tomakeanyparticularobservationsuponthecontentsofthe

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petition.Ifeelittobemydutyhowever,tostategenerallyforthe information of the Government, what I believe to be the real sentiments of the people. I believe the objection which they entertainagainstthemeasureinquestion,ispointedexclusively atthenatureandprincipleofthetax,andnotintheleastatthe rateofassessmentbywhichitwillberealised.Theinhabitants ofthiscityappeartoconsideritaninnovation,which,according to the laws and usages of the country, they imagine no government has the right to introduce; and that unless they protest against it, the tax will speedily be increased, and the principleofitextendedsoastoaffecteverythingwhichtheycall theirown.Underthecircumstances,Ifear,theywillnoteasily reconcilethemselvestothemeasure.Todeclaretheassessment permanently limited to the rate established by the Regulation, would of course be satisfactory to them; yet the general repugnanceistothetaxitself,andwhiletheinhabitantsatlarge profess themselves disposed to submit to any tax, however oppressive,ifestablishedaccordingtotheusagesofthecountry, theyappeartothinkitahardshiptobecompelledtocontribute asum,howeverinconsiderable,inanymodetowhichtheyare unaccustomed. 4. I have refrained from making any observation to the petitioners on the contents of their petition, for since it is ostensiblyanappealtosuperiorauthority,itwouldbeimproper inmetoanticipatethesentimentsofGovernment,byattempting to explain away the errors into which the petitioners have, perhaps intentionally, fallen. Upon the same principle, I have abstained from communicating to the public, the exemption proposedtobeextendedtoparticularclassesbythe ordersof Government under date the 11th ultimo. As the people have returned unconditionally to obedience every act of indulgence whichtheGovernmentmaydeterminetoextendtothem,would perhapsbebetteradoptedtoproducetheeffectproposedbyit,if understoodtobegrantedtothepetitionersbytheGovernment itself,inconsequenceoftheirrepresentations. 5.Ihaveonlytoaddthattheinhabitantsofthiscityhave continuedsincethedateofmylastaddressverypeaceableand quiet,andthatIbelievetheyhaveeverydispositionatpresentto remainso. CityofBenares Ihave&c February7,1811W.WBird,ActingMagistrate

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I.A.21.GovernmenttotheActingMagistrate,Benares 16.2.1811 TheActingMagistrateoftheCityofBenares Sir, IamdirectedbytheRightHonbletheGovernorGeneral inCounciltoacknowledgethereceiptofaletterfromyoudated the 7th instant, enclosing a copy of a petition from the inhabitantsofthecityofBenares. 2.TheGovernorGeneralinCouncilobservesthatyouhave acted with perfect propriety in forwarding the petition to Government;atthesametimehisLordshipinCouncildoesnot discern in the circumstances stated by you any substantial ground for the step taken by you of suspending the communication ofthe intended modifications of the taxto the present period. At all events he desires that the alterations proposedtobeadoptedwithrespecttotherulesestablishedby RegulationXV,1810maybemadeknowntothecommunityon thereceiptofthisletter. 3. The details of the arrangements connected with the Phatuckbundeeandwiththeexemptionfromthetaxproposedto begrantedinfavourofthereligiousordersandoftheindigent classesofthepeoplewillnaturallyengagetheattentionofthe CollectorunderthedirectionsoftheBoardofCommissioners,to whom the necessary communication has been made of the resolutionpassedbyGovernmentonthosepoints. 4.Aftertheforegoingremarksandordersitcanscarcelybe necessarytoadd,thattheGovernorGeneralinCouncildoesnot thinkpropertocomplywiththeapplicationoftheinhabitantsof Benarestoanygreaterextentthanwillbedonebytheoperation oftheordersabovenoticed,whichhisLordshipinCouncilisof opinionshouldobviateallfurthercomplaintordiscontentwith respecttothetaxinquestion. Iam&c G.Dowdeswell, February16,1811SecretarytoGovernment, CouncilChamber JudicialDepartment

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I.A.22.MagistrateofBenarestoGovernment 23.2.1811 G.DowdeswellEsq., SecretarytoGovernment,JudicialDepartment FortWilliam Sir, I was favoured yesterday morning with the orders of Governmentofthe16thinstantonthepetitionsubmittedbythe lateActingMagistrateonthe7thinstantfromtheinhabitantsof thecityofBenares. 2. The Rajah of Benares attended me this morning pursuant to notice, accompanied by several of the principal inhabitantsofthecity,forthepurposeofreceivingfrommea communication of the orders in question; and also of the alterations proposed to be adopted with respect to the rules establishedbyRegulationXV,1810andthemodificationofthe former orders of Government of the 5th ultimo regarding the Phautuckbundee. 3. The resolution of Government on the foregoing points were made known to them by me in the presence of the AssistantMagistrateinthewordsoftheenclosedproclamation, which was afterwards published in the city for general information.Englishtranslationoftheproclamationisherewith submitted. 4.ThemeasureadoptedbyMr.Birdofwithholdingnotice oftheintendedmodificationofthehousetaxataperiodwhen the people were in a stage of open and lawless sedition has afforded me an opportunity of making the communication knowntotheminamodelessliabletoobjection,andmorelikely to be attended with benefit, than any which could then have been devised. The resolution in favour of the religious orders, and lower classes of the people, which, at the time the inhabitantsatlargewerepetitioningtheGovernmentforatotal repeal of the tax, would have been treated certainly with indifference, and perhaps with contempt and scorn; will since theprayeroftheirpetitionhasbeenperemptorilyrejected,beat least received as an act of favour and indulgence as far as it goes, and tend to a certain extent to restrain them from expressingthoseundisguisedsentimentsofdiscontentwiththe

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Government,anddisregardforallpublicauthority,whichthey havehithertosoopenlyavowed. 5. I can as yet form no decisive opinion on the general effectwhichthecommunicationoftodaymayproduceinthe

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mindsofthepeople;buttheexemptioninfavourofthereligious orders was received by the persons who waited on me this morningwithmuchapparentsatisfaction. MagistratesOffice CityofBenares February23,1811 Ihave&c EdwardWatson Magistrate

. . .
I.A.22(a).Proclamation ThepetitionoftheinhabitantsofthecityofBenaresregarding the tax on houses presented by Rajah Oodit Naraine Singh Behadreto Mr.W. W. Bird, thelate ActingMagistrate,having been submitted by him to the Right Honble the Governor GeneralinCouncilinaletterdatedthe7thFebruary1811,the ordersofGovernmenthavebeensincenotifiedthereonthatthe Governor General in Council does not think proper to comply withtheapplicationoftheinhabitants ofBenarestoagreater extent than will be done by the operation of the following indulgences: First, Clause 1st section 6 Regulation XV, 1810 declares thatallreligiousedificesshallbeexemptfromthepaymentof the tax on houses. The import of those terms will be defined more particularly in a future regulation. In the meantime the Governor General in Council desires that the Collector in carryingtheprovisionsoftheRegulationintoeffectdoallowthe greatest latitude to that exemption which the terms of the foregoingclausewillreasonablyandproperlyadmit,andthatthe MagistratedoreportinconcertwiththeCollector,thedifferent descriptionsofreligiousbuildingswhichmaybeexemptedunder theruleabovementionedandthepresentordersofGovernment from the payment of the tax in order that the necessary explanationonthesubjectasalreadynoticedmaybeinsertedin afutureregulation. Second, it is not the intention of Government that the housesofthelowerordersofthepeoplewhowouldbesubjectto distressfromthepaymentofthetax,whileitsproducewouldbe soinconsiderableasnottobeanobjectofGovernment,should beliabletothetaxestablishedbyRegulationXV,1810. Third, on January 5, 1811 it was resolved that the inhabitantsofBenaresshouldberelievedfromthecontribution

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onaccount

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ofthePhatuckbundeeandthatthepayofthechokeydarsand repair of the gateways should be defrayed from the public treasury which resolution wasaccordinglymade knowninthe proclamation of the 13th of that month. It was afterwards suggested to Government that if the expense of the Phatuckbundee instead of being defrayed from the public treasury,wasprovidedforbyaremissionintheassessmentof the taxonhouses equal to theamount ofthe Phatuckbundee contributionleavingtheproprietorofeachhousetopayofhis own accord his quota of the contribution through the Mohullahdar as heretofore, it would be an indulgence to the people.AnorderwasreceivedinreplythatGovernmentwerenot awareofanyobjectiontothemodificationproposedtobemade in the orders of the 5th of January respecting the Phatuckbundee,andthattheBoardofCommissionerswouldbe desiredtoinstructtheCollectortocarrytheforegoingsuggestion intoeffectortoreportshouldanyobjectionoccurtotheBoardto theadoptionofthem. IthasbeensincenotifiedintheordersofGovernmentof February 16, that the resolution passed by Government in regardtothePhatuckbundeeandtheexemptionfromthetaxin favour of the religious orders and the indigent classes of the people,havebeencommunicatedtotheBoardofCommissioners andthatthedetailsofthosearrangementswillbeconductedby theCollectorunderthedirectionsoftheBoard. That no ground now remains for the complaint or discontent.(Truetranslation) EdwardWatson, Magistrate

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I.A.23.LateActingMagistratetoGovernment 23.2.1811 G.DowdeswellEsq., SecretarytoGovernment,JudicialDepartment FortWilliam Sir, Ithasbeenverypainfultometoobserveintheordersof Governmentdatedthe16thinstant,thathisLordshipinCouncil

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doesnotdiscerninthecircumstancesstatedbymeany

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substantialgroundsforthesteptakenbymeofsuspendingthe communication of the intended modification of the tax to the presentperiod. 2.IaminducedtohopethatIhavebeensounfortunateas to draw upon myself this remark solely by the imperfect expressionofthesentimentscontainedinthe4thparagraphof my letter addressed to youonthe 7th instant. Itherefore beg leavetosubmitthefollowingexplanation. 3.Itwasmyintentiontoexpressinmyletteraddressedto youonthe7thinstant,thattheintendedmodificationofthetax could not I imagined be communicated, until the answer of Governmentshouldbereceivedonthepetitionthentransmitted, without leading the people to believe that the modification in question was the result of their illegal and tumultuary proceedings,ratherthanaspontaneousactoffavouronthepart of the Government in consequence of their submission. It becomesthenaquestionofpolicywhetheritwouldnotbemost advisable to suspend the communication of the resolution of Governmentintheirfavour,untilafinalordercouldbereceived ontheirultimateappeal,theonlyrepresentationwhichhadbeen madeinapeaceableandrespectablemanner.Iavailedmyself therefore of the discretion vested in me by the orders of Government under date the 11th ultimo, to defer the communicationinquestion,asthebestandindeedonlymodeof upholding those sentiments of respect, which it appeared so essential that the community should entertain for the public authority. 4.Feelingmostanxioustoremoveeverydoubtrespecting theprinciplesbywhichmyconducthasbeengovernedonthis occasion, I have considered it incumbent on me to make the foregoingexplanations.Ideeplylamentthatanysteptakenby meshoulddeservetobeexceptedfromthatgeneralapprobation, withwhichmymeasuresonthisemergencyhavebeenhonoured bytheGovernorGeneralinCouncil. CityofBenares February23,1811 Ihave&c W.W.Bird, LateActingMagistrate

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I.A.24.GovernmenttoMagistrate,Benares 6.3.1811 TheMagistrateoftheCityofBenares Sir, IamdirectedbytheRightHonbletheGovernorGeneralin Council to acknowledge the receipt of your letter of the 23rd ultimoandlikewisealetterfromtheAssistantMagistrateofthe samedate. 2.Thecommunicationscontainedinyourownletterdonot appeartorequireanyremarksororders. 3. The Governor General in Council is perfectly satisfied thatMr.Birdwasactuatedbythebestintentionsinsuspending the communication of the modifications adopted in the house tax. It was never indeed intended in the slightest degree to impeach the purity of his intentions with respect to that question; any further expression of the sentiments of Governmentonthesubjectisatpresentclearlyunnecessary. Iam&c G.Dowdeswell, CouncilChamberSecretarytoGovernment, the6thMarch,1811 JudicialDepartment

. . .
I.A.25. Report of Collector of Benares on the operation of the HouseTax 28.12.1811 (Extract) ...AtanearlyperiodIdirectedmynativeofficerstotendertoall the householders or tenants whose houses had already been assessed,anotepurportingthecomputedrateofrentofeach houseandtherateoftaxfixedtherebyandIissuedatthesame timeaproclamationdirectingallpersonswhohadobjectionsof anynaturetooffertotheratesofrentortaxmentionedinsuch notetoattendandmakeknownthesamethateverynecessary enquiry mightbe made and allconsistent redress afforded. In theabovementionedproclamation,Ifixedadayintheweekfor

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speciallybearingsuchcasesandrepairedtothecityforthat

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purpose.Neitherwouldanyhouseholderortenantreceivesuch notenordidanyoneattendtopresentpetitionorofferobjection. Themostinsullensilencepermittedtheassessorstoproceedas theypleasedrigidlyobservingtheruletogivenoinformationor to answer any questions respecting the tax; in determination thattheywouldnotinanywisebeconsentingtothemeasure, thattheassessorsmightassessandtheexecutiveofficersofthe taxmightrealisebydistraintofpersonalorrealproperty;they could not resist but they would not concur. Some few, more contumaciousorviolentthantherestimpededandattemptedto resisttheofficersofthetaxbutowingtotheadmirableconduct andcautionofMohummudTukkeeKhantowhomIcommitted the charge, fraysand riots were avoidedthough no assistance wasaffordedbythepoliceofficersandtheassessmentgradually wenton. A few exceptions were found in some of the principal inhabitants of the city either in the immediate employ of Governmentorinsomedegreeconnectedwiththeconcernsof Governmentorotherwiseindividuallyinterestedinmanifesting their obedience and loyalty. These persons waited on me and deliveredinastatementoftheirhousesandpromisesandthe actual or computed rent of the same and acknowledged the assessmentoftax. The statement of assessment includes all descriptions of housesexceptingsuchasbyRegulationabovementionedorthe explicit orders of Government are liable to be exempted. But therearemanyedifices,tenements&cuponwhichitisdoubtful whetherthetaxshouldoperate. ...InthepresentstateofthingsIamnotawarethatitis necessarytoentermoreintodetailastothemodeofcollecting the tax. It is doubtful whether Government will enforce itand fromwhatIhaveseenofdifficultiesattendingthemeasure,the little benefit likely to arise to Government from it, and the insuperablereluctanceofmorethanhalfamillionofpersons,I submitwithallduedeferencethatwhilsttheabrogationwould begratefullyacknowledgedbythepeople,itwouldbeameasure ofpolicyaswellasoffavouronthepartofthesovereignGovern menttohavebeenpleasedtodirectthattheprogressofassess mentshouldbestayedatthosestations atwhichcommotions maynotexistattheperiodofthereceiptoftheirorders.Atthis timecommotionscertainlydonotexistbutneitherIorIfancy, theMagistratecanpresumetosaythattheywillnotariseifthe operation of the tax shall be again seton foot. I have already

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noticedthesullensilencewithwhichthehouseholdersviewed

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the census taken and their determination neither to acknowledge or deny the assessment and I should most strenuously urge as an indispensable measure of precaution, thatnocollectionbeattemptedwithoutthepresenceofamuch largermilitaryforcethanisnowatthestation.

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B.EventsatPatna
I.B.1.ActingMagistrateofPatnatoGovernment 2.1.1811 Sir, Ihavethehonourtoforwardtwelvepetitionswhichhave been presented to me by the inhabitants of the city of Patna prayingforarelieffromthehousetaxorderedtobeleviedunder RegulationXV,1810andrequestthatyouwilllaythembefore the honble the Governor General in Council for his considerationandorders. Patna Ihave&c 2January1811R.R.Gardiner,ActingMagistrate

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I.B.2.GovernmenttoActingMagistrate,Patna 8.1.1811 Sir, I am directed by the Governor General in Council to acknowledge the receipt of your letter of the 2nd instant, enclosing petitions from the inhabitants of the city of Patna respectingthehousetaxestablishedbyRegulationXV,1810. 2. The Governor General in Council having recently had occasion to consider very maturely similar petitions from the inhabitantsofBenares,Iamdirectedtoacquaintyouthatithas not been deemed advisable to rescind the above mentioned Regulation,andthatordershavebeenissuedforcarryingthe

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provisionsofitintoeffectatthatcity.AccordinglyhisLordship in Council has judged it expedient that you and the Acting Collector should be put in possession of the above mentioned informationwithoutdelay.Thetimeandmodeofcommunicating this resolution to the petitioners or the native part of the communityarelefthoweverforyourdiscretion,fortheguidance of which I am directed to observe that it is deemed highly desirabletoavoidasfaraspossible,givingoccasiontogeneral irritation, or to keep back by temperate and prudent management any disposition that may exist to form combinationsortoadoptmeasuresofopenoppositiontothetax atPatna,whilethediscussionisdependingatBenares,andin conformity with those views it will of course be proper to discountenancebyallgentleandconciliatorymeans,meetingsof thedifferentclassesofthepeopleforthepurposeofpreparingor presentingpetitionsagainsttheRegulation. 3. The Governor General in Council trusts that the foregoing orders, combined with your own discretion, will preventthenecessityofadoptinganyfurthermeasuresforthe enforcement of the Regulation to which this letter refers, or supportingtheauthorityofGovernmentanditsofficers.Should anytumultuarymeetingshowevertakeplace,orillegalcabalsbe formed for the purpose of resisting the operation of the rules respectingthehousetax(ashasunhappilybeentoomuchthe case at Benares) the GovernorGeneralinCouncil desires that youwillreportthecircumstanceswithoutdelaytoGovernment; employingatthesametimethemeans,whichyoupossessunder the general powers vested in you for the maintenance of the publictranquility;butwiththeleastpossibledegreeofrigouror severity, which the nature and circumstances of the case will permit. Iam&c G.Dowdeswell, SecretarytoGovernment, JudicialDepartment

CouncilChamber the8thJanuary1811

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C.EVENTSATSARAN I.C.1.ActingMagistrateofSaruntoGovernment 9.1.1811 Sir, IrequestyoutoacquainttheRightHonbletheGovernor General inCouncil that the first intelligenceof the house tax, which is in the highest degree unpopular, occasioned a great ferment in the minds of the inhabitants of this place, who presented to me a petition, which I enclose together with a translationofit. 2. When the Collector deputed assessors to arrange the assessment a still greater degree of alarm was created; and notwithstandingallIcoulddo,alltheshopsofeverydescription wereactuallyshutup,andtherewaseveryindicationofsome veryseriousdisturbancetakingplace. 3. As there is no military force at this place, and I was apprehensiveofactsderogatorytotheauthorityofGovernment being committed, I was induced to request the Collector to suspendthearrangementortheassessmenttillIcouldreceive instructionsfromGovernment. 4. I trust that what I have done will meet with the approbationof Government,as I haveactedtothe bestof my judgement. ZillahofSarun the9thJanuary1811 Ihave&c H.Douglas,ActingMagistrate

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I.C.2.GovernmenttoActingMagistrate,Saran 18.1.1811 Sir, IamdirectedbytheRightHonbletheGovernorGeneral inCounciltoacknowledge thereceipt ofyourletterof the 9th instant enclosing a petition from the inhabitants of Sarun respectingthehousetax.

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2. The Governor General in Council having lately had underhisconsiderationtheprovisionsofRegulationXV,1810, desiresthatnoencouragementmaybegiventotheinhabitants of Sarun to expect any general relinquishment of the tax established by that Regulation. It having been determined however to adoptcertain modifications of the existing rules in favour of the poorer classes of natives and of mendicants and devotees,Iamdirectedtotransmittoyoutheenclosedcopyofa letter which has been written on the subject to the Board of RevenuewhichyouaredesiredtocommunicatetotheCollector forhisimmediateguidanceinfixingtheassessment. 3.TheGovernorGeneralinCouncilisunwillingtobelieve that the inhabitants of Sarun will attempt to offer any open resistancetotheestablishmentofthetax,especiallywiththere striction,towhichtheoperationofthetaxwillbesubjectunder theordersabovementioned.Itislikewisenaturallythewishof his LordshipinCouncil thatallgentle andconciliatory means shouldbeemployedtoreclaimthepeoplefromanyfactiousand illegal attempts to resist the authority of Government. Should circumstanceshoweverrenderitactuallynecessary,youwillof courseapplytotheofficercommandingthetroopsatDinapore for such a military force as may be requisite to support the public officers in giving effect to the Regulation and orders of Government. Iam&c G.Dowdeswell CouncilChamberSecretarytoGovernment, the18thJanuary1811 JudicialDepartment

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D.EVENTSATMOORSHEDABAD I.D.1.ActingMagistrateofMoorshedabadtoGovernment 25.2.1811 G.DowdeswellEsq., SecretarytoGovernment, JudicialDepartment, FortWilliam Sir, It is my duty to report for the information of the Right HonbletheGovernorGeneralinCouncil,thatthearrangements madeforthecollectionofthehousetaxrecentlyenacted,have producedseriousdiscontentinthecity,andastheyapproach theircompletion,disturbancesmaybeapprehended. Rumoursofacombinationamongtheprincipalmerchants toavoid,ratherthanopposethetax,bywithdrawingfromtheir houses,reachedmesomedaysago.Theplanwascarriedinto executionbysomeoftheleadingmen,andbymoreofinferior note,butIamhappytoadd,thatIhaveprevailedonthemto returntotheirhouses. Enclosed I have the honour to transmit two petitions presented to me on the subject: the Persian one, which is accompaniedbyatranslation,waspresentedtomeonthe21st instant, and purports to be generally on the part of the inhabitants of the city. The Bengalee one signed by the inhabitantsofJeengunj(notlegibleinoriginal)anditsenvirons, waspresentedtomeyesterday,andbeingofthesametenorwith theformerdoesnotrequiretranslation. Inconsequenceofasuddenriseinthepriceofgrain,for which no cause could be assigned, in the hope of obtaining information on the subject, I directed some of the principal mahajuns toattend me.Theystatedthatthetowndutiesand thealarmcausedbythehousetax,preventedtheimportationof grain into the city, and delivered into my hands the Persian petition, with a request that I would transmit it for the considerationofhislordshipincouncil. AsIconsideredthepetitiontobewordedinveryimproper language,Ihesitatedtocomply,statedtothemthatthetown

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dutieswhichhadexistedforeightmonthspast,andthehouse taxwhichhadnotyetbeenlevied,couldnotbegivenasreasons forthehighpriceofgrain,whichwassomuchcomplainedof, notifiedtothemthepowerswithwhichIwasvestedtoprevent extortion on the part of the officers both of the Collectors of CustomsandofRevenue,andassuredthemofmyreadinessto exercisethosepowers,wheneveroccasionmightcallforthem. They left me on that day with a request, that I would summon allthe principalmahajuns, whentheywould concert withme,whatmeasurescouldbeadopted. Aconsiderablenumberaccordinglyattendedmeyesterday, and addedthe Bengaleepetitiontothe Persianone previously presented. Finding that they more urgently required its transmission, and that the disposition to leave the city was gainingground,Ihavedeemeditmy duty,objectionableasthe languageis,toforwarditfortheorderoftheRightHonblethe GovernorGeneralinCouncil. In return for this concession, thesemahajunswhohadtakenuptheirresidenceinthefields, promised toreturn totheir homes,and theyall agreed to use everyexertionintheirpowertolowerthepriceofgrain. Thediscontentcausedbythehousetaxis,Iamconvinced toadd,verydeepandverygeneral,foritextendsoverallranks anddescriptionsofpeople.Intheeventthereforeofitsbreaking outintoaferment,Ihavetosolicithislordshipsinstructionsfor myguidance. Ihave&c CityofMoorshedabad R.Turner, the25thFebruary1811ActingMagistrate

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I.D.1(a)PetitionoftheinhabitantsofthecityofMurshedabad 21.2.1811 Extract By the blessing of God the English Gentlemen know, that no kingoftheearthhasoppressedhissubjects,andtheAlmighty preserveshiscreaturesfromharm...forsomeyearsithasbeen ourunhappyfatetosufferbothfromafflictionandoppression. First, from the prevalence of sickness for several successive years,thecityhasbeendepopulated,somuchso,thatnotone halfoftheinhabitantsremain...TheoppressionoftheTown

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DutiesandCustomsissogreat,thatpropertyofthevalueof100 Rs.cannotbepurchasedfor200,therateofdutyisincreased twofoldandevenfourfold,andifanyonewishestoremoveprop ertyfromthecitytoitsenvirons,hecannotdoitwithoutthe payment of a fresh duty...Fourth, order has been passed for levying a tax on houses and shops, which is a new oppression...theorderoftheGovernmenthasintruthstruckus likeadestructiveblast...

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I.D.2.GovernmenttoActingMagistrate,Moorshedabad 2.3.1811 TheActingMagistrateofMoorshedabad Sir, IamdirectedbytheRightHonbletheGovernorGeneral inCounciltoacknowledgethereceiptofaletterfromyoudated the 25th ultimo together with the papers mentioned to accompanyit. 2. On the 11th January last, the GovernorGeneralin Council was pleased to authorise the adoption of certain alterationsintherulesestablishedforthecollectionofthetax onhouses,calculatedtoaffordrelieftothereligiousordersand to the most indigent classes of the people. Those orders his lordshipincouncil concludes have been communicated to the CollectorofMoorshedabad,incommonwiththeothercollectors by the Board of Revenue; for your immediate instruction however,Iamdirectedtotransmittoyoutheenclosedcopyof mylettertotheBoardonthesubject. 3. Exclusive of the modifications above noticed, the GovernorGeneralinCouncilonthefullestconsiderationofthe subject,doesnotdeemitadvisabletorescindorotherwisealter theprovisionscontainedinRegulationXV,1810.Itconsequently only remains to communicate to you the sentiments of Governmenttothecoursewhichshouldbeobservedincarrying thoseprovisionsintoeffect. 4.TheGovernorGeneralinCouncilisunwillingtobelieve thattheinhabitantsofthecityofMoorshedabadwillpersevere in their attempts to oppose the establishment of the tax, especiallywiththerestrictionstowhichitsoperationswillbe

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subjectundertheordersabovenoticed.Itislikewisenaturally thewishofGovernmentthatallgentleandconciliatorymeans shouldbeemployed,bothbyyourselfandtheSuperintendentof theNizamutaffairstoreclaimthepeoplefromallfactiousand illegaldesignsofthatnature,sofarasthesemeanscanbeused without compromising thepublicauthority or endangering the peace of the city. Should the inhabitants however proceed, contrary to these reasonable expectations to offer any open resistancetotheofficersemployedbytheCollectorinadjusting thetax,ortothosewhomaybecommissionedbyyoutosupport themintheperformanceofthatduty,noalternativeremainsbut thatyoushouldapplytotheofficercommandingthetroopsat Berhampore for such aid as may be required to enforce the RegulationsandordersofGovernment. Iam&c G.Dowdeswell, CouncilChamberSecretarytoGovernment, the2ndMarch1811 JudicialDepartment

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E.EVENTSATBHAGALPUR I.E.1. Board of Revenue to His Excellency, Lt. General George Hewett,VicePresidentinCouncil,FortWilliam 9.10.1811 HonbleSir, We lose no time in transmitting for the orders of your ExcellencyinCouncilacopyofaletterwhichwehavereceived fromtheCollectorofBhaugulpore,reportingthattheMagistrate of that district has issued a precept to him directing the collectionofthehousetaxtobepostponeduntilthistaxshould have been collected in the city of Moorshedabad, or in some othercityortown. 2. The orders of the Magistrate appear to us, not only inconsistentwiththeRegulations, buttobeinthelastdegree injudiciousandimprudent.Theexistingrulesdonotinvestthe Magistratewithanycontrolinregardtothecollectionofthetax; andthecircumstancesofthecasedonotappeartous,tohave

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required his special interference. The terms of his order were also, according to our apprehension calculated to promote a combination, between the inhabitants of Bhaugulpore and the inhabitantsoftheothertownsandcities. Wehave&c RevenueBoardG.Dowdeswell the9thOctober1811 C.Buller

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I.E.2. SirF.Hamilton,CollectorofBhaugulporetoRichardRocke Esq, President and Members of the Board of Revenue, Fort William 2.10.1811 Gentlemen, In obedience to the orders contained in your secretarys letter of the 14th August last which I received on the 18th ultimo,Iissuedthenecessarypublicnotification(copyofwhich accompanies) that the collection of the house tax would immediately take place commencing from the first day of the currentBengalyear.Acopyofthenotificationwastransmitted totheMagistrateofthedistrict.Inconsequencehoweverofthe holidaysandincompliancewiththewishesoftheinhabitantsI consented topostponethe collectiontillaftertheexpiration of theDusserah. 2. The day before yesterday, being Monday the 30th September, the collection was to have commenced but on the appearanceoftheTehseeldar,theyoneandallshutupshops andhouses.YesterdaytheofficersofGovernmentwereunableto makeanyprogressintheirbusiness,andintheeveningwhileI was driving out in my carriage, several thousands of the inhabitants were standing on either side of the road. They neither committed nor offered any violence, but poured forth complaintsofthehardnessoftheirsituation, andclamorously declaredtheirinabilitytopaythetax. 3.ThisforenoonIreceivedapreceptfromtheMagistrate (copyaccompanying) requestingIwould send the statementof assessment, together with Tehseeldar. With this request I complied. When after a great deal of desultory conversation, respecting the principle upon which he acted, he told the different people to go and open their shops, and sent me a

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proceedingandEnglishletterwhichaccompanies.

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4. This proceeding forms the subject of my present address,andcompelsmetosolicityourBoardsordersformy guidance.TheRegulationXVof1810,directstheassessmentto bemade,andyourBoardsofthe14thAugustlast,authorises thecollectiontobecommenced.Inoppositiontoboth,however, theMagistratedesiresmetodesist,oratleasttopostponethe enforcementofthecollection,tillIhaveascertainedwhetherit has taken place in other districts. Now as I know of no Regulation which authorises me to defer the carrying into executiontheregulationofGovernmenttillIhavecorresponded withtheexecutiveofficersoftheotherdistrictsonthesubject, andcannotconceivethatMagistrateshaveanytheleastpower to suspend, for a moment, their operation, I am at a considerablelosshowtoact,inthepresentinstance.Iknowof no overt act of resistance. My Tehseeldar (whose urzee accompanies) reports indeed, that some had refused payment, on which I directed the process laid down in section 12, Regulation XV of 1810, to issue, but no opposition has been reported. Nor has there been time any to be made; if then a tumultuary assembly is permitted to successfully oppose, or temporarily to suspend the carrying into effect the orders of Government,Iapprehendtheworstconsequence.Inmyopinion theMagistrateshouldhaveallowedtheRegulationtohavebeen carried into effect, and have waited till he heard from me, whether the enforcement for the penalty prescribed for disobedience of the orders, had been attended with evil consequences. Instead of this, to set himself against its operation in its very first stage, because a lawless rabble assembles, is striking at the root of that power, which the Government ought to possess over the subject; and if the principlelaiddownintheMagistratesletterweretobeadmitted byeveryotherMagistrate,allowmetoaskwhen,andatwhat zillahthecollectionwouldcommence. ZillahBhaugulpore Ihave&c CollectorsOfficeF.Hamilton, the2ndOctober1811 Collector

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I.E.2(a)MagistratetoCollector,BhaugulporetoGovernment 2.10.1811 SirF.Hamilton,Bart, CollectorofBhaugulpore Sir, Ibegleavetosendyouaproceedingofthisdaterespecting thecollectionofthehousetax,whichIthinkitnecessaryshould besuspendedforafewdays. In consequence of all the inhabitants of the town having shutuptheirshopsandassembledinatumultuousmanner,I calledtheprincipalmerchantsbeforeme,whorepresentedtome that,thetaxhasnotyetbeencollectedinMoorshedabadorany of the neighbouring zillahs, but that as soon as it can be ascertainedthatthecollectionhascommencedinMoorshedabad ortheadjacentzillahs,theyarewillingtopayit. Ihavethereforedeemeditrequisiteinordertopreservethe peaceof thetown tosendyou theaccompanying ordertaking theresponsibilityonmyself. ZillahBhaugulpore,FaujdarryAdawlut the2ndOctober1811 Iam&c J.Sanford

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I.E.3.MagistrateofBhaugulporetoGovernment 3.10.1811 G.DowdeswellEsq., SecretarytoGovernment, JudicialDepartment, FortWilliam, Sir I beg leave to lay before you a copy of a letter and proceedingswhichIyesterdaydeemeditadvisabletoaddressto theCollectorofthedistrict,onthesubjectofthehousetax,and although Imayhavesomewhatexceededthepowersvestedin meyet,Ihopewhenthemotiveswhichhaveinducedmetodo so,aretakenintoconsideration,myconductwillnotmeetwith thecensureofGovernment.

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2.Thedaybeforeyesterday,ongoingthroughthetownof Bhaugulpore,Iobservedthewholeoftheshopsshutup,andall the inhabitants amounting tosome thousands assembled in a tumultuous manner in the streets calling out for redress and uponenquiryIfoundthecauseofittobetheCollectorsofficers demandingthehousetax. 3. I consequently yesterday morning summoned the principal people before me and explained to them the improprietyoftheirconductandhowuselessitwasforthemto resist the orders of Government. They however declared in a bodythattheywouldgiveuptheirhouses,andleavethetown, butneverwouldconsentvoluntarilytopaythetax,thenatureof which had not even been explained to them. They also stated thattheyconceiveditagrievancetobecalleduponforitinthis zillah(whichisthesmallestintheDivision)untilthecollections should commence at Moorshedabad and the adjacent zillahs, but that they were ready to pay it whenever the collections shouldcommenceatMoorshedabad. 4.Undertheabovecircumstances,andinconsequenceof theprisonersinthejailhavingbeenneartwodayswithouttheir regularfood,Ideemedit,preferable,toadoptforthepresentthe stepsIhavetaken,tousingforce,whichIhaveeveryreasonto believe would have been attended with serious consequences, andIagainexpressahopethatmymeasureswillnotbeconsid eredveryreprehensible. ZillahBhaugulpore FouzdarryAdawlut the3rdOctober1811 Ihave&c J.Sanford,Magistrate

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I.E.4.GovernmenttoBoardofRevenue 11.10.1811 Note: Read the Proceedings of the Judicial Department of the presentdaterespectingthehousetaxatBhaugulpore.TheSecre tarywasdirectedonthe11thinstanttowritethefollowingletter. TheBoardofRevenue Gentlemen, I am directed by His Excellency, the VicePresidentin Counciltoacknowledgethereceiptofaletterfromyoudatedthe 9th instant and to transmit to you for your information the enclosedcopyoftheordersofthisdayissuedtotheMagistrate ofBhaugulporeonthesubjectofthehousetax. Ihave&c G.Dowdeswell, FortWilliam Secretaryto Government, the11thOctober1811 RevenueDepartment

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I.E.5.GovernmenttoMagistrateBhaugulpore 11.10.1811 Note:TheSecretarywasdirectedonthe11thinstanttowritethe followinglettertotheMagistrateofBhaugulpore. TheMagistrateofBhaugulpore Sir, I am directed toacknowledge the receipt of a letter from you datedthe 3rdinstant withitsenclosuresand toacquaint you, that His Excellency the VicePresidentinCouncil entirely disapprovesthepreceptissuedbyyoutotheCollectorregarding thecollectionofthehousetax.TheVicePresidentinCouncilis the more surprised at the order in question, as he cannot supposethatthetenoroftheinstructionsalreadyissuedtothe MagistrateofBenares,andPatnaandotherplaces,declaringthe intention of Government not to yield to clamour and illegal resistance topublicauthority was altogetherunknown toyou. Exclusivelyoftheobjectionabletenoroftheorder,thetermsofit

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appeartoGovernmentextremelyinjudicious,beingnaturally

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calculated to excite a combination among the inhabitants of Bhaugulpore,andtheinhabitantsofMoorshedabad,Patnaand otherplaces. 2. With these sentiments the VicePresidentinCouncil desiresthat on the receiptof thisletteryou willwithdrawthe orderissuedbyyoutotheCollectorinthemostpublicmanner possible. 3. I am further directed to acquaint you, that the Vice PresidentinCouncil desires that you will afford every aid and supporttotheCollectorinthedischargeofthedutyvestedin himbytheRegulationsinregardtothecollectionofthehouse tax. Iam&c CouncilChamber G.Dowdeswell, the11thOctober1811SecretarytoGovernment OrderedthatacopyoftheforegoingletterbesenttotheBoardof Revenue for their information in reply to their reference of 9th instantrecordedontheRevenueProceedingsofthepresentdate.

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I.E.6.CollectorBhaugulporetoGovernment 21.10.1811 Express Monday Night halfpast10P.M. G.DowdeswellEsq., SecretarytoGovernment, FortWilliam Sir, Iamsorrytoacquaintyouthatincarryingintoexecution thecollectionofthehousetaxIwasthiseveningmostgrossly assaultedinmycarriage.Bricks,stonesandeverydescriptionof offensivemissilewashurledatmyhead. 2.Iammostseverelycutinmyface,andinmyhead;and hadInoteffectedmyescapeintoMrGlassshouse,nothingon earthcouldhavesavedmylife. ItrustIhavedonemyduty,andIamwillingtoproceed, but it must be under a different system or my life will be

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sacrificed,ifnotothers.

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Ibegtoacquaintyouthatat2oclockthisdayIinformed the Magistrate through the Vakeel of Government that several persons, whose names I specified in the Durkhast having refused to pay the tax, or to admit of their property being distrained, though some had admitted it, it was necessary to proceedtoextremitiesandconfinethem.Insteadoftakingnotice ofmyapplication,whichwasmadewiththeviewtopreventthe occurrenceofmischief,andwhichIaccompaniedwithanote,he sentmeaverbalanswer,after5oclock,thathewouldenquire intoitonthemorrow.Thiseveningthedisturbanceoccurred.Is it not rather extraordinary, that for the last three or four evenings,thousandshavecollectedonthesamespotwithliquor, sweetmeats&candnomeasurestakentodispersethem?Isit notstillmoreextraordinarythatoneachoftheseeveningspolice officerswereseenindifferentplacesneartothespot,andthat onthiseventfuleveningnotonewastobeseen! I am dreadfully wounded; but if able I will send a more particularstatementtomorrow,inthemeantimeImustbegto referyouforthemostparticularinformationtoLtNugentwho wasaccidentallywithmeinthecarriage. Iam&c 21October1811F.Hamilton,Collector Lt.NugentwillbeinCalcuttanearlyassoonasthisletter.

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I.E.7.CollectorofBhaugulporetoGovernment 22.10.1811 Express G.DowdeswellEsq SecretarytoGovernment, FortWilliam Sir, I wrote last night by express. I send this by a dingy to affordachanceofitsreachingyouearlier,asthedisturbances haverisentoaveryseriousheight. Themobhasnotyetbeendispersed. Iam&c 22ndOctober1811F.Hamilton,Collector

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I.E.8.CollectorofBhaugulporetoGovernment 23.10.1811 G.DowdeswellEsq., SecretarytoGovernment, FortWilliam Sir, Iwrotetoyouexpressthenightbeforelast,andaduplicate wastransmittedyesterdayinadingy,respectingtheopposition, thathadbeenmadetothecollectionoftheHousetaxandthe outrage committed on my own person. When I dispatched my letter by the boat, the Magistrate was opposed to the mob at Shahjungywithastrongmilitaryforce.LastnighttheMagistrate retired and the commanding officer with his troops withdrew. Nothing has however been effected. I therefore judged it expedienttoaddresstheMagistrateyesterday(No.1)towhichI receivednoanswer,owingofcoursetohishavinggonewiththe troops to the place where the mob had assembled. No communicationhavingbeenmadetome.Ithoughtitproperto addresshimthismorning(No.2),towhichIreceivedhisanswer (No.3)withPersianenclosures(4,5,6)andenclosemyanswer (No.7A&B).ThetenoroftheMagistrateslastletter(No.3)isat variance with his own proclamation just received, for he will profess no more power tomorrow to carry the Regulation into effect than he possesses now, and the favourable opportunity willhavepassedby.UnderthecircumstancesIfeelconsiderable embarrassmentastothemodeinwhichIamtocarrytheorders ofGovernmentintoexecution.Noexertionhoweveronmypart shallbewantingtoeffecttheobjectinanymannerconsistent withexistingcircumstances,but,Idespairofmeetingwiththat energeticsupportfromtheMagistratewhichtheimportanceof thecaserequires.Animmediateanddecisivecommunicationof theordersofGovernmentisverydesirable. ZillahBhaugulpore CollectorsOffice the23rdOctober1811 Express4P.M Ihave&c F.Hamilton, Collector

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I.E.8(a).CollectortoMagistrateofBhaugulpore 23.10.1811 J.SanfordEsq., MagistrateofBhaugulpore Sir, Incontinuationofmyletterofyesterdaysdate,Ihaveto request that you will inform me what measures you have adoptedtoencouragepaymentofthetaxdirectedtobecollected byRegulationXVof1810. ThedifferentpersonsmentionedinmyDurkhasthavingas thereinstatedrefusedpaymentofthetax,itbecomesnecessary to call in the assistance of the police to levy the arrear by distressunderclause2section12RegulationXVof1810,and asthepeoplearenotassembledintumultuousbodiestoday,it appearstometobethemostfavourableopportunitytoenforce that part of the Regulation. I request therefore that you will furnishsuchassistanceasmayberequisitefordistrainingthe property of the defaultersand conveyingitto my officein the courseoftheday. BhaugulporeCollectorsOffice Iam&c the23rdOctober1811 R.Hamilton, Collector P.S.IhavedirectedtheTehseeldarandNaibCollectorstoattend youinorderthattheymaybeaccompaniedbyyourpoliceoffic ers. Halfpast12Noon F.Hamilton

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I.E.8(b).CollectortoMagistrate,Bhaugulpore 23.10.1811 J.SanfordEsq., MagistrateofZillahBhaugulpore Sir, Permit me to request the favour of a written

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communication in reply to my application of this morning respectingthedistress

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ofthepersonaleffectsofthedefaulterswhosearrestwasmoved forbytheVakeelofGovernmentthedaybeforeyesterday. ZillahBhaugulpore CollectorsOffice The23rdOctober1811 halfpast2P.M. Iam&c F.Hamilton Collector

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I.E.8(c).MagistratetoCollector,Bhaugulpore 23.10.1811 SirF.Hamilton,Bart CollectorofBhaugulpore Sir, Youmustbewellawarethatmywholetimeandattention isatthemomentgivenuptothepreservationofthepeace,when that point is fully established I shall immediately adopt such measuresasmayappeartomepropertocarrytheRegulation intoeffect. InthemeantimeIsendyouacopyofmyNazirsreportwith myorderthereonandanadvertisementontheoccasion.Youare already in possession of the proclamation issued by me yesterday. I beg leave to observe that I do not conceive my police officers without military assistance at present able to carrying intoeffectsection10and11RegulationVIIof1799anduntila sufficientmilitaryforceshallbeassembledandenablemetoact freelyIthinkitadvisabletorefrainfrommeasuresofviolence.Of thisIshallgiveyouduenotice. Bhaugulpore 23rdOctober1811 Iam&c J.Sanford,Magistrate

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I.E.8(d).CollectortoMagistrate,Bhaugulpore 23.10.1811 J.SanfordEsq., MagistrateofZillahBhaugulpore Sir, Ihavethismomentreceivedyourletterofthisdate. 2.Should amilitaryforcebenecessaryIhadhopedthat you would have enforced the Regulation by that means particularly as the troops are on the spot. It was in my mind impossible that a more favourable opportunity could have occurredforeffectingthedistraintofthepersonaleffectsofthe defaultersthanwhentheyweredeprivedoftheaidofnumbers and no tumult was to be apprehended as the immediate consequenceofaneffectiveandvigorouseffortinsupportofthe authorityofGovernment.Ishouldforwardacopyofyourletter tothePresidencywithoutlossoftime. CollectorsOffice the23rdOctober1811 Iam&c F.Hamilton,Collector

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I.E.9.CollectorofBhaugulporetoGovernment 23.10.1811 G.DowdeswellEsq., SecretarytoGovernment, FortWilliam Sir, The moment I had dispatched my address to you by expressat4oclockthisafternoonIproceededinconcertwith theMagistrate,aidedbyamilitaryforceunderthecommandof Major Littlejohn, to the house of Lushkerree Saho, aprincipal defaulter, and instigator of the present disturbances, for the purposeoflevyingbydistressthearreardemandablefromhim on account of the house tax, the police alone being in the Magistratesopinion,inadequatetoenforcetheRegulation. 2.Undertheprovisionsofclause2section12Regulation

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XV,of1810andsection10RegulationVIIof1799theouterdoor

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of Lushkerree Sahos dwelling house was forced open, and distressleviedonhisproperty,uponwhichatenderwasmadeof thebalancewhichwasaccepted,andIwithdrew. 3. The Magistrate found arms in the house, which he thoughtpropertoconfiscatetoGovernment. ZillahBhaugulpore Collectorsoffice Ihave&c 8OClockP.M.F.Hamilton, the23rdOctober1811 Collector

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I.E.10.Collector,BhaugulporetoGovernment 24.10.1811 G.DowdeswellEsq., SecretarytoGovernment Sir, Myexpressoflastnightwillhaveacquaintedyouthatthe tax was carried into effect on Lushkerree Sahoo, the most opulentinhabitantofBhaugulpore,andoneoftheprincipalring leadersinthelateinsurrection.Ihavenowtoacquaintyouin continuationthatseveralprincipalpersonsintheotherdivisions of Bhaugulpore having stood out and evaded payment I again proceededwiththeMagistrateandtroops,tocarryintocomplete effect,andamhappytosaythaterewehadmarchedhalfway, intelligence was brought that the whole amount was paid without opposition or resistance of any sort, by all the ring leaders.Theremainderofthepersons,principallyofthelower class,arepayinginthemoneyfasterthanIcanwellreceiveit. Theycommencedindeedatdaybreaktoday.Ihavelikewisethe pleasuretoacquaintyou,thatalmostalltheshopsarereopened andthatnotthesmallestassemblyofpeoplehastakenplace. Lastnightstransactionhasindeedchangedthefaceofthings. Bhaugulpore Ihave&c 24thOctober1811,8P.MF.Hamilton,Collector

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I.E.11.Magistrate,BhaugulporetoGovernment 24.10.1811 G.DowdeswellEsq., SecretarytoGovernment, JudicialDepartment FortWilliam Sir, From the lateness of the hour at which I sent off my expressofthe22nd,theshorttimeIhadtoprepareit,andthe fatigue I had undergone during the day many omissions occurred which I have now the honour to supply and give in detailthecircumstancesastheytookplace. 2.IshallcommencebystatingtoGovernment,themodeI took to make public the orders contained in the 2nd and 3rd paragraphsof yourletterof the 11th. Ishallnextinformyou, whatIconceivetobetheimmediatecausesofthemeetingatthe Hill House, when the Collector was assaulted, the manner of theirdispersionbeforeDoctorGlassshouse,andtheprecaution takenforthenight.IshallthenstatethemeasuresIadoptedin themorningofthe22ndforthepreservationofthepeace,and methodsafterwardsresortedto,todispersethemobwhenthese measures failed with my subsequent precautions to prevent a recurrenceoftheriots. 3.Onthereceiptofyourletterabovenoticed,Iinstantly issuedaproclamationthroughoutthetownbybeatofdrum,and forwardedaproceedingtotheCollectorwithdrawingmyformer order:copiesofdocumentsareenclosed. 4.About4oclockontheafternoonofthe21stIreceiveda durkhastfromtheCollectorthroughtheVakeelofGovernment for the imprisonment of 16 defaulters named in the margin, whichinmyopinioninsomemeasureoccasionedtheincreased meetingofthepeopleofthetownthateveningattheHillHouse andwasprobablyinagreatdegreethecauseofthesubsequent attackonthepersonoftheCollector. 5.ThenegligenceoftheCutwalonthisoccasionwassuch astogivemeverygreatdissatisfactionashewasnot,agreeable tomystrictestorders,onthespot,norhadheasusualstationed thepoliceofficersthere;neithercouldIprocurehisattendance

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untilIhadbeensometimeatDr.Glassshouse,wherethemob hadassembledinthemannerstatedinmyformerletter.They

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atlastdispersedafterrepeatedadmonitionsandthetownthen appearedsoquietthatIdischargedthetroopsontheirarrival exceptingacompanyatthejail.Iafterwardsdirectedmyassis tantMr.EwingtoproceedtotheCutwally,andtoremainthere duringthenight,asaprecautionarymeasure. 6. I received a report about midnight from Mr Ewing informingmetheCutwalwasnottobefound.Onthemorningof the 22nd I took every measure in my power to restrain the peoplefromviolence,andassemblingtumultuously. 7.Ipublishedaproclamationacopyofwhichisenclosed, and issued dustucks for the apprehension of the people mentionedintheCollectorsdurkhastwhoIconceivedtobethe principalrioters.IsuspendedtheCutwal,whoafterhavingbeen absentallnightfromhischubootraarrivedthereat4oclockin astateofintoxication. Ialsoorderedallarmsandclubstobe seizedifinoppositiontoordersandsentforasmallforcetobe stationedattheHillHouseonthemorning. 8. The people however collected but seeing the party immediately retreated to a place called Shahjunghy, where I dispatched my assistant with my police officers to use their utmostendeavourstodispersethem.ThishavingfailedIwentto the Hill House, and sent for more troops to meet me at Shahjunghy, whither I proceeded after waiting a short time to allow them to arrive. We there found about eight thousand personsassembled,buttotallyunarmed.Theprincipalofthem kept in the centre of the crowd so that it was impossible to apprehend them, and as I was informed on the spot were performing funeral ceremonies. They however dispersed after havingbeenrepeatedlytoldiftheyremainedtheywouldbefired at.Theythenrequestedpermissiontopresentapetitionthenext morning which I agreed to receive giving them fully to understand that the collection of the house tax would not be suspended,northepetitionreceivedunlesspresentedtomein courtinaregularandrespectfulmanner.Afterthedispersions thereremainedanumerousrabbleconsistingpartlyofweavers andotherartificers,therestoldwomenandchildren.Ispoketo someofthemwhoexpressedanapprehensionthatiftheybegan todispersethosewhoremainedlastwouldbefiredupon.Buton being assured that this would not be done they agreed to disperse,lefttheplaceatthesametimewedid,andreturned respectivelytotheirhouses. 9. The place appearing perfectly quiet I discharged the

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troops who were greatly in want of refreshment. Having less reason to apprehend a reassemblage of the people in the morning,

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IonlyputineffectthesameprecautionsasIhaddonethenight before,andreturnedhome.Ithenmademycommunicationof the22nd. 10. During the night there was an appearance of disturbance.ButwithaviewtocarryintoeffecttheCollectors durkhast I addressedthe samenightenclosureNo6 to Major Littlejohn, and received inanswer enclosure No. 7and 8. The followingmorningIwentintothetownandfoundallquiet.On myreturnIwrotetoMajorLittlejohnenclosureNo9andinthe courseofthemorningissuedseveralproclamationsofthesame tenor with that of yesterday. I also stationed the Cutwal and policepeonstopreventareassemblyofthemob,atthatplace, and finding that some liquor shops had been open the day before,contrarytomyorders,IsentanordertotheCollectorto close them also. This day a few persons assembled in the morningatShahjunghy,butweredispersedimmediatelybythe Cutwalandhisofficers.ItwasnownoonandIhadnoaccountof the petition mentioned the evening before, and the people re assembled in fewer numbers however than the preceding day, andIthereforedispatchedMrEwingtothespottodispersethem ifpossible.Thishowevercouldnotbeaffected.Ididnothowever deem it expedient to take the military (who had by this time arrived)tothespotastheprincipaldefaulterswhowerethere thedaybeforehadnotassembled,anditwouldhaveinterfered withtheplanIhadlaidofcarryingintoeffecttheexecutionof distraint in the town for which measure I was particularly anxiousasitappearedthemosteffectualandatthesametime the mildest manner of putting a stop to the tumultuous proceedings of the people. In pursuance of this design I proceededabout4 p.m.incompanywiththeCollector(aswill appear from the annexed correspondence) to the town and taking the precaution of stationing the troops at a small dis tance.Thedistrainersundersection10RegulationVII,1799as directedinsecondparagraphofsection12RegulationXV,1810, broke open the house of Lushkerree Saho, the principal first defaulter, and realised property to the amount of the tax, Rs.42.Thispropertywasnosoonerdistrainedthanaservant ofthedefaulterappearedwiththemoneywhichwasreceivedby theCollectorandthepropertyreturned.Aquantityofarmsthat were discovered in the house were secured. There were apparently no persons in the house unless in the female apartmentswhereIhavereasontosupposesomepersonswere concealed.Thebeneficialeffectsofhavingcarriedthismeasure

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wereimmediatelyapparentasthewholemobdispersed,noris theretodaytheleastappearanceoftheir

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reassembling,andthewholeoftheSoojagunjeaswellastherest arepreparingtopaythetax. ZillahBhaugulpore FouzdarryAdawlut the24thOctober1811 Ihave&c J.Sanford Magistrate

P.S.Iomittedtostateinthebodyofmyletter,thatIhavetaken uponmyselftoofferarewardofRs.500fortheapprehensionof anyofthepersonswhoassaultedtheCollector,whichmeasureI hopewillmeetwiththeapprobationofGovernment. P.S. II. I hope want of time will plead my excuse for not fur nishingatranslationofthePersianpapers.

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I.E.11(a).MajorLittlejohntoMagistrate,Bhaugulpore 23.10.1811 J.SanfordEsq., Magistrate,Bhaugulpore Sir, InanswertoyourletterjustreceivedIhavetoobservethat the disposable force of the Hill Rangers, the four companies about 160 rank and file, leaving only the usualguards inthe towncoulddispersesuchamobasappearedtoday,thoughvery large,andifthe16rioterswerepresenttheymightpossiblybe overtakenandsecured.Butyoumustconsiderthattheyhadnot asingleweaponofanykind,andintheeventoftheirflyingto arms of any kind in such an extensive and scattered town, I hardlythinkthecorpscouldrepelaprotractedinsurrection.The forcecouldnotwith proprietybeseparated,andwouldsoonbe harassedwithconstantdutyanddeprivedoffood,exceptitwere forciblyobtained. Thenativeofficersofyourcourtcanbestinformyouofthe plantheriotershaveinview,andoftheprobabilityofimmediate coercivemeasuresofhavingthedesiredeffect.Whentheprinci pal people retired lastevening, the remaining part of the mob women,andtheirchildrenseemedtohavenodreadoftheconse quenceoffiringamongthem,butrathersoughtit.Butitismy opinionthatultimatumshouldnottakeplaceunlessthering leaders are on the spot and if you think such a step and the securingofthemwouldputastoptoinsurrectionitoughtnotto bedelayed.

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Ifitisyourintentiontomeetthepeoplewhopetitionedfor itlastevening,innumbers,Ithinkitproperthatallthedesir ableforceshouldbepresent.ButIconceiveitwouldbebetter nottoreceivethemattendedwithamob,buttodesirethattheir arzeemaybesenttoyouwhenyoucanactaccordingly.Iam veryaversetofritteringthecorpsintoparties,particularlyasI amdeprivedoftheassistanceofEuropeanofficersanditistobe observedthathillmenarenotonafootingwithHindustaniesor haveeverbeenplacedinsuchasituation. AfterwhatIhavesaidaboveIbegyouwillinformmeifI shallmarchwiththecorpstotheCutwallee,andatwhathour youwillexpectmethere. Iam&c 1OClockA.M. P.Littlejohn 23rdOctober1811CommandingHillRangers

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I.E.11(b).Magistrate,BhaugulporetootherMagistrates 23.10.1811 TheMagistrates,AdjacentDistricts Sir, I request you will issue such orders as you may deem advisable for preventing people from proceeding from your districttoBhaugulporeinbodiesexceedingthenumberoften andtointerceptallarmswhichmaybesupposedtobeintended forBhaugulpore. 2.Myreasonformakingthisrequisitionisthatthepeople haveassembledintumultuousbodiesforsomedayspastforthe purpose of resisting payment of the house tax and there is reason to believe that every endeavour will be made by their leaderstoprocurereinforcementsfromotherdistricts. 3.Ifurtherrequestyouwilldomethefavourtointercept allnativecommunicationsofasuspicioustendencyandforward thesametome. ZillahBhaugulpore FouzdarryAdawlut 23rdOctober1811 Iam&c J.Sanford,Magistrate

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I.E.12.Magistrate,BhaugulporetoGovernment 24.10.1811 G.DowdeswellEsq., SecretarytoGovernment, JudicialDepartment, FortWilliam Sir, WhenIconcludedmydetailedreportofthisdaysdate,I entertained hopes that all resistance to the collection of the housetaxwasatanend.About1oclockhoweverIreceivedthe enclosureNo.1fromtheCollectorandimmediatelyorderedout thetroops. 2.At4p.m.IandtheCollectorproceededwiththemilitary towardsthehouseofthedefaulters.Butbeforewecouldarrive on the spotmany of them had paid. Itherefore requestedthe commanding officer to halt the troops, and sent forward the Cutwal in company with the Collectors amlah to require immediatepaymentfromtheremainder. 3. After waiting a short time the whole was paid, upon which I desired the commanding officer to march back the troops. 4.Iamhappytoaddthatmostoftheshopsinthetown arenowopen,andIhavenoideathattherewillbeanyfurther resistance. ZillahBhaugulpore FouzdarryAdawlut the24thOctober1811 7OClockP.M. Ihave&c J.Sanford Magistrate

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I.E.13.Collector,BhaugulporetoGovernment 25.10.1811 G.DowdeswellEsq., SecretarytoGovernment, FortWilliam Sir, Ihavethesatisfactiontoacquaintyouthatthecollectionof the house tax has proceeded without any opposition or resistance. The people are paying the money readily and the shopsareopening. CollectorsOffice Bhaugulpore Ihave&c 25thOctober1811FrederickHamilton 6P.M. Collector

. . .
I.E.14.Collector,BhaugulporetoGovernment 26.10.1811 G.DowdeswellEsq., SecretarytoGovernment, FortWilliam Sir, I am happy to communicate to you that no further oppositionhasbeenmadetothecollectionofthehousetax,as willbeseenfromtheenclosedreportsfromtheTehseeldars. CollectorsOffice Ihave&c BhaugulporeFrederickHamilton the26thOctober1811 Collector

. . .
I.E.15. Resolution of Government on receipt of the letter dated 21.10.1811fromCollectorofBhaugulporereportingtheassaulton him26.10.1811. The VicePresident in Council having taken the foregoing letterintoconsiderationobserves,thatonthe11thinstanthe

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had occasion to express his marked disapprobation of the conduct of the Magistrate of Bhaugulpore in suspending the collectionofthehousetax,insteadofaffordingtotheCollector thenecessaryaidandsupportinthecollectionofthetax,which the obligations or the Magistrates public duty obviously and indispensablyrequired.TheVicePresidentinCouncilissatisfied that the native inhabitants of Bhaugulpore would not have ventured to offer the insults and outrages described in the foregoing letter, to the Collector, and in his person to the Governmentitself,hadtheMagistrateonreceiptoftheordersof the above date adopted the necessary precautions for the maintenanceofthepublicpeace,andfortheduesupportofthe Collectorandofhisnativeofficersinthedischargeoftheduty entrustedtothemwithregardtothecollectionofthehousetax. Onthegroundsabovestated,theVicePresidentinCouncil deemsitindispensablynecessarytosuspendMrSanford from theofficeofJudgeandMagistrateofBhaugulpore,andinorder to provide for the discharge of the duties of that station to deputeMr.H.ShakespeartoofficiateasJudgeandMagistrateof Bhaugulporeuntilfurtherorders. OrderedthatMrSanfordbeaccordinglydirectedtodeliver chargeoftheofficeofJudgeandMagistratetoMrShakespear immediatelyonhisarrivalinthedistrict. OrderedthatMrSanfordbeatthesametimeinformedthat the Government will be ready to consider any circumstances which he may be desirous of submitting injustification of his conduct, which, combinedwiththe detailedinformationwhich the VicePresident in Council will of course receive from the Acting Magistrate and from the Collector, will enable Governmenttojudgehowfaritmaybeagainpropertoemploy himintheresponsiblesituationofaJudgeandMagistrate. Ordered that the necessary instructions be issued to Mr Shakespearinconformitytotheforegoingresolutionandthathe befurtherinformed,thatadvertingtothecircumstanceswhich haveledtohispresentdeputation,theVicePresidentinCouncil desiresthathewillmakeitanobjectofhisparticularattention toenforcepaymentofthetaxinconformitytotheassessment fixedbytheCollectorandconfirmedbytheBoardofRevenue. OrderedthatanextractfromtheProceedingsbeforwarded throughtheMilitaryDepartmenttotheCommanderinChiefand thatHisExcellencyberequestedtoconsiderwhetheritbe

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necessarythatanymilitaryforceshouldproceedtoBhaugulpore in addition to the corps of Hill Rangers, with the view of supporting the Collector and the officers of police in the dischargeoftheirpublicduty,andifsotoissuethenecessary ordersaccordingly. Ordered that the tenor of the foregoing orders be communicatedtotheBoardofRevenueandtotheCollectorof Bhaugulpore. G.Dowdeswell SecretarytoGovernment, JudicialDepartment

. . .
I.E.16.GovernmenttoCollector,Bhaugulpore 29.10.1811 Ordered that the Secretary, write the following letters to the MagistrateofBhaugulpore,toMr.Ewing,andtotheCollectorof Bhaugulpore. TheCollectorofBhaugulpore Sir, I am directed by His Excellency the VicePresident in Counciltoacknowledgethereceiptofthefollowinglettersfrom youwiththeirenclosures:onedated22nd,twodated23rd,one dated24th. 2. His Excellency in Council has observed with great satisfaction that the authority of Government has been reestablished in the district of Bhaugulpore and that the paymentofthehousetaxhasbeenfullyenforced. 3. Under the circumstances above noticed, it has been deemed sufficient to direct Mr Ewing to receive charge of the district from Mr Sanford and to officiate as Magistrate until furtherorders.AcopyoftheletterwrittentoMrEwingonthe occasionisenclosedforyourinformation. 4.Onageneralreviewofthecircumstancesattendingthe late disturbances, the VicePresident in Council has observed withequalsatisfactionandapprobationthefirmnessmanifested by you in the discharge of the duties of your station and in supportofthelegitimateauthorityofGovernment.

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Iam&c G.Dowdeswell CouncilChamberSecretarytoGovernment the29thOctober1811JudicialDepartment OrderedthatMrH.Shakespearbeinformedthatreportsfrom the Magistrate and Collector of Bhaugulpore having been received signifying that the authority of Government has been reestablishedinthatdistrictandthatthepaymentofthehouse taxhadbeenenforced,theVicePresidentinCouncilispleased torescindtheorderspassedonthe26thinstantdeputinghimto take charge of the office of Judge and Magistrate of Bhaugulpore.

. . .
I.E.17.Magistrate,BhaugulporetoGovernment 31.10.1811 G.DowdeswellEsq., SecretarytoGovernment, JudicialDepartment, FortWilliam Sir, Ihavethismomentwithsentimentsofthedeepestregret, mortification,anddistressreceivedyourcommunicationofthe orders passed by Government on the immediate receipt of a report from the Collector of the district respecting the outrage offeredtohimselfandinhispersontotheGovernmentbythe nativeinhabitantsofBhaugulporewhohadassembledtoresist paymentofthehousetax. 2.Thereportappearsevidentlytohavebeenpennedatthe impulseofthemoment,whentheCollectorsmindwasnaturally inastateofextremeirritationandacteduponatatimewhen the high authority of Government itself was felt to have been grossly outraged and degraded in the person of their officer. Under the circumstances I submit with deference to the temporarydispleasureofGovernmentinthefullconfidencethat theGovernmentinitsjusticewillnothavewithholdenfromme thefullshareofapprobationtowhichmyconductonacomplete

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viewofthecaseinallitsbearingswillsincehaveshownmetobe fairly entitled and that the deputation of Mr Shakespear will havebeencountermandedbeforehecanhaveleftCalcutta.

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3. The detached reports submitted by the Collector and myself contain all the material facts and I look to them with confidenceformyfullexculpation. 4.Myreasonsfornotcallinginmilitaryaidprevioustothe attackontheCollectorhavealreadybeenstatedinmyaddress toyouofthe22ndand24thinstant.Whetheranycreditbedue tomyforbearanceinnotrequiringitsoonerisaquestionforthe calm and deliberate wisdom of Government to decide. Doubt maypossiblybeentertainedontheprudenceofapartialdelay but none can exist as to the motives which influenced my conductonthatoccasion,norofthesinceredesireIentertained to execute the orders of Government in the mode which appearedtomebestadaptedtotheobjectwhichwasmeantto beattained.Thatnopoliceofficerswereathandwhentheattack was made on the Collector is entirely attributable to the negligence and wilful misconduct of the Cutwal, whom I accordingly suspended from office as already reported to Government. 5.InregardtothemeasureswhichIadoptedsubsequent totheoutrageagainsttheCollectorspersonImayperhapsclaim some shareof merit.The best Magistrate would have found it difficulttohaveeffectedmorethanIdid.Plainfactsspeakfor themselves. It is sufficient to recite that the people were dis persed,theconfederacybroken,thetaxcollectedandthemost perfecttranquilityrestoredwithoutthelossofasinglelife,inthe shortperiodofthreedaysfromthecommissionofthefirstactof violence by the rabble. I advert to these facts with a sense of conscious pride and satisfaction that my endeavours have not been wanting to perform the arduous duty of my office on a highly critical occasion with energy and zeal for the public service,butthatmywellmeantendeavourshavebeencrowned withsuccess.ForallbeyonditIsubmittotheindulgentcandour ofGovernment. 6.Iwriteundergreatagitationandhopeeveryallowance will be made for the acuteness of my feeling on an occasion whereinmypubliccharacter,creditandfutureprospectsinthe servicearesodeeplyimplicated. Bhaugulpore 31stOctober1811 halfpast8P.M. Ihave&c J.Sanford Magistrate

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I.E.18.Magistrate,BhaugulporetoGovernment 5.11.1811 (Extract) 5.InmydefenceInowthinkitabsolutelynecessaryanddueto myself, to waive all delicacy towards the Collector, who has evidently shown verylittle to me as well inhis reportto Gov ernment,asinhiscorrespondencewithmyself(perhapsitmay be observed I ought to have done this before, but I was determinedtoputtopapernothingthatmightappearilliberalor tohisdetrimentunlessactuallycompelled,whichInowconceive tobethecase).InthefirstplacewhentheCollectorinhisletter of the 21st addressed to Government states that he was assaultedincarryingintoexecutionthecollectionofthehouse tax,hedeviatesfromthetruth;secondlyIhaveeveryreasonto believe(andthisisalsotheopinionofotherGentlemenofthe station),thathadhenotirritatedthemob,byfloggingthemthe assaultnevercouldhavetakenplace.Ashoweveritmayappear invidiousandimproperinmetoenterintoadetailofrealfacts,I trustthatGovernmentwilldomethejusticetodirecttheJudge of Circuitatthenextjaildeliverywhichwilltakeplaceinthe courseofthepresentmonth,toinvestigatethewholebusiness, when no doubt Government will obtain a fair and impartial statement.

. . .
I.E.19.GovernmenttolateJudgeandMagistrate 12.11.1811 JSanfordEsq., LateJudgeandMagistrate, Bhaugulpore Sir, I am directed by His Excellency the VicePresident in Counciltoacknowledgethereceiptofyourlettersunderdatethe 31stultimoand5thinstant,andagreeablytoyoursuggestion, the JudgeofCircuitwillreceiveinstructionstoinvestigate the circumstancesoftheassaultonthepersonoftheCollectorwhen the trial of the person who stopped Mr. Ewings buggy and

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whosecommitmentisreportedinyourletternowacknowledged shallcomebeforehim.

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2. With reference however to your remark, that the Collector has deviated from the truth in stating that he was assaultedincarryingintoexecutionthecollectionofthehouse tax,Iaminstructedtoobservethatalthoughtheassaultwasnot committedliterallywhentheCollectorwasintheactofcollecting thetaxitwassoobviouslytheconsequenceofhishavingbeen engaged in the performance of that duty, as to render the Collectors statement substantially correct: And as you must have been perfectly aware that the Collector did not mean to describe the assault as having been committed when he was actuallyengagedincollectingthetax,HisExcellencyinCouncil consider you to have taken an unfair advantage of a mere inaccuracy of expression employed in the preparation of a hurried and urgent despatch to charge the Collector with a deliberatedeparturefromthetruth. 3. The final determination of Government on your case, under the explanations which you have furnished, will be hereaftercommunicatedtoyou. Iam&c CouncilChamber N.B.Edmonstone, the 12th November 1811 Chief Secretary to Government

. . .
I.E.20.ActingMagistrate,BhaugulporetoGovernment, 6.11.1811 (Extract) 2.IhopeitwillnotbedeemedpresumptionifIoffermy humble opinion, that the assault on the Collector had no connectionwiththemeasuresoftheMagistrateorthecollection of the house tax, but was entirely unpremeditated and accidental.Iamalsoofopinion,thatitcanscarcelybecalledthe actofthemob,butwasperpetratedbyafewofthelowestrabble inastateofintoxication. 3.Toshowthatthiswasthecase,Ibegleavetotransmita copy of my report to the Magistrate on the occasion, which, though it relates only to the apprehension of the man who stopped my horse, will point out the immediate cause of the outrage. Ihave&c

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J.Ewing,ActingMagistrate

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I.E.20(a).J.EwingtoMagistrate,Bhaugulpore 22.10.1811 J.SanfordEsq., MagistrateofBhaugulpore Sir, Ithinkitnecessarytostateinwriting,thecircumstancesof the apprehension of Fuzzul Ali with which I have already ac quaintedyouverbally. As I was driving yesterday evening in my buggy accompanied by Mr. Cracraft, I observed a crowd of several thousand peopleassembledintheplainundertheHillHouse. Wepassedthemwithoutinterruption. Onreturninghowevera manwhoappearedinastateofmadnessorintoxication,ranup tothehorsebutmissinghisheadhelaidholdoftheshaftofthe buggyandcomingnearthestepsnatchedatthereinswhichhe failed in getting hold of. The syce instantly seized him by my order,andMr.Cracraftleapingout,tiedthemanshandsbehind him.Whilewewerethusengaged,agreatcrowdgatheredround but did not interrupt us. At length a few other men in liquor begantobeinsolent,andtolduswemustreleasetheman.Sir F.Hamiltondroveupatthemomentanddismountingfromhis phaetondispersedthepeoplewhosurroundeduswithhiswhip. SirF.Hamiltonthenremountedanddroveontowardsthewest, and the attention of the mob, being directed to him, I was enabledtogettosomedistancewiththeprisonerwhomIsentto theCutwallyunderchargeofmysyce. ZillahBhaugulpore FouzdaryAdawlut the22ndOctober1811 (Atruecopy)J.Ewing,ActingMagistrate Iam&c J.Ewing Assistant

. . .
I.E.20(b).GovernmentDecisiononActingMagistratesletter 19.11.1811 Remark: The Board observes that orders having already been issuedfortheinvestigationofthedisturbanceatBhaugulpore,

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no further orders are at present necessary on the foregoing letter.

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I.E.21.GovernmenttoMagistrate,Bhaugulpore 19.11.1811 Resolution: [after considering charges and countercharges by CollectorandJ.Ewing,ActingMagistrate,againsteachotherin voluminouscorrespondence] The GovernorGeneralinCouncil is pleased to direct that Mr. SanfordbedesiredtoresumethechargeofthedutiesofJudge and Magistrate of Bhaugulpore from the exercise of which he waslatelysuspendedreservinghoweverforfutureconsideration afinaldecisionwithregardtohispermanentreestablishmentin thatoffice. Orderedthattheforegoingresolutionbecommunicatedto Mr.EwingandtheCollectorofBhaugulpore. OrderedthattheSecretarywritethefollowinglettertothe JudgeandMagistrateofBhaugulpore.

. . .
I.E.21(a).GovernmenttoMagistrate,Bhaugulpore 19.11.1811 J.SanfordEsq., JudgeandMagistrate, Bhaugulpore Sir, Government having received from the Collector of Bhaugulpore, the copies and translations furnished to him by thelateActingMagistrateoftheproceedingsofthelatterinthe investigation of the charge preferred against Gopal Doss, a clashyintheserviceoftheCollector,ofpurloiningapartofthe effectsofLushkerreeSahoowhenhispropertywasabouttobe distrained for the recovery of the house tax, and also in entertainingaquestionandtakingevidenceuponitrelativeto theallegedprecipitancyoftheCollectorinproceedingtolevythe taxbydistraint:Iamdirectedtoinformyou,withrespecttothe firstofthesepoints,thattheCollectorhasbeendirectedtoapply onbehalfofhisservantfortheredressoftheinjusticeofwhich hecomplainstothesuperiorcourtinthemodeprescribedbythe

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regulationsinsuchcases.

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2.Withrespecttothesecondpoint,Iamdirectedtoinform you,thattheconductoftheActingMagistrateintakingevidence onthequestionoftheCollectorsallegedprecipitancyinlevying adistressforthehousetax,isconsideredtohavebeenirregular andhighlyobjectionable,theinvestigationofthatquestionbeing deemedforeigntothedutiesofhisofficeandmanifestlytending to the revival of the disturbances which had been so recently suppressed. Iam&c CouncilChamber N.B.Edmonstone the19thNovember1811ChiefSecretarytoGovernment

. . .
I.E.22.Collector,BhaugulporetoGovernment 23.12.1811 G.DowdeswellEsq., SecretarytoGovernment, FortWilliam Sir, I beg to acquaint you for the information of the Right Honble the Governor General in Council, that I have not met withanyresistanceinproceedinginthecollectionofthehouse tax. BhaugulporeCollectorsOffice Iam&c

the23rdDecember1811F.Hamilton Monday6P.M. Collector

. . .
I.E.23.GovernmenttoCollector,Bhaugulpore 10.1.1812 TheCollectorofBhaugulpore Sir, IamdirectedbytheRightHonbletheGovernorGeneralin Council to acknowledge the receipt of your letter of the 23rd ultimo.

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2.TranquilityhavingbeenestablishedatBhaugulporethe Governor General in Council desires that all your future communicationsrespectingthehousetaxmaybemadethrough theestablishedchanneloftheBoardofRevenue. Iam&c G.Dowdeswell Secretary to Government RevenueDepartment

CouncilChamber the10thJanuary1812

. . .
I.E.24.Collector,BhaugulporetoGovernment 17.2.1812 G.DowdeswellEsq., SecretarytoGovernmentintheJudicialDepartment, FortWilliam Sir, Ihavethisdayreceivedinformation,thattheMagistrateof Bhaugulpore, in a letter to Government dated the 5th of November, has directly accused me of irritating the mob by floggingthem,ontheeveningofthe21stofOctoberlastwhenI wasassaulted. 2. The validity of this assertion can not be affected, one way or the other by my absence from, or presence at Bhaugulpore,andevensupposingthatthefactwasestablished, it might be of some use to the persons who committed the outrage, but could in no possible manner extenuate the Magistratesconduct,inallowingthemobtoassemble,forfour orfivedaysprevious.Ishallcontentmyselftherefore,atpresent bygivingasimpledenialtotheassertionandinrequestingthat theinvestigationofthispointmayproceed;entreatingonly,that itsproofsmayrestonothergroundsthanthetestimonyofthe persons who had tumultuously assembled, and to whose interestitmustnecessarilybe,thatIshouldbemadeoutguilty, andtheypronouncedinnocent.TheMagistratehimselfwasnot there. 3. Had they murdered me, it would have been but a secondaryconsideration,excepttoindividuals,butthedignityof the state is the primary object of this investigation. The mob assembledforthepurposeofopposingthetaxandithadcollect

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edforseveraldays,previoustothe21stOctober,onacertain

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spotwithliquor,sweetmeats,priests&candneartowhichwas animmenseheapofbricks. Itakethelibertytorequestthattheattentionofthecircuit judgemaybedirectedtothefollowingpoints. Whether the aggression was not commenced, in the first instance,byamanseizingMr.Ewingsbuggyreins,preventing himgoingon,andattemptingtostrikethegentlemanwithhim. WhetheronmycomingupIdidanythingmorethancrack andflourishthewhip,andparticularlywhetherItouchedany body, or in any way personally assisted in securing the individual. 4.IrequestalsothattheMagistratemaybecalleduponto state what precautionary measures he adopted to prevent the assemblage of this mob, what steps he took to disperse them duringthefourorfivedaysthattheyhadassembledpreviousto theassaultandwhatorderswereissuedbyhim,inconsequence of your letter to him of the 11th October with a view of supportingmeinthedischargeofmyduty. 5. As it is impossible for me in any way, to be at Bhaugulporeintime,andasthecircuitjudgeisproceedingin theinvestigationduringmyabsence,allowmetoentreatthathe maybedirectedtoapplyforanyinformation,ofwhichhemay standinneed,onthisparticularpointtoMajorsFranklinand Littlejohn. They know as much of the business as I do, for I nevertouchedoneofthem. 6.Forthemostrigidinvestigationofthecircumstancesof thelateriotsImostanxiouslywishedandIclungtothehope thatitwouldtakeplacetothelastmomentandhadGovernment condescendedtoinformmethatsuchathingwasinagitation, nothingwouldhaveinducedmetoleaveBhaugulpore. 7. The general tendency of the investigation, as now proceeding,istheassaultonmyperson,thisIagainrepeat,even in my own estimation, is but a secondary consideration, an aggravation of the first great fault, and I shall never cease to lamentthatanyconsiderationofthissecondarynatureshould be allowed to prevent a full circumstantial enquiry into the causesofthelateriots. Calcutta Ihave&c the7thFebruary1812F.Hamilton,Collector

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I.E.25.GovernmenttoCircuitJudge 18.2.1811 Ordered that the secretary write the following letter to the second judge of circuit for the Division of Moorshedabad, at Bhaugulpore. TheSecondJudgeofCircuitfortheDivisionofMoorshedabadat Bhaugulpore Sir, I am directed to transmit to you the enclosed copy of a letterfromtheCollectorofBhaugulporetoacquaintyouthatthe RightHonbletheGovernorGeneralinCouncildesires,thatyou will give all the attention to the circumstances stated by him, and to any further representations, which may be eventually made to you on his behalf, which may be consistent with establishedformsofprocedureintheinquiriesinwhichyouare engagedregardingthelatedisturbancesatBhaugulpore. Ihave&c G.Dowdeswell CouncilChamberSecretarytoGovernment the18thFebruary1812 JudicialDepartment OrderedthatacopyoftheabovelettertotheSecondJudgebe transmittedtotheCollectorofBhaugulporeforhisinformation.

. . .
I.E.26.SecondJudgeofCircuittoGovernment 7.3.1812 (Extract) 3.OnthepartoftheTehsildarofthehousetax,Iamafraid an obvious departure from the rules prescribed by Regulation XV,of1810,inthemodeofcarryingthetaxintoexecutionat this station, will appear; no oath having been administered to him;andheappearstohaveappliedtheauthorityvestedinhim, toopartially,andwithnodiscriminationeitherwithreferenceto thelocallimitationofthehouses,qualificationsofthepeople,or the legal amount of the assessment. I have grounded this opinionsolelyonsomecasualcircumstances,thatforcedthem selvesuponmyobservation,inthecourseoftheinvestigation;

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butas

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IconsidereditasubjectirrelevanttothepointsIwasrequiredto reportupon,Ididnotgiveititsfullenquiry,andamfarfrom meaning to imply the least blame to the Collector; by the necessityofmentioningit.Ashewasnotonthespot,toanswer for himself and probably like most of the gentlemen holding officesofresponsibilityinthisservice,hehasbeendeceivedby his native officers, and abuses may have existed unknown to him,Ineedonlyaddthatifitshouldappear,thatthoseabuses didexist,itwillcertainlyformoneoftheleadingfeaturesofthe causetowhichthelatedisturbancesareascribable,andIcould notconsistentwiththenatureoftheofficialdutyreposedinme, howeverpainful,passitoverentirelyunnoticed. 4.TocarryintoeffectwithsatisfactiontotheGovernment andatthesametime,tosecurethetolerationofthepeople,ona measure which has been received with such universal dissatisfaction by the populace of all descriptions of persons, appearsnoeasytask.ItequallyplacestheMagistrateandthe Collector in a trying, dangerous, and invidious situation. The Collector because, he is compelled to confide in executive officers,whocannotbyanyartificialmeansbemadehonestor worthy of trust, on the most simple occasion, where the realisationofmoneyistheobjectbutparticularly,onthewide andopenfieldforspeculation,abuseandintrigue,offeredtothe personemployedincarryingintoexecutionthecollectionofthe housetax.TheMagistrate,because,hehasreallynotthemeans ofdivertingtheconsequencesofresistanceandoppositiontothe wishesofGovernment.Itiseasytotalkofassistancefromthe police;orofthemoreimposingaidfromthenativetroops.Butit shouldberememberedthatboththepoliceofficers,aswellas thesepoysareincommonwithothers,personalsufferersbythe housetax;atleasttheirfamiliesareso,sufficientlytoexcitein theirbreasts,feelingsandinclinationsinimicaltothesuccessful issueofthemeasure,andthatfromtheveryofficers,fromwhom alone,theMagistratecouldbeledtoexpect,orlookupto,fora decidedandvigoroussupportinthecriticalhourofemergency. 6. Sir FrederickHamilton certainly appearsto have been severelytreatedbythemobontheeveningofthe21stOctober last;andthoughhismotivesforrushingsinglyandprecipitately into the midst of an enraged and irresistible mob, in the offensive manner he is stated to have done, with the view I presumeof rescuingMr.Ewingfromthe perilous situation, in whichSirF.Hamiltonconsideredthatgentlemantobein,atthe moment,

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was laudable; yet, it was best, an act that betrayed more temerity than discretion. For upon whatprinciplecould SirF. Hamilton,haveexpectedtoescapeuntouched,andifindeedhe had made a similar attempt to disperse an English mob; composed of from four to five thousand people with merely a huntingwhipinhishand;hewouldinevitablyhavelosthislife. Men under the influence of certain passions, are pretty much thesameallovertheworld,andwithrespecttotheinsultoffered totheGovernmentinthepersonofSirF.Hamilton,Iimagine the lower description of natives of this country, have not yet arrivedatthatstateofcivilisedrefinement,toallreflectionsof ceremonytooperateontheirminds,particularlywhensmarting under the dread of exactions, which they themselves at least consideredarbitraryandoppressive. Ihave&c W.T.Smith SecondJudgeofCircuit the7thMarch1812 DivisionofMoorshedabad

ZillahPurneah

. . .
I.E.27.GovernmenttoMagistrate,Bhaugulpore 18.4.1812 Ordered that the secretary write the following letter to the MagistrateofBhaugulpore TheMagistrateofBhaugulpore Sir, Inthe Chief Secretarysletter of the 12thNovember last, you were informed that the judge of circuit would receive instructions toinvestigatethecircumstancesoftheassaulton the person of the Collector, when the trial of the person, who stoppedMr.Ewingsbuggyandwhosecommitmentisreported inyourletter,nowacknowledged,shallcomebeforehim. 2. The judge of circuit having since submitted to Governmentacopyoftheproceedingsheldbyhiminthatcase, it appears to Government to have been established, that the disturbancecommencedwithariotousattemptmadebyaman, apparentlyinastateofintoxication,tostopMr.Ewingsbuggy. It likewise appears, that in this stage of the business the

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Collectordroveforwardamongthecrowd,andalightingfromhis

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carriage exerted himself to disperse them. The evidence taken likewiseleavesnodoubtinthemindoftheGovernorGeneralin Council, that Sir Frederick Hamilton in endeavouring to accomplishthatobjectstrucksomeofthecrowdwithhiswhip. 3.Thefactsabovestatedformingtheprincipalfeaturesof thecause,sofarastheconductoftheCollectorwithrespectto thedisturbanceisconcerned,theGovernorGeneralinCouncil considers the exertions made by Sir F. Hamilton, to aid Mr. Ewingtohavebeennotonlywarrantablebutlaudablealthough the use made by him of his whip was indiscreet, and objectionable. 4.Itremainstonoticethetenorofthereportsubmittedby the Collector to Government on the occurrence of the above mentioned disturbance. In that letter it is stated, that he had been most grossly assaulted in carrying into execution the collection of the house tax. From the circumstances however abovestatedandfromthegeneraltenoroftheevidencetakenby thejudgeofcircuit,itisapparentthatthepersonalinjurywhich theCollectorexperienced,wasnotinstrictnessreceivedbyhim in the discharge of that duty; although committed by a concourse of people assembled to oppose the collection of the tax.Itmustberegardedasaconsequenceofthemode,inwhich he proceeded to aid Mr. Ewing, as already noticed. The establishmentofthosefactsconsequentlyrendersitnecessaryto correct the judgement passed by Government with respect to thatpoint,asstatedinthechiefSecretaryslettertoyouofthe 12thNovemberlast. 5.HisLordshipinCouncillikewisedeemsitnecessaryto observe,thattheregardduetothecharacterofapublicofficer should have suggested to the Collector the propriety of communicating the letter in question to you, if not before the dispatchofit,atleastimmediatelyafterwards;whichwouldof course have enabled you to have offered those explanations whichyoumighthavejudgednecessary. Iam&c G.Dowdeswell CouncilChamberSecretarytoGovernment the18thApril1812 JudicialDepartment OrderedthatacopyoftheforegoinglettertotheMagistrate of Bhaugulpore, containing the final orders of Government respectingthelatedisturbancesinthatdistrictonaccountofthe collection of the house tax, be transmitted to the Collector of

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Bhaugulporeforhisinformation.

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II ANNEROFRETRACTIONINPOLICY M
II.1 G.Dowdeswell,LateSeniorMemberoftheBoardofRevenue (also Secretary, Revenue and Judicial Departments) to N.B. Edmonstone,ChiefSecretarytoGovernment 18October1811 (Extract) HOUSETAX 11. Considerable progress has been made in the assessment of the tax on houses, and it may reasonably be expectedthat itwill be shortlycompleted throughout Bengal, BeharandOrissa. 12.Fromtheexperiencehithertoobtainedonthesubject, itappearsclear,thatthetaxcannotbeanobjecttoGovernment exceptatthecityandsuburbsofCalcutta.Atotherplaces,at least(atthecities)Iamledtobelieve,fromallthatIhaveheard on the subject, that a considerable degree of irritation still prevailsonaccountofthetax,andthatyearsmustelapsebefore thatirritationwillaltogethersubside. 13.Ifthisviewofthesubjectbecorrect,thesacrificeof2 or 3 lakhs of rupees (for I do not conceive that the aggregate amount of the tax will exceed that sum) may not perhaps be thoughttoomuchtoconciliatetheaffectionofthelargebodiesof people,comprisingthecitiesandprincipaltowns,andbythese meanstodrawcloserthetieswhichunitethecommunitytothe Government. 14. Ifhowever the produceof the tax be stilldeemedan objectofmoment,Iwouldsuggestthatitbecommutedforatax onthelicencesissuabletotheseveralclassesofpeoplespecified in section 12, Regulation 1, 1811. Such tax would rather aid than obstruct the reform of the police, by eventually reducing thenumberofpersonsemployedinthetradesinquestion,who require to be vigilantly watched by the police, and if the

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RegulationandtaxwereextendedtotheWesternProvinces(also Secretary,RevenueandJudicialDepartments,)asmight

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hereafter be done, the produce of the latter would in all probabilitybeequaltothetaxonhouses. 15.Shouldthesesuggestionsappeartomeritattention,it mayofcoursebealsoconsidered,whetherthetaxonhousesin thesuburbsofCalcutta,mightnotbestillcontinued,wherethe greaterpartoftheobjectionswhichmaybeurgedtothetaxin otherplacesdonotexist.

. . .
II.2.ChiefSecretarytoR.Rocke,ActingPresidentandMembersof theBoardofRevenue 22.10.1811 (Extract) 5.Onconsiderationoftheobservationscontainedinthese paragraphs,andofallthecircumstancesofthecase,theVice PresidentinCouncilissatisfiedattheexpediencyofabrogating thetaxonhousesestablishedbyRegulationXV,1810,andwith that view is pleased to direct, that in the first instance the process of assessment at the stations where it may not have been completed be stayed and that the collection of the tax whereitmayhavebeencommencedbestopped,withexception however of any places at which commotions originating in a resistancetotheoperationofthetax,mayexistattheperiodof the receipt of the present orders. His Excellency in Council accordingly desires that you will issue orders inconformity to the resolution; requiring reports from the collectors, to whom those orders are to be addressed, in reply to them; copies of which reports are to be submitted to the VicePresident in Council,whoonthereceiptofthemwillpassordersforthefinal abrogation of the tax, unless the existence of any open oppositionsshouldrenderitnecessaryeitherwhollyorpartlyto enforce the collection of it. For the reasons assigned by Mr. Dowdeswell howeverthese ordersarenotintended to apply to thesuburbsofCalcutta. 6. Instructions, corresponding to those contained in the preceding paragraph will be issued to the Board of CommissionerswithrespecttothecityofBenares. 22October1811 N.B.Edmonstone ChiefSecretary

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II.3ChiefSecretarytoBoardofCommissionersatFarrucaubad 22.10.1811 TheBoardofCommissioners Gentlemen, His Excellency the VicePresident in Council having had underhisparticularconsiderationthetaxonhousesestablished by Regulation XV, 1810 is satisfied of the expediency of abrogating that tax. The Board of Revenue has been in consequencedirectedtostaytheprocessofassessmentatthe Stationsatwhichitmaynothavebeencompletedandtostop the collectionof the tax, where itmayhavebeen commenced, withtheexceptionhoweverofanyplaces,atwhichcommotions originatinginaresistancetotheoperationofthetaxmayexist attheperiodofthereceiptoftheabovementionedorder. 2.InlikemannertheVicePresidentinCouncildesiresthat you will furnish the Collector of Benares with the necessary instructionsonthesubjectinconformitytotheresolutionabove stated,reportingtheresulttoyoufortheinformationoftheVice PresidentinCouncil,whoonreceiptofthereplyoftheCollector of Benares and of the several Collectors in the Provinces of Bengal, Behar and Orissa, will pass final orders for the abrogation of the tax, unless the existence of any opposition shouldrenderitnecessaryeitherwhollyorpartiallytoenforce thecollectionofthetax. Ihave&c G.Dowdeswell FortWilliamSecretarytoGovernment the22ndOctober1811RevenueDepartment

. . .
II.4GovernmenttotheBoardofRevenue 3.12.1811 OrderedthattheSecretarywritethefollowinglettertotheBoard ofRevenue. TheBoardofRevenue

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Gentlemen, The Right Honble the GovernorGeneralinCouncil has received information that orders have been issued to the Collector of Bhaugulpore to discontinue the collection of the housetaxinthatdistrict. 2.TheorderspassedbyGovernmentonthatsubjectare datedthe22ndOctoberandarethusexpressed. DespatchedtotheBoardon29thOctober. On consideration of the observations contained in these paragraphs,andofallthecircumstancesofthecase,theVice PresidentinCouncilissatisfiedattheexpediencyofabrogating thetaxonhousesestablishedbyRegulationXV,1810,andwith that view is pleased to direct, that in the first instance the process of assessment at the stations where it may not have been completed be stayed and that the collection of the tax whereitmayhavebeencommencedbestopped,withexception however of any places at which commotions originating in a resistancetotheoperationofthetax,may,existattheperiodof thereceiptofthepresentorders. DespatchedtotheBoardon28thOctober 3.Underdatethe26thOctoberlastyouwereinformedby Government of the disturbances which had occurred at Bhaugulporeonaccountoftheabovementionedtaxandofthe outrageofferedtotheCollector. 4. Information on the latter point must necessarily have beenreceivedbyyoubeforetheordersregardingtheabrogation of the tax, with the exception stated, could have been issued from your secretarys office. It consequently follows that those orders ought not to have been sent to the Collector of Bhaugalpore,orthatheshouldhavebeenexpresslyinformedby youthattheywerenotintendedtoapplytothedistrictunderhis charge. 5. The error above noticed is obviously productive of embarrassing consequences. As noticed in the orders of the 22nd October last, the Governor General in Council would consider it highly inexpedient to abolish the tax at places, in which any disturbances might exist, originating in lawless opposition to the enforcement of it. On the other hand to proclaim(ashasbeendonebytheCollector)thediscontinuance of the tax and then to revive it may create an impression of

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instability in regard to public measures in the minds of the community(whocannotof

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coursepossesstheinformationrequisitetoenablethemtodis criminatebetweentheactsoftheGovernmentandthoseofthe subordinateauthorities)whichitisofcoursedesirabletoavoid. 6.Onconsiderationhoweverofallthecircumstanceofthe caseHisLordshipinCouncildeemsitpreferabletocontinueto enforce thecollection ofthe taxin the districtof Bhaugulpore thantoacquiesceintheabrogationofit,contraryasismanifest to the extent of the orders of the 22nd October last. The Governor General in Council accordingly desires that you will communicatethesesentimentstotheCollectorofBhaugulpore and direct him to proceed in the collection of the tax, conformablytotheprovisionsofRegulationXV,1810. 7.IthasbeenabovenoticedthattheCollectorhadissueda publicationsignifyingtheintentionofGovernmenttoabolishthe house tax. But even supposing that the orders above noticed couldhavebeenproperlyconstructedtoapplytoBhaugulpore, the Governor General in Council does not discern that the circumstancesofthecasewouldhaverequiredtheissueofany publicationwhatever.Theordersinquestion(asalreadycited) directedthatinthefirstinstancetheprocessofassessmentat the stations where it may not have been completed be stayed and that the collection of the tax where it may have been commencedbestopped,withexception&c,&c. 8. It is evident therefore that the Collector had only to discontinue the assessment or collection, according to circumstances, and that the intention of Government would havebeenfulfilledwithoutanypublicandgeneralnotification, until it should have been deemed proper to rescind or modify Regulation XV, 1810 by the enactment of another regulation, which would then be of course promulgated in the usual manner. 9.OnthispointIamdirectedtoobserve,thattheGovernor GeneralinCouncilconceivesthatfew,ifanyoccasionscanarise, requiringtheCollectorstoissuegeneralpublication.Incasesin which such publication may be requisite it appears to Government advisable, that they should be prepared and previouslysubmittedbyyourBoardtoGovernmentaccordingto the nature and circumstances of the case for approval. The GovernorGeneralinCouncildesiresthatthesesentimentsmay be made generally known to the Collectors subject to your authority. Ihave&c.

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G.Dowdeswell FortWilliamSecretarytoGovernment the3rdDecember1811 RevenueDepartment

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II.5.AdvocateGeneraltoGovernment 8.1.1812 G.DowdeswellEsq., SecretarytoGovernment, Revenue&JudicialDepartment Sir, IhavebeenappliedtobyMr.ThackeraytheCollectorofthe 24Pergunnahstostatemyopinionastohisrighttodistrainthe goodsofEuropeansubjectsofHisMajestyresidingintheMofus siloutofCalcuttawithinhisdepartmentforthenonpaymentof thehousetaxlatelyimposedbythe15thRegulationof1810. 2.IfsuchsubjectsofHisMajestythroughoutIndiahadnot been made subject to the Supreme Court of Judicature establishedbythe kinginallcivilandcriminalsuitsIshould have no difficulty in deciding that he had authority to do so, upon the ground that every man in subject to the law and governmentoftheplaceinwhichhelives.ButashisMajestys Europeansubjectshavebeenmadeanswerableinallmattersto thosecourtsandastheregulationswhichhavebeensanctioned bythekinginparliamenthavebeenadvertedtoasmadeandto be made for the native inhabitants of India and such other persons as are subject to the provincial courts which the EuropeansubjectsarenotasIconceive,Ihavegreatdifficultyin pronouncingthatthepropertyofsuchofHisMajestyssubjects canbedistrainedforthetaxinquestion. 3.Asamatterofrevenueitmightbecontendedthatifin the present instance the house tax should be enforced by distressnoactioncouldlieatthesuitoftheEuropeaninthe SupremeCourtinconsequenceofthe21Geo3.c.70.s.8,itbeing accordingtotheRegulationsoftheGovernorGeneralinCouncil; butifthepersondistrainedweretodoanyactofviolenceorto killaman,whilstendeavouringtomakethedistress,itwould thenbecomematerialtodecideuponitslegalityandhowfarhis propertywasliabletobeaffectedinthatmannerbytheRegula tion. 4.FeelingthegreatimportanceofthepointIhavethought it right to consult with Mr. Fergusson and Mr. Simpson the Companysstandingandjuniorcounseluponitandtheyareof opinion that the property of European subjects can not be distrained for this tax. This is my own opinion although very

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seriousandbadconsequencesmaypossiblyflowfromtheirnot

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beingsosubject.Itmayhoweverberemovedbythelegislature declaring that all European subjects of his Majesty, his heirs and successors shall, without being liable to arrest or imprisonmentbesubjectsofarasregardstheirhouses,lands andpersonalpropertysituatedorbeingintheprovinces,toall suchregulationsashavebeenorshallbemaderespectingthe customs,taxesandmattersofrevenueandtothejurisdictionof the provincial courts and magistrates in respect thereof. And fromthegreatdifficultytheremustalwaysbeinsettingforththe justificationinpleadingitisofimportance,thatinallactionto bebroughtagainsttheCompany,anyoftheirservants,orany personorpersonsactingbyorundertheirauthorityorunder the regulations or in any ministerial or judicial capacity, the defendant or defendants in such suit or action may plead the generalissueandgivethespecialmatterinevidenceforhisor theirdefence,andthatthesameifconformabletoorauthorised by the laws of England, the lawful usage and practice of the countrycourts,ortoorbytheregulationsinmatterssubjectto them respectively, shall be received in all courts as and for sufficientmatterofdefenceinallsuchactionandactions. Ihavethehonourtobe,Sir,&c 8thJanuary1812 EdwardStrettal AdvocateGeneral

. . .
II.6.GovernmenttoBoardofRevenueinconsequenceoftheopin ionoftheAdvocateGeneral 21.1.1812 OrderedthattheSecretarywritethefollowinglettertotheBoard ofRevenue; TheBoardofRevenue Gentlemen, IamdirectedbytheRightHonbletheGovernorGeneralin Counciltotransmittoyoutheenclosedextract(Paras1,2and 3) of a letter from the Advocate General and to acquaint you, thatonconsiderationofthelegaldifficultieswhicharestatedto existinenforcingpaymentofthehousetaxfromBritishsubjects residing beyond the local limits of the jurisdiction of the Supreme

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CourtofJudicature,hisLordshipinCouncilhasbeenpleasedto desirethatyouwillinstructtheCollectorofthe24Pergunnahs to suspend the collection of the house tax generally in the suburbsofCalcutta. 2. The Governor General in Council has it in contemplationtopassaregulationforabolishingRegulationXV, 1810. Ihave&c G.Dowdeswell FortWilliamSecretarytoGovernment the21stJanuary,1812 RevenueDepartment

. . .
II.7.BoardofRevenuetoGovernment 22.1.1812 TheRightHonbleGilbertLordMinto, GovernorGeneralinCouncil, FortWilliam MyLord, WehavethehonourtosubmittoyourLordshipinCouncil aletterjustreceivedfromtheCollectorofBhaugulpore. 2.AsithasnotappearedthattheEuropeanresidentswere inanyrespectsimplicatedinthecircumstanceswhichrendered thecontinuanceofthehousetaxnecessaryatthatstation,we apprehendtheoperationofthelateordersonthatsubjectwas notintendedtoextendtothem. RevenueBoard the22ndJanuary1812 Wehavethehonourtobe withrespect R.Rocke&c

. . .

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II.8.GovernmenttoBoardofRevenue 27.1.1812 OrderedthattheSecretarywritethefollowinglettertotheBoard ofRevenue: (Extract) 9.Underthecircumstancesreferredtoinyourletter,his LordshipinCouncildoesnotdeemnecessarythattheCollector ofBhaugulporeshouldenforcepaymentofthehousetaxfrom theEuropeansresidinginthatdistrict.

. . .
II.9.PassingofRegulationVII,1812,abrogatingRegulationXV 1810 9.5.1812 The GovernorGeneralinCouncil adverting to the letter from the Honble the Court of Directors in the Revenue Departmentofthe11thSeptemberlast,ispleasedtopassthe following Regulation which he directs to be printed in the manner prescribed in Regulation XLI, 1793 to stand as RegulationVII,1812. A.D.1812REGULATIONVII ARegulationforrescindingRegulationsXV,1810,andIV, 1811, passed by the GovernorGeneralinCouncil, on the 9th May1812,correspondingwiththe28thBysaak1219Bengalera; the 13th Bysaak 1219 Fussly;the 29th Bysaak 1219 Willaity; the 13th Bysaak 1869 Sumbut; and the 26th RubbiinSenni 1227Higeree. Whereas Regulations XV, 1810, and IV, 1811, contain provisionsforlevyingataxonhousesincertaincitiesandtowns in the provinces of Bengal, Bihar, Orissa, and Benares; and whereastheGovernorGeneralinCouncilisanxioustopromote theeaseandconvenienceoftheinhabitants generallyofthose citiesandtownsbyrelievingthemfromthepaymentoftheabove mentioned tax; the following rule has been passed, to be immediately in force in the provinces of Bengal, Bihar, Orissa andBenares. II. Regulation XV, 1810, and Regulation IV, 1811, are

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herebyrescinded.

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III CORRESPONDENCEWITHDIRECTING AUTHORITIESINENGLAND

III.1.RevenueLetterfromBengalintheDepartmentoftheCeded andConqueredProvinces 12.2.1811 (Extract) 39.Withthedispatch,fromtheJudicialDepartmentdated the24thNovemberlast,yourHonbleCourtwasfurnishedwith copiesofRegulationXV,1810,entitledaregulationforlevyinga tax on houses in certain cities and towns in the provinces of Bengal,Bihar,OrissaandBenares. 40.ItiswithmuchconcernthatweacquaintyourHonble Court, that the promulgation of that Regulation and the measurestakeninconsequencebytherevenueofficer,tocarry its provisions into effect, have excited great discontent and resistancetopublicauthorityinthecityofBenares. 41. We have the honour to transmit to you, a separate number in the packet, a copy of our correspondence on that subject,withthepublicofficers.Thesepapersarerecordedfor themostpartintheJudicialDepartment;butweprefernoticing them in this place on account of their immediate connection with an arrangement adopted solely with a view to the improvementofthepublicrevenue. 42.ThefirstcommunicationfromtheActingMagistrateon this subject is dated the 25th December last, in which he observesasfollows:Thepeopleareextremelyclamorous, they haveshutuptheirshops,abandoned theirusualoccupations, andassembledinmultitudeswithaviewtoextortfrommean immediatecompliancewiththeirdemands,andtoprevailwith me to direct the Collector to withdraw the assessors until I receive the orders of Government. The subsequent communicationsfromthe

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ActingMagistrateareofthesametenor.Itisnothowevertobe inferred,thatthepeopleproceededtoanyactsofopenviolence. Theirdesignappearstohavebeentoobligethelocalofficersin thefirstinstanceandultimatelytheGovernmenttoabandonthe tax, by a pertinacious adherence to the resolution they had formed of abstaining from labour and by the embarrassments whichwouldnaturallyariseamongaverylargepopulationfrom such conduct. It was evident however that while the people continuedcollectedtogetherinmultitudes,withmindsbenton effectingtheobjectforwhichtheyhadassembled,littlesecurity existed for the tranquility of the city. It was consequently indispensably necessary to adopt the earliest measures practicable for dispersing the mob, if possible by gentle and conciliatorymeans,butifnotbytheemploymentofthemilitary forceofthecountry. 43.WithrespecttotheRegulationitself(asobservedinour orders of the 5th ultimo to the Acting Magistrate) we did not discernanysubstantialreasons fortheabolitionofthetaxon housesinthecitiesandprincipaltownsestablishedbyRegula tion XV, 1810, and that with those sentiments we further thoughtthatitwouldbeextremelyunwisetosacrificetoriotand clamouratax,the abolitionofwhichwasnotdictatedbyany considerationsofgeneralpolicy. 44. On mature consideration however of the case, it appeared to us that the tax was susceptible of some modifications as calculated to obviate any just grounds of complaintonthepartofthoseclassesofthepeople,whofrom their situation in life, were most liable to be affected by its operation. We in consequence directed that the people at Benares should be relieved from a contribution to which they were already subject, on account of the pay of chokeydars (watchmen)andtherepairofthegateways,whichwasnotpaid bytheinhabitantsofothercities;thatnotonlyreligiousedifices, in the strict sense of that term, but all houses, occupied by religious mendicants, and persons belonging to the orders of devotionshouldbeexemptedfromthepaymentofthetax.And lastlythatthesameexemptionshouldextendtothehousesof themostindigentclassesofthepeople.Itisscarcelynecessary toaddthat,wehopedthatonthepromulgationoftheforegoing orders, the inhabitants of Benares would show themselves deservingoftheindulgenceproposedtobeextendedtothemby the relinquishment of their seditious designs and by a just submissiontopublicauthority.

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45.Aftertheforegoingreviewoftheoriginandprogressof theillegalcombinationatBenares,itiswiththehighestsatisfac tion that we draw the attention of your Honble Court to the letter from the Acting Magistrate dated the 28thJanuary last, fromwhichitappearsthatthepopulacehaddispersedandhad yielded an unqualified submission to the authority of Governmentanditsofficers.Thishappyeffectisascribedina considerabledegreetotheinfluenceoftheRajahofBenares,and ofsomeotherindividualsofwealthandcharacteratthatcity,on whomaswillappearmoreparticularlyfromtheorderspassedby us on that subject, we have accordingly conferred suitable marksofdistinctionandapprobation. 46.TheillegalcombinationformedatBenaresbeingthus terminated, the trial of the delinquents will proceed in the ordinarycourse,andthemodificationsofthetaxwhichitmay be proper to adopt, will be discussed through the proper and regular channel of the Board of Commissioners and Board of Revenue.Butwecannotcloseourreportonthissubject,without noticingtheextremecircumspectionnecessarytobeobservedin establishing new taxes among the people, whose civil and domestic usages are so closely interwoven with their religious rites,andwhoaresoparticularlysensibletoanyinnovationor departurefromestablishedcustom. 47.Withthissentimentwewerestronglyimpressed,when we proceeded to the consideration of the best means of improving the public resources in consequence of some late instructionsfromyourHonbleCourt.Totaxwithoutexcitingin some degree complaint or discontent can seldom be the lot of any government, but a tax on houses appeared to us as little liabletocreateanyparticularorwellfoundeddissatisfactionas any impost which could be devised, 1st, because it had long beenestablishedinthecityofCalcuttaand2ndly,becausethis particularspeciesoftaxwasbynomeansunknownunderthe latenativeGovernment. 48.Itisscarcelycrediblethattheamountofthetaxshould have been considered a serious burden by any description of people,exceptingperhapsthemostindigent,someofthereligi ous orders, and individuals who with very scanty means had comefromreligiousmotives,topasstheremnantoftheirdaysat thecityofBenares. 49. Still however we perceive a dangerous and almost universalcombinationformedagainstthetax,andconsequently

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against the authority of Government; the influence of the Brahmins,Faqueersandotheremployedtoexcitethepeopleto resistance;theauthorityofthelocalofficersopenlycontemned; and no means left toGovernment, but the employment of the military force of the country to enforce its orders and regulations. 50. The timely submission of the people has happily rendereditunnecessaryactuallytoresorttothelastmentioned measure; but when we reflect on the spirit which appears to haveactuatedthepeopleandtotheveryseriousconsequences whichmighthavearisenhadthetroopsbeenactuallyemployed onthisoccasion,weareirresistiblyledtotheconclusion,that no branch of the administration requires more prudence and circumspection,andaboveall,amoreaccurateknowledgeofthe realtemperandcharacterofthepeopleofthiscountrythanthe impositionofnewtaxes.Itisscarcelynecessarytoaddthatwe shalluniformlykeeptheseprinciplesinviewindecidingonany arrangementsofthisnature,whichmayinfuturefallunderour consideration, and we cannot suppress the expression of our hopes that they may be equally attended to by succeeding governments,oranyotherauthorityonwhomthedelicateduty ofimposingnewtaxesmaydevolve.

. . .
III.2.JudicialLetterfromBengal 29.10.1811 (Extract) 62. We are concerned to inform your Honble Court that somedisturbanceshaveoccurredatBhaugulpore,originatingin the resistance of the people to the collection of the house tax establishedbyRegulationXV,1810. 63. The assessmenthaving beenconducted the Collector wasdirectedbytheBoardofRevenuetoproceedtothecollection ofthetaxaccordingly. 64. Some indication of resistance to the authority of the Collectorintheperformanceofthatdutyhavingbeenmanifested bythecommunity,theJudgeandMagistratemostinjudiciously directedtheCollectortosuspendthecollectionofthetax,chiefly ontheground,asweunderstoodtheorder,thatthecollectionof it had not been commenced at the cities of Patna and

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Moorshedabad.

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65.TheMagistratehavingbeendirectedtowithdrawthat order,andtheCollectorhavingagainproceededtothedischarge ofthedutyreposedinhimwithrespecttothecollectionofthe tax, he was assaulted and wounded by the populace. It appearingtousonreceiptofthatintelligencethattheoutrage thus offered to the Collector and in his person to the Government, was to be traced to the injudicious order above noticed;weforthatandtheotherconsiderationsnoticedinour proceedings, deemed it necessary to suspend the Judge and Magistratefromthedischargeofhispublicduties,andtodepute anofficerofgreaterfirmnessandactivitytotakechargeofthat appointment.Inthemeantimehoweverwereceivedinformation as will appear from the letters, transmitted to you a separate number in the packet, that the authority of Government had beenfullyreestablishedinBhaugulpore,andthatthecollection of the house tax had been effectually enforced. Under that change of circumstances, we deemed it sufficientto directthe Register to take charge temporarily of the office of the Magistrate. It only remaining at present for us to pass final ordersontheconductoftheMagistrate,whichweshallconsider with the indulgence which we should always be disposed to extend to mere errors of judgement or even want of firmness, whennotoriginatinginanyimpropermotive.

. . .
III.3RevenueLetterfromBengal 14.12.1811 (Extract) 101. On the same date we took into consideration the expediency of abolishing the tax on houses established by RegulationXV,1810,yourHonbleCourtwasfullyinformedin our Despatch from the Revenue Department (Revenue Consultations17thSeptember1811)ofthe12thFebruarylast,of thedisturbanceswhichhadoccurredonaccountofthetaxin thecityofBenares.Sincethatperiod,theBoardofRevenuehad submittedastatementshowingtheamountoftheassessmentin thosetowns,wheretheassessmenthadbeencompleted.From thatstatementitappearedquiteclear,thatthetaxcouldnotbe anobjecttoGovernmentexceptatthecityandthesuburbsof Calcutta. Indeed the whole produce of the tax was only estimatedatabout

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Rs.3,00,000andsubsequentlyexperiencehasnotshownthatits produce was materially underrated. Considered therefore as a sourceofrevenue,thepecuniaryadvantagesarisingfromitto Government was trivial compared with the general dissatisfaction which it has occasioned, the actual opposition which it had excited at Benares and Bhaugulpore, and the apprehensionsthatthesamedispositionmightmanifestitselfin similar excesses at other stations. Arguments indeed were not wantingforthecontinuanceofthetax,foundedonthenecessity of supporting the authority of Government and repressing the spiritofresistancewhichhadbeenmanifestedtotheexerciseof its legitimatepowers.The inhabitants of Benares howeverhad long ago yielded an unconditional submission to public authority: and exclusively of that consideration it will be observed,thatweneitherintendedtoproceedtotheimmediate abolitionofthetax,nortoextendthebenefitsofthatmeasureto anyplacesatwhich(tousethetermsofourinstructionstothe BoardofRevenue)commotionsoriginatinginaresistancetothe operationofthetaxmightexistattheperiodof the receiptof thoseorders. 102. The house tax being established within the city of Calcutta, we did not discern any substantial reasons for exemptingthesuburbsofthecityfromitsoperation.Theformer isseparatefromthelatterinsomepartsonlybyastreetandin othersonlybyanimaginaryline.

. . .
III.4.RevenueLetterfromBengal 30.10.1812 (Extract) 111. Theproceedingsoftheannexeddatecontainareport from the Board of Revenue respecting the receipts and disbursementsonaccountofthehousetaxbeyondthelimitsof thetownofCalcutta,whichtaxforthereasonsstatedinthe101 and 102 paragraphs (9th May 1812 Paras 405 n 114) of our DespatchfromtheRevenueDepartmentofthe14thDecember lastwehaddirectedtobeabolished.Thecollectionsarestatedat Rs.5,308.5. The disbursements at Rs.16,040.6, leaving a net chargetoGovernmentofRs.10,732.1.10.1

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112. We have ordered some arrears to be written off as irrecoverableforthe particularsofwhichwebegleavetorefer you to the proceedings of the dates specified in the margin. (RevenueConsultationsdated28th March1812,4th April1812, 9thMay1812,15thJune1812,29thAugust1812)

. . .
III.5.SecretRevenueDespatchtoBengal 16.9.1812 OurGovernorGeneralinCouncilatFortWilliaminBengal 1.Wehavetakenintoourconsiderationthetaxonhouses in certain cities and towns in the provinces of Bengal, Behar, OrissaandBenares(DisturbancesinBenaresoccasionedbythe introductionofthehousetaxintothatcity.RegulationXV1810) leviedby youinvirtue ofaRegulation passed on 6thOctober 1810, together with the whole of your communication on the subjecttothe11thFebruary1811. 2.ThistaxappearstohaveoriginatedwiththeCommittee ofFinance(LetterCommitteeofFinance27.10.1810inRevenue Consultations of 1st April 1809) who stated that among the various modes of taxation which had been under their considerationtheonlynewimpostwhichappearedpropertobe recommended to the attention of Government was a tax upon houses, that it was not unknown to the natives, a tax of the same description having been levied at different times and in diverseplacesundervariousnames,thatitwasnotnecessarily obnoxioustotheprejudicesofthenativesandthatrulesforits collection similar to those established for realising the assessment, of the town of Calcutta were not likely to give offenceorbeattendedwithpeculiarhardship. 3.TheCommitteeestimatedthatthetaxonpropertylevied inBenares,Patna,Moorshedabad,Dacca,Mirzapoor,Burdwan, GyaandotherlargetownsinBengal,BeharandBenaresaswell asthesuburbsofCalcuttamightbeexpectedtoproduceasum exceedingthreelacsofrupeesandtheystatedtheiropinionthat atafutureperiodthetaxmightbeextended

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toFurruckabad,Agra,Allahabad andothercitiesoftheUpper Provincesthoughforthereasonsassignedintheirlettertheydid notadviseitsimmediateextensiontothoseplaces. 4. The promulgation of this tax appears to have excited considerable agitation and we find that it soon assumed an alarming aspect. People of all descriptions assembled in vast multitudesconsistingoftheinhabitantsnotonlyofthetownbut ofneighbouringcountry.Alltheshopswereshutandbusiness wasformanydayssomuchatastandthatnothingexceptgrain was procurable in the city. Numbers intimated a design of proceedingtoCalcutta.TheendeavoursoftheActingMagistrate toallaytheirritationandpersuadethepeopletoreturntotheir ordinary pursuits and wait the determination of Government provingineffectualandthepublictranquilitybeingendangered, the Acting Magistrate deemed it necessary to call on General Macdonald, the officer commanding the district to prepare for anyprobableemergency. 5. We deem it most fortunate that the people though clamorous and pertinacious did not proceed to any acts of outrage or open violence and that military coercion was not resorted to, to disperse the assemblage; for we agree with the opinionexpressedbyMajorGeneralMacdonaldthatifanyblood of Brahmins or of religious orders had been spilt, the consequencesmighthavebeenmostserious. 6. On the modifications which you found it necessary to makeitisunnecessaryforusnowtoenterinasmuchaswe findfromadvicesrecentlyreceivedthatyouhaddeterminedto abolishthetaxinquestionnotonlyatBenaresbutalsointhe othercitiesandtownsinwhichithadbeenestablished. 7. From the manner in which the Committee of Finance havestatedthattheirobservationofthehousetaxinCalcutta hadsuggestedtheirrecommendationfortheestablishmentofa taxuponthehousesofallthecitiesandgreattownsinBengal, Behar,OrissaandBenaresandatsomefuturetimeintheUpper Provincesandfromyourreasoningsinconsequenceitmightbe inferred that the tax in Calcutta had never occasioned any dissatisfactionamongthenatives. 8.Butonreferencetotherecordsof1789,wefindonthe contrary that a great dissatisfaction existed among the native inhabitants of Calcutta on account of this tax and that they petitioned Government on the subject. This petition not being enteredontherecords,asitoughttohavebeen,wedonotknow

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theallegationsitcontained.Butweperceivebyaletterfromthe clerkoftheCommissionerstotheGovernmentthatanumberof thenativeinhabitantsofCalcuttahavingassembledattheCom missioners house several of them were called in on which occasion they observed that they object to paying any tax whatever. (Dated 22.4.1789 General Consultations 24.4.1789) The enforcement ofthe taxwe understand, lefta considerable degreeofdiscontentamongthenativesandthatmanyofthem inconsequencefixedtheirhabitationswithoutthelimitsofthe towninthoseplacesyoucallthesuburbsofCalcuttawhichyou havesubjectedtothenewtaxof1810. 9.NeithertheCommitteenoryourselveshaveadvertedto twomaterialdistinctionsbetweentheoldandthenewtax. 1st thatthetaxonCalcuttaisleviednotfortheincreaseofthereve nuesofGovernmentbutsolelyforamunicipalpurpose.Thatthe sumraisedbyitisdisburseduponthetownandtheinhabitants deriveabenefitintheimprovement,ofthestreetsandgeneral healthiness of the place. As an endeavour to conciliate the natives to that tax the Government ordered the monthly accountsoftheCommissionerstobepublishedtherebynotonly showingthepeoplethatthemoneywaswhollyexpendedonthe purposesforwhichitwasraisedbutalsogivingthemthemeans of knowing that it was faithfully and judiciously expended, a pointinwhichitisprobablesomequestionhad beenstarted. 2nd that Calcutta is a town governed by British laws and in many respectsdiffering fromany other place inBengalor the contiguousprovinces.ItistheseatofourchiefGovernment;the inhabitants of the greatest authority and consequence are Europeans:mostoftheprincipalhousesbelongtoorarerented byEuropeans,allthenativesofconsiderationandpropertyare eitherimmediatelyorrelativelyconnectedwithourGovernment orwithEuropeansoraredescendedfrompersonswhoatnovery distantperiodhavebeensoconnected.Withtheexceptionofthe persons of the above descriptions the natives of consequence andpropertyarefromphysicalandmoralconsiderationaverse to reside in Calcutta. That under European example and influenceataxliketheoneinquestionwascertainlymorelikely tobesubmittedto,inCalcutta,thaninanyotherplace. 10.TheMoothurfa(orprofessionallicence)oneofthesayer collectionswhichwereabolishedbyEarlCornwallisGovernment weconceivecanneverhavebeenmistakenforahousetaxand

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inregardtothetaxtermedKhanashumaree(i.e.enumerationof houses)towhichboththeCommitteeofFinanceandyourselves refer to show that the natives in that part of India have been accustomed to a tax upon houses, we do not know any trace upon our records. Nor have our enquiries been attended with anydistinctinformationonthesubject.Theremayhaveexisted sometriflingorpartialtaxofthisnatureforsomeparticularpur posebutthattherewasageneralonewhichmightbeconsidered as a precedent for the house tax you levied we cannot admit withoutmoreparticularinformation. 11.Wedeemitextremelyunwisetodoanythingwhichby creatingirritationanddisgustinthemindsofalargepartofthe nativesmayweakentheirconfidenceinourjusticeandwithout dilatingonthistopicwemustobservethatyourownreflections asexpressedinyourletterofthe11thFebruary1811aremost judicious.Yousayyoucannotcloseyourreportonthesubject withoutnoticingtheextremecircumspectionnecessarytobeob servedinestablishingnewtaxesamongapeoplewhoseciviland domestic usages are so closely interwoven with religious rites andwhoaresoparticularlysensibletoanyinnovationordepar turefromestablishedcustomandyoujustlyobserveinanother passage that no branch of the administration requires more prudence and circumspection and above all a more accurate knowledge of the temper and character of the people of India thantheimpositionofnewtaxes. 12.ThereisataxnowinexistenceintheDeccanandthe Carnaticwhichthoughitmayhavesomeaffinitywiththatwhich youhaveestablishedisalsomateriallydifferentfromit.Thetax towhichwealludeisnotregulatedbytherent,fortheirhouses andshopsarehardlyeverrented.Itisinsomecasescalledthe groundrentofthehouse,inotherstheequivalentofacertain numberofdayslabour;infactitisofthenatureofanincome tax. 13. Our sentiments on the subject of a house tax at Madraswerecommunicatedinparagraphs6366ofourletterof 23rdJuly1806,copyofwhichwastransmittedtoyouaccording totheusualcourseofcorrespondence. 14. We must observe however there is this striking differenceinthecaseviz.thattheGovernmentofFortSt.George conceiving the town duties to be vexatious had proposed to abolishthemandsubstituteahousetaxinplaceofthem.But youinthemonthofApril1810imposeaheavystringoftown

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duties on the most necessary articles of life and within six monthsalsolay

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onahousetax.Wedesireyourparticularattentionmaybegiven toouropinionsascommunicatedtotheGovernmentofFortSt. George in our beforementioned letter. This letter we presume could neverhavebeenseenbytheCommitteeofFinance who suggestedthetaxorbytheBoardofRevenuewhoinobedience toyourdirectionsframedtheRegulation.Andweareconcerned toobservethattheinstructionsitcontainedthattheprojectof thehousetaxshouldnotbecarriedintoexecutionwithoutour expresssanctionmusthaveescapedyourrecollectionwhenyou resolved upon adopting and enforcing the tax in question. To theseobservationswehavetoaddthattheintroductionofanew taxshouldalwaysbeprecededbyacarefulinvestigationwhether or notitwas levied under the former governments,whether it was abolished and for what cause or whether it fell gradually intodisuseandhowlongithasbeendiscontinued:forweholdit tobeaprinciplehighlyimportanttobekeptinviewthatwhen thestateofthepublicresourcescallsforanincreaseofrevenue inIndiathatitisdecidedlypreferabletoseekthatincreasein therenewalofoldthanintheestablishmentofnewtaxes. 15.Therearetwopointsconnectedwiththedetailsofthe measures now under consideration which we shall here particularly notice to you and this we do for the purpose of engagingyourfuturecircumspectioninanycaseswhichmaybe analogous. The one is the levying of 10 per cent upon shops insteadof5thegeneralrateuponhouses.Thisappearstobe oppressiveandvexatious;supposingeventhatthegeneralrate oftaxwerejudicious,becauseifthebusinessoftheshopwere considerable, Government would obtain at 5 per cent its fair ratioofadvantagebytheincreasedvalueofthepremisesandif thebusinessweretriflingthewholeprofitonthewareswhich mightbevendedmightnotequaltheincreasedrateofthetax. TheotherpointisourobservingintheletterfromtheCollector of Benares dated 26th November 1810 that he expressed his hopethatifafaithfulaccountofrentsreceivedandpaidwere furnisheditwouldnotbenecessaryforhisofficerstomakeany entry in order to ascertain the rate of taxes to be levied by personalsurveyingofthepremises. 16.Wemustsignifyourexpectationthatthenecessityhere contemplatedaspossiblemaynotoccurbecausebesidestheun popularity occasioned by the visits of the revenue officers in private houses the peculiar delicacy of approaching to the se cluded part of the Indian dwellings must ever be carefully remembered.

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17.Itremainsforusnowtoexpressoursatisfactioninthe judicious,temperate,cautiousandfirmconductofourservants atBenares,viz: Mr Bird the Acting Magistrate whom we mention firstas havingtakenthemostconspicuouspart, Major General Macdonald with whose prudence and judgementweareparticularlygratified, MrBrooke,thechiefjudgeofcircuit, MrGlyn,AssistanttoMr.Bird, MrSalmon,theCollector. 18.Wehavealsotoexpressourapprobationoftheconduct of the Raja and of the other natives of consequence and influence mentioned to you and are glad to perceive you have distinguishedtheirmeritoriousservicesbymarksofyourfavour. 19.Wethinkitnecessaryuponanoccasiononwhichwe have to recommend so particular an attention to the opinions andeventotheprejudicesofthenativestodesirethatyouwill at the same time take every proper opportunity to assert the principlelaiddownbyLordCornwallisinhisinstructionstothe BoardofRevenue,11thJune1790,namelythattheimposition andcollectionofinternaldutieshasfromtimeimmemorialbeen admittedtobetheexclusiveprivilegeofGovernment,aprinciple which he fully established and expressly reserved as a right upon the promulgation of the permanent settlement and the abolitionofthesayerdutieswhenheemphaticallyannouncedin section8clause8ofRegulationIintheyear1793thatafull compensationhavingbeengrantedtotheproprietorsoflandfor the loss of revenue sustained by them in consequence of the abolitionofthem(thesayerduties)hedeclaredthatifheshould hereafterthinkitpropertoestablishthesayercollectionsorany other internal duties and to appoint officers on the part of Government to collect them no proprietor of land would be admittedtoanyparticipationthereoforbeentitledtomakeany claimforremissionsofassessmentonthataccount. 20.InourRevenueletterof20thMay1799weobservedas follows: Wearenaturallyledbytheconsiderationofthissubjectto reflect on the propriety of directing you to turn your thoughtstothepresentstateoftheCompanysresources andexpensesinIndiaparticularlythoseunderyourmore

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immediatesuperintendence.ThatgrandsourceofRevenue in Bengal namely the land is unalterably placed at a certainamountnottobeincreasedinconsequenceofany permanentaugmentationofestablishmentshownecessary soeverorofanyothercontingency.Sincethecompletionof this important arrangement so highly beneficial to the proprietors of landed property the adoption of certain military arrangements has considerably increased the amount of the permanent charges and various circumstances rendering an augmentation of the native troopsandtheintroductionofseveraladditionalregiments of his Majestys, necessary to the preservation of our dominions haveswelledourmilitarydisbursementstoan enormous amount; the means of defraying the additional expenseswithout addingtothe Companys debts deserve yourattention.Fromthebeforementionedarrangementfor fixing the tribute from the land and from the several judicial institutions which followed for the security of privaterightsandpropertyandindividualprotectionwhich latterwereeffectedatanexpensetotheCompanyofup wards of 34 lacs of rupees per annum, we have every reasontobelievethattheinhabitantsofourprovincesare in general experiencing, an unexampled and increasing degreeofprosperityandhappiness.Whensuchblessings to a country are derived from the wise and salutary measuresadoptedbytheprotectingpoweritisnaturalto expect that those in the enjoyment of them should contribute to its preservation on which their own is so intimatelyinvolved.Theincreaseofwealth,commerceand population evidently flowing from the above arrangement must naturally suggest to you who are on the spot, the modesinwhichthepublicmightbebroughttocontribute towards the exigencies of the state. The customs, the stamp duties and the tax on spirituous liquors we understandmayadmitofconsiderableimprovementeither inthemodeofcollectionorbythevariationoftherates, and other resources of revenue may probably be devised without injury to the state, oppression to the people or violations of the principles on which the permanent settlementofthelandswasmade.Wethereforerecommend thisveryimportantsubjecttoyourmostseriousattention. 21.Theextentofthesacrificesofrevenueandtheheavy charges which were incurred upon the introduction of the

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permanent settlement of the land revenue and the judicial system,

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the accumulating expenses attending those arrangements and the long continuance of internal peace and prosperity in the provincesofBengalandBehararisinginageneralmeasureout oftheburdensomewarsinwhichwehavebeeninvolvedinother parts of India will warrant us fully in calling upon our native subjects to contribute to the relief of the state, now heavily expressedbyagreatloadofdebt,incurredbythosewars,and whichwehadonlycontemplatedasacontingencytobeprovided againstinourletterofMay1799.Thestampdutyestablishedby you appears to be a measure well calculated to improve our revenues,andwehavethereforereadwithgreatsatisfactionin your Revenue Consultations of the 9th October 1806 that whateverhasbeenreceivedunderthisheadintheConquered Provinces (where the Regulation requiring the issue of stamp paper had not then been promulgated) is you suppose to be ascribedtoindividualsentertaininganopinionthatthestamped papergivesgreatvaliditytodocumentsoftheabovekindthanif theywerewrittenuponplainpaper. 22.WiththisopinionofyourBoardofRevenuebeforeus, andwithoutanyobservationsfromyouuponthesubjectweare unabletoconjecturewhatwerethereasonswhichinducedyou toexceptfromthestampdutiesthereceiptsuponallpayments toorfromGovernmenttherebyrestrainingitsoperationwhereit might have been made considerably productive. If this should have proceeded from an opinion that it was advisable to introduce the measure gradually we have only to express our hopethatyoumaysoonconsideryourselvesatlibertytoremove therestrictionwehavealludedto,andthatwhenyoushallhave done so, you will make it the means, rather in the shape of regulation than of tax, of procuring for the ryots and undertenants the security of pottahs, which though required under the regulations that were established at the time the permanentsettlementwaspromulgated,havenotweapprehend beengenerallyconveyedtothem. 23.Asatnodistantperioditmaybefoundnecessaryto lookatsomeothersourceforaugmentingthepublicrevenue,we recommendthatyourattentionmaybeparticularlydirectedto the best mode for introducing a duty upon Betel Tobacco to operatethroughouttheprovincesunderyourpresidency,andto becalculateduponaprincipleasmoderateasmaybedeemed consistentwiththeobjectofitsimpositionandatalleventsnot tobearheavilyontheconsumer.Thesearticlesmayproperlybe classedunderthedenominationofintoxicatingdrugs.Theyare

247

ofsuchgeneralconsumptionthatlikesalttheymaybe

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considered to be necessaries of life, and therefore it may be supposedthatunderproperregulations theymightintimebe broughttoyieldaconsiderablerevenue. 24.Therealisationofanincreasedrevenuefromtheabove mentionedarticles,eitherbyamonopolyortheimpositionofa duty,isasubjecttowhichweparticularlycalledtheattentionof thepresidencyofFortSt.GeorgeinourRevenueDespatchesto thatGovernmentofthe28thAugust1804and23rdJuly1806. WehavealsomorerecentlyconveyedtotheMadrasGovernment inaletterinthesamedepartmentofdatethe24thApril1811 oursentimentsonthissubjectontheoccasionoftakingintoour considerationtheirproceedingssincetheyear1806withrefer encetotheobjectinquestion.Wearedesirousthatyoushould apply to the Government of Fort St. George for a copy of the correspondence here referred to as well as for a copy of their proceedings connected therewith, as they may prove useful to you, more particularly the reports of the Collectors on any measureswhichyoumaydeemitexpedienttoadoptforadding tothepublicresourcesbyanextendedsystemoftaxationwith respect to betel and tobacco. We are perfectly aware that difficulties may exist under your presidency, as well as in the territories on the coast as to the general application of any uniform measure with a view to that object throughout the possessionssubjecttoyourimmediateauthority.Amodification ofprincipleandinsomecasesacompletedifferenceofsystem maybenecessaryinordertoadaptandaccommodateitselfto local circumstances and peculiarities from a due attention to which we might hope that in the course of time you may be enabledtoexemptfromthetowndutiesnotonlyrice,wheatand barleyuponwhicharticleyouhaveveryproperlyabstainedfrom enforcingthatdutybutthatintheeventoftheproposeddutyon betelandtobaccobeinggenerallyestablishedyoumaybeableto exemptthosearticlesalsofromtheoperationofthetownduties. London, the16thSeptember1812 Weare Youraffectionatefriends, HughInglis[andothers]

. . .
III.5(15)CorrespondencebetweenCourtofDirectorsoftheEast IndiaCompanyandBoardofCommissionersfortheAffairsof IndiaregardingtheSecretRevenueDespatchtoBengaldated 16.9.1812pertainingtotheHouseTax.

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III.5(1)BoardtoCourt IndiaOffice, Whitehall, 15thJune1812 (Extract) IamdirectedbytheCommissionersfortheAffairsofIndia to return the Bengal Secret Revenue draft, No.218 with alterationsandadditions. ManyofthealterationswhichtheBoardhavemadetherein areverbal:butthereareseveralwhichrequiresomeexplanatory observations.Thefirstoftheseisintheomissionofparagraphs 18to20andpartof21:andthe substitutions of fourothers, whichleaveoutaltogethertheinstructionscontainedinthe18th cancelled paragraph of the Court, directing the Bengal Governmenttoconsiderwhetherthewholeorapartofthesayer duties might not be restored. These duties, though abolished previouslytothepermanentsettlementofthelands,havebeen since reestablished on modified principles. The Board here particularlyreferstotheGovernmentcustomsinland,thetown duties and the abkarry revenue, as at present existing, which they consider to constitute material branches of the old sayer collections.

. . .
III.5(2)BoardtoCourt Whitehall, 14thAugust1812 Sir, IamdirectedbytheCommissionersfortheAffairsofIndia to request you will return to me Draft No.218 which was forwardedtoyoufromthisofficeonthe15thJunelasttogether withtheletterthataccompaniedthesame,itbeingthewishof theBoardtomakesomealterationstherein. Ihavethehonourtobe&c JohnBruce To: W.RamseyEsq.

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III.5(3)LetterfromMr.Ramsey Mr.RamseypresentshiscomplimentstoMr.Bruceand,in consequenceofhisletterofthe14thinstant,returnshimDraft No.218.

. . .
III.5(4)BoardtoCourt Whitehall, 20thAugust1812 Sir, IamdirectedbytheCommissionersfortheAffairsofIndia toacknowledgethereceiptofthereturnedDraftNo.218ofthe last season, and to remind you that the letter which accompanieditonthe15thofJunelasthasnotbeenreturned. Iam,Sir&c WilliamRamseyEsq.ThosPerCourtenay

. . .
III.5(5).CommissionersfortheAffairsofIndiatotheEastIndia CompanyregardingchangesinthedraftoftheSecretRevenue DespatchtoBengalof16.9.1812. IndiaOffice Whitehall, 9thSeptember1812 Sir, IamdirectedbytheCommissionersfortheAffairsofIndia to return you the Bengal Secret Revenue Draft No.218, with alterations and additions, as finally approved by the Board, several of which are verbal only; but there are others, which requiresomeexplanatoryobservations. Thefirstmaterialalterationistheomissionofparagraphs 46, the latter part of para 7, paras 810, paras 1224. The Boardhaveomittedtheparasinquestion,inconsequenceofthe information contained in the Bengal Revenue Despatch of the 14thDecemberlast,andwhichhasreachedEnglandsincethe Draftwasprepared,andhasnoticedtheintentionofthe

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SupremeGovernmenttoabolishaltogetherthehousetax,except inthecityandsuburbsofCalcutta.Thishas,intheopinionof the Board superseded the necessity of entering so much into detailwithrespecttotheproceedingswhichoccurredatBenares ontheestablishmentofthetaxinthatcity,asmightotherwise have been requisite, and it also renders several of the paras, herereferredto,nowinapplicablewrittenastheywereunderthe impressionthattheimpostwasstilllevied. The Board have also omitted the latter part of the paragraph 16, as being rendered unnecessary by the passage immediatelyprecedingthatcancelled;inlieuofwhichtheyhave substitutedapassage,whichislittlemorethanatransposition ofwhathasbeenexpungedinpara19and20ontheimportance ofdulyattendingtothehabitsandprejudicesofthenativesin theintroductionofnewtaxes. The addition to paragraph 17, referring to the Courts sentiments, assignified to theGovernmentofFort St.George, withrespecttoahousetax,withintheterritoriessubjecttoits authority, is also in great measure a transposition of the first partoftheparagraph21,whichhasbeenexpunged. The Boards reason for having omitted the part of paragraph 18, directing the Bengal Government to consider whether the whole or apart of the sayer duties mightnot be restoredis,thattheseduties,thoughabolishedpreviouslytothe permanent settlement of the lands, have since, in some instances,beenreestablishedonmodifiedprinciples.TheBoard particularlyrefertotheGovernmentCustomsInland,theTown Duties, and the Abkarry Revenue. The remaining part of the paragraphinquestion,relativetotheimpositionofnewtaxes, hasbeeninsertedattheendofparagraph21. IthasfurtherbeenthoughtproperbytheBoardtocancel the28thparagraph,soastoleaveittothefreediscretionofthe Government abroad, to restore or not the Phatuckbundee, as theymayseefit. The heavy expenditure attendant upon the system of internal administration under the Bengal presidency which inducedtheCourtofDirectorstopreparetheparagraphthathas beenexpungedrespectingthesayerdutieshasledtheBoardat theendofthedrafttocalltheattentionoftheGovernorGeneral inCounciltothepolicyofrealisinganadditionalrevenuebyan extension of thestampregulations inthe manner proposedin thoseparagraphs,andbytheadoptionofanextendedsystemof

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taxationwithrespecttobetelandtobacco.Thesearearticlesof luxury and of general consumption, and a small duty upon them,operatingthroughouttheprovinces,might,underproper regulations,begraduallyimprovedintoaveryproductivesource of revenue. The Board express themselves with the more confidence upon this subject in consequence of the opinion recentlyconveyedbytheGovernmentofFortSt.Georgeintheir RevenueLetterofthe29thFebruary1812,wherein,advertingto the contingency of remissions becoming necessary under the systemofvillageleases,theyobservethatwhatevermaybethe amountofthoseoccasionalremissions,thereinstitutionofthe licencesforthesaleofbetelandtobaccowhich,astheystate, was in the opinion of Col. Munro relinquished without any adequatereasons,wouldcertainlyproducearevenuemorethan sufficienttocovertheseeventualremissions;andtheyaddthat theyhadinviewtheimmediatereestablishmentofthem. Ihavethehonourtobe,Sir, Yourobedient,humbleservant, ToThos.Per.Courtenay W.RamseyEsq.

. . .
III.6. Two of the original paragraphs of the Court of Directors expungedbytheBoardofCommissionersinSecretRevenueDraft No.218.(Originaldraftendswithparagraph28whichsuggests restoration of Phatuckbundee as existing previously. Original draftisdated23May1812.Editor) 23.5.1812 Havingmostattentivelyandseriouslydeliberateduponthe wholeofthesubjectasyoumustbeconvincedfromthepresent discussionweshouldhavefeltinclinedtodirecttheabolitionof thehousetax.Butfromanapprehensionweentertainthatthis measure might be mistakenly considered as originating in a dispositionon thepartof yourGovernmenttoyieldtothe in fluence of popular clamour, and that of thus exciting in the mindsofthenativesanexpectationofstillfurtherconcessions, wemightatlengthbecalledupontorelinquishentirelythevery principleoftaxation,bywhichwelookedforanaugmentationof ourresourcesbytheinstitutionofdutiesuponsucharticlesas might

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fromtimetotimebethoughttoaffordafairprospectofrevenue, withouttheirbeingfeltasoppressivebythenativeinhabitants. We are willing therefore to hope that under the modifications whichyouhaditincontemplationtoadopt,calculatedinyour opinion to obviate any just ground of complaint against the housetax,thesamehas,sincethedateofyourletterofthe12th February 1811, been quietly collected: but if not withstanding these modifications, the house tax shall have continued to be obnoxious to the feelings and prejudices of the natives and productiveoffurtherdissatisfactionandclamour,wethinkyou ought to adopt the most speedy measures for its repeal, and which you think it will be possible for you to carry into execution,withoutcompromisingintooconspicuousamanner theauthorityofGovernment. This consideration has alone restrained us from giving morepositiveordersuponthissubject,sincewethinkthatthis isoneofthosecaseswherethegeneralopinionoftheauthorities at home being known, the execution of that opinion must be committed to the hands and to the discretion of the local administrationofIndia.

. . .
III.7.RevenueletterfromBengal:SecretRevenue 28.2.1815 (Extract) 4. IntheabovementionedDespatch,yourHonbleCourt appears to have had two distinct objects; first, to record your sentimentsonthetaxonhouseswhichhadbeenestablishedin the year 1810, but which has been since abolished; and secondly,tostatesuchsuggestionsashadoccurredtoyoufor theimprovementofthepublicresources. 5. Withregardtotheformerpoint, itcannot beinany respectnecessaryforustodefendameasureofthepreceding Government: still however the observations of your Honble Courtsuggestsomereflectionswhichwewouldwishtoofferfor yourconsideration. 6. Ataxonhousesiscertainlynothinglessthannovelin thegeneralhistoryoftaxation.Inthiscountryitdidnotviolate any acknowledged right of the natives, or offend any of their religiousorcivilusages.Somedissatisfactionwillalwaysbe

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experiencedfromtheoperationofnewtaxes;butitisimpossible, judgingapriori,toforeseeinwhatmodesuchdissatisfactionwill manifestitself,ortowhatextentitmaybecarried.Considering thequestioninthispointofview,theconsequences,whicharose fromthetaxonhouses,weresuchasinourapprehensionno human prudence could foresee, and such as may be again experiencedfromanymeasures,thetendencyofwhichistocon vert part of the private wealth of individuals into a public resource for the state. But your Honble Court are both too enlightened and too equitable to judge of any arrangement of that nature merely from the event. We do not mean by these remarks,toquestiontheproprietyoftheabrogationofthetaxin question.Onthecontrarywethinkthatitwaswiselyrepealed, notbecauseitinfringedanyestablishedprincipleoftaxationor violatedanyofthoselocalusages,towhichitissoessentialto attendtointhiscountry;butbecausetheproduceofitwasnot actually worth contending for through so much heat and irri tation:IthadonlybeenestimatedbytheCommitteeofFinance at Rs.3,00,000 per annum and there were grounds to believe, thatthenetrevenuewouldhaveevenfallenshortofthatsum.

. . .

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SOURCESOFDOCUMENTS
IndiaOfficeRecords 1. Boards Collections, F/4/323, Collection No. 7407 DocumentsI.A.1.toI.A.19andIII.1and2. 2. Bengal Criminal Judicial Consultations Range 130 vol. 27 No.2of11January1811andNo.17of18January1811: DocumentsI.B.1and2,I.C.1and2. 3. Bengal Criminal Judicial Consultations Range 130 vol 29 No. 39 of 22 February 1811, No.63 of 6 March 1811 and No.3of6March1811:DocumentsI.A.20toI.A.24,andI.D.1 toI.D.2. 4. Bengal Criminal Judicial Consultations Range 130 vol 39 No.3 of 15 October 1811 and No. 39 of 29 October 1811: DocumentsI.E.3,I.E.5toI.E.12,andI.E.15and16. 5. Bengal Criminal Judicial Consultations Range 130 vol 40 No.3of12November1811andNo.13of19November1811: DocumentsI.E.13and14,I.E.17toI.E.21(a). 6. Bengal Criminal Judicial Consultations Range 130 vol.45: DocumentsI.E.24and25. 7. Bengal Criminal Judicial Consultations Range 130 vol.48: DocumentsI.E.26and27. 8. BengalRevenueConsultationsRange55vol.44No.3of15 October 1811 and No.6 of 29 October 1811: Documents I.E.1toI.E.2(a),I.E.4,andII.1toII.3. 9. BengalRevenueConsultationsRange55vol.45:Document II.4. 10. BengalRevenueConsultationsRange55vol.47No.4of13 January 1812, No.1 of 21 January 1812 and No.13 of 27 January1812:DocumentsI.E.22and23,andII.5toII.8. 11. BengalRevenueConsultationsRange55vol.50No.37of16 May1812:DocumentI.A.25. 12. BengalCivilJudicialConsultationsRange148vol.75No.24 of9May1812:DocumentII.9. 13. L/E/3/17(forBengalRevenueLetterof14December1811): DocumentsIII.3. 14. L/E/3/18(forBengalRevenueLetterof30October1812): DocumentIII.4.

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15. L/E/3/19(forBengalSecretRevenueLetterof28February 1815):DocumentIII.7.

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16. L/F/442 (for Secret Revenue Despatch to Bengal of 16 September1812):DocumentIII.5. 17. F/3/26 (for BoardCourt Correspondence about Secret Revenue Despatch to Bengal dated 16 September 1812): DocumentsIII.5(15)andIII.6. WestBengalStateArchives Bengal Judicial Criminal Proceedings: 8 February 1811: Original Consultations No. 6: for extracts from petition on pages1819.

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GLOSSARY
(Mostofthefollowingexplanationshavebeentakenfrom H.H.WilsonsAGlossaryofJudicialandRevenueTerms, publishedin1855.Othersarebasedonthepresent writersownunderstandingofthem)
Abkarry: Amlah: Revenuefromdutyonintoxicants,etc. Thecollectiveheadnativeofficersofjudicial orrevenuecourtundertheEuropeanjudge orcollector. Shoppingareas,markets. Widespreadnoncooperationandresistance togovernment,particularlyinMaharashtra Hindu caste of scholars, priests and ascetics. Chiefpeons Watchmen. Headsorrepresentativesofareasorgroups. Placewheretheheadofthepoliceisusually stationed;apoliceofficeorstation. Lime Atentpitcher,amatross. Labourers Adistanceofabout2miles. A law court; a place where any public businessistransacted. Chiefofficerofpoliceforacityortown. OfficeofaCutwal. Communicationbindingtherecipientsbya religious oath to join or conform to some commonlyarriveddecision. Sittingusuallyatthedoorofahouseasa protest against some wrong doing by the particular householder. The person or personsprotestingweretoobservestrict

Bazars: Bunds: Brahmins: Cherucoons: Chokeydars: Choudries: Chubootra: Chunam: Clashy: Cooley: Coss: Cutcherry: Cutwall: Cutwally: DhurmPuttree:

Dhurna:

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fast and consequently the alleged wrongdoer was expected to fast also and abstain from his usual occupations and amusements. Dingy: Dubass: Durkhast: Durzees: Dusserah: Apassageboat. Anativemanofbusinessintheserviceofa European;onewhospeakstwolanguages. Anapplication. Tailors. A major Hindu festival celebrated in September or October signifying Ramas victoryoverRavana. Apermit,apassport;alsoawrit,awarrant. Areligiousmendicant,usuallyaMuslimby religion. Hindoos (originally applied to Telugu speakingpeoplebyEuropeans). An agent; a steward employed to collect rent,money,etc. AparticularHindureligiousorder. Shutting up or closing all the shops of a marketasapassiveresistancetoexaction. Barbers Holderofanassignmentofrevenue;inthis instanceseeminglyofalargeone. Weavers Astatementexhibitingtheparticularsofthe public revenue, its amount and how assessed. Watercarriers,palankinbearers,etc. Adressofhonour. The portion of annual revenue assessment tobepaidatspecificperiodsinthecourseof theyear. An Indiawide numerous Hindu caste of peasantsorthoseengagedinagriculture.

Dustucks: Faqueers: Gentues: Gomastah: Goshains: Hartal: Hujams: Jagirdar: Jolahirs: Jummabundy:

Kahars: Khelaut: Kist:

Koonbees:

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Koor: Korees: Lac: Lohars:

Selfimmolationasaprotest. Acasteofgrowersofvegetables,etc. Ahundredthousand(1,00,000). Blacksmiths (perhaps also applied to manufacturer,ofironandsteelwhoseemto havebeenfairlynumerousandpowerfulat thisperiod). Merchantsandbankers. OriginallyresidentsofMaharashtra;inthis instance apparentlyreferstowarriors from amongstthemlivinginBenares. Revenueassessment. Alocalityorawardinatownorcity. Mechanics Usuallyusedfornonurbanareas. Government appointed persons responsible tothepoliceforprovidinginformationabout therespectivemehullas. Writers, clerks; in this instance seemingly assessorsorcollectorsoftaxalso. Anassembly. Boatmen. Adeputy. Asupervisor,orofficerofcourtchargedwith theservingofprocess,etc. Departmentofpoliceandcriminallaw. Footmen foot soldiers; inferior officers of policeorcustoms,orcourtsofjustice. Ademarcatedareaofmanyvillagesseveral ofwhichwenttoconstituteachaklaorzila, i.e.apresentdaydistrict. Orders,writtenprecepts,permitsorpasses. Cityormehullagates. Contributions for the expense of looking afterthe phatucks,i.e.,watchandwardof thecity.

Mahajuns: Mahrattah:

Malgoozaree: Mehulla: Mistrees: Mofussil,mofusil: Mohullahdars:

Moosuddies: Mujlis: Mullahs: Naib: Nazir: Nizamutaffairs: Peons: Pergunnahs:

Perwannahs: Phatucks: Phatuckbundee:

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Punch: Pottahs: Rajpoots, Raujpoots: Ryots: Sayer: Shastra: Sooltauns: Syce: TalluaNallah: Talook: Tahsildar:

Councilofanycaste,group,orarea. Adocumentspecifyingtheconditionsunder whichlandisheldbyatenant,etc. AwarriorcasteamongsttheHindus. Peasants. Sources of revenue other than agricultural land. Scripture,worksofauthority. Kings. Driverofahorsecarriage,acoachman. NameofalocalityinBenares. Anestate,includingmanyvillages. Governmentofficerinchargeofatahsil(part ofadistrict)forrevenueandlawandorder functions. Officers incharge of thannahs (police stations); also employed in enforcing paymentofgovernmentrevenue. Selfimmolationasaprotest. Representation;apetition. A lawyer; in this instance a government pleader. Adistrict.

Thannahdars:

Traga: Urzee,arzee: Vakeel: Zillah:

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index

Aurobindo9 Azad,Chandrashekhar9 baharvatiya11 bearers2,21,62 Bunds15 Chaudhuri,Dr.Sashi Bhusan7 Clive,Robert49 Cornwallis,Earl160 Das,BabooJumna91 dasatyaga10 dharma2 dharna,dhurna10,11,23, 41 Dhebar,U.N.4748 Diwakar,R.R.10 durzees2,21,62 EastIndiaCompany16 Gandhi,Mahatma4 6,7,9,1017,4344 GandhiPeaceFoundation7 Gajendragadkar,P.B.47 Garrison,WilliamLloyd10 Gokhale,GopalKrishna15 Goshains82 Hamilton,Sir Frederick142 hartal10 HindSwaraj4 Hindupolity2 hujams2,21,62 IndiaOffice7 IndianNationalLiberal Federation45 jolahirs2,62

kahars2,21,62 Kalelkar,Kaka11 Khan,MohummudTukkee 58,100 Khan,MoulveeUbdool Kadir88,9091 Khan,Sieud(Syed)Akber Allee87,9091 Khanashumaree161 Koonbees24,69 koor15 Korees24,69 Kripalani,J.B.or Acharya46 lohars2,21,23,24,41,62 ,69,71 Mahabharata11 Mahrattah82 Malcolm,John49 Metcalfe,Charles4951 Mill,James1215 mistrees2,21,62 Moothurfa160 mullahs25,41 Munro,Thomas49 Paranjpye,R.P.45 Payne,R.11 Prahalada10 Rajahof Benares29,30,74, 75,96,154 Rajpoots82 Rao.Umrut88 Ruskin6,9 Sahoo.Lushkeeree121 Sanskritliterature1

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Santhanam,K.4748 Sastri,Srinivas45 satyagraha4,5,9,4748 Savarkar9 Singh,BabooSheo Narain89 Singh,Bhagat9 Tagore,Rabindranath45 Thoreau6,9,10 Tolstoy6,9,10 traga 11, 15

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DHARAMPAL:LIFEANDWORK
Born in 1922, Dharampal had his first glimpse of Mahatma Gandhi around the age of eight, when his father took him along to the 1929 LahoreCongress.Ayearlater,SardarBhagatSinghandhiscolleagues werecondemnedtodeathandexecutedbytheBritish.Dharampalstill recallsmanyofhisfriendstakingtothestreetsofLahore,nearwherehe lived,andshoutingslogansinprotest. Aroundthesameperiod,therewereexciteddiscussions,especiallyin school,aboutwhethertheBritishshouldleaveIndia.Somewereagainst swarajbecausetheyfearedinvasionofthecountrybyAfghantribesmen and others. With many others his age, Dharampal tended more and more towards the swaraj option. Though he underwent western education throughoutschoolandcollege, hisanimosity toBritishrule grewyearbyyear.By1940,hehadstartedtowear khadi regularlya practice he follows even nowand even tried to take to spinning the charkhaforawhile. In 1942, he was present as a fervent spectator at the Quit India Session of the Congress in Bombay and he thereafter joined the Quit IndiaMovement.HewasactiveinittillhewasarrestedinApril1943. Aftertwomonthsinpolicedetention,hewasreleasedbutexternedfrom Delhi. Dharampalrecallshewasoneofcountlesspeoplewhobelievedthat once the British were gone, India would be rid of its misfortunes, particularlyitsstateofdisorganisationandimpoverishment. InAugust,1944,hewasintroducedtoMirabehnbyhisfriends.He joined her soon thereafter, at what came to be known as the Kisan Ashram, situated midway between Roorkee and Haridwar. He stayed withMirabehn,withoccasionalabsencesinDelhi(194748)andEngland (1948, 1949) till about 1953 when she retired, firstto the Himalayas, andafewyearslater,toEurope.Butthecontactstayed.Dharampalmet her again for the last time in July 1982 in Vienna, about two weeks beforeherdeath.Onthatday,theytalkedtogetherforsome68hoursin thequietoftheViennawoods. Earlier,during194748,Dharampalhadcomeinclosecontactwith Kamaladevi Chattopadhyaya, Dr. Ram Manohar Lohia, and with numerous younger friends in Delhi. He was then associated with an attemptatcooperativerehabilitationofrefugeesfromPakistan.(Hewas amemberoftheIndianCooperativeUnionwhichwasfoundedin1948 withKamaladeviasitspresident.) The following year, while in England, Dharampal got married to PhylliswhowasEnglish.Afterwards,theybothdecidedtoliveinIndia. Ontheirwayback,theyspentsometimeinIsraelandvisitedafewother countriesaswell. In1950,the communityvillageof Bapugraminthe Pashulokarea,nearRishikesh,begantobeformed.Dharampaland

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Phyllis livedinittill1953.HereturnedtoEnglandwithhisfamilyin 1954. HewasbackinDelhiagainfromearly1958to1964withhiswife,son and daughter. He now took up the post of General Secretary of the Association of Voluntary Agencies for Rural Development (AVARD); Kamaladevi was its first president. Soon thereafter, Jayaprakash NarayanagreedtobethepresidentofAVARD.(Heremainedpresident tillabout1975.) For about two years (1964, 1965) Dharampal worked with the All India Panchayat Parishad (A.I.P.P.) as Director of Research and spent more than a year in Tamilnadu collecting material that was later published as The Madras Panchayat System. Earlier, in 1962, he had already published a smaller book containing the proceedings of the IndianConstituentAssemblyrelatingtothediscussiononthesubjectof ThePanchayatastheBasisofIndiasPolity. From Madras, for family reasons, Dharampal once again moved to Londoninearly1966.Hissonhadmetwithaseriousaccident. By then he was also keen on a detailed study of the IndoBritish encounterduringthe18thand19thcenturies.Thistimehestayedonin Londontill1982,butvisitedIndiainbetween.InEngland,hedidnot have much of an income. There was also a family to support. But notwithstandingallthis,hebecamearegularvisitortotheIndiaOffice and the British Museum and spent most of his time poring over the archives. Photocopying required money. Oftentimes, old manuscripts couldnotbephotocopied.Sohecopiedtheminlonghand,pageafter page, millions of words, day after day. Thereafter, he would have the copied notes typed. He thus retrieved and accumulated thousands of pages of information from the archival record. When he returned to India, these noteswhich filled several large trunks and suitcases provedtobehismostprizedpossessions. From around 1958, Dharampal had developed an association with Sevagram, especially because of Annasaheb Sahasrabudhe. He spent around a month in Sevagram in 1967, where he did his first writing basedonthe18th19thcenturydatahehadcollected.Hisnextlongstay in Sevagram was from December (1980) to March (1981) when he completedTheBeautifulTree.FromaroundAugust1982to1987,hewas mostlyinSevagramwithoccasionalsojournsinMadras. DharampalwaspresidentofthePatrioticandPeopleOrientedScience and Technology(PPST) group.Hewas also closelyassociated with the CentreforPolicyStudieslocatedinMadras. HiswifediedinLondonin1986. From 1993, he has been living largely at Ashram Pratisthan in Sevagram.

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