Kitabı oku: «A Civil Servant in Burma», sayfa 15
The Judicial Commissioner held sway within the limits of his powers over all Upper Burma save, mercifully for them, the Shan States and the Chin and Kachin Hills. Inspections included many parts of the Province by me before unvisited. Of these brief visits, full of interest at the time, it were tedious to write at length. A sample may be given. Early one morning I landed at a wayside village to inspect the township court. A graceful little pandal258 had been erected wherein I was invited to witness a pwè before beginning work. Innocently consenting, I took my seat and the performance began. Dancers came, not single spies, but in battalions. Every village in the neighbourhood had sent its troupe, each eager in succession to display its skill and grace. Except one, all the companies consisted of quite young girls, not professionals, but daughters of the village. The last turn was given by a band of small boys delightfully dressed in green jackets and knickerbockers. This was much more amusing than turning over dusty files and registers. But all good things come to an end, and after some pleasant hours I had reluctantly to obey the call of duty. In the end, I breakfasted at 5 o’clock tea. There is a sequel to the story. On my return to Mandalay I received a petition signed by the girls of one of the troupes. It was more clement than the petition of Salome. The memorialists had danced, and I had been pleased to look and express approval. Such poor skill as they had was due to the training of their saya.259 This worthy man had fallen on evil days. By the craft and subtlety of his enemies, he had been wrongfully prosecuted for embezzlement, unjustly convicted, and barbarously sentenced to imprisonment. If he stayed in durance, his lessons would be forgotten, and his pupils would be able to dance no more. Would I kindly, as a personal favour to them, order his instant release? The impulse of the natural man was to grant on the spot this ingenuous gracefully worded request. Hardening my heart, I yet examined the record of the trial with every desire to find a reason for intervention. Alas! I could not convince myself that the saya was an injured innocent. All that the girls got by their memorial was a civil answer, in which I tried to explain why their request could not be granted. I hope they gave me credit for the wish to help them.
It should be a truism, but is too seldom recognized, that the less the higher Courts interfere, especially on technical grounds, the better. Now and then, however, it was pleasing to be able of one’s own motion to throw open the prison gates. Very gratifying it was to set at liberty a man sentenced to a long term of imprisonment for exceeding the right of private defence against an armed robber. To me he seemed deserving of reward rather than punishment. I doubt if any act of my official life gave me greater pleasure than restoring a young woman to freedom. Inspecting a gaol, I found a young Burmese girl, the solitary occupant of the woman’s side. In an agony of grief at her husband’s sudden death she had tried to commit suicide. For this heinous crime she had been sentenced to imprisonment for three months. On her ready promise not to do it again, I was able to release her at once.
For a few weeks in 1899, by arrangement with Mr. F. S. Copleston, C.S., who, solely for my convenience, changed places with me, I held the office of Judicial Commissioner of Lower Burma, a thankless post, of which the work exceeded my capacity.
In 1900 the Chief Court of Lower Burma was established, Mr. Copleston becoming the first Chief Judge. The selection was vehemently criticized, the local Bar and Press clamouring for the appointment of a barrister and for Mr. Copleston’s head on a charger. I should like to explain the reasons which may be urged in support of the appointment of a civilian. The judicious skipper will perhaps be warned, and avoid the next page or two. It is open to argument that there should not be any civilian Judges; that, as in England, all Judges should be barristers trained in forensic practice. This argument is not seriously advanced by anyone conversant with the conditions, and need not be traversed at length. But the situation may be briefly stated. From the beginning of their service, civilians are constantly doing judicial work, always criminal, generally civil. In the five-and-twenty years or so that pass before they are likely to enter a High or Chief Court, those who have any aptitude or inclination for legal studies have had abundant experience and have acquired a good stock of learning. Where there is a division between the executive and judicial branches, certain officers specialize almost exclusively. Civilians of my own standing had even an earlier training. During their term of probation law formed a prominent part of their reading. Periodical examinations tested their proficiency, and they had also to attend Courts and prepare notes of cases. They saw in practice the daily working of Courts under the presidency of the best Judges and magistrates in England. A selected candidate who failed at the Final Examination to qualify in law was ruthlessly rejected, excluded for ever from the paradise of the Civil Service. It is thought by some not unintelligent persons that in the trial of civil and criminal causes it is an advantage for the Judge to have knowledge of the language, customs, and character of the people concerned. Apart from this, every High and Chief Court in India has civilian Judges, by common consent as well qualified as their barrister colleagues. So much for the appointment of any civilians as Judges. Now for the question of the Chief Judge. In the Chief Court of Lower Burma, with which we are immediately concerned, in forensic business the Chief Judge has no more weight or authority than any of his puisne brothers. Only when all the Judges are sitting as a Bench, and when they are equally divided, has the Chief Judge a casting-vote. As yet that instance has not happened. Ordinarily, in court the Chief Judge is on terms of exact equality with his colleagues. As a member of a Bench he can be outvoted by his juniors. His decision as a single judge can be considered, modified, or overruled by a Bench, of which he may or may not be a member. So far as judicial work is concerned, every objection to the appointment of a civilian as Chief Judge can be urged with equal force to the appointment of any civilians as Judges. But the work is not exclusively judicial. It includes also administrative functions. The Chief Court initiates or advises upon many matters connected with the judicial administration. All subordinate Judges and magistrates, most of them Burmans, are under its supervision. In this branch of the duties of the Court the leading part is necessarily taken by the Chief Judge. It is therefore desirable that he should have administrative experience, and, if possible, good knowledge of the people. For these reasons public interest is better served by the selection of a civilian as Chief Judge. I do not care to discuss the vulgar suggestion, not seriously made by any decent person, that civilian Judges are more likely to be subservient to Government than barristers. No one believes this; nor would it apply particularly to the Chief Judge, who, as I have said, has no more power judicially than his colleagues. The only sound rule is for Government to appoint as Chief Judge the man believed to be best qualified for the office, whether civilian or barrister, bearing in mind that administrative as well as purely legal qualifications are requisite.
Some time ago there was an agitation for the establishment of a High Court for Burma in place of the Chief Court and Judicial Commissioner. No doubt Judges of the Chief Court should receive the same pay as Judges of a High Court. They do exactly the same work, and are of the same standing. Apart from this, in my humble judgment, the establishment of a High Court would be an unmixed evil. Upper Burma is not ripe for even the mild sway of the Chief Court. For both litigants and Judges it is better to remain under the sympathetic control of the Judicial Commissioner, whose learning is tempered by sympathy with the people. It would also be disastrous for suitors from Upper Burma to have to come to Rangoon, practically a foreign city, instead of Mandalay, where they are at home. Besides these objections, the establishment of a High Court would involve the appointment on every occasion of a barrister Chief Justice, which I hope I have shown to be inexpedient. As puisne Judges, barristers would be sent from England. One need not believe spiteful stories of political jobs, and one may respect many Judges of High Courts; but it cannot be contended that an Indian career now attracts the pick of the English Bar, men in first-class practice or with good prospects. Recent experience has, I trust, quenched whatever desire there may have been for the establishment of a High Court in Rangoon. But enough of controversy.
At the end of 1898 Lord Elgin visited Burma, on the very eve of his departure from India.
In the last few months of my last residence in Mandalay, no suitable house being available, I occupied my old quarters in the Palace, with the White Pavilion260 opposite. Except for the Club on the western side and a few offices, the Palace was untenanted. Burmans ranged it at will, much interested in pacing its corridors and examining its stately rooms. They certainly did not regard the Palace with awe or reverence, but were well pleased to satisfy their curiosity. On feast days crowds came to picnic in the gardens and loitered in my courtyard. All climbed up the Queen’s Tower, and all counted the steps as they descended. At night, save for a few watchmen, most of the Palace was left in solitude. Very striking was the effect as one’s footsteps sounded hollow on the boarded floors, while the tropic moon flooded the columned arcades with unearthly light. Revolving many memories and picturing many scenes of bygone days, I traversed the deserted halls.
At the end of 1900, the day after the completion of my obligatory service in India, I went on furlough, free to retire at the end of two years. Mr. Harvey Adamson261 succeeded to the appointment.
CHAPTER XVII
THE CHIEF COURT—LAST YEARS IN BURMA
After spending rather more than a year in Europe, I was tempted back to Burma by the offer of the post of Chief Judge in succession to Mr. Copleston, who retired from the Service. I held the office for three years, from 1902 to 1905. These are years of pleasant memory, mainly on account of the very cordial relations with my colleagues, and especially the kindness and friendship of the barrister Judges. Of the Bar also I have a grateful remembrance. Its members were pleased to speak appreciatively of me on my departure. I risk the double edge.
The most interesting event of these years was the Durbar at Delhi held by Lord Curzon on New Year’s Day, 1903, to celebrate the Coronation of His Majesty King Edward VII. I do not propose to tell a twice-told tale by describing the Durbar and its attendant ceremonies. But a brief reference may be permitted. A splendid pageant was the State Entry, with its long line of richly caparisoned elephants, its dazzling array of Chiefs in gorgeous vestments, seen by thousands from the terraces of the Jamma Musjid. Glorious and soul-stirring was the Durbar itself with all the pomp of heraldry and blazonry of colour. Perhaps the most moving incident was the appearance of a body of Mutiny veterans, conspicuous among them white-haired men of many Indian races who had been faithful to their salt. The Shan chiefs, humble folk among the stately Indian Rajas, were yet in their grotesque attire a picturesque feature of the State Entry, and attracted notice as they paid homage at the Durbar. Not soon to be forgotten was the review of native retainers, where the followers of many Chiefs displayed curious customs and equipment handed down from remote antiquity. Perhaps the most charming ceremony was the State Ball in the Diwan-i-Am (with supper in the Diwan-i-Khas), where Europeans and Indians, gleaming with gold and jewels and radiant colour, flashed and glittered in the historic halls of the Moguls. The conception of the Durbar and of the incidents grouped round that memorable scene was worthy of the great event which they celebrated. The Burma camp was, as usual, admirably arranged and managed; the griffins, which characteristically guarded the gateway, a piece of Burma set down in the Punjab plain. The guests hospitably entertained there owe a debt of gratitude to Sir Frederic and Lady Fryer and His Honour’s able and courteous staff for many pleasant days. That fortnight remains in my mind as a charming episode.
In 1905, Lord Curzon appointed me to be Lieutenant-Governor in succession to Sir Hugh Barnes, who went to the Council of India. Sir Harvey Adamson became Chief Judge.
Early in 1906 the Province was honoured by the visit of the Prince and Princess of Wales. Their Royal Highnesses were received with unbounded enthusiasm by all classes and races in Burma. Their gracious kindness and consideration had the happiest effect in exciting the loyalty of the Burmese people. To Rangoon and Mandalay, Shan chiefs and many strange folk from remote hills and valleys, Chins, Kachins, Karens, Was, Padaungs, Brès, flocked to do homage. Proceeding down the river to Prome in a steamer fitted up by the Flotilla Company, Their Royal Highnesses saw a great deal of the country in a short time. The memory of their visit will not fade from the minds of those privileged to see them, and will be handed down as a glowing tradition to posterity.
Next year the Duke and Duchess of Connaught and Princess Patricia came to Burma, and were welcomed with acclamation. Their Royal Highnesses visited Rangoon, Mandalay, and Pagan, thus seeing the most interesting places in the Province.
In 1907 the Viceroy, Lord Minto, with Lady Minto, paid us a visit, and spent nearly a month in Burma. Their Excellencies saw Rangoon, Mandalay, Lashio, Myitkyina, Bhamo, Pagan, and Prome. Coming, like Lord Curzon, early in his term of office, Lord Minto obtained an insight into the conditions of Burma, and became interested in the Province. The most memorable incident of his visit was the Durbar held by His Excellency in the Eastern Hall of Audience in the Palace at Mandalay, the first public ceremony held there since Lord Dufferin’s Levée in 1886.
Although to Lord Curzon I owed my appointment as Lieutenant-Governor, I was not in Burma at the time of his visit, nor was it my privilege to serve directly under him for many months. Most illustrious of the eminent statesmen who have held the high office of Viceroy of India, Lord Curzon left, regretted by all who had at heart the interests of the Empire and the good of the people. It is presumptuous of me to attempt any appreciation of his work or to raise my feeble voice in eulogy. Yet, having served under him, I cannot be altogether silent. Lord Curzon set the example of the loftiest ideal. Inspiring the heartiest enthusiasm in those brought into personal relations with him, he spared no pains to raise the standard of efficiency, to reform abuses, to promote the well-being of the people of India. When the dust of controversy shall have been laid, the historian will see clearly, in true perspective, how noble a task he accomplished in the years, all too few, of his Viceroyalty.
So long as Burma remains a Province of India, her geographical position will place her at a disadvantage in comparison with other Provinces. Members of Council pay sparing and infrequent visits, and seldom have any knowledge of the country and the people. Nor has the Lieutenant-Governor many opportunities of visiting the headquarters of Government. Only once, towards the end of my term of office, did I go to Calcutta. While I was at Government House, except one Member who came on a private excursion, giving me no warning of his coming, and whom I never saw, only two Members of Council, Sir Denzil Ibbetson,262 and Mr. W. L. Harvey, came to Burma. It was a pleasure and a privilege to make the acquaintance of Sir Denzil Ibbetson. His coming, though unavoidably deferred till the last moment, was of advantage to the Province. The same may be said of Mr. Harvey’s visit. Sir Denzil Ibbetson and Mr. Harvey were lost to India soon afterwards. Both were men of character, ability, and distinction, whom we could ill spare.
Distance and the pressure of overwhelming official cares kept away the Financial Member.263 This was specially to be regretted. For the new Provincial Settlement, cynically styled a Contract, was discussed and determined. The debate was one-sided, and recalled the schoolboys’ tag: “Si rixa est, ubi tu pulsas, ego vapulo tantum.”
Burma fared badly in this unequal contest, where the decision rested solely with the Supreme Government. The situation may be described in popular terms. Apart from local funds, revenue and expenditure in India are divided into Imperial and Provincial. All the revenue is raised in the Provinces, the Government of India having no separate estate. Imperial expenditure, including the cost of the Central Government, the army, and Home charges, has to be met by contributions from the Provinces. Certain heads of revenue are Imperial, others provincial; others are divided between the two. It is right and fair that Burma as well as other Provinces should contribute to Imperial needs. Only very foolish people believe that the Government of India depends upon Burma for its livelihood, so to speak. The poor old milch-cow has been trotted out too often, and has become a wearisome, time-worn beast. In fact, the contribution paid by Burma is actually less than that paid by the richer Provinces. At the same time it is true that the contribution from Burma is greater in proportion to its population than that of any other Province, and that from Burma alone the annual subvention tends to increase. It may be admitted, as is perhaps the case, that the settlement with Burma was made on the same lines as those of other Provinces, that the proportion of its revenues taken by India is much the same as the proportion taken elsewhere. What people in Burma feel is that this is unfair. When our settlement was made we were still in a backward state, ill-equipped with roads and buildings, with many needs as yet unsupplied. Other Provinces were far more advanced, and had less necessary expenditure to incur. Moreover, the cost of public works in Burma is twice as high as in other parts of India. If, therefore, we are to be treated like other Provinces, we ought to have more liberal terms. So much is taken from Burma that not enough is left for public works and other expenditure necessary to our expansion. We also believe that this is a shortsighted policy, and that liberal expenditure in Burma would benefit Imperial and Provincial revenues alike. Stated in few words, this is the case for Burma, based on facts available to the public, without reference to unpublished records.
Another disadvantage under which Burma labours is the application of Indian principles and precedents. While Burma is part of India, no doubt the system of administration and the main lines of policy must be the same as in other Provinces. But in details, in matters where our conditions differ essentially from those of India, it is unreasonable that we should be bound by Indian rules. A Member of Council who has never seen Burma thinks nothing of overruling264 the Local Government on points of purely local concern. Again, general orders framed after consideration of the circumstances of Indian Provinces are applied to Burma, where conditions are totally unlike. In this way much needless labour and waste of valuable time are caused. I remember one Commission which contained no representative from Burma, and which never came near the Province. It issued an elaborate and extremely valuable Report. For years afterwards poured forth a flood of Resolutions on the Commission’s recommendations which we were required to consider and discuss, though none of them could possibly apply to our local conditions. No real harm was done, but time and labour were spent in vain. As Burma differs essentially from India, and as it is impossible that Burma should be adequately represented in all departments of the Government of India, the natural conclusion is that the Local Government should be allowed a much freer hand, and should be trusted to know what is best in matters of local concern.
While on the subject of disadvantages I may mention a real grievance. It may seem mainly to affect the Civil Service; really it is of vital importance to the Province. I refer to the very small share which Burma has in appointments under the Imperial Government. As I myself obtained in my service more than I could have expected, I shall not be thought to speak from any personal feeling. In the fifty years since Burma has been a Province she has supplied to India one Member of Council, two Deputy-Secretaries, one Agricultural Adviser (for a short term), and two or three Under-Secretaries, all within the last seven years. No civilian from Burma has ever been chosen to administer another Province. It does not seem likely that of civilians in Burma, chosen in the same way as other civilians, none has been fit for such an appointment. It is needless to conjecture reasons for this apparent neglect. I suggest that Burma should receive a fair share of high offices, so that service in Burma may cease to be unpopular, and that her needs and conditions may be properly appreciated by the Supreme Government.
During my term of office the Royal Commission on Decentralization came to us. Needless to say, Burma had no representative among its members. That could hardly be expected. Bombay had two members, Madras and Bengal one each. The Punjab and the United Provinces were omitted. Except Mr. Dutt, a Bengali civilian who served in the regular line and seems to have attained no special distinction, the Commission included no one who had any acquaintance with the system of government by Lieutenant-Governors, and only one, Sir F. P. Lely, who had served in a non-regulation Province. The constitution of the Commission was clearly reflected in the Report which regarded all India as administered under the Presidency system, and therefore in the hands of Secretaries and Members of Executive Councils. The Commission learnt little of Burma during its somewhat hasty visit. Nor was it likely that permanent benefit would result from the labours of a body which set out to investigate and reform the whole administrative system of India in the course of a cold-weather tour.
The reforms of Councils devised by Lord Morley or Lord Minto were discussed and carried into effect during these years. These reforms were not needed in Burma; there was no popular demand for them; they were entirely unsuited to the Province. But Burma must lie on the procrustean bed. I am thankful to say, that for a time at least, the Province was saved from popular elections. In a country where, after thirty years, it is rare to find Europeans or Burmans of position willing to take an interest even in municipal elections, that would be the last straw. But the Council had to be enlarged, a non-official majority secured, and the elective system introduced at least to the extent of enabling one body, the Burma Chamber of Commerce, to elect265 its member. And all the detailed rules of procedure, of Budget discussions, of interpellations, and the like, framed for other Provinces, have been applied to Burma. It may safely be said that no one in Burma is a penny the better for these innovations, and that the great heart of the people remains unmoved. The net result is some waste of time and public money owing to the appointment of more official members, worthy gentlemen who have to spend hours in Council when they should be doing their work. We were quite as well off under the old Council and the old rules. The situation would be ludicrous if it were not pathetic.
The objects which I regarded as most important, and which, to the best of my ability, I pursued, were the encouragement of efficiency in the Services, insistence on the principle of selection to which the Government of India often drew attention, and the improvement of the position and prospects of officers of various departments, particularly but not exclusively, those manned by people of the country. I had the pleasure of making the first appointment of a Burman as a District Judge, my old friend Maung Aung Zan,266 K.S.M., being the officer selected. Two posts of Deputy Commissioner were obtained for the Provincial Service, the first Burman to hold that office being Maung Myat Tun Aung, C.I.E., K.S.M., T.D.M. Later I appointed the first two Burman Superintendents of Police, Maung Tun Min,267 T.D.M., and Maung Shwe Tha,268 I.S.O., K.S.M., A.T.M. These appointments enabled us to solve a long-standing problem, the officering of Kyauk-pyu. This district was notoriously unhealthy for any but natives of the locality, so that it was difficult to keep European officers there for any length of time. With one Arakanese as Deputy Commissioner and another as Superintendent of Police, both accustomed to the climate, it was possible to have the district efficiently administered without sacrificing anyone’s health. For some time Kyauk-pyu was administered solely by native officers. The experiment seems to have been successful; both the Deputy Commissioner and the Police Superintendent having recently been decorated. I take the opportunity of reminding my Burmese friends, who justly cite me as desirous of seeing them placed in higher offices, that one essential condition is that by character and ability they should prove their fitness for advancement. I am the last man in the world to wish Burmans promoted merely because they are Burmans, without regard to their qualifications. “After these things do the Gentiles seek.”
A successful effort was made to equalize the pay and prospects of the higher ranks of the Judicial Service, so as to attract men of at least average ability and ambition to that branch. The Provincial Judicial Service was organized on a proper basis, so that officers who chose or were posted to it might receive the same pay as those on the Executive side. The important Land Records Department was reorganized and placed on a proper basis as regards pay, and a system of recruitment and training was devised. To my lot, assisted by Colonel S. C. F. Peile, C.I.E., the experienced Inspector-General, fell the task of introducing most of the changes following the Report of the Police Commission. In this matter I think we might have been allowed more liberty to consult local conditions. After all, the Report was not verbally inspired.
I had much at heart the enactment of legislation for restraining the alienation of land and for the protection of tenants. I was unsuccessful in effecting either of these objects before my retirement. I have no doubt that gradually but surely the Burman is being squeezed off the land, and that if, as seems likely, the proposed legislation is abandoned, the land will fall into the hands of non-agriculturists and natives of India. Free trade in land as in other things may be good. From an economic point of view the position is probably sound. More rice will be grown for export; more land revenue and customs duty will be garnered. But there are other considerations. The standard of living will be lowered. The deterioration of the Burmese race which will inevitably accompany their divorce from the land will be a subject for regret when it is irremediable. Similarly, tenants in Burma are rapidly increasing in numbers. There, as elsewhere, they need protection. The solace of my disappointment was the progress of the co-operative credit movement under the fostering care of Mr. A. E. English, C.I.E. This movement will afford a great deal of help to the Burman cultivator. If it spreads to a sufficient extent, it may even obviate the need of agrarian legislation.
Among the pleasantest as well as the most beneficial duties of the Lieutenant-Governor is the making of tours in all parts of the Province. These journeys bring the head of the local Government into touch with officers of all grades and departments, as well as with the people. Not the least charming incidents associated with them are the receptions at every halting-place of importance, where the townsfolk offer a hearty welcome in their own fashion, and tender loyal addresses. Some of these receptions were elaborately and magnificently staged, with presentation of flowers, with dance and music, with triumphal arches, with decorated streets. Without meaning to be invidious, I think receptions at Mandalay, Pegu, Akyab, and Bassein, where I was charmed to meet many old friends, stand out in my memory as conspicuous. The addresses presented on these occasions were often gracefully worded. Besides a profusion of loyal sentiments and good wishes, they usually stated matters of local interest for which the benevolent attention of Government was sought, the need of a new school, waterworks, sanitation, as the case might be. In one address my wife was gratified by being styled my “august consort.”269 Except the Chin Hills, the Hill districts of Northern Arakan and Salween, and, I am ashamed to say, Tharrawaddy, which was unaccountably neglected, I visited all the districts as well as the Northern and Southern Shan States. Kyaingtôn (Kēngtūng), across the Salween, was an object of unfulfilled desire, and a projected ride to Namkham was not realized.
To Mogôk I went for the purpose of investing the young Sawbwa of Möñgmit with the administration of his State. At a very early age the young Chief was taken in hand, and placed in charge of the Rev. J. N. Cushing,270 the venerable head of the Baptist Mission in Rangoon, and one of the first of Shan scholars. Dr. Cushing received him into his own house, and treated him as a son. When of suitable years, the future Sawbwa was sent to a district for training in judicial and executive work. Not till he was of ripe age, and had given evidence of steadiness of character, was he allowed to assume charge of his State. He received his Sanad in full Durbar, and with it much good advice. With an experienced Burman officer as his principal Assistant, and under the effective supervision of the Deputy Commissioner, Mr. E. C. S. George, the young Chief has done well, and has shown zeal and intelligence in the management of his State. I think the impressions of his early years have not faded. At the time of his investiture his marriage was celebrated—a pleasing ceremony which I was privileged to attend. At Mogôk the usual strenuous round of duty and pleasure, incident to the inspection of a district headquarters with a vigorous Deputy Commissioner, filled days and nights. Up at six to ride round and visit local institutions, business occupied the day; at about five in the evening amusements began, and lasted till the small hours. Carrying very pleasant memories, a tired party reached Mainglôn, on the march back to May-my̆o. Most of the route lay along a well-graded hill-road, aligned and made by the Public Works Officer of Thibaw, a very intelligent Shan. At each halting-place comfortable encampments of mat and bamboo had been built by direction of Mr. Stirling,271 Superintendent, and the Chief, my good friend Saw Hkè.272