85. THE JUSTIFICATION OF THE MAHRAtta War

From a Speech by the Marquess Wellesley in reply to an Address from the British Inhabitants of Calcutta, February 1804.

The peace, which has been concluded,1 comprehends every object of the war, with every practicable security for the continuance of tranquillity. The object of the war was not to accomplish inordinate projects of extravagant conquest; not to subvert ancient and revered authorities; not to desolate flourishing provinces; not to plunder private property; nor to disturb the civil and religious institutions of contiguous states; nor to excite discord among powers connected by the relations of amity and peace. The object of the war was, to vindicate and to secure the just and legitimate rights, interests, and honour of the British government and of its allies against usurpation, violence, and rapine. The restoration of the legitimate authority of our ally the Peshwa at Poona, the establishment of our ally the Subadar of the Deccan 2 in his hereditary rights and dominions at Hyderabad, and the deliverance of the unfortunate and venerable emperor Shah Alam from the hands of the Mahrattas and French at Delhi, were the earliest effects of the success of our military operations. During the progress of our arms, every endeavour was employed to mitigate the horrors of war, even in the midst of hostilities, and to extend security and protection to the utmost limit compatible with the safety of our armies in the field.

In the termination of hostilities, my solicitude has been directed to the important purpose of effecting a general pacification of India on principles of reciprocal justice and moderation. The power, reputation and dignity of the British empire in India, will derive additional security and lustre from the establishment of peace and good order among the native states. . .

In the pursuance of these principles, the treaties of peace provide the means, not only of enlarging and consolidating the resources and power of our allies, but of guarding the less powerful neutral states from oppression; of placing the illustrious house of Timur in a condition of competent affluence, dignity, and honourable repose, and even of admitting our vanquished enemies to the benefits of a general defensive alliance, calculated to secure them in the independent exercise

1 With Sindhia and Bhonsla.

2 The Nizam.

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of their actual rights, and in the uncontrolled government of their present dominions; to exclude usurpation, and to limit the several powers of Hindustan and the Deccan to the undisturbed cultivation of their separate resources, within the boundaries of their respective possessions. I trust that the result of this system will prove equally advantageous to our interests and to our honour.

The foundations of our empire in Asia are now laid in the tranquillity of surrounding nations, and in the happiness and welfare of the people of India. In addition to the augmentation of our territories and resources, the peace has manifested exemplary faith and equity towards our allies, moderation and lenity towards our enemies, and a sincere desire to promote the general prosperity of this quarter of the globe. The position in which we are now placed is suited to the character of the British nation, to the principles of our laws, to the spirit of our constitution, and to the liberal and comprehensive policy, which becomes the dignity of a great and powerful empire. . .

(Wellesley Despatches, iii. 582.)

86. WELLESLEY'S ADMINISTRATIVE REFORMS

To the Directors, July 9, 1800.

The great pressure of the numerous and important duties now performed immediately by the Governor-General in Council, has induced us to take a review of the constitution of the Government-General, considered as the supreme authority in India. In the discussion of these important questions we have not hesitated to consider the extensive and valuable possessions to the government of which the Company have succeeded, as a great Empire. To view those possessions in any other light, must, we are persuaded, always lead to the most erroneous conclusions as to the principles of policy by which they ought to be governed.

The early administration of the Company succeeded to the despotic power of the native princes. Those princes, as in other despotic governments, united in their own persons, the whole legislative, executive, and judicial powers of the State, and exercised them according to the dictates of their own discretion. No form of Government could be so ill-adapted to these countries when they became dependent possessions

of the British Empire, subject to be governed by persons occasionally deputed from the Mother Country.

Experience of the evils attendant on this form of Government conducted by a delegated British administration, led to the modelling of the Government of Bengal, on principles drawn from the British constitution. A distribution of the legislative, executive, and judicial powers of the state, analogous to that which forms the basis of the British Constitution,1 was made the foundation of the new constitution of the Government of Bengal. Considerations, however, arising out of the nature of our situation in this country demanded that these fundamental principles of the British Constitution should be introduced with a variety of modifications.

The lines between these three authorities were distinctly drawn, but it was obviously necessary that the GovernorGeneral in Council should exercise exclusively the entire legislative authority. But at the same time that we excluded our native subjects from all participation in the legislative authority, abundant security was afforded to them, that the exercise of that authority would always be directed to their happiness and benefit. The confirmation of their ancient laws in all matters connected with their religious prejudices, or their domestic relations, formed one of the first acts of the Governor-General in Council under the new constitution.

Provision was also made for ascertaining the sense which the people might entertain of the laws and regulations enacted for the government of the country, by the authority given to the judges of all the Courts of Judicature to propose such general or local laws, as from their intercourse with the natives in the administration of justice, might appear to them necessary to promote the public happiness and prosperity. As an effectual security against every abuse of the legislative power vested in the Governor-General in Council, it was made a fundamental principle of the new constitution, that he shall print and publish every legislative Act in a form which renders him responsible to his country for the unjust or unwise exercise of that power.

The executive authority was of necessity also exclusively vested in the Governor-General in Council.

As constituting the Courts of Sudder Diwani Adalat and the Nizamat or the chief civil or criminal Courts, the Governor

1 This was a theory of the British constitution rendered popular by Montesquieu's Esprit des lois, but not strictly corresponding with the facts.

General in Council also exercises a large portion of the judicial power.

The reasons which originally occasioned the continuance of the entire legislative and executive authority in the GovernorGeneral in Council, are obviously of a permanent nature. There are no circumstances, however, connected with our political situation in this country, which require that the Governor-General in Council should continue to exercise any portion of the judicial authority. It is equally necessary to the happiness of the people, to the prosperity of the country, and to the stability of the British Government, that such laws as the Governor-General in Council may sanction in his legislative capacity, should be administered with ability, integrity, impartiality and expedition. It is essentially necessary that the security of private rights and property should be rendered altogether independent of the characters of those who may be occasionally placed at the head of your affairs in this country. This, however, can never be the case, while the GovernorGeneral in Council who makes the law, and whose acts in his executive capacity, as well as those of the long train of officers who exercise authority under him in that capacity also, constitute the chief courts which control the general administration of justice. No inconvenience can arise from divesting the Governor-General in Council of all immediate interference in the administration of the laws, while he has the power of altering at his pleasure the law itself.

These considerations have induced us to determine that the Governor-General, and the members of council shall not constitute the Court of Sudder Diwani Adalat in future, but that distinct judges shall be appointed to preside in that court, with all the powers and authorities now exercised by the Governor-General and the members of council, as the judges of that court. We have also determined that the same judges shall constitute the Court of Nizamat Adalat, with all the powers now exercised by the Governor-General and members of council, as judges of that court.

The establishment attached to the Governor-General in Council in his legislative and executive capacity, for the conduct of these various and important duties under circumstances peculiarly arduous and critical, has hitherto consisted of a secretary, and four sub-secretaries. The assistants under these officers are necessarily incompetent to afford them any effectual aid, in their more important duties. It is of the greatest im

portance to the public interests, that the establishments of the several departments immediately connected with the legislative and executive capacity of the Governor-General in Council should be so constituted, as to ensure at the head of the respective departments, the assistance of men of ability, integrity and experience, competent to the due conduct of the ordinary duties of the government.

The Governor-General in Council therefore determined to make the situations of the public officers, who are to be his instruments for the conduct of the government of the British possessions in India, offices of high honour, and of the first emolument. This was the only mode of enabling the GovernorGeneral in Council to command the services of men of the first talents and ability, in the respective departments.

In this review of the constitution of the supreme Government of the Company's possessions in India, it could not escape the Governor-General in Council, that the wisest system of government will but imperfectly answer its ends, unless means are at the same time taken for providing persons duly qualified for the conduct of the system. It would be useless to enter into any argument to prove that the same general qualifications necessary for the first political, judicial, financial and commercial stations in Europe, are equally requisite for the due discharge of the duties of similar situations in India. Your honourable Court can yourselves form an adequate judgment how far your servants are in general competent to discharge these high offices. You know at what age they are sent from England, and what are at that period their qualifications for the offices to which they are destined. You are also apprized how far the occupations on which the first years of their residence in India are employed, are calculated to give them these qualifications. It is obvious that an education exclusively European or Indian, would not qualify your servants for the situations which they are destined to fill. The foundation of their education must be laid in England, and it must be completed systematically after their arrival in India.

The Governor-General in Council has, therefore, determined to found an establishment at this Presidency, of the nature of a collegiate institution, for the purpose of enabling the servants of the Company to perfect themselves in those acquirements, which form the necessary qualifications for the different lines of the service, in which they may choose to engage. It is our intention that the junior servants shall be attached to