§14. The legislative council was opened in 1854. It was the first germ of representative government in India. Lord Dalhousie introduced parliamentary forms, and the debates were conducted with a spirit which recommended them to the attention of the Indian public, official and non-official, Asiatic and European. The Governor-General and executive council exercised a veto on the introduction of bills. But four Indian civilians represented the governments of four presidencies, and the judges of the Supreme Court represented, more or less, the interests of the public outside official circles. Moreover, although the Asiatic populations had no voice in the debates, they were enabled to express their objections in the form of petitions, which were duly considered by the committees of the council on the several bills. In a word, the legislative council of India, imperfect as it may have been, was an advance in the development of constitutional government of India, and will accordingly be brought under review in the concluding chapter.
Macaulay and the Penal Code.
The new legislative council brought to light Lord Macaulay's draft of a Penal Code, which had been shelved for nearly twenty years. The delay, however, had not been without its advantages. Mr. (now Sir Barnes) Peacock, took charge of the bill under which the Code became law, and subjected its clauses to a careful revision. Moreover, the representative civilians from the four presidencies, and two judges of the Supreme Court at Calcutta, had opportunities for discussing any or every clause from local and imperial points of view, which could scarcely fail to adapt the Penal Code to all parts of British India.
Characteristics of the Code.
The Penal Code had evidently been drafted in Lord Macaulay's best style. It was eminently clear and concise, free from redundancies and repetitions, and singularly happy in the definitions of offences and law terms. It embodies illustrations, as well as explanations, of every conceivable offence known to criminal law. Consequently, no educated individual, Asiatic or European, who refers to the Penal Code, can possibly make any mistake as regards the criminal law in British India. It did not, however, take effect until 1860. Meanwhile events transpired which opened up an entirely new era in the progress of Great Britain as an Asiatic power.
Lord Dalhousie leaves India, 1856.
§15. In 1856 Lord Dalhousie left India for ever. He had alarmed Anglo-Indians of the old school by his energetic promotion of moral and material progress without regard to the ignorance or prejudices of the Asiatic populations; but besides his grander measures, he carried out a thousand and one smaller reforms which to this day are felt and appreciated by Asiatics as well as by Europeans. It was Lord Dalhousie who introduced cheap postage; who caused Calcutta to be lit with gas; who purified the south-west breezes of fever and malaria by clearing the jungles of the Sunderbunds; who sat by the cradle of the new legislative council of 1854, and thus nourished the earliest germ of representative government which British rule had planted in India. In a word, Lord Dalhousie prepared the way for that great measure which will be told in a future chapter, namely, the transfer of the government of India from the East India Company to the British Crown.
Lord Canning 1856-62. War with Persia, 1856-7.
§16. Lord Canning succeeded Lord Dalhousie in 1856. To all outward appearance there was no cause for alarm in any part of India. Persia had again laid siege to Herat, as she had done in 1837; but the British government had come to an understanding with old Dost Mohammed of Cabul, and had given him money and arms. A mission was sent to Candahar under Major (now Sir Peter) Lumsden. A British expedition was sent to the Persian Gulf under Sir James Outram, and captured Bushire. Eventually Persia withdrew her pretensions as regards Herat, and peace was concluded in March, 1857.
Status of the "king" at Delhi.