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Civil Disobedience in Indian Tradition, with Some Early Nineteenth Century Documents c5.s1: II

Civil Disobedience in Indian Tradition, with Some Early Nineteenth Century Documents c5.s1

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English

Contents

II

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Before we proceed further, it may be useful to make a brief reference to the way in which the governance of India was organised in the late eighteenth and the early nineteenth centuries.

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Contrary to popular opinion, from 1784 onwards (if not from an earlier date), the East India Company hardly played a major role in decisions made in England about India. The job of decision making and, in many instances, even the first drafting of the more crucial detailed instructions from 1784 onwards became a responsibility of the Board of Commissioners for the Affairs of India, set up by an Act of the British legislature and composed of members of government, and was painstakingly executed by this Board till 1858. The change which 1858 brought was the elimination of the essentially clerical role of the Company and the entrusting of this task also to an expanded establishment in the office of the Board and styling the whole thenceforward as the department of the Secretary of State for India.

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The supreme head of British administration in the Bengal Presidency was the Governor-General-in-Council, who functioned through the several departments of Government, initially constituted in 1785 on instructions from the Board of Commissioners for the affairs of India. The Secret, the Political, the Military, the Public, the Revenue, and the Judicial were the major departments, all operating from Fort William (i.e. Calcutta). The Governor-General-in-Council (in the absence of the Governor-General, the Commander-in-Chief acting as president) met on specific days in the week to transact business in the particular department and the decisions and orders made were conveyed to the concerned subordinate bodies or individuals by the secretary of the concerned department who attended the council and maintained its records. Besides these departments, the instructions of 1785 had also established several Boards, subordinate to the Governor-General-in-Council, usually each of these presided over by a member of the Council, to direct and superintend some of the more extensive activities of Government. The Military Board and the Board of Revenue were the two most important amongst these subordinate Boards. (Corresponding arrangements had also been instituted in 1785 in the Madras and Bombay Presidencies.)

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At this period, the job of the district ‘collector’ (in Bengal, Behar, Benares, etc.,) was mainly concerned with matters relating to revenue assessment and collection while the superintendence of the police and the performance of law and order functions were exercised by a separate official termed the ‘magistrate’ of the particular district. Ordinarily, the collector corresponded with and received his instructions from the Board of Revenue. The magistrate on the other hand corresponded with and received his instructions directly from the Governor-General-in-Council in the Judicial Department. Both the collector and the magistrate were independent and supreme in their respective spheres within their jurisdictions. It appears, however, from the nature of their respective links with the supreme presidency authority that the magistrate at this period had a slight edge over the authority of the collector. Benares, and perhaps many 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 through in the documents included in this volume.

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The documents in this volume, consisting of the correspondence between the various governmental authorities (These documents however do not include any correspondence on the subject of this narrative, if any such exists, between the court of appeal and circuit or the military authorities in Benares, etc., on the one hand and the Government or the Military Board at the presidency on the other.), describe a now mostly forgotten civil disobedience campaign carried out by the people of Benares, Patna, Sarun, Moorshedabad, and Bhagalpur against the British authorities during 1810-11. This is the best documented pre-Gandhian non-cooperation and civil disobedience campaign thus far uncovered. For this reason, it is being treated at some length in the pages that follow.

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In 1810, on the instructions of the directing authorities in England, the Government of Bengal (Fort William) decided to levy a new series of taxes in the provinces of Bengal, Behar, Orissa, Benares and the Ceded and Conquered territories (these latter now constitute part of Uttar Pradesh). One of these, recommended by its Committee of Finance, was a tax on houses and shops. This tax was enacted on October 6, 1810 by Regulation XV, 1810. According to its preamble, the Regulation 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 provided for a levy of ‘five per cent on the annual rent’ on all dwelling houses (except the exempted categories) built of whatever material, and a levy of ‘10 per cent on the annual rent’ on all shops. Where the houses or shops were not rented but occupied by the proprietors them- selves, the tax to be levied was to be determined ‘from a consid- eration of the rent actually paid for other houses (and shops) of the same size and description in the neighbourhood.’

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The exempted categories included ‘houses, bungalows, or other buildings’ occupied by military personnel; houses and buildings admitted to be ‘religious edifices’; and any houses or shops which were altogether unoccupied. The tax was to be collected every three months and it was laid down that when it remained unpaid ‘the personal effects of the occupant shall in the first instance be alone liable to be sold for the recovery of the arrear of tax.’ Further, if some arrear still remained ‘the residue 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 judges’ were ‘authorised to impose a fine’, the amount depending on the circumstances, etc., of the applicant, on all those whose appeals ‘may prove on investigation to be evidently groundless and litigious’.

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The collector of the district was ‘allowed a commission of five per cent’ on the net receipts. Incidentally, such a commission accorded to the collectors was not unusual at this time. The collectors received similar commissions on net collections of land revenue.

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The total additional revenue estimated to arise from this tax was rupees three lakhs in a full year. Comparatively speaking, this was not very large. Of the total expected receipts from the various new or additional levies enacted around this time, the house tax was to contribute around ten per cent. In relation to the total tax revenue of the Bengal Presidency for 1810-11 (Rs. 10.68 crores), most of it derived from the rural areas, the house tax amount was insignificant. But taken along with the other levies imposed about this time, large portions of which fell on the urban areas, this tax became a rallying point for widespread protest.

Events at Benares

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The protest begins at Benares. As Benares was then the largest city in northern India and possibly the best preserved in terms of traditional organisation and functioning, this was most natural. Also it may have been due to the Benares governmental authorities being more prompt in taking steps towards enforcing the house tax.

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The following were the main arguments against the levy of the tax, as they emerge from the documented correspondence, and from the petition of the inhabitants of Benares (rejected by the court of appeal and circuit, partly because its ‘style and contents’ were ‘disrespectful’)²³:

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(i) Former sooltauns never extended the rights of Government (commonly called malgoozaree) to the habitations of their subjects acquired by them by descent or transfer. It is on this account that in selling estates the habitations of the proprietors are excepted from the sales. Therefore the operation of this tax infringes upon the rights of the whole community, which is contrary to the first principles of justice.

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(ii) It is clear that the house tax was enacted only for the purpose of defraying the expenses of the police. In the provinces of Bengal and Behar, the police expenses are defrayed out of the stamp and other duties, and in Benares the police expenses are defrayed from the land revenue (malgoozaree). Then on what grounds is this tax instituted?

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(iii) If the Shastra be consulted it will be found that Benares to within five coss round is a place of worship and by Regulation XV 1810 places of worship are exempted from the tax.

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(iv) There are supposed to be in Benares about 50,000 houses, near three parts of which are composed of places of worship of Hindoos and Mussulman and other sects and houses given in charity by Mussulman and Hindoos. The tax on the rest of the houses will little more than cover the expenses of the Phatuckbundee. Then the institution of a tax which is calculated to vex and distress a number of people is not proper or consistent with the benevolence of Government.

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(v) There are many householders who are not able to repair or rebuild their houses when they fall to ruin and many

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who with difficulty subsist on the rent derived therefrom, how is it possible for such people to pay the tax?

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(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 imposts which have progressively increased.

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(vii) It is difficult to find means of subsistence and the stamp duties, court fees, transit and town duties which have increased tenfold, afflict and affect everyone rich and poor and this tax like salt scattered on a wound, is a cause of pain and depression to everyone both Hindoo and Mussulman; let it be taken into consideration that as a consequence of these imposts the price of provisions has within these ten years increased sixteenfold. In such case how is it possible for us who have no means of earning a livelihood to subsist?

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The authorities of Benares appear to have been the first in implementing the house tax regulation. Possibly, this promptness resulted from their being better organised with regard to civil establishment as well as military support. Whatever the reasons for their speedy compliance within a mere seven weeks after the passing of the regulation the collector of Benares, as the authority responsible for levying and collecting the house tax, started to take detailed steps towards the regulation’s enforcement. On November 26, he informed the acting magistrate of the steps he was taking to determine the assessment on each house and requested him to place copies of the regulation in the several *thanas* for general information. He further requested the magistrate for police support for his assessors when they began their work in the *mohallas*. On December 6, the collector gave further details to the magistrate and requested speedy assistance from the *thannadars* etc. The acting magistrate replying to the collector on December 11, informed him of the instructions he had issued but stated that 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 house-holders be opposed to your officers in the legal execution of their duties, I shall, of course, upon intimation from you, issue specific instructions to the officers of police to enforce acquiescence.’ (pp.59-60) (Page numbers here, and on the following pages, refer to the page numbers od documents reproduced later in this volume.)

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The assessment having started, and meeting with instant opposition, the acting magistrate thus wrote to the Government at Calcutta on December 25:

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I should not be justified in withholding from the knowledge of the Right Hon'ble the Governor-General-in-Council, that a very serious situation has been excited among all ranks and descriptions of the inhabitants of the city by the promulgation of Regulation XV, 1810. (p.60)

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After giving the background he added:

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The people are extremely clamorous; they have shut up their shops, abandoned their usual occupations, and assembled in multitudes with a view to extorting from me an immediate compliance with their demands, and to prevail with me to direct the collector to withdraw the assessors until I receive the orders of Government. With this demand I have not thought proper to comply. I have signified to the people that their petitions shall be transmitted to the Government but that until the orders of Government arrive, the Regulation must continue in force, and that I shall oppose every combination to resist it. By conceding to the general clamour I should only have encouraged expectation which must be eventually disappointed, and have multiplied the difficulties which the introduction of the tax has already to contend with. (p.61)

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Three days later, on the 28th, he sent another report:

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The tumultuous mobs which were collected in various places between the city and Secrole, on the evening of the 20th instant, and which dispersed on the first appearance of preparations among the troops, did not reassemble on the morning of the 26th and I was induced to hope that the people in general were disposed to return to order and obedience.

But in the afternoon the agitation was revived: an oath was administered throughout the city both among the Hindoos and the Mahommedans, enjoining all classes to neglect their respective occupations until I should consent to direct 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 they required. The Lohars, the Mistrees, the Hujams, the Durzees, the Kahars, Bearers, every class of workmen engaged unanimously

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in this conspiracy and it was carried to such an extent, that during the 26th the dead bodies were actually cast neglected into the Ganges, because the proper people could not be prevailed upon to administer the customary rites. These several classes of people, attended by multitude of others of all ranks and descriptions, have collected together at a place in the vicinity of the city, from whence they declare nothing but force shall remove them unless I consent to yield the point for which they are contending. (p.62)

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On December 31, the acting magistrate further reported:

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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. Such appears to 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 but even ejectment from his caste. (p.64)

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The 'conspiracy' continued despite all efforts of the authorities. In the meantime the acting magistrate had written to the collector, as well as to the senior judge of the court of appeal and circuit who was said to have had much influence on the Rajah of Benares and other 'principal natives', to return immediately from their tours. The collector returned on January 1, 1811 and the following day he too reported to the Government at Calcutta. The acting magistrate submitted:

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The combination formed against the introduction of the house tax becomes daily more extended, and has assumed a very serious appearance. The people continue to desert the city, and collect in increasing numbers at the spot, where they have resolved to remain in expectation of the orders of Government: no assurance on my part or on the part of the civil authorities at this station, has the slightest effect.

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There is too much reason to apprehend that this combination extends throughout the province. The Lohars, who originally assembled for another purpose, soon took a principal part in the conspiracy and have collected here in great numbers from all parts of the province. The inconvenience suffered in consequence by ryots, threatens serious impediment

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to cultivation, and multiplies the number of the discontented. At the same time, the people are integrated to persevere by the notion which prevails, that the inhabitants of other cities have engaged to conform to the issue of the struggle at Benares. (p.66)

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On the same day, the collector further elaborated on the foregoing. He wrote:

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I am given to understand that considerably above 20,000 persons are sitting (it may be called Dhurna) declaring that they will not separate till the tax shall be abolished. Their numbers are daily increasing from the moffusil whence each caste has summoned its brethren and adjured them to unite in the cause. If one party be more obstinate and more determined upon extending the mischief than another, the Lohars, or blacksmiths, may be so charged, for they were not only the first to convoke the assembly of their near brethren but they have far and wide called upon other Lohars to join them with the intent that no implement of cultivation or of harvest (which is fast approaching) be either made or mended, and thus that the zamindars and ryots may be induced to take part with the malcontents, in short, that the whole of the country shall directly or indirectly be urged to insist on the repeal of the tax.

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With these Lohars, almost all other castes, sects and persuasions are in league and I am informed, under a most binding oath amongst each other.

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At present open violence does not seem their aim, they seem rather to vaunt their security in being unarmed in that a military force would not use deadly weapons against such inoffensive foes. And in this confidence they collect and increase knowing that the civil power cannot disperse them, and thinking that the military will not. (p.71)

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Referring to the links which the protest had with other towns he stated:

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I have learnt from good authority that the inhabitants of Patna have written to Benares to the effect that they shall be guided by these. That being more numerous, the Benares city is better able to make exertions against the tax and if it shall succeed in procuring abrogation the city of Azimabad would become exempted of course: in like manner if the Benares city submits that Patna will immediately follow its example. (p.73)

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By January 4, the situation seems to have quietened down and the acting magistrate had begun to be pleased with the result of the steps he had taken of exerting his pressure on the landholders to recall the Lohars and by the assistance he had received from a few of the ‘principal inhabitants’. Yet he felt:

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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, continue unalterable in their resolution, and encourage the multitude to persevere by every kind of artifice and persuasion. The principal people of every class are compelled to eject all those who are detected in attempting to withdraw from the combination. They also send forth spies in all parts of the city to seize the delinquent and I have apprehended many employed upon the service. I have of course inflicted upon such persons very severe punishment, but it does not deter others from committing similar outrages. (p.68)

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By January 8, the situation appeared really to have changed to such an extent that it made the acting magistrate report ‘with the greatest satisfaction’ that the ‘inhabitants of this city begin to be sensible of the inutility and danger of continuing in a state of insubordination to the authority of Government.’ Explaining the circumstances of the ‘alarming situation’ which he thought he had overcome, he stated:

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The people of all 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 they seemed to increase daily in numbers and resolution. They employed emissaries to convey a Dhurm Puttree to every village in the province, summoning one individual of each family to repair to the assembly at Benares. Several thousand Lohars, Koonbees, and Korees, were enticed from their houses, and collected here by the excitement. At the same time, the inhabitants continued to withdraw from the city, and even those who were unwilling were compelled to abandon their pursuits, to avoid the opprobrium and punishment denounced against all and inflicted upon many, who declined joining in the conspiracy. The individuals of every class, contributed each in proportion to his means, to enable them to persevere, and considerable sums of money were

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thus raised for the support of those, whose families depended for subsistence on their daily labour. (p.69)

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He further explained:

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The multitudes thus assembled were abundantly supplied with firewood, oil, and provisions, while nothing in the city except grain was procurable. The religious orders exerted all their power over the prejudices of the people to keep them unanimous, and the combination was so general, that the police were scarcely able to protect the few who had courage to secede, from being plundered and insulted. (p.69)

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Referring to the role of the mullahs (boatmen) he added:

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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 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 length to deter others from incurring the consequence of similar offences. (p.70)

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He ended with a reference to the additional factors of ‘fatigue and privations which began to be felt seriously by all’ and of the effect of his advice that ‘it is only by dispersing that the people can expect indulgence from the Government.’ He concluded his report by stating that he had ‘little doubt that in the course of a few days this combination, now no longer formidable, will be totally dissolved.’ (p.70)

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By now the reports of the earlier situation had reached the Government at Calcutta. The event was first noticed by the Governor-General-in-Council on January 5, when after acknowledging the receipts of the reports up to December 31 as well as the petitions which had been received from Benares, 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 general policy.’ After approving the measures taken by the acting magistrate, the letter from Government added:

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You will of course take the same opportunity of impressing on their minds the serious evils, which they are liable to

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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 indulgence and to protect them in the enjoyment of every right, the Governor-General-in-Council never can yield to lawless combinations or to attempts made to enforce a compliance with their applications by tumultuary meetings and proceedings. (p.74)

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The ‘reasonable indulgence’ to be afforded was that the people ‘should be relieved’ from the Phatuckbundee which they contributed, collected and defrayed for the repair of gateways and the payment of chokeydars on their own volition and according to their own arrangements, and that its expenses in future ‘should be defrayed from the general resources of Government.’ News of this indulgence was to be conveyed to them after consultation and appropriate arrangements with the military authorities, simultaneously to the conveying of the sentiments expressed in the foregoing passage.

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On the receipt of the report of January 2, which pointed out the seriousness of the situation, the Government sent further instructions on the 7th about the manner of the use of the military force. Feeling ‘that a proclamation issued by the direct authority of the Government itself may be of service in reclaiming the people’ or in ‘appraising them of the evils which they may bring upon themselves by a further perseverance in those lawless measures’, it enclosed a proclamation leaving the discretion about the time of its use to the Benares authorities. 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:

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It is with deep concern that the Governor-General-in-Council feels himself obliged to warn the refractory part of the community of the serious evils, which under the foregoing orders, they are liable to bring upon themselves by a further perseverance in their present seditious conduct. The disposition of the Government to attend to all reasonable applications and to afford equal protection to all classes of people is universally acknowledged but it never can be induced to forego what it has deemed a just and reasonable exercise of its authority in consequence of unlawful combination and tumult. (pp.76-7)

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Between January 7, the date of the proclamation, and January 11 (as reported in their Revenue letter of February 12, 1811 to the directing authorities in England), it appeared to the Governor-General-in-Council ‘on mature consideration that the tax was susceptible of some modifications as calculated to obviate any just grounds of complaint on the part of those classes of the people, who from their situation in life, were most liable to be affected by its operation.’ Consequently, on receipt of the somewhat encouraging report of January, 4 from the magistrate, the Government through their two letters of the 11th drew the attention of the Benares authorities to the section pertaining to religious edifices and further decided to exempt the ‘dwellings of the lowest orders of the people’ whose ‘produce from the very inconsiderable value of the buildings could not be an object to Government.’ With regard to the conveying of the news of these indulgences to the people it added:

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Previously to communicating the present orders to the different classes of the people, who may be benefitted by their operation you will naturally consider in what mode it can be done, without compromising the public authority or weakening the sentiments of respect which it is so essential that the community should feel, especially at the present juncture, for the Government. (p.79)

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The instructions in conclusion added:

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His Lordship-in-Council would hope that the people may have shown themselves deserving of the indulgence proposed to be extended to them by the relinquishment of their late seditious and criminal designs and by a just submission to public authority. (p.79)

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Government orders of January 5, wholly rejecting the petitions, were communicated to the people of Benares on the 13th. From the 14th ‘people began again to collect together.’ By now the Government proclamation of the 7th had reached Benares and ‘thinking that it would be of service in reclaiming the people from their unjustifiable proceedings’, the acting magistrate, as he reported to Government on the 18th, ‘proposed to publish it.’ The officer commanding the troops however ‘did not consider himself in a state to afford’ the support required till he had received reinforcements from Lucknow. By now the orders of Government of the 11th (excusing religious edifices, etc., from the payment of the tax) had also reached the Benares authorities, but the acting magistrate felt: ‘As long as the people persevere in these unjustifiable proceedings, they are totally undeserving of indulgence, and it is impossible to communicate to them the benevolent intentions of the Government.’ (p.81)

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Two days later, on the 20th, the magistrate reported ‘little alteration’ in the situation and saw ‘little reason to hope for any very favourable change.’ He was anxious for the additional force to arrive, so that he ‘may carry into effect the orders of Government’ particularly as he felt, ‘it becomes everyday an object of greater importance to disperse the people, and compel them to put an end to their seditious and unwarrantable proceedings.’ He further added:

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I cannot but feel very forcibly, that such a state of things being permitted to continue in defiance of public authority, has already weakened, and weakens daily still more and more, those sentiments of respect, which it is so essential that the community should entertain for the government of the country. (pp.85-6)

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In the same letter he reported:

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Soon after the resolution of Government not to rescind Regulation XV, 1810 was promulgated, inflammatory papers of the most objectionable tendency appeared placarded about the streets. I have the honour to enclose copies of two of these papers to be laid before the Government. I have offered a reward of 500 Rs. for every man on whom such a paper may be found, and hope that this will not be thought more considerable than the nature and exigency of the case required. (p.85)

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The massive measures taken by the authorities had, however, begun to erode the unity and confidence of the people and the despondency of the magistrate was rather misplaced. Within a few days of the foregoing report, the impact of the various efforts of the Benares authorities became apparent. As the magistrate reported later, the people had proposed ‘to proceed in a body to Calcutta, through all the cities subject in common with themselves’ to the house tax, and that, ‘they determined that the proprietor of every house in the city should either go himself, or send a person to represent him, or contribute, in proportion to his means, to defray the expenses of those who might be disposed to go.’ But he explained:

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When it came to the point, few were found disposed to undertake a journey on which they were likely to be obstructed, nor were they willing to contribute to promote a

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scheme, the object of which, they were fully convinced, would never be accomplished. (pp. 86-7)

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Meanwhile, another petition, presented this time to the court of appeal and circuit, brought the verdict:

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This petition has been presented on the part of the people who are determinately engaged in mobs and assemblies contrary to the regulations, which is highly improper, also the style and contents of this petition are disrespectful which is an additional reason for not allowing of it. (p. 90)

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All these developments, according to the magistrate, led to dissension, withdrawal of support and consequently to a general breakdown of the people's morale. In such a situation the services of some 'old and faithful public servants' created further embarrassments for the people and ultimately made them seek, through the medium of the Rajah of Benares, 'the indulgence of the Government.' Yet though the people had been humbled, the situation was far from normal. The acting magistrate in his report of January 28, therefore, suggested 'a general pardon', particularly 'as the hearts of every man in this city are united with them' and as 'enough perhaps had been already done for the support of the public authority.'

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Taking note of the report of the acting magistrate, the Government on February 4, expressed its 'great satisfaction' at the submission of the people, gave highest approbation to the conduct of the acting magistrate; decided to bestow *khelauts* on persons who had supported the Government cause; and agreed to the suggestion of the magistrate that the Phatuckbundee should remain undisturbed and in place of the earlier order of Government, remission of an amount equal to its collection may be allowed from the assessment of the tax on houses and shops to those who contributed to the Phatuckbundee. Disagreeing with the general pardon suggested by the magistrate, the Government stated:

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The Governor-General-in-Council 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 Lordship-in-Council is of opinion, that public justice and obvious expediency of preventing by seasonal examples the recurrence of such evils in future, require that the persons, who have been chiefly instrumental in exciting the late disturbances, should be regularly brought to trial for that offence. (p. 91)

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At the same time, it instructed the acting magistrate that ‘the prosecutions need not be numerous.’

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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 forwarded to the Government a petition, presented to him by the Rajah of Benares in the name of its inhabitants. This he described as an ‘ultimate appeal’ by means of which the petitioners, in the words of the petition, ‘present themselves at last before His Lordship-in-Council’ and ‘humbly’ represented that disobedience ‘was never within our imagination.’ Instead, they added, ‘in implicit obedience’ to the proclamation of the magistrate of January 13 ‘as to the decree of fate, we got up, and returned to our homes, in full dependence upon the indulgence of the Government.’

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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, on February 23, to the Rajah and principal inhabitants of 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.’

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The people in general, notwithstanding their having submitted to the orders of Government ‘as to the decree of fate’ as stated in their petition submitted through the Rajah of Benares, did not share the magistrate’s view and exhortation. Nearly a year later, on December 28, 1811, the collector reported:

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At an early period I directed my native officers to tender to all the householders or tenants whose houses had already been assessed, a note purporting the computed rate of rent of each house, and the rate of tax fixed; and I issued at the same time a proclamation directing all persons who had objections of any nature to offer to the rates of rent or tax mentioned in such note to attend and make known the same that every necessary enquiry might be made and all consistent redress afforded. In the above mentioned proclamation, I fixed a day in the week for specially hearing such cases and repaired to the city for that purpose. 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 proceed as they pleased rigidly observing the rule to give no information or to answer any questions respecting the tax; in determination that they would not in anywise be consenting to the measure, that the assessors might assess and the executive officers of the tax might realise by distraint of personal or real property; they could not resist but they would not concur. (pp.99-100)

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But, as a consolation for the authorities the collector added:

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A few exceptions were found in some of the principal inhabitants of the city either in the immediate employ of Government or in some degree connected with the concerns of Government or otherwise individually interested in manifesting their obedience and loyalty. These persons waited on me and delivered in a statement of their houses and premises and the actual or computed rent of the same and acknowledged the assessment of tax.’ (p.100).

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Yet such exceptions did not seem to console much and in concluding his report, the collector ‘strenuously’ urged ‘as an indispensable measure of precaution, that no collection be attempted without the presence of a much larger military force than is now at the station. (p.101)

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Such withholding of concurrence and cooperation was apparent even earlier in February. While forwarding the ‘ultimate appeal’ of the inhabitants, the acting magistrate had stated:

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I believe the objection which they entertain against the measure in question, is pointed exclusively at the nature and principle of the tax, and not in the least at the rate of assessment by which it will be realised. The inhabitants of this city appear to consider it as an innovation, 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 principle of it extended so as to affect everything which they will call their own. Under the circumstances, I fear, they will not easily reconcile themselves to the measure. (p.93)

Events at Patna

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Now to turn to the other towns. As stated by the Benares collector in his letter of January 2, the inhabitants of these other towns seemed to have been watching the events at Benares. On January 2, the magistrate of Patna forwarded 12 petitions regarding the house tax from the city’s inhabitants, the Government informing him on the 8th of their rejection, but cautioning the magistrate to use ‘gentle and conciliatory means’ in stopping the inhabitants from convening meetings or petitioning ‘while the discussion is depending at Benares.’ It however instructed him to use the various means he possessed under his general powers and instructed him to report without delay to Government any ‘tumultuary meetings’ or ‘illegal cabals.’

Events at Sarun

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A week later (January 9) it was the turn of the Sarun magistrate to write to Government; he not only forwarded a petition from the inhabitants but stated:

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When the collector deputed assessors to arrange the assessment a still greater degree of alarm was created; and notwithstanding all I could do all the shops of every description were actually shut up, and there was every indication of some very serious disturbances taking place. (p.103)

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Explaining his reasons for suspending the making of the assessment, he added:

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As there is no military force at this place, and I was apprehensive of acts derogatory to the authority of Government being committed, I was induced to request the collector to suspend the arrangement of the assessment till I could receive instructions from Government. (p.103)

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The instructions from Government ‘that no encouragement may be given to the inhabitants of Sarun to expect any general relinquishment of the tax’ except what had been determined as modifications on January 11, were sent on January 18. The Government further observed:

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The Governor-General-in-Council is unwilling to believe that the inhabitants of Sarun will attempt to offer any open resistance to the establishment of the tax. (p.104)

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Notwithstanding such belief it directed:

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Should circumstances however render it actually necessary, you will of course apply to the officer commanding the troops at Dinapore for such military force as may be requisite to support the public officers in giving effect to the regulations and orders of Government. (p. 104)

Events at Moorshedabad

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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:

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Rumours of a combination among the principal merchants to avoid, rather than oppose the tax, by withdrawing from their houses, reached me some days ago. The plan was carried into execution by some of the leading men, and by more of inferior note, but I am happy to add, that I have prevailed on them to return to their houses. (p. 105)

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Finding 'that the disposition to leave the city was gaining ground,' he wrote, 'I have deemed it my duty, objectionable as the language is, to forward' the petition, and 'in return for this concession those Mahajans who had taken up their residence in the fields, promised to return to their homes.' The objectionably worded petition stated:

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By the blessing of God, the English Gentlemen know, that no king of the earth had oppressed his subjects, and the 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, so much so, that not one half of the inhabitants remain...The oppression of the Town Duties and Customs is so great, that property of the value of 100 Rs. cannot be purchased for 200, the rate of duty is increased two-fold and even fourfold, and if any one wish to remove property from the city to its environs, he cannot do it without the payment of a fresh duty...Fourth, order has been passed for levying a tax on houses and shops, which is a new oppression...the order of the Government has in truth struck us like a destructive blast. (pp. 106-7)

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Concluding his report, the magistrate added: The discontent caused by the house tax is, I am convinced to add, very deep and very general, for it extends over all ranks and descriptions of people.’ He therefore solicited the Government’s instructions ‘in the event’ of ‘its breaking out into a ferment.’

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There seems to have been no actual breakout of the discontent as feared by the magistrate of Moorshedabad. But as revealed at the time of the events in Bhagalpur, neither was there any collection of the tax anywhere till seven months later. On October 19, the subject was reopened for another consideration through a letter to the Government from a retiring senior member of the Board of Revenue who simultaneously operated as secretary to the Judicial and Revenue Departments and was a party to all the foregoing orders and instructions being issued under his signature. Referring to the house tax, he wrote:

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From the experience hitherto obtained on the subject, it appears clear that the tax cannot be an object to Government except at the city and suburbs of Calcutta. At other places, (at least at the cities) I am led to believe, from all that I have heard on the subject, that a considerable degree of irritation still prevails on account of the tax, and that years must elapse before that irritation will altogether subside. (p.143)

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Consequently, as this implied ‘the sacrifice of 2 or 3 lacs of rupees’ only, he suggested the discontinuation of the tax to ‘conciliate the affection of the large bodies of people.’ The suggestion was accepted by the Government on October 22, and it informed the Board of Revenue:

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The Vice-President-in-Council is satisfied at the expediency of abrogating the tax on houses established by Regulation XV, 1810 and with 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 where it may have been commenced be stopped, with exception however of any places at which commotions originating in a resistance to the operation of the tax, may exist at the period of the receipt of the present orders. (p.144)

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It further called for reports from the district collectors on the situation in their districts to be submitted to the Government, ‘who on the receipt of them will pass orders for the final abrogation of the tax, unless the existence of any open oppositions should render it necessary either wholly or partially to enforce the collection of it.’

Events at Bhagalpur

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Great opposition to the tax was however manifested in Bhagalpur at this time. On October 2, the collector of Bhagalpur reported:

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The day before yesterday, being Monday, the 30th September, the collection was to have commenced but on the appearance of the *tahsildar*, they one and all shut up shops and houses. Yesterday, the officers of Government were unable to make any progress in their business, and in the evening while I 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 complaints of the hardness of their situation, and clamorously declared their inability to pay the tax. (p. 109)

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This was further corroborated by the magistrate, in his letter to Government on the following day. After detailing the facts of the shutting of the shops, the magistrate stated:

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I consequently yesterday morning summoned the principal people before me and explained to them the impropriety of their conduct and how useless it was for them to resist the orders of Government. They however declared in a body that they would give up their houses, and leave the town, but never would consent voluntarily to pay the tax, the nature of which had not even been explained to them. (p. 112)

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The magistrate, however, added that notwithstanding their opposition, 'they were ready to pay it whenever the collections should commence at Moorshedabad', or any adjacent zillah and he, therefore, deemed it advisable to ask the collector to suspend the collection for a few days. The collector resenting the interference of the magistrate, and thinking that the magistrate's setting 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', sought the guidance of the Government. The Government in its deliberations on the subject of October 11, concurred with the collector and expressing its 'disapproval' of the conduct of the magistrate felt that the steps he had taken in suspending the collection of the tax was 'naturally calculated to excite a combination among the inhabitants of Bhaugulpore, and the inhabitants of Moorshedabad, Patna and other places.' It ordered the magistrate to ‘withdraw the order forthwith’ in ‘the most public manner possible’ and ‘to afford every aid and support to the collector’ in ‘regard to the collection of the house tax.’ (pp.113-4)

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The order reached Bhagalpur around October 20. At 10 p.m. on the 21st, the collector informed the Government:

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I am sorry to acquaint you that in carrying into execution the collection of the house tax I was this evening most grossly assaulted in my carriage. Bricks, stone and every description of offensive missile was hurled at my head.

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I am most severely cut in my face, and in my head: and had I not affected my escape into Mr. Glass’s house, nothing on earth could have saved my life. (p.114)

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The account of this particular incident as reported by the magistrate and by his assistant, the later acting magistrate, was wholly different. In his letter of November 15, the magistrate stated that he had ‘every reason to believe (and this is also the opinion of the other gentlemen in the town), that had he [i.e. the collector] not irritated the mob, by flogging them, the assault never could have taken place’, and further that the collector ‘deviates from the truth’ when he stated to the Government that ‘he was assaulted in carrying into execution the collection of the house tax.’ Such statements at this stage, however, appeared to the Government ‘as taking advantage of a mere inaccuracy of expression employed in the preparation of a hurried and urgent despatch.’

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Even the belated recognition of ‘a mere inaccuracy of expression’ did not exist on the day the Government at Calcutta received the express communication of the collector reporting the assault on himself ‘in carrying into execution the collection of the house tax.’ It immediately adopted a detailed resolution 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 ‘necessary precautions for the maintenance of the public peace and for the due support of the collector’ with ‘regard to the collection of the house tax.’ It further decided, as it informed the directing authorities in England on October 29, 1811, ‘to depute an officer of greater firmness and activity to take charge’ of the magistrate’s office and desired the person so deputed to ‘make it an object of his particular attention to enforce payment of the tax.’ This direction, incidentally, as stated previously, had four days earlier been preceded with the Government’s view of the expediency of abrogating the tax. Finally, it requested the military authorities to arrange the sending of additional military force to Bhagalpur ‘with the view of supporting the collector and the officers of police in the discharge of their public duty’, if felt necessary by them.

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The resolution of the Government was of little consequence to the immediate events at Bhagalpur, as it did not reach the local authorities before the people’s protests were put down. Yet the overcoming or crumbling of ‘opposition or resistance’ had caused considerable headache and anxiety to the local authorities. Some of it arose from the divergent views held by the collector and the magistrate about how to handle the situation: the collector stood for effective and ‘vigorous effort in support of the authority of Government’, while the magistrate, who had actual responsibility for police and military action, tended to follow a quieter and somewhat less violent course.

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