The Sun.
London, England, 1857-12-08 00:00:00

RELIGIOUS WORSHIP ACT AMENDMENT
BILL.

The End of SHAFTESBURY, noticing their lord-
ehipa' preoccupation with the affairs of India, said he
thought he should exercise a prop!r discretion in post-
poning his promised statement on this subj-iet until this
day (Tuesday).

INDIA.
THE ARMS AND TRESS ACTS.
The Earl of ELLENBOROUGH rose pursuant to
notice and said—The first motion I have to submit is

that there be laid upon the table of this house the Arms
Act which has been recently passed by the Legislative
Couacil of India. I believe the circumstances under

which that Act was passed are these :—There had been
a most unusual importation of arms into Calcutta, and
it appearel that the purchase of those arms had been
to a great extent made by natives. This naturally very
much alarmed the Europeans, inasmuch as they had he-
fore them the bad use which had been made of arms by

natives in all parts of the country, as there was reason
to suppose that there existed a combination to massacre
all the Europeans in Calcutta, and as moreover there
were present in that place 1,000 or 1,500 persons,
natives of Oude, who were servants of the King of Oude.
Under these circumstances it was very naturally sug.
gested to the Government that it would be desirable to
di.arm the natives in Calcutta for the security of the
Esiropeane, who are few in number, and had but a small
military force for their protection. The Government
declined, but said they would produce an Arms Act,
and that is the act which I wish to see and to have placed
before you. The Act, as I understand, adhering to a
principle very recently attempted to be introduced into
the legislation of India, places the Europeans and the
natives—the persons who abase arras for the purpose of
destroying us, and the Europeans who wish to have arms
for their protection—on exactly the same footing ; and
it went to this extent, that Europeans were not to be
p issessed of arms unless by the consent of a magistrate.
Now, in the Mofussil, that is in the provinces, the magis-
trates being to a great extent natives, the Europeans are
therefore compelled by the Act to go to persons of Cale
description, many of whom are suspected of being trai-
tors, and many of whom have really proved themselves
to be traitors, for permission to retain the arms necessary
' fir their protection. Now, my lords, my apprehension
is (the noble lord on the woolsack will correct me if I am
wrong) that, according to the Bill of Rights, we English,
being Protestant., are permitted to have arms for our
own defence. Wiq I Because at that time the Roman
Catholics were suspected of traitorous designs, and there
was a reason why Protestants should f .r their own safety
bear arms. Now, is there not a reason for confiding to
Europeans in India a eirniair privilege, and for excluding
under present circumstances the native population I Yet
at this moment the Government of India consider it ex-
pedient, in accordance with what they call a principle, to
place both these classes of persons on exactly the same
footing, and to subject Europeans to the disadvantage of
not being allowed to possess arms unless by theconsent of
a native magistrate, if they should happen to live in the
interior of the country. My lords, that resolution of the
a e tthNe Normans
themtia v
neEss Europeans
rf o
Saxonp ensa
India.
Legislative Council appears to me to rest upon a total mis-
apprehension not only of our position at the present mo-
ment,nEC le tire negja necessarily
ti.l:3°omn i must
n theest Indiamhou. sdt is position
wb ileti hk eAr.armed,eths4irespect
t n
of ftor
tnh years
e or it is impossible for us
to protect ourselves. Instead of bringing in a measure
subj -cting both English and natives to a law of this des-
scripeion, the law of India ought to be, that every
Englishman should be possessed of arms under a
penalty for neglect of the ordinance ; and, if a resident
in India, he should even be compelled to enrol himself in
some corps for occasional discipline and drill. It is
impossible for us to preserve in security the lives and
property of Europeans in India unless we, for a time at
least, assume the appearance cf an armed militia. My
lords, it is not surprising that this fatuity on the part of
the Government, acting upon a principle which never
population a very strong feeling of die-
can be adopted in India (least of all at the present time),
them.eigt(general
iI
pitorre ass
81
and subjecting our countrymen who are now fighting for
their lives to this indignity, produced throughout the
swahtiosifeactEtuornopaenadn disgust. Of course there can be no
objection to the production of this Act. But then there
is another Act, of which we have a copy, which was laid
upon the table of the house at a very late period of the
last session—l believe after I had discontinued attend-
ance here—l mean the Act relating to the Indian press.
We had laid before us at the same time the speech of
the Governor-General in proposing that Act, and also
some minutes of the Legislative Council in order to
explain the circumstances under which it was passed.
I wish your lordships distinctly to Before I say a word regarding this act for the seppres-
sion (for practically it is a suppression,
) of the English
press so India,
under-
stand the difference which exists between the press in
opinions
spermas 7ybibite
oifunpdtpieioffarnee'rsreteun(tf the people, and if they did not it
It.dia and the press at home. Is this country the
press is emphatically the press of the people of Erg-
land. It advocates their interests ; it is supported by
their readers that their object is the
they
endeavour
would be impossible for them to exist. A newspaper
must pay, and it cannot pay unless it relies for support
upon the masses by whom it is to be purchased and read.
But the press of India is in a totally different position.
ythtoe

In the first place there are two kinds of journal—native
and English. The English press is not the press of the
people of India. It is the press of the stranger, the
press of the Government,the press of the governing class.
It advocates their interests. I do not say that it may not
occasionally advocate also the general interest of the
country ; but that is not the particular object of the
English press; it is to represent the interests of those
by whom it is especially supported—the governing class,
and these interests the English journals have to support
in direct contradiction to the general interests of the
peop!e of India. The native press, on the other hand—
erroneously as we thick, traitorously as it has lately
seemed—take up what it conceives to be the cause of the
p opulation generally, and is opposed to the personal in-
terest of the governing classes. Being published in the
English language the English press is perfectly innocu-
ous as regards the people of India until the articles it
contains are translated. Meanwhile it has no more
influence on the people of India than the English jour-
nals would have upon the people of this country if they
were published in Greek or Latin. On the other hand,
the native press has no influence whatever upon us, for
by ns it is not read. However, there can be no doubt
that, although upon the people of India the English
press can have effect whatever until its articles are trans-
lated and have received a general circulation through
tit native press, the native princes Chid I think probably
all the more considerable persons in India) obtain for
themselves, as I have been informed, not through the
European press of India, but directly from this country,
translati ens of all the articles relating to the interests of
India which appear in the English newspapers. That
source of information may and must remain open under
all circumstar ces, whether it produces benefit or mischief.
Now, there can be no doubt that the state of things in
India was serious—there had been mutinies—more mu-
tinies were expected—those mutinies had assumed the
character of revolution—there was so much appearance
of danger—that I do think the Government was perfectly
justified in considering whether it would not be necessary
to restrain the indiscretion of the press in publishing that
which might be injurious to the public service. My
lords, I k now there are several points on which thst indis-
cretion—l will use no harsher term—has assumed much
prominence. I think, there, nothing could be more
proper if the Government, entering into confidential com-
munications with the editors of all those newspapers
published at Calcutta bad distinctly stated their views
as to the danger of discussion upon particular topics in a
particular sense, and had ascertained whether the edi-
tors were willing to come into some arrangement re-
specting the publication of the newspapers, distinctly
intimating that if those gentlemen were not disposed to
acquiesce in the suggestion the Government would take
some course by way of legislation on the subject. No
such communication took place. The Governor-General
went down on the 13th of June to the Legislative Coun-
cil ; he made a speech ; he proposed a bill, and in the
course of the same day that bill became law. but by the
strangest inconsistency its operation did not commence
till after the lapse of 14 days ; so that all the dangers
which were depicted as arising from the disaffection of
the native press and the indheretion of the European
press were allowed to increase and to produce the mis-
chief which might be effected during 14 days of exasper-
ation, those days covering the 23d of June, the anniver-
sary of Plassy, which was considered the most dangerous
day for that country on account of the excitement of the
native mind. Now, let me inform your lordships what
the provisions of that Act were. First of all, no printing
press was to be kept without a license from the Govern-
ment, under a penalty of 5001. er two years' imprison-
ment, or both ; two years' imprisonment being death to
an European in India. Death I worse than death,
because including every suffering that can be inflicted
upon the body. Secondly, the Act conferred the power
of searching for and seizing unlicensed presses. Then
applications for licenses were to be granted under such
conditions, if any, as the Governor-General in Council,
or the Governor-General might think fit to prescribe,
and such licenses might be revoked at pleasure. The
conditions might be exactly whatever the Governor-
General chose. The Governor-General might, if he
thought fit, under this Act, require that there should
be a previous censorship, and very much bett'-r would
it have been if he had determined upon taking that
course, because a previous censorship, conducted with
intelligence would have alt igether prevented the mis-
chief apprehended from the indiscretion of the news-
papers. The course which has been adopted allows the
mischief, and only attempts to prevent it by punishment
subsequently to the issue of publications which may
have been injurious ; but I think in the state of real
danger which existed, that the censorship would have
been infinitely preferable to the course which has been
followed. The Act provides that, if the editor of a
newspaper agrees to certain conditions, the penalty for
violating such conditions shall be a fine of 500/. and two
years' imprisonment. It further provides that books,
&c., printed at a licensed press shall have the printer's
and publisher's names, and that c 'pies shall. be sent to
the ruagistrators. Besides this, the Governor-'2Teneral
may prohibit the circulation of any book, newspaper,
or print- d papr, wherever printed ; a id whoever know-
ingly imports, publishes, or circulates, or causes to he
publi-bed or circulated, any such ne vspaper or printed
paper, is liable to the penalty of 500/., or two years'
imprisonment. Now, these being the provd ions of the
Act, it is necessary to see what were the conditions
required from the editors. Those conditions were—
" That no book, pamphlet, newspaper, or other work,
shall contain any observations impugning the motives er
designs of the British Government, either in England or
India, or in any way tending to bring it ' into contempt,'
weaken its authority,' or that of its servants, civil or
military.'
" Nor anything havinz a tendency to create suspicion'
in the native mind of interference with their religion.

. -
" Nor to weaken thelfriondship of native Princes toward'

" The above conditions apply equally to original matter
and to matter copi Al from other publications."
Now, of these conditions I think that which requires
that nothing shall be published which has a tendency
to create suspicion in the native mind of inter-
ference with their religion, and also that which
requires that nothing shall be published which
may tend to weaken the friendship of native princes
towards us, are perfectly legitimate ; nor do I
understand that these conditions have in any case been
violated. I know my •elf the extreme danger which is
created by the circulation of opinions as if they were
the views entertained by the Government with respect
to native Powers. No one in my time ever threw the
slightest suspicion upon the views of the Government
with regard to the religion of the people ; but I know
well the danger of saying anything which may weaken
the friendship of the native princes. If that provi,ion
had not been introduced, or if the editors of newspapers
acting in conformity with the opinion of the Govern-
ment, had not ab-tained from publishing statements
which might have weakened the friendship of the native
princes, I really know not what might have been the
condition of our Indian empire at the present time. We
owe the safety of our communications in an extensive
district altqgether to the fidelity of the Rajahs of Rewah
and G Nalior ; but, if instead of abstaining from making
observations upon the conductof those princes, the ludian
ne vspapers had expressed doubts of their fidelity, and in
the spirit which too much animates persons in that cow' try
had expressed ahope that when our rule was re-,..stat•lished
there would be further and further annexations, I assure
you that every part of central India chiefs as wellas subjects
would have been in arms against UP. I therefore eat rely
agree with the Government in the necessity of making that
condition, and also in the necessity of making the coa-
-1 dition with respect to the religion of the natives ; but
observe how these conditions fail in meeting the require-
ments, which are equally, or nearly equally pressing,
and ho sr the Act its 4f and the condi:ions imposcd under

it go altogether beyond the necessity of the case. No
doubt inconvenience may result—under some circum-
stances there may be more than inconvenience—from the '
dissemination through the press in India of observations
tending to bring the Government of that country into
contempt. But the provisions of this Act are not con-
fined to the general conduct of the Government in
India, but they apply to the conduct of the Government
of this c.iuntry in so far as it affects the Indian empire.
All that the Government of India have to do is to pre-
serve their own safety, and to leave us to ourselves; but
instead of confining themselves to this object, they make
the penalties attach to any newspapers or books what-
ever, wherever printed, and also to newspapers which
republish papers printed elsewhere. Indeed, in a recent
case a newspaper was either warned or suppressed—l
don't remember which—for republishing in India an
article from a newspaper called the Press, published in
this country. Now, observe what the effect of this
provision really ie. This law prohibits the press of
India from speaking freely on the subject of the position
of Englishmen in that country, and also with reference
to the conduct of the Government there ; and, so far as
it can, it extends its coercion totbe press of this country,
for it provides for prohibiting the publication of anything
which has been puolished in England that may not suit
the views of the Government of India, and from the day
of such prohibition any English gentleman in India who
knowingly receives a book or a newspaper so prohibited
will be liable to a penalty of 5001 , and to two years'
imprisonment. Why, my lords, the things most injuri-
ous to the Government of India are the debates which
sometimes take place in this house —(cheers)---7such
debates as took place 'on the first day of this ses-
sion, and such as may be expected during its pro-
gress. Is nothing to be said during those debates
which is not laudatory of the Government here and
in India I Is nothing whatever to be said impugning the
conduct of the Government here, or the policy of the
Government of India / If, however, in any one of those
debates anything is said of such a nature, the Governor-
General may require that the English newspapers con-
taining them shall be taken to him, and, on finding
anything objectionable in the report of any speech in
either House of Parliament, be may prohibit the circula-
tion of such newspaper, and any gentleman who
knowingly receives the Times or the Daily News of a
certain date, after that prohibition, is subject to a
penalty of 5001. and two years' imprisonment. My
lords, I don't know whether it is the object of this pro-
vision, but certainly its effect, if fully carried out—and
from :he warning given to a newspaper for republishing
a paragraph from an English newspaper I have no doubt
it is intended fully to carry it out—its effect will be
to deprive us in this country of knowing through the
press what are the opinions of our countrymen in India,
and to deprive them of what is still more important, the
opportunity of knowing what we think of them. (aear,
hear.) It wills establish a system of mntual ignorance.
The Governor-General said, when he imposed the law,
that it was directed against the native press ; that the
native press bad published that which was injurious to
the State ; that he could not say the same of the English
press • but that he could not see any solid standing
ground on which a line might be drawn marking out
the difference between one and the other. That, again,
is following out the insane principle of treating in India
—and especially at the present time—natives and
Europeans upon the same footing. (Cheers.) But,
although the Governor-General may not have been abl9

8, 18N1

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