Published online by Cambridge University Press: 30 January 2019
This article explores the role of Indian petitioning in the process of consolidating British power after the East India Company's military conquest of Bengal in the late eighteenth century. The presentation of written petitions (often termed ‘arzi in Persian) was a pervasive form of state-subject interaction in early modern South Asia that carried over, in modified forms, into the colonial era. The article examines the varied uses of petitioning as a technology of colonial state-formation that worked to establish the East India Company's headquarters in Calcutta as the political capital of Bengal and the Company as a sovereign source of authority and justice. It also shows how petitioning became a site of anxiety for both colonial rulers and Indian subjects, as British officials struggled to respond to a mass of Indian ‘complaints’ and to satisfy the expectations and norms of justice expressed by petitioners. It suggests that British rulers tried to defuse the perceived political threat of Indian petitioning by redirecting petitioners into the newly regulated spaces of an emergent colonial judiciary.
The research for this article was funded by a National Endowment for the Humanities Summer Stipend, a Robert and Helen Appel Fellowship, and the Cornell University Department of History. I am very grateful to Philip Stern, Peter Marshall, Paul Friedland, and Nicholas Abbott for comments on earlier drafts, and to all the participants in the 2014 workshop on Petitioning and Political Culture in South Asia at the Centre for History and Economics at the University of Cambridge.
1 Letter from Charles Stewart to the Court of Directors, 11 October 1824, British Library, London (BL), India Office Records (IOR), J.1.39, f. 421.
2 Ibid., pp. 1, 4.
3 Stewart, Charles, Original Persian Letters and Other Documents with Facsimiles, William Nicol, London, 1825, pp. 4Google Scholar, 6, 14.
4 Petitions in early colonial Bengal were also presented in other languages, including Bengali and English. For some eighteenth-century examples of Bengali petitions, with English synopses, see Sen, Surendranath, Pracin Bangala Patra Sankalan (Records in Oriental Languages. Volume 1: Bengali Letters), Sri Saraswaty Press, Calcutta, 1942Google Scholar.
5 Ibid., pp. 18–19, 29.
6 Ibid., p. 62. The Mirat-ul-Istilah, an eighteenth-century Persian dictionary written by a Hindu munshi, make a similar distinction between ‘arzi (which ‘describes the circumstance with a request’) and ‘arzdasht, which was a form of letter or address written ‘by nobles to kings and by young ones to their elders’ or, more broadly, from inferiors to superiors, and was often adorned with red and gold lace. See Ahmad, Tasneem and Desai, Ziyaud Din A., Encyclopedic Dictionary of Medieval India. Mirat-ul-Istilah, Sundeep Prakashan, Delhi, 1993, p. 22Google Scholar. Though ‘arzi and ‘arzdasht seem to have been the most common Indo-Persian words for petitions in colonial era records, there were several other commonly used Persian terms with similar meanings, such as iltimas, darkhwast, and talab, and still other terms such as istighasat, shikayat, or mudda‘a, which carry more the sense of ‘complaint’ or ‘lawsuit’.
7 Stewart, Original Persian Letters, pp. 82–84.
8 For example, Chapter 7, ‘Letters to and from the Court of Persia’, began with a letter from the Safavid emperor Shah Abbas II to the Mughal prince Dara Shukoh from 1659, before including specimens of more contemporary correspondence between British and Persian officials. Ibid., p. 170. For adab, see Metcalf, Barbara (ed.), Moral Conduct and Authority. The Place of Adab in South Asian Islam, University of California, Berkeley, 1984Google Scholar.
9 This article follows contemporary sources, including Stewart's text, in defining the ‘petition’ or ‘arzee’, in broad terms, as encompassing a range of different forms of address that made a request or represented a grievance, though it focuses mainly on everyday forms of petitions, often also called ‘complaints’, presented to early colonial revenue offices (kachahris) and law courts (‘adalats). Stewart's distinction between administrative petitions made to revenue committees, Collectors, and magistrates, and ‘legal’ petitions used in the course of court cases reflected the greater differentiation of the ‘revenue’ from the ‘judicial’ branch of the Company government following Lord Cornwallis's judicial reforms in the 1790s. In the earlier period, so-called ‘judicial’ and ‘revenue’ powers were often united within the same administrative agencies (Collectors or committees) and it is therefore harder to draw a clear line between ‘judicial’ proceedings’ and other forms of bureaucratic petition, inquiry, and decree.
10 For a brief but highly suggestive account of Indian petitioning as a feature of early colonial politics in Bengal, which notes that ‘British officials were inundated with petitions’, see P. J. Marshall, The Making and Unmaking of Empire. Britain, India and America 1750–1783, Oxford University Press, Oxford, 2005, pp. 266–270. Two important recent studies have highlighted the role of Indian petitioning in the expansion and consolidation of British power in South India. Brimnes, Niels, Constructing the Colonial Encounter. Right and Left Hand Castes in Early Colonial South India, Curzon Press, Richmond, Surrey, 1999Google Scholar, focuses on disputes between right-hand and left-hand caste groups, arguing that Indian petitioners addressed European rulers of port cities as if they were operating in the place of Hindu kings. For the Company's use of written petitions (in English and Tamil) to create a new form of bureaucratic order in early colonial South India, see Raman, Bhavani, Document Raj: Writing and Scribes in Early Colonial South India, Chicago University Press, Chicago, 2012, pp. 161–191CrossRefGoogle Scholar. For a study of petitions of appeal within the emergent colonial judiciary of western India in the early nineteenth century, see Jaffe, James, The Ironies of Colonial Governance. Law, Custom, and Justice in Colonial India, Cambridge University Press, Cambridge, 2015CrossRefGoogle Scholar. For a study of how native women attached to the Company's army as wives and widows of British soldiers petitioned early colonial authorities for financial support and, in so doing, made themselves ‘into particular kinds of subjects’, claiming rights ‘as members of the “service family” of the Company’, see Ghosh, Durba, Sex and the Family in Colonial India. The Making of Empire, Cambridge University Press, Cambridge, 2006, pp. 206–245CrossRefGoogle Scholar. Other studies of petitioning in colonial India have focused on the later nineteenth-century Raj and the rise of provincial and national politics; for examples, see Siddiqi, Majid, The British Historical Context and Petitioning in Colonial India with an Introduction by S. Inayat A. Zaidi, XXII Dr M. A. Ansari Memorial Lecture, Jamia Millia Islamia, Aakar Books, New Delhi, 2005Google Scholar; and Haynes, Douglas E., Rhetoric and Ritual in Colonial India. The Shaping of a Public Culture in Surat City, 1852–1928, University of California Press, Berkeley, 1991Google Scholar.
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35 British Library (BL), Manuscripts room, Additional Manuscripts (Add. MSS) 12,565, ff. 2v, 3r. This text is further discussed in Khan, Abdul Majed, The Transition in Bengal, 1756–1775. A Study of Muhammed Reza Khan, Cambridge University Press, Cambridge, 1969, p. 15CrossRefGoogle Scholar; and Travers, Robert, Ideology and Empire in Eighteenth Century India. The British in Bengal, Cambridge University Press, Cambridge, 2007, p. 159CrossRefGoogle Scholar.
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39 General Clavering to his brother Thomas, 5 August 1775, Clavering Papers, Northumberland County Record Office, NRO 309, G.4, Box 1, 5.
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45 Superintendent of Khalsa Record Proceedings (henceforth SKRP), West Bengal State Archives (Historical Division), Bhavani Dutta Lane, Kolkata. There are 17 volumes of khalsa proceedings dating from December 1772 to 1781. In February 1781, the position of khalsa superintendent was renamed ‘Preparer of Reports for the Revenue Department’, and there are a further 36 volumes of the Preparer's proceedings dealing with the period from 1781–1789. See Guide to the Records in the State Archives of West Bengal. Part I: 1758–1858, Government of West Bengal, Calcutta, 1977, pp. 32–33.
46 Petitioners (especially elite figures) in the early years of the Calcutta khalsa occasionally presented English-language petitions in the formal style of a ‘humble petition’. See, for example, ‘The Humble Petition of Rajah Nobkissen’, SKRP, 23 July 1773, Vol. 2, pp. 34–35. ‘Nobkissen’ or Nabakrishna was formerly the banyan or agent to Governor Robert Clive and was a wealthy landowner and power-broker in early colonial Calcutta.
47 SKRP, 29 September 1777, Vol. 10, pp. 436–437.
48 Ibid., 29 January 1773, Vol. 1, pp. 37–38.
49 Ibid., 2 February 1773, Vol. 1, p. 44.
50 Ibid., 14 July 1773, Vol. 1, pp. 235–236.
51 Ibid., 19 May 1777, Vol. 9, pp. 17–18.
52 Ibid., 5 June 1777, Vol. 9, pp. 127–129.
53 Ibid., 14 July 1777, Vol. 9, pp. 425–426.
54 Ibid., 15 October 1776, Vol. 6, pp. 338–339.
55 Ibid., pp. 340–341.
56 For a vivid account of the ‘document bazar’ that grew up in early colonial Madras, see Raman, Document Raj, pp. 17, 178–182.
57 For recent accounts of these various political crises, see Bowen, H. V., The Business of Empire. The East India Company and Imperial Britain 1756–1833, Cambridge University Press, Cambridge, 2008Google Scholar; Marshall, P. J., The Making and Unmaking of Empire. Britain, India and America 1750–1783, Oxford University Press, Oxford, 2005Google Scholar.
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59 General Clavering to his brother Thomas, 5 August 1775, Clavering Papers.
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66 ‘Translation of a Persian Petition from the native Inhabitants of the Subah Azeemabad to the King’, printed in Administration of Justice in Bengal. The Several Petitions of the British Inhabitants in Bengal, of the Governor-general and council, and of the Court of Directors of the East India Company to Parliament, London, 1780, pp. 7–14. This petition and two others were also reproduced in the Appendix to the Comment on the Petition of the British Inhabitants of Bengal, Bahar, and Orissa to Parliament, Containing Memorials and Authentick Papers, London, 1780.
67 ‘A second letter to Lord Weymouth, 25 April 1779’, in Administration of Justice in Bengal, p. 5.
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74 See letter from the Governor-general in council to the Board of Revenue, 23 September 1791, in BRC, 28 September 1791, IOR P.71.43. For a discussion of Ghulam Husain's career in the context of Bihar politics, see Yang, Anand A., Bazaar India. Markets, Society and the Colonial State in Gangetic Bihar, University of California, Berkeley, 1999, pp. 66–67Google Scholar.
75 For a pioneering analysis that situated Ghulam Husain's history within a larger corpus of contemporary writings in which the nobility and service gentry of eastern India sought to represent themselves to the East Indian Company as custodians of Mughal tradition, see Chatterjee, ‘History as Self-Representation’. The English quotations that follow are taken from the translation of Ghulam Husain's history: Ghulam Husain, A Translation of the Seir Mutaqherin, (tr.) Nota Manus, Vol. 3. For the original Persian terms, I have drawn on the Persian text printed in Ghulam Husain Khan, Siyar al-muta’akhkhirin.
76 Seir Mutaqherin, Vol. 3, pp. 190–191.
77 Ibid. Here Haji Mustapha translates the Persian term ‘muhtaj’ (meaning the ‘needy’ or necessitous) as ‘petitioner’. See Ghulam Husain Khan, Siyar al-muta’akhkhirin, p. 414.
78 Seir Mutaqherin, Vol. 3, p. 197.
79 In Mustapha's translation: ‘they [the British] hate appearing in public audiences, and when they come to appear at all, it is to betray extreme uneasiness, impatience, and anger at seeing themselves surrounded by crowds, and hearing their complaints, and clamours’. Ibid., p. 200. See, for the Persian text, Ghulam Husain Khan, Siyar al-muta’akhkhirin, p. 417.
80 Seir Mutaqherin, Vol. 3, p. 200. The Persian reads ‘hama kas hazir shavand wa ‘arz-i hajat khud numayand’. Ghulam Husain Khan, Siyar al-muta’akhkhirin, p. 417.
81 Seir Mutaqherin, Vol. 3, pp. 49–50.
82 Ghulam Husain Khan, Siyar al-muta’akhkhirin, p. 407. Mustapha translates this as ‘listening to the groans and sobs of so many thousands of oppressed ones’: Seir Mutaqherin, Vol. 3, p. 168. Ghulam Husain repeats this plea for the Company to hold more public audiences later in the text: Seir Mutaqherin, Vol. 3, pp. 200–201; Ghulam Husain Khan, Siyar al-muta’akhkhirin, p. 417.
83 Seir Mutaqherin, Vol. 3, p. 153; Ghulam Husain Khan, Siyar al-muta’akhkhirin, p. 403.
84 Ghulam Husain Khan, Siyar al-muta’akhkhirin, p. 403.
85 Ibid. Another near contemporary Indo-Persian author, ‘Abd al-Latif, also applied the term wakil to members of the House of Commons; see Khan, Indian Muslim Perceptions of the West, p. 343. For broad application of the term wakil in early modern South Asia, referring to ‘specialists in the art of bargaining, negotiating and pleading cases’, as well as ambassadors or envoys between rulers, see Calkins, Philip B., ‘A Note on Lawyers in Muslim India’, Law and Society Review 3, 2–3, 1968–1969, pp. 403–406CrossRefGoogle Scholar.
86 Seir Mutaqherin, Vol. 3, pp. 153–154; Ghulam Husain Khan, Siyar al-muta’akhkhirin, pp. 403–404.
87 Letter from Cornwallis to Henry Dundas, 14 August 1781, printed in Charles Ross, Correspondence of Charles, First Marquis Cornwallis, 3 volumes, John Murray, London, 1859, Vol. 1, p. 271. For longer treatments of Cornwallis's reforms, see Bayly, C. A. and Prior, Katherine, ‘Cornwallis, Charles, First Marquess Cornwallis (1738–1805)’, Oxford Dictionary of National Biography, Oxford University Press, Oxford, 2004Google Scholar; and Aspinall, A., Cornwallis in Bengal, repr. Uppal Publishing House, New Delhi, 1987Google Scholar.
88 Minute of Governor-general, BRC, 11 February 1793, BL, IOR, P.52.55, pp. 203–204.
89 Ibid.; for a printed version, see The Second Report of the Select Committee on the Affairs of the East India Company, London, 1810, Appendix 9, pp. 107–125. The Minute was probably drafted by Cornwallis's adviser and the secretary to the Supreme Council, George Hilaro Barlow. For Barlow's authorship, see John William Kaye, The Administration of the East India Company. A History of Indian Progress, first edition, 1853; repr. Kitab Mahal, Allahabad, 1966, p. 2; and Wilson, Jon E., The Domination of Strangers. Modern Governance in Eastern India, 1780–1835, Cambridge University Press, Cambridge, 2008, pp. 59–65Google Scholar.
90 The classic account of the ideological context of the ‘permanent settlement’ of the Bengal revenues remains Ranajit Guha, A Rule of Property for Bengal, Paris, 1963; repr. Duke University Press, Durham, 1996. For a more recent treatment, see Wilson, The Domination of Strangers, pp. 45–74.
91 Minute of Governor-general, BRC, 11 February 1793, p. 201.
92 For a more detailed treatment of Cornwallis's judicial reforms, see Harington, J. H., An Elementary Analysis of the Laws and Regulations Enacted by the Governor-general in Council at Fort William in Bengal, for the Civil Government of the British Territories under that Presidency, Part 1, Calcutta, 1805Google Scholar; and Jain, M. P., Outlines of Indian Legal History, Delhi University Press, Delhi, 1952, pp. 161–194Google Scholar.
93 Minute of Governor-general, BRC, 11 February 1793, p. 267.
94 Ibid., pp. 222–224.
95 Ibid., p. 230.
96 Ibid., p. 267.
97 Ibid., pp. 228–229. Cornwallis may well have had in mind the long, drawn-out inquiries into a major rural rebellion in Rangpur in 1783, which revolved around accusations of excessive use of harsh corporal punishments by the local Indian revenue farmer, with the alleged connivance of the British Collector. For a recent treatment of this rebellion, see Wilson, ‘“A Thousand Countries to Go to”’.
98 Minute of Governor-general, BRC, 11 February 1793, pp. 283–285.
99 Ibid., pp. 281–282.
100 Ibid., pp. 291–292.
101 Ibid., pp. 286–287. Calkins noted that the Mughal emperor Aurangzeb (1658–1707), who was known for his efforts at administrative centralization, issued orders to appoint wakils on behalf of the emperor to handle cases on behalf of government and provide legal advice to suitors. Calkins, ‘A Note on Lawyers in Muslim India’. This suggests that Cornwallis's attempt to centralize the appointment of wakils may have been partly anticipated in the imperial strategies of the Mughals.
102 Minute of Governor-general, BRC, 11 February 1793, pp. 203–204.
103 Cornwallis's new court system rapidly became notorious for huge backlogs of cases and bureaucratic delays: see Jaffe, Ironies of Governance, p. 49.
104 Raman offers an especially rich example of how to approach the early colonial archive of petitions as documents saturated in ‘dense mediations’ that were shaped ‘as much by the demands of colonial domination as by the suppliants submitting them’: Raman, Document Raj, pp. 161, 181.
105 For a pioneering attempt to connect the growth of nineteenth-century Indian liberalism to early modern discourses and practices of ethical government, see Bayly, C. A., Recovering Liberties. Indian Thought in the Age of Liberalism and Empire, Cambridge University Press, Cambridge, 2012Google Scholar. And for the notion of an early modern ‘Indian ecumeme’ or ‘indigenous public sphere’ that ‘long predated the consciously nationalist public after 1860, and was to determine its character to a considerable extent’, see Bayly, Empire and Information, pp. 180–211.