The Speech of the Hon. Mr. Macpherson, Member of Government, at the meeting of the Legislative Council Patna,

24th January 1922

Sir, I desire to intervene at this stage of the debate, because I think it is proper that the House should know what the facts of the situation are before they make speeches and commit themselves to views which I hope they will be prepared to change after they know what the facts of the situation really are. I must ask your indulgence, if I find that what I have to say on this important occasion will take me beyond the usual time limits.

This is not the first occasion on which the Government of Behar and Orissa have explained to the public their attitude towards the non-co-operation movement and their reasons for the action taken on the 10th December last, which forms the subject of this Resolution. As the council is well aware, His Excellency the Governor received, a few days after that date, an influential deputation of Council Members and explained to them under what circumstances Government had been forced in defence of the public safety to take action under the criminal Law Amendment Act. An account of that deputation was published in all the newspapers which are commonly read in this Province and I trust it has been carefully perused by all the members of Council. I shall be pardoned if, when I come to discuss the expediency of action taken by Government, I go over again the ground covered by the communique which was issued on that occasion.

What was the position with which the Local Government were faced in the beginning of that month? During the past twelve months they have seen these associations growing in number and boldness, spreading unrest throughout the public life of the Province, poisoning and confusing the minds of simple people, interfering with liberty of action, and not infrequently having to resort to force in order to compel obedience to their mandates. I have here a long list of cases in which persuasion was supplemented by force, sometimes force of a very disgraceful kind but I will not worry the Council by citing instances. This Province was not alone in these experiences, the organization of a volunteer revolutionary army was proceeding apace in neighbouring provinces also. The danger was being gradually realized by the Government of India and by other Local Governments, and before the end of November action under the Criminal Law Amendment Act had been taken by the Governments of the Punjab, the United Provinces Delhi, Bengal, and Assam. The Government of Bihar and Orissa stayed their hand till further inaction would have been criminal folly. The two circumstances which brought matters to a head in this province were

1. the immediate imminence of the introduction of the civil disobedience movement, particularly in the Tirhut Division, and,
2. the intensive preparations which were being made to organize a hostile hartal in Patna City against the visit of His Royal Highness the Prince of Wales on the 22nd and 23rd December. I know that certain local non-co-operation leaders have denied that there was any intention to start the civil disobedience movement within the Province during the month of December or even up to the present date, and we have been told that the Patna Hartal was a spontaneous movement on the part of the citizens. I think the Council will not be deceived by either of these assurances. After all Government had to follow the evidence at their disposal. There is one well-known leader of the local non-co-operation camp, called Mr. Dip Narayan Singh. At a meeting held at Bhagalpur on the 16th November this gentleman outlined the programme which the leaders intended to follow. According to him a notice calling upon Government to grant Swaraj within seven days would first be served upon the chief civil officer present in the locality selected for civil disobedience, subsequently the residents of the particular locality would be directed to disobey all orders and laws of Government and to refuse to pay taxes, register documents, etc. At the same time police stations and courts would be surrounded and the officials told to deposit their uniforms and other badges of offices. Thereafter police stations and courts would be treated as Swaraj property. On the top of this declaration of policy, the Local Government had information that the first experiment would be made with the Basantpur police station in the Chapra District. Now this has been denied by the Congress party but the intention was an open secret. I was told about it after our last session by a member of this Council, who shall be nameless, and apart from our police reports, we had it on the authority of the Motherland dated the 26th November, that Chapra had been selected as the first object of attack. This is what the Motherland of November 29th, 1921, says. The heading is—

"Civil Disobedience in Behar."

And the message runs:

"A meeting of the Provincial Congress Committee was held at Patna on Sunday last. 33 delegates were elected for the coming session of the Indian National Congress at Ahmadabad. It was also resolved upon to form a volunteer corps in pursuance of the resolution of the All India Working Committee. The matter of selecting a suitable area for preparing it for Civil Disobedience was referred to the Provincial Working Committee which met on Monday last and decided in favour of Chapra in preference to the claims of Katra Thana in the district of Muzaffarpur, which were backed up by Muhammad Shafi."

The Motherland is a local organ of the revolutionary party and the property of Mr. Mazharul Haqq, who is the one of the shining lights in that camp, and presumably is in the confidance of the party. We know also from the public press that the previous volunteer associations, our old friends, the 'Khilafat' the 'Congress' and the 'Swaraj' volunteers were to be replaced by a new organization to be called the "National Volunteers" and we knew from our own reports that the particular name to be affected by the new organization of non-violent volunteers in Behar was the Qaumi Sebak Dal. Perhaps members of this Council would like to know something about the organization of this Behar Sebak Dal. This is what we heard about its organization.

Each squad was to consist of 20 volunteers. 20 squads would make a company Maha Dal, in this there would be 400 volunteers. Each squad would be under an officer.

Over 20 assistants there would be a higher officer. What he would dictate all the four hundred volunteers would have to observe.

The Bihar Sebak Dal's duty would be "Revolution" even if they had to sacrifice their lives.

And this is what we were told about their plans of campaign:

It was first to attack all the police-stations of the district and to take them into their possession, after removing the Inspectors, Jamadars and the Police.

When the thana had been taken possession of, then the Kachahri would have to be taken possession of and the Hakims would be removed.

Civil disobedience would commence in Chapra District from village Basantpur, in Muzaffarpur from thana Katra, and then Sitamarhi.

Such then was the information on which the Local Government had to act. Does the Council still wonder that action of the nature taken was taken? To those who protest that the information held by Government was unreliable I can only reply that it has been fully corroborated not only by what has happened in other Provinces and by published documents of the non-co-operation movement but also by what has happened under our very noses in this Province. The non-co-operators say that it was never in contemplation to make an attack on Basantpur police-station on the 10th December. We believe that this particular experiment was nipped to the bud by the Notification of the same date, which found the leaders assembled at Chapra and threw them into consternation. But how do they explain the raids which were actually made at a somewhat later date on the police-station of Sonbarsa, Raghupur and Mahua in the District of Muzaffarpur, or the attempt to picket the Gaya Civil Courts on the opening day after the X'mas holidays, which was only frustrated by the despatch of troops from Patna to Gaya on the previous evening? Were all these fortuitous and accidental? Do all these evidences of intention exist only in the heated imagination of the police? I shall have occasion later to tell the Council what effect these raids have had on the internal condition of the Muzaffarpur District. My present object is only to prove that when the Local Government took action under the Criminal Law Amendment Act on the 10th December, they were fully justified in believing that the civil disobedience movement would be started at a very early date in the Tirhut Division.

I do not wish to weary the Council by going into details regarding the Patna hartal. It seemed to Government, and with good reason, that efforts were being made to impose an intolerable tyranny on the citizens of Patna at a time when the representatives of the people, who sit in this Council, had extended to his Royal Highness a most cordial welcome and had voted a special grant to make that welcome worthy of the occasion. The object of the non-co-operators was to substitute for the welcome the same kind of deliberate insult that had been attempted to be offered to the Royal visitor at Benares and Allahabad. Government, I say, would have been open to the gravest reproach if it had made no effort to counteract that mean and wicked project, which was so foreign to the innate hospitality and reverence of the Indian people, and particularly repugnant, one would imagine, to the sturdy loyalty of Bihar. Under this double compulsion then Government decided that the time had come to follow the example of its neighbours. Members of Council know as well as I do what followed. There was, as Government expected there would be, much excitement in the city—the stirring of a hornet nest always has this sort of reaction.

Sir, let not this Council be deceived by any cry of repression, by any false appeal for the freedom of association and the freedom of speech. This Government is not out for repression. It has no desire to interfere with political activity or freedom of speech. When Mr. Gandhi and his friends use these phrases, what they mean is license to preach sedition, and liberty to foment rebellion and revolution. Let us see how the system works in practice. I will read to the Council a recent report on condition of the Muzaffarpur District. It is dated the 5th January:—

"The Muzaffarpur District still continues to be in very disturbed state particularly the Sitamarhi Subdivision, where it is reported that law and order are decreasing daily and Magistrates are even insulted in their own Courts. The Sitamarhi Sub-jail is said to be practically in a state of mutiny, the prisoners shouting and singing all day until about 10 P.M., while on one occasion a warder was rushed and knocked down. Additional police have been asked for this subdivision and are badly required. The Masses in this district are said to have no longer any dread of going to jail owing to the inducements held out to them that they will be treated as political prisoners and fare better than in their own homes. The police have come in for more than their fair share of attention from the non-co-operators during the week and the Superintendent of Police is of opinion that his force has become exasperated almost beyond endurance by the gross insults and abuse that has been heaped upon them.

"On the 26th December 1921, about 200 volunteers escorted by a large and noisy mob forced their way into the Sonbarsa Thana compound in the Sitamarhi Subdivision, carrying swaraj flag and repeating the Delhi fatwa. The thana police were told that to remain in Government service was for a Hindu equivalent to eating cow's flesh and for a Muhammadan to eating pig. Later the crowd became more insulting and abusive and though seven of the ringleaders were arrested, the crowd did not disperse until nearly midnight. Following this incident the whole of the thana staff were boycotted, the services of the barber, washermen and even supplies of food were stopped, until the divisional inspector succeeded in intervening.

"At Raghupur Police-station in the same district, 300 volunteers appeared and told the sub-inspector that on the 1st January they would plant the swaraj flag in the compound and take possession of the police-station. At Mahua Police-station, the Police were also grossly abused and insulted and similar reports have been received by the Superintendent of Police from other police stations in the district.

"Mention was made in last week's report of a fracas in the Court compound at Hajipur where alms were being distributed to the poor. This was followed on the same day by a parade of 100 Sevak Dal volunteers in front of the Hajipur police-station who shouted Sarkar ki nokri karna haram hai and grossly abused the Police.

"Reports received from factories also indicate a serious state of unrest in the Mufassal. Mr. G. P. Danby writing from Bowarrah factory mentions that noisy shouting bands of volunteers are moving about the country making themselves a general nuisance and that to all appearance mob law prevails. The Belsand Factory in this district is reported to have been surrounded on the 4th January by a large mob shouting Gandhi ki jai. Europeans and loyal Indians are expressing their disappointment that Government did not continue strong measures against the non-co-operation movement."

That is a police report, and lest the Council may think it is highly coloured I will read a shorter note of the Divisional Commissioner, Mr. Scroope, who is a man of sober judgment.

Mr. Mansfield, Subdivisional Officer Sitamarhi, came to see me yesterday before I left for Bankipur. He is a level-headed officer and in no sense an alarmist. He informed me that the police are no longer able to deal with non-co-operators in Sitamarhi town. The latter are practically in possession of the liquor shops which they now picket with impunity. They also haunt the neighbourhood of the Court and create much noise and disorder during the trial to political cases. They ask to be arrested and some of them who have been placed under trial under section 290, Indian Penal Code have been grossly insulting to the Magistrate. The journeys to and from Court of persons under trial for a political offence are made regular occasions for noisy demonstrations and abuse of Government. Mr. Mansfield's considered opinion is that non-co-operators are now entirely out of hand, that the existing police force is quite unequal to the task of keeping them in check and that law and order have practically ceased to exist in Sitamarhi town.

The sub-jail can only be described as in a state of mutiny. It is much overcrowded containing about 90 inmates (I am not certain of the exact number; almost all are under trials) and certain influential non-co-operators under trials have been preaching defiance and insubordination to their companions. The result is a total absence of discipline; the undertrials sing and shout at the top of their voices throughout the day and most of the night and any attempts on the part of the warders to enforce order and obedience are wholly ignored.

Here is a latter report of the doings of one of these roving bands of whom mention is made in the police report. The Superintendent of Police writes on the 21st January.

At the same time I received a telegram from Mr. Gray, Meanchupra.

"All roads here stopped by volunteers. No carts or servants allowed works. Come if possible, position critical".

I left at 2 P.M. and arrived Meanchupra at about 3 P.M.

About 500 yards on the road west of Meanchupra I found some volunteers sitting on a culvert guarding the road. On arrival at the Bungalow I found Mr. and Mrs. Gray and their three children absolutely shut off and isolated by three volunteers. All the Factory work had been stopped as the jamadar peons and coolies were not allowed to enter the factory so that there was no one to cut the sugarcane etc. All carts had been stopped, volunteers cutting the ropes of the bullocks and driving them away. Even the house servants had been stopped from going to the bungalow from their village. There was no bearer, cooks mashalchi, dhobe, garden coolies or even murgiwala. Mrs. Grey had to dig up the potatoes in the garden, cook the food, wash up the dishes, etc., and her ayah asked her (as well she might) if it was true that the British Raj was over.

Sir, these are the facts which have already compelled Government to post a force of additional police to the Sitamarhi subdivision, and I do not disguise from the Council that they may force us at no distant date to take even sterner measures to preserve the peace of the district, and of other districts that are similarly threatened. If Government find it necessary later to present to Council a bill of costs which will not be at all to their liking, let them thank their non-co-operation friends for the gift.

I know we shall be met with the old cry of repression, but in this case it is a stupid cry. No Government of this country wants repression for repression's sake, and least of all the Government of Bihar and Orissa, which includes within its number three distinguished Indians who have never been accused of any lack of political independence. For my own part I claim that no one welcomed more keenly than I did the inauguration of the new reforms era in India. I had the confident hope (and in this matter I speak also for my hon'ble colleague, Sir Havilland Le Mesurier) that we had before us a great and inspiring task of friendly co-operation with educated Indians, which would at no very distant date place this country in the forefront of the common-wealth of nations. Sir, this great task has for the moment been heavily handicapped and hampered by the poisonous cult of non-co-operation, a cult which has embittered and clouded the political life of India and caused discouragement to all the friends of reform. It has made life a burden and weariness to all ranks of Government officers, to the responsible agents of Government in districts and to the directing staff at headquarters but I have still hope that the better sense of India will prevail and that the clouds will clear away. It is to you, members of the Council, that Government look to give a lead to the public which you represent, in the fight against this great danger which menaces India. The danger is not one which threatens only the officers of Government, professional men, and men of wealth and property. The interests of the common people, the patient cultivators and the toiling workmen, are just as much at stake. It is they who will suffer most, if revolution comes, as the same classes are suffering to-day in Russia where they are perishing in millions as a result of the disintegration of ordered Government. I call therefore upon the representatives of all classes in this assembly to consider what is their duty, their solemn duty, on this occasion. The choice is between the orderly progress of India towards a future of brightest promise and the perilous path of revolution which leads to darkness and death. There is no midway between them. I appeal to you, gentlemen of the Council, to put aside any pre-conceived notions or prepared speeches with which you may have entered this hall to-day and to look at the position in all its naked truth. The question you have to decide for yourself is whether you stand for orderly Government or revolution. I trust that the hon'ble mover himself will realize his responsibility in the light of these remarks and withdraw his resolution now that it has served its purpose of securing a full discussion of the political situation.