Miscellaneous Writings and Speeches — Volume 4Macaulay, Thomas Babington Macaulay, Baron
History
Miscellaneous Writings and Speeches — Volume 4
Macaulay, Thomas Babington Macaulay, Baron
English essays
the Council and the judicature. The Government would be paralysed at the
precise moment at which all its energy was required. While the two equal
powers were acting in opposite directions, the whole machine of the
state would stand still. The Europeans would be uncontrolled. The
natives would be unprotected. The consequences I will not pretend to
foresee. Everything beyond is darkness and confusion.
Having given to the Government supreme legislative power, we next
propose to give to it for a time the assistance of a commission for the
purpose of digesting and reforming the laws of India, so that those laws
may, as soon as possible, be formed into a Code. Gentleman of whom I
wish to speak with the highest respect have expressed a doubt whether
India be at present in a fit state to receive a benefit which is not yet
enjoyed by this free and highly civilised country. Sir, I can allow to
this argument very little weight beyond that which it derives from the
personal authority of those who use it. For, in the first place, our
freedom and our high civilisation make this improvement, desirable as
it must always be, less indispensably necessary to us than to our Indian
subjects; and in the next place, our freedom and civilisation, I fear,
make it far more difficult for us to obtain this benefit for ourselves
than to bestow it on them.
I believe that no country ever stood so much in need of a code of laws
as India; and I believe also that there never was a country in which the
want might so easily be supplied. I said that there were many points of
analogy between the state of that country after the fall of the Mogul
power, and the state of Europe after the fall of the Roman empire. In
one respect the analogy is very striking. As there were in Europe then,
so there are in India now, several systems of law widely differing from
each other, but coexisting and coequal. The indigenous population has
its own laws. Each of the successive races of conquerors has brought
with it its own peculiar jurisprudence: the Mussulman his Koran and the
innumerable commentators on the Koran; the Englishman his Statute Book
and his Term Reports. As there were established in Italy, at one and
the same time, the Roman Law, the Lombard law, the Ripuarian law, the
Bavarian law, and the Salic law, so we have now in our Eastern empire
Hindoo law, Mahometan law, Parsee law, English law, perpetually mingling
with each other and disturbing each other, varying with the person,
varying with the place. In one and the same cause the process and
pleadings are in the fashion of one nation, the judgment is according
to the laws of another. An issue is evolved according to the rules
of Westminster, and decided according to those of Benares. The only
Mahometan book in the nature of a code is the Koran; the only Hindoo
book, the Institutes. Everybody who knows those books knows that they
provide for a very small part of the cases which must arise in every
community.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account