The Pacification of BurmaCrosthwaite, C. H. T. (Charles Haukes Todd)
History
The Pacification of Burma
Crosthwaite, C. H. T. (Charles Haukes Todd)
Burma -- History -- 1824-1948
This machinery is put in force by a resolution of the Secretary of
State in Council, and at the Viceroy's instance a resolution for this
purpose was made, with effect from and after the 1st of March, 1886. It
applied to all Upper Burma except the Shan States.
Sir Charles Bernard was ready to take advantage of the powers given
to him. Early in March he published an admirable rough code of
instructions, sufficiently elastic to meet the varying conditions,
and at the same time sufficiently definite to prevent anything like
injustice or oppression. The summary given in Section 10 of the Upper
Burma Administration Report for 1886 shows their nature.
"By these instructions each district was placed in charge of a
Civil officer, who was invested with the full powers of a Deputy
Commissioner, and in criminal matters with power to try as a magistrate
any case and to pass any sentence. The Deputy Commissioner was also
invested with full power to revise the proceedings of any subordinate
magistrate or official and to pass any order except an order enhancing
a sentence. In criminal matters the courts were to be guided as far as
possible by the provisions of the Code of Criminal Procedure, the Penal
Code, and the Evidence Act (_i.e._, the Indian Codes). But dacoity
or robbery was made punishable with death, though magistrates were
instructed to pass capital sentences only in very heinous cases. In
order to provide a safeguard against undue severity in the infliction
of punishments, it was ordered that no capital sentence should be
carried out except after confirmation by the Chief Commissioner. No
regular appeals were allowed from any decision; but it was open for
any one who felt aggrieved by the decision of a subordinate officer
to move the Deputy Commissioner to revise the order, and for any one
who demurred to an order passed by a Deputy Commissioner to bring the
matter to the notice of the Chief Commissioner.
"In revenue matters the customs of the country were as far as possible
to be observed, save that no monopolies (except that of precious
stones) were allowed and no customs or transport duties were levied.
As regards excise administration, in accordance with the custom of
the country the sale of opium and of intoxicating liquors to Burmans
was prohibited. But a limited number of licences were issued for the
sale of liquors to persons not of Burmese race, and the Chinese were
specially exempted from the restrictions imposed on the traffic in
opium."
Public-domain text, read in full here on John Shaqi.
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