Life and letters of lord macaulay

"As to the list of prize books, I am not much better satisfied. It is absolutely unintelligible to me why Pope's Works and my old friend Moore's Lalla Rookh should be selected from the whole mass of English poetry to be prize books. I will engage to frame, currente calamo, a better list. Bacon's Essays, Hume's England, Gibbon's Rome, Robertson's Charles V., Robertson's Scotland, Robertson's America, Swift's Gulliver, Robinson Crusoe, Shakespeare's Works, Paradise Lost, Milton's smaller poems, Arabian Nights, Park's Travels, Anson's Voyage, the Vicar of Wakefield, Johnson's Lives, Gil Blas, Voltaire's Charles XII., Southey's Nelson, Middleton's Life of Cicero.

"This may serve as a specimen. These are books which will amuse and interest those who obtain them. To give a boy Abercrombie on the Intellectual Powers, Dick's Moral Improvement, Young's Intellectual Philosophy, Chalmers's Poetical Economy!!! (in passing I may be allowed to ask what that means?) is quite absurd. I would not give orders at random for books about which we know nothing. We are under no necessity of ordering at haphazard. We know Robinson Crusoe, and Gulliver, and the Arabian Nights, and Anson's Voyage, and many other delightful works which interest even the very young, and which do not lose their interest to the end of our lives. Why should we order blindfold such books as Markham's New Children's Friend, the juvenile Scrap Book, the Child's Own Book, Niggens's Earth, Mudie's Sea, and somebody else's Fire and Air?--books which, I will be bound for it, none of us ever opened.

"The list ought in all its parts to be thoroughly recast. If Sir Benjamin Malkin will furnish the names of ten or twelve works of a scientific kind, which he thinks suited for prizes, the task will not be difficult; and, with his help, I will gladly undertake it. There is a marked distinction between a prize book and a school book. A prize book ought to be a book which a boy receives with pleasure, and turns over and over, not as a task, but spontaneously. I have not forgotten my own school-boy feelings on this subject. My pleasure at obtaining a prize was greatly enhanced by the knowledge that my little library would receive a very agreeable addition. I never was better pleased than when at fourteen I was master of Boswell's Life of Johnson, which I had long been wishing to read. If my master had given me, instead of Boswell, a Critical Pronouncing Dictionary, or a Geographical Class book, I should have been much less gratified by my success."

The idea had been started of paying authors to write books in the languages of the country. On this Macaulay remarks

"To hire four or five people to make a literature is a course which never answered and never will answer, in any part of the world. Languages grow. They cannot be built. We are now following the slow but sure course on which alone we can depend for a supply of good books in the vernacular languages of India. We are attempting to raise up a large class of enlightened natives. I hope that, twenty years hence, there will be hundreds, nay thousands, of natives familiar with the best models of composition, and well acquainted with Western science. Among them some persons will be found who will have the inclination and the ability to exhibit European knowledge in the vernacular dialects. This I believe to be the only way in which we can raise up a good vernacular literature in this country."

These hopeful anticipations have been more than fulfilled. Twice twenty years have brought into existence, not hundreds or thousands, but hundreds of thousands, of natives who can appreciate European knowledge when laid before them in the English language, and can reproduce it in their own. Taking one year with another, upwards of a thousand works of literature and science are published annually in Bengal alone, and at least four times that number throughout the entire continent. Our colleges have more than six thousand students on their books, and two hundred thousand boys are receiving a liberal education in schools of the higher order. For the improvement of the mass of the people, nearly seven thousand young men are in training as Certificated Masters. The amount allotted in the budget to the item of Public Instruction has increased more than seventy-fold since 1835; and is largely supplemented by the fees which parents of all classes willingly contribute when once they have been taught the value of a commodity the demand for which is created by the supply. During many years past the generosity of wealthy natives has to a great extent been diverted from the idle extravagance of pageants and festivals, to promote the intellectual advancement of their fellow-countrymen. On several different occasions, at a single stroke of the pen, our Indian universities have been endowed with twice, three times, four times the amount of the slender sum which Macaulay had at his command. But none the less was he the master-engineer, whose skill and foresight determined the direction of the channels, along which this stream of public and private munificence was to flow for the regeneration of our Eastern Empire.

It may add something to the merit of Macaulay's labours in the cause of Education that those labours were voluntary and unpaid; and voluntary and unpaid likewise was another service which he rendered to India, not less durable than the first, and hardly less important. A clause in the Act of 1833 gave rise to the appointment of a Commission to inquire into the jurisprudence and jurisdiction of our Eastern Empire. Macaulay, at his own instigation, was appointed President of that Commission. He had not been many months engaged in his new duties before he submitted a proposal, by the adoption of which his own industry and the high talents of his colleagues, Mr. Cameron and Sir John Macleod, might be turned to the best account by being employed in framing a Criminal Code for the whole Indian Empire. "This Code," writes Macaulay, "should not be a mere digest of existing usages and regulations, but should comprise all the reforms which the Commission may think desirable. It should be framed on two great principles, the principle of suppressing crime with the smallest possible amount of suffering, and the principle of ascertaining truth at the smallest possible cost of time and money. The Commissioners should be particularly charged to study conciseness, as far as it is consistent with perspicuity. In general, I believe, it will be found that perspicuous and concise expressions are not only compatible, but identical."

The offer was eagerly accepted, and the Commission fell to work. The results of that work did not show themselves quickly enough to satisfy the most practical, and, (to its credit be it spoken,) the most exacting of Governments; and Macaulay was under the necessity of explaining and excusing a procrastination, which was celerity itself as compared with any codifying that had been done since the days of Justinian.

"During the last rainy season,--a season, I believe, peculiarly unhealthy,--every member of the Commission, except myself, was wholly incapacitated for exertion. Mr. Anderson has been twice under the necessity of leaving Calcutta, and has not, till very lately, been able to labour with his accustomed activity. Mr. Macleod has been, till within the last week or ten days, in so feeble a state that the smallest effort seriously disordered him; and his health is so delicate that, admirably qualified as he is, by very rare talents, for the discharge of his functions, it would be imprudent, in forming any prospective calculation, to reckon on much service from him. Mr. Cameron, of the importance of whose assistance I need not speak, has been, during more than four months, utterly unable to do any work, and has at length been compelled to ask leave of absence, in order to visit the Cape for the recovery of his health. Thus, as the Governor-General has stated, Mr. Millett and myself have, during a considerable time, constituted the whole effective strength of the Commission. Nor has Mr. Millett been able to devote to the business of the Commission his whole undivided attention.

"I must say that, even if no allowance be made for the untoward occurrences which have retarded our progress, that progress cannot be called slow. People who have never considered the importance and difficulty of the task in which we are employed are surprised to find that a Code cannot be spoken of extempore, or written like an article in a magazine. I am not ashamed to acknowledge that there are several chapters in the Code on which I have been employed for months; of which I have changed the whole plan ten or twelve times; which contain not a single word as it originally stood; and with which I am still very far indeed from being satisfied. I certainly shall not hurry on my share of the work to gratify the childish impatience of the ignorant. Their censure ought to be a matter of perfect indifference to men engaged in a task, on the right performance of which the welfare of millions may, during a long series of years, depend. The cost of the Commission is as nothing when compared with the importance of such a work. The time during which the Commission has sat is as nothing compared with the time during which that work will produce good, or evil, to India.

"Indeed, if we compare the progress of the Indian Code with the progress of Codes under circumstances far more favourable, we shall find little reason to accuse the Law Commission of tardiness. Buonaparte had at his command the services of experienced jurists to any extent to which he chose to call for them; yet his legislation proceeded at a far slower rate than ours. The French Criminal Code was begun, under the Consulate, in March 1801; and yet the Code of Criminal Procedure was not completed till 1808, and the Penal Code not till 1810. The Criminal Code of Louisiana was commenced in February 1821. After it had been in preparation during three years and a half, an accident happened to the papers which compelled Mr. Livingstone to request indulgence for another year. Indeed, when I remember the slow progress of law reforms at home, and when I consider that our Code decides hundreds of questions, every one of which, if stirred in England, would give occasion to voluminous controversy and to many animated debates, I must acknowledge that I am inclined to fear that we have been guilty rather of precipitation than of delay."

This Minute was dated the end of January, 1837; and in the course of the same year the Code appeared, headed by an Introductory Report in the shape of a letter to the Governor-General, and followed by an Appendix containing eighteen notes, each in itself an essay. The most readable of all Digests, its pages are alive with illustrations drawn from history, from literature, and from the habits and occurrences of everyday life. The offence of fabricating evidence is exemplified by a case which may easily be recognised as that of Lady Macbeth and the grooms; ["A, after wounding a person with a knife, goes into the room where Z is sleeping, smears Z's clothes with blood, and lays the knife under Z's pillow; intending not only that suspicion may thereby be turned away front himself, but also that Z may be convicted of voluntarily causing grievous hurt. A is liable to punishment as a fabricator of false evidence."] and the offence of voluntary culpable homicide by an imaginary incident of a pit covered with sticks and turf, which irresistibly recalls a reminiscence of Jack the Giant-killer. The chapters on theft and trespass establish the rights of book owners as against book stealers, book borrowers, and book defacers, with an affectionate precision which would have gladdened the heart of Charles Lamb or Sir Walter Scott. ["A, being on friendly terms with Z, goes into Z's library, in Z's absence, and takes a book without Z's express consent. Here, it is probable that A may have conceived that he had Z's implied consent to use Z's books. If this was A's impression, A has not committed theft."

"A takes up a book belonging to Z, and reads it, not having any right over the book, and not having the consent of any person entitled to authorise A so to do. A trespasses.

"A, being exasperated at a passage in a book which is lying on the counter of Z, snatches it up, and tears it to pieces. A has not committed theft, as he has not acted fraudulently, though he may have committed criminal trespass and mischief."] In the chapter on manslaughter, the judge is enjoined to treat with lenity an act done in the first anger of a husband or father, provoked by the intolerable outrage of a certain kind of criminal assault. "Such an assault produced the Sicilian Vespers. Such an assault called forth the memorable blow of Wat Tyler." And, on the question whether the severity of a hurt should be considered in apportioning the punishment, we are reminded of "examples which are universally known. Harley was laid up more than twenty days by the wound which he received from Guiscard;" while "the scratch which Damien gave to Louis the Fifteenth was so slight that it was followed by no feverish symptoms." Such a sanguine estimate of the diffusion of knowledge with regard to the details of ancient crimes could proceed from no pen but that of the writer who endowed schoolboys with the erudition of professors, and the talker who, when he poured forth the stores of his memory, began each of his disquisitions with the phrase, "don't you remember?"

If it be asked whether or not the Penal Code fulfils the ends for which it was framed, the answer may safely be left to the gratitude of Indian civilians, the younger of whom carry it about in their saddle-bags, and the older in their heads. The value which it possesses in the eyes of a trained English lawyer may be gathered from the testimony of Macaulay's eminent successor, Mr. Fitzjames Stephen, who writes of it thus:

"In order to appreciate the importance of the Penal Code, it must be borne in mind what crime in India is. Here, in England, order is so thoroughly well established that the crime of the country is hardly more than an annoyance. In India, if crime is allowed to let to a head, it is capable of destroying the peace and prosperity of whole tracts of country. The mass of the people in their common moods are gentle, submissive, and disposed to be innocent; but, for that very reason, bold and successful criminals are dangerous in the extreme. In old days, when they joined in gangs or organised bodies, they soon acquired political importance. Now, in many parts of India, crime is quite as uncommon as in the least criminal parts of England; and the old high-handed systematised crime has almost entirely disappeared. This great revolution (for it is nothing less) in the state of society of a whole continent has been brought about by the regular administration of a rational body of criminal law.

"The administration of criminal justice is entrusted to a very small number of English magistrates, organised according to a carefully-devised system of appeal and supervision which represents the experience of a century. This system is not unattended by evils; but it is absolutely necessary to enable a few hundred civilians to govern a continent. Persons in such a position must be provided with the plainest instructions as to the nature of their duties. These instructions, in so far as the administration of criminal justice is concerned, are contained in the Indian Penal Code and the Code of Criminal Procedure. The Code of Criminal Procedure contains 541 sections, and forms a pamphlet of 210 widely printed octavo pages. The Penal Code consists of 510 sections. Pocket editions of these Codes are published, which may be carried about as easily as a pocket Bible; and I doubt whether, even in Scotland, you would find many people who know their Bibles as Indian civilians know their Codes."

After describing the confusion and complication of the criminal law of our Indian Empire before it was taken in hand by the Commission of 1834, Mr. Stephen proceeds to say:

"Lord Macaulay's great work was far too daring and original to be accepted at once. It was a draft when he left India in 1838. His successors made remarks on it for twenty-two years. Those years were filled with wars and rumours of wars. The Afghan disasters and triumphs, the war in Central India, the wars with the Sikhs, Lord Dalhousie's annexations, threw law reform into the background, and produced a state of mind not very favourable to it. Then came the Mutiny, which in its essence was the breakdown of an old system; the renunciation of an attempt to effect an impossible compromise between the Asiatic and the European view of things, legal, military, and administrative. The effect of the Mutiny on the Statute-book was unmistakable. The Code of Civil Procedure was enacted in 1859. The Penal Code was enacted in 1860, and came into operation on the 1st of January 1862. The credit of passing the Penal Code into law, and of giving to every part of it the improvements which practical skill and technical knowledge could bestow, is due to Sir Barnes Peacock, who held Lord Macaulay's place during the most anxious years through which the Indian Empire has passed. The Draft and the Revision are both eminently creditable to their authors; and the result of their successive efforts has been to reproduce in a concise, and even beautiful, form the spirit of the law of England; the most technical, the most clumsy, and the most bewildering of all systems of criminal law; though I think, if its principles are fully understood, it is the most rational. If anyone doubts this assertion, let him compare the Indian Penal Code with such a book as Mr. Greaves's edition of Russell on Crimes. The one subject of homicide, as treated by Mr. Greaves and Russell, is, I should think, twice as long as the whole Penal Code; and it does not contain a tenth part of the matter."

"The point which always has surprised me most in connection with the Penal Code is, that it proves that Lord Macaulay must have had a knowledge of English criminal law which, considering how little he had practised it, may fairly be called extraordinary. [Macaulay's practice at the bar had been less than little, according to an account which he gave of it at a public dinner: "My own forensic experience, gentlemen, has been extremely small; for my only recollection of an achievement that way is that at quarter sessions I once convicted a boy of stealing a parcel of cocks and hens."] He must have possessed the gift of going at once to the very root of the matter, and of sifting the corn from the chaff to a most unusual degree; for his Draft gives the substance of the criminal law of England, down to its minute working details, in a compass which, by comparison with the original, may be regarded as almost absurdly small. The Indian Penal Code is to the English criminal law what a manufactured article ready for use is to the materials out of which it is made. It is to the French 'Code Penal,' and, I may add, to the North German Code of 1871, what a finished picture is to a sketch. It is far simpler, and much better expressed, than Livingstone's Code for Louisiana; and its practical success has been complete. The clearest proof of this is that hardly any questions have arisen upon it which have had to be determined by the courts; and that few and slight amendments have had to be made in it by the Legislature."

Without troubling himself unduly about the matter, Macaulay was conscious that the world's estimate of his public services would be injuriously affected by the popular notion, which he has described as "so flattering to mediocrity," that a great writer cannot be a great administrator; and it is possible that this consciousness had something to do with the heartiness and fervour which he threw into his defence of the author of "Cato" against the charge of having been an inefficient Secretary of State. There was much in common between his own lot and that of the other famous essayist who had been likewise a Whig statesman; and this similarity in their fortunes may account in part for the indulgence, and almost tenderness, with which he reviewed the career and character of Addison. Addison himself, at his villa in Chelsea, and still more amidst the gilded slavery of Holland House, might have envied the literary seclusion, ample for so rapid a reader, which the usages of Indian life permitted Macaulay to enjoy. "I have a very pretty garden," he writes, "not unlike our little grass-plot at Clapham, but larger. It consists of a fine sheet of turf, with a gravel walk round it, and flower-beds scattered over it. It looks beautiful just now after the rains, and I hear that it keeps its verdure during a great part of the year. A flight of steps leads down from my library into the garden, and it is so well shaded that you may walk there till ten o'clock in the morning."

Here, book in hand, and in dressing-gown and slippers, he would spend those two hours after sun-rise which Anglo-Indian gentlemen devote to riding, and Anglo-Indian ladies to sleeping off the arrears of the sultry night. Regularly, every morning, his studies were broken in upon by the arrival of his baby niece, who came to feed the crows with the toast which accompanied his early cup of tea; a ceremony during which he had much ado to protect the child from the advances of a multitude of birds, each almost as big as herself, which hopped and fluttered round her as she stood on the steps of the verandah. When the sun drove him indoors, (which happened sooner than he had promised himself, before he had learned by experience what the hot season was,) he went to his bath and toilette, and then to breakfast; "at which we support nature under the exhausting effects of the climate by means of plenty of eggs, mango-fish, snipe-pies, and frequently a hot beefsteak. My cook is renowned through Calcutta for his skill. He brought me attestations of a long succession of gourmands, and among them one from Lord Dalhousie, who pronounced him decidedly the first artist in Bengal. [Lord Dalhousie, the father of the Governor-General, was Commander-In-Chief in India during the years 1830 and 1831.] This great man, and his two assistants, I am to have for thirty rupees a month. While I am on the subject of the cuisine, I may as well say all that I have to say about it at once. The tropical fruits are wretched. The best of them is inferior to our apricot or gooseberry. When I was a child, I had a notion of its being the most exquisite of treats to eat plantains and yams, and to drink palm-wine. How I envied my father for having enjoyed these luxuries! I have now enjoyed them all, and I have found like much greater men on much more important occasions, that all is vanity. A plantain is very like a rotten pear,--so like that I would lay twenty to one that a person blindfolded would not discover the difference. A yam is better. It is like an indifferent potato. I tried palm-wine at a pretty village near Madras, where I slept one night. I told Captain Barron that I had been curious to taste that liquor ever since I first saw, eight or nine and twenty years ago, the picture of the negro climbing the tree in Sierra Leone. The next morning I was roused by a servant, with a large bowl of juice fresh from the tree. I drank it, and found it very like ginger-beer in which the ginger has been sparingly used."

Macaulay necessarily spent away from home the days on which the Supreme Council, or the Law Commission, held their meetings; but the rest of his work, legal, literary, and educational, he carried on in the quiet of his library. Now and again, a morning was consumed in returning calls, an expenditure of time which it is needless to say that he sorely grudged. "Happily, the good people here are too busy to be at home. Except the parsons, they are all usefully occupied somewhere or other, so that I have only to leave cards; but the reverend gentlemen are always within doors in the heat of the day, lying on their backs, regretting breakfast, longing for tiffin, and crying out for lemonade." After lunch he sate with Mrs. Trevelyan, translating Greek or reading French for her benefit; and Scribe's comedies and Saint Simon's Memoirs beguiled the long languid leisure of the Calcutta afternoon, while the punkah swung overhead, and the air came heavy and scented through the moistened grass-matting which shrouded the windows. At the approach of sunset, with its attendant breeze, he joined his sister in her drive along the banks of the Hooghly; and they returned by starlight,--too often to take part in a vast banquet of forty guests, dressed as fashionably as people can dress at ninety degrees East from Paris; who, one and all, had far rather have been eating their curry, and drinking their bitter beer, at home, in all the comfort of muslin and nankeen. Macaulay is vehement in his dislike of "those great formal dinners, which unite all the stiffness of a levee to all the disorder and discomfort of a two-shilling ordinary. Nothing can be duller. Nobody speaks except to the person next him. The conversation is the most deplorable twaddle, and, as I always sit next to the lady of the highest rank, or, in other words, to the oldest, ugliest, and proudest woman in the company, I am worse off than my neighbours."