Hostname: page-component-7479d7b7d-m9pkr Total loading time: 0 Render date: 2024-07-12T18:23:19.990Z Has data issue: false hasContentIssue false

Civil Address and the Early Colonial Petition in Madras

Published online by Cambridge University Press:  30 January 2019

BHAVANI RAMAN*
Affiliation:
Department of History, University of Toronto Email: bhavani.raman@utoronto.ca

Abstract

In recent years, petitioning cultures have attracted scholarly interest because they are seen as germane to the infrastructure of political communication and modern associative life. Using materials from early colonial Madras, this article discloses a trajectory of the appeal which is different from its conventional place in the social theory of political communication. Colonial petitions carried with them the idea of law as equity through which a paternalist government sought to shape a consenting subject, even as this sense of equity was layered by other meanings of justice. In this sense petitions reworked and exceeded the idioms of imperial law and justice. Thus two aspects of the colonial petition are the focus of this article: its genealogies in the institutional history of the early modern corporation that transmitted notions of law as equity, and the recursive and heteroglossic nature of the language of appeal that enabled this text-form to be an enduring site for refashioning terms of address.

Type
Research Article
Copyright
Copyright © Cambridge University Press 2019 

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Footnotes

Acknowledgements: I wish to warmly thank the participants in the petitions workshop for their insightful feedback and engagement with this piece. I am indebted to the workshop organizers Rohit De and Robert Travers, and the editor and the two anonymous reviewers of Modern Asian Studies for their incisive comments that greatly aided its revision.

References

1 Zaret, David, Origins of Democratic Culture: Printing, Petitions, and the Public Sphere in Early-Modern England, Princeton University Press, Princeton, 2000Google Scholar; Swarnalatha, P., ‘Revolt, Testimony, Petition: Artisanal Protests in Colonial Andhra’, in Petitions in Social History, International Review of Social History Supplement 9, L. Heerma van Voss (ed.), Cambridge University Press, Cambridge, 2002, pp. 107130CrossRefGoogle Scholar, and other essays in this volume; Bilder, Mary Sarah, ‘Salamanders and Sons of God: The Culture of Appeal in Early New England’, in The Many Legalities of Early America, Tomlins, Christopher L. and Mann, Bruce H. (eds), University of North Carolina Press, Chapel Hill and London, 2001, pp. 4777Google Scholar; Mines, Mattison, ‘Courts of Law and Styles of Self in Eighteenth-Century Madras: From Hybrid to Colonial Self’, Modern Asian Studies 35 no. 1, 2001, pp. 3374CrossRefGoogle ScholarPubMed; Burbank, Jane, Russian Peasants go to Court: Legal Culture in the Countryside, Indiana University Press, Bloomington, IN, 2004Google Scholar; Majid Siddiqi, 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 Milia Islamia, Aakar Books, New Delhi, 2005; Sahai, Nandita, Politics of Patronage and Protest: The State, Society, and Artisans in Early Modern Rajasthan, Oxford University Press, Delhi, 2006CrossRefGoogle Scholar; Blackburn, Stuart H., Print, Folklore, and Nationalism in Colonial South India, Orient Blackswan, Delhi, 2006Google Scholar; Hung, Ho-fung, Protest with Chinese Characteristics: Demonstrations, Riots and Petitions in the Mid-Qing Dynasty, Columbia University Press, New York, 2011CrossRefGoogle Scholar; Fraas, Mitch, ‘Making Claims: Indian Litigants and the Expansion of the English Legal World in the Eighteenth Century’, Journal of Colonialism and Colonial History 15, no. 1, Spring 2014CrossRefGoogle Scholar.

2 On this last issue, see Siddiqi, The British Historical Context.

3 Chatterjee, Partha, The Black Hole of Empire: History of a Global Practice of Power, Princeton University Press, Princeton, 2012CrossRefGoogle Scholar; and Blackburn, Print, Folklore, and Nationalism. Siddiqi makes a stronger case for the connection between petitioning collectives and early Indian nationalism, ibid.

4 In English law, the popularity of the appeal is closely related to the elaboration of ideas of equity. This is that part of English law originally administered by the lord chancellor and later by the Court of Chancery, as distinct from the courts of common law. Petitions were addressed to the king who relied on his chancellor—‘the keeper of the king's conscience’—to do justice in each case. Law, Jonathan and Martin, Elizabeth A., ‘Equity’, in A Dictionary of Law, Oxford University Press, Oxford, 2014 [2009]Google Scholar.

5 See, for example, the debate on law in Subaltern Studies: Amin, Shahid, ‘Gandhi as Mahatma, Gorakhpur District, Eastern UP, 1921–2’, in Subaltern Studies Vol. III, Guha, Ranajit (ed.), Oxford University Press, Delhi, 1984, pp. 161Google Scholar; and Baxi, Upendra, ‘The State's Emissary: The Place of Law in Subaltern Studies’, in Subaltern Studies Vol. VII, Partha Chatterjee and Gyanendra Pandey (eds), Oxford University Press, Delhi, 1992, pp. 251269Google Scholar.

6 See Sewell's review of the sociologist and political scientist Charles Tilly in Sewell, William, ‘Collective Violence and Collective Loyalties in France: Why the French Revolution Made a Difference’, Politics and Society 18, no. 4, 1990, p. 530CrossRefGoogle Scholar.

7 For Gareth Stedman Jones, Chartist radicalism was not truly anti-bourgeois as much as it was a response to state centralization because it was premised on a politics of representation and inclusion. Jones concluded that the claim over the state via representative politics was unable to sustain an alternate assembly to parliament. Jones's argument may have found little favour with British Marxists invested in a working-class social history of Chartism, but it was certainly different from a liberal interest in considering petitions as something that compelled the English parliament to be more responsive to popular demands. Jones, Gareth Stedman, ‘The Language of Chartism’, in The Chartist Experience: Studies in Working-Class Radicalism and Culture, 1830–60, Palgrave Macmillan, Basingstoke, 1982, pp. 358CrossRefGoogle Scholar.

8 Fraser, Peter, ‘Public Petitioning and Parliament before 1832’, History 46, no. 158, 1961, pp. 195211CrossRefGoogle Scholar.

9 Tilly, Charles, Popular Contention in Great Britain, 1758–1834, Paradigm, London and Boulder, 1995, p. 173Google Scholar.

10 Zaret, Origins of Democratic Culture, p. 9.

11 Knights, Mark, Participation and Representation before Democracy: Petitions and Addresses in Premodern Britain, Cambridge University Press, Cambridge, 2009Google Scholar.

12 Chatterjee, Partha, The Politics of the Governed: Reflections on Popular Politics in Most of the World, Columbia University Press, New York, 2004Google Scholar. See also Menon, Nivedita, ‘Introduction’, in Empire and Nation: Selected Essays, Chatterjee, Partha (ed.), Columbia University Press, New York, 2010Google Scholar.

13 Bhuwania, Anuj, ‘Courting the People: The Rise of Public Interest Litigation in Post-Emergency India’, Comparative Studies of South Asia, Africa and the Middle East 34, no. 2, 2014, pp. 314335CrossRefGoogle Scholar.

14 Gilmartin, David, ‘Rethinking the Public through the Lens of Sovereignty’, South Asia: Journal of South Asian Studies 38, no. 3, 2015, pp. 371386CrossRefGoogle Scholar.

15 Gilmartin, David, ‘Towards a Global History of Voting, Sovereignty, the Diffusion of Ideas, and the Enchanted Individual’, Religions 3, no. 2, 2012, pp. 407423CrossRefGoogle Scholar. Elsewhere Gilmartin makes a provocative call for work comparing British India and Qing China: see Ocko, Jonathan K. and Gilmartin, David, ‘State, Sovereignty, and the People: A Comparison of the “Rule of Law” in China and India’, The Journal of Asian Studies 68, no. 01, 2009, pp. 55100CrossRefGoogle Scholar. The article attracted lively debate and some criticism in the same volume of The Journal, with Prasenjit Duara arguing for the limits of an understanding of sovereignty based in law and underscoring the importance of organicity and authenticity in the creation of popular sovereignty: Duara, Prasenjit, ‘The Limits of Legal Sovereignty, China and India in Recent History’, The Journal of Asian Studies 68, no. 01, 2009, pp. 122127CrossRefGoogle Scholar.

16 Hung, Ho-fung, ‘Changes and Continuities in the Political Ecology of Popular Protest: Mid-Qing China and Contemporary Resistance’, China Information 21, no. 2, 2007, pp. 299329CrossRefGoogle Scholar.

17 Hung, Protest with Chinese Characteristics.

18 Ibid., p. 175.

19 On iterability and the production of context, see Derrida, Jacques, ‘Signature, Event, Context’, in Margins of Philosophy, Alan Bass (trans.), University of Chicago Press, Chicago, 1982Google Scholar.

20 Gandhi, Mohandas, Gandhi: ‘Hind Swaraj’ and Other Writings, Parel, Anthony J. (ed.), Cambridge University Press, Cambridge, 1997, p. 85Google Scholar.

21 Cody, Francis, The Light of Knowledge, Literacy Writing and the Politics of Writing in South India, Cornell University Press, Ithaca, 2013, pp. 171205Google Scholar.

22 On the legalism in Gandhi's career, see Narrain, Arvind, ‘My Experiments with Law: Gandhi's Exploration of Law's Potential’, National University of Juridical Studies Law Review 6, no. 273, 2013Google Scholar.

23 Udaya Kumar, ‘Dr Palpu's Petition Writings and Kerala's Past’, The Nehru Memorial Museum Library (NMML) Occasional Paper, History and Society, New Series, No. 59; Geetha, A. and Rajadurai, S. V., ‘Dalit and Non-Brahman Consciousness in Colonial Tamil Nadu’, Economic and Political Weekly 28, no. 39, September 1993, pp. 20912098Google Scholar. For several examples of Iyothee Thass's petitions, see Aloysius, G. (ed.), Ayottitacar Cintanaikal, 3 volumes, Nattar Valakkarriyal Ayvu Maiyam, Palaiyamkottai, 1999–2003Google Scholar. Earlier Dalit petitions in Madras argued against upper caste social convention by offering alternative histories of customs: see Balachandran, Aparna, ‘The Many Pasts of Mamul: Law and Custom in Early Colonial Madras’, in Time, History and the Religious Imaginary in South Asia, Murphy, Anne (ed.), Routledge, New York, 2011Google Scholar.

24 The Correspondence of W. E. B. Dubois. Volume III, The University of Massachusetts Press, Amherst, 1978 [1946], p. 163.

25 Ibid.

26 Brimnes, Niels, Constructing the Colonial Encounter: Right and Left Hand Castes in Early Colonial South India, Nordic Institute of Asian Studies Monograph no. 81, Curzon, Richmond, Surrey, 1999Google Scholar.

27 ‘Letter to the Magistracy at Ganjam’, Judicial Cons., 7 June 1805, Vol. 11, p. 1135, Chennai, Tamil Nadu State Archives (henceforth TNSA).

28 ‘Letter to the Board regarding the deshpandiah in Ellore’, BOR Cons., 11 November 1799, Vol. 239, No. 16, pp. 9058– 9063, TNSA.

29 Kumar, ‘Dr Palpu's Petition Writings’.

30 Asiatick Society and Monthly Miscellany, January–June 1829, p. 341.

31 Chingleput Collectorate Records, 20 March 1784, Vol. 441, TNSA.

32 Wright, Arnold, ‘Petitions and Begging Letters’, in Baboo English as ‘tis Writ; Being Curiosities of Indian Journalism, T. F. Unwin, London, 1891Google Scholar.

33 Cohn, Bernard, Colonialism and its Forms of Knowledge: The British in India, Princeton University Press, Princeton, 1996Google Scholar.

34 Keane, Webb, ‘From Fetishism to Sincerity: On Agency, the Speaking Subject, and Their Historicity in the Context of Religious Conversion’, Comparative Studies in Society and History 39, no. 04, 1997, pp. 674693CrossRefGoogle Scholar.

35 Bhabha, Homi, The Location of Culture, Routledge, London and New York, 2004 [1994], p. 94Google Scholar.

36 Sarkar, Tanika, ‘Talking about Scandals: Religion, Law and Love in Late Nineteenth Century Bengal’, Studies in History 13, no. 1, 1997, pp. 6395CrossRefGoogle Scholar.

37 Perhaps this is one important reason why early colonial officials like Thomas Munro expressed their hostility towards a free press, even as they admitted the importance of the universal right to petition.

38 On this, see S. Inayat A Zaidi, ‘Introduction’, in Siddiqi, The British Historical Context.

39 This is illustrated nicely in a painting dating to 1589 by Das, Keshav, reproduced in Milo Cleveland Beach, ‘The Mughal Painter Kesu Das’, Archives of Asian Art 30, 1976–1977, p. 50Google Scholar, Fig. 17. In turn, to be excused from petitioning was a mark of great favour, as the Emperor Babur did in 1527 when he excused a qazi from having to petition annually to renew his land grant: IO Islamic 4720/1, British Library, London.

40 Dumont, Louis, A South Indian Subcaste: Social Organization and Religion of the Pramalai Kallar, Oxford University Press, New Delhi, 1986, photographic plate 17Google Scholar.

41 Hasan, Farhat, State and Locality in Mughal India: Power Relations in Western India, c. 1572–1730, Cambridge University Press, Delhi, 2004Google Scholar.

42 Śrīnivāsa Kavi and V. Raghavan, Ānandaraṅga Vijayacampuḥ, Palanippa Brothers, Thiruchirapalli, 1948. Persian Inshá manuals describe a similar set of ritual conventions for the receiving royal documents.

43 Lambourn, Elizabeth, ‘India from Aden—Khutba and Muslim Urban Networks in Late Thirteenth-Century India’, in Secondary Cities and Urban Networking in the Indian Ocean Realm, c. 1400–1800, Hall, Kenneth (ed.), Lexington Books, Lanham, MD, 2008Google Scholar.

44 Brimnes, Constructing the Colonial Encounter, p. 145.

45 Public Cons., 13 October 1813, Vol. 412, p. 5780, TNSA.

46 Ibid.

47 Bilder, ‘Salamanders and Sons of God’, pp. 47–77.

48 Ibid.

49 On imperial justice, see Mukherjee, Mithi, ‘Justice, War, and the Imperium. India and Britain in Edmund Burke's Prosecutorial Speeches in the Impeachment Trial of Warren Hastings’, Law and History Review 23, no. 03, 2005, pp. 589630CrossRefGoogle Scholar; and Mukherjee, M., India in the Shadows of Empire: A Legal and Political History 1774–1950, Oxford University Press, New Delhi, 2010Google Scholar.

50 Bilder, ‘Salamanders and Sons of God’.

51 Beales, Derek, ‘Joseph II, Petitions and the Public Sphere’, in Cultures of Power in Europe during the Long Eighteenth Century, Scott, Hamish and Simms, Brendan (eds), Cambridge University Press, Cambridge, 2007, pp. 249268CrossRefGoogle Scholar.

52 ‘Appeal to the King in Council, 1823’, in Raja Rammohan Roy, His Life, Speeches and Writings, cited in Mukherhjee, India in the Shadows of Empire, p. 46; and Bayly, C. A., Recovering Liberties: Indian Thought in the Age of Liberalism and Empire, Cambridge University Press, Cambridge, 2011, p. 51CrossRefGoogle Scholar.

53 Public Cons., 13 November 1814, Vol. 424, pp. 200–29, TNSA.

54 Ibid.

55 On the Company's ‘Amsterdam liberty’ and Protestant toleration, see Stern, Philip, The Company State: Corporate Sovereignty and the Early Modern Foundations of the British Empire, Oxford University Press, Oxford, 2011, pp. 102118CrossRefGoogle Scholar. As he observes, toleration did not mean acceptance but a capacity to bear difference.

56 On the changing notion of equity and its relationship to common law in the eighteenth century, see Bilder, ‘Salamanders and Sons of God’. Also see Derrett, J. D. M., ‘Justice, Equity and Good Conscience’, in Changing Law in Developing Countries, Anderson, J. N. D. (ed.), Allen and Unwin, London, 1963Google Scholar.

57 A. M. Fraas, ‘“They Have Travailed into a Wrong Latitude”: The Laws of England, Indian Settlements, and the British Imperial Constitution, 1726 to 1773’, PhD thesis, Duke University, 2011.

58 See Aparna Balachandran's article in this special issue.

59 ‘Petition from the Christian Inhabitants of Nagapattinam dated 7 February 1807’, Judicial Cons., 20 March 1807, Vol. 23, p. 753, TNSA.

60 Ibid.

61 Chingleput Collectorate Records, 20 March 1784, Vol. 441, TNSA.

62 Gune, V. T., The Judicial System of the Marathas, Deccan College Postgraduate and Research Institute, Pune, 1953Google Scholar.

63 Merchants, brokers, and translators close to Company traders frequently led multi-caste assemblies that included Dalit headmen. In response to the police superintendent of Madras, the local police office produced a register or list of the respectable inhabitants of the city. See Public Cons., 26 October 1813, Vol. 412, p. 5781, TNSA. From this document, it is clear that this body of men also petitioned the Company regularly; these patterns were found in French and Danish ports in the Coromandel. See Brimnes, Constructing the Colonial Encounter, pp. 43, 148 and 250.

64 Davis, Natalie, Fiction in the Archives, Princeton University Press, Princeton, 1987Google Scholar; Gune, The Judicial System.

65 From my reading it is clear that the assemblies could attract wide participation but these were spaces deeply embedded in caste power.

66 Public Cons., 31 January 1809, Vol. 355, pp. 1422–1425, TNSA.

67 Board of Revenue Cons., 20 November 1786, Vol, 5, no. 15, p. 1559, TNSA.

68 Public Cons., 5 October 1832, Vol. 604, No. 29–30, pp. 3023–3025, TNSA.

69 Fraas, ‘“They Have Travailed into a Wrong Latitude”’.

70 Chartier, Roger, The Cultural Origins of the French Revolution, Duke University Press, Durham, 1991Google Scholar.

71 Tanjavur Commissioner's Report, 1799, Revenue Misc 183: A, paragraph 48, TNSA.

72 See Pope, G. U., Handbook of the Tamil Language, Marwah, New Delhi, 1982, p. 3664Google Scholar. R. Champakalakshmi describes the ritual singing of hymns by temple functionaries, called patikam pātuvār. See Champakalakshmi, R., ‘The Patikam Pātuvar: Ritual Singing as a Means of Communication in Early Medieval South India’, Studies in History 10, no. 2, 1994, pp. 199215CrossRefGoogle Scholar.

73 On cutcherry Tamil, see Raman, Bhavani, Document Raj: Writing and Scribes in Early Colonial South India, University of Chicago Press, Chicago, 2012CrossRefGoogle Scholar.

74 Public Cons., 13 November 1814, Vol. 424, pp. 200–229, TNSA.

75 Asiatick Society and Monthly Miscellany, p. 341.

76 Raman, Document Raj.

77 Kumar, ‘Dr Palpu's Petition Writings’, pp. 1–5.

78 Ibid.

79 Davis, Fiction in the Archives, p. 3.

80 Mukherjee, India in the Shadows of Empire.

81 Burke, Edmund, ‘The First Day of Reply’, Speeches in the Impeachment of Warren Hastings, in The Works of Edmund Burke, Vol. VIII, Little, Brown and Co., Boston, 1839, p. 65Google Scholar. Cited in Mukherjee, India in the Shadows of Empire, p. 22.

82 Mukherjee, India in the Shadows of Empire, p. 49.