January 7, 1848

Legal Document No 2

(Extract)

Your Highness is aware of the principle by which the British Government is guided in its treaties with Eastern Princies where cessions of territory are involved that whilst it will scrupulously fulfill all its obligations for the protection of its ally, it never can consent to incur the reproach of becoming indirectly instrument of the oppression of the people committed to the Prince's charge.

If the aversion of the people to a Prince's rule should by his injustice become so miserable as to cause the people to seek his downfall, the British Government are bound by no obligation to force the people to submit to a ruler who hasderived himself of their allegiance by his misconduct.

In no case, will the British Government be the blind instrument of a Ruler's injustice towards his people and if inspite of friendly warnings, the evil of which the British Government may have just cause to complain be not corrected, a system of direct interference must be resorted to which as Your Highness must be aware would lower the dignity and curtail the independence of the Ruler.

January 14, 1852

Legal Document No 3

(Extract)

On account of certain excesses committed by some European Visitors in the past year, I intend to appoint some responsible European official at Srinagar to stay there till the return of the said visitors in order that he may put a stop to the occurance of such excesses. As the Maharaja is well acquainted with the good intentions and sociability of Major MacGregor, I wish he may be allowed to stay at Srinagar till the end of the hot season to supervise the conduct of European visitors to Kashmir. As this arrangement is also for the benefit of High Highness, it is hoped that it will be gladly accepted by High Highness.

September 26, 1873

Legal Document No 4

(Extract)

In view of the important position of Your Highness's territories on the north-western frontiers of British India, the increasing importance attached to political affairs in Central Asia, the necessity of obtaining early and reliable information of all that takes place beyond the Himalayan passes, the mischief caused by the circulation of false and exaggerated rumours from those quarters, and the close relations which will, His Excellency in Council trusts. be established with Yarkand, it appears to His Excellency in Council to be advisible that a British Resident should remain permanently at the Court of Your Highness. This alteration of the present arrangements is made for reasons relating to the external relations of British India, and the Viceroy has no intention of interfering more than heretofore in the internal affairs of Kashmere.

December 9, 1882

Legal Document No 5

(Extract)

It may not be worth while to alter the designation of the Officer on Special Duty, though his present designation is cumbrous and absurd. His duties are not special but the ordinary duties of an Agent or a 'Charged' Affairs'. But there is no magic in the word 'Resident'. Whatever the Maharaja may think, and I am not aware that the powers of a Resident as such are anywhere strictly defined, they would probably vary with the degree of control exercised by the Paramount power. I myself am of the opinion that 'Agent to the Governor-General' would be more appropriate designation and one less likely to terrify the Maharaja and as High Highness has a Vakil or Agent with the Governor-Generalhe would hardly be astonished that the Governor-General should have a Vakil or Agent with him. No matter what the Officer is called, his position should be strengthened, in justice to him and to the Darbar.

April 7, 1884

Legal Document No 6

(Extract)

The three principal facts which it is necessary to notice are that the death of the Maharaja Ranbir Singh is apparantely near at hand; that the administration of the Kashmir State is so thoroughly disorganised as to threaten a complete breakdown; and that the heir-apparent to the Chiefship is said to be unfitted in character and habits to govern the State. The first two of these facts we have unfortunately been in a position to anticipate for a long time past. The Maharaja has been suffering for years from a moral disease; while the recent famine afforded convincing proof of the corruptness and inefficiency of the administration of Kashmir. We have also heard from time to time unsatisfactory accounts of the heir-apparent, and it has of late been reported that his father entertained some idea of setting him aside by a testamentary disposition. In our judgment, the time has now come for determining the course which the British Government should adopt on the death of the Maharaja; and we therefore proceed to lay our views before your Lordship.

Turning first to the question of the succession to the present Chief, we are of opinion that the eldest son, Mian Pertab Singh, should be proclaimed at once when his father die. We do not consider that we can take congizance of the vices attributed to Pertab Singh unless they have reduced him to a condition of actual incapacity which does not appear to be the case; nor do we think that in this matter we should be justified in attaching any weight even to the wishes of His Highness Ranbir Singh. For the general interests of peace and good order among the Native States, no encouragement should be given to the idea that an eldest son can be set aside at the with of his father; and we hold that in practice nothing but the clearest evidence of actual incapacity to rule should be allowed: to stand in the way of a regular succession by order of primogeniture. Further we are entirely opposed to permitting any partition of the Kashmir State, by will or otherwise, among the three sons of the present Chief. Feeling confident that our opinion upon these points are in accord with established policy, we have anticipated your Lordship's orders by issuing the instructions necessary for-the guidance of Lieutenent-Colonel Sir Oliver St. John, K.B.C.I., the Officer on special Duty, ire case of an emergency arising. In the meanwhile we do not think it desirable formally to announce to the Maharaja that a will affecting the succession could not be recognised, because this course might raise unpleasant discussions. But the Officer on Special Duty will avail himself of any good opportunity for intimating to His Highness that such a will would not be expedient.

On the succession of the new Chief, it will not, in our opinion, be proper to postpone any longer representation of our views upon the necessity for introducing substantial reforms into the administration of Kashmir. The misgovernment to which the people of that country have long been subjected was some time since prominently brought to our notice by Mr. Henvey. We did not take action at once, conceiving that a more favourable opportunity would present itself on the occurence of a fresh succession-an event which seemed unlikely to be long postponed. When that event takes place, we consider that it will be our duty to impress upon the Kashmir Government its obligations to its own subjects, and to see that the reforms which are so urgently needed are no longer postponed. With this view we would propose, immediately on the occurence of the next succession, to inform the Maharaja, that we regard the present state of affairs as most unsatisfactory and that substantial reforms are required. We would if possible lead the new Government to propose the measures necessary to give effect to this altered policy, but we should require that their execution should be entrusted to competent hands. While firmly insisting upon necessity for a change, we should avoid any direct interference with administrative details.

We are, however, sensible that, if our advice is to be effectual, it may be necessary to alter the present arrangement under which our representative remains in the Maharaja's territory for a portion only of the year. Such a change would probably be welcomed by the people of Kashmir; and as it would not be introduced until after the death of Maharaja Ranbir Singh, his feelings in the matter would be fully respected. It is a measure which may be called for, not merely by the need for assisting and supervising administrative reforms, but also by the increasing importance to the Government of India of watching events beyond the North-Western frontier of Kashmir. Any disturbances which continued misgovernment might create in Kashmir, would be actually felt on the frontiers of Afghanistan; the connection between Kashmir and its dependent Chiefships would in all probability be served; and grave political complications might easily ensue. We have therefore to consider the necessity for providing for efficient political supervision, not merely in the interests of the people of Kashmir, but also in the interests of the people of India. Under these circumstances we are anxious to obtain from Her Majesty's Government authority to appoint, if it should appear to us necessary, at any time after the death of the present Maharaja, a Resident political officer, who will exercise a general supervision over the affairs of the Kashmir State. We do not propose that this officer if appointed by us, should hold any actual position in the government of the State, nor do we think that it would be necessary to give him special powers in the province of Kashmir. It will suffice if he occupies, with regard to Jammu and Kashmir, the position and powers ordinarily given to a British Resident in a feudatory State.

The British Government are not debarred by any engagement express or tacit, from posting a political Officer permanently in Kashmir; and we see no reason why an arrangement which has been accepted without demur by such a State as Hyderabad should not be adopted in regard to the Kashmir State. If this view is correct, the only question which arises is, whether existing circumstances do not render it desirable to give us the authority we seek.

May 23, 1884

Legal Document No 7

(Extract)

(2) In anticipation of the death of Maharaja Ranbir Singh which is believed to be near at hand, your Excellency in Council has had under consideration (l) the course to be adopted in regard to the succession; (2) the measures which should be taken on the commencement of a new reign, in order to secure reforms in the administration of the State; and (3) the expediency of a change in the existing arrangements for the representation of the British Government at the Maharaja's Court.

(3) Your Excellency in Council is of opinion that any attempt on the part of the Maharaja to exclude his eldest son from the succession should be discouraged, and that Mian Pertab singh should be proclaimed immediately on his father's death; you propose to require from the new ruler substantial reforms in the administration, and to insist upon their execution being entrusted to competent hands; and you request from Her Majesty's Government discretionary authority to appoint, at any time after the death of Maharaja Ranbir Singh. a British Resident in Kashmir, with the position and powers ordinarily given to such an officer in a feudatory State.

(4) While I regret to receive so unfavourable an account of the character of the Maharaja's heir, I agree with your Government in regarding as inexpendient any deviation in the case Excellency's of Kashmir from the regular succession by order of primogeniture, or any partition of the State, by will or otherwise, among the three sons of the present Chief. I approve therefore, of the instructions in accordance with this view, which I understand to have been sent to the Officer onSpecial Duty in Kashmir.

(5) As to the urgent need of reforms in the administration of the State, there is, unfortunately, no room for doubt. It may, indeed, be a question whether, having regard to the circumstances under which the sovereignty of the Country was entrustd to the present Hindu ruling family, the intervention of the British Government on behalf of the Muhamadan population has not already been too long delayed; but, however this may be, Her Majesty's Government are satisfied that' upon a fresh succession, no time, should be lost in taking whatever steps may be requisite in order to place the administration upon a sound footing.

(6) The same occasion would, in the opinion of Her Majesty’s Government, be a suitable one for introducing a change in the present arrangement under which your Excellency's representative remains in Kashmir for a portion only of the year.

(7) In 1845 it was decided not to appoint a political officer to reside permanently at the Maharaja's Court, whilst in 1873, when the measure was recommended by Lord Northbrook's Government, the necessity for it did not seem to Her Majesty's Government to be so clearly established as to justify them in disregarding objections which were expressed by authorities entitled to respect. But in the interval which has since elapsed, circumstances have greatly changed; and whether regard be had to the condition of the country, to the character of the Prince into whose hands the Government will shortly pass, or to the course of events beyond the course of events beyond the border, which has materially increased the political importance of Kashmir, the appointment which you request a discretionary authority to make appears to be not only desirable but necessary. Your Excellency in Council Isis therefore, at liberty to proceed in the matter as you may think proper at any time after the death of Maharaja Ranbir Singh, taking care meanwhile that strict secrecy is observed as to your intentions.

August 1, 1884

Legal Document No 8

(Extract)

In case of Maharaja Ranbir Singh's death, his eldest son, Mian Pertab Singh, will succeed to the undivided Chiefship the new Maharaja will be called upon to introduce such reforms as many seem to be necessary; and a Resident Political Officer will be stationed in Kashmir. It remains to inform you of the precise steps which the Governor-General in Council desires you to adopt for earring out these arrangements.

So long as Maharaja Ranbir Singh is alive, the Government of India do not propose to make any change in their exiting policy. His Highness should be quietly dissuaded, if he refers to you on the subject, from executing any testament in favour of the partition of his territories; but it will not be necessary for you to make any formal communication to His Highness upon this matter, or to travel beyond existing practice in recommending to him administrative reforms, or other desirable measures. You should abstain from any allusions to the subject of changes in the existing position of the officer on special Duty in Kashmir, and you should avoid as much as possible - anything which is calculated in the Maharaja's present state of health unnecessarily to disturb his mind. It is of course desirable that you should use your influence, as far as you can, even during the life of the Maharaja, for the improvement of tile condition of Kashmir; but the Governor-General in council wishes to treat His Highness with the utmost consideration and, as any substantial reform would probably involve a very unpalatable degree of interference with his proceeding, it will be sufficient if, during the remainder of his life, you can perserve the administration of the State from any material change for the worse.

If at any time Maharaja's death should appear to be very near at hand, you should make arrangements to join His Highness at Jammu, or wherever he may then be, and to prevent, by disorder occurring. If his illness should unfortunately terminate fatally, you should take the earliest opportunity of announcing that the Viceroy is pleased to recognize the succession of Mian Pertab Singh to the Chiefship, and you should formally install the new Chief on the gadi of Jammu and Kashmir.

At the same time you should inform His Highness, and the members of his Durbar, of the views and intentions of the British Government in regard to the future administration of the State. You should give them clearly to understand that His Excellency the Viceroy regards the existing conditions of affairs in Kashmir as most unsatisfactory; and you should warn His Highness and those about him that substantial reforms must be introduced without delay. You should then announce that, with the view of aiding His Highness in the introduction and maintenance of those reforms, the Viceroy has decided to give His Highness the assistance of a resident English officer, and that for the future the British representative in Kahmir will have the same status and duties as the Political Residents in other Indian States in subordinate alliance with the British Government.

It is important, in order to avoid uncertainty and the risk of disorder, that this announcement of the intentions of the Government should take place without delay, and that they should clearly and fully understood both by the Maharaja and by all others concerned when he is installed. The recognition and installation of the new Chief should be as prompt and formal as posssible, and nothing should be omitted that can have the effect of assuring His Highness of the good-will of the British Government, but, while treating the Maharaja with utmost friendliness and courtesy, you cannot speak too plainly in regard to the Viceroy's views and intentions.

Immediately after the news of Maharaja Ranbir Singh's death reaches the Government of India, a letter addressed by His Excellency the Viceroy to the new chief will be sent to you for delivery. A draft of this letter is enclosed for your information. When you receive the signed copy of this draft or before you receive it, if the ceremonies connected with the change of rulers should afford you an opportunity of speaking earlier, you should invite the Maharaja to indicate the reforms which he may consider it necessary or desirable to introduce; and you should ask His Highness to inform you of his views with regard to the persons whom he would propose to place in charge of the administration. It will not be expedient to bring in a Minister from elsewhere if a sufficiently well qualified local candidate can be found; and as far as possible the Governor-General in Council would wish to leave the Maharaja free to form own Government. Any proposals, therefore, which His Highness may put forward on this subject will be tentatively accepted, unless you should see decided reason to object to them as holding out no prospect of success.

You will notice that the draft letter to the Maharaja impresses upon him the necessity for consulting you fully at all times, and following your advice. You should therefore not hesitate to offer your advice freely whenever N'OU may think it desirable to do so; the more particularly because owing to the peculiar conditions under which the Maharaja will succeed to the Chiefship, it will be necessary that his administration should for a time at least be closely supervised; the condition of Kashmir must be thoroughly reformed, and the Governor-General in Council cannot allow this object to tee frustrated by any obstruction or procrastination on the part of the Durbar.

I am now to enumerate, for your information and guidance, the principal measures of reform which appear to the Governor-General in Council to be necessary after any arrangements required for the immediate alleviation of distress, if distress exist, have been adopted and carried out. In the opinion of the Governor-General in Council those measures are: the introduction of a reasonably light assessment of land revenue, collections being made in cash if on examination this seems to be a suitable arrangement; the construction of good roads; the cessation of State monopolies; the revision of existing taxes and dues, especially transit dues and the numerous taxes upon trades and professions; the abolition of the system of farming the revenue, wherever the system is in force; the appointment of respectable officials, if such exist, and their regular payment in coin; the removal of all restrictions upon emigration; the reorganization and regular payment of the army; and the improvement of the judicial administration. In order to afford the Maharaja all possible help in the introduction of such reforms, the Governor-General in Council will if necessary grant High Highness a loan from Imperial revenues, and will also be willing to place at his disposal, for a time, the services of any officers of the British Government who may seem specially qualified to assist the new administration in carrying out the measures contemplated. Such assistance seems to be more particularly required with regard to the revision of the settlement and the construction of roads. The pay of any officers transferred must, however, be found by the Kashmir State.

With reference to the relations existing between Kashmir and the State upon her northern border, the Governor-General in Council does not think it necessary at present to issue any detailed instructions. The question is an important one, and will require your close and constant attention. You should be kept accurately informed of all movements of troops and other noteworthy occurrences in the direction of the frontier, and you should be prepared to advise Maharaja Pratap Singh freely on all matters of frontier policy. But at present the Governor-General in Council has no special instruction to give you on this subject.

September 14, 1885

Legal Document No 9

(Extract)

I have received with deep regret the news of the death of your father, Maharaja Ranbir Singh and I wish to assure you without delay of my most sincere sympathy.

Maharaja Ranbir Singh rendered valuable service to the British Government. I feel that his loss is the loss of a friend and I wish that it had not fallen to me during the period of my Viceroyalty, to consider the measures rendered necessary by this unfortunate event.

It is now my duty to inform you, on behalf of the Queen Empress of India, that I recognise and confirm your succession to the Chiefship of Jammu and Kashmir. I trust that your Highness's life may be long and prosperous; and that, in all difficulties, of whatsoever kind, you will rely with confidence upon the good-will of the British Government, which will never fail you so long as you are loyal to the Crown and earnest in the desire to rule your State with justice and moderation.

Your Highness has before you a difficult task. During the illness of your father the administration of the State became seriously disorganised and it will be necessary for you to introduce many reforms. But my agent, Sir Oliver St. John, will remain with you and help you to the utmost of his ability; and I feel confident that with his aid all your difficulties will be successfully met and overcome. I request your Highness to refer to him for a more detailed explanation of my views regarding the future administration of the Kashmir State; and I hope that your Highness will not fail to consult him freely at all times, and to be guided by his advice in carrying those views into execution.

September 16, 1885

Legal Document No 10

(Extract)

I have the honour to report my arrival here yesterday morning, my journey having been much delayed by the bad state of the road. At Verinag, late at night on the 12th, I received a telegram from Mian Pertab Singh, the heir-apparent, informing me of the death of his father, Maharaja Ranbir Singh at 4.30 p.m. that day.

The state of affairs seem to be somewhat as follows :

The death of Wazir Punnu (who fell down dead in Durbar

On the 6th instant) was a stroke of extraordinary good fortune for the opposite party, represented by Diwan Anant Ram and

Babu Nilambar. It not only removed their most powerful adversary, and the man who had the greatest influence with the present as with the late Maharaja, but it also keeps the country quiet without any effort on their part. The name of Punnu was a byeword and a reproach among the people, and all the tyranny and oppression from which they suffered was invariably laid to his door, not always with justice. Had he survived his old master, he would have been the leading spirit in the Councils of the new Chief, and the people, hopeless of improvement, would probably have made rebellious Demonstrations, which with an army eighteen months in arrears of pay, would not have been easy to suppress. But Punnu died six days before Pertab Singh succeeded to the Chiefship, and the people, overjoyed at their deliverance from the man whom they believed their sole tyrant, are probably indifferent to the change of rulers, and will remain quite in confident anticipation of early relief from their burdens.

Another fortunate circumstance for the new Chief is the general prosperity of the country, as far as it can be prosperous. under such a Government. The late spring rains caused someloss in the low country and the outer hills, as did the summer floods in Kashmir, but the agricultural out-turn for the last year has everywhere been exceptionally high, and the prospects of the crops now in the ground are excellent. Commerce is shown by the Punjab trade reports to be steadily improving inspite of the vexatious restrictions placed on it. Thus, as. far as the country itself is concerned, Maharaja Partab Singh and his councillors have everything in their favour. At present he is looking for advice to Babu Nilambar and Diwan Anant Ram. The first is clever and well-intentioned but deficient in force of character. The Diwan is perhaps well meaning but his bringing up inclines him to lean to the old way of managing the country, and he is weak and cunning. They are, I fear, wholly unable to cope with the difficulties which will meet them in improving the administration, should they make any real effort to do so. Certain simple reforms, such the abolition of obnoxious imports and export dues and the more regular payment of officials, they may effect, but it wills I fear, be hopeless to look for any serious improvement in the administration generality, without constant and heavy pressure, and material interference in details.

A probably early source of trouble will be the influence possessed over the new Maharaja by his personal followers. These, who are mostly men of the lowest class, are already beginning to assert themselves, and to offer to help their friends to lucrative employment. it can hardly belong before they and the party of Nilambar and Anant Ram come into conflict. The later will not have the courage to lean on the Resident, and govern as Salar Jang did in Hyderabad in spite of the Chief, but will try to trim with the usual consequences. On these points I will write more fully as the situation develops itself. For the present I have only pointed out to Anant Ram and Nilambar the urgent necessity for paying the troops and for relieving the export trade of the country from its burdens. They will not, or cannot give me any information of the actual state of the finance, except that the public treasury is practically empty. I have every reason to believe, however, that the late Maharaja regularly diverted the revenue of certain districts to his private chest. Some of this was devoted to religious purposes, but popular report has it that he has left large sums hoarded in obscure forts in different parts of the country. It is also said that he solemnly enjoined that this money should - never be used to meet the current expenditure of the State, and no doubt, if it exists, every effort will be made to keep it intact, or at all events to spend it on no useful object. The annual customs contract expires in the course of a month or two, and this will be a favourable opportunity for a revision of the tariff, which should entirely free the woollen and metal trades of Kashmir from the heavy export duties to which they are now subject. This will give an impulse to production in Srinagar, which should tide the artisan class over the w inter, of which the prospects are exceptionally bad owing to the final collapse of the shawl trade in Europe, and the paucity of visitors in the valley this year.

September 18, 1885

Legal Document No 11

(Extract)

I have also to present my grateful thanks to your Excellency for the most welcome message conveyed to me on the 15th instant by Colonel Sir Oliver St. John, the Officer on special Duty in Kashmir7 that your Excellency has been pleased to recognise my succession to the gadi of this State, and I hose by the blessing of God to let Your Excellency have the satisfaction of learning before long that I am as fully alive to the undoubted and immense importance of conscientiously discharging my duties towards my subjects by doing all in my power to secure their best happiness, as 1 am awake to the supremely important duty of giving renewed proofs of loyalty to the British Government by following in the footsteps of my father and grandfather.

I do not hesitate to admit that the existing state of affairs in Kashmir and Jammu urgently requires immediate introduction of substantial reforms into the administration of the country, and now that I have power commensurate with my responsibilities, I beg to assure your Excellency that nothing shall be spared on my part, and no time will be lost to prove beyond any possibility of doubt that it is my ambition to succeed in making nay country a model of a well-governed State in alliance with the Government of India.

It has, however, pained me extremely to learn that exactly at the time when I have made up my mind to deserve and win your Excellency's approbation and encouragement by proving myself equal to the onerous and responsible duties of a good ruler, your Excellency has been thinking of changing the status of the British officer on special Duty in Kashmir to that of a political Resident, and thus lowering me in the eyes of my subjects and in the estimation of the public. It is fully known to your Excellency that I have only just now acquired the power of showing to the world that, without any interference from any quarter or any, the smallest, diminution of long enjoyed rights and dignity of this State, I am able and willing of my own accord to introduce and maintain such reforms as are calculated to entitle a rulers to the lasting gratitude of his subjects, and encouraging approbation of the paramount power as well as the public at large.

September 25, 1885

Legal Document No 12

(Extract)

(1) The custom of "khodkasht'`. This is a system by which the State farms a part of the village lands itself. Advances are annually made to the persons employed for the purpose, but it is notorious that they embezzle the money, and cultivate the land with forced labour, and seed extorted from the villagers.

(2) The custom of "leri". This is a system of paying sepoys and others by remission of rent, instead of in coin and, for some reason not easily explained, is much disliked.

(3) Each group of ten houses in Jammu territory will no longer as before, be obliged to supply one Sepoy or other Government servant; forcible enlistment generally is abolished; and the role of obliging families to provide substitutes for deserters in done away with.

(4) The customs duty on rice and other provisions brought into Srinagar for sale is reduced from two annas in the rupee to half an anna, in other words from 12 1/2 to 3 l/8 per cent.

To understand the severity of this tax it must be explained that Government itself is the principal grain dealer, and fixes a permanent rate at whicl1 grain is sold. Thus the rate for unhusked rice in Re. 1-4 (English) per kharwar, equivalent to about 10 annas a man. If a Zemindar sends rice to market, he can ask no more for it than 10 annas a man, and has in addition to pay the customs contractor l l/4 Anna before he can offer it for sale. Under these conditions it is clear that the remission of three-fourths of this tax will benefit the producer, and not the ccr.sun or, who will pay the some price for his rice as before.

(5) The next impost remitted is also in favour of Zeminder. Every large village community in Kashmir comprises a "Zillahdar," or "Harkara," whose business it is to report the misdeeds of his fellows. The Durbar affect to look on these officials as rural police; but as they are occasionally women, and have no

powers beyond reporting, spies would be a better name for them. They are paid by a cess of I 1/2 per cent on the gross produce of the land. Some years ago it occurred to Wazir Punna that the Zillahdars were making too much money, and he therefore made their chief, the Harkara-Bashi (head-bringer of news) pay an annual sum to the treasury. This has been raised till it now amounts to 60,000 Chilki rupees (37,500 English) a great deal more than the estimated total value of the cess from which it is supposed to be paid. This most obnoxious impost is now abolished, but the Zillahdars are warned that they must continue to send in reports, and that if found extorting any thing beyond the legitimate 1 112 per cent they will be punished.

(6) The tax on the sale of horses in Kashmir, called "Zari-nakas", which at one time amounted to 50 per cent of the purchase money, is abolished.

(7) The tax on "Ekhas" playing for hire to Sailkot, which amounted to Re. 1-11 on a total of Rs. 2-10 annas is abolished, and some other minor dues are remitted.

September 25, 1885

Legal Document No 13

(Extract)

SIR OLIVER ST. JOHN, SARDARS AND GENTLEMEN.

(1) My hearty and cordial thanks are due to his Excellency the Viceroy, and his worthy representative and my sincere friend, Sir Oliver St. John, for the kharita recognising my succession to the Chiefship of this large and important State, and I take this fitting opportunity to declare publicly, that of the many arduous and responsible duties which I shall have to perform as the ruler of this State, the foremost under all circumstances will be the duty of following in the footsteps of fray illustrious grand father and the lamented Highness, in giving substantial proofs of unswerving and devoted loyalty to Her Imperial Majesty's Government, and, when the necessity will arise, of placing all the resources of my country at the disposal of His Excellency the Viceroy and of personally joining the British army with the whole of my military force.

(2) Next in importance to my obligations to the paramount power, but next to those only, will be the duty of governing my country with justice and moderation. The responsibilities which I an; going to undertake will be high and heavy indeed, but 1 believe God will grant me firmness and strength enough to discharge them witl1 credit to the family of my renowned ancestors, and benefit to the lakhs of subjects whom it has pleased providence to place under my care

(3) I have before me the difficult task of introducing substantial reforms in the administration of the country, but I believe I have only to look the difficulties boldly in the face and show a determined front, to achieve complete success and earn the reputation of a just and good ruler. Armed with purity of intentions and firmness of purpose, I may reasonably entertain the hope of being able to clear the administrative agency of all corruption and incompetency, and impart to it the maximum of honesty and efficiency. I now warn my officials of all ranks that I have fully made up my mind to put down corruption and intrigue wherever they may be found, and I hope they will do all in their power to help me in making administration a blessing and a source of unmixed good to my people.

(4) I know that the paramount power as well as the public will watch with interest the progress and development of my measures of reform, and I am fully alive to the fact that they will estimate me not by the pomp and splendour of my court and retinue, but by the amount of happines, that I may secure to my subjects.

(5) I need not trouble you now with minute details of what I intend to do, but I think I can declare without committing myself to any particular measure the policy and the general principles that will guide me in the conduct of my affairs. I shall adopt such measure only as are calculated to secure to my subjects their greatest good and the fullest enjoyment of their rights and privileges, and shall conduct my administration so that the tiller of the soil will enjoy a fair share of the produce of his labour and the manufacturer of his skill and industry, that every facility will be given to commerce by improving the means of communication and removing unnecessary and vexatious restrictions, that every encouragement will be offered to get all the resources of the country properly developed, that adequate measures will be taken to give my subjects the benefits of sound and useful education, that ample provision will be made for the relief of the sick and the suffering, and that real merit and worth in my subjects will be recognised and fostered without any distinction of race or rank, creed or colour.

October 19, 1885

Legal Document No 14

(Extract)

The demise of the late Maharaja Ranbir Singh was announced to your Lordship by telegram on the 12th September and the papers now enclosed will acquaint Her Majesty's Government with the steps we have taken to carry out the policy approved by Lord Kimberley's dispatch, dated the 23rd May 1884. The succesion of Pertab Singh, the eldest son of the deceased Maharaja, to the undivided Chiefship of Janice and Kashmir has been recognised and confirmed. The position of political officer in Kashmir has been placed on the same footing with that of Residents in other Indian States in subordinate alliance with the Government. The attention of the new ruler has been drawn to certain measures of reforms which we consider essential to remedy the longstanding misrule in His Highness's territories. At the same tirade Maharaja has been assured that we desire to leave The initiation of these measures in his hands, to abstain from unnecessary interference in his affairs, and to allow him all legitimate discretion and a liberal period of time for the execution of a work which is as difficult as it is necessary.

October 5, 1886

Legal Document No 15

(Extract)

The settlement of the Anglo-Indian-Cashmere means, in our opinion, the practical annexation of that State to the British Empire and as the presence of the Bangal is not very favorable to the quiet development of this scheme of annexation, their immediate departure and future exclusion from that State have really become a necessity of the situation … we do not know how far the Maharaja is to blame in respect to this affairs. Our own apprehension is that much pressure has been brought to bear on His Highness to compel the resignation of the Bengali officer in his State. These Bengalis are always thorn on the side of the foreign office and the officers of the political department and as the foreign office is evidently revolving some plans in regard to Kashmir that will not bear exposure to light, the removal of the Bengalis from position of influence in the State, necessarily considered the first step toward the accomplishment without disagreeable friction. The death of the old Maharaja was most unfortunate at this moment, and an the present ruling Prince very greatly needs advice and, guidance, the reported exodus of the Bengalis from Cashmere is the more to be regretted In course of time, too as Cashmere is to be shortly connected with British India by an extension of our Railways system. The Govt. may think fit to remove its summer residence from Simla to the "Happy Valley."

For no better place can possibly be selected for the purpose... It has been a veritable Naboths Vine Yeard, at which our Govt. has always been casting wistful eyes, longingly and lingeringly, and now under the plea of guarding India from Russian invasion, it is sought to colonise that territory with Anglo-Indians as a preliminary step, we believe, to its absolute annexation afterwards. The settlement of Kashmir with Anglo- Indians cannot fail to be followed up with the almost immediate absorption of the State …. We pity the lot of poor Cashmere and its Maharaja, and the present policy of Lord Dufferin in regard to that State is very much to be condemned. Lord Dufferin may imagine or plead, as we found him to do in regard to upper Burma, that he is justified by grave political reasons but such repeated acts of high-handedness will, we are afraid, lead to serious and unexpected disasters in the end. The Russian progress towards India may be put forward as an excuse for the present policy in connection with Cashmere, and, in trying to avert or remove danger, immediate peril is courted.

March 5, 1888

Legal Document No 16

(Extract)

I have had more opportunities of studying the Maharaja's character than perhaps any other officer in the country. My intercourse with him, official, private, and social, has boon frequent; my relations with him have been always friendly, there has never been any friction or tension between us. He has never failed in personal courtesy to me, nor ever refused to see me at any time or on any occasion; therefore I can fairly say that I am not actuated by any feelings of personal dislike tow-arcs His Highness.

I think, however, that the Government of India should be under no illusion as regards Maharaja Pertap Singh. From first to last I have failed to discover in him any sustained capacity for governing his country, or any genuine desire to ameliorate its condition, or to introduce those reforms which he has acknowledged to be necessary. More than two years have passed since his accession, but not only has he achieved nothing, but he has opposed beneficial measures proposed by others. The progress made has been in spite of him. I do not believe he is loyal, but fortunately he is powerless to carry his country with him. And I am convinced that the Government will commit a serious mistake if it believes that the reforms which the country urgently needs will ever be effected by Maharaja Pertap Singh. He will never, of his own free will, establish a capable and honest administration: nor, if any power of interference is left him, will he permit any administration appointed by the Government of India to carry on the business of the country. He will thwart and oppose it in every way he dares; the only restraint will be the limit of his powers and his fears; therefore I do not earnestly advise that the Maharaja be made plainly to understand that he has had his chance, and that he will not be allowed any longer to stand in the way. I would assign him a liberal income, to be placed at his absolute disposal, and treat him with full honour as titular Chief, but I would exclude him from all real power. He may reign, but not govern. A great danger with the

Maharaja is that his notorious weakness of character and purpose render him and easy tool in the hands of an unscrupulous adviser, and therefore it is essential that he should be controlled by some agency upon which the Government of India can place confidence. I consider that a reduction of the Maharaja's authority on these lines is an essential condition precedent to all other necessary measures.

Next, as to the form of Government. One plan is to appoint Raja Amar Singh Prime Minister, on condition of his undertaking to carry out in all respects the policy of the Government of India. He has not got sufficient experience or solidity of character to execute a task of this magnitude without the aid of a resolute and experienced adviser, and it would be necessary to constitute some such office as "Secretary to Government", and to nominate to it a suitable British Officer Native or European. I have great doubts whether Raja Amar Singh can be trusted, and, unless he has strong officer at his elbow to keep him straight, I do not think it would be safe to employ him. He has never forgotten his father's intentions on his behalf, and the object he is working for is to become Maharaja of Kashmir. Once he gets power into his own hands he will use it without scruple to attain this end. At present the Maharaja is friendly to Raja Amar Singh, because he wishes to Break the bond which unites the two younger brothers and Diwan Lachman Das, but there is no genuine affection or confidence between them; and the well-known fact that the Late Maharaja would have liked to supersede Partab Singh in favour of his youngest brother, is a special cause of jealousy. And I Should expect that, after a short time, all the influence which the Maharaja possesses, especially Zenana influence, would be brought to bear against Amar Singh. Another probable result of his elevation would be a feud between him and his brother Ram Singh, thereby raising against him another hostile party.

Another plan is to bring in a Prime Minister from elsewhere. There is no one in the Maharaja's employ fit for the post, and the selection would need particular care. The situation is this: no Native could administer the affairs of Jammu and Kashmir unless he is not only the exceptionally strong Character but also exceptionally honest; and, in any case he would require besides the full support of the Government of India. If a weak man is chosen he will succumb to local intrigue, notwithstanding all the support which tile Government may give him; and, if he is not honest, he will yield to the temptations with which the place abounds, and go with the swim. But, if a Native Minister is brought in from outside, I recommend precautionary measures being adopted with the Young Rajas. I should order each of them to take up his residence in his own Jagir, and so occupy the same position as. Raja Moti Singh of Punch. It is not right that these young men should be given large jagirs which they never visit. It ought to be a condition of the grant that they reside on their property and be personally responsible for its administration. They might pay yearly visits to Jammu just as Moti Singh does. Another good result of this measure would be to lay ther foundation of class such as exist in the Rajput States. As long as Raja Ram Singh continues to command the State Army there is no hope of any serious-reorganisation; and if Raja Amar Singh were to remain at Jammu, he would not leave a stone unturned to render the Prime Minister's position untenable.

A third plan is to continue the existing Council, Making the Resident its temporary head and strengthening it by the addition of two selected Natives. An administration so constituted would probably be strong enough to introduce all needful reforms, and to set the country in order. Three years would suffice to set things straight, and the Resident might then withdraw from the headship of the Council, and an administration be established on ordinary Native lines.

I believe that, sooner or later, the Government will have tot choose one or other of these three plans or some modifications of them. But, whatever plan is adopted, there is one measure which must under any circumstances be prescribed. This is, first, the immediate removal of the band of incompetent corrupt, and mischievous men who are at the bottom of most: of the intrigues by which this unfortunate State is torn; and, secondly, the appointment of an adequate number of trained. native officials on reasonable salaries who can be trusted, to carry out the orders given to them. Until the entire Kashmir establishment has been recast, and honest and competent servants substituted for the fraudulent and incapable men now employed, no reforms can be carried out, nor can any mere alteration of the Government be of any use.

April 13, 1888

Legal Document No 17

(Extract)

Your Excellency is already aware that circumstances obliged me to dismiss Diwan Lachman Das, Prime Minister and President of the Council. As I think that the Council which was formed with your kind advice should be continued, I have prepared a scheme for its reorganization which I beg to forward herewith to your Excellency.

I beg to express the high consideration and esteem I entertain for your Excellency and to subscribe myself, etc.

JAMMU & KASHMIR COUNCIL

CONSTITUTION

(l) The Council shall consist of a President, Vice-President, three members, and a Secretary.

(2) His Highness the Maharaja shall be the President.

(3) Highness shall appoint a Vice-President, Members and a Secretary.

(4) Three shall form a quorum.

(5) The Vice-President, Members, and the Secretary may be removed and substituted by majority of votes of the Members of the Council, for reasons to be recorded.

(6) The Council shall be a consultative one.

APPOINTMENT OF MEMBERS

(7) The Raja Amar Singh is hereby appointed VicePresident and Raja Ram Singh and Babu Nilambar Milkers Members, with Diwan Janki Prasad, Member and Secretary.

(8) The Members shall represent the 'following branches of administration:

(i) Military - Raja Ram Singh.

(ii) Judicial and Foreign Department - Raja Amar Singh. 

(iii) Revenue - Babu Nilambar Mukerji.

(iv) Miscellaneous - Diwan Janki Prasad.

9. The Vice-President shall also be the Prime Minister with executive powers.

10. The Vice-President and Members shall take the following oath: - 

"I solemnly declare that in giving my opinion as a Member of Council, I shall keep in view the best interests of the State, and shall freely express my honest convictions, without fear or favour, and I shall not divulge any secrets of the State."

BUSINESS

11. The Council shall sit three days in the week, authorised holidays excepted, and any extraordinary meeting shall be held, on the requisition of the Prime Minister.

12. It shall be the duty of the Council to legislate and hear and pass opinion on all subjects that may be brought forward by the Members.

13. The Council shall, on meeting, frame rules for its guidance, which may be removed or modified by it only.

14. All matters shall be decided on majority of votes.

15. Besides the matters which may be brought forward in the Council by the Members, the Prime Minister, who is the head of the Executive Government under His Highness, may refer to the Council for opinion all important questions affecting the administration in all its branches.

16. The respective opinions of the several Members shall be recorded and signed.

17. When a Member brings forward, or the Prime Minister refers, any special matter to the Council, it shall be the duty of the Secretary to furnish all the members with a written statement of the subject matter.

18. The office establishment shall be considered and settled by the Council on meeting.

July 25, 1888

Legal Document No 18

(Extract)

The Government of India have decided to accept in principal the scheme which His Highness has put forward, and your own alternative proposals have for the present been set aside. In coming to this conclusion the Governor-General in Council has not overlooked the fact that the Maharaja's Scheme is open to many objections and that partly on account of His Highness's personal character and partly for other reasons, it is not unlikely to prove a failure. But before sanctioning any measures which would have the effect, directly or indirectly, of taking all power out of the Maharaja's hand, the Government of India have felt that it would be just and right to allow the Maharaja a further opportunity of showing whether he is competent to discharge the duties of a responsible ruler. If after full and fair trial it becomes evident that he is wholly incapable of conducting the administration of the State the proposals which you have submitted will be reconsidered.

In the meantime I am to ask you to afford the Maharaja every assistance in your power with regard to the reorganisation of his Council and all other matter upon which he may consult you. The Governor-General in Council does not desire you to press upon him your own views as to these matters. You should understand that the responsibility for the success or failure of the present experiment will rest upon the Maharaja, and your aim should be to meet his wishes in every possible mender, not refusing your advice when His Highness asks for it, but avoiding any course of action which might prevent him from feeling that the Government of India desire to allow him the fullest opportunity of proving his fitness. You should help His Highness as much as possible in doing this, but you should not insist upon the advantage of any measure which he disapproves, however desirable it may seem to be in his own interests.

You will notice that the Government of India have declined to permit the employment of Babu Nilambar Mukerji as member of Council in charge of the revenue administration. If the Maharaja should raise the question of employing him in any other capacity, you may inform His Highness that the Government of India do not consider it desirable that the Babu should return to Kashmir. With reference to the question of principle where the Maharaja is at liberty to employ Native British subjects without the consent of the British Government, you should give His Highness to understand that the interpretation of the treaty of 1846 with regard to this point is no longer open to discussion. The Government of India desire to give the Maharaja all possible assistance, and he trill always find them willing to place at his disposal the services of competent British Officials; but they must maintain their right to be consulted before any British subjects receive employment within the State.

The enclosed kharita points out to the Maharaja the urgent necessity for a thorough examination in to the condition of tine Kashmir finances. This is evidently a point of the greatest importance, and you should use your influence to bring it to the special notice of His Highness and his advisers.

July 25, 1888

Legal Document No 19

(Extract)

I have received your Highness's letter of the I Seth of April, informing me of the dismissal of Diwan Lachman Das, and forwarding, for my consideration, a scheme which you have prepared for the re-organisation of your Council.

Your Highness's letter has received my most careful attention, and I have now to inform you of the conclusions at which I have arrived with regard to the very important questions which you have been good enough to refer to me.

in the first place, 1 cannot avoid informing your Highness that the news of the sudden removal of Diwan Lachman Das was received by me with some surprise. Your Highness appointed him to your council after consulting me, and I hoped that your Highness would, before making another change of Governments give me some previous intimation of your views. However, this point has already been brought to your notice by Mr. Plowden and I do not now desire to dwell upon it any further.

With regard to your Highness's scheme for the future administration of Kashmir, I would ask you to consider the following observations.

Your Highness proposes that the administration should be conducted or assisted by a council consisting of a President, .a Vice-President, three other members, and a secretary. The presidency you would retain in your own hands. You would appoint your brother Raja Amar Singh to be Vice-President, and you would also make him Prime Minister with executive powers. The other three members of the Council would be Raja Ram Singh, Babu Nilambar Mukerji, and Diwan Janki Prasad; and they would be charged respectively with the control of affairs in the military, revenue, and miscellaneous departments. The Prime Minister would have special charge of the judicial and foreign departments. Diwan Janki Prasad would be Secretary in addition to his other duties. It is proposed that the Council should be consultative.

It appears to me that a Government constituted in this manner is open to some criticism. In the first place, I am inclh1cd to doubt whether it is altogether in accordance with your Highness's dignity to be President of the Council. Secondly. your Highness's brothers are still young, and have had little opportunity of acquiring practical experience in administrative work. Babu Nilambar Mukerji has no knowledge of revenue matters, and is altogether unfit to take charge of so important a department of the administration. Of Divan Janki Prasad l know little, but I understand that he is not a man of marked character and ability. Under these circumstances your Highness's scheme does not appear to me to hold out any certain promise of success.

Nevertheless, I do not desire to raise any objection to the principle of the proposed arrangements. I regard your Highness as the responsible ruler of the State, and I wish to meet your views as far as possible, and to afford you every assistance in carrying them out. If, therefore, your Highness prefers to maintain a Council and to assume the presidency yourself. I . m ready to assent to your views in this matter, and also with :regard to the nomination of your brothers and Diwan Janki Prasad. On one point only I feel that in your Highness's interests I must ask you to modify your proposals. I cannot think that the appointment of Babu Nilambar Mukerji as Revenue Minister would be desirable. I am of opinion that for the charge of revenue affairs your Highness should secure the services of some thoroughly competent of official with practical experience of administration. I also think that at least one other official of similar qualifications should be appointed to direct, either as member of Council or in some capacity, the judicial and executive branches of your Government. If your Highness can name any Native Officials in the British Service who seem to me to possess the requisite qualifications I shall be glad to place them at your disposal. If your Highness cannot suggest any names I shall be ready and willing to make inquiries, and to supply you with the best men available either in the Punjab or elsewhere. I have learnt with pleasure that your Highness has already asked for the services of some four or five officers to be employed in the accounts and forest departments. But your Highness's government seems to require something more than the loan of a few subordinate officials. What is wanted is that you should associate with your principal officers two or three thoroughly trained and capable persons, who will be able to give your Highness effective aid in directing and controlling the main branches of the administration. I trust that your Highness will consider these suggestions and will take such steps as may have the effect of strengthening your government from an administrative point of view. I need hardly add that, with regard to this question and to all other questions of importance. Your Highness should freely consult the Resident, who will give you every assistance in his power.

In making these observations I do not overlook the fact, that, since the appointment of the Council of which Diwan Lachman Das was a member, considerable progress has been made in the direction of reforms useful work has been done with regard to the revenue administration, and in the reorganization of the Public Works and Medical Departments. But much remains to be done, and it is because I am deeply conscious of the importance of the Kashmir State, and of the responsibilities of the British Government in regard to it, that I have so carefully examined the proposals which your Highness. has put forward.

I would particularly urge upon your Highness's attention the necessity for a careful investigation into the condition of your Highness's finances, and of the executive and judicial services. Until these are placed upon a thoroughly sound footing it will be impossible to hope for any material increase in the prosperity of the State.

August 18, 1888

Legal Document No 20

(Extract)

In March last Mr. Plowden thought the time had come when for the sake of the State, it was essential to erect some reduction of the Maharaja's authority. There is no doubt some justification for Mr. Plowden's estimate of His Highness's capacity to rule; but on the other hand, the condition of the State does not seem to demand at present such decided action as Mr. Plowden has suggested. We have, therefore, determined not to resort to measures which would have the effect, directly or indirectly, of taking the power out of the Maharaja's hands, and His Highness will now have another opportunity of showing under favourable circumstances whether he is capable of carrying on the administration.

October 12, 1888

Legal Document No 21

(Extract)

1. I have perused with deep interest the papers regarding Kashmir affairs which accompanied your Excellency's letter of the 18th August, 1888. From them I learn that the instability of the several administrations to which Maharaja Partab Singh had entrusted the management of the affairs of his State since his accession in 1885 has much retarded the execution of the various reforms which have been repeatedly pressed on the attention of the Maharaja, and that, after the abrupt dismissal of the president of the Council, Diwan Lachman Has, in March last, by the Maharaja, His Highness submitted for the consideration of your Excellency a scheme for the reconstitution of the State Council, in which the Maharaja proposed to assume the post of the President.

2. Though this scheme of administration is open to many objections, partly on account of the Maharaja's personal character, and for the other reasons, and is not unlikely to prove a failure your Excellency's Government have determined to allow His Highness a further opportunity of showing whether he is competent to discharge the duties of a responsible ruler.

3. Judging from the reports of the Residents in Kashmir. I can have little expectation myself that the experiment of a Council presided over by the Maharaja will be successful; but, on the other hand, the objections to any radical change in the government of the province at the present juncture are such that I am willing to sanction your proposal to give the Maharaja another occasion of proving whether His Highness possesses either the capacity or the will to introduce and carry into effect those administrative measures which are essential to the prosperity and security of the Kashmir State.

February 17, 1889

Legal Document No 22

(Extract)

The day before yesterday I had placed in my hands such reliable evidence as l have said invariably to those who have talked to me, would alone satisfy me of the disloyalty or utter imbecility of the present Ruler of Jammu.

This consists of a batch of thirty-four letters in the Maharaja's own handwriting, some calf which are so compromising as to leave, I submit, no course open save his removal from the State, unless the alternative theory be accepted of his being a half-witted individual, irresponsible for his own acts.

Of their authenticity I have, myself, no doubt, and they are admitted to be in the Maharaja's own handwriting by his brother Raja Amar Singh; besides, a mass of letters like this are not likely to be forgeries in the way one or to might be.

But, side by side with these treasonable letters in this packet there are others in an utterly foolish strain, thereby confirming me in the conclusion I have unwillingly come to that, though with lucid intervals of good sense and propriety, the Maharaja is utterly incapable of being left in charge of his own affairs. The gist of these other letters is that the Maharaja offers large sums of money to certain individuals on condition that they will murder or cause to be removed, Plowden, the late Resident, his own two brothers, Ram Singh and Amar Singh, and one of the Maharanis, who, for some reason, is personally objectionable to him.

The conclusions the letters lead me to are confirmed by certain rather extraordinary acts of the Maharaja in appointing unworthy and incapable persons to important offices of the State, even since I took over charge, without consulting the proper counsellor, or, in fact, any one at all. The thing is the Maharaja is a timid and very superstitious man at the entire mercy of a set of unscrupulous scoundrels who take advantage of his fears and imbecility to plunder the State to any extent, and there appear to me weighty reasons for advising the practical setting aside of the Maharaja's authority.

It surely is politically dangerous to leave the actual administration of this great State in the hands of an individual who may play us false at any moment, without, perhaps appreciating the disaster that would follow, and, I believe, any steps Government may take short of annexation will be right and necessary, and generally approved by the Princes and Chiefs of India.

Under the circumstances stated I think it is necessary for me to come to Calcutta at once on hearing from you, to talk the matter fully over with you, so that you may be in a position definitely to settle the future policy of Government towards the State.

March 8, 1889

Legal Document No 23

(Extract)

My dear brother Raja Amar Singh,

In the interests of the State' and for better administration of the country, and with a view to remodel it, as near as possible, on the English system, I hereby authorise a Council the members of which, for period of five years, will conduct all the public affairs of the State as they think best. The members will be as follows:

Raja Ram Singh and Raja Amar Singh,

An English member, specially selected by the Government of India on a salary Rs.2,000 or 3,000 per month.

Rai Bahadur Suraj Kaul and Rai Bahadur Bhag Ram.

This Council will have full and sole powers in all the public

Departments of the State for a period of hive years.

In the event of a vacancy occurring among the three last members during the prescribed period of five years the Government of India will be asked to nominate a new member.

After the expiration of the said period of five years the Maharaja will have the power of reorganising the administration if he finds it necessary to do so.

This period of five years will count from the date of this edict.

The Council will not interfere in any way with the private affairs of the Maharaja.

The Maharaja will continue to draw his monthly allowance for his privy purse as hitherto, no change whatever being made.

The jagirs and other grants of immoveable, movable property hitherto made by the Maharaja will hold good and the Council will not interfere.

All usual expenses connected with marriages and other family customs will be provided by the State.

Of my two brothers I will myself appoint one as President of the Council.

During the said period of five years the Maharaja will not interfere and will have no voice in the administration of the public affairs of the State, but he will continue to enjoy the honorary rights and position of Maharaja.

The Council have no power to alter existing treaties without the previous approval of the Maharaja. The Council will have no power to assign jagirs or immovable property of the State or to make new rules on such subjects without the consent of the Maharaja.

Signed and sealed by His Highness, the Maharaja

Seal of the ' State". On 27th Bhagan, 1945, - 8th March, 1889

April 1, 1889

Legal Document No 25

(Extract)

I am to request you to inform the Maharaja that for a time at least he will be expected to refrain from al! interference in the Administration. He will retain his rank and dignity as Chief of the State; but full powers of government will be Vested in a Council consisting of the Maharaja's brothers and three or four officials selected by the Government of India.

It is not thought desirable that one of these officials should be an Englishman. The President of the Council will be Raja Amar Singh. Besides, retaining his rank and dignity the Maharaja will receive from the revenues of the State an annual sum sufficient to maintain his household in due comfort, and to defray any expenditure which may rightly devolve upon him; but he will have no power of alienating the State revenues, and the sum placed at his disposal, though adequate, must not be extravagantly large.

I am further to request you to make the Maharaja and the Members of the Council thoroughly understand that, although the Council will have full powers of administration, they will be expected to exercise those powers under the guidance of the Resident. They will take no steps of importance without consulting him, and they will follow his advice whenever it may be offered.

In communicating to the Maharaja and others concerned the decision of the Government of India? You should be careful to avoid basing that decision exclusively either upon the letters or upon the Maharaja's resignation. The letters are repudiated by the Maharaja and as 1 have said before they are not of a very novel character; while on the other hand the Government of India are by no means prepared to make the present settlement a matter of compact with the Maharaja, and to accept all the conditions laid down by his edict of the 8th March, for example the five year's limit. You should therefore base the decision of the Government upon a full consideration of all the circumstances, the letters and the Maharaja's wish to retire from the control of affairs being considered amongst other things, but only as portions of a difficult and complicated case, which it has been necessary to settle on broader grounds of general policy.

You should now proceed to work out fresh proposals upon the lines I have indicated. It will be necessary in the first place to define exactly the future position of the Maharaja, the amount of his annual allowance, the expenses which it is intended to cover, the extent of his powers over his own house hold, and generally the conditions which he will have to conform. It will also be necessary to show the proposed constitution of the Council the duties falling upon each of its members, and the method of transacting business. You should also ascertain the requirements of the State in the manner of subordinate officials, and should submit for the approval of the Government your views as to the steps to be taken for reorganising the administrative services. Informing those views you should remember that the Government of India has no desire to turn Kashmir into the semblance of a British district, or to place all administrative posts in the hands of Punjabi foreigners. The want of good native officials makes it necessary to import some trained men from the outside, but the men so imported should be kept as low as possible, and your object should be to form with their help a class of Kashmiri officials who will be capable hereafter of administering the State themselves. It is altogether against the wishes of the Government to interfere unnecessarily with the customs and traditions of a Native State, or to force upon it the precise methods of administration obtaining in British territory. Administrative efficiency is not the only object to be attained in such case, nor, indeed the principal object.

April 1, 1889

Legal Document No 25

(Extract)

I am to request you to inform the Maharaja that for a time at least he will be expected to refrain from al! interference in the Administration. He will retain his rank and dignity as Chief of the State; but full powers of government will be Vested in a Council consisting of the Maharaja's brothers and three or four officials selected by the Government of India.

It is not thought desirable that one of these officials should be an Englishman. The President of the Council will be Raja Amar Singh. Besides, retaining his rank and dignity the Maharaja will receive from the revenues of the State an annual sum sufficient to maintain his household in due comfort, and to defray any expenditure which may rightly devolve upon him; but he will have no power of alienating the State revenues, and the sum placed at his disposal, though adequate, must not be extravagantly large.

I am further to request you to make the Maharaja and the Members of the Council thoroughly understand that, although the Council will have full powers of administration, they will be expected to exercise those powers under the guidance of the Resident. They will take no steps of importance without consulting him, and they will follow his advice whenever it may be offered.

In communicating to the Maharaja and others concerned the decision of the Government of India? You should be careful to avoid basing that decision exclusively either upon the letters or upon the Maharaja's resignation. The letters are repudiated by the Maharaja and as 1 have said before they are not of a very novel character; while on the other hand the Government of India are by no means prepared to make the present settlement a matter of compact with the Maharaja, and to accept all the conditions laid down by his edict of the 8th March, for example the five year's limit. You should therefore base the decision of the Government upon a full consideration of all the circumstances, the letters and the Maharaja's wish to retire from the control of affairs being considered amongst other things, but only as portions of a difficult and complicated case, which it has been necessary to settle on broader grounds of general policy.

You should now proceed to work out fresh proposals upon the lines I have indicated. It will be necessary in the first place to define exactly the future position of the Maharaja, the amount of his annual allowance, the expenses which it is intended to cover, the extent of his powers over his own house hold, and generally the conditions which he will have to conform. It will also be necessary to show the proposed constitution of the Council the duties falling upon each of its members, and the method of transacting business. You should also ascertain the requirements of the State in the manner of subordinate officials, and should submit for the approval of the Government your views as to the steps to be taken for reorganising the administrative services. Informing those views you should remember that the Government of India has no desire to turn Kashmir into the semblance of a British district, or to place all administrative posts in the hands of Punjabi foreigners. The want of good native officials makes it necessary to import some trained men from the outside, but the men so imported should be kept as low as possible, and your object should be to form with their help a class of Kashmiri officials who will be capable hereafter of administering the State themselves. It is altogether against the wishes of the Government to interfere unnecessarily with the customs and traditions of a Native State, or to force upon it the precise methods of administration obtaining in British territory. Administrative efficiency is not the only object to be attained in such case, nor, indeed the principal object.