Arakan Library - Araka Past Present Future

Arakan: - One Who Preserves and Takes Care of Their Own Nationality.

Publication by Arakan Action Association (AAA.)

Arakan Past – present – future

BY JOHN OGILVY HAY, J.P.

Arakan Library was founded by a group of Arakan Action Association (AAA) in exile in Thailand from Burma in 2007 doing to voice for the knowledge, the people democratic and human rights.

Arakan Action Association (AAA)

Chotana Road , Chaing Mai ( 50301 ), Thailand.

Email : arakanactionassociation@walla.com , +66—089-637-4383, +66—053-409-577

ARTICLES FROM THE ‘ARAKAN NEWS,’ 1876-77, AS

TO THE DEVELOPMENT OF ARAKAN, BY THE CONSTRUCTION

OF RAILWAYS AND THE FORMATION OF A LIEUTENANT

GOVERNMENT OF OUR TRANS-GANGETIC PROVINCES.

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NECESSARY MEANS FOR THE DEVELOPMENT OF A COUNTRY.

‘Arakan News’, 4^th November 1876.

In a late issue we drew attention to Sir A. Cotton’s advocacy for the development of the resources of India. In doing so, we certainly did not go into his views as regards canals in opposition to railways, but said that “what would be advantageous for one district would not suit in another.” We felt sure there were advocates for railways who would come forward to combat his strong views, and we find such in Mr. R.W. Crawford, chairman of the East India Railway company, who, in a very moderate letter addressed to the ‘times,’ gives Sir Arthur very complete rejoinder. There is no doubt that canals are of most essential service in (to use the hackneyed phrase) “developing the resources of a country.” They are useful both for irrigation and locomotion, and for work for such a large country as India that railways can.

We need not speak of canal work here, as we have plenty of natural channels, known in the vulgar tongue as creeks. This term must not be understood as it is usually applied to creeks on the sea-coast. Our creeks are mostly inland, and may be looked on as natural canals connecting different rivers. At one time it was said that the “water-ways were the highways Burmah.” We would like to ask what they have done for Arakan during the last twenty years? Of course all the produce of the country has been brought to market by water, and such it will continue to be, were we to be content with the country remaining in status quo, as it has done for the last quarter of a century. “PROGRESS” is now the watch word of the world, and we are only laggards in the race, because our Government chooses to neglect us, and ignores our wants and just claims upon it. No one-not even the strongest supporter of the illiberality and injustice of the Government – can gainsay the fact the we require roads to develop this country – means of communicating with districts and countries away from our limited local rivers and creeks; and those who go a little further say, Yes, let roads be made. But we go further, and we think we have justice and reason on our side when we say, We must have RAILWAYS. True, these are more expensive than common roads; but how, we would ask, about the effect they would have in furthering more rapidly the settlement and development of the country? And this we want, after so many years of stagnation, to be carried vigorously on. That the means should be forthcoming, we have no hesitation in saying that the Government hold in the Imperial Treasury (or should hold, but unfortunately it has been otherwise used) a very large sum at the credit of the Arakan division, having been for at least twenty years drawing a very large surplus revenue from the country without expending one farthing on it. It is now yielding a clear surplus of about twenty lakhs a year; and at least a moiety of former year’s accumulations, should be at once devoted to railway works in this district. Men of parsimonious views would probably throw this opinion to the winds; but could they only be brought to look ahead a little, we feel confident they would not only see a good return coming from the outlay that might now be grudgingly given, but gradually, as in the case of the East India Railway, the original outlay, in the shape of the much-abused “heavy drag of loss by guaranteed interest,” being returned. Mr. Crawford’s letter, which we give in extensor, confirms a point which we have long contended for, that the outcry against the guaranteed railway system as being a loss and a drag on the country has been entirely chimerical, and promoted by self-opinionative ness, selfishness, and presumptuous desire of power. We may admit that the influences which changed the policy of the Government from the guaranteed system to the State rail way system were the result of cleverness and dogmatic will; but the result, we think, is seen that the views thus promoted have been retrograding, and we may almost say dishonest, as regards the development and the interest of the country.

We would here refer to an extract we take from the ‘Statesman,’ showing the change of views expressed by Mr. Maclean, formerly of the ‘Bombay Gazette,’ and expressing regret that such change had not appeared at an earlier date. No doubt the opposition shown by such an organ as the ‘Gazette’ did much to retard the quick development of the Dalhousie enlightened railway policy for the progress of the country, and it is with regret that all those truly interested in the country see that at the present day there are powerful influences still at work retarding progress.

We cannot too often repeat the old story: “Arakan has been fifty years under the British flag, and has not fifty miles of common road, while its present clear surplus revenue is twenty lakhs per annum.” Seeing this, lost time must be made up for and more expedition made in the means to this end. Railways the length and the breadth of the country alone can accomplish this. We consequently return to our war – cry, Give, GIVE US RAILWAYS – nothing more than we are entitled to, seeing we can pay for them ourselves out of the enormous sum at credit with out bankers (the Government), and our large, and at present slowly increasing revenue, which would by such means be enormously augmented.

[ Note. – Communications and the country in general remain in statu quo in the your 1892 ! ]

Union of Arakan and Chittagong.

This was of course written long before we tools Upper Burmah. Now there might be a much larger amalgamation, embracing all our provinces from the Brahmapootra to the Salween.

Arakan News,’ August 4, 1877.

On several occasions, about twelve months ago, we brought forward the question of the severance of Arakan from Burmah and its union with Chittagong; considering that “Arakan has no affinity or sympathy with Pegu,” and requiring population, which Chittagong; considering that “Arakan has no affinity or sympathy with Pegu,” and requiring population, which Chittagong has in abundance and to spare, we expressed the opinion “that the separation of Arakan from Pegu and its union with Chittagong would be in the interest of all concerned.” We are glad to find this view taken up by the ‘Statesman.’

In the ‘Friend of India and Statesman of 24^th ultimo, we see mention made of Mr. Lowis, the Commissioner of Chittagong, at Tipperah, in the hope that the true cause of the misunderstanding that has for some time existed between the people of Chittagong and their local executive might by this interview be laid bare. Several transfers and other administrative measures which have been lately introduced into Chittagong seem to have given great dissatisfaction to the people, and of these latter the arrangement for the investment of the Commissioner with the duties of a district judge seems to have worked very badly. “Decisions of Mr.Lowis as Commissioner he has been called upon to review in his judicial capacity, and of course the people are dissatisfied.” Now this is a grievance of which we have to complain here, and the combination of judicial and administrative functions is prominently brought to notice in the Chief Commissioner’s late minute on the position and powers of Commissioners of divisions in police administration. To show this we quote the following: “Here perhaps the heaviest part of a Commissioner’s duties are those of a sessions judge, and apart from the work therein involved, which would leave less leisure for police departmental control, the inconvenience would arise that an officer directing police measures against criminals one day, would be presiding at their trial on the next.”

There is no question that it is impolitic to have judicial and administrative duties centered in one man. Take the Deputy Commissioner of this district: in the event of dacoitee or riot in the interior, it is expected as a part of his duty that he goes with the police to endeavour to bring the perpetrators to account; and in doing so, many matters come before him in this investigation which he should not be cognizant of in his capacity of judge, the case having to be tried by him, until they are brought before him in evidence on the trial. In the same way as in Chittagong all decisions in the Revenue department have appeal to be brought before the same officer who has passed the decision, he having thus to review his own orders. The ‘Statesman’ further goes on to note the geographical connection existing, and the fiscal connection which should exist between Chittagong and Arakan: “Looking at the geographical position of Arakan, it is only a continuation of the district of Chittagong, being separated from British Burmah by the mountain barrier that lies between them.” Then, again, Chittagong has an over-abundance of population – say 487 to the square mile – while Arakan has only about 24 to the square mile. The former cannot find employment or raise sufficient means to pay their highly rated revenue, “and about a tenth of the population of Chittagong migrate annually to Akyab, where the demand for labour is much greater than at Chittagong;” thus the trade of Akyab helps to pay the taxes of Chittagong, and by so doing takes away from Arakan what, with a larger population, would remain in and help to develop and enrich the country. At present it is the interest of the Commissioner of Chittagong to encourage this, as by the earnings of his people migrating to Akyab he has less difficulty in realizing his revenue. As we before wrote, “it is obvious to the most obtuse that while these two divisions are under perfectly distinct Governments, it is the interest of the Commissioner of each to do the best he can for his own, however antagonistic their measures may be.” Here is a case in point. The Commissioner of Chittagong in his last yearly report made some recommendations “to facilitate communications with the Naaf district, so as to attract its produce northwards; this port (Akyab) has hitherto been its natural outlet, and far less expense on this side would further develop it. Were these two districts, Chittagong and Arakan, under the same Government, the energies of the executive would be directed in the same direction for the same end. At present the interests to be furthered by the operations of the Commissioners are entirely opposed.” The ‘Statesman,’ in writing of the divided authority to the north, says: “It is an anomaly that while Hill Tipperah has of necessity been left with the Chittagong Commissioner, Regulation Tipperah should be administered by the Commissioner of Dacca. The Chittagong Hill Tracts are daily growing in importance, and their interests are intimately bound up with Hill Tipperah and Arakan hill tracts. It is most desirable, therefore, that the whole frontier should be under the same Commissioner and controlled by a single policy.” Again, “reasons of an equally strong character show the importance of transferring Tippearah to the Chittagong division, and of adding Arakan thereto.” From the preceding, it will be seen that the ‘Statesman’ advocates the amalgamation of Tipperah, Chittagong, and Arakan, together with all the hill tracts connected with them, into one commissionership. So far as it goes we are quite at one commissionership. So far as it goes we are quite at one with our commissionership. So far as it goes we are quite at one with our contemporary in this; but if he will refer to our columns of 29^th July 1876, he will see we proposed a larger amalgamation – viz., that to the above should also be joined all the districts at present under the Chief Commissioner of Assam; that is, all our provinces between the Brahmapootra on the west and north, and the Yoma range of mountains on the east, should be erected into a Lieutenath-Governorship under the designation of the Trans-Gangetic provinces. But if this cannot be managed, we will be quite content with the lesser scheme – anything for a separation from Burmah. We trust the ‘Statesman’ will still further prosecute his views, and that they may have the support of his metropolitan brethren.

SEPARATION OF JUDICIAL AND ADMINISTRATIVE DUTIES.

Though we have in the preceding article casually touched on the combination of judicial and administrative functions in the same officers, we have therein advocated the union of Chittagong and Arakan more particularly for fiscal reasons. We would now state our opinion that the union might be made to work for the better discharge of both the judicial and administrative duties of the officers of the province by the separation of those duties, and without much, if any, extra cost to the State. The Act to establish Recorder’s Courts in British Burmah was passed on 10^th March 1863, and “the Court of the Recorder of Akyab” is the first mentioned in that Act. Similar provision was also made for the establishment of Small-Cause Courts; but though the Act came at once into operation, and there is both a recorder’s court and a small-cause court in Rangoon, we have neither here yet, and much loss and annoyance have been occasioned by the want of them. Without any intention of disparaging the executive here, and we do not think it is derogatory to them if we say that, as the courts are at present constituted without any legally trained judges, the law is not administered here as it should be. The excuse hitherto given for the non-establishment of courts according to the Act is that the revenues of the province cannot afford the expense. We will at once say that this is a deliberate the expense. We will at once say that this is a deliberate perversion of truth. In the appendices to the Administration Report of 1875-76 we find, under head of finance, that the net revenue from all sources realized was Rs. 20,657,513, while the expenditure was Rs. 10,662,399, leaving in round numbers Rs. 10,000,000, or 50 per cent of the revenue as surplus paid into the Imperial Treasury. It appears to us, with this large surplus, one of the greatest acts of injustice to Arakan (and there are many others) is the unsatisfactory state of judicial matters owing to the want of competent legally trained judges to dispense the law. This was some time ago brought to the notice of the Judicial Commissioner, who apparently purposely misunderstood the appeal to him, “as the head of the legal branch of the administration, to see that some early measures are taken to place matters on a satisfactory footing,” by replying that “the selection and appointment of judges rests with the executive and not the legal branch of the administration.” This representation, with the Judicial Commissioner’s evasive reply, was subsequently sent to the Chief Commissioner, who studiedly shirked the question; the Secretary, in equally evasive, but in a more Jesuitical style, such as usually issues from the B. B. S., exhibiting the dullness of his comprehension by saying he could see nothing wrong! Now we think we see a way to meet the penurious views of the Supreme Government, which are apparently, owing to want of moral courage, concurred in by the local government, and so provide the means from which to have a properly constituted Recorder’s Court here. By the amalgamation of the different districts named by the ‘Statesman’ under one commissioner there would be the saving of one Commissioner’s salary, and this could be made available for the Recorder. Instead of two commissioners we want only one, the other being metamorphosed into a barrister-judge. If English law is in force here, it should be administered by English lawyers, and till such is done the Government are cheating the public out of their court fees on false pretences. It is unquestionable that the duties of the officers of the commission who are well up in revenue work could, when divested of judicial work, be more energetically devoted to the development of the country, and the revenue would benefit thereby, and proper courts would give suitors more confidence in English law; but more of this anon.

UNION OF ARAKAN WITH CHITTAGONG.

‘Friend of India and Statesman.’

It is understood that Mr. Eden has asked Mr. Lowis, the Commissioner of Chittagong, to meet him at Tipperah. The people of Chittagong have been at war with their local executive for a considerable time, and we may hope that in this bare. The question in particular of the matters will be laid bare. The question in particular of the transfer of jurisdiction of thannah Mecrkooerai from Chittagong to Noakhally should be set at rest. The people complain of the transfer as an unmitigated evil, and the local authorities have latterly, we believe, unanimously by the district officers of both Chittagong and Noakhally, and by the Commissioner himself. It is therefore incomprehensible why the Government should persist in the change.

It is now more than a year since another administrative measure of an unusual character in these provinces was introduced into Chittagong with great dissatisfaction to the people. We refer to the investment of the Commissioner with the duties of a district judge. The arrangement has worked very badly. Decisions of Mr Lowis as Commissioner he has been called upon to review in his judicial capacity, and of course the people are dissatisfied with such appeals. There are special grounds, moreover, which make the investment of the Commissioner with judicial powers undesirable. It is an anomaly, again, that while Hill Tipperah has of necessity been left with the Chittagong Commissioner, Regulation Tipperah should be administered by the Commissioner of Dacca. (We must confess we were not aware till reading the above that the jurisdiction of the Commissioner of Dacca extended across the Megna or Brahmapootra. Certainly is should be limited by those rivers, and all authority over the districts on this side should be vested in the Commissioner of Chaittagong or (when effected) the amalgamated division. – Ed. A. N.) The Chittagong hill tracts are daily growing in importance, and their interests are intimately bound up with those of the Hill Tipperah and Arakan hill tracts. It is most desirable, therefore, that the whole frontier should be under the same Commissioner, and controlled by a single policy. Looking at the geographical position of Arakan, it is only a continuation of the district of Chittagong, being separated from British Burmah by the mountain-barrier that lies between them. The distance between Akyab and Rangoon is several times more, even by water, than it is between Akyab and Chittagong, (The voyage from Akyab to Rangoon takes fifty hours, against twenty to Chittagong.) while the two districts are naturally dependent upon each other in many ways. About a tenth of the population of Chattagong migrate annually to Arakan, (Where they would settle were a railway open, and extended the cultivation of the present waste lands.) where the demand for labour is much greater than at Chittagong; and the diversity of the excise administration prevailing in the two districts, coupled with fact of their belonging to two separate Governments, allows great room for smuggling, while it taxes all the energies of the Chittagong authorities to grapple with it. Again, both Akyab and Chittagong are great centres of trade; and were both under the same controlling authority, it would be better for both ports. Chittagong,