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The Home Department are sending summaries of the draft manual of martial law instructions and the draft resolution on the Hunter Report. The main amendment to the Code of Criminal Procedure had to be postponed owing to the war, but definite questions as to forfeiture of property and whipping have now been referred to Local Governments, as has the question of substituting a special form of imprisonment for political offenders.

(Typed, with brief handwritten notes by Montagu and Sir William Duke.)

(i) Directs him to consult Sir William Duke about sending a telegram to Lord Reading. He does not want Reading to say that he suggested sending for Gandhi. Refers to his own ‘hasty draft’ [A3/14/9].

(ii) The draft seems to be superseded by a telegram just received [A3/15/1–3]. He has sent Sir Edward Grigg a copy and told him that Montagu may wish to see the Prime Minister on it urgently.

Proposes a telegram drafted in consultation with Seton [A2/23/6] as more appropriate. A complete code is not possible, for situations which arise under martial law must be dealt with according to the conditions. The Government of India cannot fairly be asked to pass permanent orders before the Hunter Commission reports.

(i) Has just seen A2/27/2. At first sight it would seem better, if the courts are amenable, for Government to prosecute Dyer than to leave him to private prosecution. Defers giving an opinion on whether it should be before a civil or military tribunal, though the latter would probably not protect Dyer from private prosecution.
(ii) Postpones discussing the matter till next week. Suggests advising the Viceroy that he will reply when he returns on Monday. Is not prepared to exonerate Dyer. ‘What about depor-tations?’

((ii) is repeated, more legibly, in the hand of S. K. Brown.)

‘P.S. First half of draft telegram has gone as official. 2nd half is also being dealt with on another official file.’

(i) The telegrams in question deal with at least two separate matters: (1) compensation for lives taken and damage done by rioters, and (2) relief to persons left destitute. An official file on (1) has been ‘marked on’ to the ‘J & P’ and Finance [Committee], but if there is no official file on (2) it might be better to send the first part of his telegram [A2/23/24] privately. From the financial point of view the two questions are separate: (1) can be levied in the localities; the question is how to do it; (2) can only be charity at the Government’s expense.

(ii) Has submitted an official draft telegram to be put on a separate file.

(i) Montagu wishes a telegram on the lines of A2/23/24. If they made previous private telegrams official it could go officially. He doubts whether A2/23/12 could be made official, but perhaps it is not necessary to refer to it.

(ii) Duke will see from other files passed on today what a tangle this business has got into. Reference to previous telegrams is probably unnecessary. Suggests that the Joint ‘G & P’[?] and Finance Committee be asked to consider something on the lines of Duke’s draft, and that he himself should try to make a composite draft on the whole matter.

Refers to A2/23/18. Agrees that further action to relieve those left destitute as a result of Jallianwalla [Bagh], etc., cannot now be taken before the Hunter Committee reports, but the justifiability of the military action is probably irrelevant. All military action tends to include the innocent or only slightly guilty, and it would be best to make needs not merits the general test. Refers to A2/23/12, and hopes that it will be found possible to advance money to the munici-palities, so that while claims are settled promptly, recovery may be sufficiently prolonged not to be felt oppressive.

(In the hand of Sir William Duke. Not sent.)

India Office.—The Government of India must consider their future policy before arresting Gandhi, particularly with regard to demands for his release.

Peel Cottage, Campden Hill Road, Kensington, W.8.—Is pleased the debate went well. Reiterates his views on the postponement of Gandhi’s arrest, and wonders whether this action prompted the decision of The Times to ‘declare war’. He has lain up longer this time in order to ensure a proper recovery, and should soon be able to come to work.

(i) Passes him an advance copy of a document [A3/27/1?], which will be submitted officially as soon as hectographed copies are obtained.

(ii) ‘Practically means no prosecution unless or until he starts civil disobedience.’

Wishes to send the following telegram to the Viceroy, if Duke approves:
Has not yet received answers to his questions about the Punjab, and is concerned at the way in which, during martial law, military authorities issued orders of their own devising, e.g. the ‘crawling order’; the whipping of selected schoolboys regardless of guilt; the tying up and flogging of a lambardar; the putting prisoners in cages and sentencing them to write poetry in praise of their military rulers. Refers to a despatch stopping whipping except for crimes of violence [see A2/23/3], and suggests that the powers of military authorities should have been limited by a code prescribing definite punishments for definite offences.

(Typed.)

Is worried about the Viceroy’s silence as to his unofficial opinion on affairs in the Punjab, and, at the risk of repetition, is inclined to send the accompanying telegram [A2/24/1b].

(Typed.)

(i) The annexed telegram about Amritsar must be sent to avoid delay.

(ii) General Dyer’s conduct in firing at Amritsar has been criticised because he is reported to have said that the crowd might have dispersed without being fired on, and because the Criminal Procedure Code forbids the use of unnecessary force to disperse a crowd. Dyer’s defenders, including O’Dwyer, allege that his action prevented disorder elsewhere in the Punjab. Asks Chelmsford to advise his own view of accepted practice, in order that Montagu may express an opinion when the report emerges.

(Typed. Used for transmission.)

(i) Suggests that the redrafted telegram [A2/23/9] will better suit his views.

(ii) ‘Yes thanks.’

India Office.—In view of Gandhi’s decision to call off civil disobedience, he is not surprised that the Government of India has decided to postpone his arrest, but the result will probably increase the Secretary of State [Montagu]’s difficulties with the House of Commons. It can be argued that the respite will allow the non-co-operators to become better organised; but on the other hand many in India believe that the movement has only been sustained by the opportunity given to them by the Prince of Wales’s visit to organise hartals and provoke a reaction from Government, and that the discredit which has now accrued to them and the dissipation of their funds may cause them to lose ground. In either case, he does not think this a good moment to undertake what may be a serious struggle, if it can be postponed. ‘The Empire has too many unsolved difficulties which cumulatively may be too much for its strength. All its other principal difficulties aggravate and complicate the Indian one, and they ought to be got rid of in the proper order. … To my mind that order should be, Ireland, Egypt or Turkey, India.’