ONLINE BOOKS >  THE LAW AND THE LAWYERS > APPENDICES > Appendix I
Appendix I
[The three articles written and published by Gandhiji in his weekly paper Young India for which he was tried on the charge of sedition have been reproduced below. The first article "Tampering with Loyalty" was published in Young India on September 29, 1921, the second article "The Puzzle and Its Solution" was published in Young India on December 15, 1921 and the third article "Shaking the; Manes" was published in Young India on February 23, 1922.]
1. TAMPERING WITH LOYALTY

His Excellency the Governor of Bombay had warned the public some time ago, that he 'meant business', that he was no longer going to tolerate the speeches that were being made. In his note on the Ali Brothers and others he has made clear his meaning. The Ali Brothers are to be charged with having tampered with the loyalty of the sepoy and with having uttered sedition. I must confess, that I was not prepared for the revelation of such hopeless ignorance on the part of the Governor of Bombay. It is evident that he has not followed the course of Indian history during the past twelve months. He evidently does not know, that the National Congress began to tamper with the loyalty of the sepoy in September last year, that the Central Khilafat Committee began it earlier and that I began it earlier still, for I must be permitted to take the credit or the odium of suggesting, that India had a right openly to tell the sepoy and everyone - who served the Government in any capacity whatsoever, that he participated in the wrongs done by the Government. The Conference at Karachi merely repeated the Congress declaration in terms of Islam. Only a Musalman divine can speak for Islam, but speaking for Hinduism and speaking for nationalism, I have no hesitation in saying, that it is sinful for any one, either as soldier or civilian, to serve this Government which has proved the treacherous to the Musalmans of India and which has been guilty of the inhumanities of the Punjab. I have said this from many a platform in the presence of sepoys. And if I have not asked individual sepoys to come out, it has not been due to want of will but of ability to support them. I have not hesitated to tell the sepoy, that if he could leave the service and support himself without the Congress or the Khilafat aid, he should leave at once. And I promise, that as soon as the spinning wheel finds an abiding place in every home and Indians begin to feel that weaving gives anybody any day an honourable livelihood, I shall not hesitate, at the peril of being shot, to ask the Indian sepoy individually to leave his service and become a weaver. For, has not the sepoy been used to hold India under subjection, has he not been used to murder innocent people at Jallianwala Bagh, has he not been used to drive away innocent men, women and children during that dreadful night at Chandpur, has he not been used to subjugate the proud Arab of Mesopotamia, has he not been utilised to crush the Egyptian? How can any Indian having a spark of humanity in him and any Musalman having any pride in his religion feel otherwise than as the Ali Brothers have done? The sepoy has been used more often as a hired assassin than as a soldier defending the liberty or the honour of the weak and the helpless. The Governor has pandered to the basest in us by telling us what would have happened in Malabar but for the British soldier or sepoy. I venture to inform His Excellency, that Malabar Hindus would have fared better without the British bayonet, that Hindus and Musalmans would have jointly appeased the Moplahs, that possibly there being no Khilafat question there would have been no Moplah riot at all, that at the worst supposing that Musalmans had made common cause with the Moplahs, Hinduism would have relied upon its creed of non-violence and turned every Musalman into a friend, or Hindu valour would have been tested and tried. The Governor of Bombay has done a disservice to himself and his cause (whatever it might be), by fomenting Hindu-Muslim disunion, and has insulted the Hindus, by letting them infer from his note, that Hindus are helpless creatures unable to die for or defend their hearth, home or religion. If however the Governor is right in his assumptions, the sooner the Hindus die out, the better for humanity. But let me remind His Excellency, that he has pronounced the greatest condemnation upon British rule, in that it finds Indians today devoid of enough manliness to defend themselves against looters, whether they arc Moplah Musalmans or infuriated Hindus of Arrah.
His Excellency's reference to the sedition of the Ali Brothers is only less unpardonable than his reference to the tempering. For he must know, that sedition has become the creed of the Congress. Every non-co- operator is pledged to preach disaffection towards the Government established by law. Non-co-operation, though a religious and strictly moral movement, deliberately aims at the overthrow of the Government, and is therefore legally seditious in terms of the Indian Penal Code. But this is no new discovery. Lord Chelmsford knew it. Lord Reading knows it. It is unthinkable that the Governor of Bombay does not know it. It was common cause that so long as the movement remained non-violent, nothing would be done to interfere with it.
But it may be urged, that the Government has a right to change its policy when it finds, that the movement is really threatening its very existence as a system. I do not deny its right. I object to the Governor's note, because it is so worded as to let the unknowing public think, that tampering with the loyalty of the sepoy and sedition were fresh crimes committed by the Ali Brothers and brought for the first time to His Excellency's notice.
However the duty of the Congress and Khilafat workers is clear. We ask for no quarter; we expect none from the Government. We did not solicit the promise of immunity from prison so long as we remained non­violent. We may not now complain, if we are imprisoned for sedition. Therefore our self-respect and our pledge require us to remain calm, unperturbed and non-violent. We have our appointed course to follow. We must reiterate from a thousand platforms the formula of the Ali Brothers regarding the sepoys, and we must spread disaffection openly and systematically till it please the Government to arrest us. And this we do, not by way of angry retaliation, but because it is our Dharma. We must wear Khadi even as the brothers have worn it, and spread the Gospel of Swadeshi. The Musalmans must collect for Smyrna relief and the Angora Government. We must spread like the Ali Brothers the Gospel of Hindu-Muslim unity and of non-violence for the purpose of attaining Swaraj and the redress of the Khilafat and the Punjab wrongs.
We have almost reached the crisis. It is well with a patient who survives a crisis. If on the one hand we remain firm as a rock in the presence of danger, and on the other observe the greatest self-restraint, we shall certainly attain our end this very year.

Young India, 29-9-1921, pp. 309-10

2. A PUZZLE AND ITS SOLUTION

Lord Reading is puzzled and perplexed. Speaking in reply to the addresses from the British Indian Association and the Bengal National Chamber of Commerce at Calcutta, His Excellency said, "I confess that when I contemplate the activities of a section of the : community, I find myself still, notwithstanding persistent study ever since I have been in India, puzzled and perplexed. I ask myself what purpose is served by flagrant breaches of the law for the purpose of challenging the Government and in order to compel arrest?" The answer was partly given by Pandit Motilal Nehru when he said on being arrested that he was being taken to the house of freedom. We seek arrest because the so-called freedom is slavery. We are challenging the might of this Government because we consider its activity to be wholly evil. We want to overthrow the Government. We want to compel its submission to the people's will. We desire to show that the Government exists to serve the people, not the people the Government. Free life under the Government has become intolerable, for the price exacted for the retention of freedom is unconscionably great. Whether we are one or many, we must refuse to purchase freedom at the cost of our self-respect or our cherished convictions. I have known even little children become unbending when an attempt has been made to cross their declared purpose, be it ever so flimsy in the estimation of their parents.
Lord Reading must clearly understand that the non-co-operators are at war with the Government. They have declared rebellion against it in as much as it has committed a breach of faith with the Musalmans, it has humiliated the Punjab and it insists upon imposing its will upon the people and refuses to repair the breach and repent of the wrong done in the Punjab.
There were two ways open to the people, the way of armed rebellion and the way of peaceful revolt. Non-co-operators have chosen, some out of weakness, some out of strength, the way of peace, i.e. voluntary
suffering.
If the people are behind the sufferers, the Government must yield or be overthrown. If the people are not with them they have at least the satisfaction of not having sold their freedom. In an armed conflict the more violent is generally the victor. The way of peace and suffering is the quickest method of cultivating public opinion, and therefore when victory is attained it is for what the world regards as Truth. Bred in the atmosphere of law courts, Lord Reading finds it difficult to appreciate the peaceful resistance to authority. His Excellency will learn by the time the conflict is over that there is a higher court than courts of justice and that is the court of conscience. It supersedes all other courts.
Lord Reading is welcome to treat all the sufferers as lunatics, who do not know their own interest. He is entitled therefore to put them out of harm's way. It is an arrangement that entirely suits the lunatics and it is an ideal situation if it also suits the Government. He will have cause to complain if having courted imprisonment, non-co-operators fret and fume or 'whine for favours' as Lalaji puts it. The strength of a non-co- operator lies in his going to gaol uncomplainingly. He loses his case if having courted imprisonment he begins to grumble immediately his courtship is rewarded.
The threats used by His Excellency are unbecoming. This is a fight to the finish. It is a conflict between the reign of violence and of public opinion. Those who are fighting for the latter are determined to submit to any violence rather than surrender their opinion.

Young India, 15-12-1921, pp. 418

3. SHAKING THE MANES

How can there be any compromise whilst the British Lion continues to shake his gory claws in or faces? Lord Birkenhead reminds us that Britain has lost none of her hard fibre. Mr. Montagu tells us in the plainest language that the British are the most determined nation in the world, who will brook no interference with their purpose. Let me quote the exact words telegraphed by Reuter: —
"If the existence of our Empire were challenged, the discharge of responsibilities of the British Government to India prevented and demands were made in the very mistaken belief that we contemplated retreat from India — then India would not challenge with success the most determined people in the world, who would once again answer the challenge with all the vigour and determination at its command."
Both Lord Birkenhead and Mr. Montagu little know that India is prepared for all 'the hard fibre' that can be transported across the seas and that her challenge was issued in the September of 1920 at Calcutta that India would be satisfied with nothing less than Swaraj and full redress of the Khilafat and the Punjab wrongs. This does involve the existence of the 'Empire', and if the present custodians of the British Empire are not satisfied with its quiet transformation into a true Commonwealth of free nations, each with equal rights and each having the power to secede at will from an honourable and friendly partnership, all the determination and vigour of 'the most determined people in the world' and the 'hard fibre' will have to be spent in India in a vain effort to crush the spirit that has risen and that will neither bend nor break. It is true that we have no 'hard fibre'. The rice-eating, puny millions of India seems to have resolved upon achieving their own destiny without any further tutelage and without arms. In the Lokamanya's language it is their 'birthright', and they will have it in spite of the 'hard fibre' and in spite of the vigour and determination with which it may be administered. India cannot and will not answer this insolence with insolence, but if she remains true to her pledge, her prayer to God to be delivered from such a scourge will certainly not go in vain. No empire intoxicated with the red wine of power and plunder of weaker races has yet lived long in this world, and this 'British Empire', which is based upon organized exploitation of physically weaker races of the earth and upon a continuous exhibition of brute force, cannot live if there is a just God ruling the universe. Little do these so-called representatives of the British nation realise that India has already given many of her best men to be dealt with by the British 'hard fibre'. Had Chauri Chaura not interrupted the even course of the national sacrifice, there would have been still greater and more delectable offerings placed before the Lion, but God had willed it otherwise. There is nothing, however, to prevent all those representatives in Downing Street and White Hall from doing their worst. I am aware that I have written strongly about the insolent threat that has come from across the seas, but it is high time that the British people were made to realise that the fight that was commenced in 1920 is a fight to the finish, whether it lasts one month or one year or many months or many years and whether the representatives of Britain re- enact all the indescribable orgies of the Mutiny days with redoubled force or whether they do not. I shall only hope and pray that God will give India sufficient humility and sufficient strength to remain non-violent to the end. Submission to the insolent challenges that are cabled out on due occasions is now an utter impossibility.

Young India, 23-2-1922, p. 119