The admission of overseas students to the Inner Temple in the 19th century

by Clare Rider, IT Archivist 1998-2009

Since the seventeenth century, the Inns of Court have played a significant role in the development of the British dependencies abroad. The first successful attempt at overseas colonial settlement was largely financed by Middle Temple lawyers, who had been persuaded to invest their own capital in the Virginia Company, founded in London in 1606. The American colony in question, Jamestown in Virginia, did not provide the gold or other riches anticipated by the London investors. However, after a shaky start, the settlement survived and turned loss into profit with the establishment of tobacco plantations. Subsequently, many of the sons of the colonial gentry from Virginia, Carolina, Maryland and New England were sent to London to acquire legal knowledge and professional status, mainly to the Middle Temple, but also to the Inner Temple, Lincoln's Inn and Gray's Inn. William Paca, one of the signatories of the Declaration of American Independence, was an Inner Templar. Despite the loss of her American colonies, the British Empire grew in size and complexity during the eighteenth and nineteenth centuries. The sons of the colonial administrators and judiciary dotted around the world, from Africa to Hong Kong and Tasmania, were frequently sent home to London to acquire a legal education at the Inns of Court. When did these opportunities become open to the indigenous subjects of the British Empire?

From the admission registers, it seems that the first Asian member of the Inner Temple was Aviet Agabeg from Calcutta, a student of St. John's College, Cambridge, who was admitted on 11 June 1864 and called to the Bar in 1868. He was followed, several years later, by Amanda Mohan Bose, Ali Ameer and Pathal Chandra Roy of Bengal (admitted in 1870); Arraloon Carapiel and John Apcar of Calcutta and Grija Sanker Sen of Dacca (admitted in 1871). There may have been others. The number of Asian students continued to rise in the 1870s and 1880s and included Mohandas Karamchand Gandhi, who was admitted to the Inner Temple in 1888. Admissions to the other Inns of Court follow a similar pattern, with Lincoln's Inn claiming the first Indian student to join and become qualified: Ganendra Mohan Tagore, admitted in 1859 and called to the Bar on 11 June 1862. By 1885, one hundred and eight Indian barristers had been educated in England, encouraged by the Indian government, the Inns of Court and the Council of Legal Education, which granted concessions to Indian students to facilitate their training. Lincoln's Inn also recruited a number of indigenous students from further east in the nineteenth century, the first being Ng Achoy from Hong Kong, admitted in 1872 and called in 1877. Lincoln's still retains a special association with India and Hong Kong.

However, identifying black African, American and West Indian bar students poses a problem, since the majority had adopted European style names. We know from other sources that Alexander Kennedy Isbiter of Hudson's Bay, admitted to the Middle Temple in 1862 and called to the Bar in 1864, was part native American and that Thomas Morris Chester, admitted to the Middle Temple in 1867 and called in 1870, was a black American, probably the first black American to qualify as a barrister in England. Similarly without further evidence it would be impossible to detect that Christian Frederick Cole, the second son of Jacob Cole of Kissey, Sierra Leone, clergyman, was a black African. He matriculated as a non-collegiate student at Oxford University in 1873, was admitted to the Inner Temple in 1879 and called to the Bar in 1883. Cole seems to have been the first black student to join Oxford University and his appearance at university events caused considerable interest. He is mentioned in the diary of Florence Ward, the younger sister of William Ward who was a close friend of Oscar Wilde at Magdalen College in the 1870s. Whilst visiting her brother during Commemoration Week in June 1876, she recorded in her entry relating to the annual Show Sunday Promenade in the Broad Walk, Christ Church, on Sunday 18 June: 'Saw Christian Cole (Coal?) (the nigger)'. Whilst we would consider this an unacceptable remark, it must be taken in its historical context.

Two years later, the Oxford Chronicle of 29 June 1878, in its account of Encaenia, noted that, before the procession entered, 'Some amusement was caused by "Three Cheers for Christian Cole", a gentleman of colour, of University College, who had entered the Theatre a few moments previously and was standing in the area'. Cole became known in Oxford as 'Old King Cole', a nickname employed in a contemporary cartoon. Whilst Oxford and Cambridge Universities seem to have started to accept black students in the 1860s and 1870s, the same period as the Inns of Court, it appears that non-denominational University College London commenced almost 30 years earlier. London University's first (quarter) black American student, an emancipated slave called Moses Roper, was admitted to UCL in 1838, whilst Indian students appeared in the admission registers from at least the 1840s.

To understand the timing of these developments, it is necessary to look at the historical context of our colonial past, particularly in relation to India. In the decades preceding the Indian mutiny of 1857, the subject of the education of indigenous Indians had prompted debate. In acquiring sovereignty over India, the British had inherited a complex and multi-layered society. At the top of the hierarchy sat the previously independent princes and urban intelligentsia (concentrated in Calcutta, Madras and Bombay, the main bases of British trade), who were cultured and well educated. At the bottom stood the mass of the population, condemned in many cases to ignorant poverty. By negotiating with the princes, rather than toppling them from their thrones, the British had made powerful allies. However, there was no serious suggestion that Indians should play a part in Imperial government until the 1830s, when the question was considered in the lead up to the passing of the India Act of 1833. Foremost in the movement for native recruitment to the East Indian civil service were Sir Charles Trevelyan and Thomas Macaulay, who were serving in India at this time. Whilst many amongst the British establishment feared that the education and employment of Indians would threaten the British Empire, Trevelyan and Macaulay argued the reverse, although appreciating that it would take some time to achieve true integration. Macaulay declared in a speech on the India bill in 1833:

I feel that, for the good of India itself, the admission of natives to high office must be effected by slow degrees. But that, when the fullness of time is come, when the interest of India requires the change… to refuse to make that change lest we should endanger our power… is a doctrine of which I cannot think without indignation.

Central to this development was the education of the indigenous population. In arguing that this education should be in the English language and should follow the British tradition and syllabus, Macaulay wrote in his famous 'Minute of 2 February 1835 on Indian Education':

In one point I fully agree with the gentlemen to whose general views I am opposed. I feel with them that it is impossible for us, with our limited means, to attempt to educate the body of the people. We must at present do our best to form a class who may be interpreters between us and the millions whom we govern; a class of persons, Indian in blood and colour, but English in taste, opinions, in morals and intellect.

Although universities and colleges were subsequently established in a number of Indian towns and cities, the sons of the rich continued to be sent to England to receive a traditional education at the Indian civil service college at Haileybury, at the universities and at the Inns of Court. The majority were to return to their native country to pursue a career in the Indian civil service and judiciary. It is significant that the first Indian to return from England to serve in the Indian civil service, in 1864, was Satyendranath Tagore, a relative of Ganendra Mohan Tagore, the first Indian to be called to the Bar in London. The Tagore family of Calcutta were to play a significant part in the social advancement of their country, including promoting the liberation of women.

English common law was considered an important area of study, since it was in operation in all the British colonies, although it never entirely replaced native laws and customs. Moreover, training for the bar had the added advantage of equipping students with advocacy skills and conferring status, prestige and potential wealth at home. It is no coincidence that many of the leaders of the early independence movements had been trained as barristers in England. These included Gandhi, Nehru, Seretse Khama, the first president of Bechuanaland (modern Botswana) and Tunku Abdul Rahman, founder of modern Malaysia; all of whom had been educated at the Inner Temple. Whilst in Britain, they adopted the dress and manners of English gentlemen in line with their contemporaries. Mohandas Gandhi was no exception. Nevertheless, Gandhi maintained a number of Indian practices and traditions in London, including his diet. As a committed vegetarian he must have caused some commotion in the Inner Temple kitchens on dining nights. However, he was a popular member of any student mess, because his refusal to drink alcohol meant that there was more wine for his companions.

Meanwhile, the promotion of British higher education spread further through the Empire. Students from Japan and Hong Kong arrived in England soon after those from India, whilst the sons of African chiefs, merchants and clerics were admitted to the Inns of Court and universities not long afterwards. In the West Indies the situation was different. With the virtual extinction of the indigenous peoples, the black population was made up almost entirely from former slaves, who did not share the advantages of their eastern counterparts. However, after emancipation, an educated class emerged, some of whom were able to send their sons to Britain. Since former slaves tended to adopt the surnames of their European masters, it is difficult to assess when the first black West Indians entered the Inns of Court. Certainly they were in evidence by the 1890s. In 1899 George Christian of Dominica, the son of a former slave, was admitted to Gray's Inn, where he was called to the bar in 1902. He was to play a significant part in the pan-African Congress held in London in 1900. He subsequently went to West Africa to assist in the establishment of the British legal system there.

To return to India, a country in which the vast majority of women remained in subjugation, it is interesting to find evidence of surprisingly liberal views amongst the Indian intelligentsia in Bengal. Thus Cornelia Sorabji, a Parsee whose parents were Christian, was allowed to travel to England to matriculate at Somerville Hall in 1888. In 1892 she became the first woman at Oxford University to sit the examination for Bachelor of Civil Law, although she could not be awarded the degree to which she was entitled for another thirty years. After the passing of the Sex Disqualification (Removal) Act in 1919, Cornelia Sorabji was amongst the first women to be admitted to Lincoln's Inn. She was called to the Bar in 1923, the year after the first female barrister, Ivy Williams, had been called at the Inner Temple. She subsequently enrolled in the Calcutta High Court and worked assiduously to remove the disadvantages of purdah. Returning to England in later life, she remained in favour of British rule in India, as did the majority of Indians educated in England.

The history of British colonialism continues to give rise to controversy. However, the positive effects of western education should not be overlooked. Without their legal training, would Gandhi and Nehru have been able to negotiate for Indian independence so skilfully, and without major bloodshed? Although much has been made of the Benchers' decision to disbar Gandhi from the Inner Temple in 1922, his conviction for sedition in a British Court made this course of action inevitable. Nor should it be forgotten that, by admitting overseas students in the previous century, the Inns of Court had played a significant part in preparing the British colonies for independence.

Researchers wishing to consult the archives should apply in writing to:

In one point I fully agree with the gentlemen to whose general views I am opposed. I feel with them that it is impossible for us, with our limited means, to attempt to educate the body of the people. We must at present do our best to form a class who may be interpreters between us and the millions whom we govern; a class of persons, Indian in blood and colour, but English in taste, opinions, in morals and intellect.

Although universities and colleges were subsequently established in a number of Indian towns and cities, the sons of the rich continued to be sent to England to receive a traditional education at the Indian civil service college at Haileybury, at the universities and at the Inns of Court. The majority were to return to their native country to pursue a career in the Indian civil service and judiciary. It is significant that the first Indian to return from England to serve in the Indian civil service, in 1864, was Satyendranath Tagore, a relative of Ganendra Mohan Tagore, the first Indian to be called to the Bar in London. The Tagore family of Calcutta were to play a significant part in the social advancement of their country, including promoting the liberation of women.

English common law was considered an important area of study, since it was in operation in all the British colonies, although it never entirely replaced native laws and customs. Moreover, training for the bar had the added advantage of equipping students with advocacy skills and conferring status, prestige and potential wealth at home. It is no coincidence that many of the leaders of the early independence movements had been trained as barristers in England. These included Gandhi, Nehru, Seretse Khama, the first president of Bechuanaland (modern Botswana) and Tunku Abdul Rahman, founder of modern Malaysia; all of whom had been educated at the Inner Temple. Whilst in Britain, they adopted the dress and manners of English gentlemen in line with their contemporaries. Mohandas Gandhi was no exception. Nevertheless, Gandhi maintained a number of Indian practices and traditions in London, including his diet. As a committed vegetarian he must have caused some commotion in the Inner Temple kitchens on dining nights. However, he was a popular member of any student mess, because his refusal to drink alcohol meant that there was more wine for his companions.

Meanwhile, the promotion of British higher education spread further through the Empire. Students from Japan and Hong Kong arrived in England soon after those from India, whilst the sons of African chiefs, merchants and clerics were admitted to the Inns of Court and universities not long afterwards. In the West Indies the situation was different. With the virtual extinction of the indigenous peoples, the black population was made up almost entirely from former slaves, who did not share the advantages of their eastern counterparts. However, after emancipation, an educated class emerged, some of whom were able to send their sons to Britain. Since former slaves tended to adopt the surnames of their European masters, it is difficult to assess when the first black West Indians entered the Inns of Court. Certainly they were in evidence by the 1890s. In 1899 George Christian of Dominica, the son of a former slave, was admitted to Gray's Inn, where he was called to the bar in 1902. He was to play a significant part in the pan-African Congress held in London in 1900. He subsequently went to West Africa to assist in the establishment of the British legal system there.

To return to India, a country in which the vast majority of women remained in subjugation, it is interesting to find evidence of surprisingly liberal views amongst the Indian intelligentsia in Bengal. Thus Cornelia Sorabji, a Parsee whose parents were Christian, was allowed to travel to England to matriculate at Somerville Hall in 1888. In 1892 she became the first woman at Oxford University to sit the examination for Bachelor of Civil Law, although she could not be awarded the degree to which she was entitled for another thirty years. After the passing of the Sex Disqualification (Removal) Act in 1919, Cornelia Sorabji was amongst the first women to be admitted to Lincoln's Inn. She was called to the Bar in 1923, the year after the first female barrister, Ivy Williams, had been called at the Inner Temple. She subsequently enrolled in the Calcutta High Court and worked assiduously to remove the disadvantages of purdah. Returning to England in later life, she remained in favour of British rule in India, as did the majority of Indians educated in England.

The history of British colonialism continues to give rise to controversy. However, the positive effects of western education should not be overlooked. Without their legal training, would Gandhi and Nehru have been able to negotiate for Indian independence so skilfully, and without major bloodshed? Although much has been made of the Benchers' decision to disbar Gandhi from the Inner Temple in 1922, his conviction for sedition in a British Court made this course of action inevitable. Nor should it be forgotten that, by admitting overseas students in the previous century, the Inns of Court had played a significant part in preparing the British colonies for independence.

Researchers wishing to consult the archives should apply in writing to:

Celia Pilkington

Archivist

Celia Pilkington

Archivist

Celia Pilkington

Archivist