Genealogy of a Rebellion Narrative: Law, Ethnology and Culture in Colonial Burma Author(s): Maitrii Aung-Thwin Source: Journal of Southeast Asian Studies , Oct., 2003, Vol. 34, No. 3 (Oct., 2003), pp. 393-419 Published by: Cambridge University Press on behalf of Department of History, National University of Singapore Stable URL: https://www.jstor.org/stable/20072530 JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact support@jstor.org. Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at https://about.jstor.org/terms and Cambridge University Press are collaborating with JSTOR to digitize, preserve and extend access to Journal of Southeast Asian Studies This content downloaded from 137.132.123.69 on Sun, 09 Oct 2022 14:04:48 UTC All use subject to https://about.jstor.org/terms 393 Journal of Southeast Asian Studies, 34 (3), pp 393-419 October 2003. Printed in the United Kingdom. ? 2003 The National University of Singapore DOI: S0022463403000407 Genealogy of a Rebellion Narrative: Law, Ethnology and Culture in Colonial Burma Maitrii Aung-Thwin This article re-examines the history and historiography of the Saya San Rebellion (1930-32), Burma's most famous peasant uprising and one of Southeast Asia's most frequently examined anti-colonial movements. By retracing the documents most intimately connected to the rebellion s official narrative, this study recon structs the legal and administrative context within which this particular history was made. The depth and breadth of scholarship devoted to Asian resistance and rebellion have grown in recent years, benefiting from the efforts of scholars who have challenged the ways in which we approach the study of popular revolts and protest. For the most part, South and Southeast Asian specialists have treated popular resistance movements during colonial times as a particular type of text or script wherein everything from indigenous conceptions of power, community, kingship and religion to ideas of millenarianism and invulnerability can be read from these largely confrontational and violent expressions of protest.1 Rebellion narratives have served as points of departure as well, leading scholars to problematise our categories of analysis, to notice the competitions between the sub altern and urban insurgents, and to reconstruct the way in which criminality was defined and managed by the colonial state.2 Contemporary scholarship has been especially productive, directing our gaze to 'everyday' expressions of resistance and the subtle Maitrii Aung-Thwin is an Assistant Professor in the Department of History, National University of Singapore. His e-mail address is hismvat@nus.edu.sg The author wishes to thank the anonymous readers for the Journal of Southeast Asian Studies and Profes sors Victor Lieberman, Rudolf Mrazek, Thomas Trautmann, John K. Whitmore, Reynaldo C. Ileto, Bruce Lockhart and Michael Aung-Thwin for all their careful and helpful comments. Special thanks to the Asia Research Institute, National University of Singapore for providing a post-doctoral fellowship under which this article was written. 1 See, for example, Michael Adas, Prophets of rebellion: Millenarian protest movements against the European colonial order (Chapel Hill: University of North Carolina Press, 1979); James C. Scott, The moral economy of the peasant: Rebellion and subsistence in Southeast Asia (New Haven: Yale University Press, 1976); Reynaldo Ileto, Pasyon and revolution: Popular movements in the Philippines, 1840-1910 (Manila: Ateneo de Manila University Press, 1979); Emanuel Sarkisyanz, Buddhist backgrounds of the Burmese revolution (The Hague: M. Nijhoff, 1965); and Hue-Tarn Ho Tai, Millenarianism and peasant politics in Vietnam (Cambridge, MA: Harvard University Press, 1983). 2 Ranajit Guha, Elementary aspects of peasant insurgency in colonial India (New Delhi: Oxford University Press, 1983); Ann Laura Stoler, '"Cold blood": Hierarchies of credibility and the politics of colonial narra tives', Representations, 37 (1992): 151-89; Anand A.Yang, Crime and criminality in British India (Tucson, AZ: University of Arizona Press, 1985). This content downloaded from 137.132.123.69 on Sun, 09 Oct 2022 14:04:48 UTC All use subject to https://about.jstor.org/terms 394 MAITRII AUNG-THWIN strains of 'avoidance protest' that lie constantly beneath the surface of normative behaviour. These studies have stretched our analyses further, encouraging us to take account of 'unconscious' actions that undermine authority, the role of gender in resis tance and the possibility of examining rituals in an 'everyday' frame of mind to test them for evidence of the subversive.3 Our attention has moved away from the large-scale anti colonial movements in order to seek those hidden, submerged and silent narratives within daily life that we assume are present and waiting to be read. Before we move completely away from rebellion narratives in favour of the more minute and subtle narratives of resistance, it may be prudent to pause and re-examine our earlier subjects thoroughly. Although major uprisings may not provide us with mate rial that might contribute to the discourse on everyday forms of protest, they still have relevance within other current and ongoing discussions of issues such as the colonial production of knowledge, the tensions within Empire, archival studies and the role of law in history and memory.4 A case in point is the Saya San Rebellion (1930-32), an insurrec tion in colonial Burma that has been examined fairly extensively for its colourful imagery and features of Burmese culture - encapsulated in the figure of Saya San, a 'prophet-king' who utilised amulets, tattooing and Buddhist millenarianism as part of his rebellion rhetoric. Interestingly enough, while scholars all have studied this particular narrative of the Saya San Rebellion for what it revealed about indigenous Burmese culture specifically or Southeast Asian social history in general, few have examined it for what it can tell us about the setting which produced it, namely the administrative institutions of colonial Burma. Studying the ethnology of this narrative or constructing a 'genealogy' of the Saya San story offers a history of its making and imagining and of the ideas most closely associated with its character. In other words, the study of narrative can tell us about the history of its formation and the context in which it was conceived. As Nicholas Dirks urges in his call for an 'ethnology of the archive', such an approach will 'move us away from the certainties of linear and autonomous textual history ... dissolving texts into contexts even as contexts constantly become reabsorbed by other texts and historical traces'.5 It will be suggested that the narrative of the Saya San Rebellion was as much a part of the competition between interests in India and Burma as it was an event specific to Burmese history. Furthermore, a 'genealogy' of this rebellion narrative will also intro duce the specific social and legal contexts through which this particular history and its specific sources were created. This study aims to renew our interest in rebellions and 3 James C. Scott, Weapons of the weak: Everyday forms of peasant resistance (New Haven: Yale University Press, 1985); Michael Adas, 'Bandits, monks and pretender kings: Patterns of peasant resistance and protest in colonial Burma, 1826-1941', in Power and protest in the countryside: Studies of rural unrest in Asia, Europe, and Latin America, ed. Robert P. Weiler and Scott E. Guggenheim (Durham, NC: Duke University Press, 1982), pp. 75-105; Contesting power: Resistance and everyday social relations in South Asia, ed. Douglas Haynes and Prakash Gyan (Berkeley: University of California Press, 1991). 4 History, memory, and the law, ed. Austin Sarat and Thomas R. Kearns (Ann Arbor: University of Michigan Press, 1999); Bernard Cohn, Colonialism and its forms of knowledge: The British in India (Princeton: Princeton University Press, 1996); Colonial subjects: Essays on the practical history of anthro pology, ed. Peter Pels and Oscar Salemink (Ann Arbor: University of Michigan Press, 1999); and Tensions of empire: Colonial cultures in a bourgeois world, ed. Frederick Cooper and Ann Laura Stoler (Berkeley: University of California Press, 1997). 5 Nicholas B. Dirks, 'The crimes of colonialism: Anthropology and the textualization of India', in Pels and Salemink, eds., Colonial subjects, pp. 153-79. This content downloaded from 137.132.123.69 on Sun, 09 Oct 2022 14:04:48 UTC All use subject to https://about.jstor.org/terms GENEALOGY OF A REBELLION NARRATIVE 395 specifically the Saya San uprising by suggesting that a genealogical approach to th narrative raises troubling questions as to the credibility of the evidence upon which sequence of events and the interpretation of Saya San's place within it - as reconstruc by the British - were based. The narrative of the Saya San Rebellion, the 'factual' elements of the story, can traced back to official reports that were compiled during and shortly after the upris ended.6 Most historians cite the confidential Blue Book report, The origins and cause the Burma Rebellion 1930-1932 (OCBR, published in 1934) as their primary source this event. The official narrative, considered to be factually accurate by commentato proceeds in the following manner. In the final days of December 1930, official New Delhi were informed by telegram that a small uprising had erupted in Tharrawad District in the Province of Burma.7 Reports indicated that a band of Burmese had ta up arms and succeeded in capturing a forestry outpost and a few other governmen installations, resulting in the deaths of one British official and several village headm Although Rangoon authorities were initially unconcerned, New Delhi and Lond witnessed in the following weeks the escalation of what would became one of the larg anti-colonial movements ever encountered in Southeast Asia. Officials would soon a ciate the name Saya San with the uprising, in reference to the mysterious peasant lea who reportedly had revived ancient symbols of kingship in order to inspire the peasan to move against the colonial state. Operating through a network of village associatio that he and his lieutenants had founded, Saya San convinced his followers that he w restore the Burmese monarchy with himself as their new king and revitalise the Buddhist religion, which had been in decline since the final annexation of the country in 188 Peasant cultivators, already frustrated by the drop in paddy prices, the privatisation communal forestry lands and the increasing burden of state taxes, were quick to resp to Saya San's propaganda campaign involving a mixture of anti-tax rhetoric, Buddh prophecies and invulnerability rituals. Despite the initial confidence of the local administration, New Delhi soon d patched additional military support at the request of the Rangoon government, wh quickly deployed the troops to the affected areas. A few days later, reports indicated that the rebel king's mountain headquarters had been successfully located and burn forcing the leader to flee northwards into Upper Burma.8 During the early months 1931, Saya San's alleged movements could be tracked as the rebellion spread through 6 See, for example, India Office Record archives (London), Government of Burma, L/PJ/6/2020, Bu Rebellion Files (BRF), Frames 448-55, Report on the rebellion in Burma up to 3rd May, 1931, comm paper, 3900 (1931); Frames 22-44, Origins and causes of the Burma rebellion 1930-1932 (1934) (hencef OCBR); Frames 572-7, Report on recent rebellions in Burma, police document, 9 May 1931; Frames 58-70 The rebellion in Burma, April 1931-March 1932; Frames 661-77, Causes of the Tharrawaddy rebellion March 1931. All sources bearing an L/PJ/6 designation are from the BRF sections of the microfilm; spec frames will be indicated where relevant. 7 L/PJ/6/2020, Frame 792, Telegram, Government of India (G/I), Home Department (HD) to Secret of State for India (S/SI), repeating Telegram from Government of Burma (G/B), 24 Dec. 1930. 8 L/PJ/6/2020, Frame 782, Telegram, G/I, HD to S/SI, repeating Telegram from G/B, 2 Jan. 1930. of the earliest assessments of the rebellion, written a week after the rebellion first broke out, is in Fra 766-73, Letter No. C30, 29 Dec. 1930, G/B to G/I, HD. This content downloaded from 137.132.123.69 on Sun, 09 Oct 2022 14:04:48 UTC All use subject to https://about.jstor.org/terms 396 MAITRII AUNG-THWIN the country into the Shan District of north-eastern Burma. However, in August 1931 he was apprehended and placed before a Special Tribunal to be tried for treason. In November 1931, after a series of appeals, he was executed under Sections 121/121A of the Indian Penal Code for having waged war against the British King-Emperor. By the end of the insurrection, 1,300 rebels had been killed and up to 9,000 had surrendered. To British officials, Saya San was merely a personification of a recurring theme in Burmese history: the rise of a minlaung (translated by the British as 'pretender king', though 'imminent king' is perhaps more accurate) who during the course of British rule would periodically rally the peasants in the hope of resurrecting the Burmese monarchy. In fact, a 1914 manual for civil servants describing the nature of these insurrections seemed to anticipate the very situation in Tharrawaddy almost prophetically, as officials later commented. Throughout 1931, reports did in fact seek to present Saya San as a minlaung, implying that the uprisings were as regular to Burmese culture as Buddhism, for the 'Burman' was 'by nature a restless subject' and prone to 'credulity'.9 Thus the earliest understandings of the Saya San Rebellion were informed by knowledge about Burmese culture and the character of uprisings since 1885. Carey's minlaung tradition Patricia Herbert first noticed that several documents linked to the traditional characterisation of the rebellion were ultimately connected to B. S. Carey's official publi cation Hints for the guidance of civil officers in the event of outbreak of disturbances in Burma (1914), intended to be a reference manual for officials who were unfamiliar with the types of uprisings 'which were expected to occur from time to time'. Carey hoped to provide a manual that could tell 'what is likely to happen, what is [the] accepted method of dealing with the situation, and how to take the vigorous offensive against the enemy'. The pamphlet described the ways in which putative claimants to the throne {minlaung) would seek to resurrect the Burmese monarchy. In a systematic description of how such a movement would proceed, Carey summarised counter-insurgency tactics and strategy. 'What will happen in the future will be very much the same as what happened in the past,' he suggested, a virtual invitation for future officials to interpret the rebellion within his preset scheme.10 In fact, whole passages of Carey's 1914 publication were cut and pasted into reports written in 1930-31, revealing the type of perspective that was being projected onto the events surrounding the Saya San uprisings.11 For example, paragraphs describing how Burmese history 'is a record of sudden and successful rebellion resulting in the seizure of the throne' or how there were many 'prophecies' that 'the throne of the King of Burma will be won again' were lifted from the manual and inserted into the prose - and therefore into the policies - of counter-insurgency officials. Future rebels were expected to 9 L/PJ/6/2020, Frames 578-85, B. S. Carey, Hints for the guidance of civil officers in the event of outbreak of disturbances in Burma, first printed in 1914 and reprinted in 1931. 10 Quotations from ibid., Frames 579-80; Patricia Herbert's comments are in her important The Hsaya San rebellion 1930-1932 reappraised (Melbourne: Monash University Centre of Southeast Asian Studies, 1982), pp. 2-3. 11 See comments in ibid, and notice the explicit references to Carey's minlaung motif in L/PJ/6/2020, Frames 766-73, Letter of 29 Dec. 1930; Ralph Clarence Morris, Causes of the Tharrawaddy rebellion, and OCBR. This content downloaded from 137.132.123.69 on Sun, 09 Oct 2022 14:04:48 UTC All use subject to https://about.jstor.org/terms GENEALOGY OF A REBELLION NARRATIVE 397 resemble those in the past, following the model of other minlaung who practised in nerability rituals turning bullets into water, and 'believed in such things as flying tigers, winged spears and magic'.12 By quoting and adopting Carey's predictions, reports s as the OCBR formed a continuum of documents that linked the understanding of up ings from the late nineteenth century with those in the 1930s. The implicit offic assumption was that the majority of Burmese remained unmoved by new legislativ opportunities made in the legislative council and unable to appropriate other form political expression despite the tutelage of Britain's civilising mission. Herbert's study looks mainly at Burmese sources to offer a different reading of rebellion's character, but her initial linking of Carey's manual with the official Blue B report (OCBR) is of crucial significance, for it reveals the way in which post-Annexa ideas about rebellion and Burmese identity continued into the pages of official doc ments describing events in the 1930s. Moreover, the nature, tone and perspective o Carey's characterisation of'disturbances in Burma' would endure not only in subseque reports on the rebellion, but in the very arguments and positions presented by Brit prosecutors in the multiple trials that occurred throughout and after the uprising Rangoon's decision to portray this new uprising in Tharrawaddy as a type of revolt t had been more or less predicted, accounted for and successfully extinguished in the p may have been an attempt to assure New Delhi and London that the situation in Burm was unremarkable and certainly not a reflection on the administration or its policies any event, the story behind the making of the Saya San Rebellion narrative involv stretching Carey's framework into the time and space of the 1930s. Existing scholarship on the Saya San Rebellion has concentrated on explaining a interpreting the rebellion, a demonstration of how influential the official OCBR seems to have been in directing and influencing the nature of the discourse. In fact, the histo graphy of the rebellion is based entirely on the report's narrative, which was fram within a set of binary oppositions (superstition vs. rational, traditional vs. modern political vs. economic). Scholars responded to the report's casting of events utilisin similar conceptual pairings, not only mirroring the polemical structures of the repor contentions, but often recycling the same categories of comparison as well.13 Much of the earliest work on Saya San begins with scholar-officials (C. V. Warren A. J. S. White, Maurice Collis) who wrote shortly after their tour of duty in Burma 12 Carey, Hints for the guidance. 13 See, for example, John F. Cady, A history of modern Burma (Ithaca and London: Cornell Univer Press, 1958); Sarkisyanz, Buddhist backgrounds; Harry Benda, 'Peasant movements in colonial South Asia', Asian Studies, 3 (1965): 420-34, reprinted in Harry Benda, Continuity and change in Southeast (New Haven: Yale University Press, 1972); Scott, Moral economy, Adas, Prophets of rebellion; Herb Hsaya San rebellion; Toshikatsu Ito, 'U Thuriya's rebellion: The anti-colonial uprising in late 19th cen Lower Burma' (Tokyo: Tokyo University of Foreign Studies, Department of Indochinese Studies, Bu Research Group, 1987), pp. 209-30; and Parimal Ghosh, Brave men of the hills: Rebellion and resistance Burma 1824-1932 (London: Hurst & Co., 2000). The Saya San Rebellion is also discussed in Robert Tay The state in Burma (Honolulu: University of Hawai'i Press, 1987); U Maung Maung, From sangha to laity Nationalist movements of Burma, 1920-1940 (New Delhi: Manohar Publications, 1980); Htin Aun history of Burma (New York: Columbia University Press, 1967); and Albert D. Moscotti, British policy the national movement in Burma (1917-1937) (Honolulu: University of Hawai'i Press, 1974). 14 C. V. Warren, Burmese interlude (London: Skeffmgton & Son, 1937); A. J. S. White, The Burma of'A Memoirs of A. J. S. White (London: BACSA, 1991); Maurice Collis, Trials in Burma (London: Fab Faber, 1938). This content downloaded from 137.132.123.69 on Sun, 09 Oct 2022 14:04:48 UTC All use subject to https://about.jstor.org/terms 398 MAITRII AUNG-THWIN These commentators, all of whom had direct access to the official report, chose to accen tuate the rebellion's characteristics in their personal narratives, relating with colour and vivid images its more fantastic and superstitious qualities. For these writers, the narrative was important to their readership for its excitement and the exotic flavour it added to their stories, so they attempted little or no analysis of the rebellion. Professional scholars who followed, such as D. G. E. Hall and G. E. Harvey, discussed the origins of the rebel lion through the terms articulated in the report (economic or political), with the latter historian choosing 'superstition pure and simple' as the more likely motivating factor.15 Interestingly enough, while Saya San was explicitly mentioned as having organised and instigated the rebellion, scholarship up to that point had only spoken of the event in general terms as the 'Burma' Rebellion/Revolt. It was not until almost twenty years after wards that the focus of the rebellion would shift to Saya San, establishing his current place in the history of Burma. Work that followed Burmese independence in 1948 positioned the Saya San Rebellion under the lens of nationalism, allowing scholars in Burma and abroad to dismiss the earlier emphasis and negative portrayal of the movement's supernatural elements in favour of examining its structure and message. Domestic historians, reacting strongly against colonial assessments of the rebellion, returned the focus to economic causes, downplaying its more traditional imagery for an interpretation perceived as more legitimate and applicable to writing a national history. Similarly, this stress on economic conditions as a causal factor for the rebellion would inspire a generation of scholars in the West to examine the Irrawaddy Delta region and the rational economy of the peasant as possible frameworks for understanding Saya San and his followers. Others began exam ining the political aspects of the rebellion from a more inclusive perspective, consciously choosing to read the Buddhist elements of the uprising as part of a distinctly 'Burmese' nationalism. To these scholars, superstition, religion or other traditional beliefs could be studied for what they revealed about Asian political consciousness. Economics was certainly a contributing factor in the rebellion, but it was Buddhism that provided the blueprint for explicating these early nationalist sentiments. With the florescence of new approaches to the study of peasant movements in Southeast Asia (notably the work of Reynaldo Ileto), the Saya San Rebellion's supposedly 'superstitious' characteristics came to be examined for what they revealed about indig enous Southeast Asian culture, no longer needing to be validated under the rubric of 'nationalism'. Work by Michael Adas and Emanuel Sarkisyanz dared us to consider the rebellion from a Burmese-Buddhist conceptual framework that espoused competing notions of time, renewal and change.16 However, even though the field's concern with 'autonomous' perspectives, 'competing' voices and 'alternate' discourses produced work that championed the world-view of the peasant (like Herbert's careful study), the fundamental shape and content of the rebellion narrative remained intact. The resulting studies of the Saya San Rebellion are thus direct legacies of this official report, not only in the way it was used to secure their interpretations as a primary source, but also in the way that it influenced how scholars would think about the rebellion. Studies that sought to understand, validate, dispute, condemn or characterise this narrative and the arguments, policies and voices it would eventually serve were based on 15 G. E. Harvey, British rule in Burma 1824-1942 (London: Faber and Faber, 1946), p. 73. 16 See Adas, Prophets of rebellion; Sarkisyanz, Buddhist backgrounds; and Ileto, Pasyon and revolution. This content downloaded from 137.132.123.69 on Sun, 09 Oct 2022 14:04:48 UTC All use subject to https://about.jstor.org/terms GENEALOGY OF A REBELLION NARRATIVE 399 the arguments and positions articulated by the official report.17 In all of these cases, basic sequence of events has remained unaltered: Saya San was accepted as having led organised the rebellion in the minlaungtradition. The different readings ofthat narra that emerged during the 1930s and those that arose in later scholarship were coun interpretations, not counter-narratives; they all focused on debating the origins a causes of the rebellion, understanding the cultural contexts of its distinctive charact tics, locating the world-view of the peasant or detecting how the rebellion's image articulated the complex relationships between religion, resistance and nationalism Burma. These areas of interest were all drawn from issues that the report deem relevant, thereby framing the nature of analysis and discussion for those who used Thus, in the historiography of the Saya San Rebellion only one narrative has actually the light of day and on it rests our entire understanding of Saya San and the peas movement he allegedly led. The urge to interpret the rebellion and to understand i motivations led scholars away from noticing a troubling characteristic in the sourc most closely associated with the rebellion narrative. Upon a closer review of the official report (OCBR), it is clear that the document not a primary source for the Saya San Rebellion narrative (as it has been used) as mu as it is a compilation of data from earlier reports with extracts from judicial reco that chronicle the proceedings of the Special Rebellion Tribunals which were formed process captured rebels. Moreover, these judicial passages reveal another peculiarity that they were copied verbatim from Judgment Summaries, which contained only t prosecution's arguments in the trial of Saya San. In other words, the report's sequenc events was a recycling of the version first presented by the prosecution before the Specia Rebellion Tribunal. The report was hardly a 'primary' source at all.18 Using the repor historical evidence to prove that the sequence of events actually occurred or was factu accurate is somewhat imprecise. The trail of documents should have led scholars to least cite the Judgment Summaries, rather than the report, as some of the closest sources to the rebellion narrative. With the exception of Adas, Herbert, Oliver B. Pollak an Kenji Ino, few scholars have even mentioned the judicial records associated with the t and no-one has examined these proceedings to question their reliability as sources or examine the historical and legal environment in which the Saya San story cam be formed.19 Rather than treating the official report as a starting point for studying the 17 The ways in which the historiography of the Saya San Rebellion is a product of these coun insurgency documents and the institutions that produced them are beyond the scope of this article and be examined in a forthcoming essay. In brief, the report's contentions that the rebellion was planned, spontaneous; political, not economic in origin; informed by superstition, not rationality; and tradition character, as opposed to modern; all served as points of departure for commentators at the time and f scholars who followed. These series of binary framings were a major component in the discourse of rebellion and certainly framed the tone and analysis found in the 1934 report. 18 'Primary source' is used here to mean those sources which are most able to validate or confirm an ev having occurred. For the purposes of this article, it will refer to documents, materials or witness testim that can be reliably identified as having referred to the events for the first time, before any other source. is acknowledged, however, that there is always a 'secondary' quality to most documents found in archive and a 'secondary trace of historical discourse' - to quote Nicholas B. Dirks - to which these sour are almost always attached; see Dirks, 'Crimes of colonialism', p. 176. 19 Patricia Herbert's Hsaya San rebellion seeks to unravel the traditional colouring that has accompa previous interpretations and to show how Western political forms of mobilisation, exemplified by Galon Wuthanu Athin, demonstrate a 'modern' character to the uprising. The present article discusses problematises the very narrative upon which her provocative study stands. This content downloaded from 137.132.123.69 on Sun, 09 Oct 2022 14:04:48 UTC All use subject to https://about.jstor.org/terms 400 MAITRII AUNG-THWIN historiography of the rebellion and the interpretations that were built upon it, one might consider the document a final version of the rebellion narrative, the outer coating that we may peel off to reveal how the history of the Saya San Rebellion was produced by and through the legal and legislative arms of the colonial state. Precedents to the narrative The four judicial documents most closely associated with the construction of the Origins and causes of the Burma Rebellion 1930-1932 were two Judgment Summaries, an Appellate Judgment and a Judgment Order, the latter being a review of the procedures and findings found in the appeal.20 The proceedings provide a summary and reconstruc tion of the Saya San trial on the basis of the evidence and arguments submitted by the prosecution. Passages from these documents were cut and pasted into the text of the report to act as 'evidence' for the arguments being made about Saya San; we can already begin to see the merging of, and ambiguity between, legal and historical evidence. These passages were generally direct quotations from the prosecution or remarks by the stand ing Tribunal. Thus, the findings summarised in the four judicial documents covering the trial were merely transferred to the final official report on the Rebellion. Although the report would include the narratives of rebel outbreaks in several districts, they were all connected to the grand narrative involving Saya San. This initial connection between the OCBR and the judicial documents raises some important points. Leaving aside for the moment the fact that the narrative was con structed in an inherently adversarial environment where guilt or innocence rather than historical accuracy was the concern, it is interesting to note that the history of the Saya San Rebellion was based in part on the prosecution's intention to convict the man they believed to be the instigator of the rebellion - suggesting that evidence was being shaped to fit a preconceived theory. Even if the proceedings had included a record of the defence's case, the problem of reconstructing events to reach a desired end (in this case innocence) would still remain. (This may explain why there has never appeared an alter native 'narrative' or alternative 'evidence' in the history of the Saya San Rebellion. There has been only one record, one set of evidence and one perspective on which to base any other view.) Beyond the question of what is included or excluded, it is also interesting to consider how portions of the arguments are used as 'sources' in the report's text. They help authenticate and legitimate the report's narrative by referring to its legal past and specifically to the opinions and observations of the judges most intimately involved in the trial. By seemingly appealing to the readership's trust and confidence in the English legal process (in this case the immediate audience were members of the British par liament), the Rangoon authorities were able to fashion the comprehensive report in a manner that would satisfy London's sensibilities and demands for a comprehensive and substantial document. In the end, this codification of what was essentially the prosecution's reconstruction of events has unintentionally deflected the attention of historians from the evidence and arguments closest to the narrative's formation. (At the 20 See L/PJ/6/2022, Judgment Summary, 29 Sept. 1931, Special Tribunal Case No. 5,28 Sept. 1931, Frames 684-94; Judgment Appeal No. 1121 of 1931, Special Tribunal Case No. 5, 29 Sept. 1931, Frames 649-64; Judgement Order, Criminal Appeal No. 1121 of 1931, Special Tribunal Case No. 5, 11 Oct. 1931, Frames 665-83; and Judgement Summary, Special Tribunal Case No. 1 of 1931, 28 Aug. 1931, Frames 755-90. This content downloaded from 137.132.123.69 on Sun, 09 Oct 2022 14:04:48 UTC All use subject to https://about.jstor.org/terms GENEALOGY OF A REBELLION NARRATIVE 401 same time, the intellectual climate of the time was interested in different themes a driven by different questions, a fact which has as much to do with the types of readings Saya San as do the sources used by scholars.) An examination of the prosecuti case will provide an opportunity to review the legal record as well as to historicise t particular setting in which the narrative and its sources were crafted. The narrative on trial Although the record is virtually silent as to how Saya San's lawyers defended him the course of the trial, the judicial summaries provide a clear picture of how both t prosecution and the Special Tribunal were responsible for constructing and validat the narrative about the rebellion. The proceedings reveal that the Tribunal had a for tive influence on the narrative's final shape, for it had the power to decide what could an could not be included in the evidentiary record. The ramifications of this role for t history of the Saya San narrative cannot be over-emphasised: the Tribunal was not o dictating what would be admitted as evidence in the course of the trial, it was in determining what would constitute the historical record over the long term. Ironical the basis for determining legal admissibility in the trial was also the criterion for definin its historical relevance, since the available sources would consist only of the evident record that the judges accepted and included in their summaries.21 As a consequence, legal evidence of the trial and the arguments corresponding to its application serve as primary evidence and methodology behind the history of the rebellion. The trial records also illustrate the way in which ethnology and perceptions of Burmese culture were managed and manipulated to support the prosecution's c acterisation of Saya San. This element of the trial is interesting not for what it says abou the prosecution's tactics but for the way in which the discourse about these very cultural traits like tattooing would eventually be canonised by the legal and documenta apparatus of the colonial state. Knowledge about Burmese culture that was formed objectified in the context of the trial would eventually find its way into the archiv historical evidence, devoid of its original context and adversarial colouring. In shor the trial of Saya San offers a glimpse into the making of a rebellion narrative and t construction of a Burmese rebel through the processes, ideas and institutions that w most closely responsible for their shaping. The thrust of the prosecution's case was to demonstrate how Saya San perfectl re-enacted the patterns described in Carey's minlaung model and how he had plann and conspired to rebel through his Galon Organisation (Galon Wunthanu Athin village network of political cells allegedly linked to the preparation of the rebellion. contending that Saya San had 'the idea of the Galon Organisation ... since 1928, if n earlier', prosecution lawyers hoped to establish that Saya San had been planning rebel two years before the December 1930 uprising. As a result, their task required them demonstrate that the 'idea' had occurred in 1928 and more importantly, that the Ga Organisation was indeed a rebel front. In short, the prosecution wanted to show that uprising was not a 'spontaneous' popular expression of peasant unrest but rather th result of a well-planned conspiracy. 21 The decisions of the Tribunal set a precedent not only for 'future audiences', but for future historian well; see Austin Sarat and Thomas R. Kearns, 'Writing history and registering memory in legal decis and legal practices: An introduction', in Sarat and Kearns, eds., History, memory and the law, pp. 1-24 This content downloaded from 137.132.123.69 on Sun, 09 Oct 2022 14:04:48 UTC All use subject to https://about.jstor.org/terms 402 MAITRII AUNG-THWIN The pertinent evidence against Saya San begins with a document seized from a household where he had allegedly resided for ten years. The prosecution contended that the note demonstrated that Saya San had been 'permanently connected' with 'fomenting the rebellion' well before the outbreak of violence in late 1930. It stated that a new organisation by the name of 'Sandati Galon Organisation' would be recognised by the General Council of Burmese Associations (one of the largest nationalist organisations) and 'utilised according to the wishes of the laymen members'.22 Although the document was dated 3 August 1928, there was nothing within the text to link it to Saya San, nor did it support any allegation that the Galon Organisation was a front for the rebellion. One had to assume a priori that the prosecution's story about the document's origins and meaning was accurate in order for it to be valid. Another document of questionable relevance is a letter dated 14 December 1929, from Saya San to Saya Nyun, presented as evidence of early rebellion planning. It reads: The declaration by the Viceroy that Dominion Home Rule would be granted to India is but a ruse. A political object is achieved only when lives are sacrificed. The Indians in India will like one man, give up their lives next Pyatho (January 1930). Our party has decided not to separate Burma from India, and it is when we follow the lead of India (Lit. When the elder brother dances, the younger brother should dance, and when the elder brother sits, the younger brother should sit too) that we are acting according to the spirit of the decision.23 This letter was interpreted by the prosecution as 'foreshadowing' the 'violence and bloodshed' that would befall British officials in the coming months. In a rare indication of the defence's explanation (referred to in the record because of the prosecution's rebut tal), Saya San's lawyers claimed that the sacrifices mentioned in the passage had nothing to do with violence against the authorities but referred to ways in which political leaders would have to make sacrifices in order to implement policy, especially in reference to the highly divisive Separation Issue (of Burma from India) that was currently under debate within nationalist circles. This explanation was rejected by the prosecution, however, since Saya San was a known provider of charms and tattooing which rendered the recipients immune to bullets ... (the blood) can hardly be regarded as referring to the blood to which his men would have to shed, for according to all the evidence, his men were supposed to be proof against injury, so the shedding of blood contemplated must have been the blood of the opposite party.24 In other words, the prosecution argued that the 'blood and violence' within the letter had to refer to the British because the Burmese used tattoos that were believed to make themselves invulnerable. Therefore the letter was considered direct evidence of Saya San's intention to rebel in the coming months. However, a simple examination of the 22 The most complete record of the trial is in L/PJ/6/2022, Frames 669-83, Judgment Order, Criminal Appeal No. 1121 of 1931, Special Case No. 5, 11 Oct. 1931 (henceforth cited as 'Judgment Order'), from which these quotations are taken. Additional witness testimony included in the record but not dis cussed here relies on the admissibility of the items and testimony highlighted in this article. Specifically, I have chosen to skip the testimonies of several prosecution witnesses, as their depositions rest on the admissibility of a diary, to be examined below. 23 Ibid. 24 Ibid., Frames 669-70. This content downloaded from 137.132.123.69 on Sun, 09 Oct 2022 14:04:48 UTC All use subject to https://about.jstor.org/terms GENEALOGY OF A REBELLION NARRATIVE 403 document's text shows no reference at all to 'blood and violence' in the first place. The prosecution's counter-argument (pertaining to tattooing) was actually in reference to their own commentary on the letter, not the original text itself. Moreover, it had not been established that Saya San was a tattooing expert, nor had it been shown that he ha ever contended that immunity to bullets could be attained through tattooing. Th prosecution's rebuttal rested on assumptions and arguments that stemmed from its ow comments and prejudices, not from the document under examination. In fact, there was actually very little reliable material evidence to show that Saya San had the idea for rebellion in 1928, even though the two documents were admitted into the record to establish that very point. The 1928 note and the 1929 letter relied on th prosecution's own unproven characterisations of their meaning and content. Both docu ments depended on a narrative that was symbiotically and tautologically dependent on them as sources. Not only are the circumstances surrounding their admittance peculiar, but their value as reliable sources for the historical narrative is questionable as well. There was also a long line of witnesses, all supplied by the prosecution. (Due to the fast-track nature of the Special Rebellion Tribunals, the defence did not have time t secure witnesses on its own behalf and could only cross-examine the prosecution's wi nesses. In addition, the defence claimed that witnesses would not come forward to testif on behalf of the defendant for fear of being implicated with the rebellion).25 San Pe tol the Tribunal that Saya San had lived with his family for ten years and had given him membership card that stated the member's name, age, designated company (unit), and the signature of one Thupannaka Galuna Raja or King of the Galons, Saya San's allege alter-ego. Another witness, Tun U, testified that in the late summer of 1930 Saya San ha ordered the printing of 5,000 such cards.26 These cards played a significant role in the case against Saya San for they refer for the first time to the 'royal' title Thupannaka Galun Raja. The galon or garuda was a mythical bird in Southeast Asia that was often pitted against the naga (snake), similar to the association between the fox and the hound. In fact, members of the organisation were said to have tattooed the image of the galon defeating the naga, a symbol that reflected Burmese intentions to defeat the British. I the prosecution's eyes, then, the galon/naga motif symbolised the very idea of rebellion The membership card, according to the prosecution, not only illustrated Saya San's rank as leader and founder of the Galon Village Associations, but also signalled hi self-identification as King of the Galons and his intention to use Burmese kingship as a ideological platform from which to launch his revolt.27 In their effort to attach Saya San to the formative stages of the rebellion, the prosecution had to demonstrate that the Galon Associations were the political wing o 25 Ibid., Frame 679. 26 L/PJ/6/2022, Judgment Summary, Special Tribunal Case No. 5, King Emperor vs. Saya San, 28 Aug 1931, 29 Sept. 1931, Frames 684-94. 27 Yet if one looks at the original document, the text also includes the term Thammada, which can mean 'president'. It is interesting that the official report, after having referred to this piece of evidence, excludes the term in its text. See also Patricia Herbert's comments regarding Saya San's use of this term in Hsaya Sa rebellion, p. 6. There are some references to the galon (garuda)I naga symbol in Southeast Asian Buddhist literature, especially in reference to the legend of the Buddhist Saint Upago (Upagupta); see John Strong, The legend of Upagupta: Sanskrit Buddhism in Northern India and Southeast Asia (Princeton: Princeto University Press, 1992), pp. 183, 187-9, 191, 204. This content downloaded from 137.132.123.69 on Sun, 09 Oct 2022 14:04:48 UTC All use subject to https://about.jstor.org/terms 404 MAITRII AUNG-THWIN the rebellion. Drawing upon an imperfect knowledge of Burmese rituals, mythology and medicinal practices, the government lawyers melded together an argument that not only came to criminalise aspects of Burmese culture, but would endure into contemporary scholarship as the discourse through which these features would be discussed. They chose specifically to focus on the symbols of the garuda/naga and the act of tattooing. Although the latter practice had a wide and varied tradition in Burma (such as a means of identifying one's occupation),28 the British attempted to argue that the act of tattooing and specifically the depiction of the galon s defeat of the naga purely represented an initiation ritual that Saya San undertook as part of his recruitment into the rebel associations. The prosecution contended that the choice of the symbol for the Galon Organisation and their tattoos was completely intentional, as the depiction of the galon defeating the naga triggered the 'hereditary lawlessness and contempt of authority' in the 'ignorant, gullible and superstitious' villagers who associated themselves with the galon and the naga with the British. Thus, the legal connection between the Galon Association and the rebellion rested upon an anthropological interpretation of tattooing as a practice and the galon as a symbol of revolt. The prosecution's argument actually relied on evidence presented in an earlier rebellion trial connected with the same rebellion (Special Rebellion Case No. 1 of 1931) in which a prosecution witness, Po Yon, stated that he had once asked an associate why he was tattooed with the galon. That individual allegedly replied that the symbol repre sented his fight against the government, for the 'Galon was the symbol of the victory over the Naga', the symbol of foreigners. In addition, the witness's friend stated that 'if a man has a gallon tattoo mark on him he become invulnerable, and the shot fired at him become[s] coloured flour'. The defence countered that the galon tattoo was actually a prophylactic against snakebite, which drew doubtful criticism from the British high jus tice, until U Ba U, a Burmese member of the Tribunal, supposedly told the Englishmen that he (U Ba U) 'had better get down from the bench [and] take [his] seat amongst those accused', since he too had tattoo marks thought to protect him from snakebite.29 Even though the prosecution's explanation for the meaning of the galon symbol depended on hearsay testimony and despite the fact that the tattoo apparently had a vague double meaning (the presence of the naga/British figure was apparently 'read' into the meaning of the tattoo, since it did not actually appear opposite the galon, as originally asserted by the prosecution), their interpretation was deemed sufficient to prove that the galon Village Associations were, by virtue of the tattoo's meaning, the political and administrative wing of the rebellion. Thus, testimony and evidence referring to meetings of the village organisations were automatically categorised as signalling rebel activity - this despite the fact that the formation of village organisations (wunthanu athin, used as 28 Crown service members, soldiers, religious bondsmen, craftsmen and even those monks who failed their exams were said to receive a special tattoo during the Konbaung period (1752-1886); Michael Aung Thwin, Pagan: Origins of modern Burma (Honolulu: University of Hawai'i Press, 1985), p. 90, and The royal orders of Burma, A.D. 1598-1885, ed. Than Tun, vol. 5 (Kyoto: Kyoto University Center for Southeast Asian Studies, 1986). See also James George Scott, The Burman: His life and notions (New York: Norton and Co., 1963 reprint), pp. 39-47. 29 Po Yon's testimony is in OCBR, p. 3; Ba U's account of his remarks is in his My Burma: The autobiogra phy of a president (New York: Taplinger, 1958), pp. 110-11. These statements cannot be confirmed in the Judgment Summaries related to the trial. This content downloaded from 137.132.123.69 on Sun, 09 Oct 2022 14:04:48 UTC All use subject to https://about.jstor.org/terms GENEALOGY OF A REBELLION NARRATIVE 405 an alternate conduit to the political network established by the British) was a legal and highly effective way for urban and rural nationalist groups to communicate with each other. Through the colonial government's counter-insurgency programme, many suc village associations were censured and shut down. In fact, tattooing was considered evidence of the rebellion's coherency and organi sation. Outbreaks in different districts were linked to the Galon Association and Saya Sa because 'the symbol adopted by the Htandaw Rebels was that of the galon, in the sam form as the marks found in Tharrawaddy'.30 Yet, when the prosecution came upon conflicting evidence that contradicted their galon paradigm (if one accepts that inter preting the meaning of a tattoo is reliable evidence in the first place), they rationalise their evidence to fit the theory. In one instance, the Special Tribunal found it a curious thing however that we have not found a single 'galon' tattoo mark on any one of the accused ... It seems, therefore, to us quite likely that the 'galon' mark had been now definitely abandoned. The actual tattoo marks of which we have been supplied with the list are of a varied and puzzling character. The evidence with regard to their signification is conflicting. It is difficult to find an outstanding common factor among them; but it may be noticed that the 'necklace design' is found on a very large number of the people accused. We are of the opinion that this necklace design was part of a symbol adopted by the rebels indicating sympathy with the enrolment in the rebels' forces.31 Not only was the Tribunal intentionally looking for coherency through tattooing, bu it adjusted the argument (on behalf of the prosecution) and chose an arbitrary tattoo (the necklace) to fit the latter's preconceived theory that the rebellion was connected. Although this adaptation of the necklace design actually dislodged Po Yon's earlier testi mony linking the galon tattoo to the village associations, out of this methodological dilemma sprang the idea that it was the very act of tattooing - not the use of a specifi design - that would become 'a well known concomitant of rebellion in Burma'.32 Naturally, when witnesses were brought forth to testify about meetings involving these village units, the legal assumption was that they were involved in preparation fo the rebellion. For example, witness Po Aung deposed that both he and Saya San had been members of U Soe Thein's branch of the GCBA and that in December 1930 he ha received a letter from Saya San instructing him to meet at the latter's house in the village of Shwenakwin, whereupon Saya San told those at the meeting that 'people are no getting into trouble with the capitation tax. We must collect men and loot guns and ris in rebellion.'33 Po Aung's testimony was corroborated by another witness, Ba Aye, wh allegedly had heard the same speech. In all, two witnesses testified that Saya San had ordered membership cards for the accused rebellion organisation and two witnesses that he had openly discussed rebelling against the British. From what can be gleaned from the judicial summaries, the defence seems to have conceded that the meeting took place but denied that rebellion was the subject o 30 OCBR, p. 3 and L/PJ/6/2022, Frame 498, Memorandum, G/I to G/B, 25 May 1932. New Delhi officials commented in one case that 'the evidence on which they were convicted was mainly in regard to tattooing', revealing the extent to which the activity had been criminalised. 31 Judgment Order, L/PJ/6/2022, Frames 665-83, emphasis added. 32 OCBR, p. 3. 33 Judgment Order, Frame 653. This content downloaded from 137.132.123.69 on Sun, 09 Oct 2022 14:04:48 UTC All use subject to https://about.jstor.org/terms 406 MAITRII AUNG-THWIN discussion or planning. The tribunal had to decide whose testimony was more credible, Saya San's or that of the prosecution's witnesses. Curiously, the judges chose to believe the approvers (prosecution witnesses) based on their own character assessment. In their ruling on Ba Aye's testimony, the tribunal concluded that he was a 'very resolute person' who was, in the view of the Court, 'in the innermost counsels of the persons who fomented the rebellion'. He had also given evidence in earlier rebellion cases that had been accepted by the Court. In reference to Po Aung, they observed that he must have been 'a friend of Saya San' and at the same time, 'afraid of Saya San and the organisation'.34 The Tribunal's criterion for accepting the testimony of the prosecution witnesses exemplifies the type of reasoning that went into the creation of the legal record. Ba Aye's testimony was accepted on the grounds that the Tribunal determined 'in their view' that he was in the 'innermost counsels of the rebellion', a conclusion that had not been estab lished by the prosecution and was not evident in the witness's statement. More curiously, Ba Aye had evidently appeared before the Court before as a prosecution witness against other defendants, as he had agreed to the terms of amnesty offered by the government. His frequent appearances as a prosecution witness and the acceptance of his testimonies in past cases seemed sufficient to establish his credibility. Similarly, Po Aung's testimony was accepted on the unsubstantiated inference (on the part of the Tribunal) that he was Saya San's 'friend' who was thoroughly 'frightened' of the alleged leader. In both instances, the witness testimony was accepted on decisions reached by the Tribunal that were independent of any specific argument presented by the prosecution. Thus, the argument that Saya San planned and organised the rebellion through the formation of the Galon Village Organisations as early as 1928 is based in part on two witnesses whose credibility was established not by the prosecution, but by the judges of the Special Tribunal. Whether or not Po Aung and Ba Aye were credible witnesses or actually present in the first place are actually minor points. More crucial to the ethnology of the rebellion narrative is recognising the way in which this element of the Saya San story became entrenched within the historical record through the legal processes of the Special Rebellion Tribunals. The Tribunal's special procedural flexibility, evident in the deliberation of the prosecution's opening arguments, became fully obvious as the case turned to recon structing the events associated with the outbreak of the rebellion in 1930. Whereas the early direction of the trial had dealt with pre-1930 planning, the main thrust of the case dwelt on establishing the 'traditional' character of Saya San and demonstrating his aspirations to rebuild and claim the defunct Burmese monarchy. The prosecution hoped to show that between the months of October and December 1930, Saya San had begun holding coronation ceremonies in order to consecrate his identity as the new king of Burma and to recruit and inspire peasant soldiers. The entire character of the prosecution's case, and indeed the history that stemmed from it, hinged upon the arguments and evidence that were presented to demonstrate Saya San's kingship. Interestingly enough, the whole case rested on the testimony of a single witness and the admissibility of one curious document. Maung Chone, a prosecution witness, claimed to have been a part of Saya San's retinue which convened on 28 October 1930 at the pagoda in Taungnyogale village. He 34 Ibid., Frame 654. This content downloaded from 137.132.123.69 on Sun, 09 Oct 2022 14:04:48 UTC All use subject to https://about.jstor.org/terms GENEALOGY OF A REBELLION NARRATIVE 407 recounted that the group followed Saya San to a site where he saw two members each pick up a white flag with the picture of a garuda and a naga, while a third member read something and declared, 'may there be victory'. Although there was only one witness in the record to testify to this alleged event, the Tribunal and the Appellate Court deemed the event to be 'somewhat in the nature of a coronation', despite the fact that nothing in the testimony itself suggests that the event even remotely resembled a traditional coronation ceremony.35 Moreover, both judicial summaries and the appellate documents indicate that it was the Tribunal and not the prosecution that reached this conclusion. Although the issue at that point in the trial was whether or not the event took place, the Court's interpretation is important because it illustrates the Tribunal's assumptions about the nature of the ceremony and the role Saya San was to play within it. These assumptions were all derived from a single witness, whose ambiguous testimony was deemed admissible on the Tribunal's determination that 'this man is an extremely stupid man and too foolish to be able to have made up the story which he tells'.36 The prosecution attempted to support Maung Chone's testimony with what they claimed was Saya San's diary, the final piece in the puzzle that would tie their case together. The records do not indicate whether or not the document was even a diary in the first place (keeping diaries is not a common practice in Burmese culture), and Saya San is reported to have denied that the 'diary' was his. The prosecution introduced an expert witness to establish the author of the diary by calling in a Mr Ghosal, principal of the Insein Detective School, who was asked to compare the writing of the diary with a written statement known to be Saya San's. In his comparison, Ghosal testified that the diary was surely Saya San's, for 'whenever the writer of this diary makes a letter contain ing a circle he draws it in a peculiar manner, and he [Ghosal] finds the same characteristic in the letters of the appellant'. Neither the defence - nor historians for that matter - ever questioned Ghosal's expertise, even though his credentials as a handwriting expert rested only on his personal assurances and he could neither read nor speak a word of Burmese, which has its own techniques and procedures for writing characters. Ghosal's linguistic deficiencies were downplayed by the prosecution, which stated that an expert could identify characteristics of a written language even though 'the expert is ignorant of that language'. The Tribunal agreed that his testimony on the handwriting was admissible 'provided the expert understands sufficient [sic] of the script to know what the writer of any document was trying to reproduce on paper'.37 Yet this argument introduced by the Tribunal (which was supposed to be hearing positions, not introducing them) assumed a priori that the alleged writer could be identified despite Ghosal's doubtful expertise. Nevertheless, his opinion was accepted and his testimony that the diary was Saya San's was admitted into the record. Perhaps to allay any concerns about Mr Ghosal's inability to read Burmese, the diary was also examined by members of the Tribunal who were 'acquainted' with the language. 35 Ibid., Frames 670-1. Maurice Collis's description of the coronation ceremony in his Trials in Burma should not be considered seriously as a primary source for this particular event (as some scholars have done) since the author was not a witness to these events and may have based his description on official reports released before his departure from Burma in the spring of 1931. Collis even reveals that he examined a 'court judgment' as a basis for his description (p. 217). 36 Judgment Order, Frame 671. 37 Quotations from ibid., Frame 681. Consider, for those familiar with written Burmese, the proper method for writing 'walone (a circle consonant representing the sound 'wa'). This content downloaded from 137.132.123.69 on Sun, 09 Oct 2022 14:04:48 UTC All use subject to https://about.jstor.org/terms 408 MAITRII AUNG-THWIN They agreed that the general appearance in handwriting was the same. Maung Ba, the presiding appellate judge, later concurred with his colleagues and commented in his review that he 'compared the writing in the diary with the writings in those exhibits' and also found a 'striking similarity between those writings'. Consequently, on the partial basis of Ghosal's, the Tribunal's and one Appellate Judge's self-declared expertise in handwriting, the diary was deemed to be Saya San's and entered into the record as such. The other factor contributing to its admissibility and declaration of 'authenticity' was that it was deemed 'an exact confirmation of certain evidence relating to certain ceremo nies spoke [n] of by the prosecution', a characteristic pointing to 'the inherent possibility of its truthfulness'.38 This statement regarding the authenticity of the diary was slippery at best, for its argument revealed a peculiar circularity. The Tribunal opined that since the internal details (within a not-yet-authenticated diary) made reference to events whose own verifi cation depended on those alleged details, the document in question should be considered genuine. In short, the admissibility of the diary into the evidentiary record was accepted as authentic on the grounds that it contained information that seemed to corroborate the prosecution's story, regardless of its questionable origins. Incredibly, upon this ruling rests the weight of the prosecution's case and the entire narrative of the Saya San Rebellion. The original diary has yet to be located.39 The trial of Saya San is an intriguing focus of study because it reveals how a precon ceived narrative was fashioned and modified within the procedural and methodological boundaries of the Special Tribunal system to fit the circumstances of the 1930 uprising. Exploring how this narrative was validated within a particular legal setting exposes how evidence was presented and qualified to support the history of the rebellion. In addition, examining the prosecution's case discloses how a particular view of Burmese history (constant rebellions, periodic appearances of pretenders to the throne) and the minlaung idea played a singular role in the legal construction of Saya San's criminality. He was considered part of a longer, chaotic narrative of Burmese history that was attempting to 'replay' itself in the face of modernisation.40 The implication of the government's 38 L/PJ/2022, Judgment Summary. For the Tribunal's examination, see Judgment Order; Maung Ba's comments are in Frame 659, 29 Sept. 1931. Patricia Herbert, who accepts the diary as being authentic, examined a copy published in Bandoola Journal and noted that the use of third person (with a royal honorific) may indicate that Saya San was 'ambivalent' or even 'embarrassed' about using the normative traditional royal style (Hsaya San rebellion, p. 7). Her point is that his alleged royal characterisation may have been overemphasised. 39 Scholars, including the author, have only had access to Burmese-language reproductions of the diary (appearing in journals and newspapers) or translated versions found in British documents. Extracts of the diary were released by the colonial police and Criminal Investigation Department to local newspapers. 40 I borrow from Ileto, who suggests that the Filipino rebellion of 1896 was constructed by American educators as a history of the 'already happened' or as an echo of European history in an 'Oriental setting'; Reynaldo Ileto, Knowing America's colony: A hundred years from the Philippine War (Manoa: University of Hawaii Center for Philippine Studies, 1999). Although the interpretation of the Saya San Rebellion seems to be a repetition of early Burmese revolts, it would be interesting to investigate whether other contexts such as the so-called Sepoy Mutiny or possibly the Moplah Rebellion (in southern India) might have informed British readings of the Burmese movements. Differing in emphasis, Henk Schulte Nordholt suggests that much of traditional Bali was invented by colonial administrators eager to 'find' Old Java in Southern Bali and projected many characteristics, such as imagined Hindu-Javanese legal principles, onto Balinese society, reflecting a similar production of culture through ethnology and administrative procedures; Henk Schulte Nordholt, 'The making of traditional Bali: Colonial ethnography and bureaucratic reproduction', in Pels and Salemink eds., Colonial subjects, pp. 241-81. This content downloaded from 137.132.123.69 on Sun, 09 Oct 2022 14:04:48 UTC All use subject to https://about.jstor.org/terms GENEALOGY OF A REBELLION NARRATIVE 409 position was that the Burmese - at least those taking part in the rebellion - were capable of participating in the political reforms being introduced in India, u Rangoon and other colonial cities. Yet, Burmese peasants were in fact employing the modes of political organisation that the British were claiming (through the tone character of the rebellion narrative) were not being embraced by rural population networking and utilisation of wunthanu athin clearly indicate that the political land of Burma in the 1930s was of a varied nature and more complicated than the prosec and the findings of the Special Tribunal permitted.41 The rebellion narrative wa smoothing over of these contradictions within Burmese politics, for it created a distinction between the civil administration and the Galon Village networks by lin the latter with traditional Burma, even though they were actually modelled on new for of political mobilisation. This incongruence with British norms on the part of the Burmese and their sumed inability to engage in the workings of the colonial state by using the recog language, institutions and procedures of the authorities are inherent in the argum and evidence produced in Saya San's trial. Material and testimonial evidence was u not only to establish the traditional character of the rebellion, but to illustrate the nature of Burmese political expression. To Rangoon officials, the message was clear Burmese peasantry could not articulate protest or dissatisfaction in a language other that of rebellion. In a predictable manner, the prosecution fashioned a case that sented Saya San as leading a rebellion of superstitious peasants, duped into believing he could protect them with invulnerability tattoos and spells as only a king of Burm 'quack doctor' might do. In a sense, the very understanding of political leadershi Burma was being relegated to the traditions and imagery of Burmese kingship, wit exception of those operating within the colonial administration. The narrative implied that Saya San and other rural leaders were informed an constrained by their restrictive history and culture. The criminalisation of Burm culture, as seen in the stigmatising of tattooing, exemplifies the manner in which a mon practice became part of the rebel profile. Tattooing was taken out of its cul context and bounded to a particular temporal, spatial and legal reality that was info by ideas of rebellion and revolt. Specifically, the galon, a symbol that had a long varied tradition in Southeast Asia, was soon confined by legal definitions to represen very concept of rebellion in Burma. In sum, it seems that Burmese culture was on tr much as Saya San was the focus of the proceedings, for the entire case rested on evi and arguments that implied that the seeds of rebellion, the roots of the unrest a the periodic terrorism that characterised the early 1930s could be located within traditions, values and history of the Burmese. From this vantage point, the trial of Saya San might even be seen as a 'factory the production of knowledge, in that Burmese culture was codified, materialised standardised in the archive of the court. The special procedures, allowances and fle lity afforded to the prosecution by the Tribunal point to a legal system that ena knowledge about the rebellion to be carefully accumulated, sanitised and controlled 41 According to Herbert, Wunthanu Athin represented a qualitative break from the minlaung-in uprisings in the late nineteenth and early twentieth centuries in that the imagery, tactics and message employed were not derived from pre-annexation traditions (Hsaya San rebellion). This content downloaded from 137.132.123.69 on Sun, 09 Oct 2022 14:04:48 UTC All use subject to https://about.jstor.org/terms 410 MAITRII AUNG-THWIN language of law and the methodology of litigation managed the various facets of Burmese culture that were brought under court examination, their meanings smoothed over to correspond to the accepted version of events.42 Special Rebellion Tribunal judges determined the contents of the evidential record, effectively deciding what would - and especially what would not - become the basis for subsequent reports that would eventu ally end up as 'historical' documents in the archives. The narrative about the Saya San Rebellion could not have been shaped in any other way than as it arrived, considering the theatre and script in which it was constructed. In essence, the trial was as much a perfor mance of counter-insurgency policy as it was a site for producing counter-insurgency knowledge. The very process of creating the narrative was a demonstration and representation of colonial power to a variety of audiences beyond the local population.43 Making sense out of a rebellion fraught with cultural and historical contradictions specific to Burma demonstrated the capabilities and continued relevancy of the Rangoon administration in Burma to New Delhi superiors (who openly questioned counter-insurgency policies), as well as those watching events from London. The administration's ability to translate, dictate and narrate the story of Saya San to the Home Office was as much a measure of its legitimacy within the empire as it was a statement about its legitimacy in Burma. Thus, the formation of the Saya San Rebellion narrative is both a story of counter insurgency within the colony and a story of Empire. The creation of the Special Tribunals and the laws that extended the administrative, municipal and legal powers of Rangoon authorities both relied on particular legislation that needed to be passed by the Burma Legislative Council and also to be sanctioned by London via New Delhi. London was initially reluctant to allow such expansion of authority, preferring that Rangoon use 'the ordinary courts or failing that, the Burma Govt should do what was necessary by local legislation'.44 Yet this was precisely the problem, for the Burma Legislative Council had already shown signs of resistance to the proposed Ordinances. Pressure from local lead ership, compounded by hesitation in London and New Delhi, forced Burma officials to draft an entirely different narrative of the rebellion that would secure official approval quickly. Ironically, this untold narrative - which coincided with but did not include the story of Saya San - would ultimately provide the colonial administration in Burma with the justification to pass the Rebellion Trials Ordinance and the Burma Criminal Amend ment Ordinance, both of which would have a direct effect on the creation of the Special Rebellion Tribunals and the narratives that were produced under their authority. Legislation and hidden narratives Shortly before noon on 8 January 1931, the Secretary of State for India received an urgent telegram from Burma seeking special legislation to deal with the acts of terrorism 42 Law was used in colonial Indonesia to interpret and construct culture as well. The 'adat law approach' used juridical concepts to record local customs and institutions. Schulte Nordholt, 'Making of traditional Bali' suggests that the legalist approach, which stressed formal rules and institutions, directed the focus of research as well as informed interpretations of change and continuity. Courts have been considered as archives in that their records serve 'as the materialisation of memory'; Sarat and Kearns, 'Writing history and registering memory', in Sarat and Kearns, eds., History, memory and the law, p. 13. 43 Edward W. Said, Culture and imperialism (New York: Vintage Books, 1996). 44 L/PJ/6/2021, Frames 487-8, Minute Paper, Public and Judicial Department, 12 Feb. 1931. This content downloaded from 137.132.123.69 on Sun, 09 Oct 2022 14:04:48 UTC All use subject to https://about.jstor.org/terms GENEALOGY OF A REBELLION NARRATIVE that had erupted in Tharrawaddy District. Special counter-insurgency measures were urgently needed in Burma to bolster security in response to a growing threat from Bengali terrorists who were infiltrating the country.45 These insurgents, who were origi nally in Burma to smuggle 'arms into Bengal from Singapore and the far East' were now engaging in 'terrorist activities'. Functioning under the title of the Bengal Revolutionary Party (BRP), these terrorists, who were described as 'mainly Bengali', were estimated to have nearly 300 members in Burma. Recent activities associated with their handiwork included increasingly frequent incidents of political dacoity and a failed attempt to derail a train in the autumn of 1930.46 By 2.30 p.m., reports would add that 'Burman monks were connected with the movement and involved in the importation of revolvers and ammunition from the Chinese border', apparently arranged by the infamous Rash Bihari Bose, 'the notorious absconder' who had conducted revolutionary activities in Bengal but was apparently never caught. Officials in Burma stressed that the rebellion was not locally motivated but part of a larger 'definite plan' involving the Soe Thein Branch of the General Council of Burmese Associations (one of the GCBA's more outspoken arms) and U Oktama, a Burmese activist who supposedly had ties with the BRP.47 Subsequent telegrams would elaborate on U Oktama's alleged involvement in the uprising by describing his meetings with Bose and other BRP members while accentuat ing his outspokenness as an executive member of the GCBA. An official statement by the acting Governor-General of India even observed that the government had been aware of a 'terrorist party in Burma' which was 'closely associated with terrorists in Bengal'. The same group was blamed for 'political dacoity' in the months preceding the rebellion and there were sufficient grounds for believing that it was 'privy to rebellion in Tharrawaddy District and that it was the intention of those responsible for that rebellion to organise rising in different parts of Burma with the view to overthrow Government'.48 Interest ingly, the events in Tharrawaddy District were being conceptualised as part of a Bengali tradition of insurgency, an external threat that threatened the security of Burma; Saya San was not even mentioned. On the basis of the Bengali narrative, the Burma government quickly proposed to draft an Ordinance that was modelled after the Bengal Criminal Amendment Bill, which had been enacted for similar cases of terrorism in the Indian province five years earlier. The Burmese version would give the authority to detain suspects without trial, to deny the right of habeas corpus and, most importantly, to form their own tribunals specifically 45 L/PJ/6/2021, Frame 359, Secret Telegram, G/I HD to S/SI, 8 Jan. 1931 (11:45 am). On the background of the Bengali movement, see Note on the growth of the Bengal Revolutionary Movement in Burma from 1922 to 1930, L/PJ/6/2021, Frames 319-42. 46 L/PJ/6/2021, Frame 358, Secret Telegram, G/I HD to S/SI, 8 Jan. 1931 (12.00 p.m.). It is interesting to note that the two events were being simultaneously linked to the events in Tharrawaddy that occurred in late 1930. However, when the official story began to be more closely tied to Saya San, these particular events disappear from his involvement. 47 L/PJ/6/2021, Frame 360, Secret Telegram, G/I HD to S/SI, 8 Jan. 1931 (3.15 p.m.). U Ottama (Oktama) was a monk who advocated that the monkhood be more involved in secular affairs, particularly in the livelihood of peasants; his message was eventually taken up by the GCBA. See Taylor, State in Burma, pp. 182-3. The connection with Bose is mentioned in L/PJ/6/2021, Frame 358, Secret Telegram, G/I, HD to S/SI, 8 Jan. 1931 (2.30 p.m.). 48 L/PJ/6/2021, Frames 300-1, Telegram, G/I HD to S/SI, 2 Feb. 1931. On U Oktama and Bose see, for example, Frames 350-1, Secret Telegram, G/I HD to S/SI, 11 Jan. 1931 (1 p.m.). This content downloaded from 137.132.123.69 on Sun, 09 Oct 2022 14:04:48 UTC All use subject to https://about.jstor.org/terms 411 412 MAITRII AUNG-THWIN to handle cases dealing with terrorism. As one Burma official commented, such courts would be able to 'stop the activity of leaders of whose guilt they are convinced but of which they cannot produce sufficient evidence to secure conviction in the courts'. It was promised that the powers conferred by the proposed bill would target only those '[of] whom there is reason to believe that they are members of a terrorist party in Burma or are acting in furtherance of terrorist movement'.49 Bengali terrorism, according to official reasoning, was detectable on the basis of both geography and ethnology, an approach that would eventually find its way into documents concerning Saya San. As one-time acting Governor of Burma Joseph Maung Gyi stated to the Burma Legislative Council on the need for the Criminal Law Amendment Ordinance: The Hindus believe, Sir, that the Brahmins proceed from the mouth of Brahma and there fore they are the most intellectual people because they are the teachers of the people. They are known as Brahmins, but the Kshatriyas and the fighting classes proceed from the arms and chest of Brahma. Now if you take the map of India, you will see that Bengal is the head of India, that the North-West Province of Punjab, where the fighting races come from, are the arms and chest of India. The Bengalis are efficient people and very highly intellectual. They are a mild mannered people and well disposed as a rule, but out of all the different districts in Bengal, there is one that lies right to the east nearest to the hills where the wild tribes go in for head hunting and that is Chittagong, and it is in the district of Chittagong that the Bengal Revolutionary Association had its birth and the majority of the members of the Association come from Chittagong. Beyond Maung Gyi's projection of the 'body' into the continent of India, it is interesting how Chittagong and the 'Kshatriyas' are criminalised, similar to the way Tharrawaddy was being constructed as a haven for robbers, dacoits and pretender kings.50 Geography, in other words, was being used as a determinant for terrorism. The council members, however, were not convinced, and returned to the issue of the Ordinance, particularly in respect to the language of the proposal. For example, Section 6, Paragraph 2 stated that If at any trial under this Act it is found that the accused person has committed any offence, whether such offence is or is not an offence specified in the First Schedule, the commission ers may convict such person of such offence and pass any sentence authorised by law for the punishment thereof.51 This provision essentially allowed the authorities to arrest suspects regardless of whether the offence was explicitly cited in the Ordinance. Furthermore, detainees could 49 L/PJ/6/2021, Frames 275-8, Telegram, G/I HD to S/SI, 2 Feb. 1931 ('reason to believe'); Frames 343-4, W. Johnston (Legal Advisor, Docket, Public and Judicial Department), 11 Jan. 1931 ('stop the activity'). A brief summary of the history of the Bengal Criminal Law Amendment Ordinance can be found in Extracts from the Bengal Legislative Council and copy of the Ordinance, located in Frames 373-84. 50 The quotation is from L/PJ/6/2021, Frame 122, Extract from Burma Legislative Proceedings, 1931.We find a case of rebellion being connected to geography for the Shandong region of China; see Joseph W. Esherick, The origins of the Boxer Rebellion (Berkeley: University of California Press, 1987), p. 39. 51 L/PJ/6/2021, Frames 259-71, Extract from the Proceedings of Council Relating to the Criminal Law Amendment Bill, 1931, meeting held on 14 Feb. 1931. This content downloaded from 137.132.123.69 on Sun, 09 Oct 2022 14:04:48 UTC All use subject to https://about.jstor.org/terms GENEALOGY OF A REBELLION NARRATIVE 413 conceivably be tried under the Rebellion Tribunal, whether or not the case came under its jurisdiction. Others were sceptical of the entire Bengali connection, noticing that sev different conflicting narratives had been offered to explain the rebellion and the n for this anti-terrorism legislation. U Ni complained that 'the government is pursuin chimera when, among its objects and reasons, it tries to draw a connection between Tharrawaddy rebellion, the U Soe Thein GCBA and the Bengal Revolutionaries'.52 U N astute observation anticipates an argument of this article, namely that the authorit were simply trying to cover all possible explanations by creating counter-insurgen narratives that would guarantee them the expansion of their administrative powers. New Delhi officials seemed concerned as well, suggesting that Rangoon separate t extension of policing powers from their requests to modify the judicial structure and seek two separate Ordinances, rather than a single law, in anticipation of the possibility t London might be drawn to squash the entire proposal.53 London had already vo some reluctance to unilaterally implement the Bengal Criminal Amendment Act, f fear that the use of expansive powers to arrest suspected rebels would only provid forum in which a large number of'revolutionaries' might communicate with each oth In fact, officials quietly admitted that the entire Bengali narrative 'was a little out of dat However, the Ordinance was passed and even renewed into a formal Act, even thou the Burma Legislative Council had voted it down 46-39.54 Governor Charles In utilised his powers of certification to bypass the Council and pass the counter-insurge legislation anyway, including the Burma Rebellion Trials Ordinance. Despite the assurances from Burma that anti-terrorism judicial powers would b applied sparingly, officials in London soon learned that Rangoon authorities had alre sentenced fifteen detainees to death or transportation and were continuing to reque authority to 'dispose' of the 'not less than three-hundred' accused rebels.55 Citing rec mendations from their Chief Justice, Burma officials suggested that the special tribu be modelled along the lines of a standard Military Law Tribunal and included in th dispatch an extract explaining the structure, procedures and extent of authority tha tribunal of this nature might enjoy. Although the provisions of such a court were o supposed to be implemented if martial law were declared, Rangoon officials hoped maintain its civilian appearance (and their own authority) by introducing their propos within the legislative chambers.56 52 L/PJ/6/2021, Frame 128, Extract, Burma Legislative Council Proceedings, 1931. 53 Ibid. 54 L/PJ/6/2021, Frames 501-2, Secret Telegram, G/I HD to S/SI repeating telegram from G/B, 27 Jan. 1931 (5.15 p.m.) ('revolutionaries'); Frame 314, Confidential Minute Paper, Public and Judicial Department, 5 Jan. 1931 ('out of date'). This comment by W. Johnston (a legal advisor) refers specifically to the report compiled by C. De Wellborne (Lt.-Colonel and Deputy-Inspector General of Police), entitled 'Note on the growth of the Bengal Revolutionary Movement in Burma from 1922 to 1930'. The vote is mentioned in Frame 148, Extract Burma Legislative Council Proceedings, 1931. 55 L/PJ/6/2021, Frames 491-2, Secret Telegram, G/I HD to S/SI, repeating telegram from G/B, 12 Feb. 1931. 56 L/PJ/6/2021, Frames 493-6, Extract from draft of Martial Law Ordinance, 12 Feb. 1931. Civil adminis trators were resistant to the idea of declaring Martial Law, to the consternation of senior military officials recently arrived from India. A discussion of tensions between the two groups in regard to the formation of counter-insurgency policy can be found in the memoir of a civil servant stationed in Thayetmyo: White, Burma of (Af. These civil-military tensions were downplayed by London, as seen in a letter describing Whitehall's desire for 'Stewart' to offer a 'categorical denial' of any bickering between the two groups of officials in Burma; L/PJ/6/2021, Frame 117, Letter to Sir Findlater Stewart, 19 Dec. 1931. This content downloaded from 137.132.123.69 on Sun, 09 Oct 2022 14:04:48 UTC All use subject to https://about.jstor.org/terms 414 MAITRII AUNG-THWIN The dialogue between New Delhi and Rangoon concerning the framework for these courts illustrates a concern on the part of both offices that London would perceive the rebellion as getting out of hand. (The term 'London' is used loosely to mean both the colonial offices and Parliament, whose members voiced differing perceptions of the rebellion and used the rebellion for their own domestic political agendas, a subject that is beyond the boundaries of this article.) Not only would the declaration of martial law create a perception of civil disorder - a move that would weaken the image of the India administration -instituting military courts would also leave the impression that the civil ian government in Burma was incapable of running the province effectively, especially in a moment of crisis. The proposed Ordinance gave government the authority to form a Special Rebellion Tribunal and appoint members at its discretion, provided that the appointees had at least two years' experience in the Sessions circuit. Additionally, Rangoon could direct the Special Tribunal to try offences as ordered in writing, giving officials the ability to tell it what crime a defendant had committed and what law he was accused of breaking, all this before the trial even took place. In fact, if a defendant's case was assigned to this Tribunal, then his identity as a rebel was already assumed, simply through what amounted to arbitrary administrative convenience. Section 14 of the Ordinance permit ted the court to 'take cognisance of offences without the accused being committed to it for trial', effectively skipping any preliminary hearing to decide whether a case had any legal or evidential basis for going to trial in the first place. Moreover, Dr Ba Maw, lead counsel on the defence team, argued that the arrangements 'deprived the defence of an opportunity to put the evidence to any effective test by cross-examination' since it was unable to examine evidence before the trial. In response, the prosecution claimed that in actuality, The evidence in this case was very much less than might have been put in but in view of the fact that the accused was arrested at the very end of the period for which the Special Tribunal had been constituted... and in order to get him in with the same series of Tribunals, [the] trial of the accused had to be rushed.57 Beyond the peculiarity of the prosecution's response, which avoided addressing the defence complaints, this statement revealed that the terms and temporal reality of the special legislation were determining the speed and circumstances under which the case against Saya San was being constructed - not the amount, quality or credibility of the evidence. The prosecution's case was brought to trial in order to proceed under the special provisions that guided the Tribunal. If nothing else, such a statement should have attracted the attention of historians, for the trial had been 'rushed'. The two provisions permitting the Special Tribunal judges to make only a memo randum of the 'substance of the evidence' and for determining 'the procedures of Special Tribunals', would have far greater implications for the trial of Saya San, the formation of the narrative and the direction that the history of the rebellion would take.58 Eliminating the requirement to compile a complete transcript and thorough recording of the 57 L/PJ/6/2021, Frame 652, Judgment Proceedings, Appeal No. 1121 of Special Case No. 5, 28 Aug. 1931, p. 4; emphasis added. 58 L/PJ/6/2021, Frame 495, Extract from Martial Law Ordinance, 12 Feb. 1931; emphasis added. This content downloaded from 137.132.123.69 on Sun, 09 Oct 2022 14:04:48 UTC All use subject to https://about.jstor.org/terms GENEALOGY OF A REBELLION NARRATIVE 415 evidence in the judgment summaries effectively determined the shape the historical record would assume. The court documents that serve as the foundation for subsequent reports (like the OCBR) only contained the prosecution's arguments and evidence because that was precisely what the Rebellion Trials Ordinance directed the Tribunal to do. Since the judges were legally under the jurisdiction of the government whose interests were represented by the prosecution, it is no wonder that all the court sources appear to judge only the prosecution's evidence as being legally 'pertinent' to the record. The reliance on these very same sources by administrators illustrates how legislative, legal and documentation offices were all involved in the production of what would become a 'primary' historical source. Thus, the character of the legislation that formed and guided the procedures of the Tribunal was the basis for the peculiar way in which questionable evidence from the trial of Saya San was allowed into the legal record and documented in a particular manner. Counter-insurgency legislation begat a counter-insurgency narrative. Under this new legislation, it was much easier to pass further counter-insurgency laws with extended powers of arrest, which developed and objectified the profile of a Burmese rebel and the criminalising of Burmese culture. Working to pass what would become the Emergency Powers Ordinance, Burma administrators discussed making provisions to make tattooing and the distribution of 'charms' illegal and applicable as evidence in support of'offences under Section 121 and related sections of the Indian Penal Code'. Officials sought sanction to 'legally' arrest any person [regarding] whom a reasonable suspicion exists that he has promoted or assisted to promote or intends to promote rebellion against the Authority of Government, or that he assisted or intends to assist any rebel, or otherwise acted or intends to act in a manner prejudicial to the restoration or maintenance of law and order.59 The origins of using tattooing as evidence and a sign of rebellion thus lie in the Emergency Powers Ordinance, setting a legislative and legal precedence for its use by the prosecution in the trial of Saya San. Thirteen provisions were specifically created to 'deal with wandering Pongyis [monks] and other emissaries who are chiefly instrumental in spreading rebellion'. Although London officials expressed concern that this and other measures requested were of'doubtful legality', court records demonstrate that the basis for determining the 'intention to rebel' rested primarily on tattoos.60 The Emergency Powers Ordinance came to embody the intent of rebellion trials and criminal law ordi nances combined. Although the latter two were secured through a narrative depicting the Bengali Revolutionary Association's supposed involvement in the uprising, the full weight and power of the legislation were directed against Burmese suspected as rebels who were most likely operating independently of other nationalist movements in neighbouring countries. The exclusion of the Bengali connection in practically every study of the rebellion suggests that there remain several other contexts in which the making of this history may be understood. 59 L/PJ/6/2021, Frame 547, Burma Emergency Ordinance Draft, Section 3,1 June 1931. The comment on charms and the Penal Code is in Frame 541, Secret Telegram, G/I, Home Secretary to S/SI, 9 June 1931. 60 L/PJ/6/2022, Frame 498, Memorandum G/I to G/B, 25 May 1932. On the 'Pongyis and other emissar ies', see Frames 573-4, Secret Telegram, G/I HD to S/SI, repeating telegram from G/B, 16 May 1931. This content downloaded from 137.132.123.69 on Sun, 09 Oct 2022 14:04:48 UTC All use subject to https://about.jstor.org/terms 416 MAITRII AUNG-THWIN The BRA explanation, upon a comparison of documents sent to London, emerged almost simultaneously with the minlaung version (involving Saya San), roughly two weeks after the outbreak took place in late December 1930. Although the official Blue Book contends that officials had known all along 'since 1928' that activities were being planned by this Bengali network, the competing narrative involving Saya San suggests that they may have constructed it to cover all possibilities (indicating that they did not know what was going on) or else that they knew exactly whom they were dealing with and used the BRA to secure special powers to be wielded against the alleged internal threat posed by Saya San and others like U Ottama. Regardless of the intentions, the role and story behind the Ordinances are directly linked to the formation of the trial site in which the Saya San narrative was created. Conclusions The emergence of other contexts and sequences related to the making of the Saya San narrative suggests that there may be more to study and to question, and eventually more avenues to interpret the large anti-colonial rebellions in the history of South and Southeast Asia. Approaching the history of the Saya San rebellion as a type of literary expression of colonial Burma emphasises an examination of the narrative's anatomy which places considerable emphasis on the sources, ideas, institutions and contexts involved in the making ofthat particular history.61 Positioning oneself in such a manner allows the historian to observe and take part in the assessment of the narrative from a perspective that avoids having to operate within the dichotomous framing that has pervaded many interpretations of anti-colonial rebellions. Instead of getting caught in the web of discourse that is often associated with interpreting such an event through a myriad of binary oppositions, a study focused on the production of the narrative takes us to different points of interest and accentuates relationships between ideas and institutions that might otherwise have been left unexamined. For instance, this study has proposed that the history of the rebellion was largely a product of a colonial administration that combined the disciplines of ethnology, law and geography to form a particular narrative confining Saya San and Burma to a specific time and place. Tracing the genealogy of the sources has illustrated the role that the legislative, legal and documentation offices of Burma, India and London played in the formation of the narrative as well as the way in which their competing visions and tensions may have contributed to its final shape. In addition, the making of the Saya San Rebellion also reveals a convergence of the administrator, lawyer and scholar in the production of knowledge that no doubt finds reference in other colonial environments as well. For instance, memoirs of many officials have become the primary sources of several scholarly works while many of their perceptions (and misconceptions) have been codified and objectified by reports that were also used by subsequent scholars with little scrutiny.62 61 I adopt Johannes Fabian's approach of historicising the historical record by locating the 'praxis and processes' which produced the documents most closely tied to the official narrative: Johannes Fabian, Lan guage and colonial power: The appropriation of Swahili in the former Belgian Congo, 1880-1938 (Cambridge: Cambridge University Press, 1986), p. 11. 62 Ranjit Guha, 'The prose of counter-insurgency', in Postcolonial discourses: An anthology, ed. Gregory Castle (Oxford: Blackwell, 2001), p. 71; Dirks, 'Crimes of colonialism', pp. 157-8. This content downloaded from 137.132.123.69 on Sun, 09 Oct 2022 14:04:48 UTC All use subject to https://about.jstor.org/terms GENEALOGY OF A REBELLION NARRATIVE 417 Specifically, the memoirs of C. V. Warren and Maurice Collis have been used as primary sources for the rebellion narrative as a whole, when much of their writing about the uprising was based only on second-hand knowledge.63 Collis (who served in Burma as a judge) writes of Saya San's supposed coronation ceremony as if he had witnessed the spectacle and scholars compound this misconception by citing him. Clearly, the role of the administrator-scholar in relation to the production of knowledge - and specifically to knowledge about anti-colonial rebellions - may be a subject worth exploring further. Naturally, if we are to make administrator-scholars a potential focus of further investigation, then the archive must also be considered under the rubric of anti-colonial rebellion studies. For the construction of the Saya San and Bengali narratives had as much to with the archive as it did with the task of securing counter-insurgency legisla tion. The collection of'official' documents is itself an objectification of sources, one stage in the production of what would become the evidentiary record of the rebellion. As the study of the prosecution's case suggests, the making of a primary 'historical' source was guided by what the Tribunal felt was admissible 'legal' evidence. Further studies involving the trial as a site for the production of knowledge may investigate how a scholar differentiates 'legal' from 'historical' evidence, the role of law in the codification of knowledge, and the ways one might study the reconstruction of a narrative from 'within' the context of the trial as well as from 'outside' it. For the history of the Saya San Rebel lion, law and ethnology were the criteria for what would become a historical source while the trial provided a unique setting in which a primary source could be created. The India Office Library and the National Archives of Myanmar function in a simi lar manner in that both establish the 'primacy' of the documents related to the rebellion (by including and excluding particular sources) and in a crucial way do the same for the Saya San narrative itself. In the India Office Records, the Burma Rebellion Files are sepa rated into four different reels, each containing a different corpus of materials, numbering about 700 documents per reel. If a historian wanted to examine the documents closest to the accepted version of events, the trail of documents would lead to those collected in the microfilm reel under the heading L/PJ/6/2020. The files are arranged in reverse order, beginning with the documents related to the Parliament's commissioning of the official report (1933-34), back in time to the first telegram from Burma describing the outbreak in 1930. A scholar interested in interpreting the narrative (having accepted it as histori cally accurate) would have little reason to check the other three reels, which contain the documents related to the Special Rebellion Trials, the formation of the Ordinances and, of course, the 'other' narratives. Thus, the very organisation of the documents (at least in microfilm format) may have contributed to the way in which studies of the Saya San Rebellion were oriented towards interpreting the narrative rather than a questioning of it.64 63 Warren, Burmese interlude and Collis, Trials in Burma. 64 These very microfilms frame my own methodology as my project traces back the genealogy of the narrative in much the same way that the documents were presented. However, the interest in the narrative's heritage and its trial origins compelled me to 'jump' to the other reels, which eventually revealed the connection between the Tribunals and the Ordinances. For a guide to these materials, see Andrew Griffin, A brief guide to sources for the study of Burma in the India Office Records (London: India Office Library and Records, 1979). This content downloaded from 137.132.123.69 on Sun, 09 Oct 2022 14:04:48 UTC All use subject to https://about.jstor.org/terms 418 MAITRII AUNG-THWIN This is not to suggest that there is no room for interpretation by tracing the gen ealogy of the Saya San narrative. Rather, it leads us to speculate on the making of the narrative and the possible reasons it took the form that it did. Why did Burma officials choose to paint Saya San and the Galon village associations as a re-emergence of older forms when they were both as much an outgrowth of British education and political mobilisation techniques as they were of traditional Burma? One possibility, which can only be mentioned briefly here, may have to do with the question of separating Burma (administratively) from India. London officials had already made moves towards the liberalisation of government in India and similar ques tions began to be raised in Burma in the late 1920s, resulting in a visit by the India Statu tory Commission led by John Simon (and hence called the Simon Commission). Official Rangoon policy supported separation while many opposition parties within the GCBA preferred to remain attached to India for fear that Burma would otherwise be deprived of the political concessions being promised to India.65 Separation would loosen the administrative, political and economic ties Burma had as a province of India, essentially creating a separate colonial government and, perhaps, the autonomy from India that Rangoon officials always craved. This preference for separation by the British was regarded by some Burmese politicians as an attempt to disrupt cooperation between Indian and Burmese nationalists. Indeed, British officials argued that both the 'electorate and the council [in Burma] lacked the requisite experience' to take part in the measures being drafted for India.66 In this light, producing a story of rebellion that argued that the Burmese were incapable of articulating protest in a vocabulary other than superstitious rebellion may have been a reflection of those concerns and the political context sur rounding the separation issue. Framing the nature of Burmese political expression in easily categorised traditional terms may be regarded as an appeal (on the part of British administrators in Burma) to demonstrate significant differences with the Indian situa tion which ultimately supported the position to separate. In hindsight, the narrative of the Saya San Rebellion may actually be a chapter of two different but related tales - a story of revolt within Burma and a story of'rebellion' between colonial administrations. This study began with the premise that it may be a bit hasty to dismiss the relevance of South and Southeast Asia's large rebellions as a subject of study in favour of'everyday' forms of protest. Treating rebellion narratives as particular expressions of colonial society may be as helpful to understanding colonial culture as these texts were to under standing indigenous Southeast Asian mentalities of protest. Upon further reflection, there may even be possibilities in combining the methodology and approaches found in the study of 'everyday' resistance with the study of these larger, more confrontational expressions of protest. For instance, during the period of the Rebellion, did members of the Burma Legislative Council employ 'everyday' forms of resistance that relied on an alternative language based on British legislation, law and parliamentary protocol techniques that originated within the cultural context of the coloniser, as opposed to those associated with the rural cultures of the peasant? Judging from proceedings related 65 In fact, Saya San's court statement reveals that one of the goals of the Galon Wunthanu Athin was to oppose the separation of India and Burma. The other two were to resist the use of excess force in the collection of taxes and to renew free use of forestry products; Judgment Order, Frames 665-83. 66 Cady, History of modern Burma, pp. 284-6. This content downloaded from 137.132.123.69 on Sun, 09 Oct 2022 14:04:48 UTC All use subject to https://about.jstor.org/terms GENEALOGY OF A REBELLION NARRATIVE 419 to the passage of the Ordinances, many Burmese members of the BLC were very mu opposed to the counter-insurgency legislation of 1931 and some, like U Saw, used the legal training and the media (before they were censored) to voice their discontent and solicit the support of MPs in London.67 The use of these other 'everyday' techniques by Western-educated urban elites perhaps a more obvious form of protest than what their rural countrymen might em - may provide a point of intersection where the methods of James Scott and Mich Adas could be applied to the study of the Rebellion in an urban as well as a rural conte A starting point for Burmese studies may well be where Patricia Herbert urged our at tion nearly twenty years ago in terms of studying the Wunthanu Athin, which seem much a part of the urban setting as they were a growing influence in the political cul of the Burmese countryside. The shape of 'everydayness' might have multiple form and multiple sources of inspiration, applicable to a variety of contexts and segments colonial society. Finally, it is within this idea of multiple contexts that an additional approach studying colonial culture may lie. If we accept that historical narratives are particul modes of expression (to borrow from Edward Said) or represent a particular genre literature (following Johannes Fabian) such an approach might lead us to associate th histories with particular institutions, places or individuals -just as the Saya San narra leads us to the halls of the Burma Legislative Council and the chambers of the Spe Tribunal - rather than with a particular academic label. Treating the narrative descendant of particular legislation, courts and ideas encourages us to study how th history 'began as a history' and urges us to recognise the particular setting in which it wa formed (in this case predominantly legal), as opposed to merely working within th narrative itself and succumbing to the dichotomous constraints that usually accompa such a method.68 From this perspective, the story of Saya San is one of many colon narratives and certainly only one of many imaginings of rebellion in Burma. It seems that such an approach might lead us to compare how the idea of rebellion was expressed both pre-colonial and colonial settings, making its historical construction a lens thro which the colonial encounter might itself be examined.69 If we instead interpret the rebel lion narrative and other such histories to be a type of writing among many other forms, it might broaden the perspective through which we study colonial culture, allowin additional examples of histories that were once deemed exclusively 'colonial', 'nation ist' or 'anti-colonial' to be examined side by side for both content and the localities which they were born. 67 See for example, U Saw's pamphlet entitled The Burmese situation. A letter to W. Wedgwood Ben July 1931, L/PJ/6/2020, Frames 304-24. On the cover was a provocative picture of decapitated head rebels that had been placed on public display. Before the Burma government was able to close dow Saw's press, several copies were circulated in New Delhi and London, which caused public outcry and investigation of Rangoon's counter-insurgency policy. 68 These thoughts are based on Said's provocative comments in Culture and imperialism, pp. 303-26. 69 I am inspired by Nicholas B. Dirk's approach to a social history of modern India through an expl tion of the colonial role in the historical construction of caste; see his Castes of mind: Colonialism and making of modern India (Princeton: Princeton University Press, 2001). This content downloaded from 137.132.123.69 on Sun, 09 Oct 2022 14:04:48 UTC All use subject to https://about.jstor.org/terms