extending to general objects, which would include laws affecting the Native inhabitants, in the points which in another paper I have suggested that they stand in need of, as well as in others which may occur. Such laws to be published in this country, so as to enable the inhabitants to appeal, and confirmed by the King in Council before they are put in force.' Sir Edward then proceeds to propose remedies for various inconveniences arising from a want of power in the Supreme Court to in'flict certain punishments of hard labour in prison, or on public works ; from a want of power in the police magistrates to punish petty thefts; from the shelter given at Serampore and Chandernagore to fraud and felony; from the inadequate number of persons legally qualified to serve on juries; and from the injuries sustained by various classes of persons from not being accounted British subjects, nor subjects of his Majesty, though they are indisputably subjects of the British King and Crown, and of no other. Much of this discussion is of considerable value, but my limits will only permit me to give short extracts by way of specimen. The Hindoos have insensibly adopted some of our laws, without any authority, except the sanction of the Supreme Court giving effect to their acts. For instance, they now very generally dispose of their property by will; but the Supreme Court being restrained to give probates of wills, or grant administration of the effects of British subjects only, (in the confined sense before noticed,) and the Hindoos having no place of deposit for the safe custody of their wills, there are numberless temptations to forgery, and ample time for their fabrication according to circumstances. The executors are under no obligation to deliver schedules of the personal property upon oath, or accounts of their receipts, by which their fidelity may at any time be brought to the test, if necessary, except by the burthensome process of a suit in equity, which can seldom occur [query, be concluded?] in time to have the desired full effect, nor without a previous dispute among the spoliators for a division of the spoil, (and the expense of which can only be borne by an estate of a certain magnitude;) consequently, women, infants, and absentees have no adequate check upon such administration of their properties, whom it is now extremely difficult to fix with the possession, and sometimes even of landed property, at any distance of time; so many ingenious devices have they got for covering such possession in other men's names. In all instances the parties injured run great hazard in substantiating their claims, when all the documents and proofs are in the hands of their spoliators." The following passage is deserving of particular attention: It is fit to consider in what condition Native Christians are, if they be not British subjects. They are native born, and cannot, upon any common principle of justice, be debarred from colonizing in their native and only country (!) What is the law of inheritance or succession, or marriage, out of the precincts of Calcutta? Can the Hindoo or Mo hammedan law be administered to them as Christians? The attention of Government is seriously called to this subject, which every day may bring into open legal discussion.' [A most singular discussion it would be, whether a Native Protestant was verily and indeed a Christian man, or to be treated as an idolatrous polytheist !] Though the general question of colonization of British subjects in India should be regarded in the same light now as it was before the East India trade was thrown open [and Sir Edward is perfectly content that it should be so regarded] to the monopoly of which it seemed to bear the closest affinity; and though measures are now in train for assimilating to the British Government, or satisfying the nascent influence and ambition of the great landed proprietors who are growing up under the Permanent Settlement,' [to what measures does he allude?] 'without any counterpoise of British territorial power, or of British influence, except that of office, every day sinking in relative wealth; still the condition of these persons, as the only links in the chain of popular connection, will deserve reconsideration,' We have next a curious piece of information touching the genealogy of the Barretto family; and some speculations respecting the actual creed of the celebrated Ram Mohun Roy-the legality of his issue on a question of inheritance-and whether if he terminate in a Christian, he can have a plurality of wives'! In recommending that the privileges of British subjects should be communicated to Native Christians, Sir Edward could not avoid stumbling on the shameful part of the law, namely, their disability to hold land, and their liability to transportation without trial; and it is worth observing with what undisturbed gravity and complete indifference he passes over circumstances, in some respects ludicrous, but more calculated to excitè astonishment and abhorrence. 'If it were thought proper,' says Sir Edward, 'to put Native Christians at once upon the footing of British subjects in all respects, if born within the British dominions in India, it may be done by a general declaratory law, that all persons born within the British dominions in India, and domiciled in Calcutta, being Christians, have been, and shall, so long as they are thus domiciled, be deemed, to all intents and purposes, to be British subjects within the meaning of the charter of 1774, and of the several acts of Parliament passed for the regulation and government of the British dominions in India, SAVING to them all rights of holding land as Native born subjects, and exempting them from being sent to Great Britain as UNLICENSED persons, &c. or for trial and punishment' ! 'At all events,' observes Sir Edward, there are two points to which the immediate attention of Government is called for the whole class of Native Christians, if it should not be thought more politic and adviseable at once to declare them British subjects. [SAVING to them, &c. &c.] The one is to enable the Supreme Court to grant probate of their wills and letters of administration of their intestates' effects.' "The other point for present consideration is, that these Christians of Native or foreign extraction settled here, and half castes, cannot for the same reason avail themselves of one of the most beneficial clauses in the charter of the Supreme Court, without which few can dare enter into contracts with any Native or foreigner, being beyond the jurisdiction of it. The 13th clause states, that the Court shall have power and jurisdiction to determine all such causes, &c. against every other person or persons whatsoever, inhabitants of India, residing in the said provinces, &c. of Bengal, &c. upon any contract or agreement in writing, entered into by any of the said inhabitants with any of his Majesty's subjects, exceeding 500 rupees, where such inhabitants shall have agreed in the said contract, that, in dispute, the matter shall be determined by the Supreme Court.' These two defects still remain to be supplied; but doubtless it will be deemed politic and adviseable to avoid the form of communicating to such persons all the rights and privileges of British subjects, except those of being incapable of holding land, and of being liable to transportation without trial, with destruction of property and temporal ruin. The rest of the MS. is occupied with recommending the introduction into the Mofussil of the whole body of law, English and Native, which is administered in the Supreme Court, with the use of the English language, and of English pleaders in the Mofussil courts. To all which there are but two objections: First, That which has been made to the appointment of a collector of the window-tax in the Sunderbunds, the country is not yet ripe for such changes. Secondly, Without the communication of certain privileges to British subjects, which are not included among the remedial measures recommended by Sir Edward, the country never will be ripe-never will be more adapted for the reception of such improvements than it is now. M. B. TO FREDERICA. FAIR and young, why pensive grown? JOURNEY ACROSS THE PENINSULA OF INDIA, FROM MADRAS TO BOMBAY. BY A MADRAS CIVILIAN. No. I. Modes of Travelling, and Description of Equipage used in India; Route and Sketch of the Country from Madras to Arcot. CIRCUMSTANCES having rendered it necessary for me to proceed from Madras to Bombay, and the country between Hyderabad and Poonah being in an unsettled state, I chose the route across the Peninsula to the western coast, whence I knew there were frequent opportunities of going to Bombay by sea. On the 18th of February, I had made the following preparations for my journey, which I give in detail, that an accurate notion of the usual method of travelling in India may be formed, and that my consequent movements may be better understood: A palanquin and twelve bearers, with their cook and a massaljie, or lantern-carrier; a servant to prepare my food; five cavadi-men to carry my clothes, &c., which were contained in ten boxes; two of which, slung at one end of a bamboo pole, called a cavadi, made one man's load. Of utensils, a tea-kettle, three tin plates, three or four earthen chatties or sauce-pans without handles, two large tin mugs, a tea-pot, a tin bason, knives, forks, and spoons, a lantern, a copper vessel, with a narrow neck for containing oil: a few pounds of wax candles. Attached to my palanquin behind, a cane case containing an earthen goblet for water, a bottle and a glass, all, except the glass, covered with cane-work, to render them less liable to be broken; materials for writing were contained in my palanquin drawer, above which I placed a few useful and entertaining books. Of provisions, tea, sugar-candy, curry-stuff, a few pounds of biscuit, a bottle of honey, and four bottles of brandy; a fowling-piece, a telescope, a compass. In my palanquin, which itself formed my bed, were placed a blanket and a couple of pillows. As eight only of the boxes were appropriated to my clothes, the two which remained were filled with all the articles just enumerated, in order that my palanquin might be free from encumbrance. Thus equipped, I despatched my servant and the cavadi-men on the morning of the 19th, intending to allow them time to make an easy journey to Streepermatoor, at which place, by starting in the evening, I meant to overtake them early next morning. On the 20th of February I arrived at Streepermatoor, at 6 o'clock in the morning, and upon inquiry found that my servant and baggage, instead of waiting for me, had all gone forward. Fortunately, my friend's kindness had furnished me with a hump* of beef and some bread, and there is a sort of purveyor resident at this place, who supplied my other wants. Streepermatoor consists of a set of choultries or caravanserais, built for the convenience of travellers, by a Madras Native merchant, named Venkata Runga Piller, whose munificence will be appreciated when I have particularly described the buildings. On the left side of the road, as you enter from Madras, is a row of low houses, made of brick and chunamed outside, which somewhat resembles a set of English alms houses. I did not enter them, as they were all occupied, but I presume they consisted of large square courts, with an open space in the centre, which is the usual form of Native houses. These are intended for the poorer sort of Native travellers. Opposite to them, on the other side the road, there is a spacious† upstair house, built in a very finished style, and this the founder probably intended for the more opulent of his countrymen. Beyond this house, and on the same side the road, is a pond or tank with stone steps; and on the further side of this stands the house usually occupied by Europeans. This consists of a middle hall, with two rooms at each end of it, and a very cool and pleasant chamber above, which is arrived at by a flight of steps on the outside of the building. The house is built upon a raised foundation, and great pains have been taken to finish it in a style suitable to the taste of Europeans. It is said that when the place was first established, the founder ordered wine and provisions to be furnished gratis to travellers. His bounty, however, was soon so much abused, that he was obliged to desist. Whether this be the case or not, I cannot determine; but the latter part of the story may well obtain credit from present appearances. The walls are smoked and scribbled over, the table is broken, the corners of the rooms have been used for cooking victuals, and, in short, the house is rendered unfit for the reception of any but male travellers. In a jungle, beyond the European house, there is a small pundal, built of granite; from a raised floor of stone, twelve pillars spring, which support a flat roof of the same material. There are no sides to this construction, which was probably intended for some religious ceremony. Sculptures adorn the sides of the pillars, such as are usually seen in the granite choultries of the Carnatic: namely, a figure of Bala Chrishna, or Chrishna in his childhood; Chrishna chrushing the serpent; Chrishna playing on the flute; Hanuman Rahoo swallowing the moon, &c. From the top of the European house you have a fine view of the surrounding country. It is in * The cattle in India have a hump over the shoulders, which, being composed of fat and lean agreeably mixed, is cut off and salted, thus forming one of the greatest delicacies of the East. A house of more than one story is called in Madras an upstair house. |