of Government lies in making these, and all the other persons of whom I am now treating, essentially British. In deference, however, to the feelings I have alluded to, I refrain from recommending the entire measure. But in order not to nourish and increase a spirit of inveteracy, by shutting the door to individual merit, and for the purpose of letting in, and making your own, the most deserving at least of this numerous class to share the privilege and the burthen of this service without creating any public sensation; and while our own juries are complaining much of the increased burthens thrown upon them, in consequence of the Sessions being holden four times in the year, their numbers being comparatively few, it might be an experiment worth trying, to empower the local Government to admit so many individuals, or such classes of this description, as it should deem most fit and worthy, into the roll of British subjects, out of whom the Sheriff should be enabled to return the panel as usual.*

I throw out this hint for consideration, even upon a more extended scale at a future time, as circumstances shall point out.

Condition of Native Christians.

It is fit to consider in what condition these persons 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 Mohammedan 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. 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, to the monopoly of which it seemed to bear the closest affinity; and though measures were 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,† 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 persons, as the only links in the chain of popular connection, will deserve reconsideration. Nor does the difficulty rest here.

these

Hindoo Converts.

While pursuing my inquiries with a view to this subject, I received information of a fact curious in itself, and leading to im

Query, whether the Sheriff would not as well attend to a proper selection, without an invidious interference of Government.

That measure seems to have been too hastily executed, but it demands a more extended consideration than can be given to it here.

portant reflections; I am at liberty to mention it to the persons to whom these papers are confided. M. Barretto, a gentleman of large property and great personal respectability, always considered here as of Portuguese extraction, gave me this account of his family: That they came originally from Bacien, lying to the north of Bombay, and were Hindoos of the Brahmin caste; how converted, whether by the word of the Portuguese or otherwise, he cannot say. One of his ancestors took the name of Barretto, in consequence of the Portuguese general of that name standing godfather to that ancestor at his christening. When the Portuguese lost possession of the island of Bacien, the family, then bearing the name of Barretto, retired to Bombay, at which place the present M. Barretto was born. His family is, and always has been, essentially Hindoo, and natives of this country, though long since become Christian. He himself was born within the allegiance of the King, and knows no other sovereign. He is an entire stranger to Portugal, though bearing a Portuguese name, which commenced in the manner described, and has been conveniently continued for purposes of trade, His son resided for some time in England; the family connections, however, with the Hindoos have been all along continued, and are still preserved, as far as the difference of faith has permitted,

Look at the condition of this gentleman, (which may be the secret condition of many others,) and compare it with the British laws in general, and with the construction of them which has hitherto held at home, and then say why he should not be deemed to be a British subject, as he claims to be; and whether, as the British laws framed for India now are and always have been understood, there is not great difficulty in treating him either as a Hindoo or as a Britith subject, in regard to his legal relations, or indeed in saying under what legal relations he stands here, He cannot be an alien in his own native country and in that of his ancestors.

Ram Mohun Roy.

Take another instance. A Native of high rank and great family estate in the province of Burdwan, a Brahmin of nine strings, which is of very high caste, by name of Ram Mohun Roy, son of RamCaunt Roy, has lately declared himself a Christian, of what precise description does not distinctly appear; and, perhaps, he himself would find it difficult to determine that point, as his self-conversion seems by all account (for I am not personally acquainted with him) to be still in progress, and has not, I believe, proceeded further than a kind of Unitarianism. I have heard that he calls himself a Unitarian Christian. He says, however, that he will not do any thing wil

*

Though he is extremely well versed in the Scriptures, from whence he has drawn his morality, his more accurate description, as I have since had reason to believe, is of a Deist. I have seen a curious work of his, lately published, being an address to his countrymen against idolatry, which he maintains to be a corruption of their ancient faith.

m

lingly to forfeit his caste, (considering it probably as the nobility,) which he is desirous to preserve, and therefore declines eating, &c. with us, though he invites company, and sits at the table with them. Before he made public declaration of his faith, he consulted, as he says, upon this point of caste with his family, and with forty others of the principal and most respectable of his neighbours and friends, who promised to uphold and continue their association with him; and he adds, that if the other Brahmins be satisfied with this, he shall take no further steps to sever himself from them, or to influence others, who, in case of extremity, would, he thinks, follow him in his entire separation to the number of above 200.

This is a novel attempt, and, if successful, which remains yet to be proved, may be followed by important consequences. The Brahmin certainly regards his strings, independently of religious motives, as conferring worldly distinction upon him. They are marks of high descent, to which he naturally clings. In proportion as this feeling gains strength and encouragement, the other feeling will abate and be melted down.*

What is the legal condition of this last mentioned personage? The distinction which he is attempting to establish, seems, if he succeed, to leave him essentially Hindoo as to customs and laws respecting himself and his own rights, and so far it differs from the antecedent case; but it is certain that great difficulties must hereafter arise on his civil relations. As a Christian, if he terminates in one, can he have a plurality of wives? The legality of his issue, on a question of inheritance, must depend as to any subsequent marriage on the legality of the marriage rite, which the Hindoo law (though it recognizes the marriage of a stranger according to his own national form) has not yet recognized as between Hindoos,† if not performed according to its own rite. Is such a person to be deemed a Hindoo in point of law for one purpose and not for another? His will could not be proved in the Supreme Court, which can only grant probate of a will of a British subject, as elsewhere explained. Would the pundits consider a professed Christian convert from their faith as a Gentoo for any purpose? Or is he to lose the benefit of the one code, without acquiring that of the other?

Remedy.

I submit to the consideration of Government, that their protecting

I do not find that he is a favourite among his countrymen; they say that he has publicly abused them, instead of endeavouring by private instruction to improve them.

The pundits say there are eight principal forms of marriage used amongst them, but in giving their opinion on the case of a Sikh marriage, they said that they considered the contract as the essential part, as mere form to give solemnity and notoriety to the contract.

hand should be so far extended to this, and the like description, as to make provision that no Native of India shall forfeit any right of property or personal benefit on account of his possession of any particular faith or doctrine, which he would be entitled to, if claimed by any law of title, grant, inheritance, or succession, established in India, which was binding on the person or persons last seised or possessed, or on those through whom he claimed; and recognizing the marriages of all descriptions of persons in the several forms acknowledged and practised according to each faith; and giving probate of the wills and administration of the effects of all Christians within the jurisdiction of the Supreme Court.*

This, with the general or with the special power before proposed, respecting the admissibility of Christians in general on juries, would smooth most of the difficulties that are prominent in the moral and judicial horizon.

But it must be observed, that so long as an original British subject is prohibited from acquiring land in this country, it must be injurious to any person of Native extraction to be declared generally a British subject, unless an expiration be made in this respect in favour of Native-born subjects in their own proper country.

Points of Immediate Necessity.

At all events, there are two points to which the immediate attention of Government is called for; the whole of the fifth class of persons, if it should not be thought more politic and advisable at once to declare them British subjects; saving to them the right of holding land as Native born; and, if not being liable, to be sent to England for trial, &c.

Probate of Wills and Administration.

The one is to enable the Supreme Court to grant probate of their wills, and letters of administration of their intestate effects. By the 22d clause of the King's Charter of 1774, the power of granting probate and administration is expressly confined to Bristish subjects only, and extends not even to inhabitants of Calcutta; and these Christian Natives (other than such as are born of British parents in lawful wedlock) are not deemed to be British subjects, as I have had occasion to remark, within the special national sense of the Charter and of the several acts of Parliament; however many of them may have been in the habit of applying for this purpose to the Ecclesiastical side of the Court, which has passed subsilentio, it might, at least, be admitted that there is great doubt on the subject. The inconvenience of this is too obvious to be insisted upon, in case any dispute should arise upon the grant of administration to such person,

*This is independent of the suggestion in another place as to the wills, &c. of Hindoos and Musulmans.

particularly if the question arose in any foreign court. This power ought, therefore, to be supplied without delay, with a retrospective clause, confirmatory of passed acts, even if it might not be done by a declaratory law; for certainly their exclusion could never have been contemplated. Further, if it were thought proper to put all this fifth class of persons at once upon the footing of British subjects in all respects, if born within the British dominion in India, it might 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 right 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.

This provision is exclusive of the observations elsewhere submitted as to Native Hindoos, Mohammedans, and others, within the local jurisdiction of the Supreme Court.

Written Contracts for Trial by the Supreme Court.

The other point for present consideration is, that these Christians of Native or foreign families settled here, and half-castes, cannot, for the same reason, avail themselves of one of the most beneficial causes 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 cases, &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.

Instances have occurred, where, for want of the extension of the privilege, Portuguese and other permanent settlers of great respectability, having had dealings with Natives or foreigners, upon the strength of their entering into written contract to answer for any breach of their engagement in the Supreme Court, have been ousted of their remedy by the swindler's withdrawing himself out of the local jurisdiction of the Court as soon as he had obtained their money or goods, and setting them at defiance. † It may be said, that

This is one instance where the terms, His Majesty's subjects,' is used in contradistinction to Native inhabitants.

No person, by his private contract, can give jurisdiction to a court which has it not by law.