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the body of the Civil Service, but disapproved by those English settlers to whom alone its provisions applied, it has been violently assailed by a portion of the English inhabitants of Calcutta. In this petition they have not taken quite so reprehensible a tone as in their memorials addressed to the Indian Government; but the same spirit of caste, the same love of oligarchical domination, disguising itself under the phraseology which in England we are accustomed to hear only from the most zealous supporters of popular rights, may be seen in both. While the excitement, which has now completely subsided, was in its full force, the organs of the opposition repeated every day that the English were the conquerors, the lords of the country, the dominant race, the electors of the House of Commons, whose legitimate power extends both over the Company at home and over the Governor-General in Council here. The constituents of the British Legislature, they told us, were not to be bound by laws made by any inferior authority. The firmness with which the Government withstood the idle outcry of two or three hundred people about a matter with which they had nothing to do, was designated as insolent defiance of public opinion. We were the enemies of freedom because we would not suffer a small white aristocracy to domineer our millions.

The petitioners say that the East India Company has always been opposed to the free trade and settlement of the English in India, and they therefore conceive it to be a great hardship that they should be placed under the Company's Courts.

But is it just or reasonable to advert to a state of things which has wholly passed away, for the purpose of raising a cry against the Indian Government? The Company is no longer the competitor of the private merchant; it has ceased to be a commercial body; it is now merely a ruling body, and as such it has no interest to exclude from its dominions any class of people who are likely to make those dominions more flourishing by carrying thither the arts and industry of Europe.

As to the apprehension which the petitioners express, that the effect of this enactment may be to deter Europeans from settling in India, I cannot do better than to quote the language of a most valuable servant of the Company, the late lamented Mr. Mill. That gentleman was asked by the Committee of the House of Commons whether he did not conceive that the total abolition of the King's Courts would prevent Europeans from settling in the interior? His answer was, By no means. think the same motives which carry them into the interior now, as far as their objects are honest and justifiable, would carry


them still. And if they go there for the gain of misconduct and oppression, it is very much to be desired that they should not go there at all."

It is impossible that any rational person can be so prejudiced against the Company and its servants as really to believe that, having given up all connection with trade, they are still jealous of all other traders.

But there is a jealousy widely different from the old commercial jealousy of which the Company is invidiously and unfoundedly accused by the petitioners-a jealousy which it is their duty, and that of all who are in authority under them, to entertain. That jealousy is not the jealousy of a merchant afraid to be undersold, but the jealousy of a ruler afraid that the subjects, for whose well-being he is answerable, should be pillaged and oppressed. India has been subjugated by English arms and is governed by English functionaries. To be an Englishman is, therefore, a rank in India. Nor is this all. Those qualities which enabled us to conquer, and which now enable us to govern the country, that valour, that resolution, that intelligence, that closeness of union, that marked superiority, both in mental and physical energy which reared our Empire, and which have upheld it, make every individual Englishman a formidable object to the native population. Under these circumstances, there is reason to fear that a tyranny of the worst sort the tyranny of race over race-may be the effect of the free admission of British settlers into our provinces. This apprehension the British Parliament evidently entertained when it passed the Charter Act; and if any person is inclined to think it an unfounded apprehension, I would refer him to the writings and speeches to which this very Act has given occasion. In these speeches and writings it will not be difficult for him to detect, under the disguise of expressions which in England are generally outplayed by demagogues, the spirit of an oligarchy as proud and exclusive as that of Venice itself.

In all ages and countries, a great town which is the seat of Government is likely to exercise an influence on public measures disproportioned to its real importance. This is the evil if the interests, the opinions, and the feelings of the population of such a town coincide with those of the population of the Empire; but in India, unfortunately, while the influence of the society of the capital on the Government is greater than in almost any other country, the interests, feelings, and opinions of that society are often diametrically opposed to those of the mass of the people. Calcutta is an English colony in the midst of an Oriental population. Here we are surrounded by men of the same race and colour with ourselves-by men who speak and write our language-by men who constantly correspond

with the country to which we all hope to return. That the favourable and unfavourable opinions of such men should affect us more than the opinion of crowds of foreigners; that the execrations of whole provinces in the Mufassal should wound our feelings less than a scurrilous article in a Calcutta newspaper; that the benedictions of whole provinces should gratify us less than a complimentary address from fifty or sixty of our own countrymen, is, I fear, but too natural. To overcome these feelings to take greater interest in the many who are separated from us by strong lines of distinction, than in a few to whom we are bound by close ties; to brave the clamorous censure of those who surround us, for the purpose of serving those whose praises we shall never hear, is no more than our duty; but it is a duty in the performance of which we have, I think, a peculiar claim on the home authorities for support and encouragement. We have now, in defiance of misrepresentation, abuse, and calumny passed a law, which is considered by ourselves, by the late Governor-General, by the Governor in Council of Madras, by the Governor in Council of Bombay, by all, or almost all the civil servants of the Company, as a law beneficial to the great body of the people. The English settlers in the Mufassal, the English at the towns of Madras and Bombay are, to all appearance, contented with it; the English population of Calcutta alone, led on by a class of men who live by the worst abuses of the worst Court in the world, have raised an outcry against us. If that outcry be successful, the prospects of this country will be dark indeed; but I know the Honourable Court and the British Legislature too well to think that it can be successful; and I confidently expect that we shall receive on this occasion such support as may encourage us, and those who shall succeed us, when legislating for the good of India, to disregard the clamour of Calcutta.

The employment of native Commissioners for the trial of civil suits formed an integral part of the judicial system established by Lord Cornwallis in 1793. This fact militates against the general belief in history that Lord Cornwallis completely closed the doors of public service against the people of India. It is true, however, that their services were used mainly as referees and arbitrators, and that in doing so Lord Cornwallis was only following a definite tradition established at the time of the Regulating Act. By the 11th Article of the Regulation of the 15th August, 1772, "all disputes of property, not exceeding ten rupees," were to

"be decided by the head farmer of the pargana to which the parties" belonged; "and his decree was to be final." Further, by a Regulation of 1781, six munsifs or public arbitrators at a salary of Rs.50 each were attached to each Mufassal Diwani Adalat. Regulation XL of 1793 largely extended their employment and jurisdiction.

The subsequent history of the native judicial service is one of great interest and importance, and is explained in the following extract :

The Employment of Indians in the Subordinate
Judicial Service

Source." Introduction to the Bengal Code." C. D. Field.

The law relating to native judicial officers, in common with the other portions of the law of the judiciary system, underwent important changes in 1831. The jurisdiction of Munsifs was now extended to suits for the property or possession of land or other real property with the exception of land held exempt from the payment of revenue; and the monetary limit of all suits cognisable by them was raised to three hundred rupees. The special rules applicable to Chittagong Munsifs were repealed: and instead thereof it was generally provided for the guidance of all Munsifs that in cases of inheritance of, and succession to, landed property, the Muhammadan law with respect to Muhammadans, and the Hindu law with regard to Hindus should regulate the decision. Where the parties were of different religious persuasions the decision was to be regulated by the law of the defendant, but only in cases in which the defendant was a Hindu or a Muhammadan. In cases in which rules could not apply the Munsif was to act according to justice, equity, and good conscience. Suits cognisable by Munsifs were ordinarily to be instituted in their Courts, but judges might receive and refer such suits. Munsifs were now allowed to receive applications for the execution of their decrees, but were to forward them to the judge, who might direct them to execute them or have them executed by his own officers. Munsifs were no longer to be paid by fees but by salaries fixed by the Governor-General in Council.

223. The abolition of the Provincial Courts, the judges of which had appointed the Sádr Amíns and Munsifs on the nomination of the zillah and city judges, rendered other provisions necessary for the exercise of this patronage, and it was enacted that its exercise should henceforth be regulated in such manner as the Governor-General in Council might be pleased to direct.

The law officers of the zillah and city courts were no longer to be ex-officio Sádr Amíns, but were to be like other individuals eligible to the office. Judges were not in future to transfer Munsif appeals to Sádr Amíns for hearing. The office of Sádr Amín was thus somewhat reduced in importance; but this was compensated by the creation of a new office, that of Principal Sádr Amín, which (together with that of Munsif and Sádr Amín) was declared to be open to natives of India of any class or religious persuasion. Appointments to the office were to be made by the Governor-General, who was also to fix the monthly allowances of those appointed.

Principal Sádr Amíns were vested with original jurisdiction in suits for money or personal property or for the property or possession of land or other real property, the amount or value of which did not exceed five thousand rupees. Judges retaining such cases on their own files were to record their reasons for doing so. Principal Sádr Amíns were empowered to execute their own decrees, an appeal lying to the judge from their orders passed in execution proceedings. When a judge's file was so heavy that it was impracticable for him to dispose of all the pending appeals with reasonable despatch he was to report to the Sádr Díwání Adálat, who might authorise him to refer a special number of appeals to his Principal Sádr Amín.

The petty criminal jurisdiction given to Sádr Amíns by Section 3 Regulation III of 1821 was conferred on Principal Sádr Amíns also; and magistrates were empowered to refer to both officers for investigation criminal cases beyond their jurisdiction to try. These officers were not, however, authorised to commit to the sessions. A judge was empowered upon urgent necessity to suspend a Principal Sádr Amín, Sádr Amín or Munsif. When the Commissioner and the judge differed as to the propriety of removing any of them they were both to send their opinions to the Sádr Díwání Adálat. The Commissioner might recommend a removal, when the judge did not take the initiative. Principal Sádr Amíns and Sádr Amíns could not be removed from office without the sanction of the Governor-General. Munsifs could be removed by the Sádr Díwání Adálat.

224. By Act XXV of 1837 judges were empowered to refer to Principal Sádr Amíns original suits of any amount or value; and they were further authorised with the sanction of Sádr Díwání Adálat to refer any civil proceedings, miscellaneous or summary. Orders passed by Provincial Sádr Amíns in such proceedings were first appealable to the judge and then specially to the Sádr Díwání Adálat. Decrees in original cases up to five thousand rupees were first appealable to the judge, and then specially to the Sádr Díwání Adálat. Decrees in suits above this amount were appealable to the Sádr Díwání Adálat, In 1845

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