Page images
PDF
EPUB

bay-all being subject to the authority of the governor-general in council, each having a governor and council of three, and each governor and council having subordinate authority within their own limits. The governorship of Bengal is vested in the person who holds the governor-generalship of all India; and, as governor, he has no council, but as governor-general, he has. The governor general of India and the governors of the three presidencies, are appointed by the court of directors, subject to the approbation of the crown: their commissions are annulled at the sole pleasure of the court of directors. In consequence of the extent and populousness of the presidency of Bengal, it is divided into three subordinate governments: first, the government of Bengal, already mentioned, administered by the governor-general; second, the lieutenant-governorship of the north-western provinces, embracing Benares, Allahabad, Delhi, &c., administered by a lieutenant-governor; and, third, the government of Penang, Malacca and Singapore, in the straits of Malacca, administered by what are called resident councilors. Such is the frame-work, the personel, of the executive government of India. Its powers are thus distributed. The governor-general and council of India have the superintendence, direction and control, of the whole civil and military government of India; and the subordinate governments are required to obey their orders, and not to commence hostilities, declare or make war or peace with the native powers, without their approbation, or to create any new office, or grant any salary, gratuity or allowance, without their previous sanction. In like manner, the governor-general in council, is restrained from declaring war, or commencing hostilities, or entering into any treaty for declaring war (except in self-defense), without the authority of the court of directors or the secret committee. If the governor-general should differ from the authority of his council, on any question affecting the safety, tranquility or interests, of the British possessions, the grounds and reasons of their respective opinions are to be exchanged in writing and placed upon record; and if the difference should still continue, the governor-general may act on his own authority and responsibility. The duties of the subordinate governments, are to receive and obey the orders of the general government, to transmit to it advice and intelligence of all transactions and matters relating to the government revenues, or interests of the respective presidencies, and to superintend and control the various departments and functionaries within each presidency subject to their authority.

Until 1834, the power of legislation was possessed by the governor in council, of each of the presidencies; but, by the act of parliament

of that year, renewing the company's privileges, the power of local legislation was taken from the subordinate governments and given to the supreme or general government of India exclusively. For executive purposes, the council of India, it has been already stated, with the governor-general at its head, consists of three other members, who are appointed by the court of directors, and each of whom must have been in the service of the company ten years. The same persons also, presided over by the governor-general, constitute the legislative council of India, with the addition of a fourth member who must be a person not previously in the service of the company. His appointment, by the court of directors, is subject to the approbation of the crown; while the appointment of the three others, by the court, is absolute. This fourth member, alone, does not belong to the executive, but only to the legislative council; that is, he is not entitled to sit and vote at meetings of the council held for executive purposes, but only at meetings for making laws and regulations. The legislative council of India, thus constituted, has power to make, repeal and alter, laws and regulations for all persons, British, native and foreign; for all courts, whether established by royal charter or otherwise; for all places and things in every part of the territories under the government of the company; and, for all servants of the company within the dominions of allied provinces and states. As the right of parliament to legislate for India is expressly reserved, as well as the sovereign right of the crown, so it is required that all laws and regulations, made by the governor-general of India in council, shall be transmitted to England. and laid before parliament, in order that it may appear that no law has been passed affecting the prerogative of the crown, the authority of parliament, the constitution or rights of the company, or the unwritten law or constitution of Great Britain and Ireland.

at Madras,

In the judicial system of British India, there are two classes of courts; those established by royal charter, called King's or Queen's courts, and those established by the company's government, called Company's courts. There are four royal courts-one at Calcutta, a second a third at Bombay, and a fourth in the settlements of the Straits of Malacca. The courts at Calcutta, Madras and Bombay, are administered, each, by a chief justice and two judges, who are appointed by the crown, and who must be barristers, in England or Ireland, of not less than five years' standing. The court of judicature of Penang, Singapore and Malacca, consists of the governor of those settlea resident councilor and a recorder, of whom the last mention

ments,

ed alone is appointed by the crown, and must be a barrister of five years' standing. These courts have full authority to exercise and

per

form all civil, criminal, admiralty and ecclesiastical jurisdiction, and their jurisdiction extends to all British-born subjects residing within the limits of the governments to which the courts are attached. Such persons are subject to the laws of England. These courts have, also, full power to hear and determine all actions and suits against the native inhabitants of Calcutta, Madras and Bombay, determining, in respect of Mohammedans and Hindoos, by their respective laws and customs; and, where one party is a Mohammedan and the other a Hindoo, determining by the laws and usages of the defendant. The native inhabitants of India, residing beyond the limits of the towns of Calcutta,` Madras and Bombay, are not subject to the jurisdiction of the royal courts, unless they shall, in any particular cases, agree, in contract, to be subject to it, and the cause shall exceed five hundred rupees ($250); under which circumstances the courts may hear and determine suits between British-born subjects and the native inhabitants of India. The royal courts have no jurisdiction in any matter relating to revenue; and, in matters within their jurisdiction, an appeal lies from their decisions to the privy council in England, if the matter in dispute is not less than ten thousand rupees ($5,000). For the consideration of such appeals, a judicial committee of the privy council has been constituted, consisting of various members of the privy council, ex-chancellors, and always including two retired Indian judges who are supposed to possess the requisite local knowledge and experience for the information and guidance of the other judges.

[To be continued.]

ART. II-COMMERCE OF THE RED SEA AND THE EAST.

A FEW REMARKS, MADE BY A TRAVELER, ON A. H. PALMER'S PLAN FOR OPENING, EXTENDING AND PROTECTING, AMERICAN COMMERCE IN THE EAST.

[THE writer of this interesting sketch, Emanuel Weiss, has been for eighteen years a resident in the East, and for a part of the time in the employment of the East India Company. He has traveled the deserts with the caravans, and passed himself off as an Arab-a thing, from his appearance, he might very well do. His knowledge of the world is extensive and practical, and his familiarity with the Indies, in every particular, minute and accurate. Such a man must be of great value to us in our increasing relations with Oriental countries. He was the first, we think, to propose the use of camels for California travel. He was born in Switzerland, but has removed to the United States.-ED.]

IN our days, neither Abyssinian nationality nor Abyssinian dominion extends to the sea-coast; therefore it is improper to name Abys sinian, part of the African coast in or outside of Bab el Mandel.

(Arab., "gate of tears"). The Pacha of Egypt, having been reinstalled by the Sultan, in the governorship of Suakin and Massawah, claims the whole coast, from Suez to Bab el Mandel.

Between Suez and Kosseir, there is but a scanty population of Bedouin Arabs. The Ababdeh, south of Kosseir, are the first African red-skins with Caucasian features met with on this coast; then come the Ageeg, around Suakin; from thence to Massawah, the Shoho; and from this latter place to the bay of Tudjurra (Gobat Embada), the Donakil.

This bay extends about eighteen miles inland in a western direction, and is divided in two parts by a narrow island, the inner part of which is called the Evil bay (Gobat el Harab) from a conical island in its center, emitting deadly smoke, as the saying is. A two days' journey from the bay, lies the Goobard lake (Birket el Goobard, with sweet water), the receptacle of the Hawash river; and between the two waters, surrounded by barren and volcanic rocks, lies the salt water lake, Birket el Assal, that is, the honey lake--its level about 200′ below the level of the bay. This water division will become, in time, the highway for commerce and civilization to southern Abyssinia and the Galla regions.

From Tudjurra bay to Cape (ras) Hafoon, are the following Somalee tribes the Eyssa, Gedeborsee, Ayal (children), Ahmet, Ayal Yoones, Habart (clan) el hadjiss, Madjarteen, and El Mahara. The Gabardjees, south of Ras Hafoon, belong, like the Somalees, to the great Galla nation, with Caucasian features and red-skins. The three languages show great affinity to each other. The chief distinction is the religion-the former having embraced Mohammedanism, and the latter still adhering to their old belief in "Waak," the Great Spirit, without the intercession of any prophet.

Mr. P***** believes Zeyla, on the Somalee, and Tudjurra, on the Dan kalee (sing. of Donakil), coast, to be Somalee ports, which is wrong. Zeyla is a factory of the town of Mocha, mostly inhabited by Yemenese Arabs, and protected by a garrison of thirty-five matchlock men, of Sheriff Hussein. Tudjurra, on the northern shore of the bay of the same name, is the residence of Mohammet, the petty sultan of the Donakils its sole export, ivory and slaves. This town, in some way, is a tributary to Zeyla, for military assistance received in former times. The Tudjurra slave-traders pay a tax of two real dahab (gold dollars, a fictif money) for each slave, either to the governor of Zeyla, or to his wakeel (proxy) in Mocha. Both the Dankalee and the Somalee carry the Turkish flag and acknowledge the sultan, Roomee Abdul Medjid, as the Khalifa el Mummineen—that is, the protector of the true

believers. This shows what right "John Company" had to purchase the island of Musha, at the entrance of Tudjurra bay, from the above mentioned Mohammet, for the paltry sum of two thousand dollars; or the French, who paid a similar sum for a stretch of coast at Beilal, between Massawah and Bab el Mandel, to some underlings of the same Mohammet. Both places are unoccupied yet, and were bought out of pure jealousy.

Tudjurra is the sea-port of Ancobar, the capital of Shoa, or in Arabic, Bar Eefat. Mr. P***** believes Shoa to be the name of a town. Zeyla was, fifteen years ago, in undisputed possession of the trade with Hurrur, an inland town, distant only five days, by uninterrupted traveling; but the Somalees, tired of the exactions of the Arabs, of late, opened an annual fair at Berbera, which absorbs nearly all the trade of Hurrur, notwithstanding the distance to it being about twice as much as to the former place. Berbera is the finest harbor on the whole coast; there are no permanent buildings; the fair lasts from September to March. Foreign traders are obliged to purchase the protection of some Somalee tribe or other, as there is no acknowledged chieftain or governor of the fair, and trade is free in the full meaning of the word. Dogankal, between Zeyla and Bullahar, is the nearest point on the sea coast, only three days' journey from Hurrur; but, unfortunately, its harbor is closed up by a sand bar.

Even if the Joob (Juba?) were supposed to offer a safe channel, during more than "three months in the year," it is hard to see how this river could interfere with the Somalee caravan trade, which goes no further inland than Hurrur.

Gondar, the residence of the Neguz (a sort of "roi fainéant" of old France), is the most northern and the largest town of Abyssinia. It was, a hundred years ago, the capital of the then united empire, but to-day only of the province of Amhara, under the leadership of Ras (chieftain) Ali. Gondar is also the residence of the Aboona (great father or patriarch) of all the Christians in those parts. So is Adowa the capital of Tigreh, and not of northern Abyssinia. The nearest seaport to this town is Amphila, but the Egyptian governor of Massawah has restricted the trade with Abyssinia exclusively to Massawah and Suakin. Ras Cubee is the chieftain of Tigreh, and Ras Sahlo Sehlassee of Shoa. These are the most powerful chieftains of Abyssinia, and they are in constant fear and jealousy, one against the other. No European power has agents in Abyssinia, if the "pères Lazaristes" (vulgo, Jesuits), in Adowa, are mistaken as such; but in Mas

* The "East India Company," as called in derision, in the East.

« ՆախորդըՇարունակել »