LECTURE II. EARLY HISTORY: THE REGULATING ACT. Grant of the Dewanny-Its Consequences-Antecedent Position of the Native the De THE grant of the Dewanny was accompanied by Grant of an imperial confirmation of all the territories pre- wanny. viously held by the East India Company under grants from the Emperor. The Nizamut or administration of criminal justice was left in the hands of the Nabob, who received for its support and his own maintenance an annual grant of 53 lakhs of rupees. He thus recognized his dependence, and although the Nizamut remained in his hands, it was, or at any time might be, exercised under the control of the Company. LECTURE Its consequences. Antecedent position of Courts. The Company thus became responsible for the collection of the revenue, and directly or indirectly for the due administration of civil and criminal justice. Nevertheless, for a period of six years, the latter duty was as a heavy and unproductive burden left in the hands of the Nabob: the criminal part belonging to the Nazim or military governor ; the civil, to the Dewan or fiscal governor.* The result was that for a time the course of justice was suspended, the tribunals being without authority against the masters of the country. And "under the ancient government," says the native Mr. Mill," the English, as well as other European settlers, instead of demanding payment from a reluctant debtor through the Courts of law, seized his person and confined it, till satisfaction was obtained. Nor was this so inconsistent with the spirit of the government as often to excite its displeasure. It was indeed a remedy to which they were not often obliged to recur, because the profit of dealing with them generally constituted a sufficient motive to punctuality. After the power of the English became predominant, the native Courts ceased to exert any authority over Englishmen and their agents." The loss of all title to independence, and the transfer to the Company of a right of ultimate control over those Courts, were not * Mill's History of India, Vol. III, p. 363. † Ibid, p. 370. II. likely to increase their authority at least over LECTURE Europeans. agency in justice till 1772 under su But, nevertheless, the administration for the most Native part of the revenues, and still more of civil jus- civil tice, was conducted through native agency till the retained year 1772. The country in the neighbourhood of pervision. Calcutta, of Burdwan, Midnapore, and Chittagong was under the superintendence of the Company's European servants. But the remainder of the provinces, usually called the dewanny lands, were left under the immediate management of two native dewans, one stationed at Moorshedabad, and the other at Patna. It was not thought prudent, either by the local Government or by the Directors to vest the immediate management of the revenue or the administration of justice in the European servants. It is doubtful whether the Europeans at that time possessed sufficient knowledge of the civil institutions and the interior state of the country to qualify them for the trust. pany's si thereof. A resident at the Nabob's Court, who inspected The Comthe management of the Moorshedabad dewan, and pervision an officer of similar position at Patna, who superintended the collections by a native of rank of the province of Behar, maintained an imperfect control over the civil administration of the Company's * See 5th Report of Select Committee of House of Commons, dated 28th July 1812, and 2 Harington's Analysis, p. 2, note. II. LECTURE grants; while the zemindary lands of Calcutta and the 24-Pergunnahs, and the ceded districts of Burdwan, Midnapore, and Chittagong, which at an earlier period had been obtained by special grant from the Nabob of Bengal, were superintended by the covenanted servants of the Company. Authority of native. dewans. Supervi sion extended. Mohamed Reza Khan was the dewan at Moorshedabad, and Shitab Roy at Patna; and they had till 1769 almost exclusive direction of all details relative to the settlement and collections of the districts in Bengal and Behar, and therefore over the administration of civil justice; under the superintendence at their respective head-quarters of a European resident. The work of supervision thus commenced was gradually gradually extended until the Company was able to take into its own hands the work which it at first entrusted to the native authorities. In 1769 European local supervisors, in subordination to the two residents, were appointed; chiefly, no doubt, with a view to the revenue, but also in order to superintend the judicial administration. In the next year, 1770, two revenue Councils of control, with superior authority, were appointed, one at Moorshedabad, and the other at Patna. A severe famine raged in Bengal during that year, and led indirectly to the change of policy which at that * 2 Harington's Analysis, p. 6. II. time became visible, viz a more direct and close LECTURE supervision than had previously been considered possible. agency in justice With regard to criminal justice, that also was Native left in the hands of native authorities. Mahomedan criminal criminal law was in force throughout the country, retained. administered by Mahomedan Courts. At first but little alteration was made in the existing system. The same law was continued in force, and the same tribunals were charged with its administration. In the Presidency town* the judicial authorities were:-1. The Nabob himself in all capital cases. 2. His deputy in cases of quarrels, frays, and abusive names. 3. The Foujdar in all cases not capital, judgment and sentence being passed by the Nabob. 4. The Mohtesil in all cases of drunkenness, selling spirituous liquors, &c. 5. The Cotwal, a peace officer of the night, dependent on the Foujdaree. In the provinces the zemindars exercised civil and criminal jurisdiction over their several districts. In capital cases they reported to the Nazim; in others they were practically uncontrolled. The utter inefficiency of this system to ensure protection to life and property soon became manifest. It was probably impossible for the English at once to assume the duty of administering * Beaufort's Criminal Digest, p. 4. |