guilty wolf, the same identical party, in or Mr. Abercrombie Dick may be gulled. Supwhose guilt alone, we have the authority of the posing him to have a correct notion of the Friend of India, for saying, the evil originated. virtues of his native subordinates, still he can A double Government," as our contemporary only answer for his own district; and the observes, is productive of the worst conse generol opinion, which somehow or other has quences, to whatever concerns the "forked taken possession of men's minds, touching counsels" are applied; and we are afraid that the proneness to corruption in the native chaour contemporary's will be found but a double racter, will not be shaken, because Mr. Dick view, of the conduct of a Government, which happens to have lighted upon an honest set would find reasons for justifying the existing of subordinate officials. On the contrary, Government, by throwing all the blame on the people will say that Mr. Dick has satisfactoGovernment of "sixty years since." What rily accounted for the corruption and want is done by Government authority,— -no matter of integrity which exists elsewhere, by very whether that authority be conveyed intention ungenerously monopolizing all the honest naally or by neglect, the Government must be tives in the employ of Government. In other answerable for; otherwise all faith in Govern- words, Mr. Dick's Umlah, in the absence of ment is gone. But our Serampore contempo- testamony to the contrary, must be taken to be rary would actually wish to make the Go- the exception to the rule, and the assertions of vernment of India, worse than that of Tharra-Dwark anath remain still in full force and waddie. That worthy monarch says. that he operation, as to the moral deficiencise of his had nothing to do with the treaty of Yanda- countrymen. boo; that it was inade by a former dynasty; that they who made it were great rogues; they Previously to the Mohomedan conquest, did not consult the good of their country, and the Hindoos were, according to Dwarkanauth as he contemplated a resumption measure, by Tagore, quite a different sort of people, and which many millions of acres were alienated remarkable for the possession of those quafrom the Burmese state, only a few years ago, lities in which they are now so peculiarly deby a set of rogues that he knew nothing of, he ficient. It would be doubtless a source of will have nothing to do with the grant." This, much gratification to all interested in the subwe say, is the language of a brutal barbarian,ject, i. e. to all philanthropic and enlightened who is perfectly ignorant of the regard that is minds, if the sources from whence the Baboo due to the faith of treaties; and so it is. Bat derives his information, as to the ancient mowhat does the Friend of India make the Gorality of the Hindoos, were made public. vernment of India say? Thus ; "we, that is the very same Government that now rules India, acted, by our deputies, like rogues; we ruled this country, by a "double Government," during which the country was cheated and plaudered, and ́ during which we made fraudulent grants, of millions of acres, which grants we have permitted to obtain the sanction of prescription, and transfer, and now, we, who made the deed of gift, will break it." This is the language, which not we, but the Friend of India puts into the mouth of the Government, in justification of the resump tions. If sanctity and morality, cannot teach better discretien than this, who may not now exclaim, save me from my friend!-Hurk. Dec. 7. If the necessary information, the picture of manners, and record of morality, rest in the Sanscrit archieves, to which the learned only have access, it would be a work of patriotism, on the part of Dwarkanauth, to give a version in the vernacular, for the information of his conntrymen, such a work would operate as a stimulus, and with all the force of the example of their ancestors, to work a rapid reform in the native character. If, however, as we fear, the Baboo's are merely inferential find few converts who will record their belief or traditionary, we much fear that he will in the pristine morality and integrity of the Hindoos. The Mahomedan Conquerors were most of them men whose lives were to be admired and whose justice and temperance in conquest were the theme of praise; and it is A discussion is going on in the papers be- difficult to understand why a race of hardy soltween Mr. Abercrombie Dick, the Judge at diery, which the Conquerors of Hindustan Hidgellee, and Dwarkanath Tagore, on the were, should be so demoralized as to break interesting question of the integrity of the down the integrity and independance of the Umlah of the Native Courts. Dwarkanath whole Hindoo population. Neither the Gauls, says his countrymen are wanting in truth, inte the Hans, nor the Goaths, conquered the grity and independance! and Mr. Abercrombie morality of the population of Roman Empire Dick says, that his Umlah are particularly re- of the west. The Turks destroyed no morality markabe for exhibiting the converse of all when they conquered the Greek Empire-they these wants, and the possession, consequently, could find none to destroy, and it was the of integrity, truth and independence. We want of independance, the absence of morawish Mr. Abercrombie Dick joy of his Um-lity and consequent bad and oppressive GoJah; but with all deference to that gentleman, his testamony just goes for nothing at all, as far as the assertions of Dwarkanath Ta gore are to be affected by it. The Umlah of the district over which Mr. Dick presides as judge, or whatever be his office, may be honest, vernment, which paved the way for the Barbarians who overrun the Roman Empire. In like manner, in the abseuce of historical and authentic information, it may be easily supposed, that the rich countries of Hindastan were inhabited by a wealthy, a luxurious, were and enervated and a highly immoral people, whole population, that is, of the greatest num. and that it was from their example that their ber, did not require it. As little reason have hardy but simple conquerers, acquired their the resumptionists to thank their advocates immorality, instead of as we understand Dwar for having recourse to the obsolete and exkanauth Tagore to say, communicating the ploded nullum tempus maxim. It is said that taint to the conquered Hindoos. Tradi- no length of time can interfere with the tions, which prate of the virtues, the Government right to impose necessary taxes. morality, and the courage of a people ex- Nobody disputes that, as a general principle; hibiting a grievous and degrading defiri but in answer to it, it is only requisite to say, ency in each of these qualifications, are that the landholder requires no prescriptive but a suspicious and unsatisfactory basis right not to be taxed unfairly. In England, the whereon to found the assertion, that the ab land tax is a war tax; and let us suppose that sence of such qualities in a population of 80 necessity compels its imposition: let us also millions or so, must be attributed to the evil suppose that Mr. Pitt's scheme for the reexample and deteriorating tendencies of the demption of the land task, is revived; and that proportionably diminutive population of Ma- many landholders avail themselves of the homedan conquerors; and in the absence of scheme, and that, by the neglect, "double authentic historical information on the sub- Government" connivance of the minister of ject, it would be wiser to lay the foundation for the day, the fraud of the registering officer, or the acquisition of these great and good qualifi by any other collusion or fraudulent means, cations for a nation, rather than to seek, infe- many claims of" redemption" were set up, rentially and without data, to point out the we will say " for many millions of acres," and causes through which these imaginary quali that under such claims, these lands fications became eradicated. We presume allowed to continue tax-free, for sixty years, the system of demoralization of the Hindoos, will any Friend of India, “double first," or in consequence of conquest, must have com other resumptionist maintain, that the present menced with Alexander the Great, some hun holders of these lands, ought not to be prodreds of years before the Christian era, and to tected against a measure which would bring judge from the character given to his coun- them within the perview of the land tax enacttrymen by our really excellent fellow citizen, ment? If they would, they will avow themthat the evil must have been progressing ever selves opponents of the very first opinionsafterwards, and have reached its acme at the and authority ought to have some weight with period when the English assumed the De."double firsts," What says Domat? He says, wanny, after which the tide of demoralizati- that prescription is a law of Nature, and he on was turned, and is now rapidly rolling moreover says thusback, under the influence of education, to XVI. Labonne foi nécessaire pour acquérir the realms of ancient king Porus, in whose defeat the evil had its origin. May the la prescription ne se considére qu'en la perplague spot rapidly disappear, and may the sonne de celui qui a possédé, & la mauvaise example of Dwarkanauth Tagore himself, ob- soi de son auteur ne doit pas lui nuire. Ainsi tain hosts of imitators. His example will, celui qui croit que son venduer est le maître we believe, do more for the improvement and regeneration of his fellow countrymen, than will his assurance touching the high qualities of the ancient Hindoos. At least such is our conviction-Calcutta Courier, December 7. If the battle of the resumption question be not won by the arguments of the anti resump. tionists, it appears, that at least it will be lost by those of its supporters. The Friend on one day maintains, that because the Government of India, being identical with what it is now, 70 years ago, by means of agents whom it permitted to commit frauds upon the country, made alienations of many millions of acres which belonged to the state, therefore is the Government entitled now to" come down" upon their grantees, their representatives or assigns. On another day, a resumptive sneers at the principle of the greatest happiness of the greatest number, not perceiving that that, is almost the only plausible ground which the resumptionists have to stand upon. The Government will not thank their advocates for so conducting the cause, for of course the Government must say, "We would not dis turb the happiness of the few, the Lackeraj dars, such as it is, if the happiness of the de ce qu'il lui vend, ne laisse pas de prescrire, quoique ce vendeur fût un usurpateur, We call upon GAUNTLET, as we call upon every advocate of the resumption, up to the Government itself, to answer,-not ourselves, but Domat, on this head of the question; we shall advance to the consideration of another. For the present we shall content ourselves extracting a fable for the pages of La Fontaine; La raison du plus fort est toujours la meilleure. Comment l'aurois-je fait si je n'étois pas né? Je n'en ai point. C'est donc quelqu'un des tiens ; Vous, vos bergers, et vos chiens. On me l'a dit: il faut que je me venge, [Hurkaru, December 8. Government or the resumption of Lakheraj lands are viewed by the native population. The rules by which the rights of occupancy are tested, being considered both severe and unjust, the transfer of these cases from the jurisdiction of the ordinary Tribunals, the appointment of young men under the name of Special Deputy Collectors, to seek out cases of doubtful tenure-men in whom the charecter and interests of informer are combined with judicial powers; the rapidity with which rights of long possession have The Friend of India of the 29th ultimo, been set aside by the zeal of the public fanchas a pretty long article on the subject of tionaries acting under the authority of laws the resumptions. He is surprized that both, admited to be defective; the hasty and the petition signed by 20,000 Landholders, irregular manner in which sum hundred as well as the letter of the Landholders' decrees have been passed in one day, against Society, which is intended to accompany parties alleged to be in default though not it, should be held back from the public, duly served with notice to appear; are not whilst the proceeding of the meeting at which calculated to lessen the sympathy of the they were read, have been published in all native community with the very numerous the papers. The Courier too, has commenced sufferers whom they see every where around playing secend fiddle to the Friend of India, them. and says, in his paper of last Thursday, that The Society is aware, that the harshness the agitators of the question are apparently of the resumption measures is sometimes afraid to publish the petition, which he has excused, on the plea, that exemptions are in heard is a tissue of the most glaring absur- their nature inequitable which relieve one dities and misstatements. Regarding the portion of the people from a tax borne by the Jetter of the Landholders' Society, he says rest, and that therefore one man's land ought it is better deserving of attention. The to pay the Government rent as well as reason for withholding these documents another's. But this argument is not admitted from the public, so far as we have learnt, is to destroy privileges confirmed by former simply this, that the Society wished these rulers of the country, or enjoyed by prescripdocuments to reach the Government officially tion uninterruptedly since 1765; and with before they were carried to it, and to the regard to the principle whether a large estate public through the press. The Society seem paying tax, or a smaller estate paying no to have thought that it would be disrespect- tax, be the shape in which a Government may .ful to the authorities addressed to give have best owed its favors or rewarded meripublicity to these documents before they torious services, there can be no more justice were duly submitted and considered, in the reduction of the incumbent's income and the peculiar circumstances of the case, at a future time, by taxing his untaxed land induced them to adhere to this resolution because other lands are taxed, than if the the more strictly. But as our contemporaries same person had his income reduced in an are anxious to see these papers, we have equal degree by depriving him of his taxed obtained the sanction of-the Society to give land. The argment, carried out to its full publicity to these documents, and they will extent, would deprive the sovereign of all accordingly be found below. The space at power of granting honors and rewards; but our command is very limited, we therefore it is a fallacy altogether, when applied to the cannot, in this number, either enter into their present question. It would effect a change merits nor notice the remarks of the Friend in the relative incomes of the different of India or the Courier; but we shall take an early opportunity of reverting to the subject. classes as they now exist; whereas the true principle of the financier seems to be to leave all incomes in their existing proportions, and if fresh burthens are required for the exigenF. J. HALLIDAY, Esq. cies of the state, so to distribute them as to Officg. Secy to the Hon. the Govr. of Bengal. make them bear upon the several classes accordingly. It might be just, for instace, SIR,-The accompanying petition, to which to take ten per cent. from the rents of a Lacare attached about twenty thousand signatures, kerajder if ten per cent. additional were at including those of a large proportion of the the same time levied upon the talook of an most opulent Zemindars in Bengal, having ordinary zemindar; but while the latter been confided to the care of the Landholders' continues to pay an invariable rate fixed Society, we are desired to request the particu- by the perpetual settlement, no plea of equity lar attention of His Honor the Deputy Go- can disturb the exemption on the former, vernor, to the important matters which it whether obtained by sunnud or by long sufferembraces. ance and prescription. If such doctrines We are desired at the same time to add the are thus allowed retrospective effect, the landunqualified testimony of the Society as to the holder, in Bengal, will cease to have any strong feeling on alarm and discontent confidence in the perpetual settlement itself, with which all the late proceedings of while he sees the interpretation of the contract biassed by a wish to set it aside a con- one of them (perhaps the manager) was sick stant disposition to encroach upon the rights can at the time of receiving the Deputy Collector's summons. The indolence of the native character, combining with the inability of the sick brother to attend to the family affairs, in the perfect confidence of a good title, suffered the month to expire before any steps were taken for the protection of their property, and when shortly afterwards the important document was produced in Court, the party was told it could not even be looked at, for the time allowed him had expired, and the case had been accordingly decided against him by default; and this decision has been Another plea alleged by the defenders of upheld by the Special Commissioner, from these measures, is the importance of the whom there is no appeal except to Her agregate sum said to be recoverable by enforc- Majesty in Council, and that only in cases ing what are held to be the reserved right of of a certain amount. Granted that some Government no less than two crore of rupees necessity may exist for perscribing limitaof annual income ! a plea that would justify tions of time; but those rules must, indeed, be the infliction of individual misery by the wide oppressively severe, which forfeit a man's diffusion and magnitude of it. Report says, estate for a trifling laches, which inflict that however, that although much progress has been punishment for a few days' delay, while the made in the resumptions, and most of the Government assumes to lose none of its large estate cases have already been decided rights, nay, rather to have strengthened them, by the Special Commission, the entire amount by a laches of half a century. It could never hitherto added to the Revenue from this have been intended thus to take advantage source (exclusive of Jagheers and Churs fallen of infirmity, and enhance the number of forfei to Government, which were reclaimable on tures by ingenious traps to catch the indolent very different grounds) after so much expense and unwary. incurred by Government and on infinitely larger expense in various shapes by indivi duals, is only a few lakas of rupees. The penalty imposed in such case by Regulation XIX of 1793, was more consonant with reason. Section 14 of that Regulation provides, that "if the proprietor shall omit or refuse to deliver the writings within the limitted time, the Board of Revenue are em. powered to order the Collector to issue a second and similar requisition to him to deliver the writings by a specific day, and shall at the same time impose such daily fine on the proprietor as they may judge proper upon a consideration of his situation and circumstances in life; and the amount of the fine shall be levied by the process prescribed for the recovery of arrears of reve nue; and if the proprietor shall not deliver up the writings by the time prescribed in the second requisition, the Board of Revenue are empowered to attach the lands and collect the rents on account of Government, until the proprietor shall produce the writings, or the lands shall be adjudged liable to the payment of Revenue. The Petitioners have enumerated many grievances in the mode of prosecuting these enquiries, the unavoidable expences to the parties, which even if successful, many of them can very ill afford, the requisition to attend Courts held at great distances from their homes, and sometimes to follow the investigating officer from one station to another, from Hooghly to Burdwan. They might have added, that under Regulation 3, of 1828, the right of appeal from the inferior Court, is limited for individuals to two months, but for Government to twelve months (appeal to the Sudder Dewanny Adawlut, being by the same Regulation but off altogether on the face of an Act of Parliament still in force, viz. the 21st Geo III. Cap. 70 Sec. 21.) and that, while poverty and despair will deter many from appealing at all in cases improperly decided against them, or deter them from appealing till too late to be heard, it is the practice of the Government Vakeels Again, the liberal and humane Governnever to abandon a suit in which they havement of Lord Cornwallis, assured the people, been cast until it shall have been decided by the superior tribunal, or until at least the case shall have been referred to the special consideration of Government, hence the readiness with which so many compromises at half jumma are submitted rather than incur a ruinous litigation with an all powerful opponent. to "that the recovery of the dues of Government from those lands which have been illegally alienated previous to the 1st December 1790, should be attended with as little distress as possible to the possessors, and to obviate all injustice or extortion in the inquiry into the titles of persons holding exempted lands," says the preamble of Regulation XIX. of 1793, "he has further resolved, that the clams It is within the knowledge of the Com- of the public on their lands, (provided they mittee, that cases have occurred where lands register the grants as required) shall be tried have been forfeited though the occupants in the Courts of Judicature, that no such were possessed of indisputable sunnuds. exempted lands shall be adjudged to the Two brothers had a joint family estate, and 'payment of revenue until the titles of the The humane and just Government of Lord Cornwallis, legislating in 1793, did not disturb possession if it extended back to twentyeight years, namely, if acquired in Bengal before the 12th Aug. 1765", by whatever' authority and whether by a writing or without a writing" And to ascertain the fact of possession in the absence of any written title, the onus probandi-does not seem to have been thrown upon the occupant. If it shall be proved to the satisfaction of the Court" we quote from the 2d Sec. (first clause) of Reg. XIX of 1793-" that the grantee did not obtain possession of the land so granted previous to the 12th August 1765; or that he did obtain possession of it prior to that time, but that it has been since subjected to the payment of Revenue by the officers or the orders of Government, the grant shall not be deemed valid." Now, however, after a further lapse of 45 years, when no living witnesses exist to give evidence of occupancy previous to so remote a period às 1765, instead of requiring proof that the grantee was not in possession, the incumbent is not even allowed the benefit of any presumption in his favor, though there be nothing to shew that his lands have been taxed at a subsequent date; but the onus probandi, which was thrown upon the landholder of 28 years possession, is made to rest altogether upon the representative of a much longer occupation, and judgment is recorded against him be cause he cannot produce witnesses who are dead. pro prietor shall have been adjudged invalid | a final judicial decree." Here is an assurance of possession undisturbed until the titles of the proprietor shall be adjudged invalid by a regular trial in the Courts of Judicature; and an assurance also that the investigation shall be conducted in a way to obviate all in justice or extortion in the enquiry. But how have the letter and the spirit of these as surances been observed. Instead of the Courts of Judicature intended by the words of Regulation XIX of 1793, a sort of tribunal of first instance has been created, to which the name of a Court of Justice would be al together inapplicable, and though an appeal lies to a more experienced officer (not to the superior Court, as by act of Parliament it ought to be) it is an appeal to a single in dividual, restricted by rules which he is bound to observe; and besides the case comes before him with the evidence got up by the Deputy Collector himself, who is the Judge appointed to try the cause-a Judge of no experience, as little qualified as incliued by his position to give those aids to a poor and ignorant defendent which it is the duty and practice of British Judges to volunteer in protection of persons who have not the benefit of council. And with respect to the assurance against extortion, the course adopted seems to have been precisely that most calculated to create it; and such has been the result. Aumeens are directed to enquire and report; this power of reporting opens a wide field for abuse and tyranny; the holder of Kheraj lands is threatened, that unless he will pay a consideration his lands Government. A measuring Aumeen is then sent to trace will be reported Lackheraj and will under out the lands and, sequester them. He proceeds into the go investigation, the extension of cultivation Mufussil, and finding there generally some descendent in many settled estates gives abundant op- or connection of the person who filed the Taidad, lays portunity for this. The Lackherajdar, on a plan with him and with the police, to make the most the other hand, is induced to give a bribe or of his commission by plundering the people for their a favorable report which avails him nothing joint benefit. The best lands in a village are claimed in the end. The same evils of venality which as Government property, and bamboos are stuck up to this Government merited so much the gratitude of the country for removing when the inland Customs chokees were suppressed, have been brought into play to a more serious extent by the powers given to Ameens in this lamentable inquisition. The grievance here stated, is not a fancied one, it is not a suppositions case, but a true picture of complaints which have been laid before the Society.* Many large Zemindaries in Bengal were in a very unsettled state forty years ago, and especially the immense Zemindaree of Burdwan, which was then in the hands of numerous petty farmers. The Putwaries, the Court Amlah and other their relating and other influential persons, taking advantage of the Government proclamations, filed a multitude of false Taidads in their own names and in the names of their dependants for lands not in existence, or which they possessed, hoping to derive some future benefit from the registration. These Taidads were received by the Collectors without enquiry, and are now Jaid hold of to resume the lands described in them. The mere existence of the Taidads without examination of their validity, would not be admitted as any proof of individual rights, but it is made, nevertheless, the foundation of a summary decree in favor of never not notify the same; but on payment of an adequate sum, just so much as can safely be extorted by these conspirators, the bamboos are removed to other lands, and so on, perhaps, till the whole village has been laid under contribution. If opposition be made, a strong report goes into the resumption officer, distant perhaps a hundred miles and more, in which of course the affair is so represented as to produce a bias against the poor villagers who have little chance of Justice against the villany of such a combination supported by the joint evidence of partties to the plot. The villagers are then compelled to quit their homes and occupations to attend a Magistrate's Cutcherry or to file petitions upon stamp in the Deputy Collecter's Court, which petitions must be supported by proofs that the lands claimed are not ladkberaje. The unfor tunate petitioner is detained some months by this persecution, harassed in mind and spending his money in stamps, Mooktars' and Amlahs' fees and in personal charges, and in the mean time his crops are seized by the Zemindars with the assistance of the police. Even without sequestration, the ryots refuse to pay rent to their Zemindar from the moment he gets into trouble. Conspiracies of the above nature, are favoured by the notices posted up in every village, which invite the Taidadars or their connections to point out the lands they conceive themselves entitled to, and to compound for a perpetual settlement at a moderate jumma, deducting 30 per cent, for malikana (or Landlord's rent.) |