nal. These changes will cost money, and we feel certain another Queen's Court, established at Meerut or Agra, in the north of India, on the most complete footing, and even should another Justice be added to the Bengal establishment, would not entail greater expense. To render the Native Courts fit to try our fellow-countrymen, not only a change in the form, but also in the law, is imperatively requisite. If the Government possessed spirit and energy, it would abolish the Mahomedan law, and draw up a legislative code, founded on the broad maxims of English jurisprudence; at the same time keeping in view and respecting, in some slight degree, the strongest prejudices of the Mahomedans. Mutual satisfaction might thus be insured. Instead of wasting time in inquiries into the working of the Calcutta police, when no beneficial results followed painful discoveries, a committee of the most experienced civil servants of the Company, together with the Justices of the Supreme Court, and Mr. Drinkwater Bethune, the legislative member of Council, might have been employed in the framing of such a code. If the Company could not achieve something better than the Mahomedan law, as modified by its regulations, it is not deserving of such extensive possessions. However defective the result of the labour of such a committee, yet one grand thing would be effected, the abolition of those hateful words, Mahomedan Law. The matter of criminal law would not present

many difficulties. The chief difficulty would consist in the adaptation of the civil law of England to Mahomedan customs. Certainly the obstacles here presenting themselves would, at first sight, appear insurmountable; the principles and rules of action in civil life are so different. We would, however, rest content if the improvements and changes did not extend beyond the framing of a criminal code.

If the influence of Her Majesty's Courts is to be restricted, let some code be devised, which will afford satisfaction to both classes alike. The Digest of Justinian or Napoleon's Legislative Code might be taken as the ground-work to build on. Englishmen would be better disposed to yield obedience to such a law, than to that prescribed by the Koran. Mahomedan law! alas! those two words do grate so disagreeably on the ear. It is universally acknowledged, that it is not the severity of the penalty annexed to the commission of a crime, which deters offenders; but the certainty of its infliction. Therefore, unless the Indian Government achieve an improvement in the general working of its judicial system, few beneficial results will ensue from the organization of an English Digest. If you enact a statute, appointing death as the penalty for larceny, and seldom inflict it, because you allow the feelings of humanity to predominate over all others, this offence will be more frequent than if you had originally awarded

a few years imprisonment as the penalty for the offence, and invariably inflicted it.

It is well known that forgery was more common in England when it was punished with death than now. For this reason offenders relied much on the chance of Jurors being merciful, who, when any extenuating circumstances could be adduced, acquitted the prisoner on the score of humanity. Now, owing to the patch-work contradictory character of the Mahomedan law, as modified by the Company's regulations, and to the discretionary power of the Judge, it is difficult to ascertain what is the exact punishment for any offence. Besides, owing to the shameless villany of native writers, who alter depositions and draw up favourable appeals, (as we have shewn) for the slightest pecuniary considerations, offenders indulge the expectation, that they shall escape scathless. This fact itself will account for the gaols being over-stocked, to say nothing of the eagerness of young magistrates to fill their official records with long lists of convictions. It has been well said, that the civil servants of the Company and their subordinates find more work for justice than all the evil propensities of the natives together. We reiterate, that the framing of the best laws will have little or no effect in preventing crime, unless you make the conviction and punishment of a criminal certain. If you leave but one loop-hole through which a prisoner flatters himself he may escape, the adven

turous will surely run the chance. Though there are ninety-nine chances to one that a man, if he ventures his head in the lion's mouth, will lose it, yet to earn a livelihood, he will risk it.

If the sole object of the Government, in passing these enactments, had been to remove the inconvenience entailed by the removal of prisoners all the distance from the North of India to Calcutta, we wonder that it did not occur to it, that a circuit might be made by one of Her Majesty's Justices. It is certainly strange that the Government, before it took such a dangerous step, as to abrogate rights ensured by the House of Commons to Englishmen living in India, did not hit upon such a simple expedient as that we now suggest. This scheme has the recommendation of common sense, and would not entail greater expense on the Company than the changes and improvements in the Native Courts, which must follow the introduction of these measures.

The Supreme Court establishment at Calcutta consists of a Chief Justice and two Justices. There are inferior officers to preside over the inferior Courts, such as Commissioners. That these men are not oppressed with very arduous duties and are not incessantly engaged, may be inferred from the fact, that they are seldom all in Calcutta at the same time. It frequently happens that Sir Lawrence Peel or the others take a trip of recreation to Ceylon or the Upper Provinces.

F

The Chief Justice of Bombay, Sir Erskine Parry, is the most tiger-hunter in India.

notorious traveller and

Why should not one. of these Justices receive directions to proceed half-yearly to Meerut, and hold assizes there. Let the reader look at his map of India; he will find this cantonment would form a very good site for the Northern Supreme Court. It would be It would be easy of ac cess from all points, and is on the grand road to the Punjaub. If Meerut be not approved of, take Agra, the seat of the Deputy-Governor of the North-west Provinces. A jury of twelve respect. able Englishmen might be empanelled, capable of delivering a sensible verdict. These large cantonments contain several English shopkeepers, and the neighbourhood can boast of many white agricultu rists. Meerut and Agra combined would afford a panel, which would admit of the most desperate challenging. A large bungalow might be hired for the administration of justice at a trifling cost, even if the Government did not erect a capacious Court House. Barristers and attorneys would flock up from Calcutta in the Judge's wake, and circulate money. An interpreter of Hindostanee, to examine native witnesses, would be necessary in such a Court. To render the organization of the tribunal complete, a public prosecutor might be apointed for the Northern Circuit, if the Attorney-General from Calcutta could not be spared. Even though the appointment of another Justice were involved in this question, of