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PAPERS OF LORD METCALFE;
lAXB OOTSKETOIUGSNE&AL O? INDIA, OOYSBNOa OF JAMAICA,
Aim GOTSBHOll-OENXBAL OF CANADA.
IDITBD BT
JOP WHLIAM KAYE,
AUTHOS or THB " |«QgCOP !/>£& MS7CALFE," " THE HISTOBY OF THS WAB IN
: A^CfiLiSrisfAlr,'* &c.
• •• ••»•
LONDON:
SMITH, ELDEB, AND CO., 65, COBNHILL.
BOMBAT: SiaTH, TATLOB, AND CO.
MOOOOLT.
r
ioiii^i ^
TiLObN f«J.NOAT ONd
PREFACK
I BEiitBVE that, in oflbrisig fhe piesent volume to the public,
I am rendering an aooeptable flerrice, not only to those 'who
have been, who are, or who prospectively may be, connected
with the affidn of onr Indian and Colonial dependendes, but
to all who have a common interest in good government and
the administiative efficteney of the empire. But I am especially
anxious that it should be regarded as notUng more than a
fcucieuluB of Selections, for which the Editor alone is respon-
sible, from the numerous public and private papers, left behind
him by the bte Lord Metcalfe. Bearing in mind that these
papers are the growth of forty yea^ of inqesnant official activity,
the reader will not*^.<^ec{- tb find.*wil3i!n ihe compass of a single
volume more tfaan'ceilean spedimens or illustrations, conveying,
it is hoped, a just idea'^f :&*e'chal7aeter of the writei^s public
life and the tenor of hjs epimons,!l(ilt-bnly a faint one of the
extent of his aetivily an^Hke'icii^z&tude of his labors.
I have Evaded the papers into three parts, illustrative of the
three great epochs of Lord Metcalfe's career : firstiy, his earlier
official life in India before he became a member of the Supreme
Oovemment ; secondly, the period during which he sate as a
member c( that Oovemment; and thirdly, the space of time
embraced by his Jamaica and Canada administrations. Under
each of these heads will be found a considerable number and
variety of papers, indicating the writer^s opinions on aU, or
▲ 2
iy PBEFACE.
nearly all, the principal qneetions submitC^ to his conndera-
tion during the forty-five years of his public service. In this
respect there is a completeness about the present collection
which I believe would not have been much enhanced if the
dimensions of the work had been greatly extended.
Except in one or two especial cases, when I have desired to
place beside each other, two or more papers bearing on the same
subject, perhaps illustrating some particular chapter of Met-
calfe's career, the arrangement of the first and the third parts of
the collection is strictly chronological, according to the date of
composition. In the second part I have thought it more expedient
to classify the Council Minutes — ^placing in separate sections the
Military and Political, the Revenue and Judicial Papers; and
so on. The first and third parts have more of autobiographical
interest than the second, for they relate mainly to circumstances
with which the writer was personally and actively concerned;
but perhaps the second part, devoted to minutes written at a
time when Sir Charles Metcalfe's duties, as a member of the
Supreme Government^ involved the consideration of the whole
range of Indian Government, political and administrative, will
be considered of the greatest abstract importance. It is, how-
ever, that which necessarily most imperfectly represents the
extent of Sir Charley Metcalfe's literary activity. The work of
a member of CounciI'i£^*p]bia|!cailjL jJeHi^T^f k, ^^^ the writer
of these papers addressed^ ^igisejfeltrhe^t^'to the consideration
of almost every question t^i cepnefbej&fe him.
With regard to the-^iipra/thAmgelv^s. a few words may be
said. The selection t>f:tbei9'*l|%^:V.^..^fluG^<^d hy various
considerations. I can hardly hope that it is altogether such as
Lord Metcalfe himself would have made, but I have endea-
voured, to the utmost of my ability, to approximate to such a
consummation. It has been my object to impart as much
variety as possible to the collection. Some of the papers are
historical; some disquisitional; some are given for the sake of
the facts, others for the sake of the arguments they contain;
some as illustrations of the character or career of the writer;
PBEVAGE. V
others for their abstract interest or importance. And it may
be addedy that whilst I have striven to make the intent and
purport of the insertion of each letter, minute, or despatch
especially appreciable by the reader of Lord Metcalfe's '' Life
and Correspondence," it has been my endeavour^ at the same
time, so to select and so to arrange the papers as to give to
the present volume something of a biographical character, and
thereby to render it in itself sufficiently intelligible to those
who now for the first time make the acquaintance of the great
and good man who wrote them.
To the accomplishment of this object I believed that the in-
trusion of many explanatory notes was not necessary. The
papers, for the most part^ tell their own story. To have in-
serted much biographical matter would have been to repeat
what I have written elsewhere; and to conmient, either ap-
provingly or disapprovingly, on. Lord Metcalfe's opinions, would
have been clearly an impertinence. These opinions are pub-
lished because they are his; and whether they are mine or not
the majority of readers will not care to inquire. It is hardly
in the nature of things that any two men should concur wholly
in opinion on so large a variety of subjects; but, where difier-
ence arises, there are few who will not mistrust their own judg-
ment on finding that Metcalfe is their opponent. The reader,
at all events, may in every case feel assured that the opinion
expressed is the growth of much thought and much experience;
that it comes honestly and earnestly, from the full heart; and
that it has been maintained throughout a life distinguished by
many great qualities, but by none so much as by its consistency.
Li such a collection as this, altogether to have avoided the
insertion of papers relating to circumstances almost forgotten,
or to systems of government long since exploded, would have
been impossible, if it would have been desirable. The vast
changes which have taken place during the last half century,
in the administrative principles and practices of the English in
India, must necessarily impart something of an antiquarian
chanicter to such a volume as this. But whilst, in a biogra-
pliioal point of Tiew, h is intentting to tnoe the optmons of
the imteTf and to disoem die extent to which he msjr have
been inetmmental in erolving or hRitwrnng the chai^ges of
whifih I epeakt there ib much in those papeie to be reed with
piofit et the present tame; and in otheis axe contaiifeed ksBorn
as per&ient to the prMe&t conjunctine of poblic affinis as
though thegr had been written yesterday. There are, indeed,
many weighty pditical troths incokated in these writmgs of
Lord Metcalfe, die disregard of which has been life with na-»
tional calamity, of which we are only now beginning to fethom
the nttermost depih&
The pqien in this collection have, with one or two excepdons,
been printed from the original dxafts in Lord Metcalfe's hand-
writing, and may therefere be relied upon as wholly and ex-
cbsi'vely his own — a rdianoe not always to be placed in the
published minates and deqMitches of statesmen who have be-
nefited laigely by ministerial asristanoe at diffiient q>ochs of
their career. Two or three of them have been printed, whoUy
or pardyy befoie; but, with these trifling ezoeptionsy the contents
of the volume are now given to the public for the first time.
It should be added that the notes to which no initkls aze
attached are wholly the Editor's. Lord Metcalfe's own are dis-
tinguished by the initials O. T. M.
J. W. KATE.
CONTENTS.
PAET I.
The Policy op Sm Geobge Bablow
Protection of Minor States
Danger of Retrogression
Abandonment of Gohud and Jyepore
Impossibility of Isolation
Etus of False Economy
Inducements to Public Zeal
Lord Wellesley*s System
Tbx Mission to EmmxT Snren
General Objects of the Mission
General Results •
Runjeet's Proposals
Proposed En^ngement considered
Character of Rnnieet Sin^h
His Jealousy of tne Missum
IBa Milita^ Resources
Strength of the Sikh Army
Its JU^ans of Snpport
The Lesser Sikh Chiefs .
Thz Lakd Retenu^ gt Delhi
Past Systems and Early Settlements
Rights of the Village ZumeendftTs
Proposed System
Its probable Results . •
Duty to the People
Advanta^ of Moderate Assessments
Cultivation of Waste Lands
Stimulants to Exertion . •
Judicial Administratigii o? Delhi
Former state of Misrule
True objects of Punishment
Epidemic Crimes . • •
FAOB
1
3
5
6
7
8
9
11
12
13
15
16
17
18
25
26
30
31
33
34
35
36
41
43
47
48
51
58
54
55
57
58
vm
CONTBNTS*
Opinions of Lord HasfcingB
Deficienoy of Eecord
FieTention of Prison-breaking
Equalisation of Fonishment .
G^ral Eesnlts of Metcalfe's Ajdministration
Militant Detbkce of the Delhi Tebbhobt
Fortifications of Delhi .
Elements of Danger .
Advanta^ of Fortified Posts
Fortifications of Loodiana .
Fortifications of Kumal and Hansee
Fortifications of Delhi
Dep6t8 for Stores
Fortresses in the Native States
The Bokbabdxent of Fo&TifDS]) Plaices
The Disaster at Kalunga
Disasters at Bhurtpore and Kumona
Causes of Failure .
Evils of Excessiye Confidence
Contempt of our F^emies .
Uses ofHeavy Artillery
Uses of Mortar Batteries .
Effects of Shelling
Increased Skill of our Enemies
Adionistkation of Hyderabad
Employment of European Officers
Amount of Interference
Hyderabad and Na^re
Letter to Mr. Martin .
Mr. Martin's Views .
Letter to Mr. Swinton .
Village Settlements
Mode of Settlement-Making
Native Influence
Inequality of Settlements
Eesults of the First Settlements
The Minister's Proposals
The Finances of Hyderabad
Character of Chunaoo-Lall
The BuBHBSE War . . .
Excitement in India • •
The Effects of the Nepaul War
Force Eequired .
Moral Effects
BhUET^OBE AMD UlWTB
Question of Interference .
Obligation to the rightful Prince
Usurpation of Doorjun Saul
Ulwur and Jyepore
General Policy •
59
61
62
63
65
66
66
67
68
71
72
75
77
71
79
79
81
83
84
85
86
87
88
89
91
92
93
97
99
99
100
101
103
105
106
107
109
113
115
116
116
117
119
121
122
122
125
127
129
131
OONTEKTS^
MAHBAnA-PouncB . . I
Expected Death of Scindiali . • •
Consequent Measures ...
Thb Ck)DrAOE or India * . * .
Change of Inscription . .
Advantages of Change * • - .
Itui2s POE JomoB Civil Sekyice .
MiSCBLLANSOTTS EXTBACTS TBOM PuBIIC PaPEBS
Insecurity of our Position in India
The Native Army . . ' .
Colonisation . . ' .
Besults of the First Mahratta War .
Extension of Territory ....
Impolicy of a War vith Sind
Dimculff of Dealing with Sindhians
A War with Sind oonoxious to the Home Government
Evils of Extension towards the Indus * •
MiSCEIJAlVBOTTS EXTBACTS PBOM ^BIVAIE LeTTXBB
Begnlar and Irregular Troops
" Lord Comwallis's School *'
Military Men in Civil Employ .
Reform of our System of Government
Native Aj^ncv
The Mutmy at Barrackpore .
Allowances of the Hydeiabad Eesidency
Irregular Horse
Effects of the Siege of Bhturtpore
Appointment to me Supreme Council
Anairs of Bajpootana-rNon-Interf erence, &c.
IX
PAOB
132
133
133
135
135
139
140
143
143
144
144
145
145
156
147
148
148
149
149
150
150
150
151
152
154
155
157
157
158
PART 11.
Inlitan QTouncil 4Dn(nutes.
Machihbbt op Indian Govebnxbnt (Introductory "Ba^)
Frecariousness of our Power '
Duty towards the Governed
European Settlers
Kiiups and Company's Establishments
Ee^Lction of Taxation .
Administration of Justice .
Native Asency • .
The King^s and Company's Annies
Qoestion of their Amalgamation
The Local Governments .
Seats of Government
BEIEBeE 07 OtTB INDIAN EliFIBJS
» Iffecta of Extension . .
161
162
163
164
165
167
169
170
172
173
174
177
178
179
C0HTSHT6*
DiBtribuiioii of the Miliiazy Force
Our Sjstem of Goyenuneat
Temper of our Govemors
Necessity of an Efficient Anny .
Causes of its Increase
Permanent Increase
Power of the Native States
GOHSTITnTIOK OF THE InDUH AJUCT
Opinions of Lord William Bentinck
Sources of Danger
Danger from Foreign Enemies
Danger of IntemaTReyolt
Danger of Increased Enlightenment
The mtive Army
Officering of the Armj
Proposea Abolition of tiie Bombay
Malay Troops
Irregolar Coips
Preparations for Invasion .
Best Means of Meeting Danger
DntBIBUTION 07 THE InDIAK ARXT
Advantages of Concentration
Local Protection and External Defenoe
Insofficiency of our Army
Aimy
SUXTET Of THE InDVS .
Designs of Eussia in the East
Probable Line of Advance .
Evils of Interference beyond the InduB
Jealousy of the Native Princes
COMHERCIAL AgEKCT AT CaUBUL .
Inexpediency of its Establishment
Sir Charles Metcalfe's Foresight {Note)
Affaibs of Htderabad
Early Connexion with the Nizam
Death of Meer AUum •
Keign of Chundoo Lall
His Extortions
European Superintendence
Bevenue Beforms .
Village Settlements
Their Besults
Cost of our Interference
Intibfebence and Non-Intsbfebence
Duty towards the Native States
Arguments against Interference
Biues for our Guidance
BUBSIA AKD Pebsia :
Inexpediency of Interference
The Persian Mission
. 180
. 181
. 182
. 183
. 185
. 187
. 189
. 191
. 19«
. 193
. 194
. 195
. 197
. 198
. 199
. 201
. 202
. 203
* 905
. 206
. 207
. 208
. 209
. 210
. 211
. 213
. 215
. 216
. 217
. 218
. 218
. 2L9
. 220
. 221
. 223
. 224
. 225
. 227
. 229
. 230
. 231
. 235
. 237
. 238
. 241
. 243
. 245
. 246
. 247 .
CONTBHTB. xi
PAOS
In>iAK Liin) ItBTENUE . • ... . .249
Definition of Land Eereniie . . • . . 849
Eidd Assessments and Village Comnumities • . . 251
Proprietary Tenures • • . 253
The Permanent Settlement of Bengal .... 253
Pbotbietabt Bights • • . • • . 255
Question of Ownership of the Soil . . .256
Amount of Assessment • • . • . 267
Efutwar Bights . . . • • .258
Different D^criptions of Bjuts • . . . . 259
Begolation-Proprietors ...... 260
Bevenne Surreys . • • • • • . 262
LoKG Leases . . . . . 264
Assessment of Land yielding Tihtable Firodaoe . 266
JuBXSDicnoN 07 THE Cbown CotBTs .... 269
Necessity of a Controlling Power ... . . 271
Erib of conflicting Authority : . . • . 272
Uncertainty of the Law . . • • • . 273
Constmctive Jurisdiction • • • . . 275
UsuiTAtions of Authority . . . • • . 277
Liability of Europeans •••••. 281
Non-Liability of mtiyes . • • • . . 283
Proposed Amalgamation of the Buddur and Supreme Gouts • 286
Naxite Jxtdoes . . . . • • • 287
Principal Suddur Aumeens . • » . . 287
Qualincation for Minor Judgeships . • . . . 289
AaaUTIOn OP THE PBOTUrCIAL COUETS .... 290
District Judges . . • • • • . 291
Suddur Court in North-West Provinces . . . 292
Ua OP English Lahguage IN Comofl Of JuflXiOB . . 293
lCi8CELLANE0tj»— Oppicbsing OP THE iNBiAir Aunr . 295
Want of Officers 296
Officers on Staff Employ . . . • .297
Systems proposed . • ... • • . 298
IBienefits of proposed System . . . . .299
Acceleration of PromotiflB • • • • • 301
Begimental Allowances • • • • . 303
Boon to the Army ...•».. 304
"KVZZITEANa"— TaX0NS17CG£88I0K • • • .305
. Alienations of Bevenue . • • • • • 307
Proposed Measures .;•••. 310
OanrsxiON OP GoYEBNMEST SsKfiim WITH m Pbms • . 311
Preedom of the Press . . . . • .312
Tee Goyeknoe-General AND HIS Council • • • • 313
Nomination of Vice-Presidents . • • • . 314
Powers of the Goyemor-G^iani • • • • • 316
The Supreme Council .«•••• 316
Departmental Duties • • • • • • 317
Bight op Adoption . • • • • . .318
Hindoo and Mahomedan Law • • • • • 319
xu
G0NTBNT8.
PART III.
<ZD((Ion(aI. 9(ftpattjfteft.
Ok TitE Condition op the Island, op Jajcaica
Enumcipation of the Slaves . .
Masters and Laborers — ^Eeut fmd Wages
Laborers' Settlements
Liflnenoe of the Baptist liissionaties. .
The Stipendiary Ma^trates
On the Social Condition op the Pboplb .
The Governor's Tour
Deterioration of Property
Want of Labor
Labor and Rent
Laborers' Settlements '
Lifluence of the Baptist MiflsionarieR .
State of Property . . .
Want of Labor— The Emigration* Question
Thriving Conditon of the readantiy
Evils of Party Spirit .
The Labok Question .
Independence of the Laborer .
Progress of Reconciliation
Wages and Rent
PeeUng towards the Mother Country
The Stifendl&bt Maoistsates
Expediency of their ^pradual Absorption
Effects of their Apj^mtment
Spirit of the Laboring Population .
Effects of a gradual Reduction of Magistrates
The Govebnor's Salast ...
Its Amount
Expediency of Consolidation and Abolition of Fees
Repokses op the Judicial System
Vice-Chancellor and Assistant Judges
Chairman of Quarter Sessions
The Jamaica Bar . «
Advantages op Conciliation*
Inexpediency of disallowing Local Acts
Evils of a Ruptura , . •
Improved Public Feeling .
Imperial Interference
Constitution op the Local Govebnment
The Coimcil
The House of Assembly
The Constituency ^
PAOS
. 331
. 322
. 323
. 324
. 325
. 327
. 329
. 329
. 330
. 331
. 332
. 335
. 337
. 338
. 340
. 342
. 345
. 348
. 348
. 349
. 350
. 351
. 352
. 353
. 354
. 355
. 358
. 359
. 359
. 360
. 364
. 364
. 365
. ^66
. 367
. 368
. 369.
. 371
. 372
. 373
. 373
. 375
. 376
COKTENT8.
xm
The Law Officers • • . .
BiBtribation of Patronage
Independence of the Axemblj
Pbison DiscmjNB . . » . .
The Separate System
Classification of Prisoners
Health OP THE Tboops
Arrangements for their Location on High Qround
Bavages of the Yellow Perer on the Plains
Mortality in the 82nd Hegiment
Sanitary Measures . • . •
ReSIOVATION 07 THE GoTBBJVKENT OP JAMAICA
Work Done ....
Work to be Bone
Akswsbs TO Jaiiaica Addbssses
Answer to the St. Catherine's Address •
Answer to the St. Anne's Address .
Answer to the St. Thomas's Address
Answer to the Missionary Presbytery's Address
Answer to the St. George's Agricultural Society's Address
Canada— State op Parties
The French-Canadians .
The Eeform Party •
The Gonservatiye Party
Difficulty of Neutrality
The Stmbic op GoTEBincEVT
Policj of Lord Sydenham
Admmistration of Lord Sydenham
Responsible Goyemment
Lord Durham's Views .
Union of the French and Reform Parties
Eyils of Party Goyemment
Rupture with the Council (Note)
Resignation op the ExscuTiyE Council
Motiyes and Causes
The Patronage Question
Rage for " Besponsible Goyemment"
Arrangements lor a New CouncQ
Charges against the Goyemor-General
Oyertures for Reconciliation
EfPECT OP Ibish Agitation on the T&anqxjillitt op Canada
Repeal Agitation ...
OrangeLodges ....
DlFPICULTIES OP THE GoyEENOE-GENEBAL's POSITION
Rzsxtlt op the Genebal Election
Licidents of the Election •
Contending Parties ....
The Contest for Montreal
The Contest for Quebec
PAOK
378
879
380
382
383
384
385
386
387
388
389
391
392
393
395
395
396
399
400
401
404
405
406
407
409
411
, 411-
413
, 414
, 415-
, 416
417
. 421
. 422
. 423
. 424
. 425
. 427
. 429
. 431
. 432
. 433
. 434
. 435
. 437
. 439
. 440
. 441
. 442
XIV
OOHTBVTB.
Goyemment Saooeas in Upper CanadA .
Triumph of the ConserratiTe Party
OV THE DlFnCULTT OP EOBMINO AV AilHUil8'£BAT10H
Want of a Solicitor-General for Loyer Canada
Contemplated Beaignation
State of Pasties ik 1845
The French-Canadian Partj
Influence of the Boman Oafhoiie deny
The Opposition Party in Upper Oman
The Supporters of Govemment •
The Irish Boman Catholics
Want of Inducements to Public Li£B
The L^;islatiTe Assembly
Evils ofParty-distractiona .
SjBSIGKATION 07 THE GoYEBHOE-GeNEBAIi •
AvswEBs TO Addbesses •
To the Town of Nil
To the Township of ^^cai
To the Ottawa District
To the Brook District, Canada Wert
TAOM
443
445
446
447
448
449
4S0
453
454
455
457
459
460
461
468
465
465
466
469
470
Appendix
Giossabt
473
477
EEEAXA«
Pages U and 42, for " bauicA,'* raad '^bantek/'
Page 54b line 7 (introdoctorj noid),/&r "term of his i
fwd ''term of the sentenoe."
Page SSSf line 3 (introdoctoiy note},/w ** under his eofflmaod,"
read " under his charge."
ABSTRACT OF LORD METCALFE'S OFFICIAL CAREER.
iThs annexed List of the difereni Ofices held by Lord Metcalfe, and the date*
of hie appoinUment to them^ may be utefitl to the reader, a* indicating the
potition which he occupied, at different periode, when he wrote the following
papers, and in some degree the circumstances under which they were com-
posed,']
Assistant to the Eesident at Sdndiah's Court .... Dec. 31, 1801.
Assistant in the Chief Secretaiy's Office Oct. 4, 1803.
Assistant in the GoTemor-General's Office (partly in de-
tached employ with the Commander-in-Chief) .... April 3, 1803.
Employed under the Commander-in-Chief on the abolition
of the Goyemor-General's Office , 1806.
Eirst Assistant to the Kesident at I>e]hi Aug. 15, 1806.
£nToy to Lahore Aug. 29, 1808.
Deputy-Secretary with the Goyemor-General .... July 15, 1809.
Acting-Resident at Sdndiah's Court May 15, 1810.
Resident at Delhi Feb. 25, 1811.
Pblitical and Private Secretary Jan. 29, 1819.
Resident at Hyderabad Dec. 26, 1820.
Resident and Ciyil Commissioner at Delhi, and Agent to
the Goyemor-General in Rajpootana Aug. 26, 1825.
Member of the Supreme Council of India Aug. 24, 1827.
Governor-General of India March 20, 1835.
Licutonant-Govemor of the North-Western Provinces . April 13, 1836.
Retired from the service of the East India Company . . Feb. 21, 1838.
Governor of Jamaica (sworn in) Sept. 26, 1839.
Governor-General of Canada (sworn in) March 30, 1842.
Bom Januaiy 30, 1785. Died September 5, 1846.
SELECTIONS
PAPEKS OF LORD METCALFE.
PART I.
THE POLICY OP Sm GEOBGE BABLOW.
[With, the exoeption of a memorandam written in 1804, rdstire to the
advantages of locating a proposed subsidiaiy force at Kotah, and pnblislied
in Ills Memoirs^ the following is the earliest political document of any im-
portaace to be found among Lord Metcalfe's papers. It was writt^ in
1806, at the age of twenty-one, when he was attached to Lord Lake's army ;.
and seemingly drawn np for the perosal of his fiither. Embodying as it
does, m clear, forcible, bnt not always Tery official langoage, the views of
the WeQesley School, it illnstrates, in a very remarkable manner, the early
political development of the old race of Indian civilians. The Elphinstones
and Metcalfes— the Jenkinses and Adams— of the first years of the present
centmy were ripe Indian statesmen at an earlier age than that which is now
fixed for the first entrance of the new race into the pnUic service.]
Sib Geobge Bablow has determined, from some motive?
T^hicli he dengnates ^^ the fundamental principles of his adminis-
tration/' to withdraw from all connexion and alliance with the
states situated west of the Jumna, and to get rid of all our pos-
sessions west of the same river, with the reservation of a strip
of land along its western bank of a few miles' breadth. This
B
2 THE POLICY OF SIB GEOBGB BABLOW.
determination has been so powerful as to supersede every
other consideration. The advantages of increased resources,
the military strength of our frontier, and even our reputation,
is sacrificed to it. To every argument that has been urged to
dissuade the Grovemor-General firom this determination, the
same answer has always been given : ^' It is a fundamental
principle of my administration, and to this all other considera-
tions must yield."
If the Jumna was a river of such depth as to form a boundary,
some reason might be supposed for making a boundary of it.
Bat the fact i^ it is everywhere fordable in all months except-
ing those during which, in common with it, every rivulet
swelled by the rains is impaa?able. The lands to the west are
as fertile, the people imder good government would be as quiet,
and the states with whom we have alliances are as good as else-
where. What magic is it which shall make one bank of such
a stream the object of dread and aversion, when the other is
everything desirable ? Why should an alliance on one side be
useless, when on the other it is 8aluta];y ? Why should in-
flu^&oe to the right be dangerous, if to the left it is power and
safety? Sir George Barlow in his closet, looking at a map,
sees a Uaok line narking the coarse of a river; he draws his
pencil along this line, and says, ^ Thus fiir shalt dioa go, and
BO farther;" and this forms a fundamental principle. I can
fancy no other cause for his astonishing determination to keep
nothing that he can get rid of on one side of the imaginary line.
But he may as well set his chair on the sands of the sea, and
order the waves to stop ; for the influence of Britain will roll
in spite of him beyond the Jumna, or else the Atlantic Ocean
will be the Jumna which shall separate the states of India from
the British Empire. This inflexible rule looks too much like a
government of straight lines; it looks like a government which
decides political questions by examining maps in a closet, with-
out attention to the knowledge which is to be acquired by an
extensive view of the whole field.
Sir George's fundamental principle in this policy is, perhaps.
. PBOTECTIOM OF MniOB BTATE8. S
put of that general principle at tlni moment in fiiTor ^th our
inferB, of withdxairiiig from all external oonnexions, and con-
fining OUT Tiews to the goronment of our own territories. It
18 anerted ihat our force will dras be concentrated, our power
compact, and omr empire at peace. Wovdd the human body
be more Tigoroos by the applicaticm of an axe to its limbs?
Would a ddlfiil auigeon, in order to increase its strength, cut
off an arm ? It is as wise to throw away the power and
influence whidi we actually possess west of the Jumna. That
power and influence I believe to be an arm to the British
Empire, which may be exercised with important advantage*
The treaty of peace with Holkar, bad as it is, has left us in
ponession of the acknowledged supremacy in Hindostan^ and
has libented from Mahrattfi extortion and oppression those
states which are under our protection.* The protection of
these states against the Mahrattas (and ihere exists no other
power against irfiich we can be called to protect them) can
be no encumbrance. The relinquishment of all claims upon
them being acknowledged by the Mahrattas in treaties, they
would certainly refrain from attacking iheax unless tiiey were
prepared to engage in war with us; and if they are willing to
incur this riak, they may as soon make an incursion into oux
territories as upon our aUies, or break any other artide of the
treaty. Nothing can be easier than to keep those states quiet
with each odier; say but the word> and they will be stilL Of
this I have no doubt. Their confirmed habits of restraint and
dependence make it certain.
The assertion that these alliances are no benefit to us is not
tone. They foarm a large extent between the Mahrattas and us.
Under our influence tiiey are good neighbours. They make a
good military frontier, b the event of war with the Mahrattas,
hostilities are carried far from our territories, and we still enjoy
* The mjacbief of this treaty has poora^ &o^ to Holkar, the aban-
been completed by the Govemor- domnent of the Bajahof Boondee to
Qc&ezal's subsequent acts, by the Hoftar's revenge, and the luptore of
g^ataitoas oeaomi of Tonk Bam- the treaty of Jy^porsw— €. T. M.
b2
4 THE POUOT or BIB GEOBGE BABLOW.
ihe advantages of a firiendly countiy in our lear. Tliefle
alliances affi)id us all the benefit which is derived from influence
and supremacy. Weak as Holland is, surely France derives
advantage firom her influence over it. Hers is an influence by
usurpation; our influence over these petty states is one of their
seeking, and one which they will not resign as long as they can
keep it. A proof of this is that the government, in order to
get rid of the alliance with Jyepore, sets up a right, ialse, I think,
and unjust, to dissolve it; and proposes to persuade the Bajahs
of Bhurtpore and Macheree to resign their alliances with ua
by ofiering considerable territory to them.
The most important advantage to us from these alliances is
the preservation of these countries from the Mahrattas, and the
consequent diminution of Mahratta power, influence, and
resources. India contains no more than two great powers,
British and Mahratta, and every other state acknowledges the
influence of one or the other. Every inch that we recede will
be occupied by them. It is a new species of policy to increase
our own strength by increasing the power of our rival and
natural enemy. Suppose England to have an established in-
fluence over Holland, would Ministers glory in their wisdom if
they withdrew that influence and threw Holland necessarily
under the oppression of France ? What is it that should
make political wisdom in this country so opposite to what has
been considered wisdom in Europe? I have occarionally heard
something of a commercial policy belonging to the Company
separate from its interests as a sovereign state. Without Al-
tering here into the question how &r the Company may have
benefited by becoming a potentate, and granting, without dis-
cussion, the full justice of all the lamentations which are uttered
on this subject by many worthy directors and proprietors, I
must be allowed to say that it cannot now be helped — the
evil is done. Sovereigns you are, and as such must act if you
do not mean to destroy the power of acting at all, to demolish
your whole corporation, your trade, and your existence. Exe-
crate the memories of Clive and Watson, and those who first
DANOEB OF BETBOOBE88IOK. 5
brought you from the state of merchants. Bum them in effigy,
hang their statues, and blast with infamy those male&ctors.
Your progress since has been inevitable, and necessary to your
existence. ^^ To stop is dangerous, to recede is ruin/' said Lord
Clive at an early stage of our power. We have arrived now
at ihat pitch that we may stop without danger, but we cannot
lecede without serious consequences. We have been made so
strong that the idea of ruin cannot enter into my mind, and we
may lose conaderable strength without immediately feeling the
leas. This, however, does not make it wisdom wilfully and
wantonly to incur that loss, and to impair that streng&. This
does not make it wisdom to give power and resources to those
who are our rivals, and will be again, if strengthened, our
enemies. I find that I have entered on a subject that is too
extensive for the purpose with which I commenced these notes.
I repeat, you are, in spite of yourselves, sovereigns, and must
be guided by those rules which the wisdom of the world has
applied to the government of empires.
I have heard much of the vicious consequences of the spirit
of ambition and aggrandisement which has sullied our cha*
xacter; I have heard, I say, much of this, but have seen nothing
either of the vicious consequences, or imaginary causes. That
our power, reputation, glory, have been aggrandised, I cannot
deny. They have been proudly and Hobly aggrandised. I
have also heard much of a charming notion of keeping our
place in India and our tranquillity by a new system of gene-
rodty, moderation, and innocence.
This system, literally pursued, would be to give away as
much as we can, to keep as little as we can, and to be as weak
as we can. This is nonsense. To trust for tranquillity not to
our power and influence, but to our moderation and innocence,
IB pretty in theory, but would be very foolish in practice, par-
ticularly applied to Mahrattas. To meet their ambition and
enterprise with the language of peace, would be to preach to
the roaring ocean to be still. For our security, we must rest
upon our strength. Leave us as we are, but do not, by false
6 THE POUOT or snt OBOBas maslow.
and Bew doctrinei, diminiA the strangth wUdi we
Let ua not cutabliah maxLins wludi aie eondenaied bj the hk-
toiy of all ages. Our empiie in Indm is thI, and mnat be
managed in ibe way of other enqiirea. We must exist as a
gieat state. Without croaking, it may be obsenred that our
government is upon a dangerous ejq>eriment| and we may have
cause to repent of the operation ol the new pnncipleB. They
hare done no good yet The assertion that we hare been
immoderate and aggroBoive is very untrue. We have, I am
surei been more moderate than any state pbM)ed in the same
ciroumstances ever was before. I will be oontent to hare this
question decided by the natives of this country.
I do not like, in the eiieting policy, the incUnatton erident
in the Governor-General's despatdies to reduce every qnes-
iioa to the consideration of mere expediency» and to give no
weight to character and honor; to put out of view our proud
pre-eminence, and to act as a petty, weak, temporiang stata
This is carried so far, and all objections are made so trifling
when immediate convenience duects, as to amount in some in-
stances (vide the despatches which assume the right to dissolve
our alliances with the Bana of Gohud and the Bajah of Jyepore,
without the consent of those allies), in my opinion, to a positive
breach of fidth. This policy, at leasts operates to the injury of
our reputation. The native powers of India understand the
law of nations on a broad scale, though they may not adhere
to it; but they are not acquainted with the nice quirks upon
which our finished casuists would dnw up a paper to establish
political rights.
Our name is high, but these acts must lower it And a
natural consequence is, that we shall not again be trusted with
confidence.
I would wish to see our government feelingly aUve to points
of honor, and less tenacious of questions of argumentative
light I would wish it to act in cases^ such as the two men-
tioned, more according to the expectations which the native
states are authorised to form, than to the letter of our own law.
ZXPOSSXBnJTT 09* ISOiiJJTION*
We aeiqr find a jqglifieation on aoeh qaostioiui in aotte
of our oim books^ but £br ihe impcurtant puipoee of repoftatiQii
it IS reqakite that we should be justified in tiie nund of India.
In the cases^ howererywhichlhavementioned^weaie justified^
I think, nowhere. The aigumenta adduced aie faike (partifiii*
larly on the Gbhud question), and it would not be diflSwilt to
OTerthzow than by a j^ain stataaauat of &ct
The Gbvemor^Gieneral, in some of his deapafohcB, diatinetly
says that he oontemplaftes in the discard (tf the native pow«»
an additional sooite of strength; and, if I am not mirtaVcn^
some of bis plaas go directly, and «ra Ju^fued to foment dis*
cord among those states. To foment disooid seoxis to me
barbaious» unwarrantabte, and monstious; and enen to contem-
plate in it any source of strength is unworthy of our pre-
eminent station. Such a poli^ at best can only be suited to
petty estates. Applied to our empire in India it is extremely
i^thy.* Lord Wellesley's desire was to imite the tranquillity
of all the powefs of India with our own. How &ir» how
beautiful, how ▼irtoons^ does this system seem; how tenfold
fair, beautiful, and virtuous when compared with llie o4h»
ugly» nasty, abominable cae.
But I can contemplate no source <^ 8tr»g1ih in the discord of
oontigooui powers* It appears to me that in oar advanced
state of power no great ocntentionB can arise which will not
soon reach and oitoD^e us. It is impossible completely to
insulate ourselves, and we must be sulject to the sasoe chances
which work upon states situated as we are. It is matter of
astonishment that any person can think that it is in onr power
to draw in our arms and separate ourselves entirely fiom the
afiBdrs of India — ^that we can exist, great as we are, without
dependent friend or foe — ^that wars are to londle and rage on
every part of our extensive frontier, and that we shall not be
moved by them. This is a new and, I think, mistaken noticsu
It is our interest, I am sure (leaving out the question of
* Lord WeUesley has censuTed gant reply to the Calcatta address in
tins by anticipai^n. Fide hk de- 1804.--G. T. M.
8 THE POLIOT OF 6IB GEOBaS BABLOW.
morality and Virtue, things not always admitted into politics),
to promote the general peace. It is the only mae way of pre-
serving tranquillity to ourselTes. The acts of the last six months
not only deprive us of the power of preserving peace in India,
but must operate to cause and encourage dissension. I am very
sorry for it.
Our present motion is retrograde ; I shall be happy when our
governors will halt. This study to decrease our influence is
funny. I cannot understand it. For my part, I wish to have
our influence increased. It is generally sought for^ and I am
certain in its operation it gives the most real and fssential
benefit to all chie& and states, and to the subjects of all chiefi
and states over which it is exercised. There is a loud cry that
we are in danger from extended dominion. For my part I can
contemplate universal dominion in India without much fear.
I do not like the determined spirit of penury which is
evident in this administration. Economy in a government is
one of the greatest political virtues, but let the directors think
what they will there may be too much of it if it is too parsimo-
nious. It ceases then to be a virtue, and becomes one of the
most absurd political follies, and one of the worst political
vices. There is, I think, too much of it when it appears to be
the ruling and sole principle of government ; when it is displayed
in every public advertisement and introduced into every secret
despatch; when deductions of pence and farthings are consi-
dered more important than the fate of empires ; in a word,
when the government entirely discards liberality.
'^Mere parsimony is not economy; it is separable in theory
from it, and in fact it may, or it may not, be a part of economy,
according to drcumstances. Expense, and great expense, may
be an essential part in true economy. If parsimony were to be
considered as one of the kinds of that virtue, there is, however,
another and a higher economy. Economy is a distributive
virtue, and consists not in saving but in selection. Parsimony
requires no providence, no sagacity, no powers of combination,
no comparison^ no judgment. Mere instinct, and that not an
INCITEMENTS TO PUBUC ZBAIi. 9
instmci of the noblest kind, maj produce this false economy in
perfection. The other economy has larger views."
In a service like this, which is pursued for an independence,
and to which the wealthy never have recourse, and in which
services cannot be rewarded with honors, merit must be re-
warded by situations uniting credit with emolument. It is in
the nature of the human character to look to a reward. Without
this hope there would be much less of zeal and public spirit than
there now is. Self-love plays its part in our most dimnterested
acts. Every government of the world has instituted rewards as
well as punishment for the encouragement of public virtue among
its citizens; and when a government loses sight of this principle,
it will soon lose the power of rewarding any public virtue, for
all virtue will be extinguished. When a man's conscience tells
him that he has worked hard and merited well, he expects re*
ward.
I look on the consideration of public service or public orna-
ment to be real and very justice; and I ever held a scanty and
penurious justice to partake of the nature of a wrong. I hold
it to be in its consequences the worst economy in the world.
In saving money I soon can count up all the good I do; but
when, by a cold penury, I blast the abilities of a nadon, the
ill I may do is beyond all calculation.
Indeed, no man knows, when he cuts off the incitements to
a virtuous ambition, and the just rewards of public service,
what infinite mischief he may do his country through all gene-
rations. Such saving to the public may prove the worst mode
of robbing it.
Individuals may repeatedly be disappointed, as in all states
some must be, without any extensive injury to the public in-
terests, because the hope which is the incitement remains for
all; but when to withhold reward and distinction comes to be
a system of administration, then the public interests will suffer
injury, incalculable injury. There is reason to think that this
is the case, from the apparent system of this administration.
Its inflexible adherence to its principles of parsimony, and its
10 TH£ POUCT or SIB GBOBOK BAXLOW.
bdaftbg difpkj of theni, laada ns to bdiera tiiat Ebenlitjr m
exduded from Hb footbnkfj*
If ihifl 18 tbD a», we maj tike die liberty of obMning^diat
the piemt goTacmiieiit will not eseite setl, will not cacouage
aUlity, ttid is no friend to enterpciie^ but e Buxe check to all
pnbEc enecgies and spizitY and the coawqnenoeiiBBst be bad.
Diitinct from the fiMites of pajcBunony, but operating with
the same efieet^ is the eoldnesi and want of feeling of die go-
Temment It does nothing with warmth and heart This may
appear to be a fooliah objecdon, but wiU not prore to be so.
Somedung more than oold approbation is required to fioster
great minds— 4he appfobatum dioold be hearty. Men who
perform great actians want to be admired, and are not content
with being approved. Men may serve under sooh a goveza*
ment CGirectlyi bat the good of the state requires that they
should serve zealously. Men will not serve zealously unless
their government is aeabns to do them honor. I venture to
pronounce that this administration will be coldly served. Lord
WeOesley, firom the fire of patriotism which biased in his own
breast, emitted sparks whidi animated the breastB of all who
came within the reach of his notice.
Onr present Governor is too oold in his owncharaeter to give
any warmth to others; and this duumcterisdc of his private
life seems to be a feature of his public administmtion. If the
case could be supposed of a state in which public qpirit and the
whole tmin of public virtues should be persecuted, condemned,
and punished, it is not di£Scult to conceive that public virtnes
would, in that state, cease to exist. And by the same rule it
appean that if these virtues are slighted and n^lected, they
wiU not flourish with the strength and beauty whidi is given
to them by culture and attention.
There are truly great patriots, who, under any circumstances^
wiU zealously labor for the intetests of their ooontry ; but some
uncommon greatness is required to keep them in their righteous
course under such obstecles as have been alluded ta Such, then,
there are; but general arguments are applied to the generality.
and these do certainly require the stimulants of Hope and Am-
bition.
These loose, unconnected notes may serve to conyey to my
fiither some of my ideas on the present admimstration. The
subject is so extensive, that if I continued my observations, I
should swell my paper to an enormous size. I am too lazy to
put what I have said into any decent form; and after all, my
thoughts can be of no importance.
I respect Sir Creorge Barlow, and wish him well; but I
cannot approve the principles which he professes and acts upon.
Lord Wellesley's system was abandoned at an unfortunate
period, when its success was nearly completed. If that system
had been earned into complete operation, permanent peace and
oooaequenl wealth would lunre been in our haiida. The aban-
donment of that system, u an unlucky moment, tiuows India
back into its former state of confhsioB and uncertainty. Our
tranquilEty will again depend upon the will of either Sindhiah,
Holkar^ or Bhoonsla; and our only hope of the continuance of
it rests upon the notion that those chiefs, angly or united, will
nerer daie to risk a war with ns. I hope, as madtk aa any man
can, that the dread of our valor will alwap operate upon them;
but I am convinced that an increase of their strength and in-
fluence, and a diminution of our own, are not the best means
of keeping alive their consciousness of our superiority.
12
THE lOSSIOK TO BUK J£ST BDTOH :
THE MISSION TO EUNJEBT SINGH.
[1808.9.]
[The despatches written hj Mr. Metcalfe, during his mission to the
Punjab, in 1808-9, are so nnmerons, that the extracts made from them can
bat faintly illnstrate the extent and importance of the collection. Two of
the most comprehensive letters in the series have, however, been selected—
the first expounding the young envoy's views of the policy to be pursued
towards Bunjeet Singh, and the other entering into a detailed account of
the resources of the Sikh ruler. And when it is considered that they were
written at the age of three-and-twenty, they will, I think, be regarded as
veiy remarkable State-papers. A sketch of the drcumstanoes under which
the mission was sent, and the objects to be attained by it, written some
years afterwards* by Metcalfe himself, is prefixed to the letters J
The objects of the mission to Runjeet Singh were to nego*
tiate a defensive alliance^ and concert measures for the protec-
tion of the Punjab and the British possessions in India against
the apprehended invasion of Napoleon Bonaparte. This mis-
♦ In answer, I believe, to the fol-
lowing questions put to him by the
Chief Secretaiy, m 1814, at the re-
quest of Lord Mastings, when Met-
calfe was in the Governor-General's
camp:
"What led to the mission to Kun-
jeet Singh P
"What were the demands made
by us on Bunjeet Singh, and what
the ^unds of those demands ?
"How were those demands met
by Runjeet Singh P Were they dis-
puted, and on wnat grounds P
'' What was the final settlement,
and the grounds upon which it was
concludedP
"Did that settlement expressly,
or by implication, restrain the British
Gk>venmient from extending its power
beyond the Sutlej P
" Did any of Mr. Metcalfe's de-
rtches comprehend a general view
the neffotiation and settlement P
" What were considered the ad-
vantages of having the Sutlej, instead
of the Jumna, for our boundary in
that direction P"
ITS OBJECTS AND CHABACTEB. 13
slon was simiiltaneous with another sent to Giubuli with nmilar
views as Telating to that oountiy.
In the fibrst instance we made no demands, l)nt merely pro-
portions for an intimate alliance for the purpose above men-
tioned.
Our propositions were met by the most stiiking display of
jealousy, distrust, and suspicion, and by immediate endeavours
on tiie part of Runjeet Singh to complete tiie subjugation of
the countiy between the Sutiej and the Junma, to facilitate
which he endeavoured to take advantage of the presence of a
British mission to his camp, and for a time succeeded in that
The character and the ambitious views disclosed by Runjeet
Singh induced a change of policy on the part of the British
Government. The expectation of making a friend of him was
abandoned as vain, and it was determined to restrain him in
that quarter in which he might be considered most dangerous
as an enemy.
Up to tUs period the Britbh Grovemment had not resolved
to take the Sikh chiefs between the Sutiej and the Jumna
under its protection, neitiier had it ever pledged itself against
doing so. Runjeet Singh had been allowed to make great
strides towards the subjugation of their country without oppo-
sition on our part. All their applications for succour were
neglected; and when tiie British mission arrived in Runjeet
Singh's camp, several of the principal chiefs in question were
there in compulsory attendance on him, as if he were tiieir
sovereign.
When the British Government determined to check the
extension of Runjeet Singh's power towards our own frontier,
the demands made were^ that he should relinquish all preten-
sions to sovereignty over the remaining chiefs between the
Sutiej and Jumna, and evacuate all conquests between these
rivers made subsequentiy to the arrival of the British mission
in his camp. He was not required to abandon the territories
between the Sutiej and Jumna prior to the arrival of that
14 THB XUaiOH TO EDVJXBT BIVOH:
miflaion, nor to xanstste chaob ^pimaodj digporteaied ; bat it
was demanded that he should not aend any aimy to the left
bank of die Sotlcg, and that he ahould not xetain in hia poaaea-
aiooa in that quarter more troopa than might be indiiyenaable
for internal duties. It vras at the same time intimated to him
diat ive intended to eatabliah & poat ai Loodhian^i and take
the ehiefii and the comitiy wad&c oor protection.
Theae demanda wen diluted by Bvnjeet Singh, on the
gronnd that he had spent Uood and treasure in aduering the
eonqoest.of the country between llie Sutlej and the Jumna
for fseveral years, during which we had yirtually acknowledged
his light by our abstinence from remonstrance or complaint
He admitted that at the termination of the Mahnattft war, if
we had planted a post nt Loodhiana, he should have acknow-
ledged our right to do ao aa the anceeasora of the Mahratta
power; but he denied our right to xeviTo at pleaanie an obso-
lete claim, which he had satisfied himselfj fiom oor oondnot,
we had entirely relinquished.
The final settlement was tlie entire accomplishment of our
demands; to which Runjeet Singh prudently yielded after a
long struggle in n^otiation, and every prapar»tkm for re-
sistance.
That settlement, either expressly or by implicalaon, re-
strained the British GoTemment from interfoing with Runjeet
Singh's dominions, subjects, and dependants beyond the Sutlej.
I do not recollect that it imposed any other restraint on the
extension of the power of the British Govenunenty hot I must
beg leave to refer to the treaty concluded at the termination of
the negotiation.
No one of Mr. Metcalfe's despatohes comprehended a general
view of the n^otiation and settlement. His despatdtes from
first to last reported the rise, progress, and termination of the
negotiation, and rdated almost exdusively to that sulgeet.
The advantages of having the Sutlej instead of tfaue Jumna
for our boundary in that direction were considered to be many:
first, as acquiring an addition <^ power and influence Sot our-
ITS BE8ULT6. 15
adves; seoondlj, as abBtnetiiig in a still greater degree power
and influence &om a political enemy; thirdly , as preventixig tbe
union of the Sikh nation under an aspiring ruler of extraordi-
nary character; fourthly, as interpoedng between our frontier
and thatof apower&l rival the territories of dependent states, by
which war, whether ctBefome or def4»Brre, would be kept at a
distance &om our country; fifthly, by the greater seonrity
afibrded to the cqntal dty and imp<»rtant political post of
Dihlee, to which, otherwise, the power of Runjeet Singh would
have approximated within a few miles, affirding him the oppor-
tunity of attacking it suddenly in the event of our being
inTolved In war with oth^ powers; lastly, perhaps the assump-
taon of our proper station as the protectors of the weak and the
opposers of the oppressor, was not the least of the advantages
of the arrangement, with refierenoe to its impression on all
parties.
TO N. B. EDUON8T017E, CHIEF BEOBETABY TO OOVEBNlfENT.
Norenber 6, 1808.
Sib, — Altfaoqgh my several deq)atches have detailed all
the ciicumstances worthy of mention that have occurred in the
piogrcBB of the negotiation with Runjeet Singh, it will, I con-
ceive, be proper to state to you, in a collected icNrm, all the pro-
posals and stipulations which he advances.
Tliese are as follows:
First. Some sort of treaty of perpetual amity or connexion to
be continued with his heirs.
Second. The acknowledgment of his sovereignty over the
whole l^kh country, or an engagement not to oppose his aggres-
flions against the independent Sikh chiefs, and not to assist at
any time any Sikh chiefs against him.
Third. An engagement not to interfere in fitvor of the
King of Caubul to prevent his aggression against the King's
dominions.
16 THE MISSION TO BX7NJSBT SIHOH.
Fourth. Engagement that when the Britiflh annies shall march
through his country to meet the enemy on the Indus or in
Caubul^ ihe time of the march of the troops &om DiUee and the
route of march shall be settled with his concurrence*
Fifth. Engagement that the British forces shall evacuate his
dominions after the termination of the contest with the French
armies, and ihat the depot, &c., shall be removed.
Sixth. Engagement that the misrepresentations of designing
men shall not be attended to.
Seventh. Engagement that cattle shall not be killed for the
British armies in die Rajah's coimtry.
Eighth. Stipulation presented, but subsequently withdrawn,
that the British Grovemment will never entertain any Sikhs in
its service.
I proceed to ofier an explanation of each of these sepa-
rately, in which I shall take the liberty of stating such obser-
vations and suggestions as occur to me.
First, some sort of treaty of perpetual amity or connexion to
be continued with his heirs. I say some sort of treaty, because
his views in respect to this are not very clear; indeed, he does
not seem himself to have any fixed idea of the exact tendency
of his own proposal He has neither proposed an alliance
ofiensive and defensive, nor an alliance directly defennve, but
has, in general terms, proposed to establish lasting and intimate
friendship from generation to generation, with the addition that
no state should be more favored than his; yet, after having
requested me to make out a draft containing what I might
conceive to be his object, he has kept that draft without com-
municating to me either his assent or his objections to the
contents.
An offensive alliance being out of the question, I had to con-
sider to what extent I should be authorised to proceed in con-
cluding a defensive alliance. A general defensive alliunce with
Runjeet Singh, which should bind the British Government to
protect his territories at all times against his enemies, might
involve government in a perpetual state of warfare, for his
NATURE OF PB0P08ED EKQAGEHENT. 17
upon oiheiB are so frequent and so muldpliecly that in a season
of opportunity for his neighbours, he migKt be attacked on all
sides. This, therefore, seemed to be also out of the question.
In order to accede in every practicable degree to the pro-
posals of Runjeet Singh, I prepared an article to be produced,
if occasion should require it, binding the two governments
mutually to aid in the defence of their territories, provided that
the causes of attack upon the territories of either party should
have proceeded from circumstances which had taken place in
concert; further stipulatbg, that if either party should under-
take any measures without the advice and concurrence of the
other, it should not be entitled to call for aid to defend itself
against any hostilities that might result from such measures.
This article has never been communicated to the Bajah, because^
in fact, he has never applied for a defensive alliance; but it
contained the utmost that I conceived myself authorised to
assent to.
I should have made a point of ascertaining the Rajah's real
motives and objects in this proposal previously to this reference,
but his impatience to move from Miterkote, and his general
habit of evasion and delay, prevented any final and clear pro-
position on the subject. From the language of aU the commu-
nications received from him, and from his not stating any ob-
jections to the draft which I transmitted to him on this point,^
I conclude that an engagement of strict friendship with hinv
would satisfy him. The advantage which he proposes to derive
from such a treaty is probably that of strengthening his power
by the notoriety of the existence of these engagements between
the British Gbvemment and him.
Second. The acknowledgment of his sovereignty over the
whole Sikh country, or an engagement not to oppose his ag-
^rressions against the independent Sikh chiefs, and not to assist
at any time any Sikh chief against him; —
This is the great object of his views, and the principal motive
of this reference. The subject has been brought to the notice
c
18 THB xxsoroK TO BinnsKT suras.
of gcyremment latdy in Tirioas ways; I propoee, tiieretbie, to
oonfine m jvdf to lodal oonaid^BtioiiB.
I take the liberty of exprefleing my opimon, founded upon
ihe obBemttioiiB made in my piesent Ktaation, tliat, if it it in
view to attach Runjeet Singh to the Britash Govmunent, and
to make him a frioid by conciliation, the conoeanon which he
requires is easentially neoeaaary for that pnrpoae. As long aa
the Britiah Government appeara tobe die bar, and die only bar,
to hia aulgngation of the SiUia and oonaeqnent aggraadiaement,
he will not, I oonceiTey be cordially attached to it; and if hia
attachment is to be gained by any meana, none odier are ao
likely to aecure it aa this oonceaaion, without whidi all other
attempta to obtain his co-operation by conciliation would pio-
bably be firuidess.
Oonaiderations may be adduced from the actual state of
the country to diminish the objections to die sacriBoe. The
reserve hitherto held by government on this point, haa not
prevented the gradual extension of the power of Runjeet Singh
over the territories betweoi the Sudej and the Jumna. It has
hitherto retarded the complete subjugation, but its eflbct as
a check upon Runjeet Singh has diminished, and will continue
to diminish* His encroachments have been progressive, and
he has taken die opportunity, when a British Envoy was in his
camp, to make them more remarkable and more exceasive than
ever before.
He has proceeded widi his whole force to Umballa, which is
not fill distant from the post of Eumal; and there is reason to
expect that he will not spare Jegadree, which is near to that
part of the Jumna which is protected by the station Suhamn-
poor.
Without reference, therefore, to the general question of
the expediency of admitting the extension of Runjeet Singh's
power, it appears that a refusal to make the dedanttion wUch
he requires^ unaccompanied by a determination to oppose hia
aggressions, would perpetuate his distrust of the British Gro-
BtmrSBt^S AO€BES8IOKB. 19
withoat nutaeially dieekmg the progress of his
ambition.
Two of tlie principal advantages of withholding the deok-
lation reqmrod seem to be, firsts that govemTnent will be at
liberty to come forward at any time when dieomstanoes may
reqaire its interference; and, secondly, that the independent
Sikh chieftare not oompeUed to rengn themselTes in despair to
the soTere^nty 6[ Rmijeet Singh.
With respect to the first of these, I beg leave, with the ut-
most deference, to soggest as one of the grounds on which the
sentiments which I am expressing are founded, that the right
of selAle&nce cannot be altogether abandoned by a general
deckration of non-interference. The same circumstances which
would induce government now to oppose Runjeet Singh's pro-
gress on the frontier, via., the dangerous opemtion of that
progress againet the interests of the British Government, might
authorise, or, on the permanent principle of self-defence, to
interfere hereaft^, notwithstanding the declaration, if, as may
not now be expected, his progress should become dangerous.
Tliis is conceived on the presumption that government has
it not at present in contemplation to oppose Runjeet Singh
in his attempts to subjugate the SiUis. If I am mistaken in
this presumption, the case is altered, but then it may be ob-
servedt his oicroachmenta are already nearly as far advanced as
they can be, and he is not likely to be checked except by im-
mediate opposition.
The other advantage of avoiding sudi a declaration to
which I have alluded, viz., that as long as the British Govern-
ment does not dedaie that it will never defend any of the Sikh
chiefr against Runjeet Singh, these chiefs are not compelled to
resign Aemselves in do^ondency to his sovereignty, must, I
apprehend, be gradually diminished by his increasing unre-
sisted aggressions, and it does not appear that any are led on by
the hope of preserving their independence, and obtaining the
eventual protection of the British Government, to ofier any
02
so THE MISSION TO SimJSXT SINGH.
united or steady oppontion to his aims. The greater nnmber
have become companions of liis Harem in order to acquire
influence suflDicient to ward off his blows from their own terri-
tories, and for this purpose do not scruple to guide them, and
virtually aid against others. Indeed, the original causes of his
obtaining any footing in the country were applications made
by some of these chieft for his asristanoe against others.
I take ihe liberty of mentioning, that aU that I have said
on this subject is under the supposition that it is intended to
obtain the co-operation of Runjeet Singh against France by
conciliation. I have, therefore, endeavoured to express and sup-
port my opinions that some such declaration as that required
by the Rajah to the degree that may be thought expedient, is
necessary for the purpose of conciliation ; and that the with-
holding of that declaration, unaccompanied by actual opposition
to his aggression, will hazard the loss of all that is to be gained
by conciliating him, without efiectually preventing the subjuga-
tion of the coimtry between the Sutlej and the Jumna.
Having submitted my opinion that, without this concession^
Runjeet Singh cannot be won by conciliation, it is my duty to
state, to the best of my judgment, whether from my personal
knowledge of his character, it is certain that this concession
wiU completely attach him to the Britbh Government, and
secure his cordial co-operation against France, or whether these
points will afterwards be subject to doubt.
They will always, 1 conceive, from the result of my per-
sonal intercourse with the Rajah, be subject to doubt No part
of his personal character presents any satisfactory assurance
of cordiality, good faith, consistency, or hearty co-operation.
For want of consistency and good faith he is justly notorious ;
my despatches will have described repeated instances of deceit
and evasion; he has no regard for truth, and can descend even
to the violation of solemn promises; and the whole tenor of his
behaviour impresses me most strongly with the conviction of
his total want of principle. In the crisis when his exertions
may be required, he wiU, doubtless, without regard to previous
COUKTERACTION OF FRENCH INTBIGUE. 21
engagements, act according to his yiew of Iiis interests at the
moment.
If ever the agents of French intrigue should find a way
to his ear, he is a character well suited for them. He would
probably soon fall under the guidance of a French negotiator,
who would flatter his pride and vanity, raise ambitious hopes
by unbounded promises, and work upon his credulity by any
falsehoods. On his character no reliance whatever can, I
conceive, be placed; but by the concession which he requires,
the British Government will obtain any treaty that may be
thought advisable, his aid in maintaining an intercourse with
Caubul, the means of marching its armies to or beyond the
Indus; and it may be expected that the measures adopted by
the Right Honorable the Governor-General in Council having
completely anticipated the designs of France in this country j a
progressive connexion will be formed with Runjeet Singh,
which may not only entirely exclude French intrigue from his
conncilB, but may lead to his conviction, in the hour of contest,
that his true interests require the most vigorous co-operation
against the designs of France; and circumstances, such as the
offer of his territories on the part of France as a temptation to
the King of Caubul, may bind him firmly to the cause.
If in the intermediate time his course of measures and con-*
duct should be such as to compel the British Government to
change its system, and check his ambition, the evil attending
the concession which he desires will not be irretrievable. The
increased power which he wiU acquire by the extension of his
acknowledged dominion to the bank of the Jumna, will only
be formidable whilst unopposed. The increase of the numbers
of his subject chiefs will increase the number of disaffected in
his army, and they will not be less ready to join a power op*
posing him than they are now. In explanation of this opinion,
it may be observed that the chiefs to the west of the Sudej
are as anxious to be released from his oppression as those to
the east of that river are to avoid it; and that, notwithstand-
ing the care which has been taken by him to prevent the ap-
tt THB mSttOir TO BUX7XBT
pioach of Uadue&tonieyeiitreatksibrpiotootMi^
sabmissioii to the British Grovemment, hare leached me firam
ehiefi on the banks of the Indoa, as veU as thoae on the
Jumna.
I have considered this question exehmrdy aa it relates to
llie pofioj of fonning a oonnexion with Ronjeel Singh aa a
bairier against the designs of Fraaoe. I am aware that it is
before government in a more genend view, fi>r the Besidnt at
Dihlee has done me the honor of oommnnioati]^ to me oopies
of his late despatches to yon on this subject*
I now beg leave to advert to the conduct which I have
pursued during the agita&>n of this question on the nego-
tiation with Bnnjeet Sing^. From the tenor of my inatmo-
tioDs, and of your despatch to the Bemdent at Dihlee of the
21st March last, I have conceived it to be the wish of govern-
ment to xe&ain firom making any declaration expressive of a
determination either to 8i^>port the independent Sikh chieft
against Runjeet Singh, or to permit the subjugation of them
by hiuL I have, therefore, endeavoured, since the first men-
tion of the question, to induce the Rajah to refiain from agi-
tating it, and I have uaed every argument that appeared to me
likely to prevent the reference on this subject.
My advice, however, has always been su^qposed to come from
myself, and I have invariably declared that I had not received
any instructions further than to ascertain distinctly ihe R^ah's
views.
If, therefore, it should be thought eiqiedient to grant re-
quired conoession, it may be made in any way that may be pre-
ferred. It may be made without condition, the Rajah being
informed ihat tiie British Oovemment has never had any coi^
cem in the disputes between the Sikh ehiefi, and never has
intended to interfere; or it may be granted to him as a cession
of great importance, which can only be made on such conditions
as government may be pleased to annex to it. Government
is not committed in any way by my negotiation here to prefer
either this or that mode, but can adopt any fine of conduct
BKRUXKCS8 TO GOTSaEDiElIT^ SS
and any course of asgunnt thai may appaai to be most
If h dioold be deteimined to gnuit tUa oonoBMBOB, I beg lea^
to solicit orders on the following points:
1. la the dedaiafcioa to contain all that he seeiaa to lequire^
that 18, the acknowledgment of hia soyeveigi^y ovet all the
Sikhsy and an engagement not to oppose the estaUiabment of
hia sovereignty over them, or only the latter?
There seems to be a considerable difference between &e first
and last The fiiBi^ perhaps, could not be granted without
injury to the right of those duefi who are still indq^mdent;
ainoe it does not appear to be just to acknowledge his sove-
re^ty over those who have nev^ yet acknowledged it» and
over whom it is not perfectly established.
2. Is the declaration to be verbal or written?
Runjeet Singh will certainly wish it to be written.
3. Is the declaraiaon» if written, to be part of a treaty^ or a
sqiaiate engagement?
It will, I conceive^ be equally acceptable to him in either
way.
4. Areanyezceptionstobemadeiniavot of any Sikh chiefs,
and if so, what?
5. Are the bonndi to which he will be allowed to proceed to
be explained to him, and if so, what bounds?
Icondnde that it will be deemed prop^ to explain to him
that he is not to consider those parts of the British dominions
whidi are held in Jageer by Sikh cfaoefr as included in the sup-
posed dedaradon.
6. Is the dominion of Koonjpoora to be induded in the con-
oesrion, or reserved under the protection of the British Govern-
ment?
The cause of my putting the last question is, that the canton-
ment of £umal is in a manner dependent for supplies on the
town of Koonjpoora, which, with its fort, is about four miles
fiom that poet. Being in the pooession of a Patau family, it
cannot jostly be claimed.
24 THE MI86ION TO BUNJEBT 6IKGH.
I now proceed to the Bsjah's other objects.
Third. An engagement not to interfere in favor of the Ejng
of Gaubul to prevent his aggresnona against the King's d<Mni-
nions.
On this subject I have lately been informed by Mr. Elphin-
stone that he is not entrusted to oiSer the mediation of the
British Government to the King of CaubuL The caution,
therefore, which I thought ^it my duty to observe on this
point has been unnecessary; but as no di£ference would be
made in the state of afiairs here, by agreeing to enter into a
positive engagement to the eflfect proposed, and as the n^otia-
tion is at a stand on another question, I have at present no
inducement to alter the language that I have hitherto held on
this demand.
The fourth, fifth, sixth, and seventh articles of his pro-
posals can, I conceive, be easily arranged; but it will be very
satisfactory to me to receive any instructions which the Right
Honorable the Governor-General may be pleased to issue upon
them, especially with reference to the mode in which it may be
deemed expedient to comply with them.
Eighth. Stipulating against the slaughter of cattie for beef
in the Rajah's dominions; —
A verbal assurance to this effect, if deemed proper, will, I
imagine, be sufficient
Ninth. Stipulation that the British (government will never
entertain any Sikh in its service; —
This has been withdrawn, but it may be brought forward
again. It was mentioned as a condition of the Rajah's concur-
rence in the proposed co-operation against France. It would
be very satisfactory to have instructions for the guidance of my
conduct in case that it should be advanced again. I conceive
that the Right Honorable the Governor-General in Council
will not assent to it, and that Runjeet Singh, much as he may
wish it, will not insist upon it. If it is mentioned again before
me, I shall suggest that probably tiie British Government will
demand from the Rajah as an equivalent that he shall never take
JEALOUSY OF THE MISSION. 25
into his service any Europeans, nor any of the natives of ih^
territories subject to the Honorable Company; and I think that
that wiU be suflSicient to stop the demand, a^ the troops on
vhich Bunjeet Singh places his chief dependence are from the
Honorable Company's possessions; so are all the people employed
in his intelligence department.
I shall do myself the honor, in a subsequent despatch, to
submit the best information that I possess concerning Runjeet
Singh's country, army, power, and resources.
Before closing this despatch, I beg leave to solicit the in-
dulgence of the Right Honorable the Govemor<«General to the
freedom with which I have offered my opinions on the points
which are referred for his Lordship's decision. These I have
thought it my duty to submit as the result of local observation,
and I trust that in so doing I have acted consistently with his
Lordship's wishes.
One subject remains as yet unnoticed, on which it will bo
very satisfactory to me to receive instructions. It relates to
the eventual termination or prolongation of the services of this
Mission. The suspicion and uneasiness at first displayed by
Runjeet Singh at the presence of this Mission, seems to have
subsided, but I cannot say that he has shown any eagerness for
the continuance of it to an indefinite period. As his jealousy
of the Misdon on its arrival was too remarkable to escape
notice, I have never even hinted at the question of its continu-
ance, and he seems designedly to have been silent on the same
point.
TO V. B. EDMONSTONE, ESQ., CHIEF SECRETABT.
November 6, 1808.
Sib, — ^It appears to me to be proper at the present time,
under the circumstance of the reference which has been made
to the Right Honorable the Governor-General in Council, to
submit for his Lordship's notice aU the information that I pos-
26 THB MIS8IOII TO BCNnXT SOIGH.
mm toaeandog Runjeet Siagh'a power. At the aune timey it
k BeoeMoj to obeenre thet the ooadnet wUdi I haye thou^^
it my duly to ponue fliaoe my anival in the Bajah'a euiip^ in
order to afyeata his jeehxiBiea, hetdepriTedmeof themeiaisof
giving any Hunute or TaliiaUe intelligenee ; Smt, iaafteed of
seeking informationi I have piupoaely zefiraiBed fimn all in*
qninea; and what I httfe to offer is the zesolt oi wieaai obserfa-
tioA and naaoaght cQmmnnicationa.
His army first excxtea attention^ because his govnnaenti his
power, his xesouicesi his policy, and his habits are aU military.
His army is of two kinds: one looks np to him immediately
as its commander, and the other is subordiaate to the several
ohie& of rank who accompany hisL
That whidi Sar the sake of distinction may be eaUed his own
army, ooatains infimtiy, cavalry, and artiUeiy.
Tbia infantry may be classed into regular and irregrolar.
The r^ukrs are composed <^ the remains of the battalions
that were formerly in the service of Sindhiah and other native
powers, together with deserters or men discharged from the
Honorable Company's territories. These troc^ have been
formed into five battalions, four of Telingas, or Poorbeeas, the
same men as the British S^>oys, and cme of Hindostanees or
Bohillas, containing from two to four hundred men each. The
whole number in ihe Rajah's service may amount to twelve or
fifteen hundred men. A portion of (me or two battalions are
armed with nmskets; the rest with matchlocks, to which I
believe bayonets are attached, and all cany swords. I imagine
that the men are not all dressed in uniform. I have never seen
them in a body, but have seen several with coats in the style of
the Company's Sepoys, but more without They have no
caps, but wear in general a scarlet turban. These troops are
paid in coin, which it is proper to remark, because it is the
only part of his permanent army that is so paid. The pay of
the privates is nine rupees per mensem, subject to a deduction
of twelve annas on account of the paymasters and accountants
attached to the corps, which is less by four annas than the dear
BUBZBBT^S ABUT. 27
fidd aBowuioe of the SepojB of the HononiUe Compftny's
I cmiiot speftk as to the dkeipHiie of these troopi^ but a
ceittm degree of legtahx discipliiie ia. common thiougfaont
Iniim, in consequence of the multipKdfy of ooqpB of this do-
scxiption established of kte yean in the serriee of the native
powciSy sad those in the anny of Rmrjeet Singh are, I suppose,
neither better nor woise than the genoraKty of those that are
not under the management of European officers. These ba^
talions accompany the guns, and with them fonn the prindpal
strength of Runjeet Singh — duit is, in his own belief ; and
indeed, in the war of snbjugatian and exaction which he canies
on against petty chiefs, they do form his principal strength;
but any reliance on them in a contest with a power possessing
a regular army would probably prove fatal to him. This species
of force is of late introduction in his army.
The irregular infimtiy is collected when required from the
country. Of these there are two descriptions: those that are
always entertained, and those that are levied on occasion.
The former hold lands in exchange for thdr military service,
and can always be caUed upon. The latter are hired, and
receive pay in coin« Runjeet Singh levied a considerable nxmi-
ber of these for this campaign, but finding the expense insup-
portable, he dismissed them, to the number of about four
thousand, at Fureedkote. The irr^ular infiintry are armed
with matchlocks, or spears, or bows and arrows, but always with
the addition of a sword. The number of these it would be
dilBknlt to cakukte, as it might be increased to any amount
firom the country upon an exigency; but the number that the
Rajah could support for any length of time cannot be very
great.
The train of artillery which Runjeet Smgh parades about the
country, and which, without fixing a shot, strikes terror into the
minds of all and prevents the thoughts of opposition, consists
of thirty-five or forty pieces of various sorts and siaes. In
visiting the Rajah, I have occanonally observed in his camp
28 THE MISSION TO RUHJSET SINGH.
some bzttBS gana, seemingly mx-poimdets, of a neat appeaianoe;
otherwise I have not seen any of his artillery^ except fear
heavy pieces, which on the morning of his march from Kussoor
were marched past the camp of the Mission, evidently for the
purpose of being noticed, as the other gons and the army in
general marched by another and a better road. These guns, of
which the Rajah is very proud, and which, under the appro-
priate appellation of great guns, are bugbears to the unfor-
tunate people, who would wish if possible to oppose his oppres-
sion, are on carriages with three wheels, one small one bdmg
fixed in the truck, and are without limbers; each is drawn by
forty or fifty bufialoes; they are iron, and have the appearance
of 18 and 24-pounders.
The Rajah's attachment to guns, and his opinion of their
weight, are both so great, that he will never miss an opportu-
nity of obtaining a gun. If he hears that there is a gun in any
fort, he cannot rest until he has taken the fort to get at the
gun, or until the gun has been given up to him to save the
fort. He immediately dismounts the gun from the wall, and
drags it after him as an addition to his field-train. He has, it
is said, procured three guns from TJmballa. He boasted to me
once, that he had made the Rajah of Puteealah give him a fine
gun which the Rajah wished to rescue for twenty thousand
rupees. Exclusive of his guns, he has a number of swivels
mounted on camels. His artillerymen are partly from Hin-
dostan and partly natives of the Punjab. The Hindostanee
artillerymen are the best; and without particular reference to
Runjeet Singh's army, these are known to be generally skilful,
brave, very steady, and devoted to their guns.
The Hindostanee artillerymen are paid in coin, and the
Punjabee in land.
The cavalry of the army is numerous and well equipped.
The horsemen are generally armed with a matchloc-k, in the
use of which, as well as in the management of their horses,
they are expert. Their mode of fighting is calculated to harass
troops without cavalry. Individuals rush forward in numbers,
bxtnjeet's cayalry. 29
but scatteied so as to present no object of attack, halt, fire their
jneces at the enemy, and gallop back again to the main body,
which is kept beyond the reach of cannon-shot. Cavalry
acting this way continually against a column of infantry on its
inarch might harass it exceedingly; and in possession of a
jangle or cultivated country through which an army might
have to march, their fire might be very galling. I believe that
the detachments which contended with the Sikhs in the Doab
in the year 1804 and 1805, and finally expelled them, were
much troubled by this mode of warfare. The Rajah, in the
exhibition which he performed ii^ my presence, practised a
manoeuvre of drawing up the small party of cavalry that ho
had with him in a line, and kept up a continued and quick fire
irom matchlocks upon a supposed enemy with great steadiness
on the part of both men and horses. It would be impossible,
however, I suppose, to execute the same manoeuvres either in
great numbers, or in the confusion of the field of battle, and it
could not be tried with any effect except against infantry
inthout gims. Lands are assigned for the support of the
cavalry; and the principal portion of the country is occupied
by them.
I have no certain means of judging what number the Rajah
on an emergency could bring together. He had with him,
when he marched from Kussoor, about 3000; and may have a
greater number at present, as he has lately been joined by a
detachment from the borders of Mooltan.
The troops of the chiefs who attend him consist of cavalry
and irregular infantry, serving for lands in the same manner as'
the same descriptions before mentioned.
The chiefs have no guns, for Runjeet Singh has establii^hed
a monopoly of these — in other words, considers them always as
the. property of the State. The amount of his force I cannot
state with any accuracy. It is said, in round numbers, that the
Rajah can, at the utmost, bring into the field 15,000, his own
troops, including all descriptions, and that his chiefs can collect
about the same number.
so THE MI88IOV TO BimJXST SINGH.
It if seaioely neoesBaxy to obflerve that oommon report sweDs
the amount of his army to a mnoh^gfeater aumber, and ihat
he encourages the error. He speaks as if he had the dia>
posal of hundreds of thousands. He talked to me one day of
sending a hundred thousand to the assistance of the Rajah of
Bikaner.
I oonoeiTe that the following estimate exceeds, in some de-
gree, the real amount oi his whole Ibroe :
Reg^uhur infantry
Irregular ditto
Gavahy f
Total
Guns
Camel swivels
15,000
6.000
6,000
26,000
40
100
This estimate camiot be quite accurate, but I believe it to be
nearly so, and xather above than below. In the anny now
with him there are not, I imagine, more than 12,000 fighting
men.
The resources by which the army is maintained are derived
fipom contributions levied year after year upon those chiefi and
places which the Rajah designs to subjugate. Since the rise
of his power he has each successive year achieved some new
conquest, which has, for that season, supported his army. To
compare small things with great, his system is the same in
this respect with that of the present ruler of France. His rest-
less ambition^ and the weakness and want of union prevailing
around him, prompt him to invade the territories of his neigh-
bours; the service requires an increase of force, and the increase
of force renders necessary another invasion of some other
territory, as the resources of his own are not equal to his
expenses.
A country completely conquered ceases to be productive.
Having levied heavy contributions, and supported his army on
it for a period^ he gives it to a favorite, or some chief, vdbo, on
SUFPOBT OF THE ABXT. 31
leodiyiiig it, nukes a ocmsiderable present to &e Bajah. This
oonntry is then left nnmolesfeed for the saloe of the chief to
whom it has been giT^n, and the Bajsh's anns aie turned
towards a new conquest. Unless a complete change should
take place in his system, he mnst continae to invade new coon-
tries, otherwise he will not be able to support his army, although
he has only to provide money for his in&ntry, part of his artil-
lery, and extraordinary levies of troops.
It is almost incredible, yet it is asserted, that he has
scarcdy any r^ular revenue fixNn his country. I have heard
of one district which is rented for mxty thousand rupees per
annum, and there may, and probably must be, some other
under similar cizeumstanees; yet the instance was mentioned
as an exception to die general state of the country, which
is, for the most part, held in Jaidee for die maintenance of
troops, or subject to subordinate chieft. Runjeet Singh is in
consequence free from liie trouble and expense of <nvil govern-
ment, and always at leisure to put himself at the bead of his
army.
For the support of the army on a campaign, it is his custom
to take the field at those seasons when the crops are sufficioitly
advanced to afford nourishment to the cavalry and cattle. One
season is in September and October, and the other in Febmaiy
and Maidi. The horses and cattle have no other food than
what is obtained from the country. I am informed that he quits
the fiidd as soon as the crops are gathered; the time is ap-
proaching, and I shall probably have an opportunity of ascer-
taining whether this account is true or not.
His troops in general take the field prepared only for a short
campaign, and have no relish for a long one. They wish
soon to return to tiieir home, and when the sum which they
had brought from their villages for their disbursement is ex-
pended, they quit the army. Many withdrew when Runjeet
Singh mardied from Eussoor, and more when he directed his
march towards the desert. The chiefs in particular are dis-
gusted at being dragged from their domains to follow him on
32 THE UI88ION TO BUNJBET UMGH.
expeditions for his penonal aggrandiflement, in which tliey
have no interesti but whicli, on the contrary, by increasing his
power, draw tighter the chains that he has pot on them.
His triumphs seem in general to be bloodless. His uninter-
rupted success hitherto, and the large force which he carries
with him, have the effect of pieventing opposition. Where
he sees an inclination to oppose, he appears to act with caution,
and not to be too eager in attacking. Where he thinks the
instant and complete subjection of a chief or place doubtful,
he is willing to temporise; content with a small acknowledg-
ment of his superiority as a beginning, leaves the completion
of his plan to another time, and by degrees gains his ultimate
object He generally takes advantage at a favorable moment
of any weakness or confusion in the petty states, occadoned
either by internal dissensions, or the deaths of chiefis or other
circumstances. In 1806 and 1807 he conquered the country
called the Rae country, on the left bank of the Sutlej, the
chief of which had died, and which was then in the feeble
hands of the chief's widow. He has within the last few days
taken possession of Umballa, which was exactly under the same
circumstances. From Umballa he has proceeded to Shahabad
with similar views, which was in the possession of the sons of
Eurm Singh Nurumchi, who lately died. The Ranee fled from
Umballa, and the sons of Eurm Singh fled from Shahabad at
his approach.
I have occarionally mentioned the disafiection prevailing
among the chiefs of this country.* This is almost universal,
and if at any future period the ambition and encroachment of
Bunjeet Singh should compel the British Government to go to
war with him, it might perhaps be taken advantage of to de-
stroy effectually his power. Surdur Futteh Singh of Aloor
has been supposed to be particularly attached to the Rajah,
but he is in reality particularly discontented with him. Run-
jeet Singh and Futteh Singh entered into alliance in early life,
* The oonntry afterwards known as that of the protected Sikh States.
LESSEB CHIEFS. 33
and to tliis alliance the former is principally indebted for his
extraordinary rise. The quiet character of Futteh Singh, who
was the equal if not the superior in rank and power of Runjeet
Singh, has yielded to the bold, commanding spirit of the other,
and ho has been the ladder by which Runjeet Singh has
mounted to greatness. He now finds himself not a companion
and friend of an equal as formerly, but the nominal favorite of
a master. The outward show of intimacy and friendship is
preserved, but there is no confidence. He is not of the Rajah's
council, nor is he entrusted with his secrets, but he marches
with a considerable force in the train of Runjeet Singh, without
knowing whither or for what purpose. Futteh Singh, in rank
and consideration, in military force and tenitorial possessions, is
the first of the chiefs of Runjeet Singh's army. He possesses
the country east of the Sutlej, from Jaguaum to that river, the
country in general between the Sutlej and the Beeas, and the
country to the west of the Beeas as far as Umritsur. He has a
very fair reputation, and is looked up to by the disafiected as
the fit person to be put at the head of a confederacy to throw off
the yoke; but he is evidently not a revolutionist; he is mild and
good-natured, seemingly simple, and undoubtedly wanting in
energy. This is the chief who was in Lord Lake's camp on the
banks of the Beeas; he there acquired a respect for the British
character, which causes him to look to the British Government
with the hope of obtaining from it a release from the over-
bearing tyranny of Runjeet Singh. As a matter of informa-
tion, I have thought it proper to mention the circumstances of
this chief, whose case may be entitled to attention with reference
to future possible events, from the situation and extent of his
country, and his personal character and disposition.
84 THB LAND BBVENCE OF DELHI.
THE LAND BE VENUE OP DELHI.
[1816.]
[From a long and elaborate report to the Supreme Govemment on the
ciyil admimstration, and more espedallj upon the rerenoe tSam of Delhi,
theanBezedpaaeagesaretakeiL They are intfloded not oidj to ahow what mn
the flj^tan pniBoed at Delhi, hot a]» to indicate the gCBond o^^
imter (A the great aabjeot of Bevenne administration. Metoalfe vaa one
of the eadiest and the vazmest snpportera of the daima of the village
Znmeendars ; and the opinions which he expressed at Delhi were consis-
tently maintained and enforced daring his subsequent connexion with the
Sapreme Qovenunent.]
Past Stsisiis. — ^The aoconiitB of the incseaeiiig progress
of our kad revenue in past yean are &r from nn&y<»able
ID sppeanuioe.
With zespect, however, to thia bnmch oirefeiuxe^ by fiur the
most oonsiderable and most important of all, I should deceive
the GovemoT-Gveaeral if I were to represent the tttuation of the
landholders, from whom the revenue is collected, as being
exactly that in which I wish to see them.
Much discontent prevails among them^ which I attribute to
the frequent recurrence of new settlements, attended by fresh
demands for an increase of revenue. This is an evil which is
always likely to attend short settlements, and which is unfor*
tunately increased by the dutiful zeal of public officers to obtain
the full dues of govemment at every settlement.
flAJa.T 8XTTLSKSNTS. 35
Mr.Seto&*iiikoduoed ihe fljstem of village Bettlements, and
the fiiat settlemeiiti mads by am European officer were made by
me, luder Mc Seton'a inatructaona, when I was hia assistant.
The first w9B a aettlemeni £x one year, and was made
with some difficulty, owing to the reluctance of one part of
the people to beeoiiie leqxmsibk for the payment of money
rents, and of another part to pay any rerenue wfaateyer. The
second settlement was for three years, and was made with
greater ease.
These settlementB were made purposely Ught, in order to
conciliate and ^uxMuage the cuhiTatoni ; and the fiill due of
goremment was not exacted, oa the principle that it was good
policy to sacrifice a part» for the fiiture benefit both of the
cnkiYatorB and the goverBment.
The settlements, in every instance in which it was practicable,
were made with the villages represented by the head men.
Where it was found impossible to persuade the village land-
holders to enter into engagements, the villages were giv^x in
lease to iarmenL
Subsequently to that pedod various settlements have been
made in the several districts of this territory for two, three,
four, and five years.
In tiieae ktter settlements greater attention has been paid to
the rights of government^ and the revenue has been con-
sidenbly increased. But the continued increase has dissatisfied
the landholders, and either from conceiving the amount latterly
demanded to be excessive, or &om a desire to evade the pay-
ment of the rent due to government, the landholders have of
late, in many instances, declined the settlements proposed.
When this has been the case, recourse has been had to the
system of levying the rent of government by taking its share
of every croff either in kind, or in a money valuation.
I regret the necessity of these measures, both because I am
af^irebensive of immediate ii^ury from them, and because they
* Mr. Ardnbald Beton— MetcaUcTs predecessor at Delia— afterwards a
member of the Supreme Cknmdl.
D 2
36 THE LAND BBYENUS GW DELHI.
are destructiTe of the system which I have at heart; and nrither
tend, in my opinion^ to the benefit of government, nor to that of
the cultivator. It ia my present wish and intention to estap
blish such a system as shall prevent a recurrence of the same
necessity.
This may be effected^ I conceive, by long settlements on
moderate termsi in a manner explained in the subsequent part
of this report
Rights of the Village Zume^ndabs. — ^What men
can have greater right than those whose ancestors have occupied
the same lands and habitations from time immemorial ? who
live on the soil entirely, and cultivate it at their own expense
and by their own labour ; who receive it by hereditary succesdon
or by purchase; who leave it to their children, or, if reduced to
necessity, sell it or mortgage it; or, if they choose, transfer it
by gift during their lives ?
These rights are exercised by the Zumeendars, and have been
exercised for centuries. If they be not sufficient to constitute
undoubted property, they are surely sufficient to confer a
paramount daim.
Let it be supposed that these rights were authoritatively
made to cease, and that another person were vested with pro-
prietary right over the land, to sell or otherwise dispose of it at
his sole pleasure, would it not be a great cruelty and injustice
towards the Zumeendars?
No other person could exercise a perfect proprietary right
without the total destruction of the rights hitherto enjoyed by
the Zumeendars. But with what pretence of justice could
these rights be destroyed?
It is to be apprehended that they have been destroyed in
some parts of our territory by the creation of new rights in
others ; but it is not my intention to discuss what may have
been done on other occasions, though I conceive it to be my
duty to advocate the rights of the village Zumeendars in the
territory imder my superintendence.
BIGHTS OF THE YILLAOE ZUMEENDABS. 37
Notwithstanding the numerous revolutions which have taken
place in this part of India, the rights of the village Zumeendars
have generally been held sacred — more sacred, it seems to me,
than any other property — and though numerous sorts of oppres-
mon have been devised, it does not appear that any oppressor,
generally speaking, has presumed to meddle with these rights.
It is probable diat expediency has operated to secure them
as much at the least as justice ; but be the cause what it may,
it appears to me that the most clear and most distinct rights
held in this part of India are those of the village Zumeendars.
Arrangements occasionally take place which appear to imply
either a misconception or a neglect of the rights of village
Zumeendars.
There is frequently a disposition shown to establish the
proprietary right of others t) the exclusion of village Zumeen-
dars.
It was once proposed on the part of government to make
Maliks of the village Mokuddums; in other words, to convert
those who are deputies from the body of landholders for the
management of the concerns of the village into absolute pro-
prietors of all the lands of the whole village, to the entire
exclusion and extinction of the rights of the great body of their
constituents, the village landholders^ which would be dmilar to
making over in absolute property to the individuals composing
the Court of Directors of the East India Company all the stock
belonging to the proprietors of the said Company; or to making
a member of the House of Commons sole proprietor of all the
lands in the county which returns him to Parliament.
The sale of lands for arrears of revenue is a common instance
of the little consideration in which the Zumeendaree rights are
held by government. For trifling arrears of revenue, which
might be realised in subsequent years^ the hereditary rights of
fiimilies, which have existed for centuries, are annihilated, and
a new right of absolute property established in favor of other
persons, purchasers of the proprietary right at the public auc-
tion; by which purchase the original proprietors or Zumeen-
88 THE i.Ain> mcvjaiuiB or viesml
dan mxui either become Hie lafaomi of the new ptopiielog, or
quit theb Iioiues and lands, didr oountry and homef for erec
The cuaiom of selling lands for arrean of levame has not
yet fiMind its way into this distciet, and I trost Aat it never
may be introduced. I hope and bdieve ihat it will aerer be
neoesBaxy. Ezoq>t in extreme cases, sobh as actaalxebeilioBi on
ihe part of all the Zomeendan whose property is to be sold, it
iqipeara to be harsh and cruel, and is oertainly impopukr and
disgusting, and a cause of permanent repnMush to o«r go?em-
ment*
If the rights of the Zomeendan be admowledged, to the
extent in which they hare heretofore enjoyed those rights, it
will readily foUow that they are the rightful claimanfcB {<x the
possession of any proprietary lights that the goremmeBt may
deem it expedient op just to add&wledge in its subjeels; and
the policy of confirming their present rights, and grantiDg
them more than they at present are entitled to, will conse-
quently be admitted.
The present rights of the TiUsge Zumeendan appear to be
the possessory properly of the land; bitt the rercniie or rent
due firom the land is payable either directly to the government
collector, or to a Jageerdar, Istimrardar, Teekadar, or any other
intermediate person to whom the revenue or rents of tl^ lands
may have been assigned.
The additional right which it seems denrable to confer on
the Zumeendan is that of paying the revenue, in all casee in
which it is possible, directly to government, to the entire
exclusion of such persons as those above named, in order that
the profits of the cultivation may always accrue to those who
are equally the hereditary posBesson and the actual cnkivaton
of the land, and not to those who have no original or heredi-
tary interest in the land, and who cannot cultivate except by
the hands of the Zumeendan.
The sacred, hereditary, and transferable right of pooBession of
the cultivaton is admitted by some of the wannest advocates
for the proprietary right of the government.
BIGHTS or TH£ TILLAQB ZII3fEian>ABS. 99
It is lenwftftMe thai Aem are not tiie greatest cneimeii of the
Tillage 2SfiBieefidarB; tor these writers coDstantlj sopport tbe
Tillage Zumeendns, nnderfhe denomznatioit of Sjuts, ot per-
petual tenants of nio Chrwa.
The greatest enemies of the village ZumeoidatB ore diose
writers who, wiaiiing to adyocate the rights of prirate property,
oppHed English ideas and systems to India, dassed die ddtovatoiB
of India, the poor but lawfbl hereditary possessonr of the knd,
with the hboien of England, and consigned their lands in
absolute property to rich indiTiduab, because the latter seemed
calculated to figure in the scheme for the settlement of India in
the place of the great land proprietors of England.
Whether the proprietary right of the government be affirmed
or denied, the actual rights of the yiHagers seem to be ifnassail*
able. If it be afSrmed, the ablest advocates for the proprietaiy
right of the government nevertheless admit the posBeescny right
of the cultivators as perpetual tenants. If the proprietary right
of the government be denied or ceded, where can that right so
reasonably rest as with the hereditary possessors and cultivators
of the land?
The right of transferring their land a an acknowledged part
of the possessory right of the village landholders, and the con-
firmed exerci£e of this r^ht is essential to secure 1^ benefits
anticipated from the operation of the system recommended in
this report. One of the greatest sweets of the good use of
property is the power of acquiring more. The ability to pur-
chase would be a great incitement to industry under a system
which, by securing to every man the enjoyment and use of his
land, would make the possession of it a source of consequencae
as well as profit.
The consequence and profit ariring firom this source are
within the recollection of the inhabitants of this territory, and
prevailed to a certain extent before the establishment of our
government. It is remarkable that it waso ur government that
destroyed tiiem, but firom causes which made it almost neces-
sary to do so.
40 TH£ LAND BBYBMUE OF DELHI.
The govenunent which preceded ua wete too weak to extort
from the people the full dues of government; and in many
parts of this territory the Zumeendars cultivated chiefly, if not
solely, for their own benefit The principal landholders became
men of consequence and men of wealth.
It was not till after several years from our conquest that
the Zumeendars of parts of this territory were thoroughly
brought under government This was effected, during Mr.
Seton's Residency, by the measures of mingled mildness and
firmness which he directed. Still instances occur of the break-
ing out of that independent and refractory spirit which was
cherished by the weakness of former governments.
Since the establishment of our government over the Zumeen-
dars, our increasing demands for revenue in rapidly-succeeding
settlements, and our power to enforce the payment of the just
dues of government, have completely destroyed the conse-
quence of the principal landholders, and impoverished all those
who were formerly able to oppose the government
The introduction of our government has consequently been
disadvantageous to these people, and it is not to be wondered
at that those of this description are generally discontented and
disaffected.
It is, however, in the power of government to reverse the
case, and to confer on these Zumeendars rights, privileges, con-
sequence, and wealth, such as they never knew before.
Their former wealth and consequence were precarious and
devoid of security. Though they successfully resisted the weak
local government, they had always the apprehension that a
powerful army might be. sent to plunder them, and this occa-
sionally occurred. They knew also that the government, if it
could ever subdue them, even for a short period, would take
advantage of the opportunity to fleece them.
The natural consequence of this state of insecurity was, that
money was spent as soon as acquired. Hence a spirit of extra-
vagance arose, which still exists, and which it may require some
time to remove.
PBOPOSED SYSTfiH. 41
In exchange for this insecurity it is in the power of govern-
ment to confer security. Instead of wealth lawlessly acquired
by oppodtion to the goyemment, and hastily spent to avoid
plunder, we may confer the power of acquiring solid, l^itimate,
and lasting wealth, which shall be cherished, applauded, and
upheld by the government; which shall be a source of conse-
quence in the eyes of the people, and of flattering distinction
on the part of the rulers.
Then, instead of dissatisfied and disaffected landholders^ truly
complaining that we have injured them by diminishing their
consequence and their profits, we may expect to have land-
holders bound to us by the strongest ties of self-interest, and
acknowledging, £rom irresistible conviction, the incomparable
benefits of our rule.
System Pboposed.— I now proceed to describe the nature
of the settlements which I would propose to have concluded
with the village Zumeendars.
Every village is inhabited, wholly or partially, by Zumeen-
dars, or possessory proprietors of the land. These are the
persons with whom the settlement ought to be made ; but as
the number of them is generally too great for the transaction
of business, a certain number of Mokuddums, or head men,
being in general the men of the greatest property and influende
in the village, act on the part of the village, agree to terms,
»gn engagements, and transact negotiations. The village is
bound by their acts.
The Mokuddums, having concluded the settlement with the
officers of government, are charged with the duty of collecting
the revenue in the village.
The collections in the village may be made in two ways.
One is in the mode termed bautchy which is a proportionate
asseasment on the lands of the several Zumeendars, with refer*
ence to the amount of the whole revenue to be paid. Where
this mode of havtch prevails, the Mokuddums have a claim
to an allowance for their trouble in collectmg, which allowance
42 THE LAin> BXTEHITB OT DELHI.
28 termed Mokuddmnee. It may other be piid 1^ goifvm-
menti snd thos fom a dednctkui from the reveooei or by ihe
Tilli^, and thin fbnn an izKrease to the aaBcmaient. Another
mode ia by tankue — that is, theMokuddoms collect &c gtyrem-
ment diaze of the produce i& kind from the other ZaneenaaB
and Ryuts. When this axiangement is pnetifled, the Mokad-
donn, m &ct, become fiumen. The profit la thein, and the hw
ought to be theirs also. They are suppoeed to profit ; mA die
kbor whidi they undertake being for dkeir own adTaniage, they
are not entitled to any other remunemtion.
It is generally obserrable that, where the system of hamteh
prcTsils, the constitution of the vilhge is democntii^ and the
divifflon of property is nearly equaL Where the other practioe
is customary, the village may be said to be gotemed by an
oligarchy, and all the land| or all the influence, is in the hands
of a few.
In future settlements it would appear to be advisable to
pursue the same plan with regard to the internal administration
of the village that has hitherto been followed, and aiVer fixing
the assessment of a village, to let the collectioDS be made accord-
ing to the local rules and customs, without, however, preduding
improvement and amendment when those be practicable.
Thus, though it seems to be preferable that settiements diould
at present be made with villages represented by their Mokad-
dums, the time ma7 come when it will be preferable to make
settlements with individual Zumeendars, on account of the
revenue or rent of the land actually in their possesion. It may
be expected that the dedre for these separate settlements will
arise in the minds of the Zumeendars when their property,
their security, and their conseq[uence shall be gradually in-
creasing.
Settlements should be made with villages for periods of ten>
twenty, thirty, forty, fifty, or a hxmdred years; the longer
perhaps the better. At all events^the periods should be suf-
ficiently long to admit of considerable profit being made by the
cultivators from their own labor and enterprise.
This is the very, essence of the system proposed. If the
BUUIiT» OV FBOPOSSD 8T8TBIC. 43
ptiiiapal object wexe to eactort ligiAy ihe right (^ gorenuimtt
on evesy acre of ddd^mtioii, it is poodble, thatlj able and oon-
adeiate management on that system, a greatersevenne might be
xealiaed for sometime to come; but then the lightest excess in so
ddicate a syBtem would be produetiTe of nmoas oozmequenceff ;
and under the most farocable ciicnmstances the sitoation of the
cnltiYEtoo would xemaia as it is at pvesent, withoat rise or im-
ptOTcmenL
Bbsults of ths Pjiqposxd Ststxh.— The system herein
proposed, of giving to the cultivators greater security of property
in their iands, and encouragement to kbor £dt their own ex-
cbflrre^benefity would donbdeas, in the course of time, produce
a great diange in the character of the agrieultunl class of our
aabjeela
It does not seem to be diflScult to foresee some of the effects
which must take place at no distant period from allowing the
cuMvatar to reap tiie exdnshe benefit of his own labor during
a long wfttkmept or lease*
It may be anticipated that thej would show themselves both
in the increase of cultivation and in the superior qualily of the
pcodnoe. The person who befbie cnltivated one field, which
^ffp^ to support his family and enabled him to pay the
revenue of government, would cultivate mi^e, according to
the extent of hia land and hia mesne. He whose land was
already filled with cultivation, would set about increasmg the
prodnoe, both by sowing more valuable crops, and by improv-
ing the soil. Ilien would follow the stndy and the practice of
the best modes of improving tiie value of land. Hie person
vrix> had only one plough would contrive to procure severaL
He who before had only cuhivated a Utile bajra or jowar, or
other coarse gram, in the rainy seaaon, trusting to the rain of
heaven for his aimual harvest, woold make a well, and secure
a good crop of wheat, sugar-cane, or tobacco, or other produce
yielding a rich return*
At the expiration of tiie period of the settiement or lease the
44 THE LAND RBTXKUE OF DXLHI.
Tillage would be able to affi>rd an increaae of levenue, and the
culuvaton would set out again on a new settlement with fiesh
vigor and enterprise.
The increase of wealth, joined to the secuiitj of property,
would in some instances lead to amassing, while in others the
acquisition of money would lead to a profiise expenditure. The
wealth amassed by one would probably be dissipated by his
descendants. The value of land, however, and landed property,
would increase. Numerous transfers would take place ; pru-
dence would be rewarded by increase of property ; extrava-
gance would suffer, but would, at the same time, encourage the
industry of others.
The love of comfort would increase with the acquisition of
wealth ; a greater demand would prevail for the manufitctures
and the productions of the arts ; the revenue of the govern-
ment and the wealth of its subjects would alike be promoted by
this process.
From the security of property and consequent independence
would arise much variety in character and situation. Each
village would become a county town, and would have its sub-
stantial land-proprietors, cultivating laborers, its fiurmers and
tenants, its mechanics, its tradesmen, all following their respec-
tive professions, according to the division of labor whidi self-
interest and the increasing demand for all articles of comfort
and luxury would suggest.
Another effect to be expected from this system of settlement
is a considerable increase of the number of our subjects by emi-
gration from foreign countries. Our Zumeendars, for their own
interests, would entice numbers to come and settle in their
villages. The new comers would be the tenants of the village
Zumeendars, and would enrich the latter and support them-
selves at the same time, and eventually might acquire property
in the villagei of which their descendants would become esta-
blished inhabitants and resident landholders.
It is proper to consider what would be the effect of such a
system on the attachment of our subjects. It is evident that
EFFECTS OF OUB JUDICIAL COUBTS. 45
we do not at present possess their hearty affections. There
is no reason why we should. There is necessarily a wide sepa-
ration between them and us, arising out of our being foreigners
and conqueroi8| and the difference in color, country, religion^
language, dress, manners, habits, tastes, and ideas.
This is a natural obstacle which we have to get over before
we can win their affections. And the only mode of getting
over it is by conferring on them benefits which they must feel
and acknowledge every day and every hour.
Hitherto our government has not conferred any such benefit
on the mass of our subjects — ^that is to say, the cultivating inha-
bitants of our villages. The permanent settlement has kept
them down in Bengal, and ensured their permanent depression.
No system has yet been adopted in the Upper Provinces calcu-
lated sufficiently to secure for them any permanent advantages.
We should deceive ourselves if we were to suppose that the
system of justice which we have introduced is acknowledged to
be such a blesang as we conceive it to be. That it performs
condderable good there can be no doubt; but, like most human
institutions, it has its attendant evils. These are felt more than
its benefits, and our Courts of Justice are generally spoken of
with disgust, with ridicule, or with fear, but seldom, if ever,
with cordial approbation and respect.
It is remarkable that the natives discriminate between the
character of British functionaries and that of our Courts of
Justice. While they abuse the latter as scenes of injustice and
corruption, where nothing is to be obtained but by bribery, and
where plaintiff and defendant are alike plundered by native
officeiB and native attorneys, they seem to acquit the British
judge of any share in the nefarious practices which they attri*
bute to his Court, and constantly appeal to the individual justice
of the judge against the decree which they suppose to have
been put into his mouth by the corrupt officers of his Court.
Any discussion regarding the Courts of Justice would be
foreign to the subject of this Report. The preceding observa-
tions have been introduced merely to elucidate the remark
46 THB LAVD BBVfitraB OF ISIAI.
whidi was pieviottd J made^ ftetiag that oar tvk had not yet
confiened any audi benefit on our aubjecta aa, being admow-
ledged by them from conTictiea, can focm a groud of atroog
attachment anfficient to oyeroome the obafeadea impoacd by an-
ginal differences.
But if the effects whidi ha^e been anticipated be the leaolt
of the system of vUkge settlementa piopoaed, we shall then
oeitainlyhayeaclaim on the affectian of ihat nyieroos daaa of
our subjects, the Tillage landholden.
They will compaxe thdr own situaiioa with ihafc oi the eul-
tivators living under other governments; th^ will acknow-
ledge that we hare conferred on them unxivaUed adrantages;
ihey will feel that their interesta are identified with ouza. And
if once thia feding be establiiJhed, the oooaeqneni adTantagea
would be immense* Instead of leqaiiing, as at jnesmt^ troopa
to control our TiUagerSy we might depend on the latter for the
defence of the country against foreign enemies^ and iixe aupport
al the government in any case of internal distiufaanoe.
It is, perhaps, impoasible to foresee all the remote effiwfci of
such a system ; and there may be thoae who would aigne that
it is injudicious to establish a afstem which, by ^y^ti^g a &ee
and independent oharacter, may poasiUy lead at a future period
to dangerous consequences.
There does not appear to be suflicient reaaon to a^rehend
any evil consequences, even at a remote period, firom the inlzo-
duction of thia system. It rather seems that the estabUshment
of such advantages for the bulk of our subjects ought to attech
them to the government which confers the benefit.
But even supposing the remote poanbility of the evil craae-
quences which may be appr^ended, that would not be a
sufiicient reason for withholding any advantsges firom our
subjects.
Similar objections have been urged against our attempting
to promote the education of our native subjects; but how
unworthy it would be of a liberal goveameni to g^e weight
to such objections.
CITE IH7TT TO THS PSQFZ.B. At
The world is governed by an irresistible Power, which giyeth
and taketh away dominion; and vain would be the impotent
pradenoe of men against the operations of its almighty in-
fluence. All that rulers can do is to merit dominion by pro-
moting the happiness of those under them.
If we perform our duty in this respect, the gratitude of India,
and the adnifa&m of die ^wofld, wiB aoooBapany owr name
through all ages, whatever may be the revolutions of fiiturity;
but if we withhold bkssisoigs feom our subjeoto fiom a selfish
apfwehennon of ponible danger at a remote feriod, ve ahall
not deserre to ke^ oar dominioB; we ahail vwRt that revene
which time has posibly in store for izs; and shall ML wim the
mingled hatred and contempt, the hisses and execratiom^ of
mankind.
48 MODERATE A86BSBMXHT8.
ADYANTAOfiS OF MODEBATE ASSESSMENTS.
[The following private letter^ a copy of wliich I find withoat-date, bat
which seems to have been written in 1826, after Metcalfe's second appoint-
ment to Delhi, iUostrates the mild, bencTolent character of bis dealings
with the people committed to his care. He was always of opinion that
Mr. William Fraser, his chief assistant, whose energy and ability he admired
and applauded, was too harsh and nncondliatory in his measures; and, on
these gronnds, he declined to recommend his appointment to the chief seat
in the goTemment of Delhi. He was subsequently, however, appointed
Governor-General's Agent there, and held the appointment up to the time
of his death by the hand of an assassin, instigated by Shumshoodeen, Newab
of rero2ep6ie.]
TO WILLIAH FBASER, ESQ.
Mr DEAR Eraser, — ^I take advantage of being on board my
boat, with a respite between the business I had at Dihlee and
that which awaits me at Futtehghur, to make some desultory
observations in reply to your interesting and friendly letters re-
specting the revenue system of our territory.
The difference between the system you follow and that which
I would like to see established appears to me to be this: you
insist on the full share of government, and make that your
principal, if not your sole, object. I think that the established
share of government is too much, that it ought never to be
rigidly exacted, that the interests of government would be
more promoted by taking less, and that the revenue would in
time be more increased if the cultivators were allowed to enjoy
in greater freedom the produce of their own industry.
In making a settlement, we must, of course, take the esta-
blished share of government as a foundation. But, in the cal-
culations ensuing, I would lean to the interests of the culti-
ADVANTAGES OF MILDNESS. 49
vatois, and make the teirma of the settlement light and easy for
them. And by making the settlements for long periods I
woidd hold out to them the prospect of great profit from their
own industry. I think that the result would greatly enrich the
goyemment by enriching the body of the people.
I would avoid the practice of measuring the crops, that being
a practice which is universally disgusting, and which, it appears
to me, cannot fail of being so. Putting myself in the situation
of the cultivators, I feel that I would, if possible, give up culti-
vation in disgust if I could not raise a field of com without the
collector's people coming to measure it, and exact the full share,
and perhaps more than the share, of government.
AH compulsory measures in cultivation appear to me to be
bad; and whenever it may be necessary to bind people by
penalties to cultivate a certain quantity of land, or certain sorts
of grain, and not to cultivate in other villages, such measures I
should lament as the bad effects of a rigid and violent system.
I would depend for a future increase of revenue on the efiects,
which I believe to be natural, of allowing men to reap the
benefit of their own industry. I would let them cultivate as
much or as little as they found it for their own interest to
cultivate; and the sort of grain or other produce should be at
their own option. The benefit which they would derive from
cultivating their own land I should expect would render any
restraint on that point unnecessary.
No people labor so indolently as those who work in chains-
and by compulsion. Hearty exertion is always self-willed, and
with a view to self-interest
The justice, the benevolence, the wisdom, the expediency,
the necessity of a system of conciliation towards the Zumeendars,
would appear to me to be indisputable, were it not that you
apparently pursue one of compulsion.
If you think that force alone is calculated for the manage-
ment of these people, I shall respect both your opinion and
your experience, but it will require strong proofi to con-
vince me.
E
50 BEYBBniS BETTUaaEMT OF mOMI.
The AflBerence in ze^oiue betifecn, a lig&t Ktfleomt
lig^ one may not be raj gitat; but the difiiffeaee in <
quences ia iacalciikble. A fiew thonwuiA rupees too mnch
exacted maj ruin a diatmV ft^d dnve tlie inhabitanta to end-
giation.
You appear to be eonTinced that jour aaseaaBieate hare be^
fior and modoate. That ihey have been fieur I hare na da«bt;
but, jodgiag from the oonaeqnenoea, I riiould aiq>poae that they
had borne hard on the people. Haa it not been a cobuboh
pracdoe to adl cattle, jewela, and other fxoperty £or the vealiaa-
taon of levenue? Haa not very general diatreaa been oocaaioiied
in consequence? Does not the difficulty of realidng the revenue
increase every day ? la not discontent prevalent? Have not the
inhabitants in some inatanoes quitted their landai and in others
reduced their culdvadon? Are not the number o£ ploagha dimi-
nished?
One-half of the produce, as the shase of government, ia in
itself^ I think, a heavy assessment. But this is fieqiKntly
increased by the nuumes of calculating and fixing the money
value of that share. Then come the additional burdena of
Dustukaaa, Talukana, &c., of which you know the detail and
amount better than I do* Considering that the cukLvatora have
also all the expense, labor, and risk on iheir side, I eonfeas I
wonder how they can bear such an aaKSsment.
Tou are disposed, I believe, to attribute the prevailing dis-
content to the refractory di^osition of the people, and you
anticipate bad consequences from any att^npt to conciHate
them. I am not myself disposed to yield anything to un-
founded discontent, but I think that a mixture of conciliation
and firmness is the system best suited even for refiractory
people; and I dread nothing less than the ruin and depopula-
tion ofour territory from a continual contest between the govern-
ment and the cultivators.
In proposing the settlement of '21 for the Northern Purgun-
nahs, I was actuated by a wish that the revenue might not
decrease; and in the view which I had of the subject I woold
CUIiSiyATIOM OV WASTE IaAHDS. 51
hate bewi aiAfifcd without nm laereMew You do not i^pear to
tlie flime skatm that I do Ie0t the xevenue should
»; and I aiuioiifllj hope that my fean may be orio*
I ehonld itiE be satuficd with the settlement of '21 £br the
Notthem PurgimiMhs, modified so as toequalise the assessmoita
OB; the diftreni Tillages; bat if the people will agree to a better
settfementy so mndi the better. Their pvofita» acocHding to my
ideas, wiU. be dediTed firom the length c^ the settlement and the
aecoxxty oC eajoymg the produee of their own kbcMr^ moce than
from a moderate difference in the assessment Bat they do not
seem to be incfined to agree even to the assessment of '21.
With reflpeei to Hiirreeaiiay bdKeving that that eomitry
ought to be brought £>Tward by light and indulgent settle-
menisci could, without any aelf-rqxroach for breach of duty to
the public^ candnde a l<»g settlement, even without aa accu-
rate knowledge of the means of each Tillage^ becaose I believe
that the infeieifB of goTemm^it will eventually be much more
benefited by die confidauae and prosperity which a long and
easy settlement would diiuse among the people, tiban by the
eacactioit of the amount of its full share of the produce. The
mc«e aocmate our knowledge, however, the better, provided
that we do not too mudi alarm the people ia obtaining it. As
yoo warned me against taking too Uttle firom Hurreeana, let me
entreat you M)t to take too muclk I dreadthe effect of rigorous
exactions, rqpeatad mcaauringp, be., &c, in that country. Its
cultivation sad revoiue have increased under a lenient syatemy
and I am apprehensive that the consequences of a harsh one
would be injurioua to both.
With, r^ud to wastelands, as long as we are trying, season
after season, to extract the utmost firom every village, and are
fighting with the Zumeendaxs to parevent their cultivating in any
village but theii own> it would certainly be injudicious to let any
waste lands ibr small sums on long leases, unless to people who
would ei^iage to bring in. foreigners. But if the system be
established which I wish to see, there will, perhaps^ be no
E 2
52 BETENITB SBTTLEHENT OF DELHI.
danger in letting waste lands for imall sonui at fini, as all the
lands in the country being on long leases, people will have
sufficient inducement to cultivate their own lands. The vraste
lands may be brought gradually into cultivation without present
detriment, and with great future advantage to the reyenue, and
numbers of foreigners may be tempted to settle in our country.
In short, my dear Fraser, I think that your system attends only
to the present and neglects the future, sacrificing for our tem-
porary and delusive increase of revenue the aflfections and pros-
perity of our subjects, and, of coursei the real prosperity and the
revenue of government.
I have given you my sentiments candidly. I hare not the
presumption to suppose that mine must be right and yours
wrong; but every man retains his own till convinced that they
are erroneous. I shall be happy to know your opinion of mine.
Perhaps you may think them visionary, and be of opinion that
the solid advantage of a present increase of revenue is worth
more than all the golden prospects' that I have placed before my
eyes. Perhaps you may think my plans altogether erroneous,
and not calculated to produce the effects that I have in view.
Whatever your opinions may be I shall be glad to know them,
and I trust that good will somehow result from the discussion.
Tou said in one of your letters that you did not give me
credit for deference to your opinions in revenue matters. You
were, however, mistaken. My deference has been practically
proved by my abstaining from all interference, imtil from cir-
cumstances my taking a part in the management of our re-
venue concerns seemed unavoidable. Though I always doubted
the expediency of some parts of your system, I had such
an unfeigned deference for your superior knowledge, that
I kept down my own apprehensions by a conviction that
you were too well informed, too able, to go wrong. And
though I was repeatedly forewarned that what has happened
would happen, and though such forewamings agreed with my
own secret apprehensions, I always assured both others and
myself that it was not possible for such a result to happen
STIMULANTS TO EXEBTION. 53
whilst the zevenue department was in your hands. I felt that
no one but yourself could do what you did successfully; but I
was confident that you could and would carry us through-
How could deference be more strongly exemplified ?
With respect to the present state of the district and its
future management, we depend, as before, entirely on you. I
do not wish to trouble you with my interference. My great
anxiety i% that confidence, and the animated exertion which is
the result of a certain prospect of gain, may take place of that
discontent, consternation, and despondency, which seem to pre-
vail No one could do this so well as yourself, if ypu would see
the question in the same light. «
I have proposed to you in another letter that I should retain
* under my separate management
If this proposal be in the least disagreeable to you, you will
of course tell me so without hedtation^ in which case I do not
mean to press it. But as the arrangement concluded there
may not altogether meet with your approbation, it is possible
that you may yourself be glad to avoid having anything to do
with it, and to leave it in the hands of its contrivers.
* Obscure in MS.
M JUDICIAL AUMUHHTJUTiag OV 1XELHI.
JUDICIAL ADMnOBTBATION 09 DKHL
[The following letters, addressed to ike Chief Secrrtuy irlun HetaJfe
ms Eetident at Hyderabad, were called forth hj the comments made upon
the system he had porsaed at Ddhi by one of tlie members of the Board of
Commissioners appointed to imreitigiAe said adnnxMer te cM afiurs oftbe
Nortk-Westem FkOTiBoei. Aawng ctfaerdiys tiiifclit affSat him by
Mr.Ihm, WM one tetibe effect UHtftkAdbttnarvk to |piai4k«^
to escape fisom pciaon by ^^nnMyng the «T>**iit^ iform of his aentcnce ; so Uiat
one mai^ originaUy sentenced to seyen jean* imprisonmeni^ having been
three times oonyicted of pimon-brealang, was lying in gaol under a sentence
extendmg to fiftyHSX years. Metcslfe s defence of himself and Us vjtnoB.
will be found in the two foDowBig ktten, tbelatterof wiueh was wiitfcai
at Masnlipatam, when in yery bad health he was awaiting the aniyal of Uie
goyemment yacht, which was to oonyey him, for the benefit of medical and
surgical aid, to Calcutta. The yerdict passed by the Goyemor-General (Lord
Hastings) on Metcalfe's general administration of the Delhi territory will be
found in a note attached to the second letter.]
TO W. B. BATLET, ESQ., CHIEF SEGRETABY.
[ExTBACT.] — ^It is with no incondderable concem that I
find myself put on my defence with respect to the system
imder which the territory of Dihlee was governed during my
Residency, as I have always flattered myself that it was gene-
rally approved, and that its success was undoubted.
I never had the presumption to suppose that it was perfect
or free from defect, or incapable of improvement. On the con-
trary, I always considered it progressive, and open to amend-
ment, as conviction and experience might dictate, and the altered
VOBMfiK fiTAZB OT MiaBXJSJL 55
8tafte of aoeietj sdmit. Aixxndis^y, &dibl .tine to &ne, It
iinderwent modifieaiaaiia.
It saened to me to vork ndl, and vheBa I^uiiufced Dililee, I
mm vaaits tlie impmanon that it wae aoitod to the oboiact^ of
the peo^ had iliesr gsaaeai oancaxzeaioeb and proBkoted their
It now, hofwowm^ tffpean to have atttai^ed the xmqualifiad
mpK&uliaB. «if one of Ihe JKemben of the pDeaent Boaid of
ComniiflBioBen at J3£fake, vhoiirvcigh^
If it waa the ahaasd and nusebSevon ayBtem which he de*
SGTibei^ ii 18 aarprinng that for more than tvebe yeaaas, from
Mr. Seton'a accession to the ReaJdency-to my depaitiiie, it did
not attnM^t notice fiom the esik wfaach^ ia that case, it ought to
have iaiifited.
If that member of the Board Jaad been etatipned at Dihlee in
the days when that syBtem gserw up, he would| lam inclined to
thinic, have ^idken of it with less harflhnewt
When the force at Dihlee was not anfficient to keep in awe
the naghbouxang villages; when the Hesident's authority was
openly defied within a few males of that city; when it was ne-
ceaaary to dzaw a foioe from another disbict, aad [employ a
battalion of infantry with guns, and a squadron of ca¥atry , to
ffltahliffh the andioiEily of gavemment in the imrofidiat<ft Yici*
mtf; when the detachment waa k^t on the alert by bodies of
anned ▼illagexs menacing the pick^ and when Sepoys who
stB^red were cut to pieces; when it was necessary to diaazm
Tillages; and when swords wese HtomUy tamed into plragh-
shares; when erery village was a den of ^eves, and the city
of Dihlee was parcelled out into shares to the neighbouring vil-
lages, of which each copartziership monopohsed the plunder of its
allotted portion ; when a company of infantry was necessary to
attend the oflicer making the revenue settlement, and even that
force was threatened with destruction, and taunted with the
menace of having its muskets taken as playthings for the
villagem' children ; when to realise a single rupee of the ae^tb-
56 JUDICIAL ADHIKIBTRATION OF DKLHI.
ment then concluded, purposely on the lightest tenns, it was
neoeflsaiy to employ a battalion of infantry with guns ; when
to subdue a single unfortified yillage a force of five battalions,
with cavaliy and artillery, was decreed necessary, and when the
villagers, instead of awaiting the assault* sallied forth against
this force, and for an instant staggered the advancing oolunms
by the briskness of their attack, — ^if that gentleman had been at
IKhlee in those days he would probably have been more indulgent
towards a system which has brought the Dihlee tenitoiy into
ilie state in which it was at the end of 1818. Of a later period
I cannot of course speak. We had to combat against crime.
The bulk of the population were robbers. We had to subdue
a refiractory spirit before unused to submit to government.
We had to conciliate, and at the same time control, a consider-
able class of people more accustomed to command than to obey,
and ready to wince under the slightest restraint
If I am entitled to any credit for public services, it must rest
chiefly on the successful management of the Dihlee territory
during the seven or eight years of my Reridency, the most im-
portant, the most efficient period of my life. I do not, I ac-
knowledge, like to see that little credit snatched from me by a
gentleman who, without experience of the past, hazards a
sweeping condemnation on the system of my administration.
If the Commissioners at Dihlee are now able to smile benig-
nantly on what they call innocent forgeries, and to give way
to sentiments of commiseration towards convicts — ^if they con-
sider themselves at liberty to let loose criminals on society
without dreading bad consequences — ^it is perhaps owing to the
very system which one of them so strongly condemns and de-
rides that they can venture to do so.
I observe in the minutes of the Board of Commissioners that
the object of punishment is asserted to be the reformation of
the criminal, and that the release of a criminal who has not
become reformed in a certain time is recommended on the
ground that there is no use in retaining him in confinement, as
he will never reform. What I should consider as the true object
TBTTE OBJEOTS OF PUNISHMENT. 57
of pamahment — ^namely, the protection of the commimity — ap-
pears to me to be excluded fix)m the view of the Commis-
doners. If it were a matter of indifference to the community
whether plunderers should be kept in confinement or let loose
at large, I do not see why they should be confined. If their
freedom do not injure society, I cannot understand what
right we have to restrain them. For my- own part, I confess
that the benefit of the community was the sole object of all the
punishments that I ever inflicted ; which object was to be
gained by double means — ^the actual removal of the individual
ofifender from society by confinement, and the operation of ex-
ample to deter others from crime. The recollection of punish-
ment may sometimes prevent a repetition of crime, but, in any
other point of view, I hold him to be a visionary who expects
to produce moral reform by congregating hundreds of hardened
villains in a common gaol.
Light punishments for serious crimes appear to me to be ex-
ceedingly impolitic and unjust towards the community. With
much trouble and difficulty in prosecuting to conviction, the
criminal is let loose after a short confinement to prosecute his
depredations on society, and revenge himself on those who
brought him to justice.
I avow myself of opinion that punishment ought to be severe
in order to be efficient; and that the community which suffers
from depredation is a much more legitimate object for tenderness
than the viUain who commits it. I intrude these sentiments on
your notice, because they very much actuated my judicial pro-
ceedings when I was Resident at Dihlee.
Different crimes called most loudly for suppression at different
periods. At one time night-robbery with housebreaking was
excessively frequent, and measures of severity became necessary
to suppress it. This crime is made light of by the Dihlee Com-
missioners ; but in my opinion there is none against which the
community more requires the vigilant protection of a guardian
goTemment. The assurance of sleeping in securify is one of
the greatest blessings that can be conferred on our subjects.
$B juDidJLL ADMnxsnuncav or dblhi.
ftilddiv and ftever would £ul, io poaub tint ckai of <aimt willi
aevedlTf . Ai aBntker tkne, die zeoeiviiig nf •fcokn goods «h
■> pBenlent m to AttOMt psrtieakr aotioe, and k beomeiieoe&-
my to opezate agaiiMfc llist evil, and to break up the gmgi
eanoeiaed ^ iL
Ai one period die jttaDiq>tB aaede to faeeak prinm woe ipe-
f aent and ahnaiing The deipegifce charecter of the [aimafii
vithm the geol^ and the daring oounge and aotiiitf of dvir
fiaends without, eaaaad nmndrrimhte appBeheBrim fv the aeea-
zilj of die priaon. It waa olwiuui that to aptaehfladand eo^
vieicrinunaboooldbeof no permanent naevnleaBthejooiild be
refcaiaad in confinement* The guavda wen alannedi and not
vidunt came, fir asttempli wesa made to destroy them, and
in aane isHtaneea aaooeaB&iUy. Along with odier aaeaBnrea
adopted for the security of the gaol, an order waa iaaaed dot
every prisoner esoaptag, or oonvioted of an attempt to escape,
ahodd hffre has period of oonfinement doubled, and that erery
prisoner giving evidence leading to a oonvietianof aconspazaigr
du>uid have his ease fiivorably oonsidered. The latter part of
dns anangement veqnired oantion, to prevent beii^ ioposed
upon by fiEilse charges. But where the chaxge was proved, the
infcraner was Teleased, or bad his term of captivity ehortened,
and die coljNit underwent die execndcn of the former part of
the order. Wben the term of die prisoner's sentence waa oon-
rideraUe, die doubling <^ it makes a greater show dian in or-
dinary oases, and bas been mnch commented upon by one of
the members of the Dihlee Board. Yet, the order beaag in
enstenoe, it could not widi any ftimess be relaxed in &VQr of
the greater criminals; neither could it be sacrificed because
some were so hardened as to repeat die ofifence again and again.
Henoe, in some instances, the ultimate sentence of confinement
extends to a length which must appear surprising where the
causes ase unknown. It is, bowever, to be observed, that the
power of eventually relaadng die severity of the sentence, wben
the necessity of upholding the rigid enforbenent of die order
omnoK oc liOBD HASxiKas. 59
ni^bt ha^e ceMed, Temaxned witii iJie antkoiity^iliidk inpaBed
it, or the successor of tiiat vathority; aoMl it was ^oie of ifae
a^rantigesof the BytftenpoEBsed at IKhlee^ thrt afl^noBBireie
open to <x>Trecdon, und that even if injortioe ipere aeeideBtaMy
eommittedy it was not Brtemmuibfe-
TO. W. B. BATLET, ESQ., CHIEF BBGBBTIKT.
Sir, — I hsLYt the honor to acknowledge the leceipt of your
despatch of the 25th S^tember.
I am sensible that I ought to be satisfied with the favorable
judgment which the Bight Honorable the Ooyemor-General
in Council is giacionslj pleased to entertain of the general
character and operation of mj administration* at Dihlee; but I
cannot expect to find eveiywhere eo much indulgence and con-
flideiation* Of this, the censorious remarks of the Western
Boaxd* whether suitable or otherwise on the part of those
gentlemen, furnish eridence. I jnust be jirepared for a rigid
aentence on the particular dicumstances adduced, without re-
ference to general merits or quali^Hmg circumstances. I taist,
therefore^ that I ahall be permitted to offer a few additional
observations in further eiylanation of those facts wliich are
deemed obyectionahlej and that in so doing my conduct will
• The Goyenior- General liad iiis talents and indefatigable ajmlica-
writien, in a Judicial Keport to tlie tion. The reverence with which the
Home Gorermnent, " it ii impos- natives behold the exeroiBe of sadi
fiible forme to doae these obscxva- qiuJitiea has gone far to counter-
tions without rendering to the cha- oaJance the frowardness of a restless
meter of Mr. Metcalfe that tribute and unattached people. I trust my
which it eminently demaDda. I have representatLon of a conduct so mate-
had the best opportunities of learn- riaUv conducive to the advantage of
ing the tenor of his conduct; the theCompanv cannot fail to recom-
htnessy the patieDce, iht mo- meni Mr. Metcalfe m a partiailar
delation^ the kiamiess wluch mark manner to the consideration of our
an his proceedings towards the na- honorable employers."
tives, are not less distinguished than
60 JUDICIAL ADHIKISTRATIOK OF DBLHI.
be ascribed solely to xny anxiety to remove or prevent unfi&vor*
able imprenons wbich may be formed.
If one duty be more sacred tlian anotker, that of a judicial
functionary, distributing punishment to his feUow-ereatores^
must be regarded as one of the most sacred kind; and I should
be sorry, indeed, to believe that I had exercised such a power
without due regard to its serious import and consequence.
I have no pretenrions to infallibility of judgment, and no
security against errors. But in proportion as these were fie-
quent or rare, and outrageous or innocuous, I must have been
unfit or fit for the situation which I held. It is a duty, there-
fore, to myself and to the government which I represented, to
endeavour to show that what is blamed is not so blameable as
it may seem.
The 3rd paragraph of my letter of the 16th of August lias
been misapprehended. I did not conceive that I was put on
my defence by government with respect to the judicial system
of the Dihlee territory.* My expressions referred entirely to
the attack made by some of the gentlemen of the Western
Board. I was fully aware of the benevolent intentions of go-
vernment in allowing me the opportunity of explaining the
cases specified in your former despatch, and gratefid for the
consideration therein bestowed.
I am perfectly sensible of the justness of the remarks con-
tained in the 7th paragraph of your last letter, and have
deeply to regret that the record of trials in the Dihlee Court
was not made more complete. The truth is, that my attention
was devoted to the causes almost solely at the time of trial, and
that it was only on particular occasions that I took pains as to
the record. The reasons of my decisions were explained in
open Court; but the record was subsequentiy such notes as they
could take during the delivery of the sentence, and drawn up
by the native officers from recollection, and tmless I saw special
ground for correction it remained as they had prepared it. My
anxiety was confined to the doing of justice. I did not think
* See OMie, page 54.
DSFICIENCT OF BECOSD. 61
sufficienilj of the necessity of showing in after-times that justice
had been done. I did not foresee the kind of scrutiny which
my proceedings were destined to imdergo. Conscious of the
rectitude of my intentions, I did not anticipate that a deficient
record might, at some future day, be made the groundwork of
an attack on the proceedings of the Court in which I presided.
I now see my error. I see, too, that I suffer by it. If the
operations of that Court, good, bad, or indifierent — ^if its effects,
beneficial or otherwise— if the justice or injustice committed
by it — ^in short, if its result as to the welfare of the community
for whose use it was created — could be fiurly compared with that
of cotemporaiy Courts, I trust that on the whole its character
would not be depressed below par; but I do not suppose that
it can stand the test of a severe scrutiny in search of defect?,
especially of such as are connected with a want of regularity in
forms which did not belong to it, or minuteness of record at
which it did not aim. For such deficiencies I can only offer
in extenuation the probably insufficient plea that a laborious
personal attention to those details would scarcely have been
compatible with the discharge of the various duties which I
had to perform.
In the lOth paragraph of your despatch, with reference to
the punishment awarded to prisoners for escaping, or attempting
to escape, from gaol, it is observed, that the question for con-
sideration in the cases specified ought to have been, not as I
had represented it, '^ whether or not a standing rule was to be
relinquished in consequence of a prisoner's being so pardoned
as to set it at defiance by continually repeating the o£^ce,"
but "whether the standing order, which had been found in-
effectual for the purpose intended by it, and which in its
operation had led to an embarrassment and disproportion of
punishment probably not foreseen, should be revised and quali-
fied in its application to particular cases.''
On this point I beg leave respectfully to submit, that if the
standing order had ever appeared to me to be ineffectual, tiiere
would have been no question in my mind as to its revision; it
would instantly have been repealed; but though it was daringly
68 JT7DIGIAX* ASiONlSTaATiaK OV DELHI.
Tklvted m some hwtanceis I meter dooUed ks geaeral effictt^.
IfeveTjkwvereto be reviaed becuMC ii had in aome lartwiiees
been bfokea, no law could long be maintained^ Tbe qneataon
iiyfim**^ in your deipaAch aa the pioper one, appean to me to
be one which would naiunlly arise on a gOMial leriev of tbe
caae, atei nnmeToiia inataneea of embaaaament and dia|»Po-
portion of paniahmmtt but not aa one wtuch would oocux on
the trial of indiTidnal offendeiiL On iaolated triab^ I think the
moat pKofaaUi^ dctenninatbn would be thai which actwAjr took
plaee — ft xeaolntion to uphold the lawagaiaat nhacdened sinner.
I am not now defending the rule. It mny haire been a bad
one. It may eventnaHy have proved an inefficaeioiia one. I
only mean to i^resent, that if I had suppoaed it to be either
the one or the other, I diould not have inatituted it, or should
subsequently have abandoned it* I have seen it aaKrted to be
un£dr to puniah priaoners for attenq)tingtoe8ci^. 1 need not
say, for my proceedinga will have abown^ that I am of a dif-
ferent opinion, and that I think it not only just to oppoaeeTeiy
poasiUe barrier to the escape of a criminal, but due to the com-
munity far whose protection and welfare he ia lestraaned. It
is unnecessary, however, to trouble you with any detailed dk-
cossion on this specnlative question. Oth^nviae I might allege,
that my c^iaion ia supported by the law of "^"g^nd^ whieh, I
believe, eondenna to death convicts who xetum from trans-
portation before the expration of the term of their aentence.
I do not propose to advocate this law; but it may be observed
that it ia more severe than the rule whidi was establiahed at
Dihlee, and that, like other lawai its occaoonal vioktion haa not
necessarily led to its abolition.
On the xneqvality of puniahment £br the, same offence, ad-
verted to in the 11th paragraph of your despatch, I would
submit that something may be said in its favor. The gr™^^w»l
who is confined for a long period haa a greater induconenft to
attempt escape than the one who ia detained for a abort time,
and therefore requires a greater dread to deter him. No ad-
ditional period of confinement could be fixed which could be
- XQUJkUSATiQv OB FUKiaHiaDrr. 63
eflficadgwrely and jaatly ap|Jicahlg to alL Wkatwonld be quite
ini'iffiwriomg as a pie^entatLTe to pexaosa under seixteace for a
long temi, might be eiueUj aeiFere ae a puniakmeBt on those
GOBfined foe m. ahort one* For isataaeev eddkioBaL ^wnpwp^^,
ment fiur a yeaz would be no object of feav to a hasdened
crimiBal amdenmed fas fourteen.; but if a poor metdi, aen-
tenoed to s nonth'a detentioa for aoiae pettj offence, wexe in
wsntesmeaa to attempt an escape, his suiqpkmentary pmnah-
ment would be twelve times as mudi aa hia ordinal sentence.
On tlie whole, it maj, perhaps, be doubted whether there
would not be a more real disproportion in the puniahment if it
wese fixed, than if bweie piopOTtionafietD the oi^inal sentence.
I beg to be understood, not as eontestiz^ the argument with
government, but aa repxeaeniing what were s^ induoemenia in
the ooozse which I puiEHtted«
In the case of Rounhnn Khan, I trust that I diaU have lihe
benefit of the following coBsidorationa: — I. That where there
exists a diacredcnary power there is neoeaaarily room for a diE-
£ere&ce <^ opinion. 2.. Thai .a judicial fimctionaiy esBeieiaing
that power muafc be guided by his own. 3. That ii is impos-
sible at a distant period to bring to view the parideolar eiicnm-
stances which, maj have influenced the judgment at the time of
pasting sentence. 4. That I must have been aatisfied, both of
theactnalgniU of Roushun Khan, and of the heinousness of his
offence, beibce the sentence was passed.
In the regpatt of the Western Board on mj pcoceedinga in
that casey Boushun Khan is represented as ^convicted on strong
presnmption;" which I understand to be a translation of a Mar
homedan kw term, mpamng that has gmlt was profed to tite
aatiafagibn of the Court : for I utterlj disalsm havii^ever been
induced to inflict punishment by any sliong presumption, with
re£aence to the literal signification of the words^ diort of satis*
factory and convincii^ proof
With these prdiminary ronarkst I shafi proceed to state tiie
case of Boushnn Khan in the H^t m which it strikes me
One of the police guards whose duty it was to protect the
64 JUDICIAL ADMINISTRATIOH OF DELHI.
people from robbers, took advantage of his nigbt watcb to
commit a robbery on a person deepmg in the supposed security
of his protection. For this crime, proved to the satisfaction of
the Court, and considered by the presiding judge as of a most
heinous description, he was senteneed to imprisonment and
labor for life, in order that the determination of the Court to
inflict severe punishment for such ofiences committed by the
servants of government might be made manifest, and that the
community might be protected against the depredation of those
who were paid at the expense of the people for their protection.
I will not intrude further, except to remark, that I have the
honor to concur entirely in the satisfaction expressed in the 13th
paragraph of your despatch at the subsequent release of the
prisoner after seven years' confinement. The purposes of his
sentence had been accomplished, and mercy might be exercided
without injury to the community. It would, perhaps, be bene-
ficial if opportunities were oftener afforded, throughout the
world, for the revision, after a time, of sentences, wherein the
punishments have been awarded. at the discretion of the judge,
with a view to prevention by the severity of example ; for
however proper such sentences may appear to the judge at the
time, it must often happen that lenity may afterwards be exer-
cised without injury to the community— and that the original
sentence may justly be deemed too severe, when viewed solely
with regard to the individual and his actual crimor-though
the same sentence at the time of passing it may not have
been improper; inasmuch as that die individual who wars
against the community by his crimes, becomes amenable to the
penalty which the welfare of the community may dictate.
Such are the grounds on which I would rest the vindication
of my proceedings in the case of Roushun Khan, without pre-
suming to dispute the superior wisdom of the decision expressed
by government ; and with a perfect sense of the liberality and
consideration which have been accorded in the view taken of
the several subjects noticed in the despatch to which I am now
replying.
GENERAL BESULTS. 65
GENERAL RESULTS.
[Before closiDg this series of papers relating to the internal administration
of the Delhi Tenitories, it will be well to give the following summary of the
resolta of Metcalfe's goyemment^ written many years afterwards by him in a
minute recorded on the proceedings of the Supreme Council.]
It may be as well to mention a few facts as characteristic of
the spirit in which the former administration at Dihlee was
conducted, and the discretionary power of the superior autho-
rity exercised. Capital pimishment was generally and almost
wholly abstained from, and, I believe, without any bad effect.
Corporal punishment was discouraged, and finally abolished.
Swords and other implements of intestine warfare, to which
the people were prone, were turned into ploughshares, not
figuratively alone, but literally also; villages being made to give
up their arms, which were returned to them in the shape of im-
plements of agricidture. Suttees were prohibited. The rights
of government were better maintained than in other provinces,
by not being subjected to the irreversible decisions of its judi-
cial servants, when there were no certain laws for their guidance
and control.
The rights of the people were better preserved, by the main-
tenance of the village constitutions, and by avoiding those per*
nicious sales of lands for arrears of revenue, which in other
provinces have tended so much to destroy the hereditary rights-
of the mass of the agricultural community. In consequence,.
there has been no necessity in the Dihlee territory for those ex-
traordinary remedies which have been deemed expedient else-
where, both to recover the rights of government, and to restore
those of the people.
When it comes to be decided whether the Dihlee territory
has on the whole been better or worse governed than the pro-
vinces under the Regulations, the question, it is to be hoped,
will be determined by impartial judges, free from prejudice and
passion.
P
06 MILITARY DErXKCE OF TBX DEU9I TEBBITORT.
MEUTAEY DEFENCE OF THE DELHI TEKBIIOET.
[The following letter, which I find without date, hnt which seems to lure
been written between 1814 and 1816, was elicited by inquiries instituted
hj Lord Hastings relatiye to the defence of that kige tiwt of oocmtij
then known as the Delhi Territory, oyer which Metcalfe had oomp&ate poh-
tioal and administndiye control. About this time the Delhi lUwidflnt bent
all the energies of his mind to the consideration of our military position in
Upper India, wrote many ekborate papers on the subject, and wis one of
the Goyemor-General's most trusted adrisers.]
TO JOHN ADAH, ESQ., POLITICAL SSCBBTAST.
Sir, — I have had the honor of reoeiving your cieq[»tflh of
ihe 16ih ultbno^ reepecting the fortifications dtoated in the
ftenitories connected with the Beeidency of Dihke.
If in Btthmitting my opinion, in conformity to your instruc-
tions, I ocoadonally refer to cansiderations which may appear
to be more of a military than of a political nature, I trust that
I shall be excused, on account of the difficulty of patting mili-
tary considerations out of view in the discuaeion of audi a
subject
The British posts, which in various degrees come under the
head of fortifications, in the territories connected with the
Besidenoy of Dihlee, extending from the vicinity of Muttia to
the river Sutlej, a space of about three hundred .miles in
length, and one hun<bed and fifty at its greatest breadth, are
Loodiana, Kumal, Hansee, and Dihlee.
tBUaCBNTS OF ]>AKQBB. 49
Mj (^iBioa MBL dM utility of these ahall be oibmi^d sepa-
rately with re|;aard to laadi; but, in the first place, I will ven-
toK te «olicb the indulgence of his Excellency the Govemor-
General to a few genecsl observatiaos and eacamples which
aiie equally applicable to aU. These I take the liberty of
BtatingL as neoeaaiy to «how the groundwork of the opinions
-wliich I have io suhmil^ though I am awaie that nothing that
I can 4ay wiQ add to ithe 4rt»e^th of the argument so forcibly
aad ooBdnavely ui^ged by the highest authority in the extraot
finm Sir Qmon^ Nugent's areports enclosed in your letter.
The aeoessity of fortifications in conquered counftrles in
contact with nations of military and predatory habits, who
acknowledge no law hut that of force, and inhabited by
subjects soaroely subdued, partly disaflbctedv impatient of laws
and r^ulationB, used and jparone io revolution^ hardy and
warlike, a^>ear8 to be indisputable. Such is the state of the
territoriefi conneded with Dihlee with jegard to neighbours
and .subjects.
Before we detennine to dispense with fortifications entirely,
we ought first to be sore that our power will, uadn: all circum-
atanoes, be too smch respected, that the military character of
the Native States is and will remain too despicable, and that
our «oBquNed sul^^eots are too tm warlike, or too much attached
to -our govemmeaty to render Buch preca'JTtions necessary. But
that such sofipodtioas would be erroneous, numerous events
and every day's experience must tend to establish.
It must oooflsionally happen that countries inhabited by dis-
affected subjects, eager to throw off the yokei, may be left
irithout troops. In such a oase a fortification with a small
gaizison is sufficient to keep the oountry, -which might other-
wise be lost
It must also occasionally happen that countries left without
troops may be ^eKposed to ihe ravages of predatory foes. In
such a case a fiutificarion would preserve our government in
the oounitry^ though the enemy might overrun the phuns; but
if we have neither tro<^s nor a fortification, the public autho-
f2
68 HILITABT I>EFENCE OF THE DELHI TEBEITORT.
rities must flee before the moBt contemptible enemy, and
districts may be taken from us by cavalry alone.
This was the case in 1803. Five companies of infantry,
having no post to retire to, capitulated to a body of irr^ular
cavalry; the civil authorities abandoned their station; and the
district fell into the hands of the enemy. The evil was soon
repaired, because the Grand Army was at no great distance, and
the recollection of the disgrace was obliterated by the spl^idid
victories which followed in that campaign; but the evil and
the disgrace would not have occurred had there been any
fortified post for the small body of troops and the public autho-
rities of the district to retire to.
In 1804 and 1805, when our provinces were invaded by
larger armies of cavalry, in all the districts overrun the civil
authorities kept their posts, having the protection of fortifica-
tions. In Aleegurh there was a government fortress and
garrison. In Suharunpoor the civil authority took possession
of one of the native forts, with which at that time the country
abounded. Fortified houses gave confidence at Moradabad
and Mynpooree, and a fortified gaol at Barelly.
The experience of the past and the possibilities of the future
would point out the expediency of having a small fortified post
in every district, to which the local government might retire
with confidence in the event of predatory invasion, there not
being troops enough in the district to keep the field.
Against such invasions in parts in time of war no army that
our present resources will maintain can effectually secure us.
With such posts in every district, which need neitiier be on a
large scale nor expensive, though the country might be overrun
for a time, the local government would remain, and we should
be saved from the disgrace and injury of the temporary loss of
a portion of our territories.
Of the advantage which we have derived from fortifications
in our military operations, several instances might be adduced.
After the retreat of Monson's detachment in 1804, we should
certainly have lost the right bank of the Jumna had we not
ADYAKTAOES OF FOKTIFICATIONS. 69
posseflsed the fortress of Agra, and the walls, weak as they were,
of Dihiee.
The troops to the southward of Dihiee collected under
the walls of Agra. They there awaited the arrival of Lord
Lake with his army, and had time to recover from the
sensation which Holkar's successes over Monson's detachment
had occasioned, and which would probably have operated
to a ruinous extent had not the fortress of Agra served as a
rallying-point to our retreating and advancing troops. The
exhausted remains of Monson's detachment would nowhere
have found «refuge if we had not possessed the fort of Agra.
It is impossible to say how much we were indebted to that
fortress at that period.
Nevertheless, the upper part of the right bank of the Jumna
would have been lost to us if there had not been walls to the
town of Dihiee. These enabled General Ochterlony and the
late General Bum to make that memorable defence which led
to the destruction of the enemy's army — & defence which could
not have been thought of had not the ruined walls of Dihiee
offered a foundation for hope.
The value of fortifications in Europe is limited. They are
not impregnable, and when an army cannot keep the field,
fortresses generally fall; but in this country^ that is, in the
present comparative state of the military skill of the British and
the native powers, fortifications are to us of incalculable value.
They are deemed impregnable in our hands, and enable us, at
a trifling expense, to keep a country vnthout an army. Though
a native power might obtain a temporary advantage over us in
the field, the natives of India must make some further advances
towards equality before they could attempt, with any hope of
success, to wrest a strong fortress out of our hands^ if defended
on our part with the show of determination.
The fort of Rampoora was taken from Holkar in one day
by a single battalion under Colonel Don. This fort, by the
retreat of Monson's detachment, was left exposed, and remote
from any support. Holkar, however, though victorious over
oar detachment in the field, made no attempt with his enor-
TO HILITAST DEFSNCB €fr TSS DBLHI YXKBITOBT.
moos feroe to take Rompoon. Thie fort, and the owmtiy
around it, remained in our possession throughout tbe war,
though in the rear of the enemy's armj, and &r removed,
during the most dangerous period, from the coH>peration of unj
of our detachments. The garrison not only kept possession ^
the fort^ hut established our goremment in the country, aiid>
even undertook several suocesrful expeditions. The fbrtifioh
lions of Rampoora were of the greatest utility during the war,
and were ihe sole cause of our being able- to keep a vafaable
part of the enemy's country, which otherwise must have fiilles
into his hands immediately on the return of Monson's d!i9-
techment.
Hoping that the preceding observations respecting i^
general utility and necessity of fbrtifioations in this part of
India will meet wil^ indulgence, I proceed to submit a few
remarks with reference' to the particular poets which are
ntnated in the territories under the superintendenoe of this
Presidency. These, 4n their present state, eonsist of an old
ruinous brick and mud fort at Loodiana, some mud works at
Kumal, a serviceable fort at Hansee, and the ruinous stone
walls, with mud repairs, of the town of Dihlee.
Loodiana is die most exposed, being situated immediately <«
the boundary of one of the most powerful States of in^a.
Numerous advantages attend our possessing a fort at Loodiana,
some of which have been lately evinced. It renders dte troops
of the cantonment of Loodiana available for purposes diflbrent
£rom those for which they were originally stationed there. Ac-
cordingly we find that, for the late campaign against tile
Goorkhas in the hills, the infantry were withdrawn from Loo*
diana, with the exception of a small garrison for the fort,
without any apprehension existing in consequence for As
safety of the post — the possession of the fort being sufficient for
its security in any event — whereas, without a fort, a small
detachment at Loodiana would be entirely in the- power of
Runjeet Singh, that post being nine marches distant from any
support, within four marches of his capital, aoidwitinn frve
,43>yAif TAOBa OF A 7QBT AT. LOODIANA. 7 1.
mikfrof one of his fartifimi posts and piinoipal stations. The
foil o£ Loodiana has, in. other lespectSy. also been of gjraat.
service during ^e late- campaign^ It was the d^>6t fox guns-,
atojDBSv. and treasure for Genual Oohtedony's army. It wa& die.
plaoe to which ha-seat his Goorkha pnsoneiB, and fioouL which
he drew his sappliss^
In any war with Runjeet Singh, in the event, of offensive
opeiBtiona on. oun part^ the fort of Loodiana wouldi be inva-
hiahle as a depot,, at which we could, make all our preparations
with Gonfidenoi^ within, a few maoches of the enemy's capital.
Ll the event of such a state of affiurs as might lender it
neceoBsry to act on. the defensive against Runjeet. Singh, the
fort of Loodiana would occa8iQn.him much embarrassment: he
would neither like, to attack it nor leave it in. his rear. If he
should attempt, to take it he would probably fail, and the
failuse might be decisively fatal to his views against us.. K he
should leave it in his rear, the garrison might, cause him great
annoyance in psoportion to its strength; it might even menace
his territories,- and would,, at all eLventa, preserve the appearance
of our government in. the country.
Independently of any speculation on. a future war with Run-
jeet Singh, die possesaion of a fortin the Sikh.territory, on this
side the Sudej, is desirable,, and perhaps neoeasarjr., for the
preservation of our supremacy over die country bordering
on thai rirer^ under vaiioua circumstanoea which, may be con*-
ceived..
If it.diould be deemed ezpedisnt, for instance, to withdraw
the great body of the troops at Loodiana. to a station. at which
they would be more available for general purposes, die conti-
nuance of a fortified fort would show that we were not with-
drawing from die superintendence which we exercise over that
country; for which purpose^ considering the character of die
inhabitants, some o^ensible post seems to be necessary, and a
small post, to be respeetable, should be fortified.
Although the Sikh chiefs generally on diis side of the
Sutlej experience great advantage from having our protection
72 HUJTABT DEFENCE OF THE DELHI TEBBITOET.
against Runjeet Sbgh, it is not the leas neoeasaiy to keep them
in awe; for, having to render justice among them, and in many
instances to enforce the restitution of unjust seizures, we neoes-
saiilj offend those whom we check, and render them diaaflkcted.
The appearance, therefore, of our power amongst them, either
in the shape of a large cantonment or a fortified post, is, per-
haps, indispensable.
Moreover, the continuance of a post at Loodiana is requisite
to prevent the gradual, and perhaps imperceptible, encroach-
ments of the dependants of Runjeet Singh on this side of the
Sutlej upon our dependants. The former would gain con-
fidence by the removal of our post, and the latter would lose it
The former might become presumptuous, and the hitter might,
from fear, court the protection of Runjeet Singh.
The fortified post at Eumal, trifling and inefficient as it
would appear in Europe, is also of great value. It protects a
magazine and depdt, from which those at Loodiana may at any
time be replenished. It afforded great assistance to General
Ochterlony during the late campaign, whose operations in a
gi-eat measure depended on tiie supplies which he rec^ved
from the magazine at Kumal, in ad^tion to those which he
drew from Loodiana. The post at Eumal defends the boun-
dary of our territories in that quarter. It operates on the
Sikhs towards the Jumna, as the post of Loodiana does on
those towards the Sutlej. With a fortification at Eumal the
troops may be withdrawn from that station, and still the
fortification will suffice to overawe our predatory neighbours
in that quarter, and the disaffected of our own country, and to
preserve the communication between Dihlee and Loodiana, and
between the latter place and Meerut.
As Eumal is a considerable station, and as buildings are
going on there which show that it is to be one of the largest
stations in the army, the existence of a fortified post there is of
great advantage with reference to that circumstance, as afford-
ing protection to valuable public buildings, and to the families,
European and native, of officers and soldiers, as well as to shop-
FOBTIFICATION OF KUBNAL. 73
keepers and other inhabitants of the cantonment who may not
accompany the troops when they march on -service. The
confidence and security afforded by a fortified post induce all
those inhabitants to remain without alarm under the protection
of a very small guard. Without the fortification a remote can-
tonment would probably be abandoned by the feeble part of
the inhabitants after the fighting men quit it. The conve-
nience which the security conferred by a fortification is at-
tended with to the inhabitants of a cantonment is in itself of
conaderable consequence, but another advantage concomitant
with this is of greater importance, namely, the prevention of
the alarm and agitation which the abandonment of an established
cantonment^ on account of the march of the troops^ would occa-
sion in the neighbouring coimtry.
If there were a small fortified post at every great military
station it would be of the greatest service, for in time of war
great cantonments, if unprotected, invite attack. The destruc^
tion of a principal British cantonment would operate on the
public in the same manner as the destruction of a capital city,
and ought to be guarded against. A large army cannot be
spared for this purpose. Next to that, a fortified post would
afford the best protection.
The fort of Hansee has some advantages, in common with
the fortified post of Eumal, and others like Kumal, peculiarly
its own. It is our frontier post towards the Bhuttees, the
Shekhawatees^ the people of Bickaneer, and other petty States,
all of a warlike character and addicted to predatory habits, and
requiring an appearance on that distant frontier to keep them
in awe.
The experience of the last campaign has shown to a demon-
stration what was before sufficiently evident to reason, that we
cannot expect in time of war to keep a field force over every
part of our frontier, and next to a field force, a fortification,
which can be garrisoned by a small number of men, is the best
protection for a country. It gives confidence to our adherents,
and overawes the disaffected. Hurreeana, in particular, requires
T4 MILITARY BBVBHCE OF THE DELBSi TSKEITORT.
apMt of tliis.nBiora».both fiaom ka espoMcL atoolioa andfixim
tha charaotgr of ite inhnbitontti.
WhoL the BhiittBM^ took Futtftabad fisom, us in I804r«,
HamM dieoksd thor fiiriher progneat ; and whidn. we flttaokad
tlie.Bhntteeay in 1810, Hanaee was our d^t, and tho point
fieom irhisk oar army marchad on that suooeaBful 6iqp«dition.
Theie oircumatanees are aufficient to evinoe the utility of
Hanaee; Jta importance on a grand scale, with » inew to
posfliUe.e^rents, in oonsaquaiGe of its position, has been deady
ehowa in Sir Geoige Nugent^s convincing report Ita gneat
local adTantage, under existing cireumstanoeat I conoeiTe to be,
that it would enaUe us to retain the country of Hunaaana
against &seign incnision and intmnal insusreolion, though, all
troops, except its garrison, be withdrawn.. The £brt of Hanaee
ip also to the station of Hansee what the post at Kumal is to
the station of KuBBaL
With reference to the advantagea- which the stations of
Loodiana, Kumal, and Hansee derive fiam the possessldn of
fortified posts, I cannot refirain from expoasamg my regfet lliat
there is not one also at Rewaree. That station, when the
troops an withdmwn, is much eiq>oaed, and remote fiom sup*
port. A fortified post would be very valuable for the purpoass
already mentioned. Grokulgurh, a neighbouring native fbrt,
has occasionally been occupied when there has appeMced to be
a neceanty for precaution ; but occasional precautions of this
nature are injiuibus, because they indicate and excite, alarm.
The permanent occupation of a fortified post would tend to
confer both real and imaginary security in times of danger,, and
could never excite alarm. The efficiency which it would confer
on the troops at the station, by rendering them di^Kisable
without hazard, is another point worthy of consideration.
Gokulgurh, the place above mentioned, is, perhaps, too fiir
distant from the cantonment of Rewaree to answer fi>r all
the purposes for which posts are usefuL
I now proceed to submit a few observations reiqiecting' the tar*-
tificadon of Dihlee. Qn the expediency of keeping Dihlee in a
VQBXmCATK)]f OIP IMBLHi: 76
de£eiiflibbstataIdo notpropoaeto tawnbleyon wkh aajreniatk.
Thai 8iiily}«ct has been fiillj disBiuaBd in Sir Geoxge Nugoat'a xa*-
porty nJieKiii the policyvesqpedkney, and neaeaDtjr of preaerang*
80010' Bort of £9]ii60atian.8een»ta'bemo8ta8ti8fiwU)r3y andc^
duahcdjdioinL kaeenaa tbilrtiiere h&^ebeendiflfannceaofaB^
timentiegaidingTaxioaa planB> whick luvre'baen propoaed for the
fbrtification of DiUee. It appears to be generally admitted».that
to fortify DiElee in ft ayatematLoi and pexfeot way, would ob/u^
sion a goaater ezpendkore, than the leaonroeB of goTemment
can witk oonTeniencB anpply £ar ihia pni^ae, and the real
qneatanr seama to be whether the present fbrtification shall be.
rqxuxed and improved^ Cfr all idea of making the. place de&nr
sible be abandoned^ and the wall be allbwed to &11 to total
ndn. I hope that the former propoatiDn will meet widi fay oi>
able atteniaon^ aa I think that the altematiye is on every ai^
connt gready to be deprecated;.
In Yentaring to aubmit my opinion on such & subject, I trust
Uiat my intention will meet with indulgence, thouj^ my pre-
aumptaon be Uameable. The old stone wall might be repidied.
with atone aod masonry, aoid would form ayery respectable de*
fence for Dihlee against our native enemies. If Imay be per-
mitted to judge, idle xepaos of the old wall with stone work ia
preferable by fiur to the patahmg with nrad work, which haa
been, adopted, I anppose, on grounds of economy. The stone
work haa infinitely a moie ieq>eetablfi appearance^ and givesa
better idea ^£ stsengtii... The mud; work being patched, on the*
old atone wall,, haa not that Aicknea^ which is requisite to confar
on mnd work the d^^aee of solidity and dumbility of which it is
capable. Mosaoyex, the mnd works being sloping, and not higher,
are more accessible than the stone wall^ and are frequently made
nae of^ aa a more conveni^it way of going in and out of the
town dian by the gates. The rtone wall would be a secure
piolactien against cavalry. It. would be perfectly defenoble
agajnat escalade; It would not, it iatroe, stand much batfe^^
ing^ but it would stand aa much aa the present mixture of
mud and stone. At the worst, there are abundance of maaona in
76 UILITABT BEFXKCB OF THS DELHI TEBBITORT.
Dihlee, and if a breach were made it would be cut off in one
night by running up an inner wall This is not mere conjec-
ture, for the thing was done during the last nege in the manner
described. The expense of repairing the stone wall could beasoer-
tained by calculation. The late eyer-to-be*lamented Lieutenant
Lawtie submitted, I believe, an estimate to the Presidency. It
would, I iraa^e, in the end, be found cheaper to repair the
stone wall with its original materials than to patch it with mud.
Stones, it should be mentioned, ready cut, are procurable with-
out expense in some places close to, and generally not fiir from,
the walls. If the monthly allowance of 500 rupees, which is
at present granted for mud repairs, were applied without re-
mission to the gradual and thorough repair of the stone waU, I
am of opinion that it would be more economically^ as well aa
more usefully^ laid out than it hitherto has been in mud works,
which constantly require renewing, whereas the stone wall,
once thoroughly repaired, would be very durable, and would
not need much repair afterwards. The fortification might be
improved by a ditch, which could be dug without expense by the
prisoners or the convicts from thegaoL The late incomparable
Lieutenant Lawtie had also another plan for the improvement
of the present fortification, which I will not do injustice to by
attempting to describe. He submitted it, I conclude, to the
authorities at the Presidency, As far as I could judge of such
a plan, it seemed to unite the greatest economy with the utmost
practicable improvement short of an entirely new and scientific
fortification. Lieutenant Lawtie was as zealous and disin-
terested in the ordinary duties of his office at Dihlee, as he
afterwards proved himself to be ardent, indefatigable, heroic,
and devoted in the arduous labors of the field.
If the stone wall of Dihlee be repaired and maintained in a
defendble state; if the fortifications of Loodiana, Kumal, and
Hansee be retained; and if a fortified post be occupied at
Rewaree, the stations connected with Dihlee may, in times of
emergency, supposing them to remain in their present strength,
furnish eight battalions of infantry, two regiments of cavalry,
DISPOTS TOB STORES. 77
and the greater part of Skinner's horse, for field serrice, leaving
two battalions of infantry and the provincial corps of Nujeebs
for the garrison at Dihlee^ and a party of horse to check pre-
datory incursionSy or keep order and tranquillity in our districts.
This supposes that the fortifications of Loodiana, Eumal,
Hansee, and Bewaree may be occupied by provincials or
Nujeebs, or veterans or recruits, or whatever may be thought
most expedient at the time. Without fortified posts in this
eztenave country, it would be dangerous, if not impracticable,
to withdraw all the troops for field service.
This consideration is in itself a great recommendation, but it
is not the only one, of these fortified posts and works. How, it
may be asked, would the late campaign have been carried on,
had we not possessed the fortifications and magazines of Loo-
diana, Kumal, Suharunpoor, and Dihlee? — had there not been
any magazine higher than Agra, as was the case before 1809?
Where would General Ochterlony have drawn his guns and
stores firom? Where would he have sent his prisoners? To
what quarter would he have applied to replenish his wants?
Where would Colonel Mawbey have sent his requisition for a
battering train when one was found to be necessary at Ka-
linjur? Where would the field hospital of General Martin-
dale's army have remained in security?
The only objection to fortifications, I believe, is their ex-
pense. I do not know what expense the fortifications men-
tioned may have occasioned, but the services which they have
rendered in this single campaign must have more than compen-
sated for any expense which they may have caused.
Of the great utility of fortifications there seems to be abun-
dant proof. That they cannot be, or ought not to be, insup-
portably expensive, is shown by the number of fortifications
possessed by petty Native States. The State of Alwar boasts^ I
think, of having fifty-two forts. I do not mean to vouch for
the accuracy of this number, but the number of forts possessed
by that petty State is notoriously and without doubt very
great. The petty State of Bhurtpore, in a small country, and
78 lOLiTABY DsraarcB <nr the nsLHi terbftobt.
witii ^eiy KnitedTeflouraa^ muntaiiiBlbiir finfts of the fijoit mag-
ostade and celebrity, besides otheis of inferior note, aond is con-
iauully inoreaanig the nnaher of ils ferrificaitiaai.
If these petty Steles, irilii liicar limifted lesonsoes, can:
tain nwnemis fortificatienB, the expenae of tbeir
auat he wiAon Tnodenrte limits alaa. Jkad can it be said that
tlie tew fartificatTCffw at present maintained by A» Hanoiable
Company axe too nsmenius for the extent of their donuiioos,
and too expensive irith vefiBrenoe to their xesomoes ? It will
rather be found, I coneei^ve, that the expenses of onr gofvem-
ment on aooount of fortifications aie trifling, and ont of pro-
portion compared in^ the magnitode of ov territorieSy re-
sources, and general expenses, and that of all the fasanches of
onr expenditore tUs is the one ivhioh, men ^un any odier,
iklk short, in the expense incurred, of the impoKtance and
uliHty of die object in view. I fear, however, dutt I have
afaeady exceeded the bounds within which I oi^ht to have
confined fByeelf.
oar THE BOHBABDMBMT (NT FCXBTIFXBiD PLAOBB. 79
ON Tmr. pniTRATt.'n'MTeNT OF EOKFEETED PLACES.
[Tnmsinitted to Lord Moira in 'November, 1814.1
[Hie disastroQB commeneement of ihe Nepnul war, and eBprnAtSkj the
fnhm at -Kalmiga^ ithen General OyiB^ie was HEbd at the hmi ei his
men in an attempt to cany the fortnsB l^ a coup de itoM^ induced Metcalfe
to dam up the following pi^per for the perusal of Lord Hastings. He was
of opinion that the English in India had been rendered OTer-confident by
past successes, and that it was desirable, above all things, that the Govern-
ment should never close its eyes to the dangers of our poahion. Se often,
rt ihisiime ae «t a^nbeaqiNnt peiiod, oQmmentediqNni liieseicknigeis, and,
as will Beaeen Jmw ftac, inaiated upon the neeeaaitji of maintaiiuufraa the
oi4y pKventiv^.aniBflbttent militaiy force.]
Our unfoortunate iiulare at the formerly despiaed fort of
Kalungtt, aUas J^alapaBee, in the Valley of Deyra, rendered
more lemaikaUe than preceding failures by the death of the
heroic Oeneial Gille^ie, is one of a series of events which,
although they have taken place at long intervals^ ave all of
the same chacacter, and have all sprung from the same causes
— canses which demand the serious attention of government to
a aubjeot vitally important to our interests in India.
£very successive failure of this description is more disastrouSi
on account of its influence on the stability of our power, than
on account either of the lamentable fall of brave men or the
temporary derangement of the plans of government, much as
both these effects are to be deplored.
80 OK THE BOMBARDMENT OF FORTIFIED PLACES.
The present opportunity is taken for attempting to bring tliis
subject to notice, in the hope that the recollection of the cir*
cumstances of our recent disaster may procure some attention to
opinions, which cannot derive any weight from their owner,
which would probably be disregarded in a time of peace, and
might appear ridiculous in a career of uninterrupted victory.
These opinions were first excited by personal observation in
the field, and have been strengthened by attention to subsequent
events.
Our empire in India has arisen from the superiority of out
military prowess. Its stability rests entirely on the same foun-
dation. Let this foundation be removed, and the fabric
must fall to the ground. Let this foundation be in the
least shaken, and the fabric must totter. Whatever delusions
may prevail in England respecting the security to be derived
from the afiections of our Indian subjects, and a character for
moderation and forbearance with foreign Native States, it will
probably be admitted in India that our power depends solely on
our military superiority.
Yet there is reason to apprehend that our comparative supe-
riority is in some measure diminishedi in consequence of a
general increase of discipline, experience, skill, and confidence
on the part of the military of India.
The failures at Nalapanee, Kalunga, Ealinjur, Eumona, and
Bhurtpore, are events which particularly call for attention, and
may be considered more important, from forming almost a
system of failure, than from any of the unfortunate losses or
immediate evib attending each siege. Let them prove a warn-
ing for the future, and good may arise out of evil.
At Bhurtpore, four assaults and the greatest exertions of the
united armies of Bengal and Bombay were ineffectual against
a straggling and extensive walled town, situated on a plain,
with a dry ditch, which the activity of the enemy converted
into a wet one before the breach, and defended by men whom
we used to call a rabble.
Our failure on that occasion may be attributed partly to the
BHUETPOBB AND KUMOKA. 81
difficulties which opposed the attack, aad partly to the fimmess
and activity of the defencei and partly to ^e presence of a large
enemy's army under the walla which embarrassed our opera-
tions, and partly to the want of confidence on the part of our
troops after the first check.
But certain reasons were assigned for our failure at Bhurt*
pore, haying reference solely to the mode of attack, and it was
understood at the next si^e — that of Kumona — that these sup-
posed fitults would be avoided by a more scientific course of
proceeding.
Accordingly, at Kumona, we made our approaches regularly,
but the result was failure. We were defeated in the assaulty
and were indebted to the courtesy of a rebel Zumeendar for
permission to bring away our dead. The fort was subsequently
evacuated for obvious reasons, but our failure in the storm was
complete, and our loss, as must be the case, in all failures,
severe.
Eumona was a petty fort on a plain, with a dry ditch, held
in contempt before we attacked it, and not much thought
of since it came into our possession. There was a garden
attached to it which was converted into an outwork, and occu-
pied by the enemy. We attempted to take the garden, but
fidled there also.
The next remarkable attempt to storm was at Kalinjur.
Thia was a hill fort without a ditch, consequently of a different,
description firom Bhurtpore and Eumona. Here also we failed
completely in the assault, though we afterwards obtained pos»
sesnon of the place by negotiation. Kalunga, or Nalapanee^
eeems also to be a hiU fort without a ditch. It is at present
undecided whether our failure at this place is most to be attri-
buted to the insurmountable nature of the obstacles, or the
determined resistance of the enemy. It probably may justly be
attributed to the united effects of both causes. And as it is
evident, from some circumstances, that but for the determined
reastance of the enemy the place might have been carried, so
it may be hoped that all their resistance would have proved
82 ON THE BoinugniiBBrr or jrosnnxD places.
ineflbetoal, had not ike other obitedes been difficok to ear*
mount.
The fiulnraiat Samee, &&, have not beeo aUaded to, beeanae
these took place before the Mahxatta war^ and Ae xeooUec^n
of them was swept away by the gloiknis Ticftotiee of that bril-
liant and fortunate period. The oommenoenient of our sys-
tematic fidlures may be dated from the unfinrtmmte aege of
Hhnrtpoiei where a great portiim of our military fione wis
buied.
It is true that since that period some sucoessful aasanlta have
taken place, but they cannot be put in competitioa with the
fiulures alladed ta
Three inHtancew of sucoeas at present occur to reocdkction:
one under Colonel Hawkins^ in Bundelkund, in 1806; the
capture of Bhowanee by Colonel Ball; and Colonel Adams's
exploit last season.
On the first, a part of his Majesty's I7th headed the storming
party; and the affidr was oonoeived with decision, and achiered
in gaUant style; but the defience was, I bd&eve, lumgnificant,
compared with the defence in the instances of fidlnie alluded to.
The affiur at Bhowanee wasa brilliant one, and an important
one for our reputation, for the people of Bhowanee were
thought invincible; but in reality Bhowanee was only a large
Tillage without guns; and, in &ct, the affiur was a battle on the
plain, for the people, not trusting to their weak defence^ or
despising defensiTe warfare, sallied forth to meet us.
Colonel Adams's assault appears to have been a very able and
gallant operation, but the difficulties which were encountered
did not, it is imagined, equal those which we met willi in the
instances of failure before mentioned.
In each of the instances of failure described, the European
troops — ^that part of our army on the character of which our
power in great measure depends— were employed and defeated.
In each of these instances diflferent reasons have been aaaigned
for our defeat. Some have attributed it to the insurmountable
nature of the obstacles; others have affirmed that the troops
OAVSEB OF FAILUJE^ 83
yielded to alann ou the first check, and would uot advanoe,
though the obstacles were not insuxmountable.
The fidhire in each instance has excited notice for a time;
but die impreasbn occasioned by it in the minds of the Biitidi
community has gradually worn out. No measures have been
taken sufficient to provide a remedy for the evil, the real cause
of which has been overlooked, and we have proceeded to fresh
attacks with the same chances of failure as before.
The real cause of our repeated failure seems to be, that our
opponents now are better able to defend themselves against us
than our opponents were fcnmerly; consequently, that we have
not the same superiority on these occasions that we formerly
poonssed, nor have our troops the same confidence.
The sight of a white &ce or a red coat is not sufficient now,
on all occasions, as it once wa% to make our adversaries flee in
disnay , and abandon defences in which they have well-grounded
confidence.
£ither the gradual and imperceptible circulation of know-
lege has given them a better mode of defence and greater re-
sources; or the charm which ensured us success is dissolved; or
firom some other change of circumstances we are less invincible
than we were; for certain it is, that there have been occasions
on which the backwardness of our troops has been complained
of, and whatever may have been the iomiediate cause of their
defeat, they have repeatedly turned their backs on die walls of
foes who, in theory, would be considered conteipptible, and
who to this day are compared by some writers in England to a
flock of sheep.
This is a subject which cannot be taken too much into deep
consideiation. On our military superiority our power entirely
depends. That superiority is lessened by every defeat.
The evil has gone to such a length already, tiliat» on sitting
down to a mege, a repulse may be judged not improbable, in
the event of an assault, according to the usual mode of pro-
ceeding.
It is true that our superiority in the field has not yet been
02
84 ON THB BOXBABBMENT OF FOBTIFIBD PIiACSS.
called in question by any untoward event, and as long aa we
retain our superiority in the field, our power may be conadered
secure; but repeated fidlures of any kind must aocustom our
troops to defeat; must diminish iheir confidence in themaehres;
must increase thdr respect for their enemies; and must lay the
foundatiofl for great reTcrses of fortune.
Often has the fate of India depended on a single army; often
again may the fiite of a great part of India depend on a ungle
army ; and if every by any combination of unfortunate accidents,
such scenes should be exhibited in an army in the field, haying
the fate of our empire in great measure attached to it, as have
occurred more than once in storming parties, and even in con-
dderable detachments, our power might recdive a blow from
which its recovery would be questionable.
The object of this paper is not, however, to antidpate future
disasters, but to bring to notice the real causes of past misfor-
tunes, in order that remedies may be provided against them in
future, and that the dangerous consequences to which a con*
tinuation of defeats would lead may be prevented.
These causes, namely, the increase of confidence in our op-
ponents, and the diminution of it in our own troops, seem to
have been entirely disregarded.
If we pay sufficient attention to these points^ the remedies
may doubtless be applied which will prevent many future
failures. But if, as heretofore, we disregard the important con*
eideration alluded to, we shall proceed to future assaults as to
former ones, without better precautions or resources, and the
consequences will be frequentiy the same, tending ultimately to
tiie most serious evils.
It is desirable, in the first instance, that the favorable reports
received beforehand relative to the weakness of an enemy's
fortresses, and the inefficiency of his troops^ should be listened
to with caution.
Men of sanguine dispositions give iavorable reports, and
anticipate unqualified victory — ^without refiecting on the 'possi-
CONTEMPT OF OUB EMEMIES. 85
faOity of difliculties and the chances of fJEtilure — ^because it is in
their nature to do so.
Other men, not sanguine, are generally very loth to express
an nnfinrorable opinion. There is always the chance of success.
Enoonraging intelligence is always the most agreeable; and
men do not like to subject themselves to the reproac^ of being
aknnists.
We are apt to despise our opponents, till from defeat we
acquire an opposite sensation.
Before we come to the contest, their powers of resistance are
ridiculed. Their forts are said to be contemptible, and their
arms are described to be useless; yet we find, on the trial, that
with these useless weapons, in their contemptible forts, they can
deal about death amongst their assailants, and stand to their
defences, notmthstanding the skill and bravery of our army.
If we were not misled beforehand by a flattering persuasion of
the fiusility of conquest, we should take greater pains to en-
sure it
It is very desirable that, in general, our troops should not
be carried up to the assault where the obstacles, natural or
artificial, of the fortification, such as may not have been cleared
away during the siege, may be rendered utterly or nearly in*
surmountable by a resolute defence on the part of the ganijson.
Heroism, widi the aid of good fortune, may sometimes ac-
complish wonders; but it is dangerous to trust too much to
heroism or good fortune. Fortune is fickle, and soldiers are
men in whom the love of life, or the awe of peril, must at times
prevail, however subdued in general by valor or discipline.
A angle accident may frequently determine a contest, and
give victory to us or our enemy.
If the first efibrt of valor prevail not, it is rare that a repeti-
tion of attacks proves successful. Ardor and enthusiasm are
necessary to enable troops to go through a difficult attack.
These are checked by the first serious repulse. The troops,
persevering in the same attack, are afterwards, under the in-
fluence of a sensation which destroys their energies and pre*
86 ON THE BOXBABBXEHT GW FOBTIVXKD PLACES.
Tenti BXj aidinated exertkm — ^lo wUdi is not onooinmoiily
added a sense of shame, which prevents flight— and under the
operation of these difloent feelings theysometiines stand to be
shot aty to no good purpose, or roll aboot here and there in
masses of eonfusion, theb officers urging them on, but an un-
controllable sensation keeping them back.
It is therefore deorable that greater .attention should be
shown, than heretofore in general, to the neoenitj of providing
a road for an assault as free as possible from all obstacles, except
those which may arise from the braTerj of the enemy.
Our troops, though, after the repeated defeats that we have
met with, they cannot feel that unlimited confidence which was
alike ihe cause and the result of their former invincibility, have
still the idea that they have only to get at the enemy in order
to show their wonted superiority.
It is dangerous not to give them an easy road to meet the
enemy. If, due attention being given to tlus important point,
our troops nevertheless fail, it will be no good to shut our eyes
to the conclusion that our enemies in India are often as bmve
as men can be,— at least in defensive positiona.
In order to efiect the object proposed, armies should not
adyanoe to the attack of forts without ample means of destroying
them.
It is derirable that a large battering tram, with eveiy equip-
ment for a siege on a large scale, should accompany ev^ army
that may have to attack forts.
This may appear to be an mmecessary caution, as it will pro-
bably be supposed that the measure suggested must be ob-
viously adopted on all occarions; but, in fiust, it finequently
happens that our equipments in this respect are very deficient,
and by no means adequate to secure the object in view.
We have on our side the science of Europe, and we oog^t
to bring it into play. Economy in this department is ruinous.
We ought to be lavish of the contents of our arsenal^ and
saving of the lives of our men. We ought to make ddbnce
impracticable and hopeless. We ought to overpower
USES OF X0BTAB-BATTJBSIB8. 87
•noe by the ▼aatnoos of our means. Tliongh soch weuKxnB
wexe not neoesBBiy fonneily, tbejliave become so bya ohaage
of cixonmstanoeB. Our feimer ^mmderftil soooess arose from
causes wkidi have oeased to exist, or do not piewl in the same
degree. We ought to substitute — ^and we have it in our power
to sabstitate — other souroes of victory suffidently potent,
though of a di£ferent nature.
l%ere is a braach of equipment in neges which might be
made more use of than it is at presoit, to the great annoyance
of ihe enemy, and frequently to his total expulsion. A great
nnmba of mortars and an abandant supply of shdls should be
attached to every besieging army.
There are many situations in which, firom the natural diflt>
culties of the position, an aaeault cannot take place widiout
oonaderable hazard o£ fidlure. In such oases, an -inceaant
shower of shells, day and night, might make the place too
warm for the garrison, and obviate the necessity of a storm. '
There are other occasions in which it may be desirable to
avoid the delay of all die operations of a siege ; and an sodi
occanons bombarding day and night might accomplish the object
in a short time.
lliere are some atuations for which this mode of opemtioa
is peculiarly suitable; (or instance, ihe small hill forts of the
Goorkhas appear to be of this description, and had Ealunga been
bombarded isy and night for as many days as we were before
it prior to our attempt to storm, it is probable that we should
not now have to lament our disastrous fidlure at that place, and
the loss of our gallant general and his brave ccmapanions in
death*
On all occadons dids will prove valuable auxiliaries, fiem
the great annoyance which they inflict on the enemy; and even
in the event of fiiilure in an assault, they would be of the greatest
importance, by keeping up the agitation and alarm of the
enemy, and preventing his acquiring confideDoe^ or indulging
in triumph after his success.
Had there been a sufficiency of mortars and shdls to phy
88 ON THE BOHSABDKnrr OF FOBTIFIXD FLACES.
opon Ealunga day and night, even after tlie nnfertonate attenpt
to rtonni it is ponible that the enemy might have been com-
polled to Bunrender or evacuate the fort, notwithstanding the
confidence which he may have derived fix>m his aaooenful de-
fence.
Decided effects have occasionally been aoo(»nplisbed by
shelling; —
The defenders of Eumona, after evacoating that place,
retired to Ghmowree, with the apparent intention of de£»id«
ing it Had we laid siege to Ghmowree as we laid si^;e to
Kumona, we might have had a repetition of the delay and
disaster which occurred at the latter place. But Grunowiee
was shelled day and night, and the garrison was driven out, I
beUevCf in two days.
A amilar circumstance occurred afterwards at a fort not &r
firom Agra. The engineer made his approaches, and there was
the appearance of a long and doubtful siege; but in the mean
time it was judgedproper to annoy the enemy with shells, and
the place was evacuated before the breaching batteries were
formed.
Incessant shelling annoys the enemy within the forty tries
his courage and patience throughout the si^, and, operating
on a number in a confined space^ its effect must be severe in
causing him a great loss.
By the ordinary mode of attack the enemy is not much an-
noyed during the siege, and if he has courage to stand the
assault firmly, he has every chance of success firom the advan-
tages of his situation.
On some occasions it may be wise, for the speedy accomplish-
ment of a great object, to risk a hazardous assault. The capture
of Aleegurh by a coup de numif being the first operation of the
Mahratta war in this quarter, had a decided influence on the
subsequent events of that campaign. In like manner, the
capture of Kalunga would have had a most beneficial efiect on
the subsequent operations of the Goorkha war. But we had not
the same good fortune.
IKCBBASBD SKILL OF OUB SNBMIBS. 89
Even, however, when an attempt' at a an^ de mam fail, if
our army have the means of carrying on rigorous operations,
the sensation occasioned by the fidlore will quickly subside.
But an army after such a failure, without the means of annoy-
ing the enemy, is in a most melancholy predicament A person
miist have been in an army on such an occasion to judge pro-
perly of its feelings.
The individual who has ventured to put these thoughts to
paper has not the presumption to suppose that he can suggest
the best plan for conducting sieges with effect. All that he
aims at is to lead wiser heads than his own to the consideration
of the true causes of the disasters that have too frequently oc-
curred, and the best remedies to be applied.
If there be any foundation for the reasons which have been
asngned for these disasters, namely, the existence of increased
knowledge, skill, and confidence on the part of our enemies in
general, and the diminution of our comparative superiority in
war&re, it must be admitted that the subject demands the most
serious attention.
It demands attention even beyond the actual subject-matter
of this paper, for if it be true that the military disdpline, skill,
and confidence of our enemies is in any way on the increase,
we ought to turn our attention to the state of our army alto-
gether, and inquire whether it is sufficient for the purpose of
securing our interests in India; we ought, further, to examine
the principles of the policy prescribed by the authorities in
England, and ascertain whether, with reference to the state
of things supposed, it is a policy the best calculated for our
safety.
The writer of these remarks has his mind oflen occupied by
these subjects, but fearful that he has already been guilty of
presumption, he is not bold enough to venture at present on
such a wide field of discussion.
He does not, however, shrink from briefly statbg his opi-
nions on these subjects to be, that an increase of our army is
highly expedient, and perhaps absolutely necessary, for our
90 OH THB BOMBABDflCEIIT 09 VOBXnmO) PLACES.
exitfawm in Lidia; and that we cnf^ to gofcm onr poli^ by
different ooPBJdafirtKWMi fiooi ihooa ^ndea xi^Qiats uie otueu of
iho gorenuMBt at nomai
CiupowerinLidiaxeitoonoiirmiKtuyaiiperiaDlj. Itkna
no foundation in ifae aflaotJone o£ onr waibjecU. b
denTO support fzom dio good-wiU or good fidtk of <
bonis. It can only be nphdd by onr nulitny
that poB^ is best suited to our sitoation in India wUdi tenda
in the gxeatest d^ree to inoesaa onr nuHtuy power by all
means consistent with jsntwe.
▲DimnSTBATION OB HTBERABAB. 91
ADHINISTRilTION OF HTDERABAD.
lAMffust 14. 1826.]
TO OEOBGE SWIKTOI^i ESQ., CHIEF SEGBEXABT.
SiBr-* • • . • Idl ihe 4l8t pttragiapk of the political
letter to Bengal, 2l8t of Jaxraaiy^ 1824, I am blamed for the
employment of European officen in the Nizam's affiurs, after
elati]^ my objections to " the appointment of European mar
nagen in ihe aevexal districts.''
It seema that in attaching tiiia bkme to me there has been an
ovenight of the nide dififarenoe between the aj^intment oi
Bnropean managers in the difltricts, and the employment of
European officers in the Hizam's affidis. The former measure
was never adopted by me, and the latter* was in full play before
my adnrinistratJon at Hy dembad.
I extended the employment of European o£BcerBy but was
not the first to introduce it; and in sereral respects I limited
their fimetions^ and prohibited the ezeroise of indefinite autho-
rity which they had before possessed.
Under the ammgements which I introducedy tihe Bendent
was the channel of conveying to European officers employed
in the Nizam's service the orders of the Nizam's Gksvemment
recetved from the Mimster; and the mode in which our inters
ference was exercised was invariably by the advice and influence
of ihe Resident with the Minister.
98 ADKnrXSTSiLTIOH OF HTDSBAAAD.
Tlie oommumcationB which the European offioen employed
had neceeBBiily to carry on with the native anthoritieB in the
several districts, went through native agents, sdected and ap-
pointed exclusively by the Nixam's Minister.
Nothing can be more erroneous, and to me, fiom local
knowledge, nothing can be more preposterous, than the ascribing
of our interference in the mzam's affiurs to me as its author.
Our interference in every department was ordered by the
Govemor-G^eral in CounciL It was exerdsed by my prede-
cessor, accordmg to his discretion, in the way whidi he deemed
most expedient The European officers employed under him
issued orders by their own authority. This practice ceased
under my arrangements, and evexy matter was submitted for
the orders of the Nizam's Grovemment. When I first arrived
at Aurungabad, the court of justice established by my prede-
cessor used to hold its sittings at the house of the British agent
at that station, and he presided at the trials. This practice was
discontinued by my orders; and in fact, whatever notions may
have prevailed to the contrary, it was my continual study to
uphold the authority of the Nizam's Gbvemment, and to pre-
vent the exercise of undue power by European officers.
But in order effectually to check oppression, which was the
sole legitimate object of our interference, it was necessary to
forward complaints of extortion in the revenue department, and
to ascertain how the affidrs of that department were conducted.
It was also necessary, for the safety of the government firom
ruin, to look into the finances.
Ostensibly, my predecessor had attended to both subjects,
but the Minister had succeeded in rendering his measures nuga-
tory. The Minister, no doubt, intended the same by mine, for
his assent to them, in the first instance, was ready and cheerful,
and they were as much his own measures as any can be which
are adopted by the advice and influence of another. But when
those measures proved efiectual in really checking extortion,
they touched him on the tenderest point; and he became a
willing tool for the intrigues of Messrs, W. Pahner and Go.,
AMomrr of intebfsbencs* 93
who dreaded the e£^t on their interestB of the measures which
I proposed in the financial department
Hence alone the damor raised by a party respecting my in-
terference in the Nizam's country. Hence I am fUsely described
88 the author of our interference, when I was only the faithful
and moderate executor of the orders of my own goTcmment.
My despatch from Hyderabad of the 2nd of February, 1821,
is the first which develops my views respecting the a&irs of
the Nizam's country.
Therein I announce my intentions in the following terms: —
^ Every branch of administration will in time require investi-
gation; but those points to which I propose immediately to
turn my attention, are, first, the reduction of the expenditure
of the government within its income; and, secondly, a general
settlement of the land revenue for a term of years, ia the mode
of village settlements, including arrangement with the heads
of villages for the introduction of a system of police."
This is not, I think, the language of a person who doubted
the intendons of his government as to the extent of his inter-
ference.
The rest of the despatch is in the same tone. It goes on to
say, afler remarks on the probable effect of these measures, ^^ I
can hardly reckon on the zealous support of the Minister in
either scheme, but I do not despair of his acquiescence; and if
he will acquiesce, I am ready to take on myself the labor and
odium of the task."
This announcement is plain enough. It contains the essence
of our interference in the Nizam's country. We were to obtain
the Minister's consent to measures for the public good, which
it was known that his personal interests and disposition would
not aUow him cordially to relish. We were to reform his
administration of the country through him, but in spite of him,
by our influence over him.
Nothing could be more clearly indicated than this is in the
preceding extracts. There is no attempt to induce a belief
that the Minister would be b cordial co-operator in the pro-
94 ADiaNISTBATIOK OF HTDBRABAD.
po0ed xefonnt. His probftble rebotaaoe is avowedly antid-
pated. His constrained acqaieaoeiioe is all that is presaiiied.
The same letter states : ** To insist on good faith bdmg
kept by gOTemment and its agents with the cultiTatoiSy widi
legard to all engagements ; to take caxe that tiie government
and its agents do not exact more than the acknowledged riglils
of the government, — these are objeots the saoeussful aooom-
plishment of which would go fiur towards the restoialioii of
prosperity^ and for which I shall never hedtate to esEeraao
direct intcderence in every part of the coontiy, for withoat it
they would never be accomplished.*'
There is no disguise in this language. It shows openly what
I conceived to be my powers under the instructions of Liord
Hastings; and it was after line receipt of these unreserved
declarations irom me, and at a later period, that his Lordship
wrote to me as follows:^ — ** Let me take the opportunity, my
dear Sir, of saying to you how gratifying the prospects are
which you hold forth respecting ihe inqprovement in onlfzva-
tion and comfort of the Niaam's territories. I feel keenly the
duty of rendering our influence so beneficial; and I thank jroii
oncerely for the generous energy with which you prosecute the
purpose."
What relates to European managers and the employment of
European oflSlcers in the same letter is as follows: — ^The most
efiectual, and perhaps the only sure mode of introducing a
reform into the country, would be by the appointment of Euro*
pean managers in the several districts; bat this I consider to be
prohibited by my instructions, and not desirable if it can be
avoided, inasmuch as it Would be tantamount to taking the
government out of the hands of the Nizam and his Ministers.
I do not think, therefore, of submitting any vecommendatioir to
that effect, unless I should find, after a fair trial, that my own
efibrts, with such aid as I can procure from the servants of
the Nizam's Government, prove unavailing. The occasional
interference, however, of the European officers of the Kaam's
service, for the prevention of oppresdon and breach of fidth on
amouht of intbkfxbbkgil 96
the port of local authoiitieB in the TOanitjr of their lespectiTe
posts, 18 indispenflable, and lahall, without ecniple, haveiecouiae
to this asmstance whenever it may seem necessary. Indeed, I
have already acted on this piinxnple in several instances."
^nie interferoice which I exercised never eacoeeded in prin-
ciple the scheme above avowed* The employment of European
officers of the Niiam's service, for the prevention of oppression
and bieadi of faith on the part of local authorities, was ihe
utmost extent of that interference.
If it was admismble and desirable in one part of ihe Nizam's
coimtiy, it was equally so in all, where the same opproseion and
misrufe prevaifed. Whatever officer was so employed first be-
came an officer of the Niaaun's service.
The employment of officers in inspecting and superintending
the revenue settlements had solely in view the prevention of
extortion — an object which was unattainable widiout a know-
ledge of the terms of the assessments. No part of the coUeo-
tions ever passed through the hands of on Euxopean officer.
There were native managers in every district. There was not
an European manager in any district And during my Besi-
deney the native managers were selected solely by the Nizam's
Minister, without any recommendation on my part in any one
instance; whereas, previously, the native managers of districts
had been recommended by the Reodent in several instances;
an interference which, if it had not been stepped by me, must
soon have taken the government of the country eflEectuaUy out
of the hands of the Nizam's Ministers.
I mention these difieiences of oonduct because, as I have
been attacked as the author of a system of unbounded inter-
ference, and Mr. Russell has ludicrously jdned in the czy, it is
due to myself to show the real state of the case, which was not
only that the interference which I exercised was limited and
defined, but also that I restrained and put bounds to the inter-
ference which was exercised before my administration. And
the more dosely the matter be examined, the more surely it
will be found that the sole olyject of all my inteiference was to
96 ADKIHISTBATIOV OF HTBXRABAD.
check oppreanoii and extortion; and that the aaBomption of
power or patronage, or direct gOTenimenti formed no part of
my schemes.
I trust that I have said sofficient to prove to the Honc»ible
the Ooort of Directors that the employment of European officers
in the Nisam*s provinces had preceded my nomination to the
Bendency of Hyderabad ; that I avowed my intention of con*
tinning it in the eailiest of my despatches on the Mkam'saffiuxs;
that I never did more than extend that use of Europesn
officers as seemed necessary for purposes of check; and that I
never appointed European managers in any district
If I have succeeded, in satisfying the Honorable Court on
these points, I shall, I trust, remove the impresnons under
which my conduct was blamed in the 49th paragia|di of the
general letter of Slst January, 1824.
I legset very much the erroneous impressions which vppeu
to have prevailed to a considerable extent in England n^arding
the interference exercised by me in the affidrs of the Nizam's
Government; because, whatever may be the merits or defects
of the system which I adopted, in carrying into e&ct the
orders of the Marquis of Hastings, it is quite certain that it can-
not be justly appreciated unless it be rightly understood.
At Nagpoor we took the government completely into our
own hands, and the country was managed entirely by European
officers, posted with fuU powers in the several districts. Iliere
was not, in short, any native administration, and the interferoice
which we exercised was nothing less than absolute undivided
government in the hands of the Resident The consequence has
been a state of prosperity and comfort throughout the country,
highly honorable to the British name, and to the distinguished
functionary who has introduced and conducted our system of
interference in that region.
Oar interference at Hyderabad, although very beneficial, does
not in its effects come up to the complete success which has
attended our measures at Nagpoor; neither could it be expected
that it would, for it is in its nature much less efficient.
HTDBBABAB AND ITAOPOOR. 97
At Hyderabad the native government remains unmoved.
Native managers govern every district. European officers of
check are employed ; but their duties are limited in practice
almost ezdufidvely to such as have prevention or correction for
their object; they .exercise no authority without the co-opera-
tion of the native managers of districts, and have no orders sent
to them by the Resident without the previous concurrence of
the Nizam's Minister.
This ia manifestly a very difierent state of things from that
whidi has existed at Nagpoor. At Nagpoor the Resident's in-
terfence was the exercise of all the powers of absolute and un-
divided government. At Hyderabad the Resident's inter-
ference was a continual struggle with the vices of the native
government.
What the effect of our interference at Nagpoor may even-
tually prove, if it be at any time deemed proper to transfer the
government to the hands of the Rajah and native Ministers, the
native government having been intermediately subverted by
the assumption of the chief powers of rule in the hands of the
Resident and European officersunder his orders, remains to bc-
seen* The contingency has no doubt been, as far as possible,.
provided for; but at Hyderabad, if fortunately the establishment
of an honest Ministry should hereafter enable us to withdraw
our checks without fear of the renewal of Chundoo Lall's un-
principled extortions, the native administration would be found
imtoaehed in all its branches, not the smallest wheel of its
machinery having been displaced.
The defect of the Hyderabad system of interference I take to
be, that, from its limited nature, it necessarily falls short of
perfect efficiency, as to its beneficial consequences, because it
is exposed to a great degree of counteraction from the native
administration. Its merit, I conceive, lies in doing the
greatest possible good with the least possible degree of inter-
ference, and in tending to uphold, unimpaired, the Nizam's
Government, while it checks the vices of his profligate Minister.
It is, in short, a temporary expedient for the salvation of the
H
98 ABMIiaSTRATION OW HTBBEABAD.
country, vrluoh may be withdrawn whenerer there be any
flecnxity that the evik oi oppieonon and eodoitian, voiaegrj
and niin« lb? which it waa deeigned as a remedy, will not be
renewed.
TO W. B. HABTIN, ESQ.
Gamp BeeruD, Kb. 2i, 1886.
Mt dbab Martin,-— I am obliged to yon for your letter
of the S7th ult., and condder it as a IdndneaB that yon oom-
mnnicate with me legazding your prooeedingB. Yon speak of
having shaped a course for yourself somewhat difieient fiom
that which I pursued. You do not, however, say in what the
difference consists. You mention an immediate oommimica-
tion with the Minister, in a manner which hnpUea thai you
regard that as constituting a diflfeience. Thorn does not appear
to me to be a diflbrence of any importance. I ooramunieated
immediately with the Minister, until I was so disgusted by his
perfidy and falsehood, as gladly to assign the trouble of person*
ally combating them to my assistants. The more you have
immediate communication with him, the more appidiensive I
should be of your being deceived by him ; fer he has the
plausibility ascribed to Satan, and will assuredly deceive those
the most who most trust to him. Notwithstanding the friend*
liness of your letter, it conveys to my mind^ combined with
other circumstances, erroneously perhaps, an idea of a change
in your opinions respecting past occurrences at Hyderabad. I
have seen, in a letter from a perscm there, who is almost a
stranger to me, addressed to another who is no friend, that you
are understood to be a great admirer of ^^Mr. Bussell's system.'"
What is precisely meant by that term I do not know; but it is
evident that something opposite to my mode of proeeeding is
intended. I hear also that you have> in the most public
manner posnble, avowed your respect and admiration for Bos«
sell's chflffaeter and conduct; Airther, that you admire Ghundoo
Lall, and defend the conduct of Sir W. Bumbold and Mr.
▼IEW8 OF HIS SUCCESSOR. 99
W. Palmer. I ask myself, can all this be tnie? Isit poeedble
that 70a can have imlnbed sentiments which would warrant
such constructions?. If you have, I r^ret the change most on
public grounds, for I can hardly think tiiat the Resident at
Hyderabad can entertain such opinions without injurious con-
sequences. I shall r^ret it also on my own account; for I
would lather have had my opnions confirmed by yoxu:8, and
should have been proud of the alliance of our names in what I
believe to be the cause of truth, honor, and right principle;
but I shall have my consolation, even if I stand idone, and
shall not be ashamed of my singularity, in the opinions which
I entertain, and the oonduot which I pursued, on Hydera-
bad affidn. I must seem to you to speak with more certainty
as to your sentiments than anything in your letter would
justify. The fiu^t is, that you are already set down by the
partisans of corruption as the patron of that cause, which I had
for five years to combat; and you and Russell are classed
together, by his friends, in contrast with your humble servant.
My regret exceeds my surprise. I am well acquainted with
the state of opinions at Hyderabad. I can conceive what feel-
ings you will have found established there, and how and by
whom you will have been beset. The Residency has come
into your hands in a very different condition from that in
which I found it You have not seen what I saw; you have
not had to feel what I felt; you have not been exposed to
what it was my duty to combat Tour opinions on one side
could not be so strong as mine; and you will have been assailed
by an overwhelming mass on the other. I shall, I acknow-
ledge, observe your course with anxiety. Do not misunder-
stand what I have said. I giveto you what I claim for myself,
and what I condemn odiers for not allowing me— I give you
credit for exercising your judgment with perfect integrity of
motive. I admit and maintain that you must take your own
opinions for your guidance, and as you think, so must you act.
I shall never doubt the excellence of your intentions, however
^'ide the difference may be between your sentiments and mine.
h2
^'■:'*'-
100 ABHiyiSTB^TIOK OF HTDESABAB.
Every man mufit follow his own. Mine on Hydeiabad aflbin
are fixed as a rock; and if those of all the world were against
me, that circumstance would not shake me in the slightest degree.
I do not see cause to retract one word that I have ever said or
written against the abominable corruption which prevailed at
Hyderabad. I have said, and it is now in print, that it tainted
the whole atmosphere. The expression was scarcely figurative.
It was almost literally true, for go where one might, the smdl
of it was sickening. If you have leisure and inclination, I
shall be happy to compare sentiments with you on all points.
I am too interested in Hyderabad affiurs not to have the incli-
nation; and I will make the leisure, whether I have it or not.
It may be otherwise with you; and, if so, do not suppose that
I wish to propose what may be disagreeable. With respect to
my own sentiments, I am willing that they should be thoroughly
sifted, and exposed to any ordeal. I am so strongly convinced
of their justness, that I dread nothing but misrepresentation
and misapprehension. Before I conclude, allow me to thank
you for the consideration which you have kindly shown to-
wards those to whom I had promised appointments in the
Nizam's service.
TO O. SWINTON, ESQ., 8ECBETART TO GOVERNMENT.*
Sir, — I have the honor to acknowledge the receipt of your
despatch of the 4th of May, transmitting copies of correspond-
ence with the Resident at Hyderabad, relative to the progress
of operations for the improvement of the Nizam's country.
The interest which I must naturally take, both in the results
of past proceedings in that country, and in its future prospects,
will, I trust, be deemed a sufficient reason for the submission of
a few remarks with reference to the contents of those documents.
The general result therein described of our interposition for
* The original of this paper is without date; but it seems to hare been
written in the summer of 1826.
ynJJLOE SETTLEMENTS. 101
the amelioration of affidn in the Nizam's territories is highly
satisCsuitorj, as well as the prospect of future advancement in
proq)erity. I do not propose to trouble yon with any detailed
obseryationSi either on these matters generally, or on those
particular points on which I have the honor of entirely con-
curring in the opinions expressed by the present Rodent.
My remarks wiU be confined to those questions on which I see
ground to entertain sentiments in some degree differing from
his, or which may seem to call for some explanation on my
part.
In accounting for the alleged partial failure of some of the
village setdements conducted by British officers in the Nizam's
country, it appears to me that too much stress is laid by the
Resident on causes which did not operate injuriously to any
great extent; namely, the supposed inexperience of the officers
employed, and the assumed inequality of the assessments, when,
in reality, the counteraction of the Minister, the exactions of
his officers, the want of vigilant superintendence in some places,
and local influence advei]^ to the success of the settiement in
others, were the effectual causes of failure wherever it has
happened.
Speaking of these setdements generally, it is acknowledged
that tiiey have rendered great benefit. To them alone do I
ascribe our success in checking the extortions of the Nizam's
Minister and his local officers. By no other proceeding could
that object have been accomplished. Without limiting the
demand on each communis, and ascertaining the limit, we
could not have prevented tiie licentious exactions which pre-
vailed. That prevention was the main object of the measure.
In proportion as we have accomplished that object, our plan
has succeeded; in proportion as we have failed in that object
our plan has failed.
The success has been so extensive, notwithstanding the nume*
rous obstacles which were adverse, that, although in this, as in
almost every other arrangement ever adopted, it may be un-
questionably true that it has not in every particular instance
102 ADMINI8TRA.tlOH OP HTDSBABAD.
^oalty soeoeeded, the general chanMsler of the Bieemure may
gaffer undue dispaiagement by magnifyixig de&ctB whidi, al-
though undeniable in some degree, were in bid very little, if
at all, instnimental in producing any failure thatmay haire been
ezperienoed.
There was no oonoeit that, in roperinlaiding Tillage aeltle*
ments, we were introducing any improyement on the inetitu-
tione of the oountry. We were only following an eatabliahed
mode of aasesBing the revenue common to Indian Govenunents,
and familiar to the cultivators of the Nizam's dominions.
If the Minister oould have he&a depended on, he did not
need instruction from us in forming revenue eetllftmcntH. We
merely did what he would have done, if he had cared fox
anything but the power of eztracldng the utmost piocnxable
sum of money; and by limiting his demand within fixed
boundaries, the great objeot of our village settlements was ac-
complished.
It seems to me to have been too readily admitted that the
inezperienoe of the offioers employed in the first settlement has
to any serious extent affected the operation of that arrange-
ment. They were necessarily inexperienced. So are thoee^ for
the most part, who are now employed. So^ firom the nature of
the service, officers empbyed in civil duties in the Nizam's
oountry are generally likely to be when first called on to dis-
charge those duties. Butitdoes not strike me that our first set-
tlements in the Nizam's country went wrong in any great degree
firom the inexperience of the offioers ^nj^oyed. What they
may have wanted in experience was mote than counterbalanced,
in my opinion, by their talents, zeal, and judgment
There are two modee of making village settlements; and,
with attention, either may be mastered in a short time, without
the advantage of previous experience.
One, very detailed, in which every minute particular neces-
sary to the defining of the amount of the Government right to
a hair, is accurately learned and recorded by the ft«ft««i^^g
officer, through personal examination and labor, on the spot.
MOOS OF SETTLBMfiNT-HAKIKG. 108
TinBj from the time which it requires in ezecntioii, could not
haTO been used with e£bct in our fiiBt aettlementB in the
Nizam's country, and never, perhaps, can be, to any extent, by
the tew European officers theteta employed. Neither does it
seem to be very necessary, if the general value of assets be
known with moderate conectnesB, although highly useful as a
reBouice to adjust disputes and prevent imposition*
The second mode is, to be guided by the village accounts,
and the general knowledge of aasets possessed by the officers of
Government and the village people, taking advantage of all the
information to be obtained on ihe spot, without the delay of
measuring and appraising every separate field and acre; and
this, I am of opinion, will generally be found sufficient for the
purposes of an ordinary village settlement, the only danger of
very serious consequence to be guarded against being that of
over-assessment, and even this, if fidlen into, being susceptible
of an easy remedy, iqpplicable at any time.
lliis mode was the one adopted by the officers employed in
the first settlements in the Niaam's country. They had the
officers of the Government to advocate the Government rights,
the viUagers to plead their own, the accounts of both parties,
with the records of past assessments and oolledaons, to refer to,
and local information and evidence to assist their judgment.
I see no reason to suppose that the means were not generally
efficient for the end; and if the inezpmence of the officers
then employed was neoessarily to preclude a just and equitable
assessment, I do not know what means are even now provided
to secure that object in the settlements which are to come.
Wherever the settlement has had £dr play, the result, I be-
lieve, will be found satisfiictory ; but the mere forming of a
settlement must have been delusive where it was not main-
tained by vigilant superintendence ; and wherever the settle-
ments may seem to have failed, the true causes, I venture to
say, would be found in the absence of local superintendence,
and in the consequent counteraction of the officers of the
Niaam's Government Wherever, fiK>m inattention, the system
104 ▲DHINI8TSATI0N OF HYDESABAP.
of eztordon has been able to make head, the real iailare k ifi
our neglecting to nudntain our cjieck, and not in the defects of
the settlement.
The most favorable specimen of the results of our village
settlement would be found, I conceive, in the districts super-
intended by Captain John Sutherland, and subsequently by
Captain Eric Sutherland, for those districts have had the
benefit of continued able and vigilant supervision.
An inferior state of prosperity I should expect to be found
in the Aurungabad division, where, although able and zealooa
officers have been employed, from the deaths of three super-
intendents, the illness and absence of others, and consequently
frequent changes and introduction of new agents, portions of
those districts were for a long time almost abandoned to the
Minister's subordinates, so that neither, probably, has the set-
tlement been faithfully preserved, nor have its defects, which
ought to have been watched in its progress, been remedied*
I am far from supposing that the setdement was universally
free from defects. What settlement that has ever taken place
in the Company's territory can boast of such a character? But
the main defects to be apprehended are over-assessment from
error, or under^asscssment from fraud, for either of which
the government always has the remedy in its own hands, and
neither, with proper superintendence, can operate injuriously to
any great extent. Under-assessment is no injury to the village;
and against over-assessment at the time of setdement there is
the security that the village community will not assent to an
exorbitant demand; but if they do, and the assessment be ex-
cessive, the defect can be remedied as soon as discovered.
All the evib,' therefore, of such inequalities of assessment as
may not unnaturally occur in an extensive arrangement, and
have hitherto been found unavoidable in our own provinces,
may be, and ought to be, rectified in the course of the superin-
tendence to which the assessed villages be afterwards subjected;
but if the requisite checks on exaction be neglected, and those
whose sole object is extortion be allowed to work uncontrolled^
NATIVE INFLUENCB. 105
ihen not only will the defects of the settlement remain unreme-
died, but ill its benefits will be lost
In some instances, in the first settlement in the Aurungabad
division, the assessment for the latter years of the period was
run up to an amount greatly in excess of that of the first years
of ihe settlement. This was done in the expectation of great
efieots from the influx of prosperity; and the people agreed to
it, either firom the same expectation, or firom mere short-
sightedness, or from an idea that the arrangement would not
last so long as the end of the term. The conduct of the Govern-
ment r^arding these settlements required vigilant attention.
It was my anxious desire that they should be scrutinised and,
if necessaiy, revised; but I fear that the frequent change of
superintendents prevented the execution of this intention; for,
whenever it was taken in hand, some death, or other unavoidable
acddent, prevented its completion.
In the eastern {md south-^stem divisions, the influence of
the district officers enabled them and the Minister in concert to
thwart the successful accomplishment of the object of a village
settlement. The main object was to limit exaction from the
several communities. The object of both the parties above men-
tioned was to render exaction unchecked and unknown. The
European superintending officer was not armed with the powers
necessary to enable him to counteract such a combination; and
the natural consequence was, that our interference was not so
successful in those districts as in others where the influence of
the hereditary district officers was less predominant.
' I do not concur with the Resident in attaching any material
consequence to the circumstance that in many instances in
these districts the officers designated Putwarees were the inter-
mediate negotiators of the terms of assessment fixed on the
separate villages. Those were the only head men existing in
the villages, and were, for all practical purposes^ the local
Patels. In whatever respect their actual character may have
been inconsistent with the original one of their office, that was
an effect of a state of things preceding our interference, and not
lOS ADMINI8TRATIOK OF HTDSBABAP.
xvBulting from it. We found tfaem the sole lood Tilkge
manageiB, and, in dealing with the Tillage oonmunuliei aepa-
Eatelyy had none otheci to i^^7 to.
What mode of settlement may be best ion die aonth-eaafeem
and eastern districts, with zefiBvenoe to the natore of their culti-
vation, and the overbearing influence of the district oBoaa, is
a question on which doubts may justly be enteitaiaed; and I
am much disposed to hold the same opinions that aie ezpceased
by the Besident on that point; but whatever mode be adopted,
unless it be one which shall give us the power of knowing the
extent of demand against each community, and of preventing
exactions in excess to that limits we shall fidl in the object of
our interiexenoe. Village settlements were recommended by
the advantage which they seemed to secure of putting that
power into our hands.
I cannot acquiesce in the supposition that our village settle-
ments actually deranged the connexion of the diattiot officers
with the village oommunities, which seema to be inqdied in a
portion of the Berident's report; for in those parts for which
the village settlement was best suited, whese the influencft of
the district officers was least predominant, the settfemmt
scarcely in any degree a£Eected the zektions of the parties, the
district officers being engaged in carrying it into execution aa
a measure to which they were accustomed, while in those parts
in which the district officers had usurped an overbearing
power, they contrived, in combination with the Minister, to
render the settlement neariy nugatory.
That the evil of inequdity in the settlements was not very
notorious or conspicuous, may be fairly argued, fix>m the fiust
that the Minister proposed and, until urged, insbted on a oon-
tinuance, for another series of years, of the assesement of each
village as it stood at the termination of the period of the last
settlement. The propodtion was injudicious, because advan-
tage ought to have been taken of the terminatbn of the
former settlement to correct its inequalities and imperfections
in a new arrangement; but it must be admitted that the
BEdUI^TS OF THE PIHBT SBTTIiBHENTS. 107
Ifiiiister ivho made that pro|K)eitkHi9 and who has never been
accaaerl of ignoxanoet could not have had on his mind any im-
prasdon of the psvalenoe of any vexy mbchieyouB inequality
in the MPcmmenta, He most have heen satisfied, suppoeing
the proposition to be anoere, that the actual auBussment was
adequate to the lawful claims of the GoTemment, and, never-
tbetesB, not oTerborde&some for liie people; and nothing more
SBtisfiMsto^ can be said in &Tor of any settlemoit.
The Beodent bears a similar testimony to the general aoca-
xaey of the fiist settlements. In noticing the increasing rate
on which they were formed, he observes, that the amount of
the first year's assessment has been folly paid for every year,
bat that the amount of arresr for the whole tearm generally
coincides with the augmented demand for the same period.
This would argue, if no allowance be made for bad seasons,
^nbezzlement, and n^leot of superintendence, that the assess-
ment for thefirst year was wonderfully accurate ; and^ if due
aUowance be made for those drawbacks, it may fiurly be
inferred that, with good seasons and vigilant supervision, the
augmentatiQii might have been realised. As it is proposed
to continue the highest rate of that augmentation in the
ensuing settlement, it must be admitted that it is not deemed
too high for the improved resources of the country; and I am
inclined to believe that, on examination, it would be found
that the augmented assessment hitherto has very generally
been realised from the villages, whethw brought to the credit
of the government or not. The latter point depends on the
vigilance of superintendence, not on the assessment itself; the
accuracy of which is to be judged of from what the villages
have actually paid without injury.
These results of the first settlements, indicated by the Minis-
ter's proposals and the observations of the Resident, are more
fimnable than I could have hoped to see established ; and
wherever any failure has occurred, I am confident that it may
most justly be attributed ^ther to the counteraction of the
Minister and the district officers, or to the want of vigilant
108 ▲DimnSTBATION OF HTBEBABAP.
cbecki or to a oombination of boib cBcaaea, and not to defects
in the settlement; because it was an indispensable part of our
interference to remedy these defects when they were per-
ceiyedi and they would have been perceived where a proper
superintendence and check were maintained.
The officers engaged in effecting the first settlements are
entitled, I conceive, to the highest praise, and I am sony to
see their services disparaged by ascribing to their inexperience
what other causes have been much more active in producing.
Those who come after them have the benefit of their labois,
without the same difficulties which they had to encounter.
All the substantial good done in the Nizam's country has pro-
ceeded from the village settlements; and if we underrate their
value, there is some danger ihat we may throw away the ad-
vantages which they have caused.
It seems that the Mmister has spontaneously proposed to re-
gulate the assessment in the ensuing settlement by the standard
of the past, instead of levying the increased rent, which would
have been warranted by augmented assets.
I am at a loss to understand this proposal as coming firom
the Minister. It appears to be an unnecessary sacrifice of the
just rights and lawful resources of the Government, which, the
expenditure being in excess to the income, is not intelligible.
It is quite incompatible with his real character to relinquish
anything that he expects to be able to exact To limit his
demand to the amount of the last assessment, is also inoon-
sbtent with his repeated complaints to the effect that the last
assessment was too low. He must either, therefore, be con-
vinced that the amount of assessment is as much as can now be
levied with justice to the country, or he must have some
sinister motive in the proposal; and a desire to have a resource
for underhand exactions, distinct from the revenue brought to
account, is not an improbable one. I acknowledge my scep-
ticism, founded on several years' intimate observation of his
character, as to his sincerely intending to confer a boon on the
people by a voluntary surrender of the public revenue. As this
GHUKBOO LALL'S PBOPOSALS. 109
object, howevery is pretended, I trust that his counteraction of
it will be prevented by the vigilance of the Resident and the
local superintendents.
Of the measure itself I do not perceive the advantage. The
expiration of the last settlement afforded an opportunity for
remedying any defects which might have existed in it by a new
adjustment of the assessment. There was no necessity for
presong hard on the people. The Government might have
been as liberal as it could afford to be. It might have relin-
quished as great a portion as possible of its lawful demand; it
might have made its boon to the people, if that was really the
object, as extensive as could be, consistent with the public exi-
gencies; but there was no reason for throwing away the oppor-
tunity of equaliang the burdens of the assessment by a new
adjustment; nor do I perceive any sufficient for rejecting
the benefit of an increase of revenue, if it could be obtained
under a just and moderate assessment.
It is^ however, clear to me, supposing the Minister to have
had no worse motive for the proposal, that it proceeded^ not
from a dedre to relinquish just revenue, which was merely the
color which he chose to give to it, but from an apprehensiveness
that a new settlement might possibly reduce the actual assess-
ment. This is the most honest motive that he is capable of
having entertained; and to his mind, always haunted with tho
dread of a diminution, from the operation of our interference,
of means to support his expenditure, it was not an unnatural
one. Its working is traceable in the manner in which it was
dengned to carry the proposal into eSect.
At first, every village, without regard to actual assets, or in-
equalities of assessment, either proceeding from original error,
or firom changes in circumstances, was to have had precisely the
same burden continued: and this scheme was for some time
persevered in, notwithstanding the representations of the local
superintendents, European and native. Had it been finally
carried through, the consequences obviously must have been,
that in villages where the assessment was in any degree too
1 10 ADMIHISTR4TI0H OV HTDSBABAD.
high, thoee villages would be oppreand and nnned, and ibe
govenunent would lose its lerenue; while in Tillages imder-
assessed, the goyemment would not recover its just rights, nor
recompense itself for the loss sustained in those over-assesBel.
The ccimction ihat such consequences were inevitable eoold
not be permanently resisted; and the scheme was so fiur aban-
doned as to admit a readjustment of the assessment of viUagea;
but it was at the same time resolved that no diflforenoe should
take place in the amount of the revenue of each Purgunnah.
If this mode were not fully as objectionsble as the odier^ it
could only be less so on the supposition that no general over-
assessment had taken place in any Purgunnah. Of this I am
not sure; nor is the suppontion oonastent with the notion of
any great defects in the first settlement; bnt even if that be
admitted, it is still fiur fix>m improbable that diflkrent par-
gunnahs may have been unequally assessed, or that unevea-
nesses requiring levelling may since have arisen; and on the
same grounds on which it is desirable that the asNsnnent of
villages should be equalised, it is not less so ihat the assessment
of Purgunnahs also should be equalised.
If we suppose the case of a Purgunnah actually over«ssesndt
the equalisation of the assessment of the villages of that pur-
gunnah must lead to the over-assessing of alL Such an asBsaa-
ment^ it is clear, could not stand ; and unless remedied in time,
would end in ruin to the Purgunnah and loss of revenue to the
Government.
The right course, on the terminati(m of the old settlement,
manifestly would have been to e£fect a new one on just and
moderate principles, according to assets^ If increased revenue
had accrued to the Government, I do not see that it would
have been objectionable, conmdering its exigencies; but that
might have been relinquished, or taken according to dream-
stances. At all events, the opportunity would not have been
lost of equalising the burden and alleviating the pressure
wherever it might be unusually severe.
That this obvious course was not followed| can only, in my
NSW 8BTTLEMENT8. Ill
mind, be aoconnted for bjr ike sapposition already suggested,
that the Miniater iras apprehensiye of loss of revenue from a
new flSHesBment according to assets; not, peihaps, from a doabt
of the snfficiencj of assets, bat from a fisar that the officers
employed might be too Hberal to the people in fixing the
On the scheme adopted for the new settlement, while the
trouble of a fresh assessment of all the Tillages in each Por-
gunnak is to be gone through, in order professedly to equalise
the assessments of yiUages^ neither will the assessments of Par-
gnnnahs be equalised, nor will those of villages with relation to
villages of other Pmrgunnahs. Unless, therefore, the assess*
ments of Purgunnahs be already equal, the assessments of vil-
lages most remain unequal At the same time, the posmble
benefit of increased revenue will be thrown away, and no ad-
vantage will be gained beyond that of equalising the assessment
of villages with relation to villages in the same Purgunnah; an
operation, after all, of no certainty, unless a perfection be antici-
pated in the new settlement, which never, perhaps, was yet
found in any village settlement, and for which a minuteness of
informatioii ia necessary which can hardly be expected, con-
sidering the mass of work to be done, and the paucity of
laborers.
If it is to be understood, as I brieve, that revenue which
might have been obtained wiih justice and moderation has
been relinquished in the new settlement, although the needless
sacrifice may be lamented, it is gratifying to reflect that the
fault is on the right side, and that the loss of reveirae to meet
the demands of expenditure is a Kght evil compared with the
fatal consequences of over^assessment
The plan proposed by the Resident for the gradual reduction
of the number of district officers is reccnnmended by the coo-
sidentioas which he states; but there seems to me to be reason
io doubt the expediency of our urging it as a scheme in which
we take an interest; for its operation, which from humane and
considerate motives is to be gradual, must be so tardy, as
112 ADHtNISTKATION OF HTBSBABAB.
Bcaioely to have any eflbct during the period in which onr in-
terference may be neceBaaiy, the day, I hope, not being im-
measuxably remote when it may cease; and we cannot after-
wards calcukte on a steady perseyenmce on the part of the
Nizam's .Government in a systematic proceeding to which
powerful interests will be opposed. In the mean time, the pro-
gress of the measure will injure established privileges and con-
ceived rights, and cause discontent in the whole class aflfected,
the shafts of which the Minister will artfully throw <^ from
himself upon us, while the connexion between him and them
for the counteraction of our good intentions will be more closely
kni^ and his co-operation in the measure itself will not pro-
bably be cordiaL
I conceive, therefore, without questioning the utility of the
object, that our interference in this particular is likely to be
inefficadous for good, while the evil to be removed is not of so
crying a nature as to render our intervention indispoisable.
The power of the district officers varies much in degree in the
several parts of the Nizam's territories where di£brent practices
prevaiL It may be usefully or injuriously exerted* Their
embezzlements may be checked, their influence may be kept
within proper bounds, by due vigilance. The cordial co-opera-
tion of the Minister is, however, necessary; and their power is
most mischievous and least assailable when exerdsed in league
with him, to prevent the establishment of sure checks on irre-
gular exaction.
The judicial arrangements contemplated seem to be unex-
ceptionable in theory. How they would work in practice is
uncertain; and I confess that I entertain apprehensions adverse
to any attempts to introduce new schemes of our own con-
trivance, the permanence of which beyond the period of our
actual interference cannot be relied on. As long as our inter-
ference be confined to tiie prevention of manifest oppression,
and to the support of the institutions which exist, we do good
without innovation, and, at the proper time, can restore the
entire management of tiie country to its sovereign in a state of
FINANCES OF THB STATE. 113
unquestionable improrement, its machinery repaired and put in
order, without being a£iected by change; but if we aim at legis-
lation and the introduction of new systems founded on our
theoretical notions, the practical e&ct is uncertain, the sincere
concert of the Ministry for the time being cannot be secured,
and it is most probable that our innovations will be subverted
whenever we withdraw our interference, which ought always
to be conducted with a view to its eventual cessation, and as a
temporary course forced on us by necessity for the cure of
obvious evils, not as a prelude to the introduction of our per«
manent legislation into the country.
I cannot profess to place much confidence in the accounts
received from the Minister, as to either receipts or disburse-
ments. In whatever particular he may have had an object in
deceiving, he vrill, I have no doubt, have suited his account to
his purpose; but the rendering of any account in any detail .is
a considerable step gained, and lays the foundation for future
check and control The success of the Resident on this point
is of the highest importance.
In the accounts, such as they are, it is impossible to avoid
noticing the excessive proportion of the expenditure which
passes through the hands of the Minister, his son, relatives,
and dependants. In this Mahomedan State the holders of the
public purse are almost entirely Hindoos. The Mahomedan.
nobles, possessing any considerable share of advantage, do noL
exceed three or four, including the nominal chief Minister.
This state of things is not unnatural, under the circumstances'
which have produced the entire usurpation of the powers of the
Government by the Hindoo deputy. My motive in these re-
marks is an anxiety that the same things may not be prospec-
tively perpetuated by our influence, and that it may be borne
in mind that the advantages held by Chundoo Lall's relatives
and dependants are conferred by him during his temporary
usurpation, but are not possessions which they are entitled to
retain after the cessation of his power. I anticipate that this
precaution will be found hereafter not to have been superfluous;
114 ADMIKIBTRATIOir OF HYDERABAD.
for before now plenf have been agitated whieh fleemed to hafe
in view the bereditaiy eaooenion of Chimdoo LellV eon to the
abeolateaatocracywUohthefiithernowboUa; and socli plena,
I have no doubt, continae tofonn a part of CSrandoo LalTs Bpe-
culatioQa.
The Reeidenty in notioing the Nimn^a conduct regarding a
loan from the privy pune for the aervice oi the State, vemarks
that it indicatea a aepaiate view of hia own inteieata, aa diatinct
from thoae of hia Oovemment
Hia view could acaroely be oiherwiaei oonuderii^ that he has
80 long been excluded from any ahaie in hia Govemmentv that
every attempt which he haa made to aaKrt hia aovereign li^ts
haa been cruahed, either by our direct interpoaition, or by the
aucceaaftd menace of it on the part of the uaorping Miz^ater,
and that the Prince ia merely a State pensioner in hia own do-
miniona.
From thia condition of thraldom he might now, perhaps,
emancipato himself, widiout opporition on our part; but it has
been too long established to be eaaily caat off Hia mind,
although not naturally, perhapa, incapable of fidfilEng the
duliea of hia atation,muat have been affected by long deprearion
and aeduaion. Nevertheless, he ia '* more ainned against than
amning," and I can hardly imagine a situation more entitled
to pity, or more calculated to disarm censure, than that of a
prince so held in subjection by a servant, supported by an irre-
ristible foreign power.
The further reduction of the rate of interest at which money
is raised for the use of the Nizam's Oovemment, by our inter-
vention, to 9 per cent, is an additional refutation of those
absurd falaehooda by which it was attempted to bolster up the
character of the ruinoua loana from Measrs. W. Palmer and Co.,
to which their acquired influence gave all the eSect of our
guarantee ; while tiie fitct stated by the Resident, that the
Bliniater cannot borrow at a lowerrate tiian 24 or 26 per cent.,
ia a lamentable proof of the total want of credit attached to hia
engagementaL
CHABA,CTBB OF THS HINISTEB. 115
The Resident seems disposed to speak rather ^vorably of
Chundoo Lall's conduct and disposition, and I respect the liberal
spirit which induces him to do so. I can readily conceive that
the conduct of that Minister may have really improved. He
has seen the discomfiture of the interested intriguers who in-
cited him to oppose and counteract our measures of reform.
He must by this time be sensible that those measures do not
proceed merely {torn a local Resident, acting with doubtful
support, but emanate from the Gtovemmeni, to whose protection
he is indebted for his power. Still I apprehend that his nature
cannot be changed. Our interference is a check on him, and
he cannot cordially relish it. I should &ar that too great con-
fidence in his professions, smooth demeanour, and fiuale com-
plianoe, might lead to a relaxation of that wholesome distrust
and watchfulness which I conceive to be necessary to guard
effectually against the vicious habits of his administration. All
that has been gained might be lost by an injudicious reliance
on his dnoerity. We have a powerfiU security in the acut^
nesB and distinguished ability of the present Resident; but
ChnndooLalTs manner is winning and persuasive; his language
18 plausible; and to avoid being deceived by him requires, per^
haps, those proofi of his faithlessness which the period of his
straggle against our measures brought to my knowledge, and
imprinted indelibly on my memory.
We cannot safely forget that his long maladministration
formed the necessity for our interference; that this now rests on
the same ground; and that it mig|it at once be withdrawn if
we could depend on the oncerity of his professed desire to
govern the country without oppression. No one doubts his
ability; we do not pretend to instruct him; nothing, in short,
but the vicious character of his administration renders our inter-
ference necessary. Ab we cannot trust to his oncerity so fax
as to leave him to govern without control, we have the same
ground for apprehending the too great probability of the
opesation of his underhand counteraction whenever the oppor*
tonity m&y be afforded, by any relaxation on our part, of our
just mistrust and vigilance.
I2
1 16 THE BX7BMESB WAB«
THE BUBMESB WAB.
[Tnittmitted to the GoTemor-Genenl, Lord Amhent^ June 8» 1824.]
Our gi^t success in India has induced the systematic haUt
of despising our enemies, and thence we ate liable to disasften
and xeverses from which otherwise we might be preserved by
the actual magnitude of our power and extent of our resooroes.
Our Indian Empire is owing solely to our superiority in aims.
It rests entirely on that foimdation. It is undermined bj evexy
reverse, however trifling, and would not long withstand any
serious indication of weakness.
All India is at all times looking out for our downfall. The
people everywhere would rejoice, or fancy that they would
rejoice, at our destruction; and numbers are not wanting who
would promote it by all means in their power. Our ruin, if it
be ever commenced, will probably be rapid and sudden. There
is, perhaps, no other power on earth, judging from the super-
ficial nature of our tenure, between whose highest elevation
and utter annihilation the interval would be so short. *^ Aut
.Gffisar aut nullus." From the pinnacle to the abyss might be
but one step.
The fidelity of our native army, on which our existence dc-
pends, depends itself on our continued success. Its courage
and confidence must be fed by victory, and would not survive
repeated defeat and disaster.
These sentiments are not new. They are applicable to all
.times in our Indian history, since our power became predomi-
nant. They lie dormant, perhaps, in days of peace and appa*
THE QOOBKHA WAB. 117
lent security; but tlie slightest disaster rouses them into .active
sensibility.
The Goorkha war taught us a serious lesson on this subject.
Though> ultimately successful, it commenced with numerous
failures of various descriptions. The superiority of our troops
over the Goorkhas became doubtful, Zr^ to speak more plainly,
the superiority of the Goorkha troops in mountain warfare
seemed to be manifest, and a coiresponding sensation was created
in our army.
Owing to the character of the enemy, more than any other
cause, our several divisions in the first campaign, excepting
those of Sir David Ochterlony and Colonel Nicolls, proved in-
adequate to the purposes for which they were destined, and it
became necessary to reinforce them. Tlie judicious caution of
the former, and equally judicious energy of the latter, imder
different circumstances, closed that campaign with -victory,
which otherwise would have terminated, as it commenced, in
general discomfiture.
Referring to the events of those days, it is a matter of con-
gratulation that the divirion ordered to penetrate to Elat-
mandhoo, in the first campaign, did not make the attempt, for
if it had entered the hills in the weak columns directed to
advance by different routes, it is not improbable, from what
we afterwards learned of the character of the enemy, that our
several detachments would have been cut off and destroyed.
Our success was ultimately considerable in the first campaign,
during which, however, we had, I believe, about forty battalions
employed against the enemy, in numerous divisions.
Li the second campaign we took warning from the errors of
the first, and the war was terminated by directing a large and
apparently sufficient force — not less, I believe, than sixteen thou-
sand men, including three regiments of Europeans — against the
enemy's capital, which operation brought him to submit to the
peace which we dictated.
The Burmans have commenced the war with us in a manner
which perhaps was little expected. They have the advantage
118 THE BUBXEBE WAB.
of first soocesB, and we hare the difladvantage of dinater, wUdi
18 likely, in however small a degree it may have taken place, to
be of worse conseqnence to ns than it wodd be to ai^ other
power in the world, becatise omemitting socoeflB is afanoat neoes-
sary for our existence. As yet we only know of the deatmction
of Captain Noton's detachment. If after this ihe Bommns be
checked without furliher success on their part, the doud may
for ihe present pass over, to bunt on some future day if we do
not adopt the requisite measures of caution to guard against a
repetition of such disasters. But if ihe Burmans contimie in a
triumphant conrse for any connderable lengih of time, ihe con-
sequences cannot be foreseen.
It is evident that we have an insuffideney of troops widiin any
moderate distance of the scene of invanon, and that die progress
of the enemy has carried alarm to Dacca and even to Oalcatta,
where alarm has not been felt fi:om an external enemy since the
time of Surajah Doula and ihe Hack-hole.
To oppose this apparently unexpected invasion, we are diiveo
to ihe necesdty of reinfordng our troops in danger by eepazate
small detachments, which, if they cannot immediatdy form a
jxmctiion with the corps to be released from jeopardy, may be
separately cut off 1^ ihe enemy. We want a laige coUeeted
force to drive ihe enemy from our country in the first instance,
and act afWwards as may be deemed advisable.
The efiect of our expedition by sea against ihe Barman ter-
ritories cannot be reckoned on with any certainty. We must
not trust to that alone, but should adopt such measures as
are rendered necessary by ihe circumstances in which we are
involved.
We are engaged in a contest with the Burmans on ihe whde
lengtb of the eastern frontier of our Bengal possesrions. Our
enemies appear not to be deficient in either spirit or numb^B;
and we must bring numbers as well as spirit to oppose them.
We ought to cany twenty or thirty ihousand men to Aat
fiK>ntier— or whatever number, more or less, may ensure undis-
puted success. We cannot retire fix>m the contest with eidier
FOBOES SHPI^TSD. 119
honor or uaSatyt xmlrm we deady Q8tfd>UaIi our eoperioiitjr to
the oonviction of our enemy* and of all powea who are speo-
tatoxs of the game.
With two effident and diapoflaUe annies of ten or twelve
thousand men each, complete in every necessary aon and every
xequinte equipment^ and especially abundant in ordnance, one
in the northerns and the other in the southern division ix£ the
hostile boundary, ezduaive of the usual guards of statbns and
depdti^ we may expect to be able to drive the enemy before us;
but if the service should demand more than that foioe we must
provide it.
The «q»dienoy of invading the enemy's country fiom Ben*
gal, the ibroe fit for that undertaking, and the detaib conse-
quMt on such a deaign, aiepcnntsfor oonsidemtiontaadxequiie
for dedaon more knowledge than I can pretend to possess;
but whether we invade the enemy's country or defend our own,
we muat exert ouiselves to establish our superiority beyond
The troops required on our Bengal frontier may be collected
from the upper provinces under the Bengal Presidency, and
frosn the Madras and Bombay Presidencies^ or the itoofB of
those Prndeodes may be used to relieve those of Bengal in.
the interior of India*
To mpfij die place of those fionished from the northeniand?
western pvoviaees of oinr Bengal dominions^ an additienal fineoe-
mnst be raised lor eernee during the war, lor our Bei^^al army
is very much aoatteied in small bodies, and it is not safe to
kaw any part of the country destitute of tmops in tinw of
conttsotioa. The Madras territories are mive, oompaot, and
nofe^ theieforo^ better able to spue troops without lepladng
them; but a considerable force has ahready been sent £Bam that
Presidency on the expedition, and it mighty pediaps» be ne-
ceawry to replace ferther drnfW by additional levies af 80m%
description for internal duties.
The most speedy mode of supplying an apparent^ and even-
tually a real increase of force, is by ^e formation of temporary
120 THE BURMB8B WAR.
battalionii, compoeed of detachments of two or mote oompames
from each battalion not employed on actual service, the vm*
cancies in the battalions furnishing the detachments to be re-
filled by recruiting. This measure was had recourse to par^llj
in the Ooorkha war: battalions were formed from flank com*
panics of corps, and the deficiencies in those corps occasioned
by that operation were filled up. Thus an apparent increase
was at once produced, and a real increase in the most speedjr
manner possible. After the war, the detached companies xe»
turned to the respective corps to which they permanently be-
longed; and the supernumerary Sepoys were absorbed by de-
grees in the standing army. The same process adopted gene-
rally at the three Presidencies would give a very conaderable
increase, with the shortest practicable delay and the least pos-
mbb inconvenience.
Another mode of raising a temporary force is by levies, or
extra battalions, which may afterwards be fully officered, if the
necessity continue, or be absorbed in the permanent corps of
the army after the exigency shall have ceased.
The expense of an increase of our force is an obvious ob-
jection; but no war can be carried on without expense, and
those measures are, in the end, the least expensive which tend
to prevent disaster, and bring the war to the most speedy
termination. A few more battalions stationed in Chittagong
would have prevented the invasion of the Burmans in that
quarter; and we shall probably lose more, merely in a pecu-
niary sense, exclusively of higher considerations, from that
invasion, than we should have lost by the previous levying of
many additional battalions, if this had been deemed necessary.
In such a war it would seem to be a proper measure to have
an efficient force at the capital: at least the full complement of
the station in times of peace. It is to be hoped that Calcutta
will never be in real danger; but the presence of a powerful
force would prevent those alarms which, spreading everywhere
from the capital, are abundantly mischievous. It would also
enable us speedily to reinforce any point menaced, and would
MOBAL EFFECTS. 121
have been of great service, most probably, on the first occur-
rence of the present invasion of Chittagong.
It is not pretended, in the hasty remarks herein thrown to-
gether, to suggest any plan of operations against the enemy, but
merely to call attention to the belief, strongly impressed on my
mind, that there is real danger to our whole empire in India
from the slightest reverse at any point whatever, if it be not
speedily and efiectually repaired. The intelligence spreads like
wildfire, and immediately excites the hopes and speculations of
the millions whom we hold in subjugation. It therefore be-
comes a most important part of our policy, at all times and
under all dicumstances, to prevent disaster by precaution, or
to check it when it has occurred by exertions suited to the
occasion. The Burmans have now caused the necessity. Let
us put forth our strength to prevent further misfortune, and
crush the evil before it be fraught with more extensive injury
and greater peril.
(Trom a letter written, at a Bomewhat later period, to Lord Amherst, the
folloiriiig passage is extracted, chiefly because it indicates what I have often
heard doubted, that our dealings with so remote a power as that of Bormah
have mnch effect upon the minds of the princes and people of Upper India.
«' roar Lordship," wrote Sir Charles Metcalfe, " will probably have heard
from varions quarters that the Burmese war has excited the strongest sen-
sation throughout Lidia. Everything of an unprosperous character has been
exaggerated and magnified. Delay in decided success has been represented
as entire failure and disastrous defeat. Our real victories and the exploits
of our troops have been unnoticed, while the most wanton and extravagant
reports of our i4[>proaching downfall have gained credit. I have seen a native
p^ier stating that the Commander-in-Chief had been killed in an action with
the Burmans near to Calcutta, and that your Lordship had put an end to
yourself by poison. All this, I conceive, may be attributed as much to the
wishes as to the expectations of a people who are accustomed to devolution
and versatile in their opinions, and who loathe our rule as that of Aliens in
Country, Blood, Color, B^ligion, Habits, and Feelings. The multitude have
of course been worked upon by the malicious practices of the designing.
Decided success, however, will work a wonderful change in their notions of
the stability of our power. On every account I hope and trust that your
Lordship's measures wiU be crowned by the perfect submission of the enemy,
and the conquest of an honorable peace, attended by security on our eastern
frontier."]
Itt
aHUsnoBB*
BHDETPQBB AMD IILWIIK
p895.]
Qamoui. QoBsnow o» LmatrMMOB w m 0«-
ouim ov OTHBE Staom.— It if pwwin-d to te ««w«2
aoknowladgMl. a. a geaenl principle, thM *e <»^ i-* to
intstfewinflieiiitemiaaffiunof otharStrtw; «»dtli«M»"
emdaed by th« repaired OJdeii of Ae Court of Diw»t«.
But we are contmually compeUed to deviate fiom tta« roie,
which is found untenable in practice ; and the deviation is
generally laactfoned, and »ometiine« directed, by fte •»& •»-
F^lartuioe, it eeema that interfewnoe to prevent tih« ewb
of a dimuted ioocewon hat b«m woendy aaAotiMd, in v»
temptation of ihe event of Sindhiah's death, aMioogh o«t ia-
terf^ce in the affldn of his Government !« leas obviowj
necessaiy than in cases where our supremacy is openly avowed
and adknowWged. „ . _ ,.
We have by degiees booome die paramoont State of la*a-
Although we ewxrisedihe powers of this supremacy i» »My
instances before 1817, we have used and saeetted them more
generally dnoe the extension of our influence by the events of
that and the following year.
It ihen became an established prinmple of our poUoy to
THfiio^in tranquillity among all the States of India, and to pw-
vent the anarchy and misrule which were likely to disturb the
general peace.
Sir John Maloohn's proceedings in Malwah were governed
QUESTION OF IHTESFSBENCE. ISS
by ASb pxiaeiple, as well as those of Siv David Odhteilony in
Sajpoolana.
In die caseof snooemon to a prindpality, it seems clearly in-
emnbent on us, vnAt lefeienoe to that principle, to xefuse to
acknowledge any but the lawful sneoessor, as otherwise we
flhoold throw ihB weight of cor power into the scale of nsor*
pation and injnstioe. Our influence is too pervading to adndt
of neutrality, and 8u£ferance would operate as BoppOftL
¥rhether we ought to interfere in the formation of an admi-
nistration for tiie government of a country is a much more die*
putable question; and such are the evils of this land of inter*
ferenoe, tiiat we ought, I conceive^ to avoid it whenever this he
practicable.
Interference of this nature must be disgusting to the head of
the Government, whether Prince or Regent, Either, as at
Hyderabad, ihe Minister, supported by our power, will become
the sole rukr, to the esEolusion of the Prince, or, as at Jyepoxe^
tiie first opp(nrtnnity supposed to be finrorable will be seiaed for
ejecting the Minister.
Our original interference at Hyderabad in the nomination of
a Minister has led to the neceoity of further interferenoe in
the internal affidn of the Miaam's Government; and such is
the natural consequence of the previous step, as we undoubtedly
become lesponrible for the misrule of an administration which
is imposed on a country by our influence.
In order, therefore, to avoid ihe gradual eaetension of our t&i*
teifaence in all die internal concemB of foreign States, it is of
' an dungs most necessary to refirain fiom setting up a Minater
who is to be supported by our power.
If the Prince be' of age, he ought to have ezblusiv^y the
regulation of his Ministry. If the Prince be a minor, the oon-
stitution of each State will point out ihe proper person to
exercise the powers of Regency during the minority, and that
person, for the time, must stand in the place of the Prince.
Such misrule may posribly occur as will compel us to inte^
fere, diher for the interests of the minor Prince, or for the pre-
124 BUUBTFOBB.
serration of general tranquillity, the exiatenoe of wbidi is
endangered by anarchy. In such an extreme caae^ the defx>-
sition of the culpable R^^ncy, and the nomination of another,
according to the customs of the State, with full powers, would
be preferable to the appointment of a Minister, with our sup-
port, under the Regency; for this latter arrangement can hardly
fail to produce either a divided and inefficient Goyemment, or
an odious usurpation.
With respect, therefore, to all States over which our supre-
macy extends, our duty requires that we should support the
legitimate succession of the Prince, while policy seems to dic-
tate that we should, as much as possible, abstain firom any
further interference in their affidrs.
These observations do not apply to States beyond the sphere
of our supremacy, such as those of Lahore and Nepal These
are situated without the external boundaries of our Indian
dominion. We are not imder any obligation to guarantee the
legitimate subcesaon in those States; neither does policy seem
to demand that we should interfere in any way in Xhgic con-
cerns. We would not, it may be presumed, hastily recognise
an usurpation in either of those States; but we should not
be called on to interfere to prevent it, unless the tranquillity
of our own territories were actually menaced.
But with regard to those States which are within the belt of
our supremacy, and consequently under our protection, in-
cluding the States of Rajpootana, Malwah, and the Dekkan,
we cannot be indifierent spectators of long-continued anarchy
therein without ultimately giving up India again to the pillage
and confusion from which we rescued her in 1817-18.
We attempted to act on the principle of non-interference
after the peace of 1806. We had succeeded to Sindhiah as lord
paramount of the Sikh States between the Sutlej and the Jumna;
but we abstained from exereising the authority which we had
acquired. Some of these States had internal dissensions which
they called on us to settle. We replied that it was contrary to
our system to interfere in the affiiirs of other States. The dis-
OBLIGATIOXS TO THE BIGHTFUL PRINCE. 125
appomted parties applied to Runjeet Singh. He was not loth ;
and after feeling his way cautiously, and finding no opposition
fiom us, gradually extended his power and influence over the
whde country between the SuUej and the Jumna. It became
the principal buaness of our negotiation with him in 1808-9 to
remedy this mischief, by throwing his power back beyond the
Sutlej, which was accomplished with considerable difficulty,
great reluctance on his part, and a near approach to war.
Bhustpoeb. — Supposing the principles above stated to be
correct, our duty with regaid to the succession at Bhurtpore
may be easily defined.
We are bound, not by any positive engagements to the
Bhurtpore State, nor by any claim on her part, but by our
duty as supreme guardians of general tranquillity, law, and
light, to maintain the legal succession of Rajah Bulwunt
Singh to the Raj of Bhurtpore; and we cannot acknowledge
any oiher pretender.
This duty seems to me to be so imperative, that 1 do not
attach any peculiar importa^ice to the late investiture of the
young Rajah in the presence of Sir David Ochterlony. We
should have been equally bound without that ceremony;
which, if we had not been under a pre-existing obligation to
pM^intAin the rightful succession, would not have pledged us to
anything beyond acki^owledgment.
The lawful Rajah established, Bhurtpore may be governed,
during his minority, by a Regency such as the usages of that
State would prescribe. How this should be composed can only
be decided by local reference.
DooTJun Saul having unquestionably usurped the Raj, seems
to be necessarily excluded from any share in the Regency or
administration, and his banishment from the State, with a
suitable provlaon, will probably be indispensable for the safety
of the young Rajah; the more so if, as I suppose, Doorjun
Saul, by the custom of that State, is next in succession to
1S6 BHUBTPOttB.
Bi^ah Bnhnmt Singh, and ooimqiienUy ihe aokuJ
nimpdve to the Guddee.
Msdhoo Singh stands at present in a different predjaamcnl
from his brodier. Originally engaged with Doorjim Sanl in
the violence which estohMshad ths power of the latter* he has
now separated himaelf from him* aflfeoting to denonnce hia
osorpation, and to uphold the right of the infant Bajalu If
MacUioo Singh be mneere in theae psofessioni^ be may redeem
his past fitult, and may be useful in re-establishing the Grovem-
ment of Rajah Bulwunt Singh, in which case it might not,
periiaps, be necessary to exclude him from the administBation.
If, indeed, securities could be established fiir die safety of the
young Rajah, it is possible that an admimatration imder
Madhoo Singh might be more efficient than any other that
could be formed for the manag^nent of affidrs during the
minority. There is reason, howerer, at present to misfenist
Bfadhoo Singh, from his past conduct^ and the character given
of him by Sir David Ochterlony.
If Dooijun Saul persist in his usurpation, and retssn poases-
sion of Bhurtpore, it will be necessary to eject him by foroe of
arms.
Madhoo Singh, in that case, will either join his brother in
opposing us, in which event he will be subject to the same ex*
elusion from the Bhurtpore territory, or he will act with us <m
the side of the Rajah, which would give him a chum to consi-
deration.
If Doorjun Saul be disposed to relinquish his usurpation
without making resistance, and to retire from the ^urtpoire
territory, he might wish to stipulate that the same &te should
attend Madhoo Singh. We are neither bound to agree to this
stipulation, nor are we under any obligation to rgect it It
would, perhaps, be premature to determine now what should
be done in such a case, as much might depend on ciroumstanoea
at the time, and the intermediate conduct of the parties.
If we be compelled to have recourse to force for the establish:-
USURPATION OF DOOBIUK SAUL. 1S7
meiii of the Toung Bigah, sad find both the bfothan opposed
to ufl^ it will then be necesBary to exclude both Dooijun Saul
and Madhoo Singh born ihe texritories of Bbnrlpoie» and to
cstoblirti a logeiDej dazing the Rajah's minority, composed as
nay be most confonnable to the onsloms of the State
Dooijnn Sanl, finding us determined to support the right of
the young Bqah, may propose to xelinqnish his usurpation of
tha Bq, and^pulate fi}r oonfirmation in the Begenoy. This
would be a continuation^ in a modified shape, of the usurpation ,
which he eflfected by violence in oontempt of our supremacy.
It would not be possible to obtain any security for the safety of
the young Bigah if Doorjun Saul, who is either the next heir,
or at least a pretender to the Sajt were Begent. Even if these
diffifmltjes were surmounted, for the sake of a quiet termination
of our embarrassments, it is by no means certain that such would
be the eflEect Madhoo Singh seems to have possession of half
of the eountryf and to be extending his power. Of the four
places of note which belong to the Big— Bhurtpexe^ De^, Wer,
and Komer— -he has already seised on De^ and Komer;* and
there is no symptom that Doorjun Saul will have the power to
put him down. To exercise our own power by force of arms,
in order to establish the Begency of Doorjun Saul and subdue
his rival, Madhoo Singh, would make us subservient to the in-
tsrests of a usurper, who has no daim to our support from
cither charaoter or conduct We are not called on to espouse
the cause of either brother, and if we must act by force, it would
seem to be desirable to banish both; but of the two, Madhoo
ffingh seems to be the most respectable in character, and the
greatest fitvorite with his countrymen. It might be as difficult
to take Deeg from Madhoo Singh as Bhurtpore from Doorjun
Saul; and in any poiut of view the employment of our arms
in siqiport of the Begency of Doorjun Saul would not seem to
be a fitting result of his usurpation, and the indignity oflbred
* This was a mistake. He bad seized Deeg and Kama, but not Komer.—
C. T. M.
128 BHURTPOBS AND ULWtTIL
to US by the violenoe which he committed in defiance of our
supremacy.
It seems difficulty howeyer, to determine more at present
than that the succession of Bajah Bulwunt Singh must be
maintained, and such a Regency established jduring his minority
as may be prescribed by the customs of the State, with due
security for the preservation of his safety and his rights. Every
other point appears to be open to discussion ; and it is poanUe
that a nearer view of the scene may suggest sentiments and
plans which do not occur at a distance.
•Ulwur* — There are two questions with the State of Ulwur.
One refers to the revolution by which the illegitimate son of
the late Rao Rajah was ejected from his participation in the
Raj.
The other regards our demand, hitherto neglected, for the
attendance of the persons charged with instigating the aasasn-
nation of Newaub Uhmud Buksh Khan.
This demand having been continually urged by our repre-
sentative, it is a point of honor to insist on compliance; and
if it be necessary, we must proceed to the extremity of war to
enforce it.
If it be complied with without that extremity, the inquiry
into the charge might be conducted at Dihlee by the Resident
or one of his assistants, not in a Judicial Court, but at the Re-
sidency. It will be an embarrassing investigation, and the
greater probability is, that suspicion will continue to attach
without sufficient proof of guilt. In this case the pardes ought
to be released; but Uhmud Buksh Khan will not be satisfied
without the punishment of those on whom his suspicions are
fixed. He is a man of strong passions, and will not understand
how men can be released, in consequence of want of evidence,
whom he believes to be guilty.
Supposing our differences with the State of Ulwur, on ac-
count of this demand, to be amicably adjusted by its compli-
ance therewith, it does not seem to be positively incumbent on
JTSPORB AFFAIRS. 129
US to interfere for the restoration of the illegitimate son of the
late Bajah to his participation in the Baj.
His ejection might undoabtedly be conridered as offensive to
our sapremacy, after the application by which our sanction was
obtained to the arrangement which established his participation;
but as we never approved that arrangement, and expressed our
doubts of its success, reserving a right to support any other that
might seem better calculated to promote the interests of the
State, we are at liberty, if we choose, to recognise the sole
sovereignty of Bao Rajah Benee Singh, and to sanction a suit*
able provi&on from the State for the illegitimate son of the late
Rao Rajah.
If, however, the perverse conduct of the Court of Ulwur
should compel us to have recourse to arms, in order to enforce
our demand for the surrender of the persons charged as insti-
gators of the attempt to assassinate Uhmud Buksh Khan, we
shall then be fully at liberty to resume the territories granted
to the late Rao Rajah, and either to reannex them to our own
dominions, or to form them |^into a distinct principality for his
son, either of which measures would be a just punishment to
the present Rao Rajah for the contempt with which the Court
of Ulwur has lately treated our supremacy. This contempt has
been shown by the subversion of the arrangement for the go-
vernment which had been established with our sanction, by the
evasion of -our demand for the surrender of the persons charged
with instigating the assassination of Uhmud Buksh Khan, and
more than all by the subsequent nomination of those persons to
the most important offices of the State.
Jtsfobb. — ^At this Court, a Mokhtear, or Prime Minister,
appointed by our influence, has been ejected by the Regent
Ranee; but his ejection was countenanced by our representa-
tive, and the arrangements consequent thereon have since been
sanctioned by the Governor-General in Council. This matter,
therefore, is for the present' settled.
It seems probable that the misrule of the Ministry set up by
K
130 XIUPOBB*
Ihe Sumflinoe liie opnlaon of the Mokkteflr, ^rili •mtudlj
compel UB to farther intaferenoe'; but? thb, it » lioped,. m^ aot
be mnaaSbJ^ymaamarp, and it is ¥017 denmble lint itriunld
bearadndifpoBrible.
Otic neszt^ iaimifitromiff, if randeivd mavoidaUe, most {»-
bftblj be far ibe semovai of llie Senee fioin anthonty;, and Oe
labftitiiitiDn' of floaother xegnoj.
At pNHBt the* RflBOt flhowB a stooiq^ imdinoftioir to veed
Jhota Ram^ wlio> wae expded by our influenoe. Sfaemld be '
pnfligeinliiiB'deRgn, andoontuiue toinist onrdbmandfiarbis
lemovid, we ahall be bound to enfiaoe it by war; inrwUdi
event we shall be entitled to insist on the establidmnat o£ a
better legencfT.
If die intdligence leeeived by Colonel Raper of tinnipposed
death of the young Bigahy and of the intentbn of the RiBiBe to
impoee a*8pn]ion8 boy iithis plans- be aonilmned^.a usw^ofliluai
will anse; lit may be now briefly stated,, that we can: cadj ac-
knowledge the legitimats soocener, whoever he mqr be.
If llie Bqah be! stilLalive, a question must aoou aoae oir tiie
sabjeot of Ub publio appeannoe and falure guvrdiainidp. It
aeems that after At lUgah reaohes a oertain age^ Ae goaidian-
ahip and rule of the Banee properly terminates^ and tfaalt the
young Bajah ou^t to be brought forward, in public Dtnbar
and deliyexed over to Ae guardiandiip^ of one of ^ the diieft of
the State, who then becomea Regent. IflhiB be Ae Iffwof Ae
land, it would seem to be oar du^to support it is <
with the chiefe of the* State.
On the whole, it appean that these may be;eventiud
of war with each of the three States mentioned. With Bhurt-
pore, if the sucoeasion of the Rajah Bulwuut Singh be opposed;
with Ulwur, ifi our demand for the sunender of the personB
accused of instigating the assassination of Newanb Uhmud
Buksh Khan be continued;' widi. Jyepore, if Jhota Bom be
recalled and retained by the Ranee, in defiance of our remon*
Strances and demands.
G^NEBAL FOLICT TOWMRD8 BHUBTPOBE, &C. 131
Desirable as it undoubtedly is that our dififerences with all
these States should be settled without having recourse to arms,
there will not be wanting sources of consolation if we be com-
pelled to that extremity.
In each of these States our supremacy has been violated or
slighted^ under a persuasion that we were prevented by entan-
glements elsewhere from efficiently resenting the indignity.
A jdisplay and vigorous exercise of our power, if rendered
' necessary, would be likely to bring back men's minds in that
quarter to a proper toote; aad tibe oqvlnte of Bhurtpore, if
efiected in a glorious manner, would do us more honor through-
out India, by the removal of the hitherto unfaded impressions
caused b j our former failure^ than any othei: event that can be
conceived.
It doca Bot wteuk to be neoeBuy to awnBrblff o«r force in a
field array until it be proper to make use of it in consequence
of tfte figure of our negotiations; for although the proximity
of an anny m ibe field woidd give great wdght to our de-
mands!, it m^ht also ezeite uBKnuided alaraui, and cause hostile
preparatioii^ wlodi woidd most probabfy tenninate is war,
from restiesBiiess on botii ndev and impatienee on our part.
We msy try the effiset of negotiation first; and if this sfaonld
fail^ we may conscth our own comrenience with reference to
season, as te nie tme at wmcn we are to enforce our demands,
the faoHty of bringing together oar means, and any other im-
portant eoBsidemtkiBA. But if no suflieiest cause of delay in-
tervene, it is undoubtedly denrable that the failure of our
negotiationa AouM be speedily followed by Ae enforcement d
oor demands*
[This paper was drawn iip„ at the request of Lard Amherst^ in the antomn
of 1825, when Sir C. Metcalfe was at the Presidency, on his way to Delhi, to
take charge of onr somewhat embarrassed rehitions with the petty neigh-
bouring Shites. The poficy whieh be reoomsaended was adopted by the
SvpreamQafweamaA; Mid the caplan ef Bhartpora ad the nkaifmm ef
Dlwar woe tha reanUa^]
k2
132 MAHBATTA POLITICS.
MAHBATTA POLITICS.
[The following letter was addressed privately to the Political SecreUiy,
with reference to some passages in a letter from Mr. WeUesley, who was
then Resident at Scindiah's Court, suggesting the measures whidi he consi-
dered it would be expedient to pursue on the anticipated death of that
Prince. The event, however, did not take place before the foilowiog Mardi.]
Camp, Nov. 21, 1826.
My dear Stirling, — ^I have this instant received your
letter of the 15th, with its enclosure from Wellesley, or rather
an extract from a letter from him. It does not appear to me
that the preparations and precautionary arrangements which he
suggests are either necessary or desirable, until we see that we
shall have to act. His recommendation seems to presuppose
that the result of dissensions in Sindhiah's Court, afler his death,
would be a union of his whole army for the purpose of attacking
us — a contingency which seems very improbable, as an e&ct
from such a cause. We might make work for ourselves by
stirring prematurely; and it strikes me that it would be better
quietly to watch the course of events, and act as circumstances
may require. Unless afiairs take a turn which may compel us
to interfere, for the defence of our own interests or the preser-
vation of tranquillity where we are bound to preserve it, I do
not see that we have any concern in what may take place
at Sindhiah's Court. It is impossible to say that we may not
eventually be dragged in by any commotion in any State in
India, but we are as likely, I think, to cause it — ^t. e. our being
ADYAKTAGBS OF QI7IB80BKOK. 133
involved — as prevent it, by assuming an attitude of ostensible
preparation. Should action eventually become neoessarji the
Nagpoor force is available, and might join the Saugur force
in eastern Malwah. The Jalna force is perfectly disposable, and
might join the force at Mhow. The Nusserabad and Neemuch
forces might combine and form a respectable army in Bajpoo-
tana. These three armies might act, either separately or in
union, for the execution of any measures which might become
requisite in Malwah and Rajpootana. The troops in our own
country might be directed from the Etawa or Agra firontier as
might be expedient. Should such a state of things arise, and
force us, who want only peace, to such extensive warlike opera-
tions, we should, I hope, secure a recompense. If a state of
preparation for eventual early movements on so great a scale
would, as doubtiess it would, entail heavy expense, it will be
best, I conceive, to avoid such preparations until we see that
such movements cannot be avoided. We are beset by a strange
fatality in India, if we cannot at any time remain undisturbed
by the troubles of otiiers. But it may be so, and the expected
occasion may prove it.
Wellesley's plan of taking Sindhiah's districts in Malwah
under our special protection, would infallibly involve us here-
after in interference at the Courts which may be established in
succession to Sindhiah, in support of those who may have
obeyed our injunctions. Our superintendence of those districts
might, I tiiink, be confined to strong recommendations to pre-
serve peace, and suitable intimations that we would act against
those who might disturb the tranquillity of those districts which
we are bound to protect. Should such disturbance actually
take place, we can tiien act as may be expedient. On the
whole, it seems to me that our best policy, at present, is to look
on quietly, and to appear to look on quietly. But on the occur-
rence of Sindhiah's deatii, should there be then reason to appre-
hend disturbances in Malwah, the Mhow force might be unob-
trusively reinforced from the Bombay side in the first instance,
ss proposed by Wellesley, and if circumstances become more
U4 MkMBXTTA
liom of bedi taamm^ j<'"''j o' tianirl/f vaaU, I ftnati gbe
oi an ofWirfififainDg fiiiQe ai diai qnzAcE. Icb:
ooaflBJiie that pMMfaMp puBptafatioaii dwirfthh
IflMTcliedfhanJyqponlUiMflOiaig. Ase
kts been |Mitially ^nneJ, in widtii wt baiw lad ao ooncen,
Jittringftde,Ife«,in iM^iili fioa ihe It Ok
■on (X JnoU lUm flBQ ni8 kraner JBiMinB CdM^
knt I donbt ki jvalky. InMeiiUb«iKyQioent oariiotksfii^
%* In the preceJGng papers Sir Omrles Metcalfe^s (^cial
career is traced and SiuArated, up to the lime of his appointm^it
to the Supreme Council of India. A few BlisceOaneous papers
and extracts, from public and private letters, are, lowever^ sub-
joined, in further illustration of this, the first stage of his public
Cfe* One passage only among the private extracts (on the
Afiairs of Rajpootana) vras vnitten at a later period.
i^tsc^Iotttoiiis^
THE COINAGE OF INDIA.
'The necessity of marking some alterafion in our coinage, which
is impoeefl on the f3'oyenunentl)7 the Tooent discovery df the
firauds occasioned \>j llhe continuance df the olfl stamp on the
new coin^ seems to present a fit opportunity for reconsidenng a
question which has l)eenl)erore agitated : Whether 'it is advisable
to continue to coin in -the name of the late SSng of Dihleei
Shall AQum, or to substitute an inscription or stamp more ap-
propriate to our own sovereignty?
The present coinage appears to be objectionsfble on the fol-
lowing groundff:
First. We disavow our own sovereignty, and coin in the name
of a power wliich does not in reality e^st.
Secondly. We coin in fhe name of a King of SQilee dead
and gone; thus neither asserting our own actual sovereignty,
nor even paying the compliment to the nominal king, whom
by other acts df our government we profess to acknowledge.
Ab lar as ihe ^ving pageant is concerned, we set adde liia
auihonty as much by ueing the name of his predecessor as if
we pot any otiier inscription on our coin ; and it may be stated,
on ihe authority of Sir David Ocbteflony^ l!hat the ^ng con-
siSers (he present Furruckabad coinage as derogatory to his dig-
mty; — ^more sc^ perhaps, {ban if the inscription were in a lan-
guage which lie would not understand, or less personally ezclu-
Bive to him, by excluding also ihe name of Ins predecessor.
Thirdly. The present inscription on our coin imports thtft it
is struck ^t the mint of Moorsliedabad;— ranother fiction, the
136 THE OOINA0B Or IHBIA.
meaning of which is, not only that we aie incapable of ocnning
in our own name, bat that we aie also unworthy of having a
mint in our capital, and that the principal coin of the Brituh
Empire in India must issue from the provincial mint of the
Newaub of Bengal, the nominal Vioeroy of a nominal King.
Thus professing to acknowledge a living King without poweri
we coin in the name of a dead one, who, when alive, was equally
powerless, and pretend to issue bur coin fix>m a provincial mint
which does not enst.
And all these fictions we employ, apparently for no other
purpose than to keep alive the recollection of a power which
lias passed away, and prevent the acknowledgment of our own
supremacy.
If these objections are correctiy stated, and worthy of con-
sideration, it would at the first view appear that the stamp of
the coin ought to be changed; but to such a measure there may
be objections, and it is proper to consider what they can be.
The objections that might be urged against a change in the
stamp of tiie coinage are perhaps either of a political or of a
financial nature.
Politically, it may be said that we ought to continue to coin in
the name of the dead King, from a regard for tiie feelings of
our subjects.
Financially, that either the new or the old coin might be de>
preciated in consequence of any change in tiie inscription.
With respect to the first, or the supposed political objection,
it can hardly be imagined that nine-tenths, or at least a great
majority, of our subjects — ^the Hindoo population — can caxe
about the continuance of the fictitious royalty of tiie Maho-
medan dynasty; and admitting that the pride of our Mussul-
man subjects is nourished by it, neither does it seem to be
necessary that we should succumb to their pride, nor does it
appear politic to study to keep it alive.
Too much, perhaps, is admitted in allowing that tiie bulk of
even our Mahomedan subjects care much about the stamp of
our coin; and if it be true, as stated, that the Newaub of
VALUE OF THE CUBBENGY. 137
Lucknow coins with his own stamp^ it is a suflScient proof that
we are upholding a nominal royalty which Mahomedan powers
are ready to throw off. Tippoo*s conduct long ago furnishes
another ground for the same conclusion.
But, speaking generally, either the natives do attach conse-
quence or they do not to the inscription of Shah AUum on our
coinage. If they do, it is surely of importance that they should
know without disguise who are their masters. If they do not
attach consequence to that inscription, why should there be a
difficulty about changing it ?
With reference to the supposed financial objection, it seems
to be very improbable that the new coin would be depreciated
in consequence of a change in the inscription. Let the coin be
good, and of the Same intrinsic value. Let it be received at all
the public treasuries at the same rate with the old sicca rupee,
and it will immediately occupy the same place in circulation.
Neither does it seem probable that the old coinage would
lose its value if it were to continue, as it of course would, to be
received at the public treasuries at the same rate.
The present coinage bears the date of the year nineteen of
the reign of Shah Allum.
It is probable that the original motive for maintaining a fidse
date on the coin, and the name of a King defunct, in opposi-
tion to the practice of the country, according to which the
name of the living King and the date of the passing year should
appear, was a desire that our old and new coinage should be
uniform, so as to mix together in circulation without any de-
preciation of one or the other.
If this was the motive, the rule was good, so far as it went, as
long only as it was strictly observed. It is obvious that the
slightest alteration destroyed the uniformity and defeated the
purpose for which it had been maintained.
An alteration actually took place at the last coinage, when
the size of the rupee was enk^ged. It does not appear that,
in consequence of this change, any depreciation of the old or
new coinage has taken place; and it is remarkable that the
IS8 TBB oontASc cp noxiA.
mfymimiiwf mkiekhMoammdhm yaBoiod finmoi
warn an Mteiniag yrediely die old dfeHBf^ wind!, not filing op
die imWgwd qpaoe of illw new mpee, lus left sn nnooonped
border, ivhich can be cnt ecmnf «o j« rte red&oe ike uitdoMic
^dbe'of dieoiew eoin, and at Iks ea»e time gpvest the exact
appeesiiioe d£ tike 'cdd cuimbcjl
Hie oiigiiial pnspaee lof waUaraitf is, therefiMe, ^hQ% lort,
or only As Ibe ymeatwed attbe rkk «f the dqacttatam of the
vkdie of the <qUL eoaenqr by the aid of the aafpam who are
busy in destroying the value of the new mpae.
It eiionld be aemembend thai the flIighiBat depactoR ixom
iiaifiiiiailji ia ita oonapkite deatrvdaGa, and that aa fiur aa the
vaifbonxty oflhe cdd aoidjieiwfiucieBey bad auqr advantage £»-
aKrly, tiiat Jidvantegeiuui abeadykeen done jvway aa eSactnaUy
aaifdie form and inaBrq>tioii had been emtbeiy •changed.
it muif be aaid tkat the pmaeat eainage anaweiB.aIl the pur-
paaos'of mnsency^ aad that the people know on lo poaatac the
leal ponrer^ thevefeore that any dmage ia uaalesa. The aame ob-
servation might «pply to all "die finoBaaad tokens of sovereign^
m att oountrieay and by a parity of xeaaoning it would be unob-
jectionable to issue the coin of the British .iealm:&om Ike Hint
of London ia the name nf the Empeaor *of finsna or Miqpoleon
BoBiqparte, beoanae the Xiord Mayor and Aldermen know that
Qnorgethe ThiivdSa kii^.
It as lemarkdbk that 'ooins cf vaxiaus .kinds are ianed at
MaAraa — it may be so .tikewise at Bombay — ¥rith wnioiis
stamps, exobding the onaoriptaon «f the IGng of Dihiee. Why
should not that take place at Cakmtta which ia unatgectian-
able at Madiaa?
It ii still move xemarkabb that the Court of DiBeatoa have
sent oatio Madras a eopper coinage stamped with the Acms of
the Company. It wonld be aa offence to the dignity of the
Honorable Company to argue that their arms mi^ be good
enough iar copper, but will not do for olver :and gold.
Tlie advantages which m^^ be looked for fixoa a chaste of
Ae inacriplSon on ikid coin axe theaa::
1. The aaoertion of our own sovereignty over British India,
and the gradual extension over the minds of our subjects of
ihoee feelings which attach to ihe conviction of declared and
acknowledged supremacy, combined with solid power.
2. The extinction of the nominal sovereignty of the Ma-
homedan dynasty for ever over our provinces, and the progres-
nve abolition throughout India of the idea of. its existence,
which our example now mainly upholds.
It is probable that, in imitation of us, the Princes of India
would soon coin, either in the name of their real sovereign, the
liiMiii OuwwunBufc, 4ir nese 'pvc'bably in ^Aicar own, which
would km iMSinly molqedfiQailfcle wrAdn &err respetllve do-
minions.
9. The iBcreaaed Sfficiihy of £EtIse cwung.
Tlie natives can eanly imitate the present inscription on our
ccnn, wlucli is in fhe Persian character ; but such would not be
the case if the stamp were similar to that on English coins.
Tor instance, if a change were to take place, there mi^ht be
on one side of the coin the King's head or the Royal arms, with
fte ususl inscription, Geoif^usRex^ &c., Ac.; on the othei^ the
Company's arms, encircled by their motto, ^* Auspido 'ReffB et
Semrtos AngTiffu** The intrinsic value of ihe coin nqght also
be maxked in Pernan and Hindostanee or ^engsllee characters.
Such a coin it would he mucSi more difficult to counterfeit
Attn the present, and tiie^counterfcat would l>e mncli more easily
Aelteeted.*
* nbwMiwritlmwJaBJMaMr JBdMag ttrt #b fawr wmpletdy
was Political Secretanp Lord Hast- embodiea Us (owa mmmoABim tht
iDgB endoiBBd the oiif^bul dntft 'wiCh 9i(bjoct.
iif apiiwhstiWj
140 PROPOBBD BUI^BS FOB JUHIOE CITIL SEBTAHTS.
PROPOSED RULES FOR JUNIOR CIYIL SERYAKTS AFTER THE
ABOLITION OF THE OOLLEQE OF FORT WILLIAM.
Gentlemen appointed to the civil senrioe of Bengal, as soon
after theii arrival in Calcutta as may be proper, with reference
to the season of the year, shall be sent to stations in the pro-
vinces.
They shall there be placed under the control of civil Aino-
tionariee.
They shall not be appointed to any office until they become
qualified to enter on its duties.
Until declared qualified, they shall be examined, and the
state of their proficiency be reported, every two months, by the
civil functionaries of their respective stations.
During the period of probation, they may have such employ-
ment given to them by the functionaries under whose control
they may be placed as may aid in qualifying them for the
public service, subject to such restrictions as may be hereafter
directed in regard to the nature and mode of employment.
The examinations to which they shall be subjected shall be
conducted with a view to ascertain their qualification for public
service, by a competent knowledge of ^e written and collo-
quial languages chiefly used in public business in the pro-
vinces in which they are to be stationed. A knowledge of the
grammar of those languages will be requisite. Beyond which,
a facility of conversing with the natives of the country, and of
PEKALTT OF INEFFICIENCY. 141
reading, comprehending, and tranBlating business papers, will
be considered the proper test
Every student is expected to become qualified for the public
service within twelve mondis; and those who may not be qua-
lified at ihe expiration of fifteen months will be removed from
the service, according to the orders of the Court of Directors.
After qualification, each civil servant will be appointed per-
manently to an office in or beyond the provinces.
No one shall be appointed to an office in Calcutta until after
three years* service away firom ihe Presidency.
The salary of a civil servant, during the period of probation,
shall be 300 rupees per month. After qualification, he shall re-
ceive the salary of the office to which he may be appointed,
subject to the general rules of the service on that point.
Notwithstanding appointment to office, in consequence of
reported qualification, every civil servant holding the rank of a
writer shall be liable to removal from office if he be at any
time ascertained to be disqualified by a want of competent
knowledge of the requisite native languages. It shall be the
duty of his official superior to report such disqualification to the
Oovemor-General in Council, who will direct such further exa-
mination, and report as he may judge proper; and on proof of
disqualification such person shall be reduced to the situation
and subsistence-allowance of a servant out of employ, until he
can recover the requisite qualifications.
The students at present attached to the College of Fort
William who may not be declared qualified for the public ser-
vice before the abolition of that institution, shall be subject to
these rules, with the exception of that which relates to the
period of removal from the service, on which point they will
come under the separate order already issued, and of that
regarding examination, with respect to which they shall have
the option of being examined in the manner latterly customary
in the College.
With regard to students who may arrive from England after
the abolition of the College, the only admissible exemption
142 PROPOSED BXTLB8 FOS JITBIOX Cmi^ tEBYANTS.
from snjpart of these Jidoi iriU Win tlftcaMft of ihoaeiife
may have a father or other yery tmm adk wtMtii^nmimg in
Calcttttas thttb will imdeztaketo praM0l»hM af<i|ii*ftwwfc of the
HCPCDMiTy yialifaataonfl, hi B«di cmh the wtwiilpnitp Msjr pm
the time of probation widt tkesx sdadveft sl fiiik»tt«, HLi^Ki
to nmoval at the plleaiiixe of the Gfjfteramea^; hoi wface q«ft-
lified and appointed to oflbaev muty^likeall oAen^pn^eeeiinto
the provinces.
Any BtndeiDt on hia wtnval fiooin Bn|^awJ may dain a& ex-
amination, and if fimind qvalfied, will beanpoiniedianedietdky
to an oflBfie in the provinces.
Students arriving' fronu England at a season wheat, k me j he
deemed nnadvisahle to order their znstset wmtmL to Ae pso^
vinces, shall be placed nnder the conftiol of civil SmueAmamam
at the- Presidency , on the same fbetiog aa if ■*^*^^>«»*^ m ike
provisoes, until the season of removaL
Cases of certified inability &om. ackness will be taken iute
conHMoTKrion^ in extension of the peescribed period of probatieo.
The time occupied in travelliDg by dawk to skationo m
the provinces will be allowed in addi^n to Ae pKseriibel
period. Any other n»de of travelling by kad or by watB
may bo made conducive to study, and need not obateest it.
The time, therefore, thus occupied will noi neoessariiy be al-
lowed, and unll onlj be taken into eonaLdentioni, WKtmimg to
circumstances, in cases which may appear tih moiit tiset indid-
genee.
KSCSLLAIOBOITS EXVRikCrXff 9K0M FC7BX.IC PAPBS8. 143
MI9CELLAI7EOTJS BXTHACTS FBOM FDBLIC PAPBE9.
iHaBcn&iTX OF ouiL Position us India.^— << The plans
confitantly in the contemplation of the Goyemment at home for
the reduction o£ our military expenses, in India, seem to be
founded on. the eiconeous supposition, that our Indian Empine
is in a state of perfect security, that we have no. dangers to
^piehend from external enemies or internal disaffection, and
that we may reduce our. military force without fear of the con.-
sequent overthrow of our power*
^^ For those who take the preceding view of the state of India,
it will W something new and unpleasant to leanvnot only that
our military force cannot be reduced without the danger^ nay,
the certainty, o£ the loss of our dominion^ but^ moreover, that
we muat. considerably increase our military establishments^ or
expect the consequences which those rulers suffer who n^lect
to provide for the safety of the empires entrusted to them.
^^ Until the. Government at home be convinced that our
ntnalion ia India is beset witk dangers,, and that we have still
to make fivther great exertions, to secure our safety, there ccm
be little hope that we. shall long retain the dominions that
we h*ve acquired.
'* Oar dtuation in India has always beeu precarious. It is
^11 pKcaiioas, not less so perhapa at the present moment, by
the fauk of the system prescribed by the Government at home,
than at any fiormer period. We are still a handful of E!a-
ropeana governing an iaunense empire without any firm hold
in the eooatiy , haviag warlike and powecfiil enemies on all our
144 MI80ELLA1ISOU8 EXTBACT8 FBOM PUBLIC PAPEB8.
firontien, and the spirit of disaffection donnant, but looted
nniveisally among our subjects.
" That insuperable separation which exists between us and our
subjects renders it necessary to keep them in subjection by the
presence of a military force, and impossible to repose confidence
in their affection or fidelity for assistance in the defence of our
territories."— [Dsem&er, 1814.]
Thb Natiye Abht. — " It may be observed that the tried
services and devotion of our Native Army furnish a proof to
the contrary of the preceding assertion. Our Native Army is
certainly a phenomenon, the more so as there is no heartfelt
attachment to our Government on the part of our native troops.
They are, in general, excellent soldiers, attached to regular pay,
and possessing a good notion of the duty of fidelity to the
power which gives them bread. There is no reason to appre*
hend their general defection as long as we continue tolerably
successful. But if the tide of fortune ever turn decidedly
against us, and any power rise up able to give good pay regu-
larly, and aware of the use to which such an instrument may
be applied, there will then be a general proof afforded of that
want of real attachment in our Native Army of which at
present numbers of persons are not convinced." — [^December ,
1814.] y
Colonisation. — " It is impracticable, perhaps, to suggest
a remedy for the general disaffection of our Indian subjects.
Colonisation seems to be the only system which could give us
a chance of having any part of the population attached to our
Government from a sense of common interests. Colonisation
may have its attendant evils, but with reference to the con-
oideration above stated, it would promise to give us a hold in
the country which we do not at present possess. We might
now be swept away in a single whirlwind. We arc without
root. The best affected natives could think of a change of
government with indifference, and in the North-Westem Pro-
BESULTS OF THE FIBST HAHBATTA WAS. 145
vinces there is hardly a man who would not hope for benefit
from a change.
" This disaffection, however, will moet probably not break out
in any general manner as long as we contmue to poaseas a pre-
dominant power, and it has only been alluded to as one source of
weakness^ and a necessary object of attention in the considera-
tion of our situation." — [December^ 1814.]
Results of the Fibst BIahbatta Wab. — ** It was not
the natural consequence of the Mahratta war that our power
should be in a precarious state. The war was replete with
advantages, and a perseverance in the same policy which guided
us through that war would have saved us from our present
difficulties. Some reverses checked the progrcsBof our arrange-
ments, and finally the abandonment of the policy on which the
operations of the war were conducted rendered its snoceas in-
complete, and left to be accomplished at a future period what
ought then to have been accomplished, and imtsi be accom-
plished before we can ccmtider our power to be in a state of
security. It was the abandonment of the policy which would
have settled all India; it was tiie retrograde movement made
at the end of the Mahratta war; it was tiie system pursued
since that period, according to orders fiom home, that brought
about the eyistang dangers. Witiiout discnasing these questions
minutely,* it ia evident that aince tiie Mahratta war powers
haye risen up, and gained atiength, which did not exist before
in any formidable state, and tiiat our territories are in contact^
and our interests dash with thoeeof several of these powers that
must be r^arded as enemies. The increase of our force has-
not been proportionate to the increaae of territory to be de«
fended, and embamssments to be encountered.'' — [DeCf 1814.}
Extehsioh of Tebbtiobt. — << According to the system
prescribed for our conduct in India, we are bound to be horror-
* Hie reader will ibd tliem diseiiased in the that paper of the seikf ,
" Poiii^ of Sir Gecnse Badow."
li
146 MISCELLANEOUS EXTRACTS FBOM PUBLIC PAPEB8.
atnick at ihe bare idea of an increase of terrifeoiy . Yet, imks
we can raise additional resouroes in our present dominiotna, it is
only hj an extennon of territory that we can obtain an increase
of revenue for the support of our necessary expeuses.
^* It may be objected to an increase of taritofy, that it is
often att^ded with an extension of embanassmentSy leading to
an increase of expense beyond ihe amount of the additional
revenue. It is sometimes so, and sometimes otherwise, accord-
ing to circumstances. If by the extennon of territory a State
extend its frontiers, and come in contact with warlike powea
with whom it never clashed before, then an increase of territoiy
may become a source of such expense as will absorb more dian
the additional revenue derived from the addition of territoiy.
" But if the extennon of territoiy improve the frontiw — ^that
is, render it more defensible — if it make dominions less divided
and more compact — if it unite distant parts of territories and
relations, and establish communications betwera pomts before
unconnected — ^if it make the whole of the forces and resomrces
of a State more available and more easily to be brou^t together
to any given point, then an increase of territoiy, so far from
being attended necessarily with an increase of expense, might
enable a State to reduce its former expenses, and would, at all
events, give an accession of strength, and affiird payment for an
addition of militaiy force, without bringing on any concomitant
source of weakness.
" The preceding observations apply retrospectively and pro-
spectively to our rituation in India. We have made acquisitions
of territory, such as those described under ihe first suppodtion,
as the present extent of our frontier, combined with tiie multi-
plicity and perplexity of our foreign reUtions, will show.*'—
[December, 1814.]
Impolicy op a Wab with Sind.— "Few things can be
conceived more impolitic than a war with Sind. Not to
apeak of the expenses of such an undertaking, its unprofitable-
ness if successful, and the chances of fisdlure inseparable from all
IMPOLICT OF A WAR WITH SGINDB. 147
human enterpxifle^ it isneoessaiy to olra^rvei that even the moat
prosperous result of a war with Sind would tend to involye
us in disputesi jealousies, enmitieSy intrigues, and negotiations
in tlie coiuitnes beyond the Indus, and might lead to incalcu-
lable embarrassments. A war, therefore, the very suocess of
which would be injurious, it behoves us most studiously to
avoid.
" We may be destined, and may be eventually forced, to
burst beyotid the Indus, and establish ourselves in countries with
which at present we have no connexion ; but it is incumbent on
us to tiy to avmd such an issue by all means consistent with our
honor. Our policy clearly is to confine ourselves to the con*
aolidation of our power within its present sphere, and to avoid
being entangled in the politics of new r^ions."— [J^rom a
Paper teritten m 1819 or 1820.]
DiFFIOULTT OF DEALING WITH THB SiNDHIANS. — ** Li
negotiation or contest with such a power as Sind, we are sure
to be misunderstood. They think now that we have designs
upon their country. They will be confirmed in that belief if
we go to war widi them. If we retire from that war without
exacting an indemnity for our expenses, the motives of our for-
bearance will be misunderstood and misrepresented. The results
of our enterprise will be considered and described as a fidlur^
and attributed to a fear of those powers whom the Sind Gb-
vemment may have excited, or will a&ct to have excited,
against us. It is necessary, therefore, that if provoked to war,
we should make them feel our power, for we should never gain
credit for our moderation; and it would be desirable, in this
point of view, to keep all or a part of their coimtry, were it not
that it would be extremely impolitic to extend our territorial
possesnonsin that quarter.
**If Sind were an external state of India, such as Sindhiah's,
for instance, our course would be clear. We might make our
demand, and if it were not agreed to, we might send an army
and prosecute hostilities until our terms were submitted to; if
Js2
148 MISCELLAMSOTTS EXTBACT8 FROM PUBLIC PAPERS.
necenary, we might keep a whole or part of tbe ooimtry, and
the acquiddon would not inyolye us in any new difficulties.
But as the extension of our power in Sind would decidedly
bring upon us a multitude of new embarrassments, it is our
duty stoulfastly to avoid every connexion with that country —
above all things a war, which is likely to lead to the worst Idnd
of entanglement" — [/iWi.]
A War with Sikd obnoxious to the Home Gk>-
YBRNiCENT.— *' There is another point of view in which this
question should be considered. The Gh>vemment of India has
to report its proceedings to a superior power. It must not only
act rightly, but it must act so that its measures shall seem right
to higher authority. We may be sure that a war with Sind
would be greatly deprecated by the Government in England,
which would not be pleased to see precipitation in preparations
having a tendency towards so imdesirable an event If an
eventual war with Sind be inevitable, it is, nevertheless, a duty
which our Government owes to itself to show that every effort
has been made to avoid it, which will not be conceived if we
begin with preparations for an invasion of Sind." — [Ibid,']
Evils op Extension towabbs the Indus. — " Our policy
is against a war with Sind^ or any extension of our engage-
ments in that direction .... Before the events of 1817-18,
we had two sets of boundaries in India, which might be termed
our exterior and interior boundaries. Our dominion was in
shape similar to a horse-shoe. The space within the horse-shoe
has been filled up by our power. The advantage already visible
is immense. We have got rid of the dangers on what were our
interior frontiers. These frontiers no longer exist The prodi-
gious increase which those events have given to our strength on
our interior boundaries will be manifest hereafter. But we re-
quire time to consolidate our power in the space which we have
occupied in consequence of those events. Nature and fate per-
haps decree that we cannot remain stationary. But before we
advance let us wait for the fulness of time." — [/Mtf.]
MISCELLANEOUS EXTRACTS FBOM PBIVATE LETTEBS. 149
[These last extracts are made firom the draft of a paper^ drawn up in 1819
or 1820, for Lord Hastings^ when Metcalfe was Political Secretary. A
party of Sdndians^ on their way through dutch to Bombay^ had been at-
tacked by a body of onr people in pursnit of plunderers ; in reyenge for
which the Scindians devastated a village in Catch. This affair well-nigh
occasioned a war between the English and the Scindian powers ; bat the
amicable conndlsj fostered by Metcalfe, which prevailed at Calcutta, averted
hostilities for a time. He lived, however, to see and deplore the ruptore
which sobsequently converted Scinde into a British principality.]
MISCELLANEOUS EXTRACTS FROM PBIVATE LETTERS.
Regular and Ibbeoulab Tboops. — ^^I think irregular
troops most useM — most neoessary at times; better tHan re-
gulars, and always less expensive. I think that we have too
few of them, and ought to have more. I am sure that we shall
have more whenever we have anything to do, and that we shall
then repent of having disbanded those we had. I think it very
wrong to raise corps one year and to turn them adrift in the
next. From what I have said, you will guess that I had no
conoem in our late reductions here. Indeed, I raised my feeble
voice to procure further consideration to the question, but it was
not heard; and I was provoked to see that those who pressed
these reductions the most, did not do so because they thought
we could spare troops, but because they thought a reduction of
the irregulars would lead to an increase of the regulars. I am
for every increase of the Army that our finances will bear, and
all my notions of Indian politics begin and end in a powerful
and efficient Army. But Irregulars must, I imagine, be a con-^
150 MI8CELLAKEOU8 XXXaACTS FKOM P&IYATB UEITBBS.
finned part of our system; and I do not like ^dismiaeing any
class of soldiers that have done their duty to our satisfaction." —
lOctOer 14, 1819.]
^* Lord Corkwallis's School.""—*' I am perhaps an-
gular in thinking that reductions might be made with success
in all branches of our dvil administration. The axe should be
laid to our judicial system. Our revenues might be improved.
Our civil expenses reduced. But nothing of this kind will be
done as long as the caste of Bengal councillor shall remain un-
changed— so cautious, so devoted to precedent, so fearful of
alteration. At all events, Lord Comwallis's School must first
wear out, who think that all perfection is in the regulations of
1793."— [Octoier 14, 1819.]
MiLiTABT Men in Civil Employ. — "If you do not re-
main, and I succeed you (in Central India) aa at present thought
of, I should wish all your hands to remain on every account.
I have no thought of introducing young civilians. Young or
old, they would not be fit fi>r the work. I would always wish
to deal with military men. I was bom in the Bengal Army.
Most of my friends are in it^ and I have, from circumstances,
associated more with military than witii civil officers since I
came to India, so that I should enter on a fidd bringing me in
contact witii tiie Army with much confidence of harmony and
good fellowahip, though I am ' a d— d civilian,' as poor old
Lord Lake used to call us."— [To J^ John Makobn, June 4,
1820.]
ReFOBK of cub StBTSM of GrOYEBNHENT. — " As tO a
general reform of our system of rule, that question has always
appeared to me as hopeless. Our rulers at home and oouncilkaEs
abroad are so bigoted to precedent, that I never dream of any
change unless it be a gradual declension fix>m w(»8e to worse.
I have, therefore, no settled speculations on that head, and
NATIVE AGENOT. 151
what I have are "wild and undigested. In the first plape, every
Company's servant should come oat a cadet. There should be
no separate civil service. Men should be selected for civil
duties according to fitness^ remaining soldiers nevertheless.
Onr piesent Bengal judicial system should be knocked on the
head. Revenue, ditto. Some mode should be discovered of
upsetlangy with justice, the Permanent Settlement in all its parts
— ^the most sweeping act of oppression ever committed in any
coimtEy) by which the whole landed property of the country
has been transferred from the class of people entitled to it, to a
set of Baboos, who have made their wealth by bribery and
cofntption in the management of our provinces. Similar in-
justice has made rapid progress in the Ceded and Conquered
Provinces, owing to the abominable system of selling proprietary
rights for arrears of revenue. Dihlee is the oxily portion of the
Bengal territories where the rights of the real proprietors or
hereditary occupants — ^the village cultivators — ^have not been
invaded by our nefarious regulations, the whole code of which,
being founded on ignorance, ought to be destroyed. To return
to my speculations. Revenue and judicial, and, when practicable,
military powers also, should be exercised by the same person:
union, not division, should be the order of our rule. Con-
fidence, not distrust, should be the engine to work with. An
efficient and sufficient army (much greater than our present
one if we could pay it) should support and, if forced into war,
extend our powers. Strict economy in everything else should
go as far as possible to the payment of the army. Colonisation,
without being forced or injudiciously encouraged, should be
admitted without restraint" — IJune 29, 1820.]
Natiyb Aoemot. — "I return Briggs's letter. He has
touched on a vast subject. Shall we ever contrive to attach
the native population to our Government? and can this be
done by identifying the interests of the upper classes with our
own? Is it possible in any way to identify their interests with
ours? To all three questions, if put to me, I should answer
153 MIBCBLLAKEOUS EXTRACTfl FBOM PBtTATB LETTE&&.
< No^ Is it true that saoh a host of fine iUlows as
* Sir John Malcolmi Mr. Elphinstone, Sir Thomas Mmno, sad
Sir Edward Golebrooke are united in the same opinions ?' If
they were, it wotdd be almost tieason to dispnte them. B«it
what are their opinions? and are they capable of execatian?
It is not enough to say, ' GKye the natives large penaons and
large estates.' What is to pay our army if we alienate our
revenues ? Could we dispense with our army and trust to sup-
port of the upper classes ? Gk)d forbid that we should tiy the
experiment !
*' I confess that I distrust Native Agency. There is no eadi
being, I feel perfectly sure, as an honest Native Ag^t fixHn
Cape Comorin to Gadimere, and ihey who confide in them axe
sure to be deceived. But we must make use of them, for we
can seldom do without them ; and they have a right to kind,
respectful, and gentlemanlike treatment.
^^ Mr. Chaplin is not the only civilian who is a Mend to the
Punchayut system. I am a passionate admirer of it, and wish
to see all the judges in the land sent to the right about
*' My general creed is confined to two grand specifics, ^ Army
and Colonisation' — the last, because in my mind it affords the
only chance of our having in time a population of interests
identified with our own. I would give up Colonisation, be-
cause its success is not to my mind infallible, if I were sure that
our Army would always be faithful; but drawn as it must be
from a disaffected population, it is wonderful that its feeling is
so good, and it is too much to expect that it will last to eternity.
Wh^n I say that I would give up Colonisation, I merely mean
as a system of salvation. I would never agree to the present
laws of exclusion with respect to Europeans, which are un-
natural and horrible to my fancy." — [^September 7, 1820.]
The Mutiny at Barrackpobe. — ^^ News has come fix>m
Calcutta — you have already seen it in the papers— of the blackest
hue and the most awful omen, such as for a time miist neces-
sarily absorb all the faculties of a man anxiously alive to the
DISAFFECTION OF THE KATIYB ABICT, 153
daogen which heeet our empire in India. I allude to the mu-
tiny at Barrackpore. A regiment of Bengal Sepoys, ordered
to Chittagong to form part of an army to he opposed to the
Burmansy refuses to march, separates itself from its officers, turns
the major-general of the station off the parade, quits its lines,
marches to the race-course with forty roimds in pouch, and
there threatens to resist any attempt to bring them to order !
AU expostulation failing, two King's regiments which happen
by chance to be within call, the body-guard and the artillery, are
brought against them. The mutineers refuse to lay down iheir
arms, are attacked, make no resistance, and flee. About 70 — at
first said to be 450 — are killed on the spot. Six more (vide
Gazette)^ I have heard, have since been hanged; others brought
in prisoners and in chains in the fort. About 100 taken prisoners
in the first instance. Now what does this mutiny proceed from ?
Either from fear of our enemy, or from disaffection to our Gt>-
vemment. The Sepoys have always disliked any part of Bengal,
and formerly no corps marched thither from the Upper Pro-
vinces without losing many men by desertion. They detest
the eastern part of Bengal more than the western; and the
country beyond our frontier they believe to be inhabited by
devils and cannibals; the Burmans they abhor and dread as
enchanters, against whom the works of mere men cannot pre-
vail. What does all this amount to in brief but this — ^that we
cannot rely on our Native Army? Whether it be fear of the
enemy or disaffection towards us, they fail us in the hour of
need. What are we to think of this, and what are our pros-
pects under such circumstances? It is an awful thing to have
to mow down our own troops with our own artillery, especially
those troops on whose fidelity the existence of our empire de-
pends. I will hope the best. We may get over this calamity.
It may pass as the act of the individual mutineers. The rest
of the army may not take up their cause. A feeling may be
roused to redeem the character thus lost. But we shall be
lucky if all this turn out exactly so; for there is no doubt that
the feelings which led to the mutiny were general. Open mu-
154 XISCEIiLAKXOUS BXTRJL0T8 VBOM PSnTATE LETTEB8.
tiny, indeedf was not oonfined to the 47th: 200 of tiie 62nd
seised the colon oftheircorpi and joined; 20menof the 26th
seised one color of their corpe and joined the mutiny. What
mm the rest of the regiment about if twenty men ooidd oommit
this audactoua outrage ? The whole bumness la rerj bad; and
we shall be veiy fortunate if it lead to nothing more. But we
are often fortunate; and the mind of bum is an inexplicable
mysteiy*
" Sometimes these violent ebullitions of bad feeling are suc-
ceeded by good conduct; let us hope that it may be so in this
instance; and let us take warning not to rely so entixely on one
particular class of tioops. More olBcers» more European regi-
mentSy and a greater Taxiety in the composition of our foroe,
seem to be the only remedies in our power to countersct the
possible disa£fecdon of our Native Infimtry ; and whether our
resources will enaUe us to cany these remedies to a sufficient
extent is doubtful Enough of this for the present. It is the
most serious sulgect that could hare roused the anxiety of those
who^ like myself, are always anxiously alive to the instability
of our Indian Empire."— [Aimmier 19, 1824.]
Allowancbb of the Htdsbabad Restosnct. — ^^I
must bid adieu to the hope of ever seeing you at Fezn-hill. I
shall dearly not have the means of occupying that place credit-
ably, if ever I go home; and I never shall go home until some
urgent necessity may compel me. By a minute examination of
my accounts, I have ascertained that I have been spending
much more than my allowances ever since I came to Hyderabad,
of which I was not before aware. The following is the result,
carefully produced by actual calcuUtion, after every possible
deduction. From Ist September, 1820, to 30th April, 1824:
Sicca Kupees.
Average Monthly Expense . 10,220
Monthly Income 8,053
Monthly Excess of Expenditure 2,167
IBKBGULAB HORSE. 155
The woiat is, that I see no xemedj for the fittnie. My present
^lan is to send home irfaat money I have, to be secured there
for my children, and to stay in India myself as long as I haye
health and ftcolties. If the reports of my coming into Council
be confirmed, I may be driven home at the end of my term,
for I should not likato descend to serve again in the crowd
after forming a part of the Govenmient. With these prospects,
it win be a refief to me to find that I am left undisturbed at
Hyderabad. And it will be arelief to me tofind that I am not
to be separated firom my friends in this quarter." — [December 6,
1824.]
I®UI.AB HoBSfi.— [To LoRD Ahhebst.]— ^ The kind
allusion made by your Ixndship in your favor of July 1, to the
order of Govenmient regarding the gradual reduction of our
Irregular Hone, encourages me to submit your attention to a
part of that order which seems calculated to destroy the efifect
of your intended indulgence, to ruin the efficiency, and crush
the sprit of all the troops employed in that branch of our esta-
blishment.
^' I advert to that part of the order which provides that every
trooper shall be discharged whose horse may die, or be dis-
abled, or in any way become unfit for service.
'^One consequence of this clause is, that the service becomes so
extremely precarious as unavoidably to lose all hold in the
attachment of the men. No one can reckon on his livelihood
foraday. Hishorse maybe killed or disabled by any accident,
or die by sudden disease, and the provision to which the trooper
heretofore confidently looked for his support will instantly oease.
'* Another consequence is, that no man can be expected to
perform his duty. Any exertion of his horse may tend to an
accident which will deprive ibe rider of his bread. The object
of the latter of course will be to save his horse, and duty will
necessarily be n^lected.
'' Another consequence is that the best men in the service are
as liable to discharge as the worst, the oldest soldiers equally
156 MISCSIJ^AMEOUS EXTRACTS FROK PBIYATE LETTEB&
with the youngest. It has already oocnned since the issiie of
the order that men who have been repeatedly wounded in the
service, and whom it could never have been your Lordship's
intention to dismiss, have been discharged in consequence of
the death or disability of their horses.
** The effect of this part of the order on ihe Irregular CSavahy
must be so universally detrimental and destructive, that I doubt
whether the immediate reduction of that body to the intended
peace establishment would not be less injurious.
'^ If, however, this part of the order were reposed and rescinded,
the continuance of a gradual reduction would, I conceive, be
far preferable to one sudden and immediate; but the gradual
reduction ought to take effect as men die, or retire, or render
themselves liable to discharge, and not be dependent on the
lives or deaths of horses; for it cannot be so without the greatest
injury to the efficiency and spirit of the whole corps.
^^ I am confident that your Lordship will not be displeased at
the freedom with which I have offered my sentiments on this
most interesting subject. The Irregular Horse have done their
duty well, and shown a good spirit, and seem to be as well
entitled to consideration as any other part of our army.
*' I am very happy to learn that your Lordship has determined
to visit the Upper Provinces. I think that you will derive
both health and pleasure from the journey, and that your pre-
sence will be highly beneficial.
^* I had projected an excursion into Rajpootana and the south-
westernmost parts of my superintendence, which was to have
commenced in October, and was likely to occupy firom two to
three months. I am doubtful, however, now, whether I ought
to postpone it until I have paid my respects to your Lordship
in these provinces, or imdertake it in the first instance and pay
my respects to your Lordship afterwards. On this point I b^
your commands.
'* I conclude that the arrival in Englandof intelligence of the
honorable termination of the Burman war, and of the capture
THE FALL OF BHUBTPOKB. 157
of Bhuitpore, will put an end to the discussions at one time
agitated respecting the nomination of your Lordship's successor.
The support which your Lordship has received from his Ma-
jesty's Ministers is no less honorable to them than to your
Lordship, for it proves them to have been above being influ-
enced by the clamor to which the peculiar difficulties of the
Burmese war gave rise." — [August 6, 1826.]
Effects of the Siege of Bhubtpobe.^-*' I had the
pleasure lately of making acquaintance with your son, who
came as an amateur to the siege of Bhurtpore. I congratulate
you on having such a son, and I also congratulate you on
an event which has confounded the notions entertained by all
India, of the existence of a barrier from which we might
be insulted with impunity. By the fall of Bhurtpore, and the
peace with the Burmans,. our power is at a higher pitch than it
ever attained beforb ; and if the peace with Ava prove secure
and lasting, and we have time to recruit our finances, we shall
soon be in a moie prosperous state than in the most boasted
periods of former days. But I fear that our hold on India is at
the best precarious, and that we must always be prepared to
straggle for the preservation of the power which we have
acquired and now maintain solely by military prowess." —
To Sir G. Bobmsanj April 24th, 1826.]
Appoiktment to the Supbeme Council.— "I have
received, and for ihe most part at the same instant, your kind
letters of 5th and 11th April, in triplicate. To Mr. Majori-
banks and yourself, and the other gentlemen of the Direction
who have done me the honor to promote my provisional
nomination to Couneily I must ever be under the deepest obli-
gauon. But as I know not who opposed the proposition,
or who were absent from the decision, I am equally ignorant as
to who gave me their support ; your letters being the only
communications that I have received from the India House*
158 MISCELLANEOUS EXTBACT8 VBOM PSIYATE LETTERS.
I regret that even one shonld deem me unworUiy of the
appointment; bat perhaps I onght raiher to oonnd^ it tat-
tanate that the minority was so smalL To yon, my dear Sir,
who have shown so generous an interest in bcjialf <^a strainer,
how can I soffidentlj express my thankfulness ? I will venture
to assure you, that as a member of the Goyanment, the
faithful discharge of my duty to the Company shall be the
paramount motive of my conduct. I replied some months ago
to your obliging favor of last September.'*'— [To Sir G. Bo-
bmsan, September 24th, 1826.]
Affairs of Rajpootaka.— Nok-Intxrfbbbxce, &a~
** The disturbances in Joudpoor and Eishengurh are bad Bymp>
toms of the results of non-interference. There has probably
been mismanagement on the part of our agents; peihaps an un-
necessary or even malevolent bawling out of non-interferoioe,
which may have led to the present state of things. The tolerar
tion of Kuleean Singh's remaining at Dihlee when his country
was thrown into confusion by his attempt to subdue his inde-
pendent dependants is utterly unaccountable, and is a proof of
gross neglect. Something of the same kind seems to have pate-
vailed in allowing the Joudpoor Thakoors and Dhokul Sing^
to assemble and unite in the Jyepore territory, for which the
Jyepore State ought still to be called to account. Tet the dis-
turbances are in both cases essentially internal, and apparently
proceeding from our non-interference in internal aflbirs. Do
not suppose that I am ready to abandon that principle. On
the contrary, I am of opinion that it has never yet had a &ir
trial ; and I shall be without chart or compass if it be abandoned.
But it must be owned that we have been veiy unfortunate.
The contemptible imbecility of Kuleean Singh of Eishenguili,
and the oppresnons and treachery of the Rajah of Joudpoor,
have caused these disturbances. I shall be glad if the latter
can get himself out of the scrape which he has brought on him-
self; but if he calls for assistance, and submit his di£brences
KON--INTEBFEBEKCE. 159
with lu8 chiefs to our arbitration, we shall be by treaty bound
to ud him. Not that protection in such a case was contem-
plated when the treaty was framed, but its terms will hardly
admit of oar allowing him to be overthrown, althongh he is
bound certainly in the first instance to defend himself. How
contact with us seems to paralyse every State I Maun Singh
was formerly able to keep what he had usurped, even against
powerful combinations. Now, seemingly, he cannot stand
against a few of his own chie&, having on their dde the name
and person of the pretender. With respect to Eishengurh, if
the Rajah do not acknowledge and fulfil his responsibility for
the acts of his rebels as well as his followers, we must interfere
between him and the former, and put an end to all disturbances
in that petty State. Tou apprehend the spread of anarchy in
consequence of these disturbances. It may be so — and nothing
is surprifflng in India — ^but it will certainly be hard if we are
to be involved in general commotion because two Rajpoot
Rajahs quarrel with some of their chiefs. It will be a great
blow to non-interference. It will be a proof that we have either
gone too &r, or not far enough, in our superintendence of Cen-
tral India. My opinion has always been that we have gone too
far, and that we ought not to have posted our troops there. I
remember the time when I could sit at Dihlee and hear ac-
counts of disturbances throughout Rajpootana and Malwah,
without our being in the least afiected by them ; and after we
had put down the Mahrattas and Pindarees, and made our
general treaties of alliance and protection, we should have done
better, I think, had we posted our troops in a noble army on
the Jumna, and interfered only on great occasions, when the
cause might be worthy of us, leaving the several States to
manage their concerns in general without us, forbidding, of
course, any aggressions of one on another. This, however, is
a new field of discussion, on which it is now useless to enter.
Tou may be sure that I look to your quarter with no small
anxiety, for I conader myself the only advocate of non-inter-
160 MISCELLANEOUS EXTRACTS FROM PRIYATE LETTEB8.
ferenoe on principle — ^the only acWoeate, I may sayi of any prin-
ciple of poUcy ; and if this principle be wrong, I have led the
Goyemment into it. I wish that I had agents whom I oould
rely on in carrying it into execution. I like the litde tbat I
have seen of our new Governor-G^eral very much. He is a
straightforward, honest, upright, benevolent, senmble man, who
will, I trust, have the interests of the State at heart. He
seems disposed to inquire and think for himself, and to avoid
falling under any one's influence. I do not perceive that he
has any fixed principles to regulate his Indian policy, and I can
fancy, that if he should take a wrong view of my subject, he
may be apt to persbt in error; but on the whole I hope ivell,
and am pleased with what I see.''— [July 22, 1828.]
PART II.
Mtfim ^outuil MinuUn.
MACHINERY OF INDIAN GOVERNMENT.
[1827—1836.]
[The papers contained in this section are .those written by Sir Charles
Metcalfe, after taking his seat in the Supreme Conndl of India, up to the
period of his final departure from the country. Principally written in the
official form of 3^utes for perusal by his colleagues, and for subsequent
record cm the Proceedings of the Council, they have been arranged under
sereral heads, according to the department of Government to which they
relate. I have prefaced them, however, with some general remarks on the
condition of our Indian Empire and the machinery of its Government,
written, apparently, not for official record, during the discussions preceding
the passing of the Charter-Act of 1833. They contain a fair summary of
the general views of the statesman, and serve as a key to much that fol-
lows. . In some respects it will be seen that the suggestions which this paper
contains have abready been adopted by the Legislature ; but a great por-
tion of it is still applicable to the present state of affairs, and suggests:
matter for future consideration.]
.... What will the nation gain by taking India out of
the hands of the Company ? An addition of forty millions to
the national debt, and a territory that cannot pay its expenses.
Yet, no purse but that of the nation will be able to support
this ezpennve concern; for that of the Company cannot, afier
M
162 IfACHINERT OF INDIAN GOVEBNXENT.
the loflB of the China monopoly ; and, in fiict, has only done
80 hitherto by borrowing.
Borrowing cannot go on for ever ; and an attonpt to make
India pay its own expenseSy under all drcuinstaneea, might
cause the lorn of the country.
Our hold is so precarious, that a very little mismanagement
might aocompliah our expulsion ; and the course of events may
be of itself sufficient, without any miemanagement
We are to appearance more powerful in India now than we
ever were. Nevertheless, our downfall may be short woiL
When it commences it will probably be rapid, and the world
will wonder men aft tlie suddenDflH witfi which oar immense
Indian Empire may vanish, than it has done at the surpriang
conquest that we have achieved.
The cause of this precariouaneas is^ that our power does not
rest on actual strength, but on impresmon. Our whole real
strength consists in the few Evropean regiments, speaking
comparadvely, that are scattered singly over the vast spaoe of
subjugated India. That is the only portion of oar soldiery
whose hearts aie with us, and whose oonalaacy caa be lelied on
in tfaehour of triaL AH cor native estabB AbwId, nnMtaiy or
civil, are the toUowers o« fortune ^ they aerve us fer Aenr liven*
hood, and generally serve us well. From a sense of what is due
to the hand that feeds them^ which is one of the virtuea that
they most extol, they may often diqday fidelity under tiyiag
circunMtawoes ; hmi m Aai inwasd feaU^ji tiiey partake noie
or less of the universid dieaflbction which prevaib against us,
not from bad government, but from natural and irresistible
antipathy ; and were the wind to change— to use a native
expression — and to set in steadily against us, we eould not
expect that their sense of honor, although there might be
splendid hiifannes of devotion^ would keep the mass on our
side in oppootion to the common feeling which, with oaeview,
might Sat a time unite all India fiom one end to the other.
Empires grow old, decay, and perish. Onia in India can
hardly be called <^ but asems destined to be short-lived. We
appear to have passed the brilliancy and vigor of our youth,
l>IITr TOWAXDB THE OOVEBKSD. 163
■mL it WBj be HatA we hzwe xeached s pvematore old i^. We
bftire onaed to be die vooder tfatt we were to the nataTes ; the
dMrat which OBcee&compaaBed m fan been disBolvcd, and our
nbjeets have had timeto inquixe why they ha^e been eabdned.
Ike eoliaeqiieBcea of the ixiqviry vny appear hereafter
1£ these specnhriiniis are not devoid of Ibondationt diey aie
Qfleftd in diverting cor minds to the contem{dation of the veal
nalme of onr power, and in pseventmg s delnave bdief of its
inpiegnahility* Oar greatest danger is not from a Rnssan
inYadon, bat firom the fading of llie impreBekm of o«r invinci-
biUty from Ae minds of the native inhabitants of India. The
diaifieetion which would willix^ly root as oat exists abandantly ;
&e conenrrenoe of dvcamstsnces sufficient to call it into geneiul
ac^n may at any lime happen.
The most obvious mofc of uliengthening our power in Ih£a
would be by a large increase of our European force ; but as we
could not find iimds for the consequent expense, that measure
is impradicable.
Wbedier we msintaxn or lose India, does not depend on its
bang governed in the name of the King or in that of the Com-
pany ; our fate most piobably will be the same either way; but
as long as we retain possession, we are bound to do all the good
in our power to our subjects. Although the hope of gaining
their attachment may be uttexly vmn, we may often mitigate and
neutralise their disafrection ; and by the longer continuance of
OUT rule, that feeling may be less predominant, as seems already
to be the case in our oldest possesions, where the inhalntants
have been habituated to our government for more than one
generation. Etcu, however, under a certainty of permanent
diaaffecdon, our duty towards the governed is the same. We
are bound to give them the best goremment in our power.
Will India, tihen, be best governed by continuing the channel
of the Company, or directly by the Ministers of the Crown?
As concerning the native population of India, it seems to be
a matter of indifierencey for whatever improvements can be
introduced into our local administration, may be equally eflected
164 MACHINEBT OF INDIAH OOYSBHICERT.
in the one caee or the other. Even now, India on all great
qaeetions is goTemed bj the Board of ControL An j olmoitt
improvement could be introduced if it did not violate die
Ccmipany's Charter ; and it would only be necesaary in ^
new duurter to take care that no stipulationB were admitted
which might preclude the power of improTement
Although it seems to be a matter of indi£krence to the
native population whether India be governed through the
Company, or directly by the Ministers of the Crown, it is not
so to another class of subjects.
The Europeans settled in India, and not in the Company's
service, and to these might be added generally the East
Indians of mixed breed^ will never be satisfied with the
Company's Government. Well or ill founded, they will
always attach to it the notion of monopoly and exdunon;
they will consider themselves comparatively discountenanced
and unfavored; and will always look with desire to the sub-
stitution of a Elng's Government. For the contentment of this
class, which| for the benefit of India and the security of our
Indian Empire, ought greatly to increase in numbers and
importance, the introduction of a Song's Government is un-
doubtedly desirable.
It is also dedrable on anotiier accoimt. The enstence of
King's Courts and a Company's Government produces the
appearance of disunion in our administration. The relative
positions of the Courts and tiie Governments are misunderstood,
or are not what they ought to be. The judges themselves
seem to conceive— -indeed, in some instances have openly de*
clared — tiiat they are here purposely to check and control the
Company's Government, and that tiiey are above the Grovem-
ment, which can only approach their high tribunal as an humble
petitioner. This state of things does not exist in any other
country. Everywhere else the Courts of Justice, even where
perfectiy independent, as they ought to be, in their judicial
decitions, regard themselves as forming a part of the general
administration of tiie country. Nowhere else would they
dream of bringing the Government of the country into con-
king's Ain> oompany's abmies. 165
tempt for their own exaltation. This assumed superiority of
the King's Courts is encouraged and insisted on by the
European population not in the Company's service, and a
wrong feeling on the subject will always exist until the differ-
ence of King and Company be aboli^ed by the introduction
of a Royal Government.
The present difference between the King's and Company's
armies is another inconvenience which the establishment of a
Government directly on the part of the Crown would obviate.
This difference is disliked chiefly by the King's oiEcers serving
in India, who see those of the Company in possession of all
Staff, offices, excepting the few belonging exclusively to the
King's troops ; and are also precluded from numerous advan-
tageous and honorable employments in civil branches of the
service which are open to Company's officers. It is just that it
should be so, while the two armies are constituted as at present,
and entirely separate ; but if an amalgamation could take place
without injury to either party, it is desirable that such distinc-
tions should cease, and the establishment of a King's Govern-
ment would tend to produce that eflfect.
A King's Government is also the one which is most likely
to be permanent, as the Company's hold under a charter must
be liable to periodical changes and reversions, whether for re-
newal or subversion.*
These are the reasons which occur to the mind in favor of the
introduction, ostensibly as well as really, of a King's Govern-
ment ; and on the other hand, there do not appear to be any
reasons of a permanent character in favor of the continuance
of the Company's Government, as far as India alone is con-
cerned. But, in the first instance, the natives, perhaps, dis-
trusting the consequences of the change, would rather prefer
* At a later period of his life, Sir Crown is in reality jfovermnent hj
Charles Metcalfe, with a greatly en- a parliamentary majority, and Su*
lar^d knowledge of European po- Charles Metodfe used to say, that if
IxtuBSy saw occasion to modify the that were applied to India our tenure
opinion here expressed in favor of of the counUy would not be worth
the fforenunent of India directly by ten years' purchase,
the Crown. GoTemment by the
IM MAfiHiMtRY or UOHUai OOnOBKIHT.
the oontiiwMnre of ihftt gOTenuMDi to -mtidi Aef kcre ]
iccniilofniwi. And, as has been before TeamAaAy efciy air
praremeBi m local aiiiiniahratiflm may be eflbeled ibxaa^
the medimm of a iinim»al CJompaajf^a fbmiiiimft^ as -well aa
Aioigb any other Iota.
On the whole, the King's Government aeema pvefesaUe; bat
whether the goraniiieiit be Ki^a or Coeapany'a, die proapect
of ]inpK«>veiiieiii la not flattering.
The revennea of India axe not equal to the au|i(Mri of ita
expenaea^ and, jndgiag from paet ezperioaoe^ are not fikely to
become bol We maj, and we moat, lediaoe onr ocdiaaiy
ezpenditore within our ineoaae ; bnt we hare a heavy debt to
diacharge, and we ha^e no aeeoiity againat fatue waE% which
must incEcaae our financial difficaldeaL TlieBe ia litde hope of
a permanent xeductioa of eatabUahmenta ; these ia a eoaAiDaal
todency to increase. Seme bamdicB of vevemK aie hhcljF to
fidl off ^ there ia no aatia&etQiy aaanrawoe of great inereaae ia
any othera. The Sea Ciiatom% now ezoeedingly low, are oaa-
ceptibk of improvement, but it can only be by levying higher
duties on the trade with Enzope, to which the mevdiaata of
England would object. There i% indeed, the remote proqtect
of increaae of revenue firom the incnaaed influx of Eazopeana;
but tfaia ia at preaoit inoculative ; and whether an incieaae ef
revenue or an increase of expense from mate expensive eata-
bhahmcnta will be the result of an exteoak» of the Earopean
populatioa, ia nnoertain.
It is, therefixre, to be apprehended that the Goremment will
not poaaeaa the power of reducing taacattan, aa it will haxdfy
have the naeana, with ita present revemie, of aupportix^ ita
expenaea^ The f^xmer may be the leaa n^iretted, as the e&ct
of reducing taxation inany afaape in which it would have to be
accomplished, is far from certain. The only branch of our taxa-
tion that can be called excessive is the Land Revenue, the dnef
resource that maintaina the State* A reduction in this, justly
apportioned, would contribute to the comfixt ol ihe raaas of
our subjects, the village popiilation, but would not make them
vmjcnciB a» xAXJOum. i(7
wodlkf. IfappovtkwdiriaioiilgscUcBiendfltzkivqp^
jmioe^it irould mat even pmrnotetbtir comfert^lbat ifoaklinoflt
pidbUy do tihem injiiiy. Hat leductm, lioiiii:v«ry idiateiv
would be iti ooi»eqiieiifie% ive are not in a caodiliQB to sffixtd.
Ovr GofcmiBeiit »iioi a mrtioaal CknnenHBenttfaaieanic^on
the sflbclMim of ilviribgtets fcr defence ^gsm8t£M»^
It is tbeeone of aGovcnnoBtofer accmqiiefedcoiinlr)rtlMit
it Gflnnot tRHt the people. Our salgeeli an intenal eneaaaeti^
nmdj at least fiiridiange, if not xipe Ibr insoneodoBt ^ the beat
aifcctcd are pawve TOtariea of fiite. We cm retain our d«>*
mJnionoedybyalaiqgeinititBiyeiitabliflliTn^
sideiable feree of Britiah troope^ tbe fidelity of our natiYe amy
oonld not be xriied en* It irould be difficak to caknlate what
fiwee predsely iaaeqaite;^ it is eaaytoaeethat^&r aecaiity,we
bsrenottoonnidi* Itaeesn Aat weoagbtto nudntainaU that
we can pay, and to pay them we require all the revenue that
wecaniaiBe. AredoGti<Hiof taxation for any beneficial cooae*
qneaee appeare to be hopehm
Ko govemmen^ perhape, ever made a greater xednction of
taaoilion, or, in oth^ woida, a greater sacrifioe of the light to
acknowledged and usual public revenue, than did the Bengal
Goyemment respectivdy in 1793^ in what was tetnied the
permanent settlement of the land reToone. But what was the
consequence of this sacrifice ? It did not benefit the mass of
the population interested in land. On the contraxj, it psac-
tically destioyed Aeir rights* It <»ily transftrred the revenue
of goremment to serve individuals who had no title to it,
without any beneficial eflfect on the public initerestiv » fiff as is
peroqitible to eoramon observation.
If reduction of tazatxon, and improvenrait as its cons&>
qnences, are not to be expected, firom what other quarter laay
improvenent be looked tos ? From non^ suddenly. It is to
be hoped that our Government is gradually producing im-
provement: that we are progressively enlightening the minds
of the natives: that security is promoting wealth: and it may
reasonably be expected that the increase of European settlers
168 XACHIHBBT OF IHDIAH OOYXBHICBHT.
win hftTe very beneficial effiscts. But improTemeni oaa only
be gradual. No change in the adminiatration of the Gorem-
ment can produce any sadden eflfect The local Groveninient
has always been disposed to impiove the condition of the
people. Barring restriction on the settlement of Europeans^
which was most unwise, but has progresrively been modi
rekzed, no obvious improvement for the benefit of the pec^
consistent with the recdpt of the revenue^ necessary for the
maintenance of our power, has been, or would be, neglected
under the Company's Gbvemment There has been no want
of benevolence, either in the Grovemment or its executiTe
officers; but the means of improvement are not obvious.
The most obvio^, but that hitherto much disputed, is the
admission of Europeans to settle and hold property in India.
Their settlement has never been entirely prohibited, and lat-
terly has been facilitated and encouraged; but the removal of
remaining restrictions on their lawfully acquiring and holding
property is necessary; and for their satisfaction, the cessation
of the power possessed by the Government of sending them
out of the country is indispensable. The ezistenoe of this
power is dwelt upon by them as the greatest hardship to which
they are subject They profess to regard it as destroying the
value of all property, even if they were allowed to hold it^ and
rendering their situation so precarious as to preclude the pro-
bability that any one possessing capital would voluntarily expose
himself to the danger of losing it by becoming subject to the
exercise of this arbitrary power. These obstacles removed,
and the settlement of Europeans allowed to take its natural
course, progressive improvement is the result that may be
anticipated. There must be added the abolition of those
unjust distinctions which exclude the products of India from
the markets of Great Britain and Ireland, the consequences of
which abolition are at present incalculable, and may be im-
mense. It is impossible to foresee to what extent the resources
of tiiis productive country may be drawn forth by European
ADKIinSTRAnON OF JUSTICE. 169
cnfterprifle, ddll, and capital These axe our best prospects of
improyemeiit.
The eztennve establishment of European settlers would give
us also a strength in the country which we do not at present
poness. We have no root Were our troops and ci^il autho-
rities by any disaster driven out of a province, there would be
no vestige of us left, — no part of the population interested for
our return, or bearing any trace of our existence. It seems
wonderful that the policy acted on in a conquered country
should have been to ezdude our own countrymen from ac-
quiring influence among the people. It may be too late to
prevent the injurious effects of such a policy, as the operation
of a more natural course must be slow, and the greater part of
a century has been thrown away.
The increase of European population will necessarily be ac^
companied by considerable changes in our judicial adminis-
tration. Europeans must be made amenable to provincial
Courts. It will probably be necessary to introduce functionaries
who have had education and practice in English law. The
distinction of King's Courts and Company's must be abolished.
All must be united in one system, lliere must be a local code
for India and a local Legislature. All our subjects, European
Christian, native Christian, Hindoo, Mahomedan, foreigners,
lie, ought to be under one code of laws in whatever concerns
them in common, returning their own in whatever is peculiar
to each sect.
The East Indians, of mixed breed, ought to be placed on
the same footing with British subjects. They are now held to
be natives, and, although Christian, are subject to Mahomedan
law.
Whatever improvement may suggest itself as obviously bene-
ficial and practicable, will no doubt be adopted, either at the
time of that great change, or previously^ But it is less difficult
to perceive that there are defects in the administration of justice
thm it is to render it perfect. The present judicial establish-
170 ifAcwniwcT ov noiUM i
I Am miglit W needri for i
juBtioe to the xuttive population aocording to their
iBflh^* buk^ coBfteanlatiBff mi Meowa of
ktioB^ iM «& hudly look to ft ]
We mait uKvemdlj ptoride such CcxHts as wiD give m^
hctiaa to FMn|Hftn as veil aa aatim aabjeolB; and this Mf
not be ptT^fH1^ laibatiX aa naonan of expeiHB.
TIm) Police eftabUhmenti^ iiQB the MM OMe^ wm
haw to ndoEgo great changci^ IhePoUee ai preaoiiiavB-
dentood to be gCMrallj efident. liiBM dod>t»im8oaM»
apeel% aaonxee of anaoyaiioe and cppteflBon to the people, v
is akMst efeij part of our aadTS offidal eslaUklHDcata; imi it
is ireiy difficult to rectify this evil Maay geadeaaea haw
made the attempt with the best inlealioDS, bmi generaUy with
little sooeesB. Posasr and the abuse of it sesm JnespaTable in
onr osftive esliHinhnwuli. The theoreticsl remedy wbodi hat
been fieqpiently advocated, is to raise the charactera of our na-
tire servants by saigmenting their aUowanoeL The schssne is
nnpraoticaUe, because it would be ndnoos, even if these were
any hope of sneeess in its object; wfaidi aoay be doabled
Modi has been said of late of Native Agencyy which, if it
be meant thereby to ezdude Earopeaa sopeiintendenee and
vigilsaoe, seenn irisionary and utterly inpcsnUe. If it is to be
oombined with Enropean dizectiooy the native agent must
remain much the lame as he has slways been — ft sabovdrnnle
officer with a moderate salary. We cannot affisrd to pay
double fer native agency and European surveillance. All that
has been written on the extension of the native agency is veiy
indefinite and rather unintelligible. All our subordinate i^enta
are natives. It is surprisiDg how little Europeans have beoi
employed in the lower offices of the State. The use of natives
in the exercise of conaideraUe functions in the judicisl depart-
ment is great and increasing; but they misit r»naan subordi-
nate and moderately paid. If it be intended to subetitute
native for European agency m the higher offices^ the attempt
will fail. When native agency predominates we shall be
SATITBJbBEHCT* 171
loatoftkeeonkiy. Wemaot lien bj the^viUof the
ageiief Biat itiB oo6iip7 •& u^Kvtaat postian^ forwecmoot
depead en tbe egenoj of natms.
ThfBj hmwe never beat exclodeil fiom sn j es^iioTiiieBl in
wUch i^ haa ■{q>eaxed tluit die/ could be eenrioeabk. Nor m
li MCMumj nonv to enbde ifaem. KeiAer a il cicpedieBl to
Sane ihtmk vmataEillj isto new enpkijiiicata for tie sake of
ft them J > LetAcni beeaplofed wbezever it iadeemed deair*
ftUe. Bstitdece aoiseemnatundtlmtdieinGreflee ofEmo-
peue populatkn, snd tlie extRfnaion of Native Agency in the
ofices^ flhoald adT«Ke together; The patrons of the
i Ibaidljr be the adrocates of the other.
It suit be dodbtod whether erea the Civil Service will be
abb to ictam itv exdhnive privileges after the extensive esto-
bBnhwent of Eozopean settLera. At present the whole adminis-
trataon of the countrj is condosted or superintended by the
mcmbeis of this singiikr service, destined £rom the dawn of
maihiood to the pwrformance of the most important duties.
TIhj are mot geneially deficient in integrity or application to
buriaeai^ or bcnevolenGe to die people. What is most wanted is
heartfeb neaLfer thepuUic interest; scarcely, perhaps, to befound
in any body of men. On the whole, it may be doubted whe-
ther die duties peifbnned hj the Civil Service could be better
pezfcimed nader any odier arrangeflsent by the same numbers,
but die meoesnty of em^doying unfit men in hi^y important
offices 18 pecntiar to this service, and demands correction.
If all the young men sent out fi^r service in India were
or^inaHy appoint^ to die army, the Oovemment would be
able to sele^ those best qualified for the civil service, and on
the disappointment of its expectations in any instance, could
leCam a poaon unfit for civil buriness to duties more suitable
to him.
This ammgemeni» however, posribly might not agree widi
the fhture drspfwal of the army, which ought to be transferred
to the down. Its existence as a sepamie body, ealliag die
172 XACHINERT OV IMDIAN QOVSBinCBHT.
Oompany master, and yet having no respect for the CSompany
or Its authoriliefl, is incompatible with that spirit of sabordi-
nation, and discipline, and loyal devotion, without which an
army may become dangerous. The Company's army has always
done its duty in the field nobly; and no army in the world,
perhaps, has a higher tone in that respect But it exists in a
state of continual discontent, from the comparison which ia
ever before its eyes of the scantiness of military allowances with
the large salaries of the civil service, and is driven almost to
frenzy by any attempt to reduce those allowances already oon«
ddered too small. Therefore, the late orders from home, re*
ducing the batta of the Bengal army at some stations, besides
being severe on present incumbents, were most \mwise, because
they were sure to excite a feeling iar outweighing in mischirf
any good that could possibly be expected from carrying them
into effect. The Indian army, although it be taken under the
Crown, must, nevertheless, continue in some respects a sepantte
body — that is, it must be officered as at present by officers
brought up in its own bosom. Officers fix>m the European
portion of his Majesty's army ought not to be transferred to
the direct command of native troops; but officers from the
Indian army might be allowed to purchase, or to be removed
into the European army, and the prospect of this at some period
would form a bond of connexion between the two services,
which would be strengthened by putting the officers of both
services on the same footing from the time of their ceasing to
be regimental officers— that is, from their promotion to be
general officers, giving to the Indian officer the privilege in
common with the European officer of being eligible to serve
his country in the fields of Europe.* At the same time, the
* There is matter in this for very in India b in F"g^w*<^ a dead letter,
grave consideration at the present TVliatever seryioes he may have ren-
time (Jamtary, 1855). Indeed, it is dered to his country on fields of
one which presses earnestly for a Eastern enterprise —whatever may
settlement. In Europe a Company's be his approved military RVill^ his
Seer is an officer only by courtesy, experience in the field, his known
e royal commission which he holos fertility of resofiroe, his coolness and
I
AMALQAMATION OF THE THBEE ABMISS. 173
Staff in India, and the employments now held ezclarively by
Company's officers, ought to be common to both branches of
the King's army; nominations to be made not at the Hor^e
Ghiards, but by the authorities in India from officers serving in
India, with the exception of general officers, who might be
appointed either from home or from the service in India.
The Indian armies of the three Presidencies could not pro-
bably be united, under present circumstances, without consider-
able inconvenience and dissatisfaction. Union is otherwise de-
sirable, and would &cilitate any reduction of the army that
might be practicable. Considering the composition of the
native portion of the several armies, and the necessity of at-
tending to locality in postbg them, the difficulties of a change
seem to preponderate, but may not be insurmountable. If to
be efiected, it would most easily be done after the transfer of
the Company's army to the Crown, because then, such arrange-
ments might accompany the measure as would lead the officers
to regard themselves as members of the British army generally,
and not as merely belonging to the army of a particular Presi-
dency with isolated interests, which is the feeling that now
prevails, and would render any attempt to join tiie three
armies at present unpopular.
oounge in {;reat and inuninent con- turning to account the available re-
jonctnres, bu mastery over men — sources of a strange country as the
vhaterer, in short, may be the great- officers of the Compan^s services.
ness of his qualities as a soldier and None know better wnat it is to con-
a commander, he cannot, according tend with such eyjls as bad roads,
to the present routine system, serve scarcity of carriage, insufficient meaxis
his country, except in or from hidia. of transport — and above all, endemic
And yet only in India^ during the disease. Yet all the experience ac-
last forty years, has anv military ex- quired by the Indian omoer, during
perience been acquired Dv the British long years of active service in strange
officer. I trust that I shall not be countries and difficult conjunctures,
aocnaed of any undue partiality for cannot, under the present system, be
the Indian services, when I say roidered avaikble for punK)ses of
that the difficulties which our army European warfare. It must be folded
in the Crimea has encountered are up and laid upon the shelf with the
precisely those, in kind if not in Queen's commission, and endorsed
degree, which officers of long Indian as " worthless on this side of the
experience know best howlo over- Cape.'*
oome. Kg men are so expert in
174 lUOHIHXftT OF HIDIAK OOTXBmXHT.
Thif qmBtAaa may m wtmm «legrae depend on die
detenniiialion of aaotberi mundyi ^riieAer llie pxeBeni dkwi-
Bin of bdk iBio dietuct Praideiiaea, vidi the es^
ohiaecy of eefwrate QoytaaamemU ead Orwindk, flkall be warn-
tiined.
No ab^ GbTerameaii as the ladiAa GoTeamente aie at
pieseAt conatiiiitod, would be equal io the Maaagemeafc of Ae
detaik of iatemal admimatration of all the three Piendeaciea.
Tbe SspMBie €k>Tenxment is not fiilly eqoal io it ia that of
Bengal alone^ notwithitaiiding the aid of aevecd eaboidiBate
Boarda; and would be moKe efficient for genecal pnrpoaefl if it
were xelieved fir(»i tbe greater part of thoie detuki
The Bystom of eepaiate PrBwidencieB fleene to woik weU» and
to jnstifyan eniiie change wodid requiie aoBe olmous and
great adrBntage which is not m— ifegfe-
But it is undoabtedly desirable diat there should be an
unity of antbodty, and that erory part of India abouU a ef«ry
ntfed be under one Supreme Oovemment
There mif^ be in eadi of the three PreBideneies of Bengal,
Madras, and Bombay, a Deputy-GoTemor, with a Board 6x
internal administrBtion ; and, over all, a GovenMr-Gcnersl widi
a Supreme Council.
This seems at first sight a more expensive arrangement than
the present, but as the local Oovemments would be limited to
internal administration^ the subordinate Boards whicb at piesoit
exist in tbe several departments might be whoDy or partially
dispensed wUh.
Each Presidency might require a separate Commander of
the Forcea^ but there might be a Commander-in-Chief of the
whole, who diould be equally Gommander^n-Chief finr aH the
troops, and not, as at present^ Commander-in-Ghief for the
King's troops only, and eoramander of the Company's ibroes in
Bengal alone.
The Gommander^n-Chief ought to be a BBember of the
Supreme Council, in which all important political and miCtary
questions would be determined; but the oonnnanden of d»a
^ovinauui-ca&BssALBHip* 175
I fteridenciea need not be memben of ^» Fnndaicy
Bonds, at ilie bnnhipm of ^ eoboidiiiate GoTenuneoti ivodd
be eottfined chiefly to loeal ^tiI udmraistralioft, in wbich Ike
conimandas of the forees eodd be of Ihde use. The local
Bcwda migbt be anisted^if neocavij, witbiiiiliftuyknowieclge,
by baying a mUkMry ana as aeeietej in the vflitarjr depart-
mentyitt is already the case in BengaL
The nomination to appointments, or what is designated the
patwage in all the fecoes, ought to beknig to Ae oommaader-
iiFchief^ and the patnuage of the tinee Cknremments to the
GoTemor-General. This is necessary for the due inflneBoe of
tlMse h%h aatheanties; finr, wItboMt the power of dispennng
benefils, thqr wonld be of Httle oonseqnenoe, petacmallyy in the
estiniatioB of the oonuunuty.
Whenever cncBSBslanees wiU adnit^-that i% whenever the
Gbvemor-General may be a general officer of eaffieient niK-
tary lank^ it will be belter that he shodd abo be CMimander-
in4Dhief. In this oonqueied erapiie, where &e amy forms so
preponderatiBg a part of Ae ESnopean community, the eidst-
enee ci a separaie head to the army creates a power which
sometimes becomes a sort of livel to that of the Governor-Ge-
neral. Either the CoHnBander4n-Chief aeqmres popakrity at
die expense of the Governor-General, or both are unpopular.
The periods of greatest discontent in the amy will foe found to
have occnrred when the offioes were sepamte; the army has
been best pleased when they have been united.
The union of the offioes of Goveraor-Oeneral and Commander-
in-Chief is not suggested as an arrangement in no instance to
be deviated fiom. It is supposed that the junction of aatho-
ritses wonld generally be adTsntageous ; but if a rule had
existod excluding from the Governor-Generalship every person
who oonU not be Commander-in-Ohief, we riioald have lost
die administinlions of Lord Welksley and Warren Hastbgs.
Hie Supreme GoTemment might connst of the Govemor-
Greneral, the Oommander4n-Cfai^, and two other mraiben.
Oivil or military servants from either of the three Pkesideneies
176 MAOHIHBBT OF IKDUK QOYXBHICEHT.
to be dif^ble to the Supreme CoonciL More membea firam
other profesnons might be added for l^gialatioii. One or more
aeoetaxiesv as need might be, to be attached to the Supteme
OoTermnent to be taken from any of the Preadenciea.
The subordinate Goyemments might obnaut of a Depoij-
Govemor and two membera of the Board at each PreaidenGj.
The membera of the Board to be selected from the ci^ aer-
vanta of the same Prendency.
Officers of the Indian army to be eligible as well as officers
of the British army to the offices of Commander-in-Chief and
commanders of forces.
The nomination of GoTemor*G^eral, Commander-in-Chief^
deputy-goTemorSy commanders of forces, members of ihe
Supreme Council, members of Preddency Boards, and geneal
officers on the Staff, to be made by the Home authorities. AU
subordinate appointments to emanate from the GroT^nor-
General or the Commander-in-Chief in India. The Oovem-
ment at home must be careful to leave inviolate to the
GoTemment in India the power of selecting its agents in the
administration of the country, and to limit the selection used
by us at present to persons duly qualified by local education in
the civil or military service of the State in India.
The Supreme (Government ought to possess the power of
controlling and directing the subordinate Grovemments in the
details of the internal administration of the several Presidencies,
whenever it may see fit to interfere, as well as in every other
respect. The Presidency Gbvemments, in short, to be thoroughly
subordinate ; to report Uieir proceedings to the Supreme Gro-
vemment, and to have no separate correspondence with the
Home authorities, unless to convey intelligence when it may
be useful for them to do so. Political, military, financial
affairs, legislation, and all general interests would come within
the peculiar province of the Supreme Government, which
would be the more efficient for its duties by being relieved from
the details of internal Presidency administration.
The ordinary seat of the Supreme Government might be, as
SEATS OF GOyfiBNlfENT. 177
at present, in CSalcutta, which is certainly the capital city of
British India. But if a centrical position be preferredi Saugur
offiars itself as nearly the heart of India. It would, however,
be inconyenient and expensive to make a new capital, and
centricality of position is of less consequence, as the Supreme
Government ought to have the power of moving wherever its
superintendence might be most required.
The subordinate governments also ought to have the power
of moving within the limits of their respective territories under
the orders of the Supreme Government. The seats of the
subordinate governments would be naturally at Calcutta,
Madras, and Bombay. Or if the seat of the Supreme Govern-
ment were at Calcutta, that of the local government of the
Bengal Presidency might be at Allahabad or Monghyr ; but
this arrangement would probably throw on the Supreme Go-
vernment the local administration of affairs at Calcutta, and
so &r diminish its efficiency for general government by involv-
ing it in internal details.
178 DEFSVOB €fr OX7B IHDIAV SKPIBE.
Mdiiavji mt( 9olititaI«
DEFENCE OF OUR INDIAN EMFIBE.
IMarck 6» 1830.]
[In the Mowing paper the peenliiir TiewB of Sir dmrles Metoalf^ reb-
tive to the dangen which, hi his eethnatioB^ at aU times threateDed the
aecority of onr Indian Empire, are suggested rather than eofoteed. These
opinions were not, however, enunciated in the spirit of an alaimiat ; but
solely with the object of resisting an undue tendency to reduction, in all
parts of the Indian Establishment, which was then manifesting itself at
home. There was nothing which he more consistently advocated throughout
the whole of his career, than the necessity of maintaTning the efficiency of
the army, as the only real bulwark of our strength.]
The Honorable the Court of Directors, in the 8th paragraph
of their letter of the 18th of February, 1829, have been pleased
to express a wish, that the grounds of an opinion, stated by me
in a Minute of the 25th of February, 1828, had been more
fully explained.
That opinion was to the effect, that our army in India is not
larger than what it would be desirable to retain could the ex-
pense be afforded.
With reference to the wish expressed by the Honorable
Court, I proceed to explain that opinion, and shall commence
by endeavouring to reply to the particular questions put by the
Honorable Court, and herewith entered in the margin.
BPnCOTS or ITS fiXTBKSION. 179
1. Ib ii tbit tlw L The measores of the 'i/Urqpk of Hast-
P^l^ niSS"^ "*8" ^■"^'^ entirely euoceflBftil in roppressing
G<mmiieat of i&e ^e predatory powers, and tranqmlliflmg
J*"^^^^.^**'^ CentiBl India, which were amoni? the prin-
baye ilEaJed to pro- . , * , -, , ^ '^
dnoe thor expected «I»1 »«"te expected from these measnres ;
resulti, and if so, hut ihe airangementa adopted for ihe com-
^^ pletion of those objects led to an increase
of oor anny. By occupying several sta-
tions in Bajpootana and Malwah, we created a demand for
additional troops, whidi our government was soon induced to
supply. We estaWiahed what may be termed a military police
throi^out Central Indiai with a view to maintain order in
countries belonging to foreign potentates. This system will no
doubt have advocates, and it cannot be denied that it has pro-
duced the tranquillity which was desired. Nevertheless I must
acknowledge myself to be of opinion that it was erroneous. I
consider the stations of Nusserabad, Neemuch, Mhow, and even
Kagpoor and their subordinate posts, to have been unneces-
sarily occupied as permanent stations after the^war of 1817-18.
We might have adopted another course. After suppressing the
predatory powers, and remaining long enough to see that otgect
fully accomplished, we might have withdrawn our forces within
our own frontiers; we might have exercised through our poli-
tical agents a general superintendence over the tranquillity of
Central India, preventing the several states from attacUng each
other, but also avoiding that minute interference which we
have since exercised, especially in Malwah, in the affiiirs and
internal police of every petty state. Instead of acting our-
selves as police oflScers throughout the country, we might have
required from the several states suitable exertions to keep the
peace by their own means, and we might have organised rela-
tions of mutual protection and subordination between the greater
and the minor states, where necessary for general tranquilli^.
Under such a system, we might have had occasionally to em-
ploy troops in Central India for the restoration of broken
peace, or the restitution of the rights of a weaker vidbted by a
n2
180 DSFEKGB OF OITB INDIAN EXPIBE.
stronger power, bat the permanent drain in our army, wliidi
now imposes on us a permanent increase of expense, would
have been avoided. Were I asked whether or not I think a
change to such a system still practicable and advisable, I
should answer that I do not conrider it impracticable, and am
not confident that it is unadvisable; but there is a great dif-
ference between avoiding and abandoning a system. Abandon-
ment is retrogression, which of itself is an evil in India, from
the sensation which it excites, and the impresnon^ with which
it would be attended, of diminution of power. Our system
has been established. The expense of stationing our troops in
Central India has been incurred: were we now to withdraw
them, the people would regard the measure as a retreat and
loss of power, and would be prepared for great changes.
Unless willing to abandon our supremacy, we should probably
at first have to act occasionally with vigor, and not without
expense, in order to maintain our power, and prevent general
disturbance. While, therefore, able to keep our army at its
present strength, it will perhaps be as well to leave our stations
in Central India untoudied ; but if compelled by absolute ne-
cessity to effect a large reduction of force, the question of dis-
pensing with those stations may very properly be taken into
consideration.
2. Is it that your 2. I am of opinion that this is, in some
^^JT^ " ^°* degree, the case. It has been too much our
distnbutcd ma way • r ..
the most favorable practice heretofore to disperse our army m
to its efficiency P single regiments, or small detachments, but
not so much so of late as formerly. Were we to have our regular
army brought together in large bodies at several chosen points,
and exercised in field operations; were we to have a cheaper
description of force for internal service, and to make more use
of our invalids, converting them into veteran regiments for
garrison duties, we might probably have a less expensive army,
and at the same time a more efficient one for field service.
But if any alteration of the distribution of our army were now
suggested, we ought to remember that it is an expensive
OUB SYSTEM OF QOVEBNMSNT. 181
affidr to bufld new stations, and is more expedient to avail
ouxselves of such cantonments as already exist.
S. Ib it that our 3. There is no doubt» in my mind, that
SSTi. wkS'JS: o" government is thoroughly unpopular;
pvbff with the na- but this is because it is a government of
*^1m«* ^ «q^e conquerors and foreigners, and not from
serve the inteinal objections to our system of government,
peace of the coimtiy? I do not mean to say that our system is
popular; but I am not prepared to show that any otfier that
we could adopt would be more so.
Our Indian Government has always labored to make our
system of rule palatable to our native subjects. Vaiious
changes have been adopted from time to time with this view,
and if any one could suggest any practicable improvement ob-
viously calculated to render our sway more popular, it would
no doubt be carried into effect. Our system differs from that
of native governments principally in our more elaborate
judicial and police establishments. Native governments of the
present day trouble themselves less to perfect such establish-
ments for the benefit of their subjects; but some have a system
handed down to them from their predecessors, which works
perhaps more efficadously than our own. Were I asked
whether the increased happiness of our subjects is proportionate
to the heavier expense of our establishments, I should be
obliged to answer according to my belief in the negative ; but
it may not be so easy for us, as for native governments, to
dispense with expensive judicial establishments. Every day
we are called on to increase them. To retrace our steps is
difficult and might be exceedingly injurious. The probability
is that we must go on to further expense. Every improve*
ment of British India, connected with the establishment of an
European population, will render the administration of justice
more expensive to the State. The most costly part of our judi-
cial establishment is the King's Court ; and the greater the
necessity for English law, the more expensive will our Pro-
vincial Courts become. It ought not to be an objection to our
182 BJBVJBMOB OW QUE IHDIAN EXnfiE.
0yglem of govenuaent that its chief rhmmeiim^, at duftui-
guishing it from that of nadve rule, la the outky of a giealer
portion of the publio xevenae in oider to fuziiiflh jostioe to our
aabjeots. WheD* therefore^ I admit that we do require a large
anny topmenre the peace of the countzy, I asciibetfiiflnecGMitj
not to our ayatem of government, but to the eaoBtence of our
govenuneni We aie foreign oonqueroni^ agunat whom the
antipathy of our native aubjeota naturally prevails. We hold
the oountrysolely by force, and by focoe alone can we maintMn
it. It is not that the internal peace of our own countiymi^t not
poaaibly be preaerved with a smaller army, but we must be at
all times prepared to oope with foreign hoatility and internal
diaa&otiony and unleaa we have the means of subduing both,
our rule must be very precarious.
A. b ft thai oar 4. In all ihese reapects we am much the
ttdStheocmditioM ""® *» '^^ ^^ always been. The strength
neoeasaiy to the en- ofour army has been Ihnited generally by our
idCd*^^!^;^ nflOMritiea. We have nttintttiMd omUy
aitionr ThatwebaTe as great a force as we could pay, not hold*
iSrSZL^ iagth.ttobetooin«oh,or«ren«Qough.
in oar appr^enaioiia but wanting means to entertam more. I
of danro. nicer in believe thia to have been the only aoale by
our oalcDJations of , . , - . , ^ , , ,, •'^ ^
the means of avert- which hitherto we have been able to r^ur
^^•^"^tiOTa late the extent of our army. At no period
Botds^ less fertue in ts^i^^ I <^<^^ ^ Lidia has the army been
resoiuo^, or less reduced on any other ground than ^e ne-
conndent in them, -^ /• j • a^
andinounelTes? cesaity of reducing our expenses. At njo
period has the belief prevailed that our
force exceeded the exigencies of the vast empire under our
control At no period has reduction been efiected without
apprehension in ihe minds of men of local knowledge and ex*
perience, and especially those who have seen most of foreign
native states, that we were incurring a risk which ihe necesnty
of the case alone would justify. After every war, reduction
has been effected; but instead of continuing reduction through-
out the state of peace, we have had recourse to increase, under
NBOBflBITT OW AS EVVIOIEHT ASXT. 183
an ihnittflci aceecflity, Iwfare the oocunence of another war.
The fame neoearitjr which has hitherto fimited the extent of
onr Mrmy, must eontbuie to do so. We cannot keep what we
cmnot pay; and must enoonnter haaaards, rather than allow our
escpenditiire contbmaBy to exceed onr income. But if any one,
wdl acquainted with the state of India, and competent to discern
the accidents to which we are fiable, were now to draw up a
statement of the force rieqnxied for the maintenance of our
power, without reference to financial difficulties, the probability,
the certainty periiaps I mig^t say, is that he would fix it at an
amount exceeding what we have. What Gommandeo>in-cfaief
has ever pronounced the Indian army more than adequate, or
has not repeatedly mged thenecenty of increase or the inexpe-
dieocy of reduction? What government has ever reduced the
army finxn any other motive than financial necessity? It can-
not justly be supposed, that this universal feeling proceeds ficom
a wanton desire to increase the army without cause. Who that
is acquainted with the state of India does not at this moment
fed that we should be ihe better for more European troops^ if
we could a£R3fd to pay them? The time has not yet come,
and probably never will come, when we can limit our military
force in India by any otiier scale than that of our pecuniary
resources, beyond which it would obviously be folly and ruin
to attempt to maintain an army permanently, although in time
of war, and during emergencies, it may be unavoidable.
5. If there are *' I ^^ ^^o* ™®Wl *0 ^^^B^™® *^* *^® ^ *^
canseB, wlietber of be no difference between a war and a peace
^^a^T^ZrF^^ establishment in our army in India. There
nent operation, wmcn , x u -n i.
render it unsafe, or always has been, and naturally ever will be,
in aay rnpeet inex- ^ considerable difference. At the end ci
pedientk to maintain . i
somewliatsimflarpro- every war we reduce our army as much as
poftioDt between a geems consistent with safety. Since the
war and peace esta- , • « •» i . vi j r
bKshment in India lart war, m the Bengal army, one-third ot
whidiarensoallvob- our regular infantry, one-fourth of our re-
SfSiol*^itL^ gnUr cavahy, one-half of our irregdar
vnable &at the na- cavalry^ and one-fourth, I think, of our
184 DEFBNCB OF CUB INDIAV BKPISB.
tare of radi peon- foot artillery, baye been reduced, ezdnavv
g;;^,ta°;S.J^ of reduction, of lood«idp»Yincbl««p,
pUinciS and otber charges. NererftbeleflB there axe
peculiarities of pennanent operation in obi
Indian Empire which widely distingnish it fiom any European
state. It is an empire of conquest, and the hearts of the people
are not with us. We must be prepared to meet sudden war&re;
we must be able to oppose external enemies and to maintsia
internal subjection. From the people we can derive no aid.
We can have no militiai no conscription^ no press, no Tobmteer
corps, no levy en masse in our fistvor in a case of emergency.
Reinforcements from England might arrive too tardily.
Recruits raised in India could not be manufactured into soldien
soon enough. Our native army is composed of mere mer-
cenaries, and must be trained for war before the exigeacy
arises. There is another peculiarity in our rituation* We
cannot reduce our army by regiments, that is, we cannot
disband our officers and put them on half-pay as in Europe.
No officer could be condemned to live on half-pay in the
climate of India. The hardship, we know, is severe even in
Europe. We cannot, therefore, raise a number of regiments in
time of war, and disband them in peace. The full charge of
the officers at least must be permanent; and although they
might by degrees be absorbed in other regiments of the annji
even that arrangement would be found very disheartening to
the wbole body. It would not be difficult to establish as a
system, that during war none but temporary regiments should
be raised, and these might be assigned to internal duties,
having no officers permanently posted to them, and not above
three to do duty with them; but we have always been without
any system long in operation, because our government is con-
tinually changing. The system of increasing our army has
been the only permanent one, for in that the whole army has
always been interested, and no one has been able to deny the
necessity. But the predominating cause which makes it im-
possible with safety to place our army on a very low peace
CAU6BS OF INCBBA8SD KILITABY FOBOE. 185
estaUiahment, is tlie precarioosnefls of our eodstenoe aa a power
in India if we relinqiiiah the means of wiftititftining awe among
oar aabjectSi as well as among foreign states, through the
influence of a military force believed to be irresistible. Without
this we should myite opposition, hostility, and insurrection,
which, if sucoesBful, might spread like wildfire, and rapidly
involTe our whole Indian Empire in conflagration and destruc-
tion. The maintenance, therefore, of the largest army that we
can afford to pay is perhaps the most economical system that
we could adopt.
The surprising circumstance that our armies have increased
as our enemies haye been subdued, may be accounted for in
scTcral ways:
1. In time of war we have increased our force, and at the
end of it we have found ample employment for a portion of
the increase.
2. Every successful war has extended our territory and the
sphere of oui* superintendence, and caused a necessity for a
larger force to cover a space more widely spread.
3. A successful war has sometimes brought us into contact
with new powers, of whom we pteviously took no notice, but
by whom subsequently the extent of our army has been
influenced always towards increase.
4. Hie increase of resources attendant on successful wars has
encouraged us to maintain the increased force of which the
necessity has been admitted.
5. It may be added that the increase has been found neces-
sary sometimes when there has been no increase of resources to
meet it, the necessity arising out of the character shown by
the enemy in the preceding war.
Instances may be adduced of the operation of these various
causes. After the destruction of Tippoo and the revival of the
Mysore state, we furnished a force to be stationed in the
Mysore territories. The completion of our alliance with the
Nizam increased the forces to be maintained in hb dominions,
and caused troops to be posted in the ceded districts. Our
186 DBmCB OF OUB JXDIAM BKPIBS.
ftUkaee with the Feuhwa in 1802 eanied a wabddiuj tone to
be statJaiMwl penaaneiitly in hie tenitocief. Oar allkiioe intfa
the Gnickowar had ft mmilar eSbet The moeeiB of the war of
180S, 1804, 180fi| and 1806, eaoied ns to ooenpy aevenl
miUtary statiosis bejond the Jamna^ and hroni^t ns islo
oontact with the Sikhs, the Bajpooti^ and the Jaoti^ all wailike
tribes, between whom and our firaotier the Mehratta poaea-
riont before intenrened. The negotiationa of 1808 and 1809
bron^ the Sikhs between the Sutkg and Jumna nnder oar pro*
tection, and carried our military frontier to the Sntlej. Then
the power of die mkr of Lahore in immediate eontaoi with ns
becttue a new object of oar Tigihmt attention and prooan-
tion. The Goorkha war in 1814, 1815, and 1816, made na
acquainted with a fennidable power, whose military strength
was pie^iooBly unknown and ^gr^oosly underrated. Then,
for the first time in India, we had recourse to superiority of
numbem to overpower the bravely and discipline of our enemy,
oomlnned with the natural adTsntages of his defenrive poeitiona.
At the close of that war we occupied the conquered HiU
Provinces with new troops, andhned our fifontier on the plains
towards Nepal with military stations. Our treaty of alliance
with Nagpoor rendered it neoesnury to supply a subsidiary force
for that state. The war of 1817, 1818, and 1819, led to the
military occupation of Bajpootana and Malwah, induding the
Saugur and Nerbudda territories, and caused the occupaticm of
four additional large stations, as well aamany of a smaller dass.
The Burman war, by the acquisition of Assam, Arrakan, and
the TenasBerim coast^ has been attended with fresh calls lor
troops. Until within the last few years our eastern frontier
required only a native battalion, of which one wing was posted
at Dacca and the other at Ghittagong. Let this force be com-
pared with that which now occupies the same frontier, including
our conquests from the Burmans, and the di&rence will show
the manner in which our army increases by success. On the
Bombay ride of India most of our principal military stations
have been formed smce 1802, and we have by degrees brought
rSBMANmiT 1HCBBA8B OF VOBCB. 187
oiiibq1t80 in oontBct with Siiid^ and nanowly escaped a war
with that power, wliich, liad it taken place and been snccesBfiil,
would baYe involved ns in new relations and. required more
troope. The Bombay army has been greatly inereaaed since the
war of 1817 and 1818, which can only be explained by ihe
admiffiion that expansion of dominion reqnires extension of mili*
taxy ooenpation; fiir otherwise, as the conquest of thePeishwa's
tenitoxy did not bxing the Bombay Government into contact
with any great power whose hostiEty m^ht be dangerous,
there would not, primd fack^ have seemed to be any reason
text the increase of its army. Neither was the Bombay Go-
veanment tempted to this increase by any superfluity of re-
sources; for great as has been its acquisition of territory by
the PeUiwa's downfidl, there is an immense deficit in its income
below its expenditure. Some supposed necessity must have
existed, of which the local authorities must be held to be ihe
beat judges^ for an increase which, in ordinary calculation, at a
dbtanoe, would not perhaps have appeared to be either necessary
or expedient I am not, for my own part, arguing that the
Bombay army is too large for what it has to protect. I doubt
whether, as a separate army for the service of its own Presidency ,
it is large enough. But it is possible that our army has been
sometimes unnecessarily increased^ owing to our having separate
presidencies, separate governments, separate armies, and sepa-
rate ocHnmanden, when any actual exigency might have been
provided for by a suitable distributicxi of the armies of the
Presidencies, as if they had been one, for the general service of
Every war has led to a permanent increase of our army.
Sometimes our conquests have furnished resources for the pay-
ment of that increase, sometimes not. If we had only external
enemies to think of, the advance of our military frontier would
not necessarily be attended with an increase of force. Our
stations would in that case be removed from ihe old to the
new firamtier. But the whole of our territory being a con-
quered and hostile country, we cannot affiird to leave bare that
188 DSFBNCB OF OUR INDIAH EXPIRE.
which lemains in out xear. In 1803 our great military siRtioDs
in the North- Western Provinces were on the Ganges. In 1806
they were advanced beyond the Jumna, but we conid not le-
linquiah our stations on the Ganges. Gawnpore renudns to
this day one of our krgest stations. In 1809 our militaiy
frontier was advanced to the Sutiej, and Meerut^ and sabse-
quentiy Eumaul, became large stations of tiie headHjuarters of
generals of division, with reference to the importance of tiie
nortii-west frontier; but we could not abandon the stations of
Agra, Muttra, and Drhlee, formed in 1806 witii a view to the
powers of Central India^ and these are still connderable stations,
although since 1817 Caitral India has been in a great measme
occupied by our own troops.
It is not my intention to argue that every station at any time
occupied has been indispensable; but it is evident that it has
been so considered, at the time of its formation, by competent
authorities. Lord Lake advanced our stations to the Jumna.
Sir G^rge Hewett made Meerut one of our prindpal stations.
Sir David Ochterlony and Sir John Malcolm formed our sta-
tions in Rajpootana and Malwah.
Among the causes of increase in our army, it is evident that
we require more men to do those things that could formerly be
done with less. While we have been extending our dominion
in India, several military powers have arisen, several disciplined
armies have been formed. At first our discipline operated like
magic; but the native powers have learned the art fiom us;
and although we retain our superiority, it is not in the same
immeasurable degree. Sindia's formidable force of disciplined
infantry and artillery, as well as that of other Mahratta powers,
was created after the establishment of our power in India. It
was defeated by Lord Lake and by the Duke of Wellington,
but not without hard fighting. It is probable that the army
which won the battle of Plassey would have been overwhelmed
at Assye. The Goorkha is another purely military power,
which has got up and formed an army admirably disciplined in
imitation of ours, without foreign aid, and thoroughly national^
POWEB OF THE KATIYE 8TATE8. 189
and this entirely smce our goTenunent was established over a
great portion ot India. About 1770 we sent five companies of
SepoySf under a captaiui on a hostile expedition into the
Nepal country. They took and kept possession of Mukwan-
pooT and Etounda, and nothbg dared to oppose them. The
Gk)orkha Government was not then established in Nepal.
Were we to send five companies into Nepal now for any hostile
purpose they would instantly be annihilated. To war with
Nepal in 1814 and 1815 we employed forty thousand men, and
in several instances failed. For the purpose of forcing an entry
into Nepal Proper in 1815 and 1816, which we failed to ac-
complish in 1814 and 1815, we had sixteen thousand men,
including several European regiments, under our favorite
general, and then the entry was efiected, not by any attempt to
force the passes that were defended, but by a wise and fortunate
experiment, which must, however, have failed had it been
opposed, owing to which we turned the enemy and gained a
footing in the mountains by a surprise. Many more improbable
revolutions have happened than that. The Ooorkha power
may some day lord it over the plains between the hills and the
Ganges in consequence of our downfall, whether promoted by
them or produced entirely by other causes. The power of
Runjeet Singh, the ruler of Lahore^ is another which has
greatly advanced since we came in contact with him. In
1806 I was sent on a mission to his capital, not to him,
although he was there, but to JesWunt Rao Holkar, who was
encamped in the neighbourhood, and Runjeet Singh was then
comparatively so insignificant that he was not noticed in the
instructions that I received. His power, his army, his re*
sources have firom that time to this been continually on the
increase; not the Punjab alone, but Cashmere, Mooltan,
Attock, Peshawur, and many other conquests of inferior note,
have been subjected to his dominion: and if it were necessary
to attack him, we should have to put forth our utmost strength.
We should certainly use a greater force than we brought
together in 1809, when a war with Runjeet Singh seemed pro-
190 ]>sn&HOE ow ODB nrDiAir ^ainxB.
baUe, and we should do to with good roMon, ■• Ub poiper hat
vudj increMed* We should, beyond doobi, emploj ft Iftiger
anny than that with which Ix)]d Lake ftdvaiioed into Ifae Pimj^
whoi he had the probable prospect of contesting with Holkar
and Runjeet Singh united. Bunjeet Smgh has imitated the
Mahiattas, and has his tioops discipfined by EurapeansL For
obvious reasons he has pcefisEied Fienofamen and oUier fineign-
en to BngHshmen.
It is probably owing to a combinatioii of the several canses
stated, but whatever be the cause, it is maniftut from all past
eiqMrienoe that calls are oonstanily made at most of our stations
for an addition of forces while no one of eiqieneooe can be found
to say that what we maintaiH| on tfae*whoIe, is saperflnoosL
That it may be beyond our means is another a£Eur, and if
that prove to be really the case, security must yield to neoessty;
and it will become the duty of our local governments to
consider how, with the least injury, our army can be reduced
within the limits of our resources. But this is the hut of our
establishments that we can wisely reduce, and every other de-
partment ought first to be subjected to every posnble retrench-
ment.
It is of course almost impossible to say that a certain number
of regiments are indispensable, or that a certain number are
sufficient; but while it is doubtfiil that the force which we have
is sufficient, there seems to be no better criterion for regulat-
ing its extent than the amount of our resources. It is to be
lamented that any permanent increase was ever admitted
without a strict calculation showing that our means were com-
petent to maintain it; which being shown, that oNnpetency
ought not to have been allowed to be counteracted by increase
of expenditure in other departments. This predaon, carefully
attended to at all the Preddencies without deviation^ would
have kept our expenditure within our income, ai^^i would have
saved us Isom the embarmssment which we at present eaSex
from the necessity of reduction^ and the difficulty of fw>lf^tiT!g
the proper objects for its acoono^lishment.
C0JI8I1TUTI0H OF THE IKOLUT ABMT. 191
OONSHTUTION OF THE INDIAN ABMY.
[1% 16, 1835.]
[In this Ifinnte, irritten after Kr Ghorles Heiealfe had assumed fhe
GoTeraar-GcBenlsliiis the qmiions nlatife to the maceanbj of our Indiaa
Empin^ ^aneed at m the pieoeding piqper, are emphatioaUy aiid 1^
dfidaied. Lord William Bentinck had spoken more lightlj of thesedangers
than the Indian dvilian oonld ooncdye to be justified bj a reference to
all the circiunstances of onr actual position ;* but he had seen peril where
Metcalfe could not see it, in the enlightenment of tiie people. The passage
at page 197, rthUrt to the diffiision of knoirledge, irill be read With no
ooBiman pleasue.]
The Right Honorable the late Oovemor-Geiieral^ in a
nunute dated the I3th March, has recoided his sentiments
regarding the composition of the army of India, and the method
to render it more efficient.
In the commencement of that Minute his Lordship has
entered on the question of the danger of our position in India,
and although he has, I think^ underrated it in some respects,
the sum of his remarks tends to show that we are in such
danger as is incalculable.
* There is no oarallel of this in of onrpooition* Lord Wellesley and
the antecedents of Indian history. Lord Minto were much more sen-
It 18 oommonlj the home-bred states- siUe of danger than Sir John fihoce
man who is most alive to the dangers or Sir George Barlow.
192 COKSTITUTION OV THB INDIAK ABMT.
His Lordship is of opinion that there is no danger £pom
native powers, because there is no chief with any semblance of
military force; but this cannot be said of Runjeet Singh, nor
of Sindia, nor of the Goorkhas (a nation of disciplined
soldiers), nor of Holkar, nor of the Bunnansy nor of many
other powers, who, in a greater or less degree as to each other,
haye all the materials of military force according to their
means, of which we might be made aware very speedily if
there were any fiiTorable occasion for its display against na.
We must not imagine, because we are now at peace and appa-
rently invincible, that there is no military power that could be
arrayed against us in the event of troubles and disasters. The
difficulties that we had to contend witb^ and the exertions that
we were compelled to make, when we had the Goorkhas and
the Burmans singly to combat, ought to satisfy us that we may
again be involved in embarrassments which would add greatly
to the moral strength of every power in India disposed to
enter the field as an enemy. Except the mental efiect, which
may or may not have been produced by our ultimate success in
our former wars witli these powers, they are as strong as they
ever were; the Goorkhas, I believe, stronger, owing to their
incessant attention to the perfection of their military efficiency,
and to the admirable system by which every man in the nation
is made a disciplined soldier. It may be said that they cannot
cope with us in the plains, and single-handed; if we could
bring all our resources against them, they most probably could
not. This would not, however, be from any want of energy or
of discipline on their part, but from our superiority in cavalxy,
artillery, and every other arm; in some respects in skill and
efficiency, in others in numbers. But neither have we any
right to expect that the war would be single-handed, nor can
we calculate on its being carried on in the plains. We must
be prepared for an offensive war, in which the Goorkhas would
have all the advantages of their mountains, and our difficulties
be accordingly increased. A merely defensive war would be
to us nearly the same as a defeat. It would be a change, and
I'OWEB OF THE KATIVE STATES. . 193
an evidence of weakness which our power could hardly survive.
It IS not, therefore^ enough to say that one poweir, single-handed,
is a match for us. We should hot be here, if any werie. The
question is, can we conquer them all at once? for the power to
do that is necessary for our safety.
Our danger does not lie in the military force alone of
native states, but in the spirit by which they are actuated
towards us; and still more in the spirit of our subjects from
one end of India to the other. We have no hold on their
affections; more than that, disaffection is universal. So that
vrhat to a power supported by the affections of its subjects
would be a sUght disaster, might to us be an irreparable
calamity. The little reverse which we met with at Ramoo, in
the Burman war, sounded throughout India like our repulse
at the first siege of Bhurtpqre, magnified and exaggerated as
if it had been our death-knell. The Commander-in-Chief was
said to have been killed, and the Governor-General to have put
an end to himself in despair by swallowing pounded diamonds.
Ramoo became so celebrated, that although the place is an
insignificant one in the district of Chittagong, in our own ter-
ritory, never before generally heard of, the word is now used
by the natives as the name of the Burman Empire, or of any
place to the eastward beyond sea ; and an idea of something
formidable and dreadful is attached to it
Some say that our empire in India rests on opinion, others-
on main force. It in fact depends on both. We could
not keep the country by opinion if we had not a considerable
force; and no force that we could pay would be sufficient if it
were not aided by the opinion of our invincibility. Our force
does not operate so much by its actual strength as by the im-
presfiSon which it produces, and that impression is the opinion
by which we hold India.
Internal insurrection, therefore, is one of the greatest of our
dangers, or, rather, becomes so when the means of quelling it
are at a distance. It is easy to decide it, because insurgents
may not have the horse, foot, and artillery of a regular army;
6
194 coKSTinmoK of the ihdiav abut.
bat it becomes seriooa if we haTe not thoie mtteriah at hand.
Nothing oin be a ttranger proof of our weekxMflB in the abeeaoe
of a miHtaiy fcioey even when it is not far removed, than the
history of snoh insimeotionB as hare occoned. The oivil
power and all semblance of the exislenoe of our govemment
are instantly swept away by the torrent. We need not go &r
back to show that in the neighbourhood of the metr(^K>Ii8 of
British India, within a forced march from one of the kigest
of our military stations, our government wss subverted through-
out a considerable extent of territory; our magistrates, with all
the power that they could collect, driven like chaff before the
wind, and an insurrectionary authority established by a handful
of mai proclaiming the overthrow of our dominion, and the
establishment of a new dynasty in the person of the leader of a
band of ftnatics. This state of things continued for several
days, until the iosunection was suppresBcd by the application
al military force, without which it is impossible to say to what
extent it might have proceeded, so completely were the in-
surgents masters of the neighbouring country. As the spirit
of insurrection is catching, this affiur wss soon followed by an
insurrection of the Dangur Colefl^ a race previously orderly and
submissive, and remarkable for industrious and kborious habits
out of their own country. No sooner had insurrection broken
out than it spread like wildfire. Not a Cole in the country
was free firom the infection. All the inhabitants of other
descriptions, the Rajah and a few chiefi excepted, who had
strongholds or military means for their protecticm, were mas-
sacred or expelled. The officers of our administration and
every sign of our govemment quickly disappeared. For a
long time all the force that could be found on our part was not
only inadequate to suppress the insurrection, but» although in
able handsi could hardly resist it, and could not prevent its
spreading, or do more than check it at one point. It required
several months and a large force to put down this insurrection;
but that of the Chooans, another wild race, soon followed, whidi
baffled the first force and the second force employed, and k^t
us engaged for many months also before it wss extinguished.
BsAKaKB OF INTERNAL BEVOLT. 195
Had all theee kaonectionfl happened at once, or aay of them
at a time when we oonld not hare bEought troopB against them,
they might haTO been exceedingly embarraadngf and the extent
to which they might have proceeded, or the danger with which
th^ might haTo been attended, cannot now be calculated.
These things happened in oomitries which had been long under
our dominimi; and although able reports have been written as
to the causes, they hare never to my mind been satis&ctoiily
explained, according to any motives or expectations by whidi
men would rationally have been guided under the circumstaaces
then esdsting. In each case, in my opinion, the actual cause
was habitual disafibction, operated upon by the spirit of insur-
rection, excited by false notions that the time was favorable for
success. The allied causes elidted by investigation, if they
were causes at all, were merely sparks applied to combustibles
previously existing.
I have noticed these circumstances at the risk of repeating
what I have probably said more than once on former occasions^
because the prevalent disaflfection of our subjects, the uncer-
tainty under wkaeh we hold any part of our Indian possesdons,
without the presence or immediate vidnity of a military force;
the utter inability of our dvil establishments to stem the torrent
of insurrection, their consternation and helplessness when it
begins to roar, constitute in reality the~ greatest of our dangers
in India; without which a Rusoan invasion, or any other in-
vasion, might, I doubt not, be successfully met and repulsed.
The authority of the late Governor-General, in deriding in-
ternal disaffection and insurrection, as if they were quite con-
temptible, must have great weight, the more because it will be
gratifying to our rulen to see such opinions supported by such
authority. Diffoing totally from those opinions, I think it
necessary to appeal to fiusts of recent occurrence. What hap-
pened in the Baiasut, Bamghnr, and Jungul Mdud distcictSt
may happen in any other part of our country, wiihout any
other cause than the disaffection already existing everywhere.
Persons unacquainted with our position in India might
02
196 CONBTITUTIOK OF THS INDIAN ASMT.
throw m our teeth that this disaffection is the oonseqiieiiee of
bad govemmenti and many among us, connecting the two ideas
toge^er, are reluctant to credit the existence of general dis*
affection. But this feeling is quite natural without any mis-
government Instead of bring excited by our misrule, it is, I
believe, in a great d^ree, mollified by our good government
It exists because the domination of strangers — in every reqiect
strangers — ^in country, in color, in dress, in manners, in habits,
in rdigion, must be odious. It is less active than it might be^
because it is evident to all that we endeavour to govern wdl,
and that whatever harm our government does proceeds fiom
ignorance or mistake, and not from any wilful injustice or
oppression.
Although Lord William Bentinck appears to desfnse the
dangers of either foreign foes or internal insurrection in India,
his Lord^ip admits some things which are quite sufficient to
show that danger exists. He admits that we have no hold on
the affections of our subjects; that our native army is taken
from a disaffected population; that our European soldiery arc
too few to be of much avail against any extennve plan of in-
surrection. This is quite enough, and more than I have
hitherto alluded to; for it is impossible to contemplate the
possibility of disaffection in our army, without seeing at once
the full force of our danger. As long as our native army is
faithful, and we can pay enough of it, we can keep India in
order by its instrumentality; but if the instrument should turn
against us, where would be the British power? Echo answere,
where? It is imposmble to support a sufficient army of Euro-
peans to take the place of our native army.
The late Gbvemor-Greneral appears also to adopt, in some
measure, the just remark of Sir John Malcolm, that ^' in an
empire like that of India we are always in danger, and it is
impossible to conjecture the form in which it may approach."
This sentiment expresses the reality of the case in perhaps
the truest manner, and I will not longer dwell on this part of
the subject
DiUraEB OF IKCBBASED ENLIGfiTfiKMBNT. 197
His Lordship, however, sees further danger in the spread of
knowledge and the operations of the Press. I do not, for my
own part, anticipate danger as a certain consequence from these
causes. I see so much danger in the ignorance, fenaticism, and
tmrbarism of our subjects^ that I rest on the spread of know->
ledge some hope of greater strength and security. Men will be
better able to appreciate the good and evil of our rule; and if
the good predominate, they will know that they may lose by a
change. Without reckoning on the affection of any, it seems
probable that those of the natives who would most deprecate
and least promote our overthrow, would be the best-informed
and most enlightened among them, unless they had themselvesi
individually, ambitious dreams of power. If, however, the
extension of knowledge is to be a new source of danger — and I
will not pretend confidently to predict the contrary — ^it is one
altogether unavoidable. It is our duty to extend knowledge
whatever may be the result; and spread it would, even if we
impeded it. The time is passed when the operations of the
Press could be effectually restrained, even if that course would
be any source of safety, which must be very doubtful. Nothing
8o precarious could in prudence be trusted to. If, therefore,.
increase of danger be really to be apprehended from increase of
knowledge, it is what we must cheerfully submit to. We
must not txy to avert it, and if we did we should fail.
His Lotdship considers our greatest danger to lie in an
invanon from the north-west, led by the Russians. He sup-
poses a force of 20,000 Russian infantry and 100,000 Asiatic
cavalry to have arrived on our north-western frontier. Sup-
posing such a case, with the time which we should have for
preparation, we ought to be able to give a good account of
the Russian infantry; eadly I should say, if there were no
danger of internal insurrection at such a crisis. The 100,000
cavalry it would be more difficult to manage, from tiie impos-
sibility of collecting an equal force of that arm. But is there
no impossibility of collecting such a force against us? I doubt
the practicability of assembling such an immense body. Are
IM COK6TITUTIOK OV THS IXPUOf
•11 to be on one nde? la there to be no hostilitj to die Bos-
nana in their piogreas? Is ereiy chanoe to turn up in thdr
£iT0r? If it were poisible to collect such ft foco^ how is it to
be fed end supported? At whose cost? Not ftt that of Basu
or any other power, that being utterly imprscticahk from want
of means. Solely then at the cost of ^e countiiea through
which it had to pass. If this were posnble, it would at least
destroy those oountriee^ and the Busaian infimtiy would be
starred to death by the operations of its allied caTalry. All
qieoulations, howerer, rq;arding our military defence against
a Busnan inrasion may be sa&ly postponed until we know
more on the subject. It cannot come on so suddenly as to
pcevent preparation to the utmost extent that our resources will
allow; and preparation for such an event must be on a much
larger scale than any that our means could afibrd without the
immediate approach of the events or for any length of time.
Beserving suitable measures until we have reason to apprehend
that we shall have to meet this danger, we have, in the mean
time, without reference to such a course, amj^ reasons for
putting our army on the most e£5cient footing, and for in-
creasing it to any extent that our finances will bear. The
measures proposed in the late Gbvemor-General's minute,
appear to me to fidl far short of w:hat would be requisite at
the cxisifl which he contemplates.
Gonsideiing the possible disaffection of our native army as
our only internal danger, and the want of physical strength and
moral energy as rendering them unable to contend with an
European enemy, his Lordship proposes that the European
portion of our army should be one-fourtii, and eventually one-
third, in proportion to the strength of our native army. He
contiders tiiis as requiring a force of 30,000 Europeans in
India. In the expediency of having at least this force of
Europeans, even in ordinary times, I entirely concur ; that is,
if we can pay them. But the limit to this, and every other
part of our force, must be regulated by our means. If we
attempted to fix it according to our wants, we should soon be
OVFIOBSINO OF THB ABHT. 199
witlwot the means of maiBtaiimi^ Tluity thoosand
Boropean troops would be vastly inadequate for the puzpoae of
mooting the ima^ned Roasian invaflioni for we should more
zeqiiire iSuropean troops in the interior of India at that time
thaa at any other. To have our anny on a footing calculated
for diat event is impossible. Our army cannot well be greater
than it is, owing to want of means. It cannot well be less^
owing to our other wants. Such as it is in extent, it is our
duty to make it as efficient as we can, with or without the
proq>ect of a Russian invasion; and this is the only way in
vrhich we can prepare for that or any other distant and un-
oertain crisis. On the approach of sudi an event we must
have reinforcements of European troops fiom England to any
amount required^ and we must increase our native force accord-
ing to the exigency of the time. We could not long exist in a
state of adequate preparation, as we should be utterly ruined by
the expense.
In order to raise our European force to the proposed number
of 30,000, of which 20,000 are to be infantry and 5000 cavalry,
an addition would be required of 10,000 or 12,000 to our
actual force. The increase of expense would, of course^ be
great It is an increase to which I should not object, for it
may be of vital importance, if we had the means of meeting it;
but we have not And this is the difficulty which opposes us
in every attempt at improvement.
In order to provide in some degree for this additional
expense, the late Govemor>General recommends that a cap-
tain* be struck off from every regiment of the native anny.
Having, in another minute, proposed the reduction of two
subalterns in every regiment, to meet some other expense, his
Lordship now recommends the abolition of a captain to meet
this. If every additional charge is to be met in this manner,
what will become of our native army? I cannot reconcile my
mind to these proposed reductions of the European officers of
that force. They are the life and soul of it. And to avow
the necessity of increasing the efficiency of the native armyi
StOO cokshtution of ths indiam ABinr.
and in the Bftine breath to adrocate the expediency of redaciiig
the Eozopean officera, appears to me to be an iuiacooimtri)k
inconsbtency. This proposition is aooompanied by another
for increaong the number of rank and file in every natiTe
raiment to 1000. This latter measure is highly derirable;
but| like every other good proposition, impracticable from the
want of means.
Lord William Bentinck maintains the opinion that tlieie
are too many European officers with the native army, or that
there is no necessity for so many. From what I have said
above it will be seen that I cannot concur in that opinion. If
we were to regard our native army as mere local corps, for the
support of our civil administration in internal government, we
might reduce the number of European officers; but we cannot,
I conceive^ do so, while we expect firom the native army the
efficiency of real soldiers against all enemies in the field, Euxo-
pean or native. We must not reduce the number of officers
who are to lead them to the charge, and on whcse energies
their discipline and spuit depend. In any future necessary
increase of our native army, either temporary or permanent, it
might be well to see whether internal tranquillity and order
could not be sufficiently preserved by corps partially officered,
as local corps now are, and former levies have been; but with
respect to any kind of regular force intended for field service,
requiring the aid of perfect discipline, the absence of European
officers would be a deplorable and, perhaps, fatal deficiency.
To think of the occasion when our native troops may have to
be led to the charge of Russian batteries and bayonets, and to
propose at the same time to take from them their European
officers, are incongruities which one cannot understand.
The late Governor-General condemns our Indian army, in a
sweeping sentence, as being the most expensive and least
efficient in the world. If it were so, how should we be here ?
Is it no proof of efficiency that it has conquered all India ?
Is it no proof of efficiency that India is more universally tran-
quil owing to our Indian army than it ever was under any
PBOFOSED ABOLITION OV THE BOMBAY ABMT. 201
native goyemment or governments that we read of? If our
Indian army be so expensive, why do we not employ European
troops alone to maintain India ? Why but because Europeans
are so much more expennve that we could not pay a sufficient
number? If our Indian army be so inefficient, why do we
incur the expense of making soldiers of the natives ? Why do
we not entertain the same number of imdiscipUned people who
would cost much less ? Why but because then we should
lose the country from the inefficiency of our native force ? If,
therefore, the Indian army be preferable to an European force
on account of its cheapness, and to other native troops on
account of its efficiency ; if we cannot substitute any other
force cheaper and more efficient ; how can it justly be said to
be the most expensive and least efficient army in the wprld ?
It enables us to conquer and keep India ; if it performs well
every duty required of it, hard work in quarters, good service
in the field, how can it be subject to the imputation of in-
efficiency ? The proof of its cheapness and of its efficiency is,
that we cannot substitute any other description offeree at once
so cheap and so efficient.
One important measure proposed by the late Governor-
General is the entire abolition of the Bombay army, and its
union, half to the Bengal, half to the Madras army. I am
not aware of any advantage to be derived from this measure,
except the saving that might be efiected by the abolition of
the portion of the staff which would cease to be necessary
when the Bombay army ceased to be a separate army ; but I
can hardly think that this advantage would be sufficient to
make the measure desirable. It would, I imagine, be a source
of great discontent to the whole of the Bombay army, and of
gratification to no one. If there were sufficient reasons for
uniting all the armies of the several Presidencies in one, which
I apprehend there are not, the Bombay army would share the
fate of the others, and all would be amalgamated ; but while
there are separate armies, and separate presidencies, I cannot
see any sufficient motive for the abolition of the Bombay army.
202 CONSTITUnOM OV THX IHNAH ABKT.
•ad the mfliction olibe woond wUdi woold thoebjr be ghra&
to the feelingi of that body, and of the whok •ernceof that
Fkendency. For aogfest a change tome Teiyimportnt benefit
ought to be ihown, whieh is not at pieaeiit vmlie. Tbe
amount of oonaeqaentiediiclion of eKpenaehasaotbeenilitedy
and irould probably be insignificant oompazed with thefnagni^
tilde of annoyuioe»
The junction of the Gej^ focoe with that of India appean.
for unity of poweri to be dentaUe; but while the Govemment
of Geykm is distinct there will probably be iaqpedimoits to a
junctioii of the foroes.
The introduction of Maky troopa into the Indian anny is
• another question agitated in his Lradship's minute. I am not
eompetoit to offer any dedded opinion on this 8nb|ect, fiom m
want of sufficient knowledge of the Malay character. Hie
general impresnon of it is unfaTOcable, but I have met with
gentlemen accustomed to it, who speak highly of it. IfBlakys
would make orderly and fidthfhl soldiers, I diould be inclined
for their admimioiij on the ground that our native infimtry is
composed too much of men of one class, actuated by one com-
mon feeling, and that it is expedient to have a variety, in order
that one description, in case of necesnty, may be naed to main-
tain order in another. But this purpose would not be well ae*
complished by the introduction oS less orderly, or less efficient^
or more expensive troops ; and what the Malays might prove
in these respects, I do not know. There cannot be a more
orderly body of soUiers in the world than our Bengal native
infantry ; and caution ought to be exercised before we substi-
tute for any portion of them another blass of men.
It is proposed that a portion of the native armyshonld be
light infantry. To this I see no objection. It was formerly,
and is, I suppose, still the case in the Madras army. It was
also at one time the case in the Bengal army; several Hght
infimtry regiments were formed during the command of Oeneral
Hewitt. That was because the French were supposed to be
IBBEGUULB CORF8. 203
oomiiig. They were aftenrards zediioed. There is now a
li^t rn&ntry compa&y in each v^pment^ eqiud in amoant in
the Bengal army to nine regiments. Whether it be better to
liave the light infimtiy aa a portion of eadi regiment, or in
wpaiate r^;iment8, is a question on which I cannot pretend to
oflfer a decided opinion*
In all that Lord William' Bentinok says in fayor of that
desGription of ou fbroe which is called irrq;ular, or still more
impiKop^ly, local cavalxyi pediaps from its not being local, I
have the honor entirely to concur, which I am always more
hai^y to do than to difier fiom one whose mind has been so
purely and anxiously deroted to the public welfiire. I r^rd
the irregular horse as a most useful and valuable description of
troops. I wish that all our natiy^ cayalry were of this descrip-
ticm, and all our r^[u]ar cavalry Ekuropean. I do not mean by
this remark to recommend such a change. All such changes^
even if they were generally desired, require great consideration.
Our regular native cavalry has grown up as a branch of our
estabUshment, has hitherto done its duty well, and ought not to
be inconaderately broken up. But if I had to form a cavalry
army for India, without the previous existence of the regular
native troops, I would make the regular cavalry European, and
the native cavalry of the same description as that body now
termed the Irr^ulars or the Local Horse. I do not know that
the late Govemor-Oeneral goes so far in his opinion on this
subject, but in all that I have seen of his sentiments in appro-
bation of that description of our cavalry I fully concur.
I also ooncur in the opinions which he has expressed r^ard-
iog the use which might be made of steam power to increase
our military efficiency and insi^tft^f^ a speedy communication
with Europe. But this and other expensive additions to our
establishment can only be adopted when we have adequate
means. Great improvements might easily be suggested, but
where are the funds to come firom? Many are sanguine in ex-
pectation of vast increase to our revenue from the future
204 CONSTITUTION OF THE INDIAN ABMT.
development of the resouroefl of India, but for the present, at
leasty we must regulate our expenditure by the income wiiidi
we hare.
This consideration must render nugatory all schemes of im-
provement which would be attended with any conaderable
increase of expense; and to seek improvement in one quarter
by positive deterioration in another is a most unsatisfactory
mode of proceeding, and requires at least that the gain by the
change, as compared with the loss, should deddedly prepcMide-
rate, and be well ascertained.
The concluding sentiments of the late Govemor-Greneral's
minute are, that we are utterly unprepared to meet a Busman
invasion, which I fully admit, and that we ought to be so pre-
pared with the large sum already appropriated to our military
expenditure ; which opinion is not so convincing, but very
questionable: for if the same sum were sufficient to put us in a
state to meet the supposed invasion, and that were the only
danger against which we had to preparei it would follow that
a great restriction in our military expenditure would be practi-
cable, were it not for that expected event. But no one is able to
show how this can be effected.
With a view to that great crisis, his Lordship proposes the
increase of our European force to one-fourth| and eventually
one-third, in proportion to the whole army ; the increase of the
regular horse to 20,000; the increase of each r^ment of
native infantry to 1000 rank and file; and of each regiment of
cavalry to 800; all measures highly denrable and proper, in
contemplation of the expected invasion, but still inadequate,
and intermediately sure to produce an immense increase of ex-
pense, which would be utterly intolerable and ruinous.
The only measures pointed out by Iiis Lordship as calcu-
lated to meet this increase of expense, are the abolition of the
separate staff of the Bombay army, and the junction of that
force with the armies of Madras and Bengal, the result of which,
apparently, would give little aid to the purpose designed, and
would not even recompense the injury done to the feelings of
PBEPAaATIONS FOB INVASION. 205
the Bombay semoe in the destruction of a long-establifihed and
efficient army; and, secondly, by the abolition of a captain in
every native regiment at all the Presidencies, a measure which
would deteriorate the efficiency of the main body of our army —
the vexy force which it is our object to make more efficient —
and, besides, have an eflfect on the minds of the European
officers much more injurious than the saving produced would be
advantageous. These measures, exclusive of their being objec-
tionable, would be very inadequate in their results for the end
in view, and we should find the expense, as before remarked,
utterly intolerable. To increase the efficiency of the army by in-
creasing its inefficiency, appears to me to be altogether a wrong
course of proceeding. No proper resources for the increase of
the army can be found in the decrease of the army. The two
objects are incompatible; and the same things that make the
former desirable or necessary, must make the latter impossible
or inexpedient, unless it can be shown that we have super-
abundance of force of some description, which cannot be done.
We must not look to reductions in the army for the means of
bearing expenditure which is rendered unavoidable by the ne-
cessity of having a larger army. We can only look to our line
establishments when reduction is absolutely necessary; and even
there, nothing short of the total abolition of the civil service
and its amalgamation with the army would be effectual, which
could only be graduaL
Having objected to the plan of the late Governor-General, I
may be asked, how I would prepare against the supposed inva-
sion from the north-west? I should say, that to prepare for it
adequately is impossible ; we have not the pecuniary resources
to place us in a state of sufficient preparation. What then is
to be done? We must wait. The event is at present remote
and uncertain. We must postpone our preparations until its
approach be less doubtful. It cannot come so rapidly, in the
shape imagined, as to deprive us of time for preparation. We
may then draw from England any number of European troops
required, whether it be a fourth, or a third, or half of the
a06 CONSTITUTION OY THS INDIAN JlBMT.
amount of our natiye azmy* We may niie the eomplemflnt of
our native zegiments to any proper number; we may inoraMe
our iirq^ular cavalry to 20,000, or a larger amount if expe-
dient; wemay, by the formation of local eorpB, and lenea, and
depdta, make our rq[ular army wholly available finr £eid aer-
vioe; we must then make the exerftaona, militacy and finanrfnl,
which the eadgenciea of the crioa will aqggeit, and our vitel
interests demand* In the mean time, we mnat keqp our egqien*
diture within our income, ebe, when the prophened event
arrive^ it will find us in a state of the worst land of inefficiency
— an inefficiency of resources which would be fintsl, without a
single blow from the enemy.
Let us, therefore, pause; let us maintain an anny on its pre-
sent establishment, without attempting changes and zestdctioiftB
hurtful to its feelings, and consequently injurioQS to our best
interests. Let us make it as efficient as we can without a great
increase of charge; let us watch our finances, and if they im-
prove, and afford the means, let us i^ply additional funds to
increase the strength and improve the efficiency of our axmy
in any mode most advisable. Any outlay that we can afford
for this purpose will be well laid out, and it is not necessary to
think of the battle of Armageddon or a Russian invaaon to
justify it But our miUtaiy efficiency in peace and ordinary
times must be limited by our financial meana It is only in
war and a period of necessity that we can venture to put out of
calculation the di£brence between income and expenditure.
Our financial difficulties, actual and probable, are those which
are most pressing; and military speculations leading to great
increase of expense ought to be suspended until they become
unavoidable, or until we see our financial prospects brightening,
and light shining through its present gloom.
mSTBIBUTIOBr OF THB INDIAN ABMY, S07
DISTBIBUnON OF THE INDIAN ABMY.
[i% 8, 1836.]
[Sir dniles Metcalfe always oonsiateatly maktained the inexpedienBgr of
frittering kwvj out military force by disperamg it in detail at iaolated
posia» xnafcead of ooncentratipg it in Luge bodies at particular points for
pniposes of eziemal defence and internal secorify. The subject has already
been touched upon at page 180. The soundness and sagacity of the follow-
ing more detailed remarks will commend them especially to themHitaiy
reader.]
[Extract.] — There is no doubt that the dispersion of the
army into small bodies is a bad mode of distribution, and that
its union and concentration in large bo£es is highly desirable.
When the army is dispersed in small bo£es throughout the
country, it is difficult to collect a large force for any purpose.
It is positively difficult, because every cantonment requires
a force for its protection, by which the force to be assembled
for field service must be diminished; and fiirther, because delay
must be caused by the troops having to assemble fix>m distant
points, instead of being ready to move in one body, in conse-
qqenoc of having been previously united.
tt 18 morally difficult, because, wherever troops are stationed,
a general belief becomes established that troops are necessary
there, and, consequently, a feeling of insecurity arises whenever
the troops are withdrawn. If troops be really wanted in that
208 DI8TRIBUTI0H OF THE IKDIAK XBMT.
pontion, they w3l be meet wanted when it is requiate to with-
draw them ; for the collection of our army for any important
senrioe is the signal for men's minds to think of change ; and
troops will at that time be required where they were not re-
quired before. It would be better that troops should not be sta-
tioned anywhere in time of peace for local protection, whence
it would be necessary to remove them in time of trouble. It is
better that the people should be accustomed to the abaenoe of
troops, than that the troops should be witiidrawn when their
presence is most requisite for either protection or coercion. If
they can be dispensed with when everything tends most to
raise up danger, either from external foes or internal disafiec-
tion, or professed plunderers, they can certainly be most easily
dispensed with when all is tranquillity, and men's minds arc
not dreaming of revolution.
If we suppose a field force to be assembled from ten diflferent
stations instead of one, ten times the force would be kept back
in the former case to what would be required in the latter for
the charge of the cantonments and protection of the posts
before occupied. If, for instance, the forces of Nusserabad,
Neemuch, and Mhow^ were required to form a field army, a
regiment, probably, at the least would be wanted to keep
charge of each cantonment during the absence of the main
body— that is, three-elevenths of the whole body of infantry;
but if the three stations were united, one r^ment, or an
eleventh part of the whole, would be sufficient for the same
purpose, and the field force would be increased by a fourth or
fifth, or as ten is to eight. At the same time, three parts of the
country would be excited by the absence of the troops to which
they had been accustomed, instead of one.
Concentration of force, however, must in practice have its
limits. I^ would not be expedient, for instance, to concentrate
the whole army of any Presidency at one point. It is obvious
that the greater part of the country would in that case remain
entirely unprotected^ and exposed to any disaster. Thus the
BEST MODE OP DISTBIBUTION. 209
disiribution of the army is a nice question. There must be
concentration for one purpose, and dispersion for another; and
afWr admitting that concentration is the right principle, it may
be found that dispersion is the inevitable practice, for a reason
which will force itself on the mind the more the subject be ex«
amined; because the army is not sufficient for both purposes —
that of forming armies for the field, for which concentration is
desirable, and that of local protection, for which dispersion is
unavoidable. All that can be done is to keep concentration in
view, and avoid dispersion as much as possible.
Were I undertaking to distribute the army anew, without
reference to its existing positions, I should proceed on these
principles: On every frontier where there could be a foe, I
would have a concentrated force, a division of the army, com*
plete in all arms, and at the least sufficient for defensive pur-
poses on any occasion which might unexpectedly arise ; I would
have similar forces in the interior, both as reserves and sup-
ports to the firontier forces, and to secure internal tranquillity.
Wherever it might be necessary to move any of these interior
divisions, in support of the frontier armies, a sufficient force^
should be left or substituted for the protection of internal tran-
quillity, because it is then that internal tranquillity most need»
protection.
A calculation ought to be made of the force requisite for that
purpose in each circle of territory, and that amount of force
ought to be retained there in peace and in war, but especially
in war, when it would be most wanted. All divisions or
brigades of the army, intended either for field service against
enemies, or for the preservation of general tranquillity in the
interior, ought to be posted in the most convenient stations for
the purposes contemplated, and for the health and supply of the
troops, without reference to other merely local objects, in order
that they may be available to move in any direction without
the sacrifice of any such objects. The army ought to be dis-
persed as little as possible for merely local purposes, but when-
ever it may be necessary to post troops with reference to local
p
SIO DISTBIBUnON or THE INDIAH ABICT.
oonaidBmtioiii^ the foroe to posted ought not to ezoeed die
sftrangth xequiflite lor the purpose ia TieWy and ought never
to be withdrsvni in tune ox trouble* . • • . Wlieiev%!i a
angle rq;]nient ought to be stationed, unless it were for an im-
portant military purpose for whidi the most efficaent description
of force were deemed neoessaiy, a local corps would answer as
wdl as one of the line, and would enable us to rdease the fine
more from local duttesy and haTe a greater available foroe than
at present.
But it is almost idle to qwculate in this manner. We have
not the pecuniary means for a sufficient increase of our annj;
and if the distribution of what we have were attempted aooctd-
ing to the principles stated, we diould find that we have not
near enough. We are obliged to post our troops aoeording to
local exigencies, and when we have a war we collect them as
best we can, leaving local ezigencies to shift for theoudra.
It would be wdil, however, always to keep in mind the expe-
diency of distributing our army so as to have ihe gtestest
possible amount of foroe available for field service in any
direction, and not locked up for local purposes. We may not
be able with our present foroe to do mudi in this way, but
attention to the principle may enable us to do something.
SUKVET OP THE INBUS. Sll
SURYEY OF THE INDUS.— DESIGNS OF RUSSIA IN THE
EAST.
lOeiober, 1830.]
A sense of duty induoeB me to ofier some remarke on the
papers reoently xeoeiTed fix»ii Bombay regarding the contem-
plated surrey of ibe Indus.
The scheme of sorveying the Indus, under the pretence of
sending a present to Bajah Runjeet Singh^ seems to me highly
objectianaUe.
It is a tricky in my opinion, unworthy of oiv Govemihent,
which cannot fiil when detected, as most probably it will be,
to excite the jealousy and indignation of the powers on whom
we play it.
It is just sadh a trick as we are often falsely suspected and
accused of by ihe native powers of India, and tiiis confirmation
of their suspicions, geoefally unjust, will do us more injury by
furnishing the ground of merited rq>roachy than any advantage
to be gained by the measure am compensate.
It is not xmpoinble that it may lead to wax. I hope that
so iiiiiK^ciMiMTy and ruinous a calamity may not befal us. Yet
as our officers, in the prosecution of their clandestine pursuit^
may meet with insult or ill-treatment^ which we may choose
to resent, that result is possible, however much to be deprecated.
It appean to me that there is no lugent necessity for the
undertaking. It is more ilian probable that before we shall
have to act on any infoiaiation that we may obtain, we shall
have mare legitimate means of surveying the Indus.
p 2
212 SUBVSr OF THE INDUS.
The moBfc legitimate means would be the confleni of the Sind
Gk}Temment, and the other Governments having dominion
over that river. If there were real grounds to apprehend
the approach of a Russian army, and if the rulers of Sind
entertained the same apprehennon, they might be diq>oeed
to look to us for protection, and would then willingly albw na
to make any surveys that we might desire. But by antici-
pating what is remote and uncertain, and to the rulers of neigh*
bouring States imperceptible, we should pour our agents and
surveyors, or, as they would consider them, spies, into their
territories with every suspicious jealous feeling against us, and
without any sense of common interest in our favor.
If there were any urgent cause for undertaking the survey
of the Indus at the present time, we might apply for permis^on
to the rulers of Sind, although, if it were refiis^, which would
be very probable, we should be bound to desist firom any public
proceeding that would commit oiur Government.
We might nevertheless, either with or without such previous
application, send persons incognito to survey and obtain infor-
mation, without any ostensible commission, and without any
protection, leaving them to take the chance of such treatment
as they might receive if detected in an illicit occupation.
But to demand a passage for our officers under a fictitious
pretence, and then to take advantage of the civility of the
rulers of Sind to do that which we are conscious would not be
allowed, appears to me to be ungenerous and unfidr.
It must be remembered that the survey of the Indus or any
part of the Sind country may give us the power to injure that
State, may even assist us in conquering it, and in the course of
events, is as likely to be turned to use for that purpose as ibr
any other. The rulers of Sind, therefore, have the same right
to be jealous of our surveys of their river and their territories
that any power of Europe has to protect its fortresses from the
inspection of foreign engineers.
It is stated in a late despatch from the Secret Committee
that we must not permit the rulers of Sind to obstruct our
DBSIGNS OF BUSSIA IN THE SA8T. 213
measures; in other words, that we are to go to war with them
to compel submission to our wishes. With deference I should
remark that such an assumption does not seem to be warranted
by the law of nations. That surely is not an equitable policy
which can only be maintained by the strong against the weak,
and could not be asserted to a superior or equal power. But
the assumption is an exemplification of what I have often
observed in our conduct towards the Native States, and what
appears to me the greatest blot in the character of our Indian
policy, although I am not aware that it has attracted any
general notice in England. However much we may profess
moderation and non-interference when we have no particular
interest of our own concerned, the moment we discover any object
of pursuit we become impatient and overbearing, insist on what
we require, and cannot brook denial or hesitation. We disre-
gard the rights of others, and think only of our own convenience.
Submission or war is the alternative which the other party has
to choose. .
Thus at the present time, because we have taken alarm at
the suppoeed designs of Russia, it would seem that we are to
compel intermediate States to enter into our views or submit
to our projects, although they cannot comprehend them, and,
instead of entertaining any apprehension of Russian designs^ are
more apprehensive of our own, our character for encroachment
being worse than that of the Russians, because the States con-
cerned have a more proximate sense of it from the result which '
they see in actual operation among the realms of India.
This course, which I trust need not be considered as actually
determined on, seems to me both unwarrantable in principle
and inexpedient in policy-— unwarrantable, because we have no
right, from any alarms that we may take up, to interfere with
the rights and sovereignty of other powers within their own
dominions; and inexpedient, because it would tend to defeat
our own proper objects, which ought to be a cordial union of
feelings and interests with those States, if ever the crisis which
we anticipate should arise.
214 SUEYBT or THB IHD08.
lite oftiue of this agitotion and hotiy in^erti^aliom brfoad
our froatieiBy is a 8ii[qpomtioa that ire shall reqnixe miaHte in-
fomatioii respecting all intennediale oountdes, to caaUe vs to
cqpe with the BusBum power which is to asnsil us im India.
It is proper, therefore^ to coiwder what is die aatme of the
danger that we have to apprehend.
No one, I presame, expects that a Russian army is to start
bam the pres»it ficontierB of Bnsauiy and make one ccmtinnerl
march aoroai Central Asia, for the purpose of sttaffkiwg na in
oar possesnons in India,
Such an expedition seems next to impossible. The diffi-
cokies of marching a regular arm j throngh the intermediate
oonntries, of supplying and feedixig it, of repairing loams^ of
replacing wear and tear, of preventing the savages of ^sease
in new dimates — above all, in the case of BassiBythe impocti-
oability of providing the aiormoos funda requisite for sodi sn
undertaking — these are obstacles to the atten^t with a laxge
army which seem insurmountable.
Difficulties in some respects similar, and in others of aiK>ther
nature, would attend the attempt by a small one. In addition
to the reduction by sickness and losses by wear and tear, a small
exmy might be resisted and destroyed by the troops of the in-
termediate countries; or if a remnant of it should reach our
frontiers, we should most probably defeat and captnxe it, send
evexy man down the Ganges to Calcutta, ox down the Indus
to B<Hnbay, and land them all prisoners at Portsmouth.
The expense of a laige army could not be defiuyed by
Bossia, and a small one we should annihilate. Bussiay besides,
must be supposed to act with forethought. Is it to be imagined
that Bussia would send an army to India^ to attack a formidable
enemy possessing great resources, without first establishing her-
self in the intermediate countries, and without knowing what
her army would do in the event of success?
The defeat of our force on the frontier, whatever might be its
temporary or permanent effect on our power, would not make
Bussia mistress of India. Her general would be much pnazled
BESlQUa OB BUSfilA IK TH£ EAST. 215
how to ad^ even after the most brilUant sacces^ and his aMen-
lion would be mnchdiBtEacfeed. Cat offbyintervoii^coaiiliieB
from iBinfogceinenta and lesovoe^ he would not find hia anej
suppoKled by tiie tenitorjr which it might occnpy, and it mi^it
dwindle awaj» and be ultimately deBtioyed, bom wasting and
sidbiesi^ wi&ont maldog any piogien in the conqneitof India.
It may safely be add, I conceiYe, diot a Bnaaian invaoooy in
the way supposed, while the Russian frotttiers aie so leaiote
firom our own, is an event so improbable, that it may be pro-
nounced, as far as anything can, impossiMe.
If we are ever to be troubled with aBassiafn invasion, it must
be after an i^roziniation of oar frontiers; and whedxer this is
to take plaoe by advances on our side or that of RuaB»— whe-
ther she is to eonquor the intermediate countries, or acquiro in-
flaenoe over them — whether the event apprehended is to oeeur
in ten or twenty yenis, or in fifty, or a hundred — what revokL--
tions aro to take place in the mean time in the intermediate
States^ or in India, or in Bussia herself or ihrot^^ut the whole
wodd — in what quarter die is to make her attack, and what will
be the state c^thhigs when she may make it,r— these are all mat-
ters of such uncertainty, that it seems mere wantonneai to rex
and akrm our neighboun by survejring their lands and rivers,
I7 deceit or force, without dieir consent, and without knowing
to what purpose.
I do not question the utility, abstractedly, of the infermation
sought; but the value of all that can be obtained, without the
cordial sanction and assistance of the rulers of the countries
to be explored, may be greatly overrated, and cannot, in my
opinion, compensate for the odium which will justly attend the
course that it is proposed to pursue*
The most probable mode by which the Russians might
attempt to assail us would seem to be by incitii^ the inter-
mediate nations against us, by inciting tl^ Persians, Afghans,
Beloodiees, Sikhs, &c., with themselves, for the pbnder of Hin*
dostan, and by pouring all these masses up<»i u& The inoU*
nation to reap booty in India is not wanting in the countries
216 BUBYEY OF THE IKDUfl.
of those tribeo. Their traditions of the wealth obteined in
former in^'sdons have left strong impiesnons in &Tor of such
enterprises. The very monkeys in Oaubul are taught to flouriflb
a sticky and evince delight when asked if they will maidi to
Hindostan. Bat to produce the effect imagined, how many
nations must be conciliated or subdued ! and if subdoed, not
conciliated, how many rival and hostile interests must be recon-
ciled, how many disturbances hushed ! The requisite combina-
tions of circumstances seem extremely improbable, and a length
of time would be indispensable.
Among other uncertainties of this great question, is tliat of
what our own conduct ought to be when the expetboi crisis
shall arise. Whether we should meet the enemy half-way
and fight the battle in foreign countries — ^whether we should
defend the passage of the Indus and make our stand ther^ or
await the foe on our own frontier, and force on him all the
labor, and loss, and risk of coming the whole distance before
we attack him — ^must depend so much on the disposition of
intermediate countries, and other circumstances of llie time,
that it seems utterly vain to determine even our own course at
this remote distance from the event.
We have no encouragement in bygone history to fimcy that
we can foresee future results. What politidari has ever fore-
told the precise course which events have actually taken?
Tliat which we so confidently anticipate may never happen, or
if it should happen, it may be in a mode totally unsu^iected,
that would baffle any preconceived schemes of combination.
Frodens fiituri tempoiis exitum
CaligmosA nocte premit Dens,
Eidetque si mortalis ultra
Fas trepidat, quod adest memento
Componere aequos.
Twenty-two years ago the writer of this minute was em-
ployed to negotiate an alliance against a French invasion with
a Native State beyond our north-western frontier. A French
invasion was our bugbear then, as a Russian one is now.
Abdullah Mehrou, at the head of a French army, was reported
DKSIGKS OF BU88IA IN THE EAST. 217
to have reached Ispahan. But the Spanish insunection broke
out. Sir Arthur Welleslej beat the French at Roleia and
Vimiera. The vision of Abdollah Mehrou and his legions
vanished, and we thought no more of a French invasion.
If, therefore, I were asked what is best to be done with a
view to a Russian invasion, I should say that it is best to do
nothing until time shall diiow us what we ought to do, because
there is nothing that we can do in our present blind state that
would be of any certain benefit on the approach of that event.
The only thing certain is, that we ought not wantonly to
o£fend intermediate States by acts calculated to arouse hostile
feelings against us, but ought rather to cultivate a fiiendly
'diqx)6ition.
To insinuate ourselves with their consent into their terri-
tories, under a false pretence, in order to do that which we
know ihey would forbid, and which cannot escape notice, is
surely calculated to offend ; while it so happens that, in order
to cultivate. a fiiendly disposition, we could not do better than
by avoiding any forced intimacy ; for either our character is so
bad, or weaker States are naturally so jealous of the stronger,
or our habits so distasteful, that no Native State ever desires
connexion with us, imless it needs our protection. Excepting
under circumstances rendering our countenance and aid essen-
tial, we cannot oblige our neighbours more than by desisting
from seeking intercourse with them. If the time should ever
come when it is needful for them, they will eagerly solicit it.
No rulers have ever shown their jealousy of us more decidedly
than the Ameers of Sind, which feeling we are about to sti-
mulate afresh by an act which will justify its past existence,
and perpetuate its continuance.
If the information wanted is indispensable, and cannot be
obtained by fair and open means, it ought, I conceive, to be
sought by the usual mode of sending unacknowledged emis-
saries, and not by a deceitful application for a passage under
the fictitious pretence of one purpose, when the real object is
another, which we know would not be sanctioned.
218 COmfEBCIAL ACmiCT AT GAUBtTL.
GOMMEBCaiL hSESCf MI CAUBOL.
[/mm 8» 1838.]
It does not oppesr to me that the eslablidiment of a Kitish
agent at Caubul ia requisite or desirable in any point of tkw.
Tlie professed ob[|eot of uie proposal is loO' luipiuvcmeBi of
commerce. I bdievo Aat comnooe will take caie ef itself
best withoot our direct intermence m the form of a Commer-
cial Agency; and, if we sought to remove ezisliB^ obstede^
our eiSyrts would be more needed ebewlieie than at Osiibol,
where the trade with IncEa already recexres eveiy poasble en-
couiK^iement.
A commercial agent would unavoidaUy beeom^ from the
time of his creation, a political agent. To the extension of oar
political relations beyond the Indus there appears to me to be
great objections. From such a course I should expect the pro-
bable occurrence of embarrassments and wars, expensive and
unprofitable at the least, without any eqmralent benefit, if not
ruinous and destructive.
The appointment of an agent at Canbid would of its^ almost
amount to an interference in the political affidrs of Aighanatan.
It would be a sort of declaration in favor of the diief whose
power is established at Caubul, in preference to his rivals at
Gandahar, Peshawur, and other phoes.
As a commercial measure, I consider the one proposed to be
unnecessary ; as a political one, undesirable ; and, therefore^ on
the whole objectionable.
It will naturally be advocated by those who anticipate benefit
PROCBBDUG8 OF MMlkkimSSm BUBKES. 2 19
from attempts to create an influence in the countries beyond
the Indus. Expecting only e^il firom such attempts, I would
refiain from forcing on an unnecessary intercourse.
We have never, for many years past, been in want of intel-
ligence of the state of affairs in Afghanistan. The stationing
of an agent at Caubul, or any other place of importance, would
of course render our intelligence more minute, but does not
seem to be of much consequence with reference to that object.
I entirely concur in tlie approbation bestowed by the Right
Honorable the Governor-General on Lieutenant Bumes, and
in his Lordship's proposal to communicate to that able and en-
terpriBiig officer the satisfiietion of the Supreme Government.
[Abfe. — ^Tliese two papers indicate the early period at which
Sir Charles Metcalfe began to foresee the danger of our inter-
ference, under however plausible a name, witii the afiairs of the
countries beyond the Indus. He Survey of the Indus and
the Commercial Agency at Caubul were thd prokffomena, so to
spealr, of the great epic of the A%han war; and Metcalfe, in
his correspondence both with LordTVllliam Bentinck and Lord
Auckland, argued and protested, with equal sagacity and ear-
nestnesSi against measures which could hardly fail to entangle
us in such a manner witii the Trans-Indian States as eventually
to evolve a great and calamitous war. He left India at a most
unfortunate conjuncture. His services were never so much
needed as at the time of his departure.]
220 AFVAIBB or HTDSBABAB.
AFFAIB8 OF HIDEBABAD.
[Ifi^ 13, 1829.]
The Honorable the Court of Directors have ordered that
inquiries be made for the purpose of nsoertaining whether the
officers employed at present in the performance of civil func-
tions in the service of our native alliesi may not be withdrawn,
and their services altogether dispensed with.
I propose to offer my opinion on this question^ with reference
especially to the territories of his Highness the Mizam; but in
order to show the progresdve steps which have led to the em-
ployment of our officers in checking the mismanagement, or
rather, the plunder of those territories, it is necessary to take a
retrospect
When our connexion commenced with the State of Hydera*
bad, mutual interests brought the two powers together.
Both had something to fear from lippoo and the Mahiattas.
Tippoo, although formidable to all the States of Southern India,
was more especially our enemy. The Mahrattas, on the other
hand, threatened destruction to the Nizam, and were more than
once nearly effecting it
The British Government, therefore, and the Nizam, had each
a strong inducement to court the alliance of the other; and
notwithstanding some dififerences, at one period, regarding the
Northern Circars, the natural operation of similar interests
maintained an amicable spirit, and tended to a more intimate
union.
Accordingly, in both our wars with Tippoo, we had the alliance
CHOICE OF A MINISTEB. 221
and co-operation of the Nizam, and, although in the interval be-
tween those wars our cautious and prudent policy prevented our
exercising any decided interference between the Nizam and the
Mahrattas, our relations with the former were nevertheless un-
doubtedly serviceable to him in checking the latter, and probably
had a share in saving the State of Hyderabad from destruction.
The down&ll of Uppoo made a great difference in our rela-
tions with this Court After that event the alliance ceased to
have any feature of equality. Our protection was still necessary
to the Nizam against the Mahrattas; but subordination to his
protector was the price to be paid. It became our systematic
policy to post our troops in the territories of our protected allies.
All real independence was of course extinguished. The Nizam
had to cede to us, in payment of the expenses of our subsidiary
force, all the territories which he had acquired, as our ally, in
our joint wars against Tippoo.
Hie next important step towards the completion of the Ni-
zam's dependence was our interference with regard to the nomi-
nation of his Ministers. When first our negotiators appeared
at the Court of Hyderabad, they had naturally sought to gain
to our interests men of influence in the councils of the state;
and those whom we did gain probably derived additional con-
sequence from their connexion with us. There were then
parties in the Nizam's councils, as in other independent States.
l^ppoo, the Mahratta power, and the French, had each advo-
cates; but the advice of the English party, or, more probably,
obvious necessity, prevailed, and the salvation of the State was
entrusted to the British alliance.
The Minister during whose administration our alliance with
the Court of Hyderabad was formed and perfected, was the
celebrated Aam-ool-Omra, Aristoo Jah. He, however, was the
Minister of the Nizam's choice; and whatever power he exer-
cised was granted to him by his master, of his own free will.
Entire confidence and mutual attachment existed between them,
and it was not during the life of that prince that our influence
was banefully exercised in the selection or support of a Minister.
AVFAXBS OF HTDERABAD.
Brom the iame, hoverer, of the ooBipletioii of the mAmiamj
alUanee, it leeinB to hsre beea oonflUered aa ewential tfatt the
Mbister diould be in oar intemU^ nd Act we AobH nappori
him with our inflnenoe.
The MiflHn died before the MiniBtfT^ to wham onr aopport
was ocmtinuedt and then became effioaoooa. It doea not aeem
to have been oomideied that the Kinm who aiieoeeded ooold
be allowed any option aa to the oontinnanoe or lemoYal of the
Minister. OnrBeflidentgaTehisHighaeaBaelearimdentexidiBg
of what was intended, by obeerving to him, on hia aooeaBon,
that with such an ally as the British Government, and aabh a
Minister aa Aristoo Jah, hia Highneas's affiurs coold not fidl to
prosper.
Aristoo Jah accordingly remained Minister until hia death,
keeping his master, the present Niaam, daring the whole time,
in thraldom and insignificance, totally deToid of power.
On the death of that Minister, the Nizam announoed his in-
tention of taking on himself personally the manageaMnt of the
afiairs of his Government. He naturally wished to avoid being
again placed under a Minister independent of his authority.
The arrangement, however, which he oontemplated for this
purpose was objected to by our Government. We innted on
the nomination of a Minister with full poweiB. We assnted the
right of having a Minister attached to our interests, and, oonse-
quently, of selecting one of our own choice, and, if requiaite, of
enforcing his nomination. This extremity, however, was not
necessary. Meer Allum, whom we selected, was appointed by
the Nizam, and was sole ruler for life of hii master's dominions.
The Nizam made some effort to obtain a share of power in
his own Government; but this was unpalatable to the Minister:
the Resident gave decided support to the latter. Hie Nizam
retired from the contest in disgust, and has never since taken
any part in puUic affairs, but has led a life of gloomy retire-
ment and sullen discontent.
Our influence, therefore, established the Minister at Hydei^
abad as a despotic ruler, without the consent of his master. In
££iasr OF CHUNDOO LALL. 22S
all BritUi mteanriB he was sabeerrient to the Britidi Remdent,
and also im all priyate inleiesls which the latter dioee to advo-
cate, la the management of the countzy the Miniater was
abaolutey and had the support of the British Government
against any opposition that he could, not subdue with the means
at his own disposal Opposttion to him was treated as hos-
tility to us and diaafieotion to the English alliance; and as his
interests were, by our system, identified with our own, and our
utmost injBuoice exerted in his support, it was scaioely posdble
that his enemies should not become ours, although the same
might have been as willing as he to court our fiiendship, had
we not made ourselves obnoxious to them by supporting the
single individual against all competitors for power in the State.
After the death of Meer Allum, the Nizam again fimitlessly
expressed an intention of placing himself at the head of affidrs.
He was pressed to nominate a Minister, and the following
extraordinaiy arrangement took place. Mooneer-ool-Moolk,
nominated by the Nizam^ was made Prime Minister^ but it was
stipulated that he should exercise no power in the State. All
1^ power was given to the Deputy Minister, Chundoo Lall, who
was patronised by us. So that firom that time, in addition to
its sovereign prince, excluded from all concern in the manage-
ment of his afibirs in consequence of our interference, the State
of Hyderabad has had a Prime Minister in the same predica-
ment, as another effect of the same cause. The subserviency of
the real Minister to our will has rince been more complete than
before: the supfdeness of his personal character, and the low-
ness of his birth, aiding the natural effect of the dependence
of his situation.
The next great step in the advancement of our influence and
interference in the Nizam's affairs was the substitution, in lieu
of portions <^ his own aimy, of troops of all arms — cavalry,
artillery, and infantry — ^raised, disdplined, and commanded by
British officers.
Our interference in the Nizam's army arose £rom an article
of treaty, by which he is boimd to furnish a certain amount of
224 AFFAIRS OF HTDSRABAD.
auxiliETy force in the eyent of war with other powerB. The
force fumiahed in former wars was not sufficienUy efliiaent in
onr estimation. We h^n by a general saperintendenoe of it,
with a view to improvement; but the result has been, that
above forty lakhs per annum out of tiie Nizam's revenues are
appropriated to the maintenance of a force commanded oitirdy
by British officers, under the exclusive orders and control of
the British Rendent.
This arrangement could only have been eflfected through the
entire subserviency of the Minister, for it must have been quite
revolting to the feelings of the Court and of the chiefs of the
national army.
But it increased the personal power of the Minister, made
him more than ever independent of the Court and people,
enabled him more and more to triumph over his adversarieF,
and rendered his extortions of revenue irrenstible.
The subsequent history of the Nizam's country, and of our
further interference therein, turns entirely on the character of
this Minister, Chundoo LalL
Hii reign, for so it may be termed — his sovereign and his
principal in office being mere pensioners-— commenced in 1809,
and continued absolute, and without any interference on our
part in his managementy until 1820.
At that period, so bad had been his misrule, and so dete-
riorated had the state of the country become under his absolute
government, that the Resident, Mr. Russell, although far from
disposed to find fault with Chundoo Lall, was compelled to urge
the Governor-General in Council to grant him authority to
introduce a reform. The authority was granted.
The causes which led to the admitted necesrity for our inter-
ference in the Minister's management of the country are easily
explained, and are such as would infallibly recur if the same
absolute power, without check, were again left in the same
hands.
Chundoo Lall's main object, from the establishment of his
power, was to retain it. The instrument most serviceable in
EXTORTIONS OF THE IIIKISTER. 225
hiB view for this purpoao was money. He had money for any
one whom he thought capable of aiding him. Besides his sub*
senriency to the British Resident in all public measures, there
was money in the shape of pension, salary, or donation, for any
one whom the Resident recommended. Any gentleman sup-
posed to haye influence, directly or indirectly, with the British
GroTemment, could command a share of the reyenues of the
Nizam's country. This was the origin of his layish waste of
public money on Sir William Rumbold and Mr. W. Pal*
mer and their connexions. Any natiye who was supposed to
have influence with English gentlemen was also a fit object for
bounty.
Chundoo LalVs views were not, however, confined to English
influence. Whoever could aid him at Hyderabadi whoever
could injure him, all found access to the Treasury. To make
friends or to buy off* enemies was managed by the same process.
All were in pay. And many who might have been active dis-
turbers of his administration, seeing little or no hope of effecting
his removal, were kept quiet by a share of the public money.
Superadded to these sources of excessive expenditure was the
indiscriminate distribution of immense sums to mobs of beggars,
for the sake of popularity.
The revenues were insufficient to meet such excesses; and
the expenses of a year of war, added to the increasing cost of
the force commanded by British officers, augmented embar-
rassment. Extortion and borrowing were had recourse to
unsparingly, and to the utmost practicable extent. The former
was augmented by the effects of the latter. Extortion and
oppression went hand in hand ; desolation followed.
It is remarkable that our interference was then for the first
time exercised with a benevolent view to the protection and
happiness of the Nizam's subjects. Every former act of in-
terference, however subversive of the independence of the
Hyderabad State, was dictated solely by a regard for our own
interests, without any care or thought for the welfare of the
Q
t26 AFVAIRS OF HYDERABAD.
people whom we had delivered ap to a ruler of our own
selection.
The principal measures adopted in the first instance by the
Resident, with a view to the improvement of the state of the
country, depended for due execution on the Minister, and were
consequently fallacious. It was not in his nature to become a
check to his own extortions.
But it was indispensable for success in our interference that
some check should be provided, and this was the sole object
of the arrangements subsequently introduced, which have been
in operation for the last eight years.
That purpose has been in great measure accomplished; and
although it is very possible that of late the effect of our
measures may have diminished from the decrease of wholesome
distrust of the Minister, whose vicious conduct and incorrigible
propensity to extortion were the real causes of our interierence,
there is stilly I believe, no doubt that the imbridled oppression
which before prevailed is greatly restrained by the checks which
remain.
Neither the present Resident, nor the one who preceded me,
entertain tlie same opinion of the Minister that I do. On the
contrary, they both speak well of him. But it appears to me
that their opinion is inconsistent with facts, and even with
their own sentiments in other respects. For as all acknow-
ledge Chundoo Lall to be an able man of business, I cannot see,
if he were good also, and not possessed by the evil spirit of ex-
tortion, what ground there could ever have been for our inter-
ference. His notorious extortions and oppressions furnish a
very intelligible ground; but those who are not sensible of
their enormity, and who maintain that he is amiable as well as
able, appear to me to be without a rational motive for intro-
ducing or continuing our mediation.
Nevertheless, Mr. Russell was the Resident who proclaimed
the necessity of our interference; and the present Resident
trusts to *' the active superintendence of European officers" for
every improvement that is to be expected; maintains that '' our
EUBOPEAK SUPERINTBNDENCE. 227
interference was rendered necessary by the maladministration
of the goyemment;" and believes that the Minister, amiable
as he considers him, '* might still require to be directed by the
control of a superior guidance/'
My opinion of Chundoo Lall was first adopted from what
seemed to be the universal sense of the Nizam's country; but
it was fully confirmed by my own observation and experience.
To the general feeling of the Nizam's country, and to that of
every officer employed in its interior with opportunities of
judging, more credit seems to be due than to the favorable
opinions above noticed, which, if allowed unquestionable in-
fluence, would tend to mislead, and render that obscure and
impenetrable which, rightly understood, is perfectly plain and
simple.
The employment of European officers to check the native
functionaries of the Nizam's dominions was forced on us by the
unbounded oppression practised by the Minister, .Chundoo Lall,
for the purpose of extortion.
Our object has been in great measure accomplished. Oppres-
rion does not exist in the same degree. But the continued
efficacy of our interference depends much on the Resident.
The surest way to render it nugatory is to place undue reliance
on the Minister. I fear that its operation is even now afiected
by that cause. Nevertheless, the checks which exist prevent
the greater portion of the oppressions, which would rage with*
out limit if our interference were withdrawn.
The particular form in which our check can most bene-
ficially be exercised, is a question quite distinct from that of
the necessity of its continuance, and of less consequence. Mr.
Martin does not appear to be an advocate for that which was
adopted.
Prom the sentiments which he has expressed, it would seem
88 if our system of village settlements had been an innovation^
and a supersession of another system, to which, from long habit,
the people were more accustomed.
He supposes the class of district officers, whom he designates
q2
S28 AFFAIB8 OF HTBBBABAD.
as Zumeendara, to have been the persoiia with whom zereoiie
aettleoients had previouslj been generally condnded.
It 18 proper to explain what the persona are thna denomi-
nated ZumeendarSy to which term very diflSsrent meanings must
be applied in different parts of India.
They are the Desmooks and Despandeeas, or district revenue
officers, having different designations in different places, of the
ancient Hindoo Government, which existed in the Dekkan
before the Mahomedan conquest They are stricdy offioeia,
not the landowners or landholders of the country. They have
neither that right in the soil which we have bestowed on
the Zumeendars of Bengal, nor that which is possessed by the
village Zumeendars of Hindostan. They are paid by a per-
centage on the revenue, and by small portions of land, which
they hold rent free.
It seems probable that in remote times, before the Mahomedan
conquest, they were the sole managers, on the part of the go-
vernment, of the districts to which they belonged, and the
intermediate representatives and agents of the people in ihdr
transactions with the government; but this state of rule, if it
evar existed, had been destroyed by the foreign government
of the Mahomedans; and before our interference took place, all
classes had been crushed by a tyranny, in which extortion was
the only system that was allowed to exist
The district ofBcers had, in some parts of the country, from
local peculiarities, maintained or acquired a greater degree of
power and influence than in others, so as to make no descrip-
tion of their situation applicable with equal exactness to every
part ; but nowhere did they present a spectacle or a prospect of
any system of which we could avail ourselves to protect the
people against extortion.
Everywhere the government was represented by Talookdars,
or district managers, who were contractors for the revenue, and
in every other respect absolute. The Minister required from them
a certain sum of revenue, and on that more and more, according
to his wants or arbitrary caprice. If they paid, they remained
REVENUE RBFOEMS. 229
despotic rulers of their districts, and suffered fresh demands.
If they could not pay, they were removed, and others sent who
promised more, and paid a handsome Nuzzurana in advance.
The Talookdars, knowing how precarious was their tenure,
had no other object than to extort the utmost as rapidly as
posdble. If they thought it their interest to employ l^e Des-
mooks and Despandeeas in their exactions, they employed
them; if more for their interest to set them aside, they set them
•side.
Had there been any regular system in existence of which
'we could have availed ourselves, we should certainly have
adopted it Never was a reform attempted less in the spirit of
innovation, or more free from the conceit of invention. In
fact, the system of village settlements was adopted, precisely
because it was no innovation, and was the only system that
could not be an innovation. For from one end of India to the
other, among Native States, it will be found that whatever local
authorities may intervene between the governments and the
village communities, the land revenue is assessed on villages,
levied on villages, and recorded by names of villages; and so it
must naturally be in a country wholly parcelled out among
village communities, and where there is, perhaps, not a single
spot of ground, to whatever purpose now applied, which could
not be traced in the ancient records as belonging to some vil-*
lage, whether now in existence or otherwise.
What is a village settlement but the affixing of the amount
of revenue which each village community has to pay to the
government? A process which must have been gone through
at all times in the Nizam's territories, whoever performed it,
although it was notoriously done without regard to the people,
and without any adherence to engagements.
I conceive, therefore, that the system of village settlements
was less likely than any other that could have been devised to
lead to innovation; and in the early settlements, of which I
had cognisance, care was taken to prevent it in any way, unless
the endeavour to secure to the cultivator the fruits of his in*
8S0 AFFAJB8 OF HYDERABAD.
dustiyi after paying the daes of his govemment, can properly
be 80 called. The parties present at a settlement were the
Talookdar, ». e. manager of the province, or an agent appcnnted
for the purpose by the Nizam's Minister, or both of them;
the Desmooks and Despandeeas, or hereditary officers of the
district; the representative heads of the village conununities;
and a British officer preading. The district manager, or
Minister's agent, urged the interests of the Nizam's Govon-
ment in favor of a high assessment; the village communities
pleaded for a low one; the hereditary district officers were
sometimes on one side, and sometimes on the other ; there were
the accounts of past assessments and collections, and the state-
ments of actual capabilities to refer to; the persons present
were those best able to give information ; the settlement wss
concluded by the mutual agreement of the parties interested,
under the control of the British officer, by whom the result
was attested, recorded, and reported to the Resident, the Mi-
nister's agent doing the same to the Minister, who confirmed
the settlement unless he saw reason to object to it
It is very possible that some of these settlements may have
been unequal, and that fraud and deceit may have been suc-
cessfully practised; but still it is strange if the heads of village
. communities sat in silence and saw their own villages over-as-
sessed, and others under-assessed, without an eflfort to e£kct a
more equitable distribution of the burden, notwithstanding
every encouragement to furnish information.
But supposing unequal assessments to have taken place, or
equal assessments to have become unequal from subsequent
causes, there was a ready remedy. An over-assessment could
be reduced; an under-assessment, procured by false statements
or other frauds, was open to revision. The only remediless
case would have been an under-assessment in which there was
no fraud, or deceit, or false statement. But such a one was
not likely to occur; and if it ever happened, could not have
done much injury.
The real obstruction to the success of these settiements con*
RESULTS OF THE VILLAGE SETTLEMENTS. 231
sisted in the rapacious disposition of the Minister, who, having
onoe saoceeded in obtaining an over-assessment through the
intervention of a British officer, could scarcely ever be induced
to agree to a reduction of it.
The same spirit, goaded by the necessities arising out of his
wasteful and corrupt expenditure, has interfered with remis-
nonSy however necessary from other causes. The first settle-
ments, concluded under our superintendence, were followed by
several successive seasons unfavorable to production, and re-
quiring consideration for the cultivators on the part of the
frovemment. Even during that period grain was getting
cheaper. The fall of prices has been progressive throughout
that part of India, requiring large remissions from all govern-
ments. If our measures in the Nizam's territories had not been
attended with a great increase of cultivation and production,
the diminution of revenue must have been immense. Not-
withstanding that increase, owing to the fall of prices, remis-
sions are in many cases necessary. But to these the Minister
never willingly consents. The collection of the revenue is en-
tirely in his own hands. We have never interfered with it;
and he now practises that extortion, which was before unlimited,
by exacting the full amount of assessments, rendered excessive
by low prices, although originally equitable.
The Nizam's Grovemment must submit, like all governments
that are landlords, to the unavoidable consequence of low
prices, a reduction of rent; and has no right to expect tq keep
up its land revenue to the standard at which it was assessed
when prices were high, unless the increase of produce has been
equivalent to the fall of prices.
Mr. Martin has unintentionally paid a compliment to our
village settlements in the Nizam's dominions, by objecting to
them that they are made with village communities, and not
with individuals as proprietors of each village, which he sup-
poses to be the character of our village settlements in the
North- Western Provinces under the Bengal Presidency. He
ought to have been aware, that where a settlement is made with
282 ArrAiBS of htdk&abad.
an individual as aamimed proprietor of a village, the rights and
property of the village comtnunity are annihilated; and that
where it is made with the village conAmnnity, their rights and
property are preserved untouched.
I have dwelt so much at length on the subject of village
settlements, because Mr. Martin's remarks seem to me Im
favorable to that method of exercising a check on ezto7ti<m
than they justly might have been. It was adopted as the onlj
one likely to be effectual ; I still cannot perceive any other so
likely, I am also of opinion that it is applicable, with suitable
modifications, to all parts of the Nizam's dominions, althougli
its accomplishment had been more obstructed in some parts
than in others.
But I am no stickler for any particular method, provided
tliat our main object, which is to prevent extortion, be any-
how attained.
Mr. Martin informs us that he has abandoned the scheme of
village settlements in Telingana, and allowed the former sys-
tem of management to be restored. By the former system of
management he seems to mean that the Minister is to collect
as much as he can, through the intervention of the hereditary
district officers. In fact, the village settlement was never com-
pletely accomplished in Telingana. The district officers, who
were interested in counteracting it, had, from local peculiarities,
sufficient influence to do so, with the ready connivance and aid of
the Minister. Nevertheless, the village settlement, wherever car-
ried into effect, even in that part of the country, furnished some
means of checking extortion. It gave a knowledge of a de-
mand beyond which the Government had no right to exact.
If this ground of check has been abandoned without the sub-
stitution of any other, I must conclude that injury has been
done by the change. If the power of check has been preserfed,
I should not be disposed to object to the Resident's exercise of
his discretion as to forms; for I consider the principal purpose
of our interference to be achieved if we can prevent undue ex-
action; and whatever interference may not be necessary for
FUTURE PB08PECT8. 283
ibmt parpofle ought to be avoided. Interference is In itself an
evil, to which we have had recourse solely in order to remove
a greater evil — unlimited oppression, which we ourselves were
instrumental in causing.
On the whole, I see reason to apprehend that Mr. Martin's
partiality for the Minister unavoidably diminishes his power of
checking maladministration. There is no other reason what-
ever for our interference than the total faithlessness of the
Minister's character, and his incorrigible propensity to un-
bounded extortion. To place confidence in him, and dis-
T^ard the information of the officers appointed to check op*
pression, would be the sure way to defeat the purpose of our
interference; and if it has taken place in any sensible degree,
is quite sufficient to account for any falling off in the operation
of our measures which may latterly have been apparent to the
Resident.
I nevertheless am satisfied that our intervention does prevent
the universal and unlimited extortion that would otherwise
prevail, and therefore I should extremely regret the discontinu-
ance of our check during the rule of the present Minister; for
whose acts, as his power was established and maintained by us,
we are undoubtedly responsible.
The time may come, and may not be far distant, when we
may relieve ourselves from this embarrassment. It is not to
be expected that the present Nizam could assume, even if he
were allowed to do so, the independent government of his terri-
tories during the precarious remnant of his life of sickness.
But on the accession of his successor, if the latter were to
evince a character equal to the duties of his station — ^if he
were to apply himself to the affairs of his government, and
choose unbiassed hid own ministers^ we should then be at
liberty to withdraw our interference, and could not be held
responsible for any misrule that might ensue.
If, however, we entertain this view, we must guard ourselves
against what is likely to happen on the death of the Nizam.
The present Minister will, of course^ endeavour to retain his
S34 AFFAIB8 OF HTDEBABAD.
poweri and will have many facalitiei for doing ao. Tbe Ren-
dent, it is evident, if not otherwise instructed, would give him
the fullest support. But even without that support he would
have great advantages. The Minister's actual poasessioa of
absolute power might have influence on the mind of an inexpe-
rienced prince, raised from privacy and tedrement, it may be
said from confinement, to a throne on which he had never pre-
viously seen anything but a cypher, subordinate to the ruling
Minister. The idea, too, which would be inculcated, that he
was indebted to the Minister for his succession, would natu-
rally operate in favor of the latter. The belief also of Chundoo
Lairs connexion with the British Government, on which that
of Hyderabad must acknowledge its dependence, would Anther
aid him ; and it would be very difficult to remove the impres-
sion that his nomination would meet our wishes, although we
might not exert ourselves to eiTect it, and were even to declare
our neutrality.
It would not, therefore, be surprising if Chundoo Lall were
continued in power by the next Nizam, without our recom-
mendation. If the act were perfectly spontaneous, we should
be relieved from responsibility, and might be at liberty to
withdraw our interference. But if the choice were either
directly or indirectly the efiect of our influence and supposed
partiality, we should hardly cease to be responsible for the
shocking oppressions which would ensue.
At whatever period our interference in the civil management
of the Nizam's country may be withdrawn, it must become a
serious question whether our share in the military branch of its
establishment ought not to cease also.
It would not be right to leave a force under British oflicers
to become the instrument of the oppressions of a rapacious
Minister; and it would not be just towards the Nizam s Go-
vernment to deny the aid of a force to which so large a portion
of its resources is appropriated, if it were required for the
proper support of the government. To judge of the occasions
on which it might or might not be employed by the Nizam's
COST OF OUR INTERFERENCE. 235
autborifcieSy would re-create that interference in civil afifairs from
which we are anxious to withdraw.
The existence of a force paid by a Native State, but com-
manded by our officers, and entirely under our control, is un-
doubtedly a great political advantage* It is an accession to
our military strength at the expense of another power, and
without cost to us: an accession of military strength in a con-
quered empire, where military strength is everything. The
advantage is immense. But I cannot say that I think the
arrangement a just one towards the Native State. The same
circumstances which make it so advantageous to us, make it
unjust to the State at whose expense it is upheld.
The subserviency of the Minister at Hyderabad has rendered
this kind of force in the Nizam's territories a sort of plaything
for the Resident, and an extensive source of patronage at the
Nizam's expense. The temptation is difficult to resist, and it
is more to be regretted than wondered at that the expense is
increasing. It appears, from returns prepared in the Secretary's
office, that the military and civil allowances paid by the Nizam's
Government to British officers amounted, according to the
earliest report received from Hyderabad, under date Ist January,
1824, to 11,11,098 Hyderabad Rs., the number of officers
being 101; on the 28th January, 1825, to 9^16,260 Rs. for 83
officers; on the Ist March, 1826, to 9,99,420 Rs. for 101 officers;
on the 31st December, 1826, to 11,34,828 Rs. for 116 persons;
on the 31st December, 1827, to 12,48,696 Rs. for 119 persons;
and on the Ist December, 1828, to 13,49,880 Rs. for 123 persons.
The necessity for this increase in the last two years is by no
means obvious. The intermediate decrease in 1824 and 1825
was no doubt owing principally, if not wholly^ to the absence
of officers during the Burman war, who must, however, have
returned by the end of 1826.
It is not to be expected that we could withdraw entirely from
all civil and military interference in the Nizam's Government
with perfect and unalloyed benefit.
We must be prepared for mismanagement in the civil admi-
8S6 AFFAIRS OP UTDERABAD.
niitration whoever might be Minister : the loss of the ibioe at our
dispoeal would be a positive dimination of our military strength;
and in future wars we should again have to complain of the
inefficiency of the auxiliary force which the Nizam is bound by
treaty to furnish. We must also be prepared, if we withdraw
our officers, to see the formation of corps under European or
East Indian adventui^ers, such as fonnerly existed in the Nisam's
service.
Nevertheless, the restoration of independence to the Niaam's
Oovemment appears to me to be an object worthy of our
attention, and worth some loss ai.d some hazard, whenever it
can be effectually accomplished.
But it must be borne in mind that this independence has
had no existence since the last century, and that at present the
country is governed by a Minister who is not the servant of his
nominal master, but, in fact, is our dependant, and whose
oppression and misrule compelled us to exercise interference in
his management with a view to check extortion.
While such a state of things exists, it would, I conceive, be
cruel and unjust to sacrifice the people again to his reckless
rapacity by the removal of the check at present imposed, which
in a great degree has proved efficacious, and, with a due dis-
trust of the Minister^ would be more so.
I should, therefore, recommend that no steps be taken at
present to withdraw our interference in the management of the
Nizam's country; and that we should wait until an opportuni^
may present itself enabling us to efl^t that purpose, without
being responsible for any misrule that might ensue.
In the mean time, we ought to prevent any increase of the
expense of the military establishment commanded by British
officers and paid by the Nizam's Government, and gradually
to reduce the expense now existing.
DUTY TOWABM KATIYB STATES. 287
DUTY TOWARDS NATIVE STATES-INTBBJFEKENCE AND
NON-INTERFERENCE.
iJu^i 14, 1835.]
fHiere is no subject which more frequently presses itself upon the
sttention of Indian statesmen than the amount of interference in the
affairs of the Native States which may be rightfully and expediently exer-
cised by the representatiyes of the Paramount Power. Both in the public
and private correspondence of Sir Charles Metcalfe this question is fre-
quently discussed ; but the following passages, extracted from a lengthy and
elaborate paper on the affairs of Jyepore, written as Govemor-Qeneral in
1S35, embrace at once the most comprehensive summary of the whole
Mgument, and the most mature expression of the writer's opinions ; and may,
therefore, stand in place of all other discussions of the subject under the
present head.]
[Extract.] — ^The difference between the interfering and
non-interfering policy is not that of interfering on all occasions
and not interfering on any, because^ as the predominant power
in India, interference is sometimes forced on us, however
reluctant we may be to adopt it. The difierence is, that the
upholders of non-interference avoid interference as much as
poamble^ while the opposite party are rather disposed to avul
themselves of every opportunity to exercise it ; see occasions
for it which the others do not ; and assert the right of assuming
it when the others would maintain that such a right does not
exist, or is very questionable ; and in every case in which the
question is, whether interference shall be exercised or not, or to
what degree it shall be exercised, every one will naturally be
biassed by his preconceived opinion on the general question.
238 DUTY TOWARDB NATIVfi 8TAT£8:
Both parties of course aim at the public welfare, and each ad-
vocates that line of policy which it deems to be best
The interference policy appears to me to be arbitrary. We
interfere in the aflairs of foreign states as we like. We put up
and put down princes and ministers at our pleasure ; set princes
over subjects, and ministers over princes, as we think prop^.
We do not allow the general feeling of the people to operate,
but act according to our own notions of what is right and ex-
pedient The bad tendency of this policy is manifold. It
destroys entirely the independence of the foreign state, and
paralyses its energies. It also throws the weight of our power
into the scale of the government, and destroys the ability of
the people to redress their grievances. It places us on the
anti-popular side, and causes us to be detested. It relieves the
native government from the necessity of conciliating its sub-
jects, and of coui'se promotes oppression. While we give this
injurious support to the government, we scarcely ever inter-
fere sufficiently to prevent oppression and misrule, and can
hardly do so without taking the government into our own
hands, and thus putting an end even to the semblance of inde*
pendence.
Another evil of interference is, that it gives too much power
to our agents at foreign courts, and makes princes and ministers
very much the slaves or subjects of their will. An interfering
agent is an abominable nuisance wherever he may be, and our
agents are apt to take that turn. They like to be masters
instead of mere negotiators. They imagine, often very .erro-
neously, that they can do good by meddling in other people's
aSairs; and they are impatient in witnessing any disorder
which they think may be remedied by our interference, for-
getting that one step in this course will unavoidably be followed
by others, which will most probably lead to the destruction of
the independence of the state concerned.
It must be admitted to be an evil of the non-interference
policy that temporary and local disorder may occasionally ensue,
and must be tolerated, if we mean to adhere strictly to that
INTERF£RENCB AND NON-INT BRFEBBNCE. 239
principle. But this is a consequence which we naturally dis-
like. We are not disposed to wait until things settle them-
selves in their natural course. We think ourselves called on
to interfere, and some bungling or unnatural arrangement is
made by our will, which, because it is our own, we ever after
support, against the inclination of the people, and their notions
of right and justice.
The true basis of non-interference is a respect for the rights
of others — for the rights of all, people as well as princes. The
treaties by which we are connected with Native States are,
with rare exceptions, founded on their independence in internal
affiiirs. In several instances the States are, with respect to ex-
ternal relations, dependent and under our protection, but stiU
independent in internal affiiirs. It is customary with the advo-
cates of interference to twist our obligation of protection against
enemies into a right to interfere in the internal afiairs of pro«
tected States — a right, however, which our treaties generally do
not give us, otherwise than as the supporters of the legitimate
sovereign against usurpation or dethronement, in the event of
his not having merited the disaffection of his subjects.
There are, undoubtedly, extreme cases in which the inter-
ference of the protecting power may be unavoidable. Instances
of prolonged anarchy, a£^ting others under our protectioUi
are of that description. It may be said to be a defect of the
non-interference policy, that it cannot in every possible case
be maintained. The same objection would probably be appli-
cable to any system of policy. It need not prevent the main-
tenance of non-interference as the system, admitting rare inter-
ference as the exception. There must, however, be a non-'
interfering spirit in the government and its agents, otherwise
the exception will predominate over the rule.
There are two classes of States in India with which we have
relations — those protected, and those not protected — which may
be otherwise described as external and internal States, or those
altogether beyond our exterior frontier, and those encircled
by our dominions, or more or less included within the sphere '
240 DUTT TOWABD8 KATIYB 8TAT£8:
of our sapremacy. The internal States are, in a greater or lem
degree, either specifically or Yirtiiallj, ander our protection, and
it is to these that the question of interference or non-interferenoe
principally refers. The States of Sind, Caubul, Lahore, China,
Nepal, and Ava, are external States, free as yet from any pre-
tensions of interference on our part in their internal affidn.
But the spirit of interference would no doubt soon find cause
for the exercise of its withering and mischievous infl.nenoe
even in those States. If I recollect rightly, it has been recom-
mended to me by our agents, east, north, and west. The
sea being our exterior boundary to the south, is almost the only
power that has altogether escaped the suggestion. We have
laid the foundation for interference west and north-west by
our treaties respecting the navigation of the Indus, which we
are now about to promote by stopping it altogether. The
question of interference at present, however, relates chiefly, or
almost exclusively, to the internal States — ^those which by treaty
or virtually are under our protection. With respect to these,
we have no right to interfere in their internal affairs as long aa
they can govern themselves, and are inoffensive to others. But
prolonged anarchy can hardly exist without affecting neigh-
bouring States. The continuance of extreme misrule and op-
pression, if in the' least degree supported, as it sometimes is, by
awe of our power on the part of the people, ought not to be
tolerated. Unjust usurpation, not caused by oppression, forces
us to take a part, for we must either acknowledge, and so &r
countenance the usurpation, or we must refuse to aclfiiowlcdge
it, and so far oppose it; and we could hardly follow the latter
course long without proceeding further, or dissolving our con-
nexion with the State so situated. These are cases in which
interference may be either necessary or justifiable; and it must
be remembered, that in any case in which external interference
is required, it can only arise from us. Other Native States are
precluded from it, if of the protected class, by their relations
with us; if beyond the circle of our supremacy, by our intole-
rance of their interference within it. Those remedies, therefore.
INT£BFJSB£NCB AND NON-INTERFERENCE. 241
for internal distraction, which are available in communities of
States less under the supremacy of one protecting and overawing
power, cannot here be had recourse to. The British Govern*
ment is the sole referee where reference is necessary. Absolute
non-interference on every occasion is consequently impossible.
There is, neverthelessi a wide difference between a reluctant
interference, when it is unavoidable, and a disposition to rush
into interference when it is not necessary; and in this consists
the diflference between the two systems of policy.
The advocates for interference would probably maintain that
it is right to anticipate mischief and prevent it by decided in-
terference, and, as disorder will sometimes follow our adherence
to non-interference, there would be much weight in that argu-
ment, if our interference were always productive of good. But
we often create or aggravate mischief and disorder by injudi-
cious interference, and prevent a natural settlement of affairs,
which would otherwise take place. One of the strongest argu-
ments in my mind against interference is, that it is more apt to
work evil than good. There is nothing in our political admi-
nistration that requires so much circumspection, and caution^
and discreet judgment, as interference in the affairs of other
States. A single mistake on the part of an agent may cause
irreparable mischief; and the power left to agents on such
occasions is immense. Almost everything depends on their
judgment The effects of interference are anything but certain
It is not, therefore, a conclusive argument in favor of inter*
ference, although it is the best, that we may thereby prevent
evil; for, on the contrary, we are just as likely to create it; I
should indeed say, infinitely more so. And the evil created
by interference is generally irremediable. It virtually, if not
ostensibly, destroys the State to which it is applied, and leaves
it only a nominal, if any, existence.
As a diplomatic agent, I have had a part in carrying into
efiect both interfering and non-interfering policy, and the result
of my own experience has left two strong impressions on my
R
248 DUTY TOWABD6 KATIYE STATES:
mind — ^fint, that we ought not to interfere in the intennd
afiurs of other States if we can avoid it; and, seoondlj, thai if
we do interfere, we ought to do so decidedly, and to the foQ
extent requisite for the object which we have in view. Onr
attempts to interfese for the better government of other Statei
have often been wretched fiiilures as to oar purpose, but have
nevertheless had all the badeflSdcts of interference on the States
concerned, as well as on the minds of other States. Where
interference shall b^gin, and where end, and to what okgect it
shall be confined^ and how that object ahaU be accomplished
without involving further and unneceseaiy interference, are all
nice points to determine. The question of intexfeience alto-
gether is, indeed, the most difficult of any in Indian policy;
but interference is so likely to do evil, and so Httle certain of
doing good, that it ought, I conceive, to be avoided as much as
possible. The evils of non-interference may certainly be such
sometimes as we would not like to permit to continue, but their
effects are generally temporaxy, and leave the State independent
in internal afliiirB as before. The effects of interference are per-
manent, and degrade the State for ever, if they do not destroy
it. Another consequence of interference is, that it subjects us
to the suspicion, which is always alive against us, and to the
reproach of incessantly striving to increase our dominions, and
to seize those of others. We have thus the evils of appropria-
tion without its benefits. Such is the effect of our occupation
of Shekhawuttee, Toorawuttee, and Sambur. A further evil of
interference is, that it involves us, on account of other people's
affidrs, in expenses which we can neither ourselves afford to pay,
nor contrive to make others pay, owing to their poverty.
On the general question of interference, therefore, it appears
to me that the following would be proper rules for our
guidance:
1. To abide by treaties, and respect the rights of all foieign
States, and not to interfere in their internal affairs when it can
be avoided.
INTEBVB&EKCE AND NON*INT£BFERBNCE. 243
2. Wlien compelled bj neceBsity to interfere, to do so with
caiey that the State concerned may not be permanently affected
in an injnrioiiB manner by onr measures.
3. To interfere only so fiur as may be indispensable for the
aooomplishment of the object which b die cause of inter*
ference.
4. To interfere decidedly and effectually for the purpose re-
quired, and not to leave it unaccomplished.
5. All the cases of necessity^ for interference cannot perhaps
be desciibed, but the following are those which most obviously
suggest themselves: — 1. General disturbance produced by in-
ternal disorder, but extending beyond the limits of the dis-
turbed States, and affecting other States. 2. Prolonged anarchy,
with its evil consequences to the people, without a hope of the
State's being able to settle its own affairs. 3. Habits of depre-
dation affecting other States, which last would be a just cause,
not for interference merely, but also for war and conquest, if
we chose to assert our right. 4. Unjust usurpation, devoid of
legitimate claim, or opposed to the choice of the people, which,
with reference to our supreme power, we must either sanction
or put down.
Applying these principles to the state of affiiirs at Jyepore, it
does not appear to me that the case for interference in the internal
administration of that principality is established. It is not a case
in which absolute non-interference is practicable, because we have
already interfered to some extent; but we may abstain from
such further interference as is unnecessary. We cannot permit
anarchy to prevail, and we must lend our countenance to the
Government which exists, but we need not commit ourselves
to prevent the establishment of a better, if a better or a more
popular one can be formed with a prospect of benefit to that
State. Actual interference in the executive administration of
the Government is not required, for we do not hear of notorious
oppression, or misrule, or want of power in the Government;
and it could not, under any circumstances, be advantageous
b2
244 DUTY TOWASDB HATITE STATES.
unless it were carried to sach an extent as wonld place the
whole ezecutdve authority in our hands, confirm all the preva-
lent opinions of our sjstematio encroachmenti and draw upon
us all the odium of aggremon; a state of things which, instead
of seeking, we ought, injustice to oursdTes, most studiouslj to
avoid.
BUS8IA AKD PEBSIA. 245
RUSSIA AND PERSIA.
lNavm6er 9, 1828.]
[ExTBAGT.] — Having concluded my remarks on the contents
of Sir John Malcolm's minute, I now proceed to submit my own
notions on the general subject of that document — ^namdy, on
the state of relations which it is desirable to maintain with
Persia. He who offers objections to the views of anotiier is
bound to exhibit his own, in order that they also may undergo
scrutiny.
I am £u from imftgiw^ng that the progress of Russia in the
conquest of Persia is a matter of indifference to us. So £Eur
from it, that if I could perceive any certain ground to conclude
that Russia would be deterred from further progress by our
entering into an intimate defensive alliance with Peraa, I should
readily advocate such a measure.
But I have no such expectation. It is not conastent with
the independence and greatness of one of the largest empires
ever known in the world, to submit to our dictation in its
transactions witii a State with which it has always hitiierto had
separate relations; and we cannot undertake the defence of
Persia without regarding a war with Russia as a probable con*
sequence.
A war with Russia in defence of Persia, whatever might be
its results in other respects, would most probably fail as to its
original object, and Persia be subdued. At all events, I cannot
conceive that it would be wise policy in us to lay the founda-
246 &U88IA AXD FMSBBIA.
tion of a war with RubbU by taking on ounelves the respon-
ability of the protection of Persia. I would infinitely prefer,
if neceasary, that Persia, which power has not the slightest
daim on us, should be left to her fate, and that we should
husband our resources to meet the evil when it may become
inevitable; avoiding any premature anticipation of the struggle.
Time works changes in all things — ^in empires as well as in
smaller affidrs. It will work changes in Russia, in Perma, and
in India. A few years hence a great difference may take place
in the condition of all these oountriesw Our power in India is
not stationary. It will become stronger or weaker. It is now
essentially weak; if it do not become stronger, it will scarcdy
be worth preserving; and it will be hardly possible to preserve
it. But whatever may be the state of things at any future
period, I cannot imagine the utility of precipitating a hostile
collision with Russia; and that, too, in behalf of a powtf whose
good fidth, in the time of our own need, could not be relied on
in the slightest degree, and whose utmost aid to us would con-
sist in her own preservation, which she could not probably ac-
complish, against Russia, in the event of war, without, or even
with, our assistance.
Our true policy, therefore, it seems to me, is to devote our
attention to the improvement of our Indian Empire, fostering
its strength, without prematurely going in search of danger, by
anticipating its due season.
What ihen have I to propose regarding our relations with
Persia? It is this: To maintain them on the most fii«dly
terms that will not involve us in stipulations likely to lead to
an unnecesiary war with Russia. There is no necenity for
pretending indifference as to the fate of Persia. The interests
of Persia and of British India are to a certain degree in union.
We need not conceal that we desire her preservation. We need
not hesitate to use our best endeavours to promote it by all
means consistent with the maintenance of friendly relations
with Russia. Nay, even occasions and events may possibly
occur in which it would be politic to afford Persia active as-
BUSSIA AKD P£R81A. 247
sifltanoe agiinst (haft power. But let us keep ourseiyes fiee to
do what 18 wiaest and best under all circnmstances. Let us not
embanaas ourselves by engagements which may be ruinous in
th^r consequences, £br which Persia cannot make any adequate
return, and winch, on her part, would not be kept one instant
beyond their agreement wi& her own conyenience.
The continuance of a inission at the Persian Court, for the
purposes of maintaining our relations on the most intimate
fix>ting of fidend^ip consonant with the policy premised, and
of securing accurate knowledge of all that passes between Russia
and Persia, seems to be proper and desirable; what should be
the envoy's rank, and whether he should be accredited from
the King or the Company, appear to be points of minor im-
portance. For whatever influence we may possess in Persia
must be derived, not from the official designation of the envoy,
nor from the ezpensiveness of his establishment, but from the
consciousness of Persia that our friendship is beneficial to her.
With respect, therefore, to the footing on which the mission is,
I do not perceive any very urgent cause for change. The less
expense the better; but provided that the expense of our poli-
tical relations in Persia do not exceed that of a first-rate Resi-
dency in India, it may, I conceive, to that extent be tolerated.
I am not sensible that there was any advantage in increasing
the expense of the mission from what it was in the time of Sir
Henry Willock's charge.
The employment of British officers in the armies of Persia
may prove useful, as circumstances may arise in which their
local knowledge may be serviceable to their own country. In-
formation appears to be wanting as to the allowances actually
received by the officers so employed from the Persian Govern-
ment. At present they draw from the Company full field-pay
and allowances — ^a privilege which they alone now enjoy of all
the officers not actually employed in the military service of the
Company. If the allowances drawn from the Persian Court
constitute, with the Company's pay, an adequate compensation
for their services, they might, as to Company's allowance, be
248 BU88IA AKD PEBSIA.
put on the same footing with til odier offioen employed hj
foreign States. If, on the other hand, their Peiman allowances
do not afford, with their Company's pay, any adequate com-
pensation, they might retain their present privil^^es^ if the
eventual usefulness of their local knowledge diould be deemed
to justify their employment on those terms.
Admitting the expediency of retaining a misnon at the Per-
nan Court, and of allowing the employment of officers in the
Persian serrioe, it neyertheless appears to be yery necessary
that all our transactions with the Court of Persia should be
constructed on a footing of equality ; and that the notion enter-
tained by that Court, and hitherto practically sanctioned by us,
of levying contributions on us, without return, should cease
<o be nourished by our proceedings, when it would soon cease
to exist Let Persia feel that we wish her well, and acknow-
ledge a common interest, but let her not imagine that we are
willing to pay tribute for the continuance of friendly xelations.
Mtbtnut anlr l^tttrtctaL
DEFINITION OF LAND REVENUE.
In their letter of the 27th of June, the Board define the
land revenue of Indian Oovemments as consisting of a portion
of existing land rent. It is not quite clear in this definition
what is meant to be described as land rent. It may mean a
rent received &om the cultivator by an intermediate landlord;
or it may mean that portion of the produce which is termed
rent, in the technical division of produce to partSy-tmder the
terms, wages of labor, profits of stock, and rent. In either case
it would, I conceive, be more coirect to define the land
revenue of Indian Governments as consisting of a portion of
the gross produce, for such is the fact. Go into any village
and inquire what is the revenue or right of Government. You
will be told that it is a half, or a third, or whatever it may be,
of the crops. Tou will not be told that it is a portion of a
rent received by some intermediate person, nor that it is a
portion of a technical division called rent; but you will be told
plainly, where it is described as a portion of anything, that it
is such a share of the crop. It may be a fixed sum on par-
ticular produce, or on the land itself; but if it be described as a
portion, it will be a portion of the gross produce. I think,
therefore, that in defining the land revenue of Indian Govern*
ments as consisting of a portion of existing land rent, the
260 LAND EEYENUE.
Board, whatever they may mean, have unneoeaBaiily mystified
the question, the Indian land revenue being generally a portion
of the gross produce.
I am apprehensive that the opinion of the Board, defining
the State revenue to be a portion of rent, may lead to con-
fusion in the assessments; the State revenue being a portion
of the gross produce, of which portion the Government may
either take the whole, or remit a part to the landowners as
deduction fieom the demand, or grant a part to the perstMis
employed in collecting it as payment for trouble, or a part to
revenue contractors as compensation for risk, at its own option.
These observations may be exemplified by what took place at
the permanent settlement of BengaL The Government chimed
what was supposed to be its lawful revenue, according to
established preoedent| being that which a native governor
would have been entitled to under the same circamstanoea.
Then, firom that sum of revenue, one-tenth or one-deveoth was
allowed to the revenue contractor, whom we nominated pro-
prietor, as his income from his assumed property. He was pro-
hibited from taking more from the landholdera under him than
the Government share of produce, or fixed rates of aasenment
prescribed as Grovemment revenue. That was the elected pro-
prietor's renty and if the Government revenue had been a
portion of the proprietor's rent, would it not have been atrocious
that it should have been nine-tenths or ten-elevenths? Gould
that ever have been termed, without ridicule, a portion? On
the other hand, speaking of rent, not as the income of the pro-
prietor, but as one of the technical divisions of the produce of
land, can one-half of the gross produce, which is the most
general division of the crop between the Government and the
cultivator, be fairly stated as a portion of tiie land rent? What
is the real fact in either of these cases? Not that the Grovem*
ment revenue is a portion of the rent, but that it is a very
large portion of the gross produce. And where is the utility
of representing it to be anything else? When the Gk>vemment
made perpetual contractors for the revenue in Bengal, and called
FIELD ASSESSMENTS AKD TILLAGE COMMUNITIES. 251
them pioprietors, it did not take a portion of iheir rent; it
took its own revenue, and gave them a portion out of it — that
18, a tenth or an elevenlli.
PTELD ASSESSMENTS AND TILLAGE COMMUNITIES.
The Board adhere to the opinion that ByutwaTy or perma-
nent field asBeasments, cannot be introduced into the Western
Provinces; but I remain unconvinced on that points
One reason asngned by the Board in support of their opinion
is, that the r^alations require a settlement for the revenue of
an oitiie village in one sum for a term of years. If a measure
supposed to be desirable were impeded to no good purpose by a
bad xegulation, nothing would be more easy than to remove the
obstacle by a better regulation; but even under the regulation
described, I see no impossibility in introducing permanent
field aswannents into a village, of which the entire revenue
might be settled in one sum for a term of years. The entire
revenue of a village consists of the revenue of its separate fields.
Every proprietor's field might be permanently assessed, the
total of these assessments would fi>rm the revenue of the entire
village, which might be settled for a term of yeais, duiing which
the village proprietors might have the benefit of any new culti-
vation; at the end of the term a permanent assessment might
be fixed on the newly-cultivated fields, leaving the permanent
assessment of the old fields tmaltered; unless in any instance it
might prove to have been too high, in which case it might be
lowered; the permanent assessment of the new fields, joined to
that of the old, would form the new assessment of the entire
village for another term of years, and so on.
I only mean by these suggestions to explain in what mode
I conceive it practicable to reconcile a permanent field assess-
ment with a viUage settlement for a term of years, but I am
not now recommending this plan as one that I would wish to
see generally adopted. As long as a village community remain
252 LAND BETEKUE.
united and fnendly among themaelves, I dionld always legiet
any interference on the part of Ghyvemment in their mtenul
conoems; hut fiom the moment when litigation and dioeiiaoD
begin to destroy the happiness and prosperity of the village,
and to drag its concerns before our judicial tribunals, the fidi
assessment, in my opinion, is the only remedy that will tacn
the community from ruin, and preserve to every individnl
his just rights. After a permanent field assessmait for eidi
separate landowner, a village settlement for a term cl jma
with the community would not be necessary, although, as above
shown, the two proceedings do not seem to me to be iixeooD-
cilable.
The Board further remark that settlements in the Western
Provinces can have no connexion with the assessment of fields,
because the actual cultivators of the soil are not the parties
with whom the officers of the Government have to deal. Here,
again, I am obliged to differ from the Board. The actasi col-
tivators of the soil, in innumerable instances, dther are, or ought
to be, the parties with whom the Government officers have to
deal. The real landowners and the actual cultivators of ihe
soil are for the most part the same persons, and when that is
the case, the actual cultivators are precisely the persons with
whom the Government officers ought to deaJ, and with whom,
individually and separately, field assessments might be made
for each field. When the actual cultivators are not the land-
owners, the same thing might be done with the landowners,
leaving to them to settle wiUi their cultivators. But by land-
owners I mean the village landowners, the actual owners of
fields, not the overgrown creatures of our regulations, who,
under the designation of recorded proprietors, or any other,
falsely pretend to have the property of entire villages. I am
only contending for the practicability of field assessments, not
being able to agree with the Board in their sentiments to the
contrary. I do not advocate field assessments, except where
dissension has destroyed the unity and energy of the village
community.
THE PEBMANEKT SETTLEMENT OF BENGAL. 263
PROPBIETARY TENURES.
The Board express the opinioni and as far as my knowledge
goes I concur in it^ that the rights of persons connected with the
land are not so complicated and various as has been supposed.
They acknowledge two descriptions of proprietary tenures in vil-
lage lands: one^ general, over the whole of the lands of the vil-
lage; the other, particular, in particular lands. I understand the
Board to mean, that in some villages the lands are the common
property of the community of proprietors, and that in others
the lands are separated into private properties of individuals.
In this statement I agree, and I ¥rish that the Board would
always bear in mind that the real landed proprietors of India
are the members of the village communities, whether they
enjoy their property jointly or separately; and that where
village communities exist without the acknowledgment of their
proprietary right, in one or the other of the modes mentioned,
and where individuals, belonging or not belonging to the village
community, and especially in the latter case, pretend to be sole
propriei9rs of villages, there is reason to suspect misapprehen-
sion or usurpation, and ground for revision, or at least for in-
quiry. It may not be universally, as I suppose, but it will, I
think, be found to be so generally throughout India, where our
regulations and practice have not destroyed the native institu-
tions, or where diey have not been destroyed by other means.
THE PERMANENT SETTLEMENT OF BENGAL.
There can be no doubt that the cultivation of Bengal must
have greatly increased since the formation of the permanent
settlement; but this is no proof that it would not have greatly
increased, with good management, under other modes of settle-
ment Cultivation has greatly increased in the Western Pro-
vinces since they came into our possession, whether more or
less proportionately, in comparison with Bengal, I have not the
means of knowing, but the increase has been immense, and
254 LAKD REVENUE.
incxease of revenue has aooompiuued it» which of coune has
not been the case in Bengal. Taking into account the greater
difficulties that cultivation has to contend with in the Westem
Provinces, I doubt whether it has not increased there as sur-
prisingly in the same space of time as in BengaL The proba-
bility, however, is, that cultivation will increase more under a
permanent settiement than any other, although great increase
may take place without it.
But what was the price of the Permanent Settlement in
Bengal? We not only relinquished the right of the Gtevern-
ment to any further revenue from land, which was undoubtedlj
a great sacrifice, but what was much worse, we destroyed all
the existing property in land, by creating a class of proprietors
to whom we recklessly made over the property of others. By
the power of adhesion existing in Indian institutions, it is pro-
bable that in many instances the ancient rights have not been
entirely overthrown. The new proprietors may have found it
their interest to maintain them to a certain degree. But they
are virtually destroyed by the tide of property over the whole
land conferred by us on those who had no pretensions to it,
and they must ultimately be extinguished when it suits the
interests of the regulation proprietors to give the finishing blow.
The Board, in their admiration of the Bengal permanent set-
tiement, designate the noble autiior of that measure " the great
creator of private property in land in India." Private property
in land in India existed long before Lord Comwallis, and his
permanent settlement tended to destroy it. If I were tempted,
in imitation of the Board, to designate that revered noblemaa,
with reference to that measure, by any other title than that by
which he is immortalised in the annab of his country, I should
say, with the fullest respect for his benevolent intenticms, whidi
never contemplated the injustice that he comnutted, that he
was tiie creator of private property in the State revenue, and
the great destroyer of private property in land in India; destroy-
ing hundreds or thousands of proprietors for every one that he
gratuitoudy created.
PBOPBIETAHT BIGHTS. 255
PROPRIETABI BIGHTS.
INotfember 89. 1838.]
fRie preoeding extracts, made from a long and elaborate paper on the
liBud Eerenve of the Upper Prormoea of India^ afford a general view of
8ir Caiarlea Metcalfe's (pinions on some of the more important questions
oonneeted with the great snlject of Land Eerenoe. and are therefore in-
serted as a preface to the more detailed disqoisitiona, oa indiTidnal points,
which follow. The opinions expressed are suhstantiallj the same as those
given, nnder P^ L, in the papers on the Eeyenne Affairs of the Delhi
Territory.]
In offering some notes on the Minutes recently laid before
the Cooncil, recorded by the membeis of the Revenue Board
in the Western Provinoes, I diall preface what I have to say by
a few words on a subject which has of late been often mentioned,
and which occurs again in these documents; that is, regarding
proceedings in assessment from the detail to the aggregate, or
from the aggr^ate to the detail It seems to be supposed,
because Sir Thomas Munro went back from the aggregate to
the detail, that he had not, in the first instance, gone firom the
detail to the aggregate. But it appears to me that every
aggrq^ate must be composed of the detail; that every assess-
ment must be founded on the detail; and ihat although the
detail may be dispensed wiih when there is sufficient informa*
tioB from other sources to make it unnecessaiy, stilly if accuracy
256 PROPBIETABT BIGHTS.
be intended, the detail must be had leooune to in evexy new
Sflsessmait The thing to be guarded against is the tendencsy
of an assessment fonned rigidly on the detail to become exoes-
mve; to prevent whichi allowances must be made in the aggre*
gate assessment, which render it necessary to go back fiom
the aggregate to the detail, in order to efiect the fiur appor-
tionment of the assessment. It is remarkable ihat Sir Thomas
Mimro should be constantly quoted on this point, wheai it
seems dear that the system of settlement on which he ulti-
mately rested was a distinct settlement for evexy field at esta-
blished rates, without reference to any aggregate, and that the
aggregate of any village or district assessment in his hands
must have been the aggregate of these field assessments. How
an aggregate can be anything but a putting together of details,
I am at a loss to conjecture; and although loose settlements
may be made, with an unobjectionable and even beneficial
relaxation of the just demand of the Government without
minute attention to the detail, it is only when the inaccuracy
is on this side that it can be tolerated^ for, bending the other
way, it would be ruinous. Even in such cases the aggregate
must be the result of former details, and will be accurate so far
as the actual details agree with the former, and will be bene-
ficial or ruinous to the agricultural community assessed, accord-
ingly as the actual details are in amount above or below the
former. As no agricultural community can pay an aggregate
of revenue exceeding the amount of the detail, it seems evident
that every realised assessment founded on a supposed aggr^ate
without regard to the actual detail, must be a relaxation of the
Government demand, which, if not carried to too great an
extent, is generally unobjectionable. I have been led into
these remarks by the commencement of Mr. R. M. Bird's
minute on the Rights of Rerident Ryuts, in which it seems
to be supposed that the Madras mode of assessment was inde-
pendent of a knowledge of detaik.
I concur generally with Mr. R. M. Bird in his opinion that
our Government has unnecessarily and uselessly, I would add
AMOUNT OF ASSESSMENT. 257
unjustly, created rights in the persons of Zumeendars, Talook-
dars, &c^ which did not before exist, and that the Ryuts or
cultivators have the first claim to our consideration; but he
appears to class all Ryuts or cultivators together as having
equal and the same rights. On this point I differ from him,
for there are, I conceive, cultivators who are owners of the
land which they cultivate; others, who have a right of perma-
nent occupancy without being owners; others, who hold lands
on leases for defined periods; others, who are mere tenants at
will from season to season. To assume, as Mr. R. M. Bird
seems disposed to do, that all these classes of cultivators hold
equally from the government and possess equal rights, would, it
appears to me, produce great injustice, and destroy rights now
existing and which have existed, not only before the establish-
ment of our government, but from time immemorial. Although
it may not be possible to lay down definitions which shall
apply to all parts of India, I should say generally, that the
ownership of the land is held by members of the village
communities, either individually, in separate and distinct
portions, or collectively, subject to internal arrangement; and
that there are in the village communities some members who
are landowners, and others who are not, and who may belong
to any of the other classes of cultivators above described. It is
with the acknowledged landowners that the government has
to deal, although entitled, as revenue, to a share of every part
of the produce of the cultivation, and it is from the owners
that the other cultivators hold their lands, either permanently
or for fixed periods, or from season to season at will.
Mr. R. M. Bird appears to be of opinion that the portion of
produce to be taken as revenue may be fixed by the mere will
of the ruler. I cannot concur in that opinion. Everywhere the
portion in kind, or the sum in money, due as revenue to the
government, is understood and acknowledged, and the govern*
ment which should attempt to exact more would be execrated
as oppressive, and would most probably be resisted. It may
be, that in former times, at some distant period, the demand was
8
258 PROPRIETARY RIGHTS.
arbitrarily increased, but that which is now acknowledged is
wonderfully uniform, considering the great space over which
the same revenue system extends, whether under British, or
Hindoo, or Mahomedan governments. The govemm^it may
take as much less than the acknowledged dues as it will, bat it
has no right to take more. The government may be said to
have the right of committing any other act of oppression as well
as this. The right of the government in land revenue is
known and limited everywhere, but the tax is generally so high
that it cannot well be higher. The question with our govern-
ment must always be, how much it can be lowered oonastently
with provision for the expenses of the State, but there is no
difficulty, I conceive, in ascertaining what the right is in any
part of India.
Mr. R. M. Bird is of opinion that the Ryuts have a right
to have their rents fixed by the authority of government (that
is, the rents which they pay to the Zumeendar, or other fictitious
proprietor, whom we now begin to designate the rentholder),
and that the Ryuts have a right to occupy the land eo long as
they regularly pay the rents fixed by government
Both these questions must, I conceive, depend on the real
situation of the Ryuts. We are apt to term all cultivators
Ryuts, without regard to their different circumstances; but
the citcumstances of those who are often included in that
general denomination may be very different. If a Ryut be a
* tenant at will, holding land from the owner, he has no right to
have his rents fixed by the authority of the government His
rents are fixed by mutual agreement between him and the
owner of the land, and if he be dissatisfied with them, he may
throw up his land on the termination of his engagement, and
seek better terms elsewhere, or persuade the landowner to
lower his terms.
If the Ryut be a farmer, holding a lease of lands for a
limited number of years from the owner, he is in the same
situation as in the former instance, with this difference, that
the mutual agreement is binding for a longer period.
DIFFERENT DESCRIPTIONS OP RYUTS. 259
If the Rjut have a permanent right of occupancy in village
lands, without being one of the owners, his rents are settled by
the laws of the village; the same laws which confer on him a
permanent right of occupancy.
If the Ryut be an owner of land, his rents are fixed either
by the government assessments, settled with the community of
village landowners, or by that community — including himself
as one — ^by internal arrangements after the settlement of the
government assessment.
If the Ryut be one of a community of landowners over
whom we have established one of our fictitious regulation-pro-
prietoiSy he then, I think, has a right to have his rents fixed by
the authority of government, because, otherwise, his ownership
of the land will in time be destroyed by the increasing de-
mands of the regulation-proprietors, a result which we are
bound to guard against, if we do not wish to commit great in-
justice* Where the Ryut is a landowner whose right to deal
directly with the government is obstructed by the intervention
of our manufactured proprietor, I am of opinion that he is en-
titled to that interference in his favor which Mr. R. M. Bird
recommends. I would strictly defend the rights of village
communities against the regulation-proprietors, and extend that
protection to those who, by the village laws, have a right of per-
manent occupancy, as well as to those who are owners of the
land; but Ryuts who hold on lease, or are tenants at will for a
season, must abide by their engagements with the landowners.
Mr. R. M. Bird seems to be of opinion that there is no class
of occupiers of land between the mere cultivating labourer and
the regulation-proprietor, and that all Rjruts are alike, and in
the same predicament. In these opinions he is, I conceive,
mistaken, and I should expect that he would find all of the
difierent classes of Ryuts that I have described in numberless
villages in the Western Provinces.
In Mr. R. M. Bird's remarks on the respect paid by all pre-
ceding governments to the proprietary rights which exist in
India, and on the destruction of those rights which is the con-
s2
260 PROPRIETARY RIOHTS.
sequence of our auction sales and manufactory of proprietors, I
entirely concur, as well as in bis views of protecting the village
communities against the encroachments of our proprietors; and
from his remarks regarding Peishkust Ryuts, in the latter part
of his minute, I perceive that he does not propose to extend
interference to tenants of that description, in which, after what
I have already said, I scarcely need add that I agree with him.
I cannot do so in his sentiment that all resident cultivators
are equally entitled to have their rents fixed by the govern-
menty without reference to the term of their residence. Their
right must depend on the nature of their tenure, and on the
conditions under which they are residents and cultivators.
If, for example, a cultivator has become a resident in a vil-
lage^ under engagements with the Zumeendar or regulation^
proprietor, those engagements must fix the rent which the cul-
tivator has to pay to the Zumeendar. It would not be just in
such a case, on the part of the government, to step in and fix
the rent to be paid by this cultivator to the proprietor, by
mutual agreement with whom he has recently come to reside
in that village. The proprietor must, of course, observe his
engagements, whatever they may have been, but the direct in-
terference of the government to settle the terms of their rela-
tionship, seems to be entirely unnecessary.
I need not say that I am no advocate for the regulation-pro-
prietors of our creation. I consider their creation to have been
an enormous error, which has not been attended by any benefit
whatever ; but having created them, and declared them to be
proprietors, we gave them, I conceive, after the reservation of
the government revenue, all the rights of property that it was
in our power to give—that is, all the rights tJiat did not pre-
viously belong to others. We had no right to destroy the
pre-existing property of others, in order to confer it on our new-
fangled proprietors; we could not legally or justly give them
a single field which previously belonged to others; but we
could, and did, give them the right of the government in every
field in their Zumeendaree, and we superadded the full pro-
BEGULATION-PROPRIETORS. 261
perty in lands not owned or occupied on a permanent tenure
by others. Having done so, although we have a right and are
bound to protect the ancient cultivating proprietors and occu-
pants in all their rights, whatever they were, and ought to be
ashamed of ourselves for not having done so, we have no right
to step in between our proprietor and the cultivator of his own
planting, on lands declared to be his own property, with a
view to destroy the engagements which they have mutually
entered into, and prescribe others of our own fashioning.
** Give the devil his due;" I would let the regulation-proprietor
have all his just ri^ts. It could never have been intended,
when we created proprietors, that they were to be merely en-
titled to a percentage on the rcA^enue. It was meant that Uicy
should be really proprietors, which they are, and ought to be-
in every case in which that would not affect the previous rights
of others; but as we had no power — that is, no lawful power —
to take away the rights of others, we have not given them one
jot of those rights, and are bound to maintain the ancient pro-
prietors and holders of permanent rights against those of our
own creation. Thus, in village communities, although we may
have put a proprietor over them, we have no right, I conceive,
to allow him to infringe on the rights, laws, or customs of
those communities, nor to exercise any greater degree of pro-
perty or interference in the lands or internal afiairs of those
communities than the government would itself have exercised
if this incubus had not intervened.
With reference to Mr. R. M. Bird's '* Note on Zumeendars
and Putteedars," I shall at present content myself with remark-
ing, that there is much in that ^' Note" in which I concur, and,
considering the important situation held by that gentleman with
respect to the revenue management of the Western Provinces,
that I rejoice at the desire which he evinces to maintain the
rights and customs of the village communities. On the subject
of the regulation which he proposes, I shall only say that our
legislation in revenue matters appears to me to have been
hitherto so unfortunate, that I would rather avoid any legisla-
202 PBOPBIBTABT BIGHTS.
tion that is not absolutely neceaflary; and (iirdier, that I am
peculiarly appiehensiye of any legislation that might lead to
interference in the village oommunities. As I do not consider
the xegidation suggested by Mr. R. M. Bird is now before us
for decision, I do not think it necessary to enter on a minute
examination of its detuls.
Neither do I think it necessary to otter any detailed lemazia
on Mr. R. M. Bird's *' Note on Acceleration of Surveys, &c*'
In many of his sentiments I concur. With reference to the
36th paragraph, I do not comprehend why the mode of village
management therein described as existing in some instances
in the Dihlee territory, '* does not, nor can exist in the regula-
tion provinces.'* I cannot see why it should not have existed
before our rule, nor why it should be precluded by our r^ula-
tions; and I think it probable that it does exist in some in-
stances, unknown, perhaps, to the higher revenue authorities;
for where a large village is divided into separate sections, each
inhabited by a distinct community, the mode of management
described is a very natural arrangement, each section consti-
tuting in most respects a separate village.
I have derived great gratification from the perusal of the
^ Notes " by Mr. R. M. Bird, which have been above adverted
to. They appear to me to evince great practical ability, and a
aealous desire to promote the rights and interests of aU parties
concerned in our revenue arrangements.
From the remarks which I have already made on Mr. R. M.
Bird's proposition to fix the rents payable by all resident
Ryuts to their lands, it will have been seen that I concur in
the sentiments expressed by Mr. Fane, in his minute of the 4th
September, against that proposition as one of universal appli-
cation. Landowners and permanent occupants appear to me to
be entitled to have the rents payable to the regulation-pro-
prietor fixed^ if they desire the intervention of the govern-
ment for that purpose; but mere tenants on lease or at will
must, I conceive, abide by their engagements with the land-
owners, of whatever class the latter may be; and I see no reason
ANCIEKT AND HODBRX TITLES. 263
for the interference of the government to regulate rents, which
will more properly be settled by mutual adjustment.
I also concur in the opinion recorded by Mr. Fane in the
7th paragraph of the same minute, on the subject of expediting
the revision of settlements.
Mr. R. M. Bird's minute of the 22nd September, which
concludes the series of documents forwarded by the Western
Board of Revenue to the Governor-General on the 25th Sep-
tember, does not appear to require much further remark. In
that gentleman's sentiment, that *' the maintenance of rights of
our own creation " cannot justify ^^ the destruction of rights
which existed before our own name was even heard of in
India," I fully and cordially concur; and as far as he would
extend protection to those entitled to those rights, I should go
along with him ; but he seems to me to be disposed unneces-
sarily to extend the same privilege to classes who have no
such rights, and who had them not before the introduction of
our rule.
264 LONG LBABE9.
LONG LEASES.
IJune 29. 1832.]
[Extract.] — ^For eettlements on long leases I have always
been an advocate. A temporary loss of rerenue may be incurred
in such settlements; but it is revenue put out to interest. The
landowners have encouragement, and obtain the means to improve
their products ; and the government revenue is eventually in-
creased, together with their prosperity. If the land revenue is
to continue to be the chief resource of our Indian Government,
and the revolution which is to find a substitute has hitherto
made no progress, that scheme of revenue must be the safest
and the best which unites the improving prosperity of the
landowners with the increasing revenue of the State. A sacri-
fice of equitable land revenue, without a certain prospect of its
return in some other shape, is an experiment which is likely to
be attended with permanent injury.
I am no advocate for annual settlements; but if settlements
are to be made annually, the process will depend on the object
in view. If the object be to take the right of the government
in full, an annual scrutiny of the crops will be necessary, and
the payers of revenue would prefer this method, in which no
man would pay more than is justly due from him, to a fanciful
settlement, according to qualities of soil, which may be very
erroneous, very unequal, and to some ruinous. But if the
object be to make a moderate settlement, the taking of actual
produce as the equitable basis does not render a scrutiny neces-
sary. The actual produce — the surest test of productive
power — ^having been once ascertained, an annual scrutiny is not
requisite, unless it be demanded by the revenue payers to pre-
CLASSIFICATION OF SOILS. 265
vent an apprehended over-assessment. This basis does not pre-
clude any liberality or indulgence that the government may see
fit to exercise.
In making a settlement for a term of years, with actual pro-
duce as the basis, it is not necessary to take the produce of the
year of settlement as the sole criterion. A settlement for a
term of years, which is an equitable adjustment of the demand
of government during a period subject to vicissitudes, must be
made with reference to so many considerations, that whether
ascertained produce or productive powers be assumed for a
general assessment with a community, the difference will be
nearly nominal. But actual produce must not be lost sight of,
for no community will be able to pay revenue on a classifica-
tion of soils, unless the produce correspond. And if the settle-
ment go into the detail of fields and individual payments,
attention to the produce will be still more necessary, for no man
will be able to pay more revenue than his produce will yield,
however high his land may stand in the classification of soils.
And whatever classification of soils we make, the collection of
revenue in the village, unless the government interfere inces-
santly and most obnoxiously to prevent it, will go on according
to actual produce; and the attempt to prevent it will cause the
dissolution of the village community. In the case supposed in
the Right Hon. the Governor-General's minute, the village
growing wheat, if assessed according to wheat, would very
probably begin to cultivate sugar-cane, and having reaped a
profit sufficient to recompense them for the labour and expense
incurred in that operation, would at the next settlement yield
a higher revenue with the same ease as in the first it paid a
lower, and with more profit. The village producing sugar-
cane, if equitably assessed according to that article, would pay
its proper revenue with the same ease as a village producing
wheat, and would not be likely to abandon its sugar-cane cul-
tivation for any other less profitable.
The classification of soils appears to me to be liable to great
mistakes, and errors in assessments arc often productive of irre-
266 ASSESSMENT OF LAND YIELDING VALUABLE PRODUCE.
mediable evils. The classification^ agreeably to thmr pToducstiyc
powers and under ordinary culture, conreys no definite idea.
A sugar-cane field, a wheat field, and a juwar field, adjoin
each other; the soils are the same, but the wheat field and
the sugar-cane field have been brought by the necessary labor
and expense to their several degrees of superiority. Which is
the ordinary culture? Whoever maintains that the State is
not to derive benefit from the improvement of the cultivation
in soils of the same quality, must answer, the juwar. Then
must the assessment on all be reduced to that on the juwar? If
this theory were put in practice universally, the greater part of
the revenue would vanish, and India be lost.
ASSESSMENT OF LAND YIELDING VALUABLE PRODUCE.
[December 20, 1830.]
[The opinioxui expressed in the concluding part of the preceding extract
had been previously enforced by Sir Charles Metcalfe in the following
Minute, called forth by a despatch from the Court of Directors, declaring
the unwillingness of that body to allow lands yielding valuable produce, as
cotton, sugar, tobacco, ftc, to be assessed at a higher rate than other less
productive soils. The object of the Court was to encourage the develop-
ment of the resources of the country. To the objections raised on the score
of loss of revenue, they answered, " We are aware that when a tax is
abolished, the revenue which it yielded ceases to be received."]
The basis of all our revenue settlements is the acknowledged
right of government to a portion of the produce or crop of the
cultivated land. When this is not taken in kind, it is com*
muted for money; but the assessment is according to the value
of the crops which the land generally produces. In this way
the increase of the revenue and that of the agriculturist's in-
come, the demand of the government and the cultivator's
means of meeting it, all correspond.
If the meaning of the Honorable Court be, that assessments
are not to be made according to the value of the produce, or,
FEARS OF LOSS OF REVENUE. 267
in other words, that the assessment on land bearing raluable
crops is to be reduced to the assessment of land bearing poorer
crops, without any other change in the existing mode of assess-
ment, then, I fear, a great diminution of revenue must be ex-
pected.
If, on the other hand, it be intended that all land of a cer-
tain quality shall be assessed at the same rate, whether it be
cultivated with valuable crops, or poor crops, or no crops, in
that case, I fear, there will be a diminution of revenue from
the inability of the cultivators to meet the demand, and a great
transfer of land from the owners to speculating adventurers,
who will undertake to do what the owners cannot, and, conse-
quently, a vast destruction of property, happiness, and rights.
It often happens that a cultivating landowner is able to ap-
propriate a portion of his land to the cultivation of sugar-cane,
which is one of the most valuable crops ; but this being an ex-
pensive cultivation, he may not have the means of extending it
to all the land of the same quality, which therefore bears less
valuable crops produced at less expense. If the government re-
linquishes the customary assessment of the valuable crop, with-
out increasing that on all land of the same quality, there must
be a loss of revenue. If the assessment on all land of the same
quality be raised to a fixed standard, without reference to the
value of the crops produced, it may be much heavier than the
former assessment made according to the value of crops, and
the landowner may not be able to pay it. Then the collector
will probably off^r the land to a speculating farmer, and the
owner may be ousted from his land, to the destruction of his
property, his rights, his respectability, his honest pride, his
happiness, his comfort, and his subsistence.
The land revenue is the chief support of our power in India,
and it is dangerous to tamper with it. It is no less cruel to
destroy the rights of the cultivating class of our subjects. I
much fear that in one way or the other, if not in both, the
orders of the Court of Directors may do much mischief, if not
explained or modified so as to prevent such effects.
268 A88E88MBNT OF LAND YIELDING VALUABLE PRODUCE.
I do not think that these orders, whatever may be their
object, are either required or likely to be beneficial under this
Presidency. In lands under the permanent settlement they
cannot of course have any efiect. In lands already assessed for
a term of years, they will be inoperative, because, during the
period for which the settlement is fixed, the owners may culti-
vate whatever crops they prefer, without being liable to any
additional assessment It is only at the time of assessment
that the orders can operate, and then it appears to me they
must produce either loss to the revenue, or injustice to the
landowner.
As the Revenue Board at the Preadency, when we isne
the instructions directed by the Govemor-Greneral to be con-
veyed, may probably apply for expUnation, I am anxious that
we should know more distinctly the precise intentions enter-
tained by his Lordship, in order that we may endeayour to
give effect to them. I beg leave, therefore, to propose that
the matter be referred for his Lordship's consideration and
further orders.
If the value of produce is to go for nothing, and have no
influence in assessments, what system of assessment is to be
adopted ? What rules are to be prescribed for the details? I
believe all existing rates of assessment on land to be founded
on the estimated value of the produce of that land, varying in
various provinces according to various circumstances, but all
founded on the same basis, and having the same object If
the value of produce is to be put out of the question, what is
to be substituted? Is the lowest rate of land assessment to be
univereally adopted ? or the highest ? or a medium ? Do what
we will, the value of produce must be the groundwork o{ every
land revenue settlement, and I am, therefore, at a loss to com-
prehend the meaning of the Honorable Court's order,' which
proscribes it as a thing not to be regarded.
JURISDICTION OF THE CROWN COURTS. 26D
JUBlSDICnON OF THE CROWN COURTS.
IJpril 15, 1829.]
[The rerj able and important Minate from which the following passages
are taken is too lengthy to be given in its integrity. It was called forth bj
the contest then raging between the Supreme Coort of Bombay and the
Govemment of that Presidency — a contest provoked by the usurpation
of the former. The Minute contains an elaborate examination of the clauses
of the Charter constituting the Bombay Court, and defining its powers ;
and concludes with a suggestion for the amalgamation of the Supreme.
Courts of Judicature with the Company's Sudder Courts at the three Pre-
sidencies in a manner resembling the system proposed under the act of 1853.
The paper is altogether very characteristic of Sir Charles Metcalfe's simple,
but forcible style of argumentation. Of the circumstances which evoked it
there is scarcely any difference of opinion in the present day.]
It is necessary to determine \vhether, in matters of doubtful
dispute, the Government or the Court of Judicature at the
several Presidencies shall be supreme; whether the Government
must in every case submit to any exercise of judicial power
which the Court may assume; or the Court be restrained by the
will of the Govemmenty whenever the latter may be sensible of
political reasons of sufficient importance to induce its interference,
either to resist a new assumption of power, or to suspend the
exercise of one doubtful, or dangerous, which may have been
before admitted.
To me it seems quite clear that the supreme power ought to
rest with the Government; and that in any case in which the
exercise of the powers of the Court might be deemed injurious
270 JDRI8DICTIOK OF THE CROWN CODBTS-
to the safety or welfare of the State, the Government ought to
possess authority to suspend the functions of the Court, as re-
garding that particular case, and the Court be bound to ac-
knowledge and abide by the restrictive power of the Govern-
ment, pending a reference to superior authority in England.
In arguing for the possession of restrictive powers by the
Government in India over the Court of Judicature, I only
propose what, as I conceive, exists in every country in the
world — a saving power in the Government, for the benefit of
the State, over all parts of the governing machine, of which
the judicial department is one.
There is no danger to the national power in England from
an undue stretching of the authority of courts of justice. There
is no probability there that the courts can misunderstand their
functions. But if there were any chance, either of error or of
mischief, the Legislature is at hand to restrain or rectify.
What the Legislature is to courts of justice in England, the
local government in India ought in reason to be to courts here;
that is temporarily, and until the result of a reference to England
can be known. If not so perfect and satisfactory an instrument
of control as the Imperial Legislature, it is the best that can be
had on the spot. And unless it can be maintained that the
Government must submit, whatever may be the consequences,
to any extension of jurisdiction that any court of its own
pleasure may assume, it must follow that a provisional and
temporary restrictive power ought to be vested in the Govern-
ment; for it can never be supposed that a disgraceful contest
between the two powers, as separate and opposed to each other,
ought to be exhibited to conquered India to excite the anxiety
and fears of the well-afiected, and the hopes and ridicule of the
disaffected and hostile.
When such a contest commences, there are no means of
stopping it, in the present state of relations between the Govern-
ment and the Court. The Government cannot sacrifice its
subjects to an assumption of power which it believes to be
illegal. The Court, having once declared the assumption to be
NECESSITY OF A CONTROLLING POWER. 271
legal, considers itself interdicted from rejecting any application
founded thereon; and from listejiing to any compromise, or
suspension of the power. It regards and treats the members of
the Government as so many culprits, who are punishable for
contempt of the King's Bench. The feelings of the parties be-
come engaged in the quarrel. Each thinks it dishonorable to
yield. The Government will not give up its native subjects to
laws and jurisdictions to which they have never before been
held amenable. The judge conceives that he is supporting the
independence of the British Bench, and maintaining a praise-
worthy contest against lawless interference. The struggle is
interminable, and may be renewed continually by fresh cases
involving the disputed point.
At this immense distance from the control of the mother
country, there surely then ought to exist a local authority,
invested with power to put a stop to these unseemly conten-
tions. If it can be said, with any justice, that a court of law
may push its authority to any extent, and that no apprehension
of consequent mischief and anger can justify a government in
refusing obedience, then let it be determined that the Govern-
ment must in all cases submit to the will of the Court. It
would be better that the supremacy of the Court should be ac-
knowledged and known, than that room for contention should
remain.
There are, nevertheless, reasons why the supreme power
should rest with the Government, and not with the Court.
The political power of a state exercised by its legislature is
everywhere superior to the judicial, which is subordinate, per-
forming only the functions conferred on it by the former,
which are liable to any modifications that the legislature may
enact
Against this it may be urged, that the real legislature for
British India is the National Legislature in England, and not the
local government ; but, on the other hand, the local govern-
ment, performing locally the functions of political administra-
tion, approaches nearest to the representation of the distant
272 JURISDICTION OF THE CROWN COURTS.
home government; while the judicial court cannot properly
represent the legislative power.
Moreover, the occasions on which the Government and the
Court are likely to be involved in disputes are when the Court
is extending its own jurisdiction beyond its former limits, that
is, assuming powers not before exercised. The check, there-
fore, ought to be visited elsewhere; for we know from expe-
rience, that the Court is not likely to check itself, the ezerciae
and extension of power being at all times enticing to human
nature.
The Court in such cases may be said to be the aggressor,
and the Government on the defensive. It is more equitable,
therefore, that the Court should be required to pause, than that
the Gx)vernment should be compelled to submit to new assump-
tions.
No new assumption by the Court can take place without
drawing more within its jurisdiction our native subjects,
already amenable to other courts established for their protec-
tion. They can only look to the Government for defence
against the exercise of power by an authority to which they
have never considered themselves subject; they are entitled to
this defence; and the Government ought to have the power of
affording it.
The restraining power, contended for herein on the part of
the Government, should be exerted, of course, with due consi-
deration and forbearance, and subject to serious responsibility.
If it were deemed inexpedient to confer it on the subordi-
nate Government of each Presidency, it might be confined to
the Supreme Government; or the exercise of it by the subor-
dinate Governments might be subject to the confirmation and
revision of the Supreme Government, which course would
rectify the possible errors of local irritation, without impairing
the efficiency of immediate remedy.
Next to the importance of preventing unseemly contention
between independent British authorities in this distant region,
UNCBBTAINTT OP THE LAW. 273
by oonfemng somewhere the power of local supremacy, pend-
ing a reference to England, it is very desirable that the powers
to be exercised by his Majesty's Courts of Judicature, that is,
the extent of their jurisdiction, should be accurately defined.
Out of the want of clear definition and of general under*
standing arise all the disputes which take place; for respecting
the acknowledged customary powers of the Courts there are no
disputes.
It is unquestionably due to our native subjects that they
should be informed to what Courts and to what laws. they are
amenable. At present they are amenable to the Courts esta-
blished in the provinces in which they reside, and subject to a
modified code of native laws, both in civil and in criminal
matters; but suddenly, by some legal hocus-pocus^ incompre-
hensible to them, they find themselves dragged into the juris-
diction of a Court of English law, armed with tremendous
power, from which there is no reprieve; where they are beset by
unintelligible forms and bewildering complexities, and ruined
by intolerable expense.
It never could have been intended by the British Legislature
thai our Indian subjects should be amenable to two sets of
Courts, and two codes of laws; but such is now the effect of the
gradual extension of the jurisdiction of his Majesty's Courts,
some of the steps in which have been imperceptible, or at least
unnotioed.
When his Majesty's Supreme Court was first established in
Bengal, it was understood that its civil jurisdiction extended to
claims against the Company and against British subjects, and.
to claims of British subjects against native subjects in cases
wherein the bitter had agreed to submit to its decision; and its
criminal jurisdiction to British subjects and to persons in the
service of the Company, or of any British subject at the time
of the offence.
The establishment of this power, independent of the local
Government, was soon followed by disputes, disreputable in
their dxcmnstances, and dangerous to the public safety.
T
S74 jxTBiSDionom op the cbowk courts.
Hm Ooort hnd not been long in ^ exoram of ils 1
nhon it estandad ito pfaotaoil jmiediolion indjaeriwinately to
aS mtinB, Bodiing mote bebg nuuimiry to proeine a ^imt
againil my of dun tium an affidaTit that die pefson sned mm
widtin tlie jmis&tion.
nieooDeolion of rsvenne and the •dminiflntionof jialioem
llMpioviBoeB weiBolxtrciotedl^initiof HabeaeOorpaB; and
priaonen biought up by these writs were set at liberty l^ the
Otwtsi
Netthflr the gotwnment enrciaed by the Company, nor that
of Ae Newaub of MooiJiedabad, waa respeoled. Bodi weae
deobured aaboidinate to the Conrt. Had the aaarped powen of
the Court been allowed to prooeed wkhoot cheek or oppottdon,
the Ooferiiment maat haTO been destroyed*
The powers aaniraed, Ae pleas by wbidi they were main*
tainedy the tone of 8elfHmperiorit)r, and of contempt for the
local GoTcnunent, which mark the proceedings of die Goart
at that time, are remarkably nmikr to those wUdi appear
in the recent proceedings of the Court of Bombay.
The proeeiMlingB of the Supreme Court of Bengal having
been loudly complained against, its powers were restrained by a
snbsecpient enactment.
Since which, either from a better understanding of the inten-
tioaaof the Legislatnre, or fiom nnitaalmodefataon in govemots
and judges, or from the submission of goTemments to gradual
but quiet encroachments, xmlil the present contention at Bom-
bay, there has not been the same degree of misanderstanding
and dispute regarding the powers of the King's Courts ; but
it is evident, from what is now paaang at that Pxeajdency, and
fiom what has before happened, both at Madras and in Bengal,
that the seeds of dissension still exist in the undefined condition
of the jurisdiction of all the Courts.
The Courts at Madras and Bombay were estaUiahed at dif-
ferent periods subsequently to that of the estaUishment of a
Court in Bengal. The charter of the Madras Court differs in
some degree from diat of the Calcutta Court, although intended.
TMLwnrm nnosDionoai. 276
sfOPidlf « 10 ccmfiBr ooiy tbe ntte powea. Tho BomlNiy
dwrtcf M fcmiwiy I ppawmey on ihe model of tiiat of MadiM.
Baadoi jnnsdiedoii ofcr aU BritUi 8iibjectt» the Courtf h»ve
SB Mknonrledged jindbclklifln o^dr nathre aubiectt sMadiiig
iriduB Ibo uppointed Uiinli of tlio mffeaX citM dengiuKtod
PjBMdcjnciofc Hm duptHes wfaiek bvfe ooenmd, and ace
ISkBtf to ooonr, te&r to ibe eztanl of the Ccoita^ joiiadiclioii
arm Jativ wtjecti bejood thoie Unata.
We bam mcd enstWe of India^ lately a lervaiit of tke King
off Oade, bvt xettdiiig wkkm the Britiih firontiev for xefoge,
arrested on a fiibe allfgalion of debt, ttaoy hundied mdlea
away fiom Oakattat by an offioer of die Sttpfeme Court, and
plaeed m the power off hia piialwided eieditor and undoubted
enemy, on iome kgal fiolioii of hie being a conafcmctiTe inha*
bitant of QikwHa» in conaequence of dealingB with pattiea xe*
a£ng thexew
If aoch a plea bnnga natfrea within the juriadiotion of the
Sopxeme Oovrt, there is not anexcantile native rending in any
pert of India who ianotamenabley for all of them have eommer-
eial agenta or dealittgi in Galontta.
To call any one a constructiye inhabitant of Calcutta who
hae never been within many hundied mika of the place, what-
ever it jxmj be in law, seems an outnge against ccMnmon sense.
And to arrest maA, a one et thai difltance by a writ from the
Supreme Coort,-he never dreaming of his liability to such
jurisfiction, beu^ at the same time amenable to provincial
Conrts and provincMd laws^ must surely be considered as a gross
vioiataon of natural jnatioe*
It may be reasonably presumed that the L^pslature did not
intend to oonfisr such jurisdiedon on the Court ; but we know
dml it has besn assumed
We have seen property seised in the most remote provinces
nnder the Bengal Fkendency as the property of a bankrupt
firm of Calcutta, and made over whoUy to another firm of that
place, on a bond, although creditors of the bankrupt finuj and
Aimanta against it, were present in those provinoes; although
t2
S76 juBiSDicnoK ov the CBomx camoB.
the traasactioiis on which they daimed took pkoe in those pxo-
vinces; although the rexy pxoperty seised was piopeiiy theb
own, never having heen paid for; although they were entirely
ignonnt of the existence of those peculiar laws which at once
took away their property and deprived them of all means and
all chance of recovering any part of the debts due to them.
Ihe awe of the Supreme Court detened the local authorities
from attempting to maintain the right of the local creditora.
Can any one say that this is justice to our native subjects, or
that a Court a thousand miles distant ought to possess a juris-
diction so partial to the feW| so destructive to the mass?
We recently heard that a native, not residing within the
Court's jurisdiction, nor amenable to it, according to common
understanding on any other account, was to be tried before die
Sling's Court on the charge of a crime committed beyond the
limits of the jurisdiction, in order to establish the principle
that all natives, notwithstanding those drcumstancefl^ m^ht be
brought before the Court for trial I do not know how this
matter ended; but if the trial took place, it was certainly a
new encroachment, and will form a precedent for further ex-
tenrion of jurisdiction.
We have still more recentiy had occarion to observe, that
landed property in the provinces beyond the limits of the
Court's local jurisdiction is somehow brought within its juris-
diction, that it is decreed away from one party to another, or
attached and sequestered at tiie Court's pleasure, and that Euro-
pean officers of tiie Court are appointed receivers of the rents;
by which the regulations of the Government for the adminis-
tration of the provinces are set at nought It is the opinion of
the Advocate-General tiiat the Legislature did not intend to
confer on the Court the powers tiius assumed, but that they
have been too long exercised to be now successfully combated.
The instances above mentioned have occurred in tiie proceed-
ings of the Calcutta Court, where we imdoubtedly have able,
upright, moderate, and conciliatory judges.
What is here required is a clear definition of the extent of
nSUBPATIONS OF AUTHOBITT. 277
the CSouTt's jarifldictioii with rq;ard to native sabjectd xendotit
beyond the limits of Its local jurisdiction; and It cannot be
denied that this definition Is neoGBsaiy , unless It can be aflirmed
that it is just to expose our native subjects to the operation of
two sets of laws and of two Independent jurisdictions. .
The Court at Madras at one time assumed the power of exe*
cuting Its writs In foreign territories, acted on the assumption,
and attempted to justify It by reference to Its charter. This
erroneous conception of the Court's powers was reported to
England. The opinion of high legal authorities was given
against It, and communicated to the judges at Madras. The
pretension has not since been revived; but there is nothing to
prevent its renewal, If adopted by any judge In time present or
to come.
The Madras Court has assumed the power of destroying the
sovereign rights of the Government by decreeing to others
public revenue granted by the Company to an IndlviduaL The
exercise of this assumed power, if unresisted, might alienate In
perpetuity the whole of the public revenue, whlch^ In virtue of
its sovereign rights, the Government might grant In aseign*
ment under limitations as to time and persons. Moreover, the
sovereign acts of the Qovemment, in the disposal of Its public
revenue beyond the limits of the Court's local jurisdiction, being
once rendered liable to subversion by the fiat of the Court, no
security for the revenue or for the possession of India would
remain. A limitation of ttie Court's powers on this subject,
therefore, is also necessary.
At Bombay, the Court has, within my recollection, sent Its
baiUffi into a foreign territory to seize a subject of a foreign
Grovemment No pretension of this kind, I Imagine, could be
maintained by any Court. It may, therefore, be supposed that
the act was committed by mistake, owing to false swearing.
And It is remarkable, with r^ard to the proceedings of the
King's Courts In India, that any writ, however Injurious to the
Individual afiected by It, may be obtained by fitlse swearing.
Two persons have only to swear that a native Is liable to the
178 JTTBUDfOnOW OV TRM tSMOWW OOUBIS.
Oooptfi JiniididioiiyiadlMiiiqrbednggadtodie]
ftom Ui hoDM, diilMift a IhfnwMMl Bulii, i& • oonnliy aad
cKmiito extaemely diflmat, ahlKi^
degMe by kw aiMBibb to Am Conrt'i jandMoo. Tkb
matter, in joilioe to oar satiTO aalgodBy fleftebly dflianda a
ranedy. Such ara tlia fisnat or paolioa of Ao Oom^ that its
noit qMtlioDabla powen prior to trial wmf be wieUed with all
dirir iimifCibility , at the diaoetioii of tha attomay^ widi little
or no ohaok, or even knowladlga oa theptrt of tha jndgai*
Oaeof the powaia xeoaatlyaMiniad by the Court at Bonbiy
It iihat of rdaamBg natiTe oonTiotB oondmaaA aoeoidijig to lav
by tfaoPiroviBoial Courts. Thiapowar baiiiga«i]iDad,it]aoBly
ntntmmrj that one or two penoai awaar that aieh an one »
illegally confined, and forthwith ifisaes a writ of Habeas Gocpm,
addwed to the magiitrate of tha diftriot, or tha gaoler, or
aona officer of tha Provincial Court, ordering the bri^gi^g op
of the oonviot before the King*8 Oonrt Tb» retam, that he
has been sentanoed to imprisonment by tha Pioviaoiai Goiizt» is
not deemed soffieient The King's Court does not reoognise
the existence of any right in tha Ptorincial Court to punish.
It professes to know nothing of the powem of such a Coort
The PtoTindal Court itself most oome to trisl. It must be
proved to the sataa&ction of his Majesty's justices that soch a
Court ezists, and has power to pnmshf and that the GbTammant
has the right to institute such a Court; dse, without fiirther
ceremony, and as a matter of ooursSy the prisoner is released.
The exercise of this power by the King's Court, wiih regard to
prisoners sentenced by the Judicial Courts established through-
out the interior of British India, seems to be quite incompatible
with the independent existenoe of those Courts. Either the
King^s Courts ought to be restrained firom interfering with
separate judicial institutions which they cannot ^ciently con-
trol, or tiiey ought to be connected and blended with those
institutions in one united establishment for the due adminis-
tration of justice. Their interference at present is neither no-
oesMiy for justiosi nor, if necessary for that purpose, could it
IwcftcAiuil under the pnmt fytfeemoirer die immsBM extent
of teniloKy iolrjeot to Ihe Froviadal Coofti. li aniift now
toad to prodnioe miMhiefooB couateaodoii, to iMaag into ecn-
tompi Ihe looil Go^^anunent and ill judicial inarituia0nfl» and to
impair the adminifltnlaQa of juatioe.
Siadkr poweza were aanmed by the Eingfa Court when
first eataUiahed in Bengal FnaoneEi of the FtavzoGial Courts
weze then brought up in likemanner by wiitsof JQabeaa Corpos
andzdeaaad. Bui mnoe the powera of the Court wexereatiained
the pnetiee haa oaased* and its assomprion by the Court at
Bombay doea not profeaa to be founded on thoae pieoedenia.
Another power assumed by the King's Court at Bombay,
but resisted by the Goremment at that Presideney, Js that of
taking native wards out of the hands of their guardians and
bringing them to the Freadency to be disposed of at the
plaasme of the King's Courts neither the waids nor their
goaidians being subgect to its ordinary jurisdiction.
IF the Court possesses this power legally^ there is not a ward
in Bcitidi India whose affiurs may not be brought within its
jurisdiction : interested parties have only to swear that the
ward is illegally detained by his guardian. The whole native
property of our dominions may successively be drawn into the
chanceiy of the King's Court, the Court all the while ae^
knowledging that its ordinary jurisdiction does not eactend over
the parties. What is the difference, whether the jurisdiction
be called ordinary or extraordinary, if it be assumed and eacer-
ciaad. I£ it had been intended that the natives of India and
their property should be liable to the jurisdiction of the King's
Court, they would not, it may be presumed, have been placed
under a separate jurisdiction.
Every power exercised or assumed by the King's Court, or
any other, is of courae professedly and intentionally for the
purpose of rendering justice or redresong a grievance; but it
seems to be forgotten that an extension of jurisdiction over
those not before amenable to it may be oppreadon instead of
justice.
380 JUBIBDIOnOH OF THE OBOWH 00UST8.
Aoooiding to ihe present pnustioe of the Sng^B Gonrti^ a
lUtiTe of the snowy moantftins of Himalaya, not amenable to
the Court's juiiadiction, and utterly nnoonsdous of ihe errirtffiwy
of such a Court, may be dragged a distance of twelye hundred
miles or more to the swampe and jungles and stifling beat of
Bengal, merely to show ihat be is not amenable to jurisdiction,
and go back again, fortunate if his plea be admitted, and if be
do not perish from the contrast of climate.
If it be deemed really necessary that our native subjects,
wiihout regard to distance of readence, should be amenable to
a Court of ESnglish law, rules ought to be fiamed to let them
know clearly that they are so, or how they may become so.
But it ought never to be, that the jurisdiction should remain
undefined, and subject to unlimited extension, at the pleasure of
ihe judges.
Who does not know ihatit isnati^al to human frailty to seek
an increase of power? The judges are generally well disposed
to extend iheir jurisdiction. The banisters and attomeys of
the Court have the strongest inducements of personal interest
to urge the extension, as their profit and their livelihood depend
on the quanti^ of business brought within their jurisdiction. In
reason, the Court ought not to have the power of determining
its own jurisdiction. Tet it holds its power in tiiis respect to
be absolute and indisputable.
.... Enough^ I trust, has been said to show that we
are bound in duty to give to our native Indian subjects greater
certainty as to the jurisdiction to which they are amenable,
and greater security against liability to two independent juris-
dictions than they now enjoy.
With a view to promote this object, I shall proceed to
submit for consideration two schemes for the regulation of the
jurisdiction of the King's Courts in India : one to explain and
define it, under a supposition tiiat the Legislature has always
regarded the Bang's Courts as having general jurisdiction with
regard to British subjects; but, with regard to natives, a juris-
UABXIilTT OV EUBOPEANS. 281
diotaon limited accoiding to ckaBes and locality: the other, to
amalgamate ihe Sing's Courts with the Fh>yincial CQurts of
Judicature, in the case of its being deemed expedient to abo-
lish the existence of separate and independent juzisdictionB for
diflferent classes of subjects.
With refexence to the first of these suppositionsy ihe juris-
diction of the King's Court, regarding British subjects, as at
present understood, does not absolutely need alteration. They
are liable universally to both civil and criminal jurisdiction.
Only, as to acts committed in ihe territories of native princes,
it ought to be declared, in order to prevent the recurrence of
such A claim as was once set up by the Madras Court, that ihe
Courts ** have no legal auihority to cause writs or process of any
kind, issued against European-bom British subjects, or natives of
the British territories in ihe service of the East India Company,
to be executed by arrest of persons, seizure of property, or any
oiher compulsory method, within the dominions of native
princes in alliance with the British Government in India."
This was the opinion given by his Majesty's Attorney-General
(the late Lord Grifford), his Majesty's Solicitor-General (ihe
present Lord Chancellor), and ihe Honorable Company's Soli-
citor (Mr. Bosanquet), when called on in consequence of the
proceedings of the Madras Court.
The jurisdiction as to natives in ihe Company's service seems
su£Sciently defined, and may remain as it is. It is hard on
natives in ihe Company's service that ihey should be amenable
to two independent jurisdictions, and not obviously necessary;
but as the Legislature has declared them to be subject to the
jurisdiction of the Bang's Court, under certain limitations as to
civil suits, the case is clear, and the exercise of ihe power is
not open to dispute.
With respect also to natives, in civil actions, regarding
transactions in which they have bound themselves to be ame-
nable to the Court, there is no room for doubt.
But it will be necessary to define more clearly the jurisdiption
SIS JxjtasDnoiiOB of ms tiwra oottsib.
aver Ae BstiTO idttUtnte <if CbJemMs M^^
Aa* i^t over iMfebvs rending witlun tii6 1i^^
^iotkm of Ae Court St €idi RMdenoy.
Affitnal inhabitiiiliiritiiiii ihflie familiiiniBioCcoone ho oon-
adeied folly amenable in both dvil and criminal tnattoiii wdi
Ifco pnvikgOB, noferthoieaBi aa to thar own lawa and naagesy
fgoyided hj Aa Maotmanti of ifae T/^fllatBro and the ciiarteiB
ofiheCoatL
Pancna Tenfing elaewlieiei who may fimaeilj lioTa naided
vitiim tlia local Uflnli, nnat be amanaUa for aota ficwninittfid
during liiflir xeaidaooo within the Umits, but ought not to be ao
Hog aeta ccnimitled within the juriadiotion of the FtcmaatX
Courtly or daewhaset bqrond file local liniitB of the Boyal Ckx^
luuadJODOift*
Peiaona who haTe never xeaided within die limito ought not
to be liable to arreat, nor geneml^ amenable to the Cooita'
juriadidaon, en the plea of being inhabitania, on aooount of
tranaactiona of a peeoniazy nature within the limits in which
they may be aaid to have been conoemed. Nevertheleaa, for
pecuniary tranaaotionfl on their behalf within the linutB, any
pioper^ within the limits which snob penons may poaeeas
ougbt to be liaUey due notice being given of any aoitp in cider
that ihe party concerned may answer to it at hia option, or
allow it to be dedded on the evidence cf the plainti£ Bat
property beyond the limits ought not, I conoaiTO, in such cases,
to be liable to the Courts' juiisdictiony it beingt neyerthelefls,
liable to the jurisdiction of the province in which it may be
aituatedi for transactions within the jurisdiction of the King's
Court*
The liability of persons and property, with respect to juxia-
diclion, ought generally, I conceive, to be determined by re-
sidence and locality. The course sometimes pursued by the
King's Court would set such a consideration at defiance. /We
have seen, as before mentioned, a man arrested as an inhabitant
of Calcutta, at a distance of seven or eight hundred miles, who
never perhaps had been much nearer, and certainly never had
inliititBii>i &t ft niMr of iome ewiodfyieQt to him
fiom Chlaattft by thepig^ mho tMued aad fupadiikBiided Iub
OB llie pkft ihftt be wm an iabafaituift of OJciUte, in
) of baiiiig property sad «pployiag agente an cooi-
nerdal dealings. It seems absolntelyseoecMuy that onraal^
«il>J6et0 ihoidd be proteeted agamsleiieb i»N)oeed]n^
ptvpoM I bavB piopoied the leatrioliooa above stated.
With xispeet to tbe property of persooflv British sabjeots or
^hsn, by Uw fbUy emenable to the King's Court, their pro-
perty, wfaererer situatod withiii the British territories, musty I
eondade, be liable; but ^pvooess of the Court regaxdingtudb
ppopeity ought not to be executed by ite own officers, but by
the looal magistnte; and rules ought to be made to predude
iiie offioen of the Sing's Court from proeeedmg beyond its
loeal limits, and to make the local msgistifttes its instruments
fer carrying into efieet ile lawful orders regarding pexsoos or
piepeiiy liable to ite jurisdiction, although residing or situated
beymd the local fimite thereof. The aending of the o£5cem of
the King's Court into districte where there is another juria-
diction is useless in itself, and attended with considflrable in-
convenience and mischief by causing the appearance of a double
junadietion.
No natire ought to be dragged &om a distance to show
wheAcr he ia or is not liaUe to the jurisdiction of the King's
Court. It is a grievous oppression that persons not subject to
the jurisdietion may be arrested and brought before the Court
from any distance before they can show that they are not
amenable. This evil might be remedied by making the local
magistrate in each district the channel of executing the Courtis
write, and by giving him power to submit the excuses of any
native denying the jurisdietion, and to try a^d report on the
question of jurisdiction on the spot under the Court's orders,
mbiding, nevertheleaB, by the Courtis decnsion on his report
The decrees or write of the Kb^s Court ought not, beyond
ite own local jurisdiction, to interfere with the previous decrees
of the Provincial or District Courte of any other local jurisdiction,
S84 juxiBDicnoH or thb cbowh ooubis.
•8 Rich interferenoe musk luiTe ihe efiect of bringing tlie local
jurisdiction and the authority fiom which it ffman>tfft into oon-
tempi. Of coune no decrees of the local jurisdiction can set
aside those of the King's Court previously issued, if directed
against persons legally amenable.
It ought to be the duty of local authorities to bring to the
notice of the Government any instance within their juriadiction
of acts of encroachment by the King's Court beyond its known
and acknowledged powers. The GoTemment, if it entertain
the same opinion, ought to have the power of calling the at-
tention of the King's Court to the subject, either through the
Advocate-General or some other channel. The Court ought
to be bound to listen to the reference, and explain the grounds
of its proceeding; and if the Gkyvemment should, notwidi-
standing, remain convinced of the ill^ality of the supposed
eictenrion of the Court's powers, it ought to have the right to
appeal to the King in Council, or other competent tribunal;
and in a case which it may judge to be of sufficient importanoe,
the power of arresting the progress of the encroachment pen^dng
the result of the appeal
I now proceed to advert to the supposition of a change, by
which the judicature of India, instead of being divided into
separate and independent jurisdictions, might be ft^fl^gti^at**^
in one.
Such a change, when judged fit, it will be best to introduce
gradually.
The connexion between the two jurisdictions might, in the
first instance, be established^ by making his Migesty's Supreme
Court at each Presidency the highest Court in civil and cri-
minal judicature for all the territories of such Presidency, that
is, what the Suddur Dewanee and Nizamut Udalut is now.
In that case the Suddur Udalut at each Preadency might be
abolished, and its judicial duties transferred to the Supreme
Court, with such modifications as might be requinte.
PBOPOSBD AMALQAJCATION OF THE OOUBTS. 286
It would thea be proper that the selection of judges for the
Sxxpteme Court should be partly, as at present, from barristers
of the English, Irish, or Indian bar^ and partly &om judges,
practised in the judicature of India, and acquainted with the
language, laws, and usages of the natives.
It is surprising that a knowledge of any language spoken by
the natiyes has never been considered a necessary qualification
for a judge on the bench of a King's Court in India. There
hBBf consequently, scarcely ever been an instance of its being in
the power of a judge to understand what is said by the native
i^tnesses and prisoners; and this ignorance generally extends
to the banisters and officers of the Court, as well as to the
judges.
Supposing a Supreme Court to be constituted as above sug-
gested, much of the duties which the Bang's Court has now to
perform might be transferred to an inferior Court at each Pte-
mdency; the more important duties being retained in the Su-
preme Court.
The jurisdiction and powers of the Supreme Court might
be exercised everywhere through the local Courts and autho-
rities.
At first, the local Courts would have no more power or juris-
diction over British subjects than they possess at present, but
as occasions might arisci from time to time, for extending their
powers, authority ought to be vested in the Supreme Govern-
ment, in concert with the Supreme Court, under the control of
the Legislature, for conferring such powers as might be necessary
for the due administration of justice, and for modifying and
regulating the jurisdiction, practice, and proceedings of those
Courts as might be most expedient, securing to British subjects,
as much as possible, the enjoyment of their own laws, and
always the right of trial by jury in criminal cases, and extend-
ing ^e same right to native subjects as soon as it could be done
with the prospect of benefit, securing to them also their own
laws and usages; and when in contention, between two parties
286
JUlttlDiCl'XOH OW TBB OOWOOOBn*
of dimrani pttflQMKMiy any douMfiil point ihonig tBtn on ne
dtfkrenoe of kw% tiie pnfinoooe m^t W gitca to ikoi^of
the defieodant
It would be pMoompftiioui im me to tMoupi to dcoflribe aU
the subsidiaiy alteratioM tiiet nigb^ m titmjMi of tkna^ UOom
the change propoewl. All Aa* I aim st k to eonvej tbe itn-
prenioii tiuit sodi a change, if opver deemed deaaUe^ ni^
be effected hy a gradnal intoedoclion c£ bupnfnmtatp wbbomH
the eonyulaye deitniGtion of that ffitem of jeJicalMie ta which
oar mitiTe sabjeelB are aocuilomedr*
* After a li^M oC nesfy »(.
of a centuiy these consid^tionfl
forced themselyes on the minds of
of SUrGhad«Wood(^^
introdudng the new India BUI:
'^ We pfopOB^ iiho^ Hi [iBprofeaieiilr
in the emsttfcutioii of the Supedor
Courts of India. At present there
is the Queen's Ck>urt in each of the
Prendnncy towaa €oc the admioktn^
tion of justice to the English inha-
bitants; and there is also the hi^i^est
of the Compan^s Courts, composed
of Companf's judges, selected from
the civil sendee, aJled the ' Sudder
Adswlnt,' bemg sdbrtMitlaUf the
same Court for civil and enminal
justice, under different names. We
propose to oonoilidato thne two
Courts. We believe that the con-
stitution of both will be improved
by this smal^amatioB; we Move
that the addition of the Queen's
judges will introduce the improved
law and knowie^ wldoii they canr
from this eoimtiy into the CompanvV
Courts, and that the addition of the
Coi^aaqf'sjad^WMttiMpriftklaimn
from this oountiT will give tfiose
English lawyers wnat they
aoyMiatamiewith thoMnMn^and
habita. and kwv iA In£a. We pro-
pose tbat this Court shall betiieniti*
■ate Osuzt of sfpealin caokoftke
Preaidenciea from all other Courts^
and that minor Courts for the admi-
nistration of English bm, shall be
ia8titatedi&,eac£of the PxaaidMicy
towns, subject to an aopeal to the
ospenor txim winen, i nve nen*
tioned. We propose, also, that in
certain cases this Superior Court
shall hai« or^iaal JQnsdSetion, and
that the Wulgca sihafl be oocasioiialhf
employed by special commission to
try cansea in any part of vbc eonBtry.
We bdiere that tkM» xeforms will
be the means of introducing an im-
proved practice and tone inw afi the
iSowta o£ tba osontiw; sod m every
part of the coin^ there will be the
advantage of trifOs conducted on
Mmg oeeuBOBs bef ofe judgm ol tke
highest Court of Judicature."
KlSIfS JIED6BS.
387
lilAIIIVE JUDOBS.*
tJpraiS, 188I.I
I do not like the tenas ^^ Suddox Aumaen" and '^ Piincipal
Suddur Aiiim^en** as applied to natiYe judges; but as tliefonnec
la ertaUiahedy a&d. tlie latter is a consecinenffl of the former, I
shall aot urge any objectioiu
I dioaki ooncitf in the extenioa of the powecs of the Moonsifa
proposed bj the jndgea of the Suddur Udahit as£u as regards
natLYea only, bat as; long aa the judgea must be ezclusiveljr
natives, I am decidedly of opinion witk Mr. Bhmt that British
sabject^ European foreiguerBy and Amftrican Ghrisrian»^ ought
to be exempted from their jurisdiedon; and as Brxtisb subjects,
I would include the class of subjects of Eurq^ean descent calling
themselves East Indians. If Eurcqpean and East Indian British
* "Previous to 1831 there had
been Imt two cissses of nsnve jitdges,
wi& very Mnited powsn sad veij
small salaries. The hiffher class were
known as ' Soddnr Atuneens ;' tile
lower ss ' Moensiffii.' The Mooo'
siffii,^ originallj denominated com-
missioners, haa been appointed bj
Lad GbanrsQis to isliBTe the pns-
son on the Jhrnspean. jndces* In
1793 th^ were empoweredto deter-
nme sats rBhtiBg' to acooulsnDt
ennesding &0 nmees» In 1803 the
office of Bnddnr Anmeen was insti-
tnftedy witik a Jmiidictioii ezlsBdtnff
to suits of 100 ranees. In 19Sa,
after some intermemate enlargement
of the power of botii daiM» the
Moonsiib had been empowered to try
svfts extending to 150 rapees, whilst
the Soddnc Animen took eognisanoe
of cases to the amoont of 500 rupees.
In 18S7, the anthoritr in tiie latter
case had beea do«!Ued, and the
Soddnr Auneen* if so empowered
bj the Boddor Gonrt, had inxisdie-
tKMi orer esses gitesriing to 1000
mpees. In 1831, Lord William
Bentinck established a snperior dass
fli natiro jedJeial officers^ known as
Soddnr Aomeens>' with
I and higher salaries.'*
iOompofigJl Itiatotbe
joris£ction of these native jodges
that tUs paper rehto.
Hsloit
S88 NATtVS JUDQBS. .
sobgecta were eligible equally with mttiyes to ihe office of
Moonaif or Anmeen, I should not see the same objection^ as all
would then be on the same footing; but if the judges are to be
ezduttvely natire, the juiiadiction alao ought, I conceive, to
be exclusively over natives. The power of the Moonafr and
other native judges ought not, in my opinion, to extend to
any quesdon in which the revenue or interests of the State are
concmied. If thdr power does so ext»id by the regulation; I
should like to have it modified so as to preclude that power.
I do not dearly peroeive the object of the additional .adauae
suggested by the judges of the Suddur TJdalut. It can hardly
have reference to Mahomedans or Hindoos, because clause 2
gives to those classes the benefit respectively of their own laws.
If the additional clause refers to all classes, with the exertion
of Mahomedans and Hindoos, it seems to mean that while the
inheritance of Mahomedans and Hindoos is to be r^rulated by
their laws, ihat of Christians and all other dasses, European or
native, is to be determined by the "justice, equity, and good
consdence" of ihe Moon&f, he being dther a Mdiomedan or
Hindoa If this be the right interpretation of the dause, it
would, I think, be objectionable.
Although I should not object to an intermediate appeal to a
native judge, subject always to a further appeal to an European
judge, I neverthdess entirely concur in opinion with Mr. Blunt
and the judges of the Suddur Uddut, that the only mode of
maintaining an efficient check over the proceedings of the native
judges is to subject them to an apped to European judges. I
have, therefore, no difficulty in assenting to the propel tliat
all appeals from native officers should be heard and tried by an
European officer. And in one view of the question it is de-
sirable that the Courts of the native judges should be tribunals
exclusively for origind suits, and those of the European judges
ezclusivdy for appeals. But I do not think it necessary or
desirable to retain the Register Courts for this purpose, as
Registers and Acting-Registers will generally, I concdve, be
too young to be proper Judges of Apped.
QUALIFICADSOK 1P0& MIKOB JUDGESHIPS.
I entirely concur in the addition proposed by Mr. Blunt, and
should wish to extend the exception to East-Lidian Christians
of European descent
I am disposed to concur in the opinion of the judges of the
Suddur Udalut, that the offices of Suddur Aumeen and Prin-
cipal Suddur Aumeen, and I would add that of Moonsif also,
ought to be open to any person whom the Governor- Gteneral
in Council may consider duly qualified. If such an alteration
were adopted, it would considerably affect my opinion on other
clauses of this regulation, as then I should not object to sub-
ject all classes to Courts in which all would be alike eligible as
judges, want of due qualification being the only ground of ex-
clusion.
That part of Mr. Blunt*s concluding proposition which re-
commends that appeals from Moonsifs be heard and determined
by the Re^sters, depends, of course, in great measure on the
decision of the previous question, whether the Register Courts
shall be retained or abolished. Even if they were retained, I
should prefer that the appeals from Moonsifs were heard and
determined by the district and city judges, if that were not
impossible owing to excess of bunness in their Courts.
In the latter part, which suggests that appeals from Suddur
Aumecns and Principal Suddur Aumeens shall be heard and
determined by the Zilla, or city judge, with a special appeal ta
the Provincial Court, 1 entirely concur. If the Provincial
Courts be abolished, the special appeal might be to the Suddur
Udalut.
If the plan were adopted of making the Courts of European
Judges exclusively tribunals for appeals as (ar as regards suits
in which both parties might be natives, and the Courts of
Native Judges exclusively tribunals for original suits, it would
be necessary to revise all those clauses in this regulation which
limit the amount of claims to be tried by the higher native
tribunals. And if all classes were eligible as judges in these
tribunals, all exemptions from subjection to their jurisdiction
might be abolished.
u
SM juKuanoB or xhx fbotihgeal ooinafu
ABOUnON OF THE PROVINCIAL COUKES.*
The only part of the new arrangements for the civil admi-
nistzatiaQ of this Pxeadency on which I think it neoesaai; to
ifioard an J detailed observations, in addition to those which I
have already submitted, is the proposed abolition of the Pro-
vincial GourtS) whicli appears to have been left by the Bight
HonoxaUe the Govemor-G^eral as a question £(x the decision
of the Honorable the Court of Directors.
Although the continuance of the Provincial Courts is advo-
cated by mj honorable colleague Mr. Blunts for whose opinions
I entertain a very sincere respect, I must acknowledge that I
regard the abolition of those Courts aaa concomitant and essential
part of the new system about to be introduced*
When the Provincial Courts were established, they were for
the most part Courts of Appeal and Circuit with some original
jurisdiction in civil suits, and with the control of the police.
The judicial establishments below them consisted of district
judges, who were also magistrates, and of r^;isters and assistr
ants, all being European functionaries.
Without adverting to intermediate changes, it is sufficient to
remark^ that we are now transfening the duties formerly per«
* The ProTihcial Courts, or Courts of the judicial system of the couu-
ef Appeal in the ProrinoeB, esta- tir introduced by that ««l%i>^>-»«l
blishea bv Lord Comwallia, were nobleman, but aubsequentlj ooaai-
abolishedoy Lord William Bentinck. derablj modified and improyed by
This was part of an extensive reform orders from homs.
BfGBKAfUKD KSPENKTUBS. 291
ibmed by distnct judgei^ legislen, and amrtaiifB, to Bative
judges of thtee daaseB; tfasfc tlie doties of iq)peal and circiiit
axe to be entrusted ta tiie distnet judges; tbat the ma^strate's
offiee is to be joined to tliat of the coUector; and thai the
Gontitd of the police is iridi the oommumonexa of diviaon&
Tlfte Soddnr Udakii ia, as befoi^ the Supxeme Couxt, and
thexe does noi seem to be any plaee left fioi the FiovinGial
Courts.
Instead of the gradationa of aoistanty legister, district
judge, Pxovineial Conit and Soddnr Court, we shall have
Moonsifa» Suddur Anmeena^ Principal Suddnr Aumeens, dis*
trict judges with the poweia of Provincial Courts^ and two
Soddnr Gonrta instead of one
The dutiea of the district judges being transferred to the
native ju^es^ the district judges may be expected to be comr
petent to perCbrm the duties of the Provincial Courts^ and for
the dischai^ of those of the Suddur Court there will be two
Suddur Courts, one of whieh^ established in the Western Pro-
vinces, will appcosimato the powex of final qqpeal to the inha-
bitants oC ihat part of our torntories.
The foimer duties of the Provincial Courts having be«&
transferred to other fiinctioliaries, those Courts form no part of
the new system. New dutaes, intermediato between what they
fixmerly had and those of the Suddnr Court, might no doubt
be invented for them, but the system is o(»nplete without
them; it has aU ihe gradations that before ejdsted, with a.
Tariation of the designations of the functioDaries, and the
interventbn of Courts with new duties seems to be an unne-
cessary additional expense, which it is exceedingly desirable to
sv<nd. I have befoce expressed the apprehension, which I
continue to entertain, that without great care to avoid it, we
shall, in these intended improvements, run into greater expense
than has been anticipated. I shall not, indeed, be surprised if^
koBH the tenden^ of charges in all offices to increase, the
cxpenseof our civil administration under the new system be.
eventually greater than it haa ever been heretofore. I ant
u2
292 AJB/oidnas of ths fboyikcial ooubts.
therefoxe of opinion that the utmoet attention is neceaaaiy to
avoid any expense that can be dispensed with. Of this natnze
I consider the expense of the Provincial Courts. They do not
belong to the new system. If the native judges, the district
judges, and the Suddur Courts, which compose the new system,
be found inadequate for the administration of justice, it will
then be time to conader whether they can be made adequate,
either by a new distribution of duties, or by an increase in the
number of funcdonaries belonging to the new system, or by
the intervention of another class of Courts. The expense ne*
cessaiy to give efficiency to the system must be incurred, or
the system must be again modified. But to set out with the
intervention of Courts which, in the system proposed, have no
duties assigned to them, and for which, therefore, new duties
must be devised, would be, it seems to me, a voluntary and
premature increase of expense, which must be held to be unne-
cessary. I therefore regret, that while those parts of the pro-
posed scheme which involve increase of expense have been
carried into efiect without reference to the Court of IXrectors,
the only part which would have produced a considerable and
certain reduction has been postponed for further conaderation.
As this is probably the last occasion on which I shall have to
record any opinion on the plans which are about to be carried
into execution, I shaU take the opportunity to express my
anxious hope that they may succeed. It is unnecessary to say,
that the scheme is not predsely the one which I should have
recommended as best adapted for the government of our Indian
subjects, my sentiments on that subject being already on record;
but as an improvement on the system heretofore administered,
I trust that it will be attended with advantage. The transfer
of the powers of the Provincial Courts to the district judges,
with the Suddur Court over them, I consider to be a decided
benefit; and I have the same opinion of the transfer of the
duties of the European district judges to native judges, tmless
this experiment should fidl, which I hope it will not. The
establishment of a Suddur Court in the Western Provinces will
USE OF THE ENOLISH LANGUAGE. 293
also, I oonceive, be decidedly beneficial, piovided that the Fro-
Tincial Courts be abolished, — a measure which seems to me
to be indispensable for the economy of the hew arrangement,
and otherwise recommended by their forming no component
part of the scheme. If any local supervision over the district
judges, more proximate than what the Suddur Court could
maintain, were deemed necessary, the requiate powers merely
for the purpose of supervision of their general conduct mighti
I conceive, be conferred on the commissioners of divisions.
These powers would of course be restricted to certain points, in
order to preclude unnecessary interference in matters more pro-
perly cognisable by the Suddur Court, as well as to prevent too
great an increase of business to the commissioners. It is not
necessary to enter into details, as the proposition is not at pre*
sent before the Board. I only now notice the subject as sug-
gesting, without expense, the means of local Supervision, if this
alone should be deemed a sufficient object, which must other-
wise be provided for by the retention of an intermediate and
expenave authority, such as the Provincial Court.
USE OP THE ENGLISH LANGUAGE IN COUETS OF JUSTICE.
IMi^ 19, 1838.]
The English language seems to be the channel through which
we are most likely to convey improvement to the natives oi
India. I should, therefore, be disposed to promote the use ot
it as much as possible in our Courts of Justice.
The Persian, like the English, is a foreign language in India,
but having preceded the latter by some centuries, and having
been made the writing language of State business by the con-
querors who introduced it, is now &miliar to the generality of
well-educated persons; and the present race of native public
servants must pass away, and be succeeded by another dif-
ferently educated, before the Persian can be superseded gene-
rally in our Courts by the English language.
2M tJgB OV THE nraU 8H LAVQUAfflL
Wludh thaU iihimately be tfie oSdal kngDq[e for tcoovIs
10 a matte of ckoioe between two, es to India, foragn hat^
guagei; and ocnrndenng that tfie Englnh ean enpplj more
knowledge than the Perun, it desenres to be the ficroiite, be-
ddee having a chdm as the langoage of the gofernors of flie
oountrj; onJ pleadSngi and the examination of witneaeeB nraet
prooeed as now in the Temacnhr tongtie. For xecotd, lliej
may ai well be tnuulated into BngUah as into Peinan, when
the paUic officers have a sufficient aoqnaintsnoe with Ae former.
Then is one part of our jndidal proceedings wUcSi onght
always, I oonceiTe, to originate in English — that is, whaterer
written order emanates fiom die Enzopesn jndge. He ooglit
to write it with his own hand, and fiom his own head, in tiie
language in which he can best eapreao himself, which will of
conrse be his own. As long as the rest of the records are kept
in PeiBBan, the judge's English order, containing his own
reasoning, might be accompanied by a Pernan transhtion pi^e-
pared under his direction.
I concur in what my honorable colleague proposes to be issued
as instructionB to the Suddur Udalut. I should have no ob-
jection to go further, but do not wish to press such a course.
The papers will, I conclude, be forwarded in the first instance
to the Right Honorable the Govemor^G^neraL
ittteeeHaneous.
THE OTPICEBING OP THE INDLLN AKMT *
[/««Mpyl9.1829J
A DESPATCH {rom Bombay of the 22nd May, 1828, brought
a minate, Tecorded by the Honorable the Oovemor of that
Presidency, relating principally to the subject of rendering our
Indian Army more efficient, with respect to the number of
officers actually doing duty with regiments.
The same subject must have attracted the attention of every
one accustomed to reflect on the peculiarities of our Indian
Empire; and as it has often occupied my thoughts^ I venture to
offer the suggestions which occur to me, not with the presump-
tuous notion that they will be found free from objections, but
xmder a belief that a subject of such vital importance cannot be
too much discussed by those whose minds have been drawn to-
wards it.
The defect most frequently compltdned of in the Indian Army,
in the last twenty years, is the want of officers with re^ments,
which must proceed dther from there being an insuffidency in
the number of officers posted to each regiment, or from the
taking away of officers from regiments for employment in dvil
or staff duties.
An intended remedy for the evil felt has latterly been devised,
* This paper wba accidentally gestions it contains are too impair
omitted from its proper place among wt not to induce me to restove ii^
the Militarj Minutes; bat the sug- nnder the present head.
296 THE OFFICERINQ OF TH£ INDIAK AJMT.
by limitiiig the number of offioere to be withdrawn fitom ooips
for employment ebewhere.
But this limitation^ by the restraint which it imposes on the
Gbyenunent in its selection of officeiB for other duties, must
fiequently be injurious to the public service; and that part of
the regulation which compels officers, on promotion to the rank
of captain, to relinquish whatever situaticm they may hold
away from their regiment, if two captains be already absent,
appears to me to operate very hardly on the officeis so treated,
as well as injuriously to the public service ; for although the
power is reserved of making exceptions in cases in whidi the
public interests may seem to require them, that will not prevent
the frequent removal of officers from situations in which their
services are valuable, and whenever the power so reserved may
be exercised, it will be ascribed to favor, and give rise to general
discontent.
I conceive, therefore, that it would be much better to adopt
some plan by which the Government might be at liberty to
command and retain the services of any officer required for the
staffer civil employment, without affecting the e&deacj of the
Army.
And this object, it appears to me, might be accomplished by
a very simple arrangement; —
In the first place, let the complement of officers requisite for
actual duty with a regiment be fixed — whether more or less, or
the same as the present establishment — without reference to the
number that may be drawn away for general staff duty, or civil
employment, or any other exigency of the public service.
It is of essential consequence that the Grovemment should
have the power of calling away from regiments any officers
whose services may be required elsewhere, without any limit as
to number.
It is, at the same time, of great importance that this power
should be exercised without injury to the efficiency of the
Army.
And it is also very desirable that any plan designed to
OFPI0BB8 ON STAFF EMFLOT. 297
weeme that object should not interfere with tKe constiiation of
the Army, or the system by which promotion is regulated.
I hare premised that the complement of officers for a regi-
ment is to be fixed, without reference to the number that may
be withdrawn for other duties; but I will suppose the comple-
ment to include a provision for the absence of the usual average
number on furlough to Europe, or leave from sickness or pri-
vate a£Sur8^ and to be accordingly, to that extent, beyond the
number actually required to be present.
Wiihout presuming to othr any opinion as to the number of
officers that may be requisite with a regiment, I will, for the
sake of explanation, suppose the complement to be as at present.
Exclusive, then, of the colonel, or lieutenant-colonel com-
mandant, whose presence is never considered necessary, a regi-
ment may be said to consist of one lieutenant-colonel, one major,
five captains, ten lieutenants, and five epsigns.
Let it be supposed that several of these officers, no matter
what number, are required by the Government for public service
elsewhere, and withdrawn from the regiment
I have now to suggest the arrangement which seems to 'me
advisable in order to supply the places of those withdrawn.
The general principles of my proposal are, that officers with-
drawn from regiments should cease to draw any pay or allow-
ances as belonging to regiments, and should be exclusively
remunerated by suitable dlowances attached to the offices to
which they may be appointed, and chargeable to the depart-
ments to which these offices may belong ; and if, in consequence
of their being officers of the Army, it be necessary that a portion
of their allowances be drawn under the denomination of military
pay, that such portion should form a part of the remuneration
fixed for the duties assigned to them, and not be in addition
thereunto, and should not be chargeable to their regiments,
which should be relieved from all expense on their account;
that they should, nevertheless, retain their regimental rank, and
rise, with regard to promotion, precisely as if they were present
with their regiments ; that the regimental pay and allowances
298 THE OPFlCKimiO OF THB TSDUX ASHT.
wliioli ioey would oisw if premit wioi their v^giBiQaili flhoad
be reoenred by those -mho may pexfenn theb duties in coBe&-
qpxnoe of their mnovml; nd th«t the TaoMKnee oraaed in
xegiments by the withdrairingof officeni for other duties ehoidd
be supplied by supennnnenury offioen.
For exmi^ let it be supposed that the lientenant-coknd
be appohited to some sttuation on the general sta£^ or to sone
cinl office.
According to the principles before stated, he ifonld be paid
entirely by the allowanoes of die office to which he night be
appointed. His militaiy pay and sllowanoeSy as lieulenanlr
oolonel of his regiment, would be disposable.
In such a case, the major of the regiment, supposiag him to
be present, would haTC to perform the duties of lieutenantr
oobnel. I should propose, also, that be be allowed to receive
the pay and allowances of that rank, as acting lieutenant-colonel
of the regiment; retaining, however, the designation and Army
rank of major only.
The senior captain might draw the pay and allowanoes of the
regimental major, whose duties he would hare to perform, re-
taining only tihe designation and Army rank of eaptsin.
The senior lieutenant might be promoted to the duties, pay»
and allowances of captain, and the senior ensign to those of
lieutenant, each zetaining his own rank in the Army.
The vacancy caused by the removal of one officer from the
regiment might be filled up by the addition of a supennnnemy
ensign*
Sttppodng the lieutenant-colonel to return to the regiment,
or another to be posted to it, and join it, in consequence of the
removal of the former, in either case the major, the captain,
ihe lieutenant, and the ensign who had been advanced to
higher duties and allowances, would fall back each into his
proper place, and the supernumerary ensign might be posted to
any other regiment where there might be a vacancy.
The same process might take phuse whatever number of
officers were withdrawn from any regiment. The withdrawing
HfiHEFim OF TBOP06E1> 8TBTEM. 290
of field-officexs would adTanee captains, the wilikdrawiiig or
ad^fBnoement of captsim would advanoe fieutenants, and so on.
In like manner as the absence of offioers in other emploj^
ment would give to i3ioee remaining with regimeirts the adiraiW
tage of a rise in paj and allowances, the latter might also be
allowed to benefit by that portion of the allowances of officen
absent on furiongh, which by the regulations of iSie serviee
may not be drawn by the absentees.
In order to accomplish the plan suggested, it would be ne-
cessary to have in the Army a number of supemumersry ensigns,
equal to the number of officers employed away from regiments.
The supernumerary ensigns, while supernumerary! might be
disposable to do duty wi A any regiments where their services
were required. They might be promoted to ensigncies when
▼scant, and posted permanently to corps according to senionty
in the Anny. As supernumeraries they might receive the pay
and allowances of enagns.
By this plan, it seems to me, the following advantages would
be gained:
The Grovemment would be at fall liberty to apply the ser-
Tices of officers of the army wherever they might be most bene-
ficial to the State.
At the same time, the efficiency of regiments would be
maintained.
And the system of promotion existing would be preserved
without infraction.
By making every department and office chargeable for the
whole of the pay and allowances of officers employed therein,
there would be no temptation to apply the services of officers to
inferior duties, or to duties paid by inadequate allowances, on the
fallacious ground that they were partly paid by their regimental
pay and allowances — a eystem by which the State cheats itself,
stealing, as it were, officers from r^mental duty for other
services without supplying substitutes, rendering re^ments in*
efficient, and blincting itself to the actual expense of offices
held by military servants.
800 THK OFTICEIUHO OF THE TSDIAK IXHr.
The ezpenae of every office ironld be Tnanifewt SmteUe
ftUowances would be fixed for each tccoiding to its duties and
importance. Military officers would not accept such as mi^it
afford no adequate compenaation for quitting their regiments.
Some, now enticed away, would remain with their xegime&tSy
adding to the efficiency of the Army; and in any case the foil
complement of officers, those on furlough and le»ye excepted,
would be retained with every regiment by the nmpk prooesB
of appointing an additional cadet for evexy officer taken sway
from r^mental duty.
I am aware that» supposing the same number of offioeis to
be necessarily employed away from raiments as are now em*
ployed, with salaries equal to their present aggr^ate allowanoes^
and supposing the same complement of x>fficers to be required
with regiments that constitutes the present estabUahment, there
would be a considerable increase of expense in filling up r^-
ments with supernumerary officers; but, if necessary for the efli-
dency of the Army, the expense ought to be incurred, for it is
a mere delusion, and no economy^ to fancy that we are obtaining
cheap service because officers on staff or civil duty are in part
paid by pay or allowances to which -they are entitled as r^-
mental officers, or that we have officered regiments when we
have posted a certain number to them without r^arding
whether the complement is present for regimental duty, or
otherwise disposed of.
If the complement of officers now allowed be greater than is
required for actual duty, it might be diminished; but a system
is necessary which shtJl secure to regiments the full comple-
ment deemed requisite, without depriving the Grovemment of
the power of selecting officers for staff or civil employment in
any number demanded by the exigencies of the State.
Such a system, it appears to me, would be established by the
scheme which I have suggested; and this scheme, from its sim-
plicity, and from its not afiecting the system of promotion
established in the Indian Army, seems to me to be preferable to
other plans that have been recommended.
ADDITIONAL FIELD-OFFIOEBB. 301
The one wliich Sir John Malcolm appaxenlly advocates is
the foimation of skeleton regiments of officeis without soldiers.
This appeals to me to involve a complicated, and in other re-
spects objecdonable, arrangement. In its operation it would
assign to do duty with regiments officers of all ranks not
brought up with those regiments, and thus tend to prevent
that union between the European officer and the native officer
and soldier which is the result of continued intercourse and
connexion. It would also create rank without obvious duties
thereunto appertaining. And it would not completely provide
for the actual presence of a sufficient complement of officers
with each corps.
It may certainly be objected to the plan which I have sug*
gested, that it does not accelerate promotion; to which the
answer would be that it does not profess to have that object in
view. It is merely intended to provide with certainty a suffi-
cient complement of officers for each regiment, and does not
aim at any more general arrangement.
The acceleration of promotion is a distinct object, very de-
sirable for the army, and of great importance to the State, but
requiring distinct consideration.
It seems, however, a necessary part of any plan for securing
an efficient employment of officers to regiments, that at least
one field-officer should be present with each regiment, and if
that is not provided for on the present system, means ought to
be adopted to accomplish it ; —
Which might be done by an addition of field-officers equal
to the number required for that purpose. If the number re-
quired were equal to the number of regiments, the addition of
a field-officer to each regiment would be the obvious remedy;
but as that is not the case, the addition of a sufficient number
of extra majors to the Army might be substituted, which num-
ber might be increased whenever requisite.
The promotion to these extra majorities might take place
from the captains, according to seniority in Army rank, with-
out interfering either with regimental promotion as now ex-
302 THE OFFICBlUHa OF THB llEDIAK ABMX.
ktingf Of vitk the right of those oflken to succeed to the
yegimeatftl majoritiea of their own s^^ents when, vacanti
which thejr might do without kwing the edvantage in Arm j
lank of their prior promotion to an extra myoiitj. The
tiansfisr of an extra major to a zegimental majority would cauae
ai faoancj among the extra majoxSy to be filled np hj the pro-
motkm of the aenior captain in the Army.
. The eztca majon would of conne be available tor duly with
segimenta not haTiBg any field-officer presents
If iibeaaidthat one field-officer with a rqpment is not suffi-
cient, and that there ought to be at least two jMscseat, a Hen.
tenant-colonel and a major, the same scheme o£ extra majors
■ifl^t be extended to the nomiBation of cxtm lieutenant-
colonela. The ftdtantage oS the scheme is, that it is cspable of
expansion to any extent, or of beiii^ gradually b»Might back
within any limita, according to the aetaal exigencifls of the
pnbUc senrioe.
It is desirable, however, that regimental fidd-officeis should
have every poosible inducement to remain with tfaeb corps.
The moK adimntageooa their r^^entaL sitoaliona be rendered
in comparison with other offices to which they might be digibles
die better the efficiency of the Army will be provided for.
The plan of making every office responsible for the aggr^te
sUowancea received by the inenmbeBt, and of rdieving regi-
ments firom every chai^ge on account of officers absent on other
employment, would aid in some degree in prodacingthat effiact;
for each office would of coarse have only such allowances
attached to it as might be deemed equivalent for the services
rendered; and there would be less temptation foe officers of the
highcar ranks to seek unsuitable employment. Fidd-officers
would have no encouragement, fit>m the higher pay of their
rank, to remain in situations fitter for wytsiiw or subalterns.
This object is at present in some degree provided for by
rules whijdi compel the relinqmshraent of certain offices on
promotion to certain ranks, and as fiur as it may be desirable to
retain these roles, tiiere is nothing in what I harre sc^gested
that would clash with them; but the compulsory relinquish-
BEGIIIENTAL ALLCnfAHCBS* 308
neni of an office must slways be disagreeable, and it is never
desirable that increase of rank ahould be attoided wi^ disadi'
irantage* It would be betler that ihe retinquishmcnl of office
should be voluntaiy, in Goiiseqiienee of the greater advantage
of militaij ccMnmaiid or regimental dntj in ibe higher ranks ;
and by whatever means thia object eonld be aceomplishedt the
^idenqr of the Army would be thereby greatly increaaed.
To the utmoat extent thai it may be piadacable^ oonsislently
with finamrial security^ to angmeni tbeaUowaneea of regimental
ooflunand and duty, the efficiemsy of the Army would be pro-
moted by so doing.
I have ofiked these remarks for consideration along with
those piesented by others on the same subject, and not with sdj
pnanrnption that better schemes may not be devised; but there
ia a part of what is herein suggested that mi^t, I conceive, be
earned into execution at once, with benefit to the Army and the
State, and without any ground of objection that ought to pre^
vail i^gainst it, unless our pecuniary difficultka be such as must
abaokitely pcedude its adoption.
Many officers absent from their regiments, and enpkyed in
civil duties, do not draw their militazy aDowanees, whidi are
in oonaequenoe saved to the Staicy while their r^imental
duties are pttfonned by other offioexsw Thcie seems to be no
valid reaaon why the offioen perfoeming the duties diould not
draw the uBapprojwiated allowaB]ce& Foe instance, if the
ma^or of a regiment be absent in an employment in which he
zecidves a civil salary and his military pay, but not his military
allowances, it would appear to be very proper that the senior
q^ptain present i^uld draw the allowances not drawn by the
miQory that the senior lieutenant should draw the captain's
i^wancea,. and the senior ensign the lieutenant's^ those of the
cmsign being aaved. A similav pioceaB mi^t take place with
r^ard to other instances of unappropriated aflowancea in the
regiment,from the absence of offiem either in civil empk^yment,
or on furlough, or on leave, whenever, in short, regimental
allowances, wholly or in part, may be left disposable.
This arrangement would improve the situation of regimental
304 THB OFFIOSRIKO OF THB INBIAK ABMT.
officers, without any extra expense on the part of OoTemment
that could properly be so considered^ for, when regimental pay
and allowances were fixed, it could not have been intended ^t
the duty should be performed and the allowances unpaid.
This boon to the Army, coming after the reduction of certain
stations to half-batta allowances, might serve to allay, in some
degree, the distress and disappointment caused by that measure.
I wish, indeed, that we could have granted the boon without
the previous reduction; but as it has been our painful duty to
carry the latter into efiect, in obedience to the reiterated orders
of the Court of Directors, it seems to me to be the more incum-
bent on the Government in India to grant every reasonable
indulgence and advantage, in order as much as possible to re-
compense the officers of the Army for the retrenchment from
their small allowances, to which they are immediately or even-
tually exposed by the operation of that unexpected and dis-
heartening measure.
I know not what increase of actual expenditure such an
indulgence would cause, but if it be so considerable as neces-
sarily to deter the Grovernment, on that account alone, from
adopting the proposal, we must then acknowledge the melan-
choly and alarming &ct that we are not in a condition to main-
tain our Army even in that degree of efficiency which its present
institutions were intended to accomplish; for it never could
have been originally designed that regimental allowances should
be undrawn, and constitute an indispensable saving. Diminu-
tion of escpenditure from that source could not have been cal-
culated on.
I therefore venture to propose, for the consideration of the
Oovemor-General and the Council Board, that regimental
allowances not drawn by absent officers be granted to those
present in the next rank, according to seniority: — ^thoee of
lieutenant-colonels to majors; those of majors to captains; those
of captains to lieutenants; those of lieutenants to ensigns.
TAX ON SUCCESSION. 305
"NTJZZUBANA"— TAX ON SUCCESSION.
lOdober 26, 1828.]
I am about to offer some remarks on Sir John Malcolm's
plan for levying a sort of fine, under the designation of Nuz-
zurana, from assignees of public revenue, on the succession of
heirs.
If we have rightly construed his design in supposing that
the extension in perpetuity of revenue assignments, which
would otherwise, by right, lapse to Government on the demise
of incumbents, is therein included, the plan, in that case, con-
tains two separate proportions, so distinct, so different, and so
opposite, ihat they manifestly require separate consideration,
and ought not to be confounded together.
One is to levy a tax, in the shape of a fine, on succession to
revenue asngnments, the enjoyment of which, according to our
easting practice, would of course descend to heirs in perpetuity,
without the payment of any tax, fine, or nuzzurana whatever.
The other is, to continue in perpetuity the alienation of
state revenue, which would otherwise revert to Government^
relinquishing the lawful right to the whole, and accepting, in
lien thereof, occasional payments, at distant periods, of a small
portion.
The enjoyers of alienations of state revenue may be divided
into two classes: those who have an acknowledged title to the
continuance of the enjoyment in their families during the ex-
istence of lineal heirs of the original asdgnee, and those who
X
906 ** NX7ZZUBAHA*'— TAX OV 0I7OCE88IOH.
hold only for lifei or under other limitatioiui which fix the
period for the termination of the privilege.
With respect to both dasBes, the aangnment is liable to an
eyentual lapse; but with r^^ to ihe latter, the lapse is certain
in a limited period; while, with r^;ard to the former, it is un-
certain, and the alienation of revenue may be perpetual
It has not been the practice of our GoYemment to grant
alienationB of revenue in perpetuity. Where they exist under
our rule, they axe continuations which we have allowed of
grants received from a former governmenti and other correctly
or erroneously supposed to have conferred a perpetual or here-
ditary tenure.
For my own part^ I cannot conceive a more legitimate subject
for taxation than the possesdon of a perpetual alienatioii of
public revenue held under the grant of a precediDg government.
It is necessary, for the apprehension of my meaning, to con-
dder under what ciroumstances such a grant was made^ and
under what circumstances it has been continued.
It was not originally a gratuitous grant Personal servioe
was to be rendered. Troops were to be furnished according to
the extent of the assignment. The native government was
supported, not weakened, by the arrangement; and in addition,
nuzzurana or fine was payable on succession, and on other
occasions.
What follows? We come and conquer the country. Tlie
holder of the tenure has done his duty ; he has been our enemy,
and fought against us. All alienations of revenue property
lapse to the conqueror. We have a right to consider this aa-
ngnment as having lapsed. Instead of which we confirm its
continuance. This is very generous, no doubt ; but it ia a
gratuitous waste of revenue, and one of the causes why British
India is likely to sink under the pressure of expen^ture ex-
ceeding income.
The sacrifice of revenue was not without a return to the
Native State, Perhaps the original grant conferred a reward for
past devotion, by which the State had benefited. Anyhow, it
ALZSHAHOHB of BBTSimB. 307
by flerrioey byatteduneni, byfaiihfiil rapport
It dsD took its ooeanonal nozznmui.
With IIS tlieaUeiiatioa of revemie is a perfect sacrifice. We
either neglect the condition of serrice altogetheri or it is to us
uselesB and insignificant. Nuzzorana is not required, because
it is not included in our regular system. We receiye no return,
and the loss of rerenue deprives us of the means of paying
those who would fight our battles and maintain our empire.
I am therefore of opinioa that there is no other class of our
sal^ects so peculiarly fit for taxation as the holdem of aliena*
tioos of state revenue.
I do not think it necessary to examine minutely Ae difierent
descriptions of peisons who hold the hereditary alienations
which we have confirmed. Of all, it may be truly said that
they are drones who do no good in the public hive.
I do not profess that I would have recommended resumption
in every case. But we had a clear right to resume all aUena-
tions dp revenue; an4 having, instead, continued them, it
appears to me that we may very justly call on the holders to
fulfil towards us a part of the obligations which the existence
of the awignminits enjoyed by them impHes, and which they
would have had to observe towards any native government.
The payment of nuzzurana would undoubtedly have been
one of their obligations; and, although the measure is new
witii us, it is not liable to the charge of innovation witii them,
for it is one which is in general use under all native govern*
ments, and especially on succeanon to possessions of any kind.
It would, therefore, be the least unpali^ble mode of imposing
a tax, and would be scarcely felt as a grievance on the occasions
on which it would be levied.
Sir John Malcolm, indeed, is of opinicm that the impcntion
would be reoeived as a benefit, and confer confidence and se-
curity. Even that, I concrive, is possible; for the very gra^
tuitous indulgence which we have conferred on the holders of
hereditary asngnmcnta of public revenue, so difbrent firom
what they wece befofe accustomed to^ may not unnaturslly
x2
808 ^ inTBSUBAKA'*--TAX ON SUOCESSIQir.
bftve ezdted an alann that sach a boon cannot be lasting,
which the impodtion of nazEorana on hereditaiy wicy^uwi^m
might tend to allay, aa indicating the intention of taking acMne
leoompense for the booni instead of ultimately xesoming it alto-
gethsr.
I am, for the reasons above stated, entirely di^Msed to concur
in Sir John Malcolm's proposition for levying nuzznnma on
suoqealdon to all hereditaiy asngnments of pablic revenue;
and shall be glad if the Oovemor-General and the Council
deem it expedient to authorise the Oovemment of Bombay
to carry the measure into effect, as &r as concerns the hoIdetB
of perpetual asngnments in the territories of that Prendency.
But the extension of life grants, and their convernon into
perpetual hereditary tenureSi is a very diffisrent question.
Viewing it as a financial one, it is manifest that this pro-
ceeding would be perfectiy injudicious. By adopting it, we
should be sacrificing an annual revenue, and taking in lieu
one year's portion of it, or less, on the demise of sssignees — a
very small part instead of the whole; a miserable percentage
It would be as if it were proposed in England to continue
in perpetuity pensions granted for one life, on condition of
payment of a portion of one year's income at the succession of
heirs.
Solely, thereforej as a financial question, this proportion
ought imdoubtedly to be rejected: and I have not quite per-
suaded myself that Sir John Malcolm has meant to advance it;
altiiough I must acknowledge that some expressions in his
minutes seem to warrant such an inference.
The advantage of tiie proposition, if it has any, must rest
exclusively on political grounds; and these, I imagine, will not
be found to be very strong.
It may be supposed that we shall conciliate and attach to
us, by ties of gratitude, the individuals benefited by such a
boon, and that tiie act would be generally popular.
The same might be said in favor of any otiier gratuitous
donation firom the public treasury; but we cannot afibrd to
ALIENATIONS GF BEVENU^, 309.
puichaae by sacrifices of xeyenue a precarious and unavailing
popularity even if such should be the consequence; which is
not only not certain, but very much otherwise.
Our dominion in India is by conquest; it is naturally dis-
gusting to the inhabitants, and can only be maintain^ by
military force.
It is our positive duty to render them justice, to respect and
protect their rights, and to study their happiness. By the
performance of this duty, we may allay and keep dormant
their innate disaffection; but the expectation of purchasing
their cordial attachment by gratuitous alienations of public
revenue would be a vain delusion, sure to be attended with
fatal disappointment if the experiment were carried to any
great extent, impossible, indeed, to be acted on universally,
and useless, insignificant, and incongruous on a small scale.
We cannot ^pense with our lawful revenue. We are even*
bound to increase it by all just means, in order to meet and
keep pace with our excessive and increasing expenditure. On
political grounds, therefore, the revenue of an asngnment,
which has justly lapsed to Government, is of more value, in
my opinion, speaking generally, than any probable consequence
of the gratuitous continuance of the alienation in perpetuity.
Decidedly preferring the use of the revenue for the mainte-
nance of our dominion, to any supposed political advantage
expected to be derived &om its sacrifice, I nevertheless protest
against being deemed an enemy to a liberal consideration of
just claims, where claims do really exist; but I cannot admit
that the mere possession of a gratuitous boon from the Oovem*
ment confers on the heirs of the favored possessor a claim to
its perpetual continuance. When was it ever agreed in Eng-
land that the grant of a pension for one life, or any number
of lives, even in reward of the greatest public services, con-
ferred a claim to its continuance in perpetuity ?
According to the principles which I have endeavoured to ex-
plain in this minute, if it rested with me to propose the terms
of a reply tQ the Government of Bombay, or Sir John Mai-
SIO ^ 2nJZEinUXA*'*-TAX OH SUOQMnOV.
oolm'a pioponlioii for levying nnmnaia, I AonU adtoeifte
ihe tranimJMnon of inftradioiif to the fbUowing eflbci:
let To leyy iuisnixaiia» agieeaUy to Sir Jobn Muloolm'e
pliii, on all alJBDatiopa of paUio xeraaoe acknowledged to be
horeditaiy.
2nd. To resume, at the period prescribed by the gt^^tfug or
confirming <»der of tbe British Govomment» aU aKfnatJcmff
which are eventually to kpae to Government.
Srd. To take into oondderation all doohtfiil caaei^ and deal
with them according to the instructions prescribed fiir thai of
the two above^nentianed classes to which th^ nay
justly be assigned.
CO0IKSUOH0VCK>YXB]rMXin!8BBTANT8WITHTEmFBB8& 311
GONKEHON OF G07ERNUENT SEEYANT8 WITH THE FKBSS.
iJkem6er99,lS2SJ}
I have the honor to concur in the Govemor-G^enerars pro-
posal for the nomination of Mr. Grant to be Superintendent of
the Government Press; and I trust that the reasons which in-
duce his Lordship to recommend this deviation from the orders
of the Court of Directors will sati^ the Honorable Court of
its e3q)edlenc7.
I cannot refrain from availing myself of this opportunity to
express my regret at ihe tenor of those orders, which entirely
exclude the servants of the Company from any share in the
exercise of the power of the Press.
Hiat no person in high official station should have any share
in the profits of a newspaper, or any connexion whatever with
the polidcal Press, seems to be perfectly proper and unques-
tionable.
But that ihe only class of persons who feel any interest in
the Company's government should be utterly precluded from
the employment of their talents in the operations of the Press,
appears to be very impolitic.
The Press in India, although not free from restrictions, is
Boffidently free to make it desirable that it should not fall ex-
clusively into the hands of those who, however loyal as British
subjects, are disaffected towards the Honorable Company; and
that it will be generally engrossed by such persons must be the
natural effect of precluding the servants of the Company from
taking any share in it.
Since the enactment of the local law by which newspapers
are printed under a license, revocable at pleasure, the proprietors
and editors being responsible for the contents, it has been found
expedient to admit a considerable latitude of discusdon; nor
312 comnszioirorGorxBKMBHTSEByAimwiTHTHBPBEas.
can this be avoided wiihont adoptixig one of two
either employing the extreme meesuxe of extinction on eveiy
construed breach of regulation^ which would be hanh and
ezdte popular dii^gust, or entering into a continual ezportola-
toxy and inculpatory correspondence with the editors, which
would be quite derogatory and disreputable to the GroTemment,
and much more likdy to bring it into ridicule and contempt
than any freedom of discussion.
I take it as uniTersally granted that the Press ought to be
free, and subject of course to the laws, proyided that it be not
dangerous to the stability of our Indian Empire.
Should it ever threaten to become so, the local government
ought imdoubtedly to possess the power of protecting the safety
of the State against this or any other danger, from whatever
quarter it may proceed; because it is impossible in this distant
region that we can be protected on emergenqr by any enact-
ments of the mother country.
But at present there is no symptom of danger fiom the free-
dom of the Press in the hands of either Europeans or natives;
and the power 'being reserved to provide^ for the pubUc safety
against any danger by which it may at any time be menaced,
to crush what is in itself capable of great good from an appre-
hension that it may possibly under circumstances as yet uncon-
ceived be converted into an evil, would be a forecast more
honored in the breach than the observance.
Aiguing, therefore, on the supposition that the Press is
abready in some degree free, and that it is not desirable to
strangle its growing libertjr, the exclusion of the Company's
servants from taking a share in the exercise of the power which
that engine wields, appears to me to be the very reverse of expe-
dient; and I much regret that the orders of the Court of Directors
have not left employment in the Press open to all their servants,
excepting those in high official stations, and especially to
gentlemen in the medical line, on the indispensable condition
that such employment should not be allowed to interfere with
the due discharge of public duties.
THE OOYBBMOB-OBinBBAL AKD HIS C0T7KGIL. 313
THE GOYERNOIL-GENEBAL AND HIS OOUNCIL.
IMareA 5, 1830.]
I have the honor to concur in the aentiment expressed by
the Grovemor-Gteneral in the minute which has this day been
read in Council, as to the expediency of giving authority to the
Supreme Gtovemment to move from the Presidency, whenever
its presence may be required^ in any of the provinces subject
to its rule, or in any of the territories of dependent States. I
intend, however, to confine my remarks to this question, and to
treat it generally, without entering on the wide field of discus-
sion presented by the several topics touched on by his Lordship
in support of his argument.
I do not propose to advocate the permanent removal of the
seat of government from Calcutta to any other quarter. The
enormous expense which would attend such a measure appeals
to me to be a decisive objectioh against it; and I am not aware
that the speculation has ever been seriously entertained with
any view to its practical execution.
But I am thoroughly convinced, that whenever the public
service requires the protracted absence of the Governor-
General from the Presidency, excepting the case of his pro-
ceeding to another Presidency, or commanding an army in the
field, he ought to be accompanied by the Council. In other
words, that the Government ought, in any case, to remain
united, and as complete as possible, and not be divided into
separate authorities, acting with ill-defined relative powers.
The provision of a Vice-President in Council must originally
have been designed for the case of the Gt>vemor-General's
absence at another Presidency, or beyond the limits of his own
S14 TKB QOTBBKOfrOXHBBAIi AKD HI8 COXmClL.
Frendenojy when he ceases to exercise the fimctioiis of local
govenunent In such a case, the Yice-Fresident in CSonncil
becomes the local govenunent of the Bengal Pieside&cy, and
beais nearly the same relation to the Supreme GoTemment
that the Governor in Coimcil of a subordinate Predden<7
bears xmder ordinary drcnmstances. In the cases supposed,
the Supreme Govenunent is either tmafisixed with the person
of the Governor-General to another Presidency, or is vested
solely in his own peison, wherever he may be.
' Ihai the nomination of a Vioe-President in Goancal was not
originally calculated fx the absence of tiie GovemoF-Genenl
within the territories c£ hb own Pkeodeney^ is diown by the
remarkable fiict ibat no such provioon is made at either of the
subordinate FresidenGies, although the absence of OoremoiB
fiom tiie seat of government has been firequent. In etery
other respect, the constitution of the subordinate goveraments
resembles that of the Supreme Government, and if the office of
Vice-President had not been intended to provide for the abeenoe
of the (jovemor-General at a different Presidencj, it is reason-
able to suppose that a nmilar arrangement would have been
established at the other Presidencies also, and that it was only
thought unnecessary at the otiier Pretidencies, because a snboi^
dinate Governor could not, like the Gbvemor-General, remove
himself to another Presidency, and exercise his proper functions
at the head of the Council of that Presidency.
The first instances of the nomination of Vice-Presidents in
Bengal will be found most probably to have occurred on occa-
sions of the nature before described. It seems afterwards to
have become customary on any absence of the Govemor^Gene-
ral that promised to be of length. But the powers to be exercised
by the Governor-General, and by the Vice-President in Council,
separately, in the Government of the Bengal Presidency, are not
clearly defined, which makes it the more likely that this double
government of the same Presidency was not the case contem-
plated when the nomination of a Vice-President was projected.
It seems to be undeniable that the government of a vast
P0WXB8 OF THE QOTBBHOB-GXnBBAL. 315
teniioiy, like tibat which is under the Bengal Flrettdency,
ought to have the power of performing its fimctiottB wherever
it oaa be most advantageooflly ezerdsed for the public good,
and it most often happen that this wonid be at places remote
ficom the seat of government.
It is true that ibe OoTemo^*General has the power of
moving; bat if it is salutaiy that the Gbvemor-General should
have a Coanoil to aid him in the ordinary transactions of go-
vernment at the IVeodency, it mnst be salntaxy also that he
should have the same asnstanoe when called to a distant part
by important eTigendes of the public service.
It is to be remembered that the Governor-General carries in
his own person the Supreme Government, and the practice has
always been, during the absence of the Governor-General finom
the Presidency, that matters of peace and war, and political
nq^tiation — ^matters on which our existence as a pown in India
may at any time depend — are under his peculiar and exclusive
controL How can it be ihat the same law which has declared
the deliberation of a Council to be necessary for the adminis-
tration of his goYemment in the most ordinary affidrs, should
mean unnecessarily to deprive him of that assistance, or to
remove that cheek, when the most important measures are to be
undertaken? The law which has given full powers to the
Governor-General, to be exercised in his own person, was
sorely calculated for a case of necesnty, when the Council
could not be with him« It could not have been intended pur-
posely to separate him £rom the Council, when there was no
real impediment to their being together.
The law which, for the public good, confers on the GrovemQr>
General the right of acting against the opinion of the Council,
does not dispense with the presence or deliberation of that body.
In short, it is manifest that the Grovemment provided by the
L^islature for India is a^ Govemor-Gtoeral with a Council,
and it is equally dear, that to prohibit his being attended by
the Council, when required by the exigencies of the public
service to quit the Presidency, is to declare that he shall rule
316 THE GOVBRHOB-GSinqUL AHD HIS OOUHCH..
this TWt empie as an autocrat, without a Council, m palpable
oppofiidon to the intentions of the Legislatuie.
The Council of Bengal is desngnated " The Supreme Coun-
cil,*' from the supremacy which this Preddency exerdses oirer
the others; but from die moment of the Govemox^Genaral's
departure from the Presidency the supremacy of the Council
ceases. The supremacy accompanies the Governor-General, and
the Council becomes practically a mere local Board, neitiier
ezercimng the supremacy OTer other Prendencies, nor that of
government over its own — the supremaqr and the govemment
are both gone. The power, the efficienqr, ihe usefrdness of
the Council are annihilated by the absence of the Grovexnor-
General; and the most important measures affecting the wel-
fare of the State in every department, may be adopted without
either its assent or its dissent.
I recollect having seen a letter from a Yice-Prendent to a
Gbvemor-Gteneral, absent from the Presidency, but within the
territories subject to Bengal — I avoid names, because the com-
munication was private — stating that he was glad that '^the
Governor-General had adopted a certain measure — an increase
of the army— on his own responsibility, because he, the Vice-
President, coidd not have concurred in it, if it had been made
a measure of the Government
The practice which prevails of providing India wiih a Go-
vemor-Greneral every few years, who is not likely to have any
local knowledge of the Presidency which he is sent to govern,
renders it almost certain that he will wish to visit the provinces
under his government; for how can he rule them with satisfac-
tion to himself, or independence of the opinions of others,
without such local knowledge? The very cause which makes
it almost indispensable that he should visit the provinces, ren*
ders it scarcely less desirable that he should be attended by the
Council appointed to assist him.
In every view that I can take of the question it appears to me
to be in the highest degree expedient that the Governor-Gene-
ral, when absent from the Presidency on any lengthened service,
DEPABTMJBNTAL BUSINESS. 317
Bhould have the assistance of the Council, and that the Supreme
Oovemment should exeicise its functions, both of general
supremacy and of local government, without division. I cannot
flee any inconvenience or expense attending the union of the
Goundl wiih the Governor-General when he may be absent
from the Presidency, that ought to be allowed to obstruct an
arrangement in other reqpects obviously beneficial.
It would not be necessary that the bulky part of the Govern-
ment should be moved. All the offices of record, all the
establishments used for transcribing proceedings for Europe,
would remain at the Presidency, together with a portion of die
secretariat. A light corps of the secretariat, such as has usually
accompanied the Gk>vemor-General, might attend the Govern-
ment I have little doubt that with management the expense
of moving ihe Government might be less than what has hitherto
been caused by the movements of the Governor-General and
Commander-in-Chief.
The local business of the Presidency might be conducted
rither, as was proposed last year, by a member of the Grovern-
ment, as Deputy-Governor of Fort William, with powers de-
legated by the Governor-General in Council, or by a Board
of some of the principal servants at the Presidency, selected for
that purpose. There is little or nothing in the way of business
that could not be referred as usual to the Grovemment, wherever
it might be, or entrusted intermediately, if pressing, to the
Boards and Courts at the head of the several departments. All
absolutely necessary, perhaps, would be to have an authority
to control the others in cases of collision, requiring instant deci-
sion, and not admittmg of a reference to the Government at a
distance. If the experiment were once tried I am confident
that all apprehended difficulties would soon vanish. I do not
allude to legal difficulties, because, if there are any such, they
can oxdy of course be removed by legal remedies.
S18 BEOBT or ADOPinXK.
EIGHT OF ADOPTION.
lOeMer 88, 1887.]
The Agent in Bundelkund has eubmitted, in hie deHpetdi
dated the 7th insL, with laudabk public Bpirit and alnEtjr,
a queedon of great importance, affecting the rights and in- I
terestB of the British 6oyemment| and those of the princes and |
chiefs of Bundelkund. |
The question is, whether chiefr and princes^ not having heira
c^ the body, have a right to adopt a saocessor, to die exdiMBon
of collateral heirs, or of the suppoeed rerersiooaiy rights of the
paramount power, and whether the British Govenunent is
bound to acknowledge the adoption.
^ In the diiq>osal of this question there is a wide diffoaice
between sovereign princes and jageerdars^ between tkoee in
possession of hereditary sovereignties in their own right, and
those who hold granto of land or public revenue by gift from a
sovereign or paramount power.
Those who are sovereign princes in their own right, and of
the Hindoo religion, have, by Hindoo law, a right to adopt, to
the exclusion of collateral heirs, or of the supposed reveraonaxy
right of the paramount power; the latter, in fiict^ in audi caaes
having no real existence, except in the case of absolute want of
heirs, and even then the right is only assumed in virtue of
power, for it would probably be more consistent with right
that the people of the State so situated should elect a sovereign
for themselves.
HINDOO AKD MAHOMBDAV LAW. 319
In the ease, theiefoie, of ECndoo soTezeigii prmoeoy I shonld
say thaly on fiuluie of hein male of the body, ihey have a right
to adopti to the exdadon of collateral heixs, and that the Bri*
tiflh Govenunent is boond to acknowledge the adoption, pro-
Tided that it be i^ular and not in violation of Hindoo law.
The present Maha Rao of Ex>tah was adopted, and his case
affords an instance in which the right of adoption in a tribntazy
and protected State was fully discussed and admitted by the
British Govemment as the paiamoont power.
In the case of Mahomedan sovereigns there seems to be
greater doubt. I do not know that they have by law a right
to adopt, to the exclusion of collateral heirs. Mahomedan
sovereigns have, however, more than once claimed a right to
nominate a successor j&om among their sons. But the Maho-
medan law appears to be loose with regard to succession to
soverdgnties; and the safest way, where we are paramount or
have a right to interfere, is to acknowledge the legitimate suc-
cessor according to Mahomedan law.
With respect to chiefs who merely hold lands or enjoy public
revenue imder grants, such as axe issued by a sovereign to a sub-
ject, the power which made the grant, or that which by conquest
or otherwise has succeeded to its right, is certainly entitled
to limit succession according to the limitations of the grant,
which in general confines it to male heirs of the body, and
consequently precludes adoption. In such cases, therefore, the
power which granted, or the power standing in its place^ would
have a right to resume, on failure of heirs male of the body.
These sentiments are to be communicated to the agent in
Bnndelkund, with a request that he will classify the princes
and chiefs within the range of his superintendence, with refer-
ence to the classes above described, and submit, with a list of
the several classes, a statement of his reasons for placing each
in the class to which he may have assigned him, and a copy of
the treaty, engagement, or grant, by which each chief is con-
nected with our Government.
It is not improbable that there are some chiefs in Bundel-
320 BIOHT OF ADOPTIOV.
kund whom it may be difficult to place in either of the ckflBeB
noticed. Thoee with whom we hare treaties, and who were
sovexeign prinoeB before we were connected with Bnndelknnd,
wiU naturally be conndered as such now. Those who hold
solely by grants, such as are issued by sovereign to subject, and
have not been generally considered as soverdgn princes^ will
apparently belong to the other class. But there appears to be
an intermediate dasB inBundelkund, neither soverdgn nor sub-
ject, with whom we have engagements distinct from treaties or
grants, and whom it may be difficult to aseign precisely to either
of the preceding classes. In such cases the agent must exercise
his discretion, and state his doubts, accompanied by the docu-
ments necessary for their solution.
The question submitted by the agent has originated in an
application from the Rajah of Oorcha. The agent will of course
repeat to what dass of chieft he considers the Rajah to belong,
under the foregoing definitions. The impresaon at present on
my mind is, that he is a sovereign prince, and, being a Hindoo,
fully entiUed to adopt a son and successor, in the event of his
having no heirs of his body; and the adoption of his brother's
son seems to be an xmobjectionable arrangement. The recog-
nition, however, of this adoption will depend on the decision
of the Right Honorable the Gbvemor^General, and the whole
question discussed in this minute will be submitted to his Lord-
ship on the receipt of the agent's further report.
The agent has noticed the apparent incoherence of the past
decisions of our Gk>vemment in acknowledging successions
among tiie Bundelkund chiefs, and concludes that they have
not been based on any fixed principle. But the principle which
has generally operated on such occasions, has been that of recog-
nising the succession apparently agreeable to the prince and
the people, or to the latter on the demise of the former; that
is the principle of non-interference in tiie internal affiurs of
other States.
PART III.
(Colonial Bt^pattbt^.
ON THE CONDITION OF THE ISLAND OF JAMAICA.
[The annexed despatch to the Colonial Office, detailing Sir Charles Met-
calfe's first impressions of the political and social condition of the Isknd of
Jamaica^ was written shortly after his arrival there. Soon after its receipt
in England, it was published, among other papers, by the Colonial Office ;
and Metcalfe was of opinion that the difficulties of his position were greatly
enhanced by its pnblioition. Allusion is made to this, post, pages 345, 346.1
TO THE HABQUIS OF NOBMANBT, BECBETABT OF STATE FOR
THE COLONIES.
October 16, 1839.
My Lobd, — I am about to submit to your Lordship such
ideas on the state of this island as I at present entertain, de-
rived from the little knowledge that I have acquired since my
amTal^ and not, therefore, entitled to much weight. Never-
thelesB, it seems to be my duty to offer them in preference to
total silence on a sulgect so interesting and important.
Y
322 ON THE CONDITION OF THE ISLAND OF JAMAICA.
When the freedom of the slaves was established, the great
question that agitated the island was, on what tenns free labor
could be obtained for the cultivation of the estates, from which
the wealth of Jamaica has hitherto been derived. It naturally
became the interest of the owners of properties to obtain labor
on the cheapest, and that of the laboring population to sell it
on the dearest, terms; and a struggle with these opposite views
commenced between the two parties.
The practice which prevailed in slavery, of granting grounds
to the laborers, from which they derived the means of sub-
sistence, in esculents for themselves and their fiunilies, and by
the sale of the surplus produce, gave a great advantage to the
laborers when they acquired freedom, as it rendered them in a
great degree independent of labor, and enabled them to hold
out for terms. The proprietors could not hold out with the
same safety, for the want of labor on their properties, at some,
if not all, periods of the year, must ktve been nnnous. The
wages of labor, therefore, have been hitherto settied more at the
will of the laborer than at that of his employer; and this must
continue to be the ease mitil a great increase of ^ laboring
population shall make labor cheaper, or until laborers shall be
more dependent on labor, or until sack a number of propertks
shall be thrown out of cultivation by the impossibility of meet-
ing the expense, as may produce the same efiect as an increase
in the laboring populaticm.
It is to be hoped that the utter nnn of estates will not take
place to any vast extent; but it is confidently predicted that it
must in many inslancesL The poorer propriefoiv, aecnstomed
to pay for labor by the xnetiiod of provision grounds, with little
outlay of money, and perhaps none until the value of their crop
had been secured, find it difficult, if not impossible, to raise the
means of paying laborers daily or weekly, and that too without
the certainty of obtaining labor when it may be most required;
for the laborers are shy of entering into any engagements.
The laborers in some parts of the country w(^ for only four
days in the week, requiring Friday and Saturday for the cul-
tiTatioBL of their owb gsoiuKls and as tbe best season fbi culti*
vsldon will oAfltt be the auae foe tkeii own grounds as for those
of thisir raqpkgrer^ eaQearaising theii right to work car not to work,
and not choosb^to bind tbens^Yea bjr any c<mtract» it cannot
be BttHer of siuprias if thej pmfisc iitekt own interests to those
of their emploj^. It H I iimleBrtaiid» often necessary to bribe
highly in carder to procajoe labor on Fiidaya <s Saturdays, or at
the eritieal periods of the crop.
There is, I fiauc^ no doubly thai owing to these causes^ great
lose has been, and will be sustained cm many of the estates^
chiefly in flie angar pkntataona, where ccmtinuous labor is most
iifedispeBsable^ This le not so nmeh the case in the coffee plan*
tetioBs; and I htswe seen statanents showing that the cultiyap-^
tion of estates by fiee labor is eheaper than it was during
slavery and ^>prentifiedup>-«-^ result whkh it would be most
gratifying to find generally established.
As a eoiittlerpQi8& to iiie pow«r of the laborers over wages,
the proprietors have that of charging rent for the houses and
gtoands tenanted by the laborers, and thie right is often exer-
cised with a view to counterbalance, aa much aa possihle, the
payment of wi^^e^ and noi with rrference purely to the value
q£ the house and grounda. Thus in many instances the rent
of a house is charged, not aa a rate fixed for the house, but at
a rate fixed fiv sndh oceiqpttit of the house. These counter^
daima for rent and wages keep up mneh irritation and litiga-
tion, but vnll, it ia to be helped* in tune, be settled on the besb
of mutual intotflt.
With respeol to the party most to Uame in these disputes, it
in di£Scult to arrive at the truth where party spirit so mucb
prevaik Were I to give implicit credit to some official re-
ports that I have reeetved, I should eondude that, whenever
afiaiis on an estate went wrong, the manag^nent be to blame^
aaad that the laboren were never xmreasonable; while fronik
otherquarteralhaveawhoUydifierent statement I conclude
tbat the tmlh lies probaUy between the two extreme^ and thai
t2
SS4 OK THE CONDITION OF THE ISLAND OF JAMAICA.
the patience of dther party ia occaaonally tried* Mach, no
donbty must depend on the ehancter of the numager.
Hie obvious remedy for the power posaesred by the laborer
oyer'wages, and for his independence of labor, bang the resump-
tion of his grounds, vAndi the proprietor has the right to resume,
it may be asked why ihe exercise of this right is not had leooane
tOj aSy in fitct, the instances of ejectment have been oompua-
tivelyfew. For this there are sevcnral reasons. The proprietor, or
manager^ still clings to the idea that ihe tenants on his estate
will continue to labor for him exdnnvely. He is not, there-
fore, disposed to eject them, but seeks to make thdr houses and
grounds the means of securing thdr labor at the least coat It
is felt also that ejectment, carried generally into efibct, would
be harsh and cruel, and might drive the laboring populati<m to
desperation ; for they are peculiariy tenadous of these poa-
sesdons, to which they are naturally much attached; and in the
purchase of fire-arms whidi has lately taken place among them,
while one party is of opinion that it proceeds Stom a love of
sport, the other asserts that it is avowedly for the defence of
thdr houses and grounds.
In some instances laborers have purchased small lots of land,
and thus become proprietors. I should be glad if this were a
general practice. It would put an end to the causes of irrita-
tion which may continue to exist while they hold their houses
and grounds on an uncertain tenure, while it would not neces-
sarily throw them out of the laboring class, their properties not
bdng sufficiently large to exempt them entirely from the
necesdty of seeldng other means of support. Where they are
tenants on the properties of others they are anxious to obtain
leases for tiidr grounds, which the proprietors are willing to
give, if the laborers would enter into engagements to labor for
dmilar periods; but the latter are adverse to any contract with
respect to labor, and the former, or their representatives, do
not like to relinquish tiie hold which they condder themsdves
as having on the laborers by keeping them as tenants at will.
I do not percdve any remedy for this state of things, except
THE BAPTIST MISSIONARIES.
what time and a natural sense of self-interest may supply. I
ahould apprehend that legislation can do little or nothing
towards amendment; and that it will be most advisable to let
these matters take their natural course. If justice be fiurly
administered to all parties, they will, it may be hoped, come to
a nght understanding among themselves.
In attempting to describe the present relations between pro-
prietors and laborers, I beg to be understood as speaking only
generally. There are, no doubt, numerous exceptions with
which I may become better acquainted hereafter.
This natural struggle between proprietors and laborers has
been attended with discord and virulence between other classes
of society. The Baptist misnonaries have made themselves
peculiarly obnoxious to the proprietors by the advice and aid
which they are supposed to have given to the laborers. It
seems very possible that the intervention of a third party
between the two immediately concerned, giving its support to
one, may have prevented a settlement that would otherwise
have taken place favorable to the other, or equally fair to both;
and it is quite natural that the proprietors should dislike this
interference in a matter of such vital interest to their properties.
It may also have operated to cause distrust and resentment be-
tween the interested parties, which is a serious evil; but at the
same time it was natural that the laborers should seek the advice
of the pastors and ministers who had evinced a great interest in
their welfare, had weaned them from their barbarous supersti-
tions, and had opened to them the blessings of Christianity ; and
it was not unnatural that, under these circumstances, advice
should be given, and it may be that without the advice and
support of their ministers the emancipated population might
liave fared worse in their dealings with their former masters, or
might, from disappointment, have followed desperate courses.
Considering what might probably have happened without the
influence of the ministers over their flocks, it is not easy to esti-
mate the full value of the operations of the missionaries of all
denominations; but it seems undeniable that the Baptists have
SM ON THE COlTDITlOlf <IP TBB JtLASD OT JAMAICA.
puifloed a eoorse difieM&t fiom tiMi of all other
for I hear no nproftoh altered ngnut 1^ Wmdejm^ or i
TiaB, or P^«8by««aa> or Ohiwah of Em^kmi
The BftplMte alone ham becooM a polkkal {vty, «mI
thenneh^ to be regarded «i hoBlik to Hhepiopaetaiy i
From the parliBanship whidii tiiey laEve cmMsed, ik^ hama, it
may be pieeuiaed, gveater iaflcNnoe dun any olhar »ot in diis
iduid, a&d are prepariag, I am infoxned, to iafliiemop i
tioBsoftaduBolutionof^eAsiembly, wben aaoh of the ^
cipated population ae may be<diily qaafified ivattbeeomeeBladed
tovote*
If the poEtied power esDeR»ed by Ittt Baptiste be aai eiil
(and I am c&po6ed, generally apeakhig, to dunk thai it a aa
evil whenever the miniaterB of leligioii deviate fiem dwia:
purely leligioaB functkqu to take a part ia tlie atdfe and brcols
of politioal parties)^ it is an evil which -does not adaoit of any
present remedy. E«ither Ikmt infln^noe will dionBisli finm
their flocks not liking to pay lihe amovnt requisite for the aap^
port of 1h^ ohnrch estabHiBbmeatSy or it will oontoma to in-
crease by the activity of the Baptists in drawii^ more into
their fold. In the latter oase, whether liieir rnflnence be a
bane or a blessing to the country, mot d^end en the spirit in
which it is exercised. On the wholev akhoogh I esteem Ibe
oonduoit of ihe other missicmaries in confining therasehea to
their religious duties, and arbstuning from |>oh'lacal strife, ns
more admirable and more beneficaal to the conntry than that of
the Baptists, nevertheless, if the good and the evil dmse by the
lattor were to be weighed against each dther, ite good, I oon-
orive, would preponderate. The benefit of religious rnstmction
and of its moral consequences seems sufficient to vrarrant that
conclusion.
The conduct of the laboring population generally is rqne-
sented by the stipendiary magistrates, ^hose reports mre the
most firequent chaxmels of official information possessed by the
govemmrat, as being orderly and irreproachable; and I see no
reason to doubt the truth of their represe&tatioaa. Fartionlar
THE BnPKSmkST TtMSfOTMikrm. 327
I of «n <3ppoBile cbiffacter hatn eone lUKkr jBjaotiee
riiioeiBjamTal, bat I tnirtaiid believe thigfc they necsEoepticDB
to iSm gen«»l rule. The geDera%trniqdll rtafeeof die eouBiqr
iviAoiit sny police, is s "Btrong ^nxif of like ^vennt fttaoeAil
Sspoflitioii of the ialiabiftaasts. Tbe eburaelfeer, iiowemr, «&-
qiB^ed by. ibe -people in their tmuidoii from dsveryiboj&eedooi,
Bttuis to be more thaA of jndepesdenoe tham of nbiBiseian to
the inS tjf ottheiB. They are, I imagme, «b indepettdent wbA
liiiTviiig, and as %ttle mibBenrient, as «&y iabonng popoktion in
the world. They axe a3so, tts iar as I escn see, dbeexfcd end
inerry. l%ey«e generally, in this n^hboiaSaood, intii maStiakg
faeesmd civil tongues^ and seem pleased with being Aotioed.
The sispendiairy magistrflftes axe « dass, with indsviduail ex-
ceptions, ofifensiye to the propnelKiry inteoesfe. THas is itot
Borprasing. The magistracy of tbe country -copsiBted foDneriiy
exclnavely of propnetors» or tiieii representatiyes, pecfinaooiig
thdr duties gratmtoiisly. Tbe special justioe^ or stipendiary
magistrates, were thrust among them purposely ito pcotect the
apprenfioeB against them^ and with ^olnsi^e powers £zr fliat
purpose. Thar servaoes he^pe been continued with jinilar
views regaivding the free iaborors. These arrangemeHiB were
no donbt necessary. It waB scarcely poaeible to eaitroBt (bhe
diBpenBKtion of juBtioe entirely lo those =iv9io weise ihemselves bo
nrach inlereBted in the questionB likely to aisse fixT'diaonnton.
NeverthelcBB, the eBtabUshment of stipendiary sni^iatrBteB
was extremely gmtmg to the landed inteveBts ; and, added
to the nbolitioa of ekvery, became -a second vevolotion in
the island. The annoyance was aggravated in « 'great degree,
partly by the inescperience snd imfitness of some of the
stipendiary magistrates, and partly by their reoeKving a
bias from the purpose for which they were appointed, and
by their regarding themselves Tather as proteotara of the
laborers than as dispensers of equal justice io all portieB.
The laborers, understanding the purpose of the nomination of
stipendiary magistrates, looked to them exclusively for justice ;
and the latter, acting under the immediate direction of the
828 Oir THS COHDITIOll OF THE ISLAND OF JAKAICA.
Qortamoty and fomuhing him with oontiniial icprcsentalaons
of oppreanon on the part of ihe proprieton or thor agents, a
Btate of things was produoed very unaatiafiustoxy. The bulk of
the magistrates of the idand were distrusted by the government,
and, together with the ckss to which they bel<mged, became
generally disgusted. The continuance of such feelings is much
to bo deprecated. A magistracy divided into two paztaes
hostile to each other^ one party distrusted by the government
and the lower orders, and the other distrusted by all the aris-
tocracy, presents a picture which cannot be contemplated wi^
gratification. This subject engages my anxious attention, but
I do not at present clearly see a remedy. There is a dispodtion,
I understand, likely to show itself in the House of AssemUj,
to form local Courts under persons qualified by l^al knowledge,
and firee from self-interest, to be paid by adequate salaries. If
any arrangement of this kind could be devised, aSbrding real
justice to the people and palatable to the landed interest, I
should think it advisable to encourage it
I trust that nothing that I have said will be conadered as
imputing blame to the stipendiary magistmtes. They have
been placed in a very delicate and arduous pomtion, one whidi
required that every individual holding it should be ^fted, not
only with legal knowledge and strict impartiality, but also with
peculiar tact, temper, and discretion, and the power of sweetai-
ing a bitter potion. It was not to be expected that all could
come up to this standard. Some have conducted themselves
admirably, and have apparently given satisfaction to all dasses
of the community among whom they have been placed. If
others have received a bias from the puipose of their appoint-
ment, and leaned too much to one side, it was a natural error.
I do not suppose that they have in any instance intended to
commit injustice. I have no reason to be dissatisfied with the
conduct of the stipendiaiy magistrates generally, as far as it has
officially come under my notice.
ON THE SOCIAL CONDITION OF THE PEOPLE. 329
ON THE SOCIAL CONDITION OF THE PEOPLE.
(This paper is printed, not in regular chronological sequence, in order that
Sir Charles Metcalfe's views of the general state of the ishmd and its inha-
bitants may appear, before his detailed opinions are given on individual points.]
TO LORD JOHN BTJS8ELL, 8ECBETABT OF STATE FOB THE
COLONIES.
March 30, 1840.
Mr LoBD, — ^Being desirouB of taking the earliest opportonitj
to visit all parts of this island, and improve my acquaintance
with the state of affairs by personal inspection of the country,
and intercourse with all classes of the inhabitants as far as that
might be practicable, I took advantage of an interval between
the last sitting of the G>urt of Chancery and the adjourned
meeting of the Legislature, and quitting the seat of government
in the middle of February, made a tour of the island, and re-
turned on the 16th instant.
I availed myself of the use of one of her Majesty's steam-
vessels in some instances in which, from the bad state of the
roads, I was advised not to proceed by land; but for the most
part I travelled by land, that mode affording better means of
seeing the state of the country.
I was received everywhere, as the representative of her Ma-
jesty, with the most cordial manifestations of loyalty towards
our Queen and country, and with unbounded hospitality, at-
tention, and kindness.
I have been disappointed in the state of the country as con-
nected with its agricultural prospects, and have been sorry to
observe much of mutual dissatisfaction between landlords and
tenants, employers and laborers.
The dissatisfaction of the landlords or managers of properties
arises from the want of sufficient labor, and the consequent dread
ISO oar IBB SOCIAKi OOKMXlQai OP
of rain. It is almost impomble to procaie continuoiis lalxx;
The laborers are, in a great d^ree, independent of it, and
therefore afford as much, or as little, as suits their own oon-
▼enience; and in choosing to labor or not to labor axe capricioiis
and inconsidentei and often "rtHke or TcFnse to irork ivhen the
intmwrs €»f the fitopactf peoufiadj BeqaisB iheir
Ihij ivfine to cater into liawiiafti for aaj peoDd, and <
tiienr iinfli nffl fron mj to dayi seldufli giiug we iBaa, nier
dajB* work in the week^ or five at the utmost and not even
these quantities steadUy.
This description refers to the state of things most genecsl
thnraghoutifiie island. There are instances of abundant labor
firam a faical supeiubnndance of poptualaoBy and other nstsiioes
of a 'Sufficiency from good Tnanagcmeiit, or eztnarmnaiy ao-
vantages in wagetf or otherwise ; btft in general there is ^mSx
reason a complaint of want of labor, and cuuscquent deteriovaficn
of property^ Besides the mani&st ialfing off of eateftes in piodnce
and profit, the want of labor is evinced in ofter caxcnmstBnees.
Few, xf any, of uie gentiy of the island ^an anoid to cnxavitte
flower-ga^rdens or lay out pleasure-grounds^ altxKyngn nnture
holds out every temptation for such enjoyments. Labor is too
scarce and too valuable to be applied to luxuries and le&ie-
ments, or to anything less solid or essential tiian profit, or sub-
sistence, or indispensable convenience. The Toads, whidi are
for the most part in a bad state, and for the improvement of
which considerable sums were voted by the Hoise of AsBBmbly
months ago, are left nnsepairedy all the labor procurable bong
required for agricultural purposes. Advertoements ibr con-
tracts liave been issued by local authorities, but remaon un-
noticed; and it is probable that the roads will not be touched
until a season of some respite from the urgency of agriculture.
The want of labor proceeds firom two obvious causes: the
actual want of population, and the facility with which lihe popu-
lation can support themselves without laboring in the service of
others. In these and other remarks I am only repeating what
I have said before; but where early information has been con-
WAKT 0F ILAJBOB. ^1
finned Ify m1fleq[iient -chnvntAxm aad iBqidrf , it is difficuit lio
'8w>]d vcpodtion. The fimnflr «(f tiie oBines above motioed cu
•oolylyewBiedieA by libe iiattmal mcrefl»fiodaced byline, or
l>7 qcfcenaw^ inmngrtttiQn, ivkich ^ m^qmstion beset mtk aBuy
i££Giefiltks. The ftciEty <of mippoit is move litely to incNHe
l3uai finoBalitaitil there %««glhxt m the market of the psoohKe
^idh Ae negroes generally cattarate for sale. They n^t
idnen be more tmder lft» neoeseity of havmg TecomBe to ihe
wages of labor; bat &e two proifesBioiis of day-labover said
maafkeVgarAenet ^seem icaliber inconafirteiit^ aad as long as they
remain nutted, «i &ey now are in most pcrts of the isfaoid, «ob-
tmnons Ubor camiot be expected, and all labor nnait be at the
opdon 'of "fte peassoft ^o give 'or withhold. There is not ihb
same degree of necearilty pressing <on him as tiiere is «Kn the
same class in other coimtries. <^, rather, there is scarody such
tt class in iftns island as that of agricnltural laborer ex:cliisively.
The laborer here goes out to labor for such time only as he can
spare &om the cultivation of bis own grounds ; and if the ^desires
of ihe negroes were limited to what laborers in other conntrie»
are farced to be content with — ^if they were not fond of luzmien,
tmd smart cloAes, and good fnmitare, and riding horso, or had
not the better motives of educating their children or supporting
their chnrcb— they would hardly haree any inducement to labor.
The difficulty of procuring labor has led Ae bulk of the
landowners or managers to have recomse to a system of levying
rcBft, which is meant to eacact labor. If a peasant living on an
estate, his wife, and grown-np 'children, labor steadily for the
property, sometimes no rent is asked for the honse and ground
which iSiey occupy; sometimes a moderate rent. If they do
not work for the property, a double, or increased rent is de-
manded. Rent for ground especially is very generally demanded
from the wife as well as the husband, and from each grown-up
child, on the principle that if they work in the groimds which
they occupy, and not for the property, they are deriving an
advantage from the groxmd in proportion to the number of the
fiimily, and are, therefore, all equally bound to pay rent. In
SSS ON THE SOCIAL OONDITIOK OF THE PEOPLE.
such caws ihe quantity of ground is not strictly defined, and
the rent may be said to be taken, not as so mudi ground, but
as ground for so many. It rarely happens that the ground is
measured and let by ihe acre. It is generally what is tenned a
ground, and has no prescribed limits; and it is deemed fidr to
take rent from every one who contributes to its productmnesL
Some landlords pursue— wisely, I think — a different conne.
They have the house and ground valued by two perxuu^ one
on their own part, one nominated by the tenant Ihe rent is
fixed by these persons, or by one umpire appointed by ihesn
in the case of their disagreement, and is taken fix>m the head
of the family without any reference to its numbers. Rent is
sometimes made a separate concern from labor; wages are paid
in full, and the rent is received at another time. But generally
the weekly rent is deducted from the weekly wages, and is
often, diminished or increased according to the continuance and
punctuality of labor, or tiie reverse.
Labor and rent, therefore, are the questions which agitate
the island from one end to the other. The want of labor,
which threatens ruin to his property, is the general cause of
discontent on the part of the landlord. The payment of rent,
or in a greater degree, the vexatious manner in which it is
generally imposed, is almost universally a source of great dis-
satisfaction on the part of the peasantry. I include the pay*
ment of any rent as a part of their dissatisfaction, because, al-
though they do not profess to deny that rent is a proper conse-
quence of living on another man's property, it was evident, in
all my communications with them, that it is in itself very un-
palatable, and a consequence of freedom to which they can
hardly reconcile themselves. They held their houses and
grounds, in a state of slavery, free from any charge. They
cherished the idea that the change to freedom was to be in
every respect an improvement. The payment of rent is a dis-
appointment. The actual delivery of money, or the deduction
from their weekly wages, is a sore annoyance; so much so, that
they often prefer paying their rent in labor rather than in money.
LABOR AND KENT. 333
They either supposed spontaneously, or were led to suppose, that
a law would come from England giving them their houses and
grounds free of rent. The state of feeling described is not
-without exceptions. There are instances of a willing and cheer-
ful payment of rent; but in most parts of the island very little
rent has been paid. Many landlords, who are staunch advo-
cates for its being required, have not ventured to take it them-
selves. It is only recently that the attempt has been generally
made, and it is therefore at the present moment that a greater
degree of excitement and discontent prevails on this subject
than heretofore. During my tour, rent in the various shapes in
which it was demanded was almost the only topic of complaint
on which the negroes applied to me. I encouraged and sought
communications with them. They professed to wish to ascer-
tain the law £rom me, but I could hardly ever ^ve them satis-
fiu^tion. From the questions which they asked, it became my
duty to explain the right of the landlord to such rent as he might
choose to demand, the tenant having the right to seek an abode
elsewhere if he did not like the terms proposed. My explana-
tions generally caused great dissatisfaction, which was expressed,
and by the females more loudly than by the men.
From all that I have heard and seen during my tour I regret
exceedingly the practice pursued by the generality of managers
of properties on this subject. I. am persuaded that it is inju-
rious to properties, as well as harassing to tenants, to attempt
to force labor by the terms of rent. It keeps up a continual
bickering and heartburning, which place the overseer and the
laborer in a state of constant hostility that cannot be beneficial
to the estate. Were the laborer comfortably settled in a home
from which he could not be removed^ or not, at least, without
saflident notice, there would, I am almost sure, be a better
chance of obtaining willing labor from him, than there is of
compelling him to work by altering his rent on every failure of
labor, and by the constant disputing which such a plan en-
genders. Were he settled in a home, either purchased by
himself or rented on a lease, let it be even for so little as a year
S34 OH THE 80CIAI. ooannxxcuf of the people.
ottteiB, with HZ moaftlw' nodca to ^dl^ke w»U
ooidii^ to the qmj^tj of groud that be bed obteued, be
sUe to nqiport buMdf eetizely mdiout going oat to Ubor,
or be would go out to work ibr bio wonts^ or wilke Tiew to
tbo incrane of his meaes of o^oTOoait. A pcnoA m tbe
former dxcofliftoBcefl^ ft&d eoMteni witk the praduee of bis ova
grotad, GOBBOt be c^ieeled to kbor; eed, boTiag the BMeaeof
pleongbiiMdrm dMfc pMitim, emmA be eoeyelM to lebor
hy may attonpi to rodaee bim to tbei mauBoitj. A. pcana
under tbel neoenhj^ or ii^iieed to kbor bj akadeUe doue
for ineieBfle of means, will nalnraUj kbor, ae^sm jmrAm^ or
the piopertj on which be ia a tenant^orontbaiii^ickia neaRSt
to bim, and whicb gms him tbe kiei tioabk in reaching hia
wodc. I am happy to add that seTcnl gentloaacBL take tbis
view of tbe qneetion; that some haw sold knd to nqgroea, and
tbns given them a settkd abode; thai otbeia are bqpnning to
perceive ihe advantage of doing the sesne; and tfaadt tbis view
is, I trust, gaining ground. I diaU do all tibat I oan to pro»
moto it, from a ooavietion that it wiU incroun tbe bappiiMfli
and content of the negro popnktion^ and from a bdrf that il
will also tend to the benefit of kndkxds. Mj notions <» tbe
subject have alreadj been puUiclj cai^icssed. It may be ex-
pected that they will be unpaklidik to those wbo think dif-
ferently; but I hope that by degrees the same view wiU be
generslly adopted. Wherever I have found tbe kndkrd or
manage satisfied with bis kboiers^ I have also found that tbe
ktter bave been in some way made easy <«^ tbe sulject of renk
Comd^nng the mutual discontent goierally prevailing be*
tween landlords and kborexs residing on the properties^ it ie
surprising tibat the parties do not separate oftener than tbey da
But Aere is on both sides a tenacity to the old oonnmon
which keeps tbem together. The kndbrd does not like to
eject tbose whom be still r^ards as bis propa kboren^ al>
tbougb be cannot obtain kbor firom than, and the kborer
dings to bis bouse and ground on the estate whore be has kng
held diem, although be k harassed by vezatioua demands on
ULBOBBBa' SBTUJBKSNTS. 335
aoerani of resL Thus diey lemaiQ togetliei: aqnaUalnig aittl
inJhmfBg mtttoal Ul-will^ when Aey would anderstoDttd eack
other mudi better if Ihej separated^ and lednced ihe qneBtinsi
betveen ikcm fo ooft of kboir and vage& Eitfxer diuy or the
pladiig <^ tWzent question on a distinct and settkd footiag^
is, I eonceivey lad&spenBaU^ both fior the eomfori of tiw pea-
santrjr and the wdtdoaag of the propextiesL The chief caase
of the mJMMiwkfraiandiDgB xeapeotiiii^ rent ia^ that Hoe landkcd
caics little £bt the rentp and ahnost soUyr^asdakbor. W^;^
rent taken fior ita own sake dbtinetiy, it wotdd soon be aettkd
on a pieper fooling.
In parts of the isknd separation. has taken placey and eonai-
derable manbaai of the n^xoes have porchaaed knd, on whkh
they sore buaiiy engaged in setting themsdtresL I have heard
of thebpa]nngashi^arateaa50L— «qual to 302. sterling .per
acre; but in general the rate is much lower* Different ophnons
are entertained as to the result of dwse settkmenls. Of tiiose
qualified to judg^ sosne snppoee that from the land becomii^
in a short time less produetiTe, the possessop wiU be compeUed
to labor for then suppeat, iriiile others anticipate that thej will
coatinuey notwithstanding, to derurea scanty sufadatenee ftam
their land, and* will themaelYes deekne in pcoqwarity along wi&
ity preferring a Hfe of idleness and want to one of industry,
comforty and respectability. It appears to me Aat the land
which they purchase is chiefly for the purpose of obtaining %
secure home; that it is generally too little in extent to be looked
to as a pomancnt source of subsistence; and that they nnist
calculate either on obUdnii^ additional means of comfort by
going out to labor, or on taking more land on lease for their
own cuMvation. I do not, therefore, anticipate the unfitTor-
able result which some predict; but as these are genliemen who
have expeiienee of the negro dbaracter, I should hesitete to set
up mj opinion against theirs, w^re it not that others of equal
experience differ from them,, and maintain ^ more &T0iable
view of the question. For my own part, I rcgotce at these
settlwnenls of the laborenL Thtiat present happmess must be
336 ON THE SOCIAL CONDITION OF THK PEOPLB.
gieatly incieMed» and I do not see that the ooiueqiie&ces must
noocwMTily be injurious to the landlords. I rather think that
there is a greater probability of their proving benefidaL
In observing the di£krent manner in which different proper-
ties are going on, some doing well, others deterittrating, one is
often puzzled to discover the cause of the diflferenoe. Some-
times it is obvious enough. In other instances it cannot be ex-
plained, and it would require a most minute knowledge of all
thg cireumstances to detect it One might suppose that kind-
ness, whidi succeeds in one case, would do so in others; but it is
not always so. The landlord acting with the same liberality on
all his estates, finds the plan which succeeds admirably on one,
totally to fail on the other, and is at a loss for the reason. Hie
same manager having two estates under his chaige dosdy ad-
joiningi and using the same management in both, finds the
tenants on the one working well, and ihose on the other doing
the reverse, without any perceptible cause for the difierenoe.
In addition to other circumstances which operate, and are not
always discernible^ there appears to be a sort of distinct cha-
racter belonging to the laboring community of each estate, or
some motive of action which they embrace in common^ inde-
pendently of the doings on neighbouring properties. One hears
continually that the people on sudi an estate have always done
well, while those on another dose by have at all times borne a
bad character. The same distinction exists with respect to
parishes: the people of some having a better reputation than
those of others. It is difficult to understand how such differ-
ences have been brought about, considering the common origin
in one sense, and nmilar education of the people everywhere ; but
as the nations of Afiica £rom which slaves were brought diffisr
greatiy in character from each other, it is possible that diflfeient
characters may have been formed in dififerent parishes or on
different estates, according to the predominance of docile or
indocile raoes among the alaves imported therem.
It is common in this idand to ascribe the sullen conduct of
the laboring population of certain parishes to tiie influence of
THE BAPTIST MI8SIONABIE8. 337
the Baptist miflfiionaries, which in those distncts is predominant.
Whether the charge be just or not, I cannot pretend to deter-
mine; for, although I see much to regret and blame in some of
the missionaries of that sect, who, instead of being ministers of
peace, are manifestly fomenters of discord, and whose conduct
would naturally tend to produce the effect ascribed to it, I do
not see reason to believe that the people in those parts in which
the Baptist misdonaries have little or no influence, are alto-
gether free from the same disposition which these are accused
of creating. It seems probable to me that their great influence,
where it exists, is more owing to their encouraging the feelinjgs
of the community under them, than to their having called
those feelings into existence.
That they do encourage feelings of discontent, and that they
direct them against the landowners and the authorities of this
island, cannot be disputed. They recently assembled some
thousands of their negro congregation, in order to persuade
them that certain laws passed during the first pari* of the
present session of the Legislature are iniquitous, and to tell them
that one of their pastors was going home to e£^t the repeal of
those laws. A ludicrous circumstance occurred at the meet-
ing, showing that the negroes were perfectly insensible of any
injury from the laws, and that they were merely tools in the
hands of ihe missionaries, who had brought Uiem together.
The language used by the missionaries at this meeting was caU
culated to inflame the negro population against the Europeaik
part of the community, as well as to persuade them that no*
redress of injuries could be obtained from the Local Govern-
ment, and that their only chance of relief was by the influence
of their missionaries with the Queen's Government at home.
The motives of these gentlemen in this conduct can only be
known to themselves; but as it suits their interests to produce
the impression that they alone in this island are the friends lEind
protectors of the emancipated population, it is not surprising
that they have not credit for perfect disinterestedness. Whatever
may bo their motives, their conduct must foment disaflfection
SS8 ON THE aOCKAI. OOamCXIOX OP THE PEOPLE.
Ill ttiammda of an inflanHttable people. I do not eappoee tkaft
tbej mean to produce iasumclioa end Uooddied; hut llicy
ou^ to Bee ^t tkey mulj tmm a epint niiiek ii will not be
■o easy afterwarda to aabdne, and, on the wbole^ I naafc oon-
denm aiioh prooeediaga, aa beiAg both cnuamei and eub-
ohieYonai aldioagh I have not dMNigbt it aeoeaMry oc eac-
pedient to take aotioe of diem.
One of die moat reauikable inataaeea of finhne of {npertiea
la on twoeatataa bdonging to Ixod Seafiird, caUedtbe OU and
New Montpeliexa. Tkej axe among the fineat piopeiliei in tlie
tdand. Tbe wodca were deateoyed during the kat icbeBicn,
bat ha^ bean lebnilt on one of tfaeeatetea, and are aaffieienttj
extenaiye for the use of both. Tka eatatei ha^e had nmplr
time to leeover firom the dinaatein of Am lebellion. Loid Sea*
ford ia known to be one of the moat Und, wmaidmatp, and
generooa ptoprietom of the island. £b haa had good aaaagan,
iriK> ha^e been aocoeaB&l in other instanoea. There is aa ez*
tmordinarf number of peaaantiy lending on the hmdn The
psopeitiea ha^e abundance of fioeL, and ewtgy aeqamite within
diemaelTeay and the aanatanoe of one of the finaat cattle foma
of the island, belonging abo to Lord Seafind, near at hand.
No estate in dM colony has better means of doing weiL One
would my that the two ICon^Mliers, which, theiigh two in
name, are, in fiict, so oompietely joined as to fom one imdivided
property, ought to be moat proaperoaa. Newcthelea^ the re-
verse is the result In the kat year dwy £d not prodaoe one*
tendi of thffir produce in former days. Tfaia year they am
ezpeeted by the manager to yidd still leas. They not onlj
absorb in dieir own expenditure aU 4he profits of the catde
fiffm abovn meatkmed, bat die eultme of the whole ia a net
loes of a conaiderable aum to the ptopdeter. The people wOl
not work in anfficieat numbers, nor with aafimnt wtoHMi;»w
NeidieKy aa I undersftaad, do diey pay reai finely, atthoapi^
Lord Seafocd was one of dm first to enjoin the eagtise aepam-
tkm of the aent ^aaatson fipom that of labor. It ia diffieak t»
fortheivmef diempioperdea. It m and that Lanl
8TATB or PBOPBBTT. S39
Setfixd aetod ngucUotoMty in buiUmg "woAs at tihe Now
Moaipelier far botib estates, instead of at the Old^ after those of
both were bamt down bj the stareB in the last rebellion; as in
ooDseqnenoe of hit doii^ ao the people of ihe Old Moaipelier,
who regarded themaelyes as superior to those of the New, took
nnhiage, wad have erar mnee ie£aaed, or beem dinnclined to
labor at the new works. ThiSi however, which is true to a
great extent, and is A striking instance df the sort <£ esprit d$
carpi edstang in ihe separate corammiitiee established on pro-
petties, would not aeoooni for the abioknitfw of labor on the part
of ihepeople of New MoBtpeUez^ and the extreme deterioration
in ihe quantity t£ piodnce. Some other reason, therefore,
nmat be aaof^ I have hesnd the oondnet of the people on
both piopertiai loosely ascribed to the iafluenee of the Baptist
missianaiies, beeanae their inflneDoe is supposed to operate
gOEierally in sack a way, and is predominant in ihat quarter;
bot I have not heasd any more poaitiv« season asngned for the
belief in this instance. Neither can I imagine what particular
motiTC they could haTe ibr persoading the people to work less
on Lord Seaford's properties than elsewhere; nor do I beKere
that the peopfe would be dissuaded from working if thar wants
were not an^y snpphed nthout it. I tliamfore attribute Ihe
dflteriarated condition of iliose properties to the fact that on
the broad Janda belon^ng to them die people enjoy tlie use of
unlimited and exteasive grocmds, wintk they cultiTate for their
own benefit, and thttb the necessary stimulus for labOT on the
properties is consequently wantbig.
I have made this 'partionlar refisrence to ihe deterioration of
ifaeMcnttpdier estates, beeaBse, though a remarkable, it is not, I
belieTe, a singnlsx instenoe. There are many properties said to
be in a jimikr predicsment. There ace otiiers which are yezy
prosperous. I have asea statements showing that the expense
of fiee lahor is conaidembly less than that of supporting skves;
and if sufficient hbor ctaM be procured, tiiis would, I ccmoeiTe,
be the general result; but when labor cannot be found, and
pBoperties in ccaaefoence become deteriorated, the contrary
z2
840 OK THS SOCIAL OONBITIOH OT THE FEOPLB.
urae miiBt be felt There axe thoae who still mMTrtain that
labor can alwaya be procaied by Idndnefls. I wish that I ooald
think so. I diould then have better hopes than I can at pre-
sent entertain of earl j prosperity with the present popolatioii.
But it cannot, I fear, be justly denied, that there is a gieat
want of labor proceeding from the obvious and natoial causes
of a scanty population and a fadlity of subostence. The Tery
idea that labor must be coaxed is a confirmation of that facL
When one seeks the remedy for this hindrance to the coki-
▼ation of properties, and to the development of the latent
resources of diis fertile island, which is probably a mine of
unknown wealthy one can only look to the increase of numbeis
in the slow progress of time, or to the eflfect of eztenaire immi-
gration. This subject naturally engages the attention of all
persons concerned in properties, or who take an interest in the
prosperity of the isUnd. Various plans are thought oL The
majority of those interested advocate the introduction of free
Africans, as being the people best suited to labor on the low
lands, where the most wealthy estates, those of sugar-cane, are
generally situated. Asiatics also are looked to; but it bdng
known that great objections exist at home to any attempt to
obtain either African or Asiatic emigrants, it is supposed that
the Maltese will be the best substitutes. The colored popula-
tion of America are also objects of speculation; but it is under-
stood that they have higher wages in their own country than
properties in this island could afford to pay. The introduction
of Europeans has been tried, but generally without success. I
submitted to your Lordship, in a former despatch, a statement
of a successfiil establishment of Europeans on the property of
the late Gkneral Fiaser. I was sorry to learn, during my recent
tour, that since that gentieman's demise the experiment has
proved a fidlure. Three townships also, estd^lished by the
Legislature of the island, have failed. I have, however, seen a
party of English laborers on the property of Mr. Salmon, a
member of tiie Council, mosUy young men, who were healthy,
happy, and prosperous. It was very gratifying to hear from
EUBOPBAK LAB0BEB8. 341
iheii own mouths a statement of their prosperity and content-
ment They mentioned that they had difficulties to contend
"With at first fix>m not undeistanding the methods of cultivation
suited to the country, but that now they were not only at
ease themselves in that respect, but could put any of their
countrymen who might join them in the way of doing well.
Their life seemed to be one of great comfort and enjoyment,.
and &r superior, in those respects, to that of laborers in England.
They were located in an elevated part of the island, where the
dimate is cool and salubrious. I saw also a considerable im-
portation of Scotch families on the properly of Mr. M^eil,
the custos of Westmoreland. They had sd&red most la-
mentably from a typhus fever on board ship on tiieir passage
out, but the survivors were recovering fast under Mr. McNeil's
care. They were then in the mountains. Some of them have
since, I understand, been located on his properties in the low
lands, and are said to be doing well. My own desire would
be to see the elevated parts of the island peopled by our own
countrymen, English, Scotch, and Irish, leaving the low lands
to the negroes, who seem to prefer tiiem, and where Europeans
cannot, I conceive, be located as laborers, connstentiy with the
preservation of their healtii. In tiie high lands the climate is
congenial to Europeans, and far superior to that of our own
country. They could perform all the labor requisite, and would
realise a plentiful and very comfortable subeistence; but they
must come contented to be laborers, until they can raise tiiem-
selves higher by their own exertions. They must be tempe-
rate, else they would soon be destroyed. Houses must be
prepared for them in the hills ready to receive them on their
arrival; and they must not be allowed to remain in the low
lands after their arrival, otherwise tiiey would most probably
lose their health. If shoals of emigrants were landed at the
seaports, without previous arrangements for locating them in
the mountains, there would be dreadful mortality among them.
On the whole, tiie subject appears to me to be full of difficulty,
and I do not entertain any sanguine hope of speedy relief t9
H2 ox THE scHHix coBOsaisam ow the people.
the agiiciiUiudi iateKsti fitom nam^ntioiu A bill <m the
ful^eoi ii now faeibte the Hoose c^ AnemUj; and a ataiBg
deidre ezietayeiy generally to pcoeute so inoreaeeof popidaiiaa
in thaiwaj.
X turn fipom the cbeerlesi pnMpeols of pioprielQiB to a ]
pleanng feature in the preeeiil Older of tUiiga. Thethxi?ing'C
dition of the peaiiiitiy ii ytxj attikaqg and gratifjiiig. I do not
aniqpoee that any penwintry in the woildhaTBaonuBijoomfarts,
or 6o mneh independence and et^oyiBent. Their bAarioor is
peaceable^ and in eome lei^ecta admirable. Tbej am finad of
flttiTn*HBg divine 8eryice» and axe to be leen on llie Losd^a Daj
thronging to their req>eetiT6 chuxohei and chapek, dieved in
good ololhefly and many of them riding on honeback. They
lend their children to school^ and pay for their sohooling.
They fobacribe for the erectkn of chnrehes and chapeb; and
in ^ Baptiet oonunimideB they not only pnnride the "whole
esrpenae <^ the religious eitablishment, but by the amount of
their contiibutiona afford to their ministen a mecy respectable
eoi^rt Marriage is general among ^e people; their morals
ar% I undecBtandf muxk improTed; and their aobrietf is re-
markable*
For these very gratifying oircamstanees we are indebted totbe
ministen of religion in the island of all denominations — CSinrdi
of England, Ourch of Scotland, Moiayisns, Wedeyans, Bap-
tists. Bish^, dergy, and missionaries all exert thenuelyes, and
Tie with eaoh other in amicable liyalry to do good to their
ftUowH^reatoresL The number of ohnrdies, chape^ and sdiools
built and being buiU in every part of the isknd affords a most
pleasing and enoouraging sght. In this respect ihe prospects
of the island are very cheering; and the liberal support afforded
to use&l institutions, and the encouragement given to religious
teachers without bigoted exclusions, are creditable to the island
Legidature^ and every part of the community.
My attention has necessarily been directed, as one of the most
important parts of my duty, if not the most important of all, to
the administration of justice by the magistratea.
STATS OP THB PSAiANTBT* 34S
The Bqptifl party pzodanoff ihtl the peesMitiy aie cppraned
and crashed b j enid kadloids and by lanqidloua laws passed in
tliefiistpartof tiiepraKBtScssioB. I ootainly did noi peiceiTe
any geaeral symptoms of sadk oppressioii duzmg my ton. I
fimiid the peasantry lemazkably comfortable, with money in
plenty, and independent and their own masttts in a greater
dcgze^ I belieTey than any peassntzy in die world. The pri-
sons were ahnost empty. The only vexation that the peasantry
seemed to me to be snk^eoted toy was fixon the erroneous system
of tsldng rent adopted by the mgonty of kndlorda or their
managers, whidi has been aheady described; and fixnn that
vexation Ab people could rdieve themselves, either by workiBg
atoadily for the estate, or by seekii^ a more comfortable tenure
dsewhere, which tibere could be no difficulty in finding in a
eouiitry abounding with qmre land of the most fertile descrip-
tion; I do not mean to advocate in the slightest degree what I
oonceive to be a very erroneous exercise of the rights of land-
lixds in die mode so firequendy adopted of regulating rent with
a view to obtain labor. I heartily wish and constantly hope that
it may cease. But it does not seem to me to merit die of^oro-
brioas designatioQ of oj^nression; whatever, however, it may
be termed, it is die only manifest annoyance to which the
peasantry are subject
With respect to die laws passed during diis Session, I am not
aware diat any of diem are iniquitous. The petty debt act has
come into frequent operation as the readiest method of recovering
rent or wages^ It applies equally to both sides, and I do not
perceive that it is an unjust act, unless rent and wages ought
to be left unpaid. The establishment of a Police is not likely
to be popular with the bwer classes until diey experience
benefit firom it, because it must in some respects operate as a
restraint. I received, however, only two complaints against the
Police during my tour, which were connected widi die exami-
nation of goods under the suspicion of their being stolen or
ilHcidy conveyed. A Police improperly directed may be a
nuisance. I therefore issued injunctions to prevent vexatious
^344 ON THE 8O0IAL CONDITION OF THE PSOPUE.
intennedclling with the people when the law peased, and have
renewed them in consequence of the complaints that I leoeiTcd;
but the paudty of complaints is rather a gratifying proof that
the Police are not o&nsive. There are other laws, which by
the party that will not allow Jamaica to settle into a state of
peace, are reprobated as iniquitous^ but I have not heard a
single instance of their being the cause of injury or snfieriiig to
any one.
Of the gentlemen of the country and the magistrates genenJly
I see much reason to entertain a good opinion. I see none to
suppose that they are bent on injustice. There are instances of
irregular proceedings and wroi^ judgments £rom ignorance of
law, such as may occur, probably, in all countries where there
are Courts of impaid magistrates; and there are compkints
of undue bias in their decisions against both ordinary and
stipendiary magistrates; but I do not believe that there is
wilful injustice. I certainly should not pass over any instance
in which I might be satisfied of its eidstence, wiUiout such
punishment as it might be in my power to inflict. I hope, by
obtaining legal opinions on every disputed question, and. so
laying down rules for future decisions, to prevent gradually the
errors to which the petty Courts are liable. I feel^ however,
much the want of Courts of Appeal, and shall endeavour to
institute them out of existing materials, if they be not provided
by new enactments of the Legislature.
I regard my administration as an experiment wUch will
show whether justice can be faithfully administered, and the
emancipated population be duly protected in the full enjoyment
of their freedom and rights on a system of conciliation and
confidence towards the local Legislature, the island magistracy,
and all classes of the community. My opinion at present is,
that this system and those results are not incompatible. If I
find myself deceived in this expectation, I shall lose no time in
apprising your Lordship of my disappointment.
The chief obstruction to the general harmony and happiness
of the island appears to me to consist in the unceasing effi)rts of
PABTT 8PIBIT. S45
a amall'party to blacken nearly the whole of the European com-
munity. That party is composed of Baptist missionaries and a
few odier individuals, and has two newspapers in its interest.
It attacks the island institutions, as well as individuals, widi
virulence, and is not deficient in either talent or energy. Fro-
feaang to be the only friends of the negroes, its members have
much power over the minds of that class. They have also the
ear of the society in England calling itself the Anti-Slavery
Society, and communicate with the press connected with that
80<nety. They* therefore, form a party of gxeat influence,
either to a£fect measures or to injure reputations.
I have incurred the resentment of this party, owing to the
publication, among the papers laid before Parliament, of my
letter of the 16th of October last — ofience having been taken at a
portion of the information and remarks submitted therein —
aldiough there is nothing, I think, in that despatch beyond
what evezy reflecting man would admit it was my duty to state
in seeking to afibrd information on the state of the island. I
represented in my letter of the 30th of September last the diffi-
culty that there would be in conciliating all classes, and how
conciliation towards any party might lead to distrust and irri-
tation in another. My apprehensions have been realised. The
harmony subsbting between the several branches of the Legis-
lature, and generally throughout the island, has been received
with distrust and disappointment by the party above described.
A suppressed disposition to attack me on this account had been
evinced before the arrival of the last packet; and now that my
despatch of the 16th of October has afibrded assumed ground for
resentment, I must expect that my measures, past, present, and
future, will be reprobated. Threats have already been uttered.
One reverend gentleman has taken the field, one of their two
papers is up in arms, and the other may be expected to follow
the example.
The publication of my letter alluded to of the 16th of October
has counteracted the plan, which I had carefully adhered to,
of avoiding the unnecessary expression of sentiments at which
S4^ ON THE SOCIAL GOBSRKUI OT THE PEOPLE.
eeeded lluit aeillier mj mcMiras nor my cpiniow bad been
allMfad by «iiy p«rty ; aUiaagli tke cae a qvesliai eti-
dendydaEked die gomd cocdiii% CBkabbked in theSnv*
petti ooomMBiiy. Their peMeeUe eoadnd tcmndi die
Gofemor penonaUy nqglifc have ksled unltt ge&enl aadbo-
mdoB had ezdnguiBbed parly ipuh: bat paaoe bae ben
abrapdiy tmninaliyl by dieir xenBtoai at Ibe ktter Aawe
awBtioiiedy and die aOaetai ance made are ptobaUy Urn eoan-
■MDOOMat of an intenainable aenea. I dhall, BevexdMkn^
continue to conamaicale to yoor Ixxddnp my Beuluueata on
aU eubjeeli of paUie intezeBt wxdiovt leserre, boUiag it to be
iny diity to do aow It will left widi yoa to cbtomiiae lAuAa
die paUicatioB of those aentimeola od etefy ooottaoi be ea^e^
dioBt for the pvbhc semoeor odierwiaB.
I have not alluded to die declaied enaiily of one of die
partiei in dna island fiom its ptobable efieet on me penooally.
I haTO been long enough in pnblio Ufe to kmm diat a pablic
naan nmt expect aboae, and that bis only sure stud^ is the
approbadop of hia own oonadenoe. I am not, dieRfoie, com-
plaining of what I know to be inevitable and irremediable;
but I think it right that your Lorddi^ should be aware of the
position in whidi the GbTemor now stands, his attempt to
conciliate all parties hairing failed widi xespect to one; and that
party, though small in die European community, posKsamg
immenae influence over masses of the negro pqpolationy and an
intimate connexion with a hage party at home.
They are fully senmble of their influence over the n^io
peculation of their own peisaasion, and, judging fiom their
past piooeedingB, I cannot rely on their wisdom and modention
in tl^ use diat they may make of it in order to accomplish
dieir ends. What dieir ends are I cannot comprehend; fiir
if they were really the welfare of the island and the happiness
of die peasantry, I cannot imagine how these gendemen could
expect to accomplish diose objects by encouraging hatred in
the negro popuktion against die European community, and by
THB BMrnst MvmumkwrFS. S47
ixtitatmg the latter with incessant abuse. The Baptist mis-
sionaries were, I understand^ in past times subject to much
obloquy and persecution, and still receive an equal measure of
abuse in return for what they give; but at present I regard
them as the aggressors^ for all other parts of the community
seem to me to desire peace and harmony.
I speak of the Baptist missionaries as a body, because they
appear to act as a body, and because there is no symptom
among^them of dissent from their pabEc proceedings. There
may be individuals among them who do not concur with the
majority, but if there are, they show no sign of disapproba-
tioB* As ODBiBten of religion and instructors of youth, they, in
wmaiuxm mA ■nnstoni of odier churches and seett, have zen-
dfised and are wikkring ineatimable aearvice to the Goloiiy ; but
as Ae poKlical body into which they hsve constitated them-
sdvei^ ihej are, I imty intensted, derigning, and torbakBt^ as
well as iMBgetooB to the pabfio peace j&om ihe infliiewiw which
they have acquired. I consider it to be very unfortunate that
this powecful party has become initated agaiast &e Governor
persona&y, because this feeling may do incalcalaUe injiny to
the pdbEc service; bofcnotfiiiig on their part shall induce me to
swerve fiom my duty, whidi indndes justice, liberality, and
ooooifiatioii towards them as well as towards every other party
in the eokny. My (^[unions r^arding them have been forced
on my nund by their ptoceediags; and these opinaciisit is my
duty to sabmit. I shall heartily lejoice if I see reason to
change them; and my most amdoos epprehensioas Hoarding
the fiite <^ Jamaica woald thereby be removed; bat ao repre-
soitatioii o( the state of the island could be fsithfnl that ez-
doded fiom view the influence poesessed by the Baptist mis-
nonaties, and the spirit in which it is exerdsed.
348 THS LABOB QUSSTIOir.
THE LABOR QUESTION.
TO THE BIGHT HONOBABLE LOBD JOHN BUSSBLL.
NoTember li, 1839.
Mt Lobd, — .... I have been endeayouzingy ever
siiice I assumed the charge of this govemmeiity to inculcate
temper, forbearance, charity, and harmony among her Majesty's
subjects in this island, and I see much reason to hope that ^e
good sense of all parties will ultimately secure these desirable
results.
The real difficulty, with regard to the prosperity of the pro-
prietors, appears to me to consist in the means possessed by
the laborer of comfortable subsistence, independent of labor for
wages. He may have regourse to the latter for the sake of
money, or handsome clothing, or luxuries^ but he is hardly
ever reduced to it from absolute necessity. The usual order of
things prevailing in other countries is thereby reversed in this;
and it is here no favor to give employment^ but an assumed
and almost acknowledged favor to give labor. There is a sense
of obligation in being served, but none in being employed. I
see no remedy for this difficulty but what time may produce.
Immigration, from various causes, is not probable on a sufficient
scale; and people will not labor without an adequate sense of
self-interest. Those who do not feel the necessity or advantage
of working from that motive, cannot be expected to exert them-
selves from benevolence to others, or notions of duty to the
community. Nevertheless, from all that I hear, I believe
that, in respect to labor, considerable improvement is gradually
PB00BE8S 07 BBCONCILIATION. 349
maldng way. The tone of the landed gentry is not universally
so despondent as it appears at one time to have been. The re-
spective parties are making arrangements together, with more
or less mutual satis&ction in different parts. A return of staple
exports, from the 10th of October, 1837, to the 10th of October,
1839, herewith enclosed, shows a large decrease in the exports of
ihe last year of that period compared with the one preceding,
and it is apprehended that there will be a further falUng off in
those of the next season, owing to the want of labor in 1838;
but there seems to be a general opinion that the return of 1841
win be more &vorable.
TO THE BIGHT ^ONOBABLB LOBD JOHN BUSSELL.
December 80« 1839.
Mt Lobd, — ^I see no reason to be dissatisfied with the
manner in which affidrs generally are at present proceeding in
tills island. A good understanding between employers and
laborers appears to be gaining ground, and tiiere are fewer
complaints than there were on the part of landholders of dis-
indmation on tiie part of the peasantry to work. It seems to
be now generally admitted that there is a manifest improve-
ment in this respect, comparing the period of this year since
August or September with the same period of the last
Disputes and litigation still continue in some degree, but the
instances, with reference to tiie number of the parties in ques-
tion, do not appear to be numerous, and have muck decreased.
Those that have come under my notice have been for alleged
breach of contract on tiie part of tiie laborer, and consequent
withholding of wages on tiie part of the employer, or few
demands of rent for houses and grounds. As tiie laborers
seldom enter into engagements for labor beyond a week, the
landowners, in many instances, refuse to let house or land for a
longer period. Rent, therefore, may be legally exacted witii a
very short notice, on any terms that the landlord may choose
S50 TBB LABOB Qt«TKnr.
to impoia; aad it is oAat aade mbflenrieBt to kbor, faeing
leoeaed or CBtiiriy remilted, im mddktOB to pftjmcBi of wagea,
if kbor b affoided, attl dooUed « tid]U if kWr ifl mtU^
It k im sone {dbces a praolioe to talcs vml from everf iadi-
Tidual subsistiiig UvtBelf by eabiviliai on a pnpertj, if lie
do not woik for the eilate, vidiovt i)i^[»d to the mnAer Ifcat
aHj ooempj me hooBe or till tlie «udm gunrnd, the Tent Bot
beiAg levkd on ^ aotual vike of ihe Jiouaei or OR aaj fpeoifie
qnaality of grouAd — this being im xaoBt easei vitbomt pinBe
lirndftB or meamememt— bnt on tbe privilege cf lesidaioe amd
the advantage of deriving subsistence ftaaa tbe kmd of ihe
estate. In such cases, the demand is modified or relinqnished
if the tenants work on the property, but exacted in full if they
do not. This mode of levying rent is deemed lawless oppreasion
by the excluave advocates of the emancipated class, while by
thoaa who hanw seoourse to it, it is regarded as a necessary self-
defence agaiaat the power of the kboEers to nun the eatsie by
strikiiig voik at any critical pesiod— a poirar whick tjkey geme-
zally poaseBSi firon ikeix lebotanoe to enter into engi^gemieBts
liar woric, amd whioh they axe said to ez^nise witbant bestalioB
whenitadistheircomvenienoe or pleasnietodoBO. Xhe:
levioltiag featurn of this state of thinga ia, that the <
of provirioma planted by the temamta is^ along witk their es-
pokion, aometimea, but X hope xmrely, die mnanq[nrnnr of dia^
putes with the mianager of the pxoperty. I imm heard of
infltonces of thk land , but aone have owie oflfeimHy beftne tne ;
nor htfireaay^asfiuraslam awue, been iMale Oe sak^eotof
oompkint bc^tbae any Court. There may be eaaoani which even
thk eztiemily, bMrbarow as at seems^ m$j foe both legal and
justifiable; but I tmat that the ooeuxrenoe of ike practaoe k
oottfiBed to the few inatanoes in whieh I hsi« heard of it I
have adverted to thk question of xent in a fimer deapsldi,
but have recmxed to it again, beoauae it aeema to me to be <he
one that zemaans more unaettkd tham any other part of the
lektiona between die agricultural kborer and Us employer,
and lihe cody one likdy to ooi^iuuie a aubjeet for agitatm. It
is not, however, to be inferred that the owners or managers of
all properties act on the STStem described. I have heard seyeral
dilate with pleasure on the advantage which they have derived
from making rent and wages totally unconnected; by taking
their rent separately, regularly, and without diminution; and
by paying wages without any deduction on account of rent.
Under these circumstances, diey say the tenants prefer, for
their own sakes, as well as from good feeling towards their
landlords, to work for the estates on which they are located,
and do so cheerfully, so that there are no disputes. I should
hope that most commonly the separation of the questions of
rent and wages has already taken place, and that it will become
the pmctioe univexsaUy. Thexe will be no diffiouky on these
subjects when labor is tm esseatial to the praMut as ii is to the
kadlord^Md »k« liie Mrt of lioiK «nd iaad ^
suffioienl ^ixe to xeoompeiise the landlord for tiie letting of
his property^ without reference to other condderations. Until
then, I can only hope that good sense wHl mutually prevail,
and the two parties concur in what is beneficial for both; for I
apprehend that anj attempt to interfere by legislation would
be both futile and injurious.
With jrfeiqaut to the relations of Jamaica with the mother
comtry, a gwd spixit seems to me to picrail throoghomt the
iilaad; and this has, I think, been evinced in the pxooeedxBgs
of the Legislature during the present Session. I am awaiting
the seeopi of copies of the iiumeious aols tlurt have been pasKd,
in oflfder to lay them before your Lotdship, yriAk such vemsrics
as the <wwieati of each may suggest
353 BTIFEHDIAST XAQI8fnUTB8.
SnPENDLUai MAGI8TBATES.
[At page 897 refSsraioe is made to the cucnmBtanoes under whkk the
Stipendiazy Ma^pstnAei were appointed. Tinej irere sent out witii the
object of oountencting the sapposed one^dednesa and iogiutioe <^ the
local magistracy, which was composed principally of the proprkiUns and
their agents ; bat Sir Charles Metcalfe, seeing that mnch ill-will was per-
petuated by the existence of the stipendiary body, was anxious gradually to
abolish it, by abstaining from filling np vacancies as they arose.]
TO THE BIGHT HONOSABLB LORD JOHN BI7SSELL.
December 21, 1839.
Mr LoBDj — ^I report with regret the death of Captain
Reynolds, one of the stipendiary magistrates, and a respectable
I should have suggested, for your Lordship's conndeiadon,
that the opportunity unfortunately afforded by this casualty
might be taken to commence a gradual and experimental re-
duction of the number of stipendiary magistrates, for reasons
which will be explained in a subsequent part of this letter. My
only inducement for not submitting that reoonmiendation on the
present occasion is, that there are two gentlemen acdng as sti-
pendiary magistrates in the places of absentees, on whose return
they would be thrown out of employment, if they were not
proyided for by nomination in succession to vacancies, by death,
resignation, or removal. They were appointed to officiate by
QXXE8TI0K OF ABOLITIOK. 353
my predecessor, and are, I understand, deserving men. It rests
with your Lordship to determine whether their claims to succeed
shall be allowed, or a reduction be actually commenced on the
present occasion. If you approve the gradual reduction that I
contemplate, I shall avoid the occurrence of any future claims
of this description by abstaining from the nomination of any
additional magistrates to act for absentees, — a course that I have
no doubt can be adopted without disadvantage, while it will
tend to advance the gradual reduction which I conceive to be
desirable.
Your Lordship will probably expect from me a statement of
my opinions on the question of the aboUtion of the special magis-
tracy in August, 1840, or its continuance beyond that period.
I therefore embrace this opportunity to submit my sentiments
on that subject.
It is impossible to enter on this question without bringing to
mind the hardship, and suffering that would attend the turning
adrift of a number of meritorious gentlemen, whose sole de-
pendence is on the subsistence afforded by the offices which
they hold. I am sensible, however, that the question must be
decided on public grounds, and that private considerations
must be excluded.
In some respects the abolition of the existing stipendiary
magistracy is very desirable. It would remove the only cause
of offence in the present order of things. The stipendiary ma-
gistrates have had such a part to perform in this island, that the
landholders, composing the principal portion of the influential
community of the country, cannot be expected to be reconciled
for a long time to come to an arrangement which they regard
as a grievance and great affront to themselves. No measure
could be more gratifying to them than the abolition of the sti-
pendiary magistracy. Many admit that, in the altered state of
society, some stipendiary magistrates are necessary, and that
the business of the country cannot be sufficiently carried on by
unpaid magistrates alone. The Legislature would probably be
willing to provide for the requbite number of fixed magistrates,
2a
S64 8TIFBMBIABT MAfilBTBAnB.
and migbt not object to the employinent of a £em of Ihe pse-
■ent ifeipendiarief ; bat the cnriiiting msthotioii and the majontj
'of its memben axe objects of looted dialikey and lia abc^tion
would canae great joy and aatiafiiction to the landholdeiB gene-
lallj.
I do not aaeribe these feelings to any eiq>ectation that the
ramoTal of the sfeipendiaiy magiafcmtea would xeatore a oueidfe
power owe the kbonng population — forldo not imapne that
any such idea ezkia— but to the belief that the prcsmoe of the
fitipendiaiy magistrates on the present flystem, and the spizit in
which thdr fimctioaa haye been ezerdsed, do and will prevent
the inflnenoe which the landlords in other free comtries na-
torally possess over the agiicultaral laboroa in their Tianity,
and over tenants on their estates.
I cannot pretend to say what would have been &e conae-
qnence in carrying the establishment of freedom into eflEect if
stipendiary magistrates on the present footing had not been
located in the several pari^es, but it appears to me to be
certain that their introduction has, in a great degree, tended to
predode the formation of the mutual agreement and attachment
which exist elsewhere between landlords on the one hand, and
tenants and laborers on the oth^r, and are fisflential £ar the con-
tentment and prosperity of an agricultural community. What-
ever may have been the advantages produced by the stipendiary
magistrates in other respects^ they have, I fisar, caused or pro-
moted the great evil of discord between the landhddea and
the laboring population. I should, tiierefbre, r^ard the aboli-
tion of the stipendiary magistracy as most desirable, if I were
satbfied tiiat it would now tend to establish those rdations
which, for the welfioe of the conmittnity, ought to subost be-
tween the higher and the lower ordecB.
It may naturally be doubted whether the abolitioit of the
stipendiary magistracy could be carried into eflfect without pro-
ducing injustice towards the laboring population, by placing
them under a magistracy composed almost ezdnsvely <k hmd-
J<»ds and their agents. I cannot presume to determine so un-
EFFECT ON THE LABOHIKG FOFUIATION. 855
poitaat a queBlion, bni I ahould entertain a confident hope that
the measaie might be adopted without that lamentable result
The local magistrates are remorable by the Governor at plea-
anre; and I should expeot that, by a watchful attention to their
conduct^ by working on ihdr good feelings, by settling all
doubtful points either by law or by l^al opinions, and by in*
sisting on the administration of justice accordingly^ as well as
by the formation of such institutions as the Legislature of the
idand might be disposed to maintrfiin for the purpose, the equi-
table administration of justice might be secured here, as well as
elsewhere, without the continued imposition on the colony of a
class of magistrates who are naturally odious to those whose in*
fiuenoe they in great measure subvert.
I have no apprehension that the laboring population would
tamely submit to injustice, even if I saw reason to anticipate,
which I do not, that injustice would be systematically at-
tempted. I do not suppose that theie eidsts in any part d[ the
world a laboring population less likely to submit to oppression
without making every practicable exertion to resist it. They
are fully stable of die rights of freedom; and having stepped
into them suddenly, they are mose tenacious of them, in every
tittle, than those who have grown up in the possession of those
rights from infimcy to manhood. At the same time, having
bc^n taught, by circumstances and the instruction of others, to
regard their former masters as their enemies, they are devoid of
that habitual deference and respect for their landlords and supe-
riors which the rural population of other countries generally
imbibe. I have not the slightest apprehenaon that they would
submit to injustice without struggling for redress. I should
rather fear that they would be hasty in conceiving and resent-
ing it» even where ^e etymptoms might be questionable. These
opnions may be erroneous, and I shall be glad to coixect them
when I find that they are so. I submit them now without
sufficient experience to give weight to them^ because the occa-
sion requires that I should state what my opinions are on this
important point
2 a2
856 BTIFEm>IABT 1CAOI8TRATES.
As fitr, iherefoie, as legards the essential admimstratioii of
justice, and the conduct to be expected firom the local magis-
tracy, I should have no hesitation in carrying on the goTem-
ment of this colony without the aid of the present body of sd-
pendiaiy magistrates, and am of opinion that they might be
discontinued without any ill effect on those points; but there
is one consideration which deters me from recommending thor
sudden or complete removal The emancipated population
have been taught to regard their former masters as dieir op-
pressors, and the stipendiary magistrates as their peculiar pro-
tectors— as a body especially appointed for the security of their
freedom and rights. If the charge against the stipendiary ma-
gistrates of pardality towards the laboring population be in any
degree true, that circumstance must tend to increase the exclu-
sive confidence of the people towards them. I cannot tell
what might be the effect of a sudden removal of the stipendiary
magistrates. Its operation on the imagination of the people
might produce serious and deplorable consequences, even if no
pains were taken to aggravate their despair.
I cannot, therefore, venture to recommend a proceeding,
which otherwise, on some public grounds of importance, I
should regard as very desirable* But I am induoedf by the
various considerations that I have stated^ to believe that a gra-
dual reduction is advisable.
The gradual reduction which I have recommended may seem
to your Lordship to be too slow in its operation, if you sbould
approve the reduction of the number of stipendiary magistrates
on any plan; and it certainly would be too slow for the expec-
tations of those who desire the removal of the whole body. I
nevertheless am unable to suggest any other scheme of reduc-
tion that appears so likely on the whole to accomplish the
various objects that must be kept in view. The method that
I propose is, that every opportunity be taken of death, resigna-
tion, removal, or promotion, to reduce the number, and that
the operation be facilitated by taking advantage of every occa-
sion on which a magistrate can be transferred to any other office
OSADUAL AB80BPTI0N 07 THE BODY. 357
without injury to his interests. By this method the people will
become gradually accustomed to the want of stipendiary magis*
trateSy and if any evil should thence arise, it will become
apparent before ^e mischief be either great or irremediable.
In the mean time the stipendiary magistrates may be instructed
to pursue a course which will render them less obnoxious to the
landed gentry, by seeking exclusively to do justice, without
reference to the situation or color of the parties, and by ceasing
to regard themselves as the protectors of a particular class — a
feeling which can hardly fail to impair their judicial impar-
tiality. In this manner^ and by settling doubtful points, and
leaving less to the discretion of magistrates than is at present in
that predicament, owing to the numerous questions that arise
imder a new order of things, I should hope that the gradual
reduction of the stipendiary magistrates might take place with
good effect and without any mischief, and that by degrees the
irritation which their appointment or their conduct has caused
will cease, so as eventudly to lead to their admission, by consent
of the local Legislature, into the institutions paid by the island,
as a useful and efficient body — an admission which is at present
totally impossible.
If your Lordship, admitting the expediency of some reduc-
tion without a total abolition, should insist on an immediate
reduction to the lowest number that might be deemed necessary^
it would be my duty to state that the number might be reduced
to one for each parish, or about one-half of the present esta-
blishment; not, however, without some apprehension on my
part that so great a reduction, suddenly executed, might alarm
the emancipated population, not merely through their own fears
for the loss of so many supposed protectors, but also through
the sentiments which they would hear from their advisers.
On the other hand, such a reduction would be- more gratifying
to the landholders than the gradual one before suggested, as it
would in a greater degree advance the object of their earnest
desire. If your Lordship should require so great a reduction at
once, I would recommend that it should be carried into efiect
Sfi8 8TXPJEEn>uxr KAfiunuiss.
on some general principle, snoh m the letwitinn of llie scDian
snd the disohazge of the jonioEB; thfti noiild piediide the idea
of piitiaUtfi ficom which it would be scaxodj posiible to eacepe
in any edeodon aooozding to eetimated meot, llie efeandnd of
merit being bo diflEnent in diflbient hranfJinB of Ihe cooDBmsity^
that the abienoe of partialitj would not be anffiiMnt to piefeot
Its bong inferred.
lliere ie et present befi>re the Hooee of AfisemUy a lall for
ihe improvement of oar judicial establiahmenti, wUch indndea
a provision for the appointment of chairmen of the CodxIb of
Quarter Sessions, to be nominatwl from gentlemen of legal
education and praetaoe, either bamsters eaocfaisvely, or indnding
aoIicitoiB, as may be determined. Ifthisbill becaixiedy ssFecal
members of the House of Assembly will have given their aop-
port to it chiefly for the purpose of eflEbcting the xemoval of
the stipendiary magistrates. If the Courts, under legal dbaix^
men, obtain the confidence of the emancipated popnlatian, the
only objection on public grounds that I see to the xemoval of the
magistrates paid by the mother coontxy will be obviated. It
vrould then become my duty to submit an opinion to that efihst
for your Lordship's consideration.
I have now stated, I fear in too hurried a manner, owing to
the expected despatch of the packet, all the esHpaitial pconts
that occur to me on this important subject; my own inrJinatiop
being at present towards the gradual reduction that Ihave t
deavoQted to describe.
THB GOYXiSVOB'S 8AI1ABT. 359
THE QOTBRNOR'S SALARY.
[Erom a deBpatch» dated Januaiy 12, 1840, revievisg oertain acts of the
local Legislature.]
[ExTBACT.] — No. 44^ ^^ An Act to provide an adequate
Salaiy to support the honor and dignity of her Majesty's Be-
piesentatave in this Island," fixes and increases the Goremor's
salary, and abolidies feea which he zeoeiyed as dbanceUor, and
ordinazj and other allowances formerly assigned in lieu of
servants, of Pen, and of Mountain, the two latter terms having
reference to country seats at one time supplied to lihe Governor
at the expense of the island, for which amount sunui of money
were subsequently substituted. The allowance for servants was
a substitute for the slaves fonnerly attached to the King's
house. Besides these fees and allowances, the Governor had
an umual salary, from wnat is termed the Council Fund, of
15001. sterling. Li bygone days and during war ihe emdu-
ments of the GoTeznor are said to have been very large; but
latterly, the salary, fees, and allowances above notioed, together
widi a share of escheats, constituted the total of his remunera-
tion, unless it was augmented by an additional grant firam the
island Legidatuze. The aggregate, independently of such a
grant, was on an average rather under 5000/. sterling per
annum. It was customary, as one of the first measures of the
Assembly after ihe anival of a new Governor, to Tote an addi-
tional salary of 16002. sterling per annum. The aggregate cf
llie Gbvemoz^fl stipend with this increase was on an avemge,
according to the accounts laid before the House of Assembly
360 THB OOTBBKOB'8 8ALABT.
on the prese&t oocanon, 6480/. sterling per annum. The addi-
tional allowance of 1500/. above mentioned was Yoted for tbe
last time to the Maiquia of Sligo; but when, during hia Lord-
8hip*8 adminiatration, the feelings of the Hoose of Aaaembly
had become embittered, a resolution was passed that no addi-
tional salary should be granted to any future GroYemor. This
resolution was in force on tiie accession of Sir Lionel Smith;
and whether it was from conastency, or because he was only
at first Lieutenant-Governor, or because, as Commander of the
Forces, he had already an addition to his civil allowances larger
than that which it was customary to vote, no further salary was
granted. He was subsequently, I believe, instructed to apply
for the usual additional salary, and did so. It was tiien leftised;
partiy, it is now said, because it was demanded as a right, and
partiy because he had a larger remuneration, owing to his
military allowances, than any civil Governor would have, even
with the usual addition. On my succeeding to the govemmoit,
it was my determination not to make any attempt whatever,
either directly or indirectiy, to obtain the usual additional
salary. This was not only in my opinion the course most
suitable to the character of the office which I hold, but was the
more requisite, as one of my first duties being to conciliate the
House of Assembly by all proper means, it was essential to
avoid anything that could possibly attach unworthy motives
to the conduct that I had to pursue. The proceedings of the
House, therefore, in every part of the measure now enacted^
have been perfectly spontaneous. One of the members in the
first instance, and soon after the commencement of the session,
announced his intention of making a motion for an additional
salary to the Governor, but subsequentiy gave way to another
member, who took up the question with a more enlarged view
of it, and urged the propriety of fixing an adequate salary for
the Governor in one 8um, and of abolishing the fees and other
allowances heretofore drawn. This gentieman had the courtesy,
before he brought in his bill, to consult me on the principles of
it, without any reference to the amount of salary that might be
ABOLITION OF FEES. 361
fixedi and zeoeiTed my complete and hearty assent to those
principles. These were, that the objectionable and derogatory
mode in which the Governor had been accustomed to receive
his remuneration — ^that is, by fees and various petty allowances
— should be abolished, and a fixed salary of one amount substi-
tuted; and that the salary should be fixed, not for the present
Governor alone, but for all future Governors likewise, so that
no future Governor should be placed on his arrival in the
awkward position of depending for a portion of his salary on
the humor of the House of Assembly at the time. Both of
these principles have been attended to in the act, the former
satLsfactorily, but the latter not so perfectly as I expected, and
understood to be intended. This will be explained in the
sequel Before the bill had passed the House, and while it
was still in the committee to which it had been referred, the
same gentleman who had previously consulted me as to its
principles, took an opportunity of statbg the probable amount
of the salary which would be fixed^ and mentioned 7000/. ;
on which I remarked that I considered it as quite suffi-
cient, and even more than was requisite. That was in
reality my opinion, for I neither expected nor desired more
than had been customary. Notwithstanding this intima-
tion, the committee recommended the larger sum of 8000/.,
and when the proposition was discussed by the House, the
only debate that took place was not from any objection to
that amount, but on two motions to increase it, one of which
would have made the salary 10,500/., and the latter, 11,500^
The recommendation of the committee was finally adopted, and
the amount fixed at 8000/. — ^that is, 6500/. in lieu of fees,
various allowances, and other emoluments^ in addition to the
1500/. received from the Council Fund. This salary is ample,
without being excessive, with reference to the calls on the
Governor for expenditure, if he performs that part which his
station may be said to require of him. The spirit in which the
measure was carried through the House could not fidl to be
highly gratifying, but the satisfactory character of the arrange-
382 THE aOTBBHOB'S flAIiAXT.
has been impeiied, and one of its pnnaqplee ui a gnat
degiee deperted fioni, by limilaig ile dmatiaA to fiw Teeo.
The fldaiy is eftill a edaiy, not for me peiBoiuJlj, bat ix the
Govttnor £nr the tune beingt andthedniatiflnoffive jeaairillf
moil paofaeUt^t extend bejond the period of myadmrniftortiffn;
bat this Hmitatinn will bring the qneetian of the Govenot^e
fldery agun befose the HoaaB^ and nnder it hable to be
afibcted by ^pc^ukr finding of the tinie^ whatever it may be.
Th^ rrpfeTiatifm gmn 1^ tw^ f^^ i3m }writ^**'V!\ ^i thatalthoogh
tibe adary ia at pieBent meant to be pennanent &t all Gotbt-
noBSy it ia, neveilheleBB^ <^Tpfidifait diat the Legidatuxe shonld
have the power of eodier ledudng it or increaaing it, afier an
interval, aocoodingly as the state of the piosperity and veaoozoes
of the isknd at the time may eaggest the one or oompd the
otheiw I was not airue of thia limitation of dandon given to
the act until it had passed die House of Aanmbty. I ehonld
otherwise have prevented it, by pointing out that it might pze-
dade my consent to the aot» firom ita not being quite oon-
sistent with the letter <^ my instmodons to aasent to it^ theae
direoting me not to aooept any additional salary unleas it were
granted tome and my aoooeesoaB, or to me for the period of my
administration. When I became acquainted with die limita-
tion as it stands in the aot» there waa no mode left of
exduding it otherwise than by xejectbig the whole act, — a
measure which it did not aeem to me right to adopt, aa die act
aoocrds with the spirit of my inatmcdons in grsadng die aalaxy
to fiiture GovemoEB ss well aa myself and, being altogedier a
different measure fi(»n diat contemplated by die inatmcdaDS,
hardly appears to come under them. Shonld your Lorddi^>,
however, be of opimon that die alteration ia desirable, I am
assured diat there will be no difficulty in altering the limitadon
to die term of my adminifiratian. I acknowledge, however, diat
I piefiar the present Umitation to one that would make die
grant more personaL The act rests at present on a better
principle, aldiough die dmntion is too diort ; and die only
ahfiradans in that reject that appear to me to be desiaUe are
ItlHITATIOEr or THX ACT. 363
either the lengthening of the duiation, or the total abolition of
the limitation. There is a clanse in the act which limits the
aakzy of a Lieutenant-Governor, or Governor exerdaing the
military command in the island, to 6000Z. sterling, in addition
to his military allowances. I am not aware that there is any
objection on principle to this clause, according to which a
Grovemor, holding also the military command of the forces, will
stiU have a larger salary than one exercising only the civil
government By a subsequent resolution of the House, the
payment of the difference between the salary fixed and the
allowances to which the Governor, under the law repealed,
was before entitled, has been made retrospective firom the
commencement of my administration. It may be proper to
semaric, that if^ fix>m any csose^ this act shoold not be renewed
at the tetmiiwfcion of its penod of duration, the law which it
repeals will of course revive, and the aUowanoes of the Gt>ver-
non win be what they were before ihis act was paased.
364 BEFOBK OF THE JUDICIAL STBTEIC
BEFOBM OF THE JUDICIAL SYSTEM.
TO THE BIGHT HONORABLE LORD JOHN BTJ6SELL.
April 15, 1840.
My Lord, — ^I have the honor to sabmit an abstract of the
act for the reform of the administration of jusdoe Which has
been passed by the Legislature of this island.
Its principal provisions are, the creation of a profearional
Vice-Chancellor, two professional Assistant Judges, and nine
professional Chairmen of Quarter Sessions, who will also be chief
Judges of Common Pleas, and will form Courts of Appeal from
the Petty Sessions, and from the summary jurisdiction of ^e
magistrates.
The Vice-Chancellor is to have a salary of 25007. sterling; the
Assistant Judges of the Supreme Court, of 2000/. sterling each ;
and the Chairmen of Quarter Sessions, of 1000/. each.
The Vice-Chancellor and the Assistant Judges, I r^iet to
say, are to be selected from the Jamaica Bar alone. I do not ex-
press this regret from any doubt of there being gentlemen at
the Jamaica Bar fit, from their qualifications, as well as eligible
by the terms of the act, but because the range of selection is
thereby on general principles too restricted, and because this
part of the act will not, I know, have your Lordship's appro-
bation. It was strongly contested in the House of Assembly,
many members seeing distinctly the propriety of throwing the
selection open to the Bar of the United Kingdom as well as to
that of Jamaica. There was only a majority of four in favor
CHAIBMEN OF QTJABTSB SESSIONS. 365
of the limitatioii. The Council tried an amendment, throwing
open the appointment of yice-Chancellor, but that also was
rejected by the same majority. The minority in the Assembly
made another efibrt, and would, it is said, have equalled their
opponents on that occasion, but it was too late. The limita-
tion, of course, proceeds from local feelings; and there is this
to be said in favor of it, that xmless the selection be confined
to the Jamaica Bar, there is little chance of their ever practically
benefiting by the appointments created, as when nominations
can be made fix>m home they generally are made from home
for obvious reasons, and the Jamaica Bar, who have no prospect
of promotion at home, are thus cut ofi*from it here also. Never-
theless, from higher considerations than the interests of the Ja-
maica Bar, it is clear that the range of selection ought to be more
extennve. Your Lordship will perceive that the limitation in-
cludes gentlemen now at home who have at any time heretofore
practised for the requisite number of years at the Bar of Jamaica.
I will endeavour to procure a list of gentlemen under those
circumstances, and transmit it, together with a list of those now
at the Bar here, for your Lordship's consideration.
The appointment of the Chairmen of the Quarter Sessions is
on a better footing. The act enables your Lordship to appoint
the whole of these &om England, and to select them from bar-
risters of two years' standing at the Bar of the United Kingdom.
This appears to me to be an enactment of great importance, for
it is in the lower Courts, not in the higher, that distrust of mo-
tives is likely to prevail. With Courts of Appeal, consisting
of men of legal knowledge and unbiassed judgment, all in our
power will be done to give confidence in the administration of
justice between the landowners and their laborers; and the
usefulness of those Courts may perhaps be hereafter extended.
I should wish, with your Lordship's concurrence, to reserve one
of these nominations for a gentleman — Mr. Bernard — ^who is
a sufferer by this act — for he will lose a judgeship — and the
only man, I believe, in the island possessed of all the requisite
qualifications, with the additional very essential one, that his
366 BBPQBM OF TBM JUDJOAJU BTBOM.
iioiiimation would be palalable to all putieB. Thoe ne odna
qualified in all other xeapeeli, and olheiB who miglit bsve the
oonfidenoe of all partoes, hot are nol pffrfcannally qualified.
The gendeBBan abore named hat the aingnlar fiaitoDe to be
digible in eveiy reaped, and la the onlj one of ivhott I ean
(^ dial opinion. iBhoddthereftnebehappjtobeaBDlhoxiBBd
to confer one of theae appointmentB on him; and if your Lordr
ship will aend dght uprighti nnbiaand gendemen, of legal
knowledge and aotmd judgment, to fill the other seala nnder
Ihia arrangement, the Goorta of Qoarier Seoiana and Common
Pleaa will be greatly improved, and the GooitB of Aj^ieal will,
I trost, work wdL
Whatever poweia aie given by ihia aoi to the (aovemor, are
of course given to your Lordahip, under whoae oides the Go-
vernor acta.
It 18 not my intention to carry into eSbct airjr put of ihe
act that depends on me until I receive your sanction and in-
structiona*
The increase of the salaiyof the Chief Justice to 3000iL aker-
ling 18 a proper measure, anl fiilly merited by the long and aUe
services rendered by Sir Jodiua Bowe to the eokmy, in which
his impartial and benevolent admimstntion of juatioe baa gained
nnivenal confidence and admiration.
I hope that the defect in the bill produced by the lif^tatiffin
of the three appointments in the higher Courts to tiie Jamaica
Bar will not induce your Lord^p to disallow the act. It is
in other req)ects a very good act, and ought not, I tiunk, to be
tiirown away. If your Lordship will confirm the act, and in-
struct me to endeavour to procure the amendment of any part
that you may deem objectionable^ my best efibrta ahall be ex-
erted to accompHdi your widies.
P.S. — It occurs to me to notice to your Lorddiip tiiat no
banister can be admitted to the Jamaica Bar who has not been
previously caUed to the Bar in England.
▲STANTAOES OF COHGILIAIIOlf. 367
ADVAiniAGBS OOP OONGILIATION.
Uuly 33, 1840 J
[Tbe Mowing extracts from despatches to the Colonial Office are giren
in ilhtstrstion of the ooncifiatQiy oonne of poficj wMdi Sir Charles Met-
cdfe so ipisefy ponoed in JaDMSca^ and which was pxodoctrre in the end of
sock bmcfieial reanlta. He was of opinion that mneh harm reaolted from
the disposition of the Home QoTenmient to mistrust and to interfere with
the local L^;iaktare ; and these despatches were written, parti j« in respectful
deprecation of this mistrust and interference. It was ohvions that at such
a time the worst consequences would ensue from a rupture with the House
of Assembly.]
[Extract.] — It will be seen £rom tlie xemarka herein sub-
mitted, that, of the fear acts which your Lordship piopoeea to
extingiiiBh, three fonn Boards by which a considerable portion
of the public boanesB of the cokxnjr is conducted with benefit,
I oonceiTB, to the State^ and with so much comfort and satifl-
faction to myself as the Ocnremor, thai I should find it difficult
to say in what manner the same duty could be more efficiently
or moie carefully perfcrmed; and that the fourth act is one for
which apparently no snbsdtute could be found.
Gnmtbg, however, the possibility of finding substitutes for
these acts, whidi, being more in accordance with the practice at
home, would be more agreeable to your Lordship, there remains
» most cogent reason for abstaining firom disallowing them,
which is, that they could not be discontmned with the concur-
xcnce of the isknd L^islatore.
308 ADTANTAOES OF CONCIUATIOK.
The control over the finances and the ezpenditare to the
extent proyided by these acts, is held to be the right of the
popular branch of the Legislature, established bj practioey as
many rights are in most constitutions of long standing. It
would be no consolation to the island constituency for the loss
of this right to hear your Lordship's explanation of its origin.
They would deny that during the time of Slavery the popular
branch of the Legislature was generally, if ever, the passive and
obedient instrument of the Governor's will, and would appeal
to facts in history to show that the House of Assembly had
frequently during that period made a resolute stand against the
Elxecutive Government, and most commonly with success. They
would argue that the possession of these powers by the popular
branch of the constitution is an indication of former strength,
and that such powers are not ordinarily conceded to weakness.
The abolition of these four acts would be regarded as a revolu-
tion, and would, I apprehend, be reristed by all the means that
the popular branch of the Legislature possesses. I cannot per-
ceive any advantage that would be gained by the abolition that
could compensate for the injurious consequences of a rupture
with the island constituency.
If your Lordship should continue to deem it of paramount
importance that the powers possessed by these Boards should
be wrested from the legislative and transferred to the executive
power, I would still recommend that the measure should be
deferred until a sufficient number of the membeis of the Legis-
lature be willing to concur in it, or until other circumstances
arise to justify such an attack on the hitherto acknowledged
privileges of the island constituency. It would be doubly ill-
timed at present to rush into such a collision, when tiie colony
is only recovering from the wounds inflicted by the recent
contest, and when the conduct of the legislative bodies is sudi
as to entitle them to approbation and esteem.
There are two methods of governing Jamaica: with and by
the island constituency and its representatives, or against them.
The first, to be successful, must be consistent. A measure of
EVILS OF A BUPTURE. 369
condliatioii to-day and one of irritation to-morrow, an altcfna*
tion of confidence and distrust, of kindness and jealousy, will
not produce cordial co-operation. There must be continued
confidence, mucli patience and consideration, sincere respect
for established rights and privileges, and credit for good inten-
tions. Then I believe every amendment that can be desired,
either in laws or in administration, for which the resources of the
iaknd are adequate, and which do not encroach on hitherto
recognised popular powers, may be gradually accomplished.
But I cannot conceive anything more calculated to throw back
all improvement that depends on co-operation, than such an
attack on the established rights of the Legislature as would be
involved in the abolition of the four acts which form the subject
of this report.
If I had any hope of being able to carry that measure into
effect without a rupture with the House of Assembly and the
island constituency, I should bedeech your Lordship to let me
know what you w6uld propose to substitute for those enact-
ments; and if your Lordship be determined to annul them, it
will be most necessary that you should clearly explain what
arrangements will satisfy you as substitutes; for to apprise the
House of Assembly that they are to be deprived of the powers
which they hold by those acts without showing to what their
concurrence will be expected, might throw them at once into a
state of exasperation and despair. But, believing as I at present
do, that those acts cannot be annulled without a rupture witk
the House of Assembly and the island constituency, and not
being able to perceive any advantage in the proposed measure-
that could compensate for so serious an evil, I venture most
earnestly and anxiously to recommend to your Lordship that the
arrangements provided by those acts be allowed to continue,
either permanently as acknowledged parts of the Jamaica con-
stitution, or at least until the concurrence of the colonial Legis-
lature can be obtained for their abolition.
Notwithstanding the decided opinion that I now express of
the impracticability of obtaining that concurrence, I shall not
2b
S70 ADYAHTAOU OP OOHOHJATIOH.
omit to svail iBTnlf of any oppoitonitj to endeanroiir to i
tuBi without gmng paUicitj to jour Locdahap's
wbidi wouldi I ooneehre, be injimoiis, wheAer tliero k any
psobabilitjrofaoqvienaioe; andif I find that I fasve been mis-
taken, and diat oonciineiioe k not impoanUe,! shall not fidi to
aj^iiiaayoiirLorddiipof 8iiehachangeinmjexpectati<HUL I
must natmally be anziooa to cany your inafenietions on all
oooasions into efieoti and nothing but a strong sense of duty
would lead me at any time to question the ezpedieney of the
measufss that yon preaeribe, or to refer fiir leoonsidentkm a
question on which you had cxpieased a decision.
I depvaoate any peremptory measures destractiTe of die
powers hitherto exercised by the popular branch of the island
Legifllataie. That bodyi with respect to the Groyemmenty is per-
fidctly independent Theve ia no way of influencing its ^o-
ceedings except by that treatment which inspirea oonfidoice.
It win do anything that it belieTes to be f<v the good of the
idand. It will do much to meet the wishes of her Majesty's
Ministers. But it will turn if trodden on. If it be treated
with onntinnal distrust, and if its hitherto admitted priYiI^es
and powen be foraUy taken away, its aflbctions will be
alienated, and its ooidial co-operation in such measures as her
Majesty's Ministers may deare, cannot be expected. What
else in that case may erentually happen, is beyond the scope of
my present speculation. I should hope that, with oondderate
treatment, collision with the Legiskture may always be avoided ;
but if it be sometimes inevitable, I trust that the cause of its
occurrence may never be ascribable to aggression on the part of
the Gbvemment
IJufy 89. 1840.]
[ExTEAOT.] — It may be noticed, as an instance of the readi-
ness of the local magistracy to adopt any improvements suggested
to them, that they have universally, on my recommendation ad-
dressed to the several custodes, established Courts of Reconcilia-
tion on the model of those existing in Norway and Barbadoes, in
nFBOTED PUBLIC FSXLI1I0. 871
wiikli jisiei of the Iftboiiiig popoktioii fettle t^
finrtenity; The Gkifqinor of Borbadoet, I bdiere, under youi
LordAip'f BoggtB&mf finroied me inth a desoriptian of the
ertabBrimeat of those Ccmrts in that island. Their intio-
dQction into Jamaica appeared to me to be very deniable; and
my Tiewa wete oopfially and zealondy met by the looal autho*
litiet. Coorftiof Reeoociliatioii arenowin operation^and will^
I hope, produce good effects. The people seem to be pleased
with them; and some of the npper class have aUowed their
difiercBcea with their laboreni and others to be adjudicated in
these GooTtsi What the permanent result of their introduction
win be when the noreky shall have ceased, is yet to be seen;
but I see no reason to despair of its being beneficiaL
I am happy to be able to add that the stipendiaiy and the
local magiatntes are generally co-operating cheerfiiUy in all
branches of their dulaes, that the differences between ihem are
less frequent^ and that the strong feeling existing genei^y in
the island against the stipendiaiy magistrates has in a con-
siderable degree subsided. I have much reason to be satisfied
with iheir condnct, and have great pleasoxe in beaiing testi-
mony to their useful and meriUnrious services.
In the coochtding remarks of your Lordship's despatch on
the dntj of affording protection to those classes of the Queen's
subjects who constitute the great majority of the population of
Jamaica, I beg leave to express my entire concurrence. No
person in the world can be moie sensible of the weight of. that
obligation than the Governor who, in addition to the cal|B of
humanity and public duty, has the further motive that his
reputation depends on the fulfilment of that purpose. The
only question is how it can best be accomplished; — ^whether
by riding roughshod over the idand institutions, and knocking
down right and left everything that stands in one's way, or by
cordially oo*opefatmg with the isbnd authorities, legislative
and executive, profiting by their good feelings^ taking them
by the hand, and leading them gently to every desired im-
provement, Teq>ecting their just rights as well as those of otheiSt
2b2
372 ADVAirrAGES of oomcilzatiov.
and, above all, by not suspecting and distrosting them. Tbe
latter is the coune which natorally presented itself to m^ and
if your Lordship allows me to proceed in it, I will answ^ for
this deddedlyi that the people shall be efficiently protected;
and if I cannot answer for everything else^ I will candidly
apprise you whenever I see reason to anticipate a failure; and
I confidently trust that in the mean time no harm will have
happened from the experiment
Applying the question to legislation, I would say that I
know no limit to the improvement in our legislation that
might be effected by gentle means. If your Lordship would
send me the most perfect code of laws in the world, securing
in the utmost degree the liberty and protection of the subject,
I could almost engage that it dhould be adopted as the code of
Jamaica; and I would say the same as to any amendments of
our existing laws that can be suggested, provided that they
come recommended purely as improvements; but if the im-
pression be produced, however mistaken, that our well-meant,
albeit imperfect, legislation is received with suspicion and dis-
trust, examined with a censorious spirit^ rejected and hurled
back on us branded with the opprobrium of demgned injustice
and oppression; that what is deemed good and just law for the
fi*ee people of England is reprobated as the reverse because it
is enacted in Jamaica; that affection and care are entertained
for only one class, and that all others are regarded with in-
jurious prejudice, — then disgust must arise, which would be
followed by disaffection and its consequences. The island could
only in that case be governed by the main force and coercion
of the mother country. The cordial co-operation of the island
Legislature and constituency would be at an end. I am in
this description only endeavouring to point out the opporite
working and effects of different systems; and by inference, the
consequences to be expected, according to the inclination which
your Lordship's measures may seem to have towards tiie one or
the other. I am sure that your Lordship's intentions are both
just and generous, but much> it appears to me, depends on the
way in which tiie most generous designs are pursued.
CONBTITUnOW or THE LOCAL GOYEBNMENT. 373
CONSTITUTION OF THE LOCAL GOVERNMENT,
IFebruaryU.lSH.']
TO THE BIQHT HONORABLE LOBD JOHN BUSSELL.
My Lobd, — I have the honor to submit the thoughts that
oocui to me on the subject of your Lordship's despatch of the
26ih November, No. 166.
I am not aware of any benefit that would be derived in the
present state of Jamaica from the formation of two Councils^
with different designations, in lieu of the one at present exist-
ingy which under one designation performs on different occa-
sions different functions; and although there does not appear
to me to be any objection to such a change, objections might
be raised on the part of the island to what might be construed
as an alteration of the constitution now established.
At present a body exists designated the CounciL Without,
I believe, any distinct definition of its double character, this
Council acts as a legislative body in passing, amending, or re-
jecting the bills sent to it by the House of Assembly, and as a
Privy Council on certain occasions in which its concurrence is
necessary to legalise acts of the Governor, and on other occa^
sions when the Governor may desire to seek its advice. As a
Legislative Council its right to originate bills is disputed by
the House of Assembly, and as a Privy Council its duties are
generally few and unimportant, except on rare occasions, when
weighty questions may be brought under its deliberation by
S74 oonxiTuiuMi or tbb ixksal
either the law or the Governor. With thoae ezceptioiifl, the
executive authority is exercised by the Grovemor without
reference to the Council, and an opposite pracdce would both
retard the despatch of business and impair the power of the
Gbvemor, which is not so extensive in this colony as to need
A\m\rntAnnff.
There is, therefore, no Council in Jamaica bearing the de-
flignation of Executive Council, although the Cooncil, when
acting as Privy Council, may be considered as acting in an
executive, as distinguished ftom ilB legislative, capadi^.
The Council is a post of honor which many, no doubt,
would be glad to enter, but it would be in its double capacity,
or in its legislative capacity, that it would be so considered.
A separate Executive Goundl, to which the mere duties of a
Vnrj Ooondl wwe tnmafeaed, would o&r fitde inritewfit to
honoimUe ambition, and I do not know that any addition of
duties could be made that would much increaae tba ten^tioB.
The nomination of membeis of the House of Assrmh^to the
SsecativeOounoil,iftfaqr oould be indnoad to aooept the ap-
pointment, would piobably draw on them the anspioiom of not
being independent, and would diminish their inflnimoe in thnr
own House. Ihia would be a reason with lesdi]^ memben,
iriio might nemrtbeless be well disposed towards the Oovnm-
meat, to deoliiie auch an appointmenli and if them were any
desirous of it, they would most pcobaUy be such sa could aoi
render much aid to the Goyernment in the Assembly. None
possessing influence would choose to lose that and the reputation
of independenoe by aooepting an appointment wUoh woald
neither oonfer power nor emolument, sttd could aoaiody, under
the cireumstanoeB suj^osed, be deemed in any high degree an
honor.
I should not, therefore^ eiqwct any increase of influence to
the Govemment from aubh a course; and oonstitated aa the
House of Assembly is, and possessing the powere whidi it has,
I cannot perceive any means of influencing it at the command
of the Government, except what may be derived ficom
QOYXBHICEHT BQABD& 375
Iktion and miiliial ooidiifity tnd oo-opeimtloiL Muchofwlial
ifl dwiiimhlft for tlie good gavenaami of the lalaiidiDay, I ogH'-
00m, be aooompEdied by these meens; but it is not to be ex-
pected that the Aflsaiibly will be teadity indnoed by any means
to lelinqniah the asBnmed nghts and pri^ilqies^ or the actual
poiwer which it has acqniied dming the progzessiTe finmatiMi
of the Jamaica cooatitalion*
Acoording to the foim which this has psactically assnmed,
the House of Assembly asserts all die rights and pavil^ges
whidi bekng to the House of Gammons in the Lzqierial Par*
Hamenty and mndi moie» for it naiTntains the sole nght of
originating bills to the ezdnsion of the Gonndl^ and akhongh
this eadnaiTe right is not admowledged by the CSooncil, the
power of stopping the sappUes glides such stiength to the
Aanmbly in any dispate, that the Gooneil natorally and laud-
ably abstadns from a contest which would cause much mischief,,
and has long submitted on this point to the pieteDsiotts or
rights asserted by the Assembly.
The House of Assembly furdier daims the pri^ilqge, not be*
kngittg to the Hoaw of Commons in England, of aj^ointing
Boards, consisting in one instance* of all ihe memben of the
Assembly exofasiTely ; in another,t of the members of the Aa-
ssosbly Mid the membem of the OouncO noasinally, in which
the fanner virtually exercise erdusiTe power; in another^ of
the Assembly, the Oouncil, and the Govemor nominally, with
neariy the same eflbet. These Boards sit permanently, notwith*
stanflbng the prorogation of ^e Assembly, and even in ^ case
ofadissoltttaon until the meeting of a new AsMmbly. Andthese
Boards exercise a considemble part of the powers, and perform
a krge portion of the duties, which in other countries belong
to the ezectttive authority.
These peculiarities in the constitution of Jamaica, if it may
be so called, haye been noticed and objected to by your Lord^
ship and by Lord Glendg. As the Boards in question are
* The Board of Accounts. f Committee of Coirespoiidenoe.
X The Board of Works.
376 COK8TITUTIOM OF THE LOCAIi QOVEBHHEHT.
nominated under acts of the Legialatuze, dther annual or
triennial, the Council and the Grovemor must be consenting
partieSi and her Majesty's Ministers a confirming par^ to those
acts, in order to render them valid. The power, therefore,
exists of disallowing them; but the exercise of this power
would ^ve extreme offSsnce to the House of Assembly, without
perhaps producing any other addidonal efl^t than that of de-
stroying the means which exist of carrying on the goyemment
harmoniously, for the power of substitution without the concur-
rence of the Assembly would be wanting, and its ready co-ope-
ration under such circumstances could hardly be expected. I
should not, therefore, anticipate any benefit from entering into
a struggle with the House of Assembly for the abolition of
these Boards equivalent to the evils which it would excite, and
am of opinion that it vrill be wise to abstain from any attempt
with that view, until there be manifest reason to suppose that
the Assembly may be persuaded to co-operate.
Looking forward to changes which may already be in pro-
gress, there is a possibility, perhaps a probability, although it
cannot be regarded as a certainty, of a considerable alteration
in the constitution of the House of Assembly. If the number
of freeholders belonging to the laboring class increase so as to
affect the elections, and if they be under other influence than
that of property, the Assembly may in time be composed chiefly
of members of a different class £rom those who now represent
the present constituency. If the new members be in a nunority
opposed to the still dominant party, they may be inclined to
support measures recommended by the Government. When
tliey become themselves the ruling party, they will probably be
as tenacious of the power acquired as their predecessors in the
Assembly have been, and as all bodies and individuals, whether
aristocratic or democratic, generally are. The time when the
government might expect to possess the greatest influence in
the Assembly would probably be during its state of transition
from representing the proprietary of the island to representing
the mass of tiie people. When the proprietary, before being
FEELIKOS OF THE PBOPBIETOBS. 377
actually reduced to a minority in the AsBemUy, see, neverihe-
less, that such a fiite is inevitable, they may naturally become
more disposed to add strength to the Government, and to reduce
the power of the popular branch of the constitution within the
bounds beyond which it has extended itself. The Government
would then have^ from the influence of circumstances over both
parties^ the best chance that is likely to occur of obtaining,
with the assent of the Assembly, that degree of executive
authority which your Lordship deems to be essential for the
due administration of the Government.
For if the conjectured change in the House of Assembly
should really take place, a considerable alteration might natu-
rally arise also in the feelings of the proprietary of ihe country.
Those who are now tenacious of their own power, and jealous
of encroachment on the part of the Government, might see evil
in ihe transfer of that power to a lower order, and might be in-
clined to co-operate with the Government, in order to guard
against apprehended encroachment from the popular party.
Under such circumstances, the Government would probably
strengthen the Council by a larger infusion from the proprietary
body of the island, while the latter would look to llie Council
as an honorable poation, and as the means of retaining a por-
tion of power. Thus the two great classes of the aristocracy
and the democracy would become severally represented in the
Council and the Assembly. This seems to be the natural course
of affidrs in the case supposed.
On the other hand, if property retain its influence, if the
good feeling which appears to be growing up between the
landholders and the peasantry be confirmed, or if a new class
of voters be introduced to any extent by immigration, the
change imagined may never take place, or not, at least, for a
long time to come, and power will remain in the same hands
that now hold it.
Quitting these conjectural views of the probable future, and
looking only to the present, I am not able to suggest any mea**
Fures that seem to me likely to alter the existing state of things.
S78 00N6I1TUII0VarT&BI^0GAI.QOrBBSKEirr.
or to iacBeaw the s»fl«-i^ of the GovaaiieBt m the Hooee of
Ammblj. I haye eiraady slited that I abodd aot airtnpete
■Mh aiewlt fioBi the oioatioo of a aepaiate EaecatiiFeOouBcfl,
aal the pkci^g Ihenui of aame leading membeD of the Howe
ofAflBDnUy. I diafly aeferthekH^ keq» m oonatnt wv/onr
Lofdflhip't lanliiiation on thia aulgeet^ and if I ewer aee maoft
to «qppoaa diat it ean be acted on wilb adtanti^get I will not
fiol to aabmat my opinion to that effbct
I hare Ae hmor to oononr eatiidy with yoor Loxdrinp in
tlunking it dedrable that thd kw^offioen of the CSrowrndbDold
ham nets in the AaaemUy; hntlhia, atpoeeent, caaoDljrbe
aooompEahed by nooinating ai kw-oflSoeia of Ae Grown indi*
Tidnab who ha^e ^ looal inflnenoe neoeaaiy to aeonre thsir
alaotiop. That laflwoey e?en then, ought be iinpairod by
their appaanqg in the Hoaas as the avowed paitiana of the
Qovennaent; and an offioer ao ntnated would have ooniUber-
aUe difficalty in reoonciling hia aappoaed obligation to his
ooMtitnentB with his dnty to the Grown, or hia iadepaodent
dMuaoter aa a member of the AaseBaUy wilb hia olher ofaa-
motar aa a aerfaat of the Gvremment Hie finnaliliwr,ira
being all independent of the GoTemment, theea are no oertain
meana of prooaring the letom of any offioer of the Gbown; biU
I do not aappoae that being an offioer of dm Crown would pre^
vent hia eleotion if he had penonal infloenoe, or were aqipoaed
to be a fiiend to the idaad. I ahould not diink it impcamble
that the House of Assembly might be brought to agree to die
admission of aome offioeia of the Goremmeat, avowedly sepre-
senting the GoTenunen^ with the privilc^ of speaking and
detivexing their opiniona, and propoeingi or advocating, or
oppoong meaaiuesy but widiout die power of voting ao aa to
imduoe a deciatve eflhot on results. Even diia, however,
might very probably be objected to aa an innovatioa ; and
when I express an opinion that such an arrangement may not
be impractioaUe, I have no better fbundadon for the notion
than the reaaonableneas of die proposidon that the Government
DUTfiiBonoiHr OP PAXBraracHB. ST9
ahonU poMs the moiiifl of camminricrting hatiy wkk llie
Sib inflnminft iMA moot Qonamnfii axeraae in toBie
dagiee<nrer oomwnilMBi oonatitaensies, jmd pnMioimwnMiM,
by the agency of patronage, ' has been thrown away ai to
Jamaioa, by the jaanner in which the patroni^ of the Qrown
has gBaanllj heon eoBBrdBed. I allnda more apeoially to
£>oeer dayi» when patent fliieonze cffioes were gxanted to indi-
Tidoab in Wiiglaml, mi Ae ezpenae of the eokny, die duties
to be pcrfiamed by itt-paid depntia^ Ae emohanenti to be
chiefly enjoyed by genflflmen lesi&ig in England. When
sach waa the mode of distributing patronage in the idaad, it
cannol be wondeesd at that a spint of coanteinctbn arose, and
that local patrom^ has genecally been kept out of the hands of
die Government by the House of ABMrnUy, and granted to its
ownmend)flDQrtoh>calanlSiocxtie& The mode of distributing
the patronage of the Gmwn above aUnded to has for the fiituie
ceased, but the ^^pointments wfaioh the Grown oonfins are alill
made genemfly at faame that is, firom individnals who aie
strangers to Jamaica*
In Older to piodnoe the local influence which m%ht be ac-
quxred throughsnoh means, not by conuption, but legitimatdy
by liie popnlaaty of sudi m oonne, the patronage of the Grown
ought to be bestowed within Ae idand en individuals rsoom*
mended by the Gbvemor as tbe most deserving and best
qualified. I do not mean to propose that the selection should
be excfaisively with the Oovemor without control, or that the
Grown should not have the option of ovetrdzBg his nonma-
tion— ibr an abaolnto power vested in the Governor might be
abused-— bat that the appointments should be made by the
MinisteBB of the Grown after receiving the recommencbitions
of the Governor, and diould be conftrred on inhabitants of
Jamaica, whether natives or those who have setfled here,
except when there may be paramount public reasons for a
difisrent choioa. This system might tend to oreato influence to
380 coNsnTunoH of the local goysbhxent.
the Ghyvemment in the island^ wUle the neoeeniy of placiiig
the gioundfl of his xecommendation on xeoord would iacieafle
the carefiilnett of the Govenior in his selecsdonfl, and promote
the employment of the most efl^ent individuals of the oam«
munitjr.
Another cause, perhaps, of the want of inflaenoe of the Go-
venmient oyer the local Legislature is the absence of nearly all
of the wealthy proprietors of the island. Had they beoi resi-
dent they might have formed a sort of aristociacy moie ready
to support the Government than those who loealbf £11 their
places as their agentsj and are more dependent on the consd-
tuencies which they represent As, however, there were
resident proprietors who acted with the House of Assembly in
its violent career during the recent straggle with the Govern-
ment, it is not certain, although it seems not improbable, that
a larger number of wealthy proprietors resident in the island
would give greater strength to the Govenment.
. That straggle tended, at least for a time, still more to widen
the disconnexion between the Government on the one hand,
and the Assembly and their constituents on the other.
Whatever may have been the causes, the result is that the
Assembly is an independent body, acknowled^ng little influ-
ence other than that of the constituency which it represents —
in other words, the supposed interests of Jamaica. Whatever
measures are calculated to promote the interests of the consti-
tuency, without being manifestly unjust towards others, wiU
naturally be carried. Whatever measures are abstractedly
good without injuriously afiecting those interests, are likely to
be carried; but whatever measures may be decidedly injurious
to the interests represented, or may threaten to curtail the
powers and privileges of the Assembly or the local authorities,
will most probably be resisted; and I do not perceive any other
means in the present materials of society of exerdsing any in*
fluenee over the Assembly than what may be derived from a
good understanding, founded on careful and conciliatory con-
duct on the part of the Government, and on the good sense and
ABSENCE OF PABTT. 381
good feeling that may pievail in the House. Any attempt to
form a (Jovemment party, as disdnct from the island party,
would at present fidl, and would not, I conceive, at any time be
desirable. There are now no parties in the House. There are
individual member^ more ready than others to advocate liberal
measures, but they do not form a distinct party; and there are
questions on which the whole House would probably be united
as one man against any encroachment on the part of the
Government. The wisest course, under sucH circumstances,
appears to me to be to regard the Government, the Council,
and the Assembly as forming one party, and to lead all as
much as possible to good measures. The executive adminis-
tration cannot be so efficiently conducted as it might be with
fuller powers in the hands of the Government, but until these
can be obtained with the concurrence of the Legislature, I
should think it more advisable to make the best of things as
they are, than to cause them to be worse by endeavours at alte-
rations which could only be accomplished by the forcible sub-
verdon of the exiflting constitution, and the probable destruction
of harmony and affection.
S8S PBDBOV DnomiiHS.
PBISON DISGIPLINK
TO THK RIGHT HONORABLE LORD JOHN RUBSELL.
iFBllQ^184L
Mr Lord,— I have ihe h<»ior to sobniit the BepovtB of In-
speefeon of Prisons fer 1840.
These reports scaxoely indicate any imptoveraent in ihe pri-
sons of this isUnd anoe 1839. In some instmoev explanations
have been called for from local anthorities^ whodi axe abo for^
warded; and I have added copies of instmetiooB and other
communications issued as occasions required.
To place all the parochial prisons in Jamaica in a state that
would provide for the most limited separation of their inmates
in classes, would require an expenditure hardly less than two
hundred thousand pounds. Ten thousand pounds per annum
has been devoted by the Legislature to this purpose, and it
may therefore be hoped that it will gradually be accomplished.
In the mean time, it lessens the mischief attending the want of
classification, that the inmates of the parochial prisons are
generally few in number, and for short periods; all who are
under sentence for more than two months being removed to
prisons better adapted for classification.
It is my intention to endeavour to introduce the separate
system into the Penitentiary whenever it may be completed,
which, however, will also be a work of time; and the very
commencement has been delayed, first by the difficulty of
CLAS8IFIGATI01I 07 FBIB0NEB8. S8S
bimging together w0 appooiled eommittBe firam iinAt seveml
aTocKtioius aaid, salieeqiientlyy hy iSbe daagcrow illnesB of tlie
iflknd eDgineer^ on wliose e^ipected report fbrther prooeedixigB
Until the erection of the Penitoituaj, I prc^pose to nse the
Kingston prison aa the general prison for male conricts sen-
tenced to more than two mondis' imprisonment^ as it has
greater aooonnnodation, and admits more of separation and
classificatioBi lor which I am indebted to tiie exertions of the
mayor, than any otiier prison in the island. It neverdietesB
has many defects, which I must try to get remedied as weD as
I can; and I intend, as far as posnble, to introduce into this
prison the roles and habits that will be erentnaliy establidied
in the Penitentiaiy. But our progress in amendment wiD pro-
bably be dow.
I have aseigned two separate prisons in different parts of the
island for female convicts sentenced to more tiian two months'
imprisenment^ which has enabled me to separate that class of
prisoners effectually from the males.
The three county gaols are appropriated ezclomrdy to debtors
and prisoners committed for trial; excepting that of Cornwall,
at Montego Bay, where there is no other prison for male mis-
demeanants under short sentences, the former house of correc-
tion having been converted into a prison exclusively for females.
The greatest difficulty that I have met with in attempting
the separation of prisoners has been in the necessity which exists
for accommodating six classes of prisoners in every parochial
prison — namely, debtors male and female, untried male and
female, misdemeanants under short sentences male and female,
without any means generally of preventing intercourse during
the day. It is not possible to surmount this without a large
pecuniary outiay beyond what can be obtained otherwise than
gradually from the island resources.
I was for a considerable time in correspondence with the
parochial authorities on this subject, and plans of new prisons,
or of alterations of those existing, for the purpose of meeting
384 PBISON BIflCIPLIXE.
my viewd, were sent in from Berenl panshea ^th appaient
decile to cany them into effect; but the care of the prisons was
transferred daring the last sesdon of ihe Legidature from the
parishes to the island, and the quesdon of alterations and new
buildings is now imder agitation with the Board of Works,
which has not funds at its command to do more than a Tcry
small part of what is required.
I have, according to your Lordship's desirei prohibited the
employment of prisoners out of their prisons, whenerer means
can be found for providing work within the walls.
My attention has been incessantly given to the object of
effecting improvements in every part of prison arrangements.
I cannot say that I am satisfied with the degree of amendment
that has been effected. There is a division of authority which
retards and practically impedes advancement. Someihing de-
pends on the Board of Accounts, something on the Board of
Works, something on local authorities. I have no reason to
complain hitherto of intentional want of co-operation; but au-
thority that is divided cannot be wielded with the same celerity
and efiect aS that which is united in the same hands.
I have called to my aid in this department, as Inspector of
Prisons under the act of the last session, Mr. Daughbrey, one
of the most zealous, able, and discreet of the stipendiaiy ma-
gistrates, and I expect to derive great benefit from his as-
sistance.
HEALTH OF THE TROOPS. 385
HEALTH OF THE TBXX)PS.
[The fonr folbwiDg brief despatches are inserted in illustration of Sir
Charles Metcalfe's constant anxiety for the welfare of the troops under his
command. He saw that they were being sacrificed to ignorance^ negligence,
and fslse economy ; and he exerted himself, not without success, to establish
a new order of things^ by locating on the healthy high grounds of the
island the European regiments which perished miserably on the plains. It
was characteristic of Metcalfe that he made the first movement on his own
responsibility, and offered himself to bear the expense.]
TO THE RIGHT HONORABLE LORD JOHN RUSSELL.
January 8, 1841.
Mt LORDy — With reference to mj despatch No. 152, I
have the honor to report that, in consequence of a communi-
cation from the Major- General commanding the forces in.
this island, I have sanctioned a provisional arrangement for the
posting experimentally of one hundred men of the European
troops at Newcastle, pending your Lordship's decision with
r^ard to the proposal made for purchasing ground and erecting
a permanent barrack at that station.
The arrangement which I have sanctioned is, Ist. The renting
of two hundred acres at Newcastle, for one hundred and sixty
pounds per annum, for a term of years, with the option to the
Government of annulling the agreement and purchasing the
property for three thousand pounds when so disposed; 2nd. The
erection of a temporaiy barrack for one hundred men, with
20
88< HBALXH OW THB TBOOP8.
due regard to economy and to ihe prospectiye use of the build-
ings under a more permanent arrangement, should the latter
be authorised.
Having sanctioned this temporary arrangement on my own
responnbility, I shall be prepared to regard the expense as
chargeable to me personally, if the arrangement should not
have your Lordship's approbation. I have considered the
health of the troops as too important to allow me to hesitate
in incurring this risk.
TO THS BIGHT HQKOBABLE UOMD JOHN BUSSBIX.
Ane 17, 1S4I.
Mt Lobd, — The mortality among the European tioopa sta-
tioned in the low kadi, on the south nde of lUa idand^bas
been dreadful durii^ the hi*ter part of dw kit, aad die first
portion of the present, year. It has now, I trusl^ snosideaL
All the stations alluded to have been visited by that pesti-
lence, the yellow fever. Port Boyal^ which continued healthy
for some time after the other stations had suffered, latterly be-
came the most afflicted of all. New comers have been the
greatest sufferers. The artillay, recently arrived, have lost
numbers of non-commnrioned officers and privates; aid of the
officers who came out with theaa, and did not retom with, the
detachment relieved, all have perished; whik those wIm wen
here before and remained with die relieving^ campaaia^ although
attacked, haive generally survived*
The cause of so much &tal sickness has probaUy been a very
unusual season, unexampled drought having pesvuled for a pio-
tracted period. This calamity has also ceased, a great quantity
of rain having recently fiJkn, b«t not bafiare ruinous ispuy
had been inflictsd on some parishca.
The troopa stationed at Brown Town, in the high kBd% hasie
been healthy. Among the blade troops statinoed in the low
BATAGBS OF THB TBLLOW FEVEB. 387
lands the laortality haSy I undemtandy been confined to the
European officers. Eveiything tends to show that all the Eu-
ropean troops in this island ought to be stationed in the high
landSf and the charge of the low landff be left to black troops,
to whom the dimate of ihe low lands is congemaL It wocild
be eren desirable, I think, diat the number of artiUerymen
whom it might be neoeasary to retain at P<Mrt Royal shocdd be
black, and diat the fine body of Enropeaos belonging to the
Royal Artillery should be posted in the moontaina and saved
from the pesdlenee of die hyw landsL
Of theofEceis who ha^e peridied during thiaawfidTisitalion,
Colonel MarshaD, of her Mqest/s 82nd Raiment, and Captain
Slade, of the Royal Artillefy, have each left a widow and
serera! children without adequate proniBion for their support.
I know not whether the regulations of her Majesty's seryiee
admit of extraordinary bomities <m such oooadons, but I con-
sider it to be my duty to bring die cases to your Lordship's
notice aa well worthy of comaderation.
Cobnel Blarshall raised himself to rank and hononentirdj
by his own merits. He serred his oountry actiydy and without
intermission aa an officer fer forty-one years — was engaged in
the war in Spain, France, Canada, and dsewhere — and was
sereral times severefy woonded in the field. He leaves a widow
and four children, two boys and two girb.
Captain Slade, of the Artillery, served in the Peninsula and
North America, and has left a widow and three duldren. His
means did not enable him to bring them with him to Jamaica^
and during his short residence here he imposed many privations
on himself on tfaeb acooant.
A number of orphans, the children of non-commissioned
officers and privates, have been left totally desolate, their parents
having been victims to the raging fi^er.
2C2
388 HSALTH or THE TBOOP8.
TO THE RIGHT HONORiLBLB LOBD JOHN RU88EIX.
June 99, 1841.
Mt LobD| — ^The following are some of the distreaniig de-
tails of the xecent mortality among the European troops sta-
tioned in the southern part of Jamaica, owing, in mj opinion,
entirely to their being quartered in the low lands, or in por-
tions not sufficiently elevated to be above the reach of jellow
fever, the pestilence of this island.
Within the last eight months, the 82nd Raiment has lost
by malignant yellow fever five officeis, nine sergeants, one
hundred and forty rank and file, thirteen women, and twenty-
two children, the number of deaths increamng with each suc-
cessive week, up to the middle of the past month; and the
ejademio vidting with almost equal virulence every station
occupied by the re^ment, or to which it was removed for the
chance of relief. It has, by deaths and discharges consequent
on wasting sickness, lost one-third of the numb^ brought into
the island little more than fifteen months ago; and one-fourth
of the regiment has been carried off by fever. Of a draft of
one hundred men which landed in the middle of January, one-
third died within four months, and two companies of artilleiy,
which landed in February, have shared the same fate. A bat-
talion of the 60th, landed recently, and since the pestilence
was supposed to have subsided, has, neverthelessi had nine
deaths by fever in one week.
TO THE RIGHT HONORABLE LORD JOHN RUSSELL.
Angost 18, 1S41.
Mt Lord, — I grieve to report that the mortality in her
Majesty's 60th Regiment has continued unabated. That regi-
ment has lost by death firom fever, in two months, one hundred
and thirty-eight in number, including eight women and six
children, amounting to one-third of the strength stadoncd in
8ANITABT HEASUBES. 389
the low countiy. Every station where there was accommoda-
tion has been tried, and all have proved deadly. The deaths
at Stoney-hill alone, out of a garrison of eighty, were sixteen
in last week.
I lament to add that Lieutenant-Colonel the Honorable A.
F. Ellis, the commander of the regiment^ son of Lord Seaford,
has been a victim to the pestilence, beyond the number above
mentioned. He exerted himself to the utmost degree in care
and kindness to all under his command, and remained in the
low lands until arrangements could be made for the removal of
the whole of the regiment to the hills. He went up a few days
ago, but was carried off the day before yesterday by the pesti-
lential yellow fever caught in the low lands. He is mourned
for with heartfelt affliction by the officers and men of the regi-
ment, towards whom his kindness was that of a father; and is
deeply regretted by all who knew him.
A party of one hundred men has been stationed at New-
castle in the hills, of whom one has died, and two of a party of
thirty stationed for some time at another property. All these
deaths were in consequence of disease imbibed in the low lands,
and took place immediately after arrival in the hills, as in the
case of Colonel Ellis; and now that many have gone from the
low lands with the disease in them, further deaths must be
expected in the hills, although the yellow fever never origi-
nates in the high lands.
The Major^G^eral commanding the forces has been for
some time engaged in arrangements for the removal of the
whole of what remains of the regiment to Newcastle and its
vicinity. They will be temporarily accommodated on neigh-
bouring properties, and afterwards in cottages erected for them,
or in tents. No expense will be incurred in erectipg barracks
beyond what has already been undertaken under the authority
received from her Majesty's Government. Nevertheless, the
temporary arrangements necessary will cause some additional
expense, which will, I trust, be sanctioned. I entirely concur
in Sir William Gomm's measures. I conceive the removal of
890 HKALTH or THB TBOOP8.
ihB wgimeBt item die low k&df to be elMoIutelj iMmrimij for
tfaenfefefoftiieinmvocs; and I eeamdy bope liiet her Ma-
jeifrf^t Gbfemmeiit nill unction die eneodoii of banacke at
Newcastle for die whole r^ment stationed on this side of the
isbnd, and fi>r the Emopean AidUeiy ilso^ other theie or in
•one pari of the hilh^ in oader thai die tooops may never again
beeKpoaedto soeh draadfiil moHality aa has been eiqmenoed
during the last jear by the artillecy at Fort Royal, and die
gSnd and 60di Hfgiments in the aeival sladoaa of Up Park
Camps, Fort Angosta, Port Boyal, and Stoney HilL
To enaUs die finropeaa AxdUeiy to be poeted in the hillsi I
wonld stron^y leeoraniend, what I hsve already <m. a fbrm^
ooeaBion suggested, diat a email party of Afrioan Artillery
dbodd be finmed for the daily vootine dnties of Port Boyal,
whidi mi^ be done either by entertaining A^cnn recmite
for die purpose, or by training a detachment of <Hie of die
Weat India regiments to the gun praodoe.
BEStOlTATION OF THE GOVEKHXENT OF JAMAfflA, S91
BESIGNATION OF THE GOVEENMENT OE JAMAICiL
TO THE BIGHT HONORABLE LORD STANLEY.
NoTembarJ,184L
Mr LoKDi — in a xeoent oonramiiicatioii I intimated that I
aboaid take die earliest oppoTtcmily <^ submitting to your
Loidahip ihe gvcmnds on irinch I considered myself to be justi-
fied in scdioiting penmaBion to letive horn the giovenmient of
Jiamaiea, and letozn to England at a period not tax distant
When the olEkt o{ the Gbremondup of iina islaiid and its
de^MBdencieB was conireyed to me» my only indnoement in ac-
cepting it was the hope of rendering some service to my ooontry
by becoming mstnunental in ^e reconciliation of the colony
with the mother coontiy.
That object was accomplidied, soon after my aRival, by the
good sense and good fe^ng of the colonistBi who leadily and
coidialiy met the condHatoiy disposition whidi it was my duty
to evince towaids them.
The next subject that most attnKrted my attention was the
imwitJHfactoiy feeling of die laborii^ population towaida their
employen. This has naturally subsided into a state mme con«>
ntent with the rektaons of the parties, and there is no longer
any ground of amdely on that account.
Other dissensions in the community, which grew out c£ pre*
ceding circumstances, have, either entirely or in a great degree,
ceased, and order and harmony, with exceptions which will
occasionally occur in eveiy state of society, may be ssid to
prevaiL
3M BE8I0NATI0H OT THK GOySBHXSRT OF JAMAICA.
The refonn of the jadicial eitabliahmeni was oonaideted bj
her Majesty's Gbveniment as an object of eaential imp(»ta]ioe,
and was likewise desired by the looal Legislatore. That mea-
sure has been carried into operation, with eveiy assnranoe of
suooesBi at a considerable cost to the island.
The improvement of the prisons was another object much
desired bj her Majesty's Government. The local LegislatQie
has co-operated sealousljand liberally towards it. Means have
been provided for its attainment to the utmost extent at present
practicable. The reform of all the prisons is a work of too
great expense to be performed at once, but it is in progress, and
the realisation of all that is desirable in the details of this inte-
resting question is in a course of gradual accomplishment. .
Many laws have been passed with a view to meet the change
that has occurred in the social relations of the inhabitants of
the colony, and to approximate the statutes of this country to
those of England. Although the business of legi^tion must
ever be one of incessant advancement, I am not aware of any
peculiar matter, immediately pressing, that requires to be un-
dertaken.
Of agricultural prosperity I cannot speak with any certainty,
because it depends on prices at home, and on circumstances
which are not under local control; but the prospect as to the
crop now on the ground, and the expected produce of the great
staples for exportation, is more promising than that of any season
for many years past. New sources of wedth, in the prodacdon of
silk and cotton and the extraction of copper, have been called
into action, but have not reached a state of certainty, and cannot,
therefore, be regarded as securely established. The articles which
yield most profit will naturally be those most cultivated; which
is the reason, combined with the scantiness of population, why
the exports of Jamaica are so few. Commercial interests have
sufiered, partly from over-trading on excessive credits suddenly
withdrawn, and partly from the disturbed state of affidrs in the
South American State of New Ghranada; but it is supposed
that the worst has passed, and that trade is likely to revive.
WOBK TO BE DONE. 393
These aie matters which the Execudve Government can hardly
influence.
With respect to the laboring population, formerly slaves, but
now perfecdy free, and more independent than the same class
in other free countries, I venture to say, that in no country in
the world can the laboring population be more abundandy pro-
vided with the necessaries and comforts of life, more at their
ease, or more secure from oppression, than in Jamaica; and I
may add, that ministers of the Gospel for their religious in-
struction, and schools for the educatioji of their children, are
established in all parts of the island, with a tendency to con-
stant increase, although the present reduction of the Mico
schools is a temporary drawback.
Under all these circumstances, as the peculiar state of Jamaica
at the time was my only inducement for coming here, and as
I have never wished to remain longer than might seem to be
necessary for the accomplishment of the importGUit objects
which presented themselves, I trust that the expression of my
wish to be relieved will not be deemed inconristent with the
sense of duty that brought me to this post.
It is far from my intention to represent that there is not
ample and noble employment left for my successors. There is
a great field for continual improvement. The country has
vast resources yet undeveloped. A larger population of Afri-
cans for labor in the low lands is requisite; and the establish-
ment of a population of Europeans in the high lands is highly
desirable. Capital, which in despair of adequate profit has
been withdrawn, will require increaring enterprise and success
to tempt it to resort hither. To secure and maintain the
afiectionof the colony towards the mother country; to promote
the welfare and prosperity of the island, and the happiness of its
inhabitants, will form a task of high interest and importance,
the progress of which cannot fail to be attended with heartfelt
gratification; but its perfect fulfilment can only be the work of
time.
Hoping that my retirement will have your Lordships sane-
S94 BESIGNATION OF THE OOYESUXKNT OF JAMAICA.
laai^ItelDetbeHberiyof «ddi]^dMiiId^^ be
relieyed about the middle of April, as the voyage acuMS tihe
Adawtio IB Ekdj to befiimnUa at llwtaeasoBiajidayatiival
in Ettgiaad wonld probaUy take place at a time of ilie year
better adted than the wiiitor noatkB to those vho oome
fiom a tfT*fTi^ ftinwite Should theie be any ohatacie to the
•nfralof my 8uaceaK>r at lihai peiiodi and your Lordifaip would
pemit me to make cnrer tlie gotenunei^ at aoch time as I
ndglit find moat cooveniaii to the lieotenant-GoTemor, you
may be aanned, from Sir William Gomm's oharacteT, dnfity,
judgment, and local knowledge^ that no delzimeat to the paUic
aeryioe oould arise from that arrangement. In piopodng with
80 much freedom these particulai detuls Sat my peESonsl oon-
Tenienoe, I idy on your Lordship's indulgence, and b^ leave,
at the same time, to assure yon that I diall cheerfiiUy confioim^
as in duty bound, to any otW that you may deem mose expe-
dient for the pubEc service.
Anticipating your Lordship's aasttit to the main purpose of
this oommunicaticm, I beg permisrion to request that yon will,
at such time as you may judge to be proper, lay at the foot of
the throne my humbk and dutifiil resignation of the office
with which hat Majesty was gradously pleased to honor me in
the administmtion of this govemmoit.
AK6WSBB TO JAMAICA A-nnangmMf 395
ANSWEBS TO lAMAICA ADDBEBSEB.
(Rwanui be bme in Bund thai these AiitveEB to AddroHsee jra but a
very fev aeleoted Iram a iaige number. A complete OQUeddon of the
difereni addresses presented to Sir GSharles Metcalfe in India^ Jamaica, and
Canada, mth their answers, would occupy as large a yolnme as the present
one; but it was considered expe£ent to gnre in tins place a few dooao-
teristic specimens of the replies.]
To the Magistrate^ Freeholdere^ and ether Inhabitants of the
Parish of St CaHeriae.
I wish, gentlemen, tliat it were in my power to expaesB how
deeply I feel the kindnesB which you have manifested, not on
the present occasion alone, but throughout the 'period of my
remdenoe among you, to an unbounded extent, and in every
possible way. Words, however, would convey a feeble notion
of the thaakfuhieas with whidi I shall ever dwell on the secol-
]eeti<m of the friendly conduct that I have ezperienced in every
part <^ this ialaiid.
I shall part irom you with great regiet The only cause for
my retirement is that craving £» home which seems to be im-
planted in the hearts of aU, and whi<^ aodiing but necessity,
or a strong seme of duty, can oveioome. Having persuaded
mysdf that I may return to England without any dereliction
of duty, I have yielded to the desire which I cannot eradicate,
and hope to pass the remainder of my ^ys in that country,
firom whi^ I have been separated by occupation in the public
service for more than forty years. K I could have regarded
any land but England as my home, I know not where I could
have been more happy, than in Jamaica, in the discharge of
duties rendered easy by general support and co-operation, in
cordial interoourse with warm and generous hearts, enjoying,
396 AH8WSB8 TO JAMAICA ADDBS88E&
in your beautiful mounUdns a deBglitful dimate not to be aor-
pasBed in healtlifiilneflB, mildnen, and equalnlity by any in the
world, and contemplating the interesting prpgieaa of a happy
population, who, in full posBesrion of liberty, independoioe, and
comfort, are efficiently protected in all the rights of freedom by
the impartial administration of equitable laws.
I appreciate, as the highest honor that a man can reoem,
the esteem of those who are competent to judge his conduct;
and although I am senrible that in my case your praise must
be ascribed to your kindness, I shall not the less cherish with
pride, as long as I live, the remembrance of your affectionate
addre».
Accept, gentlemen, my heartfelt wishes for your weliare and
happiness; and my anxious hope that Januuca may soon add
the return of wealth and prosperity to the other blessings which
she now enjoys.
To the Magistrates^ Vestrymen^ andpther Inhabitants of the
Parish of St, Ann.
The regret, gentlemen, which you express at my approaching
retirement from the government, and the assurances of esteem
and affection which accompany it, are exceedingly gratifying
to me, and confer a high honor, the recollection of which I
shall ever cherish with pride and thankfulness.
I came to this island led by the hope of being instrumental
in the reconciliation of one of her most valuable colonies with
the mother Country. That object was accomplished soon after
my arrival by the wisdom of the Legislature and the good
feeling of the community.
There nevertheless remained other causes of anxiety. There
were internal dissensions and party feelings, which engendered
strife and obstructed harmony. The relations also between the
landholders and the laboring classes were in an unsatis&ctory
state. Those difficulties have been removed, and it is not too
much to say, as all seem to believe, that in those respects afiirs
are much ameliorated.
ST. ANN'S. 397
The part that I have performed in this improyement has
been to endeavour to do equal justice to all parties, and to dis*
courage whatever had a tendency to impede the restoration of
fellow feeling and brotherly love; but the change is mainly
owing to the wisdom of the Legislature, and the good sense of
the island.
While, therefore, the praise bestowed on me in this hour of
parting, when all connexion between us, except that of our hearts,
is about to be severed, cannot be otherwise than most pleadng,
it produces the additional feeling of gratitude for that warm
and generous kindness which has taken the will for the deed,
and appreciates my humble services at a price &r beyond their
intrinsic merits.
I shall often be reminded, gentlemen, of your parish of St.
Ann, in moving about England; for it is the only part of this
island that has put me much in mind of the scenery of the
mother country. That the most beautiful part of an island,
which does not yield in beauty to any perhaps in the whole
world, should resemble English scenery, is a high honor, I con-
ceive, to the latter; and, on the other hand, there are few
things in which a resemblance to England would be a cause of
regret. But there are two. You may congratulate yourselves
on having your delightful climate free from the too frequent
chilliness and perpetual uncertainty of that of England. You
may also be proud of the great comfort enjoyed by your labor-
ing population, instead of the distress which falls so heavily on
the same class in the mother country.
God grant that these advantages may always conduce to your
health and happmess.
I have further to congratulate you on the successful intro-
duction into your parish of the culture of silk, from which
there is reason to hope an article will be produced that may
rival and surpass the silk of Italy, and be a new source of wealth
to this country.
Accept, gentlemen, my heartfelt thanks for all your good-
ness, and my wishes that every blessmg may attend you.
SM AK8WEB8 TO JJiMAICA ADDRESSES.
Toih$LthaiiiaattofdieParuhofSL Thaauu m Oe East
I am most senaiUe, geBdemen, of ihe geBetam Itimlim
which has didated jwa tftctxniftte addrea.
Whether I have, in any d^ree^ mailed yoor podsea, or
whether they are eolely to be ascribed to your fiiendljr pax-
tiaEty, I cannot be otherwise than highly giatifiel and de-
lighted by sneh a manifealatioo of wann feding. I muat enr
r^razdy aa the lutppiest event of my life^ thai I canie to Jamaca.
One mimite b^xe I accepted the totally nnezpected offer of
the goTemmesI of this iaknd and its dqMndeocieSy if &e idea
of my going to the West Indies had n^igested itsdf to any of
my fiiends, I should have laughed at it as eomethmg so otlExly
improbable aa to be next to an impoanhility. The oflEer leached
me when I was living in retirement, with no other plan befioxe
me but that of making my retirement moie complete* I had
no desiie for offidal employment of any kind. I had no pie-
tenaona to any chim on the Ministry. I had no cwi union
with any party in the State. I had no local infioencethat
could place me in Parliament^ the only sphere of public dntj
for which I had any indination. No individnal could hare
been found more totally unconnected witfi public men ud
public life than I was at that time-Hioiie more studiously re-
tired from general society and intercourse with the gay or busy
world. I had returned from India scarcely a year before, after
thirty-eight years' uninterrupted absence from home in the
service of my country, with the intuition and hope of paaeii^
the remainder of my days in Enghm^- Excqiting as to my
own family and friends, and near neighbouis in the conntiy^ I
was, in fiict, a recluse. It is due to her Majesty's Ministers of
that time, and especially to the Secretaiy of State for the
Colonies, one of your former Gk>vemors, the Marquis of Nor-
manby, who made the ofier to me, and whom I had nefier
seen, to remark, that whether their selection was good or bad,
their sole motive must have been the advancement of the public
service.
ST. THOMAS'S. SiMI
Wfaea I reeerved tlusofier, a momenl'B oonsdexataoa satufied
me tbat mj daJfy to my coantiy reqimed thai I should aceept
it. Had Jamaiea been in a pesfiectlj aatiaEuslozj and ha{^y
8ta^, I sboald havB dediBed the haoae^ hrnwing^ as I have aakl,
no widi for official employment; but under the oiicumfitaxiees
which then odfltedt thoe vnm apmeAing o£ importance to be
done, and I oonadered myaelfy by die o&r mad^ aa called on
to do it I did not» therefore^ he8itat& I undertodE the trust,
enooomged by the hope of soccea^ human nature being the
same in all parts of the world. I thought that you were wrong,
but I abo ihou^ it probable that you might be induced to
put youwelves right, and that tibe mother country and the
colony m^;fat be reconciled. I conceiTed that, coming among
you as a stmnger who had never been eiq;aged in any strife
regarding the colonies, I should derive some facilitiea from that
circumstance. After my arrival, I was at first rather appalled
by the violence of party spirit which seemed to prevail. But
the first proceedings of the House of Assembly assured me that
all would in time be weD. My task since has been an easy one.
The good sense of the colony has done aff. The plain and
obvious course that I have pursued has been animated by
general support and oo-operation. Had the advantages which
have been gained been acoompiiriied by any injustice or injury
to the population recently emancipated firom a state of shiveiy,
my feelings, in retiring firom the government^ and your own
too, I am sure, would haive been wid^ different from what
they are now, and the reverse of gratifying. But, whatever
may be Ae state of the rahmd with regard to the prosperi^ of
the higher classes — whatever may be the depression of the
present time, and the fears for the future, c<msidering the in-
terests of proprietOGS of land, and merchants, nnd traders, and
the general body of the medical fiiculty, all of which classes are
now suflering, no one can deny that the lower orders, especially
the great mass of the emancipated labOTers, enjoy a greater
d^ree of prosperity, independence, and comfort, in every
respect, than &1Ib to the lot of the laboring dass in any other
4D0 AKSWSB8 TO JAMAICA ABDBX8SB8.
oomitiy that we know oC So that I ahall depart, aasiiied that
iheir intezests aie eflbctoalljr piovided for. The chief appie-
henaoa and anxiety remaining are prodaoed by the uncertainty
which seema to attend the continuation of the profitable colti-
ration of your staple products, on which the interesta of oom-
mexoe, as well as agriculture, greatly depend. God giant that
aU feaxB on that ground may be speedily removed, and ihat
your favored pariah, which can justly boast of containing the
garden of Jamaica, may always continue to be one of the most
prosperous in the island.
Accept, gentiemen, my gratefol thanks for the honor that
you have conferred on me. It will be among the most pleaang
recollections that will cheer my future Hfe. In saying farewell,
it is the uppermost wish of my heart that every blessing may
attend you.
To the Members of the Jamaica Misrionary Presbytery m the
Parish of St. Mary, in conjunction with their respective Con-
yreyations.
I thank you, gentlemen, most cordially, for the goodness
which has induced you to come from the parish of St Mary
on this deputation^ to do me honor by the presentation of your
affectionate address.
Your praises, although I am conscious that they far exceed
my humble deserts, are sweet and soothing, as the ofispring of
ki^d hearts that are disposed to put a high appreciation on good
intentions.
For your prayers I shall ever be grateful. The prayers of
the pious are heard at the Throne of Mercy, and plead for the
sinner, in whose behalf they ascend.
I have observed with great satisfaction, during my residence
in Jamaica, the readiness of the mass of the people to embrace
the benefits of education, their eagerness for religious instruc-
tion, and their general attendance at the worship of the AI-
SCOTCH PBESBYTEBY's. 401
mighty. For these conspicuous virtues in their character,
which are blessings to themselves and the whole community,
we are indebted, in the greatest degree, to the ministers of re-
ligion, who have devoted themselves to the interest of their
flocks. While the imperial and local Legislatures concurred
in the righteous measure of releasing the people from bondage,
the ministers of the Gospel were strenuously employed in eman-
cipating their minds from the chains of ignorance, and their
souls firom the powers of darkness. Thence arose a connexion
between the pastors and their congregations, the most interest-
ing and delightful that can.be conceived. The former, imi-
tating the Divine Shepherd of the whole Christian flock,
brought the waadering sheep into His fold. Their followers,
sensible of the benefits conferred, looked up to their benefactors
with reverence and attachment These ties were cemented by
taking a powerful interest in all their affairs — ^by aid in the
hour of distress — by the balm of consolation poured on the bed
of sickness — ^by condolence and sympathy with the afflicted —
and by administering the means of grace and the hope of glory.
Thus many of the ministers of religion in this island have ac-
quired a hold on the hearts of their congregation not surpassed
in any part of the world. It is a power gained by devotion to^
their sacred duties. May it be always exercised for the general
good, and for the spread of that neighbourly love and Christiaa
charity which we have the highest authority for believing is,,
next to the love of God, the best of human virtues.
Such, reverend gentlemen, I am persuaded, is your conduct
towards your flocks — such the attachment of your congrega-
tions towards you — such the exercise of your influence over
them. May the Father of All bless and sanctify the holy union,
and grant you, here and hereafter, the fruits beyond price of
the faithful discharge of duty to God and man.
To the President f Vice-President^ and Member s of the St. George's
Agricultural and Immigration Society.
I thank you, gentlemen, cordially, for the kind sentiments
2 D
402 AN&WEB8 TO JAMAICA AODBE88E8.
wlueli yott entertam towaids ma I shall eyer lemember ^tL
pleMoxe my oonneadoii with your Bodetjf the foimaUon of
which w«0 cmlmlatiirf to render, and is, I trust, rendenog, and
will continno to render, great benefit.
I sympathiae in the feelings which you ei^reas, anang from
the want of certain and oontinaous labor. It is manitpBt that
in many parts of the island this dishfatrtening evil wei^
heavily on the agricultural propnetor, and the more so, because
the oidy perceptible remedy may be slow in coming, and cannot
be thoroughly realised with the requisite speed. European im-
migration hsB been tried, and, as a general or immediate relief,
has proved a &iluie. The mode has not been discovered with-
out sacrifices on the part of their employers, which few can
aflfbrd to encounter, of reconciling Europeans genendly to a re-
sidence in those parts of the island best suited to llie European
constitution. They become dissatisfied, and flock to tlie towns
in the low landi, where many die, I hope that the day may
come when they may be located in numerous villages in proper
positions in the interior, where, I am sure, they would add
much to their own comfort and happiness, and to the welfare
and prosperity of Jamaica; but it is difficult to anticipate whence
the means wfll be derived for a plan which will necessarily, in
the first instance, be ezpenave.
Endeavours have been made to procure laborers from Sierra
Leone, the Bahama Islands, and the continent of America, with
partial and hitherto inadequate success; but I trust that the
object will be persevered in, and ultimately accompUahed.
There is abundance of space in Jamaica for any number of new
laborers that can be obtained within the bounds of probability,
without the slightest injury to those who at present compose
the laboring dass in this island. A great increase is obviously
necessary to snpplj the places of those who withdraw, and to
procure a sufficient number, bound by their want? or their
habits, to labor continuously for their employers; without which
it is impossible that the latter can cultivate their estates on the
present system without frequent disappointments, and consequent
▲GBIOULTUBAL SOCIETY'S. 403
heavy losses. It is most true that, owing to this general want,
the Tesources of Jamaica cannot at present be developed. The
same want is happily not universal, for there are some localities
in which all the labor required is said to be sufficiently supplied,
and such would be everywhere the natural e£fect of an abundant
population.
As this is not likely to be produced by any contrivance, other-
wise than gradually, it behoves the possessors of land to consider
whether any means can be devised that may enable them to
dispense with any portion of the labor at present requisite, and
thus to render the existing supply practically more sufficient.
The general use of the plough, and the increased employment
of machineiyy oSkx some resources in this respect. Another
mode of proceeding, which has been suggested and elsewhere
put in practice vrith declared succesSj is to alter the coimexion
with the laborer, and convert him into a tenant, or at least
give him an interest in the produce, by making him the pro-
ducer and a ishaier in the profit. The manifest efiects of such
an aiiangemeat would be to reduce the great outlay of money
wages, which is now a continual burden on the landowner, to
cause the produce to be reared at the cost and trouble of the
tenant or cultivator^ to receive^ free of expense in advance, a
due portion, as belonging to tibe owner of the soil, and to entice
a greater degree of active and zealous labor on the part of the
cultivator, he sharing the advantage of it. Whether in other
respects, or on the whob, this plan would be beneficial to the
proprietor, and preferable to the present system of labor and
money wages, it is for him to consider and determine, as he
must be the best judge in what regards his own interests.
The only fear that I see reason to entertain in quittbg
Jamaica, is with regard to the difficulty of cultivating the land
with adequate profit; and I shall look anxiously to the result.
God grant that it may be such as will benefit all parties; for
the laborer, as well as the proprietor, is interested in the success-
ful cultivaiaon of the land, and the iptogpenij of its owners.
2 d2
401 8TATB OV PABTIB8.
€analra.
STATE OP PAETEBS.
TO THE BIQHT HONORABLE LORD STANLEY.
Apiil 25, 1843.
Mt Lord, — ^In my confidential despatch No. 1^* I alluded
to the State of Parties in this country as the subject on which
I should next address you.
The violence of party spirit forces itself on one^s notice im*
mediately on arrival in the colony, and threatens to be the
source of difficulties which are likely to impede the suoocssAil
administration of the Government for the welfare and happiness
of the coimtry.
The parlies into which the community is divided are the
French-Canadian party, the Reform party, and the Conservative
party. I use the names by which the parties designate them-
selves. The Reform party are by their opponents branded as
Republicans and Rebels, and the Conservatives by theirs as
Tories and Orangemen.
* The despatch here referred to heDsive view of the- same subject I
relates to the system of Goyenunent have given it in preference to the
as established in Canada; but as a earlier one, after the present paper,
later despatch, nnder date August 6, in due chronological order,
contains a more mature and oompre-
THB FBBNCH-CAKADIAKS. 405
The French party is the strongeet, from being thoroughly
united and acting together ahnost as one man. Unless any
question were to arise which would unite the discordant Engli^
parties in a common feeling, the French party, firom its com-
pactness, could influence the votes of the Assembly more than
any other. This party is much gratified by its recent accesdon
to power; by the appointment of two of its leading members
to the Executive Council and to responsible offices, together
with the appointment of others on the recommendation of their
leader; and by the natural consequences, in patronage and
otherwise^ of such an arrangement. This change has created a
strong feeling of gratitude throughout Lower Canada towards
Sir Charles Bagot. It is much to be regretted that no means
could be devised for introducing this party into power at an
earlier period. Their exclusion was injustice, and would have
been a perpetual cause of disaffection. Their admission, al-
though the manner of it, and some of the circumstances attend-
ing it, may be regretted, has apparently produced very beneficial
effects. Lower Canada is tranquil, and does not present any
apparent ground of apprehension; and as I consider it to be my
duty to regard French and English alike, to acknowledge no
difference between them, and to treat all as loyal subjects, en-
titled to equal protection and equal rights and privileges, I
ihink that I can answer for their having no cause for reason-
able dissatisfaction; although I cannot answer for the conse-
quences of unreasonable expectations, if such exist. The views
of this party are directed to the maintenance and extension of
their own power as a French-Canadian party, and to the in-
terests of their fellow-countrymen of French extraction. They
may act vrith other parties on the principle of reciprocity, sup-
port for support, but their own views are purely French-Ca-
nadian, including in their objects the preservation of their own
laws and language. They strongly resent every attempt that
has been made to anglify them.
The Reform party designates that portion of the English
community in Upper Canada which was opposed to the Go-
406 BTATB OP rABXIBS.
befovo the rebdUon* It isoladet m ili naks some
who aoftoallj went into rebeUkay some who tlood aloof on that
ocwMJon without taidng an j aotm part in liofaw? of the
QoveiniiMni, and aome who, although actiiig with the Refbnii
paitjr befinre the nbeUion, peifocmed their dvtj aalojal aabjecto
when that oooafton arose. The two latter daaBea are r^raaited
in the ExeontiM Oouncil by indiTidaals who respectively pm-
med the oooneB desonbed; anditia anaocaaationjfpdnit the
Oooneil that they haw appotatad to oflke men who weze
eotnally engaged in lebeUiceu The Befonn party, thercbie^
inohidet those iriio were formeriy dissstisfied with the Govern*
ment of Upper Oanada, those who at that time weva sepposed
to desire separation firam the mother ooimtry, those of the eom*
nuinity who hare the greatest inclination fi>r denMwatiG insd-
tationsi and oonseqnently, as would at present eppear, the
largest portion of the eleototal oonstitnencisi^ or tkait eks
whioh oonaidets Itself to be meet Jnteiestsd in presf whig insd-
tutions of that description, which the eTample and near neigh-
bonrhoodof the United American States have rendered fiBHBiIisr
to men's minds in this country. It is this fcoliiy, I oonottve,
which gives to the Beform party iheir migcrity in Ae Kepre*
sentative Assomblyi presuming that they have, aa they say, a
m%}onty over the Oonservatives independent of the Fiendi
party* Thisi however, is disputed by the Oonservalaves; and
as popukr feelings and eleolions axe liable to chsngSi I do not
mean at present to ^)eakpoeitively on that point. In attempting
to desoribe the compodtion of the Befocm party, I have no in*
tention to convey any doubt of their present kyallj. Ihey
seem tobeperfectly satisfied with the existing order of things.
The Oonservative party in Upper Canada embraces the
greater portion of what may be ndatively tenned the aristo*
cracy of the country— that is, the men of wealth and educatioiH
and by birth and connexion of the dass of gentry, tc^^ether
with a considenible number of the middle and lower oidezSi
It includes those who formerly were consideied as exercising
great influence in the Government under the reproachful title
THE OONSERVATnrEB. 407
of the Family Compact, and whoee exclusive appropriation of
power, place, and profit, h often alleged as an ezcofle for those
who went into rebellion, and sought to separate Canada from
the mother countiy. The ConservatiYe party inolndeB those
to whom tiie coantry is deeply indebted for putting down that
rebellion in Upper Canada. It includes the Orange Societies,
whose proceecBngs are mischievous; and the Constitutaanal Asso-
ciation, the efl^ of whose institution is not yet devdoped. In
Lower Canada the Conservative party consDSts of those who
would formerly have been termed the EngliA party, in oontiB-
distitidion to the French, and consequently includes those who
were loyal and true to the mother country when the Frrach-
Canadians were in rebellion, or disaffected. It therefore em-
braces in both Canadas those who were fisrmerly most con-
spicuous in thear devotion to oonneadon with the British Empire
and loyal subjection to the Crown.
The French and Reform parties having coalesced, have ob-
tained a decided majority in tiie Representative Assembly and
the Executive ConnciL The parties tiierefbre which contain all
ihose who were fonneriy disaffected have acquired the aaoen-
dancy, to the exclusion of those who proved tiiemselves to be
wen aflfected. The dissatis&ction felt by the fbnner on ac-
count of their exclusion is now transferred to the latter ob, the
same ground; and those who now bint at ihe probability of
separation are among the Conservatives; but I trust that their
professed loyalty is better founded than to be driven out of
them by the success of their opponents; and I am still per-
suaded that tiie firmest adherents to British connexion aie the
main body of the Conservative party.
Under these circumstances, and with much more eympatliy
in my own breast towards those who have been loyal than to-
wards those who have been disposed to throw off the dominion
of the mother country, I find myself condemned as it weie to
carry on the Oovemment to the utter exclusion of those on
whom the mother country might confidently rely in the hour
of need. This exclusion is contrary to my inclination, and
408 STATE OF PARTIES.
much, in my opinba, to be deprecated; but it was forced o&
my piedeoesBor bj the triumph of their opponents, and I do
not at present see a probability of its being remedied without
setting at defiance the operation of Responable Administration
which has been introduced into this colony to an extent un-
known, I believe, in any other.
The strife of parties is more conspicuous in Upper than in
Lower Canada, for in the latter the majority of the French
party is so decisive, that no popular commotion could be ex-
cited in favor of their opponents; but in Upper Canada, ihe
power of the Reform and Conservative parties being more
nearly balanced, there is more contest, and a disturbance is oc-
casionally threatened and sometimes committed. It is in such
cases that the Orange Societies are most mischievous. Formed
originally, I believe, more as political than religiona associa-
tions, their tendency, nevertheless, is to foment religious dif-
ferences. If a violent Conservative vrishes to overawe a public
meeting or to carry an election, he collects a party of Orange-
men, or Irish Protestants, armed with bludgeons. The Re-
formers, when they have notice of this, endeavour to bring a
large party of Roman Catholics armed in like manner; or the
Reformers may commence, and the Conservatives follow in this
course, the Orangemen being always on the side of the Conser-
vatives, although many Conservatives are not Orangemen.
Sometimes an a£fray ensues; sometimes prudence prevails, and
the weaker party quits the field without a contest In this way
Protestants and Romanists are pitted against each other for
political purposes, and religious hostility is excited or aggra-
vated. Recently at this place a cross having been erected to
indicate that a Roman Catholic place of won^p was about to
be built, the cross was cut down during the night, and a pla-
card substituted, intimating that no Roman Catholic place of
worship should be erected there. I need not, I trust, say that
my anxious endeavours will be directed to allay religious as well
as political animosities, and to promote peace and harmony.
DIFFICULTY OF NEUTBALITT. 409
It is customary, on the arrival of a Gk>vemor| to piesent ad«
dresses' of congratulation and compliment. It is so muck a
practice, that it would be a mistake to regard it as a personal
affidr. I have received several properly confined to these pur-
poses; but in other instances party spirit has introduced com-
ments on political questions, or reproaches against adversaries.
In some instances I have been called on to sustain Responsible
Oovemmenty and follow the footsteps of my predecessor; in
others, to uphold the prerogative of the Crown and the au-
thority of her Majesty's Government^ and to abolish the rule of
the Executive Council. On all such occasions my answers have
been such as prudence seemed to me to dictate; and I have
endeavoured to dissuade from party dissension, and to inculcate
good-wiD to all men; but most probably in vain.
The course which I intend to pursue with regard to all parties
is to treat all alike, and to make no distinctions, as far as de-
pends on my personal conduct, imless I discover, which I do
not at present, that principles and motives are concerned which
render a different course proper. I may here remark that the
necessity of bringing the French into the Council is universally
acknowledged, and that the Conservative party were disposed
to form a junction with them before the change which brought
them into the Council in alliance with the Reform party. The
hostility of the Conservative party is chiefly directed against
the Reform party in the Council; although there is also occa-
sionally an inveteracy that the Govetement has been surren-
dered to the French.
If I had a fair open field I should endeavour to conciliate
and bring together the good men of all parties, and to win the
confidence and co-operation of the legislative bodies by measures
calculated to promote the general welfare in accordance with
public feeling ; but fettered as I am by the necessity of acting
with a Council brought into place by a coalition of parties, and
at present in possession of a decided majority in the Represen-
tative Assembly, I must, in some degree, forego my own in-
410 8TATB OF PABTIB8.
iiiithaitiHpeet8,aldioag^IiBayflt31 slnve as a nie-
diitor to allaj the bkloniiai ctjnif wpaaL Even ibe hope of
ibai my be abort Ihred, ton waj measme diat can becoBBtnied
aa indicatiBg Ae adopdon of the aqtpoaed policj ef ifae party
in the Oonnoil wiU cxoite the anunontf of ihe eBodoU party
againgt me penonally, ao aa to deetroj audi naefiihiffai on my
part eran in that Ittde d^gvae.
It ia, hoipaw, an advanti^ of die piewmt ajfalem that op-
podtion to the Goonoil need not be xegaided aa oppodikm to
the GovemoTi aa feng as the Oooncil ii TOtnaUjr nominated by
the Representative AaBemUy; and diat oppoeidon to die local
AdmiaiBtrntioni even when die Governor la an object of atteck,
need not be ooneiderod aa oppoeidon to her Majeatj^ Ooven-
ment.
THS 8T8TBM OF QOYBBNXBNT. 411
THE SYSTEM QP GOVBENMENT.
TO THE BIQHT HOKOBABLE LOBD STANLEY.
A.iigii8t5,1843.
Mr LOBDy^-^R^arding Lord Sydenham as the fabricator of
the fiame of govenunent now ezistixig in this province, I have
load his despalohes to her Majesty's Secretary of State irith
attmion, in veaich of some explanation of the predae view
with which he gave to the local executive administration its pre-
sent form; or of any dear understanding which he authorised
the oolony to entertain on the mooted question of Responsible
Qovdiunent.
I £ad that in the eaxfy portion of his despatches, whenever
the notion of Responsible Govenmient is alluded to, in the
ssnse in which it is here understood, he scouts it. There are
someiematkaUe passsges in his letters £com Halifioc, or about
the time of his mission to Nova Scotia, which indicate deci-
smiy his view of that question. In speaking of a vote of
want of confidence passed in the Legislative Assembly of that
ptovinee, with r^ard to a meqaber or members of the Execu-
tive Council, he reprobates such a vote as unconstitutional.
He does not entertain the same opinion of a petition from the
House to her Majesty for the removal of the Governor. This
proceeding he regards as the coiuftitutional mode by which a
colony may express its disapprobation of the administration of
the government, and seek redress against the measures of the
Qovernor. Nothing could more dearly define his view of the
412 THE SYSTEM OF OOVEBNMBHT.
responnbilitj of a colonial Gk>Teniineiit, whidi eiideatly was,
that the Ooveraor is the responsible Gk>Temment ; that his
subordinate executive o£Boers are responnble to him, not to the
Legislative Assembly ; and that he is responsible to the
Ministers of the Crown, and liable to appeals fiom the oolcmj
against his proceedings; it being, at the same tune, incumbent
on him to consult local feelings, and not to pennst in employ-
ing individuals justly obnoxious to the community.
Regarding this as the view taken of the question by Lord
Sydenham, it is beyond measure surprising that he adopted
the very form of administration that was most assuredly
calculated to defeat that purpose, and to produce or confirm
the notion of Responsible Government which he had before
reprobated; that is, the responsibility of the executive officers
of the Oovemment to the popular Legislative Assembly. Li
composing his Council of the principal executive ofEcera under
his authority, in requiring that they should all be members of
the Legislature, and chiefly of the popular branch, and in
making their tenure of office dependent on their commanding
a majority in the body representing the people, he seems to me
to have ensured, with the certainty of cause and efiect^ that the
Council of the Governor should regard themselves as respon-
sible, not so much to the Governor as to the House of
Assembly. In adopting the very form and practice of the
Home Government, by which the principal Ministers of the
Crown form a Cabinet, acknowledged by die nation as the exe-
cutive administration, and themselves acknowledging respona-
bility to Parliament, he rendered it inevitable that the Coundl
here should obtain and ascribe to themselves, in at least some
degree, the character of a Cabinet of Ministers. If Lord
Sydenham did not intend this, he was more mistaken than
from his known ability one would suppose to be possible; and
if he did intend it, he, with his eyes open, carried into practice
that very theory of Responsible Colonial Government which he
had pronounced his opinion decidedly against.
I cannot presume to account for this apparent inconsistency
ADHIKISTBATION OF LOBD SYDENHAM. 413
otherwise than by supposing either that he had altered his
opinion when he formed his Council after the union of the two
provinces, or that he yielded against his own conviction to
some necessity which he felt himself unable to resist. His
despatches do not furnish any explanation as to which of these
influences he acted under; at least, I have not discovered in his
latter despatches any opinion on the subject on which he had
previously declared his decLdon against the theoiy, which be
practically carried into effect, by avowedly making the tenure
of office dependent on the support of a majority in the popular
branch of ihe Legislature.
It is imderstood that he was little accustomed to consult his
Council, and that he conducted his administration according to
his own judgment. His reputation for ability stands very high
in this country; but it is belieyed that he could not have
carried on his Government much longer without being forced to
yield to the pressure of the Legislative Assembly on his Execu-
tive Council. Before the commencement of the first session of the
Parliament of Canada, the only session of the united province
that he lived, or ever intended, to go through, he was threatened
with a vote of want of confidence against a part of his Council —
the very vote which he had pronounced to be unconstitu-
tionaL This was averted during that session by a division in
the Reform party, but the session, I am informed, was scrambled
through with d^culty, the majorities reckoned on in support
of the Government on some questions not exceeding one voice,
and there not being in every instance even that. The first
week of the session was occupied in extorting from the mem-
bers of the Council an avowal of their responsibility to the
majority^ according to the popular construction of Responsible
Government. The vote of want of confidence was averted in
that session only to be brought forward in the next, when, as
is known, the dread of it operated with decisive effect.
I dwell on Lord Sydenham's administration because it has
had most important influence, which is likely to be permanent,
on the subsequent government of this province. He esta-
414 THB 8TBTEM OF QOTBBNliXNT.
bliflhedv among the last acta of his adminiflfcrstioa, what ia iae
called Responsible Govemme&t, and left the pioUeiii of the
suooesB of that system in Colonial Government to be solved bj
fiitarity. It may have been that to carry the measoies which
he had immedii^y at heart he oonU not avoid what he
adopted.
The term Respomible Government, now in gmeral use in
this oolony, was derived, I am told, fipom the marginal notes of
Lord Doriiam's report Previously to the puhheation of that
document, the Democratic party in Upper Canada had been
struggling for a greater share than they possessed in die ad-
ministration of the government of the country; but they had
no precise name fi>r the object of thar desires, and oould not
exactly define their views. Lord Durham's report gave them
the definition, and the words Lrresponsible Government, Be-
sponnbility of the Gbyemment, Bespooability of the Offieen
of the Gbvemment, occurring repeatedly in the marginal notes,
it is said furnished the name. From that time, ^^ Besponsible
Government'* became the warHsry of the party. Lord Sydai«
ham, on his arriYal in Upper Canada, had to enooonter or
submit to this demand. One of his objects was to win the Be£brm
party, the name assumed by the party in question, and they
could only be won by the belief on their part that BesponsifaJb
Government was to be conceded. In fact, Lord Sydenham,
whether intending it or not, did concede it practically by the
arrangements which he adopted, although tite full extent of
the concession was not so glaringly manifested during his ad-
ministration as in that of his successor.
There appears to me to have been a great difPerenoe between
the sort of Responsible Gh>vemment intended by Lord Durham
and that carried into efiect by Lord Sydenham. On examining
Lord Durham's report in search of what may be supposed to
have been his plan, I find that he proposes that all officers of
the Government except the Governor and his secretary should
be responsible to the United Legislature; and that the Ghyvemor
should carry on his government by heads of departments, in
<< BBSPOK8IBII.ITY." 41fi
whom the United Legialature xepoee confidence. All thia might
be done without impainng the powers of iiHRfnlneBB of the GK>-
vemor. K the secietaiy who issued the Governor's ordeis wexe
not responsible to the Legislature, there would be a great dif>
ferenoe from the present arrangement under which the pro-
vincial administration gooerally is carried on throi^h secre-
taries-professedly so responsible. The general respondbilitj of
heads of departments, acting under the orders of the Governor,
each distinctly in his own department, might exist without the
destruction of the former authority of her Majesty's Govern-
ment In this scheme there is no mention of the combination
of these (dicers in a Council, to actbodilywith the character of
a Cabinet, so as manifestly to impair the powers of the respon-
sible head of the Government* Lord Durham's general coUp
ception does not seem to have been formed into a distinct plan,
and when he says that the responsibility to the Legislature of
<< all officers of the Government except the Governor and his
secretary should be secured by every meana known to the
British constitution,'^ he does not explain by what means this
should be done ; and ^t is by the means of doing it that the plan
must be most materially affected.
Lord Sydenham realised the conception in the way most
calculated to weaken the authority of the Governor, and render
the responsibility of the officers of the Government to the popular
branch of the Legislature complete, by transacting the business
of the province through the provincial secretaries, and making
them and all the heads of departments a Council responsible
to the Legislature, and holding their seats by the voice of the
majority. As far as Lord Sydenham's deqtatches show, this
was an optional and spontaneous arrangement on his part, al-
though clearly opposed in its natural consequenoes to the sentir
ments which he had previously expressed.
Lord Sydenham's policy in Upper Canada was to win the
party calling themselves Reformers, to crush the party called
the Family Compact, and to form a Council <^ the moderate
men of the Reform and Conservative parties. Li the two
416 THE SYSTEM OF GOTBBNHBKT.
former of these objects he sucoeeded. In the latter he most be
said to have fkiled, for, although the Council so formed struggled
through one short aeanon of the Legislature, it could not meet,
or was afraid to meet, the threatened storm in the next, and
was broken up, the Conservatiye portion retiring to make way
for the French party, and what was considered the extreme
Democratic, or Reform party.
Lord Sydenham's policy in Lower Canada had been to sub-
due the French party. In this he failed. They remained
compact and exceedingly embittered against Lord Sydmham.
They united themselves with the extreme Democratic party;
these were strangely joined by the extreme Conservative party;
and this combination overthrew Lord Sydenham's Council,
which had been previously recruited by Sir Charles Bagot,
with accessions from both the Conservative and the Beform
parties.
By these manoeuvres the French and Reform parties became
imited, the Conservatives were thrown into a minority, and
the ultra-Conservatives, who had aided in bringing about this
change, were dropped by their recent allies, in accordance with
the terms of their alliance, which was only for offensive war
against the Council.
The result of this struggle naturally increased the convicdon
that Responsible Grovemment was effectually established. New
councillors were forced on the Govemor-G^eral, to at least one
of whom he had a decided antipathy. The Coundl was no
longer selected by the Governor. It was thrust on him by the
Assembly of the people. Some of the new members of the
Council had entered it with extreme notions of the supremacy
of the Council over the Governor — that is, of the necessity of
his conforming to their advice on all matters, great or small;
and the illness of Sir Charles Bagot after this change threw
the current business of administration almost entirely into their
hands, which tended much to confirm these notions. Subse-
quent experience has, I hope, modified these impressions, and
produced a more correct estimate of the relative position of the
BTILS or PABTY QOTEBNlfENT. 417
Govemor and the Council; but it is obTious that the existence
of a Council, in reality appointed and maintained by a majority
in the popular branch of the Legislaturei must tend to impair
the power and influence of the Grovemor. Whether this, in
the end, will operate advantageously for the colony and the
mother country, time alone can positiyely show. I am disposed
to think that its immediate efiects are injurious, presuming, as
I do, that whatever good it may seem to e£fect might have been
produced in another way.
One evil of this kind of Responsible (Government is, that it
tends to produce the government of a party. The "Governor
may oppose himself to this, but will hardly be able to do so
eflfectnally. The Council will be apt to think more of securing
their own position than of cordially co-operating in the accom-
plishment of his wishes. Their recommendations in matters of
patronage, which in the relations existing between them and
the Grovernor are likely to be often attended to, even without
admitting their claim to a monopoly, will be almost always in
&vour of partisans. Their supporters look to them for the ex-
clusive bestowal of places and emoluments, and threaten openly
to withdraw their support from them if they do not favor their
views. To maintain the majority by which they hold office
will be with them a primary concern; such, at least, is the ten-
dency of the circumstances of their position, without supposing^
the total absence of higher and better motives.
Without a Council so circumstanced, a Gbvemor, acknow-^
lodging the propriety and necessity of conducting his govern-
ment according to the interests and wish^ of the people, and
of condliating and winning the Legislature — and this might
have been made a rule for the guidance of Governors never to
be departed from — ^might render his administration of the go*
vemment satisfactory to all parties, and obtain an influence
conducive to the preservation of affectionate relations between
the mother country and the colony, and to the welfare and
interests of both. Under the existing system, the Govemor, it
appears to me, is not likely to obtain influence. If he and his
2e
418 XHB ST8TUI or OOTSBnaSETT.
Coancil axe oordially uniled, he beoomeB, either in lealitj or to
appeaxance, a partiaan, without any reaaon for faia being so.
The ciedh of iJl the good that he may do will be aiawmrd by
them, iwaacnbed to then, by their party . All that maybe eos-
aideredevil by the other party he will have the diaciedit of allow-
ing* If he evinoee any diapodidon to oondliate the othar party,
he beoomea an olgect of diatmat to hia Council and their paitjr.
Their intereafes and hia, and with hia thoae of her liBJeaty's
Oovemment, are always distinct; for they have their intaests
as a party to guard, which must be distinct fiom thoae of her
Majeety'a Goremment, as well aa Icom any which the GoTenor
may personally feel wUh respect to the credit of his ndminis-
tration.
I will endearour to describe my own postioo. I am not
perfoctly satisfied with my Coumal, chiefly beeanse they arc
under the influence of party Tiews, and woold, if they oould,
drag me on with them in the same course. The only eflfectoal
remedy would be to dismiss them, or such of thorn as are most
in the eitreme on this p<nnt, and fonn another GounoL But
the consequence to be eaq>ected would be, that a cry would
be raised accusing me of hostility to Re^onsifcle Goremment.
The new Council would not be able to stand against a ma^cixty
in the popular branch of the Legiskture, and I should either
be obliged to take back those whom I had dismisBed, widi a
sort of disgrace to myself injurious to the efficiency of my go-
vernment, or be in a continual warfare with a majaixty in the
House of Assembly that would render my preaenoe here of no
benefit to her Majesty's service* Such a contest I would neither
shrink from nor yield to, if it became my duty to enoountor it;
but it is so desirable to avoid it, that it would require strong
grounds to justify its being wilfully incurred.
My objects are to govern the country for its own weUaie,
and to engage its attachment to the parent State. For these
purposes it is my wish to conciliate all parties; and although
this might be difficult, I do not perceive that it would be im-
practicable, if the Grovemor were firee to act thoroughly in that
XTXLB OF PAXTT GOTSSMMZMT. 419
spirit; but the acoompliahment of dbat iriali aeems almost im-
poBsible when tho Governor is trammelled with a Council
deeming it neoeseary for their existence that their own party
alone shoald be considered* Sooner than abandon myself as a
partisan to such a course, I would dismiss the Council and take
the consequences ; but it is scarcely possible to avoid the in-
flu^ioe of party Bpint in an administration in which every ad-
viser and every executive officer is guided by it; and the
chief difficulty of my position, I conceive, is to act according
to my own sense of what is rights and in opposition to this
party spirit, without thereby breaking with the Council and
the majority that at present support them. The form of ad-
ministration adopted by Lord Sydenham appears to me to
have put heavy shackles on any Governor who means to act
with prudence, and would not recklessly incur the ccmsequences
of a rupture with the majority in the popular Assembly. The
meeting of the Legislature will probably enable me to see my
position mtxe deariy. It is at present far from certain that a
change of councillors would produce any beneficial alteration
in respect to the difficulty noticed, for any Council appointed
on the princuple of Canada Responsible Government would
most probably have similar party views, and the same pressure
on them from their partisans.
It becomes a question whether Party Government can be
avoided. The experiment of Responsible Government in this
colony hitherto would indicate that it cannot. It seems to
be inevitable in free and independent States where Responsible
Government exists; and the same causes are likely to produce
similar efficts cvexywhere; but there is a wide difference
between an independent State and a colony. In an indepen-
dent State all parties must generally desire the welfare of the
State. In a colony subordinate to an Imperial Government, it
may happen that the i»redominant party is hosdle in its feel-
ings to the mother countiy, or has ulterior views inconsistent
with her iuteiestSL In such a case, to be obliged to co-operate
with that party, and to permit party government to crush
2e2
420 THE 8TSTKK OW QOTZBMMXn.
those who are best affected, would be a Btresge podtion for ihe
mother country to be placed in, and a strange part for her to
act This ought- to have been well consideied before the
particular system which has obtuned the name of Reepon&ble
Government was established. It is now, periiaps^ too late to
remedy ihe evil. I have supposed an extreme and posnble
case without intending to apply the description to the state of
parties in this colony. I trust that it is in a great degree in-
applicable. It is nevertheless so &r applicable, that the party
always known as the British Party in ihis province is now in
the minority. It will be my study to make all parties con-
tented and happy; but that part of my task, I fear, is hopeteas.
It will also be my study to promote loyalty to oar giacions
Sovereign, and attachment to the British Empiie. Hiese feel-
ings will be most successfully confirmed by an adnmustration
of the government satisfactory to ihe people, and by a con-
viction on iheir minds that their interests are promoted by
British connexion. The acts of her Majesty's Government
in guaranteeing the loan for public works, and in faciUtating
the importation of Canada wheat and flour into ihe United
Kingdom, ought to have in this respect a very beneficial ten-
dency, as evincing a fostering care for the colony which can
hardly fail to be highly appreciated.
I have to apologise for some repetition in ihis despatch of
sentiments nearly the same as ihose expressed on former occa-
sions on which I have noticed the same subject It is one
which has unavoidably occupied much of my attention, and
is brought before me continually by daily occurrences. I
feel that the littie power of usefulness ihat I might have had
under diflferent circumstances is obstructed by ihe plan of ad-
ministration introduced into this colony ; but ihat any attempt
to remove ihe impediment would most probably be still more
injurious. I have therefore dilated on the peculiarity of my
position more frequently than may seem necessary; and I trust
that I shall not again trouble your Lordship on ihis topic.
BUPTITBE WITH THE COUNCIL. 421
[The antidpationB shadowed forth in the preceding despatch were soon
fulfilled. Sir Charles Metcalfe said truly that " the chief difficoltj of his
position was to act according to his sense of what was right without
breaking with his CounciL" In a preceding despatch he had spoken of the
requirements of his Council, and the impossibility of submitting to them
consistently with the duty that he owed to the Imperial GoTemment. " I
am required/' he said, " to give myself up entirely to the Council; to sub-
mit absolutely to their dictation; to have no judgment of my own( to
bestow the patronage of the GoYemment exdusively on their partisans ;
to proscribe their opponents; and to make some public and unequiyocal
dedaiation of my adhesion to these conditions, including the complete
nullification of her Majesty's Goyemment." But he was not disposed to
purchase peace on such terms as these. As the autumn advanced, the
prospect of a rupture with the Executive Council seemed more and more
imminent: "At the end of November the crisis came. The question
which precipitated it at hist was a question of patronage. Metcalfe had
appointed to his personalStaff a French-Canadian officer who was distasteful
to Mr. Lafontaine. The appointment was intended to conciliate the French-
Canadian community, but it offended their chief. The leaders of both
parties in the Council then waited on the Governor-General, intent on ad-
vancing the pretensions of the Executive. They demanded that the Go-
vernor-General should make no appointment without the sanction of his
Ministers. During two long sittings, on the 24th and 25th of November,
Baldwin and Lafontaine pressed their demands with energy and resolution ;
but Metcalfe, in his own phicid way, was equally energetic and resolute.
On the 26th of November, all the members of the Council,
with the exception of Mr. Daly, finding that they could not shake the firm-
ness of the Governor-General, resigned their offices, and prepared to justify
their conduct to Parliament and the colony at large." Hie following letter
contains Sir Charles Metcalfe's exphmation of the circumstances in which
this important event had originated, and the results which were likely to
attend it.]
4S2 BESIGKATIOH OF THE KZBCimTB OOUKCIL.
BESIONATION OP THE EXECUTIVE COmCSL.
TO THE BIGHT HOKOEABLE LOED 8TA17I.ET.
Dee. 80, IMS.
Mr LoBDy — ^The xedgnatioii of the late C!oiiiic3 waa bo sot-
priong, oonaideiiiig the power which they denved ficoia the
sapport of a kige nugoiity in die Aanmbly, thai wnons oon-
jeotareB have been fonned as to the came of that proeeeding.
It is said that thej were beginning to totter in Paifiament.
Some clauses in the jadicatuie bills for Lower Canada, brought
in by Mr. Lafontaine, had been thrown out» owing to Mr.Yigei's
opposition on principle to the anangement therein proposed of
j udges sit^g as a part of a Court of Appeal on the hearing of q>-
peals from their own judgments. Mr. Baldwin's King's College
TTniversity Bill was threatened with certain fidlnte, and would
probably hare been lost on the day after their res^inationy if
the latter had not fuznished a pretext for withdiawing it with-
out asBJgning the prospect of defeat as the cause. Their as-
sessment bill likewise gave general disaatis&ction in Upper
Canada, and they had been compelled to modify it considerably.
These and some other occasional Sjrmptoms of defection, al-
though not affecting their general majority in the House, were
regarded as omens of approaching weakness, and it is supposed
that, in order to recover waning popularity and power, they
sought a rupture with the Governor, determined to make use
of it for the purpose of raising a popular cry in their own favor,
through which they might either return to power with increased
force, and the complete prostration of the Grovemment to their
HOTEVES AKD OAIX8B8. 423
will, OX thiow the Governor lato a state of eollkion nidi ibe
AnemUj, and head a {K^wlar and o^enrhdining oppontion
agunit hka end any Gonacil that he mghk ferm. This ex-
pkafllion has obtained Bome emiency ; but I cannot saj Aat
I give fall exedeau)e to it as aaffidently aoooimtnig tag their
oondiKti althoiigh the circumatanoea stated may have had a
share of inflnenoe*
A mote ob^ona motiTe may be found in other dxcmBBtaneea.
There were aerend bills befiKe the ParKament which, if passed
into laws, would have ereated seYenl new appointments widi
conaideKable aahoies. Someof theae^itwaanmiouredytheyhad
{Nromised away in the pnrcfaaae of support^ eq)ecially of Totes
on theSeatof GoTenuneotqiiestion. To secure the fstiibution
of this patronage £ar their own party purposea was^ I concerr^
the immediate object of their demand, or one £Dir the sairender
oi the patronage into their hands. If the demand had sno-
oeeded, they woold haye accomplished that purpose, would
have prostrated the Government at their feet, and would have
gone someway to perpetuate their retention of power. If tliey
failed in that demand, they could adopt the oooras which in
the conjecture adverted to in the precedii^ paragraph they aie
supposed to have sought premeditatedly the means of following.
When the rupture had occurred, they took care that the pa-
tronage in the distributioa of which diey had reckoned should
not be created. The bills were eitherqnashed, or the patronage
clauses ezduded.
As soon aa they had made up their mind to resign, they
manifestly determined to raise the cry of Besponstble Ghrrem-
ment in their fiivcMr, and to pretend that this fiivocite syston
was in danger at ihe handa of a Governor who was trying to
restore the old days of die Family Compact, and so forth. They
suppressed entirely the facts on which their resignation took
place, and when that suppression was exposed, they pretended
that all that they required was that their advice should be taken
respecting all appointments, not that it should be followed,— a
representation of their views too absurd to merit lengthened
4S4 BX8IONATIOH OF THE EXBCUTITE COUKCQ..
nfiiUtion; for tbere if not a word that can be odd agabii
makixig appointments without asking their adyice, that might
not with less dispute be urged against making them eontnrj
thereto. They suppressed all mention of the demand that they
had made, to the purport that no app<»ntment should be made
injttri9us to their party influence. It is perfectly desc that
their object was to extort a surrender of the patronage into
their hands; and one word from me agredng to the most
limited of their demands, would hare shackled the Ooremor,
and dragged him at their chariot-wheels for erer.
Their conduct is nevertheless surprising. They might safety
have reckoned, from my past practice^ on a large share of pa-
tronage. Theb pretence to the Parliament and the public was,
that they only wanted to know of appointments before they were
made. Hie fiicts of the case on that point are, that I scarcely
ever heard of a vacancy except by a nomination £rom them for
the succesdon; that I rarely made an appointment otherwise
than on their recommendation; and that I do not recollect a
angle instance in which I made an appointment without being
previously made acquainted with their sentiments rq^arding it
I certainly did not consider myself absolutely bound to consult
them regarding every appointment, nor to surrender my judg-
ment to their party views — and when a demand was made that
I should so fetter her Majesty's Oovemment, I decidedly re-
fused— but practically they had more than they pretended to
desire; and not only had the means of expressing their opinion
on any appointment about to be made, but had actually most
appointments given away on their recommendation. Woe I
now endeavouring to account to your Lordship for any exercise
of patronage, I should be much more fearfal of bebig found
guilty of too much consideration for the Council, than of too
rigid a maintenance of the prerogative of the Crown.
When they set up the cry of Responsible Government, their
success was at first wonderful, especially in the Ass^nbly.
Nearly all of the party called Reformers, moderate as well as
extreme, probably from fear of their constituencies, thought it
BAQB FOB BE8PONSIBLE GOVEBMUBKT. 425
neoeeaary to jom them. Misiepresentationfl had also some effect
in the country, which, however, seems to be diminishing in
both Lower and Upper Canada. Neverthelessi the discussions
ihat have arisen in consequence of the resignation of the Coun-
cil have shown that the opinion of the party, which may be
called the Responsible Govemment party, goes' the full lengdi of
the pretensions of the Coimcil^ and that it is really understood
that Responsible Goyemment means the entire submission of
the Gbvemor to the advice of the Council, and consequently the
entire supremacy of the Council, excepting only when by an
appeal to the Parliament or the people the Gk>yemor can obtain
a majority for a new Council in any difference with the one
from which he may part. Responsible Government carried to
this extreme appears to me to be impracticable in a colony
with any preservation of the authority of the mother country,
for time after time fresh encroachments on that authority will
be made by the spirit of democracy. This has already advanced
so fiir, that it is now impracticable to carry on the govemment
with any chance of support from the parties at present com-
posing the majority in the House of Assembly without acknow-
ledging Responsible Gk>vemment as the rule, although so unde-
fined a theory may still admit of different constructions. Be-
tween these two impracticabilities the prospect as to the future
govemment of this colony is very uncertain. The time cannot
be £ur distant when it will be necessary eitiier to submit to the
extreme view taken of that principle in this colony, which
would complete the subversion of all govemment on the part
of her Majesty, and the substitution of that of the dominant
party, or to resbt the popular frenzy with the risk of separation.
I do not mean to say that the rage for Responsible (Govern-
ment is universal. The addresses which I have received and
submitted to your Lordship show that there is a considerable
party willing to support the Govemment against republican en-
croachments; and if Upper Canada were alone, I could at this
moment, by an appeal to the people, obtain a majority in the
Assembly composed of the British or Loyal party. It may
486 BWKBAnaK OW THB SXXCDTiyX OOCTQIL.
daj beocMe muuuumiy to km entinly on that party, and
than die qnartioii will be tried vfaedier tlie goyenunet can be
ottiied oo with tbeir aid akne. If xednoed to Aaft neoeaal^,
I dboald not deapait. It preaenti abnoat the entf chaaee of
the eolonj'a xemammg a BiitBh oolonyin moie than same;
and the mcaaiiieB of the (SoTCinment might be aa Ebenl with
that party aa yMt any odier, ao aa to piedade any leaeonaMe
canae of oonaphdnt But naaon baa litde inflnenoe in party
strife; andthorewooldbenriricinTeatiiigaoleljonAatperty,
wliioh I would not enooonter widKmta neoaasHj.
I have, therafeie, rinoe it became neoeamiy to fbnn a new
Oonnoil, tried to ootnpoae it of die VreaA paTty, the British
psr^, and the Befann party. The btter party^ in the fiiat
inatanoe, evincad fdactanoe to ooaleaoe widi the Britnh party,
and aoDght to obtain an aasuiaiinj firom the domimmt leaden
of the majority that they wonld mxpportf or at least not oppoae,
a Oooncil fenened ezdarireiy fiom the Reform and Fiendi
partiesL Thia, however, did not suit the viewt of these domi-
nant kadeia, and I was spared the embanassment of detemining
whether to take such a CSooncilY for the sake of an immediate
majority, to the ezdarion of the British partyv who had eome
forward ardently and generously to sapp<»t her Majesty's Go-
vernment in the time of need, or whedier to adhere to the
Loyahsti^ widi the aaerifioe of a majority in die Asssmbly. I
stin entertmn hope of being able to form a Goancil composed
of die duee parties before mentioned, who are already xn aome
d^iee represented in the Provirional Gonncil at piusent nomi-
nated,— Mr. Viger representing die French party, and both
Mr. Daly and Mr. I^aper representing in some degree aa to
each both die British and moderate Beform parties. Mr. Viger
requires time. No influential person of the Frendi party haa
hitherto joined him; but he expects a diange in die opinions
of th«t party, and ia not without h<^>es of eventual support.
In the mean time he ia very valuable to me as a link connecting
the Govenmient with die French-Canadian intereetB, and as
showing my own disposition towards that race. His oonAict
▲BRANGSHKSra rOB A KSIf COUBOII*. 427
has been •dmiwbfe. He has evinced eoesgjf fimmeaB, didn-
tCAmleJiieM, asad patriotiBiii; and Ins princaplen^ as mil aa theae
of Ifr. Daly and Mr. Draper, are entirely aatiafiutory. Tlie
other armngemeBta tost the complelkm of the Comicil and the
nomiiaitton to vaeaitt officea are auapeaoded until Mr. V iger'a
plana for the junctk>tt of geayemen of Lower Canada bring ai^
from that quarter, and mtil ike Upper Canada Belbrm party
cooelade Aeir anangementa for a junctioii uriiibh is pending.
Theae ddaya and oautiona, whidi in a difionent atate of affiuza
would be unneoeaniy, are preacribed by the uzgenfc expedieney
of aecnring, if poonble, a majorby in Parliament, which can
only be eflboted by aaliafying the three partiea before deaignated,
or aofficrent portiona of them.
After the completion of the lequiaite arangemaitfl^ I shall
meet the preaent Parliament^ whenever that may be reqoistte,
either with or without a majority in support of the Goyem-
ment. If then be a majority, I trust that our meaauzea will
be audi aa may ooafiim it. Should the Gk>yexnment be in a
minority, and proceedings be ftctiously obstructed by the ma-
jority, I must then diasolve the Parliament. After the election,
if a majority ahonid be retnnied in &yor of the Gtoyemment, I
may ezpeet that public buaineaB will proceed. In the contrary
case, if factiooa measurea be adopted to emhanaiw the Goyem-
ment and force back on me the objectionable gentlemen who
have reaigned, all that I can at pieaent foresee i% thai I will not
yield to foetioua opporition, nor submit to have m^i forced
back on me in whom I cannot jdace oonfidence. I shall then,
in ibe case supposed, be in a state of collision with the House
of Assembly, without the hope of advantage £rom a further
dhsolution. The fooling of the majority will by that time have
become acrimonious against me penonally, and either I must
be recalled for the sake of peace in the colony, or Respcmsible
Government will be practically exploded.
I have hitherto written on this subject under a conviction
that I was right in resisting the demands <^ the late Council,
and that I could not have prevented their resignation without
428 BBnOHATION OF THB XXSCUTITX OOmiCII..
a dqprading sabmiBnon that woidd have Yiitiialiy nneBdered
the oomminioii that I hold from her Majesty into their hands.
Whatever may happen, I shall not regret the retisement of
gentlemen who, from anti-Brituh feelings, are unfit to be the
adviserB of the Goremor of a Britidi colony; and if a majodtj
in Padiament be determined to force ihem back on me in that
capacity, I shall despair of the probability of Canada's l<mg re-
maining a British colony. Tonr Lordship may posnbly take a
different view of the case, and be of opinion that the pteaent
crisis has been produced by some mismanagement or deCed of
judgment on my port In that esse, a diflkrent remedy may
suggest itself from any that I propose; and whenever the time
may come when your Lordship may conader, whether now or
at any later period, that my remoTtd will be beneficial to the
public interests, I earnestly entreat that no penonsl delicacy or
indulgence towards me may have a moment's influence in re-
tarding such a measure. I do not mean by this request to
imply the slightest desire to retreat from the contest that may
await me, as long as my presence can be of any service. While
I retain your Lordship's confidence, I shall have greater satis-
faction in endeavouring to maintain this as a British colony, than
I ever could have had in co-operation with gentlemen whose
constant objects seemed to be to reduce the authority of her
Majesty's Gt>vemment to a nullity, and to' rule with unbridled
power according to the most illiberal dictates of the most anti-
British party spirit; according to which, every man wbo had
beeii a rebel was deemed deserving of reward, and every one
who had loyally and bravely defended his Queen and country
was to be proscribed or neglected.
From the time of their resignation, forgetful of the mayimg
of Responsible Government by which they profess to be guided,
and which ought to have taught them respect for the represen-
tative of their Sovereign, they have practised, by themselves
and their partisans, and the portion of the Press under their
influence, every endeavour to raise a cry against me as an
alleged opponent of Responsible Grovemment ; and having no
FALSE 8TATEHBNT8. 429
fieusts on which such an accnBation could be founded, have
inFentedy without Bhame, gioundless ^Isehoods, to give a color
to the aasertion. One absurd one is, that I had removed from
the printed copy of my reply to their explanation of their
rerigimtion, sent down to the legislatiye bodies, the paragraph
containing my declaration of adhedon to Responsible Goyem-
ment; as if, independently of the unworthiness of such a pro-
ceeding, I could designedly remove the paragraph the best
calculated to refute the iujurious part of their explanation;
and as if, after placing one copy of my answer in their hands,
and having had another copy read in the Assembly, both
including that paragraph, I could have subsequently taken it
out with any hope of any benefit that might be supposed
possible fix>m suppressing it. Another false statement, almost
traceable to one of themselves, is that their dismissal had been
long premeditated, that it took place under your Lordship's
orders, and was settled before I embarked from England.
Any statement of this kind that can ezdte a ferment in their
favor and against me is resorted to without scruple, and no
doubt produces eflfect.
As to Responsible Government, I venture to say that never
has this &vorite system been so carried into practice by any
former Governor as by me, excepting during the period of my
predecessor's incapacity from sickness, when the powers of the
Government were entirely assumed by the Council. One of
my first duties was to resume the authority of the Governor
with respect to the ordinary transaction of buriness, conducting
the administration of the government through the secretaries,
without reference to the Council, except in cases in which the
law required that I should have their consent, or in which I
was desirous to avail myself of their advice. It is remarkably
characteristic of their exclusive views, which were almost lite-
rally confined to the possession of patronage for party purposes^
that in all their attacks on me since their resignation in support
of their accusation of opposition to Responsible Gt>vemment, not
one word has been said of the numerous daily, and often im-
430 BE8IOKATION OP THE BXlfiODTIVB COUNCIL.
portant, oiden iflsaed by me irilhout nfevenoe to tliem; wkUe
on the sabjed of petronige, tbe sole objed of theb eajadilyt I
eaimoty as befora lemarked, xemembcor a Binf^ iiMtenee in
which I made any appointment without being previonaly
awaie of their aentimentB regaiding it, or without reoeKring
their leoommendadon of a 8iicceaK>r, which moat frequently
announced the Tacin<7 to be supplied. lapeakof theordimxy
practioe, (or I never retinquiahed the ri|^ of ezeidsing the
pterogatiTe of the Grown at my diacvetian ; and dus is ihe
point on whidi I have been in coUisioa with the majority of the
AsMmbly supporting die lato Ezeoutiye CounciL
The object of the party since their resignation seems to
haTe been to fbroe thMnselves back on me by the weight of
their majority; or, &iling in that, to ftnhamtfw me as much as
possible, by obstructing the program of baiefioal meamnes,
and by opporing any Council that mi§^t be formed. The first
object I regard as quite unattainable. It is impossible that I
can receive them back. The second they may eftct; but such
an opposition will be wholly factious, and must have a tendency
to destroy their favorite object of the supremacy of the Council,
88 1 conclude that her Majesty's Gbvemment will deem it unwise
to submit to such dictation from the ^ Civinm ardor pmva
jubendum," which, if successful, can onfy end in the annihiia*
tion of the power of thei Crown, and in eventual sepaiation or
civil war; aldiough it is likewise possible that resistsnce may
lead to the same result
I have hitherto omitted to notice that the xesignation of the
members of the Council was on the part of most of them relnc*
tant. It was brought about by Messrs. Baldwin and Lafon-
iaine, and chiefly by the former, who, perhiqM, not liking his
position as second to Mr. Lafontaine, and having lost p(^-
larity in Upper Canada, may have desired to place himself at
the head of the whole Responsible Government party by raising
the cry that their favorite scheme was in jeopardy. Seven
others followed the two leaders in their resignation, although it
was evident that sevezfJ of them did not relish the proceeding.
OYSBTUKBS 70B BEOONOILIATIOir. 431
They went, however, either from conceiYiiig adherence to their
leaders to be their proper course, or from expecting to return
along with them to power. I let them go without any effi>rt
to detain them, for there was only one among them, Mr. Morin,
whom I could have any desire to retain, or whose continuance
would have been of any service to the Government. It seemed
to be generally expected, for some time after tbe rengnation,
that I should be forced to call them back; and this impression
may have influenced some of the votes given in the Assembly
in their favor. Several members of the House came to me in
suooessive deputations as mediators, professing to desire re-
conciliation; but I received no overtores directly from the
rengnefs; and any attempt at reconciliation on my part would
have been an acknowledgment of defeat^ and would have been
attended with the prostration of the Government before a domi-
neering facdon.
Her Majesty's decision in favor of Montreal on the Seat of
Government question, received by this padcet, may irritate the
parties hitherto since the rupture moat dii^KMKd to support me
in Upper Canada, and make them lukewarm or even adverse;
but if that consequence ahould take place it cannot be helped.
The decisii^ if I may presume to say so^ is right; and after
the reference to the L^jislatuie, could not have been otherwise.
Recent events have not altered the opinion which I before ex-
pressed on that subject; that is, that the fittest place in the
united province ought to be chosen, without regard to sectional
claims or feelings, which could only embarrass the decision.
The effSsct, however, in Upper Canada is doubtful, and there
are predictions of agitation for a repeal of the union; for which
retrogression neither division of the province is much indisposed.
It is not necessary at present to trouble your Lordship with my
notions on that question.
432 EFVBCT or IBIS& AGITATIOar ON GAHABA.
IRECT OF IBISH AGITATION ON THE T&ANQUILLITI OS
CANADA.
TO THE BIGHT HONOBiLBLE LOBD STANLEY.
July 8, 1843.*
Mr LOBD, — I find among leading men of all parties in
local politios in this piovinoe a oonndeiaUe alarm pieTmiltng
lest the hostile attempt in progress in Ireland to dumonber the
Biitiah Empire, under the pretence of seeking a lepesl of the
Iq^islatiTe union of that country with Great Britain, should
a£bct the security of CSanada.
It is supposed that if any coDiaon were to occur in Ireland
between the GoTenunent and the disafiected, it would be fol-
lowed by the pouring in of myriads of Boman Oatholic Irish
into Canada from the United States, assisted by the inimicsl
portion of the Ammcan population^ and that tiiey would be
joined by the great body of Roman Catholic emigiants now
settled in this province. So strongly has this ahrm preyailed,
that a gentleman of information and ability, and a member of
the House of Assembly, recentiy brought to my private secre-
tary a letter received firom New York, written by an individual
on whose veracity the gentleman relied, stating that Frendi
officers were actively engaged at that place in drilling Uie Irish
with whom it abounds, witii a view to the invasion of Canada
immediately on the occurrence of any outbreak in Ireland. I
cannot say that I gave credit to this intelligence; and I trust
that the tdarm so generally entertained is an exaggerated one;
* The expediency of placmg one ]pKper out of its proper duronological
after another the three preceding de- sequence ; but it snmcientij tdls its
spatohes has thrown the present own stoiy in this place.
BEPBAL AGITATION. 433
but as it exiistSy it is right that your Lordship should be apprised
of it. It arises solely from apprehensions of an outbreak in
Ireland, and when these shall be dissipated, as I devoutly
hope they will be, by the success of the endeavours of her Ma-
jesty's Government to maintain tranquillity unimpaired in that
country, the alarm will cease and be forgotten here.
From their being in some degree connected with this subject,
I enclose two placards which lately appeared in Kingston, the
one summoning an Irish repeal meeting, and the other calling
a counter-meeting at the same spot, for the avowed purpose of
obstructing the former, as the placard says, "peaceably if
we can, forcibly if we must." It was evident that if the
parties came together there would be collision, and anxiety
was naturally caused by the prospect Two of the principal
magistrates called on me, and very, properly represented the
danger. They seemed to expect that I should authorise mea-
sures to prevent the repeal meeting; but although I deprecated
such a meeting as much as any one, and cordially detest its
object, it appeared to me that it could not be deemed illegal if it
were peaceably conducted, and that those would be to blame who
might attempt forcibly to obstruct it. I therefore recommended
the magistrates first to try whether they could not dissuade the^
leadersof the repeal movement from holding their projected meet-
ing, and if that effort failed^ then to exert their influence with
the other party to prevent any obstruction to the meeting, and,
at all events, to take measures to keep the peace. The matter
ended in those who had called the repeal meeting being dis-
suaded from persevering in their purpose. Although disturb-
ance was thereby prevented in this instance, it is evident that the
Irish emigrants have brought their combustible character along
with them to this province, and that collision is not unlikely to
occur, as opportunities arise, between those of the Church of Eng^
land and tiiose of the Church of Rome. Orange Lodges have
long existed in Upper Canada, but originally they were more
amnect« with political than with religious differences. Lat-
terly, however, Hibernian societies have been formed, in which
2r
434 EFFECT OF IBIBH AfliTATIOH ON CANADA.
the Bomaa Ixuh congv^gmfte, and the ■fiiinl Bociflliei oanythe
oolon «nd icngnia which belong to the oonpe^NndiBg partaos im
Iielftnd. The 12fth of July is Mfiptomiang, on whkh dsf Ae
Ozange Lodges are i^t to make demoafltmtiaBa wineh the Iriah
Bomaa CetholioB deem affeneiye. I haw had pfffTnul eooK
munication with both the QtandMarterof theOraageawaand
the Bomaa Getholk) VioaisApoetolio— lihe Boman OBtholic
Bkhopbeiag oGnfiaed to hit house by dolmoBB — oa thieanb^t
They have both promised their asnstanoe in pemading tlieir re-
spective parties to keep the peace. No Onmge pmesBona are,
I underatand, to take pkoe at Kingston and other pkoes wine
there axe lodges^ but they will, I am mfczmed, in aoma plaoos;
and I can only Jiope that wiiese they do they auj pasa wiAimt
disturbanoe.
The di&cenoes between the opponent aocietieB areetiD, I be-
lieve, more of a political than of areligious charaoter, but ikose
of the ktterdesoriptian are likewise ezcitfid. The Qiange Lodges
side with the CoBservatives, oi:^ as they seem now most disposed
to caU themselFO, ihe Oonatitationaliati^ and the Ilibemian
societies with those who call themselves Be&cmesa. The
danger of coUisbn and distorbaxioB fiom theae aacietiea is at
present confined to Upper Canada. My •**"**^^ will natu-
rally be fixed oa tius subject, as it is meat desiable that such
causes of anschief should on both jides cease to exist
MFFICVL'iW OF TSE OOVESIfOib-CaBKSftAX«*B MNilTIOV • 485
DUTICULTIES OP THE GOYEBNOBrGENERAL'S POSITION.
TO THE EIGHT HONORABLE LOBD 8TANLET.
[ExtbaotJ— Mjr poil is far itoin a pleaaMil ona While
I wish to devote my nind exoliioively to the welfare and hap-
piaeflB of the ooontiy thai I have been aent to govern^ I find
myself almost paralysed as to any good puipose, and engaged
in a flontinual straggle to maintain the due authority of my
offioB against the asnnnltn of the very men whose ptofessed duty
it is to assist ine» The stnigg^ as to idtimate results ]S» I fear,
fruitless, whatever ien^xMcaiy and limited efieot it may have
in wacding off their oompletioB. It must be always difficult to
withdraw power once granted to the leaders of a representative
body diosen by jlie mxdiatQde, and scaicely less so to with-
stand their eBcmaehanenlB. lK)rd Sydenham attempted an im-
poBBibilityy in composittg tm Ezeeotive Cknmd! as he did, and
expecting that the power of the Oovemor would remain unim-
paired, or could be exercised as freely as before, if such were
really his anticipations. I see no prospect of any cessation of
this almost unavailing struggle until the principle for which the
present Executive Council and the House of Assembly are
practically contending — ^namely, democratic and party govern-
ment— ^be fully admitted ; and then the prospect of being a tool
in the hands of a party would be anything but enviable — and
even now it is difficult to be otherwise — ^for whatever personal
influence the Governor's character or conduct may exercise,
2f2
436 DIFFICULTIES OF THE QOYEEKOE-OEIIEIUL's POfilTIOE.
must strengthen the hands of his ostennble adiisaB. Were
the power of the majority in the hands of a party thoroag^y
attached to Brittsh interests and connexions, there would be a
ground of mutual cordiality and confidence which would render
real co-operation more probable, concesdon more easy, and
even submisnon more tolerable. The diflbrenoe between me
and my Ooundl in views and feelings in ihese easential points
is so great, that I should certainly part with them if I could see
any sufficient prospect of carrying on the government suc-
cesBfuIly by a change. But there is no such prospect. Hie
party in office have the strength of the majority, and seem
likely to retain it; and I can see nothing but embarrassment
and convulsion as the probable consequences of their dimiisHal.
I therefore think it necessary to bear with them, to co-
operate with them in any good measure that may present
itself, and to resist anything that appears to me to be wrong;
in doing which a rupture may some day arise, which, when un-
avoidable, I must wade through as wdl as I can. In the
mean while I must make the best in my power of a state of
afiairs which, to my apprehension, is ihe reverse of satisbctoiy.
Fortunately there are some measures in which we agree, and
which I hope may operate to the benefit of the community.*
* This paper Bhonkl ri^tly have extract to indicsie ihe unwiTInigneas
preceded tne one on the Resignation of Sir Charles Metcslfe to f — '-'^ "
of the Gonndl, to which I gave pre- a raptnie, though he felt it to be
oedenoe for reasouB stated in a pre- inevitable,
ceding note. I append the present
RESULT OF TH£ GENERAL ELECTIOK. 437
EESULT OF THE GENEEAL ELECTION.
[After the resigDAiion of Lord Sydenham's Goxmcil, Sir Charles Metcalfe,
seemg little probability of his new Ministers obtaining a majority in the
House of Assembly, dissolTed Failiament and appealed to the oonstitiLencies.
The following despatch relates to the result of tiiis appeal]
TO THE RIGHT HONORABLE LORD STANLEY.
NoTcmber 23, 1844.
My Lori>» — ^The returns of the recent general election of
members of the House of Assembly in this province exhibit
the following results:
Upper Canada — ^Avowed supporters of the Government, 30.
Avowed adversaries, 7.
Undeclared and uncertain, 5.
Lower Canada — Avowed supporters of the Government, 16.
Avowed adversaries, 21.
Undedaied and uncertain, 4.
Total of both sections of the Ptovinces:
Avowed supporters of the (xovemment^ 46.
Avowed adversaries, 28.
Undeclared or uncertain, 9.
These results show that loyalty and British feeling prevail in
Upper Canada and in the eastern townships of Lower Canada;
and that disaffection is predominant among the French-Cana-
dian constituencies. By disaffection I mean an anti-British
feeling, by whatever name it ought to be called, or whatever
438 BB9ULT OF XHB QBVSBAI* SUK^XiQK.
be its foundatioiif which induoee habitoally a letdineflB to op-
pose her Majesty's Grovemment. In some iniitanceB in Lower
CSanada, the candidates avowedly opposed to the Groyenunent
have been rejected by the constitoencies which ihey before re-
presented. It is, however, remarkable that Mr. Viger, Mr. Neil-
son, and Mr. Cuvillier, our kte Speaker, the three popular indi-
viduals formerly nominated as a deputation to England to re-
present the allied grievances of Lower Canada, have lost their
elections, because the two former are avowed sapporters of her
Majesty's Government, and the latter was suspected of bdng so,
mthout any avowal or demonsftiaAiQa on hia pari to thai efibct
Mr. HoA likewise Iks odLy FreMh^CbndM Mmber beiida
Mr. ViKv who suppotftBd ker Msgesty^ OomniBB^ in th^
Parliament after ike resignatron of tlie late Oxmoii, hm now
been thrown out. The same has happened to Mr. Baithe, the
editor of the Atavre^ the only French-Canadian member who,
nnoe the pionigatfon, has taken an active part in support of Mr.
Yiger; but with respeoi to Mr. Battbst it is light to state that
Aa los of hia election iaaHnbuted to tbeaa having hepnaimthpr
candidate in the same county also avowing wgyort of die Go-
v«nmient| by iHudi the votaa of the Gonrenuofint saj^parten,
forming an aggregate majority, were divided bstween two can-
didates, while those of the adverse pacty weie ffSf^B^ to oae^ who
thereby oUaiasd a mqooty oves eash of the othesBL If ihis
be a correct explanation of the result of the YssMwkn election,
the division of the votes in suppoct of the Ckweriflnit was
very unfortunate, for tiie eeseLaaiQii of Mx. BactW» who usee
the prorogation has been vcay proetinemi in wxpgcA of BIr.
Vigor, is a triumph to the other partj^andascniraeQf sigzetto
the Government Mr. Vigor attributes his own defeat ia Bkhe-
lieu to the previous reseh of Mx.Bazthe'8eonttft. McVq^'s
successfi^ antagonist was Dr. Wolfided NiebcA, a leader of ds
rebels in 1837, who owes his impunity to his noi having been
bcongjit to trial, and to the somaaiy j ttdgment of Lord DurhasD,
subsequently deemed ill^aL
THE I^BEKCHKUNABIAN FAttTT. 439
I hftve stated io a fimner oommunioatloii that the Blim^ of
the oppanenls of her Majesty's Grovemment in thiB prorince
rests en disaflfection or an anti-JBritish feeHng. In hoyiKit
Gasmdit it appcan to be the latier, ^thont any definite object
The Fiencb-Ganadiani are described by moet of those who Kve
among them asa qmet, oiderly, amiabfe race^ who, if left to them-
selres, would be peaceable and good subjects. Bntitisobserrable
that they are moie easily led against than for the Bcitirii Gb-
vemment; and that althoi^h this may be the effect at ndsce-
pgesentaticgi,nQ misrepcesemtation and fidsehood is too gross £»
tfaciz credence if directed against her Mqes^s Ctovenmient or
ita snpportenL That airir one of their own race who is sterna-
tised as a snpporter of her Ma^esty^s GroTemment, however po»
pidar he may have been, loses all his inflnenee and becomes
odioos. This spirit is wwked on and inflamed by the maHg-
mmsy of ike French-Canadiao party, consbting of yonng
lawyers, notaries, and other influential members of rural commxi-
utieSb This spirit of disafiection in Lower Canada, I have aboTC
renadced, has no definite object. I ought rather perhaps to
say ihat it does not mamfestly aim at immediate separation firom
the British Empire, or union with lite Fnited States of America,
or the formation of an independent Republic. If it has any de*
finite object, it is the aaecmdancy of the French-Canadian na-
tioBality. Its tendency, nevertfaeiess, is to adopt any scheme
hoetQe to the Bkitudi GofemuKnt The circumstances which
bfoi^t MesBX Lalbntaine and Moris into the Council, ao-
complished in a great d^;ree ibe ascendancy of the French-
Canadians, and tihtai state of aflfairs was naturally popular among
theuL The union of dxat race with the kteExecurdveComxsil
was not in snpport of her Mqesty's Government, but for its
salijugation; and it was in the baffled attempt to e£bct the latter
purpose that the Council resigned, and haire since beoi strug-
glihg to fesce themsdves back into power.
In Upper Canada the qpirit of disaffection is various* The
party whicli haa assumed the unsuitoble nansa of Befounuis
440 BESUIiT OF THE OXHKJUI* ELECTIOH.
indadefl all shides of the duft£fectod, and some who may not
properly come under that dengnation. Some of the diwif&rtftd
are for a junction with the United States; others for an inde-
pendent Bepublio. Others are content to let British connexion
nominally remain on the footing of the Britiah nation, bearing
all the expense of the protection of Canada, while the anii-
British party should rule the province without regard to the
suprema^ of the mother country, and practically exdodii^,
depressing, and proscribing all those most attached in prin*
dple and in feeling to Britiah connexion* All of the seT^al
classes described are supporters of the late Council, reckoning
on the latter as either sympathising with them fully, or as ap*
proaohing nearer those views than any other leaders that could
have any chance of being admitted to a share in the govern-
ment of the colony. Among the supporters of that party,
howeveri are probably some who, without any disLojal views,
adhere to it because it is the party to whidi they had pre-
viously attached themselves, and whose superiority they deem
necessary for the establishment of Responsible Government,
without clearly comprehending what is meant or ought to be
understood by that fascinating and indefinite term, which, al-
though descriptive of an excellent principle, is liable to inters
pretations tending to establish absolute democracy or anarchy.
A new element of disafl^tion has been introduced into both
sections of the province by the influx of late years of Irish
Roman Catholics from Ireland and the American States,
strongly imbued with feelings adverse to the British Govern-
ment These feelings have been diabolically worked on for
their own purposes by the party opposed to her Majesty's Go-
vernment, representing the Protestant supporters of the Go-
vernment as Orangemen, and thus adding religious animosi^
to other evils of dissension, the object being to gain over the
Roman Catholic popuktion bodily to their side. Mr. Hincks,
one of the late Council, has been particularly conspicuous in
this abominable incendiarism, which, from the character of those
worked on, has generally produced the effect intended.
THE HONTfi£AL ELECTION. 441
The carrying of the Montreal election in favor of the Gh>-
veiiunent was hardly expected. The Opposition candidates,
the former members— Dr. Beaulieu, a French-Canadian, and
Mr. Drummond) a Roman Catholic, of Irish descent — were the
first in the field, and it was for some days doubtful whether
any others would appear. Mr. Moffitt, however, the highly-
reipected member for Montreal in the last Parliament, who
resigned his seat because he could not conscientiously vote for
the transfer of the seat of government to Montreal, was pre-
vailed on by the British party to stand, and with him diey
joined Mr. De Bleury, a French-Canadian gentleman, who has
been remarkable as a supporter of her Majesty's Government,
and therefore scouted by his disaffected fellow-countrymen.
He brought no additional strength to the contest, but it was
deemed right that one of the candidates in support of the Go-
vernment should be a French-Canadian gentleman. These
candidates being selected, the British party seemed determined
to win the election, or at least not to have their sui&ages taken
from them by the violence practised at Mr. Drummond's election
in ApriL The same violence was designed by that gentleman
and his party on this occasion; but the British party were re-
solved to oppose force by force, and organised themselves for
defence. Owing to the spirit and firmness with which they
resisted the attacks of the Roman Catholic mobs of canal la«
borers hired by Mr. Drummond's party-r to the admirable
arrangement of the retuming-officer, which secured iminter-
rupted and equal polling for both sides at all the polling places
throughout the election — and to the ready attendance of the
military when necessary to preserve the peace — ^the violence
attempted entirely failed, and the British party triumphed.
As it is supposed that if all the electors could have voted there
would have been a majority in favor of the Opposition candi-
dates, owing to the great bulk of French-Canadian and Irish
Roman Catholic voters being on their side, the peculiar cir-
cumstances which gave success to the British party require
explanation. The existing election law, confining the polling
4A2 BESULT OF 1BJL CntHBllAT, XUBCTION.
to two dajVy iom not cUaw time Sat leeavxDg^^ iiat Yobei of
ao laigB & I (iiMiiini ■< y. The poHiiigv tkefdate, being ciaExied
on equaUy m tfame wvda in. nUck neitlier pu^i ¥Olei wve
OThaiMtf>f1j then would be little or no npeEioxity es either
ode^ nd whet then mi^ be woeld be mnadflntad, Sndk wee
the caae ia the htgs waidt; but in the floall w«di^ wkcet ibe
TOlsB OML both mdet weze fully taken end mrheBetM^ tkse wes
e nugodtj in frwor of the candidaies BoppoK&ag her Mi^c^t's
Gtoyerawiftntt whidi aecned their suooeei wzAont BwytMitieg
on which aide the magcnty ef the aggxegote body of diedon
BGtnalljF waa^ ea the wlrole eoold not, for want dE tinie^ b^
tothepdL In ti».A^pinleIectian, thepolbhsnngbeeBseiKd
by the hired znffiana of Mr: Dnanmend^ end the BntiBh party
being unable to xesiat fn»i want of oiqganinliony the ntoming*
offioen alao being either pertial or deipoid o£ eimgj and firm-
^ the Bcstidi party had i&f» no ehanee On the paeaent
. the nmnbers were— fixr MdtoikL, 1079f far Mr. De
Blnirjr, 1075^ finr Mr. Dmnmsond^ a&3; and for Dc Beau-
lieu, MUL
At Qnebee,. and in that waighhniihood, the Britiah party
appear to hvve been paxBlyaed, and nttde no cffixt to dispute
the electaana. Two Oppontioa Bembera were ntnmed for die
city of Qnebeo wilhoee a eantent Mr. Bkek, one of the
fisnner mGmbea, did not stand. He might heTebeen returned,
butashewonld have ownd hia aeat to the soppcat or sniFaanGe
of the Opposition. party,.hedad m4 choose to oomeinloPar-
hesBent fetkerai by soch en oUigatkMv akhough be did not
dedaxe hie opubons either for or against then. Mr. Neilson,
finierly highly popalar with the French parly, alkved hiair
self to be put in nomination Sot tite county of Qidaec^ biii wea
zefeeted by a large majocity in ficvor of a ycnng French-Ca-
nadian lawy^ beeause Mr. Neilsos^. although perfectly inde-
pendent in dunacter and oanduet, had showa himself duiing
myadmisEstration, aa a supporter of her Majesty's GoYeiamenL
Wheneyer inqmiy is made as to the li^lessness evinced by the
QorsaaoEgn kuxxss m tiftsb cjlsada. 443
Bntak pstgr a my pnt of tke proTinB^ Ae lepljr b Aat they
ctnuoi snj on nee Msjaily^i OuwuniiMBt^ tnit tfaqr luiv€ been
spettecyj alMDidoaed imd imfinwf ta Aeb enemiei, and ^tut
ofkte jcanAemflflfe watomBd aoiaam im^lSm ecioBj htmbwak
ID BefaeBian and koalifity to &ditiBik eonneaiDn.
la Upper Canada oav snooeM in Ifae ekefeiens Ium ezeeeded
pyprtlaliwi, and » owii^ to flie krjFaL qpxxit of the mojozitf of
^ ptopift. It bas often been Mod Ant ibe people of Uj^er
Canada "wonld aoi be appeided to in wn ^Acn the enmezion
of the pto> Jiio with tke modicr eoantiy nd^ be in jeopardy,
and the peeaeni cnnhaa been TOwed aa one of that cbaraeter.
The mqoriQr at tibe aif^r daaaes ef Bixtisfa Canada aie de-
cidadly iojakf and the yeomanry ba^e the aame honest feding.
Bodi daaeaboieeaerted thcmaelreaaealoaBly and spoBtaneooaty
on tiie pitufl neramim; and there never waa an electiosa in ai^
cuiaaify nMve free from interfapenee on the part of the GoTun-
menft ihanthaiof wkidilam reporting the smilt^ Itiahigfaly
gmiifyii^ to be aarared tiat in Upper Canada a loyal feding
The same qpiiit haa been oonapiooona in the Eastern town-
flfaipe eC Lower Canada. The three nnmbenr who voted for
the Ckpfonaaent on the qaeedon ndaed by the late Conncil
after their reaignatioBhaie been again returned; aBid the three
who nofeed for the Council have eeaaed to repteeent their re^
apeclive conntiea, two letixing witboiit an efibrt from an antici-
pation of frihirc^ and one wlaiiinig defeat from a decided mn-
joiity in favor at hia opponent. The eutsm townakipe^ liiere-
ibie, whidi may be regarded aa the Britiflh portion of Lower
CaMda, have all retained aembecs pledged to support her
MajeatT^a Govennnent
Mr. Hmcba baa been rejeeted in Ae coontjr wiiieh he re-
prcaented in Upp« Cimada; Mr. BoolUm likewise, formeily
Attomey-Genend in Upper Canada, and sobecqnenfly Chief
Jnatiee of Newfknndhmd, bat dismkaed from both offices, and
now a disooitteDted man, who has chosen to toke paart against
444 BE8TJLT or THE aKNEBAI. BLBCTIOH.
her Majesty's GoTeminent, although he is not held in much
efltimatioa by the lerohitionaiy party which he has jdned.
Bfr. Dnrsnd, one of Mr. Baldwin's most devoted foUoweis^ haa
also been rejected; and lir. Baldwin and his sopporters, Messra.
Price and SmaU, were hard pushed in the riddngs wUch they
represent, — ^the seat of rebellion in 1837. There was an ear
ooura§^ng prospect of defeating Mr. Lafontaine in Terrebonne,
one of the Papineaus having come forward with much prospect
of success to oppose him; but notwithstanding a genetal belief
that Mr. Papineau would be successful, he unaccountably with-
drew without demanding a poll, the show of hands at the
nomination being in favor of Mr. Lafontaine, owing to the
more skilful management of the latter. Mr. Papineau has in
consequence incensed those who were ready to support him,
and disappointed a very general expectation that Mr. Lafontaine
would be defeated in his own county — ^in which eaqiectationhis
own party partidpated, for means were devised to procure his
return elsewhere^ in the event of failure in Terrebonne — but
instead of failing there, he has been returned without a contest
The Mr. Papineau alluded to is not the one who is a member
of the Executive Council. The latter has been returned for
the county which he before represented without opposition.
Presuming that a majority has been returned to the present
Parliament disposed to support her Majesty's Government, it
must be admitted that this majority has been elected by the
loyalty of the majority of the people of Upper Canada and of
those of the eastern townships in Lower Canada; in other
words, by the party calling themselves Conservative or Con-
stitutional, and by their adversaries denounced as Tories — a
designation which, on this continent, seems to me to have the
same meaning which it bore during the rebellion of the thirteen
imited colonies, when it was applied to all the supporters of the
British Government. The majority being so composed — ^those
heretofore regarding themselves as belonging to the Beform
party, but nevertheless willing now to support her Majesty's
TBIUHPH OF THE OONSEBYATIVE PABTY. 445
QoYcnmient — are somewhat sqaeamish as to co-operation with
their new allies; and this feeling, which exists even in the
Ezecutive Council^ is ahready, and will continue to be, the
cause of some embarrassment. My own views are to cherish
and encourage the spirit of loyalty and attachment to British
connexion which the result of the election proves to be pre-
dominant in those of British descent, and at the same time to
act with equal justice towards all races, creeds, and parties; to
reward merit wherever it is to be found to the extent of my
means; and to abolish exclusion: thus endeavouring to amal-
gamate all parties, and to mitigate, if I cannot extinguish, that
feeling of disafiection which, fiK>m whatever cause it may arise,
is the bane of this colony.
44< THE DIWMWULTT OV MNUUJRI AH AMUIIJBJJU.TIOH.
QH XHE mFEIClILII Of EOfilflNO AH ATlMTNTaTRAHON.
[ExTSACT.] — ^The system of govenunaEit eataHiBhfd in ibis
piovinoe during Loxd Sydenham's administration has created
great difficulty in providing for the discharge of the duUea of
Uie highest offices in the colony, which are those held by
memb^ of the Executive Council, with a virtual dependence
on the pleasure of the representatives of the people. Mere
fitness in the individual for the office — nay, the most perfect
fitness — ^is not sufficient, and must yield to other considerations.
He must be of the same political opinions with his colleagues in
the Executive Council ; he must be a member of one or the other
of the Legislative Houses; and he must be one of a party that
can command a majority in the Legislative Assembly. The ob-
stacles formed by these conditions are not easily surmounted ;
and, added to these, is the reluctance to accept office, of wHch
the precarious tenure renders professional and private pursuits
more profitable, and offices of inferior rank and emolument not
exposed to the same precariousness more desired. During nine
months of the last year I was laboring in vain to complete my
Council, and I have now again to fish in troubled waters for an
Lispector-General, and for a Lower Canada Solicitor-GeneraL
The former must be a member of the Legislative Assembly, as
he is in that body a professed imitation of the Chancellor of
the Exchequer in the House of Commons; he must also belong
to the party supporting the Gbvemment, and be able to coalesce
OOmrEMPULIKD XBSIOKATIOfir. 447
wilii hii callwignro in the OomBsSL; he tmf^in&etyio be sa
Upper QMadb nemba^ as M pveient Ae lupimmtathies of
Lower Gasada in the Ezacntm Coundl cue m two to one of
those from Upper Canada. If at present a meinber of the
House, lie ws^t go to his constitBentB for a rejection, iriiich
will infiiffihij be coBtested; if not at presevt a member, he
mmt poTBoade aome member to lesign in his finroc, and -will
then have to nndergo a contest &r his deetion. Who will be
found to fulfil all these conditiaos, and be at the same time
willing to widertake the office, with its attendant annoyances
and iinorrUiiBlies? neither do I know, nor has wij one hitherto
oooBxredcither tome or toany of myCaoBciL With respect
to the SolicitoMScnenilwhip far Lower Canada, your Lordship
is awaio thai I Jbai« been desirous of appointing a Frendi-
Canadian to that offioet, bnt diis officer also is ezpeoted to be a
member of the T^pigiatatiye AiwpmWy ; and it is scarody posnble
to find a Freneh-Oanadian •oapaUe of filling Ae offioe who
could veotnie to aepamte himsdf £ram the French Compact,
and whose letuxn by a Lower Canada eonslituency could in
that case be secured. The office^ ooosequently, has not been
filled since the xesignBtBon of the last Oouncil. Although I
might reHnqaiflk my hitherto unsuocesifiil desire to appoint a
Ereoch-CanaflBan to that office, and might substitute a barrister
of British eictactaon, these would still be unoeitainty as to his
dection to the Legisbtive Assembly. This kind of fifficulty
in filling up ofioes, and coosequenddy in dairying on the go-
iwmment with efficiency, originated, I belirfo, in the modi-
fioatkm of the JQaecutiTe Council arranged during Lord Syden-
ham's administration. Whether it was wisely substituted for
difficultiffi moie peiilouB, or apontaneoudy created without suf-
ficient resaon, is a wide qnesfciGSL on which I will not now
entoc, and which it is the less use&I to docnss, as I do net see
the possibflity cf abrogating the pmctical supremacy confenod
on the representative body by that arrangement, or of removing
the impediments to good administration resulting therefrom.
In giving effect to the system thereby introduced, provincial
448 THE DIFFICULTT OF FOBMING AH ADMINISTRATION.
politicians have adopted its defects as if they were its virtues,
and in rendering themselves slaves to exaggerated notions and
questionable consequences, lose nght of the essentials of Respon-
sible Government.
Had it been in my power to report that the Executive
Council was stable, and sure to command a majority in the
Legislature in future sessions, I should probably at this time
have solicited permission to withdraw from the cares of office;
because, although my general health seems unimpaired, the
continual discomfort which I suffer from a complaint in my
face that has baffled medical skill, and having destroyed the
sight of one eye, still menaces further ravages, would render
retirement 'and rest very acceptable; but I should never be
satisfied with myself if I bequeathed this government in a state
of embarrassment to my successor, as long as there is any hope
that, by remaining at my post, I can render any service to ber
Majesty, or promote the good order and welfare of this colony.
I do not, therefore, entertain any intention of resigning my
charge while your Lordship is of opinion that I can be useful
here. The time, however, may come when, owing to the state
of parties, and the personal fedings regarding myself by which
some of them are instigated, the formation of an administration
supported by a majority in the Legislature might rather be
facUitated than impeded by my departure. If that case should
occur, I shall not hesitate to report its existence to your Lord-
ship; and, although I should grieve to transfer my trust to
a successor under such unsatis&ctory drcumstances, I should de-
rive some consolation from the reflection that I had not aban-
doned my station as long as I could retain it with any good
effect Under what circumstances such a case is likely to arise
I mil endeavour to explain in another communication, in which
I shall attempt to describe the state of parties in the province,
and the personal feelings towards myself which exist among
them.
STATS OF PARTIES IN 1845. 449
STATE OF PARTIES IN 1846.
TO THE BIGHT HONORABLE LOBD STANLEY.
May 13, 1845.
My Lobd, — ^I propose in this despatch to submit to your
Lordship the opinions which I entertain regarding the several
political parties existing in this province, according to the best
judgment that I am able to form.
The first that I shall notice is what may be termed the
French-Canadian party, consisting in the L^islature of most
of the members of that race, and out of the Legislature of the
mass of the French-Canadian people. This party, regarding
union as strength, is banded together in a compact body for the
purpose of acquiring power. Its chief, if not its sole object, is
the predominance of the French race in Lower Canada. Any
individual of that race who acts independently, and separates
himself from the party, is in a great degree regarded as an
outcast. So many have sufiered from this cause, that few now
dare to try the experiment, and the party is kept together by a^
system of terror as well as by inclination. Many suppose that
its success among the mass of French-Canadians is owing to-
misrepresentation; but the misrepresentations which produce
so great an e£^t must, I fear, be strongly aided by a previous
di^osition. This party has most frequently been opposed to
her Majesty's Grovemment, and is so at the present time,
although circumstances have occurred in the last two or three
yean which would naturally have produced a diflbrent result if
2o
450 STATE OF PABTU8 UT 1845.
there had been friendly feelings to work upon. In this interral
the French-Canadians have seen their countrymen forming a
part of the Executive Council, and holding office and emolument
on an equal footing with any other portion of her Majesty's
subjects in this colony. They have seen the capital removed
from Upper Canada and fixed in their own section of the pro-
vince. They have seen all those of their countrymen who were
transported to the penal colony for treason and rebellion, par-
doned and restored to their country. But all these acts of con-
nderation and justice, grace and mercy, have apparently had
no eflfect ; and if they have imperceptibly mitigated malignity
and disafiection, and thereby promoted order and tranquillity,
they cannot be said to have produced attachment or removed
ill-wilL This party is under the guidance of Mr. iMfontuney
and next to him Mr. Morin is the most active and oonspcnous
of itsmembeiSL
As those two gentlemen were members of the Elxecutive
Cooncil in 1842 and 1843» and were among those who lesigned
their offices in November of the latter year, then oppositioa
and that of the party at their command is in a considerable
degree personal against the Governor, whom they first sought
to reduce to the condition of a party tool, and, failing in that,
attempted to bully into submission by the vote of a majority
in the Legislative Assembly; and, fiailing in tiiat attempt also,
used unsparing and reckless endeavours to misrqyresent and
calumniate. They accordingly rest their expectation of a
return to power on the prospect of my retirement from the
Govemm^dt; and firom the time of their quitting office thdr
partisans have been actively employed in circulating reports of
the approximati<m of that event. ^So much importance is
attached by the party to a general belief among tiieir followers
of the certainty of this occurrence, that in the French paper,
the Minerve^ tiie organ of that party, those passages g£ my
speech at the dose of the session which contained the woids
'' our next meeting*' and *< until we meet again,*' are translated
SO: as to convert those words into "your next session" and
HOSTILITT OF THE FRENCH-CANADIANS. 451
<* undl joor vetam." Anotlier French jmper, the Aunri^
noticed the nustraBaUtion, and exposed its design, but the
Aurore is eagoommiinicated, aqd the JUmerve is the only paper
read to the mass of the French-Canadians.
If there were just grounds for this personal feeling, and if
the removal of its object would be attended by a cordial arnal^
gamatioa of the French party with their feUow-subjects of
British extraction, the remedy would be easy and obvious; but
the result, I fear, would be far £rom that desirable effect. The
change would be regarded as a victory, and the expectation of
a triumphant return to power would be encouraged; but there
would be no amelioration of feeling towards either her Majesty's
Government or their fellow-subjects; the predominance of tiie
French party would still be the main object of contest, and any
success in such a contest would increase the difficulty of amal*
gamation, and knit the French phalanx more tightiy together.
The motto of this party at present is '' Ta^t au rien."* They
are aware that there is no exclusion of their countrymen from
the highest offices under the Government, and they cannot
pretend that any measures injurious to their race are adopted
or contemplated; nevertheless they are ranged in a dose conn
pact against her Majes^'s Government, and adhere to their
oppodtion for tiie sole purpose of obtaining a triumph and
establishing a French predominance. Such a course, with such
views, reference being also had to past events, I cannot, it
appears to me, sanction by submitting to it as long as I have
any power to redat it. It is my belief that by a consistent con-
duct, steadily pursued for a series of years, this hostile phalanx
might be successfully combated and dispersed. The course
which I would recommend would be to leave the French race
no pretext for compkint ; to treat all as if they were well
affected ; to give office, emolument, and privileges equally to
the French or British race, equal fitness being presumed; and
to avoid any exclusion even of those ranged in opposition,
whenever the occasion might justify a selection from among
them, but to be careful to diBtinguidi and reward those of the
2q2
452 STATE or PABTZXB DT 1845.
French noe who ahow a loyal diapontioii and a doiie to sap-
port her Majesty's Govemment. I entertain a strong ctmyio-
tion that this course would, in a short time, lead the French*
Canadian poliddans to peroeiTe that a pertinacioas opposition
to her Majesty's GbTemment would not tend to promole th^
own interests. In order, however, to pursue this oooise sod-
oessfully, it is necessary that the GtoTemment should be aUe to
proceed without being compelled to submit to this Action; in
other words, that the GbTemment should have a majority in
the Legislature notwithstanding the oppoation of the French
party. On this account any rupture in the existing majority,
which, by reducing it to a minority, would exalt the import-
ance of the French compact, is greatly to be deprecated.
The French party, notwithstanding the spirit which binds
them together, do not like their present position in a xmnority,
and will like it less and less the longer it continues. Disap-
pointed in their expectation of always commanding a majority
in the United Legislature by their union with the disafl^ted
party in Upper Canada, they b^n to doubt the policy of that
connexion, and some of them are understood to have expressed
the opinion that a union with the Conservatiye party of
Upper Canada would be more natural On the other hand,
both sections of the Conservatiye party, anticipating a rupture
between themselves, have a vague notion of the expediency of
a union with the French party. I do not anticipate that these
speculations will lead to any satisfactory result; but if 1 saw a
probability that such a combination could be formed on right
principleSi so as to establish a strong Govemment, free from
anti> British malignity, I should be disposed to encourage the
design.
In adverting to the feelings and conduct of the Frendi-Gana-
dians, I ought not to omit to notice those of their priesthood,
the Roman Catholic clergy of French extraction. As these
enjoy without restraint every right and privilege that can be
conferred on an ecclesiastical body under the protection of the
British Empire, it would not be unreasonable to suppose that
IKPLUKKCE OF THE CliSROY. 453
their infiuenoe would be exercised in support of her Majesty's
Groveniineiit ; and as the influence of the Roman Catholic
priesthood over their flocks is generally understood to be great,
it might be inferred that it would produce salutary efifects. I
have been an attentive and anxious observer of their conduct
I have heard in some instances of their affording support to her
Majesty's Oovemment; in other instances, of the contrary; but
more generally I have understood that they have abstained
firom taking any open part in the recent political contest
From all that I have learned, I am led to believe that the
influence of the clergy is not predominant among the French-
CSanadian people, and that the avocat, the notary, and the
doctor, generally disposed to be political demagogues, and most
of them hostile to the British Government, are the parties who
exerdse the greatest influence. Whatever power the clergy
might have, acting along with these demagogues, it would, I
fear, be slight when exercised in opposition to them. There is
also reason to apprehend that the mass of the clergy are
imbued with the same spirit as the people, and that, at the
best, although they must be aware of the improbability of their
benefiting by any change which would remove the protection
of her Majesty's Government, their loyalty is not of that ardent
character which would produce great exertion under circum-
stances that did not menace their own particular interests. I
cannot say, therefore, that I expect much benefit from the in-
fluence of the Roman Catholic clergy, although I have met
with several highly respectable individuals of that body on
whose loyalty and good feeling towards the Government I would
confidently rely.
Before I take leave of the French party, I think it right to
add, that I continually hear reports of a reaction in the opinions
of the French-Canadians, as if they were becoming sensible of
the unreasonableness of their groundless opposition to the GK>-
vemment, and tired of the leaders who persbt in dragging
them on in this course. To such reports, however, I cannot
attach any credit until I see some demonstration of their cor*
464 BTATS OF PAETIB8 IK 1840.
nctneaB. It rests on beUer feimdfttioii, md is a sonree of
cheering hope for the future^ iimi in some of thoee rami dis-
tricto in which the Fienoh-Cftnadians and the inhshitants of
British extitction aie most intermixed* there is an increasing
tendency towards good-fellowship, aooompanied by a better feel-
ing towards the British Gioyemment on the part of the French-
Canadians, than exists in those districts in whidi the popula-
tion, consisting entirely of this race, are exduaiTdy subject to
the misrepresentatbns of those demagogues who inculcate hatred
against the British Goyemment and the British race.
There axe among the r^resentatives a£ Low^Canada in the
LegialatiYe Assembly three or four members of BritiA extiac^
tion who are returned by French-Canadian constituencies, and
act entirely with the French par^. I am not aUe to disoover
any motive for their conduct other than a regard for what they
consider to be their own personal interest
The Opporition party in Upper Canada in the L^ialatiyc
Assembly consists of a few members, who acknowledge Mr.
Baldwin as their leader. This party^ though now small in
number in the Legislature, has supporten in almost every con-
stituency in Upper Canada; and although at the last genoal
election they were most frequently in a minority, they often
made the contest an anxious one to the successful candidate.
There are men of various descripti<»s in this party, and many
probably are loyal and honest, but it is certain that all the
disafl^ted in the province belong to it The fedanga <^ moot
of this party are bitter against the Governor.
. A few of the representatives of Uf^er Canada having here*
tofore belonged to the party caUing themselves Reformers,
conceive that they cannot thoroughly join with the Conserva-
tive party, forming the majority in the Legislative Assembly,
without incurring the imputation of desertion from their own
party, and damaging their influence with a considerable portion
of ^eir constituents. They cannot^ therefore^ be reckoned on
as sure supporters of the Grovemment, but they do not yield
a slavidi obedience to Mr. Baldwin, and may be found occa-
VHE GOTiSQQfBNT PiLXTT. 4S6
aonilty on &&m side of the Honae. The BBBtimcate ci tii6R
mendben, as far as I can judge, aie not pcraosiallj imfiiendlj
towards the Goyemor.
The snppoorters of the GoYermnent fbrmiBg a majority in the
Legislative Assembly consist of the Conserratiye party of
Upper Canada and the British paxty of Lower Canada, and
two or three Frendi-Canadian members. This party is strong
enough, with the occasioiial aid of other independent members^
to maintain a working majority in the House, if it would keep
that object steadily in yiew and ayoid inadequate causes of
• dissension; but I am apprehensiye, from what has already
pasKd, that this d^ree of wisdom cannot be rehed on, and
that the seeds of division and weakness have been sown partly
by the di£Eerence which occurred on the Umversity question,
partly by individual discontent, and partly by the want of
popi:darity of the members of the Executive CoundiL It is
remarkable that none of the Executive Council, although all
are estimable and respectable, exercise any great influence over
the party which supports the Government. Mr. Draper is
universally admitted to be the most talented man in either
House of the Legislature, and his presence in the Legidative
Assembly was deemed to be so esKntial, that he resigned his
seat in the Upper House, sacrificing his own opinions in order
that he might take the lead in the Assembly; nevertheless, he
is not popular with the party that supports the Government,
nor with any other, and I do not know that, strictly speaking,
he can be saad to have a single follower. The same may be
remarked of erery other member of the Executive Council;
and although I have much reason to be satisfied with them, and
have no expectation of finding others who would serve her
Majesty better, still I do not percdve that any of them indi-
vidually have brought much support to the Government. The
supporters of the Government are composed of those members
who are most desirous of upholding her Majesty's Government
in this province, and are consequently opposed to those who
most strive to reduce it to a nullity, as well as to all those who
456 8TATB OF PABTm IV 1845.
entertttn aiili^Britiah fedings. When, therefiMe, the nqplue
took place between the Gbyemor and the late EzBcatne
Coundlf the Consenrative party xmUied round the Governor^
insprited both by loyalty to her Majesty and by advene
feelinga towards the opposite party; and during the genoal
election which followed, the riiral candidates stood reflectively
on what is termed the '* ticket" of the GbvemoTy or that in
colonial language of the ** ex-Ministers." ICany memben of
the majority accordingly profess adherence to her Mijesty's
OoTerament without acknowledging implicit confidence in any
of the members of the ExeoutiYe CounciL A conaideiable
section of the majority was not represented in the Bxecntive
Council until the appointment of Mr. Robinson to be a mem-
ber of that body; and since his resignation the same incon-
venience has been renewed, and hitherto cannot be overcome,
owing to the difficulty of finding a succeewr in that aectian,in
consequence, partly, of thediflerenoe which has been excited by
the University question, and partly by the other causes arising
out of what is termed Besponrible Gtovemment, which mate-
rially obstruct the selection of officers for the highest poets in
the colony.
The prospect of divimon in the next Legisktive Session
among the supporters who carried the Government safdy and
creditably through the last, naturally produces conaideiable
anxiety, which suggests different projects to diflferent minds.
My own opinion is, that every efibrt should be made, consist-
ently wiih right principle, to keep together the majority whidi
exists, and so to satisfy the opponents of the Government that a
mere factious opposition, without regard to measures, for the sole
purpose of overthrowing the Government, will not succeed ; and
if this conviction can be established, I have little doubt that the
compact union of the French party which at present exists will
eventually be dissolved. On the other hand, some of my Council,
distrustfid of the support in the next session of some of those
who formed the majority in the last, look to assbtance fr(Mn
the present Opposition, and especially from the French party,—
THE IBISH BOKAN CATHOLICS. 457
-a scheme which I believe to be impracticable to any extent
that would avail in securing a majority. The French party
profesB to admit that Upper CSanada should be ruled by the ma-
jority in Upper Canada, but claim for themselves that they
shoidd have exclusive rule in Lower Canada, by which the
British party in Lower Canada would be completely swamped,
and the predominance of the French party, which is their great
object, established. On these terms the French party, I believe,
would readily join the Conservative party of Upper Canada ;
but such terms are, I conceive, inadmissible, and the junction,
therefore, imattainable. Individual members of the French-
party might possibly be induced to join the administration,
but they would bring no further aid to it than they themselves
oould personally afford; nevertheless, even such conversions
are desirable, as tending to break up a compact of which the
views and motives are alike objectionable.
In speaking of parties in this province I ought not to omit
the Irish Roman Catholic body, which is annually increaang
in number by immigration, and is generally arrayed on the
same side with the disafiected parties of other descriptions.
Formertjr the British party in Lower Canada had the Irish
along with them, and were in consequence more successful in
elections than they are now likely to be. At present the Irish
Roman Catholics in Lower Canada are leagued with the French-
Canadians, and it was by the violence of the former that the
election of a member for the Legislative Assembly, in April,
1844, at Montreal, was carried in favor of the Opposition. In
the influx of emigrants from the United Kingdom the number
of Irish Roman Catholics preponderates; and therefore, ao-
oording to present appearances, there will be a continual in*
crease to the disaffected portion of the community greater than
that to the loyal portion, and this may eventually be attended
with disastrous efiects. If, therefore, her Majesty's Govern-
ment exercise any interference as to the description of emi-
grants transferred to the several colonies^ I would earnestly re-
commend that emigrants to Canada should be chiefly English
468 8X4TE or TAxnxB nr 1845.
ttrPtotettenl IrMh, and dwt Iiiah Roman GathoScs shNAd pre-
fttably be ae&t to other ookniei that are fieee from diaaflbcted
partiea xeady to aeiae on the aew oomere and enUit them in
tkeir zanka. I do notknow that the Iziih Bonan OaliiolioB
have A single lepreaentatnFe letamed exxiamij bj tiKraaehreB
in the Legidative Ataemblj; neither doea die atragtk of this
ftirtff viewing it as a disafleoted one, lie in the upper dasses;
these, as far as I know, ace well affected. Qneofthemeaabeza
of the Exeendve Coancil, and another atavnch, aealoua, and
eoiupicQoas supporter of the Gkuvemmeni, are Lash Roman
Ciathoficfl^ but few of their coontrjmen of the aame denomina-
tion in the bmer cksses go along witfi them. Of the Irish
Roman Oalholio priesthood I should say much the same as I
have before sud of the Freneh-Ganadian clergy. Some are re-
presenied as well disposed, but when that is the case theb in-
fluence over their flock appears to be insignificant. I ou^t
perhaps to add a word regarding the Scotch portion of the in-
habitants of this province. They appear to be more divided
than any other, and are to be found on either side in politics.
One of the largest and most disaffected constituenaes in Upper
Ganada is fat the most part Scotch; and viewing the question
of an increase of population with reference to British con-
nexion and steady adherence to her Majesty's Government, I
fihould my that the Scotch are not so generally to be de-
pended on, and consequently not so desixable for immigration,
am the English or Protestant Iridi; bat I would except' from
this remark the upper classes of the Scotch, who are, for the
most part, loyal and staunch.
As this despatoh touches so much on parties, I ought not to
omit to mention that the whole colony must at times be re-
garded as a party opposed to her Majesty's Government. If
any question arises, such as that, for instance, of the Civil List,
in which the interests of the mother country and those of the
colony may appear to be difl^nt, the great mass of the peoi^
of the cobny will be enlisted against the former, lliere is, in
oonsequence, great zeal in promoting interests ezdusivdy colo-
CONFLICTING IHTESS8X8. 469
niai^ tad much want of it cm aahjecAs in wlu<di the oohmy^ al-
thoQgli vitally ooDoeniedt is iny<dved aaa portion of tbe Biitiah
Smpiie* The general pieralence of thk spixit is dunm in the
obfitadea whibh have pievented the introduction of a pfoper
niifitia bill into the L^datnxe; in the throwing out tiie ex*
emption from duty of auppUes for her Majesty's fbroes; in the
dekjB which hare oocurred in the payment of the debts doe to
her Majesty's Gkyvenunent on account of pecuniary advances for
the service of the cdony ; and in repeated endeavours to caston
the Imperial Treasury charges which the province is unwilt
ing to admit as a burden on itsd£ This spirit is manifisst on
every occasion which has a tendency to call it forth, and is not
confined to any particular party. It is aggravated by the
estaUidmient of that form of government which renders the
executive servants of the Crown practically more depoident on
the Legislative Assembly than on the authority by which they
are aiqK»nted; and it will require unceasing vigilance on the
part of her Majesty's representative to secure in any degree the
just rights of the Crown, for due attention to which he will
never be able to rely wholly on the ungoaded alacrity of any
provincial functionary, with the exception of the civil secre*
taiy. The inducement to take high office being Blight, owing
to the precariousness of its retention, the hold of her Mqesty's
Government on the officers employed is &r from strong; and
as any material change in the system of administration may now
be regarded as impracticable, the only mode that occurs to me
of counteracting the exclusive subserviency to the Legislative
Assembly which prevails, is in creating a new source of ambi-
tion, by the grant of personal honors to those who deserve well
of her Majesty's Government; and even this remedy, although
it would probably be benefidal, I would not undertake to war-
rant as certain to be effectual.
The system of administration called Responsible (Government
having been struggled for by one party, and coupled with its
own introduction into power, was for some time opposed by the
party which was thereby displaced; but having been adopted
460 8TATK OF PABTIS8 IK 1845.
and acted on by the local representatiTeB of her Majesty, and
auictioned or permitted by her Majesty's Goyemme&t, it is
now univexaally received, and the several parties vie with eadi
other in patting on it their own extreme oonstmctiaiiSy all
tending to esteblish the supremacy of the LegialatiTe Assemlily*
While the majority in that body oonasts of members on whose
loyalty and affection reliance can be placed, there will be cor-
diality, and in many respects sympadiy, between the head of
the Government and the oScexs assisting him in ihe local
administration; bat whenever it may happen, as no doubt it
sometimes will, that the majority in that Assembly follow kadem
whose principles, or want of prindple, axe unworthy of con-
fidence, the dilemma will arise of either admitting such men
into confidential offices in her Majesty's service, or of fidling
into collision with the Legisktive Assembly. If the differences
between parties regarded only local affiurs in which the mother
country might have no peculiar interest, the easiest method of
administering the Gbvemment under existing ciroumstances
would be for the Governor to keep aloof from all connexion
with any par^, and to receive into his Council the leaders of
the majority by whatever party, or combination of parties, it
might be formed; but this indifierence is scarcely possible to a
Governor having any spark of British feeling, when almost all
who have British feelings are arrayed on one side, and all who
have anti-British feelings on the other. This diflbrence must
constitute a permanent difficulty in administering the Govern-
ment according to that system, which practically confen the
choice of the executive officers on a majority in the Legislative
Assembly.
It will be seen, firom the description of parties which I have
submitted, that the two parties in Lower and Upper Canada
which I regard as disa£fected, have a bitter animosity against
me ; and if it should ever become necessary to admit these
parties again into power, in preference to standing a collision
with the Legislative Assembly, a case would arise in which my
BISTBAOTION OF THE GOYEENMENT. 461
ptesenoe here might be rather prejudicial than beneficial^ as it
would be impoasible for me to place the slightest confidence in
the leaders of those parties. If any such necessity should occur
in my time, it would cause an embarrassment mucli more serious
to me than any difficulty that I have hitherto had to encounter..
Whatever my duty might dictate, I trust I should be ready to
perform, but I cannot contemplate the posability of co-operating,
with any satisfaction to myself, with men of whom I entertain
the opinions that I hold with regard to the leaders of those
parties. Such an embarrassment will not be impossible, if any
portion of the present majority fall off or become insensible of
the necessity of adhering together. It is with a view to avert
such a calamity that I consider my continuance at my post to
be important at the present period, as a change in the head of
the Grovemment might easily lead to the result which I de-
precate, and which it will be my study to prevent as long as I
see any prospect of success.
It is greatly to be lamented — and this reflection must have
often been brought to your Lordship's mind by the contents of
many of my despatches — ^that the attention of the Governor
should be so much occupied in considering, not how the Gro-
vemment may be best administered for the benefit of the colony,
but how it can possibly be carried on without a collision with
the Legislature, which could not fail to be attended with evil
consequences. This misapplication of the attention of the Go-
vernment is, however, an unavoidable consequence of the system
of administration which has here been adopted, and which can
hardly be altered unless its bad working should eventually
convince the province of the impracticability of its continuance*
Had the executive branch of the Government been maintained
independent of the legislative, all the essential principles of
Besponsible Government might have been secured by the con-
stant exercise of a due regard to the rights and feelings of the
people and the Representative Assembly, without creating those
embanassments which arise exclusively from the assumed de-
462 6T1TB OV PiJtTIXd IN 184£.
pendeaee of the ezeoatiFe offieen on ibat body — ft syBtam of
govemmeiit which, howerer saitoUa it may be in in iade-
pendent Stete^ or in a oonntry when it is qualified by the
liieBeuce of a Soremgn and a poweifiil ariftoeiacy, and by
many ciicamstances in coxreipondeiioe with which it hai giown
up and been gradually fi>nned, does not appear to be wd
adapted ibr a colony or for a country in which those qnaUfyii^
circumstances do not eadst, and in which there has not been
that gradual progress which tends to smooth away the diffi-
culties otherwise sure to follow the confounding of the legialatrfe
and eiecutive powers, and the xnconsistenoy of the practice
with the theory of the constitution.
BJBAIONATIOH OF THB QOYEKSOBrGENEMAh. 481
EESIGNATION OF THE GOTBKNOR-GENEEAL.
[Tke fean expreaaed in the pemiltiiBacfce despaieh that the health of the
GoTemor-Genenl would not much hmger soSet him to lemain i& chazge of
hja office were unfortmiately realised. The summer and aatomn witnessed
the fearful progress of the maladj with which he was afflicted; and in Oc-
toher Sir Charles Metcalfe addressed Hie following letters to the Ck)Iomal
Secretarj^ who exhorted him to xetum at onoe to England.]
TO THE mOHT HONOBiLBIiB LOKD BTAIVLET.
Montreal, October 13, 1845.
My Lobd, — ^My disorder has recently made a seiious ad-
vance afiectmg my articulatioii and all the functions of the
mouth; there is a hole through the cheek into the interior of
the mouth. My doctors warn me that it may soon be physi-
caDy impoasible for me to perform the duties of my office. If
the season were not so far advanced towards the winter, I should
feel myself under the necessity of requesting your Lordship to
relieve me; but as such an arrangement might require time and
deliberation, I propose to struggle on as well as I can, and will
address your Lordship again on this subject according to any
further changes that may occur in my condition; in the mean
while, I have considered it to be my duty to apprise your Lord-
ship of the probable impossibility of my performing my official
functions, in order that you may be prepared to make such an
arrangement as may seem to be most expedient for the public
service.
464 BUIGNJLTIQN OF THE QOVXBHOB-OXHSRAI..
October S9, 1S46.
Mr Lord, — ^I oontmne in the same bodily state that I
deaoiibed by the last nuuL I am unable to entertain company
or to leceiTe Tisitois, and my oflBcial bnnness with pabHc
functionaries is transacted at my reddence in the oonntiy
instead of the apartment assigned for that purpose in the poblic
buildings in town. I am consequently conscious that I am
inadequatdy performing the duties of my office, and if there
were dme to admit of my being reliered before the setting in
of the winter, I should think that the period had arrived when
I mighty perfectly in consistence with public duty, solicit to be
relieved; but, as the doctors say that I cannot be removed with
safety from this place during the winter, and as that season is
fast approaching, it becomes a question whether I can best pei^
form my duty to my country by working on at the head of the
Government to the best of my ability until the spring, or by
delivering oyet charge to other hands, and remaining here as a
private individual until the season may admit of my return to
Europe with safety. In this dilemma I have hitherto abstained
from submitting my formal resignation of my office; and shall
continue to report by each successive mail as to my condition
and capability of carrying on the duties of my post*
* These two letters have been al- to mt oom^leteness to this aectkm .
ready published in the " Life of Lord of the Colonud Despatches.
Metcalfe," but they are repeated here
ANSWERS TO ADDRESSES. 465
ANSWEES TO ADDRESSES.
[A few of the Answers to Addresses presented to Sir Charles Metcalfe
in Canada are here subjoined, in illustration of his opinions on the subjects
to which thej refer but, as in the case of the Jamaica Addresses, thej are
necessarily but a very scanty selection from a very large number.]
loihe Town of Niagara.
[Becmber, 1843.]
I receive, gentlemen, the sentiments which yoa have ad-
dressed to me with the respect due to every expression of public
feeling. No government can be successfully conducted without
the confidence and support of the people, and I have never
thought of pursuing any course that could justly deprive me of
those essential aids.
It is gratifying to me to learn that you approve the stand
which it was recently my duty to take in defence of the pre-
rogative of the Crown, and that you recognise to the fullest
extent the propriety of the 6ovemor*s judging and acting ac-
.cording to his discretion on all occasions^ and in nil matters-
calling for the exercise of the royal prerogative. This being
admitted, no difficulty would arise on the question of consulting
the Executive Council; for although it is physically impossible,
consistently with the despatch of public business, that every act
of the Governor in this colony could be made the subject of a
formal reference for the advice of the Council, there can be no
doubt that it will be the inclination as well as the duty of the
Governor to consult the Council on all occasions of adequate
2n
466 AN6WEBB TO ADDRESSES.
importance. But when a systematic and overbearing attempt
is made to render the Governor a mere tool in the hands of a
party, then resistance in defence of the royal prerogative be-
comes indispensable; because it is impossible that her Majesty's
Government can ever permit the Governor of one of her Ma-
jesty's colonics to reduce himself to that condition. The par-
ticiJar mode of carrying out Responsible Government esta-
blished in this province is new in a colony, and to be worked
successfully must be worked carefully; with honesty of purpose
for the good of the province, without party animosity and cx-
clusiveness, and with good sense, good feeling, and moderation
on the part of those engaged in the undertaking. My part of
it shall be fiuthfully performed with an anxious desire to render
the system conducive to the prosperity and happiness of Ca-
nada, in allegiance to the British Crown, and under the pro-
tection of the united strength of the British Empire.
To the Township of Scarborough.
iJamtary, 1844.]
I have received, gentlemen, with great satisfactioui your lojal
address.
It is highly gratifying to me to be assured of your approval
of my conduct.
With you I deeply deplore the existence of any political dis-
agreement that may tend to disturb the harmony which it was
the most anxious wish of my heart to see established. Not only
was I reluctant to come to a rupture with my late Council, but
I forbore much in order to avoid it.
Tour complaint of the distribution of the patronage of the
Crown for party purposes, during the time when the gentlemen
of the late Executive Council were in office, bears testimony to
the extreme attention which, whether I was right or wrong in
so doing, I paid to their recommendations; and yet, strange to
TO THE SCARBOBOVGH ADDRESS. 467
say, wliile I have been accused of sabseryiency to their party
. exclusiyenessy the alleged ground of their resignation was, that
I presumed to exercise my own discretion in the exercise of
that branch of the royal prerogative; and on that pretence alone
they and their partisans have since endeavoured to excite the
people to personal hostility against me, by unfounded assertions
of my denial of that system of Responsible Government to
which I have repeatedly declared my adherence.
While, however, the people of Canada entertain, as I trust
^b^y generally do, the loyal and patriotic feelings which you
cherish, I cannot suppose that they will allow her Migesty's
Government to be obstructed, and the good of the country to
be sacrificed, by the influence of such gross and palpable mis-
representations.
I rejoice to learn that you advocate the extension of the royal
mercy to those unfortunate men who were formerly engaged in
rebellion against the Crown. It has always been my anxious
desire that the recollection of past oficnces should be obliterated ;
and I have been incessantly engaged since my arrival in Ca-
nada in promoting that good work, either by my own act,
when it was within my competency to pardon, or by forwarding
applications to her Majesty's Government when the case was be-
yond my own reach. Her Majesty delights in the twice blessed
exercise of mercy. Every petition hitherto submitted has been
successful; and I have no doubt that in a short time all the ad-
vantages that could have been obtained from a general amnesty
will be realised in both sections of the province, by the indivi-
dual pardons granted to those who were transported to the
penal colonies, and by their happy return to their families and
homes.
While I earnestly exert myself to bury in oblivion the recol-
lection of offences, I see no rational ground for forgetting the
loyalty of those who stood forth in defence of their Queen and
country in the hour of need, and I shall ever regard such ser-
vices as entitled to gratitude and honorable reward.
Accept, gentlemen, my cordial thanks for the assurance of
468 AK8WEB8 TO ADDBESSES.
your support^ and my sincere admiration of your devotioii to
Britiflh connexion^ and of your unalteiable attachment to the
land of your &thei8.
To the Freeholders and other Inhabitants of the County ofRusteU,
Ottawa District
I thank you, gentlemen, cordially, for your loyal, patriotic,
and constitutional address.
At a time when an insidious attempt is made to prostrate her
Majesty's Government in Canada to an unexampled condition
of subserviency, which would be tantamount to its overthrow,
it is highly satisfactory to observe the public spirit and generous
zeal with which those who rightly appreciate the connexion
subsisting between this colony and the British Empire, come
forward in support of her Majesty's representative, in his en-
deavours to maintain this province in true allegiance to our
gracious Sovereign, and to render it prosperous and happy as
an integral portion of her Majesty's dominions.
The objects of the party who are bent on obstructing the
Government, and who are actively engaged in exciting disaffec-
tion against me by the most unscrupulous misrepresentations,
nre now disclosed beyond the probability of misconception. It
is manifest that they aim at the following state of things: Tbat
the authority of her Majesty in this province sbould be a
nullity; that the Governor should be a subservient tool in the
hands of the Executive Council; that the Legislative Council
should be elected by the Executive Council; that the Executive
Council should be in reality nominated by the House of
Assembly.
The authority of the Crown and of the Legislative Council
being thus annihilated, and every balance in the constitution
destroyed, the whole power of the State would be usurped by
either the Executive Council exercising undue interference
over the House of Assembly, or by the House of Assembly
TO THE OTTAWA DI8TBICT. 469
exerciflbg unlimited interference in the Executive Administra-
tion. It would be either a despotic and ezclusiye oligarchy, or
an absolute, unqualified democracy. This, they pretend, is the
Responsible Government granted to Canada by her Majesty's
Ministers. It is neither the one nor the other. The British
constitution is a limited monarchy, or a balance of the monar-
chical, aristocratic, and democratic powers, without the exclusive
ascendancy of either; the work of ages, progressively formed to
suit the gradual changes in the social relations of the com-
munity; and the constitution granted to Canada is the same,
as far as the same can be practically carried into operation in a
colony.
The constitution, as established by the arrangements of Lord
Sydenham and by the resolution of September, 1841, I am
using, and shall continue to use, my anxious endeavours to
work, through responsible heads of departments, for the benefit
and contentment of the people of Canada, with the advice and
co-operation of an Executive Council which will, I trust, obtain
the confidence of the provincial Parliament; and if this cannot
be done successfully, the blame will be justiy due to those who,
in the pursuit of unbridled power, have sought to destroy ihe
constitution which they pretend to uphold, and are doing their
utmost to obstruct the formation of any Responsible Govern-
ment, while their unfounded outcry is, that it is intentionally
avoided.
Many proba"bly give their support to this party under an
honest belief that there is reluctance on my part to consult the
Executive Council. This is entirely an error. With any
Council that seeks the good of the country, and does not strive
to degrade the office of Governor to the condition of a mere
party tool, it is my inclination, as well as my duty and my
practice, to consult on all subjects. No Governor could dream
of administering the Government of this province without con-
stant consultation with his Council.
Every Governor must be sensible of the advantage that he
would derive from the aid, advice, and information of coun-
470 AN8WEB8 TO ADDRESSES.
dllon and heads of departments in whom he can place confi-
dence. Bat that is not the question at issue. If it were, or if
it had been, the country would not have been troubled with
the present dispute. The demand of the parly now obstructing
her Majesty's Gbrermneni is, that the Gbyemor, who is respon-
sible to his Sovereign and the British nation for the welfiune of
Canada, is with respect to the Goyemment of this coimtiy to
be a nonentity; or in other words, to be the subserrient tool of
any party that may acquire a temporary ascendancy. To this
I could not and never can submit. This was the meaning of
the stipulations demanded of me, and which my duty to the
Crown rendered compliance with impossible.
I shall ever retain, gentlemen, a grateful sense of your
staunch support and kind wishes, and it will be the greatest
happiness that I can enjoy during the remainder of my mortal
life, if your prayer for my success in promoting concord and
prosperity in this important province, be heard with favor at
the throne of Heaven.
To the Freeholders and Inhabitants of the District of Brock^ in
Canada West
I beg you, gentlemen, to accept my cordial thanks, for the
assurance of concurrence and support conveyed in your address.
I feel most deeply your concluding prayer, that I may succeed
in crushing every attempt, however disguised, to separate this
noble colony from the parent state. It is by the loyalty and
good sense of the people, that such attempts, whenever made,
will be crushed, as they heretofore have been, by the same
means. The design of separation is not now avowed, and I
should be loth to impute it to any one who denies it. The
secret intentions of men's hearts are known only to the Al-
mighty Seer of hidden things. The objects at present mani-
festly aimed at, by the party who are exciting obstruction to
her Majesty's Government, are, that the authority of the Crown
TO THE BBOOK DISTBICT. 471
shall be a nullity, that the Governor shall he a tool in their
hands, and that all the powers of every branch of the constitu-
tion diall be usurped and monopolised by an oligarchy, who by
any misrepresentation or misconception can obtain the support
of a majority in the House of Assembly; so that there shall not
be a vestige of the royal prerogative, or of any balance of
power in the Government. It is against these extravagant and
monstrous pretensions that I am now contending; and I am
unable to express the wonder with which I regard the incon-
ceivable blindness of those persons, who, really desirous of pre-
serving our connexion with the British Empire, do not perceive
that the success of such extreme views is incompatible with the
relations of a colony with the mother country, and must tend
to separation. I confidently rely on the good feeling and dis-
cernment of a vast majority of the people for the detection and
defeat of schemes, which are either wicked or absurd according
to the animus with which they are respectively prosecuted by
their several advocates.
I do not mean in the slightest degree to depart from the
system of Responsible Government established by the arrange-
ments of Lord Sydenham, and the resolutions of September,
1841. I regard these jointly as forming the acknowledged
constitution according to which the Government of Canada is
to be conducted. The real enemies of this system are the men
who would render its successful operation impossible, by assert-
ing the untenable and inadmissible pretensions above described;
and who, by misrepresentation of my resistance to their intended
usurpation, strive to excite disaffection and to poison the minds
of the people against me. In the prosecution of these views,
they pretend that the unavoidable delay which has taken place
in the completion of the Executive Council, and in the nomi-
nation of the several heads of departments, is a sign of my desire
to set aside Responsible Government. It is, in truth, a proof of
the very reverse. That delay, which no one can lament as
much as I do, for no one can be in every respect so interested
in its cessation as I am, has been caused, in a great measure, by
472 AN8WEBS TO ADDBE8SES.
their avowed and fixed deteiminatioii to oppoee any Council not
of their selection; and for the rest, by my own anxiety to form
such an administration as is likely to obtain the confidence of
both branches of the Legislature, without which the successful
working of Respondble Oovemment is impracticable.
Allow me, gentlemeui once more to thank you for your
public-spirited support in what I belieye to be the cause of
liberty, order, and good government, and therefore indispu-
tably the cause of the people.
APPENDIX.
[The annexed Address, which I find in Lord Metcalfe's handwriting, and
which was written for newspaper publication, embodies in a few sentences
his views on some of the vexed questions of English politics. I do not know
whether it appeared in print. B[it the same opinions were expressed, at
greater length, in a pamphlet written by Metcalfe, nnder the title of " Advice
to Conservatives."]
FBIENDLY ADVICE TO THE WORKING CLASSES.
Friends and Fellow-Countrymbn, — I entreat your at-
tention to some friendly advice from one who has your welfare
at heart, and regards no interest in comparison with the interest
of the country of which you form so large a portion.
You seek to better your condition — a natural and laudable
object. With that view you claim rights which you have not
hitherto possessed. This, also, is perfectly natural and unob-
jectionable, and in time your desire will be realised. But you
listen to men, and adopt them as your leaders, who incite you
to violence and rebellion against the laws — a course which,
whatever might be the immediate result, would inevitably mar
your prospects, and destroy all chance of success.
The effect of violent resistance to the laws must be one of
the following results: Either you would be easily subdued,
which would cast ridicule on your proceedings and stifle your
pretensions, or you would be subdued with difficulty, and after
2l
474 APFEKDIX.
much bloodshed and all the horrors of civil war, which would
crush all your hopes for a long period. Or you would succeed
and overthrow the Government, the consequences of which
would he, first, anarchy, and next, despotism, by which, in-
stead of gaining your object, you would be reduced to dis-
graceful slavery.
Violence on your part, or the appearance of an intention of
violence, must rouse against you all the feelings, good and bad,
of those classes in whose privileges you seek participation.
That they are tenacious of those privikges is no matter for
wonder. It is as natural as that you should de^re to participate
in them. Tliere is, therefore, a predisposition to question your
assumed right; and if you attempt violence you will be sure to
find resistance. The same blood runs in theb veins as in yours,
and the more you display a disposition to violence, ihe more
you will rouse opposition.
Another point for your conaderation is, whether those
things which you professedly seek are worth committing vio-
lence for; that is, whether their natural consequences are such
as in the end, supposing them to be attainable, would justify
violence as the means, if violence could anyhow be justified.
As I am fearful of encroaching too much on the space that can
be afforded in the columns of a newspaper, I defer for another
letter what I would say as to the probable consequences of the
measures which you desire to establish; but, before I conclude,
I must advert to one circumstance, which, in whatever view it
may be taken, shows the utter unfitness of some of those whom
you have accepted as your leaders to guide you in a right path
to the attainment of your wishes.
More than one of them are described as endeavouring to
excite your passions by pretending, or representing, that the Go-
vernment has in contemplation, or is likely to patronise, a plan
for putting to death all the children bom henceforth of poor
persons beyond two or three in a family. If these persons
really btelieved that such a plan could possibly be conceived or
APPENDIX. 475
supported by any Goyemment that could be established in our
country, they must b^ credulous in such a degree as to render
them totally incapable^ from want of judgment, of giving you
good advice. If they used such a method of exciting you to
rage and outrage without believing that such a monstrous design
^as probable, no words can be sufficiently severe to characterise
the wickedness of such conduct. They must, in this case, be
totally unworthy of your attention, from their diabolical mar
lignity.
You aim, I presume, at a modification of the Poor Laws, and
there is no reason to despair of the accomplishment of that
purpose. The perfection of Poor Laws would be to give the
most effectual relief without unnecessary hardship to the desti-
tute, and to afford at the same time the greatest encouragement
to industry and exertion, and no encouragement to idleness.
To make any human institution perfect is difficult and scarcely
possible. Whatever there may be of unnecessary hardship in
the Poor Laws will> you may be sure, be amended; but this may
be prevented by violence on your part, which will strengthen
those who are opposed to any alteration.
You desire, no doubt, the abolition of the Com Laws ; and
those laws, which are contrary to all right principle, must be
speedily abolished, without any violence.
You call for the Ballot. This also, being calculated t6 pro-
mote the independence of voters, is right and reasonable, and
must soon come. Violence will only retard it
You long for Universal Suffrage. This also is a right which
must be acknowledged, whenever it can be exercised with
benefit to the national interests. It is in a fair train of accom-
plishment, notwithstanding the opposition not only of those
who are falsely called Conservatives, but of many also who on
other questions have been Reformers.
I reserve what I have further to say on these and other
subjects for another opportunity. In the mean time, let me
exhort you to proceed with temper and moderation. I do not
476 APPENDIX.
ask you to deost from any of your projects; bat pursae them
withoat violenoe. Let your motto be, ^ Patience and pose*
yerance; order and obedience to the kw&" In this manner
you are likely to obuan aU that you deare, without anarchy
and its oonsequenoei despotism; without reyolution, without
bloodshed. The only certain result of violence is, that what-
ever may be the issue, you must fail of obtaining the objects
for whidi you are exerting yourselves.
GLOSSARY OF INDIAN TERMS.
[The technical Eastern tenns^ often used so frequently in Indian official
papers, are but sparingly scattered over Lord Metcalfe's writings; and the
few which he has employed are for the most part explained; but the fol-
lowing definitions, for which I am chiefly indebted to Professor Wilson's
excellent Vocabulary, may be of use to the European reader.]
Bauteh — ^Biyision of the crops between the cultivator and the landlord,
or Govenunent.
Bajra^A description of grain resembling the millet.
IV^ffiooib— Hereditary officers under the Native Administrations, exercising
chief police and revenue authority over a district, responsible for the pay-
ment of the latter ; holding certain rent-free lands, and receiving certain fees
as the remuneration of the office.
Iktpandeeas-^'EGrediioxj revenue accountants, paid by certain grants of
land.
DusiuJuina'~''Eee3 paid to the officer who issues a writ or serves a warrant.
Jaidee (Jaidady^The system of assigning the revenues of certain lands
for the payment of troops, &c.
lfa/i-*»— Landed proprietors, or cultivators having an hereditary right in
the land.
JTo^hM^vmt— Head men of the village corporations.
Moofuifi^The lowest grade of Native Judges.
Nuzzurana — ^Fees or fines paid on assignments of revenue or succession
to lands or offices.
F(Ueh^'Re»ii men of native villages.
Futioarree9 — CJoparceners, or shareholders in village estates.
P«>^itw«A— Tribute money ; quit-rent in lieu of fixed revenue.
Talftiana^Yees paid to revenue agents.
2 K
c wnrnxo, dbaufort house, straxd.
March 1855.
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Central India. By Major Cunningham. One Volume,
8vo, with Thirty-three Plates, price 30*. cloth.
^ Of the Topet opened in varioua perts of India, none have ]rielded to rich a
harrett of important inibnnation u tboe of Bhilia, opened by Major Cunningham
and Lieut. Maiaejr; and wliich are deacribedy with an abundance of highly curioua
graphic iUuttntions, in thia mott interesting \iook,**~^Examimer»
** The work of Major Cunningham containa much that is ori^nal, and preserres
the results of Tery important inTesdgations;. The Tariety of representations in bas*reliefs
is unusuaUy large. Not only are religious and militsry pageants, ceremonies, and battles,
depicted, but domestic scenes of a highly interestidg duffacter."— ^Aor^nni.
IV.
SCHOOL EXPERIENCES OF A FAG AT A PUBLIC
AND PRIVATE SCHOOL. By George Melly.
Post 8vo. Price ys. cloth.
^ This is a spirited sketch oi the Author's impressions of Harby, or life at a Public
School, as seen from the point of view of a public Schoolman. As giving a vivid
and sinking picture of the brighter side of Public School life — the side it presenOi to
a boy blessed with good spirits aud savoir ftare — the volume before us u well worthy
of public attention. To those who have no personal knowledge of the scenes it
describes, it will give a more lively and iu more correct impression of the Study and
the Playground, than they are likely to receive from^ most books on similar topics.
To old Harbeans the perusal of this volume will be like a visit to the scenes of their
boyhood. The interest of the book is kept up to the end, until the Fag takes leave
of Harby. and we of him, and both with regret.** — Economist.
** There is spirit^ humour, and good feeling in the narrative.**—- Atfitisri/.
** This volume will be read with infinite relish 1 it is a capital description of School
Uk.**^Siimiay Ttma.
THE RUSSO-TURKISH CAMPAIGNS of 1828^:
With an account of the present state of the Eastern
Question. By Col. Chesney, R.A., D.C.L., F.R.S.,
Third Edition. Post 8vo, with Maps. Price I2j. cloth.
'* Colonel Chesney supplies us with fUll information respecring this important
period of European Histoiy, and with an accurate description, from a military point
of view, of the countries which form, at present, the theatre of war.**— ^jroMf «rr.
'< Colonel Chesney*s work is one of great interest, and is the best military account
of these campaigns that we have.** — Daily News.
THE ENGLISH IN WESTERN INDIA i being the
Early History of the Factorv at Surat, of Bombay, &c.
By rHiup Anderson, A.M. 8vo, 6j. cloth.
MOoaint» cnrious, and amusing, this volume describes, from old manuscripts and
obacure books, the life of English merchant in an Indian ^tory. It contains fresh
and amusing gossip, all bearing on events and characters of historical importance.** —
AtJiaiMum,
** A book of permanent value.**— Crv^riitfir.
BOOKS PUBLISHED BY
VII.
THE LAWS OF WAR. Affecting Commerce and
Shipping. By H. Byerley Thomson, Esq., B.A.,
Barrister at Law. Second Edition, greatly enlarged. 8vo.
Price 4J. 6^/., boards.
** Mr. Thomson trtati of the immediate efiecti of wv { of enemies and hosdie
proper^ { of prises and privateers ; of licenses, ransom, recapture, and salvage ; of
neutrality, contraband of war, bloclude, right of search, armed neutralities, ftc., &c.
Such books u thu are essentially necessary to tell us what the laws of nations were,
and what they ar^ likely to become ; and merchants will find Mr. Thomson's book
a great help. It is a Mrell-timed and appropriate publication.**— fcoMauif.
VIII.
A MANUAL OF PRACTICAL THERAPEUTICS;
Considered chiefly with reference to Articles of the
Materia Medica. By Edward John Waring, M.R.C.S.,
H.E.LC.S. One thick Volume, Foolscap 8vo. (755 pp.)
Price I2J. 6i cloth.
** Mr. Waring*s Manual presents in a concise form the in/bnnation which the
medical man requires in order to guide him in prescribing the most soitsble remedies ;
and it will, we think, obtain favour with the medical public, for the extent and use-
fulness of its information, as well as from its filling a gap which has been felt by
many.'*-*I.«Krf.
*' A Teiy useful work, giving, u briefly as posnble, the opinions of the stsndard English
writers, on the Therapeutic employment of each article of the * Materia Medica.* **—
Aiedkp^CbirMrglcMi Rtvuw,
IX.
MODERN GERMAN MUSIC. By Henry F. Chor-
LBY, Esq. Two Volumes, post 8vo. Price 2if,
** Mr. Chorley is a tourist with a purpoae { he trarels u a pilgrim to the shrines
and dwelling places of the art which he lores, and on which he here expatiates. He
takes frith him a power of appreciating all that is noble in art and worthy in the
artist I but his Hero is Mendelssohn, with whom he lived on terms of intimate
knowledge.**— ^imiTtfin. x.
DOINE ; or, the National Son^ and Legends of Roumania.
Translated from the Origmals, with an Introduction,
and Specimens of the Music. By E. C. Grenville
Murray, Esq. One Volume, crown 8vo. Price js. bd.
cloth, or 9J. cloth gilt.
** The Doine are national songs of Roumania, which hare been collected in Wal-
lachia, and are now offered to the public in an elegant English dress. They are
extremely pretty and characteristic \ and no one can glance at them without ieeting a
deep interest in a people who can feel so tenderly and nobly. The Tolume is tsstefiiUy
executed." — jitknunm, xi.
POEMS : By William Bell Scott. . Fcap. 8vo, with
Three Plates. Price 51. cloth.
<* Mr. Scott has poetical feeling, keen obaerration, deep thought, and a command
of language.** — Spectmtor,
<* Poems by a Painter, stamped vrith the impress of a masculine and Tigorout
intellect.**— Guardian,
SMITH, ELDER AND CO.
XII.
BALDER. A Poem. By the Author of " The Roman.*'
Second Edition, with Preface by the Author. One
Volume, crown 8vo, price yj. 6d. cloth.
- ** Balder is the type of intellect en wrapt in itaelf» and losing sight of all other things
either in earth or heaven ; he il aspiration without labour, philosophy without 5uth.
We can believe the boolc to be written as a warning of the terrible issues to which
ungovemed ambition and a selfish pride can conduct t^e most brilliant qualities which
are merely intellectual. Genius is unmistakeably present in erexy page of this strange
book.** — Fraur'i Magatim,
XIII.
THE INSURRECTION IN CHINA. By Dr. YVAN
and M. CALLERY. With a Supplementary Account
of the Most Recent Events. By John Oxenford.
Third Edition^ Enlarged, Post 8vo, with Chinese Map
and Portrait, p. bd.j cloth.
*« A curious book, giving a lucid account of the origin and progress of the civil war
now raging in China, bringing it down to the present dny"-^ Blackwood's Magaame.
** The book can scarcely fsU to find a curious and interested public.*'— ^/^m^timk.
'* An interesting publicationi full of curious and valuable matter.**— £;r4iR/«rr.
XIV.
THE CROSS AND THE DRAGON ; or. The Fortunes
of Christianity in China; with notices of the Secret
Societies of the Chinese. By J. Kesson. One Volume,
post 8vo, price 6i. cloth
*yA painstaking and conscienrious hooic**-' Spectator,
*< A Tery readable outline of the subject.**— ^iM^riMV.
XV
MEMORANDUMS MADE IN IRELAND. By Sir
John Forbes, M.D., Author of ** The Physician's
Holiday." Two Vols., Post 8vo, with Illustrations,
price i/. li. cloth.
•• The book is excellent, and, like all the writings of its author, points to a good
purpose. It is honest, thoughtful, liberal, and kindly. By readers of all grades Dr.
Forbes*s volumes will be read with pleasure.**— £a;tfiii(Mr.
«« A complete handbook of the sister island.**— Aew Sl^tcrlj Review.
XVI.
JUVENILE DELINQUENCY. Two Essays which
obtained the Prizes offered by Lady Noel Byron. By
MicAiAH Hill and C. F. Cornwallis. One Volume,
post 8vo, price 65. cloth.
«* This volume is the best existing manual of the subject. The first Essay may be
said to compass the whole round of the subject, with its statistics presenting a manual
of the sunding fiicti and arguments. The other is remarkable for a rigorous por-
traiture of the general causes of juvenile delinquency 5 and it hu a novelty and force
which throw a new light upon the subject.*'— ^f^rtr.
BOOKS PUBLISHED BY
SSor&s of ittt. Vusfctn.
t.
LECTURES ON ARCHITECTURE and PAINTING.
With 15 Plates. Crown 8vo, price 8/. bd. doth.
*' Mr. Ktiskiii*s Lecturet are eloqiwot, graphic, and impaattoned ; cxponng and
ridiciifing some of the vicfs of oor preteat system of buildiagy and exciting his hearos
br tCrong motives of duty and pleasure to attend to ardiiteccure. His style is tcne,
▼tgofoos, and sparkling, and his book is both animatrd and attnctire.**— Enmaar.
** We concdre it to be impo«ible that any intelligent penons ooold listen to
th« lecturesi honrevar they might difier from the judgments asserted and from
the geneial propositions laid down, without an elevating inflneace and «a sioitd
enthuttasm.*' — Sftctatar.
II.
THE STONES OF VENICE. Now complete, in Three
Volumes imperial 8to, with 53 Steel Plates, and numerous
Woodcuts. Price 5/. 155. W. cloth.
Bscb yohme »uy ht bad ttfttattly^ v/s. —
Vol. I.— the FOUNDATIONS, with ai Plates. Price 1/. w.
Vou 11— THE SEA STORIES, with ao Plates. Price 1/. «,
Vob III. -THE FALL, with la PUtes. Price 1/. iii. td.
''This book is one which, perhaps, no other man could have written, and one fur
which the world ought to be and will be thankful. It is in the highest degree elo-
quent, acute, stimulating to thought, and fertile in suggesdon. It ahows a power of
practical criticion which, when fixed on a definite object, nothing absurd or eril can
withstand \ and a power of appreciation which hu restored treasures of beauty to man-
kind. It will, we are convinced, elevate tsste and intellect, rsiie the tone of moral fieel-
ing, kindle benevolence towards men, and increase the love and fear of God.** — Ttma*
*< The * Stones of Venice* is the production of an earnest, reli^ous, progre»ve^
and informed mind. The author of this ctny on architecture has condensed into it a
poetic apprehension, the fruit of awe of God and delight in nature ; a knowledge,
love, and just estimate of art j a holding fast to fact and repudiation of hearsay ; an
historic breadth, and a fearless challenge of existing social problems} whoae union sre
know not where to find paralleled.**— jjperi«#ar.
211.
EXAMPLES or the ARCHITECTURE of VENICE,
Selected and Drawn to Measurement from the Edifices,
In Parts of Folio Imperial size, each containing Five
Plates, and a short Explanatory Text, price i/. ix. each.
Parts One. to Three are Published. Fifty India Proofs
only are taken on Atlas Folio, price 2/. 2j. each Part.
IV.
ON THE NATURE OF GOTHIC ARCHITEC-
TURE, AND THE TRUE FUNCTIONS OF
THE WORKMAN IN ART. (Reprinted from
Chapter 6, Vol. 2, of "The Stones of Venice.'')
Price 6tf. stitched.
SMITH, ELDSR AND CO.
aStor&s of itU. 3BlttS&fn.
V.
MODERN PAINTERS. Imperial 8vo. Vol. L Fifth
Edition^ lis. doth« Vol. II. Third Edition^ loj. 6d. cloth.
** Mr. Ruakin'fl work will tend the panter more thaa ever to the study of nature ;
will tnin men who haye alwajn been delighted tpectitDri of natorey to be alio atten-
tife obaerven. Our critict will learn to admire, and mere admlren will learn how to
critical I thus a public will be educated." — Blackwood's Magmum.
** A Tery extnordinary and defightful book, full of truth and goodnea, of power and
beauty.** — Nortk Brhisb Rttfirof.
** Ohe of the most remarkable woriu on art which hat appeared In oar time.**«^
Edmbmrgb Revuv,
•ii* The Third Volume is in preparation.
VI.
THE SEVEN LAMPS OF ARCHITECTURE. With
Fourteen Etchings by the Author. Imp. 8vo, i/. is. cloth.
MBy the * Seven I«ampt of Architecture,* we underrtand Mr. Ruakin to mean
the seven fundamental and cardinal laws, the observance of and obedience to which
are indispensable to the architect who would deserve the name. Xhe politician, the
monlist, the divine, ^11 find in it ample store of instructive matter, as well as the
artist.** — Examitur,
VII.
THE OPENING OF THE CRYSTAL PALACE:
Considered in some of its relations to the Prospects of
Art. 8vo. Price is. sewed.
** An earnest and eloquent appeal for the preservation of the ancient monuments of
Gothic architecture.**-— ^fff/ifil CAurehmam,
VIII.
PRE-RAPHAELITISM. 8vo., 2/. sewed.
'< We wiah that this pamphlet might be largely read by our art«patn>ns, and
stodied by our art-critics. There is much to be collected from it which is veiy import-
ant to remember.**— (riMiri/M«.
IX.
THE KING OF THE GOLDEN RIVER; or, The
Black Brothers. With 22 Illustrations by Richard
Doyle. 2x. 6d.
** This little fuxy tale is by a master hand. The story has a charming moral, and
the writing is so'excellent, that it would be hard to say which it will pre most plea-
sure to, the very wise man or the Texy ample child.**— ^jraaincr.
X.
NOTES ON THE CONSTRUCTION OF SHEEP-
FOLDS. 8vo., ij.
BOOlU PUBLISHED BY
SBociis Of ^t. ^IwcfceniB.
I.
THE ROSE AND THE RING; Or, the History of Prince
Gidio and Prince Bulbo. By Mr. M. A. Titi«arsh.
With 58 Cuts drawn hj the Author. 3rd Edit. Price 5/.
* Let sU aeeken after the intdctt aad mart wonderful cxtnvacaoce — ell lovcn ai
uacompnMDiiiBg holiday Auit tcjoice over the Chiktmai book fwniihed this yew by
Mr. Thackcrtv. It is a moit homoroat and pleasant little book, and iUnatcated fay
the author vritn a prolusion of comical pictaresy which nobody ooold have done so
well.**— &r«auMr.
^ We have not nftt with so (ood a Faiiy Tale since Mr. Raskin's ; that was
seriooslT, thisis comicallyt poeticalt with no lack of quiet satire. It b a most senabk
piece of nonsense — a thorooghly li^t-heaited and lively Christmas book Ibr hoys and
giris, old and young.** — Atbtm4rmmm
** A book of broad fun, with here and there sly strokes of satire. The wisdom that
breathes from its pages is the wisdom that sounds in a hearty laugh.**— ^pectcier,
II.
LECTURES ON THE ENGLISH HUMOURISTS OF
THE i8th century. B7 W. M. Thackbray,
Esq., Author of " Vanity Fair/' " The Newcomcs," &c.
Second Edition. Crown 8vo, price loj. &/., doth.
'*To those who attended the lecturesy the book tnll be a plessant reminiscence, to
others an excidng novelty. The style^dear, idionutic, forcible, fiuniliar, but, never
slovenly ; the searching strokes of sarcasm orirony ; the occasiofial flashes of generous
scorn ; the touches of pathos, pit)*, and tenderness ; the morality tempered but never
weakened by experience and sympathy $ the felicitous phrases, die striking anecdotes,
the pavages of wise, practical reflection j all these lose much less than we could have
expected from the absence of the voice, manner, and look of the lecturer.**— Sftcuttr,
** What fine things the lectures contain I What eloquent and subtle sayings what
wise and earnest writing ! How delightful are their turns of humour ; with what a
touching eflfect, in the graver passages, the genuine feeling of the man comes out ; and
how vividly the thoughts are pmmted, as it were, in graphic and characteristic words.**
^Ejtsmhter HI,
ESMOND. By W. M. Thackeray, Esq. Second Edition,
3 Vols., crown 8vo, reduced to 151. cloth«
'* Mr. Thackeray has selected for hb hero a very noble type of the cavalier soften-
ing into the man of the eighteenth century, and for his heroine one of the sweetest
women that ever breathed from canvas or from book, since Rafl&elle painted and
Shakepeare wrote. The style is manly, clear, terse, and vigorous, reflecting every
mood — pathetic, grave, or sircasdc — of the writer.** — Spectrntw,
** In quiet ricnness, * Esmond * mainly resembles the old writers ; as it does also in
weight of thought, sincerity of purpose, and poetry of the heart and brain.** — Fraser^i
Magatine. ly,
THE KICKLEBURYS ON THE RHINE. By Mr.
M. A. TiTMARSH. With 15 Cuts. Third Edition.
Price 5/. plain, and ys, td. coloured.
A PORTRAIT OF W. M. THACKERAY, Esq.
Engraved by Francis HoU, from a Drawing by Samuel
Laurence. India Proofs, 2/. 2x. ; Prints, iL is.
8MITH, ELDER AND CO.
SRotiis of (Sumr a3eU.
I.
VILLETTE. Bv CURRER BELL, Author of "Jane
Eyre," " Shirley," &c. In Three Volumes, post 8vo,
reduced to ly, cloth*
** This book would hare made Currer Bell ftmous had the not been already. It
retrieTet all the ground she lost in * Shirley,* and it will engage a wider circle of readers
than * Jane Eyre,* for it has all the best qualities of that remarluble book. There is
throughout a charm of freshness which is infinitely delightful : freshness in observa-
tion, freshnefls in feeling, freshness in cxpression.**<— L(Vtfr«ry Gautte,
*' lliis novel amply sustains the fame of the author of * Jane Eyre* and * Shirley '
as an original and powerful writer. * Villette * is a most admirably written' novel,
everywhere original, everywhere shrewd, and at heart everywhere kindly.**— £jr<Mi/ii^.
** The tile is one of the aflTecdons, and remarkable as a picture of manners. A
burning heart glows throughout it, and one brilliantly distinct character keeps it
alive.** — Atbeiunm*
II.
SHIRLEY ; a Tale. By Currer Bell. A new Edition.
Crown 8vo, 6s, cloth.
" The peculiar power which was so greatly admired in ' Jane Eyre * is not absent
from this book. It possesses deep interest, and an irresistible grasp of reality. There
is a vividness and distinctness of conception in it quite marvellous. The power of
graphic delineation and exprenion is intense. There are scenes which, for strength
and delicacy of emotion, are not transcended in the range of English Action,** -^Examiner.
** * Shirley * is an admirable book ; genuine English in the independence and up*
rightness of the tone of thought, in the purity of heart and feeling which pervade it,
in the masculine vigour of iti conception of character.** — Morning Cbronkle.
« < Shirley * is very clever. I'he faculty of graphic description, strong imagination,
fervid and masculine diction, analytic skill, all are visible. Gems of rare thought and
glorious passion shine here and there throughout the volumes.**— T/otm.
III.
JANE EYRE; an Autobiography. By Currer Bell.
Fourth Edition. Crown 8vo, of. cloth.
'* * Jane Eyre * is a remarkable production. Freshness and originality, truth and
passion, singular felicity in the description of natural scenery, and in the analyzation
of human thought, enable this tale to stand boldly out from the mats, and to assume
its own place in the bright field of romantic literature. We could not bik be struck
with the raciness and ability of the work, by the independent sway of a thoroughly
original and unworn ,pen, by the masculine current of noble thoughts, and the un-
flinching disse.tion of the dark yet truthful character.** »T/mM.
IV.
WUTHERING HEIGHTS and AGNES GREY. By
Ellis and Acton Bell. With a Selection of their Literary Re-
mains, and a Biographical Notice of both Authors, by Cueeee Bell.
Crown Svo, 6/. clotn.
V.
POEMS.- By Currer, Ellis, and Acton Bbll. 41. cloth.
lO BOOKS PUBI.ISHEO BT
gnu OftoBnnf 's ;f bttoiis.
I.
NANETTE AND HER LOVERS. By Talbot
GwYNNE, Author of " TTie School for Fathers/' «* Silas
Barnstarke/' &c. One Vol. crown 8vo, reduced to
5x. doth.
** We do MC remember to have met with to perfect • work of Ixtemj art as
* Nanetfie * for many a loaf day { or one in which ereiy chanfftrr is so thorooghly
worked out in so ihort a spacci and the interest concentrated with so much efiect and
Cruthfiilnesk** — Britmms.
** It would be dilBciilt to sappose a man plcanng sketch, or a more Interestiag
heroine than Nanette.**— >&«.
** In Nanette*s limplc faith, affectionate nataie, and honot^ earnest conduct^ there
IS a very ttriking and pieaainf delineation of character.** ^Litermy Gmtm,
U*
THE LIFE AND DEATH OF SILAS BARNSTARKE.
By Talbot Gwynnb. One Volume, crown 8vo.,
reduced to 5/. cloth.
** The gradaal growth of the lin of coTetoosnest, iti temporary diitarhance by the
admixture of a softer paoioOy and the pangs of remone, are portrayed with high
drsDutic eficct, reiembUng in some scenes the gigantic majocy of ancient Tragedy.**-*
John BuU,
** Aitory poswsang an interest so tenadoos that no one who ^commences h will
easily leave the penital unfinished.**— Sirtfud^i/.
*< A book of high aim and unquestionable power,**— JEitfiuMr.
III»
THE SCHOOL FOR FATHERS; An Old English Story.
By T. GwYNNE. Crown 8vo. Reduced to 5/. doth.
** The pleasantest tale we have read for many a day. It is a stoiy of the TatUr
and Sfectmtor days, and is veiy fidy associated with that time of good English literature
by its msnly fceUng, direct, unamcted manner of writing, and nicely managed, weU-
tumed narrative. The descriptions are excellent ; some of' the country painting
is as fresh as a landscape by Gonstsble, or an idyl by Alfred Tennyson.** ->.£twv/jwr.
** 'The School for Fathers * is at once highly amusing and deeply iafeeiesting^faU
of that genuine humour which is half pathos — and written with a freshness of feel-
ing and redness of style which entitle it to be called a tsle in the ykar pflFduJuld
school.**«-Srir«mM.
IV.
THE SCHOOL FOR DREAMERS. By T. Gwynne.
Crown 8vo. Reduced to 5^. cloth.
** The master-limner of the follies of mankind, the author of * The School for
Fathers,* hu produced another tale abounding with traioi of exquisite humour and
sallies of sparkling ^nt^^Jobn BulL
<* A story which inculcates a sound and sensible moral in a manner nqoally delight-
ful and effective.**— JlfanKimr Pwt,
** A powerfully and skilmlly written book, intended to show the mischief and
danger of following imagination instead of judgment in the practical busincas of life.**
— 'Lifertf 17 Oatutte,
SMITH, ELDER AND CO. It
■■■■■' ■ - 11 1 — ■ 'I— ■ _ lip. ■ , .
COUNTERPARTS 5 or, THE CROSS OF LOVE.
By the Author of " Charles Auchester." Three
VoIiHnes, post 8vo. Reduced to 15;. cloth.
*' 'Two fbnnt that differ, in order to correspond j* this is the' true sense of the
word ' Counterpart.* This text of Coleridge introduces ns to the work,— foretelling its
depth ot purpose and grandeur of design. The feelings of the heart, the acknow-
ledged subject of romance, are here analysed as well as chronicled/*— &».
<< There are, in this novel, animated and clever conversations, sparkling descrip.
tioiis, and a general appreciation of the beautiful in nature and art— especially the sea
and music.**— Cr/o^.
*< We can promise the reader an abundantly pleaang and intellectual repast. The
incidents of the story are numerous and remarkable, and some of them are distin-
guished by a rare tinptalatf^' ^Morning Advertiter,
«< Counterparts * is superior to * Charles Auchetter' in style and matter.**—
Uterary Gazette.
II.
MAUDE TALBOT. B7 Holme Lee. Three Volumes,
post 8vo. Reduced to 151. cloth.
** A well-wrought and really admirable work of fiction, of a solid and very thought-
ful kind. Great skill is shown in the development of character \ the persons of
the tale are very distinct and real." — Examtmer.
* Maude Talbot* must takt rank as a superior novel \ and it will excite and reward
attention.*'— ilr^^arw.
III.
AMBROSE : THE SCULPTOR. An Autobiography of
Artist-Life. By Mrs. Robert Cartwright, Author of
« Christabelle," &c. Two Vols., Post 8vo.
*' This novel is written in a very earnest spirit, and its matter is interesting.**—
Sjtamner,
** There are well-conceived characten and striking incidents in Mrs. Cartwright*s
, ta\t.^—Litertary Gaaette.
** An impassioned novel.*'— ^^<r»«.
I THE HEIR OF VALLIS.' By William Mathews,
j Esq. Three Volumes, post 8vo.
f '* The * Heir of Yallis* must win for itself an exalted niche among the novels of
I the year. The writing is clear and forcible, the characters are worked out with
I power and distinctness, and the plot is elaborated without detracting from iti effect.**
I — BritoMHta,
AVILLION, AND OTHER TALES. By the Author of
"Olive," "The Head of the Family," &c. Three
Volumes, post 8vo.
** * AviUion* is a beautiful and fimcifiil ttory ; and the rest make agreeable reading.
There is not one of them unquickened by true feeling, exquisite taste, and a pure and
vivid imaginatiott.**-^£jrtfmfir<r.
*' These volumes form altogether as pleasant and fanciful a miscellany as has ofken
been given to the public in these latter days.** — Atktnaum,
11 BOOKS PUBLISHED BY
«Korto Of i»lr. l^isli f^unt
1.
THE AUTOBIOGRAPHY OF LEIGH HUNT: with
Reminiscences of Friends and Contemporaries. 3 vols,
post 8vO| I5X. doth.
^'TbcteTolttmciconCaiii a pmanal recollectioii of the fitenture and poCticH ai
wttl at lome of the moat remarkable litcnuy men and poUticiaai, of the lait fi/ty
II.
MEN, WOMEN, AND BOOKS. 2 voU. post 8yo, with
Portrait, I ox. cloth.
** A book for a parlour-window^for a aoiDmer*t eve, lor a warm firende, for a half>
hour*! leuurcy for a whole day*8 luxniy | in any and erety poaible shape a cfaamuBg
companion/'— M'biMMsrcr Rtvina.
III.
IMAGINATION AND FANCY. 51. doth.
** The Tery e«ence of the tanniett qualitiei of the Englbh poctk** — jitUt,
WIT AND HUMOUR. 5/. cloth.
'* A book at once exhiluadng and suggettiTe.'*— .^/AeunoB,
A JAR OF HONEY FROM MOUNT HYBLA. 5*.
TABLE TALK. 3/. 6i doth.
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