This picture, Mr. Editor, is not over painted, four inability or unwillingness to converse in nor do I mean that it should include all the Civil Servants, for I am well aware that Go vernment had and have very honourable, up right servants, who have preserved their in dependence is their decisions, from the inter ference and pursuasions of their corrupt Umlabs; and by such impartial conduct they have done honor to their country, justice to their fellow-creatures, and credit to the service to which they belong. Your obedient servant, Calcutta Nov. 17. 1837 SCOPAS. their vernacular language, and ascribing it to our inability to understand their wants, betake themselves to other resources to gain their ends. For instance, in almost every case in a Court you will see the party plead to the Omlah and not to the presiding Officer. Further, there are many cases connected with information touching the Police, in which a Native would give the fullest and perhaps most important information viva voce with the Magistrate, instead of which the Magistrate is obliged or inclined to call on a third party, most probably one of his Omlah, perhaps a man deeply implicated in the informant's information and, of course, the valuable intelligence is checked, and a thousand useful hints concealed and lost for ever. To The Editor of the Bengal Hurkaru. SIR, We hear of wars and rumours of wars, and Police Committees and rumours of of any Police? Again, a really injured person Will not this state of things ruin the fabric Police Committees for the amelioration of the would frequently tell a plain, unvarnished said Police. En verité both the Police and Cri- tale face to face to the Magistrate, but that minal Justice require amendment. On Mrs. he perceives the Magistrate does not colloGlass's principle of "first catch your hare," it would seem the reformation of the Police is quize in his vernacular and appeals to his Ömlah for an interpretation; he then supposto be the primary object and indeed chiefly Hoc fonte derivata clades. In patriam populum-case and only decides by his Omlah's word; es that the Magistrate does not understand his que fluxit, &c. The defects that most prominently exhibit themselves in the present system, and require the application of speedy remedy are- the innate leaven of a native's wickedness is sorely tempted; he cannot resist the temptation of making his case more aggravated than it really is, for the hope of filthy lucre, or the gratification of private revenge, and he argues will give him a more favourable order to his that a nuzzur to Baboo Rampersad Peshkar case than the case deserves. The Magistrate sees through the falsity, and supposing the 1. The inaccessibility of the Magistrate. 2. The want of sufficient authority in the office to procure respect for the office. 3. The frequent changes of officers. 4. The want of encouragement given to the whole evidence false, entirely dismisses the common Police chokeedars. case-and a really injured man obtains no 5. The absence of a Superintendent Offi- the other party receive a disproportionably justice. Suppose the Magistrate does not, cer between the Darogahs and the Magistrate. severe punishment to the offence really com6. The want of circumspection in appoint-mitted. In the mean time Baboo Rampersad ing Darogahs to Thannahs in which the Ze- Peshkar flourishes. In the former case be mindar or Zemindars are related to the Da-assures the other party that his influence rogah. alone has saved him; in the latter the complainant is satisfied that the Pesbkar's sic Firstly. The inaccessibility of the Magis-sic volo jubeo is the one thing needful, anda trate, is mainly owing to the inability of most dreadful warning is exhibited to the other deof those Officers to converse with the Native fendants unwilling to bribe this omnipotent in his vernacular tongue. I am fully aware Minister. Is not this state of things a disgrace and maintain, that the decisions of our Judici- to any Criminal Justice? It is a mistake sayal Officers are generally correct; but the ining that native officers have not sufficient pay ability or unwillingness in some to carry on a colloquy in the vernacular tongue, prevents the generality of Natives seeking an interview with their proper guardian the Magis trate, and thus prevents their placing that secure confidence, their having that perfect knowledge that the Magistrate takes a lively interest in the people committed to his charge", their forming that idea, that his earnest wish is "Ut redeat miseris, abeat for tuna superbis," which is the main spring of an efficient Magistracy, the safest check on a corrupt Police, and the surest prometer of a pare administration of Justice in all its branches, and the consequent happiness of the millions over whom that administration 'is extended. On the contrary, the Natives see to find their daily bread except by corruption. A Peshkar's pay is 50 Rs. a month. Do no honest Clerks in England live on 60£ a year and is it not notorious that a native can live much easier on 50 Rs. a month in his own country than a European on 60£ a year in England? If the innate vice is to be eradicated, the guilty should be subject to grievous punishment for, and not encouraged to, the vice; for in those cases increase of pay is only encouragement, and it is most true Crescit amor nummi quantùm ipsa pecunia crescit. A passage in Lady Blessington's Repealers appears so apt to the estate of Criminal Justice here, that I cannot omit quoting it. For landlord read Zumindar, for Ireland read India, and the picture is complete, It is this: "She, in common with all the persons of rates him for his still continuing disgraceful her own class in Ireland, entertained an im- apathy. If on the contrary in obedience to pliet belief that Interest not Justice was the the Commissioner's remarks he punishes best thing to be sought, or rather that the crime with marked severity, and the cases are latter could only be obtained by the former. appealed to the Court of Appeal, i. e. the SesA disrespect for the laws has long been pre-sion Judge's, censure is passed for cruelty, valent in Ireland, and has led to the certain savageness, &c., &c., and the order reversed. and injurious effect of a scepticism in justice. The Honorable Nizamut Adawlut see the numA criminal entertains a strong hope that the ber of Appeals "Modified or Reversed," and interest of his landlord, or some one else, forward the unfortunate Magistrate to the whose interest can be obtained, will save him Honorable Court of Directors, with very little from the merited punishment of his enemies, of the sweet tribute of their praise. Of course and the innocent, though conscious of his free-his zeal in the service of the Honorable Court dom from the guilt imputed to him, is afraid increases amazingly. he will suffer, for sure he has got no interest to get him out of his trouble. The demora- 2. Suppose the Magistrate proposes to lizing effect of such a state of things is best carry any project into effect, thinking it for proved by the actual condition of Ireland, the benefit of his district, the proposal is met where law and justice are supposed to depend with a "regret that the exigencies of the on power and interest. This is the way of government and the state of the finances do reasoning and thinking of the lower classes, not justify the outlay;" but should any acand until they are taught to respect the laws, and look with confidence for justice, there is little hope or prospect of their amendment." cidental uproar happen in his district, and But let the colloquial vernacular be a sine qua non for a good Police Magistrate, let his temper and habits enc urage a free though 3. A Magistrate turns out a darogah for dignified communication with all classes; the the besetting sin of dishonesty. He appeals abovementioned abuses will not be practised to the Commissioner; the order is confirmed, by the Omlah appointments and rewards will he then has another chance and takes his not rest with them; the Magistrate will be the record of the case as a matter of criminal real and true dispenser of happiness, the justice to the Session Judge, the appellant real and true head of his office the BaluperTao is reinstated, (mark, the particular record μεγα σθενος - Ωκεανοω εξουπερ παντες πο only bears on its face one gross act, while perhaps the Magistrate having watched other ταμοι και πασα θαλασσα και Tаσαι кonνaι numerous petty transgressions, too numerous και φλεσσα μακρα ναουσαν. to detail in his record, had ejected him on the gross balance of wickedness against him) and he has to trust to those whom he knows to be utterly untrustworthy. Secondly. The went of sufficient authority in the officer, to procure respectability for the office, is not meant to imply, that a Magistrate should have the power of inflicting a severer extent of punishment than the Regulations in 4. A Magistrate being so over-worked and force at present allow it, means that he should under-assisted frequently is obliged to intrust not be suffered, in the words quoted in the long and important local enquiries to Native Friend of India, from opinions of Lord Omlah, in most of whom common prudence Brougham" 1, to be responsible for measures ther, the office when conjointly Collector and forbids reposing the last confidence. Furwhich others control perchance continue; 2, to be chargeable with leaving undone things Magistrate, that double functionary-that which he ought to have done, and had all the Janus biformis, and I will add monstrum horrendesire to do without power of doing; 3, to dum, informe, ingens, cu lumen ademptum (for ho be compelled to trust to those whom he knews perfectly blind as to his Magistracy, transto be utterly untrust-worthy; and 4, on the erring that low part of his work to his Joint most momentous occasions, involving the in Magistrate) only cares for the good counteterest of milions, implicitly to confide innance of his revenue superior, good revenue officers being generally supposed for some quarters where common prudence forbad rereason to make the best Civil and Session fusing a common confidence." In exemplifi- Judges; he condescends to take up any case cation of the above, likely to beget the thanks of the Court of Di 1. The Magistrate should not be held res-rectors, but he is too much occupied in khas, ponsible for the general state of the district to think of Police Management, satisfying when he is obliged to serve two masters, a his conscience on the score of the prosperity Session Judge and a Commissioner of Circuit; of his district, if the crops promise good, easy, when with reference to one and the same of unoppressive collections; and presuming, his monthly reports, the one may inform him though not taking any trouble to discover, that the statements prove satisfactory and the that in this state of things there will be 15 other that the district is in a state bordering annas of happiness and one of crime in his on anarchy !!! If in conformity to the tenor territory, and the Natives have about as much of the Sessions Judge's opinion on the preced-regard for the Joint Magistrate's Police as the ing month, he allows the state of things to Collector. Where the Officers are separate again prove satisfactory, the Commissioner and the easy Collectorate far better paid than the any fool-will-do-for-Magistracy, the Ma | India, is not at so low an ebb that it cannot be gistrate's object becomes to swell his files with attained at all. If, as he affirms, Civilians are concretions, to get through as many cases a often obliged to support the veracity of their month as possible, consistent with equity and protegés, at the expence of justice and congood conscience, that he may thereby attract science, will the natives, litigious as they are the notice of Government, gain promotion to by nature, and shrewd as to their own interests, extra salary and a Collectorate, or, perhaps, suffer themselves to be under the thumb of a should he have the wit to forward very speci-sircar? ous annual statements to the joyous Sybaritism of a Salt Agency. Thus the Magistrate himBut SCOPAS's argument is, that the extrava. self feels (without wishing for aught but equa gancies of Civilians bringing them into the lity) his inferiority to the Collector. The Power of natives, is the cause of all the Mofusobservant natives imagining authority and sil injustice. Why those appointed by the salary to go hand in hand, look up to the Col-Court are more liable than others, he does not lector and pityingly down on the Magistrate; attempt to prove, nor does he pretend to offer a his power and his Police without respect, remedy for the unfortunate fellow subjects, whom authority encouragement, thanks or pay, a miracle alone can place in the power of any magistrate the means of preserving his district Yours faithfully, EXPERTIS CREDE, in a creditable state. Hurk. Nov. 22.] he pities so much. Permit me to do the lat in coolie's costume every day to his office, if he ter for him, Mr. Editor. Let him pad the hoof have one, if not, through the streets of Calcutta, with the addition of a board inscribed, a lesson to the Civil Service. Let him drink his water from a lota, eat his rice from a brass chilumchee, use the ground as his chair or sofa, ditto for his table, a charpoy for his bed (N. B. no To the Editor of the Bengal Harkaru. musquito curtains)and then let him employ all DEAR SIR,-It is without doubt a much ea the wealth so saved in the noble service of sier employment to cut a hole in your neigh-arresting all the horsedealers, buggy manufacbour's coat, than to mend one when it has turers, jewellers, "et hoc genus omne" as accesbeen made, and your correspondent SCOPAS sories before the act in the crime of defrauding seems to have much, doubtless to his own sa- the black population of justice. Let the illustisfaction, been engaged in the former lauda- trious Tom Peters, be then arrested in one of his ble employment by his attack upon the Civil morning equestrations, as a chief accessory in Service in general. It is rather difficult to as- having pointed out a good nag or two to extravacertain the real end of his argument, but from gant young gentleman in college. Let Pittar, the second paragraph he appears to endeavour Lattey and Co. no longer loll in their buggy on to shew the impropriety of appointments be- the course with luxurious elegance, but be iming given away according to the present sys-mediately called upon to answer for their deeds. tem. He commences by stating, that it is not In short, let every shop keeper who has been pohis intention to condemn the present incum-lite enough to consult his own interests, by sellbents of the Civil Service, but simply to shewing articles to any Civil Servants but those the corrupt state of the Mofussil Courts. Now, with large salaries, be severely punished as aidto my mind, Mr. Editor, if he is fully convincers and abettors in the crime of preventing the ed that the enormities he mentions exist, it administration of justice; and when this scheme, must be impossible for him not to condemn plausible as it must appear to all candid readers, men capable of such shameful injustice; but is put in execution, let us see whether Civilians allow me to ask him, supposing the existence will not rise in a body to reward one who has of such abuses, whether, if the patronage of the Civil Service were thrown into his hands, there would not he as much chance of one of his protegés being dazzled with the equipages of their fellow officers as any of those appoint ed by the court. If so, pray how can this argu ment assist the impugnment of appointments according to the present system. Moreover, Mr. Editor, he seems to forget that many of the dazzling luxuries, and dazzling doubtless they do appear at first, become in this country ne- To the Editor of the Bengal Hurkaru, cessaries. It sounds well in theory to condemn the luxuries of a buggy or a horse, but I doubt SIR,-The frequent change of officers is a if even Mr. SCOPAS would approve of it in pracare county Magistrates in England selected? very serious evil. For what reasons chiefly tice. That there may have been one or two instances in which Civil Servants have, to a certain extent, been in the power of natives, is very possible, but to such an extent hardly so, for your correspondent seems to forget, that should such a state exist, there is such a thing as a higher court, to which every servant is amena ble, and surely the administration of justice in their interests so warmly at heart. SCOPAS speaks of loans of 50,000 rs.; pray can he inform us where they are to be picked up now a days? and if they are not, why attack an abuse which experience is rapidly driving out of the country. Should these randon notes meet with approbation, their insertion will oblige Hurk. Dec. 2.] CIVILIS. For continual and long residence, for consequent knowledge of the habits and characters of the community under their jurisdiction, and thus for justly supposed greater facility in their power in the prevention, investigation and correction of crime, whilst, forsooth, in this country, where the jurisdictions are dou. bly,trebly the size and extent, where the population is so very far more numerous, and where their widely differing manner and religion, greatest inconveniences to the natives, and the render the discovery of their characters so most serious obstacle to a happy reformation much more difficult; and where especially in our judicial administration. Further, a more than in Europe a knowledge of characsiubordinate may wish to second his superior's ters of well-disposed and ill disposed land- efforts in every way, may study his principles holders is a much more important, useful and and general practice) for that purpose, may facile engine of Police. Wisdom is supposed to hope to be able to apply them equally to the consist in a multitude of counsellers, and the benefit of the people, should he be deputed succession of half a dozen fidgetty, juvenile into the interior for any specific purpose. magistrates in a dozen months, the acme of sound policy. By such changes what facilities are offered for darogahs on the point of being turned out by the preceding magistrate, to continue their unwholesome practices under the reign of his successor; should he be again on the brink of ejectment, a third magistrate comes and saves him, and so on; and during each short period "Momento turburis," the succeeding magisrotundis," and the whole fabric is thrown out of trate appears. “Diruit adificat, mutat quadrata all symmetry and proportion. From the highest to the lowest all have to change their systems; and every native supposes that Europeans, never know their own minds. It is hardly necessary to mention the importance of a thorough intimacy with the locale to perfect a "How doth the little busy be improve each shining hour, thercock state of affairs, no one imagines it Police Magistrate; but in the present wheAnd gather honey all the day from every opening flower." worth his while to acquire that knowledge or study the historiettes furnished by his records; And when even "equity and good con fully aware that the chances are ten to one, science" can no longer wink at the darogah's that he will be forwarded to the borders of offences, he retires with a well filled purse to try Assam, to superintend a score of Regulation the same game under the same circumstances IX. Deputy Collectors, before he has an in some distant district. Again, one o fthe chief opportunity of seeing the same householder traits of a good magistracy is, after a long and in his own land a second time. Many officers patient watching of the peculiar features of will own, that a Magistrate intimate with, and of his districts, and his people, to mature safe kind to respectable Zumeendars, face to face plans and judicious rules of practice, for the without omlah and the pomp of office, may do administration of his duties. I will appeal to more in one half hour for the happiness of the Government Gazette to prove how few have the inhabitants, than another by a year's atten the opportunity of remaining long enough to dance in Cutcherie from 10 to 6 with shawled perform the first half; and the few that suc-omlah and brazen chupprassies In proof of ceed in that, seldom remain to see the opera-this, look to the highly creditable state of some tions based on that investigation matured; of the former Judgships and Magistracies, and even those that see them in play, seldom where the offices where held by officers of the are allowed to be gratified with the sight of above description and habits. the beneficial results thereof. One magistrate takes a tour in the interior one cold season 4. Proper encouragement given to the comto visit, to take an interest in, and become mon Police chokeedars, should be one of the acquainted with the people, hoping to see the happy result the next season, before which he is whipped off to another office, and his successor may only visit the district in the cold season for shikar; and it may so happen with a careless man, only to the benefit of his ele phants, who eat the inhabitants' rice, and his chupprassees, who swindle (mark the distinction! Burkundazes loot) the remnant of the money they may have for the purchase of daily bread, to substitute in the place of that which they, poor, ignorant creatures, verily suppose has been abstracted by the sahib's order. Naturally enough, when they see their rice in the elephant or mahout's maw, and they see no symptoms of orders for its restoration by the sahib-they have never seen that same sahib before, he has never taken any interest in their affairs-they have no confidence in this stranger; whereas the former officer would have renewed his acquaintance, I may say frendship; his kindness would win their confidence; they would not only prefer their complints, but in return for a kind hearing, would afford him useful assistance in reorganizing a district and establishing his own fair fame. It is this butheekaun coupled with the tubdell mujaz of the sahiblok, that is one of the first measures of the proposed reformation. They are considered, and perhaps justly, in their present state, the most useless arm of the Police. They are nominally paid; should they come to the Sudder Station to complain they are reported absent. The case of the petitioner remains on the Magistrate's file, that of the neglect of duty is handed over to the assistant, who may, without understand. ing the merits of the case, order the poor wretch to receive 30 strokes of rattans. Should he understand it, the darogah instils a wholesome fear by his influence over them into the subordinate Police Guards of the same village, and forces them, if loath themselves, to give testimony tending to convict of wilful neglect of duty. Some one asks what object the darogah can have in such wanton villany? The answer is simply this; he thinks thereby his own activity will be presumed, and in both cases the hapless chokeedar receives unmerited punishment. Happily the rattan is abolished; the power should never have been allowed to any assistant to order it, but at the same time a great check would have been reserved for the prevention of burglaries, perjury and heinous offences of that nature, should it be allowed to be inflicted in those. The chokeedars are the first and most impor-Magistrate's cutcheree, losing his pay and tant witnesses in many of the most heinous having to provide himself with food at one offences against the laws, and the most satis | spot and is family at another 70 miles off? and factory clues might be obtained through their the result is, that the order is passed that the being on the spot; but being thus the very villagers should no longer withhold the pay; best evidence, they are the first for the pri- but who sees that order executed; and soners to gain over to give false evidence in who thinks about the subject again? their favor, and unpaid, unprotected, un- Let one half of the far too numerous pykes rewarded, liable to be wounded without com and sirdars, et hoc genus omne lands, be pensation, to be punished without guilt, it is restored to the Zumeendar ; (there is wonderful that they prefer dishonesty with not so much harshness in the measure, profit and ease to honesty without either; for the Zumeendar always smuggles away that they prefer conniving at theft, &c.; when the best portions of the Jagheer of each) they may do it with safety nay protection; let the other half, which it is perhaps neceswhen, should they be recusant, they would be sary should be maintained, be maintained. I persecuted for their integrity by the other say perhaps, for they are sometimes expected party, and unprotected by their natural by the Collector's officers to be actively emguardian the Magistrate? Again, in cities, ployed in performing the duty of a tax-gatherin large military bazars, affrays frequently [er all day, and by the Magistrate of a vigilant occur, which could be instantaneously check Police Officer all night. That they cannot do ed, were the chowkeedaree system put on a both is very certain, and thus the utility of better footing; were they encouraged to half is dubious. Let the Zumeendars, as a cherish the amour propre,” to be instructed return for these lands, be forced to pay a ruconfidently that they would as surely pee a month for the chokeedar in a village of be recorded for honorable, courageous fifty houses, two for a village of one hundred, behaviour as they would be severely punished and so on. Let an additional two rupees be for the countrary. Instead of this, they are added by the villagers each month. Let the under an impression perfectly the reverse, and Zumecudars pay in the sum due from them, no one seems to have an inclination to remove every year to the Magistrate, and the villagers that impression, and of course they always through the mandul of the village every act in conformity to it. A word ament sepoy month. The Magistrate shall credit these affrays. A thannah and a gang of sepoys in sums to Government in his accounts, and the a city, in contact, is an unpleasant affair chokeedars shall be paid every month similarSuch an accident is reported to the Magisly to the burkundazes in a chalan to the Thantrate, by him to the Colonel, by the Colonel, to the Adjutant, the Adjutant writes back saying, that the roll was called and none of the corps were found absent. The unhappy darogah is abused while the whole secret is this. The men were out in the city, and the roll was called; but "est modus in rebus" the fact is, the Serjeant goes round, pops his head into the hut, and every gruff voice that answers to the call, is recorded as a proof of the owner of the huts being in presence within; while, forsooth, it is most probable that of some of his numerous up country brethen, "his monstrous rout" of ragamullin bhaee bunds, while he himself is in the thickest of the frays. Vain are witnesses oaths. Quidquid vota precesy valent? nah, in which they are situated, and receipts given in the same way. Some one exclaims, this is allowing darogals to receive the whole and still further oppress them. No such thing: when dares a darogah do so to a burkundauz? and when the chookedars see protection extended to them in an equal scale to other Police Officers, and themselves raised to a level with the others, they will gain equal independence, will equally assert their own rights, and prove equally useful. Further, let the Magistrates, when passing orders in the sudder station respecting chokeedars, always fully explain the reasons and principles of the orders. In the present state a Police officer is sent in, but why such and such an order is passed is quite Hebrew to him, and the either for his information or guidance; and order does not prove (which it ought to do) let the Magistrate in their Mofussil inspection cherish this class, fully represent to them their duties, and the certainty of reward for good, and punishment for bad conduct. Let him shew them that he looks to them for assistance, not down upon as the scum of his office. The poor, unhappy chokeedars having been the first informants, are supposed to have been the first originators of a false complaint, and trounced accordingly. Truly vast encourage ment to a city chokedar to shew a courage ous spirit, and attempt to stop an affray of that nature on its first out break; if not none at that stage it is hardly possible to do so. 5th. The absence of an officer between the "Vetat unda supervenit undam," the partizans rally and a serious disturbance takes place. Darogahs and Magistrate. The first outcry In the Mofussil, should they oppose any of against this is expence. Again" querenda the Zumendar's numerous wickednesses, that pecumo prumam virtus post rummos." You can personage instigates the villagers to withhold afford Regulation IX. uncovenanted Deputy their pay, and the poor wretch, in disgust, throws away the emblems of his calling and takes to begging, thieving, &c. Some one says, can he not complain to the Magistrate ? The answer is, is he not kept out of his em ployment dangling two months at the Collectors between the Collectors and his tehsildars to check their quietly embezzling the rupees of Goverument, but forsooth you cannot afford an allowance for the purpose of checking a Darogah from cruelly extorting the the rupees of the o Too The Magistrate |