of the law,) than the belief that a decree into exultation, when he quotes in triumph once passed for the resumption of one te- what he calls "a remarkable passage," in my nure, is tantamount to the decision of all former letter, and which he pronounces "self others of the same description; that, in short, damnatory," for which I return my salaam. a resumption officer has only to class all the In addressing my remarks to you, I distinctly cases in his office under the respective heads state them to be cursory, and I never dreamed of "Ayma," ," "Altumgha," "Muddudmash," of inditing laudatory epistles in favor of the &c., and that the fate of the first in the list is whole proceedings of the Government. In all that of all the rest. The fact is, that there candor and sincerity, therefore, I stated my are very few alike. The circumstances atten- opinion, to which I adhere, that the plan of ding the date, mode, nature and conditions of remunerating native informers was not called the various gifts vary materially, and while for. But that amongst all the orders and dimany cases are in themselves simple enough, rections of the Government, connected with there are others of much intricacy." It this important subject, there should be one of seems to me impossible"-says Sir Charles minor importance in some degree objectionMetcalfe-" to lay down any rule or set of able, will not to any sensible person appear rules applicable to all cases-many may extraordinary. The order in question, passed contain strong claims which it would be many years ago, authorized the defrayment of harsh to deny many may merit indulgence a reward to informers when applied for. From beyond the strict bounds of positive claim. the general good sense of the service joined to But all, I conceive, ought to be decided on other causes, from being hardly ever acted their separate merits, and decided, I con- on, it gradually became virtually extinct. tend, by Government alone, with reference to Who has suffered? Certainly not the Minhaydars. the various circumstances of each case, asser- For this we have a long farrago of nonsense, in ting its right or exercising its bounty accord- which the Editor says that it is just against this ing to its own discretion." It was with these Regulation that he has been arguing, and in benevolent intentions that regulation XIII. of which the Government are, to the extreme cre1825 was passed, and that its provisions were dit of the "liberty of the Press," denominated extended by section V. to lands held under as "rogues, "and dishonest " rogues" too; Badshahee, or Royal, as well as those under while with a sickly attempt at sarcasm, (vana Hookamee grants. The Maliks of the soil spe) he endeavours to ridicule my alleged demay have reason to be dissatisfied with this ficiency intact" where none was intended. So arrangement, but assuredly not the Lakhiraj- much for the Reformer's age and sagacity in dars. The Reformer is wrong, when he says contradistinction to my "youth and inexperithat" this nisf jumma is accepted" (proffer-ence." It was the intemperate style of the reed I suppose he meant)" with a view to avoid marks made by the Reformer, and the exaggeappeal from the decisions of the Collector to ration of the evils entailed upon the Minhaythe established tribunal, where" (he is pleas- dars, which first drew my attention to this subed to say)" the defendant has a much better ject; and to the splenetic effusion of the 20th chance of justice than he has in the Col- is to be attributed this lengthy contribution. lector's Court." The decree of resum- Deeming, as I do, the whole tenor of his retion and the recommendation to the marks of that date, as any thing but civil, I Government in favor of the indulgence of hesitated whether or not to resume a subject, a jumma nisf are perfectly separate. An which the Reformer could not discuss withappeal against the decision of the Collec-out acrimony. As, however, it was in your tor or Deputy Collector is cognizable by columns that I adverted to his proceedings, the Special Commissioner appointed under I am unwilling, by silence, to run the risk of Regulation III. of 1828; the recommendation being considered so ignorant upon the subject goes to the Government, through the Commis-on which I wrote, as both the Reformer and sioner of Revenue, whether the case is ap- the Hurkaru choose to consider me. The latpealed or not. His argument therefore falls │ter, indeed, I have been told, describes me in to the ground. What he means by asserting the most elegant language as "floored." I that"in all cases in which they are sure of may be so, but I leave you to judge between success, such compromise is never sanctioned," us. No one, Mr. Editor, could possibly shut I cannot imagine, seeing that the lands his eyes to the conviction, that the resumpare resumed before the jumma nisf is advoca- tion of these tenures, whenever or however ted. If he would imply that the defendants it might have taken place, must have been satisfied with these terms refrain from appeal, attended with some hardship to the owners. I can but observe that their cause must be a Still less can I, or do I wish to deny the obrotten one, for the proffer once made it stands vious fact, that delay which has taken place good, whether an appeal be made or not; has added to that hardship, the weight of diswhile, therefore, the parties cannot lose by appointed expectations, though those expecit, they may please themselves in refering tations were unreasonable. But when to or not to the Superior Court. The jumma charges against the Government, which I connisf therefore tendered under the provisions ceive unsubstantiated, are added reflections of Regulation XIII. is no compromise-cer-and statements calculated to throw the most tainly not, in the sense in which the Reformer takes it.

unmerited opprobrium upon the practical operation of the laws in question, and upon the proceedings of those concerned in their 5thly. The Reformer flatters himself even administration, it is as well to expose their

inaccuracy for the sake of justice and truth. | deals his blows as if from a bush, sheltered -ANASSISTANT, Correspondent of the Calcutta Courier.

NOTE.

While writing the above, the R-former of the 27th was handed to

me. It is difficult to collect the Editor's meaning, or to understand

from the darts of his antagonist. This is the mode of attack the correspondent of the Courier, AN ASSISTANT, has thought fit to adopt. Though it has been fully explained in the Reformer of the 31st January last, that our circumstances prevented us from knowing what points he intends to substantiate from the disjoined frag that the twenty-five per cent. commission, forments of various Orders and Regulations quoted by him. What merly paid to the Collectors, had been transhas the extract from the Superintendent's Report for the Lower ferred to the native informers in 1828, until Provinces for 1825, commenting upon the appeals from decisionspointed out by the Hurkaru; yet AN ASSISTANT is resolved to bring forward against us Regulation to explain and amend the rules in force for that omission, at the very head of his long the execution of decrees, or other judicial process by the letter, of course, unaccompanied by the explasale of landed property, or otherwise") to do with the "pracnation we offered on the subject. Thus having tical operation of this odious law", further than to prove (if indeed the remarks of the Court allude principally to Re gulation II. of 1819, and not to the other) that the parties had then, what they have now, the option of appeal and the benefit derivable from it? I have not this letter of the Court's to refer to, for the purpose of ascertaining on what subject of a general nature it

under Regulations II. of 1819, and VII. of 1825, (which is "a

is writen. It appears to have been selected because the Home Authorities find fault with their Collectors, though at the same time

they allow that they require to be "correctly informed," and own

tion IV of Regulation III. 1828; but the truth is that separate Courts

created in the minds of his readers a bias to our prejudice, he further fortifies himself by an appeal to that aristocratic feeling which is very prevalent among certain classes of Europeans, who are resolved to put down the natives as a set of unprincipled black fellows.-" It is strange that the first point which always suggests itself to a native's mind, should be ve nality." These are the very words of this writer, that they have as yet" no documents sufficient to explain the matter under the shelter of which and his manoeuvre fully." This is construed into " an admission of the Honorable about our omission, he thinks himself well shelCourt of Directors," and it is considered as clearly proved thattered against attack, and proceeds accordingly Collectors are "unjust." The Reformer seems to say that the to the field of battle. He, however, forgets that Collectors are made almost omnipotent by clauses 2 and 3 of sec- homely proverb which says, "those who have Could of Judicature have been established in the persons of the Special glass windows should not pelt stones." Commissioners expressly and solely for the purpose of facilitating we not, if we chose, point out thousands of inappeals from the decisions of the Collectors and Deputy Collec-stances, in which people of all countries have tors; and as the immediate assessment authorized in clause 3 might swerved from the path of rectitude? could fall on individuals with some severity, the humanity of the Govern-we not, if we chose, make these pages a blackment induced them so far to modify it as to ordain by their instruc-book of transgression against India, compiled tions of the 221 February 1831 "that a period of six months should from the records of the proceedings of the East elapse, to enable parties to appeal after the Collector's or Deputy India Company, the Local Government, and Collectors' decision" and that the occupants be maintained in even the Parliament itself? Yes, we could, pos-ession all that period, to be extended too by the Special Com-and show to the world that venality is not a missioner, if it be thought proper. As I cannot understand the scrap of Moral Philosophy, indulged in by the Reformer, relative to "man being the creature of circumstances," by which he some how proves that Collectors are worse than their neighbours, I shall

prudently leave it alone.

Lastly, with regard to the Deputy Collectors. The Reformer's

object—he says—in all that he has quoted about Mr. Law and Lord

Cornwallis, is" to reprobate the union of fiscal and judicial powers

in the same functionary where Government is a party to the suit." Though I am entirely of the opinion of the writer in the Meerut Magazine, that " as just a decree is likely to issue from the Collector's Office as from the Judge's," yet let the Reformer be happy and rejoice greatly. Deputy Collectors have no executive authority. The very name is in my opinion a misnomer, (if one may so speak) and they may be called Deputy Judges, if the Reformer likes. They

have nothing to do with fiscal duties, and they do not collect a rupee-moreover Officers of this description have been gradually increased in number as the investigation into these tenures has been extended, and more, too, are to be appointed. If the Refor mer enquires a little more diligently, he will find that many more than "one or two instances" exist, where Officers of this description have been at work for some years; and that there are now several employed, both in Bengal, Behar, and the Upper Pro

vinces-Calcutta Courier.

In the art of addressing the populace, it is a tact of no modern invention to commence an attack by creating in the mind of the reader or hearer a bias prejudicial to the opponent; under the protection of which feeling a man

foible peculiar to the native character. But, enough of this, let us now proceed to the other branches of the subject, which require greater consideration than AN ASSISTANT's rhapsodies on native venality.

The first point of attack against us is the breach of pledge with which he says we have charged the Local Government. At this breach, then, he takes his stand, and like another King Henry calls on his friends to defend it. "Once more unto the breach, dear friends, once more, Or close the wall up with our English dead!"

Our friend has, however, mistaken the breach. We never maintained that Government had no right to institute inquiries, or that it had pledged itself not to enquire. We found fault with them only for the manner in which they conduct these enquiries. We have plainly proved on the one hand, which has not been disputed, that Government both local and in England are pledged not to unite the fiscal and the judicial-the administrative and the executive functions in the same individual; and, on the other, that the Local Government have united these functions, and given to the same officers authorities which are not sanctioned by the conditions of the pledge. Here, then, is the breach, and not in the enquiry which the Government have a right to institute.

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There is another circumstance which aggra- is the question. The admission of the writer vates this breach, viz. the time of making the noticed above, however, more than establishes enquiry. After having allowed the parties in our position that these registries cannot be depossession to remain undistrubed for about nended upon. But in the instance, which came seventy years, and on very many occasions con- to the notice of AN ASSISTANT there were two firmed their possession by the Provincial Coun- thousand Badshahee and six hundred Hookacil, the Bazé Zumeen Dufter, and such other mee grants registered." From this it is evident similar means, they now, that, owing to causes that AN ASSISTANT is located in the Upper Profully explained more than once in these pages, vinces, or at least his remarks refer to them; the sunnuds of dates prior to 1765 cannot be for in Bengal to which we chiefly confine our procured, call upon the rent-free holders to remarks, being more conversant with its events, prove their claim by those sunnuds. Ifenquiries there are no Badshahee grants. Will As Ashad to be made, they should have been made SISTANT enquire for these registries in Bengal, long ere now, when there was a greater proba- and ascertain in what manner they have been bility of eliciting truth by living witnesses, and kept? He will, we can assure him, be astoa variety of other m ans which cannot at this nished at their deficiency. This is not, however, distance of time be available. But AN Assis-essential to the point at issue. The existence TANT says, he has been given to understand, of registries is not of near so much importance that original sunnuds bearing date prior to 1765, as their freedom from error and interpolations. are procurable in abundance.' AN ASSISTANT On this subject, too, AN ASSISTANT admits all might have been given to understand that such we want him to admit. He says, "as to interis the case, and if people chose, they may be-polations, where there exist any, they are in falieve all what an anonymous writer says, not vor of the occupants, and inserted through as having seen, though by the situation in which connivance with them against the state." Nohe describes himself, we have every reason to thing can more clearly establish our position, suspect he would have seen if any existed, but that these registries wh rev r they exist have only as having understood from others. This been subject to interpolations, than this admissort of lame second-hand evidence may go sion, and all that remains to be added on this down smoothly enough with gulls of a certain point is, that if interpolations exist in favor of class; but when we examine the circumstances occupants, there can be no certainty that they of the case, when we look back to the accidents do not exist in favor of Government. The same and designs which documents of this kind are sinister motive which led to the one might, subject to in our country, we hope to be allowed when exerting stronger influence on the oppoto doubt the accuracy of the information site side, lead to the other. The fact is, that the given by AN ASSISTANT. In the writings of AN holders of rent-free tenures always pay mo e ASSISTANT as well as others who have treated this than the 25 per cent. offered by Government, subject, we have ample grounds to doubt the and thus, as stated by AN ASSISTANT, cases authenticity of documents which purport to be hardly ever occur where the copies of docuof a date prior to 1765. Indeed, the call for such ments stated to have been entered in the coldocuments made by Government, has been the lectorate, have not been found extant." This cause of a thousand forgeries. Not to speak AN ASSISTANT calls "curious fact." But we of those papers which people that have no just certainly find nothing curious in the whole right to rent-free lands are in the habit of business except that a writer of such pretenforging to prove their claim, even those who are sions should furnish his opponents with so many conscious of the justice of their claim, but excellent facts and arguments which can be those papers have been destroyed by time or turned against himself-nay, which scarcely reaccident, forge new ones to supply their place, quire any trouble in being made to bear against because they find they cannot prove their just his own position. title without such documents. Hence it is clear in the first place, that if any sunnuds are AN ASSISTANT also states that "no paper produced bearing date prior to 1765, very lit could be well subtracted from the Sherista tle dependance can be placed upon them; without detection." From all that we know and secondly, that the measure we are re- of these matters, we see no difficulty in the probating, has forced people to commit the record-keepers removing one leaf and paccrime of forgery. This is not as it shoulding another in its stead to answer their be, and the sooner a stop is put to this prac-purpose. True it is that instances of subtice the better

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traction have not been common: but this is accounted for by the circumstance of the On the subject of registry, which after all rent-free holders always bribing the record-keeremains the only hold of the friends of this pers to a greater extent than the 25 per cent. ofodious law, AN ASSISTANT unhes tatingly ad- fered to them by Government. In whatever light mits" that these registers have been neglected, the question be viewed, or through whatever owing to the "apathy of the Government, circuitous route we may be led by an oppojoined to other matters." But then he informs nent in this discussion, it is clear, we must at us that having inquired in his neighbourhood, last come to the registry as the only proof of he has found that a register was kept in excel-Lakheraj lands now extant, and admit that no lent form. This form, which he gives, is ex. dependence can be placed upon it. Whence the actly that prescribed by the Regulation. Re-plain inference is that the possessions of rent gistries according to this form may have been free holders cannot at this period be disturbed commenced; but whether they were kept up without injustice. In leaving them alone, it is

true, some who are not entitled to the privilege may escape with it: but if the spirit of our laws and morals require that the innocent should not be punished with the guilty, but that when the one cannot be distinguished from the other, both should be allowed to enjoy impunity, we can come to no other conclusion but that Go vernment ought not, under all the circumstances of the case, to disturb the possessions of the rent-free holders. In the abstract the Govern ment have indeed the right to investigate; but the time and manner which they have chosen for exercising the right cannot be defended on any just ground, and they ought not therefore to exercise it.

AN ASSISTANT talks of the indulgence and kindness of Government in instituting inquiries instead of resuming the lands accordingly as they may be found registered or not. We should have been disposed to allow all this in favor of Government if it could be shewn that the registries were such as to satisfy Government that there was no occasion for their confirmation to seek other proofs, that they had chosen the proper time for such enquiries-a time when the rent-free holders could produce witnesses to prove their claims, and that they had adopted a mode of investigation which was not open to objection. But in the absence of these considerations in favor of Government, we leave the impartial public to decide how far they ought to have credit for indulgence and lenity in this matter.

than what is at present embraced by the tracts which go by these names. This office was, however, abolished in 1793, on which occasion neither its registery book norits seal was del vered to the authorities at the presidency In like manner Messrs. Bushby and Holt were appointed to similar duties in Bebar. They, however, greatly exceeded their lawful powers. These circumstances were brought to the notice of Government by the Revenue Committee in their letter dated 7th November, 1785. But whatever might have been the exact degree of authority vested in the Baze Zumeen Dufter, or the extent to which it went in practice, the case, so far as the people are con erned, remains precisely the same. The office was established by Government, and superintended by covenated publ c functionaries. Therefore whether it had this or that power, whether it could or cou'd not exercise certain functions without the sanction of superior author ties, was nothing to the people. All that was done by this office was considered as legal and final, and it accordingly imparted that confidence to the people to which we adverted when we spoke of this office. The people in fact, have not the means of know ing the transactions that take place between the subordinates and the higher authorities; and they cannot, therefore, be expected to enter into a consideration of the channel through which they received confirmation of their claims. They received it from the Baze Zumeen Dufter, and accordingly concluded that all was right. It is no argument, therefore, to say that their acts can now be considered legal only so far as they were confirmed by higher authorities. All that can be gathered from it is that Government, no less than any private individual, must be bound by the acts of their legal representatives, and that Government can now no more be justified in setting aside claims which received such confirmation than any private individual can the acts of his legal representative.

AN ASSISTANT is pleased to say that we know nothing about the Baze Zumeen Dufter. The substance of his remarks under this head seems to be that the Baze Zumeen Dufter had no power to confirm the exemption from revenue claimed by the land-holders without the sanction of the Committee of Revenue or of Government: whence he argues that the releases gran ted by this office could not lead the rent-free holders to think their claims had passed the or- The next point taken up by AN ASSISTANT deal and would not again be tried. On the concerns the nisf juma on which Government 23 of November, 1773, the Provincial Coun- in Regulation XIII. of 1825 agree to settle cil was established, and among other duties had with the holders of rent-free lands in certain the granting and confirming of sunnuds, provided cases. On this subject AN ASSISTANT, if we unthe juma of the lands brought before its con- derstand him rightly, has two propositions, one sideration did not exceed one hundred rupees that the motives which led to it were benevoA register of its proceedings was ordered to be lent," and the other that" its provisions offer kept, and copy of it to be transmitted to the no compromise"-" certainly not (says he) in presidency. But these rules, it appears from the sense the Reformer takes it." In support the information before us, were not attended of the first of these propositions, he quotes the to. The Baze Zumeen Dufter was established following words of Sir C. T. Metcalfe. Speakon the 23d May, 1782, and under the sanctioning of the cases which come under consideraof the Revenue Committee at the presidency, tion, he says; "all ought to be decided on their was authorized to confirm sunnuds for lands paying juma not exceeding two hundred rupees; but by some error in the proceedings of the Board, instead of two hundred, two hundred and fifty was inserted, so that the latter sum became the amount fixing the limits of the Baze Zameen Dufter's authority, and was accord-entirely to the discretion of the Judge, that if a ingly adopted. Messers. Young and Dynely were appointed Superintendents in Bengal, and their operations were confined to Burdwan and Midnapoor, two provinces which at that time comprehended a much larger extent of country

separate merits, and decided by Government alone, with reference to the various circumstances of such cases, asserting its right or exercising its bounty according to its own discretion." We can never bring ourselves to approve of a system which leaves the fate of litigating parties so

wicked man happened to occupy the seat of judgment, he could commit all manner of injustice with impunity. But the liability of such a system to abuse become much aggravated when we come to consider that the Judge in the cases

of objection against the official constitution of these functionaries. We should also wish AN ASSISTANT to point out the instances of such appointments to which he adverts. We are not aware of more than two or three in Belar and not of one in all Bengal.

here alluded to is to be the Government-who tried by the regular Courts? Would it not is the complainant in the suit. With a Coun-have been fair to have entrusted the Governcil composed of consciencious men all may go ment cases to the regular Courts? These reon well enough, under such circumstances, but marks apply likewise to the last paragraph just reverse the case, think for a moment that which AN ASSISTANT has devoted to the defence human nature is human nature on the throne as of the newly appointed deputy Collectors, well as in the cottage, and then let us know, who he says have nothing to do with the colwhether it would be safe to confer the office o lection of the revenue. The collection of the the Judge on one of the parties to the suit, and revenue would not make their appointment then leave him to decide according to his discre-half so objectionable as the union in them of tion. In regard to the other proposition of AN the various offices enumerated in the Reformer ASSISTANT on this branch of the subject, we of the 27th March, by which they are at once confess our inability to comprehend how ac-made the informer, complainant, judge, and cording to the sense in which we take" the executioner of the decree. Here is the point Regulation XIII. of 1825, a provision is not u ade for compromise. The Regulation p.ovides in the first place that the "actual occupan! of the land be continued in possession on huis en gaging for the future assessment on such terius as may be prescribed by Government, and secondly, that in case the compromise be inade it is to be "maintained by the Courts of Much as has been said on this prolific subject, Judicature." The last paragraph (our readers there yet seems to be some ground for further will no doubt thank us for having come to it) comment. Following the example set by Ax contains two admissions: first that the Regula- ASSISTANT in the Courier, we shall by way of tion offering a commission of 25 per cent. to a NOTE make a few additional observations, to native informers is an evil, and secondly, that illustrate what has already been said on the "the delay which has taken place (in investi- subject. The result of the various views in gating the claims of rent free holders) has ad which the question has been considered, has ded to the hardship." After a discussion con- terminated in resting the whole weight of the tinued through several columns, it is indeed argument on the registers, as the only proof comfortable to arrive at such a conclusion. We which now remains of the claims of the rent-free might indeed have quoted these admissions and holders. The observations we wish to offer resome others we have above noticed, whichgarding these documents, will tend to prove comprehend almost all the points we have been that, owing to the neglect and omissions of the discussing about, and saved ourselves and our officers of Government even on them no depenreaders the trouble of going through so lengthy dence can be placed. The enquiry after rent an article; but as we are unwilling to leave any objection unrefuted on a question of so much importance, we have entered into the consideration of every point taken up by AN ASSISTANT, and hope we have now sausfac torily proved our position.

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free lands appears to have commenced in 1773 by the Provincial Council. But when the Bazee Zumeen Dufter was established in 1782, no register of what the Provincial Council had done could be discovered. The first account that we find of these registers is in the plan for the institution of a Bazee Zumeen Dufter. apBut there is a "Note" appended to the letter proved and recorded in the proceedings of the of AN ASSISTANT, and our readers must Governor-General and Council, in the revenue therefore have patience a little longer. The re- department, on the 31st May, 1782." The semarks in this Note" refer to our article of the cond paragraph of this document is as 27th March, on this subject. Among attacks follows:on minor points, which we can ot in justice to our readers enter upon, it is maintained that "That such lands exist to a very considerable degree is collectors have not been made almost omnipo-well known; partial attempts have been made at different tent by clauses 2 and 3 of section IV. of Re gulation 111. of 1828, there being separate Courts of Appeal. But these appeals are to be made on the decisions and proceedings of the collectors, and therefore it is evident that in the generality of cases the facts will be so reFrom this it is evident that Government were presented as to lead the Commissioner to anxious even so early as 1773 to register the whom the appeal is made to the same conclusion rent-free lands, but that up to the date of the as that arrived at by the collector. These above document, they could not ascertain what Courts of Appeal therefore take away but little were really and justly the rent-free lands. Defrom the power of the Collectors. Besides scending to later dates we find in the preambles there is a good deal of difference in the time of Regulation XIX and XXXVII of 1793, allowed for appeal to the people and the Go-stated that no complete register of grants had vernment, the former having but two months, been formed on the Company's accession to the and the latter so much as one year. But why dewany, nor subsequently to that period," commit the trial of cases in which the Govern- which admission brings down the uncerment is a party to fiscal officers and especial tainty in which the registers are involved courts of appeal, and allow all other cases to be to about ten years closer to our time. In the

periods to ascertain the extent and annual amount of the Bazee Zumin lands, but no general register has yet been formed of them, and the records of former investigations are either lost, or dispersed, or such as exist are too inaccurate to be relied upon."

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