revenue as a tax on the country, levied in order Government are opposed to those of indivito support a few individuals. If this large duals, that we do not think it necessary here amount of revenue were available for the gene- again to enter upon the subject: nor shall ral purposes of Government, taxes to that we recur to the many proofs we have already amount might now have been remitted, and given of the multiplicity of business with the burthen of the mass of the people lighten- which the fiscal officers are already bured. Therefore viewing the subject in this thened, which totally disqualify them from light, we think our rulers were not justified undertaking the conduct of judicial proceedin giving the pledge they gave on assuming ings. We shall content ourselves by referthe Dewanee of the country. But the deed ring the reader to our remarks on this sub. has been done, and the years that have rolled ject made in a preceding page. over it have confirmed the act. The usage

has become a law-and even the most strict But there is another feature of the question moralist must now admit that families which which we are anxious to bring to the notice have for generations enjoyed this privilege of the public. After the Collectors had been cannot now be deprived of it without outrage absolutely empowered by the Regulation III and injustice. Many have been born on these of 1828 to act as judges in regard to cases of rent-free estates, and have grown old in the resumption, the inhabitants submitted their hope that their children will be maintained appeal, praying that this union of offices be by them. This, whilst on the verge of the discontinued. The petitioners, it is true, regrave, are threatened to be deprived of their ceived no reply directly from the Court of only means of livelihood, and to die without Directors: but the subject was not overlooked the consoling reflection that they leave their by them. In their letter of the 28th of Sepdescendants those in whom their happiness has tember, 1831, to this Government, they allude been centered, in independence and comfort. to our petition, and communicate their orders on the subject. The following is a quotation from the document:

36. We see reason, however, for making a distinction between those cases and the cases in which

cases, something would still be wanting. The administration of Justice has two ends; the one is, that Justice should be done, the other is, that the people should believe that it is done; and this last is a point of the greatest importance.

Occupancy for any considerable time is the primary and universal law by which land is held by the various portions of the family of man. Into whatever part of the globe we ex-the Government is a party, and in which the collector, tend our inquiry, we shall find, that the origin-as the instrument of Government in the cause, is also al right of possession came from long and un-apt to appear in the light of a party. We doubt not disturbed occupation. This has been subse- that, generally speaking, your Collectors would act quently recognized by the different legisla- with a sincere desire of deciding justly, but if we were tors, and the period sufficient to confirm posses-assured of their deciding with perfect impartiality in all sion has been variously fixed; but none we believe has fixed it beyond sixty years. Now from the year 1765 to the present date, there are upwards of 70 years, a period sufficiently long to confirm the possession of the occupier even if there were no documents at all. We are 37. It cannot be doubted, that when a Collector therefore at a loss to conceive how Govern- demands from an individual any sum as Revenue to ment can justify their resumption in the very Government, which that individual considers to be an face of this fact which at once appears to over- illegal demand, a demand from which a just interprerule all their proceedings, and with its vene- tation of the law would exempt him, and when applyrable antiquity to mock all their search after ing for this interpretation, he is remitted for the decision musty records and old sunuds. In a country to the very man who has made the demand, and against like this- so subject to inundations, confla- whose act he is reclaiming, there is an appearance of grations, and other calamities, it is extremely hardship-the appearance of his being remitted not only unreasonable to presume that documents has already prejudged the question. to the man who is the party against him, but a man who executed 70 years ago could have been preserved to this day. The chances are evidently against such a presumption, and we really do not see how Government can justify themselves in making the investigation they are so earnestly pursuing.

38. We are decidedly of opinion that nothing but a strong necessity would justify the assigning of such decisituation of whom could hardly fail to create a prejudice sions to functionaries thus situated, functionaries the against their decisions however just, not only on the part of those whose interests were affected by them, but on the part of the public at large.

39.-We have therefore come to the conclusion that

If notwithstanding these important considerations, Government are determined to investigate the titles of all rent-free lands, and Collectors should not be the Judges in resumption quesdisturb the possession of so many years, it tions. This plan was recommended to you by its facimight be expected that they will conduct the lity, and we do not by any means overlook the difficulties inquiry in the most careful, impartial, and you mention, the weight of expense and paucity of quadisinterested manner possible. But instead lified officers which stand in the way of a better proviof this, the manner in which these inquiries should be made; for it is not consistent with the characsion. It is necessary, however, that a great exertion are conducted leave very little room to the ter which our Government should maintain, to say that it people to hope that strict justice will be done cannot find the means of deciding in the most desirable in all cases. We have so often brought to way certain important questions of property between itself the notice of the public the injustice of allow- and individuals: and for that reason it takes a course ing the fiscal officers of Government to act which, to the public, has very much the appearance of as judges in cases where the interests of seizing upon the property in question by an arbitrary act.

The opinion here expressed by the Court Court of Directors, enforced as those orders of Directors is precisely that which we have are by every reasonable consideration. Neialways maintained upon this subject, and no ther justice nor sound policy support their answer to the petition could have been more practice in this regard, yet they appear to decisive or favorable than this. It is there-adhere to it with astonishing obstinacy, even fore much to be regretted that it is only now, in the very face of the orders of the Court of about four years after the date of the docu- Directors.-Reformer. ment, that we have been enabled to discover it among the parliamentary papers printed for the use of the House, and to lay it before the public. This letter of the Honorable Court at once settles the question in regard to the union of offices of the Collector and the Judge in resumption questions. It explicitly declares that "Collectors should not be the Judges in resumption questions

""

authorizing the Board of Revenue and other authorities to grant rewards to Collectors to the extent of a commission of 25 per cent. the lands, regarding which enquiry might be on the estimated annual jumma, assessable on

We have been informed that the order

instituted whether the decision should be in gated so long ago as the 19th June 1828 by a favour of resumption or not, has been abroResolution of Government, of which the following is a copy :

held free of as-essment."

Now we ask what has been done since the receipt of these orders from the Court of Directors to remedy the evil? We are really at a loss to answer the question: the Collectors, we see, instead of being relieved from judicial functions, are getting further bur-account of cases investigated by them under the Rules of "That the payment of rewards to Collectors on thens of this nature on their already over- Reg. 11. of 1819 and similar provisions shall cease but burthened shoulders. But we apprehend that, the Board of Revenue be authorized, on the final asowing to certain causes, the business of sessment of resumed tenures, to bestow rewards, not investigating into rent-free lands is not felt exceeding in any case the amount heretofore receivable by so irksome by our worthy Collectors as in the Collectors, upon such native officers and others, not absence of those causes it would have been. being covenanted servants of the Company, as may By the Regulations of 1793, 1795, 1803 and have given useful information in regard to lands illicitly 1805, Collectors were allowed a percentage upon all cases of resumption which came under their cognizance. Thus a sort of legal bribe By this order the rewards to Collectors are was offered to them to prosecute their probibited, and since it passed none inquiries into the titles by which the several been given we learn: but why is encouragerent-free estates were held. In 1808, the meat held out to native informers or spies, to Government it seems became ashamed of such hunt out defects in the titles of property? an enactment, and by Regulation XIII. of Such a system is unworthy of an enlightened that year repealed that part of the regulations Government. We know that informers are of 1803 and 1805, which related to the per-encouraged at home but the whole system is centage. This was however done only in the immoral and detestible. regulations, which are printed and published: a private circular was afterwards issued by the Secretary to Government in the Territorial Department, dated 30th April, 1819, to the Board of Commissioners in Behar and Benares, in which we find the following notable paragraph :

6th. With the view of further securing that object, his Lordship in Council has resolved, that your Board and other Authorities vested with similar powers, shall, in passing judgments on cases brought before you under the regulation in question, be authorized to grant to the several collectors under your authority, a commission not exceeding 25 per cent. on the estimated annual jumma assessable on the lands, regarding which an inquiry may be instituted, whether the opinion of the Collector and the judgment of your Board shall be for or against the resumption.

have

We learn that measures are now in progress for carrying into effect the orders of the Court as to the adjudication of these resumption suits, and that Mr. Millett, the Secretary to the Law Commission, is preparing a law for the purpose. It is some consolation to us to learn, that meanwhile wherever the resumption laws are actively enforced, separate officers, instead of the Collectors, have been appointed to carry them into effect. This just arrangement has been carried into effect. we understand, in the districts of Patna, Benares, Sarun, Shahabad, Tirhoot, Monghyr, Bhaugulpore, Tipperah, Bulloah and Chittagong, and the system is to be extended as fast as fit men for such delicate and important work can be found.--Hurkaru.

Stimulated by the hope of reward, the Collectors no doubt find the business of investigating the titles of rent free lands a more We are much obliged to our contemporary agreeable task than their other duties; which of the Hurkaru for having set us right regardunder such circumstance must be neglected, ing the orders in force on the subject of the whilst this lucrative one is ardently pur-that the circular order which had been in resumption of rent-free estates. It appears

sued.

We would wish to know what apology can be offered by the local Government for not immediately acting up to the orders of the

force before, authorizing the Collector to receive twenty-five per cent. on all cases of resumption that came under their cognizance, has been abrogated so long ago as the 19th

June, 1828, by a resolution of Government, of the same course in a more unjustifiable manner which the following is a copy:than we had before supposed.

"That the payment of rewards to collectors on account The Hurkaru also informs us that "where of cases investigated by them under the Rules of Reg. the resumption laws are actively in force, II. of 1819 and similar provisions shall cease; but the separate officers, instead of the Collectors, Board of Revenue be authorized, on the final assessment have been appointed to carry them into of resumed tenures, to bestow towards, not exceeding effect." Of this we are aware. But these in any case the amount heretofore receivable by Collectors, upon such native officers and others, not being officers, it should be borne in mind, are not Covenanted servants of the Company's as may have distinct judicial functionaries as the Court of given useful information in regard to lands illicitly held Directors require in their letter we quoted in our last. The object of the Court was to Judge from the complainant; but here the deputy Collectors are required first to search out and then to investigate the resumption cases, which obliges them to act in the double capacity of complainant and judge; and thus, after all, the intention of the Court of Directors is not answered, and the ends of justice frustrated.

free of assessment."

This considerably strengthens our position that the Government have been acting in this regard in an unjustifiable manner. From 1793 to 1808, a commission of twenty-five per cent. was allowed by regulation to the Collectors on all cases in which lands were resumed by Government. From 1808 to 1819, no reward of this kind was allowed. These means not having sufficiently answered the objects of The only reason for the appointment of Government, in 1819 the circular order we these deputy Collectors appears to be the great bave brought to notice was issued, allowing excess of work in the hands of the Collectors twenty-five per cent. on all cases of resump- who cannot pay that vigilant attention to the tion whether they were de ided for or against resumption cases as the Government require, Government. Thus the officers concerned-Reformer. were quite sure of their reward. In 1828 this reward, as we have seen by the above quotation, was taken away from the Collectors, and We have learned from authority on which given to the Amlahs. Now in general the we are disposed to rely, that the order or Rehigh principles of well educated and hand- solution of Council which we recently quoted somely remunerated covenanted functionaries, relative to rewards to native officers for giving afforded some chance of their not overstepping information as to the titles of lakhiraj lands, the proper boundary of justice, for the sake has been suffered to be quite a dead letter. of gain but when this reward is offered to We are glad to hear it: but the fact is an adthe Amlahs, who are known to be corrupt to ditional argument against permitting any law the very core, and when they are told that to disgrace the Indian statute book, which twenty-five per cent. will be given to them encourages informers. Everywhere it is betfor useful information in regard to landster-à fortiori here, where, heaven knows, illicitly held free of assessment," there can be no doubt as to the abuses which they will practise in order to deprive the poor people of their rights. There is another circumstance which considerably aggravates the evil. The documents which alone can prove the title of holders to their best estates are generally to be found only in the records of the collectorates, which being in the hands of the very Amlabs who have an interest in disproving the claims of the holders, they do all they can to withhold information, and if they furnish it, it is not unless a sum more than twenty-five per cent. is given to them as bribe; when they of course sacrifice the interests of their Masters for a higher consideration. Unlike the custom of the Supreme Court, search is not allowed to be made in the records of the Mofussil Courts, and if a person wants the copy of any document he must give its precise date, &c. and petition for it on stamped paper before he can obtain it. These rules furnish to the Amlahs a variety of means to extort money from the poor land-holders, many of whom have purchased these rent-free states at the Collector's sales, and know nothing of the original papers. The change, therefore,

morality is already at a heavy discount, where the Punic faith of the natives is a matter of melancholy contemplation to the moralist,— to incur certain pecuniary loss than to hold out a bounty on immorality-and who can deny that to encourage informers is to encourage immorality? We have heard it alleged also, as an argument in favor of the system we condemn, that the lakhirajdars, who feel the insecurity of their tenure and tremble at investigation, bribe higher than the Government. That the twenty-five per cent. (on a year's revenue of the land we believe,) is nothing compared to the value of the grant to the possessor, and that of course he will bid higher. To be sure he will; but what then? What is gained by the system either to the revenue or to morality? Do we secure the confiscation of the property or subject it to the tax? No. Do we put down bribery or diminish it? Quite the contrary. Cui bono then the continuance of a provision which is admitted to have become a dead letter, because, we suppose, the Court of Directors have discouraged it, and the Government have become ashamed of it?

which the Hurkaru has brought to notice We know that the mass of large lakhiraj strengthens our position, by proving that, not-grants is in the Central Provinces. And it is withstanding the repeated orders of the Court alleged that the real informers there are the of Directors, the local Government are pursuing Maliks who have been ousted and kept out

of possession by the lakhirajdars, with whom | no matter what changes may have taken place some of those who profess to be familiar with in the proprietors of the lands since the settlethe subject express great sympathy, as the inent of the Dewanny! In short the whole parties entitled to a settlement, who claim scope of the argument goes to support this no reward but justice. This may be so; but position, that whenever a Government think or still as the Government has an obvious interest profess to think, that they can plead that they in ousting the lakhirajdars, we think that the have entered into a treaty unadvisedly or instructions of the Court as to withdrawing made a pledge without sufficient reason, they these rent-free suits from the jurisdiction of may at any distance of time, depart from the the Collectorate department, which must from one or violate the other!! The doctrine adhabit have a bias in favour of increasing the vocated is in short, that of expediency versus revenue for their Honorable Masters, espe- honor and good faith, and we are sorry to see cially the "puckhah Collectors" or their De- a paper generally ranged on the side of moputies, should be observed in spirit as well as rality and popular rights, lending itself to the in letter. support of a doctrine so hostile to both. The writer in the Guyananeshun thus concludes:

be

We confess that looking to the decided interest the Government has in invalidating the titles of these rent-free tenures and turnIf therefore the time has arrived when these prodiing them to account, we view with considerable jealousy the activity which is said to be gious errors in legislation are to be rectified by a body manifested in the business of resumption, of law Commissioners imbued with the enlightened more especially when we consider that these sptrit of the age, and judging for themselves, not through titles which are to be overturned, originated the misty veil of imperfect official records at a distance at least 40 years ago. It may be all quite of 14,000 miles, but on the spot, and with the country true that the purchasers of these estates look before them, it shall not, we hope, be the good fortune as sharply after their titles as they would after of interested parties to succeed in screening those gigantic those of any other property; it may equally true that the only rent-free tenures sold abuses with the plea of 'sacred pledges' or ' undisturbed by Collectors, are sold in satisfaction of de- possession!' As well may the oppressor alledge I crees of Court; but still that does not meet ought not to be disposed-I've sat firmly on the throne the objection to this eagerness to submit these though by sufferance, and my children look to it after tenures, whether sold or not-to the revenue my death. When the interests of a vast country, like tax, and we cannot resist the belief that such India, are jeopardized by treaties executed by penuryeagerness is an odious feature of our policy struck parties under the exultant feelings, incidental to calculated to produce a most unfavorable the acquisition of exhaustless wealth, it is positively impression upon the people. Unfortunately for us the proofs of our fiscal rapacity have ridiculous to bring forward claims founded on grants been hitherto much more palpable than the from men who could not grant, but blinded by prospeevidences of our desire to ameliorate the con-rity looked on the people and their property like a herd dition of the people. Better days are dawn-of cattle and disposed of them likewise. In olden times ing upon them-wiser and more liberal prin- the Pope of Rome granted the possession of countries ciples are being recognized in general by us, to be explored to his vassal kings and dependents. But and what we desire to press upon the atten- history has long since verified the impotency of his fiat, tion of authority in respect to lakhiraj claims, and the inherent right of man to judge and dispose of is, that we should not so eagerly encourage and press them against the possessors when his own by himself." our doing so is so peculiarly liable to be ascribed to sinister motives and so shake, indeed, the security of property in general. If the Maliks are the rightful owners of these properties let them bring their cases before the Court, but we say that those servants of the Company who have to decide them should be aware of any bias against the lakhirajdars considering what an obvious interest the Government have in transferring the property to those who are quite willing to pay the

The case of the oppressor reigning by sufferance is not at all in point. The British Government solemnly pledged itself to respect in perpetuity certain grants-to allege then, that forty or fifty years afterwards they may resume such grants because they cause loss to the State, is to advocate public robbery to an extent far beyond Cobbett's equitable adjustment. A man may, as the Duke We are sorry to see the Guyananeshun lend- of Newcastle urged, when he ousted his teing itself to the advocacy of a species of nants, for not voting for him, do as he likes political morality discreditable in its character and most dangerous in its tendency, to with his own; but he has no right to dispose popular rights. Admitting that the Govern-of what is not his own: now when a man or a ment pledged themselves to respect for ever government has alienated property in perpethese rent-free tenures, the writer argues that

revenue tax on it.

they did so without consideration, without tuity, the resumption of it on any pretext foresight-in great ignorance-and that there- is downright dishonesty.-Hurkaru.

fore they are now at liberty to revoke their pledges to repair this "error of legislation"

(To be continued.)

COFFEE, TOBACCO AND OTHER INDIAN PRODUCTS.

Fort St. George, March. 1, 1836. Surgeon R. Wight, M. D., of the 33d Regiment N. I., having been appointed to enquire and report on the cultivation of Cotton, Tobacco and generally of all Indian products, as explained in the following Extract from the Minutes of Consultation, dated 17th November 1835, No. 1432: all persons capable and willing to afford useful information on these subjects, are invited to communicate the same to that Gentleman, and their letters addressed to him, and superscribed "On the Public Service," will be permitted to pass free of postage through the British territories in India.

No. 1432.

Extract from the Minutes of Consultation un

der date the 17th November, 1835.

markets might be advantageously supplied from these Provinces.

Revenue on the cultivation of American cot2. The papers submitted by the Board of ton and tobacco, and the reports of the Collectors above referred to, leave no room to doubt that, notwithstanding the great diffithis kind from the character of the people culties inseparable from undertakings of and the circumstances of this country, American cotton and tobacco and the valuable Bourbon cotton plant may, by a moderate into the Provinces under this Presidency; encouragement, be successfully introduced and that the benefit which would result would be experienced by every class of the people and by Government. It also appears, that the little success that has heretofore attended the exertions of Government and of individuals has arisen from the want of the information necessary to enable the latter to purGovernment to afford the requisite encouragesue the proper course of exertion, and the

1. The able and voluminous reports furnished by the Revenue Officers, on the results of the experiments made by Government to introduce the cultivation of American Cottonment to induce and enable the Farmers to and Tobacco, and on the means best calcu

cultivate successfully, new kinds of produce, or to improve the quality of indigenous productions.

lated for the improvement of the culture and preparation of these and other articles adapted to secure to this country a due share in ex- 3. From the extent and variety of the facts ternal commerce, which have been elicited by and statements contained in these papers, and the queries circulated by order of Government the paramount importance that what is to under dates the 2d June and 14th July, 1835, direct the measures of Government and the afford much information which, when care- exertions of individuals should be subjected fully examined and condensed, will be useto the most rigid investigation, it is necessary ful to Government and its Officers in origin- that an individual should be selected for the ating and carrying into effect the measures task of their examination and condensation, proper to be adopted in future attempts to whose pursuits have rendered him familiarly promote these important objects. It will also acquainted with the subject and who could be of great benefit to the public and to indi- ascertain and correct by personal observaviduals to be furnished with accurate infor- tion and well directed enquiry whatever may mation of the circumstances on which the suc-appear either doubtful or erroneous. cessful prosecution of the cultivation of articles for export and for home consumption must depend, on the advantages and defects of the Native processes and the modifications in the methods of cultivation and preparation which must be adopted to secure a remunerating price in Europe or in India for the country or exotic cottons, tobacco, dye stuffs

and numerous other articles for which the soil and climate of the Peninsula are peculiarly adapted; and the extraordinary disproportion which has been long felt to exist, between the state of the trade and agriculture of the Provinces under this Presidency, as compared with the extent and fertility of the soil and its adaptation for the successful cultivation of many of the most valuable productions, renders it of essential importance to the interests of the people and of Government that advantage should be taken of the present favourable state of trade, for the effectual encouragement of improvement in the quality and increase in the quantity of cotton, tobacco and other articles with which the British and Foreign

T

4. To do justice to the subject and to the for the duty, will requre to devote his whole authors of the reports, the person selected time, for some months, to their examination: and it is very desirable that he should have the opportunity of careful and personal observation of many points on which the reports do not furnish sufficiently distinct and detailed

information.

5. Dr. Wight, Surgeon of the 33d Regiment N. I., a gentleman of distinguished scientific acquirements and whose pursuits have been directed to these subjects, being eminently qualified for the duty and being now stationed with his Regiment at Palamocttah in the Tinnevelly District in which and the neighbouring Collectorates great success has already attended exertions made to improve the products raised for export. The Right Honorable the Governor in Council resolves, with the concurrence of His Excellency the Commander-in-Chief, to select him for this important service.