they are so few in number, that the burthen revenue commissioner), who report upon the of attendance would fall upon them with un-case to the Governor, who decides. reasonable severity, if they were called upon to assist, as I think for the interests of justice they ought to be at the trial of all cases.

I think that in all cases the losing party should have every facility for appealing from the decision of the tribunals having original jurisdiction, and that a difference of opinion between the judge and the assessors may form

They are more in the nature of judges than jurors, or rather they unite the defects of both. They unite that official permanence, which a very reasonable motive in the mind of the renders a judge unfit to decide many sorts of questions without the check imposed by the presence of some recognized representatives of the public at large, together with that want of professional skill which makes a juror unfit to decide any question without the assistance and control of some more disciplined mind.

party for such a proceeding; but I cannot see the expediency of forcing a cause, by the mere operation of law, into the superior court, when the losing party might possibly be convinced that the reasons on which the opinion against him is founded, are really those which ought to determine the question.

As in the courts of the maritime provinces, A great man in the Kandyan country, and I so in the Kandyan courts, the suitors cannot suppose in all semi-barbarous countries, is take a single step without paying for a stamp, peculiarly unfit for any occupation which de- and this burthen was avowedly imposed not mands laborious attention or laborious pre- for the legitimate purpose of raising a revenue, paration. It appears from Robert Knox's but for the monstrous purpose of rendering very curious and accurate account of the the courts of justice inaccessible. Kandyan country, that in his time (that is, in | the latter part of the 17th century), it was the 26th March, 1834, recites, that "Litigation and The preamble of the Proclamation of the business of the inferior officers to instruct Law-suits have increased in the Kandyan protheir superiors in the manner of performing vinces to an extent productive of public inconvenience and vexation to individuals, by parties being called on to defend themselves against claims often unjust and frivolous, and many others being called away from their own business as witness; and that it is therefore necessary to devise a means of abating this litigious spirit."

their duties.

After describing the adigars, he adds, " To these there are many officers and serjeants belonging.

"If the adigar be ignorant in what belongs to his place and office, these men do instruct him what and how to do: the like is in all other places, which the king bestows; if they The increase of litigation and law-suits is know not what belongs to their places, there here stated as the substantive evil for which are inferior oflicers under them, that do teach a remedy is to be sought, and the circumand direct them how to act." stance, that parties are called on to defend Sir John Doyley also, in his Sketch of the themselves against claims often unjust and Constitution of the Kandyan Kingdom, re- frivolous, is merely added by way of aggramarks that "the chief officers being princi-vation; accordingly, penalties are inflicted, pally chosen from the noble families, it fre- not upon those who institute unjust and quently happened that they were persons of frivolous suits, but upon those who institute inactivity and inability, and being inexperi- suits of any kind. enced in the affairs of the province or department committed to their charge, were frequently guided in judicial as well as other matters, by the provincial headman, or by

those of their household."

It is the more remarkable that the plan of punishing the guilty only, instead of the guilty and the innocent together, for the crime of abusing the authority of courts of justice, did not occur to those who framed From several conversations I had with dif- the above cited Proclamation, because that ferent chiefs at Kandy, it appeared to me that plan had occurred to those who framed this ignorance was rather put forward by them the Proclamation of 1818, which is the founas matter of boast, and that they considered dation of the present system of Kandyan juthe removal of it by study and reflection as a dicature. The 46th section of that Proclamadrudgery very unworthy of their condition. tion runs thus: "In civil cases, the losing I shall therefore recommend to your Lord-party may be, by the second commissioner or ship, that the assessors should be chosen from agent of government, discretionarily ordered all the respectable classes indiscriminately. to pay a sum to government of one-twentieth When the majority of the assessors differs part of the value of the object in dispute, not from the agent of government, the proceedings it certainly contains, though in a rude and exceeding in any case rix dollars 50." And are transferred to the court of the judicial commissioner, instead of the cause being de-imperfect condition, the true principle which eided by the inferior court, subject to an alone can justify the imposition of any exappeal to the superior, at the option of the Pense upon litigating parties. losing party. In like manner, when the ma- The fine ought not to be fixed at the twenjority of the assessors differs from the judicial tieth part of the value of the object in discommissioner, the proceedings are transferred pute, but to be adjusted according to the deto the "Collective Board" (the first commis-linquency of the party and his ability to pay; sioner, the judicial commissioner, and the neither is the sort of delinquency in question

capable of being committed only by the losing cial commissioner's court to the deputy secreparty, though undoubtedly it is much more tary or the master in equity, who prepares frequently committed by that party. But the them for his consideration, and then, without party who gains the cause is sometimes de-any discussion, and generally without any serving of punishment for the vexatious, op-assignment of reasons, the Governor gives his pressive or unfair means by which he endea-directions for affirming, reversing, or altering vours to maintain his just rights; and among the decree of the court below. the natives of India in particular, it is by no Sir Edward Barnes, in his despatch addressmeans uncommon to find fraud and perjury,ed to Lord Bathurst, on the 4th January, 1827, and all the base arts by which injury is inflict-has stated, that "without some person to preed through the forms of law, employed in supporting a just or in resisting an unjust de

mand.

Within its local limits, the court of the judicial commissioner has jurisdiction over all classes of persons except military persons (which exception I shall presently notice more at length), and within those limits it has power to try all sorts of civil causes, and also all sorts of crimes; but sentences which award corporal punishment exceeding 100 lashes, imprisonment with or without chains, or labour exceeding four months, or fine ex ceeding 50 rix dollars, cannot be carried into execution until they have been referred to the Governor, through the Board of Commissioners,and cofirmed by him. And in cases of treason, murder or homicide, the court cannot pass sentence, but merely reports its opinion on the prisoner's guilt, and the punishment to be inflicted, through the Board, to the Governor for his decision.

The proceedings of the local judges in the Kandyan provinces are still more sufficiently controlled by appellate judicatures than those in the maritime provinces.

I have already noticed the way in which causes are carried up from an inferior to a superior tribunal, without any decision taking place in the former; but there is also in civil cases a formal appeal.

pare these cases for submission to him, it would be impossible for him to find time to go over the voluminous proceedings;" so that the Governor is obliged to depend, for the grounds upon which he forms his opinion, upon an irresponsible person who peruses in private, and without any communication with the parties or their agents. The privacy of this tribunal is the more objectionable, because the Governor has declared, that he possesses an equitable jurisdiction, and an equitable jurisdiction, where there are no positive rules of equity, means an unlimited discretionary power over the law.

This power is declared to be vested in the Governor by a letter from the Deputy Secretary to Government to the Board of Commissioners at Kandy, dated 10th July, 1829, of which the following is an extract:

"In reference to the case of Nilegoodegero Kalu Ettina versus Kapoogedere Menika, one of those now sent, I am directed by the Governor to request that you will acquaint the judicial commissioner that he is bound to decide in all cases strictly according to the law, the equity of the case resting, his Excellency conceives, solely with himself."

There is no appeal in criminal cases; but by the 42d section of the proclamation of 21st November, 1818, it is provided, that" in criminal cases no sentence, either by the second commissioner or the agents of Government, shall be carried into effect, if it awards corFrom the courts of the agents of government poral punishment exceeding 100 lashes, imprito that of the judicial commissioner, in cases sonment with or without chains or labour exwherein land is the object in dispute, or per-ceeding four months, or fine exceeding 50 rixsonal property exceeding 150 rix-dollars in dollars, unless after reference to the Govenor, value; and through the Board of Commissioners, which From the court of the judicial commissioner will report on the case and sentence, and afto the Governor, in cases of the same descrip-ter his Excellency's confirmation of such sen

tion.

So that all cases which may be carried up by appeal from the courts of the agents of government to the court of the judicial commissioner, may be further carried up from that court to the Governor.

The Governor is thus the judge of appeal in the last resort from the local courts, and the principle of unity, considering the Kandyan provinces as distinct from the maritime, is preserved; and so far the system is good. But there is no sufficient reason why the causes which arise in the provinces should be carried through two stages of appeal, and the Governor is in no respect the proper officer to exercise the appellate function.

He does not hold any court of appeal, but refers the papers sent up to him from the judi

tence;" and by the 44th section," in all cases of treason, murder or homicide, the trial shall be before the courts of the resident

or of the second commissioner and his Kan

dyan assessors whose opinions as to the guilt of the defendant, and the sentence to be passed on any one convicted, is to be reported through the Board of Commissioners, with their opinion also, to his Excellency the Governor, for his determination."

In the Kandyan provinces there is no public prosecutor; or rather the functions of the public prosecutor are united with those of the judicial commissioner, the chief criminal judge. The observations which, in conjunction with Colonel Colebrooke, I had the honour to make to your Lordship's predecessor in office, upon the trial of Wilbawe Mudianse for high treason, in a despatch

dated 23d November, 1830, and the measures which your Lordship was pleased to adopt in consequence of that despatch, assure me that any further strictures upon this incongruous combination of duties are quite unnecessary.

I have now described to your Lordship, as far as I think it necessary for the purposes of this Report, all that can be properly called the judicial establishments both of the maritime and Kandyan provinces. But the sys

tem of forced labour which, as your Lordship
is aware, obtains in Ceylon, makes it neces-
sary that a power of punishing those who re-
fuse to work should reside somewhere. The
power of punishing of course suppresses the
power of investigating the facts which autho-
rize the punishment; and the functionaries
in whom these powers reside must be consi-
dered as in that respect, judicial.
(To be continued.)

THE TRADE OF KABUL.

Of

observed that there are six points within its territories where duties on merchandize are levied; viz. Kabul, Ghazni, Bámian, Charreekar, Loghur and Jalalabad. The transit duties at these several places in 1834 were farmed as follows:

Kabul.

1,40,000 × 40=56,00,000÷12 Rs. pr £ Str. £466,666+

Ghazni.

80,000×40=20,00,000÷12............ 266,666+

Bámian.

50,000 × 40=20,00,000÷12......
Charreekur.

Kábul, the capital city of an extensive, the value of the Trade of Kábul, it may be kingdom, is not only the centre of a large internal traffic, but enjoying eminent advantages of locality, ought to possess the whole of the carrying trade between India and Turkistán. A trade has ever existed between India and Afghanistan, the latter deriving from the former a variety of commodities foreign to the produce of its own soil, climate and manufactures, while she has little to return beyond fruits of native growth. Afghanistan is dependant upon India for articles indispensable for the convenience of her inhabitants, and the carying on of her few manufactures, as fine calicos, indigo, spices, drugs, &c. late years the introduction of British manufactured goods as fine calicos, muslins, chintzes, shawls, &c., has produced a new æra in this trade, superseding in great measure the inferior importations as to quality from India, and the more expensive fabrics from Kashmir. The consumption of these manufactures at Kábul, although extensive 2.98,000 of Duties. and encreasing, will from causes have a limit, but to what extent they might be transmitted to the markets of Turkistan, cannot be so easily defined. At the same time that British manufactured goods have found their way to Kabul, so have also Russian, and what is singular even, British manufactured goods may be found at Kábul which have been imported from Bokhára.

The anarchy reigning in Afghanistan for a long period, and the ambiguous political relations of the several petty governments at the present time established in it, have not been favorable to the prosecution of its commerce, yet it would appear that during the last few years the trade of Kábul has considerably encreased, the Custom House of Kábul, under the Suddozie Princes being farmed for only twenty-five thousand rupees per annum, and that of Ghazni for only seven thousand rupees per annum, whereas the last year (1834) the former was farmed for one lack and forty thousand rupees, and the latter for eighty thousand rupees-while the duties levied are at the same rate, viz. a chabalek,* or two and half per cent. ad valorem. With respect to

Viz. one in forty.

166,666+

10,000 × 40 4,00,000÷12..

33,333+

Loghur.

20,000.

40,000.

Merchandize. £993,331

of benefit to the State derived from direct This table only correctly shews the amount duties on merchandize, as duties are levied on the same goods frequently at two places, as at Ghazni and Kabul, &c. yet when it is considered that the farmers of them reap, or expect to reap a profit, and that smuggling to a very great extent prevails, while there is constant evasion of payment of duty through favor, power or other circumstances; the calculation that the Trade of Kabul, with her neighbours may be of the value of one million sterling, is likely to fall short of rather than to exceed, the truth. Of this sum £200,000 will be the value of its trade with Turkistán.

The opening of the navigation of the Indus, and the establishment of British factories at Mithankot cannot fail to have a salutarv effect in encreasing the extent and facility of commercial transactions between India and Kábul, and of inducing a much larger consumption of British manufactured goods both in Kábul and Turkistán. Perhaps no spot could have been selected for a mart on the Indus, offering equal advantage with Mithankot, being at once the key to the rivers

of the Punjab, and the point nearly at which | velvet, paper, cutlery, chinaware, gold and the merchandize of India is at the present silver lace, gold thread, button, needles, day transmitted to Afghanistan by the medium sewing silks, and cotton thread, iron bars, of the Lohani merchants. It was no trivial copper, tin, brass and quicksilver, iron and point gained, that by the selection, a great steel wire, looking glasses, with a multiportion of the extended trade will be confined tude of various little articles conducive to to them, as the limited trade is now. In- comfort and convenience would be readily dependantly of the wisdom of causing no disposed of. It is singular that not a sheet unnecessary innovation in the established of English manufactured writing paper can usages and practices of a people, the com- be found in the bazar of Kabul, while Rusmercial Lohaní tribes may be expected to sian foolscap, of coarse inferior quality lend every assistance to measures, which de-abounds, and is generally employed in the crease their labours and lengthened journeys, public departments. and encrease consequently their gains. They It may not be improper to enumerate some have long engrossed the trade between Kà- of the articles which form the bulk of the exbul and Multan, and the monopoly was and ports from Russia to Bokhara, specifying such is due to their integrity, valor and industry. thereof as find their way to Kabul, the exact No other men could travel even in Kaffilas from amount of the Russian exports to Bokhara, Kabul to Darband. The Lohanis pass vi et if an object to be ascertained, can be found armis, and as they pay no duties on the road, by reference to the Petersburgh Gazettes, if and the camels (the beasts of burthen em-accessible, in which they are printed.

ployed) are their own property, no other traders can afford to bring or carry merchandize at so cheap a rate, and they have therefore no competitors in the markets they frequent, able to undersell them. Moreover, at Kabul and Ghazni, on account of being Afghans, and in conformity to ancient right or indulgence, they pay duties on a lower scale than other individuals. But the Lo hanis, patient and persevering class of men, accustomed to a regular routine of trade, are from their habits, little likely to embark in any new speculations unless encouraged and invited to do so. Their caution, and perhaps apathy, cause them to form their investments of such goods as they know will sell, and by no means of such as may sell-seeming to prefer a certain but small profit to a larger but doubtful one. These reasons, I apprehend, account for the non-appearance of very many articles of British and Indian produce and manufactures in the Kabul market, while many articles are found there brought from Russia viâ Bokhara, which might be procured better in quality and cheaper in price from India.

In glancing over this imperfect list, it will In proportion to the extent and variety in be obvious, that many of the articles of Rusthe assortment of goods at Mithankot, will of sian manufacture most largly imported to course be the facility of introducing and dis- Kábul via Bokhara, ought to be superseded posing of them. At Quandahar, whose com- by similar ones from Bombay. From Orenmerce is very short of that of Kabul, but burg the point whence traffic between Russia whose merchants generally proceed to Bom-and Bokhara is principally conducted, there bay where there is no want of allurement to are sixty-two camel or Kalla marches, and purchase from deficiency in the abundance, from Bokhara to Kábul thirty-five camel or variety and display of goods, there are an Kafla marches, being a total of ninety-seven infinity of articles to be found, which are in camel or Kafla marches, independant of halts. vain sought for at Kabul. Of the commodities In the distance travelled duties are levied at of India and manufactures of Britain, which Khiva, Bokhara, Balkh, Muzzar, Khulum would find sale in Afghanistan and Turkish-Hybuk, Qunduz, Kahmerd, Sohghan, Bamian tån, the former are well known, and would remain as at present, the demand being only encreased as spices, indigo, muslin, fine sugar, drugs, &c., were diminished in price by the additional facilities which would be given to commerce, but of the latter a great variety of new articles might be introducedchintzes, fine calicos, muslins, shawls, &c. of British manufacture, have now become fashionable, and investments of broad cloth,

and Kabul. That the supplies from Bombay to Kábul have been hitherto inadequate for the wants of the market, is in a great measure owing to the sluggishness of the Afghan merchants; that they will cease to be so, may be hoped from the opening of the navigation of the Indus, and the conversion of Mithankot into a mart, which will bid fair to become a second Bombay for the merchants of these countries.

Broad cloth, largely imported from Bokha- I sometimes to form articles of dress, most frera, is a regular article of consumption at quently as facings and trimmings. Kabul, being used for the chupkuns, kabahs, sinabunds, &c. of the opulent, as coverings to the holster pipes of the military, and as jackets for the disciplined troops. Dark colors are generally preferred, but blue, scarlet and drab are also in vogue, and fine and coarse qualities are alike saleable.

Sewing threads and silks, I should suppose, would be as saleable at Kabul as at Bokhara, but I have never observed any of European manufacture here. They are brought from Bombay to Hydarabad, and may be seen in the shops there.

Gold and silver lace is brought from BoIn fine linens and calicos, the Russian fa-khara to Kábul of Russian manufacture in brics are unable to contend with British ma-large quantities; they are also brought from nufactures at Kabul either in quality or price, India, both of Indian and British manufacand some of the latter even find their way to ture. The quantity brought from Bokhara Bokhara. Russian chintzes are esteemed exceeds that brought from India. more durable than British, as being of coarser texture, but with less elegant or fast colors, ed from Russia to Bokhara, is introduced at Steel and copper wire very largely exportand although occasionally brought to Kabul, afford no profit to induce farther speculations. Kabul. I am not aware of the uses or extent of consumption of these articles, but the forSilk goods which are brought to Kábul mer, I believe, is used for musical instrufrom Bokhara, of Russian manufacture, and ments. Leather, Churm of Bulgar, is brought in large quantities, would appear to have from Bokhara to Kábul, of Russian preparation every chance of being superseded by better and in large quantities, being consumed in and cheaper importations from Mithaakot, or the construction of military and riding coats, even Bombay, were certainly the fabrics of horse furniture and mattarrahs or flaskets Bengal and China, if not England, must be for holding water, which every horseman conabundant. Amongst a variety of modes in siders a necessary part of his equipment. which silk goods are consumed at Kabul, Leather is also largely prepared at Kabul, permanent ones are in the under garments of and hides are imported from Bajore, Peshboth male and female inhabitants who can awr, &c. Paper of Russian fabric is brought afford it. The colors most prized are red,from Bokhara to Kábul in very large quanblue and yellow. Silk handkerchiefs of tities, and is much in demand. It is of foolvarious colors, and even black ones would scap size and of stout inferior quality, and probably meet a ready sale, as would some both white and blue in color as well as both articles of silk hosiery, as socks, and even glazed and unglazed. The blue glazed pastockings; silk gloves, lace, ribbands, &c. per is preferred, unglazed paper being even might not be expected to sell, there being no submitted to the operation of glazing at Kabul. use or idea of them. Kabul has its own silk Quantities of Russian Paper both glazed and manufactures introduced some twenty-five unglazed are annually exported from Kábul years since, by artisans from Haràt, un-to Quandahar; at the latter place is also found der the patronage of Shah Mahmud. At pre-ordinary white foolscap (perhaps brought sent there are eighty-eight looms in employ-from Bombay), but which from the water ment, each of which pays an annual tax to marks would appear to be of Portuguese fathe state of twenty-three rupees. The articles bric; the same article is also plentiful at Hymanufactured are plain silks, called kana-derabad, and may perhaps be manufactured vaiz, red, yellow and purple. Durahee of at Daman. Paper for the Kábul market should slighter texture, less width, and of the same be stout, to allow facility of erasure, and on colors. Suja khanee, of large and small this account, and with reference to the nature width, red ground with perpendicular white of the ink employed, glazed paper is most lines. Dushmals or handkerchiefs, black prized, which is prepared by saturating the and red with white spots, bound by females unglazed fabric in a composition of starch, around their heads, and loonghees hum-and subsequently polishing it. No duty is mámá, or for the bath. Raw and thrown silks paid on paper at Kabul. are imported from Bokhara, Quandahar and Harát, and raw silk is procured from Tazhow, the districts of the Sufaid Koh, Koh Daman, and the neighbourhood of Kabul: the thrown silk of Harát is preferred to that of Bokhara, and the latter to that of Quandahar, while silk thrown at Kabul from native produce is preferred to all of them.

China-ware is some times exported from Bokhara to Kabul. But generally of ordinary Chinese fabric. It is also in a certain demand, which is likely to encrease from the growing habit of tea drinking, &c. Articles of British China-ware are occasionally seen, but they have been brought (probably from Bombay) rather as presents than as objects for Velvets and satins, of Russian manufacture, sale. In the same manner tea trays and are brought from Bokbara to Kabul, where other conveniences are found. China-ware, there is a small but regular consumption. stone-ware and even the superior kinds of Velvets being employed some times for ka-earthern-ware, would no doubt find a sale at babs and to cover saddles, &c. This year the Kábul, if the charges on their transmission battalion soldiers were furnished with caps from Bombay or Mithankot would allow of the of velvet, all of Russian fabric. For kabahs, speculation, but the articles should be of a black velvet is most in request, but red and solid nature, and fitted for the uses of the green are also used. Satins are employed purchasers as plates, dishes, basins, bowls.