over the weaker, and has ever since continued other. The monstrosity of preventing such to assert his dominion more or less as circum- widows from marrying appears first to have stances have either tended to emancipate or to atracted attention, and led to legal enactments. enslave the weaker sex. Hence it is that in We accordingly find in Munoo an express text, savage and semibarbarous countries, we find daclaring the marriage of widows who have the weaker sex treated with greater severity, not known their husbands to be lawful. He and less respect, than in those that are highly also speaks of "twice married women." The civilized. In the former, the weaker sex, inca-following is a remarkable passage in Munoo, pable of defending her rights against the su-bearing to the question at issue. Descirbing perior strength of man, has been subdued by the different kinds of sons, he says, "he whom him to such a degree as to be looked upon as a woman, eithir forsaken by her lord or a his property and not his companion and co-widow, conceived by a second husband, whom partner, and he has, under the false notion that she took by her own desire. is called son of a she is really such, taken upon himself not only woman twice married." He goes on;—“ if on to defend her against her enemies, which is his her second marriage she be still a virgin, or if duty, but also to exercise an undue controul she left her husband under the age of puberover her, as if she had no free will of her own. ty and returned to him at his full age, she must Thus he guards her motions with a degree of again perform the nuptial ceremony, either jealousy which may well astonish the unpre- with her second or her young and deserted judiced and phyiosophical enquirer into the husband." Among Hindoos the nuptial cere. works of nature. In regard to the mind, the mony is not considered consummated until the disparity between the strength of the sexes is marrying parties have known each other; a less apparent, and it is questionable, whether part of the ceremony cannot therefore be perthe intellectual superiority that may be point-formed until the parties have come to the age ed out as exis ing in man, could not be traced of puberty. It is in allusion to this custom, to fortuitous and accidental causes to the sys-that Munoo here speaks, and prescribes that a tem of education and training which he him-virgin widow, under the circumstances menself has by his superior bodily powers thought tioned, must again perform the nuptial cerefit to establish. On the contrary, in highly mony with her second husband." From which civilized countries, where the powers of the the plain inference is, that a widow, who has mind are more conspiouausly developed, the known her husband and in whose case the rank which the weaker sex holds is far nuptial ceremony has been consummated, may more respectable and dignified: here her marry again without performing those certain intellect keeps pace with that of man, and nuptial ceremonies which are prescribed to instead of being his slave, she enjoys with virgin widows marrying a second husband. him a share of his sovereignty over the crea- Here then we have in Munoo-the highest aution. It is chiefly to these natural causes that thority among Hindoos, and of whom it is we must trace the conditian in which we at said, that "whatever law is contrary to his, is present find the women of our country. The not commendable," a plain and clear recognidegradation and hardships they suffer heretion of widows marrying-even of those witake their rise, but accidental circumstances to which society, particularly in this country, has been subjected, have since increased the evil.

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dows who are not virgins. And what is very remarkable we do not find in this respectable law-giver any passage in which the marriage of widows is forbidden. Munoo indeed says, that it is sinful for a widow who has known her To treat in particular of the misery entailed on husband to cohabit with another for the sake our women by the custom which forbids the of indulging in sensual enjoyments; but, whatmarriage of widows, we must tarce it to the jealously with which the stronger sex has been ever may be the construction now put by interested Brahmins on this passgae, the very led to guard the possession of the weaker, and to consider her as a species of property which manner of expression plainly shews that it is directed against illicit and unlawful indulgence each possessor had a right to dispose of accord-in which the sensual enjoyment is the only obing to his will and pleasure. Not satisfied ject in view. If it were intended to forbid with such lordly possession during life, he ex- widows from marrying, why have we not a tended his jealously even beyound it and though aware, that his conection with worldly positive injunction to that effect? Why the possessions must cease at the hon of dissolu-very followers of the prevailing custom are

:

tion, was determined to establish customs whereby the woman once possessed by a man, could not transfer hereself to the possession of another, even after death had put a termination to the right of her first possessor. Indeed, among certain classes, so great became the jealousy with which widows were guarded from marriage, that our ancient legislators and sages found it necessary to place some check on the exercise of this undue power over the weaker

sex.

The evil of it was undoubtedly more conspicuous, in the case of those women, whose husbands died before they had known each

forced to defend their opposition to second marriage on an inference drawn from a text which recommends second marriage under particular circumstances?

Prachin Shrinty and its commentators, have much clearer passages on this subject. They declare, without limiting the expression to widows who have not known their husbands, that absence of the husband, (without any accounts of him for twelve years) his death, his embracing a life of ascetism, his impotency, and his becoming a patito are circumstances which

a

authorize and require a woman to take another some, it is therefore but right, now that the husband. subject is under consideration, that he should come forward and shew why, in the face of the There are other arguments to confirm us in clearest records, he has made the above this opinion. Munoo and the other writers usu-assertion. ally quoted on this subject were men, and the authority attached to their writings is grounded on the supposition that they were the oracles But even if arguments were wanting to estaof the divinity. But Ram who lived long after blish the existence of this practice among the these writers, and whom every Hindoo believes Hindoos of former days, surely the innumerato be the incarnation of the divinity-the divi-ble evils which are now produced by he exist nity himself, has by his examples and precepts ing practice would be a sufficient inducement thrown a good deal of light on the subject. In for its total abandonment. Any human being the Ramayan, which is the history of his life and that is acquainted with his own nature and the actions, we read of his having sanctioned and effects of this climate on it, must admit that superintended the marriage of Raban's widow, the practice of prohibiting marriage must be after she had several children by her former source of evils of the worst description. husband, to Bhubhison. He also married Tárá Legislators may enact unnatural laws and the widow of Bali, who also had children by her tyrants may reduce those laws into practice former husband, to Sugriva. These instances by means of brute force; but neither the one are on record; but how many more such in-or the other can change the course of nature. stances might have taken place of which there The very attempt to oppose the order of things is no record, because they were considered stablished by her supreme wisdom and peras matters of common occurrence and nothing vert her course is to bring ruin and destruction on her beautiful works-t is to destroy the extrao dinary, which could require there being reco ded as historical facts. Here then we have economy of the creation and to reduce a parathe example of the deity himsel as a commen- and glowing description of the evils that origidise into chaos. We could here give a detailed ta y on the texts in question, and we ask what nate from the practice we are condemning, and Hindoo will dare to dispute the authority. illustrate our remarks with accounts that would Mahabharut also furnishes examples of this strike the reader with pity and horror. But Kind and corroborates the acts in ques-we shall not lift up the curtain-we shall not tion. expose to the view of a moral and compara

a

The influential members of society, in an un-tively innocent public, scenes which cannot but polished or semi-ba barous state, though arro-be revolting to their feelings and which are too gating to themselves undue rights over the gross for their contemplation. Suffice it to say weak, are yet the foremost to dictate to their that we have known many parents, who notdependents and to maintain order among them withstanding the most ardent affection for with far greater rigour and pertinacity than their daughters, have prayed for their death civilized race of people would do. Hence we on the demise of their husbands. This unnacommonly find among the lower orders of the tural wish-this sacrilegious prayer is offered people various monuments of antiquity of which up under the idea that death is preferable no trace is to be discovered among the better to dishonor of which the abominable cussort. The Punchait and Dusmookhy, for ins-tom we are deprecating is almost the sole tance, are yet in vogue among various castes of cause. This circumstance, for the truth of lower orders of Hindoos; but the better classes which we vouch, may convey some idea of the have abandoned them and adopted the modern evil-the cause of which continues in full opeway of conducting judicial proceedings. Thus ration, and its awful effects are of course every in regard to the marriage of widows, than which day being felt and manifested. nothing is more common among the lower orders of the people, their example may strengthen the presumption that this practice was once universal: but that owing to the causes we have already explained it was abandoned and an arbitray and unjust system established in its stead.

This is however one of those subjects which by their very nature are placed beyond the reach of the legislative authorities. We really cannot suggest any means by which our rulers can remedy the evil or even assist in checking it. It is however a great consolation to hear that some of the leading members of It is as well to notice here a passage in Mac- even the orthodox party are at present discusnaghten's Hindoo Law. It is as follows: "Se-sing the expediency of permitting widows to cond marriages, after the death of the husband marry. The evil is so loudly calling for refirst espoused, are wholly unknown to the Hin-medy, that it is rather a matter of wonder that doo Law." How far this assertion is correct will be seen by the quotations we have made. In those quotations second marriages, not only in widows who have not known their husbands, but even those who have, are recognized and recommended. Nothing therefore can be plainer than that second marriages are well known to the Hindoo Law. Mr. Macnaghten is a living author, and his authority may have influence on

something has not yet been done, than that even the orthodox are disgusted with that which but a few years ago was considered by them as one of the most cherished customs of the country. This s irit of inquiry, which bas been at length awakened, we trust, will not be permitted to cool, but in time produce the full measure of good which we are led to expect from it.-Reformer.

RESUMPTION OF RENT-FREE TENURES.

(Continued from page 130.)

The investigation into the nature of the There has been much talk of the supineRent-free Tenures of this country, which has ness hitherto evinced by the Government in of late been enforced by the Government, not sooner adopting-as they have at last appears at the present moment to consti- done-a decided course which would have tute a favorite subject of discussion. The enabled them long since to bring these cases public prints have within the last few to a speedy adjustment. I do not deny but months been employed, some in advocating that much unnecessary delay has occurred, various measures of improvement connected but those who censure should reflect upon with the administration of the Law in these the multitude of political transactions of cases, others, in reprehension of several re- vital importance to our interests, in which, cent orders to the State, and of the mode and until the last few years, this Government has existing regulations by which the proceedings been engaged; and that in point of truth it is of the Courts of Justice are conducted. I only a short period since we have had time to am glad to perceive that this spirit of enquiry examine into the actual condition and the is abroad. The Resumption Regulations (as real extent of our dominions. But to those they are called) have hitherto been little re- who would urge that length of occupancy garded and less understood, except by those under the British rule, ought to plead in fapersonally interested, and occasional dis- vor of the occupants of these lands, I would quisitions into the past and present proceed- observe that the Government has neverings of our rulers will prove of essential since its existence-lost sight of its claims benefit both to the people and to the Govern- upon these Tenures. The different Regulament; which latter has met with much tions promulgated from time to time upon the undeserved censure. I happened, of late, to subject were quite sufficient to keep the pohave been so situated as to have enjoyed the pulation aware not only of the undoubted opportunity of observing the practical enforce- right inherent in the Government, but of its ment of these Regulations, and I will hazard intention to avail itself of it. Mr. T. Law the remark that the Press appears to me to and Mr. Seton, Messrs. Bushby and Holt have been brought into play, before its con- (I talk of a period before 1793) exercised ductors have made themselves sufficiently provisional powers of attachment and release, acquainted with the nature of the subject Regulations XIX. and XXXVII. of 1793, upon which they treat. I allude to the Cal- were subsequently promulgated in the procutta Press, to which the admirable article in vinces of Behar, &c. followed by others, too the 4th Number of the Meerut Magazine seems many to name, all over British India, though to have given an impetus. I will commence therefore many may have grown gray while with the Reformer, who has not been very in possession of their Tenures, yet as that moderate in his animadversions, or accurate possession has all along been declared to be in the data upon which they are founded. illegal, of which the occupants were themHis alleged grounds for complaint are chiefly selves well aware, it is rather hard that this argument should be thrown in the teeth of a Government, who if it has procrastinated its movements, has thereby been sole loser. As to the production of the original documents 2dly. That the Court of Directors have expressly that it is only those who for various reasons after 70 years of our rule, it is to be noticed declared their intention that the investigation into, and decision of, these cases should not be entrusted to Collec- and designs purposely neglected to register tors, which intention from Home the Local Government their Deeds in 1793, and enter at the same has utterly disregarded. time attested copies of their papers, who suffer from the difficulty of producing Deeds of so remote a date; and as the injunctions of the Law were as simple as imperative, and as the penalty for disobedience was distinctly stated, I can yield those who have subjected themselves to it no commisseration. If those who really pessessed original Deeds (since lost) by which they held their Tenures, had registered them in 1793 they would have been secure against all future contingencies, and entitled to all the consideration which their documents merited, as that was only the 28th year after the Dewanee, viz. 1765,-it may be reasonably supposed that the various families still retained their Title Deeds and much of the story relative to

these:

1st. That it is unreasonable to suppose the documents executed 70 years ago could have been preserved

to this date.

3dly. That the Subordinate Native Officers of the Courts receive a percentage of 25 per cent. " upon all cases of resumption," in which they may have afforded "useful information," from which supposition he draws the following corollary, viz., that the cop es of documents and other papers registered in accordance to the provisions of Regulations XIX. and XXXVII. of 1793, were placed among the Records of the various Collectorates; that those Records are in the hands of the Record-keepers, that these Record-keepers keeping steadily in view the prospect of the 25 per cent. destroy or make away with the said written evidences, and that therefore unless the parties concerned double the fees of these officers by a bribe equal to 50 per cent., they have not the slightest chance of obtaining justice. The last is the most serious and moreover the most erroneous charge of all.

Y

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the "70 years" seems to me to fall to the bounden duty to afford; and in the second, as ground. the Kheyr-khahs, are always interested parThe order of the Court of Directors (so ties, and generally consist of the dispossessed triumphantly quoted by the Reformer) in Maliks of the lands brought to notice, with their letter of the 28th September 1831, is now whom, in the event of resumption a permanent wholly inapplicable to the state of the ques-devotion to the interests of the Government settlement is expected to be effected, their tion, for Special Officers are almost every where appointed. It is however difficult to has not been considered so great as to merit a please some people; for though separate Offi- premium. If therefore the practice ever cers are employed in these duties, the Reformer existed it has certainly fallen completely into still cavils." The only reason," says he, disuitude. But were it even prevalent I can"for the appointment of these Deputy Col-not but think that there would exist good lectors, appears to be the great excess of grounds for apprehension on the part of the work in the hands of the Collectors who can- Government, rather than on that of the peonot pay that vigilant attention to the resump- future remuneration, uncertain as to amount, ple, for rely on it that the vague prospect of a tion case as the Government require." What would the Reformer have? Really the Resump-would never be regarded by faithless servants disposed to corruption, (as the Reformer seems tion Laws seem with him to constitute a malady "nullies medicabilis herbis." to consider all Record-keepers) in the same light as the tempting bribe which might be Now to the percentage of the Native officers proffered for a favourable Kyfeut.' Seeing, and others. To the gross and almost ludicrous therefore, that the Special Deputy Collectors misstatements that have appeared and re- are in fact Judges, and have nothing to do mained uncorrected, is to be attributed the with the Collectorates, and revising the represent communication. As the Reformer mark of the Reformer, I hold that " proper has himself corrected his erroneous assertion officers" are appointed for the task," and relative to the percentage allowed to the that the " poor people" are not called upon to Covenanted Officers of the Company, I shall "produce Sunnuds 70 years old," where they say no more than that the following sneering, or their ancestors exercised the simple cauand ill-judged remark does in my opinion no tion of registry, which was dictated by prucredit to his columns. "Stimulated by the dence and enjoined by law. hope of reward, the Collectors no doubt, find the business of investigating the titles of rentWell do you say that the "notice given in free lands, a more agreeable task than their 1793, must have been present ever since to the other duties, which under such circumstances minds of the Landholders, to those who sold must be neglected, whilst this lucrative one is and purchased Lakhiraj Lands." The knowardently pursued." How does this extract ledge which these parties and their ancestors square with the one above? Can he not investigate with deliberation and express himself with courtesy when treating on such an important subject? I trust that there will be no more such silly vituperation. It can neither please himself or the public, that a flourish of indignation on one day should be succeeded by an unwilling peccavi upon the second. The Reformer is vulnerable more than enough, when he conceives himself On the whole, Mr. Editor, assuming as I do alluded to personally; it ill suits him there- that the Government possesses the undoubted fore to venture on such ridiculous imputation. right of investigation into, and resumption of, As to the percentage authorized to Native the illegally-held rent-free tenures, for which informers, I cannot agree with you that it is opinion I have sundry cogent reasons to state, excusable; on the contrary, I feel convinced should the point be contested, I consider that that from the general feeling against the plan the defendants in these cases are treated with it has never been followed up by the various the greatest equity and indeed with much Officers intrusted with these duties. After delicacy. Previous to a final decree they much enquiry I have not found a single in-are furnished with the officer's reasons for stance where informers of any description, considering their estates liable to assessment much less Native Officers, have been re- that they may enjoy the opportunity of better compensed. The measure has never had, stating their objection-free access is allowed and has not now, any practical effect what- for the inspection of the records-no less a ever. These cases are commonly instituted period than that of six months is allowed in two ways-either by the Deputy Collector them with the option of an appeal, during which himself when by inspection of the records of time they remain in possession as before, all his office, he detects any tenures of a suspici- detriment falling upon the Government-the ous character, or by the information and peti-Special Commissioner moreover, should he tions of Kheyr-khahs, as they are denomi- deem it advisable, may in the event of appeal nated. In the first instance there is no in-maintain the parties in possession even after the formation given by the Record-keeper to his half year has elapsed, upon the very moderate superior, but that which is gleaned from the condition of their furnishing such security as papers in his Sarishta, and which it is his may provide against loss should the decision

possessed of the questionable nature of their tenures, will alone account for the very extensive sales and alienation of lands of this description, which will be found upon investigation to have taken place; and for the small sums which they fetched when sold. The natives of this country never were either so improvident or ignorant as many would wish us to believe.

ultimately prove unfavourable to them-add We have no objection to follow the writer to this that in most cases where there are in this arrangement of our arguments on the good grounds for the indulgence, a settlement subject; but it appears to us that the first and is allowed by Regulation XIII. of 1825, to be third of these propostions may be reduced made with the occupants upon a Jumma-nisf to one, or at least disposed off together; so -and I hold that these Landholders have dependant are they upon one onother. Bebeen and are treated with singular lenity. fore proceeding it is however necessary to I have heard too, that measures are now in contemplation for securing a provision for life in all cases, where those in possession are ousted. I am not aware of any of the details of the proposed arrangement, but a measure of the kind will be one of the greatest humanity and beneficence, and the gratitude of all concerned, is indeed due to those who proposed it.

correct an error into which AN ASSISTANT falls regarding the grounds of our complaint. He is, it seems, determined to believe that we question the right of a Government to inquire into the extent of its possessions and resume to itself such lands as might upon inquiry appear to have been fraudulently withheld trary, we have repeatedly stated that consifrom it. We do no such thing; on the condered in the abstract, we would deny to the These remarks, cursory as they are, have Government the right of alienating any porextended to a greater length than was meant. tion of its possession from the service of the I trust that they will have the effect of indu- country at large for the purpose of giving it cing those who comment upon the resumption away to certain favoured individuals. Viewregulations to keep to the point. The pub-ing a Government only as trustee for the lication of erroneous statements and the mere people, and not absolute owner of the country, idle abuse of the proceedings of the Govern- we maintain that it cannot, without violation ment, concocted between prejudice and ig-of duty, deprive them of any portion of their norance, cannot fail to excite still further the revenue. But then considering the peculiar general discontent which may be said at pre-circumstances under which India came into sent to exist, without at the same time benefit- the hands of the English and the pledge ting the parties interested in the remotest which the former Governors-General were degree.-AN ASSISTANT, Correspondent of the obliged to give in consequence of those peculiar circumstances, we are obliged to look upon the question between the British The arguments marshalled out by AN ASSIS-Indian Government and its subjects as an TANT-a signature betokening the youth and inexperience of the writer, are however mostly those which were urged by PHYLOLETHES in his discussion with others in the newspapers of Calcutta. A reference to these would have saved the writer the trouble of inditing his letter and his readers that of perusing as fresh arguments what was familiar to them. But as he has come forward, we shall follow him up with some remarks on the subject. The writer commences the attack by reducing our complaints on this sub-ward to condemn the conduct of Government ject to the three following charges:

Calcutta Courier.

1st. That it is unreasonable to suppose the documents executed 70 years ago could have been preserved

to this date.

2dly. That the Court of Directors have expressly declared their intention, that the investigation into, and decision of, these cases should not be entrusted to Collectors, which intimation from Home, the Local Government has utterly disregarded.

"

exception to the principle. Whatever may be the other features of the question, the Indian Government, in the name of the British nation, are pledged not to disturb these possessions, and it is necessary that they should not violate that pledge: first, because, if they do, they cannot secure the confidence of the people: and secondly, because it would be an act of injustice and would form a dangerous precedent for future Governments. These are the reasons on which we have come for

in the present instance, and not from any personal or interested motives which we have informed the public that we have nothing to ere now clearly disclaimed. We have already do with rent-free tenures on the one hand, nor on the other are we employed, as AN ASSISTANT, under Government, who may hope to get 500 per mensem added to his salary for writing articles in its favour on the subject of resumption.

3dly. That the Subordinate Native Officers of the Courts receive a percentage of 25 per cent. But to return to the question of the right upon all cases of resumption," in which they may have by which the rent-free tenures are held there afforded "useful information;" from which supposition are but three ways of proving the right title of he draws the following corollary, viz., that the copies the rent-free holders, viz. The production of documents and other papers registered in accordance of the original sunud bearing date prior to to the provisions of Regulations XIX. and XXXVII. 1765, the evidence of living witnesses, and of 1793, were placed among the Records of the various the official registries made in pursuance of Collectorates; that those records are in the hands of the regulations which have been promulgated the Record-keepers; that these Record-keepers, keeping to that effect. The two first kinds of proofs steadily in view the prospect of the 25 per cent. destroy it is utterly impossible to produce. We have or make away with the said written evidences; and that therefore, unless the parties concerned double the fees no witnesses now who can speak of transacof these officers by a bribe equal to 50 per cent., they tions that took place prior to 1765. And we have not the slightest chance of obtaining justice. The have already shewn that, in consequence of last is the most serious and moreover the most erroneous accidents and risks to which documents in charge of all. this country are liable, very few, if any, can