produce papers of a date prior to the above | the subject. Let him do this and inform period. Indeed these difficulties were so himself of the particulars of the subject bepointedly felt in the time of Lord Cornwallis, fore he ventures to write upon it again. which was only 29 years after the above On the subject of the percentage allowed period, and even before, that that nobleman to informers, AN ASSISTANT has a whole paconsidered the occupancy as a sufficient proof ragraph devoted to the exposition of an error, of the right of individuals to be allowed to into which we fell some time ago, and which continue in possession. The registry then was corrected by the Hurkaru. From the remains as the sole proof by which it is pro-year 1793 to 1808 this percentage was allowed posed to test the claims of individuals, and by public enactments, and after rescinding one on which AN ASSISTANT lays no little stress. that regulation, to 1819 by a circular order to This registry, it is true, was ordered to be which none but the functionaries of Governkept in a very careful manner. One copy of ment have access, was afterwards withdrawn it was to remain in the office of the Collector, in a similar manner by a resolution of Goanother to be filed in that of the judge of the vernment dated the 19th June, 1828. The district, and a third copy was directed to be latter fact did not come to our knowledge, transmitted to the Board. Such were the or- and we argued on the supposition that the ders on the subject: but these orders were order of 1819 were yet in force, until set right not followed up in practice. Instead of keep-by the Hurkaru, when in the very next numing regular books of registry and authenti-ber we explained, and pointed out how the cating each entry by the signature of a cove correction had made our case considerably nanted servant of Government, only copies stronger. This is the head and front of our of the sunuds that were presented were kept in the archives of the collectorates, without any authentication and without any duplicates or triplicates being sent to the judge and the Board. There can be no doubt that papers kept in this loose way would be entirely at the mercy of the record keepers. As things stand these documents can be modified or reduced in number ad libitum. Numerous instances are known in which copies of "As to the percentage authorized to Native informers, I cannot agree with you that it is excusable; on sunuds were never filed, and yet by paying a the contrary, I feel convinced that from the general sum to the record-keeper the copies were feeling against the plan, it has never been followed up found in the record, whilst many, who had by the various officers intrusted with these duties. Afregistered their claims according to the regu-ter much enquiry I have not found a single instance lations, but refused to satisfy the corrupt where informers of any description, much less Native umlahs, had the registry of their sunuds officers, have been recompensed.

offence, and to the exposition of this the writer in the Courier has thought fit to devote a whole paragraph, calling our unintentional error gross mis-statement." So far for his fairness and courtesy, of which he makes so great a parade. The following is a remarkable passage in the letter of AN ASSISTANT on the subject of percentage :

ever."

The measure has

Can any

struck out from the record. At present there never had, and has not now, any practical effect whatis no registry or copy in any Collectorate on which the least dependence can be placed, Here is a confession that the Regulation If there had been a regular registry of these offering bribe to informers is honored more in claims we cannot conceive what use there its breach than in its observance. would be of making any further investigation thing be more self-damnatory than the above in the matter. If all the authentic sunuds extract. It is precisely against this regulahave been duly registered, and the people tion that we have been arguing, and after informed by repeated proclamations that none leading us a round-about way to various who had not registered his claim would be ramifications of the subject, the writer comes entitled to the consideration of Government, at once to the point, and fairly gives it up! then the Government possess the means of This is surely a novel way of making defence, settling the whole affair at once. They need and we would strongly recommend to Gobut publish that by their registry they find vernment the expediency of encouraging such and such lands are properly rent-free, such advocates with increase of salary adeand such and such not being in the registry quate to their zeal, industry, and tact in maare accordingly resumed. But this has not naging the cases they undertake to defend. been done, and cannot be done for this very "A labourer is worthy of his hire"! But to good reason, that these registries, if they do be serious, if this regulation be such as AN exist in some office, cannot be depended ASSISTANT describes it, why in the name of on. If this is not a plain argument to nullify common sense, not rescind it at once? Why all that has been urged on the ground of allow it to stand as an anchor of hope for the these registries, we confess we cannot find informers, and then in practice deprive them any other that would produce conviction in of the reward they expected for affording If AN ASSISTANT be a fiscal officer of "useful information?" We have heard of Government, let him look into the records of honesty among rogues, which leads them to his office, and ascertain if any registries exist, be faithful in the sharing of the booty they in what manner they have been kept, whe-acquire, and which is certainly a redeeming ther they could not be subjected to interpola-feature in their general character. Is our tion and other abuses, whether they can be Government to be denied even this redeemdepended on, and such other particulars as ing feature? Such indeed is the natural he may consider calculated to throw light on inference from the premises laid down by AN

the case.

ASSISTANT; but we hope, for the credit off to have the full benefit of it; if on the conGovernment, it will not receive confirmation, trary their claims be invalid, they ought to be by the circumstance of allowing such a regu-deprived of all the advantage derivable from lation to stand unrepealed. If this promise such invalid titles, and the Government ought of percentage was made only to be broken, to resume the whole in behalf of the nation. the circumstance does but add to the foul- Justice cannot admit of compromise, and this ness of the blot, whilst it serves in the hands arrangement of nisf-jumma is a perfect anomaof the corrupt amlahs, as a pretence for ly in the civil jurisprudence of any enlightextorting money from the people. Let the ened country. But the fact is that this nisfcase be considered in any manner the Go-jumma is accepted with the view to avoid vernment cannot be justified. appeal from the decision of the Collector to

appealing to tribunals where he stands a better chance of obtaining justice than in the Court where he has been cast, and this only in cases where the Government are satisfied that their claim is a doubtful one. But in all cases in

AN ASSISTANT has much to say on the treat-the established tribunal where the defendant ment of the rent-free holders. The whole as a much better chance of justice than he force of the argument rests on the "delicate" had in the Collector's Court. In short it is and "equitable" manner in which the claims an amicable arrangement offered by Govern.. of the parties are investigated and the timement in the capacity of the successful comallowed to them for appeal. But what is all plainant, to prevent the defendant from this compared with the disappointment which is caused by resumption of lands, the occupancy of which has been considered by former Governors-General as furnishing a sufficient claim to undisturbed possession, which in many cases have been accepted by Govern- which they are sure of success, such comment as securities for the conduct of their Promise is never sanctioned. It is therefore financial and other responsible officers, which provided in the very regulation, that such have been sold by Government functionaries nisf-jumma will be made with the parties by a for the recovery of defalcations, and other special report to and under the sanction of public dues, and which have on these very justice of this arrangement. Government. So much for the lenity and accounts fetched higher prices. The hope of undisturbed possession thus offered to rentfree land-holders, was more fully confirmed by the proceedings of the Baze zemin Dufter. Before proceeding with the subject, we must, This was an office established previous to however, correct a slight error we fell into in 1793. Its business was to investigate the our last, regarding the dates of the different claims of rent-free holders. During its con- measures adopted by the Local Government tinuance, investigations were made, some in this matter. We ought to have stated that lands resumed, and others given up to the section 13 of Regulation XIX of 1793, authoowners. The people accordingly concluded rizing a commission of 25 per cent. on the that their claims had passed the ordeal, and juma of such rent-free lands as may be rewere satisfied that they would not again be sumed, to those Collectors who may be the tried. The present owners of these lands, successful prosecutors in these cases was assured by so many concurring circumstances rescinded by 2d clause of the 2d section of and the long silence of Government that their Regulation II of 1819, instead of in 1808, as possessions would remain undisturbed, have we stated in our last. It is worthy of notice made their arrangements for the transmission that just as the Government rescind that pubof these possessions to posterity, and have lic enactment by another public enactment; spent upon them large sums of money and they immediately make offer of the same premuch labour. They are now, however, to be mium to the Collector by a private circular, deprived of these possessions if they cannot in fact the measures adopted in the year 1819, produce a registry which does not exist, and in this regard, resolve themselves into a transwhich, if it did ever exist, was liable to all fer of a public and open offer into a private the abuses which we have already pointed and secret one. The reader will no doubt be out; particularly when the record-keepers surprised when we tell him that this was done were interested in making out a good case during the administration of the Marquess of for Government. The comparison between Hastings, the moral rectitude of whose meathese hardships and the delicacy shewn insures in other respects no one has been able to the investigation of the rent-free cases, cannot, therefore, be considered as just and equitable.

impugn. But why was this done? were the authorities ashamed of declaring to the public what they were not ashamed of doing priTowards the conclusion of his letter AN any but an affirmative answer to the query, vately? The transaction scarcely admits of ASSISTANT says "that in most cases where and we apprehend the most devoted advocates there are good grounds for indulgence, a set-of Government will not in this instance be tlement is allowed by Regulation XIII. of able to clear it from the imputation of acting 1825, to be made with the occupants upon a interestedly, whilst professing liberal princijumma-nisf, and I hold that these land-holders ples before the public. have been, and are, treated with singular lenity." This is certainly a strange way of administering justice. If the titles of these land-holders be valid, they ought certainly

The following extract from a letter of the Honorable the Court of Directors to the Bengal Government, dated the 23d June, 1830,

will at once prove all we have been asserting as to the practical operation of this odious law.

"The Reformer rejects the principle of compromise as a perfect anomaly in the civil jurisprudence of any country!" as if it did not occur every day both in and out of Court, and were not sanctioned by many parlia"In the report for 1815 for the Lower Provinces the mentary examples. A judge must decide a case upon its Superintendent says a considerable number of new merits when it comes to a hearing, but he may and does suits filed, have for their object the annulment of resump- often recommend an amicable settlement. The party, tion and assessment made under the Provisions of Reg. to whom a compromise is offered, is not bound to take 2nd. of 1819. It is of great importance that the Go-it, and will not do so if confident of his right." vernment should be correctly informed of the mode, in which the powers vested in collectors under that ReguNo lation and Regulation 7 of 1825 are exercised. documents sufficient to explain the matter fully have hitherto been brought before us, but it is evident, from the reports and statements of the Superintendent, that instances of great injustice and oppression by the Collectors have occured, and that the party aggrieved has had no redress but by an application to the Courts, who have reversed the decision of the Revenue officers. Every report of the Superintendent refers to some cases of this kind."

This is surely an account of the practical operation of the law in question-an account authenticated by the sanction of one of the highest authorities in the British Indian administration.

Justice, by its very nature, admits of no compromise: it must be either for one or the other of the litigating parties: but amicable arrangement in doubtful cases (in which justice is always compromised) is no anomaly. It is even justifiable between subjects and equals: but between Government and its subjects, especially a Government like ours, built on the foundation of ancient despotism, and ruling a nation habituated to slavish submission to the tyrant's will, the character of amicable settlement becomes very different-it is like the adjustment of claims between the lion and the fox, which has given rise to the proverb of the lion's share.

1788.

"The revision of sunuds must always be expensive,

troublesome and alarming to the landholders, and in

We now come to the subject of the appointment of Deputy Collectors. Before treating A comparison of the circumstances under of the Deputy Collectors now appointed we which the Collectors acted at that period shall lay before our readers a few unquestionwith those under which they act now will able authorities which condemn the invesprove that, instead of being more lenient titure of judicial functions to fiscal officers, towards the rent-free holders, they have particularly in cases in which the Governevery inducement to be more severe in the ment are the complaining party. It is an practical operation of the existing resump- admitted fact that before 1793 the service tion laws. Regulation II. of 1819 provided, was in a very corrupt state, and much tyranny under certain conditions, that if the defen- and injustice was practised over the people. dants chose they could appeal their case Even then a Mr. Law, one of the Collectors from the Collector's decision to the regular of those days, reprobates the resumption Rejudicial tribunals: but this privilege has been gulation. The following is an extract from taken away by the 2d and 3d clauses of sec-his letter to the President and Members of the tion IV. of Regulation III. of 1828, by which Board of Revenue, dated 25th September, the extraordinary judicial power is vested in the Collector, and he is thus made almost omnipotent in the matter. Now from these facts we argue thus:-if when the Collectors had general unprofitable to Government; no Collector has less power, and their defendants had the pri-time, his delegate therefore may terrify, extort money, vilege of appealing their case to the regular and release estates, and as I before ventured to suggest judicial courts, they did injustice in the prac- "It appears unjust to molest any one in possession tical operation of the resumption laws, as is without the appearance of an injured party," and for clear from the extract we have made from the this purpose in my letter under date the 23d June, 1786, letter of the Court of Directors, how much I recommended that the head assistant should be prosemore injustice they must now be committing cutor on the part of the Company with a percentage, when they enjoy more power, and when their and the Collector decide the claims in the Adawlut from defendants have not the privilege of appeal-which an appeal lies to either party. The Natives caning their cases to regular tribunals! Extraordinary instances of particular lenity may be found at the present enlightened and reforming era; but these must be only exceptions to the general practice of which we have not been informed. Man is the creature of circumstances, and will generally act as he is influenced by them; we have therefore every reason to believe that the Collectors, situated as they now are, do act in a worse manner than described by the Court of Directors.

On the subject of compromise offered to defendants by Government, the Courier has the following observations.

The italics are ours.-Ed.

not then complain" of their inability to assert their rights, the Judge being interested in depriving them of their estates and consequently anxious to avail himself of any trivial defect."

"The assistant will be active to benefit Government from mutual interest, but being unable to determine, he cannot abuse his trust and as his proceedings must be public, he will not discredit himself by litigious claims; the holders also under good tenure will thus be at ease, relying upon the fixed Laws; but when the same person is Judge, party and ruler, he may privately work upon the fears of many, and though I never knew of the operation of this influence, yet a Government should avoid granting so dangerous an authority, and this is the obnoxious argument, against the former appointment."

Now our readers will observe that, even so far back as 1788, when according to the no

tions then prevalent, many acts of Govern- "The proposed arrangements only aim at ensuring ment which would now be denounced as poli- a general obedience to the regulations which we may tical transgressions of great magnitude, were institute, and at the same time impose some check upon considered justifiable on the ground of expeourselves against passing such as may ultimately prove diency, the investing of judicial and fiscal detrimental to our own interests, as well as the prospowers in the same functionary for the trial of tomed to despotic rule from time immemorial, and are perity of the country. The natives have been accuscases in which the Government was a party, was well acquainted with the miseries of their own tyrannic reprobated. The same principle we find recog-administrations. When they have experienced the nized by the Marquess of Cornwallis, in the following extract from the preamble to Regulation II. of 1793.

The

blessings of good government, there can be no doubt to which of the two they will give the preference. We may therefore be assured, that the happiness of the people, and the prosperity of the country, is the firmest basis on which we can build our political security."

By the regulation III. of 1793, the Government are placed precisely in the same position as their subjects; which fact further shows how necessary that good and eminent statesman Lord Cornwallis considered the separation of the two capacities in which the Government are alternately placed; viz., that of party to the suit and the Judge of the case by their right to rule the country. The following extract from the preamble of the regulation we advert to explains its tenor :

"To ensure to the people of this country, as far as is

"All questions between Government and the landholders, respecting the assessment and collection of the public revenue, and disputed claims between the latter and their ryuts; or other persons concerned in the collection of their rents, have hitherto been cognizable in the courts of mál adawlut, or revenue courts. collectors of the revenue preside in these courts as judges; and an appeal lies from their decisions to the board of revenue, and from the decrees of that board to the Governor-General in Council in the department of revenue. The proprietors can never consider the privileges which have been conferred upon them as secure, whilst the revenue officers are vested with these judical powers. Exclusive of the objections arising to these courts from their irregular, summary, and often ex-parte proceedings, and from the collectors being obliged to suspend the exercise of their judicial functions, when-practicable, the uninterrupted enjoyment of the inestimaever they interfere with their financial duties; it is obvi- ble benefit of good laws duly administered," governous that if the regulations for assessing and collecting ment determined" to divest itself of the power of interthe public revenue are infringed, the revenue officers fering in the administration of the laws and regulations themselves must be the aggressors; and that individuals in the first instance; reserving only, as a court of appeal who have been wronged by them in one capacity, can or review, the decision of certain cases in the last resort; never hope to obtain redress from them in another. and to lodge its judicial authority in courts of justice; Their financial occupations equally disqualify them for the judges of which should not only be bound by the administering the laws between proprietors of land and most selemn oaths to dispense the laws and regulations their tenants. Other security therefore must be given impartially; but be so circumstanced as to have no plea to landed property, and to the rights attached to it, for not discharging their high and important trust with before the desired improvements in agriculture can be diligence and uprightness," it was resolved, "that the expected to the effected. Government must divest itself of authority of the laws and regulations, so lodged in the the power of infringing, in its executive capacity, the courts, shall extend not only to all suits between native rights and privileges, which, as exercising the legislative individuals, but that the officers of government, employauthority, it has conferred on the landholders. The reve-ed in the collection of the revenue, the provision of the nue officers must be deprived of their judicial power. Company's investment, and all other financial concerns All financial claims of the public, when disputed under of the public, shall be amenable to the courts, for acts the regulations, must be subjected to the cognizance of done in their official capacity, in opposition to the courts of judicature, superintended by judges, who, from regulations." their official situations, and the nature of their trusts, shall not only be wholly uninterested in the result of

their decisions, but bound to decide impartially between the public and the proprietors of land, and also between the latter and their tenants. The collectors of the revenue must not only be divested of the power of deciding upon their own acts, but rendered amenable for them to the courts of judicature; and collect the public dues, subject to personal prosecution for every exaction, exceeding the amount which they are authorized to demand on behalf of the public; and for every deviation from the regulations prescribed for the collec

From the above quotations it is evident beyond dispute, that a pledge was given to the people that the fiscal officers of State would not be constituted Judges, especially in cases in which the Government were a party. These pledges, confirmed as they are by acts of Parliament, (57 Geo. 3, Sec. 142) are reiterated by the Court of Directors in their letter to this Government, dated the 28th September, 1831.

tion of it. No power will then exist in the country, In regard to the recent appointment of Deby which the right vested in the landholders by the re-puty Collectors to which the Courier directs gulations can be infringed; or the value of landed pro- our attention, we have not heard of more than perty affected. Land must in consequence become the most desirable of all property; and the industry of the people will be directed to those improvements in agriculture, which are as essential to their own welfare, as to the prosperity of the state."

one or two instances in the Bengal Presidency. But even if these appointments were more general, the evil would scarcely be remedied. The Deputy Collectors are after all not judicial but fiscal officers of Government, The motives which induced Lord Corn-and stand precisely in the position of those wallis to promulgate the above regulation, functionaries whose deputies they are, and a may be further known by the following obser- portion of whose powers has been transferred vations which he recorded on the occasion in to them. Whilst this is the official character a minute which, together with the above regu-of these functionaries, their being in a lower lation, received the approbation of the Court grade than the Collectors plainly points to of Directors:their youth and inexperience in the service.

Such then are the people in whose hands is to Deputy Collectors, and though the authorities be committed some of the most difficult cases in England may be deceived by a change in which a judicial officer of state can be called the official designation of these functionaries, upon to decide. Is not this trifling with jus- in reality things continue just where they tice, with the rights of the subjects, and with were before. When this grievance was threatthe orders of the Court of Directors? When ened in 1828 the people submitted a petition the stamp law was submitted for the sanction to the Local Government: it was rejected. of the authorities in England, they were acted They then appealed to the authorities in on even by anticipation; but here another England: it was heard and the Local order is passed by the same authorities dis- Government directed to remedy the evil. approving the arrangement of placing the Ju- In what manner they have since acted has dicial power in the hands of fiscal officers, been already explained, and clearly proved and the Local Government will not attend that no reform has been made in the system. to it even at this late period. This is cer- Now we wish the Courier will inform us what tainly unaccountable on any justifiable step the people have next to take. All legiground. timate and lawful means have proved un

Our object in all we have said on this sub-availing, let us hear what must now be done ject has been to reprobate the union of fiscal and judicial powers in the same functionary, in cases where the Government is a party to

to obtain justice. This is a question to which we beg our contemporary's particular attention, because it is a question which we dare

not answer.

the suit. We should now wish either the Courier or his correspondent to point out how In the midst of the general gloom with by the appointment of the deputy Collectors which this subject is surrounded, we perceive the grievance we complained of has been re- but one enlightening ray of hope. The submoved. The deputy Collector, by virtue of ject is now under the consideration of the his office to search out lands, subject to the Legislative Council; we have at the head of claim of Government, is in the first place an public affairs a nobleman who has just come informer to his own tribunal, he is secondly to from a country where the people breathe a assume the character of complainant; thirdly, more free political atmosphere, where the of a judge to decide his own claim; and rights of the people are better understood and fourthly, of an executive officer to dispossess more respected-a nobleman who has alreathe proprietor of the land by virtue of a dy afforded us several proofs of his liberal decree passed by him in favor of himself. views in England by advocating the cause of So that in fact he is here informer, complain- the people, and from whom we therefore exant, judge; and the executive authority. This pect much good for this unfortunate country. is precisely the same state of things we have The rights of the people of India are as sabeen complaining of in reference to the Col-cred as those of the people of England, the lector. The difference in the designation of these officers is nothing to the purpose: it is the actual union in the same person of the different jarring functions that we have enumerated which ought to have been remedied. But this is not done by the appointment of

whole country is therefore confidently looking forward to a period when some modification will be made in the laws, to which the rentfree lands are now subject.-Reformer.

(To be continued.)

SHEKAWATEE FORTS.

During the stay of General Stevenson's and may be reached in about 10 minutes ; force at Seekur, I made a short excursion to but at an average it would require double visit the hill fort of Deogurh, sometimes that time to ascend. The stones are so erroneously called Lohagurh by Europeans. The road distance is about 7 miles in a S. E. by S. direction; the country composed chiefly of undulating sand, is poorly cultivated, and in general overrun by an aromatic species of artemesia, called bunna by the Shekawats. Deogarh is built on a high, steep and rocky ridge, running from N. N. E. to S. S. W. which is the general direction of the chain which traverses Shekawatee, of which this ridge is an integral part, but not immediately connected with the great mass. The road up is on the S. E. side of the hill, and consists of a series of zig-zags, about 10 feet wide, and constructed of stone. The summit is between 700 and 800 feet above the plain,

smooth as to be very slippery, and the best part of the way up, is exposed to the fire of the fort, and at all events to large stones, of which a good store is at hand, to roll down on the assailants. The only protection would be the thickets of euphorbia and various thorny trees which grow plentifully on the hill side. The rock is quartz-clay, slate and mica-slate. The fort consists of a double enclosure, of which the centre, occupying the highest part of the summit, is pretty regularly planned; but the exterior works are compelled to adapt themselves to the rocky winding ground on which they stand. The interior fort is a parallelogram, of which the half towards the N. N. E. is much lower than