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IV. They shall have ground for a house, I smoke in buncos, as on the Coromandel coast. ware-house, and other conveniencies, and li- A bunco is a litlle tobacoo wrapt up in the berty at their departure to make the most of leaf of a tree, about the bigness of one's little them. finger, they light one end, and draw the smoke through the other, till it is burnt quite up. They are sold twenty or thirty in a bundle at several stands in the market.

V. In case of mortality, the goods of the deceased shall be at the disposal of the chief of the factory.

VI. The laws of the kingdom shall have no power over an English offender, but he shall be tried and punished at the discretion of the chief and in case any subject or native whatsoever abuse the English, present justice shall be inflicted on him as he deserves.

VII. That their goods shall not be forced from them; nor returned on their hands after they are sold; but present payment shall be made, and they shall be assisted in recovering debts, by such powers as shall be requisite.

VIII. That no seizure be made in the King's or Queen's name; but current money afforded for what goods shall be bought for his or her use.

IX. That they exercise the christian religion without molestation, and if a subject scoff thereat, he shall be punished for the

same.

X. No English run-away to be protected but returned by the ministers to them, and the like to be done with their subjects.

XI. That according to custom, they bring their presents once a year.

XII. That as formerly, they shall have all the sappen wood in these dominions, at tale 1. 4ms. per bahar.

XIII. That such merchants as bring goods on any of their ships, be free from paying savoy, or the 5th part of the custom, provided the number of ships exceed not three every

monsoon.

The king's palace is a very ordinary piece of building, which I was once near, but never within. The most remarkable things about it are two or three elephants kept for state! these they get from Pegu or Quedah, where are abundance of them. I have seen fifty in one garden at Madras, brought thence in a season, valued from 200 to 800 pagodas each. Goods brought from England to this port are all the sorts that turn to account in Madras in small parcels. A few sword blades may likewise sell well.

Charles Lockyer, from whose book we have so often quoted, is referred to by Marsden, the historian of Sumatra, as having given a particular description of Acheen when he visited that place in 1704. Mr. Lockyer, as will be observed by our readers, did not voyage in the East from a mere love of enterprise, or a desire of gaining information respecting the countries he visited, but had in view the more substantial objects of trade, and seems to have published his narrative for the sole purpose of affording a guide to those who might afterwards visit the same countries on a like errand with himself: and the work has no doubt had its day, and served its purpose. But we think it will interest the curious among our readers to contrast what they have themselves seen, heard, or learned, of the present state of some of the neighbouring places, with which we still maintain a constant intercourse with the account given of the same places by an eye-witness who wrote more than 130 years ago. Mr. Lockyer does not inThe Malayans are such admirers of opium, dulge in many very philosophical reflections, that they would mortgage all they hold most and the fate of empires and revolution valuable to procure it. Those that use it to of events, seem to affect him mighty litexcess are seldom long lived, which them-tle, and never to disturb or interfere with selves are very sensible of; yet they are no his matter-of-fact method of describing and longer satisfied than their cares are diverted by viewing things as they are. Had he been the pleasing effects of it. I have been told by a writer of another turn, he might have struck an Englishman, who accustomed himself to it off a forcible and instructive contrast between at Bencoolen; it is a difficult matter to leave the earlier glories of the Acheen monarchy, it, after once experiencing the exquisite harmony, wherewith it affects every part of the body. On taking a larger quantity than ordinary, he found such a tickling in his blood, such a languishing delight in every thing he did, that it justly might be termed a pleasure too great for human nature to support.

XIV. That all ships bring a letter, from the chief of the place from whence they came, to the Governor of the town: certifying they belong to the Company, &c.

and the declining state in which he found it; but if he had compared the condition under which he saw that country, with that under which it existed more than 100 years before he visited it, the contrast, great as it must have been, would not, in all probability, have been stronger than if a traveller of these days Bang has likewise its virtues attributed to were to campare Mr. Lockyer's description it: for being used as tea, it inebriates, or ex-with its present prostrate condition. About hilarates them according to the quantity they 20 years ago, the son of a Penang shop-keeper, take. I have seen a great deal of it at Ma- whose spurious claims were supported by the dras, brought from Bengal: which was like government of that place, was elevated to the hemp in growth, leaves, seed, and every thing throne of a monarchy which, 300 years before, else; so that, I think, it could be no other. was one of the most powerful of the East!Tobacoo is much used among them; but he was, however, afterwards compelled to they have little or none of their own raising, resign his seat in favour of the rightful wherefore they are supplied with it from other prince, whom he had himself superseded, parts at a dear rate; for want of pipes they land who was restored to his dignity, mainly

through the representations and exertions of achievements of one of his admirals in his Sir Stamford Raffles, who saw him again contests with the Portuguese-from the time seated on the musnud in 1819. But his king- when a king of Acheen wrote to king James dom, which had long been narrowing its I, imploring him to send out one of his fair limits, was now in a state of complete dis- country-women for a wife, and promising to traction, a prey to petty chiefs, whom a long make her son a powerful prince-when one era of anarchy had emancipated from feudal of its kings was "infinitely rich--and convassalage, and his power had become a nul- stantly employed three hundred gold-smiths— lity. How different from those days in which who was possessed of two thousand brass-guns, the Kings of Acheen were receiving ambas- and small arms in proportion--who had a fleet sadors from the most powerful states of Europe, of three hundred sails-had his palace grounds who courted their friendship and solicited their nightly patrolled by two hundred horsemen— aid when our own Elizabeth despatched Sir while the interior was guarded by three thouJames Lancaster in 1602, on a special em- sand women-and who had five hundred bassy to the reigning monarch of the country, eunuchs in charge of his seraglio!"—Singapore and wrote in commendation of the valour and Free Press.

BUILDING SHIPS IN BOMBAY.

To Captain Sir CHARLES MALCOLM, Knight,
Superintendent of the Indian Navy.
Sir, The recent regulation for the more
efficient control of the dock-yards and esta-
blishment therewith connected, having been
now one year in operation, I deem it right to
submit a few observations, for the information
of yourself and Government, but principally
with the view that publicity may be given to
the great reduction that has taken place in
constructing or repairing vessels in the Go-
vernment dock-yards; and which I have no
doubt, when generally known, will be the
means of the establishment bringing in a con-
siderable revenue to Government, instead, as
hitherto, an expense to the state.

The principal cause of the reduction in building, has been through giving full effect to the system of contract labour (which was a matter of serious discussion and consideration by you four years back), instead of the former system of daily mustered labour, under an inefficient control, who had no interest or responsibility in the speedy completion or cheapness of the work performed; and it was only the late increase to the controlling department in the dock-yard, and by the superintendence of which, each separate part of a ship's frame can be put together at the real value of the labour required for so doing by contract.

attention to the subject) prepared me an estimate of the probable cost of building a similar vessel to the Calcutta, which would only amount to 4,42,530 rupees; and instead of being, as formerly, 24,000 rupees more than the cost of such a ship in England, it exhibits a reduction on the English cost of 2,10,260; and as it is universally admitted that a Bombay teak-built ship is fifty per cent. superior to vessels built in Europe, I am therefore of opinion, that when these facts are generally known, the Bombay dock-yards will have more employment than they can perform, particularly as the reduction in building for the royal navy must be a matter of real national importance.

As regards merchant-vessels, I do not hesitate to say, that the best description of vessels can be built for £12 per ton, which is much less than substantial vessels can be built for in Europe; for the hull, spars, and boats, of a beautiful copper-fastened schooner of 200 tons, was launched in October last, for his Highness the Imaum of Muscat, at a much less cost than I have here stated.

The superintending establishment (as per margin)† for working the steam engine, (seldom oftener than a few hours once a fortnight) costs the government 300 rupees per mensem; and the individuals employed are also attached to the mint, with separate salaries for each It is right to observe, that the present cost department; and although Mr. Ingles, the of timber and other materials required in superintendent (who is a highly deserving ship-building is about fifty per cent. less individual,) considers it necessary to have an than in 1826, which was the latest period that assistant, yet I am of opinion that the supervessels of importance were built for His intendence of one person is quite sufficient Majesty's or the Honorable Company's govern- for a simple engine on shore, that is so selment. In this year the hull of his Majesty's dom worked. 84-gun ship Calcutta, of 2,298 tons, was completed (on the old system) at a cost of about 6,93,606 rupees, which is about 24,000 rupees more than a ship of the same class could be built for the royal navy in Great Britain.

With a view to ascertain the advantage that

One great defect in our dock-yard, is the inferior quality of our iron-work, which requires remedy; and to effect which, I would suggest that a respectable blacksmith foreman

The cost of the hull of an eighty gun ship built in England,

would arise to His Majesty's Government by is taken from Mr. Edye's publication of 1832.

constructing ships of a large class in these dock-yards, the builders have (after much

† Superintendent, Mr Ingles..
Assistant, Mr. Enderwick..

200 100

Rupees 300

be appointed exclusively to the yard, instead over the different classes of artificers; and it of the assistant-engineer; and who, in case of can only be through the agency of persons necessity, could also attend the engine when possessing such influence, that can render working. efficient an establishment where the quantity of labour fluctuates so much, and where no fixed establishment is maintained to meet contingencies. I have the honour to be, &c. (Signed) R. COGAN, Controller of the Dock-yards.

In conclusion, I take this opportunity of bringing to your notice the indefatigable zeal and exertion of the builders in introducing the new system of contract work, as it would have been quite impossible to have effected it without the whole exertion of individuals possessing the powerful influence they do Bombay, Controller's Office, 26th Dec. 1834.

[Bombay Courier.

THE APPEAL-RESCENDING ACT.

To T. E. M. TURTON, ESQ., and such other Barristers at Law as have signed the Memorial against the Repeal Act.*

"Seeing the Laws are excerpted out of the middle of moral and natural Philosophy, how should these fools have understood it, that have by G―, studied less in philosophy than my mule? In respect of human learning, and the knowledge of antiquities and

histories, they are truly laden with those faculties as a toad is with feathers, and yet of all this the laws are so full, that without it they cannot be understood."

The above are the opinions of the celebrated Pantagruel, about certain Lawyers of his day, more famous for a love of the jargon of their trade, than for a knowledge of the principles of Law. I beg you not to suppose that I would address you so impolitely, but I cannot shew what sort of learning is expected of Lawyers when they venture, as such, to take part in a political discussion, more clearly than in the sentence which I have placed at the top of this letter. Without venturing to say which is the most useful turn of mind, we have a right to look for qualifications in Lawyers, who take upon themselves the lead in questions of state, very different from those which we acknowledge with applause in the leaders of a horse cause.

In the Memorial of the 2d May, pub

lished in the Hurkaru, to which Mr. Turton's name is the first attached, you have made two assertions of constitutional law, which are discreditably erroneous. The first is the right and privilege of British subjects in a conquered colony, or province, to carry with them their own laws till duly altered by "competent authority." This is a wrong statement of the constitutional law of England, which a gentleman of ordinary reading in the history of his own country, would have been ashamed to make, and which it is unpardonable in an English Lawyer to have made.

To disprove your assertion as regards a conquered province, as India is, I will quote from a very recondite authority, a book I recommend to be looked over by gentlemen who wish to take a leading part in questions relative to the rights of Englishmen. You will find it, I can assure you, to the full as entertaining as your favourite authors, such * Vide page 209 Asiatic News.

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as Tidd and Archbold, and more to the purpose in these matters-I sincerely beg you, before your next memorials, in the words of Mr. Warren, only to try it, a little of it goes a great way, and will conceal, where it does not remove, profound ignorance. The work I mean is entituled "Commentaries on the Laws of England, by William Blackstone, Esq.," in the introduction to which you will find these words, I cite them, as I presume you have colonies in distant countries, are either such none of you got the book. Plantations, or where the lands are claimed by right of occuPancy only, by finding them desart and uncultivated, and peopling them from the mother country; or where, when already cultivated, they have been either gained by conquests, ference between these two species of colonies or ceded to us by treaties. But there is a difwith respect to the laws by which they are bound. If an uninhabited country and planted by English subjects, all the English laws then in being which are the birth-right of every subject, are immediately there in force, in conquered, or ceded countries, that have but with many, and great restrictions. already laws of their own, the King may indoes actually change them, the ancient laws of deed alter and change those laws; but till he the country remain.

But

English Lawyers to whom I have been obliged to quote Blackstone, cannot take it amiss if I remind them of a few passages of the history of England. I should be glad to know from you what law was current at Calais, when it was a conquered city belonging to the Crown of England. If the French Law, I beg you to point out the Proclamation of the King of England establishing it. Guernsey and Jersey are at this moment under Norman French Law, but there is no Proclamation introducing it. To come nearer to where you now are, the Isle of France is under French Law, the Cape and the Maritime Provinces of Ceylon are under Roman Dutch Law, and the Candian Provinces of Ceylon are under the Law of Buddh, being all places conquered by the King of England, in all of which the laws existing in each at the time of conquest, respectively, have

remained in force, generally, and in none of tish subject. Now, for this, I have a worse which was there ever any proclamation issued, quarrel with you than that you are ignorant re-establishing that law which had never for of the law which you profess to have studied a moment ceased to be, or abolishing that I say that you are unworthy of enjoying the law which had never for a moment existed.

blessing of being the subjects of a free country, for holding so slavish, so execrable a doctrine. As law it is ridiculous, as a public doctrine acknowledged in Turkey. It is inprinciple it is detestable. There is no such deed a solicism, for how can that be a man's him at his will? I will not argue it. It makes birth-right, which another man may take from

In all these places British-born subjects are liable to the lex loci, whilst within its local limits, in precisely the same manner as all other persons. So yourselves, gentlemen, at this moment of my addressing you, where not excepted by Act of Parliament, which may make you subject to any law it pleases, or by me sick to hear Englishinen, in such woeful the King's Prerogative, which may make you subject to English Law, are subject to Maho-gnorance of all that an Englishman ought to medan Law, so far as may be consistent with a Judge's idea of the law of God.

I make no apology for explaining the law to you, in a matter of constitutional aspect. No one need do that henceforth.

"

Having set you right as to what the Law of England is, I proceed to inform you that your assertion of the state of the law of conquest is not true with regard to any European country, nor any other country, except where the law and the religion of the people are one and the same, and consequently where the laws are immutable, under any circumstances, either by King or people. I quote from another author, again, in preference to refering you to him, as I believe he is read by no class of gentlemen so little as by English Lawyers. Montesquieu (Liv. X. C. III.) thus describes the only four possible ways of treating a conquered country: "Un état qui en a conquis un autre, le traite d'une des quatre maniéres suivantes. Il continue à le gouverner selon ses loix, et ne prend pour lui que'l exercise du gouvernement politique et civil; ou il lui donne un nouveau gouvernment politique et civil; ou il de truit la Société et la disperse dans d'autres; ou, enfin, il extermine tous les citoyens.' So you see that your law is not only bad law, but unheard of law, impossible law; for what civilized nation ever did, or ever could allow its ancient subjects to carry each his own little atmosphere of his own law into another part of its dominions subject to a different law? What English defendant residing in Scotland ever dreamed that his brith-right was taken from him, because compelled to answer a suit according to Scotch Law? Laying aside English Law, what Civilian, or what writer on international law, can you ever have glanced into, to have taken up so preposterous a notion, a notion which never entered the heads even of the Barbarian conquerors of the Roman Empire? I do not admire a Legislature interpreting a doubtful law, but most assuredly there never was a less doubtful assertion than that of Mr. Macnaghten's the other day, when he was bid to say that a change of Courts changes no Laws: none but those who don't know the difference between a wig and a principle can doubt it. Your second assertion which I allude to, is your saying that a proclamation by the King can take away the birth-right of a Bri

know and prize, presume to speak of constitutional rights and public wrongs, or any thing but the mechanical trades whereby they earn their bread.

And now, Gentlemen, let me entreat you to consider whether you be competent for the task you have undertaken, of leading your fellow countrymen in matters of legislative or constitutional policy. If you are too much occupied in the technicalities and daily wrangling of a Court, to acquire the ordinary information about the great principles of the no layman, who law of England, which knows any thing about his own country, wants, can you be the fittest persons to show the rest of us the way in important political matters?

You, Mr. Turton, if you detect an illogical phrase in the proceedings of a Mofussil Magistrate, hastily dictated after he has carefully satisfied himself of the justice of his order, are used to dilate upon it with a happy fluency, to say that it would disgrace a fourth form boy, and to wind up your oration, by saying that such is invariably the manner in which justice is administered by the gentlemen of the Civil Service. Now, you yourself, who have spent your life in your profession, have committed two errors in law more gross than could have been excused from an unlearned man, in an off-hand letter. The point about which you have gone wrong is an elementary one, and besides one of extreme interest to a student of law. It is the first head of an interesting topic, with which an Indian Lawyer of all others ought to have been thoroughly conversant. You have made this mistake not in a hasty speech at a Townhall meeting, but in a grave memorial to the Legislative body to which you are immediately subject, on a question which you have treated as one of vital importance. Yet you are the acknowledged leader of the Calcutta Bar; in talent, with the exception of one gentleman who is not a frequenter of the Town-hall, there are none who approach near to you, and yet you have done this thing; When next you meet with an oversight of a Mofussil magistrate, will you not be more charitable? Will not all Calcutta lawyers henceforth be less presumptuous? Indeed, they are not what they think themselves.

I have addressed you, Gentlemen, that you might yourselves benefit by a little reflection and self-examination: and I have published

this address that the other memorialists, and I was obliged to have recourse to the same the rest of the two hundred Europeans in Cal-friend. I confess I do not see the great difcutta, who yield themselves up to be guided ference between this, which you yourself term implicitly by you, and your brethren, may an off-hand letter," and what you call "a know how unsafe it is to trust you in these hasty speech" at the Town Hall; and even if matters-for you are the gods of this our there had been some inaccuracy of expression, Israel.

With every feeling of admiration that may be due to your talents, and of regard for your private characters, but with no respect for your attainments in constitutional law, or for your public conduct in political affairs, I have the honour to subscribe myself, your

most obedient humble servant, Calcutta, 11th May, 1836.

AMICUS CURIE.

TO AMICUS CURIE.

I think under the circumstances it would not there is no inaccuracy of expression even, have been remarkable. But I contend that much less of principle. There is not one word stated in it, which is not strictly true according to the English constitution. I adonly just left the Cabinet of England, who is mit that addressed to a nobleman, who has supposed (but I believe erroneously) to have been himself a barrister, it is not written in that elementary style which may make every sentence in it perfectly intelligible to the would-be wits and anonymous critics whom one may encounter in an Indian newspaper; but I maintain that every word is correct and The Grove, Comarhattee, May 15, 1836. true in constitutional principle according to SIR,-Since you first came forward in the the law of England; and, morever, that it is present contest, I have deeply regretted that intelligibly so to any man who does not wish six months' illness should have left me so to pervert its meaning, and is of ordinary unwholly debilitated, that to hold my pen for derstanding. I regret much, that on this ochalf an hour is almost more bodily exertion casion you should have allowed yourself to than I am capable of sustaining. At any be guilty of that want of ordinary courtesy other time your gross misrepresentations of that a gentleman generally wishes to preserve the Supreme Court, should not have gone so in his most violent controversies. You have long unexposed. But you have now accused forfeited all claim to being treated with the me, in no very courteous terms, of misstate-slightest consideration, ments of constitutional law in my letter to claim to the courtesies of life, for which there ceremony-all Government, for such you term it, (and I am is always room, let the quarrel be ever so perfectly willing to take the whole odium of it) deadly. Do not imagine, however, that I so as to drive me to some exertion; though I mean to make this any excuse for degeneratregret that the cause to which I have advert-ing into like abuse. I owe too much, not to ed, and my present residence ten miles from you, for I owe you nothing; but I owe too Calcutta, where I have not a single book to which I can refer without sending there, must delay the appearance of my answer longer than I could wish.

or

much to myself to adopt a style and manner
which, however you may have set me the ex-
ample, I may hereafter regret to have fol-
lowed. If my opponent was even Mr. Mac-
aulay (and I am sure no man in India owes
him any thing) I would still preserve,
far as possible, the tone of gentlemanly
discussion.

as

Before I proceed further, let me state some facts, which I do with the desire, that both you and the public may know (not merely conjecture) that I alone am really responsible for the statements or mis-statements, if there are any, of that letter. I had consulted with several though addressed to you, in answer to your Let me, however, say, that this explanation, of the memorialists before leaving Calcutta letter, is really meant for the public who are on the subject of a reply to Mr. McNaghten's opposed to that execrable act which UNCONletter to us, and was authorized to prepare it. For long after removing to this place, I did hands over, us, our laws, our contracts, our STITUTIONALLY and ILLEGALLY, as I contend, not in the slightest degree recover from the inheritances, to the tender mercies and legal exhaustion I had experienced from my knowledge of Aumeens. For the memorialattending Aushootosh Day's trial, but when the ists I acted. They have a right to see that I time drew within a week of the day fixed for have not placed them in a false position. the re-consideration of the intended Act, fur-But you being a friend to the measure, hugther delay was impossible, and the letter which ging your own infidel chains in slavish satishas excited your spleen was written by me faction, have no right to any explanation,— without one book to refer to, or a paper before I only wish to see that they are not misled or me except Mr. McNaghten's. I never read over even my draft which I got copied,-I never even saw the copy except to sign it, Now, Sir, this is what I said, and what I but was obliged to send it to a friend, quite will maintain, notwithstanding your objeccompetent to detect any errors, if there had ions. It is the right and privilege of Bribeen such, for correction, and then with the tish subjects in a conquered colony or province, signature of the other gentleman addressed to carry with them their own laws till duly alwith me by Mr. McNaghten, it was forwarded to the Government. The rough draft was again re-copied for publication, and for that

deceived.

tered by competent authority. Nothing less than a proclamation of the Crown can deprive them of this their birth-right. That right and

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