Acting on the information so procured, it 17. A copy of the manifest, countersigned, should be the care of Government to make two to be given to the trader, with a receipt: who, explicit declarations to foreign rulers; one, a on exhibiting them, with the goods, to the determination to resist the payment of transit custom officer at the second spot, shall receive duties to any but the officers of the sovereign back from him all the duty paid, with the exhimself of the country through which the mer- ception of a deduction of-per cent for chandize might pass; the second, that it is every miles traversed. our anxious wish to settle, on an equitable 8. If, at either of the custom houses, good basis, the payment of such duties, or to give ground exists for a belief that the trader is give an equivalent; and that those courts practising fraud, the goods may be searched, which persist in refusing consent to such or other means taken for detection; but comterms, must expect no assistance from us in merce is not to be impeded upon frivolous any difficulties into which they may fall; on and vexatious pretences. the contrary, that their interests will be 9. The prince may fix what penalty he opposed by us, as far as can peaceably be pleases upon the crime of smuggling; and done-menaces are bad argument when ad-persons guilty of it shall be delivered up by dressed to the wise and the brave; but must the British, if they have escaped into their occasionally be used to the weak and cowardly, territories. and consequently are exceedingly proper in negociations with most native princes.

10. Treble damages and costs to be recovered from any custom officer guilty of misconduct; and he is moreover to be incapacitated from serving again in that employment.

11. Offenders of both nations to be tried before a Court, of whom two shall be nominated by the British, two by the ruler, and a fifth chosen by lot.

12. Both parties pledge themselves in all doubtful matters to communicate with each other, and to act in a spirit of good faith and concord.

Sovereigns then must be compelled to collect at once both for themselves and their vassals. Whatever sub-division of the spoil they may think proper to make among themselves afterwards, is a matter which concerns not us. This object gained, we shall have done a great deal. The next point is to settle, if possible, with the supreme power, for a relinquishment or reduction of the taxes, or at any rate, to establish an equitable and simple mode of collection. As the money so raised cannot be any great object, perhaps it would be quietly relinquished; if not, as the ridance of the annoyance is our principal aim, it would be well worth our while to pay some-perly executed. The want of the universal thing quietly to procure the concession.

I am not aware what commercial treaties exist, but I am sure that, if any so simple are in being, they either do not affect this side of India, or they have not their provisions pro

adoption of such a measure is not an imaginIf the negociation should prove successful, ary want, as those who travel with their eyes I think that the following heads would include and ears open can aver. If then the subject all stipulations necessary. Whether the duty be relinquished, reduced, or merely settled on a good footing, this form would equally answer every purpose. The only part that a difference of terms can affect, is the blank for the amount of percentage to be raised, and of course this must be filled up according to circumstances.

1. The British pledge themselves never to countenance smuggling. The prince may take import duties on British property for sale in his dominions; it is only those in transit that are to be affected by these stipulations.

2. The prince will tax British property in transit according to the rates and terms fixed in these stipulations: that for sale in his dominions he reserves a right to tax as he pleases.

3. The prince describes a convenient line of road, through which only goods in transit are to pass.

4. The prince names two convenient spots, (one at each frontier) at which his custom officers shall be placed.

5. Every species of property brought from the British territory, whether alive or dead, to be considered the property of British subjects, and coming under these stipulations.

6. A manifest of the goods certified on oath to be shewn to the custom officer at the first spot, who will levy in cash, or take satisfactory security for the usual duties levied on similar imports for sale.

is of importance, why delay attention to it? If it be insignificant, then have we a double reason for dispatch the insignificance of the object would prevent any obstacles being thrown in our way now; whereas, if we wait till it shall be of more consequence, we may have to contend with avarice, and a thousand other passions.

MY DEAR SIR,-When I first addressed you on the subject which has formed my standing theme for the last few months, I imagined that eight or ten short letters would embrace all I had to say; but I find that I have already spun out twenty three, and, for ought I see, it would require as many more to bring me to the end. Under these circumstances, I think it as well to drop the pen at once; a resolution with which the public will I dare say be very well pleased: the best writers on such matters are set down as bores, what epithet then will be applied to the worst!

I should have conceived it unnecessary to make known to you this intention, as being of too little consequence, had I not thought that, to leave your columns, without some explana. tion, would be but a poor return for your civility, in so readily receiving what I had hitherto forwarded to you.

I cannot, upon reflection, think that my proceeding with the subject would be productive of any good. Until persons far more able and more influential than myself shall have en

listed on the side of the policy which I have too feebly advocated, such endeavours as mine will be a mere waste of time and labour: I feel it therefore better to withdraw from what appears an altogether fruitless pursuit.

I will not take up more of your attention; but, most sincerely thanking you for the frequent, long, and patient hearings you have

given me, and with the best wishes for the prosperity of yourself, and of your uu lertakings, subscribe myself, once more,

Your most obedient servant,

FOUNDLING. P. S. I have written this explanation to yourself; if you think that it would be as well to publish it, you can of course do so.-F.

SINGAPORE AND ITS AGRICULTURAL CAPABILITIES.
LETTER I.

TO THE EDITOR OF THE SINGAPORE FREE PRESS AND MERCANTILE ADVERTISER.

SIR,-Believing that your distant readers will sustaining a strong vegetation is sufficiently

not be disinclined to find recorded occasionally, indicated by the dense masses of large trees in the columns of your journal, notices of the and brushwood which cover their very tops; present state and future prospects of this settle- and they may retain for a long time the power ment, I am induced to offer you the result of of yielding abundance, if care be taken by the such observations on its agricultural capabili- first settlers to leave a few of the largest trees, ties, as some attention to the subject has led to. here and there, to protect the earth from beThe island, in length about twenty-six or ing parched up by the sun and at the same seven miles, and in breadth about half of that, time, to attract moisture from the clouds. It is still, for the most part, a jungle, amidst is but too well known by sad experience that which the Chinese and Malays who have set- regions within the tropics, formerly of great tled in the interior, have cut paths, but little fertility, have become equally sterile by the known to the European inhabitants, and little removal of the trees which both shaded and is known of the locality of the country by them moistened them. As the coffee plant thrives beyond some two or three miles from the set- best on an undulating country, and requires tlement, the greatest extent to which carriage to be shaded, this branch of agriculture is well roads have been opened. As until very re-adapted to meet this exigency. cently the only existing roads, laid along the sea shore, through bodies of sea sand, and hard and cold clay, it was not to be wondered at to hear both inhabitants and strangers, during their evening drives, ment the barrenness of the country. But now that with great energy a canal is being made across the island, along which runs a magnificent carriage road, there may be seen a body of land, which bids fair to be a source of great prosperity to this commercial emporium. As the work proceeds, the canal drains large tracts, which in many places lying very low, are for the most of the year inundated and covered over by stately trees, which being very close, shut out the rays of the sun. But as the accumulated waters disappear, there is found a rich black vegetable mould, the decayed remains of the jungle for centuries, which, when brought under cultivation, will yield crops of sugar, coffee, cotton and other tropical products. The work now prosecuting having penetrated but a short distance into the interior, it would be hazardous to conclude that the portion of country laid open is a fair specimen of the whole island; but we may be permitted to assume that as it is diversified with hills and dales and plains, a fair proportion of good soil will be found and adapted to different crops. That the bills of this island are not without the means of giving life to and

The aspect of the land a little removed from the margin of the sea, along the north-east end of the island, commencing at Campong Glam, presents for many miles a perfectly level plain, well wooded, where the axe and fire have not prepared it for the numerous Chinese gardeners who have settled on the extensive tract between the town and the river Callan; but beyond that stream, there are but few cuttings in the jungle. This tract of country is composed of clay and alluvial deposits from the different streams which meander through it, and it is well adapted to sugar cane, plantations of which would derive great advantages from these watercourses for purposes of irrigation, and as means of transporting easily and cheaply to the shipping in the roads, or to the godowns of the merchants, the products of the plantations. Persons acquainted with the inconvenience of breaking off work in the middle of the crop to cart sugar to town, or with the expense of hiring the carting will duly appreciate the advantage of a water communication with the sea. As the canal already alluded to is intended to cross the island nearly centrally into the old Straits, it will afford the means of conveyance to a large portion of the settlers in the interior whenever an active population shall remove there.

LETTER II.

Having briefly described that portion of the island to which I have had access, and as has already been said, the whole of it is reported by those who have penetrated into it through the jungle, to partake of the same general character, with the exception of BooKIT TIMA,

which is a hill of some six or seven hundred feet above the level of the sea, I shall now proceed to state the prospects which, under liberal land regulations, would open to this island, where its plains and hills to be divested of the forest which now cover the most part of them,

and the soil be made to yield crops of products upon the duration and extent of which so adapted to it, and fit for the use of man. much of the planter's fortune depends in the Sugar, coffee and cotton are, of all tropi-Colonies are, under a bountiful and benecal commodities, those which enter most ficent arrangement of Providence, wholly unlargely into the economy of life, and conse-known in the Straits. Here there are no quently, although constantly liable to fluctuate seasons. The face of nature is ever refreshed in their marketable value, are yet always by copious showers-vegetation is ever active easily convertible into money; and it is to the forest and the field yield at the same the growth and manufacture or prepration of time, and side by side young shoots, flowers these staple articles that it would seem most and fruits-a deep glossy verdure spreads natural to turn our attention in the first place. over the land the whole year, and marks it as That the sugar-cane thrives well here will not a land over which the Dogstar shines, but be questioned, since considerable patches shines innocuous. Its twinkling rays descend, planted by Chinese gardeners may be seen in but they bring neither drought nor fire, and every direction out of the town, and the cane nature is ever young. The same serenity itself had in the bazar throughout the year, reigns in the upper regions, and although at being used extensively by the natives as a times, particularly when that interesting phefruit. These canes are of two kinds, purple nomena, the change of the monsoon takes and yellow, and they are both very fine speci- place, when the atmospheric current vibrates mens, for larger ones are seldom to be found: from north cast to south west, and again and what certainly bespeaks in favor of its from south west to north east, the heavens adaptation to the soil and climate of the is- may lower, and black massy clouds may land, is the fact of its growing as luxuriantly send forth appalling peals of thunder-such on the hills as in the plains, the truth of which peals as are to be heard only in equinocassertion may be ascertained by any one who tial regions, yet the face of nature remains will, for instance, take the trouble to walk unscathed-the vivid electric fluid which among the cane patches which cover a good precedes the awful sound that echoes amidst part of the hill on the left of the road to the cavities of these stupendous masses, but New Harbour, opposite the Chinese ceme- seldom descends to the earth, and the masses tery. This hill, where it is bare, has a most themselves soon dissolve in copious showers sterile appearance from the road, and when and gusts of wind, which, in their effect, are one first observes fine fields of canes grow-alike harmless on the land and on the water. ing upon it, it causes not a little surprise; but on a near inspection of the soil, it is found composed of a deep red clay, which, by long retaining moisture, nourishes and These circumstances combine to make this invigorates it, nevertheless its very exposed a most felicitous place for agricultural unsituation to the hot winds which blow from the dertakings, since the planter may sow and sea at certain periods of the year, viz: from reap throughout the year, excepting perhaps June to August. If under such peculiar cir- for the latter purpose, January and Februcumstances the sugar cane grows well, it is ary, when there is more rain than in the other difficult to believe that it could not be months of the year. To the sugar planter made to yield as abundantly here as in particularly it is an unappreciable advantage, other tropical countries, more especially that of being at liberty to choose his own time when experienced planters shall introduce to make his crop and to be released from the here the improvements in the composition of absolute necessity of working against time, as manure, rotation of crops, &c. &c. of all, in the West Indies, for fear of the rains setwhich have been attended with such great ting in perhaps earlier than usual, or as in benefit to the planters of the other hemisphere. Louisiana in the United States, from appreThe plain which extends from, and beyondhension of the frosts of December. By these the hospital, is here and there planted also vicissitude the planter is kept in fretful anxiewith sugar canes, and although the Chinese ty till the last cane is put to the mill, if pergardeners are far from pursuing the most ap-adventure, a sudden change of weather has proved mode of preparing the land, to make not put an equally sudden stop to his work and it fit for planting, which operation they un- deprived him of a good portion of his canes. derstand as little as they do that of manuring, Again, the total absence here of those dreadyet no one who has been accustomed to see it ful tornedoes and hurricanes which whenever grow under good circumstances in other they rage destroy plantations and buildings, places, will deny it the meed of praise to and reduce all to one common mass of ruin, which it is justly entitled-and all circum-insures to "him that planteth" a return for stances duly considered, those I apprehend, who have examined the subject, will not incline to doubt the capabilities of the island to yield abundance of excellent canes.

Who has ever heard of a gale or a hurricane in Singapore? Certainly not the oldest residents nor the oldest natives.

his labor. After the experience of one or two crops he may calculate with tolerable certainty, from the extent of his plantations, the quantity of product he will have to send In the remarks which have preceded, refer-to market. But not so with the planters of ence has been made rather to the nature of the soil than to the climate, and it is but proper now to allude to so essential a point.

Those alternate changes of temperature and of seasons from heat to cold, and from months of dryness to months of constant rains: and

less favored regions, who are exposed in the course of a few hours to behold the fruits of their labor-their fond hopes and expectations, and alas! not unfrequently, their own families, torn away by the sweeping blast. AGRICOLA.

THE JUDICIAL SYSTEM OF INDIA.

REPORT OF CHARLES H. CAMERON, ESQ., ONE OF HIS MAJESTY'S COMMISSIONERS OF INQUIRY, UPON THE JUDICIAL ESTABLISHMENTS AND PROCEDURE IN CEYLON; DATED 31ST JANUARY, 1832.

RECOMMENDATIONS.

(Concluded from page 14.)

I have now given your Lordship such an account of the judicial establishments and procedure actually existing in Ceylon, as will, I think, enable you to judge how far they fulfil their legitimate objects, and how far the reforms which I am about to suggest are really called for. I shall now lay my suggestions before your Lordship in the form of a series of recommendations, and I shall subjoin to each recommendation, or in some cases, to several taken together, the reasons which explain and justify them.

The recommendations themselves are expressed in general terms, the details being reserved for a charter, which, if your Lordship shall approve the principles of the recommendations, will repeal the charters now in force, and establish the supreme court upon a new plan, and an ordinance which will repeal the regulations of government, and other legislative instruments, under which the local courts now perform their functions, and create an uniform system of local judicatures throughout the island.

1. I recommend that, so far as regards the judicial establishment and the procedure according to which its functions are performed, complete uniformity should be introduced throughout the whole island.

2. I recommend that every court of original jurisdiction throughout the island shall have exclusive jurisdiction over all causes, civil and criminal, and all questions of whatsoever kind, in which the intervention of judicial authority is necessary, which arise within the limits of its district, except only causes or questions in which the party against whom the proceeding is instituted in a court of justice, or a person acting in the matter complained of under the authority of a court of justice, and except such criminal causes as by the 19th recommendation are to be tried by a judge of the supreme court on circuit.

The usual practice of dividing judicial business among judicial funtionaries, according to its nature, as civil or criminal, legal or equitable, &c. appears to me in all respects much less expedient than the division of it into integral portions according to districts.

1st. A greater number of functionaries is necessary in the former plan, for the portions into which judicial business must be divided, if the nature of the business be taken for the principle of the division, as never equal, consequently a local judge to whom one of the smaller portions is allotted, will not have enough to do, supposing that the larger por tions are not too large for one judge. Thus in the actual circumstances of Ceylon, the provincial judges in general transact much less business than the sitting magistrate, so that if It would be superfluous to enter into a dis-the latter are not overburthened, the former cussion of the arguments in favour of establish- have not sufficient occupation. ing an uniform system of judicature throughout a territory which is subject to one and the same government. But it is proper on this occasion to remark, that the argument which is sometimes successfully urged against such a measure, has no application to Ceylon.

The argument I allude to is founded upon the attachment which mankind in general, and the oriental races in particular feel for systems which have been long established amongst them, and which are commonly connected with their religious opinions.

This argument, I say, has no application to the case of Ceylon; for the courts of justice in that island, and the forms of their procedure are, without exception, the creations of the British Government, and have not in the eyes of the natives any thing of the sanctity of religion or of antiquity.

2d. A greater number of suits must be instituted, a greater quantity of judicial machinery must be put in action, in order to attain the same end, and frequently one portion of the machinery must be employed only to impede the operation or to destroy the results of another portion.

3d. As it is not possible to mark out the boundaries of contiguous subjects of judicature, as precisely as the boundaries of contiguous districts, many more, and much more complicated questions of jurisdiction arise under the former plan, by which the time and money of the suitors are fruitlessly consumed.

This reason applies with the greatest possible force in a country like Ceylon, where the general ignorance of the natives prevents them from understanding technical distinctions, and where there are no practitioners, except

A fairer field than the island of Ceylon can never be presented to a legislator for the establishment of a system of judicature and pro-proved by your Lordship, be carried into effect, it will be neces In the Ordinance by which this recommendation will, if ap cedure, of which the sole end is the attain- sary to provide for the rare case of a judge of original jari detion ment of cheap and expeditious justice. being himself a party to a suit, which, under the general words of the recommendation, would be triable by himself.

H

in the capital, capable of directing one who is searching for a judicial remedy to which court he should apply, if the choice is made to depend upon such distinctions.

That the assessors shall be chosen as the jurymen* now are in the maritime provinces.

That the same individuals shall sit as assessors for one day, and for one day only at a Though I propose to carry the principle of time, unless the judge, for special reasons to uniting the various judicial functions in one be assigned by him in open court, shall othercourt to an extent which I believe is unexam-wise direct, or unless the assessors require pled, yet the principle itself is no novelty in time to consider of their verdict, in which Ceylon; and I rejoice that I have it in my case new assessors shall be impanelledt. power to fortify my theoretical view of its merits by the opinion of Mr. justice Marshall on its practical operation.

That learned judge, in speaking of the union of criminal and civil jurisdiction in the person of the sitting magistrate, expresses himself thus:

That when the parties have concluded their pleadings, evidence and arguments, the judge shall sum up the evidence, and state his opinion of the law to the assessors.

Who shall thereupon give such verdict as any two of them can agree upon.

Which verdict shall be immediately record

"Indeed, I am inclined to think that the ed by the registrar, but shall not prevent the union of the two jurisdictions in the same per-judge from giving a contrary decision, if he son, supposing him to possess diligence and thinks fit. a good understanding is very beneficial to the natives, by referring them in all their little grievances of whatever description to the same arbitrator."

That excepting so far as regards the binding effect of their verdict, the assessors shall have all the privileges of a jury.

A jury considered as the organ of a judicial "Another very material advantage derived decision, is an institution which it would be from this combination of authority, arises out very difficult to defend. But considered as a of the difficulty which so frequently presents portion of the public placed in an official staitself of deciding whether the wrong complain- tion, which secures to it the respect of the ed of should be treated as a civil injury or a judge, armed with power to interrogate the criminal offence; if the complainant mistakes judge and the witnesses, and thus to acquire his course, and applies to the wrong side of a complete knowledge of the cause, compelled the court for redress, he is transferred to the by penalties to be present in court, and comother side, and his case may be heard at once, pelled to attend to the proceedigs by the neinstead of his being driven to seek another cessity of pronouncing a public opinion upon tribunal." them, it is invaluable.

At first sight, the principle of the division of labour seems opposed to the plan which I recommend, but that principle applies only to cases in which practical skill is the object to be attained. Whenever theoretical knowledge is required, an accquaintance with all the branches of a subject is essential to the complete understanding of any one. It is universally admitted that an equity judge or barrister is made much more competent to the peculiar business of his court by an acquaint

ance with the common law.

The object of the first exception in this recommendation is to prevent the collision of co-ordinate judicial authorities.

It is invaluable, I think, every where; but in our Indian possessions, it is, when coupled with the effective appeal which I shall hereafter recommend, the only check and the only stimulus which can be applied to a judge placed in a situation remote from a European the opinion of the native public, with whom public, and necessarily almost insensible to he does not associate.

In England, as the verdict of the jury is binding, it has been found necessary in civil cases to neutralize the effect of it by withdrawing the law as much as possible from their consideration, and by granting new trials as often as the Court thinks the verdict wrong. It seems to me, however, that when a judge, Thus, if a mandate, in the nature of a writ checked by the presence of a jury, differs of habeas corpus, issue from a court of original from a jury, the presumption is very much in jurisdiction, and it appear upon the return favour of the opinion entertained by the judge that the prisoner is in custody under the au- and, therefore, that his opinion ought to gothority of a co-ordinate court, the prisoner vern the decision, subject to correction by the must be remanded without any examination appelate jurisdiction.

into the legality of the commitment. The A new trial is certainly a very cumbrous, legality of the commitment can only be ex-inconvenient and costly mode of correcting an amined by means of a mandate from a superior erroneous decision upon the evidence which court, under the 14th and 18th recommendations.

*I do not mean to pledge myself not to suggest any alterapress my recommendation respecting assessors by reference to tion in the mode of chocsing the jury, but I have chosen to exthe mode of choosing jury men, because I thus make it evident, without embarrasing your Lordship with minute details, that the recommendation involves no invincible practical difficulty.

It will sometimes happen, by the adjournment of cases which have been partly tried, that the trial will not take place before the same assessors. This is a defect; but I perceive no remedy which will not be productive of greater inconvenience.