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ture are prevented springing up in the breasts this can be done, his court is an open court of our Indian fellow subjects. only in name, and all the evils of secret judicature may be expected.

I trust I shall be pardoned for making in this place a remark which has often pressed Secondly, that there be some means of preitself upon me. That the peculiar circum- serving the unity of the law, which cannot stances of Ceylon, both physical and moral, fail to be impaired by the decisions of a numseem to point it out to the British Government ber of independent judges. even though they as the fittest spot in our Eastern dominions in should be animated solely by that public which to plant the germ of European civili-spirit which is kept alive by the substantial zation, whence we may not unreasonably hope publicity of the tribunals. that it will hereafter spread over the whole of those vast territories.

14. I recommend that an appellate jurisdiction of the most comprehensive kind over all the courts of original jurisdiction in all parts of the island shall be vested in a circuit court of appeal, which shall consist of one judge of the supreme court and three assessors, which assessors shall be chosen in the same way and shall perform the same functions as the assessors in the courts of original jurisdiction.

15. I recommend that the supreme court shall consist of three judges, a chief justice and two puisne judges, who shall however never sit together, except for the decision of such points of law as any of them may have thought it necessary to reserve in deciding the cases submitted to them on their circuits, under the 18th and 19th recommendations.

16. I recommend that, for the purposes of the appellate jurisdiction mentioned in the 14th recommendation, the whole island shall be called the Northern, Eastern and Southern Circuits, Colombo being the central point where the three circuits meet.

The latter purpose might perhaps be attained at the cheapest rate by means of an appellate tribunal resident at Columbo to which the records of cases tried by the court of original jurisdiction might be transmitted by the post, but such a tribunal could not be effectual, even for this purpose, unless a much greater degree of method regulated the proceedings of the local courts than is now the case; and it would be almost powerless for the still more important purpose of impressing upon the local judge the consciousness of unremitting supervision, and upon the suitors in this court the assurance that their just complaints will be attended to and redressed.

This will, I hope, be accomplished as completely as the state of society in Ceylon will permit, by the recommendations respecting assessors, and by sending the appellate judge periodically to the places where the causes were originally tried, and thus giving the parties and their witnesses the same cheap and easy access to him as they had to the judge of original jurisdiction.

19. I recommend that the judges of the supreme court on their circuits shall continue to try in the Maritime provinces such crimes as they now try, and with a jury constituted as the juries now are, and shall try the same crimes in the Kandyan provinces with a jury constituted in the same manner.

17. I recommend that a judge of the supreme court shall go on each circuit twice every year, but so as that there shall be always one judge of that court remaining at Colombo, and shall remain at such places in his circuit and for so long a period at each I shall not trouble your Lordship with any place as may be necessary for the purposes other reasons for this recommendation than of justice. the good effects already produced in the Mari18. I recommend that such judge shall time province by the institution of juries, the hear in the circuit court of appeal all appli-attachment of the natives to it, and the procations for redress against all decisions, priety of distinguishing the trial of the graver whether interlocutory or final, of the courts crimes by some more solemn and impressive of original jurisdiction, and shall, according proceeding than is used in other cases. to what the justice of the case may require,

20. I recommend that the powers and try the cause over again wholly or in part, or duties of the advocates-fiscal and deputy re-hear the arguments of the parties upon advocate-fiscal shall be exercised in the points of law, and shall do generally whatever Kandyan provinces, so far as regards procemay be necessary for the attainment of sub-dure, as they now are in the Maritime prostantial justice.

In the plan which is sketched in the above recommendations, I have endeavoured to unite the advantages to obviate the disadvantages of the two different modes which have been devised for bringing justice within the reach of the suitors; I mean the mode by itinerant and the mode by local judicatures.

The expediency of local judicatures, always ready to receive the complaints of the people, cannot be disputed, provided, first, that the opinion of a public whom the judge respects, can be brought to bear upon him; for unless

vinces.

21. I recommend that the judges of the supreme court shall have no original jurisdiction, except that specified in the 19th recommendation.

When an itinerant court exercises an origi nal jurisdiction, all the proceedings preliminary to the trial must either be carried on, as in England, at the capital where such court has its permanent station, or there must be resident in each district an officer exercising many most important functions, both material and judicial.

The former plan is, I believe, universally party, will be amply suflicient to occupy the admitted to be impracticable in Ceylon. time of all its Judges.

The latter is sanctioned by the very high authority of the Chief Justice, as will be seen in his draft of a charter, where he recommended that the Magistrates who are, as he proposes, to have criminal jurisdiction over * all inferior offences, breaches of the peace and disorders against the police," and civil jurisdiction over causes, in which the amount in dispute does not exceed 257., shall superintend the proceedings preliminary to the trial of those causes in which a greater amount is in dispute, and which are to be tried by the Supreme Court on circuit.

22. I recommend that the Judges of the Supreme Court, whether at Colombo or on circuit, shall receive applications in writing from the Judges of original jurisdiction for advice upon all matters of law and practice, and shall return answers in writing thereto.

23. I recommend that each Judge of the Supreme Court, whether at Colombo or on circuit, shall hear motions for mandates in the nature of writs of habeas corpus, mandamus and prohibition, and shall do thereupon what justice may require.

24. I recommend that no Judge or court shall hear motions for injunctions to prevent a party from seeking or pursuing his remedy in other court.

My objection to this argument is, that the common division of causes into those of large and those of small amount, on which it is founded, is both unreasonable and invidi-is, ous. A Magistrate who is competent to try the one sort is competent to try the other, the division is therefore unreasonable; and as causes of large amount are generally the causes of the rich, and causes of small amount are generally the causes of the poor, it is invidious to refer the latter to a tribunal which is stigmatized as unfit to try the former.

that according to my plan, every matter The reason of this negative recommendation which would be sufficient to authorize the Judge to grant an injunction to prevent a party from suing, for example, in a court of brought before such court of original jurisdicoriginal jurisdiction, will be sufficient, when tion, to authorize the court to give a judgment having the same effect as an injunction not to sue. The principle on which the recommendation rests is, that every court of original jurisdiction should have, by law, the power of doing justice in every case, and consequently that, so long as the proceedings of such a court are free from error or malversation, there should be no power in any other court to thwart or control them either directly by interference with the court, or indirectly by interference with the suitor.

The chief justice's plan might indeed be extended to all cases without reference to the value in dispute; but if there are to be local functionaries of talents and respectability, which render them competent to adjudicate all the questions which arise in the process of preparing a cause for trial or hearing, I think it is clearly expedient that they should also have the power of deciding the cause in the first instance, and that the functions of the 25. I recommend that the Judges of the metropolitan judge should be confined to Supreme Court shall look over the records of those of an appellate judicature, it being al- the courts of original jurisdiction, and in case ways understood that I speak of an appellate they shall observe that the law has been laid judicature, from appealing to which there is down differently, or that the practice has vanothing to defer the suitor but the fear of be-ried in the different courts of original jurisdicing fined if his appeal turns out to be vexatious.

I think this is clearly expedient, because it saves time whenever the parties are satisfied that the cause has been fairly tried by the local Judge, and because in all cases it obviates the irreparable evil which may be occasioned by the death of witnesses, or the loss or destruction of written proofs between the period at which the cause is ripe for trial, and the arrival of the metropolitan Judge in the district where it arose.

tion, shall take a note thereof, and shall consult together thereupon, and shall draw up a draft of such a declaratory law as the case may seem to them to require, and submit the same to the Governor, who shall thereupon pass, with the usual legislative forms, such law as the case may seem to him and to those who may partake with him in the legislative function, to require, without prejudice however to the right of the Governor, and such persons so partaking with him in the legislative function, to legislate upon these, as upon all other subjects, without such recommendation.

My reason for recommending that the original civil jurisdiction now exercised by the Supreme Court in the district of Colombo shall The expense of the actual judicial establishbe abolished, is that I apprebend that the ap-ments, described in the first part of this pellate jurisdiction of the whole island, and Report, is 36,215/.*; and I cannot underthe general superintendence which, by recommendations 22 and 23, I propose that this court should exercise in addition to that exercised by way of appeal upon the motion of a

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£ s. d.

Annual expense of the present Judicial Establishment of
Ceylon.
Provincial Courts,

Supreme Court,..

Magistrates' Courts,
Judicial Commissioner, Kandy,
Magistrate, Kandy....
Judicial Agent, Kurunegalle,

Half of the fixed Establishment of agents of govern
ment,....
Contingencies fixed,
Contingencies unfixed,.
Circuit of the Supreme Court,.

Total per Annun,..

13.030 18

8.987 11 6

6,008 15 6

2,443 14
315
272 14

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£ 36,245

take to say that justice can be effectually appears to me of so much greater immediate administered to 800,000 people at a much importance than any other, that I propose to cheaper rate; but I can pledge myself that lay my opinions upon it before your Lordship the sum required for that purpose, if my as soon as possible. views should meet your Lordships' approbation, will not exceed the amount of the present expenditure.

The mode of educating the gentlemen who are to fill the judicial situations is a subject which cannot be separated from that of educating the Civil Servants in general, and which therefore cannot conveniently have a place here.

I have written the greater part of a Report upon the Laws of Ceylon, as distinguished from the rules of procedure; but that particular portion of them which regulates the Jabour extorted by force from the natives,

Report (it obtrudes itself at every step upon I have touched upon the subject in this an inquirer into the condition of Ceylon), but its connection with judicial establishments and procedure is not of a nature to have justified me in entering into those details which, from their own importance, are deserving of your Lordships' most attentive consideration.

C. H. CAMERON.

London, 31st January, 1832.

To the Right Honorable Viscount GODERICH, &c. &c. &c.

DUTCH TREATY OF 1824.

Before, however, proceeding further in our remarks, we think it right to lay before our readers those articles of the Treaty to which we have been referring :

It is now fast approaching a period of twelve | parture from the terms, or a violation of the years since the signature of this important spirit and principle of the Treaty, has contiTreaty between their Britanic and Netherlands nued up to the present time without attracting Majesties-a Treaty which has to compose the interference of our legislature, or inducing the differences, lull the jealousies and suspi- a single effective representation on the subcions, and allay the irritation which ages of jects! rivalry in the Eastern seas had produced between the two nations-and this desirable consummation was to be effected no less by the exchange of territory agreed to in the Treaty, than by the provisions it was intended and supposed to contain for placing the comArticle 1st." The high contracting parties merce of both in the East upon a footing mu- engage to admit the subjects of each other, tually beneficial, by establishing a principle to trade with their respective possessions in of reciprocity in their commercial relations. the Eastern Archipelago, and on the contiIn the arrangements about territory, comprised nent of India, and in Ceylon, upon the footin the Treaty, we see nothing to remark or ing of the most favored nations; their respecdeprecate-but, with respect to those stipu- tive subjects conforming themselves to the lations which refer to commerce, whether from local regulations of each settlement. superior diplomatic tact on the part of the Dutch plenipotentiaries-whether from the use of vague and comprehensive terms, which allows the means of nullifying or evading their true sense, or whether from apathy on the part of our own government in subsequently enforcing their due observance by the Dutch, we have no reason to congratulate ourselves on that portion of the Treaty. As regards our commerce with the Dutch possessions in the East, the Treaty has in fact accomplished nothing, or something worse; and, with all the disposition, the Dutch seem to have been, or to have considered themselves, left by it, with all the power they formerly possessed, to impose duties at discretion upon British trade, "In regard to any article upon which no without the slightest regard to those terms duty is imposed, when imported or exported upon which they have been allowed, according by the subjects, or on the vessels, of the nation to the Treaty, to conduct their trading opera- to which the port belong, the duty charged tions in the ports of British India. That such upon the subjects or vessels of the other, shall a state of things, the very opposite of that in no case exceed six per cent." reciprocity it proclaims, should have been intended by the Treaty, would we think be ab- If it is not easy to perceive how these artisurd to suppose; are we then to conclude cles, taken together, could without the assistthat such a position of affairs involving a de-ance of a quibble or an evation, receive any

Article 2d. "The subjects and vessels of one nation shall not pay upon importation or exportation, at the ports of the other in the eastern seas, any duty, at a rate beyond the double of that at which the subjects and vessels of that nation to which the port belongs are charged.

"The duties paid on exports and imports at a British port, on the Continent of India, or in Ceylon, on Dutch bottoms, shall be arranged so as in no case to be charged at more British subjects, and on British bottoms. than double the amount of the duties paid by

interpretation or construction which did not

"The seventh article contains an excepplainly infer a principle of commercial reci- tion to the general principle of liberty of comprocity, it becomes still more difficult to allow merce." any thing else, when the preamble of the "It only remains for the undersigned to Treaty is considered in conjunction with the unite their wishes with those of their excellennotes addressed to each other by the plenipo-cies that their respective agents in their Asiatentiaries of the respective powers before its signature. The preamble is as follows:

tic possessions, may ever shew themselves sensible of the duties, which two friendly nations both with reference to each other, and also animated with truly liberal views, have to fulfil,

towards the natives whom the course of events or treaties have placed under their influence." What could be added to all this in order to

holds out?

"His Majesty the King of the United Kingdom of Great Britain and Ireland, and his Majesty the King of the Netherlands, desiring to place upon a footing mutually beneficial, their respective possessions, and the commerce of their subjects in the East Indies, so that give better assurances for the future than it the welfare and prosperity of both nations titled to expect, from such liberal professions A British public were surely enmay be promoted, in all time to come, without and lofty announcements, that some beneficial those differences and jealousies which have in change in our commercial relations with the former times interrupted the harmony which Dutch Eastern possessions had been carefully ought always to subsist between them &c. &c." provided for, and would accordingly take The note of the British negociators is conplace. But what after all ensued? At the ceived in such spirit as the following, viz: very time the negotiations were pending which "In proceeding to the signature of the ended in the Treaty, a proclamation + was isTreaty which has been agreed upon, the sued in Batavia by Baron Vander Capellan, plenipotentiaries of His Britannic Majesty the then Governor-General of Netherlands have great satisfaction in recording their India, imposing an ad valorem duty of 25 per sense of the friendly and liberal spirit which cent. upon all foreign cotton and woollen has been evinced by their Excellencies the manufactures imported from the westward of plenipotentiaries of His Netherlands Majesty; the Cape, whether on Dutch or foreign botand their conviction that there is on both toms, and of 35 per cent. if imported from sides an equal disposition to carry into effect, any foreign settlements eastward of the Cape, with sincerity and good faith, the stipulations of while their own manufactures of the same the Treaty, in the sense in which they have been description were imported free, and have connegotiated."

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'They willingly acknowledge the readiness with which the Netherland's plenipotentiaries have entered into stipulations, calculated to promote the most perfect freedom of trade between the subjects of the two crowns, and their respective dependencies in the Eastern Archipelago."

They feel assured that under the arrangement which is now concluded, the commerce of both nations will flourish, and that the two allies will preserve inviolate in Asia, no less than in Europe, the friendship which has from old times subsisted between them. The disputes being now ended, which, during two centuries, have occasionally produced irritation, there will henceforward be no rivalry between the English and Dutch nations in the East, except for the more effectual establishment of those principles of liberal policy which both have this day asserted in the face of the

world."

The Dutch plenipotentiaries are less eloquent and much more reserved, in their reply, upon the freedom of commerce which the British so readily proclaim, but their acknowledgment of its principle is sufficiently obvious in what follows:

tinued upon the same footing up to the present time. And not only have these duties never since been reduced, but, on the contrary every succeeding measure of the Dutch Government, relating to duties, has had it in view to augment the burden. Take for example the indirect and unfair means they took of accomplishing that object, and at the same time of gratifying their " Trading Company," by causing in 1828 the taxation of the value of our cotton and woollen importations, to be made at the Custom House at Batavia, instead of as formerly by a merchant of each nation, and where a purposed augmentation of the invoice cost was made of full 30 per cent. before any duty was levied; which, by this unworthy and underhand course, was increased to 35 and 40 per cent. !

Such are some of the fruits of the Treaty which appears intended to fix and limit the extent of duties chargeable by each nation upon the goods of the other! and which instead of effecting any thing of the kind with regard to the British, has left us open to a system of restriction and prohibition which may be carried to any extent-for, if there be nothing contained in the terms or spirit of the Treaty which limits the Dutch to a specific rate of duty, there can be nothing to prevent their quadrupling the duties as they now stand whenever they may conceive such a measure conducive to their own interest. We are then, it seems, inevitably led to the conclusion either

The essential aim and principal tendency of the treaty is evident to all who read its different articles with attention. What is therein expressly stipulated ought to suffice for the removal by common consent, of all uncertainty Moluccas. which might present itself in the sequel."

*The article in question refers to the Spice Islands of the + Dated the 14th February, 1824.

that there is nothing in the Treaty securing, able portion of these articles, have this year or intending to secure for us, the reciprocity necessarily confined themselves to the purtalked of-that all the eloquence on the part chase of Indian cotton goods to which the proof the British negociators about the "most hibition does not extend, they continuing at a perfect freedom of commerce" and so forth, duty of 35 per cent. That this oppressive is no more than so much mere holyday talk- measure is mainly directed against the trade and that, in short, the Treaty itself, in respect of this settlement no one can for a moment of its commercial stipulations as affecting the doubt-as little is it to be questioned that it British, is only so much waste paper :-or, is not likely to be attended with all the sucwe must be compelled to assume that the cess desired, for restrictions of that nature are Government of Netherlands India has per- the best of all calculated to promote successsevered, and been allowed to persevere, ful smuggling. in a system which involves the most gross and That such attempts on the part of the Dutch open violation of nearly all the stipulations to depress our commerce in the Eastern seas, relating to commerce which the Treaty con- wherever they possess adequate means or intains. The question indeed seems to offer it- fluence, are not only in direct violation of that self in no other point of view; and if the spirit understanding which the treaty was intended in which the negotiation was conducted, and to create, but at the same time, constitute acts the principles recognised by both parties, are of the most flagrant impolicy, is, we conceive, all on our side, as assuredly they are, what is undeniable. That policy which labours to there in the mere wording of the articles of raise up obstacles to commerce, to fetter its the Treaty which can guard the Dutch against tendency, and contract its limits, in the vain the imputation of unauthorised aggression hope of establishing a system approaching to upon our commerce in their Eastern ports? monopoly, will, in the end, assuredly prove The arguments which we heard advanced by most injurious to those who indulge in its exor for the Dutch in favour of their right under ercise. The Dutch could not pursue a more the Treaty to impose the duties complained hurtful and iniquitous course towards their of, appear of the most vain and trifling nature; colonies in the Eastern seas than they are now and, if we were to listen to and adopt their in- doing, by endeavouring to shut out our manuterpretations of its commercial stipulations, factures from their ports. It could easily be England would be represented as having ne- shewn, what experience has already proved, gotiated for the sole and important privilege that an opposite course would greatly add to of importing and exporting on her own ships, their colonial revenues. Is it then expected, at specified terms, Dutch goods at one of their by imposing such burdensome restrictions ports in the East-a boon well worthy the upon the importation of British cottons and consideration of the largest manufacturing na-woollens into Java, to secure a consumption tion of the globe. But, thanks to the ambi- among its six millions of population of Dutch guity of words, the bad faith and insincerity articles of the same kind, and convert Holland of the Dutch goverment, or the apathy or pli- into a great manufacturing nation? No policy ancy of our own, that paltry and insignificant could be more short-sighted. Holland posprivilege is all we have yet obtained by a Treaty sesses no facilities for the operations of manurespecting which there was such an abun- facture, and her home consumption of such dance of favourable augury. All then that articles amount to next to nothing. In the this boasted" freedom of commerce" amounts course of events she may lose Java as she lost to would appear to be, that vessels were free Belgium,-and what then would be the situato carry our goods and manufactures to one tion of her capitalists and manufacturing po-, Dutch Eastern port, and the Dutch were free pulation who had been engaged and trained to impose upon them whatever duties they up in a branch of industry, foreign to the nathought fit! tural means and wants of forcing and blostering, for the produce of which she had lost her best and only market?

It is true the state of affairs here commented on, affords no new cause or source of complaint and that the grievance is now of about It is probable that some representation, upon a dozen years standing. But, besides that it the subject of these observations from the merdoes not appear altogether too late to inquire chants of this place, aided by their friends whether the evil is irremediable, our attention at home, would not be considered unworthy has been recently drawn to the subject by re- of attention by government, and would evennewed attempts on the part of the Dutch to tually lead to the fair opening of so desirable impose further and still more oppressive res- a field for our capital and enterprise. “Britraints upon our trade at their out-ports in the tish capital and enterprise raised Calcutta Archipalago. At Macassar the duty upon in the short space of half a century to be the our cottons and woollens, imported from this wealthiest and finest city the East ever saw. place, was, last year, raised from 35 to 70 per They raised Madras midst the sands of the cent; and this year their direct importation Carnatic in the same period to the second from this port at that settlement is altogether rank. They converted the barren island of prohibited, unless cleared out from Batavia, Bombay into the second commercial city in or the minor ports of Sourabaya and Sama- Asia. They have rendered Canton superior rang, where they still continue subject to a in wealth and population to the Imperial city. duty of 70 per cent. The consequence has In six years they collected 12,000 industrious been that the Bugis traders from that port, inhabitants in the hitherto desert and barren who used annually to export from this a valu- island of Singapore, who instead of commit

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