LIBRARY 
 
 W*»VFRS4TY OF 
 CALlFOmiA 
 
^x 
 
CONSIDERATIONS 
 
 ON THE 
 
 PRESENT POLITICAL STATE 
 
 OF 
 
 INDIA ; 
 
 EMBRACING 
 
 OBSERVATIONS ON THE CHARACTER OF THE NATIVES, ON THE 
 
 CIVIL AND CRIMINAL COURTS, THE ADMINISTRATION 
 
 OF JUSTICE, THE STATE OF THE LAND-TENURE, 
 
 THE CONDITION OF THE PEASANTRY, 
 
 AND THE 
 
 INTERNAL POLICE OF OUR EASTERN DOMINIONS ; 
 
 INTENDED CHIEFLY AS 
 
 A MANUAL OF INSTRUCTION IN THEIR DUTIES, 
 
 FOR THE 
 
 YOUNGER SERVANTS OF THE COMPANY. 
 
 BY 
 
 ALEXANDER FRASER TYTLER, 
 
 LATE ASSISTANT-JUDGE IN THE 24 PERGUNNAHS, BENGAL ESTABLISHMENT. 
 
 Omnium autera reruin, nee oplius est quidquam ad opes tuendas, quam 
 
 diligi, nee alienius qukra timeri. 
 Non jam sunt medioeres hominum libidines, non paucse insidise ac toleran- 
 
 dae : nihil agitant nisi caedem, nisi incendia, nisi rapinast. Cic. 
 
 SECOND EDITION. 
 
 VOL. I. 
 
 ■» — 
 
 LONDON : 
 
 PRINTED FOR BLACK, PARBURY, & ALLtN, 
 BOOKSELLERS TO THE HONOURABLE EAST-INDIA COMPANY, 
 
 LEADENHALL STREET. 
 
 1816, 
 
s y 
 
 (vimj ^untw^ 
 
 GRANTHALOKA. 
 
 ANTIQUARIAN B0^< .ELLEftS. 
 Sfl. Ambica Mnnkherjee Roadg 
 Belgharia. Weet 
 
 Printed by Cos and Baylit, 
 Great Queen Street, Lincoln's-Inn-Fielda. 
 
\j\JGQ 
 
 TO / / b 
 
 CHARLES GRANT, Esq. M. P. 
 
 CHAIRMAN 
 
 OF THE 
 
 HONOURABLE THE EAST INDIA COMPANY: 
 
 AS 
 
 THE ONLY TESTIMONY HE CAN OFFER 
 OF HIS GRATITUDE, 
 
 THIS WORK 
 
 IS, WITH SENTIMENTS OF SINCERE ESTEEM, 
 DEDICATED BY 
 
 HIS OBEDIENT SERVANT, 
 
 ALEXANDER FRASER TYTLER. 
 
 June 23, 1815. 
 
 ^ 2*70 
 
^;sr 
 
 li-i v'Jli 
 
 :i.yaA 
 
 
ADVERTISEMENT. 
 
 It was the intention of the Author not to have pub- 
 lished a second impression, until, by the addition of 
 much new matter after his return to India, and by 
 altering in many places the faulty arrangement of his 
 materials he might be able to render his Work more 
 worthy of the public support — But the state of his 
 health demands that he should leave England imme- 
 diately and he has only time to make those many 
 corrections, which his absence abroad, at the time of 
 printing the first Edition, have unfortunately rendered 
 necessary. He is sorry that he cannot make a better 
 return to the Public for the very flattering reception 
 which they have given his work. 
 
 London, Nov, 28thy 1815. 
 
'•:i c*ai5: 
 
 'i>H^''>d 
 
 ^' ':i~'> 
 
PREFACE 
 
 It is in the contemplation of the Govern- 
 ment of Great Britain, most materially to 
 abridge the privileges of the East-India 
 Company, by admitting private speculators 
 to a participation in their trade. It is only 
 within these few years, that, after a series of 
 arduous and protracted exertions, the con- 
 cerns of the Company have begun to assume 
 a more promising appearance; and it is, 
 therefore, perhaps, more than unfortunate, 
 that this period should have been chosen by 
 Government for the agitation of those mea- 
 sures which are likely to prove hurtful, not 
 
 A 4 only 
 
Vlll PREFACE. 
 
 oxA^ to the general Mercantile Interests of 
 the Company, but still more in weakening 
 that singular Tenure by which we have i^j 
 long held our Indian possessions, jhhi^io 
 
 ^, _.. _» 
 
 The existence of this Company as '^8 
 Commercial Body, is dependent upon theii^' 
 trade, as well as on the internal administra- 
 tion of their dominions, and the easy col- 
 lection of their revenues ; and as an attack 
 is now meditated against the former of these, 
 it becomes them, more than ever, to dedi- 
 cate their attention to the improvement of 
 the latter. To the Land, as the chief source 
 of their revenue, their efforts must be first 
 directed ; to the increasing the security of its 
 tenure, to the amelioration of the condition 
 of its labourers, proaioting by this means its 
 only certain and effectual improvement.^^^ 
 
 As to the Revenue itself, they must en- 
 deavour, by every means,' to' increase the 
 
 facility 
 
PREFA:CB. ff^ 
 
 facility of its collection ; whilst, byasedu^, 
 lous attention to the system of their Police^j 
 they impart tranquillity to the industrious^^ 
 overawe the idle and the vicious, and by 
 conferring security on the property of the 
 lower orders, encourage them in honour- 
 able exertion. 
 
 j^These are great and noble objects:-:?- 
 When we consider the extent of our Indian 
 dominions, and that immense population,^ 
 for the welfare of which this country is 
 BOW responsible, their importance is almost 
 incalculable ; and the Author of this Work 
 would certainly never have ventured to 
 submit it to the Public, did he not consider, 
 tli^t those pages which attempt, even in 
 thppjfieeblest manner, to promote these ingi- 
 portant ends, will not, probably, be exa- 
 mined with that critical precision, which is 
 more properly applied to the productions of 
 taste and imagination^ , ^^^^^.^^^ ^^^^ 
 
 It 
 
X PREFACE. 
 
 It is a fact which, however singular and 
 unfortunate, is yet founded in truth, that 
 those persons from whom correct informa- 
 tion on these subjects might justly be ex-* 
 pected, are generally the least able, from 
 the peculiar circumstances of their situa* 
 tion, to supply it: I mean the Company's 
 Servants. tj0 
 
 During the early period of their resi- 
 dence in the East, every hour must be em-^ 
 ployed in the acquisition of the languages, 
 in the study of the laws of the country and 
 the manners of the natives ; whilst the lat- 
 ter years of their service are still more un- 
 remittingly engrossed in the discharge of 
 the irksome and arduous duties of their 
 professsion. 
 
 To the younger Servants of the Company 
 another remark is applicable. In every 
 other service, a young man has to go 
 through all the preparatory steps of what 
 
 may 
 
PREFACE. Xi 
 
 may be termed a practical education, for 
 that profession which he is to follow ; nor 
 is he employed in any office of responsibiUty 
 until he is in some measure fitted for a dis- 
 charge of its duties. He is not entrusted 
 with money and power until his judgment 
 and discretion are matured, and until ha- 
 bits of business and application are become 
 familiar to him. But the Company^s Ser- 
 vants are sent to the enjoyment of wealth 
 and power while they are yet boys. On 
 their arrival they are, indeed, sent to a 
 College ; but let it be remembered, that the 
 one half, or more than the one half, con- 
 sider this college as a second school, revolt 
 against it, and learn nothing; the other 
 half learn only the native languages, — a 
 very necessary requisite to the due discharge 
 of their duty, — but still only one out of 
 many requisites. Relieved from the tram- 
 mels of college, no inconsiderable portion 
 of the young men lead a life of comparative 
 indolence and extravagance, as assistants to 
 
 Collectors 
 
Xll PRErACE/ 
 
 Collectors and Commercial Residents, lli^ 
 rest, entering the judicial line, are bur- 
 dened witn tne cares, and invested with the 
 power attending the office of a Judge, 
 while, as yet, they have scarcely one quali- 
 fication for the situation excepting a know^- 
 ledge of the languages. The duties they 
 have to perform will not admit of study. 
 Their leisure hours, ("which are few in num- 
 ber now-a-days) they must employ in exer- 
 cise, or within a few years their constitu- 
 tion is ruined. -^^ -i^a 
 
 But, even allowing that some few of them 
 find opportunity to study, and wish to di- 
 rect their attention to the histd%' 4f^fle 
 country, the manners of the natives, their 
 habits, religion, revenue, and land-tenures, 
 which are the most interesting objects 6f 
 inquiry ; still, one great means of informa- 
 tion, namely, an actual intercourse with the 
 natives, is denied them, from the false idea, 
 that it is inconsistent with the dignity of their 
 
 station^ 
 
PKEPACE.^ XUl 
 
 station, and attainable only by a private in- 
 dividual residing among the natives, and 
 I familiarly conversing with them, and not by 
 a public servant. 
 
 ■"Hi-.-' 
 
 ~ .^J'rom these causes it arises, that we are 
 
 »ot possessed of a single work of a nature 
 to instruct, or even to point out the means 
 of instruction to the young Civilian. In the 
 following Essay, one of their own number, 
 who has laboured under all the disadvanta- 
 ges above stated, has attempted to supply 
 this defect. He has endeavoured to furnish 
 them with a few rules for their conduct at 
 Jheir first outset in the Indian world. He 
 has, in the next place, turned his attention 
 ^to the actual state of the country and cha- 
 racter of the natives, under which subject 
 the landed tenures of India, and the condi- 
 tion of the Ryots^ or labourers of the soil, 
 are more particularly considered. ,<. 
 
XIV PBJRPACE. 
 
 The work is concluded by some consi- 
 derations on the Police of India, and the 
 Means for its Improvement, — a subject of 
 the most vital importance, as it deeply in- 
 volves the happiness of our Indian subjects. 
 The Author submits his attempts to his fel- 
 low Civilians, and to his employers, the 
 East India Company, earnestly hoping, that 
 they will bestow some reflection on the si- 
 tuation of the Junior Members of their ser* 
 Yicey who are destined one day to govern their 
 Eastern Empire. He shall only add, that 
 his efforts will be far from lost, should they 
 in any degree induce a more attentive consi- 
 deration of these subjects than they have 
 hitherto received ; still less will they be in 
 vain, if, by any of those hints which are 
 suggested on the subject of the lower classes 
 in India, their present unhappy conditioki 
 should be in any degree ameliorated. 
 June, 1813. 
 
ipm>^ :*rjKO 
 
 ^Af 
 
 CONTENTS 
 
 io!> - ?f' 
 
 OF 
 
 VOLUME FIRST. 
 
 if*^ 
 
 Page 
 
 Introduction, - - - 1 
 
 CHAP. I. 
 
 The Situation of the Young Writers. — Their pre- 
 vious Education. — Their Debts contracted at 
 College.— Their Studies there.—Of the Colleges 
 of Hertford and Fort William. — Choice of their 
 Line in the Service, &c. - - 27 
 
 CHAP. II. 
 
 Description of the Country, and its Population, 
 with some account of the different Races of its 
 Inhabitants. — Of the Government. — Of the 
 Courts of Justice.— The European and Native 
 
 Servants 
 
XVI CONTENTS. 
 
 ♦ . 
 
 Page 
 Servants of the Company. — The Progressive 
 Improvements in the Judicial System. — In Po-:K^ 
 lice. — The Regulations enacted on these Sub- 
 
 CHAP. III. C|C|Bll 
 
 On the Causes of Delinquency in India.— Divi- 
 sion of the Causes. — First Cause : the General ^\ 
 Depravity of the Brahmins, and of the Lower 
 Orders, and the total want of Religious and ^ , 
 Moral Principle. — Observations on the Prin- 
 ciples of Indian, compared with English Juris- 
 prudence, - - . 203 
 
 CHAP. lY. 
 
 Second Cause of Delinquency, viz. Poverty of. 
 the Lower Orders from the Oppression of the 
 Zemindari/ System, and more particularly from 
 the Sub-division of Landed Property under the 
 IjaradarSy Kotkinadars, and Dur-Kotkinadars. 313 
 
 INTRODUC- 
 
 ■■j? 
 
 

 INTRODUCTION 
 
 Xhe leading object of this Work is to fur- 
 nish to the younger Servants of the East-In- 
 dia Company, some instructions for their 
 conduct, both on their arrival, and during 
 their subsequent employment as judicial 
 servants in India. But there were other ob- 
 jects for which it was written. It was in- 
 tended, by introducing the young Civilian 
 to some acquaintance with the nature and 
 principles of our Indian Government, to 
 prove that there exists in the Civil Consti- 
 tutions, — in the Religion, — the Laws, — the 
 VOL. I. B peculiar 
 
11 INTRODUCTION. 
 
 peculiar habits and prejudices of the People 
 of India, — compared with those of Europe, 
 — differences so radical and decided, that 
 they have hitherto defeated those beneficial 
 effects which were anticipated from the in- 
 troduction of our own government and our 
 own laws; and that, unless some modifica- 
 tions take place, these happy consequences 
 never can result. If this truth has been 
 established, the main object of the Essay 
 has been gained. 
 
 Let it not, however, be imagined, thatki 
 the changes which are proposed, the grand 
 principles of our present Eastern Governr 
 ment, the Constitution of our Courts, or 
 the Perpetual Settleinent of the land-reye- 
 nue, are in any degree to be attacked, Th^ 
 general principles on which India is govern- 
 ed, are in every vyay calculated for Jts s^^- 
 curity and welfare. The Constitution pf its 
 Courts, (Courts of Equity an^ Conscjeftce, 
 
 not 
 
INTRODUCTION. ill 
 
 not Courts of Law,) is most happily con- 
 structed for the speedy redress of grievances, 
 and even the Perpetual Settlement , with all 
 its errors, (and these are not few in num- 
 ber,) is yet, perhaps, in its general prin- 
 ciples, the best that has hitherto been pro- 
 posed, and, with a few changes, may still 
 be highly conducive to the prosperity of our 
 Indian dominions. 
 
 The present favourable appearance which 
 the affairs of the Company have assumed, 
 ought not to induce them to shut their eyes 
 against future and more gloomy prospects. 
 It is not impossible, that their revenue may 
 now be realized with facility, and yet that 
 the country may become daily less capable 
 of producing that revenue. The existence 
 of a number of abuses, which some may 
 esteem trifling, because they may be easily 
 removed, but which are serious, because 
 they chiefly affect the labouring classes of 
 B 2 our 
 
IV INTRODUCTION. 
 
 our Indian population, render such a result 
 much too probable. Yet these evils may 
 be remedied by a few changes, which shall 
 in no way shake the general principles gf 
 Qur Eastern Government. ? ^o noit 
 
 This unfavourable picture is not general- 
 ly believed to be a true one ; and so great 
 is the weight attached at present to the opi- 
 nions of those who contend on the opposite 
 side of the question, that few have been 
 found daring enough to judge for them- 
 selves, or to credit what they themselves 
 might daily witness, because all was found 
 at variance with the doctrine of great au- 
 thorities. It is, therefore, no small degree 
 of presumption in a young man to dispute 
 the propriety of arrangements which time 
 ought to have matured, and experience 
 sanctioned as the best. What I am about 
 to state will, perhaps, plead my excuse. I 
 entered on the duties of my profession as a 
 
 judicial 
 
introduction; v 
 
 judicial servant of the Company, possessed 
 of few of the many qualities necessary for 
 their discharge. All that I had attained, 
 was a knowledge of the languages, a convic- 
 tion of my ignorance, and a desire for im- 
 provement. The regulations of the Com- 
 pany informed me, that the land belonged 
 to the Zemindars^ and that the peasants 
 had no property in it. 1 did not enter a 
 single village where this was not contradicted 
 by all that I saw. The Regulations prescri- 
 bed many rules of action, both in Civil and 
 Criminal matters, but particularly in Police, 
 which I found inconsistent with the charac- 
 ter and habits of the natives, and totally in- 
 adequate to the end proposed. It was evi- 
 dent that something was materially wrong ; 
 yet a young man, especially when conscious 
 of his own inexperience, will dread to ques- 
 tion the authority of his superiors. It was, 
 however, impossible not to attend to the ac- 
 tual condition of the lower orders ; and I 
 ' B 3 began 
 
VI INTRODUCTION. 
 
 began to take notes of what I remarked, re- 
 solving at a future period, when leisure 
 should permit, to make myself master of the 
 opinions of others, and to compare them 
 with the results of my own observations. 
 The notes thus collected form the grounds- 
 work oi the present Essay ; and, although 
 deeply sensible of the many imperfections 
 in its execution, yet, with regard to the facts 
 it contains, I feel somewhat more confident. 
 I allude here more particularly to that strik- 
 ing incongruity which will be observed to 
 subsist between that picture of India pre- 
 sented by the Reports of Government, and 
 the existing state of the country as it is de- 
 scribed from actual observation. It is im- 
 possible to believe, that the natives in the 
 different Zillahs of Bengal, where these ob- 
 servations were made, misrepresented en- 
 tirely their real conditions ; that they were 
 playing a part ; or that their habits, manners 
 and condition, were the very reverse of what 
 
 I be- 
 
INTRODUCTION. VU 
 
 I beheld. To secure more effectually 
 agairiiSt any thing like ai coloured or preme- 
 ditated story, I have been accustomed td 
 associate araoilgst the natives, where my 
 name and person were unknown ; and it 
 will be allowed, that the information which 
 can be collected from these classes in this 
 liiahner, where ignorance of your condition 
 encotirages them to be communicative, and 
 familiarity removes suspicion, bids fair to 
 be correct. 
 
 In the discharge of my duty, in a trouble- 
 some Zf/ZaA, (the Twenty-four Pergunnahs), 
 in July 1812, I had the misfortune to b6 
 taken ill of a complaint in the lungs ; and 
 after having, in vain, tried the air of th^ 
 uppef stations, I was reduced to the unplea- 
 sant necessity of taking a voyage to St. 
 Helena. The arrangement of these Note^ 
 into their priesent form, constituted my prin- 
 cipal amusement at sea, and the perusal of 
 
 B 4 • \ those 
 
via INTRODUCTION. 
 
 those works which I could procure in Cal- 
 cutta, and which, either principally or in- 
 cidentally, treat of some of the subjects 
 embraced by this Essay. The chief of these 
 were. Grant '^ on the J^emmd«ry Tenures 
 of India," Law *^ on the Resources of 
 '* Bengal," Paton ^' on Asiatic Monar- 
 '* chies," CoLEBROOKE " on the Husban- 
 *^ dry of Bengal," the Supplementary Vo- 
 lume to the Digest of the Regulations 
 by the Elder Mr. Colebrooke, and Mr. 
 Ward's work " on the Hindoos." 
 
 It was a matter of considerable satis- 
 faction to me, that, after the perusal of 
 these works, I did not find it necessary to 
 alter any of the opinions I had already 
 formed, either on the subject of the Native 
 Character, the grand question of the Ze- 
 mindary Tenure, or the defects of the Sys- 
 tem of Police. On the contrary, their 
 
 perusal 
 
INTRODUCTION. IX 
 
 perusal has added confirmation to these 
 opinions.* 
 
 It may naturally be asked, how it should 
 happen, that men of the most distinguish- 
 ed talents, and who, from their long resi- 
 dence in the country, ought to be capable 
 of forming a correct judgment, have hither- 
 to misled the public opinion upon these sub- 
 jects ? To this* it can only be answered, 
 That, however eminent the talents of these 
 great men, their high and dignified station 
 
 prevented 
 
 * Since mj arrival at St. Helena, I have been favour- 
 ed with the perusal of the work of the present Gover- 
 nor of the island. Colonel Wilks, on the History of the 
 South of India, and also of the First Report of the House 
 of Commons on Indian Affairs ; and it is most flatter- 
 ing to me to find, in both of these works, but particu- 
 larly in the Appendix to the History of the South of 
 India, some of those opinions I had ventured to give, 
 supported and elucidated with great ability, and a tho- 
 rough knowledge of the native character. 
 
» IKTRODUCTION. 
 
 prevented the possibility of their mixing 
 familiarly, and entering into conversation 
 with the peasantry of the country, and that 
 every other source of information was partial 
 and interested. Those Servants of the Corfi- 
 pany, to whose exertions we owe the Per- 
 petual Settlement, having once committed 
 aii error in too precipitately yielding to 
 the anxious desire of the English Govern- 
 ment for this unfortunate settlement of 
 the land, had shut their ears to all cool 
 argument on the subject, and closed their 
 eyes on the real situation of the country. 
 From them nothing, therefore, could be ex- 
 pected. 
 
 The higher ranks of the natives, whose 
 families were to be enriched and ennobled 
 by their becoming the proprietors of the 
 land, and the officers of our Courts, who 
 well knew they should come in for a share, 
 both of these were naturally eager for the 
 new system. The peasantry, the Ryots 
 
 alone 
 
INTRODUCTION. XI 
 
 alone would have told a very different tale, 
 but they were awed into silence. How 
 should it have been otherwise ? Against the 
 Supreme and Ruling Authority, against the 
 Oflicers of Government, against the great 
 landed proprietors, against the powerful 
 body of the native officers of our Courts, 
 what could the Ryots effect ? 
 
 **' One Chapter is purposely devoted to a des- 
 cription of the effects of the arrangement of 
 Government respecting the Land Settlement, 
 and the picture there given of the present si- 
 tuation of Bengal is not exaggerated. Froitt 
 whatever causes it may have proceeded, such 
 is at present the actual situation of things. 
 And yet such is the strong prejudice upon 
 the other side of the question, that one is 
 more likely to be condemned than applaud- 
 ed for telUng the truth. This does not in- 
 timidate me : '^ Potestas modo veniendi in 
 '^publicum sity dicendipericulum non rectiso/' 
 
 %t^Vi ^^fft vyTri, ^ifp ^.mm^'^ It 
 
XU INTRODUCTION. 
 
 It is impossible that I should sit -itf a Civil 
 Court, and daily have causes brought befdrt 
 me, in which it appears that the unhappy 
 Myots still cling to their property, — still in 
 their necessities dispose of this property by 
 sale, mortgagCy and other methods, — it is 
 impossible that I should see this, and yet be- 
 lieve, that in this property they have no rights 
 There is not a Judge or Magistrate in Ben- 
 gal, whose unbiassed opinion will not cor- 
 roborate this statement. ~ 
 
 From conversations with the natives in 
 the Upper Provinces*, I am convinced that 
 
 * I went ashore one evening at a small village near 
 Buxar, and being unattended, I found it easy to enter in- 
 toa familiar conversation with the principal i2yo^5. They 
 said they had resided on their lands for ten or twelve 
 generations : That the Zemindars had never attempted, 
 nor could they dispossess them. They pay at the rate of 
 250 rupees rent for 100 bigahs, and this rate has never 
 
 ..ai ,fii^,.4u;k v^aos|t|creased 
 
INTRODUCTION. XlU 
 
 tbe same ideas prevail there ; and from Co- 
 lonel WiLKs's very able disquisition, in the 
 5th Chapter of his work, as well as from the 
 corroborative proofs of the same facts which 
 I have heard from himself during the tinj^e 
 that I enjoyed his society at St. Helena, it 
 is evident to me, that the same order of 
 things is prevalent also in the South of In- 
 dia. I have, moreover, understood, that in 
 England the opinions formerly entertained 
 
 on 
 
 increased nor diminished. The trees on the land are their 
 own. The Zemindars could not cut them, hutthei/ithe 
 Rt/oIs) could, and without asking leave of the Zemindars. 
 They are the owners of the land, and the Talookdars on- 
 ly receive the rents, and had no interference whatever 
 with the management of the land. They say, their fa- 
 thers recollected the time when they lived without the 
 assistance of the Mahajuns (or money-lenders, a pecu- 
 liar set of men, whose profession will be afterwards des- 
 cribed), but for a long time past they have been reduced 
 to the alternative of employing Mahajuns. The village 
 Putwarries (or Registers) are, among them, the servants 
 of the Ryots, not of the Zemindars, 
 
|^|V INTRODUCTION. 
 
 on the subject of the Zemindary Tenure 
 have undergone a very great revolution, 
 and that there are not now many to be found 
 who sincerely defend the arrangement which 
 has been made, or who do not, in their own 
 minds, believe that a very fatal error has 
 been committed. 
 
 One of the chief objects of this Essayist 
 to evince, that this error, although great, 
 is not irremediable : That, without altering 
 the present arrangement regarding the Per- 
 petual Settlement, much may yet be done 
 for the unfortunate peasantry of India. The 
 effects produced by the errors of this ar- 
 rangement have been indeed pointed out ; 
 but I must again repeat, that this very ar- 
 rangement may, with a few modifications, 
 be still rendered subservient to the prospe- 
 rity of the Company and the happiness of 
 the natives. It yet lies in the power of Go- 
 vernment to rescind their last regulation re- 
 ■ " ^ garding 
 
JJ^TRODUCTION XV 
 
 gar ding the authority of the Zemindars to 
 follow their own pleasure in giving leases of 
 tbeir lands; and, instead of allowing the 
 Zemindars to let out their lands on what- 
 ever terms, and for whatever period they 
 choose, they may be required to grant writ- 
 ten leases. They may be required to grant 
 these leases for a longer period of endu- 
 rance, thereby making it the real interest of 
 the Ryots to improve the land. The ob^ 
 noxious clause in this regulation, and of 
 which the landholders have made so bad a 
 use, is this : ^' And the proprietors of land 
 ^' shall henceforth be considered competent 
 Hr^ grant leases to their dependant Talook- 
 *^ dar^, under-farmers, and JSyo/^, and tore-, 
 f^.^ ceive correspondent engagements from 
 ^5 fiach of these classes, or any other classes 
 *' of tenants, according to such form as the 
 ^^ contracting par tiesmay deemmtostconvenir 
 *^ ent and most conducive to their respective 
 ** interests'^ Now, the form the most cout 
 -moi-im venient 
 
XVl INTRODUCTION, 
 
 venient and highly conducive to their pre- 
 sent interests, they have adopted, in giving 
 merely a verbal agreement instead of a writ- 
 ten lease. It is this which oppresses the 
 peasant. The practice, indeed, was former- 
 ly frequent, but it is now publicly sanction- 
 ed by Government. 
 
 It has been frequently argued, that Go- 
 vernment have solemnly pledged themselves 
 to the Zemindars not to interfere with their 
 arrangements. Let it be remembered, that 
 their word has been pledged, also, to support 
 the Ryots^ and that having once broken this 
 promise, there would be a merit in redeem- 
 ing it. The Zemindars have shewn them- 
 selves every way unworthy of the confidence 
 reposed in them. The country has not only 
 decreased in value, by their increasing mis- 
 management ; but such is now the extremi- 
 ty of wretchedness to which they have re- 
 duced the Ryots, that gang-robbery ov Da- 
 
 coity. 
 
iNTilOBUCTIOlSf. XVll 
 
 coity^ an evil too common in our Indian 
 dominions, but fostered of late years by the 
 excessive misery and indigence of the pea- 
 santry, has arisen to an alarming height, and 
 begins to threaten the most serious conse- 
 quences. An account of this evil, with a 
 few suggestions for its removal, are among 
 the objects of this Essay. 
 
 During the years 1808, 1809, and 1810, 
 when Dacoity was at its height in the ZiU 
 lahs round Calcutta, the writer of this work 
 was employed in the interior of many of these 
 Zillahsy but more especially in Nuddea and 
 Nattore, andsince thattimein ZillahHooglyy 
 and the Twenty-four Pergunnahs. During 
 these periods, he enjoyed very favourable 
 opportunities of obtaining information. 
 Amongst these was a personal acquaintance, 
 as well as a knowledge of the opinions, and 
 a minute inspection of the practice of those 
 Magistrates, who may be truly said, by their 
 
 VOL. I. c exertions. 
 
XVIU INTRODUCTION* 
 
 exertions, to have annihilated, for the time^ 
 the system of gang-robbery, and to have 
 restored peace and tranquillity to the country. 
 These vi^ere, Mr. John E1.10T, Mr. BiAc- 
 QUiERE, Mr. Bayly, and Mr. Ch arises; 
 Patton. In mentioning these names^ it is^ 
 by no means intended to exclude from their 
 deserved share of praise, a great number oi| 
 useful and intelligent Magistrates, who unir 
 ted their exertions to those of the above- 
 mentioned gentlemen. All assisted in the 
 arduous task, but these devoted their days 
 and nights to this sole object, for the accom- 
 plishment of vi^hich they had pledged thenar 
 selves to Government. The unceasing exeii«|i 
 tions of the last-mentioned gentleman (Mn 
 Patton), who, by a policy too common in 
 India, as soon as he had restored quiet to 
 oueZillahy was removed to another, promised 
 soon to undermine a constitution not natu- 
 rally strong, and which was impaired by an 
 ardent and sanguine temper and zeal for the. 
 
 service. 
 
INTRODUCTION^ XlX 
 
 service, which no thought of self ever res- 
 trained. He accordingly sunk under these 
 exertions. The Company have in him lost 
 one of the most able of their Magistrates. 
 Employed under the eye of these Magistrates, 
 with a commission which enabled him to 
 command the exertions, and to aVail himself 
 of the information of the native police- 
 officers ; attended by a large body of Goin- 
 dasy who had themselves been gang-rob- 
 bers; the Author was for eight months 
 constantly engaged in the interior of Zillah 
 Nuddea, in the apprehension and trial of 
 Dacoits. He had at that time no unfavour- 
 able opportunity of estimating the merits of 
 the Goinda System, or the use of Espionage, 
 on which there are so many and such con- 
 trary opinions. 
 
 "^That the outrages committed by Dacoits^ 
 
 Burglars, Thieves, and other descriptions of 
 
 notorious characters, have of late years great- 
 
 — c 2 ly 
 
XX JNTRODUCTION. 
 
 ]y increased; that the state of licentiousness 
 and insubordination which prevails in the 
 country is peculiarly alarming, and calls 
 loudly for redress ; must be well known to 
 every one who has been employed in the 
 judicial branch of the service. It must, 
 therefore, •appear astonishing, that hitherto 
 so very little regard has been paid to this 
 subject, that none of those able men, whose 
 experience, proceeding from long residence 
 in the country, would entitle them to make 
 the attempt, have bestowed their attention, 
 or directed their talents to so important a 
 matter, or have made known their researches 
 for the benefit of the public* 
 
 The 
 
 ^ : ^ 
 
 * It is of course not here meant, that their attentioil 
 has not been, in the course of their professional duties, 
 directed to many of the subjects connected with such an 
 inquiry, but that no work towards a general elucidation 
 of the subject, in its various branches, has hitherto been 
 attempted. ' * ' ' 1 
 
INTRODUCTION. XXI 
 
 The general utility of such studies is uni- 
 versally acknowledged, and the state of the 
 country seems to point out how particular- 
 ly useful they would be at the present mo- 
 ment. From various causes, which I shall 
 endeavour to enumerate, the power of the 
 depredators, and their ability in executing 
 their plans, is so much increased, that the 
 European character, (as has been evinced in 
 some late instances*), begins no longer to 
 command that respect, or to inspire that 
 awe, which produced such admirable effects 
 at the period of our first settlement. I trust, 
 tlierefore, that the considerations on the 
 subjects of Police which are included in this 
 Essay, may, for these reasons, be deemed 
 neither uninteresting nor unimportant. 
 
 c 3 It 
 
 * I allude to the attacks committed on Messrs. Fad- 
 dy and Lydyard, and on Mr. Smith of the Civil 
 Service, in Zillah Kishnagur. 
 
XXU INTRODUCTION, 
 
 *^^]ft'^i'i; and is still my intention, if imy 
 health should be restored to me, to go on, 
 collecting materials, and, from time to time, 
 to arrange them ; but if any one hint given 
 in the course of the present Essay, should 
 induce any of those more able men whom I 
 have mentioned, to take the subject from 
 me, I will yield it, and the materials I may 
 possess, with the greatest pleasure. As the 
 notes were made without arrangement at 
 first, and before the idea of putting them 
 into their present form suggested itself, and 
 as the arrangement has been made on board 
 ship, where I had no opportunities of refer- 
 ence to the sources of information on which 
 I had formerly relied, (namely, the native 
 Courts, and the living authorities in the dis- 
 tricts in which I had served ;) I have, in 
 many' instances, been forced to rely on my 
 memory ; and as the greater part has been 
 written during very ill health, it is hoped 
 that many inaccuracies will be pardoned. 
 
 " Those 
 
INTRODUCTION. XXlll 
 
 ^f Those who attempt much, seldom fail to 
 *f» perform more than those who never de- 
 *§rviate from the common course of action. 
 ^^ It is therefore just to encourage those who 
 f'S attempt to enlarge the powers of Art 
 f^ and Science; for even when they fail, they 
 tfii may benefit the world by their miscar- 
 ^, riage.'^* I had in view to improve my- 
 self and to be of some use to others, begin- 
 ning their education in the judicial line; but 
 one chief object, in throwing these remarks 
 together, was at first of a difierent nature. 
 I imagined, that were I to commit to paper 
 lay remarks as I went along, from the be- 
 ginning of my practice as an Assistant, I 
 should not only impress more firmly on my 
 mind the various objects worthy of atten- 
 tion, but by a retrospect, after years should 
 have given me more experience, I should 
 be able to perceive their defects, and to cor- 
 Djqoii c 4 rect 
 
 bQiiobuiq — ^— — 
 
 )8odT ''- * Dr. Johnson. 
 
XXIV INTRO DUCTION. 
 
 rect them. I am convinced, that when we 
 are anxious to obtain information, and im- 
 prove our knowledge on any subject, we 
 wovild do well to observe the advice of an 
 eminent Lawyer and Philosopher, who, in 
 conversation with a young friend, who la- 
 mented to him his want of knowledge on 
 some subject, said to him, '^ Go and write a 
 " book on it." ^' 
 
 I have to apologise, that the arrangement 
 of this Essay is not perhaps sufficiently sys- 
 tematical ; yet the division adopted is that 
 which naturally suggested itself. The first 
 chapter is particularly devoted to conside- 
 rations on the situation of the Young Civi- 
 lians, on their first arrival in India; their 
 studies in College, and their first appoiRt-* 
 ments in the Service. I have next, by at^ 
 tempting a general descriptiou^pf ,the CouD-f 
 
 * Lord Kames. 
 
INTRODUCTION. XXV 
 
 try, and the nature of its Government, and 
 by a few observations on the English and 
 Native Courts, endeavoured to give some 
 idea of that situation in which, as Servants 
 of the Company, they will eventually be pla- 
 ced, and the duties they will be called upon 
 to perform. In the Third Chapter, the Cha- 
 racter of the Natives^ and the Causes of De- 
 linquency in India, are particularly exami- 
 ned ; and the same subject, including the 
 evils originating in the Zemindary System, 
 and the Condition of the Land Tenures, is 
 continued throughout the Fourth. The 
 subject of Indian Police, the Difficulties at- 
 tending the Trial of Delinquents, arising 
 from the nature of native evidence, is dis- 
 cussed in the Fifth Chapter, at considerable 
 length ; and the Essay is concluded by Ob- 
 servations, in the Seventh and Eighth Chap- 
 ters, on the present Condition of the Jails 
 of India, and a few Hints for their Improve- 
 ment. 
 
-umoj 
 
 ... ,,^^. vi\ '\TkX^ 
 
 '•^r-'*^' % j^i t^>" T ■,r;i 
 
 
 ':'T>:'.^Ht 
 
 'iml J?Jom: ^M'A' 
 
 afi3qou,i,a ^Mi K> gmdBiciA i^dl oj aioaiBq aid 
 d^odt 'to ao0ki0pj$ adi oJ faoB ^aohuaubs 
 2ta9aid^qaio3Di^ 
 
CONSIDERATIONS 
 
 ON THE 
 
 STATE OF INDIA 
 
 CHAR I. 
 
 THE SITUATION OF THE YOUNG WRITERS, 
 
 THEIR PREVIOUS EDUCATION, — THEIR DEBTS 
 CONTRACTED AT COLLEGE, — THEIR STUDIES 
 THERE, — OF THE COLLEGES OF HERTFORD AND 
 
 FORT-WILLIAM, CHOICE OF THEIR LINE IN 
 
 THE SERVICE, ^C. 
 
 X HE most important period to a Young 
 Civilian, is that which he passes after his 
 arrival in the East, and previous to his en- 
 tering on the public service. To this pe- 
 riod may be added those years devoted by 
 his parents to the finishing of his European 
 education, and to the acquisition of those 
 
 accomplishments 
 
28 CONSIDERATIONS ON THE 
 
 accomplishments which are to fit him for 
 society. This portion of his time is very 
 differently employed by different parents ; 
 but it seems to be the general wish of all, 
 that the boy whom they are so soon to lose, 
 should imbibe a taste for the pleasures of 
 home, and the society of his friends, ere he 
 quits them for a new world. 
 
 Natural affection, and the desire that early 
 impressions of domestic enjoyment should 
 promote in the young adventurer, such ex- 
 erttons as will insure a speedy and honour- 
 able return to his native country, combine 
 to render this desire in the parents highly 
 laudable. It may also be well, that the 
 young man should learn somewhat of the 
 manners of the world under the eye of his 
 parent, ere he is sent to study them alone. 
 Our ideas, however, on what constitutes the 
 pleasures of homey are, according to the so- 
 ciety in which we live, exceedingly various. 
 The very liberal footing on which the Civil 
 
 Servants 
 
STATE OF INDIA. 29 
 
 Servants of the Company are placed, has 
 rendered the appointment to a writership an 
 object worthy the attention of even the most 
 distinguished families : And where the pa- 
 rents pass their time in the scenes of gay and 
 fashionable life, and derive their pleasures 
 and their criterion of happiness from these, 
 it will be to a participation in them alone 
 that the young man will be called. Equal 
 affection will probably promote equal anxie- 
 ty in both his parents to introduce him into 
 their respective circles of attraction. The 
 father, perhaps, is devoted to the pleasures 
 of the field. Here, then, the hounds, 
 and all those accomplishments requisite 
 to fit him to follow this sport ; the most 
 celebrated repositories, where he may re-^ 
 ceive practical instructions in the science 
 oi horse-Jleshy — Newmarket, in whose varied 
 and singular scenes, and in the society of 
 whose jockeys and racers, he will be taught 
 to recognise all that is *^ great and excel- 
 ^ygyt^y|--these and such other institutions 
 
30 CONSIJDERATIONS ON THE 
 
 will, in many instances, be found to consti- 
 tute that initiatory school, in which, during 
 the period previous to his quitting Europe, 
 he is "^^ to learn to emulate his- fathejc'gt 
 *i^.feme/' .... - ^iJ>»iiifB(q 
 
 On the other hand, the more gentle ac- 
 complishments of dressing, dancing, visit- 
 ing shops and auctions, going to routs, and 
 attending card parties, are, in their turn, 
 often encouraged by the mother. As we 
 doubly prize what we are soon to lose, the 
 boy is every where in demand, every where 
 caressed and encouraged, and, naturally 
 searching for the reason of his popularity, 
 finds a very sufficient one in his present ac- 
 complishments. These, therefore, he care- 
 fully imports with him to India, and he 
 there finds a similar, if not a better field for 
 their display.* ^/^^^ 
 
 * The fear of being reckoned national^ a fault so com- 
 monly attributed to the Scotch, will not prevent me from 
 
 '^ ' " ' ... J. . , , .,. ,,oal JgifiH svfiii sidtnitijife^ 
 
'STATE OF INDIA. 31 
 
 In India, thatgresitdesideratum, Money, is 
 ever to be found. The kind Bengalee JBa- 
 hooSy (a set of money-lenders, whose profes- 
 sion will be afterwards more particularly ex-t 
 plained,) are always at hand. The young 
 Civilian is expected, as last from home, to 
 set the fashions, and in his equipage, dress, 
 stud, furniture and table, he is accounted 
 nothing, if he does not exceed, or at least 
 equal his companions. ui^jl^ 
 
 It has frequently been matter of astonish- 
 *nt^ in wl 
 
 ment^ in what manner the debts of the 
 
 young 
 
 ,tltoi:ji/ifr- 
 
 observing, that most of the errors here mentioned are 
 confined to the education of Englishmen. In Scotland, 
 such latitude is not allowed ; more attention is paid to 
 moral and religious principles, and the consequences are 
 seen in the conduct of theyoung men from that country. 
 They are more careful and economical than their English 
 companions. The highly coloured, but genuine picture 
 hereafter given of a Young Writer, is however, by no 
 m^aiis to be considered as applying to «// the young Eng- 
 lishmen who go out to India : but of late years, the like- 
 ness will be frequently recognised; and many young 
 Scotchmen have most foolishly copied from the picture. 
 
33 CONSIDERATIONS ON THE 
 
 young Writers could amount to the enor* 
 mous sums which we so often hear of. This 
 subject is deserving of the greatest atten- 
 tion. It will be of more than common im- 
 portance to those who have yet to learn, 
 and who remain often incredulous of the 
 fact, till experience, too dearly bought, may 
 inform them of its truth. A few considera- 
 tions on this point, therefore, will neither be 
 useless nor impertinent. 
 
 The origin of such a very high expendi- 
 ture, in men so young, may be traced to 
 two principal causes. To the facility with . 
 which a large sum, (in every case to the 
 amount of 10,000 or 12,000 rupees), is ob- 
 tained by any Writer in his first year's resi- 
 dence in Calcutta, and to those liberal ideas, 
 as they are denominated, which they have of 
 money matters. In plainer terms, to that 
 shameful want of principle, which permits 
 their spending any sum of money, the pro*' 
 perty of another, where the day of payment 
 
 1 ■:rij n \^ 
 
STATE OF INDIA. 33 
 
 is at a distance, in some cases, where the 
 arrival of such a day is impossible. This 
 want of principle prevails among the young 
 men, to a degree which will scarcely be cre- 
 dited., A writer, on his first arrival, per- 
 haps brings with him a letter of credit, on a 
 house of business, for the amount of ^500, 
 or 4()0Q rupees ; for, in the estimation even 
 of the most liberal parents, this is deemed a 
 sufficient sum ; and it is perhaps as little as 
 the young man may require, (if he is care- 
 ful},, to furnish his house, and to purchase 
 the necessary articles of equipment. That 
 he should have this sum of money at his 
 command, on his first arrival, is often pro- 
 ductive of good consequences. But it is 
 only productive of such consequences, when 
 the young man is careful, or, to give it a 
 more just, and less exceptionable term, is 
 strictly honourable. In many instances, 
 where those rigid principles have not been 
 inculcated, it would be better to allow him 
 nothing : for often this allowance acts as a 
 VOL. I. D single 
 
34 CONSIDERATIONS ON THE 
 
 Single drop in the ocean; and when it is 
 swallowed up, if the house of agency will 
 lend no more, then the native Banian or 
 Baboo is employed. To those unacquainted 
 with this pestiferous class of men, some 
 explanation is necessary. »^? 
 
 The Baboo of Writers' Buildings is some 
 native of property, who makes the best use 
 of his ready money in lending it to the 
 young civilians. The interest charged for 
 the loan is generally 12 per cent. This high 
 interest, and the blamable facility with 
 which these natives advance their money, 
 are amongst the most trifling of the evils 
 thence resulting. When a sum of any mag- 
 nitude is advanced by a Baboo, one of his 
 poor and needy relations is received into 
 the house of the borrower, and forms from 
 that period, till the debt is paid, one of his 
 establishment. This Sircar, as he is called, 
 receives wages from the young civilian 
 whom the Baboo has obliged. His nomi- 
 nal 
 
STATE OF INDIA. 35 
 
 nal employment is to keep accounts of the 
 expenditure of the household, and the sums 
 advanced by the Baboo His actual duties 
 are, to insinuate himself by that address 
 which is peculiar to the Bengalee, into the 
 management of the family, and having ac- 
 complished this, to enrich himself by every 
 species of knavery. To cheat in all the ar- 
 ticles he purchases, enhance the price of 
 every commodity, by insisting on a regular 
 per-centage from the dealers, and to supply 
 every want of the young man, by immediate 
 advances of money. This vile and uncom- 
 mon species of knave, holds his situation by 
 a very secure tenure. Should the borrower 
 
 e 
 
 refuse to comply with the custom of the 
 country, by denying the Sircar admittance 
 into his household, the loan is refused ; 
 should he presume to complain of his exac- 
 tions, the immediate payment is demanded. 
 S^och a condition, the Baboo is well aware, 
 cannot be complied with. . The imposition, 
 ^therefore, of the Sircar^ increases with the 
 sqL D 2 security 
 
36 CONSIDERATIONS ON THE 
 
 security of his tenure, and the certainly of 
 escape. ^ r ' 
 
 Such is the relative situation of tn^young 
 Writer, the Baboo and his Sircar, whilst the 
 Civilian continues in College. The field of 
 spoil only opens upon a promotion to an ap- 
 pointment. If the situation is worthy of his 
 attention, the Baboo himself accompanies 
 him to his station, and insists upon being 
 employed in some official situation. If his 
 request is resisted, a sight of his bond will 
 speedily enforce compliance. If the appoint- 
 ment is one of an inferior nature, the Baboo 
 remains, but dispatches one, or perhaps more;" 
 of his Sircars. These, in addition to their ^ 
 former avocations in the household, are hoi^^ 
 presented with some of the lower offices m'^ 
 the court or district in which their Eufo-^ 
 
 pean master is employed ; a greater field 1^** 
 
 -^'ft ■*■■ 
 opened for their exertion, and nobler dft-"^' 
 
 jects of pillage present themselves. Thif**^ 
 
 same spirit of cunning and avidity for gaiS^^ 
 
 which 
 
STATE OP INDIA. 37 
 
 which at once covered and increased their 
 more paltry exactions, accompanies them 
 still in their higher situations. Directed by 
 their employer the Baboo, they intermeddle 
 with all the official concerns of their master. 
 By their falsehood, and utter want of prin- 
 ciple, they colour the cases which come be- 
 fore him ; they quash the complaints of the 
 more unfortunate natives, who have not mo- 
 ney to offer as a bribe ; they promote the 
 cause of injustice, and defeat the purposes 
 of benevolence ; and by receiving money (in 
 the name of their young master)^ by what- 
 ever hands it is offered, they degrade the 
 European character, pervert the law, and 
 contaminate the sources of public justice. 
 The account, in the mean time, is running 
 on at interest to an indefinite amount. It is 
 seldom^ if ever, that the young Writer 
 troubles himself with looking into his own 
 affairs, and when he does, his astonishmeht 
 lasts but a short time ; nor is it often suc- 
 ceeded hy good resolutions: on the contrary, 
 i D 3 how 
 
38 CONSIDERATIONS ON THE 
 
 how often do we hear the young men assert^ 
 that they never can pay their debts, so to 
 what good purpose should they retrench 
 their expences. 
 
 In India, from the effects of the climate, 
 no European ever walks : equipage and 
 horses, therefore, become an unavoidable 
 article of expense. From the circumstan- 
 ces, that all classes in Calcutta, even the 
 lowest European, must of necessity employ 
 ja carriage or horse, it is natural that the 
 young civilians should be anxious, by the 
 superior richness and variety of their equi- 
 page, to mark that distinction of rank to 
 which they have been accustomed in Eu- 
 rope ; and when we add to these more ra- 
 tional causes, the love of novelty, the desire 
 of change, the passion for expense, and the 
 ridiculous and empty anxiety to exceed 
 tfieir companions, not in the higher walks 
 of science, or of literature, but in the supe- 
 rior extravagance of their dress, or their 
 
 table, 
 
STATE OF INDIA. 39 
 
 table, or their equipage, we shall discover 
 <. some of the principal reasons for the great, 
 and yet very frequent amount, of the colle- 
 gian's expenditure.* The operation of 
 D 4 these 
 
 I' * Of all these, the expense of equipage and horses is 
 , j the most fatal. In equipage, novelty is every thing, and 
 itaffectsthebujer as well as the seller. A new carriage 
 is bought; the price is high, because it is fashionable and 
 new. It is driven awhile, loses its new loot, and be- 
 comes unfashionable. It must now be sold ; but now it 
 only brings half price ; and deducting the interest of th^ 
 i money laid out, that half price becomes less : a new one 
 . must be bought. Thus, on each successive change, a 
 large sum of money is lost. Add to this the constant 
 repairs, the expense of harness, whips, &c. But the de- 
 * ^ire of novelty has more serious effects in the purchase 
 of horses. These, though expensive when bought, as the 
 young men generally buy them from each other, or from 
 livery stables, are yet very common in India. He who 
 would make a superior figure, must, therefore, have a 
 great number, and they must be mor^ valuable than 
 ' '^^ the common run. These must also be constantly ex- 
 :i jjchanged, and that on every exchange a loss ensues few 
 jl'j^y^i\\jLenyjf^ JJ^k^ horse falls in estimation from your de- 
 
40 CONSIDERATIONS ON THE 
 
 these causes is greatly facilitated by theciir-^o 
 torn of giving and receiving bills, instead oft 
 ready money. The date of these is, or afcl 
 least always appears, distant. He that would 
 dun you for the amount of these bills, is 
 avoided and despised by his more easy and 
 fashionable friends, and, as long as payment 
 is not insisted on, the existence of the debt 
 never occasions a thought. The young men 
 his companions, to whom the civilian owes 
 money, can never be so ungenerous as to 
 require payment. His tradesmen follow 
 this good example for some time, and, in 
 many instances, delay sending in their bills 
 till years have elapsed. Their employmenti^^ 
 indeed, in some measure, depends on their 
 
 being 
 
 sire to part with him ; for, though not always true, the 
 observation is in every one's mouth, " That nobody 
 ^' sells a good horse." So strong is this desire of change, 
 that it is very common to give two or more equally va- 
 luable horses in exchange for the favourite one, on 
 whidi tl^e person may have cast his eye. . ^ 
 
• STATE or INDIA. 41' 
 
 being above receiving ready money, and the 
 Baboo, last of any, will think of presenting 
 his claims^ He is drawing an enormous in- 
 terest, an interest which doubles the capital 
 every eight years ; and, in the mean time, 
 he has, through the peculations of his Sir- 
 cars, perhaps twice or thrice received the 
 amount of his loan.* 
 
 Much 
 
 * A few observation^ must be made on the lesser heads 
 of expense. The command of money at first, and the 
 all-powerful principle of imitation, has given rise to a 
 style of living among many of the young men, the ex- 
 cessive folly of which is without a parallel in any other 
 part of the world. Their furniture must be of the most 
 expensive kind; and, when out of fa«hion, must be sent to 
 the hammer, and sold for nothing. The expense of eve- 
 ry article of household-furniture, when made by Euro- 
 peans, as the young Writer's must be, is, in India, 
 immense. But there is no day of 'payment mentioned when 
 the article is purchased. Their tables must be supplied 
 with every luxury. They keep open house. They drink 
 extravagant wines ;'never any thing under Claret, and not 
 unfrequentlyy Champaigne. These things all tell in the 
 
 end. 
 
42 CONSIDERATIONS ON THE 
 
 Much of the mischief occasioned in In- 
 dia, by this spirit of unprincipled extrava- 
 gance, is to be attributed to tl^at general 
 countenance, which is given it by those from 
 
 vrhose 
 
 end. Extravagant in their common prices, they become 
 more so when the Sircar is the purchaser. But the day 
 of 'payment is distant, and the Baboo continues to '^ bleed 
 ^'freely.'' There is, then, the expense of a retinue of 
 servants. It is not in this country as ia Europe, where 
 the addition of a horse merely adds to one's debt the price 
 paid, and the food he eats. Each horse must here have 
 two servants. Thus a most expensive establishment is 
 increased by every new purchase. Will it be believed, 
 that the establishment of servants, entertained by a fa- 
 shionable young writer, amounts seldom to less than 
 thirty persons ! I sh^U enumerate them, and though in 
 many instances I might add to the number, I believe I 
 should find few where I could diminish. 
 
 I suppose him to keep four horses ; few writers of any 
 pretensions to fashion have less, and 1 have known seve- 
 ral instances of the number being increased to ten. This 
 seldom happens, however, and the following is the com- 
 mon list ofservants : Four Sices (or grooms), — four grass 
 cutters, — eight bearers, — two khidmutgars {or table ser- 
 <;*>rt> vants), 
 
STATE OF INDIA. 43 
 
 whose high situation we might look for a 
 better example. How few that hare not resi- 
 ded in India will believe, that he who,know- 
 ^ ing that there is no possibility of his pay- 
 ing 
 
 vants), — two, Hookahurdar (pipe holder) and his mate, 
 — two Hurkaras (or running footmen), — one Dooria 
 or Mihter (sweeper), — one Bheestie (water carrier), — 
 ; one tailor, — one Mussalchee (link boy) — one Khansama 
 (steward), — one Durwan{AooT keeper), — two, cook and 
 his mate ; in all, thirty. To this number many add a rid- 
 ing boy, a private Moonshee (or teacher), and if out of 
 B5 town, a gardener and assistant. Thijj establishment is 
 not entertained for a trifle ; but all must be of a piece, 
 and he that is extravagant in one thing will be so in all. 
 r^i-iij The debts contracted in the articles of clothes are by 
 ■-' "ho means to be forgotten. Here, again, novelty and fa- 
 * "ishion must have their influence. The different articles 
 of wearing apparel, when purchased from the first houses 
 (/■■ are very expensive in India. But no gay Writer can 
 ^ jemploy any but the first houses. The day of payment 
 is distant, and never thought of. The tailors, sadlers, 
 shoemakers, coachmakers, and, indeed, all tradesmen in 
 India, arre, for the first year or two, the kindest and most 
 » patient people on the face of the earth. At last it is ne- 
 cessary 
 
44 CONSIDERATIONS ON THE 
 
 ingthe debts already contracted, will yet con- 
 tinue to borrow at all hands, — from his com- 
 panions, whom he unfeelingly involves in his 
 own extravagance, — from natives, whose re- 
 lations he must provide for, by introducing 
 corruption and knavery into the administra- 
 tion of his office, — from tradesmen, whose 
 ■-^^^'- articles 
 
 cessary to add one enormous item to the Baboo's account, 
 by satisfying the claims of these tradesmen. I am cer- 
 tain I confine myself within bounds, when I give the 
 average sum of 10,000 rupees to clear off the tradesmen's 
 bills contracted during a residence in College. Indepen- 
 dent of this, the gay Writer must frequent the billiard 
 table, and must occasionally lose money in bets at horse 
 races ; must subscribe to all raffles ; have several tickets 
 in the lottery ; subscribe to public places ; charitable in- 
 stitutions ; and ordinaries on the race-course. He must 
 pay jockeys and stable-keepers, and every now and then 
 buy some expensive article, to shew oft* for a whil*?; now 
 d. piece of furniture; now some pictures ; now a trinket. 
 I have left out the expenses attending the college life of 
 the gamester and debauchee ; which characters are, 1 
 trust, very rare in our service ; but are yet to be found. 
 
STATE OF INDIA. 45 
 
 articles are sometimes bought on credit, and 
 sold instantly, to procure ready money ; who 
 has lost all sense of honour, all the pride 
 of independence, and who is utterly dead 
 to every feeling of generous shame, — shall 
 yet be admired by his companions, and 
 encouraged by many, amongst the elder 
 part of the society of Calcutta ; by that 
 part of it at least, which takes the lead there. 
 For it is well known, that as there are two 
 distinct classes amongst the young Civilians, 
 so there are two distinct divisions of the 
 society in Calcutta. 
 
 I have thus attempted to give some ade- 
 quate reason for the great debts which we 
 daily hear of. The leading causes are the 
 facility of a supply of money ; liberality of . 
 ideas, in money matters, — in plainer terms; y 
 want of thought and principle ; distance of '' 
 th^ day of payment, and the credit allowed ;' 
 the influence of bad example, and the eii-. 
 couragement and support given to . eacb^^^ 
 
 other 
 
46 CONSIDERATIONS ON THE 
 
 other by these votaries of extravagance :*— 
 Due weight being given to each of these se- 
 parate causes, the extent of the young Civi- 
 lian's debts will not appear so unaccountable^ 
 
 i -■ ' '«'■-.' '^j ' - 
 
 The steps taken by Government to pre- 
 vent the contracting of these debts, have hi- 
 therto proved utterly nugatory. The young 
 men have been severely reprimanded. They 
 have been ordered to give in an annual 
 statement of the amount of their debts. The 
 first measure is a subject of ridicule on- 
 ly ; but the next is serious, as it sometimes 
 induces those who are deeply in debt to 
 commit a dishonourable action, in signing 
 their names to a false statement. Perhaps 
 the best prevention of debt would be found 
 in prohibiting Government from conferring 
 any situation of trust on young men, whose 
 debts amounted to a certain sum. Qi "an act 
 of the Legislature might annul the validity 
 of all bonds, bills, or promissory-notes, gi- 
 ven by young Writers, as well as all debts of 
 
 whatever 
 
» STATE OF INDIA. 4/ 
 
 whatever description; so that no subterfuge 
 might be found. Could we divest our In- 
 dian governors of all partiality, — could we 
 limit their patronage, the first of these re- 
 medies might be effectual : it would still, 
 however, be difficult to settle the limit to 
 the expenditure of the writers; to ascertain 
 the real amount of a young man's debts, 
 and to prevent deception. But ft is not in 
 human nature that interest and partiality 
 should be checked altogether. There then 
 only remains the method last suggested. It 
 could hurt none but the unprincipled* J3aAoo, 
 and he, too, would soon learn to avoid risk, 
 by ceasing to lend. The person who shall 
 bring this matter before Parliament, will 
 deserve the thanks, the lasting gratitude of 
 the Company and their civil Servants. It 
 would most materially check the extortion 
 of tile BaboOy and, besides preventing the 
 utter ruin of many fine young men, it would 
 -render all independent of the natives around 
 them. It is a fact which deserves the most 
 j/jimiw serious 
 
.if. 
 
 48 CONSIDERATIONS ON THE 
 
 serious consideration, that more than one- 
 half of the Company's territories are wa^ia- 
 g^d by natives, with but a slight degree of 
 controul from the helpless Europeans, who 
 gi|^^^the heads of office. .^ j^^ 
 
 After this melancholy description, a few 
 words may not be improperly added, on the 
 subject of the inducements to study and ex- 
 ertion, presented by our Indian Govern- 
 ment, to those young Civihans who have 
 commenced their career in the East. For 
 those who have wisely chosen for them- 
 selves a course of laborious exertion, there 
 are held out the high rewards, which are 
 the certain attendants of talents, seconded 
 by industry; — the approbation of their 
 country; their being employed in situations 
 of trust, which are honourable from their .. 
 responsibility, and highly lucrative frcfi^the 
 salaries attached to them. To those, on the 
 (j^ther hand, of another and a different de^j 
 ,^ scription^ 
 
ii 
 
 STATE OP rNBIA. 
 
 % 
 
 scription, to the unprincipled, the dissij^a- 
 "ted, or the obstinately idle ; to those on whose 
 callous minds no higher motive cad pro- 
 duce any impression, — there are yet lower, 
 but, to them, not less powerful inducements. 
 They are, first of all, their own tormentors. 
 They must study, before they can free them- 
 selves from the imprisonment of their Col- 
 lege. Whether, then, is it better to devote a 
 few hours,each day, to the attainmentof a re- 
 spectable knowledge of the languages, and 
 to do this of their own free will, or to be 
 compelled by the severity of Government, 
 by the pressure of duns and bailifs, and by 
 the melancholy satiety of a life of pleasure, 
 to acquire that portion of a language, which, 
 although it will free them from college, can 
 never raise them above the level of the 
 crowd ; which will render them mere tools, 
 in the hands of a JSahoo, and dismiss them 
 to join the Public Service, unprepared for 
 the duties of their offices, and undeserving 
 of all future promotion ? If the praise of 
 VOL. I. E their 
 
50 CONSIDERATIONS ON THE 
 
 their country, the congratulations of their 
 friends, the honourable distinctions which 
 they receive at college, and the reflection, 
 that they are prepared to distinguish them- 
 selves in their respective offices, have no ef- 
 fect in exciting their ambition, the sole re- 
 maining argument in favour of study, is to 
 be drawn from their self-convenience. Can 
 any one of these declare sincerely, that they 
 have not been compelled to wish, that they 
 had given some little attention to this first 
 and main object ? Few can for ever remain 
 fools ; and* when left to themselves, desert- 
 ed by their more dissipated companions, 
 avoided by those pursuing more honourable 
 courses, insulated and dejected beings, they 
 cannot fail to be compelled into their right 
 senses. It will then be too late ; but the 
 day will come when these bitter reflection* 
 shall force themselves into their minds : 
 *^ Here I am at last ; having wasted years in 
 " thoughtless idleness; incurred debts which 
 
 **must 
 
f WE STATE OP INDIA. 51 
 
 ^^ must keep me for ever in banishment, or 
 " be paid by dishonourable means. I have 
 *^ not a comfort to shew for my money. ^I 
 '^ am placed out of the reach of some, I am 
 ^' avoided by others of my former associates. 
 " Those around me are busily employed. ^I 
 '* am unable to assist them. I must either 
 ^^ now begin to acquire that, by compulsion, 
 ^^iwhich I could have obtained formerly with 
 ^^ I comparative ease, and with credit to my- 
 '^ self, or I must pass my days in unprofit- 
 ^' able idleness, and hopeless inferiority. I 
 " can have no claim on Government arising 
 *^ from my own qualifications, and I dare 
 " not trust to interest, where promotion will 
 »%Jonly give publicity to ignorance." 
 
 H> These reflections will inevitably present 
 themselves, when the young civilian has been 
 removed from Calcutta to an out-station in 
 the interior ; and we shall accordingly find, 
 that the mere listlesness of such a life has re- 
 afim *' E 2 claimed 
 
52 CONSIDERATIONS ON THE 
 
 claimed many of the most thoughtless and 
 extravagant. Although it must be evidenti, 
 that the young men have, in the first in- 
 stance, themselves only to accuse for all 
 their follies ; yet it must be confessed, 
 there are circumstances attending the insti- 
 tution of our Indian College, which, instead 
 of discouraging, have a peculiarly unfavour- 
 able influence, in adding strength to bad 
 propensities. In the institution itself, and in 
 the conduct of the Directors to the young 
 men, are many prominent defects. This as- 
 sertion may appear presumptuous ; but sure- 
 ly they who are educated in this institution 
 are, from their own personal experience, the 
 best calculated to judge of its real merits, 
 and to weigh its several disadvantages; and 
 this more especially, if they have afterwards 
 enjoyed leisure to view the subject cooUv. 
 and divested of that partiality communica- 
 ted by self-interest. '^-^kmMM ma 
 
STATE OF INDIA. 53 
 
 It will not here be necessary to enter into 
 the question respecting the necessity of the 
 institution of an Indian College, nor to draw 
 any invidious comparison between those c^ 
 Calcutta and Hertford. They are both most 
 useful seminaries. The institution of a 
 college at Fort William was an act of that 
 deep penetration which has ever distinguish- 
 ed the measures of the Marquis Wellesley. 
 He could carry his enlightened views be- 
 yond that temporary barrier, which ,had 
 bieen raised by the immediate expense of 
 the measure, and discern in clear, though 
 distant perspective, those beneficial effects 
 which it was calculated to produce upon the 
 Service. Nor has he now any reason to 
 consider these hopes fallacious. Under the 
 most unfavourable circumstances, arising 
 ^rom defects incident to so extended and 
 magnificent an institution ; and although it 
 has latterly been deprived of that fostering 
 encouragement which can alone preserve it 
 in vigour ; it has yet produced a numerous 
 E 3 and 
 
64 CONSIDERATIONS ON THE 
 
 and respectable body of Eastern Scholars ; 
 it has materially contributed to the im- 
 provement of every branch of the Service, 
 and has kept aliVvC, perhaps, the latest spark 
 of Oriental Literature amongst the natives 
 of Hindostan. It is an institution, which, 
 were it for this sole reason, is entitled to the 
 warmest support of a liberal and enlight- 
 ened Government. 
 
 The College of Hertford, it is said, is still 
 in its infancy ; but in England the infancy 
 of such institutions is generally Herculean. 
 Whilst the spirit of novelty lasts, they receive 
 every encouragement, and the era of their 
 commencement is generally the brightest of 
 their existence. If it was principally intend- 
 ed as an institution for the acquirement of 
 the Eastern languages; as such, it labours un-^^ 
 der great and numerous disadvantages. In 
 India, without some knowledge of the lan- 
 guages, you find yourself a helpless, insula- 
 ted being, incapable of making any pro- 
 gress. 
 
iiiSTATE OP INDIA. 55 
 
 gress. You are ignorant of the languages 
 of those by whom you are surrounded ; and 
 they are ignorant of yours. Here then, ne- 
 cessity compels you to exertion. Encircled 
 by those who speak the language, you no 
 longer feel what you might esteem the insu- 
 perable difficulty of pronunciation andaccent. 
 Books and Moonshees are to be found in 
 abundance. In short every thing to facilitate 
 your studies is to be met with here, which is 
 I of rare occurrence in England. In India, 
 the day can only be passed in the occupations 
 of study, or in that of idleness and insipid 
 existence, which at last breeds its own cure. 
 In England, on the other hand, you may 
 find that variety of amusements out of doors, 
 which produce an idleness, more fascinating 
 from its activity, although equally destruc- 
 tive of all serious purposes of study. f 
 
 If that period of life between the school- 
 boy and the man, is, of all others, the 
 most dangerous, and the young persons 
 
 7 V E 4 are 
 
5^ CONSIDERATIONS ON THE 
 
 are then the most unmanageable, why ex- 
 pose them twice to its temptations ? That 
 you send them to school again, when you 
 send them to Hertford, is undoubted ; for 
 there necessarily occurs, in the laws of the 
 institution, an uncertainty of execution, or 
 ^ relaxation of severity, as they are occa- 
 sionally found too lenient for the boy, or 
 too severe for the man. . i^itm^imti) 
 
 mt3omB ^- x^am 
 
 ^,By some changes in the Hertford College, 
 it. might, I think, be rendered much more 
 useful ; and as it is difficult to find a school, 
 where all the necessary branches of an edu- 
 cation for the Company's Service could be 
 so well taught, it is most desirable that it 
 should be continued. But surely both insti- 
 tutions are perfectly compatible with each 
 other, and the interest of the one should 
 not be sacrificec) to the promotion* -oi the 
 
 .bI '^Si'Rf'^JlJ^'g^ expense attending the in- 
 ^q^jij^^ stitutions 
 
STATE OP INDIA. ' - 5/ 
 
 stitutions of Fort -William at its commence- 
 ment, called for the attention of Govern- 
 ment. When, however, the public table was 
 done away, the unnecessary Professors re- 
 moved, and the appointment of Provost and 
 Vice-Provost annulled, the College had still 
 in its constitution every energy it formerly 
 possessed. But the hand of economy ought 
 then to have been withdrawn ; whereas the 
 many subsequent reductions in the amount 
 of the prizes, and in other parts of the in- 
 stitution, have marked, not so much a desire 
 of retrenchment in superfluities, as awish for 
 the gradual suppression of the whole. In 
 this light, it has been considered, at least 
 for some time past, by the young men ; and 
 the cold and apathetic conduct of the Direc- 
 tors, naturally throws a chill over the exer- 
 tions of its Indian supporters. 
 
 ^' Sint Maecenates, non deerunt, Flacce, Marones." 
 
 But the reduction of part of the estabhsh- 
 ment, and the diminution of the prizes, is, 
 mi^iimu. perhaps. 
 
58 CONSIDERATIONS ON THE 
 
 perhaps, an inferior error, although it has 
 been first adverted to. The great evil ap- 
 pears to be, the detention of the determif 
 nately idle, during many years, in College. 
 This not only ensures the contraction of 
 great debts, and all their bad consequences, 
 but it supplies a constant source of encour 
 ragement to those who, unless countenanced 
 by bad examples, would be forced to study. 
 These gay characters, who are compelled to 
 drown the tcedium vitce in a constant streant 
 of dissipation and pleasure, are, as I have 
 before said, much admired in society, and 
 consequently imitated by others. If even 
 the inducements to study and idleness were 
 equal, which they seldom are, certainly we 
 ought to remove this evil, which throws the 
 balance on the side of idleness. The more 
 so where, as is generally the case in youths 
 the path is rugged which leads to eXi;eiience, 
 and the road very pleasant, for a while, in the 
 other direction. Would it not be amoresalu- 
 tary regulation, that,after evincing thatdeci- 
 v«n ded 
 
a A ^TATE OF iNDiir^ < 59 
 
 ded propensity to idleness, which has resist- 
 ed the continued remonstrances of Govern- 
 ment during a whole year, the young man 
 should be removed from a situation where 
 he can only corrupt others ; he should be ta- 
 ken from the infectious gaiety of Calcutta, 
 and the dangerous society of his companions, 
 to some out-station, there to remain until a 
 knowledge of the languages, and his own 
 good conduct, shall entitle him to the no- 
 tice of Government. The attestation of 
 such qualifications ought to be sufficiently 
 solemn, to defeat the effects of private friend- 
 ship, and prevent the exertion of interest. 
 In this manner, it is not improbable, that 
 many would be reclaimed before it was too 
 late ; for, in the interior, it is difficult to con- 
 tinue long idle, and there are few induce- 
 ments to extravagance. Above all things^^ 
 however, it ought to be attended to, that 
 these young men, after their removal, should 
 be strictly prohibited from paying occasion- 
 al visits to the Presidency. An out-statioh 
 hJi* has 
 
60 CONSIDERATIONS ON THE 
 
 has no longer its salutary effects, when, om 
 the occurrence of any unexpected gaiety, th^ 
 ciyi\ia.n can take a rmidoivn, and, with im- 
 punity, dissipate his time, and throw away 
 his money in Calcutta. In vain, however^' 
 shall Government make good regulations/ 
 if there exist any one situation in which they 
 afterwards break through them. In every 
 situation, patronage and interest must exert? 
 their influence, and there will, perhaps, bet^ 
 found no one service in which the conduct 
 of Government in general shews a more im-^^ 
 partial distribution of its favours than in the 
 administration of our Eastern Possessions. 
 But in the important case above considered/* 
 no consideration whatever should be allowed 
 to relax the necessary severity of the rule, 
 or to prevent the salutary consequences of a 
 severe example ; and the College may cer-*^ 
 tainly attribute amongst the causes of its 
 decline, the many late instances of humanej: 
 but fatal imbecility, in the execution of thos0? 
 : dill W^aari£i^iUi:»j|.a^ooiir«(Si>iv^egulationid^ 
 
H r STATE OF INDIiO^i^O 61 
 
 regulations Hrhick were enacted Jgi^r its siip?ii 
 port* /JoiB-g baipsqxsiio TOB %> 0iwi3i'iiJ3oa9dt 
 -mithiw 1bps --'^^''^'^ -'^^^^^ -vi.^; Vc.... .rf^iliYSD 
 It can nerer happen, that important situa*q 
 tions can be exclusively conferred on those 
 of very superior attainments : all must be 
 provided for ; all, at least, who deserve it, 
 by possessing the competent qualifications 
 for office, which are within the reach even 
 of the dullest capacity. But surely, even the 
 very lowest employment ought to be with-*' 
 held from those who, by their idleness and 
 incapacity, are firmly determined to hold 
 out against the Government which supports 
 them^bfetoD e>7odiA ..S 
 
 The present course of study which is pur*^: 
 sued in College might be materially impro-«M 
 '^ed^ by the introduction of more useful ex#« 
 ercises, as well as by diverting into more im«: 
 portant channels, the course of reading 
 which is at present pursued. Instead of 
 the present Class-books, translations of the 
 
 Laws 
 
62 ^ CONSIDERATIONS ON THE 
 
 Laws and Regulations of the Government, 
 the Treatises of Mohammedan Jurispru- 
 dence, and the different forms of process in 
 our Native Courts, should be occasionally 
 or partially substituted. Every sentence, 
 almost every word, in these would have their 
 use; nor would they possess less powers 
 of creating interest than many of the pre- 
 sent class-books. Few subjects possess 
 much beauty in the eyes of one who reads as 
 a task ; and these would, at least, have the 
 charm arising from utility. Under the 
 present arrangement, although the young 
 civilian has obtained a competent knowledge 
 both of Persian and Bengalee, yet he often 
 finds himself in a wilderness when he 
 enters the Court, and commences his first 
 cause. He is, in fact, for a while, exposed 
 to the concealed, but continued ridicule o^ 
 his inferior officers. It is not likely, indeed, 
 that he should discover this, as the lowest 
 natives around him possess a thorough 
 T«(f^?f> ^'* t| hiio^i-^r-A command 
 
vy STATE OF INDIA. 63 
 
 command of countenance, and, united to 
 thisi*the most finished politeness. -^ 
 
 ^II is df more consequence," 'tli if thfe 
 great body of the young men should at- 
 tain a competent knowledge of the langua- 
 ges, although none arrive at distinguished 
 excellence, than that there should be a few 
 distinguished scholars amongst a numerous 
 train of unambitious idlers ; and in this light, 
 the present plan of permitting the young 
 civilians to leave the College as soon as 
 they have obtained that portion of instruc- 
 tion which will fit them for the service, is, 
 perhaps, the best that could be adopted. 
 When (as was the case at the commence- 
 ment of the institution), they were obliged 
 to remain a certain number of years in 
 College (three annual examinations), one 
 portion of the young men, whose talents 
 and ambition would have led them to study 
 under any circumstances, became eminently 
 proficient A second portion were stimu- 
 lated 
 
6A CONSIDERATIONS OK THE 
 
 lated to exertion by the prospect of rewards* 
 These honours they could only attain by the 
 uninterrupted continuation of their labours 
 during the long period of three years study 
 in College. This circumstance ensured the 
 attainment of a deep knowledge of the lan- 
 guages. There were many, however, whom 
 either a deficiency in talent, or a remissness 
 at some particular period, prevented from 
 classing with these, and who, therefore, 
 formed a medium rank, neither pre-eminent- 
 ly learned nor conspicuously deficient. To 
 this third division succeeded the class of 
 absolute idlers, who wisely calculated on 
 their remaining a certain time in College. 
 A superficial knowledge could not effect 
 their emancipation. Their object was to 
 pass their time happily. It was accordingly 
 at this period of the institution, that we pos- 
 sessed theprofoundest acquirements amongst 
 some classes, united to the greatest mass ojF 
 ignorance, dissipation and extravagance in 
 
 others. j 1o 0^0 
 
 These 
 
iH STATE OF INDIA. <^^ ^ 
 
 - These days of bright proficienc^^lfi^ 
 gone : Sol ocaibuit ; \mi. we cannot , add, 
 " now nulla ^^cw^a*'' i^rii^^P fe*^q^^'^^*«iw 
 
 >^iili|i^?a mdancholy, but undoubterf^^ruth, 
 that from the year 1806, there appears to 
 have been in this institution a gradual de- 
 'Cline, the forerunner of a total dissolution. 
 Succeeding years have sometimes, indeed, 
 produced instances of very wonderful pro- 
 gress. A new regulation has lately been 
 introduced, lowering the standard of profi- 
 ciency which is in future to sanction the 
 dismission of the Students from College. 
 The attainment of the civilians, of late 
 ^ears, have equalled, and have sometimes 
 ^surpassed those of the same standing in for- 
 tner years : but we no longer find that de- 
 wee of finished excellence which former 
 ^Mrs presented. And under the new re- 
 gulations, the acquisitions of the highest 
 ^proficients, would probably hardly exceed 
 those of the middling classes of an older 
 VOL. I. F period. 
 
,^ CONSIDERATIONS ON THE 
 
 period. To this observation there are, bow- 
 e]«f^r, exceptions, in those honourable cq^? 
 amples of young civilians, who have volun-* 
 tarily increased the period of their bondage, 
 in order to attain to a more thorough know- 
 ledge of the languages. As long as this in- 
 dependent spirit is allowed to be exerted, 
 every object,, perhaps, may be attained un- 
 der the present regulations.* ^^^qaym-iqmoti-n. 
 
 * Having attempted to point out the evils which sur- 
 rc^und the young man on his arrival, and introduced him 
 to .the College, I shall be pardoned, if, in this note, I en- 
 ter into some minute particulars, attention to which will 
 materiall)' lessen the danger to which he is exposed; and, 
 trivial as these may seem to the young civilian, enterin^f 
 on his career, let him be assured,that ere a very few years 
 have passed over his head he will acknowledge their im- 
 portance. It will be well for him if he accept of the ex.-r . 
 perience of another, rather than learn by his own. I 
 would begin by recommending him, on his first arrival in 
 the country, not to be too anxious to get into Writers' 
 Buildings ; and, were it even for a few days, to accept of 
 the invitation of a friend to his house. From this friend^ 
 
 not 
 
aHT ilTATE OP IND1M;^^> * ^ 
 
 A few observations on the most eco- 
 nomical, as well as the most useful, di- 
 visions of a young civilian's labour on 
 his entrance into College, and on the 
 wonii c^i^-^i. F 2 material 
 
 not from his young companions in the buildings, he will 
 learn what thing*are necessary for him. There are those 
 whose principles are so strict, and strength of mind so 
 great,that they willboldly encounter thelaugh of others, 
 rather than indulge in any thing which would involve 
 them in pecuniary difficulties. O ! si sic omnes. These 
 I sincerely congratulate. I have seen such, and even 
 now can instance them among my most respected friends. 
 The purchase of a few articles of immediate use will for 
 such characters be sufficient. But, it is the general 
 6|)inion, that, " when at Rome, we must do as is done 
 at Rome." You need not, however, do as the fools 
 at Rome. Be neither, therefore, singular in ecbnomj^ 
 nor in expense. A certain equipage is indispensable. 
 T*urchase your Palankeen from a respectable house, as 
 well as your gig; let both be good of their kind : a pair 
 of horses are necessary; one of which is for the saddle. 
 More ihan this is extravagant; and if these are valuablfe, 
 and well chosen, there will be less inducement to'tli'e 
 folly of perpetual change. Furnish your house neatly 
 ^^^* and 
 
68 CONSIDERATIONS ON THE 
 
 material points to be attended to in his choo- 
 sing his line in the service, will not impro- 
 perly conclude this Chapter. >i^ ^ 
 
 and substantially, but not extravagantly. Never change 
 your farniture, but insist on its being well taken care of 
 by. your servants. These you ought, if possible, to have 
 recommended by your friend. Servants, in India, vi^ill 
 always be what their masters make them ; and, if a kind 
 master you will probably keep the same servants as long 
 as you are in the country. It is of consequence, there- 
 fore, that you teach them at first to be attentive. Surely 
 we would rather see a house remarkable for its neat- 
 ness, regularity, and cleanliness, than characterised by 
 the tawdry splendour, and expensive filth, which too of- 
 ten distinguish a writer's building;* a picture of thought- 
 less profusion, without either elegance or comfort. 
 Satin-wood couches, with Morocco squabs, kept seem- 
 ingly for the favourite terrier or bull-dog ; Cleopatra 
 couches, with litters of puppies on them ; a room full of 
 mahogany or satin-wood chairs, but scarcely one tf^ 
 which you can safely trust yourself; a tal&le kept for 
 the purpose of sitting upon, and consequently split 
 through the middle ; a collection of sporting prints, in 
 
 * This is the name given to the set of apartments allotted to a writer 
 on his arrival in India. 
 
STATE OF INDIA. 69 
 
 If he has the laudable desire of becoming 
 an enoiinent Eastern scholar, and of remain- 
 ing in College till he has attained this ob- 
 ject, his safest plan is, first of all, to acquire, 
 
 F 3 during 
 
 gilt frames, and broken glasses, and a pleasing variety 
 of saddles, bridles, harness, whips of all sorts and sizes, 
 dog collars, horse medicines, &c. Add to this, a young 
 dasher's library, where the desire of improvement is 
 manifested, on the parents' part, by the copies of Hume, 
 Blair, Blackstone, De Lolme, and other grave authors, 
 and the same anxiety, evinced in a different direction, 
 is evident, on the part of the son, who has added Tap- 
 lin's works, Stable Companions " cumnotis variorum^^'* 
 Lawrance, Daniel, the Sporting Magazine, and a 
 variety of Naval Songsters, Comic Songsters, Larks 
 and Orpheus's, Nightingales and Apollos. 
 
 • 'Jiiet your table be always neat, and every thing the 
 best of its kind; for attention will procure this at no ad- 
 ditional cost. Tf you pay regularly, and have no Sircar 
 between your Khansamah (head servant or steward) and 
 yourself, you can insist on having every thing of the best 
 sort, and the gains of your servant will still be sufficient 
 to ensure his continuing to serve you well. Keep your 
 
 own 
 
70^ CONSIDERATIONS ON THE 
 
 during a few weeks, merely that sufficiency 
 of Hindostanee which will serve as a me- 
 dium of communication between him and 
 his Moonshees. Let him then commence 
 "■'^' the 
 
 ovyn accounts, or at least check those of y our Khansamah, 
 which is easily done each day, by hearing him read them^ 
 over, and if correct, patting down, in a column left for 
 the purpose, the gross sum of each daj's expense. These 
 * sums you can in a few minutes add up, at the end of the. 
 ^^^^^' ,w^ mil ^ttixoim 
 
 Where the accounts are taken seldom, your memory 
 will not serve you to check impositions, and the practice 
 of many young men, of cutting their Khansamah's ac-; 
 counts (as they term it), whenever they are struck with 
 their expenses, as it is often unjust, so it i^ ridiculous; 
 for the servant, knowing his account is to be cut, will 
 add to the amount the sum he expects his master will 
 subtract, and occasionally a little more, that he may^^^ 
 on the ,^fe aide. , ,^ ,^ ,^g« 
 
 P^ptilyou are out of debt, give no expensive entert2di|-^^ 
 ments, and discourage all unmeaning irruptions of your, 
 companions, or bid adieu to study and comfort. Take 
 exercise morning and evening, and a\ways unbend at 
 
STATE OF INDIA. 7^ 
 
 the study of the Arabic and the Sanscrit, 
 devoting to these his whole attention. Ha- 
 ving appUed himself seriously to these for a 
 y^p,ftfl4,ft h^W, or perhaps two j^ears, if he 
 4 F 4 then 
 
 night. No study after dinner is necessary, and your 
 health suffers materially by it. Devote the earlier part 
 of the day to your more serious studies, and the rest to 
 the lighter parts. Let your amusements and pleasures 
 be of a piece with the rest of your conduct. Riding, and 
 enjoying the conversation of a friend in the morning, 
 bathing, and exercising with dumb-bells or otherwise, 
 a light breakfast, but a hearty one. As the hours of 
 dinner are late, a forenoon meal (or tiffin) is universal ; 
 let it be a light one, that you may be no less fit for 
 study after than before it ; for the portion of your day 
 from breakfast till dinner is all that can or ought to be 
 given to study ; after dinner, take your evening drive 
 on the course. Laugh at the extravagant dress and 
 equipage of your thoughtless companions ; but be as 
 gay and lively as any around you. Join moderately in 
 the cold weather festivities. Try to excel in every thing 
 as you do in study. Unbend cheerfully in company ; but 
 be able to maintain your ground in grave discourse. 
 Read the occasional publications of the day ; when you 
 can find leisure, continue your English reading. Court 
 
 the 
 
7^: CONSIDERATIONS ON THE 
 
 then applies a few hours a-day to the deriva- 
 tive languages, the Persian, Bengalee, Hin- 
 dostanee, Mahratta, &c. he will find their 
 acquisition very easy, having already at-^ 
 tained the ground- work of theui, in the 
 Arabic and the Sanscrit. -u atmt 
 
 i:^ 
 
 the society of the grave and the studious in Calcutta ; but 
 be always ready to join in any innocent amusement 
 among your young friends. G© occasionally to Barrack- 
 por^ (a beautiful spot sixteen miles from Calcutta), 
 When acquainted with some friend there, the end of the? 
 week frequently spent with him will benefit your health, 
 be a source of great pleasure, and will send \ ou back 
 with renewed vigour to your books. Cultivate the ac- 
 quaintance of some kind and domestic family in Calcut- 
 ta, with whom your hours of leisure may be spent, with 
 more advantage, and with much more real enjoyment, 
 than in the pursuits of idleness and dissipation. The 
 chief sources of happiness which I have possessed since 
 I left home, have been found in the society of a few do- 
 mestic families, and never shall I forget the many cheer- 
 ful evenings I owe them, or my weightier obligations 
 to them, for encouraging me to study, and to perse- 
 venire, when I needed such encouragement mu6h. 
 
3TATE OF INDIA. ^^ 
 
 If, on the other hand, it is the intention 
 of the young civilian to attain only a res- 
 pectable knowledge of the most useful and 
 less difficult languages, in order to fit him- 
 self more immediately for active employ- 
 ment in the Service, he ought to commence 
 with the Persian and Bengalee languages, 
 giving up a few hours occasionally to the 
 study of the Hindostanee grammar. He 
 will soon discover, that his knowledge of 
 the Persian and Bengalee will supply him 
 with the greater part of the vocables of the 
 Hindostanee.* 
 
 iofid L?» It 
 
 -Ofi '■'' ■ 
 
 * There is a very easy method of obtaining the idiom 
 and style of the Eastern writers. I mean that of getting 
 by heart portions of their works on various subjects in 
 common use ; as, for instance, pieces of tales, sentences 
 particularly well expressed, &c. By having a number of 
 these at hand, you can always give your translations the 
 air of native productions. I found this particularly use- 
 ful to me. 1 would also strongly recommend a practice, 
 which, though at first irksome, is attended with the 
 
 greatest 
 
74 CONSIDERATIONS ON THE 
 
 . It is indispensable that heshould, as soon 
 as possible, address the Moonshee in the lait^ 
 guage he is then studying, giving up alii 
 communication through another. \ The ac- 
 
 ^ii3vt' quisition 
 
 greatest benefit, and becomes daily more easy. I mean 
 
 that of writing down each day the new words you have 
 
 met with, and in the afternoon, or early next morninff,^ 
 
 getting them bj heart. Thus you never meet a strange 
 
 word twice ; whereas, you may look them up in the die* 
 
 tionarj a dozen times over, and as often forget them. 
 
 What you not only take the trouble to write down, but 
 
 get by heart also, you seldom forget. 
 ? >/f {1.0.191^00 bne 5^od 
 
 ^^In most schools, academies and colleges, it is customa*^ 
 ry to commence the study of a language, by devoting 
 many months to the whole or greater part of a compli- 
 cated grammar. I would strongly recommend the verp 
 reverse of this. Begin by bestowing only a few days, i!^ 
 learning the inflections of a few common nouns, and of* 
 the principal verbs. Immediately after thic^ commence 
 at once reading an easy author, with the assistance of 
 your dictionary and your Moonshee. After thus reading 
 for several months, you will be able to understands*^ 
 and be much benefited, by the perusal of the grartii^ 
 2^^fl mar. 
 
STATE OF INDIAiaWO ^5 
 
 quisition of the colloquial part of the lan^ 
 guage, although frequently more necessary 
 in active service than any other, is too often 
 neglected or despised. He should embrace 
 .1?^ every 
 
 mar. Nothing can be more disgusting to a beginner, 
 than the acquiring of rules, the utility of which he cannot 
 perceive until he has somewhat advanced in reading,. 
 The method above suggested was what my excellent 
 friend Ley den called " breaking the neck of a lan- 
 guage." — Having mentioned the name of Leyden, to 
 pay no tribute to such unquestioned genius and intrinsic, 
 worth, would be the height of injustice. Whilst yet a 
 boy, and under my father's roof, I had been taught to 
 admire his wonderful talents, and we met in India as 
 old friends. His industry was constant, unwearied, in- 
 defatigable. Whether in health or in sickness, he was 
 always well employed. His only aim seemed to be the 
 eocduragement of literature, and the acquisition of use- 
 ful knowledge. For himself, Leyden solicited nothing,* 
 And, when olared in an independent situation, by the 
 kindness of his Patron (Lord Minto) , he only made use 
 oChis additional means, in encouraging, entertaining and 
 supporting, a wide circle of learned natives. He had ^ 
 v^f5^4^nsiderable knowledge of all the languages of In- 
 £,m > dia, 
 
TQ considerations on the 
 
 every opportunity of talking with the na- 
 tives, and of overcoming that general bash- 
 fulness which Europeans feel in addressing 
 them in their own language. In his inter- 
 course with them, more than in any other 
 way, will he acquire a knowledge of the 
 idiom, the accent, and those peculiar phrases 
 which introduce one into the minute niceties 
 
 of 
 mif 
 
 dia, and had collected materials for making the most in- 
 teresting communications on the subjects of Eastern lite- 
 rature and history. Leyden's heart was kind and bene- 
 volent. There was, indeed, something rough and un- 
 , couth in his manner and conversation ; but this was for- i 
 gotten by all who knew his intrinsic worth. Those who 
 sought for a complaisant acquiescence in their every opi- 
 nion, and a tame acknowledgement of their superiority, 
 did not find in Leyden the polite companion they wish- 
 ed for; and for the lighter and gayer part of society, 
 his conversation had no charms. His voice was rough 
 and unpleasant. Leyden was, from these, and some 
 ,pther peculiarities, not generally liked. But he was 
 esteemed and beloved by all those whose esteem he cared 
 for, and his name will be remembered ^hil(^ science 
 and literature have attractions in.J^fl,, t,^^, ,,^,,,^^ 
 
Ji4 STATE OF INDIA. 77 
 
 of the language, and give a species of native 
 polish to our expressions. He ought to at- 
 tend even to those phrases which are in com- 
 mon use amongst the very lowest classes, as 
 every thing acquired in this manner will be 
 of essential use when he is once actively 
 engaged in. the discharge of his public du- 
 ties. How often do we see our first scholars 
 at a loss, when accidentally placed in situa- 
 tions where it is necessary to understand 
 the manners, the habits, and the familiar 
 language of the lower orders.* nmo% 
 
 iiLf It^^i^ somewhat difficult to throw out any 
 general directions, for the selection of what 
 is commonly termed the Line in the Service. 
 .^^Hjij5 will entirely depend on the constitu- 
 
 ifeiw tion, 
 
 ^^;<-'i. . - -._ . : iip4i^: • 
 
 "^■- * One c^ nij great amusements, while in Calcutfa, 
 and from which I have afterwards found a serious advan- 
 tage, used to be that of visiting the houses of merchants 
 
 ^ and others, where you ni«et with men of variousifoiin- 
 
 ir't 
 
 tries, and of entering the shops of tradesmen and' me- 
 chanics, and chatting with them. ' "' ' ^--'» *^*^ ^^' 
 
78 CONSIDERATIONS ON THE 
 
 tion, the industry, and the particular or fa- 
 vourite bias of the young man ; and everj^ 
 one of course ought seriously to considiet 
 the subject, under these different points of 
 view, before he comes to a final determina-^ 
 tion. Nothing, generally, can be a more 
 decided symptom of a weak disposition, than 
 the changing about, from one profession to 
 another; and yet nothing is more disagreea- 
 ble, than the avoiding the opinion whiclit 
 this gives rise to, by remaining in a station 
 for which your talents and disposition pro- ' 
 claim you to be unfit. Let him reflect, 
 that " no man ever made an ill figure, who 
 ^^ understood his own talents, nor a good 
 " one who mistook them."* 
 
 JB lb 
 
 A short account, however, of the different^ 
 branches of the Service, is the only thing' 
 necessary in this part of the subject. These 
 
 branches" 
 
 ,— ;-- — . — ■ • - ■-■ ' ' • - ' ■■ — '■ ■■ .■■■ - ■■. * ■ : 
 
,3> STATE OF INDIA. 79 
 
 branches are the Judicial, the Pohtical, the 
 Revenue, and the Commercial. Of these/ 
 the Judicial is generally accounted the most 
 honourable, as it requires, in those who fill 
 its different employments, a combination of 
 very high qualifications. Amongst these, 
 am a command of the native languages, an 
 intimate knowledge of the manners, cus- 
 toms, and religious prejudices of the natives, 
 patience, industry, temper, and, perhaps 
 a,bove all, a love for the profession. A 
 Judge and Magistrate (for in India the pro- 
 fessions are united) is, in truth, a petty 
 sovereign ; he has every thing in his power; 
 and, as he uses his authority, he becomes a 
 blessing to the district in which he is placed, 
 or an instrument of tyranny and oppression 
 to thousands. To this branch of the Ser- 
 vice, however, there are very serious otr*- 
 jections, which ought to be deliberately 
 weighed, before entering upon its duties. 
 Nq^one whose constitution is not naturally 
 strong, or who, from a disinclination to a 
 
 sedentary 
 
80 CONSIDERATIONS ON THE 
 
 sedentary life, finds himself unable to bear 
 intense application at times^ and the most 
 i^onstant employment during his whole day, 
 should ever enter into the judicial line. 
 Whea once selected, if he who fills it is of 
 a sanguine temper, or possesses a proper 
 feeling of pride, he will be most unwilling 
 to relinquish his profession ; he will cheer 
 himself to the last, by hoping for better 
 times, and some remission to his labours, 
 from the success which has accompanied 
 them ; but these will never come. When 
 he has, with infinite labour, brought his 
 own district into order, he will be removed 
 to some other, which has long been lying 
 fallow, and where the weeds of vice and of 
 criminality have become luxuriant, under 
 the mismanagement and neglect of some 
 cold or indifferent master. And, perhaps, 
 to complete his chagrin, this very persoA 
 will be appointed to the superintendence of 
 the district which he has left;^ hn^K^h ik 
 
 ^ Thi» 
 
STATE OF INDIA. > Si 
 
 This extraordinary policy may, perhaps, 
 have originated in the fear, or perhaps in the 
 experience, that a Judge remaining too long 
 in the same district, formed improper con- 
 nections with the Zemindars, and made a 
 bad use of his power. These days are, I 
 trust, for ever past. It is most generally 
 acknowledged, that, upon the whole, a 
 more upright and honourable set of men, 
 than the Company's establishment who now 
 govern the country, is no where to be found. 
 There may be, as there commonly are in all 
 public bodies, a few individuals of the des- 
 cription above alluded to ; but it is a certain 
 mark of the diminution of corruption, that 
 the corrupt are well known, and anxiously 
 avoided. Let such men be punished by 
 Government; but let not the punishment of 
 these extend, in its baneful consequences, 
 tp the iimocent. v^ 
 
 It would be well, that the number of Ju- 
 dicial Servants were increased, which might 
 VOL. I. G be 
 
82 CONSIDERATIONS ON THE 
 
 be effected, by removing the Assistants of 
 Collectors, who in scarcely one instance out 
 often, have any employ aient, and making 
 them act under the Judges and Magistrates. 
 This need not interfere with their promo- 
 tion in due course to collectorships. The 
 two lines ought, as formerly, to be so arran- 
 ged, that promotion might take place from 
 the Judicial to the Revenue, but not from 
 the Revenue to the Judicial ; for although 
 every Judicial Servant may, and, indeed, 
 ought, to be acquainted with the duties in- 
 cident to the Revenue Department, yet the 
 duties of the Judicial Line are much more 
 arduous, and require study, of the regula- 
 tions, command of the languages, and prac- 
 tice in the Courts. The Judicial Line is the 
 only one in which the young man is em- 
 ployed in duties of extreme responsibility, 
 from the very day of his entrance. From 
 the great extent of the jurisdiction which is 
 in India entrusted to one Judge and Magis- 
 trate, from the litigious disposition of the 
 
 com- 
 
? ^ T St^ATE OF IISTDIA. OD 83 
 
 complainants in the Civil Courts, and the 
 rapid operation of the causes promoting 
 robbery and theft, which will be hereafter 
 detailed ; from the continued agitation in 
 which he is kept by the Courts of Circuitf 
 and the Sudder dewanee adawlut^ from the 
 annoyance of a quarrelsome Collector, or 
 idle assistants, and from the interference of 
 litigious Europeans, half-casts, and natives, 
 the Judicial Servant is not permitted a mo- 
 ment's ease. 
 ^m ^Mii^ at 
 
 ? The great art of preserving health in the 
 Judicial Line, is to appropriate a certain 
 portion of the day to its duties : never, on 
 any account, to exceed this. To take regular 
 exercise at leisure hours, particularly in the 
 morning. To unbend altogether when out 
 of office, and enjoy the pleasures of society, 
 not as a permanent object, but as a neces- 
 sary recreation. To study method in every 
 thing. To be very cautious in the first mea- 
 sures adopted, and the first orders given on 
 mo3 G 2 any 
 
84 CONSIDERATIONS ON THE 
 
 any occurrence. Not to enter too minutely 
 into the detail of business, but to keep in 
 view the more important parts of it. . No^ 
 thing more completely incapacitates a man 
 for the discharge of judicial business, than 
 the rule \yhich he may lay down to him- 
 self, of minutely investigating, and pro* 
 Ceeding with extreme caution, in every case 
 which comes before him. The chief du- 
 ties of a Judicial Servant in India are ma- 
 gisterial ; and, in all of them, there is no 
 doubt that promptitude, dispatch, and con^ 
 fidence in himself, are the first requisites. 
 Even in his judicial capacity, the Indian 
 Judge will find these qualities of much im-i 
 portance. j^^jr \y. 
 
 Much more will be found hereafter on 
 the duties of the judicial line ; but, at pre- 
 sent, what has been said, when duly consi- 
 dered, will perhaps induce young men to 
 thmk seriously before they select, it. He 
 who can, under all the obstacles presented 
 
STATE or INblA. 85 
 
 to him, perform its important duties, i» an 
 eminent degree, merits the praise and en- 
 couragement of the community and of G#s 
 vernment.* A^^"^^^ 
 
 The PoHtical Line is the most limited in 
 the Service. In it an Assistant has seldom 
 much to do ; when employed, however, his 
 responsibility is very great, particularly 
 when he has charge, in the absence of his* 
 superior, of a political residency. He re- 
 quires, alike with the Judicial Servant, a 
 command of the native languages, and a 
 great deal of general information. Though 
 not a busy line in time of peace, it is yet at 
 all times highly creditable, and, when the 
 G 3 Assistant 
 
 ■i ■. : J 
 
 j*^The co:rifort and support which I at this. moment 
 feel from the reflection, that 1 have lost my health in at^ 
 tempting to discharge the duties of this line of the Ser- 
 vice, is, indeed, very great, and there is nothing which 
 a#ords me more pleasure, than the hope that I shall 
 one day be able to renew the attempt. 
 
58 CONSIDERATIONS ON THE 
 
 Assistant rises in rank, and is promoted to a 
 residency, or has the important charge of anr 
 embassy^altcitnijot conceive a more interest^ 
 ing situation. While an Assistant, his time 
 may be most usefully employed in fitting 
 himself for the higher stages of the profes- 
 sion, by acquiring a knowledge of the lan-i , 
 guages, manners, and habits of the natives 
 in general; but more particularly those who 
 frequent the Durbars or Courts; by making 
 himself master of the history and politics 
 of the different native kingdoms, and by 
 that most necessary, although, in Indiaf 
 most mortifying of sciences, the study of 
 Human Nature. The number of political 
 situations is, as I have above stated, very 
 limited, and promotion, without the assist^ 
 ance of extraordinary talents, or great inte*- 
 rest, is very slow. Few young men obtain 
 a charge of any responsibiUty under fifteen 
 years service. There are, besides, scarcely 
 a«y intermediate steps between an Assis-. 
 tantship and the high situation of a Resi^: 
 3ifi sgadi iiiU .at>iiio io dmi^b aiori^ead| 
 oo;t 1^ 
 
SB J STATE OF INDIA, v 87 
 
 dent; and these intermediate steps are con- 
 fined to promotions in the political offices 
 iq Calcutta, or to temporary trusts. 
 
 ' In onerespect, the two remaining branches 
 of the Service, namely, the Commercial and 
 Revenue, are very similar ; they both admit 
 of a quiet and easy life. 
 
 t>filHie Assistant to a Collector, or to a 
 Commercial Resident, has almost nothing 
 to do, unless during the absence of his 
 superior; the Collector, or Commercial Re- 
 sidejat himself, having in general only em- 
 ployment for a few hours in the day. This 
 is always the case in Bengal. In the upper 
 provinces the duties are considerably hea- 
 vier. I do not, however, mean to say, that 
 where these officers really wish to perform 
 conscientiously the whole of their duty in 
 detail, they ought not to find enough to 'do. 
 On the contrary, I have seen several instan- 
 ces where Collectors attended in person to 
 the whole details of office. But these are 
 
 G 4 too 
 
88 CONSIDERATIONS ON THE 
 
 too generally entrusted to the Dewan^ or 
 head oiEcer in the Collector's, departnieati 
 It must be.here observed, however, that the 
 effects of entrusting a Collector's Dewan 
 with the entire management, are by no means 
 so baneful as the delegation of a similar powei? 
 to any native employed under a Judge. 
 
 . In the last-mentioned line, much good 
 may be done by the Revenue Servant, pai^-o 
 ticularly if he interests himself in repressing^! 
 as far as he can, the wrongs of the Ryots, 
 who are constantly subject to imposition^ 
 from the various and uncertain nature of 
 the collections, and of the land-tenures ^^ 
 and if he exerts himself in forwarding the 
 recovery of land alienated under false pre- 
 tences. A minute and regular inspection of^ 
 the records of his oflSce, is, indeed, a work-^ 
 of labour, and is seldom performed, thoug^^ 
 its utility cannot be called in question, ^xnm 
 
 ^aqalidw ^ociurt nc qib^r^ oi Ibw ob iicw foo 
 The Commercial Line is certainly thfi-^ 
 least attractive ; but even the strict perform- 
 ance 
 
VTP STATE OF I^MA§^0 - §§ 
 
 unce of its duties might very properly fill 
 up the day. In it an Assistant has nothing 
 to do, and it is seldom that a residency is 
 obtained under twelve years. To those who 
 have capital, and a knowledge of trade, these 
 years may be well employed. Indeed, there 
 is no line of the Service, where the duties, 
 when conscientiously executed, will not af- 
 ford a sufficiency of labour, and the means 
 of acquiring credit and wealth. I shouldj;- 
 however, be disposed to give the preference 
 to them, in the order in which I have men-' 
 tioned them above, viz. 1. The Judicial; 
 2. The Political ; 3. The Revenue ; and, 
 4. The Commercial. ^^ ^rf* 
 
 In the next Chapter, I propose giving 
 som« account of the country, which may 
 not be without its use to those who have 
 just commenced their career as Civil Ser^^ 
 vants, and which even the more experien^^ 
 ced will do well to keep in mind, while pe- 
 rusing the remainder of this Essay. '* -^^i 
 -laioh^q ionig t>ili a&vti iijd ^ /nJomii^i Ub^I 
 
e-KU^M '-iO ''iTAT 
 
 .1! 
 
 liiTi . tt 1. 
 
 
STATE OF INDIA. 91 
 
 CHAP. II. 
 
 DESCRIPTION OF THE COUNTRY, AND ITS POPU- 
 LATION, WITH SOME ACCOUNT OF THE DIF- 
 FERENT RACES OF ITS INHABITANTS, OF THE 
 
 GOVERNMENT, — OF THE COURTS OF JUSTICE, 
 
 THE EUROPEAN AND NATIVE SERVANTS OF THE 
 COMPANY, — THE PROGRESSIVE IMPROVEMENTS 
 
 IN THE JUDICIAL SYSTEM, IN POLICE, THE 
 
 REGULATIONS ENACTED ON THESE SUBJECTS, 
 
 JL o those who have never been in Bengal, 
 or who are there only commencing their ca- 
 reer as Servants of the Company, and have 
 not enjoyed opportunities of acquiring infor- 
 mation regarding the country and its inha- 
 bitants, still more especially, to the young- 
 er Servants of the Company, — it will be pro- 
 per 
 
92 CONSIDERATIONS ON THE 
 
 per to address a few words. Not that there 
 are wanting many and excellent general ac- 
 counts of Hindostan, but because these 
 works have seldom descended to minute 
 particulars. Those books which are con- 
 nected with the history of India, are not in 
 the hands of every one ; and it is necessary 
 that the reader should possess, within the 
 present Essay, materials sufficient for form- 
 ing his opinion on the different branches of 
 the subject. For more useful and extensive 
 information, I should recommend his read- 
 ing Mr. Colebrooke's work on the '' Hus- 
 '' bandry of Bengal;'' Mr. Ward's '' Ac- 
 ^^ count of the Hindoos ;" the papers on 
 these subjects, in the Transactions of the 
 Asiatic Society; and the Supplementary 
 Volume to th§ '' Digest of the Regulations ;" 
 to all of which I am indebted. 
 
 y Bengal is, for the most part, a flat cham- 
 paign country, having, however, occasional 
 elevations, and, in some parts, hills. It pos- 
 sesses 
 
IB STATE OF INDIA^^C^ 93 
 
 sesses every diversity of soil ; but the greatt 
 er part of it is of a clayey nature, with a 
 portion of siliceous sand intermixed. Oir- 
 ing to the inundation of the rivers, and the 
 partial intermixture of other substances 
 than those above mentioned, the quality of 
 the soil varies extremely, so that in one 
 small estate, we shall often perceive every 
 variety. 
 
 ■':j miii^i d 'giti 
 
 The southern and eastern tracts of the 
 country are the most subject to inundation, 
 and, consequently, the richest. The north- 
 ern and western parts are dryer, and there- 
 fore poorer. ^f^ tatioD 
 sdi to anocia*^ a^ s?srft 
 
 The chief productions of the southern and 
 eastern parts of Bengal, are rice, sugar, silk^ 
 and indigo: the northern and western 
 parts producing these also, though in small- 
 er quantity, and inferior in quafity ; their 
 principal produce being opium, tobacco, 
 -^^4 ^i .^liLii .e^jijiq ^oau^ xy t^aii ^, cotton, 
 
94 CONSIDERATIONS ON THE 
 
 cotton, wheat and barley. Besides those 
 which I have mentioned as the more valu-* 
 able productions of the country, and which 
 are the objects of foreign commerce, they 
 have, in sujfficient quantity for internal con- 
 sumption, almost every article of domestic 
 comfort. And the great varieties of soil, 
 and even climate, seem to ensure success to 
 those who shall endeavour to bring to per- 
 fection any branch of rural economy or ma- 
 nufacture. '? *^ 
 
 ■a dIuow 
 
 The natives of Bengal are not deficient in 
 ingenuity ; on the contrary, in many bran- 
 ches of manufacture, on which, from the 
 great demand, a more than common degree 
 of attention and care has been bestowed, we 
 find them rivalling, and evep . su^pp^js^ing 
 Europeans.* 
 
 / -A 
 
 bfn^*/^® ^^y instance (says Mr. Colebrooke) the 
 « muslins of Dhacca." mmssoBsi md wodsl 
 
STATE OF INI>IA. 95 
 
 .ft^* ready market, an unrestricted trade, 
 and consequent rapid returns, with the in- 
 troduction, perhaps, of a little of the most 
 simple of our machinery, would have a won- 
 derful effect on the trade and manufactures 
 of India,* and a most happy one on the 
 poorer classes of the natives : the more espe- 
 cially, 
 
 f^li did not at first occur to me, that the introduction 
 of machinery, if carried to any considerable extent, 
 would have a ruinous, not a beneficial effect, in India. 
 It would throw thousands of natives out of their bread, 
 and consequently give rise to theft and robbery. It 
 ought to be an object of attention at the present time, 
 (when it is probable that a number of European mecha- 
 nics and speculators will settle in India), to prevent the 
 introduction of complicated machinery ; for if it is allow- 
 ed, where the materials are so cheap, the manufacture 
 of many descriptions of goods at home will suffer,"' 
 
 These observations are not, however, meant to apply 
 to the mere improvement of the tools and instruments 
 already in use, but only to the introduction of great 
 mechanic powers, such as steam, &c, which rei^der 
 labour less necessary. 
 
96 ' CONSIBi^RATIONS OH THE 
 
 cially, as the improvement would extend to 
 the whole body; the Datives wanting that 
 spirit of enterprise and speculation, which 
 confines the wealth gained by trade to a 
 smaUta^rfe,ftf.|d^riDg and ingenious indivl# 
 duals,f^ > ^ij' .3^0 a&nv^: ^:;tw ii^ju^iuio^ 
 
 At present, in Bengal, wealth is div^ided 
 among the Zemindars or landholders — a 
 few great merchants — the Mahajuns or iiio- 
 ney-lenders — that class of men which in- 
 cludes the officers of our public offices in 
 every department — the servants of the ZM. 
 mindars — and a few petty traders, Thfe 
 great body of the natives, viz. the peasaritap 
 artificers, manufacturers, and under-secfe 
 vants, are miserably poorl^odoog balioig 61 
 .rrwonirin 3^t;. 'inr=i 03*2 baa ^Yiilfit 
 
 It is among these last that vice is genera- 
 ted. These, in proportion as they arecojn- 
 fortable, happy and independent, willijh^ 
 good : as they are oppressed and poor^ttboj^C 
 will be vicious. 41 mm no DdDnuoig ^z^i&m 
 -lao'j ^Ai to aoi)qmu8aoo ^di ao ^hasi bdF#r 
 nooi H jL .aov 
 
^p STATE OF JVjyiAC^' 97 
 
 ^5 To what causes this poverty is to be at^ 
 tributed, and to a more minute discussion 
 of the influence of these causes, I shall here- 
 after have occasion to call the attention of 
 the reader ; these being subjects intimately 
 connected with the police of the country. 
 At present, it is sufficient to have thus no- 
 ticed the situation of the lower orders. 
 
 'fOncomparingthe statements of Mr. Cole- 
 BRooKE, Sir William Jones, and Mr. 
 Ward, on the subject of the population of 
 Bengal, I may safely hazard the assertion, 
 that the number of its inhabitants exceeds 
 eighteen millions. There are no certain 
 data in this country, as in England, on which 
 to ground such calculations. Bills of mor- 
 tality, and general registers, are unknown. 
 
 ,; /f*i-C; '^1 V'J- ;]:- ql if 
 
 rfThe province of Behar has geS^erally 
 been included in the calculations of these 
 last-mentioned authors ; and their esti«g 
 mates, grounded on the ^records of culti* 
 vated land, on the consumption of the com- 
 voL. I. H mon 
 
98 CONSIDERATIONS ON THE 
 
 mon articles of food, and on small trials by 
 actual calculation in particular parts of the 
 country, have fluctuated between twenty 
 and thirty millions for the two proyinc^is of 
 Bengal and 3ehar. osBJ^SiiJtiagrejTKj 
 
 . Minute and absolute certainty in these ac- 
 counts is not here requisite. If there are 
 eighteen millions of inhabitants in Bengal^ 
 (and this is generally thought below the 
 standard), that number is amply sufficient 
 for my present purpose. fiiw^ m Bloqe 
 
 ^^•: ■ - ;5Ml,ia i^ifit 
 
 It is stated generally, that in our Indian 
 Empire, such is the fertility of the soil, that 
 one man is equal to the cultivation of four 
 acres. Under this calculation, the present 
 population, judiciously distributed and em* 
 ployed (even without that increase of po- 
 pulation which improvements in agriculture 
 and in the condition of the natives would 
 ensure), is sufficient for the culture of al- 
 most the whole waste land in the country. 
 That such an extension of cultivation should 
 
 take 
 
»** STATE OP INDIA. 99 
 
 take place^ it is only necessary that the con- 
 dition of the Ryots should be altered, and 
 that a vent for the additional produce should 
 be supplied. With such inducements, the 
 present obstacles, arising from want of ex^ 
 ertion, and the depredations committed by 
 those Indian robbers called JDacoitSy and 
 the havoc of the wild beasts, which prowl 
 through the districts lying waste, would soon 
 vanish. Instead of long barren tracts, where 
 the eye is occasionally relieved by small 
 spots of cultivation, in the immediate vici- 
 nity of the villages, we should have smiling 
 fields all around us, and the surface of the 
 country beautifully diversified, by groves of 
 fruit-trees, and a constant succession of vil- 
 lages. This is at present an ideal picture; 
 but, by judicious changes, and under a wise 
 administration, its realisation would be cer- 
 tain^. -.-^: ^ ..„.-..,.-, 
 
 bl0ow EsyitMr ^., ■ ^^^ ^»rff. 
 
 4d[^© ffotJia^n by this to suggest, that the 
 iMtattocofeflhe whole mass of populacion 
 bliioda aoi;tBYiiiLi:j imm^S^-^^'-^^^-^ «5i i: would 
 
100 CONSIDERATIONS ON THE 
 
 would at all times be best bestowed on agri- 
 culture. Generally the prosperity of thosei 
 nations is of longest continuance, which owe^ 
 it to the joint operation of pasturage, agri- 
 culture, and manufactures ; but it is much 
 to be wished, that the condition of the lowert 
 orders in this country were by some means- 
 improved ; and the most probable meansi^fi. 
 doing so at present, would be that of direct*. \ 
 ing as much labour as possible, in the first 
 instance, to the improvement of the soil. 
 Wealth obtained from this source woulA:t 
 then, in its necessary progress, demand mordo 
 comforts, and the higher manufactures ioiii 
 crease proportionably in their turn. li ^doBld 
 
 The population of Bengal is made up cif1> 
 Hindoos and Mussulmans ; among the laafe'i 
 a great number have become naturalized, 
 and in outward appearance differ very little 
 from the Hindoos. But a number of ?tW'j 
 descendants of Persians, Moghuls, Afghan^^>t 
 and other foreigners, have their origin 
 
 marked 
 

 aP STATE OF INDl'AfS'^O \0\ 
 
 marked by their fairer skins, and by fea- 
 tures of a piore, har^h an4 commanding ex- 
 presskmifw ^sofmnaitaoa ig^gaollio ai f^aoilfia 
 
 ^AiWDafg^'the'^ Hindoos and Mussulmans, 
 ther^ kre to be found various shades of co^^ 
 lour, — from the light copper colour of th6 
 higher classes of Bramins and Mussulmans, 
 to the deepest black of the day-labourer. 
 
 yc'iA Mil m . i^^jMii^m^^%&-^iiimk%i. si,*.»i*44'^^^gCii 
 Sometimes we see whole villages and 
 tribes of men, who, through all the variety 
 of profession and employment, preserve i- 
 fair colour; but, in general, the natives are 
 black, in proportion to their exposure to 
 the sun. This, however, has not an imme- 
 diate, but a distant effect on tribes and 
 families, ^aoms f ?^u fiB aoofaaiH 
 
 The Hindoos are divided into four great ^ 
 classes ; and these last into innumerable 
 lesser casts. The four classes are, The Bra^^ 
 
 fligno ixDiiJ H 3 loi vj- miri;^ 
 
 b^iififli 
 
102 CONSIDERATIONS ON THE 
 
 min, The Kshatrya, The Vaisa, and The 
 Soodra. ^ .^niaiBins'i 
 
 Originally, in point of respect and r^nk, 
 these were, in the order above given, subor- 
 dinate to each other. At present, it is only 
 necessary to remark, that although these 
 distinctions are not universally attended to, 
 and respect is generally confined to the richy 
 yet the Bramins are considered, as they 
 ever were, equal to the gods, while the Soo- 
 dras are on a level with the beasts of the 
 field. It is with these gods on the one hand, 
 and with these poor beasts on the other, 
 that we shall be particularly acquainted in 
 the latter part of this Essay ; for it is chiefly 
 among these two classes, that crimen are 
 most prevalent. idi Jiieit l5itt* 
 
 ' • The Bramins have in former tiniei?^"U(^n 
 always the leading body in the State^; they 
 have lately lost somewhat of their authority, 
 
 but 
 
fHT STATE OF INDIA 103 
 
 but have still too much of that influence 
 remaining. ^Btboo^* 
 
 ^^The natives of Bengal are not, generally 
 speaking, strong, but they make up for this 
 by patience and endurance. There are 
 amonff them some casts v^^ho are more ro-. 
 bust than others. We may particularly in- 
 stance the Goivalahs or cow-keepers. The 
 food of these consists chiefly of milk and 
 ghee (or clarified butter) ; and to this class 
 the profession of the wrestler is almost 
 exclusively confined. Although commonly 
 this cast is a respectable one, and highly 
 ^esteemed among the natives, yet few gangs 
 fof Dacoits (or robbers) are without one or 
 smore Goivalahs, Cow- stealing, which is 
 one of the most common crimes in our Zil- 
 lahs (or districts), is also practised by these 
 nGowalahSy by the Musulmans, and by the 
 ^'Moochee ov Shoemaker cast. _ -nv^/n 
 
 turf H 4 The 
 
1 W" CONSIBERATIONS ON THE 
 
 siThe Bengalees, in height, are generally of 
 the middle size, uncommonly straight and? 
 well made ; and their countenances, when 
 young, are generally pleasing. Their child* 
 rep, when very young, are extremely hand* 
 some and lively, becoming duller as they 
 grow old. On the subject of their disposi-r 
 tious I have enlarged in another Chapter. 
 
 ; In the eastern and southern parts of Ben^ 
 gal, the Mussulmans are almost equal inui 
 number to the Hindoos. In the middle 
 districts, Mr. Colebrooke seems to think 
 that their number does not amount to above 
 one-fourth, and that this proportion de+B 
 creases as we go farther west^js ii ^UBioi bo 
 
 .^i'The Mussulmans are more bold and en- 
 terprising; the Hindoos, sluggish and cow- 
 ardly, but cautious and cunning. Both are 
 in general equally destitute of jogioral iprinto 
 cipl&« ^.jix. 3, A, „.,... rOobaiH 3dj I0 lobia 
 »g9i liodT jkii I0 jlqcnaT adi moiilbel 
 
m STATE OF INBIA. '^OD 105 
 
 ^ The clothing of the Mussulman and the 
 Hindoo is simple and cheap ; their food is 
 procured at a trifling expense, and consists 
 of rice, with a little split pulse and salt : od^X 
 casionally they have a light curry of veg^^^t 
 tables or fish ; but this is esteemed a luxury; 
 and is only common among the higher 
 ranks. The Mussulman lives a little better 
 than the Hindoo ; and if in the neighbour- 
 hood of a town or large village, indulges not 
 unfrequently in a small bit of poor beef. M^ 
 aibbini odi ai ,soohfnH ^ox oi ipdoiiia 
 
 iliids an erroneous idea that the Hindoos 
 are altogether interdicted from the use of 
 animal food. Even the Bramins are enjoin*o 
 ed to taste it at some of their sacrifices ; and 
 all the other casts eat it occasionally. It is, 
 however, expected, that they perform some 
 r€ligious ceremony previously, and nothing 
 is more common in the vicinity of Calcutta, 
 or other large towns, than to see the better 
 order of the Hindoos returning with their 
 kidi from the Temple of Kali. Their res- 
 pect 
 
106 CONSIDERATIONS ON THE 
 
 spect for that goddess does, indeed, induce 
 them to leave the most useless part with 
 her, viz. the head. But there is httle 
 doubt, that the satisfaction attending the 
 sacrifice is enhanced by the good dinner 
 afterwards. 
 
 Thievesand robbers, however, are the only 
 persons who live well. Among these, the use 
 of flesh and all kinds of spirituous liquors is 
 common. Theirs is a merry life ; and we 
 need not wonder that many poor wretches 
 are induced to adopt it. Let the lower iW- 
 ders have equal comforts with the Dacoits, 
 and they will prefer a life of honesty. A- 
 mong the very lowest casts, particularly 
 among the JBuddeas, Uaiuk-bearers, and 
 HareeSy the flesh of the wild hog is frequent-^ 
 ly eaten. They go out in parties at nighty 
 carrying torches, and attended by a race of 
 dogs common in the villages, and called j^a- 
 riars. The hogs approach the light, and 
 are run down by the dogs ; when at bay, the 
 
 men 
 
aHTSTATE OF IBTDilA^^'O? lOj^ 
 
 men come behind them and spear them. 
 Tbie Jasb is by no means unpleasant to the 
 t^tt. ^Parties of this kind, and the poojahs, 
 lOr ceremonies of their gods, are frequently 
 used as a cover for assembling a party of 
 Dncoits, armed and prepared to commit a 
 robbery. 
 ^Ifiio &di -ym 
 
 ^BfiThe huts of the natives of Bengal are, 
 4»^ general, miserably poor. It is strange 
 Tthat they are more comfortable in the north- 
 ern and vrestern districts, where there is less 
 trade and commerce, than towards the east 
 and south ; but the wealth of the last-men- 
 tioned quarter has at present no circulation 
 amongst the lower orders, and cannot affeet 
 their condition. The huts of the Bengalees 
 afford no security against the attacks of rob- 
 bers. They are built with light bamboo 
 i frames, covered with a kind of reeds bruised 
 ^^flat, and plaited into mats. Their floors 
 I are generally raised about a foot or two from 
 5ibe ground, by layers of clay beaten down. 
 n^Hf The 
 
l&S CONSUMER ATIONS ON THE 
 
 The thieves, who are denominated Sindeals'^ 
 or hole-cutters, easily undermine these floors 
 from without, or cut holes through the mats^ 
 Sftifficiently large to admit of their entering^. 
 a»d by these means carry away property, 
 generally to a very small amount. This is 
 the crime which, in Bengal, has been digniit| 
 fied with the name of Burglary. In the 
 earthern floor, it is not at all uncommon for 
 the Bengalee to bury, in a clay vessel, the 
 little money or jewels he may possess, and 
 sometimes the servants of the house giver 
 information of this to the Dacoits, There 
 are many instances of the Dacoits havings 
 tortured the poor natives, until they pointedt 
 out the place where their money was con- 
 cealed. In one village, in particular, which 
 I entered, immediately after a Dacoity had 
 been committed, I recollect being shewn i 
 two stakes, with a shallow pit dug between 
 them, over which they had suspended thej 
 master of the house, and had nctuall'^^ 
 roaded him over a slow fire^ until he point- 
 ifidJ ed 
 
m^ STATE OF INDIjyL^^OO 169 
 
 ed out the place where his little treasure 
 was hid. He persisted so long in con- 
 cealing it,: that very little life remained^^ 
 he was only released on shewing them -IP 
 small hole in the wall, neatly plastered ov^ 
 with clay ; from this they took all that he 
 possessed, and he died the next (/tty,oij tni? 
 
 ^^So frequent, in former times, were th-e- 
 visits of these miscreants, that very few of 
 the lower classes thought it worth their 
 while to amass a little money ; and even at 
 the present day, all their little gains are 
 immediately spent in poojahs (the worship of 
 their idols), and other ostentatious cere- 
 monies. This disposition has grown upon 
 them ; and it will be long before a sufficient' 
 confidence in our protection, and an encoii-^ 
 ragement to industy, will induce then^%8^ 
 become independent, or to live other#feW^ 
 than from day to day. Their Mahajuns?ive 
 their only support. For this description of 
 men I do not know an English appellation 
 '^^ that 
 
110 CONSIDERATIONS ON THE 
 
 that would be suitable. They lend money 
 to the peasants, also grain for seed, a:nd for ■ 
 the support of their families, receiving a 
 very profitable return : both parties are in-* 
 4eed accommodated by these means ; but 
 the poor peasant is always kept in balancie. 
 Were he suffered to gain, he would become 
 independent of his Mahajun ; he is there- 
 fore merely kept alive. This system suits 
 his habits of indolence and idleness, and it 
 is difficult to induce him to rise above iik> '* 
 
 Although, from the arrangements which 
 Government have now made in favour of 
 the Zemindars^ we are prevented from much 
 interference in the internal management of 
 their lands, I trust I shall yet be able to 
 prove that there still remain means of ren- 
 dering the peasants a more independent' 
 and happy race. These means ought Jp^^ 
 be the immediate objects of a good police; 
 which word I take in its widest sense, name- 
 ly, The science of bettering the condition. 
 
 of 
 
^H STATE OF INDIA, u 111 
 
 of our fellow-creatures. ^^ Unquestionably 
 *^ there cannot be a greater act of benevo- 
 ^^ lence to mankind, in a state of criminal 
 '^ delinquency, than that which tends to 
 '^ civilize their manners, to teach them 
 '^ obedience to the laws, to screen them 
 ^* and their families from the evils and 
 ^^ distress attending on punishment, by 
 '^ preventing offences, and to lead them 
 ^^ into the paths of honest industry, as the 
 " only means of securing them that com- 
 " fort and happiness which a life of crimi- 
 '^ nality, however productive of occasional 
 '' supplies of money, can never bestow on 
 " them/'* This appears to me to be an 
 admirable definition of Police. 
 
 n^he villages throughout Bengal are very 
 much scattered, and at great distances from 
 each other ;' and the lands only which are in 
 
 I ^uua:\ uuua M io the 
 
 iioii^ibooa adi gari3l;lad to srinsiag aril / 
 * Dr. Johnson. 
 
112 CONSIDERATIONS ON THE 
 
 the immediate vicinity of the village are cul* 
 tivated. By this means, many of the rich- 
 est spots are entirely lost. Where a field is 
 at any distance from the village, so great are 
 the ravages of the buffaloes and wild-hogs, 
 that it is necessary for the poor peasant to 
 raise a small hut upon a scaffold, to watch 
 his crop day and night. But it cannot be 
 otherwise, where nearly one-half of the 
 country is a wild and useless jungle. The 
 Zemindars ought by all means to encourage 
 their tenants to spread, by lowering the rents 
 of land, granting long leases, and other in- 
 dulgences. The Magistrates ought parti- 
 cularly to favour new settlements. The con- 
 dition of the peasants is at present so mi- 
 serable, that the slightest improvement 
 would be gladly accepted. The horror of 
 leaving their own country for another, is 
 very great among the natives ; but they 
 have no objection to remove to a short dis- 
 tance, or to a neighbouring village. 
 
 In 
 
MJB STATE 01? INDIA. -^O^ EH 
 
 *4lfcr each Bengalee village there exists a 
 ferm of government, more or less perfectiJ 
 Jn former times, the order was as foUc^wsa^ 
 
 The Zemindar, ,or collector on me part 
 
 of Government. 
 
 jcbiBw ^i ^liii-m^^^ iioqif tod Msd^ £ smin 
 
 rThe J7a?|oo/^^o^, a sort of comptroller 
 
 oveFi the accounts of the Zemindar. 
 
 3al •3i§aiit £8sBaD BOB Eiiw iaooo 
 
 »gBi«oDa^ ol 3a^'3m IIb ^d j^dgiio if »i>i^i«i^ 
 
 »fli isdlo bfifi ,80gB9{ ^dC)I golioCTg .btmf lo 
 'The Mundils or Gomasihas, mcnofrje-v 
 
 spectability among the Ryots or peasants, 
 
 who were allowed to take lead in managing. 
 
 the affairs of the Zemindars. These ought 
 
 properly to stand between the Zemindars 
 
 and the peasants ;, but, from indulgences 
 
 grafted them by the Zemindars, they were 
 
 often and easily swayed to favour these last 
 
 in carrying any pomt against the Myots. 
 
 VOL. I. I Next 
 
114 CONSIDERATIONS ON THE 
 
 . Next in influence to these were the Moc- 
 cuddimsy or head Ryots of the village. These 
 were generally old men, whose age and wis- 
 dom gave them influence. They were often 
 the farmers of the villages, and had much to 
 say in the affairs of police, and in the 
 protection of the peasants. 
 
 Besides these were the Paicks and Chokee- 
 dars or Pausbans. The first of these were 
 generally servants of the Zemindars, employ- 
 ed in collecting the revenue : but who, from 
 their knowledge of the abode, the means and 
 characters of the peasants, were often appli- 
 ed to for information against criminals. The 
 last were the regular watchmen, and to these^ 
 succeeded the heads of the different profes- 
 sions, who were allowed to have a leading 
 voice, not only in their own affairs, but in 
 the general concerns of the village. These 
 professions will be enumerated shortly* • 
 
 Most 
 
 * Under the new Zemindar?/ System, the puiwari/ has' 
 
 . become 
 
aU STATE OF INDIA, 115 
 
 Most villages are divided into separate 
 jurisdictions, or places, which go by the 
 names of P«ra, Tola, or Mohullah, In these 
 reside the different trades and professions 
 but not exclusively, as others at times mix 
 with them. In each of these j^ara^ there are 
 one or two leading men, and sometimes 
 women, who are consulted and referred to 
 on all occasions. These are good instru- 
 ments of police. 
 
 The different casts and professions sepa- 
 rate themselves into clubs or lodges, to use 
 an English appellation. These are very cu- 
 rious institutions : They have by-laws, by 
 which they are regulated, and these they 
 1 2 enforce 
 
 become a servant of the Zemindar. Throughout Bengal, 
 the Canoongoe$ are done awaj. The Moccuddims no 
 lon§;er possess power. The chief protectors of the Ri/ot 
 are thus removed. From the Fifth Report of the House 
 of Commons, j,ad„ from Colonel Wilks's History of the. 
 South of India, I find, that a village government, ex. 
 actly similar, prevailed in the south of India. 
 
116 CONSIDERATIONS ON THE 
 
 enforce with the greatest strictness. No- 
 thing can exceed the horror with which a 
 native looks to expulsion from his club, or 
 the meeting of his cast. The consequences 
 are very serious : even their own relations 
 are forbidden eating in company with them ; 
 they dare not assist at the religious ceremo- 
 nies of the cast ; and they might starve, be- 
 fore any of their friends, or even relations, 
 would give them help. They are scoffed at 
 and despised. But rigorous as these restric- 
 tions are, a large sum of money, or a feast 
 given to the club, and a present to the regu- 
 lating Brahmins, are at all times a sufficient 
 atonement, and procure a ready re-admis- 
 sion into the cast. When these cannot be 
 given, the person must flee the country, join 
 the lowest casts in society, who admit of 
 outcasts from the others, or live by his wits. 
 He that is driven out from his" cast is ren- 
 dered desperate ; he cares neither for reputa- 
 tion nor for life ; and he thus makes an ad- 
 mirable Dacoii. 
 
 Many 
 
STATE OF INDIA. 117 
 
 Many a young man, who, but for this in- 
 stitution, might have been a creditable mem- 
 ber of society, is at once hurried into a life 
 of guilt, and lost for ever. These clubs 
 have each one or more Brahmin priests, who 
 perform the necessary ceremonies when re- 
 quired by any of the club. With these men 
 chiefly lie the decision regarding the in- 
 fringement of the orders, and the whole 
 secrets of the club. Their influence is 
 consequently very great. They are excel- 
 lent instruments in the hands of an able 
 magistrate. 
 
 In mentioning the population of the vil- 
 lages, and the diflferent professions and 
 trades, it will be well to give the native 
 names, as well as their translations. T 
 have already mentioned the names of the 
 leading men of the village. 
 
 The peasants are called Ryots, 
 
 I 3 The 
 
Il8 CONSIDERATIONS ON THE 
 
 The agricultural peasants, Chasas^ or 
 cultivators. ao^ 
 
 There are in most villages, - - 
 
 JotesheeSy or astrologers. 
 
 Chikatsoksy or physicians. ■■i^.al 
 
 Modees, resembling the chandlers in 
 England, supplying the common articles 
 of food. -.^-^ .%^M>Hi. ■: 
 
 TeleeSy or oil-men. 
 
 Hulivaees, or sweet-meat makers. 
 
 Shrofsy or money-changers. 
 
 Mahajunsy a species of money-lenders, 
 formerly mentioned. 
 
 Moocheesy 
 
STATJB OF INDIA. 119 
 
 MoocheeSy or shoe-makers, but more 
 properly manufacturers of all kind of lea- 
 ther-work and tanners, making drums, 
 sieves, shoes, harness, &c. 
 
 Durzees; or tailors, This profession is 
 almost totally confined to the Mussul- 
 mans. 
 
 SoonarSy or gold and silver smiths. 
 
 Naees and Hufams, or barbers. 
 
 RaujeSy or masons. 
 
 GowalaSy or cow -keepers, 
 
 Dhobeesy or washermen ; and 
 
 Sooreesy or wine makers and retailers. 
 Hiese also, in an underhand way, supply 
 the dissipated with opium, gunja or hangy 
 and other intoxicating drugs. 
 
 I 4 Besides 
 
120 CONSIDERATIONS ON THE 
 
 Besides these, there are fishermen, 
 grain-dealers, green -grocers, and pedlars, 
 of mixed casts. uyH h»> 
 
 Pussarees, or spice and drug men. 
 
 Sunkarees, or makers of shell bracelets ; 
 together with a great variety of professions, 
 which are followed by all the lowest casts 
 indiscriminately. 
 
 Among these trades and professions, the 
 most useful to the Magistrate are the bar- 
 ber, the modee (or chandler), the goldsmith^ 
 and the washerman. The barbers are de- 
 scribed in the Shasters as being *' the most 
 *^ cunning among men, even as the jackal is 
 ^^ among beasts.'' They have, as formerly 
 in Europe, the double profession of barber 
 and surgeon. There are no regular prac- 
 titioners in this last science known in 
 Bengal. The goldsmiths are professional 
 thieves, as will be hereafter noticed. This ' 
 
STATE OP INDIA. 121 
 
 is also the case with the Dhobees or washer- 
 men. The Modees have a general know- 
 ledge of the character and circumstances of 
 every individual, and their accounts are 
 often very useful.* 
 
 Nor must we forget the professions with 
 which, in the present Essay, we shall have 
 most to do, viz. The Dacoit^ the Itahzun, the 
 Sindeal, the Gochore, the Chore^ the Bum- 
 buttea, and many other descriptions of of- 
 fenders. Of these we must now proceed to 
 give a more minute account. 
 
 Dacoits. 
 
 * Particularly in ascertaining dates and expenditure* 
 In a late case of a contested will, tried in Calcutta, 
 the testimony of several of the witnesses was proved 
 to be false, by the production of the Modee's books ; 
 and in a case of a dacoiti/, in which property to an 
 immense amount had been carried away, the detection 
 and apprehension of the chief members of the gang 
 was effected by an inspection of the Modee's books, in 
 which a disbursement, far exceeding their ordinary 
 means, appeared in names of the persons, and led to 
 suspicion. 
 
122 CONSIDERATIONS ON THE 
 
 Da CO ITS, 
 
 The profession of a Dacoit is of ancient 
 origin. Dacoity is a violent and open rob- 
 bery committed generally in the night, by 
 torch light, and in almost every instance by 
 a numerous gang. The ravages of the Da- 
 coits in Bengal are particularly noticed in 
 the Resolutions of a Committee of Circuit 
 at Cossimbuzar, as far back as 1772. They 
 are there styled '^ Abandoned outlaws, not 
 ^^ only infesting the highways, but plun- 
 *^ dering and burning whole villages/' It 
 is there ordained, that they be, on convic- 
 tion, immediately hanged, the villages to 
 which they belong fined, and their families 
 made slaves to Government. Under the 
 native Governments, it was only necessary 
 to prove the identity of the person who was 
 notorious as a Dacoit, without specifically 
 proving any act of criminality, and he was 
 immediately executed. They are impro- 
 perly styled highway robbers, at least accord- 
 
STATE OF INDIA. 123 
 
 ing to our common acceptation of this 
 word ; for a Dacoit seldom robs on the high- 
 way, and scarcely ever singly, or unattend- 
 ed by a large gang. Their method of plun- 
 ^dering is as follows. The members of the 
 gangs, which, for the most part, are of 
 long standing, and regularly organized, 
 „are summoned to attend by the Sirdars or 
 ^^leaders. The plan and method, as well as 
 ^ the object of attack, are then agreed on. 
 The faces of the Dacoits are mujffled up in 
 their clothes, leaving only the eyes uncovered. 
 This adds to the frightfulness of their appear- 
 ance, and prevents their being known. They 
 are often armed with swords and spears, but 
 most of them with a very long bamboo, 
 pointed with iron, which they call a churr, 
 or with bamboo clubs, called latees. The 
 parties have frequently an old matchlock, 
 which they do ndt use as a weapon of of- 
 fence, but only fire on entering the village, 
 as a signal for the villagers to leave it. This 
 signal, throughout Bengal, is immediately 
 D , \ obeyed; 
 
124 CONSIDERATIONS ON THE 
 
 obeyed ; the villagers, in the most coward- 
 ly manner, leaving their helpless wives and 
 children to the mercy of these wretches. 
 The Dacoits having arrived at the house, 
 light their torches, or bundles of straw, and 
 entering it, take all the portable property, 
 in brass, silver, gold, clothes, or money. 
 Where treasure is said to be concealed, they 
 seize on some old and decrepid man or wo- 
 man, and, by threats and torture, extort 
 from them the secret. Dacoits seldom mur- 
 der without cause, or wantonly, but gene- 
 rally from revenge against informers or wit- 
 nesses, or when they happen to be recog- 
 nized in the act. I recollect an instance, in 
 which three informers, in succession, were 
 murdered by one gang. The first had gone to 
 thesudder^ or head station, to give informa- 
 tion of a robbery committed by the gang ; he 
 was murdered on his return. The second, 
 a relation of the first, had gone for the pur- 
 pose of giving intelligence of the other's 
 murder, and was also cut to pieces immedi- 
 ately 
 
STATE OF INDIA. 125 
 
 ately on his return : and the third, a Goinda 
 (or professional informer), who gave infor- 
 mation of this last murder, shared the same 
 fate with the other two. The leader of this 
 notorious gang, whose cruelty, in the in- 
 stance of burning to death the poor peasant 
 was formerly mentioned, who was well 
 known as the perpetrator of various murders, 
 and who was tried, and, in my opinion, 
 fully convicted as the murderer of the Goin- 
 da above mentioned, was yet acquitted 
 because the evidence did not satisfy the 
 Mussulman Moluvee of the Court. There 
 was not in this trial the slightest reason to 
 suspect the testimony of the witnesses; 
 but they had, as is customary in almost 
 every Indian trial, exaggerated some facts; 
 and, most unfortunately, several of them 
 were women a 1 
 
 The Dacoits are not a bold set of men un- 
 less in comparison with the unresisting pea- 
 sants ; and there are even instances of their 
 riau ^ being 
 
12fr CONSIDERATIONS ON THE 
 
 being opposed and defeated by these. There 
 is not a doubt, that the inhabitants of the < 
 villages, if encouraged by rewards, and as-f 
 sisted by the Police officers of Government, 
 might be brought to oppose them with suc- 
 cess. But it is not, at present, the interest 
 of these officers to do so. 
 
 Rahzuns. ' . -u 
 
 The JRahzun^ or, as the word denotes, 
 road- striker, may perhaps have originally^:* 
 had some resemblance to the highway rob-r^ 
 ber or footpad ; but whatever this term may 
 have meant formerly, the Bengalee, when 
 he now talks of Rahzunee, generally means i 
 no more than a violent quarrel or assault,i? 
 attended, perhaps, w^ith some small loss of 
 property. To insure a speedy attention to 
 the complaint, it is dignified with the above 
 appellation, and a false statement of things 
 said to be -lost is often added- There are 
 
 very 
 
STATE OP INDIA. 12/ 
 
 very few instances of real highway robbery 
 in Bengal at the present time; but it is not 
 uncommon in the Upper Provinces, 
 
 NUKUBZUNS. 
 
 The Nukubzun or Sindeal^ from the words 
 nukub or sind, signifying a hole^ are a species 
 of delinquents who have been honoured 
 with a title far more dignified than they de- 
 serve. The burglar in Europe is justly consi- 
 dered as a criminal of the first magnitude : 
 his punishment is death ; but the crime of 
 nukubzunee^ which is often translated by the 
 word burglary y is a crime of a very different 
 nature, and, in fact, is a theft of the lowest 
 and most trivial description of any. The 
 Nukubzun or Sindeal^ in a dark night and 
 with every * possible caution and secrecy, 
 pierces the mat of the hut, or digs a hole 
 through the clay floor or wall, ahd entering 
 it, takes any little thing that may be in his 
 
 way, 
 
128 CONSIDERATIONS ON THE 
 
 way, though seldom more than a brass pot, a 
 piece of cloth, or a little rice. No doubt, 
 there are instances in which this species of 
 delinquents proceed to greater lengths ; but 
 the above is a true description of Niikub- 
 zunee^ as it exists in most of the Zillahs of 
 Bengal. The Nukuhzun is generally single 
 and unattended. This crime, however, as 
 being easy to commit, is become very com- 
 mon, and on this account has drawn on it 
 the severity of Government. What effect 
 this additional severity has had, I am not 
 yet able to say. The crime originates in 
 the poverty of the lower orders. By remo- 
 ving the cause, we may prevent the occur- 
 rence of the offence : — by making the pun- 
 ishment very severe, we lessen the proba- 
 bility of our receiving information. 
 
 Go CHORES. 
 
•^ I STATE OP INDIA. 129 
 
 GOCHORES, 
 
 The Gochores or cow stealers, are among 
 the cleverest of delinquents. They are 
 chiefly Mussulmans and Moochees^ some- 
 times joined, and often encouraged by the 
 Gowalas, This crime is particularly com- 
 mon in the neighbourhood of Calcutta, and 
 all great towns, where there is a demand 
 for cow's flesh. The intermediatp sales are 
 conducted with such rapidity and skill, the 
 animals are so defaced by mutilating their 
 horns and ears, and by the additional marks* 
 placed on them, as well as by the loss of 
 flesh, and there- are so many different indi- 
 viduals employed in the sale, that the proofs 
 . of this crime become tedious, and frequently 
 impossible. More will be found on this 
 subject hereafter. 
 
 VOL. I. K Chores. 
 
 * A native marks his cattle by branding them with a 
 hot iron. 
 
130 CONSIDERATIONS ON tHE 
 
 CaokES. boo^ aifi sn» 
 
 The CAore, or common thief, needs no de- 
 scription ; but there are some casts among 
 the natives who are more commonly, or in- 
 deed wholly given to stealing. These are 
 the JBuddeaSj a very low cast, and of no pai-* 
 ticular profession, — the Soonars or gold- 
 smiths, — the Dhobees or washermeil,~and 
 the Dorne^ or basket-makers. ?^i!^^ 
 
 " -^* 
 
 BUMBUTTEAS. ^i^J^ 
 
 TheBumhuttaes are those thieves and DkR 
 coits who rob on the river. This class also 
 includes a peculiar species of delinquents, 
 who engage themselves to the merchants as 
 Mangees or boatmen on board their trading 
 vessels. These, on finding a good oppor- 
 tunity, pierce a hole in the bottom of the 
 boat, and sink it ; they are then assisted by^ 
 
 « ,. their 
 
^y^ STATE OP INDIA^O 131 
 
 their accomplices in robbing and plunder- 
 ing the goods amid the confusion which 
 ensues. 
 
 - Besides these, there are many other sorts 
 of criminals, as swindlers, coiners, &c. ; but 
 these are not nearly so common as in Eu- 
 rope. 
 
 A" 
 
 , I^The lowest casts of the Hindoos, and the 
 very dregs of society, are the Do7nes — Bud- 
 deasj JHarees, Moordafuroshes (or dead body 
 men), La/A^g-ee^, and different descriptions of 
 Mihters (or sweepers). These casts feed pro* 
 miscuously among themselves, or even with 
 Mussulmans and Europeans : they eat flesh, 
 and the refuse of our kitchens, — drink wine, 
 — and do all the dirty jobs about the houses 
 of Europeans. From among these the gangs 
 gtf Dacoits are often recruited. 
 
 >flThig*ptibKc \4^omen in the villages of Ben- 
 gal^will give the Magistrate very little 
 tiarii K 2 trouble, 
 
132 CONSIDERATIONS ON THE 
 
 trouble, and they may at times afford him 
 essential assistance in the apprehension of 
 criminals. But the Dacoits^ for the most 
 part, have kept- mistresses, to whom they 
 are, from necessity, very faithful. The dis- 
 grace attending second marriages in India, 
 — the practice of the Brahmins marrying 
 very young women, and leaving them, and 
 the general laxity of morals, render it easy 
 for the Dacoits to find mistresses. Jealousy 
 alone will induce one of these mistresses to 
 become informer against a Dacoit, They 
 will resist every other inducement ; and in>f 
 stances of fidelity and steady attachment are 
 very often seen in our Courts, but more par4 
 ticularly known to those magistrates who 
 have had much to do in the apprehension 
 of criminals. 
 
 These observations on the country and 
 people of Bengal, are all that are neces- 
 sary in the^present Essay, although the suhr 
 
STATE OP INDIA. 133 
 
 j^t is^orniilcli interest, and well deserves to 
 
 Be more fully treated. 
 
 ;^..; Inn 
 
 .»«^^'7 
 
 The climate is by no means unhealthy ib 
 the European constitution. It is, however, 
 necessary to avoid exposure to the sun. This 
 cannot be too much attended to by the new 
 comer. If he arrive young in the country, 
 and take proper care, it is probable that he 
 will keep his health as well as he would have 
 done in Europe, more particularly if he 
 has an easy situation, or, having an arduous 
 oiie, if he studies • method in every thing. 
 This, indeed, is the very essence of busi- 
 ness ; and I am well convinced, that with- 
 out this, no Judicial Servant of the Compa- 
 ny cati do his duty conscientiously without 
 ruining his constitution. 
 
 ^**f shall now proceed to give a short ac- 
 count of our Indian Courts of Justice, and 
 of the successive plans and arrangements 
 for the police of the country. Those who 
 
 k3 wish 
 
134 CONSIDERATIONS ON THE 
 
 Wish for more ample information OT^'rais 
 subject, are referred to VIr. CoLi Brooke's 
 *^ Supplement lo the Digest of the Laws and 
 *^ Regulations/' and to Mr Harrington's 
 
 " Analysis." \^T'^: 
 
 It is scarcely necessary to remind the 
 reader, that the affairs of India are mana- 
 ged in Europe by a Body of Merchants, 
 styled the Honourable the East iNbiA 
 Company, and controuled bv a Board, 
 constituted by the British Government, 
 called the Board o^ Cdntroul : in 
 India by a Governor-General and Coun- 
 cil, at the Presidency of Bengal, and by 
 subordinate Governors at Madras '^rid 
 Bombay, each of whom is also assisted by 
 a Council The Council in Bengal consists 
 of three persons, viz. the Commander in 
 Chief, and two Civilians. The internal 
 management of the country is conducted 
 by separate Boards ; the Military Board, 
 - — the Board of .Revenue, — the Board of 
 
 Trade, 
 
ST ATI; €F INDIA, i}^5 
 
 Trade, — and the Sadder Court, or Board 
 <rf Civil and Criminal Justice. 
 
 ^ , Xhe servants ijnder these respective 
 Boards form distinct branches of the ser* 
 vice, but not exclusively so, as servants from 
 ^y of the braRch(?s (the military excepted) 
 ^a^reat times employed in other lines; and, 
 in 9. few instances, military servants have 
 been selected to fill civil situations, particu- 
 larly as Resideijts at native Courts. 
 
 The Boards are held in Calcutta. There 
 is no Diplomatic Board, although the poli- 
 tical line of the service constitutes a distinct 
 branch, and is managed by the Governgr, 
 with the assistance of a Political Secretary 
 und select Civil Servants, who carry on the 
 ,»ative correspondence, &c. 
 
 I, 
 
 f><^J, shall confine myself at present to a 
 
 detail of the management of the Judicial 
 
 'Department. 
 
 K 4 Previous 
 
136 CONSIDERATIONS ON THE 
 
 >/ Previous to our interference in the distrt^ 
 bution of Justice, it was administered under 
 the native Governments with great irregu^ 
 larity, but with very considerable vigour; 
 and in a most summary manner. ^^ Rapid 
 *^ executions (says Mr. Stewart, in his Re- 
 " port from Benares), impressing the ima- 
 ** gination with terror, and connecting the 
 " ideas of crime and punishment, complet- 
 *' ed a system well adapted to overawe men's 
 ^' minds, and to maintain the public tran^- 
 *^ quillity." The Zemindars and Aumils 
 were armed with very sufficient power for 
 the apprehension of criminals ; theSe were 
 assisted by all the Zemindaree servants, by 
 the officers employed in the collection of 
 the sayer or impost duties, (who from their 
 being stationed at the different gunges or 
 depots of grain, the bazars^ and the hauts 
 or periodical fairs, whither a variety of 
 people resorted, possessed ample means of 
 ipformation), and by establishments of 
 guards and village watchmen, acting under 
 
 s'U nW »r» UMt ii» Mk> JMilli>Ot tu6^^ 
 
STATE OF INDIA. ' IS/ 
 
 the Thannadars or head watchmen.* The 
 Atimils and the Zemindaree Paicks (or run- 
 ners) being constantly employed in the col- 
 lection of the revenues, and acquainted with 
 the place of abode and means of every in- 
 dividual, were wisely selected by the native 
 Government as the fittest instruments of 
 Police. 
 
 Considering the immense extent of coun- 
 try, and the limited number of judicial ser- 
 vants employed by our Government ; con- 
 sidering also the wide difference in the 
 habits and manners of the two nations, it is 
 not to be wondered, that the introduction of 
 
 a sys- 
 
 * In the Fifth Report of the Committee of the House 
 of Commons, the Police Establishment under the Ra- 
 jah of Burdwan is described as consisting of Thanna- 
 dars or chiefs of Police Divisions, under whom were 
 employed 2400 Paicks or armed constables, ana ' 
 19000 Zerhindaree Paicks ^ who were at all times liable 
 to be tailed out in aid of the police. 
 
138 CONSIDERATIONS ON THE 
 
 a system founded altogether pn European 
 principles, and very different from what the 
 natives had been accustomed to, has not yet 
 had the desired effect, to the extent that 
 was expected, in lessening the number of 
 crimes, and bettering the condition of the 
 people. But observations on the defects of 
 this system will come with greater proprie- 
 ty after the several arrangements of Govern- 
 ment have been enumerated. In mention- 
 iog these, I shall confine myself, at present:, 
 almost entirely to the Criminal Depart- 
 ment, touching only on the Civil Regula- 
 tions where it is difficult to separate the two. 
 
 Should I be fortunate enough to meet 
 with readers, who, without the intention of 
 making use of it professionally, peruse this 
 Essay for amusement, I have to request, that 
 they will here pass over to the beginning of 
 the next chapter. What follows here is 
 merely a dry and uninteresting, though use- 
 ful compilation,,, %^Ussh\. vMsAhsmm 
 fedaiW Ij^ 
 
'^^^ STATE OF INMA. 139 
 
 ^^^Ite August 1772, a Committee of Circuit 
 at Cassimfcazar passed several regulations on 
 the subject of police, whicli were afterwards 
 sanctioned and approved by the Presidewt 
 and Council in the same year. 
 
 In each district there was instituted a 
 Civil Court or Dewany Adawlufy and a Cri- 
 tninal Court or Foujdaree Aduivlut The 
 European Collector of each district, and the 
 native Dewan formed the Court of Dewany 
 Adawlat, The Cazee and Moofteesoi each 
 district, attended by two Moluvees, consti- 
 tuted the Criminal Court. The Collector 
 was ordered to attend to the proceedings of 
 Ihis Court. The names of these officers nmst 
 at present be given in the native language : 
 their duties will be afterwards explained. 
 
 Two Superior Courts, for the ad o) in istra- 
 tion of Civil and Criminal Justice, stvied 
 the lyewany Sudder Adawlut, and the Ni- 
 zamut Sudder Adawlut^ were likewise esta- 
 blished. 
 
140 CONSIDERATIONS ON THE 
 
 Wished; Thy^^lierior Civil (^aui-^^g1Sl 
 rfeceive and determine appeals from th^ 
 Provincial Courts. This courf w4s com- 
 posed of the President and two members of 
 Council, attended by the Detuan of the 
 Khalsa (a term afterwards explained), the 
 head Canoongoe, and other inferior ofBcers. 
 In the Supreme Criminal Court, an officer 
 of justice appointed by the JVazim, and 
 called Daroga Adaivlut, presided. He was 
 assisted by the chief Cazee^ the chief Moof- 
 tee^ and three learned Moluvees : these re- 
 vised the proceedings of the Provincial 
 Courts, and in capital cases prepared the 
 sentence for the warrant of the Nazim, In 
 this court the President and Council had a 
 similar controul to that of the Collector in 
 each Provincial Court. 
 
 A box was lodged at the Court-house 
 door for the reception of petitions. Thi^s 
 excellent practice has been wrongfully given 
 up, and our Aumilah (or Court officers) now 
 
 frequently 
 
STATE OF INDIA. 141 
 
 frequently prevent the poor petitioners from 
 presenting their complaints, or they are 
 seized by some rapacious attorney or Vakeel j 
 whose object is not the speedy redress of 
 the complaint, but his own profit arising 
 from a protracted suit. 
 
 The proceedings in capital cases were 
 sent in as soon as finished to the Nizamut 
 Sudder Adawlut, and records of all other 
 proceedings twice in every month. 
 
 ^ The fees of the Cazee and Mooffee^ and 
 their inferior officers, which were a griev- 
 ance complained of by the Ryots^ were done 
 away, and they were put upon a regular 
 salary. This was a very salutary change, 
 as, in all situations held by natives, where 
 the salary depends upon the fees of office, 
 it will be the interest of the occupant to 
 multiply them, by encouraging litigation ; 
 and in no country is the spirit of litigation 
 more ;yigorous than in Bengal. 
 
 About 
 
142 CONSIDERATIONS ON THE 
 
 1^ About this time, as the peace of the 
 country had been disturbed by bauds of 
 Dacoits^ and as more lenient measures for^ 
 their extirpation had been found unavailing, 
 it was ordered, that these, immediately on 
 their conviction, should be carried to their 
 villages, and there hanged ; that the villages 
 should be fined, and the families of the| 
 criminals should become slaves to the State. 
 The Thannadars and Paicks (^watchmen 
 and patroles) were fined, and dismissed for 
 neglect ; and rewards, in money and lands, 
 were given to the active. > 
 
 The resumption of these lands has cer- 
 tainly, of late years, been attended with 
 very bad consequences ; for, deprived of 
 their means of living, and turned loose on 
 society, -these men are the most desirable of 
 all recruits for a gang of Dacoits^ as well 
 frpm their knowledge of the plans of Go- 
 vernment for their apprehension, as from 
 their acquaintance with the officers and 
 forms of the courts of justice. 
 
'^TAT^mimmF'^^ 143" 
 
 These were the principal regulations of 
 the Ca^sinibazar Committee In submit'^'- 
 ting these to Government, in their lettei^p 
 which is 'inserted in Mr. Colebrooke'S^ 
 ^^ Digest," they give a very clear definition 
 of the different offices under the Nativd 
 Government, which may be useful to the 
 Enghsh reader. '^^^^^ 
 
 The JVazirUy or supreme Magistrate, pre- 
 sided personally in the trial of capital of- 
 fenders. He held his Court once every 
 Sunday. '*' 
 
 The Deivaii was the supposed Magistrate 
 for the decision of causes relating to lig^T 
 estates, or property in land ; but he seldom 
 exercised his authority in person. 
 
 The Daroga\^^mvlut alAulea, (or Da*- 
 roga of the High Court of Justice), wa^' 
 the deputy of the Nazinty deciding all case^ 
 
 >ait80t ^^ ^Uuoi s4i lo «inioi 
 
144 CONSIDERATIONS ON THE 
 
 of property, excepting inheritance in land. 
 He also took cognisance of quarrels, af- 
 frays, and abusive language. 
 
 That this last should form an object of 
 investigation by so high a tribunal, may 
 seem odd to the European, who is unac- 
 quainted with the prejudices of the natives. 
 The more respectable among them cannot 
 bear abuse, particularly of their relations. 
 I have known an instance of a respectable 
 native having resigned a Very lucrative and 
 responsible situation, because the head in 
 office gave a free scope to his tongue. The 
 punishment of this crime was severe under 
 the native Governments, and it is still taken 
 notice of by our Magistrates, and punished 
 by fine and imprisonment. 
 
 The Daroga Adawlut Dewanee, was the 
 deputy of the Dewan^ and judge in all cases 
 of landed property. 
 
 ■im, ^^vThe 
 
STATE OF INDIA. 145 
 
 The Foujdar was the officer of police, 
 and judge in all crimes not capital. In 
 capital crimes the proofs were taken be- 
 fore him, and sent to the Nazim for his 
 sentence. 
 
 The Cazee was the judge of all claims of 
 inheritance and succession ; he performed 
 the necessary Mussulman ceremonies, at 
 weddings, births, funerals, &c. -^ 
 
 i The Moohtesib had the cognisance of 
 drunkenness, of the vending of spirituous 
 liquors, and of weights and measures. 
 
 The Mooftee was the expounder of the 
 law, and he as well as the Moohtesib assist- 
 ed the Cazee in his court. 
 
 The Canoongoes were the registers of 
 lands. They had no authority exceptitig 
 when causes were referred to them by the 
 Nazim^ the Dewan, or Daroga Adawlut. 
 
 VOL. i. L The 
 
146 CONSIDERATIONS ON THE 
 
 The Cotwal was the peace-officer of the 
 night. :& ^i.; j,. -^ife'-id^ '^dT 
 
 • There were thus three courts for the de- 
 cision of civil suits ; but these courts were 
 very irregular, and interfered not only with 
 each other, but with the criminal courts. 
 The court of the Nazim was merely nominal. 
 The most regular and best conducted was 
 said to be the court of the Cazee and Moqf- 
 tees. If they were not unanimous in their 
 opinion, the cause was referred to a general 
 assembly. This had its uses in preventing 
 hasty or corrupt decisions, acting as a check 
 upon the members of the court. But many 
 obstacles were thrown in the way to prevent 
 the frequency of these appeals. .. ^H 
 
 The great defect complained of under this 
 system for the administration of justice, (sl 
 defect which, I am sorry to say, remains to 
 this hour), was the want of subordinate ju- 
 risdictions, and a wider and more easy ad-p 
 
 ministration 
 
STATE OP INDIA. 14^ 
 
 ministration of justice, chiefly in civil cases. 
 The poor, and those who were at a distance, 
 had no chance of having their grievances re- 
 dressed; and the Committee were of opi- 
 nion, that *^ summary and arbitrary justice, 
 ^^ or even no justice at all, would be pre^ 
 ^^ ferable in its eflFects to the existing sys- 
 ^^ tern, which called the labourer from the 
 ^^ end of th© Province, to wait the conveni- 
 *^ ence of the rich or litigious, through a 
 " long and expensive process/' 
 
 This want is still much felt, and can only 
 be remedied by a Court of Circuit, for small 
 debts and disputes, held in the villages, by 
 the Register or Assistants of each district. 
 These proofs being found on the spot, and the 
 parties and witnesses at hand, the decisions 
 would be rapid, and the example immediate. 
 These courts might try on the spot, all cases 
 which a Register is competent to try, and 
 which exceed the sum to which the power 
 of the Moonsifs (or native Commissioners) 
 ^iiiiUUi^m L, 2 is 
 
148 CONSIDERATIONS ON THE 
 
 is limited. They might be constituted cri- 
 minal as well as civil courts, and might have 
 cognizance of petty offences, with a power of 
 punishment, the limits of which experiment 
 might determine. The information collect- 
 ed by the Register and Assistants during 
 their Circuits in the several villages would 
 be of much use to Government. 
 _ • 
 
 By the orders of Council passed in No- 
 vember 1780, most of the above regulations 
 were re-enacted, and several new ones 
 formed. 
 
 The Sudder Court had the power given 
 them which they now possess, of suspend- 
 ing the Provincial Judges from their offices, 
 and reporting their conduct to the Gover- 
 nor in Council ; and the different Judges 
 ^nd Magistrates were enjoined to obey their 
 orders, and to conform to their regulations, 
 which were to be passed under Seal of the 
 Court, and signed by the Judges and Regis- 
 
STATE OP INDIA. 149 
 
 ter. The Judges of the Sudder Dewany 
 Court had the appointment and removal of 
 their native officers, without any interfe- 
 rence. --'I 
 
 Where it is otherwise, no office can be 
 well managed, and this is of more import- 
 ance than is generally supposed ; for in all 
 eases of dismission where an appeal lies 
 open for the person dismissed, the cunning 
 of the natives, and the unavoidable press of 
 business, will cause delay and misrepresen- 
 tation ; and the excellent effect of imme- 
 diate example will in all cases be lost. AH 
 Magistrates should have an absolute power 
 over the officers employed under them, 
 whose appeal should only be heard when 
 they allege a corrupt motive on the part of 
 the Magistrate as the cause of their dismis- 
 sion, t.^^:' 
 
 In I78I, further regulations, containing 
 
 >ery little new matter, in the Criminal De- 
 
 *^^ * I. 3 partment, 
 
I5Q CONSIDERATIONS ON THE 
 
 partment, were passed, and a new arrange- 
 ment of the Provincial Courts, increasing 
 their number, and confining their jurisdic- 
 tions, was made — a Table of Fees was or- 
 dered to be hung up in the Kutcherry (or 
 Court), a practice discontinued in latter 
 times. 
 
 No* fee could be demanded upon ap- 
 peals. 
 
 In the present and former state of Ben- 
 gal, and considering the disposition of the 
 natives, the propriety of such an order 
 might be justly questioned ; and in later 
 times this practice was wisely discontinued. 
 Where thie jurisdiction is small, and the 
 course of the law clear and well known, ap- 
 peals may with great propriety be encou- 
 raged. But, in the present state of that 
 country, the price of justice cannot be raised 
 too high to the litigious appellant. ^*^a ^ J ^ 
 
 In 
 
STATE OF INDIA. 151 
 
 In the regulations passed that year a full- 
 er detail of the process to be observed in 
 civil suits is given, and the forms minute- 
 ly explained. 
 
 In the same year, the heads of the Pro- 
 vincial Courts, who had formerly been styled 
 Collectors, Superintendants, Sec, were or- 
 dered to assume the tMe of Judges of their 
 respective Courts : and one Judge was al- 
 lowed to constitute a court in the Sudder 
 Dewany Adawlut. 
 
 The Judges were continued in the exer- 
 cise of their powers, in the appointment of 
 all officers, save the Nazirs, Naib (or She- 
 riff's Deputy), and the Mirda, or Head of 
 the Peon&, with the establishment of the 
 peons under him. The office of the Nazir^ 
 and of the servants employed under him, 
 with the removal of these servants at plea- 
 sure, ought always to constitute a separate 
 department, and was very properly entrust- 
 
 l4 ed 
 
1 52^ CONSIDERATIONS ON THE 
 
 ed to its own head, tlie Nazir, When the 
 Magistrate interferes with the Nazir' s ap- 
 pointment of his own officers, he cannot, 
 with so much justice, blame him when the 
 duty is ill performed. 
 
 The Civil Courts were strictly forbidden 
 any interference in criminal matters, except 
 in cases of contempt in open court, or per- 
 jury. In these cases, -the practice was to 
 take the depositions of the witnesses in the 
 Civil Court, and to make over the proceed- 
 ings and offender to the Foujdaiee or Cri- 
 minal Court. 
 
 " The court of Sudder Deiv'any Adawlur 
 have always had the power of hearing any 
 original complaint to which the Provincial 
 Judges may not have chosen to attend, and 
 may send the same back for the cognizance 
 of the Provincial Judge, with an order for ^ 
 investigation. This Court may confirm or 
 reverse, wholly or in part, the decisions of 
 
 the 
 
STATE OF INDIA. 153 
 
 the Provincial Judges in civil suits, may re- 
 mit them for trial de novOy and may pass 
 what other orders seem to them proper, de- 
 creeing costs to either party, as circumstan- 
 ces dictate. 
 
 The Regulations, up to this date, were 
 translated by Mr. William Chambers, and 
 printed at the Company's press in l/Sl and 
 1782. In 1783, the regulations were tran- 
 slated into Bengalee by Mr. Duncan. These 
 were reprinted with the original English in 
 1785, and a Supplement was added. 
 
 The regulations hitherto enacted, having 
 been submitted to the Court of Directors, 
 were, for the most part, approved of. Some 
 alterations were made, and the whole code, 
 adapted to • the system so approved, was 
 passed by the Governor- General in Council 
 in June 1787- 
 
 ^j ^iix)m?^' I jSnd 
 
154 CONSIDERATIONS ON THE 
 
 •" I find it is very difficult, in tracing the 
 progress of our Indian Courts, and enume- 
 rating the different regulations made for 
 their guidance, to separate entirely, as I had 
 intended, the Civil from the Criminal pro- 
 visions. The regulations for 1772, and 
 1781, include both departments. I have 
 enumerated the leading points in the Civil 
 Regulations, up to 17^7, which appear to 
 me to be at all connected with the subject 
 in hand, by their general influence in facili- 
 tating the administration of justice. I shall 
 now take notice of the orders more particu- 
 larly connected with the subject of police, 
 and the punishment of crimes. 
 
 In Mr. Colebrooke's Digest will be found 
 an extract of a letter from Mr. Warren 
 Hastings, then President of the Council, 
 dated July 1/73, in which the insufficiency 
 of the existing laws for the suppression of 
 Dacoity is clearly set forth, and improve- 
 ments suggested ; the principal of which are 
 ,«nonsi|ii that 
 
STATE OP I^NDIAr - 155 
 
 that greater severity should be shewn in the 
 punishment of the crime of Dacoity^ by im- 
 mediate example, and by making slaves of 
 the families of Dacoits : T\\?ii the lands of 
 the Thannadars and Paicks should be re- 
 stored : That Government should have the 
 right of interference in the sentence passed 
 by the Nazim, by increasing, by diminish- 
 ing, or commuting the punishment: That 
 the niceties in the Mussulman law, particu- 
 larly the distinction between murders com- 
 mitted by an instrument of bloodshed, and 
 by other weapons and methods, should be 
 dispensed with. In 1774, .the President 
 farther recommended, that Foujdarsy or po- 
 lice-officers, should be appointed in the 
 different districts. He adverts to the evil 
 effects of the farming system, and to the 
 too great minuteness in the details of busi- 
 ness in our Courts. These are subjects of 
 great interest, and shall be hereafter attend- 
 ed to. The description given by Mr. Has- 
 < TINGS, of the race of Dacoits, and their oc- 
 ji cupations, 
 
156 CONSIDERATIONS ON THE 
 
 capations, has been noticed in another 
 
 ""'^'1775, the great Criminal: Cbiit-llff'dr 
 Nizamut Adawlut^ was removed from Cal- 
 cutta to Moorshedabad, that it might be 
 Tinder the more immediate superintendence 
 of the Naih Souhah, Newab Mobarick- 
 ul'Dowla. '■' \ ■ ;-^ni:^rj|i^, i> 
 
 The JVaib, on his appointment, proposed 
 some arrangements, the greater part of 
 which were sanctioned by Government. 
 Among others.: ^^^ 
 
 That the Board should give a speedy 
 attention and reply to his representa-? 
 
 tionS. '^ ' ■ -^UKfJ' :,^y^.ySi 
 
 That Vakeels or agents should be sent on 
 the part of each Zemindar or great farmer, 
 to attend at the Kutcherri/, andgive informa- 
 tion when required. (This arrangement 
 
 Ai^iimmm> 
 
 was 
 
STATE OF INDIA. , l^Jl 
 
 was not allowed, as being too expensive to 
 the Zemindars, These, however, found it 
 necessary, and now willingly support the 
 establishment. Its uses and abuses will be 
 aftejcw^ds noticed). «^. -^ un : 
 
 That the CazeesQ.uA Mooftees should give 
 in their Sheristas (or records of office), with 
 a statement of their salaries, and should give 
 a speedy attention to orders. 
 
 That the officers of the Adawlut^ and 
 Foiydaree, should be paid by him the iVa- 
 zim. 
 
 The system of the Fou/daree (or native 
 police) under the management of the iVa- 
 zi7n, continued in force until 1781, when it 
 was done away, and the present system, viz. 
 that of making the several Judges in the dis- 
 tricts exercise the power of Magistrates, 
 succeeded it. They were, at first, only emr 
 powered to apprehend Dacoits, and other 
 
 criminals, 
 
158 CONSIDERATIONS ON THE 
 
 criminals, and to send them for trial to the 
 Daroga of the next Foujdaree Court. This, 
 however, was not to prevent the apprehen- 
 sion of criminals by these DarogasT ^' ^^^ 
 • 
 Each Magistrate was required to send 
 every month a statement of the persons ap- 
 prehended, their crimes, and an account of 
 their subsequent transmission to the Daro- 
 ga! s Court. The Newah was also requested 
 to transmit monthly statements of the num- 
 ber of persons in confinement, of those 
 committed and those released, with the 
 Futwahs (or sentences) of the Nazirrif 
 passed on their cases. 
 
 A covenanted Servant of the Company 
 was appointed to receive all such reports 
 and statements. He was termed Criminal 
 Recorder or Remembrancer. 
 
 This was an oflSce of great utility, the du- 
 ties of which now add to the load of busi- 
 ness 
 
STATE OF INDIA^ciVtUi 159 
 
 ness which oppresses the present Court o£ 
 Sadder Dewany Adawlut. ti>ii 
 
 \'li'\mut '■-'-': ■■ ■ ■ ' '■ ''^ fi .jv^rr^f^ 
 In 1787^ many of the former regulations 
 were re-enacted, and a more full and detail- 
 ed system for the guidance of the Magistrate 
 was passed, and approved by the Governor- 
 General in Council. 
 
 The Regulations which follow are, with 
 very few alterations, those of the present day. 
 The attention of the young Civilian ought 
 therefore to be more particularly directed 
 to them. 
 
 The jurisdiction of each Magistrate was 
 now marked out. The oath of office to be 
 administered, was given. Their duty was 
 still only to apprehend criminals. They 
 were ordered to send the Dacoits^ and other 
 great offenders, to the next Foujdar^ but 
 were permitted to hear and to determine, 
 without reference to the Foujdaree Courts, 
 
160 C0NSID1SRATIONS ON THE 
 
 all complaints for petty offences, and to pu- 
 nish, by fifteen stripes, or fifteen days im- 
 prisonment. Under these regulations they 
 tried petty thefts also. The words of the 
 regulation specifying only their inability to 
 try '' all crimes subjecting the party to 
 ^^ higher punishments" seemed to permit of 
 this interpretation. The power of trying 
 petty cases of theft was afterwards given 
 them in 1792. In cases of litigious com- 
 plaint, they were also permitted to inflict 
 punishment within the limits above men- 
 tioned, or to fine, to the amount of fifty ru- 
 pees from a man of the lower ranks, or two 
 hundred from a Zemindar or person of con- 
 sequence. 
 
 All complaints, with the orders passed 
 upon them, were to be recorded by the Ma- 
 gistrates in Persian and English, and au- 
 thenticated copies were ordered to be sent 
 monthly to the criminal Remembrancer. 
 
STAT^ dip INDIA. 161 
 
 The Magistrates weV'e*n61: allowed to de- 
 tain criminals more than two days, i^ave 
 when the sentence had' been passed oii 
 them. ..> ,..L),. 
 
 The Magistrates were ordered to inspect 
 the jails once in each month, and pay at- 
 tention to the health and cleanliness of the 
 prisoners. 
 
 ' As all British subjects were amenable to 
 the Supreme Court, the Magistrates were 
 ordered to apprehend such as might be 
 guilty of criminal acts, and having made a 
 short and summary inquiry, to send them 
 under a guard to Calcutta. 
 
 The Darogas of the Foujdaree Adawluts 
 were declared independent of the Magis- 
 trates, and entirely under the controul of 
 the Naih Nazim Mohumud Rezza Khan. 
 These Darogas were ordered to furnish 
 monthly reports of the proceedings at large, 
 '^voL. I. M in 
 
162 CONSIDERATIONS ON THE 
 
 in each case, separating the lesser com- 
 plaints, on which they themselves had pas- 
 sed sentence, from the weightier cases, re- 
 quiring the attention of the Nazim, and his 
 orders ; also to send all accounts of diet 
 and jail charges, returns of goods in the 
 Mai Khana (or house for keeping stolen 
 property), with a report of casualties, and 
 every other necessary information. 
 
 The Darogas were ordered to send month- 
 ly lists to the Magistrates, of the prisoners 
 under their charge, — the sentence passed 
 on each, — the crimes of which they were 
 guilty, — the deaths, escapes^ removals and 
 dismissions, — lists of the causes tried by 
 them, and by the Nazim, with the futwahs 
 of the latter,— and to report the number of 
 persons under charge for trial, with separate 
 lists of those received from the Magistrates. 
 The forms of all these reports will be found 
 in Mr. Colebrooke's ^' Digest" of the 
 Regulations. 
 
 It 
 
; STATE OP INDIA. 163 
 
 '^It was ordered, that separate divisions 
 should be made in the jail for prisoners un- 
 der sentence and those under trial, and that 
 separate jails should be built for the former. 
 Estimates of these were ordered to be for- 
 warded to the Magistrates. .i.^r. 
 
 ... ■^. «^ 
 
 •iiiOThe Darogas and other officers tvere or- 
 dered to be appointed by the Naib Nazim ; 
 they were to hold court all the year round, 
 at least three times in the week, 
 
 mifWhe Magistrates were directed to send 
 monthly accounts of all disbursements in 
 
 i* their establishment, with vouchers, to the 
 Remembrancer of the Criminal Courts. 
 
 The Naib Nazim was ordered to corre- 
 spond with the Governor-General and the 
 Criminal Remembrancer, on all subjects 
 connected with his office. 
 
 X J 
 
 UU- 
 
 M 2 -^yoicti^Uigi^^In 
 
164 CONSIDERATIONS ON THE 
 
 In 1790, the existing Regulations were 
 again revised, and additional provisions 
 made in the Criminal Department. Up to 
 this date, the great responsibility in con- 
 ducting the details of police lay with the 
 native Magistrates, and with the Zemin^ 
 darsy subject, indeed, to a partial but insuf- 
 ficient 'check, by the Collectors, Superin- 
 tendants or Judges. The insufficiency of 
 this arrangement was now set forth, and 
 supported by proofs of repeated instances 
 of Dacoity and murder, and the following 
 new arrangements and orders were made 
 and passed. 
 
 The Foujdary Jurisdiction was now placed 
 in the hands of the Judges, who were sworn, 
 each as Magistrate of his district, to admi- 
 nister faithfully the duties' connected with 
 his office. They were commanded to appre** 
 hend all murderers, robbers, house-breakers^ 
 thieves, and other disturbers of the peace; 
 
 :^ u^ (^— >iiu u and 
 
STATE OP INDIA. 165 
 
 and after making the necessary inquiries, and 
 conducting the investigation according to 
 the forms detailed below, they were to 
 commit them to stand trial before the Courts 
 o£ Circuit, to take bail from them, or to 
 keep them in confinement* 
 
 The form of procedure was this : The 
 complaint being made, and oath adminis- 
 tered to the complainant, a warrant, under 
 seal and signature of the Magistrate, was 
 issued for the apprehension of the person 
 accused. 
 
 This warrant contained the offence 
 charged against him. On his appearance 
 he was examined without oath ; after which 
 the examinations of the complainant and 
 witnesses were taken upon oath. All the 
 proceedings were recorded in writing. If 
 it appeared a groundless charge, the party 
 was acquitted, and dismissed by the Magis- 
 trate. If proved to his satisfaction, the 
 M 3 criminal 
 
166 CONSIBERATIONS ON THE 
 
 criminal was held to bail, except in charges 
 of murder, robbery, theft or house-break- 
 ing. The power of punishing smaller of- 
 fences by fifteen stripes, or as many days 
 imprisonment, was continued ; also the 
 punishment of false complaint. 
 
 Notice was ordered to be given by the 
 Magistrates of the approach of the Courts 
 of Circuit, and the date of their intended 
 arrival at the station. These notices were 
 to be sent to the villages, and there hung 
 up. They ordered the attendance of all 
 persons on bail, of all prosecutors, witnes- 
 ses, and others required at the trials. ''^ ' 
 
 The Magistrates were directed to have 
 in readiness lists of the different criminals 
 in confinement, on bail or otherwise, with 
 the depositions of the witnesses, prosecu- 
 tors, and all other necessary papers, includ- 
 cluding also all persons discharged by them. 
 
 n.f..,h.. ^ : ^^^ 
 
STATE OF INDIA. 167 
 
 The prisoners in jail were now ordered to 
 be distributed into separate classes, and 
 separate apartments were ordered for those 
 who were under sentence of death, — those 
 sentenced to imprisonment by the Courts 
 of Circuit, — those committed to take their 
 trial before the Circuit — and those senten- 
 ced for petty offences biy the Magistrates. 
 
 Some new forms for lists and returns 
 were given. 
 
 Four Courts of Circuit were established, 
 ^ — three for Bengal, and one for Behar. 
 The province of Bengal was divided into 
 three jurisdictions, subject to these Courts; 
 and these were called the Divisions of Cal- 
 cutta, Moorshedabad, and Dacca. The 
 Court for Behar was denominated the Court 
 for the division of Patna. Under the Cal- 
 cutta division were placed the districts of 
 Nuddea, Beerboom, RamghuF, Burdwan, 
 Midnapoor, the Salt districts of Tumlook, 
 ^1 M 4 Hedgelee, 
 
168 CONSIDERATIONS ON THE 
 
 Hedgelee, &c., the Twenty-four Pergun- 
 nahs (including Hoogly), the district of 
 Jessore, and that part of the district of 
 Calcutta not under the Supreme Court. 
 
 Under the Moorshedabad Circuit were 
 placed the district of the city and Zillah 
 of Moorshedabad, Bauglipore, Rajeshaye, 
 Purnea, Dinagepoor, Rungpoor, and that 
 part of Cooch Behar which is independent 
 of the Rajah. . ^ rr 
 
 The Dacca Division included the city 
 and Zillah of that name, Silhet, Dacca 
 Jelalpore, Momensing, Tipperah and Chit- 
 tagong. 
 
 The Patna Division contained the city of 
 * Patna and Z?7/«A of Behar, with Shahabad, 
 Sarun and Tirhoot. 
 
 Two Civil Servants, attended by a Cazee 
 and Mooftee^ constituted a Court of Circuit 
 
 in 
 
STATE OP INDIA. 16& 
 
 in each division. To each Court was at- 
 tached a register, and occasionally an assis- 
 ant; to all these was administered the oath 
 of office. The Cazees and Mooftees were 
 appointed, and only removable by the 
 Governor-General. The appointment and 
 removal of the Moonshees and other native 
 officers was more properly given to the 
 heads of the Court, who alone can be suppo- 
 sed to be acquainted with the character and 
 conduct of their own officers. 
 
 Two general jail deliveries were appoint- 
 ed to be held in each year. On the first 
 circuit, the Judges set out on the 1st of 
 March,— the second commenced the 1st of 
 October. The fixed residence of the Cir- 
 cuit Judges was to be at their respective 
 head stations, of Calcutta, Moorshedabad, 
 Dacca, and Patna ; and there the trials of all 
 persons for crimes committed within these 
 cities were conducted. 
 
 The 
 
170 CONSIDERATIONS ON THE 
 
 The procedure in all trials before the 
 Court of Circuit was as follows : The charge 
 against the prisoner was read, with his an- 
 swer or confession ; the evidence for the 
 prosecution was then gone through ; after 
 which the defence of the prisoner, with such 
 witnesses as he might call, was heard ; a re-: 
 cord was made of all proceedings ; and at the 
 foot of this record the Cazee and Mooftee 
 gave the futwah or sentence of the lavr. 
 T\\hfutwahy if consonant to natural jus-^ 
 tice and the Mohammudan Law, was ap- 
 proved by the Judges and sentence was pas- 
 sed, except where the punishment extend- 
 ed to perpetual imprisonment or death. In 
 these cases, Persian and English copies of 
 the proceedings were sent to the Nizamut 
 Adawlut^ and the Court of Circuit were or- 
 dered to wait their determination. The 
 warrants of the Court of Circuit and Niza- 
 mut Adawlut were carried into execution 
 by the Magistrates at their respective sta- 
 tions. , . 
 
STATE or INDIA. 171 
 
 In all cases of murder, that part of the 
 Mohammudan Law, which permitted the 
 relations of the persons slain to pardon the 
 criminal, was dispensed with. The Judges of 
 Circuit were ordered to visit the jails at 
 each station, and issue such orders as they 
 might judge proper respecting them. They 
 were to report all instances of misconduct 
 on the part of the Magistrates, and to sub- 
 mit to the Nizamut any propositions for 
 the trial of prisoners, or improving the ge- 
 neral police of the country. 
 
 In a difference of opinion, the Senior 
 Judge had the casting vote. In sickness, or 
 other occasional absence of one Judge, it 
 was competent for the other to hold the 
 Court. 
 
 The Nizamut Adawlut was now removed 
 from Moorshedabad, and established in Cal- 
 cutta. The Court consisted of the Gover- 
 nor-General and Council, assisted by the 
 
 Caxee- 
 
122 CONSIDERATIONS ON THIC 
 
 Cazee-ul-Cuzat (or Head Caaee,) and two 
 Head Moo/fees. 
 
 This court exercised all the powers of the 
 Naib Nazim, The law was, however, de- 
 clared by the Cazee and Mooftees, and ap- 
 proved by the Court. An official Register 
 was appointed to conduct the business of 
 the Court. The oath of office was adminis- 
 tered to the Register, and to the other offi- 
 cers of the Court. The doctrine of Yoosuf 
 and Mohummedy which demanded proof 
 of a criminal intention, was ordered to re- 
 gulate the opinion of the Mooftees and C«- 
 see,in,stead of that of udbooHunee/ee, which 
 required proof of the employment of an in^ 
 strument of blood ! Wherever a case <ic/ 
 curred in which a condemned criminal was 
 deemed a proper object of mercy, the pro- 
 ceedings were ordered to be submitted to 
 the Governor-General and Council, with 
 a recommendation of pardon, or other mi- 
 tigation of punishment. " • * 
 
 The 
 
STATE OF INDIA. 173 
 
 The Court was ordered to take cogni- 
 zance of all judicial matters, and the gene- 
 ral state of police throughout the country, 
 thus becoming at once a Court of Appeal 
 and Board of Police. 
 
 These are two very arduous duties, the 
 perfect discharge of either of which would 
 demand the individual attention of a court. 
 The impropriety of this arrangement will 
 be discussed hereafter. 
 
 In the Court of Nizamut, the form of pro- 
 cedure in criminal trials was this : The Ca- 
 zee^ul'Cuzat and Mooftees attended three 
 times a- week, or oftener, if required. Per^ 
 sian copies of the proceedings in referred 
 trials were given to them by the Register > 
 and they recorded, signed and sealed their 
 opinion, confii'ming that of the Provincial 
 Court, or differing from it, as might seem 
 to^thc^ proper. These proceedings, at the 
 next meeting of the Courts were submitted 
 
 .^ to 
 
124 CONSIDERATIONS ON THE 
 
 to their revisal; and, after perusing the pa- 
 pers of the Court of Circuit, the futwahs 
 of the Provincial Cazee or Mooftee, and the 
 opinion of the Cazee-ul-Cuzat, and the 
 two Head MoofteeSy final sentence was pas- 
 sed on the case, and the warrant issued 
 through the Court of Circuit to the Magis- 
 trate of the Zillah for execution. 
 
 In all cases where the prisoner was sen- 
 tenced to lose his limbs, the sentence was 
 ordered to be commuted for imprison- 
 ment. 
 
 In 1791, the reference to the heir of the 
 deceased, in cases of murder, was dispensed 
 with, and the Nizamut Adawlut were or- 
 dered to pass sentence of death, instead of 
 granting to the heir the Deeyut or price of 
 blood. .i 
 
 In 1792, the Magistrates were permitted 
 to try and punish by thirty stripes, or one 
 
 month's 
 
STATE OF India; 175 
 
 month's imprisonment, all cases of petty 
 theft. 
 
 This year it was ordered that ^he refusal 
 of the relations to prosecute should no long- 
 er be considered as a bar to the prosecution, 
 in which the court were ordered to proceed, 
 as in cases where there was no heir. It was 
 likewise ordered, that the religious preju- 
 dices of the witnesses should no longer be 
 considered. 
 
 In May 1792, some alterations took place 
 in the forms and lists required from the Ma- 
 gistrates, and a few additional rules were 
 passed and forwarded to them. Up to this 
 date, the warrants in all cases had been sent 
 to the Nizamut Adawlut^ wij;h a certificate 
 of the execution of the sentence, indorsed 
 by the Magistrate. It was now required, 
 that those only in capital cases should be 
 transmitted ; the rest remained in the office 
 of the Magistrate. ;^^i i ^^ tfX^^ 
 
1^6 CONSIDERATIONS ON THE ' 
 
 In June 1792, a reward of ten sicca ru- 
 pees was ordered to be paid on conviction 
 of those who should apprehend a Dacoit. It 
 is generally considered, that this order gave 
 rise to the practice of Goindugee or Espi- 
 onage^ as a profession. The Magistrates 
 were also ordered ta pay a sum, not exceed- 
 ing five rupees, to each needy convict who 
 should be discharged after suffering six 
 months or upwards of confinement. It 
 would have been better, had this order in- 
 cluded the lesser offenders. Those whom a 
 want of the means of livelihood has tempt- 
 ed to commit their first crime, and who, 
 after their short confinement of a month, 
 will now find it doubly difficult to gain an 
 immediate subsistance, are the fittest objectff 
 ofs uch charity. 
 
 In September 1792, an allowance of two 
 
 anas a-day (about four pence) was made to 
 
 all prosecutors and witnesses attending the 
 
 Court of Circuit, 
 
 i 1 Itt 
 
STATE OP INDIA. 177 
 
 In October 1792, the impediment afforded 
 to prosecutions for murder by the Mussul- 
 man Law, in cases of minority in the next 
 heir, was removed ; and these were ordered 
 to be tried as cases where no heir is to be 
 found. 
 
 In December 1792, several new regula- 
 tions, for the police of the Provinces, were 
 passed, which will be found of the greatest 
 importance, effecting a total chajge in one 
 of the principal means by which the police 
 of the country was managed, viz. the influ- 
 ence of the Zemindar. In these regulations, 
 the insufficiency of the clause (in the en- 
 gagements of the Zemindars) by which they 
 were ordered to produce the criminals and 
 the plunder, is clearly set forth. The police 
 was accordingly thereafter declared to be 
 solely invested iq the hands of Government 
 and of its servants; and in their hands 
 it now remains. The following Regula- 
 
 voL. I. N tions. 
 
178 CONSIDERATIONS ON THE 
 
 tions, with very few changes, describe the 
 present forms of procedure. io hj^ 
 
 All officers entertained by the Zemin- 
 dars were ordered to be discharged. Each 
 Magistrate was ordered to divide his district 
 into Police Jurisdictions, each often square 
 Coss (or twenty square miles), to be super- 
 intended by a Daroga, and other officers 
 under him. Each Daroga was obliged to re- 
 side in a convenient place in the middle of 
 his district ; each district to be numbered 
 and named, and no change to take place 
 without the sanction of Government. The 
 Magistrates were allowed to nominate and 
 fill up vacancies among the Darogas^ but 
 
 were not allowed to remove them without 
 the consent of the Governor- General and 
 Council. The power of the Magistrate over 
 his Darogas is, by this half measure, great- 
 ly weakened ; for those whom Government 
 will not entrust with the power of removing 
 
 their 
 
STATE OF INDIA. l^S 
 
 ■ their Darogas are not likely to be much re^ 
 spected by these officers. 
 
 Persons having charges against any one 
 for Dacoityy theft, or any other crime cog- 
 nizable by the Criminal Courts, are allowed 
 to prefer them, in the first instance, before 
 the Daroga, The Daroga shall apprehend 
 the person accused. In cases of weight, he 
 shall send him, withm twenty-four hours, to 
 the Magistrate. In cases where the Magis- 
 tmte can pass sentence, the Daroga shall 
 take security for his appearance before the 
 Magistrate on a specified day ; or, failing his 
 ability to give security, he must send him 
 before the Magistrate within twenty-four 
 hours. The Magistrate shall then proceed 
 against him as if apprehended by his own 
 order. 
 
 The Darogas may apprehend without a 
 
 written charge, and without issuing a writ, 
 
 any one found in the act of committing a 
 
 N 2 breach 
 
180 CONSIDERATIONS ON THE 
 
 breach of the peace, or with stolen property 
 about him. In all other cases, the charge 
 and writ were necessary. Security is to 
 be taken in all cases from the witnesses and 
 prosecutor, to attend on the day specified for 
 the attendance of the accused. 
 
 The Darogas are ordered to apprehend all 
 notorious Dacoits or robbers harbouring in 
 their districts, and to' send to the Magis- 
 trates all vagrants. The duty of the Daro- 
 gas in all cases not particularly provided for 
 was only to apprehend and forward to the 
 Magistrate. He was forbid to release ex- 
 cept on bail, or on adjustment by the par- 
 ties, and their entering a iJasee/zama (or deed 
 of adjustment). In all lesser cases, wherein 
 the Magistrate could pass final orders, the 
 Darogas were allowed to receive these 72a- 
 zeenamaSy which were to be signed by the 
 accusing party, by the accused, and by two 
 creditable witnesses. ,^ai*o 
 
4 ;4 HASTATE or INDIA. ? 181 
 
 All watchmen under the different (deno- 
 minations of PaikSy Pausbans, Chokedars, 
 DusaudSy Nigabauns or Harees, are de- 
 clared to he subject to the Daroga. He 
 was ordered to keep a register of their 
 natiies. All vacancies are to be supplied 
 by the Zemindars, who are to report to the 
 Darogas the deaths, and names of the per- 
 sons appointed to succeed. These watchmen 
 are ordered to apprehend all criminals de- 
 tected in the act of committing a breach 
 of the peace, likewise those against whom 
 the hue and cry should have been raised, 
 and all vagrants lurking about the country. 
 In failure of this, they are to be dismissed 
 from their office, and otherwise punished, 
 as the law directs. 
 
 To facihtate the speedy transmission of 
 
 information regarding -murders, robberies, 
 
 or other crimes, the Darogas are ordered to 
 
 * 
 correspond with the Magistrates and other 
 
 Darogas, and to transmit their letters by the 
 
 N 3 regular 
 
182 CONSIDERATIONS ON THE , 
 
 regular Dawk or post. When tlie Dawk 
 office is distant, they are ordered to send 
 their letters through the heads of villages 
 to the first Dawk-chokey or police office. 
 It is also permitted to the Darogas, to cor- 
 respond with the adjacent Magistrates ; and 
 to these Magistrates and the neighbouring 
 Darogas, they are ordered to convey imme- 
 diate information of any murder or robbery. 
 
 Dorogas are authorised, w^ith or vi^ithout 
 the warrant of the Magistrates, to pursue 
 criminals flying from their jurisdictions with 
 those of another Daroga or Magistrate; in 
 all cases where the crime may have been 
 committed within their own districts ; but 
 no Daroga is to take cognizance of crimes 
 committed within the jurisdiction of ano- 
 ther. On apprehending a criminal out of 
 his own district, the Daroga is ordered to 
 deliver his name, and the charge against 
 him, to u\Q^ Daroga in whose district he 
 might apprehend him ; and this notice is 
 
 ordered 
 
.^^j SJATE OF INDIA. ' 183 
 
 ordered to be forwarded by the last JDarO'^ 
 g£[ to the Magistrate. 
 
 The Darogas are allowed a commission of 
 ten per cent, on all property recovered by 
 them. 
 
 As Dacoity had been carried to a great 
 extent in some of the districts, by persons 
 possessing long narrow boats, it is there- 
 fore ordered, that all boats above the size 
 specified by Government shall be confiscat- . 
 ed ; that the Zemindars in whose districts 
 they are built should be fined, and the vil- 
 lages in which they are built, forfeited to 
 Government. AH carpenters, smiths, and 
 other artificers employed in building them, 
 ^re to be confined, or suffer corporal punish- 
 ixient. The Darogas are ordered to send a 
 Selaeehut Bohy^ or monthly report of all 
 persons apprehended, of all thefts and other 
 crimes committed, and of casualties yjith- 
 i».te^ jurisdiction, 
 b^i^ti. N 4 _ The 
 
184 CONSIDERATIONS ON THE 
 
 •The Magistrates are ordered to furnish 
 the Darogas with a Sunnud or commission 
 of office, and a Persian or Bengalee trans- 
 lation of the Regulations. 
 
 I have thus taken notice of the principal 
 regulations and orders connected with the 
 presei\t subject, as shewing the constitu- 
 tion and forms of procedure in our different 
 Courts, and the progressive improvement 
 in Police. In the year 1793, the whole 
 Code of Regulations was revised, a number 
 of additions and corrections made, and the 
 complete system in all its branches, Judicial, 
 Revenue, and Commercial, published and 
 translated. 
 
 It would be needless and tedious to give 
 an abstract of these last regulations. With 
 a very few changes, they constitute the 
 Code by which the administration of justice 
 is conducted at the present day.; and it is, 
 therefore, the duty of every Assistant to 
 
 make 
 
STATE OF INDIA. 185 
 
 make himself master of those requisite for 
 the discharge of the duties of his office. To 
 this end, he must not only peruse carefully 
 the Regulations of 1793, but follow them 
 through the different changes they have un- 
 dergone' up to the present time. In this 
 study, he will find Mr. Colebrooke's " Di- 
 ^^ gest" of great utility. Some alterations 
 have, however, taken place in the constitu- 
 tion of the Courts, which it will be necessa- 
 ry to notice. 
 
 In 1801, the Court of Sudder Deivany 
 Adawlut underwent a considerable change. 
 One Head Judge (a member of Council), 
 and two Puisne Judges, covenanted servants 
 of the Company, but not members of Coun- 
 cil, were then appointed to constitute the 
 Court. 
 
 In 1805, the appointment of the Chief 
 
 of the Sudder Court was ordered to be made 
 
 from among the Civil Servants, not mem- 
 
 >' . bers 
 
186 CONSIDERATIONS ON THE 
 
 bers of Council. This Judge, wjtb the 
 two Puisne Judges, constitute the Court at 
 the present day ; but by a late regulation, 
 the temporary appointment of additional 
 Judges is sanctioned when the press of 
 business demands it. Under the Judges 
 there is a Register, with two regular As- 
 sistants, and young men from the College 
 ai^ occasionally sent there as an interme- 
 diate school, previous to their obtaining 
 situations as Assistants or Registers. All 
 the duties of the Court under its former 
 constitution are continued. Two Judges 
 are necessary to form a Court in civil mat- 
 ters ; and, in a difference of opinion, the 
 case lies over till a third attend ; but every 
 Judge, if specially delegated by the Court, 
 may receive petitions, and pass orders 
 upon them, and also take depositions in 
 open Court. All decrees are to be signed 
 by the Judges present, when they are 
 passed. ' ... 
 
 ibd^upmi In 
 
H> STATE OF INDIA. 18/ 
 
 V In 1803, the Sudder Dewany Adawlut 
 . was invested with jurisdiction over the pro- 
 vinces ceded by the Nuwab Visier. 
 
 The Court of Nizamut Sudder Adawlut , 
 of course, underwent the same changes, be- 
 ing always held by the same persons. For 
 the dispatch of business, two additional 
 Judges have lately been appointed to assist 
 in this Court. 
 
 The Courts of Appeal and Circuit now 
 consist of three, instead of two Judges. In 
 appealed cases, two Judges are necessary to 
 form a Court ; but one Judge only proceeds 
 on the Circuit. 
 
 The Zillah Courts are now held by one 
 person, in the capacity of Judge and Magis- 
 trate of the district. The duty of Collector 
 in each district is separately performed by a 
 covenanted servant of the Company. Un- 
 der the Magistrate there is a Register, and 
 
 frequently 
 
188 CONSIDERATIONS ON THE 
 
 frequently one or more assistants. The 
 very great press of business in many of the 
 Zillahs, both in the Civil and Criminal De- 
 partments, has suggested the new appoint- 
 ment of Assistant Judges and Magistrates. 
 These possess the same powers with the 
 Judges and Magistrates, subject, however, 
 to their authority. The appointment is one 
 of high responsibility, and has, of late, 
 proved of great utility to the country. 
 
 The society at a Civil Station in Bengal, | 
 generally consists of the Judge, the Collec- 
 tor, the Assistant Judge, the Surgeon, Re- 
 gister, and Assistants to the Judge and the 
 Collector. 
 
 The officers of a Zillah Court are knowp 
 
 by different appellations in difkrent Zillahs. 
 
 . Their number also differs, but the general 
 
 constitution of a Zillah Dewany Court is 
 
 this: • -^Auki 
 
 The 
 
STATE OF INDIA, 189 
 
 j Covenanted Ser- 
 idt The Assistant Judge, f 
 
 > vants of the 
 iClThe Register, ( ^ 
 
 1 Company. 
 The Assistant, / 
 
 The Writer, a native or Portuguese. 
 
 A Sheristadar, or Head Officer. 
 
 ,^^^. A Mohajiz Sheristay or Record Keeper. 
 
 A PaishkaVy or Deputy Sheristadar. 
 
 Several Moonshees, who in different Zil- 
 lahs go by the different names of Rooba 
 Icavy novees ("proceeding writer), Zuban- 
 hundy novees (or deposition writer), Chittee 
 novees (or summon writer), Bengala no- 
 vees (or Bengalee writer). Missel khoond 
 (or proceeding reader), and many other 
 appellations. 
 
 i 
 
 A Nazir or Sheriff. 
 
 His iVaiA or Deputy. • ,., 
 
 The 
 
190 CONSIDERATIONS ON THE 
 
 The Nazir's Mirda, or head of the Peons 
 or messengers ; an establishment of from 
 twenty to forty runners, called Chuprassies, 
 who wear a badge. Also an establishment 
 of Peons or runners without a badge of of- 
 fice. 
 
 A Jailor and his Deputy, called Jail Kha- 
 na Daroga. 
 
 A Doctor and his Mate, called Tubeeby 
 more generally Dakter, 
 
 \ 
 
 Jn the JFoujdary Court, the establishment' 
 is nearly the same, but held by distinct offi- 
 cers, no one being allowed to hold a situa- 
 tian in both Courts, although at times 
 the press of business requires the assist- | 
 ance of Civil Officers in the Criminal De- 
 partment. To the Criminal Establishment 
 is added a Tazeanah or Corah Burdar, for 
 the infliction of punishment ; a Jellaud or 
 
 executioner. 
 
STATE OF rj^MAl^'^^^ 191 
 
 executioner, and occasionally some addi- 
 tional Peom. .^;^mr 
 
 The establishment at the Thannah or 
 watch-house of a Police Daroga, consists of 
 the Daroga^ his Jemmndar ot head Assist- 
 ant, and a Bukhsee, literally signifying a 
 treasurer or paymaster, but which is indis- 
 criminately used in our Courts to denomi- 
 nate those who write out lists of witnesses, 
 accounts of their diet, &c. He generally 
 conducts the Bengalee writing at a Thannah. 
 A Bukshee is also allowed to the Nazir of 
 each Court, for the purpose of keeping lists 
 of the witnesses in attendance, accounts of 
 stolen property, &c. Under each Daroga 
 is placed a body of men armed in the Hin* 
 dostanee fashion, and who act as his run-^ 
 ners. The other descriptions of persons 
 made use of by him in conducting the po- 
 lice, ha.ve been mentioned in another 
 
 There 
 
192 OCNSIDERATIONS ON THE 
 
 There is a great want, all over the coun- 
 try, of appropriate houses for the Thannahs 
 of the Daroga. They are huts of the most 
 common kind, subject to fire, and to being 
 broken open. Escapes from them are com- 
 mon, and whenever it is convenient for the 
 Daroga, we hear of a fire at the Thannah, 
 by which his papers are consumed, and the 
 stolen property, arms, &c. are lost in the 
 confusion. The expense of having them 
 all built with brick and mortar would be 
 trifling, and much knavery would by this 
 means be prevented. 
 
 For a more particular detail of these mat- 
 ters, the reader is referred to Mr. Cole- 
 brooke's ^^ Digest," and Mr. Harring- 
 ton's ^^ Analysis of the Regulations.'' -H 
 
 I shall close this Chapter with a few ob- 
 servations on those essential differences 
 which necessarily exist, and which must 
 erer exist, between the principles of Indian 
 
 and 
 
STATE OP INDIA. 1^3 
 
 and English Jurisprudence ; and these ob- 
 servations I shall endeavour to abridge and 
 condense within a few general heads, leav- 
 ing the particular details and arguments 
 which might be given under each head, to 
 be treated afterwards. This is the more 
 necessary in the present stage of this Es- 
 say ; because hereafter, details of our Indian 
 practice will be given which will be utterly 
 unintelligible, or at best furnish a subject 
 of derision to the English lawyer. Let 
 him, before he turns, this system into ridi- 
 cule, reflect, that for a long period of 
 years, it has, when eJBectually adminis- 
 tered, insured the comparative happiness 
 and security of sixty millions of men, and 
 that, duly enforced, and with a few altera- 
 tions, it will render the police of India an 
 object of admiration to those who think 
 coolly on the subject. 
 
 The present is, in the first place, a system 
 of summary justice, fettered by very few of 
 '^'VoL. i. o those 
 
194 CONSIBERATIONS ON THE 
 
 those minute, difficult, and, at times, hurtful 
 forms of law practice, which are so rigidly 
 observed in England, *^ Happy the nation,'^ 
 says Beccaria, *^ where the knowledge of 
 ** law is not a science. Nothing is want- 
 •" ing (with us in India) save plain and 
 *' ordinary good sense, — a less fallacious 
 *^ guide than the knowledge of a Judge 
 *f accustomed to find guilty, and to reduce 
 '^ all things to an artificial system borrow- 
 *' ed from his own studies/' 
 
 Our courts are courts of Equity, not of 
 Law. Our Judges and Magistrates are 
 one. The Judges often meet with cases for 
 whch the law has not yet provided. It is 
 npt so in England ; for there the law has 
 nearly arrived at perfection, whereas in 
 India it Js in its infancy. 
 
 The laws in England can alone determine 
 the punishment of crimes ; and no Magis- 
 trate can, with justice, inflict any other 
 
 punishment 
 
STATE OF INDIA. 195 
 
 punishment than that which is ordained by 
 law. i»:*»ilaiii^i| mui io *niii 
 
 In India, the laws do often lay down the 
 extent of the punishment ; but much is yet 
 left in the hands of the Magistrate, and yet 
 more in the hands of the Judges of Circuit, 
 who increase or diminish the punishment 
 according to circumstances. An Indian 
 Magistrate, if he did not often take upon 
 him to infringe the regulations^ would* be 
 laughed at by the natives. Government 
 most wisely connive at these things ; be- 
 cause they know, that an Indian Magis- 
 trate cannnot abuse this power. 
 
 The laws are supposed in England, and 
 in most civilized countries, '^ to receive 
 '^ their force and authority from an oath of 
 '^ fidelity^ either tacit or expressed, which 
 " living subjects have sworn to their So- 
 '^^vereign." . ,J.^ .._. , .. 
 
 ta^^^mmi o 2 In 
 
196 CONSIDERATIONS ON THE 
 
 In India, the natives obey from fear and 
 dread ; they are aware of, and acknowledge 
 no such compact of society. Their govern- 
 ment has been always most despotic, and 
 must not suddenly be changed in its every 
 principle. 
 
 The common opinion *^ that the spirit of 
 *^ the laws must be considered/' and which 
 is not allowed of in England, is, in India, 
 the ruling maxim with a Judge. This must 
 be the case, where the letter of the law is 
 so very imperfect as with us in India. 
 
 The principal differences between the two 
 systems, and consequently the principal ob- 
 stacles which will prevent the introduction 
 of an English Code, will be found in, 
 
 1st, The extent of our Indian possessions, 
 and consequent extent of the jurisdiction of 
 the Court of the Judge and Magistrate. 
 
 Over 
 
STATE OF INDIA. 197 
 
 Over the happiness of thirty millions of 
 people preside forty-two Magistrates. The 
 jurisdiction of each extends, on an average, 
 to more than thirty miles round the place 
 where he is situated. 
 
 2rf/y, Press of business in the two capaci- 
 ties of Judge and Magistrate. Allow that 
 each Judgeha^ the reports from twelve Than- 
 nahs or jurisdictions of police Darogas (this 
 is; a small average for a Bengal Judge) ; 
 allow that each Thannah sends him in six 
 cases of delinquency, and six prisoners each 
 day, with twelve witnesses and six prosecu- 
 tors : the examination of the papers, and the 
 first, and by far the most difficult orders, must 
 employ his morning hours. The trials of 
 criminal cases depending, or of old stand- 
 ing, fill up the day ; and he retires, at a late 
 hour, to his dinner. Many a Judge^ and 
 Magistrate is forced again to apply to busi- 
 ness after dinner, and to a late hour, leaving 
 
 o 3 only 
 
198 CONSIDERATIONS ON THE 
 
 only a few hours for that rest, which alone 
 keeps him alive in such a climate. 
 
 In the quietest ZillaJis of Bengal, there is 
 work enough to employ a Magistrate all 
 day. In troublesome Zillahs, there is gene- 
 rally enough for six Magistrates. For the 
 truth of this observation, I appeal to the ge- 
 neral arrears of business. 
 
 In the Civil Court of the last district in 
 which I served (the Twenty-four Pergun- 
 nahs), I left seventeen hundred causes de- 
 pending on my own file. Government have 
 never, I humbly trust, had occasion to ac- 
 cuse me of indolence ; and that Court had 
 nearly proved my gra^e. 
 
 3rf/y, There exists an essential difference 
 in the manner, habits and religion of the 
 two nations. Of this I shall here only men- 
 tion one instance ; for one great object of this 
 Essay is lost,if I shall not succeed in shew- 
 ing 
 
STATE OF INDIA. 199 
 
 i«g that a wide difference. exists. The in- 
 stance I allude to, is the total disregard to 
 truth among the Indians. Is this found in 
 England ? Is it found in Europe ? Is it 
 not of itself sufficient to subvert any system 
 of jurisprudence, founded, as that of Eng- 
 land is, on the implicit regard paid to the 
 testimony of witnesses ? 
 
 Athly, It is difficult, in England, to com- 
 mit a crime in a place which shall be distant 
 above a mile or two from the residence of a 
 Magistrate, and within so narrow a compass 
 the name of a Magistrate is revered ; he be- 
 comes an object of terror. In India, a cri- 
 minal may commit an offence at thirty, for- 
 ty, or fifty miles distance from the residerfce 
 of the Magistrate ; he may, through the cor- 
 ruption of his officers remain concealed, and 
 may laugh at the Magistrate. 
 
 Sthlt/, The horrid corruption of all the na- 
 tives employed under a Magistrate, forms, 
 
 o4 ^ of 
 
200 CONSIDERATIONS ON THE 
 
 of itself, a material difference. It is a glo- 
 rious reflection to think, that, in England, a 
 corrupt officer cannot escape remark and 
 detection ; but corruption, in India, among 
 natives, is common, unheeded, and unde- 
 tected. 
 
 Qthly^ Let the imperfect nature, and the 
 general ignorance of a new, and to the na- 
 tives, a most uncommon code of laws, be 
 considered. India is, perhaps, the only 
 country where we still find the '' jiLS vagum^' 
 ^^ et incognituniy^ but where it has not its 
 consequence in a ^' miser a serviius," 
 
 , 7thly^ We must also make allowance for 
 the want of a regular legal education in the 
 Servants of the Company. 
 
 Sthly^ Let us reflect on the extreme dif- 
 ference between the accused and his Judge 
 in England, and the accused and his Judge 
 
 in India. 
 
 In 
 
STATE OF India! 201 
 
 In India we have no parties, no politics ; 
 the condemnation or acquittal of a poor na- 
 tive cannot affect the Judge or Magistrate. 
 We cannot be related to the accused ; .and 
 allowing even that the Judge is corrupt, it 
 is not among wretched prisoners that one 
 would look for bribes. Not in one instance 
 out of a thousand, can any evil result from 
 an arbitrary and even despotic power being 
 vested in an Indian Magistrate. But who 
 would be an advocate for such an order of 
 things in England? 
 
 9thly, There would always be found a 
 want of a sufficient number of Company's 
 Servants to conduct the business of the 
 Courts, under all the formal restraints of an 
 English court of law; but, were the num- 
 ber of judicial servants increased, the sala- 
 ries of the present number must be dimi- 
 nished, and then, and then only, may we 
 look forward to rapacity and corruption, 
 
 such 
 
202 CONSIDERATIONS ON THE 
 
 such as, without a doubt, did once exist in 
 India, but which has long been unknown. 
 
 In a word, summary justice, and courts of 
 equity, with a very few forms, are all that 
 the natives have ever been accustomed to, 
 all which, in their present condition, they 
 want, and which alone will have the desired 
 effect. -'-''^w-^u^. \ 
 
 CHAP. III. 
 
 iiml 
 
STATE OP India; 203 
 
 CHAP. III. 
 
 ON THE CAUSES OF DELINQUENCY IN INDIA.^- 
 
 DIVillON OF THE CAUSES. FIRST CAUSE, 
 
 THE GENERAL DEPRAVITY OF THE • BRAHMINS, 
 AND OF THE LOWER ORDERS, AND THE TOTAL 
 WANT OF RELIGIOUS AND MORAL PRINCIPLE. 
 CHARACTER OF THE HINDOO AND MUSSULMAN 
 POPULATION. 
 
 JUL AviNG, in the preceding Chapter, endea- 
 voured to convey to the reader the informa- 
 tion which I conceived necessary regarding 
 the country and its inhabitants, I shall 
 now proceed with the more immediate ob- 
 ject of this Essay, to detail the causes which 
 have operated, and still continue to operate, 
 
 in 
 
204 CONSIDERATIONS ON THE 
 
 in giving rise to robbery, theft, and to many 
 other species of delinquency in our Indian 
 dominions. 
 
 In enumerating these causes, I had at first 
 intended to give them in the order of their 
 magnitude and power; but in attempting 
 the formation of this scale, I found it very 
 difficult to decide to which of the greater 
 causes I ought to give Ihe preference : and 
 as the preservation of this order did not ap- 
 pear to me of any particular moment, I gave 
 up the idea, satisfied with the following ar- 
 rangement. 
 
 In Bengal particularly, and in most parts 
 of India, the following causes accounting 
 for the prevalence of crimes, will be found 
 to exist. 
 
 1. A general depravity of manners, and a 
 want of all religious and moral principle 
 
 monga 
 
i,r STATE OF INDIA. 205 
 
 among the Brahmins and the lower orders 
 of the natives. 
 
 2. The poverty of the lower orders, from 
 the oppression of the Zemindary System, 
 and more particularly from the subdivision 
 of landed property, under the Ijarardar^ 
 Kotkinadar, and Durcotkinadars, (peculiar 
 forms of Indian lease, to be afterwards 
 fully explained). 
 
 3. The want of a superintending Board 
 of Police. 
 
 4. The insufficiency of the punishment 
 attached to the crime of receiving stolen 
 property. 
 
 5. The suffering of felons, and others who 
 may have escaped from the jail, or who may 
 have been proclaimed or summoned on for- 
 mer trials, to remain at large in tlie different 
 Zillahs. These men, from necesi?;ity, if not 
 
 from 
 
206 CONSIJDEKATIONS ON THE 
 
 from choice, must live by Dacoity and 
 theft, as they are under perpetual fear of 
 discovery, and cannot therefore obtain an 
 honest liveHhood in any profession. *' ^'^ 
 
 6. The want of employment for dis- 
 charged convicts, commonly called among 
 the natives Daghees or marked persons. 
 
 7. Evils of the Mahajuny'^ System in 
 
 some parts of the country. 
 
 ■ ^ ic^ ■ 
 
 8. Resumption of the lands of Pykes^ 
 Chokedars, and other vi^atchmen ; the bad 
 footing on which this establishment is pla- 
 ced, and the well known connivance of 
 watchmen with criminals. 
 
 9. The 
 
 . ' ip4t»- 
 
 * This system will be presently; expM' 
 
 ied;"«i 
 
I 
 
 STATE OF INDIA. 207 
 
 K,,^. The want of a fund for rewards on the 
 apprehension of criminals. 
 
 10. Want of a general, though restricted 
 system of Espionage or Goindugee, 
 
 11. Facility of acquittal, in the first in- 
 stance, before the Magistrates, but more 
 particularly before the Courts of Circuit; by 
 procuring false evidence, which the small 
 punishment attached to perjury, the difficul- 
 ty of its proof, and the total disregard to 
 truth, render easy ; and by making good 
 use of the long time which elapses between 
 their commitment and trial, and by taking 
 advantage of the niceties of the Mussulman 
 Law, and the notorious corruption of the 
 Mussulman Moluvees^ 
 
 12. Defective management of our jails, 
 where, instead of improvement and correc- 
 tion, the offenders meet with encourage- 
 ment, 
 
208 CONSIDERATIONS ON THE 
 
 ment, and the best of instruction in every 
 kind of vice from experienced teachers. 
 
 13. The hope of escaping detection alto- 
 gether, from the defects of the Police Sys- 
 tem, — the carelessness of the Magistrates,— 
 the corruption of the Darogas, and of the 
 other officers of the Courts of Justice. 
 
 14. The existence of drinking shops. 
 
 [ »» -■■;,' ■" .J ■ 
 
 15. The press of civil business, vvhfch in 
 most Zillahs ties the hands of the Magis- 
 trate, and the too minute attention to forms 
 of* business, and the details of office. 
 
 16. The indefensible nature of the native 
 houses. ^¥?# M^i^rcM 
 
 To these, many lesser causes, and many 
 occasional and temporary ones, might be 
 added : thtese I have not thought necessary 
 
 »f.r,. to 
 
STATE or INDIA* 209 
 
 to enumerate separately, they will be attend- 
 ed to In treating of the others. 
 
 First Cause. — Depravity of Manners^ SfC. 
 
 There exists a general depravity of man- 
 ners among the JBrahmins, and among the 
 lower orders a total want of religious and 
 moral principle* 
 
 We have so long been accustomed to hear 
 of the ^^ mild/' the ^^ innocent y' and the 
 ^^ injured'' Hindoo; and particularly of late 
 so much pains has been taken to make us 
 respect the character of this nation, that the 
 above position will by many be esteemed 
 untenable ; and it will be asserted, that a 
 court of justice is not the place* in which to 
 seek the character of a nation. I hope, 
 VOL. I. p however, 
 
210 CONSIDERATIONS ON THE 
 
 however, to be able to prove from other 
 sources of information, as well as from the 
 last mentioned, that those are grossly decei- 
 ved who have ascribed so exalted a charac- 
 ter to the natives of India. Nor is a court 
 of justice a source of information to be re- 
 jected ; on the contrary, I do not know of 
 many other sources from which so much of 
 the general habits and manners of the na- 
 tives is to be learned. I do not mean by 
 this, that we are to form ideas of general 
 depravity from the particular examples of 
 criminality which come before us ; but that 
 in so large an assembly of people, and in 
 the common course of business, we have 
 more opportunities of seeing the native cha- 
 racter, and under a greater variety of cir- 
 cumstances, tending to develope that cha- 
 racter, than are usually presented to us from 
 any other quarter. 
 
 * 
 We have' there an opportunity of obser- 
 ving the virtuous as well as the vicious in 
 
 the 
 
STATE OF INDIA. 211 
 
 the commuriity. The criminal whose trial 
 is going on is riot the only object of our at- 
 tention. We behold the conduct of the pro- 
 secutor and of the witnesses. And more 
 particularly in our Civil Courts, we become 
 acquainted even with the internal manage- 
 ment of their families ; we trace the exist- 
 ence or deficiency of natural affection for 
 each other ; we see the want ' of religious 
 principle, in their disregard to truth. In 
 short, there are very few situations in which 
 a native can be placed, with which we do 
 not become Acquainted in the course of bur 
 practice in the courts. 
 
 We ought, however, to be on our guard, 
 lest the daily instances of violence, fraud, 
 and iniquity which come before us, should 
 induce us to form a censorious and distrust- 
 ful opinion of the natives upon insufficient 
 grounds. Such conduct would be attended 
 with much evil. Instead of being influenced 
 by the bumane maxim of English law, by 
 
 p 2 which 
 
212 CONSIDERATIONS ON THE 
 
 which every one is esteemed innocent until 
 found guilty, we should by these means 
 esteem every one guilty till found innocent, 
 acting under a continual prejudice, which 
 would induce us to reject all evidence 
 tending to change the opinion which we had 
 formerly adopted. 
 
 The chief cause of depravity in the Ben- 
 galee character is to be found in the nature 
 of their religion. 
 
 Among all nations there has been found 
 some species of belief in a Supreme Power, to 
 appease whose wrath, or to conciliate whose 
 favour, is the first and most earnest wish of 
 the human mind, even in its rudest condition* 
 These high and peculiar duties have likewise, 
 in all nations, been devolved on a set of men, 
 whose superior purity or wisdom has at first 
 (however they may have afterwards in some 
 countries degenerated), entitled them to be 
 the expounders of the word of the Deity. 
 
 This 
 
STATE OF INDIA. 213 
 
 This order of the Priesthood must possess, 
 therefore, a very high influence in every 
 society ; and vs^hen these have once ob- 
 tained the ascendancy in spiritual matters, 
 their ambitious desire of power, finding no 
 other field for exertion, will generally be 
 found to break out in an interference in 
 temporal concerns. These observations, 
 however common, are more particularly ap- 
 plicable to the case of the Hindoos. By 
 the perusal of their Shasters we are imme- 
 diately impressed with the idea that they 
 are the work of a most ingenious and skilful 
 assembly of Philosophers, whose aim was 
 not to enlighten, but to enslave mankind ; 
 and this subje<!^tion they have eflfected in a 
 manner scarcely credible, unless by those 
 who have been accustomed to trace the ef- 
 fects of their religion on the character, and 
 the minutest actions of the natives. 
 
 ^n*^j^ 
 
 V 3 ; Although 
 
214 CONSIDERATIONS ON THE 
 
 Although the pomp and splendour which 
 attended the Hindoo Princes might induce 
 us to suppose that their power was despotic, 
 we shall yet find, that this power was sub- 
 servient at all times to the will of the Brah^ 
 mins. Innumerable must have been the 
 evils attending such a government, where, 
 in every village, and almost in every house, 
 there existed a, despotic ruler, amenable to 
 no law (for, in the hand of the Brahmins 
 lay the exposition of the law), living with- 
 out fear of God, to whom his own Shasters 
 tell him he is equal, and without respect for 
 the King, to whom they tell him he is su- 
 perior. 
 
 By following the example of their Priests, 
 the lower orders are what we now see them ; 
 and as the Brahmins have progressively ad- 
 vanced m wickedness, so have the others 
 kept pace with thems 
 
 The 
 
STATE OF INDIA. 215 
 
 The Hindoos divide their History into 
 fovLY Joags or Ages ; and their Shasters as*- 
 sert, that these Joags ^h^w a progressive ad- 
 vancement in vice. In the Suttyee Joag (or 
 Golden Age) all was purity. The life of 
 man was passed in the worship of God, and 
 in universal henevolence. After this came 
 the Trita Joag^ when sin was introduced 
 into the world, in the proportion of one to 
 four. To this succeeded the Dwcupera Joagy 
 when the mass of sin was as two to four on 
 the earth. To the Diuapera succeeded the 
 Kalee Joag, or the present age. In this age^ 
 which is thus described in the Shasters, all 
 is sin. " The signs of the Kalee Joag are 
 *^ sorrow, wretchedness, and disease. The 
 *^ people will be proud, vile, injurious to fa- 
 '^ ther and mother ; the Brahmins will he 
 ^' without knowledge of the VedaSy and will 
 *^ communicate them to others. . They will 
 *^ serve aSooc/c/^?*^, will sell animal food, and 
 '^ fbrsake all religion. In this Joag men 
 '* will regard nothing but women, and the 
 p 4 '\ pleasures 
 
fil6 CONSIDERATIONS ON THE 
 
 '^ pleasures of the table. The mixture of 
 '^ Casts will commence, and men will be- 
 '^ come entirely sinful ; they will associate 
 ** only with the low, and live among perpe- 
 ^^ tual quarrels. The rich Brahmins alone 
 *^ will be honoured, and will be called Koo- 
 *' litis. The Brahmins who lend rice to re- 
 ^^ ceive in kind will be honoured. Men 
 " will abuse their religious teachers and 
 " Gooroos, and will be constantly disposed 
 '^ to receive gifts. They will be thieves 
 " and gluttons. The rich will consider 
 ** themselves, and be esteemed by others, 
 '^ as Holy Persons. For merely wearing 
 ^^ the Poituy men will consider themselves, 
 " and be considered by others, as Brahmins, 
 ^' The women will become universally cor- 
 ^^ rupt. The Brahmins will become ser- 
 ^^ vants to the SoodderSy and will eat their 
 ** food with the lower casts. Men will eat 
 " flesh and fish, and drink spirits. They 
 " will abuse Krishnu and the Gods; and 
 ^^ only the name of the Gods shall remain." 
 
 There 
 
STATE OF INDIA. 21? 
 
 There could not possibly be a more per- 
 fect description of the manners of the pre- 
 sent day than this contains. Of the defe- 
 rence paid to the Brahmins in former times, 
 and which is almost the only feature that 
 remains of their religion, it will be necessa- 
 ry to give some account. The sentences in 
 inverted commas are translations or extracts 
 from the ASAa^^er, as published by Mr. Ward, 
 Mr. CoLEBRooKE, and others. Their au- 
 thenticity cannot be called in question. 
 
 *^ His own power, which depends on 
 " himself alone, is greater than the Royal 
 '* Power, which depends on other men. * 
 
 " The Brahmin who shall retain in his 
 ** memory the Rig Vedas, shall obtain sal- 
 ••^ vation and bliss, even if he shall have 
 ^^ slain three worlds !'' 
 
 nit 
 
 ««;6ca *1 lit i 
 
 -01 
 
218 CONSIDERATIONS ON THE 
 
 It is allowed to a Brahmin io curse even 
 the Gods; but the Shasters say he niijst 
 curse them properly, meaning according to 
 a set form.* 
 
 Stealing from a Brahmin h^ according to 
 the ShasterSj an unpardonable offence ; but 
 stealing from the Soodder, especially if the 
 offender be a Brahmin^ is a very small 
 crime. 
 
 A:. 
 
 If a person weep for another, who has 
 been killed by a Brahmin, the wretched of- 
 fender, whose only crime it was to follow 
 the dictates of nature, must perform a pe- 
 nance. 
 
 To 
 
 * The exact meaning of this I do not understand, 
 not being aware of any religion which contains forms 
 for cursing; unless, indeed, we are to believe the 
 humorous Sterne, who, in the curse of St. Ernul- 
 PHUS, gives us an elegant specimen of this science^-i ,. ,, *. 
 
STATE OF INDIA. 219 
 
 To preserve the life of a Brahmin^ lyi^^g 
 is commendable ; and the influence of this 
 last maxim is widely felt in our Courts of 
 Justice. 
 
 The Courts of Justice were in former 
 times required to take cognizance of religious 
 matters, and the breach of the doctrines of 
 the Brahmins ; and the punishments were 
 most severe, as may well be imagined, where 
 the interpreters of the law were the parties 
 injured. The legislative and executive 
 powers were then in a manner one, and 
 the evils attending such an arrangement 
 are sufficiently known. 
 
 ^^ If a man (once born) abuse or treat 
 *' with contumely a Brahmiji, or presume 
 '^ to instruct him, let burning oil be poured 
 " into his mouth and ears, or a red-hot iron, 
 " ten fingers long, be thrust down his 
 "throat.'" Thus speaks the divine law- 
 giver, the humane Menu ! 
 
 The 
 
220 CONSIDERATIONS ON THE 
 
 The Brahmins have provided very suffi- 
 ciently for the gratification of their own pas- 
 sions. The word of God, as interpreted by 
 them, permits their marrying, without in- 
 culcating the necessity of any provision be- 
 ing made for the honoured objects of their 
 choice. In many instances, in a few 
 months, or even days, he abandons his wife 
 altogether. Hence the frequent occurrence 
 of intrigue among the Brahminee women, 
 most commonly with their own relations, 
 and even with the lower orders and casts. 
 Hence also the horrid crimes arising from 
 such connexions. . fil 
 
 How often do we see the father murder 
 his daughter, on discovering the intrigue, or 
 the daughter murder the child ! Such in- 
 trigues are only disgraceful when the story 
 becomes public ; and as the publicity throws : 
 a stigma on the whole family, any member, 
 by getting rid of the obnoxious person, 
 
 thinks 
 
STATE OF INDIA. 221 
 
 thinks he does a meritorious action. Thus 
 one murder is not always sufficient. 
 
 From these causes one thousand children 
 are supposed by Mr. Ward to be murdered 
 in Bengal in the period of one month ! And 
 although he very properly expresses his be* 
 lief that the number is exaggerated, yet 
 there is every reason to believe, that the 
 crime is very frequent* The strongest rea- 
 son is to be found in a number of cases, 
 which, notwithstanding the great exertions 
 of the natives to conceal them, are tried in 
 the Native Courts : and we may be certain 
 that every exertion is made to effect such 
 concealment, where, from the nature of 
 their prejudices, the wholly family suffers by 
 the discovery. 
 
 A Brahmin cannot, by the Hindoo Law, 
 . suffer death. If he steals a Soodder^ say the 
 \ . ShasterSy he is fined ; if a Soodder steal a 
 Brahmin, he is to be burnt to death ! 
 
 Another 
 
222 CONSIDERATIONS ON THE 
 
 Another mild punishment for the person 
 who should even abuse a Brahmin y was 
 spitting him, and roasting him to death ! 
 
 The Brahmins love feasting and jollity ; 
 and as they at first had no profession, it 
 was necessary that others should entertain 
 them. We accordingly find, that feasting 
 the Brahmins is universally inculcated ; and 
 it becomes not only a meritorious service, 
 but an expiation for sins. 
 
 ' ■ . •> 
 
 The respect which a Hindoo formerly had 
 for * his Gooroo or Brahmin Prie^st, and of 
 which much still remains, is very astonish- 
 ing, considering the general character of 
 these priests. The laws of the Tuntra Shas- 
 terSy which, as inculcating a less rigid and 
 austere doctrine, and pointing out an easier 
 way to heaven, have, of late, come very 
 much into fashion, are but a new branch 
 of the old tree of superstitious idolatry of 
 the Priests. Here the Gooroo is all-power- 
 ful ; 
 
STATE OF INDPA. 223 
 
 fill; and it is sufficient to have paid for 
 the receipt of a certain munter or form 
 of words, to insure the possession of pre- 
 sent and future happiness ; present happi- 
 ness, too, according to his own will and 
 inclination. All his sins are expiated by 
 the repetition of this munter. 
 
 In these last-mentioned Shasters, there 
 are munters for all professions, — all situa- 
 tions, — and all actions^ and, strange to re- 
 late,' there are mtmters for thieves, burglars, 
 and robbers, with forms of invocation to the 
 Deities for success in their schemes of plun- 
 der, as well as consecrations of their vari- 
 ous weapons. In Mr. Ward's account of 
 the worship of the goddess Kali (the God- 
 dess of Thieves^ will be found the form of 
 address to theSindkattee or instrument with 
 which the thieves bore through the wall of 
 a house ; he also gives the form of worship 
 which the thieves observe previous to their 
 committing a burglary or other theft. They 
 
 are 
 
224 CONSiJOERATIONS ON THE 
 
 are even said on some occasions to vow that 
 they will offer up human sacrifices, in the 
 persons of those whom tliey murder in 
 their depredations. These poojas or re- 
 ligious ceremonies, serve a double purpose^ 
 in giving courage and confidence to the 
 gangs, and in affording them the means of 
 setting up an alibi, in the event of their 
 being taken.* These Tuntra Shasters, as 
 themselves declare, were sent down by the 
 Gods, in compassion to the weakness of 
 mankind. The Vedas and Purannas {say 
 
 th^ 
 
 * In a case lately tried in Zillah Kishnagur, more 
 than one half of the gang set up a defence of this kind. 
 Some of them had had a poojah in their own houses. 
 The head of the ganfi^ proved, by respectably witnesses, 
 that he was present from eight in the evening till twelve, 
 at ^poojah in the house of a Brahmin, These witnesses 
 also said, that they had again seen him when ihe poojah 
 broke up at two in the morning. Between the hours of 
 twelve and two, he was seen by no one. The poojahs in 
 the houses of the other men were proved to have ceased 
 
I 
 
 AH STAl»fi 01* fNDTA. 225 
 
 the Tuntra ShastersJ^ inculcated doctrines 
 too rigid and severe, and it was necessary 
 that an easier path should be laid open, by 
 which meq might go to heaven. 
 
 The principal doctrine in these Shasters 
 is, that a confidence and reliance on the spi- 
 ritual teacher or GooroOy and on the mun» 
 ter which he gives, will purify from all sin, 
 and give the observer a place in heaven. If 
 
 *^*^£MO> in the 
 
 at twelve o'clock ; and the witnesses to the robbery and 
 murder deposed, that ft took place about one in the morn- 
 ing^. In this trial many respectable Brahmins were sum- 
 moned by the gang to give evidence in support of their 
 alibi. This may shew with what skill the plans of 
 these gangs are laid. The head of the gang, who was 
 well known, but yet suffered to remain unmolested 
 among such a crowd, in order that he might attract at- 
 tention, and procure witnesses for his alibi, distributed a 
 considerable sum of money among the singers and dan- 
 cers, and sat in the front of the crowd, il km ?& f 
 
 VOL. I. Q 
 
226 CONSIDERATIONS ON THE 
 
 the Gooroo lives in the village, his disciples 
 must visit him twice a-day : If at two or 
 three miles distance, then once a-day is suf- 
 ficient. When he meets him on the road, 
 he must bow down to him ; and when the 
 Gooroo, impelled by the pure spirit of be- 
 nevolence, pays his disciple a visit, he must 
 wash his feet, and drink the water ; but, 
 above all, he must send him away loaded 
 with gifts. 
 
 " Sic itur ad astra.'' 
 
 A more simple way to heaven will be 
 found in very few systems of religion. If 
 the Gooroos set an example of depravity, 
 what then must be the condition of their 
 followers ? for most implicitly must they be, 
 followed.* '« 
 
 The 
 
 * The following story, shewing the devoted attach- 
 ment of a disciple for his Gooroo, is somewhat abridged 
 from Mr. Ward's Book. " In the year 1804, a Brah- 
 
 mm 
 
ill STATErOP INDIA. 227 
 
 ^ The above remarks which I have made 
 on the influence of the Brahmins, are, I 
 -^«?.^ffjE?h q2 trust, 
 
 min of Calcutta was carried down to die at the river side. 
 One of his disciples, a Khaisth, went to see him. On ask- 
 ing the dying man, if there was any thing he could do for 
 him, he replied, that he wished for a lack of rupees (or 
 ^12,000). The disciple said he could not give so much ; 
 on which the Gooroo asked half a lack, which was im- 
 mediately granted. And he was asked if there was any 
 thing else he wished for ? Looking at a pair of gold rings 
 or bangles, which the disciple's son had on his wrists, the 
 Gooroo said. That he himself did not want for any thing ; 
 but that one of his sons wanted a pair of gold bangles. 
 The disciple made his son take them oft* and give them. 
 These were worth about 500 rupee?. The Gooroo was 
 again asked what he wished for ? He said. That his son 
 was anxious to have a piece of land in Calcutta. This 
 piece of land, in value 20,000 rupees, was also granted ; 
 and still the disciple continued to ask, in what way he 
 could please him ? After making a request of 5000 
 rupees (to pay his funeral obsequies), and having this 
 granted, he died," The Shasters, of which this Gooroo 
 
 was the teacher, ordain, that " he is accursed who re- 
 
 » 
 
 ceives gifts on the Banks of the Ganges ! ! " but, in 
 their lives, they are rapacious, greedy, and avaricious, 
 ajid,he shewed the ruling passion even in death. 
 " Crescit amor nummi, quantum ipsa pecunia crescitJ'^ 
 
228 CONSIDERATIONS ON THE 
 
 trust, sufficient to confirm those who have 
 not had the experience which every Judicial 
 Servant of the Company must have, in the 
 belief that the JBrahmins have every thing in 
 their power. It will now be necessary, 
 therefore, to take a view of the doctrine of 
 religion and morality which these Brahmins 
 teach and enforce by their example, and of 
 the native character which these doctrines 
 have formed. 
 
 By the division into Casts, by the strict 
 prohibitions against reading the sacred 
 books, extending to all orders except their 
 own, and by the little encouragement given 
 by the Bi^ahmins to learning of any descrip- 
 tion, they have for ages continued to keep 
 the multitude in the greatest ignorance and 
 superstition, and by these means they have 
 reduced their minds to such a situation as 
 to be easily worked upon in any way 
 they miglit choose. They well knew, 
 that if learning were encouraged, in the 
 natural order of things, some daring ge- 
 nius 
 
sTATje or INDIA. 229 
 
 nius would arise among the lower classes, 
 who would unfold to his fellow creatures 
 the nature of the Shasters, and drawing 
 aside the veil of mystery, would shew (what, 
 to be '^ detested, need only to be seen'') a 
 system contrived for their eternal subjuga- 
 tion. We accordingly find, that the Brah- 
 min is forbid by his Shasters, to teach his 
 doctrines to the lower orders ; and these last 
 are thus kept in ignorance of the first prin- 
 ciples of their religion. 
 
 The Brahmins have, however^ communi- 
 cated to them enough to secure themselves 
 a livelihood, and the honour and respect of 
 all ranks as the Priests of God. They have 
 encouraged a belief in the efficacy of a most 
 expensive idolatry, in which themselves are 
 the Oftly gainers. They have taught the 
 ftatitfeiSy that by poojahs or religious ceremo- 
 nies to the Gods, (in other words, to the 
 Brahmins^^ by the performance of expen^- 
 sive penanees, and the endowment of re* 
 '- q3 ligious 
 
230 CONSIDEKATTONS ON THE 
 
 ligious establishments, by implicit belief in 
 the orders which they may give, and by 
 reliance on their incantations, munterSy and 
 other ceremonies, their salvation is alone to 
 be obtained. 
 
 The religion they teach to the natives fe 
 a religion of outward forms, and nothing 
 more. The religious doctrines in which 
 they themselves believe^ may, indeed, be 
 pure ; but what good do they to the mass of 
 the people ? God, they say, is to be ap- 
 proached and worshipped, not ^^ in spirit 
 ^^ and in truth," but " in the blood of oxen, 
 '^ of goats, and of rams ; " and we may just- 
 ly add, that through the bellies of the Brah- 
 mins must the poor Hindoo wade to salva- 
 tion. At every religious ceremony, as ma- 
 ny of these Priests must be feasted as are to 
 be found in the neighbourhood ; and, in 
 collecting money for this purpose, should 
 the poor Hindoo reduce his own family to 
 starvation, or be induced to commit theft, 
 
 he 
 
STATE OF INDIA. 231 
 
 he is sure of being rewarded for it hereaf- 
 ter. It cannot be expected, that in this 
 essay the writer should give any thing like 
 a full account of the evil doctrines contained 
 in the Shasters; but it will be sufficient, in 
 describing the native character, to take no- 
 tice of those passages which have struck 
 him as being particularly injurious in their 
 tendency. 
 
 The doctrine of the Boudhu Sect is, that 
 nothing invisible exists; that therefore there 
 is no God ; that every thing arises from 
 chance ; and that there is no future state of 
 rewards and punishments. This sect, how- 
 ever, is not numerous ; and the belief in a 
 God is general over India. 
 
 The belief in Predestination, among the 
 Hindoos, is universal, and every action how- 
 ever bad, is unavoidable. This, it will easily 
 be seen, is an excellent refuge for the cri- 
 minal. It is the belief of the Hindoos, 
 
 Q 4 that 
 
232 
 
 CONSIDERATIONS ON THE 
 
 that on the sixth day after the birth of 
 a child, the God Vidhata comes to the 
 house, and writes on the forehead of the 
 child his whole fate. All his future actions 
 are therefore ascribed to Vidhata : Hence 
 their frequent expression, '' Vidhata wrote 
 " it, how should it be otherwise ?'' 
 
 It is thus the fate of the thief to steal, and 
 of the murderer to commit murder ; and the 
 great indifference with which a Hindoo goes 
 to execution, as well as the little repentance 
 he shews even at the foot of the gallows, 
 may be ascribed to the influence of his be- 
 lief in predestination. In one of the Shas- 
 ters it is mentioned, that the punishment 
 of death for a crime purifies the criminal 
 from all sin. I do not know whether this 
 doctrine is generally known among the Hin- 
 doos ; from their conduct, however, at the 
 place of execution, I should be induced to 
 believe that they are supported by this doc- 
 trine, and by their belief in predestination. 
 
 "No 
 
STATE OP INDIA, 233 
 
 ^^ No divine, no moralist, no man of com- 
 *^ mon sense, ever can suppose true repen- 
 ^^ tance to begin, until the criminal suppo- 
 ^* ses he has done something he ought not 
 ^* to have done, or neglected something he 
 *^ ought to have done, — a sentiment which 
 " vrould not only be absurd but impos- 
 ** sible, if the criminal believed from inter- 
 ** nal feeling, that what he had done could 
 ^^ not have been prevented/'* 
 
 Under sentence of death, one would real- 
 ly imagine, that there existed a difference in 
 the nature and constitution of mind of the 
 Hindoo. Repentance they seldom if ever 
 shew, and they do not seem even to feel 
 grief on leaving the world, f Their only 
 
 wish 
 
 *Beattie's Essay on Truth. 
 
 + On the night previous to the execution of a notori- 
 ous gang ofDacoits in Zillah KishnagUTy in 1810, 1 went 
 into the condemned hold, to see and speak to them. I- 
 found them employed in smoking their hookahs^ and tel- 
 ling 
 
234 CONSIDERATIONS ON THE 
 
 wish is, that they may be revenged on those 
 who may have been the means of their ap- 
 prehension; and we have frequent instances 
 of their giving in accusations against inno- 
 cent persons, calling them receivers of 
 stolen property, or accomplices in their 
 guilt. Thus, we often see them going into 
 the other world with a deliberate lie in 
 their mouths.* 
 
 If 
 
 ling stories. In passing the hookah^ one of the gang, 
 who was a Mussulman, refused to receive it from the 
 Sirdar or head of the gang, who was a Hindoo; on which 
 the Hindoo abused him, and laughing, asked him, what 
 would be his cast next day, and whether they would not 
 all meet in Jehunnampore (meaning hell) ? The Mus- 
 sulman then took the hookah. They all entreated me 
 to beg of the Judge that they might have kids, fowls, 
 and other things allowed them next day, in order that 
 they might have one good dinner. The following day, 
 on going to the gallows, they were with difficulty pre- 
 vented from singing indecent songs, and clapping their 
 hands, which they had begun to do. 
 
 * At Nattore, in 1808, two Dacoits being called up to 
 
 receive 
 
STATE OF INDIA. 235 
 
 If a person commit a sin in secret, by 
 which he becomes an Oopopaturce^ or even 
 a Mohapatuka (terms denoting a greater 
 or lesser degree of guilt, and which might 
 therefore embrace all crimes whatsoever), 
 he has only to repeat the munter several 
 times. Thus secret guilt is encouraged, and 
 cunning in concealment becomes a virtue, 
 as it removes the guilt of the action. What 
 wonder, then, if the Hindoo youth are edu- 
 cated 
 
 receive sentence of death, were asked if they had any 
 thing to confess. With much appearance of repentance 
 and grief they told the Magistrate, that two of their re- 
 ceivers lived in a certain village, and that stolen proper- 
 ty would be found in their houses. These men went to 
 the other world, fully satisfied in having thus taken re- 
 yenge on two innocent men ; for the two whom they 
 had named were immediately apprehended, and, on ac- 
 count of the press of business, they remained for some 
 time in jail previous to their examination. It was then 
 discovered, that they were guilty of no oilier crime than 
 that of having been the chief instruments in the appre- 
 hension of the two robbers, who had employed others 
 to put stolen property into their houses. 
 
236 CONSIDERATIONS ON THE 
 
 cated in the Spartan principle, '^ That theft 
 ** is only a crime when discovered.'^ 
 
 It has been before remarked, that lying 
 is permitted in certain cases. These, I be- 
 lieve, in the Shasters, are originally restrict- 
 ed to a few,— to save the life of aSrahmin, — 
 to appease an angry wife, — to prevent the 
 loss of a man's whole property, — and to re- 
 move scruples in amorous pursuits. The 
 number of cases in which they may now tell 
 lies is considerably increased, I should sup- 
 pose ; as the number in which they do tell 
 lies is unlimited. 
 
 A JBrahminy when in want, or wishing to 
 make offerings to the gods, may steal. 
 
 The influience of female society on the 
 morals of all nations has been acknowledgied 
 to be very beneficial ; but, as if to deprive 
 the natives of every means of improvement, 
 the' Shasters teach them to despise their 
 
 women. 
 
STATE OP INDIA. 23/ 
 
 women, and to keep them in a state of con- 
 tinued subjection and degradation. To this 
 cause mav be ascribed much of the crimina- 
 lity which we find among all ranks. 
 
 it 
 
 Women/' says Munnoo, ^^ love their 
 beds, their seats, their ornaments ; they 
 ^^ have impure appetites, they love wrath, 
 *^ they shew weak flexibility and bad con- 
 " duct. Day and night women must be 
 f^ kept in subjection." 
 
 The doctrine of the Koran is the same, 
 saving that it is more severe. Mahommed 
 was asked if the advice of women was to be 
 taken on any account. ^' Certainly," replied 
 the Prophet, ^^ ask their advice; and ha- 
 ^^ ving got it, act in direct opposition to it." 
 Thus situated, what inducement have the 
 women of India to excel in any thing 
 good ? Surely none. Consequently we find 
 that they excel in every thing that is bad. 
 
 Suicide 
 
238 CONSIDERATIONS ON THE 
 
 Suicide is allowed by the Shasters in the 
 case of Hindoo widows, of devotees renoun- 
 cing their lives on the Ganges ; and I should 
 think, by the following striking passage, this 
 permission might be very widely extended. 
 '^ A mansion, with bones for its rafters and 
 beams, with nerves for its cords, with mus- 
 cles and blood for mortar, with skin for its 
 outward covering, filled with no sweet per- 
 fume, but loaded with faeces and urine : A 
 mansion, infested with sickness and sorrow, 
 the seat of malady, haunted with the quali- 
 ty of darkness, incapable of standing long j; 
 such a mansion of the vital soul, let its oc-^ 
 cupier always cheerfully quit/' Among 
 women, and sick or old persons, this crime 
 is very frequent, ^^;,, 
 
 As there is nothing in the climate or dis- 
 position of the natives which can account 
 for the frequency of suicide, we can only 
 attribute it to the influence of such doctrines 
 
 as 
 
 I 
 
^ ^^' STATE OF INDIA. 239 
 
 — * 
 
 as the above. The Bengalee is generally of 
 a cheerful and equal temper of mind. 
 
 But of all the doctrines contained in the 
 ShasterSy that is the most dangerous, which 
 insists on an implicit belief in the efficacy 
 of the absolutions which are to be obtained 
 in this world, whether by slavish servility 
 and submission to the Brahmins, by the re- 
 petition of munters and similar incanta- 
 tions, by immersion in the holy Ganges, or 
 by the performance of penances and pilgri- 
 mages. For, as the advantages attending 
 crimes are generally great, and the tempta- 
 tion to commit them consequently strong 
 in proportion, it is evident, that if all the 
 fear of future punishments be removed by 
 an intermediate absolution, at all times easi- 
 ly obtained, no check whatever will be found 
 sufficiently strong to restrain the wicked. - 
 
 " Tolle periculum 
 " .Jam vaga prosiliet frenis natura remotis." 
 
 " He 
 
240 CONSIDERATIONS ON THE 
 
 o?df?Hethat bathes in the Ganges," say the 
 Shasters, '' is purified from all sin."* This 
 is a happy doctrine, extending its influence 
 to all the natives of India. For it is said, 
 
 that 
 
 * A certain learned Brahmin lived in adulterous 
 connexion with a Mussulman woman ! but washed away 
 his sins every morning in the pure and holy Ganges. 
 Each morning he perceived a woman, who washed a 
 piece of dirty cloth till it became quite pure. He asked 
 her the reason of this, but for two mornings the wo- 
 man made him no answer. On the third, she said her 
 name was Sundht/a, that she was his guardian deity ; 
 that through his sin she was forced to undergo this 
 drudgery ; but though in the night, by his criminal 
 amours, he became as black as the dirty cloth, yet 
 through her favour he was made perfectly clean. 
 
 On this story Mr. Ward has the following just 
 observation. The emphatic words of scripture are, 
 " Let the wicked forsake his way, and let him return 
 unto the Lord, and he will have mercy." But the 
 Hindoos are taught that it is unnecessary to " forsake 
 " their wicked way, or return to God," for sin may be 
 pardoned and washed away while the sinner is going on 
 in kis trespasses. 
 
I 
 
 .>^| STATE OP INDIA. 241 
 
 that he who calls on Gunga receives abso- 
 lu$on, even at 8000 miles distance. 
 
 The Shasters encourage the belief, that 
 there is no crime which may not be atoned 
 by pilgrimage to a holy shrine, or by some 
 other penance. 
 
 After a life passed in the practice of every 
 kind of concealed fraud, in the most gross 
 corruption and venality, the Baboo or De- 
 wan of the European, the Sirkar^ and the 
 various Aumilah of our Courts, frequently 
 retire to one of these holy places, to ensure, 
 by a short period of penance, a place in hea- 
 ven. This is often a most convenient place 
 of refuge for the pursued thief and robber, 
 who, at the same time that he remains con- 
 cealed from justice, wipes away the old score 
 of his offences, and comes forth with addi- 
 tional courage and faith in his protecting 
 deities, to commit a new series of crimes. 
 
 VOL. I. R . iA>The 
 
 ,«"-*'$ 
 
342 CONSIDERATIONS ON THE 
 
 The penance prescribed for telling a He, 
 is the repetition of the name of Vishnoo, 
 once for each offence. Hard penance ! 
 Thus, we rnay often observe the religious 
 Brahmin counting his beads, and repeating 
 the name of God, while under examination 
 in our courts. 4^^i^i> 
 
 Can we be surprised at the total disre- 
 gard of truth which pervades all ranks 
 among the followers of such doctrines ! It 
 forms one of the distinct features which 
 mark the character of the Bengalee, and 
 distinguish it from that of any other nation. 
 There can be very little doubt, that to the 
 Shasters is chiefly to be attributed this hor- 
 rid vice, which alone would be subversive 
 of every thing that is good. 
 
 The influence of the various filthy and in- 
 decent stories which in the Shasters are re- 
 lated of the Hindoo deities, and the immo- 
 
 '•^^ ral 
 
^ STATE OF INDIA. 243 
 
 ral tendency of the abominable songs, *«b 
 common among the natives, and which ar6 
 sung at the worship of their gods, must be 
 very great. There are no vices, however 
 bad, for which they will not find examples 
 in the history of their gods, and the lower 
 orders are taught to suppose that the gods 
 are pleased with the indecent representa- 
 tions, the improper attitudes and gestures, 
 and the licentious songs which we see and 
 hear at their poojas, - M^^^-* 
 
 It was evidently the interest of the Brah* 
 mins to insist on the advantages to be ob- 
 tained from the observance of ceremonies, 
 in which the people would naturally join 
 with pleasure, and which gratified their 
 own appetites and desires, rather than to 
 enforce the severer duties of religious absti- 
 nence and forbearance from the pleasures 
 of the senses ; in which doctrine their fol-^ 
 lowers would be few, and their power con- 
 sequently small. We see, therefore, that 
 
 R 2 all 
 
244 CONSIDERATIONS ON THE 
 
 all they have revealed of the Shasters velaiGS^^ 
 to the efficacy of poojas, and other religious - 
 feasts ; and in these they permit, and even 
 enjoin, the exhibition of every indecency. 
 
 Of late yearsy it has been taught by the 
 Tantrica Brahmins^ that the gods have now 
 become fond of the bottle, and consequently 
 spirits are offered up at their shrines. 
 Where these offerings go, it is not very dif- 
 ficult to conceive ; and I am told, that the 
 fervour of the Priests at the temple of Ka- 
 liqhaut is not a little owing to this sti- 
 mulus, mu ^ob 
 
 Kali, as before mentioned, is the Goddess 
 of Thieves ; and spirits always form a part 
 of the articles offered up to this goddess ; 
 but, as the poojas of thieves cannot always 
 be made at the shrine of the idol, and the 
 officiating Brahmin, however much he may 
 be a jolly fellow, cannot in conscience drink 
 the whole, the consecrated liquor is there- 
 ^*- fore 
 
.STATE OF INDI%^^,^; 245 
 
 fore divided amongst the gang, and, inspired 
 with it, they proceed, under the wing of their 
 guardian deity, to commit theirdepredations. 
 
 As human nature has always shewn itself 
 sufficiently corrupt, to require the enforce- 
 ment of the checks which religion supplies, 
 in order to restrain mankind, what, then, 
 must be the condition of a people, whose 
 very religion forms the basis of their vices 
 and immorality? 
 
 Eight parts out of ten, among the Hin- 
 doos, are said to be the worshippers of the 
 god Krishnu, as their patron deity ; and 
 eight parts out of ten have consequently, in 
 I'ihe history of this deity, the example of 
 every vice ; — an example which they too 
 willingly follow. But this is to be expected, 
 when the religious teachers, having no 
 head among themselves, are therefore each 
 unrestrained in the exercise of his power, 
 interpreters of the word of God, they take 
 -^lot . R 3 care 
 
246 CONSIDERATIONS ON THE 
 
 care that shall not restrain them ; and to the 
 power of God alone (if to any power), are 
 the Srahmins responsible, — aquestion much 
 disputed among them. -j^ . 
 
 The evils attending the distribution into 
 Casts have already been noticed ; but their 
 extent requires that a more particular men- 
 tion should be made of them. 
 
 As there is no intermixture of the higher 
 and lower, the more and less respectable 
 classes ; and as no one, from extraordinary 
 merit, or the possession of great talents, can 
 rise to preferment, except among his own 
 class, all hope is thus cut off to the indus- 
 trious and deserving man, of ever rising to 
 any great degree of preferment sufficient 
 to encourage him. Learning is confined to 
 the higher orders, and these, unless JBrah- 
 minsy are allowed to arrive at a very slender 
 degree of knowledge. i3 loi 3<! 
 
 Perfection 
 
STATE or INDIA. 24/ 
 
 t Perfection in arts and manufactures can 
 never be acquired, because competition in 
 the market is removed. The son, whatever 
 his disposition and genius may be, must fol- 
 low the trade of his father. A knowledge 
 of one trade cannot be brought to assist in 
 perfecting another. Ambition, which, un- 
 der proper restraints, is of the greatest use 
 among the lower orders, is in this country 
 completely checked. 
 
 Nor are these the most serious evils at- 
 tending the distribution into casts. All so- 
 cial feeling is lost. The benevolent, the 
 charitable, and the social virtues, which are 
 nourished by a general intercourse among 
 mankind, have been for ever crushed by it. 
 The selfish disposition of the Bengalee con- 
 fines his acts of charity to his own cast ; and 
 he who would, like the good Samaritan, 
 relieve the distresses of a stranger, would 
 lose for ever his rank in society. The man 
 
 r4 of 
 
248 CONSIDERATIONS ON THE 
 
 of another cast will not give ttis cup to 
 bring water, were it even to save the life of 
 a fellow creature ; and, strange to say, there 
 are instances where a dying man would ra- 
 ther part with life, than accept the service 
 of one of another cast. uon 
 
 Exclusion from cast is the greatest evil 
 that can befall a Hindoo, and in many in- 
 stances gives rise to suicide, but more fre- 
 quently to that desperation which compels 
 the outcast to the commission of robbery 
 and murder, or, where his feelings may be 
 less acute, to a life of dissipation, fraud 
 and theft. These, indeed, become necessa- 
 ry where there is no refuge for the starving 
 wretch to resort to. No other cast will 
 receive him, and he must seek to forget his 
 former happiness, amidst the scenes of riot 
 and debauchery with which the society of 
 robbers and Dacoits will supply him*uuvx 
 
 ^?»w a9?ij£iw dilj i^i^Aiiiiii ijai JciagiltetdTBe 
 
 I 
 
a VST ATE OF INDlAl«V5:cv> 249 
 
 The fear of the loss of cast is the cause 
 o£ uiQst.cases of child-murder that c^c<;air.itl 
 
 1 In the administration of justice in our 
 courts, this division into casts is a most se- 
 rious grievance. We constantly find a par- 
 tiality on the part of witnesses to those of 
 their own cast, and an unfeeling contempt 
 for all others. To save a Brahmin^ what 
 multitudes of Brahmins do we always find 
 leagued together, ready to be guilty of the 
 grossest perjury, and even glorying in it. 
 And among the lower casts, the same par- 
 tiality is to be observed. ^^ The credibility 
 ^^ of a witness,^' it is observed by Becca- 
 RiA, ^^ is certainly materially affected by 
 " his being of a different sect, as he then 
 *^ possesses not only his own prejudices, but 
 f^those of the sect to whom he belopgsnoi 
 
 Knowing well that their own power woBld 
 cease, and a better order of things succeed, 
 if intelligent men among the natives were 
 
 allowed 
 
250 CONSIDERATIONS ON THE 
 
 allowed to travel, and see the manners and 
 governments of other nations, the Brahmins 
 have strictly forbidden the Hindoos to tra- 
 vel, under penalty of losing their cast. From 
 all hopes of improvement the Hindoo is 
 thus shut out for ever, in as far as it depends 
 on the B^'ahmins. v ... *|iiii 
 
 These injunctions regarding cast are not, 
 indeed, observed so very rigidly as former- 
 ly. A very limited and partial, though most 
 beneficial, intermixture of trades and pro- 
 fessions has commenced, and, as the advan- 
 tages are evident, will probably advance. 
 Education is now no longer confined to the 
 BrahtninSf and thoseof thehigher casts. The 
 encouragement of respectable talents, where- 
 ever found, which our courts of justice, and 
 our various oflSces afford, without regard to 
 the cast of the possessor, is attended with 
 very great advantage ; and already begins to 
 evince itself that spirit of ambition and en- 
 terprise, which had been so long confined 
 
STATE OF INDIA. 2Sl 
 
 by the trammels of a selfish and uncharitable 
 religion. ...... - 
 
 mcjguperstition has been alwayis ftjuiid to 
 decline in proportion to the progress of 
 learning. The awful phenomena so long 
 employed by priests to overawe the igno- 
 rant, are found to proceed from natural 
 causes; and the introduction of printing, 
 now in its infancy among the natives of In- 
 dia, may be expected to have the most be- 
 neficial effect.* It is to be hoped, that 
 OBYbn wealth 
 
 !' :_>. ' MY^ ■ ^ 
 
 "^ We are all acquainted with the wonderful effects of 
 ihis invention on the manners of men in the 15th cen^ 
 tury. Although learning is to be found among the na- 
 tives of India, yet it is now almost entirely confined to 
 t\ie JSrahmins. The state of ignorance among the lower 
 orders is almost as great in India as it was then in Eu- 
 rope. The period is, I conceive, not far distant, when 
 the long hidden policy of the priests will be laid open, 
 through the medium of the press, to th^ public eye. 
 Until this period arrives, it would be equally bad policy 
 to remove all restraints from the press, as to interfere' 
 with the religion of the natives. 
 
252 CONSIDERATIONS ON THE 
 
 wealth will gradually be disseminated even 
 among the lower orders; and although par- 
 tial evils, and an increase even of crimes is to 
 be expected from the first effects of such 
 dissemination, yet, in the end, the merito- 
 rious, the ingenious, and the learned of eve- 
 ry cast, will obtain their share of the good 
 things of this world ; and encouragement 
 will be held out which will ensure virtuous 
 exertions for the benefit of society. ,i jiiwf 
 
 The doctrines of the Bi^ahmins will be for- 
 gotten, as they themselves fall in the esti- 
 mation of their fellow men. It will be some 
 time, however, before the natives make a 
 moderate use of their newly acquired liber- 
 ty. It will be long, before, forgetting and 
 despising a long and firmly rooted system 
 of idolatry, their minds will be prepared and 
 disposed to receive the comparatively severe 
 doctrines of Christianity, and to forsake 
 what is, in their eyes, the easy road to hea- 
 ven pointed out by their Brahmins^ on which 
 
 •H-»i#*every 
 
STATE OF INDIA. 253 
 
 every accommodation was found by the way 
 for the gratification of their appetites and 
 passions, for that straight and narrow path 
 which, according to the true religion, can 
 alone lead us to salvation. 
 
 h uXJntil the revolution now begun in their 
 habits and manners shall be perfected, any 
 attempt at the conversion of the natives 
 will, I should humbly conceive, be entirely 
 futile ; and experience, particularly of late 
 years, has shewn us, that any interference 
 with their religious prejudices, or even civil 
 customs and habits, will be dangerous in the 
 extreme. It seems, however, the sound 
 policy of the present Government to dis- 
 continue every attempt at such interfe- 
 rence.* 
 toai.,..; V That 
 
 ♦'The discussion regarding the conversion of the Hin- 
 doos, is one of too great moment and interest to be at- 
 iliempted in a cursory manner. It is interesting to view 
 the different lights in which the same subject is survey- 
 ed 
 
264 CONSIDERATIONS ON' THE 
 
 That the manners of the natives aregra- 
 dually changing, and their ideas enlarging^ 
 
 will 
 
 ed by the enthusiastic missionary and the political wri- 
 ter. Since finishing this chapter, I have been much 
 pleased with the view which Colonel Malcolm has gi- 
 ven of this subject, in his general reflections attached to 
 the Political History of India. To the ideas of this wri- 
 ter, on every point which he has discussed, and on none 
 more than the present, is much deference due ; for hd 
 possesses every requisite which a long residence in the' 
 country and an intimate knowledge of its languages af- 
 ford for the formation of a correct opinion ; " The Go- 
 vernment and all its Servants," says this writer, " have 
 not only withheld their aid from the eflbrts made to con- 
 vert the natives of India, but have, as far as depended on 
 their measures and conduct, discouraged it, upon a prin- 
 ciple, no doubt, of inspiring confidence, in which they 
 have succeeded in a degree which cannot be calculated, 
 and the extent of which may never be discovered, till the?' ' 
 charm is broken by which this great empire is held." 
 
 Situated as we are in this country, the question of the 
 
 propriety of our suffering ourselves to be impelled by a^^.^^ 
 
 religious zeal to interfere with even the most insignifi- 
 
 cant prejudices of the natives, although it ia one of the^ j 
 
 ,^,j deepest 
 
ar STATE OF INDIA, 255 
 
 will be very evident to those who have late- 
 ly been Residents at any of the great towns, 
 51 M" particularly 
 
 deepest moment, is surely of no very difficult solution* 
 The passions of men in all ages have shewn themselves 
 uncontrollable, when their religious opinions have been 
 violently attacked. As examples of the very fatal influ- 
 ence of such misguided zeal, innumerable instances might 
 be produced. But the massacre of St. Bartholomew, the 
 slaughter of 50,000 of the inhabitants of the Low Coun- 
 tries, in the reign of Charles V, as adduced by Craw- 
 ford in his " Sketches of the Hindoos," and, if instan- 
 ces more in point are wanted, the disturbances at Vel- 
 lore, and the late riots at Benares, will, I think, be very 
 sufficient proofs of the propriety of our present policy. 
 The house- tax, which was only an interference with their 
 civil usages, was yet considered by them an encroach- 
 ment too great to be borne. Although, during that heat 
 and confusion, attending on the discussion of this ques- 
 tion, regarding the conversion of the Hindoos, we cannot . 
 look for much cool argument, or unbiassed reflection, in 
 those various pamphlets which have appeared, yet I 
 would strongly recommend to the reader to peruse the 
 papeif on the subject oflndian Missionary Establish- 
 menfe/^sind the Conversion of the Hindoos, in one of^ 
 the numbers of the Edinburgh Review for 1806. I for- 
 get 
 
 .'^^^q^'^ii. 
 
256 CONSIDERATIONS ON THE 
 
 particularly in Calcutta. The Brahmin, 
 
 of whatever rank, no longer scruples to 
 
 ^^ serve 
 
 get the number : — I shall not soon forget the contents. 
 From the late English newspapers, and from the titles 
 of innumerable pamphlets which I have seen, though 
 not read, it appears to me to be in agitation to send out 
 a Bishop, and an increased ecclesiastical establishment, 
 chiefly for the purpose of forwarding the grand object 
 of converting the Hindoos. When I say that I have 
 not as yet read the host of pamphlets on this, subject, 
 and on that of the Free Trade, I do not mean to say> 
 that I am in total ignorance of the opinions of others. 
 I have read the " Vindication of the Hindoos," and 
 some of the Reverend Claudius Buchanan's Ser- 
 mons, with Notes and Commentaries. But I should 
 be extremely sorry to permit my opinions on the sub- 
 ject to Be biassed by either of these writers. I have, in 
 more than one place in this Essay, said, that I generally 
 searbn for truth in the middle, between the extremes 
 of teaied representations. I would neither yield obe- 
 dieiice to the creed of Mr. Buchanan nor of the vin- 
 dicator of the Hindoos. But as it will probably be 
 supposed, from the gloomy picture here given of the Hin- 
 doo character, that I am very much of Mr. Buchanan's 
 way of thinking, I beg in this place to disavow such 
 
 acquiescence 
 
.^^Hti^^STATE OF INDIA. 25/ 
 
 serve the rich man of inferior cast, even if 
 %^Sgoilde7i:i and many among this last cast 
 Wf>8 have 
 
 acquiescence ; excepting, indeed, in this one opinion, 
 That it is highly desirable, that it is even " an imperi- 
 ^^ ous duty" in us, to forward the design of propaga- 
 ting the Christian religion. This no good Christian 
 can doubt; and) dissenting widely from Mr. Bu- 
 chanan's " sweeping averment," that when we leave 
 ^' home, we leave our religion for ever," I shall main- 
 tain, that there are now in India many good and sincere 
 Christians, many who, as they are good Christians, 
 will not forget the meek and forbearing spirit of their 
 religion, nor preach the doctrine of coercion, to be 
 used against " these refractory subjects." I do not 
 wish the intention of this chapter on the Hindoo charac- 
 ter to be misunderstood. I have described them as I 
 found them, sunk, indeed, in vice, yet p(>ssessing virtues, 
 — virtues which, in the case of any premature attempt 
 to coerce them into Christianity, they would perhaps no 
 longer possess. I have given copious extracts from the 
 most objectionable parts of their Shasters, and have given 
 very few from the better parts. But have 1 done this 
 without thought ? No. Their passions awd natural evil 
 inclinations^ have made them select*these objectionable 
 parts as the rules of life. They are so wicked, that they 
 would do the same with the Christian Scriptures ; and 
 VOL. I. S can 
 
258 CONSIDERATIONS ON THE 
 
 have now a considerable knowledge of the 
 Shatters. Education is beginning to extend 
 
 its 
 
 caa any of us say, that the Scriptures are not to be, 
 like the Shastersy perverted to bad purposes ? And if 
 the people are at present immersed in a full sea of vice, 
 would they not take hold of the passages only which 
 favoured their passions, and leave the rest ? The Hin- 
 doo Shasters are neither the pure code of their " Vin- 
 *' dicator^" nor the blasphemous, sacrilegious, and 
 impious system of idolatry, of the Reverend Writer 
 above mentioned The natives have, in their charac- 
 ter, many faults and many excellencies. " Et quan- 
 tum vertice ad auras aethereas, tantum radice ad Tar- 
 tara tendit." At present the natives have at least the 
 following good qualities : Patience, Mildness, Obedi« 
 ence, Hospitality, Sobriety, Temperance. Make them 
 Christians, and new wants will be found immediately ; 
 and as an increase in the price of labour has not yet 
 been provided by the most sanguine of the innovators, 
 these wants may come to be supplied by crimes. If we 
 break our word, so often, so solemnly pledged to them, 
 That we would notinterfere with their religion, — the la\^ 
 of retaliationVill sanction their breaking their faith with 
 us. They chearfully obeyed while we tolerated their 
 
 religion. 
 
 Let 
 
STATE OP INDIA. 259 
 
 its beneiScial influence over all ranks. Trades 
 and professions are intermingled in some 
 
 s 2 instances, 
 
 Let the Scriptures be translated, let time take its 
 course, and when a favourable opportunity offers, let 
 erery Christian unite in the ^reat work ; till then all 
 human power will be vain ; it will make no progress in 
 the conversion of the natives, but it will at once brealc 
 that invisible, though most powerful chain of opinion, 
 on which our lives, our government, and the happiness 
 of sixty millions of men depends. 
 
 To hasten the happy period when the Scriptures 
 may safely be introduced among the natives, we ought 
 to commence by shewing them our wisdom and our 
 regard for their interests, by plans for improving their 
 condition. By many it is alleged, that immorality 
 among them is the great cause of indigence : as far as 
 it is so, improvements in their religious and moral edu- 
 cation may remove the evil. But in ten cases out of 
 every twelve, it will be found that indigence produces 
 immorality. Until this time comes, we ought to reflect 
 on what has been the consequences of premature reli- 
 gious changes in Europe ; when this portion of the 
 world was in a state of ignorance and darkness, not 
 unlike to what India is now. We ou^ht to think of the 
 Sicilian Vespers,— of the massacre of St. Bartholo- 
 mew. In India^ we ought to reflect on those apparent- 
 
260 CONSIDERATIONS ON THE 
 
 instances, and the ingenuity of the Euro-^ 
 pean, whose improvements in the arts they 
 
 Ij trifling causes which gave rise to the insurrection of 
 Vellore, of Nundy-droog, of Palam-cottah, and, more 
 recently, of BenareS and Bhaugalpore. Let us think 
 of the conduct of the natives to Mr. Carey, and 
 others of the missionaries in and about Calcutta, as 
 described in their own papers and journals. I would 
 say more on this subject^ but it is very unnecessary in 
 this Essay. Moreover, I rest confident of one thing, 
 that whatever opinions may originate in enthu^asm, 
 or in a mistaken though well intended zeal, yet but 
 one opinion can originate in the calm experience of our 
 local Indian Governments, and, instigated by such an 
 opinion, they will always, as hitherto, resist innovation. 
 They will always think with a humane and enlightened 
 philosopher, that there are '' epochs" in which know- 
 ledge, that is to say, knowledge prematurely forced 
 upon the mind, is fatal ; '' that one of these epochs is to 
 be found in the difficult and terrible passage from error 
 t(\ truth, and from darkness to light, in the violent shock 
 between a mass of errors, useful to the few and power* 
 ful, and the truths so important to the many and weak ; 
 that the fermentation of passions excited on that oc- 
 casion, are productive of infinite evils to unhappy mor- 
 tals.*' What then seems to be the necessary conclusion 
 
STATE OF INDIA. 261 
 
 no longer scruple to adopt, adding to an in- 
 creased competition in the market, have al- 
 ready had sensible effects on the manufac- 
 tures. Even cast does not now altogether 
 bar the gate of admission, against all except 
 a select few, and by a better division of la- 
 bour, all mechanics can find employment ; 
 and many are the advantages attending 
 these changes. These advantages will in 
 the end be conspicuous ; but, in the mean 
 time, the intermediate character which the 
 Bengalee has assumed, will demand all our 
 attention, and will be found sufficiently vi- 
 cious and degraded. Let us now proceed 
 ,j|p the delineation of this character, and in 
 taking notice of those passages in their Shas- 
 ^[^ers which seem to have conduced to its for- 
 mation. 
 ons V s 3 ' The 
 
 Aoi^ —: 
 
 ^ ^1^ be drawn on a review of the whole matter ? — That 
 
 jBvery gentle, indirect, and if I may so speak, passive me- 
 ./thod, for £he gradual conversion of the ntitives to Chris- 
 tianity, by the dissemination of the Sacred Scriptures, 
 ought to be eagerly adopted, but that all attempts at im- 
 mediate and forcible conversion ought to be as sedu- 
 lously resisted. 
 
i 
 
 262 CONSIDERATIONS ON THE 
 
 The eating of onions, and defrauding 
 our relations, are esteemed crimes of equal 
 magnitude. 
 
 Cutting green trees, and killing women, 
 are" equally criminal. 
 
 Giving a younger son in marriage before 
 the elder, is as bad as killing a SooddeVy or 
 even a Khshytrya, 
 
 Killing a Brahmin^ and drinking a dram, 
 were in former days equally heinous crimes. 
 
 The man who should yawn, and forget to 
 snap his fingers after it, was ordered the 
 same penance with the murderer of a 
 Brahmin. f 
 
 The person who committed a crime un- 
 intentionally, must perform one-haljf of the 
 penance allotted for that crime. 
 
 The 
 
IH grpATE OF INDIA. 203 
 
 The life of a cow is of much greater con- 
 sequence than the life of a Soodder ; and 
 in some parts of the Shaster, is reckoned 
 equal to that of a Brahmin. 
 
 All penances may be commuted into the 
 payment of cows or money : Thus, for kill- 
 ing a Khshytrya 45 cows and as many calves 
 must be paid, or 135 rahuns of cowries. 
 
 The murdering a Soodder 12 cows, or 36 
 rahuns of cowries. ^ ' 
 
 The commanding another to commit mur- 
 der, was expiated by paying the fourth of 
 the sum which the murderer had to pay. 
 
 If a Brahmin break the poita (the holy 
 thread) of another Brahmin^ ' he must be 
 very sorry for it, and pinch his own nose 
 with his right hand. The deg^^ee of pinch- 
 ing is not mentioned. "'^:m 
 
 ^^^ s 4 Such 
 
264 CONSIDERATIONS ON THE 
 
 Such doctrines as I have noticed iir this 
 slight sketch having been heard with reVe^ 
 renceand awe for ages past,asmight natural- 
 ly be expected, have had their eiFect on th€ 
 character and manners of the lower orders. 
 We shall now sum up the qualities, godd and 
 bad, which seem to compose this character. 
 
 All ranks of the natives, but more espe- 
 cially the Brahmins and the lower casts, 
 shew a complete want of a proper religious 
 and moral principle, their religion extend- 
 ing to ceremonies only. -^ '^^ ^i 
 
 Although the middling rank^#BPH»f 
 steal and rob openly, or commit other bad 
 actions which might lower them in the 
 public eye ; yet, when it can be concealed, 
 they will receive bribes, will defraud their 
 masters by false accounts, and, by making 
 use of their, power in office, will extort sums 
 in the most paltry and mean way from all 
 who have any transactions with them. They 
 mmnij scruple 
 
■rrr 
 
 STATE OF INDIA, 265 
 
 scruple not to make use of their master's 
 name, in cases where greater sums may by 
 these means be obtained. They never re- 
 ceive power but to abuse it, and no salary, 
 however liberal, will put a stop to their cor- 
 ruption and venality. As they have no re- 
 gard to justice, so they have no feelings of 
 mercy or pity for even the most miserable 
 of the poor whose causes they have biefore 
 them ; and every assistance they give must 
 be paid for. 
 
 In all countries, justice, although the na- 
 tural right of the subject, is a very dear 
 commodity; but, in Bengal, its price ex- 
 ceeds, in most instances, its value. The 
 poor Bengalee will rather give up his little 
 paternal property, his bit of lahraje (rent 
 free) land, than prosecute his cause in our 
 Civil Courts. He will rather suffer the in- 
 - jui^, if his house be robbed, than undergo 
 the delay and misery of a criminal prosecu- 
 tion. Half, and more than half the injuries 
 
 committed 
 
2G6 CONSIDERATIONS ON THE 
 
 committed are thus concealed. The cor- 
 ruption of the native Aumilah^ or officer of 
 our Courts, has become notorious, and the 
 European character suffers in the eyes of 
 the natives, if not from the suspicion which 
 it is the interest of the Aumilah to create, 
 viz. of our partaking of their gains, yet at 
 least from our extreme supineness and apa- 
 thy, which prevents our taking any mea- 
 sures for the suppression of an evil so de- 
 structive of all justice. 
 
 The following passage, translated literal- 
 ly from the Travels of Aka Mahommed, a 
 Persian of considerable rank and respectabi- 
 lity, and a clever man, as it describes most 
 exactly the state of almost every Court of 
 Justice in India, ought surely to awaken us 
 to a sense of our duty. Talking of the Eng- 
 lish, he says, *^ And although these persons 
 *^ do not themselves take bribes, and to the 
 *f utmost of their power administer justice 
 " impartially, yet, from their neglect and 
 mi^ ' • " carelessness, 
 
ai STATE OP INDIA. 2&J 
 
 ^^ carelessness, the poor subject must endure 
 ** every kind of tyranny and oppression, 
 ^* which the power of the Aumilah^ viz, the 
 ** Nazirs, Darogas, and others, inflict on 
 *' them. And considering the wisdom and 
 ^' ability of these persons, it is very wonder- 
 " ful that they do not reflect and CQnsider 
 ^' howit ispossible, that their Dewam^Moof' 
 '^ tees, Nazirsy Catwalls, Darogas, Than- . 
 '' nahdars, Moonshees, Moota-Suddies, and 
 ^^ others, who serve in the Judicial Line, 
 *^ while their allowances are only sufl[icient 
 '^ for their maintenance, can yet assume 
 ^^ such rank and splendour; and notwith- 
 ^' standing their living in this style, how 
 ^' they have become possessed of great and 
 *^ extensive landed property. If they take 
 *^ no bribes, whence comes all this ? ! !'* 
 
 "Although I believe the Aumilah of our 
 Courts, who are, in general, from among 
 the middling classes of the natives, to be 
 more particularly depraved, yet the com- 
 
 .^6^£ioG^ia»u. plaint 
 
268 CONSIDERATIONS ON THE 
 
 plaint against the middling class for want 
 of principle is very generally made. The 
 Sircars of individuals, the Aumilah of the 
 Zemindars^ and the superintendants of 
 tradesmen, have all the same principles, or 
 rather the want of all principle; and al- 
 though in their manner they have a greater 
 share of decency, and are not guilty of ex- 
 cesses in public, yet are they very little bet- 
 ter, except in this last respect, than the 
 other two classes, ' . 
 
 In nothing is the general want of prin- 
 ciple more evident, than in the total disre- 
 gard to truth which the Bengalee shews. 
 And here no order or rank among them is 
 to be excepted. Their religious teachers 
 set the example, and it is most scrupulous- 
 ly followed by all ranks. As the Shasters 
 declare that lying is allowable in some cases^ 
 and the Brahmins have shewn by their ex- 
 ample, that these cases may be extended ; 
 ^gi:;^a^ m\ -^/.;./wy.. ...^ * ■^ih^^i^^.Ui^u.^i-. as, 
 
I H ] STATE or , JN1>I A. 269 
 
 aSj besides, it is a practice esteemed highly 
 serviceable by all the natives, it has there- 
 forei become universal, and is no longer con- 
 sidered discreditable. With nothing is the 
 European more struck on his arrival in the 
 country, than with this horrid vice. In- 
 deed, we find this disposition in no civilized 
 nation we have ever heard of. In all, a 
 regard to truth is the first precept a child 
 receives ; and Bengal alone shews an excep- 
 tion to the general observation, 
 
 " Magna est Veritas, et prevalebit/* 
 nnc? 
 
 By increasing the punishment for perjury, 
 
 something, perhaps, might be done towards 
 
 removing this evil ; but the religion, the 
 
 education, the very nature of the Bengalee 
 
 (for it has become a second nature) must. 
 
 be changed, before any great improvement 
 
 can be expected. , , -> *i, 
 
 » 
 
 b The natives of Bengal, of all ranks, are 
 timid and cowardly 5 they possess no energy 
 
 of 
 
2/0 CONSIDERATIONS ON THE 
 
 of character, and suffer long without making 
 resistance. Although it might at first view 
 be imagined, that the Dacoifs and robbers 
 furnished an exception to this observation, 
 I have every reason for supposing, that they 
 only owe their success to want of opposi- 
 tion. No doubt, a gang of Dacoits, embold- 
 ened by a series of successes, acquire a 
 degree of courage not natural to them ; 
 yet it will invariably be found, that any 
 thing like a steady opposition puts them to^ 
 flight. With this, however, they very sel- 
 dom meet.* , .uuBBnh 
 
 oq ir>i 
 
 * I believe several instances have lately occurred in 
 Burdwan, when, by the encouragement given by* the 
 zealous and intelligent Magistrate of that Zillah (Mr. 
 W. B. Bayley), the natives of the villages have 
 opposed the Dacoits, and, aided by the watchmen, 
 have repelled ihem. How greatly is it to be desired that 
 stidh an example should be followed. This cowardice 
 of the Bengalees is not universally allowed. ."^ t'**«^ " 
 
 "'The 
 
STATE OP INDIA. 271 
 
 On the arrival of the jDacoits, generally 
 the whole men of the village flee before them, 
 and leave their helpless women and chil-*- 
 dren to their fury. Much of this cowardice 
 
 .* , proceeds 
 
 ■ — , — . f_ i , — ,«i rf ;. 
 
 " The second, and only other cause of Dox^oity^ y\^, 
 the cowardice of the natives," says Mr. Stewart, in his 
 Report from Benares, " is of a nature to rob the unfor- 
 tuuate.sufFerer of all claim to compassion, by casting the 
 whole blame on themselves. The inhabitants of other 
 provinces (Behar, for instance) are said to owe their 
 safety to the manliness of their character, which defies 
 assault. The natives of Bengal are paying the natu- 
 ral penalties of their cowardice. Their villages are 
 iined, their property pillaged, their women ravished, 
 and themselves tortured and assassinated, simply be- 
 cause they are poltroons. This hypothesis, as it implies 
 a sort of moral dispensation, is captivating, but, I con- 
 ceive, will not stand the test of deliberate examination." 
 
 Mr. Stewart then defends the Bengalee, and, 
 among other arguments, adduces the following, " That 
 these very Dacoits are not foreigners, bivt native Ben- 
 galees, and that from among the Bengalees we formerly 
 had many good soldiers." With regar^itq ifp ^r|t argu- 
 
 .flT 
 
 ment, 
 
272 CONSlBERATlOTSrS ON THE 
 
 proceeds from the indefensible nature of 
 their houses, and from the restriction laid 
 on the possession of arms. Every man who 
 possesses arms in his house, bcomes an ob- 
 ject of suspicion to the Daroga, on the oc- 
 currence of any crime. He is either appre- 
 hended and sent in to the station^ or he 
 pays a large fine for his freedom. 
 
 The policy which suggested the' imposi- 
 tion of these restrictions, was at first highly 
 proper ; but as the natives, wherever they 
 are protected, are now happier under our 
 government, than they were under their 
 former rulers, there can no longer be any 
 occasion for its strict observance, more 
 especially if we conciliate their affections, by 
 
 supporting 
 
 ment, I am afraid it will be found, that the Dacoits are a 
 hardened, but not a brave set of people ; and whatever 
 they may have once been, it is well known that no 
 regiment will now receive Bengalee recruits when 
 anv others are to be had. 
 
^y^y STATE OF.JINDIA. 2^3 
 
 supporting them on every proper occasion 
 againstthetyranny of the Zemihdars, Un- 
 der certain regulations, arms might safely 
 be allowed in the houses of those who can 
 afford to have them, or at least of a small 
 number in each village ; and most liberal 
 rewards ought tg be given to those who shall 
 set an example to others of repelling the Da-^ 
 coUs. A spirit of this kind, once raised, 
 :\^jpljld^j be attended with the best effects; 
 fpl? a trial would soon convince them^ that 
 the Dacoits are not so formidable as they 
 
 -, Although cowards, I do not think the 
 Bengalees are generally cruel ; and it is on- 
 ly among the Dacoits that we have instan- 
 ^^ of this propensity. Perhaps experience 
 may prove that these are cruel in proportion 
 to their cowardice, their outrages exceeding 
 any thing that will be believed ;— but of 
 this, .notice will afterwards be taken. 
 
 VOL. I. T ^ * -- ^^'^'<SGhe 
 
274 CONSIDERATIONS ON THE 
 
 The mild and regular climate of their 
 country, and the fertility of the soil, easily 
 supplying their wants, and making them 
 averse to labour ; the regularity and simpli- 
 city of their diet, may account for the apa- 
 thy and laziness of the Brahmins and lower 
 classes*, which is as remarkable as the in- 
 dustry and activity of the middle orders. 
 The day of a Brahmin is passed in eating 
 and sleeping, with short, very short inter- 
 vals, or rather farces, of prayer and religi- 
 ous worship. This, however, is only the 
 life of a religious Brahmin, who lives on 
 the fruit of his godliness. His character 
 entirely changes when he interferes with 
 the concerns of this world. He becomes 
 
 more 
 
 * This feature in their character seems to have struck 
 all Foreigners, the older travellers in the country; as 
 is observable in the writings of Bernier, Peteij de la 
 Valle, and others. Bernier observes," Laplupart 
 " des Indiens sont d'une humeur lente, et paresseuse : 
 " la chaleur du pays, et leur manger, y contribuant 
 '^ beauQoup." 
 
STATE OF INDIA. 275 
 
 more active, and joins with heart and soul 
 in all the chicanery and knavery that goes 
 forward. And as his power is superior, so 
 he becomes the leading character among the 
 corrupt.* 
 
 T 2 '^^ But 
 
 * In " Hollwell's Events" we find the follawing re- 
 mark, which shews that the character of the Brahmins 
 was early marked by Europeans ; the remark is peculiar- 
 ly applicable to the Brahmins of the present day. " Du- 
 '^ ring five years that we presided in the judicial Court 
 ^f till Calcutta, never any murder or other atrocious 
 ^isvme came before us, in which it was not proved in 
 *' the end, that a Brahmin was at the bottom of it," It 
 ought, however,to be here observed, that a wide distinc- 
 tion is to be made between the Brahmins who mingle 
 in worldly pursuits, and those who devote their lives 
 to religious seclusion from the world ; among this last 
 description, I have known many most respectable and 
 good men. This distinction is well marked by Ray- 
 NAL, whose words on this subject are worthy of being 
 quoted as very correct, though this i^ not always the 
 case with this author : " II y a plusieurs classes de 
 " Bramines. Les uns rpandus deans la societe sonl or- 
 
 " dinairement 
 
276 CONSIDERATIONS ON THE 
 
 But the laziness of the lowest classes m 
 more particularly remarkable ; and it is dif- 
 ficulty to point out the immediate causes of 
 it. It is impossible to rouse them, or even 
 to excite in them a wish to look farther than 
 the day before them. Those who have a 
 trade, will not labour an hour or two longer 
 to lay up a little stock, even though expe- 
 rience shews them, that the evil day often 
 arrives and finds them unprepared. On the 
 contrary, like the colliers, and some other 
 description of labourers in Europe, the Ben- 
 galee will work hard three days, in order 
 
 that 
 
 " dinairement fort corrompus ; persuades que les eaux 
 " du Gauge les purifient de tous leurs crimes, et u'etant 
 " pas soumis a la jurisdiction civile, ils n'ont ni frein ni 
 
 ^' vertu. Les autres vivent separes du monde, et ce 
 
 *' sontdes imbeeillesou desentbousiastesjlivresaroisi- 
 '' vete, a la superstition, au delire de la metaphysi- 
 " que." The Abbe might, however, have given this last ^ , I 
 description of Brahmins more than this negative praise 
 of doing no wrong. 
 
STATE OF INDIA. ^l^^ 
 
 that he may sleep away the next three, or 
 spend them at a Poojah, 
 
 The husbandman, who from bad seasons 
 and other casuaUies, is Hable to frequent re- 
 verses of fortune, cannot, however, by any 
 means- be induced to lay up a little store. He 
 lives from day today, throws all his gains in- 
 to the hands of the MaJtajuns or money-lend- 
 ers, content that he finds a temporary supply, 
 and finds it without much trouble. Although 
 they see, that the Maliajuns^ becoming, in 
 fact, the cultivators of the lands, acquire 
 wealth rapidly, and although they must 
 know; that by laying up a small portion of 
 their gains, they might, in time, become 
 their own Mahajuns\ yet will they obsti- 
 nately adhere to their old habits. 
 
 To the formation of so peculiar a charac- 
 ter, there must have been some original 
 cause, or combination of causes, of great 
 weight. One of the principal of these is to 
 T 3 be 
 
278 CONSIDERATIONS ON THE 
 
 be found in the former insecurity of proper- 
 ty, and the fear of the Dacoits, Now that 
 these are somewhat removed, we may hope 
 for some change, though at present there is 
 no appearance of any such improvement. 
 
 Some further observations on this subject 
 will be found afterwards, when the Ze- 
 mindary System is explained ; at present 
 it is sufficient to remark, that the laziness 
 and apathy of the Bengalees is beyond any 
 thing with which we are acquainted in other 
 countries. 
 
 Among the natives of Bengal, nothing 
 like a free and independent spirit is to be 
 found. They are fawning and slavish to 
 superiors, to a degree of meanness and ser- 
 vility which is disgusting; yet these men 
 are, of all others, most arrogant when they 
 have it in their power. They are then, real- 
 ly, those weak men, who, 
 
STATE OF IITO|A. 279 
 
 " Arm'd with a little brief authority, 
 
 ** Play such fantastic tricks before high H eav'n 
 
 " As make the angels weep." 
 
 To be assured of this, let any one, as a 
 stranger, go among them unattended; let 
 him visitthe Dewanofan European, a na- 
 tive officer of our Court in his own village, 
 or a Daroga of a Thannah, and see how they 
 lord it over their subjects.* 
 
 t4 The 
 
 ■ ■ ■ *- - — i » 
 
 * While employed in the interior, I used frequently to 
 ride or walk about unattended through the villages 
 where I was unknown, and by representing myself to be 
 an indigo planter, on my way to a factory, or by telling 
 Uicm any such story, I have induced the natives to enter 
 into familiar conversation with me. I have learnt fre- 
 quently their opinions of their masters, and have found 
 that they can suflBciently despise us, when out of their 
 sight. In going about in this way, I have collected a 
 good deal of useful information, and^would strongly 
 recommend the practice. It might be of much use in 
 
 Calcutta, where one might go about without being 
 
 known or feared. 
 
280 CONSIDERATIONS ON THE 
 
 The Bengalees can never be prevailed 
 upon, at first, to offer their real opinion up- 
 on any subject. They are cautious in the 
 extreme, weighing every question, however 
 trivial, previous to their giving an answer ; 
 and the faculty which they have of diving 
 into the thoughts of others, and reading in 
 their countenances the workings of their 
 minds, is really astonishing. The character, 
 temper, and every disposition of the Euro- 
 pean, is studied, and made the subject of 
 conversation at their ni^htlv meetings, im* 
 mediately after his arrival at a station ; 
 plans are then laid for managing him, and 
 they are almost universally successful.* •-* *«* 
 
 In 
 
 * Avery clever and intelligent native, who was in 
 my employment when I left Bengal, told me very late- 
 ly, that on my arrival at Nattore in 1808, a consultation 
 had been held to ascertain my disposition, and how T' 
 was to t)e managed. I had been for the first few days 
 severe on the officers of the Court ; sgme were therefore 
 
 inclined 
 
STATE OF INDIA. 281 
 
 In laying plans, and waiting for their re- 
 sult, they are possessed of the greatest cool- 
 ness, patience and perseverance, and the 
 command they possess over their temper 
 and countenance is wonderful. Seldom, in- 
 deed, can the Bengalee he put out of coun- 
 tenance, or oft' his guard. To have their 
 veracity called in question, or their honour 
 impeached, has an immediate and violent 
 effect on the people of most nations ; but 
 where veracity and honour are alike un- 
 known, we cannot wonder at the great en- 
 durance of the Bengalee in such situations, 
 or even under violent abuse. In patience^^ 
 in cunning, in forbearance under abuse, and 
 
 in 
 
 inclined to think me a fiery tempered young man 
 (gurm mezage), but the more experienced made it out 
 that it was merely a display, and that it would sooil^, 
 cease, and the gentleman's^ soft disposition (nurm 
 mezage) would prevail, when he woyld be easily, j 
 managed. This consultation was held at the house , 
 of. the Sheristadar (or head officer of the Court). 
 
282 CONSIDERATIONS ON THE 
 
 in rapacity in money concerns, I have of- 
 ten thought, that there existed a strong re- 
 semblance between the characteristic des- 
 cription of himself, given by Shakespeare^s 
 Jew, and the Bengalee : 
 
 '' Many a time and oft 
 
 " In the Rialto have jou rated me 
 
 " About my money and my usances ; 
 
 " Still have I borne it with a patient shru^-, 
 
 " For sufferance is the badge of all our tribe." 
 
 If the Hindostanee, the Persian, or the 
 Malay is insulted, he puts his hand to his 
 sword, or, if restrained by circumstances,lie 
 at least meditates revenge ; but the Bengalee 
 patiently submits to every abuse and degra- 
 dation by which he is a gainer.* There is 
 
 here 
 
 '}b » The humorous description of a Chinese merchant, 
 given by Ratnal, is very applicable to the Bengalee in 
 similar situations. " Un Europeen arrive pour le pre- 
 
STATE OP INDIA. 283 
 
 here a wide difference between the charac- 
 ter of the Bengalee and the natives of the 
 ;,. * Upper 
 
 " mier fois dans I'empire, acheta des marchandises d'un 
 " Chinois, qui le trompa sur la qualite et sur le prix. — 
 " L'Europeen se flatta que peut-Stre il toucheroit le 
 ^' Chinois par des representations raoderes, et il lui 
 ^' dit : '^ Chinoisjtu m'as vendu de mauvaises marchan- 
 '' dises." — " Cela se pent," lui repondit le Chinois, 
 " mais il faut payer." — " Tu as blesse les lois de la 
 " justice, et abuse ma confiance." — '' Cela se peut, 
 'W mais il faut payer." — " Mais tu n'es done qu'un fri- 
 Jffipon, un malheureux." — '^ Cela se peut, mais il 
 ^*j^|faut pajer." — " Quelle opinion, veux-tu done que 
 ** je remporte dans raon pays de ces Chinois, si re- 
 *^ nommes par leur sagesse! je dirai que vous n'etes 
 <^ ijue de la canaille."—'^ Cela se peut, mais il faut 
 *^ payer." — L'Europeen apres avoir s'encheri sur ces 
 *" injures de toutes celles que la fureur lui dicta, sans 
 " avoir arrache que ces mots froids et froidement pro- 
 " nonces, delia sa bourse et paya. Alors le Chinois, 
 ^ prenant son argent, lui dit : '' Europeen, au lieu de 
 ri¥ tempeter com me tu viens de faire, ne valoit-il pas 
 i^ mieux te taire, et coramencer par ou tu as fini ; car 
 ^1 qu'y as-tu gagn^ ?" 
 
284 CONSIDERATIONS ON THE 
 
 Upper Provuices. The Bengalees inhabit 
 a low flat country, easily overrun by ene- 
 mies. From time immemorial they have 
 been subject to the perpetual vicissitudes of 
 conquest and subjection, and they have al- 
 ways yielded a ready obedience to the con- 
 querors. Their lives are passed in the em- 
 ployments of agriculture and pasture : their 
 climate is enervating, and their food simple. 
 These causes must have had their effects in 
 forming this character. 
 
 If these causes are sufficient to account 
 for their cowardice and meanness, we may 
 also add to these the powerful effects of 
 constant subjection to tyrants, in the per- 
 sons of their Sovereigns, and also of their 
 Zemindars, in teaching them duplicity, eva-' 
 sion, and a disregard to truth. To those 
 who are competent to the task, the iuTesti- 
 gation of such causes would furnish a very 
 interesting subject. But for such an inquiry 
 ^^^/itioj^iiO'i* ifiHv..,'.- « -fj^^iM^. lam 
 
STATE OP INBIA. 285 
 
 I am very unfit, and must confine myself 
 chiefly to eflfects. 
 
 As the Brahmins and lower casts are re*- 
 markable for their indolence (with the ex- 
 ception above mentioned), so the middling 
 class, especially those employed in the mer- 
 cantile line, and in the diflTerent offices un- 
 der our Government, are distinguished for 
 industry and application. As long as they 
 are suffered to be gainers by these quali- 
 ties, they never fail to exert them ; and 
 every other consideration yields to the per- 
 formance of the duties of their office : no- 
 thing discourages them ; and their unwea- 
 ried perseverance is generally attended with 
 success. 'mr" -rferf^fideflo 
 
 This remark, and, indeed, most of the 
 remarks in this chapter, I mean to apply 
 to the Hindoos among the Bengalees. The.^ 
 Mussulmans, in their manners and customs^ 
 have, of late years, assimilated themselves 
 
 to 
 
286 CONSIDERATIONS ON THE 
 
 to the Hindoos in most respects ; and I 
 am not aware of many striking differences 
 in the general character of the lower orders 
 of either sect. When these occur, how- 
 ever, I shall endeavour to point them out : 
 and the present is one instance ; for I have 
 always found that the Hindoo officers of a 
 court are the most industrious, and the 
 most useful in every respect, as well as the 
 easiest to manage. There remains a great 
 deal of that pride which has always been 
 remarked as inherent in the Mussulman 
 character ; and the utter contempt in which 
 they hold those of another persuasion, pre- 
 v^ts the possibility of improving them. 
 Their character, however, possesses much 
 more energy, and in many situations they 
 are to be preferred to the Hindoo, parti- 
 cularly as Darogas, jailors, Burkundauzes^ 
 &c. A native Bengalee is totally unfit for 
 these situations ; and they ought, on all 
 occasions, to be given to up-country Hin- 
 doos, or to Mussulmans. 
 
 In 
 
STATE OF INDIA. 28? 
 
 In mentioning the up-country Hindoos 
 in this place, I wish to call the attention 
 of the reader to a wide distinction which 
 is always to be drawn^between the Hindoos 
 of Bengal and the Hindoos of the Upper 
 Provinces. The Bengalee is mean, insidi- 
 ous, cowardly, litigious ; — the other is in- 
 dependent, open, brave, and peaceable. 
 This last epithet I merely apply in contra- 
 distinction to litigious, for the up-country 
 natives are engaged in many private quar- 
 rels and feuds, although they have few law- 
 suits. This observation may be of service 
 to the young Writer in the choice of his 
 appointment, as well as to the Magistrate 
 in his^ arrangements for police* 
 
 Bengalis, perhaps, the .only country in 
 the world where every thing is to be done 
 by money. Venality and corruption are 
 here universal ; and I sincerely believe, 
 there is not in Bengal a native to be found 
 who will resist the power of money. Each 
 
 has 
 
288 CONSIDERATIONS ON THE 
 
 has his price, and although that price may 
 be very high, it is yet to be ascertained, and 
 when ascertained, will infallibly command 
 the commodity, be it, even his honour and 
 reputation in this life, or his hope of salva- 
 tion in the next. 
 
 It can scarcely fail to be otherwise, when 
 venality has long ceased to be looked upon 
 as a crime, which is really the case in Ben- 
 gal. Where justice is bought and sold 
 among even the most respectable of the 
 Pundits and Moluvees of our Courts, and 
 where the Aumilah receive bribes with both 
 hands, how can we expect that the lower 
 orders should not be influenced by such an 
 example ! They are consequently ready, on 
 all occasions, to. sell their words, their ex* 
 ertions, their reputation, and that of thdr 
 families, to the highest bidder. Among the 
 JBrahrnins, absolution from sins, and bonds 
 of insurance, securing the possessor a place 
 in heaven, are always to be purchased. But 
 
 nowhere 
 
STATE OF* INDIA. 289 
 
 • 
 
 no inhere is this venality more conspicuous 
 than in our Civil Courts of Justice, vrhere, 
 in almost every cause that is tried, the wit- 
 nesses (perhaps all from the same villages^, 
 will range theniselves on different sides, and 
 give a plausible and consistent story, the 
 one in direct opposition to the other. Mem- 
 bers of one and the same family will contra- 
 dict each other, and, though contrary to 
 their own belief, they will, with the greatest 
 obstinacy, persevere in.maintaining any as- 
 sertion which they may be paid to make. 
 On this subject more will be found, when I 
 come to the treatment of the subject of 
 witnesses. It is sufficient here to have men- 
 tioned their disregard of truth, and their 
 extreme venality, as features in their cha- 
 racter, " distinguishing them from any other 
 nation. In many nations these vices have a 
 partial influence, but here they are univer- 
 sally prevalent. 
 
 
 liMivoL. I, u ^ipYa^ TThe 
 
290 CONSIDERATIONS ON THE • 
 
 The deep cunning and foresight of the 
 Bengalee is very remarkable, and it is par- 
 ticularly observable in our Courts of Justice. 
 Their plans are laid with wonderful skill, 
 and in very few instances ar^ they brought 
 to light ; and, in general, in the event of 
 their being discovered, a safe passage for 
 escape is also found to have been provided. 
 On the stratagems and devices which they 
 practice in courts, some further observations 
 will be found afterwards. Cunning is uni- 
 versally encouraged among them, and be- 
 comes part of their education ; and there 
 are innumerable stories which they relate, 
 and listen to with delight, inculcating ^he 
 excellence of this virtue.* 
 
 The 
 
 * An old Soonar (a goldsmith), on his deathbed called 
 for his three sons, and having given them a great deal of 
 good advice vvith regard to their conduct in life, he asked 
 the youngest, how many anas (sixteenth of the common 
 gold coin or mohur) he could venture to steal to himself. 
 
 The 
 
n STATE OF INDIA. 291 
 
 ^* The Bengalees, of all ranks, are remark- 
 able for their ingratitude ; no kindness con* 
 
 u 2 ferred 
 
 The son modestly replied four anas (a fourth).. You, said 
 the father, will never succeed in life. He then asked the 
 second the same question; the second son said, he 
 thought he could venture to take a third without being dis- 
 covered. And the third son, seeing the father was not 
 contented with this, alleged that he could steal one half. 
 On hearing this, the old man said, None of you are, my 
 sons; when I was of your age, I could venture to take 
 within an ana of the whole for myself. He then told 
 them the following story : " When T was young a certain 
 Rajah assembled all the goldsmiths in the neighb^our- 
 hood, and told them he wished to make an image of 
 Khrishnu : but as Soonars were not to be trusted, and 
 the image was to be of pure gold, the man who 
 made it, must previously agree to certain conditions. 
 These were, that he should every day be locked up in 
 a small room with the image ; that this room should be 
 well guarded, and that every morning and evening, 
 when he was admitted and let out, he should be search- 
 ed to the skin. All the old goldsmiths, knowing well 
 that very little was to be made in such a case, and 
 dreading the anger of the Rajah, remained silent. On 
 which I stepped forth, and said, Oh, mighty prince ! 
 
 these 
 
292 CONSIDERATIONS ON THE 
 
 « 
 
 ferred on them will ever* insure their grati- 
 •tude ; indeed, this virtue seems totally un- 
 known * 
 
 these men only study their own worldly advantage, and 
 |is your wisdom has laid a plan by which it is impossible 
 for them to steal, they will not agree to your conditions. 
 But I expect a place in heaven forthis godly work, and 
 will rely on your bounty for any other reward. I am 
 ready. The king was much pleased, and havfng ordered 
 th& treasurer to weigh out the g;old, he had me stript 
 naked, and set to work in a room guarded both outside 
 and inside. Every nig-ht I was released, after being 
 searched ; and every night, in my own house, in a pri- 
 vatei place, I continued making a brazen image, exactly 
 similar to the other; not a screw or a nail did I put in 
 the one, that I did not put its fellow in the other ; and 
 leaving finished both, I filled up my brazen image with 
 lead, and gilded it over with gold. When the golden 
 image was ready, the Rajah came to see it. I then pros- 
 trated myself before him, and said. Oh, great prince ! I 
 am a very poor man ; I have suffered every disgrace that 
 I might please you; now grant my prayer, and permit me 
 to carry the image to the Ganges on the day of its conse- 
 cration. The Rajah consented ; but ordered, that, on 
 that day, guards should surround me on all sides. The 
 day arrived, and I proceeded with the image to the Ra- 
 T bfirt b«& nucErtolJ ^ v *# >^ jah's 
 
^ STATE OP IKDIA. 293 
 
 known among them. * The servants of Eu- 
 ropeans, who have been with them for 
 years, will yet leave them on the slightest 
 pretence, whenever their own convenience o 
 requires it. The man whom you may have 
 brought up and raised from poverty to af- 
 fluence in your employment, is yet always 
 willing- to desert you when he is likely to 
 gain a small consideration by it. Personal 
 regard for the European is never found a- 
 mong them, though their slavish and fawn- 
 ing servility might make us mistake their 
 fear for respect and esteem.* 
 akim u 3 Both 
 
 jah's ghaut, and entering the holy stream amidst the ac- 
 clamations of the multitude, I immersed the golden 
 image, and at the same time my whole body in the wa- 
 ter, and taking up the brazen image, which I had previ- 
 ously placed there, presented it to the Rajah, and, bow- 
 ing at his feet, asked for my reward. The Rajah was 
 highly pleased, and rewarded me liberally. At night 1 
 removed the golden image, and meltingut down, dispo- 
 sed of the gold at leisure." ,,,^„^^ ^^^^^^- ^^^ ,,„„ .. 
 
 * On my arrival in this country^ I took into my ser- 
 vice a little orphan boy. He was a Brahmin, and had no 
 
294 CONSIDERATIONS ON THE 
 
 Both Hindoos and Mussulmans in Ben- 
 gal are very superstitious, believing in 
 
 charms, 
 
 means of subsistence. I had him educated; he was al- 
 ways well fed and clothed, and when he could know the 
 use of money, I gave him a small monthly allowance. 
 He remained with me for five years. He once came to 
 me, and asked permission to go and see a relation of his, 
 and remained absent five or six months, during which 
 period, as I afterwards learned, he had engaged himself 
 to another gentleman in a distant Zillah^ who had offer- 
 ed him an additional rupee a month. On his return, to 
 reward me for the kindness I had shewn him, he joined 
 with 'a blacksmith, who was also my servant, and broke 
 tipemnj cellar. This black&mith I had released from 
 jail, and supported for two years : he had been confined 
 on security, and as no one would employ him, from 
 the stigma attending his imprisonment, he was, at the 
 time I received him, destitute of the means of subsist- 
 ence. 
 
 In the last great famine in Bengal, a gentleman pass- 
 ing thi^ough the outskirts of the town of Calcutta, close 
 to a deep ditch, heard the cries of a person in distress ; 
 and going up to the place, he saw a man sitting on the 
 ground, and his wife and two children lying to all ap- 
 pearance 
 
STATE OF INDIA. 295 
 
 charms, incantations, the power of good 
 and evil spirits, of ghosts, of religious per- 
 sons, such ^isfakeers and devotees, in good 
 and bad omens, and in witchcraft. Their re- 
 verence and awe for the minutest and most 
 insignificant ceremonies of their religion are 
 u 4 most 
 
 pearance dead before him. The man was reduced to a 
 mere skeleton, and the others were in the same situation. 
 The man had just sufficient. strength to tell him, that for 
 many days he had not tasted food. The gentleman sent 
 for his servants, and had the starving family removed 
 to his house, where, by kind treatment, the whole of 
 them soon recovered. After being maintained for some 
 time in the house, the man, who had hitherto received 
 food and clothing for himself and family, demanded wa- 
 ges; and the good-natured master gave him the same as 
 the other Khidmutgars (table servants). He remained 
 with his family in the house for a year, at the end of 
 which he told his master, that he wanted something 
 more than the others. As this was refused, he left the 
 house immediately, and- took service wHh another gen- 
 tleman, who gave him a small additidn to his wages. 
 Instances such as this are not uncommon. 
 
296 CONSIDERATIONS ON THE 
 
 most remarkable. They all believe, as has 
 formerly been mentioned, in predestinatkNp^ 
 and necessity. VfiiMort^r' ^0^915 
 
 The climate of the country, and the im- 
 purities to which they are daily witnesses, 
 even in their religious ceremonies, have 
 conspired to make the Bengalees lascivious 
 in the highest degree. So little regard is 
 paid to chastity among them, that the son 
 has learnt from the example of his parent, 
 before he is fourteen years of age, to mingle 
 in the general debauchery. Concubinage is 
 general among them, and private intrigue 
 has no bounds. Nor does the Bengalee 
 consider marriage a bar to' such enjoyments. 
 Respect for cast has no influence in pre- 
 venting this ; and intrigue, even in inter- 
 mixture of religions, is not uncommon. Un- 
 der such circumstances, it naturally follows, 
 that the number of those who live by public 
 prostitution is very great, the public expo- 
 sure of private intrigues constantly supply- 
 
^ STATE OP iNt)TA. 297 
 
 ing this body with recruits. But this profes- 
 sion, as it is not stigmatised with that de- 
 gree of ignominy which is attached to it iti 
 Europe, and as it is much better conducted, 
 consequently presents us with fewer ob- 
 jects of misery and desperation ; and from 
 the manner in which this society live, asso- 
 ciating together, and assisting each other in 
 poverty and disease, the evils attending this 
 misfortune, necessary perhaps in all coun- 
 tries, are here comparatively small. *^^^ 
 
 Men of education, who devote themselves 
 to study for the good of their fellow-citi- 
 zens, are now unknown among the Ben- 
 galees. Literature is totally neglected, or 
 those branches alone are studied, which in- 
 sure the immediate gain of the student. 
 
 i } • ■r'jifxivifi 
 
 The want of a body of learned men, 
 
 which almost every other nation can boast 
 
 of, must have a very bad effect on the general 
 
 manners and character ; but here there is 
 
 8^^ little 
 
298 CONSIDERATIONS ON THE 
 
 little hope of improvement. Even now, 
 when education has become more common, 
 only enough to insure the learner a liveli- 
 hood is thought worth acquiring. The 
 study of philosophy, of history, of astro- 
 nomy, and other useful and elegant sciences, 
 even if they were in former times an object 
 of interest among the Brahmins, could yet 
 have had no beneficial influence on the body 
 of the people ; for they were entirely con- 
 cealed from them, by their self-interested 
 priests. '^ A little learning," in the opinion 
 of the jBrahmins,\vsis ^ indeed, ^^adanger- 
 " ous thing ;" and he among the forbidden 
 classes, that ^^ dipped deep," was plunged 
 into hell : Such was the hiiserable policy of 
 the jBrahtnins, * ,; 
 
 In the management of their children 
 among the lower classes, we may trace one 
 great source of the early vicious habits 
 which afterwards ripen into more determi- 
 ned guilt. Respect and awe for the orders 
 
 of 
 
STATE OP INDIA^'^Oi 299 
 
 of their parents are not taught them in their 
 childhood ; and it is not to be expected, 
 that in their youth, when respect would 
 throw a restraint on their pleasures, they 
 will observe it. While very young, they 
 remain under the care of women, but, as 
 soon as they are able to run about, they pass 
 their w hole day in the streets and the _B«- 
 %ars^ learning and teaching every kind of 
 mischief. Any one listening to the lan- 
 guage of Bengalee boys, while at their 
 sports, would be astonished at the pitch 
 at which they soon arrive in abuse and in- 
 decency. Unless removed by their parents to 
 keep cattle, or to do little works about the 
 house, they continue in the Bazar until, ar- 
 riving at the age of twelve or fourteen years, 
 they then find associates among the young 
 men, who initiate them in scenes of de- 
 bauchery, gaming and drunkenness. It 
 thfefn becomes necessary that they shotdd 
 work, in order to supply themselves with 
 the means of indulgence, or that they should 
 
 join 
 
I 
 
 300 CONSIDERATIONS ON THE 
 
 join gangs of thieves. Although by far 
 the greater number follow some profession, 
 yet we cannot expect that the education 
 above mentioned should secure them from 
 temptation. Thus we find, that as recei- 
 vers, or otherwise assisting their old com- 
 panions, they give additional strength to 
 combinations already sujfficiently strong.* 
 
 The 
 
 * In Zillah Kishnagur, a Dacoit, who had received a 
 pardbn for his services as a Goinda (an informer), and 
 who, from youth, had gradually proceeded in a course 
 of progressive iniquity, until he became accustomed 
 even to murder, was among others who attended me 
 while I was employed some time in the interior of 
 that district, in the apprehension and trial of a gang^ 
 of robbers. As he no longer feared punishment, 
 he was very communicative, and, in relating his own 
 history, he mentioned, that, at first, he began by 
 pilfering from the shops of the Moders (grocers) and 
 others, to support a girl with whom he had formed 
 a criminal connexion. His first daring act was thait 
 of committing a Nukuhzunnt/ (or lesser species of 
 burglary) in the house of a man of some wealth. He 
 
 said; 
 
• STATE OP INDIA. 301 
 
 The Bengalees, of all ranks, are of a liti-* 
 gious disposition. This is a fact so general-^ 
 ly known and complained of, that it will 
 need no further comment. 
 
 They are, as has been formerly observed, 
 
 severe and tyrannical to their women ; and 
 
 from the state of subjection in which these 
 
 are kept, those finer feelings, which, in all 
 
 dther nations, arrived at any degree of civi- 
 lization 
 
 said, that although the gang of his young companions 
 consisted of ten or twelve, yet there was not one among 
 them who had courage to enter the hole, after it had been 
 cut ; that they at last forced him in, as he was the least 
 among them ; that he proceeded with fear and trembling, 
 but having succeeded that time in getting a considerable 
 booty, he received encouragement from this success, and 
 soon became an adept. This young man, at the age of 
 twenty, joined in attacking the house of Mr. Faddy, an 
 indigo planter in the above-mentioned Zillah, In this 
 attack either two or three persons were murdered, 
 and Mr. Faddy, and a Mr. Lidiard, escaped only 
 through the generosity of the Sirdar (leader), who 
 Mras afterwards hanged. 
 
302 CONSIDEKATIONS ON THE 
 
 lization their society has given rise to, are 
 here unknown. The passion of love scarce- 
 ly can be said to exist. Indeed, the con- 
 finement of women, and. the manner in 
 which marriages are contracted, have always 
 struck me as a most ingenious device of the 
 Brahmins^ to prevent those favourable ef- 
 fects of female society upon the temper and 
 genius of a people, which have been so 
 strongly exemplified amongst the more for*' 
 tunate nations of Europe. jdi . 
 
 Such restraints have tended to form a 
 character in the women of this country very 
 different from what nature gave them. 
 Gentleness, modesty, fidelity to their hus- 
 bands, affection to their children, and care 
 in their education, with love of domestic 
 comfort and peace, are what we desire and 
 expect to find in women ; and something 
 must be sad,ly wrong, when, instead of these, 
 we find them ill-tempjered, quarrelsome, re- 
 gradless of their reputation, so long as their 
 "i'^xi^ amours 
 
STATE OF INDIA. 303 
 
 amours are concealed, shewing their want 
 of affection for their children by their 
 carelessness about their education, ever li- 
 ving amidst domestic quarrels and broils, 
 and jealous of their husbands, though devoid 
 of affection for them. 
 
 Much have the Brahmins to answer for ; 
 
 nor has Mahommed been more favourable 
 
 ■ 
 
 to his female followers ; but on the contra- 
 ry, the Mussulman women are even more 
 degraded and oppressed. 
 
 ^' The fear of thieves and robbers » pre vent- 
 ing their amassing a little money, and the 
 precepts of their religion, which encourage 
 needless shew and expense at their Poojahs, 
 weddings, and other ceremonies, as well as 
 the unrestrained gr^-tiiication of their appe- 
 tites, may, perhaps, be the leading causes 
 which have made all the Ipwer clas- 
 ses of the Bengalees spendthrifts. They do 
 not know what it is to keep money ; and 
 
 when 
 
304 CONSIDERATIONS ON THE 
 
 when the day of adversity comes, they are 
 totally unprovided. Their love of shew is 
 excessive, and indulged at all hazards. Tq 
 enjoy one day of religious pomp at a Poojahy 
 the Bengalee will run himself into a debt 
 which years cannot pay ; and if the Priests 
 are well fed, it is no matter if his family be 
 left starving. 
 
 In their constitutions, though very 
 healthy, the lower or.ders have but httte* 
 bodily strength, and no spirit or energy'OT 
 mind. Their natural disposition is peace- 
 able. They are neither quarrelsome nor 
 revengeful. When they do quarrel, the ut- 
 most pitch to which they ever proceed, is 
 that of venting their anger towards each 
 other in epithets of abuse, addressed to the 
 person himself, and often including his 
 whole family, particularly the female branch- 
 es. They are, in general, humane, thougfi 
 most of their acts of kindness are confined 
 to their own cast. The institution of cast^,, 
 however^ does not prevent their being hos^^ 
 
 ^.r, « ,^ pitable 
 
i 
 
 *^ STATE OI* INDIA* S05 
 
 pitable to travellers and strangers; but 
 these must not encroach upon their preju- 
 dices. If the stranger is of the same cast 
 with the host, he will often be permitted to 
 eat with his family ; if not, he will still be 
 fed, though in a separate place ; and it is 
 not uncommon, within the saaie court or 
 Compound, as it is called, which includes 
 the different little huts of a Bengalee fami- 
 ly, to see a room set apart for the enter- 
 tainment of strangers.* One of the best 
 ' Lkm? doctrines 
 
 * Id the cold season of 1809, I was riding from Nat- 
 tore to Moorshedabad ; but having no attendant with 
 mfe, alid losing my way, I was benighted at a small vil*. 
 la^e near Bhugwangola. I found all the people very ci- 
 vil, and having told them that I had lost ray way, they 
 condubted me to the house of the Thannahdar^whoy with- 
 out knowing who I was, received me very kindlj, gave 
 me a good dinner of curry and rice, and Hindostanee 
 bread, and at night made ready his palankeen for me to 
 sleep in. In the morning, as my horse was very much 
 tired, he mounted me upon his own, and sent a man to 
 shew me the way to the next stage, where I had another' 
 r^tfOL, I. X ^oi**e 
 
306 CONSIDERATIONS ON THE 
 
 doctrines in their religion is that which in*' 
 sists on the necessity of shewing hospitali* 
 ty to strangers. ^' Thoushalt be hospitable 
 *^ even to thine enemy ; the tree doth not 
 *^ withhold its shade even from the wood- 
 ^* cutter ; the moon doth not withhold her 
 *^ light even from the cottage of the Chini' 
 ^^ dala^ As far as I have had opportuni- 
 ties of observing, I do not think that they 
 are cruel to animals, although this has been 
 alleged of them.* They have a wonder- 
 
 ' ful 
 
 horse stationed. At another time, shortly after this, 1 
 lived at the house of a Modee (grocer) for four days, and 
 was treated with the greatest kindness and attention. 
 Hospitality is said to be rather on the decline at the pre- 
 sent day ; but although 1 have been repeatedly in the in- 
 terior of the country, and have been in the habit of going 
 about at a distance from the place where I was stationed, 
 often during the night, and always without attendants, 
 I have never found the natives wanting in this virtue, 
 as long as one did not trespass on the privilege of cast. 
 
 * See Mr. Ward's Account of the Hindoos. I sfroSId, 
 however, in this instance, be inclined to differ from Mr* 
 
 \mtom!R^i4jiAfi .Oils tilfv* .^r *. 
 
 W ARl> 
 
STATE OF INDIA. 307 
 
 fill command over their temper ; they are 
 steady in their devoted regard for their reli- 
 gious leaders, bad as those are. Their regard 
 and affectionate attention to all their aged 
 and poor relations is also a good feature in 
 their character. 
 
 This amiable feature of charity and affec- 
 tion ought, in my estimation, to ^' cover a 
 *' multitude of sins ;" and, in enumerating 
 among the virtues of the Hindoos, those of 
 charity, temperance, mildness, hospitality 
 X 2 and 
 
 Ward in his opinion of the native character. A stran- 
 ger, passing through the streets of London, and seeing 
 the conduct of draymen andhackney coachmen to their 
 horses, would not surely be justified in forming an opi- 
 nion that the English are generally cruel to animals. 
 Those who live by the labour of cattle, become habitua- 
 ted to view their sufferings with indifference ; but among 
 the Hindoos, their natural abhorrence to shedding the 
 blood of animals, is enforced by the precepts of their re- 
 ligion. The doctrine of the Metempsychosis has had its 
 effect in forming the mild and humane character of the 
 natives towards animals, and even towards each other. 
 
308 CONSIDERATIONS ON THE 
 
 andaffectlon, I am desirous that they should 
 be set against the many vices noticed i|:^: 
 this Chapter. The character of the natii^ 
 will not then be found to sink so low in the 
 scale of comparison. It is, indeed, difficult 
 to reconcile the existence of so many cojxp^ 
 trary qualities in a people ; but the fact is 
 undoubted. It must also be recollected, that 
 in treating of the causes of delinquency a- 
 mong the natives, I have necessarily been 
 more particular in the enumeration of their 
 vices, in which these causes originate, than 
 their virtues. This one virtue of regard 
 and affection to relations, is what I have re- 
 peatedly witnessed, and often has it induced 
 me to love and respect the natives with all 
 their faults. ^^ Therefore, a son bego|tei^.by 
 ^^ him shall relinquish his own property, and 
 ^^ assiduously redeem his father from debt, 
 *' lest he fall into a region of torments.*" 
 
 Such 
 
 * '* The ample support (says Menu) of those who are 
 entitled to maintenance, is rewarded with bliss in hea- 
 ven; 
 
"^^iTATE OP INDIA. 309 
 
 ^%fii!ft ^a^ygfl^ ^r these, inculcating the 
 duties of sons supporting their fathers, and 
 of union among the members of the same 
 family, have had an excellent effect ; and 
 it' is the acknowledged duty, as it is the 
 constant practice, of every Hindoo (who is 
 sufficiently fortunate to obtain by his ex- 
 ertions a means of livelihood) to maintain 
 his needy relations, until they can other- 
 wise provide for themselves. In the houses 
 of both the rich and poor, this is very re- 
 markable ; and we must be struck with the 
 fact, that, excepting objects of incurable 
 disease, the number of begging poor in this 
 country is wonderfully small. 
 
 i^^ -their food, the natives are generally 
 sparing and temperate ; they are cleanly in 
 
 x3 i V tbeir 
 
 v€«Vlm^ hell is the portion of that man whose family is 
 afflicted wfth pain fcy' his neglect; therefore let him 
 maintain his family with the utmost care.-^ <>* ijsIiiJn^ 
 
 S19T 
 
310 CONSIDERATIONS ON THE 
 
 their personal habits, though slovenly to a 
 degree in the internal management of their 
 
 houses. ''^ -■^-■'^■- .;... ,,Ur:(ii>)(l|kil.:^tU. 
 
 ■ ^«^i-^- '■'- --fLim) 
 
 Even the worst of them have certainly 
 some indefinable ideas of honour; and 
 though they have very httle regard to 
 principle, in general, and will mislead and 
 defraud us in money transactions, and, in- 
 deed, in many other situations, yet it is 
 extraordinary, that when received into our 
 houses, and having the various articles, 
 whether of money, jewels or plate, once 
 made over to them in charge, there is no 
 country, I believe, in the world, where fewer 
 instances of dishonesty are to be found. I 
 have reason, however, to think, that this 
 quality is decaying. To find out the causes 
 of this, and to prevent their further eflfects, 
 would be a difficult, though most important 
 task. I am well convinced, that the na- 
 tives have no gratitude j and if their ho-* 
 
 jpesty 
 
II^HBTATE or INDIA. 311 
 
 nesty took its origin in their fear of the 
 European character, at that period when 
 the rapidity of our conquests had rendered 
 even our name terrible, there is no doubt, 
 that this fear must gradually decrease, by 
 a more close intercourse with different ranlis 
 of Europeans, in that comparatively im- 
 proved state of internal peace which the 
 country at present enjoys. It is sad to 
 think, that so good a cause should have so 
 bad an effect. 
 
 ^•v I have enlarged the more on the subject 
 of the native character among the Benga- 
 lees, because on an intimate knowledge of 
 
 ;it alone can any system of police, or for 
 the administration of justice, civil or cri- 
 minal, be founded, which shall be attended 
 with success ; because it is to our ignorance 
 of this character, that I ascribe the desire 
 that has always existed, of in-troducing a 
 system purely English, where such a system 
 
 mm X 4 never 
 
312 
 
 CONSIDERATIONS ON THE 
 
 never can have effect or energy, except 
 under modifications which will make allow- 
 ance for habits and prejudices that can 
 hend to no law which is not of a divine 
 origin, for on what the natives believe to 
 be divine laws are these habits and preju- 
 dices founded, ^m'-s.. 
 
 ttAaV' 
 
 €^^€K)3ii 
 
 %d3.if^'i- 
 
 I0i^'.> 
 
 m6u ' dv^-»i^-i^ ^3i^f^J%i\M'hK'> 
 
 :-;fio ^lac 
 
 10 vioifeivui a-,;.d mi\ • ■ 
 
 ^^.^l*^:,;l 
 
 'iyt. .ti:K<^s^.i\\\\^ :-i^^^ a ^^ ^ - •' , =. 
 
 ,H1HAJ . 
 
 
 iEKOK^l*' 
 
 
 -n-CHARIV^ 
 
 .|if ^.-:?'- ^^. 
 
 -vu* J ^rj^^ 
 
 ^f-r ;^<^•v vi ^ 
 
 ' jij jUi;^\iim 
 
 mm ^m'W% '■':'''■ ~ 
 
 ! . / J yi^/* 
 
 ^itiJ' 
 
 ii^i^ 
 
 -0^H''^0^'^^^r^-^ - 
 
 uu M4 
 
 biij* V 
 
 r^ ,.;i 01 rtDd3 
 
 di^^dl.^^iu^ti^^.^'^uu ;; 
 
 ^itiddo.' 
 
 .diiliio sisijuoo gpomi^' i& 
 
 oj ttioJiJi oa ^i 
 
 ^^VnsR ^* 
 
 
an 'STATE OF INDIA. »"► 313 
 
 .ir^cy^dto. CHAP. IV. HM: 
 
 SECOND CAUSE OF DELINftUENCY, VIZ. POVERTY 
 OF THE LOWER ORDERS, FROM THE OPPRES- 
 SION OF THE ZEMISTDARY SYSTEM, AND MORE 
 PARTICULARLY FROM THE SUB-DIVISION OF 
 LANDED PROPERTY UNDER THE IJARADAR, KOT- ' ' ' " 
 KINADARS AND DUR-KOTKINADARS, ^<^/cfCc. 
 
 Ctreat poverty among the lower orders in 
 every country has an immediate effect in 
 multiplying the nuniber of petty thieves ; and 
 wheretheboundsof the moral principle have 
 been once overstepped, however trivial the 
 first offence, the progress is easy from petty 
 theft to the greater criu)es of burglary and 
 robbery. The character onc^ gone, there 
 U no return to a virtuous course of life. 
 
 ^^ FaciUs 
 
314 CONSIDERATIONS ON THE 
 
 ^fFacilis descensus Averniy sed revocare 
 .'f gradum,'--hic opus, hie labor:'.^,,, ^1^334^ 
 
 .. Poverty, or according to the definition 
 of writers on police, indigence^ may thus be 
 said to be the nurse of almost all crimes^ 
 To find out the causes of poverty, and to 
 attempt their removal, must, therefore, be 
 the chief object of a good police ; for, in 
 eyery case, the prevention of crimes is bet- 
 ter than their punishment. .^H*tf %^iy#: 
 
 One great cause of delinquency in Ben- 
 gal may, I think, be traced to the unequal 
 division of wealth among the higher and 
 middle classes, excluding by far the greater 
 part of the community, — the peasants and 
 manufacturers ; and this unequal division 
 appears to me to be chiefly caused by the 
 qomplete change which our Government 
 has made in the condition of the Ryots ov 
 actual cultivators of the soil ; I mean, by 
 throwing the landed property into the hands 
 
STATE OF INDIA. 315 
 
 of the Zemindars. This change was, in- 
 deed, made with the best intention, that of 
 improving the condition of the natives, 
 while it secured to our Government a fixed 
 revenue in perpetuity, without loading it 
 with the expence and trouble attending the 
 collection of such revenue. It was, indeed, 
 an arrangement of political convenience ; but 
 there is not a doubt, but those who made it 
 entertained a belief that it would greatly 
 improve the condition of the peasants. 
 
 In conducting the affairs of India, and in 
 our different arrangements for the improvie- 
 ment of the condition of its inhabitants, if 
 we think as Europeans, and apply Euro- 
 pean principles, we shall inevitably err. 
 There is not onlv a wide difference in the 
 ancient form of government and the land- 
 tenures of the two countries ; but in the 
 character and disposition, the* religion and 
 manners of the inhabitants of each ; and it 
 is vain to expect, that the application of the 
 ^ same 
 
316 CONSIDERATIONS ON THE 
 
 feM3"principles is to be attended with the 
 Same effects in Bengal as in Europe, ^W<i^ 
 
 The generous and open disposition of' ab 
 Englishman, incHnes him to ascribe to 
 others the same worthy motives of conduct 
 by which he feels himself influenced; and 
 that distinguished Statesman, who made the 
 arrangement of the perpetual settlement, 
 expected, as a natural consequence of that 
 settlement, which divided the country into 
 large estates, and gave the Zemindars a per- 
 petual iriter^st in them, that they would 
 study the improvement of their lands, and 
 depend on this for the acquisition of riches, 
 though at a distant period. This notioil 
 was purely European. The disposition of 
 the Bengalee is rapacious to a degree that 
 lilan hardly be conceived, and the Zemindars 
 Ar^Te, with one consent, adopted the easier 
 method of acquiring wealth, by subdividing 
 iter liinds, and letting them out in farms^ 
 Hf 4h6rt leases, to the highest biddei^o^ 
 
STATE OF INDIA. 31 7 
 
 is evident, that by this system, the grand 
 spring of all agricultural improvement is 
 removed, viz. the enjoyment, on the part 
 of the cultivator, of a life- interest, or at 
 least an interest of a long continuance, ia 
 the land. The Farmer who thus has now 
 but a few years interest in his farm, studies 
 to make the most of it, and, copying his su- 
 perior the Zemindar, lets out his farm ia 
 small portions to under-farmers, at an a4* 
 vanced rent. Successive sub-divisions, to 
 an unliuiited extent, thus enhance the rent 
 of the land, and it at length falls on the ac- 
 tual cultivator, with a weight which for ever 
 crushes all hopes of gain. The lands are 
 pushed to the utmost ; the crops are seized 
 by one or other of these rack-renting har^ 
 pies ; the peasant lives for a while on^ tjj€f 
 money of a Mahajun (or money lendei:)^^ anS 
 when, at length, he is pressed on.^,^ 
 sides, he takes advances from differep^ 
 indigo and silk factories, which he wi^lj 
 knows he can never pay ; he is nowiii^i^ 
 rassed by his landlord, by his Mahajun, by 
 
 the 
 
318 CONSIDERATIONS ON THE 
 
 the Gomashtas and officers of the factories; 
 he must either flee the country or steal, to 
 enable him to find subsistance. Attachment 
 to his native village, perhaps the strongest 
 principle in the Bengalee character, induces 
 him rather to become a thief in his own 
 country, than to flee to another where he 
 has but little chance of success. This is 
 no exaggerated picture ; I have frequently 
 seen it realised. n - 
 
 We are here, certainly, treading on very 
 delicate ground ; in getting on the grand 
 question of the Zernindaree tenures of In- 
 dia, which has been so often and so keen- 
 ly discussed. I have no wish to enter into 
 a long detail, or to weigh the merits of the 
 arguments brought forward on both sides of 
 this question ; but, in mentioning efl[ects, it 
 is difficult entirely to separate them from 
 their causes,„and there is perhaps no impro- 
 priety in stating an opinion regarding an ar- 
 rangement which is now decisive. For if it is 
 
 . u a bad 
 
HH STATE OP INDIA. 3f9 
 
 a bad arrangement, although we may not 
 have it in our power entirely to remove it, 
 we are yet fully entitled to remove those 
 abuses originating in its introduction This 
 right still remains with Government, from 
 the reservation left to it in that clause of the 
 Regulations, which provides, " That nothing 
 *' specified in these Regulations is to inter- 
 ^^ fere with the right of the Governor-Gene- 
 *' ral in Council, to enact at any future pe- 
 " riod such laws as he may deem proper for 
 " the improvement of the condition of the 
 " Bjiots or labourers of the soil.'^ Diijriifofi 
 
 I conceive that the Zemindars had never 
 any other right or property in the soil, than 
 what they usurped in their capacity of co/- 
 lectors of the revenue for Government : 
 That property in the soil was vested, first, 
 in the Sovereign, as absolute Lord; and that 
 the right of possession under the sovereign 
 lay with the peasants, or actual cultivators 
 of the soil, subject, however, to a rent in 
 Had c monev 
 
320 CONSIDERATIONS ON THE 
 
 money or produce, payable to the sovereign : 
 That the sovereign in most cases collected 
 this rent by means of intermediate agents 
 or colleclors^ which collectors, from their si- 
 tuation, were possessed of very great influ- 
 ence over the Ryots : That an allowance of 
 land was made them by way of salary ; and 
 that besides this allowance, the extent of 
 which they increased by unwarrantable 
 means, thev were often Farmers of the whole 
 revenue collected from the district under 
 their charge, stipulating with government 
 for a certain sum only, but (owing to the la^C- 
 ity of government) often collecting from the 
 Ryots whatever they chose : That their offi- 
 ces w^ere generally, though not necessarily," 
 hereditary , and that, possessing this infl#^ 
 eiice, they had assumed the rights of pihd^ 
 prietors ; they were, however, mere servdfits 
 of the prince, who could^/2^, imprison^ or 
 at any time dismiss them from their offices : 
 That to constitute these offices, a sunnud 
 or commission was always necessary : That ' 
 
 so 
 
IHT V^STATE OP INDIA. 321 
 
 SO far from being similar to the great landed 
 proprietors of Europe, the Ryots or pea- 
 sants of the several estates or districts under 
 their charge, have always possessed^ and to 
 this day, in many places, exercise, the right 
 of disposing of the lands by sale, gift, mort- 
 gage, &c. without even a reference to these 
 Zemindars, — a right which few landed 
 proprietors in Europe would be willing to 
 acknowledge in their tenants. h-Riii59tti 
 
 To this account of the state of landed 
 property there Were indeed exceptions ; the 
 prince having the power of giving land as a 
 ifa/ooA; or separate estate, and rent-free, uor 
 der the various denominations of Lahraje^ 
 Jagheer, Birt, Birmooter, Aymah, Mududr^ 
 mash, Altumgah, Sfc. These were presents 
 of land to individuals, either for services re- 
 ceived, for religious purposes, j^.5pS)n|hft> 
 prince's will or caprice might dictate ; (^^ 
 such power on the part of the princej^^pff 
 
 pears to me a sufficient proof that ijfeacJS^So 
 VOL. I. Y the 
 
322 CONSIDERATIONS ON THE 
 
 the first and absolute proprietor of the 
 soil. 
 
 To those who are interested in this sub- 
 ject, I recommend the perusal of the follow- 
 ing books : Colonel Paton's work, entitled 
 *^ Principles of Asiatic Monarchy/' but 
 which might be more properly called a Trea- 
 tise on the Land-tenures of the East. Mr. 
 James Grant's Treatise on the same sub- 
 ject. Mr. Law's book, entitled, *' A Sketch 
 " of some Arrangements in Bengal^" pub- 
 lished in 1792. Mr. Coi^ebrooke's "Re- 
 *^ marks on the Husbandry of Bengal." 
 Mr. E. Colebrooke's *^ Supplementary 
 " Volume to the Digest of the Regulations;" 
 and Mr. Harrington's " Analysis.-'*^ ,. 
 
 It 
 
 * Since writing this chapter, I have received much in- 
 teresting information on this subject from the perusal of 
 the 6th chapter of Colonel Wilks's History of the South 
 of India, aud from the Fifth Report of the Committee 
 of the House of Commons ; which Report I strongly 
 
 recommend 
 
STATE OF INDIA. 323 
 
 It would be very tedious, and perhaps at- 
 tended with little advantage, to give an ab- 
 stract of the arguments used by these gen- 
 tlemen. I shall rather devote a short space 
 to the enumerating those various changes 
 which took place previous to this our last 
 arrangement^ by which we gave the country 
 to the Zemindars. 
 
 The former state of the country, as ^ well 
 as its present condition, ought both to be 
 known to the Judge and Magistrate, who 
 seeks to improve the condition of the peo- 
 ple. Indeed, he cannot make his reading 
 and researches too general on these subjects, 
 as many arrangements in police are intimate- 
 ly connected with the land-tenures, the re- 
 
 Y 2 venue. 
 
 recommend to the perusal of all those who are interest- 
 ed in the affairs of India, as containing a most enlight- 
 ened, impartial, and candid statement, deficient only, 
 as every European production must be, in a knowledge 
 of minute circumstances. 
 
324 CONSIDERATIONS ON THE 
 
 venue, and the commercial concerns of the 
 country.* 
 
 After noticing these changes, I shall state 
 from my own observation, the effects which 
 have already followed the new system . If the 
 reader of Colonel Paton's work is not suffi- 
 ciently satisfied with his arguments, he may 
 find some new matter in support of his con- 
 clusions, in the former state of things, and 
 the arrangements of Government here de- 
 scribed. For a more full detail, he is refer- 
 red to Mr. Colebrooke's " Digest." 
 
 In August 1769, a covenanted servant of 
 the Company was appointed to each dis- 
 tricts 
 
 * To the Revenue Servant this abstract of arrange- 
 ments will possess manifest utility : — they will afford 
 an admirable code of instructions in his duty, and sup- 
 ply hira with an extensive range of subjects for research 
 when his leisure will permit of such pursuits. 
 
STATE OF INDIA. 325 
 
 trict, and styled a Supervisor. These su- 
 pervisors were ordered to attend to the fol- 
 lowing particular heads of information. 
 
 i'ml^ hi 
 
 Ist^ A summary history of the district. 
 2dy The state, produce, and capacity of 
 
 the lands. 
 3dy The amount of the revenue of the 
 cesses, or arbitrary taxes, and all de- 
 mands made by Government, the 
 dh. ^m ^^^^i^dar or Collector , on the pea- 
 ri,|i=v sant, with the manner of collection 
 
 and gradual rise of each impost. 
 4tkf The regulation of commerce. 
 S/A, The administration of justice. 
 
 1*^, " A summary history of the district or 
 ^^province.'' — Here they were ordered to at- 
 tend to its former and present constitution. 
 An account of its possessors and rulers ; 
 revolutions in their families; their particu- 
 lar rights, customs, and privileges, "l"^^^ <' 
 
 y 3 2rf, The 
 
326 CONSIDERATIONS ON THE 
 
 2rf, '' The state, produce,^aiifftdpacity of 
 '^ the lands/' — ^tJnder this head they Wfere 
 ordered to attend to the following objects ; ^ 
 
 The procuring a complete hustohood or 
 rent-roll, with original measurements, boun- 
 daries and divisions. The changes which 
 chance, favour, or oppression, may have 
 produced. The Zemindars^ it was declared, 
 had taken and possessed many tracts of 
 land rent-free, on various pretences, and for 
 various purposes.* The abuses in the be- 
 stowal and sale of talooks were remarked as 
 notorious. Charitable and religious dona- 
 tions of land, which successive princes had 
 made3 it was remarked, formed a consider- 
 able part of each district. The supervisors 
 were to examine the terms of jagheers and 
 talooks, the gifts of the reigning power, and 
 
 to 
 _j. ■»— 
 
 * From whom, it may be asked, had they obtained 
 this land, if it was already their own right as landed 
 proprietors ? 
 
STATE OF INDIA. 
 
 327 
 
 to give an account of the land cultivated by 
 contract^ called Khamaa ; the ryottee land, 
 or that cultivated by the peasants, on the 
 spot; and the khas land, which was under 
 the immediate eye of Government.* 
 
 3rf, Under the head of " Accounts of the 
 <' Revenues, Cesses, Arbitrary Taxes,'' &c. 
 they were required to attend to the taxes 
 imposed by the Talookdars, which are here 
 described as serious grievances. The vari- 
 ous unjust demands made by collectors un- 
 y 4 der 
 
 * At this time, then, the land seems to have divided 
 itself into Talooks, the gift of Government; charitjr 
 lands, the gift of Government ; Jagheers, the gift of Go- 
 vernment; XAflslands, or those under the immediate ma- 
 nagement of Government; Khama lands, cultivated by 
 contract with Government; Rj/ottr?/ lands, paying rent 
 to Government, and cultivated by the occupying pea- 
 sants ; and that portion which the Zemindars had appro- 
 priated to themselves, on various pretences, and for va- 
 rious purposes. At this time, certainly, we do not hear 
 of their pretending to be the great landed proprietors. 
 
328 CONSIDERATIONS ON THE 
 
 der the denomination of Aurnils or Zemin* 
 dars^^^^^ by their petty officers, without co- 
 lour or licence from Government. They 
 were to check the abuses in the conduct of 
 . DarogaSf Culwals, aud Paicks. They were 
 to fix the amount of what the Zemindar re- 
 ceived from the Byot, as his income or emo- 
 lument; and in this the Zemindars were 
 said to exceed all homids of moderation^ 
 and to take advantage of the insufficiency 
 of the restrictions upon their conduct,* 
 
 They were finally to assure the Ryots, 
 that they would stand between them and the 
 hand of oppression; that they would redress 
 their wrongs ; that the calamities they had 
 suffered had proceeded from an interme- 
 
 diate 
 
 * Such observations could scarcely be made regard- 
 ing the management of their own estates by the great 
 landed proprietors^ although they convey a most just 
 description of the Collectors or Zemindars. 
 
STATE OF INDIA. 329 
 
 iUiite^^a^e^l)/iindthat, after paying the legal 
 dues of Government^ they might rest secure 
 hi the enjoyment of the remainder,* ^^^ ' ' '; 
 
 Here was a solemn promise made on the 
 part of Government, that they would pro- 
 tect the Ryots against the oppression of the 
 Zemindars, How far this promise has been 
 fulfilled, the present state of the country, 
 and the condition of the peasants, fully 
 shew ; and when we are told that Govern- 
 ment have pledged their word, and that no 
 infringement of the new system can now 
 take place, it may be asked*, whether there 
 did not exist a previous promise and pledge, 
 in the redeeming of which our honour, as a 
 nation, is most materially involved ? 
 
 4thy Under 
 
 * What, it may be asked, was this intermediate cause, 
 and who were the oppressors of the Ryots^ unless they 
 were the Zemindars^ whose rapacity has already been 
 described ? 
 
330 CONSIDERATIONS ON THE 
 
 Athy Under the head " Regulations of 
 •' Commerce," they were ordered to attend 
 to the abuses practised by public and pri- 
 vate agents, also to the knavery of the Py- 
 kars and Dulals (brokers,) who preclude the 
 access of the JRyots and manufacturers to our 
 tribunals : To the increase and decrease of 
 manufactures, and the price and quality of 
 the goods, as well as the taxes and other re- 
 straints : To the different channels through 
 which the various manufactures have beeq 
 diffused : To the proportions sold to the Eng- 
 lish, French and Dutch, as well as other fo- 
 reign and native merchants : To the rise 
 and fall in the demand on each article. 
 
 They were required to abolish the imposi- 
 tions of Gjomashtasy Pykars, Dulals, and the 
 whole chain of agents, between the loom of 
 the manufacturer, and the ultimate market 
 of the merchant or exporter ; so that clan- 
 destine agreements might no longer ex- 
 ,ot bnc ,89«irBO hua ^m ist, 
 
STATE OP INDIA. 331 
 
 ist, ^^ to the utter destruction of the poorer 
 classes. '' . ij^',^^i., .y-^i,- . 
 
 5th, Under the head, " Administration of 
 ^^ Justice," they where to direct their atten- 
 tion to the effects which the original cus- 
 toms, and degenerate manners of the Mus- 
 sulmans had produced, in confounding the 
 principles of right and wrong. The admi- 
 nistration of justice had become a source of 
 mere revenue to Government, and gain to 
 the individuals employed in it. All crimes 
 had their fixed prices of absolution, and 
 even murder was pilnished by a fine. The 
 supervisors where ordered to enforce justice, 
 and not to allow of fines : To recommend 
 arbitration in cases of disputed property. 
 Under the native governments, few if any 
 records or registers where to be found of 
 causes decided. It w^as thus difficult to im- 
 peach the decision of a judge ^t any after 
 period. They were, therefore, ordered to 
 keep records of all trials and causes, and to 
 
 transmit 
 
332 CONSIDEEATIONS ON THE 
 
 transmit one copy to Government, by which 
 all sentences in capital cases were taj3,e„cgpr 
 
 * These were the objects of inquiry pointed 
 out to the supervisors, and instructions were 
 at the same time given them, regarding the 
 method of conducting their inquiries. These 
 instructions correspond with the separate 
 heads above mentioned ; and as they are in- 
 teresting to the judicial, and most useful to 
 the revenue servant, I shall give a short ab- 
 stract of them, referring the reader for a 
 fuller account to the able Minute of Mr. 
 Verelst, recorded in Mr Colebrooke's 
 Uigest. „ . .^i. 
 
 3i\. o.t be- tlistory of the Province, mtinw 
 ./^i Will- -L ^m-.^A^i 
 
 They were ordered to go no farther back 
 than the reign of Shujah Khan, as no alte- 
 rations had then taken place in the bounda- 
 ries and divisions of the provinces. Where 
 the records in {he public cutcherries or offi- 
 ces 
 
STATE OF INDIA. 333 
 
 ces were found faulty, mutilated, or altoge- 
 ther deficient, they were to refer to the best 
 living authorities, taking care to avoid draw- 
 ing information from interested persons, or 
 those whose opinions might be tinctured 
 with the prejudices of education, habit or 
 superstition. 
 
 The State, Produce, and Capacity of 
 . the Lands. 
 
 Here in forming the hustohood or rent- 
 roll, they were ordered to make use of the 
 rent-rolls of the Zemindars or Collector^ 
 only as affording an access to farther infor- 
 mation. These records were declared to be 
 false, and made to deceive Government re- 
 garding the collections. They were to use 
 them as a light, by which to discover the de- 
 gree of oppression which the multiplication 
 of Collectors had brought upon the Byotsiy 
 
334 CONSIDERATIONS ON THJ3 
 
 They were next to proceed to an actual 
 survey and investigation upon the spot, of 
 the quantity of land, and the rents paid. 
 For this purpose they were to demand from 
 the Zemindars or head Collectors the husto" 
 hood of the whole, also from each of the 
 smaller cutcherries of the under Collectors^ 
 however insignificant, a hustohood^ and the 
 joo^/aA^ or leases delivered to each i?yo^, con- 
 taining the amount of land given to each, 
 and the rent paid. By comparing these 
 smaller divisions with the general hustoboods 
 of the Zemindars or Collectors, they were to 
 find out their deceptions, and ascertain the 
 real state of the country and its revenues. 
 They were also to cause a measurement to 
 be made wherever the accounts were sup- 
 posed to be fallacious ; *^ that no collusion, 
 " on the part of the Zemindars or Collectors ^ 
 *^ might retard or counteract these import- 
 ** ant inquiries, and they were to hold out 
 '* to them the fear of losing their Zemin- 
 " rfaree^ or employments. 
 "" They 
 
STATE OF liNDTA. 335 
 
 They were then to bring home the mat- 
 ter to the Zemhidars. By comparing ihehus- 
 tohoods given in by the Zemindars at three 
 different periods, viz. the reign of Shujah 
 Khan, Alia Verdi Khan, and the present 
 time (1769^, with those obtained from the 
 smaller districts or divisions, the quantity 
 of the land which the Zemindars had usurp- 
 ed from Government would be seen. The 
 fraudulent practices of the under Zemindars 
 or Collectors y were also to be exposed, by a 
 comparison of their hustohoods with the 
 pottahs or leases of the MyotSy and with the 
 results of actual measurement. All lands 
 found to have been thus illicitly dismember- 
 ed were to be immediately resumed, and 
 annexed to those of Government. 
 
 Besides lands thus usurped, notice is also 
 taken of the lands allowed to the Zemindar 
 rent-free, as possessions to supply his family 
 with the necessaries of life, under the dif- 
 ferent denominations of Nee%jote^ Nankar^ 
 
 8fc, 
 
336 CONSIDERATIONS ON THE 
 
 Sfc. and it was stated, that there was just 
 cause for the behef, that they had made use 
 of their power as a cover for the appropria- 
 tion to themselves of the lands of Govern- 
 ment. 
 
 They were to redress the abuses practised 
 by the Zemindars, in collecting provisions 
 for their families and dependants, (termed 
 seedee) ; in imposing taxes on the Ghauts 
 and markets, in demanding gratuitous la- 
 bour from the peasants, and in levying an 
 arbitrary discount on rupees, called Batta. 
 
 They were to call on all persons, to deli- 
 ver in, on pain of forfeiture, correct state- 
 ments of the lands possessed by them as 
 Jagheers, talooks, or religious donations. 
 These, except in cases where they were con- 
 firmed by the Nabob, were to be forfeited 
 to Governn^ent. The frequent grant of ta^ 
 looks, it was stated, had been injurious to > 
 the country, by confining the population to 
 
 thoS6 
 
I 
 
 STATE 0!P IK1>I a . 35f 
 
 those small favoured spots where the pea- 
 sants were more lightly taxed than their 
 neighbours, and every encouragement held 
 out to entice them to cultivate these lands 
 to the prejudice of the rest of the country. 
 The supervisors were, therefore, ordered to 
 detect all flaws or impositions in the talook- 
 darj/ a,ud other sun7iuds, and to report them. 
 They were to appoint a day for the registry 
 of all sunnuds or grants, and to distinguish 
 where jagheers had been granted for the pe- 
 riod of the occupant's life, and where they 
 were to be hereditary. They were to in- 
 vestigate the causes which led to the multi- 
 plication of the khas lands, or those lands 
 which, from the mismanagement of the far- 
 mers, had reverted to Government, and,, 
 were managed by it. Public notice was to 
 be given, that the Government was ready to 
 let those lands out in farms, for two, three, 
 four or five years, at a gradually increasing^! 
 rent. After five years, they were to pay ^\ 
 the same rent as the other lands. /aapo;> jd^ 
 VOL,. I. z The 
 
838 CONSIBEBATIONS OW THE 
 
 The comar lands were generally cultiva- 
 ted by occasional and temporary contracts 
 between the Zemindar and the Ryots, The 
 tenor of the agreement was commonly one- 
 half for the Zemindar^ the other for the J2y- 
 ot ; but the Zemindar had been guilty of 
 great oppression to the Ryot^ and fraud to 
 Government in taking more than his share, 
 and concealing these gains, as well as the 
 just proportion due to Government. They 
 were to encourage the poor and idle in the 
 neighbourhood of the great towns and vil- 
 lages, to resort to the comar lands, and 
 convert them into ryo^/y. I'm^mt- 
 
 Regarding the ryotty lands (or those in 
 regular cultivation by the peasants on Pot- 
 iahs or leases,) they were to make small 
 trials of the actual produce of particular 1 
 parts, and then for mi an opinion of the ca- 
 pability of the whole. This might be fur- 
 ther checked by a comparison with the pro- 
 dace 
 
* STATE OF INDIA. 339 
 
 duce of the comavy talookdaryy jagheer^ 
 and other lands. 
 
 It was the interest of the Zemindars, when 
 any tract of land had been reported waste, 
 never again to let it appear in the books of 
 Government, but when brought into culti- 
 vation, to appropriate it to their own use. 
 All such lands were to be resumed. 
 
 They were to attend, then, to the arbitra- 
 ry taxes or cesses imposed by the Zemindars 
 and under-collectors. The pretexts and ar- 
 tifices made use of by the Zemindars were 
 said to be innumerable. If a marriage took 
 place, the peasant was taxed. If a child 
 was born, an honour conferred, a luxury in- 
 dulged in, or a fault committed, he must 
 pay for it to the Zemindar. They were to 
 obtain information on this head* from the 
 JRyots; and to get an account of the number, 
 pay, and distribution of the JDarogas, Paicks, 
 and Cutwalsy who were well known to exact 
 z 2 provisions 
 
340 CONSIDERATIONS ON THE 
 
 provisions and money from the Ryots under 
 various pretences. These were to be put oa 
 an estabHshed allowance, wherever it could 
 be done, instead of granting them land, 
 which conferred power, and which was 
 abused. 
 
 They were to make out a list of Ghauts 
 and markets, with the various taxes, legal 
 and illegal, which were levied on the pea- 
 sants and dealers. They were to ascertain 
 the extent, value, and quality of the exports 
 and imports of the Ghauts and markets 
 bounding the province, and by this means 
 to ascertain what commodities each province 
 could spare to its neighbours, or to general 
 commerce. 
 
 Having collected these materials, tliey 
 were thefi to form a complete hustohood or 
 rent-roll, and to give a detailed statement 
 of the divisions, boundary, extent, produce, 
 quality, and rent of all lands in the pro- 
 vince^ 
 
STATE OP INDIA. 341 
 
 viMfe!J bf the cesses or taxes, the price of 
 commodities, of labour, &c. ? 
 
 ' .V.I,. 
 
 Hegulations of Commerce/' 
 
 , They were, by inquiries on the spot, con- 
 ducted in a secret manner, and by means of 
 disinterested persons, to ascertain, first, the 
 prices agreed on by the manufacturers with 
 the intermediate brokers, called Dulals, Py- 
 karsy &c. and, secondly, The real market- 
 price, or price of sale. By this means, 
 the enhancement on the price of articles," 
 cdtised by the fraudulent practices of these 
 agents, would be ascertained. They were, 
 on all occasions, to encouragei;he resort of 
 the manufacturers, or their relations, to 
 the markets, and the disposal of their goods 
 without the intervention of agents.* 
 
 I... z 3 Besides 
 
 ♦ In India, the first sale of articles generally takes 
 place ^iihehauts or fairs, which are commonly held a 
 ^ ^-^^ short 
 
342 CONSIDERATIONS ON THE 
 
 Besides the per centage here noticed, they 
 were to direct their attention to the sup^ 
 pression of the practice among the agents, 
 of lending out money in advance, and then 
 
 demanding, 
 
 short distance from tlie village of the manufacturer. No 
 great loss of time could therefore be occasioned by their 
 repairing in person (as here suggested) to the markets. 
 The existence of intermediate agency is the bane of In- 
 dian trade. It is universal, extending its influence not 
 only over the public markets, but over the retail trade, 
 and the purchases made in private families ; the person 
 who pays jour servants, and, even where you pay thera 
 yourself, the man most in your favour, receives a small 
 portion from the wages of each. If a Sircar is kept in 
 the house, he has his fees from the tradesmen who fur- 
 nish the necessary articles of food, apparel, &c. Where 
 there is no Siicar, the favourite servant receives this al- 
 lowance. In all purchases from the bazars, or from na- 
 tive shopkeepers, the per centage allowed to your ser- 
 vant openly is two pice, or about a penny in the rupee or 
 half-crown. But this charge is modest, compared to the 
 commission which a competition of tradesmen will en- 
 sure to your servants, where many are anxious for your 
 employment. This shameful practice affects the buyer 
 
 ais 
 
STATE OF INDIA. 343 
 
 demanding, as premium or nuzzerauna^ 
 enormous interest, as well as fines for non- 
 compliance with the agreement. By this 
 means they got the natives into their power, 
 and then preyed on them without mercy.* 
 
 z 4 They 
 
 as w^ll as the seller ; for where a large proportion of the 
 price is given to your servant, as the intermediate agent, 
 the price charged to you must be enormous, or the 
 articles must be bad, or the tradesman must be a loser. 
 
 * This is a very common practice among many of the 
 professions in India. A Sirdar or headman, stands up 
 as agent for supplying workmen of the profession to 
 which he belongs. He receives your advances in mo- 
 ney, and by lending small sums to those who may be ^ 
 in want, or to the dissipated, he has always a number 
 of men whom he can force to work on perhaps one half 
 the wages which he receives from you on their account. 
 He keeps these poor wretches continually in his debt, 
 never settles accounts with them, and if they are at all 
 troublesome, he threatens them with a jail. If in India 
 you wish to go a journey, you are carried by poor half- 
 ttai-iattB starved 
 
344 CONSIDERATIONS ON THE 
 
 „ They were, finally, to inculcate the doc- 
 trine, that agriculture and commerce mutu- 
 ally support each other, and that the great 
 object of our Government was, by a free 
 encouragement of both to render the situa- 
 tion of the Byots easier and happier. 
 
 ^t i'>''^:-rii: 
 
 "^^ Administration of Justice. 
 
 in-:. /-dl 
 
 gThey were to procure registers of all per- 
 sons, whether Mahommedans or Brahmins, 
 who exercised judicial authority in the vil- 
 lages, to make them produce their sunnuds 
 or commissions, and by this means to detect 
 
 impostors, 
 
 • ! ■ . __^^ibn.^ 
 
 starved and grumbling wretches, while you pay to the 
 Sirdar-he^Yer, or into the post office, enormous wages. 
 If you wish for a boat to go on the river, you must 
 send for a Ghautmangee, who receives the money, ahS 
 mans the boat with his owa needy and discontented 
 debtors, half of' whom run away. You can scarce 
 have^ workman of any description without the inter, 
 fer^nce of a Sirdar or agent, This is ^ seribus evilf^^ 
 
STATE OP INDIA. 345 
 
 impostors, as well as to establish a check on 
 those really authorised. They were to 
 check the improper use made by the Brah- 
 mins, whether from pecuniary motives or 
 private spite, of wantonly depriving the 
 Hindoos of their cast. The right of supre- 
 macy in restoring to cast was to be preserved 
 in our hands, as it had been in those of the 
 Mussulman rulers. — Some very excellent 
 general advice followed these instructions, 
 and the whole paper is well worth the at- 
 tention of the reader. 
 
 In forming this and other abstracts of re- 
 venue and judicial arrangements, I have 
 studied to preserve, as far as possible, the 
 language of the original documents, as given 
 by Mr. Colebrooke. There are many im- 
 portant passages in these arrangements, 
 which more particularly merit the attention 
 of the reader who is interested iathequestioa 
 of the Zemindary, tenures. They clearly 
 shew the opinion entertained at that time by 
 one of the ablest of the Company's l^ervants. 
 
 In 
 
346 CONSIDERATIONS ON THE 
 
 In 1772, the Court of Directors removed 
 ^lahomnied Reza Khan from his situation 
 oi Naib Deivan, and stood forth themselves 
 in the capacity of JDewan. The Chief and 
 Council of Revenue at Moorshedabad were 
 appointed to the charge of the office Deiva- 
 nee, and all the Collectors, Zemindars y FouJ-- 
 dars, Tichsildars, officers of Kut cherries ^ 
 JSfaibSy Mundilsy Ryots ^ and others concerned, 
 were ordered to pay obedience to the Board. 
 Its duties were declared to be, 1^^, The ap- 
 pointment of Aumils into the Mofussil: "Idly^ 
 The collection of the Revenues of Districts, 
 and whatever belonged thereto : 3rf/y, The 
 hundohusty or settlement of Pergunnahs : 
 Athlyy The formation of sunnuds, or grants 
 for talooksy jagheers, burmooter^ duveetteVy 
 or other charity and donation lands : Mhly^ 
 The formation of a hustobood or rent-roll: 
 Gthly, The incorporating or separating one 
 district with or from another : Ithly, The 
 V constituting or dismissing Zemindars ^ with 
 ^-the consent of the Nazim : Sthly, The cul- 
 ^^^ tivation of the country, and whatever tends 
 
 to 
 
STATE OF INDIA» 347 
 
 to increase the revenue : Qthly, The cogni- 
 zance of all complaints against Aumihy 
 and Zemindars : lOth/i/, The ascertaining of 
 boundaries, and the adjustment of all com- 
 plaints, excepting those deserving a capital 
 punish iJient: 1 Ith/t/y The issuing of pergiiU' 
 nahs to enforce payment of revenue, and the 
 calling out of the mofussil on the complaints 
 of the oppressed. / 
 
 After the assumption of the Dewany, the 
 Revenue concerns of Bengal were managed 
 by the Company's Servants, constituting 
 different Councils, Boards,ancl Commissions, 
 under various names, and with various suc- 
 cess. Settlements of the Revenue were 
 made for short periods, by way of experi* 
 ment: at one time, these arrangements sup- 
 ported the claims and rights of the Ryots; at 
 another, the authority and influence of the 
 Zeinindars. It is interesting to notice the 
 different arrangements made successively, 
 from the year 1772 up to the year ] 793, when 
 
348 CONSIDERATIONS OJit THE 
 
 the final settlement was concluded with the 
 Zemindars. For each of these seemed to 
 teach us the lesson, that we were as yet very 
 ignorant of the resources of the country, 
 and the condition of the inhabitants. But 
 the reader must have recourse to Mr. Cole- 
 BRooKE^s " Digest/' for information on this 
 subject. It was only my intention to have 
 given those extracts which would be suffi- 
 cient to shew the former state of things V 
 and I have, perhaps, already been too tedr- * 
 ous. I must now proceed to describe tUi^i 
 present situation of the country ; and I anfi 
 afraid, there will not be found that changl?*^ 
 for the better, to which, in forming this final' 
 settlement, the worthy and noble Legislator 
 looked forward with confidence. 
 
 Had the character or the natives' resem- 
 bled that of Europeans, the settlement of 
 1/^3 had thee been the wisest and most be- 
 neficeat tor the country ; but we trusted in 
 the ZemindarSy and they deceived us. 
 
 In 
 
^|:i ySTATE OP INDIA. 349 
 
 In 1793, a proclamation was issued to 
 the Zemindars^ independent Talookdars^ 
 and all other actual proprietors of land"^ in 
 Bengal, Behar, and Orissa, of which the 
 following is the substance. 
 
 The Regulations, passed successively in 
 September 1789, November 1789, and Fe- 
 bruary 1790, for a ten years settlement of 
 the Revenue, had signified to the landhold- 
 ers that such settlement would be made 
 perpetual, if approved of by the Court of 
 Directors. They are now informed, that the 
 settlement has been approved of, and is to 
 ^^S!l?^^ % e^e^- >idw ot ,i^tJ3d •^:>hoi 
 
 ?*-,*-vt J...-.!. 
 
 * In this proclamation, as in all the subsequent reffu- 
 lations of Government, a new language will now be dis- 
 cerned, many of the terms in which, such as Zemindars] 
 Collectors^ actual proprietors^ &c. have ilot yet met witii^ 
 a clear definition among Europeans, and are altogethtfttJCT 
 unknown to the natives, in their new significations.^ ^Jj 
 
350 CONSIDERATIONS ON THE 
 
 This settlement is made with the actual 
 proprietors of lands, viz. Zemindm^s^ Ta- 
 lookdarsy &c. 
 
 Those Zemindars and independant Ta* 
 lookdars, whose lands had been taken from 
 them and held khas, are now permitted to 
 regain them, on paying the assessed /wm/na 
 to Government. This assessment is to be 
 made according to existing regulations, and 
 then to continue fixed for ever. As the set- 
 tlement is highly favourable to the Zemin- 
 dars, independant Talookdars, &c. they are 
 not now, as formerly, to expect any remis- 
 sion of their rents, on account of drought, 
 inundation, or other calamity. aoia 
 
 The Governor in Council reserves to him- 
 self the power ofenaQtingy at a future period^ 
 any regulations he may judge necessary for 
 the welfare Qnd protection ofiheJRyots. The 
 Zemindars are to have no interference in the 
 collection of the 5«yer or internal duties and 
 
 taxes. 
 
r v; STATE OF INDIA. 351 
 
 taxes, should Government, at a future pe- 
 riod, think fit to renew them. 
 
 All lands proved to have been illegal- 
 ly held, and consequently alienated from 
 their former proprietors, shall be assess- 
 sed and managed, as Government may think 
 fit 
 
 The fixed perpetual assessment is not to 
 
 include the allowance made in money and 
 
 land to the Zemindars for maintaining Po- 
 lice establishments. yj^th 
 
 The Zemindars y Talookdars^ and other 
 proprietors of lands, are declared competent 
 to sell^ or otherwise dispose of^ the whole or 
 fart of their estates without applying to Go- 
 vernment, provided such sales or other alie- 
 Bations be made according to the Hindoo 
 or Mussulman law, as the pjarties may be 
 Hindoos or Mahommedans ; provided also, 
 
352 CONSIDERATIONS ON THE 
 
 that the sales be not repugnant to any of 
 our present or future regulations. 
 
 Whenever an estate shall be publicly or 
 privat: ly sold, or where it shall be divided 
 into partitions as independant talooks, such 
 divisionis shall be specified to the Collectors, 
 in order that the assessment be made on the 
 rcNpective shares proportionably to each ; 
 and where the party so dividing an estate 
 shall neglect to notify it to the Collector, the 
 whole estate shall be held responsible. No 
 sale or alienation of land, as a dependant 
 talook, or in farm, shall affect the demands 
 of Government, or free the independant 2«- 
 lookdar ; and he alone shall be responsible. 
 When the estate of an independant Talook- 
 dar, Zemindar, or other actual proprietor, 
 shall be sold in parts, the assessment on the 
 part sold shall bear the same proportion to 
 the assessment on the whole, as that part 
 bears to the whole ; and estates so sold, 
 shall bear such assessment for ever. As * 
 
 the 
 
, Yf STATE or INDIA. 353' 
 
 the assessment has been regulated by thfe 
 actual produce, this actual produce shall be 
 ascertained by the regulations already en- 
 acted, or those which may hereafter be eh- 
 acted ; and vvhere only a part of an estate 
 shall be forfeited and sold, the assessment 
 on the part sold shall bear the same propor- 
 tion to the actual produce of that part, as 
 the assessment on the remainder of the es- 
 tate bears to the produce of such remainder. 
 
 Where a sale takes place of khas lands, 
 all, or a part of which is then in farm or . 
 lease, the purchaser shall receive, during 
 the remaining years of the said lease, what- 
 ever rent the old proprietor was entitled to, 
 under the regulations. The rate of assess- | 
 ment after the expiration of the lease, shall u 
 be specified at the time of sale, and shall 
 continue the same forever. 
 
 When a Zemindar^ Tal&okdar, or other ,.. 
 actual proprietor, shall be in the receipt of *- 
 VOL. I. A a the 
 
354 CONSIDERATIONS ON THE 
 
 the malikhana or tithe of his lands, in con- 
 sequence of their being held khas^ or let in 
 farm by Government, and such proprietor 
 shall transfer by private sale, gift or other- 
 wise, his right to the whole or part of such 
 lands, the malikhana shall be then recei- 
 ved by the purchaser, either from Govern- 
 ment, if the lands be held khas, or from the 
 farmer, if they be let in farm. 
 
 Government, in this proclamation, also 
 signify their intention of forming courts of 
 justice throughout the country, to redress 
 the grievances of the inhabitants. 
 
 The different regulations on the subject 
 of land revenue, which have succeeded this 
 proclamation, have invariably maintained 
 the rights of the Zemindars^ as actual pro- 
 prietors of the lands \ although from the 
 restraints wisely imposed on them by Go- 
 vernment, in specifying the terms and du- 
 ration of their leases, and insisting on their 
 
 making 
 
STATE OP INDIA. 355 
 
 making out these last in writing, their pro- 
 prietary right was for some time rather a li- 
 mited one, according to our European ideas 
 of property. In 1812, however, a regula- 
 tion was passed, permitting them to let out 
 their lands, with or without agreements, and 
 for any length of time they might choose* 
 
 //^ 
 
 This I consider to be the last and severest . 
 blow struck at the ruins of an ancient and 
 
 v-*-' 
 
 ^ 
 
 venerable superstructure, which, founded oa yf 
 
 the rights of the peasant, had stood unmo- - 
 ved during the various changes and vicissi- 
 tudes of the governments of India. 
 
 It is high time, now, that we look to our 
 Courts of Justice, and improve our Police ; 
 for to these alone can the peasants look up 
 for the redress of their wrongs. We have 
 thrown away our power over the land reve- 
 nue ; we can no longer provide for any, 
 emergency by its increase. It might easily 
 be shewn, that we have thrown away our 
 . A a 2 only 
 
356 CONSIDERATIONS ON THE 
 
 only remaining i?esource, at the same time, 
 namely, that arising from the imposition of 
 taxes on commerce. We have, indeed, hu- 
 manely, kept in our own hands the right of 
 redressing the grievances of the poor Mi/ots. 
 But as the energy of our Judicial and Police 
 Establishments will only be in proportion 
 to the expence incurred, the resources which 
 we have left for their maintenance will be 
 barely sufficient. We may, indeed, look 
 forward, with hope, to a future, though dis- 
 tant period, when things shall assume a more 
 pleasing aspect. These Zemindars cannot 
 for ever tyrannize over the Ryots, When 
 their present system of immediate gain, by 
 underletting and subdividing their estates, 
 has ruined the greater part of their lands, 
 and they can no longer find purchasers, they 
 may open their eyes; but, if we consider 
 the character and prospects of those who 
 are gradually seizing on the land in Bengal, 
 and the nature of this speculation of land- 
 holding, we shall find, that a long period 
 
 must 
 
STATE OF INDIA. 357 
 
 must elapse before our hopes of amendment 
 will be fulfilled. In the mean time, vice 
 will gain ground ; and as the measures of 
 Government shall be energetic or remiss, 
 we shall have occasional years of tranquilli- 
 ty, or of theft, Dacoity and murder. 
 
 There is not an indigo planter, who has 
 resided for any length of time in the Mo- 
 fmsil (the interior), who will not vouch for 
 the truth of the following description of the 
 present condition of the peasants, and the 
 oppression of the Zemindars ; but to those 
 among the Magistrates who reside invariably 
 at their Sudder Stations, and only hear the 
 complaints of the IRyots^ through the medi- 
 um oiZemindary Vakeels^ who support their 
 constituents ; oi Aumilay who are in the pay 
 of Zemindars ; and of DarogaSy whose cha- 
 racter would suffer, where they to acknow- 
 ledge that the Ryots wher^ oppressed : 
 To the Courts of Circuit, who only hear 
 what the Magistrates lay before them : To 
 A a 3 the 
 
358 CONSIDERATIONS ON THE 
 
 the Boards of Calcutta, who have their 
 knowledge from the reports of Zillah Ma- 
 gistrates and Collectors, or from papers : To 
 all of these it will appear that I have exag- 
 gerated. However honourable, however 
 upright men in office may be, they will ever 
 be unwilling to allow that their measures are 
 unsuccessful * Were it possible, however, 
 
 that 
 
 * Since writing this Chapter, I was struck with the 
 truth of a passage in the Fifth Report of the Committee 
 of the House of Commons, which I cannot help here 
 quoting, as it seems applicable to the subject. Speaking 
 of the Reports of the Court of Circuit, thej make the 
 following observation : "^ It is hardly to be supposed 
 that in describing the effects ot a new system of internal 
 administration, any of the public servants would lean to 
 the unfavourable side, or, without sufficient foundation 
 transmit accounts which it would be disagreeable to the 
 Government to receive. A communication of this na- 
 ture might be rather suspected of painting- things in co- 
 lours pleasing to the Government, with the view of 
 bringing the wi-iterinto favourable notice ; but no mo- 
 tive can be assigned for a wanton pi^ovocation of resent- 
 ment in a quarter where it must always be the interest 
 of a public servant to stand on favourable ground, by 
 
 misrepre- 
 
STATE OF INDIA. 359 
 
 that Judges in the diflferent Zillahs as well as 
 
 the Judges of Circuit, should occasionally 
 
 visit their Districts incognito, they would 
 
 I be convinced of the truth of this statement 
 
 Were they in person to behold the ex- 
 treme poverty and distress of the peasants, 
 in consequence of the arrangements of the 
 petty landholders and under farmers, they 
 would be shocked with the extent of the 
 evils resulting from the excessive subdivision 
 of property. It is a system, which, con- 
 ducted as it now is in India, calls loudly for 
 redress, threatening in its consequence, not 
 Aa4 S^d^ the 
 
 misrepresentation, or any statement of facts and opin- 
 ions, which the writer does not believe to be accurate and 
 well founded." From this dispositipp to stand on fa- 
 vourable ground with Government, many may feel un- 
 willing to tell them, that their measures are not attend- 
 €d with success ; but it is the want of a nearer inspec- 
 tion of the condition of the Ryols that is the cause of 
 the evil, for 1 am well convinced there is not in the 
 Company's Service a single officer who does not believe 
 implicitly in the Reports he makes to Government. 
 
360 
 
 CONSIDERATIONS ON THE 
 
 the partial loss and impoverishment of some 
 parts of the land, tut the general ruin of the 
 country. , 
 
 This trade of holding lands, and making 
 money by them, has become much more 
 extensive than formerly; indeed, there is 
 scarcely a native, hov^^ever low, who does 
 not boast of his Zemindary, and confidently 
 rest on it his hopes of making a fortune. 
 There are two ways of doing this ; and the 
 one is as commendable and difficult, as the 
 other is iniquitous and simple. 
 
 When the Bengalee has these two before 
 him, his natural laziness and total want of 
 principle do not suffer him long to hesi- 
 tate which to choose. His first thought, 
 therefore, when he purchases a Zemindary^ 
 is not, how he shall improve his land, che- 
 rish and suppprt his Byots, and, by labouring 
 in doing well, procure, after a time, both a 
 fortune and a good name, but how he shall, 
 
STATE OP INDIA. 361 
 
 in a short time, amass a great fortune, and 
 afterwards leave the lands to the next pos- 
 sessor to make the best of their remains. 
 
 Accordingly, we find, that most of the 
 Zefnindars in Bengal give out the lands 
 in farms, and under-farms at short leases. 
 These are termed Ijaras^ Dur-ijaras, Kot- 
 kinas, Dur-kotkinaSy Putnees^ Dur-putnees, 
 Sfc, the terms varying in different Zillahs, 
 There is a difference between the Kotkina 
 and the Putnee Tenure ; but the evil effects 
 of both are the same. By both of these the 
 landholders amass riches^ while the country 
 and the poor peasants are ruined. For ex- 
 ample, a native purchases a Zemindary at a 
 stipulated yearly revenue of 24,000 rupees, 
 (the case is not an imaginary, but a real 
 one); he keeps it during a few months, and, 
 after an investigation of what it is likely to 
 bring him he makes his bargain ; an offer 
 is made him of 29,000 rupees yearly for 
 three years ; he accepts, being a clear gain 
 of 5,000 rupees yearly, without the slightest 
 
 trouble 
 
362 CONSIDERATIONS ON THE 
 
 trouble on his part. The present owner 
 then argues thus with himself: *^ 1 have 
 ^^ taken this Zemindary merely on specula- 
 *^ tion ; after three years, I am to give it 
 '^ back ; but I shall take care to make the 
 *^ best of it, and extort as much as I can out 
 */ of my ryots. To do this in the easiest 
 " way to myself, I will give it out in ten 
 ^Vsmall kotkinaSy at three years lease; those 
 *^ tea Kotkinadars shall pay me 32,000 
 ^' rupees yearly. They may get the money 
 ^' as they like from the Myots. After three 
 *' years, their lease, as well as mine, will be 
 *^ out, and the Byots may then shift for 
 ^^ themselves." These ten Kotkinadars haye 
 the same worthy motive ; and as they do 
 not love much trouble, they generally give 
 ^11 or many of the villages in kotkina again. 
 It now acquires the name of Dur-kotkina, 
 and thus may go through a dozen of hands, 
 the shares b^ing subdivided, the rent being 
 enhanced by each subdivision, and the term 
 changed to Dur-dur-kotkina, Sfc. This 
 enormous advance must at last come from 
 
 t]be 
 
STATE OF INDIA. 363 
 
 the poor Ryots. If they can pay it, so far 
 well ; more they cannot do ; and they mast, 
 therefore, always remain in a state of mi- 
 serable poverty. 
 
 Agriculture can never prosper, while the 
 condition of the actual cultivators is so 
 wretched. Experiments tending to im- 
 provement can only be made by men of 
 someweight and capital, and of liberal ideas. 
 These we formerly had in the head Ryots 
 of the villages; many of them were far- 
 mers of the whole village. All had a de- 
 gree of authority and power. From the 
 care they took of the peasants, and from 
 the improvement in agriculture, their own 
 interest was promoted, and they possessed 
 the affections of the inhabitants who flourish- 
 ed with them. From being possessed of a 
 little capital, they could, and often did suc- 
 cour the distressed, and promoted improve- 
 ments. The place of these valuable men is 
 neither supplied by the Zemindar nor the 
 Kotkinadar^ and they are now mingled with 
 
 the 
 
3|64 CONSIDERATIONS ON THE 
 
 the rest of the Ryots in the s^me general 
 mass of poverty and vice.- 
 
 All these under land-holders have, inde- 
 pendent of the high rent demanded, various 
 means of oppressing the Ryots, and making 
 the best of their lands. Perhaps some re- 
 spectable man has given away at a marriage 
 or otherwise, a small portion of land to a 
 needy dependent, but has not thought it 
 necessary to give him a regular sunnud (or 
 grant). The Kotkinadar^ taking the law in- 
 to his own hands, demands a sight of the 
 title-deeds, and not receiving them, dispo- 
 ses of the land to his own friends. Another 
 poor Ryot, having scraped together a small 
 sum of money, f which, as it is at the pre- 
 sent 
 
 * I perceive from the Fifth Report of the Committee 
 of the House of Commons, that this renting and under 
 renting is described by the Committee of Circuit at 
 Madras, as the immediate cause of the impoverishmerk 
 of the lands. The enormous gains of these under-farra- 
 ers prevent the possibility of the peasants ever gaining; 
 more than a mere subsistence. 
 
STATE OF INDIA. 365 
 
 sent day a miracle, ought the more to be en- 
 couraged), has planted a few trees ; the 
 new Kotkinadar must have 2ijumma or rent 
 for these. A third has a piece of land for 
 many years, calling it ten bigahs ; the new 
 Kotkinadar tells him he must either pay so 
 much, or have his lands measured. The 
 poor wretch well knows what he has to ex- 
 pect from the measurement of a. Kotkinadar ^ 
 and he will rather pay than have his little 
 piece of ground limited, as it may probably 
 contain a few divisions more than was 
 stated, and from the cultivation of which 
 alone he can afford to pay the enormous 
 rent of the landholder. 
 
 In short, their devices for making money 
 are innumerable ; and at the end of their 
 leases, by threats, and by enforcing the se- 
 venth regulation, the very name of which 
 strikes terror into the Ryots, .they compel 
 them to pay their rents. No matter if suc- 
 cessive bad season;S (as was lately the casl^) 
 
 have 
 
366 CONSIDERATIONS ON THE 
 
 have reduced them to the lowest ebb. No ; 
 the lease is hastening to an end, and they 
 must make the best of it, let the consequen- 
 ces be what they may.^ 
 
 The 
 
 * In Zillah Kishenagur^ in the year 1809, the situa- 
 tion of the i?yot<f was reallj shocking. In the month of 
 Bhadoom 1207, B.S. (or ISOl), an immense overflow of 
 the rivers took place ; the crop was then on the ground 
 almost ripe, and was of course totall;^ destroyed. In the 
 month of Assun the waters began to subside, and the 
 natives sowed Kullay Mutter^ &c. (species of vetches). 
 This succeeded, and saved them from immediate want. 
 In 1802 another overflow took place. The crop was 
 then on the ground ripe, and very little of it cut ; the 
 remainder was lost. This year the price of rice, which 
 on an average sells at one rupee 'per maund (about 80 
 lbs.), rose to two rupees, and other provisions in pro- 
 portion. In 1803 there was no crop at all, for want of 
 rain. In 1804 the same was the case. In 1805 and 1806 
 the crops were pretty good ; but in 1807, when the Ry- 
 ots were beginning to get over their difficulties, half the 
 crops were lost. In 1808, for want of rain, not above 
 half the crops came up. In 1809 it was the same. The 
 
 effbcts 
 
STATE OF INDIA. 367 
 
 The lower Bengalees have no idea of 
 amassing money. They live from day to 
 day ; and when a bad season comes, or any 
 other calamity befals them, they have not 
 their little store from which to take and 
 support themselves, until the storm blow 
 
 over. 
 
 effects of so many bad seasons on the Ryots may be well 
 conceived. They were not under the eye of those actual 
 proprietors of the land, who, by pressing lightly upon 
 them in their adversity, might have prevented their 
 ruin ; but under Dur-Kotkinadars^ &c. who cruelly op- 
 pressed them to the utmost ; themselves afraid of not 
 being able to pay their revenue, and being sent into the 
 station as suspicious characters j a practice which the 
 Ijaradars and Kotkinadars often made use of. The 
 wretched Ryots pushed their lands to the very utmost, 
 took advances from three or four indigo factors at once, 
 besides those from their own Mahajuns, and when no 
 longer able to borrow money, they were compelled either 
 to steal, in order to subsist their families, or fly their 
 native villages to look for kinder masters. A native 
 who has long been resident at a place, or perhaps been 
 born there, must be very hard pushed before he will 
 leave the village that has become so dear to him ; and 
 yet we shall see, that in this Zillah, whole villages were 
 deserted,—- the inhabitants flying they knew not where. 
 
368 CONSIBERATfONS ON THE 
 
 or?^rfS'/.^t>-if deserted by their Mahajuns^ 
 and oppressed for revenue by their hard- 
 hearted landholders, they are, with their 
 famihes, at once turned adrift; and Ihe 
 cravings of appetite teach them to live by 
 their wits ; at first as petty thieves, but, 
 getting on by degrees in an easy and even 
 pleasant path, they become at last experi- 
 enced Dacoits, ^ 
 
 Much has been ascribed to the influence 
 of the Mahajuny System, in keeping the 
 JRyotsixi a state of poverty. But under the 
 present Zemindary arrangement, when the 
 Ryot has not the means of gain hy Ms in-^ 
 creasing industry ^ it is not to be expected 
 that any change will take place in his man- 
 ner of living ; and until the first evil is re- 
 moved, in nothing ought we to be mord 
 cautious than the decision of Mahajuny 
 complaints. It is equally bad policy to favour 
 the Ryots, as it is to favour the Mahqfuns; 
 and from the consideration thatthe JByo^^are 
 
 weak 
 
STATE OP INBIA. 369 
 
 and poor, and the others rich and powerful, 
 we are too apt to favour the former.* 
 
 ' It will be necessary here to make a few 
 observations on the mahajnny or moneys 
 lending trade, as I have seen it practised 
 throughout Nuddea. I believe it does not 
 differ very materially in other Zillahs. 
 
 Vol. i. B b When 
 
 * In one of the Zillahs in the neighbourhood of Cal- 
 tutta, the name of which it is unnecessary to give, the 
 decision of a number of mahujunr/ cases, in the year 
 1810, though dictated by a de&ireof ameliorating the 
 condition of the natives, and giving them redress from the 
 oppression of their Mahajuns^ was attended with very 
 pernicious effects, and had not some steps been speedily 
 adopted, thousands of families must have perished, or 
 committed depredations on their more wealthy neigh- 
 bours. The orders issued were chiefly to prevent the 
 Mahajuns seizing on the cattle and property of the Ri/otSy 
 and to restore them when they had been seized. In con- 
 sequence of these orders, the most respectable il/fl/ifl/wws 
 shut up their golas (granaries) ; and with some degree of 
 justice, for they had no other security for their money 
 than that granted on the cattle and property of the Rijots. 
 
370 CONSIDERATIONS ON THK 
 
 When a Ryot comes to set up for himself 
 ifl a village, the Mahajun^ in many instan- 
 ces, lends him one or more bullocks ; he 
 advances him rice for seed, and for the sub'- 
 sistanee of his family, and often pays his re- 
 venue for the first few years. All this be 
 does, if he had never seen the man's face 
 before; but, in proportion to the risk he 
 runs, so is the gain. The Mahajun^ there- 
 fore, for every maimd of rice he gives, de- 
 mands after tlie crop is gathered in^, one 
 and a half, or two maunds, according to 
 agreement : He also demands some security 
 for the goods he has lent, and it is but just 
 that he should do so : The Ryot never de- 
 nies it; and the security given is on his 
 household-furniture, cattle, &c. From that 
 day there commences a sort of connexion 
 between the Ryot and his Mahajuriy and 
 their interest induces each not materially to 
 injure the other. 
 
 The 
 
.1 J ESTATE or INDIA. 371 
 
 The Mahajun lives by his Ryots y receiving 
 almost cent, per cent, from them ; and as 
 surely the Ryot lives by the Mahajun^ for 
 you must change his nature before he will 
 live in any other way. When a mutual un- 
 derstanding thus subsists, it stands to rea- 
 son, that the Mahajuns will not often wan- 
 tonly oppress their Ryots, thereby hurting 
 themselves. 
 
 2 From what I have seen in the examina- 
 tion of many mahajuny cases, I do not think 
 that they seize on the property of the Ryots, 
 excepting in cases where they are about to 
 flee the village, or to give all their land to 
 fhe cultivation of indigo. What can a Ma- 
 hajun expect from the sale of the small por- 
 perty of a Ryot ? Many of them are two, 
 Ihfeef or four years in balance, and their 
 whole stock would but amount to a few 
 rupees. They must then flee the village, 
 ,apd the Mahajun loses all hold of them. 
 
 B b 2 The 
 
372 CONSIDERATIONS ON THE 
 
 The consequences of the galas (granaries) 
 in a village being shut up, are the immediate 
 flight of the Ryots y and the ruin of the vil-. 
 lage. The lands become a perfect jungle, 
 a retreat for hogs and other wild animals. 
 If a few Ryots remain, they must not only 
 Work all day, but watch all night, or suffer 
 the wild hogs to revel in their fields. The 
 increase of hogs in a district is a sure test pf 
 the oppression of the Ryots^ and of bad ma- 
 nagement on the part of the landholders.* 
 
 By 
 
 * The Zillah of Nuddea, in the years 1809 and 1810, 
 was, I believe, generally allowod to be the best hog-hunt" 
 ing country in India. It \Vas almost wholly divided in- 
 to Ijaras and Keikmas, I recollect having examined the 
 accounts of a respectable merchant in one of the villages 
 of that Zillah. It was in 1809 ; and, taking the history of 
 three years, including some small outstanding balances, 
 I found, that from the beginning of the year 1807 to the 
 end of 1809, he kad lost in one village 6171 rupees. He 
 was then forced to shut up his golaSy finding he could 
 have no hold on the property of his debtors., . \A'Qiti 
 
St ATE OP INDIA. SJS 
 
 *' ^H^^^at iMve stated respecting the 
 MahajunSy I do not by any means wish it 
 to be imagined, that I think they ought al- 
 ways to be supported against theiSyo^^, or 
 that there are not, in many parts of the 
 country, shameful abuses attending the 
 practice of this trade. So much am I con- 
 vinced of this, that, in stating the several 
 causes of delinquency, I have adduced the 
 mahajuny system as one ; and it will be 
 found to be one of great weight in many 
 Zillahs. 
 
 I set out with saying, that we should not 
 favour one party more than the other. The 
 Mahajuns are frequently a most oppressive 
 class of men, and ruin the Ryotshy the ex- 
 orbitant interest they charge, by their cuh- 
 ning in keeping back their accounts, thus 
 leaving them in complete ignorance of the 
 state of their affairs, and by many other 
 iniquitous practices. These bad practices 
 ought to be checked, and a thorough inves- 
 B b 3 tigation 
 
374 CONSIDERATIONS ON THE 
 
 tigation of this system would develop num- 
 berless scenes of knavery and imposition, 
 would save the families of many thousands 
 from distress, and prevent the occurrence of 
 many crimes. It will, however, be a diffi- 
 cult task, or rather, in the present state of 
 things, it will be impossible, to alter their 
 manner of living ; but there is not a doubt, 
 that, were it possible for them to live with- 
 out their MahajunSy their condition would 
 be greatly improved.* 
 
 In accounting for Dacoity or robbery in 
 a Zillahy our first step ought to be, to exa- 
 mine the condition of the Byots ; and we 
 shall always find, in their poverty arid op- 
 pression, the chief cause of this evil. For 
 this purpose, it would be worthy the atten- 
 tion 
 
 * I have been told that the exertions of the Magistrate 
 (Mr. John Elliot) in Zillah Tipperah were attended 
 with success m suppressing the mahajuny trad^, and in- 
 ducing the Ryots to live without their assistance. 
 
STATE OF INDIA. 375 
 
 tion of a Magistrate, or his assistants, du- 
 riug their circuits of the district, to take a 
 particular account of the condition of the 
 villages for four or five years back, noticing 
 the different changes in their management 
 in ijara, kotkina, and as to the khas lands of 
 the Zernindar : For this last term is made 
 use of by the Zemindars, to denote those vil- 
 lages which, from impoverishment or other 
 causes, have reverted into their own hands. 
 By this means, a complete view might be 
 had of the causes of improvement or de- 
 crease in the value of the lands, and much 
 useful information might be obtained. In 
 the year 1810, I made an attempt of this 
 )iind, from which I select a few instances, 
 which will be sufficient to explain my in- 
 tention, and which present a fair specimen 
 of the state of that part of the country in 
 which I was employed, viz. the northern 
 division of the Zillah Nuddea.* 
 
 These 
 
 • f* The village of C/iMWc?/?ore had, in the year 1214, 
 
 B. S (1803) not less than sixty houses ; the lands in cul- 
 
 B b 4 tivation 
 
3f^ CONSIDESATIONS ON THE 
 
 n"ffhese instances, which are given in the 
 ^91? kflow, will sufficiently^explain tfefi.pkfi 
 to aB^uB^n&Aio ;.»,..... Mtii il^da aw- e^a^i 
 
 tivation araoiinted to about two thousand bigahs. It has 
 now three houses, and the whole of the land is overrun 
 with jungle, and full of hogs. It had been in Mkina 
 for four years previous to its being deserted. 
 
 The village of Cola had, in 1214 (1808), a hundred 
 housesjand five thousand ^j^ga^s of beautiful cultivation. 
 It now contains forty houses, and the whole land culti- 
 vated is not above two hundred bigahs ; the principal 
 %0/^having deserted it, leaving the houses to be occu- 
 pied by any that chose to inhabit them. It had been 
 for ten years in kotkina, and is this year in khas, because 
 it is not worth purchasing. This kotkina was divided 
 into three shares, forming, as the Bengalees call it, 
 three petes, or bellies to fill. ^^ . 
 
 The village ofjurampore had, in the year 1214(1808), 
 two hundred and fifty bouses, and its cultivation extend- 
 ed to the whole lands of the village, viz. seven or eight 
 thousand bigahs. There are now remaining five houses 
 of respectable cultivators, and five or six huts inhabit- 
 ed. The cultivation is reduced to four hundred bigahs. 
 It has been in kotkina nine years. It will generally be 
 
 found. 
 
STATE OP INIHA. 377 
 
 I*have suggested of a village-book. In 
 markiDg the progressive decline of the vil- 
 lages, we shall find some other causes of 
 decay, though none so extensive as the 
 
 oppression 
 
 found, that the greatest desertion has taken place within 
 the last few years. — oppression has rapidly increased,— 
 the lands are gradually getting into the hands of the ra- 
 pacious Jumilah of our Courts ; formerly the Ri/ots 
 were better able to bear oppression, but bad seasons 
 have greatly reduced them. 
 
 The village ofKhasipoor has now about fifty houses. 
 It had in 1209 (1803) about one hundred houses, and 
 proportionate cultivation. It has been in ijara six 
 y^§y|, under three different Ijaradars, 
 
 Th^ village of Beerpoor has now fifteen nooses. It 
 bad, six years ago, fifty. It has been during the last six 
 
 ye»j:» in kotkina, and is now in khas, i ^ ^cEffi:/ s4T 
 
 '^Rre'villS^e of Tertolberia has now three hundred 
 houses; in the year 1807 it had five hundred; but here 
 ihe fear of the Bacoits is to be added to the oppression 
 of the landholders. It has been six years in kotkinoy 
 and is now in A*te. 
 
378 CONSIDERATIONS ON THE 
 
 oppression of the landholders. I da not 
 mean to say that there nowhere exists a 
 merciful Kotkinadar, I have met with soaye 
 whose lands were in high cultivation, their 
 Myots h^ppy, and no Dacoits to he heard of* 
 But this has seldom occurred, and where it 
 did, I generally found that the Kotkinadar& 
 were old servants of an old Zemindar's 
 household, — not the highest bidders fdfr a 
 good bargain. They were men who had 
 long been supported, and who, after the ex- 
 piration of their leases, looked still to their 
 masters for support. 
 
 It is to Kotkinadars and Dur-kotkinadars, 
 that we may chiefly ascribe the harbouring 
 of Dacoits and other notoriously bad cha- 
 racters; for I think it may be easily proved^ 
 that it is not the interest of ahy respectable 
 Zemindar^ to nourish, as it were, vipers in 
 his own bo3Pm, to support the very men 
 wB6 rdin his villages, and cause his Ryots 
 to fly from his lands. The loss in the end 
 
 is 
 
STATE OF INDIA, 379 
 
 is his ; not to mention that his own life and 
 property are not safe, and his revenue with 
 difficulty collected, and liable to be carried 
 off by these wretches. 
 
 I can conceive it possible, that a wealthy 
 Zemindar may entertain Dacoits for a time, 
 to fight his battles, and to annoy his neigh- 
 ^ hours, on the occurrence of boundary dis- 
 putes. I have known instances where this has 
 happened ; but I cannot suppose they are of- 
 ten the harbourers of Dacoits^ except on 
 these occasions. The higher Zemindars oxo. 
 seldom residents on the spot,* and when they 
 are, they are generally too indolent to at- 
 tend 
 
 <; * I have often been struck with the great similarity 
 between the condition of the peasants of Bengal and 
 hose of Ireland, where intermediate agency is this ruin 
 of the country. 
 
 Miss Edge WORTH, whose Tales are subservient, to 
 i much hiffher purposes than those of mere amusement, 
 
 has, 
 
380 CONSIDERATIONS OK THE 
 
 tend to their Zemindm'ee concerns, content 
 if it secures to them a speedy fortune. But 
 the wish of an Ijaradar or Kotkinadar is to 
 make the best of his mead (or lease) ; and 
 
 if 
 
 1 ' , . , . X 
 
 has, in one of her last productions, two descriptions ; 
 the one of a good agent, the other of an Irish village, 
 which are so peculiarly applicable to the state of thingsi 
 in Bengal, that I have here inserted them. 
 
 ^^*Th8 tinMs is hard, and the agents harder thaii^^^ 
 times; there's two of them, the under and the u^- 
 pery^ 4nd they grind the substance of one betwe*eW 
 them, and blow one away like chaff. The Good A^lettt 
 is the one that will encourage the improving tenant^ 
 and shew no favour or affection, but justice, which 
 comes even to all, and does best for all at the long 
 run. Residing always in the country (like Mr. Rurke) 
 and understanding country business, and going abput 
 continually among the tenantry, he knows where to 
 press for rent, and where to leave the money to lay out 
 on the land, and, accordingly, as they would want it, can 
 give a fenant a help or a check properly; there is no du- 
 ty-work called for^ no present, nor glove- nioneyj nor 
 seal-money, ever taken or called for, — no underhand 
 hints about proposals when lands would be out of lease, 
 
 but 
 
STATE OF INDIA. 381 
 
 if this can be effected by his joining or sha- 
 ring in tjti^^poils of the Dacoits, iti&a mat- 
 
 but a considerable prefereixcCj if deserved, to the old te- 
 nant, and if not, a fair advertisement, and the best offer 
 and tenant accepted ; no screwing of tlie land to the 
 highest penny, just to please the head landlord for the 
 minute, and ruin him at the end, by the tenants racking 
 the land and running off with the year's rent, nor no bar- 
 gains to his own relations or friends, did Mr. Burke 
 ever grant or give, but all fair between landlord and te- 
 nant; and that's the thing that will last; and ^laf 9 ^ 
 whsit I call the Good Agent." M bankaf^t 
 
 liiismt ' If/w tfirft 9no ^dtk 
 
 ^^Tfie towfi cbnsistedor one row of miserable huts, 
 sunk beneath the side of the road, the mud- walls crook- 
 ed Hi'every direction, some of them opening wide in 
 cracks or zig-zag fissures from top to bottom, as if there 
 had been just an earthquake, — all the roofs sunk in va- 
 rious places, — the thatch off, or overgrowTi with grass, 
 — -no chimneys, — the smoke making its way through the 
 
 -no! 
 hofes at the roof, or rising in clouds from the top of the 
 
 i^ 
 
 door, — dunghills before the door, and green standing ^ 
 puddles, — squalid chil4ren, with scarce rags to covor. . 
 
 them. 
 
382 CONSIDERATIONS ON THE 
 
 ter of no consequence to him if the village 
 be ruined, — " it will serve his time J' 
 
 It is impossible that these KotMnadars, 
 Dur-kotkinadars, i&c. should be ignorant of 
 the existence of Z)«co2Y5 in the villages, and 
 of their haunts. They have under them 
 their GomashtaSy Halshunas, Mundils^ and 
 other agents, and are employed constantly 
 in the collection of the revenue. They must, 
 therefore, possess a thorough knowledge of 
 every man's means, and how he obtains his 
 money ; also what persons frequent his house. 
 These, then, are the men to whom a Magis- 
 trate must now apply for information and 
 assistance in apprehending criminals. --'i^- 
 
 In the statement which I have here given 
 of the condition of the Ryots, I have '^ no- 
 " thing extenuated." I may have omitted 
 much, but I have not unthinkingly descri- 
 bed the state of things from the reports of 
 others. If there is any merit w^hatever in 
 
 the 
 
1 rBTATE OP INDIA. 383 
 
 the above sketch, it is that of being au- 
 thentic. For the truth of the picture, J 
 appeal to those whose zeal has carried them 
 into the interior of their districts, and 
 who^ at their leisure hours, throwing aside 
 the character of the Judge and Magis- 
 trate, have solicited, at the hands of the 
 lowest natives, a true statement of their 
 condition, *^ 
 
 to Although we have, perhaps, lost for evep 
 the opportunity of enriching our own nation 
 from the progressive improvement of the 
 land, yet we may render our government 
 doubly secure, by improving, as far as pos** 
 sible, the condition of the JRyots^ and by 
 conciliating them to our interests. 
 
 -atWe must not consider ourselves safe, as 
 long as the Zemindars pursue their preisent 
 schemes, from the idea that the peasants 
 will love us, and hate their oppressors 5 ifyr 
 
384 CONSIDERATIONS ON THE 
 
 it was we who gave the Zemindars their au- 
 thority. 
 
 According to the present regulations, in 
 every instance where redress is proposed to 
 he afforded to the peasants, it is through an 
 application to the Sudder Courts of Justice 
 at each station. What then is to become of 
 them, if it can clearly be proved, that their 
 weakness, and the tyranny of the Zemin- 
 dars, prevent their having access to these 
 Courts. 
 
 It was seldom that regular po/^aA* or lea- 
 ses were granted under the old regulations, 
 though particularly required and ordered by 
 them. Yet, in how few cases do we find that 
 iheBi/ots have dared to complain of this grie- 
 vance. Some, indeed, prefer living without 
 them ; perhaps from the fear of having their 
 lands measured by the rapacious servants of 
 the Zemindar; but these are few, compared 
 
 to 
 
STATE OF INDIA. *^- 3SS 
 
 to the whole body. Without regular plft^ 
 tahs, which shall limit the demands of the 
 Zeinindar, the Ryots can never be happy, 
 and cultivation can never incre^i^r?*^ By a 
 late regulation, we have made potiahs un- 
 necessary. We have permitted the Zemin^ 
 dars to let their lands in what manner so- 
 ever they please. For this is the construc- 
 tion which the Zemindars have put on Re- , \ 
 gulation Fifth of 1812; ^p^^m-^^m^^^^ , ^ 
 
 Dahilas or receipts for rent paid, are now 
 never given, and the peasant is left entirely 
 at the mercy of the Zemindar, who may, if 
 he pleases, repeatedly demand the rent once 
 paid, or add to the stipulated sum any num- 
 ber of perquisites he may choose.' These 
 last if e denominated -^At^aA, and the frivo- 
 lous pretences under which they^are de- 
 manded are innumerable. The Ahtvah ge- 
 nerally take their names from ihe nature of 
 these pretences ; thus, for instance, pottah 
 
 VOL. I. c c salami 
 
386 CONSIDERATIONS ON THE 
 
 salami is the present paid by those who are 
 fortunate enough to receive a lease ; nigah 
 khurchy or shadee khurcha^ is the present paid 
 upon a marriage ; durbar khurch is the pre- 
 sent paid for the promise to support their 
 interests at Court, — for Hquidating any fines 
 which the Zemindar may happen to incur, 
 or for carrying on his prosecutions ; bharee 
 butta is the per centage paid under pretence 
 of the coin being hght, &c. &c. &c. 
 
 When receipts are wanted, the Ryot must 
 sue for them in the Court. The Court is, 
 perhaps, forty or fifty miles distant ; he 
 must, therefore, leave his village, and his 
 starving family, and remain in attendance 
 at Court, day after day, until his cause eomes 
 on ; and the unavoidable arrears of business 
 often prevent the trial of such causes for two 
 or three months after their being entered. 
 At length, worn out and beggared, he makes 
 up the matter with the Zemindar, and en- 
 ters 
 
STATE OP INDIA. 387 
 
 ters a razeenama or amicable adjustment, 
 and goes back to his village, to be a miser- 
 able warning to deter others : or, say that 
 he prosecutes his suit, it is under every dis- 
 advantage. He has to contend with the Ze^ 
 mindaVy and with the Aumilah or officers of 
 the Court. And who are these officers? 
 By making every purchaser or heir to a piece 
 of land an independent Zemindar^ we htve 
 created a new order of men ; and the offi- 
 cers of our Courts are likely soon to consti- 
 tute the nobility of Bengal, the great land- 
 ed proprietors, for whom European politi- 
 cians have so long wished. 
 
 Would it not be thought impolitic and ex- 
 traordinary, if the Judges and Officers of our 
 Courts in England (for Moluvees and Pwn-» 
 ditseiYe Judges^, being composed of the land- 
 ed proprietors in each county, were to sit 
 there to try the complaints brought against 
 themselves by their own tenants ; yet this 
 c c 2 is 
 
388 CONSIDERATIONS ON THE 
 
 is the case in most Zillahs in Bengal. From 
 the Moluvees and Pundits down to the low- 
 est writers in the Court, all the officers are 
 possessed of landed estates in the district, 
 many of them openly, and others henamee^ 
 or under fictitious names. If we consider^ 
 that scarce an order can be passed which 
 does not in some measure affect the interest 
 of these men, and that, in every case where 
 they are likely to be sufferers, they will do 
 their utmost to counteract and obstruct our 
 endeavours ; and if we consider, at the same 
 time, that they at present rise and flourish 
 by the dejection and oppression of the pea- 
 sants, whose comfort it is our duty to pro- 
 mote ; and that, if they cannot keep up the 
 terror of their names in the interior of their 
 district, their affairs will go to ruin, we shall 
 no longer wonder at that constant clashing 
 of authority, which, though seldom proved, 
 is well known to exist between the Magis- 
 trate and his officers. His own officers are 
 the last persons whom a skilful Magistrate 
 
 will 
 
STATE OF INDIA. 389 
 
 will make use of in the execution of any 
 plan which may require secrecy. 
 
 The native officers of our Courts surpass 
 in deep cunning, in a knowledge of our 
 characters and dispositions, and in the art 
 of concealing their own, any idea which 
 we can form of the most consummate du- 
 plicity. Their under agents and spies are 
 every where present in our Courts, and 
 while writing out an order, dictated by the 
 Judge, they will, by means of these agents, 
 dispatch information into the Mofussil (or 
 interior), which shall counteract or render 
 nugatory the very order they are writing. 
 The press of business is always a sufficiently 
 plausible excuse for any delay in issuing and 
 carrying into effect the orders of the Judge ; 
 but no press of business prevents the execu- 
 tion of their own plans. 
 
 Where a native officer is brought from 
 
 the court of one Zillahy and placed in ano- 
 
 c c 3 ther, 
 
390 CONSIDERATIONS ON THE 
 
 ther, where he may not be possessed of 
 landed property, his first step is to purchase 
 it. Innumerable are the instances which a 
 circuit into the interior of his district will 
 afford to the Magistrate, of discovering the 
 knavery of his ofiicers. He will find the 
 paltry Mohurir (or writer) of his Court, the 
 man who walks to his Kutcherry^ attended 
 by no one, or by a shabby little boy, and 
 himself clothed in rags, possessed, notwith- 
 standing, of large property in land, of great 
 and powerful establishments of servants, 
 who are necessary to maintain in the Mo- 
 fussil the terrible majesty of the Company's 
 servant. They will find this man more re- 
 vered, or rather more dreaded, than the 
 Magistrate or the Judge. 
 
 This is no small evil. It is, on the con- 
 trary, one great cause of the weakness of 
 our Indian Courts^ and calls for immediate 
 redress. 
 
 mm ^*- 
 A clear 
 
STATE OP INDIA. 391 
 
 A clear and peremptory regulation is re- 
 quired, by which no officer possessed of 
 landed property in the Zillah, shall be per- 
 mitted to serve in our Courts. 
 
 The wages allowed by Government will 
 never, indeed, be a sufficient consideration 
 to induce natives of ability to serve under 
 us; but, added to the wages drawn from 
 the numerous sources of iniquity, they will 
 always insure to us a sufficient number of 
 candidates. And here, let us not be de- 
 ceived by the idea, that the salary of a na- 
 tive ought to be liberal, in order that he 
 may have the less excuse for corruption. 
 This is one of our European ideas ; and we 
 must divest ourselves of all such. 
 
 Corruption among Bengalees is no crime. 
 Repeatedly have I disputed this subject 
 with even the most respectf?,ble of them. 
 The constant reply was this, " If the parties 
 " make us a present of the money willing- 
 c c 4 'My 
 
392 CONSIDERATIONS ON THE 
 
 ^^ ly, where is the harm in receiving it ?'* 
 We can expect little from those of our offi- 
 cers who take bribes. We must be constant- 
 ly on the watch to defeat their plans ; but 
 where we have to deal with those who are 
 not only corrupt, but who are possessed of 
 the weight attached to landed property in 
 the district in which they serve, we shall 
 find them much too strong for us. 
 
 Another great evil arises from this land- 
 holding practice ; for among the number of 
 officers attached to a court, we should 
 otherwise have many dissensions, each pur- 
 suing his own way to advancement ; and 
 these dissensions are the only means which 
 the Indian Magistrate possesses of obtain- 
 ing any information respecting the charac- 
 ters of his officers ; for when a dispute takes 
 place among Bengalees, such is their dis- 
 position, that nothing can remain conceal- 
 ed, — brother will impeach brother, — the son 
 will accuse the father, — and the complete 
 =)riT domestic 
 
STATE OP INDIA. 393 
 
 domestic history of a family will be laid be- 
 fore us. Instances of this, particularly a- 
 mong the Brahmins, are constantly present- 
 ing themselves ; but where the officers of 
 Court are landholders, a league is formed, 
 w^hich no power of the Magistrate can 
 break : each supports the other ; for it is the 
 interest of all, that no encroachments should 
 be made on their privileges. I appeal to 
 any Magistrate, who has had the task of 
 trying one of his officers, whether he has 
 not found that the whole body immediately 
 espoused his cause. 
 
 These are a few of the evils attending the 
 present distribution of landed property in 
 Bengal. It is as easy to describe them, as 
 it is difficult to propose remedies. Such as 
 I shall mention, will be suggested with great 
 deference. Some material change is neces- 
 sary ; and, with the superior knowledge 
 which the Company must now possess, the 
 change is likely to be for the better. 
 •u^ The 
 
394 CONSIDERATIONS ON THE 
 
 The power of the Zemindars must by 
 every possible means be diminished. 
 
 They ought to be made to assist in the 
 management of the police of the country, 
 and in every case where Dacoits or other 
 bad characters are harboured in their estates, 
 these estates ought to be confiscated. They 
 will then attend to the internal management 
 of their lands. It is not enough to threaten 
 that they shall be confiscated, and yet, on 
 every occasion, with an unjust and highly 
 pernicious mercy, to forgive them ; for this 
 conduct of Government is construed by the 
 Zemindars into a test of its weakness, '^^^ 
 
 The Zemindars ought to be strictly requi- 
 red to give pot talis as formerly ; and a very 
 heavy punishment should be awarded for 
 the neglect of this : They should also, on 
 every occasion, be required to grant receipts 
 for rent; for it is a matter of very little con- 
 sequence, whether the settlement with the 
 ^^^^^^ Zemindars 
 
STATE OP INDIA. 395 
 
 Zemindars be for a limited number of years, 
 or be perpetual, provided the rights of the 
 Ryots are attended to. By a perpetual set- 
 tlement, we indeed preclude the possibility 
 of our ever enriching ourselves; but it ought 
 still to be our object, that cultivation should 
 increase, and that the peasantry should be 
 happy. Let me again insist, that without 
 pottahs (leases), and without receipts, this 
 never will be the case. 
 
 In support of the Syots, the junior ser- 
 vants of the Company in each Zillah, or 
 when the Zillah may be tranquil, the Judge 
 himself, ought to make an annual circuit of 
 his villages, and in a summary manner de- 
 cide the little complaints of the Ryots, civil 
 as well as criminal. After such circuits, ja 
 full report of the state of his district should 
 be required of him, in which particular no- 
 tice should be taken of the copduct of the 
 Zemindai's, The report ought also to spe- 
 cify the quantity of land discovered to be 
 
396 CONSIDERATIONS ON THE 
 
 held by the officers of the courts under their 
 own or fictitious names ; and these officers 
 should in every instance lose their situa- 
 tions, or be compelled to sell their lands. 
 In order to prevent concealment, a period 
 might be allowed, after which all land 
 found in the possession of officers of our 
 Courts should be forfeited to Govern- 
 ment. 
 
 We ought by all legal means to get 
 again into our power, as much of the coun- 
 try as we can, in order to bestow it on the 
 Ryots, On these portions of the country 
 experiments should be made, in order to 
 ascertain the practicability of forming a 
 ryot'War settlement ; and if the tyranny of 
 the Zemindars continues, we ought, before 
 it is too late, to endeavour to recover the 
 whole of the country from their hands. 
 
 ^^ Let the landed proprietors grow rich, 
 ^^ we shall grow rich through them/' These 
 
 are 
 
STATE OP INDIA. 39?^ 
 
 are the words of Sir Charles Boughton 
 Rouse; but how this is to happen, I really 
 cannot perceive. Is it by taxes on com- 
 merce ? If the Zemindars neglect the cul- 
 tivation of their lands, and oppress the j%- 
 ots, where shall we find produce to tax ? 
 
 Allow that, in the general course of 
 things, the Zemindars become what they al- 
 most are already, the solenobility of the coun- 
 try, (for the former race of nobility, descri- 
 bed by the Edinburgh Reviewers as ^^ the 
 sf* connecting link in society, without whom 
 ?t* it would be reduced to the Prince and 
 o*^ the Peasant," are now almost extinct,) 
 still they will not, as men of rank and nobi- 
 lity are used to do, demand more luxuries 
 or conveniencies of life. >*^vv.vik ^ , . 
 
 Here is a wide difference. The Benga- 
 lee, be he ever so rich, will upt furnish his 
 house handsomely ; he will not dress in the 
 European style ; he will not drink our li- 
 quors, 
 
398 CONSIDERATIONS ON THE 
 
 quors, nor consume our European articles 
 of food. The consumption of the commo- 
 dities now sent to India can never increase, 
 until a long lapse of time shall have remo- 
 ved the national prejudices of the Indians, 
 and totally subverted their religion. 
 
 I am convinced that a long lapse of time 
 will effect these changes. I think we have 
 already gained ground ; a small number of 
 natives in each large town have already dar- 
 ed to attempt the imitation of some of our 
 customs. From a description of a few such 
 instances, the narrow spirit of the Benga- 
 lee, and his attachment to ancient habits, 
 will be apparent. I have inserted them in 
 the Appendix, on the subject of the Free 
 Trade. 
 
 We have thrown the landed property al- 
 most entirely 'into the hands of a set of ra- 
 pacious harpies, — we can no longer provide 
 for any exigency, by an increase of revenue, 
 
 arising 
 
STATE OF INDIA. 399. 
 
 arising from the lands, nor is any material 
 increase to be expected from taxation on ar- 
 ticles of commerce ; and even were this last 
 possible, commerce would not present so 
 steady a course of revenue as agriculture. 
 Commerce is always fluctuating. Corn must 
 always be had, and plenty of corn will 
 secure every thing else. The extortion or 
 caprice of our neighbours may at any time 
 hurt our commerce, but where agriculture 
 flourishes, they cannot empoverish us by 
 selling high ; they cannot withhold food 
 from usy which is our most immediate 
 want. 
 
 The oppression of the Zemindai^s h^s al- 
 ready, in a great measure, and at a period 
 not far distant will render desperate, in pro- 
 portion to their indigence, the peasantry 
 and manufacturers. It will be necessary to 
 keep up an immense judicial and police 
 estabUshment. These establishments have 
 on the whole gradually increased during our 
 ^ Government ; 
 
400 CONSIDERATIONS ON THE 
 
 Government ; they were never so expensive 
 as at present, and they are certainly not 
 likely to diminish. In forming an opinion 
 on this subject, we must not be led astray 
 by the temporary arrangements of the pre- 
 sent Government, which have an appear- 
 ance of economy, and which short periods 
 of energy on the part of the Magistrates 
 have enabled them to make in some dis- 
 tricts. But we must look to the general 
 increase of expences all over the country, 
 since we assumed the Government. 
 
 We have, I think, done wrong ; things 
 may indeed improve, but there will be a 
 long reign of vice and delinquency between 
 the present time and the period when such 
 improvement shall commence, unless, in- 
 deed, by some new arrangement, the lands 
 shall again fall into the hands of those, 
 whose family, connections, and affection for 
 their native soil, will stimulate them to ex- 
 ertion. These poor men, under every for- 
 mer 
 
STATE OP INDIA. 401 
 
 mer government, whether of Hhidoo or 
 Mussulman origin, have always been esteem- 
 ed the very soul of the state ; their rights 
 will be found to have been respected under 
 every arrangement of the native princes, 
 however arbitrary or capricious in other re- 
 spects. We, too, when we took possession 
 of the country, promised most solemnly to 
 protect them, and for a long time we did 
 support them, as the proprietors of the 
 land, against the Zemindars or collectors. 
 Still calling themselves the proprietors of 
 the soil, they to this day look up to us for 
 protection. They have no other idea. They 
 daily sell their proprietary right, and call it 
 selling their lands.* When our last regu- 
 lation, 
 
 * That the idea is not confined to Bengal, will be su^ 
 ficiently evident from the literal copy of the information 
 on this subject which I received in person from the re- 
 spectable %oi5 of avillage close toBuxar. " They have 
 « resided in their land for ten or twelve generations. 
 « The Zemindars never have, nor can they dispossess 
 
 VOL. I. » d "them; 
 
40& CONSIDERATIONS ON THE 
 
 lation, the 5th of 1812, shall become gene- 
 rally known, the idea that we have deserted 
 them will also prevail. Let it not be a total 
 desertion. Let the work of reform, which is 
 a most arduous one, be more equally divi- 
 ded. Let the Collectors and their assistants 
 unite their exertions. The members of that 
 branch of the service are living at their ease, 
 
 while 
 
 ^^ them ; neither have they changed their rate of rent. 
 " The trees on the land are their own. The Zemindars 
 " cannot cut them down, but they (the Rt/ots) can, and 
 '^ do cut them down,without the leave of the Zemindar, 
 *' They themselves are the owners of the land.'^ If this 
 does not convey an idea on their part of property in the 
 soil, I do not know what can. These Ryots were chiefly 
 Brahmins ; and though, in their dress, and in their huts, 
 there was a great appearance of comfort, I am sorry to 
 say, that, in general, their condition was very little bet- 
 ter than that of the most miserable Bengalees. Their 
 land consisted of two kinds, but even the best was very 
 poor. — I have giv\3n further particulars of my conver- 
 sation with these Ri/ots at Buxar, in another part of 
 the Essay. 
 
STATE QF INDIA. 403 
 
 while the weight of business yearly weak-* 
 ens. thp body of the Judicial Servants. 
 Aq idea is beginning to prevail among 
 the young men, that the Judicial line is 
 worse than slavery. It would be dangerous 
 th^t this idea should gain ground. It can 
 only be done away by increasing the num- 
 ber of those employed, and thus diminish- 
 ing the duty. — More of these duties here- 
 after. 
 
 .^Let us all join heartily in improving the 
 condition of the peaseants, and we may then 
 safely calculate on the secure enjoyment of 
 our Eastern Possesions, under every vicissi- 
 tude which the ambition and rapacity of 
 other nations, or of the neighbouring native 
 powers, may expose us to. The Judge and 
 Magistrate ought never to forget, that the 
 Ryots are the support of the State. 
 
 » 
 I have formerly mentioned the general 
 
 answer which is given to all propositions for 
 
 D d 2 again 
 
404 CONSIDERATIONS ON THE 
 
 again restoring the rights of thejRyo/^,nam<*- 
 Jy, *^ That Government have pledged their 
 " word to the Zemindars, that the settle- 
 ^^ ment shall be perpetual, and that they 
 ^^ will not interfere with the management 
 " of the lands." But let the Zemindars en- 
 joy the perpetual settlement ; let them en- 
 joy all the rights they had under the native 
 Governments ; and, in addition to these, 
 let them enjoy the additional honour, digni- 
 ty, and power flowing from their new title 
 of great landed proprietors. li^tS ^iit io 
 
 mM 
 The continuance of the perpetual settle- 
 ment, and of these rights, will, in the pre- 
 sent state of things, be preferable to any 
 sudden or violent change, — a measure at all 
 times, and under all governments, to be 
 dreaded. But surely, although we do not 
 subvert, we may improve the present sys- 
 tem. Our b^st efforts and exertions are yet 
 subject to much imperfection. It was vain 
 to expect perfection in a system which was 
 
 not 
 
am toATE OP INDIA. 405 
 
 BOt founded on experience, but only adopt- 
 ed as the least of two evils ; namely, a con- 
 stantly fluctuating, or a fixed, though small 
 revenue, I say small, for I think it might 
 be doubled, and the people made more hap- 
 py.. This, however, we could not do without 
 annulling the perpetual settlement. 
 
 The advocates on either side of the ques- 
 tion have so entirely receded from each other 
 in their arguments, that they have lost sight 
 of the ground which lies between. They 
 have forgot, that in a medium between two 
 extremes there may be much good ; for 
 each of these extremes has undoubtedly ad- 
 vantages. This medium line of conduct is, 
 I conceive, the only one which Government 
 can at present safely adopt. 
 
 *YE It seems a matter of very secondary im^ 
 portance to whom the land^, originally and 
 exclusively belonged, The Ryots them- 
 selves, provided their own rights were pre- 
 p d 3 served, 
 
406 CONSlDli^RATlONS ON ^HE 
 
 served, have never cared either in whose 
 hands the government was placed, or 
 who werfe their Zemindars, And to the 
 preservation of their rights we may attri- 
 bute the quiet and easy transitions of domi- 
 nion from one race of conquerors to ano- 
 ther. If we preserve these rights, we hav6^ 
 nothing to fear. 
 
 We have found, that the Zemindars be- 
 coming absolute proprietors, have deceived 
 and oppressed the Ryots. Cannot our regii^ 
 lations redress their grievances, without re- 
 moving the property from the Zemindars: 
 This interesting question will be answered 
 presently; but let us proceed regularly in 
 detailing the further evils attendant oh this 
 arrangement. 
 
 DEFECTS 
 
STATE OF INDIA. 40/ 
 
 DEFECTS IN THE MANAGEMENT OF LANDS, AND IN 
 THE COLLECTION OF THE REVENUE. 
 
 1 . By allowing any person to become a 
 Zemindar, and by bestowing on ever Ze- 
 mindar the full right of disposing of his 
 lands as he pleases, we have placed almost 
 the whole country in the hands of those of- 
 ficers of our Courts, whose wealth, which 
 increased with their rapacity, enabled them 
 to become purchasers. The old Zemindary 
 families are now extinct. There is a reme- 
 dy for this ; but it is thought to be a breach 
 of our promise to interfere with the manage- 
 ment of the lands. Is it not our duty, 
 notwithstanding this promise^ to maintain 
 the rights of the Ryots, and wherever they 
 D d 4- are 
 
408 CONSIDERATIONS ON THE 
 
 are oppressed, to relieve them by removing 
 the Zemindars ? 
 
 -^n. By making these Zemindars absolute 
 in the management and disposal of their 
 land, we have given rise to a practice un- 
 known in former times. I mean that of 
 subdivision and rack-renting. Regulations 
 may remedy this. 
 
 -^ 3. There is another evil consequence of 
 this arrangement. It is, that the adminis- 
 tration of justice is actually, though not 
 nominally, in the hands of the Fiscal Offi- 
 licers. The Zemindars collecting the reve- 
 nue are the Judicial Officers of our Courts. 
 This was the very evil which, in forming 
 our new plan of Government, we wished to 
 avoid. Let us see what is the language we 
 held on this subject. Amongst several ad- 
 mirable remarks on the form of our Govern- 
 ^.ment made by the Marquis of Wellesley 
 *%iiitHi\ji^q iih. Aiiu i^*i>at 
 
4 STATE OF INDIA. 409 
 
 at the time when he recommended its ap- 
 plication to the Provinces under the Ma- 
 dras Government, is the following : " Were 
 ^^ it possible for the Collectors of the Re- 
 ^ venue to appropriate a sufficient portion 
 If of their time to the administration of 
 ^' justice, and to the maintenance of the 
 f|. peace of the country, the nature of their 
 " duties, as Officers of Revenue, disquali- 
 *^ fies them for judicial functions. The 
 " people cannot repose a firm confidence in 
 ^V the protection of the laws, while the ad- 
 ,i5f > ministration of these laws shall be entrust- 
 W ed to the Collectors of the Revenue ; be- 
 -M cause the conduct of these officers, and 
 " of the numerous native agents and ser- 
 'm vants acting under their authority, neces- 
 " sarily forms a principal object of legal 
 ^^ controul/' ^ * '. 
 
 o This evil is glaring, but ,it admits of a 
 remedy, by strict regulations prohibiting 
 the officers of our Courts from purchasing, 
 
 or 
 
410 CONSIDERATIONS ON THE 
 
 or being at all concerned in the manage- 
 ment of the lands while in office. 
 
 4. In order that agriculture should flou- 
 rish, it is necessary that landholders should 
 be constant, or at least occasionally resident 
 on their estates. The contrary is now the 
 case. The lands are now in the hands of 
 those whose other duties will not admit of 
 their residing on their estates. Regulations 
 may remedy this also, 
 
 5. Pottahs or written leases, specifying 
 the exact amount of the landlord's due ('and 
 preventing arbitrary cesses), as well as re- 
 ceipts iovrewi^hiA, form the security of the 
 Ryots. These good old forms are out of 
 use now. The Ryot depends on the mercy 
 of the under farmer. It is a broken reed. 
 
 And, lastly^. In former times, it was the 
 interest of Government to encourage agri- 
 culture, 
 
SfATE OP INDIA. 411 
 
 culture, because they were the richer for 
 every improvement in the land. It was also 
 the interest of the Ryot to increase his culti- 
 vation, because it increased his fortune and 
 his comforts: But now Government have 
 no interest of a tangime nature, for theii* 
 revenue cannot increase ; and the Bijot, by 
 additional labour, only enriches the Zemin-^ 
 dar. This last evil, it is said, admits of no 
 remedy. But is our word so pledged, and 
 must we now tamely suffer the ruin of the 
 country, and the oppression of the Ryots^ 
 content with a revenue which shall daily be 
 impaired, by the necessity of maintaining a 
 large, and gradually increasing Establish- 
 ment, whose utmost vigour will never be 
 able to redress the manifold wrongs of the 
 Ryots? 
 
 Such are the defects in the management 
 of the land, and the collection of the re- 
 venue. 
 
 DEFECTS 
 
412 coNsii>i^fe;:^TroKs on' the 
 
 3di ill '§aibi& ^disamho ^m 
 
 fclnorfa ^bnBf ibifl- ,g 'in aomzlmmo^ ■ 
 
 DEFECTS IN THE ADMINISTRATION OF JUSTICE. 
 
 ■ , . , ,■ m 
 
 1. Our Civil Courts are^ from a too great 
 attention td form and details, — from the 
 small number of Judicial Servants, — from 
 the wide extent of jurisdiction, — and the 
 delay in procuring evidence, — ^very inade- 
 quate to afford redress to our numerous 
 subjects. The remedies are to be found in 
 more summary justice, — in the institution 
 of travelling Courts, held by the Register 
 or Assistants in the villages, — and in the 
 appointment of Commissioners elected by 
 the Ryots, 
 
 '^ ^^^. We have lost the assistance of the most 
 intelligent and most efficient instrument of 
 Police, in the dismission of the Zemindars 
 from all responsibility. This has its reme- 
 
 dy. The Zemindars^ under proper instruc- 
 tions, should again be employed ; a»d in 
 every case where they are found harbour- 
 ing 
 
f^ 1ST ATE OP INDIA. 4^ 
 
 ing criminals, or otherwise aiding in the 
 commission of offences, their lands should 
 be forfeited, and this crime never pardoned. 
 
 i!3. The power of the Magistrates on the 
 «pot, who are the best judges of the charac- 
 ter of offenders, should be increased. The 
 sentence of the Courts of Circuit should 
 be final : Punishment would then, in all 
 lif^hter cases, be immediate on the com- 
 mission of the crime ; and in the more 
 weighty, would at farthest be the instant 
 consequence of the judgment of the Court 
 of Circuit. uoqij& 
 
 '>i 
 
 Lastly, The various lesser evils in the 
 administration of justice need not be again 
 , detailed. They have each had their dis- 
 ^ ^ssion in the foregoing pages. In some 
 l-emedieshave been humbly submitted to his 
 employers by the author ; for all remedies 
 wHl be found in the wisdom of the more 
 experienced of the Company's Servants, 
 
 8«i 
 
 iJU^WiiSfTifaaiuot zna v^i 
 
 €HA>^GXS 
 
414 CONSIDERATIONS ON THE 
 
 i\i ^ 
 
 CHANGES SUGGESTED. 
 
 
 i^^, That the Zefnindars be prohibited 
 from subdividing their lands into small 
 shares, and that limits be put to the system 
 of i/ara and kotkina, or that it be wholly 
 abolished. That settlements be, where it is 
 possible, concluded for each of the villages 
 by the Zemindars. That putny, and dur- 
 putny leases be either essentially limited, or 
 altogether removed. 
 
 2c?, That long leases be given, in no in- 
 stance under ten years, and where it is 
 possible, that a life interest be given to the 
 Ryots in their lands ; and that, as the gains 
 of the landholder increase by cultivation, 
 so, by security conferred on their property, 
 } :''' , the 
 
ir STATE or ITrDIA. 415 
 
 the gains of the peasant shall increase with 
 the increase of land cultivated. 
 
 Zdy That regular written leases ro pot- 
 taks, according to a prescribed form, a 
 thing now almost unknown, be again re- 
 vived ; and that the punishment be most 
 severe on those who shall be proved to have 
 let their lands without them. 
 
 4M, That double receipts be given and 
 demanded oft the payment of revenue ; the 
 Zemindar testifying to the JRj/of his having 
 received the money ; the jRt/ot acknowledg- 
 ing, in writing, to the Zemindai^y his hav- 
 ing obtained the receipt. 
 
 5^A, That as our Courts of Justice can- 
 not possibly hear and determine all the 
 petty (Complaints of the Ryots at the Sudder 
 Station, one or other, or both, of the fol- 
 lowing arrangements take place, viz. That 
 the Collector, where his leisure will permit, 
 
 fand 
 
41 1> CONSIDERATIONS ON THE 
 
 (and that is the case over Bengal) or^ if 
 otherwise, that the Collector's assistant, or 
 the assistant to the Magistrate, make an 
 annual circuit of the district, and in each 
 village hear and determine all petty differ- 
 ences between landlord and tenant, extend- 
 ing to a certain sum. 
 
 Or, that Moonsifs (or Commissioners) be 
 appointed in the villages. These Commis- 
 sioners to have a comfortable, though not 
 extravagant salary, to be elected annually, 
 or every two or three years, by the inhabit- 
 ants of the villages, in presence of one of 
 the assistants. The villagers will, for their 
 own sakes, select a fit person, and either 
 re-elect or remove him when his time is 
 out. This Commissioner need by no means 
 be a man of education or legal habits, but 
 have his own good sense to direct him. In 
 large villages., one Commissioner w^ould 
 have enough to do ; for two or three, or 
 more small villages, one might serve ; or if 
 
 this 
 
STATE OP INDIA. ^7 
 
 this be found difficult, one might, as now, 
 be elected yearly for each Tkannah. But 
 such election must be decided by the votes 
 of the villagers ; not as at present, by the 
 ihnii'enfe of some rascally sycophant, or 
 adherent of one of the Aumilah, ^yiiry 
 
 6th^ That the Judges, at least once in 
 ^6ach year, be required to make circuits of 
 their districts ; and that instructions, spe- 
 cifying the objects to which they are to 
 attend, be made out for their guidance;xa 
 
 *^^tt,^^^That the Zemindars be made^to 
 assist in the police of the country. Where 
 is there a country, in which the police has 
 arrived at any degree of perfection, with- 
 
 ^ tftit- the constant aid of the landed influ- 
 feiice ? On this subject, I am convinced, that 
 more than one half of the Civil Servants of 
 the Company concur in opinion with me, 
 and also that that half contains all those 
 who have seriously weighed the question. 
 VOL. I. EC I shall 
 
418 CONSIDERATIONS ON THE 
 
 I shall here transcribe an extract from a 
 Report on the State of the Police, transmit^ 
 ted to Government by the present Magis- 
 trate of Burdwan. The evils attending 
 the putny and dur-putny tenure are much 
 of the same nature with those attending 
 on the ijara and kotkina tenure formerly 
 described ; and of this Mr. Bailey has 
 given a fair, and, by no means, an exagger- 
 ated account. 
 
 ^^ This system (says he) is now almost in- 
 ^' variably prevalent in this Zjllah, and, in 
 " its effects, not only involves a very heavy 
 *^ pressure of civil business, but completely 
 *^^ deprives the Magistrate of the means of 
 ^' employing the landed influence in the 
 *' improvement of the police. By the ope- 
 '' ration of this tenure, the estates in the 
 ^^ district are parcelled out into the most 
 *' minute subdivisions; and I have met with 
 ^^ more than one instance, of a village be- 
 *^ ing held in portions by six or eight indi- 
 
 *^ viduals, 
 
STATE OF INDIA. 419 
 
 ^' viduals, as a Dur-dur-dur-putny talook. 
 ^' The constant change of proprietors, who 
 *^ are often mere adventurers, renders it 
 y^ quite impracticable for the Magistrate to 
 '^ derive any efficient assistance from them 
 ^^ in the apprehension of criminals." 
 
 The late Magistrate of the Jungle Me- 
 hals (Mr. William Blunt), has also in 
 his Report the following observation on the 
 present state of the land tenures in his dis- 
 trict. '' It seldom happens, however, that 
 " the Putny talookdar retains the manage- 
 ** ment of his estate. But it is re-sold by 
 " him under a similar deed of sale, at an 
 " increased yz/mm«, to another one or more 
 *^ persons denominated jDur -putny -dars ; 
 and by these last it is again sold at a fur- 
 ther increase oijumma^ to another person, 
 '^ who is then styled the JJur-dur-'putny' 
 *^ dar. This system of profit upon profits, 
 *^ each person paying a consideration also 
 ^^ as purchase-money, is, of itself, a heavy 
 - E e 2 '^ burden 
 
 <i 
 
 >5 
 
420 CONSIDERATIONS ON THE 
 
 '/ burden on the Byots, This system, in its 
 ^/ operation^ naturally occasions the serious 
 ^^ evil of constant change, even within the 
 '^ year. The purchasers oi putny and dur- 
 ^' putny talooks are generally needy and 
 *' precarious adventurers, of no character 
 '^ or responsibility." 
 
 On these subjects, few are willing to 
 open their mind to Government. But it will 
 scarcely be doubted, that the country is sink- 
 ing in value. It is also a most serious evil, 
 that we should thus lose the assistance of 
 the best, I would almost say, the only pro- 
 per instruments of police in India. For 
 could we again bring into activity the power 
 of the Zemindars in managing the police 
 we might dispense with the assistance of 
 Goindas and Criminal's. In the Fifth Report 
 of the Committee of the House of Commons 
 on Indian Affa,irs, there are some very judici- 
 ous observations on the employment of land- 
 holders in police, " The means thus pro- 
 
 '' vided 
 
STATE OF INDIA. 421 
 
 ^^ vided (says the writer), were ample for 
 *^ maintaining the peace, and, where pro- 
 " perly directed, could not fail of efficiency, 
 " from the great number of individuals who 
 " might at any time be called forth in de- 
 ^' fence, and for the security of the inhabi- 
 '' tants, consisting not only oi i\\e pausbauns 
 '^ or village watchmen, whose special duty 
 '^ it was to be always in readiness for that 
 '^ purpose, but all those likewise over whom 
 " the Zemindary authority extended." 
 
 , In describing the changes which were 
 made in the Police System, as adapted to 
 Benares, and on which the influence of the 
 Zemindars was employed, there are these 
 observations : " The Resident was probably 
 '^ aware of the powerful means, when call- 
 ^* ed into action under suitable superintend- 
 " ence, which the Zemindar possesses of 
 '' maintaining the peace of the country ; 
 " and therefore, instead of annuUing his 
 " 9.utliority^ he proposed to render it effi- 
 
422 CONSIDERATIONS ON THE 
 
 i< 
 
 cient by regulations adapted to the pur-j 
 pose." 
 
 And a little further on, *' In the Lower 
 ^^ Provinces, the Zemindars had been re- 
 ^Mieved from the charge, and prohibited 
 ^^ taking any concern in the police. In 
 ^^ Benares, the Resident, deeming the au- 
 ^^ thority, information and influence natu- 
 ^^ rally acquired by the Aumils or TehsiU 
 '^ dars^ and landholders, the strongest foun- 
 '^ dation on which the efficiency of the 
 ^V police could be established, prevailed on 
 '' the Government to allow a deviation from 
 ^^ the Bengal System, so far as to commit 
 ^' the charge of the police to the Aumils 
 "jointly; and subordinate to them, to the 
 " landholders, and farmers of land, un- 
 " der the responsibility for robberies and 
 '^ thefts committed within their respective 
 "jurisdictions, which they had been subject 
 '•' to under the Rajah Government." 
 
 The 
 
STATE OF IT^DIA. 4^ 
 
 The benefits to be expected from the ar- 
 rangements which I have ventured to re- 
 commend, are twofold, the improvement of 
 the lands, as well as in the condition of the 
 Ryots; and the acquisition of a most valua- 
 ble mass of information, which to this day 
 is wanting in Bengal, and which alone can 
 supply a firm foundation for future and last- 
 ing improvements in Police. 
 
 Government, and most of their servants, 
 are unwilling to acknowledge that such in- 
 formation is wanting ; they are unwilling to 
 admit that errors have been committed, and 
 yet from them, enlightened as they are, di- 
 vination and foresight could not be expect- 
 ed. The very nature of their situation con- 
 stantly changing, and their dignified ap- 
 pointments preventing their familiar inter- 
 colirse with the natives ; these may amply 
 plead their excuse, 
 
 EC 4 On 
 
424 CONSIDERATIONS ON THE 
 
 On this subject. Lord Teignmouth, than 
 whom no one was better able to form a cor- 
 rect opinion, observes, ^^ If we further con- 
 ^l^flsider the form of the British Government 
 in India, we shall find it ill calculated for 
 the speedy introduction of improvement. 
 The members composing it are in a con- 
 stant state of fluctuation, and the period 
 of their residence often expires before ex- 
 perience can be acquired or reduced to 
 practice. Official forms necessarily occu- 
 py a large portion of time, and the con- 
 stant pressure of business leaves httle lei- 
 sure for study and reflection, without 
 which no knowledge of the principles and 
 details of the revenues of the country can 
 be obtained. True information is also pro- 
 cured with difficulty; because it is too 
 often derived from mere practice, instead 
 of being deduced from fixed principles. 
 Every man who has been long employed 
 in the management of the Revenues of 
 Bengal will, if candid, allow that his opi- 
 
 ^' nion 
 
STATE OV INDIA. 425 
 
 M^^nion on many important points has been 
 "ifOften varied ; and tliat the information of 
 *'aone year has been rendered dubious by 
 51] the experience of another. Still, in all 
 ^f» cases, decision is necessary ; and hence, 
 'f I precedents formed on partial circumstan- 
 '^ ces, and, perhaps, on erroneous principles, 
 lit become established rules of conduct; for 
 <it a prudent man when doubtful, will be 
 " glad to avail himself of the authority of 
 ^example. The multiplication of records, 
 <ti which ought to be a great advantage, is, 
 "in fact, an inconvenience of extensive 
 ^f? magnitude; for in them only the experi- 
 Mience of others can be traced, and refe- 
 ** rence requires much time and labour." 
 
 An inspection of the orders of Govern- 
 ment, and of the letters of the Directors, 
 written about the time of the formation of 
 the perpetual settlement, will sufficiently 
 evince, that we have a full right of interfe- 
 rence in the concerns of the Zemindars^ as 
 
 far 
 
426 CONSIDERATIONS ON THE 
 
 far as relates to their treatment of the pea- 
 sants, and of making the changes here sug- 
 gested, or any others which may be deemed 
 proper.* 
 
 It was wrong to imagine, that the expe- 
 rience of a few short years could have in- 
 sured a sufficient mass of information on 
 which to ground so weighty an arrange- 
 ment as that of a perpetual Settlement. 
 Why for ever shut out the possibility of im- 
 provement, 
 
 * " These the Directors particularly recommend to 
 the consideration of the Government, who, in establish- 
 ing permanent rules, were to leave an opening for the 
 introduction of anj/ such in future J as from time to time 
 might he found necessary^ to prevent the Ryots from be- 
 ing improperly disturbed in their possessions, or subject 
 to unwarrantable exactions.'''' This the Directors obser- 
 ved, would be " clearly consistent with the practice of 
 the Mogul Government, under which it was a general 
 maxim, that the immediate cultivator of the soil, duly 
 paying his rent^ should not be dispossessed of the land he 
 occupied,''^ See Fifth Report, p. 50. 
 
STATE OP INDIA. 427 
 
 provement, the best feature in every good 
 government ? The perpetual Settlement, 
 even according tp the opinion of one of its 
 ablest advocates (LordTEiGNMOUTH), was 
 formed on scanty materials furnished by the 
 Collector ; whereas the ample information 
 obtained lately on the spot by the Board of 
 Commissioners for the Ceded Provinces, 
 was by them deemed insufficient for the for- 
 mation of a settlement of this nature.* 
 
 How 
 
 * " The Commissioners, in their final report on this 
 interesting and important subject, under date the 15th 
 April 1808, stated their opinions to be adverse to the 
 immediate conclusion of a perpetual settlement in the 
 territories under their controul ; and as they were pro- 
 bably apprised of its being the fixed determination of 
 the Government to carry through the proposed ar- 
 rangement at all events, resigned their offices rather 
 than be the instruments of measures w^hich their judg- 
 ment, founded on local information, could not approve." 
 
 In one of the letters of the Directors on this subject, 
 there is the following just remark : " The mistakes com- 
 mitted in the settlement made in the Lower Provinces, 
 ^ under 
 
428 CONSIDERATIONS ON THE 
 
 /f How long this unwillingness on the part 
 of the Company's Servants, to acknowledge 
 errors which no human being could have a- 
 voided, will continue, it is impossible to say ; 
 probably till a general system of circuits 
 has been established, and the information 
 collected on the spot by the Judges, the 
 Collectors and their assistants, has been a- 
 massed and digested. Actual inspection on 
 the spot is the main-spring of all improve- 
 ment in India ; for, unless confirmed by 
 what we see with our own eyes, no doctc- 
 ment is to be believed, — no interested na- 
 tive is to be credited. 
 
 Surely there was some good reason for the 
 
 earnest 
 
 under all the advantages that a long experience of their 
 resources afforded, and the inconvenience that was felt 
 from it, though the natives had been so much longer un^ 
 der the British Government, suggest the danger of pre- 
 cipitancy in the measure proposed, and point out the 
 propriety of great caution and deliberation being obser- 
 ved in proceeding to a measure which isjrrevocable." 
 
■ i STATE OP INDIA, f. 429 
 
 earnest manner in which, in our first regu- 
 lations, we insisted on written leases being 
 given. And why are they now fallen into 
 disuse ? Is it that the liberal and affectionate 
 conduct of the Zemindars to their Rijots has 
 rendered them no longer necessary? Far 
 from it ; they are now more than ever ne- 
 cessary, .vii..jjiki.J 
 
 Where pottahs are given, and receipts re- 
 cfularly granted on the payment of rent, the 
 Bi/ot cannot suffer long. He has the ne- 
 cessary documents for obtaining redress. 
 
 Whenever, by confiscation or otherwise, 
 the lands of a Zemindar have fallen into the 
 bands of Government, it would be well, 
 that experiments were made, how far it is 
 possible to introduce the ryot-war or village 
 settlement. These experiments would at 
 least supply us with much e?:cellent infor- 
 mation; for, where no one intervenes be- 
 tween the Byot and Government, minute ji^- 
 
 „i«i4tii^v vestigations 
 
430 CONSIDERATIONS ON THE 
 
 vestigations of the capacity of the lands can 
 at all times take place ; and from these 
 grounds only calculation can be made, the 
 actual capability of the lands ascertained, 
 and a knowledge of the condition of the 
 Ryots acquired. 
 
 On this very important subject volumes 
 might be written. I have only touched on 
 the points which appeared to me necessary 
 in treating of the condition of the peasants, 
 as a great, perhaps the greatest cause of de- 
 linquency. I have necessarily left much 
 interesting detail. I shall conclude this 
 Chapter in the words of others, as far more 
 impressive than any thing I could myself 
 adduce in support of the claims of our In- 
 dian Subjects. 
 
 *^ The Peasants, although they be disre- 
 ^^ garded by the superficial, or viewed with 
 '^ contempt by the vain, will be placed by 
 *' those who judge of things not by their 
 
 ^^ external 
 
STATE OP INDIA. 431 
 
 '' external appearance, but by their in- 
 ^^ trinsic worth, as the most useful class 
 ^' of mankind/' Their occupations con- 
 duce not only to the prosperity, but to 
 the very existence of society. -^^His life 
 '^ (that of the peasant) is one unvaried 
 " course of hardy exertion and persevering 
 *^ toil. The vigour of his youth is exhausted 
 ** by labour ; and what are the consolations 
 and hopes of his age ? Sickness may de- 
 prive him of the opportunity of providing 
 the least supply for the declining years of 
 *^ life, and the gloomy confinement of a 
 *^ work-house, or the scanty pittance of pa- 
 '^ rochial help, are his only resources." — 
 ^^ By his condition maybe estimated the 
 *^ real prosperity of a country ; the real 
 ^' opulence, strength and security of ^he 
 *^ public are proportionate to the comfort 
 ^^ which he enjoys, and his wretchedness is a 
 '' sure criterion of a bad administi^ation.^^^ 
 
 (C 
 
 The 
 
 Arthur Young. 
 
432 CONSIDERATIONS. 
 
 ^' The territories subject to the British 
 *^ dominion in India may, on probable 
 '* grounds, be said to contain sixty millions 
 '^ of inhabitants. The sum of human hap- 
 ^^ piness, of which the introduction of wise, 
 ^* judicious and humane regulations into 
 " that country may be productive, and the 
 *^ amount of misery which maybe caused by 
 '' injudicious, fluctuating, or oppressive 
 *^ measures, is in the direct ratio of the po- 
 " pulation. If there exist a servant of 
 ^^ the East India Company ; if there exist a 
 '^ Director or Legislator, or a Minister of 
 *' this country, incapable of emotion from 
 ^^ the generous hope of contributing to the 
 first, or of trembling at the danger of 
 participating in the latter, — we can only 
 lament that they should have attained 
 " their situations/' — Edinburgh Hevieur. 
 
 END OF VOL. I. 
 
 6C 
 
 iC 
 
 Printed by Cox and Baylis, 
 
 Great Qiicen-Strcei, Lincoln's lni>E|fcU. 
 
CIRCULAT'ON DEPARTMENT 
 
 ___^!!^m^oo^^res^^ j^ immediate recall. 
 
 R£a C»l JUN 1 6 76 
 
 -OER-AISSI 
 
 MAY 2 rm 
 
 LD21— 32w-^l '75 
 (S3845l,)4970 
 
 - .General Library 
 
 : University of California 
 Berkeley 
 
U.C. BERKELEY LIBRARIES 
 i 
 

 :^