?wn^ 'mff^'d^ '^^ ^ .r ^% ^mj^ 'i^^\y A REVIEW, e^c, s§c, ^c. REVIEW FINANCIAL SITUATION OF THE EAST. INDIA COMPANY, IN 1824. By HENRY ST. GEORGE TUCKER, ESQ. i' LONDON: PRINTED FOR KINGSBURY, PARBURY, AND ALLEN, LEADEN HALL STREET. 1825. ...^^^ v^^-"'" ^^^ LONDON: PK!KTE1> J8Y COX AND UAYUS» GREAT QUKEN bXKEfiT. JJtL. TO THE RIGHT HONOURABLE GEORGE CANNING, ^c. Sfc. 8fc. SIR: As the Friend of India, and as the Minister and Friend of your Country, I presume to address to you the following Essay ; not merely for the purpose of pay- ing a just tribute of respect, but with the view of calling your attention to a question, which deeply affects the interests and welU being of the Agricultural Population of British India ; and which may, eventually, affect the tranquillity and security of our Possessions in the East. If I have not mistaken your character, the prospect of doing a public good, or of averting an impending evil, would recom- mend 6 mend any question to your best attention ; but, associated as you have been in the Administration of India, the People of that Country may be considered to have parti- cular claims upon you ; and I may be permitted to add, that, by exerting your influence to promote the prosperity of this remote, but valuable dependency, you will consult the best interests of the Empire at large, and thus discharge the sacred duty imposed on you as a Minister of the Crown. I have the honour to be, With great respect, SIR, Your obedient humble servant, H. ST. G.TUCKER. Upper Portland Place, March 1825. ADVERTISEMENT. The following' pages were intended to form part of a larger work ; but^ as the undertaking originally contemplated could not have been completed for a considerable time ; and as the subject which these pages embrace is of more immediate interest ; I have been induced to submit to the Public the present Essay^ de- tached from other matter. And if I should have succeeded in exhibiting a distinct Analysis of the Accounts of the East- India Company, and in giving a just delineation of the Financial Situation of that body, I may indulge the hope that I shall have performed no unacceptable service. INTRODUCTORY OBSERVATIONS. Although Great Britain has possessed for more than half a century, in the remote regions of the East, a territory of vast ex- tent, containing a numerous and industrious population, and rich in its manufactures, as well as in the productions of the soil, it still remains a problem whether this posses- sion is to be esteemed a treasure, or the source of weakness to the mother country. That any doubt should exist upon such a question, can arise only from our ignorance of those facts and circumstances upon which the solution of the problem must depend. We are, in truth, very imperfectly ac- quainted with the state of our empire in the East ; our ignorance has produced indiffe- rence towards the country and its inhabi- B tants ; % tants ; and it would not be extraordinary if, under the influence of indifference and neglect, a possession, otherwise of the highest value, should become worthless in our hands. On the continent of Europe the posses- sion of India has hitherto been regarded with very diflferent feelings : for as it has long been observed, that those countries which successively engrossed the commerce of Asia, had all attained an extraordinary degree of wealth, power, and commercial prosperity, it was assumed, and with some appearance of reason, that our territorial dominion in the East had raised Great Bri- tain from her natural level to that high and pre-eminent station which she at present occupies. That the possession of British India has contributed mainly to augment the resources of this country, and to give it weight and influence among the nations of Europe, is a proposition which I have not now to advance for the first time ; but, on the other hand, it is as much a mistake to refer our commercial grandeur, our wealth, and our power, exclusively to this source, as as it would be to maintain that British India has become a burthen to the mother country. Strange as it may appear, this latter pro- position has now been put forth, and from a quarter where, heretofore, it had been so much the fashion to exaggerate the value of our Eastern possessions. M. Say, one of the most celebrated of the French econo- mists, in an essay lately published, has grave- ly maintained, that British India is a charge upon this country to the extent of above two millions sterling per annum ; and that far from being viewed, as it long has been, by Russia and France with feelings of envy and jealousy, it ought rather to be regarded as an excrescence which wastes and con- sumes a portion of our vital strength. If the opinions of this philosopher exer- cised no influence beyond the continent of Europe, we might safely leave them to pro- duce their effects ; and if they tended in any degree to allay the spirit of avarice and the rage of ambition among our continental rivals, we should have reason to congratu- B 2 late late them and M. Say on the success of his speculations. But, unfortunately, there are persons in this country who are sufficiently prone to adopt the same erroneous notions ; and whose errors, far from conducing to any salutary end, must exert a baneful influence over the destinies of India. In all cases, erroneous opinions are liable to produce erroneous measures ; and in the present instance, the impression that India is become a bankrupt concern, and a drain upon the resources of the mother country, would not only have a tendency to depre- ciate the value of the large capital which is invested in the Company's securities, both abroad and at home, but it would also pro- bably lead to a course of policy highly injurious to the interests of both countries. It is remarkable that, at the very moment when M. Say declares the East-India Com- pany to be in a state of bankruptcy, the Marquess of Hastings should announce to that body the existence of a surplus reve- nue in India to the amount of four millions sterling 5 sterling per annum ; but these contradic- tory statements will be found, in both in- stances, to have been hazarded upon insuf- ficient grounds. A net revenue of four millions has never been realized by the Company, in any one year since our acqui- sition of territorial dominion in India ; nor is it to be desired, I think, that such a revenue should be drawn from the coun- try : but if M. Say's deficit of two mil- lions be deducted from his Lordship's sur- plus of four millions, a near approximation will be made to the truth. But the contradictions and errors ob- servable in the different descriptions which have been given of the Company's affairs, and of the condition of British India, are not by any means confined to the financial branch of the subject. The Government has been described as a pure despotism ; the ancient institutions of the country are represented to have been wantonly sub- verted ; the rights of the tenantry to have been disregarded and invaded; while the hereditary aristocracy is said to have dis- appeared appeared from the face of the land ; new systems, unsuitable to the character and habits of the people, and abhorrent to their feelings, are stated to have been in- troduced by rash innovators ; the public revenue is supposed to be extracted from our native subjects by means of grinding monopolies ; and, in short, our dominion, far from being recognised as the source of mutual benefit, has been represented as entailing poverty upon India, without pro- ducing any corresponding advantage to the mother country. These sweeping allegations would all require a distinct and particular exami- nation ; and he who should faithfully and successfully execute the work, would per- form a useful and important service. My present undertaking will be confined within narrower limits, and be directed to an ob- ject more within my reach. I propose to offer a digest of the Company's accounts, for the purpose of removing misconcep- tions upon matters of fact, and of exhibit- ing a clear and connected view of the pre- sent condition of their finances. It It is scarcely necessary for me to point out how essential it is, that those who have invested their funds in the securities of the Company, either abroad or at home, should possess correct information with respect to the state of the concern in which their property has been embarked. The public securities of the Indian Governments have been negotiated of late at a premium of near forty per cent., and East-India Stock bears at present a premium of one hundred and ninety per cent. ; and it is obvi- ously of the last importance that the cre- ditors abroad, and the proprietors at home, should know whether this enhanced valua- tion of their capital rests upon any solid foundation. The debt of India is secured on the territory ; but this territory M. Say pronounces to be an unproductive posses- sion. The dividends on India Stock are made payable by Act of Parliament from the commercial profits of the Company, and, failing such profits, from the sur- plus revenue of India; but M. Say de- clares that there does not exist either profit or surplus. This assertion I shall not find it ' 8 it difficult to controvert ; but it will not fol- low as matter of course that, upon a sober consideration of the Company's situation, financial and political, a rational conclusion can be drawn, either that the present an- nuity will be guaranteed to the proprietors in perpetuity, or that they will obtain ulti- mately a full indemnification for the capital which they may have embarked. Moderate as are my pretensions, I may have engaged in an undertaking beyond my strength : but the question is one which calls for professional experience, rather than for the higher powers of mind ; and as I shall not deviate far from the beaten path which has long been familiar to me, the reader will not, I hope, see occasion to charge me with presumption. A REVIEW, CHAPTER I. TERRITORIAL REVENUE OF BRITISH INDIA. *' On est done fond^ a regarder la Compagnie Anglaise des Indes comme ** une association, tout a la fois commer^ante et souveraine, qui, ne gagnant ** rien ni dans sa souverainete, ni dans son commerce, est reduite a emprunter ** chaque ann^e de quoi distribuer a ses actionnaires un semblant de profit." '^Essai Jlistoriguey etc. Par J. B. Say. M. SaYj in a late essay published in " la Re- vue Encyclopedique/' has exhibited a statement of the finances of the East-India Company, which is not only unsupported by any recent documents, but which is completely at variance with the public accounts annually submitted to the British Parliament under the sanction of the highest au- thority. This writer has too high a reputation at stake to put forth a statement intended to mislead; and c the 10 the just and liberal admissions which he seems disposed to make in favour of our administration of India^ furnish a presumption that he is by no means deficient in that spirit of candour^ which should characterize the philosopher and the historian. M. Say would apt)ear, however^ to have con- sulted very old authorities, and to iiave taken as the foundation of his estimates the results of a year of actual war, or averages deduced from a series of years, in which war very generally pre- vailed. But if this be the correct mode of pro- ceeding for the purpose of ascertaining the finan- cial situation of a country, in what kingdom of Europe shall we discover any thing beyond the traces of a deplorable bankruptcy ? If an average of thirty years were taken for the purpose of de- termining the revenue and charge of Great Britain, instead of an annual surplus of five millions ap- plicable to the extinction of debt, should we not be a[)palled with the re-appearance of a spectre which once threatened to paralize the energies of this nation ? If the process apparently adopted by M. Say were applied to this country, we should be found struggling still with an annual deficit of twenty millions, instead of scattering, with a lavish hand, our surplus capital over every part of the civilized world. In India we have had our full share of warfare in common with the rest of mankind, and we have 11 have not only been engaged in wars, originating in our own local and peculiar objects and inte- rests^ but we have incidentally been led into hostilities, whose origin could be distinctly traced to the political relations of the parent state in Europe. The late Sultan 9f Mysore, after having been subdued and stript of half his do- minions, would scarcely have dared, single- handed, to provoke that power which had over- thrown him in the fulness of his strength, if he had not been encouraged to expect a powerful auxiliary in the republican government of France. The fabulous representations and extravagant suggestions of an obscure French adventurer,* sti- mulating the pride, the restless ambition, and deep-rooted resentment of Tippoo Sultan, en- gaged him to make overtures to the Governor of the Isle of France, which not only manifested a hostile * This is an instance of the most important events being produced by very mean instruments. Ripaud, the French adventurer alluded to, had been tlie master of a small privateer, and was detained by Tippoo Sultan at Seringapatam. To extricate himself from this state of durance which had become extremely irksome to him, he repre- sented to the Sultan that there were fleets and armies at the Isle of France ready to obey his call, and that he had only to despatch him {Ripaud) to the Island in order to obtain a force, which would enable him to crush his mortal enemy, the English. The papers of this Frenchman, which were found at Seringapatam after the capture of that place, are extremely curious. c 2 12 a hostile spirit, but which justified the Marquess of Wellesley in proceeding against that infatuated despot as the ally of France and the enemy of the British power. In the same manner the ascendancy of a French party at Hyderabad gave occasion to that bold and masterly enterprize of Lord Wellesley's Go- vernment, by which a large army, disciplined and commanded by French officers, was suddenly surrounded and disarmed without the loss of a man. So, also, the predominance of French in- fluence at the Court of Dowlut Rao Scindiah, and the formidable position occupied by the nu- merous forces of General Perron on our most accessible frontier, furnished perhaps the best justification of those extensive military operations which, in 1804, terminated in the expulsion of the Mahratta power from the North of Hindoos- tan, and in placing the imperial city of Delhi and the once august house of Timour, under the protection of a company of British merchants. The wars in which the Marquess of Hastings engaged had their origin, it is true, in our local politics, and may be regarded as exclusively our own. We had no French interests to counteract or destroy : no French Generals to displace or overthrow ; and if these wars were of annual oc- currence, or of continued duration, the statement of M. Say, with respect to the pecuniary value of 13 Deficit in Sicca Rupees. of our Indiaa possessions,, would not be entirely destitute of foundation. Without, however, indulging in speculations, either with regard to the past or the future, I will proceed to exhibit the actual result of the account of Indian revenue and expenditure for a period of thirty years ; and as this statement has been prepared from official and authentic documents, it may be received with confidence. Surplus in GOVERNMENT. Sicca Rupees. 1792-3* Lord Cornwallis' . .. .1,65,57,675 1793-4* Lord Cornwallis' and Lord Teignmouth's . .1,22,12,636 1794-5.. Lord Teignmouth's .. 94,58,486 1795-6.. Do 64,66,225 1796-7.. Do 19,70,197 1797-8.. Do 1798-9 . .Lord Wellesley's 1799-1800 Do. 1800-1 . . Do 1801-2.. Do 1802-3.. Do 96,35,832 1803-4 . . Do 98,95,346 1804-5 . . Do 2,69,69,509 32,73,982 75,97,009 14,10,455 89,16,178 4,01,211 * In the revenue of 1792-3 is included the sum of Sicca Rupees 16,83,514; and in that of 1793-4, the sum of Sicca Rupees 33,67,028, received at Fort St. George from the late Tippoo Sultan in satisfaction of the conditions of the treaty concluded with Lord Cornwallis. So, also, in 1815-16, the sum of Sicca Rupees 95,68,750 was received from the Nawaub of Oude for the cession of Kyraghur ; apd although none of the^ sums properly constitute revenucj they augment the . surplus, 14 Deficit in Sicca Rupees. 2,86,49,795 1,02,06,904 Surplus in GOVERNMENT. Sicca Rupees. 1805-6* Lord W.'s and Sir G. Barlow's . 1806-7.. Sir G. Barlow's and Lord Minto's 1807-8 . .Lord Minto's 10,39,730 1808-9 .. Do 5,25,883 1809-10.. Do 33,16,866 1810-11.. Do 42,36,094 1811-12.. Do 1,30,47,521 1812-13.. Do 83,04,269 1813-14 . .Lord Minto's and Lord Hastings' 1,45,33,190 1814-15 . .Lord Hastings' 1, 18,57,412 1815-16.. Do 35,77,488 1816 17.. Do 1,09,37,338 1817-18.. Do 41,70,103 1818-19.. Do 11,77,201 1819-20.. Do 16^51^241 1820-21 , . Do 1,09,68,799 1821-22t > . Do 1,76,33,616 If surplus. They may be regarded as a receipt for defraying the extra- ordinary war charge. * Lord Cornwallis, on his return to India, held the Government only for about three months. f Statements of this kind are usually^thrown into an Appendix ; but this is sometimes to throw them out of sight, and I am desirous that the alternations of our Indian revenue, should appear in one connected view in this place as a basis for my subsequent remarks. The annual surplus is exhibited in the Calcutta sicca rupee ; for as that currency is reduced into English money by different parties at different rates of exchange, no accurate comparison could be drawn between the revenue of particular years, unless one common standard were assumed for the whole. 15 If the revenues of India were not liable to any deductions^ the foregoing statenaent would furnish a most satisfactory picture of the financial re- sources of British India, since, notwithstanding the many expensive wars in which we have been engaged, we should appear to have realized within the thirty years a considerable surplus be- yond the local expenditure (including the interest of the public debt), after deducting the deficit which occurred in particular years of the term. In fact, there is this distinction between the wars carried on by the States of Europe and those in which our Indian Government have engaged, that while the one, after inflicting mutual injuries and incurring an enormous expenditure of money, generally terminate in the status quo ante, the other have usually been attended with an acces- sion of territory and revenue, and sometimes with pecuniary indemnification for the expenses incurred in maintaining our political ascendancy. But the surplus revenue realized in India can- not all be considered as clear and independent income, subject to no further deduction, for there is a large disbursement in this country on account of our Eastern possessions, which is not included in the Indian accounts, but which properly con- stitutes a charge upon the local revenue. This disbursement was heretofore inconsiderable ; but from the augmentation of our army . and other causes, 16 causes^ it has gradually increased, and it now amounts to a large sum annually. No useful purpose would be answered by exhibiting the particulars of the home charge for a series of years, nor indeed are there materials for a re- trospect beyond the year 1813,* when the political and commercial charges were^ for the first time, se- parated and particularly distinguished ; and I shall therefore confine myself in this place to a statement of the disbursements in the two last years, which will sufficiently shew their nature and extent. Statement of territorial, or political charges, incurred in England on account of India : 1821-22. Military and Marine Stores supplied from England £306,489 Payments on account of furlough and allow- ances to retired officers 257,808 Passage-money to officers and troops 69,447 Political Freight, &c 142,944 Interest and Charges on account of the Car- natic Debt 85,123 Disbursements on account of St. Helena 150,962 Do. on account of Bencoolen 479 Do. on account of Prince of Wales' Island 2,426 Political Charges General (Establishments at the India-House, &c. &c.) 371,070 Total £1,386,748 * Prior to 1812-13, the home charge appears to have been estimated by the Court of Directors at ^^850,000 per annum. 1822-23. 17 1822-23. Military and Marine Stores £ 348,426 Furlough and retired officers 261,071 Passage money 102,092 Political freight 106,452 Carnatic debt 96,013 St. Helena , 117,498 Bencoolen and Prince of Wales' Island .... 11,110 Political charges general 391,665 Total €1,434,327 It is not my intention to enter into an exa- mination of these charges* Some of them may possibly be reduced hereafter ; but in general, they may be considered in a course of increase ; for in consequence of the recent augmentation of the Indian army, a greater number of ofhcers may be expected to come upon the retired list, while the late regulations for dividing the regi- ments and otherwise accelerating promotion, will place upon that list, at an earlier period, officers entitled by their rank to higher allowances. Far, indeed, am 1 from intimating the slightest objection to these just and salutary concessions to our Indian army : my business is to explain their effects. There is, indeed, an elastic force in expenditure, which makes it difficult for the most prudent government to repress it ; and in the instance under consideration, we must be prepared for a further increase of charge. D The 18 The territorial disbursement in Eno^hmd already amounts to a million and a half sterling * per annum ; and it cannot safely be estimated below that standard in any prospective calculation which may be made to determine the surplus revenue of India. The following abstract will shew the net sur- plus drawn from British India in 1821-22^ and the expected surplus of 1822-23, respectively. Surplus revenue realized in India in 1821-22, £. deducting St. Helena \l,927,263 Deduct : Amount of territorial charge disbursed in England in 1821-22, exclusive of St. Helena 1,235,786 Net surplus revenue in 1821-22 . . /691,477 Indian ♦ I have seen this charge variously stated ; but I have satisfied myself completely that it amounts at present to £1,500,000 at the least. It is, indeed, estimated this year at ;^1,535,288. f The surplus of 1821-22 was stated above in Sicca Rupees at 1,76,33,616. The intrinsic or bullion value of the Sicca Rupee is 2s. 566d.y and this is also nearly its present value in exchange, although the exchange has fluctuated between wide extremes, i.e. from 2s. lOd. down to Is. }0d. the Sicca Rupee. la exhibiting the surplus in English money, I have followed the printed statements in which the current rupee is valued at two shillings. This rate exceeds both its bullion value and its present value in exchange. Lord Hastings has stated the sicca rupee at 2s. 6d. which makes the revenue appear higher. It is proper to point out that discrepances occasionally occur in the printed statements which I have not always the means of reconciling. For example : in the account printed under date the 8th July 1823, the Indian surplus of 1821-22 is stated at ^^2,1 11,337, or deducting St. Helena at iGl, 995,033; whereas, in the account published under date 19 Indian surplus of 1822-23 per estimate .... *2,274,646 Deduct : Territorial charge in England in 1822 23, exclusive of St. Helena 1,316,829 Estimated net surplus in 1822-23. . . £957,817 It will be apparent from this abstract that M. Say, in estimating an annual deficit of fifty-seven t millions of francs, or £2,280,000 upon our Indian account of revenue and charge, is completely in error ; while the Marquess of Hastings, from a very natural feeling, has taken too favourable a view of our financial situation and prospects. M. Say has perhaps considered that a corrobo- ration of his assumption of a deficit will be found in the rapid increase of the public debt of India ; but it is very possible for the local debt to in- crease, even during the existence of a territorial surplus, since that surplus may be transferred to date the 13th May 1824, the surplus of the same year is stated at jE 1,927,263. I have followed the latest account as likely to be the most accurate. The difference seems to have arisen chiefly on the adjustment of the St. Helena account, the charge for this island being stated in one account at jSl 16,304, and in the other at if208,038. * I have the satisfaction to learn from private sources, that this es- timate has been exceeded in the sum of about .£300,000, making the surplus about £2,600,000. f M. Say, taking the accounts of 1806 as his basis, estimates the ter- ritorial deficit at 57 millions, and the commercial loss at 1 1 millions — together 68 millions francs. D 2 "20 to England or to China^ for the purpose of discharging debt, or for other services, or it may beconne an addition to the local assets (the cash balances, &c.) wliich constitute a fund ap- plicable to the liquidation of debt. It will be useful, however, to trace the progress of the Indian debt, and with this view I have prepared two statements A and B, which will be found in the appendix. The one is formed from the Indian accounts and correspondence, as far as they were accessible to me, and exhibits the debt in Sicca Rupees from the year 1793 : the other has been prepared from the accounts which are printed in this country for the use of Parliament, and ex- hibits both the debt and assets, in English money, at the end of each year, from 1814. Referring to these accounts for more detailed information, it appears to me essential only to state in this place the amount of the debt at particular periods, and I have selected the years 1793, 1798, 1805, 1814, and 1821, for the purpose of shewing its periodi- cal increase. Public debt of India bearing interest : Principal. On the 30th April 1793, Sa. Rs. 5,33,68,683 Do 1798, .... 7,57,04,769 Do 1805, .... 19,09,71,445 Do 1814, .... 21,39,92,502 Do 1821, .... 27,92,31,000 Annual Interest. 45,58,798 48,96,510 1,39,98,771 1,27,93,896 1,70 68,261 In 21 III order that I may he enabled at the same time to bring M. Say's statement of the Indian debt to a decisive test^ it will be necessary for me to enter into a little detail. M. Say has not spe- cified the precise period to which his general re- marks apply ; nor the documents from which some of his inferences are drawn ; but in stating the Indian debt at *640 millions of francs^ or £25,600,000^ he has expressly referred to the accounts of 1805. The debt of India in that year was Sicca Ru- pees 19,09,71,445, as stated above, and valuing the rupee at 2s. 6d.^ the rate probably assumed by M. Say, that writer's statement in the first instance is not materially overcharged ; but he afterwards falls into a most unaccountable mis- take, and contrives to augment the Company's imcumbrances in the aggregate, including the home * " D'apres cet expose; on sera peu surpris que la Compagnle des Indes soit si prodigieusement endette, soit aux Indes, soit en Eu- rope, d'autant mieux que, malgre ses pertes, elle n' a jamais cessede payer a ses actionnaires un dividende de lOi pour cent. En 1805 elle avouait une dette en Angleterre de 150 millions et dans I'lnde de 640, en tout 790 millions. Mais j'observe qu'elle n'etablit cette dette, qu'apres en avoir deduit les repetitions qu'elle se croit en droit de former. Or, si ces repetitions ne sont pour la plupart composees que de mauvaises creances, dont il est impossible qu'elle soit jamais payee, elles ne sauraient passer pour un actif qu'on puisse employer a diminuer les dettes passives." — P. 289. M. Say appears to have drawn some of his materials from the " History of British India," vol. S. ; but if his statements had been perfectly correct, our present situation is surely not to be deduced by going back to the year 1 805. 22 home debt of 150 millions of francs, (or six mil- lions sterling,) to the enormous sum of 1,200 millions of francs, or £48,000,000.* He first alleges that the sum of £25,600,000 is the amount of our Indian debt, after de- dvcting the amount of assets, and that in these assets we have included what is technically termed *^' dead stock/' or the value of forst, buildings, furniture, bad debts, and the like ; and he, therefore, proceeds to add the sum of 400 millions francs, or sixteen millions sterling, to our acknowledged debt, for the purpose of exhibiting, as he conceives, the real condition of our finances. But it is not true that in arriving at the sum quoted by M. Say, the ''dead stock,'' or even the '' quick stock," had been deducted from the Indian debt, although the latter, consisting as it does of cash and other available assets, must be deducted in order to shew the true state of the Company's affairs ; and that writer has conse- quently committed a two-fold mistake, first, in assuming a deduction to have been made which never was made ; and next, in adding to the assumed debt of £25,600,000, a sum whih, if correct, ought to have been deducted from it. But * " Or, toutes ces mauvaises creances ne s'elevant pas k moins de 400 millions, lesquels ne devant pas etre deduits, ainsi que le pretend la Compagnie, de sa dette avou^e de 790 millions, laissent le principal de cette dette de pr^s de 1 ,*' 1 xc^ I ^'^i' 1 I c^ 1 1 "^ o ^ 1 1 o ' LOO II 1 Is 1 Ijo i 1 Si X iss 1 3 1 1 ^ 1 1 J^^'^l S^ 1 ^coco gS8 o (ri 01^ 1-^ Sr{^:^ K-< O ^ X ^ KH X o o • H H Eh (Mtr^-^ o XCOl^ H ^ O X to t t^%^ co.-^"'-h" H CO lo -^o 00 ^"cff .2 »— 1 ^ s ^ CO ^ o ►-* HH y-t Hi o s ^ ^ S bb Q CO Oi ""H ^i^'M "to ^ to vO «^^^(M w >^ co_x ^>» i» '-tCl'^ O CO lO^oq^ bO .S 1 1^ H O r3 Or-T »n o h>. CO O CO l^ ^v:x O H —1 LO OiCOTt^ C5 :-: CD H CO < CO lOCf 1— ( o5 X 5o U ^ Q CJ^X^X^ X lq'-h n X^Oi^O-j, >— 1 CO 1^ "3 o H Q Ph CO 60 The manufacture of opium in Bengal is a strict monopoly^ and I have to vindicate this tax against the same prejudices, which the very term *^ mono- poly" never fails to excite ; but, although I can- not, in a manner quite satisfactory to myself, get over one objection to which the monopoly is lia- ble, namely, that the government have been com- pelled, as a means of securing it, to prohibit the cultivation of the poppy in particular districts, and thus to trench upon the rights of property ; yet, even for this stretch of power, some excuse may be found, since the general use of an intoxi- cating drug is not only productive of physical evil, but is, moreover, calculated to have a pre- judicial effect upon the morals and good order of society. In other respects, 1 have no formidable diffi- culty to surmount. When strictly examined, the tax on opium will be found to resolve itself into a high export duty, which is paid by the foreign consumer, and which is regulated by the export- ing merchant, who determines the price to be paid for the article upon his own view of what the foreign consumer can, or will, pay for it. Tiie opium costs the Company in Bengal from 225 to 250 rupees per chest :* it is exposed to public sale, periodically, under an express stipu- lation * The chest contains two factory maunds— 149] lbs. 61 latioii that the article shall be exported. The merchant bids for it what he pleases ; sometimes more and sometimes less : there is free compe- tition^ and the difference between the actual cost of the article and the sale price, is evidently nothing more nor less than a custom-house duty. Wherein would be the difFerence, if the Govern- ment disposed of the opium at prime cost, or allowed others to manufacture it, and afterwards imposed a duty of 100 or 1,000 per cent, on the exportation of the article ? The existing system is, no doubt, to be preferred, because it is better calculated to prevent smuggling, and because the exporting merchant is better qualified to deter- mine the proper rate of duty than the Govern- ment can pretend to be. High rates of customs may have a prejudicial effect in checking exportation ; but in this in- stance the tax is paid 'voluntarily/, and does not prevent exportation. . The Chinese are certainly made to pay very high for our opium ; and they in return make us pay very high for their teas : but we scarcely can be said to do them an injury by raising the price, so as to discourage the use of a drug, which, however excellent as a medi- cine, cannot be used habitually, or in excess, without injury to the individual who indulges in the habit. Prior 62 Prior to the administration of Lord Teign- mouth, the opium revenue was of small account. The article was provided by contract : the drug was in general impure ; it was not held in esti- mation in the foreign market ; and so late as the year 1797-8^ it averaged only Sicca Rupees 414. 15. per chest. In the following year 1798-9^ the price rose to Sicca Rupees 775. 3. per chest : it continued to rise from that time^ fluctuating, however^ at particular periods, until in 1822-23 it averaged 3,090 Sicca Rupees per chest ;* the quantity brought to sale in that year, being only 3,504 chests, or 1,000 chests below the quantity usually disposed of by the Government. The improvement in the revenue is, in a very great degree, to be ascribed to the change in the system of management introduced by Lord Teign mouth. The contracts were abolished ; the opium was provided by public agents, to whom a liberal commission was granted on the sales ; the manufacture was confined to the dis- tricts most favourable to the growth of the poppy; a rigid examination was established at the Presidency to insure the purity of the drug ; its quality was rapidly improved ; the confidence of the exporting merchant and foreign consumer was gradually secured ; and, in the course of a few * It has averaged as high as Sicca Rupees 4,001. 4. 11. per chest. 63 few yearSj a chest of opium^ bearing the Com- pany's nnarks, passed among the Malays and Chinese like a bank-note^ unexamined and un- questioned. The quantity of the article annually brought to sale in Calcutta, has been from 4/X)0 to 4^500 chests^ 2,500 of which were understood to be consumed in China ; while about 2,000 chests were distributed among the inhabitants of Java, Sumatra, Borneo, Celebes, and the other islands in the Eastern Seas. Four thousand five hundred chests were heretofore supposed to be the largest quantity which could be disposed of with advan- tage ; and although the consumption has proba- bly increased, and is increasing, there are strong grounds for believing that we shall not consult the interests of the revenue by extending the sales beyond that quantity. The following statement will shew the gross produce of the sales of Bengal opium during the last 14 years, or from 1808-9, with the cost and charges of manufacture, viz. Gross Receipts. Cost and Charges. 1808-9 CurrentRs. 59,56,354 Current Rs. 9,67,278 1809-10 82,23,431 8,31,275 1810-11 93,59,961 9,61,879 1811-12 92,46,775 8,77,325 1812 13. 72,99,401 8,80,528 1813-14.^. 96,40,729 10,77,638 1814 15.* 1,10,35,626 8,29,881 1815- (34 Gross Receipts. Costs and Charges. 1815-16 ...a. Rs. 1,05(12,601... CL Rs. 10,97,585 1816-17 94,16,539 11,85,490 1817-18 87,35,983 8,92,496 1818-19 83,05,846 8,89,915 1819-20 79,98,248 10,35,066 1820-21 1,43,64,321 13,57,259 1821-22 1,12,57,275 9,86,722 It willa|5pear, from this statement, that, although the revenue has fluctuated from time to time, it has been in a course of progressive advancement, and I have been accustomed to consider the opium as one of those branches of our Indian revenue upon whose stability and improvement we could most confidently rely. Very different views have, how- ever^ been lately adopted with respect to the means of encreasing this resource ; and 1 am led to apprehend that the change of plan will not only fail to produce the advantages expected, but that it will have the effect of rendering the existing revenue extremely precarious. In the province of JVIalwa, and other districts on the western side of India, opium had long been produced, and had found its way, through various indirect channels, into China and the other mar- kets in the Indian Seas, interfering, more or less, with the sale of our Bengal produce. When this territory came into our possession by the successful termination of the Mahratta 65 War in 1818^ ihe government appear to have adopted the notion that a field was opened for extending the opium monopoly; and departing at once from the maxim, heretofore acted upon, of circumscribing the produce and of confining the manufacture to particular districts, supposed to be most favourably situated for the growth of the poppy, they made large advances for its cultiva- tion in Malwa, paid high prices for the drug, and otherwise held out every encouragement to the extension of the manufacture. Nor has this new course of policy been restricted in its application to the new territory. The government of Bengal have more recently taken measures for increasing^ the produce in the districts under that Presidency ; they have even appointed the collectors of the land revenue to act as deputies to the opium agent, and have stimulated their exertions to favour the cultivation of the poppy by granting them a com- mission, or per centage, on any increase which may be made to the produce. In short, without entering into the reasoning, which led to the change, it will be sufficient to state that it is now broadly maintained that our object should be to encourage production^ and to draw a revenue upon a larger quantity, which, being disposed of at moderate prices, may be expected to check foreign competition, and not only to secure, but to en- large, the markets of consumption. The article K is 66 is also supplied for our own domestic occa- sions_, and there seems to be no longer any intention to discouraore the use of the druo' bv our native subjects ; ahhough, heretofore, the utmost precaution was observed to prevent their obtain- ing it, even in the smallest quantity. in the instance of salt and tea, I concur en- tirely in the position, that we should endeavour to raise a moderate revenue upon a large consump- tion ; but in the case of opium, a different policy should, I think, be pursued. I do not mean to affirm that the quantity may not be too small and the prices too high ; because very high prices operate as a premium, which promotes smuggling and adulteration, as well as foreign* competition ; but as far as it can be circumscribed without ^vo- ducing such effects, it is desirable, 1 think, that it should be limited. The accounts printed for Parliament do not shew the number of chests brought to sale annually by the government, or it would, I believe^ appear that, in almost every instance, the proceeds of those sales have been nearly in the inverse ratio of the quantity disposed of; and, with this evidence before us, it is surely not * The cultivation of the poppy has, I understand, been success- fully introduced into the Philippine Islands, which are placed in the very centre of the opium consumers ; and I am apprehensive that our sales will be affected by a competition from this quarter. 67 not wise or prudent to extend the manufacture unnecessarily. The following memorandum will shew the pro- gress which has been made in realizing an opium revenue from Malwa, in the two first years of the experiment. Gross Receipts. Advance and Charges. Current Rupees. Current Rupees. 1820-21 3,23,347 1821-22 33,89,333 41,99,741 Per Estimate. Per Estimate. 1822-23 32,12,500 65,60,600 Here we have a very heavy charge in lieu of a revenue; but 1 do not mean to say that this is a just exhibition of the ultimate result. The large advances which have been made (most improvi- dently, as I conceive) have produced^ and will produce^ opium, more than sufficient, probably, to replace the disbursement ; but 1 have reason to know that we are going on with our advances upon a very large scale, and 1 see reason to apprehend, not only that the proceeds of the sales of Malwa opium will do little more than reimburse the cost of the article, but that those sales will, in a very material degree, affect the sale of our Ben- gal produce. When we advert, moreover, to the magnitude of the sum advanced for the article in Malwa, in 1822-23, it is impossible not to feel a little startled : K 2 it 68 it is more than six times the amount paid for the whole produce of Bengal (about 4,500 chests) ; and we must conclude, either that we are to obtain six times the quantity, or that we are to pay six times the price for the Malwa opium, or that both quantity and price are to be augmented. The latter is the true supposition : we are to pay much more than the natural price or cost of pro- duction in Bengal ; and this most powerful stimu- lant is to be applied to obtain an article which we do not want. We place an enormous sum in the hands of an agent, so far removed from the seat* of * This, in itself, is one among many strong reasons for establish- ing a separate Government in " Central India," or in some conve- nient situation west of the Jumna. Sir John Malcolm has warmly recommended the measure, and I entirely concur in its expediency. Our connections and interests have become so multifarious and com- plicated in that quarter that they require constant and vigilant atten- tion. A spark which might be extinguished at the moment by a Government on the spot, may rise into a flame before a reference can be made to the distant Presidency of Fort William — and sur- rounded as we are by Marhattahs — Affghans — Rajapoots — Sikhs — Jaats — and other tribes, having dissimilar views and interests, such sparks must frequently be elicited. Seventeen years ago my colleague and myself, when employed as a Board of Commissioners for the settlement of the Ceded and Conquered Provinces, " urged the expe- diency of a responsible and respectable administration being esta- blished in that distant and valuable territory ;" but the necessity for it is become much more urgent and apparent, now that we have extended our frontier to the west, and that the attention of the Supreme Government has unfortunately been called by a new enemy to the east. See Report from Commissioners, printed in the " Reve- nue Selections," pages 6 to 44. 69 ofGovernment as to be beyond all efficient cou- troul ; and the credit of that officer is to depend^ in a great measure, upon his exertions to produce an excessive quantity of a deleterious drug! If the money thus expended found its way to the cultivators of thesoil^ or to the village zemindars^ who would return a part in the shape of rent or revenue^ there would be less to regret ; but is this the case ? Some of the native chiefs may receive a portion of the amount ; but a portion by no means inconsiderable is likely^ I fear, to be engrossed by contractors,, native officers, inter- mediate agents, and others, whom it cannot be the interest of the Government to maintain and encourage. Two reasons may be assigned for the late pro- ceeding of the Government of India : the one, that they could not, with justice to the landholders, suppress the cultivation of the poppy in our new territory ; the other, that we could not prevent the opium, which is produced in the territories of the native chiefs, who enjoy a real or nominal in- dependence, from finding its way through clan- destine channels to the sea-coast, and from thence to the markets of consumption. The former reason is plausible, and I am no advocate for interfering with the free use of pro- perty ; but we ought to be consistent : we peremptorily suppressed the cultivation of the poppy 70 poppy in the Bengal districts of Rungpore, Pur- neah^ and Baugulpore, where it had been grown for ages, and where a permanent settlement of the revenue had been concluded with the land- holders^ limiting the public demand, and recog- nizing all the rights of property on their part ; and yet we hesitate about doing the same thing in places where it had not been cultivated beforCj where no settlement has been made, and where, consequently^ it is open to the Government to make any ari-angements they may think proper with the occupants of the soil. Is not this to strain at the knat after having swallowed the camel ? The proceeding in Bengal was arbi- trary ; but some excuse may be found for it, if, in addition to the desire naturally felt to preserve an important branch of revenue, the Government was influenced by considerations having reference to objects of police. The second reason appears to me to be quite unsatisfactory and inconclusive. It is surely more easy for us to prevent the illicit manufacture and exportation of opium, now that nearly the whole of central and westerh India is under our direct authority or subject to our influence, than it was when this territory was held by independent and even hostile states. Malwa opium was always exported to a certain extent, from the western side of India, and a small quantity might still find its n its way to the sea through the Portuguese ports of Diu and Damaun, but it would be in our power to render that quantity very small, and its price very high, either by the imposition of high transit duties, or by declaring the article contra- band. This is not an expedient perfectly satisfac- tory to the mind ; but the principle and the prac- tice are recognised and have been long enforced by the enlightened Government of Great Britain, against those fearful articles, French lace, China crape, and Indian brocades. Under these circumstances we must, J fear, look for the true explanation of our measures, in the desire felt by the Government to establish in Malwa the same profitable monopoly which we have succeeded in establishing in Bengal ; but I apprehend that the expectation will be disap- pointed. Whether the monopoly in itself be justifiable or not in principle, it is not for me to decide ; but viewed only as an instrument of tax- ation, I must contend that the means which have lately been pursued for its extension, are calcu- lated to produce effects the very reverse of those contemplated, and that far from looking to any improvement, the experiment, if persevered in for two or three years, will end in the destruction of the present revenue.* Another * The receipts in 1822-23 and 1823-^i will, however, be very large, as there was an arrear outstanding of Sicca Rupees 34,76,000, Another disadvantage has attended our opera- tions in Malwa : under the very judicious arrange- ments which had been for some time in operation, a considerable gain by exchange had been derived by the Government, on the very large supplies annually furnished from Bengal in aid of the limited resources of Bombay ; but in consequence of the enormous sum required for the provision of the Malv^a opium, the agent has been allowed to negotiate bills on Calcutta and its dependen- cies, to an extent exceeding what the trade could supply ; his bills have come into competition with those of the Bombay Government, and instead of gaining, as heretofore, a difference of exchange of not less than eight per cent., a loss is likely now to be sustained on our remittances to the western parts of India. Every thing had been so well regulated that the Government of India gained invariably upon almost all its exchange transactions, and the difference of exchange had become no insignifi- cant source of income; butlobserve, with regret, that even our rennttances to China have not of late on th« 30th April 1822, and the' prices continued high in 1822-23. They have now fallen, and will, I fear, continue to fall. The revenue of 1824-5 from the Bengal opium is not expected to exceed Sicca Rupees 72,00,000 on Rupees 56,70,000 below the actual receipts of 1822-23; and even this reduced revenue will not be realized, if we continue to encourage the production of opium in Malwa. 73 late been effected with the same advantage as heretofore. In the course of the last year a large remittance was made from Calcutta to Canton in specie ; but as it was composed of the coins of Bengal (the Spanish dollar not being procurable probably in sufficient quantity)^ and as those coins would not answer the purposes of the supra- cargoeSj the money has been sent back through a private house of business^ and a loss is likely to be sustained by the Company in freight^, insur- ance (or risk), interest^ and the charges of agency^ to the extent of not less than ten or twelve per cent. The very circumstance of. the supra- cargoes calling for a remittance in specie, shews that the exchange had fallen, or was expected to fall, and the fact is corroborated by late advices from Canton. Sayer, or Excise, including the Abkarry, or Tax on Spirituous Liquors and intoxicating Drugs. The sayer will be taken next in order, as the abkarry, which constitutes the principal branch of it, bears some affinity to the tax on opium in one of its features. The abkarry was established by us upon a regular footing, partly with a view to objects of police, and partly for the purpose of drawing a revenue, at the same time that we discouraged and checked the bad habits of our native subjects. L It 74 It was imagined that we should diminish the use of fermented liquors and drugs, by rendering the article more expensive to the consumer ; and that we should, also, by licensing the shops for its sale, have it in our power to maintain a more effectual controul over the haunts of depredators and other ill disposed persons, accustomed to disturb the peace and good order of society. In both these speculations we have, I fe^r, been disappointed, and had we looked a little deeper into human nature, we might, perhaps, originally have come to a different conclusion. The use of spirituous liquors and drugs by the natives has increased, and is still increasing, and with it, I apprehend, their vices. In India, habits of intoxication are not regarded as they are in some other countries, with indulgence and even favour ; they are revolting to all the feelings of the people, and to all their notions of propriety ; and the Hindoo^ who once addicts himself to drinking, must be content to take a very low place in the scale of society : in truth, the practice prevails only among the lower orders both of Hindoos and Mussulmans ; and if a few individuals at the* opposite extremity of the scale should addict themselves to it, the gratification is indulged in private, for no person, at all scrupulous about cha- racter, would expose himself to the certainty of forfeiting the esteem of his countrymen by pub- licly 75 licly manifesting a disregard of all their feelings and prejudices. In the Hindoo Zemindary of Nuddeah I have heard that not a single shop existed until we licensed the vend of spirituous liquors and drugs ; and at present not a village in it could probably be pointed out, in which such a shop wouhl not be found. Men used spirits, no doubt, in former times, and the lowest classes largely in some places ; but while they did so in private, the evil did not ex- tend so far. The license of government gave a sort of public sanction to the practice, and the disgrace incurred by individuals, was diminished by being participated with their rulers. The in- crease which has taken place in the Abkarry, is not perhaps in itself sufficient to justify me in asserting that habits of intoxication have become more generally prevalent ; but such is the received opinion, and it is quite certain that among the Hindoos, such habits must have a very prejudicial effect upon the morals and social condition of that people. It w^as, also, I fear, a miscalculation to assume that the police could exercise a more efficient superintendence over persons of bad character, in consequence of our licensing '' Public Houses.'* The '' Abkars/' or publicans, are themselves peo- ple of very low caste and condition in India ; it is their interest to have customers, and they would L 2 not 76 not long retain customers if they habitually be- trayed them. Public houses are the usual resort of the idle and dissolute, and a convenient rendezvous for those who meditate felonious designs which must be executed by the concert of numbers. Drinking is often the prelude, and the incentive to their crimes ; men drink that they may rob, and rob that they may drink : gaming, if not a kindred vice, is not unfrequently associated with drinking ; and both exercise a baneful influence by inflaming the passions, by lowering the tone of character, and rendering the fortunes of men desperate. It was equally a miscalculation to assume that the use of spirituous liquors would be diminished by enhancing the price of the article by means of taxation. The materials for intoxication are every- where to be found in India, at so cheap a rate, that the duty can produce no sensible effect. If it be moderate, it will not be felt ; if it be very high, it can be, and will be, evaded. What then remains to be done ? Can we retrace our steps ? I fear not, for when a habit is once established among a people^ it is extremely diffi- cult to eradicate it. We could not now, without great violence, abolish our abkarry system ; but we might have refrained from supplying (as we have done lately) a large quantity of opium for our domestic consumption, since this article is a powerful 77 powerful ingredient in the different preparations which are made for producing intoxication. The abkarry will probably continue to increase ; but it iSj I thinkj to be regretted that it was ever made an object of revenue by the British Govern- ment. 1 shall only notice, and that very slightly, one other branch of the sayer, or excise ; I mean the duty levied on pilgrims resorting to the temples of Jagurnath, Gya, and other places. This tax does not harmonize^ 1 think, with the character of a great and liberal government ; and our interference in the internal management of the temple at Jagurnath, can scarcely be, considered judicious or respectable. It was intended, how- ever, to prevent fraud and imposition, and to guard the pilgrims against violence and extortion ; but such interference has not been found neces- sary at Gya, and, if not necessary, it is undoubt- edly to be avoided : I own, at the same time, that, although wishing to see the tax abolished, I cannot enter into the feelings of some worthy persons in this country, who regard it with as much horror, as if they were the identical Hindoos who are the immediate objects of it. I may observe, generally, in this place, that an excise* is not suited to the situation and habits of the * The sayer gungeaut, abolished by Lord Cornwallis, was a species of excise to which the natives had been long familiarized, but it was 78 the people of India. It requires a multiplicity of officers for its collection ; these officers, receiving very small allowances, cannot be depended upon ; personal oppression would often be committed ; thepower of visiting dwelling-houses is everywhere odious: but, in India, where the female apartments cannot be entered without inflicting disgrace, such a power would be viewed with horror and detestation, and might be exercised to effect the worst purposes. Moreover, commodities which, might be judged proper objects of the excise, are found in such scanty quantity, or so widely dis- persed, that a revenue could not be drawn from them without entailing a charge quite dispropor- tionate, nor without subjecting the people to grievous vexations. Tobacco is an article which promised better than any other, because it is one of general consump- tion ; and several projects have, at different times, been entertained for subjecting it to an excise; but a vexatious imposition. It consisted of duties levied in gunges, hauts, and bazaars (fairs, markets, &c.), on the sale of all commo- dities, partly as rent and partly to defray the expense of providing sheds, stalls, and other accommodations. One disadvantage attended the abolition ; the gunges were neglected and fell into decay, and buyers and sellers, who have an interest in meeting together, being deprived of the accustomed accommodations, did not resort to those places so generally as heretofore. The " rahdarry," or transit duty, was very properly abolished as vexatious and injurious to commerce. 79 but the objections to which 1 have adverted, were considered to be decisive against it, although I have learnt, with regret^ that the project of taxing it^ has lately been resumed. It is an article which is usually grown in garden-ground, adjoining the habitations of the natives; and as they can thus supply themselves at their very doors^ it could not be brought under an excise without a heavy ex- pense, nor without subjecting the growers and consumers to an inquisitorial power, which would be perfectly intolerable. Attempts have been made to introduce some other taxes of an objectionable character, (the house tax, shop tax, &c.) ; but as they were found to be unpopular, the good sense and proper feehng of the Goverment induced them to give way, and to withdraw the obnoxious impost, before it pro- duced, as it threatened to do, a serious ferment and popular commotion. THE STAMPS. This is a tax of European origin, and Jittle suitable to the character and habits of our native subjects. It is very expensive in collection (one of the tests of a bad tax) ; it is extremely vex- atious, and it holds out great temptations to fraud from the ease with which the stamps can be imitated. 80 imitated, and from the ignorance of the people who are compelled to use them. This immoral tendency ought especially to be guarded against in fiscal legislation, for, although the individual who will evade a tax, or defraud the revenue with little scruple, will not always de- fraud his neighbour, it is dangerous to shake the moral principle, since men who begin by com- mitting what they consider (however erroneously) venial trespasses, are decidedly on a road which may conduct them to more serious offences. A tax, moreover, which can be easily evaded operates injuriously towards the fair dealer ; and a tax which admits of impositions upon the ignorant and unwary, by throwing doubts over all contracts and commercial transactions, is liable to very serious objections. The stamps, too, were superadded to other taxes : the individual who had to pay customs was called upon at the same time to pay for a stamp ; he who had to deposit a judicial fee on entering his suit, was also required to add to it the price of a stamp. Now, one direct tax is surely enough at a time ; and it certainly tended little to the credit of our Government to send away an ignorant native, several miles perhaps, in search of a stamp, before he was allowed to present a petition. This ground of reproach has, I believe, been removed. This 81 The stamp duties made little progress for several years after their institution^ but they have lately advanced more rapidly ; and if we could be satisfied that their increase is fairly to be ascribed to the increasini^ wealth of the people, and not to the imposition of higher rates, to their extension to new objects, or to the stricter enforcement of revenue laws, there would be something to reconcile us to the conti- nuance of the tax. The following is a memo- randum of the receipts and charges in the last three years. BENGAL STAMP DUTIES. Receipts. Charges. 1819-20 Ct.Rs. 14,61,280 Ct. Rs. 6,51,610 1820-21 15,08,971 6,51,446 1821-22 *15,14,992 6,16,916 Per Estimate. 1822-23 21,57,600 5,80,000 FORT * In Account No. 1, page 6, of the last printed statements (bear- ing date May 1824) the stamps in 1821-22 are stated at Current Rupees 15,14,992 : and in Account No. 9, page 22, of the same series of statements, they are stated at Sicca Rupees 18,40,843, or Cur7'ent Rupees 21,35,377. This difference arises from the omission of the Stamp Revenue of the " Ceded and Conquered Provinces '* in Account No. 1, which is prepared in this country. It would, how* ever, in my opinion, have been much better if the Bengal arrangement had been adhered to: 1st. Because the whole Stamp Revenue ap- pears in one sum in the Bengal account, whereas in the English yi account 82 FORT ST. GEORGE STAMP DUTIES. Receipts. Charges. 1819-20 ... Pcigudas 1,29,797 ... Pagodas 8,909 1820-21 1,55,607..... 24,379 1821-22 1,61,859 24,801 Per Estimate. 1822-23 1,43,916 21,235 BOMBAY STAMP DUTIES. 1819-20 Rupees 1,59,717 ^^i 1820-21 1,42,898 ^.s I 1821-22 1,79,026 l| I Per Estimate. ^M ^ 1822-23.... 1,65,000 g|i It will iaimediately strike those who have given attention to the principles of taxation, that the high rate of charge^ which in Bengal has hitherto absorbed a large portion of the collections, con- stitutes a great objection to the stamp duties. It is improvident in any Government to take £15 from account we can only discover a part, the remainder being incorpo- rated with the Land Revenue. 2dly. Because in the English account a part of the revenue stands opposed to the whole charge, unless, indeed, the charge of the stamps in " the Ceded and Conquered Provinces " be also incorporated (which is not probable) with the charge of the Land Revenue ; and, lastly, because the two accounts ought to be made to correspond, unless there be some strong reason for a deviation, which assuredly cannot be alleged in the present instance. Such discrepancies produce doubt, whereas the Company's accounts are entitled generally to the fullest confidence, for they are prepared by men of high character and great professional knowledge. 83 from the pockets of the subject, when only ^9 of the amount* comes into the public exchequer ; and althoutrh it would appear from the estimate of 1822-23^ that the disproportion of the charge to the revenue is expected to be less hereafter^ I cannot bring myself to regard the stamps as an economical tax, nor as one which can be consi- dered free from other objections. THE CUSTOMS. It is gratifying always when we find the cus- toms prosperous and improving, because from their healthful condition we may generally infer that the bounteous gifts of nature, and the works of human industry and skill, are freely distributed among the sons of man. Their productiveness is also in general an indication of wisdom and mo- deration on the part of the Government, for it rarely * Receipts in 1821-22, say in round numbers 15,00,000 Deduct charge ditto 6,00,000 Net Revenue 9,00,000 The charge of 6,00,000 on 9,00,000 is equal to 66f per cent. But I suspect (as intimated in the preceding note) that the sum of 6,00,000, is the total charge n^on the total revenue o^Cnnent Rupees 21,35,377, and, in this case, the rate of charge will be reduced to about 28 per cent. M 2 84 rarely happens that excessive duties produce a large revenue. The great secret of finance is to promote civ- culation and consumption ; for although in the natural order of things production must precede consumption, it is quite certain that if consumers be found, and no interruptions to the circulation of commodities be interposed, production will take place. But what avails it to France that the banks of the Seine are covered with the fruits of her vineyards, if they cannot find a purchaser? Her light wines, however grateful they would be to the taste of our people, are nearly excluded from this country by disproportionate duties, and this interdiction virtually excludes from France our hardware, our beautiful cottons, and other articles, which would be highly appreciated by her population. fVe cannot urge the plea of having rival manufactures to protect, for throughout the wide extent of our dominion we do not make a single hogshead of wine from the juice of the grape, except at the Cape of Good Hope. France has cotton manufactures^ but our capital and our machinery would enable us to supply a part of her large consumption with advantage to both parties, if we were content to receive her wines in exchange. As the dawn of a more liberal policy has lately appeared in our councils, we may indulge 85 indulge a hope that the experiment* will be made, and that commercial interests, which are always favourable to peace, will tend to check hereafter those military and political feelings, which have so often involved the two countries in unprofitable warfare. The manufactures of India have had to struggle of late years against desperate odds, and the pow- ers of machinery threaten soon to annihilate them altogether. It would be idle in the people of that country to complain of the introduction of machinery, which must be regarded as one of the great improvements of the age, and it would be not less so to attempt to counteract its effects by bounties and protecting duties, even if India possessed the power to legislate for herself. But our Indian subjects have just cause to complain of being treated as aliens in our system of com- mercial policy ; and if the stream of wealth which has flowed into the mother country should become languid, or altogether fail, it will be no more than the natural result of those restrictive measures which seem to say, *' you shall not produce, either for our benefit or your own.'* The people of India are British subjects, and they have claims to * Since these pages were written, the Chancellor of the Exchequer has proposed a large reduction in the duties on French wines, and I congratulate him and the country on the wisdom of the measur?. 86 to something beyond the privilege of paying twenty-two millions sterling in annual re- venue. The Government abroad has always been at- tentive to the interests of commerce^ and has been solicitous to promote the external trade of the country. The customs^ both on imports and ex- ports^ are moderate^ seldom exceeding five per cent, ad valorem^ with double rates on foreign bottoms, or on foreign produce. We cannot, in the first instance, levy duties on the foreign trade, which passes the port of Calcutta to the settle- ments of Chinsurah,* Chandernagore, and Se- rampore, the river being free and open to them ; but, by a sort of fiction, we treat those places as ports beyond sea ; and, in order that the merchants frequenting them may not enjoy an exemption from the customs, we levy the import duty on all commodities coming from thence into our terri- tory, and the export duty on goods passing from our territory to the foreign settlements. Their own consumption of articles imported from be- yond sea, of course, escapes the tax. At * Chinsurah has now been ceded to us by the Dutch ; but it is much to be regretted that these small settlements were restored at the peace. They are the source of inconvenience to us, without being the source of advantage to their possessors. The same may be said of the Portuguese settlements of Diu and Damaun, and even of Goa on the Malabar coast. 87 At a period not very remote^ the customs were levied in almost every district in our western pro- vinceSj and goods proceeding from the Jumna to the Presidency, paid duties repeatedly in transitu^ and were repeatedly detained for examination ; but this system, which caused great embarrass- ment, delay, and expense to the merchant, has since been corrected. Town duties are still col- lected in the cities and principal towns as a means of taxing the consumption of those places ; but as they are generally the resort of the more opu- lent, the tax is not, I think, justly liable to objec- tions. Under the circumstances in which British India is now placed, with her manufactures in a state of decay, and her trade to the mother country la- bouring under restrictions, it would not have been surprising if the customs had declined ; but it will be satisfactory to find from the following abstract that this is not the case. BENGAL CUSTOMS (ancient Territory). Receipts. Charges. 1819-20 Ct. Rs. 42,77,870 Ct.Rs. 5,81,589 1820-21 44,48,417 5,89,846 1821-22 47,90,014 7.06,651 BENGAL CUSTOMS, including the " Ceded and Conquered Provinces." 1819-20 Ct.Rs. 73,82,537... Ct. Rs. 10,41,337 1820-21 82,48,810 10,77,567 1821-22 84,74,496 12,01,932 MADRAS 88 MADRAS CUSTOMS (ancient Territory). Receipts. Charges. 1819-90 ... Pagodas 4,54,282 ... Pagodas 1,27,145 182021 4,61,624 1,38,062 1821-22 5,66,101 1,74,395 The customs collected under the Madras Presi- dency^ in the territory more recently acquired by us^ appear also to have increased gradually^ and they amounted in 1821-22 to the sum of Rupees 35,37^878. The customs at the port of Bombay appear to have been nearly stationary for several years. In 1816-17 they amounted to Rupees 9,82,001 And in 1821-22 to 10,28,624 There has^ however, been a considerable aug- mentation of territory at Bombay, in consequence of the favourable termination of the late war with the Peishwa ; and the customs under this Presidency niay now be stated as follow : — Total collections in 1816-17, prior to the late acquisitions Rupees 15,35,290 Collections in 1821-22 34,33,708 It is scarcely necessary for me to mention that, in the observations which I have offered on the different branches of our revenue^ I have had more especially in view the Presidency of Bengal, where 1 was myself employed ; but, in truth, this is 89 is the great mine of our wealth. The revenues of Port St. George scarcely do more than defray the charge of the civil and military establish- ments^ the surplus at that Presidency^ even dur- ing peace^ having rarely exceeded the sum of £300,000. At Bombay there has been always a considerable deficit, which was supplied from the surplus resources of Bengal. In 1816-17, prior to the commencement of the late war, it amounted to £1,042,056; but in conse- quence of our recent acquisitions, the deficit has been reduced, in 1821-22, to the sum of £754,154. In addition to the branches of revenue already enumerated, there are receipts at the different Presidencies from various less important sources. Peishcush, or tribute, from independent chiefs ; mint duties ; post-office collections, &c. &c. ; but these did not appear to me to call for explanation. 1 have, indeed, avoided, as far as possible, all unnecessary details, which would only have taxed unprofitably the attention of the reader. My object has been to give a slight sketch of the sources of our reveime ; to exa- mine, in a cursory manner, how far the dilFerent branches of it are reconcileable with sound prin- ciples of policy ; and to ascertain, from this exa- mination, how far we may, with confidence, rely upon their permanency, and upon their contain- N ing 90 ing within them the seeds of future improvement. The chief branch of our revenue still remains to be noticed ; and it is one which demands a dis- tinct and a more deliberate consideration. CHAPTER in. LAND REVENUE OF INDIA. I HAVE already observed that the land has^ for ages, constituted the chief source of revenue in India^ and I have endeavoured to explain the cir- cumstances which have led to the adoption of this particular mode of taxation. Prior to the administration of Lord Cornwallis, the land revenue had usually been let out to farm, sometimes for a single year, and sometimes for a period of five years ; and occasionally whole dis- tricts were leased out to a single individual. In other instances, what is termed '' Khas" manage- ment, was resorted to ; that is, the European col- lector of a district, by means of the agency of native officers, collected the rents directly from the village communities, or individual occupants of the soil : and in both cases the rule seems to have been, to levy the utmost which the land would yield, without actually compelling the pea- santry to desert their fields and homes. This vicious system, which prevented the pro- gress of cultivation, which had already impove- N 2 ' rished 92 rished the country, and which threatened to reduce it to a state of irretrievable poverty and ruin,* soon attracted the notice of Lord Cornwallis ; and after a long, patient, and able discussion, that upright statesman was convinced that considera- tions of justice, o[ humanity, and policy, all con- curred to render a total change of plan abso- lutely necessary. The revenue system, to which the just views of Lord Cornwallis disposed him to give a prefe- rence, involved questions of some difficulty. We were, at the time, imperfectly acquainted with the state of the country ; our information with re- spect to the tenures under which the lands were held was incomplete ; and we had not decided in whom the right of property in the land actu- ally vested. The Zemindars (literally landhold- ers) were generally supposed to be the proprie- tors, ♦ The following just description of the farming system is given in a letter from the Court of Directors, bearing date the 29th January 1813. " We observe that the revenue of a considerable proportion " of the lands, both in Etawah and Allighur, has been let in farm : " a system which, wherever it has obtained, experience has shewn to " be productive of fatal effects. It was this system which ruined " the Carnatic under the late Nabobs; and we fear that all the " modifications which may be applied to it under a British adminis- " tration, will fail in preventing its pernicious effects, &c. &c." See " Revenue Selections," page 76. I need not refer to the exag- gerated description of the farming system given at the trial of Mr. Hastings, but it is notorious that it was productive of the most serious evils in Bengal, as well as in the Carnatic. 93 tors, partly from their Persian designation, and partly from their being fonnd more generally in possession ; but it was maintained on the other hand, that these persons were mere officers of government, and that, according both to theory and usage, the sovereign, as lord paramount, possessed a right to a certain portion of the pro- duce of every acre of land : others contended, that the Malicks, or village zemindars, were the rightful proprietors; and others, again, that no right of property could be traced beyond the ryot (or husbandman), the heads of villages, or the village community^ who cultivated the land in common. It would be quite out of place were 1 to renew the discussion of a question, which is only inci- dentally connected with my subject, and which, as far as it regards the Bengal settlement, has been set at rest. I could not indeed pretend to throw any new light on what has been written on the landed tenures of India. The rights of the zemindars were contested by persons of high authority ; but Lord Cornwallis, who naturally revolted at the extravagant proposition of the sovereign being the universal landlord, at once cut the knot, by deciding, that if landholders did notexist, they ought to exist, and must be created ; and as a consequence of this determination the zemindars, whose connexion with the land was more 94 inore immediate and apparent^ were recognized by our Government as the proprietors of the soil ; a reservation bein*^ expressly made at the same time in favour of the rights of any other parties, who^ by virtue of prescriptive usage or otherwise, might be able subsequently to establish an inte- rest' in the land. That in assigning the lands, in the first instance, generally and indiscriminately to the zemindars, we may have overlooked the situation of other parties, having equal or superior claims, I am not prepared to deny ; nor can I deny that we may have attempted to reconcile things incom- patible, by admitting a full right of property on the part of the zemindars, while we endeavoured at the same time to limit their demands for rent, and to preserve the right of occupancy to their ryots and under tenants. It must, moreover, be conceded, that Government, in the first instance, armed itself with more summary powers for col- lecting its revenue, than it was willing to entrust to the zemindar for collecting his rent: and the consequence was that the under tenants succeed- ing in some cases, by means of combination, in resisting for a time the demands of the land- holders, several of the larger and more unma- nageable estates were brought to sale, and passed away from the hereditary aristocracy of the coun- try. They passed, no doubt, into the hatuls of more 96 more prudent managers, and the subdivision of these principalities was favourable to the exten- sion of agriculture ; but still it is to be regretted that it should have taken place by any severe operation of our laws ; and^ as frequently happens in such cases, the anxiety to correct one evil led to another in the opposite extreme. Regulation VII. of 1799^ was enacted for the express purpose of relieving the zemindars : but it invested them with powers which are liable to be abused, and which have since been supposed to sanction a great degree of violence and oppression on their part. Some minor objections may be urged against the recognition of the zemindarry right, before we had accurately ascertained and defined the rights of the inferior Talookdars, and others, who held an interest in the land under different tenures ; but it was considered necessary to take some de- cided step, and the Government proceeded upon the assumption, that all questions relating to the rights of these parties might safely be committed to the courts of justice. This would have been a safe and judicious course, if the laws had accurately defined rights, or if usage could have been safely referred to as authority, in a country where nothing had been stable, where no rights had been re- spected, and where, for a long series of years, the weak had been more or less at the mercy of the strong. The 96 The next question to be decided was, whether the settlement to be made with the zemuidars should be concluded for a term of years ? or whe- ther the Government, limiting its demand upon the land, should declare the amount to be fixed in perpetuity ?* I could not possibly,, by any abridgment, do justice to the able discussion which took place between Lord Cornwallis and Mr. Shore (now Lord Teign mouth) on this important question ; and 1 shall, therefore, merely mention, that it was determined by his lordship, after mature delibera- tion, that the settlement should be declared permanent ; and that this determination was approved and confirmed by the authorities in England, in a letter from the Court of Directors, bearing date the 29th August 1792,f in which the principles of the settlement are reviewed with a spirit of liberality, and with a statesman-like comprehension, highly honourable to those from whom it proceeded. Lord * The plan of a permanent settlement was first urged upon the attention of Lord Cornwallis by Mr. Thomas Law, one of a family highly distinguished in this country in the Law and the Church. It was urged with characteristic ardour by one, who is an enthusiast in every thing which concerns the interests of humanity. f This admirable letter is supposed to have been written under the immediate dictation of the late Lord Melville , and with the entire concurrence of the ministry of the day— Mr. Pitt—Lord Grenville, &c. 97 Lord Wellesley, actuated by similar views of an enlightened and benevolent policy, enacted cer- tain regulations in the years 1803 and 1805^ for the formation of a decennial settlement in the '' Ceded and Conquered Provinces;''* and in these regulations a formal pledge was given (subject to the approval and confirmation of the Court of Directors), that the settlement would be rendered permanent in all cases where the cultivation of the lands shotdd have been sufficiently advanced, and the landholders should have punctually ful- filled their eno'ao'ements with the Government throughout the term of the decennial lease. The Honourable Court is understood to have recognized the promise made to the landholders of the '• Ceded Provinces'' by the regulations of 1803 ; but no such recognition appears to have been extended, otherwise than by implication, to the landholders of the '' Conquered Provinces,'* although, the circumstances of Jhe two cases being precisely similar, the spirit of the Honourable Court's instructions applied equally to both.f Sir * Regulations xxv, 1803, and ix, 1805. f This question has been nlost ably examined by Mr. Edmonstone, in a late minute which unfortunately is not before the public. The Court of Directors, if they had disapproved of the promise made by the Supreme Government to the landholders of the Ceded Provinces in 1803, could scarcely have written as follows on the 28th August 1804: — " As the permanent settlement for these extensive districts is " not to be carried into execution for ten years, from the coramence- Q ment 98 Sir George Barlow and the lale Lord Minto, impressed with a deep conviction of the great advantages which had resulted from the '' per- manent settlement," both to the Government and to the people, were solicitous to extend the benefit of the measure to the '^ ceded and con- quered provinces/* evenbefore the expiration of the decennial leases ; and a board of commissioners was deputed in 1807, to those provinces, for the purpose of carrying the arrangement into imme- diate effect. Upon grounds, however/ which are fully de- tailed in a report* from the commissioners, bear- ing date the 13th April 1808, the expediency of postponing the measure, except in two particular instances, was strongly urged to the Government : it was accordingly suspended for the time ; and the country continuing from that period under temporary settlements, an encreasef of Tevenue has " ment of the first triennial settlement, there will be full time, under " the operation of that principle, and during the continuance of the " respective periods of intermediate settlement, to ascertain their fuU " value, and for enabling you to conclude a permanent settlement on " such terms as shall be fair and equitable." — Mr. Edmonstone's ex- cellent Minute should have put the question at rest for ever. * See Report in " Revenue Selections," pages 6 to 44, by the commissioners, Messrs. Cox and Tucker. See also Mr. H. Cole- brooke's Minute in reply to this Report, pages 44 et seq. t This encrease is to be ascribed, in a great degree, to the ablg management of the late commissiouerj, Sir E. Colebrooke and Mr- • Deane 99 has been obtained^ abundantly sufficient to justify the delay which had been contended for bv the commissioners in the first instance. But the pledge of the Government to grant a '' permanent settlement'' on the expiration of the decennial leases, remained in full force ; and if in any one instance the two conditions of the pledge were complied with, (and it is matter of notoriety that •they were complied with in very many instances^) the benefitbf the measurfe could not be withheld without an absolute breach of faith. For the reasons which have caused it to be so long withheld, 1 must refer to the Honourable Court's Deane, and to the indefatigable and successful exertions of some of the collectors under them, Mr. Trant, Mr. C. Lloyd, Mr. Ross, Mr. Christian, &c. The following comparison will shew the encrease of Revenue between 1808 and 1819 : — 1807-8. 1818-19. ' Encrease. Land Sa. Rs. 2,18,78,040 3,14,9^^,570 96,14,530 Sayer 7,75,920 13,30,420 5,54,500 Customs 14,83,510 29,58,290 14,74,780 Total Sa.Rs...2,41,37,470 3,57,81,280 1,16,43,810 Mr. Trant, by a course of laborious exertion, encreased the reve- nue of one district in the sum of ^6100,000 per annum, viz. Bareilly : amount of first triennial settlement in 1 803, Rs. 22,97,588 Mr. Trant's settlement in 1809-10 31,65,495 Encrease Rupees 8,67,907 o 2 100 Court's letter to Bengal, of the 16th March* 1813^ and other official correspondence on the subject. It has been stated, that it would be in- convenient to sanction two different kinds of settlement, permanent in one place, and tempo- rary in another ; but this objection is not entitled to the slightest weight, even if considerations of expediency could be admitted to supersede the obligations of justice. Mokurrer^ and Istimrary grants*(perpetual grants at a iixed assessment), were made not unfrequently by our Mahomedan predecessors ; and the people throughout our pro- vinces were familiarized and attached to them, long before they had before their eyes the '^ per- manent settlement" concluded by Lord Corn- wallis in the Bengal districts. If one single landholder had then complied with our condi- tions, his claim ought to have been admitted, and we could have no plea for withholding the boon, on the ground that his neighbours had not performed ^AeiV engagements. By conceding /i«s right, we should not only have done an act of justice, but we should have encouraged others to follow^ his salutary example. It is of importance to all governments that they should preserve faith with their subjects ; but situated as we are in India, our dominion resting in a great degree upon moral influences, it is of peculiar t See " Revenue Selections,^' pages 136 et seq. 101 peculiar importance that we should command the confidence and esteem of the people. By grant- ing fixed tenures^ and limiting the public demand upon the land, we give the landholders an interest in the stability of our Government. This is a great point gained in any part of our territory ; but it is more especially desirable and essential to our security, that such an interest should be ex- cited in our favour in our western provinces, where we have an open frontier accessible to our most formidable enemies, and where we have a brave and warlike population, ready at all times to ex- change the ploughshare for the sword.* The peasantry/ of RohWkund in 1794, boldly encoun- tered, ' * See Secret Letter fromBengal — " Revenue Selections," page 134, para. 17. " It is under circumsta^jces, such as we have just stated, " that we are commanded to announce to the great body of the " people, that tha permanency of the Jumraa no longer exists. The " assurances given to the landholders.in the years 1803 and 1805, and " which for the reasons already stated, we consider to be in full " force and effect, may, in some degree, alleviate the disappointment " which must be experienced from the operation of the present " orders. Still it is impossible to judge, a priori, of the effects with " which that disappointment may be attended. It is a feeling which ** is nearly allied to discontent ; and when these impressions are felt " in any considerable degree, resistance to public authority is always " to be apprehended. The people have furnished on affairs of com- " paratively small and trivial interest, examples of a disposition to " assist their wishes by tumult and outrage. A more powerful in- "* citement to seek redress by combination and violence, cannot be " given in any country, and cannot extend to a larger and more " powerfiil class of the community than injustice supposed to be " done to the great body of landed proprietors." tered, and nearly defeated, a large army of regu- lars, under the personal command of a gallant and experienced officer.* The public authorities in Bengal, with scarcely an exception, have all concurred in the propriety of redeeming our pledge to the landholders of the " Ceded and Conquered Provinces,'' both on grounds of justice and of policy. We have had the country under our management for twenty years, and have become acquainted with its situ- ation and resources ; those resources have been gradually developed and improved ; and we have been enabled, in consequence, to add above a million sterling to our annual revenue ; and we have had, at the same time, an opportunity of acquiring better information with respect to the nature of the tenures und other circumstances, which it was necessary to ascertain, in order that we might not compromise the right's of different parties, whose interests might be aiiected by the settlement. The Court of Directors do not, I believe, pro- fess to be solicitous to augment the ample reve- nue which is, at present, derived from the '' Ceded and Conquered Provinces;" and few persons will iiow be found so visionary as to fancy that per- fect equality in the assessment, even if it were practicable in the first instance, and absolutely essential * Sir Robert Abercrombie, Comraander-in-Chief in India. 103 essential at any time^ could long be preserved in a country, where changes in the course of agri- culture and of connmerce, must necessarily occa- sion variations in the value of agricultural pro- ductions. In a particular estate, the introduc- tion of the cultivation of Indigo alone, may double the value of the produce ; while in a neighbouring zemindarry, originally of equal value, some unfavourable change may take place to reduce its natural resources. Still, there are persons who, witnessing the flourishing condition of the Bengal provinces, and knowing that the rents and income of the Zemindars have, in many instances, been immo- derately encreased, seem disposed to impute to Lord Cornwallis an improvident sacrifice of the public revenue. The inference is as gratuitous, as the imputation is unjust. The prosperity of the country and the growing opulence of the ze- mindars, are the happy effects of the '' perma- nent settlement/' Those effects would probably never have been produced, if the settlement had never been made. Secure to man the produce of his industry, and he will be industrious. Provide for the security of his property, and it will be embarked in works of public utility^ advantageo.us to the individual, and beneficial to the community at larrge. But if the deadly hand of the tax-gatherer perpe- tually 104 ually hover over the land and threaten to grasp that which is not yet called into existence^ its benumbing- influence must be fatal, and the fruits of the earth will be stifled in the very germ. Lord Cornwallis was the benefactor* of British India^ and the '' permanent settlement" is^ per- hapSj '' the noblest monument of a just and '•' liberal policy, which was ever erected in a '' conquered country." But we must not look to this great measure as the sole and exclusive source of the prosperity of our Bengal provinces. Lord Cornwallis did not stop here ; he introduced sound principles, and a just system of revenue administration. 1st. He separated the revenue and judicial authorities, and thus put an end to that mono- poly of power, which not only leads to abuse, but which tends at the same time to secure to it impunity. 2dly. He established independent courts^ to whose * Lord Cornwallis did almost as much for British India as General Washington for America ; and, I fancy, strong points of resemblance between these eminent personages : they possessed alike dignity of character united with simplicity of manners and habits ; firmness of purpose; undeviating rectitude ; disinterestedness; prudence; mode- ration ; patriotism. The difference between them may be referred to the circumstances of their birth. Had those circumstances been reversed, Lord Cornwallis would probaSly have been the leader of a republican army, and General Washington the pride of the British peerage and a pillar of the throne. 105 whose jurisdiction both the government and its officers were made amenable for all official acts. 3dly. He established a code of regulations, which supplied a rule of conduct to the public offi- cers ; which assured personal freedom and protec- tion to our native subjects; which explained in every case the reason for the enactment; which softened and corrected the barbarisms* of the Ma- homedan law ; and which, however immature and imperfect, must be regarded as a great advance in the difficult science of legislation from a state approaching to anarchy, and the absence of all law. Lastly, he assigned to the officers of govern- ment * For example. The punishment of mutilation was abolished, and the heir of the slain was deprived of the right of making his election between " D^eM^'* and " Kissaa«" — (the price of blood, or retalia- tion). The government of India is often reproached for having sub- verted tbe native institutions; but those who prefer the ^charge, have seldom been at the pains to specify the institutions which have been displaced, or superseded. Lord Cornwallis, it is true, abolished the office of hereditary canoongo (an office for recording grants, titles, usages, boundary lines, revenue accounts, &c.) ; and this was, I think, a mistake. The office had become corrupt, and had fallen into disre- pute ; but it would have been more prudent if we had endeavoured to reform its abuses, instead of sweeping it away altogether. The registry, which was established as a substitute for it, was found quite inefficient ; and existed, indeed, only in the regulations. My colleague (Mr. Cox), and myself proposed the continuance of the office in the western provinces ; and, at a subsequent period, its re-establishment in Bengal, in a modified shape. It has since been revived. P lOG ment fair and liberal allowances, which placed them above temptation ; which took away every plea and excuse for peculation ; and which^ by rendering the service independent and respecta- ble, raised its character, inspired it with a higher tone of feeling, and secured our native subjects, as far as this can be done by such means, against official malversation. These are among the solid benefits conferred by Lord Cornwallis on the people of Bengal. It is not attempted to conceal that the '' perma- nent settlement " may have been open to objec- tions. To the natives of India, within whose narrow horizon every thing had hitherto an- nounced uncertainty, and an evanescent exist- ence, leases for a term of twenty or twenty-one years, or for the lives of the incumbents, would, probably, have been received with nearly the same sentiments as a perpetuity ; and such leases as preparatory to a permanent settlement would, no doubt, have furnished an opportunity for cor- recting gross inequalities in the assessment. It might also, perhaps, have been practicable to secure the proprietors of the unwieldy zemindar- ries against the consequences of that improvi- dence and dissipation, which their early educa- tion and acquired habits were likely to produce ; and if the antient families could have been pre- served 107 served in their possessions* by any safe and un- objectionable means, the credit of the British Go- vernment would certainly have been raised in the eyes of the people. But with all its imperfec- tions/ real or imputed, the '^permanent settle- ment/' as the source of genuine good, stands unrivalled among all the measures of our admi- nistration in India. By limiting the demand of the exchequer, the residuary produce of industry became a property, and the labour of the country was stimulated into active employment. A wil- derness, as if by magic, was converted into a garden ;f capital was created ; the surplus pro- duce * The zemindarry of Burdwan, paying an annual revenue to go- vernment of ^£400,000, remains entire, I believe, to the present day. The zemindarries next in extent, and equal at least in antiquity (those of Rajeshahy andNuddeah), have both, I fear, been broken down, and sold ; but certainly not as a consequence of over-assessment. Some of the estates of more moderate extent (such as that of Tikarry in Bahar), which were of little value before the assessment was fixed, yield at present princely incomes to their proprietors ; and we ought to rejoice at this, instead of regretting the supposed sacrifice of reve- nue. There is reason, perhaps, for regret, that the estates which have been sold, had not been sequestrated for a time, by which means they might have been preserved to the ancient proprietors. f The change in the state of our Bengal provinces within the last thirty years, is so much matter of notoriety, that it would be quite superfluous to adduce written evidence of the extraordinary improve- ment which has taken place. Many of us have witnessed it with our own eyes. Nor is it necessary for me to insist that the revenue is now collected with ease and with scarcely the fraction of a balance; whereas, heretofore, the collections were made with great severity, P 2 and 108 duce of the soil was preserved ; and the abun- dance of one province^ or of one season^ supplied the deficiencies of another. Famine, that scourge of a numerous population, has been averted, as far as it can be averted by human means ; and during a period of thirty-five years, in which unfavourable seasons and deficient harvests have certainly been experienced, Bengal has not only enjoyed plenty at home, but has assisted largely in supplying the wants of other countries. I now come to the consideration of a measure of a totally different complexion. While the plan of a permanent settlement was popular in Etigland^ steps had been taken to ex- tend its benefits to the territory under the govern- ment of Fort St. George, and considerable pro- gress had been made in introducing it into the districts under that Presidency ; but at a subse- quent period, an entire change of sentiment ap- pears unfortunately to have taken place, both in the Court of Directors and at the Board of Con- trol ;* and, instead of prosecuting to a conclu- sion and the balances at the end of every year were considerable. More- over, periodical settlements were the never-failing source of periodi- cal corruption and abuse. * I might also add in Parliament, if the 5th Report of a Com- mittee of the House of Commons, which was drawn up by two individuals, highly respectable and estimable, but altogether uncon- nected with that Body, can be supposed to have expressed the sense of Parliament. 109 sion the undertaking which had been commenced^ there was a disposition to trace back our steps,, to undo what had been done^ and even to purchase upon account of government, those estates in which the settlement had been actually concluded in perpetuity. I am unwilling to believe that this change had any connection with a design or wish to encrease the public revenue; and if any such expectation were cherished, it has certainly been disappointed. Novel doctrines were, in fact, brought forward, which impeached the principle of the settlement • and a system of revenue administration was recommended to a preference, on various grounds ; but chiefly on an assumption that it harmonized better with the habits and dispositions of our native subjects, and was more in accordance with the usages and institutions of the country. This plan of management, which is now fami- liarly known as the '' Rj/otwar system,'' found an able, intelligent, and zealous advocate in Sir Thomas Munro, the present governor of Fort St. George ; and in delineating its character, I pro- pose, as far as possible, to use his own words, while, in offering my own free comments upon the merits of the system, 1 hope not to deviate from the respect which is due to such high au- thority. Sir T. Munro advances the following singular pro- no proposition ; and, startling as the dictum* may appear, it was a necessary preliminary to clear the ground for the structure intended to be erected. " But nothing can be plainer than that private '' landed property has never existed in India, '' excepting on the Malabar coast ; and that, " therefore, in all other districts, the share of '' the produce which ought to constitute the rent ^' to Government, must be determined rather by '' opinion than by experience/'f Again : '' In '" the Ceded Districts and throughout the Dec- " can, the Ryot has little or no property in land ; *' he has no possessory right : he does not even '^ claim it ; he is so far from asserting either a '' proprietory or possessory right, that he is '' always ready to relinquish his land and take *' some other which he supposes is lighter as- " sessed. All land is supposed to revert to Go- '' vernment at the end of every year, to be dis- "' tributed * I find this dictum quoted, and most satisfactorily controverted by a writer for whom I have the greatest respect. See History of the South of India, by Col. M. Wilks, vol. 1, pages 105 et seq. The whole of Chapter 5, containing a dissertation on the Landed Property of India, claims particular attention. It did not occur to me to look into this valuable treatise, until I had finished these pages J but I have had the satisfaction to find my opinion, with respect to the existence of private property in land in India, com- pletely confirmed. f See " Revenue Selections," pages 95 and 102. Ill '' tributed as it may Ibink proper ; and land is '" accordingly sometimes taken from one ryot " and given to another^ who is willing to pay a '' higher rent. If this power is exercised with '' caution, it is not from the fear of violating '' any possessory rights but of losing revenue ; '' for the assessment is generally so high, that if '' the ryot is dispossessed, the same rent can '' seldom be got from a new one/'* The state of things here announced can scarcely be said to exist, even in the first stage of the human race. The savage has a notion of pro- perty, and retains possession of the hunting ground which he first occupied, defending it as his own, until he is ejected from it by a stronger arm. I will not appeal to the Altumga and other royal grants of the Mahomedan rulers, which are every where to be met with, nor to the Birmooter and other religious grants of the Hindoos, which are to be found in every part of the country ; because these, as well as the '' Enam" or free grants, may be considered as alienations of the royal domain, which do not come within the precise terms of the proposition ; but if I were called upon to point out the country where landed property is most highly appreciated and cherished, where landed * See " Revenue Selections." Pages 95 and 102. 112 landed possessions are most tenaciously retained, and where the land makes up the sum and essence of all which the individual can properly call his own, I should point to India. 1 do not mean to aver that the people enjoy English freeholds^ protected by courts of justice of a structure highly artificial, and fenced round by laws and elaborate forms which almost preclude the conveyance of a title; but I do contend that land was held as private property in India ; and that it was respected as such, although often the object of extortion and violence, by the ruling power.* When a proposition is enunciated, apparently at variance with all our experience and with the ordinary course of human affairs, we may fairly require * It is impossible to read the description of " Meerds" and " Wut- tmi'^ in the correspondence of the public officers at Madras, and in Mr. Elphinstone's report on the Marhatta territories, without being satisfied that these tenures constituted complete hereditary property. The sovereign himself was compelled sometimes to purchase land held under these tenures, at very high prices ; and what has effaced in some places every trace of private property in land ? Nothing but over-assessmenty which has compelled the people to abandon their possessions. Some of the collectors observe, that " light assessment creates private property in land.*^ True : just as heavy assessment destroys it. " Meerds** is an Arabic word, signifying inheritance, which must have been introduced by the Mahomedans ; so that we see these despotic conquerors acknowledging a right, which an en- lightened British government seems disposed now to question. Nume- rous decisions might be cited, recognizing a right of property in the land to vest in the Meerassydars of the Carnatic. 113 require that it be established by precise and sa- tisfactory evidence ; but in this instance we have to deal with a negative proposition^ which can be met and refuted only by establishing the affirma- tive: still the party denying generally, has no right to shelter himself in a defensive position, if a single instance can be cited which contra- dicts the negative averment. It might safely have been affirmed a century ago, that the elec- tric fluid could not be brought down from the clouds by means of a string, or that flame could not be made to issue out of water ; but after the exhibition of a single experiment in proof of these facts, we should not be entitled to insist further in denying them.* I shall content myself, therefore, with adducing a single instance, for the purpose of shewing that the people of Bengal, at least, not only possessed land, but manfully resisted any attempt to usurp or alienate it on the part of the sovereign. The documentf which is given in a note below, con- tains * Sir T. Munro admits an exception from his proposition on the coast of Malabar ; but if the sphere of his observation had been extended, the exception would, I think, have been found to be the rule. Sir T. M. had the merit of giving to landed property in Canara, a real value, by lowering the oppressive rates of assessment established by Hyder Ali and Tippoo Sultan in that province, and Malabar. f Inscription on a rock at Tarachandi, near Sahasram, in South Bahar, from a fac simile, taken by the learned Dr. Buchanan Hamil- Q tOM, 114 tains the protest of a Hindoo landholder against grant made by the rajah^ or sovereign of Canouge^ in favour of certain priests,, to the pre- judice of the rights of the party : it is dated in 1229 Sanvat, or 1173 of the Christian aera ; and it is curious to observe a Hindoo boklly remon- strating against the act of his liege lord^ at a time when our Saxon ancestors were sufFerinof o grievous oppressions from their Norman con- querors^ without daring to resist their violence and usurpations. The ton, and translated by the distinguished Oriental scholar, Mr. H. Cole- brooke. " Prdtdpa dhavala, wholly divine (deva), possessor of hap- " pily-risen and celebrated glory, addresses his own race. In these " villages contiguous to Callahaudi, that contemptible ill-copper " (grant) which has been obtained by fraud and bribery from the " slaves of the Sovereign of Godhinagara, by priests sprung from " Sa-valuhala ; there is no ground of faith to be put therein by the " people around. Not a bit of land, so much as a needle's point " might pierce, is theirs.'* « Sanvat 1229 (A. D. 1173) lyeshta vadi 3d Wednesday. The " feet of the sovereign of Japela^ the great chieftain, the fortunate " Prdtdpa Dhavala deva, declares the truth to his sons, grandsons, " and other descendants sprung of his race. This ill-copper (grant) " of the villages of Callahaudi and Bidai/pifa, obtained by fraud and " bribery from the slaves of the fortunate Vijaya Chandra, the king " sovereign of Canyacahja, by plundering folks : no faith is to be " placed therein. Those priests are every way libertines. Not so " much land as might be pierced by a needle's point, is theirs. Know- " ing this, you will take the share of produce and other dues ; or " " Signature of the great Rajaputra (king's son), the fortunate " Satrughira." 115 The protest shews in a very striking manner the strong' feeling which existed at a remote period with regard to landed property^ and the jealousy with which any encroachment was viewed by the landholder. In the present case, the right of the prince to make grants for religious purposes,, does not seem to be denied ; but it is practically resisted on the ground that the grant was fraudu- lently obtained, or was an imposition ; and the protest, by recording the transaction, appears to have been intended to keep the alienation in view, that the heirs and descendants of the landholder might reassert and resume their rights^ whenever a favourable opportunity should occur. It may be urged, that this sturdy rajepoot was some powerful feudatory, who was in a condition to defy his liege lord ; some duke of Burgundy resisting a king of Prance; but the pompous titles which he assumes are not sufficient to war- rant such a conclusion. The mountain of " Rotas/' situated at no great distance from Sahasram (Sasseram)^ is certainly a strong* natural fortification, where a refractory chief might, no doubt, have bade defiance to his sovereign ; but Sahasram is itself situated in an open country ; and the proud rajepoot who was strong enough to dispute the encroachments of his liege, would have been much more likely d 2 to llf) to make his appeal to the sword than to the pen. This single instance must be admitted as evi- dence of the understanding of the people upon the question of property inland; but let us ascend to the source^ in order to determine whether the popular feeling is in unison with the law. I own myself incompetent to the task of disen- tangling a text of Hindoo law* from the subtilties of commentators^ so as to reduce it to a simple elementary proposition ; but on this occasion I have fortunately the authority and assistance of the eminent orientalist, to whom we are indebted for the translation of the digest of that law. The Mimansa, which is the subject of a disser- tation by Mr. Colebrooke, is a work of great authority among the Hindoos, professedly treating upon the rules of interpretation, and principles of construction, applicable to the precepts of the Veda, and maxims of law, religious and civil. The question concerning property in the soil in India, is discussed in the sixth lecture of that work, and the following quotation is calculated to shew the view * See " Digest of Hindoo Law," vol. ii, pages 74 and 75, in which the distinction between the property of the subject and the rights of the sovereign, is drawn ; but all which can be safely affirmed is, that property, or ownership, vests in the occupant of the soil, " founded on the reason of the law and on settled usage ;" but that it is subject to qualifications and restrictions in favour of the sovereign rights. 117 view taken of this important question by the author. '' At certain sacrifices;, such as that which is '' called Visivajit, the votary for whose benefit the '' rehgious ceremony is performed^ is enjoined to '' bestow all his property on the officiating priests. '' It is asked whether a paramount sovereign '' shall give all the land, including pasture '' ground^ highways^ and the site of lakes and '' ponds ? — an universal monarch the whole " earth ? — and a subordinate prince the entire " province over which he rules? To that ques- *' tion the answer is, the monarch has not pro- '' perty in the earth, nor the subordinate sovereign " in the land. By conquest the kingly power is '' obtained, and property in the house and field '' that belonged to the enemy. The maxim of '* the law, that the king is the lord of all, sacer- " dotal wealth excepted, concerns his authority " for correction of the wicked, and protection of '' the good ; his kingly power is for the protec- '' tion of the realm, and extirpation of wrong, " and for that cause he receives taxes (cara) from ^' husbandmen, and levies fines from ofienders, '' But a right of property is not thereby vested in '' him; else he would have property in house " and land appertaining to the subjects abiding " in his dominions. ' It belongs,' says Jaimini, '' * to all alike.' Therefore, although a gift of a '' piece 118 '' piece of ground^ an individual's property, does '' take place, the whole land cannot be given by '' a monarch, nor a province by a subordinate '' prince ; but house and field, acquired by pur- '' chase, and similar means, are liable to gift." It is not necessary for me to cite the various authorities which are referred to, in support of the text ; nor shall I look further for the proof of that which is found to exist, in a degree more or less perfect, under the most despotic and barbarous governments.* The Hindoos are a people whose law * In addition to other authorities, I have in my possession copy of a report by Major James Tod, on the state of landed property in Meywar, a pure Hindoo district, little affected in its internal arrangements by Mahomedan intrusion. Major Tod has not only had the benefit of much practical experience, but he has made Hin- doo literature and history the particular object of his study ; and his opinion is decidedly in favour of the existence of private pro- perty in land in India. The historian of British India considers the right of property to vest in the sovereign. See vol 1, pages 179, et seq, : but Mr. Mill makes, at the same time, certain admissions in favour of the ryot. " By practice the possession of the ryot be- " came, in this manner, a permanent possession ; a possession from " which he was not removed except when he failed to pay his " assessment, or rent ; a possession which he could sell during his " life, or leave by inheritance, when he died. As far as rights can " be established by prescription, these rights came undoubtedly to be " established in the case of the ryots in India. And to take them " away is one of the most flagrant violations of property which it is " possible to commit," If the rights of occupancy — of sale — and of bequest (to which we may add that of mortgage) be admitted, we go far to establish ownership^ and the only further question in this case would be, whether the object of this ownership be a thing of any value. ] 1 J law inculcates submission to their princes and their priests ; but they are a civilized people^ and it is difficult to believe that they can^ at any period value. Despotic power may render the property in land of no value —it may efface all rights — and it may set up pretensions of its own in the place of those which it has obliterated; but this is plain usur- pation. To say that the sovereign is universal owner of the soil, is to say neither more nor less than that power may, or can, destroy all rights. Of the right, however, (under sufferance of the sovereign, if it must be so) to occupy — to sell — to mortgage — and to bequeathe land, we have incontestible evidence in numberless authentic deeds, which have been produced by parties, who are not merely ryotz. The just observations of Mr. Milt, applied to the ryot, may, there- fore, with equal justice be applied to these parties ; but without un- dertaking to advocate the claims of any particular class of land- holders, I contend that the pretensions of the sovereign to universal ownership, can be admitted only upon the assumption of an unmiti- gated despotism, which recognizes no rights in opposition to its un- controlled will. I am aware that the Hindoo law seems to require the sanction of the sovereign to all transfers of landed property; but this may be explained in two ways. 1st. The sovereign having an interest in the land from which he draws revenue^ would naturally require all deeds of sale or mortgage to be formally registered, in order to preserve regularity, and in order, perhaps, to give security to the title of the purchaser. This is done in Scotland universally, at the present day, and for the reason suggested. 2dly. The sovereign, on failure of natural heirs, being the universal heir of his subjects, had a reversionary interest in the land ; and his concurrence was required as an heir of entail, just as the concurrence of the co-sharers, sons, and others, holding an immediate or reversionary interest in the estate, appears to have been required by the Hindoo law. Both Hindoos and Mahomedans rigidly insisted upon the registry of all transfers of land ; and a fee of two per cent, (sud-doee) was, I be- lieve, levied by the Canoongos of Bengal, on the transfer even of Lakheraje land, or land held exempt from taxation. 120 period of their history, have renounced^ in favour of kingly power, the idea of private property, and those feelings which are common to the whole human race. I am far from undertaking to decide between the claims of different descriptions of landholders in India; and it would be unsafe to attach any particular weight to the designations which they respectively bear. The meaning of the term '' zemindar " is, no doubt, landholder ; that of '' rnalick," proprietor ; that of '' meerass7/dar,'* heritor. But the application of these and other designations, is different in different places — for example : in Bengal Proper, the zemindar is the principal landholder, and the talookdar the depen- dent, or tenant ; whereas, in our western pro- vinces, the case is reversed, and the talookdar is the principal, and the village zemindar the infe- rior landholder, or yeoman. Sir T. Munro having assumed that the govern- ment was lord paramount of the soil, and as such free to make those arrangements which might be most conducive to the public interests, proceeded, with the sanction of the Madras Government, to form the settlement of the country entrusted to his charge, upon the following plan and principles. " 1st. The settlement shall be ryotwarry." '' 2d. The amount of the settlement shall '' encrease 121 '' encrease and decrease annually, according to '^ the extent of the land in cultivation." '' 3d. A reduction of twenty-five per cent, on ^' all land shall be made in the survey rate of '' assessment.*' '' 4th. An additional reduction in the assess- ^'' ment of eight per cent., or thirty-three per cent. '' in all, shall be allowed on all lands watered by ^' wells, or by water raised by machinery from '^ rivers and nullahs, provided the cultivators keep " the wells or embankments (dirroas) in repair ^' at their own expense. A similar reduction ^' shall be allowed on the lands watered by small ^' tanks, whenever the cultivators agree to bear ^' the expense of repairs.'' '' 5th. Every ryot shall be at liberty, at the end " of every year, either to throw up a part of his " land, or to occupy more, according to his cir- '' cumstances ; but whether he throw up or oc- '*' cupy, shall not be permitted to select; but '' shall take or reject proportional shares of the '' good and bad together." '" 6th. Every ryot, as long as he pays the rent '' of his land, shall be considered as the complete ^' owner of the soil, and shall be at liberty to let ^' it to a tenant without any hesitation as to rent, '' and to sell it as he pleases." '' 7th. No remission shall be made on ordinary *' occasions for bad crops or other accidents. R '' Should I '22 '' Should failures occur, which cannot be made " good from the property or land of the defaul- '' ters, the village in which they happen shall be '' liable for them, to the extent often per cent, addi- '' tional on the rent of the remaining ryots ; but no '' farther." '' 8th. All unoccupied land shall remain in the *' hands of Government, and the rent of whatever '' part of it may be hereafter cultivated, shall be " added to the public revenue." '' 9th. All taxes on houses, shops, and profes- ^' sions ; all duties, licences, &c. — shall belong; '' exclusively to Govenmient. The ryot on whose '' lands houses or shops may be built, sliall not '' be entitled to receive a higher rent from them '' than the equivalent of the survey rent of the ^' ground which they occupy/' '' 10th. The repairs of all tanks, which are not '' rendered private property by an extra remis- '' sion, or duswundum-enam, shall be made at the *' expense of Government." '' 11th. Tuckavy (/. e. advances to the culti- '' vators) shall be gradually discontinued." '' 12th. Potails, curnums^ and all other vil- '' lage servants, shall remain^ as hertofore, under '' the collector." '' 13th. Private creditors who may distrain the " property of ryots, shall discharge the rent ^' which may be due from such ryots to Govern- '' ment ; 123 " ment ; and shall give security for it before they *' begin to distrain."* It would not be difficult to predicate what a philosopher in his closet would think of a system^ which levels every thing in a country between the sovereign and the labouring peasant ; but when plans come recommended from high authority^ on the ground of experience, we are bound to pause ere we admit the deductions of theory. Still, we must not so far defer to authority as to receive, without examination, propositions which seem to run counter to our reason ; and 1 propose, there- fore, to canvas those parts of the plan, which a person of common understanding maybe supposed capable of appreciating. The basis of Sir T. Munro's settlement is an actual survet/ of the land. Native officers, deno- minated '*^ gomashtahs," were deputed into the country '' in parties of six, but afterwards of ten^*' for the purpose of measuring every field. f '' Head surveyors, or inspectors," were afterwards em- ployed, to examine the measurement of the sur- veyors, or gomashtahs. ^' The surveyors were '' followed by assessors, two of whom were " allotted * See Report of Sir T. Munro in " Revenue Selections," pages 98 and 99. f See Sir T. Munro*s detailed instructions to the surveyors and assessors, pages 121 to 131, " Revenue Selections." 11 2 124 " allotted for the assessment of the land rnea- " sured by each party of ten surveyors. The '' assessor, on arriving in a village, went over the " land with the potail, curnum, and ryots, and *' arranged it in different classes according to its '' quality. In all villages, the land, both wet " and dry, had, from ancient custom, been divi- *' ded into first, second, and third sorts, agreeably " to their supposed respective produce; but these '' divisions not being sufficiently minute for a " permanent settlement, the classes of wet land in '' a village were often encreased to five or six, and '' those of dry to eight or ten."* But as these assessors could not be entirely de- pended upon, it was thought advisable, for the purpose of preserving uniformity and of checking abuses, to appoint five '' head assessors," selected from the most intelHgent of the ordinary assessors. Each head assessor had four ordinary ones under him ; his business was to review their classifica- tion and assessment, and to correct them when wrong. After this preparatory process, the settlement is * See Sir T. Munro's Letter of the 26th July 1807—" Revenue Selections," pages 116^^ seq. These surveys were attended with an enormous expense. That of the " Ceded Districts" cost 83,000 pagodas (or above £33,000) ; and, as the revenue of those districts was only 16,00,000 pagodas, the charge exceeded five per cent. See page 121. 125 is concluded with the ryots, sometimes by the European collector, but more generally by his native officers ; for Sir T. Munro observes,* *' The most experienced collector could hardly " make the settlement of ten villages in a whole '- year, and after all it would most likely be '' done very indifferently. "f And, that expe- rienced officer remarks in another place, " Even "' where the ryots neglect to bring the grievance *' forward * See Sir T. Munro's Letter of the 30th November 1806—" Reve- nue Selections," page 94. f If this be the utmost which an experienced collector can accom- plish, what is to be expected from an inexperienced collector, as described by Mr. Thackery, one of the advocates of the " Ryotwar System ?" He observes, " Over- zealous, but honourable young men, " might plunder the country more completely, perhaps, than a Mar- ** hatta array could have done." Now, this system, embracing as it does multitudinous details, requires a greater number of collectors than any other ; or (what is worse) a greater number of native officers. — See, also, Mr. Thackery*s opinion of Surveys — " Revenue Selec- tions," page 859. " If, indeed, tlie survey had been equal at first, " and could continue so, no loss would result from this freedom {i. e. " liberty to throw up over-assessed lands), because the rent being " every where exactly proportioned to the value of the land, the " ryot, wherever he went, and whatever extent of land he occupied, " would have to pay the proportionate rent. But, no survey rate " can be so nicely adjusted at first ; and, if it could, would soon " change. The value and rent of land fluctuates like the value of " any thing else. But, even at first, we cannot so nicely appraise " earth ; and, if we could, ten thousand mistakes must find their way " into a survey. Frauds cannot be prevented, and erroneous principles " are frequently adopted." And yet this is to be the foundation of the Ryotwar Settlement ! 126 ^' forward i in media lei}' ^ they hardly ever omit to '' state it when assembled for the settlement of ^' the ensuing' year ; and the tehsildar, knowing " that gross negligence or partiality will be at- *' tended with the loss of his place, seldom ven- '' tures to make an unfair settlement. There '' are, however, cases in which he does so, either '* from ignorance or corrupt motives ; but where *' the collector is vigilant, they are not frequent. '' There is, indeed, no possibility of preventing '' them altogether ; for the collector, when he "' makes the settlement in person, may be de- " ceived occasionally by the servants of his own '' cutcherry, who may be dishonest as well as the '' tehsildar. The business of a collector is not '' properly so much to labour through all the '^ details of the settlement, as to make those do " it who can do it best. The potails and cur- '' nums of villages, are the persons most capable '' of making the settlements correctly ; but they *' cannot be trusted, because they are cultivators '' themselves, and have always friends and ene- " mies among the ryots. It, therefore, becomes '' necessary to employ a tehsildar,* who, not '' being * See SirT. Munro's Letter of the 30th November 1806—" Reve- nue Collections," page 93. Then read Mr. Ravenshaw's character of a Tehsildar—" Revenue Selections,'* page 113, para. 12. " Hence arises that want of energy, " that deplorable negligence, shameful ignorance, and, in some cases, corruption ; 127 '' being a native of the district, is not so liable to '' be influenced by partialities." The settlement appears to be made by assem- bling the ryots, or cultivators, early in the year ; and " when a country/ has been surveyed,^ the '' indi- " corruption; for which the generality of the tehsildars and other " native servants are so remarkable in this soubah (Arcot). I have " met with very few who know any other village than .their cusba, " who know any thing of the resources of their districts, or who can " give a satisfactory answer to any question relative thereto." ( Para. 16, " Such is the present indolence as well as ignorance " of the generality of tehsildars, that I have little hope of their exe- " cuting the orders sent them with any degree of vigour, unless they " are stimulated thereto by your presence in the talooks." Next, read Sir T. Munro*s own description of his Revenue Ser- vants, in vol. ii. of Judicial Selections, page 231, Report 10th April 1806, para. 56. " As there is a general combination down to the " lowest village servant against the collectors, it is not easy for him " to learn what is going on ; and when he has made the discovery, he " perhaps only removes one set of servants, to make way for another " equally corrupt : and hence, in order to prevent their falling " into sunilar practices, he is forced to act rather as a spy, than in the " superintendance of the province committed to his charge. Of " about a hundred principal division and district servants who have " acted under me during the last seven years, there have not been " more than five or six against whom peculation to a greater or " smaller extent has not been proved." * The following is the opinion of the Supreme Government with respect to surveys: — See Letter of the 14th December 1811 — " Revenue Selections," pages 17-4 and 175. " In treating of the •* advantages which may be derived from actual surveys, your Honour- " able Court observe, that * in the management of the Conquered " and Ceded Territories which have been annexed to the two subor- " dinate Presidencies, this course has been successfully pursued,' " &c. 128 " individual supersedes both the village and dis- " trict settlennent, because it is then no longer '' necessary to waste time in endeavouring to " persuade the cultivators to accede to the as- '' sessment. The rent of every field being fixed, " each cultivator takes, or rejects, what he '' pleases, and the rents of all the fields occupied '' in the course of the year in any one village, " form what is called the settlement of that vil- " lage/'* But where the lands have not been sur- " &c. Possessing only general knowledge of the measures adopted " with a view to the adjustment of the assessment in the territories " dependent on the Presidencies of Fort St. George and Bombay, " and of the effect of those measures, we are necessarily precluded " from offering any opinion upon the expediency of the surveys made " in those parts of the British dominions ; but the experience ob- " tained on the subject in Bengal, would by no means warrant us in " recommending that a similar course should be observed in the terri- " tories dependent on this Presidency. In former times, recourse " was not unfrequently had to this expedient ; but the chicanery and " corruption practised by the large body of native officers necessarily " employed in the performance of that duty, the exactions and injus- " tice to which the zemindars were consequently exposed, and the " heavy expense with which all such surveys were attended, gradually " induced succeeding governments to abandon the plan of fixing the " public assessment by an actual measurement and computation of " the produce of the land of each individual. The practice has " long been entirely discontinued, and we are satisfied that the most " experienced and capable of the revenue officers would deem the " revival of it an evil ; burthensome, and oppressive to the people, " and unproductive of any substantial benefit to the pecuniary inte- " rests of the state." , * See Sir T. Munro's Letter, " Revenue Selections," p. 89 and 91. 129 surveyed, tlie process would seem to be much more elaborate and difficult ; and, as '' the cur* num's accounts are always false/' it is found necessary to have recourse to various indirect modes of proceeding for the purpose of acqui- ring the necessary information with respect to the land, and tlie situation and circumstances of the cultivators. '' *The chief obstacles in the way of it, (a set- ' tlement with the individual cultivators,) arise ' from false accounts, from doubts concerning ' the rate of assessment, and from the difficulty ' of ascertaining the condition of the poorer ' ryots. There is, perhaps, no curnum who in any ' one year ever gives a perfectly true statement ' of the cultivation of his village; and it is only ' the fear of removal or suspension that can make ' him give such accounts as are tolerably accu- ' rate. The proper rate of assessment is found ' either by reference to the accounts of former ' years, or by comparison with the rent of lands ' of the same quality, which have long been ' nearly stationary ; and the condition of the ' poorer ryots is learned from the concurring tes- ' timony of their neighbours, who, at the same ' time, will not exaggerate their poverty, lest the '' re- * See Sir T Munro's Letter, " Revenue Selections," pages 89 and 91. " remissions which may in consequence be grant- '* ed, should fall upon themselves. A short ex- " planation of what takes place in the Kulwar '^ settlement of a single district or tehsildarry^ " will equally apply to the whole number of dis- '* tricts forming a collectorate. I shall here speak '' of a district in its ordinary/ state of prosperitt/ ; " not of one that has been reduced below it, by " war or any other calamity." " A district paying a revenue of fifty thousand '' pagodas, usually contains about a hundred " villages, differing greatly in extent and pro- '* duce ; some of them not paying more than a " hundred pagodas, and others as much as five '" thousand, annual rent. Every village has '' within itself a complete establishment of here- " ditary revenue servants : a potail to direct the " cultivation, realise the rent, and manage its '' affairs in general ; a curnum to keep the ac- " counts ; and a certain number of peons to act " under the potail, in collecting the kists from '' the ryots. When the ploughing season begins, *' the potail ascertains what land each ryot can " cultivate ; he permits those who may have met " with losses, to relinquish a part of their land, "^ which he distributes to others who may be wil- *"^^ ling to take it ; and to such as require none ''^ he continues their former land. He does not '' fix their rents/ because this is done by the co^ '' lector. 131 " lector^ when the season is so far advanced that "^^ a judgment can be formed of the crop ; but he *' assures them that their respective rents will " continue the same as last year^ only making' "^ allowance for such alterations as may become " unavoidable^ from the total revenue of the " village being somewhat raised or lowered by 'r the collector : they are satisfied with this pro- " mise^ receive betel from him as a confirmation " of it, and yoke their ploughs. Specific written " engagements cannot be made with them at this " early period of the year, because, as in annual '' settlements, where the failure of the crop is " great, remissions must be allowed, so where " the produce is uncommonly abundant, increase *' must be taken to balance such failures, because *' the potail having relations and friends in the '' village to whom he would be partial, could not '!; be safely entrusted with the power of fixing *' .rents ; and because the ryots themselves will •' not in this year agree to pay the same rent in ^' the ensuing one, lest they should meet with " losses, which would be aggravated by a rent fr, which they might then be unable to bear. '' The tehsildar goes round his district in the *' early part of the season ; his business is chiefly " to regulate cultivation in those villages where '' it is mismanaged from the incapacity of the '* potail, or impeded by disputes among the prin- s 2 '' cipal f« 132 cipal ryots, and to make advances to the poorer sort for the purchase of seed, ploughs, or cattle. He also ascertains what land each ryot has already cultivated, or engaged to cultivate, du- ring the year, which he does by assembling* the ryots in their respective villages, and examining them in the presence of the potails and cur- nums ; and accounts of the lands occupied and unoccupied, are taken by his cutcherry, which accompanies him. He goes round again when the crops are ripening, to see their condition, and to ascertain whether the quantity of land actually cultivated is more or less than that which the ryots had engaged to take." '" The collector sets out on his circuit in Sep- tember or October, when the early crops begin to be reaped, and the late ones to be sown. On arriving in a district, he assembles all the ryots of the four or five nearest villages. The first business is to learn how far the cultivation of the present year is more or less than that of the last; this is soon done by the help of the tehsildar's and curnum's accounts, compared with the reports of the potails and ryots. Where there is a decrease, it is commonly owing to deaths, emigration, or loss of cattle ; where there is an increase, it is usually derived from new settlers, or additional lands being occu- pied by the old ones. In the case of decrease, '' the \33 '' the rent of the lands thrown up is deducled "" from the settlement of last year ; in that of '' increase^ the rent of the land newly occupied is '' added ; and in both cases, the rent of the re- *' mainin^ lands remains the same as before. The "' rent of the land newly occupied is determined '" by the accounts of what it was in former times ; '" or, if such accounts cannot be procured^ by the '' opinions of the most intelligent ryots; but the "" full rent of waste land is not exacted, until it '' has been in cultivation from two to seven years. " The number of years, and the gradational rise " in each year, depend upon the nature of the '' land, and the custom of the village. They '' are known to all parties ; and all doubts are '' removed by their being detailed in a proclama- '' tion, or cowle-namah, under the collector's '" seal, circulated to every village. ''If the cultivation is the same as last year's, '' and no failures occur among the ryots, the rents " remain unaltered ; if the crops are bad, and it '' appears that some of the poor ryots must have '' a remission, the loss, or part of it, is assessed '' upon the lands of the rest, where it can be done '' without causing any material inconvenience. ''^ This assessment never exceeds ten or twelve '' per cent., and is much oftener relinquished " than carried into effect. Jn cases where it can "" be easily borne, it is frequently agreed to with- " out 134 ' out dilficuUy ; and if opposition is made, it is '' generally soon got over by the mediation of the ' ryots of the neighbouring villages present. ' These discuss the point in question with the ' ryots of the objecting village ; tell them that '' it is the custom of the country ; use such other '' arguments as may be applicable to the subject ; '' and never fail in persuading them to accede to " the demand, mdess it is really too high, iu '' which event it is lowered. Whenever indivi- '' duals, or villages, object to their rent, it is *' always the most expeditious and satisfactory '' way of settling the dispute, to refer it to the '' ryots of other villages, who do more on such '' occasions in half an hour, than a collector and '' his cutcherry in a whole year." My wish is not to exaggerate ; but when ^X find a system requiring a multiplicity of instru- ments, surveyors, and inspectors ; assessors, ordi- nary and extraordinary ; potails, curnums, teh- sildars, and cutcherry servants ; and when 1 read the description given of these officers by the most zealous advocates of the system, their periodical visitations are pictured in my imagination as the passage of a flight of locusts, devouring in their course the fruits of the earth. For such compli- cated details, the most select agency would be required ; whereas the agency which we can com- mand, is represented to be of the most question- able 135 able character. We do not merely require expe- rience and honesty to execute one great under- taking ; the work is ever beginning and never endings and calls for a perennial stream of intel- ligence and integritj/. And can it be doubted, that the people are oppressed and plundered by these multiform agents ? The principle of the settlement is to take one-third of the gross pro- duce on account of Government ; and, in order to render the assessment moderate. Sir T. Munro proposed to grant a considerable deduction from the rates deducible from the survey reports. But if it be moderate, how does it happen, that the people continue in the same uniform condition of labouring peasants ? Why do not the same changes take place here as in other communities ? One man is industrious, economical, prudent, or fortunate ; another is idle, wasteful, improvident, or unlucky. In the ordinary course of things, one should rise and the other fall : the former should, by degrees, absorb the possessions of the latter ; should become rich, while his neighbour remained poor ; gradations in society should take place ; and, in the course of time, we might naturally expect to see the landlord, the yeoman, and the labourer. And what prevents this natural pro- gression ? I should answer, the officers of govern- ment. The fruits of industry are nipt in the bud. If one man produce more than his fellows, there i$ is a public servant at liaiid^ always ready to snatch the superfluity. And^ wherefore, then, should the husbandman toil that a stranger may reap the produce ? There are two other circumstances which tend to perpetuate this uniform condition. The ryots have no fixed possession ; they are liable to be moved from field to field : this they sometimes do of their own accord, for the purpose of obtain- ing land, supposed to be more lightly assessed ; at other times, the land is assigned by lot, with a view to a more equal and impartial distribution of the good and the bad, among the different cul- tivators. But these evolutions tend to destroy all local attachments, and are evidently calculated to take away one great incentive to exertion. The other levelling principle is to be found in the rule, which requires that the ryot shall make good the deficiencies of his neighbour to the ex- tent of ten per cent. ; that is, to the extent, pro- bably, of his whole surplus earnings. Of what avail is it that the husbandman be diligent, skil- ful, and successful, if he is to be mulcted for his neighbour's negligence, or misfortune? A must pay the debt of B. If a village be pros- perous, it matters little, for the next village may have been exposed to some calamity ; and, from the abundance of the one, we exact wherewithal to 137 to supply the deficiency of the other.* Is it possible to fancy a system better calculated to baffle the efforts of the individual, to repress in- dustry, to extinguish hope, and to reduce all to one common state of universal pauperism ? It may be asked, is there not a poor and la- bouring^ peasantry to be seen under the zemin- darry system ? Most assuredly there is. In every country a large part of the population must be in the condition of labourers ; but the zemindar has an interest in protecting and conciliating his ryot, or he will migrate to another estate. Jf a scarcity unhappily occur, he has an interest in assisting to preserve the existence of the peasant, and in replacing the seed which his necessities may have compelled him to consume, in order that the deficiency of one season may not be aggravated in the next ; and he probably will have the means of furnishing such assistance, for he will, in general, be in possession of a stock of grain, the superfluity of preceding harvests. What store ♦ It may be said, that if one tax fail, it is usual for Governments (and our own among the rest) to substitute another; but there is no analogy between this case and that where an individual is compelled to pay the debt of his neighbour. It is but justice to the Court of Directors to mention, that their minds seem to have revolted at the proposition; and the Board of Revenue at Madras proposed to dispense with the rule ; but Sir T. Munro re- mained firm in the opinion that it was necessary. What must that system be which requires such a rule ! T 138 store can the labour! iii^ peasaiit be expected to hoard up? Is he not likely to be relieved of his surplus produce by the officers of Government^ either on the plea of making good the failure of his neighbours, or to administer to their own avarice ? What capital can he accumulate ? The larger proprietors may accumulate ; and they have the means of bestowing, and a motive for bestowing, a pittance upon their poorer depen- dents. The stipendiary servants of the Govern- ment have no such motive. They are liable to be removed from their situations from day to day ; they have no permanent interest in the prosperity of the district in which they happen to be em- ployed : their object is, generally, to make the most of their situations during the term of their precarious tenure. 1 shall only notice one other peculiarity of the " Rj/otwar'* System; unfler it, say the Board of Revenue, ^' the ryot was not allowed, on pay- '' ment even of the high survey assessment fixed '' on each field, to cultivate only those fields to '' which he gave the preference ; his task was " assigned to him ; he was constrained to occupy '' all such fields as were allotted to him by the '' revenue officers ; and, whether he cultivated " them or not, he was, as Mr. Thackeray empha- '* tically terms it, saddled with the rent of each. " To use the words of Mr. Chaplin, the collector of 139 " of Bellary, one of the most able of Colonel '' Munro's former assistants, and still one of the " most strenuous advocates for the ' Ryotwar ' *' system^ it was the custom under it to exert^ in " a great degree, the authority which is incom- " patible with the existing regulations, of com- '' pelting the inhabitants to cultivate a quantity " of ground proportionate to their circumstances. " This he explains to have been done by ' the '' poiver to confine and punish' them, exercised by ^' the collector and his native revenue servants : " and he expressly adds, that, if the ryot was " driven by these oppressions from the fields *' which he tilled, it was the established practice '^ to follow the fugitive wherever he went, and, " by assessing him at discretion, to deprive him '^ of all advantage that he might expect to derive '' from a change of residence."* If forced residence and compulsory service be essential to the success of the '' Ryotwar/' or any other system of revenue administration, this single fact ought to call for its unqualified con- demnation. In vain shall we profess moderation, justice, and humanity, or pretend to be actuated by an enlightened policy, if a practice be tole- rated which places our agricultural population in the condition of Russian or Polish serfs in the most * See " Revenue Selections," p. 942. T 2 140 most barbarous age. I feel interested in uphold- ing' the credit of our Indian administration ; but no plea of necessity can justify, no pretence of expediency can excuse, a species of coer- cion, alike revolting to all good feeling, sub- versive of personal freedom, and at variance with all sound principle. Is this a '' native usage/' which we are so vehemently called upon to re- establish ? Is this a practice so congenial with the feelings and the habits of the people, that it cannot safely be dispensed with ? And is this a part of the consecrated machinery which Lord Cornwallis is reproached for having broken to pieces ? This system is not only to be continued where it already exists ; but it is understood that the public authorities in this country contemplate its extension to our western provinces under the government of Bengal, where it will be an inno^ vation, and where it must encounter the oppo- sition of an irritated and warlike people.* The * It may be imagined that the peasantry will be well pleased to hold the lands which they cultivate direct from the Government ; but the alternative presented to their minds will be this : " shall we conti- nue under our native chiefs, to whom we are attached, and who protect us— or shall we place ourselves under revenue officers, whom we detest, and who will oppress us ?" What would have been the election of a Scotch Highlander a century ago, if this alternative had been presented to him? In fact, the " ryotwar^* question re- solves itself into this — whether a stipendiary agency (probably cor- rupt) shall be employed between the Government and the peasantry — £>r whether we shall interpose a proprietary between Government and the 141 The Board of Revenue at Fort St. George sum up the character of the " E^otwar" system in the following very forcible language :— "' Ignorant of the true resources of the newly- " acquired countries, as of the precise nature of " their landed tenures, we find a small band of '^ foreign conquerors no sooner obtaining pos- '' session of a vast extent of territory, peopled "' by various nations, differing from each other in '^ language, customs and habits, than they at- " tempt what would be deemed a Herculean task, '" or rather a visionary project, even in the most '' civilized countries of Europe, of which every " statistical information is possessed, and of " which the government are one with the people, '' viz., to fix a land-rent, not on each province, " district, or country ; not on each estate or farm ; " but on everj/ separate field in their dominions. *' In pursuit of this supposed improvement, we " find them unintentionally dissolving the ancient " ties, the ' ancient usages,' which united the " republic of each Hindoo village, and by a kind '' of Agrarian law, newly assessing and parcel- '* ling out the lands which, from time imme- "' morial, had belonged to the village commu- '' munity collectively ; not only among the indi- '' vidual the cultivator of the soil. In Bengal, such a proprietary is found to exist, and one chief object of the present publication is to call the attention of the public authorities to the injustice ^ the impolicy y and the danger of displacing it in our " Ceded and Conquered provinces." H2 ^ vidual members of the privileged order (the ' Meerassidars and Cadeems), but even among ' the inferior tenantry (the Pyacarries) : we ob- ' serve them ignorantly denying, and by their ' denial, abolishing, private property in the land ; ' resuming what belonged to a public body (the ' grama manium), and conferring, in lieu of it, ' a stipend in money on one individual ; profes- ' sing to limit their demand on each field, and, in ' fact, by establishing for such limit an unat- ' tainable maximum, assessing the ryot at dis- ' cretion ; and, like the Mussulman government ' which preceded them, binding the ryot by force ' to the plough, compelling him to till land ac- ' knowledged to be over-assessed, dragging him ' back to it if he absconded, deferring their de- ' mand upon him until his crop came to matu- ' rity^ then taking from him all that could be ' obtained, and leaving to him nothing but his ' bullocks and his seed-grain ; nay, perhaps, ' obliged to supply him even with these, in order ' to renew his melancholy task of cultivating, ' not for himself, but for them/'* To this picture I must add the delineation given of the same original by Mr. R, Fuller ton, who witnessed and condemned the system, and with his colleague, Mr. Hodgson, inanfully but unsuccess- fully opposed its introduction at Fort St. George. Extract • See " Revenue Selections," pages 942 and 943. 143 Extract from an unrecorded memoir by Mr. Fullerton, written in 1823. '' To convey to the mind of an English reader even a slight impression of the nature, opera- tion^ and results of the ryotwav system of reve- nue^ connected with the judicial arrangements of 1816, must be a matter of some difficulty. Let him, in the first place, imagine the whole ' landed interest, that is, all the landlords of ' Great Britain, and even the capital farmers, at ' once swept away from off the face of the earth ; ' let him imagine a cess or rent fixed on every ' field in the kingdom, seldom under, generally ' above, its means of payment ; let him imagine ' the land so assessed lotted out to the villagers, ' according to the number of their cattle and ' ploughs, to the extent of forty or fifty acres ' each ! Let him imagine the revenue, rated as ' above, leviable through the agency of a hundred ' thousand revenue officers, collected or remitted ' at their discretion, according to their idea of ' the occupant's means of paying, whether from ' the produce of his land or his separate pro- ' perty. And in order to encourage every man * to act as a spy on his neighbour, and report his ^ means of paying, that he may eventually save ' himself from extra demand, let him imagine all ' the cultivators of a village liable at all times to ' a separate demand, in order to make up for the '' failure 144 ' failure of one or more individuals of their ' parish. Let him imagine collectors to every ' county acting under the orders of a boards on * the avowed principle of destroying all compe- * tition for labour by a general equalization ' of assessment ; seizing and sending back run- ' avvays to each other. And lastly, let him ' imaorine the collector the sole maiiistrate or ' justice of the peace of the coimty, through the ' medium and instrumentality of whom alone ' any criminal complaint of personal grievance, ^ suffered by the subject, can reach the superior ' courts. Let him imagine at the same time ' every subordinate officer, employed in the col- ' lection of the land revenue, to be a police officer, ' vested with power to fine, confine, put in the ' stocks, and Jiog, any inhabitant within his ' range, on any charge, without oath of the ac- ' cuser, or sworn recorded evidence on the case. ' If the reader can bring his mind to contemplate '- such a course, he may then form some judg- ' ment of the civil administration in progress of ' re-introduction into the territories under the ' Presidency of Madras, containing 125,000 ' square miles, and a population of twelve ' millions.*'* The * I am indebted to Mr. Hodgson for the document from which the above extract is taken, as well as for much useful information regarding the revenue administration at Fort St. George. 145 The rigours of the system were, no doubt, sof- tened in many instances by the good se!!se and proper feeling of the ministerial officers who were employed in its execution, and Sir T. Munro himself has always been an advocate for mode- ration in the assessment. The judicial regula- tions which were introduced into the Madras territory in 1802 and 1806, were also calculated to impose some salutary restraints upon the reve- nue servants ; but still it is unwise to place in the hands of public functionaries a dangerous instru- ment, which, if not always used with prudence and forbearance, must become the source of mischief. The '' ryotwar'' system seems for a time to have given place in some of the Madras districts to "" village settlements,'' which appear to me to have had much to recommend them to a preference, in those instances where a superior order of landholders was not found to exist j but the " ryotmav'' \vdi^ once more obtained the ascen- dancy, and is become the prevailing fashion of the day. In the quotations which I have given, let it not be supposed that I have selected partial ex- tracts for the purpose of exhibiting an unfair and unfavourable view of a particular system. I could wish that every thing which has been writ- u tea 146 ten in support of it;, were submitted to the pub- lic. I have studied it in the writings of its warmest advocates : I have sought for an illus- tration of its defects in their pages ; and to this source I appeal for those facts, which^, in my judg- ment, must determine its true character. I have, it is true, given only a sketch of its leading features. To discuss it thoroughly, much more ample materials must be brought together ; but this will, 1 trust, be done ; and 1 have the satis- factory assurance that the work is in excellent hands.* It remains for me to notice some arrangements which have been judged necessary, or expedient, as auxiliary to the '* ryotwar" system : and I shall then proceed to deduce its practical effects in a financial point of view. 1st. The collectors of the land revenue at Fort St. " Mr. J. Hodgson, late member of council at Fort St. George, who, with his colleague, Mr. Fullerton, so ably opposed the " ryot- war " system abroad, is likely, I hope, to bring the merits of the question fully and fairly before the public in this country. 1 could only pretend to give an outline, without losing sight of my main object; but that outline will, I trust, be completely filled up. In the mean time, I beg to refer to the minute of the Board of Revenue at Fort St. George, bearing date the 5th January 1818, " Revenue Selections," pages 885 and 951, as containing a full exposition of the " ryotwar " system, and of the revenue administration at that Presidency, generally. 147 St. George have been re-invested with the office of magistrate in their i^espective districts. 2d. The tehsildars, or native officers employed in collecting the land revenue, have been invested w^ith powers to act as officers of police. 3d. These tehsildars have, by Regulation IV. of 1821, been empowered to impose fines, and to inflict corporal punishment. 4th. Seven or eight of the zillah, or district courts, for the administration of civil justice, have been abolished. There are situations in which the union of the offices of collector and magistrate may be con- venient ; there are individuals in whose hands the powers of the two offices may be united with safety ; and it is unquestionable that the infor- mation which the revenue servants possess, with respect to the people and their concerns, affi)rd them great facilities as judicial functionaries, while their numbers are such as to constitute an efficient police establishment. In the jungle dis- tricts, in particular, where both the people and their chiefs are in a rude, uncivilized state, our institutions, to be intelligible and suitable, must be very simple ; and the simplest form of admi- nistration is, no doubt, that which places all power in the hands of a single individual. But it is also true that this combination of power may lead to great abuse ; that it holds u 2 out 148 out a teinptatioii to abuse ; and that it secures impunity to the corrupt or tyrannical oificer, who deviates from the path of duty. As a system, it is dangerous : and whatever may be its practical usefulness in particular instances, its general ap- plication cannot be justified upon any sound principles. Regulation IV. of 1821, of the Madras Govern- ment, empowers the tehsildars to impose fines, and to inflict corporal punishment for theft and petty misdemeanours: and although the correction is limited to six strokes of the rattan for each offence, the power to inflict corporal punishment, however slight, involves the power to inflict dis- grace ; and this, in India, where the better classes are extremely sensitive in all matters affecting reputation, is liable to be a|3plied to the very worst purposes. it is by no means my intention to assert that the authority of magistrate was given to invigo- rate and uphold the '' ryotimr'' system, or to strengthen the hands of the '' tehsildar*' in his revenue capacity. It was honestly given with very different views : but when a public officer, exercising two functions, is seen armed with the fasces, it requires very nice discrimination to de- termine in what quality they are intended to be used ; and, certainly, no prudent man would op- pose the will of an officer so fatally armed, should it I 149 it occur to him to enforce a revenue exaction by the threat of a summary judicial process. That the tehsildars have ample powers to do mischief^ cannot be doubted, and that they will exert their power for corrupt and oppressive purposes, can- not be doubted by those who do not discredit the description which has been given of those func- tionaries. Nor is it intended by me to affirm that the abolition of the zillah, or district courts of justice, had for its object to afford the revenue servants freer scope for their operations ; but 1 do appre- hend that such must inevitably be the conse- quence of their suppression. They were abolished, partly *' for the sake of public economy/' and partly, because Sir T. Munro seems disposed to consider those courts as the source of inconve- nience, if not a positive evil. He observes, ^' but "^ whatever mode of settlement may be finally '^ adopted, the inhabitants, but particularly the '' ryots, must suffer great inconvenience, and even '' distress, from the judicial regulations, as they '' now stand. The evils which they are likely '' to increase rather than to diminish, are delay, '' vexation, bribery, wrong decisions.* The " delay * A man of a dull understanding may be consistent in error. A man of talents, like Sir T. Munro, is not likely to continue so, for the " experimentum crucis " brings him back, sooner or later, to the 150 '' delay will necessarily arise from the forms, " which not only the judge, but the native com- '' missioners must adhere to in their proceedings, " and from all the principal, and a great part of *' even the petty suits, being brought before the ** judge/'* &c. &c. To this opinion, I must oppose one of the highest authority on all questions relating to the administration of justice in India — Sir Henry Strachey, whose experience and attainments give to his opinions a genuine value, and whose can- dour and independent mind assure us that we have always his unbiassed sentiments, thus ex- presses himself. '' My opinion of the judicial administration " established in Bengal, and the provinces de- '' pending upon it, is on the whole very favour- '' able. To the system itself, the institution of '' the the right road. As an illustration of this remark, I will quote a passage from the report of Sir T. M. and Mr. Stratton in 1818, on the Zillah Courts. " If not a single original suit were to come before them (the Zillah Courts), they would still be of the most essential use to the country as Courts of Appeal and Criminal Courts ; and still more, perhaps, by the salutary check which they would maintain over the districts and village moonsifs, by which they would compel them to perform properly those subordinate judicial duties, which can by no other agents be so conveniently discharged." Upon what ground, I ask, are these courts to be abolished ? I understand that in one instance, the native inhabitants have themselves protested against the abolition— and with reason, no doubt. * See " Revenue Selections," page 105, et seq. 151 " the courts of justice^ formed as they are upon *' the English model, and the rules by which they " are guided^ I see no material objection." '* If the ' ryotwar' plan can be carried on suc- '' cessfully after the establishment of the judicial *' authorities ; if rules can be framed^ under '^ which the ryotwar collector shall act as manager '' only of an estate, and the judge shall have the '' usual power of redressing grievances, then I " shall not condemn the plan ; but 1 protest '* against, the ryotwar collector having any judi- " cial power whatever. As manager of an estate '' only he ought to be considered ; consequently, '' we must be jealous of his power, lest he should '" pervert it to purposes of extortion. Every " manager of an estate has, in India, a natural '' inclination or tendency towards extortion. If '' any man^ whose business it is to collect rent '' from the ryots, shall persuade himself that, '' while so occupied, he is the fittest person in the " world to defend these ryots from the oppres- '' sions which he and his dependents commit, that '' his occupation supersedes the necessity of all '' control, that person, in my opinion, most ^' grossly errs.''* Mr. T. H. Ernst, another judicial servant of great experience, writes as follows. '' One * See " Judicial Selections," pages 52, 64, and 65. 152 " One of the most important benefits which the "' natives have derived from it/' (the judicial system) '' is the security which it has afforded them '' in their persons. They are no longer beat and ^' tortured, and imprisoned, as they used to be, *' by the officers employed in the collections^ and ^' by their private creditors ; and this very ma- " terial change in their condition should never be '' lost sight of in discussiiig the merits of the " present system.'** Mr. * See " Judicial Selections," page 31. The following extracts ex- hibit another contrast between the opinions of Sir T. Miinro and Sir H. Strachey. Extract from a Memorandum by Colonel Munro, on the Judicial System : page 1 05, vol. ii, " Judicial Selections." ** In the various plans that have been suggested for reducing the public expenditure, none seem to have been thought of for lessening that of the Judicial Department, though there is none in which re- trenchment may be made with more advantage both to Government and the inhabitants." &c. &c. " In a civilized populous country, like India, justice can be well dispensed only through the agency of the natives themselves. It is absurd to suppose, that they are so corrupt as to be altogether unfit to be intrusted with the discharge of this important duty," &c &c. Extract from Sir Henry Strachey's Answer to the Questions put by the Court of Directors in 1813 : page 72, vol. ii, " Judicial Se- lections." " It is, I should hope, superfluous to consider the native system : we cannot seriously talk of reviving it in Bengal : what we have done cannot be revoked. We have produced great changes, and, occasionally, done some mischief, which cannot easily be repaired. But barbarism and confusion will, I am sure, overwhelm the country, if we give up our system now, and throw the natives suddenly upon their own resources." " With 153 Mr. Ravenshaw, also, expresses himself in the following enriphatic terms. '' In saying thus much, 1 beg I may not be " understood as deprecating the system itself, ** for I have no hesitation in pronouncing, that " our present Indian constitution is the proudest " monument of wisdom ever erected in India ; ** that the regulations, as they stand at present, " are capable of rendering the system in time in a '* great measure fit and efficient ; that they re- ** quire only a few alterations and additions to " make it as perfectly so as human institutions " can be ; and that when the full benefits of it *' are generally felt as well as seen, the natives ** will consider it as the greatest blessing ever *^ conferred on them. " So far from thinking the expense of the pre- ** sent system could with propriety be diminished, *^ either by reducing the number of courts or " the scale of establishment, I am decidedly of " opinion that, if the expense could be borne, '' great ** W^ith all the abuses and want of skill that are visible in our system, it displays, I firmly believe, more of intellect and rationality, and consequently of substantial justice, than can be found in the policy and legislation of the whole eastern world, from Constantino- ple to China. It would be unpardonable to withhold these blessings, which a series of astonishing events has enabled England to dis- pense to Hindostan." X 154 *' great advantage would be derived from increa^- *^ ing the number of courts/'* It would not be difficult to multiply authorities, for the purpose of shewing that the judicial powers cannot generally be intrusted to the re\^enue ser- vants with safety, and that the courts of justice, although not perfectly free from objections, and not yet harmonizing with the notions and habits of the natives, cannot be dispensed with, without exposing the people to very great oppression. But, let Sir T. Munro himself describe the state of a country, where the '' native institutions,'' so highly vaunted, have had full scope and effect, unfettered by English courts of law. ''' A very large proportion of the talliars* are '* themselves thieves; all the kawillgars* are '* themselves robbers exempting them, and many " of them are murderers ; and, though they are ** now afraid to act openly, there is no doubt ** that many of them still secretly follow their for- ** mer practices. Many potails and curnums, '• also, harbour thieves ; so that no traveller can '' pass * See " Judicial Selections/' pages 131 to 135. There is an able minute on the subject, by Mr, Fullerton, from which I should quote largely, if I were not unwilling to extend this Essay beyond its more immediate object. I should also refer to the opinions of Lord Teignmouth, of the Marquess of Wellesley, and of the Go- vernment of Fort St. George, in 1812: as well as to the report of the Select Committee of the House of Commons, on the merits of our judicial system. 1*- r^ 00 *' pass through the ceded districts without being " robbed, who does not employ either his own " servants, or those of the village, to watch at " night ; and even this precaution is very often " ineffectual. Many offenders . are taken, but " great numbers also escape, for connivance must " be expected among the kawillgars and the " talliars, who are themselves thieves; and the " inhabitants are often backward in giving infor- '' mation_, from the fear of assassination, which ^' icas formerly very common^ and sometimes hap- " pens on such occasions/'* It has been said, and very justly, I admit/ that the natives of India are attached to their usages and institutions ; but they are an intelHgent people, and although they may be incommoded by the forms and process of our courts, to which they are not yet familiarized, they are fully sen- sible of the value of British protection, and it is impossible to believe that they can be attached to the state of anarchy described in the foregoing extract. Sir T. Munro is too much of a statesman not to * See " Judicial Selections," pages 220, 221, et seq. The kawill- gar was a head-officer of police under the native administration. " The talliar acts under the potail of the village ; and the potail " under the Amildar of the district ; but all these persons are, at " least, as much revenue as police-officers. The talliar and potail " hold their offices by inheritance." 156 to be aware that no society can exist without civil institutions ; and after enlargini^ upon the defects and insufficiency of our judicial system, he pro- ceeds to explain the native system of judicature, which he consijiers us to have displaced, and which it has been his object to re-establish. Para. 24. ** It is to be feared that no complete " remedy for these evils can be found ; but the ** most effectual one would be to resort to the " trial by jury, termed by the inhabitants * pun- *' chayet/ or subba, according to their respective " languages. The judicial code in civil cases " authorizes trial by referees, arbitrators and " munsifs ; but it says nothing of trial by ' Pun- " chai/et/ It seems strange that this code, which ** has been framed expressly for the benefit of the " natives, should omit entirely the only mode of ** trial which is general and popular among them, " and regarded as fair and legal ; for there can *' be no doubt that the trial by * punchayet ' is '' as much the common law of India, in civil mat- " ters, as that by jury in England. No native " thinks that justice is done where it is not ** adopted ; and in appeals of causes formerly *' settled, whether under a native government, or " under that of the Company, previous to the '' establishment of the courts, the reason assign- ** ed, in almost every instance, was, that the de- " cision was not given by a 'punchayet/ but by 157 ** by a public officer, or by persons acting under '' his influence, or sitting in his presence. The " native who has a good cause, always applies '^ for a ^ punchayet/ while he who has a bad one '* seeks the decision of a collector or a judge, " because he knows that it is easier to deceive *' them. It may be objected that a ' pun- " chayet * has no fixed constitution ; that the '* number of its members may vary from five to " fifty, or even more, and that its verdicts are ** often capricious. But all these objections for- ** merly lay against juries, and they might un- " questionably be removed from ^ punchayets * ** by future improvements."* The ^^ punchayet"\ is an assembly of arbitra- tors ; and, although it had fallen much into disuse in most of the Bengal districts, it was never in- tended by our Government to suppress it. On the contrary, the judicial code expressly en- couraged appeals to arbitration, and the people have always been perfectly free to use the *' punchayet/* whenever they were mutually dis- posed to give it a preference. It was, however, judged * See " Revenue Selections," page 106. \ See Appendix C, on the origin and nature of " Funchayet^^ by H. T. Colebrooke, Esq., than whom there can be no higher autho- rity on questions of Hindoo law and Hindoo institutions. This brief Memoir should satisfy those who have been accustomed to regard the " Punchayet^* as constituting the entire system of Hindoo judicature, that they have been entirely in a mistake. 158 judged necessary to render awards liable to be set aside for corruption, and this enactment operated, no doubt, to discourage individuals of respec- tability from undertaking the office of arbitrator ; it in consequence gradually declined in the es- timation of the people, and there is reason perhaps to regret that an institution of the kind could not have been secured from abuse by means short of those which appear to have occasioned its disuse. As an auxiliary to a regular system of judica- ture, the '' punchai/et " may be found extremely useful. It was in general resorted to for the purpose of settling questions relating to caste, professional privileges and usages, the customs of merchants, and the like ; and it might be em- ployed, quite as usefully, in adjusting boundary disputes, questions between landlord and tenant, and simple contracts generally. But as a system standing alone and unsupported, its incompetency must at once be apparent. How is it possible for such an assembly to stand as a bulwark between Government, or its officers, and the people ? How could such an assembly be called upon to decide an intricate question of inheritance, or any ques- tion whose solution should depend upon a know- ledge of the general principles of law } To maintain that it is all-sufficient, and adequate to all the ends of justice, would be as unreasonable as 159 as to contend that it can never be used with ad- vantage.* Sir John Malcolm^ in his " Memoir on Central India/' has given a particular account of the '' punchayety'' and his opinions are strongly in favour of the institution. The Hon. Mountstuart Elphinstone^ in his " Report f on the Territories conquered from the Peishwa/' gives^ aiso^ a fair and impartial description of it^ and delineates its merits and defects with a clear and just discrimi- nation. From these and other authorities, there are satisfactory grounds for concluding that the ** Punchai/et," as a court of arbitration, acting iDith consent of parties, ought to be sustained and countenanced by the Government wherever it is found to exist ; and that, as such, it is likely to prove a very useful engine in the administration of justice. It is, however, an institution rather suited to a rude state of society, in which friends and neighbours are naturally called in to arbitrate differences between individuals; but it would seem to be scarcely adapted to a more advanced stage of civilization, when, the concerns of the com- munity becoming complex and multifarious, writ- ten * In a short Memoir which I wrote in India some fifteen years ago on our judicial system, I recommended the use of the ^^ punchayeV in a modified shape j so that I have no prejudices to overcome on this subject. t See Report, printed in Calcutta in 1831. 160 ten laws are found necessary, and nicer distinc- tions must be made in the administration of those laws. The advocates of the ^^ punchayet" may perhaps be surprised to learn that their favourite institution has been tried upon a large scale in modern times, and that the experiment is con- sidered entirely to have failed. The first National Assembly of France, by a law of the 24th August 1790, which was followed by many subsequent enactments in the same spirit, decreed that '* arbitration afforded the " means the most reasonable for settling suits " between citizens ;'* and this principle having obtained high favour for the time, it was every where extended, and found its way into the legis- lation of the remote Cantons of Switzerland. It was applied even to cases of inheritance, and ** dans cpMe manie d* arbitrage,'* observes M. Bellot,* ** on alia plus oin ; le mot dejwge cessa " d'etre un terme legal; on ne reconnut plus que " des arbitres volontaires, ou des arbitres publics, " selon qu'ils etaient nommes par les parties, ou *' par les assemblees electorales/' But what was the result of this expulsion of the very name of judge from the judicial code? '' L ex- * See " Expose des Motifs de la Loi sur la procedure Civile, pour le Canton de Geneve," par P. F. Bellot. 161 ** L*experience mit bientOt a decouvert les ** vices (\e ce systeme ; et une voix geiierale ac- " cusa rimprevoyance du legislature. " De toutes parts on citait en France des sen- " tences arbitrales^ ou les lois avaient ete im- '* pudemment violees, les interets les plus sacres " connpromis ; ou des arbitres ignorans^ pusil- " lanimes, subornes^ n 'avaient ecoute que leurs " prejuges^ la crainte, ou la faveur. Deux ans ^' de re£:ne suffirent a rarbitrao:e force nour ac- 'O pour " cumuler plus d'abus que n'en avait presente " Tordre judiciaire dans une longue suite " d'annees. '* Enfin, les tribunaux de famille et Tarbitrage ** force^ furent supprimes ; et nous detruisimes, a ** notre tour^ roeuvre d'une imitation servile/* Such was the early fate of the French and the Swiss '* Punchai/et ;" but let it not be supposed that the learned Juris-consult of Geneva condemns all arbitrations indiscriminately : on the contrary, he seems to be fully sensible that voluntary/ ar- bitrations may be resorted to with great advan- tage, and that provision ought to be made in every system of judicature forgiving proper effect to this mode of arbitrament between contending parties. 1 have been led into a digression upon the *' Punchayet/' in consequence of observing that expectations have been encouraged with respect y to 162 to it^ which are not likely, I fear, to be realized ; and, in consequence of the disposition which has been manifested of late, to exaggerate the merits of the native institutions, and to condemn every thing which is supposed (however erroneously) to innovate upon them. Will the warmest advocates of the ** Punchayet" pretend that it can protect the people of India against the Government, or its revenue officers? And will any person be found to maintain that they ought not to be protected ? Will it be contended that we ought not to have v^'ritten laws? that we ought not to have courts of justice to administer and enforce those laws ? Or that the people of England are so ignorant of general principles, have made such slight advances in knowledge and the science of legislation, as to be incapable of im- proving the institutions and jurisprudence of India^ in which revenue, religion, and law, all take their places together with scarcely a line of demarcation between them ? Simple^ suitable, and sufficient as these institutions are represented to be, they are not all alike entitled to our admi- ration and support ; and, although they ought not in any case to be hastily subverted, they must be accommodated to the altered condition of the people and the peculiar situation of their rulers ; and it should be the study of the government^ as it unquestionably is its duty, to give to our native subjects^ 163 subjects^ not only the most perfect institutions, which may be compatible with the existing state of society among them^ but to model those insti- tutions in such manner that they may operate towards improving the morale intellectual, and social condition of the population of India.* I shall * I am induced to quote the following remarks by Mr. Fullerton on the retrograde movement made at Fort St. George, towards the re-introduction of the native system of administration. " The whole reasoning and argument of the Honourable the Court of Directors, introducing the late innovations, form one tissue of individual opinion, and few of those individuals quoted were in a sta- tion high enough to take a wide and extensive view of the subjects they were discussing : their opinions were generally founded on the narrow and contracted scale of personal feelings under subordinate situations. No Governor, from the days of Lord Cornwallis, and no member of council at any of the Presidencies, has ever questioned the general policy of the judicial system ; none have ever proposed the union of executive and judicial powers. In the controul and direc- tion of departments, in which hundreds are employed, they have been placed in a situation to observe the variations of human intellect and propensities, and the results brought about by them in the adminis- tration of human afiairs : when they contemplated the indolence and inactivity, the no less ruinous effects of the opposite extremes, over real of others, the exclusive union of pre-eminent qualities in the few, the partial defects of the many, they are led to consider that system the best which keeps distinct separate powers, and trusts least to individual perfection. The innovations of 1816 had not their origin with the Government of India, they were founded on private opinions : they have been justly resisted in Bengal ; and their opera- tion at Madras is certainly against the united opinion of the whole experience of the civil service and civil government there." Mr. Fullerton further remarks : — " The institutions of one province were most erroneously supposed Y 2 those 164 I shall now proceed to examine the fiscal effects of the '' ri/otivar*' system^ which not only had the benefit of Sir T. Munio's personal ser- vices on its introduction into the ceded and other districts^ but which has enjoyed his fostering care as head of the government of Fort St. George ; a situation in which he was^ of course, enabled to select for its execution and superintendence, those officers who were best qualified to promote its success. 1 regret that my materials are not more com- plete ; but as the Court of Directors could not,, consistently with their rules and practice (the propriety of which I am not at all prepared to dis- pute), those of the whole territories under Madras, were reported as such by the individual presiding there ; and, on the faith of that individual opinion, were peremptorily ordered to be applied to all ether dis- tricts, many of which were in quite a different state; the order being peremptory, it became the duty of the local government to make them fit, by requisite alterations, the best way they could; but it natu- rally enough became the object of the first promoter of the change to make good the pre-asserted grounds for innovation, rather to keep the incongruity out of sight than to admit its existence, and meet it by further arrangements. The remark is not confined to judicial alte- rations ; the whole projected changes in the revenue department, the general introduction of the ryotwar system, are founded on the tenures and occupancy of land in the " Ceded Districts " alone, and the absence of all landed property there ; the difference has been since admitted, and it is to be hoped, the error of founding a general system on local circumstances and individual opinions is now divS- covered," 165 pute), allow me access to their records and books of account, I have not been able to ascertain with certainty the exact degree in which the occa- sional failures in the Land revenue of Madras are to be ascribed to the '' rj/otwar*' system of administration. The Honourable Court in their letter to the Bengal Government, bearing date the 14th May 1823, observe generally, '" that the land revenues ** of Madras have fallen off considerably since ** 1813-14 ;'' and it is understood that, since the date of this letter, information has been received that remissions will be required at that Presi- dency in the past year 1823-24, to the extent of from 25 to 32 per cent, on the jumma, or assess- ment. But how does it happen that the revenue should be even stationary at Madras, when it has advanced so rapidly in the Bengal provinces ? In om^ '" Ceded and Conquered" territory, the revenue has increased in the proportion of about one-third in the course of fourteen years ; and in the districts in which the '' permanent settle- ment'' has been concluded, the rents of the land- holders are supposed, in many instances, to have doubled, and quadrupled. Of this fact we have strong presumptive evidence in the augmented value of landed property ; and Lord Cornwallis may be said to have bestowed millions on the people 166 people of India^ since^ prior to the '' permanent settlement/' the land had scarcely any saleable value^ whereas at the present day, the rate of purchase is, perhaps, higher than in most of the countries of Europe.* Is this the case at Madras? Can the privilege of cuUivatino* land, the rent of which it is proposed to raise with the increase of every blade of corn, become a valuable, or a sale- able property ? And how is the improvement in the Bengal provinces to be accounted for? Partly from the stimulus given to industry by the limitation of the public demand on the land ; partly, from the greater security of property, which has tended to promote the accumulation of capital ; partly, from the existence of large estates (a thing pro- scribed by the '' ri/otivar" system), the proprie- tors of which find it their interest to lay out capi- tal in the improvement of their lands ; partly, from the produce of land being in greater de- mand to supply the consumption of a population increasing in numbers and in wealth ; and partly, from the introduction, or extension, of valuable articles of agricultural produce, such as indigo, cotton, sugar, and the like. And why has not the same improvement taken place in the Madras districts ? Sir T. Munro, in his * See Letter from Bengal ** Revenue Selections," page 166. 167 his report on the " Ceded Districts/' which were under his immediate charge, observes as follows : " It (the statement) was made out in 1211, since " which period, the proportions of some of the " more valuable articles, as indigo and sugar, " have greatly augmented. Indigo to the value " of star pagodas 1,05,000, paid duty in 1215; " and it is supposed that the export to the Car- " natic, for which no duty was paid, was equal *' to star pagodas 20,000. The quantity would *' have been nearly doubled in 1216, had not the ** crops been destroyed by the drought. The " coarse sugar, or jaggery, manufactured in 1216, *' was double the quantity of any preceding year. " The increase of these articles is occasioned by *^ the addition of an extra land-rent, amounting " to twice or three times the ordinary rate; to " which all land employed in their culture was " subjected ; and this increase is likely to go on *' progressively, as the demand for them is great. " Cotton, one of the chief products of the ' Ceded " Districts,' has not increased in a similar de- '•' gree, because the demand for it is not greater " than usual, and because from its being a com- " mon article of cultivation, and never having *' paid more than the ordinary land-rent, it has '* obtained no advantage from the equalization " of rent by the survey/'* These « See "Revenue Selections," page 120. 168 These remarks go very far to answer my ques- tion, for if an extra assessment of twice or three times the ordinarj/ rate, as well as a transit duty^ is to be applied whenever a promising article of cultivation makes its appearance^ the most effec- tual means are taken to prevent its introduction, or at least its extension. Some articles may, for a tim.e, succeed in spite of this discouragement ; but (although the language is somewhat obscure) we see that cotton, a valuable product, can scarcely bear up against the ordinari/ land-rent ; and in fact, if it could yield more, it is quite clear that it would be immediately subjected to a higher rate. The seasons in the Peninsula may be more irregular than in our Bengal provinces, and the harvest may, in consequence, be more uncertain ; the rivers not being navigable, are not calculated to facilitate the internal commerce of the country ; and there may be other local circumstances unfa- vourable to the improvement of the Madras ter- ritory. But who can fail to perceive, that the system of revenue administration has much to do in arresting the progress of improvement ? Will industry be called into action when the demand of the tax-gatherer keeps pace with its produce ? Will capital accumulate where there is no secu- rity for property, no law but that which is admi- nistered under the auspices of a revenue officer ? Will 169 Will opulent consumers be found where no capi- tal is allowed to accumulate ? And can any country advance and become prosperous where tlie land has no saleable value^ where there is no motive for laying out capital in its improvement, and where no order of human beings is to be found between the government and the labouring peasant ? Certainly not. The '' permanent settle- ment" contains within it a principle of vitality/ ; the '^ ri/otwar" system, a principle of decai/. The one works out a remedy even for the evil of over assessment ; the other, whenever the ob- ject of over-assessment, must become its victim. Let us now compare the revenue realised from the ^' Ceded Districts/' which were settled by Sir T. Munro, with the revenue which has been realised from the '' Ceded and Conquered Pro- vinces" under the Bengal Presidency. Madras—" Ceded Districts." 1808-9.* 1821-22. Increase. S:;i?Cu"sto^s,! P«S- 17,04,517 18,14,303 1,09,786 = £681,807 725,721 43,914 Bengal — ^' Ceded and Conquered Provinces :" Do. do. C.Rups.3,01,90,334 4,28,81,803 1,26,91,469 = ^3,019,033 4,288,180 . 1,269,146 The • That I may not be suspected of having taken an unfavourable period for comparison, I subjoin a memorandum of the revenues of the Madras "Ceded Districts" from 1808-9 to the latest period, 1821-22, for which the accounts have been printed. I am aware that these districts were not under " ryotwar" management during Z the 170 The " Ceded Districts'* of Madras furnish, 1 believe, as favoui'able a specimen as could be taken, to shew the effects of the '* ryotwar'' sys- tem : they are pointed out by the Court of Di- rectors as an instance to prove " that the difficul- " ties attending the system may be surmounted ;" they were placed under this system of manage- ment soon after the period of their cession ; they have enjoyed the benefit of select agency ; the Government itself has countenanced and en- couraged the experiment; and the officer with whom it originated was allowed to model and apply the system in the manner most likely to insure its success ; and yet, with all these special advantages, the land revenue has continued nearly stationary during fourteen years, while our Ben- gal provinces, enjoying only \X\q 'promise of a ^''per- manent settlement^" have yielded, within the same period, the whole period, but if they do not furnish a complete specimen of continued " ryotwar" management, they shew what is to be ex- pected from the unsettled and ever-varying systems adopted from time to time at Fort St. George. 1808-9 ... Pagodasl 7,04,517 1815-16... Pagodas 17,67,828 1809-10 16,57,103 1816-17 ' 17,82,463 1810-11 17,20,842 1817-18 16,05,774 1811-12 16,21,466 1818-19 18,68,184 1812-1 :$ 16,83,575 1819-20 18,10,309 1813-14 17,13,686 1820-21 16,58,753 1814-15 17,13,032 1821-22 18,14,303 If the " Ceded Districts " should not be considered a fair specimen of" Ryotwar " management, let me refer the reader to Appendix D, where he will find the fiscal effects of this System, exhibited in the Province of ** Canara.^* 171 period^ an increase of annual revenue to the amount of £ 1,270,000 ! A greater contrast could not well be exhibited, and it would be quite un- reasonable to deny that the difference in the two cases is to be referred, in a very great degree, to the difference in the system of management. Had a permanent settlement been concluded in the Madras districts fourteen years ago, some spe- culative financier would doubtless now be found to deplore and to condemn the improvident sacri- fice of revenue. Lord Cornwallis' settlement (most unjustly, as I contend) has thus been arraigned ; but the event has shewn, in the present instance, that the assumption would have been altogether gratuitous, for those Mines of Wealth which his Lordship is reproached for having sacrificed, have here produced nothing. If we had fixed our demand on the Madras Ceded Districts, in perpe- tuity, fourteen years ago, the land, it is true, might not have yielded more than it does at present; but the customs and the " sai/er" would have in- creased, for the people would have emerged from a state of pauperism ; the cultivation of the soil would have been extended ; and with its ex- tension, tangible articles of taxation would have been found. We should certainly have sacrificed above a million of annual revenue, if we had concluded the permanent settlement of our Bengal '* Ceded andConqnered Provinces'' at the same period, for z 2 some J 72 !some of the districts (Goruckpore in particular), were waste, or only partially cultivated ; but we have the declaration of the local officers, that many parts of that territory are now arrived at a high state of improvement ; and it is extremely doubtful J whether a further delay in fixing the assessment, will be attended with any pecuniary advantage to the government.* Of one fact we may be quite certain from the concurring testi- mony of the local authorities, that a further delay, will be attended with discredit to our name, if it do not excite a spirit of disaffection throughout our western territory. The landholders have re- ceived, in the most authentic form, repeated assu* ranees of our intention, to conclude a "perma- nent settlement" with them; and whatever we may pretend, they can never be made to believe that, in disappointing their just expectations, we have not been actuated by a sordid, rapacious policy. Is it possible, indeed, for them to believe that * I have learnt, with regret, that, in consequence of a drought, remissions of Revenue are likely to be necessary in these provinces in the present year 1824-25, and I doubt whether we shall hereafter obtain from them the same revenue which they would have yielded if the permanent settlement had been concluded three years ago. I doubt, moreover, whether the remissions now required would have been called for in that case, for the Landholders, under a permanent settlement, could have borne partial losses, and would have had sufficient credit with the Native Bankers, to enable them to advance the public Revenue, even under circumstances of temporary incon- venience to themselves. 173 that a government, which seems disposed to ap- propriate a vast territory as universal landlord, and to collect, not revenue but rent, can have any other view than to extract from the people the utmost fraction which they can pay ? The Honourable Court of Directors, in their letter to the supreme Government of the 16th March 1813,* appear to attach great weight to the opinion of the first commissioners who were deputed to form the settlement of the western provinces in 1807 ; but the objections of those officers did not apply at all to the principle of the permanent settlement ; they considered the mea- sure, with reference to time and circumstances, to be generally premature; but, in two particular instances, they recommended its immediate intro- duction, and nothing could be more remote from their intentions than to countenance the project of substituting the '' ryotwar*' system of manage- ment in any part of our territory. If we wish to preserve tranquillity in our wes- tern provinces, if we wish to secure the ample revenue which they at present yield, if we wish to ♦ See "Revenue Selections," page 140, et seq. I am anxious, as one of the commissioners, to explain my sentiments on this im- portant question, the decision of which may affect the tranquillity of a valuable portion of our Indian territory. Its tranquillity will not, in my opinion, be long preserved, if the project of sending out a host of surveyors to measure and assess every field be carried into effect, and I understand that steps have already been taken for the execution of this ill-judged project. 174 to attach to our government, by the strong ties of interest^ that class of individuals who possess the most powerful influence over the minds of the people, we shall redeem ourpledge_, and fix the as- sessment in perpetuity in all those estates which ''may he in a sufficienth/ improved state ofctiltiva- ''tion."^ In those instances where the lands have not yet been extensively cultivated, it would be advis- able, 1 think, to grant, (preparatory to a permanent settlement, )longleases,or leases forthe incumbent's life (if there be no joint proprietors) ; and in the course of twenty years, we should not only have the satisfaction of seeing the country in the highest state of improvement, and the people contented and well affected to our Government, but we should also have it in our power to draw, if necessary, a larger revenue from the land, with- out imposing burthens disproportionate to its resources. We have not yet the means of judging, with any degree of certainty, of the probable resources of the country acquired by conquest from the Marhattas in 1818; but as the administration of our predecessors appears to have been corrupt and oppressive, we may presume that much time will be required to develope its natural powers, and that the present revenue may admit of con- siderable * I quote the words of the Regulation, in which the promise is made to the Landholders. 175 siderable augmentation under a better system of management. The gross receipts from the ter- ritory on the Nurbuddah^ immediately dependent upon the Bengal Presidency^ have been as follow^ in ihe last three years^ viz. 1819-20 Current Rupees 20,55,317 1820-21 77,99,088 1821-22* 60,34,198 The gross receipts from the province of Can- deish and the other districts, which were con- quered from the Peishwa^ and placed under the Bombay government,, amounted in 1819-20 to the sum of Current Rupees 78,37,092; but, as the revenue of this territory is not separately stated in the accounts of the two last years, I cannot ascertain exactly what progress has been made in calling forth its resources. There is reason, however, to believe, from the increase which has taken place in the aggregate receipts at Bombay, that an improvement has already been effected ; and although tlie increase of military and other charges will necessarily absorb a large portion of the revenue, the new territory is likely to prove a valuable acquisition. Upon the whole, the land revenue of India may be relied upon generally, as a firm and legitimate resource; and the only doubts which I entertain of its permanency and productiveness, have refe- rence * I cannot explain the cause of the decrease in this year. 176 rence to the system of management which has been adopted in particular quarters. 1 do not pretend to decide who are, or ought to be, the proprietors of the soil, whether zemindars, talook- dars, or malicks, meerassydars, ryots, or the village corporation*; but in every stage of my inquiry I find reason to be satisfied that the government nei- ther isy nor ought to be, that proprietor. I am sensible that we ought not to disturb existing in- stitutions without a necessity, or some strong and obvious reason. 1 am aware that all changes are attended with more or less inconvenience, and sudden and violent changes, with more or less danger ; and that the prospect of improve- ment ought to be very satisfactory before we determine to innovate upon long-established habits and usages. But if notions and customs, consecrated by their antiquity, are never to be meddled with, why have we discountenanced and sup- * Consisting of the following personages, some of whom are, however, to be considered rather as servants of the corporation than the corporation itself. They constitute evidently the rudiments of a society, performing those offices which are first called for when men begin to form themselves into communities. The potail, or head inhabitant, Goldsmith, Curnum, or accountant. Potter, Barber, The bard, . Washerman, Currier, Carpenter, Astrologer, or schoolmaster. Smith, Watchman. 177 suppressed the trial by ordeal ? the punishment for witchcraft — the practice of infanticide, and other gross superstitions ? The practice of sitting dhurna* was resorted to as an expedient for enforcing demands where the administration of public justice was not sufficiently provided for ; but such a practice ought not surely to be tole- rated by a government, which is both able and willing to assist its subjects in asserting their rights, and in obtaining the redress of their wrongs ? Is it fitting that the British Government shotild regard with unconcern the state of villa- nage and slavery which exists in the southern and western parts of the Peninsula, merely because our Hindoo and Mahomedan predecessors were indifferent to the condition of those, whom their anti-social institutions degraded in the scale of society ? I am not the advocate of innovation ; but still there are certain principles, whose operation may always be depended upon : certain feelings which are common to men in all situations. We may be quite sure that all men desire to possess property, and landed property, perhaps, in as great a degree as any other ; that the more moderate the demands of the government may be * The practice of sitting at the door of a debtor, or supposed a^ressor, without taking food, until some compromise be ef- fected. The ceremony was usually performed by a Bramin, whose life it would have been criminal to endanger by a refusal to comply with the demand. 2 A 178 be upon that property, the better pleased will be its proprietor : that if the demand upon the land be moderate, the longer it continues to be so, and the more binding and absolute the pledge for its continuance, the better satisfied will be the landholder : in other words, that where the as- sessment is moderate, long leases will be pre- ferred to a precarious tenure, and perpetuity to either* We may also be sure that men do not covet the visitations of '' surveyors,'* and '' public inspectors," nor take delight in the presence of the tax-gatherer, especially/ if he be armed with judicial powers; that they are likely to work when they are allowed to enjoy the fruits of their labour ; that where industry is encou- raged * The following just remarks are quoted from Captain Briggs, po' litical agent in Candeish. " I am disposed to think that the system " adopted by Mullick Umber, of making lands over in perpetuity, is " 9f g^^ot antiquity among the Hindoos, and was probably once uni- " formly adopted throughout India. Whenever the Eyen Jumma ap- " pears to have increased, it has been in consequence of additionaj " cultivation, not of an increased rate of assessment, and nothing is ** more favourable to the extension and improvement of agriculture " than a moderate, but permanent tax, and an interest in the soil. " The portion remaining to the cultivator should be such as to enable " him to add indirectly to the wealth of the State ; he should not " only have the means of improving his field and taking in more ** ground, but he should have sufficient left to live in such a way as " to encourage manufactures and trade, and thus become an indirect " promoter of the revenue derived from the customs, as it must be " evident, where there is] no opulence in the people, there can be no '* source from whence revenue can be derived." 179 raged and protected^ a country is likely to flourish, and that its prosperity reflects back a real good upon the protecting Govern nrient. The mines of America may inundate us with the pre- cious metalSj and the Government which has fixed its demand upon the land^ may experience some diminution of its effective income from a fall in the value of money ; but it is also certain that, in a country where agriculture and com- merce flourish, and where capital is allowed to accumulate, a more extensive medium of ex- change becomes necessary, and a larger quantity of the precious metals is likely to be absorbed ; and, lastly, it may be safely affirmed that, if the population of a country be contented and rich, it never can be difficult for its rulers to draw from it those pecuniary resources which are necessary for the due administration of public affairs, and that although debts may be incurred during war to an inconvenient amount, a wise and just Government is likely to find a prosperous and well disposed people, able and willing to bear the burthen. 2 A 2 Chapter CHAPTER IV. FINANCIAL AND COMMERCIAL SITUATION OF THE EAST-INDIA COMPANY. After the review which has been taken of the resources of the East-India Company abroad^ I propose to combine the territorial with the com- mercial accounts^ in order to obtain^ as far as may be practicable^ materials for forming a cor- rect judgment with respect to the financial situa- tion of the Company generalh/. It is not easy to form an accurate estimate of the commercial concerns of theCompany^ because they are not required to submit to Parliament an account of their profits or loss, and there is no direct evidence from which we can deduce the exact result of their commercial transactions. The Court of Directors have, however, in their financial correspondence, lately published, ac- knowledged on various occasions the existence of a commercial profit, and in a note subjoined to the last statement of their commercial stock, it is ex- pressly declared that ''the sum of £4,754,900 '• sterling has been advanced, or set apart, from '' the 181 '^ the surplus commercial profits in England^ '' towards the liquidation of Indian territorial '' debt.'^ It is true that the Company do not estimate their gains or loss v\^ith that degree of precision which a private merchant would consider necessary. They are their own insurers ; and as the casual- ties at sea occur very irregularly^ the charge under this head is never determinate or equally distri- buted. Nor is interest charged on the exact amount of the capital* employed in the trade^ including the cost of factories^ warehouses, and other buildings. Moreover, until the late separa- tion of the commercial and political accounts, the Customs in India, the salaries ofthe Boards of Trade, and other commercial establishments, were not charged on the Investment ; and there are still, I have reason to believe, various outlays incidental to the trade, which do not constitute a regular commercial charge : for example, the advances made to the manufacturers are, sometimes, irre- coverable ; and although the amount, after a time, is perhaps transferred to the account of '' dead stock,'' as a desperate balance, the loss never appears * The dividends on the Company's stock, and the interest on the bond debt, are charged in the commercial account j but their amount is scarcely equal to an interest of five per cent, per annum on the capital employed in the trade, including the " Dead Stock," and the Company pay in India, at the rate of six per cent, per annum. 182 appears as a direct charge upon the trade. In particular seasons^ the loss occasioned by bad ba- lances is very considerable, and this happens more especially in the instance of the silk investment ; for as the rearins: of the silk-worm is liable to be affected by different natural causes, a failure not unfrequently takes place ; and whenever this oc- curs, the Company are the principal sufferers. Without, however, enlarging on these and other circumstances, which make it impossible for me to ascertain with perfect precision the extent of the Company's commercial losses or gains, I shall proceed to examine those documents which may enable us to arrive, by an approximation, at the pecuniary results of their trade. It is evident that, if we can obtain satisfactory evidence of the Company's situation at two given periods, at some distance from each other, a com- parison between them will furnish a strong pre- sumption with respect to the intervening events. If we can shew that the Company are richer at the present period than they were nine or ten years ago, the inference necessarily is, that they have realized a profit in the intermediate term. If they have become poorer, they must, of course, have sustained a loss. Now, the statement of the Company's finances, which was submitted to Parliament soon after the renewal of their present charter, is very circum- stantial. stantial, and contains a full, and apparently a fair, exposition of their debts and assets, territorial and commercial, both abroad and at home, in the year 1815. The account for India is made up to the SOth of April, 1814 ; the home account is brought down to the SOth of April, 1815; but although it would, perhaps, have been more satisfactory if the two accounts had been made up to the same pe- riod, I am unwilling to destroy the identity of the statement, by introducing corrections* of my own, and 1 shall accordingly adhere to the official docu- ments, preserving the same difference of a year at the close, as at the commencement of the term, which has been taken for the purposes of comparison. The following abstract will shew the state of the commercial concern in 1814 and 1815_, abroad and at home, respectively : Commercial assets in India, on the SOth of April, 1814 £ 4,525,394 Ditto at home, ditto 1815 18,261,640 Total commercial assets £22,787,034 i Yr>d t Carry over £22,787,034 * The net commercial assets in India in 1815, fell short of the amount in 1814, in the sum of £865,201, as follow: Assets in 1815, after deducting debts £3,332,340 Ditto, 1814, ditto 4,197,541 Less in 1815 £ 865,201 184 Brought over £22,787,034 Deduct Commercial debt in India, on theSOthof April, 1814... £ 327,853 Ditto at home, ditto 1815... 2,156,417 — 2,484,270 Commercial assets «£20,302,764 Deduct, also. Amount of bond debt at home, 30th of April, 1815 4,487,170 Net commercial balance in favour do. .;^15,815,594 In this account the value of the India house and other buildings and dead -stock is stated at the sum of £1,143,000; and although the property may not be saleable for this amount, it does not appear to be an exaggerated valuation. Credit is also taken for advances made in England, in 1814-15, on account of the territory, to the amount of £2,304,626 ; and as it is to be presumed that the statement is correct, I shall only observe that the political charge in that year (£1,844,735) ap- pears to have been on a much larger scale than it is represented to have been at a later period. I shall novyr proceed to contrast this state of the commercial concern at the commencement of the present charter with the results which the Indian accounts of 1822, and the home accounts of 1823, severally exhibit. I could bring down the state- ment 185 ment a year later, by making use of the manuscript accounts which were laid before the General Court of Proprietors on the 22d of December last ; but as they have not yet been printed^ and as the re- sult of the comparison would not be materially different, I prefer to adhere to those public docu- ments which can, if necessary, be referred to for the purpose of authenticating my statements. Commercial assets in India, on the 30th of April, 1822 £ 3,085,724 Ditto at home, ditto 1823 23,792,441 Total commercial assets £26,878,165 Deduct Commercial debt in India, on the 30th of April, 1822... £ 104,769 Ditto at home, ditto 1823... 2,147,538 2,252,307 Commercial assets £24,625,858 Deduct, also, Amount of bond debt at home, 30th of April, 1823 3,937,729 Commercial balance in favour do £20,688,129 This account, however, requires some adjust- ment, as it appears from the notes subjoined to the printed statements, that advances had been made in India on the commercial account in 1821-22 2 B . and 186 and 1822-23, to the amount of £4,600,000, which should properly be deducted from the commercial assets. On the other hand, it appears, that funds have been advanced from '' the surplus commer- '' cial profits" towards the liquidation of the ter- ritorial debt, between the 1st of May 1814, and the 1st of May 1823, to the amount of £3,358,060; and on the present occasion, where the object is to ascertain the extent of the commercial profit, this sum should be added to the commercial assets, as constituting a loan, or advance, made to the terri- torial department. Commercial assets as above £20,688,129 Deduct Territorial advances in India 4,600,000 16,088,129 Add Advance on account of territorial debt from Commercial profit 3,358,060 Commercial balance in favour, in 18^2-23 £19,446,189 Ditto do. do. in 1814-15 15,815,594 Increase of commercial assets *£3,630,595 If * Tiiis sum corresponds very nearly with the amount stated to have been advanced from the surplus of commercial profit to the territorial department, or £3,358,060. 187 If this estimate be correct, it would appear that a profit has been realized on the Company's com- merce, in the course of eight years, to the amount of ^3,630,595, or, on an average, at the rate of ^453,824 per annum. If the account were brought down to the 30th of April last, the result would not be quite so fa- vourable, as there seems to have been a decrease in the commercial assets in the course of 1823-rM;* but * Commercial assets abroad on the 30th of April, 1823 £ 1,938,541 Ditto at home, ditto 1824 22,746,469 Total assets £24,685,010 Deduct Commercial debt abroad, 30th of April, 1823 £ 537,487 Ditto at home, ditto 1824 3,335,369 Total debts 3,872,856 Net assets £20,812,154 Deduct Advance in India from territory, for Commercial purposes, in 1823-24 2,450,000 £18,362,154 Add Advance from the " surplus commercial profit," for the liquidation of territorial debt 4,754,902 ^23,117,056 Carryover £23,117,056 2 B 2 188 but I still think, upon the whole, that we may, with safety, estimate the average profit on the Company's trade at the sum of ^^450,000 per an- num. At this rate of profit an addition would be made to the commercial assets of £4,950,000 in the course of the next eleven years ; and the Company at the expiration of the present charter in 1834, would remain possessed of a commercial capital to the amount of £24,500,000 sterling, after dis- charging the whole of the bond debt in this country. This is the fund upon which the proprietors of India stock have a fair and legitimate claim for their indemnification ; and it is quite clear, that, if the charter should not be renewed in 1834, they must be considered to be entitled to a division of the commercial capital, which ought to be quite sufficient Brought over £23,117,056 Deduct Amount of bond debt, 30th of April, 1824 3,937,654 Commercial balance in favour of ditto ... .£19,179,402 The decrease appears to have arisen chiefly from the following commercial losses, viz. : — Cargo ofthe Prince Regent, lost at sea ^£^123,000 Value of woollens, &c. consumed by fire at Canton... 316,000 Bad balances written off and transferred to dead stock 200,000 £639,000 189 sufficient to secure to them the value of their stock at its present price (290 per 100), after making ample allowance for the loss likely to be sustained on the sale of the India house and other immove- able property. It should be observed^ however, that in the com- mercial assets is included the sum set apart from the '' surplus commercial profits/' and appro- priated to the liquidation of the territorial debt ; and if this advance^ amounting, according to the latest statement, to ^4,754,000,* should not ulti- mately be reclaimable from the territory, a corres- ponding deduction must be made from the amount of commercial capital. Whether it was intended by the act of the 53d Geo. III. sec. 57, ch. 155, that the alienation of commercial profits, by their application to the fourth head of appropriation, should be final, or otherwise, is a question which I am not competent to decide ; but if the existing charter should not be renewed, it is to be presumed that the arrangement to be made with the proprie- tors of India stock, will proceed upon the principle that * There may appear to be a contradiction in admitting a profit to this amount (<£'4,754,000) when I estimate the whole commercial pro- fit realized in the course of eight years at only ^63,630,595 ; but the former sum probably included profit realized in 1813-14, and indeed we find that the sum of ^2,304,626, is stated to have been advanced to the Territory, from the Surplus of commercial Profits, prior to the 20th April, 1815. A profit may also have been credited in 1823-24, although it does not appear to me that any was realized, after deducting the losses enumerated in a former note. 190 that they are entitled to any fund vvliich can fairly be shewn to have arisen out of their commercial dealings. It is also proper to explain^ that^ when the terri- torial and commercial accounts, were, for the first time separated in 18I3-14_, it had not been deter- mined whether the bond debt in England apper- tained to the territory, or the commerce; but as the interest of that debt has been regularly paid from the commercial funds of the Company, it is to be inferred (although no adjustment appears yet to have taken place) that the whole of that debt is now considered to be chargeable to the com- merce. In appropriating, then, the future com- mercial profits to the discharge of debt, it will be the interest of the proprietors of India stock that these bonds should be paid off in preference ; and as the Court of Directors, with the sanction of the board of commissioners, may exercise a discretion, under the 57th clause of the act already referred to, with respect to the selection of the debt to he first discharged, they will, no doubt, be attentive to the interests of the proprietors, as far as these interests can be consulted without prejudice to objects of higher consideration. Indeed, the honourable Court cannot be reproached with inattention to the commercial interests of the Company, real or supposed. On the contrary, a very narrow com- mercial spirit was known to prevail at a former pe- riod in their councils ; and it is even now more than suspected that the feelings of the merchant some- times 191 times prevail over the views of the statesman^ and that the honourable Court have not yet so com- pletely entered into their political character^ as in all cases to assume with dignity the station, and to practise with constancy the duties^ of legisla- tors and sovereigns. In estimating, as 1 have done, the future profits on the Company's trade, on the same scale as their past gains, or nearly half a million sterling per annum, it may be objected that their commerce is very much reduced, that their exports to India and China have been diminished, and that their home sales have of late fallen off in a still greater de- gree. The facts are certainly true ; but it does not follow that the inference drawn from them, is ne- cessarily correct. The exports to India and China, never, I be- lieve, produced a profit generally, or for a con- tinuance. The trade was resorted to, and perse- vered in, upon a variety of mixed considerations, partly, to supply a remittance to the East, where, until lately, we required funds for the purchase of return cargoes ; partly, to supply the Chinese and our Indian subjects with articles which they could not obtain through other channels while the ex- clusive trade was vested in the Company ; partly, to occupy tonnage, which would otherwise have been unproductive ; but chiefly to benefit the manufacturing and other interests of this country, by 192 by introducing and circulating our Fabrics and the produce of our mines throughout the wide resrions of Asia which were accessible to our enterprize. But as the Company no longer require a remit- tance to India^ and as the trade to that country has been thrown open to the British merchant^ who is not likely to be backward in supplying all the demands of the foreign market, the Com- pany have acted prudently and judiciously in cir- cumscribing their* exports ; and it is to be hoped • The consignments to India, have rarely been attended with ad- vantage. The Out-turns of those to China, from England and India, have fluctuated greatly, especially in the instance of Cotton. A profit of above 50 percent, has sometimes been realized by the Company, on this article; but on the other hand, severe losses have occasionally been sustained on it and other articles (Long Ells, &c.). The follow- ing may be taken as a specimen (although I hope an unfavourable one) of the result of the consignments to China. In 1815-16, there was a Loss on the Woollens and Metals sold, of about 16^ per cent. In 1816-17, do do lOi do. 1817-18, do do 3i do. 1818-19, there was a Profit of about 8 do. In 1815-16, the Cotton consigned from India, produced the following rates of profit, viz- That from Bombay 66i per cent. Do.. ..do.. .Bengal 39i do. Do.. ..do. ..Madras 7i do. The total supply to China, in that year, from England and India, amounting to Taels 6,813,204, was attended with a loss of Taels 310,529, or about 4^ per cent. It may be doubted, however, whether all the charges incidental to the trade (interest, insurance, &c. &c.), are very accurately computed. VJ3 they will not hereafter recur to the practice of en- gaging in a trade, promising only to be attended with loss. T find the produce of their sales of British goods in India in the last five years to have been as follows : — viz. In 1817-18 £605,706 sterling. 1818-19 7'27Mo 1819-20 623,918 182021 513,404 1821-22 677.423 With respect to China^ the case is somewhat different, because that country is not directly open to the enterprize of the British merchant ; and while the Company retain the right to the exclu- sive trade, it is certainly incumbent upon them, either to supply the China market themselves, as far as this can be done with the prospect of ad- vantage, or to allow others to supply it, to the full extent of its demand for the produce of our mines and of our manufacturing industry. It has long been matter of doubt whether the Company's trade from India has been attended with a profit ; but since the late improvements in the manufacture of British cottons, it has become apparent that one great branch of that trade must soon cease altogether. The human hand cannot contend against the power of machinery ; and al- though some of the finer fabrics of India have never been excelled, and its cotton manufactures gene- 2 c , rallj^ 194 rally are more durable than those which are pro- duced by machinery, the latter^ by their superior cheapness, must ultimately command a preference. The Company, with a laudable desire to support their distressed manufacturers, and to preserve a beautiful and valuable fabric, have struggled to uphold a declining trade ;* and the British Legis- lature ought, upon every principle of justice, to seQoiid their efforts byf lowering the duties on the importation of Indian calicoes into this country, and its dependencies, to the rates which British calicoes pay on their introduction into India ; but even with this concession in their favour, there are very few articles which could maintain a success- ful competition with our home-manufactures in any of the markets of consumption. The following statement will shew the amount of the investments purchased by the Company in India, * Whether this struggle can be justified by the principles of political econoTtiT/ J may he {airly questioned; but the wish to support theirstarv- ing manufacturers was natural and praiseworthy ; and the exertions of a respectable Director (Mr. Bebb) to save them from ruin, were cha- racteristic of that just and upright man. ■ f Since these pages have been in the press, the exorbitant duties on Indian Cotton Goods, have been reduced, and I hail this fair com- mencement of a wise and just policy; but much remains to be done to place the commerce of India upon a proper footing. The present concession i.s valuable, as a pledge that more will be done hereafter ; the immediate boon is not very great, as I fear that Indian Calicoes cannot be imported even at the reduced duty of ten per cent, ad valorem. 195 India, for consignment to this country, in the last ten years : — viz. In 1812-13 £2,0J7,092 1813 14 1,686,580 1814-15 r 1,136,525 1815-16 1,234,096 1816-17 1,162,263 1817-18 1,553,733 1818 19 1,166,946 1819-20 1,477,820 1820-21 1,534,917 1821-22 1,266,046 In some instances the purchases may be said to have been forced, there existing an urgent neces- sity at the time for the Company to obtain a remit- tance, on whatever terms, to enable them to pro- vide for the payment of bills drawn from India in discharge of the principal and interest of the terri- torial debt. Large remittances in bullion were also made at ditlerent times for the same purpose; and it is to be apprehended that they may again be necessary, in the ensuing year, to enable the Court of Directors to provide for the payment of the septennial loan of 1818, and of the bills which will have been drawn by the supreme government on the 30th of September last in satisfaction of a portion of the loan of 1811. The honourable Court very properly granted the option of a re- 2 c 2 mittance 1% mittance to the public creditors iii this country, whose notes were to be paid off; and the accommo- dation is not likely to be attended with loss to the Company at the exchange fixed for the bills (viz, 2s. the Sicca rupee). Indeed, if there be any thing- to regret, it is that more liberal terms were not granted to these creditors, who have suf- fered severely under the operation of our financial arrangements. The aggregate produce of the Company's sales in England, in the last three years, will shew a very great falling off when compared with the amount sales in the first two years of the present charter : — viz. Amount of sales in 1813-14 £8,452,828 1814-15 7,359,978 Sales in 1821 -22 5,262,348 1822-23 5,566,564 1823-24 5,260,680 The sales, however, in 1813-14 and 1814-15, were unusually large, owing probably in a great degree to the opening of the continental markets on the return of peace ; and, although they are now on a reduced scale, yet, as by far the larger portion of the amount is the produce of the China trade, which alone is supposed to have yielded a regular profit, I see no reason to apprehend that the commercial gain is less, at the present mo- ment. 19T ineiit, than it was when the importations of the Company were much more extensive. It has been supposed that the Company derive an inordinate profit from their trade in tea, and a clamour has been raised against them on the ground that the people of this country are heavily taxed to administer to the avarice of a body of insatiate monopolists. It may be useful then to examine the facts of the case, in order to ascertain how far there is a foundation for the complaint. If the British consumer pay, on an average, six shillings per pound for his tea, let it be remem- bered that a moiety of this sum (or three shil- lings) goes into the public exchequer. The government duty does not amount, it is true, to quite a moiety of the cost lo the consumer, it being levied on the wholesale prices ; but the difference is not material, and my computation of the Company's profit will, of course, be founded upon the wholesale prices. Now, with respect to this first element in the price of tea, the question to be decided is, whether the tax on that article he judicious^ or otherwise. The duty is, no doubt, very high, and excessive duties on this, or any other article of consumption, have a tendency to encourage smuggling and to produce adulteration, as well as to check con- sumption. It was on this ground that the late Mr. 198 Mr. Pitt lowered the duties on tea^ and substi- tuted a commutation tax ; but they have again been raised, and very recently too ; and we are bound, therefore, to presume that the contribution of near four millions per annum, which is levied from the consumers of tea, is required for national objects, and that it cannot be otherwise obtained by any better expedient. I do not mean to affirm that the tax on tea is the best of all possible taxes ; .but, 1 do maintain, that a tax which can be avoided, and which does not press heavily on the lower orders, is less objectionable than the tax on coals, or the tax on light and air, and other objects, the use of which cannot be dis- pensed with by any class of the people, without a deprivation of comfort, and possible injury to health. For the present, then, it must be admitted, that nearly half the price paid by the consumers of tea finds its way to the public exchequer for national purposes, and does not enter the coffers of the East India Company. The second element in the price of this article is the interest on the capital etnphi/ed ; and, we must not suppose that it is chargeable only on the amount of the annual sale, or four millions : the capital on which the charge of interest is incurred, is probably not less than ten millions, consisting, as it does, of the value of tea held in store in this country and in China, as 199 as well as the cost of the tea in transitu, and of the export cargoes, which are intended as a remittance for the purchase of the article, together with the value of the buildings, warehouses, and other apparatus required for the trade. An interest at the rate of 4 per cent, on this capital^ would amount to the sum of £400,000 ;* and, in point of fact, the commercial account is charged annually under this head, in the shape of dividends to the proprietors and interest on the bond debt, to the amount of about £7^0,000, the greater part of which is properly a charge on the tea investment. It may be alleged, that the private merchant would carry on the trade with a much smaller capital, * The Company charge the tea of 1822-23 with interest to the amount of £237,899 only ; but this is much below the charge actually incurred. I do not know the data assumed for the calculation ; but, it would be quite an error to suppose, that interest is incurred only on the amount sales of one year. I should calculate it on the follow- ing capital, viz. : — Prime cost of tea brought to said annually £2,000,000 Ditto of one year's consumption in store 2,000,000 Ditto ditto in transitu from China 2,000,000 Value of outward cargoes and remittances from India for the purchase of tea 2,000,000 Advances to merchants, cash and stock at Canton, &c. 1,000,000 Cash and stock in England 1,000,000 £10,000,000 200 capital^ since his returns would be annual, by reason of his employing- smaller ships, calculated to perform the voyage out and home within the year. This is partly true; but, under any circum- stances, the capital employed must far exceed the amount of the annual sale. A stock of tea must always be held in reserve, into whatever hands the trade might devolve ; and upon the whole capital employed, the charge of interest is neces- sarily incurred. Were no such stock maintained, not only would the public be exposed to incon- venience from a failure in the accustomed supply, but the prices would be liable to sudden and violent fluctuations ; and the consumer would often have to pay, in the advance of price, much more than he would save in consequence of a smaller amount of interest entering into the original cost of the article. Warehouses, too, and all the other appurtenances of trade, would be required, whether the commerce were carried on by the Company, or by private individuals. The third element in the price of tea is the charge o( freight and demurrage, which, on the quantity annually consumed in England, may be stated at £450,000, at the rate at present paid by the Company for their China tonnage. In this estimate it is assumed, that the return cargo is properly chargeable with the whole freight, since the exports from hence, as well as the ex- ports 201 ports of cotton, sandal wood, and other arti- cles from the Presidencies of India^ are under- stood to produce no more than a saving re- mittance.* It may here, also, he objected, that the private merchant, by employing a different class of ships, would be able to procure tonnage on much cheaper terms. f This is unquestionably true ; but a preference has been given to the ships at present employed, on the ground that they are peculiarly well adapted to the trade. They are certainly equipped and appointed in the com- pletest manner : they are navigated by experi- enced officers ; are capable of defence in time of war ; and, although they perform only one voyage in two years, which necessarily renders the freight more expensive, it is to be presumed that they would not command a preference, if those in whom the decision of the question has been vest- ed, were not satisfied that there are circumstances in their favour, sufficient to outweigh the ob- jections, * See a former note on the subject. f The freight paid by the Company last year, for their China cargoes, averaged £21 : lis. Id. per ton. Smaller ships which should perform the voyage within the year, could afford to sail at £12 per ton, out and home ; but the port charges at Canton are somewhat higher, I believe, in proportion, on smaller ships. The rate of in- surance, or value of the risk, might also be somewhat higher ; but the difference would not be material in either of these items. 2d 202 jections, originating in the higher charge of freight. Another item connected with the foregoing, is the charge for insurance, or the value of the risk (the Company being their own insurers) ; but this is of small account, for in the instance of such superior ships as the larger class of Indiamen, sailing as they do from China almost invariably at the favourable season, and bearing a light buoyant cargo, the sea risk on the homeward voyage is very inconsiderable. It does not probably exceed 2j per cent., or about £50,000^ on the value of the tea annually imported ; and I find it stated accordingly in the Company's accounts of IS22-23 at £59,528, say £60,000. The commercial disbursements of the Company at Canton amount to about £50,000 per annum, and the charges of merchandize in this country to £412,000. The whole of the former, and a large portion of the latter, must be placed to the account of the tea investment, the only part of the trade which can bear the charge ; and I should be disposed to state the aggregate at not less than £325,000, or about 9 per cent, on the annual sales. It is stated at only £307,006,* in • Charges in China «^ 50,649 Do. in England 176,841 Commission and allowances to supra'^argoes, &c 79,516 je.307,006 the the printed accounts of 1822-23; but this sum appears to me to be below the proportion pro- perly chargeable to the tea investment. It may be urged that, if the trade were in private hands, it would be managed in a more economical way; but, the private merchant would have occasion to employ an agent in China, to whom he must pay a Commission* on his sales and purchases ; and, if the commerce were distri- buted among fifty or an hundred merchants, as it probably would be, on the trade being opened, the aggregate of their separate establishments (count- ing-houses, clerks, &c. &c.} would not probably fall short of the expense at present incurred by the Company. Into the retail price paid by the consumer, another ingredient necessarily enters, namely : the profit of the broker, wholesale merchant, and retail trader, and all the expenses incurred by these parties, respectively, in supplying the con- sumption from the time that the tea leaves the Company's warehouse. But, without attempting to estimate this item, I shall proceed to recapitu- late * A commission of 2 per cent is divided among the Company's supra-cargoes and servants at Canton ; and, the usual rate of com- mission, on purchases and sales in India and China, is, I believe, 2^ per cent. There would, consequently, be no saving in this item by the private merchant J nor does it appear to me probable, that his charges of merchandize, in the aggregate, would fall short of the amount incurred by the Company. *2'd2 204 late the elements which compose the wholesale price of the article ; 1st Government duty of 100 per cent... £3,725^000 2d Prime cost oftlie tea in China 1,925,000 3d Interest on capital employed at 4 per cent per annum ^ 400,000 4th Freight and demurrage 450,000 5th Insurance *60,000 6th Charges of merchandize in China and England 325,000 Government duty^ and cost and charges £6,885,000 Gross amount sales on an average of eleven years, including duty 7?450,00O Estimated profit annually £565,000 equal to about 15 per cent, on the amount sales, exclusive of duty, or to about 5| per cent, on the capital employed, after defraying' the charge of interest. This rate of profit would not be con- sidered very exorbitant^ or unreasonable, if it were, drawn by the private merchant as the re- muneration of his personal labour ; and, it is, as nearly as I can estimate it, the sum total of the contribution f I ought, perhaps, to charge insurance also on the outward cargo, since it in reality constitutes the purchase money of the tea investment. I have adopted this principle in charging the tea with the whole freight of the tonnage which it occupies ; but the outward cargo ought, one year with another, to furnish a saving remittance after defraying charges, freight excepted. 205 contribution levied by the East India Company on the British consumer of tea. The annual profit on the tea investment, de- duced as above-mentioned, amounts to £565,000 ; and^ as this sum exceeds the average profit which 1 have supposed to be realized on the ichole trade (£450^000 per annum)^ it follows, either that the annual gain has been under-estimated by me, or that a part of the profit on the tea trade is absorbed in losses sustained on other branches of the Company's commerce. The latter sup- position I take to be the more probable of the two. Nbw^ it may be urged that the rate of profit drawn by the Company, or about 5^ per cent., exceeds the average profits of trade at the pre- sent period in this country ; and that their mo- nopoly consequently operates as a tax upon the consumer, to the extent at least of the excess. This may, or may not, be true ; but, admitting the fact, in what manner are the profits of the Company appropriated ? are they applied to in- crease the fortunes of individuals ? to gratify the avarice of the proprietors of India stock ? Cer- tainly not. Those proprietors are restrained by law from dividing more than 10|^ per cent, on the nominal amount of their stock, or about 3^ per cent, on the real value of the capital. The surplus commercial profits of the Company, have been appropriated to the discharge of a portion of the 206 the territorial debt ; which, sooner or later, must become a national concern. The territory is pledged for that debt ; and^ although the secupty is ample^ the incumbrance would have been much greater^ if the debt had not been reduced, or kept within bounds, by the application of the commercial profits to its liquidation. That ele- ment, therefore, in the price of tea, which is composed of the Company's profit^ may be regarded very much in the same light as the government duty of 100 per cent, the tax being levied for public * purposes. If the people of Great Britain are desirous of drinking their tea on the same terms as the people of America, it is undoubtedly in their option to have it at 3s, or 2s. 6d. per pounds instead of 6s. or 5s. 6d. per pound, after the verj/ next session of Parliament. They have im- posed upon themselves the duty of 100 per cent., and it rests with them to take it off, whenever they please ; but^ before they resort to such a measure, it will certaiidy be proper for them to consider whether any better alternative presents itself; and whether, in repealing or reducing one tax, they might not find it necessary to have recourse <* • Unless, indeed, the whole of the profits so appropriated, should hereafter be refunded to the proprietors of India Stock, who have certainly a claim upon this fund. 207 recourse to a substitute of a still more objection- able character. I am, at the same time, far from meaning to contend that the East India Company are not bound to attend to the interests, and to consult the convenience and comfort of the British con- sumer. Their monopoly was granted with a view to great national objects ; and, in order to render the prices of their teas more moderate, they ought, I think, by degrees to increase their annual sales, and to endeavour to draw the same profits, or even a reduced profit (if the present rate be unreasonably high), upon a more extend- ed consumption of the article. I have observed with regret, that the annual purchases in China, as well as the sales in this country, have been nearly stationary'^ of late years ; but, from the increase which appears to have taken place in the sales of the last year, it is intended, 1 hope, gradually lbs. sterling. ♦ Purchases of tea in China in 1819-20 28,476,231 £1,877,402 Ditto ditto 1820-21 28,545,960 1,896,476 Ditto ditto 1821-22 25,746,439 1,852,715 Ditto ditto 1822-23 27.478,813 1,924,738 Sales in England, lbs. 1820 about 26,100,000 1821 . .. 27,600,000 1822 . .. 27,800,000 1823 . .. 27,700,000 1824 . .. 28,300,000 208 gradually to extend them. Tea is not an article, like opium, where it is desirable to levy the largest revenue upon the smallest quantity. The consumption of the latter it may be proper to check, as injurious to health and morals. The consumption of tea^ on the contrary, ought per- haps to be encouraged, as being conducive to comfort, and as tending to exclude the use of a less harmless beverage. The Court of Directors have lately adopted a judicious arrangement for supplying our Ameri- can colonies with tea, by a direct importation from China; and it is only surprising, that a measure so well calculated to accommodate the colonial consumer, to encourage our own ship- ping, and to put an end to a contraband trade from the United States, should not have been resorted to at an earlier period. 1 have now given a hasty, and, I fear, an im- perfect sketch of the commercial affairs of the East-India Company, and it is, I am aware, much too concise to satisfy those who are accustomed to look minutely into a subject. He, however, who undertakes to treat of Indian topics, and to draw attention to the state of our remote posses- sions in the East,* sees presented to him the horns of * The affairs of India seem to attract more attention at present on the continent than they do in this country, deeply as we are interest- ed in them. M. de Sismondi has followed closely on the footsteps of 209 of a dilemma : it he enter much into detail, he commands few readers ; if he condense his mat- ter, there is reason to apprehend that he will not satisfy the understanding of those to whom he ad- dresses himselr. With this difficulty before me, I have confined myself to such a statement as ap- peared to me likely to convey some general and useful information, without being absolutely repuK sive by the extent and complicacy of the details. 1 shall now proceed to combine the territorial with the commercial accounts, and to place in one view the general results at which we have arrived. It has been shewn that, during a season of peace, a surplus territorial revenue is likely to be realized in India to the extent of two millions sterling per annum, after defraying all local charges, and providing for the interest of the ter- ritorial debt. 2dly. That this surplus is liable to an annual deduction, to the amount of one million and a half, on account of territorial and political disburse- ments M. Say, vide " La Revue Encyclopedique" for December, pages 635 ad 656. These writers do not appear to have drawn their informa- tion always from the latest or most authentic sources ; but we should not disregard the remarks of intelligent spectators, who sometimes see the game better than the players. I cannot admit either M. de Sis- mondi's premises or deductions on several important points j but as the questions which he notices are much too weighty to be disposed of in a summary way, I shall not undertake to discuss them in this place. 2 K 210 ments made in this couiitry, leaving' a net surplus revenue, derivable from our Eastern possessions, of five hundred thousand pounds per annum. 3dly. That the debt of India, bearing interest, amoimted, on the 30th of April 1823, to the sum of ^31,623,780 sterling, entailing an annual charge of £1,896,524; and the net territorial debt^ abroad and at home, after deducting assets, to the sum of ^16,386,953. 4thly. That the commercial assets, and credits abroad and at home, after deducting the bond debt and other commercial debts, amounted, in 1823, 24, to the sum of *£14,424,500, constituting a fund, properly belonging to the proprietors of India stock for the replacement of their capital. f 5thly. That a profit is drawn from the Com- pany's trade, after providing for the dividends to the proprietors and the interest of the bond debt, and after defraying all the expenses of their esta- blishment, abroad and at home, to the estimated amount of £450,000 per annum. 6thly. That the net income of the Company, terri- * Or above nineteen millions, if the accounts between the com* merce and the territory be adjusted upon the basis that the former can reclaim the amount of commercial profits, which has been applied to the liquidation of territorial debt. — See Appendix B. f This capital is stated in the Company's accounts at ^67,780,000, which I presume to be the sum actually received into the treasury from the proprietors. It may now be considered worth between ifl7,000,000 and jg 18,000,000. 211 territorial and commercial^ during' a period of peace^ may accordingly be assumed at about one million sterling per annum, which is applicable to the gradual liquidation of debt, or to the augmen- tation of their commercial capital. 7thiy. That since the commencement of the present charter, an improvement has taken place in the financial situation of the Company, terri- toricd and commercial, abroad and at home, to the extent of near three millions sterling,* notwith- standing our having been engaged intermediately in 5«everal expensive wars. This exposition of the Company's finances must certainly be regarded as highly favourable and Satisfactory, and nothing but the intervention of an unfortunate war, which the authorities in this country could neither foresee nor prevent, was likely to have checked the prosperous course of their affairs. The proprietors of India stock will perceive from this summary that they possess security for their capital, if the charter of the Company should be withdrawn. In that case, they would either ♦ Vide Appendix B. Net Deficiency in 1814-15 ... £2,611,311 Net Surplus in 1823-24 187,807 Amelioration ^2,799,118 2 E 2 ^ 212 either be entitled to a division of the com- niereial assets; or their present dividends must be continued to them as perpetual annuities, should the government think proper to dispose otherwise of those assets. In common justice, their claims to be reco^^nized, in one or other character, either as the proprietors of the commer- cial capital^ or as fixed annuitants, cannot well be disputed ; and while there are funds upon which they have so just a claim, no plea could be urged for placing them in a worse condition than that of other corporate bodies, who^ after the expiration of the term for which they have been associated, are allowed to divide their profits and their capital. Even if the sum which has been taken from the " surplus commercial profits'* (£4,754,900), for the liquidation of the political debt, should not be restored, and the commerce should be charged with the home bond debt (£3,937,000), the com- mercial capital at the expiration of the charter in 18^, may still be expected to amount, at the computed rate of profit, to a sum sutficient to indemnify the proprietors of East India stock for their capital at its present valuation. The creditors abroad have the security of a territory, yielding a revenue of twenty-two mil- lions sterling per annum, and a net surplus of half a million ; and whenever the administration of that territory shall be assumed by the Crown, it is to 213 I to be presumed that their interests and the secu- rity of their property, will be effectually provided for. Whether the existing system for the administra- tion of the territory and for regulating the trade, be the best which can be devised, and be essen- tially calculated to produce the greatest attainable good, both to India and to the mother country, is a question which will come before the British public at no distant period. It is one of incalcu- lable importance, both as it affects the interests of Great Britain and the well-being of the vast po- pulation which has been subjected to her domi- nion ; and whenever the proper season shall arrive, it will, 1 trust, be examined with un- prejudiced feelings, and be disposed of, after ma- ture consideration, upon those sound and just views of policy, which ought to decide all ques- tions of great national concern. I have contined myself as much as possible to the professional sub- ject which 1 undertook to discuss, and I am un- willing to pass the bounds which I have prescribed to myself; but without intending to encroach upon the province of the statesman, it is natural to ask, loith views merely financial, how has a re- venue of twenty-two millions per annum been ac- quired by us ? Under what wise and salutary in- stitutions has it been preserved ? And what as- surance 214 sLiiaiice have we of its future prosperity and per- manency ? The government abroad has^ in general, been ably and successfully administered,* and the great body of our native subjects enjoy a degree of pro- tection and security in their persons and property, unknown to the subjects of the Hindoo and Ma- homedan states around us. The constitution of that government is, I think, well suited to the pe- culiar circumstances of our situation, the charac- ter of our dominion, and the disposition and habits of the people with whom we are associated, either in our domestic or external relations. This go- vernment is not a pure despotism, as has been al- leged . It is a government of laio aiul responsibilifi/, acting under numerous and sahitary checks. The administrators of that government exercise a de- legated power; they are accountable agents, who are * I ain not called upon to offer an opinion on the justice and neces- sity of our different wars, nor on the character of our proceedings to- wards our dependent allies, the most questionable branch of our ad- ministration in India. The philosopher, meditating on these events at a distance from the scene of action, may, no doubt, find much to con. demn and to lament; but after the recent exposure of the condi- tion of the Hyderabad territory, it cannot be doubted that the public authorities will see the necessity of rescuing the national character from reproach by placing our connection with the dependent states on a less objectionable footing. 215 are amenable to the courts of law in England, io the authority of the Court of Directors, the Court of Proprietors, the Commissioners for Indian Af- fairs, the two Houses of Parliament, the Crown, and the British Public. To render this control efficient, they are required to record their most mi- nute transactions, and they do record, regularly and faithfully, every public act, with a scrupulous exactness, unprecedented in any other country. They are also required, in their legislative capa- city, to record, upon the face of every law, the special reasons for the enactment ; and if these laws are neglected and thrown upon the shelf on their arrival in England, the defect lies in the practice and not in the theory. Moreover, the government, for all official acts, and the public officers, in their individual capa- city, are subject to the jurisdiction of the King's courts, established at the three presidencies, as well as to the jurisdiction of the courts of Adawlut, established throughout our provinces, and acting under the authority of written laws, recognised and sanctioned by the British legislature. The government of India has, it is true, been entrusted with vast powers ; and they are neces- sary, I think, for the preservation of our dominion ; but these powers are exercised by agents, who are removeable at pleasure ; and if they be grossly abused, and the abuse be not visited with the penaltieiTj 216 penalties justly incurred ; if at any time acts of violence and injustice obtain unmerited impunity, it is not that responsibility does not attach^ but that it has not been duly enforced. The selection of the supreme Governors of In- dia^ for more than half a century, has been either very judicious^ or very fortunate ; and there has been this remarkable felicity attending it, that the individuals seem to have been peculiarly suited to the particular times and circumstances in which they happen to have been placed. They could not, perhaps, in any one instance, have changed places with advantage. The genius and enter- prize of Lord Clive achieved the conquest of an empire. The fertile resources of Mr. Hastings' mind enabled him to preserve that empire under circumstances of extraordinary difficulty. Lord Cornwallis, eminent alike as a statesman and sol- dier^ took charge of the government at a time when the elements of our power were beginning to as- sume consistency, but required to be moulded into form by a powerful hand ; and the natural rectitude and energy of his character disposed him to introduce wholesome reforms, and to establish a regular system of internal administration, founded upon principles of justice, and the viev\s of a be- nevolent policy. Lord Teignmouth, possessing great knowledge and experience, followed in the footsteps of his illustrious predecessor ; and with scrupulous 217 scrupulous good faith^ gave eftbct to plans which, as a member of Lord Cornwallis' governiiieiit^ he had felt it his duty to oppose.* The great talents of Lord Wellesley w«re called into action at a momentous crisis. France, after overpowering the continent of Europe by a great convulsive movement, directed her ambitious views to the East, and there found powerful allies in the Ma- homedan state of Mysore, and in the French commanders, who, at the head of large bodies of organized troops in the seivice of the Nizam and of Dowlut Rao Scindiah, were prepared to dis- pute with us our ascendancy in India. The mo- ther-country was engaged in a struggle for exis- tence, and we were left to our own resources and exertions. Egypt was already occupied by the French, as the first step in their adventurous ca- reer; but the talents of Lord Wellesley were equal to the emergency, and surmounted it ; and the novel spectacle was exhibited in tliis administra- tion of an Indian army co-operating with British troops on the banks of the Nile. When, after sus- taining successive conflicts, our strength was im- paired, and repose became necessary to recruit our exhausted resources, the wisdom and prudence and * I allude merely to the question of the " Permanent Settlement." The general maxims of Lord Teignmouth's government corresponded, I believe, with those which Lord Cornwallis had acted upon. 218 and pacific policy of Sir George Barlow and the Earl of MintOj restored the state to all its pristine vigour; while the conquest of Java and the French islands sufficiently attests, that^ on proper occa- sionSj Lord Minto could display all the decision and enterprize which usually give assurance of a superior mind : and, finally, the military and po- litical administration of the Marquess of Hastings, full of energy and spirit, added new lustre to the reputation of our arms, and gave a wider range to British supremacy in the East. But I may be told, that our success and the merits of our rule are to be referred to the personal qualities of the rulers, rather than to the inherent merits of our institutions. This must, in part, be admitted ; and in what country does it not happen that the well-being of the governed is to be re- ferred mainly to the qualities of the governors ? It is true that there is this peculiarity in our situa- tion in India : the rulers being foreigners, and as such not identified with the people, they cannot be displaced by the people, without the overthrow of the sovereignty itself; whereas in countries in which the governors and the governed have one common origin, the rulers may be removed with- out destroying the constitution or system of go- vernment. I fully admit that much depends upon the per- sonal qualities of those who are selected to admi- nister 219 nister our affairs in India. The government can never become a safe sinecure: it is a fatal mistake to suppose that our work in that country has been consummated, or ever can be consummated : it requires scarcely less talent to preserve than was necessary to create. Although our dominion has been extended to the utmost verge which could have been desired^ although our power has been consolidated, and our name is respected and feared, we can never with safety relax in vigilant circum- spection, or entrust our aiikirs to feeble hands. The transitory days of peace ought to be wel- comed when they do arrive; but they ought never to be regarded as a season exempt from difficulty and danger. It cannot be concealed, and it ought not to be concealed, that the position in which the native states* of India are placed^, is not a natural one^ nor one of their own choice, which they submit to willingly. They are under a certain pressure, enforced by superior power. He who has * The same may be said of some of our own once-powerful subjects and dependents. For instance, the Rajahs of Hatras, Moorsan, Pritch- etghur, Lundoura, &c., once feudatory chieftains, have been compressed into the condition of simple landholders. In fact, although I have thought it right to point out that we never can depend upon the con- tinuance of peace (for even the resuscitation of the Pindarries would not greatly surprise me), I do not consider our external enemies as the chief source of danger to our power. Our greatest danger^ in my opinion, will always be from within, 2 F 2 220 has seen (the illustration is homely, I own) a bale of cotton compresserl into one-fourth of its natural dimensions;, may form a notion of the sort of force which restrains them in their present situations. The mass seems inert ; but there is an elastic force within^, which is ready to expand : relax the cords, and it immediately manifests itself. And the philanthropist may say^, cut the cords^ and let them be free and happy. But this is an operation which involves many serious contin- gencies ; not merely the subversion of our own em- pirC;, but the introduction of absolute anarchy and misrule throughout a large portion of Asia. Who that has read in the pages of Sir John Malcolm the teeming record of massacres and pillage, would wish to see the population of the desolated region which he describes, committed once more to a Mahratta * plunderer, or an Affghan adven- turer ? Who could see, without deep regret^ the flourishing provinces of Bengal converted into a waste, the scene of bloodshed and disorder, of religious contention, unbridled violence, and law- less oppression ? No ; the people of India are not prepared for self government ; they are not sufficiently advanced in knowledge ; they do not properly * The administration of Ahilya Bhye throws a gleam of sunshine over Marhatta history, and Sir John has succeeded in giving a dramatic interest to the character of this princess j but the other side of the picture is only darkened by the contrast : it is an Oasis in the desert. 2^1 properly appreciate the advantages of political morality ; and they are unacquainted with those great principles and maxims of political wisdom^ upon which all government ought to be founded. Whatever may be our disqualifications as fo- reignerSj we govern them better than they could govern themselves ; and our dominion^ if it avert no other evil than the sanguinary struggle which is likely to take place whenever our au- thority may be withdrawn, must be regarded as eminently calculated to promote the great interests of humanity. Of the administration at home, 1 have observed, that it may claim the rare merit of having made a judicious selection of functionaries to conduct the public affairs abroad. This is doing much for India ; since, in point of fact, the great busi- ness of government must be carried on abroad. Measures relating to its internal administration can seldom be originated here with advantage : but still the system of administration at home is very far from being matter of indifference. Where the powers committed to the local authori- ties are so extensive, and the discretion so ample, the means of controlling those authorities should be proportionally strong and efficient.* If they are commissioned * The honourable Court of Directors well observe, " It is a self- " evident proposition that in proportion to the extent of power 222 commissioned to make laws upon which the welfare of millions may depend, we should see that those laws are founded on principles of justice, and are not inconsistent with those important truths, which the reason and experience of an enlightened age have established. And may we fairly assume, that this great duty has been adequately provided for ? Are our in- stitutions at home well adapted to the ends which they are intendeil to accomplish ? Those who have seen the workings of the machinery, and who are most friendly to the existing order of things^ will scarcely venture to pronounce that it is perfect. The two administrative bodies are con- flicting and not cowrwrrmg authorities ; and their collision is calculated to produce delay, incon- gruities, and sometimes an absolute suspension of the functions of government. The process by which a decision on any important question is arrived at, is so slow and embarrassed, that the proper season of action may pass away before a resolution can be carried into effect. He who introduces a measure, is often obliged to leave it to be executed by another ; and, perhaps, by the very individual by whom it had been opposed. He ** vested in any individual, ought to be the strictness of responsibility " for its due exercise and the checks upon its abuse."— See Letter to Bengal, in Hyderabad Papers, page 390. 223 He who is indolent, timid, or wavering, allows the machine to remain at rest, to be propelled by a more adventurous successor. The mode of distributing the business among the public func- tionaries may also admit of question, since it has no reference to their respective qualifications and previous habits ; but, on the other hand, it is contended that the experience which is obtained in the course of passing through the different committees, has been found of great advantage to those who are ultimately called upon to execute the high office of chairman. To this consideration 1 am disposed to allow every degree of weight ; and 1 am seldom inclined to oppose mere speculative opinions to the safer deductions which experience supplies : yet, admitting all which is contended for, I still think that pro- fessional knowledge and peculiar attainments might be brought to bear with better effect upon the public service, under a modification of the existing arrangement. But the great defect in the system is the total absence of all responsibility . By responsibility, I do not mean merely the liability to penalties imposed by the law : high public functionaries can seldom be brought to punishment; but, if the individual be identified with his acts, an opera- tive principle is supplied in the honest love of fame, and in the dread of public odium. Public censure, 224 censure, justly incurred, is one of the severest punrshnients to which a nriind, not hardened and callous^ can well be exposed. The government of India, holding only a delegated trust, can be rendered strictly account- able to the superintending authorities at home, to the law, and to parliament 5 and all its acts can be distinctly referred to the individuals by whom they have been committed : but the administra- tive authorities at home are so constituted, that responsibility, the best check and restraint upon the exercise of power, is rio where found to attach to any beneficial purpose. When divided among numbers, responsibility is necessarily reduced to a fraction of small value ; but the practice of deciding public (|uestions by the ballot is calcu- lated^ to do away even the semblance of it. I am aware that the Directors are at liberty to record, within fourteen days, their dissent from any decision of a majority : but, although this privilege is calculated to answer a useful purpose, and would, if more frequently exercised, point to the authors of particular measures, by shewing who have not been parties to them ; yet it is rather intended to exonerate from responsibility than to fix it upon individuals : besides, the Court of Directors, in merely originating measures, cannot justly be held responsible for them, if those measures be altered and perhaps reversed by a higher 22rj higher authority — and that higher authority can- not justly be made responsible for the general conduct of affairs, to which it cannot give the first momentum, and over which it exerts only a repressive control. The good sense and good feeling of the two authorities, acting under a strong sense of public duty, and interchanging their respective opinions in the liberal spirit which is habitual to men of high intellectual endowment, may prevent colHsion, and may produce measures distinguished for their wisdom and propriety ; but this, when it happens, is a contingent good, result- ing from individual character, and we can have no assurance of its continuance, when the powers of government are exercised by irresponsible agents, or when they are liable to be paralised or enfeebled by the contentions of those agents. If these defects were not susceptible of a re- medy, it would be worse than useless to notice them, and they have not been noticed in the spirit of crimination ; but, every well-wisher of the Company (without adverting to concerns of higher interest) must be desirous of seeing its administration so far improved as to be free from all just reproach, and to become the object of public esteem. To correct defects is the obvious way to disarm adversaries, and to justify the support of friends. Whatever may be the imperfections of the 2 G system. 226 s^ysteni, it cannot justly be arraigned on the ground that it has led to an improvident ad- ministration of the finances, the question which more immediately concerns us at present. They have, in general, been managed both abroad and at home, with integrity, intelligence, and zeal. Instances of profuse and even wasteful expen- diture might be pointed out ; but they are not numerous^ and the instances of embezzlement and corruption, which have come to light, have not been more frequent ; and, far from being screened, on discovery, by the public authorities abroad or at home, the individuals have been vi- sited with merited punishment, and have met with no countenance or support from a service which highly estimates the value of its public character. Nor can it be alleged that public services have been rewarded with too munificent a hand : on the contrary, the Court of Directors have been re- proached for unseasonable parsimony ; and, they have not, perhaps, always recollected that, as they have no civil honors to bestow, pecuniary rewards and just commendation can alone mark their sense of public merit.* The liberal remuneration of eminent » Let it be recollected that, while the Crown has with great pro- priety, justice, and policy established a graduated scale of honors to be conferred as the reward of military service, the civil officers of the Company, however eminent their merits and services, cannot look forward go' eminent services is quite consistent with the prac tice of a just economy^ and may be vindicated upon public principles ; but, the Court of Di- rectors are the trustees of the public purse, and in closing it against importunate claims they can have no private feeling to gratify. To conclude: When we reflect that an empire, acquired by valour and skill, and preserved by wisdom and prudence, has been governed in the spirit of moderation and justice; that the countries over which our sway extends, enjoy a state of tranquillity and prosperity unknown in the neigh- bouring territory ; and that a revenue has been created in this remote dependency, exceeding the income of some of the most powerful states of Europe^ we must acknowledge that the system of administration, whatever may be its theoretical defects, must have its redeeming virtues, and must have been regulated and superintended by men of no ordinary capacity and merit. And whatever may be the fate of the East-India Com- pany, at whatever period that body shall cease to exist, forward to any public distinction. This is, I think, a deficiency. Fortune, no doubt, gives consideration in this country ; but, wealth is not the paramount good with some men, and the civil servants of the Company can seldom realize large fortunes by honourable means* In no country are the minds of men more exercised, and in no country can a government have stronger motives for exciting its servants to honorable exertion. 2 G 2 228 exists it may challenge comparison with any co- lonial administration^ of which we have record in any age or country ; while the pages of its history, fertile in instances of political wisdom and military skill, of gallant enterprize and splendid success, will perpetuate the memory of a brilliant and eventful career, not surpassed by the proudest achievements of Gallic ambition, or the noblest triumphs of Roman heroism. I will not say of this Company, *' Esto perpetua ;'' but ''"sen plu- '* rimas tribuit Jupiter Hyemes, sive banc ulti- " mam/' a heavy responsibility will rest with those who subvert it without clear and satisfac- tory grounds for presuming that a more perfect system of administration will be substituted in its place; that the well-poised constitution of this country will not be affected by the change; and that the people of India, albeit possessing no re- presentatives in the British Parliament, will in their future rulers find protectors and friends, ac- quainted with their situation and wants, indulgent to their feelings and prejudices, determined to maintain their rights and interests, and solicitous to promote their prosperity and happiness. Appendix APPENDIX. APPENDIX A. Statement of the Territorial Debt of India, bearing Interesty for a period of Thirty Years ; or from the 30tli April 1793 to the 30th April 1822, with the Annual Interest thereon. Principal. Sicca Rupees. On the 30th April 1793 5,33,68,683 Ditto 1794 4,77.69,240 Ditto 1795 4,77,60,064 Ditto 1796 5,03,25,644 Ditto 1797 5,71,29,008 Ditto 1798 7.57,04,769 Ditto 1799 8,49,74,559 Ditto 1800 10,11,24,828 Ditto 1801 12,39,42,360 Ditto 1802 13,63,51,420 Ditto 1803 14,45,73,061 Ditto 1804 16,18,54,265! Ditto 1805 19,09,71,445J Ditto 1806 21,72,71,2521 Ditto 1807 23,15,30,1251 Ditto 1808 24,48,92,828j Ditto 1809. .... .24,33,30,220 Ditto 1810 23,82,36,344 Ditto 1811 21,41,19,640 Ditto 1812 22,11,82,349 Ditto.... 1813 22,68,48,000 Interest. Sicca Rupees. 45,58,798 35,69,555 38,66,964 33,85,686 35,79,716 48,96,510 62,73,496 76,66,946 90,93,323 1,19,02,293 1,18,81,854 1,24,55,045 1,39,98,771 1,67,26,998 1,97,13,929 1,95,21,929 1,96,45,058 1,89,04,303 1,93,06,167 1,26,12,248 1,37,80,000 2^0 Principal. Sicca Rupees. On the 30th April 1814... *21,39,92,502 Ditto 1815... 123,86,30,000 Ditto 1816 24,20,00,000 Ditto 1817 24,84,60,000 Ditto 1818 25,36,00,000 Ditto 1819 26,78,00,000 Ditto 1820... 129,14,10,000 Ditto 1821 27,92,31,000 Ditto 1822... §27,27,86,000 Interest. Sicca Rupees. 1,27,93,896 1,43,25,000 1,45,24,000 1,49,13,000 1,52,63,000 1,60,91,600 1,48,50,000 1,70,68,261 1,65,45,000 The results of the first twenty years, or from 1793 to 1812, are taken from statements prepared by the Ac- countant-General of Bengal in March 1813, and sub- mitted to the Court of Directors, through the Supreme Government, in a despatch bearing date the 27th of that month. The results of the first twenty years of my account of the surplus and deficit of India for thirty years, are also taken from statements prepared by the same officer ; and as these documents were formed with the utmost care and attention, I have followed them in preference even to the English accounts, which are, no doubt, of high authority. The amount of the debt, bearing interest, cannot always be taken as decisive evidence of our financial situation ; because we have also a debt, not hearing • [ find it elsewhere stated at Sicca Rupees 21,16,90,520 ; and the statement printed for parliament shews it to be £26,959,454. f This sum includes the loan from the Vizier, Rupees 1,03,82,093. X This includes also the sum received from the estate of the Bhow Begum, Sicca Rupees 55,98,436- § The debt of 1822 appears, from the printed statement, to have been £31,623,779. 231 interest, and because the proportion which the assets bear to the debt varies very considerably at different periods. Still the debt, bearing interest^ is what should be kept always in sight, since it determines the annual charge, and it ought not to increase if there be a sur- plus of assets which can be applied to its liquidation. APPENDIX B. Statement of the Territorial and Commercial Debt and Assets of the East-India Company, Abroad and at Home : remVoWtt/.— 1814 and 1815. l)ebt in India, bearing interest, on the 30th April 1814 £26,802,045 Do. not bearing interest do 3,923,948 Total, Debt in India ^^30,725,993 Debt in England due from Territory, on the 30th April 1815 5,001,531 Total, Territorial Debt ^35,727,524 Deduct :— Territorial Assets 17,300,619 Territorial Deficit £18,426,905 CommerciaL Assets, abroad and at home, at the two periods respectively £22,787,034 Debt do. do 2,484,2/0 Commercial Surplus £20,302,764 Carried forward £20,302,764 232 Brought forward £20,302,764 Deduct, Home Bond Debt, principal and interest, on the 30th April 1815 (it not hav- ing been determined whether it constituted, wholly, or in part, a Territorial or Com- mercial Debt) 4,487,170 Net Commercial Surplus 15,815,594 Net Deficit £2,611,311 Exclusive of the Capital Stock stated at £7,780,000 N.B. In the Territorial Assets above, the sum of £400,000 is included, in part of the "Deadstock," amounting to £12,210,896. And in the Commercial Assets, the sum of £1,143,000 is included as the vahie of the India- House, and other Commercial " Dead Stock." Statement of Territorial Debt and Assets in India. Territorial, — 1815. Debt in India, bearing interest on the 30th April 1815 £27,831,877 Do. not bearing interest do , 4,689,695 Total, Debt in India.., £32,521,572 Deduct, Assets in India on the 30th April 1815 16,401,357 Territorial Deficit in India, in 1815... £16,120,215 exclusive of Territorial Debt in Enghmd. IWriforiiiL 233 Territorial.' — 1816. Debt in India^ bearing interest 30th April 1816 £28,067,964 Do. not bearing interest do 5,071,7^"^ Total, Debt in India £33,139,, Deduct, Assets in India 30th April 1816 16,941,813 Deficit in India in 1816 £16,197,885 Territorial — 1817. Debt in India, bearing interest 30th April 1817 , £28,821,457 Do. not bearing interest do 4,866,540 Total, Debt in India £33,687,997 Deduct, Assets . 17,834,755 Deficit in 1817 £15,853,242 TerritoriaL—lSlS^ Debt, bearing interest 30th April 1818 £29,417,578 Do. not bearing interest do 5,241,703 Total, Debt £34,659,281 Deduct, Assets 17,491,987 Deficit hi 1818 £17,167,294 TerritoriaL'-lSld. Debt, bearing interest 30th April 1819...... £31,065,547 Do. not bearing interest do 6,286,723 Total, Debt £37,352,270 Deduct, Assets CO 18,492,312 Deficit in 1819 £18,859,958 2 H TerritoriaL 234 Territorial.'— \S20, Debt, bearing interest, 30th April 1820... £33,801,961 Do. not bearing interest do 6,909,374 Total, Debt 40,711,335 Deduct, Assets 19,506,302 Deficit in 1820 £21,205,033 Territoriah — 1 821 . Debt, bearing interest, 30th April 1821 ...£33,427,106 Do. not bearing interest do 73436,344 Total, Debt £40,863,450 Deduct, Assets 22,429,312 Deficit in 1821 £18,434,138 TernVom/.— 1822. Debt in India, bearing interest, 30th April 1822 £31,623,779 Do. not bearing interest do 6,967,878 Total, Debt £38,391,657 Deduct, Assets 22,204,704 Deficit in 1822 £16,386,953 Statement of Indian Debt and Assets in 1823, and Home Debt and Assets in 1824, taken from MS. Ac- counts. Territorial— \S2^ and 1824. Debt in India, bearing interest,, 30th April 1823 r £29,283,345 Carried forward £29,283,345 235 Brought forward £29,283,345 Add Bill? returned to be reinvested in Loan 245,653 Debt not bearing interest 30th April 1823 9,796,339 ^\yr. ' *^M Total Debt in India, ditto £39,325,337 Territorial Debt in England, 30th April 1824, =^7,033,971 Total, Territorial Debt,Abroad and atHonie, £46,359,308 Deduct, Assets in India £27,911,946 Ditto, at Home 1,760,669 29,672,615 Territorial Deficit £1 6,686,693 Commercial, Assets, Abroad, 30thApril 1823 £1,938,541 Ditto at Home, ditto ... 1824 22,7415,469 Total assets... £24,685,010 Deduct, Commercial Debt in India, 1823 £537,487 Ditto, at Home, 1824 3,335,369 3,872,856 \iy% Commercial Surplus. ..£20,812,154 Deduct, Bond Debt in England, April 1824 3,937,654 Net Commercial Surplus £16,874,500 Net Surplus upon the two Accounts £187,807 NetSurplus upon the two Accounts in 1823-24 £187,807 Deficit upon these Accounts in 1814-15 2,611,311 Improvement in the general result since 1814-15 £2,799,118 * Of this sum i'6,090,076 is owing by the Territory to the Com- 236 N.B. — The Capital Stock is not included in til e above, being £7,780,000 I hav^e only given the Commercial Account at the commencement of the term, 1814-15, and at its close, 1823-24, as I could not trace it with great exactness throughout the whole period, and the chief object was to shew the result of the comparison between the two periods. In explanation of the great variation in the amount of the Territorial Debt in the course of a single year (be- tween 1820 and 1821, for instance), it is necessary to ex- plain, that the statement only includes the debt in India, and that nearly corresponding variations may have taken place in the Account of Territorial Debts and Assets in England. I had prepared a statement of the Indian and Home Debts and Assets in April 1823, in order to obviate the objection which may be urged, that no certain conclusion can be drawn from accounts which are* brought down to two different periods; but I found that I could not adjust the Debits and Credits be- tween the Territory and Commerce in a manner quite satisfactory to myself, or which would perhaps have been satisfactory to the reader, and I have accord- ingly omitted the Statement, and adhered to the Printed Accounts, which are closed for India and England at two different periods. The circumstance of the Company having to render two distinct accounts (Commercial and Territorial), and of the Indian Accounts being always a year in arrear, renders it difficult to blend and adjust the two, in a way to render the g/wieral results perfectly clear and intelligible. 237- The above account sufficiently proves, I think, that since the commencement of the present charter an im- provement has taken place in the situation of the Com- pany, Territorial and Commercial, abroad and at home, to the amount of near three millions sterling, notwith- standing our having been engaged intermediately in several expensive wars. I have prepared the figured statements given in this publication with the utmost care, and 1 have referred to the best authorities within my reach for the purpose of discovering and correcting errors, but I shall still pro- bably have occasion to claim indulgence for mistakes, into which I may have fallen in the course of reducing into a more compact form such numerous details. In the body of the work, where I give the general results of the accounts, I have stated the Commercial Assets in 1823-24, at only £14,424,500, whereas the Net Commercial Surplus is stated above at £16,874,500. The difference arises from my having deducted from the latter sum, £2,450,000, stated to have been advanced in India, from the Territory to the Commerce in 1823-24. If however we add the sum of £4,754,902, advanced to the Territory from the Commercial Profits, the Commer- cial Surplus will appear to be £19,170,402, on the 30th of April last. 238 APPENDIX C, BY H. T. COLEBROOKE, ESQ. As very incorrect notions appear to have been enter- tained concerning the nature of the " Panchdt/eti^''' pre- vailing from ancient times in India, it is expedient to consult the writings of the Hindus themselves, who in treating of the administration of justice, have occasion to advert to the subject. The following is a brief summary from very ample disquisitions, contained in Treatises of Hindu Law. An assembly for the administration of justice is of various sorts : either stationary, being held in the town or village ; or moveable, being held in field or forest ; or it is a tribunal, superintended by the chief judge ap- pointed by the sovereign, and entrusted with the Royal Seal, to empower him to summon parties; or, it is a Court held before the Sovereign in person. The two first of these, are constituted at the request of parties, who solicit cognizance and determination of their differ- ences; they are not established by operation of law, or by the act of the King, but by voluntary consent. The two last are Courts of Judicature, established by the Sovereign's authority : such a Court is resorted to for relief, as occasions occur ; and not as the first mentioned, constituted merely for the particular purpose. To accommodate or determine a dispute between con- tending parties ; the heads of the family, or the chiefs of the Society, or the inhabitants of the town or village, select a referee approved by both parties. Among persons who roam the forest, an assembly for terminating litigation, is to be held in the wilderness; 239 among those who belong to an army, in the camp; and among merchants and artisans, in their societies. Places of resort for redress, are, 1st. The Court of the Sovereign, who is assisted by learned Brahmans, as Assessors. It is ambulatory, being held where the King abides or sojourns. 2nd. The tribunal of the Chief Judge (" Prddvivdca,'' or " Dharmadhi/acsha *') appointed by the Sovereign, and sitting with three or more assessors. This is a stationary Court, being held at an appointed place. Srd. Inferior Judges, appointed by the Sovereign's authority, for local jurisdictions. From their decisions, an appeal lies to the Court of the Chief Judge, and thence to the Raja, or King, in person. The gradations in arbitration, are also three. 1st. Assemblies of townsmen, or meetings of persons belonging to various tribes, and following different pro- fessions, but inhabiting the same place. 2nd. Companies of traders or artisans : conventions of persons belonging to different tribes, but subsisting by the practice of the same profession. * sdo li:>jfo?? fa 3rd. Meetings of kinsmen, or assemblages of relations, connected by consanguinity. The technical terms in the Hindu, for these three gradations of assemblies are, 1st, Fuga ; 2nd, Srtni ; 3rd, Cula, Their decisions or awards are subject to revision : an unsatisfactory determination of the '^ Cnla " or family, is revised by the " Sreni " or company, as less liable to suspicion of partiality, than the kindred ; and an unsatis- factory decision of fellow-artisans, is revised by the '' Pugcty'^ or assembly of cohabitants, who are still less to be suspected of partiality. From the award of the 240 " Puga^ '' or assembly, an appeal lies, according to in- stitutes of Hindu Law, to the tribunal of the " Prdd- vimcay' or Judge ; and, finally, to the Court of the Rciju^ or Sovereign Prince. The " Puga;' " Sr6ni;' and '' Cula,'' are different degrees of" Panckdj/eti y" which, as is apparent, is not in the nature either of a jury, or of a rustic tribunal ; but merely a system of arbitration, subordinate to regu- larly constituted tribunals, or Courts of Justice. It was not the design of the Bengal regulations to abrogate the " Panchdj/eti,'* or to discourage arbitration. The judicial regulations of 1772, provided that, " in all cases of disputed accounts, &c., it shall be recom- mended to the parties, to submit the decision of their cause to arbitration ; the award of which shall become a decree of the court. Every encouragement is to be afforded to persons of character and credit, to become arbitrators ; but no coercive means to be employed for that purpose. This provision, in nearly the same words, of which the above is an extract, occurs in the regulations passed in 1780. It is repeated in the regulations of 1781, with this ad- dition, that " the judge do recommend, and as far as he can, without compulsion, prevail upon the parlies to submit to the arbitration of one person, to be mutually agreed upon by the parties;" and, with this further pro- vision, that no award of any arbitrator or arbitrators, be set aside, except on full proof, made by oath, of two credible witnesses, that the arbitrators had been guilty of gross corruption, or partiality in the cause in which they had made their award. Here £41 Here we find the first deviation from the spirit of Hindu arbitration : the regulations of 1781 were drawn up by Sir E. Impey, and that deviation, which was in- tended to render arbitration more effectual, has, in its consequences, overset the system. Every dissatisfied party, unable to impeach the award of an arbitrator without proving partiality or corruption, set about,'ca- lumniating.the arbitrator; and imputed corrurptt^v^i to him simply, that he might obtain a revision oA'the away*^, which, in the Hindu system, he mi^h^c'tiave obtained in regular course of appeal, witho'^at any such imputation. As the practice grew, all n espectable persons declined references, lest they sho'xlld be calumniated by the discon- tented litigant ; and "^Panchdi/eti " has fallen into disuse. APPE.NDIX D. f PROVINCE OF CAN A R A. In th'^^i '^ Revenue Selections," page 532, a Minute, dated "^in 1816, of Lord William Bentinck, then Go- vernr :ir of Fort St. George, is inserted ; in which his Lor'^fiship observes, that, "from the first transfer of Ca- ^' ^hara to the British authority, it has continued a '^J solitary example of tranquillity, of an easy and regular *'^ realization of the revenue, and of general prosperity. " The causes of such effects are, in my opinion, (observes " his Lordship) to be found in the tenure of landed property, peculiar to the province, and in the mode- " ration with which the rights of the Sircar, to a propor- " tion of the land revenue, have been exercised," &c. His Lordship, of course, confined the remark to the districts under his own Government ; because, in Bengal, we had abundant instances of the same description. 2 I (. 242 The Court of Directors also observe, in noticing this Minute, that the '' Ryotwar " or Field Assessment, secured to them what they conceived could be secured under no other system of management ; •yf;r, the eventual advantage of an adequate revenue from the waste lands of the country ; a source vvhich, in their opinion, under a judicious and enlightened administration of their terri- torial ijiterest, it was not unreasonable to expect from past/xperience, would yield a considerable and annually- i' ^^easing augmentation to the public resources, &c. &c. Now, let us see how far this expectation has been realized. The province of Canara has been under " Ri/otwar " management throughout the whole period of our possession of it: Lord W. Bentinck notices it as the only instance of successful management ; and yet, with all the anticipated benefit from the waste lands, what is the present state of the revenue ? Mr. Hodgson has favoured me with the following Statejnent of the Land Revenue, collected from Canara, during eighteen years: viz. From July 1799 Star Pags. 437,923 Do 1800-1 . . 451,409 Do 1801-2 , , . 448,466 Do 1802-3 464,930 Do 1803-4 463,698 Do 1804-5 465,093 Do. . . '. . 1805-6 ^QQ,5\2 Do 1806^-7 459,102 Do 1807-8 465,170 Do lSOS-9 462,994 Do 1809-10 458,718 Do 1810-11 ,. 457,911 Do 1811-12 ...» 458,600 243 From July 1812-13 Star Pags. 458,987 Do 1813-14 458,061 Do 1814-15 458,836 Do 1815-16 455,814 Do 1816-17 457,042 What are we to infer from this statement ? Undoubt- edly, that the " llyolxsoar " mode of management contains no principle of improvement; that, when undertaken under every circumstance of advantage, it remains nearly stationary ; that under it, the landholder and the peasant must remain poor, while the Government can never become rich. If its notorious failure to produce an increase of revenue were its only demerit, I should never, probably, have meddled with it ; but it is a system, in my opinion, calculated to produce poverty and wretchedness, wherever it exists. We have the assurance of Lord W. Bentinck, that the Assessment of Canaj'a was light in 1806 ; the Court of Directors evidently looked to an increase of resource from the cultivation of the waste lands ; but what, after all, has been the result? The province did not, in 1816-17, yield a larger revenue than in 1805-6; and we have the following declaration from the Board of Revenue at Fort St. George in 1818, that even this stationary revenue, is more than the province can pay : 60. " To the practice of loading the lowly assessed or '• industrious Ryot, with the tax of his less fortunate or " more improvident neighbour (condemned by the very " officer who adopted it as both "impolitic and unjust "); " to the assumption of a maximum standard of assess- " ment (the Beriz), much beyond the capability of the *• country, even at the period of its greatest prosperity, ^^ to the gradual approximation made to this high stand- ^44 " ard, in the actual demand on more than half the landed " property in Canara ; and to the annual variation and '' consequent uncertainty in the amount of the assessment " on individual Ryots, as much as to any temporary re- '^ duced value of produce, or the imposition of new " indirect taxes, are to be ascribed the decline in airri- " gulture, the poverty among the Ryots, the increased " private sale of landed property by the landlords, the *^ difficulty of realizing the collections, and the ne- " cessity, before unknown, of disposing of defaulters' " lands, in satisfaction of revenue demands ; which, '* after fourteen years residence in Canara, at length " constrained the late Collector to record his conviction, " that the present assessment is beyond the resources of " the province." ! ! !— See Minute of the Board of Re- venue at Madras, dated the 5th January 1818. — " Re- venue Selections," page 898. THE END. LON DON: V&IKTKD BV COX AXD BAYLIS, QIHEAT QUEEN iTRl'Sr ^ 1 KKTUKK TO D^SS'Um WHICH BORKOWBD This i 16 iyi«^ Rfn. cm. JUN 2 1 LD21 — 32m — 1,'75 (S3845L)4970 General Library . University of California Berkeley iQ 28175 ^