folly of making a person drink whiskey who had never drank anything stronger than milk;* and as to abolishing the right of appeal from India to his Majesty's Privy Council in England, independent of the injustice of shutting up a door for redress which by no party can be tainted with favoritism; the measure could only be proposed by those who had not reflected on the subject, or who really desire to cut the painter' between the two countries as soon as possible.

India Supreme Court Expenses.

Salaries and contingencies

Rs. 4,32,000

Registrar (not including salary).

1,50,000

Master, record-keeper, accountant general (ditto)

70,000

For Calcutta.... Rs. 16,50,000

Bombay and Madras salaries and contingencies 6,50,000
Officers, barristers, attornies, &c.

9,50,000

Rs. 32,50,000

Independent of the foregoing charges, the salaries to retired judges, &c., who do not die off so fast as the bishops, is a serious expense on the natives of India. In the India pension list, published by the House of Commons in 1831, there are seven or eight retired Indian judges with pensions from £1,500 to £2,000 per annum. Of the Supreme Court at Ceylon, Mr. Cameron, the King's Commissioner, says, "I doubt whether such a waste of judicial power is exhibited in any other country in the world!"-Report, p. 69.

• Mr. Courtenay says, "the conflicting authority between_the King's Court and Government, being no greater in India than in England, the necessity of a superior legislative council is not, therefore, called for, as Parliament in England is rarely or ever required to control the executive or civil power."

When I say "right," I am by no means unaware of the usurpation which exists in the appeal to the king in council, in regard to hearing an appellant from India, at his Majesty's discretion.

A few words on trial by jury in the East, the effects of which I have witnessed among the natives of Ceylon as well as on the continent of India. At Ceylon the introduction of this mode of trial had an excellent effect in elevating the character of the natives, and I have often witnessed the acute manner with which they cross-examined a doubtful witness, frequently eliciting truths, which if not developed would have placed the prisoner in an awkward predicament. The late Sir H. Gifford has expressed to me the weight it took off his mind by having an impartial testimony as to the fact, reserving as he did the question of the law to himself. I think, from what I observed of the Cingalese jurors at Colombo, at Hambantotte, Caltura, and all along the road to Galle and Matura, the expectations of the benevolent and talented judge who introduced the system have been fully realized, and I know that his name will be handed down to the latest posterity by the Cingalese of the sea-coast provinces. But I will put one question to the honourable judge, whose character I hold in the highest estimation: would he introduce trial by jury into the Kandian provinces ?* into a country where I have travelled for twenty miles without meeting a human being, and where the few inhabitants with which this magnificent island is peopled, fled from the sight of a white person as if all the demons whom they worship were in full chase. Some years hence, these very people or their decendants will appreciate a boon which, were it now offered to them, would be like casting pearls before swine. Just so is it on the continent of India; at the presidencies, and at a few the interior cities, the natives are fully qualified to appreciate this blessing, but it would be visionary to apply the rule throughout India; the working of the system should be carefully watched at the presidencies; the natives who sit on juries

The sea-coast provinces of Ceylon have been under the continued dominion of Europeans for three centuries!

there would converse with their country friends, the mea sure would be talked of, and when understood, solicited; then let it be granted when asked for, but not before.

The utility of thus acting is illustrated by the different conduct of the Calcutta and Madras inhabitants when the jury bill was communicated to them. Mr. Crawfurd states that "the natives of Madras held meetings, and declared that it was repugnant to their habits, institutions, religious prejudices, and inclinations, to sit on juries;"* at Calcutta the very opposite feeling took place, for there the natives were prepared to receive what they had requested. On the trial of Rajah Buddinath Roy in 1829, for forgery, before the Supreme Court of Calcutta, I witnessed with delight the honest pride which beamed on the countenances of a crowded court of natives, of every class, when they beheld one of their fellow countrymen† take his seat in the jury box, on a level with a special jury of the most respectable Europeans at the presidency. As far as an individual opinion is worth any thing, I would as soon be tried by a jury of intelligent Hindoos, as by a special jury of Christians: I cannot therefore help expressing my heartfelt gratification that the natives are now eligible for the situations of grand jurors and justices of the peace at the presidencies, and have no doubt that such men as Dwarkanaut Tagore, Radakant Deb, Prussunu Comar Tagore, Ram Comal Sen, Hurrihur Dutt, the Day family,

Free Trade and Colonization pamphlet, p. 84.

† This was the highly-gifted Prussunu Comar Tagore, whose cross-examination of the villain that served as king's evidence against the Raja, was of material advantage to the judges and to his fellow jurors; and who, I think, was the means of demonstrating to the public that the Raja was the dupe of designing knaves.

I am aware that there is a disinclination to the natives sitting on juries; but if a Hindoo were tried at the Old Bailey, he would be entitled to have six of his countrymen as jurors, if they were to be had. Wherein is the difference, whether the scene of action be Calcutta or London?

and many others, as well as numerous Parsees at Bombay,* equally intelligent, respectable, and moral, will prove themselves the most efficient supporters of British power in the East.t

The indigo planters and Indo-Britons will afford a most valuable class of magistrates; and as it is the desire of the Board of Control, as also of the Court of Directors, to advance the latter in civil rights, many will be found qualified for the post which Mr. Grant's bill renders them eligible to. Such men (and there are many similar) as Mr. Kyd, Captain Bruce, Mr. Gordon, Dr. Frith, Mr. Domoulin, Mr. Glass of Bhauglepore, &c. would be an honour to any country.

The India Juries' Bill has received the royal assent; it states the expediency of other persons, besides the covenanted servants of the East-India Company or other British inhabitants of India, being capable of being appointed to the offices of justices of the peace within and for the towns of Calcutta, Madras, and Bombay; declares the eligibility of such persons to the said offices, with the exception of necessarily taking any oaths; that it is lawful for the Governor General or Governors to appoint properly qualified persons to act as justices of the peace, who will bind themselves by such oaths or solemn affirmations as may be prescribed, from time to time, according to the tenor of their respective commissions. The same bill repeals that provision of the India Jury Bill of 7 Geo. IV., which enacts, that "Grand Juries in all cases, and all juries for the trial of persons professing the Christian religion, shall consist wholly of persons professing the Christian religion."

CHAPTER XI.

TERRITORIAL ADDITIONS TO THE BRITISH POSSESSIONS BY THE EAST-INDIA COMPANY SINCE THE LAST RENEWAL OF THEIR CHARTER;-PUBLIC IMPROVEMENTS EFFECTED BY THE GOVERNMENTS OF BENGAL, MADRAS, AND BOMBAY; TESTIMONY OF BISHOP HEBER, ARCHDEACON CORRIE, HON. HOLT MACKENZIE, SIR JOHN MALCOLM, SIR LIONEL SMITH, MR. FORTESCUE, AND OTHER INDIVIDUALS AS TO THE IMPROVED STATE OF THE COUNTRY;RATES OF WAGES AND PRICE OF PROVISIONS IN FORMER AND IN PRESENT TIMES ;-CONDITION OF THE INDIANS UNDER THE EAST-INDIA COMPANY AND UNDER THE NATIVE GOVERNMENTS.

As a necessary sequel to the preceding chapters, it remains for me to shew the territory acquired by the Honourable Company since the last renewal of their charter; what efforts have been made for the improvement of the country, and what is the general condition of their subjects.

Since the last renewal of the charter, the East-India Company have added to the British possessions in India as follows.*

TO BENGAL.-After the Goorkha war, from 1814 to 1816; Kumaon, Dhera Dhoon, Jounsar, Bawar, Sabathoo, and a mountain tract between Kumaon and the Sutledge; (greatly adding, as Mr. Holt Mackenzie says, to the secu

* Derived from evidence before Parliament during the present year.