CHAP. XI. BOOK II. a delegated sway, which the British government, as representing that of Delhi, had the right to resume at its own discretion. Names are sometimes as real as things, and the King of Oude is not for any purpose the same potentate as the Nawab Vizir. 1818. CHAPTER XII. Internal Administration of the Marquis of Hastings.Progressive Legislation.-I. Civil Judicature.-Inefficiency of the Courts.—Injunctions of the Home Authorities to revert to Native Institutions.-Measures adopted in Bengal-at Madras and Bombay. -Result.-II. Criminal Justice and Police. Reforms at the Presidencies.-Union of the Powers of Magistrate and Collector. - Extended Police Powers of the Revenue and Village Officers at Madras, and at Bombay.-III. Revenues.-Land Revenue.-Principles of Ryotwar Settlement to be universally adopted.-Perpetual Settlement prohibited. Enactments in Bengal.-Village and District Native Accountants re-established.-Rules for Sale of Lands modified.-Settlement of ceded and conquered Provinces.-System of Village Settlement preferred.-Necessity of previous Inquiry.-Abuses to be remedied.-Fraudulent Transfers of Property extensive.-Discontent of the People.-Special Commission appointed.-Wrongs redressed.—Question of perpetual Settlement of the Western Provinces re-considered.-Deferred Periodical Settlements con HISTORY OF BRITISH INDIA. tinued.-Nature of Inquiries to be instituted.As regarding the Land.-As regarding its Occupants.-Regulation to give effect to the Arrangements.-Revenue Surveys commenced.-Great delay anticipated.-Still greater experienced.-Merit of the Government.-Madras Village Settlements closed.-Ryotwar resumed.— With Modifications.— Lands for Sale in the permanently settled Districts bought on Public Account.-Bombay Revenue Arrangements.-Based on Native Institutions.Inquiry found necessary.-Revenue Commission.Revenue Survey of Broach.-Its Objects.-Similar Surveys in Guzerat.- Village Accountants made public Servants.-Opposition of Heads of Villages. -Objections to the Arrangement.-Gradually relinquished. Settlements of the Dekhin.-Combination of Village and Ryotwar Systems.-Survey commenced.-Other Branches of Revenue.-Opium. -Difficulties respecting Malwa Opium.-Measures adopted. Salt. - Customs. Duties on British Goods remitted.-Finance.-Augmentation of Revenues.-Of Charges.-Surplus of Local Receipts. -Home Charges and Commercial Advantages insufficiently provided for.-Loans raised.-Public Debt increased.-Separation of Territorial and Commercial Accounts.-Debt contracted to the East India Company's Commerce.-Sufficiency of Indian Revenues for Disbursements in time of Peace. Prospect of Financial Prosperity.-Changes of Social Condition.-Calcutta an Episcopal See.Bishop Middleton.-Difficulties of his Position.His Proceedings.-Foundation of Bishop's College. His Death. - Establishment of Scottish - 507 CHAP. XII. BOOK II. novel and unsuitable forms which had been introduced to secure method and precision in the pro1814-23. ceedings of the Courts; part was ascribable also to the extreme and often needless jealousy with which the Government regarded the judicial functionaries, the restricted powers with which they were entrusted, and the numerous checks to which the exercise of those powers was subjected; but very much was owing to unavoidable causes-to the increase of population, the advance of the people in wealth and prosperity, to the valuable interests which peace and security multiplied, and to the frequency with which the people resorted to the tribunals of the state. Whatever their imperfections, the natives saw that justice was administered in the English courts upon fixed principles, that as little as possible was left to the caprice or passions of the judge, and that, with occasional exceptions, his decisions were upright and just. They had not been accustomed to courts so constituted, to functionaries so impartial and honest; and notwithstanding the defects with which the Company's Courts were chargeable, it was clear from the very fact of their being overwhelmed with business, that they enjoyed to a considerable extent, the respect and confidence of the people it was only necessary, in order to render them completely effective, to proportion their number and powers to the mass of duty with which they were overtasked. To increase the number of those presided over by European functionaries, a class of officers who, from the peculiarities of their situation were more than ordinarily costly, was impracticable from the expense which it entailed, and the necessity DEFECTS OF INTERNAL GOVERNMENT. ropean, elements. 509 Although, therefore, very great BOOK II. CHAP. XII. pains were taken to reform practices which were evidently amiss, and to substitute principles of a 1814-23. different tenor from those which had hitherto been received as unimpeachable; and although upon the whole an important advance was made in the business of progressive legislation, yet the system continued to be only progressive, and was far from reaching that maturity which the authorities, both at home and in India, earnestly desired to see it attain. The continual accumulation of. arrears in the decisions of the Courts of Civil Judicature, and the prolonged periods to which complainants had to look for redress, amounting to a virtual withholding of justice, were, as we have had occasion to notice, the prominent defects of that branch of the judicial system; nor did the injury arising from the delay affect only those cases which were brought before the courts, as a still greater number of suits were kept back by the uncertainty whether they would ever be adjudicated; and persons aggrieved preferred submission to present wrong to the tedious process and remote chance of obtaining a sentence in their favour. Part of this delay arose from the 'Between 1810 and 1815, the whole number of depending suits considerably decreased; those at the end of the former year being 135,553; and of the latter 108,286. There was an increase, however, in the Superior Courts, the arrears being respectively of the Sudder Adawlah 198 and 467, and of the Provincial Courts 2903 and 3705. In the Judges' Courts there was a decrease, the depending suits being severally 20,341 and 16,898. Taking the numbers of the latter period, the term required for clearing off the causes in arrear, according to the average duration of the proceedings of the Courts, was in the Sudder twelve years; in the Provincial Courts six years; and in those of the Zilla and City Judges five and a half. Tables showing the extent and operations of the judicial systems of the three Presidencies. Commons Report, 1832. App. Judicial. Table, xvi. p. 504. 2 Judicial Minute of the Earl of Moira. Comm. Report, 1832. App. Judicial, CHAP. XII. BOOK II. novel and unsuitable forms which had been introduced to secure method and precision in the pro1814–23. ceedings of the Courts; part was ascribable also to the extreme and often needless jealousy with which the Government regarded the judicial functionaries, the restricted powers with which they were entrusted, and the numerous checks to which the exercise of those powers was subjected; but very much was owing to unavoidable causes to the increase of population, the advance of the people in wealth and prosperity, to the valuable interests which peace and security multiplied, and to the frequency with which the people resorted to the tribunals of the state. Whatever their imperfections, the natives saw that justice was administered in the English courts upon fixed principles, that as little as possible was left to the caprice or passions of the judge, and that, with occasional exceptions, his decisions were upright and just. They had not been accustomed to courts so constituted, to functionaries so impartial and honest; and notwithstanding the defects with which the Company's Courts were chargeable, it was clear from the very fact of their being overwhelmed with business, that they enjoyed to a considerable extent, the respect and confidence of the people it was only necessary, in order to render them completely effective, to proportion their number and powers to the mass of duty with which they were overtasked. To increase the number of those presided over by European functionaries, a class of officers who, from the peculiarities of their situation were more than ordinarily costly, was impracticable from the expense which it entailed, and the necessity |