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1825.7

Letters on the Present State of India. No. 1.

vanced before the Circuit Court. Perjury is extremely common." And again, They are probably somewhat more licentious than formerly; chicanery, subornation, and fraud, and perjury, "The are certainly more common.' lower classes are, in general, profligate and depraved. The moral duties are little attended to by the higher. All are litigious in the extreme, and the crime of perjury was never, we believe, more practised among all ranks than at present."

It is somewhat surprising that a
man possessed of that acuteness of
mind which confessedly belongs to Mr
Wilberforce, would have subjoined to
the preceding quotations a remark like
the following. "Before we dismiss the
long and melancholy train of witnesses,
whose estimate of the moral character
of the natives of India I have been lay-
ing before you, let me beg that you
will attend carefully to two consider-
ations, which are applicable to almost
all the opinions which I have adduced.
These are, first, that the statements
you have heard, are all of them the
opinions of intelligent respectable men,
formed and given, without reference to
any particular question, which happen-
ed for the time to interest and divide
the public mind," &c. Now the very
terms in which these opinions are ex-
pressed, furnish ground for at least
suspicion, that such could not possibly
be the case.

Nor will he who has al-
ready arrived at that opinion, find
himself, on farther inquiry, mistaken.
The real truth is, that these opinions
were, one and all of them, delivered
with reference to a particular question,
which, at the time, very powerfully
agitated the minds of the Court of
Directors, namely, whether it would
be wise to extend to certain newly ac-
quired provinces, those financial and
political regulations which had been
introduced by Lord Cornwallis into
the old. The questions, to which they
are partly in reply, were proposed for
the purpose of ascertaining whether or
not the operation of these regulations
had proved beneficial to the native po-
pulation; and the answers themselves,
as shall be shown in the proper place,
all go distinctly to prove that the new
system had depraved the people, and
destroyed all sense of morality and rec-
titude among them. This may itself
show how little reliance is to be placed
VOL. XVII.

585

upon the authority of writers, who
deal in invective, or abuse by wholesale.

But a few more of the same gentle-
man's arguments may not be amiss.
He has quoted from a judicial letter
from the Court of Directors to Ben-
gal, dated April 25, 1806, the follow-
ing sentences; and drawn from these
quotations the conclusions that this
very letter recommends as the sole
remedy for existing evils, an increase
of missionaries throughout the East.
"The nefarious and dangerous crime
of perjury, we are much concerned to
find, continues to prevail in all direc-
tions, and even increases to such a
pitch, as to baffle and perplex the ju-
dicial proceedings of the courts, so
that the judge receives all oral testi-
mony with distrust, and is frequently
obliged to investigate the character of
"The-lit-
the witness more closely than that of
the criminal." And again,
tle obligation attached by the natives
to an oath, seems to proceed, in a great
degree, from the nature of their su-
perstitions, and the degraded charac-
ter of their deities, as well as almost
the entire want of moral instruction
amongst them; and this points to the
necessity of other remedies, as well as
to the most rigorous punishment of a
crime so hurtful to society as per-
jury." Now, what will the reader
say, when he is informed, that this
increase of perjury is caused by an
error in our system, which requires
oaths to be taken far too frequently,
and such oaths, too, as no respectable
native can be persuaded to pronounce?
Lord Cornwallis, having discovered
that the "Ganges water" is esteemed
as the thing most sacred by the Hin-
doos, came to the hasty determination
of requiring all persons examined upon
oath, to swear to the truth of their
statements by it. But the very pro-
nouncing of such a vow is looked
upon by the Hindoos as a consign-
ment of themselves to everlasting tor-
ments; no matter whether it be ta-
ken in support of a truth, or of a false-
hood; and hence, none will appear
in our courts as witnesses in any trial,
except those, who, having no value for
their souls, are utterly regardless
whether they speak truth or false-
alluded to this, and to the necessity
hood. That the Court of Directors
of effecting some change in a matter
4 G
so important, will hereafter be more

clearly shown; whilst the moral instruction alluded to, has reference to the overthrow of native schools, which, among other effects ruinous to this country, our system has occasioned. But glaring as these misapprehensions on the part of our distinguished philanthropist are, his perversion of Mr Dowdsewell's meaning is even more extraordinary. "I quote the following passage from Mr Dowdsewell's Report on the Police of Bengal," says he," in order to counteract that strange and most unjust persuasion, which has been attempted to be diffused, that the Hindoos are a gentle and humane people."-" Were I to enumerate only a thousandth part of the atrocities of the Docoits, (a sort of hereditary robbers,) and of the consequent sufferings of the people, and were I to soften that recital in every mode which language would permit, I should still despair of obtaining credit solely on my own authority, for the accuracy of the narrative." "Robbery, rape, and even murder itself, are not the worst figures in this hideous and disgusting picture. Volumes might be filled with the recital of the atrocities of the Docoits, every line of which would make the blood run cold with horror."

Will the reader believe that these very sentences, which are quoted as conclusive proof of the natural cruelty of the Hindoos, are in reality no more than parts of a chain of reasoning, the purport of which is to show, that by rudely destroying the native institutions, and introducing nothing effective of our own in their room, we have plunged the country into crime and misery? Such, however, is the truth; as will be clearly shown by and by, when the very same words are again quoted in connexion with their context; and supported by other authorities, who deliver themselves even more plainly, and therefore more strongly.

I have already trespassed so much upon your time, that I will not add to that fault, by bringing forward, as I might easily do, a whole list of names, all of them of the highest respectability, and all favourable to the moral character of the Hindoos. Our own quaint but delightful old traveller, the Rev. Edward Terry, chaplain to Sir Thomas Rowe, when ambassador at

Delhi, delivers himself very warmly on this subject.

"For our living in East India," says he, "it is with as much freedom and safety in our journeys and tents when we travel; in our houses when we are more fixed, as if we were an army of banners appointed for our guard, or as if the vines and fig-trees under which we there sit, were our own." See page 170. "The truth is, that the people there in general, are very civil, and we never had any affronts or ill usage of them, if we did not first provoke them." He adds, indeed, "that if we did, they would not well bear it,” but even in recording an instance of offence taken, he records, at the same time, the great placability of the natives, and their readiness to overlook an affront which is unintentionally thrown upon them. Of their extraordinary fidelity to their masters, he makes mention in these terms: "I have often heard it observed of the Welsh, that they are optimi servi, but pessimi domini; ill masters, but good servants. I shall not further inquire into the truth of that proverbial speech: but for this people I can affirm, that they are excellent servants, who are as much at the command of their masters, as the people of Israel, after the death of Moses, were unto Joshua." Thus, " if they be commanded to carry letters of a sudden many miles distant, from one place to another, they yield obedience in this, as to all other the commands of their masters, without regret or dispute, but doing the wills of those who employ them." "Those Indians I named before, are as faithful to their trusts unto whomsoever they engage, to the English as well as to others, that if they be at any time assaulted, they will rather die in their defence, than forsake them in their need. So that I am very confident, that if an English merchant should travel alone with a very great treasure in gold and jewels, both or either, from Surat to Labror, which is more than one thousand English miles, and take those Indian servants only for his company and guard, and all they knew what he carried with him, he paying them their wages, they would be so far from injuring him of the least penny of his wealth, that whosoever besides should attempt his spoiling, must make a way

through their blood before they should be able to do it." P. 183. In many other virtues besides these, the same author declares that they are habituated. "For the temperance of very many, by far the greater part of the Mahometans and Gentiles, it is such as that they will rather choose to die, like the mother and her seven sons, mentioned in the second of Maccabees, and seventh chapter, than eat or drink anything their law forbids; hating gluttony, and esteeming drunkenness, as indeed it is, another madness, and therefore have but one word in their language, (though it be very copious,) and that word is mest, for a drunkard and a madman." P. 148-9. Again, "And here I shall insert another most heedful particular to my present purpose, which deserves a most high commendation to be given unto that people in general, how poor and mean soever they be; and that is the great and exemplary care they manifest in their piety to their parents, that notwithstanding they serve for very little, yet if their parents be in want, they will impart at least half of that little towards their necessities, choosing rather to want themselves, than that their parents should suffer need."

Mr Terry speaks in the highest praise of the industry of the Hindoos, their exactness in making good all their engagements, "their justness in trade," their fair dealing, &c. and sums up all by exclaiming, Surely for moral honesty it is most true, that even those heathens I have named marvellously exceed us." P. 255.

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The sentiments of M. Duperron correspond precisely with those of Mr Terry; neither are Mr Orme, Mr Halhed, Sir William Jones, &c. &c. backward in bearing testimony to the good qualities of the Hindoos ; whilst even the Abbe Dubois, though surely not prejudiced in their favour, speaks of their women, at least, as being "naturally chaste," and the marriage-tie between persons of the higher casts, as "indissoluble." All these writers, with numbers whom I have not named, may very fairly be opposed to Mr Wilberforce's authorities.

But look we to the statements of official men in modern times; what say they touching the eligibility of natives to fill offices of trust?

Sir Henry Strachey, in his answers

to certain queries sent out by the Court of Directors, which will be found in Vol. II. of Selections from Records at the India House, page 52, thus expresses himself:

"Let native judges be well paid, and they will do the duty well; of this I feel the strongest conviction. When I speak of a liberal salary for a native judge, I would be understood to mean somewhat less than one-tenth of the salary of the European judge." "It is my opinion, that all the judicial functions of Bengal might gradually be thrown into the hands of the natives, if such were the pleasure of the Company, and that the business would be as well conducted, under our regulations, by the natives as by the Europeans, in some respects better, and at one-tenth of the expense." "I am of opinion, that, with respect to integrity and diligence, the natives may be trusted with the administration of justice,-I think no superintendance of Europeans necessary." "If the natives are not qualified for these, or any other offices, I conceive the fault to be ours, and not theirs. If we encourage them, if we allow them to aspire to high office, if we pay them well, if we raise them in their own estimation, they will soon be found fit for any official employment in India. I beg to repeat what I long ago, in substance, said upon this subject, that the natives are depressed and humiliated, being confined by us to subordinate and servile offices. Although their education is most defective, and ignorance and credulity pervade all ranks, especially among the Hindoos, they are, nevertheless, found to acquire easily the requisite qualifications for the duties which we are pleased to intrust to them. From temper, habit, and peculiar circumstances, they are in many respects fitter for the office of a judge, than ourselves. But we place the European beyond the reach of temptation. To the native, a man whose ancestors, perhaps, bore high command, we assign some ministerial office, with a poor stipend of twenty or thirty rupees a-month. Then we pronounce that the Indians are corrupt, and that no race of men, but the Company's European servants, are fit to govern them."

The sentiments of Mr Neave are in

588

Letters on the Present State of India. No. I.

every respect the same. In reply to question 9, (See a volume entitled Court's Queries,) namely; " Are you of opinion, that the natives may, in respect to integrity and diligence, be trusted with the administration of justice?" that able servant of the Company remarks, "I am of opinion, that the natives, in respect to integrity and diligence, may be trusted with the administration of justice. Ally Ibraham Khan is an instance in point; he was chief judge of the city of Benares, and deservedly obtained a high reputation. There were also two other judges, Molony Omxoola, and Mahommed Nizir Khan, of whom I have every reason to speak well, during the time they came under my notice, as assistant to the President at Benares."

I will refer you to but one authority more on the present occasion, lest both you and your readers should grow weary of the discussion; and when I name Sir Thomas Munro, I shall, I conceive, have done enough. That gallant officer and profound politician speaks, not in one place only, but everywhere, "of the quietness, the integrity, and the perfect fitness of the natives, to fill any office of trust." One of his observations is, that in many parts of the country, where our system has not operated, the morals of the people would do honour to any European nation; but as I shall have occasion to give you his own words in a future letter, I will not quote them here.

I have now, I trust, said enough to vindicate my fellow-subjects of India, from the sweeping condemnation which is continually passed upon them. Of private anecdotes, I might copy for you hundreds, all creditable to the natives, and all well authenticated; but with such men as Sir Henry Strachey, Mr Neave, and Sir Thomas Munro, to appeal to, I will not weaken my argument by turning to authorities less exceptionable. Yet in spite of all this, I freely acknowledge, as every man who knows India must acknowledge, that a more melancholy picture of human depravity is nowhere to be met with. What has brought it to this?Sir Henry Strachey shall again answer for me.

"Since 1793," says he, "crimes of all kinds are increased; I think most crimes are still increasing."

"That

crimes have not increased still more, is owing to the providential occurrence

[May,

calamity of season, I have no doubt of a number of years of plenty; in any crimes would increase to a most alarming The lower castes, who are almost the degree." "Drunkenness increases. only drinkers of spirits, are, I think, getting rather more licentious in their manners, and less scrupulous on the consider the laws as a part of their rescore of religion." "They no longer ligion. I do not even see that with us law and morality have much connexion. proceed from their poverty and ignoThe vices and crimes of the people likely to grow much richer or wiser, rance, and I do not conceive they are while the present state of things conto attend our cutcherries, get into bad tinues." "Persons who have occasion of the natives with Europeans, Sir habits." Speaking of the intercourse Henry asks, "whether the morals of by these causes; whether they have the people are in any respect improved not learned all the low arts of chicanery, imposture, and litigiousness, peculiar to an English court of justice, without a particle of plain-dealing, firmknowledge of any kind; whether they ness, independence of spirit, or useful good; whether they do not imbibe do not reap all the evil and none of the racter, which tend only to impair the those principles of the European chamildness and simplicity of their own?" he adds, "who, from their situation or "Moreover, I would appeal to those," habits, are accustomed to consider these have not, of late years, been introduced, matters with attention, whether there and extensively established, professions, heretofore almost unknown; namely, those of informers, intriguers, suborners, and false witnesses; whose sole occupation is that of preying on their fellow-creatures, and whose long honesty is the worst policy. And if career of impunity convinces them, that such is the case, can we doubt to whom we ought to attribute this change of character?"

behaviour of the natives symptoms of Again, "Whenever I observe in the insolence, ill-nature, brutality, litigiousness, drunkenness, (which I confess I very seldom do,) knowing these al character, I cannot help entertainqualities to form no part of the nationing a suspicion, that they have either contracted them by their intercourse with low Europeans, which, in most situations, can hardly happen, or that

1825.

Letlers on the Present State of India. No. I.

our system, somehow or other, has a tendency to produce them."

"Perjury," says this able and unprejudiced man," is still increasing;" and he thus accounts for it: "The objection of almost every Hindoo of credit and respectability to swear by the Ganges-water, which is insisted upon in the criminal courts, prevents their appearing as prosecutors or witnesses; whence, as I have already stated, it unavoidably occurs, that only the worst description of persons, those who set all moral and religious obligations at defiance, are found to frequent our courts of justice."

I have now lying before me such a mass of official documents, all speaking the same language, and all attributing to our system of government the demoralization and misery of India, that I feel absolutely at a loss which to select. In due course of time you shall have so many of them, as will no doubt astonish the public. In the meantime I shall conclude my present letter with a long extract from a judicial minute made by Lord Moira; which bears date October 2, 1815. It will be found in a printed volume of Parliamentary papers on India affairs, from 1810 to 1819, at the 157th page.

"In the review which the preceding remarks naturally lead me to take of the practical effect produced by our judicial system on the character and happiness of our native subjects, I am reluctantly compelled to confess, that its operation appears not to correspond with what was to be anticipated from the judgment of those who framed the machinery of our judicial administration, or from the uprightness of those who execute its details. We seem to have accomplished a revolution in the state of society, which has, by an unexpected fatality, proved detrimental to general morals, and by no means conducive to the convenience of our go

vernment.

Since the first institution of
a Zillah Adowlut, in the year 1780, and
even from the more regular organization
of them in the year 1793, a new progeny
has grown up under our hand, and the
principal features which show them-
selves in a generation thus formed be-
neath the shade of our regulations, are a
spirit of litigation, which our judicial es-
tablishments cannot meet, and a state of
morality certainly much deteriorated.

"If in the system itself, or in the prac-
tical execution of it, we should be found
to have relaxed many ties of moral or reli-
gious restraint on the conduct of indivi-

589

duals; to have destroyed the influence of
former institutions, without substituting
any check in their place; to have given
loose to the most froward passions of hu-
man nature, and dissolved the wholesome
control of public opinion and private cen-
sure; we shall be forced to acknowledge
that our regulations have been productive
of a state of things which imperiously
calls on us to provide immediate remedy
for so serious a mischief.

"The habitual disregard of the obliga-
perhaps been increased by the operation
tions of an oath among the natives, has
of our judicial system, and is accordingly
considered by some of the judges to be
confined to the persons who frequent our
Adowluts. There is some consolation in

the idea, that a part of the community is
not yet contaminated by this dreadful
vice; and the further diffusion of this infec-
tion might perhaps be obviated by a less
indiscriminate and loose mode of admini-
stering oaths. If recourse to the solemn
invocation of the Deity's name were to
be heard only on the most important oc-
casions, the most impressive mode of ap-
pealing to the conscience of the witness
would be adopted, and the laxity of mo-
rals, which arises from oaths being made
too common, would be repressed.

"Another consequence of the indiscri-
minate mode in which all persons, of
whatever rank of life, are subjected to
the same form of examination, is the aver-
sion which the higher classes evince of
stated by the Judge of Padden, and the
appearing as witnesses; and the fact is
this description have been known to have
provincial court of Patnu, that men of
incur considerable expense, rather than at-
paid the debt in dispute, and otherwise to
are vested with a discretion of dispensing
tend the court. I am aware that the courts
with the corporal oath of such persons;
but it must also be recollected, that the
courts are vested with a power of com-
mitting to close custody, on the requisi-
tion of the parties to the suit, any person
refusing to be sworn, whose evidence
may be stated to be material; and there
can be no wonder if he should prefer
purchasing, at any fine, an exemption
from attendance, to running this risk. I
have not been able to ascertain at all to
my satisfaction, whether the objection of
these persons be simply to appearance in
a public court, or whether it extend to
taking an oath under any circumstances.
We have the precedent of the case of
quakers in England, that British juris-
prudence has, for the furtherance of jus-
tice, found it expedient to compound with
prejudices; and the practice of taking

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