The Press. — London, England, 1855-08-04 00:00:00

AUG. 4, 1855. APPEALS FROM INDIA. IT cannot be too often or too strongly im pressed upon the minds of our legislators that they have it in their power by a very simple and equitable enactment to apply an effectual remedy for a large portion of the evils which oppress the upper classes of the natives of India—that is, by constituting a proper tri bunal for the hearing of Indian appeals. We do not mean appeals as between party and party from the decisions of the courts below, for it would be impossible for things to be on a more satisfactory footing in that respect than they are at present. An appeal in such oases lies to the Judicial Committee of the Privy Council: it is argued openly, heard im partially, and decided by men of the highest legal eminence entirely on its merits But in the far larger number of cases, those in which the Government is itself both suitor and judge, questions arising out of the resump tion of lands—the failure to fulfil its pecu niary engagements with the heirs of native chiefs or others—the declining to continue the annual pensions in consideration of which lands were ceded to it. while the lands them selves are retained in its possession—the refusal to recognise the right of adoption by dependent chiefs and nobles where such right appears to persons most conversant with the subject to be properly claimed—in all these cases, and in many others of a cognate description, there is virtually no appeal what ever against anything that the local Govern ment may do. Nor does the latter even pretend to act judicially in such cases. It ascertains whether the local officer is favor able to its views ; and if he is not it removes him, and puts another of a more pliant dispo sition in his place. It then calls on the latter for a report, which, of course, recommends precisely what the Government wishes. The report is highly lauded in some Council minutes, the fiat for the spoliation goes forth, and the unhappy victim has no more earthly power of staying execution or obtaining re dress afterwards than if he had been in Turkey in the olden times, and it had been his head instead of his property that had been cut off from him. Now, we do not, of course, propose to dimi nish in the least degree the power of the Indian Government to declare war upon foreign native States whenever they may be convinced of the necessity of it; but we do say that, as regards petty dependent princes, as well as chiefs and others who are to all intents and purposes our subjects, this power of absolutely seizing on their properties, sub ject to no appeal whatever, is one that is in. tolerable in any country professing to rule by principles of justice, and therefore quite out of place in any Dependency of the British Crown. Nor is the establishment of a proper tribunal of uppeal in such cases desirable only on account of the natives concerned. It is also most desirable as an aid and protection to the Indian Minister in case his object is to act impartially, and it would tend to relieve the members of the Legislature from much of that importunity from natives who have cases against the Government to which they are so unpleasantly subjected at present. As it is, a conscientious Member of Parliament really knows not what to do. In some cases, to be sure, the wrong may be so palpably on the surface of the affair as to leave no doubt in the minds of any one that gross injustice has been done ; but on the greater part of them the whole question is involved in a mass of cor respondence which few would have time to read, or, if they did, be able to understand And, after all, the point hinges generall) upon some question as to the legal interpretation of words or construction of treaties which could only be properly adjudicated on by a high legal tribunal of the kind described. The whole cost of such a tribunal would not exceed some twelve or fifteen thousand pounds a year, which the natives of India - ,uld willingly charged - the - well known to be disputed. The Russian fleet re fused to tight, and Sir CHARLES'S operations were limited at once to preliminary inspections of the different fortresses, a careful navigation of the sea, buoying the different channels and surveying the coast, yet keeping up a strict blockade, and inflicting what injury he could with the means at hand upon the enemy's commerce. In a word, his duties were merely preparative for the future operations of the en suing year. net he did this duty thoroughly well, and to the entire satisfaction of Sir JANES GRAHAM and the Admiralty, the Honourable Baronet more than once bore testimony in high terms. Clearly, then, if Sir CHARLES did his work so well, he was the man above all others to reappoint, in order that, with increased powers at his disposal, he should have the opportunity of carrying into effect those designs which he contemplated, and was com pelled from want of means to defer, in the first campaign. On his arrival in the Baltic, Sir CHARLES speedily found out what his prevision foreboded before he sailed—that the only arm he wanted in his fleet was just that which he would find alone effective, viz., a flotilla of gun and mortar vessels, and that, for all active operations against the Russian fort. resses, his heavy line-of-battle ships were utterly useless, except as $ blockading and covering force. The more he eaw of Revel, Sweaborg, and, at length, of Cronstadt itself, confirmed him in this opinion, that, though unassailable by large ships, these forts resses were easily approachable by small vessels of light draught and heavy armament, and could be destroyed with impunity by s sufficiently numerous flotilla. He repeatedly impressed this fact upon the Admiralty, and although the Admiralty professed a desire to aid him in every way, they refused an im mediate offer of Mr. SCOTT RUSSELL, to build and fit out six gun-boats, but sent Mr. RUSSEIA. over to Prussia to repurchase a couple of his cwn old gun• boats, which he had formerly sold to the Prussian Government, and which our country put by in the dockyards as models for the Government surveyors. This was all the efficient assistance which the Admiralty afforded to Sir CHARLES NAPIER. For the operations of the fleet, they are to be found in the papers of the day. The gallant cutting out at Eckness, the many separate encounters of single ships against the coast forts, and, finally, the destruc tion of Bomarsund, are well known ; and in judging of the operations of the fleet at that time we must bear in mind that it was composed mostly of sailing line-of battle ships, with only a few screw vessels, and that, moreover, there was not one gun or mortar boat, or any vessel of that size and armament which, in Sir CHARLES'S opinion, could alone be employed effectively against the Russian fortresses. Was it, then, sound prudence or timid design which in fluenced Sir CHARLES in his management of the fleet? He would be a bold man who would associate " timid design " with the name of a Napier ! But shall we not be nearer the truth in saying that it was the ignorant incompetence of the Admiralty, who, neglecting to supply him with those very vessels which they are now hurrying off to the spot, com pelled the brave old man to inglorious inactivity? Among practical and reasonable men there have never been two opinions upon the subject of Sir CHARI.ES NAPIER'S discretion in not risking his fleet in narrow, shoal passages commanded by such batteries of guns that no ship could hope to live under the tire. Sir CHARLES saw that the only thing he could do was to offer fair fight to the Russian fleet outside their forts, and, if they preferred skulk ing under the protection of them to such a fight, to blockade them in until the ice saved him the trouble. He did so. Moreover, he carefully navigated a com paratively unknown sea; he destroyed the Russian commerce as far as Lord ABERDEEN would let bin', and he ultimately brought his fleet home safe, and in the highest state of discipline and efficiency. If the Admiralty had thought that he had done his duty, they would have reinstated him in the comniand this year ; for it is a rule which most Go vernments, and particularly such rickeuy Govern ments as Lord ABERDEEN'S, or the present one, universally follow, to leave "well alone." But because they had so puffed up Sir Cuisines at his starting— against his own repeated assertions, let us in justice add—the Admiralty, conjointly with the Government, felt that unless they marked their displeasure and deprived him of his command, they themselves must suffer in public opinion for the comparatively unimportant results of the naval campaign, as opposed to their preposterously igno rant and boastful anticipations at the farewell ban quet. Hence it certainly does appear that they sacrificed Sir CHARLES to save their own credit— which by-the-bye was never worth saving—and this year sent out, under the command of another officer, a still more powerful fleet, assisted by a flotilla of gun .boats and small steamers, but which hitherto has achieved less than its predecessor, and has already expended three months out of the four for ga- pounus a year, wuscu ule nauvess 01 11111113 the Bailie neet last year. it is upon Inns very point scuscvcu would willingly see charged upon the revenue that the whole question turns. Sir CHARLES was expended three months out of the four for naviga. of India, for no money could be more benefi• sent out with a very fine, but for the duties it had to tion, in reconnoitring, tailing up infernal machines, cially laid out. perform, a most ineffective fleet—a fact now too and exercising great guns. We have no wish to THE PRESS. With such a tribunal in operation for the reception of these appeals we should hear no more of the scandals regarding India-house intrigues, which now fill the ears of every one who moves in Indian circles A native coming home with a case would then be able to approach the Crown with his petition in a regular manner. Ho might employ what counsel he pleased to argue it before able judges at any length thought proper. His appeal would thus be fully heard, and it would be impartially decided ; and, if he failed under such circumstances, his brother natives, as well as the Indian Minister, the Parliament, and the public, would feel satis fied that justice had been done him, and that he had failed only because his cause was wrong. We are sure that no one who fairly considers the necessary result of such a plan could fail to give it his approval. Nor would its indirect operations be more important than its direct ones, for the knowledge that such a check existed would probably make the Indian Government act with caution in such matters, and only proceed to extremities when its grounds were sure. It has been suggested that the object in view might be attained equally by appoint ing three high legal functionaries, not as a separate tribunal, but as a committee of assessors to the President of the India Board in all such cases. In other words, that the President should refer all such appeals from India for their examination and report — that they should be bound to act judicially and without bias towards either party — and that the President of the India Board, except under circumstanees of a great State necessity, should be guided in his final order on the case by their report. Even this—to which we cannot conceive the very shadow of an objection on the part of any one—would be received as a great boon by the natives, whose great complaint is not so much that their appeals to the authorities in England are un fairly decided, as that they are never heard. Even if they were heard, neither the Presi dent of the India Board nor the Directors are qualified by their habits and antece dents to sit as judges in the last resort on cases which require for their proper investi gation a judicial temper, and for their proper decision judicial knowledge and experience. SIR CHARLES NAPIER AND THE ADMIRALT Y. AT the late re-election for the borough of Southwark, Sir CH►RLES NAPIER took the opportunity, as we observed last week, to state his case a second time to the public. Without question, it is highly discredit able that any dispute at all should be allowed to continue between the Admiralty and one of its most gallant officers ; and, moreover, that no attempt should be made by the Admiralty to set the points at rest. It is neither conducive to discipline, nor advantageous to the good of the service, and the public, we believe, would be glad to see the affair thoroughly sifted and settled. Sir CHARLES WOOD has superseded Sir JAMES GRAHAM, and there ought now to be no difficulty about the matter. It is a poor evasion to say that Sir CHARI.ES NAPIER'S letters—the only things he appears to insist should be published—contain plans which it would be to the ad vantage of the enemy to make public ; for the authorities must admit that they seem in no way disposed to make much use of those plans, whatever they may be ; and no other excuse has yet been offered. At present, the state of the question appears to be this : Sir CHARLES NAPIER says that he was dismissed from his command, and his character sullied, by such au arbitrary act. The Admiralty reply that Sir CHARLES is a very gallant officer, but—they chose to appoint a successor. With regard to the first point, the term which Sir CHARLES makes use of, "dismissed," is, we think, scarcely jusitified by the circumstances of the case. But the second point of Sir CHARLES'S complaint is the more serious and better founded of the two. His character has been sullied, not by his self-called " dismissal," but by his non-reap pointment to the command, and it is clearly the duty of the Admiralty, in common justice, to afford the Admiral an opportunity of proving to the public that he did his duty when in command of the Baltic fleet last year. It is upon this very point whole Sir CHARIF.S