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

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