The Press.
London, England, 1854-09-16 00:00:00

THE PRESS.

we explained last week, is confined to a
small circle round each presidency, there are

no such tribunals for the administration of

justice in India. Selected from among the
holders of lay offices—wholly ignorant of
law—removable at pleasure--and compelled to
consult in all things the wishes of the Govern-
ment, on whose favour all chance of future

promotion, or even present tenure of office,
depends—the district judges are, in all cases

in which the Government is concerned, mere

instruments for giving legal effect to its

desires.

If the cases in which the Government is
thus concerned were merely political, the evil
would be a matter of less consequence, as
scarcely affecting the position of the people
lenerally ; but when it is considered that in
ndia the Government is not only the political
head of the State, but the landlord of the nine
hundred and twenty million acres (except
remaining native States and Jaghires) con
tained within its boundaries ;—when, even as
respects native States, it now puts forth the
claim to be heir as suzerain on the death of
the holder without male issue ; or, as respects
Jaghires, on the decease of the actual holder,—
it may be conceived what a prodigious number
of cases there must be in the shape of claims
for rent, ejectments, &e., in which the Govern-
ment in India is perpetually suitor in its own
Courts and before judges appointed by itself.

But if its position as suitor in Courts estab-
lished by itself, before judges removable at
pleasure, and who, whenever they venture to
thwart its wishes, are practically and very
painfully reminded of their dependence,—if
this be a position incompatible with any chance
of justice to the ryot who dares to contest its
will, the claims of persons circumstanced like
the Nawab of SURAT have still less probability of
meeting with equitable consideration, as they
are not allowed the small chance of justice
which a trial before a Zilla Court would in the
outset afford. The reason of this is that, if tried
in the Zilla Courts, the case would be appeal-
able by law to the Sudder Adawlut, and thence
to the Privy Council in England ; and, though
the Company might have little to fear from
the two former tribunals, they would have, in
the latter, to face a Court altogether superior to
their influence.

To avoid, therefore, a course which would
prove fatal (as it has proved fatal within the
Supreme Courts' jurisdiction) to attempts
to deprive natives of their hereditary lands,
or hereditary pensions granted by solemn
deed in consideration of lands or valuable
privileges voluntarily surrrendered, at a
time when the Company's sway was but half
established, such cases are not sent for trial
to the Adawlut judges, but are remitted for
decision to persons specially appointed, whose
opinion in the case has usually been ascer-
tained beforehand, either indirectly or directly,
in the shape of a preliminary report to Govern-
ment. Should such report be unfavourable to
the views of Government, the case is not
dropped, but the formal adjudication of it is
postponed, or it is remitted for adjudication to
some other civilian appointed as Special Com-
missioner, and known to be more pliant. Such
officials can never be wanting, so long as pro-
motion or even actual tenure of office shall
depend entirely on subserviency to the Go-
vernment. Against a decision thus obtained
the aggrieved native, as may be supposed,
appeals to the local Government in vain ; any
appeal to the courts of law is inadmissible;
and, should he represent his wrong to the
English Government, he is told by Sir CHARLES
WOOD that the India Board cannot enter into
the case, or it would be besieged by similar
petitioners for redress. Hence the univer-
sality of injustice in Indiais alleged as a reason
for refusing to remedy it in any single instance.
It is this flagrant system of wrong that Sir
Frrzavr KELLY proposes to introduce a mea-
sure to put an end to, and we congratulate
the people both of India and of this country
that the subject has been taken up by a jurist
so eminently qualified to do it justice. We are
not conversant with the details of his measure :
probably he has not yet settled them himself