The British Press; or, Morning Literary Advertiser.
London, England, 1826-08-16 00:00:00

India" are derived from the following principal sources,
namely, land and saver revenues of their territories in
Hindeostan ; (monopolies of ) the salt and op' sales ;
customs, allot duties, and profits, stamp duties, Post-office
collections, subsidies, and tributes, (as from Mysore, Tra-
vancore, Cochin, &c.) and other items of inferior moment.
Of all these, the principal source of revenue, beyond com-
parison, is the land-tax ; and this is collected upon the im-
mense class of native cultivators. It has long been a much
mooted question—" in whom the property of the soil was
vested at our fine coining into India?' At that period the
predominant power, which bee since leen termed, and
" the Pa la
of India, was poaseased
not unaptly,
and exercised by a 'Mohammedan dynasty; the fierce
bat splendid race of conquerors. which has given
to the most beautiful country of Asia so many Emperors
and Zsmorins, and which has perpetuated the fame of her
Mogul, maims from Titnoer to .knrengzehe. There germs
butliule doubt, however, that the prope. ty of the soil was
recognised, even by those despots, as in the Ityot, or culti-
eaten, who held his lands, indeed (as all subjects must
utitler a purely despotic government), at the will and
pleasure of the supreme tyrant ; but who had vet the I
power to dispose
.of, sell, bequeath, or transfer them to I
other hands. This Isrud-tax, which, under the dominations I
just mentioned, amounted to an average charge equivalent
to more than one-ball of the gross produce of the land, or
to GO per cont., war collected by a certain body of revenue
cfficers, denominated Zeinindars, who received, as their
reNvartl, one-tenth part of their collections, the remaining
nine-tenths being remitted to the Imperial Treasury. It
is well known thavin the year I leo Lord Cornwallis, then
Governor-in-Chief of British India, introduced what was
celled a " penneeent Z.mindary settlement," which had
the effect or aocamplinhing one of the snort exten-
sive and perhaps unwarrantable revolutions of properly
ever sustained by any people under an enlightened govern-
ment. It transferred, at once., the whole of the land to the
Zernindars (the hereditary revenue officers of the Mogul
Princes, and converted the Ryots into simple cultivators,
who were obliged to beg leases of their own fields from this
newly-created landed interest; while they, the Zemintlars,
were, in tip."' turn, rendered responsible to our Govern-
ment for a certain, permanent, settled rent-tax or revenue,
on account of 'such lands. This was the case with the
provinces of Bengal, Behar, Orissa, &c., in which the rent-
tax still amounts to about SO per cent. on the gross pro-
duce! The Indian Government at first indulged the
prospect of farming the main branch of its revenues at a
higher rate than it had ever previously realized ; hut the
Zetninelary, unable to make good their own stipulations,
were thetuselves ejected from their estates, and made room
for such as became the purchasers of the property. In
short, a ruin as rapid and complete as that which had
wrested their hereditary fields from the Ityots, now over-
took their successors ; anti the real landed interest of India
is at present represented by a few natives, once servants of
the Ilonourable Company s own Officers, and in every
respect precisely of that class and character whom it was
one of the favourite objects of time Zetnindary-proprietorship
scheme of Lord Cornwallis to exclude from the tenure of
lands within its territory. But within the Presidency of
Madras, the enormous evils of this immoderate assessment
are still more palpable and indefensible. There, the Ryot-
warry arc subjected to what is called a " temporary settle-
ment." That es, the unfortunate cultivator never knows
beforehand the amount of the tax he is to pay ;
but it is assessed annually, or otherwise periodically, upon
the produce of his crops. While, on the one hand, even
the visitations of the elements scarcely entitle him to a mi-
serable deduction from the quota lie should contribute; on
the other hand, no excess or abundance of his crop brings
withlt much advantage to him; for his assessment—itn-
moderate in the first instance—immediately rises in propor-
tion to the increase; and, as if the measure of their misery
was not yet full, the whole community of a village or dis-
trict is made liable, under an extra-assessment, to any de-
ficiency that may occur, in individual instances, upon the
estimated amount of this rent-tax, as taken, probably, at
the commencement of' the season, or while the crop was
yet growing. Of all :his, the shocking result has often
been that the ityot has been assessed at very nearly 70 per
• cant. (serfrows,(ls to 65 .per veto.) en the gross produce
of Lis land! 'That smith a system should engender all
kinds of vexation, heart-burnings, and anger, on the part of
the natives, is a necessary, though fatal consequence,
which can excite no surprise. That the Honourable Com-
pany should be desirous of rendering this well-spring of
their revenues as productive as possible is but natural, and
their anxiety upon ibis head is even justified by the fact,
that those among their collectors who have most increased
it, as Mr. Trent and Mr. Ross, certainly levied it on the
mildest and the most considerate principles which such a
scheme of taxation would admit of.
Now it Is demonstrable that in the course of four or five
years colonization would increase this revenue beyond its
present amount, relieve the Ryotwarry from about one half
of their present burthens, and ultimately realize to the In-
dian Government an income immeasurably superior to that
which it at present draws from its possessions. For since
the agricultural implements employed in Indian hus-
bandry, and the whole economy of that husbandry, are of
the rudest and most barbarous description,'" it is scarcely
possible to anticipate the immense advance which must
take place in the quantity and value of their crops, when
the hundreds of thousands of acres of waste lands that are
of the richest quality of soil, shall have been broken up by
English agriculturists, and English capital and skill and en-
terprise shall have been devoted to their culture. The
rental or the tax which the Company will derive from the
lands so occupiel will be in proportion to their almost
boundless, and at present most unprofitable extent. The
Ryot may then be allowed to acquire and accumulate
sowething like surplus crop and capital, without again
lavmg more than half his produce swept away at one
swoop to satisfy the demands of the collector. The free-
labour in which he will be invited to engage in the service
of the Colonist will supply him with the unwonted w ages
cf his hitherto desponding industry. The visible union of
his interests with those of British neighbours. friends, and
i imikrds„ will elevate Lim in his own respect, and stimulate
the hottest exertions of his awakened spirit. Ile will
rise in the scale of civilized society; and the powerful
impulse thus communicated to his spirit, and the associa-
teins with which lie will see it accompanied—the fortunate
alteiatlon of his condition, the protectlon of his powerful
patrons, the equal administration of just and impartial
laws, and the inviolability of his property—these will do
inure to destroy effectually, though gradually, the ruinous
institutions of castes, and all the political and religious su-
perstitions of his country that arc most hostile to the hap-
piness of man, than the exhortations of an hundred thou-
s eel )iissionaries, Mohammedan or Christian, Jesuits or
I'r !!,ins. Let then India be open to British coloni-
;: Anglo-Indians be admitted into the military
and civil services, under such temporary limitations as
may be deemed expedient—the Ryotwarry be thus re-
lieved—aud the permanency, the safety, the popularity,
the power, and the wealth, of the British empire in Asia
will be ensured and extended to a degree which the most
sin,;:iine supporters of the present order of things there
hive never ventured to anticipate. How much was to he
acted, however, by a very partial mitigation of that
vele lit favour of agricultural industry, the rapid success
of the European indigo-growers in Bengal might have al-
ter:fly suggested to them.
The particular districts of India in which these improv-
able and unoccupied lands occur—the various commodities
that might form the staples of a new, extensive, anti flou-
rishing trade between certain ports or cities of the Penin-
sula anti various countries of Europe, Asia, New Holland,
$ :c.—the most eligible stations for the establishment of
laanufactoriel conducted by European hands—l shall take
the liberty of indicating in the next and conclutling paper.
BRITANN ICUS.

THE BRITISH PRESS.

MR. WAKEFIELD AND MISS TURNER.

LANCASTER, MONDAY, AUGUST 14.
In consequenceof his Lordship having, on Saturday, appointed
eight o'clock this morning for the trial of Shorrock, and it being
generally repotted, that it was the Intention of Mr. Wakefield's
Counsel to twee the Court, that he be discharged upon entering
into sufficient sureties to take his trial at the ensuing Assizes, fur
the misdemeanour, the Court was crowded to excess at a very
early hour.
Immediate' after the rioters were arraigned, Mr. Sergeant
CROSS, Mr. TINDALL, Mr. J. WILLIAMS, Mr. PARK, and other
Counsel, engaged for and against Mr. Wakefield, came into Court ;
and
Me TINDALL informed his Lordship, that he intended to sub-
mit a motion, which, he understood, was to be opposed by the other
side.
Mr. Justice PARK said he could not hear the motion until the
rising of the Court.
At five o'clock, Mr. BROUGHAM, Mt. J. WILLIAMS, Mr.
'TINDALL, and Mr. PARK, eitmeagain into Court; and
Mr. COLT as AN stated to his Lordship that indictments had been
found this Assizes against E. J. Wakefield.
Mr. Justice PARK said he could not, on a criminal charge,
hear any motion until the parties accused were in Court, and had
pleaded.
Mr. TINDALL said, that with respect to E. G. Wakefield, he
was now actually in custody in the Castle for felony, and it was
every day's practice, when a person was committed for a felony, and
"no bill" found by the Grand Jury, for the Learned Judge to
order his discharge.
Mr. Justice PARK—As the prisoner's name is in the calendar,
I am bound to treat him as I would any other prisoner; and if he
stands there now to answer all charges against him, the proper
way is to have the charges against him read, and let him then say
whether he is guilty or not, and then I shall be ready to hear any
motion as to bail, or any thing else.
Mr. COLTMAN—But we contend, my Lord, that Edward Gib-
bon Wakefield is not bound to answer the charge this Assizes.
Justice PARK—But he is bound to plead.
Mr. COLTMAN—We contend, my Lord, that he can imperle.
Mr. William Wakefield was then called upon his recognizance*,
and having appeared, was placed isathe dock.
Mr. 'thNUALL said, it was not.usnal to place a person in the
dock who was out on ball for a misdemeanour.
Mr. Justice PARK having asked Mr. Hopkins if such was the
practice, anti having been answered in the affirmative, o'dcrcd Mr.
W. Wakefield out of the dock.
Mr. E. G. 11.eltefield was then placed at the her, and the Clerk
of the Crown having read the Bill found against hint, asked him
whether he was guilty or not guilty.
3lr. Covr max submitted, that Mr. E. G. Wakefield was not

bound to eked at this Assize"e. He apprehended, that a party wad
never bound to plead instanter, except in cases of treason or felony,
or where the party was in custody for a misdemeanour upon pro-
cess. In this case no process had issued against Mr. E. Otbbon
Wakefield, for a misdemeanour. Mr. Wakefield was now in cus-
tody for an offence, fur which no bill had been found, and therefote
he was entitled to his discharge in that respect. With respect to
the bill for a misdemeanour found at this Assize, against Mr.
Wakefield, he would submit that Mt. E. Gibbon Wakefield was
not bound to plead. In support of his argument, the Learned Coun-
sel cited Comyn's Digest, title " Indictment ;" letter I, title "
verse." By the common law, it was clear that Mr. Wakefield need
not plead to this indictment at this Assizes; and he (Mr. C.) knew
of no Act of Parliament which interfered with that common law
right, except fifith George 111. ,ihap. 4, white compelled a person
charged with misdemeanour to plead, after he had been in custody,
or out upon bail for two days, upon the charge. That Ace of Par-
liament, by using the words, " such charges," we rely, included
the charges upon which the party was in custody, and could not
apply to charges of misdemeanour (preferred against a man in cus-
tody fir a felony) at the Assizes, at which no bill for the felony had
been found. His Lordship was aware, that the first committal of
31r. Wakefield was under the Statute of Henry VII.' and that the
indictment now presented was under the Statute of William and
Mary. The injustice of calling upon Mr. Wakefield tg plead
would be manifest from this circumstance, namely, that Mr.
Wakefield might, upon submitting that indictment to his Counsel,
be advised to demur, or to plead to some parts of it, or to plead the
general issue.
31r:TorriaLt., on the same side, subMitted that it would be most
hard to call upon Mr. %Wakefield, at a few days' notice, to re-
model his defence, and to procure the attendance of other witnesses,
who might be necessary for his defence, in a case of misdemeanour,
after lie had been so long engaged in arranging such defence to a
capital charge. He, therefore, trusted his Lordship would beof
opinion, that the 60th Om. 111. did not, in a case like the present,
abridge the Common Law rights of the prisoner, and that his Lord-
shM would only call upon 31r. E. G. NI . to enter into recognizance'
to plead to all such charges ns should be brought against him at
then xt A ssises foe Lancashire.
Mr. Justice PARK—You have said nothing as to Wm. Wake.
field. I shall give judgment in both cases together.
Mr. TINDALL-1 understood your Lordship that I was to
confine myself to the case of Edward Gibbon Wakefield.
Mr. Justice PARK—Let the officer read the indictment against
William Wakefield.
The Clerk of the Crown having read the indictment, asked Wil-
lem Wakefield whetbm he was Guilty or Not Guilty ?
William Wetrefictd—.l leave it all 'teeny Counsel. •
Mr. COLTMAN said, lie believed the indictment now preferred
against 31r. W. Wakefield was founded upon the statute of Philip
and Mary.
Mr. J. WILLIAMS, for the prosecution—He is bound by his
recognizances before the Court of King's Bench, to answer all
charges which might be preferred against hint.
Mr. Justice PARK—That is the condition of his recognizances,
and I think, whatever becomes of Edward Gibbon Wakefield,
' Mr. W. Wakefield must plead, and proceed to trial.
Mr. COLTMAN submitted, that the recognizance' entered into
in the Court of King's Bench did not intend that Mr. Wakefield
was to answer all charges which might be preferred against him
at dies? Assizes. If that were so, he might be called upon to plead
to a libel, or to an assault.
Mr. J. WILLIAMS. on the part of the prosecution, disclaimed
all zeal or anxiety to proceed to trial unnecessarily, but he thought
the objection to plead rather premature. Probably, the prisoner
would not be obliged to go to trial, but there could be no injury
done to him by pleading. He considered that the objections urged
by his Learned Friend did not apply to a carte in which the party
against whom the indictment had been found was in custody.
Mr. BROUGHAM, on the same side, said the prosecutor had no
wi.i but to have every thing conducted fairly. Much of the argu-
ment of his Learned Friends might be spared, as the prosecutor
did not mean to deny the Common Law right of the prisoner to
traverse; but then there was this question, Was not that Common
law right abridged by the statute of Geo. 111. or, at least, was lie
not bound to plead now that lie was in Court ?
Mr. Justice PARK said the usual course was, for the accused,
upon a charge of misdemeanour, to be arraigned to plead, and then
to be asked whether he would traverse, or be tried.
Mr. litt o u &DAM thought it too much that 31 r.Wakefielel, being
now in custody, should not be compelled to plead, and then tell the
prosecutor se hether or not it was his intention to go to trial. In
point of fact, the prisonet had had sufficient notice of this indict.
ment, fay the only difference between it and the indictment which
might he preferred for the capital charge was, that the word " felo-
niously" would be in one, but not in the other. It was, therefore,
idle to suppose that the prisoner could be taken by surprise, by
being tried now instead of next Assizes.
Mr. COLTMAN said, their object in making the motion was to
avoid falling into errors. They could not gain any time by defer-
ring to plead. because, whether they pleaded now or not, they must
go to trial next Assizes.
Mr. Justice PARK—Are you ready to try the other gentleman
now upon both charges ?
Mr. TINDALL—No, my Loral; not upon the second indictment.
Mr. Justice PARK—As he is bound to answer " all charges," I
think his recognizance's will be forfeited. If lie don't appear to
answer, he must pay 2.000/. for himself, and LOOM tin his bail.
Mr. COLTMAN having been heard on behalf of Wm. Wakefield,
against the second indictment for the conspiracy,
Mr. Justice PARK—What difference can it make to him to be
tried now instead of next Assize, ?
Mr. COLT MAN said, they stood upon their right. The patty ac-
cused wished to postpone it, and he, of course, knew best what be-
etit could be derived from the delay. To the second indictment,
.1;e thought it quite clear that the defendant, Mr. Wm. Wakefield,
ould not he called upon to plead as he was not in custody, and
therefore the argument urged in the other case could not be cc-
tsorted to here.
Mr. Justice PARK.—But Lc is under recognizance' to answer all
charges.
Mr. TINDA L L.—YeR, my Lord ; but I ealimit that the true mean-
ing of these recognizances in the Court of King's Bench is, that he
will answer at these Assizes all charges of misdemeanor which might
be prferred against him in due order of law. Ile (Mr. Tindall)
submitted to his Lordship, that as Mr. Wakefield had a Common
Law right to impaLle, of which the 6thlt Geo. 111. did not deprive
him, the recognizances entered into in the Court of King's Bench
could not be construed in such a wry 85 to deprive the prisoner of a
Common-Law right, which an Act of Parliament, passed for the
regulation of such cases, did not interfere with.
Mr. PARK, on the same side, said that with respect to the genera
words used in the recognizance' entered into in the Court of King's
Bench, he should merely observe, that in giving sureties before a
Justice of the Peace, to appear at the ensuing Sessions, the wools
n't extensive those in the recognizance now before the Court.

were as extensive u ti...
but it never could be inn