The Sun.
London, England, 1853-06-04 00:00:00

but it now turned out that 22 years' service in India is re-
quired before a man is put on the bench. But the best
evidence which can be given on this subject is that which
was given by several persons with reference to the implicit
confidence reposed by the natives in English judges. They
ought to know better than we can do whether the person
placed over them are worthy of their confidence or not,
and we have the most decisive testimony from persona of
different descriptions that the feeling I have describe( is
almost unanimous amongst the natives. Hardly any per-
son has appeared before us who seems better acquainted
u
with the natives of India than Mr. Halliday, who sayso
this point :—" So far as regards the integrity of the judges,le
the confidence of the natives is complete. They have_
or no notion of the possibillity of corruptingi anE_neelish
judge. I know from continual interceurse.w with _ the
down
na-
tives, from the commencement of my service iiti/e lloioorrup.
to a very recent period, that they look uponthEnglish judges
tibility, truthfulness, and integrity
as something quite by itself." Mr. Moafrkhamacrssttatthede
natives
tvhees
had found that the general impression amongst
of India, with two or three exceptionSi:laiitheast an English
a.
id The
judge was absolutely incorruptible. M
native has a general feeling against the honesty of all judges ;
feeling has given way
but I think that this general
entirely, and, as a general rule, the natives believe the
English judges are usually honest. A native Indian—a
Parsee from Bombay—also stated that there were many
civil servants filling the offices of judges who thoroughly un-
derstood the duties of their offices, and were quite compe-
tent to discharge them. It must be remembered that in
this country we have one language and one law ; but in
In India there are many languages and many systems of
laws ; and to each man the law of his own nation is ad-
ministered to the best ability of the judge—to the Maho-
metan, to. the Mahometan law; to the Hindoo, the Hindoo
law ; and to the native of any other country, the law of
that country so far as possible. And yet, notwithstanding
all the difficulties of the case, these various laws are ad-
ministered pretty well to the satisfaction of the parties
concerned, as far as the English judges go. An hon.
gentleman cheered me when I referred to the integrity of
the English judges, as if he thought that it was their com-
petence which was the point in dispute. It would require
mere knowledge than any one here possessed to decide this
question but we have some test of the competence of the
English judges to discharge their official functions if we
look at the manner in which their decisions have been
dealt with when they reach this country. An hon. friend
of mine has lately moved for and obtained a return of all
the decisions of the Privy Council with reference to ap-
peals from India. Now those appeals are made from two
courts—from the supreme court, which consists of Queen's
judges—barristers sent from this country, and from the
Sudder court, composed of the company's judges, who are
civil servants, who have spent their lives in India, and
have been ultimately raised to a seat in the highest court
of judicature in that country. Now it appeared from that
return that, since 1830, out of 90 appeals from the Sudder
courts, 62 had resulted in the confirming of the decisions
of these courts, and only 28 in their reversal ; that was,
two-thirds of their decisions were confirmed, and one-third
were reversed. From the supreme court there were 36
appeals, 10 of which resulted in affirming, and 26 in re-
versing the decision of the court below. So that while
two-thirds of the decisions of the company's courts were
affirmed, and only one-third was reversed, only one-third
of the decisions of the Queen's judges was affirmed, while
two-thirds were reversed. Well, now, I must say, after
that statement, it does seem to me impossible that we can
suppose that the company's judges are utterly incompetent
to discharge the duties devolving upon them. Their de- ,
cisions, and those of the ablest men sent out from this
country, are submitted to the ablest lawyers in this ooun-
try—to the same tribunal ; and certainly the result of that
appeal is most favourable to the competence of the com-
pany's judges. Now, with regard to the native judges and
officers, I am afraid that there is some truth in the asser-
tion that there are amongst them improper and corrupt
practices, the remains of the ancient system of the admi-
nistration of justice sn India. But it is most satisfac-
tory to find, from the evidence of a highly competent wit-
ness, that of late years a great improvement has taken
place in the tone of these courts and in the whole of their
practice, in consequence of the judges being raised above
the temptations which formerly beset them, and which,
in some cases, undoubtedly influenced their judgments.
This is a subject of more importance than the house might,
perhaps, at first sight be disposed to think, because, in
consequence of the very largely increased employment of
natives in the judicial service of late years, a very large
proportion of the civil suits in India are now decided, not
by European, but by native judges. It appears from the
evidence of Mr. Mill, the head of the judicial department
in the India House, before whom the statistics of the
judicial decisions come, that of the aggregate amount
of cases, including both original causes and appeals
coming before the tribunals, there are but six or seven
per cent. disposed of by English judges, the re-
mainder being dealt with by the native judges; and that
of the original cases, only one per cent. is decided by Euro-
pean judges. I think that statement must be satisfactory
in two respects ; first, as it shows to what an extent the
natives are now employed in that branch in which their
services are most available—namely in the administration
of justice • and secondly, as it shows that the native courts
are gradually improving, and areapproaching the integrity
as well as competence of the English courts. Natives have,
too, been recently employed inmuch higher situations than
they formerly were. The Marquis of Dalhousie recently
took the, I believe, unprecedented step of appointing a
native to the situation of a magistrate of Calcutta. Mr.
Halliday states that this appointment caused very great
dissatisfaction, not only amongst the English candidates
for the place, who naturally were offended, but also
amongst his native brethren, who were exceedingly jealous
of his unprecedented elevation. Mr. Halliday says :
" Lord Dalhousie appointed a Hindoo of high caste, high
family and character, stipendiary magistrate of Calcutta,
much to the annoyance of the English applicants for the
situation ; but the natives especially exhibited their
jealousy and dissatisfaction in so many ways, that the per-
son appointed complained to Mr. Halliday and his friends
of ` the bitterness of his position, and the pain and misery
which had been brought upon him by the constant attacks,
public and private, and the annoying petty jealousy which
he had experienced from his countrymen in consequence of
his elevation."' Now, Ido not say that that is any reason
for not appointing natives. (Hear, hear.) I am most
anxious that natives should be as largely employed and in
as high situations as they can properly be appointed to.
But still, it is evident that it must be often disagreeable to
a native to receive an appointment to a situation, when he
feels that he will be exposed not only to the envy but to
thejealousy and annoyance of those who if they partici-
cipated in our feeling, should have been proud, instead of
jealous, of his elevation. I pass on now to the subject of
public works. This subject is undoubtedly one of the
greatest importance not only as regards the welfare of
India, but the interests of this country in connection with
India. It is a subject which has been pressed not only
upon my attention, but also upon the attention of those
who have preceded me at the Board of Control, with great
earnestness by gentlemen interested in one of the largest
branches of our manufacturing industry—l mean the ma-
nufacture of cotton. More than one deputation has done
me the honour of waiting upon me. They certainly took
the most unnecessary trouble of deprecating the supposi-
tion that they were actuated only by selfish motives in
pressing a subject of that kind upon the attention of the
Government of the country. Certainly it never occurred
to me that they were actuated by any such motives. It is
a subject of great importance to this country to increase
the supply of cotton by every possible means. I think
that it is a great evil, and one most desirable to avoid if it
is possible, that we shouldbe dependent on a single country
for the supply of an article which is so largely consumed
by us as cotton—an article which employs so many thou-
sands, I might say millions, of our population. And, there-
fore, so far from blaming them for the step they took—for
being anxious, for having stirred, nay, even for having
agitated on this question—l think we should be grateful to
them for having called the attention of the Government of
India in this country more prominently than before to a
question of such vital importance. I have already stated
the obstacles that have existed in consequence of the large
expenditure caused by the political situation of India
for some years past, and the consequent inability of the
Government to devote so large a portion of the
taxes to works of public importance as would even
looking merely to the revenue, have been advan-
tageously applied to such purposes. But, on the other
hand, it is a subject which has attracted, and is attracting,
more and more attention, and more and more consideration,
year and year and day by day. A return has been moved
for and will shortly be laid before the house, which shows
very satisfactorily the increased attention which has been
nevoted to this subject of late years. The return, which
embraces a period of fifteen years, shows the gradual in-
crease which has taken place in the sums appropriated to
this purpose. It is, I ;pay also remark, confined to certain
classes of expenditure, which are enumerated. It appears
from this that the expenditure during the first five years
was 250,0001. ; during the second five years, 240,000/. ; and
during the last five years, 400,0001. Showing, in the last
five years—that is, from 1847—an expenditure nearly, but
not quite, doubling the expenditure of the previous five
years. The total expenses—cost of establishments and con-
vict labour—are not included in this calculation. If they
were, they would nearly double it, or raise it to about
700,0001. ; but for the purpose of comparison I take the
figures as they stand on the paper, which show an increase
of about a quarter of a million in the last five years, as
compared with the first five. There is another great sub-
ject of complaint—namely, the deficiency of roads in many
parts of India, where it is said sufficient attention is not
paid to their construction, thereby causing them to be ex-
ceedingly imperfect. But, on the other hand, I would sug-
gest that what has been done with respect to those roads
should be taken into consideration ; and I think it will be
found on inquiry that more has been done for their im-
provement than many hon. gentlemen are aware of. In
some of the papers there is an account of what has been
done in this respect, and I hope the house will allow me to
state some few items as to the way in which the construc-
tion of roads has been carried on, and showing what means
of communication has been established :—` In Bengal a
great trunk road has been commenced. The whole length,
which will be completed within two years, is 1,400 miles.
The portion already completed is ppwards of 900 miles ;
and over part of it the mail proceeds at the rate of between
10 and 11 miles an hour. It is watched and guarded, from
one end to the other night and day. Unprotected persons,
women, and merchants with the most valuable articles,
travel both night and day without fear or apprehension.
This great trunk road is macadamised, and smooth as a
bowling-green. Travelling is ten miles an hour. Provision
depots are established, guard-houses, &c., every two miles;
an officer for every half-mile in Mr.ltaikes's district. ' Par-
ties of wearied merchants are spending the night all along
the road under the canopy of heaven' Losses by robbery,
;by theft, only 4d. per 1001. Open from Calcutta to
Issurnaul, 78 miles beyond Delhi, in all, 965 miles. In two
trensi_ will be completed to Peshawur-1,423 miles. In
Where the deficiency is supposed to exist to the
was allotted t!' the years ago a sum of 40,0001. a year
sorry to Hay e improvement of the road, though I am
there a road
of amount has not been expended; but even
completed. etn,lie greatest importance has been already
from madras and gent western road, to borders of Salem
traffic larger than oannitaalnovre, has b. een put in proper repair;
reduced one-third since road in India • cost of carriage
been made or repaired, o"6. Three different roads have
g Mysore and Coimbatere to
the west coast. Cotted f Peniclnoimbatore now goes to Penang
instead of Madras. Thepr:erci
zaige has already been reduced
from six to two rupees
cases all the difference betweOnnporfofi3t°°anlbelotns:kiinntgheinexmpaonrty.
In Canard, where in 1831 wheel,esod coaurrlii.itg:3 were unknown,
xof era road are
beyond the town of Banealore
otf, cotton,
completed, and six ghauts open. The
coffee, &c., have largely increased, and teheilr
fish piece goods doubled since 1838. A. goer rroasd.of
towards Trichinopoly has been formed?' On the E'otht
hand, " the great north road is in a very bad state. 240
miles of land along the line will be opened in connection
with the GodavFy: and ICistnah works, and Colonel Cotton
th uestion at thi
quite out of e q a mo.
says, therefore, it is
ment to waste money on the roads. The district roads are
generally wanting. In Salem, Madura, Tanjore, and Ca-
nary they are good. In Bellary and uddapah together,
and growing cotton and indigo altogether wanting ; only
30 miles for the whole. A direct line to Cuddapah has