The Sun.
London, England, 1856-04-15 00:00:00

MPERIAL PARLIAMENT. i

HOUSE OF LORDS—(YE6TERDAY).
The LORD CEIA.NCRLLOR took his seat on tho woolsack
at five o'clock.

TORTURE IN INDIA.
The Earl of ALBEHA.RLE ross, pursuant to notice,
- to present a petition from certain inhabitants of the
Presidency of Madras, complaining of the infliction of
'torture by the officers of the Government ; attribut-
log the practice to weight in the assessment of the
Government revenue ; and praying for protection ; also,
---that by a report lately laid on the table it is
proved to the entire conviction of the house that tor-
. ture, or the infliction of pain, for the purpose of
confession or extortion, has long been practised, and
still continues to be practised, by the native officers
of Government, in the realisation of the public revenues
and the administration of criminal law, to a greater or
ess extent, throughout all the twenty provinces con-
estituting the Government of Madras ; that the aforesaid
torture, although clandestine and unauthorised, has been
for many years known and admitted by the constituted
authorities at home and in India, as shown by the public
records ; that this house views the aforesaid practice of
torture, affecting so many millions of her Majesty's
• subjects, whether as an instrument for the realisation
of the public revenues or the administration of criminal
law, or for any other purpose whatsoever, as repugnant to
natural justice, abhorrent from humanity, and highly
disgraceful to the character of this nation ; that this
house hereby pledges itself to use the most effectual mea-
,sures within its power for the annihilation of the odious
.ared barbarous practice of torture within the
above-mentioned Government and Presidency of Ma-
dras." The noble earl then entered at some length into
the various horrid means which the Government
. officers employed to collect the revenue, and ex-
- plained the pain inflicted upon the unfortunate
beings who were sentenced to undergo the in-
fliction of torture. In some cases the tortere
Was so strongly employed that death shortly afterwards
followed. Indeed it was upon record that death
had followed torture for the non-payment of revenue.
Amongst the many tortures inflicted he would mention
some of them—for instance, exposure in the sun in cer-
tain postures, with weights placed on the back ; tying
the victim by the hair of the head to the tail of a
.donkey, and, dragging him, thus attached, a
great distance along the ground ; severe beating
with cudgels, tearing the flesh with iron pincers, forcing
thorns under the nails, tearing women's breasts with
lianaboo pincers,, pulling out the mustachios, inserting
cayenne pepper in the eyes and nostrils, and other
`similar barbarities. The noble lord then quoted a
number of cases from a report that had been
'bade to their "lordships' house to shoW the univer-
sal belief in the -minds of the natives of India was,
that the infliction of torture was sanctioned and carried
on with the full concurrence of the British Govern-
meat. That torture was constantly resorted to
was -well known, and admitted by every official
from the highest to the very lowest, and he thought
that it was evidence of connivance that it should be so dif-
ficultto obtain an adequate punishment, when the infliction
of -it was proved before European officers. Dismissal
from office had followed conviction in some cases, but
that was not sufficient punishment, as he thought. the
Lord Chief Justice would agree with him, for parties
found guilty of such atrocious acts of cruelty. At the
close of .the last century regulations were made by Lord
Cornwallis for separating the administration and col-
lection of the-revenue for police purposes ; but in 1816
the regulations were superseled. 'Upon this subject Mr.
Fallarton, a- most able officer of the company, expressed
the strongest apprehension of the result of again conti-
:ming the two offices. The noble earl read a despatch
from this gentleman to the Eactt India Company, which
bore out the opinion expressed by the noble earl as to
,the impolicy of repeating Lord Cornwallis'a distinction.
The main point for which the East India Company was
responsible was that, with all this evidence of cruelty
before them, the directors had, no later than September
of last year, recommended the adeption cf the same sys-
tem in Bengal, and be had every reason to believe that
already torture was practised in that presidency to a
grea,t extent. The great cause of all this evil was
over-assessment of the people—and what was neces-
sary was that a fixed and determinate .assessment
should be made, and that it. should not be
left- as it now, was, in the hands of numerous
and all but irresponsible agents. It would also be a
matter of great importance, and productive of great be-
nefit to India, if a larger number of native servants were
employed. He had discharged a painful duty in bringing
this matter before the house. The house would be
Ashamed of the fiendish malignity of the native servants,
and of the apathy of the civil servants of that country.
Ire knew not how sufficiently to express his abhorrence
of that joint-stock undertaking to which we had farmed
the Indian empire ; and they owed it to God and to their
country to put an end to the existing state of things.
The noble earl concluded by moving his resolution.
The Duke of ARGYLL: said that the Government
fully concurred- in every word which had been said by
the noble earl on the subject of torture in India, and he
considered it his duty to say that her Majesty's Govern•
ruent looked upon the subj set with abhorrence, and
regarded the system of torture as not oily injurious
to, the best interests of the empire, but opposed
to every consideration of justice and good policy. It was
hardly three years since both houses of Parliament were
engaged inan inquire-respecting the renewal of the char-
ter to the East India Company. So far as the oommittee
of that house was concerned, he was not aware that a
single whisper had been heard on the subject of the prac-
tee of torture in India, and ha should certainly have ex-
pected that had it been a known fact that either the
British Goi-ernment or that of the East India Company
practised'it, it would have formed one of the most pro-
inleent features of the inquiry. There was, theiefore, it
would appear, a most remarkable degree of ignorance on
the subject. The practice of torture in India was first dis
covered in consequence of A statement made in another
place, to the effect that torture was practised. in Lolls.
That statement was denied by hon. members connected
With the East India Company, and by the right hon. hart.
the then President of the Boasd ofOontrol. Ifer Majesty's_
Government,on thus lieeringfor the first timeof the cus-
tom of applying torture,appointed a commission to inquire
into the subject, and within ten months from the date of
the issue of that commission the evidence and report on
the -subject which was now before' their lordshipe. Teere
head therefore been no want of energy on the park of the
Government in inquiring into the custom, and it was
most unfair to charge anything like an encouragement of
the system upon the British Government. Neither was
it true that the system had- originated with the British
Government.. -On the contrary, it was one which had
been inherited from the empires that bad preceded us.-
The noble duke referred to the report of the commission-
ers, from which he read several extracts, showing that
the system of ,torture was one that was ingrained in the
allele social system of India, and was invariably prac-
tised by the inhabitants in every relation of their life.
The great ignorance which existed 'on the subject of the
existence of torture, notwithstanding its exten<iive prac-
tice, arose from several causes—aniong others, the very
large extant of the territory entrusted to the maxis'
trates, and the fact that nothing of the nature of torture
is ever inflicted in the presence of Earepeans. Several
extracts were read from the report of the commissioners
in confirmation of this explanation as to the causes of
the 'existing ignorance on the subject of torture. In for-
mer years it appeared that the subject had been brought
- under the notice of the Board of Directors, and since the
yeae 1819 there had not been less than ten occasions on
which the courts of justice had issued orders to prevent
the continuance of this practice. With reference to "the
junction of police and revenue offices., to which the noble
earl. had referred, the commissioners in their-rsport con-
demned the system in the strongest manner. But
'wheo they found that the system was one ed voeated by
such high authority as Sir Thomas 1 lonr,,e, it was
baldly fair to make charges aesainst the Basi Gevern-
"lent and the East India Company for haying adopted
thiS system of the union of the two offices. rho rare
important (location, however, which the house had to
consider Was, what steps .ought to be takoo in order -to
put an end to this ahominablesystem. L ord 11;irii,s, the
Governor of 111adsas,
had expressed himself strongly in
favour of adopting some
most stringent steps in order
to put a 'stop to the system, and evict of his suggestions
was the employment of a much larger number of Euro-
pean servants ;,but there existed veiygreat difficulties
the way of giving this increased employment.t, He (the
Duke of Argyll) trusted that it woula
possible
to effect a co-operation betweas the revenue and
e
service*, and to put an end to the system of thnelcaticiumoafl
find from a despatch
assessment of laud, which was found to be prod
so Many evils. He was happy t.
laid, before the house that evening, that alreadya4 tdhie.
Court cf Directore of the East Ladle Company b
rested the atteotion of the, civil servants to the neces
sity ofesubstituting a fieed fur an annual assessment
of -the` land.- The whole subject was at preaent
under the consideration of her Majesty's Goeern-
rnentiand as the resolutions prOposed by the noble.
lord would not be productive of any. pracical advan-
tage if _agreed to, but would on the contrary convey
an errorreens opinion if adopted .by the bowie in the
original shap.es he, would add a few amendments
the xesolution, the effece of which would be to show that
the sistern of torture had not been originated by. the
British Government, and that its practice had been 0-
elated to-bellle,,;•al by the,British Government. The Heide
duke ontildcw hyiriovinß his amendments accordingly.
The Marquis of CLANRICARDE agreed with the
no-geSdalie in the opinion expreseed by him as to the
iothirAnce which existed by all the leading statesmen of
the-country on the subject of the existence of torture
in India, and believed that had such a system come to
their hnowledge, they would have adopted the most
energetic measures for the pureose of putting an end to
the practice of torture.'-He trusted that cfleotnal mea-
sures ,would he taken to abolish the system which had
so long prevailed, and' which had been so justly cen-
urea. (Rears)

HOUSE 01? CONIAIONS.—t•Y ,-ESTERDAY.)
The SPEAKER took the chair at the usual hour.

NEW. MENIBER.
. .
stir. TOTTENHAM took the oaths and his seat for Neg.

Ross.
Sir J. WALMSLEY presented a petition praying for
an alteration of the law .with respect to the property of
married women,

FISHERY HARBOURS.
Mr. E. ELLTCE moved far a return of sums of
in )ney advanced on public account since Jan., HA I.)r
building, adding to, or otherwise improving and main
tabling fishery harbours in Ireland ; and also a similar
return relative to Seltland.—Agreed to.
CANAL TRAFFIC. '
Mr. 11. BROWN asked the Vice-President of the
B >ard of Trade whether he intended bringing in
a bill for the better regulation of railway and canal
traffic ? And whether he intended bringing in any bill
for the better prevention of accidents on maw tys, by a
more defined responsibility of railway officials?
Mr. LO WE said it was not his intention to bring in
a LH on either of the subjects.
HAY FOR THE CRIMEA..
Mr. W. WILLIAMS asked the Under Se.cretary
f,r War whether comp'aiuts had barn received that hay
sent to the Crimea had been of bad quality and in a
damaged. state ; and, if so, whether he would lay on the
tai,U) of the house the information received on the sub-
ject? - - .
Mr. F. PEEL—No such complaints have been
received.

FOREIGN TROOPS.
Celnnel DUNNE asked the Under Secretary for the
War Department, why a return of the pay and allow-
ances of the foreign troopi in the Briti,?h service, ordered
smne time since, had not been laid on the table of the
house ?

Mr. F. PEEL—The return was presented to fie house
t'vo or three days ago.

ST. JAMES'S-PARR.
Viscount RAYNELIAI asked the Secretary 'of State
fur the Home Department whether, p 3nding a-1y altera-
tion in St. James's-park, the privilege and Brea: conve-
nience of passing through the perk in cabs would be con
ceded to the public ?
Sir B. HALL said ho stated the course he intended
to propose a few evenings ago. Those alterations he in-
tended to state to the !aline qn Friday next. .His hon.
friend the Sserstary of State was too ill to attend., to
answer the question of the hon. member, but on the
evening mentioned he had no doubt he would receive
every information he required.

THE NATIONAL GALLERY.
Mr. VERNON asked the Chancellor of the Exche-
pier whether it wa3 the intention of the Government to
intr.:Once a bill fur the parpoae of enabling the Govern-
inefor the trustees of the National Gallery to purchase
entire collections of pictures, with the view of selliNv
snQii portions of such collections as it may be undesir-
aloe or unnecovary to retain in the Gtllery ?
.)Che CHANCELLOR of the EXCHEQUER Faitl'a
i 4 was in preparation, and would shortly be intro-
'

Air:wiilo i;AILLIE begged
__. REC RUITING 'IN AMERICA.
alietrabill.7; to ask the noble viscount
~ the paper-4 lelative to recruiting. in _ .A_ morica
would, depend whet
wyuld be laid on the
On the answer he received
that stood on the would brin, on the motion-
L9Yd PAILNLaS7O"I I)l"ainethat' evening. -
. N said the
documents that Lutist
„ie. jes?arily form the ground
age been
of the answer to be
given had--bat a short time
contained tt good deal of detail, and e received' They. although Lord Cla•
rervion was occupied in badness f
:;till -trarNaCted
the
duties
of
ti.l
office
importance he'
i ...e as far as he colVd
(~ttsistentljr I,4:ith the d utiea in which he wag g -
3 thenen ag
.
The ansWer'to ho given .to Mr. Dallas required to t
on),t carefully framed, in order not to envenom a. di°n s bc
F,iyo which he thought had already gone too far. Lord Ctlag.
rrndon, he bad no doubt, would very shortly return to thiS
e qintry, and,: under thorn circumstances, he thought
that next week he should be able to submit the whole
correspondence to the. house. , (Flear, hear,) ..
Mr. BAILLIE said un,ler those circumstances he
shr,uld postpone bringing forward his motion to a future

The Earl of ELLENTLORO-CIGEI said be had been
,
clogear-connectea with Indian afrtirs for a period of five
years, and during the whole of that time he never enter-
tittne I' Abe slightest --stypicion that t'he practice of I S:r D. L. EVANS said he should also postpone his
ctortatre exiited in any part of lailia,
and if he had heard-t .17narlment on the-subject until the evening on: which
.
such alelarge made before reading the • book on their t the hon. meMber hrought forward his motion. -
lordshipS7 ta,ble. he should havt.frepurtiate4 it with indi,- L -,..: FALL OF EARS. : - -
, .
nat;,,n But it, was now certain that the practice had Mr, WHITESIDE gave•notice that on an early day
coutintly existed, in a more or less degree ; e practice he should move-6 That this house, while expressing
dirlie4 frau a moornmedan government, but c ntinued its ainuiration of the Turkish soldiers and the conduct
by our own:- (Hear) We had now held those countries of the Britsk army at Ears, also feels it its duty to ex-
or more than filly years, and it was to him a
matter of press its conviction that the capitulation of that for-

tlireelitetintirprise mid-regret-that silence should have
been so completely maintained, on the part of those who
were cognisant of the facts, and that they should never
have bean br•ught prominently under the notice of the
head of that Government: (Hear, hear.) He would not

attribute connivance with the practice to the members
of the civil service in India, but he must be permitted
to say that ho did not think the officers of that service
had shown the sensitiveness upon the existence of so

dreadful a crime which might have been expected
from the feelings of English gentlemen. (Hear, bear.)
It was most extraordinary that, except in a very few
cases, the punishment for these offences should
have been so strikingly inadequate—(hear)—and that
' in so many cases the magistrates should have held the
offence to be not proved, and that in others they should
have consented to a compromise between the tortured
man and the person by whom the torture was inflicted.
(Hear, hear.) He looked upon these things with more
than regret, and hoped the Home Government and the
Government in India would make the gentlemen exer-
cising authority under them fully understand that the
administration of British India was hereafter to be con-
ducted in a very different spirit from that in which it
appeared to have been conducted. (Hear.)
Lord MONTEAGLE said that if the noble earl never
suspected or beard anything of the system of torture
which prevailed in India during his residence there, there
must have existed an organised duplicity and a conveni-
ent suppression of facts. (Hear.) When the committee
on Indian affairs were appointed, it was understood that
the result of their inquiries was to be the foundation
of future legislation ; but the question of land ai-
sessment, and the subject of the finances of India, were
never entered into. There was one other circumstance to
which he might for a moment or two call attention—
namely, as to the question whether or not this system of
torture was or was not confined to the province of Ma-
dras. The noble duke (the Duke of Argyll) had spoken
as though it were confined exclusively to Madras. But
let them see from the evidence of Mr. W. Elliott, which
was now before their lordships in the form of a bluoboolc,
w'iat was the real state of the case. That gentleman, who
a as an eyewitness, stated that, of his own knowledge, simi-
lar practices prevailed to a very great extent at Bombay.
And he added that so far as various districts were con-
cerned he found them to prevail in a greater degree in
Bengal. Here there was the evidence of an eyewitness
which he believed was beyond denial. A noble lord who
had spoken had sta'ed that the law was sufficient to re-
press these torture.. If that were the case why had it not
suppressed them hitherto ? What he (Lord Monteagle)
most relied upon was the discussion of the matter which
from time to time took place in that house, and which
be trusted would, when they reached India, have the
effect of making those who wore high in office look after
those matters. He could not think that those practices,
horrible as they were, could be in any manner excused
from the conduct of those who had preceded us in these
b.mrbarous times. They might as well embrace Mationo-
medanism on the same teries, or the worship of Jugger-
naut, or other debasing superstitions which the inhabit-
ants had received from those who had conquered them.
We mighttakefrom them their territory or wealth, but do
not let them take an inheritance of crime, which they
would certainly do if they followed the misdeeds of their
pre lecessors. It was their duty to teach the people of
India civilisation and Christianity,but it wag not by these li
tortures to the breasts of women that they could recom-
mend the Gospel of Christ. He hoped that the bine-book,
lie had quoted would be circulated throughout India, and
that it would work some good results there. If the Par-
liament of this country and the governors of India neg-
lected their duties, and threw aside their former glorious
precedents, they would make themselves responsible for
those who in times past misgoverned that country.
The Earl of HARD OWEY could not consider that
the Government of this country had been guilty of such
misdeeds as had been adverted to by the noble lord.
They had inherited an enormous territory, and it was true
that they had not been able altogether to uproot throe
great evils which were so deeply engraven in the habits
of the people. It had been said that there was not so
Much indignation on the part of officers as there ought
to have been. It was constant familiarity with such
evils that had to some extent rendered men careless ;
but it might be hoped that they would be re-tempered,
and that gradually the evils would cease as knowledge
and religion became more generally spread. (Hear,
hear.) In the northern districts of India, and in Sciude,
and where an independent . spirit prevailed, the inha-
bitants might be protected ; but where they were cowed
in spirit and looked upon the evils which had been
described as part of their rule, it was difficult to taae
them out of the range of their influence. In England
such a course was easy enough, because every man re.
Emoted an injury and brought it under notice so soon as
it was inflicted. He hailed discussions like the present
as being likely to be productive of much good, except so
fer as they conveyed to foreign nations what he trusted
might not prove the fact —that when such matters as
these were brought under the notice of the Leeistature,
no further notice was taken of them. He bad seen it
stated in a book written in a foreign language, and jus-
tifying, the conduct of the King of Naples, that England
inflicted worse cruelties upon her subjects in India than
v. en ever inflicted in Italy, and this was accounted for
by the fact that England was a Protestant state. Ho
hoped that by our conduct we should not allow such an
impression to prevail. He knew that Lnrd Harris wa,
;,t present engaged in a chose investigation of the sub-
jsct, and he had no doubt that what had taken place
would stimulate all in authority to put an end to evils
of such great magnitude. (Hear, hear.)
Lord CONGLE roN was satisfied that no beneficial
result could be expected until there was a separation be-
t seen the revenue department and the police. Those two
c'a,sses had entered into a combination to pillage the
people for their own advantage, and as far as the natifes
were concerned, i; was a state of lawless barbari,m. He
trusted the noble duke and. the Government would take
speedy measures for the reparation of the two depart-
ments.
The Earl of ALBEMARLE said it `had been re-
marked, in taking the course he recommended, greater
tvils would be inflicted than those he condemned. He
could hardly conceive worso evils than those he had
mentioned that evening could, under any circumstances;
prevail. (Hear.)
The resolutions as amended were then agreed to.
The house adjourned at 20 minutes before 9.