The Sun.
London, England, 1860-11-23 00:00:00

CONTENTS

INTRODUCTORY CHAPTER on the Physiological
,tructure and Functions of the Reproductive Organs.
CHAPTER IL—Causes of Spervaatorrham and impotence;
,'arlv Vicious Indulgences; Dangers of Neglect.
CHAPTER ITL—A Review of the various Disqualifications
4 Marriage ; whether resulting from Youthful Abuse, the
Follies of Maturity, the Effects of Climate, or Infection.
Cil APTER IV.—The Author's plan of Treatment, Medical
end Moral, being the result of a successful practice extending
wer a period of 25 years.
CHAPTERS V. and VI. on the modern Treatment of
Gonorrhoea and Syphilis.
The Book concludes with numerous varied and interesting
ages, to which is added the Author's recipe of a preventive
Lotion.

REVIEWS OP THiy WORK.
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]March, 18.56.
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old ace."—" Daily Telegraph," March 27, ISM.
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THE INDIGO PLANTERS AND THE

INDIAN GOVERNMENT.

Calcutta, Oct. 13.
The Committee of the Indigo Planters Association having
at last received from the Commissioner of Nuddea informa-

tion which they requested from him on the 7th ult., they
proceed to submit to his Excellency the Governor-General
of India in Council the following remarks on the minute of
the Liont. Covornor of Bengal dated the 17th of August,
which was communicated to the asmociatiou with your letter
of Aug. 31:— _ _ _

Although his Excellency has expressed himself satisfied
with Mr. Grant's explanations except on one point, the
Committee respectfully beg to observe that Mr. Grant's
minute is not accompanied by any particulars of the cases to
which he refers, by which his Excellency's judgment might
be guided ; and they therefore beg to submit the fullest de-
tails which they have been able to obtain in explanation. In
commenting upon his Honour's minute, the Committee are
desirous of avoiding as much as possible anything like en-
tering into a controversy with the Lieut.-Governor; still
they cannot but express their regret, that the tone of his
Honour's minute is such as to show how deeply his feelings
are affected against the system of indigo planting generally,
and the presons who are engaged in that cultivation.
In support of this position the Committee content them-
selves by simply referring his Excellency to the style, as
well as the matter, of one paragraph only—namely, the sth,
which assumes as a granted fact that planters have been in
the habit of committing every description of crime and op-
pression.

The committee do not wish either to enter into an argu-
ment as to the correctness of the Lieutenant-Governor's
views of the position of the ryot as a capitalist, as they be-
lieve that such a theory is one wholly new, and one parti-
cularly opposed to the general idea of what constitutes a
ryot in Bengal; but they must not be considered as in any
way agreeing in the view his Honour takes of this subject,
or assenting to his discovery, that the ryot is a capitalist as
distinguished from a labourer.
The Committee would, however, draw particular atten-
tion to one part of the minute, where the Lieutenant-Gover-
nor is obliged to confess that the gentlemen he employed in
the judicial offices in the disturbed d'stricts were unfit for
the common duties of their stations, and the Committee think
that such a confession from such author ity must necessarily
draw the attention of the Executive Government to the ne-
cessity of establishing such a system as will give the people
a more efficient class of judicial officers ; and the Committee
would beg attention to this part of his Honour's minute as
Courts. His Excellency will
supporting the truth of what has 10. ng been put forward by
gTievance--viz., the in-
effici pe
an lna
tn
sot
teparpts
oe
ra
ots
unf theirtihtyemost
oosf u
Bs t seriouseu
of the fitness for the judicial bench of one of them (Mr. J.
B. Bell), who is considered by his honour as se much ape-

The committee consider it as lordly worth while refer-
ring to the earnest manner in which the Lieutenant-Gover-
nor argues as to there being no`confusion' in the districts;
they can only say that a publication of the Lieutenant-Go-
vernor's, dated Sept. 17, has led them to beli3ve that the
word confusion' was not strong enough to express the
state of the district; and they beleve that the mere fact of
a vast military force being empbyed in that part of the
country, where troops have not boa stationed since it came
under British rule, proves confaisn ; and they cannot but
express their surprise that, at a time when all residents of
these districts knew that affairs were daily becoming worse,
his Honour should, as he does inthe last paragraph of his
minute, refer to the crisis ha ing passed over so peacefully,
and with so little injury to the great interest at stake. The
committee can only say that the reat interest of the Euro-
pean settler is for the present entirely ruined, and they see
but little prospect of European captal being again embarked
in the districts of Lower Bengal.
But, leaving the general tenour of the minute, the com•
mittee would beg his Excellency's attention to then promi-

nent cases brought forward by the Lieutenant-Governor, on
which he lays much stress; and wien the Committee show
that his Honour has taken statements for granted without
fully investigating the cases on which he relies, to found
most severe remarks and attacks, tot only on the planters,
but on his own judicial officers, the Committee believe that
his Excellency will attach much less weight to the minute
in question than at first sight would appear to bo due to it.
In tho 28th paragraph of the minute the Lieutenant-
Governor refers to the case of the Mooktar who was, as
stated in the planter's petition, settenced by Mr. Betts to
imprisonment and a fine for instigating ryots not to sow.
It would naturally be supposed from the comments
upon this case that the man in question, Teetaram Chuck-
erbutty, was a Mooktar acting As each on, behalf of ryots,
pd ,that he-.was c
sentened-Pc exot4isiuiglit lawful avoca
tions as a MOoktar ; and his Honour, on this assumption,
would make out that the sentence in question deprived the
ryots of legal assistance, and that it was intended to give
an advantage to the planters.
The Committee have, however, ascertained that the
man, though entitled, perhaps, to call himself a Mooktar,
was, in fact, but an omedwar (one seeking employment) ;
that he had never appeared before Mr. Letts as Mooktar ;
that he was not employed in any way by any ryot on that
occasion ; that a few days previously he bad waited on Mr.
Forleng, begging for employment in any capacity ; and that
on the day in question he was hanging about- Mr. Betts's
tent, looking out for the chance of anything that might
occur, holding no Mooktarnama ; and, in fact the ryots
whose cases were before Mr. Betts never consulted him, or
referred to him as their legal adviser.

Mr. Betts had for more than two hours been patiently
explaining to the ryots their position and I:abilities, point-
ing out to them that the law distinctly laid it down that if
they did not complete their contracts they would be subject
to imprisonment, and perhaps be cast in damages, and he
begged them to retire and think over the matter.

To the former alternative the iyots were inclined to
agree, and they retired to some neighbouring spot to con-
sult. The man Teetaram Chuckerbutty went to them then
for the first time, and, joining in their conversalion, advised
them to resist sawing, and not to mind the consequences.
Information of this was brought to Mr. Betts, who at once
had him brought into court, heard the evidence, and, find-
ing that he was not acting as Mooktar for any of the parties,
convicted him of instigating with evil design the iyots not
to sow.

The committee admit that the sentence might not per-
haps have been strictly legal within the words of the section
of the act as amended and passed, but the mere :act of Fa
error as to the interpretaJon of the wording of the act has
a very different effect from that which the Lieutenant-
Governor attributes to this decision, which he erroneously
regards as a gross interference with the liberty of the legal
agent of the ryots.

His Honour is wholly misinformed as to the ryots in
that quarter not being able to obtain the services of legal
agents to defend their cases, and it is wholly incorrect to
state that the prosecutors for several days had it all their
own way;' so far from this be!ng the case, on the very
same day, a complaint having been lodged against one really
acting as a Mooktar before Mr. Betts, it was at, once dis-
missed by him, on the ground that he could not interfere
with the advice that any legal agent deemed it right to give
to his client, and Mr. Betts distinctly pointed out to the
complainants that the position of this man was wholly dif-
ferent from that of Teetaram Chuckerbutty.

The Committee unhesitatingly refer to the records of the
court in proof of their assertion that no Mooktar was de-
terred from representing ryots in consequence of Mr. Betts'
decision, and they are quite at a loss to understand upon
whose representation the Lieutenant-Governor has been led
into so grave an error; and his Excellency will see how
serious a matter this is when he observes the frequent and
bitter allusions to it in the Minute.

The other case on which his Honour comments, as
showing not only misconduct on the part of Mr. Betts, but
what is of far more importance to the committee, as sup-
porting the grave charges of forgery and perjury against a
planter, or, at any rate, against their subordinates, is that
mentioned in para. 32, which he says accidentally came to
his knowledge, as ono in which Mr. Betts gave a planter a
decree against a ryot on a written agreement, purporting to
have been made in 1856, though executed on stamped paper
which on inspection proved to have been sold in 1859.
On investigation this charge proves to be utterly un-
true.

The koboolyat or agreement in question, of which a
copy and translation is herewith sent, recites that the ryot
(Hishabdee Shaik Mundle) who was complained against,was
indebted to the factory at the close of the season 1859, to
the extent of 3r. 3s. and 6p. ; that he had received a further
advance of 12r. in (ash, in consideration of his engaging to
cultivate 7 beegahs of indigo in 1860, and in the four fol-
lowing years terminating in 1864, the correctness of the
account showing the balance of 3r. 3s. and 6p., and the
payment of the advance of 12r. in cash, was sworn to by the
manager of the factory, Mr. Tayler, and proved by Mr.
Betts' inspection of the books, and on that evidence Mr.
Betts gave th,e decree against the ryot on the 18th of April,
1860, and the committee would draw particular attention
to the different years mentioned in that document as those
over which the contract was to extend.

On the 27th of July, 1860, Mr. Principal Sudder Ameen
Bell, who is above referred to as being considered superior
to the other magistrates, on hearing another case, delivered
the judgment, of which a copy is herewith sent, and to
which we beg his Excellency's particular attention, as his
Excellency will perceive in that judgment he did refer to
the koboolyat filed in the former case, which is above refer-
red to, and apparently without having made auy further in-
quiries, and certainly without having read the document
which, in fact, was not in evidence before him, he gratui-
tously pronounced the same to be a spurious exhibit, inas-
much as it is dated at the foot, in figures, December, 1856,
when the stamp was sold in November, 1859.
The Committee beg his Excellency's attention to the ko-
boolyat, which requires only the slightest glance to show
that the date of the English year 1856 is only a mistake and
clerical error of the Bengalee writer, and that it was a
koboolyat for seasons 1860 to 1861 inclusive, and that
the whole text and wording of the agreement unquestion-
ably prove this to be the case. IV hen an error was made
in one of Mr. Herschel's Purwannahs, that of the 19th of
April, which caused the planters' losses, that can only be
estimated by tens of thousands of pounds, and Mr. Herschel
put torward, as his defence, that it was a clerical mistake,
and that it was by accident that the obnoxious copy hap-
pened to go to the only place where it was likely to do harm,
the planter did not refuse to accept the explanations how-
ever opposed to probability.
It would seem, however, that no such feelings of fairness
are to be evinced by the authorities towards planters, and
that no opportunity is to be omitted to misrepresent and
malign them, and this is particularly the case in the pre-
sent instance, where the record could have at once been
called for and inspected, and which in fairness ought to
have been done.
The Committee can only hope that neither Mr. Bell him-
self, whom the Lieutenant-Governor designates as the expe-
rienced Civil Judge ; Mr. Herschel, 'the magistrate, who
eagerly seized on the case and sent it up ; Mr. Lushington,
the Commissioner who reported it to the Lieutenant-Gover-
nor ; nor Mr. Grant himself, ever looked at the document
before basing on it the grave charges that are contained in
the Minute. Five minutes' inspection would have prevented
a most unjust accusation being put forward in an official
document, and much of that official document would then
have been unwritten.

In para. 357 his Honour, on whom this case seems to have
made much impression, again introduces the Koboolyat as
the foundation of a sarcasm, and a slander on the whole
body of planters, in the following words :

It must doubtless have been agreeable to planters when
their suits were tried on such a fashion, that decrees were
obtainable on agreements purporting to be four years old,
though written on stamps which were inthe vendor's shops
one year ago."

The Committee respectfully, but most earnestly, beg to
submit to his Excellencythat such language is as unworthy
of a man holding Mr. Grant's high official position as it has
now been proved to be un2eunded and unjust; and should
his Excellency (as they cannot but believe he will), view
the matter in the same light as they do, they appeal to 'pis
high sense of honour and fairness to point out to the Lieu-
tenant-Governor the propriety of withdrawing the charge
as publicly as it had been made.

In the 37th para. his Honour replies to the complaint
that was made, of his influencing the minds of judicial ofll-
- by circulating to all in the districts copy of a decision
of Mr. Herschel, and of a letter from Mr. Lushington on
the subject of a charge against the servants of a factory:

The committee have carefully gone into the case referred
to, which was sent up for trial to the judge, whose decision
was adverse to the servants of the factory ; but the com-
mittee do tot hesitate to declare their belief that the deci-
sion is incorrect; that it was biassed by the proceedings of
the Lieutenant-Governor; that it will be reversed on ap-
peal; and if Government will publish Mr. Lushington's
communications, the proprietors of the concern are prepared
to prosecute for a libel, with the object of proving that the
allegations are unfounded and untrue.

Beyond defending the body they represent from the grave
and sweeping charges brought against them by the Lieute-
nant-Governor, the committee do not desire to contest, or
to enter into a controversy on individual cases, but they feel
it their duty to protest on constitutional grounds against
the interference of the Lieutenant-Governor, which has un-
questionably been exercised to such an extent as to impair,
if not to destroy, judicial independence within the districts
under his control. His Excellency will find on inquiry, that
upon the abolition of the office of Superintendent of Police,
an officer who, from his position, could not be classed with
that of the Lieutenant-Governor, or be considered as having
any such influence as that of the head of the Government,
the surviving control over the proceedings of magistrates,
pending or disposed of, rests in the hands of the Lieutenant-
Governor of Bengal ; and the Committee respectfully sub-
mit that such a power exercised as it is by Mr. Grant, who
is superior to the whole judicial bench of Bengal, axd who
has complete power over the members of that body, is one
that is dangerous to the true interests of justice, and one
that ought not to exist, more especially so when the un-
covenanted officers of that body are completely under the
otaftitrearkaid their offices subject to the pleasure of the
Lieutenant-Governor alone.

In thus replying to his Honour's minute, the Committee
have avoided as much as possible acting otherwise than in
a calm spirit ; but although they feel that they are contend-
ing with one whose position makes it impolitic on their
part to enter into controversy with him, they cannot con-
sistently with their duty, or feeling as English gentlemen,
representing a large European Asssociation, compcsed of
many men who have not only invested their all in this
country, but have done so in the belief that they would be
prctected by the leading principles of an European Govern-
ment, allow such serious charges as these brought by his
Honour to pass unremarked upon, and without protesting
against the injustice and impropriety of them as they now
do ; and, believing that a different line of conduct on the
part of the Government of Bengal would have led to a very
different result to that which now exists, they submit these
remarks to his Excellency, trusting that this matter is one
of sufficient importance to attract to its carefal considera-
tion his Excellency's earnest attention.