The Sun.
London, England, 1835-02-11 00:00:00

CHEQUER COURT.-(THUS DAY.)

perience of its success in similar cases :
" Let the Government at once, without any intervention of
middlemen, treat with the landholders themselves, granting
them leases for five, ten, or fourteen years, at fixed rents ;
else converting their tenths into a redeemable Land Tax, re,
deemable either at once or by degrees—in whole or in part--
according to the means and inclinations of the respective
proprietors. Such a plan I have every reason to believe,
would be sure to prosper. Indeed, it has been already tried
and found successful in some districts, particularly about
Colombo ; where the rent, which in many cases amounted to
a fifth, or even a fourth, was in this manner reduced to a
tenth, as it existed in other parts of the island.
" But if further proofs were wanted of the advantages ac-
cruing from a fixed and stable system of taxation, we may refer
to the princes of Bengal, Bahar, and Orissa: In 1793 the
Land-tax in these provinces was limited in perpetuity, and
rendered invariable like the Land-tax in this country. And
what have been the results ? The whole revenue has been
more than doubled, and the indirect taxes multiplied nearly
twelve-fold. The Land-tax, which, before the permanent as-
sessment, formed almost 70 per cent., amounts now to little
more than 40 per cent. ; private property, which was then un-
saleable, is now worth 16 years' purchase ; the population,
which in 1723, did not exceed 24 millions, was found in 1829
to contain nearly 34 millions. This state of things may be
contrasted with that of the ceded districts' under Madras,
where the revenue has been in a constant course of fluctuation
and decline; where the land still remains unsaleable; and
where the population has received in 16 years an augmentation
of no more thou 5 per cent.—a rate of increase infinitely
smaller than that of the old and densely peopled countries of
Europe."
One would suppose from the prevalence of the
decimal system in the revenue department of Ceylon,
that, when its plan of taxation was concocted, some
worthy ecclesiastic must have had a finger in the pie.
We have seen this principle actively at work in the
land rents ; we now meet it in equally vigorous opera-
tion, and equally productive of its natural fruits, in
the fish rents.
FISH-RENTS.—These are also a tithe—being one-tenth
of all the fish caught in or about, and landed on the island—
and, like the land-assessments, arc annually farmed out to
speculators by whom they are collected in kind. From the
perishable nature of the commodity, and from the fishermen
being forbidden to dispose of, or cure, their fish, until the
farmer has taken his part, the tax, in many cases, operates
most oppressively. Colonel Colebrooke recommends that, in
lieu of the present mode of payment, the fishermen should
have monthly licenses, which they would be enabled to pay for
out of the monthly produce of their labours,—and further, for
the encouragement of the fisheries, that they should be allowed
a drawback, equivalent to the cost of their licenses, on the salt
fish exported. At present, from the salt monopoly, the fish
tax, and other restrictions, the fishermen of the Continent are
enabled to come over, and to carry on the fisheries along the
coasts with greater facility and advantage than even the na-
tives of the island."
The next subject of discussion is the Customs. If
our political economists wish to be initiated in the
true principles of trade, they must make up their
minds to take a voyage to Ceylon. Whatever the
political creed of the Ceylooese may be, it cannot be
denied that their commercial, doctrines are of a highly
conservative cast. To PrArt with their commodities is

high as 75 per cent.
" Since 1832 the Cinnamon Monopoly has been abolished,
and that article may be now exported at a duty of 3s. per lb.
on every sort, without distinction of quality. As the cost of
its production rarely exceeds 6d. per lb. the duty thus charged
upon it may he estimated at 600 per cent. How far (looking
at the precarious state of the Eastern markets—at the, in-
creased cultivation of Cinnamon in Cochin China and some
parts of Malabar—and at the extent to which, of late years,
Cassia has been substituted for it) how far it was advisable to
impose so high a duty, and whether a more moderate one—by
enabling Ceylon to regain sonic of the markets lost by the
late monopoly, would not be eventually more beneficial, to the
exporter as well as to the consumer, remains yet to be decided.
,6 The Cinnamon monopoly had been long established by
the Dutch, the general object of whose policy in the East
seems to have ht en not -to extend commerce. but to exclude
competition—not to carry on a large trade with reasonable
profits, hut a limited one with large profits. Thus the Cinna-
mon which they purchased at the rate of sd. per lb. in Ceylon
they sold for lls. per lb. in the European markets. But this
was a system which could not last—which carried within itself
the seeds of its own destruction. Competition, in spite of
every effort to preclude or restrain its growth, increased;
Malabar cinnamon and cassia, from their superior cheapness,
began to vie with, and at length to supplant, the finer products
of Ceylon ; and the annual quantity exported from that Island
was, by degrees, reduced from upwards of 1,000,000 lbs. to
less than 500,000 lbs. A similar fate has befallen other mo-
nopolized and over-taxed articles in that Colony.. In conse-
quence of the high, duty. on Areka nuts (75 per cent.) they
are now, though of an inferior quality, procured in great
quantities from Sumatra, and the revenue levied on them in
Ceylon, has declined from 10.329/. to 5,301/. ; from the same
cause the revenue on the export of Chawa roots (a sort of
dye) has fallen from 2,0001, to 2001. ; and that on the Chank
Fisheries, which formerly amounted to 6,700/. is now re-
duced to 37/. a-year !
Such a system of government could not fail to
produce an unfavourable effect on the character of the
people. We ought not, therefore, to be surprised
when we find the Ceylonese described by many writers
as a 'feeble, indolent, and faithless race. They are
exactly what men, in their circumstances, must always
be. Mr. PETRE thinks that the picture has been
greatly over-charged, and very justly remarks that—
,. The character or condition of the Ceylonese can afford
no just excuse for English misgovernment and neglect. In
proportion as they have been afflicted and brought low, so
much the more earnestly does it behove us—standing in the
relation which we do towards them—the self-constituted
Rulers, and voluntary Umpires of their fate—so much the
more strenuous should be the endeavour, en our parts, to re-
pair their wrongs ; to improve their fallen condition ; to en-
lighten and invigorate their minds, and to prepare them (by
all the means which God has entrusted to our use—by liberal
policy—just laws—mild government—religious precept, and
moral example) to prepare them not only for the better en-
joyment of freedom, but for an Garlier participation in those
high privileges which have been already extended to the rest
of our 'lndian empire, and which; it is to be hoped, will not
long be withholden from Ceylon."
•
Mr. PETRE is not content with pointing out the
means of remedying the'grievances and removing the
numerous and aggravated evils that afflict Ceylon ; he
anticipates the usual objection to all improvement,
namely its impracticability, which he most successfully
meets* by an appeal to what was effected by Sir
STANIFORD RAFFLES, in Java—that valuable colony
which was lost to this country—sacrificed without a
" compunctious visiting," by that wisest of statesmen,
the late Lord CASTLEREAGH :
" What is now the case of' Ceylon was in many respects,
only with deeper shades and more cruel aggravations, the case
of Java, when that island first fell into our possession. It
would be, indeed, difficult to conceive any thing more forlorn,
any thing more disheartening, than the aspect of affairs, as
they then existed, in Java. Agriculture and commerce at
their lowest ebb—vicious institutions—corrupt and oppressive
functionaries—a demoralized people—a repudiated and worth-
less currency—a bankrupt exchequer—extortionary but unpro-
fitable taxes, taking much from the people, though yielding
little to the state. Such was, in part, the condition—such the
aspect of affairs in the island of Java. Under these circum-
stances, so difficult and so appalling, what was the conduct
of the benevolent and enlightened individual who, fortu-
nately for the interests of humanity and the honour of
the British name, had been called to the helm of govern-
ment ?—what was the course pursued by Sir Stamford
Raffles, and what the result of his administration in
Java? To many, (did there not exist undoubted evidence
of the facts) to many indeed the tale would appear almost in-
credible. By a systematio course of liberal policy and just
Governmerit—by instituting inquiries and ascertaining facts—
by attending to the Customs, manners, and feelings of the na-
tives—by mixing with the more respectable and better in-
formed, and by being easy of access, and kind to all—by abo-
lishing monopolies, forced labour, and unjust exactions—by
putting an end to the farming system, and letting out the pub-
lic lands, on just and liberal terms, to the resident cultivators—
by throwing open the ports, and emancipating commerce no
less than agriculture, from the galling fetters in which they bad
been so long confined by the blind selfishness and perverse
tyranny of the Dutch—by giving the people an interest in the
efforts and fruits of their own industry, and by teaching
them to " consider the connexion with England as founded
on principles of mutual advantage, and to be conducted
in a spirit of kindness and affection "—by these and like
liberal, and just, and enlightened measures, he rescued
Java from the lowest depths of degradation and despair—
won the confidence and cordial cooperation of all clams
of its inhabitants in his labours for the public good—raised
their characters—multiplied their comforts and resources—
extended their commerce—advanced their agriculture—aug-
mented their wealth—and finally left a revenue—which, under
Dutch extortion had never exceeded four millions of rupees—
amounting, at the time of his departure, to no less a sum than
thirty millions l Such are the blessed fruits of liberal policy
and just government !
or '

KING'S BENCH-(THIS DAY.)

DOE. DEM. WETHERELL V. BIRD.
This was an action of ejectment for breach of covenant.
The premises in question were situated in the neighbourhood
of Kensington, and were celebrated as having been formerly
the residence of the Earls of Gainsborough, and the house in
which Charles the 11. held his Court prior to his obtaining
possession of Kensington Palace. They had been leased by
the defendant's representative to Dr. Finch, who had con-
verted them into a private madhouse. The lease contained the
usual provisos against carrying on any offensive trade or
business, and it was contended that the conversion of the
premises into a lunatic asylum was a breach of the co-
venant, and that the plaintiff was entitled to re-enter, and oust
the tenant. The case had been previcaisly tried, and a ver-
dict had for the plaintiff, and it now came on under a rule ob-
tained for a new trial.
The ATTORNEY- GENERAL, Sir JOIIN CAMPBELL, and Mr.
F. KELLY appeared for the plaintiff; and the SOLICITOR-
GENERAL and Mr. THESSEGER for the defendant.
After the plaintiff's case had been entered upon, a consulta-
tion took place between the Counsel on either silo, and
The ATTORNEY-GENERAL announced to his Lordship, that
he was happy to inform him that the matter bad been amicably
arranged
A verdict by consent was then taken for the plaintiff—Da-
mages Is.

• MOSCATI V. ',LAWSON.
This action was brought to recover compensation in damages
for several alleged libels upon the plaintiff's character inserted
in the Times of the 6th, ith, 13th, and 14th March, 1833.
The plaintiff, who is an Italian, conducted his own case.
In his speech, which was delivered with much energy,
animation, and gesticulation, there was so much of the
foreign accent and idiom that great part of it escaped
us. He said that in all the countries on the Continent of
Europe, when an action was tried, in which there was a rich
party and a poor one, the former was almost sure to „gain, but
in England every party was sure to obtain justice, lehether
rich or poor—redress vas sure to be got for any injury, even
although, as in the case then under consideration, the .ewe
party was weak and the other strong. Through the ate
tacks of the Times he was a very poor man—be wase
weak, while the defendant, nominally the proprietor of
the Times, was very rich. Still. with all those contin-
gencies against him, he appealed with confidence to the
jury, trusting to the justice of his case and his consciousness
of innocence. He prayed to God that he had the means to
employ one of the learned gentlemen around him ; but the
attacks of the Times had been so powerful against him, that
if their intention had been to ruin him they had fully suc-
ceeded. Therefore it was that he stood before them, full of
feelings of disgust, dismay, and anxiety. If the jury
could look into his heart they would commisserate
the poor, man before them, who had been so cruelly
used by the Times, who had fdr the last twelve months held
him up to the execration of mankind. The defendants, powerful
in pocket, had got all the wisdom and experience of Sir Jobs.
Campbell, but not contented with that they had also secured.
the talent of Mr. Platt--even there they did not stop, but they.
had also secured the talents of the worthy gentleman beside
him, which proved to him ( Mr. M.) that the defend-'
art trembled exceedingly, and was very much maid
of the Jury. He stood before them alone—deprivedl
of the means of obtaining legal assistance, but he felt himself
strews in the consciousness of his innocence. He appealed to,
his Lordship, and trusted that he would deign to help him ; to
become his instructor and his guide in the perilous and difficult
task which stern necessity had fastened upon his shoulders.
Mr: Baron ALDERSON said he was certain that there was no
occasion for such an appeal. The defendant bad been. long
enough in England to know that any of the gentleman at the
English bar would have been happy to render him everyas-
sistance had he applied to them.
Mr. PLATT—My Lord, the fact is that the gentleman who
sits by his side (Mr. Butt) is now assisting him as Counsel.
Mr. Moms. ri said had the trial taken place in December
as it ought to have done, he would then have had the assist.-
ance of Sir Frederick Pollock ; but his means had since been
exhausted, and be would rather run the hazard of losiug his
case than offer an insult to a gentleman of his standing.
Baron ALDERSON said he was certain Sir Frederick Polka:
would have considered an application to him,.under such cir-
cumstances, as a compliment.
Mr. Moscati said that he would do as well as he could bee
himself. The plaintiff continued to detail his history since hig
arrival in England, in a very animated speech, which we are•
obliged to postpone till to-morrow, in consequence of the late-
ness of the hour at, which the trial was called on. He then
called the following witnesses :
Jeseph pincher, Esq., examined by the plaintiff. Had at-
tended some lectures et the Royal Institution delivered by the
plaintiff. Had paid him 30 guineas for his lectures. Knew
that the plaintiff had applied at the Royal Institution, to give.
some lectures, which were refused, but not in consequence of
the attacks of the Times.
Cross-examined.—Had some little conversations with the
plaintiff, but he had never been told by him that he was a noble
Neapolitan, or that he had had a bullet in his cerebellum,, or
was taken prisoner amongst the Arabs.—( Laughter.)
Arnold Rogers had known plaintiff for four years, and.
had received instructions from him. He had frequently'
been at his house, and had been introduced to his friends.
Had never in his presence calumniated any one indi-
vdual. Had not engaged him in any way since the
attack of the Times, and had ceased to employ him, in con-
sequence of the attacks.
Cross-examined—Had-been learning French, and had had
three lessons a week for several months. He had never beau
'
told by the plaintiff that he was a Neapolitan nobleman -or
had been with Napoleon in Russia. Never told him he bad
fought ninety duels. Plaintiff never told him that he wrote
for the Times.
Mr. Fernside, Secretary of the Phrenological Society, and
Manager ot the Western Institution. In 1833 witness pro'
posed plaintiff to lecture at the Institution, for which he Was
paid. Saw Dr. Elliotson as one of his auditors. Had seeo
some of the articles in the Times.
Cross-examined.—Had heard Moscati give some account of
his adventures. He said he had been under Murat, and had
passed through some strange adventures. Had heard big!,
say that he was Colonel of a regiment under Napoleon, en'
was in the retreat from Moscow, and gave a detail of the
hardships of that retreat. Witness understood that he bigd
been fri all of Napoleon's campaigns, and was in Egypt. l'iao
not heard )rim say that he was, condemned to die, and Iva!
saved by a woman—he had an impression that the plaintiff be of
fought a great nun:her of duels, and his favourite point
woundin' was the ey.e. -Had not heard him say that
Ile had been at the Wall of China. Had heard him say thi4
the Times was considerably ine?ebted to him for articles. Had
heard him say that the Times has had presents, but he did vet
hear any detail. Witness certainly had a very strong susplci.ll
that what Mr. Moscati said was the ejects of a heated finer
nation.—( Laughter.)
The witness was still under examination v;hen we left.