Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1851-09-06
CIVIL RIGHTS AND CHRISTIANITY IN INDIA.
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have very direct and favorable bearing upon the progress
Of Christianity in India, has recently bsen given in the su-
preme Court Of Madras II 10 we'll known that one Of the
serious impsdimen he success Of Christian missions
there has been found in the tyranny Of caste. child,
parent, husband, wife, embracing Christianity thereby
severed the ties Of relationship, and practically excluded
from the dearest of civil rights The following narrative will
illustrate this fact and the decision which follows
those disabilities hereafter The reader cannot fail notice
the consdeate but elevated and sentiment which per-
wade the judgment delivered by the court II said that
friends Of the wife intended appeal from the decision
chief Justice, but generally admitted by the Indian
journals that there scarcely possibility its be-
ing overuled, being papably in accordance with the
letter and spirit of the liberation act
Hindoo named streenavsssa was betrothed and mar
ried according the forms of his religion an early age
to Luchmee also child, Of four years of sgs. Eleven
years subsequently namely, about June July, 1S50-he
husband took his wife bis house, and the marriage
was completed they being then respectively wenyone and
fifteen years Of age In the month of April 1851 the hus
band Sueenavassa became convert to Christianity, and
baptized in the of Andrew Philip week previous to
this occurrence his wifes father hearing that Steensvsssa
preparing himself for bspsm TO the residence Of
MS and BY the connvance Of some person there
took away Luchmee and conveyed her to his house,
Notwithstanding this evidence Of the that his family
prepared to adopt toward him, Seenavassa
in his intention and abandoning idolaty became Chris
tiao on the 18th of April last He made many attempts
see his wife after this, but prevented from doing by
her father and at length he applied to the Supreme Court for
writ Of hsbeas corpus, which granted by Sir William
Burton on the 9th of june and made retunabe on the fol-
lowing day. a fas
The return made by the father of Luchmee Was denial
that she then had been n bis custody since the
day when she distracted from her husbands residence
and sort of proof Of this assertion ntimsted that
she was in courts wheeupon the judge ordered her to be
brought forward.
"This circumstance induced Mr.. Mortoa the Advocate
General, who appeared in support Of the writ, waive all
objections TO the return made to the writ for the young
woman bad appeared, that sufficient to show that the
order OF the court bad been obeyed in fact though in
form. All he had do was to move that the wife be
delivered over to the custody Of her husband No mpuaon
bad been made Of misconduct either side it simply
the case Of wife who upon her husband having changed
his religion, had been distracted from him by her relations
BY the interference Of Others through act Of her own,
and be was rightly instructed contrary TO her WISH
for she had expressed desire to return to him and to live
with him." tt@ela4 talG i
The having been argued at length by the Advocate
General and Mr. Salmon, Sir William Burton delivered the
Judgment Of the court, a. follows:
"The question before consider the most inn
porant that has before the Supreme Court have
no hesitation 10 the matter, although feeling it's vital import
ance as do in performing the duty imposed by the
law, whatever may be the consequences have given the
matter the best and fullest consideration could and shall
give my the best Of my ability and leave the
in His hands who overrues all things for good. s
The jurisdiction which now cit here to exercise is
most important and salutary one-to examine summay
complaint made and give redress in all where the ber
y Of the subject involved his rights affecting that ber
y nfrlnged Some rights Of sacred and delicate
tue that nothing but summary relief would be of avail
and deeply has the Law felt this that this writ has
run from time mmemoal All where person is re-
strained from the free exercise Of his rights come under this
Jurisdiction As for Hindoo law, in its full extent, and in
like these, there court here administer
and carry out and happy may the Hindoos deem them
selves that their persons and property protected by the
law Of England, BY the principles Of the law, and
sometimes OF statute laws which as body have taken the
place Of their own law. att 1U.tEt t5
Sin instances in Difference the usages and pejudi
of Hndoos and Mahomedaas the royal charter directs the
supreme courts to decide according their laws in
OF contract and nhertance and, Mr. Salmon has justly
observed, maage undoubtedly contract and the charter
applies 10 contracts But is the present question of
tract No. There is question whether there is
question 10 the husbands rights his
we and if decide this by Hindoo law, the result
would probably be hat his rights absolute in the highest
degree
But this is not pure question Of contract It has been
assumed that loss Of caste excludes person from all assoa
tons with his feow-men that he be considered as
dead, and accommodation has been kened to exclusion
from caste. Recommendation tyrannous law, imposed
by yrannous priesthood bearing in too many respects
small resemblance to that of the Hindoos and its working
most grevous its object might almost be said to bear
the cdput Iupnum. II may be granted that e1communica
ton and exclusion from caste bad the the other
exercised conended for but to exclusion from caste,
Hndoos having separate may unquesonaby exclude
any from association with them any community may do
that but when q excluded into court and
claims his rights there and the question raised whether the
court s carry out the principles Of excommunicatop it
must decide that, though party community may refuse
to associate with another they cannot take away Of that
other pary's rights.
"The party may in sense--the original sense-be an
aposate, who has turned from thing another
but if it is used reproach remember that turn
ing like this is turning from darkness to gha returning
that light of christianity which in ancient times unques-
onaby widely spread abroad in India and this is what
is here called spostacy.
" 1t is indeed turning from the Of his associates
but does this lose him his rights No nothing in Hndoo
law says that marriage il dissoube The wife to be-
long her fathers aniy her existence incorporated with
her husband she look only to him if he dies il is to
his relations she must look for maintenance, and with
them she reside she estranged by law from her
fathers family, and has claim them until her husbands
family shown unable to maintain her. have doubt
whatever that there law in this land that dissolve
the nuptial contract. fla Christian should turn Mussu
this would release his wife and with the Hindoo,
change of faith does not invslidate the contract.
"The Hndoo law ID, that marriage is indissoluble.
would adopt Sir E. Gamblers words, alluded to by Mr.. Sal
mon the law that applies in this is that which
would prevail If Christian had embraced Mahomedanism
There no distinction. have right to this man has
forfeited bis civil rights must do unless declare that
bis wife be delivered him. Were he suing
contract for goods sod for work labor must declare
him incapable Of doing If he has not lost that right by
what principle be made that he has lost this
As for accommodation, the opinion of the nation had
laughed that scorn and msds obsolete hundreds Of
but the 53d George ILL., exnsuished the form and
name of it. and the like has been lately done in this country,
BY the act 81 of 1850.