The regulation of the intercourse between our own countrymen not in the
service of Government, and our native subjects, will rise in importance
with the progress of those works in which European agency is essential
to insure success. Railways, electric telegraphs, improved
cotton-cultivation, steam, and all other complicated machinery, must, if
overspreading the country as many anticipate, bring with them a vast
increase to the European section of the community, whose influence will
still be out of all proportion to its commercial strength.
To give to this little section full scope for the development of its
industrial energies, and yet to restrain it from abusing its strength to
the injury of the native population, is in fact the only real service
ever likely to be rendered by the Law Commissions and Legislative
Councils called into existence by the enactment of last session.
In as far as the natives of Bengal and Upper India are alone concerned,
we are convinced that all of this cumbrous law-making apparatus is quite
superfluous. The existing regulations, with occasional pruning and
trimming, would, if fairly enforced and adhered to, amply suffice to
meet all of their simple wants. But the natives can no longer be left to
themselves. Europeans will intrude, and legislation must therefore be
shaped and stretched so as to fit it to the characters of the intruders.
As at present constituted, the magistracy and the police are hardly
equal to the control of British-born settlers, half a dozen of whom are
more difficult to rule than half a million of natives. There prevails
among Englishmen of every grade a notion of the East India Company being
a body of a somewhat foreign stamp, to whose servants it is almost
degrading for a free-born Britain to be obliged to submit.
The amalgamation of the Queen’s and the Company’s superior tribunals,
known at Calcutta as the Supreme, and the Sudder, Courts, would, by
coupling the home-bred judges appointed by the Crown with the
country-trained nominees of the local government, give a weight to the
magistracy acting under this combined authority, and thus fit it for the
better discharge of the difficult duty of controlling and correcting the
excesses of Englishmen settled in the interior. These settlers often
find in the menace of an action or prosecution before a remote and
somewhat prejudiced tribunal, a weapon wherewith to combat the immediate
power of a functionary, amenable individually to the Queen’s Court in
Calcutta, for every act which legal ingenuity can represent to be
personal, and so beyond the pale of official protection.
Public-domain text, read in full here on John Shaqi.
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