Memoir and Letters of Francis W. NewmanSieveking, I. Giberne (Isabel Giberne)
Religion
Memoir and Letters of Francis W. Newman
Sieveking, I. Giberne (Isabel Giberne)
Newman, Francis William, 1805-1897
Again, as regarded the courts of law in India, Newman reminded us of the
revelations contained in that volume by the Hon. Mr. Shore concerning our
Government (the book which was withdrawn 1844).
It was there stated definitely that, until the days of Lord William
Bentinck, Persian was the only language used in these courts.
Consequently, as neither judge, nor clerk, nor litigating party, nor
person accused, nor his witnesses understood it, it constantly happened
that the case was a veritable _reductio ad absurdum_. No one knew what was
happening until at last the man--if it was a case of murder--was shown
that the case had gone against him by being shown the gallows!
It is true _nous avons changé tout cela_, in these days, and the
vernacular tongue is used instead, but now it is the judge who doesn't
always know accurately what is going on, for he cannot always understand
what the witnesses are saying! As Newman says very shrewdly: "If self-
confident, he trusts his own impressions; if timid, he leans on the
judgment of his native clerk; if formal and pedantic, he believes all
clear and coherent statements. His weaknesses are watched, and it is soon
understood whether he is to be better managed by fees to the clerk, or by
the forging of critical evidence, in cases for which it is worth while.
Very scandalous accounts have been printed in great detail ... and one
thing is clear, that those Englishmen who have looked keenly into the
matter and dare to speak freely, believe justice to have a far worse
chance in such tribunals than before native judges."
Francis Newman tells us that his own eyes were opened to the prevailing
state of things in those days, by "a very intelligent, and widely informed
indigo-planter." He told him that when he first began indigo-planting, his
partner had given this emphatic rule of conduct: "Never enter the
Company's Courts!" And to his own amazed question as to what course of
action was to be pursued when a difficulty arose, he clearly and openly
explained. "If a native failed to pay us our dues, we never sued him, but
simply publicly seized some of his goods, sold them by auction, deducted
our claim from the proceeds, and handed over to him the balance." There is
something almost humorous in this travesty of an _amende honorable_ for so
highhanded a measure!
One may in very deed be thankful that since the day of all these
happenings, Indians _have_, as Mr. Gokhale tells us, "climbed in the field
of law, to the very top of the tree," and can now deal out first-hand
justice to their fellow countrymen.
I think I cannot give a fitter close to this chapter than by quoting
Newman's suggestions as to measures of urgent importance with regard to
our Indian Empire, which were made a little over forty years ago.
Public-domain text, read in full here on John Shaqi.
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