The History of Java, v. 1-2Raffles, Thomas Stamford, Sir
History
The History of Java, v. 1-2
Raffles, Thomas Stamford, Sir
Java (Indonesia) -- History
To this general principle of Javan law and usage, that the government
is the only landholder, there are exceptions, as I mentioned before,
in some districts of the island. These are chiefly in the districts
inhabited by the _Súndas_, who occupy the mountainous and woody country
in the western division of the island. Among them, private property
in the soil is generally established; the cultivator can transmit his
possession to his children: among them, it can be subdivided, without
any interference on the part of a superior; the possessor can sell
his interest in it to others, and transfer it by gift or covenant.
He pays to his chief a certain proportion of the produce, in the
same manner as the other inhabitants of Java; because, in a country
without trade or manufactures, labour or produce is the only shape
in which he can contribute to support the necessary establishments of
the community. So long as he advances this tribute, which is one-tenth
or one-fifth of the gross produce, he has an independent right to the
occupancy of his land, and the enjoyment of the remainder. The reason
why the landed tenure of these districts differs, in so important a
particular, from that of the most extensive and valuable part of the
island, may perhaps be explained from their nature, without resorting
to any original difference in the laws of property, or the maxims of
government. Where the population is small in proportion to the extent
of soil, and much land remains unoccupied, the best only will become
the subject of demand and appropriation. The latter alone is valuable,
because it yields great returns for little labour, and therefore offers
inducements to engage in its cultivation, in spite of many artificial
disadvantages: it alone can afford a desirable surplus, after
maintaining the hands that call for its fertility, and consequently
tempts power to reserve unalienated the right to this surplus. On the
other hand, when waste ground is to be reclaimed, when forests or
jungle are to be cleared, or when a sterile and ungrateful spot is
to be cultivated, the government have less interest in reserving the
surplus, and must offer superior inducements of immunity, permanency,
or exemption, to lead to cultivation. On this principle, the tenure
of land in the _Súnda_ districts, and on some parts of the coast,
may be accounted for. It may be concluded, that many of these lands
were reclaimed from waste by the present occupiers or their immediate
predecessors, and their rights to possess them, which is similar to
that which the discoverer of an unappropriated field, forest, or
mine would have, by nature, to as many of their products as he could
realize by his labours, has not been crushed or interfered with by
the sovereign; a forbearance, probably, more to be attributed to
motives of prudence than to the restraint of law. Nearly coincident
with this conclusion is the supposition which assumes, that before
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