The High Court, a red Saracenic structure that spreads itself out over
a large area between Georgetown and the Fort, is a modern building. It
was opened within the memory of elderly lawyers of Madras, some of
whom used themselves to practise in the big building which is now the
Collector's Office, opposite the gate of the Port Trust premises, and
which was for many years the habitation of the Supreme Court at
Madras. The present High Court is a mighty monument to the development
of 'The Law' in Madras. In the early days of Fort St. George the
Company administered its own justice to its own people, and the court
was held in a building in the Fort. Punishments in those far-off
times, judicial or otherwise, were usually severe; and the Records
show that even a civil servant of junior rank who gave trouble was
liable to be awarded some such penalty as to sit for an hour or more
on a sharp-backed 'wooden horse,' with or without weights attached to
the delinquent's feet. In the town that grew up outside the Fort,
justice as between natives of the soil was administered by an Indian
_adikhari_, who represented the lord of the soil. As the Company's
influence and authority increased, various courts of law were
created--and the Records show that there were certainly crimes enough
to justify their creation. A large number of the criminal trials in
the earlier years of Madras were in respect of thefts of children, to
sell them as slaves, especially to Dutch merchants along the coast,
where the victims were not likely to be traced. Slavery was a
recognized condition of life in old Madras, as indeed it was in the
whole of Europe; and in the Council-book of Fort St. George there is
still to be seen an Order, dated September 29, 1687, "that Mr. Fraser
do buy forty young Sound Slaves for the Rt. Hon'ble Company," who were
to be made to work as boatmen in the Company's fleet of surf-boats. It
was in reference to a slave that the first case of trial by jury was
held in Madras, in 1665, and it was a _cause celebre_. The prisoner
was a Mrs. Dawes, who was accused of having murdered a slave girl in
her service. The Governor himself, who, like a doge of Venice, was
both ruler and judge, was on the bench, and the twelve jurymen gave a
unanimous verdict that Mrs. Dawes was 'guilty of the murther, but not
in mannere and forme,' by which they seem to have meant that the
circumstances of the case exonerated her from the capital charge.
Being pressed to give a verdict 'without exception or limitation,'
they brought in a unanimous verdict of 'not guilty,' whereupon the
Governor felt that, although the woman had been guilty of a crime, he
had no help for it but to set her free. He thereupon wrote to the
Directors in England, expressing his disapproval of 'such an
unexpected verdict,' and notifying that in his ignorance of the law
and its formalities he was by no means confident that he had done the
right thing; and the end of it was that the Governor, presumably with
Public-domain text, read in full here on John Shaqi.
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