Rudimentals Being A Series Of Discourses

Front matter

The People’s Free Reading Room & Library.

(With which is incorporated the N. M. WADIA General Library) HORNBY ROAD — LIBRARY RECORD OF ISSUE.

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SECTION I. — Of the quality and usefulness of the Science of Political Government . 25'

IT. — Of the Origin of Political Government . ... 27

Ilf. — Of the Objects of Political Government . 29

IV. — Of the necessity of a settled Plan of Power- or

a Constitution . 32.

V. — Of the Marks and Characteristics of a well-con¬

stituted' Government. First : attention due to the habits, feelings, and manners of the People 37'

VI.— The same subject continued. Second ; Changes

should not be sudden . 40

VII. — The same subject continued. Third ; the Exter¬ nal and Natural condition of a country, and

of its Inhabitants, to be observed . 43

VIII. — The same subject continued. Fourth ; of the Share which the People should have in the

Administration of ther Government . 46

IX.— The same subject contained. Fourth ; of the Share of idle People in the government exer¬ cised by a System of Representation . 52

X. — Reflections on thq Marks-and Characteristics of good government which have been discussed ;

' and on the* Political condition of India . GO

XI. — Of the evils of Arbitrary Government.. . 64

Discourse II. — On the Government of England.

SECTION I. — Of the Nature and Origin of the English Con¬ stitution . . .

II.— Of the Supreme or Legislative authority of the English Government .

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CONTENTS.

Pages

SECTION III.— Of the Queen in her Legislative capacity . 77 * IV. __.Of the House of Lords . . . r82

V. _Of the House of Commons . . 88

VI.— Of the mode of enacting Laws, or Statutes . 100

Vi I. — Of the Executive Branch of the English Go¬ vernment...... . . . 106

Discourse III . — Of Hie Past India Company.

SECTION I.— Introductory Observations . 119

II.— Of the meaning of the term Company; and of the Nature and Objects of such an Associa¬ tion . 123

III. — Of the Origin and Formation of the East India

Company . . . 123

IV. — Of the Progress of the East India Company,

until they became a Political Power . 133

V. — Survey of the Political Progress and Condition

of the Native States of India, previous to the

Conquests of the East India Company . HO

VI. — Of the Progressive Conquests of European Na¬ tions in India, and the effects . . 148

VII. — Of the Means and Resources of the East India

Company for the conquest of India . 152

VIII. — Of the Component Members of the East India

Company — the Proprietors of Stock . . 16]

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Discourse IV.— Of the Court of Directors , and Board of Control.

SECTION I. — Of the Qualifications of Individual Directors.... 169

II. — Of the course by which the Directors act, as

III. — Of the Powers of the Court of Directors . 179

IV. — Of the Board of Control . 192

Discourse V. — Of the Government in India.

SECTION I,— Preliminary Observations on the subject of this

Discourse . 199

II. — History of the formation and course of the Eng¬ lish Government in India, previous to the first regulating Act of 1773., . 204

CONTENTS. iii

Pages

SECTION III. — Of the Progress of the Eng ish Governments of * India, from the year 1773 until the passing of the last Charter Act of 1833 . 21

IV. — Of the manner in which the Governments of In¬ dia are constituted, and of what members

these Governments are composed . 220

V. — Of the course and method by which the Govern¬ ments of India exercise their Functions . 226

VI.— Of the Powers exercised by the Governments of

India: and, first, of the Superintending and Controlling powers of the SupremeGovernment 231

VII. — The same subject continued : History and na¬ ture of the Legislative powers of the Supreme

Government . 236

VIII. — The same subject continued : of other peculiar

powers of the Supreme Government . 247

IX. — The same subject continued: of the Powers ex¬ ercised by the Subordinate Governments . 249

X. — Reflections on the quality of the system of Go¬ vernment in India ; and notices of some de¬ fects . 256

Discourse VL— On Jurisprudence : or the principles of Administrative

Justice.

SECTION I. — Of the quality of Justice as a Virtue, and of the quality of the Science «f Administrative Jus¬ tice . 271

II. — Of the nature and object of human laws for the

III. — Of the origin and nature of Property . 279

IV. — Of the transfer of and succession to Property... 282

V. — Of the security of the Person . 28

VI — That the laws on which Administrative Justice is

founded should be certain and clear . 28J

VII. — In wh at manner Laws should specify and define

eights . 290

VIII. — Of the Civil Code— for the restoration of Rights,

and the redress of Injuries . . 292

CONTENTS.

Pages

SECTION IX. —Of the Criminal Code for the punishment of

Injuries . CD 5

X. — That revenge is not a just principle or object of

laws against Crime . 298

XI. — The legitimate object of human Punishment .... 302

XII. — Of the Code of Judicial Procedure, and its

nature and objects . 306

XIII. - Of the evils arising from a defective method of

Judicial Piocedure . 312

XI V. — That the laws pf a country ought to depend on

certain general principles, and be arranged ac¬ cording to some system — the knowledge of which forms a Science . 316

XV. — Of the quality of the English system of Law . 320

XVI. — Of the causes of Litigation, independently of

the quality of Laws . 325

XVII. — Of the expediency of reducing the laws of a

couutry to a systematic Code . 327

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ADVERTISEMENT.

J-T has appeared requisite to offer to the English reader some explanation of the nature *and object of the present work.

The substance of the ensuing Discourses formed part of a series of Lectures delivered in years 1833 and 1834, in the College Hall of Madras, to an audience chiefly compos¬ ed of Natives .in a respectable class of life.

if #

These Lectures were delivered from Notes ; and, with the exception of the Preliminary address, were couched in the most familiar style, both in language and manner. Every effort was resorted to for the purpose of keepin g alive the attention of a Native audience, and facilitating their comprehension — as, by local and personal illustration, and even occasionally by colloquial discussion.

In reducing the multifarious materials of these Lectures into a connected work, of course such a character of com¬ position could not be adopteji. Nevertheless, to warrant any reasonable hope of attracting the perusal, or fixing the attention, of a Native read’er, a peculiar style and a peculiar treatment of the subjects had to be attempted. The Author who would write well or agreeably to an English reader, upon the topics treated of in this work, must write as addressing those who already know much, and have thought much. He who seeks to impart information of this nature efficiently, even to the most enlightened portion of the Native Public who understand English, must address himself

ADVERTISEMENT.

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to those who know little, and have thought less upon tl?ese subjects. He has to recollect that, not only are many of the expressions he is constrained to use new to the Native reader, as well as peculiarly comprehensive and abstract— but that his ideas, and his sentiments, and his narrative

statements are also new to him. They are often alien alto-.- gether to such a reader’s' preconceptions, and even to his personal feelings. It is seldom that allusion is permissible —explanation is necessary at every step. Literary graces must be freely sacrificed — literary faults must sometimes be leaned to.

These considerations have constantly operated on the Author’s mind ; and, indeed, have occasioned his .main difficulties in composition. His chief study has been to write suitably to Native comprehension — he has at the same time felt a desire to elevate their thoughts and feelings. He has likewise kept in view the contingency of some at¬ tempt at an exposition of the subject-matter of these trea¬ tises through the medium of the Native languages. Actu¬ ated by these impressions he has from time to time commu¬ nicated portions of his manuscript to intelligent Natives, and has been in some degree guided and encouraged by their approbation.

Th« Author has thought it due to himself to offer these explanations to the English reader upon the style and quality of the ensuing treatises.' He is prepared to be criticised by such without favour, but he is unwilling to be judged without fairness.

It may he surmised, perhaps, in reference to the above observations, that this publication is at least premature — that it neither deserves, nor is calculated, to be popular ; and therefore it is not likely to be useful. 'Ibis is so novel an undertaking that the Author indulges no speculation as

ADVERTISEMENT.

to itg popularity with any classes of the Native public. But he is nevertheless buoyed up by the hope of its becom¬ ing useful, even though it may never become popular. Since the time when the Lectures above alluded to were delivered, a very extraordinary change has become notorious in the sentiments of Native Society throughout India. An at¬ tachment to the British rule has -gradually extended, and an admiration of its institutions. A spirit of social inter¬ course has begun to prevail, and a desire of amalgamation as fellow-subjects of one Empire. But, above all, a convic¬ tion of the advantages of English education, and an earnest desire to promote it, and thereby to gain the only true qualifi cat ions for office and station, in the state and in society, has spread widely among the superior classes of the Native population. This change of feeling can no longer be disput¬ ed nor despised. Seventy thousand Natives of respectabili¬ ty entreating by one single petition the patronage of Go¬ vernment to the cause of education is a sufficient proof afc least that such a spirit is awakened. If, indeed, the dif¬ fusion of knowledge and the increase of scholastic instituti¬ ons has hardly kept pace with the wants and wishes of the people, yet the care of the Indian Governments and the be¬ nevolence of societies and of individuls have provided a whole rising generation oLNative students in English litera¬ ture. A Native public so directing their attention to these noble and national objects ; and arising generation so vers¬ ed in the more useful departments of English learning, can hardly devote their inquiries to topics of more true interest to themselves and to their country, than such as are treated of in the ensuing pages.

If there existed any English works which compendiously and suitably expounded the principles of Government and „ of law, and the fundamental constitution of the English and Indian Governments, to which enlightened Natives might

IV Advertisement

resort with an assurance of easy and adequate information, the following work would perhaps neither merit nor receive any notice. But, if it would be vain to point to English lite¬ rature for such purposes, the attempt in some degree to sup¬ ply such a deficiency is not a misguided one. It may serve to direct Native thought into new and productive channels — it may serve thereby to'strengthen the union of the Native people under the British rule. It may at least prepare the way for the more successful labours of those who may bring that interrupted leisure, and apply that continuous thought, to their task, which, however necessary, the avocations of the author of these Essays would not permit.

It may be objected to the following Discourses that, as they contain little that has not been better written before by accredited authors, it would have been fair, and useful to the studious inquirer, to have quoted copiously and distinct¬ ly the authority from which most of the positions appear to be taken. But the truth is that not much has been borrow¬ ed from preceding authors. What is not new has been at least newly treated of ; and very little consultation has been given to the great writers on politics, moral philosophy, and jurisprudence, until after the task of composition was closed. The work has^ indeed, been corrected, and some¬ times adorned, on subsequent references to such authorities — and the learned reader (if any should be at the pains to take up this Volume) will be feminded, occasionally as he proceeds, of Bacon, of Locke, of JUontesquieu, of Hume, of Mill, of Aristotle, and of others. But he will see, at the same time, that there is not room for frequent reference to such authorities, in consequence of the manner in which their common subjects have been worked up in these treatis¬ es. Some positions, it is believed, are altogether new — as, for instance, what have been advanced as the true distin¬ guishing principles of the Civil and Criminal Codes. The most frequent resemblance may perhaps be found between

ADVERTISEMENT.

<7 some portions of this work and some portions of Bodin’s* Republic, and of Paley’s Moral and Political Philosophy — and yet not a line of either of those treatises was ever read by the Author till after these Discourses had been written, nor has a line been since altered in consequence of such perusal. He was, however, forcibly struck with the following obser¬ vation in the preface of the latter .writer ; which observa¬ tion he adopts for himself: * “ My method of writing has “ been, to extract what 1 could from my own stores and my “ own reflections in the first place, to put down that, and “ afterwards to consult upon each subject such readings as te fell in my way : which order, 1 am convinced, is the “ only one whereby any person can keep his own thoughts “ from sliding into other men’s trains.” Of course these re¬ marks apply only to the didactic portion of the work.

It has been in the Author’s contemplation to proceed somewhat further with these dissertations ; and to add dis¬ courses on the nature and quality of the laws of England, as administered in the Supreme Courts of India, and on the

law of India, as administered in the Provinces. These

*

might be followed up by expositions of the course of judi¬ cial procedure in the Supreme Courts ^(and particularly as regards the administration of criminal laws,) and of the course of judicial procedure in the Provincial Courts. It will be allowed, perhaps, that such disquisitions, if ade¬ quately treated, would not be / without interest or without use. It remains, however, to learn whether the reception of this volume should encourage a repetition of the present expe-

* It has been remarked by a great critic and Philosopher (Dugald Stewart) that the observations of no political writer 11 have been more frequently transcribed without “ acknowledgment,” than those of Dodin. And, certainly, the palpable resemblance of many of bis positions, and much of his reasoning to those in the 1st and 6th of the following Discourses would lead a learned reader to class their Author (but for his posi¬ tive assertion to the contrary) as open to the same imputation. Bodin, however, abounds in errors, and even absurdities ; and, bad a transcriber used his pages, he would hardly have avoided noticing, or refuting tin m. The Author has not done sc for the obvious reason that, at the time of writing, he was net aware of them.

VI Advertisement

riment. In the mean time it has been announced, that Lord Auckland’s government has suggested to the Boards who have the superintendence of national education in India, the expediency of measures for engaging qualified indivi¬ duals in the composition of various Elementary Treatises, as manuals of public instruction— among which are very judiciously included treatises on local law. It may be reasonably hoped that individuals will be found ready to engage in such an honourable duty, who are not only far more conversant in the local law of India than the Author of this work pretends to be — but who are more likely, from their acquaintance with Oriental languages, and an intimate knowledge of the mental character and disposition of the Natives, to fall into a happier vein of composition. At all events they will possess that requisite leisure for the task, which this Author cannot command.

The Author has but one further observation to make — which is upon his having affected to 'present, as well as to dedicate, his work to the people of India. It is not that he assumes to put any value upon it — it may be altogether worthless, and continue to be thought so. On the other hand, it is possible that it may attain a higher degree of attention than at present he can expect. In that case he wishes it to be known that he claims no copyright. He has so little of an Author’s regard for his work, that he cares not who may thisk fit to print it, or to extract from it, or to use up any portion of it. .He has been desirous of affording a fair profit to the publisher of the first Edition-

fixing the price as low as is compatible with such profit _

and he has also fixed some price with a view to save him¬ self from any serious pecuniary loss. But, if either of those purposes are answered, he places no other restriction on any benefit the Public is able to derive from this work.

Madras, May 30 Ih, 1841.

BAY *

* PRELIMINARY

ADDRESS.

Right Honorable <SV'r,f Gentlemen , tr;ic? ?>?<y Friends ,

I am about to undertake a task, which I cannot hope justly to fulfil ; but it is an effort in which any success what¬ ever must diffuse wide and lasting benefits. I aim at open¬ ing to the minds and reflection of the Native Community a knowledge of the principles of government and of justice — an acquaintance with the plan of government under which they live — a knowledge of the nature of its laws, and of the appointed course for the administration of justice un¬ der them.

I have meditated much on the difficulties of this under¬ taking ; and, now, on the entrance of my path, I pause in hesitation and doubt. The only encouragement on which I rely, and which animates me at thvs moment, is that zeal, and that anxiety, which the spectacle before me of so nu¬ merous a body of Natives of the first class proves. Other feelings subside in gratification while addressing myself to those who evince such an unequivocal desire of availing themselves to the utmost of the means of improvement my labours can offer.

* The substance of this address (a note of which was published at the time) wa 8 delivered in the College Hall of Madras as the commence¬ ment of a series of Lectures on the present and other subjects. It is here republished as an introduction to the subsequent discourses.

f The Governor, Sir Frederick Adam, was preseut.

o *

PRELIMINARY ADDRESS.

I have reason to know that you have become aware of the honorable policy which for some years past has char¬ acterized the measures of the governments, both of Eng¬ land and India towards the Natives. The prospects and pri¬ vileges now opened to you, of attaining to important offices in the civil government of your country, and in the admi¬ nistration of its laws* are at the same time dependent on * your qualifications to sustain them. You have been for¬ ward in shewing yourselves worthy of the opportunities thus afforded of advancing your political and social position. Much of this was expected of you by your fellow-subjects. They have not been deceived. Be assured that your en¬ deavours will be cordially fostered by the government in England ; and that the same disposition is felt in India re¬ quires no better proof than the presence of the Governor and of so many of the heads of society on the present occasion .

Of one voluntary effort on the part of the Hindoo com¬ munity for the advancement of sound knowledge amongst themselves it behoves me here to speak. I allude to the institution of a Hindoo Literary Society, am'ong the first fruits of which is the undertaking in which I am now engag¬ ed. I am gratified to find that this Society has deemed the principles of government and of law, the plan of power, the quality of the laws under which they live, and the ad¬ ministration of those laws, to be among the most valuable departments of useful0 knowledge. Under this impression some of its most respected members have from time to time consulted me on the best method of prosecuting their own studies or of directing the application of others ; and it is scarce necessary to inform those versed in learning of this nature, and who are acquainted with the pre¬ sent progress of your community in English literature, that no satisfactory advice could he afforded. I might point in vain to the learned works of European scholars in politics and in laws ; I might look in vain amongst these works for the most elementary opening of such branches

PRELIMINARY ADDRESS.

d

of knowledge, such as might at once be adapted to the peculiar circumstances which characterize the present con¬ dition of the people of this Empire, and to their present state of mental cultivation.

All that I could accomplish in furtherance of these honor - . able desires— all that lies in my power in advancing that great interest in the native publip at large to become worthy of the prospects placed before them — I am now about to attempt. I have thought it possible to effect something for the public benefit, in bringing before your view, through an easy and popular style of delivery, such as I now aim at, some outline of the principles of Government, of Justice, and of Law — some intelligible explana¬

tions of what plan of government, and what course in the administration of the law, prevails throughout this your native land. To these my best services I bid you welcome. I hope to excite at least an impulse in your minds to consider the vast national importance of your progress in this department of knowledge, on which all your dearest interests are wound up. Hereafter (and the sooner that time arrives the better) you, or those who come after you, will

better attain such information through Books and Treatises adapted to your progress in literature and experience in life.

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Let me endeavour to engage your attention by enlarging somewhat further on topics calculated to infuse a desire and confidence on your parts in the pursuit to which I invite you, and at the same time to cheer my own spirit at this com¬ mencement of my labours. If we rest our momentary no¬ tice on the early and feeble beginnings of a great work, how insignificant do they appear— but that our contempla¬ tions are soon absorbed in the worth and magnificence of the work designed. Iiow trivial a thing in itself is the first plunge of the ploughshare in the wild soil of a wasted country — how animating and sublime the vision of expand¬ ed fertility to which it directs our thoughts. Let us not be disinheartened at the quality of these our first attempts, nor by the apprehension of the little we may accomplish. I call to mind what were the fears and sensations of one, who, in opening to the view of my own countrymen in England a systematic display of the nature of the English law and government, proved in the result one of the greatest be¬ nefactors of his age. I call to mind what were his feelings when, without patronage, or* office, or duty, he first on a mere voluntary engagement, and before a few private students, undertook that task which afterwards became the source of avast national boon, and of his own perpetual fame.

Pretensions such as these I do not advance — but I can¬ not fail to draw encouragement from the similarity of our undertakings. This eminent man, meditating upon the duty cast on every enlightened citizen to become acquaint¬ ed in some degree with the laws of his country, and mindful how necessary was the profound study of those laws to all who sought professional or political distinction, points out in forcible language how discouraging, even to the English student, was the entrance to the study of the law — without public direction in what course to pur¬ sue his enquiries — no private assistance to remove the dis¬ tresses and difficulties which will always embarrass a be¬ ginner ; so that the student might be left to a tedious lonely process of extracting* from a mass of undigested learning: and, he adds, it was, little to be wondered at, under disadvantages like these, that men of moderate capa¬ city confused themselves at first setting out, and continued dark and puzzled during the remainder of their lives.

If with these considerations on his mind this learned and patriotic man resolved to devote his talents and acquiiements

* Sir William Blackstone, the author of the Commentaries on the Laws of England.

PRELIMINARY ADDRESS.

to that great object in which his success was so conspicuous — hfcw much more forcibly do the present difficulties which overwhelm the efforts of the native community of India to attain to this valuable knowledge appeal for assistance. I owards such an object, indeed, I might venture to trust that my present services are not ill-directed. But how am I to disguise, and how can I explain aJ way, those difficulties which, not only the very nature i5f my task, but the peculiar quality of my audience must necessarily oppose to my suc¬ cess. The subjects on which 1 am about to discourse are in themselves profound and, to any but an attentive and an intelligent mind, repulsive. When Blackstone addressed himself to well educated English youths, burning with a de¬ sire to enter on those studies on which their fame or fortune were to depend, he could not refrain from expressing his fears lest an inadequate manner might beget a distaste to the learning he aimed at imparting, or lest a defective execution should leave a blight upon its fruits. Gifted with an eloquence that could charm attention — abounding in all the requisite knowledge — and addressing an assembly of scholars, as greedy to receive instruction, as competent and willing to applaud his labour — he, nevertheless, hesitated at the thought of a failure which might hinder, rather than ad¬ vance, the object of his rational hopes.

But if any such considerations could justify diffidence in him — I cannot deny that thiy operate with far greater weight on my own reflection. Neither can I shut out from my own view — nor will I attempt to do so from yours — other more discouraging obstacles to my success. I cannot but be conscious how incapable I may be deemed of so ex¬ pressing myself in a language not your own, as at once to carry with me your comprehension, and to give due effect to my meaning. T he novelty of such studies as these — your indistinct and unconsidered notions of government, and of law — your peculiar tenets of religion and of caste — your pe¬ culiar domestic habits — and your very modes of thinking and of expression, so widely differing from those of my own countrymen — these are all sources of perplexity, which, if they do not overwhelm me with despondence, palpably warn me of what I have to struggle against.

Such are without disguise the obstacles in our path let us turn our more cheerful regard to those means by which through our united exertions we may surmount them — never losing sight of the noble result we aspire to, in the advance¬ ment of the best and national interests of your community.

I would first exhort you not to distrust your own men¬ tal powers, or the effects of persevering labour at improve-

ago to address myself

Bombay as I now address this audience, I doubt if three natives could be found there to whom I should have made myself intelligible. NN ere I now to invite such an attendance in that city, I am fully per¬ suaded that more than one hundred enlightened and anxious students would flock to such a call. do what powerful cause was this to be attributed ? do the pa¬ triotic wisdom and to the energy of one man — who made it the care of his government that the plain — the infinite — advantages of sound knowledge should be unfolded to the view of the heads of native society in that presidency. To Mr. Elphinstone, and the zealous and able agents of his policy in forwarding the sanm cause in which I am engag¬ ed, pie your neighbours indebted for that extraordinary advancement, both political and social, which cannot fail to have attracted your admiration and interest. But, were I to compare the condition of the native community of that, presidency, as I first knew it, iu point of acquaint¬ ance with the English language, and progress in literary acquirements, with the position of yourselves at this mo¬ ment, I cap feel no hesitation in declaring the superjori-