James Wheeler - India Under British Rule

British collectors.

Warren Hastings did perhaps the best he could under the circumstances. By the stroke of a pen he converted the British supervisors into British collectors of revenues; and thus brought the new collectors into direct contact with the zemindars, who collected yearly rents from the ryots or tenant farmers. The next work would have been to re-measure all the lands and to make fresh estimates of the average yearly value of the produce of each field. This work had been carried out within the Company's zemindary at Calcutta, and many frauds and errors had been discovered and corrected. But what was possible in an estate, was impossible in a territory considerably larger than the British isles. Warren Hastings had no means at his disposal for re-measuring the lands and revaluing the yearly produce, and it was utterly impossible to get at the actual facts as regards rents and revenues. Not only were the records lost, but the revenue administration was in utter confusion; the ministers exacted what they could from the zemindars, and the zemindars in their turn oppressed the ryots. Moreover, no reliable information could be obtained from ryots or zemindars, who were alike suspicious of British intentions and mortally terrified by the British invasion. The new British collectors, with the help of native officials, arrived at some approximate estimate of the rents paid by the ryots in each zemindary, and then every zemindar in possession was called upon to pay a certain lump sum as yearly revenue for the whole during a term of five years. If he accepted a lease for the five years, well and good. If he refused, the lease was sold to the highest bidder, with no other reserve than that of requiring him to give the necessary security for the yearly payment to the British collectors.

Disastrous results.

Auction sales of zemindaries.

The experiment proved a failure. The revenue demands had been fixed too high. Such was the passion for local influence, that many zemindars had agreed to pay a larger revenue than could be realised from the rents. Vast amounts were lost as arrears that could not be realised. Many zemindaries were sold by auction, and were bought up by native speculators who were ruined in their turn. When the five years' leases had run out no attempt was made to renew them; but zemindaries were let on yearly leases until some permanent system could be devised, and this arrangement continued in force until the end of Warren Hastings's administration.

Judicial reforms: Mohammedan criminal courts.

§7. The system of judicial administration introduced by Warren Hastings was equally cautious and experimental. Bengal zemindars ceased to act as magistrates or judges. The British collector became magistrate and civil judge. 11 11 The control over the country police was also transferred from the zemindars to the new magistrates and collectors. This measure was good in itself, but attended with disadvantages, which will be brought under review hereafter. As magistrate he made over all prisoners for trial to a Mohammedan court, which was created in each district, but over which he maintained some degree of control. A cazi sat as judge and tried the prisoners, whilst muftis and mulvis expounded or interpreted Mohammedan law; but the British collector was present to see that trials were properly conducted, and perhaps to intercede when the punishment awarded was barbarous or cruel. This was little more than a reform of the existing system—such a reform as might have been carried out by an Akbar or Aurangzeb. For centuries Mohammedan law had been the common law of Northern India, and Hindu criminal law, with its hideous severities as regards caste, had been ignored by Mogul rulers, although, no doubt, caste laws were often enforced by the Hindus themselves.

Mixed civil courts: collectors, cazis, pundits.

Civil justice was administered more directly by the British collectors. In civil disputes, especially as regards inheritance and marriage, the parties concerned were necessarily guided by their own laws. Accordingly the collector sat as judge, but was assisted by Mohammedan lawyers in deciding cases between Mohammedans, and by learned Brahmans, or pundits, in deciding cases between Hindus. Under most circumstances the cazi or pundit must often have been the real judge, whilst the British collector was only the representative of the supreme authority.

Courts of circuit and appeal.

Courts of circuit and appeal were also appointed to travel through different areas, and sit as British judges of assize in both criminal and civil courts. Here was that same mixture of British and Asiatic judges as in the collectors' courts. But many changes were made from time to time in the judicial system, and the whole question will be better considered hereafter when dealing with the reforms of Lord Cornwallis, who eventually succeeded Warren Hastings as Governor-General.

Chief court or Sudder.

Meanwhile the Governor and Council still formed the chief court at Calcutta, and confirmed all capital sentences, or heard appeals in important civil cases, as in the old times when British authority was bounded by the Mahratta ditch. From time to time they passed regulations for the guidance of collectors, and eventually Warren Hastings drew up a clear and concise criminal code with his own hands. This chief court was known as the Sudder. It had a civil and a criminal side, and lasted as an institution down to the latest days of the East India Company. 12 12 The old Sudder Courts at Calcutta, Madras, and Bombay finally disappeared in 1862, when they were amalgamated with the Supreme Courts, which will be described hereafter, and which, up to that date, were exclusively composed of barrister judges. In the present day they are forgotten by all but lawyers familiar with a past generation, yet the Sudder Courts played their part in the history of the past. In the beginning of the nineteenth century, when the Marquis of Wellesley was Governor-General, three civilians were appointed judges in the Sudder, one being a member of Council and the Chief Judge in the room of the Governor-General.

Patriarchal justice.

Under such circumstances British ideas of justice gradually superseded Mohammedan usages. Indeed it was impossible to maintain the criminal law of the Mohammedans in courts controlled more or less by British judges. Under Mohammedan law theft was punished by mutilation, adultery was punished by death, or not punished at all unless four eye-witnesses could be produced; whilst the most atrocious murderer might escape from justice by the payment of a blood fine to the kinsmen of his victim. Cazis and muftis might be nominally independent, but practically they yielded to British influences; and British judges administered justice in a patriarchal fashion, which might be condemned by trained lawyers, but was far better suited to the condition of the masses than British courts of law in the last century.

New members of Council and barrister judges.

§8. Whilst carrying out these reforms Warren Hastings was taken somewhat aback by the appointment of three English gentlemen, not in the service of the Company, to seats in the Calcutta Council. At the same time four barrister judges, equally independent of the Company, were sent out from England to form a Supreme Court of Judicature at Calcutta for the administration of English law, civil and criminal. The jurisdiction of the Supreme Court was to extend to all British subjects, and to all Asiatics who were servants of the Company or had dealings with British subjects. The Chief Justice was Sir Elijah Impey, who was known to Hastings, as the two had been schoolfellows together at Westminster. The three other barristers were puisne judges.

Regulating Act of 1773.

The three new members of Council and the four new Supreme Court judges had been appointed, not by the East India Company, but by Parliament and the Crown. The public mind in England had been greatly stirred by reports of maladministration, and in 1773 a "Regulating Act" had been passed to bring the administration of merchant rulers under some control independent of that of the East India Company. No offence was intended to Warren Hastings; on the contrary, he was raised by the same "Regulating Act" to the post of Governor-General, with a controlling power over Madras and Bombay on all questions of war and peace. He filled the chair as President of the Council, but besides him there was only Mr. Barwell, who belonged to the Company's service. The three remaining members were the three strangers and outsiders—General Clavering, Colonel Monson, and Mr. Philip Francis, the reputed author of the Letters of Junius .