DHARAMPAL ARCHIVES: BOUND VOLUME

BV-01: Nature of Indian Society (1800) and
the Foundations of the Present Structure
(A Note and Some Illustrative Material)


This volume contains a total of 13 documents along with introductory material by Shri Dharampal. The volume runs into 87 pages. Please click below to read detailed contents of this volume.


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A Note on Sources and Themes

Summary
The document titled ‘The Nature of Indian Society (circa 1800) and the Foundations of the Present Structure’ serves as a note on sources and themes, emphasizing the need for a comprehensive inquiry into the historical context of Indian society during the British colonial period. The author begins by addressing a common misconception regarding the governance of India by the East India Company (E.I.Co.) prior to 1858. It is stated that while the British Government of India appeared to operate under the directives of the E.I.Co., the reality was that the role of the Company in formulating policies was minimal. The British Parliamentary Act of 1784 established a ‘Board of Commissioners for the affairs of India’, which was tasked with overseeing the governance and revenue collection of British territories in the East Indies. This Board, comprising Privy Councillors, had access to all documents of the E.I.Co. and was responsible for preparing detailed instructions for the governance of the three Presidency Governments in India. The E.I.Co.’s contribution was largely limited to signing and dispatching these instructions, with the Board holding the primary responsibility for policy formulation.

The document further outlines the main sources of information regarding this period, including various manuscript collections, correspondence between the Board and the E.I.Co., and draft despatches to the Presidencies. It is noted that these sources contain a vast array of documents, some of which are missing or have been lost over time. The author highlights the importance of understanding the organization of Indian society, including village structures, caste customs, educational patterns, and agricultural practices, as they were in the early 19th century. Detailed records from the Boards of Revenue provide insights into land ownership, community control over land, and the redistribution of land among proprietors.

The document also discusses the changing indigenous systems and the establishment of the present administrative, military, and judicial frameworks from 1784 to 1860. It is noted that the British initially maintained existing religious and cultural practices, which later faced opposition from emerging Christian Evangelical movements. The adoption of Muslim criminal law across India and its subsequent transformation into the Penal Code is mentioned as a significant development. The author emphasizes the need for a thorough inquiry into the historical records to verify long-held assumptions about Indian society and to reformulate perspectives based on documented facts. This inquiry is deemed essential for informing contemporary policies and planning.

In conclusion, the document calls for the preparation of socio-economic and cultural histories of Indian districts based on primary records from 1760 to 1860. It suggests that such histories would provide a more accurate basis for district planning and development. The author proposes a preliminary study to assemble salient facts and statistical data from original records, which could serve as a foundation for further research. The document underscores the importance of accessing archives in London, where a significant collection of relevant materials is housed, to facilitate this inquiry and provide a comprehensive understanding of the historical context of Indian society during the colonial period.

People

Places
India , Bengal , Madras , Bombay , Calcutta , Madras , Delhi , Gujarat , Jaunpur , Benares

Groups
East India Company , Board of Commissioners , British Government , Christian Evangelicals , land proprietors , cultivators

Events
1784 : British Parliamentary Act established the Board of Commissioners for the affairs of India.
1790 : Beginning of various systems adopted for land revenue collection.
1830 : Emergence of Christian Evangelical movements opposing British cultural practices.
1858 : Transition of governance from the East India Company to the British Crown.

The Board Explains its Powers

Summary
The document titled ‘The Board Explains its Powers’ is a formal letter dated July 27, 1803, authored by the Board of Commissioners for the Affairs of India, addressed to the Court of Directors of the East India Company. The primary purpose of the letter is to clarify the powers of the Board in relation to the governance of India, particularly in response to doubts expressed by the Court regarding the Board’s authority over the College of Fort William. The Board emphasizes the importance of maintaining a clear understanding and respect for the legitimate authority of both parties involved.

The Board begins by acknowledging the Court’s Draft No. 177 concerning the College and expresses the necessity of addressing the Court’s concerns regarding the Board’s powers. It asserts that acquiescing to the Court’s doubts would undermine the Board’s essential functions as defined by the Act of 1793. The Board cites specific clauses from the Act that empower them to supervise and direct all matters related to the civil and military governance of India, including revenues. It highlights that the Court and the Secret Committee are required to obey the directions issued by the Board and to forward them to India without delay.

Furthermore, the Board discusses the limitations imposed on its authority, particularly regarding patronage. It notes that the Act restricts the Board from directly appointing officers or increasing their salaries without a despatch from the Court. The Board explains that while these restrictions are necessary to prevent undue patronage, they do not diminish the Board’s ultimate authority in governance matters. The Board asserts its right to create new establishments and determine the number of officers and their salaries, while clarifying that decisions regarding the execution of duties and the enjoyment of emoluments fall outside its jurisdiction.

The Board contends that to suggest otherwise would imply that it cannot issue orders that may lead to the creation of new offices, which would contradict its established powers to direct military and civil affairs, including treaty approvals and revenue management. It emphasizes that the authority to revoke or modify orders lies with the Board, especially in circumstances that may warrant reconsideration. The Board critiques the Court’s interpretation of the law, arguing that it conflates the power of governance with the power of appointment, which the Legislature intended to reserve for the Board, subject to parliamentary oversight.

In conclusion, the Board expresses its obligation to disapprove of the Court’s Draft and directs that a despatch, in line with its own directives, be sent to Bengal at the earliest opportunity. The letter underscores the Board’s commitment to fulfilling its responsibilities effectively while navigating the complexities of authority and governance in colonial India.

People
Lord Wellesley , W. Brodrick

Places
Fort William , Bengal , Whitehall

Groups
Board of Commissioners for the Affairs of India , Court of Directors of the East India Company

Events
July 27, 1803 : The Board of Commissioners for the Affairs of India issues a letter to the Court of Directors of the East India Company explaining its powers.

The Making of the Bengal Zamindari Settlement

Summary
The document titled ‘The Making of the Bengal Zamindari Settlement’ consists of correspondence primarily between Mr. Henry Dundas and the Chairman of the East India Company, dated 29th August 1792. The correspondence addresses the urgent considerations surrounding the Decennial Settlement of the Revenue in Bengal, which had been a matter of significant attention for Lord Cornwallis and the Government of Bengal. Mr. Dundas indicates that he and Mr. Pitt have devoted considerable time to this issue, culminating in the drafting of a despatch intended for the Court of Directors. The initial pages of the despatch outline the rationale for the necessity of a timely decision on the matter, reflecting the complexities involved in the revenue settlement process. Mr. Dundas expresses a desire for concurrence on their opinions from the Chairman and the Court of Directors, emphasizing his respect for Mr. Shore’s capabilities, which he acknowledges more fully upon detailed examination of the subject. Additionally, a note from Mr. Ramsey to Mr. Beaufoy is included, which conveys the Court’s resolution to adopt the proposed despatch regarding the perpetual settlement of revenues. This resolution was made during a Court of Directors meeting on 12th September 1792, affirming the decision to support the recommendations made by the Right Hon’ble the Commissioners for the Affairs of India as communicated by Mr. Dundas. The document illustrates the procedural and administrative dynamics of the East India Company in relation to revenue management in Bengal, highlighting the collaborative efforts of key figures in addressing the complexities of colonial governance.

People
Henry Dundas , Mr. Pitt , Lord Cornwallis , Mr. Shore , Mr. Ramsey , Mr. Beaufoy

Places
Bengal , Whitehall

Groups
East India Company , Court of Directors , Government of Bengal

Events
29th August 1792 : Letter from Mr. Dundas to the Chairman of the East India Company regarding the Decennial Settlement of the Revenue.
12th September 1792 : Court of Directors’ resolution to adopt the proposed Despatch regarding the perpetual settlement of revenues.

Land Rights and Village Organization

Summary
The document titled ‘Land Rights and Village Organisation’ is a report authored by S. Lushington, Collector of Tinnevelly and Ramnad Pollams, dated December 29, 1800. The primary purpose of the document is to elucidate the nature of land tenures in specific districts of India, particularly the Tinnevelly Pollams, Ramnad, and Shivegunga, prior to the sale of lands to proprietary landholders. The report categorizes the land tenures into three main types: Agrahrah Vadiky, Pundarah Vadiky, and lands that have gone to waste. The Agrahrah Vadiky villages are characterized by their absolute proprietary rights being held predominantly by Brahmins, who have historically acquired these lands through endowments or purchases from rulers. The report explains that the ownership is communal among the proprietors, with each individual holding a share of the village’s property, referred to as ‘Pung’ or ‘Bahgum,’ which is further divided into ‘Caray.’ This communal ownership implies that all proprietors are jointly responsible for the village’s revenue and equally entitled to any benefits derived from the land. The document notes that a lottery system is employed periodically to redistribute village lands among proprietors, thereby reinforcing the communal nature of land rights.

The second category, Pundarah Vadiky, is distinguished by the predominance of Soodra inhabitants, although the distinction is primarily one of caste rather than tenure. The document highlights the social dynamics between Brahmins and Soodras, noting that Brahmins tend to avoid intermingling with Soodras to maintain their status. The report includes a translation of a bill of sale between ryots, illustrating the formalities involved in land transactions within these villages. The deed specifies the date and auspicious conditions under which the sale is executed, emphasizing the importance of authentication by all proprietors involved.

The third category encompasses lands that are not considered available for sale, primarily occupied by Soodra inhabitants. These lands have historically been passed down through generations and are not subject to the same practices of ownership transfer as the previous categories. The document indicates that the rights to these lands have been maintained since ancient times, with no significant challenge to the people’s rights to land ownership throughout various historical upheavals. The report argues that despite the perception of Hindu governments as despotic, the ordinances of religion functioned as laws that were generally just and beneficial. Even during periods of foreign invasions and subsequent legal confusion, the fundamental rights to land ownership remained largely intact, with the poorest cultivators retaining their rights as long as they fulfilled their obligations to the state. The report concludes by emphasizing the importance of understanding these tenures to avoid difficulties in the permanent settlement of lands in the region.

People
S. Lushington

Places
Tinnevelly , Ramnad , Shivegunga

Groups
Brahmins , Soodras

Events
1800-12-29 : Report by S. Lushington on land rights and village organization

The Making of Present Indian Polity: A chapter from Benaras and Behar (1810-1812)

Summary
The document titled ‘The Making of Present Indian Polity: A Chapter from Benares and Behar (1810-1812)’ presents a historical analysis of the Indian independence movement, particularly focusing on the events surrounding the imposition of a house tax by the British authorities in the early 19th century. Authored by Dharampal in January 1967, the text critiques the portrayal of the Indian populace as passive and submissive, arguing instead for a recognition of their inherent resistance to colonial rule. The document highlights the role of Mahatma Gandhi in harnessing the national consciousness and the historical context of civil disobedience in India.

The introduction outlines the prevailing narrative of Indian society as docile, which has been used to justify colonial rule. It emphasizes that the emergence of a vocal class was not merely a product of colonial opportunities but rooted in the national character. Gandhi’s leadership is framed as a culmination of historical resistance rather than an isolated phenomenon. The text argues that the British administration’s attempts to enforce submission through oppressive measures ultimately failed to eradicate the people’s inherent attitudes toward authority.

The narrative details the events in Benares from 1810 to 1812, when the British government attempted to levy a new house tax. The tax was met with widespread resistance, leading to significant unrest among the populace. The Acting Magistrate’s reports from December 1810 illustrate the escalating tensions, as citizens united across various social classes to protest against the tax. The document recounts how the people of Benares organized themselves, refusing to comply with the tax and resorting to collective action, which included shutting down shops and mobilizing in large numbers.

As the situation intensified, the British authorities responded with a combination of military force and proclamations aimed at quelling the unrest. The Acting Magistrate’s correspondence reveals the government’s struggle to maintain order and the people’s unwavering resolve to resist the tax. Despite the government’s attempts to portray the eventual modifications to the tax as acts of benevolence, the narrative underscores that these changes were a direct result of the people’s resistance.

The document also draws parallels between the events of 1810-1812 and later civil disobedience campaigns in the 1920s and 1930s, suggesting that the spirit of resistance was a consistent thread in Indian history. The conclusion reflects on the implications of these historical events for contemporary Indian polity, emphasizing the need for a deeper understanding of the relationship between the government and the governed. The author calls for a reassessment of Gandhi’s role, positioning him as a figure deeply rooted in the Indian tradition of resistance rather than a distant elite.

In summary, the text serves as a critical examination of the historical dynamics between colonial authority and Indian society, highlighting the enduring legacy of resistance that shaped the path toward independence.

People
Mahatma Gandhi , James Mill , Gopal Krishna Gokhale , Dharampal

Places
Benares , Behar , Bengal , Orissa , Patna , Sarun , Moorshedabad , Bhaugulpore , Uttar Pradesh

Groups
Hindoos , Mahommedans , Lohars , Mistrees , Jolahirs , Hujams , Durzees , Kahars , Bearers , Zemindars , ryots

Events
1810-11 : Imposition of house tax by British authorities leading to widespread resistance in Benares and surrounding regions.
November 26, 1810 : Collector of Benares informs Acting Magistrate about the steps for tax assessment.
December 25, 1810 : Acting Magistrate reports serious unrest among the inhabitants of Benares due to the new tax.
January 4, 1811 : Acting Magistrate notes the growing combination against the house tax.
February 4, 1811 : Government expresses satisfaction at the submission of the people of Benares but refuses to grant a general pardon.
May 9, 1812 : Abolition of the house tax by Regulation VII, 1812.

Share of Gross Produce going towards Land Revenue. Reports of some Madras Collectors (circa 1850)

Summary
The document titled ‘Share of Gross Produce Going Towards Land Revenue: Reports of Some Madras Collectors’ (circa 1850) presents a collection of responses from various collectors regarding the proportion of gross agricultural produce allocated for government assessment in the Madras Presidency. The responses are dated between 1852 and 1855 and reflect the varying practices and assessments across different districts. The primary purpose of the document is to provide insight into the land revenue system and the economic conditions of the ryots (cultivators) during this period.

The report begins with the findings from Guntoor, dated December 31, 1852, where it was noted that the government share typically constituted half of the gross produce after deducting fees and perquisites. However, it was acknowledged that certain privileged classes in specific villages were allowed a greater proportion, while others received less. Despite a decline in the prices of staple crops like jonna and paddy, it was suggested that the overall condition of the ryots had not deteriorated due to the production of other commodities and reduced rates from previous assessments.

In Nellore, a response dated April 13, 1853, indicated that after deducting 61% for village artificers’ fees, the government share was 11 parts out of 20 of the remaining produce. The collector expressed uncertainty regarding the accuracy of these assessments, noting a lack of reliable field war produce accounts. A subsequent report from May 19, 1853, presented a comparative analysis of the prices of wet grain over different years, illustrating a significant loss incurred by the ryots due to low conversion rates of the government share into money.

Chingleput’s report, dated July 22, 1854, stated that the government share of gross produce remained consistent with practices under the previous Mohamdan government, fluctuating between 39% and 50%. The average shares were calculated to be approximately 42% for the government, 44% for cultivators, and 14% for village fees. North Arcot’s report from August 28, 1854, indicated a nominal government share of 50% for certain types of irrigation and 33 1/3% for others, with deductions made for village servant fees.

In South Arcot, the assessment was based on a moiety of the remaining produce after deducting fees, leading to a government share of 50%. Tanjore’s report from January 29, 1853, noted that various deductions were made before determining the government share, which was set at 50% for certain types of land. Reports from Trichnopoly and Madura indicated that the general average government share was around 50%, with variations in specific villages.

The report from Tinnevelly, dated April 4, 1854, described a historical context where the government and ryot shares were approximately 44% and 56%, respectively, before permanent assessments were established. Coimbatore’s report, dated July 6, 1854, highlighted a structured assessment system with varying proportions for different types of land. Lastly, the report from Salem, dated January 17, 1855, noted that the assessment was based on an average yield, with a general division of 1/3 for the government and 2/3 for the ryot, although concerns were raised regarding the high assessments impacting the ryots’ livelihoods.

Overall, the document illustrates the complexities of land revenue assessments in the Madras Presidency, revealing the economic challenges faced by the ryots and the varying practices across different districts. The reports collectively indicate a trend of high government shares and the impact of low market prices on the cultivators’ ability to sustain their livelihoods.

People
Mr. Smalley , Col Read , Mr. Ravenshaw

Places
Guntoor , Nellore , Chingleput , North Arcot , South Arcot , Tanjore , Trichnopoly , Madura , Tinnevelly , Coimbatore , Salem , Malabar

Groups
ryots , village servants , privileged classes

Events
31.12.1852 : Guntoor report on government share of gross produce.
13.4.1853 : Nellore report on government share and fees.
19.5.1853 : Nellore report on comparative prices of wet grain.
22.7.1854 : Chingleput report on government share under previous government.
28.8.1854 : North Arcot report on government share for irrigation types.
10.5.1808 : Mr. Ravenshaw’s report on South Arcot assessments.
29.1.1853 : Tanjore report on deductions before government share.
27.12.1852 : Trichnopoly report on average government share.
30.3.1853 : Madura report on government share for various crops.
4.4.1854 : Tinnevelly report on historical government and ryot shares.
6.7.1854 : Coimbatore report on structured assessment system.
17.1.1855 : Salem report on average yield and government share.

Land Revenue in Tinnevelly District: 1801-1947. A computation as share of the produce.

Summary
The document titled ‘Land Revenue in Tinnevelly District: 1801-1947’ presents a statistical analysis of the economic impact of land revenue policies in the Tinnevelly District of India during the nineteenth century. Authored by Dharampal on September 28, 1966, the document aims to quantify the land revenue collected by the State and its implications for the rural economy, particularly focusing on the primary agricultural product of the region, paddy. The author emphasizes the use of statistical representation to minimize subjective biases in the analysis. The choice of Tinnevelly as the focal district is attributed to the accessibility of historical data from the nineteenth century, suggesting that similar analyses could be conducted for other districts or smaller administrative units.

The document outlines that the land revenue, in monetary terms, has remained relatively stable over the 150-year period from 1801 to the 1940s. It notes that the area under cultivation increased from approximately five lakh acres in 1820-1 to between 10-12 lakhs by the 1940s. Correspondingly, the land revenue rose from Rs. 18-20 lakhs during the early years to over Rs. 30 lakhs in later decades, with rates fluctuating between Rs. 3-4 per acre. However, when the monetary amounts are converted into paddy equivalents at prevailing prices, a different picture emerges. For instance, from 1801-02 to 1852-3, the paddy equivalent of land revenue fluctuated between 175 to 250 seers (360-515 lbs) of paddy per acre, with higher quantities required for payment during certain years, particularly when the price at harvest was lower than the annual average.

The analysis further details fluctuations in land revenue per acre in paddy equivalents across various periods, highlighting significant drops during droughts and famines, particularly from 1864-65 to 1875-6. The document notes that the paddy equivalent of land revenue decreased from 100-150 seers during the early 1860s to as low as 10 seers by the late 1940s. The author acknowledges that the price data and cultivated area figures are approximate and subject to various factors, including changes in district boundaries and agricultural practices over time. The document suggests that more accurate statistics could be obtained from primary district records and proceedings of the Board of Revenue, which would provide insights into related occurrences such as droughts, famines, and disturbances.

In discussing the implications of the data, the author notes that Tinnevelly received comparatively favorable treatment in land assessment arrangements during the period from 1820 to 1859, particularly through the oloongoo system, which allowed for adjustments in land revenue based on harvest price variations. The document concludes by indicating that while the analysis provides a quantitative overview of land revenue impacts, a comprehensive understanding of the socio-economic consequences would require further detailed research and corroboration with contemporary narratives. The author also references historical land revenue demands prior to British dominion, illustrating a substantial increase in revenue requirements post-1801, and contrasts these demands with those in neighboring non-British areas, suggesting a more burdensome tax regime in Tinnevelly compared to Travancore. The document includes a detailed table of land revenue data from 1801-2 to 1946-7, alongside population figures and tax collections, to provide a clearer view of the economic landscape during this period.

People
Dharampal

Places
Tinnevelly District , Madras Presidency , Travancore

Groups
cultivators , District Collectors , Board of Revenue

Events
1801 : Beginning of the land revenue collection period in Tinnevelly District.
1820 : Cultivated area recorded at above five lakh acres.
1940 : Cultivated area increased to between 10-12 lakhs.
1864 : Start of a significant drought and famine period affecting land revenue.
1930 : Depression years impacting land revenue collection.
1947 : End of the documented land revenue analysis period.

Strengthening new Zamindars to safeguard land revenue- circa 1800

Summary
The document titled ‘Strengthening New Zamindars to Safeguard Land Revenue’ is a regulatory proclamation issued circa 1800, detailing the framework for land revenue settlements in provinces ceded to the English East India Company by the Nawaub Vizier. The document outlines the necessity of establishing a settlement of land revenue with Zemindars and other land proprietors who are willing to commit to the revenue of their estates. It emphasizes that a permanent assessment of land revenue is to be fixed after a period of ten years, contingent upon the cultivation status of the lands. The regulations affirm the proprietary rights of Zemindars, Talookdars, and other landholders, ensuring that their rights are recognized under British authority, in accordance with local laws and customs. The document expresses concern that some proprietors, due to various reasons such as ignorance or financial desperation, may be inclined to sell or lease their dependent Talooks at reduced rates, potentially undermining the value of their estates and the revenue due to the government. It warns that such actions could lead to a permanent decrease in government resources derived from land revenues and could disrupt the established customs regarding land dues owed to the government. Furthermore, it stipulates that while landholders are granted the authority to set rents for their dependent Talookdars and tenants, any agreements must not infringe upon the government’s primary rights. The document concludes by asserting that land proprietors are not permitted to engage in contracts with their tenants that extend beyond the duration of their own agreements with the government, thereby ensuring the integrity of the revenue system and the protection of government interests.

People

Places

Groups
Zemindars , Talookdars , landholders , under-farmers , ryots

Events

Governmental View of Dhurna and Koorh. (Traga)

Summary
The document titled ‘Governmental View of Dhurna and Koorh (Traga)’ presents an analysis of certain practices among the Hindu Brahmins in the province of Benares, particularly in the pergunnahs of Kuntit and Budhoee. The author discusses the reverence accorded to Brahmins and the perceived inviolability of their persons, which has led to the manipulation of legal processes by some Brahmins. This manipulation is characterized by the use of self-harm and threats of violence as a means of defying governmental authority. The practices described include self-mutilation, threats of suicide through poison, and the construction of a circular enclosure known as a ‘koorh’, where Brahmins may threaten to sacrifice an old woman to prevent governmental enforcement actions. The document also notes that Brahmins may involve their women or children in these acts, threatening harm to them in the presence of government officials to elicit sympathy or compliance. The author highlights that these actions are often motivated by a mix of mistaken honor, resentment, and the belief in a form of posthumous revenge against those perceived as oppressors. Furthermore, the practice of ‘dhurna’ is outlined, where Brahmins may position themselves at the door of another individual, armed and fasting, until their demands are met. The document concludes with observations regarding the effectiveness of governmental intervention, noting that Brahmins typically cease these self-destructive behaviors once taken into custody, suggesting that the threats may be more performative than genuine. Overall, the text provides a critical view of the intersection between religious practices and governmental authority, illustrating the complexities of social dynamics within the Hindu community in this region.

People
Brahmins

Places
Benares , Kuntit , Budhoee

Groups
Hindoo religion

Events
1795 : Preamble to Bengal Regulation XXI of 1795

Some steps in the making of the new criminal law

Summary
The document titled ‘Some Steps in the Making of the New Criminal Law’ discusses the framework of criminal law as it pertains to the Mahomedan legal system, particularly around the year 1800. The author outlines the discretionary powers vested in the sovereign and their delegates regarding the sentencing of criminals, specifically under the categories of tazeer, acoobut, and seasut. The document is structured to clarify the conditions under which discretionary punishment may be applied, particularly in cases where specific penalties (hud or kissas) are not applicable due to insufficient evidence or other legal exceptions.

The text identifies three primary scenarios in which the sovereign’s discretion is exercised: firstly, for offences lacking a specific penalty; secondly, for crimes that fall under the provisions of hud and kissas but do not meet the evidentiary standards required for such a sentence; and thirdly, for heinous crimes that may necessitate exemplary punishment beyond the prescribed penalties. It is noted that the Mahomedan law allows for an unlimited discretion in such severe cases, including the potential for capital punishment.

The author critiques the current application of the Mahomedan law, highlighting that the futwas issued by law officers often reflect the degree of proof against the accused rather than the actual guilt of the individual. This has resulted in penalties that may be inadequate for the severity of the crimes committed. The document emphasizes the need for a more structured approach to sentencing that ensures adequate punishment correlates with the gravity of the offence, particularly in cases of robbery and murder, which are described as prevalent and often accompanied by violence.

The text further discusses the inadequacies in the existing legal framework concerning robbery, particularly where it involves violence or murder. It points out that the distinctions made by the Mahomedan law regarding the location of the crime and the status of the offenders often lead to unjust outcomes. The author argues for a reformation of these provisions to ensure that all heinous crimes are subject to appropriate punishment, regardless of the circumstances surrounding their commission.

Additionally, the document addresses the transportation of convicts, suggesting that only those convicted of heinous offences should be transported beyond the seas, while others should serve their sentences locally with hard labor. The Governor General in Council is noted to have enacted rules aimed at standardizing the application of discretionary punishment across the provinces of Bengal, Behar, Orissa, and Benares. These rules outline the procedures for trials involving discretionary punishment, emphasizing the necessity for judges to consider the nature of the crime and the evidence presented.

The document concludes with a series of regulations designed to guide judges in determining appropriate punishments for crimes that do not have specific penalties outlined in either the Mahomedan law or existing regulations. It stipulates that judges must consult with law officers regarding the severity of punishment and ensures that no punishment is imposed based solely on suspicion without credible evidence. This comprehensive approach aims to establish a more equitable and just legal system that aligns with the principles of public justice and the need for uniformity in the adjudication of criminal cases.

People
His Excellency the Most Noble the Governor General in Council

Places
Bengal , Behar , Orissa , Benares

Groups
Mahomedan law officers , criminal courts , Honorable the English East India Company

Events
circa 1800 : Discussion on the framework of criminal law under the Mahomedan legal system.

The basis of the new law and order (circa 1800)

Summary
The document titled ‘The Basis of the New Law and Order’ from circa 1800 discusses the disparities between the provinces of the Carnatic and Bengal in terms of their readiness for the implementation of a permanent settlement. The author notes that the Bengal provinces exhibit a higher degree of order and subordination to government compared to the Carnatic and particularly the Polygar provinces and Northern Circars. It is asserted that these regions are not adequately prepared to receive the benefits intended for them due to their lesser familiarity with the habits and sentiments of civilized society. This observation is deemed crucial for the successful execution of the proposed measures. The author emphasizes that any efforts to introduce a structured system of governance or to instill a sense of the value of permanent rights would be futile until the populace is sufficiently prepared to appreciate the advantages being offered. Consequently, the primary objective is identified as the establishment of governmental authority across the various Eemindari regions before any attempts are made to encourage local participation in the benefits conferred by the government. The document further argues that this cannot be effectively achieved until the prevailing spirit of rebellion and insubordination, particularly evident in the Northern Circars, is subdued. The author stresses the necessity of dismantling all subordinate military establishments within the territories under British dominion as a means to secure this objective. The regions in question must be brought to a state of subjection where they acknowledge and submit to the principles of governance. The author posits that the local population must recognize their dependence on British beneficence and wisdom for the advantages they are to receive, as well as their reliance on British protection for the maintenance of these benefits. It is concluded that the expectation of any benefits from the introduction of a permanent system or the establishment of a regular judicial authority is precluded until this essential preliminary condition is met.

People

Places
Carnatic , Bengal , Polygar provinces , Northern Circars , Eemindari

Groups

Events
11.2.1801 : Revenue Despatch to Madras

Some aspects of administration: Madras (1855)

Summary
The document titled ‘Some Aspects of Administration – Madras 1855’ is a correspondence from the Revenue Department of the East India Company addressed to the Court of Directors, dated 25th September 1855. The correspondence discusses the necessity for the increased employment of Uncovenanted Agency in the Madras Presidency, highlighting the challenges faced by Collectors in managing their extensive duties and the inadequacy of current staffing levels. The document references a report from the Board of Revenue dated 22nd January 1855, which advocates for the employment of Uncovenanted and Deputy Assistant Collectors to enhance administrative efficiency.

The document outlines the considerable responsibilities assigned to Collectors, which include managing land revenue, judicial powers, police supervision, public works, and financial management. The average size of the districts in Madras is noted to be significantly larger than those in the North Western Provinces, with each district averaging 6,842 square miles and a population of approximately 1,100,000. In contrast, the North Western Provinces average only 2,322 square miles and a population of 700,000. The Board of Revenue emphasizes the overwhelming workload faced by Collectors, which leads to delays, neglect, and unaddressed grievances within the public service.

The correspondence further discusses the inadequacy of the current Covenanted Service, which is insufficient to meet the demands of the growing population and increasing administrative responsibilities. The Board proposes the creation of 60 positions for Uncovenanted Deputy and Assistant Collectors, suggesting that their employment would alleviate the burden on Collectors and improve the overall efficiency of revenue collection and administration. The document details the proposed structure, salaries, and responsibilities of these new positions, as well as the anticipated positive impact on reducing corruption and improving public service.

In conclusion, the correspondence urges the Government of India to sanction the proposed appointments and legislative changes necessary for the establishment of these new roles. It emphasizes the pressing need for reform in the administrative structure to ensure effective governance and the proper management of public resources. The document reflects a commitment to improving the administrative framework in the Madras Presidency, recognizing the critical role of efficient governance in maintaining order and justice in the region.

People
H.C. Montgomery

Places
Madras , Bengal , North Western Provinces , South Arcot , Nellore , Tanjore , Canara , Guntoor

Groups
East India Company , Board of Revenue , Covenanted Service , Uncovenanted Agency , Collectors , Tahsildars

Events
22nd January 1855 : Report of the Board of Revenue advocating for the employment of Uncovenanted and Deputy Assistant Collectors.
13th August 1855 : Views of the Government recorded in Extract Minutes Consultation regarding the necessity of employing Uncovenanted Agency.

Guidelines for Military Organization (1858)

Summary
The document titled ‘Guidelines for Military Organization’ dated March 31, 1858, is a communication from Lord Ellenborough, President of the Board of Commissioners, to the Chairman and Deputy Chairman of the East India Company. It discusses the establishment of a Commission by the Governor General in Council, which was instructed to investigate various aspects of military organization in India, particularly concerning the army’s future structure. The Commission was to consist of military officers from the three presidencies, experienced officers from the Queen’s Army, and civilians, tasked with inquiring into twelve specified areas, among others deemed relevant by the Governor General. However, it is suggested that the Commission may not produce a unified report due to the likelihood of differing opinions among its members.

The document emphasizes the importance of diversity in the composition of regiments, arguing against a uniform model for all regiments. It is posited that the existing differences among the three armies—Bengal, Madras, and Bombay—have historically provided strategic advantages and should be maintained. The author recommends several methods for composing regiments in the Bengal Army, including raising corps in specific districts, forming units based on separate tribes or castes, and enlisting natives from other tropical countries. The recommendations for the Madras and Bombay armies suggest that no immediate changes are necessary, although the principles for Bengal should be considered.

Further, the document discusses the role of Native Commissioned Officers and suggests the introduction of European sergeants and corporals in each company, while cautioning against creating a purely monetary incentive for soldiers. The promotion of non-commissioned officers is also addressed, advocating for a system that rewards distinguished service while allowing for gradual advancement based on merit. The establishment of a Military Police is proposed, with the intention of maintaining a clear distinction from regular troops and promoting individuals from both the police and army for leadership roles.

The document highlights the need to restore the powers of commanding officers in Native Regiments and emphasizes the importance of discipline, suggesting that soldiers must respect their officers. It is proposed that all courts martial be composed solely of European officers, reserving minor offenses for Native courts. The necessity for officers to learn the vernacular language and to develop a positive relationship with native soldiers is also underscored, as it is believed that early training in a Native Regiment is crucial for effective leadership.

Lastly, the document concludes with a reflection on the challenges of providing for European officers in various staff roles without compromising the efficiency of regiments. The author expresses hope that the Court will find merit in the views presented and that their recommendations will be communicated to the Government of India promptly. The overall tone of the document is formal and reflects a careful consideration of military organization in the context of British India.

People
Lord Ellenborough , Chairman of the East India Company , Deputy Chairman of the East India Company

Places
India , Bengal , Madras , Bombay

Groups
Military Officers , Queen’s Army , Native Troops , East India Company

Events
1858-03-31 : Communication regarding military organization in India and the establishment of a Commission for inquiry.

Guidelines for Military Organization (1858)

Summary
The document titled ‘Guidelines for Military Organization’ dated March 31, 1858, is a communication from Lord Ellenborough, President of the Board of Commissioners, to the Chairman and Deputy Chairman of the East India Company. It discusses the establishment of a Commission by the Governor General in Council, which was instructed to investigate various aspects of military organization in India, particularly concerning the army’s future structure. The Commission was to consist of military officers from the three presidencies, experienced officers from the Queen’s Army, and civilians, tasked with inquiring into twelve specified areas, among others deemed relevant by the Governor General. However, it is suggested that the Commission may not produce a unified report due to the likelihood of differing opinions among its members.

The document emphasizes the importance of diversity in the composition of regiments, arguing against a uniform model for all regiments. It is posited that the existing differences among the three armies—Bengal, Madras, and Bombay—have historically provided strategic advantages and should be maintained. The author recommends several methods for composing regiments in the Bengal Army, including raising corps in specific districts, forming units based on separate tribes or castes, and enlisting natives from other tropical countries. The recommendations for the Madras and Bombay armies suggest that no immediate changes are necessary, although the principles for Bengal should be considered.

Further, the document discusses the role of Native Commissioned Officers and suggests the introduction of European sergeants and corporals in each company, while cautioning against creating a purely monetary incentive for soldiers. The promotion of non-commissioned officers is also addressed, advocating for a system that rewards distinguished service while allowing for gradual advancement based on merit. The establishment of a Military Police is proposed, with the intention of maintaining a clear distinction from regular troops and promoting individuals from both the police and army for leadership roles.

The document highlights the need to restore the powers of commanding officers in Native Regiments and emphasizes the importance of discipline, suggesting that soldiers must respect their officers. It is proposed that all courts martial be composed solely of European officers, reserving minor offenses for Native courts. The necessity for officers to learn the vernacular language and to develop a positive relationship with native soldiers is also underscored, as it is believed that early training in a Native Regiment is crucial for effective leadership.

Lastly, the document concludes with a reflection on the challenges of providing for European officers in various staff roles without compromising the efficiency of regiments. The author expresses hope that the Court will find merit in the views presented and that their recommendations will be communicated to the Government of India promptly. The overall tone of the document is formal and reflects a careful consideration of military organization in the context of British India.
People
Lord Ellenborough , Chairman of the East India Company , Deputy Chairman of the East India Company
Places
India , Bengal , Madras , Bombay
Groups
Military Officers , Queen’s Army , Native Troops , East India Company
Events
1858-03-31 : Communication regarding military organization in India and the establishment of a Commission for inquiry.

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