Report, 1852-continued. B. Bagdad. System of correspondence of the Government of Bombay with the Resident at Bagdad, adverted to, Sir G. R. Clerk 1552, 1553. Beas River. Extent to which the Beas is navigable, Sir G. R. Clerk 1948-1950. Behar. Peculiar form in which slavery existed in some parts of Behar, Cameron 2115. Benares. If the recent acquisitions in the Punjauh be added to the Agra Presidency, the Province of Benares should be taken therefrom and attached to Bengal, Sir H. Maddock 2175. BENGAL: 1. Practice in regard to the Governorship. 2. Defects of the present Mode of Government. 1. Practice in regard to the Governorship: The governorship of Bengal is held by the Governor-general without any separate Council, as in the case of the minor Presidencies, Melvill 656——Occasional transfer by the Governorsgeneral of the Government of Bengal to one of the Council, Sir H. Maddock 792. 892895-Practice which has obtained of selecting the senior member, or President of the Supreme Council, for the deputy governorship of Bengal, ib. 864, 865--Circumstance of witness as a member of Council having held the governorship during the presence of Lords Ellenborough and Hardinge at Calcutta, Bird 1015-1022--The Deputy Governor of Bengal is appointed from among the members of the Council; the senior member, whether civil or military, is always appointed, Robertson 2422-2424. 2. Defects of the present Mode of Government: Disadvantages to the Government of Bengal in its being much less continuous in one person than that of the other Presidencies, Sir H. Maddock 793. 864, 865--Insecurity under the present system of any permanency in the office of Governor of Bengal, Sir H. Maddock 867, 868; Millett 1456--Great importance of relieving the Governorgeneral from the details of the Government of Bengal, Sir H. Maddock 894; Bird 982; Millett 1455-1458. 1462, 1463; Mill 3120--During the last sixteen years there have been ten Governors, all acting without a Council, Bird 983, 984--Inconveniences of a transfer of the Government of Bengal to a member of Council, ib. 986, 987. 1018-1023. Impossibility of the Governor-general adequately administering the affairs of Bengal, as well as of all India generaily, Bird 983-986—Present multiform duties devolving on the Governor of Bengal, ib. 994, 995. 999-1001– -He has no control whatever over expenditure, ib. 996-998--The Governor-general in being also Governor of Bengal has too much on his hands, Millett 1456--A member of Council, when Governor of Bengal, has likewise a great deal too much to do, ib. 1456. 3. Future Form of Government considered: How far more desirable that the affairs of Bengal should be administered by the Governor-general in Council, or without a Council; witness prefers the latter mode, Melvill 713-720-There should be a separate governor for Bengal; manner of his appointment, Sir H. Maddock 794-796. 869-872--If a separate governor were chosen from the Supreme Council, his period of service in the Council should not affect his tenure of the governorship, ib. 870-873--The Government of Bengal should be assimilated to that of Agra, and should be administered without a Council by a Lieutenantgovernor appointed by the Governor-general, Bird 983-991; Sir G. R. Clerk 1656. 1660-1665; Robertson 2385-2388. 2425. There is no reason why the Council of India should not assist the Governor-general in the Government of Bengal, Bird 928. 983-He should not be a member of the Supreme Council, though he might occasionally attend, ib. 992, 993- -The Governorgeneral in Council should appoint the Governor of Bengal, Millett 1459-Such Governor should act without a Council, ib. 1461--The Governor-general would still acquire a sufficient knowledge of the details of government, if Bengal were transferred from his administration, Sir G. R. Clerk 1666, 1667. 4. Papers laid before the Committee. Memorial of the Hindoo inhabitants of Bengal and its dependencies to the Court of Directors, to repeal Act 21 of 1850, which altered the Hindoo law of inheritance, App. 41-I. BENGAL-continued. Report, 1852-continued. 4. Papers laid before the Committee-continued. 358-364- -Paper delivered in by Sir H. Maddock, containing ample details as to the scholarship examinations of the Government colleges and schools in Bengal for 1850-51, App. 365-412. See also Patronage, 2. Tours of Inspection. Bentinck, Lord William. Circumstance of Lord William Bentinck having taken his Council with him to the Neilgherry Hills during the passing of the Act of 1834; consequence thereof, Sir H. Maddock 890, 891. Bethune, Mr. See Law Commission. Penal Code, 1. Bhurtpoor. Admirable condition of this State in regard to cultivation, Sir G. R. Clerk 1639. 1641-1643. Bird, William Wilberforce. (Analysis of his Evidence.)--Has served in different capacities in India for upwards of 40 years; was a member of the Council of India, and frequently Deputy Governor of Bengal, 927-Defectiveness of the Council in having no representative from the Presidencies of Madras or Bombay, 928. 930-933-Advantages of such representatives being included therein for the purpose of advising on local matters, &c., 928-935-There is no reason why the Council of India should not assist the Governor-general in the Government of Bengal, 928. 983-Circumstance of Agra and Bengal being at present represented in the Supreme Council, 935, 936--Satisfactory and expeditious manner in which proceedings are carried on in the Council, 937, 938. Advantage of selecting the members of Council from those public officers who have had the greatest experience in different departments of the service, 939-942-Objection to secretaries to the Council being appointed members thereof, unless possessed of experience in other departments, 941, 942-Expediency of the legislative member of Council being entitled to sit and vote upon all occasions, just like the other members, 943-946---Efficient manner in which the duties of legislation are performed by the Legislative Councillor, 947-951. 964-966. 971--Approval of the present system in regard to the preparation and passing of laws by the Council, 947-966. 971. Course adopted of publishing throughout the country copies in English of all Acts about to be passed, 952-956--Such copies are not translated into the native languages, but are sufficiently understood in English, 957-961 -Occasional modification of intended laws, in consequence of representations by the natives, 962, 963—— The rule of publishing drafts of intended Acts is sometimes suspended, 967-971Translation of all Acts when passed into the Persian or vernacular language, 972-974. 981--Circumstance of Persian being the language of the courts, though it is gradually giving way to Bengalee and Hindostanee, 974. 977. 980-Acquaintance of the natives generally with the laws, 975, 976---There are no public discussions by the natives of proposed Acts, 978, 979. Expediency of separating the Government of Bengal from the Governor-general, 982987. 1023-Impossibility of the Governor-general adequately administering the affairs of Bengal as well as of all India generally, 983-986-There should be a separate governor for Bengal, to be appointed iu the same way, and to have the same powers, as the Deputy Governor of Agia, 983, 984. 986. 988-991--Impracticability at present of the Governor of Bengal making tours throughout the province; importance of his doing so, 984. 1002-1004--The separate Governor of Bengal should not have any council, 988-991--He should not be a member of the Supreme Council, though he might occasionally attend, 992, 993-Present multiform duties devolving on the Governor of Bengal, 994, 995. 999-1001-He has no control whatever over expenditure, 996-998. Power of the Governor-general during his absence from Calcutta without his Council; how the same is determined, 1004. 1014. 1024-1030--Manner in which he transacts business during such absence; staff which accompanies him, 1005-1013--Circumstance of witness, as a member of Council, having held the Governorship of Bengal during the presence of Lords Ellenborough and Hardinge at Calcutta, 1015-1022Argumenis in favour of continuing the seat of Government at Calcutta, 1031-1044Objections to a transfer thereof to Bombay, 1035, 1036. 1040--Facilitation of orders throughout India from Calcutta to be expected from railways and the electric telegraph, 1038-1043. Evidence in favour of the proposal, that one member from Madras and another from Bon bay be added to the Council of India; certain objections to this proposal answered, 1045-1076-Greater advantages of such constant representation in the Council of the affairs of those Presidencies than of any other less direct means of obtaining the required local information, 1045-1050. 1059-1063--Witness would, for this purpose, reduce the number of members in the Madras and Bombay Councils, but would not assimilate the Government of those Presidencies to that of Agra, 1053, 1054--Reasons in favour Report, 1852-continued. Bird, William Wilberforce. (Analysis of his Evidence)—continued. favour of retaining the present form of Government at Madras and Bombay, and keeping it distinct from that of Agra, 1054. 1085-1087. 1101-1107. How far there may be any greater expenditure on public works in Bengal and Agra in proportion to the revenue thereof than is the case in Madras and Bombay, 1072-1075 With respect to such expenditure generally, it is a matter of regret that more has not been done, 1077-1081-Reference to the partial assimilation of the pay and allowances of the armies in the several Presidencies, 1082-1084-Importance of a continuance of two separate Governments for Madras and Bombay, 1085-1087-Reduction of the Madras ariny since the wars in the Deccan adverted to, 1088--In the event of the death of the Governor-general the Government devolves upon the senior member of Council; no inconvenience has ever resulted from such devolution, 1089-1100. With respect to the Home Government of India, it is very desirable that the Court of Directors should mainly comprise persons of long Indian experience, 1108-1110There are several inconveniences in the mode of election of Directors (such as the canvassing, the voting by proxy, &c.), which deter retired servants of the Company from becoming candidates, 1111-1117-It is doubtful whether there would be any advantage in allowing the right of voting to all retired servants on arriving in England, 1118– 1125--Servants of the Company on leave of absence in England should not be permitted to vote, 1121, 1122. Distinction between the meaning of the terms "covenanted" and "uncovenanted" servants; higher class of offices filled by the former, 1126-1132. 1167–1178—Origin and meaning of the "Covenant," 1130, 1131. 1182, 1183--Large share of judicial business administered by the uncovenanted servants; able and satisfactory character of such administration, 1131-1136--The judicial functions are mainly exercised by natives, whose decisions are for the most part characterised by ability and integrity, 1133-1149-Great improvement effected by the means adopted of late years for securing integrity and competency in native judges, 1136. 1142. 1145, 1146 Special advantages of natives as judges, 1136, 1137--Practice in regard to appeals from the several native courts, 1140--Disposition of the natives to appeal, and to indulge in litigation generally, 1141, 1142-Confidence of the natives in the decisions of some native judges, although not under English supervision, 1147-1149. Character of the education and condition of the families of the natives in the Judicial Department; few of them can speak English, 1150, 1151. 1159-1162--Rare employment of persons of half caste in important offices; slight respect in which this class are generally held; their numbers are on the decrease, 1152-1158. 1163, 1164- Improvement of late years in the moral character of the English in India, 1164-1166——The uncovenanted service generally is on the increase, 1167--Eligibility of the uncovenanted class if properly qualified for subordinate Government appointments, 1167-1169 --Their ineligibility by custom or law for higher offices adverted to, 1169–1171. 11761178--Highest class of appointments to which uncovenanted servants have hitherto been appointed, 1172-1175. Complaints made by uncovenanted servants in regard to furloughs and pensions, 11791181--Practical exclusion of natives from covenanted medical appointments, 1184, 1185. 1191-1193-Evidence in favour of the distinction between covenanted and uncovenanted servants being kept up, 1186, 1187. 1198-1207--Approval of the employment of natives in subordinate medical posts; objection to their being appointed as surgeons on the establishment, 1187-1190--Skill of natives in surgery adverted to; prejudices existing against them, 1187. 1189, 1190. 1193-1195. Witness strongly advocates an increased employment of uncovenanted servants in subordinate departments, though he objects to the civil service being entirely thrown open to the natives at the present time, 1196-1207- Difficulty experienced in finding Europeans, in India, properly qualified for the higher offices, 1199. 1205-1209-Importance of keeping the natives in a degree of subordination to the English, 1200. 1203Greater integrity of European than of native officials, 1201- The only objection to an increase of the covenanted service is the expense, 1208. Objection to the present system of pensions, as inducing competent men to retire from service long before their faculties are on the wane, 1210-1217-As a guarantee of good conduct the prospect of a pension is not required, 1214-1217-Inconveniences arising from the present furlough regulations; respects in which the efficiency of the service is impaired thereby, 1210. 1220-1224. 1226, 1227-A revision of the furlough regulations would now be very unpopular, 1218-1220-It would be an advantage if pensions were given at a later period of life, 1225. No inconvenience cr injury to good government arises from the limited period of office assigned by usage to the higher functionaries in India, 1228, 1229-After the five years' tenure of office of a Member of Council has expired, he should not return again to the service, 1229. Report, 1852-continued. Bird, William Wilberforce. (Analysis of his Evidence)-continued. [Second Examination.]-It is extremely desirable that the recall of the Governorgeneral should be the joint act of the Court of Directors and the Board of Control, and that any difference of opinion between them on the subject should not be made known, 2285-2290. 2296-2301-If the power of recall be exercised by the Court of Directors, their opinion should be that of a decided majority, and should be virtually unanimous, 2291-2296. Bishops. Salaries of the Indian Bishops; whence defrayed, Melvill 478, 479. See also Agra Bishopric. Calcutta, Bishop of Board of Control. Increased power vested in the Board by the Act of 1834, Melvill 172 -Checks to which the orders of the Board are subjected by the Court of Directors, ib. 177-182- -Occasional settlement of disputes between the two authorities, by their respective law officers, ib. 236-238-Proportion of the drafts or official communications of the Court of Directors, which is altered by the Board, ib. 269, 270-Nature of the checks exercised by the Board of Control over the Court of Directors, Sir G. R. Clerk 1800-1811-Circumstance of the initiative not resting with the Board, except in the Secret Department, Mill 3043, 3044. See also Court of Directors. Despatches. Governor-general, 3. Home Bombay. The Government of Bombay consists of a Governor and Council, Reid 2432, 2433-Bombay has a distinct civil service and army, ib. 2434- -Particulars as to the finance arrangements of Bombay; different sources of revenue, ib. 2451-2470 -The control of the Supreme Government in India has not been in any way beneficial to Bombay, ib. 2492-The control of the Home Government is not injurious, ib. 2605- The Government should be more independent of the Supreme Government, ib. 2711-2715——— Deficiency of revenue at Bombay adverted to, ib. 2716–2719. Copies of all proceedings at Bombay are submitted to the Governor-general in Council, Pringle 2872, 2873-The Governor-general rarely interfered with the minute details of the Bombay Presidency, ib. 2874--Inconvenience arising from the restriction imposed on the powers of the Bombay Government by the Act of 1833, ib. 2876-2879. 2884Suggestions for the improvement of the relations between the Government of Bombay and the general Government of India; injurious effects of the restriction placed on the local Government with regard to appointments, ib. 2893-2899. 2902. See also Army. Correspondence, 1. Councils. Criminal Law. Code. Expenditure. Patronage, 2. Public Works. Subordinate Governments. Supreme Court, 3. Bombay Marine. See Navy. Bond Debts. See Debt of India. Elphinstone Small Cause Courts. Brahmins. Light assessment of Brahmins in consequence of their not working as cultivators of the soil, Sir G. R. Clerk 1731. British Subjects. British subjects are now treated in civil cases precisely like the natives, Millett 1363-Mode of procedure adopted towards British subjects charged with criminal offences, ib. 1364-1371—They are tried in the Supreme Courts under the jury system, ib. 1366-1370-Mode of trial of British officers for debts incurred in the provinces, ib. 1372, 1373-Anomaly and injustice of the manner in which foreigners and other subjects of Great Britain in India are treated under the law, Cameron 20662070. 2072; M'Leod 2764, 2765.-See also Lex Loci. Penal Code, 2. Brown, Mr. Rights of slavery exercised by Mr. Brown at Malabar, where he had a large pepper plantation, Cameron 2120, 2121. Bullion. Considerable importation of late years of bullion into India from China and this country, Melvill 102-105. Burmah. Belief of the Burmese Government that there is no authority beyond the Court of Directors, Reid 2674. Calcutta, Bishop of Extent of the jurisdiction of the Bishop of Calcutta, Melvill 475–477 -Amount of his salary, ib. 478-Extra allowances for travelling expenses during his visitations, ib. 480-482. Cameron, Territories.] CAMERON, CHARLES HAY. Report, 1852-continued. 7 Cameron, Charles Hay. (Analysis of his Evidence.)-Was fourth member of the Council of India from 1843 to 1848; succeeded Mr. Amos, 1957, 1958-The Law Commnission during the greater part of this period comprised only witness as president, and Mr. Daniel Eliott, who undertook to act as secretary, 1959--Witness and Mr. Eliott reviewed and reported upon all the criticisms which had been made upon Mr. Macaulay's penal code, and recommended that it should immediately be made law, 1960, 1961— Dates of the presentation of the draft of the code, and of the reports upon the criticisms thereon, 1962--These reports delivered in; they have not been presented to Parliament, 1963, 1964, and App. p. 349--Proceedings consequent upon these reports, 1965. 19961998. Alterations suggested by witness and Mr. Eliott, and subsequently by Mr. Bethune, in Mr. Macaulay's penal code, 1966-1969--Possibility of properly translating the code considered; statement by Mr. A. D. Campbell quoted, to the effect that it was untranslateable; facility nevertheless with which two of the most difficult chapters of the code were translated by Sir Henry Elliot, 1970-1974--Witness has lately heard that it has since been translated in full by a civil servant of the Company in India, 1975, 1976--Means already adopted, or which might be taken, to make the natives acquainted with the code, 1976, 1977. 1979-1981 -Propriety of submitting the code to the opinions of the natives before its enactment, 1978, 1979. Circumstance of the Bombay Government having more than once applied for the enactment of the code for that Presidency; minute thereon made by witness as member of the Council, recommending his colleagues to accede to such requests for the application of the code to Bombay, 1982. 1995--Slight acquaintance (locally) of witness with Bombay and Madras, 1983-1986--Opinion that the Law Commission should, before legislating, have visited various parts of India in order the better to understand the different character and wants of the several Presidencies; clause in the last Charter Acts referred to as advising such visits to be made, 1987-1990--Remonstrances made by witness to the Supreme Council on the subject of such visits were not attended to, 1990, 1991. Protest made by the Law Commission on the subject of inquiries into slavery in India before legislation, 1991-1993--Date of the abolition of slavery, 1994--Plan of pleading and procedure prepared by the Law Commission in consequence of a recommnenda ion by witness, 1995---Impossibility of the Government of India duly considering the penal code, or the other recommendations of the Law Commission, 1999, 2000—— Resumé of the legislative reforms proposed by the Law Commission, 2001-2006. Explanation as to the plan of a model civil court for India, proposed by witness through the Law Commission; reference of the same to this country, and approval thereof by Sir F. Thesiger and Sir F. Kelly; its non-adoption by the Court of Directors commented on, 2002, 2003. 2028-2030. 2073, 2074--Constitution and mode of procedure of the model criminal court recommended by the Law Commission, 2007-2013--Contemplated introduction of three assessors or jurors into the Criminal Court, the Judge having power to overrule their verdict, 2008-2011--Successful working of the system of juries referred to in Ceylon, where witness introduced it many years ago, 2014-2016--Extent to which juries have been introduced in several parts of India, 2017-2020--Explanation of the punchayet system, 2021-2027. The great evils of the criminal judicature of India are the immense diversity of the laws, and the extreme uncertainty of them, 2031.--Detail of the beneficial changes that would have been effected by the proposed uniform penal code, 2031 et seq. Anomaly and injustice of the Mahomedan law in different parts of India in regard to the crime of adultery, 2034, 2035. 2070- -The Mahomedans would not object to the nonadministration of their law of adultery in the courts of law, 2036. 2052-2054- Instance of the evils consequent on the present state of the law in regard to perjury, 2036-2038 Minute of Sir Charles Metcalfe, in 1829, upon the subject of the extreme discordance of the laws of India, and the necessity of an uniform code being applied thereto, 2042. If the Home authorities had properly supported the recommendations of the Law Commission, a great part of the evils of the law would by this time have been removed, and all of them would have been in course of removal, 2042-2045-Respects in which legislation may have affected the religious feelings of the natives, 2043, 2044-—The natives of Europe and of India were proposed to be treated by the Law Commission under one penal code, 2046. 2049-2055--Correspondence between Lord Ellenborough and witness, in 1835, produced and read, as showing the general duties which the Law Commission was going to fulfil, and the course to be adopted, so as not to interfere with existing rights, 2046 (Ev. p. 194-197). The Law Commission recommended the codification of the Mahomedan and Hindoo laws, and the enactment of one penal code, applicable to all persons, and calculated to remove the existing evils of diversity and uncertainty, 2048-2055. 2057-2060--Mention of some of the diversities proposed to be dealt with by the penal law, 2056-2060 --Suggested establishment by the Law Commission in each Presidency of a general |