It is clear, therefore, that we find the law in a state of utter uncertainty. It is equally clear that we cannot leave it in that state. We must either withdraw from a large class of slaves a protection to which the Courts under the jurisdiction of which they live now think them entitled, or we must extend to a large class a protection greater than what they actually enjoy.

We have not the smallest hesitation in recommending to his Lordship in Council that the law throughout all British India should be conformable to what, in the opinion of the Court of Nizamut Adawlut at Allahabad, is now actually the law in the presidency of Fort William, and to what, in the opinion of the Court of Foujdarry Adawlut at Fort St. George, is now actually the practice in the Madras presidency: that is to say, we recommend that no act, falling under the definition of an offence, should be exempted from punishment because it is committed by a master against a slave.

The distinction which, in the opinion of many respectable functionaries, the law now makes between acts committed against a free man and acts committed against a slave, is in itself an evil, and an evil so great, that nothing but the strongest necessity, proved by the strongest evidence, could justify any Government in maintaining it. We conceive that the circumstances which we have already stated are sufficient to show that no such necessity exists. By removing all doubt on the subject, we shall not deprive the master of a power the right to which has never been questioned, but of a power which is and has for some time been, to say the least, of disputable legality, and which has been held by a very precarious tenure.

To leave the question undecided is impossible. To decide the question by putting any class of slaves in a worse situation than that in which they now are, is a course which we cannot think of recommending, and which we are certain that the Government will not adopt. The inference seems to be, that the question ought to be decided by declaring that, whatever is an offence when committed against a free man, shall also be an offence when committed against a slave.

It may, perhaps, be thought that by framing the law in this manner, we do, in fact, virtually abolish slavery in British India; and undoubtedly, if the law, as we have framed it, should be really carried into full effect, it will at once deprive slavery of those evils which are its essence, and will ensure the speedy and natural extinction of the whole system. The essence of slavery, the circumstance which makes slavery the worst of all social evils, is not, in our opinion, this—that the master has a legal right to certain services from his slave; but this—that the master has a legal right to enforce the performance of those services without having recourse to the tribunals. He is a judge in his own cause. He is armed with the power of a magistrate for the protection of his own private interest against the person who owes him service. Every other judge quits the bench as soon as his own cause is called on. The judicial authority of the master begins and ends with cases in which he has a direct stake. The moment that a master is really deprived of this authority-the moment that his right to service really becomes, like his right to money which he has lent, a mere civil right, which he can enforce only by a civil action—the peculiarly odious and malignant evils of slavery disappear at once. The name of slavery may be retained, but the thing is no longer the same. It is evidently impossible that any master can really obtain efficient service from unwilling labourers by means of prosecution before the civil tribunals; nor is there any instance of any country in which the relation of master and servant is maintained by means of such actions. In some states of society, the labourer works because the master inflicts instant correction wherever there is any disobedience or slackness; in a different state of society, the people labour for a master because the master makes it worth their while. Practically, we believe it will be found that there is no third way. A labourer who has neither the motive of the free man nor that of the slavewho is actuated neither by the hope of wages nor by the dread of stripes-will not work at all. The master may, indeed, if he chooses, go before the tribunal and obtain a decree. But scarcely any master would think it worth while to do so, and scarcely

any labourer would be spurred to constant and vigorous exertion by the dread of such a legal proceeding. In fact, we are not even able to form to ourselves the idea of a society, in which the working classes should have no other motives to industry than the dread of prosecution. We understand how the planter of Mauritius formerly induced his negroes to work-he applied the lash if they loitered. We understand how the grooms and bearers are induced to work at Calcutta-they are gainers by working, and by obtaining a good character: they are losers by being turned away. But in what other way servants can be induced to work, we do not understand.

It appears to us, therefore, that if we can really prevent the master from exacting service by the use of any violence or restraint, or by the infliction of any bodily hurt, one of two effects will inevitably follow: either the master will obtain no service at all, or he will find himself under the necessity of obtaining it by making it a source of advantage to the labourer as well as to himself. A labourer who knows that if he idles, his master will not dare to strike him; that if he absconds, his master will not dare to confine him; that his master can enforce a claim to service only by taking more trouble, losing more time, and spending more money than the service is worth, will not work for fear. It follows, that if the master wishes the labourers to work at all, the master must have recourse to different motives; the motives of a freeman, to the hope of reward, to the sense of reciprocal benefit. Names are of no consequence. It matters nothing whether the labourer be or be not called a slave. All that is of real moment is, that he should work from the motives and feelings of the freemen.

This effect, we are satisfied, would follow, if outrages offered to slaves were really punished exactly as outrages offered to freemen are punished: but we are far, indeed, from thinking that, by merely framing the law as we have framed it, we shall produce this effect. It is quite certain that slaves are at present often oppressed by their masters in districts where the magistrates and judges conceive that the law now is what we propose that it shall henceforth be. It is, therefore, evident that they may continue to be oppressed by their masters when the law has been made perfectly clear. To an ignorant labourer, accustomed from his birth to obey a superior for daily food, to submit without resistance to the cruelty and tyranny of that superior, perhaps to be transferred, like a horse or a sheep, from one superior to another, neither the law which we now propose, nor any other law, will of itself give freedom. It is of little use to direct the judge to punish, unless we can teach the sufferer to complain.

We have thought it right to state this, lest we should mislead his Lordship in Council into an opinion that the law, framed as we propose to frame it, will really remove all the evils of slavery, and that nothing more will remain to be done. So far are we from thinking that the law, as we propose to frame it, will of itself effect a great political change, that we greatly doubt whether even a law abolishing slavery, would of itself effect any great practical change. Our belief is, that even if slavery were expressly abolished, it might and would, in some parts of India, still continue to exist in practice. We trust, therefore, that his Lordship in Council will not consider the measure which we now recommend, as of itself sufficient to accomplish the benevolent ends of the British Legislature, and to relieve the Indian Government from its obligations to watch over the interests of the slave population.

REVIEW OF EASTERN NEWS.

No. VIII.

THE state of affairs in Persia has impelled the Indian Government to send a naval force, with troops on board, from Bombay to the Persian Gulf. The accounts from this presidency (p. 222) throw but little light upon the motives and object of this expedition; and the information extracted by Sir Stratford Canning from Sir John Hobhouse, in the House of Commons, though more authentic in its character, is, for politic reasons, scanty and indefinite. It would appear, however, from both sources, that the conduct of the Russians in Persia, and with reference to Central Asia, had inspired apprehensions in our Government at home and in India; that several armed vessels and steamers, with five or six hundred sepoys, under Col. Sherriff, had been despatched, in June last, to the Persian Gulf; that its object was to protect the British establishments in Persia; and that (though this is mere rumour) it is intended to take possession of Karak, or Corgo, an island in the Gulf, five miles long and two broad, about sixty miles from Bushire, close on the Persian side. The advantages of this island as a station have caused it to be coveted by the Dutch, the French, and the British. Its occupation, under present circumstances, would be an act of incipient hostility, justifiable only by strong necessity. Report asserts that Dr. M'Neil, our representative at the Persian Court, has withdrawn. The fall of Herat, it is probable, has suggested new schemes of conquest to the young Shah of Persia, which the Russians, for their own objects, are desirous to encourage.

The ruler of Herat, which was tributary to Persia, is Prince Kamran, of the (late) royal family of Cabul. It is distant from the city of Cabul, in a direct line, about four hundred miles due east; from Cabul to Attock, on the Indus, is about two hundred miles. From thence to Lahore is two hundred and twenty, which is distant from Delhi three hundred and eighty miles. From Burmah we have no intelligence upon which we can found any certain conclusion as to the probability of war or peace. Our force has been strengthened on the Burmese frontier, which is only a measure of discreet precaution or wise policy; on the other hand, if the new king is suffered to break, in the most essential particulars, a solemn treaty, he gains his object without the risk and expense which a war would bring upon him.

Our relations with China appear to be in a very critical position. For some time past, events have been tending to an issue which might have been foreseen when it was determined to remove the East-India Company's establishment from Canton, which stood as a barrier between the Chinese authorities on the one side, and the European traders on the other. Whilst the latter assume a right to violate at will the laws of the empire, and smuggle into the country a drug which undermines the health and morals of the people, it is absurd to reproach the Chinese authorities with injustice, if they, after long endurance and frequent warnings, close their ports against foreign traders, and expel them from the country. It is to be hoped that the commander of her Majesty's ships despatched to China is instructed to Asiat.Journ.N.S.VOL.26.No.104. 2 M

act with extreme caution, and will not, by seeking occasion for a collision, do indirectly what it would be unjust to do directly.

Of the domestic news from the presidencies of British India, we lament to perceive that the sufferings of the native population, through want and disease, are still the most prominent feature. The weather still remained unfavourable in many parts, and the havoc caused by starvation, the cholera, small-pox, and other diseases, generated or aggravated by the want of proper nourishment, is depicted in the same fearful colours in our intelligence of this month as of the last.

The individual who calls himself Pertaub Chund, and of whose history an account was given last month, has at length compromised himself so deeply with the Government, that his career is probably at an end.

The

Every arrival from Calcutta announces some new indication of European habits amongst the natives at the presidency. A debating club is established (p. 216), for the benefit of native students of English. The Zemindars' Society, according to our correspondent (p. 236), is " a wellorganized plan, and may be productive of much benefit." The Government appears to be favourable to it, and its operations are already characterized by a vigour unusual amongst Hindu bodies. A strong remonstrance is to be presented to Government against the resumption measure. heads of the respectable Hindu families are incensed at the partial proceedings of the Dhurma Sabha (p. 216), and are about to institute another. These are harbingers of important changes. On the other hand, there is a rumour afloat in the native community, that one of the secretaries to Government is endeavouring to have a resolution passed, that henceforward no Hindus or Musulmans shall hold any appointment, of any description whatever, so long as he does not embrace Christianity. This should be a warning to those who seek to precipitate such changes.

The impulse which has been given to the Money-market of Calcutta will probably lead to important consequences. The additions made to the bank capital of Calcutta will increase its amount to nearly three millions sterling, which, if judiciously used, may be an instrument of great benefit. Our correspondent, who is well-informed (p. 234), seems to augur good from the new Bank of India, and from the augmentation of the capitals of the existing banks.

The minor presidencies are barren of news this month. Lord Elphinstone has rendered himself popular amongst the natives by appointing two Hindus justices of the peace.

The Cape papers bring further accounts of sanguinary conflicts between the emigrant boers and the African tribes. There is reason to think that some of the Caffer chiefs are not indisposed to hostilities with the English.

The particulars of the discoveries now making in the territory of South Australia (p. 229) will be read with interest: the agricultural riches of that immense country seem to be gradually unfolding themselves. If there be any truth in the details given in p. 225, of the authorities at Port Macquarie having offered a reward for the murder of the aborigines, to be paid on the production of the right ear, it is an act of barbarity which places the agents on a level with the savages themselves.

ROYAL FAMILY OF DELHI.

TO THE EDITOR.

SIR: In the notice of the present royal family of Delhi, which is appended to the sketch of Moghul history in the Asiatic Journal for July, the only event which is stated to have disturbed the even tenor of the life of Akbar II. is, in some instances, so imperfectly detailed, that I have been induced, from regard to the character and memory of Lieut.-Colonel Lyons, of the 10th regt. N.I., who then commanded the troops at Delhi, and as a matter of history, to request you will insert the following account of that affair in your next Number.

I was staff-officer of the garrison at the period alluded to, and having been present when the orders were first given by the Resident, Mr. Seton, and also at his subsequent meeting with Colonel Lyons, before the final measure was resolved on, I can testify to the accuracy of the present statement, and have no objection to its being published on my authority, if you think proper. I am, Sir, your obedient servant,

Pittville, Cheltenham, 9th July 1838.

THOS. BARRON, Lieut.-Colonel,

A retired Officer of the Bengal Army.

The turbulent conduct of the Prince Jehangeer, the palace intrigue relative to the succession, and the prince's personal treatment of the Resident, had been for some time so well known, that an opinion was entertained at Delhi, that the authority of the Government could only be preserved by an appeal to arms. This measure of necessity was generally attributed to the conduct of the late Mr. Seton, who was in the habit of paying extravagant compliments to the fallen King and to the family, addressing them with hands joined, as their gholam, or slave; and when the King appeared in public, he usually sat behind him on his elephant, holding the chounri of peacocks' feathers, as vizier of the empire, in token of subjection. These attentions lowered him in the estimation of the court, and Jehangeer mistook his character so much, that he considered him a mountebank, instead of the man of talent and spirit he was known to be. Mr. Seton was very short-sighted, and of a sallow complexion, and always wore spectacles. His ordinary riding-dress was a close jacket, and an old-fashioned black velvet hunting-cap, so that his personal appearance was sometimes more ludicrous than imposing. Jehangeer took every opportunity of exacting the homage which Mr. Seton was so willing to pay, and then turned him into ridicule, by encouraging his followers to enact plays and sing songs in derision of his appearance.

The ingress and egress of armed men and suspected persons to the palace had been considerable. The measure of taking quiet possession of the gates, with the rumoured sanction of the King, was therefore resolved on; for which purpose two companies of infantry were sent to each of the two gates, at sunrise, on the 21st of July 1809. Mr. Seton was present, but did not act with his usual foresight; for although remonstrance was offered to his orders, he gave no other directions to the officers commanding those detachments, than that they were to admit or exclude such persons as the King's own guards approved of. The Prince Jehangeer was soon informed how matters stood, and in the course of an hour or two, he rode down at the head of a party of horse, turned out the British sentries, and closed the inner gates in the teeth of the troops. No resistance could be offered; but information was sent to Mr. Seton, who repaired without delay to the palace, where he no sooner entered the outer gate, than he was shot at from the ramparts. None of his attendants were killed or wounded, though the shot passed through the turban