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<p>invariably in <hi rend="underline">General Orders</hi>, with the Comments of the Commander
<lb/>
on them, to <hi rend="underline">every</hi> <hi rend="underline">Regiment</hi>: But what checks are provided for the conduct
<lb/>
of a Company's <hi rend="underline">civil</hi> servant? What shall efficiently control exaction &amp; <note>To <hi rend="underline">level</hi>
<lb/>
function<gap/>
<lb/>
no Check</note>
<lb/>
tyranny if he be capable of such? what shall keep down his ill-will to
<lb/>
the Jury System, his Jealousy of the partial eclipse which his autocracy
<lb/>
in the province must suffer? his habitual insolence of office? the <hi rend="underline">white</hi>
<lb/>
man's, &#x2014; the <hi rend="underline">rich</hi> man's &#x2014; the <hi rend="underline">civil</hi> servant's feelings towards the black &#x2014;
<lb/>
the poor &#x2014; the "<unclear>low</unclear>"man? Nothing but the feeble, formal, &#x2014; "<hi rend="underline">regular channel</hi>"
<lb/>
control of official superiors, distant many degrees of latitude or longitude
<lb/>
perhaps &#x2014; &amp; all belonging to the same corps with the supposed offender.
<lb/>
There is no <hi rend="underline"><foreign>vicinage</foreign></hi> of his equals &#x2014; no <hi rend="underline">community</hi> to stand in awe of &#x2014;
<lb/>
no one <sic>independant</sic> of his <hi rend="underline">direct</hi> authority, or <hi rend="underline">indirect influence</hi>! &#x2014; Yes! <note>Justice denied
<lb/>
by <unclear>factitious</unclear>
<lb/>
Corps.</note>
<lb/>
the Tribunals are "<hi rend="underline">open</hi>" &#x2014; open to the poverty-blasted-ignorant-timid-
<lb/>
blackman - who ventures to wage such a war with the great man of his
<lb/>
District:-&#x2014; "<hi rend="underline">open</hi>" &#x2014; but with every stage loaded with, <hi rend="underline">costs</hi>, <hi rend="underline">stamps</hi>, &amp; law
<lb/>
<hi rend="underline">taxation</hi>, greater in proportion to the extreme indigence of our <hi rend="underline">well ground</hi>
<lb/>
Eastern subject, than those of England, <add>&#x2014;</add> &amp; more remote, more inaccessible
<lb/>
than even our Courts.</p>
 
<p>If no better checks than all this be provided, the attempt to put
<lb/>
natives on Juries will utterly fail &#x2014; I know of but one company's Judge
<lb/>
in India, to whom <hi rend="underline">I</hi> would commit such a charge with full confidence &#x2014;
<lb/>
<hi rend="underline">Courtenay Smith</hi> (the brother of the <hi rend="underline">Rev<hi rend="superscript">d</hi> Sidney Smith</hi>) but he is of the "Liberal
<lb/>
"faction" &#x2014; &amp; not in <sic>favor</sic> with his brethren.&#x2014; What then is to be done to
<lb/>
prevent this excellently meant measure from miscarrying? &#x2014; There is <hi rend="underline">but</hi>
<lb/>
one efficacious remedy &amp; to that must we come at last in India, as at
<lb/>
home, <hi rend="underline">Publicity</hi>! shame &amp; intimidation are its offspring, &amp; bodies or classes <add>of</add></p>
 





Revision as of 19:03, 7 July 2016

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2

invariably in General Orders, with the Comments of the Commander
on them, to every Regiment: But what checks are provided for the conduct
of a Company's civil servant? What shall efficiently control exaction & To level
function
no Check

tyranny if he be capable of such? what shall keep down his ill-will to
the Jury System, his Jealousy of the partial eclipse which his autocracy
in the province must suffer? his habitual insolence of office? the white
man's, — the rich man's — the civil servant's feelings towards the black —
the poor — the "low"man? Nothing but the feeble, formal, — "regular channel"
control of official superiors, distant many degrees of latitude or longitude
perhaps — & all belonging to the same corps with the supposed offender.
There is no vicinage of his equals — no community to stand in awe of —
no one independant of his direct authority, or indirect influence! — Yes! Justice denied
by factitious
Corps.

the Tribunals are "open" — open to the poverty-blasted-ignorant-timid-
blackman - who ventures to wage such a war with the great man of his
District:-— "open" — but with every stage loaded with, costs, stamps, & law
taxation, greater in proportion to the extreme indigence of our well ground
Eastern subject, than those of England, & more remote, more inaccessible
than even our Courts.

If no better checks than all this be provided, the attempt to put
natives on Juries will utterly fail — I know of but one company's Judge
in India, to whom I would commit such a charge with full confidence —
Courtenay Smith (the brother of the Rev<hi rend="superscript">d Sidney Smith</hi>) but he is of the "Liberal
"faction" — & not in favor with his brethren.— What then is to be done to
prevent this excellently meant measure from miscarrying? — There is but
one efficacious remedy & to that must we come at last in India, as at
home, Publicity! shame & intimidation are its offspring, & bodies or classes of




Identifier: | JB/010/160/004"JB/" can not be assigned to a declared number type with value 10.

Date_1

Marginal Summary Numbering

Box

010

Main Headings

Folio number

160

Info in main headings field

british india - jury system - suggestion by col. young

Image

004

Titles

Category

collectanea

Number of Pages

4

Recto/Verso

recto

Page Numbering

c1 / c2 / c3 / c4

Penner

richard doane

Watermarks

j whatman turkey mill 1824

Marginals

jeremy bentham

Paper Producer

jonathan blenman

Corrections

jeremy bentham

Paper Produced in Year

1824

Notes public

ID Number

3596

Box Contents

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