THE CALCUTTA MONTHLY JOURNAL. 1838. THE OVERLAND ROUTE. REPORT. The steam committee in publishing the following report of Col. Barr's proceedings in Egypt, have to congratulate the subscribers to the fund, and the public in general, on the near completion of arrangements which will so greatly tend to facilitate the transit, and promote the comfort of passengers, proceeding to England via the Red Sea. It will be in the recollection of the subscribers that Col. Barr, under instructions from the committee, took with him from hence and also purchased in Egypt, sun. dry articles, consisting of small tents, sedan chairs, covered chairs for ladies and children; tables, small table chairs and cooking utensils; a portion of which he left at Cossier, to be distributed on the route between that place and Thebes; and the remainder he disposed of between Suez and Cairo. These will be found sufficient for the accommodation of such passeng ers as are likely to proceed by these routes, before the more extended improvements are brought into operation. Immediately on his arrival in Egypt, Col. Barr communicated, as requested by the committee, with Col. Campbell, the consul-general there, who entered warm. ly into our project and addressed to Boghoz Bey, the minister, a long official letter to be submitted to the Pacha, on the subject of the erection of suitable build. ings between Suez and Cairo. 2 Luggage waggons. 40 Mules. 4 Light vans with canvas or woollen awnings and stuffed seats. 5 Sets of harness for light vans of 4 mules each. 3 Sets of harness for luggage waggons of 6 mules each and to keep up the following establishment: 6 Carriage drivers. 15 Assistants at station-houses. 1 Harness mender, and 2 Shoeing smiths; one at Suez and one at the centre station house. five months after the 20th April, at which time the £1,000 was paid to the contractors. The whole to be kept in a thorough and efficient state The following regulations as to the time of starting from Suez and Cairo, the rate of travelling, and the fares to be charged, were also arranged. Pending the expected answer to this communication;riage conveyance. which on the assurance of Boghoz Bey, the committee have every reason to believe will be favourable; arrangements were entered into with Messrs. Hill and Raven, of Cairo, to provide the necessary establishment of carriages and baggage, waggons, &c., for conveying passengers across the desert.-This agreement provides, that in consideration of the sum of £1,000 Sierling, Messrs. Hill and Raven engage to procure and hold on account of the steam committee. The right of male passengers, without families, to a similar choice, to be hereafter determined by the steam committee. Every facility to be afforded to such ladies or gentlemen as may wish to perform the whole, or any part, of the journey by saddle, in place of car THE RATE OF TRAVELLING TO BE, 20 hours actual travelling, or less if practicable. 21-3 hours stoppage at the centre station. do. at the other stations. The votes of a majority of passengers by any carriage, may extend the period of halting at the mid-way station for any number of hours, not exceeding twelve; or of departure from Cairo or Suez for six additional hours. This latitude be necessary at particular seasons. FARES AND CHARGES. From Cairo to Suez and from Suez to Cairo, for Ladies or Gentlemen.. £ 6 0 0 Childern under 10 years of age 300 300 Servants The above to include the carriage of one cwt. of luggage for each lady or gentleman, and cwt. for each child or servant, with provisions, attendance, &c.-but not including wines, spirits, beer to go by the luggage.. Extra luggage waggons, and be charged at the rate of five shillings per cwt. ..... .... To procure the carriages, in conformity with the above agreement, Mr. Raven was about to proceed to England, at the period of Col. Barr's departure from With regard to the buildings between Suez and Cairo, plans have been prepared of a centre station and four intermediate ones in the desert, which are now before the committee, all of which Messrs. Hilland Raven offer to contract to build, for the sum of 5,117 dollars, or about 12,000 rupees. The centre station to contain one room of 24 feet by 18, and 5 sleeping apartments of 14. by 12, and 15 feet high, with stabling and other requisite buildings; the whole protected and enclosed by a wall 15 feet high to be built of stone, in a subsantial and workmanlike manner. A water tank also to be added sufficiently large for the use of the mules. hours as they please. From thence a ten hours' drive a The intermediate bungalows to be built with walls twelve feet high, and to have stabling attached; together with water tanks, the whole to be built in the same substantial manner as the centre station. At the date of Col. Barr's departure from Cairo, Col. Campbell had not received any positive answer from the Pacha, relative to the erection of these buildings, but in a letter dated Alexandria the 11th April, he writes to Col. Barr, that" the Pacha, who is now in the Delta, has written; in a letter received yesterday; that he will arrange everything satisfactorily with me respecting those buildings on his arrival at Alexandria, which will be in a few days. His arrival however will probably not be in time for me to communicate to you, before the departure of the expected steamer, any arrangements which the Pacha may make with me, and therefore I fear that I shall not be able to let you or the Bombay steam committee, know the result before the steamer which will leave Suez in the ensuing month. : 66 Nothing, of course, can be undertaken in the way of building or forming establishments of any kind or nature, between Suez and Cairo, until I shall obtain the Pacha's sanction to that effect." The Pacha had also given orders to build a number of boats both for the Nile and Canal, to be placed under the entire control of the consuls, allowing them to fix a fair scale of passage-money. As we may reason ably expect, from the management under which they will be placed that these boats will be kept in a proper states of cleanliness, this act of the Pacha's will prove one of the greatest boons he could grant to the traveller through his dominions. His Highness had further inThe committee have every reason to believe that the Nile and Canal, as soon as they can be prepared, and timated his intention of having small steamers on the Pacha will himself undertake the erection of these has, in fact, promised to afford every facility for the buildings, but in the event of his declining to do so it will transit of passengers. be necessary to place at the disposal of Col. Campbell, state in conclusion, that an accomodation building at The committee have only to the requisite funds for carrying on the work on his ob Mocha or Aden, if the latter should be selected as taining His Highness's sanction to do so. In the mean the coal depot, appears to be absolutely necessary for time, however, a sufficient number of tents have been the comfort of passengers, as all complain of the discom provided as substitutes for the buildings; and as the fort of having to remain on board the steamer while the contract with Messrs. Hill and Raven, comes into operation on the 1st of October, passengers on landing at Suez, from and after that date, will find there a branch of the Cairo hotel, where they can remain comfortably, free of all expense (except for wines, &c.) for as many coals are being taken in. We invite the attention of our readers to a letter addressed to the Honourble the President of the Council of India, by the committee appointed by a public meeting at the Town-hall to communicate with the Government, respecting trial by jury in civil cases in the Supreme Court, and the answer of Mr. R. D. Mangles, the officiating Secretary to the Government of India. The case of British subjects is strongly and clearly put; and the delay and dilatoriness of the "powers that be" not spared. The answer is anything) but satisfactory; for the committee are told to wait the result of the deliberations of the Law Commission"who are engaged in the consideration of the existing law of procedure in all the Courts of India and in framing a code for the future regulation of the same;' and consequently ten years hence we may possibly hear a recommendation of jury trial in civil cases has gone ers, £1,450 He states, however, that it is difficult to estimate correctly the expense of building in Egypt, where the price of labour and materials varies so much, but he feels confident that the cost of those he proposes, would not exceed, under any circumstances, £1,700. C. B. SKINNER, Actg. Sec. TRIAL BY JURY IN CIVIL CASES. Board of Control, and in ten years more, we may, if TO THE HON. THE President of the COUNCIL OF INDIA. HON'BLE SIR,-We beg permission to address you as the committee appointed by a public meeting of the inhabitants of Calcutta, convened for the purpose of promoting trial by jury in civil cases in Her Majesty's object is to entreat the favourable and immediate atten- of introducing trial by jury in civil cases, while the tion of Government to the prayer of the inhabitants of fact of Mr. Justice Grant having been a member of the this city, a prayer important in its object, often urged, committee up to the time that he became a Judge of the powerfully supported, yet long left without any reply. Supreme Court, at once establishes, that the judges of In 1726, British Law was first introduced into India, the Supreme Court, consider, the introduction of juries and in 1774 the Supreme Court was founded in Calcutta, in civil cases of essential consequence. with the same number of judges and similar jurisdic- The recommendation of the president of the Board tion as the King's Bench in England. With British of Commissioners to apply to the Legislative Council, Law, and a British Court, the inhabitants had hoped at least establishes that the highest authority in Eng. that trial by jury, which is the grand characteristic of land, did not object to the proposal. The numerous that law, and the invariable practice of these Courts, signatures of the barristers, officers of Court, and had also been given to this city, but in 1779 the judges attornies to the petitions; prove, that the experience determined, that except in criinal cases, they had no of the profession was strongly in favour of the measure. authority to try by jury. In consequence of this deterSuch, Honourable Sir, are the facts under which we mination a petition was presented by the inhabitants of address you, and respectfully entreat your early atten this city to the legislature, against a court being estab-tion to the prayer of the inhabitants of this city. We lished, "who should be at once judges and jury, do submit in plain, but we trust in becoming language, and invested with uncontrolled and indefinite powers, that the strength of our case is almost unparallelled. such as no men were to be trusted with." This peti- The capital of British India is now praying for the intion was presented, but was not followed up by any troduction of that system, which is the most ancient, substantive motion, for then one great obstacle existed and the most prized in the British Constitution, a system to granting its prayer, which has long since been remov-closely identified with the cherished punchyat of the ed, the want of a sufficient number of capable jurymen. natives, and forming as it were a link still further to On the 14th of April 1832, a public meeting was unite the European and native subjects of Her Maconvened at the Town-hall to petition Parliament for a jesty. The introduction of this system has been stronglegislative enactment, for trial by Jury in civil cases. ly advocated by the judges of the very Court in which The requisition to the Sheriff was signed by the unpre-it is to take effect, it has been advocated by the bar, the cedented number of 312 persons, comprehending every officers, and the attornies, and three times in the last mercantile firm in Calcutta, and 162 of the most opulent eight years have the citizens publicly assembled and natives. One of the present judges of the Court, the petitioned the Crown, the Legislature, and the local Hon'ble Mr. Justice Grant, took a most prominent part Government, to grant them that trial by jury, which at the meeting, and all the resolutions were carried ought to be inseparable from British rule, and which with only one dissentient voice, and 3,108 inhabi- is rapidly introducing into every country through tants of Calcutta, signed the petition to the King and which knowledge, freedom, and tolerance, are dis Legislature, seminating. The Right Hon'ble Charles Grant presented this JoUN FAIRLIE Leith, We have the honour to remain, Hon'ble Sir, LONGUEVILLE CLARKE, Chairman. DAVID HARE. GEORGE VINT. Being "the committee appointed by a public meeting of the inhabitants of Calcutta, convened for the purpose of promoting trial by jury in civil cases in Her Majesty's Supreme Court of Judicature for this presidency." GENTLEMEN,I am directed by the Hon'ble the No legislative enactment having been passed, and the Right Honourable Lord Auckland having arrived as Governor General, a third public meeting of the inhabitants of Calcutta was convened at the Town-hall on the 12th of April 1836. At this meeting a petition to the Governor General was unanimously voted, and President in Council, to acknowledge the receipt of presented to him personally by the high Sheriff, and your letter, dated the 21st instant, and to inform you, the whole committee, on which occasion, his lordship in reply, that at a time when the Indian law cominiswas pleased to say, that the petition should be laid be-sioners are immediately engaged in the consideration of fore nhe Law Commissioners and their attention called the existing law of procedure in all the Courts of India, to its great importance. and in framing a code for the future regulation of the From that time to the present no legislative enact-same, his honour in council does not think it proper to ment has been passed, no communication has been made forestal the results of their deliberations upon a general to the committee, and trial by jury in civil cases has subject of such great importance, by introducing inter not been introduced into Calcutta. mediately a charge in the mode of administering civil justice in the Supreme Court of Calcutta. Legislative Department. In addition to the above detail, shewing the unanimous wish and continued efforts of the inhabitants of this city 2d. I am instructed to add, that a copy of your letter to obtain trial by jury, we beg to refer to the repeated under reply, will be forwarded to the law commissioners charges of chief justice Ryan to the Grand Juries, and that, as stated in the para. 2, of Mr. Secretary Macespecially in the 12th of April 1828, and also to the naghten's letter to Mr. Cockerell, dated the 30th of May charges of Chief Justice Grey, and Mr. Justice Franks, 1836,on the final consideration of the questions as to which matters of fact are now decided by the Supreme Court, or what modifications generally in the application to India of the principle upon which they are decided in England;"the best attention of the Legislative Council will be given to the wishes of the body which you represent, and to the arguments with which those wishes have been urged. LANDHOLDERS' SOCIETY. Baboo Kannoylall Tagore and several other members and visitors, upwards of 60 individuals. Proceedings of a general meeting of the members of Government, and support it by a separate representathat Society, held at the Town-hall, on Monday, the 28th tion. It was resolved, that Government should be apMay. plied to, for a copy of the draft resumption law, which is understood to have been printed. The answer of Government to the request of the Society, to be allowed to communicate with it having been received, was read, and is as follows: Rajah Kallykissen Bahadoor was called to the chair. The secretary read a short report of the proceedings of the committee since the last general meeting, and which is as follows: PRESENT. No. 501. Rajah Radhakant Bahadoor; Rajah Kallykissen Bahadoor; Rajah Rajnarain Roy Bahadoor Cower Suttchurn Ghosaul; Baboo Ramrutten Roy; W. Storm, Esq.; Baboo Callykinker Pallit; G. Vint, Esq.; Baboo Dwarkanauth Tagore; Baboo Prosonoocoomar Tagore; To W. C. HURRY, ESQ. AND BABOO PROSONOOCOOMAB W. F. Fergusson, Esq.; G. Prinsep, Esq.; W. C. Hurry, Esq.; D. Hare, Esq.; J. Humfrays, Esq. and Moonshee Mahomed Ameer. TAGORE. The committee beg leave to lay before the Society, the following short report of their proceedings since the last general meeting. An application was presented by the provisional secretary, requesting the Society to memorialize the Government, to introduce the Vernacular language into the proceeding of the Sudder instead of the Oordo, as contemplated at present. I have the honour to be, Gentlemen, Council Chamber, May 28, 1838. The following gentleman were elected additional members of the committee: Baboo Pranauth Chowdry; Baboo Callynauth Roy Chowdry; Baboo Mothoornauth Mullick; Baboo Shumbo chunder Mitter; Rajah Burrodacaunt Roy; and Baboo Radhamadhub Banerjee. Their first meeting was held at the Town-hall on the 27th March, when an establishment was voted for The communications of the Landholders' Society carrying on the business of the Society, and Mr. Dickens upon matters connected with the lands, revenue, and was requested to find some gentleman willing to under-judicial departments of government, must be addresstake the office of secretary. The Union Bank was ed in due course, through the secretary of those departrequested to act as treasurer, and it was ordered that a ments. respectful letter be addressed to Government, informing them of the establishment of the Society, soliciting to be allowed to communicate with Government through the secretary of the Society on all subjects connected with the general interests of the landholders, n the same manner that the Chamber of Commerce does now on matters relating to trade. A list of districts was submitted to the meeting, in order to form sub-committees of correspondence. [Hurkaru, June 6. On the 23d April, the committee took into considera Gentlemen, I am directed to acknowledge the receipt of your letter dated the 7th instant, enclosing the prospectus of a Society to be called the Landholders' Society, and requesting permission to address the Government, through the medium of the Society's secretary, in the same manner as is done by the Chamber of Commerce. In reply, I am directed to state, that the Hon'ble the deputy Governor of Bengal will always be disposed to receive and consider the representations of any class of the inhabitants, affecting their own interests or the good of the community. I am, Gentlemen, your obedient servant, General Department. Fort William, 11th April, 1838.} On the 20 of April, the committee met at Mr. Hurry's office, that gentleman having agreed to act as European They determined, that the question of vernacular secretary, and having offered the Society the use of language be discussed at a general meeting in conseapartments in his house, No. 3, Clive-street ghaut.quence of its importance, and this-day (the 28th) was Baboo Prosonoocoomar Tagore also consented to con- accordingly fixed for the purpose. tinue to act as secretary for the native languages. On the 7th of May the committee were increased to the twenty-four, by adding six European members, as follows: G. Vint, Esq.; W. Storm, Esq.; Robert Watson, Esq.; James Hastie, Esq.; J. McKilligan, Esq.; and W. Fergusson, Esq. On the 14th May, the distribution of the sub-committees was completed. On the 21st May, the answer of Government to the letter, requesting a copy of the draft resumption regulation was read, and is as follows: To W. C. HURRY, ESQ. aud BABOO PROSSONOCOOMAR Hony. Secys. of the Landholders' Society. Gentlemen,-1 am directed to acknowledge the receipt of your letter of the 26th ultimo, applying for a At the above meetings, the following gentlemen have been elected members of the Society: ber to use his influence to obtain as large an accession as W. COBB HURRY, Hony. Secretaries. The translation of the above report in Bengallee was also read by the pundit of the Society, for the explanation of those who do not understand English. An application from Moonshee Mohumed Ameer, After a considerable discussion on the merits of the Wm. Martin, Esq., C. F. Dumaine, Esq., P. J. This was J. C. Miller, Esq., Baboo Neelrutten Holdar, Allan Proceedings of a meeting of the committee, held at the Society's office, No. 3, Clive-street-ghaut, on Monday, the 4th instant. G. Vint, Esq., W. Storm, Esq., and Baboo Ramcomul Sen, formed a sub-committee for examining a paper of grievances of the landholders, received from Baboo Mothooranauth Mullick. unanimously elected. The committee in thus giving you a short summary of their proceedings beg to remark, that they have not The gentlemen proposed at the last meeting of the confined themesives to the monthly meetings pre-committee, to be the members of the Society, were scribed by the rules of the Society, but have met and transacted business every week since its formation, being anxious to bring it into extensive operation as speedily as possible. In the short time that has elapsed, they have obtained the recognition of the Society by Govern ment, and the permission to address it through their secretaries; they have organized permanent sub-committees of correspondence for every district in Bengal, and appointed three sub-committees for special purpose of importance, vis. PRESENT. Rajah Kallykissen Bahadoor; Baboo Prosoonocoomar Tagore; G. Vint, Esq.; Baboo Ramcomul Sen; Cowar Suttchurn Ghosaul, and W. C. Hurry, Esq. Messrs. George Prinsep, Moonshee Mohumed Ameer and Suttochura Ghosaul have been elected to consider the resumption petition, and prepare a letter to Government to accompany it. Rajah Radhacaunt Bahadoor, Rajah Kallykissen Babadoor, and Baboo Ramcomul Sen are to take into consideration the very important subject of public instruction, which though it may not be considered as directly within the province of the Society, as in various ways closely connected with its objects. The following gentlemen were proposed as members: Proposed by G. Vint, Esq, and seconded by Baboo Ramcomul Sen. J. F. Leith, Esq.; J. Bræ, Esq. of Hatberea, Jessore; Gilson Rowe, Esq. Charnerandie, Jessore; Jas. Dalrymple, Esq. Surda, Nattore; and A. H. Sim, Esq. Union Bank, Calcutta. Proposed by Baboo Ramcomul Sen, and seconded by G. Vint, Esq. Thomas Palmer Esq. Proposed by Baboo Prosoonocoomar Tagore, and seconded by Rajah Kallykissen Bahadoor. Baboo Bhoyrobchunder Chowdry zemindar of Mymunsing; W. Thompson Esq; Roy Pronkisson Mitter, of Barrasut; W. Wolby, Esq.; J. Smith, Esq.; A. Porteous, Esq.; Baboo Debendernauth Tagore ; Baboo Muttoornauth Tagore, and Muddenmohun Chatterjee. Proposed by Cowar Suttchurn Ghosaul, and seconded by Rajah Kally kissen Bahadoor. Oodit Prokas Sing, Rajah of Buxar. Proposed by Cowar Suttchurn Ghosaul, and seconded Your committee feeling deeply the importance of general co-operation, in order to make the Society really |
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