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justice, and very imperfectly capable, oven fully can) it is quite certain they cannot as far as it went, of being carried into effect. therein be lawfully sued, which would soon
The only effect it had was to cut off appeals be decided if they chose to dispute the juris. to the Supreme Court in all cases and from diction, all mofussil courts, in which Englishmen could be sucd. It left them exempt from
When the draft of the Black Act was pabmoonsiffs' courts as defendants, and it was lished for general information, it was publish. left an uncertain question whether they could ed at so short a notice that half India, though sue therein as plaintiffs. In all otber cases the whole was concerned, could have no posand before all other mofussil courts, they sible notice of the matter, and we beg to be could sue and be sued, but even in cases understood now as speaking only of those purely between English plaintiffs and defen- classes that ever do take notice of such mea. dants, and involving purely points of Eng sures. As far as Calcutta was concerned, lish law, such as the validity of marriages and a temperate and sufficiently respectful remonwills, succession to real and personal pro- strance was presented in the first instance perty, contracts hy the European law mer- against the measure. In this petition a nis. chants, &c. the appeal to the Supreme court take was committed, for the petitioners fell was cut off and the proceedings were to be into the error of supposing that the Black conducted from first to last in a language, Act subjected British subjects in the mofus. to which, in the cases last supposed, both sil to the criminal jurisdiction of the Comparties were probable strangers, and before pany's courts, and the Mahomedan and Rejudges of the first instance in many cases gulation criminal law, which it does not, and utterly ignorant both of the law and language which in point of fact no lawful power that of thic litigants, and with no establishment the local Goveroment possesses or ever can or assistance of any kind to supply them with possess could do. The Government very prothe requisite knowledge. The Agra Ukhbar perly pointed out and refuted this error, but dee:ns this result to be a triumph of philosophy in every other respect the answer was a spein practice and applied to the science of legis-cimen of official impertinence in a state of lation. Were on the contrary,know it to be one efferverscent exultation at a small victory of those triumphs for which the victors are sor- over the presumption of objectors. A second ry and of which we believe they are ashamed. petition drawn and signed by different per The Black Act after all, with the present coo- sons founded serious doubts (arising stitution of mofussil courts, cannot be fully from the language of the regulations), as to executed either iu spirit or letter, and this its what system of civil law the mofussil' courts authors before they finally passed it, began to were to administer or could administer there. perceive very well: at least Mr. Macaulay, after in cases purely between British suband we believe some others knew it, but it jects, respectfully asked, what law in cases was persevered in upon the point of bonour. where suchi litigants only were concerned, A great Government could not recede before and in cases in which the validity of their objectors and so must persevere in being in marriages, and of their wills, the succession the wrong rather than confess and amend. to their moveable or immoveable property
when intestacy happened, or when their merIf any body will take the trouble to refer cantile contracts were in question, was to be to the petitions to Parliament, and to the looked up to by them as iheir guide in the proceedings of the Calcutta meeting respect-mofussil, and was to be administered to ing this Black Act, he will see tbat no ex- them by the local courts specified in Aut No. eniption from local and primary jurisdiction, XI. of 1836 ? To this question the Governin cases of a mixed nature, that is cases in ment, with a singular litileness, replied,“ Tho which an Englishman was plaintiff or defend- same law as before.” The questioners were ant on one side and a native on the other, answered ; they saw very well that the Eng. was ever claimed or desired, nor in such lish law was to be administered, but that the cases was an exclusive appeal to the Supreme Goveroment were ashamed and afraid to say Courts of the Crown ever claimed or desired. so plainly and directly, because they would The contrary assertion is a downright false. have come to petition to exempt the class of hood, of which deliberate affirmation we also cases we have referred to, namely, those oxpray the Agra Ukhbar to take note and disclusively relating to British subjects, or to prove it if he can—the petitions speak for improve the constitution of the mofussil themselves, litera scripta manet. We shall courts so as to enable them to understand and pause for his answer as also for any explana. administer English law. The petitioners tion his philosophy can afford of the curious conceived that it was better after a reply assertion, that the Black Act was an act ofcouched in such a phrase, to leave the Gocommon justice to the people of India atvernment to pursue its own course and to Jarge. The Agra Ukhbar will be good enough seek redress elsewhere. The impertinence of to bear in mind that, before the Black Act, the reply was not forgotten by some of the Englishmen could sue and be sued in civil leaders of the opposition to this measure, and suits alone in every court of India of a pri. never will be forgotten. It gave an advanmary jurisdiction except moonsill's courts, tage not slow to be seized, and those who and that the law is still precisely in the same penned and concurred in this reply, have, wo condition; or if Englishmen can sue in moon- believe, felt before tbis time that official in. and contempt, and evokes the anfailing, ment: fvarihls, to pass the act adding Nemesis who avenges is on the caprices of moonsiff's' courts as courts of primary jurispower in small things as in great. Mr. Ma- diction and to give the appeal exclusively to caulay and the Governwent, by adopting his the Sudder Adawlut: ifthly, to include in style, not only denied, but insulted remon- the act moonsists' courts as courls of pri. strants exercising a lawful privilege in a mary jurisdiction in all causes of a mixed temperate manner; he had coadjutors who natore, that is in cases in which an Englishescaped by their comparative personal insig- man on one side and a native on the other nificance ; (for men in serious things take were concerned, to exclude all appeals in small account of Right Honourables or Ho cases merely of disputed money demands benourable Esquires) but he, who was conspi. low 5,000 rupees, to give in cases of greater cuous among the lillle great, was repaid by amount to either litigant au option of appeal the public in his own coin, and with both to either the Supreme Court or Sudder Dolands, and full, though not exuberant mea- wauny Adawlut, and in all unmixed cases, sure. His friends must admit as a fact (though i.e. cases in which both parties were English, they may cavil at will about causes) that by to leave the primary jurisdiction with the this and sinilar acts he forfeited the respect, local courts in all contracts of a pecuniary the good-will and the good word of those to nature, and to exclude the primary local whom he owed much duty, and among others jurisdiction (until improvement in those weightier by far, the very light one of com-courts,) in all cases in wbich the validity of mon courtesy. The recollection: he must marriages and of wills was concerned, and in carry with him across the globe are not envi all unmixed cases, i. e. where both litigants able, they will remain with others, and if he were British subjects, to give tlre appeal when can cast ihem aside, he will only throw away the case from the amount in dispute, was apa lesson upon which a wiser man would me- pealable at all, to the Supreme Court alone, ditate.
as the best calculated correct erroneous deAs at the time the Black Act was proposed, cision in points of English law and especially the evils of a double and conflicting system as appeals when the papers are not volumiof law and jurisdiction existed, so they do nous, no witnesses being required, are much now, in their fullest force; there was not the less expensive than primary suits. This last smallest intention of removing these evils nor modilication would have contented the petiwere they in any degree reinoved; nor were tioners or silenced all but unreasonable ob. they simply left as before, they were in truthjectors. There was the last and perhaps the aggravated, and as A LAWYER told Mr. Ma- best course of all to let the law alone till the caulay, and he might have beeded the word new code was framed and the courts improv. for it was true, that act only worse confound. ed. By either of the two fast methods, ed confusion. The Government at that pe- the Government might have retreated fronx riod bad the choice of several courses. First, the Black Act, by a bridge of golden opinly, to persevere in passing the act as origi-ions. The council preferred to be bigh and nally drafted, leaving uncorrected what was mighty lords, and the consequence is that really an imperfection in any point of view, the scattered British subjects in India who namely, the omission to include moonsiffs' were as a rope of sand have united once and courts in those enumerated; this was in our may be disposed to unite again ; the germs judgment the worst course of all: secondly, of a political opposition to Government have to supply that defect and yet persevere with begun to sprout amongst that class, and out further alteration ; this would have been among the natives also by the resumption the next to the worst course of all: thirdly, laws, and are likely to be forced in that hotto pass the act adding moonsiffs' courts as bed and grow apace; the two classes and, courts of primary jurisiliction over English- the Anglo-Indians will, at no distant period men, and giving in other courts and in cases we suspect, unite for common and important in wbich above 5,000 rupees were in dispute, objects, and for redress of grievances, and an option of appeal to either Englishman or then future secretaries bere and at home, native, to either the Supreme Court or Sud and Directors and Presidents of Boards of der Dewanny Adawlut; this would possibly Control, will think the end of the world is at have had a tendency to improve both courts hand, when in truth it will only be “the by a salutary rivalry, and would have been, beginning of the end” of the Company's rule. perhaps, a better course than either of the two - Hurkaru, Feb. 28. first, though certainly a doubtful improve.
THE DAYAKS OF BORNEO.
A member of the American Mission, who has our columns, trusting that any information lately returned from Borneo, having favoured regarding that country and so peculiar a race us with a few notes of a visit to a campong of of savages will prove interesting to our readers. Dayaks situated in the interior of Sambas dis- Our correspondent commenced his expedismall covered boat, which served for cook rising in the distance, mountains of various house, dining-room and dormitory, there being shapes and sizes, covered with verdure to the no houses on the banks where a traveller very top; nearer still could be traced the could lodge at, and, on the 11th June last, courses of several streams as they wound their arrived at Ledo, which is distant about four way among the hills, and here and there days' journey from the Dutch residency of extensive plains were observable which bad Sambas. On the way crowds of monkeys chat. been once cultivated, but were now left to tered over head, and swarms of unuskitoes return to their original wildness, presenting a infested the boat. Sometimes the bearing of striking picture of the moral desolation with Dayak gongs gave note that the head of some which the inbabitants of this lovely region are fellow-being was, perhaps, being severed from enveloped. its trunk, and that some dismal festivity was In several places were seen huts built in the being carried on over the butchered remains: tops of trees;-in these the Dayaks sit, whilo 00 going ashore at Ledo, our correspondent watching their little rice fields Perhaps from found several Dayaks whom a few kind this circumstance has arisen the crroneous words inspired with courage, and they ap- opinion that there is a race of Dayaks who live proached and examined liis clothing with altogether in trees. great minuteness, not being able to conceive Early on the 13th the party left Lomar tho why a person should require niore than one course laying close by several gold mines work. covering. The Malays, also, were unable to ed by Chinese, and along canals or channels comprehend the object of his wishing to visit in which water is conveyed to the mines. The ihre Dayaks, the pure and simple motive of operation of working these is simply as foldoing good to our fellow-creatures being low: A channel is first dug, which conducts totally beyond their ideas. Our correspondent the water from some stream to the place to be called on the Pangeran, who holds immediate excavated, care being taken to allow the water jurisdiction over the Dayaks he wished to visit, to pass through the mine from above, so as to and while in " the presence" a Dayak evi- produce a rapid current. From the mine to a condently in great trouble, came to have a siderable distance below, the channel is wall. grievance redressed. He stated, that in a re-ed up with stones, poles, &c., so as to prevent the cent head-hunting, expedition, he had been precious metal being wasted or lost. The sand unsuccessful, while others of the company or gravel is then dug out of the wine and had taken three heads; he being one of the thrown into the channel, while several men headmen of the compong, bis wife was highly are stationed in order to agitate the water, for offended with him, the disgrace being more than the porpose of loosening the gravel or sand, she could endure, or his kind attentions 10 and also, with a kind of skimmer made of her could wipe away. The Mahommedan rattan, take out the stones, allowing the sand, rajah coldly dismissed the complainant, by with which the particles of gold are mixed, to saying, that the matter was of very little conse. setilo at the bottom. Until the operation of quence, and his wife was at liberty to choose a separating the gold from the sand takes place, younger husband! On the following day (121h which is usually done four times a year, the jane) our correspondent proceeded to Lomar, mines must be watched day and night. The the path laying along the course of a small process of separating the gold is, to take a stream that found its way among the hills, portion of the sand and wash it in a kind of and the muddy water of wbich gave evident scoop, until it is all carried off by the action token that the cupidity of gold miners was of the water, leaving the gold in the cavity of agitating the earth nearer its source. Some- the vessel. The metal is then taken to the tines the way lod through vallies, the luxuriant captain or headman who applies a magnet, in vegetation of wbich manifested what produc- order to take ontany particles of iron that may tive spots they might become under the hand be there; after this it is carefully weighed and of culiivation. Sometimes hills were ascend- packed up for market. The captain takes ed, the acclivities of which would have been possession of all the gold that is collected. nearly inaccessible, but for the steps which supplying the workmen with provisions, and the Chinese had cut, and which from the na. once a quarter paying every man his share. ture of the clay, had become nearly as hard | At such times he makes a feast, killing more or as stone. Sometimes the path was found dug less swine, according to the amount of profit. along a precipitous bank, with earth and the pork is first offered to their peculiar deity. rocks impending above, while the turbid as an acknowledgement of his favor, and is. waters of the stream were rolling far below then eaten by the company. This seene usu. and into which a single false step would have ally closes with indulgence in opium smoking precipitated the traveller, uoless he happened and gambling except by those who are too to be lodged in his fall in the top of some tall drunk to enjoy themselves in either of these tree. Anon the path lay through a thick vices. The Chinese generally live with Dayak wood which shielded the party from the meri- women, who, with their children are in general dian san, and then opened into a once cultiva- decently clothed. Whenever our correspon. ted, but now deserted, plain, exposing the dent passed their huts, women and children pedestrian to all the strength of his piercing would come out in swarms to gaze at the strane rays. Thus diversified with hill and dale, ger, he being probably the first white man they sunshine and shade, the course was far from had ever seen. being monotonous ; and the prospect was Around one of the mines there were proba. for gold. They do not work in mines, these an hour, gained the top. The prospect from being the exclusive property of the Chinese,, the village was truly enchanting. A broad but they glean around and get what they can, valley lay below, variegated with dense forests which is very little. Those Dayaks who are and woodless plains, with here and there a under Malayan rule are severely taxed, and shining spot of red clay or wbite sand whero in return are allowed the privilege of merely the Chinese had removed the earth in searchliving; those who reside in the vicinity of the ing for gold. Beyond the valley was an exgold mines pay an additional sum. The tensive forest, with hills rising over hills and Dayaks living near Lomar and amounting to mountains piled on mountains till they seemabout a bundred families, pay annually to the ed at length to mingle with the distant clouds. several pangerans who claim authority over It was melancholy, however, to reflect, that this them, something more than 20 tile, or about 3 spacious amphitheatre held in its bosom, lbs. 4 oz. of gold, worth there about 2 drs. the shrouded in its forests and hills, several thous tile, which is actually more than the whole sands of immortal beings hastening to eternity, amount of property the greater number of them and as ignorant of their own destiny, as the possess. Besides this, they are compelled to people of more civilized regions are of their ille vexatious duties of carrying the pangerans existence and condition, literally sitting in from place to place, and of supplying them the “ region of the valley of the shadow with provisions so long as they remain in the of death;" each living in constant fear, by neighbourhood, and all without the least re- day and night that his own trunkless bead muneration. Again, there are several of these will take that place in a neighbour's hut, cliefs, who claim the right of carrying on a wbich many a one now occupies in his. Hava forced trade with these poor savages, com-ing visited about 100 families of the Dayaks, pelling them to take in exchange for their our correspendant returned to Lomar. Those commodities, articles at about four or five Dayaks he saw were all miserably poor and times above their value, whether required by deseased, but even thus, the Malay rajahs them or not. Our benevolent correspondent who claim authority over them, make no called the company togetber on one occasion scruple in quartering themselves and folin order to preach to them; but they were so lowers upon them, so long as they please to anxious to collect something wberewith to remain, and that too without remuneration. satisfy the demands of their tyrant masters that they seemed to care for little else. As
The inhabitants of one of the villages he they collected together one brought a stone he came to had just taken three heads and the was pounding up another his scoop full of feasting and beating of gongs were contingsand, &c.; and all with their knives, used for ing when he arrived. The skulls having decapitation, by their sides, and baskets on sufficiently amused their owners were then their backs.' Such was the appearance of the taking the round among the neighbours to first Dayak congregation at Lomar!
iospire them with courage to undertake a si
milar expedition. Thus it is, that the “ powOn leaving Lomar, after travelling a few ers of darkness” contrive to make the commiles, our correspondent came to a stream of mission of one sin lead on to that of another, water, and in its bed seated himself on a and to perpetate barbarous and crael systems bowlder, and for a few moments indulged in on the earth. Our correspondent tried to contemplations so pleasing, that, for a time, he convince the Dayaks of tho folly and wickedforgot the toil of clambering up steep ascents. ness of their conduct, and to point to the To see a rock of any kind would have afford-Saviour of men as their only friend; but they ed him, he says, particular pleasure then, not manifested too great an aitachinent to their having met with one for upwards of six months; old custoins to give much attention to what he but here were the greywacke, the hornblend, said. Indeed, it is not strange, that it should the stratified quartz with its variegated front, be so, for the custom of cotting off heads is and several others, old friends with which he instilled in their minds from very infancy. delighted to sport in more youthful days. On About the first thing that is taught the infant the right was the stream tumbling in foam over is to resent injury, real or imaginary, and to the rocks which lay in its course. On the obtain its own will. left the view opened out into a small plain in
He observed in this village that very many a valley, where standing the thatched huts of a few Chinese miners, around which were,
were a Micted with purulent opthalmia, and their little gardens; and, in the rear of these many others with ulcers of various kinds. were the mines from which these sons of in- In passing the place of their Pantoks, (imadustry were deriving their subsistence, and ges) he stopped to examine them. There were hoping in time to acquire wealth and return to at one place about forty, and, from their aptheir mother.country. Beyond the valley which pearance, a person would judge that they had soon opened into an extended plain, arose the been deserted for some years. They are figures Jofty Bayang range from one of which the carved into something like the human form, Mempawa river takes its rise. Behind was having usually some ornaments attached to the steep declivity which he had just descend their necks, arms, &c. Those representing ed, and before him lay one of the points of the males have their hands raised in a menacing Bayang, on the top of which stood the Dayak posture, and those representing females have village which he wished to visit. After a short fiheirs hanging by their sides to represent sube as idols and as receiving worship, but our , is for life; though separations sometimes occur. friend is satisfied that this is an entire mistake. When a marriage is agreed upon, it is perThey are the representations of ancestors only, forined in the following manner. The parties and offerings are placed before them as such and their friends being assembled, the couple and notas deities. The Dayaks make offerings seat themselves on a rice trough, side by of the entrails of fowls, &c, in a cup placed on side, and the person who acts as priest, takes split bamboo in front of their houses, but the blood of several fowls and sprinkles some whether these are intended for a holy or un- of it before them ; some is put on the foreholy spirit it is difficult to say, as God and heads of each with a feather, and some is the devil are both called by the same, and the thrown into the air, the priest calling on making these offerings is probably the whole Javata to sanction the engagement. After extent of their worship.
this, some advice is given to the pair, and the As our correspondent arrived at Ledo on his whole closes with feasting. The term Javata return, the Pangeran was just starting on is supposed to refer to God, but it is, at least, circuit. He had about twenty-five Malay fol. equally certain that it signifies devil also. lowers armed with muskets, spears, &c. and they have an idea that there is an invisible about as many Dayaks, pressed to carry the spirit, who is the author of good and evil ; it luggage, &c. One of them carried on his back is he who favours or destroys their crops ; a huge chair in which the rajah takes his seat who sends sickness or health-who gives when weary of walking.
success in head-hunting, or permits to take off
their heads. The following are a few miscellaneous remarks regarding the Dayaks. When they al- When a Dayak dies, the corpse is disposed tack a hostile village in good earnest they of as follows, according to the rank of the spare neither age nor sex ; the hoary head deceased. If the person bas been rich or a and the helpless infant, the daring warrior and warrior and taken many heads, the body is the retiring female, even though adorned with burnt and the ashes left to be scattered by the beauty and youth, are alike slaughtered and wind ; a pantok representation duly ornabeheaded with savage joy. There is an ex-mented, is set up in the proper place, and ception, however, in the case of a young and sacrificed to at their common family festivals. handsome female, who, if she have the con- When a person dies who has been noted for rage to appear before the murderers of her his skill in driving away evil spirits, the corpse relatives in the simple attire of nature, is va is placed in the top of some tree, in order that lued more than a skull; her life is spared and the spirit may more speedily tako its flight to she follows her captor, sometimes not unwil the skies. The common people are rolled up Jingly, especially, if he has one or more heads in their clothes, enclosed in bark, and buried. to carry with him, even though they were Others again, who have been despicable during taken from her nearest relatives! It is also life, are merely laid at the foot of some tree said to be the practice of all the Dayaks in and left to be devoured by wild beasts. this region to put great confidence in the
In regard to head-seeking, our corresponomens given by a certain bird ; these are consulted on all occasions of going to war or mak. dent believes the practice is far less common, ing peace ; when they plant or when they, at least, on the west side of Borneo, than for
merly. From what he saw, he thinks there are reap. However it may have been the fact formerly, there are not many villages that capture more
comparatively few heads taken now ; probably it is not now insisted on in these parts that a
than one or two a year. Indeed, he believes Dayak shall not marry until he has decapitat- there are more Malays murdered in Sambas ed one or more heads"; though no one will pre- by their own race than are killed by the Daysume to ask in marriage the daugliter of a man aks. The Dayak kills his enemy, but the who has several skulls in his possession, until Malay murders his neighbour, even the wife he himself has taken one at least.
of his bosom, and justifies himself in so doing Wives are not bought, but selected from by appealing to the laws of his prophet. personal regard, and when a Dayak marries, it! - Singapore Free Press, Nov. 9.
TO THE CAPITALISTS OF INDIA.
Gentlemen,– I beg to call your serious at- qual from whom they proceed, as most of the tention to a proposition which has, within the first must be within the recollection, and all last few days, been brought forward to esta- of the last will be within the comprehension blish a third bank in Calcutta. Who or what of you, to whom they are submitted. I am, or what may be my motives, is in reality The Bank of Bengal is possessed of a paidof little consequence; the facts and arguments up capital of 75 lacs, and the Union Bank of which I shall advance cannot be strengthened 40, their shares are at a high premium, and for