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CHAPTER 9

The Great Iconoclast—Troops routed by Hornets—The Rānī of Garhā—Hornets' Nests in India

On the 23rd,113 we came on nine miles to Sangrāmpur, and, on the 24th, nine more to the valley of Jabērā,114 situated on the western extremity of the bed of a large lake, which is now covered by twenty-four villages. The waters were kept in by a large wall that united two hills about four miles south of Jabērā. This wall was built of great cut freestone blocks from the two hills of the Vindhiya range, which it united. It was about half a mile long, one hundred feet broad at the base, and about one hundred feet high. The stones, though cut, were never, apparently, cemented; and the wall has long given way in the centre, through which now falls a small stream that passes from east to west of what was once the bottom of the lake, and now is the site of so many industrious and happy little village communities.115 The proprietor of the village of Jabērā, in whose mango grove our tents were pitched, conducted me to the ruins of the wall; and told me that it had been broken down by the order of the Emperor Aurangzēb.116 History to these people is all a fairy tale; and this emperor is the great destroyer of everything that the Muhammadans in their fanaticism have demolished of the Hindoo sculpture or architecture; and yet, singular as it may appear, they never mention his name with any feelings of indignation or hatred. With every scene of his supposed outrage against their gods or their temples, there is always associated the recollection of some instance of his piety, and the Hindoos' glory—of some idol, for instance, or column, preserved from his fury by a miracle, whose divine origin he is supposed at once to have recognized with all due reverence.

At Bherāgarh,117 the high priest of the temple told us that Aurangzēb and his soldiers knocked off the heads, arms, and noses of all the idols, saying that 'if they had really any of the godhead in them, they would assuredly now show it, and save themselves'. But when they came to the door of Gaurī Sankar's apartments, they were attacked by a nest of hornets, that put the whole of the emperor's army to the rout; and his imperial majesty called out: 'Here we have really something like a god, and we shall not suffer him to be molested; if all your gods could give us proof like this of their divinity, not a nose of them would ever be touched'.

The popular belief, however, is that after Aurangzēb's army had struck off all the prominent features of the other gods, one of the soldiers entered the temple, and struck off the ear of one of the prostrate images underneath their vehicle, the Bull. 'My dear', said Gaurī, 'do you see what these saucy men are about?' Her consort turned round his head;118 and, seeing the soldiers around him, brought all the hornets up from the marble rocks below, where there are still so many nests of them, and the whole army fled before them to Teorī, five miles.119 It is very likely that some body of troops by whom the rest of the images had been mutilated, may have been driven off by a nest of hornets from within the temple where this statue stands. I have seen six companies of infantry, with a train of artillery and a squadron of horse, all put to the rout by a single nest of hornets, and driven off some miles with all their horses and bullocks. The officers generally save themselves by keeping within their tents, and creeping under their bed-clothes, or their carpets; and servants often escape by covering themselves up in their blankets, and lying perfectly still. Horses are often stung to a state of madness, in which they throw themselves over precipices and break their limbs, or kill themselves. The grooms, in trying to save their horses, are generally the people who suffer most in a camp attacked by such an enemy. I have seen some so stung as to recover with difficulty; and I believe there have been instances of people not recovering at all. In such a frightful scene I have seen a bullock sitting and chewing the cud as calmly as if the whole thing had been got up for his amusement. The hornets seldom touch any animal that remains perfectly still.

On the bank of the Bīnā river at Eran, in the Sāgar district, is a beautiful pillar of a single freestone, more than fifty feet high, surmounted by a figure of Krishna, with the glory round his head.120 Some few of the rays of this glory have been struck off by lightning; but the people declare that this was done by a shot fired at it from a cannon by order of Aurangzēb, as his army was marching by on its way to the Deccan. Before the scattered fragments, however, could reach the ground, the air was filled, they say, by a swarm of hornets, that put

the whole army to flight; and the emperor ordered his gunners to desist, declaring that he was 'satisfied of the presence of the god'. There is hardly any part of India in which, according to popular belief, similar miracles were not worked to convince the emperor of the peculiar merits or sanctity of particular idols or temples, according to the traditions of the people, derived, of course, from the inventions of priests. I should mention that these hornets suspend their nests to the branches of the highest trees, under rocks, or in old deserted temples. Native travellers, soldiers, and camp followers, cook and eat their food under such trees; but they always avoid one in which there is a nest of hornets, particularly on a still day. Sometimes they do not discover the nest till it is too late. The unlucky wight goes on feeding his fire, and delighting in the prospect of the feast before him, as the smoke ascends in curling eddies to the nest of the hornets. The moment it touches them they sally forth and descend, and sting like mad creatures every living thing they find in motion. Three companies of my regiment were escorting treasure in boats from Allahabad to Cawnpore for the army under the Marquis of Hastings, in 1817.121 The soldiers all took their dinners on shore every day; and one still afternoon a sipāhī (sepoy), by cooking his dinner under one of those nests without seeing it, sent the infuriated swarm among the whole of his comrades, who were cooking in the same grove, and undressed, as they always are on such occasions. Treasure, food, and all were immediately deserted, and the whole of the party, save the European officers, were up to their noses in the river Ganges. The hornets hovered over them; and it was amusing to see them bobbing their heads under as the insects tried to pounce upon them. The officers covered themselves up in the carpets of their boats; and, as the day was a hot one, their situation was still more uncomfortable than that of the men. Darkness alone put an end to the conflict.

I should mention that the poor old Rānī, or Queen of Garhā, Lachhmī Kuār, came out as far as Katangī with us to take leave of my wife, to whom she has always been attached. She had been in the habit of spending a day with her at my house once a week; and being the only European lady from whom she had ever received any attention, or indeed ever been on terms of any intimacy with, she feels the more sensible of the little offices of kindness and courtesy she has received from her.122 Her husband, Narhar Sā, was the last of the long line of sixty-two sovereigns who reigned over these territories from the year A.D. 358 to the Sāgar conquest, A.D. 1781.123 He died a prisoner in the fortress of Kūrai, in the Sāgar district, in A. D. 1789, leaving two widows.124 One burnt herself upon the funeral pile, and the other was prevented from doing so, merely because she was thought too young, as she was not then fifteen years of age. She received a small pension from the Sāgar Government, which was still further reduced under the Nāgpur Government which succeeded it in the Jubbulpore district in which the pension had been assigned; and it was not thought necessary to increase the amount of this pension when the territory came under our dominion,125 so that she has had barely enough to subsist upon, about one hundred rupees a month. She is now about sixty years of age, and still a very good- looking woman. In her youth she must have been beautiful. She does not object to appear unveiled before gentlemen on any particular occasion; and, when Lord W. Bentinck was at Jubbulpore in 1833, I introduced, the old queen to him. He seemed much interested, and ordered the old lady a pair of shawls. None but very coarse ones were found in the store-rooms of the Governor-General's representative, and his lordship said these were not such as a Governor-General could present, or a queen, however poor, receive; and as his own 'toshakhāna' (wardrobe) had gone on,126 he desired that a pair of the finest kind should be purchased and presented to her in his name. The orders were given in her presence and mine. I was obliged to return to Sāgar before they could be carried into effect; and, when I returned in 1835,127 I found that the rejected shawls had been presented to her, and were such coarse things that she was ashamed to wear them, as much, I really believe, on account of the exalted person who had given them, as her own. She never mentioned the subject till I asked her to let me see the shawls, which she did reluctantly, and she was too proud to complain. How the good intentions of the Governor-General had been frustrated in this case I have never learned. The native officer in charge of the store was dead, and the Governor-General's representative had left the place. Better could not, I suppose, be got at this time, and he did not like to defer giving them.

CHAPTER 10

The Peasantry and the Land Settlement

The officers of the 29th had found game so plentiful, and the weather so fine, that they came on with us as far as Jaberā, where we had the pleasure of their society on the evening of the 24th, and left them on the morning of the 25th.128 A great many of my native friends, from among the native landholders and merchants of the country, flocked to our camp at every stage to pay their respects, and bid me farewell, for they never expected to see me back among them again. They generally came out a mile or two to meet and escort us to our tents; and much do I fear that my poor boy will never again, in any part of the world, have the blessings of Heaven so fervently invoked upon him by so many worthy and respectable men as met us at every stage on our way from Jubbulpore. I am much attached to the agricultural classes of India generally, and I have found among them some of the best men I have ever known. The peasantry in India have generally very good manners, and are exceedingly intelligent, from having so much more leisure and unreserved and easy intercourse with those above them. The constant habit of meeting and discussing subjects connected with their own interests, in their own fields, and 'under their own fig-trees', with their landlords and Government functionaries of all kinds and degrees, prevents their ever feeling or appearing impudent or obtrusive; though it certainly tends to give them stentorian voices, that often startle us when they come into our houses to discuss the same points with us.

Nine-tenths of the immediate cultivators of the soil in India are little farmers, who hold a lease for one or more years, as the case may be, of their lands, which they cultivate with their own stock. One of these cultivators, with a good plough and bullocks, and a good character, can always get good land on moderate terms from holders of villages.129 Those cultivators are, I think, the best, who learn to depend upon their stock and character for favourable terms, hold themselves free to change their holdings when their leases expire, and pretend not to any hereditary right in the soil. The lands are, I think, best cultivated, and the society best constituted in India, where the holders of estates of villages have a feeling of permanent interest in them, an assurance of an hereditary right of property which is liable only to the payment of a moderate Government demand, descends undivided by the law of primogeniture, and is unaffected by the common law, which prescribes the equal subdivision among children of landed as well as other private property, among the Hindoos and Muhammadans; and where the immediate cultivators hold the lands they till by no other law than that of common specific contract.

When I speak of holders of villages, I mean the holders of lands that belong to villages. The whole face of India is parcelled out into estates of villages.130 The village communities are composed of those who hold and cultivate the land, the established village servants, priest, blacksmith, carpenter, accountant, washerman, basket-maker (whose wife is ex officio the midwife of the little village community), potter, watchman, barber, shoemaker, &c., &c.131 To these may be added the little banker, or agricultural capitalist, the shopkeeper, the brazier, the confectioner, the ironmonger, the weaver, the dyer, the astronomer or astrologer, who points out to the people the lucky day for every earthly undertaking, and the prescribed times for all religious ceremonies and observances. In some villages the whole of the lands are parcelled out among cultivating proprietors, and are liable to eternal subdivisions by the law of inheritance, which gives to each son the same share. In others, the whole of the lands are parcelled out among cultivators, who hold them on a specific lease for limited periods from a proprietor who holds the whole collectively under Government, at a rate of rent fixed either permanently or for limited periods. These are the two extremes. There are but few villages in which all the cultivators are considered as proprietors—at least but few in our Nerbudda territories; and these will almost invariably be found of a caste of Brahmans or a caste of Rājpūts, descended from a common ancestor, to whom the estate was originally given in rent-free tenure, or at a quit-rent, by the existing Government for his prayers as a priest, or his services as a soldier. Subsequent Governments, which resumed unceremoniously the estates of others, were deterred from resuming these by a dread of the curses of the one and the swords of the other.132 Such communities of cultivating proprietors are of two kinds: those among whom the lands are parcelled out, each member holding his share as a distinct estate, and being individually responsible for the payment of the share of the Government demand assessed upon it; and those among whom the lands are not parcelled out, but the profits divided as among copartners of an estate held jointly. They, in either case, nominate one of their members to collect and pay the Government demand; or Government appoints a man for this duty, either as a salaried servant or a lessee, with authority to levy from the cultivating proprietors a certain sum over and above what is demandable from him.

The communities in which the cultivators are considered merely as leaseholders are far more numerous; indeed, the greater part of the village communities in this part of India are of this description; and, where the communities are of a mixed character, the cultivating proprietors are considered to have merely a right of occupancy, and are liable to have their lands assessed at the same rate as those held on a mere lease tenure. In all parts of India the cultivating proprietors in such mixed communities are similarly situated; they are liable to be assessed at the same rate as others holding the same sort of lands, and often pay a higher rate, with which others are not encumbered. But this is not general; it is as much the interest of the proprietor to have good cultivating tenants as it is that of the tenants to have good proprietors; and it is felt to be the interest of both to adjust their terms amicably among themselves, without a reference to a third and superior party, which is always costly and commonly ruinous.133

It is a question of very great importance, no less morally and politically than fiscally, which of these systems deserves most encouragement—that in which the Government considers the immediate cultivators to be the hereditary proprietors, and, through its own public officers, parcels out the lands among them, and adjusts the rates of rent demandable from every minute partition, as the lands become more and more subdivided by the Hindoo and Muhammadan law of inheritance; or that in which the Government considers him who holds the area of a whole village or estate collectively as the hereditary proprietor, and the immediate cultivators as his lease-tenants—leaving the rates of rent to be adjusted among the parties without the aid of public officers, or interposing only to enforce the fulfilment of their mutual contracts. In the latter of these two systems the land will supply more and better members to the middle and higher classes of the society, and create and preserve a better feeling between them and the peasantry, or immediate cultivators of the soil; and it will occasion the re- investment upon the soil, in works of ornament and utility, of a greater portion of the annual returns of rent and profit, and a less expenditure in the costs of litigation in our civil courts, and bribery to our public officers.

Those who advocate the other system, which makes the immediate cultivators the proprietors, will, for the most part, be found to reason upon false premisses—upon the assumption that the rates of rent demandable from the immediate cultivators of the soil were everywhere limited and established by immemorial usage, in a certain sum of money per acre, or a certain share of the crop produced from it; and that 'these rates were not only so limited and fixed, but everywhere well known to the people', and might, consequently, have become well known to the Government, and recorded in public registers. Now every practical man in India, who has had opportunities of becoming well acquainted with the matter, knows that the reverse is the case; that the rate of rent demandable from these cultivators never was the same upon any two estates at the same time: nor even the same upon any one estate at different limes, or for any consecutive number of years.134 The rates vary every year on every estate, according to the varying circumstances that influence them—such as greater or less exhaustion of the soil, greater or less facilities of irrigation, manure, transit to market, drainage—or from fortuitous advantages on one hand, or calamities of season on the other; or many other circumstances which affect the value of the land, and the abilities of the cultivators to pay. It is not so much the proprietors of the estate or the Government as the cultivators themselves who demand every year a readjustment of the rate demandable upon their different holdings. This readjustment must take place; and, if there is no landlord to effect it, Government must effect it through its own officers. Every holding becomes subdivided when the cultivating proprietor dies and leaves more than one child; and, as the whole face of the country is open and without hedges, the division is easily and speedily made. Thus the field-map which represents an estate one year will never represent it fairly five years after; in fact, we might almost as well attempt to map the waves of the ocean as field-map the face of any considerable area in any part of India.135

If there be any truth in my conclusions, our Government has acted unwisely in going, as it has generally done, into [one or other of] the two extremes, in its settlement of the land revenue.

In the Zamīndārī settlement of Bengal, it conferred the hereditary right of property over areas larger than English counties on individuals, and left the immediate cultivators mere tenants-at-will.136 These individuals felt no interest in promoting the comfort and welfare of the village communities, or conciliating the affections of the cultivators, whom they never saw or wished to see; and they let out the village, or other subdivision of their estates, to second parties quite as little interested, who again let them out to others, so that the system of rack-renting went on over the whole area of the immense possession. This was a system 'more honoured in the breach than in the observance'; for, as the great landholders became involved in the ruin of their cultivators, their estates were sold for arrears of revenue due to Government, and thus the proprietary right of one individual has become divided among many, who will have the feelings which the larger holders wanted, and so remedy the evil. In the other extreme, Government has constituted the immediate cultivators the proprietors; thereby preventing any one who is supported upon the rent of land, or the profits of agricultural stock, from rising above the grade of a peasant, and so depriving society of one of its best and most essential elements. The remedy of both is in village settlements, in which the estate shall be of moderate size, and the hereditary property of the holder, descending on the principle of a principality, by the right of primogeniture, unaffected by the common law. This is the system which has been adopted in the Nerbudda territory, and which, I trust, will be always adhered to.

When we enter upon the government of any new territorial acquisition in India, we do not require or pretend to change the civil laws of the people; because their civil laws and their religion are in reality one and the same, and are contained in one and the same code, as certainly among the Hindoos, the Muhammadans, and the Parsees, as they were among the Israelites. By these codes, and the established usages everywhere well understood by the people, are their rights and duties in marriage, inheritance, succession, caste, contract, and all the other civil relations of life, ascertained; and when we displace another Government we do not pretend to alter such rights and duties in relation to each other, we merely change the machinery and mode of procedure by which these rights are secured and these duties enforced.137

Of criminal law no system was ever either regularly established or administered in any state in India, by any Government to which we have succeeded; and the people always consider the existing Government free to adopt that which may seem best calculated to effect the one great object, which criminal law has everywhere in view—the security of life, property, and character, and the enjoyment of all their advantages. The actions by which these are affected and endangered, the evidence by which such actions require to be proved, and the penalties with which they require to be visited, in order to prevent their recurrence, are, or ought to be, so much the same in every society, that the people never think us bound to search for what Muhammad and his companions thought in the wilds of Arabia, or the Sanskrit poets sang about them in courts and cloisters. They would be just as well pleased everywhere to find us searching for these things in the writings of Confucius and Zoroaster, as in those of Muhammad and Manu: and much more so, to see us consulting our own common-sense, and forming a penal code of our own, suitable to the wants of such a mixed community.138

The fiscal laws which define the rights and duties of the landed interests and the agricultural classes in relation to each other and to the ruling powers were also everywhere exceedingly simple and well understood by the people. What in England is now a mere fiction of law is still in India an essential principle. All lands are held directly or indirectly of the sovereign: to this rule there is no exception.139 The reigning sovereign is essentially the proprietor of the whole of the lands in every part of India, where he has not voluntarily alienated them; and he holds these lands for the payment of those public establishments which are maintained for the public good, and are supported by the rents of the lands either directly under assignment, or indirectly through the sovereign proprietor. When a Muhammadan or Hindoo sovereign assigned lands rent-free in perpetuity, it was always understood, both by the donor and receiver, to be with the small reservation of a right in his successor to resume them for the public good, if he should think fit.140 Hindoo sovereigns, or their priests for them, often tried to bar this right by invoking curses on the head of that successor who should exercise it.141 It is a proverb among the people of these territories, and, I believe, among the people of India generally, that the lands which pay no rent to Government have no 'barkat', blessing from above—that the man who holds them is not blessed in their returns like the man who pays rent to Government and thereby contributes his aid to the protection of the community. The fact is that every family that holds rent-free lands must, in a few generations, become miserable from the minute subdivision of the property, and the litigation in our civil courts which it entails upon the holders.142 It is certainly the general opinion of the people of India that no land should be held without paying rent to Government, or providing for people employed in the service of Government, for the benefit of the people in its defensive, religious, judicial, educational, and other establishments. Nine- tenths of the land in these Nerbudda territories are held in lease immediately under Government by the heads of villages, whose leases have been renewable every five years; but they are now to have a settlement for twenty.143 The other tenth is held by these heads of villages intermediately under some chief, who holds several portions of land immediately under Government at a quit-rent, or for service performed, or to be performed, for Government, and lets them out to farmers. These are, for the most part, situated in the more hilly and less cultivated parts.

113.November, 1835.
114.Sangrāmpur is in the Jabalpur District, thirty miles north-west of Jabalpur, or the road to Sāgar, The village of Jabērā is thirty-nine miles from Jabalpur.
115.Similar lakes, formed by means of huge dams thrown across valleys, are numerous in the Central Provinces and Bundēlkhand. The embankments of some of these lakes are maintained by the Indian Government, and the water is distributed for irrigation. Many of the lakes are extremely beautiful, and the ruins of grand temples and palaces are often found on their banks. Several of the embankments are known to have been built by the Chandēl princes between A.D. 800 and 1200, and some are believed to be the work of an earlier Parihār dynasty.
116.A.D. 1658—1707. Aurangzēb, though possibly credited with more destruction than he accomplished, did really destroy many hundreds of Hindoo temples. A historian mentions the demolition of 262 at three places in Rājputāna in a single year (A.D. 1679-80) (E. and D. vii, 188).
117.This name is used as a synonym for Bheraghāt, ante, Chapter 1, paragraph 1. It is written Beragur in the author's text. The author, in Ramaseeana, Introduction, p. 77, note, describes the Gaurī-Sankar sculpture as being 'at Beragur on the Nerbudda river'.
118.Gaurī is one of the many names of Pārvatī, or Dēvī, the consort of the god Siva, Sankar, or Māhadēo, who rides upon the bull Nandī.
119.This village seems to be the same as Tewar, the ancient Tripura, 'six miles to the west of Jabalpur; and on the south side of the Bombay road' (A. S. R., vol. ix, p. 57). The adjacent ruins are known by the name of Karanbēl.
120.The pillar bears an inscription showing that it was erected during the reign of Budha Gupta, in the year 165 of the Gupta era, corresponding to A.D. 484-5. This, and the other important remains of antiquity at Eran, are fully described in A. S. R., vol. vii, p. 88; vol. x, pp. 76-90, pl. xxiii-xxx; and vol. xiv, p. 149, pl. xxxi; also in Fleet, Gupta Inscriptions (Calcutta, 1888). The material of the pillar is red sandstone. According to Cunningham the total height is 43 feet. The peculiar double-faced, two-armed image on the summit does not seem to be intended for Krishna, but I cannot say what the meaning is (H. F. A., p. 174, fig. 121).
121.During the wars with the Marāthās and Pindhārīs, which ended in 1819.
122.After we left Jubbulpore, the old Rānī used to receive much kind and considerate attention from the Hon. Mrs. Shore, a very amiable woman, the wife of the Governor-General's representative, the Hon. Mr. Shore, a very worthy and able member of the Bengal Civil Service. [W. H. S.] For notice of Mr. Shore, see note at end of Chapter 13.
123.See the author's paper entitled 'History of the Gurha Mundala Rajas', in J. A. S. B., vol. vi (1837), p. 621, and the article 'Mandla' in C. P. Gazetteer (1870).
124.Kūrai is on the route from Sāgar to Nasīrābād, thirty-one miles WNW. of the former.
125.The 'Sāgar and Nerbudda Territories', comprising the Sāgar, Jabalpur, Hoshangābād, Seonī, Damoh, Narsinghpur, and Baitūl Mandlā Districts, are now under the Local Administration of the Chief Commissioner of the Central Provinces, established in 1861 by Lord Canning, who appointed Sir Richard Temple Chief Commissioner. These territories were at first administered by a semi-political agency, but were afterwards, in 1852, placed under the Lieutenant-Governor of the North-Western Provinces (now the Agra Province in the United Provinces of Agra and Oudh), to whom they remained subject until 1861. They had been ceded by the Marāthās to the British in 1818, and the cession was confirmed by the treaty of 1826.
126.All official presents given by native chiefs to the Governor- General are credited to the 'toshakhāna', from which also are taken the official gifts bestowed in return.
127.By resolution of Government, dated January 10, 1836, the author was appointed General Superintendent of the Operations against Thuggee, with his head-quarters at Jubbulpore.
128.November, 1835.
129.This observation does not hold good in densely populated tracts, which are now numerous.
130.These 'estates of villages' are known by the Persian name of 'mauza'. The topographical division of the country into 'mauzas', which may be also translated by the terms 'townlands' or 'townships', has developed spontaneously. Some 'mauzas' are uninhabited, and are cultivated by the residents of neighbouring villages.
131.In some parts of Central and Southern India, the 'Gārpagrī', who charms away hail-storms from the crops, and 'Bhūmkā', who charms away tigers from the people and their cattle, are added to the number of village servants, [W. H .S.] 'In many parts of Berār and Mālwa every village has its "bhūmkā", whose office it is to charm the tigers; and its "gārpagrī", whose duty it is to keep off the hail-storms. They are part of the village servants, and paid by the village community, After a severe hail-storm took place in the district of Narsinghpur, of which I had the civil charge in 1823, the office of "gārpagrī" was restored to several villages in which it had ceased for several generations. They are all Brahmans, and take advantage of such calamities to impress the people with an opinion of their usefulness. The "bhūmkās" are all Gōnds, or people of the woods, who worship their own Lares and Penates' (Ramaseeana, Introduction, p. 13. note).
132.Very often the Government of the country know nothing of these tenures; the local authorities allowed them to continue as a perquisite of their own. The holders were willing to pay them a good share of the rent, assured that they would be resumed if reported by the local authorities to the Government. These authorities consented to take a moderate share of the rent, assured that they should get little or nothing if the lands were resumed. [W. H. S.] 'Rent' here means 'land-revenue'. Of course, under modern British administration the particulars of all tenures are known and recorded in great detail,
133.Since the author wrote these remarks the legal position of cultivating proprietors and tenants has been largely modified by the pressure of population and a long course of legislation. The Rent Acts, which began with Act x of 1859, are now numerous, and have been accompanied by a series of Land Revenue Acts, and many collateral enactments. All the problems of the Irish land question are familiar topics to the Anglo-Indian courts and legislatures.
134.This proposition no doubt was true for the 'Sāgar and Nerbudda Territories' in 1835, but it cannot be predicated of the thickly populated and settled districts in the Gangetic valley without considerable qualification. Examples of long-established, unchanged, well-known rent-rates are not uncommon.
135.In recent years this task of 'mapping the waves of the ocean' has been attempted. Every periodical settlement of the land revenue in Northern India since 1833 has been accompanied by the preparation of detailed village maps, showing each field, even the tiniest, a few yards square, with a separate number. In many cases these maps were roughly constructed under non-professional supervision, but in many districts they have been prepared by the cadastral branch of the Survey Department. The difficulty mentioned by the author has been severely felt, and it constantly happens that beautiful maps become useless in four or five years. Efforts are made to insert annual corrections in copies of the maps through the agency of the village accountants, and the 'kānūngos', or officers who supervise them, but the task is an enormous one, and only partial success is attained. In addition to the maps, records of great bulk are annually prepared which give the most minute details about every holding and each field.
136.The Permanent Settlement of Bengal, effected under the orders of Lord Cornwallis in 1793, was soon afterwards extended to the province of Benares, now included in the United Provinces of Agra and Oudh. Illusory provisions were made to protect the rights of tenants, but nothing at all effectual was done till the passing of Act x of 1859, which has been largely modified by later legislation.
137.The general principle here stated of respect for personal substantive law in civil matters is still the guide of the Indian Legislature, but the accumulation of Privy Council and High Court rulings, combined with the action of codes, has effected considerable gradual change. Direct legislation has anglicized the law of contract, and has modified, though not so largely, the law of marriage, inheritance, and succession.
138.In the author's time the courts of the East India Company still followed the Muhammadan criminal law, as modified by the Regulations. The Indian Penal Code of 1869 placed the substantive criminal law on a thoroughly scientific basis. This code was framed with such masterly skill that to this day it has needed little material amendment. The first Criminal Procedure Code, passed in 1861, has been twice recast. The law of evidence was codified by Sir James FitzJames Stephen in the Indian Evidence Act of 1870.
139.This proposition, in the editor's opinion, truly states the theory of land tenures in India, and it was a generally accurate statement of actual fact in the author's time. Since then the long continuance of settled government, by fostering the growth of private rights, has tended to obscure the idea of state ownership. The modern revenue codes, instead of postulating the ownership of the state, enact that the claims of the state—that is to say, the land- revenue—are the first charge on the land and its produce. The Malabar coast offers an exception to the general Hindu role of state ownership of land. The Nairs, Coorgs, and Tulus enjoyed full proprietary rights (Dubois, Hindu Manners, &c., 3rd edition (1906), p. 57).
140.Amīr Khān, the Nawāb of Tonk, assigned to his physician, who had cured him of an intermittent fever, lands yielding one thousand rupees a year, in rent-free tenure, and gave him a deed signed by himself and his heir-apparent, declaring expressly that it should descend to him and his heir for ever. He died lately, and his son and successor, who had signed the deed, resumed the estate without ceremony. On being remonstrated with, he said that 'his father, while living, was, of course, master, and could make him sign what he pleased, and give land rent-free to whom he pleased; but his successor must now be considered the best judge whether they could be spared or not; that if lands were to be alienated in perpetuity by every reigning Nawāb for every dose of medicine or dose of prayers that he or the members of his family required, none would soon be left for the payment of the soldiers, or other necessary public servants of any description'. This was told me by the son of the old physician, who was the person to whom the speech was made, his father having died before Amīr Khān. [W. H. S.] Amīr Khān was the famous Pindhārī leader. H. T. Prinsep translated his Memoirs from the Persian of Busawun Lāl (Calcutta, 1832).
141.The ancient deeds of grant, engraved on copper, of which so many have been published within the last hundred years, almost invariably conclude with fearful curses on the head of any rash mortal who may dare to revoke the grant. Usually the pious hope is expressed that, if he should be guilty of such wickedness, he may rot in filth, and be reborn a worm.
142.Revenue officers commonly observe that revenue-free grants, which the author calls rent-free, are often ill cultivated. The simple reason is that the stimulus of the collector's demand is wanting to make the owner exert himself.
143.These leases now carry with them a right of ownership, involving the power of alienation, subject to the lien of the land revenue as a first charge. Conversely, the modern codes lay down the principle that the revenue settlement must be made with the proprietor. The author's rule of agricultural succession by primogeniture in the Nerbudda territories has survived only in certain districts (see post, Chapter 47). The land-revenue law and the law concerning the relations between landlords and tenants have now been more or less successfully codified in each province. Mr. B. H. Baden-Powell's encyclopaedic work The Land Systems of British India (3 volumes: Oxford, Clarendon Press, 1892) gives very full information concerning Indian tenures as now existing, and the law applicable to them at the date of publication.
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