Mr. Wilkspresented a Petition from Protestant Dissenters at Reading, for the extension of civil rights to the inhabitants of India, and for the suppression of the Pilgrim Tax. A discussion had recently taken place upon this latter part of the subject, as to whether Hindoos on becoming Christians forfeited their property, and considerable, doubts prevailed upon the point; but from information which he had recently received from Calcutta, he could affirm, that a Hindoo on becoming a Christian, was condemned by British Judges in India to the forfeiture of his property.
Mr. Cutlar Fergussonsaid, in consequence of the former discussion, he had examined all the authorities on the subject, and he could discover no one instance of a native of India losing his inheritance on becoming a Christian. He was quite sure no Court of Law, in a country where Christian government was established, would condemn a man to the forfeiture of his property on adopting the religion of the Government. According to the Hindoo laws, a man must be perfect before he could inherit property; if he was lame, blind, or imbecile in mind, he was excluded. These laws, however, were never enforced. He had known an instance of a person who was blind, who had recovered an estate worth 30,000 rupees; and no one had ventured to object, on account of his infirmity, although the letter of the law was clearly against him. And so it would be ruled, should any such application be made to a Court on a man becoming a Christian; it was perfectly impossible that a British Judge could decree that a man was to lose his inheritance from embracing the Christian religion.
Mr. Wilksbelieved, notwithstanding the great deference due to the hon. and learned Member's authority, that the hon. Member was mistaken on the subject. He had known cases in India, in which persons would not even try the question, and had given up considerable property, 858 because they were fully convinced the law was clear against them. One individual alone, in Calcutta, had abandoned property to the amount of a lack of rupees, about 12,000l., on this point alone, without making any attempt whatever to retain it.
Mr. Cutlar Fergussonsaid, if persons felt themselves aggrieved in this respect, they would of course make application to the local government of British India, which had the power to make and amend the laws and regulations for the administration of property, both of Hindoos and Mahometans, being the subjects of their government, and under their jurisdiction. That circumstance all those persons well knew, and the records of India would consequently shew whether any applications had been made on the point. In the absence of any such application (for he could take it upon himself to say none such existed) it was but fair to infer, that the grievance did not exist. If it did exist, persons should apply to the local governments in India which had the power to afford them redress.
§ Petition to be printed.