JURIES (INDIA) BILL. (Hansard, 18 June 1832)

Mr. Goulburn
thought, that at so late an hour of the night, and in so thin a House, the right hon. Gentleman ought not to proceed with this important measure. Many hon. Members were absent who certainly would have been present had they anticipated its coming on.

Mr. Charles Grant
said, it was generally known that the Bill would be brought on to-night, and that was the reason why so ninny had abstained from coming, not meaning to take any part in the discussion.

Mr. Hume
thought the Bill most important, and one which, for many reasons, ought not to be further delayed.

§ Sir Charles Wetherell
had understood it to be a standing maxim of the hon. member for Middlesex, that after twelve o'clock at night legislation ought to cease.

Mr. Hume
only objected to voting away the public money at a late hour of the night.

§ Sir Charles Wetherell
equally objected to passing measures which involved the personal liberty of the subject at such hours.

§ Sir Charles Forbes
observed, that a considerable discussion between the Company and the Board of Control had taken place upon the subject of this Bill, which would create an extraordinary sensation in India when it got out there. It would appear in every newspaper, and spread over every corner of that vast empire, and cause more sensation than any occurrence for the last twenty years. It was material that this measure should have a full and mature consideration, and, at the same time, that there should be no unnecessary delay with regard to it. He hoped that the Bill would not be delayed.

§ Mr. Courtenay
did not object to the principles of the Bill, but was anxious that it should have a full discussion, and that, at all events, those hon. friends of his, who had expressed a wish to make some observations upon it, should have the opportunity of doing so. It could not be denied that this Bill would effect a very considerable change in the administration of the government of India. his right hon. friend admitted that it was of the utmost importance to consider whether the reasons applicable, in general, to the admission of persons to the offices of Juries and Justices of Peace, were applicable in the case of the peculiar mode of government in India; and he had said, that the principle was, to apply improvements when civilization was sufficiently advanced to be able to do it with safety. His right hon. friend knew perfectly well, that India had not been treated hitherto as a country in a state of civilization, nor governed by those general principles which were applicable to European States. The system of government in India, whether right or wrong, was, in fact, a system quite peculiar. The change proposed by this Bill was a very material and radical change in the administration of that government; and, without any urgent necessity being shown for its immediate enactment, he really thought it might be very properly postponed, and made one of the general mea- 821 sures of legislation, when the Committees sitting to inquire into the East-India question should have terminated their labours. He regretted extremely that an hon. friend of his, who had been one of the Judges in India, and who was fully competent to give an opinion on this question, should be absent, owing to an expectation that the Motion would not come on to-night; because he fully intended to state his opinions to the House. It was not his intention, as he had already said, to oppose the principle of the Bill; and he had discharged his duty in making these few remarks.

Mr. Charles Grant
said, the present Bill referred to an isolated point upon which the House had already had the benefit of all necessary information, and much discussion. The inquiry now pending was of a general and comprehensive nature, and would occupy a considerable period of time before it could be brought under the notice of the House. In the meantime, he thought it highly desirable that this Bill should be proceeded with, and carried into operation in India. The great principle of the Bill was, to give the natives a share in administering the laws of the country as soon as possible; and this principle was to be carried to as great an extent as should be found practicable. In his opinion, it was the high duty of this country to the natives of India, to impart to them every species of improvement of which they could be made susceptible. With these views, he could see no occasion for delaying this measure for a year longer. The native population felt the greatest anxiety with respect to it; petitions from Bombay and Calcutta, dated three years ago, and then on the Table of the House, testified the anxiety of the natives for this measure—an anxiety which showed that they were prepared for the exercise of the trust about to be confided in them. There was only one other part of this measure to which he thought it necessary to call the attention of the House. It was that part which altered the registry regulation, making it essential that the natives should be Christians to sit upon Juries. He did not approve of making Christianity a test and an exclusion in this manner. He thought it bad in legislation, and injurious to Christianity itself, which he desired to see promoted by far different means. This Bill made it permissive that natives who were not Christians should enjoy the same rights.

Mr. Stuart Wortley
thought, that if they waited the result of the inquiry at present going on, they might see reason to adopt some modification of this measure, or impart some improvement to it.

§ Sir John Malcolm
was very glad the right hon. Gentleman refused to consent to further delay, because he knew that much irritation now existed in India on this subject. The Bill was highly important, and would tend to allay much of the discontent created by the existing law. He particularly alluded to that part of the law which made it imperative that every native sitting on a Grand Jury should be a Christian. In Bombay there were 13,000 or 14,000 Christians, not all belonging to the most respectable classes of society, who were entitled by the law to sit on Grand Juries, from which many most respectable Parsees and Hindoos, to whom the Christians were clerks and servants, would be excluded. Thus the effect of the regulation was, to exclude the most wealthy and influential natives from those places of trust which they saw the lowest class occupy, and frequently their own servants. Nothing could create greater discontent than this impolitic regulation. We should never be able to preserve our empire in that quarter, under the changes which it was but just to anticipate, unless the natives were made content. It was impossible that they should be able to establish the police there which it was intended to establish unless this were done.