THE MARQUESS OF CLANRICARDEinquired, Whether the Governor General of India has taken steps to inquire into Titles to Land in other Parts of India similar to those which were adopted in the Province of Oude? He believed that, above all things, it was desirable in legislating for India to lay down no particular rule for the government of the whole country; but that, in the regulation of each portion, regard should be had to the usages, customs, and laws already existing. It should also be remembered that the talookdars were men of wealth and position.
LORD DUFFERINsaid, that whenever a newly acquired territory passed under the jurisdiction of the Indian Government it was the practice to dispatch a staff of revenue officers and surveyors for the purpose of effecting what was commonly called a settlement of the territory—that was to say, of measuring the various areas which were about to become the subject of the land tax, and ascertaining the parties who were responsible for the payment of that tax. That course was taken, first, for the purposes of fiscal assessment, and, secondly, in order to record existing rights. The agricultural population of India was divided, as in Europe, into two great classes—landlords and tenants. But the class of tenants was again subdivided into three distinct categories—tenants at will, tenants with rights of occupancy at fixed rates lower than the market rate, and tenants who had rights of occupancy at what were called fair or marketable rates—rates determined by the arbitration of a Court of Justice. The rights of tenants of the last class, although not of great importance, were still of considerable value. But those of tenants at fixed rates were, no doubt, of a very valuable character, and were transferred by the tenant to his descendants. Consequently, it was the custom of the Government of India, whenever a settlement was effected, to send an officer to record, not only the rights of the proprietors, but those of the occupying tenants. As early as 1836 instructions to that effect were given by Lord Auckland, and after- 1039 wards confirmed by Lord Hardinge and other Governors General. Lord Canning also expressly reserved the subsidiary rights of this class of occupiers. It was, therefore, a mistake to imagine that the policy which had been pursued by Sir John Lawrence was a reversal of that which had been adopted by Lord Canning. It was, in fact, merely an extension and confirmation, of that policy. When the time arrived for the final settlement of Oude, and Mr. Wing-field reported to the Government on the subject, it occurred to Sir John Lawrence to ask whether he had made any investigation as to the rights of occupancy? As Mr. Wingfield was himself perfectly satisfied, from his knowledge of the country, that no such rights existed, he had not instituted any inquiry into the subject, but Sir John Lawrence had thought it expedient to institute a more special inquiry. That inquiry had been conducted in the fairest and most impartial manner under the superintendence of Mr. Davies, a revenue officer, and the result was that Mr. Wingfield's previous opinion had been to a great extent confirmed. With regard to the second point, whether special instructions had been sent to the Governor General to make a similar inquiry into the title of land elsewhere than in Oude, he was able to reply in the negative. The revenue officers in India would continue to act, not under special instructions, but under the general instructions which he had detailed. There was great discrepancy of opinion both in India and at home as to the policy of encouraging tenant right, but into that question it was not necessary now to enter. He hoped he had satisfied his noble Friend as to the matters of fact which were the subject of his inquiries.
§ House adjourned at half past Seven o'clock, till To-morrow, half past Ten o'clock.