fpectators to admire our juftice, and blefs the hands that had impofed the yoke. Could we even tear the feelings of nature from their hearts, the gaping creatures would wonder at the violence, without understanding the object to be attained.

Marriage is a state connected with the former relation, and inftituted for the better performance of a parent's duty. It varies, however, in different countries, not only as to forms and folemnities, the age of contracting, and the rights of property conveyed, but likewife as to the power and dominion of a husband. It is a happiness to live in thofe climates, which permit a free communication, where that fex, who have most charms, embellish without corrupting fociety.

This happiness, however, cannot be the lot of every nation. In climates where marriage is contracted at an early age, before reafon affumes her empire, where the paffions are quickened by the near approach of the fun, and morality ferves only to awaken remorfe, the confinement of women univerfally prevails. "Thofe, fays the prefident Montefquieu, who confider the horrible crimes, the treachery, the black villainies, the poifonings, the affaffinations, which the liberty of women has produced at Goa, and in the Portuguefe fettlements in the Indies, where religion permits only one wife; and who compares them with the innocence and purity of manners of the women of Turky, Perfia, Mogulftan, China, and Japan, will clearly fee, that it is frequently as neceffary to separate them from the men, when they have but one, as when they have many."

If this account be juft, and it is fupported by the relation of travellers, the confinement of women is a law that cannot be changed. Throughout India the practice most certainly prevails, and is clofely connected with the manners and religion of the people. The Hindoo, not less than the Mahometan, dreads the expofal of his women as the worst dishonour. Mr. Scrafton informs us, "that nothing hurt Suffraz Cawn (a former fubahdar of Bengal) so much, as the difgrace he put on his richeft fubject, Jaggut Seat. Hearing that his fon was married to a young lady of exquifite beauty, he infifted on a fight of her. All the father's remonftrances were in vain. He faw her, and fent her back, poffibly uninjured. But the very feeing her in a country, where women are concealed, was an injury not to be forgiven." "Women, fays Mr. Dow, are fo facred in India, that even the common foldiery leave them unmolefted in the midst of flaughter and devaflation. The Haram is a fanctuary against all the licentioufnefs of victory; and ruffians, covered with the blood of a hutband, fhrink back with confufion from the fecret apartments of his wives."

Shall our writs of liberty unlock thefe facred receffes ? fhall no reverence be thought due to the honour of a husband? or shall we difregard the condition of a wife, incapable of governing herself? fhall our courts of juftice become the authors of outrage, which the bloody ruffian would fear to commit? Thus, in defpite of nature, fhall we diffolve the ties of domestic life, without fubftituting any government in their place, and force the fervant, the child, and the

wife, to renounce their dependence, unable to afford them pro

tection.'

If the civil rights eftablished in our country, cannot be adopted by the inhabitants of Bengal, to impofe on them our criminal code would, this Writer fhews, be found yet more impracticable.

This head of laws, fays he, has lefs relation to individuals than to the whole, to the government with its dependencies, to the establifhed religion, to the domeftic and foreign interefts of the state. The natural rights of men must be protected in every country; but the means of affording even this protection must relate to the habits of the mind; and example would lofe its effect, unless experience of benefit kept pace with the punishment of crimes. It is difficult to fpeak with temper of fubjecting nations to laws, which they cannot understand; of inflicting punishment, where there can be no inten tion to offend; and of enforcing regulations without an object, becaufe the neceffities of a diftant people, diffimilar in foil, in climate, in fituation, in morals, manners, religion, and habits of life, have extorted thefe provifions from their rulers. To analyze a subject of fech extent will be difficult. To contrast the laws, manners and cuftoms of two feparate nations, will require a knowledge I do not poffefs, a labour which I care not to employ. Yet a part of the fubject may deferve our attention, and afford both profit and pleafure

for our toil.'

He then proceeds to fhew in what refpects the adoption of British laws in Bengal would naturally and speedily operate both to the deftruction of the people, and the ruin of the government. Not to mention, fays he, the laws relative to religion and domeftic policy, not to enumerate the long train of felonies created by parliament, the rigid punishment of a very few fpecies of crimes might deluge the country with blood. He inftances the general cafe of the female fex:

Women in the Eaft are transferred with little ceremony, and whether they be wives or concubines, the men feldom await their confent. Were our laws of rape and rules of evidence enforced, one half of the males would incur the penalty of death. I mean not to justify their practice, but beg leave to fuggeft that the fword of juf. tice, when too deeply ftained with blood, may prove but an indifferent corrector of the morals of a nation.'

He gives another inftance, in a cafe of forgery; a crime which the amazing extent of public and private credit in Great Britain has induced our legiflators to punifh with death.

Under this law a native of Bengal was condemned in the year 1765. But fo extravagant did the fentence appear, where experience had never fuggetted the principle, fuch the difproportion in

The Author remarks, in a note, that not lefs than one hundred and fixty capital felonies are created by acts of parliament: this, however, we conceive to be no other than the natural refult of a free conftitution of government.

their eyes between the punishment and crime, that the principal inhabitants of Calcutta expreffed their aftonishment and alarm in a petition to the governor and council; and upon a proper reprefentation, Radachurd Metre received a pardon.'

Thefe, among other inftances, fays Mr. V. which might be given, will fuffice to prove the violent effects of introducing the English laws. In other particulars (he adds) their defect will be as confpicuous as in these their excefs.' This af'fertion is evinced by the following remarkable ftory:

66

A Hindoo had been bribed to procure fome papers belonging to a gentleman who died in the company's fervice. The fon caught him in the fact; and, in revenge of his treachery, compelled him to fwallow a fpoonful of broth. Ridiculous as the punithment may feem, it was attended with very ferious confequences. No fooner was his pollution known, than he was degraded from his caft, loft all the benefits of fociety, and was avoided as a leper by his tribe. When a man is thus difgraced, he is thenceforward obliged to herd with the Hallachores, who can fcarcely be called a tribe, being the refufe of all tribes. These are a fet of poor unhappy wretches deftined to mifery from their birth. They perform all the vileft offices of life, bury the dead, and carry away every thing that is polluted. They are held in fuch abomination, that, on the Malabar fide of India, if one of thefe chances to touch a man of a fuperior tribe, he draws his fabre, and cuts him down on the fpot, without any check from his own confcience, or from the laws of his country.' In this miferable fituation was the Hindoo, when Lord Clive defired the Bramins to assemble and confider, if there could be no remitton of an involuntary deviation from their law. After many confultations, a fimilar cafe was faid to have been difcovered in the facred books; but although the Bramins affected a compliance, the man was never restored to his caft.

Their Mahomedan governors often take advantage of this principle, when they want to extort money; and fo highly do the Hindoos value their religious purity, that after they have borne the feverest corporal punishment rather than difcover their wealth, a threat of defilement will effect what torture has attempted in vain. Should this fpecies of oppreffion be now practifed in Bengal, what adequate punishment could our law inflict for fo atrocious an injury? or how can we teach the natives to acknowledge our justice, when rights dearer to him than life are left wholly unprotected?

Happily for the inhabitants of Bengal, this abfurd and extravagant fyftem of tranfplanting English laws, which have grown from the peculiar neceffities of a people in the course of feveral centuries, to a country where the occafional enacting them never had an exitence, is not more ridiculous in fpeculation, than impoffible in practice. Independent of the difficulty arifing from their abhorrence of oaths, and their ignorance of the language in which our laws are conceived, how impoflible would it be to promulgate them to many millions of people; or how could the magiftrates obtain a knowledge of tranfgreffors, when the nation were unacquainted with rules to which the idea of offence mult relate ?

The

The following reflection does honour to the Writer's underfanding, and the thought is expreffed with a felicity equal to any thing that we find in the writings of Montefquieu or Locke:

He who will confider how fmall a portion of what we deem RIGHTS in civil fociety, are derived from the first impressions of nature, and that all beyond are mere creatures of law, fupported by habits of enjoyment on one fide, of acquiefcence on the other, will readily conceive the violence with which a fudden change muft operate on the feelings of mankind. It is well known that the experiment has already been tried with a nation lefs diffimilar than the Hindoos to our own, but without fucces. The power of conquerors in Canada could give only a nominal existence to our laws. They were established indeed by the magistrate, yet rejected by the people; and property is now diftributed according to their former customs, unfupported by public authority.'

Our Author concludes this important and entertaining chapter with an excellent difcuffion of fuch regulations as the state and condition of the Bengalians may permit. The arrangements which he, with great judgment, (founded on experience) and equal modefty, propotes, feem to be highly deferving the ferious. attention of those to whom, under providence, the fate of a populous and induftrious nation may be entrusted; and by whole prudent regulations the people of Bengal may hereafter become a very useful colony to Great Britain.

If happy in giving peace to millions, fome enlightened minds fhould watch with parental care over a growing empire; pofterity may behold with admiration a noble monument of national humanity, and the praise of arts, of science, and of arms, ferve rather to adorn than conftitute the future character of the British nation.'

ART. II. General Remarks on the Syftem of Government in India; with farther Confiderations on the prefent State of the Company at Home and Abroad. To which is added, a general Statement and fair Examination of their latest Accounts from the Year 1766; and a Plan for the mutual Advantage of the Nation and the Company. 8vo. 2 s. Nourfe. 1773.

HIS very intelligent Writer has, we find, on former oc

TH cafions, offered his thoughts to the public, on the fub

ject of the East India Company's affairs. He is a fenfible man, and he profeffes that what he writes, flows from a heart which harbours no private prejudice against any of the gentlemen who have been entrusted with power either at home or abroad: and, farther, that his fole aim is to fhew how abfurd it would be, at this critical conjuncture, to imitate the waggoner in the fable,

See Obfervations on the present State of the East India Company, recommended in our Review for December 1771. See alfo The Meafures to be pursued in India, for ensuring the permanency, and augmentng the Commerce, of the Company: Review for April 1772.

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by fitting down and lamenting our fituation, when we should inftantly clap our fhoulders to the wheel. I have long seen, fays he, with concern, the miniftry of this country endeavour to ward off the evil day, juft from year to year. The minifter at prefent may command the cards, the game is in his own hand, but irrefolution and delay, continued much longer, will lofe the nation as great a stake as Rome ever played for out of Italy. The Mogul empire has long been in a most distracted ftate, indeed, ever fince the fucceffion of Nadir Shaw; therefore we have nothing to apprehend from the natives. The ftates of Europe are not likely to moleft us in our pursuits, the Northern powers being fufficiently employed; and the Southern, difabled by the present fituation of their finances and navies, are difpofed to continue in peace with us. Thefe circumstances confpire to favour our views, by the leifure and opportunities they will give us to fettle and regulate our Indian provinces, and to fecure them to ourselves in whatever manner fhall appear moft for our advantage.'

He proceeds to give an account of the state of the country, of the trade, and the measures that have been purfued; and in the course of his reflections he is naturally led to fay fomewhat concerning Lord Clive, who he tells us was never excelled, either as a foldier or a politician, in thofe Eastern countries. He acknowledges that his Lordship's acquaintance with commerce was flender, and that every material ftep which he took at Bengal, on that head, appears to have been entirely wrong; which he imputes not to intention, but to want of judgment. At the fame time that he allows Lord Clive's great merit, he owns that he was too haughty, and ambitious, and made extravagant terms for himfelf; however, it is added, he acquired no money by little mean ways, fuch as, by extortion or plunder fecretly taken from individuals; what he got, he took in the face of day, and from the Subahdars themselves.'

The great error in the Eaft India management lies, according to this Writer, in the Company's having no regular fyftem, whatever, to purfue. This, he fays, has been the principal cause of their prefent diftrefsful fituation; and if that cause remains, he affirms it will foon involve them in utter ruin; a ruin, fays he, I must repeat it, that cannot happen without being productive of much injury to the nation in general.' It is his propofal that the trade fhould be left wholly to the Company, under the most unmolested freedom; that the executive civil power, the military, and the judicial appointments, fhould be in the hands of government; and that the perfons fo appointed, fhould be fubject to controul, and amenable for mifconduct and injuftice, in fuch manner as the wisdom of parliament fhall determine.