Part 20 (1/2)

Government will not do away with the privilege without first ascertaining the views and wishes of the military authorities. They are not favourable to the abolition, for though the honest and hard- working sipahees may say that it is of no use to them, the idle and unscrupulous, who consider it as a lottery in which they may sometimes draw a prize, or a means of getting leave of absence when they are not ent.i.tled to it, will tell them that the fidelity of the whole native army depends upon its being maintained and extended. I am of opinion, after much consideration, and a good deal of experience in the political working of the system, that the abolition of the privilege would be of great advantage to the native army; and it would certainly relieve the European officers from much importunity and annoyance which they now suffer from its enforcement.

It is not uncommon for a sipahee of a regiment in Bombay to obtain leave of absence for several times over for _ten months_ at a time, on the pretence of having a case pending in Oude. When his leave is about to expire, he presents a pet.i.tion to the Resident, who obtains for him from the Court an order for the local authorities to settle his claim. This order is sent to the officer commanding his regiment.

The man then makes up a piteous story of his having spent the whole ten months in prosecuting his claim in vain, when, in reality, he has been enjoying himself at home, and had no claim whatever to settle.

The next year, or the year after, he gets another ten months' leave, for the same purpose, and when it is about to expire, he presents himself to the Resident, and declares that the local authorities have been changed, and the new officers pay no regard to the King's orders. New orders are then got for the new officers, and sent to his regiment, and the same game is played over again.

Native officers and sipahees, in the privilege of presenting pet.i.tions through the Resident, are now restricted to their own claims and those of their wives, fathers, mothers, sons, and daughters. They cannot pet.i.tion through the Resident for the redress of wrongs suffered, or pretended to have been suffered, by any other relations. In consequence, it has become a common custom with them to lend or sell their names to more remote relations, or to persons not related to them at all. The pet.i.tion is made out in their own name, and the real sufferer or pretended sufferer, who is to prosecute the claim, is named as the mookteear or attorney. A great many bad characters have in this way deprived men of lands which their ancestors had held in undisputed right of property for many generations or centuries; for the Court, to save themselves from the importunity of the Residency, has often given orders for the claimant being put in possession of the lands without due inquiry or any inquiry at all. The sipahees are, in consequence, much dreaded by the people among whom they reside; for there really is no cla.s.s of men from whom it is more difficult to get the truth in any case. They have no fear of punishment, because all charges against them for fraud, falsehood, or violation of the rules laid down by Government have to be submitted either to a court-martial, composed of native officers, or to the Governor-General. Both involve endless trouble, and it would, I fear, be impossible to get a conviction before a court-martial so composed. No Resident will ever submit to a Governor-General the scores of flagrant cases that every month come before him; still less will he worry unoffending and suffering people by causing them to be summoned to give evidence before a military court.

In a recent instance (July 1851), a sipahee in a regiment stationed at Lucknow was charged before a court-martial with three abuses of the privilege. He required no less than seventy-four witnesses to be summoned in his defence. The Court had to wait till what could be got out of the seventy-four appeared, and the man became an object of sympathy, because he was kept so long in arrest. He named the first a.s.sistant to the Resident, who has charge of the Sipahee Pet.i.tion Department, as a witness; and he was not, in consequence, permitted to attend the Court on the part of the Resident, who preferred the charges, though he was never called or examined by the Court on the part of the defence. The naming him, and the summoning of so many witnesses were mere _ruses_ on the part of the sipahee to escape. No person on the part of the Resident was allowed to attend the Court and see that his witnesses were examined; nor had he any means of knowing whether they were or not. He had reason to believe that the most important were not. The sipahee was of course acquitted, as sipahees charged with such abuses of the privilege always will be.

This man's regiment was at Lucknow, and near the place where the cause of action arose, his own village, and the Resident's office.

How much more difficult would it be to get a conviction against a sipahee whose regiment happens to be many hundred miles off!

The transfer of their lands from the jurisdiction of the local authorities to that of the Hozoor Tehseel is often the cause of much suffering to their copartners and neighbours. Their co-sharers in the land often find much inconvenience from it, and apprehend that, sooner or later, the influence of the sipahee will enable him to add their shares to his own. The village so transferred, being removed from the observation and responsibility of the local authorities, often becomes a safe refuge for the bad characters of the district, who thence depredate upon the country around with impunity. Claims to villages, to which the claimant had really no right whatever, have been successfully prosecuted by or through sipahees, for the sole purpose of having them transferred to the Hozoor Tehseel, and made dens of thieves and highway robbers. The person in charge of the Hozool Tehseel villages has generally a good deal of influence at Court, and this he lends to such claimants, for a consideration, without fear or scruple, as he feels a.s.sured that he shall be able to counteract any representations on the part of the local authorities of the evils suffered from the holders and occupants of such villages. He never pretends to be able to watch over or control the conduct of the holders and occupiers of the villages under his charge, situated, as they mostly are, in remote districts. The transfer of such villages can be justified only in districts that are held in contract, and even in them it might be easy to provide effectually for the protection of the holders from over-exactions on the part of the contractors.

This privilege is attended with infinite difficulty and perplexity to the Resident and Government; and is at the same time exceedingly odious to the people and Government of Oude. Officers commanding regiments and companies have much trouble with such pet.i.tions. Able to hear only one side of any question, they think that the evils suffered by the sipahees are much greater and more numerous than they really are, and grant leave to enable them to prosecute their claims to redress more often than is necessary. Men who want leave, when they are not otherwise ent.i.tled to it, feign wrongs which they never suffered, or greatly exaggerate such as may really have been inflicted on them in order to obtain it; or, as I have stated, lend their names to others and ask leave to prosecute claims with which they have really nothing whatever to do. The sipahees and native officers of our army are little better with than they would be without the privilege; and a great many enlist or remain in the service solely with the view of better prosecuting their claims, and resign or desert as soon as they have effected their purpose, or find that the privilege is no longer necessary. They make a convenience in this way of our service, and are the most useless soldiers in our ranks. I am persuaded that we should have from Oude just as many and as good recruits for our army without as with this privilege.

The regiments of the Gwalior Contingent get just as good recruits from Oude as those of the Line, though they do not enjoy the privilege. I believe that those corps which did not enjoy the privilege till within the last two years got just as good recruits from Oude as they now do, since it has been extended to them. Till 1848 the privilege was limited to the native officers and soldiers of our regular army, and to such as had been drafted from our regular army into local corps up to a certain date; but in July of that year the privilege was extended to all corps, regular and irregular, attached to the Bengal, Madras, and Bombay Presidencies, which are paid by the British Government. The feelings and opinions of the Oude Government had not been consulted in the origin of this privilege, nor were they now consulted in the extension given to it.

Officers commanding regiments and companies complain that the sipahees and native officers never get redress, whatever trouble they take to obtain it for them; and, I believe, they hardly ever hear a sipahee or native officer acknowledge that he has had redress. A sipahee one day came to the first a.s.sistant, Captain Shakespear, clamouring for justice, and declared that not the slightest notice had been taken of his pet.i.tion by the Oude Government or its local authorities. On being questioned, he admitted that no less than forty persons had been seized and were in prison on his requisition; but he would not admit that this was any proof of the slightest notice having been taken of his complaint. All are worried, and but few benefited by the privilege, and the advantage of it to the army never can counterbalance all the disadvantages. Invalid pensioners do not now enjoy the privilege, but are left to prefer their claims direct to the King's Courts, like others of the King's subjects, on the ground that they cannot--like _sipahees still serving_--plead distance from their homes; but a large proportion of the sipahees still serving who have, or pretend to have, claims, obtain leave of absence from their regiments to prosecute them in person.

The objection once raised by Lord William Bentinck against our employing troops in support of the Government of Oude against refractory landholders, is equally valid against our advocacy of the claims of sipahees to lands. ”If,” said his Lords.h.i.+p, ”British troops be lent to enforce submission, it seems impossible to avoid becoming parties to the terms of submission and guarantees of their observance afterwards on both sides; in which case we should become mixed up in every detail of the administration.” If the sipahee does not pay punctually the a.s.sessment upon the lands which he has obtained through the Resident, the Oude Government calls upon the Resident to enforce payment; and if the Oude Government ventures to add a rupee to the rate demanded for the year, or for any one year, the sipahee, through the commandant of his corps, and, perhaps, the Commander-in- Chief and Governor-General, calls upon the Resident to have the rate reduced, or to explain the grounds upon which it has been made; or if the sipahee has a dispute with his numerous co-sharers, the Resident is called upon to settle it. If the King's troops have trespa.s.sed, if the crops have suffered from calamities of season or marauders, or the village has been robbed, the sipahee refuses to pay, and demands a remission of the Government demand; and if he does not get it, appeals in the same manner to the Resident. If a sipahee be arrested or detained for defalcation, a demand comes for his immediate release; and if his crops or stock be distrained for balance, or lands attached, the Resident is called upon to ascertain and explain the reason why, and obtain redress. All such distraint is represented as open robbery and pillage.

It is not at all uncommon for a sipahee to obtain leave of absence from his regiment three or four times to enable him to prosecute the same case in person at Lucknow, though he might prosecute it just as well through an attorney. He often enjoys himself at his home while his attorney prosecutes his claim, if he really has any, at Lucknow.

The commanding officers of his regiment and company of course believe all he says regarding the pressing necessity for his presence at Lucknow; and few of them know that the cases are derided in the King's Courts, and that the Resident could not possibly decide them himself if he had five times the establishment he has and full powers to do so. If the Resident finds that a sipahee has lent his name to another, and reports his conduct, he makes out a plausible tale, which his commanding officer believes to be true; the Commander-in- Chief is referred to; the case is submitted to the Governor-General, and sometimes to the Court of Directors, and a voluminous correspondence follows, till the Resident grows weary, and the sipahee escapes with impunity. In the mean time, troops of witnesses have been worried to show that the sipahee has no connection whatever with the estate, or thing claimed in his name, or with the family to whom his name was lent. Many a man has, in this way, as above stated, been robbed of an estate which his family had held for many generations; and many a village which had been occupied by an honest and industrious peasantry has been turned into a den of robbers. In flagrant cases of false claims, the Resident may get the attorney, employed by the sipahee in prosecuting it, punished by the Durbar, but he can rarely hope to get the sipahee himself punished.

In a case that occurred shortly before I took charge, a sipahee complained that a tallookdar had removed him, or his friends, from their village by over exactions, demanding two thousand eight hundred rupees a-year instead of eight hundred. An ameen was sent out to the district to settle the affair. Having some influence at Court, he got the sipahee put into possession, at the rate of eight hundred, and obtained from him a pledge to pay to him, the ameen, a large portion of the _two thousand_ profit! The tallookdar, being a powerful man, made the contractor reduce his demand upon his estate, of which the village was a part, in proportion; and the contractor made the Government give him credit for the whole two thousand eight hundred, which the estate was well able to pay, in any other hands, and ought to have paid. The holder continued, I believe, to pay the ameen, who continued to give him the benefit of his influence at Court. Cases of this kind are not uncommon. The Resident is expected by commandants of corps and companies to secure every native officer and sipahee in the possession of his estate at a fixed rate, in perpetuity; and as many of their relations and friends as may contrive to have their claims presented through the Resident in their names. He is expected to adjust all disputes that may arise between them and their co- sharers and neighbours; or between them and their landholders and Government officers; to examine all their complicated accounts of collections and balances, fair payments, and secret gratuities.

Sipahees commonly enter the service under false names, and give false names to their relatives and places of abodes, in order that they may not be traced if they desert; or that the truth may not be discovered if they pretend to be of higher caste than they really are, or otherwise offend. When they find, in the prosecution of their claims through the Resident, that this is discovered, they find an alias for each name, whether of person, place, or thing: the troubles and perplexities which arise from this privilege are endless.

The Court of Directors, in a despatch dated the 4th March, 1840, remarking on a report dated the 29th November, 1838, from the Resident, Colonel Low, relating to abuses arising from the interference of the Resident in respect to complaints preferred by subjects of Oude serving in our army, observes, ”that these abuses appear to be even more flagrant than the Court had previously believed them to be, and no time ought to be lost in applying an effectual remedy: cases are not wanting in which complaints and claims, that are utterly groundless, meet with complete success, the officers of the Oude Government finding it less troublesome to comply with the unjust demand than to investigate the case in such a manner as to satisfy the Resident; and the Oude Government, for the purpose of getting rid of importunity, reduces the a.s.sessment on the lands of these favoured individuals, making up the loss by increased exactions from their neighbours.” The Court orders the immediate abolition of the privilege in the case of invalided and pensioned sipahees, and directs that those still serving in our army be no longer allowed to complain in respect of all their relatives, real or pretended, but only in cases in which they themselves, their parents, wives, or children are actually interested. ”All unfounded complaints, and all false allegations made in order to render complaints cognizable, ought to be, when discovered, _punishable by our own military authorities, who ought not to be remiss in inflicting such punishment when justly incurred_.” ”Under the restrictions which we have enjoined,” continues the Court, ”the trial may once more be made whether this privilege is compatible with good government in Oude, and with the rightful authority of the King of Oude and his officers.

Should the abuses which have prevailed still continue under the altered system, the whole subject must be again taken into consideration, and the Resident is to be required to submit a report on the operation of the privilege after the expiration of one year.”

How the rule with regard to relations.h.i.+p is evaded has been already stated, and among the numerous instances of this evasion that have been discovered every year since this order of the Honourable Court was pa.s.sed, the offence has never been punished by any military authority in one. The Resident has no hope, nor the sipahee any fear, that such an offence will ever be punished by a court-martial; and the former feels averse to trespa.s.s on the time and attention of the Governor-General and the Commander-in-Chief with such references. He hardly ever submits them till the necessity is forced upon him by references made to the Commander-in-Chief, by officers commanding regiments, in behalf of offenders in whose veracity they are disposed to place too much confidence.

In one of the cases quoted by Colonel Low in his letter of the 29th November, 1838, Reotee Barn, a sipahee, claimed a village, which was awarded to him by the Court, without due inquiry, to avoid further importunity. The owner in possession would not give it up. A large force was sent to enforce the award; lives were lost; the real owner was seized and thrown into gaol, and there died. Reotee Ram had no right whatever to the village, and he could not retain possession among such a st.u.r.dy peasantry. His commanding officer again appealed to the Commander-in-Chief, and the case was referred to the Governor- General and to the Honourable the Court of Directors, and a voluminous correspondence took place. It was afterwards fully proved, that the sipahee, Reotee Ram, had never had the slightest ground of claim to the village; and had been induced to set up one solely at the instigation of an interested attorney with whom he was to share the profits.

In another case quoted by Colonel Low in that letter, a pay havildar of the 58th Regiment complained, jointly with his brother Cheyda, through the Commander-in-Chief, to the Governor-General, in June 1831, stating, that Rajah Prethee Put had murdered two of his relations, plundered his house, burnt his t.i.tle-deeds, cut down five of his mango-groves, seized seventy-three beegahs of land belonging to him, of hereditary right, turned all his family out of the village, including the widows of the two murdered men, and still held in confinement his relative Teekaram, a sipahee of the Bombay army.

On investigation before the a.s.sistant Resident, Captain Shakespear, the havildar and Cheyda admitted-first, that Teekaram had rejoined his regiment before they complained; second, that of the two murdered men, one had been killed fifty-five years before, and the other twenty years, and that both had fallen in affrays between landholders, in which many lives had been lost on both sides; third, that he had never himself held the lands, and that his father had been forty years before deprived of them by the father of Cheyda, who had the best claim to them, and had mortgaged them to a Brahmin, from whom Prethee Put had taken them for defalcation; fourth, that it was not his own claim he was urging, but that of Cheyda, who was not his brother, but the great grandson of his grandfather's brother, and that he had never been in the British service; fifth, that the lands had been taken from his father by Cheyda's father fourteen years before he, the havildar, entered the British service twenty-eight years ago; sixth, that his family had lost nothing in the village, by Prethee Put, and that the persons deprived of their mango-groves were only very distantly related to him.

Fuzl Allee, a notorious knave, having, in collusion with the local authorities of the district, taken from Hufeez-ollah the village of Dewa, which had been held by his family in proprietory right for many generations, and tried to extort from him a written resignation of all his rights to the lands, Hufeez-ollah made his escape, and went to Lucknow to seek redress. During his absence his relations tried to recover possession, and in the contest one of Fuzl Allee's followers was killed. Fuzl Allee then prevailed upon Ihsan Allee, a pay havildar in the 9th Regiment of our Cavalry, who was in no way whatever connected with the parties, and had no claim whatever on the lands, to present a pet.i.tion to the Resident, charging Hufeez-ollah with having committed a gang-robbery upon his house, and murdered one of his servants. Hufeez-ollah was seized and thrown into prison, and the case was made over for trial to Zakir Allee. No proof whatever having been adduced against him for four months, Zakir Allee declared him innocent, and applied for his release; but before his application reached the Durbar, another pet.i.tion was presented to the Resident, Colonel Richmond, in the name of the pay havildar; and the Durbar ordered that the case should be made over to the Court of Mahommed Hyat, and that the prisoner should not be released without a settlement and the previous sanction of the Durbar, as the affair related to the English.

The prisoner proved that he was at Lucknow at the time of the affray, and that the lands in dispute had belonged to his family for many generations. No proof whatever was produced against him, but by frequently changing the attorneys of the pay havildar, pretending that he required to attend in person but could not get leave of absence, and other devices, Fuzl Allee contrived to postpone the final decision till the 27th of February, 1849, when Mahommed Hyat acquitted the prisoner, and declared that the pay havildar had in reality no connection whatever either with the parties or with the lands; that his name had been used by Fuzl Allee for his own evil purposes; that he had become very uneasy at the thought of keeping an innocent man so long in prison merely to gratify the malice and evil designs of his enemy; and prayed the Durbar to call upon the prosecutor to prove his charges before the Minister or other high officer within a certain period, or to direct the release of the poor man.

On the 16th of January, 1852, the prisoner sent a pet.i.tion to the Resident, Colonel Sleeman, to say, that after he had been acquitted by Mahommed Hyat on the 27th of February, 1849, his enemy, Fuzl Allee, had contrived to prevail upon the Durbar to have his case made over to the Court of the Suder-os Sudoor, by whom he had been a third time acquitted; but that the Durbar dared not order his release, as the case was one in which British officers were concerned. He therefore prayed that the Resident would request the King to order his release, on his giving security for his appearance when required, as he had been in prison for more than four years. On the 24th of January, 1852, the Resident requested the King to have the prisoner immediately released. This was the first time that the case came to the notice of Colonel Sleeman, though Hufeez-ollah had been four years in prison, under a fict.i.tious charge from the pay havildar.

_January_ 11, 1850.--At Nawabgunge, detained by rain, which fell heavily all last night, to the great delight of the _landed interest_, and great discomfort of travellers. Nothing but mud around us--our tents wet through, but standing, and the ground inside of them dry. Fortunately there has been no strong wind with the heavy rain, and we console ourselves with the thought that the small inconvenience which travellers suffer from such rain at this season is trifling, compared with the advantage which millions of our fellow-creatures derive from it. This is what I have heard all native travellers say, however humble or however great--all sympathise with the landed interests in a country where industry is limited almost exclusively to the culture of the soil, and the revenue of the sovereign derived almost exclusively from the land. After such rains the cold increases--the spirits rise--the breezes freshen--the crops look strong--the harvest is r.e.t.a.r.ded--the grain gets more sap and becomes perfect--the cold season is prolonged, as the crops remain longer green, and continue to condense the moisture of the surrounding atmosphere. Without such late rain, the crops ripen prematurely, the grain becomes shrivelled, and defective both in quant.i.ty and quality. While the rain lasts, however, a large camp is a wretched scene; for few of the men, women, and children, and still fewer of the animals it contains, can find any shelter at all!

_January_ 12, 1850.-At Nawabgunge, still detained by rain. The Minister had ordered out tents for himself and suite on the 8th, but they had not come up, and I was obliged to lend him one of my best, and some others as they came up, or they would have been altogether without shelter. When he left them on the 10th, his attendants cut and took away almost all the ropes, some of the kanats or outer walls, and some of the carpets. He knew nothing about it, nor will he ever learn anything till told by me. His attendants were plundering in all the surrounding villages while he remained; and my people tried in vain to prevent them, lest they should themselves be taken for the plunderers. Of all this the Minister knew nothing. The attendants on the contractors and other local officers are, if possible, still worse; and throughout the country the King's officers all plunder, or acquiesce in the plunder, utterly regardless of the sufferings of the people and the best interests of their Sovereign.