Part 45 (2/2)
Lucknow, 27th September, 1853.
My Dear James,
Under the circ.u.mstances you mention, I see but one course open to you; and that is, to recommend to the Government of Bombay to do as Lord William Bentinck did in the Bengal Presidency under similar circ.u.mstances, appoint a special Commissioner for the trial of offenders under Acts XX.[_sic_] of 1836, and XXIV. of 1843; or for the revision of trials under these Acts, conducted by Sessions'
Judges.
The first would be the best if feasible; but the second would do, since the Sessions' Judges seem now to be disposed to give their aid to Government in putting down the evil, and the Sudder Judges do not.
Formerly, I believe, the Sudder Judges were so disposed, and the Sessions Judges not. In my reply to the Government of Bombay, you will see reference made to Lord William's appointment of Mr.
Stockwell as special Commissioner. He was at the time Commissioner of the Allahabad division, and the work was imposed upon him in addition to his other duties.
If the Bombay Government does not think it has authority to appoint such a special Commission, they may apply to the Legislative Council to pa.s.s an Act authorising the Government of every Presidency to appoint such a Commission when circ.u.mstances may render it necessary.
This will be better and safer than to frame and enforce new rules of evidence for the guidance of existing Judicial Courts. The one would be for a special emergency, and temporary; and Government would not be very averse to it; but the other they certainly would not venture upon, particularly at this time. A great fuss would be made about it here and at home; and lawyers are too influential in both places.
You can show that there is no alternative--that this system of crime must be left to prosper in the Bombay Presidency, where alone it now prevails, or such a Commission must be appointed; and as the Acts and the machinery for giving effect to them have succeeded in putting it down in all the rest, it would be hard to leave the people of Bombay exposed to all the evils arising from the want of such a special Commission. Such Commissions have been adopted to relieve the people from the hards.h.i.+ps of the resumption laws, which affected but a small portion of the community; and you hope it would not be considered unreasonable in you to propose one for the relief of the whole community; for the life and property of no family will be safe an hour, if these cla.s.ses of offenders by hereditary profession are a.s.sured that they may carry on their trade with impunity, as they must be if your agency be withdrawn, and all the prisoners be released.
If you make a forcible representation to the Bombay Government in this strong case, they will adopt the measure if they have the power, or ask the power from the supreme Government; and I think the supreme Government will give it. I would say a special Commission for the trial of commitments under x.x.x. of 1836, and XXIV. of 1843, or a special Commission for the revision of trials under these Acts, as may seem best to Government; but you can say that you think the first would answer the purpose best in the Bombay Presidency. You may offer to run down to Bombay and submit your views to the Government in Council if required. They would not think it necessary, but would be pleased with the offer. Where men are committed on the general charge, it has always been thought necessary to show that the gang committed a murder or a robbery, though it is not so to show what part the prisoners took in them. If your a.s.sistant has not done this, he has failed in a material point. He should be very cautious in dealing with whole cla.s.ses. The fault of our Bombay a.s.sistants has always been a disposition to make offenders of whole cla.s.ses, when only some of the members are so.
You must make your best of the present case--show the necessity of the remedy clearly, and urge it respectfully without pretending to find fault with the Judges; merely say that their interpretation of the laws of evidence laid down for their guidance, however conscientious, forms an insurmountable obstacle to the conviction of offenders by hereditary profession, whose system has been founded upon the experience of their ancestors in the most successful modes of defeating these laws, and the technicalities of ordinary Judicial Courts. This is, I think, all that I can say on the subject at present. The Moncktons leave us this evening, and Amelie intends to set out for the hills on the 6th proximo.
Yours affectionately, (Signed) W. H. SLEEMAN.
To Captain J. Sleeman.
Lucknow, 28th September, 1853.
My Dear James,
On further consideration, I think that you should say nothing about the second proposal of a special Commissioner to revise the trials of offenders tried by Sessions Judges. You should suggest the first proposal of a special Commissioner to try all prisoners committed for trial under Acts x.x.x. of 1836, and XXIV. of 1843, and perhaps also XI. of 1841. See my Printed Report, page 357.
You may mention that such Commissioner should be required to submit his sentences for the consideration and final orders of Government, as all political officers did till March, 1835; or merely for the information of Government, as political officers did after that time.
On the 23rd of March, 1835, the Secretary to the Government of India forwarded to the Resident of Lucknow, for his guidance, the copy of a letter addressed on that date to the Agent of the Governor-General in the Saugor and Nerbudda territories, requesting that he would carry into execution his sentences on Thugs, and not make any reference to Government for confirmation, but merely submit to Government abstract statements of sentences; but desiring that the sanction of the King of Oude should be required before any capital sentence was carried into effect. No capital sentence was from that time pa.s.sed. As all prisoners will be tried on the general charge, no capital sentence will ever be pa.s.sed by the special Commissioner, and the Bombay Government may be disposed to give him the same orders. But the Governor in Council at Bombay will be the best judge of that.
Lord Falkland may possibly be deterred by apprehensions that late events may have altered the tone of feeling at home towards him; but I am persuaded that he would be glad to carry this measure into effect. I will send you a copy of the Government letter to the Resident here; and you may get from the agent's office a copy of that sent on the same date to him, though you may not readily find that office under the new arrangements. You will, I think, have a strong case, and I wish you success in it.
Yours affectionately, (Signed) W. H. SLEEMAN.
To Captain Jas. Sleeman.
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