The question is then reduced to this: is it abfolutely neceffary to convict and punish offenders in Calcutta without a jury? if it be, we must follow the example of Solon, who enacted fuch laws as were, though not the best in themselves, yet the best that circumftances would admit. I am not convinced that fuch a neceffity exifts, and strongly incline to think it does not. The evil to be remedied is the fmall number of magiftrates; the obvious remedy is to appoint a greater number. If the legislature therefore would give the Governor in council, a power to appoint from fix to twelve justices of the peace, thofe juftices would (under the direction of government) appoint fubordinate peace officers, whofe legal powers are very confiderable yet accurately defined; but a fuperintendant of the police, is an officer unknown to our fyftem, borrowed from a foreign system, or at least fuggefting the idea of a foreign conftitution, and his powers being dark and undefined, are those which our law most abhors. The juftices would hold a feffion every

quarter of a a year;

without troubling the

members of government, who have other avocations; so that in every year there would be fix feffions for adminiftering criminal juftice; but then comes the great question, how could the juries be fupplied without injury to those who fhould fit on them? Now, without urging that fome occafional trouble, and perhaps lofs, are the fine which Englishmen pay for their freedom; without intimating that but a few years ago, an application to parliament was made, among other objects, for a trial by jury in all cafes, even in Calcutta ; without contending, that if fummary convictions be once made palatable, we should gradually lofe our relish for the admirable mode of trial, on which our common liberties at home almoft wholly depend; without rambling a moment from the point before us, I conceive that three hundred perfons qualified to serve on petty juries, would be far more than fufficient to divide the trouble with convenience to themselves, and benefit to the community.

i

On the whole, the annual burthen on each individual, especially if a kind of rotation were obferved, or even if the chance of a ballot were taken, would be too inconfiderable to weigh a feather against the important object of supporting fo excellent a mode of trial.. T

After all, are we fure that the British fubjects in Calcutta, would be better pleased than myself with any flur upon the conftitutional trial by jury? and as to the natives, befides the policy of allowing them all the beneficial effects of our judicature, (and that a trial by twelve men, instead of one, with a power of exceptions is a benefit, must be granted by all,) I rather think that the inhabitants of a British town, owing local allegiance, are entitled to the local advantage of being tried by a British form. In all events, if it be a benefit, they ought not to be deprived of it without fome greater publie good to compensate the private injustice, than would refult, I apprehend, from the power of summary conviction, if it were exercised

by men, whofe monthly gains would depend on the number of complaints made, and of fines levied.

I am confident therefore, after mature deliberation, that nothing more is to be defired than a power in this government, of appointing juftices of peace by annual commiffions; and thefe being my fentiments, I rely on your friendship, so long and fo constantly manifested, that if it should be thought proper to mention the concurrence of the judges, you will remember that their concurrence was not unanimous.

I could easily have said all this and more, but I chofe this mode through delicacy and fear of giving pain. Farewell, and as I esteem you, fo esteem, dear Sir,

Your ever affectionate, &c.

Sir William Jones to J. Shore, Efq.

Gardens, 1788.

I thank you heartily, my dear Sir, for of your letter, and for your strings of Oriental gems, both for the Durr and the

every part

Shebeb*; the pearls appear with more luftre by, the fide of the beads.

Your quotations from the elegies of Washi are fweetly pathetic; but I will not detain your fervant by more obfervations. Sacontala, will hardly be finished before I go to my cottage; happy fhall I be if your occupations allow you to pass a few days near it. Adieu.

Sir William Jones to J. Shore, Efq.

Gardens, 1788.

The verses are worthy of Catullus, and in his manner; they would appear well in Hendecafyllables. I will think at fome leifure moment of giving them a Perfian drefs according to your hints. I rejoice that you have it in your power to relieve your mind by poetical imagery; it is the true ufe of the fine arts.

I have been reading cafes for a judgment on Tuesday, from nine o'clock till paft two. -Farewell.

* An Oriental expression for prose and verse.