civil, they must form part of our system, not breaks and blots in it. Our political difficulties and inconsistencies have principally arisen from our recognising in theory nothing intermediate between independent states and simple subjects.

Policy in acquiring.

These objects provided for, we come to those states of which the lapse is desirable. They may revert to the imperial power-first, when our stipulations with them admit of our assuming the direct management of the territory; second, when heirs fail; third, when through disorder and mismanagement they become nuisances to the empire, and must be occupied in self-defence. I would add that when the misgovernment and wretchedness of their subjects reaches an extreme pitch we are under a moral obligation to rescue the people; but some persons may question that doctrine, considering respect to the assumed rights of princes more binding than our duty to the peasants over whom we have acquired an imperial dominion, and whose fate is in our hands.

On the first-mentioned ground we have it in our power to take possession of much-misgoverned Oude; it is one of the richest countries in India and the most conveniently situated, and is already in our military possession. It would be a very great addition to our finances (always supposing that it is not managed in Bombay fashion, and that most absurdly extravagant pensions are not assigned to everybody); while the people would benefit immensely, and would be delighted by the change. I cannot conceive upon what ground we hesitate to take this step. A jagheer might, without detriment, be left in the hands of a considerable and meritorious person as an asylum for discontented Mahommedans.

Gwalior might have already lapsed for want of heirs, and the measure would have been most profitable and

beneficial, but it has been re-established under arrangements which, by the way, expire this year. I suppose that we must now continue them, and wait the chance of another failure of heirs. In the diagram of India (see title-page) I have shown by a dotted line the position of the Gwalior territory.

The Nizam's territory might be occupied on the third ground, being seriously dangerous to the peace of the empire, but probably would not be profitable in the first instance, as we must entertain his disorderly troops. We might, however, thus more effectually take measures for reducing them, or rendering them effective regulars in our service. I do not know enough of the territory to judge whether we could assume the direct civil management with financial safety. Mysore, established by us, reverted into our hands on account of mismanagement, and, since it is administered by us, it is useless and absurd longer to keep up the name and the expense of the raja; it should be finally incorporated in our territory.

The rules of

succession.

Connected with failure of heirs is the old question of adoption. There is no LAW whatever applicable to this case, and that which it was attempted to apply to it was simply the law relating to private and personal property. Wills seem to have been unknown to the Hindoos, but they have the power, in default of natural heirs (whom they cannot deprive), of adopting during their lives heirs to their property, and that is, in fact, their mode of making a will. We might as well argue that an English sovereign can, by will, leave his crown as a legacy, as apply this law of private property to the succession to native principalities, which is in no other respect regulated by the laws of property. The same principle would lead to the equal division of inheritances. In regard to most

The word for a will in Hindostanee is now borrowed from the Arabic.

native states no regular system of succession has been established, because for a long time past might had always made right, and the great majority of these states are of too recent origin to have established any practice in the more regular times of the Mahommedan empire. The Mahommedan emperors in their day retained to themselves the right of granting investiture to feudatory princes, and none had a valid title without that imperial sanction; but as they only maintained Hindoo states as matter of policy, although the direct line of the chief might fail the policy remained, and another member of a clan doubtless frequently received investiture. We must act on the same principles as they, and assert the imperial right to regulate successions. Lineal hereditary succession has been generally recognized, but even this rule is not uniform; an unfit eldest son is often set aside. After late decisions it cannot again be contended that any feudatory of the empire has a right to adopt an heir without the imperial sanction; but when heirs fail in those states which it is our policy to maintain, we shall not the less grant investiture to a new chief, approved by the clan and by ourselves.

In future the question will be, not "is there a right to adopt or not?" but, "is the state one to be maintained. or not?" "has it been hitherto respected merely to keep faith with a single individual or family, or is it a really native and clannish government, and a territory which it is not desirable that we should directly possess?" In the one case, we shall take advantage of lapses; in the other, we shall grant new investitures. By profitable lapses our finances will be much benefited, the loss entailed by unprofitable ones we shall avoid.

--

As heirs of entail to all lapsed estates we shall admit no power of the former possessors to mortgage the public revenue for their debts.

CHAPTER IV.

THE CIVIL ADMINISTRATION.

Present state; necessary amendments; relation of government to its subjects; necessity of codification and systematization; agrarian code and policy; duties of new Law Commission; penal code; criminal procedure and police; civil procedure; the civil law; commercial code; abolition of local and personal distinctions; judicial establishments; proposed College of Justice; separation of executive and judicial functions; heads of executive departments; local district executive; union of execu tive power in same hands; size, establishment, &c., of districts; municipalities and proposed octroi; location of stations; language of business; mode of centralisation; relation of the government to its servants; personnel of the service; real nature of question covenanted or uncovenanted; necessity of a line between European and native offices; employment of natives; European service, comparative cheapness and advantage of; question of profession or no profession; the uncovenanted European servants; proposed opening of important offices to persons not in the service; civil employment of military officers.

I HAD intended separately to notice the measures which I believe to be required in each of the great departments of the civil administration; but I find that neither time nor space will permit of my now doing so―and perhaps detailed professional schemes may with advantage be postponed till the form of the future government is determined, the more as we shall shortly have additional evidence and information on these subjects.

I shall content myself then with generally indicating the objects to which it seems to me that the labours of Government must be directed, and the nature of the machinery required, reserving further details and plans for a more convenient season. It may, however, be necessary to discuss at some length the personnel of the

government service, as involving questions which must now be determined by law.

The Indian civil administration is in some respects excellent. The efficiency of the executive Present state. is considerable, and very superior to much of what we see under free institutions. The purity of its higher departments is admirable, and in comparison to any indigenous administration in any country, and under any form of government in the world, most striking. Nowhere are the acts of the Government and of its superior servants determined, or are the offices of government filled, with so small an intermixture of personal or class influence, or so honestly and sincerely with a view to the good of the people governed. This, then, is an advantage which we must not at any time forget, or in any way risk.

Great purity.

But still the executive is not in all things, positively speaking, so efficient as it ought to be and might be under a government which combines the advantages, usually almost incompatible, of a concentration of absolute power on the one hand and purity on the other. The checks, inconsequences, and want of sufficient Drawbacks to centralisation, properly incident only to efficiency. popular elective and federal governments, have been in some degree suffered to interfere with the action of a vigorous absolutism. The English rulers of the East seem to be hampered with a sort of arrière pensée-a feeling that they are not quite free to act according to their own good judgmentthat they are bound to some degree of English conservatism, and responsible to the outcry of individuals in measures for the benefit of the mass. Our position as foreigners ruling a country in all things so strange to us has also very much interfered with our efficiency. The great division of authority-some very important