rity of the authors to be used in the compilation of his work; and although his labour was only applied to the disposition of materials already formed, he was enabled by his previous studies to give them an arrangement superior to any existing, and which the learned natives themselves approved and admired. In the dispensations of Providence, it may be remarked, as an occurrence of no ordinary nature, that the professors of the Braminical faith should so far renounce their reserve and distrust, as to submit to the direction of a native of Europe, for compiling a digest of their own laws. I now present the reader with the correspondence of Sir William Jones, during the remainder of 1788 and the following year, without interruption. The first letter refers to a subject, discussed in a conference between the executive government of Bengal and the judges, on the subject of the police at Calcutta, which required great reformation. The establishment of the supreme court of judicature had superseded the former local jurisdictions at Fort-William, without making sufficient provisions for the police of the town; and the subject discussed at the conference, was that of an application to the legislature of Great Britain for power to establish an efficient police. If the recollection of the writer of these memoirs does not deceive him, Sir William misunderstood the result of the confer ence, and, under this impression, addressed to him the following letter, which strongly marks his attachment to the constitution of his own country, and deserves on this account, as well as for other opinions expressed in it, to be recorded. His suggestions were adopted in the application to parliament, and confirmed by its sanction. Sir WILLIAM JONES to J. SHORE, Esq. Feb. 7, 1788. I avail myself of an hour's leisure, to throw upon paper, a few thoughts on the subject of our late conference, concerning an application to the legislature, for a power of summary conviction and punishment in Calcutta. The concurrence or dissent of an individual, who is not a member of an executive government, ought to have so little weight, that I would not have obtruded my opinion, if it had not been asked : but it would ill become me to concur in an application to parliament, for a power, the granting of which, if I were myself in parliament, I should hold it my duty to oppose. The difficulty of which we all seemed sensible, arises from a supposed necessity of deviating from the spirit and form of English judicature in criminal cases; yet the English form has been approved by the wisdom of a thousand years, and has been found effectual in the great cities of England, for the good order and government of the most high-minded, active, and restless people that exists on earth. I could easily demonstrate, that the criminal code of our nation, is fully sufficient to punish every temporal wrong, and redress every temporal evil, that can injure the public or individuals, and a British tribunal, for punishment of religious offences by Hindus or Mussulmans, would not only be an inquisition of the most extraordinary kind, but would, I am persuaded, be offensive in the beginning, and oppressive in the end, to the natives of both religions. The The question is then reduced to this: is it absolutely necessary to convict and punish offenders in Calcutta without a jury? if it be, we must follow the example of Solon, who enacted such laws as were, though not the best in themselves, yet the best that circumstances would admit. I am not convinced that such a necessity exists, and strongly incline to think it does not. The evil to be remedied is the small number of magistrates; the obvious remedy is to appoint a greater number. If the legislature therefore would give the Governor in council, a power to appoint from six to twelve justices of the peace, those justices would (under the direction of government) appoint subordinate peace officers, whose legal powers are very considerable yet accurately defined; but a superintendant of the police, is an officer unknown to our system, borrowed from a foreign system, or at least suggesting the idea of a foreign constitution, and his powers being dark and undefined, are those which our law most abhors. The justices would hold a session every quarter of a year; without troubling the members of government, who have other avocations; so that in every year there would be six sessions for administering criminal justice; but then comes the great question, how could the juries be supplied without injury to those who should sit on them? Now, without urging that some occasional trouble, and perhaps loss, 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 cases, even in Calcutta; without contending, that if summary convictions be once made palatable, we should gradually lose our relish for the admirable mode of trial, on which our common liberties at home almost wholly depend; without rambling a moment from the point before us, I conceive that three hundred persons, qualified to serve on petty juries, would be far more than sufficient to divide the trouble with convenience to themselves, and benefit to the community. On On the whole, the annual burthen on each individual, especially if a kind of rotation were observed, or even if the chance of a ballot were taken, would be too inconsiderable to weigh a feather against the important object of supporting so excellent a mode of trial. After all, are we sure that the British subjects in Calcutta, would be better pleased than myself with any slur upon the constitutional trial by jury? and as to the natives, besides the policy of allowing them all the beneficial effects of our judicature, (and that a trial by twelve men, instead of 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 some greater public good to compensate the private injustice, than would result, I apprehend, from the power of summary conviction, if it were exercised by men, whose 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 desired than a power in this government, of appointing justices of peace by annual commissions; and these being my sentiments, I rely on your friendship, so long and so constantly manifested, that if it should be thought proper to mention the concurrence of the judges, you will remember that their concur rence was not unanimous. I could easily have said all this and more, but I chose this mode through delicacy and fear of giving pain. Farewell, and as I esteem you, so esteem, dear Sir, Your ever affectionate, &c. Sir Sir WILLIAM JONES to J. SHORE, Esq. Gardens, 1788. I thank you heartily, my dear Sir, for every part of your letter, and for your strings of Oriental gems, both for the Durr and the Shebeh*; the pearls appear with more lustre by the side of the beads. Your quotations from the elegies of Washi are sweetly pathetic ; but I will not detain your servant by more observations. Sacontala, will hardly be finished before I go to my cottage; happy shall I be if your occupations allow you to pass a few days near it. Adieu. Sir WILLIAM JONES to J. SHORE, Esq. Gardens, 1788. The verses are worthy of Catullus, and in his manner; they would appear well in Hendecasyllables. I will think at some leisure moment of giving them a Persian dress according to your hints. I rejoice that you have it in your power to relieve your mind by poetical imagery; it is the true use of the fine arts. I have been reading cases for a judgment on Tuesday, from nine o'clock till past two.-Farewell. Sir WILLIAM JONES to Dr. PATRICK RUSSEL. · I have acted like those libertines who defer repentance till the hour of death, and then find that they have not time to repent. Thus I deferred the pleasure of answering letters till the vacation, but found the term and session so long, that I have scarce any vacation at all. I must therefore write very laconically, thank * An Oriental expression for prose and verse. |