throughout the empire, corresponding in some measure to that which is established in "liberty's cherished isle,” and so organised, that each, as he ascends in rank, should be the legal superintendant of him who is next in station; and all should carry up, in a regular gradation, their power, their responsibility, and the accounts of their procedure, from time to time, to the first magistrate. Such an arrangement would bind together the official characters of the empire, indeed of the whole community; and give the chief governor, continually, a hold of their attachments, and a knowledge of their affairs. It is thus that the various judges would not only form a firm phalanx in support of law, of order, of subordination; but, by their distribution, their character, their influence, entering into the views, and obedient to the wishes of government, would powerfully promote such schemes of amelioration as the latter might adopt.

Upon the body of the common law, as far as it respects matters of civil right and trespass, little alteration, besides what we have already mentioned, and what may be necessary at once to accommodate the system to the new order of things as it arises, and to bend it in subserviency to the progressive improvement of the people, will, it is conceived, require to be made. Upon inspection, the institutes of

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Menu, and that compilation of laws which was executed under the patronage of the late Governor Hastings, are found to contain details, which, though often tediously, and in some instances disgustingly minute, are yet founded, except where the legislator was biassed by the partialities of that unequal policy to which we have so often adverted, upon those great and immutable principles of justice and equity, which the human mind acknowledges and respects, in every age, and in all parts of the world *." Whoever has read "The Comparison betwixt the Jewish and Hindoo Codes," will be at no loss to which the preference should be assigned: but from the latter, inferior as it is to the Mosaic legislation, its due praise should not be withheld upon it indiscriminate censure ought not to be passed.

The regulations which require to be adopted in Indian policy, must not only be in some instances supplemental, but also, in others not less important, corrective. There are arrangements, both of institution and manners, highly

* Dr Robertson, App. Ind. Disq

inimical to their civilisation, which must be rectified or re

trenched.

Of these the most prominent is the institution of casts. Concerning the nature, the antiquity, and the injurious influence of this peculiar feature of Hindoo polity, we have already spoken.

How shall this gigantic enemy of human improvement, this Colossus of Braminical ascendancy, be overthrown?Two methods offer themselves to our choice.

The cast may be abolished by a special legislative provision. But, when we reflect how long this institution has subsisted; how deeply it has wrought itself into the intellectual prejudices and practical habits of the nation; how intimately it is incorporated with the whole system of their policy, sacred and civil; what high privileges it secures to the superior ranks, especially to the priesthood; what a mighty influence they who are thus most interested in its support have upon the minds of the common people, particularly under despotic governments, above all in India; and what a cheerful acquiescence the inferior classes manifest in what they account the allotment of heaven-when we reflect upon these things, it may seem that an immediate and direct abolition would be a perilous measure. Abrupt and

revolutionary in a high degree, it would suddenly shock all their prejudices, dissolve at once the whole fabric of Indian polity, instantaneously convulse the established order of society, and, exciting a mighty commotion, probably ingulph, and dash to pieces in its tremendous vortex, that power who should attempt to direct the mighty movement. More than mortal hand would it require to uphold a government which, amid this vast fluctuation and collision, should appear to have its basis "founded upon the seas, and set upon the floods." As the attempt to overthrow this institution, by any authoritative abolition, may appear to be sufficiently hazardous to deter a wise government from adopting this alternative, so there is some reason to presume, that, although tried with all this risk, it would prove ineffectual. Much of the success of any experiment in political economy must depend upon its accommodation to the customs and manners of the people, or to their modes of thinking. To these every prudent legislator looks as to his most powerful auxiliaries. With these on his side, he may hope to prevail; unassisted, or opposed by them, he can reasonably prognosticate nothing but ultimate disappointment. Such in this case, there is cause to fear, would be the result. The government might observe no distinction among the mem

bers of the different casts in their administration: but does it follow that the people would at once abolish this arrangement in their imaginations, or overlook it in their intercourse? Are not sentiments and habits too delicate, and too subtle, to be changed by the gross application of compulsory statutes? Will the tempers and prejudices of a people obey the legislative fiat; and, like the spirits of the deep marshalled by the rod of the magician, as we read in romance, move obedient to the voice of authority, and arrange themselves as the magistrate directs? Or, can we forget how firmly this institution has withstood, not only the sapping influence of ages, but the shock of successive conquests, and the violence of Mahometan despots?

Hope and fear both forbid us to have recourse to this bolder measure. A system of policy, less splendid and daring, but also less adventurous and direct, seems more eligible. This venerable and well-entrenched fortress must be attacked by slow and silent means. If taken and demolished at all, it must be by siege, not by storm. But to what circumstances may we look for its gradual, yet certain overthrow? Christianity is already operating this effect in a slight degree, by causing some, for the sake of a good conscience, to despise the disgrace and inconveniences con