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their concurrence, under the impression that it was unnecessary; of this MILES was ignorant. But all he imputed to Sir John Keane was, error in judgment. The defendant again urged that the letter contained comments upon Sir John Keane as a public man, not reflections upon his private character, and observed that in England, the conduct of public men was daily criticised, without any thought of retaliating by prosecution; and this, he said, was the first instance on record, of an Indian functionary exhibiting himself in a court of justice, in the invidious character of a prosecutor of the press. Both Lord Wm. Bentinck and Sir C. Metcalfe, through whose auspices a free press had been established in India, had been assailed for their public acts, to a much greater extent, and with greater vehemence, than Sir John Keane by MILES, and they had submitted to it in dignified silence. After adverting to the arbitrary nature of the proceeding, by information, which dispensed with the intervention of the grand jury, the defendant called upon the jury to preserve inviolate the inalienable right of free discussion, in respect to the public acts and conduct of their rulers.

Sir John Awdry, in summing up, thought it necessary to inform the jury, with respect to the remark that this mode of proceeding by information had been adopted on account of the advantages which it possessed, that, as the information had been granted solely upon the affidavits which the prosecutor had made, denying the truth of all imputations, no unfair advantage had been taken; and had it been brought before the grand jury, they would have received instructions from the court upon points of law, that would have guided them in finding or throwing out the bill. He observed: "To constitute a libel, malicious intention (which is here denied) is necessary, but a man must be taken to mean what he does. To take a case free from politics-in a civil action, a commercial man, whose reputation had been injured by a report spread by another of his insolvency, proved that he had done so of malice, which was decided by Mr. Justice Bayley, of the King's Bench, to be an intentional doing of wrong. In a common sense, malice means ill-will: but in law it is an intentional doing of a wrongful act, without a reasonable excuse, equally the same in murder or libel, whether you intended to produce an injury or not, provided that such might have been expected from the result. It is the first principle of law that a man intends the obvious meaning of his acts, as has been frequently laid down, I doubt not, in the hearing of many of you, in cases of deciding the difference between murder and manslaughter. If,

taking the whole matter of the paper, the passages placed in evidence with the context, you find the words of the information proved, it will be your duty to find the defendant guilty; if, viewing it as ordinary men, you are of a contrary opinion, you will of course acquit him. It has been advanced in the defence, that the press has been freed in India, and that in England greater licentiousness is indulged in; but what is mischievous in one case, is mischievous in another, and even there we are aware that prosecutions very frequently take place. The publication has not been made unwittingly, as may be gathered from the comments upon MILES' letter, particularly that part which refers to his complaints about the Bombay press." Sir John Awdry here read the remarks in the Gazette of the 9th April, in which it is stated that MILES had never applied to the Gazette to publish the letter which afterwards appeared in the Englishman. The fact of its having been published elsewhere, and the probability that the reason for that letter being refused publication at Bombay arose from an apprehension of its being libellous, coupled with the expression of readiness to hear from the same writer at any time, took away any excuse for its having been published unwittingly. He left the case, however, entirely in the hands of the jury.

The jury retired, and returned in a few moments with a verdict of not guilty.

MISCELLANEOUS.

POONA SANSCRIT COLLEGE.

We have very often adverted to the state in which the Poona Sunscrit College is now placed; and although nearly a year and a half has elapsed since the subject has been under the consideration of Government, we believe neither the principal, nor any other person connected with that institution, knows any thing as yet regarding its future fate. About half the fixed number of students have, in the mean time, quitted their places on the completion of their studies; and the posts of one or two professors, which became vacant by demise and other causes, have remained unoccupied for a considerable period. What are the intentions of Government regarding this-the only public establishment in the Marathee country for the encouragement of native literaturewe do not know; but as no orders have been issued as yet to admit new pupils, or to fill up the places of deceased tutors, the natives of Poona have begun to entertain serious apprehensions and anxiety regarding the ultimate determination of Government.

The whole expense of the college of Poona does not, we believe, exceed

Rs. 14,000 or 15,000 a year; and it may, under a proper management, be considerably reduced, without diminishing its efficiency. This sum bestowed upon the preservation and encouragement of the ancient literature of a country from which the Government derives an annual revenue of upwards of a crore of rupees, is but an act of justice, and despicable would that economy be, which would dictate the withdrawal of such a trifle from a truly laudable purpose, planned by the genius of the high-minded Mr. Elphinstone, who publicly declared in a durbar, as many of the natives of Poona well remember, that the institution should exist as long as the British Government held sway over Hindostan. Indeed, we can hardly believe that a sum, which is not quite equal to the salary of two chaplains or a single assistant collector, can be considered by our present Governor to be of sufficient weight to be withheld from the cause of education, which he has shewn a disposition, both in word and deed, to support and patronize. Nor can we persuade ourselves that he has suffered himself to be infested with the Calcutta mania, of entirely eradicating native languages, literature, and alphabets froin India, though we are fully impressed with a sense of the importance which a mind like his must naturally be prone to attach to the study of English. From the unhesitating manner, however, in which the new plan of the village school system received his sanction, we have a positive testimony that here, at least, it is not intended to exclude the education in native languages; it will moreover be observed that they are constituted the media of business; and, if this be the case, there cannot be the least shadow of reason why the authorities should withdraw their countenance from the cultivation, on a limited scale, of the Sunscrit, the parent, nay, the very life of those languages; for it is clear that, in the absence of its powerful aid, they must convert themselves into barbarous jargons, even inadequate for the communication of vulgar ideas, and the expression of trivial sentiments.-Durpun, Aug. 12.

NATIVE INTESTATES.

A Maratha letter, signed "A Bramin," appears in the Durpun, containing the following statement with reference to native intestates:

"There was an old Bramin at this place (Poona), who, with matted hair, spent many years in devotion and religious mortification, on the banks of the tank near the Purbuttee hill. He having died lately without heir, his property, consisting of books, &c., was taken possession of by the Sircar. This is always the case when a person dies intestate here, and this proceeding is proper for govern

ment, for it is the heir of those who do not leave any. From this an inference can be drawn, that as government lays claim to the property left by a subject without heir, so such of its subjects as have no one to support them, or are, on account of superannuation or other cause, unable to maintain themselves, have a claim for subsistence on government. Whenever a person departs this life, leaving no heir behind him, all his effects are taken to the Sircar, and no portion is given to be appropriated to the funeral ceremonies of the deceased. If, however, government order a part to be appropriated (out of such property) for this purpose, according to the caste of the individual, every one, from the great to the poor, will lie under an obligation to government. What more need be written?"

Ceylon.

It is currently reported here that Sir Robert Wilmot Horton is about to return to England before very long. It is said that his Exc. has tendered his resignation as governor of this colony, to take place in November, 1837; and that Lady and Miss Horton leave Ceylon at the beginning of next year.—Colombo Obs. Aug.19.

The Ceylon Gov. Gazette contains an account, verified on oath, by Serj.-major Conlan, 14th Caffre Company, of an attack by bees. He states that he was employed under Lieut. Thomas, in superintendence of the company, on the road, between Balacadua and Matele, when, in cutting down a tree to improve the road, the men were attacked by tens of thousands of bees, issuing suddenly from the tree: the most extraordinary thing was, that be (the Serj.-major) was the only person whom the bees spared. The bees remained in such numbers in the road, for three-quarters of an hour, that no person could pass. Many of the coolies, as well as the bullocks, are severely injured. There were twenty-two separate hives or excrescences in the tree.

Penang.

From official statements of the Penang trade for the years 1834-35 and 1835-36, it appears that the value of the imports for 1834-35, was Sa. Rs. 4,112,791; and that for 1835-36, Sa. Rs. 4,117,694, exhibiting an excess in favour of the latter year of Sa. Rs. 4,903; that the exports for 1834-35 were Sa. Rs. 4,161,464, and those of 1835-36 Sa. Rs. 4,206,758; an excess in favour of the latter year of Sa. Rs. 45,294. The imports under foreign flags for the official years 1835-36 ars thus particularized. Under the Portuguese flag,

Sa. Rs. 200,133; French, Sa. Rs. 21,062; American, Sa. Rs. 3,920; Danish, Sa. Rs. 7,658; making a total of Sa. Rs. 232,773. The exports during the same period under the Portuguese flag were Sa. Rs. 383,991; and under that of the French, Sc. Rs. 6,000; making an aggregate amount of Sa. Rs. 389,991. The quantity of specie imported between the 1st of May 1835 and the 30th April 1836, is valued at Sa. Rs. 964,500, and the quantity exported in the same time at Sa. Rs. 825,295.

Singapore.

PIRACY.

Captain Chads is either more fortunate, or more vigilant- or probably both together than any other naval officer whom we have yet seen employed in quelling the pirates of these seas and coasts; and his last encounter with these marauders is not the least signal among his successes in that department. This took place near Tanjong Jatti, a point of land on a small island off the south-east coast of Sumatra, where, early in the morning of the 1st inst., the Andromache's boats, four in number, accompanied by two Government gunboats, fell in with a force of six piratical prahus, formidably manned and armed, and led on by Panglima Awang, a person of more than common predatory celebrity in this neighbourhood. The morning twilight at first prevented the pirates from ascertaining the true quality of their antagonists, whom it is supposed they mistook for trading prahus, until they came within a distance that rendered their better knowledge useless, and disclosed plainly enough with whom they had to contend. The boats were then at such close quarters with the pirates, that the latter commenced operations by a discharge of spears as well a sfire-arms. This was met by a quick and effectual reply, which was continued with such vigour that the piratical force was, in a very short time, almost totally destroyed, above an hundred men being killed, and all their boats taken and burnt, as usual. This is the only occasion of the kind in which the casualties on our side have been of any moment-one life having been lost, and several men wounded, by the blowing up of one of the pirate vessels. This was occasioned by the desperate act of Panglima Awang, who being severely wounded, and seeing all hope of escape lost, set fire to the powder on board his vessel, with intent to blow all up. This man was not, as seems to be supposed, the Incby Awang who, some time ago, cut off, under circumstances of particular atrocity, a native vessel in the neighbourhood. Inchy Awang is a Malay, while the Panglima Awang who has been destroyed, is by

birth a Chino-Malayan, and was born at Bintang, his father being a native of China, who became a Mahomedan, and his mother a Malay. His history is well known to several Chinese merchants of this place.— Free Press, Aug. 11.

Siam.

Our intelligence from this country, by the Sarah, extends up to the 30th ult. The war with Cochin China languished, and no active hostilities were then going forward. The two chief generals of the Siamese-one of whom led an army to the frontiers of Cochin China by the northern or Cambodia side, and the other by Kankao-had both returned to the capital without earning many laurels, but having gathered the more welcome and substantial harvest of booty: the share of one of them having amounted to about 80 piculs of ivory, 25 catties of gold, and about 35 piculs of cardamums, which our correspondent says "he found in Cambodia;" the other had less to boast of in that department. It had pleased his Siamese Majesty to get lately very angry with two of his first-rate Mandarins-one of them the most opulent man in Siam, formerly in high favour at court, and much liked by all classes of the inhabitants; the other the second minister for foreign affairs, but in no great esteem among the people.They were both dragged out of the royal presence by the hair of the head, loaded with irons of triple the usual weight, chained round the waist, and their legs cased in a pair of enormous stocks, which, by the contrivance of a peg driven in between the limb and its case, is turned into an instrument of torture; an ordeal which the minister for foreign affairs was repeatedly made to undergo. Their crime is having this year allowed-though in compliance with his Majesty's own orderstoo great an export of rice to China; but the alleged cause of their punishment is very wisely not revealed to them, so that, in all probability, a review of their past conduct supplies to their mind some juster motive for the royal wrath than that which is the cause of their suffering!—an excellent device of despotism, to make the sovereign never wrong, though sometimes, it may be, too severe, in the infliction of punishments! Fort-building was proceeding at a great rate in the interior and in various other directions. The king had sent 40,000 ticals to construct a fort at Sangora. The general Kalahom was to proceed to Chantaboon after the rainy season was over, but whether to make war or to make ships was not ascertained. The new barque, which has been named the Royal Adeliade (a compliment which the Queen of England ought at least to acknowledge), built by the Prince Chou

Heh, had put out to sea with his Highness on board, on an experimental trip. She is said to look pretty well, but built with too scant a hold, and it is thought her This is guns will make her top-heavy. the first attempt at ship-building, after European models, witnessed at Siam.Singapore F. P. Aug. 25.

China.

Decree To forbid Christianity with rigour, to seize foreign books, and to correct the human heart, and maintain good order.

The Treasurer Gon, and the Superior Judge Vam, of the province of Canton :

By Imperial Commission, we make known to the public, that, at different times, Europeans having penetrated into the interior of the empire, to preach Christianity, secretly to print books, to call together meetings, and to deceive a number of persons, several Chinese then became Christians, and afterwards preached. But, the fact once known, those who were the principals were immediately executed, and their adherents received afterwards their sentence in prison, and those who would not retract, were sent into banishment to the city of the Mahometans, and condemned to serve as slaves. Thus, in the fiftieth year of Keen Lung, the three Europeans Lo-Matam, Gai-Keen-San, Po- BinLuon, secretly penetrated into the interior of the kingdom to preach; and in the twentieth year of Kea-king the two Europeans, Lam-you-van, and Nicolam, also secretly entered into the einpire for the same purpose. But they were all taken at different periods, and condemned to death or driven away. Thus, then, as the Christians have always been prosecuted and condemned, the religion has since these executions been happily abolished.

But

in the spring of the last year, some English ships in disguise have passed along the coast of China and have distributed some European books, and as these books exhort to believe and to venerate the chief of that religion, named Jesus, it appears that this religion is the same as the Christian religion, which has been persecuted at different times, and banished with all rigour.

The Europeans for the most part dwell at Macao: already a deputy has gone thither, and has seized a certain person named Kine-a-Hi, who was employed to engrave books. The deputy has also seized eight European books, which he bas laid before this tribunal. Already we have made a report to the Emperor, and we have warned all the government officers of the second order, that if there is any one who has any Christian books, if he does not wish to be seized, he ought in the

space of six months to deliver them up to the officers of the respective district; but if he continues to retain them, he will be severely punished.

To spread the Christian religion of Europe, is to deceive the people; that religion is in fact the ruin of morals and of the human heart, and it is on that account that at all times it has been prohibited, and, according to the instructions that our ancestors have transmitted to us, the past is the rule of the future.

The ignorant people are easy to allow themselves to be deceived, and difficult to instruct it is necessary to contend against the superstition with force. If any one departs from his duty to embrace the superstition, whether by interest or credulity, and enters into this sect, prints books and distributes them, at the moment in which he will not expect it, he will be discovered, and will not be able to escape punishment. To sin by ignorance is a fault worthy of compassion; we have not any intention to punish without firstly enquiring; it is on that account that we exhort every one to amend. Not contented with having instructed the officers, we publish this edict, in order that all the officers of justice may be informed by it. Every one of you has talents-every one has his family. You ought to read useful books, you ought to employ yourself in proper business. Why will you believe fables void of foundation, which only destroy the human heart? Why do you seek vile gain, and thus procure your destruction?

We appoint the term of six months, to commence from the present, to give up the books and thus to avoid punishment. You have not yet advanced far in the road of error. He who shall of his own accord present himself, will be well received. Instantly, then, recollect yourselves, repent and amend, for fear lest the hour may come in which there will not be any remedy. If, on the contrary, after the time is expired, you continue to preach and to profess that religion, you will be prosecuted and judged with rigour. Should we allow error to spead itself in these times of felicity?

You who enjoy peace, you ought to publish truth and destroy error-to avoid sects, and to follow the religion of the kings our ancestors, so that peace and virtue shall flourish; and that you may be good subjects in these happy times, is what we much wish.

Taou-Kwang, 16th Year, 29th Day, 4th Moon.-Canton Press, June 18.

Persia.

The roads from the capital to the southern provinces, which, during the last two or three years of civil war, have been

subject to the depredations of a bandit, called Wully Khan, and were, consequently, closed for commercial purposes, have been placed in security by the capture of his stronghold, and the destruction of himself and his followers. The following extract of a letter from Col. Shee, Col. Passmore's successor in the command of the British force in Persia, contains a short account of the circumstances connected with the transaction:-

"We have just succeeded in capturing the fort of Gul and Gulaup, with the Shirauz force, under the command of Ferooz Mirza. On the 5th inst. we encamped within eight miles of the fort, and I was sent to reconnoitre. I found the place completely invested by Ismail Khan Sirteep, under whom there were about 1000 Tophanchees of the Mohomed Sennee tribe, together with 1200 Arabs and Bossairee Tophanchees of Fars. The fort is almost inaccessible, being composed of three rocky hills, rising perpendicularly from 300 to 600 feet above the plain. On the morning of the 9th, after guards were placed, and a strong party of Sirbauz and Tophanchees had entrenched themselves on the opposite side of the river, which commanded the hill, Ismail Khan determined to hazard an escalade, which was completely successful, and at noon, the fortress was in our possession. Little or no resistance was made, owing to the heavy fire that was kept up from the party on the opposite side of the river. This affair

had the good effect of alarming the inhabitants of Gulaub, whose Riese showed a wish to treat; but Bauker Khan still held resolutely out. On the 10th I left camp with 300 Sirbauz. On my arrival, I strengthened the guards round the forts, and at day-break Khoja Hoossain sent a message to say that if I would insure his life and property he would come down and treat. I immediately wrote a promise of protection, and he arrived. It was then arranged that he should admit 200 Tophanchees into Gulaub, which was effected with the greatest difficulty before midnight. The next day, the guards were strengthened and every preparation was made to escalade the fort of Gul at day break; when at 2 P. M. the heavy firing of the guards announced the attempt of the rebels to escape, and shortly after I received the report of Bauker Khan's capture. The scene that ensued can only be imagined. The fort was immediately ascended by the whole of the Sirbauz and Zoors, and the women precipitated themselves from the rock, rather than fall into the hands of the troops, and surprising to say, most of them escaped without serious injury. Of nearly 200 women and children, only twenty-one were killed by the fall; all the rest have been collected and taken great care of. The fort of Gul was provisioned for two years. The fort of Gulaub was respected, and neither the property nor the families have suffered the slightest injury or insult.”Bomb. Cour. Aug. 30.

POSTSCRIPT TO ASIATIC INTELLIGENCE.

THE Canton Press, of July 9th, contains a very important document,-a memorial from the Vice-President of the Sacrificial Court, at Pekin, to the Emperor, proposing to legalize the importation of opium, and to impose a duty thereon. The minister observes, that the more severe the interdict, the more extensive has been the consumption of the drug; that the habit of using it having become inveterate, will be indulged in at all hazards; that even if the foreign trade were interdicted altogether, which would be a serious loss to China, the evil would not be extinguished, for "the Barbarian ships on the high seas can make to any island or port they please, where the native craft can meet them;" and that the attempt to check the introduction of opium has led to systematic bribery and wholesale murder. He proposes, therefore, that opium should be allowed to be introduced, to pay duty as medicine, and after it has passed the Custom-house, only to be bartered for other cargo, and not to be sold for money: "and when the Barbarians find that the duties on it are less than what is expended in bribes, they must be delighted at it."

Asiat.Journ.N.S. VOL. 22, No.86.

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The Singapore Free Press of September the 8th, contains a still more important document, namely, the Emperor's reply :—

"On the 29th day of the 4th moon of the year Taoukwang (12th June 1836.)

"In the Memorial of Hew, Minister of

the Imperial Privy Council, it is set forth, that opium, the more it has been prohibited, the more has the poison propagated. been bold enough to purchase it openly In these last few years, indeed, nobody has from the foreigners in exchange for goods, but privately it has been bought in large quantities with silver, occasioning an annual loss to the empire of more than ten millions of taels. The Memorialist therefore prays that the article may be taken in dize, &c. We, therefore, order that the exchange for all goods like other merchanViceroy of Canton do assemble his council to deliberate upon this subject, and to report to us the result.”

The proposed measure, it is said, has occasioned a good deal of excitement among the foreign merchants of Canton.

(P)

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