DOI Page / Citation link:
https://doi.org/10.11588/diglit.34367#0077
A.D. 1793.]
REGULATION III.
19
A.D. 1793. REGULATION III. R^g.m. 1793.
A REGULATION jG?' C,rA72 2/27727 22722/ 2/^72 272^ /Ad j227'M2/2C/22)72 o/* /Ag 67)227'^ o/
Dc22'2272722/ 07' Uo727^.S' o/* J222/2C22/227'C /07' ^A<9 YV'/o/ o/ U/v// ^222/A'
272 2*Ac yO'.S'^ 772.S'^22CO, 272 /Ad ^dr2?7'22/ ^z/^Av, 22722/ 272 /Ad 0%263 o/
^22/7222, DOCCO, 22722/ d72707'.S'Ad2/22A222/.' PASSED A?/ /Ad G'02'd7'72227'-Gd72d7Y2/ 272
(702272C2J 072 /Ad D/ A^02/, 1793.
1. THE many valuable privileges and immunities which have been con-
ferred upon the natives of these provinces evince the solicitude of the
British Government to promote their welfare, and must satisfy them that
the Regulations which may be adopted tor the internal government of the
country will be calculated to preserve to them the laws of the Shaster and
the Koran in matters to which they have been invariably applied, to
protect them in the free exercise of their religion, and to afford security to
their persons and property. The benefit, however, which they would
derive solely from Regulations enacted for the above purposes would be
but partial, unless the judicial establishments for dispensing those Regula-
tions are framed upon principles which will render them the means of
protecting private rights and property, under the changes and temporary
derangements to which all forms of government must occasionally be
liable. To ensure, therefore, to the people of this country, as far as is
practicable, the uninterrupted enjoyment of the inestimable benefit of good
laws duly administered, Government has determined to divest itself of the
power of interfering in the administration of the laws and Regulations in
the hrst instance, reserving only, as a court of appeal or review, the
decision of certain cases in the last resort; and to lodge its judicial authority
in courts of justice, the judges of which shall not only be bound by the
most solemn oaths to dispense the laws and Regulations impartially, but
be so circumstanced as to have no plea for not discharging their high and
important trusts with diligence and uprightness. They have resolved that
the authority of the laws and Regulations so lodged in the courts shall
extend not only to all suits between native individuals, but that the officers
of Government employed in the collection of the revenue, the provision of
the Company's investment, and ail other financial or commercial concerns
of the public, shall be amenable to the courts for acts done in their
ofhcial capacity in opposition to the Regulations: and that Government
itself, in superintending these various branches of the resources of the
state, may be precluded from injuring private property, they have deter-
mined to submit the claims and interests of the public in such matters, to
be decided by the courts of justice according to the Regulations, in the same
manner as suits between individuals. To deprive the judges of the courts of
the power of delaying or denying justice, the Governor-General in Council
has determined to frame the constitution of the courts upon such prin-
ciples as will enable every individual, by the mere observance of certain
forms, to command at all times the exercise of the judicial power of the
state thus lodged in the courts, for the redress of any injury which he may
have sustained in his person or property. A system for the administration
of the laws and Regulations so constituted, will contain an active principle
D 2
REGULATION III.
19
A.D. 1793. REGULATION III. R^g.m. 1793.
A REGULATION jG?' C,rA72 2/27727 22722/ 2/^72 272^ /Ad j227'M2/2C/22)72 o/* /Ag 67)227'^ o/
Dc22'2272722/ 07' Uo727^.S' o/* J222/2C22/227'C /07' ^A<9 YV'/o/ o/ U/v// ^222/A'
272 2*Ac yO'.S'^ 772.S'^22CO, 272 /Ad ^dr2?7'22/ ^z/^Av, 22722/ 272 /Ad 0%263 o/
^22/7222, DOCCO, 22722/ d72707'.S'Ad2/22A222/.' PASSED A?/ /Ad G'02'd7'72227'-Gd72d7Y2/ 272
(702272C2J 072 /Ad D/ A^02/, 1793.
1. THE many valuable privileges and immunities which have been con-
ferred upon the natives of these provinces evince the solicitude of the
British Government to promote their welfare, and must satisfy them that
the Regulations which may be adopted tor the internal government of the
country will be calculated to preserve to them the laws of the Shaster and
the Koran in matters to which they have been invariably applied, to
protect them in the free exercise of their religion, and to afford security to
their persons and property. The benefit, however, which they would
derive solely from Regulations enacted for the above purposes would be
but partial, unless the judicial establishments for dispensing those Regula-
tions are framed upon principles which will render them the means of
protecting private rights and property, under the changes and temporary
derangements to which all forms of government must occasionally be
liable. To ensure, therefore, to the people of this country, as far as is
practicable, the uninterrupted enjoyment of the inestimable benefit of good
laws duly administered, Government has determined to divest itself of the
power of interfering in the administration of the laws and Regulations in
the hrst instance, reserving only, as a court of appeal or review, the
decision of certain cases in the last resort; and to lodge its judicial authority
in courts of justice, the judges of which shall not only be bound by the
most solemn oaths to dispense the laws and Regulations impartially, but
be so circumstanced as to have no plea for not discharging their high and
important trusts with diligence and uprightness. They have resolved that
the authority of the laws and Regulations so lodged in the courts shall
extend not only to all suits between native individuals, but that the officers
of Government employed in the collection of the revenue, the provision of
the Company's investment, and ail other financial or commercial concerns
of the public, shall be amenable to the courts for acts done in their
ofhcial capacity in opposition to the Regulations: and that Government
itself, in superintending these various branches of the resources of the
state, may be precluded from injuring private property, they have deter-
mined to submit the claims and interests of the public in such matters, to
be decided by the courts of justice according to the Regulations, in the same
manner as suits between individuals. To deprive the judges of the courts of
the power of delaying or denying justice, the Governor-General in Council
has determined to frame the constitution of the courts upon such prin-
ciples as will enable every individual, by the mere observance of certain
forms, to command at all times the exercise of the judicial power of the
state thus lodged in the courts, for the redress of any injury which he may
have sustained in his person or property. A system for the administration
of the laws and Regulations so constituted, will contain an active principle
D 2