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dor, at the principal mosque in the city of Hydrabad.

His late highness is succeeded by his eldest son, Mirza Secunder Jah. Minute guns were fired at all the principal stations, in testimony of the respect due to the memory of his late highness the Nizam.

Accession of his Highness Secundur

Jah, to the Musnud.

On the morning of the 7th inst. at the time appointed for the ceremony of his highness's accession, major Kirkpatrick, the British resident at Hydrabad, and all the principal officers and persons of distinction at the court of Hydrabad, proceeded to the palace of his highness Secunder Jah, where the British resident and his attendants were received by his highness with every mark of attachment, honour, and respect.

His highness then proceeded, accompanied by the resident, to the public hall of audience, where his highness, conducted by major Kirkpatrick, as the representative of the British government, and by rajah Ragotim Row as the deputy of the prince minister of the state, ascended the musnud.

The resident having publicly acknowledged his highness Secunder Jah as Souhbadar of the Deccan, the gentlemen of the resident's family, and the officer commanding the British troops at Hydrabad, made the usual presents of ceremony to bis highness. After which all the officers of state, and persons of distinction who were in attendance, also made their presents of ceremony to his highness. On the conclusion of this ceremony, his highness Secunder Jah delivered to the British resident, a written instrument under his highness's scal and signature, containing a

formal recognition of all the treaties and engagements which subsisted between his late highness the nizam, and the British government.

On the evening of the same day, royal salutes were fired from the fort of Golcondah, and from the walls of the city of Hydrabad, and at the residence of the British representative.

On the 8th inst. his highness's younger brothers, the princes Feredoon Jah, Jehandar Jah, and Akber Jah, waited on his highness, and made their presents of ceremony on the occasion of his highness's accession.

Letters were dispatched to the armies on the frontier, notifying the decease of his highiness the nizam, and the accession of his eldest son Secunder Jah to the musnud, and a proclamation to the same effect was published in the city of Hydrabad, and was ordered to be made public at the principal places within his highness's dominions.

The public rejoicings, usual on similar occasions, have been postponed until the expiration of the period of mourning for the decease of his late highness, Nizam Ali Khawn.

Royal salutes and three vollies of musquetry were fired from the ramparts of Fort William, and at all the principal military stations, in honour of the accession of his highness Secunder Jah, to the musnud of the Soubahdarry of the Deccan.

Sinking Fund.

Fort William, August 18. The public is hereby informed, that the sum expected to be applicable to the redemption of the public debt by the commissioners

of

of the sinking fund, in the month of September, is sicca rupees, 400,000; of this sum, current rupees 80,000, or sicca rupees 60,905, will be applied to the discharge of the bonds and notes of the general register, from No. 3,741 to 3,750 both inclusive, on Monday the 5th of September, on which date the interest thereon will cease. The remainder will be applied by the commissioners in the purchase of the bonds and notes of this government, bearing an interest of 6 and 8 per cent. per annum, on tenders being made to them in the usual manner.

COMPANY'S PAPER.

August 2, 1803.

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BOMBAY

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the Grand Jury.

Gentlemen of the grand jury.

The most common and the most necessary duty of a judge in addressing a grand jury, may, on this occasion, be very easily and 8 do. shortly performed. The calendar which I hold in my hand, contains no charge of any crime with respect to which you can need any legal instruction from me. There is indeed one case of the deepest guilt, but not likely to present any legal difficulties to your minds. You perfectly know that wherever there is intentional killing without any of those circumstances, which the law allows either to justify or to mitigate such an act, there, the crime of murder is complete.

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The legal difficulty of such cases therefore, generally arises in the enquiry whether any of those circircumstances

cumstances are present which either justify the act altogether, or at least reduce it to a much lower degree of guilt, and I am not aware that any such enquiry will now be necessary.

But there is another offence, of which indeed I see no example in the calendar, that is likely to be prevalent in a port of such extensive trade as Bombay, and, as I am informed, has on former occasions, prevailed to a most alarming extent, rendered still more alarming by the doubts which were entertained whether it were legally punishable. I mean the crime of attempting to set fire to ships, where the attempt has been unsuccessful, where it has been defeated either by unfortunate accident or by the timely interposition of the well disposed. In an offence so atrocious and dangerous, so malignant in its own nature, and so extensively mischievous, in all its direct and indirect consequences, I deem it my duty to put an end to these doubts, and to make the law on this subject publicly known.

By the stat. 33 G. III. chap. 67. sec. 3. (made perpetual by 41 G. III. chap. 19)" any person or persons, "who shall wilfully and malici

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ously burn or set fire to any ship, "keel, or any vessel---shall be "adjudged guilty of felony, with "out benefit of clergy." Now the words set fire to have not yet received any construction from a determination of the judges. But the same words in the description of the very similar offence of Arson (the burning of houses) have been repeatedly determined by all the judges of England, to be applicable to every case, where any part, however small, of the house was actually burnt---In the same manner, I now inform you, that where

ever any part, however small, of the ship, is actually burnt, the capital felony of "setting fire to a ship" is complete. And even if the incendiaries be stopt before the actual consumption of any part of the vessel which is not often probable, the law is not, in that case, without the means of punishment for those who as far as depended on them, have consummated their guilt. For since the case of the king against Higgins, which is reported in the second volume of Mr. East's Terms Reports, and which I myself heard argued on the part of the prisoner, with extraordinary ability, by my most ingenious friend Mr. Scarlett, it can no longer be doubted, that every attempt to commit a felony is a misdemeanour. Now as the burning a ship is made a felony by the statutes which I have quoted, it necessarily follows that every attempt to burn a ship is by the law of England, indictable as a misde

meanour.

And here, gentlemen, I might close my address. But on this first occasion of speaking to you, I cannot forbear from making some observations on other subjects, which though not immediately connected with any single law or any single crime, are nevertheless of the utmost importance to the general

administration of justice; English judges have at all times spoken to grand juries, and through them to the public, in that tone of friendly (allow me to say) of paternal admonition which is not unbecoming the judicial character. On my arrival here I conceived it to be my first duty to collect some information about the character and morality of the people, the degree and kind of vice prevalent in the little community entrusted to my

care.

care.

And just as a physician would first examine the books of an hospital, so I first looked into the records of this court, which though narrow and liable to some exceptions that I shall afterwards mention, have at least the advantage of being, as far as they go, authentic.

Since the institution of this court in the year 1798, I observe that 64 persons have been tried for various felonies; of whom 33 have been convicted, 31 acquitted, and 9 have suffered capital punishment. If I were to estimate the morality of this community from our records alone, I should not form a very unfavourable opinion of it. For in that part of the British dominions in Europe were capital punishment is much the least frequent, I mean in Scotland, we know from the authority of Mr. Hume, professor of law at Edinburgh, that on an average of thirty years, six had annually suffered death out of a population which is probably not far from eighteen hundred thousand. If this state of things be compared with the situation of Bombay, where there have been three capital punishments every two years, out of a population of 150,000, the result of no doubt, considerably against this island. But the comparison be tween a large seaport town, as this island may be called, and an extensive country is not fair. A more equitable comparison furnishes a more favourable result. The same author (Mr. Hume) tells us that the city of Edinburgh which with its ports and suburbs cannot contain a population much above 100,000 has, on an average of twelve years, furnished three executions every two years. I be lieve I may venture to say, without

any fear of contradiction, that it is fortunate and honourable for a people to find its morality nearly approaching to that of the inhabitauts of Edinburgh. But I fear we cannot make so favourable an inference from our criminal records. Here they are not so exact a criterion of the prevailing moral diseases as they would be in most countries.

The difference of manners and language, and perhaps the hostile prejudices of many of the natives, render the detection of crimes, and increase the chances of total concealment in a proportion which we cannot exactly calculate, but which we know to be very great; much of what passes among the lowest natives must be involved in a darkness impenetrable to the eyes of the most vigilant police, after the existence of a crime is ascertained the same obstacles stand in the way of identifying the criminal, and even after he is perfectly known, our local situation, which is that of a large town in a small territory, is that which an experienced offender would select for the opportunity of concealment and the facility of escape; and such is the unfortunate prevalence of the crime of perjury that the hope of impunity is not extinguished by the apprehension of the delinquent, if to this you add the supine acquiescence of many English inhabitants in the peculations of their domestic servants, which, from an opinion of the rooted depravity of the natives, we seem to look upon as if their vices were immutable and inflexible, like the laws of nature, and if you add also those summary chastisements, which are, in my opinion, almost always useless, as examples you will not wonder that I do not consider the records of the

criminal

criminal court as a measure of the guilt of the community, indeed the universal testimony of Europeans, however much I may suspect occasional and partial exaggeration, is an authority too strong for me to struggle with, and I observe that the accomplished and justly celebrated person (Sir W. Jones) who carried with him to this country a prejudice in favor of the natives, which he naturally imbibed in the course of his studies, and which in him, though not perfectly rational, was neither unamiable nor ungraceful, I observe that even he, after long judicial experience, reluctantly confesses their general depravity. The prevalence of perjury which he strongly states, and which I have myself already observed, is perhaps a more certain sign of the general dissolution of moral principle than other more daring and ferocious crimes much more horrible to the imagination, and of which the immediate consequences are more destructive to society.

These are questions which all wise men acknowledge to be of infinite difficulty, even when we are content with those probable results which are sufficient for mere speculation. And their difficulty, it must be owned, is mightily increased, when we require that certainty on which alone prudence could act in matters which so nearly concern the happiness of multitudes of human beings. Difficult how ever as they are, it is a difficulty with which it is, in my humble opinion, the bounden duty of every law-giver and magistrate (however humble his station, and however weak his means of usefulness, or obscure his sphere of action) constantly and resolutely to struggle, heither depressed by disappoint

ment, nor deterred by enmities, but considering that the main end of life is to make some at least of the human race happier, which is most effectually done by making them better, that many ineffectual attempts must be made in order that a few should succeed, and that if we fail increasing the happiness and virtue of others, the very attempt will constitute our own happiness and improve our own virtue.

For perjury indicates the absence of all the common restraints which withhold men from crimes. Perjury supposes the absence of all fear of human justice, and bids defiance to all human laws; it supposes also either a contempt for public opinion, or (what is worse) a state of society in which public opinion has ceased to brand with disgrace, actions that ought to be infamous. It is an attack upon religion and law in the very point of their union for the protection of human society. It is that crime which tends to secure the impunity of all other crimes, and it is the only crime which weakens the foundation of every right, by rendering the administration of justice, on which they all depend, difficult, and in many cases impossible.

But, gentlemen, though it be reasonable to examine the character of those over whom we have authority, and to calculate the mischievous consequences of crimes, and though it be useful to spread an abhorrence of these crimes by just representations of their nature and tendency, it is very useless, and very unreasonable, to indulge ourselves in childish anger and childish invective; when we are speaking of the moral diseases of great nations, the reasonable questions always are---How have they been produ

ced?

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