two papers upon "California; " the first by the [ Tennessee, on a subject whose very name is eneditor, who sustains, in the main, the views we tirely unpronounceable. Dr. Evans writes upon have advanced in regard to the gold resources the "Medical History of East Mississippi;" and of that country and their effects upon com- Dr. Fearn upon that of Mobile. In the Charlesmerce. The editor copies our account of Mel-ton Journal, we have Simonds on "New Orsens's sugar investigations, and thinks that the beet root may yet be adopted extensively in the West, as a substitute for cane. We would as goon justify the policy of extracting sun-beams from cucumbers, especially should anything happen to Cuba!

leans Mortality;" and "Morton on Bachman's View of Hybridity in Animals." In the editorial department, we find cotton seed recommended in intermittent fevers, and some account of the meteorology of Charleston, etc. Contents of Hunt, for May, "German Notices of California," "Interest of Money," "Charleston," an abstract from the late census of that city, "Currency," "Commercial Code of Spain," "Tea and Teatrade," to say nothing of the usual statistics. This work loses nothing by age, but increases every day in value. We wish there were half a dozen such in the country, for that number could not more than occupy the field. The Lit

Littell's Living Age, like the Eclectic Magarine, embraces selections from all the foreign periodical publications, and is, of course, an invaluable miscellany. In addition to the leading quarterlies and Blackwood, it extracts from the Retrospective Review, Colburn's New Monthly, Asiatic Journal, London Eclectic, Sporting Magazine, Dublin Magazine, Fraser's Magazine, United Service Journal, Metropoli-erary World has become now indispensable to tan, Bentley's Miscellany, London & Colburn's Magazine, etc.

The Living Age supplies the place of the Atheneum and the Museum, so long published at the North.

every one interested in the progress of American letters. Its criticisms upon books are marked by much fairness and intelligence. Its notes upon passing events in literary and scientifio circles possess peculiar interest. The work The paper which attracted us most in Silli- affords material aid in the purchase of books for man, for May, is that by Agassiz, entitled "Na-public or private libraries-furnishing, as it tural Relations between the Animals and the does, weekly lists of everything that is publishElements in which they live." We have noted in Europe or this country. space to dwell upon the various scientific artiThe London Quarterly and Edinburgh Review, cles of the Franklin Institute Journal. The first for April, are just this moment on our table. five or six numbers of the Naturalist, published Contents of the first-"Giacomo Leopardi;" at Nashville, have been laid on our table. It Ranke's "House of Brandenburg;" "Queen's Colis a small monthly, at the cheap rate of one dollege, London; " "Grote's History of Greece;" lar per annum. The editor, T. Fanning, holds "Urguhart's Pillars of Hercules;" "Diary of a professorship in Franklin College, Tennessee, a dutiful Son;" "Baxter's Impressions of Euand designs to discuss, in the work, every sub-rope;" "Clarendon; " "Cunningham's Lonject of chemistry and geology, in a simple and don;""Escape of Louis Philippe." Contents popular form. We wish him all success in his of the Edinburgh-“ National Observatories;" praiseworthy undertaking. "Sydney Smith's Sketches of Moral Philosophy;" "Supply of Water to the Metropolis;"

The New Orleans and Charleston Medical Journals, are, both of them, works highly cred-" Lander's Poctry;" "Polynesia and New Zeaitable to the medical science and spirit of the South. In the first, for May, we have one of the papers of the late Dr. Harrison, on the "Nervous system;" a paper by Dr. Shanks, of

land;" "British and continental Taxation;" "The Village Notary;" "Lewis on matters of Opinion;" "Agricultural Complaints;" "Germany and Erfort."

TO SUBSCRIBERS.

deserving of the highest praise, and will, we hope, meet its due reward.

3. OUR OFFICE OUR OFFICE is at No. 22 Exchange Place: but the single numbers of Review are for sale, every month, at J. C. Morgan's, immediate- To SUBSCRIBERS.-Please remit, promptly, all ly opposite. Mr. Morgan has upon his counter arrears, and for the coming year. Our plans nearly all the American and foreign periodicals, require money. Our expenses are doubled. Do light literature and newspapers. His stock of nor wait for an agent. Send bank bills, or elegantly illustrated annuals and popular au- specie. The mails are perfectly safe. Help us thors is always large. He is supplied with on in this enterprise. We have no regular every description of stationery, of the most ap- agents who cannot show a special power, with proved qualities, and has a stock of valuable the Editor's name. Mr. Waring loor will English and American books of every kind, eve- travel for us, during the present summer and ry day growing more extensive. His enter- fall. Address, J. D. B. DEBоw. prise in importing the valuable collection of Payments will be acknowlenged on the foreign works, known as "Bohn's Library," is fourth page of cover of every number.

DE BOW'S

SOUTHERN AND WESTERN

REVIEW.

Established January 1, 1846.

J. D. B. DE BOW, EDITOR AND PROPRIETOR.

VOL. IX, O. S.

AUGUST, 1850.

2d SERIES, VOL. III, No. 2-3d SERIES, VOL. I, No. 2.

ART. I.-GOVERNMENT OF BRITISH INDIA.

II. THE LOCAL GOVERNMENT OF INDIA.

EXECUTIVE; LEGISLATIVE; JUDICIAL; MILITARY; ECCLESIASTICAL; FISCAL; PO

LITICAL.

THE mainspring of the government of British India, is, as has been shown, situated in England; but those in India, who are subject to this influence and bound to regulate themselves by it, are not, after all, mere puppets. They possess a substantive power amounting to a practical despotism; and, even speculatively regarded, it might naturally be supposed impossible, at such a distance as England, to direct and control the government of such a country as India, without leaving much to the arbitrary discretion of those in whose hands the powers of local government are placed. What, then, is the mode or form of the local government of British India-that is, the government of India exercised in India, as contradistinguished from the home government, or the government of India exercised in England? The local government of India may be regarded, in its different relations or functions, executive, legislative, judicial, military, ecclesiastical, fiscal and political. It is, of course, only the most general views of these departments of government that can be presented on the present occasion; and although the four last mentioned may be strictly resolved into the executive department, yet, under the existing forms of administration in India, they may be, with advantage, described separately.

For executive purposes, a governor-general of all India is appointed, with a council of three; and the whole of India is divided into three presidencies-that of Bengal, that of Madras, and that of Bom

bay-all being subject to the authority of the governor-general in council, each having a governor and council of three, and each governor and council having subordinate authority within their own limits. The governorship of Bengal is vested in the person who holds the governor-generalship of all India; and, as governor, he has no council, but as governor-general, he has. The governor general of India and the governors of the three presidencies, are appointed by the court of directors, subject to the approbation of the crown: their commissions are annulled at the sole pleasure of the court of directors. In consequence of the extent and populousness of the presidency of Bengal, it is divided into three subordinate governments: first, the government of Bengal, already mentioned, administered by the governor-general; second, the lieutenant-governorship of the north-western provinces, embracing Benares, Allahabad, Delhi, &c., administered by a lieutenant-governor; and, third, the government of Penang, Malacca and Singapore, in the straits of Malacca, administered by what are called resident councilors. Such is the frame-work, the personel, of the executive government of India. Its powers are thus distributed. The governor-general and council of India have the superintendence, direction and control, of the whole civil and military government of India; and the subordinate governments are required to obey their orders, and not to commence hostilities, declare or make war or peace with the native powers, without their approbation, or to create any new office, or grant any salary, gratuity or allowance, without their previous sanction. In like manner, the governor-general in council, is restrained from declaring war, or commencing hostilities, or entering into any treaty for declaring war (except in self-defense), without the authority of the court of directors or the secret committee. If the governor-general should differ from the authority of his council, on any question affecting the safety, tranquility or interests, of the British possessions, the grounds and reasons of their respective opinions are to be exchanged in writing and placed upon record; and if the difference should still continue, the governor-general may act on his own authority and responsibility. The duties of the subordinate governments, are to receive and obey the orders of the general government, to transmit to it advice and intelligence of all transactions and matters relating to the government revenues, or interests of the respective presidencies, and to superintend and control the various departments and functionaries within each presidency subject to their authority.

Until 1834, the power of legislation was possessed by the governor in council, of each of the presidencies; but, by the act of parliament

of that year, renewing the company's privileges, the power of local legislation was taken from the subordinate governments and given to the supreme or general government of India exclusively. For executive purposes, the council of India, it has been already stated, with the governor-general at its head, consists of three other members, who are appointed by the court of directors, and each of whom must have been in the service of the company ten years. The same persons also, presided over by the governor-general, constitute the legislative council of India, with the addition of a fourth member who must be a person not previously in the service of the company. His appointment, by the court of directors, is subject to the approbation of the crown; while the appointment of the three others, by the court, is absolute. This fourth member, alone, does not belong to the executive, but only to the legislative council; that is, he is not entitled to sit and vote at meetings of the council held for executive purposes, but only at meetings for making laws and regulations. The legislative council of India, thus constituted, has power to make, repeal and alter, laws and regulations for all persons, British, native and foreign; for all courts, whether established by royal charter or otherwise; for all places and things in every part of the territories under the government of the company; and, for all servants of the company within the dominions of allied provinces and states. As the right of parliament to legislate for India is expressly reserved, as well as the sovereign right of the crown, so it is required that all laws and regulations, made by the governor-general of India in council, shall be transmitted to England and laid before parliament, in order that it may appear that no law has been passed affecting the prerogative of the crown, the authority of parliament, the constitution or rights of the company, or the unwritten law or constitution of Great Britain and Ireland.

In the judicial system of British India, there are two classes of courts; those established by royal charter, called King's or Queen's courts, and those established by the company's government, called Company's courts. There are four royal courts-one at Calcutta, a second at Madras, a third at Bombay, and a fourth in the settlements of the Straits of Malacca. The courts at Calcutta, Madras and Bombay, are administered, each, by a chief justice and two judges, who are appointed by the crown, and who must be barristers, in England or Ireland, of not less than five years' standing. The court of judicature of Penang, Singapore and Malacca, consists of the governor of those settlements, a resident councilor and a recorder, of whom the last mentioned alone is appointed by the crown, and must be a barrister of five years' standing. These courts have full authority to exercise and per

form all civil, criminal, admiralty and ecclesiastical jurisdiction, and their jurisdiction extends to all British-born subjects residing within the limits of the governments to which the courts are attached. Such persons are subject to the laws of England. These courts have, also, full power to hear and determine all actions and suits against the native inhabitants of Calcutta, Madras and Bombay, determining, in respect of Mohammedans and Hindoos, by their respective laws and customs; and, where one party is a Mohammedan and the other a Hindoo, determining by the laws and usages of the defendant. The native inhabitants of India, residing beyond the limits of the towns of Calcutta, Madras and Bombay, are not subject to the jurisdiction of the royal courts, unless they shall, in any particular cases, agree, in contract, to be subject to it, and the cause shall exceed five hundred rupees ($250); under which circumstances the courts may hear and determine suits between British-born subjects and the native inhabitants of India. The royal courts have no jurisdiction in any matter relating to revenue; and, in matters within their jurisdiction, an appeal lies from their decisions to the privy council in England, if the matter in dispute is not less than ten thousand rupees ($5,000). For the consideration of such appeals, a judicial committee of the privy council has been constituted, consisting of various members of the privy council, ex-chancellors, and always including two retired Indian judges who are supposed to possess the requisite local knowledge and experience for the information and guidance of the other judges.

[To be continued.]

ART. II.-COMMERCE OF THE RED SEA AND THE EAST.

A FEW REMARKS, MADE BY A TRAVELER, ON A. H. PALMER'S PLAN FOR OPENING, EXTENDING AND PROTECTING, AMERICAN COMMERCE IN THE EAST.

[THE writer of this interesting sketch, Emanuel Weiss, has been for eighteen years a resident in the East, and for a part of the time in the employment of the East India Company. He has traveled the deserts with the caravans, and passed himself off as an Arab-a thing, from his appearance, he might very well do. His knowledge of the world is extensive and practical, and his familiarity with the Indies, in every particular, minute and accurate. Such a man must be of great value to us in our increasing relations with Oriental countries. He was the first, we think, to propose the use of camels for California travel. He was born in Switzerland, but has removed to the United States.-ED.]

In our days, neither Abyssinian nationality nor Abyssinian dominion extends to the sea-coast; therefore it is improper to name Abys sinian, part of the African coast in or outside of Bab el Mandel