larly as the suttee sacrifice, though sanctioned in | deluded unoffending females, born and living a certain degree by the shaster and by popular under the protection of the British government, opinion, might be suppressed by a legislative whenever it shall be deemed expedient to make enactment, with equal safety and success. and promulgate the requisite enactment for that purpose.

I might further mention, as militating against the received opinion and usage of the country, the rules enacted in the existing regulations to prevent the sacrifice of women and children in the province of Benares, by burning them in a circular enclosure, called a koorh, or by otherwise putting them to death, on the approach of a public officer to serve any judicial or revenue process on brahmins; or to exercise any coercion over them on the part of government; or in consequence of their not obtaining speedy relief for loss or injury: also to prevent the wounding of the families of brahmins or other persons under similar circumstances; and rules for the punishment of another practice by brahmins and others, called Dhurna, for recovery of a debt without judicial process, or to extort a donation: but I shall confine myself to the measures taken for abolishing a barbarous custom amongst the Rajkoomars, of destroying their infant female children, by suffering them to perish for want of sustenance, which is supposed to have originated in principles of family pride, and apprehension of dishonour from inability to provide for daughters by a suitable marriage. With a view to prevent the continuance of this inhuman practice in the province of Benares, an obligation was formerly taken from Rajkoomars in that province; and by sect. 13, regulation xxi., 1795, for Benares, as well as by sect. 2, of regulation iii., 1804, for the ceded provinces, it was declared, "that any Rajkoomar who shall de"signedly cause the death of his female child, “by prohibiting its receiving nourishment," or in any other manner, shall be liable to trial, as in other criminal causes, before the court of circuit and nizamut adawlut, on a charge of murder.

In this case, as far as regards the legal prohibition of a murderous practice, sanctioned only by its long prevalence, the same remarks appear applicable as those already offered in the instance of infanticide by drowning, or by exposure to sharks, though from the great difficulty of detection I fear that this penal rule has not proved equally efficacious.

The same conclusion appears warranted by the general character of our Hindoo subjects, especially those who inhabit the province of Bengal, where the suttee practice chiefly prevails, and by the facility and submission with which the powers vested in the magistrate by the rules and orders now in force to prevent illegal and irregular suttees have been exercised by them during a period of eight years.

It not being my present intention to bring forward any general proposition for abolishing the suttee immolation, partly in deference to the resolution so lately passed by this government, and partly because we may possibly receive instructions for our guidance from the autho rities in England, I will not enter upon a more ample discussion of this interesting and delicate question, which I am sensible has been very imperfectly treated in the foregoing general remarks. But I beg leave to annex to this minute an extract from a well-written paper on female immolation," published in the valuable periodical work intituled "The Friend of India," which the late sir Henry Blossett, as well as myself, read on our voyage to India, and which appeared to both of us a powerful and convincing statement of the real facts and circumstances of the case.

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What I now wish to press upon the serious attention of the governor-general in council, is the ascertained continuance of the irregularities and abuses unsanctioned by the Hindoo laws, in the actual performance of the suttee immolation, as frequently practised; and the impossibility of preventing such abuses, without requiring, under penalties, a previous notice to the local police officer, before any sacrifice of this nature is allowed to take place.

The official reports of the magistrates, which are annually submitted to government by the court of nizamut adawlut, contain abundant evidence of the illegal practice here referred to; and it is further a notorious fact that, especially in Bengal, in opposition to the express ordinances of the shaster, which forbid any restraint On a deliberate view of all those instances in whatever upon the widow to prevent her escape which the laws, customs, and prejudices of the from the funeral pile, and provide for her being Hindoos, when found to be at variance with the lifted off in the event of her being terrified, she principles of justice and good of society, have is often bound down with cords to the pile, with been necessarily superseded and abrogated by the body of her deceased husband, or fastened the laws and regulations of the British govern- by bamboos placed over her, so that she cannot ment, and in the whole of which such super-possibly escape, notwithstanding a change of cession has been quietly submitted to, as obviously and exclusively originating in motives of It also appears from the reports above menequity and humanity, unconnected with any tioned, that in numerous cases the suttee takes degree of religious intolerance, we may, I think, place without any previous notice to the local safely conclude, that a similar result will attend police officer; this, unfortunately, not having the enactment of a legislative provision to pre-been required by any of the circular orders yet vent the yearly sacrifice of several hundreds of issued. It will be sufficient to quote on this

resolution.

"

point the proceedings of the nizamut adawlut," by the shaster. A clause to this effect has under date the 24th May, 1822, relative to the "accordingly been introduced into sect. 134 of suttee reports of 1821, for two districts only," the draught of a regulation proposed by the viz. those of Shahabad and Ghazeepore. In the "superintendent of the police, and reported former instance, after remarking that "in this upon to government on the 28th ultimo." "district there would appear to have occurred The second and third sections of the draught "thirty-nine female sacrifices during the first of " a regulation for maintaining an observance 66 year," several of which are stated to have" of the restrictions prescribed by the shaster, been illegal, the court observe," that the police" in the burning of Hindoo widows on the "officers were present only on one occasion of "funeral piles of their husbands, or otherwise," "the performance of the rite of suttee in this which was submitted to government, with their "district." In the zillah of Ghazeepore the proceedings of the date above mentioned, constated number of suttees in 1821 was thirty-tained the following provisions on the subject five, and the court remark as follows: "More referred to:"instances of illegal suttees appear to have "First, Whenever a Hindoo widow, on the "occurred in this than in any other district," death of her husband, may be unwilling to "and out of thirty-five suttees reported, twenty-" survive him, and be desirous of devoting her. "six are stated to have occurred before the "self on his funeral pile by the rite of saha. "arrival of the police. Those which appear to 66 marana; or, if absent from him, and she be "have been illegal on the score of non-age, are "not the wife of a Brahmin, (who is forbidden "the cases of Mussumaut Mungunnee, aged" to ascend a separate pile,) may, on receiving "12; of Mussumaut Soohullea, aged 12; of" information of his death, desire to perform "Mussumaut Deohuttee, aged 15; of Mus-" the rite of anoomarana, in the manner pre66 sumaut Gumudhee aged 12; in the latter in-"scribed by the ordinances of the shaster, and stance there was another legal disability to "her situation may be such as to admit of her "the sacrifice, which was conducted by the rite" becoming a suttee, under the restrictions con"of anoomarana, the deceased having been a "Brahmunnee." It further appears from the magistrates' detailed report, that the whole of the four instances of illegal suttee here specified," on the spot, if unable to dissuade her from a in which minors were devoted to a cruel death," sacrifice not enjoined as a religious or conwithout the sanction of the Hindoo law, took" jugal duty, but permitted only, under certain place in the absence of the police officers. "circumstances, as a voluntary and optional

"tained in the shaster, and declared in this "regulation, the principal persons of her own "family, or that of her husband, who may be

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The court of nizamut adawlut were long since" act, shall cause notice of her intention to be aware of the necessity of providing against the "conveyed, as speedily as possible, to the police continuance of this serious evil; and in the" darogah, or other principal police officer of second and third paragraphs of their resolutions, "the jurisdiction in which the widow may under date the 25th June, 1817, upon the suttee "reside, or in which it may be intended to reports for 1815 and 1816, recorded the fol-" perform the rite of sahamarana or anooma'lowing observations:rana; and such rite shall not, on any occa"It appears that in several instances the "sion, be performed or commenced without "police officers were not advised of the suttee "the previous knowledge and attendance of the "till after it had taken place; and it may be police darogah, or other local police officer, "presumed that in others the occurrence was or the attendance of the thannah mohurir, or not at all made known to them. With a" jemadar, or without allowing full and suf "view to supply this defect in future reports, "ficient time for such attendance, after notice as well as for the more important purpose of “given, under penalty of all persons concerned “securing, as far as possible, a due observance" in the irregular act being liable to a criminal "of the rules which have been or may be prosecution before the zillah or city magis. “established for maintaining a strict adherence "trates; and in cases of an aggravated nature, to the ordinances of the shaster, as they" before the court of circuit. "respect the practice of sahamarana and anoo- "Second,-If it appear, in any instance, after marana, (or dying with or without the body" the promulgation of this regulation, that a "of the husband) the court judge it essentially" widow has been burnt without previous no"necessary, in modification of the rules now in" tice to the local police officer, as required by "force (which not requiring any previous per-" this section, the magistrate shall immediately "mission from the magistrates or police officers," make a full inquiry into the facts and circum. "are understood not to require any previous" stances of the case, and all persons convicted "notice to them), to provide by a penal rule" of having taken any active part therein shall "for information being given, in all instances," be deemed guilty of a misdemeanor, and be "to the local police officer whenever a Hindoo" punishable by fine and imprisonment, under "widow may be desirous of burning herself on "the general powers of the magistrate; or if "the funeral pile of her deceased husband, or "it appear that the widow had not attained “of becoming a suttee in any mode authorised" her sixteenth year, or was not qualified to

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"become a suttee, under the provisions of the" ing the rules of the Hindoo law, and the local "shaster, and the rules declared in this regula-"usages prevailing in different parts of the "tion, the offenders shall be committed for country, as applicable to the ceremony of "trial before the court of circuit, who, on con- suttee, has hitherto been extremely imperfect. "viction, will pass sentence upon them accord-" Much light has been thrown on the subject "ing to the nature and criminality of their" by the able and judicious inquiries recently "offence; or, if the case be referrible under the "prosecuted by the nizamut adawlut, and by general regulations of the nizamut adawlut," the circumstances which have been brought "will refer it for the final sentence of that" to the notice of the court and of government "in the reports from the magistrates, since the “Third,―The principal persons of the wi-" circular orders of the 29th April, 1823, were "dow's family, or that of her husband, who" first issued. But although the abuses pracmay be proved to have been on the spot, and "tised in the performance of the sacrifice of the 66 may have neglected to give timely notice to suttee, and the most appropriate means of "the local police officers, as required in the first" preventing them, have been by degrees more "clause of this section, shall also be liable to "accurately ascertained, the vice-president in “fine and imprisonment, on conviction of such “ council is disposed to think that further ex"neglect before the magistrate, although they" perience will suggest many other points for may not have taken any active part in the" consideration, and a further modification or "transaction. "extension of the rules which at present ap

" court.

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"Sec. III. The police darogahs, and all pear well suited to the objects contemplated "other officers of the police, are required to use "by government; and that it would be preevery means in their power to obtain the" mature to legislate at present on a subject "earliest information of any intention to burn" in which it is so extremely desirable to proa Hindoo widow on the funeral pile of her “ceed with caution, and to guard against the "husband, or on a separate pile; and if any adoption of any erroneous principles. The "subordinate police officer shall obtain such" vice-president in council conceives that the "information, which may not have been con- "object of carefully restricting the sacrifice of "veyed to the police darogah, or other prin- "Hindoo widows to those cases in which it is cipal police officer of the jurisdiction, as re- "especially sanctioned by the Hindoo law, as “quired in the preceding section, he shall im-" well as of preventing abuses and irregularities mediately communicate the same, and forbid" in its performance, when so sanctioned, will "the parties concerned to proceed with the rite" be most conveniently attained by promulgat“of sahamarana or anoomarana, until the police" ing, in the form of circular orders for the "daroga, or other principal police officer, has" guidance of the magistrates and police officers, "been duly apprised, and allowed sufficient" and for general information, such rules and "time for his attendance, or that of the than-" explanations as may be deemed proper. I "nah mohurir, or jemadar." am accordingly directed to request that you The sentiments of the vice-president in coun- "will lay before the court of nizamut adawlut cil on the proposed rules above cited, were com- "the accompanying paper, which has been premunicated to the nizamut adawlut in the seventh" pared from the draught of the regulation sub

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mitted by the court, with such modifications as have appeared to the vice-president in coun"cil to be expedient."

and succeeding paragraphs of a letter from the" secretary to government in the judicial depart-" ment, dated 9th September, 1817, from which the following is an extract:

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The annexed extract (No. 3) contains the "The vice-president in council is of opinion, modified rules, which were accordingly included “that timely notice should be given to the police in the second head or section of the draught here "officers in every instance of an intended sut-referred to, with a view "to secure the conveytee, and that the rules proposed by the niza-" ance, to the police officers, of timely informa "mut adawlut, to enforce the regular commu"tion of an intended suttee." "nication of such notice, are generally proper "and expedient; but although the vice-presi"dent in council concurs with the nizamut "adawlut in the expediency of carrying into "effect the measures above adverted to, as well as of adopting several other rules connected "with the subject, and included in the draught "of the proposed regulation, he is of opinion "that it is not advisable to introduce or pro"mulgate those measures in the formal shape The reports and information since received, "of a legislative enactment. The papers re-appear to have removed the doubt which was "cently submitted to government by the niza- entertained by the court of nizamut adawlut, **inut adawlut contain abundant proof that the and by the governor-general in council, whether "information possessed by government, regard- the orders issued to the magistrates and police

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The circumstances under which it was afterwards deemed expedient to suspend the immediate promulgation of the whole of the proposed rules, and to wait the result of further experience as to the supposed causes of an annual increase in the number of ascertained suttees, are stated in the resolutions of government, under date the 30th July, 1819, and need not to be detailed in this place.

intended suttee, especially the eighth clause of section last mentioned, which is as follows :—

officers, and the measures taken in execution of them, may not have been productive of an effect contrary to that intended by them, by exciting "It is not the intention of government that (to use the words of the nizamut adawlut) a "the public officers should interfere in requiring spirit of fanaticism, rather inflamed than re- "any particular mode of performing the rite pressed, by the interference of the public autho-" of sahamarana or anoomarana; but that rities; or, as expressed in the resolutions of the" every class of Hindoos in the whole of the governor-general in council, by "the greater "company's territories should, in the manner "confidence with which the people perform " of performing these rites, be left to follow “this rite, under the sanction of goverment," the established authority and usage of the as implied or avowed in the circular orders" province in which they reside. The pundits "already enforced, with the combined excite-“ have declared, however, that no authority "ment of religious bigotry, by the continued" permits any restraint to be used' on the per"agitation of the question." "son and liberty of the widow, by fastening

The remarks of the governor-general in coun- "her with cords to the pile, or pressing her cil upon the diminished number of suttees since" down with bamboos, or in any manner prethe prevalence of the cholera morbus in 1818, as" venting her, at any stage of the transaction, already quoted in a former part of this minute" from retracting her intention to burn, if she from the resolutions of government, under date" be desirous of so doing, as expressly author. the 17th July, 1821, and 15th August, 1822," ised by the shaster. The police officers, thereappear to warrant a conclusion that the rules" fore, who may attend the rite of a suttee, now in force, as far as the imperfect information" shall remain at the spot till it is completed, obtained by the police officers admits of their" and shall be vigilant to prevent any com. being put in execution, have a beneficial ten-"pulsory process not sanctioned by the shaster, dency in restraining the suttee immolation with- " as well as to afford the widow the fullest proin the rules prescribed for it by the shaster, and," tection and facility if she should be disposed in some cases, by enabling the public officers to " to return to her house and family.” prevent the legal and voluntary sacrifice of the intended victim by persuasion.

At all events, no further time should be lost in giving publicity and operation to the “ fourth

The very just observations and acknowledg-"head or section" of the approved rules above ments upon this point contained in the resolu- mentioned, which contains the following rules, tion of 15th August, 1822, preclude the possi- prohibiting widows of the jogee tribe from bury. bility of doubt, that in the present state of the ing themselves alive with the bodies of their country, and under the experience obtained of husbands:the tendency of the existing circular orders, "1. It having been ascertained that the when duly executed, to prevent compulsion, and "shaster contains no authority for a practice other irregular and murderous practices, unsanc- "which has prevailed among the jogee tribe in tioned by the shaster, in this lamentable sacrifice," some parts of the country, especially in the there can be a difference of opinion upon the ex- "district of Tipperah, of burying alive the pediency of giving immediate effect to such part "widows of persons of that tribe who may of the suspended rules, approved by government" desire to be interred with the bodies of their on the 9th September, 1817, as relate to the con- "husbands, such practice must necessarily be veyance of timely information of an intended" regarded as a criminal offence under the suttee to the police officers, viz. those contained" general laws and regulations of government. in the accompanying extract (No. 3).

"2. The magistrates and police officers in

I therefore beg leave to propose for the con- every district where the practice above mensideration of government, on receipt of the report" tioned has been known to exist, shall be careto be soon expected from the nizamut adawlut" ful to make the present prohibition as publicly upon the suttees of 1822, that the rules in ques-" known as possible; and if any person, after tion be promulgated in the vernacular language "being advised of it, shall appear to have at the whole of the police thannahs, as well as "been concerned in burying a woman alive, in at the other usual places of publication. "opposition thereto, he shall be apprehended It further appears to me, that it will be advis-" and brought to trial for the offence before able to publish, for the information and guidance" the court of circuit.

of the police officers, the "first head or section" "3. The magistrates and police officers are of the general rules approved by government on "further directed to use all practicable means the 9th September, 1817, specifying, in a collec-" for preventing any such illegal act; and an tive form," the circumstances under which" attempt to commit the same, after the pro"Hindoo widows are restricted from devoting" mulgation of these rules, though not carried "themselves on the funeral piles of their de-" completely into effect, will, on conviction, be "ceased husbands, or on a separate pile, as well" punishable by the zillah or city magistrate, "as the rules contained in the third head or "or the court of circuit, according to the de"section," for the guidance of the police of-"gree of criminality and circumstances of the ficers, and others, on receiving information of an case."

The court of nizamut adawlut, in their pro-" doo law does not sanction the practice which ceedings of the 25th June, 1817, (paragraphs | prevails amongst the jogee tribe of bury28 to 31,) expressed their sentiments upon this" ing the widow alive with the body of subject in the following terms :—“ "The state"her deceased husband, the vice-president in "ments before the court specify six instances in "council entirely concurs with the nizamut. "1815, and two in 1816, of women who were "adawlut in thinking that the practice in "buried alive with the bodies of their husbands." question should be positively and entirely "Of these, seven took place in the zillah Tip-" interdicted."

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"perah, and one in the district of Nuddea. I will only add, that I cannot but rejoice "The parties in all these cases were of the it has not become necessary, on the grounds jogee or weaver caste; and the practice, which prospectively and contingently adverted to in "has no express sanction in the shaster, ap- the resolutions of the governor-general in counpears to be confined to that caste. The Dacca cil, under date the 30th July, 1819, “to procourt of circuit, in their letter dated 19th "hibit the officers of government from exercising "August, 1816, having questioned the legality" that active interposition, in cases of this de"of this custom, and transmitted a bewasta" scription (suttees), which has for some years "from the pundit of the provincial court, de-" past been authorised by government." Were "claring, that there is no authority for a such interposition withdrawn, the abuses and woman of the jogee tribe to become a suttee, cruelties which existed before the magistrates "and to bury herself alive with the corpse of and police officers were authorised to interfere, "her deceased husband;' and on reference to and which led to the circular orders that were a bewasta on the subject, which was de- first issued on the subject in the year 1813, "livered by the pundits of the sudder dewanny would undoubtedly be removed. But it is satis"adawlut in September 1813, it not appearing factory to reflect that in such a case the evil to contain any specific authorities for the must bring its proper remedy; for it would im"practice in question, the court judged it neces-peratively call upon the justice and humanity of sary to call upon their Hindoo law officers the British government to abrogate, by penal "for a more explicit statement of any authori-enactment, a barbarous custom (as it is justly "ties in the shaster which sanction the inter-designated by the honourable court of directors, “ ment of the widow of a jogee, or a Hindoo in their letter to the government of Fort St. "widow of any other tribe, with the body of George, dated 4th March, 1818), which expe"her deceased husband. A translation of the rience had shewn could not be restrained within "bewasta, received from the pundits in answer the rules under which alone it is permitted by on the 23d ultimo, together with a translated certain authorities, not generally received, of 66 copy of their former bewastas, recorded on the shaster. "the 2d September, 1816, and a translation of In such a state of things, I could not hesitate "the bewasta of rajah Chundoo Turkulankar, to adopt the opinion expressed by the second judge "pundit of the Dacca provincial court, are of the court of nizamut adawlut, that the toler"recorded with these resolutions. On con-ation of the practice of suttees is a reproach to "sideration of the several bewastas referred to, our government; and even now I am disposed "it clearly appearing that there are no au- to agree with him," that the entire and im"thorities in the shaster for the performance" mediate abolition of it would be attended with "of the right of sahamarana in any other mode" no sort of danger." "than by cremation, the court are of opinion, (Signed) "that the practice which has obtained amongst June 28th, 1823. "the jogee tribe, of burying the widow alive "with the body of her deceased husband, may Extract from the Proceedings of the Nizamut "be prohibited by a regulation declarative of Adawlut, under date the 23d July, 1824; "the Hindoo ordinances upon the rite above containing their Remarks on the Suttee Re"mentioned." ports and Statements for the Year 1823.

The concurrence of government in the measure proposed was communicated to the nizamut adawlut, in the 5th paragraph of Mr. Secretary Bayley's letter, dated 9th September, 1817, as follows:

"It appearing from the circumstances stated "in paragraphs 20 to 31 of the court's resolu“tions, and from the tenor of the bewastas "alluded to in those paragraphs, that the Hin

J. H. HARINGTON.

The court of nizamut adawlut having had before them the reports of suttees, received through the courts of circuit, from the several zillahs and city magistrates in the lower and western provinces, for the year 1823, together with detailed and abstract statements prepared from those reports, record the following remarks and orders: