CHAPTER IX

THE LAND SETTLEMENT

THROUGHOUT Thomason's life and administration, certain principles of civil policy, like guiding stars, were ever kept in sight; these have been alluded to more than once, and must now be more directly noticed.

His first and last thoughts were devoted to the establishment of property in land, and to the recognition of the proprietary rights of the people in their holdings. In his Provinces (as in most other parts of India) the landed interest is overwhelmingly great; indeed the people might be described by a generic term, as those who live by the land. This great interest came under the cognizance of his government to a degree unknown in Western countries. In English-speaking nations we hear of Land Bureaux, Land Commissions, Agricultural Departments, and the like; but all such institutions taken together would not represent the functions of the Land Revenue Department, as it existed under him.

As already seen, he found that the land tax had been fixed for thirty years, in every one of the forty thou

sand villages or parishes in the Provinces; and that the assessment had been so equitable and moderate as to leave a considerable margin to the peasant proprietors. Conjointly with this cardinal operation there had been undertaken a registration of title and a 'Record of Rights.' The idea of this record was grand, a Doomsday book and Magna Charta combined. It had not been carried into effect with completeness, but a beginning had been made throughout the Provinces. In fact the record was the best that could be prepared under a certain limited time, a rough or preliminary one in some tracts, a more advanced one in other tracts; at all events a basis or starting-point everywhere. Theoretically the correct and accurate preparation of the Register or Record, at the time of the Settlement, might seem feasible, but practically it was not. The tenures, always minute and complex, had been brought into confusion by wars and revolutions. Native society was in a transition state. Accuracy could not be obtained without the co-operation of the people, and to real enquiry they had never been accustomed. Consequently the great Record, though good in some respects, was inevitably imperfect.

Now Thomason resolved that in due process of time this Record should be rectified bit by bit, till it was rendered almost perfect; that first the European Officers should be instructed how to rectify it, and that the Native proprietors should be educated by degrees to aid in the rectification. Such was the

broad design which he pursued until something near

perfect success was attained. And this constitutes one of the chief reasons for his posthumous renown.

In his manual of Directions to Collectors,' already mentioned in chapter VII, he writes:—

'In the early days of British rule in the North-Western Provinces it was thought that the decision of all questions of individual right might be left to the operation of the ordinary Courts of Justice. Experience, however, has proved the contrary. The Natives of the country were unaccustomed to examine questions regarding rights of property with a view to their classification. It is surprising even to this day how ill informed Native gentlemen are on the subject (1849). But still less were they able then (1803 to 1833) to appreciate the change that had been effected in the old village institutions by engrafting on them the modes of procedure adopted by the British Government. The English functionaries, on the other hand, understood their own rules but had no leisure to study the old institutions of the country. Injustice and confusion necessarily ensued. Designing men usurped rights which did not belong to them, and blunders of all possible kinds were committed by those who ought to have protected the rights of the weaker parties. In such confusion the litigation increased, till the whole machinery of the judicial administration was choked, and it became necessary to take active measures to introduce order and certainty where hitherto confusion and uncertainty only had reigned. Hence resulted the system of Record which was introduced in 1822. There are some who still look with despair on the magnitude and difficulty of this undertaking. They see the country divided into small properties, which are held on peculiar tenures differing one from the other. They are aware of the general ignorance and are brought into intercourse with the most designing, crafty and unprincipled of the mass. There is no

But it is impossible

desire to underrate these difficulties. now to withdraw from the course which has been commenced. The intention has been wisely disclaimed of making any revolution in the disposition of property. It has been decided to determine what are the existing rights and to uphold them. Great progress has been made in the performance. But it would be vain to suppose that all which is necessary has been already done. The original record formed at the time of Settlement was often erroneous and imperfect; indeed it could not be otherwise. The system was new, the mass of the people were unable to comprehend the object and nature of the proceedings, and were moreover suspicious of any measures connected with the assessment of their lands. Under these circumstances it is surprising that so much was done, and so well done, at the time of Settlement. There is far more reason to take courage from the great progress already made, than to despair at the magnitude of what still remains to be done.'

Now, with some condensation, this is Thomason's account of his policy in his own words; and the very spirit of the man, the working of his mind, his style and method, are all apparent. Then there is found an important paragraph, by which he impresses his precepts on those concerned:

'Let us suppose an intelligent officer appointed to the charge of a district where he is likely to remain some years. He is acquainted with the system of registration, and convinced of the importance and practicability of maintaining it. On coming, however, to refer to his Settlement records in cases that casually occur, he finds them imperfect or erroneous. He concludes that registers resting on such a basis must be defective, and he determines to apply himself in earnest to

the correction of the errors. It is the design of the present treatise to aid him in such an undertaking, and to show that it is not difficult at any time to make a fresh commencement, and to attain that degree of accuracy which it was designed to ensure at the time of Settlement.'

He then proceeds to give minute directions to his many District Officers for the rectification of the Record of Rights. Moreover he takes good care that these directions are carried out, not hastily nor spasmodically, but cautiously and steadily, locality by locality, tract by tract, village by village, till in the course of years the whole thing is virtually done throughout his widely extended Provinces.

He is particular in urging his European Officers, after having instructed themselves, to instruct their Native subordinates, and then the Natives generally. Thereon he expresses a sentiment which was very near to his heart:

"The Revenue system, when rightly understood and properly worked, affords the greatest stimulus to the general education of the people. Indeed it cannot be expected that the registration of rights will ever become perfect till the people are sufficiently educated to understand it, and to watch over its execution.'

This Record related, as he himself phrased it, to the rights of the people in the land. This property, rightfully and virtually possessed by masses of men in his Provinces, had he thought been over-ridden, trampled under foot, blurred, defaced, obscured, almost