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Leader (1850-1860), 1st April 1854, Edition 1 of 1, Page 303, Untitled Article

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      Untitled Article

      Below the confluence of tfce Whurda tbe river , which in some parts is tortuous , narrow ^ and difficult , ex-Itaxtda ia others to a . width , of 3 miles . If , however , ¦ we suppose only a width of l £ miles ,, a fall of 6 inches per mile , and a depth of 2 feet of water to be supplied in addition to 1 foot assumed , tut very ^ dowbtfufly , to be there-, we snowl * want nearly 28 ^ 000 : millions of cubic y ards of "water per annum , aa increase on the former quantity which the basin of the Wburda does not justify us hu expecting f <> r such a service . Moreover , the elevation above the sea at which General CuUen crossed : the ( Jodaveiy at- Nandair ( 1152 feet > , a * ad the "Whorda at KiatctiBgam ( 7 i 5- feet ) , together with the nature of the bed Qf the ( Jodaveiy for a great distance east of the former

      place , Jeave us no possible inference but tHat a great and rapid fall in the river takes place somewhere Sbout the longitude of 79 > fag . B . ; and local faefe render it nearly certain that this fall of more than 500 feet takes place in about 70 miles , giving a slope to-the , r ^ ver-bed of . nearly 8 feet per mile , or aliaast Jfcwiee as great as any profitable navigation has yet sou-mounted . And ' even more than this ,, the country through which a canal must be cut , if this'jgreat difflcnlty . is to be avoided by such a measure , is not otfly phyweally tmfavourable , but is harassed by deaclly conflicts between different parties of the Niswoa ' s Vuxru ^ y subjects , and plundered at pleasure by that £ iarty which happens at any . moment fo be the strongest ; for which see Bombay Times , received by ike verr last mail .

      ' . It would : be easy to point out physical facts of a * tik ^ charaeter in c&nnexioa with some of the other rivers which Colonel Cotton proposes to render navigable . The nature of the Whurda , however , as an dutfet to Berar and its cotton , renders it desirable that the questions relating" both to its own course , wad that of the lower pact of the Godavery , should lie set at test by a sufficient survey ; and tbe mor&so as some -of the difficulties , of the case do not lie on its line .

      • we corne now to tbe question of irrigation . EBere Colonel Cotton ventures oh the very singular assertion , th « t 500 acres per square mile , —that iafonrfifths of the whole country , —may be irrigated ; and his conclusions require that it should be irrigated by water , winch may be so stored as to flow down to cultivated lands on a lower level . i $ ow if it be recollected that this spontaneous irrigation , by stoned water , can only take place on lands below Idle level on which the rain has fallen , i t will be seen at oaee haw tmoossible it is that so large a . proportion as four-fifths should be capable of receiving the waier .

      Colonel Cotton ' s , calculations supposes tffat two feel ; of water per annum now runs off thefcand , and that he had stored it all ; then he soys , this qfiiaotity of water will irrigate 500 acres out Of every square poil ^ of 640 acre *; and he concl u des that from this irrigation will result the stupendous revenue of 600 millions per annatn . Now , as we have seen , there is not moire than one-half of this quantity of water , and of that half probably no system could ever intercept onehalf in its downward flow . But to render tbe argument palpably absurd , it is supposed , that after the surplus lias been collected from the whole country , there stilt remains four-fifths of the country so much below the level of the ground on which the rain fell , a » to be cai > able of permitting the stored water to flow on ib for irrigation .

      Happily the progress of India does not depend on the accuracy of such calculations as these . If Colonel Cotton be in error , it is still true that vast areas in India may be fertilised in an extraordinary degreo by spontaneous irrigation , besides those which now sure , or ought still to be , irrigated } and even mare , we believe thai there are whole districts where , with other prqper appliances , it would amply pay to irrigate the land , although the water were lifted by suitable mechanical means for that purpose . The zeal of this distinguished officer has exerted itself for a most noble object , and vre only regret that his arguments afford rather opportunities for willing doubt and delay than the requisite bases of energetic action .

      Our limits of space , already far overpassed , do not allow us to remark on the other plans of Colonel Cotton—steam canals , and cheap single railwaysas we believe we should show equal cause of distrust in respect of them also . Nor do ve hope to arrive at more satisfactory conclusions in discussing , in our next pjiper , the . principles of administration , of industrial economy , and of governuuout ou which he proceeds .

      Untitled Article

      Mil . JAUDINE AND THE ADMINISTRATION OV THE LAW OF OATHS . Bow-stbkev afforded a quick illustration of the anomalies ia civil equity to which we have adverted as occurring in Edinburgh and Fleet-street . A tradesman in the Strand hus now been plundered , and the thief ucquittcxl , hecauso tho prosecutor had the misfortune to huvo a conscience unrecognised in law The facts of tlio case have been detailed in a former number , and to us in the following letter ,

      whicft ve quote , slightly : abridged , from | h& pen of the plaintaf , written oo the morning of tbe tifid , anil which the- press of Parliamentary and Wat matter has excluded from < wur eotenn * before : — u " Sik , —The injustice ofthe present system of receiving' evidence in courts of law was fllastrated in a case in which I -was personally concerned , at Bowstreet , this morning . Jk peraoa had purloined a book from my shop—it was found in his possession , by the policeman—I was called upon to Jdentify'the property ; and , upon rny declining'to tate the ttSiial bath , and requesting permissfon to make an afflrmatiMuhi- > stead , Mr , Jardine , the sitting magistrate ^ inquired of what reUgioufrpex'saasioDX belonged to ; X replied that I did not . profess any religion , and that I was under the impression that an Act of" Parliament existed which authorised him to receive the affirmations

      of those persons vrho conscientiously objected' to take the oath . He endeavoured to find such act . ~ Whi l $ the reference waa being , made a . case was goae into , in which the testimony of a female , the Keeper qj £ a brothel , was received without the least hesitation . Mr . Jardine shortly after informed me that my evidence could not be received , tbe Act of Parliament made bo provision for persons » f no religious opinions , and ^ ha prisoi ^ r m ^ fcbe disclarged . I ventured to express a hope that be woulct use his influence as a magistrate in procuring thi ? enactment of a legislative remedy . He answered me to * the effect that he

      baedly thought it necessary , a » in all hia experience as a magistrate ocly , one otfcg ? case : had cqme before him where ap ^ sqiLhad * in a . similar , manner , objected to taker the oatji . He then , ordered the prisoner -to be dischargedy andj upon my taking up the book belonging to me , thinking ^ that of cotHrse l had » right to my own , another qsestioa aromas 3 o whether 1 could be allowed tOrtajEeawft ^ my own property , and to decide it the magistrate recalled the prisoner and aslced kirn , whether he , had any objection to my Roving , the book . He replied " no , " an , 4 I was then informed that E might now take it ;

      " Such axe tile bare facts of the case . It is guite unnecessary for me to say m © re > X leave it in your hands , believing that you will agree with me ia thinking , that the law in relation to the reception of evidence in courts of justice requires a radical reform . " Reformers And Fre « -thinkers' library , 240 Strand , Vjfo . 7 t 18 sL This sensible letter nils ft * , the shadows of the picture presented in the excettenti report giren by the Hoik / Neim of the 8 thHit . There are , however , other noticeable : features ? kw this case to which -we

      th « -inetPopx ) lls ' ith « shithertoiccBt aaaaikv Jua peace aud cbMaeter-to raise » d afa ^^ e ^ «^« i «;« bjecla to the oath—in , the proyiaeear H . woj ^ -ao , wcoathh » RU connexion in busiaesa ,. ^ The only teinedy Ts t » emcourage those whohavej scruples tto avo ^ -&emt < y speak them otrtr —<» cause them tar fz&nsptte < fi * every court * aocL no ^ ioager sofEbr ? m iBKSikup ^ taaf vm ^ giatrateto impoae upon * E ^ rliamen t , as-Mr- j « diatf speech u calculated to , do ^ tt is . wellU ) usten . to thet twee of th ^ e decorous , bat there , is a ^ dettprnm of consciience as weir as of conveationaKty * . * V ™ eWonier , op ccHtom- prescribes * a de % eatee- ' % 19 gi aep # f *«* * -ma » < & hi&righty cuitbnv or : © fdec xteeKia' iHBoimtb . Xi

      defence of any horoatr mclA of speeeh . 4 ^ 1 conscieBC jktruaiman , haftoftenJtodo tb ^ ^ bic h . lnQlf , p ] ikft ^ lfl ^ xage— 'looks JS&je courtiij ^ mar tyrdooi---bat ^ iqj | t ^ puts this constnictipit upaff sacli necessary' cuudrot ^ himself is gutfCf of insobnee and out « ge . He pat * < hnm the voiiss- of haneat con » cience ^^ lie t « mtsi « rt of public court * thow wh& h * ve a » ^ juj » wnti « ftl scruple , and tbe » ,, afl Mr . Jardine doea , fqunda . an a » y gument agamftiel ^ so ^ . ib silence he Ms iunrtejfiin ^ osea :. It hw lreq . wai ^ t ^ teen urged that' * this wcraldt Be < 3 &A < £ $ a&- i&ir w 4 find Mr . Jardine doing- it . Let alt whom it lu ^ concern take wanting . . t ji ? . r . '

      : The Act of , ParlianaentMr . Truelova had in M » memory is one whi ^ li haa misleotman ^ oth <^ perspna It is the 1 st add 2 d of Victoria ( crt 05 , we ti ^ lcji A . ILeeds magistrate , at the time of itaf ^ enaettDeii was safar confused by it that he p « nttitt « dMr ^ BOi beet Owe % in acectain 6 aown caa % tq ; 3 oak » iai |;;* fl |« notation , upoa its . supposed authority . But i * warrant oaay make o&iSi nt * that vay whic 1 & . il ^<> nformabi ^| j ^ qir " m ^ f ' bniJ 4 lng . 'M ; Ifts '^ conapeDiii ^ -Wi ^ w ^ m lie » m the ward oath . Ttie judicial Mtose oraJtoafl , Ik > rds Keayoaiandj ^ enttteden havfi r ^^ imprecation- Aaoath i » a » act by wLich a . man ia »« of

      precates , ^ tier Tengeancesome ^ o ^ wnJhJIi ^^ oase tof -hu \^^ w ^ A ; # Mjl ^ ai ^| pl ^ medan , - or eoeftteian ; Ittf' ^ e ^ i ^^ iii ^^^ ii ^ iiai avenging God . An . honest use of thfr judicial terna " oath" would exclude the Chrwtian ftoaa swearing who believes God ia Lov < v . ¦ - ¦¦ .:. - ^; , ,, , : t . ^ , conviation , o « ttiejrer . % ^^ gf ^ JMM § . Marriage—qalte as seriotrs a matter a « a proiecutiott f or rjetty larceny ~ ia bo longer a refigtou » i but a ei * a ceremonyi and « &ought ttooaih tab * . cAtr ^^ th «<> athi «» cftttfessioac £ iiw ^ an 4 a ^ v ^

      cpiiyictiojur ^" wcapw * wt ^^ o ^^ itmwmm are in danger of teachfcffdepo ^ i ^ tar ^^ itBelf aa a " Bcrttple . ^* -lasvoe : t ^ Bm 0 mnmiiff . ioyt ^ 3 ^ r * nd religion , w ») *» tr « «( Bittpl «» , 'V'Ip ^ M ^ lwis ^ men they axe- noble " scruples ;! ' <^ . w ^ lpp'M ^|^ fuses to i ? e 8 peet . tfte scrurjlea ol ^ i ^ iB ^ f ^^^ mm will demoralise the people . A law which riiailperiBft » solemn affirmation , where the oatfe U decuiMM would conduce to the security of j ( uaitciu « tice » nd judicial tcuthk ¦ . ¦ . . ¦ . ¦• ¦ - ¦ ; , «¦ yr > :: jtyjfa ^

      shall , advert .. Wa ; remembec that ia lSi-il ^ Dftr ^ Jar ^ i dine presented tbe only in ^ tatice on record in which ; a Unitarian magistrate forgot what was Sue to the ; consciences of pErinthft who diflfered from his worship ia opinion . Bat in IMm instance ire Mate prompt , to own and distinguish th& 1 Mr . Jardine behave ^ more gracefully than any previous metropolitan magistrate has done in a similar case . Mr . Jardine not only avoided insulting Mr . Truelove , but distitictly exonerated him from any possible mortal imputatioQ on account of hi * inability to accept the oatlju . Bat we are bpund to notice Mr . Jardine ^ a , remark- , able declaration that he saw little reason for troubling Parliament to relieve the scruples of persons like

      Mr . Truelove , as he had * met with but one person who had confessed to them within bis experience . Can he be ignorant that , only one similar instance bofore the present ( that of Mev Commissioner Byland ) has occurred in which the bench has not insulted the objector , and the press denounced him as one who , in pursuit of an infamous notoriety , obtruded his opinions wantonly upon the court ? Even the Monthl y Repository , in 1834 , by the pen of a living and known writer , then signing himself " Juniua Eedivivus" ( a friend we believe of Mr . Jardine ) , brought this same accusation against Julian Hibbert , whom he pronounced to be * ' court-4

      ing public obloquy " - * - * seeking after martyrdom "guilty of ' * a ridiculous bravado , " Has Mr . Jardine forgotten what took place lately in Portugal-street , before Mr . Commissioner CCeleatine and St . Aubert ) Phillips ? Of all toleration in this day ( we say it advisedly ) the very scarcest is that of toleration far him who ventures to respoet his own can science in the matter of an oath on absolute grounds . Wo hnv « religious toleration , but no intellectual toleration . Every month the provincial newspaper contains instances of judicial outrages upon conscientious free-thinlcing witnesses . The law is tender ,

      arid the general press is silent towards the brothelkeeper ' s conscience—if he > confesses to faith as he panders to obscenity—but the sincere sceptic is howled from court and society . If ho take an oath he is denounced a 3 a hypocrite—if he refuse he is denounced for wanton vanity , or a contemptible hankering after notoriety . The knowledge and expectancy of this treatment keeps hundroda of tongues silent in our courts every -week of the year , and before : every judye and magistrate in the lane ] . It is impossible that one so well informed as Mr . Jardine can bo unaware of this —and , knowing it , it ia incredible that ho should haye said what he did . In

      Untitled Article

      A " STRONGER , " . £ & EARL . I . M « EOT . . A sags remawked that thero waa * good dasL to be said on * hoth aides oftmott qtiMtionsx andy iaiac ^^ & have become so enlightened * const *? becaoae we have always Ittd an € ^» pasitiao pxavin ^ th «^ the Ministry is always in the wrongi But is it : not car rying the blessing * of free discuaiton to somewhat too loose an extent , to lave the tiro * branches < o £ th » one JQegislatoro saying the same ¦ . thung a ^ Hie nm ^ time ? Bast slight was * " doubles debate , " night > and different Ministers werej at the same momeat of time , in different places ^ offering the tame defence to precisely- the same attack . It ?* constitutional ; but it ' s silly . The only advantage the country gain * i »

      in perceiving how tha Coounon ^ o'erthadow * the Lords * House—a Mr . Murrough ' * opinion being practically more important than the opinion of the > great Earl de Trop , wio only jcepr « sent » the view » of Lady de Trop , who sits in the gallery , carefully taking notice that his brother peer * take as little notice as she does of her spouse ' s sagacity . Yes ; ta a lover of freedom it is gratifying to observe th * t » peer is nowhere of bo little importance as ia the House of Pears . Yes : we have advanced in liberty —the Lorda , last night , knew just as little a « the Commons of the causes and objects of the irarl Delolme was right : ours is the constitution for g-uaranteeing self-goveinment to a people .

      Untitled Article

      A ^ R ri , I , 1854 . ] THE LEASER , 303

      Untitled Article

      * Oar Frcn eh contemporary , the Jowmal d 4 m Itibatt which will hardly be auapeototl of any subversive proposl tion , in noticing recently Lord John Kussell ' a Btll to amend the Parliamon-tary Oath * -with respect to the Jews , says thai real religious , toleration ciuinot bo said bo exist in Enplane so \ o \\ % as any man whoso conscience is cYjullopgod to utteBi itfjelf haa ~ aot the right to reply , " That ia no business m 1 / oura .

  • Citation
    • Leader (1850-1860), April 1, 1854, page 303, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/l/issues/vm2-ncseproduct2032/page/15/