28 THE OWNERSHIP OF LAND 



portion of the British territories in which the last 

 twelve years of an active life have been employed.' 

 Colebrooke wished to obviate the ' melancholy errors ' 

 of the Permanent Settlement in Bengal by the legal 

 recognition of the rights of the tenants, occupants, 

 and sub-proprietors ; he urged that ' a short enact- 

 ment, declaring the resident tenants to be not re- 

 movable as long as they continue to pay the same 

 rent which they have paid during the last five years 

 or in the last year preceding the year in which the 

 Settlement with the zemindar will begin to be perma- 

 nent, would secure, even in these estates, the benefit 

 of such permanency to every class of the agricultural 

 community.' Colebrooke's conception of a permanent 

 settlement was, therefore, of something very different 

 to the measure which has enriched the landowners in 

 Bengal. If his suggestion had been accepted, the 

 landlords of this province would at this day be 

 receiving a bare 10 per cent, on the rental of the land 

 under cultivation in 1820. Other officers besides 

 Colebrooke realized that the tenants and sub-proprie- 

 tors had rights which the English servants of the 

 Company had at first ignored. Mr. H. Newnham (in 

 giving evidence before the Select Committee on the 

 affairs of the East India Company in 1832) said : 'We 

 {i.e., the English) recognise no rights in the ryot. I 

 do not believe we have upheld the rights of the ryot 

 in any part.' And he proceeded, in words which 

 show the change which was coming over official 

 opinion : 'In a few cases there is hereditary affection 

 between the ryot and the zemindar, so that he sets 

 his rent to the Government demand ; but in most 

 cases only the zemindar would profit by a permanent 

 settlement.' 



With the realization of the tenant's rights, it became 

 clear that no settlement could be made in perpetuity 

 which did not give legal recognition to these sub- 

 proprietary rights. As it was impossible to attempt 



