148 MALAY LAND TENURE. 



1824 was carried into effect. It is true that from 1795 to 

 1818, Malacca had been held by the English, but this was 

 more in the nature of a military occupation, which might 

 come to an end at any time on the cessation of war, than per- 

 manent civil administration. As far as -can be learned, the 

 Government of Malacca between 1795 and 1818 went on very 

 much as it had under the Dutch, save for the removal of res- 

 trictions on cultivation and trade and for the humane reforms 

 of Lord Minto in the criminal procedure.* At all events 

 at first, documents dealing with rights in land were made out 

 in the Dutch language for the signature of the English 

 Governor. 



Taking 1825 as the starting point, what was the land tenure 

 of the Settlement as the British found it in that year ? I 

 reply unhesitatingly that it was the native tenure of the 

 Malays, unchanged in any way either by Portuguese or Dutch 

 rulers, f All the evidence supports this, the absence of any 

 express land laws or regulations passed during the preceding 

 period of European rule, the fact that such records as we have 

 of the Dutch administration exhibit the government uphold- 

 ing the customary rules of native tenure, the fact that in their 

 other eastern possessions the Dutch have consistently main- 

 tained the native tenure as they found it, and the fact that at 

 the date of the final cession of Malacca a code of regulations 

 was under the consideration of the Dutch Government, which 

 is founded in all respects upon local custom and has nothing 

 in common with any European system. 



There were very good reasons why the tenure of Malacca 

 should not have been interfered with. The Portuguese rule 

 was the mere military occupation of a fortress, by which the 

 command of the Straits, and thereby of the eastern trade, was 



* " Malacca was to have been restored to the Dutch at the peace of Amiens, 

 " in 1802 ; but war recommenced (May 1803) before the transfer was made, 

 " and the Dutch falling again under the gripe of France, it consequently 

 " remained in the hands of the British until 1818. The law of Holland con- 

 " tinued to be administered, and the decrees of the courts of justice passed in 

 " the name of their High Mightinesses." — Newbold, I, 126. 



f " The Portuguese, while they held Malacca, and, after them, the Dutch, 

 " left the Malay customs, or lex non scripta, in force." See the judgment of 

 Sir Benson Maxwell in Sahrvp v. Mitchell and ano., Appendix, p. xli, 



