2 Mr. Mayne on ike Administration oj Native Law 



hindrance to their improvement, and its maintenance is im- 

 politic. For instance, those rules which directed the so- 

 vereign to have Brahmans alone as his teachers, councillors, 

 and judges, were probably wise enough in the days of Manu, 

 when all learning was possessed by the highest caste. But 

 they are absolutely unsuitable now, and the Hindus them- 

 selves would consider it the grossest tyranny if they were 

 observed. On the other hand, however suitable it might be 

 to the views of Hindus, that widows should be burnt with 

 their husbands, or compelled to lead a life of compulsory 

 celibacy, it is evident that no enlightened ruler ought to 

 sanction, or even to suffer, such a lav/. 



It is evident, also, that the mere fact that a conquered na- 

 tion is living side by side with a body of conquerors, gives 

 rise to a new state of things, which ought to be considered 

 in every sound system of jurisprudence. The days are gone 

 by when a horde of savages could overrun a civilised state, 

 and it may be safely assumed that every permanent conquest 

 will signalise the victory of a superior over an inferior race. 

 It is merely mock modesty to ignore in legislation a fact 

 which is palpable and admitted. If the conquerors are a 

 superior race, their social condition is probably higher, and 

 their laws are probably wiser. Now to confine the subject 

 population to their own laws, is simply to deny them the 

 benefits of a better code. It is exactly the same mistake 

 which the English made in Ireland, when they refused the 

 rights of English law to the Irish without the Pale. Such a 

 denial, too, tends to perpetuate those very causes of disunion 

 between the two races which it is most important to obli- 

 terate. Religion, laws, language and dress are the four most 

 powerful instruments of amalgamation or separation. The 

 almost absolute union between the English and the East In- 

 dian community arises from the latter having borrowed from 

 us all four. There is nothing to prevent the Hindu adopt- 



