FOOTNOTES:

[356] Mill, in his _History of British India_, substantiates the thesis

that under primitive conditions the land belongs always and everywhere

to the sovereign, on evidence collected at random and quite

indiscriminately from the most varied sources (Mungo Park, Herodotus,

Volney, Acosta, Garcilasso de la Vega, Abbé Grosier, Barrow, Diodorus,

Strabo and others). Applying this thesis to India, he goes on to say:

'From these facts only one conclusion can be drawn, that the property of

the soil resided in the sovereign; for if it did not reside in him, it

will be impossible to show to whom it belonged' (James Mill, _History of

British India_ (4th edition, 1840), vol. i, p. 311). Mill's editor, H.

H. Wilson who, as Professor of Sanskrit at Oxford University, was

thoroughly versed in the legal relations of Ancient India, gives an

interesting commentary to this classical deduction. Already in his

preface he characterises the author as a partisan who has juggled with

the whole history of British India in order to justify the theories of

Mr. Bentham and who, with this end, has used the most dubious means for

his portrait of the Hindus which in no way resembles the original and

almost outrages humanity. He appends the following footnote to our

quotation: 'The greater part of the text and of the notes here is wholly

irrelevant. The illustrations drawn from the Mahometan practice,

supposing them to be correct, have nothing to do with the laws and

rights of the Hindus. They are not, however, even accurate and Mr.

Mill's guides have misled him.' Wilson then contests outright the theory

of the sovereign's right of ownership in land, especially with reference

to India. (Ibid., p. 305, footnote.) Henry Maine, too, is of the opinion

that the British attempted to derive their claim to Indian land from the

Mahometans in the first place, and he recognises this claim to be

completely unjustified. 'The assumption which the English first made was

one which they inherited from their Mahometan predecessors. It was that

all the soil belonged in absolute property to the sovereign,--and that

all private property in land existed by his sufferance. The Mahometan

theory and the corresponding Mahometan practice had put out of sight the

ancient view of the sovereign's rights which, though it assigned to him

a far larger share of the produce of the land than any Western ruler has

ever claimed, yet in nowise denied the existence of private property in

land' (_Village Communities in the East and West_ (5th edition, vol. 2,

1890), p. 104). Maxim Kovalevski, on the other hand, has proved

thoroughly that this alleged 'Mahometan theory and practice' is an

exclusively British legend. (Cf. his excellent study, written in

Russian, _On the Causes, the Development and the Consequences of the

Disintegration of Communal Ownership of Land_ (Moscow, 1879), part i.)

Incidentally, British experts and their French colleagues at the time of

writing maintain an analogous legend about China, for example, asserting

that all the land there had been the Emperor's property. (Cf. the

refutation of this legend by Dr. O. Franke, _Die Rechtsverhältnisse am

Grundeigentum in China_, 1903.)

[357] 'The partitions of inheritances and execution for debt levied on

land are destroying the communities--this is the formula heard nowadays

everywhere in India' (Henry Maine, op. cit., p. 113).

[358] This view of British colonial policy, expounded e.g. by Lord

Roberts of Kandahar (for many years a representative of British power in

India) is typical. He can give no other explanation for the Sepoy Mutiny

than mere 'misunderstandings' of the paternal intentions of the British

rulers. '... the alleged unfairness of what was known in India as the

land settlement, under which system the right and title of each

landholder to his property was examined, and the amount of revenue to be

paid by him to the paramount Power, as owner of the soil, was regulated

... as peace and order were established, the system of land revenue,

which had been enforced in an extremely oppressive and corrupt manner

under successive Native Rulers and dynasties, had to be investigated and

revised. With this object in view, surveys were made, and inquiries

instituted into the rights of ownership and occupancy, the result being

that in many cases it was found that families of position and influence

had either appropriated the property of their humbler neighbours, or

evaded an assessment proportionate to the value of their estates.

Although these inquiries were carried out with the best intentions, they

were extremely distasteful to the higher classes, while they failed to

conciliate the masses. The ruling families deeply resented our

endeavours to introduce an equitable determination of rights and

assessment of land revenue.... On the other hand, although the

agricultural population greatly benefited by our rule, they could not

realise the benevolent intentions of a Government which tried to elevate

their position and improve their prospects' (_Forty One Years in India_,

London, 1901, p. 233).

[359] In his _Maxims on Government_ (translated from the Persian into

English in 1783), Timur says: 'And I commanded that they should build

places of worship, and monasteries in every city; and that they should

erect structures for the reception of travellers on the high roads, and

that they should make bridges across the rivers.

'And I commanded that the ruined bridges should be repaired; and that

bridges should be constructed over the rivulets, and over the rivers;

and that on the roads, at the distance of one stage from each other,

Kauruwansarai should be erected; and that guards and watchmen should be

stationed on the road, and that in every Kauruwansarai people should be

appointed to reside....

'And I ordained, whoever undertook the cultivation of waste lands, or

built an aqueduct, or made a canal, or planted a grove, or restored to

culture a deserted district, that in the first year nothing should be

taken from him, and that in the second year, whatever the subject

voluntarily offered should be received, and that in the third year,

duties should be collected according to the regulation' (James Mill, op.

cit., vol. ii, pp. 493, 498).

[360] Count Warren, _De l'État moral de la population indigène_. Quoted

by Kovalevski, op. cit., p. 164.

[361] _Historical and Descriptive Account of British India_ from the

most remote period to the conclusion of the Afghan war by Hugh Murray,

James Wilson, Greville, Professor Jameson, William Wallace and Captain

Dalrymple (Edinburgh, 4th edition, 1843), vol. ii, p. 427. Quoted by

Kovalevski, op. cit.

[362] Victor v. Leyden, _Agrarverfassung und Grundsteuer in Britisch

Ostindien. Jahrb. f. Ges., Verw. u. Volksw._, vol. xxxvi, no. 4, p.

1855.

[363] 'When dying, the father of the family nearly always advises his

children to live in unity, according to the example of their elders.

This is his last exhortation, his dearest wish' (A. Hanotaux et A.

Letournaux, _La Kabylie et les Coûtumes Kabyles_, vol. ii, 1873, 'Droit

Civil', pp. 468-73). The authors, by the way, appraised this impressive

description of communism in the clan with this peculiar sentence:

'Within the industrious fold of the family association, all are united

in a common purpose, all work for the general interest--but no one gives

up his freedom or renounces his hereditary rights. In no other nation

does the organisation approach so closely to equality, being yet so far

removed from communism.'

[364] 'We must lose no time in dissolving the family associations, since

they are the lever of all opposition against our rule' (Deputy Didier in

the National Assembly of 1851).

[365] Quoted by Kovalevski, op. cit., p. 217. Since the Great

Revolution, of course, it had become the fashion in France to dub all

opposition to the government an open or covert defence of feudalism.

[366] G. Anton, _Neuere Agrarpolitik in Algerien und Tunesien. Jahrb. f.

Gesetzgebung, Verwaltung und Volkswirtschaft_ (1900), pp. 1341 ff.

[367] On June 20, 1912, M. Albin Rozet, on behalf of the Commission for

the Reform of the 'Indigenat' (Administrative Justice) in Algeria,

stated in his speech to the French Chamber of Deputies that thousands of

Algerians were migrating from the Setif district, and that 1,200 natives

had emigrated from Tlemcen during the last year, their destination being

Syria. One immigrant wrote from his new home: 'I have now settled in

Damascus and am perfectly happy. There are many Algerians here in Syria

who, like me, have emigrated. The government has given us land and

facilities to cultivate it.' The Algerian government combats this

exodus--by denying passports to prospective emigrants. (Cf. _Journal

Officiel_, June 21, 1912, pp. 1594 ff.)

_CHAPTER XXVIII_

The Accumulation of Capital · 第 104 / 118 题