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'Baroda Enquiry Commission Report, 1874' [143v] (291/502)
The record is made up of 1 volume (249 folios). It was created in 1 Nov 1873-14 Feb 1874. It was written in English. The original is part of the British Library: India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. Records and Private Papers Documents collected in a private capacity. .
Transcription
This transcription is created automatically. It may contain errors.
2
The sentence passed upon him was one year's imprisonment, not fourteen, and
in addition to this he was called on to find security for Rs. 200, not to repeat his
offence.
Final Statement by the Resident.
The case of Manekla] Vithal was entered in Schedule I. on the ground that in
the opinion of the Resident, it was distinctly proved that Maneklal Vithal was a
British subject.
The grounds of the Resident's opinion on this subject are as follows : —
1. That Maneklal is at the present time a permanent resident of Ahmedabad,
carrying on business there, and owning house property in Ahmedabad.
2. That Maneklal has lived all his life in Ahmedabad, and has never lived in
Baroda except for short intervals, when he has come to Baroda for business.
3. That although he possesses a house in Baroda, he does not reside in it,
but lets it for hire.
The truth of these facts has never been denied, but it has been urged by the
.
Durbar
A public or private audience held by a high-ranking British colonial representative (e.g. Viceroy, Governor-General, or member of the British royal family).
that Maneklal possesses house property in Baroda, and has paid house
assessment first in 1869, and has been entered in the Baroda census returns as a
Baroda subject. On these slight grounds it has been contended by the
Durbar
A public or private audience held by a high-ranking British colonial representative (e.g. Viceroy, Governor-General, or member of the British royal family).
that Maneklal Vithal is not a British but a Baroda subject.
It has been decided by the Commission that Maneklal Vithal is not entitled
to the privileges and protection of a British subject. Considering the evidence
which the Resident was prepared to bring forward had he been allowed by the
Commission to do so, and the fact that, agreeably to para. 7 of Commission's
letter of November 1st, the Resident was empowered to decide authoritatively
who were entitled to the protection of British subjects, the Resident is unable to
account for the decision which has been arrived at, and he ventures most respect
fully to submit that if the decision in this case be upheld, it will be impossible
in practice to decide who are and who are not entitled to be considered as British
subjects. The Resident would therefore respectfully solicit that the decision on
this point may be reconsidered, because, in consequence thereof, the petitioner
has been again consigned to the Baroda jail, upon a charge which the Resident
believes to have been wholly without foundation.
Whether Maneklal Vithal be or be not a British subject, the merits of his
case are entirely unaffected. He was convicted in Baroda of the alleged offence
of writing a defamatory letter to his brother in Ahmedabad, and the proceed
ings of his trial have been produced. It is most significant that there is in
these proceedings no evidence against Maneklal himself, except what purports
to be his own confession. The genuineness of his confession is denied by
Maneklal, who states that he never made it, and that the signature of his name is
a forgery. Maneklal further states that he never wrote any letter at all to his
brother in Ahmedabad, and his brother Nanji denies having received any such letter,
and was prepared to have given evidence to this effect before the Commission.
Taking into consideration the numerous cases of alleged false confession and
false statements emanating from the
Durbar
A public or private audience held by a high-ranking British colonial representative (e.g. Viceroy, Governor-General, or member of the British royal family).
, which it has been the Resident's
duty to bring to the notice of the Commission, the Resident respectfully submits
that the mere submission of proceedings by the
Durbar
A public or private audience held by a high-ranking British colonial representative (e.g. Viceroy, Governor-General, or member of the British royal family).
cannot be accepted as
even prima facie proof of the regularity of
Durbar
A public or private audience held by a high-ranking British colonial representative (e.g. Viceroy, Governor-General, or member of the British royal family).
judicial proceedings. The
petitioner in th's case appears to have been treated with extreme injustice, and
it is respectfully submitted that whether he be a Baroda or a British subject, he
is entitled to the protection of the British Government against the oppressive
action of the
Durbar
A public or private audience held by a high-ranking British colonial representative (e.g. Viceroy, Governor-General, or member of the British royal family).
Court.
The Resident would therefore respectfully recommend, that whether the
petitioner be or be not entitled to damages, the
Durbar
A public or private audience held by a high-ranking British colonial representative (e.g. Viceroy, Governor-General, or member of the British royal family).
be at once advised to
release him from confinement or to allow him to return without further molesta
tion to Ahmedabad.
About this item
- Content
Report of the Baroda Enquiry Commission on the administration of the government of Malharrao, Gaekwar of Baroda. The Commission comprised Richard John Meade (President), Edward William Ravenscroft, Mumtazul Dowlah Nawab An honorific title; an official acting as a provincial deputy ruler in South Asia; or a significant Muslim landowner in nineteenth century India. Faiz Ali Khan, Colonel Alfred Thomas Etheridge and Thomas Duncan Mackenzie (Secretary).
The report comprises a letter from the members of the Baroda Enquiry Commission to the Secretary to the Government of India, Foreign Department presenting their report on the results of the proceedings and submitting copies of correspondence, reports and statements relative to the enquiry (ff 5-19):
Appendix A, Part I
- Schedules I-III: Complaints and grievances against the Gaekwar's Government from individuals and groups (ff 21-78).
- Appendix B, Schedules I-III: Cases of complaint and grievance which the commission did not look into during the enquiry (ff 79-81).
- Appendix C: Letter from Colonel Richard John Meade, President, Special Commission of Enquiry on Baroda Affairs, to Colonel Robert Phayre, Resident at Baroda, 1 November 1873 (ff 82-83).
- Appendix D: Translation of an amended notice issued by the Resident to complainants desirous of appearing before the Baroda Enquiry Commission (ff 84-85).
- Appendix E: Schedules presented to the Commission along with Colonel Phayre's introductory statement regarding them. (ff 86-131).
- Appendix F: Letter No. 1128 of 1873 from Colonel Phayre to the President, Baroda Commission regarding the cases already submitted to the Commission, the List of undisposed petitions to be attended to by the Resident which could be used as additional cases if required and the statements that he had yet to make on cases under enquiry by the Commission (ff 132-133).
- Appendix G, Schedule I: Statements from witnesses with cross examination statements from the Durbar A public or private audience held by a high-ranking British colonial representative (e.g. Viceroy, Governor-General, or member of the British royal family). on behalf of the Gaekwar and statements from the Resident as to the accuracy of the information provided (ff 134-229).
Appendix Part II (ff 231-245)
- Letter from James Braithwaite Peile, Acting Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. , Kattywar [Kathiawar] to T D Mackenzie, Secretary, Baroda Commission, 13 December 1873 regarding papers requested by the Commission and informing them that the outstanding paper will be forwarded as soon as they are received. Enclosed with the letter are a memorandum from Peile for reconstitution of His Highness the Gaekwar's Contingent in Kattywar, 13 December 1873 and Rule for the guidance of the Officers and Kamdars appointed to the Contingent of Horse of His Highness the Gaekwar, serving in the various Tributary Mahals according to treaty.
- Letter from Peile to Mackenzie, 6 January 1874, forwarding a report and returns received from Colonel Walker, Superintendent to the Gaekwar's Contingent in Kattywar and stating that he does not concur with the Colonel's opinion. Enclosed with this letter is a letter from Colonel Chamberlen William Walker, 30 December 1873, providing the information on the Contingent requested by the Commission and enclosing an extract of the Contingents annual report for 1871 and a statement of the men within the Contingent on duty under officials paid by Talukdars etc, 06 March 1872.
- Letters from John Whaley Watson, Acting Political Superintendent Pahlanpur [Palanpur], Captain Henry Nicholas Reeves, Acting Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. Rewa Kanta [Rewa Kantha] and Major Philip Harrison Le Geyt, Acting Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. , Mahi Kanta [Mahi Kantha] to the secretary of the Baroda Commission 19 December 1873 to 9 January 1874 reporting on the Gaekwar's contingents serving within their districts and commenting on numbers of men, pay and conditions. The letters all refer to enclosed returns, but only the return for Mahi Kanta is included in the report.
- Extent and format
- 1 volume (249 folios)
- Physical characteristics
Foliation: the main sequence of foliation consists of a small pencil number in the top front right hand corner of each folio enclosed in a circle.
There is also an original sequence of foliation which consists of larger pencil numbers also in the top front right hand corner of folios, however the sequence is not consistent and some of the numbers may be filing references rather than foliation numbers.
- Written in
- English in Latin script View the complete information for this record
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- Reference
- Mss Eur F126/78
- Title
- 'Baroda Enquiry Commission Report, 1874'
- Pages
- front, back, spine, edge, head, tail, front-i, 2r:248v, back-i
- Author
- East India Company, the Board of Control, the India Office, or other British Government Department
- Usage terms
- Open Government Licence