a sum of money on loan). The latter remains in possession expiration of a fixed time, the vendor does not repay the principal and interest. altogether if, after the Proposed Rules.-If capital from the British settlements in the Straits of Malacca and from other countries is to be attracted to Perak and the other Native States in the Peninsula, it will be expedient, probably, to advise some modification of the Malay system of land tenure. It will be desirable, as far as possible, to use the existing system. as a stem on which to graft improvement. It is highly desirable to get rid of such taxes as Hasil klamin, Kalau Béman, Kapala Boya, and the tenth on produce. All these taxes are difficult to collect at all and impossible to collect except through Native agency. The employment of Native headmen as tax collectors, though frequently unavoidable, leads often to misappropriation of money and diminution of returns. To farm such taxes out is simply to deliver the ryot from the Penghulu to give him to the farmer, and the ryot will always prefer the Penghulu. The amount realised from the collection of such taxes as those enumerated above must vary according to the population, and there can never be more than a very conjectural and uncertain check upon the genuineness of the returns. Besides this a tax on the individual without reference to his position, which oppresses the poor man, while it is unnecessarily lenient to the rich one, has little to recommend it. Land, on the other hand, being immovable, is a subject regarding which accurate statistical information can be obtained with a little trouble, and a tax calculated upon acreage will be fairer to all agricultural Malays than the present taxes. It would seem desirable that as new land rules are gradually introduced, and as district after district is dealt. with and the lands in it are registered, the Malay taxes and tenure should gradually disappear and give place to a proper revenue system. In the meantime, Malay law and custom should be strictly recognised, the fact that all land belongs to the State and not to individuals should be always borne in mind, the ancient taxes should be collected in full, and sales and mortgages discountenanced. I have been astonished to find in Larut, a province of the Native State of Perak, settlers (from Penang) using printed conveyances and mortgages in English; legal language only applicable to lands held under our laws being ignorantly employed. ANNEX 3. Papers relating to the Agreement between Sultan Ali and Tunku Silawatang. No. 1. The Agreement. (Translation of the original document written in Tunku Silawatang's Book.) THE year of the prophet, with the blessing and peace of God, one thousand two hundred and seventy eight, 1278, on the twentieth day of the month of Zulkaedah. Whereas on this date is translated into this book, namely, the agrement (Perjanjian) of Sultan Alli Iskander Shah, that is, the agreement respecting the country of Muar and Kessang adjoining (the territory of) the Temmenggong Sri Maharajah-to wit that which has been agreed upon between Sultan Alli and myself, namely, Tunku Silawatang in the country of Singapore, as mentioned below. The year of the prophet with the blessing and peace of God, one thousand two hundred and seventy three, 1273, on the fifteenth day of the month of Zulkaedah. Whereas, on this date, it is made known that I, Silawatang Kalek Pengaji Silawatang Bugis, have promised and declared to the Sultan Alli Iskander Shah or his representative (wakil), while uttering the name of God and his Apostle, that I shall not by any means disobey or violate the commands and authority as hereunder mentionedwhoever (of us) shall violate them shall bear the curse of God for ever. Article the first. I, Silawatang, have acknowledged that I can work for and take charge of the districts of Muar and Kessang, whatever part of them in the territory of Sultan Alli, adjoining that of the Temenggong Sri Maharajah, made by the (English Government at Singapore on the tenth day of March in the year 1855), that is, I have the consent of Sultan Alli enabling me to govern the districts abovementioned, according to the manner and rule dictated by the Sultan or his representative to me, which is what I 1 must carry out as long as this power is granted to me. so it is. Article the second. Whatever nationality of people living in the said districts, or persons carrying on trades there-whosoever of them refuse to submit to the rule of Sultan Alli, I have the power to force them, or do any thing I deem proper, that they may all obey the rule. Article the third. I, Silawatang, must prohibit all kinds of wicked acts to be done to any nationality residing in the districts, or persons carrying on trades, that is, also their goods and property; thus must I entirely watch over whatever shall be beneficial, and shall tend to increase the country, in order that profit and benefit may be obtained by the two parties herein mentioned. Article the fourth. When all the affairs of the said districts shall have been settled, then Sultan Alli or his representative shall determine the laws and customs, whatever ought to be done, that may tend to the welfare of all the nations living in the districts, and also those carrying on trades. Article the fifth. All the revenue or taxes derived from the said districts, whatever is obtained after deducting all the expenditure thereof, namely, the remainder shall be divided into three parts-two parts to go to Sultan Alli, and one part to me, Silawatang, together with my followers now with me. Article the sixth. All the revenue above mentioned, whatever portion of it could be collected, shall be counted up once in every six months; and, whatever sum of it there be, shall be divided in the manner mentioned in the Article in the fifth above. Article the seventh. All the matters mentioned (above) in this Agreement have been acknowledged by both the parties herein named, who shall never fail, whichever one of them shall fail or violate them shall pay a fine of five thousand dollars, $5,000, together with whatever expense incurred in the affair. It is so. (Sd.) SULTAN ALLI ISKANDER SHAH. (Seal of Sultan Alli.) No. 2. Tunku Silawatang Qualla Kessang to the Resident of (Translation of Malay copy from Tunku Silawatang's Book.) (After compliments.) FURTHERMORE, I inform you, my friend (Sahabat Sahya) about my affairs, which I can no longer bear, namely, about my agreement with the Yang-di-par-Tuan of Singapore, that is Sultan Alli Iskander Shah, regarding the affairs of the country of Muar and Kessang which adjoin the territory of the Temenggong of Singapore, that is, Sri Maharajah. It is now a very long time since I and Sultan Alli swore on oath and pledged our word according to the document of which a copy has been made, which I now send you—wherein are all the agreements made between me and Sultan Alli-in order that you may know about all the complaints I place before you, and thereby you may be able to consider about and settle the various matters I mention below:-Firstly-There were three men whom I ordered to go up the river to the Ulu (interior to Buloh Akar taking a capital of two or three hundred dollars; these were all three killed with poison, namely, Omar, Pak-Darak, and Wak Sengok, by the Temenggong of Muar, Inchi Ismael, and not any portion of their effects came back to me; it is three years now and still nothing has been settled by Sultan Alli or the people of the country. Secondly-I ordered four men to guard the people on the hill, and they were all four killed from being shot; they had with them three pieces of opium. Moreover all their implements, goods and weapons were taken away by the Panglima of the Temenggong. The names of those who were killed were, first, Se Malok, second, Se Prima, third, Se Sekat, and fourth, a Malay man, and the man who killed them was called Panglima Chu, ordered by the Temenggong of Muar. This again was not inquired into by the Sultan, much less the inhabitants of the country. Thirdly I ordered two men to go to Doke, the first named Nakhoda. Laut, the second named Se-Abu, to look after Doke. The one named Nakhoda Laut was shot dead, and the other one was poisoned, so both died; and of their things which were returned to me were one musket and one kris, and all the rest was seized by the people. This again was not examined into or adjusted. Fourthly-I ordered three men to take charge of Tanah Merah, first named Se Janggot, second Se Tinggi (Tankie) third Se Lama; and of these the one named Se Lama was shot, and the cther two went to my friends at Chohong, where there were three of them, named Daing Marewa, Wak Kandee and Se Gambang; so there were five of them with those who came from Tanah Merah. These were also poisoned, and one named Wak Kandee died. It was Daing Marewa who came to me, and of his thingsone box was left to the Panghulu Ma-Asen, and a female debtor-servant (orang berutang) whose debt was eleven dollars and a half, and Daing Marewa's wife and children were also left to the Panghulu Ma-Asen and the 8,000 gantangs of paddy levied was also left with the Panghulu at Chohong. With regard to the things in the box, it was easily broken open by the Panghulu and the debtor-servant he ordered to escape into the Company's land (British territory) and Daing Marewa's family was also ordered to run away there; and as to the 8,000 gantangs of paddy, that also was finished, having been squandered away any how, divided here and there or sold. This again was not inquired into or settled. Moreover, (I may add) such has been the state of things. My men who took charge of the hill, or Doke, Tanah Merah or Chohong, had all of them my consent, and I on my part had leave from you (Tuan Resident) or the Magistrate (Tuan Hakim). It was your and the Magistrate's instruction that I was not by any means ever to make any disturbance in the Temenggong of Singapore's land, which adjoins that of Sultan Alli. If I made a disturbance in the Temenggong Sri Maharajah's territory, the Magistrate said that it would be the same as if I had attacked the territory of Malacca or Singapore or the island of Penang; and if the Temenggong Sri Maharajah's men did such a thing both you and the Magistrate said that I was to tell you or hin about it. |