The History of Java, v. 1-2

by Sir Thomas Stamford Raffles

60. But by this mere grant of lease, it was not by any means understood that any acknowledgment was made of proprietary right to the soil existing in those heads of villages. It was simply a step, arising from the necessity of the occasion, from the impracticability of at once entering upon a more detailed plan, and which at the moment of its adoption was meant to be considered as temporary, to be no longer adhered to, if, on the acquisition of further knowledge, a more particular system of management should be deemed advisable.

61. The nature of landed tenure throughout the island is now thoroughly understood. Generally speaking, no proprietary right in the soil is vested in any between the actual cultivator and the sovereign; the intermediate classes, who may at any time have enjoyed the revenues of villages or districts, being deemed merely the executive officers of government, who received those revenues only from the gift of their lord, and who depended on his will alone for their tenure. Of this actual proprietary right, there can be no doubt that it originally vested solely in the sovereign; but it is equally certain, that the first clearers of the land entitled themselves, as their just reward, to such a real property in the ground they thus in a manner created, that whilst a due tribute of a certain share of its produce for the benefit of being well governed was paid to the sovereign power, that in return was equally bound not to disturb them or their heirs in its possession. The disposal of this government share was, therefore, all that could justly depend on the will of the ruling authority, and consequently the numerous gifts of lands made at various periods by the several sovereigns, have in no way affected the right of the actual cultivator:​—all that any government could alienate was merely its own revenue or share of the produce. This subject has come under full discussion; and the above result, as regarding this island, has been quite satisfactorily established.

62. The continuance, therefore, of the village system becomes only a matter of consideration, on the grounds of whether it is more beneficial than any other to government, or most likely to be conducive to the general prosperity and welfare of the mass of the population.

63. No doubt, however, remains on the mind of government on this question. The agency of the intermediate renters is considered as quite unnecessary to be adopted in future. It is deemed, that such a plan of settlement will leave the interest of the bulk of the people entirely at the mercy of a set of numerous petty chiefs, who, however well they may have hitherto conducted themselves, would certainly, in such case, possess an ability of injury and oppression, against which the ruling power would have left itself no adequate means of prevention or redress, and which cannot therefore be permitted, consistently with the principles of good government.

64. It has, therefore, been resolved, that this intermediate system be entirely done away, the government determining to act, in future, through its immediate officers, directly with each individual cultivator, and to stand forward, in short, the sole collector and enjoyer of its own revenues. On every view, indeed, of the subject, the tiang-halit (or as it is termed in Western India, where it is understood to have been advantageously introduced, the ryot-war settlement) is considered as that which will at once prove most satisfactory to the people, and most beneficial to the government.

65. In the period that has elapsed since the first settlement, a sufficient knowledge has been obtained, by the most scrutinous investigation into the whole minutiæ of the revenue affairs of the country, to render government now fully competent to carry into execution that more detailed plan, which it was always in their contemplation to introduce, as early as might be practicable.

66. The several collectors will therefore take suitable measures for carrying into effect the desired change, as soon as this may, from local or other circumstances, be possible.

67. Of course, the expiration of the former leases must, in every instance, be awaited; but the several preliminary steps may be proceeded in without further delay. On no account must such leases be renewed.

68. As the term of the greater part of them will be closed by the ensuing puasa, and as the business of the assessment and survey, as above ordered, may with great advantage be carried on together, the principles on which that settlement will proceed will be briefly laid down here. Much however must be necessarily left to the discretion and judgment of the officers to whom its conduct will be entrusted, and on whose zeal, industry, and ability, this government fully relies.

69. As a general rule for the guidance of the collector, he shall continue in possession all such persons as he finds actually holding and cultivating land, and shall receive them as the renters from government in the new settlement. Even though such cultivators shall not be able to adduce proofs of any real property in the land, yet long occupancy, improving culture, and general good conduct while in its possession, are deemed to be claims of no weak nature, and certainly constitute a right, in equity and sound policy, of being considered preferably to any others, who have no such claims; and this right government is determined to respect.