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7 - Francis Appeals

The Case for Cultural Continuity

Published online by Cambridge University Press:  05 December 2011

Chandra Mallampalli
Affiliation:
Westmont College
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Summary

On July 16, 1858, only six weeks after the Bellary District Court had ruled in Charlotte’s favor, Francis appealed his case to the Sadr Adalat in Madras. This court heard appeals originating within all of the lower courts of the mofussil. In his letter of appeal, Francis stated that the law of inheritance applicable to the Abrahams is the law for undivided Hindu families. He maintained that he and Matthew had always considered themselves to be undivided brothers. This chapter presents a detailed description of Francis’s appeal. It includes a discussion of Hindu law, the conventions of the Sadr Adalat, Francis’s selection of legal counsel and witnesses, and his key arguments. The chapter concludes with a discussion of the decree and rationale of the Sadr Adalat.

At the Sadr Adalat, Francis’s attorneys were able to match a highly simplified rendition of Hindu law with a particular kind of Christian experience. A central observation being made in this chapter concerns the process of simplification, which created a “user-friendly” Hindu law for courts to administer loosely and broadly. A Hindu law of inheritance was extracted from a complex history of textual interpretation and debates among legal reformers. What resulted was a simplified law, a distillate, which the Sadr Adalat applied to the Abrahams. It rested almost entirely on a distinction between labor springing from familial obligation and that arising from a contractual relationship between an employer and a paid agent. This law was then matched with the “class” of Christians into which the Abraham brothers were born – Roman Catholic converts (and their descendants) who retained their caste traditions and whose families continued to share property between their male members. In spite of the fact that the brothers had become Protestants, Francis selected as witnesses large numbers of Roman Catholic converts to illustrate his and Matthew’s own approach to the division of property (as illustrated in the preceding chapter).

Type
Chapter
Information
Race, Religion and Law in Colonial India
Trials of an Interracial Family
, pp. 184 - 213
Publisher: Cambridge University Press
Print publication year: 2011

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References

Feaver, G.From Status to Contract: A Biography of Sir Henry Maine, 1822–88LondonLongmans 1969Google Scholar
Thomson, ReginaldA Manual of Hindu Law on the basis of Sir Thomas Strange, late Chief Justice of Madras, and Illustrated by the Decisions of the Courts of all the Presidencies, and of the Privy CouncilMadrasHigginbotham and Co. 1878Google Scholar
Denault, LeighPartition and the Politics of the Joint Family in Nineteenth Century IndiaIESHR 46 2009Google Scholar
Sreenivas, MytheliConjugality and Capital: Gender, Family and Property under Colonial LawJournal of Asian Studies 63 2004CrossRefGoogle Scholar
Frykenberg, R. E.Hinduism ReconsideredNew DelhiManohar 1989Google Scholar

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  • Francis Appeals
  • Chandra Mallampalli
  • Book: Race, Religion and Law in Colonial India
  • Online publication: 05 December 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511998416.009
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  • Francis Appeals
  • Chandra Mallampalli
  • Book: Race, Religion and Law in Colonial India
  • Online publication: 05 December 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511998416.009
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Francis Appeals
  • Chandra Mallampalli
  • Book: Race, Religion and Law in Colonial India
  • Online publication: 05 December 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511998416.009
Available formats
×