UNIVERSITY OF CALIFORNIA AT LOS ANGELES THE LETTERS GRACCHUS ON THE EAST INDIA QUESTION. LONDON: PRINTED FOR J. HATCHARD, BOOKSELLER ANB PUBLISHER, NO. 190, OPPOSITE ALBANY, PICCADILLY. 1813. Printed by S. Gosnkll, Little Queen Street, London. 7 $ i ADVERTISEMENT. The following Letters appeared in the Mokning Post, at the dates which are annexed to them. The impartial Reader will find in them a strong determination, to uphold the public rights of the Country, with respect to the India Trade ; but he will not discover any evidence of a desire to lower o the just, and well-earned honours, of the East Z India Company, nor any symptom of a disposi- o tion hostile to their fair pretensions. ?V^ LETTERS OF GRACCHUS. LETTER I. GENERAL VIEW OF THE EAST INDIA QUESTION. Tuesday, January 12, 1813. The crisis, at which the affairs of the East India Company are now arrived, is one which involves the most important interests of the British Em- pire. It would be unnecessary to prove a propo- sition which is so universally acknowledged and felt. It has happened however, that, in our ap- proaches towards this crisis, the Public understand- ing has been but little addressed upon the subject; so that the appeal which is now suddenly made to their passions and imaginations, finds them un- prepared with that knowledge of the true circum- stances of the case, which can alone enable them to govern those passions, and control those ima- ginations. Let ua then endeavour to recover the s time which has been lost, by taking a deliberate view of the circumstances which produce this crisis. The crisis, is the proximity of the term which may conclude the East India Company's rights, to the exclusive trade with India and China, and to the powers of government now exercised by them over the Indian Empire. The rights of the East India Company are two- fold ; and have long been distinguished as, their permanent rights, and their temporary rights. Those rights are derived to them from distinct Charters, granted to them at different times by Parliament. By the former, they were created a perpetual Corporate Society of Merchants, trading to India *. By the latter, they obtained, for a limited period of time, the exclusive right of trading with India and China, and of executing the powers of government over those parts of the Indian ter- ritory, which were acquired either by conquest or by negotiation. The Charter conveying the latter limited rights, is that which will expire in the course of the ensuing year IS 14 ; on the expira- tion of which, the exclusive trade to the East will be again open to the British population at large, and the powers of the India Government will lapse * The rights and pretensions of the Company are fully con- sidered in the Tenth Letter. in course to the Supreme Government of the Bri- tish Empire, to be provided for as Parliament in its wisdom may judge it advisable to determine. The renewal of an expired privilege cannot' be pursued upon a ground of right. The exclusive Charter of the Company is a patent, and their patent, like every other patent, is limited as to its duration. But though the patentee cannot al- lege a ground of right for the renewal of his pa- tent, he may show such strong pretensions, such good claims in equity, such weighty reasons of expediency for its renewal, as may ensure its at- tainment. Such are the claims and the preten- sions of the East India Company to a renewal of their Charter; and as such they have been promptly and cheerfully received, both by the Government and the country at large. But the progress of society, during a long course of years, is of a nature to produce a consi- derable alteration in the general state of things ; the state of things must, therefore, naturally be called into consideration, upon the expiration of the term of years which determines the exclusive Charter of the East India Company ; in order to inquire, whether that Charter should be renewed precisely in the same terms, and with the same conditions, as before ; or whether the actual state of public affairs demands, that some alteration, k 2 some modification, of terms and conditions, should be introduced into the Charter or System which is to succeed. The arduous task of this investigation must ne- cessarily fall upon those persons, who chance to be in the Administration of the Country, at the latest period to which the arrangements for the renewal of the Charter can be protracted ; and it is hardly possible to imagine a more difficult and perplexing position, for any Administration. Those persons, if ihey have any regard for the duties which they owe to the Public, will consider them- selves as standing between two interests ; the inte- rest of those who are about to lose an exclusive right, and the interest of those who are. about to acquire an open and a common one. They will be disposed to listen, patiently and impartially, to the pretensions of both parties ; of those who pray for the renewal of an exclusive privilege, and of those who pray that they may not be again wholly excluded from the right which has reverted. And although they may amply allow the preference which is due to the former petitioners, yet they will endeavour to ascertain, whether the latter may not, with safety to the public interest, receive some enlargement of the benefits, which the op- portunity opens to them, and from which they have been so long excluded. While they thus look alternately to each of these interests, and are engaged in striving to establish a reconciliation between the two, it will be neither equitable nor liberal for one of the interested par- ties to throw out a doubt to the Public, whether they do this Cf from a consciousness of strength, " and a desire of increasing their own power and " influence, or from a sense of weakness and a * c wish to strengthen themselves by the adoption ol and sober reflection, it may not be unaccept- able to the Proprietors at large to look calmly and attentively into the subject ; and to examine its bearings on their own substantial interests. It must be manifest to every man, who will only refer to the accounts which have been published in the Reports of the Select Committee of the House of Commons, that, from the magnitude of the Company's debt, it would be impossible to calcu- late the time at which the Proprietors could con- template any augmentation of their present divi- dends of 10J percent. ; even though the Charter, instead of being within one year of its expiration, had an extended period of twenty years to operate. It is equally manifest, from the correspondence of the Court of Directors with Government, that, in agreeing to the proposition of opening the Ex- port Trade to the out-ports of the United King- dom, they were free from any apprehension, that the continuance of the present dividend could be endangered by their conceding that point. And, therefore, although the Proprietors were precluded from entertaining any reasonable expectation of an increase to their dividends, they were perfectly warranted to consider the continuance of that which they now receive, as fre from any hazard, u in consequence of the extension proposed to be granted to the Export Trade. Whether they may remain in the same confi- dence, under all existing circumstances, is a question which the Proprietors are now earnestly solicited to examine. The point at issue (if I may apply that expression to a case, in which the Company are upon the disadvantageous ground of petitioning for the renewal of a privilege, now about to expire) is, whether the ships which shall be permitted to clear out from the out-ports of the United Kingdom, ought to be allowed to return to any given description of those ports, or whe- ther they should all be compelled to enter at the Port of London ? And upon this point is made to hinge a question, which may affect (not the Bri- tish Empire and Constitution, but) the main inte- rest of the Proprietors, namely, their dividends. For no man can be so inconsiderately sanguine as to suppose, that the Company, under the present pres- sure of their pecuniary embarrassments, (whatever may have been the causes from whence they have arisen ;) embarrassments proceeding from a debt, in India and in England, of more than forty-two millions ; nearly four millions of which are in ac cepted bills on England, which will shortly become due, and for the payment of which there are not funds at the India House ; no man can be so inconsiderately sanguine as to suppose, that the 2 15 dividend may not become a little precarious, under such circumstances. It must be evident to the most superficial observer, that the credit of the Company with the Public can only be sustained by the prompt and liberal aid of Parliament ; and it will hardly be maintained, that it is a propitious mode of soliciting that aid, to connect with the solicitation an avowed determination to oppose a measure, which Government represent it to be their duty to recommend to Parliament, for the general benefit of the community ; a measure, founded on, and growing out of, the principle of the Charter of 1793, which first opened the private trade between India and this country ; the provi- sions respecting which trade have been progres- sively extended at subsequent periods, and of which trade the Public will now call for a further enlargement and participation, as a just and ne- cessary qualification to the proposed renewal of the Company's Charter. The City of London, indeed, is now an excep- tion, and apparently a very weighty one, to this general call ; but it will lose much of that weight with the Public, and must fall into the scale of an interested party, when it is recollected, that so long as the question between the Company and the Public was, whether the commerce with India should remain a strict monopoly, or whether a participation in it should be granted to individuals, 1(3 under the restriction of importing to London^ tl>2 commercial interest of the metropolis was power- fully incited against the Company ; and that, to that great commercial interest, supported hy the weight of Mr. Dundas's opinion, and to the more enlarged view which Lord Wellesley took of the subject, the extension that has hitherto been given to the private trade with India is to be attri- buted. The experience of twelve years has now proved, that both India and the parent state have greatly benefited by that extension ; and it has followed, as a necessary consequence of that expe- rience, that the active and intelligent merchants of the other large ports of the United Kingdom, have urged their fair pretensions, to be admitted to a share in the profits of that widely diffused trade ; by sending their merchandise from their own ports, and by receiving the returning cargoes into their own warehouses, in those ports. A reference to the printed papers (as has already been signified) will show, that the Court of Direc- tors were prevailed upon to concede the Jirst of those points, but that they have been immoveable with respect to the second ; although their own commercial knowledge must have made it evident to them, that the concession of the first, that is, a free export, would be nugatory, unless supported by the benefit arising from the freedom of import ; which is not only in the proportion of four to one in amount to the export, but is requisite to give that unity to the concern, without which great commercial establishments cannot be kept up. Such is the state of the question, or, as it has been called, by some strange perversion of ideas, the negotiation, between the Company, as appli- cants for a renewal of their Charter which is about to expire, and the Government, through whose aid it is to be solicited, or at least, without whose concurrence it is certainly very questionable, whe- ther they would be able to obtain it. These are the circumstances, under which the affairs of the East India Company must necessarily, and speedily, be brought forward, for the consideration of Parliament. Can it, then, be considered an ex- aggerated view of the hazards of such a situation, to suppose, that some guardian of the public purse may deem it requisite to inquire, whether the ap- plication for pecuniary aid from Parliament ought not to be preceded by a substantial proof, not of concession, for they have in fact nothing to con- cede, but of something like accommodation on the part of the Proprietors ? And in that event, might it not be questioned, whether, since the dividend of 10 per cent, was sanctioned upon an assump- tion, that the revenue of the Company yielded a surplus of upwards of a million ; now, when in- stead of a surplus, a deficit is admitted to exist, the dividend ought not to be reduced^ not merely D 18 to the standard from which it had been raised under the supposed prosperous state of the Com- pany's affairs, but to a standard to be regulated by the amount of the ascertained profits upon their own trade, under whatever circumstances it may hereafter be conducted ? It is not meant to insinuate, that any condition of the kind alluded to is likely to be imposed, in granting the relief so pressingly required by the present exigencies of the Company ; but if a ne- cessity for the winding up of their affairs, as an exclusive Company, should arrive, and if their own resources, with the profits they may derive from their commerce as a Corporate Body, should not be adequate to the payment of a dividend of 104 per cent. ; could it reasonably be expected, that Parliament would, in all future times, extend its liberality towards the Proprietors of India stock, to the extent of securing to ihem a continuance of their present dividend ? It is to be feared, that those who may have calculated upon such a result, have taken a false measure of their prospective situation ; and it is on account of this apprehension, that it appears highly important to call the attention of the Pro- prietors to the care of their own substantial interest in the dividend ; an interest, which to them is, and must be paramount. GRACCHUS. i& LETTER III. Thursday, January 14, 1813. It is at all times an object equally interesting and instructive, to trace the origin of laws and institu- tions, and to follow them in the progress of their operation ; but this inquiry becomes more power- fully attractive, when the pursuit is stimulated by an anxiety to defend a supposed right, or to ac- quire an extension of advantages which are already possessed. Such an investigation appearing to be a ne- cessary sequel of the subject treated of in a former communication, let us now take a succinct view of those provisions of the Act of 1793, by which the East India Company, upon the last re- newal of their Charter for a fixed time, were call- ed upon to relax from the exclusive restrictions of the monopoly which they had so long enjoyed. Taking that Act as the source and origin from whence the present India Question arises, let us briefly follow the subject in its progress, down to the propositions that are now before the Public. . It is necessary to premise, that the Company . had, from an early period of their commerce, granted as a favour and indulgence to the Captains d 2 20 and Officers of their ships, permission to fill a regular portion of tonnage with certain pre- scribed articles, upon their private account, subject to the condition ; that those privileged articles should be lodged in the warehouses of the Com- pany, that they should be exposed by them at their sales, and that they should pay from 7 to 5 per cent, to cover the charge of commission and merchandise. The Act of J 793, relieved the trade carried on under this indulgence, by reducing the rates of charge to 3 per cent. ; which was established as the rate, at which the more enlarged trade, for the first time allowed by that Act to private merchants unconnected with the Company, should pay to the Company ; which trade was then limited to 3000 tons, the shipping for which was to be pro- vided by the Company, who were to be paid freight for such tonnage, and were to have the same control over the goods which might be im- ported, as they already exercised over the trade of their Captains and Officers. It was soon found, that the conditions, under which this trade was opened, changed its operations, o as to render the privilege of little value. The re~ sidents in India, for whose benefit it was professed to have been principally intended, presented me- morials upon the subject to the Governments . abroad ; mid the merchants of London represented 21 to the authorities in England, the necessity of an enlargement of the principle, as well as a correc- tion of the regulations. It is not necessary, to go into any detail of the reasons upon which those applications were supported ; because Mr. Dundas, who then presided over the affairs of India, and who had introduced and carried through Parlia- ment the Bill of 1793, did in the most explicit terms inform the Court of Directors, in his letter of the 2d April, 1800, that " he should be uncandid, 41 if he did not fairly acknowledge, that experience *' had proved it to be inadequate to the purposes " for which it was intended and that therefore " he was clear, that the clause in the Act ought to (S be repealed, and in place thereof a power be given " to the Governments abroad, to allow the British, *' subjects, resident in India, to bring home their "funds to Britain on the shipping of the country;' that is to say, on ships built io India. This letter, of the President of the Board of Control, was re- ferred by the Court of Directors to a special Com- mittee of their body ; who, in a very elaborate Report, dated 2/th Jan. 1801, that is to say, after the deliberation of eight months, declared that it was impossible for them to acquiesce in the propo- sition then made by Mr. Dundas. They support- ed their opposition by a variety of arguments, from which the following short passage need alone be selected : " The proposals which have been " brought forward by certain descriptions of men, 3 22 u both in India and in England, for the admission " of their ships into the trade and navigation be- ** tween India and Europe, proposals which extend tf to the establishment of a regular and systematic " privilege in favour of such ships, appear, when " maturely weighed, and followed into all their ope- " rations, to involve principles and effects dangerous t{ to the interests both of the Company and of the na- 4< tion ; that the adoption of those principles would, " immediately and essentially, affect both the system " of policy which the Legislature has established for f( maintaining the connexion and communication be- " tween this country and British India, and the char- osz- tive perpetuity of duration for their Body Corpo- rate ; at which time an Act was passed, empower- ing them to continue to trade to the East Indies, as a Company of Merchants, although their exclu- sive right to the trade, and their power of admi- nistering the government and revenues of India, should be determined by Parliament. From that time only, the Incorporation and the Exclusive Privilege become distinguished. The distinctions here made will be found of material importance, in another part of this statement. 1. A right to acquire and possess lands, tene- ments, and property of every kind; and to dispose of the same, under a Common Seal. This right was conferred by the Charter of the 10th of King * A Short Hist, of the East India Company, p. 6. V 86 William ; but by Stat. 3 G. 2. c. 14. 14. the Company's estates in Great Britain were limited to the value of 10,000/. per annum. In virtue of this right, the East India Company were em- powered to settle "factories and plantations," within the limits of their exclusive trade. The Charter of William, indeed, adds also "forts" with the power of " ruling, ordering, and govern- " ing them ;" but that this privilege cannot attach upon their corporate and permanent capacity, will presently be made to appear. Fortresses and for- tifications cannot, from their nature and use, be- come absolute private property ; being part of the public defences of the Empire, they are (to speak with Lord Hale) " affected with a public interest, t( and therefore cease to be juris privati only *." The building a fort is an act done, in its na- ture, by virtue of a sovereign authority, and is therefore the dereliction of the private right of property for a public and general purpose. In as- serting for the Company a private right tc forts and fortifications, the Company's advocates have there- fore fallen into an extreme error, from not discri- minating between the rights which necessarily be- long to their delegated sovereignty, and those which can alone be annexed to their commercial corporation. And this brings us to the considera- tion of * De Portibus Maris, p. 2. c. 6. p. 77. 87 2. The alleged permanent rights of the Com- pany, which require to be considered under two descriptions, viz. rights alleged for them at the ex- piration of their last exclusive Charter, and rights alleged by them at the present moment, with a view to the renewal of their present Charter. These are the rights, or more properly the pretensions, which have been pronounced by Gracchus, " absolutely " unmaintainable, and incompatible with the free- " dom of British subjects ;" and not their true le- gitimate rights, as the writer of a letter under the signature of Probus has chosen to assume. The rights alleged for them were these : 1. Aright to possess in perpetuity certain ex- tensive territories and seaports in India, after their right to the exclusive trade with those places shall cease. In consequence of different ancient Char- ters, granting to the Company an exclusive trade, together with certain powers of Government, they have acquired, and actually possess, various islands, seaports, forts, factories, settlements, districts, and territories in India, together with the island of St. Helena ; either by grants from the Crown, by con- quest, purchase, or by grants from the native powers in India. The nature and extent of their property in these several possessions, is an import- ant public question. By grants from the Crown to the original or London Company, and by con- 88 veyance from that Company, they possess St. Helena and Bombay. By purchase, conquest, or by Indian grants, they possess Calcutta and Fort William, Madras, and Fort St. George, and various other important seats of trade ; of all of which, for a long course of time; they have enjoyed the ex- clusive benefit. With respect to the first of these; it is evident, that the Old Company could only convey the places which they held of the Crown as they themselves held them, and subject to the same principles of policy and state under which they themselves had received them. The Grants of Charles II., which conceded Bombay and St. Helena to the first Com- pany, refer to the Charter of the J 3th of the same reign, which Charter refers to, and confirms the preceding Charters of Elizabeth and James I., mak- ing them the ground of the Giants. The Charter of Elizabeth declares its principle to be, " the ten- " dering the honour of the nation, the wealth of te the people, the increase of navigation, the ad- i( vancement of lawful traffic, and the benefit of " the Commonwealth." The principle declared in the Charter of James I. is, " that it will be a (: very great honour, and in many respects profit-