Impartial Uonsiderntl ons on a bill Now Depending in Par liament . UNIVERSITY OF CALIFORNIA AT LOS ANGELES IMPARTIAL CONSIDERATIONS O N A 31 l< L NOW DEPENDING IK PARLIAMENT, For eftablifhing certain Regulations for the better Management of the Territories, Revenues, and Commerce of this Kingdom in the Eaft-Indies. TO WHICH ARE ADDED, 1 Some REMARKS on the propofed Surrender of the Company's Charter. LONDON: Printed for J. DE BRETT, (Succeflbr to Mr. ALMON) oppolite Burlington-Houfe, Piccadilly j and may be had of]* SEWELL, in CornhiU. 1783. ,T H 3 M /73J IMPARTIAL CONSIDERATIONS, I Am not ambitious of having it faid, that the obfervations in this performance are h _ novel and original. I feek for truth ; in o whatever argument it feems to prefent itfelf to my view, that argument will I gladly adopt : and I confole myfelf for the poverty of my imagination, when I confider, that I may be doing an acceptable piece of fervice to the caufe which I confcientioufly fupport, by collecting into one focus, the rays of *? light which flow from fo many different | quarters. ^ The various interefts and prejudices of .perfons who have made this Bill aa object of B their 354751. ( 2 ). their difcunTion, have led them from reflec- tions on the meafure, to reflection on thoffc who have propofed it. Not only political* but private characters have been involved in the difpufe ; and fuch a mafs of extraneous matter has been heaped on the fubje'l, that Vft cannot much wonder at its foon becoming impervious to the view of thofe who at firft have profefled to difcufs it. Leaving fuch perfons to purfue what their own motives may dire q them to aim at, let us take a review of the feveral objects of the Bill in queftion : and confidering it as abftraft- ed from a connection with any certain de- fcription of men, let us fee how far thofe ob- jects are fitting and proper to be accomplim- cd ; and how far the Bill itfelf is calculated to produce their accompliihment. It feems to be univerfally acknowledged, that fuch abufes have exifted in the adimni- ilration of the Eaft India Company's affairs, as call loudly for the interference of the Legifla- ture ; but however univerfally this is acknow- ' ledged, yet fo felf-contradiclory .are the per- fons who oppofe the Bill, that they object to it, becaufe it is not founded on fa&s ftated by theHoufeof Commons. What ( 3 ) What are the Reports of the Secret and Select Committees, but a eolledion of fafts authenticated from the Company's Records, ami brought in purfuant to the directions of that houfe, for the purpofe of enabling the Members to form a judgment on matters which the Houfe at large could not fo con- veniently invefligate ? Much is not hazarded in aflerting, that the fafts there ftated are fuch, that every man who reads the Reports, will agree with me in the abfolute neceffity of a reformation, if India is to be faved to this country. I know many well-meaning men who ap- prove of the regulations contained in the Bill ; but neverthelefs oppofe it on the popular ground of the infringement of Chartered Rights. If any other mode could be found to fave the Company, the man who did not adopt that mode, would be indeed a bad rr ember of fociety. But in a defperate cafe no remedy is to be rejected ; and furely, a lick man would rather owe his life to a medicine out of the regular courfe of phyfical prac- tice, than die fecunde.m artem, with the melan- choly comfort of knowing that his phyucian has a diploma. B 2 Sq ( 4 ) So far from being furprifed at the clamour which the magic words, " Invafion of Char- tered Rights," have railed againft the Bill ; I view with pride and pleafure, the effufions of a zeal which was to be expccled from the in- dependant fpirit of my countrymen. Un- popular as the India Company have been, the moment the alarm was given, that they were to become the viclims of unconditional power, that moment their faults were forgotten in their fuppofed misfortunes, and they met with advocates where they had to expect enemies. Their caufe was fupported every where by i;efpecl;able, though uninformed men, who in the true fpirit of our conftitution, prefumed their innocence, becaufe they had not ocular proof of their delinquency. But perfons of another defcription, who were interefted in oppofing the falutary reform of Parliament, reflected, that when the fir ft popular alarm fliould have fubfided, and when clofe invefti- gation Ihould have fucceeded to clamour and. inve&ivej the fame fpirit of impartiality which had acquired new friends to the Com- pany, would detach thofe friends from the party they had efpoufed. They chofe an obvious method of effecting their purpofe, by involving ( 5 ) involving in obfcurity a caufe which woulc^ not brar the light. The Company's delin- quency was induftrioufly buried in oblivion, whilft the invafion of their Chartered Rights was thundered in every ear. The Company's caufe was reprefented as the caufe of the con- flhution : the Minifter was faid to aim a wound at its deareft privileges through the Company ; many of Mr. Haftings's friends were induced to join with them, notwithstanding the Right Honourable Secretary's explicit difavowal of perfonal allufions ; and they even found means to bring in the Bank of England as a party in the quarrel. Paradoxes were eafily folved; and a parallel was run between Sovereigns and Bankers. Nor did they flop here ; in- flammatory libels were circulated, fuch as moderate and refpe&able men of their own party blufhed to view. Like naval com. manders, who in diitrefs for feamen, receive convicls on board, thefe men enlifted the very outcafts of literature into their pay. Though the ground taken by the opponents to this Bill, is principally on the idea of the / meafures propofed in it being unconftitu- f tional, I think the legality of it will more eafily (6 ) eafily be refolved into its expediency, than may at the firft glance appear. I have heard much of the proteft of thofc / Peers, who in the year 1773, oppofed what they deemed to be a violation of the Com- pany's chartered rights. But on what grounds did they oppofe that violation ? li'ecaufe they had not evidence before them (ihough that evi- dence might exift elfcwhere) fufHcient to prove fuch delinquency in the Company, as might juftify the refumption of the rights granted to them under their charter. Their proteft more than implies, what will hardly be denied to me, that cafes might pof? fibly occur, when in that refumption not on- ly would be juftifiable, but wife and proper. We muft never lofe fight of the connection fubfifting between the Nation and the Com- pany, and that when the mifmanagement of a corporate body endangers the interefts of the ftate, and even the exiftence of the power and authority of Great Britain in a part of her dominions, fuch a violation of the good faith, mutually pledged between them, fully exone- rates the parent Mate, in revoking fo much of its indulgences to the difobedient child, as may fee thought necelfary, . Would ( 7 ) Would any one, who faw a lunatic com- mitting outrages, from which he had every thing to fear for his own perfonal fafety Would he immediately difarm the madman by force ? Or, would he run the rifque of his own life, whilft he is confidering the lega- lity of ufing violence to rellrain the aftions of a Bntilh fubjeft ? Surely no one will be fo chimerical as to affert, that men are juftified in pleading a char- ter for the commiffion of a6lions which the Jegiflature deem baneful to the ft ate. This would be indeed creeling an impenum in im- fierio, fubverlive of every principle of good government, as well as common fenfe : and an acquiescence on the part of Government upon fuch an occafion, would be as weak as wicked: It would be nothing lefs than 'mak- ing themfelves acceflary to their own ruin and to the ruin of the country. The liberty of committing criminal actions with impunity would thus be put up to fale ; and Charters, like the Pope's indulgences, would be purchafed for the remifh'on of fins paft, prefent, and future. If Chartered Rights are to defolate the fined */ countries of the globe j if under their fanction, a native a Native Prince is to be driven from the Fara- dife where Heaven had placed him, to be a wretched wanderer throughout Hindoftan ; if thofe miferable pageants of authority, who are 'called the Sovereigns of India, are by virtue of Chartered Rights, forced, with the dagger at their breafts, to plunder and violate the facred rights of their own parents, and to perpetrate outrages Shocking to the laws and religion of their country ; if natives of high rank, at the moment when they become the detectors of peculation, are feized by the hand of power, and are made to fufFer an ignominious death for actions declared to be capital crimes, only by laws framed in a foreign country, arid .promulgated in India many years after thofe actions were committed ; if all this, and much iflore, be perpetrated under the flicker of Char- tered Rights ; arid if thus, they become the ftalking horfe of defpotifm and inhumanity in ' their mod horrible forms ; if they are oppofed to the rights of nations and to the rights of mankind away with fuch Chartered Rights ! Let us not glory in our lhame, nor dare to boaft the exclufive privilege of deftruetiort. Such perfons as fuppofe this to be mere decla- ration, may refer to the reports of the Com- mittee ( 9 ) luittee of the Houfe of Commons, grounded on the records of the Company. Thofe re- ports exhibit the Eaftern World in a map of mifery, where the boundaries of ruin are marked by European footfteps. If I might for a moment, in imitation of the opponents of this bill, digrefs into a reflec- tion on the fonduft of individuals, let me afk, what were the opinions of Chartered Rights entertained by the prefent great and able leader of oppofition, when he would have deprived the rotten boroughs of their Char- tered Rights in order to reform, and of courfe to alter the conftitution of this country, fanc- tified by Magna Charta. But I do not wifh to recriminate : I do not attempt to look into the hearts of men, and delineate their motives. I fee a bill of reform for India brought into Parliament. Without adverting either to the perfons who bring it forward, or to thofe who endeavour to crufti it, I repeat, that I mean to examine the bill on its own merits or demerits, and upon thofe grounds to form my opinion. Whenever I may happen to de- viate from this plan, I acknowledge that devi- ation to be one of the faults (many perhaps C they J J they be) with which this little traft may be juftly charged. It is abfurd to &y, that the Company's right to the difpofal of their own property is unlimited. It can only be allowed to them r fo far as it does not affect the welfare of the flate. No man has a right to fet fire to his, own houfe ; becaufe, though it be abfolutely and entirely his own, the property of others may be endangered by fuch a proceeding, Thofe perfons who ha\'e attended General Courts at the India Houie, muft be con- vinced how improper it is, to truft the management of a confiderable branch of the Britim Empire in the hands of the Proprie- tors. If they have voted at elections, they inuft have heard of the Houfe intereft, and the Shipping intereft : they will be apt to ex- claim with Shylock, " there be land rats and water rats," They muft alfo have heard of the Indian intereft, and of a denomination of men, who call themfelves the independant Proprietors. But, like the Cameleon, this body of men vaiy their appearance fo often, that whilft you are confidering their defcrip- tion, they change colour under your eye.: The independent Proprietary is a Proteus never never to be fixed : an ignis fatum, which has bewildered many a well meaning man; and led many a wou'd-be Director into a bog. Like the revolution of atoms, which compofe the human frame, this body changes its com- ponent parts at certain periods; fo that in the courfe of a given term, the independant Proprietary will be found to have changed all its members. They will be found, perhaps, partly ingrafted into the Houfe, the Shipping, or the Minifterial intereft : and frefh detach- ments from thofe feveral corps, jull as pique and difappointment dictate, will be ready to fupply the place of the leaders under the ban- ners of independance. It is however to be obferved, in favour of the proprietary, that every individual member thus making the circuit of interefts, like a planet moving round his orbit, has the iatis- Fadtion of reflecting, that at fome period of tys life he has been an independent Proprietor. If however fome criterion be wanting to judge of independant Proprietors for the time being, it will be generally found, that they are inimical to the prevailing party ; and that at $ie India Houfe, as well as in fome o her C 2 places, places, oppofition and independence are coa- fjdered as fynonimous terms. I The Indian intereft muft not be forgotten : it is a torrent which receives frefh fupplies every moment in its courfe ; and which at a very late period, has encreafed fo much in flrength, as nearly to whelm the Company in irrecoverable ruin. Tjie connections fubfifting ^ between fervants abroad, and Proprietors at home, may produce confequences the more to be dreaded, as thofe confequences arife from principles which can hardly be cenfured. They arife from gratitude : a principle, with which, when the bed men are actuated, they ruay with the beft intentions, unwittingly be- come the tools of factious and deligning indi- viduals. Where a reciprocity of gratitude exifts be- ^ tween the fervant and the matter ; and where opportunities continually occur to each, in which the warmed feelings of friendihip may te indulged, furely it is neither illiberal nor unfair to fufpecl;, that a mutual return of good offices may be attended to, rather than the interefts of a community to which no gratitude is due, and to which the ties of intereft bind but in a very fmall, proportion, ( '3 ) proportion, when oppofed to the advan- tages to be derived from the patronage of a powerful individual. It is an obfervation as true as it muft be acknowledged to be trite, that every virtue has its kindred failing. To mark exaQly the boundaries, where the tints of warm friend- (hip and blind partiality are blended with each other, requires a power of difcrimi- nation, which perhaps it is almoft in vain to expecl from human nature. Whilft the heart throbs with gratitude, how can it acknow- ledge a fault in its benefactor! Nor in-; deed is fuch a ftate of apathy to be envied. He who poffeflfes it, can only expeQ; to find the fame kind of negative happinefs, that old age may be fuppofed to experience, in re- flecting that debility exempts it from the dan- gerous exceflfes of youth. Though laft not leaft, we have met with / another body of Proprietors denominated the x Minifterial party. Of late indeed, this party feems to have melted away. And here an obvious queftion prefents itfelf to the confide- ration of fuch perfons as complain fo loudly of the preferit Adminiftration, for grafping at power. Why did not Adminiftration avail itfelf ( H ) itfelf of this ready mode of exercifing corrupt mucnce ? If the Company was to be de- itroyed, why not by the fure, though flower means of poifon, rather than by an open attack ? The fatal draught might have been prepared by an invifible hand , and inftead of being traduced as a murderer, Adminif- tration might have eafily contrived to make the Company commit a fuicide. But we have a bold and able Minifter, who fcorns to employ unworthy means, even to- wards a great end. Nor ihould he be fo unjuft to himfelf, as to tarnifh by the cowardly arts of fecret influence, a plan of reform, which will deck the monument of his fame with its brighteft trophies. When the well-intentioned and the real Proprietor, views his property floating amidft the confufion of interefts which I have de- fcribed ; when he coniiders that his rights are alike endangered by the baneful influence of Minifterial corruption on the one hand, and by a blind and factious oppofition to Govern- ment on the other, juft as parties prevail ; when he fees meafures purfued by an inte- refted Majority, which, though he deteits, he is fuppofed to acquiefce in, and finds himfelf involved ( '5 ) involved in the common obloquy thrown upon the Proprietors by the public at large ; furely he will rejoice in a change of fyftem, that may free him from unmerited reproach, and take from thefe men the power of felf-deftrutlion ! He fees himielf involuntarily made a party in the quarrel between Government and the Company. His Counfel is pleading at the bar of the Houfe, in behalf of rights which he wifhes to yield; and like the foldier, who, \vhen taken prifoner by the enemy, is dragged to combat againft his friends, he trembles left he mould conquer. The Company is to all intents and purpofes a bankrupt; and this may be affumed, with- out going into the minutiae of their accounts to fupport the affertion. Whether they may be eventually folvent or infolvent, the fal is ftili the fame. They are unable to make their pay- ments ; they apply to Parliament for relief, which they ftate to be abfolutely neceflary to enable them to continue their trade j and thus, their own petition is a public acknow- kdgment of bankruptcy. How far a Company thus circumftanced, may be confidered to have loft the privileges of a Charter by their bankruptcy, is a queftion I will Will not pretend to determine. Neither were 1 fure of the queftion being decided in the affirmative, would I reft my arguments for the interference of Government upon it. No more will I infift on the Company's de- claration of an anticipated dividend in 1781, in direQ: violation of an Aft of Parliament, which had pofitively reftrifted them from di- viding any other than their actual profits ; iri which meafure many refpeftable individuals, both Directors and Proprietors, were milled fo far as to acquiefce. Were I to advert to the Aft of 1773 con- tinued and invigorated by the Aft of 1781, it would appear, that this maiden charter, for the prcfervation of whofe purity fuch doughty knights errant contend, did not then efcape undefiled, from the unhallowed touch of Go- vernment. What is the nomination of the Governor General and Council by the Crown ; the extenfion of the voting qualifications ; the limitation of the dividend, and the fubmiffioti of difpatches to the approval of his Majefty's Minifters, but an abolition of your chartered rights ? But I wave any further dilation on thefe fubjefts, however weighty the arguments a- rifing from them ; and I meet the opponents at of &e prefent bill on the broad ground of its eceffity. And here I muft digrefs fo far, as to aflc .my antagonifts a fmgle queftion. What kind of a reform (for they all acknowledge reform to be heceflary) what kind of ^a reform would they adopt, which mould not infringe their charter? In however fmall a degree they di- minifli the power, either of the Directors or Proprietors, it is ftill an alteration of the rights vefted in thofe perfons by charter, and confequehtly an abfolute infringement. Would they veft more power in the Pro- prietors ? Let them advert to their late con- troul exercifed by the General Court over the perfons whom they had feleled to direct their affairs ; when they obliged them to refcind their refolution for the difmiffion of Mr. Haftings; and thus fet up the authority of a Go- vernor General againft that of their own Court of Directors, whofe orders by Charter and by- Ac!; of Parliament he was bound to obey. Should the power of the Court of Direc- tors be increafed? To what good purpofe would increafe of power tend, where inatten- tion to the exiftence of abufes has been found to exift. The Governor General's friends D very ( 1* ) 'very juflly afciibe to the Court of Directors, great blame for paffing ever in filence his re- peated demands on Rajah Cheyt Sing for mo- ney from 1778 to 1781 ; when at length the afTaffination at Benares, roufed the Court from their (lumber ; and they were obliged to confefs, that mea fares which for near four years they had authorifed by their filence, were unwarrantable and unjuft. But if power '{Koiild be withheld from the fupine, much more fhould it be denied to thofe by whom it is exercifed impropeily. Where the Court's orders are pofifire,. they are fo often ihcon- fiflent, that even the cuftom'ary paragraph in their Letters, " We'fhall give you our fenti- 'ments fully by the next difpafch," is prefer- J able to commands fo contradictory, that con- tempt inftead of obedience could be the only " ' fruits to be expected from them in India. 'Arid this furniflies another argument for not augmenting the power of the Court of "Directors. Whilft they are elective 'by the General Court, how is eohfifteney to be expecled in the refolutions of a fluctuating "body, every individual member of which, is dependant for his political exiftence on the Proprietors ? The ( 19 ) The only remaining temporizing expedient &at I have heard fuggefted, is to annihilate the controul of the Proprietary over the Di- rectors, and to place that controul more fully than it is at prefent in th^ hands of his Maje- (ly's Minifters. But what has been the effect of that controul which the act of 1773, af- forded to Adminiftration ? The cry of abufes in the Eafl which has been fo faintly heard in the Court Room at the India Houfe, has died away ere it could reach St. James's ; and Parlia- ment might till this moment have remained in the dark with refpect to thofe tranfactions, had it not been for the laborious inveftiga- tions of Committees appointed by themfelves for that purpofe. But allowing that Minifters mould prove watchful over our affairs in India ; do the fupporters of this fyftem of reform (if it can be called a reform) confider the danger of trading fuch controul in the hands of various fucceifive adminiftrations, compofed of men differing in politics, opinions and interefts ? Whilft they own the pernicious effects of fluctuating interefts in the City, will they commit the Company's welfare to the fame change of guardians at the other end of the D .2 town ? ( 20 ) town ? Do they confider the danger of in- creafing the power of the Crown (which they fo much dread), by placing fuch controul in the hands of the immediate fervants of the Crown ? Do they confider the bad policy of merely abridging the authority of the Proprie- tors, whilft thofe perfons Hill retain the power, and of courfe the will, to thwart the meafures of government ? Andlaftly (I muft repeat it) do they confider, that whatever al- ternative they adopt, the Company's Charter mull ftiH be infringed ? Cannot fatal experience teach us the folly of trufting to temporizing expedients ? The lenient hand of government, when it framed the regulating act, only lopt off the branches of corruption, when it mould have laid the axe to the root. That act certainly was [an at- tempt at reformation, which however fair its profpect feemcd to be in fpeculation, ex- perience has proved to be very far fhort of the end it propofed to reach. Perhaps the circumftanees of the times ren- dered the meafures of that day, all that could be attempted. Abufes were not then fo no- torious, as the fucceeding ten years have ren- dered them. The Reports of the Committees. on pn India Affairs, which an independant tyf ember of the Houfe, in oppofition to this Bill, has allowed to contain *' great and valu- able information," were not then printed. The regulation of India was a ground new to the footfteps of Parliament. It behoved them to tread warily , and not to venture too far on conjecture : and great credit is due to them for attempting at leaft to effect a part, where the whole was not to be accompli fhed. But I muft own fairly, that there appears to me to be a radical defect in the A 61 of 1773. It is, that refponfibility and power are not placed in the fame hands. Indeed to fay the truth, it is difficult to dif- cover where refponfibility is placed by that At; but we meet with the power of abufe every where. Firft, it remained with the Go- vernor General aud Council of Bengal ; who, though they were to be obedient to the or- ders * of the Court of Directors were fo far ' * In order to (hew the light in which the commands cf the Court of Directors are viewed by their fervant$ abroad, one inftance, felefted from a great number pay fuffice. Mr. Mailings in a minute entered on the Bengal fecret confultaiions of 23d November, 1779, r 22 ) independant of them, as to be remoycable only with the concurrence of the Croxvn. Secondly With the Court of Dire&ors, whofe inatten- tion to that part of their duty which relates to the inve .igation of abufes in India, is not punifhable by any claufe in that Aft. Thirdly, it remained with the Court of Proprietors, who are left free to counteraft the good in- tentions of the Court of Directors, when the latter are in the exercife of their duty ; and Fourthly, there was an opening left for his Majefty's Minifters and the Court of Directors, by a collufion, to fupprefs the mofl. material advices. Eut though corruption had been, driven from all thefe ftrong holds ; there yet remained an impenetrable retreat for her in, the pernicious cuftom of voting by ballot ; and which had efcaped the attention of the framers of that Aft. I cannot avoid dwelling on the abufes which have crept into the adminiflration of the Com- pany's fays, " with all the refpeft and fubmifilon which I owe and feel for the authority of the Court of Direftors, " I mud declare, that I ftiall not yield even to that au- " thority in any inftance, in which it fhall require my V conceffion of the rights which I hold undei; an Aft of *' parliament.'* pany's affairs in England, or which, perhaps, arc rather defects, naturally arifmg from their prefent conftitution ; becaufe I am firmly of opinion, that a thorough reform at home is ablolutely and indifperifibly neceflfary to pro- duce a reform abroad. Pure firearm cannot be exnecTx-d to flow from a contaminated fource , -?.nd uiththe imperfections thus exift- ing in the Company's vital part, no regula- tion can poffibly be lafling or effe&ual in In- dia, Thefe feveral defccls are all remedied by the bill now under confideration. It gives all that is Wanted : it gives energy to the exertions of Go- vernment : it makes the oftenfible and the real managers of the Company's affairs the fame; and it renders an invaluable fervice to the country, by deftroying that fecret influence which has fo long been the bane of the Eaft In- dia Company. A fett of men are chofen, in Whom is vefted all the authority formerly exer- cifed by the Directors and Proprietors. They are debarred from meltering their mifmanage- tnent under the obfcurity of a ballot ; and are brought forward into open day, as anfwerable for their a&ions, to the tribunal of the public. The power of removing any of the Company's fervants fervants is wifely placed in their hands. T& them thofe fervants are to look, as their only mafters, and their judges ; and when they raife the fword of juftice againft a delinquent, the interpofing hand of the Proprietary can no longer be found, to-avertthe impending blow. I am aware that I fhall perhaps be afked, whether the appointment of feven Directors will abolilh fecret influence ; and whether con- nections betrween thofe perfons and Admini- flration, as well as with individuals in India, are not likely to exift ? I fhall perhaps alfo be aflced, whether thefe feven Directors are to be exempted from the prejudices, and from the connections, which I have attributed to the prefent Courts of Directors and Proprietors ? And perhaps my catechifts may pride them- felves much in their ingenuity, whilft they fancy they turn my own arguments upon myfelf. I reply, that the whole of their queftions include no more than the iimple propofition, that the feven Directors are men; and confe- quently liable to the frailties of human nature. Having of courfe granted an affirmative to this propofition, let me proteft againft the inferences that may be attempted to be drawn from ( 25 ) from it. To fuppofe that admiflion to a pub . He truft at once infefts the perfori fo admitted? with a degree of corruption, which ought in facl: to be his difqualification, is a confideration too humiliating to human nature, to be, I hope, readily allowed* Without adverting to an obvious refle&ion, not much to the advantage of thofe v/ho form fuch fuppofitions, we muft either prefume public virtue to be a mere name ; or that if it exift at all, it is of too de- licate a texture to bear the weight and preflure of an office to which power and patronage are annexed. If either of thefe alternatives were admitted, it would be in vain to argue any longer on re- formation : all fyflems mud be the fame ; and every change of meafures would ' be merely diversifying the garb of iniquity. Abfurd as it may feem thus to obviate ob- jections, of which a candid mind would fcarcely credit the exiftence ; yet how far Ihort of them will be found the conclu- fions to be drawn from the wild argu- ments of thofe men who are accfluomed to caft a general odium on all Mini- flers ; and to confider every man wicked and corrupt, who has the power of beipg fo ? E And ( 26 ) And yet however far this mifaiithropy may- be carried, it will ever be found, that the feverell cenfors of human nature, will at Jeail name themfelves as exceptions to their own general rule. Freely refigning to others the malignant fatisfaclion of contemplating the deformities of human nature, I am ccntent to believe mankind as honeft as experience and obferva- tion will allow me to fuppofe them. Small as my fhare of experience may be, it has however taught me, that dependence is the greateft foe to honefly. The man who in a dependant ftate might have virtue enough to rile fuperior to the common temptations in- cident to his fituation, may dill be unable to ftem the torrent of corrupiion, if it rufh upon him from thofe upon whom he is dependant. He muft either be wrecked, or fwim with the flream. To guard againft this evil, the Bill places every Director fo high, that corruption can- not reach him, except he extend his hand tr> raifc it. He is not obliged to barter ap- pointments for votes in April ; he is not de- pendant on a Governor General, whofe over* grown authority has placed Directors in their feats, feats, and at whofe frown his chair may trem- ble under him. He may poffibly be corrupt ; but his being fo, mutt arife from natural depra- vity. The influence which Miniftcrs may hav r e over the Directors, mu ft be merely accidental; and arifing fiom perfonal friendfhips, as likely to fubfift in any other fyflem as in thi;.: but the ties of friendfhip between a M miller and a D. - rector, on the,prefent plan, will be found to act very differently from thofe which may have ex- illed between Proprietors and Directors on the old conftitution of the Company. The prefent Bill renders the Directors as indepen- dant of the Minifter, as the Judges are of the Crown. That Director mufl be a mallow po- litician indeed, who mould rifque every con(e- quence of the high refponfibiliry vefted in hirr to become the tool of a man, who by a change of Adminiflralion, would not only lofe the pow- er of protecting him ; but whofe former con- netions wkh him would mark the delinquent, as one of thefirlt victims of the fuccefsful party. From his Sovereign alone he is to expect either protection or punimment, according to his me- rits or demerits ; and he will be taught to feek his lafety in juftice and iridependance. 2 So So far the powers given to the Dire&ors are to be juflified on general grounds; and fo far the Hpufe of Commons though them juflifiable, when they were approved by a majority of in, before a fingle name was mentioned for the ex- ercife of thofe powers. The Minifter in that fpirit of courage and independance which has marked his conduct throughout the whole pro- grefs of the Bill, fcorned to drefs it with the embellifhments of any names, however great and refpectable ; but left it unadorned, to com- mand admiration by its natural fymmetry. The moment the names of the noble Earl and of his refpeftable coadjutors were brought forward, a fliield was formed for the Bill 3 had it been ever fo vulnerable before. It is well known, that the leaders of the anti- niinifterial party vied with each other, in pay- ing that tribute to defert, which common can- dour could not refufe. Having thus endeavoured to refcue the lea- ding features of the Bill from the degree of obloquy thrown on it ; before I quit my pen ; I mull beg leave to point out fome other parts of the Bill to the obfervation of my readers ; and perhaps at the fame time briefly recapitu- l$te what I have laid before. I cannot too often repeat my tribute of ad- miration to the framers of this Bill, for the- mortal wound it carries to fecret influence. The independant fituation wherein it places the Directors; the prohibition to them and to the Proprietors, from voting by ballot or in any other covcit manner; the ftn6i injunction to the Di- reftors to enter their reafons of *diilent, in cafes where their opinions differ ; as well as the prohibition to the Directors and Aiiiftant Directors from holding any place under the Crown, or any other under the Company; and from being in any way concerned in the Com- pany's Shipping or Commerce, are regulations fo * It may not be amifs to remark on the exception made in the Bill, by which, in the election to Offices of perfons not having before been in the Company's fervice, the Di- re&ors are excufed from entering the reafons for the vote they may give. In the appointment to offices of perfons who have been before in the fervice, differences of opinion as to their merits may naturally be referred to facls ftated on the Company's records : but when it is confidered, that the two grand objections moil likely to arile to a ftranger, are blemifhes in his character and defefls in his abilities, it will furely be allowed, that befides the nume- rous bad confequcnces which might arife from recording opinions, containing marked perfonal allnfions, it would be a tafk too ungrateful for a man of feeling to fubmit to. ( 3 ) fo evidently founded in wifdom and found po- licy, that it would be an infult to any man's undemanding, to explain their utility. In order to prevent improper perfons becom- ing Directors or Affiftant Directors, the Bill enacts, That no perfon charged with " pecula- tion or oppreffion in India,'* within two years before his nomination, mall be eligible for either office, till the Directors fhall have exculpated him, and recorded the reafons for their opinion : and in order to give time for the production and examination of fuch charge, the perfon accufed mufl have refided in Great Britain two years from his return from India, previous tv his election. For preventing any collufion betxvee n the Di- rectors and the Company's fervants, it is enact- ed, That, " whenever any charge of corrup- " tion, peculation, oppreffion, extortion, re- " ceipt of prefents, ufury, breach of orders, " or other grievous offence" made in India, fhall be tranfmitted home ; the Directors fhall within twenty days, after receipt thereof, exa- mine into fuch charge : and if they " fhall not " think proper either to recall or order a prole - " cution againfl the perfon fo charged," each Dirc6tor'5 reafons for die fame mull be recorded. And ( 3 And no perfons thus charged, are to be permitted to return to India, till the fame lhall have been in- veftigated, and the reafons for permitting their return fhall have been recorded. So attentive is the bill to retrieve the charac- ter of the national faith in India ; that a claufe is inferted, ftrictly enjoining the Directors to redrefs any breach of treaty or injury done to any native Prince. Struck with the glaring mifconduft of former Courts of Directors, in facrificing the Com- pany's interefts by delay, in giving directions on material points, the authors of the bill have obliged the Directors, within three months after their receiving advice of any difputes between the principal fervants abroad, to decide thereon, or to enter their reafons for not doing fo. And in all cafes, where the Governments abroad re- quire anfwers from the Directors, the latter muft return fuch anfwer within three months after receiving the requifition for the fame. The choice of the Aififtant Directors from among thofe perfons who have been in the Di- rection, and confequently the men of the Com- pany's choice, clearly fhews the with of Govern- ment, to leave as much in the Company's hand* as could be trufted there with fafety. Though tha the perfons thus chofen are Proprietors, aho? though the -choice of their fuccefibrs is left to the Proprietary at large; it would have been very unwife in Government, to have entrull ed to that body the nomination of the SKI fett of Af- iiftant Directors. So high as party has run in the General Court, nothing would have been more likely 3 than that the Champions of Faftion \vould have been fixed upon to form the lift. The bad efifecls of fuch a meafure need not be infixed upon : but it is to be hoped, a little lime will remove the prejudices of the Proprie- tors ; and that as vacancies fall, they will fhew that Government are not deceived in the expecta- tions formed of their future moderation and good ferife. The Bill direls proper information to be gi- ven to the Proprietors of the State of their con- cerns ; and a ftate of the Company's affairs in India, together with a flate of the trade, is to be tranfmittcd by the Directors to the Lords f the Treafury, and by them laid before both Houfes of Parliament, at the beginning of 'every ieflion. By this means the real flate of the Com- pany muft be univerfally known and under- itood ; and in cafe the Proprietors fhould l?e at any time diuatisfied with the Adminidration of ( 33 ) of their affairs, to whatever quarter they may think proper to addrefs their complaints, they will there find judges well informed, and com- petent to decide. The attention Ihewn to the Stock-holders, through their immediate reprefentatives the Af- filtant Directors, is alfo worthy of remark. Though in all other cafes, three of the {even Di- rectors are a quorum, yet in the cafe of the re- moval of an Afliftant Director, Jive of the feven Directors (" upon enquiry and after examina- tion'*) muft concur ; *' 4 entering in their jour- " rials, their reafbns refpectively, for removing * ; or difplacing fuch Afliftant Directors, figned " with their refpt-ctive names." Nor mufl it be forgotten, in juftice to the Bill, that in order to prevent the inconvenien- cies, which in the prefent fyftem have arifen, from Directors refuiing to figri letters to India ; from which it has happened, that improper fpeculations have been formed in India, upon the number and names of the perfons who have figned them ; it is wifely enacted, that all the correfpondence of the Directors (hall be figned by the Secretary, " by order of the Board." it is wonderful, that men of underftanding fiiouid attempt to raife objections, and pretend F alarm, alarm, at the claufe which transfers the Com* parry's property to the Board of feven Direc- tors ; when it exprefsly fays, that the transfer is to be made to them " in truft for, and for the " benefit of the Proprietors, and to have, hold, " and poflfefs the fame, in like manner as they **^were held by the Directors hereby difcon- " tinued." It would be injuring this plain and evident refutation of fuch objections, to offer a fingle comment upon it. Having thus, in the firft place examined, and I think refuted, the chief arguments which I have heard urged agairift the principle of the Bill , and afterwards having ftated fhortly what appears to me to be an obvious, as well as a full defence of the mod material claufes contained in it ; 1 will intrude no further on the patience of my Readers, than juft to obferve on two or three points which I could not notice before, confidently with the plan I had pre- fcribed to myfelf in this inveftigation. I have heard cavillers fay much againft the Bill, on an objection which perhaps would not have occurred to them, but for a part of the Honourable Secretary's fpeech, in which he modeftly ftiles his Bill an Experiment. What arc the wifcfl plans of human ingenuity, pru- ( 35 ) dencc and bravery, but Experiments ? With- out going back to remote antiquity for inflances, let me aflc them what was the glorious affocia- tion of Barons, who extorted Magna Charta from a tyrant ? and the no Lefs memorable cn- dcavouns, which fucceeded in producing the Re- volution, but Experiments ? Experiments grow- ing like the prefent, out of the magnitude and notoriety of public abufes ! Experiments which wounded but to heal ; and after a temporary convulfion, fmoothed the way to happinefs and profperity ! Among thofe who join loudly in the cry againft the Minifler, who has brought forward the Bill, are fome perfons, of whom it may be fairly luppofed, that although patronage has not been perhaps entirely beyond their view in commencing Proprietors, a juftifiable attention to their pecuniary interefts, by vetting their money in what they deemed the moft profitable funds, has been their primary object. The / depreciation of the value of Stock, is by them imputed as as a crime to the Minifter ; as if his ipfe dixit were to be the barometer by which the price of Stock muft inevitably life, or fall. I can only appeal to the experience of every one who reads this, whether the people of F 2 England ( 36 ) England are'in general too apt to believe a Mi- nifter on his bare aflertion. But allowing for obvious method of refloring it to its proper rate, by purchafing additional (hares in the flock, and thus retrieve the Company's credit, convict the Minifler of a falfe flatement, and at the fame time conclude a fair and profitable bar- gain for themfelves ? Alas ! there is not a flockholder to be found, poflfefTecl of fo much love for the Company, fo much regard for his own advantage, or fo much confidence in hi$- Own calculations, as to rifk a fingle thoufand on the occafion. It must be confeflTed, that hard indeed is the cafe of many individuals among the Proprietary (foreigners particularly) who have bought flock on a fpeculation of profit ; and who are guilt- lefs of any Ihare in the malveriation attributed to the Company : but pitiable as their filuation may be, it is unfortunately one of thofe inilances .'554751 in which it is impoflible to prevent the inno- cent Iharing the fate of the guilty. They have too haftily engaged in trade, with partners for whofe faults their property is anfwerable. But if perfons of this defcription, who at leaft muft blame their own want of caution, / are to be commiferated, how much more to be V lamented is the fate of the widow and the or- phan ; who without the poffibility of avoiding it, become the heirs to misfortune ; and who lee their heritage injured by thofe who (hould be its guardians ! Again ft whom {hould their cry afcend ? If this Bill be a ftretch of power, /' are they not to complain of thofe Proprietors who connived at abufes (univerfally acknow- ledged) which liave brought them within its reach ? If, on the other hand, it be a meiifure of neceffity, how aggravated muft be their wrongs, from thofe, who after their mifmanage- ment has produced that neceffity, would ilill perfevere in the fame ruinous fyfto.n, and Ihut their eyes to their own falvation ! We have heard the Bill compared to the Tower of Bdbel. I truft ; tjiat unlike the Babel of old, ours will be a monument of glory to its founders, which will indeed reach to the fkies. Jt muft however be acknowledged, that fhould its ( 39 ) its progrefs, like the former edifice of that name, have been ftopt, it would have been from the fame caufe, the confufion of tongues : but the motley and contradictory arguments and interefts of its enemies, prove, that the confufion of tongues prevailed among its oppofers, inftead of its builders. I believe it was rather unexpected, that the Bible mould be the repofitory whence the op- ponents of this Bill fhould procure their ammu- nition. But texts of Scripture have been bandied about fo plentifully, that during this pious feffion of Parliament, we have been edi- fied in St. Stephen's Chapel with fermons almofl every afternoon. Perhaps indeed nothing but the influence of Holy Writ, could have created brotherly love, and promoted unanimity among the difcor- dant members of the anti-miniflerial party. But why Shakefpeare's Merchant of Venice mould claim fo much of their attention ; and why next to the A pottles and Prophets, Shy lock mould conftantly be their greateit favourite, remains to be explained Yet fo it is : Oppofition's party-coloured jacket (if I may be forgiven the pun) has been patched with fhreds of Scrip- ture and fcraps of plays. At one moment, the glowing ( 4 ) -glowing canvas of opposition, has reprefented India imploring immediate and effectual fuccour from Great Britain. No emollients, no half meafures, has been fuppofcd to be her cry. The next moment (he is reprefented, though dying, yfct begging for delay in the hand which is to adminifler help. Now the. Crown is pre- iented to view, rifing in meridian fplendor, dazzling and confounding every eye that dares to look towards it: but the prompter whittles, the fcene Ihifts, and in the twinkling of .an eye you behold a picture of that Crown tarniihed and dishonoured, trampled under the feet of the Minitler. It may natu r ally be expected, I fhould a4r vcrt to the propo'al which has been agitated for giving up the Company's charter: but I lhall content myfelf with faying ve-y little on, the iubject; as I am perfuaded in. my own mind, the meaiure will never be carried into exe- cuiion. We are told the opinions of council are to be taken upon it. IJowever high the reip.ect .1 ente: tain for the gentlemen of the robe^ . we know, that independant of that unfortunate difogvccment which often happens between on the fame, cafe, their opinions, even, when when unanimous, are not always to be im- plicitly relied on ; becaufe fo much depends on the manner of dating the cafe on which thofe opinions may be obtained : However the cafe in queftion may be dated, I am not com- petent to give a legal opinion on it ; but it appears to me to be a matter, in the decifion of which, common fenfe will go very far. In the nrft place, were every individual Stockholder to join in the intention of fur- rendering the charter, the Company's debts muft all be paid before that furrender could be accepted. How far that may be feafible, let the framers of the proposition confider. Then, does it appear equitable or proper, that a majority of perfons, engaged in one part- nerfhip in an exclufive trade, mould deprive the others of their right to that exclufive trade, for which a valuable confideration has been paid, becaufe they (the majority) happen to dif- approve of the mode in which their affairs are to be managed ? The abfent Proprietor fays, " Your fears " feem to me to be without foundation : I am " content to fubmit to the propofed change of " fyftem. If you do not approve it, fell your " flock : but do not deny me the right of fharing G in ( 4S ) " in the advantages of a chartered and exclufivc " trade, for which I have paid a valuable confi- '* deration." But rf it be unjuft and improper, that a mar 'jOrity fhould thus give up the right of others ; \vhat can be faid for a minority, who pretend to difpofe of the property of the majority > The fac~l is notorious, that the perfons who are now in England, and eligible to vote on the fur- render of the Charter, form but a very frnall minority of the Proprietary at large, both in, number and in the amount of their flock. Let us for moment confider the condu6l of this minority. Whilft they are complaining of being punifhed without a delinquency flated ; whilft they are roufing the City of London, and adjuring every corporate body in the kingdom to fupport them again ft a fuperior power in, their rights under a Charter, to which the ftrongeft neceffity is oppofed ; at the fame mo- ment are thefe men (an inferior power) propof- ing to deprive the majority of their fellow- proprietors of rights held under that very Charter; thus punifhing them without, any de- linquency ftated, and for the infringment of which rights, no neceffity can be pretended. Wpuld ( 43 ) Would not a difpafiionate fpeclator be inclin- ed to fay, " this idea of furrendering a Charter *' after which thefe men are going mad, can only *' have been engendered in the heat and tu- " mult of party contention ? The fenfe of imagi- " nary wrongs has rendered them blind to the " folly, the injuitice, and the inconfiftency of *' their own conduct." For my own part, I muft repeat, that I conceive the meafure to be too wild and ro- mantic to bear the cooler investigation of the next General Court. At lead, 1 fincerely wi(h that meeting may have temper enough to give it a thorough and impartial examination : and if fo, I do not fear for the event. I have ever been attached to the Eaft-India Company ; and I think I am evincing my regard for them, by thus offering my fen- timents in favour of the prefent Bill, and my warmeft wifhes for the fuccefs of a meafure worthy of the vigorous and comprehenfive mind of its Projector , under the protection of which, I dare hope the Eaft-India Company will refume her former luftre, and become, what fhe has been fo jutlly and emphatically flyled, the brighteft jewel in the Britijh FINIS. Books Printed for J. D E.BRETT. This Day is pullijktd, Price IS. -Being the Firft Number of the prefent SelHon,! [Containing the Debates on Ms Majcfty's Speech, and the Addreflb ; tpon the Bail India, Reform .Bills, and the State of the Eaft India Company's Affairs ; upon the Al- terations of the Receipt T.tx ;'p<5n Smuggling ; the num- ber of Seamen ; the Cafe of Mr. Atkinfon, c. &c. par- ticularly fully, and accurately related] of THE PARLIAM&H.TARY REGISTER, Number LXXXI. from the 1 aft General Eleftion ; and Num- ber I. of the prefent Seflion. In this Work every intereft- ing Paper, laid before e'ieher Ho.ufe. of Parliament, has been conftantly inferted. Thefe Papcrs,"befides containing much important and authentic information, are extremely necef- fary to the underftanding of the Debates, and they are no where elfe to be met with. The Debates are given with the utmoft attention to fidelity and accuracy. They are com- pared and collated with the notes of feveral refpeclable per- fons, in both Houfes. 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