Lc.rc UNIVERSITY OF CALIFORNIA AT LOS ANGELES REAL SITUATION O F THE EAST-INDIA COMPANY. KEAL SITUATION OF THE EAST-INDIA COMPANY CONSIDERED, WITH RESPECT TO THEIR RIGHTS AND PRIVILEGES, IJnder the Operation of the late A^s of Parliaments ESTABLISHING A BOARD OF CONtROUL AND 4 COMMITTEE OF SECRECr, TO WHICH II ADDED AN APPENDIX. CONTAINING ORIGINAL PAPERS, Relative to the Proceedings of the Court of Director^ and the R I c H T Ho k . Commissioners for the a I- f a I r s ok India, -n -~-- THE SECOND EDITION, By GEORGE T I E R N E Y, E i q. L N D N: Primed for J. D E B R E T T, Piccadilly, j;?-. IDS THE '"H"//^ REAL SITUATION OF THE EAST INDIA COMPANY. CO 00 >- February i?, 1785. E TN the courfe oF the debate which took place at "* j[ the India Houfe on Wednefday lall, 1 was once or twice on the point of intruding on the attention of the Court. I heard myfelf accufed of having petulantly joined the oppofition , I was arraigned for an apparent defertion of former p^ principles ; I Vv^as defcribed as having aflifted in " the call of a General Court, from a wifli to en- ^ cumber the wheels of Government, and perplex ^- the affairs of the Company ; in a word, every o taunt was thrown out, which could be fuppofed to irritate me into hafty recrimination, or betray me into an unguarded warmth of reply which might have afforded an advantage to my enemies. It is v.'ith real (atisfai^tion that on my return home I recolle6l mylelf to have withflood all thefe provo- J cations, and that I can now, without any fear of '^^ partial mifreprefentation, or apprehcnfion of be- 1 ing mtcMUptcd by prejudice, difpadiODately take iJij^up my pen to flate to the world at large, the true jTvounds on which my conducl: wiih regard to the tJompany has been founded, K In [ 2 ] In the fiifl place, as to the charge of adling fiom fa^iou-. motives, and having changed my princi- ])les from pique or unlleadineis, I beg leave to fay that I throw back th'^ infinuation with con- tempt. I maintain my fentiments on the fubjt'6t of the different India Bills to have been invariably the lame. I oppofu'd with every faculty I pof- fclfed, what I conceived to be an unwarrantable and violent encroachinenr on the part of Mr. Fox. I Hood Ibrward againd his Bill, bccaufe 1 thought: it an Mn;u{lifiable infringement on a Charter which v>as not proved to be forfeited, and becaufe I thought ic mivxht be the means of ^ivincr to one Iv.anch of the Legiflature a weight of influence dangerous to the aulhoiity of the other two. I Uiil avow the terms, and arn proud of the part I took againll that meafure ; but I fhouid little de- erve the appiobation which thofe feniiments at the time procured me, could I have hefifated to rcfift the fame violence, becaufe it was offered in a different thape by different men. Within a few days after the Portland Adminiflration was dif- milfecl, I attended die Commiitee of Proprietors appointed to watch over the rights of the Com- pany, and heard with fiirprilc the conceffions which were about to be mac'c to the new Govern- ment ; but it was not wiih filcnt lurpiize. 1 inilantly opprfcd luch language. Mr. JohnQonc was in the L'hair, and, if his prefent flate of health 'AOuld happilv admit of fuch an appeal, I would call up()n hinj to vouch for the truth of what I % have here aficrted. The memory of my friends < v.ill, ho\vcver, voluntarily tio jullice to the con- | iiflenc\' ol my IcntitriCMts on the orcdion, and the iecolit:6ion of my enemies will pcihaps be quickened, whc:; I rcaiind ih'::\: lUa: ic was oiy r [ 3 3 that very fubjefl I had the bad fortune to attract the cenfuie of the late Mr. Atkinfon, and to fmart under the correlion of his fupcrior abilities. Again I muft repeat, that my oppofition has uni- formly been levelled at the meafure and not the men. But I (hall be aflced, why. it is that my attack on the prefent Bill has been fo long delayed ? I will meet the queftion fairly. At the period of the great Revolution in Poli- tics 1783-4, Gentlemen were accultomed by fome fira.nge fatality never to cenfure Mr. Fox wiihour praifing Mr. Pitt. It feemed to be with them a ncceilary confequence, that to inUance the temerity of the one, was to demonftrate the mo- deration of the other, and that to prove Mr. Fox unfit to be entnilled with the management of the -Eafl; India Company, was to eftabhih his rival as the moll proper perfon to overlook all their affairs. Hence, though they certainly never could have expcdcd to fee the prefent Bill, while ihey re- membered Mr. Pitt's languag-e with re2:ard to the one which was rejected, there were many rea- fons why their feelings could not be openly de- clared. After the praifes they had fo wantonly laviflied on the new iMinifler, it was almofl im- polTible for them, though they fav/ the danger, to retreat perhaps too ic may be faid that their retreat was cut ofli, there being no third party to receive them. They might be Itunned by the blow vhich was fo unexpeiiedly given, and by lo {iid- dcw and unlooked-lor an a'Jault rendered inca- pable of refill ance, or, even when they recovered thcmlclves, faile (hame miglu operate, and thole wl.o had bcL'ti fo very eager to (hew how warily ihey had dctccled the dcfigns of their avowed B 2 ene.nVj I A. ] enemy, might he unwilling to acknowledge how much they found themfelves deceived in the pro- fefhons of their fuppofed friend?-. Be this as it may, certain it is that all the circumfpeftion, vigilance, and nice fenfe of right, which had fo laudably dii- tinguilhed both the Diredors and Proprietors, on a fudden dwindled into nothing. It was boldly alTerted that what was done, was done with the confent of the Company, no contradi6lion was given, and the Hill paffed. At fuch a feafon, and with the minds of men fo difpofed, would it not have been the height of abfurdity to have come forward in oppo- lition to the meafure ? Should I not have been told, that narrow notions of cxcluhve privilege were to be laid alide , that both parties had ^ecn the neceflity of abandoning the ftri(5t queftion of Tight ; that the occafion lor a Parliamentary Con- troul of feme kind was admitted on all hands ; that the purity of Mr. Pttt's charatlerga^e fuch a fanfction to any Board of which he was a member, that fufpicion was not allowable ; that candour required the Bill fhould at leall have a trial ; and that it would be unfair to prefume without proofs, that jealouhes would arile between the Court of Direttors and the new Commiffioners, or that the latter had any idea of deviating from what the India Lonpany conceived to be the fpiiit of the acl, and were themfelves willing to receive as fuch. Will any impartial man fay, that the oppcfition of a few Proprietors would not, when thefe ar- guments prevailed, have been an idle and unpro- fitable attempt ? It would indeed at that time have been a ridiculous one But the cafe at this day is different. We are now able to decide upon caufe and effe^"l together. The unguarded confidence which [ 5 1 which was repofed on the fan6lion of Mr, Pitt's name, cannot obliterate certain papers figni.d *' Henry Dundas." It is no longer a quefiion what a daring Board of Controui 7nighL do^ we (ee what even the prefent unafi'uniing CominifTioners have done. W'hat formeily would have been termed arguments of malicious theory, are now infe.'ences of recorded praftice ; and as, by dear bought ex- perience, we are at length freed from the blind devotion which was paid to the meafure at its out- let, I trufl we are capable of examiiiing difpaf- fjonately the coufequences which have accompanied its progrefs. One word more and I proceed to the bufinefs. In what I have hereafter to fay I mull be allowed to lay in my claim to credit with the candid part of the world. Throughout the whole of my con- du<5l relative to this lubject 1 will he bold to affert, that I have a61ed, however impoliticly, as an honeil and independent man, and that the Pro- prietors of India S.ock vvtrc the lall fet of peifoiis in the world from whom 1 had reafon to have ex- pe6ted unkind infnuations. It is rather an un- grateful return to one who has been a volnniecr in their caufe, and who is not confcious how the part he has acled can be attributed to any uj;- worthy motives. But this is a point I i.eed not argue. Let my views be conjectured from i\\c means I take to gratify them. 1 oppolcd Mr. Fox m the plenitude of his power ; I attack the preilnt Coi-;-;- milfioners with the fceptie intlicirhand. W'iiciicr or no, in fo doing. I eitiier havefervcuoi m.iylcrvc the India Company, I will not ver;ture to pro. nounce, but I am luic, if in}- objcd is of a icifiih nature, my method o( ol'Lec of the Secretary oi State, and *' the Cha^(^'.l])^ of the Kxch.'i]uer, tlie fenjw'" " of the CoiT-iiiiHioners, accorvlir'; to hi; rank ^^ in a|)pr)inrMKnrj fliril be r]\ !'u:j or Stales in India, '' f:aU ii.n 7 [ 8 ] " Jhall require fentcyy they may Jendjecrct orders ** to the Secret Commit tee ^ who, without dijclojing * them, Jhall traiifmit their orders in the ujual " foryn^ according to the inJlru5lions of the Board " to the rejpe^ive governments and prefidenciesy " and the /aid governments and -preftdencies jhall ** fay obedience tojuch difpatches., and Jhall return "^ their anJwerSy fealedy to the Jaid Secret Com- " mittee. " The fever al governments and prcfidenciei are '* required to pay the fame obedience to all orders " figned by the faid Secret Committee^ as iffucb '* ordt'rs had been ifjued by the Court of DireElors, " Nothing in the Ad fliall extend to give to " the Board of Controul the power of nomi- " natirg or appointing any of the fervants of " the laid United Company. Such are the powers of the Board of Con- tro'ijj and fo arc they defined in the Act of Par- lianient. The firfr obfervation wiiich mud occur to every man who reads the different claufes^ is the ver\' Ihallow fecurity given for the Board not interfering^ v/ith the commierce. For my own part, indt:d, I do not exactly comprehend iiow, in the na:n:e of thinirs, it ever can be prac- ticable, toiai'y to feparate the comynercial from the civil and revenue dcvariment. That the trade of the Company mu'iy be ably carried on by tv.cnty-four gcnrlen^cn, acting- in concert with, and under the direction of ^ in oppofition to a Board v.'ho have the entire i\ip'-iir.cend:ince of all our territories in Indi.i, who have the riglit of iraking v/ar and peace, tlie ^ri-iugeinent of all I natters [ 9 3 matters of revenue, and the office of negotiating with every power in the country from whence this trade is to flow, is a pofition which I fhould Jbeg leave to queftion. It is to be confidcred, that our connef ifie Company " or the clai'ns of the Biitiilj kibjccts, to nnhntc [ '5 ] *' agalnll the proper honour and dignity which the ** Nabob ought always to prcferve." A6ling apparently under thefe ideas, the Court of Directors prep-sred a dilpatch which, previous to its being lent to India, was fubmitted to the Board of Controul, It dales (fee Appendix No. I. 2.) that they had taken the demands into confideration as far as they had materials, which materials they quote and comment upon. They then fay, That " being in a Hate of uncertainty as *' to the origin of the demands both of the old and *' new creditors, (^particularly llie latter, zobich pre- *' dudes them from judging cj tht jvfi ice thereof .y they dire6l their Prehdent and Council at Fort *St. George, to enter into " a full examination of * the origin a.nd jii/I ice of them ; whether the fums * were really and bona fide advanced, and alfo the *' name of each individual creditor who (hall " prove his debt to the fatisfaClion of the Hiid *' Piefident and Council." This done, the next orders are, to tranlmir the whole of the proceedings to the Governor Get!c?ral and Council, who, hav- ing taken the fame mio their confideration, are diiedled to make the Bnal diltribution ami award according to the provifions of the Act of I'arlia- 'ment. Thefe orders the Hoard of Controul toi:ih ex- \J piinge, and fubftitute others in their place in dtrell contradiction both to tlie xcord: and the fpirit of the claule reierred to. It was the will of the Lxi-^iila- turc, that the dcbus fiiould be firil proved and thea fecured It was liic pica fa re of the great Co;7imi(- iioner th<^t t!icy fnould bo hrll (ociired, and then Hand admitted till ti:fiv were dilprovcd. Fortu- nntely for Mr. IVarfkLl and his friends, the fiat f the latter cairied jno'l authority. The A^ [ ,6 J The Paragraphs as altered by the Board of Controul run thus: (fee the Appendix, No. I. 3.) 'J he Loan of 1767, and the Cavahy Loan are at once pro/iounced clear and indif^utabk. They then come to the debt of 1777, amounting to 2.oco,ocol. and after fhewinij, that " it was not *' in any refpccfl whatever conduced under the ** ;mfpices or profe6lion of the Prefidency at * Madras ;'' that it has " no ran6lion nor autho- *"- vity," even in the cflimation of Mr. Dundas himicif; that the means taken to procure the dif- charge of this unauthorized demand were fuch as clifablcd the Nabob from performincr his duty to the Coirpany, and that:, under all thele circum- ft^inces, they fliould '* be warranted to refufe *' their aid or proteclion in the recovery of this *' loan;" after thus criminatin.^ the whole tranf- alion, they p'oceed to give it their fupport and (iffif:ance. When thi-y conhder '* hryw inexpedient it iS to keep the fuhjeB longer ajloat ;" how much the f:r,al conclufioii of the buhncls will tend to pro- / ir.(-le giounds thev law cau(c to allow to the / "o'licr twf> cla;r volunteer re - Ibarchcs for the gcoJ ot the Conipanv, he has direovercd Any fortunate clue by w'nich. ne -.'.. UJ:: i^ t'n-o.vn on theie dark ti-anra(fHons, furely con'.r.u n ju:l.'.ee re.j',ir:d that he lliouhi have let the Di;i\.lor. i ..o the ll^rer. ] Lid ( '9 ) I faid I would prove the condu6l of the Board -of Controul to be in this inflance contrary to the letter and fpirit of the law, as well as injuri- ous to the Company, and I truft I iliall be allowed to have fulfilled my promife, at leafl until a ha^y adinijjion of a debt can be conftrued as a complete invejligaticn of it, and until the fubilantial calculations of the Court of Diredors fliall be oppofed by fomething more convincing than ftrong grounds cf belief. I muft now take the liberty to offer a few obkrvations on the fub- ject, which, in order to draw the reader's attention as little as pofTible from the coJifld^. radon of the facts, I have hitherto refrained from. In the firil place then, two claffes out of thefe debts '" appear clear and indifputable," but the //^/r(^ has neither " fanction nor authority" from the Board of Controul, the Court of Directors, w the Prefidency of Madrafs, for which reafons, ('this beiiiQ- 'f an arran2;ement founded in luf- '* tice,") the fame frotecl'iGn is to be extended to it ivhich has been alloived to the other t-'jjo ! The vulgar way of comiing at the reality of a con- t'.'iled debt is to make the creditor ^r^/i-^ it, but liie new method ado{)ted here fcorns this old fafnioned practice, and admits the juftice of the demand till fomcbody fiiall think prop'/r to fiate a reaionable ground oi objection. Either wav this part of tlie arrangement is culpable : if the creditor is once able fairly to llibfbantiate his claim, it Is cruvl to fub]ect liim to after objections ; if ]i:s debt cannot be fatisradorily proved, it is un- jLill to adopt a general prefuuiption in his favour. ijut I ber::\'e the objections to t'lis arrangement uili in India be but few ; fhallou' indeed nudl (lie D 2. policy [ .o ] p >licy of the creditors be, if lliey Co not fcciire th<^ happy turn in their favor, and fortify^ be- yond the reach of future attacks, the ground the Rijiht Honourable CoinmifTioners have given them. A feu' fliag^hng malccontents, too in- fjgnificant to be enliRed in the grand combination, may perhaps mutter a threat or two, but there it will end. Without giving them the trouble to tell all they know, tlieir grievances may be redrefTed, and at the lame lime two of the great objetls which the Board of Lontroul profefs to have in view in this decifion will be obtained *" Tran- " cuillity" will be prefervcd by " the circula- *' tion of property." Let me x\o\\' fum up the refult of the bufi- nefs, and I v. ill quit this part of my fubje6f. I have proved the interference of the Board of Controul to have been exerted in a mnnner cop.irary io the pofiihe inJiniclLGns 0/ the Acl of Par- liament, and i-:jip'w!^s to ike iiiiei c/h of the Coinpany. Tiie ComniiIi;oners ha\e r.o!: exeicilcd a power of revihng and amcndin'T ilie difoatchcs of the T;irclors. but thtv i ave iO'al!^ expunged tl:eir vvhole orders, aiid (ubfiita;td (Jthrrs m tl.'tir room fourided on principhs dic.inetricaily dif- ferent. 'I lie)' h,ave not ciji^fi. ed thenilches to I'm (uperirittnding a [)ijh.ifal negotiation to winth the DiiCv^tors n.iglit be held incompe- tci.r, but thiv h;uc 0]:;j-'.';Ld ai'd couiitci"ac'.ed tiiLin in tile (.lilchaigc of an ofhce ciclc-gatet! to \\x\\\ hy tlic i.( ;;:i!,iiure, famiii.ir to their capa- cities [:oiu iheir habits of Hf.-, fiiicilv within their ckpartn^.cnL as a pcctiriiary trar.iauiion, audpio- ])(;!.d to be txccutccl in a manner to w'jich no ob.criujn couiv! he ni.idc, becaulc it was niarktd < al ;i;.d [t;:ici]o.icd oy tiic haiid oi' i'a;]ian:c:.t idU:. [ 21 ] itHtlf. After fucb an encroachment, what ma)'' not be dreaded ? If the Beard (<> daringly exert their authority in contradiction to the exprefs pro- vifions of the aft, what w !1 thev not attempt on points whereon the ;^,e: iflature has been filent ? ' If, where the powers of the Court of Directors are afcertained, the CommifTioners can annihilate them with impunity, what (liall become of thofe pri- vileges which are only obliquely recognized in am- biguous terms? In vain may the Kight Plonour- able arbitrators attempt to fhelter this meafure under the pleas of *' expediency/' and the neceflity of comin or ether therefore furii a piivilege was to be con- tracted and enfccLL'd. :\vA if t!";is remaining; ie ' el in the Court of Di!'ccl:cirs couIJ not t".e pur- loined, it wa'^ at any rare neceifn-v t'n it il.^ \j':i'j ir.ould be dcnicciated and its luilic < bf. i:;cd. ^\n onporiiuiitv v, as i:ot lo:'!?! w.'.atii-L' to can v' thii. \>\mi into execution. * Appc-dix, No. 1.3. '< An.! s-t f.i^t'.rr .:":-:>, th.,' if *' anv crcd;tor Ihall Ijj :.junu re r:.^Vi,;',', cr lU .-iS^- . i " Jii'larb the arranrri'niCit \vc havj luj _;?/;. -J, /. "'""" ^' ' ;";il^rccn':::'^^i'Vj;L;:'3A:^, c^.c/' [ ^3 ] A Colonel Rofs, by a rcfolution of the Court y of Directors, was permitted " to return to In- ' dia as Lieutenant Colonel and Chief Engineer *' at Madras, but not allowed to rank in ihe irfanlry " 'corpi on that (jlail:Jhment." This exception /^.. thwarting his object, which was to obtaiu the advanced rank of Colonel in the arviy hy hrcvet, he petitioned the Directors, who refufed to comply with his requeft, and twice put a negative upon the appHcation. Upon his arrival at Madras, how- "-^ ever, the Colonel renewed his folicitations to the Prefidentand Council, and endeavoured to obtain iVom (hem vv-hat he had been fo pohtively refufed here. The Pvcfic'c-jcy, in thtir letter to the Company, make mcn-ioii oTthi.; new application, to which the Direftors, awcr Hating: the circum- (Li]Kcs as above, conclude their annver in thcfe words-: " his (Colonel Rofs's) urgiiif^ ycu, to a '* comr.-liance with a rcnuell vvliich zoc had pre- *' viouP.y decid-rd on, was highly difrefpcdrul '* to us, and v/c dircv-l that you acquaint Licu- " tenant CoK'nel I^oTs ol our dir!]>orob;ition of " his confla^Jt on this occauua." (Sec Appcn- di>c, Xo. II. I.) The Board ol Controul h.aving thought proper to crpu^i^c the wlicle of ihis pnngiaph, becaa!e \ " thcv cannot concur in tNe dilapprob.Tiion of * Coioncl Rvfs^' (^'c.c A|;-;;cndix, No. II. 2.) tiic Court C't Dirc^T'Ks, as i;n ir.^hjrrn;!- occafion, prcfcntcd a rcrnurahaiiCc on Inch con.iuilt (Ap- jicndix, Xo. II, ;.) but it r.-:!uckily li-ippcned t;it!t, in their zed to ur:en.l thfir pvi\'i!t'nc';;, they ;i'.ruo(l foiujht ihe l;;'j.!e of tJxir enemies, by airv^rdiiip; thvMn the Vv.-vy onportusiitv t'ie\' \>-iihctl, to p:C;C'.ii!n o:'iC!;;!ly to ::.c fervjcts ia India that the V [ 24 ] the nutlioilty of the Company v:ds iran->Jcrrcct io cnothtr quarter. 1 he reinond ranee of the Dirc>'^or.s Rates, th.it the mode adopted by Colonel Rofs, of " appeal- ** ing fn^m the funciior to ths inferior authority *' is Io uclhuclive of all government, that they " Ihould think they abdicated their trnfl- if fuch a (ondticl was pcirnitted to pafs vvirliout ccn- " fare;" and " that a deliberate contempt cf their *' authority not on'y i.ot difnpproi-ed, but in- " dircclly applr/'ikd, by the Kigiit Hon. lioard " ^'(/^S-^'J p:rvn:jji:n ci:cn io repreic.d, muil *' lead [Ik 1 1 fei\'ants to in-.aginc, that it is no *' hn<;^rr thfir dutv io chcy i:.o;j --^vbo poJc/:> the *' prCjCid aiUliurih in Gifat Lrili.in, hut tliat *' thiy 'nicy jcifc'.y jy^allcltc C7i the protaLk iud;^ine}it ' ivhich ;;:::y te heyc-fie.r foyyiicd (..', the propriety cj tie c-V:i::d cr lers: WcA the evi! Gtn'.us of (l^e India Company hiuift'ir guided the i-'cn, hv^ could not have vvvi:tca a lan^^u;::'.; more (.;v:rc''}' to i^e turned a.:;^iniL tlieni tlKin i\->z p:iChg;^b 1 have auovc quL'ted ; a;.d. to tlo j li^cc io l!-^ Ilvinouvable (~0:n:iii'non.) s, icAiS h:n c not o'tilookcd the ad\' ;:ita;;c that was \':-> h'Z !];;i'nc '.- \\'hcl';c; C.;l:):;cl Rols was repre- liei.'^cd uv ror. (jiznihcd uut ji.t'c; iiie ctaiid point wa^. io p;-'//;- V^,'/-:. ^:.'- ^;: i^l\ ih^ l.n rd "iridit icr,-:-.cr ail. and th's i:ab been n)"(t Cifec- t!ja h' d':'0. Tht; r;'o r\ \:.z\^&^y.^ l\o. il 5.) Idr ' ic::ic}:: c' ;7 ,, ',,;;; ti.-i cy.,-:: I 1 rr / :!:z:igiI ::::i ' have nU.c.c t-o ls, yci.\\w:'c cur Cir^:di i'dacc \o * I;?,.: c; r (!.;.; i;; k-mv; h i!S cM^ iu.ili) lran;cd. * \\V ^!u'l, ho^vvw;;-, lii^L ly .;:'.< :. jiyfc::,^ ' /; -::;;.'-' ;.;/ 1:: :::: :';;;>.'. I'.it lyj .,";:..; .: rrcor- " )-'-^ d-:- ':-.:, .'' ' .:- /.;;; .'^ / .'.... T ,7-: f/" [^5 1 n/ " anv feroant, chil or militarv, KXCLUSIFE OF " THE CONTROUL OF ^ THIS BOARD I^ The obvious inference to be drawn from this in ' India mufl be, that, as the Right Hon. Board have declared their right of *' refufingr permiffion '* even to reprehend," the opinion of the Direftors themfelves iuftifies the fervants in being '^ lead to *' imagine, that it is no longer their duty to obey '' tbofc who potTefs the prefent authority in 'Sreat: *' Britain, but that they m u' (.-ilLly foecuhuc on " the probable judgment which may be hereafter * formed on the propriety of tije original orders." Here then at once, degraded Company, is 3. blow fi.rack at your patronage wliich lea-i'es it ia a litLiation but liitle to be envied, ^ppoi^u your r)wn favou:itc, and tl'ic ft owns of ri', ^jmrnif- fioners may clou J a'l his t.iir pro'p'^as, and by one pointed eenfure tor ever crn'h -lis iiop^s of prctr^rmcnt ; ;>p:oiat tlie fivounte or the Ji;> -'d, and he may infult your authoiitv, and fi,il.^verc your dilcipline without \'OKr being pcr'iiiiteJ :-''ei?. to repiehcnd him. The odiarn and the excr-nal fo) ms (jf patronage you iiave, but li)e iwetts and the tlicniial authoiiry of it hciong to another. 'I'he fiattoiniT aoprcbation that m-iti^es (Idciitv, and tlie dr- aded veprii-rmd tn it ri\'cs > igour to difciphne, are no lo!ip( r : fMiiii . tMcv fiovv* fiorri anotiicr quavier, in (.'p.^ohti'Mi to ^vncfc >'l.%-':cej, not e\Tn die Kii'cr can i:n]jart er.co'.n- (. incrif: or rebuke to the rnihtar)- in India. In ihat branch of the empire all tiiat either \(.'ur power, or bjs Pre- rogative Cin in future be cntilled to, is tl,e a:;g;y ja^K^u.'v of u:^ll^c'!^lul c.uiJid itt's, whic.li will (jvci- attcijj on ih-j. \'i^\ht to aprioiiit. .md tlte rujtcd ifh-iitrnen's wh:;:;> --viil ntceiia: tl}' follow ilic c;;eiciic o{ l.hc only ot!:cr orivilegc vou h.ivt:. ini- ' ... ^ ^ li. tondiUonahly [ a6 ] conditionally to difmirs. To diflribute tlie laurel of military achievement, to confer approbation on judicial integrity, and reward the faithful dili- gence of civil exertiiOn, are ingratiating offices v which appertain to Mr. Dundas. True it is, the foldier, the judge, and the governor owe their appointments to you, but they feel that their characters and eflimation with the world depend on higher opinions, and doubtlefs they will pay their court accordingly. We have now traced the Board of Controul refolutely obtaining the difpofal of millions, and holding themfelves up as the fountain of public condemnation or favour to all the Britifli Settle- ments in India-, what will be faid, when I go on to demonftrate that even thefe flrides werel^not long enough for the ambition of fome men, but that, fetting all oppofuion at defiance, they perfifl in their career, and, more fecurely to carry it on, enable themfelves to acl under the fafeguard of a fwornfccrecy. In the recital of the powers of the Board of Controul as defined by the firll Act of Parliament on the fub]e6l, the Reader will (ind that the Di- , re6lors were ordered to chufe three from amongrt ^ themfelves who were to conftitute a Secret Com- mittee, and, having reminded him of this. I njud beg leave to flate the claufe which directs the pur- pofes to which the faid Committee are to be ap- plied, verbatim, in order that I may not fland fuf- pefted of any mifreprcfentation, By the 15th fec- tion, it is enacted that, " If ihc Board /Jta'l leaf *' opimon, that the rubjc6l matJer of any of their dc- *' liberations, coi'Ccrning the Icvving of war or ** making oi pcdcc, or trta':):^ or nc:'):i::'ii-T ~v;tb " any 0/ ir.e mi'iic I'/iuCii ir tli.^i iii Indui Ihall rc- C 27 ] ^ qwre fccrecy^ it ihall and may be lawful for the ** laid Board to fendfecret orders and inflruBions to " the faid Secret Committee for the time being, " who fhaii thereupon, without difclofing the fame^ * tranfmit their orders and difpatches in the ufual *' form, according to the tenor of the faid orders *' and indruftions of the faid Board, to the re- ** fpe6live Government and Prefidencies in India ; *' and that the faid Governments and Preiidencies *' {hall pay a faith fd obedience to fiich orders ** and difpatches^ and (hall return tJicir anfwcrs '* lealed, (under cover) with their refpeClive feals " to the faid Secret Committee who fhaii forth- " with communicate fuch anfwers to the faid " Board.'* I refrained from takincr notice of this claufe before, becaufe I wiftied without interrup- tion to bring the narrative dovvn to the period when the oath of fecrccy was added to it, in order -that I might confider it in its ftate of perfection. Whether it was ovv-ingto any dillruft the Board might have in the Gentlemen appointed to com- pofe the Secret Committee, as not thmkingthem all tried men, or that the great Commiflioner found when the Court of Directors got any item of what uas going forward they were apt to comment too freely upon it, or that he was angry with the Com.mittee for fome hints they had let out, or tliat he had (ome mailer Ilroke in contemplation which for the good ol the C ompany it was pro- per they (hould know nothing of, or which might not be quite calculated lor public in(pclion, how t])is might be I cannot preiume to lay, but early in the kill ^elhon a claufe was introduced into the new ad; of parliament v.hich comj)cllc'd every meniber of the Secret Committee CO tJ:c a folemn oath, ' not to difclole or make ii 2 " knowa [ 2S ] '^ knov/n any of the ffcret orders or inflruclions " which iTiight b',' connmiinicatcd to him by the " ComniifriOiKTbtor the AlTairs of India, concern- "^ ing the levying of war, or making ot peace, *' or treatih'g or ne^^c elating with any of the " native Princes or Siatcs or India, imlefs he be " authorized by the faid CommiMioncrs to difclofe '' and make known the fame." Thus did the Rip;ht Hon. Gentleman pru- dently prepare the w?.y for any new fchcmes he- might have in agira'.ion, and prevent all imper- tinent obfervation on hii conducl by fwcaring his agents to fecrecy. Never, fo help you nercy ! Hovvftran?-e or odd To e'er I bear myrelfj As I perciiance hereafter lliall think meet To put a:i anuck difpofition on, That you nt iuch times racing me, never fliall, (Witharnij encumbered thuj or t!iis iiead fnake. Or by pronouncing or lo'.iic doubtlul nhrai'e. As, f:dU '~'^cll, ^j:c k/:o--ii.- or --.vs ivouUt, if --Me couui \ Or, :f =vjc l:ji to f^cak ; or i,X'/V be, aii if -v^c might ^ Or fuch ambiguoub givings cut) denote That you ):nc/.v aught of me : This do ye fwear So grace and mercy at your molt nscd help you. Here was the fivd blow oivcn to cveiT pri- vihgeof the ccm;-.:;!V; and fU-p by ft*.']-) we have at Life {u:^A lIu r^al f'-uat'-on to wiijeh, by Mr. Pit::'s b:Ii, it wa:, meanc to r.diice rhc Court of Dirtd'ors, 7\fte;- tlv lanrevi(;u(ly made fome pro^refs in, and were preparing to t-Ilabiiiliup'on a pem:a- fi.nt footii>g. On this difpatch being fubmitted ta the sT [ 30 ] ^ the Board of Controul for their approbation, they exy^ungc ahnod the whole of it, and then deliver this laconic nx'fTage : " y/s -zv-j think it *' more proper that Juch injlrurtions-, as it is noiv " r.ecejfary to tranfmit upcn the Jidje^l, potdd " go thrciigb the channel of your iyecret Corn- " mitidt\ ijjc pall fend a draft to them for that " p'jrprfc" And, that dierc may be no mil- iindculundiiig as to who is Lord paramoiint of the Board o! Controul, Mr. Dundas figns firft, and then foUoivs " William Pitt. i" ego et Rex mens fir ft "" Henry Dundas," next, his Ma- jelly's Prime Miniftcr !* On tlie receipt of this letter, the Court of Directors took the alarm, and conceiving a ;;;.-;i? fecuniary trahfacliouy relative neither to peace nor i:\?r, could nu.r be an object which the legifiature. ever wifhed to keep the light irom, fimply be-- c;iure it v/as a tranfaction with a native Prince of India, in addition to the opinion of their ovvii counftl, cbtain^'d thofe of the Aitcrney and So- licitor General Vv'hich fee in the Appendix No. As I really thought this niufc have been a miilakc ia copying the letter^, I took the trouble to enquire into the fact, and V. ill now afTcrt, that in the t/v^Z/v.'i/ tlie iignaturcs lland a.i ] have described. It ic almctt impohlblc that Mr. Pitt cculd have affilled at the Beard vvlicn thib famous mefTage was o.a'.va up, not'.vithftaading he has figmd it ; bccaufe, h;;d he been prefer.'., he muii, by the Acl af Parliament, ha", e lieca J'fjilljnt, and ri iv.c'^u necefl'arily fignei/"/y/. I ha\e liearJ V h w^.'.', t;.r;t tlie v.av ia w]:i:h bufmcfb is tranfac'tcd at the i;r::-.l ;;f Control;! is this Mr. I), cidat.s and lign^ the dif- T.a;..'".j , v,;ii ;, iiavir.g once obtidnci the lai'.ciion of hi:^ 1 :.'.:\:, ?.;l- j.. ricd ri and to the other C, v-.hoaad t ' ." frrnaMir.: :.., i. riuiiicr cf ccunc. Tiie vv-urltl wili d;':ef- r iiC .V .:;!,..,- ^r :ij v.ht't i hare above !iatea ^i". es a coLur II; tn_ re;u:i. VI, [ 3' ] IV. The three opinions however imiformly ^' agree, that, by the letter of the A6t, the Board were authorifed to proceed in the manner they did. Mr. Smith, one of the Direftors, threw V up his office and refigned a ftation in which he found himfclf deprived of all information on thofe fubie6ls which his duty feemed to require him to inlpcet. (Appendix, No. V. i.) The u^.. General Court came to a ftrong refolution, that ^' the powers excrcifcd by the Board were fubver- five of their " chartered rights, and tended to *' eftablifii a fecret fydem of governm.ent, highly " dangerous to the interefcs of the piiblic and '' Company." (Appendix, V. No. 3.) The ,\ Court of Direftors deputed the two Chairmen to wait upon Mr. Pi't!:, to lay the above refoiutioa before him, and afiv his afll Trance in Parliament to explain the pov/ers of tlie Board of Controul with regard to fecret correfpondcnce. To this requef:, Mr. Pitt, having taken a week to con- fider of, and moll probably to confult v/ith la? friend on the uibjccl, rcturr:cd for anf\vcr, tliac *' he did not fee any gi'ounds for an appiicntioii " to Pariia^iicnt." (Ap'pcndix, V. No. 4, 5, 6.) From Li^.at day to tlii^, the Board of Coiitroui have been arbitrary rriOr.arcjis. I have, in the Appendix, inf^^rtcd the v/hole of the propofcd difpacch, and marked out the par- ncular pnfi'i'.ges i xpiingL-;! by tiie Commilfioners, tor the farisfaciion of the curious reader, ii.nd that I ma) not be accuUd of keeping any uhjng back; but I do not litre m.ean to ta!;c up time by eiiter.ng i;;ro the detail of the bufn-^fs. Isly arg'aneius r^Jl not upon vhc propriety of ex- punging th;i ev :k.;t ;^ arricular pai.-gri^ !i ; it is the [ 3^ ] the principle on which the Board acfls that I op- pofe, becaufe a precedent is now eJiahli/Jjedj by which it will in future only be requifite to con- ne(ft t!;'j ruhjc6t matter with tlie name of any native Prince, or State in India, and tlic key is to be turned on the Court of Diredori.. Let the mod fangiiine admirers of Adiniriliration peruf:; the manly opinion of Mr. Roufe, and the exctllent and fpirited Ltter of Mr. Smirh, anJ if they Hiall fl'Il continue frreniious in fup- port of the Bojrd of Controul, and think that the Court of Dirctlors are not cap.iblc of coiiduv:!ing a n:ere pecuniary tranfa 'ion, I will only beg leave to fay, the fDoner they are difoand.d the better; their falaries are but a burthen to the Company, and their oSc-- of little credit to them.il-ives. To thoJe vvlio aie open to convi:Hcn, m.ay I be allo'.ved to t':ro".v out a f^v/ ideas on the fub- ject of this rriVKerious fccrccy. W!,.?.t iviuil bcc;;".:^e of die ar.tliority of the Compaiiy o\ , r their f. rvcnts abroad under fuch a iyitem ? I: cannot fiT. iy be cxoectid that ]:'uch obedience v/iil be paid to the Directors, \.'.' n it i:- lenown, that tli. ir powers are li eitcd to 'd:e m,ere :. urine of office, and th.et ail the iV'W. nii^:j":.i! c'ilpALf'hes are tranln':;tted \vithout rie-ij' liw-j'^l-^-::-. Oiee (hew tliat tliey are bs- c;) ,^e J-. n ij.i. ,r^, and, d flroving the idea cfrh "r c' -if qu-'i^ee and di'j;nity, you ellcctually Gv f-'.'^^-' ^ : - \^:r'; iwuniurioii or T'.jpect aiid c^.i'.- ) :n e .. . th v ! ik)w flu it'.d, th- ir rank iii '/'- u if j.'dii is ac tlv^ rr. rcy of :. ^,ii.i:.:I-^.i-r-.. 'iae lame fl;i;p n:.:y carry out [ 33 ] out proofs of the omnipotence of the Board of Controul, and the infignificance of the Court of Dire(9tors, and while the inftructionsof the one are inculcating the leffons of peace, the orders of the other may found the declaration of war. In fact, intelligence of confcquence will be known to the fervants before the mafters are acquainted with it, becaufe the difpatches of the Secret Committee may be made public in India when they are not even gueifed at here. So cir - , cumftanced, the authority of the Company will J foon become ridiculous and an object of con- tempt. For protection and encouragement men will naturally look up to the fuperior, in pre- ference to the controuled power, and what has been feelingly predicted by the Directors themfelves will quickly come to pafs ^'^ the fervants will *"^ learn to fpeculate on the probable judgment " which may be after formed on the propriety of *^ the original orders," and the public difpatch will be but little regarded till its concurrence with they^ifr^/ inftruftions is made known. It may be remembered that I ftated how feeble a fecurity was given for the Commiffioners not interfering with the commerce -, I muft now argue more ftrongly, and add, that even the ambiguous protection afforded by the words of the ad:, is, by the operation of it, dire6tly overthrown. Put \/ the cafe that: the Board of Controul fend a dif- patch to the Secret Committee to be forwarded to India, which, through the medium of Ibme na- tive Prince, materially affe6ls the trade of the Company. By their oath the Secret Committee are retrained from giving any information of the danger, and, as difpatches received in fecrecy are to be fec;-etly arf-doered., it is obvious that the F Court '\ C 34 ] Court of Direftors can never know of the en- croachment till they feel it in its mifchief.- What now becomes of the boaftfd appeal ? It is to all intents and purpofes annihilated. No man can Ihew me a prafticable method by which the Company can avail themfelvc s of that claufe in the aft which fays, " his Majcfty in council ** fhall decide whether any propofed difpatch of " the Board is, or is not, connected with points on *' which they have no authority." The King cannoty without the voluntary information of the CommiJftonerSy come at the bare jiatement of the fa^ly much lefs give a decifion. The feel- ings of the India Company may, perhaps, with- out hazard be infulted, but decency fhould have forbid the name of Majefty from being fported with. How muft it appear in the eyes of Eu - rope, that an A6b or Parliament which direds an appeal to the King, reduces him to the necef- fity of himfelf petitioning a fubjcft to grant him the means of diftributing Juflice upon it! While I am on this part of my fubjed: let me take the opportunity to obferve, that the Prero^ ^ative Qf making feace and war no longer ex- clufively flows in its ufual channel ; it may be ex- erted in India, by the fecret powers of the Board of Controul, without any participation or know- ledge of the Crown. A dafh of the Right Ho- nourable Commiffion?r's pen can fct the whole, country in a blaze, and none but himfelf and col- leagues can quench the conflagration. You In- dian Princes v/ho wilh to enjoy the bleflings of peace, profit by die hint ! Come with offerings and pour your tribute into the lap of him who is the new Sovereign Difpofer of fertility or dcfolation. In proponion as your allegiance to him [ 3S ] Him Is proved, (6 may your Territories be pro- te<5ted or endangered, and, as your homage is ne- glefted or paid, the Temple of the modern Janur may be open or fhut. Strange ! that the loyalty of the people Ihould be at the fame time fo vigilant and yet fo blind I that they Ihould fee the danger of giving excef- five power to one fet of men who were to exert it openly i and yet transfer a prerogative to another who are to exercife it in fecnt ! That a public aflumption of the difpofal of offices without the King's participation, fhould create almoft an in- furrefbion, and yet that the fate of an empire fhould, without jealoufy, be fubjefted to a few individuals as a private triiji I That they fhould defend their Sovereign againft a diflant florm of which he could gradually perceive, and prepare ag^nft the approaches, and yet airifl to lay a mine of which the difcovery and the mifchiefs may be felt at the fame unguarded moment ! Let the Right Honourable Commiflioner fit upon his fecret throne for a few years longer, and who fhall dare to counteraft him I Dreaded by one half of the princes of India, and gratefully adored by the other j with the fervants of the Company looking up to him with reverence, and the Di- re<5tors regarding him with awe; having exten- fively fcattered his connexions abroad, and con- ferred obligations on hundreds at home ; with the wealthy Plunderer his friend from fear, and honeft Poverty clinging to him for advancement ; in a word, with the whole Eaftern empire in his grafp what power is there in this countr)^ that can withftand his influence ? If the crown does not/con exercife its right to revoke the Ccmmifficit.the jeafcn 9f kingly authority may be pafi, I throw out this as F a comfort [ 3 1 comfort to thofc, who fear the prefent Bill will cncreafc the patronage of St. James's, and as a hint to fuch whofe bufincfs it may be to watch over the rights of Prerogative. Let me now> after afking pr.rdon for this digreflion, return to the Secret Committee. * The three gentlemen who conftitute it are forced into the mod cruel fituation that can well be conceived. As Di"c5fcrs they take an oath, " ac- " cording to the bed of their underftandings, to give " their advice, counfel, and afTiHance for the fup- " port of the Company;" as Secret Covimitteemen they fwear, *' not to dilciofe or make known any *' of the fecret orders which Ihall be communi- " cated to them by the Board of Controul con- *' cerning the levying oi war or making of peace, " ox treating or ncgotiaUvg w'lih any native Prince " of India." A multimde of cafes might be put in which thefe two oaths would mofl. materially c.laQi, but I v/iil beg leave to flate onCj the grounds of which are fre(h in the Reader's memory. Sup- pofc the difpatch relative to the payment of the Nabob's debts, as altered by the Board of Con- troul, bad been fent to the Secret Committee to be forwarded to India (and tlie opinion of Coun- fel authorizes rr,e to fay that it miglit) ; what would have been their fituation ? Either they muft have * Let iTie not !icrc be thought to mean any the mod dif- tant rcticdior! oa t!ie prLlent Mcmbjis of the Secret Com- mittee ; indctdl need not do more than fiiy that Mr. Man- ihip is one, to prove that no dilrcfpectful mfmuation can be ihtendcd. I; I oiiit of fad too, the mifchiel's complained of did not fiicw ch'.;u;''.-ci. till afcer the three gentlemen, wha no\v hold t!i."t.ai'- were f.vorn. lam convinced that the nature of the Lr;:c was net, when it was undertaken, fufii- cicntly confidcrcl, and my on!y objcti: is to open the eyes of thpfe '.v]io may be ap^^vL-tcd m \^nl ne^l. deviated [ 37 1 deviated from the obligations of fancy to which they vfQVQ /worn, or they muft fikntly have ac* quiefced in a meafure, ** which," to ufe their own expreflion, *' their duty required they fhould " Jlate their Jlrongtjl dijjent to.*' Indeed I look , upon the Secret Committee, in the very nature >J of it, to be fubverfive of every principle on which bufinefs ought to be tranfadcd. It is a conftitution of three Gentlemen appointed to receive the pay of one defcription of men, for executing the commiffions of another, and li- able to be driven into that ftrange predica- ment, that they betray their truft when they difcharge their duty. They may be forced to Cgn as their own opinion, that which their ienti- ments revolt at, and incur rcfentraent and difgrace when they are entitled to compaffion and favour. Though (laves they may be hated as tyrants, and, while they only difcharge an infigniiicant agency, attral on themfeives ail the odium that attends on ufurpation. With the molt upright intentions towards the Company, they may be compelled to fign the death warrant of its rights, without being able to forewarn the vi6lim of its danger, and in a word, become to the Board of Con- troul, what his Maki are to the Turkifh BaChaw, the fecrec inftruments of arbitrary power. The chaiaclers of thofe who now are Cora- milTione'.o .ox the aiTairs of India give us fecurity again'l tacic mifchiefs at prefent, but I maintain that ui.dci- the operation of the A6lsof Parliament luch tilings might happen. L.ct mc now addrcis myfelf to t' c Court of Di- rcdors as the Kcprefentacives of the Ealt-India' Company. In [ 38 ] In return for all thefe infults, and encroach- mcnts, what aWantage can you prove the Com- pany to have received. What franchife has been confirmed to them, or what privilege explained' in their favor ? You will anfwer, your patronage is preferred ; let us fee how that ftands. You arc not allowed to fend out one fervant to India, under the degree of Counfellors, until thofe al- ready on the fpot are provided for, and 1 believe" I am not far from the truth when I fay, that be- fore that happens, your charter will expire. I admit you have the appointment of Counfellors at die different Prefidencies, but let me afk, without hinting at the weight which it is pretty "Well underftood the recommendation of the Board of Controul, privately fignified, would have, let me afk whether you would think it prudent to appoint any man, how extenfive foever his merits, who had the misfortune to be obnoxious to the Right Honourable Commiflioner ? 1 fee you redden at the infinuation, and prepare to vindi- cate your independence. Well then, perfift in your own nomination. Your favorite fhall take his feat with triumph He is a Conn- fellor. But let him now beware how he a<5ts -Let his obedience atone for your ob- ftinacy, and remember that Prote^ion muft come from another quarter ; let him bow and fubmit to the politicks of the reigning Powers, for if unfortunately he fhould be pronounced " refracfory^'" he Jhall be difmijfed the jervice and Jcnt heme to England I All that relates to Governrricnt or Revenue, is avowedly und^:r the Board of Controu), from whence [ 39 ] whence itdemonftratively follows, that to encreafe the power ofthe Governor General, is to encreafe the power of the Right Honourable Com- miflioners. By the late regulations of Parliament the number of the Council is reduced, and the Governor General enabled to afb independently, of them, hence the right of (^ifmiffion becon^^s more valuable to the Board, and three out of four of your appoititments are rendered infignificant. Let it be conlid^red too, that the choice of Coun- fellors muft be made from amongft thofe who have been twelve years refident in India, and the privilege of recalling will appear ftill more im- portant. As to the Governor General, I fancy it wiU hardly be cont< nded bat that your conduct in the nomination of him is regularly founded upon a fort ofCoTjge d'Elire\^io this, however, you will anfwer, that you have the power of difmllTing hirri at your pleafure. True, but to what end ? Of men qualified for fo very arduous an office, there are but few to chufe from, and Ihould you perfift in the exercife of this ripht, you would foon be -driven either to appoint him who is inadequate to his taflc, or fupport him who may infult you with impunity. May the Noble Earl who at this day prefides over your affairs abroad, long fuperin- tind them ! but do not forget that not even the virtues of Lord Ccrnwallis may be able to exempt him from the common lot to which hig ftation, by the fyftem row elVabliihed, is liable. Whenever fufficient ufe fhall have been made of his reputation as a folcier, and his fame for in- tegrity as a man, it may afford but little fecurity to him, that his conduct has been exemplary and his feryices eminent. Abfolute difmifllon would indeed [ 40 J iindeed create an alarm, but the feelings of a vetsran are nice, and a refignation might be ^afily provoked. Thwarted and privately teized on every meafiire, he might be driven to retire in difguft, and leave the Government of India to be managed by a fucceflbr better read in fecret inftruftions. If everfuchan event fhould take place, the bleflings of the Secret Committee, tiie power of the Board of Controul, and the value of your nominal right to appoint, will all, moil probably, appear in their true colours. As you are at length from pracftice, able to look upon encroachment without that violent in- dignation which formerly agitated you, may I be allowed to bring to your reco]lc6tion the bill in- ti'oduced by Mr. Fox in 17B3, and prefume to compare what you then fo furioully refifted, with what you now fo patiently fubmit to. ^ By the hill of Mr. Fox, the management of the India Company was vefted in feven Com- miflioncrs, of whom Earl Fitzwiiliam was Pre- fident. Thejr office v/as to continue for four years, and their condu6l was liable to the con- flant infpeftion of Parliament. By the bill of Mr. Pitt, your affairs arc governed by fix Corn- mi fTioners, of whom, in every paper but one wliich has been produced, Mr. Dundas appears to take the lead. Their powers gain additional flrcngth every day, and no fcafon is marked out to perfect their growth, neither, unlefs xh^y chufe it, are tlicir proceedings to be examined by any human creature except fiich as are fworn not to difclofe them. What was thrre here to entitle the latter me^ifure to the prefeitr.c e r is the chai'accer of Mr. Dundas more reipe6lable than that of Lord Fitzwiiliam, or is a Secret Govern- mcht, in the hands of the on;-, lefs liable to fuipicion. [ 41 3 fufpicion, than an open exercife of authority un* tier the diredion of the other ? Mr. Fox took the commerce, and lodged the fuperintendence of it in nine gentlemen, ex- prefsly nominated for that fole purpofe. Mr* Pitt neither takes it, or lets it alone, but, by a new fpecies of ambiguous policy, leaves it to the King to decide on feme future day to whole trull it ought to be committed. What is there of fuperior advantage to the Company in this ? Or even if the words could be fuppofed to hold out any benefit, have I not Ihewn that the o'peration of the A(5t would effeftually deflroy it ? Lailly, by the hill of Mr. Fox, the fervants were to be refponfible to thofe who appointed them, but, by the conftruftion of Mr. Pitt's Af, the right of appointment excludes the idea of au- thority. I will not offend your understandings by an attempt to Ihew the abfurdity of fuch a propofition. I beg it may be underflood, that I avoid all argument upon the effefts which either of the bills may have on the conftitution : Such a dif- cuflion would lead much beyond the liniiLs v/hich I have prefcribcd to myfelf, and therefore I will refrain from any opinion on the fubjcctj but, as far as relates to the Ccmpanyy I maintain V rhe bill of Mr. Fox dcfcrvcd live preference. Its actions were open and avowed, thofe of the other fecret and in die dark : Both dealt dcflruc- tion to your chartered privileges^ but the m.ea- furc you refifted was as much fuptricr to the interference under v.'hicli you at prefent groan, as war is to a iTafTi nation. In avoiding the Charge you fell into the Ambufn, and I knov/ of no other diftind'on than tliis, tiia: inlle^id cf G dyJn^i; [ 4^ 1 <\')h^g honourably in the field, you arr now rr- fcrved to perilh in ignominious captivity. I fay to pcrif^, bccaufe I hold it impofTiblc vou can furvive the year 1790 when your char- ter expires, for every Proprietor mud feel that your prelcnt conilitution never v;ill be renewed J nor is it to be wiflied it fiiould. So ftrangc a mixture of nominal authority and aftual impotence is contrary to every prirxiple on which a Government can hope r.o be profpcroufly conducted, and your total annihilation v/ould be infinitely better than your prefi-nt doubtful cxiflence. Let the Board of Cciirroiil fLand forward and openly take <^//, the ::;;'; /j j.o\::y and the I'jh'jU rej^OKJlhuityy and v;e know v.hat we have to trull to ; but a J'ecrct, u-iid:jiucd lyftci;!, be it exfrcikd bv v.iiom it m;vv, will ever beget /^//jj/t/i-;;, and ti^cn follow jtalouf c'.s, bick' iiiigs, and want of confidence, evils v.ifich are dangerous to the V. I'll bcin^; of evc.lv fjcietv, but which, to a co;"::v^crci.d one, n;i;il Uil:;t;;::::1v biin:i: deitruc- "r was f-;'.H'>kd that the rroprictors he a \X.-:sA m dLiirrcc of their i^rivikgcs, '.:\\ ihc iiilhce of ParlianK-nc i^r rcdi\i'!~, c icrmc hojjes t!;at your coraVc'i.iv nco ':fn be rcitorod, and il:a; )(;u ;;:ij:ht \\;\v: r.'.iik an.oiv, [u die co-yoiuru/iis u\ lk.it d:e lot: is v.-w d;\ w;-, tiie only :! . r C';u]d k-.Ui 10 c;j; ie;ii;n',; vci; iinm : >! c.Atij i.i'ir.';! o , 1.,^, \\\\-\ c (.i.C;[i\'e I'l'i \\ ;' ^'.\ if, an. I V.v UiLMi !;; iein o: t:i;* [) ihe B; :<:..! 0. Coi'irruul 1.,:.^ bv-:eii \^'lk:e wci;:.! w:.^ ^u'^ petu; tl'Cre ve; i-'f.'i:t a;j V- t wi n t (; Kn-hP'k *nx,-: ^. duM;-:- neii^-k-e Co!-iu:r, V'MU.dk' [ 43 ] Your fituation therefore is now without remedy, and the pi6lure of your pafl and prefent condition, when painted by the hand of truth, moll mor- tifying. I will exhibit it faithfully^ and then take my leave of the fubjeft. It is but three years ago that you attr?.6led the notice of all Europe. You complained of an attack on your charter, and every man, from the King to the plowman, took the alarm. Such was your confequence at that period, that within a few days you carried all before you. You faw a whole Adminiflration routed, a Ivliniiler fup- ported in oppofltion to the Houfe of Commons, a Parliament fuddcnly difiblved, and the name of the India Company fuflicient in almoft every borough in England, to over throw all confidera- tions of property, connexions, or Rank. Mark the fequel ! Tou raijed a poiver to cYujh yourfelvesy and in the very moment of the mod complete vidlory, you were obliged to fub- m^it to the conditions of the mioft difgraceful defeat ; a defeat, compared to which, the over- throw you efcaped from your original enemy would have been glorious. The attack of Mr. Fox certainly would have taken every privilege and franchife from you, but you would have loft thtm honourably, and the Company have expired with the reputation of martyrdom. Better would it have been fo to have died, than to be allowed to live on fuch terms as the pre- J fent. The conqueft obtained by the Board of Controul adds infult to injury, and having taken pofleflion of your citadel and made you pri- foners, compels you to walk in the Conqueror's train, drefied out in the pomp of vour for- mer dignity, like captives in a Roman triumph ! G2 t 44 ] All the parade of your loft oonfcquence "remains while you are not able to call a fingle privi- V lege your own. Without knowing what your duty is, you are rcfponfible to your conftituents for the difcharge of it, and though oflenfible rulers of India, you cannot carry one meafurc .A^ into execution. With all the mockery of nomi- "^ nal power, you are deflitute of vigour or efficacy, and you fit with paper Crowns upon your heads, to copy difpatches, and lament your fate 1 P O S T S C R I r 1'. POSTSCRIPT. A REPORT having been induftiioufly circu- lated, that the Board of Controul had made fuch conceffions of power as to have fatisfied the Com- pany, I have thought it proper to add a few words on that fubjed. At the General Court held the 7th inflant, a inotion was brought forward, " That a Com- *^ mittee be appointed to confider of the means " proper to be adopted, for afcertaining and more " efieftually preferving the rights of the Court of *^ Dircdorsand Proprietors." In order to prove that there was no necefllty for a meafurc of the kind, a paper was read, coming from the Board of Controul, which, on a curfory perufal, ftruck Mr. Roufe to be fuch a renun- ciation of the Secret Powers as the Company migb.t be fatisfied with. The motion on this was about to be withdrawn, but fbme little converfation hap- pening to arile, a fecond Paper by accident fell into Mr. Roule's hands, which fo clearly proved the duplicity of that which had been held up as a con- ceQion on the part of the Board of Controul, and the litde fccurity the Company had for the future prevention of the encroachments they complained of, that the learned Counfel defired to rctraH his firj} opinion^ and let the motion take its courfe. I'he c inlcquence was, that it was fent to a ballot, andtheie decidedly negatived! That I may not appear to keep any thing back, I have infer ted the firjt Paper alluded to, in the Ap- pendix [ 46 ] pcndix No. VI. and the Reader will there alfo fee that it is not ray fault he is not gratified with a fight of thefecond. \j As the cafe at prefent flands I can give no fur- X- ther information on the fubjeft than, that the '.v|t|> f" <^:Paper which feemed to be advantageous to the Rights of the Company, was officioufly produced and pompoufly read, while that, which took away from them even the app.annTc of fecurity, was dire6ted to the Secret Commktee, and only came to light by the mijlake of a Clerk, Let the world make its own comments. t ] ^1 APPENDIX I. No. I. Vi^mands of Brilljh SubjeBs on the Nabob, 24. Geo. III. cap. 25, XXXVII. A ND whereas very large Turns of J^\^ money are claimed to be due to Britiili fubjcrdts by the Nabob of Arcot, in the re- covery whereof, it is expedient that fuch affift- ance (liould be given them as is expedient with the rights of the laid United Company, the fecu- rity of the creditors, and the honour and dignity of the laid Nabob ; Be it enadled. That the Court of Directors of the faid Company fiiall, as foon as maybe, take into confidcration the origin and jufticc of the faid demands, as far as the materials they are in polTcfTion of will enable them to do, and that they lliall give fuch orders to their prefidencits and fervants abroad, for completing the irrjcJiigatioH tlier^jof, as the nature of the cafe fliall require, ind eriablifhingin concert with the faid Nabob, fuch fund for the difcharge of thefe debts which /ball be jufily due according to their refpeftive cliim.s and priority, as fliall be confluent v/ith the lights of the faid United Com- pany, the fecurity of the creditor^:, and the honour and digniiy of ihc faid Nabob. B No. APPENDIX No. I. No. 1. Difpntchi as crigiually drawn by the DireScrSy re- lative to the Mcde of Liquidation of Public Debts, and Debts to Eur op can Creditors. 65. Purfuant to the diredtions in the late a6t of parliament, we have taken into our confider- ation the origin and juftice of the demands of Britifh fubjefts upon the Nabob of Arcot, fo far as the materials in our poflelllon have enabled us to do. 66. Thefe demands are diflinguiflied under die following heads, viz. The old debt, The new debt, and The debt to Melfrs. Tavlor, M.ijendie, and Call. 67. The Nabob himfclf, in liis letter to Go- vernor Palk, of the 1 2th December, 1776, ha*i given die bcil account of the orio-in of the old debt that is to be m.et with upon our records, a copy whereof is inclolcd, in wliich his right, after enumerating the caulL's v.hich, from time to time, obliged him to procure pecuniary aids, declares, '' that the futnb- lent him were truly and juftly '^ lent him." The account of tliis debt in ja- nuarv, 1767, appears to be about 22 lacks oi pagodas, at which tniie the intercll tiicreon was reduced to 10 fcr cent, in conf/quence of oux* orders of tlie 17th of M:iy, 1766. Not more than a fourth p.;rt ol this cle'ot, we uiidcriland, remains to be diich.arged, tiie Company jiavin^; frequently recom.n.nded the cafe of th'.Me old creditors to the N.^bcb's i.;voi;rable sxiuw'-.ow. L6. ]r APPENDIX No. I. 3 68. It was not imtil the year 1776, that the Court of Directors were informed, that the Nabob had contracted a new debt, exclufive of the cavalry loan, to a much greater amount than the former. It is Hated in 1777, at which time it was confoli- dated at thirty-five lacks of pagodas, bearing an intereft of 1 2 per cent. 66. Although we have repeatedly written to the Nabobs and to our Jervants^ rejpe^ing the debt^ yet we have never been able to trace the origin thereof y cr to obtain any Jatisfalory information upon the JubjeSl. 70. It is true, the Nabob has afTured us in his letter of the 12th of Auguft, 1783, " That " the claims of his diftrefTed creditors are the '' claims of juftice, and whofe demands he is " bound by honour and every moral obligation, *' to difcharge ; that it is not, therefore, without *' great concern, he has heard infinuations tend- *^ ing to queftion the legality of their right to the " payment of thofe jull debts, which proceeded " from advances miade openly and honourably for '^ the fupport of his own and the public affairs." ' 71. But notwithftanding the Nabob has thus admitted the fairnefs of thefe debts, yet, from the anfwer in his paper ofrequefts, it maybe inferred, that the Governor General and Council enter- tained a different opinion concerning them, when they thought it reafonable to require, that there fhould be an abatement of 25/. per cent, from fuch of the debts as may have been transferred, and that the whole fliould be difcharged without inte- reft. Befides, fufpicion refpeSfing the nature of thefe latter debts^ not vtry favourable to thofe con- cerned in them, have been dropped from high autho- rity upon the fpot. B 2 72. We A. APPENDIX No. I. 72. Wc do not mean to qiicflion the Nabob's right to ifiue his bond to whom he pleafes, but when thoje pecuniary tranja^ions have relatio7i to cur 0W7iJervants, who are bound to the Company for the performance of various conditions under certain penalties ; in all fuch cafes ^ it is our indifpenfahle duty to call upon the Nabob for every information upon thefubjely and we make no doubt his High- nefs will lee the propriety thereof, and afford us compleat fatisfatfi ion herein. We are in an efpe- cial manner impelled to procure fuch fatisfaftion, when wc confider, that, tor the difcharge of thefe bonds, the revenues of certain difiriEis have been fiffgned to our fervanls^ from a country ^ the defence of which refis entirely with the Company., who are therefore particularly interejled in every thing that concents its refources. 73. For thefe reafons, we fliould have thought it our duty to enquire very minutely into ihofe debts, even if the A61 of Parliament had been ^ filent upon the fubjedl, before we concurred in any mcafurcs for their payment. But with pofitive injun^ions of the aEl hefore us., to examine into their nature and origin, we are indifp enfably bound to direct fuch an enquiry to he inftituted \ and we therefore confidently hope and truft, that you will obtain from the Nabob and the creditors, the mofl: fatisfaftory account thereof, before you lend the authority of the Company to any plan for tlicir Lqr.idation. 74. With refpedt to the 3d article we find that in April, 1777, the Nabob conrra6ted a debt v.-ith Mefirs. Taylor, Majendie and Call, of four lacks of pagodas, faid to be advanced him, to pay the ;'.rrears due to his troops, for the rcprjymcnt of: v/hich, the Madras Government engaged to be the kciirlty : But the Court of Dirc'fcrs difavozved the iranfu^iior:. APPENDIX No. L 5 tranja^fion. The accounts of the Nabob's officers will Ihew the feveral advances which were ac- tually made in confequence of this loan, and whether the fame were appropriated to the pur- pofes intended. 75. It appears to us eflVntially neceflary to call for thefe explanations, as the Nabob has aflerted in his letter of the 22d of March, 1779, that tlie two years were nearly expired. Mell'rs. Taylor, &c. had not entirely difchargcd the arrears of thofe troops. 76. In the inftrudlions given by the Nabob's creditors to Mr. Richard Jofeph Sullivan, the 21 ft of February, 178 1, on his proceeding to Bengal, we find the follov/ing ftatcment : Pagodas. The principal of the new confolidated debt is 35,oOjOO The arrears of intereft at that time 10,32,500 45,32,500 The annual intcrcfl of this Rim is ftated at pagodas 5,43,900. 77. I'he letter from Madras of the i3thM:ircb, 1779, ^'^y-''' ^^^^ bcfidcs the confolidated debt of 35 lacks, it is probable the Nabob may owe to individuals about lo or 12 lacks more, including the money due to MeHrs. I'ayjor, Majcndie and Call, which additional fiim takes in tlic wiiole of the Nabob's debt. 78. Tlie following then is the mofi: accurate ftatcment of the Nabob's debts to his iiuropean creditors, taking the coiripound inrerclt into the calculation, that we are able iVem die materiais before us to procure. Pa'^odas APPENDIX No. I. Pagodas 45,32,500 as above. 16,31,700 intercft thereon to Fe- bruary 1784. 12,00,000 as above. Pagodas 73,64,200 79. We are av/are that the amount put down here, docs not exacaly agree with the Nabob's own llatement of what iic owes to liis t.uropean creditors, as n.cntioned in his paper of requefts to th-^ Bengal Government, which produced the Treaty of April 178 1. " Befides," fays he, "the " expences of the Company, ihe pay of my " troops, the native bankers, mv creditors, the " I'lindoo 2nd Midlehncn feciiritics, I am in- ** indcDted about fcve.nty lacks of pagodas to '' f.i:ronean crcdirors, both old and new, and ** people being under the protection of the Corn- " pany, h(i. In this flare of unc-rri-inty, as to the ori- gii-, of tlie demand of the ol-J. and new crediton., particularly the latter, (-n-hh-b precludes us frcrc j::::'g:::g cf ihe jujUce therccf) and their aclual a-roi'-nr, the knon-ied'/^e of isjhrchy zi'c CGtudi-e^ can (lii'-y i)e chtalncd np^n tkc Jpcl, we hereby direct our Prefident and Couneii of Fort St. George, i'.rmediately upon the receipt hereof, to enter in- to a full examination as to the poir.::. mentioned in rh<- act, vi/. The origin and jufrice of thefe d.rv.and? ; alio 'die txaet: amount thereof, 'jshethcr the I'ums ''Jje>'c ':'L::i.y and b(/na fide advanced, an*.! nrie'U v/hat particular occalion, aifo the names of eael.' i'-dveidual crcdiicr wiio fu.all prove his del', tv ihe Jctisfc5ii:n cftbeJaidPrc/idci.t and Council . 81. Having- APPENDIX No. I. 7 8 1 . Having compleated this enquiry, in which, as before- mentioned, the Nabob rni'.ll be requeil- ed in our name to furnifli every pofTible informa- tion, the whole of tiie proceedings mufl be tranf- mitted to the Governor General and Council, who are hereby directed to take the fame into tlieir confideration to determine thereupon, and to eila- blilli in concert with the Nabob, through the me- dium of the Prefidcnt and Council of Fort Saint George, " Such a fund for the difcharge of thole* *' debts which fliall appear to be juftly due, ac- " cording to their refpedive claims of priority, *' as fliall be confident with the rights of the '^ Company; the fecurity of the creditors, and " the honour and dignity of the Nabob." 82. We think it nccellary to acquaint you, that as many of the creditors, now refidino; in F.n'z- land, as fliall prove to our fatistaftion the origin and nature of their feveral claims on the Nabob, agreeably to the intention of the Legiflature, their debts fiiall be confidered as iuft and legal ; anJ, lb foon as the fame fnall have been fablhmtiated, a particular account thereof fiTall be tranfiiiitted to you, in or.ier that they may be included in tiie liiturc plan to be rornied lor the iiqi:idatioii k>\ the wiiole. From tlie c^reat en-.h.irr.ifTiV.cr.t, borh to the Nabo!)'.s ar.d to rite Co!r.p;u"!y's aifairs, v,'!iich t'le enormous amou;.: or t!v:'!e private claims have occafiori'-d, wc: are luippy t(j iind tlic Nabob wilUnfZ to en.i'.ii'-e, net to incur any nev; d..bt with iudividiii^ls ; aiid we th;;:k hrrle d,Ki^ uky will be fou;ul \\\ pt.riUaai;Kr i.;^ 1 li^^iincis to ent. r into a jjoiitive engageiuci^t lor ri:i.t jMii'pufl*. And thoM;":'-! tiiv i /'j'lllutL:.".' ha^ liius hLiinantly inr';r;^'i''.d i;i l)eh'k ^ ! iL:.:.i .i.;k\ ivki.us, .1. niii;!;: 8 APPENDIX No. I. otherwife have been drove to great diftrefs ; yet we hereby pofitively prohibit any of our fervants, or other Britifh fubjccls under the protection of the Company, from making any farther loans of money to the Nabob, or any of his family, upon any account or pretence whatfoever, declaring, that we will not hereafter interpofe our authority to procure fatisfadtion for engagements fo entered into, contrary to thefe exprefs directions, and the intcrcfc of the Company. 84. Since writing the above, the original re- gifter of the Mayor's Court at Madras, dated the 1 6th October, 1780, has been laid before us, fpecifying to whom, and at what time, the pay- ments were made on account of the cavalry loan, amounting to pagodas, 4, 23, 436, 13, 26, alfo co'jy of a letter from Meffrs. Call and Taylor, dated 25th March, 1779, ^^ ^-^'-' Refident and Council, we fend )'ou a co})y of thcfe papers for your infonriation, and to guide your judgment in the decifion which you are to give refpccling the juitice of the cLiiir.s of Meffrs. Call, Majendie, and Taylor. No. 3. DUto Difpatch as altered by the Board cf Com-rAJ- fi oners. We ntrxt proceed to give you o'jr fcntiments ref])ecting the private debts of tlie Nabob ; and v/e cannot btit acknowledge, tliat the origin and niitice borh of the loan of 1767, and the loan of 1-77-7, conimoidv c-illed the cival; v' loan, appjjr / i^s cL-r.r ciy:d iudup'^tchl:, a'^r^'d^d^y to the true fcnfe (I'ld f?h-it of ih: la:.: .ih: c-' p-dlnmcKt. APPENDIX No. I. 9 Infpeaking of the loan of 1767, we are to be underftood as fpeaking of the debt as conftituted by the original bonds of that year, bearing in- tereft at per cent, and therefore, if any of the Nabob's creditors, under a pretence, that their debts made part of the confolidated debt of 1767, aidiough fecured by bonds of a fubfequent date, carrying an intereit exceeding ten per cent, (hall claim the benefit of the following orders, we direct:, that you pay no regard to fuch claims with - out our further efpecial inftru6lion for that pur- pofe. With refpeft to the confolidated debt of 1777, it certainly ftands upon a lefs favourable footing. So early as the 27th March, 1769, it was ordered by the Prefident and Council of Fort St. George, that for the preventing of all perfons living under the Company's protcdlion, from having any deal- ings with any of the co>:ntry powers or their mi- nifters, without the knowledge or confent of the board, an advertifement fhould be publiflied, by fixing it up at the Sea Gate, and fending round a copy to the Company's fervants and inhabitants, and to the different iubordinates, and our garri- Ibns, and giving it out in general orders, dating therein, that the Prefident and Council did con- fider the irr ever/able order of the Court of Direc ' torSy of tht year 1 7 1 4, (whereby their people wen exprefsly prohibited from having any dealing with the country governments in 'money ^natters) to be in full force and vigour y and thereby exprelsly for- bidaing all fervants of the Company, and other Europeans under their jurifdi^lion, to make loans ^ or hiive any money tra-nf anions with any of the princes or fates in hidia^ witho:it efpecial licence and perm ij/ion of the Prefident and Council fcr the C tir^;s 10 APPENDIX No. I. tmc beings except only in the particular c^fes there mentioned; and cleclarin(T, that any vvilful deviation therefrom fhtnild hz dQ.K:mci\ a breach of oicLrs, and treated as fiich^ And on the 4th of March, 1778, it u-as relolved by our PreG'ent and Council ok Foit St George, that the conjo- h dated debt of 1777-. -zoas not in any refpeB what- ever conduced under the a-ifpiccs or protcclion of that government; and, on thccircamflances ot the con- lolidation of the faid debt being made known to u^, we did on the 23d December, 177S, write to you in the lollou'inLj; terms: " Your account of the Nabob's private debts are very alarm- *' in^^ , but from wharever cauk or caules thofe *' debts have been contratted, or encreafed, we " hereby repeat our orders, that the fanftion of " the Company, be on no account given to any *' kind of fcfuril^ for the pajnient, or liquida- ** tion of any part thereof, t-xrept by the exprels " authority oi the Court ci" Directors, on any *' account or any pretence Vi-hatcver." 1 he loan of 1777, there: ore, has r^o f unci ton cr aiilLcru': /roiii ;/>; .;!;d, in ccnhieiing tiie fitua- lion and circumUan:cs ol this inan, wc cannot omit to oblervc, thaf. ihe crcd:tc/rs ccnld not be ignorant; I'o:v ";cat-v the afF.:!-s (;f tlie Nabob were at tliat t!;;ic rk 1 1. '.',! \. y '.!;.' ! liiat his debt to the C\)n)nanv v/a;; l;:c; a \'cry i.f wLi, i:, t;:e r :>vfi:-o t'j^: ^ he n.(-ll clledual \\',;y \r, v,.-,;ip: i-", hv- prorn:';: ^ , a"< ai'Ij-j^nmcnt of hica S;:(:';inc :v"cn;;-s Ijr ').'. c. -.'rh v.%i; oi their own (;(:b^s. as ;;! ;ne c. ..t:i-ii..;v.::^ ...l^iijj ihc Nabob to di(( Iiar:-;c lh;)!c (-i t iu'v\.n;n.:- V. U:rTjr cil 1. '/:. cii : / f.ryJd he zih-^r- r:niUd to rc/::^c our c , :i ,';-; '/:' 1 cr every LJ l..:J l:^.i. ; I...L V, i . ; 1 . ' . . : 6.'^\ ihc 'tiiCKfC- auu.y APPENDIX No. L 1 1 dkncy of keeping the fuhjcH of the Nabob's debts bngc afloat than is abflutely necefjary ; zohen we confider how much the final conclufion of this hufinefs will tend to promote tranquility, credit^ and the cir- culation of properly in the Carnatic ; and, when we confider that the debtor concurs with the cre- ditor in eftablifhing the jultice of thefe debts, confohdated in 1777, into grofs {urns, for which bonds vvere given, Habic to be transferred to per- fons different from the original creditors, and having no fhare or knowledge of the tranfattions in which the debts originated ; and of courfe, hoiv little ground there is to eypcci any fuhflantial geod to refult from (in unlimited inz-elUgation into them, we have refolved fo far to recocjnize the juilice of thofe debts, as to extend to them that pro'cclon wbich, iipcvi more forcible grounds, zvs. have fecn caufe to allozv to the other two clajfcs cj debts. But although wc fo far adopt tiie general prefumption in their favcui, as to ad- mit them to a participation in the niarmer 'jcre- aftcr diredcd, we do not mean to debar you from rcceivinff anv com-o'.aint aTainll thofe debts of 1777, at the inflance eithe.-' ofl-he Nabob him- felf, or of other creditors injured by their being fo adiriitted, or by other perfon'; having a pro- per intercifc. or Haling reafonabla grounds of ob- jection ; and if any complaints are oIFered, we order that the grounds of all faC;i be attentivel/ examined by you, and be tranfmitred to us, to- gctiicr u'ith the evidence adduced in fupport of them, for our final d(;ciht)Ti; and as we have be- fo\e directed, that tlie fum of 12 Iac!;s of pagodis to be received annually from the Nabob, (houlJ be paid into our trealury, it is our order, tn.:' ihs lame be diilnbutcd to the following wrrang'^ment : C 2 Th.t tn A P P E N D I X No. L That the debt be made up in the following anner, viz. The debt confolidated 1767, to be made up to the end of the year 1784, with the current intereft at 10 per cent. The cavalry loan to be made up to 'the fame period, with the current intereft at \i per cent. The debt confolidated 1777, to be made up to the fame period, witii the current intereft at 12 per cent, to Nov. 1781 -, and from thence with the current intereft at tix per cent. The 1 2 lacks annually to be received, are then to be applied ; ijl. 1 o the growing intereft on the cavalry loan at 12 per cent. idly. To the growing intereft on the debt 1777, at Cix per cent. The remainder to be equally divided ; one half to be applied to the cxtinttion of the Company's debt ; the other half to be applied to the pay- ment of the growing intereft at lo per cent, and towards the difciiarge of the principal of the debt of 1767. This arrangement to continue until the prin-i cipal of the debt of 1767, is difcharged. The application of the 12 lacks, is then to be, i/L To the intereft of 1777 as above, the re- mainder to be equally divided-, one half towards the dilcharge of the current intereft, and principal of the cavalry loan ; and the other half towards the difcharge of the Company's debt. When the cavalry loan ihall be thus difcharged, tiiere (hail then be paid towards the difcharge of the Company's debt, feven lacks. To the growing intereft and capital of the 1777 loan, five lacks. When A P P E N D I X No. I. ij When the Company's debt ihall be diTchnrged, then the whole is to be applied in difcharge of the debt of 1777. If the Nabob fhall be prevailed upon to apply the arrears, and growing pjvmci ts ot the Tan]ore Peifhcufh, in farther dif'-harge of his debts over and above the > 2 lacks of pagodas, we direft, that the whole of that pa\'meni when made, ihall be applied towards the dedutflion of the Com- pany's debt. We have laid down the general lules of dif- tributions, as appearing to us founded in 'juflice^ and the relative circumflances of the ditlerent debts ; and therefore, we give our authority and proteciiAi to them, only on the fuppofition, that thofe who alk our protection, acquiefce in the condition upon whici:i it is given ; and therefore, we exprelsly order, that it any creditor of the Na- bob, a fervant ol the Company, or b ing under our protection, fliall rcfufe to exprefs his ac- quiefence in thcfe arrangments, he fliall not only be excluded from receiving any fhare of the fund under your dillnbution, but fxiall be prohibited from taking any feparate n)eafures to recover his debt from the Nabob, it being one great induce- ment to our adoptu-g this arrangment, that the Nabob fhail be relieved fiom all further difquic- tude, by the importunities of his individual credi- tors, and be left at libeity to puifue thoie mea- furcs for the profperih' of his country, which em- barraffments of his fuu.ttion have liiLherto deprived him of the means ot exerting. And, we farther direcl;, that if cny creditor fliail he fcund refrcclory^ or difpofed to didiirb the arr(.nf[^erhcnt 'ice hcve fuf;'- gejied, he fhall be dijmijfed Ihcjcrvicc, rr.id fait hoiiiQ (0 England, The 14 APPENDIX Ko. IL The direQions wc have given on])'- apply to the three ciaifcs ol debts which have come under our oblervation. It has been fuimifod, that the Na- bob has of late contradkd farther debts ; if any of tJiele are due to Biitifh rubjc<5ts, wc forbid any countenance or protdlioii whatever to be given to them, until the debt is fully invefli^ated, the r.a'cure of it reported home, and our efpccial in- ih]u61ions upon it received. (Signed) HEXRY DUXDAS, MULGRAVE, VVALSIKGHAM, W. W. GRENVILLE. No. 4. RepreftntutiQii of the Court of Directors. pihly, Concerning the private Debts of the Na- bob of Arcot, an 1 the .Vpphc^ition of the Fund of 12 Lacks of Pjc^oda^ 'ncv Annii.n, UnJer this head you are plcafcJ l:\ li.'u of our p;^ragraphs, i'y ju:!i}i^ntiule d' c:itc ihe ivf.ce of ail ihofe demands, zokrcli l/u' Uil rcq.nrcs us to invcj- tif^ate. Sal'jcct f;n;y to a ligiit, reiervcd to the ] ijbob, or ary Oii:cr pai ty coi;C'v.ni;eJ, loqutflioa u:q jiiiiice ot any debt lu.iing within tiie lali of the three clailcs. AV'c fLibn.:L ihat at Icait the or;poriu;;ity ofqucnioniDa;, uiiiiin .; hinted lime, thejufi-ce vA any ol' the ccbls ought to i:ave bc:en iuliy prcicrvc:! : A;:d Iup.)oh;;g iAZ {v:[l nnd Ic- conii clai'Ies to (iaral iiee iiO'n jinyuiaiion (as we 'inchnc to ihjnk liity do) no ;i);u'y can leluk to iu.lividuais A P P E N D I X No. I. i^ individuals from fuch difcuffion : And we farther fubmit to your confideration, how far the exprefi direction of the aH to examine the nature and origin oj the debts has been, by the amended paragraphs, complied with, and whether at lead the rate of inteveft, according to which the debts a rifing from the Soucar affignrncnt of the land revenues to the fervants of the Company, afting in the ca- pacity of Native Bankers, have been accumu- lated, ought not to be enquired into ; as well as tix reafcnablenefs of the dcduclion of ic, per cenL which the Bencjal Government dirccled to be made from a great part of the debt on certain conditions. But to your appropriations of the fund oar duty requires that ive ftjciild ftate cur firongcjl dijfent : cur right to be paid the arrears of thofe expenceSy by ivhich (ahucft the country and all the -property conneoled -nith it "ivere prcferved from falling a prey to a foreign conqueror) furely fiands paramount to all claims fcr fcrnier debts upon the revenues of a country fo prferved, e-'cen If the legif- lature had not exprefsly limited the ajiftance to be given to the private creditors, to be fuch as fjould he confijlent vslth our civn rights : The Nabob had long before paffing the act. by Treaty with our Bengal Ciovrrnmcr.t, a.^vood to n;\v ii.s fjvcn lacks of pagodas (part of the 12 J;;c"-:j.) in l;'qa:da:ioti of th;;!c arrears c/ ick::ii ji--):n Lcks, iLz an ai'g''- Tdcnt you liave l^rn plcaf i^ /;' d ic'r, vjj-dJ, take arvy /rem us va rc ihvi i'ehcj. a:id j/:r It to pr:v:Ac cralt'.rs. oi \-ho'.2 de!i-!-:!-;ds there ai'e oiil)' about a iiMth ;j: ;(", '."v 'iiv:!i di.) not riarul in a predicament that yo". t^ccl^rc \\'oi;iid ;;j: inll:'e tiicni to any p":'r[l:c: jvxn v. Ire tU rc.cv-ry tle)ef\ wne it rot \y:n qrfK'ud (J e :ncl'-:r(.\\ a:, \vill nioie p.irli^u'- -V a-::'^.w b; .. -i-i^vxcl . A;n:;!t'- \ i6 APPENDIX No. I. cflimate; until our debt fliall be dlfcharged, we can by no means confent to give up any part of the (even lacks to the private creditors, and we humhiy apprehend that, in this declaration, tue do not exceed the limits of tht authority and rights vejled in us Carnatic Revenues ^^ Debts. Lach. 30. The Nabob's nett revenues iland efti- inated at .l.200.oo( As the utmof!: amount to be realized in times of peace, including all the dif- trids under his Gov^rninant, which lay to the Soutiivvardof Trichinjpoly. tS. Ill 1776, the nett revenues came to r.040.000 22. In 1777* the net: revenues came to no more than 880.009 Aitir the ravages and depopulation which the Carnatic has undergone from the number of the hufDanhnen dellroyed or carried off, there is little room to expeft that its nett revenue! can amount to the fum realized in 1777 ; but let it be fuppofed that the revenues to be realized on the return of peace lliall be nearly to that of 1777' 8oo,oo There will then be to deducl from that lum the coft of the ten bauaiions, and of the uuiai garrifon liores, amount- ing, together, to about /".^oo-coo ; ailo the twelve lacks of pagoda /i-r a-^Kum, towards the diicharge of the jNabob's debts, public and private, or 4^0,000 68o.300, conlequently the funi of j^. I 20.00c will be all that can remain for the Nabob's Civil Gov'ern' ment, and Iv.s ov/n privii.e uio, a fum by no mcaus fuinciect i^r "CaC.^ jur- pyfes. 0.1 A P P E N D I X No. I. 17 On the other hand, if the revenues fhall * be fhort of the above - mentioned amount, and which will probably be the cafe, the propofed fum of twelve lacks cannot be realized to near that amount the year for tae difcharge of the public and private debts, and leave fufHcient for the current de- mands. The new debts confolidated, 25 th Nov. 1777 (exclufive of the remaining part of the eld debt of 1767, and the Ca- valry Loan) amounted, according to the inllruftions from the creditors to Mr. Sullivan, in Feb. 1781, to Nov. 1780, to Nov. 1781, 12 per cent. one year, ' Nov. 1781, to Dec. 1782, fix per cent. 13 months, 1783, Hx per cent, one year. 1784, ditto 45.32.500 5.43.9C0 50.76.400 3.29.966 54.06.366 3.24.382 37.30.743 3.43.844 Pagodas 60.74.592 The Nabob, as appears by a letter from the Scleft Committee at Fort St. George to the Court of Direftors, 13 March 1779, owed about 12 lacks more than the amount of thefe debts, and in which of courfc is includ- ed the remainder of 1767, and the Cavalry Loan. Nov. 1781, the Cavalry Loan is ibted by the Nabob to be Pagodas 5-03.370 12 per cent, to Nov. l-j^2, 60.404 1 2 per cent, to Nov. 1 783, 22 per cent, to Nov. 1784, D 5 63 67 774 6 Si 6 31 75 427 77^ 7.o".iq8 ' The i8 A P P E N D I X Na. L The debt of 1767 was originally twenty-two lacks, the principal of this debt is Hated to be paid oft" within a quarter part, or about five lacks, which remained due at tlic end of 1777. ^^^^ intcreft unpaid in this debt cannot be traced, but it ckarly appears to be largely in arrears, tnercforc fup- pofing the principal and intereft down to the end of 1784, not to exceed 12 lacks, the whole of the do'ots to that period, in- cluding the three fcvcral dcfcriptions, will be 79-8I.75* New, 60.74.592 Cav; Iry, 7.07.198 Old, 1 2. 00. #00 Pagodas 79-81.790 Since the amount of the debts admitted by the iioard of CJontroul cannot be lefs than 79 lacks, probably more, when they fhall all be made up to the 3 1 ft of December, 1 784. New, admitting the old debts of 1767, with compound interell, after the rate of 10 />t-r cc!t. to the end of December, 178.1, to be only Pagoias I2.c0.00c The annual intere:l of lo/cr cent, will amount to i ,2o,occ i'.itercli: to be piiJ -nnuuily on the Caval/v Loan, at iz ^cr cent, principal Paged;'.,-, 7.07. i^S, comes to ' 84.000 Tiic rtmai-uer, being the rew ccnfolidated d.'brs, and amounting to Padodas 60 Jacks, the intercit at {\x vcr cent. 3. 60. ceo I.n;rcil to be paid annually in the fril in- fUincc, " 4. .1.4.000 The ap.naal amount to be required of the Na- bob lor difeharging the JebLi due to his priva.;e creCi.ors, aiid to the Conipanv, is ilared a. 12 lacks of TogoJas, v.v /..^SOjOpc 'i'he aiiiiual i:Ucre!i: of the new cc^^loIiJ.ued Loan, S'^d ihi.t cf tlie Cualry, wif;ch i. ;o be paid prior t^^. a^^y u.iv.and ot the Cojr.pr.nv, as now ;(.t;'ea b\ the L't:ard of Controui, lI;'.- inteiCil ci thele p-r/;.t-- d-.^ s anio.jnu to aL.,>ut i80jC;x> The debts pi o.ivl .. ui-, ihe i er.i..i,-Ji.-r a;/.uu.it- i:ig to ^_^ ^ ^ /hj^o.co* i- t'j be difpoiedof a.. ihiirvVj : APPENDIX No. I. uj The one-half, or . 1 50,000, is fo be appro- priated to the reduQnon of the Company's debt, due from the Nabob, and the other half to the payment of the interefl and principal of- the old confolidated debt of 1767. I'he debt extin- guifi^.ed, the fame procefs is to take place for the exertion of the cavalry debt, thefe two debts making together jCy 60,000. with their growing interelt to the amount of ;^.8o,coo a year, will take to the end of 1789, or 179 s to difcharge them, admitting the Nabob fiiall make his pay- ment of the firft 12 lacks by the end of 1783, (which can never be expefted) and continue the fame annual advance, without reduftion, down to the end of 1789, or 1790; bccnue any re- du6lion of the 12 lacks mult tend to protraft the difcharge of thefe two debts beyond the above period. But admitting that 12 lacks be regu- larly paid, in cafe the old debt of 1769, with its accumulated interelt, fhnll exeeed the amount herein Hated, and which is not at prefent afcer- tained, the extindion of thefe two debts would be equally prolonged bevond the end of 1789, or 1790, therefore ibe Company, upon this plaji, can have no projpetl of being reimburjed In the enJuingfiK or Jcven years more than 2^. 900,000, cr 1, 000,000, of the money due from the Nabobs for the arrears of his current payments, and the ixpences incurred for the defence of the CarnatiCy zi'bich, according to the ftatements already at home, f.nd the charges to be brought to his account on the 'li'inding up the war, can be nothing port of three rdillions fterling, without any inter eft charged upon it ; wliilfl the debt due io the private cre~ iiitors, made up to the end of 1784, with com- pound interefl, and amounting to ihe fum of D 2 3,500;C09 20 A P P E N D I X No. I. ^.3,500,000, will, in fix or Jeven years ^ have received an intereji and principal upwards of 2,000,000, or of two-thirds of their amount y with compound intereji ^ down to the end of 1784. In Ihort, under this regulation, the Company will be to receive /. 150,000, and the private creditors j^. 3 30,000 a year. And thus the public debt, carrying no intereji ^ will be -protradled to afford a preference to private debts, confijiing of different defcriptions, on the validity of a part of which claims the Board have declared, they were con- trailed contrary to the public orders of the Com- pany, and therefore could have no fan^iion or authority from the Court of Dire6lors. It is alfo to be obferved, that if the Nabob fhall, for three or four years to come, find him- felf unable to afford, from the current expences of Government, more than four or five out of 12 lacks towards the annual reduftion of his debts and arrears, the Company and the creditors for the remainder of the old confolidated debt of 1767, the bell efl:abli[hed of the private debts, would receive nothing, as the growing interefl on the new confolidated debt and the cavalry loan will take 4 | lacks for its annual difcharge ; and nothing can more plainly fhew the deficien- cies in colie6lions, than by obferving, that the revenues, even under the management of Lord Macartney, have not been able to diminifh the current arrears ; but, on the contrary, they were^ by the laft advices, encreafed as follows : Arrears due in civil and military departments on the 31 ft of Oc- tober, 1783, /. 929 000 On the 21th of January, 1784, 1,273,000 t^jtcliifive of what may be dfic to the Southcrri troops A P P E N D I X No. I. 21 troops (the accounts of which had not been re- ceived) and the expences of the Bengal detacb- jnent ferving on that coaft. No. 5. Rejsinder of the Board ofCommiJJiontn* Sixth Article. Arrangement of the Nabob's Debts to Individuals, and to the Company. We think it proper, confidering the particular nature of the fubjeft, to ftate to you the following remarks on that part of your reprefentation which relates to the plan for the difcharge of the Na-^ bob's debts. ill. You compute the revenues which the Carnatic may be expe(5ted to produce only at 20 lacks of Pagodas, if we concurred with you in this opinion, we fhould certainly feel our hopes of advantage to all parties from this arrangement confiderably diminilhed ; but we truftthat we are not too fanguine on this head, where we place our greatell reliance on the eftimate tranfmitted to you by your Prefident of Fort St. George, having then the befl means of information upon the fa6f, and ftating it with a particular view to the fubjed: matter of theie paragraphs, fome allowance, we are fenhble, muft be made for the difference of colle6tion in the Nabob's hands, but, we truft, not fuch as to reduce the receipt nearly to wiiat you luppofe. 2diy. For making up the amount of the pri- vate debts, you take m compound intcreft at the dilForent 22 A P P E N D I X No. L different rates fpecilied in our paragraph ; this it was not our intention to allow : And leil any mif- conccption fliouKl a rife on the fpot, wc have ad- ded an exprefs direction, that the debts be made up with fimpie inierefl only, from the time of their rcfpedlivc confolidntion claufe. :;dly. We h.wr alfo the Jh'ongejl grounds to Idiroe, that the debts will be, in other refpefts, confid^rably lefs than they are now reputed by you, and confequently the Company's annual proportion of the 12 lacks will be larger than it appears in your eflimate. Rut even in your own llatement of it, if we add to the .i^o,OQO^ or 375,000 Pagodas (vvhir.h you take as the annual proportion to be received by the Company for five years to the end of 1789} the annual amount of the Tanjour pelhcufh for the fame peiiod. and the arrears on the pefhcufh (propofed by Lord Macartney to be received in tlnee vears) the whoie wiil make a llin] not falling vtiy fhort of 3^,00 coo P'.gcdris. the amount of ^.v,. r- o f-'a- godc^s^- ./ ;.'. lor the fanii^ period. A:;^ if tvc canv our Cciicul.ilioiu^ iaiuici, 11 '.vill appj^ir that; both by the ) Ian propofed bv the Nabob, and ador^^d in your paragraphs, a!}d by 'hat wjjich v.e tr.infirirted to you, the debt from the Nabob, it taktn at Oj-o-jOCO, will be difchargtd nearly at the fatrc ; eriod, viz. in the couvfc ot the i itli lear. Vs e cannot tliciei-'c be ot opiiiic!i, th/.L thcH' is the Jmallcji gyoiiVui fcr (5/>yV:7/;/^- /: ii:: ary ^ i-^y-cnt as iiiiniious to the intrrrlt <.! \\\z I' on)p n . . and if tite inea'aics v.-cre t) be con- fiderrd upon the mere ground of expediency, aiid wi b a view only to the wifdorn > t n- 'il.'.blil] in; C; It and ciiCLilatinn in a c.^-uHncixiai iJLtlcT.cnt, WK1..V.UL any ccnhdciation o: thofe moiivcs cf at- tcntio/i A P P E N D I X No. I. 23 tention to the feelings and honour of the Nabob, of humanity to individuals, and of juHice to per- fons in your fervice, and living under your pro- te6lion, which have aduated the Legiflature, and which afford not only juflifiable, but commend- able grounds for your condud;. Impreffed with this conviftion ive have not made any alteration in the general outlines of the arrangemerd which we had before tranfmitted to you : But as the amount of the Nabob's revenue IS matter of uncertain conieftiire, and as it does not appear jufl to us that cmy dt ficiency Ihould fall u'holly on one clafs ol thefe debts, we have added a direclion (o your Governor of Fort Sr. George, that if, notwithftanding the provifions contained in our former paragraphs, any defici- ency Ihould aiife, the payments of what fhali be iecured Ihall be made iii the fame pioportion, which would have beea obtained in the diviuoii of the whole 12 lacks, h,id ;.hey b(X'n \')M\. As we Iiave now tranliriittc-l (;> you oar f-,nA directions on the whoi ; i..';jt. ,t ;ri siie;- in this dif- patch, r.nd a^ on many <.r 'he mil wchons which are th.cr.in ;^i\--jn io yoiir Icrv rn's i;i IiKiia, lela'^e to points ol: the i^i.^i^ciL i;npO' t;i:;v'e. aivj ai wlnc'i ariv unr.eceliar;' ciclay i; i.zh.: he v.\ (he greateft dc;^l\e pri ]Uvh. i .! LO X'DI.T h'l v/irc, V.C {\^'{\XQ til'lt yjii zvu! furihi^iib ir^.yy..:t ll.m :o yo:,r d If rait W'c li.u'c tliC hon'^-'iv rn De, c:r. i he, \liY I'LXOAS, i)IX [ M ] APPENDIX II. No. I. Paragraph pfopofed by the Court of Dl- redors, to be fent to their Preficlency of* Fort St. George. Sent to the Board of Commijfioners, i6ik June, 17S5. IN reply to the two hundred and eighty-third paragraph of your feledl letter, dated the 5th September, 1782, relative to the requeft of your Chief Engineer, Lieutenant Colonel Rofs, we cannot help expreflTing our very great furprize that, after we had twice put a negative upon his application for advanced rank, previous to his departure from England, he Ihould have been in- duced foon after his arrival at Madras, to renew his aplication to you. In his letter to your Board of the ill of July, 1782, he ftates, that wc had permitted him " to return to his rank in the *' fervice, which is next before Colonel James ;" but Colonel Rofs muft have known that we per- mitted him, in the very words of our refolution, *' 7\) return to his rank of Licutmant-Colonel and '' Chir/ Engincfr at Madras, but that he be not " allowed to rank in the infantry corps on that " cftablifnrnent ;" and that upon his fubl'equent )ec}ue^l to rank as Colonel in the army by bcevet, wc relolved not to comply therewith. His urging you, therefore, to compliarxe with a requeft which he had previoufly decided on, was highly dilrefpe6lful to us, and v/c dire6l that you acquaint IJecenant-Coionel Rofs, of our difapprobation of });.- coiic'iuct on this occalion. Extrac APPENDIX No. II. 25 No. 2. Extracl of a Letter from the Right Ho- nourable the Commlflioners for the Af- fairs of India to the Court of Dired:ors, dated June 27th, 1785. W E have expunged the feventeenth paragraph of the draft No. 60, becaufe loe cannot concur in your dijcpp'obation of Lieutenant -Colonel Rofs's condutJ^ in renewing an apphcation which we conceive to be founded on the conftanc ufige of the King's military fervice. There are many tef- timonies on your records of Colonel Rofs's long and faithful fervices, v.'hich entitle liim to your favour ; and we conceive his requcfl: goes no far- ther than to be put on a footing, in point of rank, v^ith other officers of his ftanding at your Pre- fidency, and not as a rank to be attached in future to the eftabliihment of the Engineer Corps, or at- tended even in this inilancc with any new cx- j)ence to tiie Comnany. (Si^med) ' HENRY DUNDAS. WAESIXGHAM. MULGRAVE. \V. W. GRENVILLE. No. 2- Extracl of a ly^tter from the Court of Di- rectors to the Ri:^;it lionouraide the Cop.iinifiiciiers lor the Aiiairs of India, dated tlie ^oth June, 170^. '\V E v/eie ec u.;):y fi.'rrrir'ed and con cerncJ^, rh:it your Rigiit; 1 loiiouruhie Bo.ud Hioiild Juive eypiinijed 0':r p.iriv:;: ;'ph concerninz; t!;e con- dii'-t ol Lieu:.niiU-Co:cj:iel Refs, in htwina: E cau>.avourcd 26 A P P E N D I X No. IL endeavoured to prevail upon our fervants at Ma- drafs, to comply with a requcfl, which, previous to his departure from England, we, the Court of Dire6tors, had twice refufcd upon his repeated applications. 'This mode of appealing from the Jiipcrior to the inferior authority, is fu dftru^iive of all government J that -we fuould think -u.-c abdicated Qiir triijiy if Jiich c cor duel ivas permitted to pafs ivifhout cenfure. Sure we are that a moment's refiedion will convince your Right Honourable Board, \h2X.fuch a deliberate contempt of cur autho- rity^ not only not difapprcved^ but indire5lly ap- plauded^, by your Right Hcncurable Board refufing us pcrr.iiffion even to reprehend, r,mft lead our fer- vants to i'nagirie, that it is no longer their duty to chcy thofc ivho pcifefs the prcfcnt authority in Great- Britain, but that they may fafely fpeculate on th'i probable judgment which may be hereafter formed on the propriety of the original orders. We fhail not now difcuis tlie propriety of our fcrmiCr refo- hitions, bccaufe v/e think the feafon for fuch a dilcuilion is lon':^ fince pafTtd, but v/e beg leave to afTure your Riglit Honourable Board, that we Vv-crc not inattentive to the merits of Colonel Rofs, when we formed the paragraph in queftion. Wc tliink we have acted ^vich great moderation, vet this moderation mull not induce us to forget i\\Q trufb that is committed to our hands, confij'- tcntly with wliich tiiill, it Vv'ill be impofTible for 1^3 to retain in our fervice any man, whofe con- temp tuous ncgletJ of our authority w: are not per- mitted to reprehend. To APPENDIX No. II. 27 No. 4. To the Right Honourable the Board of Commiilioners for the i\fFairs of India, My Lords and Gentlemen^ W E are extremely concerned to be engaged in any altercation with your Right Honourable Board, and much more that v/e fhould be im- pelled by a fenfe of duty to refill an authority which you have thought lit to exercife \ but the prefent occafion appears to us Jo momentous.^ and a Juhmijfvon mi our 'part Jo defiru5l'vve of all order and Juhordination in India^ that we mull take the liberty to inform your Right Honour- able Board, that no difpatch can be fent to India, which does not contain our final dccifion on the conduft of Lieutenant-Colonel Rofs. We have the honour to be, with great refpect. My Lords and Gentlemen, Your mofl: obedient, and mofc humble fervaurs. Signed by order of the Court of Diredlors, THOMAS MORTON, Sec. EaJi'India Ilotjej the 2d July ^ 1785. No. 5. Extrad of a Letter from the Right Honourable the Commiilioners for the Atfairs of India to the Court of Direc- tors, dated the 7th July, 1785. WF, have given due attention to your letters, dated the 30th ultimo, and the 2d inftant, and Tiiull, in the hrft inftance, alTure you^, that we E 2 neither 23 A P P E N D I X No. II. neither arc, nor mean to be engaged in any altercation with the Court of Diredors,. and for that reafon we avoid all obfcrvation ii^jon the flyle of the letters you have been pleafed to addrefs to us. Wc fhall endeavour faithfully, and confci- entioufly to difchargc the duties of our fituation, as chalked out to us by the authority of the Le- giOature, under which we a6l, without wifliing to go beyond the limits which it lias thought proper to pre'fcribc *. Upon the fubjeft of Lieutenant-Colonel Rofs, we agree with you, that his anxiety to obtain what he conceived to be juftice, has lead him into an aft of irregularity in ftating his prctenfions to the Governor and Council of Fort St. Georce, inllead of relpectiully conveying his rcqucft to you, I) is employers, through the channel of their dif- patches. In this reipect we think him culpable, and when v>'e form^erly gave you our fentiments upon this fubjecl, it was merely to bring under your view the ideas we entertained of the juftice ijL his cl-iim. being perreftly aware that you are not bound to adopt thefe ideas, unlef, your own opinion fhould coincide with them. For reafons ariPxnn- from the earncll reprefentation you have mi^de to us, vou have our acijuiefcence to fend out the par^spraph as oriG;inaliv franied. Wc uuft, however, that by this arquicfctncr, it will not be underflood, 'FFIAT WE MEAN TO RF- COGNIZK ANY POWER IN YOU TO TRANSMIT TO INDIA FmiER CEN- SVVxK OR APPROBATION OF THE CONDUCT OF ANY SERVANT, CIVIL * As R fp^cim n, U"j the conduil of the Board on tlie duties pr;'K;-ibc-d by tin- Ic^iiLiturc, in :i;c 3-tli kciiou of tlio RCl rcLiavc VJ iic cl;'.iins ol" Jjrltilli labjcc:.^. OR APPENDIX No. ir. 29 OR MILITARY, EXCLUSIVE OF THE CONTROUL OF THIS BOARD. You very truly intimate to lis, that it is in your power, witiiout our pcrmidion, to difmifs Lieutenant- Colonel Rofs rroin your fervice. The power you undoubtedly p(;i]els ot appointing and difmifiing your fervants is a public truil, vefbed in you for the eir ^itial interefls of th-i Company, and we aro convinced, that the propriety of that truft will be fully juftified by your prudent and confcien- tious difchirre of a duty fo delicate in itfelf, and fo important i;oth to the profperity of the Com- pany, and 10 the fortunes and characters of indi- viduals thus placed under the proteclion of your juftice. (Signed) HENRY DUNDAS. WALSINGHAM. MULGRA\'E. V/. \V. GRENVILLE. No. 6. At a Court of Diredrors, held on Friday the Stli July, 1785. ON A MOTION, RESOLVED,~That the Right Honourable the Board of Comm.iliioners for the Aifairs of India, in their Letter dated the ytii initant, liav- in^ oiven their acquiefcence to fenclin^i tf.e Court's paragraph refpecling Lieutenant-Colonel Rof., undrr a declaration, " I'hat they triifl, " that by fucli acc|uie!cence, it will not be un- "^ derltood, that tlie Board mean to recognize "^ any power in t'le Court, 10 tranhnit to India, " eiilier ctnfure or a]->[)robation of tlie conduct '' of 30 APPENDIX No. II. " of any f:rvant, civil or military, exclufivc of ^' thj conrroul of the faid Boai-d," this Court think it incmnbcnt upon them to declare, that tiic'v have not the moii dil^ant wifn to refill the conr.-Quiing powers, del^rrat^d to the faid Right Honourable Board of Commiflioners by the Le^fjOature ; bur, on the contrar)', it is their tarn-.^H: dtfire to pay the mod ready and chearful cbcdiencre thereto, in as full a manner as fuch powers were meant to be given by the Legifla- tire : But at the fame time, this Court further think it rifrht to declare, that as the appointment of all officers, civil and military, u v/hoUy in the Company, tof?;ether with a power of difmif- Con, the right oi rcprehcnfion for mifochaviour, and more dpeciilly for every contempt of the autharity of this Court, from whom all appoint- meiits How, ir.uil: neceffariiy follow ; and if this Co\)r: ihoi)ld be controulcd in the reafonable cx.^'^il^ in die more mild power of reprelienfion, taey p.ray be forced to adopt that of difmiflion, for ti-e verv in^portant purpofe of guarding their.ielves from iniult, an-.l pref.Tving a due fuhordination to the exccuiiye governing pov^-e? of the Cornpiwiy. k 3^ J APPENDIX III. No. I. Draft Paragraphs propofcd by the Court of Directors, to be fciit to their PrefidGiicy at Fort St. Gconre. o W E have attentivel}^ confidcred your late dif- "patches, relative to the furreiidcr of the afTign- mcnt to the Nabob of Arcot, in obedience to your orders of the 9th December, 1784, and the manner in v/hich thofe orders liave been carried into execudon, by the agreement of t'lc 2 '3th June laft, and with your knowledfj;e of the utter incompjrr'r.cy ot tJie Souc::r ifciirity, [:roportih vvi: \ he e 1 . 1 . a!. proJucciv e h'r loir.e ti ;v,e to ; i ! e . .\ her vet; had Ihil .-d in your cri v'o; irs to I ; e V 1 ao on fhe : ;eb ob to * '3 .: ):,: -.,- i;rh e-d 'A Si I -::.'. ,:..;.., '.e. re ,'x'- yi: .::. i.'u u V :.: ;.' ijj ara i-i' Cj:.'.; u;.!. 32 APPENDIX No. III. " name fuch dift; i6ls as were in a ore flourlfli- " in<^ flatC) you adtcd very prudcntiy iii obtaining " a (r.pi.ilation, that if the deficiency exceeded *' w'la; the afTigned diftridls could make good, " <)^\a diflricls fliould be fp.cified in addition *' (i ere to." We have liki^vife r-)nri.l-red the arran2;ement Oi the kiiis in which ;'.c 16 lacks are to be paid into the Co,npan\'"i. 'ireafury : You manifeiled a conimcndc^ble a'lvniKji to the Company's in- terefts, bv Mrjviding tiiat the amount of the Na- bob's flia.! r of the current charges fhould be exclufivt! paid with the firft kift, and as niuch of the ' jond kill as may be neceflary to make up the our lacks oc Pagodas. But, as v/e con- fider ti ,s agreement as merely preparatory to the final avangement, \vh:ch by our before- men- tione ' orders of the 9:11 December you v/ere di- r.-Cte.i ro negoci.i'ie V/uh tlie Nabob of Arcot, and the R. ;v:(;i!S to his ioakin;>: over tlie af- " fignm.ent .. his coeMicries to Ui:, n(;: lef:, tioo'i " five lacks 0. '^a2od:.3 1\--r anUiini^ arej we are '' not aware o'- ir r'/alons (or depioting fi'oni " that rule in t. .-^relent moance ; bii: ..s \o\\ *' are Hiorrly :,:> K'oe an ergagen^^nr v.er;i his ** Highnefsj upon airew and permaiier;' 'o-otine, " and APPENDIX No. III. 33 " and as we do not wifli to be too rigid, in *' exafting from the Nabob for fo fliort a time, *^ any fiim beyond what has appeared reafonable " to his Highnefs and to yoiirfelves, we forbear '' to m.ake any obfervations upon it, further tlian ** to fay, that we are perfuaded that you had " good and fufficient reafons, which you will no " doubt have communicated to us, for having " altered the fum at which yoM have propofed " to fettle his Highnefs's current charges by *' the Preliminaries whicli you have already tranf- " mitted. " There is alfo another part of the prelimi- " naries to which we are perfjaded you will ad - *' vert, when you come to fettle tlie treaty itfelf, " as it may be of confcquence in a permanent *' agreem.ent, tho' perhaps it may not in one " v/iiich is merely temporary, viz. the pcvv'er the " Nabob has referved to hlmfelf in the ^tl\ ar- ^' tide, of keeping a full, eMcl'ifive, and uiti- '' nvdzc autliority over his Aun^ildars in nil ca!es "^ v^h:i:f.)^v:v. You Vvill certain'v recolie;^-, than ' k was the conftant opinion of your Go.'cri;- '' nunt during Lord Maearrney's adirinifha- * tion, t'lat as long as the Nabob had th ,t jn>'.vcr * veiled in him, it was in va:n for the Cvjmpanv ''^ to expctl any brricn: fn)ji the idlljnmL-nr of ' the cj-vinrrv b.dng n^ade ov^'r in ev^.-rv oth.r r;:fj)ea; to them, aiiho' we l;l.ii':cr oerich'cs that '" ]):s J i;^i;iin;'is and hi:j hiccclf trs will ahv'i}'s b : ' i;;)0!i t'ic beiC ti'rins wifh the Company, aj'.d ' v,A\ confide;- their n^wit intrref s as iiiiVparab':^ ^ fi>:M vliat oi tlie Cumj.^anv in w.sr, as wdl as ' in p' a^-e, y:^t to a n itiMn lo.d.aiig m iiinire (h''t ' vve iioijc v.ry diifuit) ev'enri, it is a eondde- '' r'.ri'.:! whieli w: tnilt will by no nvL'ari: h.avt; ' cfeap'-d your atleiidond' 34 APPENDIX No. III. Extrn6l of a Letter from the Board ofCom- miffioiiers, dated 26th April, 1786, No 1. W E have expunged from your draft, No, 191, a coiifiderable part of what you have propofjd to write to your Prefidency of Fort St. George, oti the fubjod: of carrying into execution your ordeis of the 9th of December, 1784, with regard to the iurrender of the affignment to the Nabob of the Carnatic, and their proceedings thereupon*. A'i 7UC think it more proper thai fucli inJIruHlons as it is now ncccfjary to tnvifmit upon that fuhjecl jhould go ihrcu'pji the channel of your Secret Com7mUee, tee Jhall fend a draft to thcr.:for ihatpurpofe. (Signed.) PILINRY DUNDAS. W=^. PiTT. W. W. GRi::NVILLE. * The paffages fo expunged, are thofc marked witli i.i I'crted coiMSis in No. 1. APPI.NDIX [ 3S 3 APPENDIX IV. No. I. Cqfefcr the Opinion of Ccunjel. " WE have expunged from your draft, No. " 191, a confiderable part of what you have pro- " pofcd to write to your Prefidency at Fort St, " George, on the fubj eft of carrying into execu- " tion your orders of the 9th of December, 1784, " with regard to the furrender of the affignmcnt " to the Nabob of the Carnatic, and their pro- *' ceedings thereupon. As zve think it jnore pro- " per that Juch injiruclions as it is no'uo neceffary '^ to tranjmit upon that Jubjett, jjjould go through " the channel of your Secret Committee^ we f}:all ' ' Jend a draft to them for that purpofe." Pleafe to fee the aft of 24 Geo. 3. cap. 25. feft. 15. refpefting fending fecret orders concern- ing the levying of war or making peace, or treat- ing, or negotiating with any of the native Princes, or States, in India. Alfo feci, 37. of the fame ad by which the Court of Direftors to take into confideration the origin, and juflice of the demands of Britifli fub- ie6ts on the Nabob of Arcot, and to give orders ' . . . '^ for the fecurity and dilcharge thereof, confident 3vith the rights of the Company, the fecurity of the creditors, and the honour and dignity of the Nabob. 2 The 2,6 APPENDIX No. IV, The Court of Direran<^c;ncnls taken uiili him^ p::-.ht tlrr(forc ij he vinde vpon principles as Jixcd^ arid (erldia, and as oycn to iijcvfjion as lie in- Uyiiol Gvwc:^i:}:c:-t cf the Provi^icr (f Bcr.gal. The whnle eircJTt; of the late Regulating Ijill in con- lirutir.!:; the two i'oards of Hiiedors and of C(:. vi'ihijners, ii:e 0!;e propoHng meafures, and ihe -incraficr rcnreicnlation i'naljv deciding, uili I'O K)1L ;;>; f'.r as ccreerns t.l;e Government of Mar^.;s, if the mfncouiie w uh the Nabob fliall he e(;:;iir:ed lo ti:e ^fccret Department, becaufc ihrs ivdti :rcixk invdvn lervc their nn)[i vigilant ^iiCV.l'i'ou, II tliC iubjccl (hould appear equallv imooi tant APPENDIX No. IV. 39 important to the Court of Dirc61ors as it does to mc, I fhould rather advife an applicaiion to Par- liament to explain this claufe ia the al, and con- fine it to its true ob;etl, negociatioris relative to war and peace, than filcntly to rJ'mquifh all m- jpctiion into fo important a part of the iukre/ls of the ComlJany. CEO. R o a s. May 2, ijSd. ^ p p r: >; D I X ( 40 ) APPENDIX V. No. I. At a Court of Dire il or s^ held cn'Tuefday the 13//& Jiiney lybOy Samuel Smitli, Efq. delivered in the follow- in':^ letter, viz. Honourable Sirs, I AM lorry to iv' under the necefllty of en- tering any iufliiication ol my conduct on the re- cords of the Co!np:iny ; but difapproving the ac- qiriefcence \Miir]i has been given to the power now afllimcd b;- tlie Board ot CommifTioners, in taking i;po;i tb.emiclve-^ ti\e fiiiil arrangement refpeclJng the alignment 01' the Nabob's coun try, as a m.atcer of J.-crccj, by a forced conflruc- tkn, and, as your Council lias Ibt^ d in his opi- nion, an di'ife of the claifc by zvbich the poivers are dcfned rej'pei^iiig the b'ccrcl Coynr.ilttee, as the f:bi'-:-6t ^lc::.:er i,:-vol\:es the covjidcraikn of ivar^ 0'- -f^eac:^ or negoclctlor^ or treaty^ haviKg a refererce tkrcC, I ittuI tiierelbre protell againil the excrcifc of rir.it nc/veer, ur.dr Jueh cireum- ftances, in a'. ^:e;ch as /; tends ti efaldhh afecret fyftern of ^oeer, v;^;;;/, a:::igerGi'.s in its pri-ucipUsy end fiibieyl-^e cj ttee 7:7nts or the ConiVicniy. Ir'arra- ':^il":t^^> are ro iv ipad^' \\\\.\\ ihc Na- b' b's Pri-ccs c^r frates, w:i;ch i\o not involve tn.. .onndLi-.:Lioi: ot j^eace, or var, or any Jirutif rorn C'ed there^^;l!^ !oi^ I3' by the j}(.>:ii\l, as ]- rs . qu'ring f crerv, bec>.;i!e> by a lbrc.;d co;.f i^'^ion Of the clavile, tlK-y iiiay he ti/nri'd ne -ociations N\i:h native l^'incjs or S:.U'.'s the A P P E N D I X No. V. 41 tohole political correfpondence is taken from the Court, and given to the Board exclujively as a Je- cret correfprndenccy which the Secret Committee of T>ire5lors are bound to tranfmit to India, but can- not give any opinion thereon, and which the Go- vernors are directed to obey : Thus almofl the whole tranf actions of India may he concealed from the knowledge of the Court of Directors -, nor can Parliament obtain any information upon the fub- jefy if Minijlers wijh to with-hold it, without abjolving perfons from their oaths. The intention of the Legiflature mift have been, that the CoiTmniflTioners fhould make only iiich things matters of fecrecy, v/hich, by being- known, might be liable to be counteracted, fuch as orders for the levying of war, cr the making of peace, or fuch negociations, and treaties which have a reference to either of the above, and which are univerfally admitted as necefTary to the well being of the ftate, that they fhould for a time be with-held from public infpedlion ; but it never can furely be contended, that the liquidating a debt, or the fettlement of a matter of account, or the receiving the fecurity, or the affign- ments for the arrears of the revenue can (becaufe they might give rife to difagreements, which might eventually, though not probably, produce rcfidance) fall ivllhin the conftru^lon of that claufe. If fuch is the m.eaning of that claufe, there is no tranfanion of any kind -rwhat-rjer, or concern in any department of the Covernrnefit if India, which may not he ofjcrted to have remotely fome relation to native Prinres or States, and tliat may not be forced into the mnrimrlion of that claufr, and by that rncnns the ivlo'e po/.'/ieal ^cvernnient cf I-uiia be nihde a )-,c::t:r of fecrecy. it ] aai 42 APPENDIX No. V. I am fenfible the objel of Mr. Pitt's Bill was to fuperintend and controul, with a view to pre- vent the abufcs in India, and not to wrefl from the Company the polilical management of its affairs ; Kor wajr It tlitn urged, the proper Government for India was a Government of fecrccy. The benefit likely lo relult from that meafure was the mutual check that rubfifled between the Board and the Direfiors. hy the extenfion given to the power of the Board, by thf, /or ccd conJlruBion of that clauJCi that check is entirely removed, and the luhole pcivrr lodged i/i ibe bands of the Co'inmiJfionerSy / lo he exercijed at their dijcretioHy without being Liable to any iufpettion. It Vv'ill be in vain to contend, that the patronage is iecu;ed to the Company by the At\ of Par- liament ; if the GGVcrvjneni nfecret^ it will beabfurd to fuppofc, that the patronage wil! be open, or that thole who have no voice in the meafure will have much concern > if any, m the appointments ; if they have not, to what evils, fo often foreboded as dangerous to this Conltitution, will not this myfle- rious Government of India expofeus ? And if this is to be contended as a necellary mode of manag- ing and controuling the affairs of India, it will, in my opinion, give rile Lo a quelfion, whether, under fuch ciicumllanccs ol: danger to the Conflitution, our Indian pollcflions are worth retaining ? In thus objecling to t;ie power claimed by the Board of Connnifiioncrs, I do not mean to dif- pute their puwcr of controul, but contend, that exceDt in the c.iies lo Vv-hich 1 allude, it ought to hz cl'C/i and liahU lj injpcilion. 1 am ailo ;;;;p!chcnrivc that the trade, in order to make good the engagements now lubfilling, nu?lt APPENDIX No. V. 43 tnuft be forced to fuch an extent, as together with the export of bullion to China, funlefs' means can be found to fupply that fettle ment from India) and the encreafed import of nianufacliired goods, will involve many confiderations rcfpecl- ing the effential interefls of this country, as may render in its decifion, the fituation of a Diretlor, and of a Member of the Houfe of Commons, in- compatible with each other. A public fituation reduced to the mere mechanifm of official obedinue can afford but little credit, even by the mod' rigid dif- charge of its functions. Circumfcribed as the power of the Court now ij;, and by the interpre- tation given to the claufe to which I allude, m- capah'e of aHing either with energy or effedi, it mufl e 'er long yield an eafy l:irrcr,der of its remain- ing rights, to the cncroachneiiis and vigilance of a more udive controul. Thus circumftanccd, the office of a Dircdor may be the fubje6l of obloquy, and, though liable to a ferious lefponfibility in the cafe of mifcondu6t in others, is too iubordi- nate to continue the pofl; either of independence or honour. It is, therefore, my intention to refign my truil to the Proprietors, confcious that whilil I held it, I endeavoured to difcharge it to the befl of my abilities, and with an integrity unim- peached. I am, with great refpcfl, Honourable Sirs, India-Hcufe, June Your mod obedient and I'^th, 1786. devoted Servant, SAMUEL SMITH, Jan. Xb the HGnourahlc the Court cf DircBors, (3c. G 2 M 44 A P P E N D J X No. V. No. 2. At a Court of DireBors, held Thiirfda)\ ifh June, 1786. The Court now, according to order, proceed- ing to take into confideration a motion entered on O ycllerday's minutes, refpefting the powers of the Right Honourable the Board of Commiffioners for the affairs of India, And the faid motion having been amended, and ftanding as follows, viz. *' 1 hat it is the opinion of this Court, that the ** Board of Commiffioners for the affairs of India, * by drawing the pecuniary arrangements, with " the Nabob of Arcot into the fecret department, ** have extended the power given them by the *' 35th fedion of the al of the 24th of his pre- *' fent Majefty, (entitled, *' An aft for the better '* Regulation and Management of the Affairs of *' the Eall- India Company, and of the Britifh " Poffeffions in India, and for eflrablifhing a " Court of Judicature for the more fpeedy and ** elfeftual 1 rial of Perfons accufed of Offences " committed in the Haft- Indies,'*; beyond the *' original intention of the legiflature, and, that it " is expedient to apply to the legiflature for a fur- " ther explanation and more corretl limitation pf " the fuid } ower." It was moved, that the above motion be taken into confideration this day month. And the queihon thcieon being put hy the ballot, the lame paifed in the affirmative. No. 3. A P P E N D I X No. V. 45 No, 3. /it a General Court, held on Friday ^ the ^oib Jfime, 1786. RESOLVED, That the condruaion of the a6l of the 24th of his prefent Majefty, under which the Right Honourable Board of CommiC- Coners for the affairs of India, have claimed to exercife the powers in inftances before the Court, is fubverfive of the author liy of the Court of Direc- tors, and the chartered rights of this Company, re- cognized and confirmed by the faid aft, and tends to eftahli/h afecret [yd em of Government hig/ily dangerous to inter efls of the the public and the Company, No. 4. /it a Court of Directors held Wednefday, the 2gih of November, 1786. THE Court now proceeding according to order of the I ft inftant, to take into conlidcration the motion made on the 15th June lad, refpcfting the powers of the Board of Controul, The faid Motion was read; alfo The Refolution of the General Court, of the 30th June laft. It was then moved, and on the queftion, Re- folved unanimoufly, That the Chairman, and Deputy Chairman, be defired to wait upon the Right Honourable the Chancellor of the Exche- quer, to lay before him the refolution of the Ge- neral Court of the 30th June lalt, and propofc tlie following queftion, viz. " If 46 APPENDIX No. V. *' If the Court of Direftors with the authority '' of the General Court of Proprietors, Ihall think *' proper to apply to Parliament, to explain the ** powers of the Board ofControul with regard *' to Secret Correfpondence. relative to the Coun- *' try Powers of India, will you afllfl; them in their *' application?" No. 5. Wednefdaf, the 6ih (f December^ 1786. THE Chairman acquainted the Court, that he had waited on the Chancellor of the Exchequer, and communicated to him the Refolution of the laft Court, refpeding an application to Parliament, as to the powers of the Kight Honourable the Com- miflioners for the Affairs of India, and that Mr. Pitt figtiititd his intention of giving an anfwer to the lame in writing, in the courfe ot the week. No. 6. Wedricflr,y, the i^th cf December, 17 86. THE Chairman and Deputy Chairman rc- poitedj that in obedience to the orders of the Court of the 29^1 ultimo, they had been this liioining with the Chancellor of the Exchequer, who fuid " he cannot a;jree to the leiitimcnLs ex- *' preffed in the refolution, concerning the con- '* duct of the Right Honourable the Hoard of " CommifTioncrs for the Affairs ot Lidia, and " docs not Itre any ground for an application to " Parliament on the fubjed." APPENDIX C 47 ) APPENDIX VI. No. 1. To the Court ofDireBors of the United Company of Merchants of England ^ trading to the Eafi^ Indies, Gentlemen., OBSERVING of late that there has been confiderable inaccuracy In the correfpondence from India, which we in a great meafure attribute to fo much of your burinels, although no ways of a fecret nature, coming from the fecret department, we have inferted a paragraph in your draft, No. 294, for the purpofe of remedying that inaccuracy. We have the honour to be. Gentlemen, Whitehall, Your moft obedient, ^ih Feb. 1787. humble Servants, (Signed) WILLIAM PITF, IIENilY DUxNDAS. MULCRAVE. JNO. Copy 0/ the Para^Tip'! referred to ui ihe ahove Letter. In the condu(^ or your bu fine's wo ob'^rvc, th it a rood dci-il oi //"'.(iC.'i/'tJy and C-'iji'Ji':':i :'.:i!cs b}-. fo much 4^ A t> P N "D I X No. VL much of your correfpondence being addreflfed to us from your Secret Department. By this means an ambiguity is created as to the proper fubjefts to be direded to the whole Court of Direftors, or the Secret Committee. To put an end to all ambiguity for the future, we direft, that whatever \% of a fe- cret and conjidmtial nature^ and, falls -within the views and direcliom of the aEl of parliament, ejiahlijhtng a Secret Committee from among our number, {hould be dire6i^ed to our Secret Committee, but let all other iubjeds which do not fall within that defcription, ceafe to be addrefifed to us from your Secret De- partment, but let them come to us from your Public Revenue, Commercial or Military Depart- ments, according to the nature of the fubjedl with which it is conne6led, and by attending accurately to the arrangement of your correfpondeuce under thofe heads, all ambiguity will henceforward be removed. Whitehall, Approved by the Bo-^rd. ^th February, 17 S7. (Signed) Wm. PITT. HENRY DUNDAS. MUl-GRAVE. [ 49 3 APPENDIX VIL No. I. Extra ^ from the Proceedings at a General Court -^ held on Friday the 2<^th of May y 1767. I T being obferved, that it might be proper, that any Member of the General Court, might, for his more certain information, have copies of any part of the tranfadions of the General Court as he flioiild defire, and the fame having beea deb ited, it v/as, on the queftion, Refolved, "That it is the opinion of this Court, *^ tliat any propiiriot' cf 500!. iiociij may have a '^ copy of i\\L' n-.ini:tes of a-iy General Court, ^^ p-iyiiig lor the expcnces of Kieh copy." No 2. To the JhnciiraUe Court of Dirsjlors. Uonoy.ralU Sirs, I have to rcquell a copy of the difparcli v.hiv-h v.i-; produecd ac the General Court, on WcJ.ncl- (':;y theyrli i;-;'l.:iu, and on w'lich Mr. Kcuic, the C'winjMny'o Coiinitl, foiind-d his piib:ie opinion, ii-.i: no liibihinrial kcuMiv uas o-/ri\ bv Cue Jk.). rd ot Cojiiro^d M>r ihr fbrure :;r.vcn:ion ot iLoK* in.;cctua;;ics in the frcret dcpaiLii.ent, which ilir iioai'd j. rcf^fild iu diiap^^rovc oL ; I ' Oa 5^ APPENDIX No. VII. On an application to your Secretary's Ofnce, I was informed, that the above paper could not be infpcfted by me, becaufe it had not been read at the General Court ; but, though a commend- able caution in your ofFiceis, may on their part have juftified this refufalofmy requeft, I amper- fuadcd the Honourable Direflors will by no means with-hold any ncceffary information from a Proprietor, by adopting fo very nice a diftinc- tion on io very intcrefting a point, but that, adfcing up to the fpirit of the rcfolution of 1767, they will admit, that a paper, produced at a Gene- ral Courts and there argued iipcn by the Company's Counjel., becomes to ail intents and purpofcs a -paper which conjlitutes a part cf the public pro^ eedings of the Proprietary at large. I have the honour to be. Honourable Sirs, Your mofl obedient humble fervant, (Signed) GEORGE TIERNEY. Ci'ojvenor -Street y Feb' dJ/y ()ih^ 1787. No. 3. Mr. Morton prefents his compliments to Mr. Ticrney, and acquaints him, his requeft for a copy of tht.' paper therein menuoncd, was laid before the Court of Diredlors, who have dire6l_^d hi;n to inform Mr. Tierney, they cannot coviply with his vcqHefi. i'.afi-lndia'liGufe^ the ^tb February y I'j'i']. UNIVERSITY OF CALIFORNIA AT LOS ANGELES THE UNIVERSITY LIBRARY This book is DUE on the last date stamped below mi f Lb. Ut'^ % Form L-0 aom-l, 41(1122) DS 469 T44r Tierney - The real 1787 situation of the East- India company . 1 DS 469 T44r 1787 000107 030 9 i^