I liii 11 It If ill' iiliif 11 iiii i ( i III! il i 1 ill HISTORICAL VIEW OF PLANS, FOR THE GOVERNMENT OF BRITISH INDIA, AND REGULATION OF TRADE TO THE EAST INDIES. AND OUTLINES OF A PLAN OF FOREIGN GOVERNMENT, OF COMMERCIAL OECONOMY, AND OF DOMESTIC ADMINISTRATION, FOR THE ASIATIC INTERESTS OF GREAT BRITAIN. LONDON: Printsd roi J. SEWELL, Cornhill; and J. DEBRETTi Piccadult, M.OCC.XCUI, 7 7 i5 14 f ...... ;. 53' & 1^ -^3 PREFACE. x\S the Leginature are about to deliberate and de- cide on the Afiatic interefts of the Empire, every information, upon this great national fubje£^, will be received with candor and perufed with impartiality. However important India affairs have become, the ftudy of them has been, in a great meafure, con- fined to the Dire<9:ors and Company's fervants ; to the Minifters to whom His.Majefty has affigned the public duty of connecting the political and commercial proceedings of the Company, with the general in_ terefts and profperity of the Empire ; and to Parlia- ment, to whom both the Directors and the Executive Power are refponfible. It hai now, however, become neceffary to lay before the Legislature and the Public, the eyents and circumftances from which a plan for the future government of the Britilli territories in India, and regulation vi PREFACE. regulalion of the trade to the Eall-Indies muft pro- ceed ; and with a \\e\v to this object, the following work has been compiled. In the Introduftion, the leading events in the Pliftorv of Hindooftan and of the Eaft-India Com- pany are explained, as the fource from which the fuccelTive plans upon the fubje£l of Indian affairs have proceeded, as well as the fyftem upon which the Britilli intcrefls in the Eail are at prefent admini- ' llered. • In Part I. a digeft of the plans from the conquefts of the Company till their affairs came to be placed under the controul of the State, and from that period to the prefent times, is brought under review, that the political and commercial principles, which muft direft in tlie future adminiftration of Indian affairs, might be fully perceived. ^, In Part II. the outlines of a plan of foreign go- vernment, of commercial oeconomy, and of domeftic adminiftration are fubmitted to examination. The fo- reign government is deduced from the Hiftor\'- of Lidia, / PREFACE. vli India, and from the mixed tenure of conquefls and of treaties by wliicii Great Britain holds its pofledions. The judicial, financial, and military powers required to adrainifier this government with eiTeft, are ex- plained, in their relation to both of thcfc fources of information. The connexion of the Eaft-India trade with the revenues of the provinces, and with the revenues of the nation, is next examined; and fuggeftions- for the improvement of the export trade, of the circuit- ous trade within the Company's limits, and of the import trade " are fubmitted to confideration. A fketch of the conftitution of the Courts of Directors and Proprietors, and of the Board of Commiilioners for the Affairs of India, concludes this review. The authorities upon which the whole of this detail refts, have been obtained either from the re- cords of the Company and from the archives of the State, or from the communications of thofe wliofe official and local knowledge qualify them to aid their country upon this important occafion. O N T E N T S. Iktrodution . ;, . Pao-e i PART 1. HISTORICAL VIEW OF THE PLANS WHICH HAVE BEEN OFFERED FOR THE GOVERNMENT OF THE ASIATIC TERRITORIES OF GREAT BRITAIN, AND REGULATION OF TRADE TO THE EAST-INDIES; WITH THE POLITICAL AND COMMERCIAL PRINCIPLES WHICH SEEM NECESSARY TO BE RECOLLECTED IN FORMING A PLAN FOR THE FUTURE ADMINISTRATION OF INDIAN AFFAIRS. CHAP. I. Review of the Plans which were fuggefted for the Govern- ment of the Afiatic Territories of Great Britain and Re- gulation of Trade to the Eaft-Indies, previous to the Efta- blifliment of the Board of Commiflloncrs for the Aflairs of India, - - - Page 46 C FI A P. [ ^ ] CHAP. ir. Review of th^ Memoirs and Plans for the future Adminl- fliation of the j^ritifh Pofilllions in India, and Recrulation » of the Trade to tlic Eaft-In lies, which have been pro- pofcd fince the Eilabliflimcnt of the Board of Commif- fioners for the Affairs of India, - Page 165 CHAP. III. Commercial and Pohtical Principles arifing out of the Nature of the Trade to the Eaft-Indies, and of the Hif- tory of the Countries within the Company's Limits, -which fceia neceflary to be recoheded in forming a Pla:i for the future Adminiftration of Indian Affaas, - Page 267 PART II. OUTLINES OF A PLAN OF FOREIGN GOVERNMENT, OF COM- MERCIAL OECONOMY, AND OF DOMESTIC ADMINISTRATION, WHICH SEEMS TO BE CALCULATED FOR THE PRESERVATION OF THE BRITISH POSSESSIONS IN INDIA, AND IMPROVEMENT OF OUR TRADE TO THE EAST-INDIES. CHAP. C ^i ] CHAP. I. Plan of Government for Britifli India, with the Judicial, Financial and Military Powers required to fupport it. Sect. i. Of the Plan of Government required for Brhijl) India, - - - - Page 351 Sect. 2. Of the 'Judicial Power required under the precede Ing Plan of Government, » • 383 Sect. 3. Of the Financial Power required under the pfe- ceding Plan of Government, - - 459 Sect. 4. Of the Military Power required under the pre- ceding Plan of Government, - - 493 CHAR [ ^^'^ J CHAP. 11. Obfcrvations on the Trade to the Eafl-Indles, in Con- nexion with the preceding Plan of Government, Page 527 CHAP. III. Idea of the domeftic Adminiftration which, in coincidence with the preceding Plans of foreign Government, and of Eafl-India Trade, appears to be practicable and expedient for rendering the Britifli Provinces in Afia and Trade to the Eaft-Indies more efficient Branches of the Empire, and of its Refources, - - - Page 591 HISTORICAL VIEW OF PLANS, FOR THE GOVERNMENT AND TRADE OF BRITISH INDIA, Sec. INTRODUCTION. CONTENTS. Indian Affairs, an important National Subjcdl — A Plan for the Direaion of them required— Objea of it— Difficulties arifng from the Diverfty of Opinions refpedling it,— from the CharaSlers of our Indian Provinces, as Branches of the Britifj Empire,— from the Circumjlances which have attended the Rife of the Britifh Power in Hindoofan, and the Dijlance of our Indian Provinces from the Seat of Government— Origin of Jfatic Commerce, — B . frj OF THE BRITISH GOVERNMENT frjl Afpccl of it among the Europeans — Difcoveries and Conquejis of the Portuguefe, — of the Dutch, — of the French.— ~ Rfe of the London Eajl India Company — FffeSts of the Revolution 1 6 8 8 , o« this Company's Rights — Union of the London andEnglijh Companies — Spirit of their Charter, and Sketch of their Progrefs — Situation of the United Company at the Peaceof Aix la Chape lie, — at the Peace 1 763, — at the Peace 1783 — Parliamentary Enquiries into the State of Indian Affairs inflituied — Refult oj them, leading to general Plans, for the better Govc-iiment of our Indian Interefs Specific Plan of i 784, which pajjed into a Law — New Ar- rangements of the Company* s Bufmefs introduced by the Com- mijftoners under this Act — Beneficial Effects of them — Bill required to explain the Extent of this ASl, in 1 788 — Events which led to this Bill — Obje^ions made to it — Thcfe Objections removed — Farther Amendment of the A^ 1784, in 1790-91 — EffeSl of thefe hu' provements on the general ^ef ion refpecting Indian A fairs — The Bill by which they are finally to be arranged tnujl be one of Sy ft em —Importance of this fubjecl — Claims of the Eaji India Com- pany, — oJ the Nation — Both muji be lifened to by the Le- gijlature, — and not clogged with Speculations — Means already pojfeffedby the Public for examining the Subject. — Farther Infor- mation required to enable the Public to fulfil its Intentions refpeSiing India, viz. — The leading Events^ in the Hifiory of Hindooflariy. —of China and of the Eafiern IJlands, — of the EaJi India Company, — Hi ft or y of the Plans which have been formed for tht Government of Britiff India, and Trade to the Eaft Indies.-^ References to thefe Sources of Information the Objetl of this Work, and the proper Foundation for a Syfiem of Indian Affairs, AS AND TRADE IN THE EAST INDIES. XTlS the period has now arrived, when the prefent plan introd. upon which Britifh India is governed and the trade to the i^^i^^ aftairs Eafl-Indies regulated, muft either be continued or altered, ^" important ° . national fub- it becomes neceflary to lay before the Legiilature and the jeft; Public, every fpecies of authentic information which feems calculated to affift the nation in deciding upon a fubje6t of fuch general importance. Parliament having given Notice to the Eaft-India Com- pany (agreeably to the terms of its Charter) that its exclu- iive rights and privileges expire in March, 1794, a plan, for the future government of our Afiatic dominions and regu- lation of our trade to the Eafl-Indies, muft be devifed and carried into effect. a plan for the dircftion of them re- ciuifcd— If formerly our Indian dominions and trade were diredted ^''J^'^ °f 'f> and controuled by regulations only, becaufe we were ftrangers to the political fituation of thofe dominions, the fame difficulties no longer exift ; for we have had the advantage of experience, from the application of thefe regulations, and are prepared to judge of the value of each of them, and, of confequence, to form a fyftem arifing out of the nature of our acquifitions in Hindooftan, and of our trade to the coun- tries within the Company's limits. The objedt of fuch a B a fyftem 4 OF THE BRITJSM GOVERNMENT IN'TROD. fyftcm is fimple— It mufl be calculated for the prefervation of the Brltifh dominions in India, and for the extenfion and improvement of our domeftic and foreign trade. S'"'"fiom Every man of obfcrvation mud be fatisficd, in the firft the diverfity place, that the opinions of the Public are far from being; of opinioiii , _ ' _ 1 1 r rcfpectuig it, in unifon, as to the fyftem which ought to be adopted for the future government of Britilh India, or for the regula- tion of our Afiatic commerce ; — that much is due to the en- terprifc and merits of the Eaft-India Company, to whom Britain originally was indebted for valuable dominions, and an important branch of its trade, and that care muft be taken to continue with them fuch privileges only, as are confiftcnt with our general commercial profperity, and yet to place the adminiitration of Indian affairs on fuch a foun- dation, as not to bias from the center upon which they turn, any of the component parts of our happy Conftitution. Fmmthccha- It ouglit, in the next place, to be recoIle6led, that the imtian^'pio- ^'^'^^^^^''^ Comprehended in the Britiili Indian empire are Tinccs— of various and diftindl charadlers, and that the regulations to be propofed for their future government mufl be reconcile- able to the manners, to the kinds of religion, and to the va- rious territorial or commercial refources of the people for whom they are intended. Our dominions inHindooftan, it mufl be remembered, fpread over a country almofl equal ta Europe in extent, and arc inhabited by nations as different from each other, in origin, in feelings and in habits, as all of them are from Europeans. 6 Therk ANDTRADEINTHEEASTINDIES. 5 There can be no difference of opinion, with refpe6l to INTROD. the adminiftration required by the fpirit of the govern- as branches ment, for Britain itfelf, where the executive has been con- "^''l^ Bmifh ' _ ' empire, troled by the legiflative power ; and where both have been refined by the mild adminiftration of our laws. Circum- ftances, however, both local and accidental, have rendered the extenfion of our free government and mild laws to our foreign and diftant dependencies, difficult and in fome inflances impradlicable. The remote fituation, and the various defcriptions of our dominions, in the Eaft-lndies, have made the full communication of the privileges of Bri- tifh fubje6ls to the natives, an obje6t rather to be defired by the liberality of the nation, than to be reconciled to the a6lual adminiftration of our affairs. It ought, ir» the third place, to be remembered, that Fromthccir- the relation of Great Britain to its Afiatic dominions is of which'ha"e a mixed and novel kind. It betran with commerce ; it was ^"^"^^,'^ '''5 ^ _ _ _ rife 01 theBn- reared up by arms ; it has terminated in the acquifition of t'fl» power in. territories, by treaties and by conquelts. An immenle army of the natives trained in the modern art of war and commanded by European officers, and a large body of re- gular Europeans in the King's and Company's fervice, have been required to maintain thofe poiTcfTions ; while great po- litical wifdom, refulting from the experience of the Directors and of Parliament, has been called for in the adminiftration of our power, and in finding out channels for the circui- tous commerce, by which the furplus revenues might be made to flow home, for the benefit of the Proprietors and gf the Public at large. Thf. OF THE BRITISH GOVERNMENT INTROD. « >, ' And the dif- i.iiKc ut our 1,1^. ..n pro- viiic'i from the feat of go- vernment. The relation fubfifling between Great Britain and its Afiatic dominions is thus a new event, in the hiftory of mankind. As a political phoenomcnon it has been the wonder of foreigners, more particularly when they adverted to the circumftances, that the feats both of our Eaftern dominions, and of our trade, are diftant from us nearly half the circumference of the globe, and that we have difcovercd the j->olitical fecrct of maintaining our fovc- reignty, by an adminiftration that is local, difcretionary and prompt ; and yet of engrafting by it, on Afiatic infti- tutions, degrees of the mild maxims of Britifh govern- ment and laws. Origin of Ali.itic com- In order to explain the fourcc of the Britilh power in Hindooftan, we fliall have, in a particular manner, to advert to the events out of which it has arifcn. In ancient times, the commerce between Europe and Afia was carried on, partly by land, partly by the courfe of great rivers and a clogged coafting navigation. ^ The Eaftern fdks, fpices and aromatics, and precious ftones, were in the higheft eftimation, among all the nations of antiquity ; but the conquefts even of Alexander, in India, were limited, while thofe of the Romans never led their legions beyond the Banks of the Euphrates. Firft afpc.^ of At thc time when the modern Europeans began to aflume tj'roneansV^ a civilized character, they alfo imbibed a tafte for the luxuries of Alia. Thc iliips of the Italian free ftatcs, for 2 this AND TRADE IN THE EAST INDIES. 7 this end, took up the Indian goods, which by means of ^^'^T'^QP^ caravans and the navigation of rivers, had reached the fhores of the Mediterranean, and difFufed them over Lhe Northern kingdoms of Europe. Towards the clofe of the fixteenth century, the minds -^ of the Europeans, in general, began to take an adventu- rous turn. This bias was ftrengthened by the difcoveries which had been made in thofe natural fciences, that are fubfervient to the creation and improvement of the ufeful arts, and it terminated in exciting a general dcfire, to make difcoveries and to encourage trade. In this new and bold career, Spain and Portugal, unex- Difcoveries pe61;edly took the lead : both courts patronized fchemes ot-'Jhc'ponu- for exploring, not only thofe parts of the world, which S"efe, hitherto had been concealed from the Europeans, but for finding out tra6ls, which fliould be better fuited to the purpofcs of trade, than thofe which had hitherto been purfucd. Under this impreffion, Columbus fought a new route to the Eaft-Indies ; but, by an accident, was driven to the Continent of America, there to rear a new pillar of the world, on which the crown of Spain was to lean. Vasco de Gama, foon afterwards, on the original plan of Columbus, of finding a paflage to the countries in the Eafl:, which OF THE BRITISH GOVERNMENT INTP.OD. which had been defcribed by Marco Polo, doubled the Cape of Good Hope ; failed along the coaft of Africa, and reached the great peninfula of Afia. Gama, by this difcovery, gave to Portuc:al a trade, more valuable than that which Co- lumbus had conferred on Spain, though he could not annex to his country, either territories fo extenfivc, or a trade fo immediately produ6live. The Fortuguefe conquefts in the Eaft, in a fliort time, were of the moft fplcndid kind. The riches which the fliips of this nation brought to Europe, enabled Emanuel, its Sovereign, in fome degree, to balance the power of his mightier neighbour ; while the "fame of his conquefts, in the ihort fpace of tv.enty-four years, confirmed the general propenfity to commercial enterprize, which already had been taking root among the European nations. Portugal, foon after this period, became a dependency of the crown of Spain. The Eaftern Portuguefe, upon this event, confidcred their relation to the mother-country, to be, in a meafurc, diflblved. It was during this ftate of their feelings, that Philip, with an impolitic feverity, pro- hibited his Afiatic, from having any intercourfe with his revolted fubjects in the Netherlands. —of the The Dutch bad already thrown off their dependence on '*'*^ ' the crown of Spain, and were ftruggling to eftablifh their civil and religious freedom. Thefe new republicans had motives to induftry of every kind; they poflefTed a country which AND TRADE IN THE EAST INDIES. 9 which did not afFoid provifions for a third part of its in- introd. habitants, and they had no other refource, but in their in- duftry and maritime fkill. Patient in their tempers and perfevering in their pnrpofes, trained too in a country, whsre maritime, if not the only, was certainly the principal purfuit ; they catched, at once, the fpirit of enterpiize, becaufe it promifed them, at the fame time., power and ample gain. For thefe purpofes they fent their armed iLips to the Eaft, eftabiifhed fa6lories, became the rivals and fupplanters of the power and influence of the Portuguefe ; and, at laft, erected their feveral, but connected Eaft- India Companies. France was then governed by Henry IV, who had for r;"^ ^^^ his minifter the Due de Sully. Though occupied, at this jun£lure, in oppofmg the fchemes of the Empire, France, in a fliort time, caught a degree of the prevailing fpirit of ' adventure, and became one of the rivals, which the Portu- guefe, the Dutch and the Englifli had to meet, in the eaflern markets. It does not, however, appear, that France, during the greatefl part of the feventecnth century, under- flood the principles upon which a foreign and diftant trade could be eftablilhed, or that its mercantile oeconomy was as 3^et ripened for any thing beyond a narrow trade with its European neighbours. The Englifh nation had, during thefe events, neither i^ireoftbe been infenfible to the value of this commercial objedl, nor India Com- jQow in its efforts to extend its trade and navigation. Pof- ^■"^•^' C fcffcd 10 OF THE BRITISH GOVERNMENT IN'TROD. feficJ of more national ardour and yet equally perfevering vith the Dutch, emerging too from civil and religious thraldom, it determined to participate with the Portuguefe and Dutch commercial adventurers, in the profits of the trade to the Eaft-Indies. It was not to be expedted, in this early flage of trade, that the ftock of any one individual could be equal to the expences, or to the rilk of fuch a fcheme. A Company,, therefore, was formed, which united the floci^s of indivi- dual merchants ; and, by a royal grant, was made a body corporate, capable not only of acquiring property, but of holding a territory under the Crown. As the trade to the Eaft increafed, the London Eafl-India Company obtained additional privileges from a fucceffion of fovereigns ; wdio, in return, received confiderable fums of monev, and an increafe of revenue. ^vof'iion*'^ The period, however, approached, which gave a fixed 1688 on this chara6ler to the Briti(h conftitution, and queftions now Company's . . ro- 1 rights. began to be mltituted in courts or law, reipecting the nature of exclufive privileges of trade, and rcfpeiSling the titles of the Sovereign to grant them. As the decline of the abfolute power of the Crown was drawing near, and the nation were preparing for a precife and defined Bill of Rights, the decifions on thefc queftions, in the different courts of law, were gra- dually taking a more liberal form; till, at laft, the revolu- tion of 1688 took place, and the diftin6lion between a 3 fimple AND TRADE IN THE EAST INDIES. n fimple right of the Crown and a charter from the Sovereign, introd. proceeding on an agreement with parhament, for a valuable confideration, was fully and accurately defined. An accident, foon after this memorable a^ra, brought this Umon of the principle to maturity. Parliament had entered into an Engiimcom- agreement with a new trading aflbciation, to be deno- i'""'"- minated the EngliJJj Eajl-India Company, and had inconfi- derately transferred to it the rights, which could not be taken from the Old or Londofi Company, without violating the 13th article of the Bill of Rights, as well as the ef- tabliflred laws of England. The oppofition of two India Companies, oi the fame country, to each other's progrefs, was too violent to be lafling. It was found, that the profperity of both, was incompatible, and that the continuance of their oppofition to each other could only terminate in their common ruin. An union, therefore, of their interefls, appeared to be the obvious and neceffary means, both for preferving and encreafing the Britifli commerce to the Eaft, and for enabling the nation to meet, with fpirit and eft'edl, the fuperior advantages poffcffed by the Dutch. 'The United Company of Merchants Trading' to the Eafl- Indies, Spint of their was therefore eftablillicd. To it were transferred the pri- Charter, and • flcctcli oUheir vileges which the London Company had got by fucccfllvc progrcfi. grants from the Crown, and the Rights, whicli the Englifh Company had acquired from the Sovereign, npcn the bafis of the 13th Article of the Bill of Rights. PofTcffed of a flock, proportioned to the magnitude of their fchcmcs, and aiSt- C 2 ing 12 OF THE BRITISH GOVERNMENT INTROD. ing under a Charter of Rights, which refted on the bafis of the Conftitution, the feats of their commerce multiplied, their exports foftered our rifing domeftic arts and manu- fai5lures, and their imports gave raw materials to both, added to our public revenue, and raifed our commercial im- portance in Europe. For many years the territorial acquifitions of the Eall- India Company mufl be viewed in the back ground of their commerce ; but during the laft thirty years, their commerce has become a fubordinate obje6t to their territorial pof- feffions. During the war which terminated in 1748, France began to form the bold fcheme of becoming one of the fovereign powers in Hindooftan. The nature of this undertaking, and the probable fuccefs of it, with reafon alarmed the Englilh company, who now faw that the feats of their ancient commerce in the Eaft were in danger of falling into the hands of an European rival; and that thofe pro- fits, which they had for fo many years drawn from their trade, might, in a moment, be fwept away from them by the united arms of their Indian and French enemies. Siniation of TiiESE alarms were, in appearance, difpclled by the peace CoJpany'^at of Alx hi Chapellc , in 1748, which rcflored their Indian til pcacr of factories to the French and Eiio-lifli nations. It was Aix \i Cha- rr 1 1 pcUc— impoflible, however, that cither of thefe powers could be in- different AND TRADE IN THE EAST INDIES. »5 INTROa .^ ' different to a prize of fuch value as a territory in Hindooftan, ^ which might afford a revenue fufficient ta fupport the force required to defend it, and a furplus fum for the purchafe of inveftments for the European market. Both countries had armies on the Coaft of Coromandel, and the officers, who condu6led each of them, had formed alhances with the native princes and flates, with the concealed obje6t of renewing the wars, which were to terminate in rendering one of thefe European nations paramount in India. The diflreffes and embarrafTments, which this fituation of affairs brought on the French and Englifli companies, induced the rei"pe6live Directors of each to apply to their Sovereigns, praying them to interpofe their power, and to fix on fome folid bafis the Rights and Privileges of their fubje6ls in India. Terms of accommodation were, in a meafure, agreed on by the two Courts, v/hen the war, 1756, uuexpededly took a decided and declared form. If, in this war, the fuccefs of Great Britain in North At the peace America, brought that large Continent within the widen- '^ ^'~~ ed circle of her power ; her viiStories and acquifitions in Afia, fecmed rather to be a chain of miracles, than a fuc- ceffion of real events.. Britain now became foverelgn of the rich provinces of Bengal, Bahar, and Orilfa, of the Noithern Circars, and of part of the Carnatic; while ihc not only retained her ancient poffcfTions on the Coaft of Malabar, but laid the found.- 14 OF THE BRITISH GOVERNMENT INTROD. foundations of a more cxtenfive commerce in the gulf of ' ' ' Pcrfia. FIcr influence, too, over her allies, the Vizier of Oude and the Nabob of Arcot, and over the difl:ri6ls depending on them, if it did not amount to a fovereignty in name, has, in the event, become one in reality. At the peace TwENTY years had only clapfed from this memorable ''^^' xra, when Great Britain had to contend with France, with Spain, with Holland, and with her own revolted Colonies. The pride of a great people will lead them to wi(h, that they could drop the curtain (and for ever) over the events of this fatal war ; for the'fake of thefe natural and honorable feelings, we fliall fuppofe the memory of it to be obli- terated, and rather look to the Eaft, where Britain was ultimately fucccfsful. Whether we ought to refer the prefervation of our Afiatic empire to accidents, or to the talents and wifdom of the fervants of the Eaft-India Company, it is not onr province to decide. The fact admits not, happily, of any doubt. If, in the Weftern world we had provinces to relinquilh, if at home, we had debts of an alarming magnitude to dif- charge ; our dominions and trade in the Eaft Hill remained entire, and had even been encreafed. The nation, there- fore, looked to the Eaft-Indies, as the moft important foreign dependency it poflcfled ; by its trade to A Ha it hoped to revive its arts, difFufe its manufaiSlured produc- tions, rcftore its revenue, and, once more, to give fplen- dor to its empire. India AND TRADE IN THE EAST INDIES. »5 India had, previous to and during the war, become the fubjedl of pubhc attention, and the conduct of the Company, of Parhamentary difcuflion. The Houfe of Commons, fatis- fied that information refpe6ling the true flate of the Britilh dominions in the Eafl was wanting, had appointed fuc- cefiive Committees compofed of members of acknowledged probity and talents, who, with great impartiality and ability have given, from evidence. Reports on the condu6t of the fervants of the Company, in the different wars which had been carried on in Hindooftan ; on the nature, value and extent of the Britilh dominions in the peninfula of India ; on the revenues which they could yield ; and on the expcnfes requifite for fupporting the civil and military eftablifli- ments neceflary for their prefervation and profperity. INTROD. '^ . ' Paillamen- tary enqui- ries into the ftate of In- dian affairs inftltuted-. The refult of thefe Reports, however, feems upon the Refuit of ... them leading- whole, to have been the formation of a general opinion, to general that the interefts of the Company, and of the nation, had, bettTrgo-*^* in many inftances, been mifunderllood, and, in fome cafes, ^e'njnsnt o^ ■' ' ' ' • ' our Indian loft in thofe of individuals ; that the Company, though interefts. qualified, from their cbara6lcrs and purfuits, to be mer- chants, were not competent, (at lead on difficult emer- gencies) to be fovereigns. A fyftem, therefore, was now to be brought forward, the objc£t of which, in the firft place, fhould be to remedy the evils arlfing /rom the mal-adminif- trationof the Company's fervants abroad, and, in the next place, to render India itfelf a produdlive branch of the Britilh: empire. The i6 OF THE BRITISH GOVERNMENT I INTROP TiiK cflablifliment of thcfc p;enei"al opinions, both in the minds of the nation and of tlic Icgiflaturc, produced the plans of affording the protection of the laws of England to the natives of India, who are fubjedls of our govern- ment; of taking meafures for rendering the fervants of the Company abroad more obedient to the orders of the Dire6tors at home ; and of fubjedling the Diredlors to the luperintcndence and controul of the executive branch of government. Thcfe fchcmes, by degrees affumed a more defined afpc6t ; but what rendered them difficult of execution was, that the public, in general, were as yet ftrangers to the true (late of our Indian affairs, though difpo- fed, from their prejudices, to cenfure and condemn the Com- pany's fervants, for the peculation and crimes, which, it was alleged, they had committed ; and ready to fecond the meafures by which a reformation of thefe abufcs was recom- mended. Under thcfe impreffions, fpecific plans were pro- pofcd to parliament in 1783-4, by Mr. Dundas, Mr. Fox, and Mr. Pitt, which, from the circumftanccs of the times, were laid afide, but will be brought under review, in this work, to enable the Public, by drawing from every fource, to devife a fyftem fuited to the actual ftate of our Afiatic intcrefts, and founded on experience and pra6licc. Specific plan The nation however were fully fatisfied, that fome plan for "V^',^"*' n- . new modcllinc: the adminiftration of our Indian interefts, whicli p^ilTca ^ into a law. muft bc dcvifed and adopted ; one of the firftadts, therefore, which paffcd in the late parliament, was, " A bill for the better managment of the Eaft-India Company at home, and in AND TPvADE IN THE EAST INDIES. in their diflerent fettlements abroad.'" It proceeded upon the principle of confirming the Chartered Rights of the Com- pany, and of introducing the authority of the State to controul all operations and concerns relative to the civil *and military affairs of the Company in India. This bill was profelTedly one of experiment, not of fyf- tem ; for the Legiflature and the Public were now fully convinced, that they had not acquired information fufficient to enable them to form a fyftem, upon this great national concern. Care, however, was taken in the body of the bill, to check future peculations or crimes in the Company's fervants ; and to give efficacy to the orders of the Directors, by making difobedicnce to them cognizable by a court of judicature, and a mifde- meanor. That the power of the Gov^ernor-general might be prompt and efficient, his decifions were rendered fu- preme, over all the Company's fettlements; our Indian pof- feffions thus became, though indircdlly, more fully under the fuperintendence of the executive branch of the Confli- tution, while the exifling rights and privileges of the India Company were left entire. One of the firfl circumftances which attracled the no- Ncw ar- tice of the Commiffioncrs appointed under this adl was, that ^f Vhe'co"" the Direflors, in the difcharge of the executive powers P='"y!^ b"'"'- vvhich had been entrufted to them, had, from a want of duced by the authority, been unable to enforce their own orders, and that in each of the Prefidencies, an irregularity and evafion ^^"' ^^ D of Conimiffi- oners under i8 OF THE BRITISH GOVERNMENT INTROD. of the inflru6lions, which had been fent out to them, had prevailed. The fii ft of thefe evils was remedied (as has al- ready been obferved) by the a6l having rendered difobedicnce a mifdemeanor ; the fecond of them was done away, by the introduclion of a regular plan of bufincfs, into the admini- ftration of the different Prefidencies. This lafl meafure, His Majefty's CommifTioners carried into effect, by dividing the bufineis among fourdiftinct Boards, tov,\tyt\\QBoardofCoun- cily the MUitary Board, the Board of Revenue, and the Board of Trade. The tranfactions of the whole were to be under the management and controul of the Governor-general and Council, or Prcfident and Council, who alone were to cor- refpond with the Diredtors. The bufincfs of each Prefidency was thus reduced to departments. In the Public Deparinieni the Governor and Council had already had the cognizance of all the letters, which were not of a political nature, as tranfmitted to them by the fubordinate Settlements. They had fiiperintcnded all commercial tranfadtions with the Company's fa6tories in China ; they had ifTiicd their orders, in whatever regarded trade and lliipping ; they had received and anfwered all perfonal applications ; and had regulated the duties of the fubordinate offices of every defcription. In their charader of a Secret Department, they had confined themfelves to fubjc6ts of a political nature, whether thofe which came dire6tly from the fubordinate Settlements, or thofe which were tranfmitted to them by the Company's refidents, in the dependant provinces, or at the courts of the native princes and (tates. In this capacity, alfo, they had dirc6ted all tranfa6tions with foreign nations, hav- ing ANDTRADEINTHEEASTINDIES. 19 inff fa(5lones or cflablifiiments in India, and had iflued the introd. orders, for the movement or employment of the troops. The bufinefs, however, was now ftill more accurately fub- divided. To that part of it, which regarded tranfa6lions with the native powers, was given the name of the Political Department ; and to that which referred to the tranf- a6lions with European powers, having interefts in India, of the Foreign Department ; with thele amendments, the bufmefs of the Public Department became fimple and defined, and in a fhort time, checked that evafion or irregularity in the correfpondence with the Diredlors, which had formerly prevailed ; to the Military Department was committed every thing which regarded either the conftitution or the tranf- adlions of the army. Whatever had a reference to imports and exports, was entrufted to the Commercial Department. The management of the rents of lands, the colle6lion of the duties ; (and, in Bengal, the government of Benares) were ailigned to the Revenue Department. In confequence of thefe meafures, the adminiftration Beneficial of our Indian pofTefiions and trade has become regular and '^f^'*^ °* efficient ; the credit of the Company has encreafed ; the price of India flock rifen higher than the moft fanguine of the Proprietors could have expe6led ; the trade of the Company has been almoft doubled ; the duties paid by them to the Public been augmented ; tranquillity for a courfe of years maintained ; and a war, not lefs neceffary than politic, fupportcd with dignity, and happily termi- nated with fuccefs and honour. D2 But 20 OF THE BRITISH GOVERNMENT >. i.s'TROD. But Mhile improvements were thus introducing into the . , aJminiftration of our Afiatic dominions, an event occurred in Bill required toexpiaiiithe the pohtical fituation of the European nations, which ap- extentutihis , i i • i • • l^ aa ill 1788. pcared to augur a general war, and which, as it might rcplungc India in anarchy and calamities, rendered it ne- cclVary to explain, more fully, the extent of this a6t. Evcntswhich A FACTION had long been forming in the United Provinces bill. of the Netherlands, the objcdl of which, avowedly, was to overturn the eftablifhed government of that country. The leaders of this afTociation had been firfl: fecretly, and now were openly patronized by the minifters of France. Great Britain and its allies, upon this occafion, found it neceflary to interfere, becaufe the prefervation of the balance of power in Europe required, that our ancient allies fliould not become the dependants of our declared rivals. The Eaft-India Company on this occafion were naturally alarmed for the fafety of their foreign poflcflions, and therefore pe- titioned His Alajcfty, for a reinforcement of European troops, as the only means of defending them from the attacks of the native powers, aflifled by France. With his ufual paternal care. His Majefly gave orders for raifing a certain number of regiments for this fervice. Nations frequently owe their prefervation to the impro- vident meafurcs of their enemies. By an impolitic inter- ference with our American provinces, France reflecSted not that, in giving our Colonifts independence, the viper which it had warmed into life, to dedroy a rival, might turn AND TRADE IN THE EAST INDIES. 21 turn on the fource of its re-animation, render it fickly, and haften on its fate. It faw not, that there was a danger of introducing and habituating the minds of its own fubjc6ls to principles, as advcrfe to the duration of the monarchy, as they have proved to the happinefs of the people. This Court, when it was too late, began to difcover the confequences of its improvident condu6t — in no condition to fupport the faction it had raifed in the United Provinces, it acquiefced in the terms which preferved and confirmed the eftabliflied government of the Netherlands. INTROD. ^^ ^— ' The moment that the alarm from the profpe(5l of a ge- neral war had fubfided in Britain, it was made a queftion in the Courts of Dire(?tors and Proprietors, whether the regiments intended for India ought not to be diibanded, and the recruits taken to fill up the thinned ranks of their own battalions. The King, however, to give a proper im- preflion, both to the European powers and to the native princes and ftates, of his intention to fupport and maintain the dominions of Great- Bjitain in Hindooftan, ordered the troops to be embarked and fent to India^ It had, while this affair was depending, been made a queftion by the lawyers of the Company, " how far the Bill of Regulation of 17S4, conveyed to the Commiflioners for Indian Affairs, an a6tivc controul over the revenues of the Company in India ?" and " whether or not the confent of the Proprietors and Di- jc6lors had not been implied in the fpiiit of the acl ?" The terms in the ait, it was agreed, had not been fuffici- ently explicit, though it could not be doubted, that the 6 aa Objeflions made to it. Theft (jbiec- tions rcmov- cJ. ,, OF THE BRIT ISII GOVERNMENT INTROD. z£i itfelf intended to convey to the executive government, the power of judging of the meafures which might be deemed expedient for preferving our Indian poffefTions. A Ihort bill, therefore, paflcd in 1788 to explain a point which it was impofl'iblc to allow to remain a matter of doubt. To remove every poflible objedlion againfl this bill, a claufe was infertcd in it limiting the number of troops to be fent out to India, and reftricting the Commiffioners from au- thorizing any cncreafe of the eftablifhed falaries and emolu- ments of any office there, unlefs fuch additions fliould be firft propofed by the Diredlors. Farther amendment of the acl 1784, in 1790-91. The general government of the Company's affairs has continued under thofe regulations to the prefent time, except in the accidental circumftances when it became neccflary, in confequence of the war, to fend out to India an additional number of HisISIajefly's forces (during the Seflion of Parlia- ment 1790-91); and alfo, to explain more fully, than the A61 of Regulation 178+ had done, the powers of the Governor-general when any exigency might require his prefence in a fubordinate prefidency. ^ , Viewing then the pro2:refs of Indian affairs, either in a V-Onlcquen- i o ' ccsofrhefc political or commercial light, the Adminiflration of the improve- r • - ■ n~ • i mcnts on the Court of Due6lors and Board ot Commiluoncrs, which has non^efpca-" been happily in unifon, has had the mofl beneficial ten- in| Indian dency, and prepared both of them to meet the great queflions, — Upon what principles ought the ftate to govern its Indian polTef- AND TRADE IN THE EAST INDIES. 23 pofTeffions ? and Under what regulations ought the trade to introd. the Eaft-Indies to be in future condu6tcd ? The bill now to be propofed to Parliament for the fettle- The bin by ment of thefe great national concerns, cannot be one of rre'h'naily^o experiment, but mufl: be one of fyflem. Formerly the beairanged, mult be one rights of the Company, under their charter, were to be pre- of fyftem. ferved ; and yet their poffeflions to be put indirecSlly under the adminiflration of the executive government. Now the charter is about to expire, and the quefbion is not only what fyftem will be moft proper for the future government of BritiOi India ; but, under what regulations can the trade to the Eaft-Indies be carried on, fo as to increafe the induftry of our artizans and manufadturers, and the general circuit of our trade ? The public and the commercial importance of this great imBonance national queftion will readily be admitted. To the public, jea.' ^ it is of importance to preferve an extenfive and valuable foreign dominion, to keep up a great and increafing revenue, to continue and extend their navigation, and to maintain a fuperiority over the other European nations trading to the Eaft. To commerce it is of importance, as India is one of the markets for the fale of our manufa6l:ures ; as it furniflies the requifite materials for the fupport of others ; and as it enables us to fell Eaftern commodities in Europe, in ex- change for money, crude materials, and manufa6lurcd ar- ticles, which are again to pafs into the circle of exchange. On the whole, as it contributes, in an important degree, to give 24 OF THE BRITISH GOVERNMENT INTROD. give to Lii cat-Bi itain the balance of trade both in value and in price. Claims of the BESIDES thcfc Dublic and Commercial ends, political confe- haft- India ' . ... Company— qucnccs, HOt Icls momentous, are involved m the wife and liberal difcuflion of this fubjecl. The Company, on the one hand, will plead that though their right to an exclufive trade is about to expire, they will ftill be entitled to remain a body corporate, with a right to trade to the Eaft-Indies. on their joint (lock, that they hold feveral of their pofTcfTions, fuch as the ifland of Bombay, &c. in right of property, on paying a fixed fum to the Crown ; that many of their other pofleflions have accrued to them by purchafe ; and that all of them are engaged as fecuritics for their debts; that thefe debts, in many inftances, have been contra6led in wars for their own defence, and all of them on legal grounds ; and, on the whole, therefore, that it would be contrary to equityy and the rights of Britilh fubjects, to deprive them of their property, without allowing them, at leaft, its full value ; and contrary to /^a*, to deprive them of the means which they pofTcfs for difcharging, with honour, the claims of their creditors. Ofthcnation; The nation, on the other hand, may infift that the rights of the Company were always undcrftood to be for the term of their charter ; that undoubtedly being a body corporate, they may continue to trade to the Eaft-Indies, on their joint ftock, in common with his Majefty's other fub- jccls ; that however ncceflary monopolies may be, in the infancy AND TRADE IN THE EAST INDIES. 25 infancy of a trade, in order to afford encouragement to en- terprize and remuneration for the fervices done to the public, they are prejudicial when trade has attained its vigor; for then they check the fpirit of general induftry among a people, and enrich a few at the expenfe of the whole ; that no doubt, after viewing the profits of the Com- pany fmce they obtained their different grants, as well as the riches which they have acquired from the purchafcs they have made under their charter ; and after confidering the expenfes of their forts and military eftablilhments, and of their fucojfTive wars, the public will allow them a rcafonable compenfation ; but that this a6tof juflice cannot in any way be argued as a reafon for including in this eftimate the value of their conquefts, becaufe by the laws of the realm, whatever the fubject, under the authority of the Sovereign acquires by arms, or conqueft, becomes and is the patrimony of the ftate ; that, on the whole, the queflion is not 7iq'1v what rights the Company hold under their charter, (for this is fuppofed to be expired, or at leaft the notice of its expira- tion to have been given,) but what compenfation injuftice is due to the Proprietors ? and what fyftem for the future government of our Indian poffeffions and for the maintain- ing of the trade of Great-Britain to the Eaft-Indies, will be moft wife, praflicable and permanent ? INTROD. These claims of the Company and of the nation mufl Theci;iiins be liflencd to with candor and impartiality, and decided of [^"ccW""'* upon with forefight and fyftem. No reafonin2;s from what beiiftcned to may happen are required to lliew, that the Icgiflature muft giiiatiuc, E take 26 OF THE BRITISH GOVERNMENT IN T ROD, faj^e caic that the commerce of Great Britain to the Eafl- Indiesbe maintained in full vigor, neither curbed in its fpirit nor diverted into a foreign channel ; nor are any reafonings necefTary from principles to eftablifh, (what experience has fo fully evinced) that the patronage of Indian trade and re- venue ought to be fo placed, as neither to interfere with the prerogatives of the Crown, nor with the privileges exercifed by the reprefentatives of the people. Though fuch obvious inferences rife from the moft general view of this great na- tional queftion, it ought to be remembered, that whatever bill may be introduced into parliament, in order to fettL the interefts of the India Proprietors and of the nation, it muft be adapted to the prefent ftate of Indian affairs. The rights of the Company, if they are to be vefbed with a new Charter, muft be defined, and our Afiatic poireffions muft, as far as the nature of them will admit, be incorporated with the Britifli empire. The queftion then will be, what fyftem may be moft proper, not only for the future government of India, but for connefling with its profperity, induce- ments fufBcicnt to call forth the induftry of our artizans and manufacturers, the confidence of our merchants and a liberal fpirit of general commerce ? and not clog- The Public, no doubt, will have difficulties to furmount ia gfj Willi fpc- cuiaiions. folving this queftion, from political fpeculators who may be intercfted in thcdecifionforor againft the continuance of the Charter to the Company ; thefc fpeculators may run into the extremes of reafoning on commerce and on revenue. On the one hand, it will be aflcrted, that the idea of profits from abroad AND TRADE IN THE EAST INDIES. 27 abroad and general trade to India, is chimerical, fince the greateft profpcrity of that trade has been owing, not only to the relation which it bears to the Indian revenues, but to the confidence which the natives, both of India and of China, have long had in the knowledge and commercial honor of the prefcnt India Company ; and that if the trade fliould be open- ed to new focieties or to iiadividuals, the information of nei- ther refpe6ling it, nor their credit would be equal to the un- dertaking. And hence a danger would be incurred not only of reducing the home revenues of cufloms and duties, which the Public are daily receiving from the Company's imports, but of throwing the trade into the hands of foreign and rival European nations. On the other hand, it may be maintained, that though the territorial revenues are great, yet that their value is di- minilTied to the nation, under the pretext of large inci- dental expenfes in the different civil and military efta- blifliments, by mifmanagcment in the purchafe of in- veftments, and the manner of conducing the trade; and that although a furplus is held out, the debts of the Com- pany are flill immenfe and mufl remain fo, till fuch time as the revenues of the Indian provinces become entirely a part of the refources of the Public, and be annually ad- jufled by Parliament. To obviate the imprefllons that may thus be attempted to be made upon the minds of the Pubhc, and to enable E a them IKTROD. 23 OF THE BRITISH GOVERNMENT I\TROD. ' . * Menus al- reaJy poflcfl"- eJ b. the Public for examining ihe fubjcd. tncm to form a jufl: idea on the fubjeft, they have the in- formation, which for a ferics of years has been gradually brought before them, together with the experience of the feveral meafurcs which have been a6lually adopted for the government of India, and of the benefits which have ac- crued to the Nation from the Company's trade. Parliament has employed fuccefTive Committees, as has already been mentioned, to invcftigate the true date of the different branches of our Indian affairs, and the refults, in the form of Reports, have long been open to infpection and examination. His Majefly's Commiffioners for Indian affairs have annually laid before Parliament, accounts of the revenues, expenfes and ftanding debts of the Com- pany : in dating the particulars of which, not only the public documents officially communicated by the Directors, have been refted on, but every information which could be de- rived from the local knowledge of men of ability and in- tegrity has been procured and brought forward. Further in- formation re- quired, to enable the Public to i'ultil its in- tentions re- fpccling In- dia. Notwithstanding the inferences which have been drawn from thefe materials, and the general information they contain, the liberal views of the Britilh nation refpecSt- ing their Indian poffcflions require a variety of particulars to be more minutely enquired into, before it will be poflible to realize the whole into a fyllem. The AND TRADE IN THE EAST INDIES. 29 Tim prevailing opinions rcfpecting the future govern- introd. ment of India and regulation of trade to the Eafl-Indies, feem to meet in the following defcription. — — That a fyflem (hoiild be formed, which fhall pre- ferve as much as poffibly can be done, their inftitutions and laws to the natives of Hindooflan and attemper them with the mild fpirit of the Britilh government : — That this fyftem fliould veil in the (late its jufl rights of fovcreignty over our territorial poffeiTions in India, of fuperintcnding and controling all matters of a financial, civil and military nature : —That it lliould preferve the trade to the Company, in all its branches, but give to the executive government a proper authority to regulate their proceedings, bounded by a pofitive refponfibility to Parliament. In order to facilitate the accomplilTiment of thefe impor- tant purpofcs, it may be proper fhortly to ftate the leading fafts and events in the hiftory of the countries in which the Britilh fettlements in India have been eftablhhcd, together with the principal occurrences which have taken place in the countries connedted with the Company's trade to the Eaft-Indies and to fubjoin to the whole a fuccincSl view of the changes which the trade of the Eaft-India Company has experienced. The OF THE BRITISH GOVERNMENT INTROn. ' — . — ' The leading events ill the hillor)' of Hinduoilun. The tuft of thcfc fubjciSls will bring forward the real fcenes in which we have been engaged, whether in arms, in politics, or in trade ; — the fccond, thofe in which we have been engaged in trade only, — while the laft will lay open the progrclhve fituation of the greateft trading aflbciation in the world. Upon fuch foundations the Public will be enabled to examine the plans, which have been at different times under confideration, for the government and regula- tion of the Britifli intcrcfts in the Eaft, and to compare them with the fyftem afterwards to be fubmitted to their candor and judgment. Two leading events will explain to us the chronology of India, in the prefent relation which that country bears to Great Britain, viz. The fall of the Mogul Empire; The Company becoming one of the powers that arofe out of its ruins; and, poflcfling, for upwards of thirty years, pro- vinces yielding a revenue fubfcrvient to the purchafe of inveftments for carrying on their trade. The Peninfula of India was, anciently divided among a number of independent fovereigns or ftates. The inhabi- tants, at that time, were in the ftage of civilization, when wars are undertaken for plunder, — not with the object of making permanent conquefts. The natural indolence of the Hindoos, and the fuperftitious prejudices by which they have been guided, have rendered them an eafy prey to a fucceflion of invaders. The firft inroads of the Moguls were temporary ;— by degrees, they fixed their power, and s became AND TRADE IN THE EAST INDIES. 31 became fovereigns. The eftabllfhment of their empire was introd. owing to the accidental talents and fuccefs of a few ambi- tious and able leaders, who reduced many of the Soubahs to the ftate of conquered provinces. The means by which thefe diftritSls were fubdued, as well as kept in fubje<5lion were arms, attended with the vicious propenfity of promulgating a barbarous fuperflition, and with the relentlefs fury of perfecution. When the Mogul Empire was at lafl: eftablilTied, thefe calamities, inftead of terminating, were again preparing to break out, and with greater horrors. There was no right of fucceflion among the fons of an Emperor, but that of one of them poflefling fuperior talents^ for war and political in- trigue. He flopped only, with the murder or imprifonment of all, who had, or could have been his rivals: fcarcely, however, was he feated on the throne, when the fame tra- gical fcenes were to be a6led anew. His Tons, as they rofe to manhood, were to become commanJcrs of armies and governors of provinces; and then to turn tl:ie force of the one, and the wealth of the other, into inftruments of new rebellion. Hence the Emperor was frequently imprifoned, or murdered, and his family fell before that one of his defcendants, who was the fuccefsful ufurper. AuRUNGZEBE, was the lafl of the great Mogul monarchs. Adventurers, who had been firfl Haves, or foldiers of for- tune, and then governors of provinces, raifed armies and made 32 OF THE BRITISH GOVERNMENT IXTROD. made themfelves independent princes : became rivals to each other, and in the end, called in the Perfian and Tar- t?ar plunderers, overturned the power of their Sovereign, and were thcml'clves, in fucceffion, dethroned, afTaflinated, and fuccccdcd by their murderers. By thefe caufes the unwieldly Empire of the Moguls fell; and Hindooftan, reduced by perpetual civil wars, to per- petual miferics, prefented only a Icene of political anarchy In viewing India, from the fall of the Mogul Empire to the eftablilhment of the territorial power of Great-Britain in the Eaft ; events only, which, after fuch a revolution, might naturally have been expected, will be found to have taken place, unlefs it was the fingular one, of a commercial Company, having become a fovereign power. The fitu- ation, however, of the ufurpers in the different provinces, opens to view the fources of this political wonder. These new Sovereigns, or their families, continued to reign wdiiie talents and resources continued to them, or till fome new adventurer found opportunities and means to dethrone them. But the name of the Emperor was ftill in the defcendants oiJiinur, and their unavailing phir- maunds were given to thole who could purchafe or com- mand them. Many of the new ufurpers either had real or forged phirmaunds ; for the Mahomcdan inhabitants flill retained * that AND TRADE IN THE EAST INDIES. thatveneration for the name and authority of the Mogul introd. which prejudices had taught them, and which arms found it difficult to cxtinguiili. Amid thefe revolutions, the defcendants of the ancient Hindoos retained, and had, from fufferings, as well as re- ligious prejudices, a deep rooted hatred againft the Moguls. They had, even during the vigor of the Mogul Empire, aficrted degrees of their power, particularly in the pro- vinces of Moultan, the feat of the Rajpoots; and, in the inacceflible parts of the Peninfula. They now began to entertain the hope of recovering their independence, if not of expelling the conquerors. Under thefe circum- ftances the Mahrattah empire was formed. The enterpriz- ing fpirit of Sevajee, and of his immediate fucceflbrs, in a fliort time extended it over almoft half the Peninfula. The feeds, how^ever, of new civil wars grew up with their fove- reignty ; for the officers of the firft Mahrattah Rajahs reduced the authority of their defcendants to merely a name, which the prejudices of that people might revere, but which was rendered as inefficient, as the power of the Mogul had now become. It was in this fituation of the Indian nations, that the Eu- ropean Commercial Companies found their fadories or feats of trade threatened with ruin, about the middle of the prefent century ; fome of thefe fa61ories they had obtained from the Moguls, before the fall of their empire : others, from the firft ufurpers of the Mogul power. Prefents and new tributes F w^ere .u OF THE BRITISH (GOVERNMENT iN'TROu. wcicnow to be alnioft daily repeated, to every new ufurper whole armies required I'upplics, or whofe power could levy contributions. The force, which had been kept up to "■uard the failTiories, was of neccflity encreafed. In num- bers it was infignificant, but in military fkill, it was fuperior to the native foldicrs. France, on the Coromandel coaft, was the European nation which firft faw the impoi tant and valuable acqui- fitions that might be made by the fuperiority of the Euro- pean military art, and therefore, began to encreafe its force at Pondicherry. That nation fcarcely had difcerned this obje6l, when it became a matter of aflonillimcnt that fuch a prize had fo long been unnoticed. After a train of intrigues, and after fome accidental advantages gained over the numerous armies of the country powers, the French obtained from them fcveral valuable diftridts, the re- venues of which defrayed the charges of their European army. They next levied a few battalions of natives, to be difciplined in the European art of war, commanded by Eu- ropean oflicers, and fupported by revenues from their con- quefts. This meafurc foon gave a decided fuperiority to their Allies. France thus was admitted to rcprefcnt a branch of the Mogul empire; and, in a fliort time, became an Indian Sovereignty. Had the French, at this period, found no opponent but the native ftates and princes, the fuperiority of the European military difcipline would have led them to the fudden ac- quifition AND TRADE IN THE EAST INDIES. .o qulfition of an empire in the Eaft. Great Britain had, iNTRoa however, at this important crifis in Indian affairs, troops in all its fettlements, nearly equal in number to thofe of France, and commanded by officers, whofe abilities in the field, and talents for political adventure, may have fometimes been equalled, but feldom excelled. Thefe officers now faw the line the rival nation of their country had taken, and made the India Company fully fenfible, that, the_ac- quifition of territory was but one of the fchemes of France, another, and the principal, was the expulfion of the Englilli. The two nations therefore engaged in the purfuit of the fame objedf ; and both faw, that the fecurity of their trade depended on the fuperiority they might obtain in the fields ■of Indian wars and politics. The armies of Great Britain prevailed, and at the conclufion of the memorable war in 1763, the French power was narrowed to the ancient feats of their trade, while Britain, whether viewed as one of the many ufurpers in India, or as having made lawful and honourable conquefls, found itfelf polTelTed of the prin- cipal feats of its prefent empire in the Peninfula. In viewing India from the eftablifhment of the power of Great Britain, to the prefent time, a very different fcene prefents itfelf. The Eafl-India Company, which hitherto could only be con- fidered as merchants, with the requifite authority over their fervants, who were ftationed at their feveral factories, now be- F 2 came 56 OF THE BRITISH GOVERNMENT INTROD. came the delegated Governors of rich provinces. Com- "^ ' rnanJins; an army, equally well app.)inted and as numerous as that of the mcther country, empowered too to form alliances in India, provided they ihould not be inconfiftent ^vIch thole which Britain had contracted with the Eu- ropean nations having interefl jn the Eaft, and pofTefling from thclc circumftanccs a patronage rich and extenfive, they became, in fact, a fovercign power, amenable only to the ftacc, by which they haJ been conftituted and were protected. Th-is power, the Company had neither been habituated to feel, nor trained to exercife. The narrow fyftem, which, was fitted for the management of their fa6tories, was by- no means calculated for the government of rich and exten- five kingdoms. The temptations held out to their firft Go- vernors and Oificcrs, to intrigue and make war in India, were irrefiftible ; and the rewards which they obtained from thcfe fchemes and wars were princely. Hence, the general bent to bring about revolutions, to become the ally of a country ix)wcr, and to obtain a part of the territories, or tributes of its opponent. And hence the political em- barraflmcnts in which fuch fchemes plunged the affairs of the Company, as well as the meafurcs of the (late. The Indian powers, who had experienced the fupei iority of the European difciplinc, were now determined to copy it. Men of talents always appear amid the ftruggles of nations. Hydcr Ally, a loldier of fortune, and the ISIahrattah Chiefs, in AND TRADE IN THE EAST INDIES. iii a lefler degree, began to adopt the European art of war. From local fitLiation and from fineile in charaaer, they fooii became our rivals in arms and in pcjlitics. The former, like another Hannibal, was determined to extirpate the new maf- tersof theludian world; and the latter, who had war fof their national lefource, wilhed equally to crulh *tiis ufurper and the fli angers. It was natural for France to take meafurcs for recovering its power in the Eafl: ; and by intrigues and military aivls to fecond the efforts of the Indian enemies of the Englilh. Scarcely had the peace 1763 been proclaimed in Indin, when the agents of France again wrought themfelves into influence with Hyder Ally and with the Mahrattahs. This ambitious court, though it could not yet fee the immediate means, by which it was to rekindle a war in India, yet was decilive in its choice of the inflruments to be employed in it. Hydcr Ally, feconded by his fon, was forming the jilan of becoming Nabob of the Carnatic, and negotiated with the French for afliftance to fecure to him a fovereignty, in which, he flattered them, they were to participate. The train of negotiations and of wars which followed, were un- favorable to the Engliih interefts-, and in the imprcflions which the iflfue of them made upon the native powers of India, we di:covcr the iources of the general combination, which they lormed, in connection with Fr,.nce, for extir- pating the Engliih from the Peninlula. The war and the negotiations which foUov/cd, though chequered with ^ mif- INTROD. , » r i ' ^'^^3a -8 OF THE BRITISH GOVERNMENT iN'iROi>. niisfoi tunes, yet ultimately left us in poflelFion of our domi- nions, loaded, indeed, with a large debt and divided by jiarties in each of the Prcfulencics, but under circumftances, which called for tlie interference of I'arliament, and that led to an arrangement of Indian affairs, to which pofterity will look back, with approbation. The idea that the Indians, anterior to the cftablilhment of the Britiih power, had lived in that golden age, in which Nature fpontaneoufly dropped her (lore into the hands of the innocent defencclcis natives, is not lefs fa- bulous than that all their miferies have arifen from the ■wars, opjucflions and cruelties of the Englilli. This pre- judice is contradicted by fatls, which evince, that the provinces acquired by Great Britain and the territories of its allies have enjoyed a profpcrity formerly unknown in Hindoollan. The hiftory of that country proves that the Mogul empire was founded on violence and perfecution ; that the fpirit of its government was abfolute and oppref- iive, from its rife to the period of its fall; that the de- grees of its inftitutions which continued in pradlice among the new fovcreignties that fprung up out of its ruins, had an equally oppreflive tendency ; that the tranlmigration of its effence into the adminiftration of the independent Hin- doo foVereignties, corrupted their ancient purity and free- dom ; that the portion of its policy introduced by the con- querors of the Britiih Indian provinces, was a meafure diftatcd by a new and unknown fituation : that, in fine, the gradual manner in which it has been moulded down into ANDTRADE IN THE EAST INDIES. 39 into a milder fyftem under the Britilh government, laws in^TROD. and police, is to be afcribed to the character of a fiee> though conquering people. The whole of thefe particulars taken into one broad view, will prepare the Public to judge of the queftion, " How far th fpirit of our government, " laws and ufages can be engrafted on Afiatic inftitu- " tions?" In the next place, in giving a view of plans which have Of China and been propoled for the regulation of our Afiatic interefts, iiiandsr' '^ we mufl refer to the Political and Commercial Hiftory of China, and of the Eaftern Iflands. But in this branch of the fubje6l, we are not, as yet, pofTcfTed of adequate documents or evidence. Neither China nor the illands ori its coafts, to which the Company's limits extend, are, after all our commercial intercourfe with them,, fufHciently known to us. The materials for a Hiftory of China are flill dejiderata in the annals of nations. We know little more of this fingular people, than what the mutilated re- ports of mifllonaries and voyagers furnilli. The records of the Company's conne6lions with China, in few inftanccs, go beyond the accounts of their {hipping, profits and lofles of trade. The embaffies of the Mogul and of the Per- fian monarchs which have been fent to China for the pur- pofe of opening a political and commercial communication with that empire, have proved as unfucCefsful In their r.e- gociations, as ihofe from the European commercial ftates have been unfortunate. When, indeed, it is confidcred, that the vicinity of the Mogul empire to China rendered . ' cautioa 40 OF THE BRITISH GOVERNMENT iSTRon. caution a ncccfTarv principle with tlie Chincfe, and that the bullion anJ exports of the European nations placed them in the inferior rank of merchants, though able, from their naval power, to diftrefs the coafls and ihipping of China, ■we Icarcely can be furprifed, that this I'ecluded nation, con. fcious, perhaps, of the fuperiority of the Grangers, em- braced the narrow policy of prohibiting them from an eafy, or an open intercourfc in their country. It was not till Great Britain found it expedient, in con- fequcnce of the enlarged trade to China, to open a more extenfive commerce from its Afiatic dominions to that empire, that it projedled the plan of a political com- munication with China. The fituation and refources of that country, made the Company and the executive power equally anxious to try, whether it was pra6licable to open new markets for Britilh produce in the interior of it, or to obtain imports from it on cafier and more liberal terms. The death of the firft honourable conductor of this fchemc cut off the profpedt, for a time ; but the progrcfTive fpirit of our improvements has again pointed out the propriety of the fame experiment to the nation. Till the refult Ihall be known, we muft limit our obfervations on the plans for the China trade, to what the experience of the Eaft_ India Company can afford us. Should the prefent effort lucceed, we may then hope to unfold the nature of the Chincfe government and commercial refources, and be able to decide how far that country may become a field, in which the AND TRADE IN THE EAST INDIES. 41 the commercial induftry of the Britifli nation can reap its Jntr od. reward. If we are better informed refpe6ling the Eaftern iflands conne<5lcd with China, in confequence of our own and the intercourfe of the Dutch with them ; and if fince the pafling of the commutation a6t, we have acquired the greateft part of the trade between Europe and China ; yet ftill we are to learn what is the political and com- mercial relation fubfifting between thefe iflands and China, and, of courfe, what the value of both may be in our Afiatic concerns. In bringing forward, therefore, this branch of a plan, for the regulation of the trade to the Eaft-Indies, we muft proceed on the Company's Records alone, till the evidence fhall be obtained upon which a fyftem for it can be rendered more perfe6t. In the third place, we mult, in examining former fchemes, pf, the Rail- ^ ' - ^ ' India Com- and in fuggefl:ing a plan for the future management or pany; Indian affairs, refer to the leading events in the hiflory of the Eafl:-India Company, in order to form practicable regulations for the continuance and improvement of our trade. The Company affumed different afpe6ts at dif- ferent periods. Our firft traders to the Eaft-Indies were only an affociation of adventurers, each depending for his credit upon his own Itoclc. From the ftrugglc which they had to maintain againft the other European com- panies, they were foon obliged to combine the ftocks of individuals to fupport their credit as a Company. G Scarcely 42 OF THE BRITISH GOVERNMENT iNTRon. Scarcely had tliis effort been maJc, when they were em- bar raffed by opponents at home, more dangerous thanthofe abroad againfl whom they had united. Licences were granted by the Crown to individuals, and a new affo- ciation was authorized to trade within the London Com- pany's limits. At length, after a variety of political and legal difcuffions, the important event of the union of the two Engl ilh Companies took place. From this period the commerce of Great ]5ritain to the Eaft-Indies, was con- duclcd on nearly the fame footing with that of the Dutch ; that is, exporting treafure and manufa6tured pro- duce, and importing, either dire6lly from India or China, or circuitoufly from the former and the latter country, Afiatic produce for the Europe market. The dominions which the Company afterwards acquired, in India, arofe not from any defire of conqueft, but from the neccfiity their fervants were under of oppofing the fchemes of France. The rendering the revenues of thofe territories fubfcrvient to inveflments was a neceffary confequence of the acquifitions being made by a commercial Company, and of the diftance of the Indian provinces from the feat of government. From this jundure the fcene becomes new, equally to the hiflorian and to the ceconomift ; to the hiflorian if he is to explain the political fituation of the provinces from which a- revenue was drawn that was to purchafe the inveflment for China or for Eu- rope ; to the oeconomifl, if he is to examine the pro- greffive effedts of this new fyftem of trade upon our manufactures and domeflic credit. 4 IX AND TRADE IN THE EAST INDIES. 43 It could not be expected cither that the Public or the INTROD. Legiflature, or even that the Company who managed this concern, could, at once, become judges of the extent of it. All men of oblcrvation were fatisfied, that nothing: more than experiment and regulation were pra6licable. The Company leaned on the protection of the ftate, and the flate as it gave this protedion gradually found it ne- celTary to place Indian affairs under the control of the executive power, fubje6t to the review of Parliament. In this way alone the Legiflature (if we decide from expe- rience) can render the Afiatic dominions and trade of Great Britain to the Eaft, efficient branches of the Em- pire and of its refources. In the laft place, the Public have not yet been in- Hlflon- of the formed of the plans which, from time to time, have been h!f,"cbecu^ devifed and recommended for the better [rovernment of fo'''"<^J *"<"• •-' the govcrn- our Afiatic dominions, and regulation of our trade to ment of bH- the Eaft-lndies. Before the acquifition of our territories, trade" to 'the the plan of condu6ting the Eafl India trade was uniform E^^^"'^'"' all over Europe. Facftories, with a guard to protect them, and a marine to ferve as convoys to trading vcfTels, or to balance the naval efforts of the native or European powers, conftituted the foreign fyltem. The domefbic iyftem was merely commercial, and a fubje6t only of parliamentary obfervation, in fo far as it contributed to the revenues or exigencies of the ftate. After, how- ever, the Englifli Company had obtained the delegated ibvereignty of rich provinces in the center of India and G 2 on 44 OF THE BRITISH GOVERNMENT IN'TKOD."' on the Coromandcl coafl, and while it was grafjMng at finiilar poflcffions on the Weft of the Pcninfula, its fer- vants, who had contributed to this aggrandizement of their country, naturally began to fuggeft plans to their fupe- riors for the government of thofe dominions and the en- largement of their trade. Thcfc plans, at firft, proceeded from the local knowledge of individuals; by degrees they were extended and reafoned upon by men of (peculation in Britain : at lafl: they came to be fubjccls of difculTion in Parliament, and finally the fubjecl of a Bill of Re- gulation, by which Indian affairs were placed under the control of the Executive Power. Since that period the foundations of them have been more minutely examined by evidence, collcdled from the local information of in- dividuals, refpecling the political fituation of India, the fources of its trade, and the practicable means of improving its revenues. Rcfcrencej to thcfc fources of in- formation, the object of this work, and a proper lounJ:uion for a (yllcm of Indian af- fairs. The review of thefc plans feems to be the proper foundation upon which to reft a fyftem for the future go- vernment of our Afiatic dominions and trade to the Eaft- Indies, and will become the firft obje6l of this work. It will lead forward to the fecond, or to the outlines of a plan for thefe national fubjcct", drawn from the re- cords of the Company, and from the archives of the ftfttc. In this \\iay we may be able to dcvelope, from the Hiftory of India and of our commercial conne6tion with China, not only the fyftem of government and of trade which our pofTeflions will admit of, but the 5 mode AND TRADE IN THE EAST INDIES. 45 mode of engrafting a foreign dependency on the Britifli IKTROD. conftitution. By fuch an explanation of the plans for Indian affairs, plaufible or impra6ticable fchemes may be checked, and the attention of the Pubhc fixed on . the only foundations upon which a fyflem for India affairs feems to reft. With this preparatory information, the Public will be afhfted in examining and deciding upon the greateft queftion, in commercial and political oecono- my, that has occurred in the annals of civil fociety. 4 HISTORICAL VIEW OF PLANS, FOR THE GOVERNMENT AND TRADE OF BRITISH I N D I A, &c. P x\ R T I. HISTORICAL VIEW OF THE PLANS WHICH HAVE BEEN OFFERED FOR THE GOVERNMENT OF THE ASIATIC TERRITORIES OF GREAT BRITAIN, AND REGULATION OF TRADE TO THE EAST-INDIES; WITH THE POLITICAL AND COMMERCIAL PRINCIPLES WHICH SEEM NECESSARY TO BE RECOLLECTED IN FORMING A PLAN FOR THE FUTURE ADMINISTRATION OF INDIAN AFFAIRS CHAP. I. REVIEW OF THE PLANS WHICH WERE SUGGESTED FOR THE GvOVERNMENT OF THE ASIATIC TERRITORIES OF GREAT BRITAIN, AND REGULATION OF TRADE TO THE EAST- INDIES, PREVIOUS TO THE ESTABLISHMENT OF THE BOARD OF COMMISSIONERS FOR THE AFFAIRS OF INDIA. CONTENTS. General ^cjlion refpetlhig the Go'vernment of India, and Trade to the Eajt-Tudies ', — Difficulties and Prejudices arifmg from the Novelty of the Subject ; — progrejfive Views of it taken by the Public ; — general Objects of the frft PLms re- fpecting it. — Reajonings of the Company upon thfe Plans;— ' of the La\v}'ers ; — of the Political Oeconomifts. — General Source of thefe Plans. — The Plan of Lord Clive, the firfi and tnofl interejling of them. — His Ideas rejpeciing the Caufes of the Anarchy which prevailed in the Britifj Pofficjfions in the TLaji. — ^efion, arifng out of his Examination of them. — His Notion of the Home Syflem for Indian Ji fairs. — His Notion of the 4S OF THE BRITISH GOVE PvNMENT il-e Foreign Syjiem for Indian Affairs. — His Reafons for re- commending thefe Syjlems \—for increajing the Stock and fixing the Dividends on it ;—foT recruiting the Army,— for efa- hliping a Naval Force in India^ equal to the Defence of our Ut t lenient s ', — Political Meafures of the French in India. His Idea of fccuring to Great Britain, the Balance of Power in India. — His Opinion on the Lnprovements competent in the Judicial Power — Inferences from this revieiv of Lord dive's Plans, — refpecling the Revenues and Trade, — refpeSliiig the Peculations, l£c. in India; — refpecling the Refources and the Alliances required for the Company, — refpeEling a Naval Force in India \-^refpecting the Military Power in India; — refpecting a Judicial Power in India. — I^he Defects in the Home Syfem of Indian Affairs, the Source of Corruption in the foreign Adminflration of them ; and this, in its Turn, the Source of the numerous and oppofite Plans for 7iew model- ling and improving the Whole — Thefe Plans reduced to the Form of a Digefi, by Mr. hijid; and the Subflance of them fated under a Succejfion of ^tefions. i . Sluejlions, — Upon what Political Principles can the Indian Provinces be held by Great Britain ? — Opinion of Mr. Francis. — Opinion of Mr. Chambers. — Objections to this lafi Opinion, by Mr. Francis. — Opinion of Sir Elijah Impey. Remarks of Mr. Lind AND TRADE IN THE EAST INDIES. Lind upon the J J ''hole of thefe Opinions. 2. ^lejiion, — In whom is to be vefted the executive Power in India ? — Opinion of Mr. Chambers. — Opinion of Sir John Clwcering. — Remarks by Mr. Lind upon thefe Opinio7is. 3. ^ejlion. Un- der what Relhictions is the Power of fubordinate Legiflation to be exercifed? Opinion of Air. Chambers; —Opinion of Mr. Hafings ; — Opinion of Sir Elijah Impey ; — Mr. hind's Obfervations on thefe Opinions. 4. ^cflion^ Under what Title, and in what Manner ought the Ter- ritorial Revenues to be collc6led ? Hiftorical Fa^s upon which Air. Francis and General Clavering formed their Opinions ; — Remedies propofed by them ; — Opinion of Air. Hajlings ; — Obfervations of Air. Francis on it ; — Obfervations of Mr. Lind on the Whole. 5. ^eflioti. How are the other Revenues to be collected ? Opinion of Mr. Ha!iings\ — Ob- jedlion to it, by Sir John Clavering ; — State of Alonopolies in the Bengal Provinces at this Time ; — Air. Lind's Remarks on fhis Subject. 6. Sluefiion, By what Courts ought the Judi- cial Power to be admlniftcred in the Britilh Provinces in India ? Opinions of Mr. Hafings and of Air. Barwell ; — Opinions of Mr. Francis and of General Clavering ; — Air. Hafings\ SyHem of Civil Jurifdiclion, founded on his Plan of Government of 1772 ; — his Syfem of Criminal JurifdiSlion on the fame Bafis ; — of Police for Calcutta ; — Improvements on both propofed by Sir Elijah Impey ; — his attempt to reconcile thefe Sj,fems to each other ; — oppofte Syjlems of Sir John Clavering, Air. Francis, and Colofiel Alonfon ; — Opinion of Mr. Lind, on the Whole of thefe Syfems of Jurifdiclion and of Government. Principles upon which Mr. Hafings and Air. Barivell formed their Plans H of 49 OF THE BRITISH GOVERNMENT of Government and Jurifiii^ion ; — Sir Elijah Impeys Bill founded on them \ — Inferences fuggeded by the IVhole of theft Opinions and Syjlenis ; — tending to fix our Notions of the Govern- ment ftti ted to Brilif) India ; — tending to fix our Notions re- fpecling the Rights of Great Britain to its Afiatic Provinces \ — tending to fi< the Kind of Jurifdiction required in them. Air. Dundas's Bill, propofed in 1783. — 'The part of it which regarded the Syfiem of Government fuited to our Poffejfions in India ; — the part of it which rciy.rded the Situation in which the Natives were to be placed under the Britifj Government ; — the part of it which regarded the immediate Settlement of the reciprocal Claims of the Company and of the Native Powers, on each other : — general Tendency of this propofed Bill. Mr. Fox's Bills propofed in 1783. — His propofition which regarded the Ar- rangement of the Domefiic Affairs of the Company ; — Objections made by the Eafi- India Company againfl its pajjing into a Law ; — His Propofition ^vhich regarded the Arrangement of the Foreign Affairs of the Company ; — Objedlions made by the Eafi- India Company againfl its pafiing into a Law\ — F^ffect of thefe Objections upon the public Opinion. Mr. Pitt's Bill propofed in 1784. Objections made againfl its paffing into a Law ; — Anfwers made to them ; — Effect of the IVhole on the public Opinion, AFTER ANDTRADEINTHEEASTINDIES. 51 CHAP. I. N . • jf\. F T E R the Eafl-India Company had become delegated fovereiirns in Hindooftan, their traniadlions, in this new ^ ° _ _ General que- charadler, were made fubjccls of parliamentary attention iVion rcipca- and enquiry, and the queftion prefented itfelf to the Public, veniment of Upon %vhat plan ought the BritiJJj pojfelJions in India and trade to ,,'.jde'tu'tiie the Eaji- Indies to be condu5ledf E^ft-Indies. The novelty of the event of a Company of merchants ad- Difficulties miniflering the political and financial interefts of rich and dices'^anii'ng extenfive provinces, and of being vefted with a portion of the ^1°^, ol"the°" executive power of the ftate, was a circumflance, in itfelf, f^bjca. fufficient to render any anfwers, which could at that time be given, vague and unfatisfaclory. The hiflory of Hindooftan, in which the provinces were fituated, was, at this juncture, new to the moft intelligent of the Company's fervants. In England, little more of it was known than the Names of a few of the late Emperors, or thofe of the ufurpers, who were erroneoufly confidered to be native Princes, with ri^^hts, which had defcended to them from the moft remote anti- quity. The hiftory of the Eaft-India Company was, al- moft, as little known, as that of the countries to which their fliips had reforted : — the Public had been attentive only to the fums which they could pay on the renewal of H 2 t heir 52 OF THE BRITISH GOVERNMENT CHAP, i.^ their exclufive privileges ; or to the duties, which their trade had yielded, as one of the national refources. All men, however, were flruck with the magnitude of their acquifitions, and thofc who beheld, only, the great for- tunes, which their fervants brought to Europe, comparing them with their own narrow pofleflions, liftened with pre- judice and credulity to the magnified accounts, which were publilhcd of their injufticc, violence, and depredations. Though the Englifli nation may fometimes be deceived, and, from the love of Juflice by which it is diftinguilhed, be too hafly in vindicating its national honor ; a little time foon brings forward facts and events, to its notice, and, upon them, it uniformly has decided, with dilcernment and with equity. Progreffivc In no inflauce has this national chara6ler been more taken by 'the ^""'^^y iHuftfatcd than in the opinions which have been Pubiu:. formed, fliiftcd from, and new modelled upon the fubje6t of Indian affairs. At firft, the Public called for the pu- nifliment of Indian delinquents, but ftarted back from the infliction of it, till evidence could be obtained. It then called for plans of regulation ; but foon difcovered, that unlefs the rule was adapted to the cafe, the wifdom, or apparent comprchenfivencfs of it wrs of no value. It next liftened to fpeculations on the good and bad eftccls of cxclufive privileges of trade ; but, after examining them, difcovered that the authors had been reafoning about a few fafts, in ftead of coUeding the evidence from which a folid judgment upon the fubjeft could be deduced. The ANDTRADEINTHEEASTINDIES. 53 The general review of the hiftory of India, and of the CHAP. i. Eaft-India Company, with which this work has been in- troduced, is fufficient to fhew the gradual manner in which opinions upon this great national fubjc6l have been formed, and to put the Public on their guard againft adopting ralh or improvident fchemes in the future regulation of it. In order to fimplify the fubject of Indian affairs, it Genevafob- will be of advantage to confider the plans and opinions plans refpedl. which have been propofed or recommended for the '"^"' management of them, both by referring to the fpecific objects of each plan and fcheme, and to the chronological fucceffion in which they have been fubmitted to the Pub- lic, or to the executive Power. The two great objects of confideration in the mofl early period of the enquiry were, — The rights of the Company, and the rights of the State. The proprietors and fervants of the Company naturally reafoned with a view to efta- bliili the former ; the lawyers and political osconomiRs, to afcertain the latter. The Company reafoned, that the territories were an ac- Rdfonings ceflbryto their trade; that they had an exclufive right to pany^upoT them, during the term of their Charter ; that the irregu- ^'"'^'^ i'^""S' larities which had prevailed among their fervants, in IndJ;i» were nothing more than what the fuddcnnei's of the con- quefl:, and the want of a fyftem for governing the pro- vinces 54 OF THE BRITISH GOVERNMENT CHAP. I. vinccs had produced ; that witli time and experience, and further powers from the (tare, thcle evils would be re- medied ; and that the Company had a right to expect, from tlie Hate, further powers t > goveru a country which they had added to the Britilh empire. —of the The Lawyers, in general, on the other hand, argued, that when Subjects accpne territories in a war, they acquire them for the ftate ; that to fuppofe our Indian pofleflions to be an ^cc<^ory of the trade, \^as reafoning from the principles of municipal law on a cafe that could only be examined on thofe of the law of nations ; and that even fuppofing the right of the Company to the produce of their territories to be a perfe6t one, flill the confcquence could not be, that the ftate was not to interfere in the adminiftration of a dependency of the empire. Oppofite pofitions to thefe were laid down by the Lawyers of the Company ; who held, that the territories having been acquired under the Charter giving an exclufive privilege, belonged to the Company. The only inference which can be drawn from the perufal of thefe voluminous difputes is, that the event has given the right of adminiftration to the ftate, and left the territories to the Comj)any, with the charges of maintaining them during the period of their exclufive privilege. r.fthc oUti- '^"^' rcafonings of the political oeconomifts, tended, ge- r;>i cctuno- nerally, to cllablilh the right of the ftate to participate in the profits of our Indian pofTefllons, and the propriety or impropriety of continuing the exclufive privileges of the Com- t AND TRADE IN THE EAST INDIES. 55 Company. Two circumftances, at this jun6lui"e, render the chap, i.^ reafonings of this clafs of writers uninterefting to us. hi the firfl: place, the queftion is not now, whether the Public have a right to difpofe of theur Indian poflcfTions and trade ^ but whether it will be expedient to continue the exclufive privilege to the Company, or not. In the fecond place, the reafonings themfelves are fo warped with the prejudices of the times in which they were offered, that to bring them forward to notice now, would tend only to revive an un- neceflary and ufclefs difcuffion. While Parliament were employed in enquiries into the General adual ftate of the Britilh interefts in the Eaft-Indies, a va- JZ'""^'^'*^ riety of plans were brought forward and fubmitted to the confideration of Government. Some of them came from the fervants of the Company who had been a6live in ac- quiring our Afiatic pofTeffions ; others of them were fug- gefled by men of political knowledge, in Europe, with the objcdt rather of difcuffmg particular points, than of eftablilliing a general fyflem. The following plan has been afcrlbed to Lord Clive ; The plan of and the review of it will afford fatisfa^toiy information of the' firit'a^'d the prevailinc: opinions, at the time when Parliament were f"°^ inteiciu . , : . . . ing of them. carrying on their enquiries to difcover the value of our In- dian poffeffions, and when they were deliberating M'hether this, diftinguillied conqueror was to receive the ccnfures or the thanks of his country*. *■ This Mitnufcript is dated the 24th of November, 1772. 3 His- 56 OF THE BRITISH COVER >:ME NT CHAP. I. His Lordfliip fcts out with obferving, that the fituation of His idcns ic- thc Eaft-lndia Company's afFau's, had become fo involved, as fomcc^oi'lhe ^° ^""^^^ awakened the attention of the miniftcis of the aniirchy Kiurr excitcd fear and defnondency in thc Proprietors and ubich pre- . ^ ' . ■' ^ vaiicJ in thc DirecStors, and a general alarm in the Public. The whole iHit.sin'thc ' diftrcfs, however, he confiders to have arifen from the ^'''^' improvident participation of the Duannce revenues between the Public and the Company. With the view of illuflrating this fource of confufion, he compares the ftate of the Com- pany before they became pofielTcd of the territories in India, with what it was in 1772. The refult of the comparifon, his Lordfliip concludes, would be thc cftablilhment of the following fadts : I ft. That from their not having a place of fecurity in In- dia, and a military force not exceeding one thoufand Euro- peans, the civil fervants of the Company, including thofe who had licences to remain in India, were encreafed to about two thoufand ; the mihtary fervants (black and white) about fixty-five thoufand, of which number nearly ten thoufand were Europeans. That the Britilli pofTeflions were more extenfive than the kingdoms of France and Spain united ; that the inhabitants, who might be termed Britilh fubje6ls, amounted to about twenty millions; and the revenue was little Iliort of fix millions ftcrling. 2d. That thc qualification to vote, w^as then* too fmall, being only ^500 flock. That exertions had been made by the Dircclors, beyond their a6lual wealth, to purchafe votes. That thc fervants of the Company had often re- turned 6 * Th.1t is, in 177^. 11 AND TRADE IN THE EAST INDIES. 57 turned with fortunes, to obtain protcaion by purchafing CHAP. i. votes in the Court of Proprietors— That thefe votes were at the difpofal of the Directors, Avho, in return, abfolved their fervants from the charges brought againft their condu6t, and fent them back to new places of trufl: in India. 3d. That the principal fervants of the Company abroad, had entruftcd the management of the revenue to junior fervants; who, in their turn, had afligned this duty to black agents : hence general extortion on the one hand, and the fradulent receipt of money on the other. 4th. That the expenfes of fortifications, cantonments, and, indeed, of ev^ry thing which regarded the army, had been abfurdly extravagant. Upon thefe grounds Lord Clive ftated the following ge- Q_ucftion a- neral queflion : Can the Charters which were granted for the !?;'!"1.°^!L°^ guidance of a Umited Company of Merchants, be adequate to the ^'^" "' ''^'^'"• government of an extenfve empire ? After deciding, in the moft pofitivc terms, on the inefficiency of them, he propofcs the following new fyftem for Indian affairs, both at home and abroad. The home fyftem to be as follows : The Dne6lors to be f*" notion of r . , J . . „ ^ the home fv(- twenty-rour in number, and to continue in ottice, ieven, temforiucLn five, or, at leaft, three years ; the falary of the Chairman to be jT. 1560 per annum; that of the Deputy, jT-iooo per annum ; that of each Diredtor, f.yso ; but that no pcrfon, being a member of the Court of Directors, fliould have any other gratification, and (liould be declared incapable of buying or felling India (lock, while holding this truft. The quali- I ficatiou 53 OF THE BRITISH GOVERNMENT CHAP. I. fication of a voter to be ^.i coo ftock held by him, as his on-n property, for fix months. In the event of a vacancy, ia the office of Dire(5lor, it ought to be filled up by the Court. When the general elcdVion of Direflors ihould happen, the Proprietors ou2:ht to chufc a new lett, and not to have the power of continuing any of the former Diredlors in ofiice. The Proprietors ought not to have the power of difmifllng tiny Director, after his firft nomination, without the content of Parliament. His notion of The foreign fyftem Lord Clive recommended to be as fyftera fcH"in. follows : Tlic Court of Dire6tors to have abfolutc power dian affairs, ^^.gj. j-j^cir civil and military fervants abroad. The Court of Proprietors to have a coiitrouling power over the receipts and difburfements at the different prefidencies. The Court of Directors to have the right of forming, from their own num- ber, a fecret committee, confi fling of the Chairman, Deputy Chairman, and three DireiStors, for the adminiftration of political and military affairs only. The Committee of Cor- refpondence to be diminillied, being too numerous to be en- truftcd with the fecrets of adminiftration. The firft nomina- tion of the twenty-four Directors to be in the King or Parli- ament; but all future nominations to be in the Proprietors. The Governor-general of Bengal to have ;/C20,ooo per ann. falary, and alio the expenfes of his table, and enfigns of ho- nor, defrayed. The members of Council to have each ^Ti 0,000 falary, and ^^5°°° P^^ annum for the expenfes of their table, and other incidents. Bengal to be the ftation of the Governor General and Supreme Council, and all orders from it to the other prefidencies and councils to be implicitly obeyed, unlefs countermanded by fpecial orders from the ♦ Court AND TRADE IN THE EAST INDIES. 5^ Court of Directors. The mode of reformation, by temporary fupervifors, (he obferves) having been found inexpedient, the rank of the Governor-general and Supreme Council ought to be fixed, to prevent thefnbordinate Prefidencies from acting with any other object, than for the prefervation of Ben- gal, the center of the Britifh dominions, in India. The commercial affairs, in India, to be placed under a council of eight, in which the Governor-general, or a member of the Supreme Council, ought always to prefide. The fala- ries of this council, as well as of all the civil fervants (writers excepted) and thofe of field-officers, and of fur- geons of the army, to be fettled by fhares in the fait trade only. CHAP. I. Such is the outline of the home and foreign fyftems for In- dian affairs, propofed by Lord Clivc. With the view of re- commending them to the Public, he fubjoins fome very in- terefting remarks on the fubjc6ls, which, at that time, were occupying the attention, both of the Company and of Par- liament. As the fubflance of thefe remarks will throw con- fiderable light on the early flage of our Indian intercfts, they may be digefted in the following order : His realona for recom- mending thefe fyftems. I. The fubfidiug act of parliament* which bound the Forincreaf- Company to pay _^4oo,ooo per annum to the Public, at ^'n j a^"; ^°'^''* the time the propr!ctoi"s were receiving 12,^ per cent, ought the dividend to be repealed. The dividend ought to be lowered to 9 per cent, on the public faith being pledged, that Parliament on It. * Sec yih -.ind otU Ceo. III. 1 Z would 6o OF THE BRITISH GOVERNMENT CHAP. I. would make no claim on the Company fo long as the dividcncl did not exceed 9 per cent. The lowering of the dividend, however, Ihould not be fuch as to bring diftrefs on the Pro- prietors, whofe fortunes might be embarked in India ftock. The Company ought to be allowed to encreafc their flock from ;^3, 200,000 to ^^4, 000, 000, and the fubfcribers to. the new jTSoOjOoo flock to pay jTsoo for every jTioo capital ftock, which they fubfcribed. The dividend, upon this new fubfcription, for the firft year, to be lo per cent, but, after the fir ft year, the new and old ftock to be confoli- dated, and the dividend on the whole to be 9 per cent, which would amount to ^("360,000 per annum. In the fubfcription the prefent ftockholders ought to have the preference, and in proportion to the ftock which they held ; — by this meafure, he concludes, that the Company would always be able to pay a dividend of 9 per cent, and that a furplus would always accrue, both from the trade and from the revenue, one-third of which ought to be ap- plied to difcharge the debts of the Company, and two-thirds ought to be paid to Government. With the view of fecuring this laft obje6l, it might be proper, he adds, that two Directors ftiould be nominated by the King, and that they ftiould be members of all committees at the In- dia-houfe, but precluded from filling any of the chairs. This, on the one hand, (Lord Clive thought) would pre- vent abufes in the executive Government ; and on the other, would be more conftitutional than the appointment of a controuling power on the part of the State. 2. That AND TRADE IN THE EAST INDIES. 6r 2. That there ought to be a regiment of the Company, flationed in England, by the authority of an a6l of parha- ment ; — drafts both of officers and of men might be made from it, as the fervice required. This eflabhlhmcnt his Lord- fliip had recommended fo early as 1 764, but the bill intro- duced into Parliament for that purpole, was rejected in 1770. Such a corps, he thought, would always afford drafts to fill up a garrilon of 600 men for Bombay, a ftation of the ntmofl importance to the Britiili iTiipping. Had the French, he fays, poflcflcd a retreat for their fhips, in the war 1756, the ruin of their intcrefls in India might have been averted > he concludes, 'that Bombay would be the place the moft open to an attack, if ever France fliould again attempt to- acquire a fuperiority by fea, in the Eaft-Indies. CHAP. I. For recruit- ing the mniy ; — merits. 3. Two-thirds of the Company's fliips fliould be able to for eftabiifh- carry 70 guns each, or be armJe enjiute', by this meafure they '"s^ naval would be able to oppofe any fudden attack made by the "^i^. equal to French, and to defend our fettlements till a reinforcement of our fettle- fliould come from England. Three fail of the line affiftcd by eight of tlie French Company's fliips, withftood the at- tack of Sir George Pocock, with nine fail of the Britifli line. Thefe 70 gun fliips would be the niofl: proper for convey- ing men and military flores upon any expedition ; they would be fufficicntly flrong to take under their convoy the remaining third, which ought to be continued of the pre- fent fizc, as fit for the riv^r Hooghly. Should we, at any time, fays he, allow the French to get the fuperiority at fea, in the Eafl:-Indics, the confequcnccs would be, the <• lofi 6i OF THE BRITISH GOVERNMENT OHAr. I. ' — . — » lofs to England of about 66 fail of Eaft-India ftiips, which ni!2;ht be turned into a marine by our natural enemy, and thus give France a decided naval and commercial fupe- riority *. France, befides, he adds, has about 10,000 men at the iflands, though a garrifon of 600 men would be equal to the defence of them. This force they have fent to India in the Qiips armce en flute, each fhip generally, has 200 afTigned it, but could eafily take in 400, and thus give them an army of 20,000 Europeans. Pondicherry had been made almoft impregnable, and if this force iliould march from it, aflifted by 40,000 native troops, either le- vied by the French, or obtained from Hyder Ally, they not only could drive us out of our pofTeffions, but add Hin- dooftan to the French empire. It has been erroneoufly luppofed, he fays, that Nadir Shah had left no riches to be gleaned up by a future conqueror ; for fuch a force as has now been alluded to, could eafily collect what would defray the expenfes of a war in India, and leave the conquerors either to be fovereigns of the Peninfula ; or to retain the native Princes as their tributaries. That Ame- rica (his Lordiliip obferves) will, fooner or later, become independent, there can be no queftion ; and if France fhall be able fo to dupe Spain as to induce it to give the Americans afliftance, then France might add to our Eaflern, our Ame- rican lofs, and reduce us to become an infignificant power * Lord Clive fuppofcs the Dutch, Danes, Swedes, and Portug-ucfe to Jiarc about igS iail of trading vcllcls to and in the Eall-Indies, and concUidcs, that they too would fall a prize to the French, if that power flioulJ be able to drive the Englifti from the Eail- Indies. in ANDTRADEINTHEEASTINDIES. 6j in Europe. The ceffion^ indeed, of New Orleans, by chap, i.^ France to Spain, he thought was a meafure obvioufly calcu- lated to keep up the jealouly between that kingdom and England ; and was intended to prevent the latter from any ambitious defigns on South America. In illuftratlon of thefc ftriking remarks, the following obfervations and directions, witli refpe6t to the conduct of Great- B4itain, are fcattered over this irregular but malterly memoir. mea- The late treaty (1763) reftored France to her compfoirs Political in the fituation they were then in — The diftridt round Pon- ^""^ of the / ^ i rench in dicherry did not yield a revenue of jT. 5000 per annum — The India. prime coft of all her trade upon the coaft did not exceed 3(^.60,000 per annum; and yet fhe was erecting fortifications at the expenfe of half a million, and had a garrifon main- tained at more than the expenfe of all her Indian revenues and prime coft of her eaftern trade. The French iflands, he obferves, lie out of the tradt of cur (liips. Tranfports, with 500 men on board, fteal out from them without the pofhbiiity of our knowing it, till they are landed at Pondicherry. France was extending her fettlements at Madagafcar, and could draw from them any quantity of provifions. The inference was obvious, that France was preparing for a vigorous efibrt to recover her fu- periority in the Carnatic, IlYDEte 64 OF THE BRITISH GOVERNMENT CHAP. T. HvDER Ally, he adds, is difrofcd to fecond the vi:\vs of France, and is in a condition to do fo. Turning then the eye from Cape Comorin (the fouthern point of Himlooftan) to Cattack. and Ballaforc, and from this Cape to Nellore, the fea coaft is fo much under our influence, that there exifts no power on it capable of giving adiftance to the French but Hyder Ally. From Nellore to the northern provinces, which extend as far eaft as Ganjam (the Soubah- dar of the Deccan excepted) there is no power within 150 miles of the fea able to fecond them. The country of the Berar Mahrattahs begins on the northward of Ganj?.m, and ftretches along the coaft to Cattack and Ballaforc, from whence the Bengal provinces may be entered. The boun- daries of the Mahrattas extend northward to the Caramnafla, the limit between us and Sujah Dowlah's country. Through the whole of this laft fpace, there is no other power .within 600 miles of the fea, from which France could derive ef- fectual aid. HisiJcaof If then the objecl of Government is to render the Com- Grcat"irit!iiii pany's poffefllons permanent, the following political and the balance of military meafures are obvious. There fliould always be, in power jn In- •' _ _ ■' oco ilioukl be paid into the ex- chequer, at the difpofition of Parliament ; the fame pro- portion on the faid fum to be paid to the Proprietors as a dividend ; that the revenue fliould be divided, one moiety to be paid into the exchequer, another to be applied to the difcharge of their bond debts ; after the reduction of which, a moiety fhould be lent to the Public, at a low intcrcfl : and that accounts of the revenues and charges, civil and military, abroad, fhould be annually laid before Parliament. L 2 z. In 76 OF THE BRITISH GOVERNMENT CHAP. I. 2. In 'whom h to he vejled the Supreme Executive Power f ad. QueilJon, J" ^'^'',':'^^ J The anfwers to this queftion brought forward difcufllons the executive oil the conflitutioii of Great Britain, and Mr. Lind places power u» , . , ^ ,, . , Jndia ? them in the following order : »i^r"ch°*^ Mr. CiiAMDERs was of opinion, that, for the purpofes bers. both of war and of peace, it would be expedient to give the fame powers to the Governor- general and Council, which are veiled in the King, when he a6ls by the confent, and with the advice of his Privy Council ; but that this power ought to be guarded, with certain provifoes, viz* Such governors fliould have none of the exemptions or im- munities incident to the royal character ; none of the rights which arife to His Majefly, from his prerogative of ancient poflcfTion ; none of thofe which are propofed to be given to the Supreme Court of Judicature ; no power of pardon- ing criminals, condemned according to the forms of the Englilli law ; no power of conferring any rank, known in Britain, except on their own officers ; but a right to give the rank of Rajah to a Hindoo, and of Nabob to a Maho- medan. There were certain ancient executive rights of the Crown, which were aboliilred, at the time the conftitution of Great Britain was fettled ; and it might be expedient, to revive them in favour of the Governor-general and Council. Such were the powers of fecuring fufpe6led per- fons ; the power of obliging them to quit our territories, unlcfs they belonged to fome European prince, or ftate, to whofe factories they ought to be fent ; the power to AND TRADE IN THE EAST INDIES. 77 to guard the limits between the Britifh and the neighbour- chap. i. ing provinces, and between one Britifh province and ano- ther. He propofed alfo, in certain cafes, to give to the Governor-general a negative voice on the adts of the Coun- cil ; fuch as, in determining on the means to be ufed in quelling a fedition, or for repelling an invafion. In general, that his powers fhould be fimilar to thofe polTefled by the Dutch governor at Batavia, with a refponfibility for the manner in which he might exercife them. Sir John Clavering, in his correfpondence of 1776 and Opinion of 1777, advifed, that the Governor-sieneral fhould have the SirjohnCia- . .. . vei:ng. power of entering a noli profequi, and of fufpending capital punilhiments, till his Majefty's pleafure fliould be known ; that he Ihould have the power of profecuting fufpe6led per- fons in the Supreme Court of Judicature, provided that they were not natives ; that he fhould have the power of laying on an embargo, of imprefling men, and fhips, of forming a militia, and, above all, that whatever powers were con- ferred on him, they Iliould be dift;in6tly defined and mark- ed out. On thefe opinions, Mr. Lind has made the following re- Remarks of marks ; that in viewing the hiftory of the revenues of |)pon^,hefe Bengal, &c. as far back as the reign of Acbar, in 1573, the opinions. rent-roll had amounted to 1,49,61,482 rupees; thatfrom the accounts of the Company, Bengal hail furniflied one million two hundred thoufand pounds, annually forinveft- ments, after defraying all civil and military charges ; and . 6. that -S OF THE BRITISH GOVERNMENT CHAP. I. that the northern circars, and our poflcflions on the Co- ' romandel coaft, maybe cxpe<5led to furnilli half a million more; that while the importance of thefe poflcflions, may- lead us, on the one hand, to adopt the ftrongcfl meafures, thefe meafures, on the other, ought only to be fuch as will accord with the cuftoms and prejudices of the inhabitants ; that the government of the Hindoos had been abfolute, while that of the Mahomedan conquerors had been ftill more fo, and yet, that both had preferved the rights of the Zemindars and of the Ryots ; that fo far were the Ryots from confidcring this fpecies of government to be an evil, that they looked up to it as the only one which could prote ought the reVeflUeS to be CoUe5lcdf territorial re- venues to be colleded ? Mr. Francis and General Clavering agreed, in con- Hiftoricai fidering the anfwer to this queftion, as involving in it all which^Mr. the circumflances upon which the prefervation of our In- Gcn^ima- dian poffeiTiOns depended. Mr. Francis thouo;ht that the ^'^'■"s fo""- Company had been m an error, both m confidermg the nions? Mogul, to be the proprietor of the foil, and in making this principle, the foundation of exa6lions, which, though calculated for the exigencies of the moment, muft: ulti- mately produce the ruin of the country. From the records of the Khalfa, from other authentic documents, and from the information of the oldeft fervants of the Company, the progrefs of the revenue had been as follows : In 1573, Acbar conquered the Bengal provinces and Rajah Toorcl Mull 6 formed X? OF THE BRITISH GOVERNMENT cii.xr. i. formed the jummabundy, or rent-roll, for the empire. He let the lands to the Zemindars, on a moderate quit-rent. The jumma, for Bengal, including the Circars of OrifTa, was 1,49,61,482 — i^. 2. rupees. This fum differs little from the rent raifed by Sujah Chan, in 1728, but is a crore Icfs than the lands were afTefled at in 1775. The record of this jumma was called turmar ; tunnar-jumiua then meant the rent-roll, and was alfo called ^z//?/ or the original y«w;«^. On this, a tuckfeem, or divifion account of the foubah was formed, fliewing the proportion which each zemindary, per- gunnah, village, &c. was to bear. The hereditary office of Canongoe was then eftabliQied. This officer was to keep the accounts of the turmar and tuckfeem. In all transfers the turmar-jumma regulated the new grant. The jaghires of the IMunfubdars were portions of this jumma, and the fees of the Canongoes are flill calculated upon it. The limits of pro- perty again were divided, by reference to the tuckfeem, and the mode of collection was funple. The Zemindar paid the rent at the treafury ; if he did not, a temporary attach- ment of the lands took place. It is not known, whether the Zemindars were required by Government to give pottahs, or leafes, to the Ryots ; but it is certain, that the aujU, or ground-rent, was the firfl thing fpecified in fettling the pro- portion of the tuckfeem, to be paid by a particular tenant, and that upon it, alfo, all other taxes, whether permanent (Aboab) or occafional (Muthote) were proportioned ; and that the Ryot could not be difpoflefled, fo long as he paid his quit-rent. Such were the rules, till the termination of the power of Sujah Chan, in 1739 or 1740. Though the Soubahdar frequently extorted fums from the Zemindar, * by AND TRADE IN THE EAST INDIES. 89 by way of a free gift, the jumina v/as invariable. In the time of Aliverdi, who cut off the fon of Sujah, the Zemin- dars were fo rich that they aflifted him, during his wars with the Marhattas, with a crore and a half of rupees. He and his fucceffor Surajah Dowlah were the firfl who added the aboah or occafional taxes to the jumma, and by that encreafed the ground rents; and hence all temporary taxes of this natuie began to be made permanent. The jumma under Sujah Chan was 1,01,38,006 rupees ; under Surajah Dowlah 1,38,12,443 rupees; under Cofim Ally 1,86,59,720 rupees. The nett rent propofed in I'jjd-'j was ^ ■,'] " i'} 2iill S I'upces. The fum a£lually colie6ted was 1,36,88,614 rupees. When the Duannee was ceded to the Company, the ancient eftablilh- ments had been overthrown by Coffim Ally, the Zemindars difpofleffed of their rights, and reduced to beggary, and wealthy families brought to ruin. The amount, however, demanded for revenue and for inveftments was daily made greater, and men of low rank and defperate fortunes em- ployed as aumils to colled it. After the crop of the Ryot was on the ground, a new muthote was laid on, and the improved made to pay for the deficiency of the unimproved land. Thofe emoluments which many of the natives had drawn from offices, in their di(l:ri61:s, were feized on, and fines impofed upon them, which went into the general fund. The decline of refourccs, neceflarily refulting from fuch oppreffions, were pointed out both by Mahomed Reza Chan, and by the moft intelligent of the Com- pany's fervants. Supervifors were, therefore, appointed to make accurate ftatements of the profits of the Zemindar, N Farmer, go OF THE BRITISH GO VERNM EN r cir.\;'. I. Farmer, &c. all was fwept into the trcafury ; and the fu- pcrvifors, inflcad of being a relief, laid the foundation of new opprefTions from having proceeded upon a valuation of the whole rents, including the profits of the Zemindar, Farmer, &c. Nor was this evil (iays Mr. Francis) remedied by the committee of circuit, appointed to fucceed the iu- pcrvifors; for by letting the revenue to adventurers, they en- crcafcd the nominal rent, but the encreafe was only nomi- nal, for a balance remained due from 1772 to 1776 amount- ing to at leaft a crore of rupees. From thefe obfervations, he concluded, that the Company had levied higher rents than the country could pay; and that, from the leafes be- ing uncertain, and taxes encreafed, as land was cultivated, all incitement to induflry or improvement had been taken away ; the Zemindar rendered defperatc ; and the leafes of the Ryots, from this confufion, had become unintelligible^ Remedies Tq remedy thefe evils, Mr. Francis pronofed that the propofcd by . •' i r »hem. jiimvia, or rent-roll, fhould be fixed, recorded as unalter- able, and publilhcd to the people. That the whole de- mands upon the country, including Ghazipore, iTiould be founded upon an eftimate of the civil and military expenfes, the amount of invcftments and of contingencies *. That * Mr. Lind, in a note, refers to two eftlmates where an unappropriated balanc* vould remain of 37)99,043.15 rupees, for unforefccn events ; but General Clavcring-, thought that many of the articles for fervice were calculated upon too narrow a fcale and therefore he was againft the rcmiffion of 10 per cent, on the colledioa. Mr. Lind obfcrvcs, that the cfiimatc of charges for the civil cAabliflunent was too every AND TRADE IN THE EAST INDIES. 91 every pofTible relief Hiould be given to the renters of the criA?. i. Duannce lands, both on account of the diftance of them from the capital, and of the poverty of the inhabitants. With the view of illuftrating thefe jiropofitions, Mr. Francis thinks, that the medium receipts, of the lafh three years, ought to be taken as the rule for affeiTment, and that all temporary contributions ought to be abolilhed. That the iuckfeeiny ought to be formed, and a copy of it given to the cutcherry of each diftridf. That regularity of payment Ihould be made the tenure upon which the Zemindar was to hold his leafc. If this tenure fliould not be fulfilled, then that a part of the zcmindarry fliould be fold for pay- ment of the rent, and the balance paid back to the pro- prietor. That in all fuch fales, a preference ought to be given to the next heir of the Zemindar, but if fuch heir did not appear, or claim, then that a temporary duan, or fteward, ihould be appointed ; but, at the fame time, be declared to be incapable of becoming the purchafer. That the law refpecling the inheritance of zemindarrics ought to be altered, in fo far, that when a zcmindarry was more in value than two lacs, Government might divide it among all the fons of the late proprietor ; when lefs, vcfl it in the eldeft ; but, in this lafl cafe, oblige him to grant allow- ances for the maintenance of the younger fons. Mr. Hastings agreed with Mr. Francis in thefe lafl pro- Oinnionof pofitions, but General Clavering thought, that the adoption ^lf« '^^'l'"g*' of them would be a dangerous experiment, and at all events, a fruitlefs one, becaufe it would be in oppofition to the N 2 ancient OF THE BRITISH GOVERNMENT CHAP. I. ancient cufloms of adopting fons, from which the Zemin- dar never would, willingly, recede. To obviate this ob- jection, Mr. Francis thought, that a court of wards might be inftitutcd ; but this General Clavering confidered to be an expedient not lefs hazardous than the preceding one. Mr. Francis was for flopping the fums allowed by Zemin- dars, upon the reftoration of their rights, and that an en- quiry lliould be inftituted into the foundation of the whole of their rights, and a term of prefcription fixed on, after which, all lands held as charity lands might be refumed. Sir John Clavering confidered the refumption of charity lands, to be a fubjecFt of great delicacy. Obfcrvatioiis ot" ]Mr. I'ran- cis OH it. With refpe»Sl to the Ryots, Mr. Francis thought, that Government lliould prefcribe a form for the pottahs, or leafes, which the Zemindar gave to his tenant, and that in it, he (hould be obliged to grant fo much for every cultivated beegah, varying the fum according to the value of the foil or fituation, without any reference to the aboab. That the fuperior of the diflrift ought to fee this pottah properly authenticated, by affixing to it, firfb his own fig- nature, then by having it recorded by the Canongoe, or the officers of the Cutcheiry, and that the Ryot ought to have a figned account of his jummabundy, for every year's rent, with a releafe annexed on compleating his payments. Obfcrvat'ions Mr. Lind obferves, upon the whole of thefe propofitions of ^Tr. Lind ,..-,., , , • l i «n the whole, and opinions, that, in theory, they may be unexceptionable, but that, in pra6tice, they are not poffible. He therefore advifes AND TRADE IN THE EAST INDIES. 93 advifes, either that the Zemindars and Ryots fhould be re- chap. i. flored by a6l of parliament ; or that an a€t fliould pafs empowering the Governor-general and Council to reftore them. If neither of thefe propofitions ihould be adopted, he recommends, that His Majefly fliould give it in inftruction to the Company to adopt this laft falutary meafure. 5. Queftion. 5. Hozv are the other Revenues to be colleSied? other reven- ues to be collected ? The moft valuable part of the revenue comprehended in Opinion of this indefinite defcription, was that which arofe from the ^'-^^"'"S*- fait works. Upon this fubjedl Air. Haftings was of opinion, that till fuch time as a fettlement of the lands could be made, no pra£ticable plan could be formed for rendering the revenue from the fait works producStive. The itate of this monopoly, in 1781, he fays, was as follows: The Com- pany, under the preffure of heavy demands, diredled their fervants to take the fait works out of the hands of private perfons, and to refume them for the benefit of the Company ; expecting, from this meafure, to draw a revenue of jT.i 20,000 per annum. The contrails, in con- fequence, were put up at audlion ; and the produce, du- ring the two firfl: years, amounted to 32,54,706 rupees. The redu6lion of the revenue, in fublequcnt years, he fays, was owing to the external caufe of the importation of coaft fait ; and to the internal one, of want of experi- ence in managing this branch of the revenue. He there- fore propofcs feveral ways by which the fait might be con- verted to the profit of Government. — i. By authorizing a free fale of fait, fubjedt only to a duty,— 2. By entrufting to 9 + or THE BRITISH GOVEPvNMENT CFJAi'. I. to the Zemindars the property of the cotteries, lying within their zemindarrics, and take the payments in fait. — 3. To receive the payments, duties included, on the fame plan, in money.— 4. To let the fait mahals by diftincl contract, in- dependent of the Zemindars, and to take the payment in fait. — 5. To take the payments, upon the fiime plan, in monc)'. He preferred the 3d of thefe methods, both becaufc it would fecurc a greater amount to Government, and becaufc it would remove many difficulties in managing bufmefs.* Objection to SiR JoHN ClAvering reprobated the putting the lands cil'vcri:."^ "^ and the contrafls for fait into different hands, and faid that the importation of foreign fait arofe from the mono- poly in 1767; tracing, by evidence, that the importation had been greater or lefs, in proportion as the monopoly had been granted or prohibited. He propofed, therefore, to rcftore the lands and fait farms to the Zemindars, and to put an additional rent on the lands for the fait works, leaving to the Zemindar, without any interference of the officers of cuftoms, to manufaclurc as much fait as he plcaf- ed, and to fell it where he could; concluding, that this would produce more than jT. 100,000 per annum of revenue ; reduce the price of fait to the inhabitants ; and prevent the exportation of coin, and the importation of coaft fait. Mr. * Mr. Lind, in a note, refers to a paper entitled, " An Abftrafl of the Prime Coft of Salt for the Years 1772, 1773, and 1774.." In the firft of thefe years (according to this paper) the profit was 18,51,952. 14. rupees; in the next, 14,02:753. 2. 6- rupees; but the ftatemcnt for the laft t«o of thefe years being ntade, partly, by efti. mate could aot bc_dcpcndcd upon. AND TRADE IN THE EAST INDIES. 05 Francis, who had formerly preferred the firft fchcmc of chap. i. Mr. Haftings, afterwards agreed in this opinion of General Clavernicr. State of mo- nopolies in The three great monopohes, at this jun6lure, were that of fait, that of opium, and that of faltpetrc : we have al- the Bcagai • • 1 r /-L c 1 r T» T provinces.. ready given the opmions upon the hrlt or thele, Mr. Francis was for aboLilhing the fecond, and fubje6ling opium to a duty of thirty ficca rupees per maund ; and he was for abolilTiing the laft, as the only means of lowering the price. In general, he gives it as his opinion, that if there is one great monopolift, then a number of individuals muft be precluded from employing their little capitals; and if this monopolift fhall be under the authority of Government, in cafe of a difpute, there is no impartial tribunal to which to apply for juftice. He therefore concludes, that if the Company are to be merchants, all their inveftments ought to proceed from contra6ts, till fuch time as improve- ments in the manufactures will admit of ready money pur- chafers. Sir John Clavering agreed with Mr. Francis in his general ideas againft monopolies, but held thofe of opium and of faltpetre to be exceptions ; and that the quan- tities of thefc articles required for the inveftments mult be purchafcd, at the Prefidency, by the Company. Mr. Lind concludes, on the whole of thefe opinion?, Jir. Lind's that from every part of the evidence, the fait works ought d^is^i'itl"^. to be let together with the lands, and leafes to be granted to the Zemindars. That the inveftments ought to be pro- vided 96 OF THE BRITISH GOVERNMENT CHAP. I. 6th Qocftion. Bv wliat courts ou.c;ht the juciici;il power to l;e ndininiftrrcJ in the BiMtifii provinces in India ? Opinions of Mr. Hallings anil Mr. B?.r- well. viLlcd forby contra6ls,asfoonas theflate of the manufa6lurcs will admit of it; and that it would be of cflcntial fervice to the Company if they made their purchafes AVith ready money. 6. How, and by iv/.mt Courts Jljould Jujiice be admlnijicred in the Eril'iJ]} Provinces in India ? Mr. Hastings and Mr. Barwell propofcd, as an an- fwer, that the jurifdiclion of the Supreme Court fliould be extended over all the provinces without hmitation. That the ancient courts of Nizamut and Duannee flioukl be continued ; but that a controul over them fhould be vefled in the Supreme Council and the Judges ; and that the Provincial Councils fliould be vefled with judicial au- thority, in the internal diftrifls, as well as become courts of revenue. It was upon this plan that Sir Elijah Impey drew up the heads of a bill. Opinions of Mr. Francis and General Clavciing. Mr. Francis and General Clavering blend their views of the judicial power with their general fyflem for govern- ment ; the form which they propofed approached to the ancient Afiatic. In it, the MulTulmen chiefly were to be inverted with offices of trufl, while the cultivation of the foil was to be left with the Hindoos, whofe property it had been. They propofed to fettle the duties at fixed rates ; and thought that the Company, like other merchants, fhould be obliged to go to market, to purchafe their inveftments, and that the natives fliould be left with their cufl:oms, laws, 5 and AND TRADE IN THE EAST INDIES. 97 and religions : concluding that in this way the Moguls go- chap, i.^ verned their conquered Hindooftan. Mr. Hastings taking, as the ground of his reafoning, Mr. Haft- a plan of government which he had propofed in council, of^civii juiif- in 1772, recommended the eftablilhment of the following Jii'^^^'J^Jp'Ja^ courts of juftice. The firft court was to be the Sudder of govern- Duannee Adatikt, which (liould confift of the Governor-gene- ral, the Chief Juftice and other Judges, the Roy Royan, and the chief officers of the Khalfa : three of thefe were to com- pofe a court, one of Avhom muft be a member of Council, and one a member of the Supreme Court of Judicature. Though this court was to be a court of appeal, it was, at the fame time, to have the power of receiving new exhibits, and of examining new witnefles. It was to decide on per- fonal property, above the value of a thoufand rupees, and on all cafes of malguzary lands, or lands paying a rent to Government, and was to fit once a week, Mr. Chambers objedled to the name of this court, as implying that the diftindlion between Nizamut and Duannee had not been abolillicd. Mr. Hastings, fecondly, propofed to eftablifh provincial Courts, to confift of the provincial Councils, at their ufual meetings, affifted by the provincial Duans, Canongoes, Moulavies, and Pundits. Thefe courts were to hear and determine on the complaints of the inhabitants, or remit them to the inferior courts, from which this was to be confidered as a Court of Appeal. Thefe provincial O courts 98 OF THE BRITISH GOVERNMENT CHAP. I, courts were to keep regular records, extracts from which, were to be held as evidence, when the cafe was brought by appeal to the Sudder Duannce Adaulet. Mr. Chambers, to produce thefe ends, propofed to divide Bengal, Bahar and OrifTa into eight zillas ; of which Bahar was to be divided into fouth and north. He thought the jurifdiclion of thefe courts iliould be confined entirely to revenue cafes. Mr. Hastings, thirdly, propofed a court of Adaulei Duiwuee Zillajaut, to be fuperintended by one of the members of the Provincial Council, in rotation, affifted by the Provin- cial Duan, Canongoe, and one Moulavie, and one Tundit, to be named by the Governor General and Council. In this court the complaints of the inhabitants were to be heard, in the firfl inftance, and appeals from it might be carried to the Provincial Council. It was to fit three times a week, in the principal town of each divifion, and copies of its pro- ceedings, with abfl:ra6ls, were to be fent before the 5th day of every month, to the Provincial Council, to be by them forwarded for record in the Supreme Court. Sir Elijah Jmpey propofed that the Judge of this court fhould be a fenior fervant of the Company, and be continued in his ofBce quamdiu fe bene gejfer'it. In oppofition to this opi- nion Mr. Chambers did not think it neceffary that the Judge iliould be one of the fervants of the Company. The fourth court, propofed by Mr. Haftings, was that oi yldatdet Duafinee MofuJJel, or fubordinate Country Revenue Couit, to fit in diflrids where no Court of Adaulet Duannee 5 Zillajaut ANDTPvADE IN THE EAST INDIES. 99 Zillajaut was ufually held. This inferior court was to con- cha?. i fift of the Naib, the Canongoe, one Moulavie, and one Pun- dit, to be chofen by the Goveraor-general and Council, and to be held four times a week, or oftener, in the principal Cutcherry of each diflricl:. From the decifions of this court appeals might be made to the Provincial Courts. With the object of removing the difficulties which might arife in eftabliihing thefe courts, Mr. Haftings propofed that all the forms and rules obfeived by the late government fliould be held to be legal. That the Roy Royan and Superinten- dant of the Khalfa records, fliould, when required by the Governor-general and Council, or by the Supreme Court of Judicature, or by an individual, have the power of ilTuing warrants, and of fummoning witncfles, but not that of in- fli6ting punifhments, or of detaining parties or witnefles longer than 48 hours, or no longer than lliould be neceflary for their examination. He thoughf, alfo, that they iliould have the power of apprehending any fan-ner, or fub-farmer, againfl: whom complaints had been entered in the Provincial Council, and of fending him before it. In his exercife of this power, however, the Judge ought to be poffeflcd of the letter of the Provincial Council, fjiecifying tiic caufe for which the warrant was required, and that the letter ought to be recorded. To guard againft every fpecies of oppreffion, the party ought to have a right of com- plaint to the Supreme Court, againft the Provincial Council. On this laft article, Mr. Chambers preferred the mode of in- didment to that of a6tion ; but Mr. Haftings propofed giving O 2 to loo OF THE BRITISH GOVERNMENT CHAP. I. to the Supreme Court, not only the power of fending down cafes to the inferior courts, but of evoking any can fc which fliall be pending before fuch court. Thcfj-ftcm The Criminal Jurifdiclion, Mr. Haftings propofcd to jui]idi"''ion lodge in two courts ; the Nizamtit Stidder Adivdet, and the baiit^ '"""^ Foujdary Adatikt : both to be formed upon the bafis of that fyf- tem of government which he had fuggefted in Council, in 1772. To the Darogah of the Niz,amut Sudder Adaulet, Tinder the title of Naib Nazim, he propofcd to give the power of confirming or mitigating the punilhments decreed in the Futwah, or fentcnce of t]\e Ni^amut, and of ilfuing warrants for execution ; but thefe to be fubje6l to the revi- fion and confirmation of the Governor-General and Council. He was of opinion, that the Foujdary Adaulet (hould have more extenfive powers than it was anciently vefted with, particularly, that the Judges of it ihould not be liable to any a6lion or punifhmcnt, for what they might have done, in the regular difcharge of their duty, and fliould only be made ac- countable to the Nizamut Adaulet, which was to be under the controul of the Governor-general and Chief Juftice ; upon this laft point. Sir Elijah Impey was of opinion, that the power of the Darogah fhould be transferred to the Governor- general and Chief Juffice, with a provifo, that they were not to encreafe any punilhment to capital, unlcfs the offence fhould be felony in England without benefit of clergy. Mr. Chambers was for prohibiting capital punifhments, unlefs for fuch crimes as the general Aflembly fliould adjudge to be worthy of death. In AND TRADE IN THE EAST INDIES. loi In addition to thefe Courts of Juftice, Mr. Haftings brought .^"-^P- ^\ forward a plan for the pohce of Calcutta, in which he propofed of Police fm- to divide the city into eight diftri(51:s,each to be under a Cut- wall to be nominated by the Governor-general and Council, fromamongthc fefi which formed the majority of the inhabi- tants in each divifion. Thefe Cutwalls were to be fubje6l to a Superintendant of Police. They were to have the power of imprilbning for twenty-four hours, and of ordering a punifliment to the extent of twenty lallies with a rattan. They were every day to make their reports to the Superin- tendant, who might encreafe the number of lafhes to fifty. Sir Elijah Impey was of opinion, that the fame plan ought to be extended to the other towns within the Britifli provinces. With the view of rendering the whole of this judicial fyf- tem efficient, Mr. Hajlings thought, that there fhould be an Advocate of the Company, for the management of fuits, in which they were, dirc6tly orindire6lly, parties ; and an Advocate for the Crown, who, upon information, fliould prolccute offender? in all cafes in which His Majefty's inte- refts were concerned. SvcH are the outlines of the plan, on which Sir Elijah Impiove- Impcy drew up a bill, though he introduced into it fomc al- boVhproJofcd terations, viz. he propofed to extend the jirifdicflion of the imp^ey.^''^"^ Supreme Court over all the countries that were, or might become fuijod to the Company: and to veR; it with Admiralty Jurifdidion; giving to it the power of trying accelTaries, 102 OF THE BRITISH GOVERNMENT CHAP, i.^ acccflaiies, when the principal was not within the Com- pany's territories. He thought it ihould pofTefs the power of granting probates, and letters of adminiftration to the heirs of perfons leaving cflecls within its jurifdi6lion. To diminilh the expenfe of law fuits, no depofitions fliould be reduced to writing, unlefs in cafes which might be brought by appeal to the King in Council. When cafes were referred to arbitration, thedecifionsofthe Arbitrators might be made Rules of Court, and punilliments inflidled on them when they a6led in a corrupt manner. He propofed empowering this court to decide in all fuits, of a civil nature, between the Company and His Majefty's fubje6l:s, European and Armenian, or between thel'c fubje6ls and thofe of other nations, within the BritiQi provinces, cither when the cafe exceeded the fum of five thoufand current rupees, or when the Juftices fliould certify, that it was requifite for the cafe to be tried in that court. In general, he thought, that the Supreme Court ought to have a controul over all other courts, in the fame "manner as the Court of King's Bench has in En- gland, except over the Sudder Duannee Adaulet, of which the Judges were themfelves members. He propofed, that all Judges of the inferior courts fliould be amenable to the Su- preme Court ; and that Sherifl's ought to be appointed, with power toifTue writs, to hi executed in the diflant provinces. That the Provincial Councils fliould be empowered to take andjuftify bail, and that the Supreme Court ihould have the right of appointing Commiflioners to ftate interrogato- ries, as is done in the Court of Chancery, in England ; and that the refult ought to be held as legal evidence. To ANDTRADEINTHEEASTINDIES. 103 To conciliate this fyflem, with the ufages of the natives, chap. i. Sir Elijah Impey propofcd, that Pundits, Moulavies, Canon- His attempt goes, &c. the Roy Roy an, and fuperintendant of the Khalfa [j^e'f"f!ftgm3 records, fliould attend the co\irt of Sudder Duannee Adaulet, tu each other. be confidered as ofiicers of it ; and that a copy of the Hindoo laws, and the decifions of the Pundits upon them, fhould be depofited in the Supreme Court, and held as authority in all queftions in which the natives of this clafs were parties. He was of opinion, that the clerk of this court fliould have powers fimilar to thofe exercifed by the clerks of the Court of King's Bench. That he fhould be entitled to fue for fines and forfeitures, which were to be at the difpofal of His Majefly ; but that part of thefe fines, till difpofed of, might be employed in fupporting fuch fuits of the natives as came before the court, in forma pau- peris. The fums fo arifmg, to be placed out at intereft, and the clerk of the court to receive and be anfwerable for fuch intereft, 'till the ift day of every January, when it fhould be lodged in the hands of the Go- vernor and Council, for the public fervice. Sir Elijah Impey was farther of opinion, that the Supreme Court fliould be vcftcd with power to try cafes of trcafon, and that it, as alfo the inferior courts, Ihould be entitled to appoint their refpedtivc ferjeants and officers. To prevent all undue influence, in criminal cafes, the members of the Foujdary courts flrould be prohibited from hav- ing any communication with the parties, except in court, and from receiving any prefents or gratuities of them, • To 104 OF THE BRITISH GOVERNMENT CHAP. I. To facilitate the recovery of fmall debts, he propofcd giv- ing to the head farmer of every pergunnah, the fame kind of jurifdiclion, which Courts of Confcicnce have in Lon- don ; bnt, in Calcutta, to veft that power in the Court of Requefts ; he thought it might be expedient to appoint a Coroner for Calcutta, and that he, and in general all the officers of juftice, fliould be obliged to take the oaths of allegiance and of office. As the Company came to the pof- feffion of their territories in Auguft, 1765, that period might be fixed upon, as the epoch a, from which prefcrip- tion ihould be reckoned. To protect the Ryot from op- preffion, it Ihould be ftrictly enjoined, that no demand fliould be made upon him, beyond the amount of his pottah or leafe ; nor fliould any taxes be impofed which had been jibolillied by the Company. Farther, to prevent oppreffion, he recommended taking away all private authority from the creditor of imprifoning his debtor ; and to prevent •ufury, intereft fliould not, in any cafe, be allowed to exceed 12 per cent. As great injuftice had arifen from Europeans flying from the Company's dominions it ought to be declared, that no European, who had refided in the Britilh provinces, fliould be permitted to enter into the ferviceof any Indian Prince, without firft receiving a licence from the Governor- general. And on the whole, that this a6t fliould be pub- lifhed in the Supreme Court, at a meeting fpecially held for that purpofe, and in one month after fuch publication, all courts, except thofe appointed under this a6t, fhould ceafe and determine ; and that fuch cafes, as might be pending in thefe courts, fliould be transferrablc to thofe which were to 4 be AND TRADE IN THE EAST INDIES. 105 be fubflitnted in their place. If the Governor-general, with CHAP, i, the powers given him by this a6t, fliould refufe to appoint ' Iheriffs, &c. the appointments might take place by a Man- damus from the Supreme Court. Sir John Clavering, Mr. Francis, and Colonel Mon- Oppofite fyf- SON propofed very different views both of government and jo'hnciavcr- of jurifdidtion, from thofe recommended by Mr. Haftings Fianci^and and Sir Elijah Impey. They confidered the eflablifliment of £°'°"''i . , -, 1 r r Monfou. provincial councils to be a mealure fundamentally wrong; that there ought to be but one deliberative council, and that all powers delegated by it, fhould be declared to be purely official. Mr. Francis, in particular, held it to be abfurd, that any government Ihould have in the fame branch of it both executive and deliberative powers ; fince in the exercife of them, it could not plan with wifdom, nor difpatch with celerity; he therefore prefered giving the fundlions of the council, as a Board of Revenue, to fupervifors a6ling under a commiflTion, and with a falary. He thought, however, that the power of the fupervifors lliould be only temporary, and that, at all events, it Ihould continue no longer, than till the Zemindars could be re-eftabliflied, the Ryots receive their pottahs, and the rents be in the courfe of regular payment to the Khalfa ; that the power of thefe fupervifors might be efficient, he propofed, vefting them with a particular fuperintendence over the Duannee Adaulet Zillajaut ; that they Ihould be attended by the foujdary ofliccrs, and by men learned in the laws of Hin- dooftan. In particular, that they fhould have the power P of ,c6 OF THE BRITISH GOVERNMENT c HAP. I. of checking monopolies, and of removing vexatious impe- diments to trade : The eftabhfliments of the Company's fer- varits would, by thefe means, be diminilhed, and their receipts and payments brought into the fimple forms of bu- finefs. Before difmifling the provincial councils, he recom- mended, that they fhould be required to give, r. Anexa£t regifter of the landed property. 2. A table, fpecifying the three laft years receipts. 3. A characSter of each Zemindar and the fituation of his family. It was by the foujdary ju- rifdiction that in the ancient conftitution, the Zemindar be- came bound for the peace of his diftri6t, and to make good the damages done by offenders in it. To this duty the Zemindar was compelled by the 'foujdary, and the taxes levied frona his exercile of it, formed an article of revenue, termed Aboah Foujdary. The Zemindar ought to be not merely the collc6tor of the revenue, but a fubordinate inftrument of civil adminiflration. On his reftitution, therefore, he ought to be required to keep up the ancient ufages, fuch, as the reparation of roads and of bridges, the infpe6tion. of plantations, &c. It was, upon the whole, his, and the deliberate opinion of the gentlemen who a6led with him,^ that Bengal, &c. could not be held by Great Britain, if its inhabitants fhould be fubjc^led to the Britilh laws only ; a conclufion which he fupports by a reference to Mr. Verelfl's obfcrvations. It was in vain to think of rendering the Du- annee Courts, till the Zemindars iliould be reftored, ade- quate to the purpofes for which they were inftituted. In their then ftate, the moft powerful of the parties in a revenue caufe, was ill effect in the Judge, nor could the fyflem ANDTRADEINTHEEASTINDIES. 107 fyftem which he himfelf recommended, be made efficient CHAP. i. in the hands of an Englilliman, unlefs he was affifted by perfons inll:rn6ted in the laws of the Hindoos, and of the Mahomedans ; had a falary that made him independent ; took the oath of office ; was made removeable ad culpam^ and made refponfible to the Governor and Council. Juflice, in this way, might be accommodated to the manners of the people, and to their ancient inftitutions ; but the delays and expenfes of the Englifli law would ill fuit the fnnple manners of the natives; and, at all events, thefe lafl Ihould never be left to the mercy of attornies and lawyers. Mr. Lind obfeives, in general, upon thefe different opi- Opinion or 1 . • • 1 •.. 1 • , 11 • • , Ml. Lind on nions, that it is an admitted point, by all parties, and by the whole of all writers, that the laws and ufages of Hindooftan ought offuriSiai"m to be continued in force, and that the Supreme Court of anJofgo- . *- vernment. Judicature would require aids from them, in the adminiftra- tion of juftice. If this be the fa6V, in fo far as regards the Supreme Court, wheie fuits muft terminate ; it certainly cannot be lefs fo in the Subordinate Courts, in which the na- tives are almofl: in every cafe the parties. The ancient ufages may have been perverted, amid the revolutions, which Hin- dooflan has experienced ; but it certainly is more practica- ble to reform thefe laws, than to introduce a fyftem, fo- reign to the manners of the people. In criminal cafes, the ufages of the Englilh law, in particular, in takhig a perfoa into cuftody, would deprive a Hindoo of the privileges of his caft, and difgrace him for ever; and it certainly would V z be io8 OF THE BRITISH G OVERNMENT CHA P. I. \)Q the higheft cruelty to expofe the natives to the expenfes of Englifh law-fuits, when they could not benefit by the ifTuc. Wc may offer them the benefit of our laws (fays he) but we ought not to force them to accept of it. From the whole, he draws the following chain of in- ferences ; that the jurifdiction of the Supreme Court ought to be limited, in criminal cafes, to the Europeans, or Ar- menian fubjedls of the King, and to their defcendants ; that, in civil cafes, this jurifdicSlion fliould be limited to parties of the fame defcription, or to cafes where the parties, in the contraft, have (lipulated an appeal to the Supreme Court of Judicature ; that an appeal might be made from the Mayor's Court to the Supreme Court ; that the Supreme Court ought to have admiralty jurif- di6lion ; that it ought to have the power of trying ac- ceffarics, of granting probates, letters of adminiftration, &c. of preventing the reducing depofitions to writing, unlefs the cafe Ihall admit of an appeal to the King in Council, and of rendering all fubmifTions to arbitration, a rule of court ; that the King^s advocate, or attorney, ought to have the power of bringing inferior officers of juftice before the Supreme Court ; and individuals, the power of preferring indi6tments for a6ts of corruption, againft the judges of the inferior courts, referving to the Governor-general the right of entering, by the Attorney-general, a noli profequi ; that the judges of the Supreme Court ought to make an- nual circuits, and the clerk of it to have the power of fuing for fines, the amount of which fliould be paid to a receiver 6 appointed AND TRADE IN THE EAST INDIES. 109 appointed by the Governor-general and Council ; that a CHAP. I> Coroner (hould be appointed for Calcutta, and in the principal town of every diftrid, and an Advocate-general for the King; that hard labour fhould be inftituted as a punifhment, in place of banifliment ; that the Hindoos ought to be tried by their laws, and the Mahomedans by their laws : As the power in the Supreme Court of exer- cifing controul, in revenue cafes, had fometimes diftrefled the inhabitants, and impeded the coUeftions ; that therefore a Supreme Court of Appeal in revenue cafes Ihould be infti- tuted ; fuch a court ought not to confift of the Governor- general and Council alone, for then the moft powerful party would be the judge ; nor of the Governor and Council and Judges, for then there would be a perpetual diverfity of opi- nion: but fhould be compofed of feven judges, nominated by the Governor-general and Council, three of them to be of council, one of them fele6led from the puifne judges of the Supreme Court, and three of them, European fubje6ls of the King. This court ought to fit once every month, or oftcner, be affifted with the advice of the principal officers of the Khalfa, decide by a majority of votes, and the fcnior mem- ber, prefent, have the calling vote. The decrees of this court to be final, and, after decifion, that it fliould not be entitled to receive frefli exhibits, or examine new witnefics*. Tc prevent corruption, adequate falaries ought to be given to the members of it ; that in petty, civil, or criminal cafes, between the natives, the jurifdiflion of the Zemindars ought * In a note u is obferved, that this wouKl be a departure from the Englifli juiil- prudence without reverting to that of Hindooflan. to no OF THE BRITISH GOVERNMENT CHAP. L to be refloied to them, leaving to the parties the right of ap- peal from their decrees, to the Duannee or Foujdary Courts. That in each dilhici, there ought to be aMofuilel Duannee Adaulet, to take cognizance of civil cafes, and a Foujdary Court to judge of crimes and mifdemeanors, and that both of thefe courts fliould be affifted by the members of the coun- cil ; that the power of the Darogah fliould be continued under the controul of the Governor-general ; that the Cut- wall, or fuperindant of the police, fhould not be permitted to inflicl punirtiment on European or Armenian fubjc6ls ; but only have the powei; of fending them before a juftice of the peace ; that judges, of every defcription, (pending the fuit) fliould be prohibited from convcrfmg with the parties out of court, or receiving prefents of any kind ; or having any concerns in trade ; that they fliould take the oath of allegiance and of office ; that courts fliould be inftituted for the recovery of fmall debts; that the interefl: of money fltiould be legally fixed, and upon an annual fettlement, when due, that ic fliould be added to the principal fum on open- ing a new account ; that Sir Elijah Impey's plan for the publication of the acSt fliould be followed ; that the Court of Dircdiors fliould be obliged to deliver to the Lords of the Treafury, exaft and unmutilated copies of all their advices and difpatches ; for, fmce the Company have become a fpe- cies of intermediate fovereigns, the Proprietors, in a Gene- ral Court, cannot be competent judges of the foreign poli- tical tranfa6lions of their fervants ; that the powers of the Proprietors fliould be limited to the following, viz. of fleeting Diicdtors, of making Bye-Laws, and of fet- tling AND TRADE IN THE EAST INDIES. nr tling their Annual Accounts ; that the Diredtors fliould chap. i. have the qualification of two thoufand pounds flock, fliould be chofcn annually, and be reduced to fifteen ; that the King fhould have the power of appointing the Chair- man and fix of the Directors ; and the Company of ap- pointing the Deputy Chairman, and the remaining number of the Direflors.^ Though it was neceflary, in flating the different opi- of the piin- nions of the fervants of the Company, upon the fyftems Haftincrs and of government and of iurifdi6lion fuited to our Indian do- Mr.BaineH's o J plans or go- minions, to bring the whole under the particular fubiedls vemmcntand ,.,, ., , /1-111 iurildiiition» which they exammed, and to contrail with them the opinions which were offered by a man of ability, when he was digefting them into order, we (hould not furnifh the- Public with a full review of thefe interefting memoirs, if fome attention was not paid to Mr. Haftings's plan of 1772.. As a fervant of the Company, he certainly had the beft opportunities of information : he had paffed through all the gradations of office, up to the rank of Governor-generaL In this ftation. he difcovered uncommon a6livity and po- litical talents. It is for his judges and for poflerity to pro- nounce whether his meafures were right or wrong. In a letter from Mr. Haflings and Mr. Barwcll to the Court of Dire6lors, dated the i8th of January 1776, they inform them, that they fend them a plan for the better adminiftration of juftice in the provinces of Bengal, &c. as they are of opinion, that the late act infringed on 3 the 112 OF THE BRITISH GOVERNMENT CHAP. I. the rights gTanted by Parliament to the Governor- general and Council ; and that it had become an im- pediment to the current bufmefs of the revenue. After paying a compliment to the moderation and wifdom of the Judges, they obfervc, that the undefined characters of the courts which had been eftablilhed, required a re- form, and then offer the following fyftem. The principles upon which this plan proceeded were — That the government in India fhould be made an intire one ; the powers which it is permitted to exercife lliould be legally annexed to it ; the di{lin6tions of Nizamut and Duannee iTiould be abolifhed ; the Britifli fovcreignty, through what- ever channel it may pafs, fliould be fupreme ; the a(5ts of Government fhould be fecure againft interruption from warrants and writs, iffued by the Supreme Court of Ju- dicature. Mr. Hastings had flated mofl of thefe principles in Coun- cil, in Auguft 1772. They were, afterwards, examined and improved upon, and the Provincial Councils were eftablilhed in December 1773. In January 1776, he propofed (as has been already noticed with his explanations) the following Courts of Juftice for civil cafes, viz. i. The Sudder Duannee Adaulet, or Superior Court. 2. The Provincial Councils. 3. The Courts of Adaulet Duannee Zillajaut, or Provin- cial Duannee Courts. 4. The Courts of Adaulet Duannee MofulTcl, or Subordinate Duannee Courts. In the pre- ceding comparifon of opinions, the nature of thefe propofed courts ANDTPvADE IN THE EAST INDIES. nj courts has been delineated. He alfo propofed to cftablifh, chap, i. as Criminal Courts — i. The Nizaraut S udder Adaulct. 9,, The Courts of Foujdarry Adaulet. To accommodate thefe courts to the aclual fituation of Hindooftan, Mr. Haftings and Mr. Bar well propofed to give a fpecies of legiflative power to the Governor-general and Council together with the chief Juftice and Judges, af- fembled in the Duannee Court, for the purpofe of forming fuch rules and ordinances as they might think neceflary and expedient for the good government of the country, and the welfare of the natives ; fubje6l:, however, to revifion by His Majefty, agreeably to the A6t 13th of His reign. In examining the preceding opinions, the nature of this legiQative power has been already detailed. Sir Elijah Impey, by direction of the Council, drew up sir Elijah im- a bill, with the obje6l: of confolidating thefe judicial and fjjpj.j", legiflative powers in our Afiatic provinces. Though the tiiem. grcateft part of the particulars comprehended in this bill, have already been recited, it may be proper, in this place, to ftate the principles upon which it was founded, and to fubjoin the recommendation of it by Mr. Hafl:ings and Mr. Barwell. The preamble ftates, that the fole fovereignty of the Britilh provinces in the Eaft-Indies, at prefent, fubje6t to the government and controul of the Company, Ihould be veiled in His Majefty, and his heirs, &c. icferving to the Q^ Indian 114 OF THE BRITISH GOVERNMENT CH.\p. r. Indian Princes the rights which they now enjoy, or which have been fecured to them by treaty with the Company ; and that the Company fliould retain the privileges which it exercifes, either under the authority of acts of parliament, or under its exifting charter. After recapitulating the 13th of the King, for eftabliiliing a Supreme Court of Judica- ture, and fpecifyjng the other kinds of jurifdiclion, fuch as thole of admiralty, &c. already taken notice of, it con- cludes, that the Supreme Court ftiould have the lame powers, privileges, and prerogatives which are enjoyed by His Majefty's Courts of King's Bench in Great-Britain ; and that for the natives, courts of jufticc in conformity to the arrangements of Mr. Haftings and Mr. Barwell ought to be conftituted. The principal deviations, in this bill, from the whole of the preceding plan, they fay, confift in " the " jurifdidlion refpeclively afligned to the Provincial Coun- *' cils, and to the Courts of Adaulet Duannee Zillajaut. " The former are reftridled to the cognizance of fuch " caufes only as had an immediate relation to the public " revenue ; the' latter are intirely freed from dependence " on, and connection with the Provincial Councils; and *' inverted with a jurifdiction, in all cafes, which do not " appertain to the revenue ; and even in the trial of *' complaints from the Ryots againft the inferior agents " of the collections, for exadions not warranted by their *' pottahs or leafcs. For although thefe, as matters of reve- " nue, fliould be properly cognizable by the Provincial Coun- *' cils, yet from innumerable inftances of this kind of op- " prefllon, which, we apprehend, will occur whenever " the (( ANDTRADEINTHEEASTINDIES. 115 the Ryots fliall have a refource, provided for their re- CHAP, i.^ drefs, they vi^ould prove too heavy a charge upon the ** Provincial Councils, and encroach too much upon the *' time, which they ought to befliow on the receipt and *' management of the larger collecSlions." ** We prefume not, he concludes, to look beyond our own local knowledge ; but we dare venture to pronounce, that it will be impoffible to govern the people of this country, by the fixed rules of law and juftice, under any fyftem, how- ever judicious, which fliall not have the fandlion of fove- reign authority, efpecially with courts which are toexercife a concurrent jurifdi6lion, with the high powers granted by Parliament to the Supreme Court of Judicature ."* Though this plan, and the bill which arofe out of it, are inferences merely articles in the hiflory of opinions refpe6ling India, thPn'hoie of hints may certainly be drawn from them, which may be ufe- t''e'fop''i'0"s ful to the public, and to the legiflature, in judging of the fyftem required for the government of our Eaftern paflef- fions ; from the comparifon of them the following inferences may, perhaps, be drawn — I. It will occur, that the government \\'hich had —tending to fubfifted in Hindooftan, anterior to, and at the time ons of the go- when Great Britain obtained its pofrelfions, was a fubjeft f"t"d^"^Bn. perfedly new to thofc who attempted to decide on it : nor ^iib indi.u * Letter fioin ]\Ir. Haftings anJ ]Mr. B.irwcU to tlic Dirciftors, dated 30th Ajinl, 1776. 0^2 was i6 OF TH^ BRITISH GOVERNMENT CHAP. I. was the portion of the Mogul fyftem retained by the fub- vcrtcrs of that empire, lefs a novel and myfterious fubjedl. Under fuch circumftances, it is eafy to account for the cppofitc opinions of the mofl; intelHgent fervants of the Company : one clafs of them recommending the continuance of the Mogul fyftem, and another, the abolition of the treaties tinder which we held our fettlemcnts. One clafs of them jnfifting, that the Zemindars had original and a fpecies of fovereign power in their diflricts ; another afTerting, that this power, though often hereditary, was merely official and contingent ; one clafs of them wifliing to extend the Englilh laws and law courts, to a people who could not un- derftand the one, or have confidence in the other ; and thid liberality, oppofed by the other clafs, from the expediency of retaining the mixed jurifprudence, to which the natives had been habituated. On the whole, therefore, it follows, that the fpecies of government which the Company at firft adopt- ed, arifing out of the nature of territories, acquired partly by conqueft, and partly by treaties, was the only one prac- ticable at the time. Events alone could conciliate the na- tives to their new mafters ; and experience alone could re- concile them to inftitutions, the fuperiority of which they could only perceive, in the fafety and profperity enjoyed under them. Parliament, therefore, did wifely in the enquiries which it inftituted to difcover the real ftate of our Indian pofTeflions, and a6led for the public intereft, in its refolution to engraft as many of the prejudices of the natives on the delegated fovereignty of the Company, as circum- ftances AND TRADE IN THE EAST INDIES. 117 fiances would admit of; at the fame time, it was proper to allow to the natives the benefit arifmg from an im- proving fyftem of government. Had Parliament, inftead of this prudence, annihilated the power of the Company, the natives niuft have looked on their recent conquerors, as they did on Alliverdi, and held them to be the a6lors of a day : nor could" it have been explained to them, or could they have been made to comprehend, how a Conqueror could experience the vicilTitude of being reduced to nothing, by a written mandate from a diftant land ; or conceive, but that the power which had fent fuch mandate, might have been equally fleeting and diflblving in its charadler.. CHAP. I. 2d. It will next occur, from the whole of the opinions on the general, as well as on the particular qucftions, refpecSt- ing the government of our Eaftern pofieflions, that the re- fpe6live rights of the Company, and of the nation, were not, at this jun6lure, either developed or underftood. The law queflions, whether the Company, a6ling as a delegated fove- rcign, could hold the provinces of the Mogul ? Whether the King, confiftently with his dignity, could afTume the chara6ter of a feudatory dependant of the Mogul ? Whe- ther it might not be expedient for the King to chufe fome native to hold the provinces of the Mogul, but to be ac- countable to the State ? tended to no end, unlcfs it was to furnifh fubje6ts for the cafuiftry of the Civilians. At this jun6ture, the Mogul was a dethroned monarch, maintained — tending' fo« fix OLU noti- ons refpefting the rights of Great Britain to its Ailatic provinces. — iiS OF THE BRITISH GOVERNiMENT ^^^'' ^' as the penfioned ally of the Eaft-India Company*. Pri- vileges obtained from him were abfurd, becaufe he had no power to fulfil the conditions to which he might bind himfelf, and yet fuch grants ferved the purpofc of con- ciliating the natives to our government. Privileges derived from the inferior princes (fome of the leffer Rajahs excepted) were (till more unavailing, becaufe all of them were ufurpcrs of yefterday, and had no other confequence than what arofe from grants, extorted from their fallen fovereign, or given to them by the accidents of talents and good fortune, feconded by that of power. And yet, fuch was the line of thinking in India, that even privileges obtained from thefe newly eftabliflied fovereigns, conciliated the natives to the autho- rity of the Company. All, therefore, that Parliament could do, was to prefcrve in force as many of the forms of the fallen empire, conveyed to the Company either in a diredl or indire6l manner, as were required to maintain that rich acceflion to the Britilh Empire. —tending to 3^- It will laflly occur, from the whole of the opinions *'^. '^^.^'".'^ which we have detailed, on the fcheme of introducinjr the ot luiudiction ' !^ rct)uired in Englilh laws into Hindooftan, that the plan was rather libe- ral than prafticable. The laws of a people arife, not from fcientific perceptions of ditlributive juftice, but from the prin- ciple of juftice being gradually developed and accommodated * This, though not esadly a parallel cafe, was fome'.vliat fimilar to the mode of government adopted in all the new fovcrcignties in Hindoorian. The Rajah ot the Mahrattahs was but the political engine of the Peifliwah, as the Rajah of Myforc was of Hyder Ally. to AND TRADE IN THE EAST INDIES. 119 to a6lual life. What nations term their ancient ufages^ are only chap. i. the frequent application of this principle to events, gradually forming rules for their praflice. Hence, the partiality of a people for their ufages, is in fa6t nothing moi-e than the firfl: rudiments of their public education. Their eftablillied fu- perftition tends to imprefs the value of fuch rules upon their minds ; fo that laws become as local as manners. In Eng- land, it is the hiftory of a law which explains its charadter and its tendency to promote the intercfts of the people ; and. it is their acquaintance with this hiftory which gives them confidence in their Courts of Juftice. To have at once transfercd the Englifli law to our Indian fubje6ts, would have been a violent obtrufion of foreign ufages on a really vanquiflied, though nominally allied people. We have gra- dually been obliged to ihift, fince the firfl introdudlion of the Court of Judicature, from Provincial Councils to the for- mation of Courts of Juftice, proceeding upon the principles of the laws, to which the natives had been habituated ; and been compelled to admit the propriety of eftablilliing a diftinition between the fubjedls, who are under the Britilli, and under the Native Courts. Even at this improved mo- ment in the knowledge of Indian affairs, and after we are better acquainted with the fyftems of Hindoovee and Maho- medan laws, and with the pra6lice of their Law Courts, it,, probably, will be found expedient to continue the mode of improving the judicial power in our Afiatic dominions, ra- ther by accommodating it to the cuftoms of the natives, than to make the attempt of fubftituting, at once, the laws of England in the place of the laws of India, T20 OF THE BRITISH GOVERNMENT CHAP. I. At tiie clofe of the war in 1 783, fuch were the impreflions Ml. Dun- of the public, refpc6ting the adminillration of Indian affairs, propoiciiin ^y ^^^^ Company, that a general dcfire feemcd to prevail, •783- for fome mode of regulation for our foreign fcttlements in Afia, which might be better calculated to render them cHicicnt parts of the empire ; and that fomc method might be devifed, by which the proceedings of the Dircvftors flioukl be made more coincident with thofe of the flatc. Men of moderation, however, forcfaw, that differences of opi' nion, upon this fubjcct, might ariie in both houfes of parliament, and it was to be apprehended that great oppofition would be given to any bill propofed upon this national concern. As a plan, however, for Indian affairs was looked for from thofe particularly, who had taken an active lliare in conducting the enquiries of the houfe of commons upon this fubjcct, Mr. Dundas, then His Majefty's Advocate for Scotland, and who had been chair- man of one of the committees, came forward with the following plan, in the form of a bill, for the confideration of the houfe of commons. The part In thc preamble, this bill proceeded upon the privileges rcdlrded^he which the charters of the Eaft-India Company had conveyed fyrtemofgo- fo thcm, in virtuc of different acts of parliament, and in fuitcdforour particular, on the regulations fpecified in the 13th of His poflcffions in i , . ^ India. Majelty. The firft branch of it regarded the foreign govern- vients. It fet out with propofing, that there Ihould be ap- pointed AND TRADE IN THE EAST INDIES. 121 pointed one Governor-general and Captain-general of all chap, i.^ the Britifh fettlements in India ; that he iliould be veiled with the fupreme power over the prefidency of Fort Wil- liam, and over the other prefidencies and fettlements in India, together with the chief command of all the forces, fubjecSt only to fuch orders and infl:ru£lions, as he might, from time to time, receive from the Court of Dirc6lors ; that all the deeds of this Governor-general and Captain-general, fhould be certified under the feal of his office. In the exercife of thefc extenfive powers, however, (except in the cafes of laying on an embargo, or arrefting fufpecled perfons) he was to fummon the council, (which was to confift of four members) to communicate with them, and to hear their opi- nions on any a6l of hoftility, which he might order, on any treaty he might alter or conclude ; or, in general, upon any a6l of government, which he might have in view : The records of the proceedings of the council were to be made up by the fecretary, one copy of which was to be tranfmitted to the Court of Dire6lors, and one to His Ma- jelly's Principal Secretary of State : All a6ls of Govern- ment were to be ilTued in the name, and under the feal of this Governor-general : If any difference of opinion fhould arife between him and the members of council, the fecretary was to enter on the records, the opinion or advice of each member prefent, with the rcafons afTigned for it, fubfcribed by fuch member, and to tranfmit them, with the records of council, to the Court of Directors and to His Majefly's Principal Secretary of State. If the Governor-general Ihould differ in opinion from a part, or from the whole of the R council ,22 OF THE BRITISH GOVERNMEN T CHAP. I. council prefent, then he was, if the cafe would admit of delay, to adjourn the deliberation for, at leaft, the fpace of twenty- four hours, to iffue a fummons to each of the members for their attendance, and, when re-aflcmbled, he was to begin with reading the queflion, and then to allc the opinions of the members, bcnjinning with the youngeft. If a majority, or the whole of the council, flrould ftill differ from him, upon the fubjecl under difcuffion, and he continue of opinion, that the mcalure would be for the fafcty of the State, and for the interefl: of the Company, then he might, after hear- ing and ordering the opinions of each of the members to be entered upon the records, take an oath, and declare, that he, in his confcience, thought the meafure was expedient, and for the Public intereft. Which being done, the refo- lution fhould become valid, and he might command it to be carried into immediate execution : He was then to direct the fecretary to fend four copies of it, and of the reafons "urged by the feveral members for or againft it, over land, by two different meffengers, each of whom was to carry one copy for the Court of Dire6lors, and one for His Majefly's Principal Secretary of State : Two copies were alfo to be fent by an exprefs veffel for the fame purpofe ; and two ctliers by tlie firft chartered Ihip of the the Company. The bill, in the next place, propofed, that the Governor- general fliould have the power of negotiatmg and concluding treaties, of ordering hoftilitics againft any Indian Prince, and of defending the poffeflions «.;f Indian ftates, of which the Company, by treaty, were guarantees; of levying troops, ap- pointing AND TRADE IN THE EAST INDIES. 125 pointing commanders, of making war, or concluding peace ; cuw. i.^ fubjedl, however, to fuch orders as, from time to time, he might receive from the Court of Dire(Slors. Tliat, under his hand and feal, he might iffue warr^fhts for detaining or fecuring perfons fufpecled of ilHcit commerce, or of keeping up a correfpondence with any of the country powers ; but exceptions were made in favor of His Majefty's commanders of fhips, and officers under them ; alfo of the members of council ; of the members of the Supreme Court of Judi- cature ; of the members of the Sudder Duannee Adaulet of the Company's fervants in general, and of any licenfed trader, unlefs on information, by credible witnefles, upon oath ; that he Ihould have the power to fufpend the execution of the fentences of the Supreme Court, in which the puniihment was to be capital, for fuch time, as he might think proper, or till His Majefty's pleafure (liould be known ; and, if fuch fentence affecSled a native of India, he might grant a pardon, abfolutely or conditionally, with the advice and confent of the Council. That he might alfo enter a no/i prcfeqiu in a criminal procefs, if carrying on againft a fervant of the Company for any official act. To render this lyftem more fimplc, the Governor-general was to have the fiipreme controuling power in civil and mili- tary affairs, over the other prefidencies in India, all whofc acts were to be tranfmitted to him, fubject to his ratification or rejection. If any commotion Ihould arifc, or mil manage- ment be difcovered in the fubordinate prefidencies, he was to be empowered, (taking with him his fcal of office and any of the mcml)crs of Council he might think fit and the Se- R- - crctary 124 OF THE BRITISH GOVERNMENT CHAP. I. crctaiy) to repair to the place, enquire into the caufes of the commotion or milmanagemcnt, fufpcnd, amove, and commit to cuflody, fuch perfons as fliould refufe obedience, and could not find fecurity for quitting the fettlement, and to appoint others to their offices until the pleafure of the Directors fhould be known. During the temporary abfencc of the Governor-general, the adminiftration was to be veiled in the Council, fubjedl to fuch orders as they iliould. receive from him. The bill, in the third place, propofcd, that the Go- vernor-general and Council Ihould be named in the a6t, and be amoveable by an order from His Majefty, under his fign manual, c'ounterfigned by one of his principal Se- cretaries of State. This order was to extend to the fub- ordinate prefidencies, and a copy of it fent to the Chair- man or Deputy Chairman, within fourteen days after being figned. That in the event of a vacancy, the Court of Directors were to appoint a fuccefTor to the Governor- general : the appointment, however, to be fubje6t to the approbation of His Majefty. That if the Directors fhould refufe to make fuch appointment, then His Majcfly was to nominate a pcrfon. In this manner the Governors and Members of Council, in general, were to be appointed. That the Directors were to have the power of nominating perfons, provifionally to the fuperior offices, fuch nomina- tion to be fubmitted for His Majefty's approbation, within fcven days after the apjiointmcnt had taken place. None of the Directors were to be appointed either by His Majefly or by the AND TRADE IN THE EAST INDIES. 125 CHAr. L > „ — ^ the Company, to thefe offices, till fuch time as they (hould have been out of the direction for the fpace of four years. In the event of the Court of Directors becomino; dilTatisfied with any of their Governors or members of Council abroad, that. they were to be empowered to repreTent the circumflance to His Majcfty ; and that they were to follow fuch meafures as, in his royal wifdom, he fliould think fit to prefcribe to them. Such reprefentations, however, were not to be allowed to be revifed or refcinded by the Court of Proprietors. That the fenior member of Council was to be Lieutenant-governor ; and, in cafe of a vacancy, to act as Governor till another fliould be appointed, or till he himfelf Ihould be pro- moted ; tranfmitting always information of the vacancy by the fpeedieft means. In cafe of a vacancy in the council, the Governor-general might appoint to it, till the pleafure of the Directors lliould be known. That upon the arri- val of the Governor-general, in India, he was to iffue his proclamation ; then to take an oath to His Majcfly and to the Company, before the chief juftice or a puifne judge, and all the members of Council ; and then to be held as fully inverted with his office. After which, the members of the Council and the Secretary were to take the fame oaths, administered to them in his prefence. This new fyflem was to take effe6l from the time of the arrival of the Gover- nor-general, and his ifTuino; his proclamation^ '^'^.'^ p^'"'' ° 01 of It which regarded the , . iri'1'11 11 fitiiation in The other great branch of this bill legarded the na- whichthena- tivcs, and proceeded upon the principle of preferving to i,'J"iaccTun^ them their laws, ufagcs, and reliirions. With this objedl '^5'" ''^'^ ^'"• - ' "^ w J tiili govern- it nient. ii6 OF THE BRITISH GOVERNMENT CHA P, ij jt propofed, j?)/?, that a fubordlnate legiflative body (hould be formed, in which the Governor-general was to a(5t, by the advice and with the confent of the Council, and of the Chief Juftice and other Judges of the Supreme Court. That this fubordinate legiflative body was to enatt fuch rules and ordinances as they fhould deem to be neceflary and juft, and for the good government of the Britifh polTefTions ; for the collection of the revenues ; for aflefiing and levying fuch taxes upon the houfes and lands of Calcutta as might be required to maintain the internal police of that place ; for fixing and recovering the duties on export, import, and tranfit trade ; for infli6ling and recovering reafonable fines and forfeitures, &c. Thefe regulations, however, were not to operate on His Majcfty's natural born fuhje61:s, in any way repugnant to the laws of England. As intended alfo for the natives, fuch rules were not to be in oppofition to the religions, laws, and cuftoms of India. The fanc- tions annexed to them were not to be capital, for the for- mer, unlefs they were made lb by the laws of England; nor, for the latter, unlefs they were fo by the laws of the coun- try ; and particularly that a Hindoo was not to be deprived of his caft, unlefs he would have forfeited it by the laws of Hindooftan. In the enatlment of rules or ordinances, each member of the legiflative body was to have an a(flive as well as a deliberative voice. The rule, after having been propofed, was to undergo three dillcrcnt readings; then to pafs by the majority of votes, and be approved of by the Governor-general ; but not to be valid till thirty days after it had been regiftered in the Supreme Court of Judi. AND TRADE IN THE EAST INDIES. 127 Judicature, and till twenty day? after copies of it fliould have CHAP. i. been made in the Englilh, PeiTian, and Bengal languages ; and been afHxed in the place where this court was com- monly held. That the clerk of this court was to tranf- mit copies of thefe rules to the inferior, civil and cri- minal courts. To affifl the Governor-general, &c. in form- ing theie rules, the Roy Royan, Superintendent of the Khalfa, Chief Canongoe, Chief Pundit, and Chief Moula- vie, refident at Calcutta, were to be fummoned to the meeting, to explain and to give advice. That copies of all fuch rules were to be tranfmitted to the Court of Di- redtors, the Chairman of which, within fourteen days from the receipt of the difpatch, was to fend them to His Ma- jefty for his approbation. Appeals to His Majefty alfo were to be allowed againfl fuch rules and ordinances within fixty days ; who, with the advice of his Privy Council, might declare them to be valid, or to be null and void. Any fuch regulation was, however, to continue in force till forty days after its annulment, made on the part of His Majefty, fhould be publifhed, as the rule had originally been. The bill next propofed, that the Governor-general fhould be allowed a falary of ^(".25,000 per annum, and each of the Members of Council a falary of ^.10,000 per annum. Thefe fums were to be in lieu of every other advantage ; for, the Governor, &c. were to be prohibited from receiving gifts or prefents ; and were not to be engaged in any but in the public fervice. The other fervants of the Company were to 4 be 128 OF THE BRITISH GOVERNMENT CHAP, i.^ te fubjcct to the like conditions, with the exception of fees paid to lawyers, phyficians, and chaplains. That if any fervant of the King or Company fhould be proved to have taken a gift from any Indian Prince, or from the natives, he was to be made liable to pnnifhment by the Supreme Court ; and on conviition, to forfeit double the value re- ceived, one moiety of which was to be paid to the perfon informing, and the other to the Company. That in particu- lar, fuch of the fcrvants of the Company who might be em- ployed in the collection of the revenue, were to be prohibited from carrying on any private trade on their own account, under the pain of forfeiting the goods and treble their value. That the interefl; of money was to be fixed at 12 per cent. and an offender, againft this regulation, was to forfeit treble the amount, and the informer was not to be perriiitted to compound, or to agree with the party againft whom his in- formation had been lodged. That if any fervant oY the Company fliould rcfign, or be difmiffcd from the fervice in India, it lliould not be lawful for him to carry on any com- merce in India, except for the difpofal of his ftock in hand ; and if accufed of breach of trufl, upon convi6lion, lliould be fent home to England, unlefs he could find fecurity to re- move within a fpecified time ; and no fentcnce of this kind to be compounded for. The bill propofed, in the third place, that the fubordi- nate prefidencies of Madras, Bombay, and Bencoolen, flioukl each have a Governor and a Council confiding of four mem- bers. That the Governors of fuch fcttlcmcnts fliould have ^ 6 ncga- AND TRADE IN THE EAST INDIES. 129 negative, but not the power of a6ling againft the majority chap, i.^ of the members of their councils. That they were to be fubje6t to the fame rules of appointment, fuccefTion and recall, with the Governor-general, &c. ; and that they, and the Com- pany's Agents or Minifters at the Indian Courts, were to carry on a regular correfpondence with the Governor-gene- ral, and to receive and obey his inflruftions or orders. That the Governor-general, Councils, and Judges, and the Go- vernors and Councils of the fubordinate prefidencies were to have the powers of Juftices of Peace, and of holding Quarter-fefTions ; and if they lliould be guilty of any of- fence againft this a6l, it was to be tried in His Majcfty's Court of King's Bench, in the fame manner as if the oftence had been committed in Middlefcx. That in cafe an indict- ment or information, Ihould be lodged in the Court of King's Bench, of crimes committed in India, upon fending a writ of mandamus to the Supreme Court of Judicature or to any Mayor's Court in India, thefe courts were to examine evidence •viva vocCf to tranfmit the refult, to give copies to the agents of the parties; and that this evidence was to be held to be the fame, as if it had been taken in the Court of King's Bench. That if the mandamus iliould be direfted againft a member of the Supreme Court, the Governor-general and Council were to examine the cafe, take the evidence, and fend the proceedings to England. That in the cafe of fuch offences being committed in India, as were cognizable by parliament, the Chancellor, or Speaker of the Houfe of Commons were to be empowered to ilTue their warrants to the Governor-general and Council, and Judges, to cx- S amine 130 CHAP. I. OF THE BRITISFI GOVERNMENT amine witnefles, and to make a report, which report was to be held as legal evidence ; and thefe proceedings were to remain in force, though parliament iliould be prorogued or diflblved. With regard to the tenures of land in Hindooftan, it was propofed in this bill, that in fo far, as the good govern- ment of the fettlcments would admit, the Rajahs and Ze- mindars fliould be re-inftated ; pottahs given to the Ryots at reafonable and fixed rates, enquiries made and the moft expedient method adopted for making fuch refloration, fet- tling the quantum of tribute, modes and days of payment : and, to protect the Ryots from extortion, the Courts were to be empowered to inflict punifliments proportionate to the offence. The pxrt which re- garded the immediate fcttlcnient of the reciprocal claims of the Company and of the native powers on each other. Besides thefe general obje6ls, it w'as farther propofed to take meafures for fettling the rcfpective claims of the Company and of the country powers ; in particular, for adjulling and liquidating the debts of the Nabob of Arcot and Rajah of Tanjore, in fuch a way as might ena- ble them to fulnl their engagements with the Company, and to contribute to the defence of their refpc(ftive ter- ritories. For thefe ends, the Governor-general and Coun- cil were to tranfmit the rel'ults of their enquiries, on the fubje6t of the debts of the Nabob of Arcot and Rajah of Tanjore, to the Dire6tors, and to His Majcfty's Principal Secretary of State ; as alfo, accurate lifts of the civil and military eftablilliments and emoluments of the Company's fervants in India, that meafures might be taken for re- trenching AND TRADE IN THE EAST INDIES. ^31 trenching expenfes, and leftoring profperity to the Com- chap. i. pany's affairs. This bill evidently was founded upon the general idea, General ten- th at during the term of the Company's charter, the admi- piopofed biu. niftration of their affairs required the a6live interference of the executive government, and, in this point, the opi- nions in Parliament, for and againfl the bill feem to agree** On the one hand, it was allowed, that a government which fliould have energy and extenfive powers, in India, was re- quired ; and, on the other, that a refponfibility more de- fined than in the a6l of the thirteenth of the Kins:, was neceffary. The principle of the bill, therefore, was al- lowed to be proper, and the only difference of opinion, was, refpedling the checks which it might be expedient to have over this controuling power, in its operation* Without entering upon queftions which events have fully explained, it will be fufEcient to obferve, that out of this plan arofe the fyftem, which has fmce that time been adopted, in vi^hich the controul of the ftate over Indian affairs has been eflablilhed ; the fubordination of the other Prefidencies to that of Bengal, clearly marked out, the rights of the natives to their lands, &cc. put in the train of being afcertained, and, ultimately fettled on equitable terms ; and the points in difpute between the Company, the Nabob of Arcot, and the Rajah of Tanjore, adjufted. ^ Sec Debates — Parliamentary Regifter, 17S3. ■ S 2 The 132 OF THE BRITISH GOVERNMENT CHAP. I. TuK expenfes incurred during a long and general war, in India, having brought the Company's affairs into fuch diflrefs, that immediate relief was required, Sir Henry Fletcher, while this bill was pending, moved for leave to bring in a bill to grant to the Company a further time, to recover from the lofles, which they had fuftained, and for a delay in the payment of certain fums due, by them, to the Public. The plan for the government of India, of which we have given the outline, was loft in the dilputes about this more immediate concern. Mr. Fos's The fame impreffion which had led to the preceding biiispiopofcd i^^ f^iji continued with the Public, and brought forward m. 1703. -i ' o Mr. Fox's bills, for the better regulation of Indian affairs, domeftic and foreign. We lliall, therefore, take them, in their order, ftate the principles upon which they proceeded, the propofitions contained in them, and the arguments ad- duced by the Company againft their being adopted by the Legiflature. Hispropofiti- The bill which had the domejlic arrangement of the Com- garded'thear- p^uy's affaits for its obje6t, fcts out with the preamble, that ningement of clifordcrs of an alarminsr nature and macrnitude had lone the nomcltic "^ => O aftairsofthc prevailed in the adminiftration of the territorial poffeffions. Company. -,.,., •it-.oti- revenues, and commerce or this kingdom in the Eaft-Indies ; that, in confcquence of them, the natives had been re- duced to diftrefs, and the public interefts in India, in dan- ger of being ruined. A remedy, therefore, had become abfolutely AND TRADE IN THE EAST INDIES. i-. jj abfoliitely neccflary, and the following was propofed, viz. CHAP. i. That all the powers which were exercifed by the Directors and Proprietors of the Eaft-India Company fliould be dif- continued, and the Company no longer entitled to hold Spe- cial or General Courts ; any charter, ufage, law, or ftatute, to the contrary, notwithftanding — That, therefore, feven per- fons, named in the A61:, were to be appointed Diredlors or Commiflioners, conflituted members of the Company, and veiled with the powers of the former Dire£lors and General Courts of Proprietors. — That to thele Diredlors was to be committed the management of the territorial poffeiTions, revenues, and commerce of the Eaft-India Company ; and to enable them to difcharge their duty with effect, they were to be put in pofTcflion of the lands, warehoufes, books, records, charters, fhips, goods, mer- chandizes, money, and fecurities for money belonging to the Company; and to adminifter the whole for the be- nefit of the I^roprietors— That they might be enabled to ma- nage the commerce, nine Aflitlant Directors, named in the a6t, were to be appointed from among the Proprietors who fhould be poflefTed of ;(C. 2,000 capital (tock ; thefe Sub-direc- tors were to be bound, from time to time, (and as often as they fhould be required) to render an account of their tranfactions and proceedings to the Directors ; and to obey whatever or- ders they might receive from them ; That the Dire6tors were to take an oath, " to be indifferent, and equal to all man- *' ner of pcrfons, and to give their belt advice and aflifl- ** ance, for the fupport and government of the Company,. " and for the good management of the territorial poflclhons, " revenues, and commerce of this kingdom, in the Eaft- " Lulics.'" ,,4. or THE BRITISH GOVERNMENT CHAP. 1. " Iiulics."* That the AfTiftant Dire6lors were alfo to take ' an oath, " that they would be indifferent and equal to all " manner of perfons, and that they would carry on, ma- " nagc, and improve the trade and commerce of the Eaft- *'• India Company, to the beft of their Ikill and under- " il:anding."t That if a vacancy fl-iould happen, among the Dircdors, by death, refignation, removal, or otherwifc, it lliould be filled up by his Majefty, by an order under his fign manual; that if a vacancy lliould take place, among the Afliftant Diredors, it fhould be filled up by the Pro- prietors as qualified in the a6t, the thirteenth of the King. The Proprietors, in this eledion, were not to vote by bal- lot, but in open court, fpecially fummoned for that pur- pole, where they were to fubfcribc their names, under the. name of the perfon for whom they voted. That, if upon enquiry, five of the Directors fliould, at any meeting, find that any of the Affiftant Dire6lors had been guilty of neg- lect or of mifdemeanor, in executing the duties oWiis office, or of wilful difobedicnce to any of the orders of the Directors, then they were to be removed and difplaced ; and the Di- redlors were to enter in their journals their reafons re- fpccliveiy for fuch removal, figned with their names : That two of the Dircvflors, named in the a6t, were to the Chair- man and Deputy Chairman ; and the Deputy was to fucceed of courfe, in cafe of the death or removal of the Chairman ; if a vacancy happened in the office of Deputy Chairman, * See the Aft as printed for the Houfc of Lords. + Ibid. 3 the ANDTRADE IN THEEAST INDIES. , i jj the Dire6tors were to fill it up, from amonfr their own chap. i. number ; that the Chairman and his Deputy were to have the power of fummoning extraordinary meetings of the Direftors, and of laying the bufipefs before them; the Di- reftors were to give their votes openly, and when any of them jliffentcd from the refolutions of the Board, they were to enter their reafons on the journals ; that no perfon furnilli- ing the Company with fliipping, military ftores, or any arti- cle of inveftment outwards, was to be capable of being either a Dire6tor, or Affiflant Director ; nor any perfon againft whom authenticated charges, on the records of the Com- pany, fliould have been made (within two years before the time of his nomination) of peculation, or of opprelTion in India, until the Directors, or three of them, ihould have examined the charge, and declared the perfon not to have been guilty ; and, that no fervant of the Company llioiild be eligible, as Dire6tor, or Afllftant Director, within two years after his return to Europe. It was propofed far- ther in fpecifying the duties of the Dire6tors to the Public, that they were to lay before the Proprietors, in a General Court, to be for that purpofe affcmbled once in every fix months, an exa6l (late of the debts and credits of the Company, the lirfl coft and charges of their inveft- ment, outward and inward, and the fums in India applicable to iiiveftment, with an account of the (hipping and of the produce of the fales, and the ftate of the warchoufes at home and abroad ; that the Proprietors were not to have the power of fummoning a General Court more than once in evciy three months, which court, at the fame time, nuift be af- fcmbled. 1.6 OF THE BRITISH GOVERNMENT '0 ' J CHAP. I. fembled, or called, by the Dire6lors, or three of them ; but it was to be lawful for any nine, or more of the Proprietors, to apply to the Dire6tors (each of thefe Proprietors being poflfcfled of £500 capital fjock) tofummon a General Court within ten days after fuch demand ; or in default of the Di- rectors, or any of them, refufing to fummon fuch General Court, that then fuch nine Proprietors, or a greater number upon ten days notice,to be given in writing, and fixed up in the Royal Exchange, were to have the power of fummoning and holding a General Court of Proprietors. That the Di- re6lors were, twenty days after the commencement of each Seflion of Parliament, to lay before the Commiflioners of the Treafury, to be by them laid before Parliament, an account of the territorial and other revenues of the Company in India, eftimatcs of the civil, naval, and military cftablilh- ments there ; an account of the bond and other debts in India, fpecifying what belongs to each Prefidency ; w^ith a ftate of the trade as laid before the Proprietors at their laft General Meeting. The Directors were to have the farther power of fufpending, difplacing, or appointing perfons to offices, civil or military, in the fervice of the Company, either within this kingdom or in India: that when any charge of corruption, peculation, breach of orders, &c. which (hould be exhibited before any of the Prefidents and Councils abroad, was tranfmitted to the Court of Directors, they were within twenty days after receiving fuch information, to enter on the examination of the charge; and if they fliould not think prepcr either to recal the perfon, or to order a pro- fee ut ion AND TRADE IN THE EAST INDIES, 137 > ' fecution againft him, they were to enter their reafons, in CHAP. i. writing, upon their journals, and to proceed in the fame manner, in complaints made by any of the native Princes, dependant upon, or under the protection of the Company, againft their fcrvants abroad. That if any charge (hould appear upon the Company's records againft any of their fervants, they were not to be permitted to return to any part of India, or to be employed in any office in the fervice of the Company, till the Directors fhould have made a full and particular examination into the conduct of fuch perfons, relative to fuch charge ; and if they fhould permit them to return, they were to enter their rea- fons upon their journals. That in cafe of any difputes between the Governors and Councils, or between the fubordinate branches of the Company's eftabliftiments, the Directors fhould, within twenty days after receiving official infor- mation, enter upon an examination and enquiry into the fub- ject, and either decide on it within three months, or enter their reafons for delay upon their journals, figned with their refpective names. That they were to be bound, within three months after their receipt of the requifition of any of the prefidencies abroad, relative to any difpute fubfifting among them, to return an anfwer, opinion, and direction, entering on their journals their reafons figned with their refpedive names. That if any Indian Prince fliould complain of a breach of treaty, or of an injury or wrong done to him, by any of the Company's civil or military fervants, the Directors were to examine the cafe as fpeedily as might be, and to do jnftice T for f 138 OF THE BRITISH GOVERNMENT i «■ .. ' CHAP. I. for fuch breach of treaty, wrong, or grievance ; that they were not to have the power of puniihing the breach of any bye-law, unlefs the penalty annexed to it fliould be approved of by a majority of the Proprietors, having jT. 1,000 of capital ftock. That three of the Directors were to form a board, and that the Chair- man (or Deputy Chairman, in his ablence) was to have two voices, or the cafting voice. That the Secretary to the Board of Dire6lors was to fign all difpatclies to the fettlements abroad, and that the accounts already fpecificd, which were formerly to be figned by a particular number of Directors, were now to be figned by three of thefe Directors. That the Directors and afliftant Directors were to be declared incapable of holding any other office, in the fervice of the Company, or any place of profit from the Crown during pleafure. That the Dire6lors were to be removeable, upon an addrefs of either of the Houfes of Parliament to the King. Thefe Di- rc<5lors were not to be difqualified, under the provifion of the act of the fixth of Queen Anne, from fitting in the Houfe of Commons. That each of the Afliftant Directors were to be allowed a falary of ^^.500 per annum, during the time of their holding the office, and to be difqualified, in confe- quence of holding it, from fitting in the Houfe of Com- mons ; and (hould fuch Affiftant Director be elected, and take his feat, that he ftiould forfeit for every day fo fitting, jr.500 to the peifon fuing him. That this act was ^o take effisct, on receiving the Royal Afient, and to continue in force for four years*. * Fr«ra the copy of ^Ir. Fox's bill, as printed by the Lords. Though AND TRADE IN THE EAST INDIES. 139 Though this propofition for the domejlic regulation of the CHAP. i. Company's affairs, was intimately connected with that which objeaions was brought forward for the government of x\^€\x foreign Eaft-Tudil'^ pojfejjions, the arguments which were adduced by the Com- ^^ahlft'thi pany againft this bill paffing into a law, ought to be propoCtion ftated apart. a law. I. The Company admitted, that diforders had prevailed in their fettlements abroad, which were of an alarming: nature and magnitude, but faid, that inflead of originating in the Court of Directors, they might be traced either to the want of power in that Court to enforce obedience to their orders, or to the ambition and interefted fchemes of indivi- duals among their fervants abroad, who knew that the Com- pany had no power to punifli them, in any other way, except by difmiffing them from the fervice. That in the year 1767, the Company had alked to be vefted with the power of pu- nifhing their fervants abroad, for difobedience of orders, but it was not thought expedient, at that juncture, to confer it on them. To their want of power, therefore, to controul the conduct of their fervants, had been owing the confufion in their councils abroad, and that animofity among their fervants, which had worked them up into contending fac- tions. That the diforders of a public nature, had arifen from the war in Europe extending to India, for this had aflfbrded the French an opening for cabal and unfair inter- ferences, and enabled them to engage the country powers in a general combination, for the cxpulfion of the Englifli from their different fettlements. Thefe were facts univer- T 2 fally I40 CHAP I. OF THE BRITISH GOVERNMENT ially known and admitted. If the war, then, did not origi- nate with the Company, but in events of which they were not the authors, the difordcrs which had prevailed in India during the progrefs of that war could not be wholly afcribed to them. The enormous debt which they had been obliged to contract, in confequcnce of this war, might be an argument for granting them relief, but could not, furely, be a reafon for depriving them of any of the privi- leges they enjoyed under their charter. 2. The Company next defended themfelves, by flating, that it could not be alledged againft them, that they had, in any degree, ncgle(?led to carry the Eaft-Indian commerce to its utmoft extent, and produced accounts of their exports, imports, number and tonnage of their fliips, and duties paid to the ftate, anterior to the war, and during its continuance, adding the profpe6ls which peace was now offering to them ofreftoring their affairs. Whether their fervants had ac- quired fortunes honeflly or diJ}:oneJlly they held to be out of the queftion ; if honejlly^ there could be no blame in taking up money from them, for bills on England, to fupport the war ; and if dlponejlly^ it could not be fuppofed, during fo trying an exigency, that they could enter into any exami- nation of the fad, more particularly, when they had no other power, than that of difmilTmg the delinquents from their fervice ; if they had refufed to accept of this money, it would neceffarily have paffed through foreign companies to Europe, and indiredtly might have been made a refource to AND TRADE IN THE EAST INDIES. 141 to our enemies. The debt was now contraded, and it mud chap. i. be paid. 3. The Company pleaded, in the third place, that as a body corporate, they ought not to be deprived of any part of their privileges, unlefs they had violated fome of the condi- tions in their charter ; and even if they had violated thefe con- ditions, that they ought to be put on their trial ; if a trial was denied them, then it would eftablilTi as a principle, that a royal charter, proceeding upon an agreement with Parliament, might be annulled by another adl of Parlia- ment ; and that the propcrry ^t fuch body corporate might be put into the hands of truftees not accountable to its owners, but to the Public. I'he thirteenth article of the Bill of Rights had confirmed charters?, as folemnly as it had done the other lights of Englithmen ; what, therefore, the fituation of the Ealt-India Company would be, with re- fpedt to their charter if this bill palTed, might become that of any other chartered body 111 Britain. 4. The Company argued, in the fourth place, that the fituation of rhc Aifidant Diieclors, v\'ho were to manao-e the trade, muft preclude them from that freedom, which was required to carry it on virji fpirit ; that the new Directors, though conftituted members of the Company, were not inquired to be Proprietors, and had not been bred or cocu domed to commercial afi'airs. To be a merchant, required fludy and practice ; and though the truft might be managed with the mofl; pure and patriotic inten- 142 OF THE BRITISH GOVERNMENT CHAP. I. intentions, it could not be managed well by perfons un- acquainted Avith commerce. Should the revenues be af- fumed by the Public, and a compenfation be given to the Company, for the remainder of their term, they might then complain of a hardlliip, but could not of an injuftice ; and that, at all events, if they were to be held as unfit to manage their own affairs, and thefe to be put into the hands of truflces, it would be but reafonable, that thefe truflees> fliould be made ultimately accountable to the Proprietors. 5. The Company infifled, in the lafl place, that by putting the management of their affairs into the hands of the new Dire(5lors, a kind oi fourth ejlaie in the realm would be formed, able to check the energy of the execu- tive, or the deliberations of the legiflative branches. Thefe new Directors, they afferted, would not be under controul, as the refponfibility was not to be removed from the Secretary of State, and their continuance in office, for four years, might give them an undue influence in the elections for the fuccceding Parliament. These arguments had the effecl to create an alarm, which terminated in an opinion, that the propofitions had not arifen out of a proper view of the chartered rights of the Company, and that they did not comprehend regula- tions, calculated to introduce a better fyftem for the admi- ftration of Indian affairs. Thb AND TRADE IN THE EAST INDIES. 143 Company, The bill which had the arrangement of the Company s fo- chap. i. reign affairs,, for its obje£l, was introduced with the fol- Hispropofi- 1 • ' 1 r • 1 IT Ml tion which lowing oblervations, " that great dilorders had prevailed regarded the *' in the Britifh territorial poffefTions in India, and that orthSlgn ** the laws of this kingdom had not been obeyed, by many 1*^'"" °^ '^^^ *' of the fervants of the Company of Merchants trading to " the Eaft-Indies." To remedy thcfe evils, the bill propo- fed to declare ; that there was not, nor had been granted any privilege or authority, pre-eminence or jurifdi6lion, by the 13th of His Majefty, to the Governor-general and Council of Bengal, or to any other perfon, in the fervice of the Eaft-India Company, which did, or fhould exempt them from a flrift and faithful obedience to the orders of the Directors, or of the CommilTioners, to be named and appointed, under this aft, to govern and manage the affairs of the United Company. It then propof- ed to declare, that all the general and fpecial orders of the Court of Direftors, for regulating the condu61: of the Governor-general and Council, or of any perfon in the fervice of the Company, fliould be implicitly obeyed, until notice Ihould be given, by the Commiffioners, of any alteration, revocation, or repeal of them. It next ftates, that the claufe in the a6t of the thirteenth of His Majefty, had been conftrued to refer to certain forts and factories only, and not to every part of the pro- vinces of Bengal, Baliar, and Orifla; but that, it did, and Ihould be underftood to refer to all the rules, ordi- nances, and regulations, iffued by the Governor-general and Council, relative to forts and factories, or other fubor- ^ dinate ,44 OF THE BRITISH GOVERNMENT CHAP. I. dinatc places, and to extend over whatever clafs or defcrip- tion of pcrfons thefe ordinances were to operate. That fuch rules flioLild be regiftered and piiblilhed in the Supreme Court of Juftice, and the fubftance of them tranflated into the Perfian and Hindooftan languages, and affixed in fome proper place, in each and every provincial court within the provinces of Bengal, &c. or within the territories to which they related. It farther propofed to declare, that the powers of the Governor-general and Council, and Prefi- dents, and Councils, lliould, on no occafion, be delegated to fuch Governor alone, or to any perfon or perfons what- foever. And in cafe the Governor, or any other perfon fhould be employed in the execution of any fpecial commif- fion, a full report fliould be firft made to the Governor- general and Council, refpe6lively. The bill then ftates that all correfpondence fliould, in future, be addrefTed to the Governor-general and Council, and that all letters from perfons in offices of truft, addrefled to the Governor-gene- ral, or any Member of Council, or to their Secretaries, fhould be laid before the Council, when the fame fhould be received. The Governor-general was alfo to have the power of pofl- poning or adjourning anyqueftion, that might come before the Council, for a certain number of .days. The Governor and the Council, as well as the Prefidents and Councils, were to be prohibited from ceding to, or exchanging with any native prince or flate whatever, any territory which was in the poffeffion of the United Company, or of any of the dependent Princes or States, or to accept of any acqui- fition from them, to the territories of the Company, 4. with- AND TRADE IN THE EAST INDIES. 145 without orders from the new Board of CommiflTioners. That chap. i._ the Governor-general Ihould not have the power of invad- ing or entering, with an armed force, into the territory of any native independent Prince or State in India, except "upon intelligence (the credibility and importance of which ihould be allowed by a majority in Council, declared by them in their minutes, and fubfcribed by each member compofing fuch majority) that fuch Prince or State was about to make war on the territories of the Company, or on the Princes or States dependent upon them. That the Governor-general and Council, were not to be permitted to enter into any ofFenfive alliance for the purpofe of dividing or fharing any country between the Company and any native Prince, without orders firfl: received from the Commiflioners ; nor to hire out to any Native State or Prince, any part of the Company's Britilli or Native troops, nor to enter into ^ny treaty for keeping up a body of fuch troops, in the coun- try of any independent Prince or State. That none of the governments were to employ in any office, any perfon, Na- tive or Britifh, who fhould have been removed from an office or ftation, for any mifdemeanor, or other offence, without authority firft obtained from the Commiffioners. That the Governor, &c. and the Company's fervants in general, were to be prohibited from renting or letting any farm, or land, or any property whatever, to any Banyan or Native Steward ; and if fuch a cafe fhould occur, the farm, &c. was to be deemed to be for the principal, who was to be obliged to account for the profits to the Company ; that all monopo- lies, or rights of pre-emption and preference of any com- U modities. 146 OF THE BRITISH GOVERNMENT v CHAP. I. modities, in any of the Company's fettlcments, wove to be declared, contrary to law, and void ; that no debt, abo\e a fixed amount, incurred by an advance for the fupport of any manufaiflure, or for the purchafe of mate- rials ; or to any hufbandman for any raw commodity, Ihould be recoverable in any court, or by any action or fuit at law, after a certain time ; nor fliould it be lawful to imprifon any perfon, whatever, for or by reafon of any fuch advances. Thatprefents, gratuities, &c. ha\ing been taken contrary to the true intent of the act, the thirteenth of the King, and the receipt of therA defended, by pretending that they were for the ufe of the Company ; it was, therefore, propofed, that if fuch prelent fliould not have been cor- ruptly given, to obtain any place, or other object, to which the perfon giving the fame Ihould not be entitled, it fhould be redelivered to him, or to his reprefentatives according to the cuftoms of the country, and that fuch perfon ihould be entitled to recover the amount by an adtion at law. If a prefent were corruptly given, to obtain any place, or other obje6t, relating to the Company's fervice, then the perfon giving it fhould not be intitled to recover ; but the amount fliould be recovered for the ufe of the Com- pany ; if neither the perfon giving, nor the Company, fhould fue for the amount, then any perfon might fue for it, and receive it for his own benefit. If any perfon directly or indire*^ly, Ihould receive prefents from any In- dian Prince, or native, upon any account or pretext what- ever, and be clearly convidted thereof, in the Supreme Court of Calcutta, or Mayor's Court, or Court of competent Ju- ♦ rifdiction AND TRADE IN THE EAST INDIES. 147 lifdidlion in England, then he fliould be liable to certain chap. i. penalties*. The rents paid by landholders to the Company having been raifcd, lands farmed out at new rates, and ancient far- mers and proprietors having been difpoflefled, it was propofed, that all lands, within the provinces of Bengal, Bahar, and Orifla, or in territories under the adminiftration of the Company, ihould be deemed to be the eftates of the native landholders or farmers, who had formerly held them, unlefs they had been difpofleiTed of fuch lands, by the judgment of fome competent court, for fome crime, mifdemeanor, or iiegledt of payment ; and thefe lands were to be held by them, according to the cuftoms of the country without any molef- tation or difturbance from the Company or their fervants. It was, however, to be untlerftood, that this claufe was not to deprive the Company of the rent or tribute, which might be due to them from fuch native landholders, or their defcendants, nor to prevent them from taking any means confiflent with the laws and ufages of thefe countries, for recovering or obtaining payment of fuch rent or tribute. With the object of quieting the minds of the native Princes, and preventing corrupt pra6tices, on the part of the Company's fervants, the rents were to be fixed and permanent, at an amount which had been paid, or agreed to be paid by the native landholders, in fome pre- * In the bill, as printed, for tht ufe of the Commons, the penalties to this claufe are not annexed. U 2 cedin 14S or THE BRITISH GOV ERN'MENT CHAP l.^ ccdir.g year to be fpecifietl, and no other charge or payment was to be exacted. On thel'e terras the farms were to be reflorcd to the former landholder"^; but if they, or their heirs, or defccndants, fliould prefer tl;e penfions they had been accuftomed to receive, in lieu of their lands, the fame fliould be continued to them without any diminution. It was further propofed, that the native Princes or States in India, having the management of their own revenues, but engaged by treaty to keep up a body of troops for the fer- vice of the Company, fliould be declared to be under the protedion of His Majcfly. As the preamble of this bill had fet forth, that unwar- rantable adls had been committed in, and relative to the territories and revenues of the native Princes and States, the Commiffioners were to be empowered to bring the Company's fervants, w^ho might be guilty of fuch a6ls, before courts of juftice, both in India and in Great Biitain, for trial. None of the Company's fervants, civil or military, were to be permitted to be agents to, or to farm the lands of any protected Prince or State in India. If any fervant of the Company, civil or military, fliould invade, or make war on the territory of any native power, with- out having an order, in WTiting, under the hands of the Governor-general and Council, upon his being con- victed, before the Supreme Court of Judicature, or Mayor's Court, or Competent Court, in an inferior fettlement, he was to be liable to a penalty *. No prote6ted native Prince * The penalty is not fpecificj ia tie bill. was ANDTRADEINTHEEASTINDIES. 149 was to be permitted to have Princes dependent on him or ^^2i^\__^ engaged for payment of tribute, or for furnifhing him with quotas of troops, otherwife than fuch dependent Princes flood chargeable, at a period to be fpecificd ; thefe fupphes of troops w.re not to be required of them, without the orders of the Governor-general and Council of Bengal, or Prefident and Council of any other principal fettlement. The fuccef- fion to the territories of thefe protecled native Princes was to be regulated, according to the laws of the country, and to the faith of treaties. No prote6led native Prince was to be permitted to rent, or to take any leafe of lands from the Company ; nor were they to be permitted to refide, for more than a limited time, in any of the Company's fettlements, unlefs, when expelled from their own dominions, they took refuge in thof^ of the Company, None of the Company's fervants, civil or mihtary, were to be permitted to borrow or lend money, or to farm iands or revenues, or to be concerned in any tranfadlion of com- merce, with any prote6ted or other Prince or State, and if convicted of fuch offence, to be liable to a penalty*. No prote£led native Prince, or State, was to be allowed to dif- pofTefs any fubordinatc Prince, Zemindar, or Land-holder, or to encreafe the rent, or tribute paid by them, beyond what had been paid at a year to be fpecified. All dilpofleirei native Princes or Sovereigns were to be reflored. Neither the Nabob of Arcot, nor the Rajah of Taujore, nor any * This penalty is not fpecificd* 3, Other ,5o OF T H E B R I T I S H G O V £ R N M E N T CHAP. I. other prote6led native Prince in India, were to be permitted to afTigii or mortgage or pledge, his territories, or the pro- duce or revenue of them, to any Britilh fubje6t ; and if fuch affignments had been made, they were to be recovered by fuch native Prince from the perfon who had received them, or from his reprefentatives : nor was it to be lawful for any Britifh fubje6l, to take any kind of payment from a na- tive Prince, for a debt then due, (except fuch debts had been confolidated, in a year to be fpccified, allowed by the Direi?lors, and ordered to be recovered) until proof ihould be brought to the fatisfaclion of the Commiflloncrs, that the debt was fairly and bond Jide contracled. The Com- miflioncrs were enjoined to enquire into the foundations of the dilputcs between the Nabob of Arcot and the Rajah of Tanjore, that they might be fettled upon the bafis of the treaty 1762, and to tranimit orders to that cfFe|Cflioil5 As it fccmcd proper, when bringing under review the propofitions, which regarded the domcflic arrangement of niiife by the tlic Company's affairs, to ftate the objc6lions which the Conijiilny"* Company made to their pafling into a law, the fame method ;ir,3ir.a tiufc may be followed in flatinii thofc which they offered acainlt I'aiii.ig iiuoa the propofcd adminiltration of their foreign affairs. I. The Company, in the firft place, admitted, (notwith- flanding all the regulations in the A6t, the thirteenth of the King,) that ffill numerous defedts might be difcovered in the exifling fyftem of their foreign governments in India; but maintained at the fame time, that thefc evils could only be remedied, during the period of their charter, by new and more efficient regulations ; and to thefe, they would be ready to pay the moft implicit obedience. However pro- per, they contended, the propofed fyftem might be, upon the fuppofitions, that our Indian provinces had been acquired by an abfolute conqueft, and not obtained by treaties founded on fuccefs in war ; or upon the fuppofi- tion, that the provinces were inhabited by colonies fent from this country ; it certainly would be inexpedient, if not impracticable, to eflabliili it, when the a6lual relation of Great Britain to the natives of India, was taken into con- Cderation. If the armies of the Eaft-India Company had gained vic- tories, their foreign governments had found it expedient to pntcr into the moft folcmn treaties with the nominal and fubfi fling AND TRADE IN THE EAST INDIES. 153 fubfifting powers in India ; and had not only in thefe trea- chap, i.^ ties, but by their fubfequent condu6t, pledged the honor and faith of the Britifli nation, to maintain the eftabliflied fyflem of Mogul government, and to preferve their ancient inftitutions to the natives. Some of the Sovereigns, as the Mogul himfelf, had nothing to convey to us, but the pre- judices of the people ; others of them had diftri6ls to yield to us, and others of them had Sovereignties which they had lately affumed or ufurped, to participate and to divide with us. Though the fabric of the Mogul government had fallen, ftill the powers of all thefe defcrip- tions were (heltering themfelves among its venerable ruins, and, with filent, but watchful feelings, looking upon them as ramparts, behind which, lliould we do more than make them our tributaries, they were ready to expire. Would it then (faid the Company) be prudent to force upon na- tives of India afyftem which they could confider in no other light, than as didtated by a conqueror ? and would it be prac- ticable, both to allow their ancient forms to remain, and yet to fubjedt them to foreign inftitutions, which, how- ever excellent in themfelves, they could not underftand ? This fyftcm, they aflerted, was to make the ordinances and regulations of the Governor-general and Council, after hav- ing been tranflated into the Perfian and Hindoovee lan- guages, the fupreme law for the natives *; it went to pro- hibit the dependeiit native Princes from levying duties be- * See claufes 4th aad ;th. X yond 154 OF THE BRITISH GOVERNMENT CHAP, i.^ yond a fixed amount, or to farm any land for more than the f-jin it had been let for at fomc preceding period*; it was to controul thcfe dependent native Princes in the ex- ercife of their authority over their own inferior depen- dents, and yet it was to make the Zemindars and Polygars, in a meafure, independent of their fuperiors;t it was to pro- hibit the native Powers to affign any territory, or produce, or revenue from it, in payment of debts to BritiiTi fubjects ; j and not to allow them to refide in a Britilh province, unlefs driven from their own dominions, they came to take refuge in ours ;§ it was to prohibit the dependent native Princes from making offenfive or defenfive alliances with other na- tive Princes, or from ceding pofl'cffions to, or receiving pofleflions from the Company, without orders from Eng- land, and it was to preclude the native dependent Princes from difpofing of their fovercignties by will, according to the cuftoms of the country ||: It was, in one word, they added, to retain the names and forms of the Mogul go- vernment, and yet totally to alter its Ipirit and arrange- ments. Upon this fubjedl of foreign government, the Company farther argued againft the general tendency of thefe pro- pofitions ; that this fyftem would place the Zemindars in a fituation to make an immediate refiftance to the native * Sec claufe 2Stlj. f See claufcs 23d, and 25th. J Claufe 26th. § Claufe 34th. || Claufcs 8th, 9th, 14, ij, 23d. Princes AND TRADE IN THE EAST INDIES. 135 Princes their fuperiors; and, in a fliort time, perhaps, Chap. i. enable them ^o attack the Company : It was to give an apparently exccnfive power to the Governor-gem ral, and yet, in the event of war, apj^earing ncccflary, to allow the council, to clogg or Itop the wheels oi" his adminiftra- tion : It was to vcfl the fuboidinate prefidents with like powers, and yet to introduce refervations in whatever trea- ties they might conclude, which, upon all occafions, would have rendered the very entrance upon thefe treaties im- pra£licable.t 2. The Company, in the fecond place, obje6led to thefc propofitions ; that the fyftem which would arife out of them, would render the executive powers given to the Governor-general and Council, and Prefidents and Coun- cils, inefficient; and the commercial truft repofed in the affiftant Dire6lors and Proprietors, nominal. It was to pro- hibit them from keeping up, or hiring out any Britiih or native troops to ferve in the countries of the independent Princes; without the confent of the Commiflioners ;|, and thus to leave the impreffions made upon the minds of the inhabitants, by our firfl conquefts, as the fole means of jire- ferving their fubordination to us, or their adherence to the moft folemn treaties. It was to check the Court of Pro- prietors in the exercifing of their judgment in any com- f Claufcs 3 id, 33d, 34th, 3Sth. X Claufe gtk X z mercial OF THE BRITISH GOVERNMENT "icrcial plans, which might l-e offered to them, and to alter even the line of conducting bufinefs with the Indian maniifat'T:iirer , and thus, give an opportunity to the ether European companies to participate in a trade, of which England had, now, almoft an exclufive pof- feflion.* 3. The Company, in the laft place, objefled ; that their fervants were to be divefted of a part of their rights as Britiih fubje6ls. By this fyftem, thefe fervjvnts might, upon accuiation, be tried for crimes committed in India, though thefe crimes were charged to have been done out of the Company's limits ; and yet the kind of evidence which was to acquit or to convidl them, was not fpeci- fied ;t they were to be excluded from a feat in parliament, till they had been at home a fufficient time to perform a moral quarantine, though not prohibited from having a vote on the ele6lion of a member of Parliament^. Such circumftances would, in future, render the fervice of the Eaft-India Company diflionourable ; though, in its annals would be found fome of the moft diftinguiflied foldiers of the eighteenth century. Effeaofthefc WHETHER thefe obje6lions to the propofitions contained objeftions jj^ |^q|.|^ ^^le bills, and whether the reafonings in fup- upon the ' o i PubUcopi. port of them were well or ill founded, time has enabled the nion. * Claufe 12. t Claufe 21. * Claufe 36, 37. Public AND TRADE IN THE EAST INDIES. 157 CHAP. I. *■ n o ■ , .; Public to judge. At the period, however, when they were made, they had their effect, as both bills were laid afide. The rife and tendency may eafilybe accounted for, from the general impreflion which the Public at that time felt, that ffrong and decifive meafures were required in the admini- Ilration of our Indian affairs. A VERY fliort time only had elanfed, when a plan was Mr. Pin's , , . ~ bill propoled brought forward by Mr. Pitt, with the general object of in 17S+. continuing to the Company the rights which they held under their charter; and, at the fame time, of intro- ducing fuch regulations as lliould more directly connect the adminiftration of Indian affairs with the executive government. The propofitions comprehended in his plan, are i^ Produced with the obfervation, that they were in- tended for the better government and fecurity of the territorial poflc-lTions of this kingdom, in the Eaft-Indies. For this purpofe he propofcd, that a Board of Commif- fioners for the ofFaus of India fhould be eitabliflied, to confif' of His Majefly's Principal Secretary of State for the home deparrmcnt, the Chancellor of the Exchequer, and a certaivi number of the Privy Coujicil, removeable at His Majeffy's pleafure : of this Board the Secretary of State fhould be prclldent, in his abfence the Chancellor of the Ex- chequer, or, in the abfence of both, the fenior Com- miflicntr; that the I'refident fliould, upon a divifion, have the cafting vote ; that this Board ihould have full authority and power, from time to time, to check, fuperintend, 4 and 15^ OF THE BRITISH GOVERNMENT fiiAP. I. j^iitl controul, all act?, operations, and concerns, relating to the civil and military government, or revenues of the territories and pofrcfhons of the Eaft-Inuia Company ; that it Ihould be attended by a fecretary, to be named by the Secretary of State, and fubje6l to difmilTion at the plea- fure of the Board ; that the duties of this fecretary (hould be, to enter on the records all proceedings whatever of the Board ; that the Cominiflioners fliould take an oath to " give their befl advice and afiiflance for the good *' government of the Britifli poflefllons in the Eaft-In- " dies; and to execute the feveral powers and trufts '• repofed in them, according to the beft of their fkiU " and judgment, without favor or afFedlion, prejudice or " malice, to any perfon whatfoever." That the Com- miflioners Mere to be informed, by the Directors, of all the tranfa6lions of the Company, ia refpedl to the management of their concerns in the Eafl-Indies ; to have accefs to all papers, and to be furnillied with fuch extrafls or copies, as they might from time to time require. That the Directors were to fnrnifh to the CommifTioncrs, copies of their minutes, orders, and refolutions ; and copies of the orders and proceedings of the general and fpecial courts of Proprietors, within a certain number of days after the holding of fuch courts, They were alfo to furnilh the Board with copies of all difpatches received from their fervants in India, and with copies of all letters, orders, and inftru<5lions relating to the civil or military govern- ment, or revenues of the Britifli pofTcflions, propofed , to AND TRADE IN THE EAST INDIE?. ist. For thefe purpofes. His Majefly might be veiled with the power of felecling, annually, three, four, or five, from among the Directors, to acl as Affeflbrs to the Board. Through them all the political meafures, which in any Avay might affe6l the in- terells of the Company, ought to pafs. In any corftmunications, however, to thefe Affeflbrs, the Board ought to be entitled to dire6t itfelf, by its own dif- cretion, without any title in the Affeflbrs, either to remon- ftrate, or to protefl:. In particular, the Board ought to have the power of communicating fuch parts only of the difp^tches, as they may think necellary and requifite foi»the AflelTorsto know, for their inftruction, in the management of the commercial part of the Company's concerns propofed to be left to the Directors. 3 With AND TRADE IN THE EAST INDIES. 195 With the view of fimplifying this plan, the political CHAP.ii. correfpondence, or in general, whatever regards the civil and military eflablilhmcnts abroad, and the management of the revenues, ought to be placed, entirely, in the Com- miffioners; while the commercial correfpondence ought to be left, wholly, with the Court of Diredlors. If it ihould be faid, that the abfolute controul, propofcd to be given to the Board of Commiflioners, would be introducing a principle repugnant to that upon which the adlsof 1784 and 1788 proceeded; the anfwer is obvious; the cafes are different. Before the expiration of the Company's chatter, they were veiled by an a6t of Parliament and a royal charter, with the management of their territories and revenues, and. could not have been deprived of them without a breach of juftice, and of parliamentary faith : after it, the Company will remain a body corporate, with the privilege to trade to the Eaft-Indies upon their joint flock ; but it will be in the wifdom of the Legiflature to determine, whether it will take the revenues into its own management, or, again, en- truft the adminiflrationof them to the Company, or whe- ther it will again grant the Company the fame exclufive privileges. It cannot, however, admit of any doubt, that' if the CommifTioners for India affairs are to be continued, the more adive the controul given them, the more refponfible will they become to the Public; and it can admit of as little doubt, that the Dire6lors, who are to become AfTeffors, C c 2 will * 1^6 OF THE BRITISH GOVERNMENT CHAP. II. ^vill form a fufficient check, upon any encroachments, which the Board might make upon the commercial proceedings of the Company. Many queftions will occur, relating both to the inter- nal politics of India and to the relation which our poflef- fions bear to thofe of the other European powers, having intercfts in the Eaft, which it would be unwife and im- provident to (late to the Directors ; more particularly, when (according to this plan) through their Afleflbrs they would become poflefled of every fpecies of information, which could, in any way, promote their commercial proceedings. Second Ob- iection, ari- fing from the difficulty of devifing a mode of Go- vern inent, after the rela- tion of the trade with the revenues Ihould be dif- folvcd ; with the reafon- ings offered to iiniovc it. 2. It may be difficult, in the fecond place, to fay what plan for the internal government of our Afiatic poficflions ought to be adopted, upon the fuppofition, that the poli- tical administration of them fhould be disjoined from the management of the trade. Upon this fubject the fubftance of the obfervations offered in illuftration of the general plan, fecms to be nearly as follows: In 1 78 1, it was the intention of .government to aflume the territories as the immediate patrimony of the Public and to place the management of the revenues under the executive government. This idea was fuggefted, in con- fequence of tjie opinion which has been already fbated, refpe6ting the rights of the Public to territories acquired by the Company. In order, therefore, to accommodate the plan which has been fuggefted to this legal principle, it AND TRADE IN THE EAST INDIES. 197 it was faid, that it might be proper to confider the treaties chap, ii.^ which the Company had entered into with the Moguls, Sou- bahdars, and other native ftates, ^s fraudulent and colourable only. His Majefly's rights remaining unprejudiced. If this hne of condudt lliould be adopted, then an un- divided fovereignty ought to be afTumcd, and the diftinc- tions of Ni%amut and Duannee aboHflied. This might be a fimple, but, in the opinions of the moft informed of the Company's fervants, as detailed in the preceding chapter, it would be a hazardous experiment. If the name of King was to be fubftituted for that of Mogul, or, even for that of Soubahdar, an opinion would naturally arife among the Hindoos and Muffulmen, that fomething more violent was meant than a mere change of names. The characters of the natives require the mod delicate attention, and no feature in them is fo flrong as their attachment to their eftablilTied opinions. Thefe muft neither be fliocked nor trodden down ; for, in Mr. Hallings's language, " the *' touch of chance, or the breath of opinion, might clif- " folve the Bntiihi power in India." Presuming, therefore, that this will be admitted as a principle, the author of the plan, which has now been (ketchedout, recommends; that, inconfiftency with it, the Governor-general ought to be vefted with abfolute power in India, and pofitive refponfibility at home; that even if the fovereignty of the King Ihould be declared, the name of His Majefty igS OF THE BRITISH GOVERNMENT CHAP. II . Majcrty ought never to be iifed in criminal proceedings, as luch a circumftance would, naturally, appear a very violent intrufion on the rights which had been Iccurcd to the natives by treaties Avith the Company : that it would be more prudent, in this particular cafe, to employ the name of fomc of the natives themfelvcs, who might *■ be raifcd to a proper rank by the Governor-general ; that it might be expedient, in the fame way, not to ufe the name of the King, in proceedings in the civil courts of juflice, as in thefe a Hmilar mode of meeting the opinions of the natives might be adopted. Still farther to conciliate the natives to this plan, the authors recommend, that, with the declaration of the fovereignty of the King, a declaration of a general toleration in religion fhould be publirhed ; and that the natives fhould be left under the prote6lion of their own laws, and not have the right to claim the benefit of Britilli fubjedls, nnlcfs they rcfided within the jurifdi(5lion of the Supreme Court of Judicature. Besides thefe more important confiderations, the opinion, in thefe memoirs, is, that it would have a beneficial tendency, if the Governor-general (hould be vefted with power to gratify either the vanity or ambition of the natives, by conferring on them ranks known and efteemcd in the country, and in a way that {hould, at the fame time, give them im- preflions, both of the liberality of the fovereign, and of the intereft which he himfelf took in rewarding: their fervices. The Governor might be empowered, for example, in the AND TRADE IN THE EAST INDIES. 199 the King's name, to confer the title and dignity of Rajah CHAP, ii.^ upon a Hindoo f and of Nabob upon a Mujfulman, 3. It might be difficult, in the third place, it was fug- Third objec- gelled, fo to arrange the patronage abroad, as to prevent from the dif- jealoufies or complaints of the abufe of power. The Sngin/thr fubflance of the obfcrvations on this fubie6t, is as p--^'ronage, . with the rea- follows. The plan itlelf had propoied, that His Majefty lonings offer- fhould be vefted with the power of nominating the Gover- u. ° ""'**"^ nor-general, Prefidents, Councils, and Commanders in Chief ; and that all the other offices ought to be attained by feniority. To prevent the inconveniences which might arife from perfons being entitled to fucceed to offices of truft, for which they might not be qualified, it is recom- mended, that His Majefty Ihould, in future, have the nomi- nation of fuch young men as may be required to fupply vacancies in the civil and military departments, and that they fliould be deemed fervants of the King, and have their ranks as fuch preferved to them. That the Company fhould have the nomination of all fupernunieraries in the com- mercial department, and that fuch fupernumeraries Ihould have a diftin6l rank affigned to them. That the fervants appointed by the King, fhould be paid by government, and have the fame allowances as they would have received, if they had continued in the fervice of the Company. That the Direftors fhould be left to determine for themfelves, as to the number and pay of the fervants whom they may em- ploy in the commercial department. As the pay to be allow- ed 200 OF THE BRITISH GOVERNMENT CHAP. II. eil to the covenanted fervants of the Company in general, might not be adequate to their fnppoit, and to promote the fpirit of commerce, it might be expedient, to give them the privilege uf trading inward and outward, on their own ac- count. That it might be proper alfo, that the engagements of the civil and military fervants Ihould ceafe, in the hues in which they have been employed, the moment they come to be feleded to fill an office in the political department. That the term cadet might be continued for the military fupernumerary, but thatfome term, more defined than that of writer, ought to be adopted for civil fupernumeraries. Confiderable inconveniences having arifen from the negledt or mifcondudt of the Commanders of the Company's fhips, in conveying difpatches abroad, or in bringing them home, and alfo from charging unreafonably for the paflage of re- cruits to the different fettlements, it might be proper to fix fome regulation, by which to place Commanders of fhips more immediately, in thefe refpects, under the orders of the Commiffioners. Fourth ob- 4. It might be difficult, in the fourth place, to determine irfm°"the''rc^- ^hat compenfation the Company may be entitled to from the tuai ftate of Public, on account of the debt with which they are loaded, the Compa- _ . _ . ny'i debt, and of the necefiity there is for placing them in a fituation pedicnts^fug- to difcharge it. Upon this fubject, the fubftance of the nme^t? '" obfervations is, as follows : That the debts of the Company amounted, at this pe- riod, (exclufive of feveial large floating debts) to upwards 6 of I AND TRADE IN THE EAST INDIES. 201 of;^. 1 5,000,000, for the paymeut of which, the Company CHAP. iL muft be permitted to eftabliih a fund at home, and funds in their foreign Prefidencies. It was therefore propofed that fubfcriptions ihould be received into their foreign funds, by way of loan, at eight per cent. That the outftanding paper of the Company ihould be accepted from the fubfcribers, at par, and the books in India kept open till fix crores of rupees, or fix millions fterling fliould have been fubfcribed. That the current revenues in India fhould be the fecurity to the fubfcribers in thefe funds, for the regular payment of their annual interefl, which ought to be difcharged, in preference to every other demand, except the military charges, and the expenfes of colle6ling the revenues. If the exigencies of an exifting war fliould, at any time, ren- der the payment of the intereft impra6licable, in fuch a cafe, from the time it became due, it fhould be held to be (lock, bearing the fame intereft with the principal from which it had accrued; and, upon this plan, it might be expedient, that the government in India lliould be vefted with the power of redeeming this ftock, at par, upon giving three months public intimation to the holders of it. With the objecl of connediing this foreign fund, with the one which was fuggefted to be eftabliihed at home, it was propofed, that fubfcriptions fliould be taken into this lait, at lour per cent ; and that a trial might be made, whether fubfcriptions might not be procured to it in India, by granting bills on the Company in London, at three hun- dred and fixty-fivc days fight. The authors of thefe nie- iTioirs feem to have perceived, that an unfavorable im- preflion might be made upon thofc, who would otherwifc Dd be 202 OF THE BRITISH GOVERNMENl CHAP. II. be difpofcd to lend their money to the Company, by the feparation of the revenues from their commercial funds ; but are of opinion, that if we abflracl from the aggregate amount of the invgftments abroad, the fums received for bills and certificates on England, and from the fale of goods ex- ported from Europe, and the amount paid for (lores and troops at home, we fhould difcover, from the remainder, what fums had been applied to inveftments out of the revenues; or, at all events, whether the Company were gainers or lofers by the connexion between the revenues and the trade. In Mr. Smith's account, formed in 1781, he fays, that in fourteen years, from 1766 to 1780, the fum contributed out of the revenues, for the purchafe of inveftments, amounted to ^ 3,622,969, of which ;^.2, 169,400 was paid into the Exchequer, on the agreement of 1767, leaving to the Company jT. 1,453, 569. Againft this was placed ^(".5,069, 684, expended by the Company, in the fifteen years war, from 1750 to 1765, fo that in 1780, the revenues of India ftood debtor to the tradejC.3,616,215*. An account of this nature, accurately brought down to the lateft period, it is fuppofed, would fliew to what amount the revenues were then indebted to the Company, and whether it would be more or lefs than their available aflets would fall fliort of making fatisfa6lion for their debts and ca- pital ftock ; if more, then the deficiency ought to be funded ,| on the credit of the revenues ; if lefs, then the Com- pany would have no reafon to complain that the profits of -\\^ their trade fhould be united with their revenue in the pay- * S«e more full oblervations upoo this fubjeft in Chap. Ill, ment '■ll AND TRADE IN THE EAST INDIES. 203 ment of their creditors. Allowing all the weight to the CHAP. ir. obje