on the Sir Dl- F ^jSSS^ NJ UNIVERSITY OF CALIFORNIA AT LOS ANGELES A N ADDRESS T O T H E P U B L I C K On the SUBJECT of the Eaft India Dividend, Re inania aut fubdola: quantoque majore libertatis ima- gine tetebantur, tanto eruptura ad Infenfius Sermium. LONDON: Printed for S. BLADON, in Paternofter-Row. MDCCLXVIL !"76>7 v>\ A N ADDRESS, W^HEN one reflects on the arbitrary and violent acts of former times, we are furprized that the people could bear fuch abfurdity and oppreffion, ne- ver confidering how the arts of defigning men had probably difguifed the truth, on the occafion of exerciiing fuch oppreffions, and that the people did not fee them in the real light in which they then flood, and are now handed down to us. We are apt to coniider the Parliament of Henry the Vlllth with greater detefla- tion than the Roman Senate under the Emperors, and yet there are many peo- ple living who may remember equal contradictions from a limilar fet of men, fuch as the miniiler has directed, without any of that national hatred attend- 354876 ( 6 ) attending them, which a philofopher would expect fhould be the concomitant of fuch actions. Can it be imagined that the people of RufTia really believed their Emperor murdered by his wife, or Prince Ivan killed by defign ? No, they, good people, believed, as moft others do, the relation which the minifters publifhed about the court, That the one died of the piles, and the other perifhed by accident. What led me into thefe reflections, is the affair of the Eaft India Company now pafling under our immediate ob- fervation. As I have been particularly acquainted with moft of the facts, 1 can be bold to fay, that the Englifh hiftory does not furnifh any inflances where greater treachery, injuflice, folly or in- gratitude can be found, or where a more direct attack has been made on every thing that is dear to an independent fpi- rit, or the credit or liberties of this coun- try ; and yet fuch has been the effect, by the grofleft and vileft mifreprefenta- tions, coming from men in the higher! offices, ( 7 ) offices, and uttered with a confident in- difference, little fuiting the dignity of their ftation, that it is only of late that the alarm has been taken, and even now, half $he metropolis remain under the delufions which thefe honourable Gentlemen have propagated. Whoever will be pleafed to read, with a due attention to principles and their confequences, the bill now depending in Parliament, relative to the refcind- ing and retraining the India divi- dend, and will read the arret of the King of France after the peace, re- fpedting their funds, and which ruined the credit of that country, they will find the difference of the remedies in the application of the one and the other, as a drop of water to a folution of vi- triol. The King of France took nothing to himfelf from the flockholders, any more than is done by this bill, but he de- preciated the value of the ftock, which is all in all. If one knew where to com- bat thofe Gentlemen, the point might be brought to fome ifliie, but when they efcape like ferpents by 100 wreaths, or like Methodift women difputing about religion, ( 8 ) religion, immediately fly from one point to another, it is impoffible ever to get hold of them. Sometimes they al- ledge the Company has not fufficient ef- fecls. Upon this we are willing to join iffue, and to admit that, if fuch be the cafe, the Parliament did right to inter- fere. But if you demand immediately to go into the proofs, and enter upon the argument, juil as you have brought it to fuch a certainty as the moft har- dened fon of a cook-maid cannot deny the conclufion, why then you are an- fwered, It does not iignify whether you have effects or no, by G it is all dif- puting about riches in the moon j you cannot bring this into cafh. If it is demonstrated, upon the loweft computations, that we can bring fuffi- cient of our goods into cafli to anfwer the dividend in February, and even to pay off all our debts by the 5th of Au- guft 1 7 68 ; or if it is fhown we can negotiate our Bills on Bengal for ioo,oool. to-morrow at 4 per cent, premium, and ' confequently that we cannot be at a lofs' for 40,000 1. why then we are anfwered with - ( 9 ) with another volley of oaths, by G it does not fignify whether you can or not, you have borrowed more than the law . has permitted you, and a man. in high office has faid fo. We are all willing to admit the wonderful abilities of this little man in high office ; only, how much foever he looks like a Popifh Prieil. We infift that his random decrees fhall not be deemed infallible, much lefs his loofe heated illiberal converfation. Let us then reft the point on this queftion : No, I will have no queftion with you, you have deferved all you have fuffered, the bill fhali pafs, the whole was irre- gular, you have affronted Adminiftra- tion ; how durft you take up the matter when Parliament had your affairs under confideration ? Now as this is the end of all the converfations I have endeavoured to have on this fubjecl:, and as it is the kind of reafoning which contractors, jobbers, and the loweft of the minifterial tools have gathered, who never ufed to pretend to reafon before, and by which many well-meaning people are deceiv- ed, I fhall therefore endeavour to an- fwcr each of thofe points. G And I 10 ) And firft, That the whole was irregu- lar, becaufe no previous notice was given, and no papers were read, and no ballot was taken, and many transfers were made on the preceding day. Anfwer. There is nothing laid down either by the charters or bye-laws, or the cufloms of the proceedings of general courts, which requires any. previous no- tice of any motion to be made. It is neither the practice of the proceeding in the Houfe of Lords or Commons. How- ever, it was kept no fecret, and if the matter turn'd on this point, it is very certain the Directors did know of this motion, becaufe they confulted very eminent council on the preceding evening, who told them thefe words: " Why, if the 10 per cent, is not illegal, " you'll find difficulty to prove the other " fo, if they fhall vote it." Whether papers mall be read or not is always in the judgment of the court, and therefore unlefs it can be fhewn that the reading of papers is required either by law or practice, no objection can . can arife on that account. Some alledge indeed, that the 29th bye-law requires the reading of the general annual ac- count. I am fure the conftruction of language in that bye-law does not im- ply it, and the conftant practice has been againft it, nor was the general annual account ever fhewn before this period, though the dividend has been raifed and lowered fo often. In Mr. Barclay's time we find the Directors put a previous queftion on a motion to read papers ; but I mall anfwer this as the foregoing ob- jection, that fuppofing it was neceffary, why did not the Directors produce it 5 no body hindered them : but to alledge from thence that the Proprietors knew nothing of their affairs, is an unjuil conclufion ; they actually did produce accounts, and read every article, and called on the Directors to contradict them, which fixes the account as much as if it had come from the Directors themfelves ; befides, it is to be remem- bered, that the Proprietors had em- ployed two preceding months in reading papers, and looking into their affairs : The refult was to vote the Directors C 2 pro- (.12 ) proportions, and therefore 124 percent was no new idea either to the Directors or adminiilration ; and what is very re- markable, out of 13 proportions deli- vered in, not one perfon Hates the divi- dend which ought to be allow'd the Pro- prietors, at a lower rate than 124, and all, except one, Hates it at a higher rate ; jiay, Mr. Sullivan offer'd to give 14 per cent, upon an enlarged capital. We come next to the objection of no ballot being taken : again it is anfwer'd, there is no law, cuftom or practice which necefTarily requires a ballot to give validity to a refolution of a general court : On the contrary, every queftion which paries without fuch a proceeding, mufl be deemed a better determination than by ballot, becaufe it actually proves there was not nine men in the court who difTented from the refolution. The prefent bill directs a ballot in future, and if it fhould unfortunately pafs into a law, it will be neceiFary ; but to require it before, is both unjuil and abfurd; more efpecially, as in looking into all the- alterations of dividend which have taken ( 13 ) taken place, iince the beginning of the Company, there is only one that was de- termined by ballot. And here I beg leave to remark by the bye, that the charter (with a due regard to juftice and com- mon fenfe) requires all queflions to be determined by a majority of the mem- bers prefent, and the method by ballot, being only a bye-law, it cannot nor ought not to alter the principles of the charter. The .original intention of bal- lot was only to take the vote in a fecret manner, thereby fecuring the indepen- dency of the voter ; and accordingly at the commencement, we find all ballots were taken on the fpot. It is fomewhat remarkable to hear the fame fet of men infill that papers muft be read on the one hand, and yet that the queflion muft be determined by Proprietors at a diftance on the other, who never heard either fuch papers read, or the merits of the caufe debated. We come now to the 115 transfers the / day before the vote was pafs'd. If gen- tlemen will look to the day of fhutting before the election, they will find 206 transfers, ( '4 ) transfers, and yet no fuperior judge has ever thought of vacating the election on that account. The fact is, that in the one cafe as in the other, both fides ex- erted themfelves j but furely this proves nothing againft a vote that was unani- mous, where the numbers were 456, where the moft refpectable Proprietors wefe prefent, and where, in fpite of the lies (for they deferve no milder name) which have been utter'd, and the malice which has prevailed, the utmoil good fenfe and decency was apparent in the court. If this objection was to have been made, it fhould have been applied againft the vote of 400,000!. which ad- miniftration received without the fmalleft objection, from the very men they have fmce perfecuted, in a manner unparal- leled before in this country, and after breaking through the moil folemn afTu- ranees in that tranfaction. Yet fuch are the characters who in the jumble of politicks are brought to rule this iminenfc empire at a time when the greateil talents and integrity are required. I come I come now to the laft accufation: you have affronted Adminiflration ; how durft you take up this matter when Par- liament had your affairs under confider- ation ? I fliould have been very happy, if in the courfe of my converfation I could ever have been able to have fixed the particular affront which Adminiflration is faid to have received on this occafion : if it was in acting after the Proprietors had received an interdictory meflage in their name, why Adminiflration has denied that ever they fent fuch a mef- fage, or that they ever wifhed to inter- meddle with the dividend ; and there- fore there can be no offence on that ac- count, if any credit is to be given to this their mofl folemn denial. I fhall endeavour to confider this point in two lights. Firft, I will confider it, fuppofmg the denial true, and fecondly, fuppofmg the denial falfe, and the meffage to be true. If Adminiilration never fent any fuch meffage, how then can we excufe them for the adulation and flattery, and fup- 4 pore ( 16 ) port which they have lavifhed on the dulleft clods of clay that ever were ani- mated with human breath, after they had thus falfely ufed their names to fuch wicked purpofes ? And again, if the menage never was lent, the 12! per cent, will Hand part of the propofitions, as agreed to by Ad- miniflration, and therefore the Pro- prietors (according as the matter ftands upon the very account of Admi- niftration themfelves) were vindica- ted, nay invited to do what they did; for it mull ever be remembered, that fuppoiing 12.1 or any other dividend, is to take place at a certain period, the fooner it is declared the fairer the tranf- action muft appear refpedting the pub- lick ; and that the anfwer of adminiftra- tion was thus underftood by the Direc- tors themfelves, appears from their own words, viz. But having laft night re- ceived a meiFage from Adminiftration, which materially altered the whole of the propofitions, they had therefore defer- red printing, fac. How then could the meflage refpedting the ten per cent, ma- terially ( I* ) terially alter, if it was not before under- flood that 124. was to take place ? So that whether the mefTage was fent, or was not fent, it is clear the idea of 124 p&r cent, was fixed in every man's mind, as far as publick faith or publick tranfac- tions could fix it, until eighteen hours before it was voted : and what renders this undubitable, is the proportions of the court of Diredlors themfelves, where are thofe words : And out of the profits there mall be firfl deducted the fum of 400,000 /. to be applied and difpofed of in dividends to the Proprietors, or in fuch manner as fliall be agreed by them. And upon the whole, they are of opinion, that a certain fum referved in England to the Proprietors, equal to a dividend 6fi,2*.ft6rcenf. with the profpecl: of 3, future increafe and advantages, will be more eligible to the Proprietors than a dividend of 14 psr cent, paid in India. And alfo, the proportions number, 11. from whence the proportions of the court of Directors were taken, where are the fame words. Now it is certain that thefe proportions., number 1 1. were D rcyifed ( 1* ) revifed and appro ved by Adm migration, and even handed about as their propo fitions. I fhall now fuppofe the denial falfe, and the meflage to be true. Can the Pro- prietors of India Stock be blamed for re- garding with a proper contempt fuch an infolent and unconilitutional a meflage, that even the parties who fent it dare not now avow it ? Was it not the bufmefs of every good fubject to bring the dividend to fome fixt point, to prevent flock-job- bing, agreeable to the flourifhingfituation and the future promts of the company, and according to a jufl regard to the Company's Creditors on the one hand, and the Proprietors on the other ? Had nqt the Directors themfelves, by their proportions, acknowledge^ 124. percent, fo be this medium, and do they not there confefs that the half of the profits of the furplus was a fufficient fund for discharging even 500,000!. more of debt than is now owing ? Had not the admi- niflration acquiefced to thefe truths till 1 8 hours before, had not the flock rofe in in confequence ? Would it not have been the vileft deception on foreigners and the public, if a majority of the Proprietors could have changed their opinions thus publicly pledged, without any alteration of circumftances, merely at the unhal- lowed found of changeling miniilers ? I come laftly to confider the affront of- fered to parliament. Every one muft ac- knowledge the deference and refpect which is due to either of the branches of the legislation ; but how an exercife of juft and legal powers, in a decent? proper, and constitutional manner, in order to prevent ftock-jokbmg, fraud, and injuilice, can be conftrued an affront on the guardians of our rights and pri- vileges, is more than I can conceive. I have heard of Maflbniella, a fifher- man, getting poffeffion of the city of Naples by a public heat of his own fo- menting ; but the people perceived the abfurdity in live or fix days. I remem- ber our army at Carthagena being thrown into the utmoft panic, when many were drowned, and numbers kil~ D 2 led, 3548 led, by the approach of two negroes and a white horfe in the night j yet aflbon as day-light returned, the people recovered their fenfes. But of all the delations by which mankind have been affected, and for fo long a time, this of the affront offered to parliament is the moil extraordinary* becaufe, by the utmoft ftretch of imagi- nation, I defy the world to point out from whence it can be deduced. Before I conclude, I will fay fome- thing on the allufions which have been made to the tranfadlions of the South-Sea company, in the year 1720. What com- parifons can be drawn between a com- pany railing their dividend to 60 per cent, without any vilible means of an- fwering fuch declarations, and a com- pany acknowledged to be the richeft in the whole world, and in pofleflion of kingdoms bigger and more opulent than Britain, and whofe trade alone yields a profit of 600, ooo 1. a-year, taking to themfelves, upon their former fmall ca- pital, o pital, a dividend of 124 per cent, and this at a time when even the Dutch and Swe- difh Eaft-India companies are dividing upwards of 20 per cent, on their capitals. I leave this to every impartial man to determine. Some gentlemen may imagine by this Unufual interpofition of parliament to correct what they may call the deficiency of the law, that they are doing good fer- vice to their country ; this indeed would be carrying the doctrine of the difpeniing power to every branch of the legiflature. To fuch men I lhall only apply what Tacitus fays of Tiberius, after telling us of the popularity he had acquired by frequently fitting in judgment and cor- recting the rigour of the law : Ceterum dum veritati confulitur Libertas conmpebatur. FINIS. 2735 University of California SOUTHERN REGIONAL LIBRARY FACILITY Return this material to the library from which it was borrowed. REC'D LO-URl AUG 121988 Universi South Libi