Letter to the Right Honour-
able Lord North; on the ^ast-
i?Ill now Depending In Parliament
UNIVERSITY OF CALIFORNIA
AT LOS ANGELES
LETTER
TO THE
RIGHT HONOURABLE
LORD NORTH;
O N T HE
EAST-INDIA BILL
NOW DEPENDING IN
PARLIAMENT.
LONDON:
Gornh
Printed for J.. ALMON, in P;Vft&##
BROTHERTON and SEWELL, ini
MDCCLXXII.
(Price One Shilling.)
\
V
RTISEMENT.
THAT thofe attentive to India matters are put
to any kind of expence for a pcrufal of the
following hafty performance, fuch as it may be
thought, has been contrary to the inclination of its
Author.
Having determined to fubmit fome ftriftures on
the Eaft-lndia Bill, now depending in Parliament,
} to the confidcration of all who may be interefted
therein, the Writer of the following pages carried
- the part of it firft written to the Printer of the
I PUBLIC ADVERTISER ; where, after making himfelf
known, he left it, if approved, for insertion in that
paper.
About two days after, on a Wednesday, he faw
it inferted, with a notice at the end, that the pub-
lication would be continued. Upon which he im-
mediately carried another nearly-equal part, and
was then informed, that Friday and Monday would
- be the other days of publication.
A fecond and a third part accordingly appeared,
> each with a notice at the end of Its intended conti-
nuation. But the fourth part not appearing on the
day it mould have done, the Writer went to the
Printer's to enquire the caufe thereof; who, imme-
diately on his appearance, had the manufcript re-
turned to him by a Clerk, with this excufe; that
Mr. WOODFALL h.id promifed to fpare one column
of his paper for that purpoie, but could not fpare
two. Nothing farther pafled thereon. The inftant
delivery back of his papers, on the Writer's ap-
pearance, the cool civility fhewn in doing it, and
infufficiency of the excufe, all ferved to con-
vince him, that fome new motive muft have occa-
A 3 fioned
35490.'?
:-R !; M EN T.
fioned fo extfat4jnary:4 ^treatment, for the fol-
lowing reaforis i
Firji, That no mention had ever before been
made to him of either one or two columns.
Secondly, That all the three numbers publifhed,
though not exactly of a length, had much exceeded
one column, but neither had filled two.
Thirdly, That the manufcript pages of the fourth
part were in number the fame as the other three
which had been printed.
Fourthly, That it had not been unufual to infert
letters of more than two columns in that paper, even
on fubjedts very little interefting to the public.
Fifthly, That the fame notice had been fubjoined
to the third part of the letter as to the former two,
that the publication would be continued.
Sixthly, That to the very fourth number of the
manufcript, fo returned, the following notice was
actually prefixed by the Writer ; <To be concluded in
our Friday's paper : and,
Seventhly, That there was nothing inferted in the
Wednefday's paper, from which it had been fo un-
handfomely excluded, of equal importance, or that
was in any material degree deferving of the atten-
tion of its readers.
The Writer will not pretend to conjecture what
powerful motives Mr. Woodfall could be fwayed by,
after printing three parts of a work, and promifing
the fourth, to refufe inferting the other two (efpe-
cially as he had feen, by the Writer's notice to the
Public, fuch was actually to be the extent of it)
under fo frivolous, ungrounded and unwarrantable
a pretence. It has, however, made him determine
to publifh the whole at all events, in his own jufti-
fication, and for the fatisfaction of the public,
though at an expence to the reader which he was
defirous of preventing.
A LETTER
A
LETTER
'TO THE
Right Hon. Lord NORTH, &c.
MY LORD,
H E N E V E R meafures of high
importance to this kingdom are
under parliamentary confidera-
S tlon il: is the indifputable right
of the people to exprefs their fen-
timents concerning them, either as collective,
or corporate bodies, by instructions, as confti-
tuents to their reprefentatives, or by petition
to either of the three branches of the Legif-
lature -, or elfe as individuals, by difquifitions
or reprefentations from the prefs.
The times, my Lord, are becoming ex-
tremely critical from various alarming caufes j
and the attention, not only of this whole na-
tion, but of the world, is awakened to what
hath already happened, and may farther be
expected. How far I may be encouraged to
proceed, the experiment will only (hew. But
at prefent I (hall exercife my right, on behalf
B of
of my country, by pointing out Tome imper-
fections in the Bill at prefent before the Houfs
of Commons " for the better regulation of
" the affairs of the Eaft India Company," &c.
and I choofe to addrefs my remarks to your
Lordfhip on account of the refponfibility of
the ftation which you occupy.
While it is my intention to reprefent boldly,
and with ftrength, I mail carefully endeavour
to avoid every appearance of cavil or difinge-
nuity, and therefore my obfervations will not
be very numerous.
The tribunal propofed to be erected in India
Is a fupreme Court of Judicature, which is
". to have full power and authority to exercife
" all civil, criminal and ecclefiafticalj urifdic-
" tion by the new charter to be granted and
" committed to the faid court -, and alfo {hall be
" at all times a court of record, in the name of a
" court of oyer ano terminer, and gaol-delivery,
" and mall be a court of oyer and terminer, and
" gaol delivery, in and for the town of Calcutta,
<e and factory of Fort William in Bengal, and
" other the factories and places fubordinate, or
" hereafter to be fubordinate thereto." From
the decifions of which court there lies no appeal
but to his Majefty in Council in England.
The jurifdiction, powers and authorities of
this Court are to extend to all the Company's
fettlements, factories, fubordinates and pof-
feffions, now or at any time hereafter to be
acquired in the kingdoms or provinces of Ben-
gal, Bahar and OrirTa ; and to all Britifh fub-
jects and Chriftians who fhall refide in the faid
provinces
< 3 )
provinces under the protection of the Company.
And the natives of India may likewife apply
to the faid Court againft any of his Majefty's
fubjects in India for any crimes or oppreffions
whatfoever ; to profecute any fuits or actions,
real or perfonal; and alfo for any debt or com-
plaint of native againft native, though the party
fo purfued mould be or have been in the fer-
vice of the Company.
But on any complaint in writing being ex-
hibited before the Preiident and Council of
Fort William againfl the Chief Juftice, or any
or either of the Judges of the fupreme Court
of Judicature, formal-adminiftration of juftice,
or any notorious or corrupt breach of duty or
truft, then, after due notice being given to the
accufed party or parties, the Governor and
Council are to proceed to a hearing and deter-
mination of fuch complaints, and if unanimous
in opinion thereon, they may fufpend thofe
.convicted, and appoint others to their offices ;
but the fufpended parties have a right to appeal,
within a prefcribed time, to his Majefty in
Council. All Chief Juftices and Judges, and
all Prefidents and Counfellors, are likewife
made amenable to his Majefty 's Court of
King's Bench on their return to England, for
any breach of duty, or for any mifconduct or
mifbehaviour in their offices or employments.
Such are the principal regulations intended
for the new fupreme Court of Judicature in
Bengal j on which the few following remarks
are fubmittcd to confideration.
B z Firft,
( 4 )
Firft, It does not appear by the Bill, that this
lupreme Court of Judicature will have fufficient
power and authority to reftrain the illegal and
tyrannous acts of Governors and Councils,
from whence all abufes, oppreiTions and out-
rages have hitherto originated. The Gover-
nor and Council for the time being, in their
executive department, or adminiftration, are no
other than the deputies of Directors, who are
the fervants of the Company, who are the
deputies of the Sovereign, who is the admi-
niftrator of every kind of fovereign power in
all countries that were acquired, or are poffeffed
by any fubjects of this realm ; they therefore
cannot in any thing be above thofe laws which
are executed by his authority, but muft in all
things be fubject to them $ as in executing his
truft they in no degree partake of his facred,
impeccable, political character, which in its
nature is incommunicable ; therefore his fo-
vereign juftice muft neceflarily be fuperior
in its operations to any other kind of power,
efpecially if exercifed by fuch as act under the
authority of the delegates of his delegates.
When confidered in this light, it muft appear
an abfurdity to give an executive Board of
Deputies, in a delegated truft, a power to
fufpend any or all of the Judges of a fupreme
Court of Judicature on exhibited complaints
of the mal-adminiftration of juftice, without
giving at the fame time a power to the
lupreme Court of Judicature to fufpend a
Governor, and any or all of the Council, on
exhibited accufations of injurious abufes of
power
( 5 )
power that are tyrannous and oppreffive ; but
more efpecially as it muft appear reafonable
to fuppofe, that the flations of the latter may
be ably filled anew with greater facility than
thofe of the former. Thus will this Bill, if
made a law, fubject juftice in India to a power
which it mould controul, and fecure that un-
bounded defpotifm to a Governor and Council
which they have hitherto fo much abufed,
though the contrary is pretended to be the
great object in view.
Secondly, There does not appear to be any
new refource furnilhed for obtaining juftice
either againft corrupt or wicked Judges, or
oppreffive Governors and Councils. Profecu-
tions in the Court of King's Bench, after their
arrival in England, can only bring them to
punimment -, and thofe have hitherto been ex-
perienced to prove ineffectual in many cafes of
flagrant oppreffion and injuftice. Such pre-
cedes to parties mufl always prove extremely
chargeable, and precarious in their iflue, from
the diftance of places, the length of time,
the influence of power in India, and the
difficulty of producing proper evidence ; none
of which evils are propofed to be removed by
the Bill now depending in Parliament, not
even by making written proofs, openly given
and properly authenticated in India, to have
all the force of viva vote evidence here, or to
compel parties to come over and anfwer to
charges exhibited againft them. Till fuch ami
other means for obtaining jultice in England
ars furnifhed by law for injuftice and injuries
' that
( 6 )
that are fuffered in India, redrefles obtainable
by law in England will be few and infignifi-
cant. There muft, therefore, be eftablifhed
in India a judicial power effectual for the full
punifhment of all kinds of offenders, or juftice
will continue there to be more lame than me
fhould be blind: all power will be grofsly
abufed, and all protection but a mere farce.
By the Bill now under confideration, the fu-
preme Court of Judicature is manifeftly fub-
jected to a more fupreme executive Board,
which appears intended to be kept feated far
above the reach of the laws of England in
Bengal.
But, my Lord, it may be alked who are the
perfons that mould chiefly act in, or contribute
moft to the bringing of offenders in India to
juftice in Europe, but the Directors of the
India Company, who not only act for their
conftituents, but likewife in truft for the
State ? The Board of Directors, as deputies
of the Company, and agents for Government,
ought to be the profecutors in England of all
who have been guilty of criminal practice in
Bengal. But then fuch offenders will chiefly
be their relations and friends ; the very men
who had been fent out to India and there pre-
ferred by them, and who durft only ven-
ture to act wickedly from a full reliance on
their fupport, by the facrifice of honour, and
to the violation of Juftice. Thefe are con-
clufions rationally drawn from the courfe of
human practice, and which have already been
but too frequently illuftrated by various ex-
amples,
( 7 )
amples, as well in the fcreening of guilt as
the indulgence of malice, by rendering juftice
ineffectual both for punifhment and redrefs.
In proof of the firft charge I appeal to the
various cafes which we have feen published of
unwarrantable and illegal oppreffions and out-
rages that have been practifed ; to the com-
plainants of which the Directors have hitherto
fhewn no kind of countenance, either by the
punifhment of offenders, or redrefs of the
injured; though in both of thofe meafures the
good of the kingdom, the welfare of the
Company, and their own honour, as men act-
ing refponfibly in a ftation of high truft, were
all equally concerned. Heavy charges of dif-
obedience and guilt have even of late been
eftablifhed at their very Board : yet hitherto
no judicial proceedings thereon have been feen
to take place, in fupport of their own violated
authority, the honour of the Company, or
the juftice of the kingdom.
I mall now furnifh your Lordfhip with a
ftriking inftance, from the proceedings of the
very laft Board of Eaft India Directors, of the
ftrong averlion thofe gentlemen are apt un-
guardedly to difcover to fuch innocent, injured
men as apply to the juftice of this kingdom
againft the outrages and oppreffions which
they had been made to fuffer in Afia.
In the early part of laft year, as your Lord-
fhip cannot but know, his Majefty in Council
was pleafed, by a folemn decree, to reftore
Mr. Bolts to his ftation of Alderman, or Judge
of the Mayor's Court of Calcutta, of which
he
(8 )
he had been illegally deprived by the forcible
feizure and fudden tranfportation of his perfon
from Bengal to England, to the almofl entire
ruin of his own ample fortune, honourably
acquired, and with infinite injury done to the
concerns of many others that had been placed
in his hands.
During the procefs in England, which was
openly and regularly carried on, the Court of
Directors, nor any other party, ever once at-
tempted to vindicate the proceedings in India,
or to oppofe the relief fought by application
to the Throne for Juftice. His Majefty there-
fore, by the advice of his Privy Council, re-
placed Mr. Bolts in his office, and confequently
reftored to him the privileges annexed to the
ftation of a fervant to the Company in India :
on which Mr. Bolts applied to the Directors
for a paflage to be ordered for him to Bengal,
and was thereon informed, by their Secretary,
that a pafiage would be ordered for him on
board a fpecified {hip ; but if he returned
thither, he would not there be allowed to
carry on any trade.
My Lord, no other than merchants ever yet
did or could fill thofe liations, becaufe the
annual income of a Judge of the Honourable
Mayor's Court is not fufficient to pay houfe-
rent for one month at Calcutta. An office,
therefore, for life in the Company's fervice
mull: make the means of exifting in it a ne-
ceffary appendage ; fb that the right of trading
was, in effect, virtually annexed to it, and had
ever been practiied. This inherent right Mr.
Bolts
( 9 )
Bolts did enjoy with that office, after he had
quitted their commercial fervice by refignation,
on account of repeated, partial and unjuft
fuperceffions in preferment. He however
held his poft of Alderman, and difcharged the
duties of it with honour : and at the fame time,
like the reft of his brother Judges, continued
to profecute trade, to the great benefit of that
country, the advantage of the Company, and
the good of this kingdom ; no merchant in
that fettlement acquiring higher credit, or
having fuperior fuccefs. After mentioning
thefe particulars, it may be necefTary to inform
your Lordihip, that this letter is not written
by Mr. Bolts, or by his defire or procurement,
nor has the manufcript been fubmitted to his
inflection.
Thus, my Lord, have the late India Di-
rectors, or at leaft the managing part of them,
audacioufly dared to defeat the juftice of their
Sovereign in Council, the fupreme Court of
Appeal from India to this kingdom, by ren-
dering his folemn decree from his throne of
juftice for the reftoration of a Judge to his
office, becaufe illegally and unjuftly deprived
of it, ineffectual and impotent ; to the dimo-
nour of the Crown, and with violation of the
laws, by rendering fo facred an award of no
effect ; for a reftoration to office muft be fruit-
lefs, if the means of fubfifting in it are ini-
quitoufly taken away : and for which there
could be no pretence grounded, but on fuch
a diftinction as, in the opinion of every can-
did man, would difgrace even a gang of New-
C gate
gate folicitors : for if he had, from fpirit and
a fenfe of honour upon ill-ufage, religned his
commercial ftation under them, he continued
to occupy another of the higheft truft and im-
portance ; in the difcharge of which he only
could fubfift by the privilege and practice of
trade, which ever had been, and is to this
hour annexed to it in practice * y nay, is what
he actually did enjoy to the very moment he
was unjuftly deprived of that office, and to
which of courfe he muft virtually have been
reftored with it by the folemn judicial decree
of his Majefty. Ponder, my Lord, on the
infult thus offered to your Sovereign in fuch a
horrid obftruction to national juftice, to the
violation of every principle of honour ; and
then calmly confider if there is not fome thing
neceflary to be done, highly worthy both of
legiflative and executive government, as well
for retribution to the injured as punimment to
the guilty ; one apparent great object at pre-
fent to both being to eftablim a permanent
fyftem of juftice in thofe very provinces, or
kingdoms, now appertaining to the Britim
State, where fuch horrid outrages have been
committed on one hand, and fuch cruel inju-
ries were fuffered on the other ; and for the
redrefs of which latter, as now fhewn, even
Royal fupreme Juftice in England has here
daringly been rendered ineffectual.
My Lord, juftice can never any where be fo
effectually eftablimed as by the making fevere
examples of fuch men as, for the ferving of
wicked purpofes, dare to violate, defeat, or
obftruft
( II )
obflrudt it. The object of India is become fo
interefting to the people of this kingdom, that
the attention of all men is now awakened to
the meafures in agitation concerning it. At
many things of which they have heard or read,
they feel high indignation ; and they impa-
tiently wait for the application of remedies
that may prove efficacious for the prevention in
future of fuch oppreffions and outrages as have
been dishonourable in government to fuffer,
and difgraceful to human nature in practice.
To the injuries Mr. Bolts has been made un-
juftly to groan under, the public has, perhaps,
been beholden for his important informations,
fupported by fuch authorities as have given
them entire credit. The charges he has pro-
duced have not yet been anfwered ; and, indeed,
from their very natures they appear to be un-
anfwerable. Facts alledged that are falfe muft
be eafily refutable; nor could there be wanting
materials here for that purpofe, had not his
been irrefutable. Thofe, therefore, who fay
his authorities will be difproved, only mean
thereby to deaden accusations which they can
by no other means evade. This, my Lord,
is the language of the uninfluenced and honeft
part of the nation; and therefore not unde-
ierving even of the higheft attention. And
give me leave to remind your Lord/hip of a
truth which you may rely on, that if juftice
for what is parled mould be wholly neglected,
there will little reliance be placed on any mea-
fures that may be taken for prevention in future.
C 2 But
But to refume my fubject, and proceed in my
obfervations on the Bill.
Thirdly, It does not appear upon the face
of the Bill, that in the intended fupreme Court
of Judicature either civil or criminal matters
are to be decided by Juries, as there is no men-
tion made of Juries but in the laft claufe or
fection but two ; and the whole of that claufe
is as follows.
" And be it further enacted by the authority
" aforefaid, that any offence or offences com-
" mitted againft THIS ACT, or any of the
<e claufes, reftrictions, and regulations herein
" contained, mail and may be fued for and
" profecuted, according to the nature of fuch
" offence or offences, by any perfon or per-
" fons whatfoever, in the faid fupreme Court
" of Judicature to be by the faid charter
" eftablifhed ; in which no effoign, wager of
" law, or protection, fhall be allowed; and
" of all fines, by the faid
" fupreme Court of Judicature inflicted and
" impofed by the authority of this act, mail be
" to the ufe of the faid United Company, and
ge thereof to the perfon or
*' perfons who fhall profecute or fue for the
*' fame; all which faid offences Jhall be tried'm
" the faid Court by a Jury of Britifh fubjects
et refident at Calcutta, and not otherwife."
On the parts of this claufe that are printed
in Italics and capitals, the following are the
queries of a lawyer :
$uery. Under thefe words what matters are
triable by a Jury ? And (Query) whether a
J ur 7
( '3 )
Jury can try any thing except what is charged
to be an offence againft this ad: ?
Thus the Bill appears to want explanation.
But I have been told by a Proprietor of India
Stock, who has connections, I believe, with
fome Directors, that decilions in the fupreme
Court of Judicature are not intended to be
made by Juries. And as the jurifdiction of
this Court is to extend throughout the three
provinces, and only Calcutta Juries are men-
tioned in the quoted claufe, we may rationally
conclude, that decilions in general are to be
made by the Judges, without the intervention
of Juries.
Hitherto criminal matters have been always
decided by Juries, but others by Judges only.
And we have lately had fome ftrange examples
produced of judgments given by the latter in
India.
My Lord, experience has ferved every where
to demonftrate, and particularly under defpotic
governments, that reliance can very rarely be
made on the integrity of Judges; who, to
promote their own interefts, will fo interpret
the laws as to make them anfwer any pur-
pofc ; and no government can be more arbi-
trary than that of Bengal has been, and is
likely to continue, for any thing we yet fee to
the contrary.
If your Lordmip will examine the feveral
applications heretofore made by India Direc-
tors for extending powers in matters of juftice,
and what ufes have been made of them, there
would not need the inftance juft now produced,
of
( '4 )
of the Directors of laft year even daring to*
render ineffectual his Majefty's judicial decree,
to convince you that they cannot be fafely
trufted with any influence over juftice in India,
which they certainly will acquire if judicial
decifions are left entirely to Judges.
Fourthly, The propriety, my Lord, of the
prohibitory enactions refpecting future Gover-
nors, or Prefidents and Councils, and the Chief
Juftices and Judges of the intended fupreme
Court of Judicature, mufl be too evident to
be difputed. They ought not, nor, as intended,
are " to accept, receive, or take of or from
" any Indian princes or powers, or any perfon
" or perfons under their dominion, power,
" or authority, in any manner, or on any ac-
" count whatfoever, any prefent, gift, donation,
" gratuity or reward, pecuniary or otherwife ;
" nor mall carry on, or be concerned in, or
" have any dealings or tranfactions by way of
" traffic or commerce of any kind whatfoever,
" either for his or their ufe, or for the benefit,
ft profit, or advantage of any other perfon or
" perfons whatfoever, or of any foreign Com-
" pany in India, or by way of commiflion for
" any foreign Company, (the trade and com-
" merce of the faid United Company only
" excepted) ; any law, ufage or cuftom to the
" contrary thereof in any wife notwithftand-
" ing :" and the oath propofed to be taken by
fuch parties may be confidered as a neceflary
and commendable precaution. The penalties,
however, to be prefcribed for offences in thefe
matters, Ihould be made fufficiently fevere ; but
the
( >s )
the provifionary claufe, which is inferted in
favour of fuch traders as mall hereafter be
promoted to ftations of government, is too
vaguely and indeterminately worded for the
effectual prevention of collufive evafion. It
fhould be enacted, that on every fuch promotion
the party advanced in ftation- fhall deliver in
to the proper officer of the fupreme Court of
Juftice a lift, upon oath, of all unconcluded
adventures, unfold commodities, and outftand-
ing debts, which lift fhould be regiftered for
the infpection of all men, in order that no new
bulinefs may be engaged in or carried on under
the colour of old dependencies, under large
penalties to be inflicted on principals, confe-
derates, agents, fervants, or dependents.
The claufe for regulating the rate of intereft
for money in India, if framed with due care,
Ciay prove to much public advantage ; for
nothing can be more hurtful than a toleration
of the practice of ufury in a country of trade,
except the ifTuing of fpurious money, and
forcing its currency in any degree, for that is
public robbery by the abufe of fupreme power.
The infamous inftance of tyrannical abufe m
the latter way that has been produced from
Bengal, and which was made a iource of
continual oppreffion and rapine to at leaft fome
of the then governing people there; and in
fact, in the firft inftance, the coinage was fuch
an abominable piece of roguery, as mult leave
every one concerned in it without the pofiibi-
lity of excufe, becaufe it could only have been
the act of the whole governing body; and
bdldes
( 16 )
befides being contrary to the exprefs prefcrip*
tions of the Company's charter, was likewife
a moft daring offence againft the ftatute laws
of this kingdom, it having been directed by
repeated acts of parliament, that no coinages
fhould be made in any of the Company's fet-
tlements in India but according to the ftandards
of the refpective countries. My Lord, public
villainies of this kind muft be highly deferving
of impeachments or indictments, as well for
the due punimment of criminals as in terrorem
to evil-difpofed perfons, to intimidate them
from engaging in fuch public robberies here-
after.
It muft be right to prohibit the receiving of
any prefent, gift, donation, or reward, pecu-
niary or otherwife, from Indian powers, mini-
fters, agents, or natives, by any of the Com-
pany's fervants, civil or military; becaufe,
not with {landing all that has been faid to the
contrary, it is well known to be directly againft
the very nature of thofe people to give any thing
confequential but from compulfion, or for the
ferving of fome important purpofe of their own.
Every boaft made therefore of Eaftern genera-
lity, from either pure friend/hip or gratitude,
has been undeierving of credit. Such dona-
tions could not have been the effects of good-
will, but of menaces, extortions, or excited
terrors; extravagant liberality being well-
known to be neither a virtue or vice of that
country.
It is certainly proper, as propofed by this
Bill, to prohibit the holding of any office, poft
or
( '7 )
or employment, civil or military, under or by
the. authority of any ftate or power in the Eaft-
Indies, either European or Indian, by Britim
fubje&s. But I prefume to queftion if it is
either conftitutional, juft or wife, to prohibit
their going to, or refiding in fuch countries, if
they are in a ftate of peace with us, in a merely
trading way, though not in their military or
marine fervice, or ftations of government ; and
while they do nothing contrary to the interefts
of this kingdom, or repugnant to thofe of the
Company : but in cafe of their doing either
of thefe, they ought to be made anfwerablc for
fuch guilt to the juftice of their country. The
fevereft punimments mould certainly beinfli&ed
on all Britim fubjecls who are afliftant in fup-
plying either the native Indians or European
foreigners in Afia with arms or ammunition of
any kind, or for even dealing in fuch commo-
dities without exprefs licence from the Com-
pany. But perfons refigning the Company's
fervice from ill-ufage, or without guilt, or free
merchants, free mariners, or any other perfons
who go out with the Company's licence to fettle
in India, mould have a right to continue there
as long as they may find it convenient fo to do,
being made anfwerable to the juftice, and pro-
tected by the laws of their country ; nor ought
they to be there fubje&ed to the arbitrary caprice
or Safe malice of Governors and Councils in
India, or to the partial views or wantpn power
of Directors in England, for being fuddenly
Hopped mort in their honeft purfuits ; perhaps
from hatred of their merits, or envy of fuch
D abilities,
abilities, as, without injury to the Company,
their adverfaries may find are advancing their
particular fortunes with the real interefts of
this kingdom.
When men go from hence to fettle in India,
they naturally relinquifh all profpects in Europe,
but that of returning to enjoy the fortunes they
may acquire ; in doing which they act for the
intereft of this country and the Company, as
well as of themfelves. And wherever Englifh-
men govern, and Engliih laws are eftablifhed,
the juft and full protection of the latter is the
equal right of all againfl every fpecies of op-
preflion or violence : and furely none can be
greater than an unmerited arbitrary order to go,
on a fudden, from one extreme part of the
globe to the other. My Lord, it can be no
other than damnable power, and diabolical
juftice, to tear a man from all his profpects,
perhaps, in a great degree, from all his pro-
perty, and forcibly to tranfport him, without
conviction of a crime. No government that
is honeft will delegate fuch a power ; and no
men, but of the worft kind, would abufe it
in practice. A man that is warranted to go
from hence to India, goes thither now to the
country of Englimmen, and carries with him
a right to the full protection of the laws of this
kingdom. _If his- country can prove guilt on
him there, or the Company injury, let him
be fairly tried for either by a Jury of his peers,
and be acquitted or convicted according to law :
but let the law otherwife protect him from the
punimment of a felon, and not fuffer him, in
a country
( '9 )
a country that is fubjeft to his Sovereign, to
be treated in fuch a manner as the Company
cannot be authorifed to treat innocent aliens.
It mud be equally for the fecurity and
profperity of thofe countries, and the advantage
alike of the Company and this kingdom, that
British fubjects mould be encouraged to fettle
therein, not only for their defence, butlikewife
for the improvement of their commerce ; as
no trade can be carried on between them and
the other countries of Afia, but to their infinite
benefit. Let, however, the European trade
with them be confined to the European Com-
panies, at leaft for theprefent j but wifely leave
that of Afia open to whomfoever will engage
in it; as the fure confequences thereof muft
be the ftreaming of great wealth into Bengal,
of which England may avail herfelf for that
mod neceffary of all purpofes, the retrieval of
her circurnftances ; without which, her very
fecurity, as well as her power, will henceforth
be precarious.
Free-traders of all countries, if not our na-
tional enemies, or our rivals in Europe, mould
by every good means be encouraged not only
to deal with, but alfo fettle in the provinces of
Bengal, Bahar and Oriila. They can carry on
no trade without adding to the wealth of them ;
and their refidence therein -for the fecurity of
their own property will naturally contribute
much to the increafe of their flrength. All
men will act refolutely where they have pro-
perty to defend, and interests to preferve ; fuch
D 2 being
being the moft powerful of all attachments,
and the moft ftimulative of all incentives.
The articles which the India Company im-
pofe on their fervants, or fuch as go to fettle
in Afia under their protection, of not availing
themfelves of the laws of their country for
rcdrefs for fuffered violence or opprefiion, or
of being compellable to quit the country by
force, after a year's notice had been given them
to depart, though for no better affigned reafon,
than that it was not convenient for the Com-
pany they mould continue longer there, muft
in their very natures be illegal, becaufe highly
unjuft. No compact can be lawfully binding
in which convenience is not reciprocal j and
there muft be implied in all a tie of indifpen-
fable honour in the difcharge of refpective
duties. No man who has not done a public
or private injury ought, or conftitutionally can
be compellable to fuffer any grievous punifh-
ment. Let not laws, therefore, be made to
fanction practical tyranny, or to deftroy the
rights of nature, the bulwarks of focial fecu-
rity and the very ends as well as efTence of all
compacts. While the Company had only forts
to protect them for profecuting trade in the
countries of foreign princes, in regions very
remote from their own country, there might
at leaft have been fome colourable plea urged,
from neceffity, for flretching power a little
beyond the confHtutional line in fupport of
needful authority, and for the fecurity of
hazarded property in the hands of fervants and
dependents. But now, when thofe diftan-t
territories
territories are annexed to the Britim flate, an
act to eftablifh the Englifh laws in thofe coun-
tries, to be adminiftered by an Englifh fupreme
Court of Judicature, mould convey thither the
moft ample powers both for legal protection
and punifhment.
Any compacts that are not executable in
England, fhould not befuffered to be executed
in the Bengal provinces : and I muft prefume
to fuppofe that no man can bind himfelf here
to fubmit to an arbitrary tranfportation at the
will, or for the convenience of any mafter or
patron, if he has done nothing to forfeit the
protection of the laws : and furely no one by
compact mould be made tranfportable from
India to his prejudice, perhaps his ruin, without
at leaft the decifion of a Jury, that his conti-
nuance there would be greatly hurtful or dan-
gerous ; becaufe a contrary practice cannot be
Englimjuftice, but intolerable oppreffion, and
deteitable tyranny; fuch as would juftify re-
liftance by every poffible means, even the moil:
defperate that can be imagined, when puflied
to the laft extremity. Indeed, my Lord, re-
mote provinces mufi be ruled by better prin-
ciples of policy, or they can never flourim,
nor will the pofTeflion of them be fecure.
Fifthly, It cannot be deemed improper, that
any man in the Company's fervice, who fhall
be found guilty of extortion, breach of public
truft, embezzlement of public money or Aores j
or of defrauding the Company, or carrying on
any monopoly, after being duly convicted, and
the fentence of the Court in part inflicted,
ihould
mould be fent over, or tranfported to England,
if it be part of his fentence fo to fuffer.
But as in moft of the others, fo in the claufe
now under confideration, (pages 1 1 and 1 2 of
the printed Bill) there are great exceptions to
be made to its contents in their prefent form,
fome of which are as follow :
The claufe mentions conviction, by the
judgment of any Court of Judicature, to be
fufBcient for warranting the Prefident and
Council to immediately fend over fuch convict
to England ; and moreover, that every fuch
offender mall be, and is hereby declared to
be
Now the words any Court mufl imply, that
there actually will be more Courts for criminal
judicature than one in Calcutta, which will
have the power of inflicting fevere punimments
on Britim fubjects, or other Europeans, for I
muft fuppofe no Afiatics wiii be banimed to
this country : and as we know of no other cri-
minal Court intended to be eftablifhed in Ben-
gal, to which Britim fubjects will be amenable
for crimes, except that of a Quarter Sefiions,
to be held by the Governor and Council, as
Juftices of the Peace; why mould not the
power of paffing fentences of tranfportation
from India to England, be exprefsly confined
to the fupreme Court of Judicature alone ?
The crimes mentioned in this claufe are of
more than ordinary turpitude : and, as we may
fuppofe, the punimments to be inflicted on fuch
offenders, will be fines and imprifonments in
India, or fines and tranfportation to Europe
am
and as in the latter cafe efpecially it is reafon-
able to fuppofe, that fuch culprits will not be
the moil infignificant of people; it may be
remarked, (and mould be with refpect even to
beggars) that in all fuch caufes the Prefident
and Council will be profecutors, therefore par-
ties, like the Sovereign in England ; and by
their authority too, as by his Majefty's here,
the fentence pronounced on them will be car-
ried into execution. Surely, then, the execu-
tive power there, any more tKan here, ought
not to be fufFered likewife to be the criminal
Judge ; becaufe his fo being would make that
heterogeneous junction, or tyrannical monfter,
of Party, Judge and Executioner, whether
as an individual, or body of men ; which can-
not be conftitutional, becaufe deftruclive of
juftice, by the union of fuch powers as
would eftablifh a complete tyranny. And
furely, for perfecting juftice at fuch a diftance
from the feat of fupreme Government, it would
not be an improper precaution, exprefsly to
proportion the degrees of fines to the extents
of the frauds committed, or monies illicitly or
unlawfully acquired ; and more efpecially when
annexed to the punimment of banimment, or
tranfportation from one extreme part of the
globe to the other.
In England Magiftrates hold Quarter Sef-
fions, and can, and do inflict corporal and
other punifhments ; fuch as light fines,
whipping, pillory, imprifonment, and even
tranfportation : but then, while the Sovereign,
by his deputies, is the profecutor and executor
of
( 24 )
of juftice, the parties accufed are always judged
by their peers. Such, likewife, mould inva-
riably be made the practice in India ; nor ought
any but the moft perfectly conftitutional punifh-
ments to be inflictable by the executive ma-
giftracy at their Quarter Seffions in Calcutta.
Thefe matters, therefore, are highly necerTary
to be fully explained in the propofed act -, and no
opening left for Directors tofteal into the hands
of thofe whom they may place in the executive
truft in Bengal, any power to be fuch tyrants
and oppreflbrs as they have been of late years,
by the framing of fuch charters and laws of
jufHce as they hitherto have contrived to obtain.
As to the blank left to be filled up at the end
of this claufe, the Directors can only tell in
what manner they wi(h it to be done : but
if they mean to extend any punimment beyond
the exprefs letter of the lentence, or act of
tranfportation, farther than of difqualification
for their future fervice, it mod probably is fuch
as would be illegal.
Sixthly, Refpecting the claufe for prohibit-
ing any releafement from, or compounding of
debts, or penalties for crimes committed, on
which judgment has been given in England or
India, or for flopping prolecutions, fuits, or
actions commenced for any kind of offences,
I mall only obfcrve, that if it does not extend
to any kind of profecutions commenced after
the punimment of tranfportation had taken
place, in confequence of a trial in India, it
may not be improper. But if a perfon fentenced
to pay a fine in India, has not effe&s there
to
( 25 )
to be feized for the difcharge of it, after he
had been tranfported to England, he ought not
to be made liable to profecution for it in this
country, nor for any thing elfe concerning
what he had been convicted of in Afia. All
juftice purfued in thofe regions ought to be
there effectually and finally compleated ; or at
leaft fo far as to the very aft of fending tranfports
away, by which the fentence will be there exe-
cuted as far as can be done : even high treafon,
which has not been triable there yet, ought
in future fo to be. But with regard to penal-
ties incurred from fuits or actions firft com-
menced here, there appears to be nothing ex-
ceptionable in the claufe.
Seventhly, The claufe for authorifing " the
" Prefident and Council of Fort William to
" make and ifTue fuch rules, ordinances, and
" regulations for the good order and civil go-
" vernment of the faid United Company's
" fettlement at Fort William aforefaid, and
" other factories and places fubordinate, or to
" be fubordinate thereto, as mall be deemed
" jufl and reafonable, (fuch rules, ordinances,
" and regulations not being repugnant to the
laws of this realm) and alfo impofe and levy
all neceffary and reafohable imports and
duties on commerce and trade, for the fup-
port of the faid United Company's civil
government in Bengal, and to let, impofe,
inflict, and levy fines and forfeitures for the
breach or non-obfervance of fuch rules,
ordinances, regulations, rates and duties;
but neverthelefs the fame, or any of them,
E fliall
" mall not be valid, or of any force or effect,
" until the fame {hall be duly regiftered in the
" faid fupreme Court of Judicature, to be by
" the faid charter eftablifhed, with the con-
" fent and approbation of the faid Court ; and
" from and immediately after the regiftering
" thereof, as aforefaid, the fame mall be good
<e and valid in law : but neverthelefs it lhall
" be lawful for any perfon or perfons to appeal
" therefrom to his Majefty, his heirs or fuc-
" cefTors, in Council in England, fo as fuch
" appeal, or notice thereof be lodged in the
" faid new Court of Judicature, within the
*' fpace of days after the time of re-
" giftering fuch rules, ordinances, regulations,
" rates or duties : yet neverthelefs, fuch ap-
te peal ihall not obflrucl, impede, or hinder
" the immediate execution of any rule, ordi-
" nance, regulation, rate or duty, fo made
" and regiftered as aforefaid, until the fame
" mail-appear to have been quamed or vacated
" upon the hearing and determination of fuch
"' appeal."
On this compleat junction of legiflative and
executive tyranny, the following obfervations,
made in order, are fubmitted to the confidera^-
tion of your Lordfhip and the Public.
Hitherto the India Company, or rather the
Court of Proprietors, has been entrufted with
powers to make bye-laws, for regulating a
trade in which their own property was em-
barked, and for the good government of the
fervants whom they had in their employ. But
by this claufe it is propofed to place an arbi-
trary
trary power, to be exercifed at will, in the
hands of the deputies in India of the Com-
pany's deputies, the Directors in London, to
make ordinances or laws, and to eftablifh fines
and forfeitures for the non-obfervance of them;
and like wife to impofe and levy fuch imports
and duties as they fh all think neceffary and rea-
fonable, not only on Britifh fuhjects in the fer-
vice, or under the protection of the Company,
but Hkewife on commerce and trade : which
muft greatly affect fifteen millions of Indian
people, now the fubjects of his Majefty, the
people of other countries refident in any of
thofe three provinces, all the countries of Afia,
the factories, and, in effect, the commerce of
other European nations, with whom embroils
muft thereby be hazarded ; and without an/
other check than the Judges of the fupreme
Court of Juftice, who can, if they fo pleafe,
refufe to admit their being regiftered.
Thefe refpective powers, which are intended
to be entrusted with the Executive Prefiden-
tial, and the Judiciary Boards,, will have a
natural tendency to eftablifh a common intereft
between thofe parties which mould act as ftrong
checks on each other : and they, by co r opera-
tion, may effectually purfue it to all lengths
with impunity, unlefs the infliction of punilh-
ments of every kind, but military, be reftricted
to the fupreme Court of Judicature alone, and
therein to be decided entirely by Juries. Nor can
it be expected, with fuch powers in their hands,
but that they will be continually feeking occa-
fions for raiting money, even by the moft op-
E 2 preflive
( 28 )
preflive means, for the fake of advantages 1to
be reaped from its expenditure. My Lord,
temptations to collufion ought effectually to be
prevented, or they will prove deftructive of all
order and good government, and, in the event,
ruinous to thofe countries, the Company, and
this kingdom. The power of laying on new
taxes mould not even be entrufted with the
v Company itfelf, and much lefs with its fub-
flitutes, either in Europe or Afia. The Mo-
guls rarely exercifed it there in the higheft
plenitude of their power: and all kinds of
taxations upon a trade of exports in manufac-
tures will, in their effects, every where prove
fatal. They are fo operating in England now,
in conjunction with taxations by landlords, as
your Lordfhip, the parliament, and the whole
kingdom may readily fee, by the prices of gold
and filver bullion, the condition of the coin-
ages, and the ftate of real money among
us : and they will much fooner ruin India,
(where a paper fubftitute will never do) if the
Companyfs Servants are there fuffered to bur-
then the people as they pleafe.
In many kinds of taxation, experience can
only mew the effects of their operations : for
which reafon, and from confidering the extents
of thofe provinces, it muft be contrary to found
policy, and the reverfe of true juftice, to limit
the rights of appeal to any number of days
after the laying on of fuch imports. When-
ever taxes may be found indifpenfibly neceflary
/ to be raifed, all projected means for impofing
them Ihould be openly difcufTed in India,
in
( 29 )
in order that the objections which can be made,
may be tranfmitted with them to England, for
the consideration of the Court of Proprietors ;
which Court alone mould have the power of
making bye-laws, or eftablifhing taxations,
under the infpection and controul of his Ma-
jefty in Council, if not of the Parliament,
and with fuch concurrence only carried into
execution. Laws ought not to be firft executed,
or taxes levied in countries fo remote from the
feat of fupreme government, and then con-
fidered of here; becaufe fuch evils will be
likely from thence to arife, as may afterwards
be found beyond the reach of any remedies to
remove.
Be extremely cautious, my Lord, of throw-
ing unlimited powers into the hands of any
kind of adventurers, in countries at fuch a
diftance, whofe fixed objecl: mull be the rapid
acquifition of fortune. And who, in India,
will dare to remonftrate againft any meafures
of men that can inftantly effe6t their ruin by
baniihment from the country, (if the executive
and judicial powers aft in confederacy, as the
authorities propofed will not only enable, but
likewife encourage them to do) unleis protected
by efficient laws in fo doing? The firft atten-
tion of fuch rulers, your Lordihip may depend,
will be how to make the utmoft they poiiibly
can, if left to the mercy and confcience of them
for fo doing.
Having rimmed the obfervations I undertook
to make on the Eaft- India Bill that is depend-
ing in parliament, I (hall now fubjoin ibme
conlidcratioas
( 3 )
confiderations on the prefent ftate of the Bengal
provinces, as likewife on that of the Company,
and of this kingdom ; and then conclude with
fome curfory remarks.
The unanfwered public reprefentations which
have been made of the various illegal, oppreffive
and tyrannical powers that have been long ex-
ercifed in Bengal, can require no farther con-
firmation than the very application of the Board
of Eaft-India Directors for a new charter of
juftice, to prevent them in future. Indeed,
from the feveral allegations, charges, and proofs
that have been produced, no rational doubt can be
entertained of there having been horrid abufes
and violences pradtifed, as well in judicial pro-
ceedings, as by executive power in India -, to
the infinite wrong, not only of fifteen millions of
defencelefs natives, but likewife to numbers of
traders and fettlers of the countries of Afia,
and many of his Majefty's European fubjects.
In fhort, the prefent ftate of thofe provinces
is, that of great want of money, from the
exhaufting draughts which have been made
from them by the Cornpany and their fervants,
and by ill policy, in embarraffing, and in ef-
fect fhutting up the many channels of Eaftern
trade, which ufed to pour abundance of wealth
into thofe countries; a great depopulation,
from the difcouragement of induftry by op-
preffion; and a very powerful neighbour,
watchful to reap every advantage from the
effects of ill policy and bad government ; with
European rivals, made enemies from difguft,
as well as by jealoufy, who will be ready to
. - affift
( 3' )
affift in the accomplishment of our destruction
on that quarter of the globe.
The Bail-India Company, my Lord, were
not inftituted for the governing of extenfive
dominions, nor arc they qualified for fo doing.
They were incorporated for the fole purpofe
of profecuting a fingle branch of national
trade : and whether confidered in their legifla-
tive or executive capacity, the degree of their
real property in ftock, their Situations in the
community, or by any fpecimens we have had
of their principles or talents, they may cer-
tainly be pronounced unequal to the executing
of fo important a truft. The known instances
of their not profecuting great offenders to
juftice, and of their not granting redrefs to the
moft cruelly injured ; but above all, the inftance
produced by myfelf, of their daring even to
render ineffectual their Sovereign's judicial de-
cree, made in the fupreme Court of Appeal
from India to this kingdom, for reftoring a
Judge to his office, from which he had
been illegally forced even into an unjuft ba-
nimment, are, with the actual ftate of theif
affairs both in Afia and Europe, fuch proofs
of their unworthinefs, as well as incapacity,
as mutt warrant our pronouncing them unequal
to fo great a charge.
From the extraordinary changes that have
happened in their affairs, the proprietary com-
munity have been made to fink into fubfer-*
viency to their executive fervants. By the ex-
tent of intrigue, the powers of combination,
and the immenfely augmented means of gra-
tification,
( 3O _
tification, both. in India and in England, Di-
rectors, my Lord, have really become enabled
to be their own creators to, and likewife pro-
tectors in the arbitrary government of more
people than can be found in the whole Britifh
dominions that are under the immediate ad-
minifrration of the Crown. They mayal moll
be conlidered as the rivals of the Sovereign and
Parliament of this kingdom : and fhould they
continue in the courfe they are now purfuing,
with the increaling aid of imported wealthy
relations, dependents, and the means of cor-
ruption, they may bid fair in a fhort time to
be the makers of parliamentary majorities, and,
by degrees, alfo of parliaments j nay, poffibly,
at laft, they may afpire at making Kings in
Europe as well as in Alia ; when, by the help
of their Hindoftan policy, they may, in effect,
make Leadenhall-rbeet the feat of fupreme
government over all the Britifh dominions on
every quarter of the globe.
It is impoffible, my Lord, in contemplating
on this fubject, not to recoiled: the power ac-
quired in Italy, near two thoufand years ago,
by the Roman fpoilers of the Eaft, that inex-
hauftible fource of riches to conquerors from
the remoteft ages of which we read. And
though, in many things, the appreheniions
that have been mentioned may be conlidered
as extravagant, yet certainly many evils may
be dreaded, either from the mifapplication of
Indian wealth, or, in the prefent unprofperous
ftate of our other national trade in general,
from the unfortunate lofs of that fupply in
future,
( 33 )
future, by inattention or mifmanagement; for
England may be made, in either way, to hazard
wonderful difficulties, if not fudden ruin.
The ferious part of the people of this king-
dom, from obferving how caufes operate, are
already framing extraordinary opinions on the
profpects of approaching times, as well from
the unbounded power of corruption on one hand,
as from a vifible extreme promptitude to vena-
lity and proftitution on the other, owing to
the tafte and turn of our over-highly polilhed
age. Soon after the revolution, my Lord,
the refpective Directors of two different India
Companies, with their own property only,
found themfelves able to bribe King, Parlia-
ment, and in effect to coufin the whole nation,
to grant and admit their acquiring two fuch
charters as in their powers were incompatible
with each other, and confequently in their
exiftence illegal, though warranted by acts of
parliament ; and from law, as it was at leaft
pretended, they derived effectual fupport.
What then may not the joint efforts of thofe
lince- united Companies hereafter accomplish,
with the power of plundering fifteen millions
of people, added to the enormous profits of
exclufive trade ? Though partly painted in
perfpective, the fore, or near ground of this
picture, my Lord, is charged fufficiently with
objects that are well worthy of attention.
This kingdom, with all its poffeffions,
profpects and boafted ftate of profperity and
happinefs, is unqueftionably in a dangerous,
F an
( 34 )
an alarming fituation -, of which the following
facts are indubitable proofs.
Our trade in exported manufactures, and
especially for Europe, has fo very much
decreafed, and therefrom the balances of trade
have fo greatly turned againft us, that we are
now in apparent want, and likely to be foon
deftitute of real money in circulation.
The ftate of our coinages has become fuch,
from the high rates of gold and filver bullion,
owing to the decay of our trade of exports,
that no filver coinages of his prefent Majefty
have been made, at leaft none have appeared
in circulation ; nor, if they did, would they
continue therein ; as great profits can be made
by melting them down for fale as bullion,
or for exports to pay debts or dividends on the
continent. Gold coinages, as your Lordfhip
muft know, cannot, likewife, be made but
very greatly to lofs ; the coinage price being
three pounds feventeen millings and ten pence
halfpenny an ounce, and the price of bullion
at prefent four pounds and one milling. It has
been a long time fluctuating between the rates
of three pounds nineteen millings, and four
pounds one milling and fix-pence. I dare
then to afk your Lordfhip, the Bank Directors,
and both Houfes of Parliament, if they are
fkilled in fuch matters, if things can poffibly
long continue to go on at this rate; or if they
could have gone on to this time, but for the
refources of Bengal? And thofe have been
drained dry by one channel or another,- info-
much,
( 35 )
much, that both thofe countries and thefe are
now in great danger therefrom. No precau-
tions of Bank Directors or of Government
can prevent coin being carried out of the king-
dom, while we have balances to pay ; and all
created difficulties or dangers will only ferve to
increafe the quantities fo parted with. There
is but one efficient remedy to cure the evil ;
which is that of taking care to have few
balances to pay. This can only be done by
lowering the prices of our manufactures, for
procuring them fale at foreign markets. In
order to do which, the land-rents of the king-
dom muft be reduced to the ftandard they were
at forty years ago j the farms re-divided, and
their plundered rights of commonage re-
ftored to the people. Ridiculous and impudent
are the pleas of improvement, with public
robberies, into national want and depopula-
tion.
Sufficient proofs have been given of a great
decreafe in the grofs number of the people :
that of /vagrant paupers is every where ob-
vioufly augmenting, and pari(h rates have
been long growing enormouily burthenfome.
The people are driven by want to defperation
at this very time, equally in England, in
Scotland, and in Ireland ; and there are now
great defertions from all, but particularly the
two latter countries. The act for regulating
the prices of grain will have milchievous effects.
Its dam and its wier are a dream and a viiion :
and the medium price it is ddigned to eftablifh
Fa is
( 36 )
is an eftimation of grofs ignorance, with re-
fpeft to the ordinary, or even extraordinary
prices of Europe : fo that, if the maintenance
of it is perfifted in, it will foon operate to the
deftruction of every yet-exifting manufactory
of the kingdom for exportation, and probably
bury your Lordfhip, with Mr. Arthur Young,
for ever under the ruins of your country.
Such, my Lord, is the actual condition at
prefent of this kingdom: and I dare your
Lordfhip, the Parliament, Bank, Royal Ex-
change, or the whole nation fairly to under-
take the difproval of it. There are, however,
undoubtedly wife meafures to be taken, that
would effectually operate for our national re-
demption ', but I fear a want of honefty will
prevent their being adopted or purfued.
But farther, with regard to the India Bill,
in every light in which it can be viewed, the
appearance will be ftrong of its being calcu-
lated rather for the increafe than diminution
of defpotifm in Bengal. Unlefs all decifions
of importance are made by Juries, there will
no impartial juftice be administered in thofe
countries : nor, without great freedom and
full fecurity in trade, can the Bengal provinces
ever again be made fo flourishing as to be able
to enrich this kingdom by any other means
than the imported fortunes of fucceffive
fpoilers, oppreflbrs and tyrants.
It will be ill policy to permit the Company
to aim at engrofling the trade of Bengal even
with Europe, or to bury the revenues of thole
countries
( 37 )
countries in dead ftock at home ; with ftrain-
ing their credit to make burthenfome impor-
tations, to the lofs of much intereft of money,
the increafe of expences, and at the rifk of
great injury from goods periming in ware-
houfes. Were the Afiatic and other commerce
more encouraged with thofe provinces, they
would foon abound with money; when, in-
ftead of over-imports of merchandize, the
Company might make moderate ones of bullion,
for the fupply of our markets, where it has
long been the fcarceft commodity known in
this kingdom.
It is a prevailing opinion, that government
cannot be entrufted with the adminiftration of
thofe provinces, though the right muft be the
fame as for thofe of America. I wave difcuffion
of the fubjecl; and am forry that government
appears in fo difgraceful a light. But with
regard to the interefts of thofe countries and
the British flate, the matter is certainly not
mended by leaving it in the hands of Eaft-India
Directors, for their fway is by corruption : and
the corruptions of Leadenhall-ftreet may,
perhaps, eafily be made auxiliaries to thofe in
higher places. But with regard to the fub-
je&ed Afiatics, and even the generality of Eu-
ropeans, furely nothing can exceed the frauds,
iniquities and tyrannies of their double, let
me fay treble governments.
But if thofe unhappy countries muft con-
tinue farmed to the Company, with their
revenues of many millions, for what may be
confidered
3549
( 3$, )<
confidered as a miferable quit-rent, the pre-
fervation of their pofTeffion fhould at leaft be
confidered as an objed: of fuch importance to
the ftate, as to caufe a watchful eye, on the
part of government, to be kept fteadily fixed
on the condudl of thofe who are deputed to
rule them. I muft, therefore, prefume to
think, that it mould be deemed needful for his
Majefty to have always a reiident Minifter at
Calcutta, for furnifhing him with regular in-
formation of the ftate and profpedt of affairs
in thofe countries ; and likewife of the political
meafures of the Governor and Council, with
alfo the proceedings of the fupreme Court of
Judicature ; in order that proper checks may
be timely given to all riling abufes, and that the
whole machine of government may be fecured
againft deftmdion from diforder.
The expence of fuch a reiident Minifter in
India need not be made materially burthenfome
to government. His requifite qualifications
muft be competent underitanding, integrity,
and a confiderable knowledge of the interefts
and language of thofe countries. The poflerTmg
of thele latter muft make it necerTkry that
he mould previoufly have lived in Bengal,
either in the fervice, or under the protection
of the Company : and having been in fuch a
ftation, a moderate falary, with the privilege
of licit trade with the countries of Afia, but
anfwerable to juftice for engaging in any other,
would be a furficient compenfation for the dif-
charge of his duty. He fhould, however,
have
( 39 )
have all the perfonal facrednefs and fecurity of
an AmbafTador ; and likewife a feat and vote
in all Councils afiembled on matters of govern-
ment and policy, but not in thofe for mere
trade.
Imagine not, my Lord, that I have been
propofing the inftitution of an office with the
leaft view to occupy it myfelf. I have not
addrefTed you in the ftile of a fuitor; and,
having never been in India, cannot be qualified
for the employment. But I think policy,
honour and juftice may direct you atprefent to
the choice of a man, of whom the public will
perhaps be inclined to think more favourably
than of any other.
I am, with great refpect,
My LORD,
Your Lordihip's moft obedient,
humble fervant,
*******
*r 9 s
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