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, 
 
 *******
 
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