~'iew of the Contested its in the Negotiation Between Administration the Directors of the 'i India Company. . . UNIVERSITY OF CALIFORNIA AT LOS ANGELES A VIEW OF THE CONTESTED POINTS IN THE NEGOTIATION BETWEEN ADMINISTRATION j AND THE DIRECTORS OF THE EAST INDIA COMPANY, ON THE SUBJECT OF THE RENEWAL OF The Company's Charter ; AS THEY STOOD ON THE NINTH OF APRIL, 1793. LONDON: PRINTED FOR J. DEBRETT, PICCADILLY AND J. SEWELL, CORNHILL. *793- ' [Price One Shilling and Si A VIEW OF THE CONTESTED POINTS, THERE never was a crifis in the flate and affairs of the Eaft India Company more momentous than the prefent. The queftion they have now depending is, whether they fhall con- O tinue to be lords over rich kingdoms, paying ^ large revenues, maintaining numerous armies, yielding the moft valuable articles of commerce; whether they fhall continue to enjoy a regulated monopoly of the immenfe trade carried on be- tween Great Britain and the Eaft, and thus the fineft commercial fleet the world ever faw, alfo 1 continue to be maintained ; whether the debts of ^ ? the Company fhall be put into a happy train of T "^liquidation, and the dividend of the Proprietors A 2 be, '354675 ( 4 ) be, in the mean time, raifed to ten per cent., with the brilliant and rational profpect of an annual ad- dition to their capital befides, and that after paying half a million yearly towards the public expence; whether the interefts of the Company and the na- tion (hall be thus cemented, and mutually confo- lidated : In a word, whether the Company fhall continue to hold a fituation far more fplendid in refpecb to territorial dominion, commercial gran- deur, vaft revenues, and extenfive patronage, than fubjec~b of any other ftate, ancient or modern, ever enjoyed j and, indeed, fuch as few fovereign Hates could command j or whether, divefted of territory and of exclufive privileges, reduced to raife a trading capital from the ftockholders, ex- pofed to innumerable rivals and difturbances in every feat of their commerce : Incapable, in fhort, as they would thus foon find themfelves of carrying on trade whether their affairs fhall be brought to a ftand, and the proprietors, inftead of continuing to receive even the former dividend of eight per cent. t which was a profit, (hall have to draw forth, by degrees, dividends upon the capital, as the affets t of ( s ) of the Company, depreciated by its decline, can be realized ? This is, in effect, now the queftion. What- ever may be faid, and faid even from mod re- fpeftable authority, we hefitate not to declare our firm conviction, that, in the poffefiion of an ex- clufive charter, are involved all thofe effential interefts, and even the exiftence of the Company as an active body. It has been fuggefled, that, without the aid of an exclufive commerce, the territorial revenues would yield a furplus fufficient for the participa- tion propofed between Government and the Com- pany : But what would the Company's fhare of that participation be, in comparifon of the ad- vantages they now derive from the revenue ? And fince the State lays claim to the territory, and is itfelf to decide upon the claim, fince the eftablilh- ment of an open trade between India and Great Britain would afford a variety of new channels for the remittance of the tribute accruing to the latter ( 6 ) latter country, how long may we fuppofe the Government would think fit to continue to the Company a fliare of that income, in the reception of which its agency ceafes to be thought necef- fary ? Again, it has been alleged, that, with the great capital, the numerous eftablifhments, and the long experience which the Company poflefs, they muft be fuperior in every market to all the private traders who can enter into competition with them : But, befides that their capital would be extremely reduced, if they received merely an annuity from the territorial revenue, the queflion is not, whether the Eaft India Company would be fuperior to their rivals, and might be able, by the weight of capital, to crufh them ; but, whether a trade fo carried on would be beneficial to either party ? We venture to affirm, that it would not i we venture to affirm that, if per- fevered in, it would end in the depreffion, if not the extinction, of all prefent contending interefts, and of the greater part of the home revenue de- rived by the Government from the Eaft India trade. ( 7 ) trade. After this, a new order of things might in- deed arife. When the field Ihould be cleared of all the firft powerful competitors, a more quiet fcene might remain for the humbler adventurers who fhould afterwards enter upon it. Trade would indeed be free, but the markets fpoiled. What changes alfo might have taken place in the coun- try it would not be eafy to fay ; but, as the refult of all, we are not afraid of avowing it to be our opinion, that neither would this nation derive fo much profit, nor the ftate fo much commercial revenue, from the India trade as it does at pre- fent. Be this point, however, decided as it may, it is entirely probable that, before a decifion was formed upon it, the Eaft India Company, left with only their corporate capacity, would ceafe to carry on adlive commerce j they would then only have to wind up their affairs, to pay off their debts, and, from fubjects moveable and immo- veable, to fatisfy the proprietors for their (hares of the capital ftock. To what difficulties, difputes, delays, lofles, they would thence be expofed, ic cannot be necefiary to ftate ; the cafe of an indi- vidual merchant, who feels himfelf obliged to come ( 8 ) come to a (land, is a familiar, but by no means an adequate illu fixation of what their .condition would be. The proprietors wil! confider what in this cafe the value of their ftock would be, and whether, notwithftanding the adlual property of the Company is held to warrant the prefent mar- ket price of that ftock, if dividends even of eight per cent, ceafed to be paid, and if the capital were only to be realized from the converfion of merchandife and of dead fubjects into money, that ftock could be difpofed of even at par. This unhappily is not the propofal of a diftant vifionary cafe. The thing is come near to us. A few weeks ago we had a profpect at once the moft fhining and the moft real, of long and in- creafing profperity $ the hopes of thofe who were the moft fanguine, the wiflhes of thofe who were the moft attached to the Company, were exceeded by it. It was a profpect which feemed to give the nation at large content. But now a dark cloud has covered all 3 we fee not that we fnall have an exclu- five charter at all ; much lefs that we fhall have an increafe of dividend, or a long participation of ( 9 ) of revenue, or the continuance of commercial profit, or an affurance of any of thofe things which, united, raifed the Company to fo high a point of view, and their flock juftly to fuch pre- eminent value. What is the caufe of all this ? Can we not reftore the flattering profpeft which was fet before us ? How fhall the differ- ences which have arifen be accommodated ? A fair inquiry into thefe points is the fubject of the prefent Trad!:. It is not, we conceive, enough for the India Company to fay, that the national inte- refts are fo deeply concerned in the fyftem which their Directors lay down, as that it is the part of Adminiftration to accede to that fyftem. If this were indeed fo (and certainly, though we cannot fully afifent to that propofition, we are of the number of thofe who think that the interefts both of the State and of the Company will be better confulted in their union, than in their dif- j unction), yet this is not the proper ground for them to reft their caufe upon *, and they go upon argu- * No doubt there are very cogent arguments of a public nature for an accommodation between Government and the B Cgra- ( 1 ) arguments extraneous to the conftituent body as a Company. They argue upon the fuppofed ne- cefilties of the other party, rather than upon the intrinfic right of their pretenfions *. Neither can we fo far forget the fituation of the Eaft India Company as to regard the negotiation between them and Government, as a negotiation between two independent powers. Both indeed have important interefts depending, but the Company has its exiftence. The one has the power of concefllon ; the part of the other, is, by Company; nor have we any reafon to fear that Adminiftration will not fee and refpeft thefe arguments; but the Directors, in taking this ground, feem rather to occupy the place which his Majefty's minifters muft think of right to belong to them. * Let it not, however, be underftood, in what is faid here, or elfewhere, that we mean to difparage the ability, the inte- grity and honour which are to be found in the Court of Di- rectors. We know that it poffefles men eminent for. thofe qua- lities; and in treating of public fubje&s with the freedom ne- cefiary for the communication of opinion, we would wifh to ftand remote from the imputation of being influenced by per. fonal illiberality. wifdom, wifdom, argument, temper, deference, concilia- tion, to aim at obtaining all that is really effential to the Company in a new agreement j and if their juft endeavours to this end finally fail, the nation will then fee and judge. In the fad reverfe which has taken place in the afpect of this negotiation, we fearch in vain for adequate caufes. We nei- ther difcover the real differences which fhould hinder the progrefs of negotiation, nor trace the firft occafion of mifunderftanding and alienation. Whatever thefe may have been, it is not our pre- fent intention to aggravate them, but rather, by a review of the negotiation, to appreciate the points in difpute, and to propofe the means of accommodation. In order to form a proper idea of the juftice or injuftice of the prefent claims'niade by the Court of Directors, in contradistinction to the rights con- tended for by Adminiftration, in behalf of the far greater general interefh of the empire, it will be neceflary to take a Ihort retrofpect, and alfo to compare the offers held out now by Adminiftra- tion, with the expectations of the reafonable part B2 of the proprietors two years ago. We muft like- wife compare the claims advanced by the great manufacturing interefts of Great Britain and Ire- land, with the terms now propofed by Admini- ftration for their relief, and view at the fame time, with a liberal eye, what is due to our fub- jefts in the Eaft. For feveral years after the com- mencement of the preient adminiftration, itfeems to have been annually infifted upon in Parliament by oppofition, when Mr. Dundas, the minifter for India, brought forward his budget, that the Company were involved in debt, which everyday increafed j thus of courfe haftening on their ruin. On the other hand, the minifter for India, and his friends, argued that they were in a conva- lefcent ftate, and, under the prefent management, ivould make a rapid progrefs to profperity. The price of their flock, which in peace is the beft criterion of public opinion, rofe from being fo low as 1 18 per cent, in 1784, to 190 per cent, in ,1791, where it feemed to have found its level. This ( -13 ) This certainty, when compared with the na- tional funds, proved, that the general expectation did not reach 4 per cent, as a permanent intereft on the money invefled in the Company's (lock. In 1791 Mr. Dundas, after opening the India budget, declared it as his opinion, that our affairs in the Eaft were now in fuch a progreffive flate of profperity as warranted him to fay, " That Bri- tain would fooner benefit by a participation of the Indian revenue, than India would benefit by fup- port from the revenue of Britain ; and that the day was not in his mind far diftant, when the flate might thus participate." This flruck the Houfe with agreeable furprife, but by many it was fuppofed to be impofiible. The great manufac- turing interefts of the kingdom have uniformly exclaimed againft the Company's monopoly. They have complained that fjieir induflry has been cramped by the Company's not extending fufficiently the exports, nor allowing others to do fo. They have preffed the ad mini ft rat ion on a variety of points, according to their refpective in- terefts ; but the great majority or" them feemed to 2 agree ( '4 ) agree in this, f< That there fhould be a. free ex- port and import trade, between the merchants of this country on the one parr, and China and In- dia on the other, in fhips of their own, independ- ent of the Company's' control , and that they ihould have leave to fend their own agents to thofe countries, and to employ whom they pleafed." :\ he can have no reafon to complain of the Company's monopoly. And on the other hand, if the Eaft India Company do not contri- bute their aid to thofa elTential objects, by fur- niihing freight at a cheaper rate than any indivi- dual can do upon his own bottom j it is a proof that the allegation of the Company's trade not being conducted upon the true principles of com- mercial ceconomy, is better founded than I am at prefcnt difpofed to believe it to be. I am aware that there may be difficulties in the execu- tion of this propofition, even admitting the prin- ciple to be a juft one : But thefe are more pro- perly perly the fubject of future conference. I am fa- tisfied the difficulties are not infurmountable, and I am fure it is the duty, and it muft be the incli- nation, of the Eaft India Company to fmooth, to the utmoft of their power, every difficulty that may occur in this efiential pare of any future arrangement." r The purport of Mr. Dundas's letter no fooncr ' went abroad, than the flock rofe from 179 to 195; for all thinking men concluded the whole bufmefs was finifhed, as every reajonable expectation of tbs Company had been anticipated. * In the Court's anfwer, however, of the 21 ft of February, it will appear that, although they ac- knowledge the very candid and liberal manner in which Mr. Dundas has given his opinion, they yet are only -ready to receive all that he propofes for their bent-fir, without fhewing an inclination to concede on their part what he conceives to be abfolutely neceffary for the purpofe of transferring the clandeftine trade, from foreign (hips and D foreign foreign ports, to the Company's fhips and the port of London. They, in the firft place, refer to their reports, as laid before the Houfe of Commons in this feflion, on the export trade, to prove that the ad- vantages arifing from continuing the ftrift mono- poly muft be greater than a well-reg'ulated mono- poly. On a reference to thefe reports, it will be found that they fay " they have exported a fuffi- cient quantity of goods to fupply India ,-" on the contrary, we ajfert that they never had.jupplied one Jeventh fart of the goods exported to Indict, and we refer for the illufiration of this afiertion to a do- cument annexed, wherein the exports of the dif- ferent nations of Europe are accurately ftated, and with which we have been favoured from un- queftionable authority. w That the confurription of European goods, owing to the religion and habits of the. natives, could not be materially in- creafed j" on ~the contrary, it is notorious to all the world, that it has been, and continues, in a rapid frogrejfi-ve Jlate of increaje. "JThat the confump- tion tion of woollens, an article which the Company had ever amply fupplied, and which had engrofled their unremitted attention, had fallen off much in India of late years, and was ftill declining." On the contrary, it appears that the confumption of this article had certainly been in a progrejfive ftate ; and although the Company, from being for many years in the habit of neither fending the quantU ties indented for, nor the qualities defcribed, ha4 forced great part of the trade into other hands, they ft ill hadjold more in the loft ten years> ending in 1790, than in the ten years ending in 17805 as ap* fears by the Company's records. Thefe reports are ably drawn up, if meant to filence thofe unacquainted with the fubjecT. ; but; otherwife, to the informed, there appears fo very limited a knowledge of the export trade to India, particularly of that carried on by foreigners, clan* deftine traders, captains of the Company's fhips, and fo limited a knowledge alfo of the demand in India for European goods, as is really unaccount* able. They moreover feem to have taken much D 2 paing pains to prove that they had always loft largely by the export trade. In fhort, from this latter aflertion, and many Others equally unfounded, no papers could have been produced fo well calculated as thefe reports are, to prove the bad confequences refulting to the Hate from their exclufive monopoly of the Indian trade, tin I efs properly regulated, on the prin- ciples early fuggefted in Mr. Dundas's letter of the i6th February laft. The Committee of Cor- refpondence fcem to fhew in their anfwer, that they have no intention to make conceffions, as appears from their own language in page 14, No. i. of the printed papers, viz. " The ideas fuggefted by Mr. Dundas will re- quire a more correct definition and explanation on almoft every point : In their prefent form they go to the full extent of depriving the Com- pany of their exclufive trade ; whilft the Com- pany are expected to provide freight for the mer- chants and manufacturers at a rate cheaper than they can procure it elfewhere. 11 It is fufficient merely to ftate thefe fa&s, in order to fatisfy Mr. Dundas that the Court of Directors never can recommend, and that the Pro- prietors never can accede to, either of theje prcpofi- tions, in the general manner in which they arc ftated in Mr. Dundas's letter." They are of courfe/in their firft anfwer, almoft completely at variance with Admin iftration upon the points which the latter require. They propofe to fupply eight fhips, for the merchants to fend out exports, at xol. per ton, but with the exception of naval and military ftores. It will appear afterwards that they did not flop here, but changed their ground, and objected likewife to copper, then to all metals, to pitch, tar, mafts, &c. &c. An appearance of accommodation feems to have been aimed at in an advertifement in the newfpapers relative to thefe eight fhipi. Freight was ( 30 ) was offered at lol. per ton, afrer excepting againft the only articles that could be fuppofed worth fending, and at a period well known to be too late to provide goods. Now can there be a man, pretending to the lead knowledge of exports, who does not know that thefe articles excepted againft were in reality the only material articles of export, and that no cargo could be made up without them ? Such an offer made to the merchants, what Ihall we fay of it ? That it arifes from ignorance ; or is it infult added to injury? We will affirm neither-, our wifti is to heal. But independently of fuch confiderations, if the merchants had been allowed to export what articles they chofe, no trade could be carried on in exports to India, unlefs as an aid to the imports from thence j for the connec- tion between the two is this : On goods from India to Europe, the merchant of India, let it be fuppofed, gains twenty-five f>er cent. So if he lofes ten per cent, in remitting his ( It } " ' his money back In European exports to India; which, after paying commiflion, intereft, and in- furance, amounting to about fourteen per cent. is no uncommon cafe, he ftiil gains by the general ad- venture, fifteen per cent. The profits on imports, therefore, form the grand inducement for exports to India, and of courfe as the imports from thence are allowed to increafe, the trade in exports from Europe will increafe in a certain relative propor- tion i and without this we can have no reafon to expect a rapid increafe of it. The Committee, ia their anfwer, are fo tenacious of their monopoly, that they refufe even the liberty to bur manufac- turers of importing, raw materials ; but as an ac- commodation, they propofe granting bills from India, on Europe, at 25. the cc. rupee. The fad is, that bills to a great amount are now annually wanted en India, and not ficm it. Befides this, owing to the diicount on the Com- pany's bonds abroad, of from eleven to fifteen percent. \ a purchafer of them has had it ia his power for fome years paft, by exchanging them for Jong long bills at the eftablifhed rate of is. itd.^r ct. rupee, to realife here as. id. to 2s. 2d. j of courfe, even if bills were wanted, the exchange of as. would be no inducement. It is clear then that this could be no accom- modation to the merchants or manufacturers, nor in the fmalleft degree tend to draw the trade, now illicit, to the port of London. The rate of freight, or lol. per ton on exports, which they fay is lower than the rate of Oftend, certainly is higher than the freight there or any where elfe in Europe. The freight eftablifhed by the Dutch, on their regular fhips, is 6K per ton. They take it for granted, in this report, - 350,000 for officers privilege, at - - - ) Surplus at the difpofal of the) * Governor-general in council ) * >y7 ' 5 In thefe they certainly did not mean to over- value any thing. Their fentiments of revenue would ( 35 ) would be too extenfive a field to enter upon 5 but as in t the fale of exports there can be no intri- cacy, we fhall juft touch on the lofs they make to arife on them. The coft of goods and ftores has lately exceeded to India per annum 400,000 And the amount received for certi-"^ ficates, as by appendix to the budget, t , G, on an average of five years, ending f" ^ > 1 ^ in 1790-1, was } And as, from the preceding ftatement, they only value the fale of thefe exports and cafh re- ceived for certificates together, at 350,000!. they thus appear to have loft ioo,oool. per annum on their exports of 400,000!. : If this was really fo, how can we account for their wifhing to continue fuch a lofing monopoly? One fact -we certainly have before us that from the commencement of their reports, No. i, 2, and 3, on the export trade, to the end of them, they infift that they have loft largely every year by the exports, and furnifh a variety of ftatements to prove it. This is corroborated by the prefent ftatement E 2 given ( 36 ) given in by Mr. Dundas in his budget, in which they make their lofs joo,oool. on 400,000!. Now if it be true that the Company lofe 25 per cent, upon their exports, whether chargingthem with commuTion and intereft or not, and if private traders lofe, not even, with thofe expences and in- furance accumulated, more than ten $er cent, if fo much j if private adventurers, in fhort, do not lofe twentyrfive per cent, which we pronounce to be impofiible, becaufe with fuch a lofs the clan- deftine trade muft long fince have ceafedj then we may certainly conclude that there has been mif- management in this branch, and that the exclu- five trade, in as far as it has been carried on in exports, has been feverely prejudicial to the in- tereft of the Company. Mr. Dundas knowing that, if he erred in taking their ftatement of furplus, it would be erring on the fafe fide, made his appropriation of the amount only according to their ftatement, and after pro* viding for the intereft of their debts, for ten per ent t dividend on their capital (as intended to be increafed ( 37 ) Jncreafed to fix millions), and 500,000!. per ann for the liquidation of the principal of their debt; he then propofes the refidye to be given to Go- vernment, to the extent of 500,000!. if fo much remain, and if more, the furplus to be lodged with Government, as a finking fund for the fecurity of the proprietors. The operation of his appropria- tion appears iff letter N of the budget, On the fixth of March it appears, in the printed paper, No. 2. that the Court petitioned Parlia- ment for a renewal of their exclufive charter, and on the twelfth, that a Committee of Correfpond- ence had had a conference with Mr. Pitt and Mr. Dundas, of which the committee make a re- port on the i8th to the Court. The great points which the committee mark to have formed the fub- fiance of this conference appear exactly confonant to the tenor of the firft letter of the i6th Febru^ ary, from Mr. Dundas, and are thus noticed bf the committee, in page 9, No. 2. " They (the Minjfters) ^appear to be imprefled with a defire of 5 extend- extending the exports and imports to and from India, including thofe of private trade, by all poffible means. " That the exports from Europe fhould be combined in a certain degree, more or lefs, with the import of goods from India. " That meafures fhould be adopted to con- vert the clandeftine trade into a fair, regular traffic, through the medium of the Company. " And that the charge of feven per cent.. which the proprietors of private trade pay to the Com- pany at prefent, fhould be moderated." The next letter we fliall touch on, as being fin- gular, is from the Chairman to Mr. Dundas, dated the 2ift March, being the firft letter in No. 3. He is directed, he fays, to fuggeft, that they < neither think it reafonable nor juft to reduce the charge on private trade below five per cent.'* In ( 39 ) In the Court's report of the 21 ft July in which they deeply inveftigate this fubjeft, they make the charges to coft them two per cent. Now Mr.Dundas propofed to allow them three^r cent.; but " they think it would be neither reafonable nor juft to take lefs than five per cent." for what cofts them two per cent. The Chairman goes on to fay, ff that the Com- pany had propofed to accept of 22!. freight out and home, to facilitate every reafonable expect- ation, not only becaufe it was lefs than it coft the Company, but alfo becaufe individuals paid more at Oftend j but if a further facrificc was necefifary, the committee would recommend to take 20!. in peace, but not in the proportion of 5!. out and 1 5!. home j for, in fuch cafe, individuals, after paying 5!. out on the Company's Ihips, would bring their returns from India in foreign (hips, if a cheaper freight fhould offer, thereby furnilh- ing fubftantial means for extending the clandef- tine trade, which all parties were defirous to fup- prefs." Now ( 40 ) Now in a former part, already mentioned, they fay that icl. per ton out is lefs than is paid at Oftend on exports (of the value probably of 50!* or 6ol.)j then from whence draw they a conclu- fion, that thefe fhips would bring goods home, valuing from 500!. to 6ool. per ton, at a lefs freight than 15!. ? Befides, did they not know that there was a difference of one per cent, in the in- furance, equal of courfeto 5!. or 61. per ton, after allowing for which, they muft know that icl. on a foreign fhip cod a merchant equal to 15!. upon a Company's When we weigh this with the thorough invef* tigationmade in the Court's report of 21 ft of July 1791, and in a former report equally well drawn up on freight of privileged goods, where they determine ) and the other meafures now brought forward for abolifhing illicit traffic will be fruftrated. It mud be once more repeated, that the confumption and demand of Europe for India commodities will not be leflened by any reftraints we lay on our im- portations, and it is moft of all needful, when we propofe to encourage an increafed exportation from this country, that we fhould enlarge the means of return in proportion, To increafe our exports by means of individuals, and, at the fame time, narrow the former channel of private im- portation 'from India, what is it but an effectual contrivance to throw more than ever of the va- luable trade in piece goods into foreign and ir- regular channels ? The Directors fay, that " if the piece good trade 1 is opened, it will be impoffible to guefs how far fpeculation may go, in extend- ing it to very ruinous lengths," fo as (according to their fubfequent expreflion) to Cf render it im- pofTible for ihe Company to liquidate their po- litical debts, ftill lefs to furnifh the propofed par- ticipation to the public." But is not the piece ( 53 ) good trade now open ? Has it not been open thefe feven years ? If any thing new were pro- pofed, a fear of fpeculation might indeed be pleaded j but this is an old bufinefs, a thing al- ready praclifedj and has it hurt the Company's fales ? Do they find a progreflive decreafe, or a progrefilve increafe, in the profits of their piece goods for fome years paft ? Befides, will private Speculations, that are unprofitable, long continue? And if they prove advantageous, will not the Company alfo gain ? And what, after the utmoft efforts that can be ufed, are the whole of the profits on the Company's piece goods, that any pofiible variation in that article fhould materially affect the refources of the Company, or the participation founded upon it; which, after all, is to fail firft, with refpeft to the Jhare of govern- weut only t if it fails at all? We earneftly depre- cate, therefore, this new meafure ofreftrifition, well intended, we fhall readily admit, but very unhap- pily conceived for the interefts which all parties wi(h to promote. One ( 54 ) One more point remains to be noticed, which turns rather upon the conftrudion of what has al- ready paffcd, than upon an original difference in principle. It was underftood that, out of the i ,200,000!. calculated to be the annual furplus of the Company's affairs, an incrcafe in the dividend of two per cent., making in all ten per cent., fnould be allowed to the proprietors j 500,000!. more paid in liquidation of debt, and 500,000!. more, or any furplus that remained, not exceeding that fum, to Government. The refolution propofed by Mr. Dundas touch- ing this article, bears, that, if the profits of the Company in any one year {hall not fuffice for the payment of 500,000!. to Government, the defi- ciency fhall be made good from the furplus that may remain in any orher year, after providing for the payment of dividend and of debt as above mentioned. The Court obferve hereupon, "that to make good this fum at all events, and create any deficiency as a debt, may be ruinous to the Company, and goes beyond any fair expectation of ( 55 ) of the public, which ought not to exceed the Company's annual ability." Now, the Adminiftration and the Company both agree, that if, after the other fpecified prq- vifions, the Compan) 's furplus can afford 500,000!. annually to the public, the public (hall have it. Then if the Company, after furnifhing the other allotted payments, have in one year a furplus of only 300,000!., and, in the next, a furplus of 700,000!., is it to be underftood that, in thefe two years, Government fhall receive only 8oo,oool. although, in fact, the Company have a furplus of i ,000,000!. ? Would this fairly and fubftantially fulfil the fenfe of the firft agreement between Ad- miniftration and the Directors ? And in what manner are we to underftand that the claim of Ad- miniftration turns deficiency into a debt? Is it a debt upon the general property of the Company, or a debt only upon a certain contingent furplus ? The lafl merely, and the debt is no otherwife claimable than on the condition that the Company do actu- ally realife fuch a furplus. We ( 56 ) We fee, therefore, no poffibility of this claim's becoming 454 tons. THE END. UNIVERSITY OF CALIFORNIA LIBRARY Los Angeles This book is DUE on the last date stamped below. Form L9-32m-8,'58(5876s4)444 OHIVERSITY OF CALIFORNIA A view of contested points in the Nogotiatiol itween Adminis- tration and the ctors of the East DS ^63 A2P2 1793 v.5