Letters of letector, on the Seventh and Eighth Reports of the Selcet Committee, and on the India Pe;?ulating Bill By Nathaniel Brassey Halhed . UNIVERSITY OF CALIFORNIA AT LOS ANGELES THE LETTERS O F DETECTOR, ON THE Seventh and Eighth REPORTS O F THE SELECT COMMITTEE, AND ON THE INDIA REGULATING BILL. ' LONDON: Printed in the Year 1783. *tdb^ai //& t much, that copies of the faid Ad were in- clofed in that packet. Here was opened a glorious fcene for ma* licious conjedture, and perplexing crofs- queftions. The Chairman had acknow- ledged nothing but a public conveyance by the Tryal Sloop the Secretary hinted, in myfterious term's, a private difpatch. In whatever confufion this matter might have been involved, at the time of Mr* Wilkes's firft examination, it is now known, that thefe difpatches of the 3d of Auguft, were fent on board two Men of War, under fecret failing orders, but deftined for India : and that in confequence of fome other ne- ceffities of the State, the faid mips did not perform their route to India, but returned to England in Odober, and the Difpatches from the Company were fent back to the India-Houfc early in the month of Novem^ ber. Mr. Sulivan, therefore, who gave his evidence to the Select Committee in December, and who had never confidered the Difpatch of the 3d of Auguft but as of a private nature, and within the ftrideft conftrudion of a State Secret, might natu- rally, and with propriety, deem it equivalent fo no difpatch at all-, and therefore, fo far from leading the Committee into an error on that head (page 14), he gave them no C grounds ( 10 ) grounds for fufpicion of the poflibility of fuch a circumftance. But the embarraffment and perplexity of the Secretary, on his in- quifitorial examination, having given the Select Committee much room for unfair ani- madverfion, it was permitted him to trench fo far upon this Secret, as to acknowledge the Difpatch of the 3d of Auguft. To this fingle circumftance may, I think, be afcribed the very exiftence of the Seventh Report, and I defy the acuteft of mankind to difcover the truth of the tranfaction, or to unravel the confufion of cenfure, as in- volved in the purpofed obfcurity of that Re- port, without fome collateral knowledge or information. And this I mail now en- deavour to fupply. Appendix, No. 2, A, of the Seventh Re- port, contains the original draft of a letter from the Committee of Secrecy at the India- Houfe, to Bengal, dated the ift of Auguft, 1781, and fent on the 3d of the fame month on board the Men of War, as above mentioned. This letter is incontrovertibly proved to have contained no mention whatever of the Judicature Act; for the words, 9 ) forward in page ijth and laft, " finally, that " although it is now upwards of 20 months ui Bavium non odit> amet tua Carmina, Mcevi. DETECTOR. il, 1783. On the new BILL, fropofed for the better REGULATION of the BRITISH Possgs- SIGNS in INDIA: LETTER I. Mr. EDITOR, THE Secret Committee of the Houfe of Commons, appointed to inyeftjr gate the caufes of the war in the Carnatic, acquired, in the courfe of their labours, fuch an extenfive knowledge of all the Eaft-Inr dia Company's concerns, as to be comper tent for new-modelling every branch of Gpr vernment, and overturning every principle of policy in all our Afiatic pofleffions. Their enquiries with refpedl to this war feemed to be clofed lad feffions in 44 refolutions, of which (although faffed by a very thin meejL- ing of the Houfe of Commons) it is fair to fay, that they were received with little crer dit or refpect by the nation at large : tha they were minutely, though candidly, carir vaffed, and in great part fatisfa&orily refuted t . Whatever might be the motive that pro- duced thefe hafty refolutions, their effecl: has indeed been very inconfiderable. The war in the Carnatic ftill rages, and the caufe of its commencement is fiill as obfcure as the period of its termination. Political empiri- cifm has hitherto prefcribed no effectual re- medy for the diforder, nor has Hyder Ally fhewn the flighted tendency to pacification in return for our voluntary effufions of mo- deration and forbearance. If, however, an idea of parliamentary interpofition hath al- ready fo far operated on the Councils of the Mahrattas, as to caufe delay in the ratifica- tion of that treaty to which they had pre- vioufly, by their plenipotentiary, given a full affent ; if a reliance on the diffractions of our government and the mutability of our fyftems hath infpired our enemies with frefh courage for the profecution of hoftilities abroad : here, at leaft, our Committees have effectually anfwered the purpofes of their appointment. Delinquency has been clear- ly defined, accurately traced out, and incon- trovertibly convicted. Bills of pains and pe- nalties have been urged with unufual feve 1 - rity : and while afliftance for the vigorous conduct of the war has been dealt out with a parfimonious and fufpicious referve, all the weapons of perfecution have been whetted againft the devoted objects, to whofe inat- tention or incapacity the origin of the ca- lamity feems to have been imputed j juft as if a furgeon, after performing amputation in a dangerous fracture, fhould employ him- felf felf in cutting and anatomizing the diftem- pered limb, inftead of applying the bandages, and fupprefling the haemorrhage. While the Reports of the Secret Committee appeared to bear uncommonly hard on certain Mem- bers of the Madras Government, while Hy- der's invafion was in them reprefented as the joint product of ambition and refent- ment, men looked for the caufes of the war to the feat of its ravages ; and thought that the mere deftination of hoftilities fuf- ficiently difcriminated their motive. But the Refolutions founded on thofe Reports quickly opened their eyes, and attributed by a chain of fanciful, remote,arbitrary deductions, a portion of the misfortune to the Governor General of Bengal. Slight, however, as his (hare in the blame of this' tranfadion muft neceffarily have been, and vificnary as the imputation wiU moft certainly appear to all who (hall take the trouble to perufe the Re- ports, he was marked out as the firft objeft of reprehenfion, and the Houfe of Com- mons was, by fome management, prevailed upon to vote his recal. We can all well recollect the different manceuvres pradlifed at the eaft and weft ends of the town, for effecting this laudable pur- pofe ; and we feel an honeft exultation ir\ proclaiming, that the fpirited efforts of an extraordinary majority in the Court of Pro- prietors baffled (as both by law and the principles of their charter they were au- thorifed to do) all thofe attempts. A fet of men, deeply and perfonally interefted in the JDrofperity of Indian affairs, agreed,/* to one, to entruft the management and prefervation bf their property to a man, whom a fudden and unfatisfaclory vote of an inconfiderable fart of one branch of the legiflature tended to banilh from their fervice. About 40 members of the Houfe of Commons, carried the refolution for Mr. Haftings's recal ; up- wards of 420 proprietors of India ftock, United for his continuation. Leaving the doctrine of parliamentary infallibility to thofe toho have never read reports or refolutions, > 1 mall not fcruple to affirm, and to put it to * the confcience of every man of common Tenfe, that 420 refpectable proprietors of India flock, are collectively as able judges Qf the merits and demerits of Mr. Haftings, sis any forty members who ever fat in the tioufe. I will go farther, and will aflert it as my moft unalterable conviction^ that the humber of Members of Parliament who bal- iotted in their proprietary capacity for the feovernqr O^nera^s continuation, far exceed- fd A^fe v/ho in the Houfe were content by by a filent nod to authenticate the resolution for his removal. But, though the cloud of laft feffions pafTcd over innocuous, the florm ftill con- tinued to gather : and is now burft in the tremendous thunder of a Bill ! It Mr. ttaft- ings could heretofore (lem the ftream of partiality in a vote of the Commons, he fliall now be overwhelmed by a torrent of the whole Legiflature. If the Proprietors of India ftock wifely and confcientiouily con- tributed to his continuation in their fervice by a legal and conflitutional exertion, of their prerogative, that prerogative {hall therefore be abolished by law. If the India Company has been preferved at the very inftant of bankruptcy, and if their foreign porTeffions have been defended by exertions bordering on impoffibility : if the whole train of their affairs have been gradually improved frorh conrufion and diffipation, to fyftem, to ceconomy, to profperity, by the man of their unbiaffed and deliberate choicej felected, approved, and confirmed to the fame office by three fucceglve Acls of Parliament at diftincl; and diftant periods 5 thofe Acts jfhall now be abrogated in a moment 5 that man (hall be violently removed by a new law, and the Company's right of nominating, continuing, or difplacing, not only this, but E all all their other confidential fervants in tlid whole extent of their fettlements, (hall be for ever done away ! The only vifible plea or pretence for this infringement of the char- ter, this invafion of property, this bare- faced exertion of defpotifm, is the dif- miffion of Governor General Haftings. To remove him, nothing lefs than an Act of Parliament could fuffice : and permifiion for bringing in an Act to this purpofe, being once obtained, every additional encroach- ment on the Company's rights that could be any how foifted in, was fo much clear gain to the Courtly fyftem of arbitrary Patronage* Every ufeful, every plaufible alteration pro- pofed by the prefent bill is fully compati- ble with the Company's actual powers un- der their Charter 5 and if the collective ex- perience of a fet of men of biifinefs, who have feen, as Directors of long ftanding, the caufes of moft of our calamities in Afia, and as Proprietors have felt their effects, be not adequatp to the difcovery of the proper remedies, furely the occafional perufal of a number of temporary records in the courfe of the fittings of a Committee for two Sef- fions, and with all the interruptions of other Parliamentary bufinefs, may be pronounced very incompetent to the arduous undertak- ing. In the courfe of my little correfpon- dence, dence, Mr. Editor, I propofe to examine the principles of the bill now before me, and to give an account of the fcope and tendency, the expediency and utility of its feveral claufes. I have no doubt but the Com- pany's cafe (as there treated) will fully ap- pear to be that of a lunatic, who, though not fo frantic as to be deprived of all the benefits and profits of his eftate, is yet con- iidered as too infane to be entrufted with the management and controul of it, Much do I fear that this legiflative courfe of treat- ment, fo little adapted to the nature and fymptoms of the malady, will very fpeedily leave the patient no alternative from a ftrait waiftcoat ! DETECTOR, LETTER II. MR. EDITOR, IT is a curious but melancholy fpeculatU on, to trace the flow and infinuating ad- vances of defpotic power: to obferve how an almoft imperceptible change in the fpirit pf public meafures, under an affected fcru- puloiity of adherence to eftablifhed forms, may gradually undermine the ftrongeft bul- warks of public liberty. My prefent ad- dreis is to the proprietors of India frock j but my fubject is of confequence to every chartered body in the kingdom, and to eve- ry man who can feel what it is to be a Bri- ton. Within the laft ten years have the fubftance and marrow of all the Bad-India Company's corporate rights been gently and unfufpedledly frittered away, under the ap- pearance of much candid attention to the privileges of its charters, and a ftudied com- pliance with the eftablilhed principles of its jnftitution. Every real prerogative, every folid advantage of independence, hath been melted down by piecemeal, and ablbrbed in the all-gralping influence of the Crown ; in ^hat influence, wjiich, by a momentary im- pulfe of exalted patriotifm, the Houfe of Commons voted to have increafed, to be in- creai^ng, and that it ough^ ^;o be diminifhed. 4n, that virtuous vote is contained a fure and perfect antidote againft the pernicious ten- dency of a bill juft brought into Parliamenr, ^nde* the fpecious title of a better regula- tion and government of the Britifo po$e]Jions in India , and ~t?e fiwrity and prefarvQtion a bill which would diffolve every tie of public faith, violate every barrier of perfonal and corporate property, annihilate the fecurity of every grant from the legif- lative or executive powers of government, and eftablifh in Afia a fyftem of unlimited tyranny. " A bill for the better regulation and go- " vernment of the Britifh poffeffions in In- *' dia." Where are thefe poffeffions -by whom acquired, and by whom enjoyed ? Certainly by Britons and fo far they are Britifo poffeffions. But the poffeffions here alluded to are the fettlements and territories belonging to the Britiih Eaft-India Compa- ny: private, not national property. Though I much fear, if this term * Britifh pojfefflonf be admitted to pafs in acts of the legiflature, as defcriptive of the Company's eftates, it will (to ufe an elegant legal phrafe), by a fiction of law, covin, engine or deceitful conveyance, ultimately transfer to the Crown a constructive claim to thofe eftates. Britifh poffeffions !- The words at the fir ft fight give an idea of poffeffions attach- ed to and dependent on the Britiflh Crown j in a legal and parliamentary ftyle they can imply nothing elfe. Such are at this day. fome few of the Weft- India Iflands, and fuch were at one time the Thirteen Colo- ies of America, now independent, But in ( 3 ) this fenfe it is fair and decent to deny that we have any Britifh poflefTions in India and it will perplex the Crown, and the Crown lawyers, and all the lawyers both of JLngland and Scot/and, to prove that fuch pofTeflions exift. I am aware that the pre- lent bill has but adopted this term from the late regulating and Judicature Acts j that the reports of the Committees, both Secret and Seleft, thus define the Eaft-India Com- pany's territorial property, and that in ordir nary difcourfe the phrafe might pafs unex- amined and unfufpecled. But it is now time to detecl: the fallacy, and this is the fpot whereon to make our firft vigorous ftand. A word is enough to the cunning as well as. to the wife ; and this word ' Britijh,' if carelefily admitted as definitive of the In? dia Company's pofleflions, will foon leave it no po/effions at all. The fadt is, that fince the 27th of March, 1668, when King Charles the Second ceded Bombay to the Company for ever, and fince i6th of De- cember, 1673, when the fame King ceded $t. Helena to the faid Company for ever alfo, the Crown has had no property what- ever in India, nothing that can with legal precifion be ftyled a Britift po/e/fion.. Even the 2d claufe of the Bill now before me, the inconfiftency of the term, and fliews. ( 3' * fhews the difficulty under which the framer of it laboured in producing any thing like a plaufible defcription of the Britijh pvjjeffions. It is as follows: " And whereas, during " the time that the faid United Company " of Merchants of England, trading to the " Eaft Indies, have been in the poflerTion " and enjoyment of the faid whole fole and " exclufive trade to the Eaft Indies, and " parts aforefaid, the faid United Company, " affifted by the fleets and armies of the " King's Majefty, and his Majefty's royal " PredecefTors, have conquered or other- " wife acquired the kingdoms or provinces " of Bengal, Bahar, and OriJJa, and alfo " certain countries or diftricts fituate on the (claufe 31). For, "in ( 39 ) " cafe the Court of Directors of the faid Uni- '* ted Company, lhall at any time be dif- *' fatisfied with the conduct of any Gover- " nor General and Captain General of all " the Britim fettlements in India, or any of " the Members of the Council of the fame " Prcfidencf (meaning, I fuppofe, Cal- cutta), " and (hall be defirous of his or " their, or any of their recal or removal, the " the faid Court of V\K&QK Jhall have full *' power and authority," to do what ? not to order and compel them to obey; not to fufpend or remove them for difobe- dience j not to exercife any of thofe a&s which it is yet conftitutional for them to refolve, and (with the confent of the Pro- prietary) to enforce but c< to reprefent the " fame to his Majefty, his heirs and fuc- " ceflbrs, to the intent his Majefty, his heirs ** or fucceflbrs, may have knowledge there- to recal or remove ;" G 2 *-*as ( 44 ) as alfo '* the Members of the Council " of Fort William aforefaid, to be at any time * c hereafter appointed 5- -as alfo all, or any of " the Governors and Members of the Coun- " cils of the Prefidencies or fettlements of " Fort Saint George, Bombay, and Ben- " coolenj or other Britim fettlements in In- " dia, for the time being ; and to vacate, and concerning the fame^ and (hall refufe their * c bonfent to the paffing thereof . . -. . andjuch " Members (cannot) be brought to adopt the *' opinion of the faid Governor General and- '* Captain General, then, and in every fuch ** cafe- the faid Governor General and Cap-. ^ taJA General," (fiift takii^g an oath of his ( 55 ) belief of the neceflity of the meafure,) ** i$ '" hereby authorized, by bis file authority t to " command the fame to be carried into exe^ *' cution, notwithftanding the diffent of the e formally and pointedly refuted. Thefe ^flertions, 1- own, are vague, but none elfe, can be adapted to his prefent vague futile and general accufatipns. " When he has d. his feyeral Criminatory Articles, pr when the metaphoric Orator on the other fide of the houfe (who, like an unruly ele- phant, cannot be trufted in public without a camel on each fide to keep him in order,) has reduced his erratic hyperboles to plain reafon and matter of fatf, then, and then only, will be the proper time for fpecioufly bringing forward a Bill to remove the Au- thor of the Mahratta Peace, and the Saviour of the Carnatic. The debts of the Nabob of Arcot, and thofe of the Raja of Tanjore (including, I fuppofe, the Aims borrowed to pay his A- gents and EmbafTadors refidentiary) are re- quired by the 86th and 87th claufes to be inveftigated, which furely did not need the interference and exprefs injunction of an Adt of Parliament. An order from the Court of Directors might at leaft be competent to their examination, tho' perhaps affiftance might be wanting to enforce their liquida- tion. I had almoft forgotten the 85th claufe, which fan&ions the independence of the Raja of Tanjore by Parliament (no parliamentary enquiry having taken place on the Jubjeffi), on the principles recommended to, and adopted by Lord Pigot. I (hall now take the privilege of an old correfpondent to leave off abruptly and with- out ceremony. While India matters are the ( 7 o ) fubjec"l of difcuffion, and particularly fo long as one of the moft refpectable characters in the Britifli Empire Jhall be 'wantonly and injurioujly attacked, you, Mr Editor, and the public, may expect occafionally to hear from DETECTOR, May 10, 1783. OBSERVATIONS t 7* 1 OBSERVATIONS on the EIGHTH RE- PORT of fie SELECT COMMITTEE* AT the conclufion of the Rohilla War in 1774, a Treaty was made between the late Vizier of Oude, and Fyzoolah Khan, one of the Rohilla Chiefs whereby the latter, on certain conditions, was put into the pofTeffion of Rampore, and fome other dif- tricts in the Rohilla Country (8 Report, page 1 8) as a Jagheer for the amount of 1475000 Rupees per annum (page 4). In 1778, the Company (through their Refident at the Court of the prefent Vizier) became Guaran- tees to this Treaty (page 9). In Septem- ber, 1781, the Governor General of Bengal, in a new Treaty of Alliance between the Company and the Vizier, aflented to a mo- dification of this Guarantee : by which the Vizier was to be permitted, at fome future period, to refume the ceded lands, on con- dition of paying the annual ftipulated a- mount of the Jagheer from his own Trea- fury, through the hands of our Refident. But as the Governor General apprehended fome political inconveniencies both to the Company and the Vizier from this propofed Refumption. t 7i ] Refumption of the Jagheer lands, he referv- ed the actual execution of that Article in the new Treaty to an indefinite term, fubject to the future interpolation of our Government. (Page 17.) This is the outline of *the Cafe* which the Select Committee have thought it their Duty to reprefent to the Houfe in their Eighth Report, and on which they appear to have implicitly adopted the general and particular cenfure eXprefTed by the Court of Directors in their general Letters to Bengal, dated 1 2 July, 1782, and 14 Feb. 1783. (Pages 18, 19, and 20.) ** To procure and maintain the peace of *' India to quiet the Fears of the neigh- <* bouring Powers, who, from the Conduct *'* of our Servants, have had too much reafon *' to be jealous of our Encroachments to " adhere ftrictly to Treaties, and never to be * c the aggrefTors to fecure to the Natives " under the immediate Government of the " Country the undifturbed Exercife of their *' Religion and Cuftoms, and to encourage " Cultivation, Manufactures, and Com- " merce are the means by which we hope *' to' regain the Confidence of the Native *' Princes, and the Attachment of the Peo- " pie. By fuch means, and by fuch alone, 11 we may hope to fee our affairs once more " flourilh ( 73 ) kt flourish, and Permanency again given to " the Company's Poffeffions in the Eaft- " Indies." In the canting philanthropy of this plaufi- ble paragraph, the Select Committee Teem to have di (covered a moft fevere and pointed Arraignment of the Governor General's Conduct in the Cafe above related. For my own part, I can only difcern in it fuch a heterogeneous jumble of internal adminiftra- tion with external politics, fuch general and indefinite references to the Whole of Indl-a^ as if it were all comprifed under one univer- fal fyftem of Government, and actuated by the fame common plan of policy, that fo far from containing Cenfure, I doubt if it can ever be flrained into meaning. " To procure and maintain the Peace of *' India, " we ought certainly to be Para- mount, and muft necerTarily interfere in all the difputes among the Indian Princes; but this is diametrically the reverfe of that Con- duct which our Governments are inftructed to purfue. " 70 quiet the fears of the Neigh- ic hour ing Powers," and particularly to ob- viate the '* Reafons they have to be jealous of " cur Encroachments" we muft withhold every degree of influence in the interior management of the refpective Territories of thofe Powers i and yet we cannot poffibly L " fecure ( 74 ) " fecure to the Natives, under the immediate " Government of the Country y the undi/lurbed " exercife of their Religion and Cuftoms," (whatever we may to thofe under the im- mediate Government of the Company) with- out continual and very ftrenuous exertions of authority over the immediate Govern- ment of that Country whofe Natives we would thus fecure. If we encourage Com- merce, we need be in no pain about the Cul- tivation and Manujaffiures. They will im- prove of courfe. But if any other Encou- ragement be here implied, it can certainly take place only in thofe Territories over which the Company exercife an exclufive Jurildidion. * k The means by which we " may hope to regain the Confidence oftheNa- " five Princes" are furely very different from thofe which we muft purfue to acquire or fupportany prefumptuous preten- fions in the Subjects of any Native Power towards their Sovereign, either by the per- fonal protection of a Refident, or the pub- lic Authority of a Guarantee. If therefore^ under the plea of " fecuring to the Natives" (fuch, I mean, as are not our own immediate fubjeds) ** the undifturbed Exercife of their * c Religion ( 75 )