An Enquiry into the Rights of the East-India Company of Making War and Peace

lulry into the

of

-"

t'r

VjriK

v

'qr

-

T3

ip;hts

'

Company ce

o

UNIVERSITY OF CALIFORNIA

AT LOS ANGELES

A N

ENQUIRY THE RIGHTS INTO

or THE

EAST-INDIA COMPANY Of making WAR and PEACE and of

poflefling

-,

their

TERRITORIAL ACQUISITIONS without the Participation or Infpe&ion of the BRITISH GOVERNMENT.

In a Letter to the

PRCFXIETORS of EAST-INDIA STOCK. Written in the Year 1769.

And now

firft

published..

L O N D O N: WALTER SHROPSHIRE

Printed for

Bond-ftreet, and

in

SAMUEL BLADON

Pater-nofter

Row.

M.DCC.LXXII.

New in

PREFACE. TT

is

long fince the nations, which have

the misfortune to live near the Eafl>

India Company's fettlements, have ftretch-

< cd out

their induftrious

to our gracious

and

helplefs hands

Sovereign, imploring his

protection from the oppreflions they were finking under ; and it muft give great

pleafure to every

much

connected learn,

one

who knows how

the interefts of Great Britain are

with

from

thofe of humanity,

his Majefty's fpeech,

to

at the

opening of this feffion, that he had turned his eye to an object fo worthy of the royal attention.

And,

furely, if there

fituation in this life D

^

another,

it is

is any more deplorable than

that of living under the do-

minion of men, who, wholly intent upon contrived to eflablifh the moit gain, have complete

fyftera ever

known of

fraud and violence^

,

PREFACE.

iv

by uniting, in the fame perfons> the feveral fun&ions of Merchant, Sol-

violence,

dier,, Financier

that union,

all

and Judge; depriving, by thofe

of their

functions

mutual checks, by which alone they can be made ufeful to fociety. It

is

to

he hoped that the time

not

is

when thofe functions, improwill be again feparated : combined, perly when his Majefty will refume, from thofe fo

far off,

Merchants, the fword,

which,

by our

happy Conflitution > cannot be placed, with energy or fafety, in any hand but his

own

:

and when thofe

great

territorial

revenues in Bengal, which have, of

late,

been fo extravagantly accumulated in the coffers

of private men, for

ftrucftive

purpofes,

will be

trifling or

de-

employed in

reducing the national debt, as well as in protecting our trade and acquisitions in thofe diftant

parts

might then hope to

of fee

the

world.

We

an impartial ad-

ministration of juflice in India, without its

being fubject to the controul of thofe

wha

PREFACE. who

mod

are

We

delinquents.

an end

likely to be

V

the greateft

might then hope

to fee

to thofe cruel monopolies, carried

on by the

Servants of the

the neceflaries of

life,

and

Company, in to which the

wretched natives are obliged to fubmit, with the bayonet at their throats : and

we might

then hope to fee thofe Servants once more attentive to the commercial interefts

of

employers; without and fplendor,

their

attempting to equal, in riches the

firft

what

nobility of the

kingdom.

But,

of greater importance to the freeConftitution of this country, we might then hope to fee fome (top put to the is ftill

rapid progrefs of corruption at

which has been,

for

much promoted by lavifhed

upon

by

fome the

home

;

years paft, fo

immenfo fums

thofe Servants of the Company,

their return

from

India, in order to

procure themfelves admittance into the

Houfe of Commons; where none of them 4 from the nature of their education, can

be

fuppofed

to

have

any

thing

PREFACE.

fi to fay

-and where fomc of them fcem

;

were proud of the had acquired, of mocking privilege they the infufficiency of our laws, and of to

come,

infulting

as if they

that honourable Aflembly,

by

their prefence.

In objection to this falutary change, it " That in a free has been often urged, ** * **

country like ours, the individuals have their legal rights, as well

and that

" when

it is

as the ftate

-,

always matter of juft alarm,

the fupreme legislative

power lays thofe hand ." its heavy upon rights, even ** where there is reafon to believe that 4<

they have

entirely agree.

been abuied."

In this I

But when they proceed to

" That the Baft-India tell us, Company * have a legal right of making War and

"

Peace, and of poffeffing their territorial

" acquifitions,

"

without the participation

or infpedion of the Britifh Government,"

I find myfelf obliged to give

my

diflent.

The grounds, of that diflent are to be found in the following Letter, written above

PREFACE.

vii

two years ago, when Sir Jontf LINDSAY was appointed to command his above

Majefty's mips in the Baft-Indies

;

and

though the occafion which produces it now, is fomewhat different from that -which

have

at firfl

gave birth

fuffered it

public in

its

to

original fhape

memory

mape

tranfacliion,

it

it

recalls

the

by which the

who

the management of the Company's in Leadenhall-flreet,

I

and the ra-

j

true fpirit of the Qentlemen

of difplaying

yet

;

before the

appear

ther, becaufe in that

of a

to

have

affairs

had a fair opportunity

itfelf.

London, Feb. 18, 1772.

A LETTER

A

LETTER TO THE PROPRIETORS OF EAST INDIA STOCK,

CONCERNING The Company's

War

Rights of making

and Peace, &c.

GENTLEMEN, Was

I

your general meeting on Tuei*day laft, and find, by a letter fent that at

day by difpute

LORD WEYMOUTH,

which has

for

fome time

that the fubfifted

between the Miniftry and your Directors is now fully explained, and reduced to this iingle queftion, to

command

his

Whether the

officer

appointed

Majeftys Jhips in

the Eaft

Indies Jh alt be consulted,

and have a

all matters relative to peace

farts?

To which

I

voice,

and war

in tbofe

find the leading

B

in

men in

ON THE RIGHTS

2

OF THE

the Dire&ion are very defirous you

in

fhould give a negative, faying, that the

Kings

and

be called in Officer jhall

confulted

by tbeSupervifors, whenever they Jkallftand

need of his advice or

ajfiftance,

in

but that be

foouldbave no vote in the deliberation.

Thefe

are opinions very effehtially diffe-

rent

from one another; and which of the

two

will be

mod

conducive to the honour

and intereft of the

you

Company

will fall

upon

to determine at your next General

Court,

which

is

be called for that

to

* purpofe.

In the mean time,

I

could not

obfcrving the different tones with

help

which

thofe different pretenfions were urged on

the fide of the Miniftry and on the fide of the- Directors.

:

while his Majefty,

for

through his Secretary of ftate, defired, in a

moft gracious and condefcending manner, that

*

It

was then determined

not be admitted to any

company,

that the King's officer (hould

fliare

with the fcrvants of the

in their deliberations concerning peace or war.

EAST-INDIA COMPANY. that

the Directors

would

Jhare ofpower in the

3

allow him fame

management of peace meant

or war, the Directors, as if they had to exhibit to our

ancient

Romans,

ftrain,

that

view the Saturnalia of die told us in

they

had

an elevated by their

already,

mjlruSlions,

given as much power to

the

Kings

as they thought convenient,

and

officer

were not willing

to

give any more.

Struck with the oddity of this fcene, I

was once on

my

legs

from whence

to aik

they derived thofe royal

prerogatives of

making peace and war, which they had, in fo unlimitted a manner, delegated to

VANSITTART, SCRAFTON, and

MelTrs

FORDE,

and

unwilling to Sovereign

j

of

which

they were fo

communicate a

i)ut

part to their

was faved that trouble by

one of the twenty

four,

who

told us,

that

be would, to the utmojl of his power, fupport thefe

rights of the

derived

from

acJs

Company,

which were

of parliament, and royal

Chartersfounded upon atts of parliament.

Having got

fo far

into this

enquiry, I

refolved

/

ON

4

THE RIGHTS OF TH

I refolved to get to the

all

now communicate

to

had

Company, and

this

you,

what has occurred

Proprietors,

home,

the royal Charters, that

been made refpecting will

return

the Acts of parlia-

all

gathered together

ment, and

my

upon

accordingly,

bottom of it; and

my

fellow

to

me on

the perufal of them; that fuch of you, as have not taken the fame pains, may be enabled to judge, whether the pretenfions to

Sovereignty are beft founded at the eafl or at the weft end of the town.

The

firfl

royal

Company, and

the

Charter given to firft

that

this

was ever

founded on an Act of parliament, is that of the tenth year of King WILLIAM III. in

which

all

that

the powers of

is

faid,

with refpect to

making peace or war, is words: " Such

eomprifed in the following *'

governors '* to-

or

officersfiall

and may^ according

the directions of the faid company, raifey

" train and mujler fuch militaryforces asjkatl *' and may fa neceflary for the defence of the

"faid

EAST-INDIA COMPANY.

^

$

faidforts, places and plantations

Here

t(

rejfieftive-

no power granted beyond fy." what every man feems to derive from the Great Charter of God; to wit, that of deis

fending himfelf in the beft manner he can,

when

that

allegiance,

human power

hint

which he owes

and from which he has a right to

expect protection, to afford

to

it

to

is

him.

at too great a diftance

Here is not the

leafl

of this

Sovereign power being of the right of interpofing its deprived advice and affiftance, whenever it mall

think fuch advice or affiftance necefTary ; on the contrary, as if the prefent ridicuculous

difpute

had been

following words are *'

right,

" forts,

"

forefeen,

added: "

T^he

the

fovereign

power and dominion over all the faid, places and plantations, to us, our

heirs andfaecejjbrs, being always referred"

In none of the fubfequent Charters there any thing worth

obferving,

regard to peace and war,

'till

we come

to the Charter of the thirteenth of

PEQRGE

I.

is

with

King

and to that of the 26th of his

V

ON

6 late

Majefty,

THE RIGHTS OF THE

commonly

where

called the Charter

of acls of hoftility ofjttftice, are permitted to the Company, but ftill ilriclly

a variety

confined in their caufe, as in the

King WILLIAM, to what is and what isjuft only. The words

charter of tkfenjfoe

are

" **

i

*f

T# ajemble,

array, and put

"

"

either

by fea or land, for

defence

and Jafety* and

and alfo

all fitting

" '

to lead

places, efpecial

and condutt

to kill, Jlay

in

ajid deflroy,

and every fuch perfon or

as foall or

hereafter,

or

and

ways, enterprises and means.

ivhaffoe'uer, all

(

>

their

the

byforce of arms, &s well by fea, as

by land,

f perfons (

and

them, and to encounter\ repulfe, expel rej*ft>

"by c<

arms, martial,

warlike fojlure,

in

inhabitants of the jaid towns

*'

"

exercife in

a

enterprise

may,

hojlile

the

.

at

any

manner,

time,

attempt invajion,*

dejlruftion,

detriment or annoyance ofany of our fubjetfs

" within

the

"limits,

or any of their fery ants, or perfons

*'

dealing

" or open

faid

towns and factories and

with them-, and hoftility^

tq

lift

and

in

time of war^

exercife

^

martial

difcipline

EAST-INDIA COMPANY..

" difcipline

"as

by all 'ways

<( <(

"

and

to take

and

furprize,

and means ewhatfoe ver r

,

all

every fucb perfon or perfons, iDitb

and

their

and otber goods, ftnps, armour; ammunition, as fl all

"

"

vafes

s

be done,

legally (t

and the law martlal infucb

occafon foatt neceffhrily require andmtty

" v

7

in

invade

manner,

hojllk

or

attempt the defeating or definition of tht

faid towns and places, or the hurt of any of

"

our fubjefts inb obitIng there, or any of their

"fervanff, or perfons etnfloyed by them, and> upon JUST CAUSE, to invade and deflroy

*'

"

1

enemies of the fame.

Here feems

to

latitude of pillage

honeft

than

man

be granted as great a and deftrudtion as any

could wifh

five years,

-,

and

yet,

thofe gentlemen

in left

who had

the management of the Company's affairs did not think it fufficient. This gave rife to

the Charter of the 31 ft of

Majefty, plunder

;

commonly of which,

called as

it is

his

late

the Charter of

the

main

pillar

extravagant preteniicns of the majority of our prcfent fet of Directors, I mall

of

the

ON

8 I

fhall

enter

into

and

difcuffion, hiftory,

THE RIGHTS OF THE

more

a

fhall

relate

particular to

you

it's

as well as its contents.

When, upon the defeat and murder' of SURAJAH DOULA in 1757, much plunder was

fome

taken,

territory acquired,

clear profpedt opened to the

to fpeak

the

more properly,

and a

Company,

of,

to the Servants

of

Company, of much more booty and

much more alarmed

territory,

their

at

apprehending, and

they began to be

own good not

fortune;

without reafon,

that the Britifh government

would claim

a fhare in thofe acquifitions.

So, to fecure

to themfelves whatever they might acquire, before the true value of it was known

and attended fit

to apply

The were ;

to,

by

the Directors thought it

petition to his late Majefty.

particular purpofes of this petition firft,

to obtain an unlimited

power

of making war and peace with every Prince or people, not Chriftian, in the Eaft Indies.

To effe<3

this,

they thought

nothing

EAST INDIA COMPANY".

9

nothing could be more conducive than a precedent

;

fo

they began their petition by

" That by federal

fetting forth,

" <(

FORMER

companies

Raft Indies, fucb

FORMER

to

royal predeceffors

"

charters,

or letters patent, granted by his Majeftys

trading to the

\j

"companies have bad power to fendfflips of " in the

war to

"

their fittfoments

and keep a

to raife

" make

Eaft Indies,

and to

military force,

peace or 'war with any Princes or

in any place of their of trade" This power making peace and war had never, as is here confefTed, been

not Chriftian,

"people,

"

to find

what

granted to this company fo, is here alluded to, I was forced to fearch -,

into the charters of former companies, and, at

laft,

found, in the charcer of King

CHARLES

II.

to a

Company, very

differ-

the ntly conftituted from the prefent, " To give power and following words: " their common under commiffion authority, by

to make peace or "feal, or other wife,

" with any
in

war

Prince or people, not Chriftians,

as Jhall be moft any place of their trade,

C

"for

^

ON

|O

and

OF. Tfi

of the faid Governor and Company y and of their trade"

"Jbr tf

THE RIGHTS

tbe advantage

A power

benefit

dishonourable to the

Company who penned,

that defir^d, to the lawyer

and to the King who granted it. Yet fuch a power did our directors for the time

King GEORGE

expert from

But they miftook

their

King,

the

fecond

who was

too

well acquainted with the laws of humanity .to

empower

a trading

company

to traffic^

in the lives and fortunes of their fellow creatures,

upon

fq unjuft

and

diilinclion as that of their

embraced a revelation,

irrational

a

not having

which, to their

great misfortune, had never been revealed to them. And, if they miftook the diipo-

of their King in fuppoiing he might content to fuch a charter, they were rya

'fition

lefs

miflaken in fuppofing that

liberal

like

minds,

YORKE, general,

then

would

before him.

Mr.

PRATT

Attorney ever

And

lay

and

men

of

and Mr. Solicitor

fuch a charter

accordingly,

although

the preamble to their Petition was adopted as

n

EAST- (MM A COMPANY. as the

preamble

to the

royal

charter,

unlimited powers alluded to in

the

were

it

never granted, or ever intended; as will more fully appear in the courfc of tht'fe cbfer/ations.

As to the body of this petition it was made up of two articles, one refpecting booty, the other refpecting territory.

Concerning the booty, the words in " That the petition run thus: your

"

Majefly will be pleafed to grant to the

*'

Eaft India company, and their fucceffors,

'*

fuch plunder and booty as may be " taken by any of their land or fe.a forces " from any of your Majefly 's enemies, or all

'*

the Indian enemies of the faid

company,

*"'

with the like exception as

contained

"

in your

Majefty's patent of the

* September hit."

'

is

i^th

This claufe was admitted

.

*

The

patent here alluJed to was givea for the fingle

certain booty, already taken io the purpofe of diftributing

war by

carried on

a

gain ft the

Nabob SURAJAH

DOULA*

the King's (hips under Admiral W:itfon in conjundtioa

with Lh: Company's troops under Colonel Cliye.

ON THE RIGHTS

12

charter with

the

admitted

into

provifos,

the reafons

forth by

PRATT

Mr.

OF THE

three

of which are

and Mr.

fet

YORKE

in

they wrote to his Majefty, Dec, 24th 1757, accompanying the draught of

a

letter

the Charter.

1

The PROVISOS are, " Provided thofe captures

.

" within the 2.

"

thofe captures are

in a defennve war, or during a Jioftility,

commenced merely

tedtion of their

"

*fbis

'*

and

"

is

m it

Majefty,

is

lo/es,

it,

of

a jot

terms

or your royal to

make

plain,

or to repel invaders ."

from the opinions of

thofe learned gentlemen charter,

to the

the Eaft Indies, only to rccompenfe

themfehes for

So that

for the pro-

which empower them

fredecejfors,

of

of all the charters given to the

Company fy your

"

made

ftate

trade and fettlements.

agreeable, fay they,

intention

" war "

made

limits of the charter."

" Provided

" "

are

that

who

framed

this

the powers

conveyed by and war, are not

making peace more extenfivc than thofe ccnveyed to

EAST

INDIA COMPANY.

-

13

them by the former charters, the nature of which has been already explained. " Provided that thofe arc

to

captures

3.

'*

made by

the Company's forces alone,

" and not in conjunction " commillioned

with

thofe

by your Majefty's autho-

" rity;

" " "

which will

breaft, in cafe

leave it inyourMajefty's of joint expeditions, to

diftribute the

plunder or prizes made, amongft the officers, foldiers and fea-

" men

in your fervice, and thofe employ" ed by the Company, according to their " refpective merits, in fuch manner as " be to wifdom.V

may

your royal next to that part of the petition concerning territory, ^which runs agreeable

Come we

thus

"

:

" That they may hold and

" reignty, e

f

""

"

" *'

enjoy,

fubjecl to your Majefty's right of Tove-

and or

all

fuch

territories,

may

as

hereafter

they have acquired,

from

acquire,

nation, ftate or people,

or conqueft;

diftricfbs

fortreffes,

WITH

by

any

treaty, granc

power

to reftore,

the fame, give up, and difpofe of

as ';

they fhall

ON

14

" "

fhall

THE RIGHTS or

from time to time

fubjeft neverthelefs

'*

j

to your Majefty's

and pleafure as to fuch lands

difpofition **

fee occiilon

may be acquired by conqueft from " the fubjeds of any European power." as

The

firft

claufe of this part of the peti-

tion, concerning the

Company's obtaining

from his Majefty, of holding the territories they might acquire, was en-

a right

-

tirely rejected

rejection

3

and reafons given for the

by his Majefty's learned fervants,

in the following words: *f

" In

refpecl to

fuch territories as have been, or mail

" be

acquired,

by

from

treaty or grant,

*'

the great

'*

powers or governments, your Majefty's

"

letters

f

Mogul, or any of the

patent

are not

property of the

f pany by

foil

Indian,

necaflary,

veiling in the

the

com^

the Indian grant., * fubject only

" *

The

virtue ^ere aferibed,

citor General,

meant of fuch

by the Attorney and

to

Soli-

to grants from Indian Princes, can only be as

have been procured from Pvinces

free

from conftraint, and

and

actual

who

power of making

cf fuch grants the Eaft

their

India

who

ar$

are poffeft both of the legal couceffions good.

But

Compaay has never been honoured

EAST - INDIA COMPANY. **

15

to your Majefty's right of fovereignty,

*r

"

over the fettlements, as Englifh

and over the inhabitants,

ments,

*'

fettle-

as

who

carry with them Englifh fubjecls, wherever your Majefty's laws they form

*c

*'

and receive your Majesty's pro-

colonies,
teclion

*'

by virtue of your royal

With refpect

**

charters.

to fuch places as have lately

been acquired by conqueft, the property,

u

as

"

well as the dominion, veils in your

Majefty, by virtue of your

<4

rogative

"

;

known

conlequently, the

and,

pany can only derive

a right to

tf

*'

Majefty, '*

that

it

is

them

But we

through your Majefty's grant.

" fubmit our humble

pre-

Com-

opinion to your

not warranted

by

precedent, nor agreeable to found policy,

" nor

to the tenor

" have been *'

of the charters which

laid before us,

to

make fuch

a general grant not only of pad, but of

" future honoured

wit a

FURRUKSEER

except

any, in

171

fifteen begas, or acres

J,

that

of

tlw

Ernperor

vvhen he bellowed upon them

of land, whcrevertiiey ihould hav

tafion to build &&oi jcs.

ON

i6

"

"

THE RIGHTS OF THE

future contingent conquefts,

any power, European

" trading

" occur " than

to

made upon

or Indian, to a

company. Many objections more material to be weighed

it,

If at any time the Eaft explained. " India company, in the profecution of

"

"
"

their juft rights,

a fortrefs or

is

ceded to them by

afterwards either

treaty,

"

diftricT:

venient for carrying on their trade, and

*'

"

chance to conquer which maybe con-

(hall

force,

or proper to be maintained it

is

your Majefty,

" whenever

The

by

time enough to refort to for

your royal grant,

the cafe happens."

concerning the pmver of reftoring, giving up, and difpofmg of latter claufe,

what they might conquer, was granted. It had been afked, upon a doubt that the Company was not enabled, by any of their then fubfifting charters, to yield up conthe Indian Princes or quefts made on

Governments, without cence in every inftance,

which might

be

his

Majefty's

li-

the procuring of

attended

with

great

delay

'

EAST-INDIA COMPANY.

*

17

and

was

delay in preffing exigencies

:

granted, as appears from

the letter juft

citedj

upon

although rage the

it

this

humane

principle,

might be dangerous

company

their neighbours,

it

to

that

encou-

to invade the lands

of

by allowing them

to

appropriate whatever they might fo lay hold on yet to encourage them to make -,

peace, could not be liable to objection;

and the two learned gentlemen obferve, that without this power of ceding what they had

conquered, they might have the permiffton

of making peace, without the means of obI cannot, however, avoid obtaining it. ferving, that this power, without a parti-

cular attention to great abufe

rapacious

what

is

from His Majefty, ;

efpecially in the

is

fubject

hands of

men, who, without caring

for

to follow, are defirous of returning

own country with enormous fums of money acquired in a fhort time. The power of difpofing of what they conquer

to their

may

eafily incline

fuch

lands for the fake of

men

difpojing

D

to

conquer

of them to

the

ON

*S

THE RIGHTS OF THE

the beft bidder that the

;

annals

and

am

I

not fare but

of India

have

already

furnifhed examples of fuch abufes *.

And,

without His Majefty's

indeed,

particular attention to the conduct of the

Eaft-India this,

but

ferve

as

Company all

the former charters, for

authority

cruelty and rapine. that the

ftance,

upon

not only

abroad,

every

It is

degree

faid,

Company's

might

for

officers

of in-

may,

invade and deftroy their but it could never be meant

juji caufe,

enemies

:

that, they fhould

have the

fole

cognizance,

own

and be the

fole

grefftons.

Certainly not; for, i/ fo, the

judges of their

fovereign power, exprefly referved Charters, would

them

:

virtually

tranf-

by

the

devolve upon

and they would be truly fovereign,

and anfwerable injuftice

of

God

to

their

wars,

alone for the a

pretenlicn

which * See Mr.

Bolts's account

of the

ceffion

of the Zemindarjr

of Bulwant Sing to/SoujAH AL DOULAH. Cottfideratiw

:

in Jfaft-fndia afairs.

Chap.

Hi.

page 30.

EAST-INDIA COMPANY.

which

I

have not yet heard any Director

bold enough to

To' return to

afTert.

Charter of Plunder.

my

it,

with

all

It

a full confideration

appears to me, upon

of

19

accompaniments, that

its

the Directors were exceedingly unlucky in for it having obtained it certainly does ;

not convey any Right of which they were

not pofTeiTed before

by

on the contrary,

but,

>

their bringing forth this

new

by had the framing of

and

it,

charter,

men, who

thofe learned

fo explained

fo underftood

by the King when he gave it his Royal fanction, they have leflened the validity of King WILLIAM'S charter, by which their future acquiiitions

all

been go,

fecured to

in the

" " *'

*'

the

them,

to

have words can

moft unlimited manner.

the charter of

"

feem

as far as

Company

King WILLIAM Jh all be

in porate, capable

For "

*Tbat

fays,

a body politic and cor-

law

to

have, take, pur-

chafe , receive, hold', keep, poj/efs, enjoy retain, to

and for

the

life

fucejjbrs, any manors,

and

of them and their mejfuages,

"

lands, rents,

ON

so

"

rents,

"

THE RIGHTS OF THE

tenements, liberties, privileges, fran-

and pojfeffions wbatfoever, and of what kind, nature and qua" find moreover to pur chafe and lity foever ; chifes,

hereditaments

"

" " "

and

acquire all goods

chattels whatfoever,

wherein they are not retrained by thefaid aft

-,

and

to fell,

alfo

"or difpofe " lands,

of the

grant, demife, alien

fame manors,

mefluages,

rents, tenements, liberties, privileges:,

"

franchifes, hereditaments, pojjeffions, goods

u and

Company retain,

is

for

them"

own

',

ufe,

all

and again,

at their pleafure, all

and goods

-,

Here the

authorized to take, acquire and

their

rents or goods of,

or any of

chattels,

and

manner of lands,

to alien

and difpofe

fuch lands,

rents,

this in fuch a profufiori

different terms, as

if the

of

whole words of

the language, were to be guarantees for this unlimited Right of acquiring and alienating.

It

may be

faid,

believe juftly, that

King

his learned council

had

indeed, and I

WILLIAM it

not in

Contemplation to permit, by any, Or thofe words, that the

and t^ieir

all

of

Kingdoms of Bengal,

EAST-INDIA COMPANY.

and

Bahar,

OrirTa,

21

fhould be claimed as

of as fuch, private property, or difpofed that the

by the Eaft-India Company ; or

Grown

fhould not claim a Right of being

confulted in the difpofal of revenues.

But this

in equally fubiifted

them or

refervation

would have

whatever words the

charter had been conceived,

equally fubfift

their

and would

under any new charter

>

the

in every government elementary principles

not only empowering, but requiring the

fupreme power to wave every confideration of private Rights, whenever fuch private

Rights become, in a great degree, detri-

mental or dangerous to the public.

How

an Adi: of parliament might limit His Majefty's known prerogative of far

making peace or war in any

particular

not take upon part of the globe, I will

me

to enquire.

The

enquiry

foreign to the prefent fubjedt,

is

.

Act of parliament can be here

The Right

altogether

as

no fuch alledged.

of appointing a file Plenipotentiary

ON

22

THE RIGHTS OF THE

tentiary for treating as

with Indian,

with other Princes,

His Majefty

in

veiled

of fuch

a

is

-,

as Well

certainly

ftill

but the excrcifc

Right would not

fully

anfwer

His Majefty 's gracious purpofe, which is to affift the Eaft-India Company, and to

them

aflift

way as their own own affairs mall point

in fuch a

knowledge in

their

out to the judgment of his Servant, in council and in concurrence with theirs.

Where

there

a

is

common

great importance,

demand,

the care and

that

concerning

and

it

inter-eft

of fuch

found reafon feems to

mould be

in

deliberation

common

like-

to our reafon

His Majefty is pleafed to appeal, not in the tone of an imperious mafter to his fervants, but in wife

:

that of

it is

an

indulgent

parent

to

his

children.

You may perceive, my fellow Proprietors, that in this long letter I have faid very-

with regard to the expediency or This is utility of the propofed Hieafure. little

owing

EAST-INDIA COMPANY.

owing

to

my

controverfy,

at

23

having obferved, that the our laft meeting, did not

turn upon that point, but barely upon the impropriety of fuffering any encroachment

made upon the Company's eftablimed Rights. Were any encroachment intended to be

upon the

of the juft or legal Rights

pany, there

is

Com-

no one would be feen more

forward in their defence than myfelf, both as a friend to the

to the {late.

Company, and

The

as a friend

fecurity of private pro-

perty, and of private rights of every kind, is the root of commerce, of population*

of

riches,

and of ftrength in every

ftate

;

and the ftatefman, who takes any ftep by which thole private Rights are rendered to be but precarious, difcovers himfelf

qualified for the place is

he

But here

fills.

no fuch invafion attempted

ill

-,

but,

on

the contrary, an attempt of private perfons to invade the Rights of the public, by

challenging to themfelves

which belongs only

a prerogative

to the heads of king-

doms and independent Republics.

I havc^

therefpre.

OM THE

24

"RIGHTS OF

endeavoured to

therefore,

mew

you what

are in reality the Rights of the Eaft-India

Company with

regard to making peace and war, by quoting what is to be found in our feveral charters concerning them,

and mail now recapitulate and fum up the whole, by obferving : That whatever pafTages are to be found in thofe charters concerning peace and war, are merely emanations of the royal

Will and

Pleafure no fuch being fpecified in the A& of Parliament, which only authorizes -,

King

WILLIAM

to the

and his fucceflbrs to grant

Company, from time

to time,

by

their letters patent, fuch powers and prithem mall feem fitting. vileges as to him or

That

none of thofe

in

charters,

is it faid,

the xy

or

letters patent,

in exprefs terms,

that

Company is abfolutely empowered make war and peace ; and that what

mentioned

is

in thofe charters concerning acls

of hofHHty, of

to

hoftility

is

ftri&ly confined to fuch afts

as

are

Company's prpperty,

for the defence of the retaliation

of

injuries,

or

COMPANY. or

other

jujl

which cannot, the

Company

cattfe,

in ;

the

common

but

25

judgment fenfe, reft

of

with

His Majefty,

falls to

the fupreme Arbiter, by the Britifh con-

of

ftitution,

all

of peace

and

WILLIAM

and

matters

war.

That, although King

the fucceeding Kings of England, had not exprefly referved to themfelves their fove-

and Authority over the EaftIndian fettlemcnts, and had granted to the

reign Right

mod

unlimited power of making war and peace; yet could they

Company

not,

the

by any form of words, denude them-

of that fovereign power, and could be only fappofed to have delegated it to the Company, as to their Attorney or Plenipotentiary, till fuch time as it mould felves

be their royal pleafure to refume or limit it.

That, of

as

King

by the Charters of the 1 3th GEORGE the firft, and of

the ayth of King GEORGE the fecond, the Company is authorized to invade and

E

854768

,.

*

ON

16

THE RIGHTS OF THE

dcftroy upon Jitft Caufe only,

cularly amenable

to

and arc parti-

His Majefty for any

breach of their Charter in this refpccl,

it

perfectly regular and necefiary that His Majefry mould have complete knowledge, is

from

his

own

grefs of all

Officer, of the rife

wars carried on in the Eaft-

in order to

Jndies,

and pro-

know what wars

arc

on in compliance with the terms and what not.

carried

pf the Charter,

And

laflly,

greateft

That when

there

is

reafon to believe, that the

pany's Servants have

made

the

Com-

a greedy

and

dangerous ufc of thofe powers, we ought to admire His Majefty's goodnefs, who, inftead of depriving us of

them

altogether,

endeavours to interpofe his fatherly care in preventing any farther abufe of

Before leave,

I

my

conclude

this

them,

paper, give mci

fellow Proprietors, to add one

general Obfervation,

which

on comparing together the

ftruck

me

feveral Charters

qf the Bail- India Company, which

is,

that

44

FAST-INDIA COMPANY. in proportion

Company

tj

the real power of the

as

its

incrcafcd,

power and

legal

authority have been diminifhed. far

it

will be for

Proprietors,

that

Government mould

in narrowing the proceed I

Company's authority, enquire

:

How

the advantage of the

not

will

who

but thofe

method

that the

my

moft effectual

to prerent them, will be

the power they

and

now

think farther

limitations difadvantageous, will, in

humble opinion, find

frill

bounds of the

flill

poflefs,

humanity towards

their fubjefts in

India

defty and obedience

;

by uiing with juflice

thofe they call

and with mo-

to thofe

whom

they

ought to coniider as their Rulers in Great Britain.

I

am, with great

refpedt,

Gentlemen,

Your mofb obedient, and moft humble Servant,

AN OLD PROPRIETQJU London, Auguft 1760.

18,

27 85

.***

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