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

lulry into the

of

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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


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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