DISCONTINUANCE OF THE ABOVE ARRANGEMENT.

This arrangement was not remunerative to the Company, inasmuch as the

expense of the steam vessel, which, in consequence of it, the Company

were obliged to run between Malta and Alexandria, was fully equal

to the whole amount of the sum received for the conveyance of the

Mails between Southampton and Alexandria, and it also subjected the

Company to some additional expenses in carrying on their trade with

Constantinople and the Black Sea ports.

The Directors have on former occasions publicly stated that they

had, notwithstanding, no intention of breaking up the arrangement,

considering it as a link in the chain of extensive postal

communication, from which, as a whole, the Company were deriving a

large portion of their income.

The Government, however, thought proper to discontinue it, on the

alleged grounds of its being unnecessary, and that a saving of expense

to the public would be effected thereby. The various memorials from

Bombay, praying in urgent terms for its re-establishment, form a

sufficient refutation of the first allegation. And the facts--that

its discontinuance necessitated the employment, by Government, of an

additional packet, to replace this Company’s vessel, which carried the

Mails between Malta and Alexandria, at an expense exceeding the whole

sum previously paid to the Company--and that the breaking off of an

important branch of postal communication could not fail to cause some

diminution in the postage revenue--are sufficient to show, that so far

from the public being financially benefited by the change, it has been

accompanied by a positive loss.

_Termination and Renewal of the Contract of 1840, for conveying

the India and China Mails between England and Alexandria._

The result of the recent proceedings of the Government, in reference

to this Contract, has been of a most satisfactory character, not only

as regards the interests of this Company, but the interests of other

extensive enterprises employed in the Contract Packet Service.

A summary of these proceedings will be found in the evidence of Mr.

T. C. Croker, in his answer to question 1306, wherein he read the

following _précis_ of them, furnished by the Admiralty, viz.:--

* * * * *

“On the 6th January, 1848, the Admiralty gave notice to the Peninsular

and Oriental Company, for the termination of the contract, at the

end of twelve months, on the 18th January, 1849. Their object in so

doing was, to ascertain whether the service could not be done at a

cheaper rate. There had previously been correspondence on the subject

between the Admiralty, the Treasury, and the Post-office; and the

Treasury, by a Minute, dated 4th February, and communicated on the

5th, requested the Admiralty to give this notice. On the 27th of March

the Admiralty wrote to the Treasury, proposing that an advertisement

should be issued, calling for tenders for conveyance of mails to

and from Alexandria. On the 5th of April the Treasury approved. The

advertisement appeared in the _Gazette_ of the 21st of April. It

was for the monthly conveyance of the Calcutta and China Mails and

despatches between England and Alexandria, by way of Gibraltar and

Malta, leaving England on the 20th of each month. The contract was to

commence on the 8th of January, 1849, and to last at least three years.

On the 18th of May two tenders were received, one from the Peninsular

and Oriental Company, for the following sums: for the first year of

contract, £27,500; for the second, £27,000; for the third, £26,500;

for the fourth, £26,000; and so on, reducing £500 for each subsequent

year that the contract remained in force, with two vessels of 450-horse

power, and a reserve vessel of 250-horse power. Another tender was

received from the India and Australia Company for £25,650, offering the

‘Minerva,’ of 400-horse power, 627 tons; the ‘Admiral,’ of 400-horse

power, 929 tons; and one spare steam vessel, of 250-horse power. The

Peninsular and Oriental Company accompanied their tender by a letter,

in which, after stating the grounds upon which they considered that

the Government ought not to take away the conveyance of the Mails

from a Company which had embarked so much capital in the undertaking,

and had performed the service satisfactorily, they propose, that if

the contract is continued to them they will submit the accounts of

all their transactions connected with the mail service, from time to

time, to the inspection of such competent persons as the Government

may appoint; and that when the financial position of the Company,

with respect to such mail service, shall be such as, after making the

customary allowance for the repairs, wear and tear, and sea risk of

the vessels and property, a maximum dividend of 10 per cent. can be

realised, any surplus of earnings over and above such maximum dividend

shall be placed at the disposal of the Treasury, for the benefit of

the public. On the 19th of May the Admiralty wrote, that, previous to

coming to a decision upon the tender, they were anxious to ascertain

whether this proposal, if adopted, might be expected to cause any

deduction, and, if so, to what extent, from the account that would

be paid by the public if their tenders were accepted; they therefore

begged to be informed what surplus of profit beyond a dividend of 10

per cent., after deductions for repairs, wear and tear, sea risks of

vessels and property, might be expected, from the calculations the

Company were able to make; and whether, in case a satisfactory reply

could not be given to this question, two officers deputed by the

Admiralty might at once have access to the accounts, for information on

that point, and previous to a decision being come to on the tenders.

This latter alternative was at once adopted by the Directors of the

Company, and they opened all their accounts to the inspection of

Captain Ellice and Mr. Bond, who made a report on the subject, from

which it appeared that the Shareholders had never received a dividend

of 10 per cent., and that the balance of receipts, after payment of

all expenses and charges, was not then sufficient for a dividend of

that amount; the Admiralty having ascertained that no diminution of the

tenders was likely to accrue from this proposal, and, considering both

tenders too high, declined them both. The Admiralty then made an offer

to the Peninsular and Oriental Company, founded on the mileage rate,

viz., 4s. 6d. paid to them for the Lisbon and Gibraltar Line. This was

not accepted--but after several interviews with the Directors of the

Company, it was signified to the Admiralty that they would be willing

to undertake the service for £24,000 a year, diminishing annually by

£500, until the expiration of the contract, which was not in any case

to cease before the 1st of January, 1853. The India and Australia

Company also made an offer, which was, however, not admissible, for it

required a fourteen years’ contract; it was for a mileage of 5s. 6d. a

mile for the first seven years, and at 4s. 6d. a mile for the remaining

seven years. They afterwards modified the offer as to the duration of

the contract; and the Government, finding that there were competing

offers before them, determined upon affording another opportunity for

public competition; and on the 2nd of November, 1848, tenders were

again sent in, in accordance with a public advertisement, from the same

parties. The tender of the Peninsular and Oriental Company was higher

than their offer made in pursuance of private negotiation, though the

terms were the same. It was for £26,750, with a diminution of £500

after the first four years, in the event of its being continued, and

£1,000 additional a year, if the port of embarkation were removed to

Plymouth. The India and Australia Company tendered for £18,450, in two

vessels of 400-horse power, and one reserve of 150-horse power; the

same vessel being mentioned in both tenders, as in the former one. The

lowest tender was directed by the Treasury to be accepted, provided

they could furnish satisfactory security for the due performance of

the service they were to undertake. Much inquiry and negotiation then

took place, and the Company were allowed until the sailing of the

last packet provided for under the expiring contract, to prove that

they had capital sufficient for the undertaking,--but they failed in

showing that they possessed sufficient paid-up capital, and they did

not actually possess the vessels mentioned in their tender, so that on

the 20th December, the Board of Admiralty closed that negotiation, and

having obtained the consent of the Peninsular and Oriental Company to

renew their former offer of £24,000, recommended it for the sanction of

the Treasury, and it was adopted in the existing contract.”

* * * * *

The result of this transaction has, there is every reason to believe,

satisfied the Government of the correctness of the opinions which were

pressed upon its attention, on behalf of this Company, in the course of

the proceedings above detailed, namely:--

1. That fully recognising, as one of the first duties of a Government,

the protection of the public interests, by economising the public

resources, the mode adopted for doing so, by closing at short periods

and re-opening to public tender these large Contracts for the Mail

Service, is neither effective for benefiting the public, nor altogether

equitable as regards the interests of those private parties who had

embarked capital in the formation of the extensive steam navigation

enterprises, by means of which these important postal communications

were first established.

2. Because experience has amply proved, that capitalists cannot be

induced to embark their money in any extensive steam navigation

enterprise, intended to compete with one previously established.

3. Because the very act of terminating these Contracts at short

periods, and then putting them up to public competition, increases

the difficulty of obtaining _bonâ fide_ competitors, inasmuch as no

capitalist of ordinary prudence will embark in an enterprise dependent

for its success upon its employment in a public service of so uncertain

or transient a duration.

4. Because, were it even possible to create a competing Company on

so extensive a scale as would be required to perform efficiently the

Contract Mail Services alluded to, the two Companies would either, one

or both of them, be ruined--or, what is much more probable, for the

protection of their mutual interests would coalesce, and thus establish

a stronger monopoly than could ever be effected by a single Company.

5. Because it is but just that parties who have embarked so large an

amount of capital in the establishment of such enterprises, and who

have thereby, as has already been shown, been the means of effecting

important public benefits, should have a preference of employment,[5]

so long as they perform the public service efficiently, and are willing

to do so on terms realising to them no more than a fair commercial

profit.

6. That there is no practical difficulty in protecting the public

interest, without opening these Contracts to public tender, by either

of the following means:--

First, By stipulating for a diminishing scale of payments, on the plan

adopted by this Company in their Contract for the Southampton and

Alexandria Mail Service. The public, by this plan, derive a benefit

from any increase of income which, by the progressive development of

their enterprise, the Contractors may obtain from the increase of

commercial traffic.

Secondly, By stipulating that, at intervening periods of the Contract,

the question of reduction should be submitted to two competent

arbitrators, one to be appointed by the Government, who should

investigate the Contractor’s transactions, and make an award as to

whether any and what reduction ought to be made in the payment for the

Mail Services.

The Committee of the House of Commons seem to have recognised the

eligibility of the principle of the last mode of proceeding, in the

third and concluding resolution of their Report, namely--“They suggest

that if it be decided to renew the existing Contracts, the most strict

and searching inquiry should be instituted, by some responsible

department of the Government, into the cost of the execution, into the

manner in which the Service has been performed, and into the profits

resulting from the several transactions to the Companies by which they

have been respectively carried on.”

This suggestion, it has been shown, was anticipated by the Directors

of the Peninsular and Oriental Company, in offering their books and

accounts to the inspection of Government.

An Abstract of the Proceedings of the Select Committee of the House of Commons, Appointed Session, 1849, to Inquire Into the Contract Packet Service · 第 6 / 17 题