But it would seem, that the reason why these political physicians have

been so unlucky in their prescriptions is, that they have proceeded upon

false principles; as having mistaken the nature of the malady. For they

have either assigned no one certain cause of evil; or else they have

traced it no farther than to the persons who have executed the

government of those countries, otherwise to the Directors: as if all the

evil had proceeded from some particular viciousness in their

disposition, as if they had been sinners above all men, or as if no men

would have done the wicked deed but they: whereas he who is the least

acquainted with human nature will allow, that few, if any men, would

have made any better use of their powers and opportunities; nay he will

add, that every other government on earth, would act the very part that

this Bengal government hath done, provided it held the same views and

interests, together with the same powers and opportunities. And, if so,

what can be more absurd, than the proposal to remedy the evils and

abuses of this government, by sending out Supervisors, with the same or

greater powers, and consequently possessing greater opportunities of

promoting their own views and interests; which are exactly the same as

these of the persons complained of; seeing that, as the same cause of

evil which existed in the Governors, would have existed in the

Supervisors, these similar causes must have operated similar effects.

Indeed we shall err widely, if we look for the original cause of evil in

these Governors: for, on inspecting the preceding description of this

Bengal government, we perceive, that their maladministration is itself

but an effect, or consequence, naturally flowing from the total want of

certain fundamental principles or powers; which, in every other

government, serve to restrain the party governing from doing or

permitting injury, and impel it to promote the good of the party

governed: and as the want of these restraining and impelling powers hath

unavoidably produced, the first tyranny, and the latter anarchy, it is

plain, that all the evils and abuses in the government of Bengal have

sprung from this deficiency. It farther appears, from the same

description, that the want of these restraining and impelling powers

arises from two different causes; the first being the particular

condition and constitution of the sovereign: and the second is there

termed the distance of situation, betwixt the sovereign residence and

the country governed; tho’ the sequel will evince this latter to be

rather a radical defect in the nature of that system, which the

Directors have adopted for the government of this distant dominion. That

these have been the two original causes of the tyranny and anarchy, and

consequently of all the evils and abuses in this Bengal government,

including these of the commercial despotism, is sufficiently evident. We

shall therefore proceed to point out the means of removing these causes,

as the only effectual method of remedying the evils. And as each of the

two causes hath contributed its proper share of the evil, and each

demands a distinct remedy, we shall consider them separately.

With regard to the condition and constitution of the Company, we have

already mentioned the several circumstances that disqualify her for the

office of a supreme sovereign; here therefore we shall only

recapitulate, or collect them into one point of view. The first defect

is, her impotence, or want of power to promote good government in her

dominion: and this proceeds from her being, with respect to her deputed

government, a meer fellow subject, totally void of supreme legislative

and judicial powers; and consequently incapable of inforcing obedience;

or of punishing disobedience: and this want of authority and power in

the sovereign, we have shown to be a principal cause of despotism in the

deputed government. A second defect in the constitution of the Company

is her want of inclination, or rather of interest, to discharge the duty

of a good sovereign; and this arises from the fluctuating and hourly

mutable state of the proprietary, the temporary and short duration of

her corporate existence, the still shorter tenor of this sovereignty,

and the annual rotation of her executive government; for, in consequence

of these several circumstances in her situation, her views are narrow,

contracted, and rapacious; the sole aim of all her measures being to

make the most of the present moment. The third defect is the mercantile

capacity of this sovereign Company; and from this defect alone flow

evils sufficient to ruin the interest of the country subjected to her

government: for, in consequence of her mercantile capacity, her deputed

government acts as a merchant; and, in consequence of her sovereign

capacity, all her mercantile servants assume the authority of

sovereigns.

These are the principal defects in the being and constitution of this

sovereign Company; and it is evident, that such defects in the

sovereign, must have contributed largely towards the existence of abuse,

in the deputed government. But these defects might have been, in a great

measure, remedied, and their consequences prevented, by a simple act of

parliament, past by the national government, at the time it thought

proper to commit the charge of this important branch of national

interest, to the care of the Company. This act might have been entitled,

“An act for better enabling the East India Company to administer the

political government, and to protect, maintain and defend certain states

and countries in India, which have become subjected to the dominion of

Britain, and which, for sundry weighty considerations, it hath been

judged proper to commit to her charge.” And it might have been conceived

in the following, or such like terms.

“Whereas it appears, that the want of a proper legislative authority

over the ministers and servants, employed by the Company to execute the

sovereign government of these subjected dominions, must be productive of

many abuses, detrimental as well to the interest of the Company, as to

the honour and interest of the British nation. Be it enacted by &c.

that, from the time of passing this act, the Company shall possess the

power of legislation, or making laws, for the government of this foreign

dominion: and the laws thus enacted by the Company, shall be equally

binding on all her ministers, servants, and subjects, in that dominion,

as are the acts of parliament on the subjects of Britain. And being

farther sensible of the many inconveniences, that must arise from the

Company’s incapacity of punishing the offences committed by her

ministers, and servants abroad, otherwise than by applying to courts of

justice that are foreign to her government; where she cannot convict,

through the difficulty of obtaining the evidence required by the forms

of these courts; and where she is deterred from prosecuting, by the fear

of divulging the secrets of her government; insomuch that, rather than

apply to these courts, she must submit to the most audacious acts of

disobedience, and maladministration; and considering that such

incapacity in the Company must discourage all good government, and

produce tyranny and anarchy in this dominion; be it enacted, that the

Company shall have authority to erect courts of justice, and appoint

judges; with the like powers, as are vested in his majesty’s judges, and

courts of judicature, for trying and judging all suits and causes, or

offences committed within the limits of this Indian dominion; and for

punishing the same, either capitally, or by fine, imprisonment, and

banishment, though to Europe only. And whereas it is probable, that some

of the ministers or servants of the Company may, by various methods,

elude the justice of her courts abroad, and escape to Europe; in order

therefore to prevent such dangerous illusion of justice, it is enacted,

that the Company’s court of directors shall, on due information being

made to them, have power at all times to call before them such escaping

delinquents, and to try and punish them, for the offences they may have

committed within the limits of this Indian dominion, in like manner as

they could have been tried or punished by the Company’s courts abroad.

And because the liberty of appealing from the Company’s courts of

justice, to the judgment of any other courts, must be productive of the

same inconveniences to the Company, as a trial of the same cause in the

first instance would have been, and must therefore deter the Company

from ever availing herself of the judicial powers granted by this act;

it is enacted, that delinquents shall have no liberty of appealing from

the Company’s courts abroad, excepting to the Court of Directors at

home, or to a general court of Proprietors; whose judgment in all such

cases shall be final. And as the Court of Directors have, and may be,

discouraged, from prosecuting or punishing the crimes of their rich

servants, by the fear of danger to their own private interest, from a

combination of the friends and abettors of such rich delinquents at a

future annual election, be it enacted, that the 24 Directors, being such

at the time of passing this act, shall continue in office, _durante

vita_.

“And whereas it appears, that the liberty of daily selling,

transferring, and alienating the shares in the Company’s stock, of which

this sovereign dominion forms a part, tends to infuse into the

proprietors a spirit of rapacity, that may be productive of much damage

to the several interests concerned; and hath many other very pernicious

consequences; whilst it reflects disgrace on the dignity of all other

sovereigns; be it enacted, that no proprietor in this Company’s stock,

of which the sovereignty forms a part, shall have power to send his

share in the said sovereignty to market, like as it were a hog or

bullock, and to sell, transfer, and alienate the same; but that the

several proprietors of this stock and sovereignty, being such at the

time of passing this act, shall remain and continue proprietors, without

the power of alienation, except in the cases that shall be hereafter

specified.

“And whereas it hath been represented that the Company’s holding this

sovereignty by lease, and for a short term, may not only alienate her

care and prevent her from studying and promoting the lasting welfare of

the country, but may induce her to pillage, plunder and waste it; be it

enacted, that the Company shall hold the sovereignty of this dominion,

_quamdiu se bene gesserit_; to the end, that she may consider and treat

it, not as the property of another, but as her own inheritance.

“And whereas the Company exercises traffic in this dominion; and, in

consequence thereof, her ministers do likewise traffic; and whereas the

exercise of traffic is evidently repugnant to a due discharge of the

duties of government, as being unavoidably productive of destructive

monopolies and oppression; all which it is impossible to prevent, so

long as the Company herself shall continue a merchant; be it enacted,

that this Company’s commercial charter shall be dissolved; and she, and

her ministers, shall be restrained from trading or trafficking, directly

or indirectly, within the limits of this Indian dominion, under certain

penalties to be mentioned in a new charter, which shall be granted to

this Company, constituting her the United Company of English East India

Sovereigns.”

These powers, grants, limitations, and restrictions, would have

qualified the Company, so far as the nature of things could admit, for

administring the political government; but, in her military capacity, as

the sovereign protector, maintainer and defender of this Indian

dominion, she hath been still less qualified, and would therefore have

required still more extraordinary powers. These however we shall not

specify, as apprehending, that what hath been already demanded will

shock. The grant of supreme legislative and judicial powers to subjects,

over their fellow subjects, must seem an absurd communication of that

which is incommunicable: the prohibition of selling and transferring the

shares of stock, would be termed a tyrannical restraint on private

property: the perpetual grant of this sovereignty to the Company, must

be deemed an unjust alienation of the Crown’s and Nation’s rights: and

the dissolution of the Company’s commercial charter, would alter her

very being and nature. In short, if we regard the proposed act simply,

it will appear a collection of absurd inconsistencies, and ridiculous

nonsense: but if we consider it conjunctly with the cause or purpose for

which it is required, then every absurdity vanishes from the act, and

centers in the cause that renders it necessary. For we appeal to common

sense, whether every circumstance, specified in this proposed act, is

not indispensably necessary, to qualify the Company for the sovereign

office of administring the political government of this Indian dominion:

and, if that necessity is admitted, then doth the act become a rational

and necessary consequence, of government’s having previously committed

that sovereign charge to the Company. Nay, we must take the liberty to

add, that government, by committing such a charge to the Company, and at

same time totally neglecting to capacitate her for supporting it, is in

a great measure accessory to all the ruinous consequences that have

ensued from her incapacity.

I am sensible it will be urged, that we proceed upon false premises; for

that government never considered these countries as subjected to the

dominion of Britain; that it never granted the sovereignty of them to

the Company; nor supposed her to be the sovereign; but that it only

acquiesced in her holding the Dewanny, on condition of her paying a part

of the revenues to the nation; and, of consequence, that government

never considered the inhabitants of those countries as subjects to the

government of Britain. But this is a most flimsy evasion, like that of

shutting our eyes to the sun, that we may deny it is day: government

granted to the Company a right or permission to hold the Dewanny; which

is explained to be, the power of collecting and appropriating the

revenues of Bengal; and, in consideration of this grant, government

demanded and received a share of these revenues; government therefore,

in its legislative capacity, admits a knowledge, that the Company did

possess the power of collecting, and also of applying the revenues of

Bengal, _ad libitum_; and, amongst other purposes, to that of defraying

the charges of the military, as well as the civil, government: and

government well knows, that the power which defrays the charges of the

military and civil government, must hold the absolute direction of both:

and what constitutes sovereign power, but the absolute direction of the

military and civil government, together with the disposal of the

revenues? But, exclusive of the Dewanny contract, the Company hath

applied, in every other characteristic of a sovereign, to government, in

its legislative capacity: she hath brought a bill into parliament, for

the grant of certain military powers and indulgences, for the better

enabling her to defend, what she there modestly, though vaguely, terms

her territorial acquisitions, (but which, by referring to the Dewanny

contract, is explained to include Bengal): and she hath applied for

certain juridical powers and grants, for the better administration of

the jurisdiction, not in her commercial factories, but over the whole

country of Bengal: therefore government hath been informed, in its

legislative capacity, by the Company herself, that she administred the

military and civil government, and appropriated the revenues of Bengal;

consequently that she was, in every sense and respect, the actual

sovereign of that country.

Now government could not be ignorant that the Company is a subject to

the national government of Britain; and that, as such, she could have

neither right, power, nor force to subject this dominion, or afterwards

to hold it in subjection, saving what she derived from the national

government; consequently government, as it understood that these

countries were subjected to the Company, must have known that they were

subjected to the dominion of Britain. And as government did permit the

Company to retain this dominion; and furnished her with a military

force, knowing it to be for the purpose of maintaining dominion, it is

plain, that the Company hath held this dominion, no otherwise than by

the grant and support of government.

But if the Company be the sovereign of Bengal, the inhabitants must,

_per_ force, be her subjects; and if the Company holds this sovereignty

as a subject to the government of Britain, by virtue of the grant or

permission of that government, and by means of a force furnished by the

same government, in what relation can this government regard the

inhabitants of Bengal? In that of subjects surely; tho’ the degree hath,

by the deed of government, been somewhat implicated; like that of a

child begot by the father upon his own daughter. And subjects they have

been to the government of Britain, in every sense and meaning; they have

yielded obedience to those subjects of this government whom it appointed

to rule over them; and they have yielded the fruits, as well as the

duties of obedience.

But the government of Britain, which hath thus by force subjected the

inhabitants of Bengal to its dominion; which hath, for a series of

years, held them in subjection; and hath, all along, exacted from them

the tribute of subjection; hath withheld from them the protection due to

subjects. For it hath scrupulously withdrawn itself from all regard or

attention to their government; and hath left it implicitly to the

guidance of a few merchants; whom it knew to be perfectly unqualified

for administring any sort of government: in consequence of which these

wretched people have, for many years, been ruled, without law, justice,

or government. Unhappy subjects, who are forced to obey a sovereign that

refuses them protection, and leaves them exposed to all the horrors of

tyranny and anarchy.

It will nevertheless be still insisted that government could not,

without committing a number of irregularities and absurdities, endow the

Company in the manner specified; as also that the Company, when thus

endowed, would still have been altogether unequal to the charge of

regularly administring a sovereign government. But surely government, if

it would not or could not capacitate the Company to regularly govern

those countries, ought not to have furnished her the means of

oppressing, ravaging, pillaging, and ruining them; to the disgrace of

humanity, and the indelible reproach of the British name. Government

would have acted a part far more consistent with the rules of honour and

humanity, if, instead of furnishing to the Company this military power,

it had restrained her from availing herself of the advantage, gained by

force and chance, over that mild, unwarlike, but industrious people; and

obliged her to leave them to their own government.

But then the situation of affairs in those countries, where the nation

and Company held such a valuable commercial interest, rendered it highly

improper and dangerous to leave the native government to itself:

moreover the nation and Company could not, in such case, have acquired

the mighty wealth and other benefits that have been derived from the

conquest, or assumed dominion, of those countries. Oh wealth, basely

acquired, and foolishly applied! Was there then no medium, no middle

channel, thro’ which government might have steered the Nation and

Company to this same wealth and benefits, clear of all these

irregularities, incongruities, inhumanities, and reproaches? Yes surely;

and one so obvious and conspicuous, that it is impossible to conceive

how government could be so industrious as to shun or miss it. Had the

national government taken upon itself the charge of superintending the

government of those countries, as reason and the nature of things

directed, then would it have furnished them a sovereign, naturally free

from all the defects of the Company, and completely endued with all the

qualifications of power, ability, and inclination from interest, to

protect and regularly govern them.

For it is plain, that the national government, possessing supreme

legislative, and judicial power, must have been capable of enforcing

obedience to the laws which it might have enacted for the good

government of those countries; and of punishing disobedience, not only

in the natives, but in the ministers whom it would have employed to

execute that government; as these must have been its own subjects. And,

on the other hand, the nation being an immutable body, and holding this

sovereignty in her own right, and by perpetual tenor; her government

must have been actuated, by the strong motive of self interest, to exert

itself in promoting the real and lasting welfare of those countries. And

as to the commercial despotism, it could never have existed under the

national government.

It therefore follows, that the national government, being perfectly free

from all the defects of the Company, would, by the simple, natural, and

rational act of assuming the administration of government in those

countries, have prevented or reformed all the several abuses or evils

that have sprung from the defective constitution of the Company, as

sovereign. But besides the mighty reform of abuses, that must have been

immediately caused by thus changing the person of the sovereign; there

is another advantage, which, though it cannot be said to spring directly

from that change, yet would it have ensued as a natural consequence of

the national government’s taking upon itself this sovereign charge; and

that is, the creation or institution of a new interest in that country;

a sort of middle state, betwixt the native subjects and their foreign

government.

The middle state here meant is the East India Company, (or which is the

same, her servants in Bengal;) which, being now reduced to the condition

of a subject, tho’ still retaining all her commercial privileges and

interests in that country, would have formed an intermediate link in the

political chain, serving to connect the natives with their government,

and government with the natives. For, in every one circumstance that

respected the liberty of the subject, this middle state must have held

precisely the same interest as the natives; and, in consequence, the

same inclination to oppose all oppression of government: and, in every

thing that respected the real interest, the power, or honour of the

sovereign, the community of _Natale Solum_ must have led it to support

the measures of government. Therefore, this middle state, holding a

great weight in that dependent dominion, (not indeed from its numbers,

but from the powerful support and influence of the Company, which would

have been still very respectable in the sovereign country,) must have

carried a mighty poise into the scale of liberty, in opposition to the

despotism of government; whilst, at same time, it would have created no

danger to the power of the sovereign. And a middle state of this nature

must have been of inexpressible utility; facilitating, in many respects,

the establishment of a regular political œconomy

The Present State of the British Interest in India With a Plan for Establishing a Regular System of Government in That Country · 第 2 / 8 段