It is not meant to insinuate, that any condition of the kind

THE LETTERS

GRACCHUS

ON THE

_EAST INDIA QUESTION_.

_LONDON_:

PRINTED FOR J. HATCHARD,

BOOKSELLER AND PUBLISHER,

NO. 190, OPPOSITE ALBANY, PICCADILLY.

1813.

Printed by S. GOSNELL, Little Queen Street, London.

ADVERTISEMENT.

The following Letters appeared in the MORNING POST, at the dates which

are annexed to them. The impartial Reader will find in them a strong

determination, to uphold the public rights of the Country, with respect

to the India Trade; but he will not discover any evidence of a desire to

lower the just, and well-earned honours, of THE EAST INDIA COMPANY, nor

any symptom of a disposition hostile to their fair pretensions.

LETTERS

OF

GRACCHUS.

LETTER I.

GENERAL VIEW OF THE EAST INDIA QUESTION.

_Tuesday, January 12, 1813._

The crisis, at which the affairs of the East India Company are now

arrived, is one which involves the most important interests of the

British Empire. It would be unnecessary to prove a proposition which is

so universally acknowledged and felt. It has happened however, that, in

our approaches towards this crisis, the Public understanding has been

but little addressed upon the subject; so that the appeal which is now

suddenly made to their passions and imaginations, finds them unprepared

with that knowledge of the true circumstances of the case, which can

alone enable them to govern those passions, and control those

imaginations. Let us then endeavour to recover the time which has been

lost, by taking a deliberate view of the circumstances which produce

this crisis.

The crisis, is the proximity of the term which may conclude the East

India Company's rights, to the exclusive trade with India and China, and

to the powers of government now exercised by them over the Indian

Empire.

The rights of the East India Company are two-fold; and have long been

distinguished as, their _permanent_ rights, and their _temporary_

rights. Those rights are derived to them from distinct Charters, granted

to them at different times by Parliament. By the former, they were

created a _perpetual_ Corporate Society of Merchants, trading to

India[1]. By the latter, they obtained, for a _limited period of time_,

the exclusive right of trading with India and China, and of executing

the powers of government over those parts of the Indian territory, which

were acquired either by conquest or by negotiation. The Charter

conveying the latter limited rights, is that which will expire in the

course of the ensuing year 1814; on the expiration of which, the

exclusive trade to the East will be again open to the British population

at large, and the powers of the India Government will lapse in course

to the Supreme Government of the British Empire, to be provided for as

Parliament in its wisdom may judge it advisable to determine.

The renewal of an _expired_ privilege cannot be pursued upon a ground of

_right_. The exclusive Charter of the Company is _a patent_, and their

patent, like every other patent, is limited as to _its duration_. But

though the patentee cannot allege a ground of right for the renewal of

his patent, he may show such strong pretensions, such good claims in

equity, such weighty reasons of expediency for its renewal, as may

ensure its attainment. Such are the claims and the pretensions of the

East India Company to a renewal of their Charter; and as such they have

been promptly and cheerfully received, both by the Government and the

country at large.

But the progress of society, during a long course of years, is of a

nature to produce a considerable alteration in the general state of

things; the state of things must, therefore, naturally be called into

consideration, upon the expiration of the term of years which determines

the exclusive Charter of the East India Company; in order to inquire,

whether that Charter should be renewed precisely in the same terms, and

with the same conditions, as before; or whether the actual state of

public affairs demands, that some alteration, some modification, of

terms and conditions, should be introduced into the Charter or System

which is to succeed.

The arduous task of this investigation must necessarily fall upon those

persons, who chance to be in the Administration of the Country, at the

latest period to which the arrangements for the renewal of the Charter

can be protracted; and it is hardly possible to imagine a more difficult

and perplexing position, for any Administration. Those persons, if they

have any regard for the duties which they owe to the Public, will

consider themselves as standing _between two interests_; the interest of

those who are about to lose an exclusive right, and the interest of

those who are about to acquire an open and a common one. They will be

disposed to listen, patiently and impartially, to the pretensions of

both parties; of those who pray for the renewal of an exclusive

privilege, and of those who pray that they may not be again wholly

excluded from the right which has reverted. And although they may amply

allow the preference which is due to the former petitioners, yet they

will endeavour to ascertain, whether the latter may not, with safety to

the public interest, receive some enlargement of the benefits, which the

opportunity opens to them, and from which they have been so long

excluded.

While they thus look alternately to each of these interests, and are

engaged in striving to establish a reconciliation between the two, it

will be neither equitable nor liberal for one of the interested parties

to throw out a doubt to the Public, whether they do this "from a

consciousness of strength, and a desire of increasing their own power

and influence, or from a sense of weakness and a wish to strengthen

themselves by the adoption of popular measures[2]." And the author of

the doubt may find himself at length obliged to determine it, by an

awkward confession, that Ministers do not do it "with any view of

augmenting their own patronage and power[3]."

It is thus that the Ministers of the Crown have conducted themselves, in

the embarrassing crisis into which they have fallen. Fully sensible of

the just and honourable pretensions which the East India Company have

established in the course of their long, important, and distinguished

career, they have consented to recommend to Parliament, _to leave the

whole system of Indian Government and Revenue to the Company_, under the

provisions of the Act of 1793; together with _the exclusive trade to

China_, as they have hitherto possessed them; but, at the same time,

considering the present state of the world, and its calamitous effects

upon the commercial interest in general, they are of opinion, that some

participation in the Indian trade, thus reverting, might possibly be

conceded, under due regulations, to British merchants not belonging to

the East India Company; which would not impair the interests either of

the Public or of the Company.

In this moderate opinion, they are fully justified, by the consent of

the Company, to admit the Merchants of the out-ports to a share in the

Indian trade. And thus far, all is amicable. But the out-port Merchants

having represented to Government, that the condition, hitherto annexed

to a Licensed Import Trade,--of bringing back their Indian Cargoes to

the port of London, and of disposing of them solely in the Company's

sales, in Leadenhall Street,--would defeat the object of the concession;

and that the delay, embarrassment, and perplexity, which such an

arrangement would create, would destroy the simple plan of their

venture; and having therefore desired, that they might be empowered to

return with their cargoes to the ports from whence they originally

sailed, and to which all their interests are confined; Government, being

convinced of the justice of the representation, have proposed that the

Import Trade may be yielded to the Out-ports, _under proper

regulations_, as well as the Export Trade. To this demand the Court of

Directors peremptorily refuse their consent; and upon this _only point_

the parties are now at issue. This question alone, retards the final

arrangements for the renewal of their Charter.

Yet it is this point, which one of the parties interested affirms, to be

"a question of the last importance to the safety of the British Empire

in India, and of the British Constitution at home;" and therefore

undertakes to resist it, with all the determination which the importance

of so great a stake would naturally inspire. But, when we compare the

real measure in question with the menacing character which is thus

attempted to be attached to it, we at once perceive something so

extravagantly hyperbolical, something so disproportionate, that it at

once fixes the judgment; and forces upon it a suspicion, that there is

more of policy and design, than of truth and sincerity in the assertion.

That objections to the measure might arise, capable of distinct

statement and exposition, is a thing conceivable; and, these being

stated, it would be a subject for consideration, how far they were

removable. But to assert, in a round period, that the safety of the

empire in Europe and Asia is fundamentally affected in the requisition,

that a ship proceeding from Liverpool or Bristol to India, might return

from India to Liverpool or Bristol, instead of to the Port of London,

is calculated rather to shake, than to establish, confidence in those

who make the assertion. Yet this is the question which the country is

now called upon to consider, as one tending to convulse the British

Constitution. Surely, if the foundations of the empire in both

hemispheres have nothing more to threaten them, than whether the

out-port shipping shall carry their cargoes home to their respective

ports, or repair to the dock-yards in the port of London, the most timid

politician may dismiss his alarms and resume his confidence. When the

East India Company, by conceding a regulated Export Trade, have at once

demonstrated the absurdity of all the predictions which foretold, in

that Trade, the overthrow of the Indian Empire; we may confidently

believe, that the Import Trade will prove as little destructive, and

that its danger will be altogether as chimerical as the former.

Whether the Court of Directors endeavour to fix that menacing character

upon the proposed Import Trade, as a bar against any further

requisition, is a question which will naturally occur to any

dispassionate person, who is not immediately and personally interested

in the conditions of the Charter; and he will be strongly inclined to

the affirmative in that question, when he finds, that the reason which

they have alleged for their resistance, is their apprehension of the

increased activity which the practice of smuggling would acquire, from

the free return of the out-port ships from India to their respective

ports. It is not a little extraordinary, that they should so strenuously

urge this argument against those persons, who, while they propose the

measure, are themselves responsible for the good management and

protection of the revenue; and who must therefore be supposed to feel

the necessity of providing means and regulations, adapted to the measure

which they propose. The Ministers of the Crown have not failed to inform

the Court of Directors, that, in consequence of the communications which

they have had with the Commissioners of the Customs and Excise upon the

subject, they find that the Directors have greatly over-rated the danger

which they profess to entertain; and they acquaint them, that new

regulations will be provided to meet the new occasion; and that the

out-port ships and cargoes will be subject to forfeiture upon the

discovery of any illicit articles on board. Yet the Court of Directors

still persist in declaring, that the hazard of _smuggling_ is _the

reason_ why they will not grant to the out-ports an import trade; and

this, through a fear of compromising "the safety of the British Empire

in India, and the British Constitution at home."

A calm and temperate observer, who scrupulously weighs the force and

merits of this reasoning, will naturally be forced into so much

scepticism as to doubt, whether there may not be some _other reasons_,

besides the safety of the Empire, which may induce the East India

Company to stand so firm for the condition of bringing all the import

Indian trade _into the Port of London_? Whether there may not be some

reasons, of a _narrower_ sphere than those of the interests of the

Empire? In searching for such reasons, it will occur to him, that the

Port of London is the seat of the Company's immediate and separate

interests; and he will shrewdly suspect, that those interests are the

_real_, while those of the Empire are made the _ostensible_, motive for

so vigorous a resistance. When he reflects, _that it is proposed to

leave the Company in the undisturbed possession of all the power of

Government over the Indian Empire, which they have hitherto enjoyed;

that they are to remain possessed, as heretofore, of the exclusive trade

to China, from whence four-fifths of their commercial profit is

derived_; that they themselves have virtually admitted the falsity of

the theoretical mischiefs, foretold as the certain results of an

out-port trade, by having agreed to concede that trade, to the extent

required by Government; that they equally allow, an import trade for the

merchants of the out-ports; but make their resistance upon the single

point, that the import trade should be all brought together into their

own warehouses, and should be disposed of in their own sales in

Leadenhall Street: when he combines all these considerations, he will

think that he plainly discovers, that the interests of the Empire at

large are not quite so much involved in the question as they proclaim;

and that, if any interests are more pressingly calculated than others,

it must be their own, and not the Public's. If their interests are to be

affected by the measure, let them fairly state it, and show the extent;

but let them not endeavour to defend them covertly, under an artful and

factious allegation of _the ruin of the British Constitution_. And if

they really do apprehend that the Constitution would be endangered, let

them not hazard such consequences by their own proceedings. Let them not

come forward as advocates for the preservation of the Empire, if their

rhetoric is to sink into a threat, of "_shutting up the great shop of

the India House."_

It may be well to call to the recollection of the East India Company,

that they owe their present state to an assertion of those very rights

to open trade which have now been brought forward; for, when the first,

or London East India Company had experienced certain disappointments and

failures, various adventurers came forward with claims similar to those

which have been alleged by the merchants of the present day, and

obtained an incorporation, to the prejudice of the old Company; and

although the old, or London East India Company, afterwards effected an

union with the new, or English East India Company, and with them gave

origin to the present Company, yet the UNITED EAST INDIA COMPANY should

not forget, how much the activity of the Indian trade was stimulated by

the assertion of the rights of their predecessors, _to participate in

the trade which had been granted exclusively to a former Company_.

GRACCHUS.

FOOTNOTES:

[1] The _rights and pretensions_ of the Company are fully considered in

the Tenth Letter.

[2] Considerations on the Danger of laying open the Trade with India and

China, p. 13.

[3] Ibid. p. 18.

LETTER II.

_Wednesday, January 13, 1813._

It is a distinguishing character appertaining to Britons, to express

forcibly their feelings, whenever they think they discover any

disposition to encroach upon their rights. It is not therefore to be

wondered at, that the communication of the papers, on the subject of the

East India Company's Charter, which was made by the Directors to the

Proprietors, on the 5th instant, should have produced the effect which

was then manifested; of an almost unanimous disposition, to support the

Directors in their resistance of a measure, which, at the time, was

regarded as an invasion, on the part of the Government, of the

established rights of the East India Company.

But now that the momentary ebullition of that spirit has had time to

subside, and to give place to cool and sober reflection, it may not be

unacceptable to the Proprietors at large to look calmly and attentively

into the subject; and to examine its bearings on their own substantial

interests.

It must be manifest to every man, who will only refer to the accounts

which have been published in the Reports of the Select Committee of the

House of Commons, that, from the magnitude of the Company's debt, it

would be impossible to calculate the time at which the Proprietors could

contemplate any augmentation of their present dividends of 10½ per

cent.; even though the Charter, instead of being within one year of its

expiration, had an extended period of twenty years to operate.

It is equally manifest, from the correspondence of the Court of

Directors with Government, that, in agreeing to the proposition of

opening the Export Trade to the out-ports of the United Kingdom, they

were free from any apprehension, that the continuance of the present

dividend could be endangered by their conceding that point. And,

therefore, although the Proprietors were precluded from entertaining any

reasonable expectation of _an increase_ to their dividends, they were

perfectly warranted to consider the continuance of that which they now

receive, as free from any hazard, in consequence of the extension

proposed to be granted to the Export Trade.

Whether they may remain in the same confidence, under _all_ existing

circumstances, is a question which the Proprietors are now earnestly

solicited to examine. The point at issue (if I may apply that expression

to a case, in which the Company are upon the disadvantageous ground of

petitioning for the renewal of a privilege, now about to expire) is,

whether the ships which shall be permitted to clear out from the

out-ports of the United Kingdom, ought to be allowed to return to any

given description of those ports, or whether they should all be

compelled to enter at the Port of London? And upon _this point_ is made

to hinge a question, which may affect (not the _British Empire and

Constitution_, but) the main interest of the Proprietors, namely, _their

dividends_. For no man can be so inconsiderately sanguine as to suppose,

that the Company, under the present pressure of their pecuniary

embarrassments, (whatever may have been the causes from whence they have

arisen;) embarrassments proceeding from a debt, in India and in England,

of _more than forty-two millions_; nearly four millions of which are in

accepted bills on England, which will shortly become due, and for the

payment of which there are not funds at the India House; no man can be

so inconsiderately sanguine as to suppose, that the dividend may not

become a little precarious, under such circumstances. It must be evident

to the most superficial observer, that the credit of the Company with

the Public can only be sustained by the prompt and liberal aid of

Parliament; and it will hardly be maintained, that it is a _propitious_

mode of soliciting that aid, to connect with the solicitation an avowed

determination to oppose a measure, which Government represent it to be

their duty to recommend to Parliament, for the general benefit of the

community; a measure, founded on, and growing out of, the principle of

the Charter of 1793, which first opened the private trade between India

and this country; the provisions respecting which trade have been

progressively extended at subsequent periods, and of which trade the

Public will now call for a further enlargement and participation, as a

just and necessary qualification to the proposed renewal of the

Company's Charter.

The City of London, indeed, is _now_ an exception, and apparently a very

weighty one, to this general call; but it will lose much of that weight

with the Public, and must fall into the scale of an interested party,

when it is recollected, that so long as the question between the Company

and the Public was, whether the commerce with India should remain a

strict monopoly, or whether a participation in it should be granted to

individuals, under the restriction of importing to London the

commercial interest of the metropolis was powerfully incited against the

Company; and that, to that great commercial interest, supported by the

weight of Mr. Dundas's opinion, and to the more enlarged view which Lord

Wellesley took of the subject, the extension that has hitherto been

given to the private trade with India is to be attributed. The

experience of twelve years has now proved, that both India and the

parent state have greatly benefited by that extension; and it has

followed, as a necessary consequence of that experience, that the active

and intelligent merchants of the other large ports of the United

Kingdom, have urged their fair pretensions, to be admitted to a share in

the profits of that widely diffused trade; by sending their merchandise

from their own ports, and by receiving the returning cargoes into their

own warehouses, in those ports.

A reference to the printed papers (as has already been signified) will

show, that the Court of Directors were prevailed upon to concede _the

first_ of those points, but that they have been immoveable with respect

to _the second_; although their own commercial knowledge must have made

it evident to them, that the concession of the first, that is, _a free

export_, would be nugatory, unless supported by the benefit arising from

the _freedom of import_; which is not only in the proportion of four to

one in amount to the export, but is requisite to give that unity to the

concern, without which great commercial establishments cannot be kept

up.

Such is the state of the question, or, as it has been called, by some

strange perversion of ideas, the _negotiation_, between the Company, as

applicants for a renewal of their Charter which is about to expire, and

the Government, through whose aid it is to be solicited, or at least,

without whose concurrence it is certainly very questionable, whether

they would be able to obtain it. These are the circumstances, under

which the affairs of the East India Company must necessarily, and

speedily, be brought forward, for the consideration of Parliament. Can

it, then, be considered an exaggerated view of the hazards of such a

situation, to suppose, that some guardian of the public purse may deem

it requisite to inquire, whether the application for pecuniary aid from

Parliament ought not to be preceded by a substantial proof, not of

concession, for they have in fact nothing to concede, but of something

like accommodation on the part of the Proprietors? And in that event,

might it not be questioned, whether, since the dividend of 10 per cent.

was sanctioned upon an assumption, that the revenue of the Company

yielded a _surplus_ of upwards of a million; now, when instead of a

surplus, a _deficit_ is admitted to exist, the dividend ought not to be

reduced, not merely to the standard from which it had been raised under

the supposed prosperous state of the Company's affairs, but to a

standard to be regulated by the amount of the ascertained profits upon

their own trade, under whatever circumstances it may hereafter be

conducted?

It is not meant to insinuate, that any condition of the kind alluded to

is likely to be imposed, in granting the relief so pressingly required

by the present exigencies of the Company; but if a necessity for the

winding up of their affairs, as an exclusive Company, should arrive, and

if their own resources, with the profits they may derive from their

commerce as a Corporate Body, should not be adequate to the payment of a

dividend of 10½ per cent.; could it reasonably be expected, that

Parliament would, in _all future times_, extend its liberality towards

the Proprietors of India stock, to the extent of _securing to them_ a

continuance of their present dividend?

It is to be feared, that those who may have calculated upon such a

result, have taken a false measure of their _prospective situation_; and

it is on account of this apprehension, that it appears highly important

to call the attention of the Proprietors to the care of their own

substantial interest in the dividend; an interest, which to them is, and

must be paramount.

GRACCHUS.

LETTER III.

_Thursday, January 14, 1813._

It is at all times an object equally interesting and instructive, to

trace the origin of laws and institutions, and to follow them in the

progress of their operation; but this inquiry becomes more powerfully

attractive, when the pursuit is stimulated by an anxiety to defend a

supposed right, or to acquire an extension of advantages which are

already possessed.

Such an investigation appearing to be a necessary sequel of the subject

treated of in a former communication, let us now take a succinct view of

those provisions of the Act of 1793, by which the East India Company,

upon the last renewal of their Charter for a fixed time, were called

upon to relax from the exclusive restrictions of the monopoly which they

had so long enjoyed. Taking that Act as the source and origin from

whence the present India Question arises, let us briefly follow the

subject in its progress, down to the propositions that are now before

the Public.

It is necessary to premise, that the Company had, from an early period

of their commerce, granted as a favour and indulgence to the Captains

and Officers of their ships, permission to fill a regular portion of

tonnage with certain prescribed articles, upon their private account,

subject to the condition; that those privileged articles should be

lodged in the warehouses of the Company, that they should be exposed by

them at their sales, and that they should pay from 7 to 5 per cent. to

cover the charge of commission and merchandise.

The Act of 1793, relieved the trade carried on under this indulgence, by

reducing the rates of charge to 3 per cent.; which was established as

the rate, at which the more enlarged trade, for the first time allowed

by that Act to private merchants unconnected with the Company, should

pay to the Company; which trade was then limited to 3000 tons, the

shipping for which was to be provided by the Company, who were to be

paid freight for such tonnage, and were to have the same control over

the goods which might be imported, as they already exercised over the

trade of their Captains and Officers.

It was soon found, that the conditions, under which this trade was

opened, changed its operations, so as to render the privilege of little

value. The residents in India, for whose benefit it was professed to

have been principally intended, presented memorials upon the subject to

the Governments abroad; and the merchants of London represented to the

authorities in England, the necessity of an enlargement of the

principle, as well as a correction of the regulations. It is not

necessary, to go into any detail of the reasons upon which those

applications were supported; because Mr. Dundas, who then presided over

the affairs of India, and who had introduced and carried through

Parliament the Bill of 1793, did in the most explicit terms inform the

Court of Directors, in his letter of the 2d April, 1800, that "he should

be uncandid, if he did not fairly acknowledge, that experience had

proved it to be inadequate to the purposes for which it was

intended--and that therefore he was clear, that the clause in the Act

ought to be repealed, and in place thereof _a power be given to the

Governments abroad, to allow the British subjects, resident in India, to

bring home their funds to Britain on the shipping of the country_;" that

is to say, on ships built in India. This letter, of the President of the

Board of Control, was referred by the Court of Directors to a special

Committee of their body; who, in a very elaborate Report, dated 27th

Jan. 1801, that is to say, after the deliberation of eight months,

declared that it was impossible for them to acquiesce in the proposition

then made by Mr. Dundas. They supported their opposition by a variety of

arguments, from which the following short passage need alone be

selected:--"The proposals which have been brought forward by certain

descriptions of men, both in India and in England, for the admission of

their ships into the trade and navigation between India and Europe,

_proposals which extend to the establishment of a regular and systematic

privilege_ in favour of such ships, appear, when maturely weighed, and

followed into all their operations, _to involve principles and effects

dangerous to the interests both of the Company and of the nation_; that

_the adoption of those principles would, immediately and essentially,

affect both the system of policy which the Legislature has established

for maintaining the connexion and communication between this country and

British India, and the chartered privileges of the East India Company_.

And the introduction of any practice of this nature, would tend to widen

gradually, and indefinitely, the channel of intercourse between India

and Britain; to multiply the relations between the two countries; and to

pour Europeans of the lower sort into India, and Indian sailors into

this country; to lessen, by both these means, the respect for the

European character; _to disturb and shake our government there_; and, in

a word, to lead progressively but surely to colonization."

The language employed by the Court of Directors at the present day, in

opposition to the proposition for allowing private ships returning from

India to import to the places from whence they had sailed upon their

outward voyage, is feeble and languid; in comparison with the passage

which has been just now recited, from the Report of their Special

Committee, made upwards of twelve years ago, upon the proposition then

submitted by Mr. DUNDAS. That Minister, in his reply of the 21st March,

1801, to the Court of Directors, observed, "_I have reviewed my own

opinions with the most jealous attention, and I have weighed, with the

most anxious care, the arguments of those who suppose that the system

which I have recommended, is likely to produce any inconvenience or

danger to the rights, privileges, and exclusive interests of the East

India Company: but it is my misfortune to view the subject in an

opposite light. If any thing can endanger that Monopoly, it is_ AN

UNNECESSARY ADHERENCE TO POINTS NOT ESSENTIAL TO ITS EXISTENCE." Mr.

Dundas then adverted to a letter of the 30th September, recently

received from the Governor-General, Marquis Wellesley, which, he said,

"had with clearness and precision ably detailed and demonstrated the

grounds of those opinions."

But, the judgment and reasoning of Mr. Dundas, elucidated by the

arguments of Marquis Wellesley, (which were founded on the knowledge of

what, at the time, was passing under the eye of the Governor-General,)

had not influence upon the Court of Directors, sufficient to make them

adopt the proposition of the President of the Board of Control; and

still less, the enlargement of that proposition, as suggested by Lord

Wellesley; who represented, "the great advantages that would result to

the Sovereign State, by encouraging the shipping and exportation of

India; and, that if the capital of the Merchants in India, should not

supply funds sufficient for the conduct of the whole private Export

Trade from India to Europe, no dangerous consequences could result from

applying, to this branch of commerce, capital drawn directly from the

British Empire in Europe:" thereby taking that trade from foreign

nations, whose participation in it was become "_alarmingly increasing_."

These distinct and concurring opinions, of the President of the Board of

Control and the Governor-General, could not prevail upon the Court of

Directors to "alter the opinion they had delivered." They accordingly

drew up paragraphs, to be sent to the Governments in India, conveying

their _final resolutions and instructions_.--"The British residents in

India," they said, "aided by those who take up their cause here (_viz._

the King's Ministers and the Merchants of London), desire to send their

own ships to Britain, with private merchandise; and the principle of

employing British capital in this trade, is also contended for. This

trade, although it might for a time be carried on through the existing

forms of the Company, would at length supersede them; the British

commerce with India, instead of being, as it is now, _a regulated

monopoly_, would deserve, more properly, the character of a regulated

free trade; a title, which it is to be feared would not suit it long."

Such is the substance of the paragraphs which the Directors had

prepared, upon the propositions we have been considering; although both

the one and the other of those propositions explicitly provided, _that

all the private trade with India, export as well as import, should be

confined to the Port of London_. The Board of Control, though no longer

presided at by Mr. Dundas, interposed its authority; and, on the 2d

June, 1801, the Directors were enjoined not to send those paragraphs to

India.

The language of the Court of Directors in 1813, upon the question of the

Import Trade, is, as has been already affirmed, feeble and languid in

comparison with that which the same body employed in 1800 and 1801, with

regard to the admission of India-built ships in the carrying trade

between Britain and India; but Indian-built ships have, from that time

to the present, been employed in that trade, and none of the alarming

consequences, which the Directors had predicted, have resulted from that

practice.

May it not therefore be reasonably assumed, that the alarm under which

they now profess themselves to be, would prove to be equally unfounded;

that the direful influence upon the Constitution and Empire, which the

Directors tell us is to be apprehended, from any change in the existing

system that shall admit private ships returning from India to import at

the places whence they had cleared out, would be found to be as little

entitled to serious consideration; and that neither the public revenue,

nor the immediate interests of the Company, would be endangered by an

experiment, which the Government and the Company would be equally bound

to watch; and which Parliament could at all times control, and if

necessary, absolutely bring to a termination?

GRACCHUS.

LETTER IV.

_Saturday, Jan. 16, 1813._

Having hitherto taken a view of those parts of the India Question, which

more immediately relate, to the commercial interests of this country,

and to the Proprietors of East India Stock; let us now advert to the

deportment of the Directors towards the Ministers of the Crown, in their

last communication made to the Court of Proprietors.

It appears, from the printed papers, that as long back as the month of

April, the President of the Board of Control put the Court of Directors

in full possession of the _final opinion_ of His Majesty's Ministers;

concerning the privileges of trade which, they conceived, it would be

their duty to submit to Parliament, as the basis of a Charter. Early in

the month of December, a deputation from the Court of Directors appears

to have been admitted, by special appointment, to a conference; in which

it is known to every clerk and messenger about the offices, as well as

to every member of that deputation, that the three Secretaries of State,

the First Lord of the Treasury, and the Chancellor of the Exchequer

attended. And it is equally notorious, that two subsequent meetings were

held, between the same parties. We are warranted to infer, from the

letter of Lord Buckinghamshire, that the discussions which took place at

those several conferences, were declared to be open and unreserved; with

a view that the Members of Government, and the Members of the

Deputation, might freely, and without restraint of form, deliver their

reasons for the opinions which they respectively held.

The impression which the Court of Directors received, from the conduct

of the Ministers of the Crown, in those conferences, is manifested in

the Letter from the Chairman and Deputy Chairman to the President of the

Board of Control, of the 30th December, in which "they return sincere

acknowledgments for the attention with which their representations had

been listened to, in the various interviews with which they had been

honoured by his Lordship, and His Majesty's Ministers, who attended."

In conferences of this nature, and between parties thus relatively

circumstanced, all that was to be expected from the Ministers of the

Crown was, that they should listen with attention to the representations

made to them, and should reply to those representations, so as to

command the acknowledgment of the inferior party. If, in the issue, (to

use the words of Mr. Dundas to the same authorities in 1801,) "after

having reviewed their opinions with the most jealous attention, and

after having weighed, with the most anxious care, the arguments brought

forward, it was still their misfortune to view the subject in an

opposite light" to that which presented itself to the judgment of the

Directors; it was not to be expected, that they should surrender their

own judgment to that of the Directors, who stood in the anomalous

character of defendants and judges in their own cause.

At the time that these conferences were terminated, the Ministers appear

to have entertained an expectation, that the subject would not be

further agitated, until an official communication should be made upon it

from Government. The Court of Directors, however, met on the 18th

December, and entered something very like a protest, by anticipation,

against the measure, which they knew, (from what appears to have passed

at the conferences,) would be the subject of that official

communication; and they transmitted it to the India Board. By the

irregularity of this proceeding; which bore upon the face of it the

appearance of a design, either of intimidating Government from coming to

the final decision which they had signified, or of creating a bar

against future discussion; they precluded Government from going into any

detail of argument, and consequently, the reply of the President of the

Board of Control appears to have been principally intended, to convey

officially to the Court of Directors that result, which the Members of

the Deputation were already in possession of; namely, "those conditions,

upon which alone, consistently with their public duty, the King's

Servants could submit a proposition to Parliament for the renewal of the

Charter."

To this official communication, the Chairman and Deputy Chairman of the

East India Company sent a reply, wherein they offer some explanation of

the irregularity; but, in their opposition to the ultimate determination

of Government, they call upon the King's confidential servants, to

impart to them all the reasons which had determined them to think, that

"the privilege of Eastern commerce should be extended to British

merchants;" and also, the specific regulations which they may propose to

adopt, for giving additional security to the revenue against smuggling.

The President of the Board of Control, thus called upon to step out of

his sphere, or to admit the Court of Directors to _Cabinet discussions_,

was constrained to acquaint them, that "the duty of Ministers had been

performed, by communicating to the Company the conditions on which they

were disposed to submit the business to Parliament;" at the same time

informing them, that they would find most of the reasons, which had

determined the judgment of Ministers to yield to the representations of

the out-port merchants, stated "in the petitions presented by those

merchants to the Houses of Parliament." And he finally referred them,

with confidence, to the "justice and wisdom of Parliament, for obtaining

a due regard to their interests."

If the Court of Directors did not entertain feelings and views very

different from those of the community at large, in consequence of that

peculiar position which renders them _defendants, and judges, in their

own cause_, they could not fail to contemplate with applause, the

temper, patience, and regard to public engagements, which mark the whole

proceedings of Government on this arduous occasion. But, being at one

and the same moment, petitioners and arbitrators, and having their

judgments biassed under those clashing characters, they have not always

kept themselves within the capacity, in which alone they can

consistently treat with the Government of the country. In their

communications with the Servants of the Crown, respecting the renewal of

their Charter, all that they are authorized to pretend to, is to have a

distinct knowledge of the conditions, on which the Government think they

shall be justified in the sight of the country, in proposing to

Parliament the renewal of their Charter; and, in the course of obtaining

this information, they have experienced the utmost consideration, and

have received the most ample and unreserved communications from His

Majesty's confidential servants; who have given their attention to every

argument urged by those who appeared as representatives of the Court of

Directors, and have put them in possession of all the grounds upon which

they differ from them in opinion. After having done this, they have

discharged their highly responsible duty to the Public; and if "_they

have the misfortune to view the subject in an opposite light_," the

Company's records will show them, that this is not the first time a

radical difference of opinion had subsisted, concerning their

pretensions, between the King's Ministers and the Court of Directors.

Such being the true state of the case, it becomes a subject of grave

inquiry, why the Directors, in the Court of Proprietors held at the

India House on the 5th instant, took no step whatever for moderating the

spirit which was then shown; or for rectifying the false impressions

which were there testified, respecting the deportment of His Majesty's

Ministers. It does not appear, that any one of the Directors who were

parties in those various conferences, in which they acknowledge to the

President of the Board of Control that they experienced so much

attention, took any forward step to set right the misrepresentations

which were delivered; or to repel the charges, implied or declared, of

contempt, neglect, encroachment, &c. which were so freely imputed to the

Servants of the Crown. But they left the spirit which had improperly

been excited, to act by the impulse of an erroneous impression; omitting

to render to the Government that justice, which the frankness of their

proceedings strongly called for.

A review of the debate at the India House,--with the Directors, either

silently withholding what they were enabled to impart in justification

of the Government, or by the rhetoric of some of them tending to blow

wider the flames of discord,--would almost authorize a suspicion, that

the Directors were not displeased at the fever which their silence

nourished. It is therefore earnestly to be hoped, for the honour of the

East India Company, and more especially for the interest of the

Proprietors, that some Director, or other individual, may, at the next

General Court, strive to efface the memory of the last; who may call

upon the Deputation, to render to the Ministers of the Crown whatever

justice is due to them, for their conduct in the late discussions; and

who may recommend a revision of the statement, in which they represent

to those Ministers, that the terms on which Government have offered to

the Company a Charter, are such as may "_leave their dividend unprovided

for_," and "_create a necessity for their going to Parliament_!" For,

unless they have brought themselves to a state to suppose, that

Ministers and the Public have lost all intelligence, they must know,

that both Ministers and the Public are well aware, that they are

actually under _a necessity of going to Parliament_ for aid, as soon as

Parliament shall be assembled; and that, at the present moment, _their

dividend_ may, in strictness, be considered as _unprovided for_.

GRACCHUS.

LETTER V.

_Tuesday, January 19, 1813._

The writers, who have recently undertaken to defend and justify the

opposition of the Court of Directors to any extension of the Import

Trade from India to the out-ports of the kingdom, have laid a peculiar

stress upon an opinion conveyed in that part of Mr. Dundas's Letter of

the 2d of April 1800, in which that Minister was considering "the

_agents_ to be employed at home; to manage the private trade of

individuals from India, and to take care of their interests in the

cargoes of the returning ships." He states his opinion, that "there is

no use of any interference by the Company; that the great interest to be

attended to on _the part of the Company_, is, that no goods come from

India that are not deposited in the Company's warehouses; and that the

goods, so imported, be exposed at the Company's sales, agreeably to the

rules prescribed for that purpose."

In taking ground upon any principle, it is necessary to ascertain

whether it applies to the case in point. That it was a great interest to

the East India Company to watch and control the trade carrying on under

their own licenses, is obvious; and this the Company could not

effectually do, unless that Trade, on its return from India, was brought

under their own eye, and collected within the sphere of their own

control; which is confined to the Port of London. But the case, to which

this argument is now applied by the advocates for the Company, is so

essentially deficient, that the principles appear to be wholly

inapplicable. In this _new case_, the extended trade would be carried

on, not under _the Company's licenses_, but under _the provision of

Parliament_; and the protection and control of that trade would become

the care, not of the Company, but of the executive Government. Here then

the determination of that trade would be governed, not by the separate

interest of the Company (which alone came within the scope of Mr.

Dundas's argument), but by the combined interests of the Company and the

Public at large. To this _combined interest_, Mr. Dundas's argument was

_not_ directed; and it is a fallacy in reasoning, to apply a partial

argument to a general case.

But, let us grant what these advocates assume; that the opinion here

delivered by Mr. Dundas, does really apply to the case in question. May

not that have happened at the present day, which actually did happen

with regard to the regulations of the Charter of 1793? Might not new

light be thrown upon a subject in 1813, which was supposed to have been

thoroughly investigated in 1800? And, as the candour and openness of Mr.

Dundas caused him, in 1800, to avow, that the provisions of 1793 were

_inadequate_, and prompted him strenuously to recommend the adoption of

a _new principle_; is it not possible that, taking into his view all the

circumstances which bear upon the question at the present day, he might,

had his life been spared, have been convinced, that the extraordinary

and unforeseen changes which have taken place in the political and

commercial world, might have now rendered it, not only expedient but,

necessary to relax, in some degree, upon the point of the import trade

from India?

The Letters of Gracchus on the East India Question · 第 1 / 5 段