TURSHISH.--"About one hundred Hindoo families, from Moultan and

Jessilmere, are established in this town, which is the extreme limit of

their emigration on this side of Persia. They occupy a quarter in which

no Mahomedan is permitted to reside; and I was not a little surprised to

see those of the Bramin sect distinguished by the appellation of

_Peerzadah_, a title which the Mahomedans usually bestow on the

descendants of their Prophet. Small companies of Hindoos are also

settled at Meschid, Yezd, Kachin, Casbin, and some parts of the Caspian

shore; and more extensive societies are established in the different

parts of the Persian Gulf, where they maintain a navigable commerce with

the western coast of India[6]."

BAKU.--"A society of Moultan Hindoos, which has long been established at

Baku, contributes largely to the circulation of its commerce; and, with

the Armenians, they may be accounted the principal merchants of

Shirwan. The Hindoos of this quarter usually embark at Tatta, a large

insular town in the lower tract of the Indus; whence they proceed to

Bassorah, and thence accompany the caravans, which are frequently

passing into Persia: some also travel inland to the Caspian Sea, by the

road of Candahar and Herat. I must here mention, that we brought from

Baku five Hindoos; two of them were merchants of Moultan, and three were

mendicants, a father, his son, and a Sunyassee (the name of a religious

sect of Hindoos, chiefly of the Brahmin tribe). The Hindoos had supplied

the little wants of the latter, and recommended him _to their agents in

Russia_, whence, he said, he should like to proceed with me to England.

The Moultanee Hindoos were going to Astrachan, merely on a commercial

adventure[7]."

ASTRACHAN.--"The Hindoos also enjoy at Astrachan every fair indulgence.

They are not stationary residents, nor do they keep any of their females

in this city; but, after accumulating a certain property, they return to

India, and are succeeded by other adventurers. Being a mercantile sect

of their nation, and occupied in a desultory species of traffic, they

have neglected to preserve any record of their first settlement, and

subsequent progress, in this quarter of Russia; nor is the fact

ascertained, with any accuracy, by the natives of Astrachan[8]."

Having thus seen, that the natives of India are in no respect averse to

engage in commercial dealings with strangers, and that no prejudices

exist among them of a nature to prevent them from using our

manufactures; we cannot but be forcibly struck with the reflection, that

no systematic plan has ever been adopted by the East India Company, to

attract the attention of the Hindoos to the various articles of our home

manufacture, or to stimulate their speculation in the traffic of them.

Whereas, in Europe, the Company have always found it necessary, for the

disposal of their Indian Imports, to take active measures for drawing

the attention of the nations of the European Continent to their sales in

London.

The Directors, in their letter to Lord Buckinghamshire, under date of

the 15th of April, 1812, (adverting to their sales in Europe,) observe,

"That the Foreign Buyers repose confidence in the regularity and

publicity with which the Company's sales are conducted; that the

particulars of their cargoes are published immediately on the arrival

of the ships, and distributed all over the Continent. That notices of

the quantities to be sold, and periods of sale, are also published for

general distribution; and that the sales of each description of goods

are made at stated periods, twice in the year."

_No measure of this nature has ever been projected for India_; and yet,

the predilection of the natives of India, both Hindoo and Mahomedan, for

public shows, scenes of general resort, and exhibitions of every kind,

is so well known, that we may confidently affirm, that nothing could

have a surer tendency to draw them together, than a display, at

periodical fairs, of our various manufactures. Fairs of this kind, for

the sale of their home manufactures, have been held from time

immemorial, in every part of India. The Company, therefore, needed only

to engraft, upon an established usage of the Hindoos, a regular plan of

periodical fairs; and, by thus adopting in India a course analogous to

that which they have found it necessary to employ in Europe, they might

generally have arrived at giving to Calcutta, Madras, and Bombay,

attractions of curiosity and mercantile interest, which would most

probably have drawn to those settlements the wealthy natives from every

part of the East; and have rendered the capital cities of British India,

what Amsterdam, Frankfort, and Leipsic have long been in Europe, the

resorts of all descriptions of people, and the repositories of every

European article of use and luxury. From these different centres of

commerce, the markets of the interior of India, and especially those

held at the scenes of religious assembly, might be furnished with

supplies; and, under the fostering encouragement of a wise and provident

Government, the intelligence and enterprise of the natives of India

might be called into action, and be stimulated, by a powerful motive, to

exert in their own country those commercial talents that have obtained

for them the encouragements, which, upon the unimpeachable testimony of

Mr. Forster, they have long received in Persia, and in parts of Russia.

The advantage of collecting together, at stated periods and in

established points, the productions of human industry and ingenuity, has

been so universally felt by all nations; that there is scarcely a

country, advanced to any degree of civilization, in which the practice

has not prevailed. To effect this object, with a view to the extension

of our export trade in India, _active encouragement_ is alone requisite;

but, in order to give it stability, _native agency_ must be called forth

into action. The supplies which (as was mentioned on a former occasion)

were found at Poonah, were obtained from that source alone. The Parsee

merchants at Bombay, are the principal agents of the Commanders and

Officers of the Company's ships; such parts of their investments as are

not disposed of among the European population, are purchased, and

circulated in the interior, by the Parsees. The small supplies of

European manufactures which find their way into the principal cities of

the Deccan, proceed from this source: but there is reason to believe,

that the articles which arrive at those places are too frequently of an

inferior sort, or such as have sustained damage in the transit from

Europe.

To give perfection to the great object here sketched out, it will be

indispensably necessary that the local authorities in India should

direct their most serious attention to this subject. As _our Indian

empire is our only security for our Indian trade_, so our Indian trade

must be rendered an object of vigilant concern to those who administer

the Government of that empire. From the multiplicity and importance of

their other avocations, that trade has not hitherto received all the

consideration to which its high value is entitled; but, whenever an

adequate regard shall be paid to it, it will become a duty of the

Governments to take active and effectual steps, for _drawing the

attention of the natives to our exported commodities_, and for

_promoting the dispersion of those commodities_, within the sphere of

their influence or power.

We now discern _one operative cause_ of the comparatively small demand

for, and consumption of, our European articles, in the Indian empire; a

cause, however, which it is within our capacity to control, or to

remove. And, after what has been summarily exposed, in this and in the

preceding communication, it can be no difficult point to determine,

whether _this cause_, or the alleged _prejudices of the Hindoos_, have

most contributed to limit the extent of our Export Trade to India.

GRACCHUS.

FOOTNOTES:

[5] Forster's Travels, p. 135-6.

[6] P. 166.

[7] Forster's Travels, p. 228.

[8] Forster's Travels, p. 259.

LETTER X.

THE RIGHTS AND PRETENSIONS OF THE EAST INDIA COMPANY.

_Monday, March 8, 1813._

It is now become a matter of the most solemn importance, that the public

attention should be called to a clear and deliberate survey of THE

RIGHTS and PRETENSIONS of the East India Company; and that the judgment

of Parliament should be directed to, and its sense declared upon, the

subject of those pretensions, which have generated A NEW CONSTITUTIONAL

QUESTION, and are now carried to an height to affect the supreme

Sovereignty of the State. To discuss those Rights and Pretensions at

large, would demand a far more extended space than the present occasion

can supply; but it would be altogether unnecessary to enter into a more

enlarged discussion; because, in order to obtain the end here proposed,

of drawing and fixing the attention of Parliament and the Public upon

the subject, little more is required, than to bring those several Rights

and Pretensions into one compressed and distinct point of view; and to

leave it to the legislative wisdom to determine finally upon their

validity.

The rights of the East India Company, are usually distinguished into

their _temporary_ rights, and their _perpetual_ or _permanent_ rights.

I. The temporary rights of the Company are:

1. _A right to the exclusive trade with all the countries lying eastward

from the Cape of Good Hope to the Straits of Magellan._ This right is _a

lease_ of all the _public right_ to the trade of those parts of the

world; which lease has been renewed to the Company, from time to time,

in consideration of a varying premium to be paid by them to the Public.

2. _A right to administer the government and revenue of all the

territories in India acquired by them during their term in the

exclusive trade._ This is a right delegated from the Crown, with the

assent of Parliament; and which can be possessed by the Company no

longer, than the authority from which it emanates has, or shall

prescribe.

Upon the expiration of these temporary rights, which determine, as the

law at present stands, in the ensuing year, 1814, the East India Company

will remain in possession of whatever _permanent_ rights shall be found

to pertain to them.

II. The _perpetual_, or more properly, the _permanent_ rights of the

Company, must be considered under two distinct heads, viz. _admitted_

and _alleged_.

§ 1. The _admitted_ permanent rights are,

1. _To be a Body Politic and Corporate, with perpetual

succession._--This right has been confirmed by various succeeding

Charters and Statutes. But there are some observations, which it is

important to make upon this subject. The first Charter, granted by Queen

Elizabeth, in 1601, to the first or London East India Company, created

_both its corporate capacity and its exclusive privilege, to continue

for a term of fifteen years_; but it provided, that, in case it should

not prove beneficial to the Public, the _whole of the grant_ might at

any time be determined, upon two years notice given to the Company. The

succeeding Charters of James I. Charles II. James II. and William and

Mary, conferred, in the same manner, both the corporate capacity and the

exclusive privilege; and though they did not, like the former, fix a

term for their duration, yet they rendered the _whole grant_

determinable upon three years notice. No provision is introduced into

any of these Charters, to make the corporate capacity outlast the

exclusive trade. When the principle of "_a more national, general and

extensive trade to India_," declared in the Charter of the 5th of

William and Mary, had been followed by the measure of creating a General

Society of Merchants, and of erecting _a New Company_, the advocates for

that measure took particular care to show, "That the Old Company, in

reciting their Charters, had _forgot_ to mention the _provisos_ therein,

viz. that the respective Kings of England, who granted them, reserved a

discretionary power to _make them void_ on three years warning[9]." This

observation did not apply to their exclusive privilege only, but

extended equally to their corporate capacity; both being determinable by

the same warning, because both were derived from the same grant, the

whole of which grant was made liable to that determination,

notwithstanding their corporate capacity was to enjoy "_perpetual

succession_." Hence it is manifest, that the perpetuity conferred by the

Charter was not perpetuity of exclusive trade, or political power, but

of _corporate succession_. But perpetual succession in a body corporate,

does not imply perpetuity of duration, but merely _uninterrupted_

succession of the individuals who compose it; which every corporate body

must possess, whatever may be the term of its duration, in order that it

may become, and may be able to perform the acts of, _a legal person_.

The Statute of 9 and 10, and the Charter of 10 William III. which

created _both the corporate capacity and the exclusive privilege_ of the

_New_, or English Company, followed the example of the former Charter,

granted to the _Old_ Company, and rendered the _whole grant_

determinable by the same process. But, in the 10th year of Queen Anne,

after the two Companies had become _United_, they represented the great

hazard they should encounter, by engaging in any considerable expenses

for securing _the Pepper Trade_, under the limitation of that clause; in

consequence of which representation the clause was repealed, and the

limitation was _left open_. The Company from thence inferred, that they

had acquired a perpetuity of duration, both for their corporate capacity

and their exclusive privilege; the continuance of _both_ of which had

ever been subjected to the same rule of determination. They soon,

however, became sensible that such could not be the true intention of

the Act, and they "submitted themselves to Parliament[10]" on the

subject; in consequence of which a limited term of exclusive trade was

assigned them, without any limitation being imposed upon the _negative_

perpetuity of duration, which they had acquired for their Corporation by

the repeal of the determining clause. But it was not till the year 1730,

the third year of the late King, that the Company obtained a true and

_positive_ perpetuity of duration for their Body Corporate; at which

time an Act was passed, empowering them to continue to trade to the East

Indies, as a Company of Merchants, although their exclusive right to the

trade, and their power of administering the government and revenues of

India, should be determined by Parliament. From that time only, the

Incorporation and the Exclusive Privilege become distinguished. The

distinctions here made will be found of material importance, in another

part of this statement.

2. _A right to acquire and possess lands, tenements, and property of

every kind; and to dispose of the same, under a Common Seal._--This

right was conferred by the Charter of the 10th of King William; but by

Stat. 3 G. 2. c. 14. § 14. the Company's estates _in Great Britain_ were

limited to the value of 10,000l. per annum. In virtue of this right, the

East India Company were empowered to settle "_factories and

plantations_," within the limits of their exclusive trade. The Charter

of William, indeed, adds also "_forts_," with the power of "_ruling,

ordering, and governing them_;" but that this privilege cannot attach

upon their corporate and _permanent_ capacity, will presently be made to

appear. Fortresses and fortifications cannot, from their nature and use,

become absolute private property; being part of the public defences of

the Empire, they are (to speak with Lord Hale) "_affected with a public

interest_, and therefore _cease to be juris privati only_[11]." The

building a fort is an act done, in its nature, by virtue of a sovereign

authority, and is therefore the dereliction of the private right of

property for a public and general purpose. In asserting for the Company

a _private_ right to forts and fortifications, the Company's advocates

have therefore fallen into an extreme error, from not discriminating

between the rights which necessarily belong to their _delegated

sovereignty_, and those which can alone be annexed to their _commercial

corporation_. And this brings us to the consideration of

§ 2. The _alleged_ permanent rights of the Company, which require to be

considered under _two_ descriptions, viz. rights _alleged for them_ at

the expiration of their last exclusive Charter, and rights _alleged by

them_ at the present moment, with a view to the renewal of their present

Charter. _These_ are the rights, or more properly the pretensions, which

have been pronounced by GRACCHUS, "absolutely unmaintainable, and

incompatible with the freedom of British subjects;" and not their true

legitimate rights, as the writer of a letter under the signature of

PROBUS has chosen to assume.

The rights _alleged for them_ were these:--

1. _A right to possess in perpetuity certain extensive territories and

seaports in India, after their right to the exclusive trade with those

places shall cease._ In consequence of different ancient Charters,

granting to the Company an exclusive trade, together with certain powers

of Government, they have acquired, and actually possess, various

islands, seaports, forts, factories, settlements, districts, and

territories in India, together with the island of St. Helena; either by

grants from the Crown, by conquest, purchase, or by grants from the

native powers in India. The nature and extent of their property in these

several possessions, is an important public question. By grants from the

Crown to the original or London Company, and by conveyance from that

Company, they possess St. Helena and Bombay. By purchase, conquest, or

by Indian grants, they possess Calcutta and Fort William, Madras, and

Fort St. George, and various other important seats of trade; of all of

which, for a long course of time; they have enjoyed the exclusive

benefit.

With respect to the first of these; it is evident, that the Old Company

could only convey the places which they held of the Crown as they

themselves held them, and subject to the same principles of policy and

state under which they themselves had received them. The Grants of

Charles II., which conceded Bombay and St. Helena to the first Company,

refer to the Charter of the 13th of the same reign, which Charter refers

to, and confirms the preceding Charters of Elizabeth and James I.,

making them _the ground_ of the Grants. The Charter of Elizabeth

declares its principle to be, "the tendering the honour of the nation,

the wealth of the people, the increase of navigation, the advancement of

lawful traffic, and the benefit of the Commonwealth." The principle

declared in the Charter of James I. is, "that it will be a very great

honour, and in many respects profitable, to THE CROWN and THE

COMMONWEALTH." By a reference to, and confirmation of, these several

Charters, in the Charter of Charles II., and in the grants of St. Helena

and Bombay, these principles are virtually adopted; the _end and

purpose of the Grants_ is declared; and their ground is proclaimed to

be, the honour of the British Crown, and the welfare of the British

Nation. It was those great _public interests_, and not the _separate

interests_ of the Company, that the Crown had in view, in conceding the

property of those distant dependencies.

By grants from the native powers, the Company are in actual possession

of many extensive and valuable territories. The doctrine of the law of

England, in regard to the operation of these Grants, was distinctly and

officially declared in the Report of the Attorney-General Mr. Pratt, and

Solicitor-General Mr. Charles Yorke, in the year 1757, viz. That the

moment the _right of property_ vested in the Company by the Indian

Grants, the _right of sovereignty_ vested necessarily in the Crown of

England. "The property of the soil (said those eminent lawyers) vested

in the Company by the Indian Grants, _subject only_ to Your Majesty's

right of sovereignty over the settlements, and over the inhabitants as

British subjects; who carry with them Your Majesty's laws, wherever they

form colonies, and receive Your Majesty's protection by virtue of your

Royal Charters[12]." In considering this head of right, the case of

_the five Northern Circars_, to which the Company lay claim in their

Petition, demands a particular attention; because, the advocates of the

Company's pretensions are under a manifest error, with respect to their

tenure of those territories. They maintain, that the Circars are held by

the Company in perpetuity, under _a military service_, as tributaries to

the Indian Power or Powers by which they were originally ceded; and that

the Crown of England has no title to interfere, between them and their

supposed Indian Chief. This pretension renders it absolutely necessary,

to take a general view of the situation of the Company with respect to

the Circars.

In the year 1753, the French were in the confirmed possession of the

five Circars, together with the adjoining fort and dependencies of

Masulipatam; of all of which they declared themselves to have obtained

"_the complete sovereignty for ever_," by a grant from the Subah of the

Deccan, a Prince nominally dependent on the Imperial Crown of the Mogul.

"So that these territories (says Mr. Orme), rendered the French masters

of the greatest dominion, both in extent and value, that had ever been

possessed in Indostan by Europeans, not excepting the Portuguese when at

the height of their prosperity[13]." The establishment of the French

power in these important provinces, during the war between England and

France, excited the most serious alarm in the Company, by threatening

their settlements and possessions in Bengal; and called forth the

vigorous and splendid exertions of Lord Clive, who, in the year 1759,

sent a military force against Conflans, the French Commander, under the

command of Colonel Forde. That gallant Officer succeeded in defeating

the enemy in a pitched battle at Peddipore; and, pursuing him from one

extremity of the Circars to the other, terminated the campaign by the

capture of Masulipatam: and thus, by obliging the French to abandon the

Circars, the right of conquest was made good against the French. For it

is not necessary that every part of a conquered country should be

acquired by a separate victory, if the enemy is compelled to evacuate

his territory in consequence of any decisive operation; and the

retention of Masulipatam, was the evidence of the triumph of the British

arms over the French. That this was _the object_ of the campaign, is

distinctly shown in the declaration made by Lord Clive before the Select

Committee of the House of Commons, in the year 1772. Lord Clive stated

to the House, "That soon after his appointment of President of the

Company's affairs in Bengal, in 1758, he took into his most serious

consideration the situation of affairs upon the coast of Coromandel.

Monsieur Lally was arrived with such a force, as threatened not only

the destruction of all the settlements there, but of all the East India

Company's possessions. That he thought it was his duty to contribute his

mite towards the destruction of the French, and therefore projected _the

scheme of depriving the French of the Northern Circars_, contrary to the

inclination of his whole Council. That _this expedition succeeded

completely, for the French were totally driven out by_ Col. Forde, _with

the Company's troops_, whose conduct and gallantry upon that occasion

was equal, if not superior, to any thing that had happened during the

whole course of the war[14]." This evidence of Lord Clive proves, that

the scheme was _entirely military_, and that the success was _the

success of arms_. By the Treaty of Peace concluded at Paris in 1763,

(Art. 11,) "the Crown of France renounced all pretensions to those

territories," which thus devolved, by an indisputable right of conquest,

to the Crown of England. The Company, indeed, in the same year obtained

a grant of Masulipatam from the Subah of the Deccan, which they now set

forth in their Petition to Parliament: but yet, their most strenuous

advocates admit, that Masulipatam belongs to the Crown of England, _by

right of conquest over the French_[15]. And the same argument, that

proves a right of conquest to Masulipatam, proves also a similar right

to the Northern Circars.

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