In 1765, however, the Company being desirous of acquiring _the form of

an Indian title_ to the Circars, against the Subah, who might reclaim

them, negotiated for a grant of those provinces at Delhi, over the head

of the Subah; which grant they obtained. But the pretensions of the

Subah, who was close at hand, might disturb them in their attempts to

occupy the provinces; they therefore thought it _expedient_, to

temporize with the Subah, and to enter into a separate negotiation with

him, to induce him to surrender them; and they agreed to hold the

provinces of him also, under an engagement to supply him with a

contingent aid of _military force_, when called upon; and moreover, to

pay him annually a tribute in money. By thus confusing their titles

(which, instead of confirming, mutually defeated each other), they fully

demonstrated the inefficacy and impotency of the Mogul's grant, in the

present fallen state of that Empire. But the Company could only engage

themselves for _military service_, so far as they possessed the ability;

and their ability, is limited by the extent of their _military power_;

which, being a part of their _sovereign power_, must necessarily

determine with their sovereign capacity: as will be shown in the next

article. Whenever that capacity ceases, they will be unable to furnish a

single soldier, because they will be unable to raise a single soldier

for the defence of the provinces. In that event, the Crown must of

necessity interfere, to maintain and defend the territories; and then,

_the original cause_ which led to the acquirement of the Circars,

namely, the expulsion of the French _by force of arms_, and their

exclusion by _the influence of the same arms_ in the Treaty of 1763,

will be the true ground on which to rest _the question of right_: a

right in _the Crown of England_, which had existence, prior to _the

form_ of the Mogul's grant, and prior also to _the expedient_ of the

grant from the Subah. And here we must keep in mind, that all

territories possessed by the Company in India, by whatever means they

have been acquired, are necessarily incorporated into the British

Empire, and become subject to its Imperial Crown; conformably to the

resolution of the House of Commons, in the year 1773: "_That all

acquisitions made under the influence of a military force, or by treaty

with foreign Princes, do of right belong to the State._" And as the

whole fabric of BRITISH INDIA grew out of a principle of advancing _the

public welfare_, and was not an edifice raised merely for the separate

welfare of _the Company_, every private interest comprehended in that

fabric is, by every acknowledged maxim of State, public right, and

consistency, subordinate; and must be determined by the security of the

public good.

2. _A right to retain in perpetuity certain essential rights of

sovereignty, after the present delegated sovereignty of the Company

shall have reverted to the Crown._--Although this pretension is a

contradiction in terms, yet the assertors of it entertained no doubts of

its reality. They claimed for the Company, in their permanent capacity

of a trading body corporate, a right "_to appoint governors, to build

and maintain forts, to muster forces by sea and land, to coin money, and

to erect Courts of Judicature_[16]," even after they shall have lost

their power of administering the Government of India; and this claim is

renewed for the Company at the present day[17]. There is in this

pretension so radical an ignorance of _the nature of sovereignty_, that

it is inconceivable how it could have been entertained by any one, who

had ever given a thought to the subject of law or government. The powers

here enumerated, are essential prerogatives of sovereignty; which may

indeed be delegated for a time by authority of Parliament, but can never

be granted in full property by the Crown. In order to appoint governors,

it is first necessary to be invested with the power of government. The

same power is manifestly necessary, in order to be able _legally to

raise or muster any force by sea or land_, either for defence, or for

any other military service. And it is acknowledged, that _the power of

government_ has never been granted to the East India Company, _but with

limitation_. In the grants of Bombay and St. Helena, the Company is

certainly empowered to erect forts, and to raise and employ forces; but

by the same grants they are invested with the powers of Captain General

in order to that end; virtually in the first, and _expressly_ in the

second. Will it be imagined, that they are to retain the authority of

_Captain General_, after their powers of _government_ shall cease? And

if not, it must be evident, that their authority over forts, and all

their military power, must determine, whenever their delegated power of

Captain General shall determine. It would be an insult to any reader,

who has ever cast his eye even on the elementary Commentaries of Sir

William Blackstone, to insist upon a truth so obvious and simple. With

regard to the _erecting of Courts_, no such power is given in any of the

Charters produced in evidence. The Crown erects the Court, and the power

granted to the Company is, and necessarily must be, limited and

subordinate. The _true cause_ of that extraordinary error, is plainly

this: the Charters of King William and Queen Anne, upon which they rest

these pretensions, conferred at one and the same time (as has been

already observed), both their corporate capacity and their exclusive

privilege. The assertors of those _permanent sovereign rights_, not

discriminating, by the principles of things, between the several powers

conferred in those Charters, have confused the provisions; and have

construed all the powers above enumerated, which by their nature could

only appertain to them as _delegated Sovereigns_, to belong to their

capacity of an _incorporated Company_. And, under this illusion, they

have imagined, that those powers are annexed to that perpetuity of their

corporate body which was first enacted in 1730, and confirmed in the 33d

year of the present reign; and that they do not constitute a part of

those powers of government, which have been conferred upon them, from

time to time, by their exclusive Charters. As this construction is

entirely arbitrary on the part of the Company, and as it is unsupported

by the principles either of law or sound reason, it will be best refuted

by the authority of Parliament.

3. _A right to exclude all British subjects from the Company's Indian

ports, after their own exclusive privilege shall be expired._--This

right has been claimed in the following words:--"Although their

exclusive right to the trade, and their power of administering the

government and revenues of India, were to be determined, they would

still remain an incorporated Company _in perpetuity_, with the

_exclusive_ property and _possession_ of Calcutta and Fort William,

Madras and Fort St. George, Bombay, Bencoolen, and St. Helena, and

various other estates and settlements in India. Whether, in the event of

the sole trade being determined, individuals would be able to carry on a

successful trade to India, _if the Company were to debar them the use of

their ports and factories_, may require a serious consideration[18]."

This is a claim, not only to a _practical_ exclusive trade, after the

right to exclusive trade _expressly granted_ by Parliament shall cease

and determine, but involves also claims of perpetual sovereignty. It is

incomprehensible, how it could be alleged by a writer who, in the

preceding page, had pointedly excepted from their powers, that of

converting the trade into "a _mischievous_ monopoly[19];" for, what more

_mischievous_ form could monopoly, or an hostile sovereignty, assume,

than that of excluding all British individuals from the chief ports and

seats of trade in India? By this alleged right, the grants of Charters

and the provisions of Parliament would be reduced to an absurdity. But

as this is a claim of _private right_ to cause a _public wrong_, it

cannot fail particularly to engage the consideration of Parliament.

The rights _alleged by the Company_ at the present day, are these:--

1. _A right to all the ports and territories in India, possessed by the

Company, of the same kind and extent as the right by which they hold

their freeholds in London._--This right has been solemnly asserted for

the Company, by the Chairman and Deputy Chairman of the Court of

Directors, in these words:--"The Company are AS MUCH owners of THE CHIEF

SEATS of European trade in the Indian Empire, as they are of THEIR

FREEHOLDS IN LONDON[20]." This is an open and unreserved declaration of

the East India Company, renewing and asserting the preceding allegations

made on their behalf at the expiration of their last exclusive Charter;

and the same allegation is now repeated in their Petition to Parliament,

though in terms somewhat more qualified than those which they addressed

to the Government; viz. "that _no person_ can have a right, except with

the consent of the proprietors of India stock, _to use the seats of

trade_ which the stockholders _have acquired_." But they must bring an

oblivion over all the reasons of state and policy by which _they exist

at all_, before they can carry in the face of the nation the proud

assertion, that they stand equally circumstanced, in regard of _private

right_, with respect to "_the chief seats of European commerce in the

Indian Empire_," and with respect to "_their freeholds in London_." They

will assuredly be told by Parliament, that they _may not_ exercise the

same arbitrary authority over the chief seats of Indian commerce, which

they may over their freeholds in London. With regard to their freeholds

in London, they may exclude all persons from entering them, they may

desert them themselves, or they may let them fall to ruin. But it is NOT

SO with regard to the chief seats of Indian commerce; they will find,

that they cannot arbitrarily exclude British subjects from those seats,

beyond a limited time; that they cannot _debar_ the nation the

beneficial use of them; and that they will not be suffered to render

them unavailable, or unprofitable. As soon as the India Trade shall be

thrown open, the ports of India will necessarily become open; and, if

the Company should then search for _their private right to close them_,

they will find, that it is merged in _the public right to use them_; or,

to use the words of Lord Hale, that "their _jus privatum_ is clothed and

superinduced with a _jus publicum_[21]."

2. The last right _alleged by the Company_ at the present crisis, which

forms the CLIMAX of their pretensions, and is the _key_ to all their

late proceedings, is that of a _perpetual union and incorporation with

the Supreme Government of the Indian Empire_; so that the Indian trade

and government must ever continue to be united _in them_, and cannot now

be separated, without endangering "_the British Empire in India, and the

British Constitution at home_." This pretension renders the question of

a _temporary_ exclusive trade entirely nugatory, because it is the

unqualified assertion of a _perpetual_ one; not to be received any more

as _a grant_ from Parliament, as hitherto it has been, but to be

extorted from Parliament through fear of the subversion of Parliament.

This pretension is founded upon the Company's interpretation of an

observation, made by a late eminent Minister to the Managers of the

Company's affairs, in the year 1800; viz. that "_the Government and the

trade of India are now so interwoven together_," as to establish an

indissoluble "_connexion of government and trade_." This _dictum_, is

assumed by the Company for an incontestable maxim of State, _as

applicable to their own Corporation_; and for an eternal principle,

connecting that Body Corporate with all future Indian Government. This

they denominate, "THE SYSTEM, _by which the relations between Great

Britain and the East Indies are now regulated_;" and, in their sanguine

hopes of gaining _perpetuity_ for their _system_, they already

congratulate themselves upon their Incorporation into the Sovereignty,

as a NEW, and FOURTH ESTATE of the Empire.

It is that maxim, evidently embraced for this construction at the

present crisis, that has emboldened the conductors of the Company's

concerns to assume so lofty a demeanour towards the King's servants; and

to venture to represent the cautious proceedings of Government in a

great political question (in which it appears only as _a moderator_

between two conflicting interests), to be an aggression against their

indisputable rights. It has been asked in the Court of Proprietors,

"whether the Ministers of the present day are become so far exalted

above their predecessors, or the Company so newly fallen, that adequate

communications should not be made to the latter, of the plans and

intentions of the former?" It is neither the one nor the other; but it

is, that _the Company_ are become so elated and intoxicated by the

ambitious expectation of being incorporated as a perpetual Member of the

Supreme Government, that they conceive they have no longer any measures

to keep with the Ministers of the Crown.

And can the British people _now_ fail to open their eyes, and to discern

the strait to which the ancient crown and realm of England would be

reduced, by submitting to acknowledge this _new estate_ in the Empire?

Greatly as it would be to be lamented that any thing should disturb the

present internal tranquillity of our political system, yet, if such

should be the necessary result of a resistance to the ambitious views of

the East India Company, it ought to be manfully and cheerfully

encountered; rather than admit, by a temporizing concession, a claim

which shall bend PARLIAMENT to the will of, and degrade THE CROWN to an

alliance with, a Company of its own subjects; which owes its recent

existence to the charters of the Crown, and the enactments of

Parliament, and yet aspires to seat itself for ever, side by side, by

its own supreme Government.

The Company have carried too far their confidence in the _constitutional

defence_ by which they hoped to ride in triumph over the Executive

Government. Their exorbitant pretensions have bred a _new constitutional

question_, to which the public mind is now turning. In their solicitude

to fortify themselves with _constitutional jealousies_, they have

constructed a formidable fortress, which threatens to embarrass the

Citadel of the State, and must therefore of necessity awaken its

jealousy. A change in the Administration of the Indian Government

(should the Company finally provoke such a change), _need not

necessarily_ throw the patronage of India into the hands of the Crown;

means are to be found, by which that political and constitutional evil

may be effectually guarded against. But if, through a precipitate

assumption, that no such adequate substitute can be provided for the

present system, Parliament should, at this critical moment, unguardedly

yield to the demands of the Company, and give its sanction to their

claims to a _perpetuity_ of those privileges which they have hitherto

been contented to receive _with limitation_, what difficulties would it

not entail upon its own future proceedings? If the _corporate

sovereignty_ of the Company is once absolutely _engrafted_ upon _the

Sovereignty of the State_, it cannot be extracted without lacerating the

ancient stock, and convulsing the general system.

The Company would have done wisely, if, instead of resting their case

upon pretensions erroneous in fact, inadmissible in law, and derogatory

of the authority addressed, they had rested it wholly upon their own

endeavours to promote the original purpose of their incorporation:

namely, _the honour of the Crown_, and _the advantage of the

commonwealth_. Upon that ground the Company might have stood strong; and

all that would then have remained for the consideration of Parliament,

would have been a question, how those great interests could, under

existing circumstances, be best advanced; either by continuing the

present arrangement without alteration, or by modifying it in such

particulars, as Parliament in its wisdom might judge to be necessary.

But instead of this, they have taken ground upon high pretensions of

RIGHT, which must necessarily provoke investigation; and we have

discovered, in the foregoing inquiry, how far those pretensions are

supported.

The determination of this great question, however, is now reserved for

Parliament; and, upon the wisdom of Parliament, the Country may with

confidence rely, for a full consideration of all the public rights,

commercial as well as political; and likewise, for the final adoption of

such an arrangement for the government and trade of India, as shall

appear to be the best calculated to advance the real interests, and to

promote the general prosperity of the Empire, both in the East and West.

GRACCHUS.

THE END.

FOOTNOTES:

[9] Anderson's Hist. of Commerce (1698), vol. ii. p. 221, fol.

[10] A Short Hist. of the East India Company, p. 6.

[11] De Portibus Maris, p. 2. c. 6. p. 77.

[12] Short Hist. of East India Company, p. 11.

[13] History of Indostan, vol. i. p. 335.

[14] Journals of the House of Commons, vol. xxxiii. p. 811.

[15] Short Hist. of the East India Company.

[16] Short Hist. of the East India Company, p. 56.

[17] Morning Post, Jan. 15, 1813, Letter, signed Probus.

[18] Short History of the East India Company, p. 38.

[19] Ibid. p. 37.

[20] Letter to Lord Buckinghamshire, Dec. 30, 1812.

[21] De Portibus Maris, p. 2. c. 7. p. 84.

S. Gosnell, Printer, Little Queen Street, London.

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