\TfcO Thoughts on the Treaty Now ; \gltat-- tv/een Qov ernment and the ^as -ny. . . By 'tchell UNIVERSITY OF CALIFORNIA AT LOS ANGELES THOUGHTS O N T H E TREATY NOW AGITATING BETWEEN GOVERNMENT AND THE EAST INDIA COMPANY, SHEWING THE CONCEIVED DEFECTS OF THE PROPOSITIONS DRAWN UP BY THE COURT OF DIRECTORS; AND CONTAINING ANEW SET OF'PJROPOSITIONS, PERHAPS MORE ADVANTAGEOUS TO THE PUBLIC, TO THE EAST INDIA COMPANY^, AND THE OPPRESSED INHABITANTS OF HINDOSTAN, BY ARCHIBALD MITCHELL, LATE MAJOR OF ENGINEERS, BELONGING TO THE ESTABLISHMENT OF FORT ST. GEORGf- JUSTUM ET TENACEM PROPOSITI VIR.UM, NON CIVIUM ARDOR PRAVA JUBENTIUM NON VULTUS INSTANTIS TYRANNI MENTE qUATlf SOLIDA. H X. LONDON: PRINTED FOR THE AUTHOR, AND SOLD BY JOHN DONALDSON, CORNER OF ARUNDEL STREET, STRAND; AND BY THE AUTHOR, NO. 23, BERNERS STREET, OXFORD STREET. M DCC LXXX. . B. The Purchafers are requefted to leave their Names, at the Place where they buy this Pamphlet ^ as Mr. Mix c HELL wifhes to know who the Gentlemen are that do him the honour to perufe this his maiden Eflay*. ENTERED IN STATIONERS HALL* ACCORDING TO- ACT OF PARLIAMENT. TO THE PARLIAMENT OF GREAT BRITAIN, HIS MAJESTY'S MINISTERS, THE COURT OF DIRECTORS OF THE EAST INDIA COMPANY^ THE PROPRIETORS OF EAST INDIA STOCK, AND THE PUBLIC AT LARGE, MY LORDS AND GENTLEMEN, THE FOLLOWING ESSAY, ON A MOST IMPORTANT NATIONAL SUBJECT., i s, WITH GREAT DEFERENCE AND RESPECT, HUMBLY SUBMITTED TO YOUR CONSIDERATION, B Y YOUR VERY OBEDIENT HUMBLE SERVANT, ARCHIBALD MITCHELL, BERNERS STREET, No. 23, FEB. 18, 1780, 3549 frr T H O U G H T S O N T H E T R E A T Y, & c . AS the proper and final adjuftment of the negotiation, now carry ingon between Adminiftration and the Court of Directors, is of the utmoft magnitude and national importance, and may be faid to be the Magna Ckarta of the Eaft India Company, upon which it's future profperity, nay it's very exiftence, in- tirely depends, as well as a very capital fource of future riches and aggrandize- ment to the Britim nation ; it therefore moft emphatically calls for the utmoft /exertions of political fagacity, wifdom, fore fight, and circumfpection, fo to frame and arrange thofe preliminaries which are to form the bafis of this im- portant treaty* and of the new charter, as may moft effectually fecure the future profperity, both political and commercial, of the Eaft India Company : and be moreover calculated to fecure, and to fofter, with parental care, thofe rich and extenfive pofleflions acquired by the Company, affifted by national force in the eaft ; which, if well managed, may be made productive of unbounded additions of wealth, influence and power to the Britim empire* To anfwer the above purpofes> the Court of Directors, with an apparent degree of candour, and attention to the interefts of their conftituents, which does them the greateft honour, have brought forward to the view and decifion of the Proprietors at large, a fet of Proportions, framed and recommended by them, as a proper bafis of agreement between the Public and the Company, and refulting from difcuffions between them and his Majcfty's Chancellor of the Exchequer. My bufinefs mall be to examine, with all the accuracy of which I am capa- ble, and with perfect impartiality, the merit and tendency of thofe proportions ; in doing which, I lhall proceed in the following order. B I (hall ( 6 ) I /hall firft examine the fundamental principles, upon which the propofitions appear to have been framed. SECONDLY, I (hall endeavour to mow, how far the fuperftrufture, contained In thofe propofitions, does correipond with, and, ought to, have refulted from, that foundation ; moreerpecially in regard to the following particulars, which- J apprehend to be the leading features of the whole. FIRST, The propofed duration of the new charter* / SECONDLY, The mode laid down for a participation of territorial revenue. THIRDLY, The degree of excitative controul and management, propofed to> t>e veiled in the Company, independent of Government. LASTLY, As I expect to be able to make it clearly appear, that howevsr good the foundation, the whole of the fuperftructure is little elfe befides a mafs of incongruity, difproportion and injuftice ; in fhort, a mere caftle in the air, equally devoid of folidity and duration. I mall therefore prefume to propofe a new fet of propofitions, founded, I hope, on a more lading bafis, and con- ftrufted upon a more durable, liberal and equitable fyftem. Such a one a*,. I flatter myfelf, will be found to be well calculated to promote, in a much fa- perior degree, the lading .profperity of our new acquisitions in India, and the concomitant aggrandizement of the Britifli Empire, and of the Ead India Com- pany: Between whom, I have the prefumpjtion to interpofe myfel and to ak- fume the character and office of an impartial mids-man. I begin, as I- propofed, by dating what 1 conceive to be the two leading principles, implied, though not expreiled, upon which the proportions appe:ir to have been juftly founded.. FIRST, That in confideration of a renewal of charter, and a continuance of the exclufive monopoly of India Commerce, for a ftipulated term, it was rea* fonable, and had been cudomary, that an adequate compenfation mould be paid by the Company to the public. SECONDLY, ( 7 ) SECONDLY, That, as the natron claims a right, upon the expiration of the Compan)'? prefent charter, and afcer liquidating the debt due by the public to the Company, to afiume the property and pofic/Iion of the territories, now held by the latter, in India j it would therefore be for the intereft of the Corn- pan), to purchafe, by an equivalent compenfation, a fufpenfion of that claim, during the continuance of the propofed Charter, by admitting the public to a certain Participation of the Revenues arrfmg from thofe Poffeffions. In regard to the Firft, I conceive, that the Million, to be depofited by fher Company in the hands of Government, as contained in the fecond propofition^ and to remain there without intercft, which lefbmate to be equal to an annual gratuity of 50,000!. from the Company to the Public, is nothing more than a reafonable, }uft, and moderate compenfation to the nation, for the injury done to the merchants in general of Grtat Britain, by excluding them from the ad- vantages of a free trade with India, in favour ol the Company As to the Second, I am alfo decided in my opinion; that it is' fdtmded on the cleared principles of juftice and equity. For, is there not a ftriking fimi- litude, in the Company's pad tenure, to the fituation and rights of a tenant on leafe ? If fuch a tenant, in confideration of certain advantages to arife to him, within the duration of his leafe, and perhaps in contemplation, of procuring a revenual of that leafr, on moderate terms, choofes, at his own risk, and without making any previous agreement with his fuperior, to lay out money in building, in inclofing and cultivating commons^ I belfeve that luch inciofures would, at the expiration of that leaie, become the property of the fuperior. R is the fame in refped: to leafe-hold houfes. Now I regard India, in it's prefent ftate of poli- tical anarchy, in the light of an immenfe common. If then the Company, at the hazard of involving the nation in war, and of their own ruin, has prefumed to pofiefs itfelf of, and to inclofe, fome part of this common, furely the ftate, from whence that Company derived it's very exiftence, and exclufive eftablifh- ment in India-, and^who, (in refpecl: to thofe feodal poffefllons acquired by the Company there) may be regarded, as having neceflanly become the lord of ' thofe manors, Cthere being now, in truth and reality, no fovereign actually xifting over the Empire of HindoftanJ and being fo regarded, it appears to my ( 8 ) *ny conception, (for I do not pretend to determine how it is according to ftrict legal decifion) that the flate has a right, in equity, and by prefcription, per. haps by law too, to an afiumption of property fo acquired, as foon as the reci- procal obligations included in the Company's former leafe, are mutually acquit- ted and expired. When I fay this, I do not affirm any thing, but only give an opinion , and honeflly confefs, that the light in which I have dated this claim of right, is the ftrongeft in which I conceive it can be dated ; and much dronger than any inference I mean to draw from it, in favour of the Public, does require. On the contrary, wilhing to abftract this quedion from, the chicane and ambigu- ity that ingenious lawyers may throw upon it, and to bring the contefl to an ami- cable compromife, I am willing to allow, that the matter of right, in pure equity, precifely equiponderates, between the Public and the Company. If this deci- fion be fubmirted to, it mult necefiarily follow, that an equal participation of revenue, and an equal mare of management too, fo far as that revenue is con- cerned, ought to refult from fuch an adjuftmenr, We fiiall fee, by and by, how far the propofitions now before the Proprietors, correfpond with the fore- going decifion ; and by that criterion we mail judge of their propriety. Having thus explained the two fundamental Propofitions, or Corner- ft ones, of the Treaty now agitating, refpecting the grand object of Trade and Re- venue, I fhall now proceed to confider the Plan brought forward by the Direc- tors j and fhall treat of it in the order already laid down. In regard to the Firft Head of Difcufiion, namely, " tfa .propofed Duration of the New Charter" I underftand that t'-e principal reafons .affigned by the fyli- nifters, in favour of a Short Term, are, The Magnitude of the Company's Do- minions ; their prefent critical and fluctuating date ; the impoffibility of fore- feeing, and confequently of forming an effectual barrier, againft every Future Abufe and Contingency, in the Management of them j and the Neceffity, re- fulting from thofe combined confiderations, of Subjecting that Management to the frequent Controul and Correction of Parliament. Theie .Objections to a Charter of long Duration, are certainly not without foundation : but if it can be fhown, and I think it may, that they may be otherwife obviated j and that the very Short Term propofed to be granted to the Company, in confluence of ( 9 ) ef them, (judgmg of the future by the parr.) will, in all probability, invoke the" Ruin, and perhaps the Lofs of thole Settlements ; the Impropriety and Fatal Tendency of fuch a Mealure, will appear evident : When, I fay, that fo very Short and Precarious a Tenure will prove ruinous to our b.ailern Colonies, I do not draw that cone lufion from -theory or conjn ; with attention, not only to the outward texture of your reafoning, .'* but to the inward fprings alfo, by which you are actuated. I have endeavoured " to .pry into the very bottom of your fouls ; and this is the refult of my inqueft : " As for you, Gentlemen of the Direction, you have fpoke with fo much " fimplicity and plainnefs of fpeech,that it is impofiible to miftake your mean- " ing : Your arguments, therefore, as well as your motives, require no com- 44 ment : they are both fufficiently obvious. " In regard to your Lordfliip, while I admire the dignity and difinterefted- '' nefs of your profeffions, I am forry that I do not find myfelf juftificd in pay- " ing the fame compliment to your abilities, on the prefent occafion : I would *' rather wifli to iuppofe, and I think it moft probable, that the formation of " this crude, inadequate, and ill-digefted plan, has been the work of others, 14 more than of your Lord (hip : I have already pointed out the bad policy, and " the ruinous conlequences, refulting from the very (hort term, propofed for the J " duration of the Company's charter. I have alfo, I conceive, fufficiently '" brought to light the enormity of your Lord (hip's demand, in regard to the *' Quantum of participation required for the public : The mode propofed, " for obtaining that quantum, is equally exceptionable, but I defer the confi- " deration of that matter for the prefent, and proceed to (hew, that the de- " gree of management, and direction, claimed by you, in behalf of the * c public, falls as much (hort of that extent and efficacy of controul which is J "- their due, as their propofed proportion of revenue exceeds that due. I l< have already exprefied my conviction that the eight per cent, demanded for the Public, before the Company can receive any /hare of the Revenue, " is ( 15 ) ** is more than that Revenue will ever be brought to produce, in the i'y&. rights and privileges, and of. withstanding all the affaults, which the enemies of- the, Company, or of the State, can unitedly bring againft ir. I found my building on the following preliminary Pfopofitions, by way of bafis. ; FIRST. That the Company have an undoubted claim to the continuance of all their charter rights and privileges, fo far as they relate to trade. SECOND. That the longer the duration that is given to thir new charter, (fb far as it can be done confiftent with the fafety and advantage of the ftate) the greater ( 17 ) greater degree of permanence, (lability and profperity will accrue to the Com- pany, and to their pofieffions, and proportionable advantages will refult to the State. THIRDLY. That it is juft and reafonable, and has ever been cuftomary, that -an adequate confideration fhould be paid to government, for a renewal of charter^ and the continuance of the Company's exclufive trade. FOURTHLY. That it will be for the mutual interefl of the Company, and'of the State, more efpecially in the prefent criiis of Public affairs, to fettle ami- cably the queftion of territorial right, and to agree to an equal participation of revenue, or e-/tn, if infilled on, to a -total ceffion of right to the Company, on -condition of i'uch perpetual participation. FIFTHLY. That fuch a mode of participation, as fhall appear to be the moft -fimple, leaii liable to litigation and abufe, and beft calculated to promote ceco- nomy and good management, in the colkdion and appropriation of the reve- nue.s, is the mod proper to be adopted. ' SIXTHLY. That a partkipa r ran of management, fo far as relates to territory, Ihcukl alib take place between the Public an-d the Company, as the moft equitable and beft kCcirity, f^r the prelervauon and improvement of thejoint inrerefts of both. Upon thefe, as eftablifhed preliminaries, I build the following leading pro-, pofitions, as the bafis of an agreement between Government and the Company. PROPOSI TIO N s. FIRST, That all the Company's Charter Rights and Privileges, fo far as th) regard trade, mall be prefervtrd to them irftire, and their exclufive trade pro- longed for the term of Thirty Tears, bcfides the three years notice to be given. SECOND, That in -confideraron of the above, the Eafl India Company friall advance and pay into his Majefty's Exchequer, for the ufe of the Public, One E Million Million anfca Half- of pounds fterling, without intercft, at fuch times-, and', in- fuch proportions as (hall be. agreed upon. That,. provided their, territories con- tinue in their pofkiTion, and their dividends upon their capital amount to twelve per cent, at the end of fifteen years, they (hall in that cafe, pay to Go- vernment, as above, a farther million ,of pounds fterlingj for the remaining fifteen years of. their Charter. THIRDLY. That the adminiftration of the Company's affairs mall come under, the iofpection, controul and correction of Parliament,, orure every thux-e years. FOURTHLY. That an equal participation of the territorial revenue, fliall commence between the Public and the Company, upon the following principle^ viz. That three fifths of the grofs revenues are, or.ought to be, equal to all . the expences of collection, and of. the civil and military eftablifhmenrs, of. the territories in India. That, therefore one fifth, of the grofs revenues, or 45. in the pound land tax* , be annually paid into the hands of an angent for the Public, to be ftationed al each of the Company's fettlements, who is to have a feat in the Council of fuch fettlement. The faid fifth to be lent to the Governor and Council of that fettlement, in behalf of the Company, in order to be vefted in the commodities of the country, and. in thit dupe, .tranfported .to Britain: To be repaid to Government here, at an exchange hereafter to be fettled. The remaining fifth to be the property of the Company. FIFTH. That fix. of .the twenty four Directors be always in the nomination of the Crown. . SIXTH. That the fix Crown Direftors mall not be fubjected to the qualifi- cations, in point of poflcfijon of (lock, now.fub.lfting in- regard to ^eligibility., but may cither be Proprietors or .not, as his Majcfty fhall .think fit. SEVENTH, That the expence of military fuccours, fent at any time by Govern- ment to India, foaU be defrayed, jointly and equally, by the Public and the Company. SEVENTH, That EIGHTH, That the Secretary of State for the Colon if s, (who, tho* the pre*- fent war Miniiter, Mr Burke, with a degree of truth and modefty, confpicuous on that fide of the Houfe of Commons, has ft i led to be the pofTcfTor of a fine- cure office) fhall have fomething actually to do, by being appointed Secretary of State for the Eaft India Colonies alfo, and fhall fie as a Director, whenever he chufes to attend. That no orders or inftructions, relative to territorial Govern- ment, or revenue, to the military, to negotiation, or to War or Peace, fhall be' tranfcnicted to India, without his previous concurrence and confent ; and all com- munications, received from India, oh thofe- fubpcts, fhall be immediarely tranf- mitted to him. That the faid Secretary of State, fhall nominate a Sub-fecretaryv for the peculiar management, under him, of the Eaft India department-, which under Secretary shall alwavs be one of the fix Directors, nominated by Government, and ihall not be liable to go out at the end of four years. NINTH, That to give the prefent Directors time to conclude, as they have* carried on the prefent treaty, they be continued in the direction for one year longer, without change, unlefs that the youngeft of the fix Directors, who would have gone out by rotation, do go out> to make t room for the Sub* fecretary of the Secretary of State. TXNTH, That in confideration of the great'additional weight of bufinefs, lately incurred by the Court of Directors, an increafe of falary do take place, ir fome proportion to the fatigue and importance of their ftation ; namely, that the Chairman have an annual falary of loool. the Deputy Chairman 750!. and each of the Directors 500!, ELEVENTH, That to prevent the inconvenitnciesof a too frequent fluctuation of men and meafures, in the management of the Company's affairs, the Chairman and Deputy do continue to enjoy thofe Places, as long as Two Thirds of the Proprietors fhall give their voice for the fame v nor fhall any Director go our; as long as Two Thirds of the Proprietors continue to vote for his Remaining. TWELFTH, That to fecure the conftant attendance of the Directors, to the difcharge of their important trnft, there be, at the leaO, three court days in the week,. ( 20 ) -week, all the year round : That for each day's abfence of the Chairman, whe- ther from illnefs or otherwife, he be liable to a ftoppage of 5!. the Deputy of 3!. and each of the Directors, of 2!. THIRTEENTH, That no perfon be chofen Director, who is engaged in any .active fcene of bufmeis. FOURTEENTH, That in confideration of the powerful military force, under the Company's orders, there be never lefs nor marc than two military Gentlemen be- ponging to the direction. FIFTEENTH, That, for a Similar reafcn, there be never lefs nor mcre^ than :fbur retired Captains of Indiamen, in the direction. SIXTEENTH, That there be conftantly in the direction, at leaft one gentlc- jman, returned from each cf the Company's Settlements in India. SEVENTEENTH, That the fix Crown Directors be always Members of the Committee of Correfpondcnce. EIGHTEENTH, That fome effectual mode be adopted, for preventing the ra- pid acquifitions of fortunes, by their krvants in India, r.t the ^xpence of the Company, their territories, and allies. NINETEENTH, That fome reafonable mode of permitting the Servants of the Company, to remit moderate fortunes to Kngland, through the channel of the Company, be found out, in order to prevent indirect remittances, and fuch as -arc injurious to the intertft ot the Company. TWENTIETH, That a greater degree of credit be given, in point of borrow- ing money, in moments of extreme exigency, to the governors and councils of ^ the different Settlements, fo as not to diflrcfs the Company at home. TWENTY FIRST, That \\\e privilege tonnage, allowed the captains, and officers of Indiamen, be greatly curtailed j and an exprefs prohibition given to their inveft* ing any m^ney in the conrno^itifs of India, in their returning voyages: In 7 compenlatiou l^r this, an IB c real-- or wagrs to be paid them, and a j/ermiiiion given ch- .11, of p^ng in the prouuce ot their outward bouad inveftmenti, into tiie Company's calri in India. TWENTY SECOND, That in order toohtain the unconfirmed afTiftance of many- Gcntkmen of great ability now in this country, and returned from India, in framing a fee of confticutions for the better government of the territories in India, a gene- ral act of re mffion and oblivion take place, in regard to all paft offences and mifdemeanours, committed by any of the Company's Servants, which (hall not be at this prelent time under legal difcufllon. LASTLY, That a Committee of Proprietors 'to be nominated jointly, as hereafter fpecined by the Minifter and the Court of Directors) be appointed, and authorifed ' to join in confukation with the Court of Directors, for the purpofe of altering, amending, and enlarging the proportions now before the Court; fo as to bring them to corref pond more perfectly with the fenfe of the Proprietary at large 5 and to remove ;as tar as is confifteat with the Company's rJ,glits) fjuch obftruc- tions, as may impede, or prevent the final concurrence -of Admmiitrarion, and ef Parliament. The Committee to be chofen in manner following, viz. Such Proprietors as may be willing to become Members of this Committee, to fend in their names, within three days, to the Company's Secretary. From the names thus given in, the Court of Directors to nominate Twelve,. and his Majefty's Chancellor of the Exchequer the fame number, which, with the Twenty- four Directors, fhall form the faid Committee. Should there not be a fufficient number of names given in, then the Directors to feted fuch Proprietors as they may think proper, to make up their number of twelve. The Minifter to do the fame, or (if he thinks fit; to nominate gentle- men, on the part of ridminiftration, who may not be Proprietors of India ftock. Out of this committee of forty eight, a felect committee to be chofen, to con- fid of twelve members : namely fix Diredors, including the two chairs,, three & Proprietors Proprietors, to be chofcn by the Directors, and three by the Minifter.' This committee to be occafionally an open committee, to receive all fuch Plans, Propofals or information as may be laid before them, and to prepare, digeft and arrange, a.fet of Proportions for the confideration of the general com- mittee, and to call them together when they may find it necefiary. When the Proportions are adjufted by the general committee, a general Court of Pro pfietors is to be called, by whom they are to be ratified or rejt&ed by Ballot. The Chairman to wait on Lord North, to know if his Lordfhip will ap- prove of the foregoing mode of proceeding. P. S. Query, Would it not be proper, that the Government or the Company, fbould give loool. or fuch other fum as they (ball think adequate, to be paid to the perfon who gives in the beft and fhorteft draughts of a charter, or articles of partnerfhtp, betwixt Government and the Company, APPENDIX * . ' APPENDIX. PROPOSITIONS, as prepared by the COURT of DIRECTORS. Court of Directors of the Raft-India Company having taken into their mo/l feriout 'confederation the terms neceffary to be offered to government for the prolongation of the Company's Charter, beg leave, upm the mojl mature deliberation, to fubmit the folio-wing propofitiom to the confedera- tion of Lord North, as the bajis of an agreement with government for thatpurpofe. PROPOSITIONS. I. nP^HAT all the Eaft-India company's prtfent charter-rights and privileges JL (hall be prderved to them entire, and their exclufive trade prolonged for the term of ten years, befides the three years notice to be given, according to the proviiion made for that purpofe, in the fubfilting act of the i;th of George the Second. II. That in confideration of all their prefent charter-rights and prvilieges of exclufive trade being fo preferved and prolonged, as aforefaid, the Eaft- India company (hall advance and pay into his Majefty's Exchequer, for the ufe of the public, one million of pounds fterling, without intereft, at fuch times, and in fuch proportions, as (hail be agreed upon between the Lords Commiflloncrs of his Majefty's treafury and the Court of Directors of the faid company. III. That the faid fum of one million (hall be repaid on or before the 25th day of March, 1790-, and the company's right to an exclufive trade mall not be determined after that time, until the faid one million mall be repaid, as well as the four millions two hundred thoufand pounds, now due from the public to the company. IV. That the company be authorized and impowered to borrow on bond, under their common feal, or otherwife, any fum or fums of money, not ex- ceeding one million, over and above the amount of their prefent bond debt in England. V. That in cafes of necefiity the company fhall be at liberty, with the ap- probation and content of the lords of the treafury, to borrow upon bond, or otherwife, any fum or fums of money, not exceeding five hundred thoufand pounds, over and above the amount of their prefent bond debt, and of the ad- ditional million to be borrowed, as beforememioned j or over and ab^c any lefs fum, which fhall happen to be their bond debt when fuch cafes of necefflty {hall ( 24 ) fliall arife. But as money, fo to be borrowed, wilt only be for relief in tem- porary exigencies, it (hall ot affeft an/ of the provifions made in the follow- ing Proportions, refpecting div.ucaa;* to be made amongft the Proprietors. VI. That each and every year a diftinft account of the nett profits of the Com- pany be made up , and that each year the nett profits be divided in the man- ner following : viz. The Company fhall always receive eight per cent, if the profits be equal thereto.. The Public fhall alfo receive eight per cent, if the profits amount to fixreen per cent. When the profits are lefs than fixteen per cent, the Public fhall icceive all", above eight per cent.. If the profits exceed fixteen per cent, the furplus fliall be equally divided between the Public and the Company. And the moiety of the furplus appropriated to the Company, fhall each year,. after payment of the increafed dividend herein after-mentioned, be applied to the diicharge of the Company's debt. VII. That to the prefent dividend of eight per cent, to the Proprie- tors, fhall be added an increafe of dividend, not exceeding one per cent. each, and every year, until the dividend fhall be ten per cent, per annum, if the Com- pany's moiety of the profits be equal thereto ;. and from that period, or fo foon after as four hundred thoufand pounds of the prefent debt fhall be paid off, a further additional dividend of one per cent, per annum fhall he made-, and when the further fum of four hundred thoufand pounds be paid oft, another addition of one per cent, per annum dividend ; and when two hundred thou- fand pour.ds, the remainder of ihc m.llion now to be borrowed, (h-alJ be paid off, the dividend fhall be increafed to twelve and a half per cent, per annum. VIII. That the Company (hall remain in poftcilion of all the territorial acquiii ions and revenues of the Dcwannee of Bengal, Bahar and Oriffa, for and during the term of the exclufive trade to be granted to. the Company, in the fame manner as they are now entitled to their other territorial acquisitions and revenues, without prejudice to the claim of the Public or of the Company. IX. That the term of this agreement of participation between the Public and the Company, Jhail commence and take place on and from the firlt day of March, 1780. That ( 25 ) X. That in order, to the utmoft of their power, to alleviate t'he public bur- thens, whenever the fituation of affairs mall render it neceflary for the Com- pany to apply to Government for a naval force, or for troops to be fent to, and remain in the Eaft Indies ; the Company fhall contribute towards defraying the expence thereof, out of fuch furplus money as fhall arife from the territorial revenues in Bengal, and remain in their treafury, after providing for all ufual ex- pences, and for the Company's European investments, and for lupplies to China, and their other fettlements ; and likewife after rcferving a fund of one million in the Company's treafuries in India for contingencies, or feven hundred thoufand pounds in Bengal, and three hundred thoufand pounds in the other treafuries of the Company in India, over and above the amount of the Company's debts in India-, then the fupply to be allowed and paid by the Company to 'Government, on account of naval and military expences ro be incurred, as aforefaid, fhall ex- tend to the payment of a fum, n-ot exceeding thirty thoufand pounds per annorn for every fhip of feventy-four guns, and twenty five thoufanil pounds per annum for every fmp of fixty four guns, and ten thoufand pounds per annum for every* frigate, employed in India ; not exceeding two fh;ps. of feventy-four guns each, fix fhips of fixtv four guns each, and three frigates, in time of war ; and no: exceeding three mips of fixty-four guns each, and two frigates, in time of peace v , and alfo to the payment of a furn, not exceeding twenty thoufand pounds per annum, for one regiment of land forces, confining of one thoufand men, or forty thoufand pounds per annum, for two regiment?, if wanted, confiding of two thoufand men, provided it is neceflary to expend fuch fuitis on the above number of fhips and troops in India, amounting in the whole, to a fum not exceeding two hundred and eighty thoufand pounds in time of war; or not ex- ceeding one hundred and thirty-five thoufand pounds in time of peace; which payments ihall be made in India, and computed at and after the Vate of two Shillings and three pence the current rupee of Bengal, from whence the faid fupplies muft always be obtained. XI. That the power of nominating and removing the Governors-General and Council of Bengal be henceforth veiled rn the directors of the Eaft India Company, according to the provifion made for that purpofe, in the act of the thirteenth of his prefent Majefty, XII. That in order to afcertain the nett profits arifing from the company's trade and revenues, an account fhall be made up of the profit and lofs upon the whole of the faid trade and revenues, together with a ftate of the Com- pany's debts in England, exclufive of their bond debr, to the firft day of March in every year ; and the firft of fuch ftitements or accounts fhall be made upon the ift day of March, 1781, or fo foon afterwards as the neceflary materials can be prepared, for the year preceding. And every fuch flatement or G account, 354913 account, fairly written, and figned by two or more directors oFthe company,, fhali be tranfmitted, within thirty days after the day to which it (hall be made* up, to the commiffioners of his Majefty's treafury, or to the high treafurer for the time being. XIII. That Accounts of the grofs amount of all the territorial revenues re- ceived by the Company, and of all their difburfcments,. "charges of Manage- ment^ civil, military, and other expences and charges, and of the nett proceeds. in each of the iettlements of the Company,. (hall allb be annually made up, and prefented to the Lords of the Treafury, on, or fo foon after, the ift Day of, March in each year, as the receipt of the neceffary materials from India ihall enable the Company, to form iuch accounts. XIV. That the Moiety, of the fwrplns profits, to be appropriated to the public, . ftall be paid, annually into his- Majefty Exchequer,, for the difpofition ot- parliament. XV.. That the power of drawing bills of Exchange upon the Court of Direc? tors be retrained, as it > is by the act of the i3thGeo. III. XVI. That no bill, promifiary . note, or other obligation for money, . ifTued, , or to be iffued by, any of the company's prefidents and councils, or fervants, in > India, or in China,, and made payable there, fhall become payable in Eng- . land, without the conient of the court of directors firfl obtained for that pur- pole. XVII. That no bill or bills- of exchange drawn upon the company, or t court of directors, by any ot their fervants in India, .or in China, beyond the - amount authorised by, or contrary to the orders of the court of, directors, mail ; be obligatory or binding upon the company in England, .until fuch bill or bills,. fhall have been accepted ;.but every holder of fuch bill or bills of exchange, lhall have recouafe to the pcrfon or perfona who may nave figned the fame, as the drawer or drawers ihciejf. . XVIII. That no BritiQi fubjcct in the /erviceof the company, or -. licenfed . by them to proceed to India, lhall refujc in any other place in India, than one. of thje company's principal lettkraents, or within twenty miles thereof, without, fpecial orvltrs or liccnfc in wirting.from the company, or from their ,prefident or. governor arvd council j.nor fhall any fuch perfon or perfons refide be)ond luch , limits, as atoreiuid, for longer time than ihall be ipecifkd in the company's or- - dc;Sj or in his or tbcir iiccnit or Ucenles . XIX. XTX". That the fervants of the company in India be reftrained from lend. i'r.:f money to foreign companies and to foreign merchants, and from purchafing goods in India for fuch companies or merchants to be fent to Europe, and from being concerned therein directly or indirectly ; and allo from furnilhing; the n with tne credit of bills drawn upon their correfpondents or other perlons in Europe. XX. That the company's exclufive rights and privileges of trade be fo ex- tended, as to prevent the importation of goods and merchandize, the produce of the Eaft Indit-s, by the way of Suez, or by any other channel to the preju-- diee of the company. XXI. That fuch regulations be formed, as (hall, if poflible, prevent fmug- gling , and that no power of remiflion or mitigation be veiled in the Court of Directors. XXII; That the Company be permitted to lodge recruits, defigned for their Settlements in the Eaft Indies, in Tilbury Fort, Jerfey, or Guernfey, or in fome other of his Majeft'ys forts, with one officer to fuperintend the fame, and a- iufficitnt number of ferjeants to take care of the men, in order to obviate the difficulties, and to prevent the expence occafioued by the want of fuch, accom- modation-. XXIII. That the Company be enabled to import and export goods to and from this kingdom, and places within the limits of the Company's Charter, in fbip?, by purchale or otherwife, the property of the Company, the fame being navieartd in the manner prefcribed by che laws now in being, refpecting Britifti built ftnps. XXIV. That the Company's marine force at Bombay, and their other prin- cipal Settlements in Ind'u,.be made fubject to the like articles and rules as the' {hips or war in his M-. jetty's iervice, fo far as the circumftances of the faid ma- rine force may render the fame pracli able ; and that the Prefident and Coun- cil in the reflective feultments, be auihonied to ifflie warrants -for holding courts martial for the trial of offenders. XXV. That -fuch ot-her regulations be made, for the better management of fhe^Cotnpahy's affa-rs, as, on further cor.iiderauun,.ftiall be found ncceilary } and < be reqgireu by tne Company, XXVI. That the Court of D'nectors will recommend the above proportions toiheir conftiuencs ; but that nothing can be ruiuliy co..ciudeJ, , without the concurrence tf the Court of Proprietors. E-.tft 'ndia Ho ufe, 2$ tb January, i/yiJo, F I N IS,' 7 35 UNIVERSITY OF CALIFORNIA LIBRARY Los Angeles This book is DUE on the last date stamped below. Form L9-32m-8,'58(5876s4)444 UHIVERSJ 'ALIFORNIA DS Mit< \2P2 Thoughts on the ir.2 Government and the East India DS 463 A2P2 1780 v.2 A 000017697