The Right, Interest, and 
 Puty, of ftovernn9*it, as Con- 
 cerned in the 'vf fairs of the 
 Indies 
 
 By 
 Thomas Pov/nall .
 
 ly 
 
 UNIVERSITY OF CALIFORNIA 
 AT LOS ANGELES
 
 THE 
 
 Right, Intereft, and Duty : 
 
 O F 
 
 GOVERNMENT, 
 
 As concerned in 
 
 THE AFFAIRS 
 
 OF THE 
 
 \ 
 
 EAST INDIES. 
 
 The Cafe as ftated and argument upon it as firft 
 written, by GOVERNOR POWNALL, M. P. 
 in 1773, now revifed. 
 
 LONDON, 
 
 - 
 
 Printed for J. ALMON, oppofite Burlingcon-Houfe, Piccadilly 
 M DCC LXXXI,
 
 THE 
 
 FOLLOWING TREATISE 
 
 IS MOST RESPECTFULLY DEDICATED 
 
 TO THE 
 
 SELECT COMMITTEE 
 
 o 
 
 OF THE 
 
 O 
 
 HOUSE OF COMMONS, 
 
 o 
 
 &C. 
 
 AN OLD MEMBER OF THAT HOUSE 
 NOW NO LONGER A MEMBER. 
 
 1*54734.
 
 PREFACE. 
 
 THE following argument, upon 
 the cafe therein ftated, was 
 firft written in the latter end of the 
 year 1772, and circulated amongft 
 feveral friends, men of bufinefs, under 
 an idea that the Adminiftration of 
 Government, meant to have taken up 
 the affairs of the Eaft India company, 
 by fome meafure to be a&ed upon ; 
 and it was publifhed in the beginning 
 of the year 1773. In the courfe of 
 the feilions of that year, Parliament 
 paffed " An ad: for eftablifhing cer- 
 " tain regulations for the better ma- 
 < c nagement of the affairs of the Eaft 
 '*' India company, &c," Government, 
 in confequence of the regulations 
 provided, and powers given to it, fent 
 a governor general and Council; and 
 eftablifhed at Fort William a fupreme 
 
 court
 
 court of judicature : But the whole 
 meafure was coufidered.as,an experi- 
 ment t6 be tried in the interim, until 
 his Majefty's minifters could be at lei- 
 fure, and mould be able, to prepare 
 fuch a fyftem for the eftablifliment of 
 the fcate, of the company ; and of 
 the poor people faid to be conquered ; 
 aSs 'might be offered to Parliament for 
 the final fetdement of thefe rights, 
 and an eftablifhed fyftem of govern- 
 ment, for that great and important 
 object. 
 
 After the paffing of that a8t of ex- 
 feriment) I revifed the following 
 paper, and made the feveral additions 
 which are now annexed to it : Yet 
 feeing that the world at large was not 
 difpofed, at that time, to enter into 
 the queftion of right, or into the con- 
 fideration of the meafures which muft 
 be taken whenever it (hall be decided; 
 I did not at that time publifh them, 
 but put the papers in a drawer, where 
 
 they
 
 i vii ) 
 
 they have lain to this time, and might 
 have lain to doom's-day. Had I not 
 at this juncture (1780) been deiired to 
 republifli what I published in 1773? 
 as by not now being in Parliament, I 
 was fuppofed to have leifure to revife 
 it. 
 
 As to my leifure I have much lefs 
 now than I had, as I think I can dif- 
 pofe of my time much more profit- 
 ably as a man, than I ever did in par- 
 liament as a politician ; nor do I feel 
 myfelf difpofed to take up again mat- 
 ters of politicks, which are but mat- 
 ters of cabal amongft individuals ; 
 of faction amongft parties ; and ab- 
 folutely the mean while decided upon 
 and decreed, through a peculiar opera- 
 tion of predeftination^ by minifters. 
 
 All therefore which I have done, is 
 fo far to accede to what has been de- 
 fired as to fend thefe papers, as they 
 
 were
 
 ( viii ) 
 
 were written in 1773 to Mr. Almon, 
 which he may, if he thinks it worth 
 his while, infert and publifh in a fe-^ 
 cond edition. 
 
 THE
 
 THE 
 
 RIGHT, INTEREST*, &c. 
 
 THE exercife of the foverelgnty of popuU 
 ous and extenfive dominions in the Eaft 
 Indies, have come into the hand* of the Eaft 
 India company ; the revenues of thefe domi- 
 nions are actually in the poffeffipn of this Com- 
 pany; and in confequence of power ariling 
 from this exercife of fovereignty, and of in- 
 fluence from this pofTeffion of the revenues, 
 the fame company have as merchants, while 
 they acted as iovereigns, earned on an abloiute 
 monopoly of the commerce of one of the rich- 
 eft manufacturing countries in the world* ^ 
 
 The profits of this trade have been fo great, 
 that difficulty and embarralTment have anlen, 
 how to inveft, or how bring home the balance 
 of it, 
 
 B The
 
 The revenues were fo ample and abundant, 
 that Lord Clive, in the year 1765, writes in 
 thefe words to the directors of this company in 
 England, " Your revenues, by means of this 
 " new acquifition, will, as near as J can judge, 
 " not fall far faort for the enfuing year of 250 
 <{ lacks of S-icca rupees, (including your former 
 " poffeffions of Burdwan, &c.) Hereafter they 
 " will at leaft amount to 20 or 30 lacks more. 
 tl Your civil and military expences in time of 
 " peace, can never exceed 60 lacks of rupees j 
 * the Nabob's allowances are already reduced 
 " to 42 lacks, and the tribute to the king is fix- 
 " ed at 26 ' y fo that there will be remaining a 
 " clear gain to the company of 122 lacks of 
 " Sicca rupees, or i y 6^o,gool. ftetling ; which 
 <c will defray all the expences of the inveft- 
 < ments, furnilh the whole of the China trea- 
 " fure, anfwer all the demands of your other 
 ct fettlements in India, and leave a confiderable 
 <{ balance in your trealury heiides. In time of 
 " war when the country may be fubject to the 
 " incuriions of bodies of cavalry, we (hall, 
 " notwith (Uncling, be able to colled: a fufficient 
 . t fum for our civil and military exigencies, and 
 " likewife for our in vt ft merits ; becaule a 
 <c very rich part of the Bengal and Bahar do- 
 minions are fituated to the eaflward of the 
 " Ganges, where we never can be invaded. 
 cc What I have given you, is a real not imagina- 
 ry ft ate of your revenues j and you may be 
 <c aflured they will not fall ftiort of my com- 
 t putation." 
 
 If
 
 [ 3 ] 
 
 If the public enquires after the caufe?, why 
 the company is under any difficulties not- 
 withftanding this ftate, they are told of the 
 want of wifdom and power in the compa- 
 ny at homej of mifchievous errors in the di- 
 reftir?; of factions in general courts; of un- 
 governable difcbedience in their fervants abroad j 
 ot peculation of public treafure ; of fraod* in 
 expenditures; of fal (hoods in accounts; of 
 plundering, pillaging, and rapine, bnth public 
 and private ; of rapacious extortions in trade, 
 which have ruined tne commerce and manu- 
 factures of the country ; of tyranny, in every 
 exertion of that cruel fpirit, which has abfc- 
 lutely deftroyt d the country itfelf ; all this to 
 the (hame and opprobium of the nation may 
 be true ; yet thefe are but natural, I had almoft 
 faid neceffary effects of a prime original evil 
 which they derive from. The firft origin of 
 the evil is, that the merchant is become the Jove- 
 reign ; that a trading company have in their 
 hands the exercife of a Ibvereignty, which that , 
 company by its direction within the realm is not v 
 adequate to, and with which its fervnnts (the 
 governors and others, as now coufVituted with- 
 out the realm) mould not be trufted. The fuf^ /\ 
 fenng a trading company of merchants, fo.cir- 
 cumftanced and lo conftituted, to allume the 
 pofTeflion of, and to exercife (however acquired 
 and poffefled) luch. Ibvereignty in a manner un- 
 obferved, unregulated by, and independent or 
 the fupreme Ibvereignty of the ftate, is the firft 
 error. This is the original evil: and the man- 
 ner- ' -
 
 [ 4 ] 
 
 per in which it hath been exercifed is only 3 
 natural and certain mifchief derived from it. 
 
 But be the condu<ft of perfons interefted in 
 the company and its affairs ftill fuch as it has 
 K .-; be the conduct of men in power what it 
 Wil'; be th- conduct of their opponents what 
 it, m^y, as to the Jndian afFairjB; the feelings of 
 mankind in general are at laft rouled to a ilate 
 pf alarm} they apprehend danger to the (late. 
 People iK'W at laft begin to view thofe Indian 
 affair!:, not fimply as beneficial appendages con- 
 ne-dteri to the Empire ; hut from the participar 
 tion of their revenues being wrought into the 
 very competition and frame of our finances; 
 f-om the commerce of that country being in- 
 difil'lubly interwoven with our whole iyflem of 
 commerce; from the intercommunion of fund- 
 ed property between the company and the 
 {late people in general from thefe views begin 
 to lee fuch an union of intereft, fuch a co-exift- 
 ence between the two, that they tremble with 
 horror even at the imagination of the downfall 
 of this- Indian part of our fyftem; knowing that 
 it muft nectflarily involve with its fall, the ruin 
 of the whole edifice of the Britifh empire. 
 
 It feemyto me that it is a matter of the utmoft 
 confequence to the nation, that thefe matters 
 fhould be coolly, deliberate!)', and difpafiionate- 
 ly ditcufled. It appears to me, that in general 
 courts of the company where intereOed animo- 
 fity is the fpirit, that in other great aflembltes 
 
 where
 
 t 5 ] 
 
 where thefe matters are treated only as the in* 
 (Iruments of party, they will never be fo dif- 
 cufled. I own, from what I have had occafion 
 to obfe; ve, I have conceived an opinion, that 
 thole ptrfons alone who are no ways attached V 
 by intereft to this bufinefs, who are by no means 
 connected with any party that may hope to 
 derive fome ufe from it, are the moil likely to v 
 examine it in that line of inquiry in which the 
 public is concerned. It is not in the whirlwind 
 of contention ; it is not in the thunder of de- 
 bate, that trurh is heard : it is in the ftill (mail 
 voice, in quiet abftracted deliberation that it 
 will be found. 
 
 At this crifis therefore, in this interval between 
 report and confederation^ I, an uninterefted, un- j 
 connected individual byftander, without any 
 poffible views of intereft, with a fixed determi- 
 nation of taking no part in debate, with almoft 
 a certain affurance of difapprobation from all 
 fides, and from all parties on all fides, will ftate 
 the cafe, as it arifes from and is founded upon 
 the fame principles which I have had occafion 
 to explain in caies of the like nature. 
 
 I will endeavour to explain to the public, the 
 relation and precife predicament in which thefe 
 foreign poffcfiions, and in which the exercife 
 of fovereignty over them, ftands with the fu- 
 preme government of Great Britain. From 
 this ftate of the cafe I will endeavour to point 
 out what the government of Great Britain has ' 
 
 a right
 
 [ 6 ] 
 
 a right to do, what he ought to do, and what it 
 can do, 
 
 Previous to all confiderations of the poffef- 
 fions of this company, and of the excrcifc of 
 that fuvereignty which has come into its hands, 
 the firftimmediate attention is dueto its exiftence 
 as founded on its capital trading itock. This 
 confederation government hath wifely taken up, 
 and hath done therein what was neceflary and 
 what will be effectual to that end : The edi- 
 fice is now fecured and founded on a bafe which 
 will fupport it f 
 
 Whether now thus eftablifhedit (hall become, 
 as a part of one organized whole, as a part of 
 our fyftem of empire, an aid in power and re-, 
 venue : or whether as an independant unannex- 
 ed object of commerce, a drain upon our force 
 and firength j muft depend upon the regula- 
 tions, upon the meafures, which government 
 (hall take concerning it. 
 
 To enable the public to judge how far go- 
 vernment hath a right to interpofe, how far it 
 ought to interpofe ; they fhould firft confider 
 the predicament under which this trading com- 
 pany hath a right to go forth of the realm ; to 
 export Britim fubjecls ; to trade and make fet- 
 tlements in partibus extent \ to poflels lands 
 and territories ; and to govern its fettlements, 
 factories, and fo forth. 
 
 When
 
 [7 ] 
 
 When this matter is traced back to its firft 
 fpring and movement, and thence again deduced 
 through the various fucceeding procefles of its 
 operations and exiftence j it will be found to 
 ftand upon the fame grounds and bafe; to have 
 moved in the fame line as all other like emigra- 
 tions and fettlements in partibus cateris have 
 done. 
 
 There are the like powers of incorporation, v 
 with rights of the fame nature ; the like powers 
 of acquiring, purcha-fing, and pofleffing lands 
 and hereditaments within the realm ; and the 
 like rights of property and joint ftock ; the like 
 rights of direction and government j the like 
 permiffion of emigration and of tranfporting 
 emigrants ; the like powers of trading, making 
 fettlements, and of eilabliftiing factories in par- 
 tibus exteris, within defined bounds j the like 
 authority to build forts and other wife fortify 
 their poffefsions ; to make war and peace with 
 the natives, not Chriftians, where they lhall fet- 
 tle ; the like powers of eftablifhing government, 
 and of appointing governors and all neceflary 
 officers, civil and military, as have been given , 
 to all other colonifts and emigrants. 
 
 Whoever will compare the charters of the / 
 one and of the other, claufe by claufe, word by Y 
 word, will find this unvarying fimiliarity extend 
 through the whole, 
 
 Whoever
 
 [ 8 J 
 
 Whoever attentively confiders thefe charters, 
 
 / will find thefe powers granted not only without 
 reference hd, but previous to grants made by 
 
 I government of territorial poffcfsions. In the 
 charter to the Virginia Company, granted in 
 161 1-12, is a claufefubfequent toclaufes grant- 
 ing all the like powers as here before mention-* 
 cd, in the words fo lowing. " And finally we 
 " do for us, our heirs and fucceffors, grant and 
 " agree, to and with the (aid Sir Thomas Gates, 
 <e Sir George Somers, Richard Harkluit, and 
 <c Edward Maria Wingfield, and all others of 
 " the faid firft colony j that we, our heirs and 
 * c fucceffors, upon petition in that behalf made, 
 tc ihall, by letters patent under our great feal of 
 " England, give and grant unto fuch perfons, 
 <c their heirs and affigns, as the council of that 
 / <c colony, or the moft part of them, (hall for 
 
 V ** that purpofe nominate and affign, all the lands, 
 " tenements, and hereditaments which (hall be 
 within the precincts limited for that colony, 
 " as is aforefaid, to be holden of us, our heirs 
 ct and fucceffors y as of our manor of Eaft 
 " Greenwich in the county of Kent, in free and 
 
 {( <c common focage only, and not in capite" 
 
 Thefe colonifts therefore, fpeaking of them 
 in general, had a power of making and acquir- 
 ing, and of lawfully holding and pofleffing co- 
 lonies, plantations, fettlements, and factories, in 
 partibus cteteris, within the bounds prefcribed 
 to them for trading and fettling, without any 
 reference had to territorial grants and by vir- 
 tue
 
 t 9 ] 
 
 ttie of this lawful power they had an implied 
 claim of right to territorial grants of fuch lands 
 or territories as they may have acquired under 
 thefe powers* where fuch could be lawfully 
 granted i 
 
 The Eaft India company, fpeaking of it in V 
 particular, had this power of acquiring, holding, 
 and poffeffing " ports, iflands, plantations, caf- 
 tles, forts, factories, and territories" within 
 boundsdefined by their charter, and confequently 
 this implied claim of right to grants of iuch* \X 
 Which, their charter of 1661 fays, (hall be im- 
 mediately and from henceforth under the power 
 and command of the faid governor and com- 
 pany, their fucceflbrs and afligns. Other 
 charters give them power to purchafe, or law- 
 fully acquire fuch. The parliament in 1692 
 (fee the journals) admits the company's claim 
 of property in their forts, towns and territories 
 in India. At the union of the two companies, 
 the old company, before the furrender of its 
 charter, conveys to the new " all ports, iflands, 
 l< plantations, territories, caftles, forts, fortifica- 
 " tions, manors, lordfhips, mefluages, lands, te- 
 c< nements, hereditaments, rent, and revenues." 
 This conveyance and transferring of property, 
 this lodging of it in the new company, is recog* 
 nized by the crown, who becomes a party to the 
 deed tripartite, by which this conveyance and fet- 
 tlement is made: and that the united company 
 are ipfofaSlo^ and of right, capable of acquiring, y 
 and holding forts, factories, plantations, &c. in 
 C the
 
 the fame manner as the old company wa's, the 
 tripartite covenant is a proof j for it makes and 
 prefcribes regulations for all fuch as are, or Jhall 
 btpoffeffed by them, within the limits of their 
 charter. 
 
 Now all thefe rights of pofleffion, and all 
 thefe poffeffion?, are held without any reference 
 had to any territorial grants of the fame, other 
 than the general powers of fettling and plant- 
 ing colonies within certain defined boundaries j 
 which general powers of pofleffions are thus 
 qualified, " the fovereign right, power, and do- 
 " minion over all the faid forts, places, and 
 < ( plantations to the king, his heirs, and fuccef- 
 \ " fors being always referved," as is expreisly 
 ftated in the charter of the tenth of king Wil- 
 liam. 
 
 Thus ftands the cafe of all that fort of pro- 
 perty, and of thofe pofleffions of the Eaft India 
 company, which is fpecifically defcribed in the 
 deed tripartite, whereby that company was fram- 
 ed, united, and conflituted. 
 
 This is the cafe of all fuch fettlements as may 
 be made, under the like powers of emigration 
 and fettlement, in countries where the native 
 inhabitants have no fixed occupancy in, nor mix 
 their labours with the lands ; and where there 
 is no eftablifhed known form of government, 
 or communion uniting into a collective body, 
 the feveral individual natives, and as fuch, hav- 
 
 in s
 
 [ II ] 
 
 ing a fixed and actual occupancy of pofleflionv 
 This is the very ground and baiis, on which 
 ftands our right of pofleffion, in almoft all our 
 fettlements in America, and on the coafts of 
 Afiica. 
 
 This is the cafe of all thofe fettlements and 
 landed pofTefTions, where a municipal inhabi- 
 tancy, from the acquieicence of the powers of 
 the country, hath by degrees grown into a terri- 
 torial poffeflion. 
 
 . This ftate of landed poffeflion and territorial 
 property acquired and held under the privi- 
 leges and powers above defcribed $ and made, 
 and fettled, in partibus exteris within the 
 bounds prefcribed, is the firft flage or procefs of 
 the fettlement of colonies j and even if the 
 colonifts thus holding their poffeffions do not, by 
 petition in that behalf made, pray for teritorial 
 grants of the fame . or, if the crown does not 
 of its own mere motion, interpofe and make 
 fuch grants, and eredt thefe colonies or fettle- 
 ments into provinces j yet the property of the 
 polfrfllon is good and valid in the colonifts 
 againft all claimants whatever, and againft the 
 crown with the reservation as above. 
 
 But in the hiftoryof our colonies and plan- 
 tations, precedents exift almoft univerfally-r- 
 either of the crown's interpofition of its own 
 mere motion and grace, by creeling thefe colo- 
 nies or plantations into provinces, in which cafe 
 
 it
 
 it alvrays makes territorial grants of the lands : 
 or cf the colonifts firft moving, and claiming 
 fuch grants, by petition in that behalf made ; in 
 which cafe the crown recites the petition, and 
 makes it the ground and ban's of the grant. 
 
 The Rhode Ifland charter recites, that <f the 
 
 " original colonifts did tranfplant themfelves 
 ** to the country of the Indians, and did there 
 " fettle, add have inereafed and profpered ; and 
 " are feized and poflefled, by purchaie, and con* 
 *' fent of the (aid natives, to their full content, 
 ct of the lands, ifland, rivers, &c. &c. which they 
 " fpecify ; and therefore they pray a grant of 
 " the lame from the crown."- The crown, in 
 the charter, recites this claim of right, and makes 
 out territorial grants of the fame. 
 
 v The fettlers in the 'colony of Connecticut, 
 
 who had gone out with all the powers above 
 particularly recited, applying for territorial grants, 
 ftate their rights of poflcflion by faying, that 
 the greateft part of the colony was purchafcd 
 and obtained, for great and valuable confidera- 
 tions, and fome other parts gained by conquejl. 
 They therefore pray for territorial grants of the 
 fame, by petition in that behalf made. The 
 crown recites the petition, and makes it the 
 ground and bafis of the grant. Although, 
 therefore, the Eaft India company do pciTcfs in 
 full right, fo far as to bar all claims .againft them, 
 a property in all their forts, fettlements, facto- 
 ries, plantations > yet they may if they think 
 
 fit.
 
 [ 13 1 
 
 fit, by petition in that behalf made, claim terri- 
 torial grants of thefe poffeffions as of right. 
 And the crown is (as (hould appear from the 
 like cafe) bound to make all fuch jurther grants^ 
 as may be lawfully made ^ and as fo all be reafon- 
 ably advifed - y for fo I underftflnd. the covenant 
 in the charter of King William engaging to make 
 further grants of all fuch matters and things, as 
 may be lawfully granted fo, I fay, I underr 
 ftand it, when in context with the tenor of all 
 the former grants to the company ; and when 
 compared, by analogy, with all other grants of 
 the like nature to colonifts. 
 
 On the other hand, the crown, (liould it fee 
 caufe, <c and be rcafonably advijed" may, of its 
 own motion, interpofe, and erect thofe colonies, 
 fettlements, factories or plantations, into a pro- 
 vince or provinces : yet fuch interpolation would 
 in no wile impeach or alter the company's right 
 of property, in the pofleffions above referred to. 
 The crown, intheconftitution and terms of fuch, 
 will, as of right, make territorial grants of that 
 landed property. The right and the property 
 would receive no alteration ; the tenure, inftead 
 of being of an imperfect vague holding, would 
 become thereby defined ; would be united to 
 the ftate, under the jurifdiction of the crown; 
 would be holden of the cro^vn. 
 
 .As all acquifitions of territory and dominion 
 inpartibus extern without the realm, until they 
 are annexed to the crown, as dominions belong- 
 ing
 
 [ H ] 
 
 ing to the realm, may be difpofed of and alien- 
 ated by the king 5 the erecting fuch acquifitions 
 or territory into provinces, annexing them to the 
 crown as provinces of the realm, would make 
 this material and eflential change j namely, that 
 they could never more, by the king, be put under 
 any foreign jurifdiclion j under any juriidiclion 
 whatfoever which the law and the conftitution 
 of the kingdom did not authorize. They could 
 never be alienated, ceded, or transferred to any 
 other ftate whatfoever, by the king alone j could 
 never be put out of the protection of the crown. 
 
 There is however a predicament of property, 
 founded on a very different cafe, and leading to 
 y a very different conclufion. Where landed 
 property (even within the bounds prefcribed for 
 making fettlements under the privileges and 
 powers as before) is exprefsly within the jurif- 
 diction of fome known and acknowledged ftate ; 
 is holden of that ftate $ is holden as feuds, or 
 in the form and by virtue of offices : there our 
 crown can in no wife interpofe in the property, 
 is not competent to make grants of it, nor even 
 to make regulations about it, It might as well 
 aflame a right and power to make a grant of, 
 or regulations for the leigneury of the dukedom 
 of Aubigny, becaufe it is the property of an 
 Englifh fubjecl j as to interpofe in making 
 grants of zimindarrees, jaghires, and fuch like 
 holding of lands and territories, while the 
 fovereignty under which thefe are holden re- 
 mains intire. 
 
 There.
 
 [ '5 ] 
 
 There is a third cafe of a very different de* 
 fcription, and which leads to a very different 
 confederation : it is this ; where the acquifitions ^ 
 of landed property, territories or dominions, 
 whether made by purchafe, treaty, or conquefi, 
 pals under thefe circumftances, namely, that the 
 Sovereignty of which they were held, is become 
 vacant, or is transferred there fuch acquifi- 
 tions, whether made by the fubject under powers 
 granted by the crow*n, or by the crown imme- 
 diately ; both as to property aud dominion veft 
 in the crown as being and reprefenting the . 
 active principle of that organized body the 
 community. 
 
 In order rather to explain, than to prove this 
 proportion, I will recur back to firft principles, 
 and by a deduction from thence of the procefs 
 of this fyftem, fhew how the cafe arifes in fact 
 and right. 
 
 When any number of individuals aflbciate, 
 and form that communion which becomes the 
 fubject matter of government 5 not only the in- 
 dividuals in their pcrfons, but in their rights and 
 property, are melted down into the common 
 mals of the commonwealth. This common- 
 wealth becomes A ONE ORGANIZED BODY, 
 having a one principle of individuality. The 
 property in the lands and other immoveables, 
 thus forming this common mafs is, prima 
 mftantidy in its primary and x original derivation 
 the property of the ftate; u n alien able^nd 7 in fe- 
 
 \parable
 
 parable from that ftate in any part thereof, but 
 by the will of the whole flate : it is an eflential 
 vital part of the organized living body. This 
 -property therefore muft receive the mode of its 
 exiftence, connexion, relation, and fubordina- 
 tion j its ufe and application as a part ; from 
 the nature and organization of the whole. 
 
 From this theorem, which is fimply the defi- 
 "nition of the actual exifting ftate of political 
 communion, derive, by neceflary concatenation 
 of truth and fight, the following propofitions. 
 
 Whatever individual obtains pofleffion, and 
 becomes the particular proprietor of any part 
 of fuch property already in the community, he 
 muft hold that pofleffion, and be an individual 
 proprietor in fuch mode, relation and fubor- 
 dination, to fuch extents of ufe and application 
 only, as is primarily confiftent with the vital 
 union of the whole ; and in the next place, 
 conformable to the difpofitions thereof made 
 by the whole. 
 
 No individual can by fale, gift, or in any 
 other manner transfer his property to any one 
 who by pofleffing it can be fuppofed to feparate 
 or diffever it from the community of the com- 
 monwealth. 
 
 Thus far of property, already part of the 
 community of the commonwealth. 
 
 On
 
 [ '7 '] 
 
 On the other hand, " Every man" (fays Mr- 
 Lock) " when he at firft incorporates himfelf 
 " into any common wealth, he, by his uniting 
 " himfelf thereunto, annexes allb and fubmits to 
 " the community, thole pofiefiions which he 
 <{ has, or Jhall acquire, that do not already be- 
 " long to any other government : for it would 
 " be a direct contradiction for any one to enter 
 " into a-lugiL'iy with others, for the fecuring 
 rt STTd regutfTftig of property, and yet. to fup- 
 " pofe his land, whole property is to be re- 
 " gulated by the laws of the iociety, mould be 
 " exempt from the jurifdiction of the govern- 
 " ment to which he himfelf, the proprietor of 
 " the land, is a fuhject." 
 
 Hence it is, that if any individual, or any 
 political per ion or body corporate, who is part 
 of a community, obtains leave fiom that com- 
 munity to emigrate, in order to fettle in part thus 
 exfen's, out of the limits of that community ; 
 yet acts, fettles, and acquires property under the 
 powers and privileges, and protection granted by 
 that community; and does, in his perfonal in- 
 dividuality, ftiil himfelf belong to that com- 
 munity; all property acquired by that perfon 
 ^which does not already belong to iome other 
 government, or which by any juflifnble mean 5 ; 
 is difievered from the government it did belong 
 to) all property, I lay, io acquired by fuch per- 
 fon, does ipjo foffio become annexed to, as the 
 property of, that community to which the indi- 
 vidual hiinlelf beLnv.^. 
 
 D This
 
 This is truth and right in the abftradt. Ap- 
 ply this right to fact in the conftitution of our 
 own government and then the particular truth 
 ftands thus, that all acquifitions of territory 
 made by the fubjects of Great Britain in parti-* 
 bus cxteris^ whether by purchafe, treaty, or 
 conqueft, if the lands of thcie territories are luch 
 as do not belong to any other government, or 
 having belonged to any other government, a e 
 fuch that the fovereignty or doWrnion uncle r 
 which they Were becomes vacant or is transferred, 
 then both the poflerTicn of, and dominion over 
 thefe lands veft in the crown, fo as to be of the 
 allegiance, and what muft be holden of the 
 crown. Let us view this truth, which we may 
 now call matter of law in the actual execu- 
 tion of it. And firft as to Africa ; An act for 
 vefting the fort of Senegal and its dependencies 
 in the company of merchants trading to Africa 
 (which patted in the year 1764) has theie 
 words. " Whereas the fort of Senegal and its 
 <c dependencies were by the late treaty of peace 
 < c ceded to Great Britain, and are now fubject 
 (: thereto ; and whereas it would be of advan- 
 et tage to Great Britain, and to the trade to 
 " Africa, if the faid fort and its dependencies 
 " were alfo veiled in the faid company, may 
 *' it therefore pleafe your Majefty that it may 
 ' be enacted j and be it enacted by his moft 
 tc excellent Majefty, by and with, 6cc. that from 
 ct and after the palling of this act, the fort of 
 " Senegal and its dependencies (hall be, and 
 " the iame and every part thereof are hereby 
 
 " declared
 
 I 19 ] 
 
 fct declared to be veiled in the company of 
 " merchants trading to Africa." 
 
 Now this fp-^ciai act of inveftiture of thefe 
 lands and ttrritoiies was deemed and enacted as 
 neceflary notwithftanding they lay within the 
 boundsj and are parcels of thofe territories and 
 dominions on which the company had a right 
 to fettle, and which by fpecial charter in 1672 
 had been granted to it, under the like general 
 termSj as the pswer of fettling and acquiring 
 lands in the Eaft Indies is given to the Eaft 
 India company* 
 
 See next the cafe of St. Helena, as deriving 
 from this (lime maxim of law in the words of 
 the charter of confirmation to the governor and 
 company of merchants trading to the Eaft In- 
 dies, of the ifland of St. Helena, granted in the 
 25th year of the reign of king Charles the 
 iecond* 
 
 *' Whereas in purfuance of our royal charter, 
 Sc the governor and company did at their own 
 " cod and charge, erecl: feveral forts and for- 
 " tifications at Sandta Helena, being an ifland 
 " fituate in, or near Africa, beyond the line, 
 " and on this tide the cape Bona Speranza, and 
 <J place a garrifon there, and were proceeding 
 " to plant and people the fame, and for thai: 
 " purpofe had tranfported divers of our fubj^cts, 
 " who were willing thereunto, to inhabit there ; 
 < but our faid fu^je6b, inhabiting on the fa-id 
 D 2 ." ifland,
 
 [ 2 ] 
 
 " ifland, were lately in time of war between us 
 " arid the ftates of the United Provinces, by 
 Cf force of arms difpoflefled thereof by the fub- 
 tc jcdts and forces of the faid dates, and the 
 41 Vubjedls of the faid ftates had and -kept the 
 " quiet poflefTion thereof for feveral months to- 
 " gether. And whereas by the bleffing of 
 " God on our royal (hips and forces, under the 
 ct command of Capt. Richard Maundane, the 
 " faid ifland, and all and fmgular the forts, 
 lc fortifications, and other the appurtenances 
 " thereunto belonging were retaken from the 
 " faid ftates and their fubje6ts, and a gar r: (on 
 " of our fubjedts placed there, by virtue cr rea- 
 " ion whereof, the faid ifland and all and fin- 
 " gular the forts, fortifications, eredtions and 
 buildings thereof, with the appurtenances 
 " thereof are Defied in us, our bars and fac- 
 cejjbrs, in the right of cur crown, and all the 
 " artillery, arms, armour, weapon?, ordnance, 
 " munition, magazines, ftores, chatties, and 
 " moveables whatfoever, which were there 
 ct found at the time our faid forces retook the 
 " fame as aforefaid, do of right belong to us 
 
 <l and no other. And whereas the faid 
 
 " ifland hath been found by experience to be 
 " very convenient and commodious to our 
 " loving fubjedls the governor and company of 
 " merchants trading to the Eaft Indies, for the 
 " refefhment of their fervants and people in 
 " their returns homeward, beirg then often 
 " weak and decayed in their health, by reslbn 
 t of thofe long voyages under thofe hot di- 
 
 " mates i
 
 [ 21 ] 
 
 " mates ; whereupon our faid fubjefts, the faid 
 " governor and company, have befought us to 
 
 " recant and confirm the fame to them. 
 
 We therefore, of our fpecial grace, certain 
 knowledge, and mere motion, have given, 
 " granted, and confirmed, and by thefe pre- 
 < c lents for us, our heirs and fucceffors, do give, 
 grant, and confirm to the faid governor and 
 " company, their fucceffors and afligns, all that 
 the faid ifland of Sancla Helena, &c. &c. 
 and them the faid governor and company, 
 6cc. we do by thefe prefents for us, our 
 < : heirs and fucceffors, make, create, and con- 
 '< ftitute the true and abfolute lords and propne- 
 tors of the faid ifland and prcmifes, &c. Saving 
 " and always referving to us, our heirs and juc- 
 < ceffors, the faith and allegiance to us due and 
 < belonging.and our royal power and fovereignty 
 c ' of and over our fubjeds and inhabitants there." 
 
 Under the like predicament?, without any ma- 
 terial difference, flood the cafe of Louifbourg; and 
 of thofe places in the Eaft Indies, which were re- 
 taken by the joint forcesofthecrown and company. 
 Louifbourg was given up and ceded at the peace 
 of Aix-la-Chapelle. Thefe Eaft Indian territo- 
 ries lye in the hand? of the Eaft India company. 
 
 See next the cafe of a ceffion of property with 
 a transfer of fovereignty in the inftance of the 
 idand of Bombay : the cafe is ftated in the char- 
 ter, relating to "the ifland of Bombay, granted 
 in the 20th year of the reign of Charles the lid. 
 
 " Whereas
 
 c< Whereas by the late treaty, between our 
 *' good brother the king of Portugal, concluded 
 " at Weftminfter, the 23dofjune, 1661. 
 <f the faid king of Portugal did, by the eleventh 
 article thereof, by and with the advice and 
 " confent of his counfel, freely, fully, abfolutely, 
 " and intirely, give, grant, transfer, and con- 
 " firm unto us, our heirs, and fuccefTors, for 
 " ever, the port and ifland of Bombay, in the 
 < l Eaft Indies ; together with all the rights, 
 " profit?, territories, and appurtenances thereof 
 whatfoever, and as well the property, as the 
 * { direct, full and abfolute dominion and fo- 
 " vereignty of the fame, &c. &c. which faid 
 <c port and ifland of Bombay, and the territo^ 
 < { ries thereof, lying and being within the 
 < liirits of our charter, granted to the governor, 
 <c and company of merchants, trading to the 
 <f Eaft Indies: Now know ye, &c. We there^ 
 <{ fore, by the advice of cur privy council, in all 
 " the grants, matters and things herein con- 
 tained, of our fpecial grace, certain know- 
 * c ledge, and mere motion, have given, granted, 
 " transferred, and confirmed, and by thefe pre- 
 " fents for us, our heirs and fucceflbrs, do give, 
 " grant, transfer, and confirm, &c." The reft 
 runs in the terms and words as above. 
 
 Any cefiion of any dominions or territories 
 in the Eaft Indies, whereby the fovereignty is 
 transferred muft in like manner veft in the crown, 
 and fhould be (and I own, I think of right 
 ought to be) granted to the company, if fuch 
 
 territories
 
 territories lie within the bounds and limits ^. 
 their charter j according to the terms under 
 which they already are empowered, to have and 
 hold landed property in territories and domini- 
 ons, holden of the crown, and of the allegiance 
 of the crown with the reiervations as before. 
 
 The cafe of territorial poiTefljons acquired 
 by conqueft, whereby the former fovereignty 
 hath been ^o///7W, is ftill ftronger becaufeno 
 fubjeft, either individual, or body corporate, 
 going forth of the realm to fettle and acquire 
 lands, in partibus exferis, under powers granted 
 by the crown, with refervation of fupremeju- 
 rifdiction, dominion, and fovereignty, can poffi- 
 bly erect any fovereignty : or if any fuch fo- 
 vereignty mould arife, from a temporary necef- 
 fity of exercifing fome government, can fuch 
 fovereignty act, or even exift, but as the fove- 
 reignty of, or derived from the crown ? 
 
 It is therefore both in fact and right, from the 
 nature of political community in general ; 
 from the nature and fpirit of our conftitution in 
 particular ; true in law that fuch pr.ffefTions * 
 in land or territories fo acquired, and the domi- 
 nions over fuch, muft and do veft in the crown 
 lot fo veft in the crown, that the king becomes 
 granc! Seigneur and fole proprietor, to grant the 
 fame or not; to grant the fame in fuch form, 
 and on fuch tenure, as he mail will and pleafe. 
 j>But fo far only, that while the political pro- 
 perty (if I may fo exprefs myfelf) remains in 
 
 the
 
 . [ 24 ] 
 
 the ft ate ; and therefore by our government in 
 the crown ; the perfonal property remains in- 
 violate in the fubject acquiring it, if acquired 
 under fuch powers as before-mentioned. The 
 perfonal property however, at the fame time and 
 for the fame realons, muit in the mode of hav- 
 ing and holding, in the difpofitions and regula- 
 tions of the form in which it mould lie, in the 
 conditions of its obligation and fubordination to 
 the whole, muft derive from the nature of the 
 political property veiled in the crown, and muft 
 therefore derive from the crown. 
 
 In acquifitions thus made, under circumftan- 
 ces not Ipecially provided for before fome ad: 
 of the crown, reprefenting the ftate, as was 
 done in the cafes of Bombay and St. Helena ; 
 or of the ftate itfelf, as in the cafe of Senegal ; 
 becomes (of right) necellary in order to fix the 
 property in the company ; the dominion and 
 iovereignty in the crown : and in order to form 
 the true and conftitutional connexion between 
 the two, under fuch modes of the one, and fuch 
 bounds of the other, as the conftitution of the 
 company, deriving from and depending upon 
 the conftitution of the ftate^ requires. 
 
 Let any one, by application of the reafoning 
 above, to the three feveral cafes 'before ftated, 
 confider the three feveral forts of property which 
 the Eaft India company has acquired and pof- 
 fefles, and there can no difficulty arife in de- 
 ciding, what government hath a right to do in 
 
 each
 
 t *5 ] 
 
 each cafe, and what it ought- to do upon the 
 whole. 
 
 Thus far as to property. What government 
 ought to do refpecting dominion and ibvereJgn- 
 ty, requires further dilcuffion and cpnfideratiori. 
 
 When we learn, that nabob after nabob has 
 been driven from the feat of government; that 
 the new creatures of the Eaft India company 
 are feated on the mufnud or throne, by the fer- 
 vants and deputies of the company ; that the 
 fovereigns of the country are content to receive 
 their government from the hands of the compa- 
 ny ; that they govern under the protection, com- 
 mand, and by direction, of the company ; by 
 officers andminiftersnamed by, and holding their 
 offices at the will and pleafure of the company ; 
 that the company is in full receipt and poffeffion, 
 and hath the fole diftribution of the revenues of 
 the country ; that they pay the officers and mi- 
 nifters, the nabobs, nay, even the Mogul him- 
 ielf, what the company eftimates, rates, and 
 judges to be proper ; that the company is abfo- 
 Jute landlord, and proprietor of the lands for * 
 ever ; that It directs what military forces (hall 
 be deemed proper, and allots what part of that 
 (hall be put under the orders of the nabob or 
 mogul- and what (hall remain under its own 
 immediate command : when we learn all this, 
 and find it to be the actual ftate of the govern- 
 ment of the country, who will doubt, whether 
 the native fovereignty of the country be or be W 
 ' not aboliflied ? Notwithstanding therefore the 
 E farce
 
 C *6 J 
 
 treaties, with the ficYion of a nabob, 
 the fact is, that the government of the coun- 
 try is diflblved, the fovereignty annihilated. 
 
 The affecting to be only the protector of the 
 government of the country as an ally ; to be on- 
 ly the fteward, not the landlord of the domi- 
 nions of the date; the executing the govern- 
 ment of the country, under its own laws, io 
 far as defpotifm admits law, and by the mini- 
 ftration of its own offices and officers, was one 
 of thofe genuine ftrokes of politicks, which 
 true and original genuis alone always doth at 
 once adopt and execute*. Nothing could be 
 wifer, refpecting the internal itate of the coun- 
 try ; nothing more prudent, at the time, refpect- 
 ing foreign ftates ; and nothing better underftocd, 
 for the then prefent occafion, refpecting the re- 
 lation between the company, and the fupreme 
 government of Great Britain. The hand of 
 explanation, on the face of the clock, points to 
 this oflenfible iyftem but when we look into 
 the internal fprings and movements, when we 
 read the minutes, and the (ecret and confiden- 
 tial correfpondencej, or advert to the undifguif- 
 ed explanation of the fyftem, we find th^ 
 company dating themfelves as fovereigns, hav- 
 ing dominions and iubjects-f- ; dating what lore 
 of army is neceffary " to pre/erve them Jove- 
 * l reigns y 
 
 * Thofe who wifh to fee this oftenfible meafure explained 
 in the true fpirit of it, niay read Lord dive's letter, fiept. 
 21, 1765. 
 
 J See Report of Seleft Committee. 
 
 | See Lord dive's letter to Mr. Rous, April 17, 1765. 
 
 We
 
 [ *7 1 
 
 We find then that powers and interefts have 
 arifen in the courfe of the exiftence of this com- 
 pany, which were not in contemplation at the 
 firft forming of it - y of which there was not an 
 idea ; for which therefore there is not, nor could 
 not be in the charter any provifion. On the 
 contrary, we find the Attorney, and Solicitor 
 General, Mr. Pratt, and Mr. York, in the year / 
 1757, arc " of opinion, that it is not warrant- 
 " ed by precedent, nor agreeable to found po- j 
 tc licy, nor to the tenor of the charters which 
 " have been laid before us, to make a general | 
 " grant not only of part, but of future con- 
 f ' tingent conquefts, made upon any power, 
 " European or Indian, to a trading company'* 
 And we further find, that in all grants of powers 
 of government, the crown always referves-** 
 " the fovereign right, power and dominion to /' 
 " itfelf, its heirs and iucceflors." 
 
 Thefe powers, therefore, of fovereignty, 
 (howfoever they may have fallen into the hands 
 of the company, or in whatever form they may 
 lie there) cannot be duly exercifed by that com- 
 pany, without forne legal and confHtutional 
 interposition of the crown > and in the words 
 of the fame lawyers in the fame opinion, I draw 
 the other part of the conclufion, that, " all 
 " thofe dominions, fuch as have been lately ac- 
 " quired, or (hall hereafter be acquired by con- 
 " quefl, muft all, both as to property as well 
 <c as dominion, veft in the crown, by virtue of 
 " its own prerogative, and confequently the 
 E 2 " com-,
 
 [ 2? ] 
 
 C( company can only derive a right to them 
 t( through his Majefry's grant." I beg here to 
 repeat that I underftand this in the fenle only as 
 above defcribed in the distinction between po- 
 litical and perfonal property. 
 
 Under this diftincTion, I fay, not only from 
 the authority above, but from the authority of 
 reafon and demonftration, that it is not only ne-r 
 cefTary refpecYmg the property, but what the 
 government ought to do of right refpecling the 
 due order of government that it fhould make, 
 in the cafe above defcribed, territorial grants of 
 the dominions, \vhere fuch may be lawfully 
 granted^ and as fuch (hall be reasonably advijed, 
 according to the claim of right which the com- 
 pany hath on one hand, and according to law 
 and the conftitution on tfie other. 
 
 The government mutt alfo either minifter 
 and execute thefe powers of fovereignty (thus 
 referved in the crown) by itfelf and its own 
 officers and fervants ; or create and add to the 
 powers of the charter a new office autho.rifed to 
 execute the powers and adminifter the rights 
 which it may thus delegate. 
 
 I alfo who really think, from the experience 
 of all times, from the time of Tyre and Sidon 
 to the prefent, that the greateft evil arifes " when 
 " traders become prince 's, and merchants Jo* 
 "vereigtis :" and who, by deduction of experience 
 in like cafes, do not think that thefe powers 
 
 and
 
 [ *9 J 
 
 and rights (to be held and exercifed at the dif- 
 tance of the Indies) retained in the immediate 
 hands of the crown will add fuch power and 
 influence to the crown here as fome apprehend 
 and fear do think it right, that the fovereignty 
 and dominion fhould remain in the crown, to 
 be executed by the crown, while the property 
 and all the rights, privileges and franchifes 
 fliould be confirmed and more fully eftablimed 
 in the company. 
 
 But in whatever hands thefe powers are to 
 be veiled, or however executed and adminiflered, 
 let us try and examine of what ipirit they are, 
 that we may from thence decide what ought to V 
 be the fpirit of fuch adminiilration. 
 
 Although the fovereignty of the native go- 
 vernment of the country within the bounds of 
 the dominion of the Eaft India company is 
 abolished and annihilated, yet the forms and 
 orders, the offices, and oflenfible officers of the 
 government remain the tenure of the lands re- 
 mains as it did the rents and revenues as they 
 did ; the ftate of rights perfonal and political, 
 the rule of government, fuch as they were ; the 
 fovereign power and diredlion however, the ab- 
 folute military command, the abfolute perpetuity 
 of right in the revenues, the protection of that 
 creature of the company,the otlenfible fovereign, 
 is held under a very jealous and exclufive power 
 in the hands of the company : Although it J 
 fuffers the government to be exercifed by the v 
 
 nominal
 
 [ 3 1 
 
 nominal officers of the ftate -yet it is the 
 holder of the ftate in its own hands. This 
 iituation of the Indian ftate, and this eftablith- 
 ment of the European STATE-HOLDER is 
 the precife predicament of the cafe under con- 
 ^deration. 
 
 Thefe circumftances of the ftate, and this 
 eftablifhment of the STATE-HOLDER, hath 
 arifen from, and (lands founded on various cef- 
 fions and negociations, at various revolutions - t 
 upon the whole tenor of the treaties of peace 
 which have been concluded on circumftances 
 brought on by force of arms. 
 
 The precife ftate and predicament therefore 
 of that fovereignty which hath thus ariien, and 
 muft primd injlantid> veft in the crown, is that 
 of becoming STATE-HOLDER to a province, of 
 which the government is left in its old form and 
 ftate, and is ftill exercifed upon its old rules of 
 adminiftration, and by its old officers of ftate 
 and police, 
 
 Whether therefore the government keeps 
 this power in its own hands, or delegates it into 
 the hands of the Eaft India company, if it acts 
 os what it M, (which is the only rule of all 
 moral and political action) it muft act as ftate- 
 bolder it muft retain the fole and executive 
 power and command of the army it muft pre- 
 fide with a certain degree of controle over the 
 eftablifhment and execution of the civil officers 
 
 of
 
 [ 3 3 
 
 of the ftate : -and, to this end, it muft of right 
 hold and poiTds, as it doth the revenues of the 
 public: it muft protect the dominions from with- 
 out, and fupport the government in vigour and 
 efficiency within, leaving to it all its own forms, 
 rules, civil eftablifhmen's, rr> -v^nltnts, and 
 actions, free and intire. It becomes alfo, by its 
 prefiding and controling power, the duty of this 
 Hate-holder to protect and maintain the people 
 in their psrfons and in their rights. It muft, 
 as the primary caufe for which it exifts, alfo 
 protect the Eaft India company in all its pro- 
 perty, its rights, privileges, and francbifes. 
 
 If it were in the fpirit of our government to 
 take a precedent from the experience of hiftory, 
 I would vviih to lay before them the conduct of 
 old Rome towards Macedonia and lilyricum. 
 I take it from the words of a decree of the fe- 
 nate, made upon an occafion fuch as the prefent 
 
 cafe exhibit;-. Omnium primum liberos effe 
 
 piad'bat Macedonas atque lllyrios^ ut omnibus 
 gentibus appareret, arrna populi Rornani, non 
 liber is fer^itutem^ fed contra SERVIENTIBUS 
 LIBERTATEM AFFERRs ; ut et in libertaic 
 gentes qua effent^ tutam earn Jibi perpetuamque 
 fab tuteld populi Rornani ej/e ; & quce fub regi- 
 bus viverent, & in pr&fem tempui MITIORES 
 EOS, JUSTIORESQ^TE refpeSlu populi Romani 
 babere fe. u It is refolvcd, in the firft place, 
 " That the Macedonians be and continue free. 
 " That it may be known to all nations, that the 
 '* Roman arms do not impofe flavery upon free 
 
 t people :
 
 t 3* ] 
 
 ** people : but on the contrary afford and refs 
 tl ftore liberty to thofe who have been reduced 
 " to flavery : that thofe nations who were and 
 * c are in a ftate of freedom, may hold for the 
 " future that freedom, fecure and pepetuated 
 " under the patronage of the Roman people : 
 <c and that thofe who have lived under monarchs 
 " may from the prefent moment find thofe their 
 " mailers, more juft and more moderate thro* 
 rc the refpedl with which they mufl lock up 
 <c to the fpirit of Juftice and moderation in the 
 " Roman people." And accordingly when 
 Paulus ,/Emilius, in confequence of this decree, 
 eftabliQied the Roman provinces in Greece 
 Omnium primum liber os effe jubet Macedonas^ ha- 
 bentes urbes eafdem agrojque^ utentes legibus fuis y 
 annuos creantcs magiftratus \ tributum> dimidium 
 ejus quod pependijjent regibus pendere popuh 
 Romano. " In the flrft place, by the power and 
 " authority of his command, he declared the 
 <l Macedonians tobe and confirmed them a free 
 people^ having and holding, in the fame 
 * manner as they were accuftomed, their civic 
 ** rights and landed property j ufing and enjoy- 
 c ing the fame laws, under the adminiftration 
 <c of magistrates created annually by themfelves: 
 * and as to tax or tribute, paying but a half- 
 " fubiidy to the Roman people, where they 
 <l uied to pay a whole one to their kings." 
 
 Under fuch a fpirit of dominion the fubjecl: 
 ftate would remain, not by its will alone obe- 
 dient t but by its gratitude affectionately attached 
 
 to
 
 [ 33 3 
 
 to the fovereign ftate. It would remain in 
 peace, becaufe the fovereign ftate could have no 
 motive for difturbing,but every intereft in main- 
 taining that peace. It would remain quiet and 
 clear of all cabals, becaufe no individual perfon 
 nor no party could find its intereft, but on the 
 contrary, would rifque every danger in forming 
 fuch cabals j which cabals it would be the in- 
 tereft of the fupreme ftate to crufh in their firft 
 movements^ A people in this fituation would 
 remain in a fettled eftablifhment, becaufe they 
 could have no motive for a change. The fo- 
 verdgn power of the fupreme government 
 would be fixed and permanent : the fubject 
 ftate would be eftablifhed in psace and the full 
 enjoyment of its rights and capacities. Under 
 fuch circumftancesofthe community whereby 
 the individuals found themfelves protected in. 
 their perfons and infured in their property 
 Vvhere the community in general was under a 
 certainty of freedom in the direction of its in- 
 duftry in perfect liberty as to the difpofal of 
 its produce fure of enjoying the profits of that 
 produce- the genuine fpirit of a landworking, 
 manufacturing, trading people, operating in a 
 fine climate on a rich country, would come 
 forward in every effect of productive induftry $ 
 and would become, to a commercial ftate that 
 had the government and protection of it, an in- 
 exhauftible mine of true profit, deriving in an 
 increafing influx of ufeful, not an overflowing 
 deluge of destructive riches. The gradual ac- 
 cretion of money thus deriving, nurture?, and 
 F extends
 
 t 34 ] 
 
 extends the induftry ; and forms and raifes the 
 powers of a nation : the latter plethorick influx 
 becomes a dijeaje, which, deranging the fcale of 
 proportion in all value, creates obftrudions and 
 conglomerated inequalities j breaks out inluxury 
 among the great j in fpeculating tricking at- 
 tempts in making hajie to be rich amongft the 
 middling traders, and in idlenefs and a total diflb- 
 lution of all principled fubordmation in the body 
 of the people. This falie ftate of inflated health 
 in the nation raifes in the mind of government 
 an infolent phantom of power, which is known 
 to its neighbours to be weaknels abroad, but 
 which ends by corruption in tyranny at home. 
 
 Over and above that, it is thus our intereft to 
 form thefe external acquifitions into fuch efta- 
 blimments j juflice calls for iome fuch meafure as 
 this to be executed. Some fuch meafure as this 
 is the only atonement that the nation can make 
 for the crimes which have been fuffered, hitherto 
 with impunity, to be committed by a part of it. 
 
 Since I wrote the foregoing, the government 
 of this country hath adop-ed a meafure perfectly 
 fuited to, and what might be fo modelled as to 
 become a bafis of, the very meafure recom- 
 mended in this paper It hath by act of parlia- 
 ment appointed and eftablifhed a governor ge- 
 neral, and four counfellors, in whom it hath 
 veiled all the p.^wer civil and military of the 
 prefidency of Fort William in Bengal ; alfo the 
 ordering, management, and government of all 
 
 the
 
 [ 35 1 
 
 the territorial acquifitions and revenues in the 
 kingdoms of Bengal, Bahir and Onffa , with a 
 fuperintending and controlmg power over th 
 Jfidenci of Madras, Bombay, an II ten- 
 coolen : With a fupreme power of mak.i 
 war or peace, and alfo of making and .fliimg 
 7ul ? finance., and regulations for the good 
 order and civil government of the fett ement at 
 Fort William if Bengal, and other factories and 
 Jlaces fubordinatc, or to be fubordinate thereto 
 and to fett, impofe, and levy reafonabk fines 
 and forfeitures for the breach or noo-obfcrvanc* 
 of luch rules, ordinances and regulat.ns In 
 the fame manner the king H ..m powered to 
 eftablifo a fupreme court of judicatore for the 
 town of Calcutta, and the jaBory at Fort 
 Wlliam, and the limits thereof and jactones 
 Subordinate thereto. 
 
 I foeak not here of this meafure as it refpeas 
 
 and may refpea, thole places reduced to and 
 
 becomef.n their eftablifl,ment and , pol.ty, . Bnofl. 
 
 communities-My reafonmg only tonfiJ e it 
 
 as it refpeas the government of * P^o 
 
 over a (ubordinate country, fuppofed however at 
 
 the fame time to retain te own mttrnal coaftW 
 
 turional polity. Viewing it m that light, 1 lay, to 
 
 far as this meafure affames a fupreme, fujer- 
 
 intending, and controling power, iupennduced, 
 
 cb dtn^mr, but not <' x 'g wlt V^ coun 
 ing the internal powers or, the laws of tl c 
 tr y, or profaning (in the fente , wh,ch he peo- 
 ple of that country conceive to be prophanmg)
 
 the national cufloms civil or religious \ fo far as 
 it holds and duly colle<5ts the public revenue* 
 by rules, though ftricr., yet fixed and known, 
 and fuited to the nature of the iources of that 
 revenue, inftead of collecting the fruit in a man- 
 ner that has well nigh deftroyed the tree. So 
 far as it holds, wields and directs, in thele iubor- 
 dinate countries, the power of the Jword to the 
 purpofes of external protection and internal 
 peace, to maintenance of the {late of which it is 
 the (late-holder ; fo far is it neceffary, wife and 
 beneficent. So far as the fupreme judicature 
 (hall act as a court remedial, by the general prin* 
 ciples of common juftice^ accommodated in their 
 application to the cufloms under which the cha*- 
 r after of the people is formed, to the laws which 
 form their civil morality is conduct ed^ and main- 
 tains this juftice afcendant under the protection 
 of the Britifli government : Thus far it may be 
 made one of the greateft blefTings which a 
 reigning government, having political freedom 
 within itfelf, can communicate to a people un- 
 der its dominion : but if the adminiftration of 
 iuftice, and the executive power following it, 
 doth or e ver ft all derange the grounds of the 
 old national cuftoms., or thejpirit of their civil 
 moral ty, or the orders and cafh by which the 
 people as a nation are divided and arranged^ doth, 
 cr ever ft all interfere with, and crofs upon I be 
 fundamental laws of the nafion, it will tear up 
 ail law by the roots, and under the cruel delu- 
 fion of juftice, plant the moft wicked of all def- 
 potifcp in the extreme. 
 
 if
 
 I 37 3 
 
 Ifthatfupreme treafury^ which muft necef. 
 farily become the ultimate repofitory, as the re- 
 fervoir of all the revenue, (bould, inftead of fuf- 
 fering the fruit to grow by its natural procefs, 
 inftead of collecting it as only the furplus which 
 the people can fpare over and above what is ne- 
 ceffary to the fupport of the labourer, to the 
 maintenance of the ftock of the manufacturer, 
 and to the payment of the intereft of money 
 employed to conduct the trade and commerce 
 of the whole, fhould> under ignorance in this, . 
 (rue policy, attempt to profit in the exertion of 
 tbe vague \ undefcribing, inapplicable terms of 
 the Britijlj municipal /aw, go to fevere and ex-* 
 treme execution of Exchequer or Admiralty 
 proceedings^ there is not a miferable wretch, 
 whether rich or poor, who will not from that 
 moment loole all right and fecurity both in his 
 property and perfon, all comfort, reft, and even 
 hope in his exiftence, 
 
 "'.- ' 
 If the governor general, council, or judges 
 
 under any the like 'wilful or ignorant perver- 
 iions, (hould ever extend the controling and 
 fuperintending power of the predominant ftate 
 veiled in them to perfons and places, <wbicb, 
 though Jubordinate to their factories, are yet 
 municipal in tbemjelves, by affuming to make 
 rules, ordinances, and regulations, which, while 
 they fupercede the laws and cuftoms of the 
 fubordinate community, cannot apply but in di- 
 re dt Defpotifm ; that fupreme imperlum iiohich 
 the Britiffi nation means to hold in tbe afcen- 
 
 dant 
 
 354734
 
 [ 38 3 
 
 dant over the Indian government, 'will be the 
 moft tranfcendant curje of dejpotifm. But if, 
 on the contrary, according to the true intent and 
 meaning of the Britifh legiflature ; according to 
 the fpirit of the Roman precedent; the law 
 eftablifhing an afcendant government in Bengal, 
 Bahar and OriiTa,* fhall be fo explained and 
 amended, That while this government holds 
 the fword, it exercifes that power only by inter- 
 nal exertion in aid of the national government, 
 or by protection againft external violence. If, 
 while as a real protector and judge, it gives re- 
 medy and relieves by equity the unavoidable 
 hardmips which ftrict law occafions j if, while 
 it exercifes this fuperceding, it leaves undifturbed 
 and uninterrupted the national and cuftom and 
 civil morality confequent thereupon : If, while 
 it looks only to the colleclive revenue, it fuffers 
 the induftry of the country to apply its labour 
 in its own way, and fuffers the Bee (if I may fo 
 exprefs myfelf) to collect and (lore and poffefs 
 its own honey in its own combs, until the ftate 
 calls for that part which the hive can fpare, and 
 which doth and fhould go to the fupport of 
 ^ government. It will make the community pro- 
 ductive in its labor, and happy in the enjoyment 
 of the fruits of that labor. An ingenious, in- 1 
 duftrious, thrifty people, thus made happy, will 
 in return be constantly producing, by a fu- 
 perlucration of profit in manufactures and com- 
 merce, a conitantly increaling revenue, the 
 fource of abundant, permanent wealth and 
 power to the ftate. 
 
 Nor
 
 f 39 ] 
 
 Nor is it of the laft confideration to coniider, 
 that where juftice and benevolence become the 
 beft policy, as it evidently does in this cafe of 
 our Indian dependencies, there is nothing in 
 which the actions of a great nation can approach 
 fo near to an all-gracious Providence, as in giving 
 and difpenfing fuch powers of government to a 
 nation under its protection, as to make that 
 people happy, from whom in wealth and power 
 it derives all the fruits of that happinefs. 
 
 That the British nation may feel difpofed fo 
 do, and that the government of that nation may 
 do what is at the fame time for its honour and 
 intereft to do, that is, provide for the happinefs 
 of a meritorious people, who deferve every thing 
 from it, and who abfolutely depend upon it, is 
 the fervent wifh and prayer of him, whofe zeal 
 for the peace, liberty, and happinefs of man- 
 kind at large, and not any party fpirit, any 
 views of intereft or even vanity, hath led to 
 write and publim this argument. 
 
 F I N I S.
 
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