Chapter III: Part 3

However, it would be still more vain to look for any good from that extravagant fancy of joining the Company, with government, in this sovereign charge. What quota of powers, proper to her and wanting to government, can the Company contribute, to render her a necessary or useful associate with government, in this sovereign charge? I doubt not that the proposer’s intentions were good and honest: but his scheme would be so far from promoting his or any one good purpose, that it would produce the very opposite effects. For, instead of checking and contrasting, it would serve, in the first place, to furnish, in the Directors and their governors, a convenient cloke of excuse to ministry and its governors, with the nation; whilst ministry and its governors would serve the Directors and their governors a like good turn with the proprietors: they would mutually vouch for and screen each other; neither would be responsible, and neither would act; and thus, between stools, &c. in the second place, commercial despotism which, by separating the Company from the powers of government and the consequent jealousy of privilege, must have been completely suppressed, would, under this double-headed monster, flourish with redoubled vigour: the national governors would, by their connection with the Company’s, become merchants as well as tyrants; and the Company’s governors would, by their power in the government, continue tyrants as well as merchants: and thus the candle would burn at both ends. In the third place, the Company which, by being excluded from the powers of government, would have contributed so essentially in the nature of a middle state to the establishment of a regular political system in those countries, must, by being joined in the execution of government, entirely lose that virtue: instead of supporting liberty, she would join in promoting tyranny; and would still continue a ruinous pest to those countries. Indeed that strange partnership of Nation and Co. in this sovereignty business, is a cure infinitely worse than the disease.

In short, there is no alternative: if Britain means to preserve the possession of that mighty benefit derived from dominion and commerce in India; if she means to prevent the absolute ruin of the Company, and her creditors; if she hath any regard to the loud cry of oppression sent forth to her for a series of years, by her numerous wretched subjects in those countries; and means to save them from final destruction, she must furnish their government with a sovereign, or head, properly qualified to administer it: for this is the foundation, as well as the crowning of all good government; it is the center upon which the machine revolves, from which every line issues, and in which every line terminates; it is _sine qua non_, for without it no regular government can exist. And what proper sovereign can Britain furnish to that dependent dominion, unless it be her own sovereign government?

We have shown that the nation and her supreme government are perfectly equal to the charge: to them there is not the smallest difficulty in supporting it. Neither is there the smallest difficulty to her executive government or ministry, provided it shall possess an ordinary share of spirit, activity, or enterprize; and shall proceed with sincere and upright intention. For, a regular form of government being once established abroad, and a properly digested office or department formed at home, the business would go on with great smoothness and facility to ministry.

Nevertheless, as I have assumed the liberty of prescribing in this important and almost desperate case, I am sorry, that a sincere regard to the welfare of the patient should compel me to add, (by way of concluding on this head,) that, unless ministry shall act upon a principle, and with a spirit, extremely different from that which it hath hitherto discovered in this business, it would be much more adviseable to continue the charge in the hands of the Company: for it can be but ruined under her. However, in strong hopes of a melioration in these respects, which depends altogether on the will of government, I shall proceed to disclose that plan, which, in the hands of a properly qualified sovereign, would, I doubt not, serve to establish a regular system of government in India.

Footnote 1:

As it is impossible to exactly ascertain the annual amount of this
private remittance made through various channels, it will no doubt be
alledged, that we have exaggerated this article; and yet we have
certain ground to affirm, that it is greatly underrated. Sure I am, if
we can suppose that the amount of such remittance made from 1757 to
1770 hath been in any degree equal to that of the two following years,
(which is ascertained,) and we have no reason to suppose that there
hath been any considerable difference, the sum assigned by us will be
greatly under mark. For no sooner did the English Company, in 1770,
open her treasury, to receive money for remittance to Britain, than
there was poured in at her three capital settlements above 1,400,000
l. for which bills were granted, presented, and accepted by the
Company, and nearly two thirds of this sum was borrowed in Bengal. And
in 1771 she hath borrowed in Bengal alone, under the promise of
remittance, a sum perhaps exceeding the whole loan of the former year;
though the bills have been postponed by her agents in Bengal, on
account of the Company’s inability to answer them. Such was the
remittance of British private fortunes for these two years, through
the channel of the English Company alone: and we have good reason to
suppose, that there may have been some made through other channels.
And these enormous sums, borrowed by the Company, as sovereign, for
the expence of Bengal, in these two years, will serve to show the
mighty alteration of affairs in that country since 1765.

A PLAN, FOR ESTABLISHING A REGULAR SYSTEM OF POLITICAL GOVERNMENT IN
INDIA.

We have before observed, that the second cause why these restraining and impelling powers, which alone can prevent tyranny and anarchy, have been altogether wanting in the Company’s system of government, appears to be the distance of situation, betwixt the sovereign residence and the country governed. And we shall here add that, if national government should adopt the same system, this distance would operate, under it, effects the same in nature as these under the Company; and nothing but the difference in other circumstances, betwixt the national government and Company, could prevent these effects from being likewise equal in degree. For it is evident that, if the executive government of the nation should, as the Directors have done, preserve to itself the charge and power of immediately superintending and controuling the execution of government in that Indian dominion, the distance of situation would create to that government an equal impossibility of advising and directing measures, of enforcing the execution or observance of orders, and of preventing or restraining abuse: consequently, in the immediate execution of all measures, the national governors would possess the same unlimited power, as the Company’s governors have done. And the only advantage to that Indian government, from national governments assuming from the Company the charge of administering it, would arise from the following circumstances. First, the superior retrospective or _ex post facto_ authority of national government, enabling it to judge and punish the maladministration, or disobedience of its ministers. Second, The superior inclination or disposition of national government (arising from its perpetual interest in the property) to exert itself in promoting proper measures. Third, The suppression of commercial despotism. And fourth, The existence of the Company as a middle state betwixt the natives and their foreign government. All which innovations, arising from national government’s taking upon itself the administration of this Indian government, though they are indispensably necessary and highly conducive to the establishment of a regular political system, yet do we perceive that they, singly and unsupported, cannot suffice to create that due proportion of restraint on the power, or of impulse on the will of the deputed executive government, which is absolutely necessary to the perfect suppression of tyranny, anarchy, and abuse. Nor is it possible to complete this restraint and impulse, to that sufficing degree, unless by a proper exertion of the sovereign’s own supreme influence.

But we find that, upon the Company’s system, the distance of situation renders the influence of the sovereign altogether impotent to this effect: and if we should take it for granted that her system hath been just or complete, then must we conclude, that this sovereign impotence is a consequence naturally and unavoidably arising from the distance; and, therefore, above the remedy of art. But, if we consult our own reason, we shall perceive that the Company’s impotence, in that particular respect, proceeded from a radical defect or error in her system; which might have been remedied by art. For, it is evident, that the distance of situation was in every circumstance similarly and equally obstructive to the Company’s immediately or personally executing the government of that Indian dominion, as it was to her immediately restraining or enforcing the manner of execution: and yet we find that the Directors could discover a remedy for the first of these obstructions, by the succedaneum of appointing a deputed executive government. And, as the second sprung from the same cause, and was exactly similar in its nature, common sense must surely have instructed her, that it was to be removed by a similar remedy; it being certain that, if the Directors had thought proper to institute in India a deputation properly qualified to controul their executive deputation, the measures of those Indian governments might have been enforced or retrained by the sovereign rending in Europe, as effectually as they have been executed by the same sovereign: that is to say, as effectually, as the defective constitution of the Company, (which equally disqualified her for controuling as for executing,) could admit.

But it could not be ignorance, or want of common sense, that prevented the Directors from instituting a controuling deputation of this nature: seeing they had before them the precedent of these other European nations, who hold any possessions in India: all of whom have provided something of this kind: for instance, the Dutch government at Batavia. Sound policy quickly pointed out to the Dutch, the absurdity of committing the charge of their dispersed concerns in India, to a multiplicity of distinct heads, all acting under no other constraint, or restraint, than that of the Company’s Directors residing in Europe. Therefore, so soon as the Dutch Company began to extend her possessions in India, she instituted one supreme government at Batavia, with full powers, and authority, to direct and controul the executive government of all her other settlements. And this government acts in India as an intermediate power, betwixt the Company residing in Europe, and her various possessions in that distant country; and as the perpetual residentiary supervisor of all her interests there. The Directors communicate all their purposes immediately to it; and it disperses orders and instructions to all the subordinate governments; which again transmit to it a regular account of their situation, wants, or transactions. All governors, chiefs, &c. are immediately responsible to it: all appointments to, and removals from, office in the subordinates, are made immediately by it: and all complaints or appeals, against the misconduct or injustice of these governors, are immediately addressed to it. In fine, it may be termed the center of the Dutch government in India. And though this government can in no shape be termed the complete model of a deputation, fit to controul or enforce the execution of sovereign government, in various territorial dominions; yet, to this institution, defective as it is, the Dutch owe it, that the government of their numerous subordinate possessions in India hath been conducted, for about two hundred years, clear of any enormous abuse.

But if the Dutch and other European nations, which hold little other concern in India than a few settlements established there for the purpose of commerce, found it necessary, for the regular management of these commercial concerns, to institute a sort of intermediate supreme power, as a local check on the rest of their settlements: how much more incumbent was it on the English Company, to constitute an immediate directing and controuling power, over the conduct of her deputies, who were entrusted with the charge of executing the sovereign government, of sundry mighty states; a charge of such superior intricacy, weight, importance, and delicacy; and so very liable to be abused.

What may have been the motive of the Directors for thus wilfully omitting an institution so evidently useful and necessary, I shall not pretend to determine. Possibly they might apprehend that if, upon their acquiring this mighty sovereign dominion, they should alter that which had been all along their commercial system, such alteration might induce the nation to enquire into the cause of it, and so discover the nature of their dominion, which they have ever carefully hid from the public. Though, it is more probable, they might perceive, that the institution of such an intermediate power would greatly interfere with their own personal influence, power, and emoluments; seeing it must have possessed the immediate disposal of places and posts, as well as a considerable share in the direction of affairs: and, in order to prevent this, they preserved to themselves the power, of immediately superintending, and directing, the execution of government in those Indian dominions.

But whatever the motive of the Directors may have been, it is certain, that the want of a deputed controuling power in India, hath been a radical and grievous defect in their system: which hath produced a number of those evils that have been falsely ascribed to the distance of situation. And though we are far from alledging, that it was possible for the Company to establish in those countries a government in any degree regular, seeing that the numerous natural defects in her constitution, unavoidably producing many destructive abuses, must have ever proved an insuperable obstacle to that; yet do we affirm that, the institution of a duly qualified intermediate controuling power, would have totally prevented some, and would have greatly diminished most, of these enormous abuses which, upon the system of the Directors, have served to ruin those countries.

Now we have seen that the national government would, by taking upon itself the charge of administring that Indian government, remedy or suppress all the abuses that have sprung from the defective constitution of the Company, (besides creating other circumstances of high utility, that could not exist under the Company’s government.) And as the distance of situation, preventing the sovereign from immediately exerting his supreme influence over the deputed executive government, is the only remaining cause of evil or abuse; it is plain that, if it is possible to construct in India, a deputed power, upon such principles, as that it shall effectually and completely supply the place of the sovereign, in immediately directing, enforcing, and controuling the measures of the deputed executive government, then must the only obstruction to the establishment of a regular political system, be remedied and removed. Consequently the grand _desideratum_, the only thing that is wanting, to enable the national government of Britain to regularly administer the government of those Indian dominions, is the institution of a deputed controuling power in India, properly qualified to fulfil the purposes that have been here specified.

And that it is possible, to constitute an intermediate power in India, that shall effectually and faithfully direct, enforce, and controul the measures of the deputed executive government in those Indian dominions, I doubt not to evince: though, at same time, I am fully sensible of the many real difficulties, arising from nature and circumstance, to obstruct it; as likewise of the many artificial difficulties proceeding from the endeavours of those who have an interest to obstruct such a measure; and who have influence to enforce their objections, however futile, on the understanding of others.

But before we proceed to describe the plan upon which we mean to construct this controuling deputation, it will be necessary to explain the extent of its charge, or number of the government’s composing that dominion which it is meant to controul. For tho’, in our description of the Company’s government in India, we confined our account to that of Bengal alone, as being the most important and best known part of her dominion; yet doth the Company possess, besides Bengal, certain other territorial governments, of no small value and importance, in respect of either revenue or commerce. All which governments being formed upon the same system as that of Bengal, do not less demand reform, supervision, and controul.

For, in the first place, the government of Madrass possesses a very considerable and valuable territorial dominion, avowedly in the name and right of the Company. This same government doth likewise, in every thing beside the name, possess the absolute sovereignty of that rich commercial province of Arcot, or the Carnatic, in which it is situated: for, notwithstanding it tolerates a nominal Nabob, whose name it uses in most acts of government; and who, consequently, for the Company’s convenience, possesses the shadow of sovereignty; yet, as the government of Madrass holds the charge of defending the country, and maintains the military force requisite thereto, it is the actual sovereign: seeing that, in all Indian or Asiatic governments, he who holds the sword must be the absolute lord and master. And, notwithstanding all the Company’s parade of appearances, this Nabob of Arcot is, in respect of sovereign power, as much a pageant as he of Bengal: a mere screen or blind, placed before the Company’s sovereignty.

Bombay is likewise embarked in dominion, since it seized on the rich commercial city of Surat, with its district, &c. Though sound policy must direct Britain to reprobate all territorial dominion on that side of the peninsula; as causing a dangerous division and weakening of her force and defence.

But the same policy will instruct Britain to regard dominion on the east side of that peninsula in an opposite light; because, on that side lay all the truly valuable dominions which she already possesses.

To fully explain what is the true interest of Britain, respecting territorial dominion in India, would be, here, foreign and tedious; and, to slightly touch on that subject, might afford ground for censure and criticism: we shall only observe, in the general, that Britain ought to value only such dominion in India as is maritime: because, in the first place, these are ever trading and manufacturing countries; and, as such, are highly useful to her proper commerce; they are likewise capacitated, by their own active foreign trade, to richly reimburse her for her expence of native strength in defending them, as well as for her trouble in governing them: and, in the second place, being accessible to her naval force, they are easily maintained and defended by her. Therefore, so much of this maritime dominion as she can maintain and defend, without creating any additional expence of native strength; and, upon a footing so connected with that truly valuable dominion which she already possesses, as not to cause any dangerous division of that original strength, so much of this maritime dominion in India may be truly useful and advantageous to her; on any other terms it may be detrimental.

Such is the present state of British dominion in India: and such is the interest of Britain, with respect to future augmentation of dominion in that country. And we have undertaken to plan the construction of an intermediate power or deputation, which, under the national government of Britain, shall effectually and faithfully superintend, enforce, and controul the measures of these several governments that, at present are, or in future may be, subjected to Britain: and which deputation shall of course, in the first place, enable the national government of Britain to establish a regular system of political government over this whole present or future dominion: and, in the second place, shall constitute a complete system of military government, and secure defence, for all the several branches of this dominion. At present we are on the subject of political government.

The properties requisite to qualify this intermediate power, or deputation, for effectually superintending, enforcing, and controuling the political government of dominion in India, are, first, virtue and integrity, to faithfully and honestly discharge the duties of its office: and, second, power or ability, to effectually fulfil the purpose of its institution. The latter is more easily conferred; but the former is rendered difficult, by sundry obstructions, arising from the nature or disposition of the persons who must necessarily be employed to compose this deputation. For it is needless to observe, that this controuling power cannot be lodged in the subjects native of the dependent dominion; the nature of the government, as well as the nature of their disposition, rendering that impracticable; (as hath been shewn): otherwise this difficulty might be more easily surmounted. But, the Indian subjects being set aside, there remains no choice; this controuling deputation must, _per_ force, be composed of British born subjects: whilst the several governments, which it is meant to controul, are at same time executed by British born subjects. And, from this circumstance, it follows, that the personal interest of the party controuling must naturally be the very same, with that of the party controuled: and, of course, the views of both must likewise be the same.

This similarity or sameness of personal interest and views it is that creates the difficulty of conferring virtue, integrity, honour, and fidelity, on the controuling deputation. For it is morally certain, that the similarity of interest and views will, naturally and invariably, draw the party controuling, to concur and join, instead of controuling or opposing, the measures of the party executing, (seeing such measures tend to promote that which is their common interest) provided that this party controuling shall possess the power, and opportunity of so joining interest, with the party executing. And it is no less certain, that this controuling deputation must, unavoidably, possess the opportunity of thus joining interests, unless it can, by some means, be prevented and restrained from joining and uniting the action of its own proper powers, with the action of these powers that are proper to the executive office. Whereas, if it shall be found possible to divide and separate the action of these two different powers, the one from the other, in a manner so distinct, that each shall act, in the sphere assigned to it, with freedom and liberty; and neither shall have the opportunity of transgressing the limits prescribed, to its own proper department, by the sovereign; then, and in such case, it is not only possible, but certain, that this controuling deputation may, and will be, prevented from joining interests, with the executive deputation; and, consequently, from promoting the very measures which it was meant to restrain. And, from thence I conclude, that the only possible and certain means of conferring, on this controuling deputation, virtue and integrity to faithfully and honestly discharge the duties of its office, is to cut it off from all opportunity of joining the powers of its office, with those of the executive; or of assuming any share in the executive government: in other words, it must be restrained from interfering, either directly or indirectly, personally or by proxy, in the immediate execution of measures, in any one of these governments which it is meant to controul.

But it is evident that, if this controuling deputation shall exist or reside within any one of those dominions whose government it is meant to controul, it will be morally impossible to prevent it from joining its powers, and, consequently, its interests, views, and measures, with the deputed executive power of that government where it resides. For, by virtue of its authority, which from the nature of its office must needs be supreme over the executive deputation, it will usurp at least a part if not the whole power of execution: or otherwise it will, by consent, join and unite its powers with those of the executive, in order to promote their mutual interest, by measures diametrically repugnant to the purpose of its institution. Nor is it possible, in this case, by any art, device or separation into parts, to prevent this usurpation or union: let the controuling power be termed judges, supervisors, officers of the revenue, or what else; and let the office of controuling be divided, into as many parts as can be conceived; still, the difference of term, will not alter the nature of the men employed; nor will the division of parts separate their interest. All the various persons, composing this office, will still be Europeans; the same as these who compose the executive office; and so, all the persons in both offices will be foreign to the country governed, acting by an authority which is deputed mutable and temporary; consequently they will all hold the same view; which is, to amass all the money they can during the short term of their office, in order to transport it to their own country: and as all of them would, by virtue of their residing within the same government, possess the same powers, and the same opportunities of exerting them, they would all be irresistably attracted, by the omnipotent sympathy of self-interest, to join their several powers, in promoting that which is the common view of one and all of them. In fine, if these controuling and executive deputations, which thus, from the community of the _natale solum_, hold one and the same interest, shall both reside together in one and the same government, and thereby possess the same opportunities, it will be equally impossible to prevent these two deputations, however artfully separated into parts, from joining and uniting their different powers, &c. as it is to preserve separate the guttæ of quicksilver; which, however gently and carefully they are dropt upon the same confined and smooth surface, will meet, join, and conglobate into one united mass. But if the controuling deputation shall be thus permitted to join its powers with these of the executive, and consequently forfeit its virtue and integrity, with respect to that one territorial government where it resides, it thereby becomes disqualified and unfit to controul the measures of any one other government: for the judge who is himself corrupt, is but little qualified to judge or punish corruption in others. I therefore conclude that, in order to preserve the virtue and integrity of this controuling deputation, it is indispensably necessary that it should not reside within the limits of any one of these territorial governments; these being the governments which it is meant to controul.

On the other hand, it is equally certain, that this controuling deputation cannot execute in person, or assume any personal share in the execution of measures, in any one of those governments where it doth not actually reside; it being impossible that it can act personally where it is not personally present. It therefore follows that, by situating or placing this controuling deputation at a sufficiently proper distance from all these several territorial governments, it may be prevented from assuming a personal share in the immediate execution of measures in any one of them. And being thus, by the situation of its residence, cut off from all opportunity of acting personally, it may likewise be precluded from acting secondarily, or usurping by proxy any influence, in the immediate execution of these governments, if it shall, after the manner of the Dutch government at Batavia, be strictly prohibited from exercising its supervising authority any where without the limits of its own fixed residence; and from delegating or deputing its powers to any person or persons, its own members or others, who shall reside, or may be beyond these prescribed bounds. For though the system of the Dutch government at Batavia is, in many respects, far too rude and unpolished; yet is it, in this particular, most nicely circumscribed: that government being restrained, in the most precise manner, from delegating and transferring its authority; or from deputing any power to examine into cases, of even the most dubious nature, within the subordinates: but to obviate any inconvenience, that might otherwise arise from such restraint, it hath a power to call before it, from the subordinates, all persons or records necessary to information. For the Dutch were well aware, that the supreme government, if it should be permitted to carry its supervising authority on any pretext into the subordinates, would gain an occasion of interfering in the execution of those measures which it was intended to controul.

We must then perceive, that this controuling deputation being seated at a properly sufficient distance from all these territorial governments, and the exercise of its powers being expressly confined to that particular seat of residence, it will, by such means, be effectually restrained from interfering, in any shape, either directly or indirectly, in the execution of any one of those governments which it is intended to controul. And we must farther perceive that, by virtue of such effectual restraint, that clear separation of office, which alone can prevent the junction or union of the powers, interests, and views of this controuling deputation with those of the executive, will be completely accomplished. Seeing that, the action of the controuling power being strictly confined within the limits of its own proper sphere, the executive power must remain at full liberty to act distinctly and freely in the office assigned to it by the sovereign.

The principal source of corruption, and grand stumbling block of virtue, being thus removed, the integrity of this controuling deputation may be established on a firm and solid basis, by skilfully dividing the parts which go to compose it: and, in particular, by clearly separating the political and judicial powers: which, if they shall be judiciously divided into two distinct departments, mutually independent and uninfluenced, will, each of them, act as an effectual check, and powerful impulse, on the other: so as to prevent either from abusing its authority, or neglecting its duty. Whereas, if the political power should, at same time, possess the power of judging, trying and determining, or should even possess any influence over the judicature, there is danger that it might, on some occasions, sacrifice its duty to its interest. And this is the very capital error of the Dutch system at Batavia, inasmuch as that government, possessing the judicial power, hath thereby the opportunity of perverting justice, sometimes to the prejudice of its constituent, and often to the detriment of its subordinates.

Nor would we be here understood to signify, by judicial power, a simple court of judicature, established for the purpose of deciding litigated cases of property; the judicial power here meant, must extend to every thing that respects a due execution of the jurisdiction and police, in the subordinate governments. Therefore its authority must not be passive, and confined to such matter as shall come before it by complaint; but it must be active, assuming cognizance of all public nuisance, trespass, or delinquency, that may be brought before it by information. For, here, juries may exist with great propriety and efficacy, seeing that the Company will, on account of her commerce, keep a number of servants at this supreme settlement; there will likewise be, no doubt, many free merchants (as they are termed): and, consequently, there will never be wanting a choice of persons unconnected with, and uninfluenced by the political government; and therefore fit to form a grand inquest; as well as petit or special juries, to decide in either criminal cases, or disputes of property. And this judicial power must farther be endued with all proper and necessary officers; particularly an attorney general: it must likewise be divided into distinct courts; resembling, as nearly as circumstances will admit, or occasion requires, the courts of justice in the sovereign country.

Nevertheless, we do not presume to dictate or prescribe the exact or complete form of this judicial power: we would only hint at the main purposes of its institution; a due consideration of which will readily suggest the particular form, to those whose province it may be to construct it. We shall only observe that, in order to confer a due weight on the judicial power, it is not sufficient that it should be independent, in its corporate capacity; the judges and officers composing it must, in their personal capacity, be placed as far as possible beyond the influence of the political power. The salaries annexed to their offices must be such as will afford dignity, as well as independance: whilst, on the other hand, they shall be debarred, under the severest penalties, from holding, either directly or indirectly, any place, post, emolument, or employment, of any nature, distinct from that of its own proper department. Moreover, the political power should hold no voice in conferring the degrees of this department: that should be vested in the judicial power itself, with reference to the confirmation of the sovereign.

This judicial power may be termed the supreme Court of Judicature, for the whole British dominion in India: to which all the subjects, under the several governments, whether natives or Europeans, may readily appeal, against the oppression of their governors, or the perversion of justice: and, on which they may securely depend for redress; provided it shall be placed above the influence of the political power. This supreme court of judicature would likewise be of inexpressible utility, as a check on the power, and an impulse on the will, of the political branch.

We may add, that a judicious subdivision of the political power, into different departments, might contribute considerably to its virtue.

These are the outlines of that measure, by which we propose to preserve this controuling deputation free from corruption: and we doubt not but, upon this plan, when meliorated and improved by the superior understanding of others, a controuling power may be constructed, which shall be completely qualified, in point of virtue and integrity, to faithfully and honourably superintend, enforce, and controul the execution of political government in those Indian dominions. And this is, by far, the most difficult, delicate, and important part of the undertaking.

For, as to the power and ability, requisite to qualify this deputation for effectually fulfilling the purpose of its institution, that is readily bestowed. The degree of power is altogether in the disposal of the sovereign. And, its efficacy or ability depends, principally, upon the choice of such a situation for the seat of its residence, as shall enable it to keep up, at all seasons, a ready and speedy correspondence with the several subordinate governments,

With regard to the choice of situation proper for the residence of this controuling power; (which is indeed a point of high importance,) we shall readily conceive, from adverting to its nature and the purposes of its institution, that this residence ought to be some convenient sea port; situated at a considerable distance from the limits of all these territorial governments; but, at same time, so centrically near to each, that the communication, to and from it, shall, in either monsoon, be not only practicable, but certain and speedy. I shall reserve the farther explanation of this intended seat of residence, till I come to treat of the military system; because there are some properties, particularly requisite to a proper centre of military defence: and it is proposed that the same power, and consequently the same residence, that superintends the political government, should likewise direct the military government and defence, of this dominion.

But this supreme controuling power being thus centrically situated, with respect to the several subordinates, as that it shall at all times hold a ready and speedy correspondence with each, will be thereby enabled to effectually superintend, enforce, and controul the execution of political government in that whole dominion. For, in the first place, the ready and speedy communication with all the subordinates, affording to the supreme power an opportunity of obtaining, from each, the most early intelligence of every transaction, incident, or occurrence; as likewise of immediately transmitting the orders and instructions, that may be suitable to the occasion; will cut off from the several governors of the territorial dominions all pretext for acting discretionally. And, in consequence, that despotic and arbitrary power, which hath subsisted under the Company’s system, will be completely suppressed. And, from adverting to this circumstance, we shall perceive the importance of a proper choice of situation, for this supreme center of government.

In the second place, this ready correspondence with all the subordinate governments, enabling the supreme power to acquire a minute and complete knowledge of every circumstance, respecting the state and nature of the general police, in this whole dominion, will qualify it for originally planning, and for afterwards improving, all such designs and measures as can contribute to the institution of regularity and good order. It will likewise attain an intimate knowledge of the whole manoeuvre of finance, respecting the mode of collecting as well as appropriating the revenue and taxes: and it will be thereby enabled to project judicious forms, with different offices, as mutual checks upon each other, in that branch: which will serve to remedy that incredible extortion, rapine, and peculation: which, by ruining the farmer of the lands, hath almost totally suppressed agriculture, and greatly depopulated those miserable countries; whilst it hath grievously defrauded the sovereign of his right. And all these planned modes, being approved and confirmed by the sovereign, would be continued in vigorous and perpetual action, by the vicinity of the supreme political power: and all these several measures, being enacted into laws, the strict observance of them would be effectually enforced by the same vicinity. And thus, that supreme power will, not only establish, but perpetually conserve a just regularity in police, and an exact oeconomy in finance.

In the third place, the supreme judicial power will, by its neighbourhood to these dependent dominions, acquire a just knowledge of the modes, customs, and dispositions of the inhabitants; and, by that, it will be enabled to devise the best forms or offices, together with skilful rules for administring the jurisdiction, in a manner truly effectual, and at same time consonant and agreeable to the humour of the subject. It will likewise be capable of afterwards improving and adding to these forms and rules, as future occasion may require, or better information may suggest. All which forms or offices may, by the approbation of the sovereign, be established into standing courts; and the rules enacted into laws. And a punctual observance of all these laws enacted, either for the regular administration of justice, or conservance of the police, will be completely enforced, by the awe of this supreme tribunal: the communication with which, from all parts of that dependent dominion, being easy and speedy, will afford a ready access and opportunity to all the subjects, of presenting their complaints, against any oppression of their government, or denial, or perversion of justice: whilst the same ready communication will render the trial of all litigated cases, speedy and easy. A mighty innovation this, from the former mode of justice in those dominions; when it was impossible for even Europeans to obtain redress, in our distant precise European courts, against the most glaring oppression of government: and the natives were excluded from even that distant and deceitful prospect of remedy.

And in order that the course of justice may be rendered thoroughly complete, it may be enacted, after the manner of the Dutch, that no person, who hath held any office of power or trust within the subordinates, shall depart immediately from thence for Europe; but shall be obliged to repair to the supreme residence; there to remain for three months; to the end that any person or persons who may, by any means, have been restrained, during the existence of his office, from preferring their complaint against him, on the score of either public or private trespass, may there have the free opportunity of prosecuting him.

The supreme political power shall immediately appoint to all offices, as well political as military, within the subordinate governments; with reference held to the future approbation, and confirmation, of the sovereign: and it shall preserve regular minutes of all such appointments, orders, and other transactions made in its supreme capacity; which minutes, together with regular and properly vouched accounts of the collection, as well as the appropriation of the revenue, shall be punctually transmitted, by every occasion, to the sovereign. The judicial power shall likewise keep an exact register of all trials, causes, and proceedings; more particularly those of the grand inquest and assizes: this latter to be signed by all the judges and officers of the court, and attested by the foremen, with a majority of the juries: two copies of which shall be regularly transmitted to Britain; one to the sovereign; and the other to the Company; which, as holding a material interest and share in these law proceedings, hath a claim to such participation of knowledge. All which minutes, accounts, and proceedings, being communicated to the sovereign, will enable him to act as an ultimate check on the political government, the finance, and the jurisdiction of that Indian dominion.

Such is the form of this intermediate power, through which I propose to convey, into the execution of government in those distant Indian dominions, that plenary exertion of the sovereign’s restraining and compelling power, which, alone, can suffice to prevent tyranny and anarchy. And notwithstanding the materials are, through hurry and want of time, rude, unpolished and coarsely arranged, yet do I flatter myself, that candour will allow them to be solidly good, proper, and fully sufficing to construct, at least, the groundplot, or basis, of a regular political system. Sure I am, the high propriety, nay the indispensable necessity of such a measure, must immediately strike every person who employs his own judgment, however slightly, to consider, first, the nature, interests, and views of the executive government in those Indian dominions; as being foreign, deputed, mutable, and temporary. Second the timid, passive, and slavishly submissive disposition of the native subjects. And third, the distance of situation, betwixt the sovereign residence, and the scene of government; which, rendering the immediate restraint and constraint of the sovereign perfectly impotent, confers on this foreign executive deputation an unlimited and arbitrary power, of promoting its own personal views and interest, by measures, which tend to the intolerable oppression of the wretched inhabitants, and the utter ruin of those subjected countries; as well as to the mighty detriment of Britain’s dearest interest, and the blackest reproach to her reputation. Nor can all this be remedied or prevented, but by such a measure as is here proposed.

And now we shall take a slight glance at the operation of this measure, on the jurisdiction, and police, of the subordinate dominions. And though, for the sake of perspicuity, we confine the view to Bengal alone, as being the most eminent part, yet will the effects be equally felt through the whole.

As to the fundamental establishments of Governors, Councils, &c. these are sufficiently obvious; as likewise are the proper chambers of revenue: and these, with the minutiæ appointments of inferior offices, will be more properly provided and improved, by the better judgment, true information, and future experience of the supreme controuling power. Here we mean to offer only one or two hints on the mode of jurisdiction and police.

And first, with regard to the courts of justice, I should propose that the mayor’s court at Culcutta should still subsist, as a court of equity for the whole country: and a most equitable court it is, if properly regulated: for the truth of which assertion, I appeal to all those who knew it previous to that alteration of the Company’s charter of justice, which rendered it dependent on, and subservient to, the Governor and Council: never was justice more exactly or more expeditiously administered, than it was by this court, previous to that alteration. In order therefore to restore it to its primitive utility, it ought to be restored to its original state. Let the judges or aldermen, who at present compose it, continue such: being servants to the Company, or free merchants, they must be unconnected with, and uninfluenced by the national government. And, in the case of death, or removal, the vacuum to be supplied by the court itself, from amongst the Company’s servants, or free merchants only: and if any alderman shall, subsequent to entering on his office, accept of any post or place under government, let that be an express disqualification and vacation of his office; which is to be immediately made good, by the choice of another person, properly qualified. The newly elected aldermen to be presented, for acceptance, to the supreme court of judicature only. And the officers of this court to be chosen by itself.

But as it would be impossible for the mayor’s court to dispatch all the business that might be brought before it, there ought likewise to be a court of law; consisting of a chief justice, with three judges; to be appointed by the sovereign. And this court should guide itself, by such laws as may be enacted for the jurisdiction of those countries; otherwise by equity.

Appeals from this court of law, as well as that of equity, to be made immediately to the supreme court of judicature; and from thence to his Majesty in council.

If it is thought proper, there might be another mayor’s court, of the same nature, established at Cossimbuzar, in the neighbourhood of the old capital, Maxadavad.

And as to the forms, for the more universal distribution of justice to the natives, these will be adjusted by the supreme supervising power; as before mentioned. We shall only observe, that their courts of Zemindary and Cutchery are, as they stand at present, a grievous nuisance.

But the noblest institution for protecting the liberty and property of the subject, from the extortion and oppression of their foreign government, and of its inferior train of native harpies, who are infinitely more rapacious than the Europeans, would be that of juries, properly constructed. Let the grand inquest of the country be held at Culcutta, four times in the year: and let the juries, both grand and petit, be expresly composed of Company’s servants, or free merchants, Europeans, and none others: the judges of law, or at least two of them, to sit on the assizes: the sheriff to be chosen annually, from amongst the Company’s servants.

The powers of this grand inquest, if adapted to the situation of things, must be enlarged beyond these of our juries in Britain; where there are judicial and political aids, that must be wanting in those countries: for instance, the enquiry must not be confined to place, but must extend every where through the country: it must likewise have authority to bring before it all manner of nuisance or trespass committed against the liberty or property of the subject, natives as well as Europeans. And the judges should have no power to reject or postpone the bills, found by the grand jury: but should bring them on to decision, in turn, as presented. Moreover, as the extent of enquiry may render it impossible for the more distant defendant to appear with his evidences, during the sitting of that assize to which the bill hath been presented against him; let summons be issued, upon the bill’s being presented, for such distant defendant to appear at next assizes; or let some other method be found, either by means of the grand jury’s meeting a sufficient time before the commencement of trials, or by some extraordinary power vested in the judges or sheriff to produce such distant defendant with his evidences in due time. And as this same extent of enquiry may, on the other hand, produce inconvenience to the subject, by affording occasion to litigious persons of distressing others, by bringing them from a great distance to these assizes, on frivolous or ill grounded complaints, it may be ordered that, where the cause shall appear to the court truly litigious, the plaintiff shall be bound over to stand suit at law, for damages to the defendant: and, one or two examples, of this nature, will prove a barr to frivolous litigation.

And least the judges should, by any means, be influenced to act that part which the Company’s governor and council commonly act, when they absurdly preside at these assizes, as his Majesty’s judges in their own cause; namely, to dismiss the Court, so soon as the grand jury shall find a bill that may be disagreeable to them; it may be ordered that neither the judges, nor any officer of the Court, shall have power to adjourn the assizes, until all the trials shall be decided; or, otherwise, by the consent of a majority in both juries.

The principal check however upon the conduct of these assizes, would be that of obliging the Court to keep exact registers, of all trials, and proceedings; signed and attested, as before mentioned. And if any part of either jury shall except to the authenticity of such register, which shall be publickly exposed in the Court, then, such dissenting part shall have a right to protest, and assign its reasons. Three copies of which register, with protest, (if any,) shall be dispatched, by the earliest occasion, after each assize. One copy to the supreme Court of Judicature, which will, thereby, have the earliest notice of any abuse; and, with the concurrence of the supreme political power, shall have the opportunity of immediately correcting it. A second copy shall be transmitted to the sovereign; who will act as an ulterior check on the supreme controuling power. And a third copy to the Company for the reasons before specified.

But, as this single inquest at Calcutta cannot possibly carry justice to the extremes of that extensive country, circulating assizes may be held, at least once, or if possible twice a year, at Muxadavad as the center, and at Patnah as the northern extreme; two judges to go this northern circuit: and the other two judges to go on an eastern circuit, at Dacca. And, as there may not be a sufficient number of Company’s servants, properly qualified, to form complete juries at these northern and eastern assizes: I would propose that, to make up any such deficiency, natives should be mixed with the Europeans. Which mixture, if it shall be artfully tempered, in the following manner, would produce all the efficacy of entirely European juries; and, at same time, none of the bad effects, that might be apprehended, from an attempt to confer freedom and impartiality on juries entirely native.

Let, at least, one half of both the grand and petit juries be Europeans; and the remaining part natives: and if it should happen, that there cannot be collected, at the assize factory, and from the neighbouring inferior factories, so many Company’s servants as shall make up half the usual number of jurymen; then, let the whole number be diminished, to the sufficing half of Europeans. Let the unanimity of verdict, in such mixt juries, be dispensed with; and let the majority of voices, in either jury, find the bill or verdict; as is the custom in Scotland. And let an additional provision be made to the oath of the juryman, purporting that he shall not, on any account, disclose the opinion given by any individual, in the jury room.

By this artful mixture, and these precautions, the native jurymen would be liberated from that slavish dread, of future revenge from their own countrymen employed under government; seeing it would be impossible, for these native officers of government, to discover the particular opinion of each individual; which, if the juries were entirely native, they would infallibly do, to the utter ruin of the poor native jurymen. So that the native Jurymen, acting thus with freedom, under the cloke and protection of the Europeans, would answer all the effectual purposes of Europeans. Whilst, being sensible that they owed their freedom and impartiality, together with all the other benefits arising from juries, to their connection with the Europeans; this freedom conferred on them in the jury room, would not in the least diminish their awe and deference to government. The proceedings at these circuit assizes to be registered and transmitted in like manner as at Calcutta.