A Short View of the Laws Now Subsisting with Respect to the Powers of the East India Company: To Borrow Money under their Seal, and to Incur Debts in the Course of their Trade, by the Purchase of Goods on Credit, and by Freighting Ships or other Mercantile TransactionsPulteney, William
History
A Short View of the Laws Now Subsisting with Respect to the Powers of the East India Company: To Borrow Money under their Seal, and to Incur Debts in the Course of their Trade, by the Purchase of Goods on Credit, and by Freighting Ships or other Mercantile Transactions
Pulteney, William
East India Company -- Appropriations and expenditures; East India Company -- Rules and practice; Great Britain -- Commercial policy
By act 23 Geo. II. c. 22. § 5 and 6. the Company was authorized to
convert part of its bond debts into annuities, to the amount of
4,200,000_l._ but it is declared that its power of borrowing granted by
former acts should continue in force, but that the amount of the annuity
should be computed as part of what they were empowered to borrow.
In consequence of this last act, the Company did convert 2,992,440_l._
or near _three millions_ of their bonds into annuities, and they owe
besides, by bonds under their common seal, 2,898,124_l._ so that the
total amount of their bonds and annuities is 5,890,564_l._ which is
109,436_l._ under the six millions which they are entitled to borrow by
bonds and annuities.
In the course of the Company's trade, they have been in the practice,
like all other merchants, of purchasing goods upon credit, and of
contracting for ships upon freight, and only advancing a part of that
freight 'till after the voyage was compleated. It was impossible for
them to carry on their trade in a proper manner in any other way, for if
they had paid ready money for all their goods, and advanced the whole
freights, they would have been exposed to imposition in the quality of
the goods, and to misconduct in the freighters of the ships, without
retaining in their hands a proper sum to repay such damage as the
Company might suffer by the hands of the freighters or merchants.
It never therefore was supposed that the Company transgressed the
statutes which restrained their power of borrowing under their seal to
six millions, by carrying on their trade in the way of purchasing goods
on credit; and indeed if this had been meant, the law would and ought to
have allowed them a more extensive power of borrowing; for it is certain
the Company's fortifications in India have cost more than _three
millions_, and the nature of their trade in India requires that they
should always have to the value of at least _three millions_, in goods
and cash, or what is called quick stock, employed in India for making
their investments, (including the cargoes afloat going out and coming
home) so that here is the whole sum which they are allowed to borrow,
disposed of in India, besides the value of the goods which they must
always have in their warehouses at home, to the amount of more than _two
millions_.
If it had been therefore the intention of the Legislature to restrain
the Company from purchasing goods on credit, or from incurring freights
or other such debts, and that their whole debts of every kind should not
exceed six millions, it is very plain to those who are versant in
mercantile transactions, and who know the state of this company's trade,
that they could not have carried on their affairs in such a manner as
they have done, nor have rendered the trade of India so great an object
as it is, to this commercial kingdom.
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