The Letters of Gracchus on the East India QuestionMiles, William Augustus
History
The Letters of Gracchus on the East India Question
Miles, William Augustus
East India Company; India -- Politics and government -- 1765-1947
1. _To be a Body Politic and Corporate, with perpetual
succession._--This right has been confirmed by various succeeding
Charters and Statutes. But there are some observations, which it is
important to make upon this subject. The first Charter, granted by Queen
Elizabeth, in 1601, to the first or London East India Company, created
_both its corporate capacity and its exclusive privilege, to continue
for a term of fifteen years_; but it provided, that, in case it should
not prove beneficial to the Public, the _whole of the grant_ might at
any time be determined, upon two years notice given to the Company. The
succeeding Charters of James I. Charles II. James II. and William and
Mary, conferred, in the same manner, both the corporate capacity and the
exclusive privilege; and though they did not, like the former, fix a
term for their duration, yet they rendered the _whole grant_
determinable upon three years notice. No provision is introduced into
any of these Charters, to make the corporate capacity outlast the
exclusive trade. When the principle of "_a more national, general and
extensive trade to India_," declared in the Charter of the 5th of
William and Mary, had been followed by the measure of creating a General
Society of Merchants, and of erecting _a New Company_, the advocates for
that measure took particular care to show, "That the Old Company, in
reciting their Charters, had _forgot_ to mention the _provisos_ therein,
viz. that the respective Kings of England, who granted them, reserved a
discretionary power to _make them void_ on three years warning[9]." This
observation did not apply to their exclusive privilege only, but
extended equally to their corporate capacity; both being determinable by
the same warning, because both were derived from the same grant, the
whole of which grant was made liable to that determination,
notwithstanding their corporate capacity was to enjoy "_perpetual
succession_." Hence it is manifest, that the perpetuity conferred by the
Charter was not perpetuity of exclusive trade, or political power, but
of _corporate succession_. But perpetual succession in a body corporate,
does not imply perpetuity of duration, but merely _uninterrupted_
succession of the individuals who compose it; which every corporate body
must possess, whatever may be the term of its duration, in order that it
may become, and may be able to perform the acts of, _a legal person_.
Public-domain text, read in full here on John Shaqi.
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