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
2. _A right to acquire and possess lands, tenements, and property of
every kind; and to dispose of the same, under a Common Seal._--This
right was conferred by the Charter of the 10th of King William; but by
Stat. 3 G. 2. c. 14. § 14. the Company's estates _in Great Britain_ were
limited to the value of 10,000l. per annum. In virtue of this right, the
East India Company were empowered to settle "_factories and
plantations_," within the limits of their exclusive trade. The Charter
of William, indeed, adds also "_forts_," with the power of "_ruling,
ordering, and governing them_;" but that this privilege cannot attach
upon their corporate and _permanent_ capacity, will presently be made to
appear. Fortresses and fortifications cannot, from their nature and use,
become absolute private property; being part of the public defences of
the Empire, they are (to speak with Lord Hale) "_affected with a public
interest_, and therefore _cease to be juris privati only_[11]." The
building a fort is an act done, in its nature, by virtue of a sovereign
authority, and is therefore the dereliction of the private right of
property for a public and general purpose. In asserting for the Company
a _private_ right to forts and fortifications, the Company's advocates
have therefore fallen into an extreme error, from not discriminating
between the rights which necessarily belong to their _delegated
sovereignty_, and those which can alone be annexed to their _commercial
corporation_. And this brings us to the consideration of
§ 2. The _alleged_ permanent rights of the Company, which require to be
considered under _two_ descriptions, viz. rights _alleged for them_ at
the expiration of their last exclusive Charter, and rights _alleged by
them_ at the present moment, with a view to the renewal of their present
Charter. _These_ are the rights, or more properly the pretensions, which
have been pronounced by GRACCHUS, "absolutely unmaintainable, and
incompatible with the freedom of British subjects;" and not their true
legitimate rights, as the writer of a letter under the signature of
PROBUS has chosen to assume.
The rights _alleged for them_ were these:--
Public-domain text, read in full here on John Shaqi.
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