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
whole fabric of BRITISH INDIA grew out of a principle of advancing _the
public welfare_, and was not an edifice raised merely for the separate
welfare of _the Company_, every private interest comprehended in that
fabric is, by every acknowledged maxim of State, public right, and
consistency, subordinate; and must be determined by the security of the
public good.
2. _A right to retain in perpetuity certain essential rights of
sovereignty, after the present delegated sovereignty of the Company
shall have reverted to the Crown._--Although this pretension is a
contradiction in terms, yet the assertors of it entertained no doubts of
its reality. They claimed for the Company, in their permanent capacity
of a trading body corporate, a right "_to appoint governors, to build
and maintain forts, to muster forces by sea and land, to coin money, and
to erect Courts of Judicature_[16]," even after they shall have lost
their power of administering the Government of India; and this claim is
renewed for the Company at the present day[17]. There is in this
pretension so radical an ignorance of _the nature of sovereignty_, that
it is inconceivable how it could have been entertained by any one, who
had ever given a thought to the subject of law or government. The powers
here enumerated, are essential prerogatives of sovereignty; which may
indeed be delegated for a time by authority of Parliament, but can never
be granted in full property by the Crown. In order to appoint governors,
it is first necessary to be invested with the power of government. The
same power is manifestly necessary, in order to be able _legally to
raise or muster any force by sea or land_, either for defence, or for
any other military service. And it is acknowledged, that _the power of
government_ has never been granted to the East India Company, _but with
limitation_. In the grants of Bombay and St. Helena, the Company is
certainly empowered to erect forts, and to raise and employ forces; but
by the same grants they are invested with the powers of Captain General
in order to that end; virtually in the first, and _expressly_ in the
second. Will it be imagined, that they are to retain the authority of
_Captain General_, after their powers of _government_ shall cease? And
if not, it must be evident, that their authority over forts, and all
their military power, must determine, whenever their delegated power of
Captain General shall determine. It would be an insult to any reader,
who has ever cast his eye even on the elementary Commentaries of Sir
William Blackstone, to insist upon a truth so obvious and simple. With
regard to the _erecting of Courts_, no such power is given in any of the
Charters produced in evidence. The Crown erects the Court, and the power
granted to the Company is, and necessarily must be, limited and
subordinate. The _true cause_ of that extraordinary error, is plainly
this: the Charters of King William and Queen Anne, upon which they rest
Public-domain text, read in full here on John Shaqi.
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