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
these pretensions, conferred at one and the same time (as has been
already observed), both their corporate capacity and their exclusive
privilege. The assertors of those _permanent sovereign rights_, not
discriminating, by the principles of things, between the several powers
conferred in those Charters, have confused the provisions; and have
construed all the powers above enumerated, which by their nature could
only appertain to them as _delegated Sovereigns_, to belong to their
capacity of an _incorporated Company_. And, under this illusion, they
have imagined, that those powers are annexed to that perpetuity of their
corporate body which was first enacted in 1730, and confirmed in the 33d
year of the present reign; and that they do not constitute a part of
those powers of government, which have been conferred upon them, from
time to time, by their exclusive Charters. As this construction is
entirely arbitrary on the part of the Company, and as it is unsupported
by the principles either of law or sound reason, it will be best refuted
by the authority of Parliament.
3. _A right to exclude all British subjects from the Company's Indian
ports, after their own exclusive privilege shall be expired._--This
right has been claimed in the following words:--"Although their
exclusive right to the trade, and their power of administering the
government and revenues of India, were to be determined, they would
still remain an incorporated Company _in perpetuity_, with the
_exclusive_ property and _possession_ of Calcutta and Fort William,
Madras and Fort St. George, Bombay, Bencoolen, and St. Helena, and
various other estates and settlements in India. Whether, in the event of
the sole trade being determined, individuals would be able to carry on a
successful trade to India, _if the Company were to debar them the use of
their ports and factories_, may require a serious consideration[18]."
This is a claim, not only to a _practical_ exclusive trade, after the
right to exclusive trade _expressly granted_ by Parliament shall cease
and determine, but involves also claims of perpetual sovereignty. It is
incomprehensible, how it could be alleged by a writer who, in the
preceding page, had pointedly excepted from their powers, that of
converting the trade into "a _mischievous_ monopoly[19];" for, what more
_mischievous_ form could monopoly, or an hostile sovereignty, assume,
than that of excluding all British individuals from the chief ports and
seats of trade in India? By this alleged right, the grants of Charters
and the provisions of Parliament would be reduced to an absurdity. But
as this is a claim of _private right_ to cause a _public wrong_, it
cannot fail particularly to engage the consideration of Parliament.
The rights _alleged by the Company_ at the present day, are these:--
Public-domain text, read in full here on John Shaqi.
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