The Present State of the British Interest in India: With a Plan for Establishing a Regular System of Government in That CountryAnonymous
History
The Present State of the British Interest in India: With a Plan for Establishing a Regular System of Government in That Country
Anonymous
Bengal (India) -- Politics and government; Great Britain -- Colonies -- India -- Administration; India -- Politics and government -- 1765-1947
“Whereas it appears, that the want of a proper legislative authority
over the ministers and servants, employed by the Company to execute the
sovereign government of these subjected dominions, must be productive of
many abuses, detrimental as well to the interest of the Company, as to
the honour and interest of the British nation. Be it enacted by &c.
that, from the time of passing this act, the Company shall possess the
power of legislation, or making laws, for the government of this foreign
dominion: and the laws thus enacted by the Company, shall be equally
binding on all her ministers, servants, and subjects, in that dominion,
as are the acts of parliament on the subjects of Britain. And being
farther sensible of the many inconveniences, that must arise from the
Company’s incapacity of punishing the offences committed by her
ministers, and servants abroad, otherwise than by applying to courts of
justice that are foreign to her government; where she cannot convict,
through the difficulty of obtaining the evidence required by the forms
of these courts; and where she is deterred from prosecuting, by the fear
of divulging the secrets of her government; insomuch that, rather than
apply to these courts, she must submit to the most audacious acts of
disobedience, and maladministration; and considering that such
incapacity in the Company must discourage all good government, and
produce tyranny and anarchy in this dominion; be it enacted, that the
Company shall have authority to erect courts of justice, and appoint
judges; with the like powers, as are vested in his majesty’s judges, and
courts of judicature, for trying and judging all suits and causes, or
offences committed within the limits of this Indian dominion; and for
punishing the same, either capitally, or by fine, imprisonment, and
banishment, though to Europe only. And whereas it is probable, that some
of the ministers or servants of the Company may, by various methods,
elude the justice of her courts abroad, and escape to Europe; in order
therefore to prevent such dangerous illusion of justice, it is enacted,
that the Company’s court of directors shall, on due information being
made to them, have power at all times to call before them such escaping
delinquents, and to try and punish them, for the offences they may have
committed within the limits of this Indian dominion, in like manner as
they could have been tried or punished by the Company’s courts abroad.
And because the liberty of appealing from the Company’s courts of
justice, to the judgment of any other courts, must be productive of the
same inconveniences to the Company, as a trial of the same cause in the
first instance would have been, and must therefore deter the Company
from ever availing herself of the judicial powers granted by this act;
it is enacted, that delinquents shall have no liberty of appealing from
the Company’s courts abroad, excepting to the Court of Directors at
Public-domain text, read in full here on John Shaqi.
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