But this supreme controuling power being thus centrically situated, with respect to the several subordinates, as that it shall at all times hold a ready and speedy correspondence with each, will be thereby enabled to effectually superintend, enforce, and controul the execution of political government in that whole dominion. For, in the first place, the ready and speedy communication with all the subordinates, affording to the supreme power an opportunity of obtaining, from each, the most early intelligence of every transaction, incident, or occurrence; as likewise of immediately transmitting the orders and instructions, that may be suitable to the occasion; will cut off from the several governors of the territorial dominions all pretext for acting discretionally. And, in consequence, that despotic and arbitrary power, which hath subsisted under the Company’s system, will be completely suppressed. And, from adverting to this circumstance, we shall perceive the importance of a proper choice of situation, for this supreme center of government.
In the second place, this ready correspondence with all the subordinate governments, enabling the supreme power to acquire a minute and complete knowledge of every circumstance, respecting the state and nature of the general police, in this whole dominion, will qualify it for originally planning, and for afterwards improving, all such designs and measures as can contribute to the institution of regularity and good order. It will likewise attain an intimate knowledge of the whole manoeuvre of finance, respecting the mode of collecting as well as appropriating the revenue and taxes: and it will be thereby enabled to project judicious forms, with different offices, as mutual checks upon each other, in that branch: which will serve to remedy that incredible extortion, rapine, and peculation: which, by ruining the farmer of the lands, hath almost totally suppressed agriculture, and greatly depopulated those miserable countries; whilst it hath grievously defrauded the sovereign of his right. And all these planned modes, being approved and confirmed by the sovereign, would be continued in vigorous and perpetual action, by the vicinity of the supreme political power: and all these several measures, being enacted into laws, the strict observance of them would be effectually enforced by the same vicinity. And thus, that supreme power will, not only establish, but perpetually conserve a just regularity in police, and an exact oeconomy in finance.
In the third place, the supreme judicial power will, by its neighbourhood to these dependent dominions, acquire a just knowledge of the modes, customs, and dispositions of the inhabitants; and, by that, it will be enabled to devise the best forms or offices, together with skilful rules for administring the jurisdiction, in a manner truly effectual, and at same time consonant and agreeable to the humour of the subject. It will likewise be capable of afterwards improving and adding to these forms and rules, as future occasion may require, or better information may suggest. All which forms or offices may, by the approbation of the sovereign, be established into standing courts; and the rules enacted into laws. And a punctual observance of all these laws enacted, either for the regular administration of justice, or conservance of the police, will be completely enforced, by the awe of this supreme tribunal: the communication with which, from all parts of that dependent dominion, being easy and speedy, will afford a ready access and opportunity to all the subjects, of presenting their complaints, against any oppression of their government, or denial, or perversion of justice: whilst the same ready communication will render the trial of all litigated cases, speedy and easy. A mighty innovation this, from the former mode of justice in those dominions; when it was impossible for even Europeans to obtain redress, in our distant precise European courts, against the most glaring oppression of government: and the natives were excluded from even that distant and deceitful prospect of remedy.
And in order that the course of justice may be rendered thoroughly complete, it may be enacted, after the manner of the Dutch, that no person, who hath held any office of power or trust within the subordinates, shall depart immediately from thence for Europe; but shall be obliged to repair to the supreme residence; there to remain for three months; to the end that any person or persons who may, by any means, have been restrained, during the existence of his office, from preferring their complaint against him, on the score of either public or private trespass, may there have the free opportunity of prosecuting him.
The supreme political power shall immediately appoint to all offices, as well political as military, within the subordinate governments; with reference held to the future approbation, and confirmation, of the sovereign: and it shall preserve regular minutes of all such appointments, orders, and other transactions made in its supreme capacity; which minutes, together with regular and properly vouched accounts of the collection, as well as the appropriation of the revenue, shall be punctually transmitted, by every occasion, to the sovereign. The judicial power shall likewise keep an exact register of all trials, causes, and proceedings; more particularly those of the grand inquest and assizes: this latter to be signed by all the judges and officers of the court, and attested by the foremen, with a majority of the juries: two copies of which shall be regularly transmitted to Britain; one to the sovereign; and the other to the Company; which, as holding a material interest and share in these law proceedings, hath a claim to such participation of knowledge. All which minutes, accounts, and proceedings, being communicated to the sovereign, will enable him to act as an ultimate check on the political government, the finance, and the jurisdiction of that Indian dominion.
Such is the form of this intermediate power, through which I propose to convey, into the execution of government in those distant Indian dominions, that plenary exertion of the sovereign’s restraining and compelling power, which, alone, can suffice to prevent tyranny and anarchy. And notwithstanding the materials are, through hurry and want of time, rude, unpolished and coarsely arranged, yet do I flatter myself, that candour will allow them to be solidly good, proper, and fully sufficing to construct, at least, the groundplot, or basis, of a regular political system. Sure I am, the high propriety, nay the indispensable necessity of such a measure, must immediately strike every person who employs his own judgment, however slightly, to consider, first, the nature, interests, and views of the executive government in those Indian dominions; as being foreign, deputed, mutable, and temporary. Second the timid, passive, and slavishly submissive disposition of the native subjects. And third, the distance of situation, betwixt the sovereign residence, and the scene of government; which, rendering the immediate restraint and constraint of the sovereign perfectly impotent, confers on this foreign executive deputation an unlimited and arbitrary power, of promoting its own personal views and interest, by measures, which tend to the intolerable oppression of the wretched inhabitants, and the utter ruin of those subjected countries; as well as to the mighty detriment of Britain’s dearest interest, and the blackest reproach to her reputation. Nor can all this be remedied or prevented, but by such a measure as is here proposed.
And now we shall take a slight glance at the operation of this measure, on the jurisdiction, and police, of the subordinate dominions. And though, for the sake of perspicuity, we confine the view to Bengal alone, as being the most eminent part, yet will the effects be equally felt through the whole.
As to the fundamental establishments of Governors, Councils, &c. these are sufficiently obvious; as likewise are the proper chambers of revenue: and these, with the minutiæ appointments of inferior offices, will be more properly provided and improved, by the better judgment, true information, and future experience of the supreme controuling power. Here we mean to offer only one or two hints on the mode of jurisdiction and police.
And first, with regard to the courts of justice, I should propose that the mayor’s court at Culcutta should still subsist, as a court of equity for the whole country: and a most equitable court it is, if properly regulated: for the truth of which assertion, I appeal to all those who knew it previous to that alteration of the Company’s charter of justice, which rendered it dependent on, and subservient to, the Governor and Council: never was justice more exactly or more expeditiously administered, than it was by this court, previous to that alteration. In order therefore to restore it to its primitive utility, it ought to be restored to its original state. Let the judges or aldermen, who at present compose it, continue such: being servants to the Company, or free merchants, they must be unconnected with, and uninfluenced by the national government. And, in the case of death, or removal, the vacuum to be supplied by the court itself, from amongst the Company’s servants, or free merchants only: and if any alderman shall, subsequent to entering on his office, accept of any post or place under government, let that be an express disqualification and vacation of his office; which is to be immediately made good, by the choice of another person, properly qualified. The newly elected aldermen to be presented, for acceptance, to the supreme court of judicature only. And the officers of this court to be chosen by itself.
But as it would be impossible for the mayor’s court to dispatch all the business that might be brought before it, there ought likewise to be a court of law; consisting of a chief justice, with three judges; to be appointed by the sovereign. And this court should guide itself, by such laws as may be enacted for the jurisdiction of those countries; otherwise by equity.