We have before observed, that the second cause why these restraining and impelling powers, which alone can prevent tyranny and anarchy, have been altogether wanting in the Company’s system of government, appears to be the distance of situation, betwixt the sovereign residence and the country governed. And we shall here add that, if national government should adopt the same system, this 107distance would operate, under it, effects the same in nature as these under the Company; and nothing but the difference in other circumstances, betwixt the national government and Company, could prevent these effects from being likewise equal in degree. For it is evident that, if the executive government of the nation should, as the Directors have done, preserve to itself the charge and power of immediately superintending and controuling the execution of government in that Indian dominion, the distance of situation would create to that government an equal impossibility of advising and directing measures, of enforcing the execution or observance of orders, and of preventing or restraining abuse: consequently, in the immediate execution of all measures, the national governors would possess the same unlimited power, as the Company’s governors have done. And the only advantage to that Indian government, from national governments assuming from the Company the charge of administering it, would arise from the following circumstances. First, the superior retrospective or ex post facto authority of national government, enabling it to judge and punish 108the maladministration, or disobedience of its ministers. Second, The superior inclination or disposition of national government (arising from its perpetual interest in the property) to exert itself in promoting proper measures. Third, The suppression of commercial despotism. And fourth, The existence of the Company as a middle state betwixt the natives and their foreign government. All which innovations, arising from national government’s taking upon itself the administration of this Indian government, though they are indispensably necessary and highly conducive to the establishment of a regular political system, yet do we perceive that they, singly and unsupported, cannot suffice to create that due proportion of restraint on the power, or of impulse on the will of the deputed executive government, which is absolutely necessary to the perfect suppression of tyranny, anarchy, and abuse. Nor is it possible to complete this restraint and impulse, to that sufficing degree, unless by a proper exertion of the sovereign’s own supreme influence.

But we find that, upon the Company’s system, the distance of situation renders 109the influence of the sovereign altogether impotent to this effect: and if we should take it for granted that her system hath been just or complete, then must we conclude, that this sovereign impotence is a consequence naturally and unavoidably arising from the distance; and, therefore, above the remedy of art. But, if we consult our own reason, we shall perceive that the Company’s impotence, in that particular respect, proceeded from a radical defect or error in her system; which might have been remedied by art. For, it is evident, that the distance of situation was in every circumstance similarly and equally obstructive to the Company’s immediately or personally executing the government of that Indian dominion, as it was to her immediately restraining or enforcing the manner of execution: and yet we find that the Directors could discover a remedy for the first of these obstructions, by the succedaneum of appointing a deputed executive government. And, as the second sprung from the same cause, and was exactly similar in its nature, common sense must surely have instructed her, that it was to be removed by a similar remedy; 110it being certain that, if the Directors had thought proper to institute in India a deputation properly qualified to controul their executive deputation, the measures of those Indian governments might have been enforced or retrained by the sovereign rending in Europe, as effectually as they have been executed by the same sovereign: that is to say, as effectually, as the defective constitution of the Company, (which equally disqualified her for controuling as for executing,) could admit.

But it could not be ignorance, or want of common sense, that prevented the Directors from instituting a controuling deputation of this nature: seeing they had before them the precedent of these other European nations, who hold any possessions in India: all of whom have provided something of this kind: for instance, the Dutch government at Batavia. Sound policy quickly pointed out to the Dutch, the absurdity of committing the charge of their dispersed concerns in India, to a multiplicity of distinct heads, all acting under no other constraint, or restraint, than that of the Company’s Directors residing in 111Europe. Therefore, so soon as the Dutch Company began to extend her possessions in India, she instituted one supreme government at Batavia, with full powers, and authority, to direct and controul the executive government of all her other settlements. And this government acts in India as an intermediate power, betwixt the Company residing in Europe, and her various possessions in that distant country; and as the perpetual residentiary supervisor of all her interests there. The Directors communicate all their purposes immediately to it; and it disperses orders and instructions to all the subordinate governments; which again transmit to it a regular account of their situation, wants, or transactions. All governors, chiefs, &c. are immediately responsible to it: all appointments to, and removals from, office in the subordinates, are made immediately by it: and all complaints or appeals, against the misconduct or injustice of these governors, are immediately addressed to it. In fine, it may be termed the center of the Dutch government in India. And though this government can in no shape be termed the complete model of a deputation, fit 112to controul or enforce the execution of sovereign government, in various territorial dominions; yet, to this institution, defective as it is, the Dutch owe it, that the government of their numerous subordinate possessions in India hath been conducted, for about two hundred years, clear of any enormous abuse.

But if the Dutch and other European nations, which hold little other concern in India than a few settlements established there for the purpose of commerce, found it necessary, for the regular management of these commercial concerns, to institute a sort of intermediate supreme power, as a local check on the rest of their settlements: how much more incumbent was it on the English Company, to constitute an immediate directing and controuling power, over the conduct of her deputies, who were entrusted with the charge of executing the sovereign government, of sundry mighty states; a charge of such superior intricacy, weight, importance, and delicacy; and so very liable to be abused.

What may have been the motive of the Directors for thus wilfully omitting an institution 113so evidently useful and necessary, I shall not pretend to determine. Possibly they might apprehend that if, upon their acquiring this mighty sovereign dominion, they should alter that which had been all along their commercial system, such alteration might induce the nation to enquire into the cause of it, and so discover the nature of their dominion, which they have ever carefully hid from the public. Though, it is more probable, they might perceive, that the institution of such an intermediate power would greatly interfere with their own personal influence, power, and emoluments; seeing it must have possessed the immediate disposal of places and posts, as well as a considerable share in the direction of affairs: and, in order to prevent this, they preserved to themselves the power, of immediately superintending, and directing, the execution of government in those Indian dominions.

But whatever the motive of the Directors may have been, it is certain, that the want of a deputed controuling power in India, hath been a radical and grievous defect in their system: which hath produced 114a number of those evils that have been falsely ascribed to the distance of situation. And though we are far from alledging, that it was possible for the Company to establish in those countries a government in any degree regular, seeing that the numerous natural defects in her constitution, unavoidably producing many destructive abuses, must have ever proved an insuperable obstacle to that; yet do we affirm that, the institution of a duly qualified intermediate controuling power, would have totally prevented some, and would have greatly diminished most, of these enormous abuses which, upon the system of the Directors, have served to ruin those countries.

Now we have seen that the national government would, by taking upon itself the charge of administring that Indian government, remedy or suppress all the abuses that have sprung from the defective constitution of the Company, (besides creating other circumstances of high utility, that could not exist under the Company’s government.) And as the distance of situation, preventing the sovereign from immediately exerting his supreme influence 115over the deputed executive government, is the only remaining cause of evil or abuse; it is plain that, if it is possible to construct in India, a deputed power, upon such principles, as that it shall effectually and completely supply the place of the sovereign, in immediately directing, enforcing, and controuling the measures of the deputed executive government, then must the only obstruction to the establishment of a regular political system, be remedied and removed. Consequently the grand desideratum, the only thing that is wanting, to enable the national government of Britain to regularly administer the government of those Indian dominions, is the institution of a deputed controuling power in India, properly qualified to fulfil the purposes that have been here specified.

And that it is possible, to constitute an intermediate power in India, that shall effectually and faithfully direct, enforce, and controul the measures of the deputed executive government in those Indian dominions, I doubt not to evince: though, at same time, I am fully sensible of the many real difficulties, arising from nature 116and circumstance, to obstruct it; as likewise of the many artificial difficulties proceeding from the endeavours of those who have an interest to obstruct such a measure; and who have influence to enforce their objections, however futile, on the understanding of others.

But before we proceed to describe the plan upon which we mean to construct this controuling deputation, it will be necessary to explain the extent of its charge, or number of the government’s composing that dominion which it is meant to controul. For tho’, in our description of the Company’s government in India, we confined our account to that of Bengal alone, as being the most important and best known part of her dominion; yet doth the Company possess, besides Bengal, certain other territorial governments, of no small value and importance, in respect of either revenue or commerce. All which governments being formed upon the same system as that of Bengal, do not less demand reform, supervision, and controul.

For, in the first place, the government of Madrass possesses a very considerable 117and valuable territorial dominion, avowedly in the name and right of the Company. This same government doth likewise, in every thing beside the name, possess the absolute sovereignty of that rich commercial province of Arcot, or the Carnatic, in which it is situated: for, notwithstanding it tolerates a nominal Nabob, whose name it uses in most acts of government; and who, consequently, for the Company’s convenience, possesses the shadow of sovereignty; yet, as the government of Madrass holds the charge of defending the country, and maintains the military force requisite thereto, it is the actual sovereign: seeing that, in all Indian or Asiatic governments, he who holds the sword must be the absolute lord and master. And, notwithstanding all the Company’s parade of appearances, this Nabob of Arcot is, in respect of sovereign power, as much a pageant as he of Bengal: a mere screen or blind, placed before the Company’s sovereignty.

Bombay is likewise embarked in dominion, since it seized on the rich commercial city of Surat, with its district, &c. Though sound policy must direct Britain 118to reprobate all territorial dominion on that side of the peninsula; as causing a dangerous division and weakening of her force and defence.

But the same policy will instruct Britain to regard dominion on the east side of that peninsula in an opposite light; because, on that side lay all the truly valuable dominions which she already possesses.

To fully explain what is the true interest of Britain, respecting territorial dominion in India, would be, here, foreign and tedious; and, to slightly touch on that subject, might afford ground for censure and criticism: we shall only observe, in the general, that Britain ought to value only such dominion in India as is maritime: because, in the first place, these are ever trading and manufacturing countries; and, as such, are highly useful to her proper commerce; they are likewise capacitated, by their own active foreign trade, to richly reimburse her for her expence of native strength in defending them, as well as for her trouble in governing them: and, in the second place, being accessible to her naval force, they are easily maintained and defended by her. Therefore, so much 119of this maritime dominion as she can maintain and defend, without creating any additional expence of native strength; and, upon a footing so connected with that truly valuable dominion which she already possesses, as not to cause any dangerous division of that original strength, so much of this maritime dominion in India may be truly useful and advantageous to her; on any other terms it may be detrimental.

Such is the present state of British dominion in India: and such is the interest of Britain, with respect to future augmentation of dominion in that country. And we have undertaken to plan the construction of an intermediate power or deputation, which, under the national government of Britain, shall effectually and faithfully superintend, enforce, and controul the measures of these several governments that, at present are, or in future may be, subjected to Britain: and which deputation shall of course, in the first place, enable the national government of Britain to establish a regular system of political government over this whole present or future dominion: and, in the second place, shall constitute a complete system of 120military government, and secure defence, for all the several branches of this dominion. At present we are on the subject of political government.

The properties requisite to qualify this intermediate power, or deputation, for effectually superintending, enforcing, and controuling the political government of dominion in India, are, first, virtue and integrity, to faithfully and honestly discharge the duties of its office: and, second, power or ability, to effectually fulfil the purpose of its institution. The latter is more easily conferred; but the former is rendered difficult, by sundry obstructions, arising from the nature or disposition of the persons who must necessarily be employed to compose this deputation. For it is needless to observe, that this controuling power cannot be lodged in the subjects native of the dependent dominion; the nature of the government, as well as the nature of their disposition, rendering that impracticable; (as hath been shewn): otherwise this difficulty might be more easily surmounted. But, the Indian subjects being set aside, there remains no choice; this controuling deputation must, 121per force, be composed of British born subjects: whilst the several governments, which it is meant to controul, are at same time executed by British born subjects. And, from this circumstance, it follows, that the personal interest of the party controuling must naturally be the very same, with that of the party controuled: and, of course, the views of both must likewise be the same.

This similarity or sameness of personal interest and views it is that creates the difficulty of conferring virtue, integrity, honour, and fidelity, on the controuling deputation. For it is morally certain, that the similarity of interest and views will, naturally and invariably, draw the party controuling, to concur and join, instead of controuling or opposing, the measures of the party executing, (seeing such measures tend to promote that which is their common interest) provided that this party controuling shall possess the power, and opportunity of so joining interest, with the party executing. And it is no less certain, that this controuling deputation must, unavoidably, possess the opportunity of thus joining interests, unless it can, 122by some means, be prevented and restrained from joining and uniting the action of its own proper powers, with the action of these powers that are proper to the executive office. Whereas, if it shall be found possible to divide and separate the action of these two different powers, the one from the other, in a manner so distinct, that each shall act, in the sphere assigned to it, with freedom and liberty; and neither shall have the opportunity of transgressing the limits prescribed, to its own proper department, by the sovereign; then, and in such case, it is not only possible, but certain, that this controuling deputation may, and will be, prevented from joining interests, with the executive deputation; and, consequently, from promoting the very measures which it was meant to restrain. And, from thence I conclude, that the only possible and certain means of conferring, on this controuling deputation, virtue and integrity to faithfully and honestly discharge the duties of its office, is to cut it off from all opportunity of joining the powers of its office, with those of the executive; or of assuming any share in the executive government: 123in other words, it must be restrained from interfering, either directly or indirectly, personally or by proxy, in the immediate execution of measures, in any one of these governments which it is meant to controul.

But it is evident that, if this controuling deputation shall exist or reside within any one of those dominions whose government it is meant to controul, it will be morally impossible to prevent it from joining its powers, and, consequently, its interests, views, and measures, with the deputed executive power of that government where it resides. For, by virtue of its authority, which from the nature of its office must needs be supreme over the executive deputation, it will usurp at least a part if not the whole power of execution: or otherwise it will, by consent, join and unite its powers with those of the executive, in order to promote their mutual interest, by measures diametrically repugnant to the purpose of its institution. Nor is it possible, in this case, by any art, device or separation into parts, to prevent this usurpation or union: let the controuling power be termed judges, supervisors, 124officers of the revenue, or what else; and let the office of controuling be divided, into as many parts as can be conceived; still, the difference of term, will not alter the nature of the men employed; nor will the division of parts separate their interest. All the various persons, composing this office, will still be Europeans; the same as these who compose the executive office; and so, all the persons in both offices will be foreign to the country governed, acting by an authority which is deputed mutable and temporary; consequently they will all hold the same view; which is, to amass all the money they can during the short term of their office, in order to transport it to their own country: and as all of them would, by virtue of their residing within the same government, possess the same powers, and the same opportunities of exerting them, they would all be irresistably attracted, by the omnipotent sympathy of self-interest, to join their several powers, in promoting that which is the common view of one and all of them. In fine, if these controuling and executive deputations, which thus, from the community of the natale 125solum, hold one and the same interest, shall both reside together in one and the same government, and thereby possess the same opportunities, it will be equally impossible to prevent these two deputations, however artfully separated into parts, from joining and uniting their different powers, &c. as it is to preserve separate the gutt? of quicksilver; which, however gently and carefully they are dropt upon the same confined and smooth surface, will meet, join, and conglobate into one united mass. But if the controuling deputation shall be thus permitted to join its powers with these of the executive, and consequently forfeit its virtue and integrity, with respect to that one territorial government where it resides, it thereby becomes disqualified and unfit to controul the measures of any one other government: for the judge who is himself corrupt, is but little qualified to judge or punish corruption in others. I therefore conclude that, in order to preserve the virtue and integrity of this controuling deputation, it is indispensably necessary that it should not reside within the limits of any one of these territorial governments; 126these being the governments which it is meant to controul.

On the other hand, it is equally certain, that this controuling deputation cannot execute in person, or assume any personal share in the execution of measures, in any one of those governments where it doth not actually reside; it being impossible that it can act personally where it is not personally present. It therefore follows that, by situating or placing this controuling deputation at a sufficiently proper distance from all these several territorial governments, it may be prevented from assuming a personal share in the immediate execution of measures in any one of them. And being thus, by the situation of its residence, cut off from all opportunity of acting personally, it may likewise be precluded from acting secondarily, or usurping by proxy any influence, in the immediate execution of these governments, if it shall, after the manner of the Dutch government at Batavia, be strictly prohibited from exercising its supervising authority any where without the limits of its own fixed residence; and from delegating or deputing its powers to any person or persons, 127its own members or others, who shall reside, or may be beyond these prescribed bounds. For though the system of the Dutch government at Batavia is, in many respects, far too rude and unpolished; yet is it, in this particular, most nicely circumscribed: that government being restrained, in the most precise manner, from delegating and transferring its authority; or from deputing any power to examine into cases, of even the most dubious nature, within the subordinates: but to obviate any inconvenience, that might otherwise arise from such restraint, it hath a power to call before it, from the subordinates, all persons or records necessary to information. For the Dutch were well aware, that the supreme government, if it should be permitted to carry its supervising authority on any pretext into the subordinates, would gain an occasion of interfering in the execution of those measures which it was intended to controul.

We must then perceive, that this controuling deputation being seated at a properly sufficient distance from all these territorial governments, and the exercise of its powers being expressly confined to that 128particular seat of residence, it will, by such means, be effectually restrained from interfering, in any shape, either directly or indirectly, in the execution of any one of those governments which it is intended to controul. And we must farther perceive that, by virtue of such effectual restraint, that clear separation of office, which alone can prevent the junction or union of the powers, interests, and views of this controuling deputation with those of the executive, will be completely accomplished. Seeing that, the action of the controuling power being strictly confined within the limits of its own proper sphere, the executive power must remain at full liberty to act distinctly and freely in the office assigned to it by the sovereign.

The principal source of corruption, and grand stumbling block of virtue, being thus removed, the integrity of this controuling deputation may be established on a firm and solid basis, by skilfully dividing the parts which go to compose it: and, in particular, by clearly separating the political and judicial powers: which, if they shall be judiciously divided into two distinct departments, mutually independent and 129uninfluenced, will, each of them, act as an effectual check, and powerful impulse, on the other: so as to prevent either from abusing its authority, or neglecting its duty. Whereas, if the political power should, at same time, possess the power of judging, trying and determining, or should even possess any influence over the judicature, there is danger that it might, on some occasions, sacrifice its duty to its interest. And this is the very capital error of the Dutch system at Batavia, inasmuch as that government, possessing the judicial power, hath thereby the opportunity of perverting justice, sometimes to the prejudice of its constituent, and often to the detriment of its subordinates.

Nor would we be here understood to signify, by judicial power, a simple court of judicature, established for the purpose of deciding litigated cases of property; the judicial power here meant, must extend to every thing that respects a due execution of the jurisdiction and police, in the subordinate governments. Therefore its authority must not be passive, and confined to such matter as shall come before it by complaint; but it must be active, assuming 130cognizance of all public nuisance, trespass, or delinquency, that may be brought before it by information. For, here, juries may exist with great propriety and efficacy, seeing that the Company will, on account of her commerce, keep a number of servants at this supreme settlement; there will likewise be, no doubt, many free merchants (as they are termed): and, consequently, there will never be wanting a choice of persons unconnected with, and uninfluenced by the political government; and therefore fit to form a grand inquest; as well as petit or special juries, to decide in either criminal cases, or disputes of property. And this judicial power must farther be endued with all proper and necessary officers; particularly an attorney general: it must likewise be divided into distinct courts; resembling, as nearly as circumstances will admit, or occasion requires, the courts of justice in the sovereign country.

Nevertheless, we do not presume to dictate or prescribe the exact or complete form of this judicial power: we would only hint at the main purposes of its institution; a due consideration of which will readily 131suggest the particular form, to those whose province it may be to construct it. We shall only observe that, in............