COURT'S DRAFT, No. 128. OBSERVATIONS ON THE COURT'S DRAFT, No. 128. the Guickwar were founded on similar principles with those of Tanjore and Hyderabad, substituting territorial security for an engagement to pay the amount of the subsidy from the treasury of the state. The right to conclude a subsidiary engagement with the Guickwar, was derived from that stipulation of the treaty of Salbye, which constitutes the company to be the guarantee of the succession and government of the Guickwar state. 359. The new subsidiary treaty concluded with the vabob of Oude in November, 1801, resteid on the same foundations, and effected a commutation of all the nabob vizier's engagements with respect to subsidy and in war, for a cession of territory. S60. The treaty of Bassein concluded with the Peishwah, proceeds on the same grounds; in renewing the ancient alli:nce between the peishwah and the company, it has cementer that alliance by a subsidiary engagement, aud by a territorial cession formed upon the improved plan of policy repeatedly sanc. tioned by the authority of his majesty and of the East India company, and already effected with other dependant states, in preference to that defective scheme of subsidiary alliance, which had produced innumerable evils in various parts of our dependencies in India, (which for many years) had constituted an annual theme of lamentation for all the governments in India, and for the honourable court of directors, and the policy of which appeared to have been exploded by the deliberate wisdom and long experience of that body: 361. The whole course of the negotiations at Poonah, from the year 1799, to the conclusion of the treaty of Bassein, was regularly submitted to the secret committee. 362. The transfer of the civil and military government of the Carnatic to the company in 1801, was warranted by the justice and necessity of that proceed. ing, founded upon the forfeiture incurred by Mahomed Alli and Omdut ul Omrah, and upon the dargers which menaced the security of the company's rights on the coast of Coromandel, in consequence of their treachery. The justification of this proceeding rests upon principles similar to those by which war is justifiable against any public enemy; and the extension of authority which accompanied the prosecution of a just and legitimate public right, cannot be condemned upon any principles correctly derived from the act of 1793. 363. In prosecuting the just rights of the company against the nabob of the Carnatic, lord Wellesley resorted to his original instructions respecting the Car. natic, and he framed the new settlement with refe. rence to the ackuowledged expediency of effecting a commutation of the subsidy for territorial security, and of rescuing the Carnatic from the evils of givided government and conflicting power, by, establishing over that province one distinct authority in the hands of the company. with a liberal provision for the nabob and his family. It is impossible to comprehend COURT'S DRAFT, OBSERVATIONS ON THE COURT'S DRAFT, the application of the act of 1793, to any part of this 364. The acquisitions of territory which have been accomplished in India during lord Wellesley's administration, have proceeded, either from the successful prosecution of just war; or from forfeiture in consequence of the violation of dependant alliances; or lastly, from the improvement of existing, or the formation of new treaties of subsidy and guarantee. The first description includes these provinces and po sessions of Tippoo Sultaun, retained by the company under the partition treaty of Mysore, (1799) together with the conquests made from Scindiah and the rajah of Berar, at the termination of the late Mahrattawar (1803.) 365. The second description consists of the possessions of Omdut ul Omrah in the Carnatic; and the last comprehends the territories commuted for subsidy by the rajah of Tanjore, by the Nizam, and by the nabob of Oude, and the territories ceded in payment of subsidy by the nabob of Surat, by the Guick. war, and ultimately by the Peishwah. 366. The records of the company will furnish sufficient evidence, that every extension of territory acquired under each of these classes, has originated in principles, not only strictly conformable to the act of 1793, but to the general maxims of justice and policy applicable to our Indian empire. 367. No extension of territory has been acquired otherwise than by the prosecution of a just and necessary war, or of just and legitimate public right; the result of these acquisitions has not involved the necessity of defending any territory, which had not previously furnished increased means of offensive war to our enemies, or which we were not previously bound to defend either by the obligation of positive treaty, or of our own manifest interest. 368. Our means of defence in every case are now greatly augmented by the annexation of the civil and military government of the territories from which we derive the military resources, applicable to defray the charge of their respective protection and security." 369. The result of the whole progress of these wars and negotiations, will appear to be nearly conformable to the following statement: (1st.) The limits of the company's civil and military authority have been considerably extended since the year 1784. (2d.) The principle of those successive extensions of power, has been conformable to justice and good policy, and regularly brought under the consideration of the authorities at home, and sanctioned either by distinct law, or by orders from the government at home, or by long acquiescence in the arrangements effected in India. (3d.) The magnitude of our empire in India has been increased by these events, but its strength and resources have also been greatly increased; our frontier in every quarter is improved, our internal government invigorated, and our means of defence considerably augmented. APPENDIX A. APPENDIX A. MINUTE OF THE GOVERNOR-GENERAL. The increasing extent and population of Calcutta, the capital of the British empire in India, and the seat of the supreme authority, require the serious attention of government. It is now become absolutely necessary to provide permanent means of promoting the heaith, the comfort, and the convenience of the numerous inhabitants of this great town. The construction of the public drains and water-courses of the town is extremely defective. The drains and water-courses in their present state neither answer the purpose of cleansing the town, nor of discharging the annual inundations occasioned by the rise of the river, or by the excessive fall of rain during the south west monsoon. During the last week a great part of this town has remained under water, and the drains have been so offensive, that unless early measures be adopted for the purpose of improving their construction, the health of the inhabitan:s of Calcutta, bogh European and native, must be seriously affected. The defects of the climate of Calcutta, during the latter part of the rainy season, may indeed be ascribed in a great measure to the state of the drains and water-courses, and to the stagnate water remaining in the town and its vicinity. The health of the town would certainly be considerably improved by an improvement of the mode of draining and cleansing the streets, roads, and esplanade. An opinion is generally entertained, that an original error has been committed in draining the town towards the river Hooghly; and it is believed that the level of the country inclines towards the salt-water lake, and consequently that the principal channel of the priblic drains and water-courses ought to be conducted in that direction. Experience has manifested that during the rainy season, when the river has attained its utmost height, the present drains become useless. At that season the rain continues to stagnate for many weeks in every part of the town, and the result necessarily endangers the lives of all Europeans residing in the town, and greatly affects vur native subjects. Other points connected with the preservation of the health of the inhabitants of this capital appear also to require immediate notice. No general regulations at present exist with respect to the situation of the public markets, or of the places appropriated to the slaughter of cattle, the exposure of meat, or the burial of the dead; places destined to these purposes must necessarily increase in number with the increasing population of Calcutta. They must be nuisances wherever they may be situated, and it becomes an important branch of the police to confine all such nuisances to the situations wherein they may prove least injurious, and least offensive. It must however have been generally remarked, that places of burial have been established in situations wherein they must prove bosh injurious and offensive; and bazars, slaughter-houses, and markets of meat, now exist in the most frequented parts of the town. In those quarters of the town occupied principally by the native inhabitants, the houses have been built without order or regularity, and the streets and lanes have been formed without attention to the health, convenience, or safety of the inhabitants The frequency of fires (by which many valuable lives have been annually lost, and property to a great extent has been destroyed) must be chiefly ascribed to this cause. 1 It is a primary duty of government to provide for the health, safety, and convenience of the inhabitants of this great town, by establishing a comprehensive system for the improvement of the roads, streets, public drains, and water-courses; and by fixing permanent rules for the construction and distribution of the houses and public edifices, and for the regulation of nuisances of every description. The appearance and beauty of the town are inseparably connected with the health, safety, and conveniency of the inhabitants, and every improvement which shall introduce a greater degree of order, symmetry, and magnificence in the streets, roads. ghauts, and wharfs, public edifices and private habitations, will tend to meliorate the climate, and to secure and promote every object of a just and salutary system of police. These observations are entirely compatible with a due sense of the activity, diligence, and ability of the magistrates of Calcutta, by whose exertions considerable improvements have been made in the general police of the town. The governor-general in council has frequently expressed his approbation of the conduct and services of the present magistrates of Calcutta, who have zealously and judiciously employed every effort within their power to mitigate the effects of the evils described in this minute. But the magistrates of Calcutta must be sensible that the establishment of a more comprehensive system of permanent regulation is indispensably necessary, for the purpose of securing to the town the full benefit of the laudable services of the officers, to whom the administration of the police has been entrusted by government. With these views the governor-general proposes, that the under-mentioned gentlemen be appointed a committee to consider and report to his excellency in council the means of improving the town of Calcutta. Major-general Fraser, W.C. Blaquire, of Calcutta ; and Mr. R. Blechynden. The governor general proposes that Mr. Teretta be directed to attend the committee and that Captain Blunt of the engineers be appointed to officiate as their secretary Tbe The governor-general further proposes that the following special instructions be issued to the committee. 1. To take the level of the town of Calcutta and the adjacent country, and ascertain and report what alteration may be necessary in the direction of the public drains and water-courses. 2. To examine the relative level of the river during the rainy season, compared with the level of the drains and water-courses. 3. To suggest what description of drains and water-courses may be best calcule lated, 1. To prevent the stagnation of rain water in Calcutta, and the vicinity thereof; and 2. To cleanse the town. 4. To consider and report what establishment may be necessary for cleansing the drains and water-courses, and for keeping them in constant repair. 5. To take into consideration the present state of all places of interment in the vicinity of Calcutta, and to propose an arrangement for the future regulation of those places, in such manner as shall appear to be best calculated for the preservation of the health of the inhabitants of Calcutta and its vicinity. 6. To examine the present state and condition of the bazars, and markets for meat, and of the slaughter-houses in Calcutta ; and to propose such rules and orders as shall appear to the committee to be proper for the regulation of those already established, for the removal of such as may have actually become nuisances, and for the establishment of new markets or slaughter-houses hereafter. 7. To enquire into all existing nuisances in the town and vicinity of Calcutta, and to propose the means of removing them. 8. To examine and report for the consideration of government the situations best calculated for op.sing streets and roads, leading from east to west, from the new circular road to Chowinghee, and to the river; and from north to south, in a direction nearly parallel with the new road. 9. To suggest such other plans and regulations as shall appear to the committee to be calculated to promote the health, convenience, and comfort of the inhabitants of Calcutta ; and to improve the appearance of the town and its vicinity. 10. To form and submit to the governor-general in council an estimate of the expense required to complete all such improvements as may be proposed by the committee. The means for raising the necessary funds for the purpose of defraying the expense which must attend the execution of the important improvements sug. gested in this minute, will claim the early and deliberate consideration of government. The governor-general entertains no doubt that those funds may be raised without subjecting the honourable company to any considerable expense, and without imposing an beavy tar on the inhabitants of Calcutta. It will certainly be the duty of government to contribute, in a just proportion, to any expense which may be requisite for the purpose of completing the improvements of the town. (Signed) WELLESLEY. Fort William, June 16, 1803, APPENDIX |