Page 329, line

337,

342,

ERRATA.

4, for rans read runs.

19, after period infert of the production. 3, for this read the production of.

344, 14, for MH read MR.

-

347, note,

after page add 135.

4

from bottom, for Nizam read Nazim. 4, for Ali read Reza.

442, line

463,

581,

1, for pecular read peculiar.

15, for 1787 read 1785.

PROVINCIAL ESTABLISHMENTS,

&c. &c.

CHAP. I.

The Principle of the Company's Government at the Period of the Acquifition of the Dewanee.

LORD

CLIVE ftated his opinion of the nature of this government on a minute, dated October 28, 1765*. "As I am not a very young fervant of the Company, and have been twice honoured with the Presidentship of this fettlement, (Calcutta) I think I may, without vanity, prefume, that my knowledge is not in

Appendix to Bolt's Confideration of India, p. 75.

ferior to Mr. *** on the power and duties of a Governor.

"The respect I have for the laws of my country will always prevent my exercifing a military force to apprehend any British fubject, unless in cafes of a very heinous nature, and when the offender might otherwise escape from the justice of a civil power, to whom he muft of courfe be given up.

"But with regard to the natives of India I cannot confider them as British subjects; and the Court of Directors has cautioned us against putting our laws in execution on them. Were we to confider them as British fubjects, our political government would be at an end; the power of the Governor and Council would be transferred to the Mayor's Court, and with it the whole authority of the Company, as if the charter for the establishment of that Court had been obtained, to make the Mayor and Aldermen mafters over the Company. Befides, were the natives within our districts to be, on every occafion,

profecuted by the laws of our country, the Inns of Court would hardly be able to fupply us with a fufficient number of lawyers; and the objection would nevertheless remain, that, if the Indians will not of their own accord comply with the forms of the laws of England, we have no right to compel them; for what they have faid is true, that no Prince has power or authority over the fubjects of another Prince, unless it be by refiding in his dominions, or by voluntary conceffions, confent, &c.; and there are undoubtedly instances where the Company's fervants could not justify themselves, if they were to admit the natives to the benefit of our laws, even at their own request.

"The Company's advantages and poffeffions in India are maintained by the civil, joined with the military, power: the administration of their fettlements, fo far as refpects the fubjects of Great Britain, is purely civil, except in fuch cafes as come peculiarly under the cognizance of martial law; but the civil administration has a right to command the affiftance of the mi

litary in fecuring offenders.

This is al

lowed of by the laws of England, and is frequently practifed, though the two powers there, are rather more diftinct than in India: here the civil Governor has a commiffion, as a commander in chief of the forces, and, as fuch, has power in himself to exercise a military force in fupport of the civil. This is an institution founded on a very wife and evident reafon, for as the Governor must always have the earlieft intelligence of matters relating to his government, and of importance to the public intereft, it is neceffary he should be invefted with the power of providing inftantly for the fecurity of the state; nor can, that power be dangerous to the liberty of the fubject, whofe military difcipline is regulated upon the model of civil administration.

"But we are not to imagine that criminal actions alone endanger our principle of government; it is endangered by licentioufnefs, extortion, venality, by whatever eludes, though it may not totally fubvert the laws these, among numberless other