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ferior to Mr. *** "on the power and duties of a Governor.
"The refpect I have for the laws of my country will always prevent my exercifing a military force to apprehend any Briti/h fubject, unlefs in cafes of a very heinous nature, and when the offender might otherwife efcape from the juftice 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 Britifh. fubjecTis; and the Court of Directors has cautioned us againft putting our laws in execution on them. Were we to confider them as Britijfj 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 eftablimment of that Court had been obtained, to make the Mayor and Aldermen mafters over the Company. Befides, were the natives within our diftri&s 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 neverthelefs 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, unlefs it be by refiding in his dominions, or by voluntary conceflions, content, &c.; and there are undoubtedly inftances where the Company's fervants could not juftify themfelves, if they were to admit the natives to the benefit of our laws, even at their own requeft.
** The Company's advantages and poffeffions in India are maintained by the civil, joined with the military, power: the adminiftration 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 adminiftration has a right to command the afiiftance of the military in fecuring offenders. This is allowed of by the laws of England, and is frequently pra&ifed, though the twopowers 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 himfelf to exercife a military force in fupport of the civil. This is an inftitution founded on a very wife and evident reafon, for as the Governor muft always have the earlieft intelligence of matters relating to his government, and of importance to the public intereft, it is neceffary he mould be inverted with the power of providing inftantly for the fecurity of the ftate; nor can that power be dangerous to the liberty of the fubject, whofe military difcipline is regulated upon the model of civil adminiftration.
"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: thefe, among numberlefs other cafes, will fall immediately under the obfervation of a Governor, and it is his duty to endeavour to eradicate them with very exemplary feverity, when occafion demands it. If in the execution of his office he is guilty of oppreffion towards any of His Majefty's fubjects, an a& of Parliament points out a legal mode of redrefs; if his oppreffion falls on a fubject, he is ftill amenable to juftice. In any trifling caufes, efpecially againft a Britifh fubject, a Governor will act merely as a Juftice of the Peace, but in cafes which affecT: the Company's affairs, in cafes of a villainous nature between man and man, particularly extortion, which too happens among the natives of this defpotic empire, whether fupported or not by us; in cafes where the temper, moderation, the juftice of the Company's government is concerned; in cafes of fuch a nature, I fay, a Governor will not only act as a Juftice of the Peace, but as Governor: he will not only, as a Magiftrate, commit to confinement, but will, if he judge neceflary, as Commander in Chief, aflume his military power to prevent the offender's efcape."—" A black man accufed of a heinous crime, meditating an efcape from, juftice, is confined to his houfe by a few fepoys, and upon this circumftance alone Mr. ***, like a true leader of party, thinks it incumbent on him to ftand forth the champion of his injured country, declaims upon the Britijh Conftitution, civil rights, military force, arbitrary power, the liberty of the fubject.—" I demand,'' fays he, " that the guards be removed "from the houfes of the inhabitants, that "not only I, but the whole fettlementj. "may in confidence and fafety attend the "Company's and our own concerns." In a iLondon newfpaper fuch an harangue might ferve to alarm weak minds, and draw recruits to the ftandard of faction, but on the face of our confutations,, where truth and faSts are confpicuous, it muft appear a falfehood of the moft dangerous tendency, calculated to anfwer the worft purpofes—I therefore defire the following queftion may be put, &c.