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we had no right to interfere with the government of the nabubs of Oude, except, when our assistance was specially demanded for that purpose, I shall add a few observations from Mr. Brand's work, to demonstrate the absurdity of such an assertion.
And first, with regard to the nabobs rights abstractedly taken; ” Prescription," says Mr. Brand, “ cannot be pleaded by, or for, an individual holding the government of a country in such a manner; whether the usurpation were his own act, that of his father, or grandfather. The better emotions and affections of mankind, are not to be appealed to by a fiction, that such fraudulent occupiers of dominion are princes by prescription : and by real covenant, of which they have broken the great condition on their parts, their right is none. And this was the only right the individual whom we call the nabob of Oude could possess, when we placed him on the musnud. And the only rights he possessed, with respect to us, were defined by our compacts with him. The qualifications and style he is suffered to take in these treaties, are the complimentary forms of diplomacy only, with no binding sense annexed to thein. The practice of admitting such forms has been carried somewhat further in Europe: in Cromwell's treaty with France, the style he took was, of England, Scotland, France, and Ireland, protector. And the king of France, in his treaties with Spain, always styled himself king of Navarre. But ihe most singular instance to be found, is, in all the treaties between this country and France, previous to the last, where, in one of the two instruments, the king of Great Britain constantly styled himseit king of France also.”
Such being the situation of the nabobs of Oude, as defined by the general law of nations, “it is evident, as Mr. Brand observes, that the dependant prince could not be placed on the throne, and supported thereon by the greater power, without it had been able to conquer the state for him, the people not being attached to him and the army hostile. His elevation is, in effect, conquest, achieved by its arms, or by the terror of its arms. It was in its power to assume the government; iastead whereof it appoints a sovereign. But it is under an obligation to see, that, at least, the people should be placed in as good a situation under such a prince, as they ought to have been under a conqueror. And Montesquieu has extremely well determined, what would be due to the subjects of such a principality.
"A conquest, he observes, is an acquisition, and we acquire to preserre and use, not to destroy: the spirit of acquisition carries with it the spirit of conservation and use, not that of destruction. The conqueror continues to govern the state according to its former laws, and only assumes the exercise of the political and civil government; or he gives to both a new form.*
« States," that writer further affirms, “ that are conquered, are not ordinarily such as preserve their primitive institutions in full force. Corruption has introduced itselt into them: laws have ceased to be executed, and government itself has become an oppressor. Who can doubt that such a state might not be a gainer by conquest itself, A state in the situation described might be rendered a great gainer thereby.f It is the duty of the protecting state to see, that their beneficiary realises to it every advantage that it would have obtained from a beneficent and enlightened conqueror; and not to suffer its situation to be continued worse than its own conquest should have rendered it."
This argument is illustrated in another place, in a manner still more happy; “Nations," it is remarked," are individuals with respect to each other, and are capable of many of those mutual relations in which individuals may stand: there is a relation in common life, in every point, exactly similar to that of the two states here described; both in its origin, and the duties and rights of the superior power arising ont of it, which regard the government and the people of the inferior staie. And, although that relation be ariificial, and of legal origin, yet it is the closest possible copy, struck out by necessity, of one of the two strongest natural relations, that of parents and child. That of the superior power, and of the government and people of the other state, as above defined, precisely in every particular, coincides with
that of guardian and ward. The parallel between the private and pablic relations might be drawn out in more particulars, the greater heads of it will be here only given.
“ First. The origin of the relations is one and the same: the incapacity of the weaker power to protect itself against external or internal enemies, without the assistance of the stronger, perfectly resembles the inability of the ward to protect himself from injury in his estate, or in his domestic affairs.
. " Second. As the weaker power cannot wage war, or make peace, only under the auspices of the stronger, so the ward cannot come solely into a court of justice, to defend himself against any false claim on his estate, or to recover any part of it, of which he is fraudulently or forcibly deprived. He must sue, treat, and conclude, under the authority of his guardian.
" Third. When a difference of opinion arises between the two powers, relating to a measure of the internal governiñent of the weaker; if it cannot be compromised, that of the stronger shall prevail; signified either by its head, or his accredited minister, or resident with the inferior state. The ward, in his conduct and domestic matters, is under the like direction of his guardian; or very frequently of a tutor, whom the guardian has empowered to act for, and to represent, himself.
“Fourth. The superior is firmly bound to the protection of the inhabitants of the inferior state against all oppression, even if exercised by the ruler whom he hath set over them.. On the guardian devolves the protection, not only of the person, but of the estate of his ward; and, if it be a landed estate, of the tenantry of the same. Here his duty is double : in defence of his ward and his interests, all frauds and waste he must see prevented or punished; but all oppressions, vexations, or unjust impositions, attempted against them, under the name of his ward, or in consequence of bis errors, or depraved passions, he is with all the power he bas to repress,
" These relations might be further compared as to some less leading particulars ; but it appears superfluous, and it is evident, that the rights and duties of the protecting state, with respect to the inferior, are the same as those of a guardian with respect to his ward, and none other."
These general principles appear to me to be incontrovertible. In applying them to the case of the nabobs of Oude, Mr. Brand is very successful in demonstrating the strict dependence, (as shewn by their own confessions,) of those nabobs on the British government, and the absolute necessity, from the dilapidation of the revenues of Oude, of the interference of the company in the affairs of a state, with the inbabitants of whom, the company had, by appointing its ruler, contracted such important duties. “ Politicians lately," he observes, - when Europe contained a due number of nearly equal states, mixed with others of inferior strength, divided the whole number into two classes, as differing in their power of resisting an attack by a government of the average military strength and resources. The stronger were called substartive, and the weaker non-substantive powers.
“ There exists, perhaps, no government internally unassailed by something of resistance, or enmity to it, latent or declared. The power of the opponent privciple frequently does become superior to that of government, which, therefore, will be unable to exist without succours from a foreign power. Such a government, cone sidered internally, may be properly called a non-substantive government. It may also be exposed to an invading enemy, whom it is utterly unable to resist : a foreign power may take it under its protection against its enemies of both kinds. The rights and duties of such a power have been abstractedly shown in the first preliminary dissertation prefixed to this tract; and, in the course of it we shall consider all the points there laid down as proved, and cite them as such.
“ In that subordinate situation, Oude and its rulers have long stood to this country, From the body of the evidence before the House, a great number of authentic testimonies might be brought forward for this, but that of lord Cornwallis will be here alone produced, as among all our governors general, he is supposed to have regarded the dignity of those rulers, or nabobs, with the most favourable eye. Writing to Asoph ul Dowlah, in 1787, with regard to his strength against foreign enemies, be states, that "the protection of his dominions cannot be effected in a proper man
HET, without the assistance of the company's troops ;" and without that assistance he further observes, not only " bis dominions,” but “ his authority would be insecure.”+ And the nabob, in his answer, admits tacitly this picture of his fallen state. This “ friendly letter,'' in his answer, he says, “ from so great a chief, possessed of divine wisdom and understanding, breathes in every word the strength of friendship, and his lordship's kindness and magnavinity has occasioned him an excess of pleasure and happiness,” &c.
* We see here, on the authority of lord Cornwallis, that Asoph ul Dowlah could not support his authority by his own proper strength; but by collecting even the slight notices we have of what it was, how far that of successor fell below it, how much more he rested on our protecting support, to uphold him in the situation in which our act has placed him, will be evident. The proper power of Asoph ul Dowlah was founded on the affection of those he ruled over, his military force, and his revenue. He is described to us, as having been “ as profuse and improvident a prince as ever reigned,” whose " extravagance placed him at the mercy of a vast variety of extortioners."
(To be Continued.)
STATE PAPERS. Supplement to the London Gazette of Saturday, Nov. 14, (concluded from p.400.) countries of which such articles are the growth and manufacture, without an order in. council, specially authorizing the same : his majesty, taking into consideration the order of this day's date, respecting the trade to be carried on to and from the ports of the enemy, and deeming it expedient that any vessel belonging to any country in alliance, or at amity with his majesty, may be permitted to inport into this country articles of the produce or manufacture of countries at war with his majesty: his majesty, by and with the advice of his privy council, is therefore pleased to order, and it is hereby ordered, that all goods, wares, or merchandizes, specified and included in the schedule of an act, passed in the forty-third year of his present majesty's reign, • intitoled." an act to repeal the duties of customs, payable in Great Britain, and to grant other duties in lieu thereof," may be imported from any port or place belonging to any state not at amity with his majesty, in ships belonging to any state at ainity with his majesty, subject to the payment of such duties, and liable to such drawbacks as are now established by law upon the importation of the said goods, wares, or merchandize, in ships navigated according to law; and with respect to such of the said goods, wares, or merchandize, as are authorized to be warehoused under the provisions of an act, passed in the forty-third year of his present majesty's reign, intituled “ an act for permitting certain goods, imported into Great Britain, to be secured in warehouses without payment of duty,” subject to all the regulations of the said last-mentioned act; and with respect to all articles which are prohibited by law from being imported into this country, it is ordered, that the same shall be reported for exportation to any country in amity or alliance with his majesty. And his majesty is further pleased, by and with the advice of his privy council, to order, and it is hereby ordered, that all vessels which shall arrive at any port of the United kingdom, or at the port of Gibraltar or Malta, in consequence of having been warned, pursuant to the aforesaid order, or in consequence of receiving information, in any other inanner,. of the said order, subsequent to their having taken on board any part of their cargoes, whether previous or subsequent to their sailing, shall be permiited to report their cargoes for exportation, and shall be allowed to proceed upon their voyage to their original ports of destination, (if not unlawful before the issuing of the said order) or to any port at amity with his majesty, upon receiving a certificate from the collector or comptroller of the customs at the port at which they shall so enter, (which certificate the said collectors and comptrollers of the customs are hereby authorized and required to give) setting forth that such vessels came into such port in consequence of being so warned, or of receiving such information as aforesaid, and that they were permitted
to sail from such port under the regulations which his majesty has been pleased to . * East India Papers, No. 6, p. 1. † Ibid, p. 4. Ibid, p. 3, 4.
§ Minutes of Evidence, p. 54. W. Couper, Esq.
establish in respect to such vessels. But in case any vessel, so arriving, shall prefer to import her cargo, then such vessel shall be allowed to enter and import the same, upon such terins and conditions as the said cargo right have been imported upon, according to law, in case the said vessel had sailed after having received notice of the riid order, and in conformity thereto. And it is further ordered, that ail vessels which shall arrive at any port of the United Kingdom, or at Gibraltar or Malta, ia conforinity and obedience to the said order, shall be allowed, in respect to all articles which may be on board the same, except sugar, coffee, wine, brandy, snuff, and tobacco, to clear out to any port whatever, to be specified in such clearance; and, with respect to the last-mentioned articles, to export the same to such ports, and under such conditions and regulations only, as his majesty, by any licence to be granted for that purpose, may direct. And the right hon. the lords commissioners of his majesty's treasury, his majesty's principal secretaries of state, the lords commissioners of the admiralty, and the judges of the high court of admiralty, and courts of vice-admiralty, are to take the necessary ineasures herein, as to them shall respectively appertain.
W. FAWKENER. At the Court at the Queen's Palace, the lith of November, 1807, present,
the King's Most Excellent Majesty in Council. Whereas the sale of ships by a belligerent to a neutral is considered by France to be illegal: and whereas a great part of the shipping of France and her allies has been protected from capture, during the present hostilities, by transfers, or pretended transfers, by neutrals: and whereas it is fully justifiable to adopt the same rule, in this respect, towards the enemy, which is applied by the enemy to this country : bis majesty is pleased, by and with the advice of his privy council, to order, and it is hereby ordered, that, in future, the sale, to a neutral, of any vessel belonging to his majesty's enemies, shall not be deemed to be legal, nor in any manner to transfer the property, nor to alter the character of such vessel: and all vessels now belonging, or which shall hereafter belong to any enemy of his majesty, notwithstanding any sale, or pretended sale, to a neutral, after a reasonable time shall have elapsed for receiving information of this, his majesty's order, at the place where such sale, or preteoded sale was effected, shall be captured and brought in, and shall be adjudged as lawful prize to the captors. And the right hon, the lords commissioners of his majesty's treasury, his majesty's principal secretaries of state, the lords commissioners of the admiralty, and the judges of the high court of admiralty, and courts of vice-admiralty, are to take the necessary measures herein, as to thein shall respectively appertain,
W. FAWKENER. PORTUGUESE PROCLAMATION FOR EXCLUDING BRITISH COMMerce. " It having always been my greatest desire to preserve within my dominions the most perfect neutrality during the present war, on account of the good effects that would result therefrom to the subjects of this crown; but it being impossible to pre kerve it any longer, and reflecting, at the saine time, how beneficial a general peace would be to humanity, I have thought proper to accede to the cause of the Continent, by uniting myself to his majesty the emperor of the French and king of Italy, and to Iris Catholic majesty, in order to contribute, as far as may be in my power, to the acceleration of the niaritine peace; wherefore it is my pleasure to order that the ports of this kingdom be benceforth shut against the entry of all ships of war and merchaut vessels belonging to Great Britain ; and hereof all concerned are to take che notice.
“ Given at the Palace of Mafra, the 20th of October, 1807. By order of the prince Regent, our sovereign. That all persons may have due notice, it is directed that the edict be publicly atfixed. “ Lisbon, Oct. 22, 1807.
" I. F. LUDOVICE."
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Vol. 111. No. 23. .Saturday, December 5, 1807.
HISTORICAL DIGEST. We are rapidly advancing to that epoch in human affairs, when the metamorphosis of Europe will be completed, and when governments, as well as subjects, will be bliged to assume new modes of thinking, and new rules of conduct. This great change in the moral condition of the civilized world, does not, fortunately, overtake us on a sudden, rior introduce so great a scene of terror and amazement as to bewilder the intellect, and leave it wholly incapable of exerting its proper energies. Reflecting minds have long been in expectation of the events which now scourge mankind; consequently, instead of betraying any symptoms of dismay, they are prepared to meet, with fortitude, that state of things which they foresaw would be the inevitable result of the cowardice, follies, and impolicy of the confederate powers of Europe. And, though they despair of seeing the proper means employed to resist the storm that periodically sweeps some community from the society of nations ; yet they feel the most perfect confidence in the resources of Great Britain, and the most thorough persuasion that, when these resources shall have been fully exerted, the people of this country may bid defiance to those ravages of violence and corrup, tion which have levelled with the dust the proudest monuments of European glory. It is, therefore, the duty of every public writer to diffuse among his countrymen, a strong sense of the causes of that ruin which has befallen so many other states, to guard them against the influence of the same malignant principles here, and to shew in what manner our native country may be rendered invulnerable. The experience from which we are to regulate our future conduct is indeed a painful one, but it is nea cessary to revert to it incessantly, in order to explore and strengthen the means of our national security. Every day furnishes us with some new topic for thought; it ushers into the world some dreadful dislocation of political society, and bids us to take warn. ing from the foibles and crimes of other nations : in such a strange chaotic revolution, to expect that any people should be altogether free from a share in the general suffering, would betray a total ignorance of the nature of man. It is contrary to the constitution of human societies, that one state alone should be exempted from the endurance of some evil, when every other community groans under the pressure of accumulated calamities; and the people who possess the vanity and the uncharitableness to suppose that such a case is possible, must be made up of those who are either more or less than men. There exists as great a sympathy in the feelings of nations as in the feelings of individuals ; and they who pretend that they can live and prosper, amid the miseries of their fellow creatures, are too selfish, and too base, to deserve the respect of the powerful, or the compassion of the weak,
This reasoning will serve to fortify us in the resolution to perish to the last man,' rather than, by a compromise with tyranny, to sanction a series of crimes, which we have publicly declared to be irreconcileable with the happiness of mankind, and against the stability of which we have offered up, at the shrine of public safety, the treasures and the blood of our country. It is true, that there are weak minds which are given to despondency, from the belief that our successful enemy was made for conquest. This is the belief of irresolution and cowardice. If our inveterate foe has been triumphant, let it be remembered, that he did not become an adept in the arts of conquest, until those opposed to him had shewn themselves to be proficients in the arts of submission. In truth, Great Britain is the only nation upon the face, of the globe, which has duly understood the principles and extent of French ambition. Individuals, in other countries, have formed a proper estimate of these principles, but the mass of their fellow-citizens have not been equally affected by them. The people of Great Britain are not yet become so infatuated with the prosperity of a successful murderer, nor so disheartened by an uninterrupted course of defeats, as to believe that Buonaparte is predestinated to be the master of a race of men who have
TOL. III. -NO, 23.