Copyright
United States. Supreme Court.

The Universal magazine, Volume 4 online

. (page 55 of 108)
Online LibraryUnited States. Supreme CourtThe Universal magazine, Volume 4 → online text (page 55 of 108)
Font size
QR-code for this ebook


from the above instructions and rcguia-^
tioas, &c. The whole of what has been
said, concerns only the natives of Eng*
land ; but as they have in their settle^
meiits, merchants of all nations, such
as Moors, Armenians, Jews, and Pata-
ners-, &c. die Sieur de Lally is to treat
them with humanity, and is to endea-
vour by &ir means, to engage them to
retire lo Pondichery, or any other of
the Company's acquisitions,- assurins
theui tiat they will be protected, ana
that the same liberty and privikgea
which they before possessed among the
Engt i s ,1 , wii 1 be granted them. Amonia(>
the iccrtiits furoished to complete tlie*
rrgimeiits of Lorraine and Berry's, there
are 300- men from Fischer's recroitSK
hiiely raised ; and as it is feared them,
will be consideraiiJe desertions among;
them, the Sieur de Laliy, may, if he
]ilease6, leave them on the isle de France,
wiicre tliey wUI Uc sa& from desej;tiony



Digitized by VjOOQ IC



S04



JH^mtfirs of BfiSeri Orme, Esq.



value and importance of the Indiaa But to return from what nwy b*
«omraerce to this country, -from a par- lookt?d upon as a digression : When
ticular enquiry into the Company's .if- intelligence was brought to Madras of
feirs in tliat quarter of the globe, pro-
ceeded to assist, in a vigorous manner, Iiidies, somewhere towards the latter
the arms of t!ieComi>any, botli by sea end of the year 1756, the 7th article re-
9od land. 'That great statesman, marks, thai as it is probable the Endish
true patriot, and fathei of his country, sguadron may be in Ttmcpintlee bay,
the late Ix)rd Chatham, then Mr. Pitt, either as a place of security 01 to careen.
«i ^757.> paid the utmost attention to In that case, the commander of tbe
the British interests in the East In-. French squadron is instrbcted to declare,
4i€s, sendtBff powertiil squadrons as peremptorily, to the Dutch, dial it is
wdl as land forces thither, by which, against the rules ofa strict iieutraiitj, to
in the couree of what is commonly receive and protect in theix ports, due
called the seven years war, the French enemies of France, and of her flag.
power in India, was , totally sub- That he has positive orders jto puKw,
iqed and extirpated. Mr. Orme, and take or bum, all enemies' ships,
ill his account of the surrender of Pon- whenever he shall meet them, which
dicherry, in the month of April 1761, order he must rigorously obey, in spite
liears the following testimony to the of their opposition. Article *»th points
important consequences produced by out the places where the English squsr
til is generous and well-timed assist- dron may be the most likely to take
, anceof the British ministbr. shelter, and advises the taking or bunw

''ITiis day terminated the long contest- ing of the same, in any part of India,
ed hostilities between the two rival Euro- although even belonging to neutral pow-
pcan powers in Coromandel, and kft not ers, as Trineomalee, Mergay, Achen,
a single ensign of the Ficnch nation, or any other port, except in China, or
arowed by the authority of its goVemmcnt Bengal ; where they observe, it may not
%i any part of India ; for the troops which be. prudent to commit any' violence, lest
had gone away to My ore, were hereafter their commerce mi^t be exposed to
ro be regarded as a band of mfliury adven- hazard, foj: infringing the protectipa
hirers, seeking ftvmnetnd subsistence, which government may afford to Eng-
Iir Bengal, ihey had not a single agent or Itah ships. Hence it appears that thu
yepresentacive ; and their factories at Su- restriction proceeded ouly from an ap-
rat and Callicut, were mere trading houses prehension, lest their trade shonld sof-
on sufferance. Thus, after a war of 15 ler eientually, and not from any faith-
spears, whfcb commenced with the expe- ful regard to, or observance of the law of
dition of Be La Bourdomutif^ against Ma- nations. The 10th article points out
Aas, in 174ft and had continued from "*^ * '' " *
that time, with scarcely the intermission
^dne vear, was retaliated the same mea-
sure ot extirpation, which had been in-
tended and invariably pursued, by the

French councils against the English com- settlements, and the total expohion of
mcrce and power ; for such, as is avowed the Enelish from the coast of Coroman-
in the French memoirs on the events we del ; which, in another place, the Com-
iiave relate^, was the object of De La pany observes is, and ought to bi^, tlM
Bourdonnais^ expediuon, of the whole first object of their attention. Hiey al-
govcmmentf aiM ambition of Dupleix, so recommend the destruction 01 the
and of the great armament of naval and following places, Devecrotah, logeram,
land forces which accompanied M. Lally Viiagapatam, and indeed, all the rest of
to India ; who constantly declared that he the factories that lie to the northwatd^
had but one point which was, not to leave as likewise the in&nt settlement at the
an Englishman in the peninsula."* Negrais. The 13th artiMe observeTtfaat

^ere is still in India, a better undetr
a;id may. replace tKem from the troops standing subsisting bct^vecn the Dpttft
of that island. and English, than there is in Eurppe,

•In a memorial of the French Eist and that this is to the prcradice o|
India Company; delivered to the Count France ; and therefore insists that liti)»
P'Aehet Ciefd' Escadn, and command- regard ought to be paid to their' (b^
it^g the squadron dest^d to jM» £a9t sl^oald ai|y British subject 9f Bqtt^l^

Digitized by VjOOQ IC



die requisite operations for the year
175s ; and calculating on the supposi-
tion that Madras, or Fort St. Gcorgp,
were actually taken, in 1757, advises
the immediate attack of the remaiobg



' Mmmrs'ofHolirt -Or/Hr, Esq: 305

"thaciiptiire, in the motith of June, • in the .CoC9pany*f3 senrice, atCalcHtta,
J 756, of the English settlement at and was thoroughly acquairiteil with
Calcutta, by Surajah Dowlah, .the tiie strength and insolence of the
«ibahdar of Bengal, and of the dreads Moorish eovernment in Bengal, re-
iiil, inexpressible sufferings of the peatedlv declared and insisted that no-
captives, on that most lamentable oc- liifng snort of the most vigorous lios-
<asion, it scarcely excited more hor- tilities would prev^ail upon the Nabob
roT and «»entment, than conaterna- to sue fbr.peace, or to make reparation,
^ioa and perplexity. Tlje national He .contended that the force wiich
liopoor, however, required immediate was proposed was altogether inade-
satUfaction and reparation, and tlie di- guate to the purpose, of even re-tak-
abolical atrocities of the dungeon, ing Calcutta, and strongly urged that
OMiimonlyacailed the Black Hole, at tliejnilitary force required, ougiit to
Calcutta^ cried aloud to iteaven for ex- l>e sufficient to attack the Nabob, even
^mplaFy vengeance. m his capital of Muxadabad^ that

After mxiai deliberation and.debate^ there should be, at leasts a ^ttfllion ot
Mr. Onne, who had resided nine years 800 Europeans embarked, with not

Jess than 1,500 seapoys, and that the
fccts he found with them and under squadron, if dividecf, would be of lU-
4h«r safeguard. tie service any wiiere, and tberefl>re,

. In anctthor inslruction for Count that the whole sliould act in concerjt
D'Achc, sent to him on the 8tli of and proceed together, to Bengal. Such
Becembec, 1 757, the 4th article pur- a fprce, lie was of opinion, . would
^rts as foUows, viz. that, if the militaiy speedily determine the contest j an4
.tiaasactions apd operations on the river in case a peace sliould be brought
wfBencal, should be attended widi sue- ^bout, tlie s<)uadron, with a great
cess, the conquered places- may eitlKar part of the'military detachment, might
be retained, or the foitific^^tions, civil jreturn and arrive in tlie month of
buildings, and warehouses, be utterly April ^ before which time, the nature
n^ and destroyed. Should .theiau?r pi the periodical winds rendered it
pUn Jbe <«6ol«Q(i upon« not a factory improbable tliat the f rench fleet, aa
ought to be left standing, nor should an it had not yet appeared, would be able
^Ebglish inhabiiant, even of those that to eftect its passage to the coast.' Be*
were bom in the x:ountry, be suffered, sides, the detachment which had beea
<on ADy account, to reside for the future sent to the relief of .M. Bussy, thea
in the province. This resolution, they commanding in the northern provin-
observe, will be the most efiectusd me- eea, would prevent the goveniment
iliod to establish the reputation of the ofPondjch^nr from making any at-
Jiench name and arms, on t"he Ganges ; tempt in the Carnatic, wjiich tlie force
Jbat they recommend only the dcstruc- at Madras could not easilj ret\der
jtion of the hew fort, and the preserA-a- abortive or suppress.
Man of the town of old Calcutta, on This opinion of Mr. Orme's, after
^:Mdition of a ransom, and the obsen*- numberless objections had been stated
svieeof A strict neutrality in Bengal, for and removed, became, at last, the
Abe future. Another letter of the 23d u nan imou^f sense of the council^ and
«fJanii^ry^ i757. instructs the Count the resolution taken thereupori was
D'Achfi, hqt^o leave a^^ Englishman in communicated to Admiral Watson,
Aoy place that sliall be laken , but to send who, after holdiuj; a council of ^Var,
«way, in cartel ^hips, ^ St. fclcna, or procxaeded to take immediate measures
otherwise sutler to proceed la Engkin4, for carrying it into effect,
all such freejnerchants, s^nd inhabitants Anotner question, however, of no
»ii»y not be in.theCojnpanyts •service.; less moment to tlie success of the iu-
Iwttodetatp.as prisoners a|J;Lhe colonels, Jtended cxpeditiont stUl remained to be
servants, officers, ari^ ^oUluics, all which decided : Who should command tlie
fdsoners ^<^fe dir^cte^ to be sent to the Jand forces ? How far should his au-
^slandofBaurbon, and not to be set at tliority extend in military operations,
liberty, but to be kept tlicre in deposit, and in negotiations that might be en-
ftftlcss they should be exchanged against tered into .witli the Nabob ? In a\ hat
lH(we of equal rank, or unless it might relation ought he to stand with the
^.tlKHiglst proper to tii^suui Uieip to late eovernor nnd council of C^ilruita j
fiance. •>.•.- . ^^^^ how<far should tl»e authority bif

Vol. ly. ^U r- T ^

Digitized by VjOOQ IC




Answers to \ki HhlonM 'tM l^i&tepMcU Questions.

Uife latter fee still liftajntairied, o^ im- with which the ColoHel had MeftW

Jraired^ and abrogated ? ' afflicted.

in Canvassing these t6pics, ftiucn At length, oft the recoibmebdatiot

consideration attd argument took place, of Mr. Of me, Lieut. Col. Clivc, DWI

arid the ditficultjr of deciding thehi finally.chosen as the person in all w»

snggested to Mr. Pigot, then 'goverhbr spects best qiuilified for the gteai un*

ifMadras, an idea of repairing in per- dfertaking. The well known taolt

son to Bengal, i$ conamdrider Sh tnief was $l glorious cfanfiVmatioh of m

t)f the army, and at liberty to actVith wisdonii and propriety of the cholttj

fbll powers, as the Coni^anj's repre- and it Serves to place in a striking

tentative in. all oth^r affairs. This point of view, the poViticd sagadlf

gentleman, however, i^ras altogether ddd sound judgment of Mr. Orme, Id

" oestifute of military experience, nOr, whom his country is, and will loi^re*

fodeed, was It in the power of the ittain, indebted for tliis haxardous fln4

touncll to give so extensive & com* iniportant enterprise having be«l

tnissioh to any individual. Colonel ^iced under the guidance ofuolonel

Adl^cron then thought jptoper to Clive, whosie keen intrepidity, M

claim (' "* ^

to goi

inent ; ^ ^ .^

fierienced in the irregular warfare of stupendous conquest which it after-

ndia, and his powers were, moreover, wards achieved. The int«rescing dfc*

iltogethfer independent of dieCompa- tail! of Colotid Clive's wondefol ^ai^

iiy's agents. Mr. Orme repeatedly fare, are very well rfelated by Mn

uig;ed, in empbatical language, (hat Orme, in the second vol. of hiswork^

on the success of this expedition, the entitled, ^^ Military Transactions h^

amputation of the British arms in India, Hindostan.'*

and the consequent stability of the [7h be continued.']

Company's possessions, nfio^t esset)ti- ' • - — ^

«Jly depended. He descanted Ofi the Answers to the Historical aVA

ha ture of the country >^hich the expe- tH|LOsopitiCAL ciuestions.

Hition was destined to invade ; set YContinucd frtim page 81 2.)

forth the magnitude of the army %hich i^UEST, I. What are the chief

it would liave to encounter ; the nu- occurrences, besides those alitadt

ineronsdifficulties'with which it would Mentioned, in the period bcfort tw

find itself encompassed 3 -and the ne- battle of Marathon? ;

tessity, therefore, of conferring the Athens and Rome icajl our fttten*

command oh ah officer who should tion; both,bjr resolute acts, gettingril

nbt only be equally inteDigent and of tyranny, mlt establishing their «h

active, but also one that had oeen du- vfertiinents in different manners, tw
hr -accustomed to. the peculiarities of Athenians rpn into complete democrat

Indian warfere, and tliat was well ac- cy, the Romans into modified aristo*.

iquaiated with the character of th6 na- cracy : beitherof thehi had sdfident^

tives. He gave it as his opinion, that ly extensive views of goverament, and

the success of such an enterprise their history shewed the -evils into

"would depend no less on the keen which they necessarily felK from \\it

discernment, and vigorous, prompt original fault in theifrespective cotir

judgment, than on the personal cou- stitutions. The tyranny of Athcnt

rage of the individual, 'to whom it was destroyed by the patri<>tie energy

might be entrusted. In this 'opinion, of Armodius and Aristogistpn, whos^i

IVIr. Orme was supj^orted by Colonel names have been immortalised by the

l^awrence, then a member of the nol|le Alcaics, written up«n that s«b*
council, and commander in chief of ject, and Tso "ably translated hy a pa*!

all the troops serving in the pay of tlie tfiot of our own Country and times.

East India Corhpany. Colonel Law- Sir W. Jones* a maii whom it fe tM

yence woiild probably ha^-e been ap- fashion tb praise, though many of bii

pointed himself to the command of panegyrists are apt to ter^ his «ost

this expedition, biit tlie clirtlate of nbble sentiitoents }acbbinic»J. llje

Bengal was well known to be pecii- nvo patriots of Atliens expelled Hip*

4iar\y adverse to an astlimatic disorder^ pias,. in the year bdSwe Christ fsfh

Digitized by VjOOQ IC



^inn^knedand ten, 2»di«itoi;edtheai»- and mcn-of talents, of forbaie* Tte
lidaic democracy. state was in- constant 'commotieQ, till

Rome, a few years i^r, expelled the people, cbnupted by hribesi annk
ks tyrants, and the change of govern* into that degeQerate^Bt^te which fitted
* ment into two such diatin^ished them for 1^eal:^e^ slavery into wiiic^
flatc^ so pearly at the same timq, is thev afterwards sunk. ... ^ ••
a very remarkaUe circumstance. Rome was more ibrtuns^, losi 4B
fiome, preserved its seoate, and elec^ driving out its-t)'raQts^ the men wko
«d two CQpsuls in tilie room of their engaged in the • enterprise were o£
kiog, in tibe yen: before Christ five sumcient \vfM4 tq keep the aoihi^,
hundred smdfive; but a short time ntyin the hasils. of the higher clasa^l
fioffieed to shew the defect of their huty like the Athenians, they knew
new gpyemment, which was remedi- not how-to give a proper degree ipf
ed in a vearj judicious manner, by the power to the people. Reprasentative
appointflient of a dictator, which took government was not thougntof, whidi
plaoe in the year before Christ four would have freed both states from
iKindred and ninety-three. Lavicus gtt;at inconvenience. The. Romane
was the first dictator, and in great were compelled to make choice of a
-emerrencies,rea]rrenoewa8fi:equent- c^ctator, which relieved them for the
iy had to this salutary expedient time -, but they had unfortunate^

Quesi. II. To wlMtt reflections do established two casts in the state, the
^faese occurrences give rise I Patricians and the Plebeians, and, m

Revolutions are conttn\ially hap^ long as that distinction lasted, confb*
peniog in states^ and happen they sionwas the consequence, till both
must 9 for nothing can be o^ longdu- became the prey of a most arbilnury
ration which depends upon laws, ra- monarchy. ' We cannot view the
lherthanmanners,and if people are <^ states of Rome and Athens, without
• fiek)e> volatile nature, the constitu- reflecting on the advantages which
HoQs of their government will partake have been a^rded to this cquntm
«f tbfiir disposition. A constitution A representative* ^vemment ougm
had been establbhed a|t Athens 5 it to have given sufficient weight to the
aras fran formed by private individo- people ^ and the peera^e^ heing vest-
vis, who usurped the govemnient, ed m a few persons only, little danger
•nd ruled by their owq caprice. No is to be apprehended from an aristoh
nomberof raierations can wa^ out cracjr. The power in the king's haada
^has originu stain, and^ ho^$never pru- ia with us also mueh belter placed^
denee may dictate su^ission to the than in the hands of a dictator; for it
«isi»pation, yefyi ^h^ever an oppor- is exercised constantly, and without
fttmtv 4»fiers, the tynm| or his £unily, dilarm, whilst that of the dictatcr o^
ia to DQ hurled from the thr'Oii;^. The ated t^br ^.g'reat in the citizens aa
4M>Iy circumstance which can vtpdi- foreign eneijfiiea}' . j
cate the people, in retaining wa^ . Q^e»i. III-, Which are the princi-
hmchof a tyrant^&m)ly> is, when paik epochs betwiten the».^cejSsion of.
It is willing to rule by >constitutional the Bn4bs>yick fetiaily and the Ameri-
hiws ; ana it may be more prudent to can wat h c? '; ♦ •
keep that branch on tlie throne, than £poch8 ar« <^^vanou8 kindsi some
hmaid tumuk by the introduction of relative to- the b»r^ of death of an
a new family. Hippias was driven eminent person, th#jdestru€tton of a
out by the jpairiots of Athens, and city, a battle, and the^ like ; but the
U>Qk refoge m the arbitrary court of more impor^nt epochs are those in
f^ia: but, when the state had gcot which some v^ry material ohange is
9i4 of one tvrant, they had not sutti- introduced into the constitution of a
cient tho^fattopre\'eut theJntroduc- state. The accession of the Bruns^
two of as l>ad a species of tyranny, wick fhmily is an important epoch,
tyranny is the same, whether exer- as it destroyed entirely tliat stupid no-
tised by a king or a people ; and tion, that a king of England is en-
Athens felt sulSciently the scourge titled to the crown merelv from his
fiwn its beiiwj f>]aced ip the hands of birth, and pointed out clearly, that
the latter. This equality, a thing his right depended upon tlie l^jsla- *
^hich can never .»w>sist, kept up a lure, and the conditions which that
t^rpetual war between the people^ Je^latore laid d&w»^ and by which «

Digitized by VjOOQ IC



900



Atuuftrf tb fAe Htlidfif aZ akd PiilmpMcmi Queslkms.



Hxtme- 96vete\gn should be kikown.
This settlement of the crowiif is there-
fore of greift importance) and in a si-
milar manner, whatever affects the
people is no less so, and particularly
if it deprive them of any civ'd riehts,
or leads to consequences, by which
ihey may be injured in theit persons
or properties. On this account, it is
paiticularly important, that such
epochs should always be fixed upon,
as may make the people sensible of
whst they have gained or lost, in any
period of time. He is a despicable
Englishman, who forgets the glorioaa
Bevolution of sixteen huadred and
eighty-eight, when our ancestors ex-
erted themselves so wisely, to main^
tain our civil and religious liberties :
but unfortunately, they were not suffi-
ciently anxions upon a .point M'hich
makes an epoch between the accession
of the Brunswick family and the Ame^
yican war;- an epoch the most calami^
tous of any known in our annals, and
which, infulure years,win destroy prot.
bably sOl the benefits of tbeRevelution.
One of the articles of the bill of
rights,, by which William and his suc-
cessors held the crown, required fre-
quent parliaments, but t'rd not mifor-
tunately stipnlate this duration. In
the sixth year of llv2 reign of William
the Third, the right is recognised, and
die duration ot- parliament fij^ed at
tiiree years. The words o*' the. prearo'-
ble run thus : ** Whereas by the ai>-
cient laws and statutes of this king-
dom, frequei\t parliaments ought to be
held, and whereas frequent vrnti new
parliaments tend very much to the
happy union aud good agreement' of
the king and pooolc." These two
whereases a^cc full of wisdom and
sound sense : but in the first year €^'
the reign of (icorge the First, an act
cjf parliament was passed, with a
whereas of a very dilfcrent nature.
** Whereas it has been found bv exr
perieuce tiiai* (the act for esiabli$liing
three years parliaraent) *' hath prov-
ed very grievous and bnrthensome, by
occasioning much greater, and morfc
continued <ixj>encc.s, iu order to elec-
tions of members tosene in narlia-
inent, aud niore violent and fasting
heats- and animosities among. the sub-
iects of this realm, than were ever
Known betbre; and, if it should cou-
tuiuu, may probably, at thks juncture,
1^ heu a rctoiles* aud popish iactiou arc



designioff,vand endeavouring to leMf

the rebellion within tliis kingdom,
and an invasion from abroad, be de-
structive to the peace aud security af
tlie government >. Be it enacted, that
all. parliaments,, that shall at any time
. hereafter be called, assembled, arhel4,
sliall and may have eentinuance for
seven years, and no longer, luileas
sooner dissolved by his majesty.**

Thus> instead of frequent parlia>
ments, which tend so much to d»
.mutual happiness of king and people,
a long period was fixed for their dura-
tion i a period, whkh must necesstfi-
ly weaken the union between the re-
presentative and the constituent, and
has a tekidency to form the memben
of the house of commons into a kiiifl
of base noblesse, a body of men wild
interests separate fi;om those of their
constituents Tlus nnemorable aot
forms aA epoch never ta be forgotten :
it passed in the first.year of the tdgn of
.Geoi^e the First, in the year a«vpnteca
imndredand fifteen. There is, how-
ever, no day set apart in Uie calesdac,
■for the people to fast upon* 'this ooca-
sion ; yet ought it to be remembeied,
as an epoch big with calamity both
to king and people : for^ if our an-
.cestors were right in thieking that
frequent parliaments tend so nwcfa t»
the mutual liappiness of king andpeor
pie, and right thev assuredly werc^
tlien every ming wnicfa tends to weaL»
en that freqi^ency, must tend to
weaken that happiness. The futura
history of the country b the best com-
ment upon the measure.

Quesi. IV. To what reflection*
-does the above epoch give rise ?

Ike ditference between the where-
ases in the acts of William the Third
and George the Fu-st must strike ibA
most inattentive reader : the former as-
cribes to frequeiit parliaments the haix-
Ey union of tlie kmg apd people; w$
ttter points out only an ineonveniencer
which ought to have been the subject
of WHO regulations, and might very
easily be remedied. The feet is, thaj
an election may be carried on with
very little expence and very little
trouble 5 but the riot of the people
was, with tlie idle clamour of a rest*
leis and popisli faction, a mere pror
text for denriving the people of Uieir
rights, una tlirowing pow<^r into tlit
hands of fewer per:>ons. . 1 ne eflwt
of tUiM^ acti:attUot be M^'idl'uuderstcKxV ,

Digitized by VjOOQ IC



Ammtrs to the Rutarkal aadrPhilosx^hkal Qutstiotit^ ^



^Q»



iritkmt ooBsidsridg dxdy the nati!kre
o^our ancient constitution -, a consti-
tution veiy wisely fx-amed, and de*
sening of much better treatment^
than it has mel with from thase who
pretended to be its laofit zealous sup*
porters.

Our constitution vests the govern-
rnent of this country in a kiof , lords>
aad commons^ each having their dis-
tioct rkhts and privileges, and so in-
depen<&it each of the other, that
fieidier can destroy the others. Thi^
ii done by giving to each branch a
fl»ative upon everv proposal of the
otfaiier two, and by tneir joint concur-
rence only can a law be passed. It
Fas thus thought, that the arbitrary



Online LibraryUnited States. Supreme CourtThe Universal magazine, Volume 4 → online text (page 55 of 108)