LAWS. 1211. c. 23, § 1. and after the first day of June next, by him or themselves, or by his or their factors or agents, or otherwise howsoever, carry away or remove, or aid or assist in the carrying away or removing, as a slave or 53 Geo. 3, slaves, or for the purpose of being sold, transferred, used or dealt with as a slave or slaves, any person or persons whatsoever from any part of Africa, or from any other country, territory or place whatsoever, either immediately or by transhipment at sea or otherwise, directly or indi rectly; or shall import or bring, or aid or assist in the importing or bringing into any island, colony, country, territory or place whatsoever, any such person or persons as aforesaid for the purpose aforesaid; or shall knowingly and wilfully ship, embark, receive, detain or confine on board any ship, vessel, or boat any such person or persons as aforesaid, for the purpose of his, her, or their being so carried away or removed, imported, or brought as aforesaid, or of being sold, transferred, used, or dealt with as a slave or slaves; or shall knowingly and wilfully use or employ, or permit to be used or employed, or let or take to freight or on hire any ship or vessel to be used or employed in carrying away or removing, importing, or bringing, or for the purpose of carrying away or removing, importing, or bringing as aforesaid, any such person or persons as a slave or slaves, or for the purpose of his, her, or their being sold, transferred, used, or dealt with as a slave or slaves; or shall fit out or cause to be fitted out, or shall take the charge or command of, or navigate, or enter and embark on board any such ship or vessel as master or captain, mate, supercargo or surgeon, knowing that such ship or vessel is actually employed, or is, in the same voyage for which he or they shall so enter or embark on board, intended to be employed in carrying or removing, importing or bringing as aforesaid any such person or persons as, or for the purpose of his, her, or their being sold, transferred, used, or dealt with as a slave or slaves; then and in every such case the person or persons so offending, and their counsellors, aiders, and abettors, shall be and are hereby declared to be felons, and shall be transported beyond the seas for a term not exceeding fourteen years, or shall be confined and kept to hard labour for a term not exceeding five years, nor less than three years, at the discretion of the court before whom such offender or offenders shall be tried and convicted. Dealing in seas, &c. to be Declared Piracy. 1824. c. 113, $19. (2) And be it further enacted, that if any subject or slaves on the high subjects of his Majesty, or any person or persons resid- 5 Geo. 4, deemed piracy. ing or being within any of the dominions, forts, settlements, factories, or territories, now or hereafter belonging to his Majesty, or being in his Majesty's occupation or possession, or under the Government of the United Company of Merchants of England trading to the East-Indies, shall, except in such cases as are in and by this act permitted, after the first day of January one thousand eight hundred and twenty-five, upon the high seas, or in any haven, 1824. 5 Geo. 4, c. 113, § 19. LAWS. river, creek, or place where the admiral has jurisdiction, knowingly and wilfully carry away, convey, or remove, or aid or assist in carrying away, conveying or removing, any person or persons as a slave or slaves, or for the purpose of his, her, or their being imported or brought as a slave or slaves into any island, colony, country, territory, or place whatsoever, or for the purpose of his, her, or their being sold, transferred, used or dealt with as a slave or slaves, or shall after the said first day of January one thousand eight hundred and twenty-five, except in such cases as are in and by this act permitted, upon the high seas, or within the jurisdiction aforesaid, knowingly and wilfully ship, embark, receive, detain, or confine, or assist in shipping, embarking, receiving, detaining or confining on board any ship, vessel, or boat, any person or persons for the purpose of his, her, or their being carried away, conveyed, or removed as a slave or slaves, or for the purpose of his, her, or their being imported or brought as a slave or slaves into any island, colony, country, territory or place whatsoever, or for the purpose of his, her, or their being sold, transferred, used, or dealt with as a slave or slaves, then and in every such case the person or persons so offending shall be deemed and adjudged guilty of piracy, felony, and robbery, and being convicted thereof shall suffer death, without benefit of clergy, and loss of lands, goods, and chattels, as pirates, felons, and robbers upon the seas ought to suffer. THE SOVEREIGN. THE East-India Company owe their original establishment, and the privileges then conferred upon them, to her Majesty Queen Elizabeth, who incorporated them by royal charter bearing date the 31st March 1600. His Majesty James I, at the commencement of his reign, permitted licenses to be issued to private merchants. The King, however, in the year 1609, admitted the infraction to be unwise and impolitic, and made the exclusive privileges of the Company permanent. The jealousy of the Dutch at the rising trade of the English in the Eastern seas led to the massacre at Amboyna in 1622. The King interposed to obtain redress, but died before any reparation was made either to the nation or the Company. King Charles I renewed the attempt to effect redress from the States-General to the Company, and proceeded to retaliation on the homeward-bound ships of the Dutch. The rising factions in England lessened the authorities of the crown. The civil wars that succeeded, from 1642 to 1649, together with the establishment of the Commonwealth in 1651, and the Protectorate in 1653, were greatly to the prejudice of the Company's interest. At the restoration of King Charles II, in 1660, they obtained a confirmation of the charter and of their exclusive privileges; their interests were uniformly protected by the crown; they received recommendations of the King to the sovereigns in whose dominion the seats of their trade were situated; the islands of Bombay and St. Helena were conferred upon the Company; the power of making war or peace with the native princes was vested in them; also the right to coin money current in the countries in which they traded. At the solicitation of the Company, his Majesty King James II, in 1687, was pleased to erect Madras, then the principal seat of government in India, into a corporation. A question arose whether such charter should proceed from the King under the great seal of England, or from the Company under its broad seal. On the 12th December 1687, the result was communicated to Madras in the following terms: "The Governor and Deputy were commanded last night, "being Sunday, to attend his Majestie at the Cabinet Council, "when our intended charter for incorporating Fort St. George "into a body politique, consisting of mayor, aldermen, and burgesses, was largely debated before his Majestie. One "of the council (being a lawyer) seemed to be of opinion, "that it was best the charter should pass immediately by the "King, under the great seal. His Majestie asked the Gover 66 nor his opinion, who replied, that what his Majestie thought "best the Company would alwaye think so; but if his Ma"jestie expected the Governor's private opinion, he had ever "been of opinion that no person in India should be employed "by immediate commission from his Majesty, because, if they "were, they would be prejudiciall to our service by their "arrogancy and prejudiciall to themselves, because the wind "of extraordinary honour in their heads would, probably, "make them so haughty and overbearing that we should be "forced to remove them. In conclusion, his Majestie did so "apprehend it as to think it best that the charter should go "under our own seal." The support which the Company received from their Majesties King Charles and James II, induced them to adopt measures to establish themselves as an Indian power at Bombay, Madras, and in Bengal. The events, however, consequent upon the Revolution, and the accession of his Majesty King William III, materially checked the progress of their affairs. Not only were the interlopers attempting, in the form of associations, to attack and undermine the Company's exclusive interests, but the validity of their rights; and the legal exercise of them under a grant from the crown simply, rather than as proceeding from a grant founded on the act of Parliament, were questioned. The Company and the private-traders having been heard before a committee of the House of Commons, that committee, on the 16th January 1689, declared it to be their opinion, opinion, that the best way to manage the East-India trade was to have a new Company, to be established by act of Parliament. The renewal of the Company's privileges by a new charter, in October 1693, and the incorporation of the English Company in 1698, under the charter which forms the foundation of the United Company's present constitution, were issued under authority of acts of Parliament. The union of the two Companies had been recommended by his Majesty. The same was notified to the London Company; who on the 23d December 1700, at a General Court, resolved, that as they had always been, so were they still ready to embrace every opportunity by which they might manifest their duty to his Majesty and zeal for the public good; and that they were desirous to contribute their utmost endeavours for the preservation of the East-India trade to this kingdom; "and that they were willing to agree with the new Company upon reasonable terms.” King William died in March 1702, and was succeeded by Queen Anne on the 8th of that month. In order to effect the union which had been delayed by various differences that had arisen in the course of the negotiation, an act was passed in the sixth year of her Majesty's reign, referring it to Lord Godolphin to settle the matter between the London and English Companies, which was completed by the award of the 29th September 1708. The Parliamentary enactments regarding the exercise of the royal authority in the government by the East-India Company, or the administration of the affairs in India, may be dated from the regulating act of 1773, when the King was authorized to issue letters-patent to establish a Supreme Court of Judicature at Calcutta. The consent of his Majesty was necessary to the appointment, by the Court of Directors, of a successor to the Bengal Council, in the event of one of the four members succeeding as Governor-general. Appeals were likewise authorized to his Majesty from the supreme Courts. Appeals were also presented to his Majesty in Council for framing any rules and regulations established by the Governor General in Council. The existing provisions respecting the exercise of the royal authority may be classed as follows: Appointments |