hat
which the Company meant to exempt from the custom of making presents. It
was their design to prevent their servants from availing themselves of
the real dependence of the nominal native powers to extort money from
them under the pretence of their sovereignty. Such presents, so far from
being voluntary, were in reality obtained from their weakness, their
hopeless and unprotected condition; and you are to decide whether or not
this custom, which is insisted upon by the prisoner's counsel, with
great triumph, to be a thing which he could not evade, without breaking
through all the usages of the country, and violating principles
established by the most clear law of India, is to be admitted as his
justification.
It was on this very account, namely, the extortion suffered by these
people, under the name or pretence of presents, that the Company first
bound their servants by a covenant, which your Lordships shall now hear
read.
"That they shall not take any grant of lands, or rents or revenues
issuing out of lands, or any territorial possession, jurisdiction,
dominion, power, or authority whatsoever, from any of the Indian
princes, sovereigns, subahs, or nabobs, or any of their ministers,
servants, or agents, for any service or services, or upon any
account or pretence whatsoever, without the license or consent of
the Court of Directors."
This clause in the covenant had doubtless a regard to Lord Clive, and to
Sir Hector Munro, and to some others, who had received gifts, and grants
of jaghires, and other territorial revenues, that were confirmed by the
Company. But though this confirmation might be justifiable at a time
when we had no real sovereignty in the country, yet the Company very
wisely provided afterwards, that under no pretence whatever should their
servants have the means of extorting from the sovereigns or pretended
sovereigns of the country any of their lands or possessions. Afterwards
it appeared that there existed abuses of a similar nature, and
particularly (as was proved before us in the year 1773, and reported to
our House, upon the evidence of Mahomed Reza Khan) the practice of
frequently visiting the princes, and of extorting, under pretence of
such visits, great sums of money. All their servants, and the
Governor-General particularly, were therefore obliged to enter into the
following covenant:--
"That they shall not, directly or indirectly, accept, take
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