ght, therefore, in an
especial manner, to avoid wars, or entering into alliances likely to
create wars." It was not to forget "to pay a due regard to self-defence,
or to guard against sudden hostilities from neighboring powers, and,
whenever there was reason to apprehend attack, to be in a state of
preparation. This was indispensably necessary; but whenever such
circumstances occurred, the executive government in India was not to
content itself with acting there as the circumstances of the case might
require; it was also to send immediate advice home of what had happened,
of what measures had been taken in consequence, and what farther
measures were intended to be pursued; and a tribunal was to be
established to take cognizance of such matters." The system of taking
presents from the natives was to be absolutely prohibited, a regulation
which he hoped would "tend effectually to check private corruption;"
and, lastly, it was proposed to establish a court of criminal judicature
for the trial in England of certain classes of delinquents after their
return from India. The Judges of the court were to be men of the highest
character; they were to be chosen by ballot, some being taken from the
bench of judges, some from each House of Parliament. And they were "not
to be tied down to strict rules of evidence, but to be upon their oaths
to give their judgments conscientiously, and to pronounce such judgment
as the common law would warrant." Such a tribunal he admitted to be an
innovation; but, "unless some new process were instituted, offences
shocking to humanity, opposite to justice, and contrary to every
principle of religion and morality, must continue to prevail, unchecked,
uncontrolled, and unrestrained, and the necessity of the case outweighed
the risk and the hazard of the innovation."
These were the general outlines of the constitution which in 1784 the
Parliament established for India, and the skill with which it was
adapted to the very peculiar character of the settlements to be governed
is sufficiently proved by the fact that it was maintained with very
little alteration equally by Whig and Tory administrations for
three-quarters of a century, till the great convulsion of the Mutiny
compelled an entire alteration in the system, and the abolition of the
governing powers of the Company, as we shall have occasion to relate in
a subsequent chapter. The principles which Pitt had laid down as the
guiding maxims for the go
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