Skip to content

ADVOCATETANMOY LAW LIBRARY

Research & Library Database

Primary Menu
  • News
  • Opinion
  • Countries198
    • National Constitutions: History, Purpose, and Key Aspects
  • Judgment
  • Book
  • Legal Brief
    • Legal Eagal
  • LearnToday
  • HLJ
    • Supreme Court Case Notes
    • Daily Digest
  • Sarvarthapedia
    • Sarvarthapedia (Core Areas)
    • Systemic-and-systematic
    • Volume One
05/04/2026
  • Law

The East India Company’s affairs are extremely complex-Macaulay

The Company had united in itself two characters, the character of trader and the character of sovereign. Between the trader and the sovereign there was a long and complicated account, almost every item of which furnished matter for litigation. While the monopoly continued, indeed, litigation was averted.
advtanmoy 21/07/2020 6 minutes read

© Advocatetanmoy Law Library

  • Share on WhatsApp (Opens in new window) WhatsApp
  • Share on X (Opens in new window) X
  • Share on Facebook (Opens in new window) Facebook
  • Share on Telegram (Opens in new window) Telegram

The East India Company’s affairs are extremely complex

10TH OF JULY 1833

[1a] Having, while this bill was in preparation, enjoyed the fullest and kindest confidence of my right honourable friend, the President of the Board of Control, agreeing with him completely in all those views which on a former occasion he so luminously and eloquently developed, having shared his anxieties, and feeling that in some degree I share his responsibility, I am naturally desirous to obtain the attention of the House while I attempt to defend the principles of the proposed arrangement. I wish that I could promise to be very brief; but the subject is so extensive that I will only promise to condense what I have to say as much as I can.

Read Next

  •  Judicial office is essentially a public trust: Supreme Court
  • Disclosure of Personal Information under the Right to Information Act, 2005
  • Analysis of Section 8(1)(j), Right to Information Act, 2005

[1b] I rejoice, Sir, that I am completely dispensed, by the turn which our debates have taken, from the necessity of saying anything in favour of one part of our plan, the opening of the China trade. No voice, I believe, has yet been raised here in support of the monopoly. On that subject all public men of all parties seem to be agreed. The resolution proposed by the Ministers has received the unanimous assent of both Houses, and the approbation of the whole kingdom. I will not, therefore, Sir, detain you by vindicating what no gentleman has yet ventured to attack, but will proceed to call your attention to those effects which this great commercial revolution necessarily produced on the system of Indian government and finance.

[1c] The China trade is to be opened. Reason requires this. Public opinion requires it. The Government of the Duke of Wellington felt the necessity as strongly as the Government of Lord Grey. No Minister, Whig or Tory, could have been found to propose a renewal of the monopoly. No parliament, reformed or unreformed, would have listened to such a proposition. But though the opening of the trade was a matter concerning which the public had long made up its mind, the political consequences which must necessarily follow from the opening of the trade seem to me to be even now little understood. The language which I have heard in almost every circle where the subject was discussed was this: “Take away the monopoly, and leave the government of India to the Company:” a very short and convenient way of settling one of the most complicated questions that ever a legislature had to consider. The honourable Member for Sheffield (Mr Buckingham.), though not disposed to retain the Company as an organ of government, has repeatedly used language which proves that he shares in the general misconception. The fact is that the abolition of the monopoly rendered it absolutely necessary to make a fundamental change in the constitution of that great Corporation.

[1d] The Company had united in itself two characters, the character of trader and the character of sovereign. Between the trader and the sovereign there was a long and complicated account, almost every item of which furnished matter for litigation. While the monopoly continued, indeed, litigation was averted. The effect of the monopoly was, to satisfy the claims both of commerce and of territory, at the expense of a third party, the English people: to secure at once funds for the dividend of the stockholder and funds for the government of the Indian Empire, by means of a heavy tax on the tea consumed in this country. But, when the third party would no longer bear this charge, all the great financial questions which had, at the cost of that third party, been kept in abeyance, were opened in an instant. The connection between the Company in its mercantile capacity, and the same Company in its political capacity, was dissolved. Even if the Company were permitted, as has been suggested, to govern India, and at the same time to trade with China, no advances would be made from the profits of its Chinese trade for the support of its Indian government. It was in consideration of the exclusive privilege that the Company had hitherto been required to make those advances; it was by the exclusive privilege that the Company had been enabled to make them. When that privilege was taken away, it would be unreasonable in the legislature to impose such an obligation, and impossible for the Company to fulfil it. The whole system of loans from commerce to territory, and repayments from territory to commerce, must cease. Each party must rest altogether on its own resources. It was therefore absolutely necessary to ascertain what resources each party possessed, to bring the long and intricate account between them to a close, and to assign to each a fair portion of assets and liabilities. There was vast property. How much of that property was applicable to purposes of state? How much was applicable to a dividend? There were debts to the amount of many millions. Which of these were the debts of the government that ruled at Calcutta? Which of the great mercantile house that bought tea at Canton? Were the creditors to look to the land revenues of India for their money? Or, were they entitled to put executions into the warehouses behind Bishopsgate Street?

Read Next

  •  Judicial office is essentially a public trust: Supreme Court
  • Disclosure of Personal Information under the Right to Information Act, 2005
  • Analysis of Section 8(1)(j), Right to Information Act, 2005

[1e] There were two ways of settling these questions–adjudication and compromise. The difficulties of adjudication were great; I think insuperable. Whatever acuteness and diligence could do has been done. One person in particular, whose talents and industry peculiarly fitted him for such investigations, and of whom I can never think without regret, Mr Hyde Villiers, devoted himself to the examination with an ardour and a perseverance, which, I believe, shortened a life most valuable to his country and to his friends. The assistance of the most skilful accountants has been called in. But the difficulties are such as no accountant, however skilful, could possibly remove. The difficulties are not arithmetical, but political. They arise from the constitution of the Company, from the long and intimate union of the commercial and imperial characters in one body. Suppose that the treasurer of a charity were to mix up the money which he receives on account of the charity with his own private rents and dividends, to pay the whole into his bank to his own private account, to draw it out again by cheques in exactly the same form when he wanted it for his private expenses, and when he wanted it for the purposes of his public trust. Suppose that he were to continue to act thus till he was himself ignorant whether he were in advance or in arrear; and suppose that many years after his death a question were to arise whether his estate were in debt to the charity or the charity in debt to his estate. Such is the question which is now before us, with this important difference; that the accounts of an individual could not be in such a state unless he had been guilty of fraud, or of that gross negligence which is scarcely less culpable than fraud, and that the accounts of the Company were brought into this state by circumstances of a very peculiar kind, by circumstances unparalleled in the history of the world.

Post navigation

Previous: Government of India – Thomas Babington Macaulay-10/07/1833
Next: Company’s commercial and political functions have always been intermingled-Macaulay
Communism
Sarvarthapedia

Manifesto of the Communist Party 1848: History, Context, and Core Concepts

Arrest
Sarvarthapedia

Latin Maxims in Criminal Law: Meaning, Usage, and Courtroom Application

Biblical Basis for Slavery: Old and New Testament Laws, Narratives, and Interpretations

Rule of Law vs Rule by Law and Rule for Law: History, Meaning, and Global Evolution

IPS Cadre Strength 2025: State-wise Authorised Strength

Uric Acid: From 18th Century Discovery to Modern Medical Science

Christian Approaches to Interfaith Dialogue: Orthodox, Catholic, Protestant, and Pentecostal Views

Origin of Central Banking in India: From Hastings to RBI and the History of Preparatory Years (1773–1934)

Howrah District Environment Plan: Waste Management, Water Quality & Wetland Conservation

Bharatiya Nyaya Sanhita 2023: Sections (1-358), Punishments, and Legal Framework

Bengali Food Culture: History, Traditions, and Class Influences

West Bengal Court-Fees Act, 1970: Fees, Schedules, and Procedures

WB Land Reforms Tribunal Act 1997: History, Features, Provisions, Structure, Powers and Functions

Civil Procedure Law of the Democratic People’s Republic of Korea (1976)

  • Sarvarthapedia

  • Delhi Law Digest

  • Howrah Law Journal

  • Amit Arya vs Kamlesh Kumari: Doctrine of merger
  • David Vs. Kuruppampady: SLP against rejecting review by HC (2020)
  • Nazim & Ors. v. State of Uttarakhand (2025 INSC 1184)
  • Geeta v. Ajay: Expense for daughter`s marriage allowed in favour of the wife
  • Ram v. Sukhram: Tribal women’s right in ancestral property [2025] 8 SCR 272
  • Naresh vs Aarti: Cheque Bouncing Complaint Filed by POA (02/01/2025)
  • Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS)
  • Bharatiya Sakshya Adhiniyam 2023 (BSA): Indian Rules for Evidence
  • Bharatiya Nyaya Sanhita (BNS) 2023
  • The Code of Civil Procedure (CPC)
  • Supreme Court Daily Digest
  • U.S. Supreme Court Orders
  • U.k. Supreme Court Orders
Biblical Basis for Slavery

Biblical Basis for Slavery: Old and New Testament Laws, Narratives, and Interpretations

Sarvarthapedia, Law and Legal Materials

Rule of Law vs Rule by Law and Rule for Law: History, Meaning, and Global Evolution

Indian Government

IPS Cadre Strength 2025: State-wise Authorised Strength

Sarvarthapedia

Uric Acid: From 18th Century Discovery to Modern Medical Science

2026 © Advocatetanmoy Law Library

  • About
  • Global Index
  • Judicial Examinations
  • Indian Statutes
  • Glossary
  • Legal Eagle
  • Subject Guide
  • Journal
  • SCCN
  • Constitutions
  • Legal Brief (SC)
  • MCQs (Indian Laws)
  • Sarvarthapedia (Articles)
  • Contact Us
  • Privacy Policy
  • FAQs
  • Library Updates