But I Am Very Well Aware Of An Objection
That May Be Made To What I Have Advanced; Viz., That,
From my own
showing, this southern continent lies absolutely without their
limits; and that there is also a proviso in
The charter of that
company that seems particularly calculated to exclude it, since it
recites that.
"The agents of the company shall not sail beyond the southernmost
parts of Terra del Fuego, except through the Straits of Magellan, or
round Terra del Fuego; nor go from thence to any part of the East
Indies, nor return to Great Britain, or any port or place, unless
through the said straits, or by Terra del Fuego: nor shall they
trade in East India goods, or in any places within the limits
granted to the united company of merchants of England trading to
East India (such India goods excepted as shall be actually exported
from Great Britain, and also such gold, silver, wrought plate, and
other goods and commodities, which are the produce, growth, or
manufactures of the West Indies, or continent of America): neither
shall they send ships, or use them or any vessel, within the South
Seas, from Terra del Fuego to the northernmost parts of America,
above three hundred leagues to the westward of, and distant from the
land of Chili, Peru, Mexico, California, or any other the lands or
shores of Southern or Northern America, between Terra del Fuego and
the northernmost part of America, on pain of the forfeiture of the
ships and goods; one-third to the crown, and the other two-thirds to
the East India Company."
But the reader will observe that I mentioned the East India and
African Companies before; and that I now mention the South Sea
Company, on a supposition that the two former may refuse it. In
that case, I presume, the legislature will make the same distinction
that the States of Holland did, and not suffer the private advantage
of any particular company to stand in competition with the good of a
whole people. It was upon this principle that I laid it down as a
thing certain, that the African company would be allowed to settle
the island of Madagascar, though it lies within the limits of the
East India Company's charter, in case it should be found necessary
for the better carrying on of this trade. It is upon the same
principle I say this southern continent lies within the intention of
the South Sea Company's charter, because, I presume, the intent of
that charter was to grant them all the commerce in those seas, not
occupied before by British subjects; for, if it were otherwise, what
a condition should we be in as a maritime power? If a grant does
not oblige a company to carry on a trade within the limits granted
to that company, and is, at the same time, of force to preclude all
the subjects of this nation from the right they before had to carry
on a trade within those limits, such a law is plainly destructive to
the nation's interest and to commerce in general.
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