rights of high political importance to these subordinate
tribunals. The general heads of law on that subject
are vulgar and trivial. On them there is not
much question. But it is far from easy to determine
what special acts, or what special neglect of action,
shall subject corporations to a forfeiture. There
is so much laxity in this doctrine, that great room
is left for favor or prejudice, which might give to
the crown an entire dominion over those corporations.
On the other hand, it is undoubtedly true that every
subordinate corporate right ought to be subject to
control, to superior direction, and even to forfeiture
upon just cause. In this reason and law agree.
In every judgment given on a corporate right of great
political importance, the policy and prudence make
no small part of the question. To these considerations
a court of law is not competent; and, indeed, an attempt
at the least intermixture of such ideas with the matter
of law could have no other effect than wholly to corrupt
the judicial character of the court in which such a
cause should come to be tried. It is besides to
be remarked, that, if, in virtue of a legal process,
a forfeiture should be adjudged, the court of law
has no power to modify or mitigate. The whole
franchise is annihilated, and the corporate property
goes into the hands of the crown. They who hold
the new doctrines concerning the power of the House
of Commons ought well to consider in such a case by
what means the corporate rights could be revived,
or the property could be recovered out of the hands
of the crown. But Parliament can do what the courts
neither can do nor ought to attempt. Parliament
is competent to give due weight to all political considerations.
It may modify, it may mitigate, and it may render
perfectly secure, all that it does not think fit to
take away. It is not likely that Parliament will
ever draw to itself the cognizance of questions concerning
ordinary corporations, farther than to protect them,
in case attempts are made to induce a forfeiture of
their franchises.
The case of the East India Company is different even
from that of the greatest of these corporations.
No monopoly of trade, beyond their own limits, is
vested in the corporate body of any town or city in
the kingdom. Even within these limits the monopoly
is not general. The Company has the monopoly
of the trade of half the world. The first corporation
of the kingdom has for the object of its jurisdiction
only a few matters of subordinate police. The
East India Company governs an empire, through all
its concerns and all its departments, from the lowest
office of economy to the highest councils of state,—an
empire to which Great Britain is in comparison but
a respectable province. To leave these concerns
without superior cognizance would be madness; to leave
them to be judged in the courts below, on the principles
of a confined jurisprudence, would be folly.
It is well, if the whole legislative power is competent