The Works of the Right Honourable Edmund Burke, Vol. 08 (of 12)Burke, Edmund
History
The Works of the Right Honourable Edmund Burke, Vol. 08 (of 12)
Burke, Edmund
Great Britain -- Politics and government -- 1760-1820; Political science -- Early works to 1800
But the conduct of the Court of Directors appears to be open to
objections of a nature still more serious and important. A recovery of
the amount of Mr. Barwell's profits seems to be the only purpose which
they even professed to have in view. But your Committee are of opinion
that to preserve the reputation and dignity of the government of Bengal
was a much more important object, and ought to have been their first
consideration. The prosecution was not the pursuit of mean and
subordinate persons, who might with safety to the public interest remain
in their seats during such an inquiry into their conduct. It appears
very doubtful, whether, if there were grounds for such a prosecution, a
proceeding in Great Britain were not more politic than one in Bengal.
Such a prosecution ought not to have been ordered by the Directors, but
upon grounds that would have fully authorized the recall of the
gentleman in question. This prosecution, supposing it to have been
seriously undertaken, and to have succeeded, must have tended to weaken
the government, and to degrade it in the eyes of all India. On the other
hand, to intrust a man, armed as he was with all the powers of his
station, and indeed of the government, with the conduct of a prosecution
against himself, was altogether inconsistent and absurd. The same letter
in which they give these orders exhibits an example which sets the
inconsistency of their conduct in a stronger light, because the case is
somewhat of a similar nature, but infinitely less pressing in its
circumstances. Observing that the Board of Trade had commenced a
prosecution against Mr. William Barton, a member of that board, for
various acts of peculation committed by him, they say, "We must be of
opinion, that, as _prosecutions are actually carrying on against him by
our Board of Trade_, he is, during such prosecution at least, an
improper person to hold a seat _at that board_; and therefore we direct
that he be suspended from the Company's service until our further
pleasure concerning him be known." The principle laid down in this
instruction, even before their own opinion concerning Mr. Barton's case
was declared, and merely on the prosecution of others, serves to render
their conduct not very accountable in the case of Mr. Barwell. Mr.
Barton was in a subordinate situation, and his remaining or not
remaining in it was of little or no moment to the prosecution. Mr.
Barton was but one of seven; whereas Mr. Barwell was one of four, and,
with the Governor-General, was in effect the Supreme Council.
In the present state of power and patronage in India, and during the
relations which are permitted to subsist between the judges, the
prosecuting officers, and the Council-General, your Committee is very
doubtful whether the mode of prosecuting the highest members in the
Bengal government, before a court at Calcutta, could have been almost in
any case advisable.
Public-domain text, read in full here on John Shaqi.
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