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
If the Directors are known to devolve the whole cognizance of the
offences charged on their servants so highly situated upon the Supreme
Court, an excuse will be furnished, if already it has not been
furnished, to the Directors for declining the use of their own proper
political power and authority in examining into and animadverting on the
conduct of their servants. Their true character, as strict masters and
vigilant governors, will merge in that of prosecutors. Their force and
energy will evaporate in tedious and intricate processes,--in lawsuits
which can never end, and which are to be carried on by the very
dependants of those who are under prosecution. On their part, these
servants will decline giving satisfaction to their masters, because they
are already before another tribunal; and thus, by shifting
responsibility from hand to hand, a confederacy to defeat the whole
spirit of the law, and to remove all real restraints on their actions,
may be in time formed between the servants, Directors, prosecutors, and
court. Of this great danger your Committee will take farther notice in
another place.
No notice whatever appears to have been taken of the Company's orders in
Bengal till the 11th of January, 1779, when Mr. Barwell moved, _that the
claim made upon him by the Court of Directors should be submitted to the
Company's lawyers, and that they should be perfectly instructed to
prosecute upon it_. In his minute of that date he says, "_that the state
of his health had long since rendered it necessary for him to return to
Europe_."
Your Committee observe that he continued in Bengal another year. He
says, "that he had hitherto waited for the arrival of Sir John Day, the
Company's advocate; but as the season was now far advanced, he wished to
bring the trial speedily to issue."
In this minute he retracts his original engagement to submit himself to
the judgment of the Court of Directors, "and to account to them for the
last shilling he had received": he says, "that no merit had been given
him for the offer; that a most unjustifiable advantage had been
attempted to be made of it, by first declining it and _descending to
abuse_, and then giving orders upon it as if it had been rejected, when
called upon by him in the person of his agent to bring home the charge
of delinquency."
Public-domain text, read in full here on John Shaqi.
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