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
Mr. Barwell's reflections on the proceedings of the Court of Directors
are not altogether clearly expressed; nor does it appear distinctly to
what facts he alludes. He asserts that a most unjustifiable advantage
had been attempted to be made of his offer. The fact is, the Court of
Directors have nowhere declined accepting it; on the contrary, they
caution the Governor-General and Council about the manner of receiving
the tender of the money which they expect him to make. They say nothing
of any call made on them by Mr. Barwell's agent in England; nor does it
appear to your Committee that they "have descended to abuse." They have
a right, and it is their duty, to express, in distinct and appropriated
terms, their sense of all blamable conduct in their servants.
So far as may be collected from the evidence of the Company's records,
Mr. Barwell's assertions do not appear well supported; but even if they
were more plausible, your Committee apprehend that he could not be
discharged from his solemn recorded promise to abide by the judgment of
the Court of Directors. Their judgment was declared by their resolution
to prosecute, which it depended upon himself to satisfy by making good
his engagement. To excuse his not complying with the Company's claims,
he says, "_that his compliance would be urged as a confession of
delinquency, and to proceed from conviction of his having usurped on the
rights of the Company_." Considerations of this nature might properly
have induced Mr. Barwell to stand upon his right in the first instance,
"_and to appeal_" (to use his own words) "_to the laws of his country,
in order to vindicate his fame_." But his performance could not have
more weight to infer delinquency than his promise. Your Committee think
his observation comes too late.
If he had stood a trial, when he first acknowledged the facts, and
submitted himself to the judgment of the Court of Directors, the suit
would have been carried on under the direction of General Clavering,
Colonel Monson, and Mr. Francis; whereas in the year 1779 his influence
at the board gave him the conduct of it himself. In an interval of four
years it may be presumed that great alterations might have happened in
the state of the evidence against him.
In the subsequent proceedings of the Governor-General and Council the
House will find that Mr. Barwell complained that his instances for
carrying on the prosecution were ineffectual, owing to the legal
difficulties and delays _urged by the Company's law officers_, which
your Committee do not find have yet been removed. As far as the latest
advices reach, no progress appears to have been made in the business. In
July, 1782, the Court of Directors found it necessary to order an
account of all suits against Europeans depending in the Supreme Court of
Judicature to be transmitted to them, and that no time should be lost in
bringing them to a determination.
SALTPETRE.
Public-domain text, read in full here on John Shaqi.
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