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
On the 21st July, 1778, he moved, and succeeded in his proposition, that
the execution of these orders should be suspended. The reason he
assigned for this suspension lets in great light upon the true character
of all these proceedings: "That his consent to the recall of Mr. Graham
would be adequate to his own resignation of the service, as it would
inflict such a wound on _his authority and influence_ that he could not
maintain it."
If that had been his opinion, he ought to have resigned, and not
disobeyed: because it was not necessary that he should hold his office;
but it was necessary, that, whilst he hold it, he should obey his
superiors, and submit to the law. Much more truly was his conduct a
virtual resignation of his lawful office, and at the same time an
usurpation of a situation which did not belong to him, to hold a
subordinate office, and to refuse to act according to its duties. Had
his authority been self-originated, it would have been wounded by his
submission; but in this case the true nature of his authority was
affirmed, not injured, by his obedience, because it was a power derived
from others, and, by its essence, to be executed according to their
directions.
In this determined disobedience he was supported by Mr. Barwell, who on
that occasion delivered the dangerous doctrine to which your Committee
have lately adverted. Mr. Fowke, who had a most material interest in
this determination, applied by letter to be informed concerning it. An
answer was sent, acquainting him coldly, and without any reason
assigned, of what had been resolved relative to his office. This
communication was soon followed by another letter from Mr. Fowke, with
great submission and remarkable decency asserting his right to his
office under the authority of the Court of Directors, and for solid
reasons, grounded on the Company's express orders, praying to be
informed of the charge against him. This letter appears to have been
received by Mr. Hastings and Mr. Barwell very loftily. Mr. Hastings
said, "that such applications were irregular; that they are not
accountable to Mr. Fowke for their resolution respecting him. The
reasons for suspending the execution of the orders of the Court of
Directors contain _no charge, nor the slightest imputation of a charge_,
against Mr. Fowke; _but I see no reason why the board should condescend
to tell him so_." Accordingly, the proposition of Mr. Francis and Mr.
Wheler, to inform Mr. Fowke "that they had no reason to be dissatisfied
with his conduct," on the previous question was rejected.
By this resolution Mr. Hastings and Mr. Barwell discovered another
principle, and no less dangerous than the first: namely, that persons
deriving a valuable interest under the Company's orders, so far from
being heard in favor of their right, are not so much as to be informed
of the grounds on which they are deprived of it.
Public-domain text, read in full here on John Shaqi.
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