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
There was, indeed, a prohibition against all concerns in trade to the
whole Council, and against all taking of presents by any in authority. A
right of prosecution in the King's Bench was also established; but it
was a right the exercise of which is difficult, and in many, and those
the most weighty cases, impracticable. No considerable facilities were
given to prosecution in Parliament; nothing was done to prevent
complaint from being far more dangerous to the sufferer than injustice
to the oppressor. No overt acts were fixed, upon which corruption should
be presumed in transactions of which secrecy and collusion formed the
very basis; no rules of evidence nor authentic mode of transmission were
settled in conformity to the unalterable circumstances of the country
and the people.
[Sidenote: Removal of servants.]
One provision, indeed, was made for restraining the servants, in itself
very wise and substantial: a delinquent once dismissed, could not be
restored, but by the votes of three fourths of the Directors and three
fourths of the proprietors: this was well aimed. But no method was
settled for bringing delinquents to the question of removal: and if they
should be brought to it, a door lay wide open for evasion of the law,
and for a return into the service, in defiance of its plain
intention,--that is, by resigning to avoid removal; by which measure
this provision of the act has proved as unoperative as all the rest. By
this management a mere majority may bring in the greater delinquent,
whilst the person removed for offences comparatively trivial may remain
excluded forever.
[Sidenote: Council-General]
The new Council nominated in the act was composed of two totally
discordant elements, which soon distinguished themselves into permanent
parties. One of the principal instructions which the three members of
the Council sent immediately from England, namely, General Clavering,
Colonel Monson, and Mr. Francis, carried out with them was, to "_cause
the strictest inquiry to be made into all oppressions and abuses_,"
among which _the practice of receiving presents from the natives_, at
that time generally charged upon men in power, was principally aimed at.
Public-domain text, read in full here on John Shaqi.
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