The Works of the Right Honourable Edmund Burke, Vol. 08 (of 12) — John Shaqi
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 interests have lately prevailed in the Court of Directors, which, by
the violation of every rule, seemed to be resolved on the destruction of
those privileges of which they were the natural guardians. Every new
power given has been made the source of a new abuse; and the acts of
Parliament themselves, which provide but imperfectly for the prevention
of the mischief, have, it is to be feared, made provisions (contrary,
without doubt, to the intention of the legislature) which operate
against the possibility of any cure in the ordinary course.
In the original institution of the Supreme Council, reasons may have
existed against rendering the tenure of the Counsellors in their office
precarious. A plan of reform might have required the permanence of the
persons who were just appointed by Parliament to execute it. But the act
of 1780 gave a duration coexistent with the statute itself to a Council
not appointed by act of Parliament, nor chosen for any temporary or
special purpose; by which means the servants in the highest situation,
let their conduct be never so grossly criminal, cannot be removed,
unless the Court of Directors and ministers of the crown can be found to
concur in the same opinion of it. The prevalence of the Indian factions
in the Court of Directors and Court of Proprietors, and sometimes in the
state itself, renders this agreement extremely difficult: if the
principal members of the Direction should be in a conspiracy with any
principal servant under censure, it will be impracticable; because the
first act must originate there. The reduced state of the authority of
this kingdom in Bengal may be traced in a great measure to that very
natural source of independence. In many cases the instant removal of an
offender from his power of doing mischief is the only mode of preventing
the utter and perhaps irretrievable ruin of public affairs. In such a
case the process ought to be simple, and the power absolute in one or in
either hand separately. By contriving the balance of interests formed in
the act, notorious offence, gross error, or palpable insufficiency have
many chances of retaining and abusing authority, whilst the variety of
representations, hearings, and conferences, and possibly the mere
jealousy and competition between rival powers, may prevent any decision,
and at length give time and means for settlements and compromises among
parties, made at the expense of justice and true policy. But this act of
1780, not properly distinguishing judicial process from executive
arrangements, requires in effect nearly the same degree of solemnity,
delay, and detail for removing a political inconvenience which attends a
criminal proceeding for the punishment of offences. It goes further, and
gives the same tenure to all who shall succeed to vacancies which was
given to those whom the act found in office.
[Sidenote: Provisional appointment for vacancies.]
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