ed his own
situation in this particular. It was much to be lamented, indeed. How
far it will furnish justification, extenuation, or palliation of his
conduct, when we come to examine that conduct, will be seen.
These circumstances in the system have in a great degree vitiated and
perverted what is in reality (and many things are in reality) excellent
in it. They have rendered the application of all correctives and
remedies to abuse, at best, precarious in their operation. The laws that
we have made, the covenants which the Company has obliged its servants
to enter into, the occasional orders that have been given, at least
ostensibly good, all have proved noxious to the country, instead of
beneficial.
To illustrate this point, I beg leave to observe to your Lordships, that
the servants of the Company are obliged to enter into that service not
only with an impression of the general duty which attaches upon all
servants, but are obliged to engage in a specific covenant with their
masters to perform all the duties described in that covenant (which are
all the duties of their relation) under heavy penalties. They are bound
to a repetition of these covenants at every step of their progress, from
writer to factor, from factor to junior merchant, and from junior
merchant to senior merchant. They ought, according to the rule, to renew
these covenants at these times by something (I speak without offence)
which may be said to resemble confirmation in the Church. They are
obliged to renew their obligation in particular to receive no gifts,
gratuities, or presents whatsoever.
This scheme of covenants would have been wise and proper, if it had
belonged to a judicious order, and rational, consistent scheme of
discipline. The orders of the Company have forbidden their servants to
take any extraneous emoluments. The act of Parliament has fulminated
against them. Clear, positive laws, and clear, positive private
engagements, have no exception of circumstances in them, no difference
_quoad majus et minus_; but every one who offends against the law is
liable to the law. The consequence is this: he who has deviated but an
inch from the straight line, he who has taken but one penny of unlawful
emolument, (and all have taken many pennies of unlawful emolument,) does
not dare to complain of the most abandoned extortion and cruel
oppression in any of his fellow-servants. He who has taken a trifle,
perhaps as the reward of a good action, i
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