Page:Observations on the disturbances in the Madras army in 1809.djvu/25

Rh the cause they had so rashly adopted, there could, assuredly, be no apprehension of the judgment of thirteen officers of rank (all of whom, if it had been thought necessary, might have been chosen from his Majesty's service) giving a biassed or unjust sentence. The Government of Madras, in their dispatch to the Court of Directors upon this subject, draw a directly opposite conclusion from this fact, which, they say, "proves in itself the inexpediency "of their having had recourse to such a proceeding ;" but they state no grounds for this conclusion. In the whole course of this affair they appear to have been much, if not solely, guided by the opinion of their law officers : and no man can peruse the letter of Lieutenant- Colonel Leith upon this subject, without a just respect for the talents and extensive legal knowledge of that public officer. But those that think great, numerous, and obvious evils resulted from the decision of Government on the case of Lieutenant-Colonel Munro, will not immediately perceive the necessity of its having been governed by rules of law in its decision on a question which clearly involved the most serious considerations of state policy. They will think, and with justice, this was a question not for lawyers, but statesmen ; who, in the exercise of their legitimate discretion, are in the situation in which Mr. Burke has so well described legislators ; and therefore, like them, " ought to do what lawyers cannot, for they have no " rules to bind them but the great principles of reason " and equity and the general sense of mankind ; these " they are bound to obey and follow : and rather to " enlarge and enlighten law by the liberality of legislative " reason, than to fetter and bind their high capacity by " the narrow constructions of subordinate artificial justice."

Several months previous to General Dowall's departure for England, that officer had been called upon by the Governor to repress a Memorial to the Governor General, on the subject of late reductions, which was stated to be in