of Letter fro all o the honourable -.rectors tl -t -India - Co e org e B' irrha 1 1 UNIVERSITY OF CALIFORNIA AT LOS ANGELES L E T T E R FROM MAJOR BURGHALL TO THE HONOURABLE THE DIRECTORS OF THE EAST-INDIA-COMPANY, 1 LETTER FROM MAJOR B U R G H A L L TO THE HONOURABLE THE DIRECTORS OF THEJ EAST- INDIA -COMPANY. GENTLEMEN, THE refolution of the igth of July 1780, made by the then Court of Directors, not to reftore me to >. the Company's fervice, has produced the fevereft effects ' on my mind and fituation. The terms of it reach both. N iny honor and fortune. The former is touched by it ; ^ becaufc I am forced to believe, it muft have proceeded from previous reprefentations, indirectly importing charges againft me for mifconduct as an officer, The latter is endangered by the refolution ; becaufe, if it ftiould remain unrevoked, I am for ever banifhed from tan honorable fervice, on which the fubfiftence of my* felf and family wholly depends. With fo much at flake, therefore, it would be both unnatural and un* , manly, if I did not make every effort to refill the double turn with which I am threatened. At firfl indeed the B refelution ( 2 ) refolution againft me fo wounded and agitated my that it's powers of aftion were fufpended. Birt after fome interval of reflection I refolved to adopt the mod vigorous and effectual meafures, as well for the vindi- cation of my character, as for the recovery of my em- ployment in the Company's fervice. Leaft, however, the (harpnels of my feelings fliould mifguide my judg- ment, and betray me into any error or impropriety in the mode of proceeding for the attainment of juftice, I no lon,er trufted to my own iingle and unaffifled opinion, but fought for the aid of legal advice and di- reftion. My firft ftep with this view was, to lay all the relative papers and fals of my cafe before my folicitor; and afterwards through him, thefe, with a ftatement of the principal occurrences in the firm of a cafe, were fubmitted for the confide ation of counfeh The refult h, that 1 am encouraged" by the counfel thus inftrucled, once more, Gentlemen, to offer myfelf for your con- fideration a ; nd : juftice. Notwithftanding too fo un- fdvorable a decision in the firil inftance, I truft you will give me the fame candid and impartial hearing as if it was intirely a new cafe. Severely as thh firft judg- ment operates, whilfl it is un epealed, I have never imputed to any member of your body the leaft wilful injuftice. No, Gentlemen, fo far from being guilty of fiich a cfifrefpecl, I have given each full credit for honor and 1 integrity of intention; and" I have attributed fiich decifion, partly to my own want of flcill in re- prefentihj ( 3 ) presenting my injuries, and panly to the influence o criminating papers hitherto unanfwered. Belides what I now propofe to fubmit to y,:u will in a great mea'ure render my cafe a new one. When I firft folicited your attenti n, I appeared as a c mplainant, and applied for a redrefs of grievances. But the extracts of Fort St. George confutations, which.have beendigefted for your vsfe, and which we:e firft communicated to me in June 1780, changes, or as I fhould rather fay, extends try original ground j and I now coir.e before you, not merely to fuilain my complaints of hardships, but prin- cipally as a defendant and to clear my character from criminating infinuations. Theie feems, however, an Lnfeparable connection between the two fituations -thus defcrihed ; for, unlefs I greatly mifcor.ceive the prefent circumflances of my own cafe, I ihall fail or fucceed i$. thi former, in proportion as I acquit myfelf in the latter, The refolution not to relbre 'm involves- two con- cluuons, both of which I equally controvert. It implies, that I am out x>f the Company's fervice. It more than implies that I am unworthy of being re-admit;ed. Therefore I will op-. n my objections to the refolution, by confid-ring it in each o f thefe points of view. In refpect to my being out of the fervice I have ever denied i: ; and if I am fo, it cannot be by reafon of a^.y act done avowe '.ly and directly ior that purpofe ; for none fuch can be pointed out. On the past of the B 2 Company, ( 4 ) Compar.y, no o:\ler has b:en pafled abroad or here, ex* preffing a removal of me. On my part there is not any expre s refignatton. I know indeed, that a conftruftive refignation is objected to me ; one faid to be warrantably inferred f om my actions and conduct. But before I can be jnftly diverted of fo valuable a conne&bn, as that of an officer with the Eaft India Company, by argument and conduction, it furely is neceflary to ftate and prove fome clear and ftrong grounds for fuch a proceeding. It is no flight th'ng to infer the renunciation cf an ho- rorable and beneficial employment; more efpecially when it has been enjoyed for 17 years, and the fub- fiftence of the party concerned, and of a large family, alrnoft wholly depends on continuing the pofleffion. The grounds and reafons for fo harfli and fevere an im- plication ought to be decidedly clear and unambiguous. Whether any fuch grounds exift in my cafe, will be feen by a review of the feveral circumftances, which have been or may be urged to warrant declaring me out pf the fervice. The 0r/gvWpretext of the Board at Madrafs for treat- ing me as out of the fervice was, that my letter to them of the 24th ofAuguft 17/8 contained a requejl of permijfi. n to refgn, and that by their yiJding to my requeft the refignation became complete. But if the terms of the letter thus rel'ed upon are reforted to, it will immediately appear, that I had not expreffed any thing like a wifh pr requeft of leave to refign. What it did exprefs was, that ( 5 ) that I bad afked leave from General Munro to return to V Madrafs ; and that in confequence of fevere difappoint- ments and hsavy expences, I intended returning with iny family to Europe. It was therefore mifreprefen- ting my letter to call it a requeft of leave to refign. It contained no rcqucjl to the Board of any kind. Kefig- ltati*n was not me ntioncd in it. Nor did the occafion of x the letter in the leaft juilify a fuppofition, that I vvifhed to refign. The difippointments I alluded to were v known by the whole army and fettlement to be of fuch a nature, that it could not be doubted, but that my return to England, if it took place, would be with a view, not to relinquifh the Company's fervice, but to afiert my rights and pretenfions to employment in it, ac- cording to my rank and commiffion as Major and Di- resftor of Engineers, by an appeal to the Court of Di rectors ; which latter purpofe was equally different A from and inconfiftent with the former. Foralmoft two ^ years together I had been continually feeking to be put upon duty in compliance with the ftrong recommen- dation from the Court of Directors, which accompanied my commiffion; nor did I entertain a thought leaving India, till I had loft all hopes of employment there without coming to England for the redrefs of my grievances ; as appears by the fads ftated in my primed cafe. Afterwards the Board at Madrafs found it convenient to re'tracl imputing to me apojttive and fA/r but that lefore the operations of the ficge commence^ I defired leave to return to Madrafs, and en my arrival delivered to them my letter of refignation ; adding, that J had founded my application to rrfign and go home chlejly on family conjiderations. In the fecond, dated the i3th of March, 1779, they are more decifive in refpect to my leaving Pondicherry ; for they pofi- tively aflert, what they had before only wifhed to in- iinuate, that I had left it when on duty. But the real facts of the cafe were widely different from this repre- fentation. No perfon can read thefe letters without fuppofing, that I was on a&ual duty at Pondicherry, and that I relinquished this duty at the critical moment, when it moft required my prefence. But in truth I was not ftrictly fpeaking on duty at Pondicherry ; for I was not there as a director of engineers or in any other official character. I both went and ftaid there without f^ any appointment. Before the war with France was known in India, repeated refufals to employ me had given ( 9 ) given bccafion to my 'avowing an intention to cohie . jtiome and reprefent my grievances j and in June, 1778, I had a&ually taken my paflage io the Latham Indiaman with that view. But, on report of the war with France, I renewed my applications for fervice ; and in confequence of the molt folemn and favorable aflurances from Sir Thomas Rumbold and General Munro, I poftponed my intention of returning, till the event of fome propofitions for putting me on duty A was known. In this fufpence of my affairs the fiege of Pondicherry was refolved upon ; and Major Stevens, who was appointed to that fervice as director of en- gineers, reprefenting to me his ill ftate of health and the uncertainty of his being able to take the field, I was induced by his requeft to go forward to Parmacoel for the purpofe of making preparations for the fiege, in order that the fervice might not be impeded by Major Stevens's abfence, and alfo in hopes, either that I fhould fucceed to his iituation as director of engineers, if he fliould continue too ill to leave Madrafs, or that the applications I then had depending for being em- ployed in fome other way might terminate in my favor. But I went on this fervice without either the form or the> ^ emoluments of any appointment ; and therefore my fer- vices were quite voluntary and gratuitous. After /\ flaying a (hort time at Parmacb'el, I proceeded to Pon- dicherry in confequence of a letter from General Munro. But (till I was there without any official cha- C racier. racier. I was" not put into the julic orders, nor in any reipect recogmzed according to my rank and itation. Not only a fnt was refufcd to r;,e ; but I was not even i.iaile acquainted iviy in manner before Jlated. Another injury which was done me whilft Mr. "Whitehill was president of Fort St. George, arofe from preferring a junior officer to a fhare of the revenue of the Company's lands inflead of me. This happened on the departure cf Colonel Rofs for England ; for by that ( '3 ) that event there was a vacant fliare ; but notwith- ftanding my applications, it was given to Major Mar- cell. Such were the injuries and hardfhips I fuffered pre- vious to the adminiftration of Sir Thomas Rumbold. But when he arrived to take the government of Fort St. George, I confoled myfelf for paft neglefts and fu- perceffions by the hope that the influence of the friends to the revolution of government on Lord Pigot's im- prifonment would no longer operate with effeft againft me. As to Mr. Whitehill's conduct as prefident, though he brought with him a vote of the Company, condemning the revolution in very unreferved terms, yet his actions made it apparent that he was no friend to thofe who had avowed their diflike of the meafures he was fent to counteract. I hoped for a different and better line of condudl from Sir Thomas Rumbold, and that he would at leaft fteer an equal courfe between the parties, into which the affair of Lord Pigot had unhappily divided the Settlement. But fo far at leaft as refpefted myfelf, my hopes were foon diffipated by the accumulation of new hardfhips and injuries. The firft difappointment I was mortified with, after the commencement of Sir Thomas Rumbold's adminif- tration, was the refufing to me the appointment of director of engineers with a detachment fent on an ex- pedition to Poonah, after a declaration that I was to be the perfon. The fad was thus: In March, 1778, the Prefidency of Bombay follicited a body of troops from Madras, to affift in the then projected expedition to ( 14 ) td Poonah. On this occafion I applied to the Board of Fort St. George, through Sir Heftor Munro, to be fent with the detachment for Bombay, and he in- formed me, that my offer was accepted, and that I was to have a brevet commiffion as lieutenant-colonel for this particular fervice, I being at that time in rank, with the army on the Madras eftablifhment, third ma- jor in order of fucceflion. But I was afterwards told by Sir He&or, that I could not go ; becaufe Major Henry Mar cell, who 'was of the infantry, and ordered for that fervice alfo, 'was a junior major to me. This difappointment of me, in refpeft to the Poonah expedition, was foon followed with a breach of promife in refpedl to the charge of the works at Tanjour. In May, 1778, I waited upon Sir Thomas Rumbold and Sir Heftor Munro at their own defire. They both af- fured me, that I fhould be immediately appointed to the charge of the works at Tanjour, which is known to be the fecond ftation in point of importance, for an engineer under the Madras Prefidency ; and, Sir Heftor afkinghow foon I could be ready to fet off, I mentioned the next day, upon which he declared, that my ap- pointment mould be made out the firft day of there being a Board. But notwithftanding all this, the appoint, ment of me to Tanjour did not atlaft take place; and, as an apology for this treatment, Sir He&or informed me, that if a field-officer, junior in rank to me, mould be appointed to command the Englifti troops in garri- fon at Tanjour, whilft I was carrying on the works there, it luould be the caufe of an interference on ac- count ( 15 ) fount of priority of rank. Nothing could be more dif- heartening than fuch a reafon for departing from the promife of this appointment. On the one hand, if it was the real motive for the refufal, excluiive of the implied difrefpect to the whole corps of engineers, it furnilhed an eternal objection to my being appointed director of the works at any fortification cf importance. On the other, if it was a mere device to conceal the real motive, then it proved that there was no ferious intention of employing me, but that I was ftill to be deluded by a feries of pretences, in order to exclude me from all fervice in my character of Director of En- gineers. Thefe two fucceeding difappointments, with a continuation of the in j ury, from fuffering an officer of junior rank to have a mare of the revenue in exclufion of me, notwithftanding new applications from me to be relieved in this refpect, operated fo forcibly on my mind as to induce a perfuafion, that the influence, which was fecretly exerted againft me by the friends of the recent revolution, mufl be [invincible. After therefore reflecting on my hopelefs fituation, I formed the refolution of returning to Europe, in order to re- prefent to the Court of Directors, how unattended- to my commiffion and their particular inductions concerning me had been ; and through their inter- pofition, to obtain a redrefs of the confequential in- juries. On this idea I, in June 1778, actually con- tracted for a paffage to England in the Latham India- man by way of China. But before the failing of this fhip, ( 16 ) Jhip, a confident report of war with France having prevailed at Madras, I again made offers of my fervice to the governor Sir Thomas Rumbold, and the com- mander in chief Sir Heftor Munro, accompanied with a renewal of my claim to a fliareof the revenue. My offers appeared to meet with a favorable reception from both ; and, particularly, Sir Thomas Rumbold affured me, that every thing mould be done to my fatisfaftion. This encouragement flattered me into a hope, that there would be a change of conduft towards me on the part of the Fort St. George Prefidency, and that I no longer fhould be excluded from fervice and employ- ment ; and in confidence of fuch a change, I cheer- fullyjelinquifhed my paffage on-board the Latham. But I had fcarce departed from my refolution of returning to Europe, before new caufes of difcontent were adminiftered to me. No flep was taken, either for admitting me to a fhare of the revenue, for the time to come, according to my rank, nor any fit mode of re- compence propofed for the exclufion of me from that advantage, for the time paft, in favour of an officer my junior in rank, and therefore in breach of the rule of the fervice. A propofal, which I made to Governor Rumbold and the feleft Committee through SirHe&or Munro, for being appointed field-engineer on the Madras eftablifhment, during the war, or till the company's pleafure fhould be known, was rejected with much afperity. Though, from my zeal for my coun- try and the company, joined with a defire of mewing attention to Major Stevens, as a brother-officer, I fup- plied plied his place at the commencement of the fiege of Pondicherry, and till it was convenient to him to come and aft for himfelf ; and though I confented to do this without pay or emolument of any fort ; yet the Board of Fort St. George was ftill fo unmoved by my fitua- tion, that they fuffered Major Stevens to leave Ma- dras, when there was not one engineer left to fucceed him in fuperintending the works there, without hold* ing out to me either that charge or any other fervice whatever. Thefe new injuries convinced me that it would be Vain arid fruitlefs to wait longer for any arrangement in my favour. Seeing alfo, by Major Stevens's arri- val at Pondicherry, that I was not only without any official iituation or any confidence repofed in me, but perfectly ufelefs, and treated with every flight whicfi could tend to make me contemptible to the reft of the army, my patience became exhaufted, and I renewed my intention of returning to England for redrefs of my grievances, and wrote the letter expreffive of it to the Fort St. George prefidency, which was afterwards conftrued, and is ftill urged againft me, as a refigna- tiori. Scarce had I made known to the Fort St. George prefidency my intention of returning to England, be- fore I difcovered a new inftance of their ill treatment of me. When Major Stevens left Madras to go to the fiege of Pondicherry, the Board forefaw the pro- bability of my return to the prefidency ; for they knew that I was at Pondicherry as' a' volunteer merely to C fupply ( 18 ) fupply the place of Major Stevens till he Could attend himfelf, and were apprized, almoft immediately after Major Stevens's arrival at cainp, (which was on the 17th of Auguft, 1778,) that I had declared my inten- tion of leaving it. They were alfo aware that Major Stevens's abfence from Madras would leave that place without one engineer to fuperintend the important works which were then carrying on at that defencelefs place ; and therefore that, a* well in this refpeft, as alfo in refpeft of my being without any appointment, my pretenfion to the charge of the works at Madras would become almoft invincible, becaufe indifpenfa- ble. In fuch a fituation it required uncommon artifice and management to difappoint me. But my enemies proved themfelves fully adequate to the tafk. Whilft I was preparing to leave the camp, the feleft Com- mittee of Fort St. George meditated the means of ex- cluding me from all hope of fucceffion to the charge of the works at Madras : with which view they even at- tempted to fill the vacancy there before my arrival. On this plan, they on the 24th of Auguft 1778, (which was only a week after Major Stevens's arrival at camp,) difpatched a letter to Sir Heftor Munro ; in which, after reprefenting how highly necefiary it was to have fome perfon to attend to the fortifications at Madras, and that they had not one engineer left to fit- perintend the works, they defired Sir Hector Munro to direct Major Stevens to fend an officer of that corps to Madras. At the fame time care was taken, in fome other way, to make it known, that not I, but Captain Manic, X 19 ) Maule my junior in rank, was the perfon they wilhed to have fent ; and fo early was this intention communicated to Captain Maule, -that he left the camp without waiting for his appointment, and ar- rived at Madras within twelve hours after me. How- ever the plan did not immediately fucceed ; for Sir Heftor Munro did not receive the letter from the feleft Committee till I had actually left the camp ; and therefore, inftead of complying with the requeft made to him, he wrote for anfwer to Madras, that he hoped my being there would be fufficient. But this fud- den requisition of an officer to fuperintend the works at Madras being a fecret to me at the time, I perfe- vered in the meafure of delivering to the Board of Fort St. George the letter containing my refolution to return to England. Confequently they were furnimed with a pretence for declining Sir Heflor Munro's re- commendation of me ; and accordingly, under the co- lour of my letter, and on the ground that, having in purfuance of it granted me leave to go home, they could not appoint me, they renewed their application to Sir Hector for another perfon ; which was imme- diately followed with his and Major Stevens's nomi- nation of Captain Maule. There were alfo fome far- ther circumftances, which aggravated the deceptious treatment of me in this affair. Originally, Captain Maule arrived at Madras without any llatement of ill health, from the commander in chief, to explain the caufe of it j and I am perfuaded that he was fent to Anticipate me. But when Sir Heclor faw, from the C 2 Board's ( 20 ) Board's letter declining .to name me, what their views were, Captain Maule's health was reprefented as the reafon of his leaving the camp. Afterwards, however, both the reafon of the Board's fending for any engi- neer to Madras, and the caufe of Captain Maule's go- ing there, were made apparent ; for as foon as the Board had proceeded the length of declaring my letter to them a resignation, it was difcovered that no engi- neer was neceflary to fuperintend the works at Madras, and that Captain Maule was well enough to bear field :he fadt being that Captain Maule returned to duty in the camp before Pondicherry within a few hours after the Board had notified to me, by their letter of the 5th of September, that they confidered my let- ter of the 24th of Auguft as a requeft to refign the fervke. If this farther ill treatment of me is confi- dered, it will appear to inclqde many ftriking paflages. Till I was on the point of returning to Madras, the Board faw no neceffity of having an engineer to fuper- intend the works there. But when that is reduced to a certainty, the importance of having one is imme- diately difcovered, and a fudden requifition is made to Sir Hetor M \inro, fo fecreted from me, and otherwife fo managed, as to raife up Captain Maule for my ex- cluiipn. Again ; when from the priority of my ar- rival at Madras, Sir Hedlor is found to recommend me to the charge of the works at Madras, then my own letter, into which I had been provoked by want of em- ployment and their ill treatment, is ufedasa colour for denying it to me. Next, to complete my exclufion from the works at Madras, Captain Maule is ftated to have left camp on account of his ill health, and to have been on that account fent to Madras ; and under this idea he obtains charge of the works there. But the moment my exclufion is perfected, the Board re- verts to the idea of thinking an engineer at Madras un- neceflary, and Captain Maule fo recovers his health as to return to camp. Is it poflible to account for this changeable and accommodating fort of conduct of the Board at Madras upon any other idea, than that they did not wiih to have Mr. Btnfield, the contra&or for the works at Madras, fuperintended by any engineer (b long as it could be avoided; and that at all events they determined, that I mould not be the perfon to exercife the controul arifmg from fuch a fuperinten- dence ? Is it not apparent, that throughout this bu- fmefs I was cruelly overreached ? Is it not demonftra- ble, from Sir Hector Munro's letter recommending me to the charge of the works at Madras, that he did not confider my leaving the camp at Pondicherry, or the letter, which he knew I was to deliver on my arrival at Madras and had feen, as any juft orreafonable ground for not naming me to the charge of the works at Ma- dras ? and could they entertain a doubt, but that I fhould have been eager to have receded from my inten- tion of going to England, and to have accepted fo im- portant a fituation, if the matter had been explained to me, and they had made me a tender of it } What followed this exclufion of me from being Di- of the works at Madras, and this unjuft con* itruftioi) ( 22 ) ftrution of my letter of the 24th of Augufl into a re- fignation of the fervice, is fo much enlarged upon in my former printed letter to you, Gentlemen, that I will here do little more than bring to your remem- brance, that before I adually left Madras on my re- turn to England, I repeatedly made a tender of my fervices as often as any vacancy prefented itfelf. The moment I heard of Major Steven s's being killed at Pondicherry, I waved my intention of going to Eng- land and offered to ferve in his room ; and, when I .was told by the Board that it could not be, and that I was out of the fervice, I repeatedly complained of their fo conftruing my letter of the 24th of Anguft, and ftrongly denied all intention to refign. I again tendered myfelf to the feleft Committee, the moment I knew of their defign to lay fiege to Fort Mahe. But they ftill rejected me on the ground of being out of the fer- vice ; and though I made feveral farther attempts to remove the difficulty from this conftruflion, all was to no purpofe ; fo that at laft I was driven into the meafure of returning to England, by the molt perfect evidence, that any longer ftay at Madras muft terminate in the ruin of myfelf and family. Here, Gentlemen, I conclude my detail of the in, juries which I received from the Fort St. George Prefi- dency ; and I hope that my manner of ftating them will enable you to judge, not only of the extent of my grievances, but alfo of the fort of influence under which this perfecution of me was carried on, during the the three fucceffive adminiftrations of Mr. Stratton, Mr. Whitehill and Sir Thomas Rumbold. The refult is, that I was firft induced to write the letter of the 24th of Auguft, which expreffed my in- tention of returning to England, by continual exclu- fions from every fervice which the courfe of events prefented in my favour ; and that afterwards, when on new events 1 was anxious to relinquifh my firft de- fign, I was forced into the meafure of actually return- ing, by being peremptorily and repeatedly told, that I was no longer in the Company's fervice. Thus too, upon the whole, I continued near three years under the Madras Prefidency, without being able to obtain any appointment in conformity to my rank and commifiion, except in the fingle inftance of my being named to the injlgnificant and nominal Jiation of Trichinopoly, which was given me for the fake of difappointing me of the real and important charge of the works at Ma . dras and Tanjore. Under thefe circumftances of provocation and 111 treatment, Ifubmit to you, Gentlemen, that though either the letter I wrote to the Fort St. George Prefi- dency to notify my intention to leave the coaft, or my fubfequent actual return to England, mould be capa- ble of being drained into a refigaation of the Compa- ny's fervice ; a conilruftion, to which, for the rea- fons in my former printed letter, I can on no account accede ; yet I truft that there is enough to influence you to decline infilling on fuch a rigorous interpreta- tion; tiofl ; and, if 1 really am out of the ferwice, to re -inflate me by a vote ofreftoration. I have; only one other faft to Hate in refpeft to the refignation objeded to me. It is, that notwithfland- ing the decided terms, in which Sir Thomas Rumbold, Mr. Whitehill, and the other members of the Fort St. George Prefidency, infifted on that conftruftion of my conduct againft me, notwithftanding their long and obftinate adherence to the fame conftru&iori, and their repeated refufal of my tenders of fervice on that ac- count; and notwithftanding alfo the confcionfnefs, that in their correfpondence with the Company at home, they not only had treated me as out of the fer- vice, but had grofsly mifreprefented the circumftances under which I left Pondicherry, and thereby had injti- rioujly converted it into a defertion of duty of the moft exceptionable kind ; yet, when they found me on the point of going on-board a fhip for Europe, attempts were made on their part to difTuade me from that mea- ^ fare. My paffage had been paid for ; my family was embarked on-board the Gatton India-fhip, then in Madras xoad; and this fhip, .having received her dif- patches on-board, was under fignals for my coming off, At this late moment, the adjutant-general, Colonel Burrowes, came to acquaint me that the Governor and y^ General defired to fee me immediately. I went to them fucceflively without hefitation, relying on Mr. Tafwell, the matter-attendant, for the flay of the fhip on my behalf. My firft conference was with Sir Tho- mas Rumbold j but it gave me no fatisfaftion, for the inducements inducements he fuggefted for my not quitting India coniifted merely of general promifes, and an affurance of the Board's fending home the Court of Directors the Jlrongeft letters on my behalf, I next waited upon Sir Hector Munro. The General affured me, if I would ftay, of the ilrongeft letters to the Court of Directors, and to all his friends, in my behalf. For this I made the due acknowledgements; but I concluded with ob- ferving, that my ill treatment had been carried to an. extremity, and that the language of Sir Thomas Rum- bold, and the other members of the felect Committee, had been fo peremptory againft me, and my funds were fo deeply affected by paft injuries, that it was now too late for me to retract on the flngle ground of general affurances. At both of thefe feparate con -. ferences, with Sir Thomas Rumbold and Sir Hector Munro, Col. Burrowes was prefent. How inconlift- ent is this conduct, of Sir Thomas Rumbold and Sir Hector Munro, with the report of my character and conduct by Sir Thomas Rumbold and the felect Com- mittee of Fort St. George to the Court of Directors ! If their report is to be credited, I had deferted my duty and refigned the Company's fervice in the critical mo- ment of action, and was remitted home as undefirvinr of any farther connection with the company. But ac- cording to thefe propofals from the Governor and Ge- neral for my ftay in India, I was a perfon worthy of be- ing reprefented to the Company in the Jirongeji and jnojl favorable terms, and one of fo much confequence as to be folicited not to remove myfelf out of the reach D of of farther fervice, As too, this offer hy Sir Thomas Rumbold and Sir Hedor Munro to reprefent me in ftrong and favorable terms to the Company, and this effort by them to prevent my leaving India, were fub- fequent to every topic of objection raifed againft me by Sir Thontas Rambold and the felecb Committee, was it not an implied conceffion, fo far as Sir Thomas and the General are concerned, that the previous unfa- vorable reprefentations of me lucre improper and riot jit to Be ttdbered to ? II. I now come to the differences with the Fort St. George frefidency, in confequence of my being appointed Di- reclor of the works of Trichinopoly, which I take to be the only ground of objection to my conduct, exclufive of the fuppofed refignation urged againft me. This matter has never yet been formally obje&ed a- gainff me; nor did it form any part of the grounds on which die Prefidency of Fort St. George profeffed ei- ther to deny my applications for employment,, or to confider me as having refig'ned the fervice. But, r>y from the careful manner in which all the extracts of Fort St. George confutations, relative to my ap- pointment to the Trichinopoly ftation, have been fe- le&ed and brought together, 1 conclude that my ene- mies have called the attention of the Company to it f * with a view to excite prejudices againft me. It there- fore behoves me to fay fome thing on this head. I have I have already had occafion to ftate, that my appoint- ment to Trichinopoly was part of a fcheme devifed by Mr. Stratton's adminftration to difappoint me of the Madras and Tanjour ftations. The fadt was, that no fortifications were carrying on at Trichinopoly; and, as there was no duty for me as a director of en- gineers, to be employed in at that place, fo there was no ferious deiire of my going to it. However, left I mould be miftaken in this refpeft, I enquired of Mr. Stratton perfonally, and alfo of fuch of the other members of his adminiftration as were then at Madras, if there was any thing to be done at Trichinopoly; to which their anfwer was in the negative, and that if I pleafed I might ftay at Madras. I was alfo confirmed in the idea of there being no fervice for me to perform at Trichinopoiy, as well by the Nabob of Arcot's fecond fon Aumeer ul Omrah, who was his governor of the place, as by the Nabob himfelf. After thefe explana- tions, I thought myfelf fnfficiently warranted to be ab- fent from Trichinopoly ; and as I confidered the ap- pointment of me to that ftation, both as calculated to injure me by keeping rne out of fervice really impor-. tant, and as coming from an illegal government, and was therefore anxious to evince my diflike of the ap pointment, and to avoid giving efFeft to it ; I without hefitation continued at Madras. But in the latter end of June 1777, which was near fix months after my be- ing named for Trichinopoly, Brigadier-general Stuart thought fit to report my abfence from that place to the Board, and he complained of it for being without his D 2 leave, ( 28 ) y leave as commander in chief. This was followed by my calling upon the General, and the interview v/as attended with fome difagreeable circumftances; he on the one hand, being jealous of my not fully acknow- ledging him as the legal commander in chief, and there- fore claiming apology ; and I on the other, from an opi- nion unfavorable as well to his conduft in the prece- ding revolution as to that meafure itfelf, not being difpofed to make any conceffions to him which could * be avoided, and therefore declining it. In fhort, the difference on this conference became fo ferious, and the General was fo offended with fome warm expreffions which I retorted upon him in the prefence of Mr. Stratton, and which he might have wifhed had not been heard by any but himfelf, that he ordered me under an y arreft, and afterwards ftated the whole matter, except the words I had offended him by, in a letter, by way of complaint to the Prefidency. But before the arreft, and alfo before his letter againft me to the Board, I had addrefied and prefented one to them againft him; and in it he was charged with advifing or confenting to the order appointing Major Cooke commandant at Madras over Lieutenant-Col. Rofs and myfelf, his feniors in rank, which conduct, tending to a fubverfion of the rights of the corps of Engineers, as exprefsly afcertain* ed by an order from England, and confirmed in general orders at Madras, I reprefented to be contrary to mili- tary difcipline, and likely to involve the Company's military affairs in confufion. On confidering thefemu- $ual charges, the council declined proceeding on my charge ( 29 ) charge againft General Stuart ; but ordered a court* martial againft me on the following articles delivered by General Stuart ; namely, Firft, for being abfent from my duty and ftation without leave. Secondly, for accufing the commander in chief of having infringed the military law. And thirdly, forrefufing the arreft under which he had ordered me to be put. But when the affair had reached this extremity, and the difputa- ble authority of thofe, who on the late revolution had aflumedthe government, was on the point of being ex- ercifedto my deftru&ion, Sir Edward Hughes, Sir Ed ward Vernon, and the honorable Capt, Waldegrave all generoufly interpofed themfelves in my favour effect a reconcilement and to flop all farther proceed- ings. I thought myfelf greatly honoured by the me* diation of three officers of fuch rank and quality, and of chara&ers fo highly refpecled ; more efpecially as it was wholly unfolitited, and flowed from their own ge- nuine feelings for my fituation, and from their difcern- ing the ill tendency of the harfh meafures adopted a gainft me by the council, and the danger of thereby bringing forward the difcuflion of points relative to tb* legality of the exifting government. Notwithftanding too my own opinion, that the powers of government at the Presidency were then illegally exercifed, yet Idreadf ed the idea of involving the fettlement in civil commo- tions ; and therefore I was happy to fee the profpeft of clofmg my difference with the acling council and General Stuart, under the mediation of perfons incapa- b^e of advifing me to acquiefce in any fubmiffion or meafuro ( 3 ) meafure derogatory from the character of a gentleman and a foldier. With thefe ideas on the fubjeft, I fur- rendered myfelf without fcruple or referve, to the di- y re&ion of the very refpeftable mediators before men- tioned ; and by their influence, a compromife was at length agreed upon. The terms were, that I fhould fubfcribe an apology to the council and General Stuart, exprefling concern at having given occafion for the court-martial, and imputing my conduct to my own mifapprehenfions ; and that, in confideration of this conceffion, all farther proceedings againft me mould be flopped j and, on receiving my letter of apology, the council came to a refolution in which they declared it fatisfaftory, and countermanded the order for the court-martial upon me. Here my chief conteft with Mr. Stratton and his council, and General Stuart ter- minated. What pafled afterwards in refpeft to my appointment to the Trichinopoly flation, amounts to little more than this. About three weeks after the V corapromife, I folicited the Board to be permitted to do duty in the garrifon at Madras, inftead of going to Tri- diinopoly. But Mr. Stratton and his council refufed to grant my requeft, and made anew order for my go- ing to the latter place. I accordingly did make a fhort vifit there, and returned to Madras with confent of Lieutenant-Col. Flint, the commanding officer at Tri- chinopoly. But within a few days after my return, Sir Thomas Rumbold arrived at Madras to take the government ; and on receiving an order from the new government to repair to Trighinopoly, I wrote a letter to C 31 5 to the governor and council on my conduct during the late time of ufurpation. The purpofe of it was to ex- plain, that I confidered myfelf as greatly injured and opprefied by Mr. Stratton and his council; and that though to avoid a diflurbance of the peace of the fet- tlement, I had for a time externally acquiesced in their appointment of me to Trichinopoly, yet I never, in truth, confidered myfelf as appointed to that ftation by a competent authority ; obferving at the fame time, that if the new and legal government mould think fit to appoint me there, it would require no other answer than my obedience, and that as I was very anxious to free myfelf from any imputation, or even fufpicion of diiobedience or difrefpefl to my lawful fuperiors, I entreated them to fufpend their decifion on my conduct till I could be prepared with a memorial and reprefen- tation of it. To this letter, which was fent to the new adminiftration within a week after Sir Thomas Rumbold's arrival, I received noanfwer-j and as I did not hear any thing more from them about my appoint ment to Trichinopoly, and in all my fubfequent cor- refpondence it was notfo much as once noticed, I con- fidered them as fileivtly and implied!)' conceding to my wiihes, that the appointment was irregular, or at leaft not fit to beinjiftedupan. This review of the tranfactions relative to the ap- pointment of me to the Trichinopoly flation, I hope will entirely remove all the prejudices which may have been excited by a mere perufal of the Fort St. George Confutations on this head. Exprefled in a fliorter compafs ( 32 ) toiapafs, the material parts of the tranfaftion amount to this. Afting under an illegal government, and appointed by them to a ftation where no bufinefs in toy line as an engineer was going on, in order to ex- clude me from the important ftations of Madras and Tanjore, I availed myfelf of the leave given by the aiing governor and council to remain abfent from the Hation, without reforting to the afting commander in V chief, whofe power I confidered as illegal, and to whofe influence I in part imputed the injury from fuch an appointment. When this commander ia chief complained of my abfence, becaufe it had not re- ceived his fanclion, not for the fake of any fervice to the Company, but in order to extort from me a for- mal and unneceffary recognition of his authority, and treated me with a contemptuous haughtinefs, my paf- fions were inflamed, and I privately ufed fome warm expreflions towards him. When too he threatened me with a court-martial, and I faw my life and ho- nour in danger of fuffering from the exertion of power which I confidered as illegal, I endeavoured to refill the attack, by charging my adverfary with being, as I really believed him to be, the chief advifer and promoter of a breach of the Company's orders and military difcipline, to the dilhonour and fuperfefiion of the corps of engineers, and of myfelf as an officer of that corps and the third in it in point of rank. When alfo my charge was thrown afide, and the fub- lequent one of my adverfary was received, and a court- martial was ordered againft me, I had the diftinguifhed honour ( 33 ) honour of being preferred from farther perfecution, by the voluntary interpofition of three officers in the king's fervice of high rank and quality ; and as well in deference to their mediation, as for the fake of avoiding to involve the fettlement in a civil commo- tion about the powers of illegal government, I con- fented to compromife the affair by an apology to thofe whofe only objedl was to obtain a recognition of the difputed authority. After this compromife, I cau^ tioufly declined all farther controverfy with the acting commander in chief; and though I was Hill averfe to the ftation to which I was injurioufly appointed by an illegal government, and therefore endeavoured to avoid it, yet I fo far acquiefced as not avowedly to op- pofe their pleafure, and thereby was preferved from any new poiitive breach with them. But when Sir Thomas Rumbold arrived, and a legal government was again fully eftablifhed, and I was called upon to go to the ftation which had been forced upon me, I avowed my opinion, that I confidered the appoint- ment as an injury done to me by an illegal govern- ment, and that my previous acquiefcence was a ne- ceflary facrifice to the peace of the fettlement. At the fame time, to prevent all poflibility of mifconflruc- tion, and to exculpate myfelf from every fufpicion of difrefpecl to a legal government, I reprefented myfelf as ready to anfwer the commands of the new adminif- tration by the moil prrfed and immediate obedience. Finally, this explanation of myfelf was fo fatisfactory to thofe to whom it was addreffed, that in all my K fubfequent ( 34 ) fubfequent communications with them, my appoint- ment to Trichinopoly was never the fubjed of the leaft difcuffion, nor was it ever ftated as an obje&ion to any of the applications I afterwards made for being put upon duty and fervice. Such is the real nature of my tranfadlions with the Fort St. George presidency in relation to the appointment of me to the Trichino- poly ftation ; and as it only proves that I was injured fcy an illegal adminiftration, and that being involved in controverfy with them I temporized, rather than endanger the Company's affairs, I cannot help flatter- ing myfelf that the farther difcuffion of this part of my cafe will become unnecefTary. But mould any thing be wanting to remove the objections to me on this head, I am furnifhed with materials which will ena- ble me to enter more minutely into the affair, and in that cafe I have every reafon to believe, that Sir Ed- ward Vernon and Captain Waldegrave, who are both now in England, will readily bear teftimony of fuch of the relative fads as fell within their knowledge, when they obligingly and generoufly joined Sir Edward. Hughes as mediators in my favour. Gentlemen, I have at length exhaufkd all the facls and obferva- tions, which atprefent appear to merequifite for your, information and guidance in the final decifion upon iny cafe. In the printed letter, to which this is a fup- plement, ( 35 ) plement, I exhibited the grounds, upon which I al- lege, that it is a cruel injury to confider me as having refigned the Company's fervice. In the prefent letter, I have enumerated the various provocations, under which I ated whilft under the Fort St. George prefi- dency ; and have thence fhewn how harm it would be to take advantage of my conduft, even though in ftrict . nefs it bad amounted to a refignation. On both and each of thefe foundations I addrefs myfelf to you as reprefentatives of the Eaft-India Company, with a rm reliance on your juftice, humanity and genero- ftty; and in confidence, that by your conduft, you will finally refcue the character of an injured officer of the Company, from the mifreprefentations under which it has fo long fuffered from your fervants abroad, and alfo make fuch a compenfation to him as mall bear a full proportion to the injuries which have been heaped upon him ; and at the fame time accord with the dig- nity of the great Company, in whofe military fervice I ftill claim to be, andfhall ever be ambitious to remain. What is the proper mode of effecting this generous purpofe is more fit to be left to your feelings and judgement than to be particularifed by me. I will therefore only add, that though the exhaufted flate of my fortune, from the injuries I have received, ren- ders me, for the fake of a dear and numerous family, anxious to receive fome part of the compenfation in a pecuniary form, yet I would wifti to have the principal part through the medium of fome military duty and ftation^ 354624 ( 36 ) Hation, fuitable to the pretenfions of one of my rank,, {landing and character, in the Company's fervice. Gentlemen, with great refpeft, I have the honour to be Your moft obedient And moft devoted fervant, GEORGE BURGHALL, UNIVERSITY OF CALIFORNIA LIBRARY Los Angeles This book is DUE on the last date stamped below. Form L9-32m-8,'58(5876s4)444 SOUTHERN REGIONAL LIBRARY FACILITY A 000017700 6