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Their judgment was declared by their resolution
to prosecute, which it depended upon himself to satisfy by making good
his engagement. To excuse his not complying with the Company's claims,
he says, "_that his compliance would be urged as a confession of
delinquency, and to proceed from conviction of his having usurped on the
rights of the Company_." Considerations of this nature might properly
have induced Mr. Barwell to stand upon his right in the first instance,
"_and to appeal_" (to use his own words) "_to the laws of his country,
in order to vindicate his fame_." But his performance could not have
more weight to infer delinquency than his promise. Your Committee think
his observation comes too late.
If he had stood a trial, when he first acknowledged the facts, and
submitted himself to the judgment of the Court of Directors, the suit
would have been carried on under the direction of General Clavering,
Colonel Monson, and Mr. Francis; whereas in the year 1779 his influence
at the board gave him the conduct of it himself.


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