stings was still in the legal possession of
his place, which had been actually filled up in England. It was
extraordinary that the nullity of this resignation should not have been
discovered in England, where the act authorizing the resignation then
was, where the agent was personally present, where the witnesses were
examined, and where there was and could be no want of legal advice,
either on the part of the Company or of the crown. The judges took no
light matter upon them in superseding, and thereby condemning the
legality of his Majesty's appointment: for such it became by the royal
approbation.
On this determination, such as it was, the division in the meeting, but
not in the minds of the Council, ceased. General Clavering uniformly
opposed the conduct of Mr. Hastings to the end of his life. But Mr.
Hastings showed more temper under much greater provocations. In
disclaiming his agent, and in effect accusing him of an imposture the
most deeply injurious to his character and fortune, and of the grossest
forgery to support it, he was so very mild and indulgent as not to show
any active resentment against his unfaithful agent, nor to complain to
the Court of Directors. It was expected in Bengal that some strong
measures would have immediately been taken to preserve the just rights
of the king and of the Court of Directors; as this proceeding,
unaccompanied with the severest animadversion, manifestly struck a
decisive blow at the existence of the most essential powers of both. But
your Committee do not find that any measures whatever, such as the case
seemed to demand, were taken. The observations made by the Court of
Directors on what they call "_these extraordinary transactions_" are
just and well applied. They conclude with a declaration, "_that the
measures which it might be necessary for them to take, in order to
retrieve the honor of the Company, and to prevent the like abuse from
being practised in future, should have their most serious and earliest
consideration_"; and with this declaration they appear to have closed
the account, and to have dismissed the subject forever.
A sanction was hereby given to all future defiance of every authority in
this kingdom. Several other matters of complaint against Mr. Hastings,
particularly the charge of peculation, fell to the ground at the same
time. Opinions of counsel had been taken relative to a prosecution at
law upon this charge, from the then Attorney and the then
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