ledge therein, that he did, in a
public instrument, solemnly recognize, "_as a breach of treaty_," and as
such did subject to the consequent penalties, an act which he, the said
Hastings, did at the same time think, and did immediately declare, to be
"_no breach of treaty_"; and by so falsely and unjustly proceeding
against a person under the Company's guaranty, the said Hastings, on his
own confession, did himself break the faith of the said guaranty.
2d. That, in justifying this breach of the Company's faith, the said
Hastings doth _wholly abandon his second peremptory demand for the three
thousand horse_, and the protest consequent thereon; and the said
Hastings doth thereby himself condemn the violence and injustice of the
same.
3dly. That, in recurring to the original demand of five thousand horse
as the ground of his justification, the said Hastings doth falsely
assert "the engagement in the treaty to be _literally_ FIVE _thousand
horse and foot_," whereas it is in fact for TWO _or_ THREE _thousand
men_; and the said Hastings doth thereby wilfully attempt to deceive and
mislead his employers, which is an high crime and misdemeanor in a
servant of so great trust.
4thly. That, with a view to his further justification, the said Hastings
doth advance a principle that "_a scrupulous attention to the literal
expression_" of a guarantied treaty "_leaves_" to the person so
observing the same "_but little claim to the exertions_" _of a guaranty
on his behalf_; that such a principle is utterly subversive of all faith
of guaranties, and is therefore highly criminal in the first executive
member of a government that must necessarily stand in that mutual
relation to many.
5thly. That the said Hastings doth profess his opinion of an article to
which he gave an "_instant and unqualified assent_," that it was a
measure "_by which neither the Vizier's nor the Company's interests
would be promoted_," but from which, without some interposition, "_ill
effects_" _must be expected_; and that the said Hastings doth thereby
charge himself with a high breach of trust towards his employers.
6thly. That the said Hastings having thus confessed that consciously and
wilfully (from what motives he hath not chosen to confess) he did give
his formal sanction to a measure both of injustice and impolicy, he, the
said Hastings, doth urge in his defence, that he did at the same time
insert words "reserving the execution of the said agreemen
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