r-General of Bengal, did unanimously resolve to accept the same,
and did also, under powers vested in the said court by the act of the
13th year of his present Majesty, "nominate and appoint Edward Wheler,
Esquire, to succeed to the office in the Council of Fort William in
Bengal which will become vacant by the said resignation, if such
nomination shall be approved by his Majesty": which nomination and
appointment was afterwards in due form approved and confirmed by his
Majesty.

That the Court of Directors did, by a postscript to their general
letter, dated 25th October, 1776, acquaint the Governor-General and
Council at Calcutta of their acceptance of the said resignation, of
their appointment of Edward Wheler, Esquire, to fill the said vacancy,
and of his Majesty's approbation of the said appointment, together with
the grounds of their said proceedings; and did transmit to the said
Governor-General and Council copies of the said instruments of
appointment and confirmation.

That the said dispatches from the Court of Directors were received at
Calcutta, and were read in Council on the 19th day of June, in the year
1777; and that Warren Hastings, Esquire, having taken no steps to yield
the government to his successor, General Clavering, and having observed
a profound silence on the subject of the said dispatches, he, the said
General Clavering, did, on the next day, being the 20th of June, by a
letter addressed to the said Warren Hastings, require him to surrender
the keys of Fort William, and of the Company's treasuries; but the said
Warren Hastings did positively refuse to comply with the said
requisition, "denying that his office was vacated, and declaring his
resolution to assert and maintain his authority by every legal means."

That the said General Clavering, conceiving that the office of
Governor-General was vacated by the arrival of the said dispatches,
which acquainted the Council-General of the resignation of the said
Warren Hastings and the appointment of the said Edward Wheler, Esquire,
and that he, the said General Clavering, had in consequence thereof
legally succeeded, under the provisions of the act of the 13th year of
his present Majesty's reign, to the said office of Governor-General,
become vacant in the manner aforesaid, did, in virtue thereof, issue in
his own name summonses to Richard Barwell, Esquire, and Philip Francis,
Esquire, members of the Council, to attend the same, and in the presence