X. That, in order further to excite the spirit of disobedience in the Company’s servants to the lawful authority set over them, he, the said Warren Hastings, did treat contemptuously and ironically the supposed disposition of the Company’s servants to obey the orders of the Court of Directors, in the words following.  “The recall of Mr. Markham, who was known to be the public agent of my own nomination at Benares, and the reappointment of Mr. Francis Fowke by your order, contained in the same letter, would place it [the restoration of Cheyt Sing] beyond a doubt. This order has been obeyed; and whenever you shall be pleased to order the restoration of Cheyt Sing, I will venture to promise the same ready and exact submission in the other members of the Council.” And he did, in the postscript of the said letter, and as on recollection, endeavor to make a reparation of honor to his said colleagues, as if his expressions aforesaid had arisen from animosity to them, as follows.  “Upon a careful revisal of what I have written, I fear that an expression which I have used, respecting the probable conduct of the board in the event of orders being received for the restoration of Cheyt Sing, may be construed as intimating a sense of dissatisfaction applied to transactions already past.—­It is not my intention to complain of any one.”

XI.  That the said Hastings, in the acts of injury aforesaid to the Rajah of Benares, did assume and arrogate to himself an illegal authority therein, and did maintain that the acts done in consequence of that measure were not revocable by any subsequent authority, in the following words.  “If you should proceed to order the restoration of Cheyt Sing to the zemindary, from which, by the powers which I legally possessed, and conceive myself legally bound to assert against any subsequent authority to the contrary derived from the same common source, he was dispossessed for crimes of the greatest enormity, and your Council shall resolve to execute the order, I will instantly give up my station and the service.”

XII.  That the said Warren Hastings did attempt to justify his publication of the said libellous letter to and against the Court of Directors by asserting therein that these resolutions (meaning the resolutions of the Court of Directors relative to the Rajah of Benares) “were either published or intended for publication”:  evidently proving that he did take this unwarrantable course without any sufficient assurance that the ground and motive by him assigned had any existence.

XX.—­MAHRATTA WAR AND PEACE.