viz., a corrupt bargaining for the disposal of
a great office, since he declared that his remarks
on that transaction would be equally applicable to
the rest; and that, by objecting to the motion for
the personal attendance of the accuser, he resisted
and disobeyed the Company’s instructions, and
did, as far as depended on his power, endeavor to
obstruct and prevent all inquiry into the charge.
That in so doing he failed in his duty to the Company,
he disobeyed their express orders, and did leave the
charge against himself without a reply, and even without
a denial, and with that unavoidable presumption against
his innocence which lies against every person accused
who not only refuses to plead, but, as far as his vote
goes, endeavors to prevent an examination of the charge,
and to stifle all inquiry into the truth of it.
That, the motion having been nevertheless carried,
the said Warren Hastings did, on the day following,
declare, “that he could not sit to be confronted
with such accusers, nor suffer a judicial inquiry
into his conduct at the board of which he was president,
and declared the meeting of the board dissolved.”
That the board continued to sit and examine witnesses,
servants of the Phousdar, on oath and written evidence,
being letters under the hand and seal of the Phousdar,
all directly tending to prove the charge: viz.,
that, out of the salary of seventy-two thousand rupees
a year paid by the Company, the said Phousdar received
but thirty-two thousand, and that the remainder was
received by the said Warren Hastings and his banian.
That the Phousdar, though repeatedly ordered to attend
the board, did, under various pretences, decline attending,
until the 19th of May, when, the letters stated be
his, that is, under his hand and seal, being shown
to him, it was proposed by a member of the board that
he should be asked whether he had any objection to
swear to the truth of such answers as he might make
to the questions proposed by the board; that the said
Warren Hastings objected to his being put to his oath;
that the question was nevertheless put to him, in
consequence of a resolution of the board; that he
first declined to swear, under pretence that it
was a matter of serious consequence to his character
to take an oath, and, when it was finally left
to his option, he declared, “Mean people might
swear, but that his character would not allow him,—that
he could not swear, and had rather subject himself
to a loss.” That the evidence in support
of the charge, being on oath, was in this manner left
uncontradicted. That it was admitted by the said
Warren Hastings, that neither Mussulmen or Hindoos
are forbidden by the precepts of their religion to
swear; that it is not true, as the said Warren Hastings
asserted, that it was repugnant to the manners
either of Hindoos or Mussulmen; and that, if, under
such pretences, the natives were to be exempted from
taking an oath, when examined by the Governor and
Council, all the inquiries pointed out to them by