the Company’s instructions might stop or be
defeated. That no valid reason was or could be
assigned why the said Phousdar should not be examined
on oath; that the charge was not against himself;
and that, if any questions had been put to him, tending
to make him accuse himself, he might have declined
to answer them. That, if he could have safely
sworn to the innocence of the said Warren Hastings,
from whom he received his employment, he was bound
in gratitude as well as justice to the said Warren
Hastings to have consented to be examined on oath;
that, not having done so, and having been supported
and abetted in his refusal by the said Warren Hastings
himself, whose character and honor, were immediately
at stake, the whole of the evidence for the truth
of the charge remains unanswered, and in full force
against the said Warren Hastings, who on this occasion
recurred to the declaration he had before made to
the Directors, viz., “that he would most
fully and liberally explain every circumstance of
his conduct,” but has never since that time
given the Directors any explanation whatsoever of his
said conduct. And finally, that, when the Court
of Directors, in January, 1776, referred the question
(concerning the legality of the power assumed and
repeatedly exercised by the said Warren Hastings, of
dissolving the Council at his pleasure) to the late
Charles Sayer, then standing counsel of the East India
Company, the said Charles Sayer declared his opinion
in favor of the power, but concerning the use and
exercise of it in the cases stated did declare his
opinion in the following words: “I believe
he, Warren Hastings, is the first governor that ever
dissolved a council inquiring into his behavior, when
he was innocent.” Before he could summon
three councils, and dissolve them, he had time fully
to consider what would be the result of such conduct,
to convince everybody beyond a doubt of his conscious
guilt.—That, by a resolution of a majority
of the Council, constituting a lawful act of the Governor-General
and Council, the said Khan Jehan Khan was dismissed
from the office of Phousdar of Hoogly for a contempt
of the authority of the board; that, within a few
weeks after the death of the late Colonel Monson,
the number of the Council being then even, and all
questions being then determined by the Governor-General’s
casting voice, the said Warren Hastings did move and
carry it in Council, that the said Khan Jehan Khan
should be restored to his office; and that restoration,
not having been preceded, accompanied, or followed
by any explanation or defence whatsoever, or even
by a denial of the specific and circumstantial charge
of collusion with the said Khan Jehan Khan, has confirmed
the truth of the said charge.