insinuations to that effect. And the said letter
does, on the contrary, contain a clear and express
avowal that the said Lauchlan Macleane was his confidential
agent, and that in that capacity he acted throughout,
and particularly in this special matter, with zeal
and fidelity. And the said letter does further
admit in effect the instructions produced by the said
Lauchlan Macleane, Esquire, confirmed by Mr. Vansittart
and Mr. Stewart, and relied on and confided in by the
Court of Directors, by which the said Lauchlan Macleane
appeared to be specially empowered to declare the
said resignation, the words of the said instruction
being as follows: “That he [Mr. Hastings]
will not continue in the government of Bengal,
unless certain conditions therein specified can be
obtained”; and the words of the said letter being
as follows: “What I myself know with certainty,
or can recollect at this distance of time, concerning
the powers and instructions which were given to Messieurs
Macleane and Graham, when they undertook to be my
agents in England, I will circumstantially relate.
I am in possession of two papers which were presented
to those gentlemen at the time of their departure
from Bengal, one of which comprises four short propositions
which I required as the conditions of my being confirmed
in this government.” And although the
said Warren Hastings does here artfully somewhat change
the words of his written instructions (and which having
in his possession he might as easily have given verbatim)
to other words which may appear less explicit, yet
they are in fact capable of only the same meaning:
for, as, at the time of giving the said instructions
to his agents, he was in full possession of his office,
he could want no confirmation therein except his
own; and, in such circumstances, “to require
certain things, as the conditions of his being confirmed
in his government,” is tantamount to a declaration
“that he will not continue in his government,
unless those conditions can be obtained.”
And the said attempt at prevarication can serve, its
author the less, as either both sentences have one
and the same meaning, or, if their meaning be different,
the original instructions in his own handwriting, or,
in other words, the thing itself, must be preferred
as evidence of its contents to a loose statement of
its purport, founded, perhaps, on a loose recollection
of it at a great distance of time.
That the said refusal of Warren Hastings, Esquire, was a breach of faith with the Court of Directors and his Majesty’s ministers in England; as the said resignation was not merely a voluntary offer without any consideration, and therefore subject to be recalled or retracted at the pleasure of the said Warren Hastings, but ought rather to be considered as having been the result of a negotiation carried on between Mr. Macleane for the benefit of Warren Hastings, Esquire, on the one hand, and by the Court of Directors for the interests