was requested by the Nabob, and that, unless some effectual measures were taken for his relief, he [the Nabob] must be under the necessity of leaving his country, and coming down to Calcutta, to represent the situation of his government.  And Mr. Wheler did declare that the Governor-General’s representation of the state of that province “was but too well founded, and was convinced that it would require his utmost abilities and powers, applied and exercised on the spot, to restore it to its former good order and affluence.”

XVII.  That the said Warren Hastings, in consequence of the minute aforesaid, did grant to himself, and did procure the consent of his only colleague, Edward Wheler, Esquire, to a commission or delegation, with powers “to assist the Nabob Vizier in forming such regulations as may be necessary for the peace and good order of his government, the improvement of his revenue, and the adjustment of the mutual concerns subsisting between him and the Company.”  And in the said commission or delegation he, the said Warren Hastings, did cause to be inserted certain powers and provisions of a new and dangerous nature:  that is to say, reciting the business before mentioned, he did convey to himself “such authority to enforce the same as the Governor-General and Council might or could exercise on occasions in which they could be warranted to exercise the same, and to form and conclude such several engagements or treaties with the Nabob Vizier, the government of Berar, and with any chiefs or powers of Hindostan, as he should judge expedient and necessary.”  Towards the conclusion of the act or instrument aforesaid are the words following, viz.:  “It is hereby declared, that all such acts, and all such engagements or treaties aforesaid, shall be binding on the Governor-General and Council in the same manner, and as effectually, as if they had been done and passed by the specific and immediate concurrence and actual junction of the Governor-General and Council, in council assembled.”  And the said powers were, by the said Warren Hastings, given by himself and the said Wheler, under the seal of the Company, on the 3d July, 1781.

XVIII.  That the said commission, delegating to him, the said Warren Hastings, the whole functions of the Council, is destructive to the constitution thereof, and is contrary to the Company’s standing orders, and is illegal.

XIX.  That, in virtue of those powers, and the illegal delegation aforesaid, the said Warren Hastings, after he had finished his business at Benares, did procure a meeting with the Nabob of Oude at a place called Chunar, upon the confines of the country of Benares, and did there enter into a treaty, or pretended treaty, with the said Nabob; one part of which the said Warren Hastings did pretend was drawn up from a series of requisitions presented to him by the Nabob, but which requisitions, or any copy thereof, or of any other material document relative thereto, he did not at the time transmit to the Presidency,—­the said Warren Hastings informing Mr. Wheler, that the Resident, Middleton, had taken the authentic papers relative to this transaction with him to Lucknow:  and it does not appear that the said Warren Hastings did ever reclaim the said papers, in order to record them at the Presidency, to be transmitted to the Court of Directors, as it was his duty to do.