Mr. Hastings, as your Lordships remember, has conceded that British faith is the support of the British empire; that, if that empire is to be maintained, it is to be maintained by good faith; that, if it is to be propagated, it is to be propagated by public faith; and that, if the British empire falls, it will be through perfidy and violence.  These are the principles which he assumes, when he chooses to reproach others.  But when he has to defend his own perfidy and breaches of faith, then, as your Lordships will find set forth in his defence before the House of Commons on the Benares charge, he denies, or at least questions, the validity of any treaty that can at present be made with India.  He declares that he considers all treaties as being weakened by a considerable degree of doubt respecting their validity and their binding force, in such a state of things as exists in India.

Whatever was done, during that period of time to which I have alluded, by the majority of the Council, Mr. Hastings considered himself as having nothing to do with, on the plea of his being a dissentient member:  a principle which, like other principles, I shall take some notice of by-and-by.  Colonel Monson and General Clavering died soon after, and Mr. Hastings obtained a majority in the Council, and was then, as he calls it, restored to his authority; so that any evil that could be done by evil men under that evil system could have lasted but for a very short time indeed.  From that moment, Mr. Hastings, in my opinion, became responsible for every act done in Council, while he was there, which he did not resist, and for every engagement which he did not oppose.  For your Lordships will not bear that miserable jargon which you have heard, shameful to office and to official authority, that a man, when, he happens not to find himself in a majority upon any measure, may think himself excusable for the total neglect of his duty; that in such a situation he is not bound to propose anything that it might be proper to propose, or to resist anything that it might be proper to resist.  What would be the inference from such an assumption?  That he can never act in a commission; that, unless a man has the supreme power, he is not responsible for anything he does or neglects to do.  This is another principle which your Lordships will see constantly asserted and constantly referred to by Mr. Hastings.  Now I do contend, that, notwithstanding his having been in a minority, if there was anything to be done that could prevent oppressive consequences, he was bound to do that thing; and that he was bound to propose every possible remedial measure.  This proud, rebellious proposition against the law, that any one individual in the Council may say that he is responsible for nothing, because he is not the whole Council, calls for your Lordships’ strongest reprobation.