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.
I must now beg leave to observe to you, that the treaty was made (and I
wish your Lordships to advert to dates) in the year 1775; Mr. Hastings
acquired the majority in something more than a year afterwards; and
therefore, supposing the acts of the former majority to have been ever
so iniquitous, their power lasted but a short time. From the year 1776
to 1784 Mr. Hastings had the whole government of Oude in himself, by
having the majority in the Council.
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