accused who not only refuses to plead, but, as far as his vote goes, endeavors to prevent an
examination of the charge, and to stifle all inquiry into the truth of it. That, the motion
having been nevertheless carried, the said Warren Hastings did, on the day following,
declare, "that he could not sit to be confronted with such accusers, nor suffer a judicial
inquiry into his conduct at the board of which he was president, and declared the meeting of
the board dissolved." That the board continued to sit and examine witnesses, servants of the
Phousdar, on oath and written evidence, being letters under the hand and seal of the
Phousdar, all directly tending to prove the charge: viz., that, out of the salary of seventy-
two thousand rupees a year paid by the Company, the said Phousdar received but thirty-two
thousand, and that the remainder was received by the said Warren Hastings and his banian.
That the Phousdar, though repeatedly ordered to attend the board, did, under various
pretences, decline attending, until the 19th of May, when, the letters stated be his, that is,
under his hand and seal, being shown to him, it was proposed by a member of the board that
he should be asked whether he had any objection to swear to the truth of such answers as he
might make to the questions proposed by the board; that the said Warren Hastings objected
to his being put to his oath; that the question was nevertheless put to him, in consequence of
a resolution of the board; that he first declined to swear, under pretence that it was a matter
of serious consequence to his character to take an oath, and, when it was finally left to his
option, he declared, "Mean people might swear, but that his character would not allow him,
—that he could not swear, and had rather subject himself to a loss." That the evidence in
support of the charge, being on oath, was in this manner left uncontradicted. That it was
admitted by the said Warren Hastings, that neither Mussulmen or Hindoos are forbidden by
the precepts of their religion to swear; that it is not true, as the said Warren Hastings
asserted, that it was repugnant to the manners either of Hindoos or Mussulmen; and that, if,
under such pretences, the natives were to be exempted from taking an oath, when examined
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