The Works of the Right Honourable Edmund Burke

in this respect, or that, if he should depart from the true spirit and meaning of that
acquiescence, I will not be a party with him in such proceedings."

That the said Warren Hastings could not plead ignorance of the law in excuse for the said
illegal acts, as it appears from the proceedings of the four preceding days that he was well
acquainted with the tenure by which the members of the Council held their offices under
the act of the 13th of his present Majesty, and had stated the same as a ground for retaining
his own office, contrary to an express declaration of the Court of Directors and an
instrument under the sign-manual of his Majesty; and the judges of the Supreme Court, in
their reasons for their decision in his favor, had stated the provisions in the said act,[3] so
far as they related to the matter in dispute, from which it appeared that there were but four
grounds on which the office of any member of the Council could be vacated,—namely,
death, removal, resignation, or promotion. And as the act confined the power of removal to
"his Majesty, his heirs and successors, upon representation made by the Court of Directors
of the said United Company for the time being," and conferred no such power on the
Governor-General, or a majority of the Council, to remove, on any ground or for any cause
whatever, one of their colleagues,—so, granting the claim of General Clavering to the chair,
and his acts done in furtherance thereof, to have been illegal, and criminal in whatever
degree, yet it did not furnish to the rest of the Council any ground to remove him from his
office of Counsellor under the provisions of the said act; and there could therefore remain
only his resignation or promotion, as a possible means of vacating his said office. But with
regard to the promotion of General Clavering to the office of Governor-General, although
he claimed it himself, yet, as Mr. Hastings did not admit it, and as in fact it was even
receded from by General Clavering, it could not be considered, at least by Mr. Hastings, as
a valid ground for vacating his office of Senior Counsellor, since the act requires for that

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