purpose, not a rejected claim, but an actual and effectual promotion; and General
Clavering's office of Counsellor could no more be vacated by such a naked claim,
unsupported and disallowed, than the seat of a member of the House of Commons could be
vacated, and a new writ issued to supply the vacancy, by his claim to the office of Steward
of the Chiltern Hundreds, when his Majesty has refused to appoint him to the said office.
And with regard to resignation, although the said Warren Hastings, as a color to his illegal
resolutions, had affectedly introduced the word "resigned" amongst those of "relinquished,
surrendered, and vacated," yet he well knew that General Clavering had made no offer nor
declaration of his resignation of his offices of Senior Counsellor and Commander-in-Chief,
and that he did not claim the office of Governor-General on the ground of any such
resignation made by himself, but on the ground of a resignation made by the said Warren
Hastings, which resignation the said Warren Hastings did not admit; and the use of the term
resigned on that occasion was therefore a manifest and wilful misconstruction and
misapplication of the words of the act of his present Majesty. And such misinterpretation
and false extension of the term of resignation was the more indecent in the said Warren
Hastings, as he was at the same moment disavowing and refusing to give effect to his own
clear and express resignation, according to the true intent and meaning of the word as used
in the said act, made by his agent, duly authorized and instructed by himself so to do, to an
authority competent to receive and accept the same.
That, although the said Warren Hastings did afterwards recede from the said illegal
measures, in compliance with the opinion and advice of the judges again interposed, and
did thereby avoid the guilt of such further acts and the blame of such further evils as must
have been consequent on a persistence therein, yet he was nevertheless still guilty of the
illegal acts above described; and the same are great crimes and misdemeanors.
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