himself, and did procure the consent of his only colleague, Edward Wheler, Esquire, to a
commission or delegation, with powers "to assist the Nabob Vizier in forming such
regulations as may be necessary for the peace and good order of his government, the
improvement of his revenue, and the adjustment of the mutual concerns subsisting between
him and the Company." And in the said commission or delegation he, the said Warren
Hastings, did cause to be inserted certain powers and provisions of a new and dangerous
nature: that is to say, reciting the business before mentioned, he did convey to himself "such
authority to enforce the same as the Governor-General and Council might or could exercise
on occasions in which they could be warranted to exercise the same, and to form and
conclude such several engagements or treaties with the Nabob Vizier, the government of
Berar, and with any chiefs or powers of Hindostan, as he should judge expedient and
necessary." Towards the conclusion of the act or instrument aforesaid are the words
following, viz.: "It is hereby declared, that all such acts, and all such engagements or
treaties aforesaid, shall be binding on the Governor-General and Council in the same
manner, and as effectually, as if they had been done and passed by the specific and
immediate concurrence and actual junction of the Governor-General and Council, in
council assembled." And the said powers were, by the said Warren Hastings, given by
himself and the said Wheler, under the seal of the Company, on the 3d July, 1781.
XVIII. That the said commission, delegating to him, the said Warren Hastings, the whole
functions of the Council, is destructive to the constitution thereof, and is contrary to the
Company's standing orders, and is illegal.
XIX. That, in virtue of those powers, and the illegal delegation aforesaid, the said Warren
Hastings, after he had finished his business at Benares, did procure a meeting with the
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