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 Nabob of Oude at a place
called Chunar, upon the confines of the country of Benares, and did
there enter into a treaty, or pretended treaty, with the said Nabob; one
part of which the said Warren Hastings did pretend was drawn up from a
series of requisitions presented to him by the Nabob, but which
requisitions, or any copy thereof, or of any other material document
relative thereto, he did not at the time transmit to the
Presidency,--the said Warren Hastings informing Mr. Wheler, that the
Resident, Middleton, had taken the _authentic_ papers relative to this