These are some of the methods by which he has defeated the purposes of the excellent institution of a recorded administration.  But there are cases to be brought before this court in which he has laid the axe at once to the root,—­which was, by delegating out of his own hands a great department of the powers of the Company, which he was himself bound to execute, to a board which was not bound to record their deliberations with the same strictness as he himself was bound.  He appointed of his own usurped authority a board for the administration of the revenue, the members of which were expressly dispensed from recording their dissents, until they chose it; and in that office, as in a great gulf, a most important part of the Company’s transactions has been buried.

Notwithstanding his unwearied pains in the work of spoliation, some precious fragments are left, which we ought infinitely to value,—­by which we may learn, and lament, the loss of what he has destroyed.  If it were not for those inestimable fragments and wrecks of the recorded government which have been saved from the destruction which Mr. Hastings intended for them all, the most shameful enormities that have ever disgraced a government or harassed a people would only be known in this country by secret whispers and unauthenticated anecdotes; the disgracer’s of government, the vexers and afflicters of mankind, instead of being brought before an awful public tribunal, might have been honored with the highest distinctions and rewards their country has to bestow; and sordid bribery, base peculation, iron-handed extortion, fierce, unrelenting tyranny, might themselves have been invested with those sacred robes of justice before which this day they have cause to tremble.

Mr. Hastings, sensible of what he suffers from this register of acts and opinions, has endeavored to discredit and ruin what remains of it.  He refuses, in his defence to the House of Commons, in letters to the Court of Directors, in various writings and declarations, he refuses to be tried by his own recorded declarations; he refuses to be bound by his own opinions, delivered under his own hand.  He knows that he and the record cannot exist together.  He knows that what remains of the written constitution which he has not destroyed is enough to destroy him.  He claims a privilege of systematic inconstancy, a privilege of prevarication, a privilege of contradiction,—­a privilege of not only changing his conduct, but the principles of his conduct, whenever it suits his occasions.  But I hope your Lordships will show the destroyers of that wise constitution, and the destroyers of those records which are to be the securities against malversation in office, the discoverers and avengers of it, that whoever destroys the discoverer establishes the iniquity; that, therefore, your Lordships will bind him to his own declarations, given on record under his own hand; that you will say to this unfaithful servant of the Company, what was said to another unfaithful person upon a far less occasion by a far greater authority, “Out of thy own mouth will I judge thee, thou wicked servant.”