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He insisted on continuing in the execution of
his office, and supported himself by such reasons as could be furnished
in such a cause. An open schism instantly divided the Council. General
Clavering claimed the office to which he ought to succeed, and Mr.
Francis adhered to him: Mr. Barwell stuck to Mr. Hastings. The two
parties assembled separately, and everything was running fast into a
confusion which suspended government, and might very probably have ended
in a civil war, had not the judges of the Supreme Court, on a reference
to them, settled the controversy by deciding that the resignation was an
invalid act, and that Mr. Hastings was still in the legal possession of
his place, which had been actually filled up in England. It was
extraordinary that the nullity of this resignation should not have been
discovered in England, where the act authorizing the resignation then
was, where the agent was personally present, where the witnesses were
examined, and where there was and could be no want of legal advice,
either on the part of the Company or of the crown.


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