66 66 IV. wealthy" but that, whatever may have been the secret objects of the artifice and intrigue confessed to form its very essence, it must on the very face That the reply of the said Hastings doth not of it necessarily implicate the company in a appear; but that it does appear on record, that breach of faith, whichever might be the event, as "a negociation (Mr. Johnson's) was begun for they must equally break their faith, either by" Fyzoola Khân's cavalry to act with General withdrawing their guarantee unjustly, or by con- "Goddard, and, on his (Fyzoola Khân's) evading tinuing that guarantee in contradiction to this it, that a sum of money was demanded." treaty of Chunar; that it thus tends to hold out to India, and to the whole world, that the publick principle of the English government is a deliberate system of injustice, joined with falsehood; of impolicy, of bad faith and treachery; and that the said article is therefore in the highest degree derogatory to the honour, and injurious to the interests, of this nation. CONSEQUENCES OF THE TREATY I. THAT in consequence of the treaty of Chunar, the governour-general, Warren Hastings, did send official instructions, respecting the various articles of the said treaty, to the said resident Middleton ; and that, in a postscript, the said Hastings did forbid the resumption of the Nabob Fyzoola Khân's jaghire, "until circumstances may render "it more expedient, and easy to be attempted, "than the present more material pursuits of go"vernment make it appear;" thereby intimating a positive limitation of the indefinite term in the explanatory minute above recited; and confining the suspension of the article to the pressure of war. That the resident, in answer, represents the proper equivalent for 2,000 horse, and 1,000 foot, (the forces offered to Mr. Johnson by Fyzoola Khân,) to be twelve lacks, or £. 120,000 sterling, and upwards, each year; which the said resident supposes is considerably beyond what he (Fyzoola Khân) will voluntarily pay: " however, if it is your wish, that the claim should be made, I am ready to take it up, and you may be as"sured nothing in my power shall be left un"done to carry it through." V. That in the months of February, March, and April, the resident Middleton did repeatedly propose the resumption of Fyzoola Khan's jaghire, agreeably to the treaty of Chunar; and that driven to extremity (as the said Hastings supposes)" by "the publick menaces and denunciations of the "resident and minister," Hyder Beg Khân, a crcature of the said Hastings, (and both the minister and resident acting professedly on and under the treaty of Chunar,) "the Nabob Fyzoola Khân "made such preparations, and such a disposition "of his family and wealth, as evidently manifested "either an intended or an expected rupture." VI. That on the 6th of May the said Hastings did. send his confidential agent and friend, Major Palmer, on a private commission to Lucknow; and that the said Palmer was charged with secret instructions relative to Fyzoola Khân, but of what import cannot be ascertained, the said Hastings in his publick instructions having inserted only the name of Fyzoola Khân, as a mere reference (according to the explanation of the said Hastings) to what he had verbally communicated to the said Palmer; and that the said Hastings was thereby guilty of a criminal concealment. VII. That some time about the month of August an engagement happened between a body of Fyzoola Khân's cavalry, and a part of the vizier's army, in which the latter were beaten, and their guns taken ; that the resident Middleton did represent the same but as a slight and accidental affray that it was acknowledged the troops of the vizier were the aggressors; that it did appear to the board, and to the said Hastings himself, an affair of more considerable magnitude, and that they did make the concealment thereof an article of charge against the resident Middleton, though the said resident did in truth acquaint them with the same, but in a cursory manner. VIII. That, immediately after the said "fray" at Daranagur, the vizier (who was "but a cipher in the "hands" of the minister and resident, both of them directly appointed and supported by the said Hastings) did make of Fyzoola Khân a new demand, equally contrary to the true intent and meaning of the treaty, as his former requisitions; | which new demand was for the detachment in garrison at Daranagur to be cantoned as a stationary force at Lucknow, the capital of the vizier; whereas he (the vizier) had only a right to demand an occasional aid to join his army in the field, or in garrison, during a war. But the said new demand being evaded, or rather refused, agreeably to the fair construction of the treaty by the Nabob Fyzoola Khân, the matter was for the present dropped. IX. That in the letter, in which the resident Middleton did mention "what he calls the fray" aforesaid, the said Middleton did again apply for the resumption of the jaghire of Rampore; and that, the objections against the measure being now removed, (by the separate peace with Scindia,) he desired to know if the board "would give assurances of their support to the vizier, in case, which (says the resident) I think very probable, his (the vizier's) own strength should be found unequal to the undertaking. X. Hastings did believe the mind of the Nabob Fyzoola Khân to be so irritated, in consequence of the above-recited conduct of the late resident Middleton, and of his (the said Hastings's) own criminal neglect, that he the said Hastings found it necessary to write to Fyzoola Khân, assuring him of the favourable disposition of the govern"ment toward him, while he shall not have for"feited it by any improper conduct." But that the said assurances of the governour-general did not tend, as soon after appeared, to raise much confidence in the nabob. over whom a publick instrument of the same Hastings was still holding the terrours of a deprivation of his jaghire, and an exile " among his other faithless brethren across the Ganges." oppress him;" thereby plainly hinting at some more decisive measures whenever the vizier should be less oppressed with difficulties. III. That the resident Bristow, after acquainting the governour-general with his intentions, did under the said instructions renew the aforesaid claim for a sum of money, but with much caution and circumspection, distinctly sounding Allif Khân, the vackeel (or envoy) of Fyzoola Khân at the court of the vizier: that Allif Khân wrote to his master on the subject, and in answer he was directed not to agree to the granting of "any That although the said Warren Hastings did make the foregoing application a new charge against the resident Middleton, yet the said Hastings did only criminate the said Middleton for a proposal tending" at such a crisis to encrease "the number of our enemies ;" and did in no degree, either in his articles of charge, or in his accompanying minutes, express any disapprobation whatever of the principle; that in truth the whole proceedings of the said resident were the natural result of the treaty of Chunar that the proceedings were from time to time communicated to the said Hastings. That as he no where charges any disobedience of orders on Mr. Middleton" pecuniary aid.' with respect to Fyzoola Khân, it may be justly inferred, that the said Hastings did not interfere to check the proceedings of the said Middleton on that subject; and that by such criminal neglect the said Hastings did make the guilt of the said Middleton, whatever it might be, his own. PECUNIARY COMMUTATION OF THE STIPULATED AID. I. THAT on the charges, and for the misdemeanours above specified, together with divers other accusations, the governour-general, Warren Hastings, in September 1782, did remove the aforesaid Middleton from his office of resident of Oude, and did appoint thereto John Bristow, Esquire, whom he had twice before, without cause, recalled from the same; and that about the same time the said 66 IV. That the resident Bristow did then openly depute Major Palmer aforesaid, with the concurrence of the vizier, and the approbation of the governourgeneral, to the nabob Fyzoola Khân, at Rampore; and that the said Palmer was to "endeavour to "convince the nabob, that all doubts of his at"tachment to the vizier are ceased; and whatever claims may be made on him are founded upon the basis of his interest and advantage, "and a plan of establishing his right to the pos"session of his jaghire." That the sudden ceasing of the said doubts, without any enquiry of the slightest kind, doth warrant a strong presumption of the resident's conviction, that they never really existed, but were artfully feigned, as a pretence for some harsh interposition; and that the indecent mockery of establishing, as a matter of favour, for a pecuniary consideration, rights, which were never impeached but by the treaty of Chunar, (an instrument recorded by Warren Hastings himself to be founded on falsehood and in justice,) doth powerfully prove the true purpose | nished by Fyzoola Khân, would prove a literal and object of all the duplicity, deceit, and double- compliance. dealing, with which that treaty was projected and executed. V. That the said Palmer was instructed by the resident Bristow, with the subsequent approbation of the governour-general, "to obtain from Fyzoola "Khân an annual tribute;" to which the resident adds: "if you can procure from him, over and "above this, a peshcush (or fine) of at least five "lacks, it would be rendering an essential service "to the vizier, and add to the confidence his Ex"cellency would hereafter repose in the attach“ ment of the Nabob Fyzoola Khán.” 66 66 And that the said governour-general Hastings did give the following extraordinary ground of calculation, as the basis of the said Palmer's negociation for the annual tribute aforesaid: "It was certainly understood at the time the treaty was concluded, (of which this stipulation was a part,) that it applied solely to cavalry; as "the nabob vizier, possessing the service of our "forces, could not possibly require infantry, and "least of all such infantry as Fyzoola Khân could "furnish; and a single horseman included in the aid, which Fyzoola Khán might furnish, would prove a literal compliance with the said stipula"tion. The number therefore of horse implied by it ought at least to be ascertained; we will suppose five thousand, and allowing the exigency "for their attendance to exist only in the propor"tion of one year in five, reduce the demand to one thousand for the computation of the sub"sidy, which at the rate of fifty rupees per man "will amount to fifty thousand per mensem. "This may serve for the basis of this article in "the negociation upon it." 66 66 66 3d. That the said Hastings doth next resort again to the supposition of our right to the whole 5,000 cavalry. 4th. That the said Hastings doth afterwards think, in the event of an explanation of the treaty, and a settlement of the proportion of cavalry, instead of a pecuniary commutation, it will be all we can demand, that the number should at least exceed 2,500. 5th. That the said Hastings doth, in calculating the supposed time of their service, assume an arbitrary estimate of one year of war to four of peace; which (however moderate the calculation may appear on the average of the said Hastings's own government) doth involve a principle in a considerable degree repugnant to the system of perfect peace, inculcated in the standing orders of the company. 6th. That, in estimating the pay of the cavalry to be commuted, the said Hastings doth fix the pay of each man at 50 rupees a month; which on 5,000 troops, all cavalry, (as the said Hastings supposes the treaty of Lall-Dang to have meant,) would amount to an expence of 30 lacks a year, or between £.300,000 or £.400,000. And this expence, strictly resulting (according to the calculations of the said Hastings) from the intention of Sujah ul Dowlah's grant to Fyzoola Khân, was designed to be supported out of a jaghire, valued at 15 lacks only, or something more than £.150,000 of yearly revenue, just half the amount of the expence to be incurred in consideration of the said jaghire. And that a basis of negociation so inconsistent, so arbitrary, and so unjust, is contrary to that uprightness and integrity, which should mark the transactions of a great state, and is highly derogatory to the honour of this nation. VIII. That notwithstanding the seeming moderation and justice of the said Hastings, in admitting the clear and undoubted right of Fyzoola Khân to insist on his treaty, the head of instruction immediately succeeding doth afford just reason for a violent presumption, that such apparent lenity was but policy, to give a colour to his conduct; he the said Hastings, in the very next paragraph, bringing forth a new engine of oppression, as follows: "To demand the surrender of all the reiats (or "peasants) of the nabob vizier's dominions, to "whom Fyzoola has given protection and service, or an annual tribute, in compensation for the "loss sustained by the nabob vizier in his reve“ nue, thus transferred to Fuzoola Khán. 66 "You have stated the encrease of his jaghire, "occasioned by this act, at the moderate sum of "fifteen lacks. The tribute ought at least to be one third of that amount. 66 "We conceive, that Fyzoola Khân himself may "be disposed to yield to the preceding demand, That the resident Bristow (to whom the letter containing Major Palmer's instructions is addressed) no where attributes the encrease of Fyzoola Khan's revenues to this protection of the fugitive reiats, subjects of the vizier: that the said Warren Hastings was, therefore, not warranted to make that a pretext of such a peremptory demand; that as an inducement to make Fyzoola Khân agree to the said demand, it is offered to settle his lands upon a tenure, which would secure them to his children; but that settlement is to bring with it a new demand of a fine of thirty lacks, or £.300,000 and upwards; that the principles of the said demand are violent and despotick, and the inducement to acquiescence deceitful and insidious; and that both the demand and the inducement are derogatory to the honour of this nation. "The Nabob Fyzoola Khân complains of the That after much negociation the Nabob Fyzoola Khán, " being fully sensible, that an engagement "to furnish military aid, however clearly the con"ditions might be stated, must be a source of "perpetual misunderstanding and inconvenien"cies," did at length agree with Major Palmer to give fifteen lacks, or £.150,000 and upwards, by four instalments, that he might be exempted from all future claims of military service: that the said Palmer represents it to be his belief, "that no person, not known to possess your (the said "Hastings's) confidence and support in the degree, that I am supposed to do, would have ob"tained nearly so good terms;" but from what motive "terms so good" were granted, and how the confidence and support of the said Hastings did truly operate on the mind of Fyzoola Khân, doth appear to be better explained by another passage in the same letter, where the said Palmer congratulates himself on the satisfaction which 66 he gave to Fyzoola Khan in the conduct of this negociation, as he spent a month in order to effect" by argument and persuasion, what he "could have obtained in an hour by threats and "compulsions." "distresses he has this year suffered from the FULL VINDICATION OF FYZOOLA KHẨN 66 drought. The whole collections have, with great management, amounted to about twelve lacks of rupees, from which sum he has to support his troops, his family, and several relations and dependants of the late Rohilla chiefs. He says, "it clearly appears to be intended to deprive him of his country, as the high demand you have "made of him is inadmissible. Should he have "assented to it, it would be impossible to perform "the conditions, and then his reputation would be injured by a breach of agreement. Alliff Khán further represents, that it is his master's inten"tion, in case the demand should not be relinquished by you, first to proceed to Lucknow, "where he proposes having an interview with the “ vizier and resident; if he should not be able to "obtain his own terms for a future possession of “his jaghire, he will set off for Calcutta in "order to pray for justice from the honourable 66 BY MAJOR PALMER AND MR. HASTINGS. I. THAT in the course of the said negociation for establishing the rights of the Nabob Fyzoola Khân, Major Palmer aforesaid did communicate to the resident Bristow, and through the said resident to the council general of Bengal, the full and direct denial of the Nabob Fyzoola Khân to all and every of the charges made or pretended to be made against him, as follows. "Fyzoola Khân persists in denying the infringe"ment on his part of any one article in the treaty, the neglect of any obligation, which it imposed upon him. 66 66 or "He does not admit of the improvements re"ported to be made in his jaghire; and even asserts, "tions;" but at any rate he adds, " it does not appear, that their number is formidable; or that "he (Fyzoola Khân) could by any means subsist "such numbers as could cause any serious alarm "to the vizier; neither is there any appearance "And having refused the required aid of" of their entertaining any views beyond the quiet "cavalry, made by Johnson, to act with General "possession of the advantages, which they at "Goddard. present enjoy." 66 66 "He observes, respecting the charge of evading And that in a subsequent letter, in which the "the vizier's requisition for the cavalry, lately said Palmer thought it prudent "to vindicate "stationed at Daranagur, to be stationed at Luck-"himself from any possible insinuation, that he now, that he is not bound by treaty to maintain" meant to sacrifice the vizier's interest," he, the "a stationary force for the service of the vizier, said Palmer, did positively attest the new claim on "but to supply an aid of 2,000 or 3,000 troops in Fyzoola Khân for the protection of the vizier's "time of war. ryots to be wholly without foundation; as the Nabob Fyzoola Khân "had proved to him (Pal"mer) by producing receipts of various dates, "and for great numbers of these people surren"dered upon requisition from the vizier's officers." Lastly, he asserts, that so far from encouraging the ryots (or peasants) of the vizier to "settle in his jaghire, it has been his constant practice to deliver them up to the aumil of "Rohilcund, whenever he could discover them.” 66 II. That, in giving his opinions on the aforesaid denials of the Nabob Fyzoola Khân, the said Palmer did not controvert any one of the constructions of the treaty advanced by the said nabob. III. That over and above the aforesaid complete refutation of the different charges and pretexts, under which exactions had been practised, or attempted to be practised, on the Nabob Fyzoola Khan, the said Palmer did further condemn altogether the principle of calculation assumed in such exactions (even if they had been founded in justice) by the following explanation of the nature of the tenure, by which, under the treaty of LallDang, the Nabob Fyzoola Khân held his possession as a jaghiredar. That although the said Palmer, "from general appearances as well as universal report, did not doubt, that the jumma of the jaghire is greatly "encreased," yet he the said Palmer did not intimate, that it was encreased in any degree near the amount reported, as it was drawn out in a "There are no precedents in the ancient usage regular estimate, transmitted to the said Palmer "of the country for ascertaining the nuzzerana expressly for the purposes of his negociation;" (customary present) or peshcush (regular fine) which was of course by him produced to the "of grants of this nature: they were bestowed Nabob Fyzoola Khân, and to which specifically" by the prince as rewards or favours; and the the denial of Fyzoola Khân must be understood to apply. That the said Palmer did not hint any doubt of the deficiency affirmed by Fyzoola Khân in the collections for the current year and, That if any encrease of jumma did truly exist, whatever it may have been, the said Palmer did acknowledge it "to have been solemnly relin"quished (in a private agreement) by the vi"zier." That although the said Palmer did suppose the number of Rohillas (employed "in ordinary oc"cupations) in Rampore alone, to exceed that "limited by the treaty for his (Fyzoola Khân's) "service," yet the said Palmer did by no means imply, that the Nabob Fyzoola Khân maintained in his service a single man more than was allowed by treaty; and by a particular and minute account of the troops of Fyzoola Khân, transmitted by the resident Bristow to the said Palmer, the number was stated but at 5,840, probably including officers, who were not understood to be comprehended in the treaty. That the said Palmer did further admit it "to "be not clearly expressed in the treaty, whether "the restriction included Rohillas of all descrip accustomary present in return was adapted to "the dignity of the donor rather than to the "value of the gift; to which it never, I believe, "bore any kind of proportion." IV. 66 That a sum of money (" which of course was to "be received by the company") being now obtained, and the "interests both of the company "and the vizier" being thus much" better pro"moted" by" establishing the rights" of Fyzoola Khân, than they could have been by depriving "him of his independency;" when every undue influence of secret and criminal purposes was removed from the mind of the governour-general, Warren Hastings, Esquire, he the said Hastings did also concur with his friend and agent, Major Palmer, in the vindication of the Nabob Fyzoola Khân, and in the most ample manner. That the said Warren Hastings did now clearly and explicitly understand the clauses of the treaty, "that Fyzoola Khân should send two or three "(and not five) thousand men, or attend in person, in case it was requisite." That the said Warren Hastings did now confess |