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did at length give instructions for negociating and participation in the government, from which he was making peace with Tippoo, expressly adding, that absent, become an high misdemeanour; but, being to those instructions extended to all the points, which the purportof opening the said treaty after its solemn occurred to him or them as capable of being agi- ratification, and proposing a new clause, and a new tated or gained upon the occasion ;-though the party to the same, was also an aggravation of such said instructions were sent after the said commis- misdemeanour, as it tended to convey to the Indian sioners by the presidency of Fort St. George, with powers an idea of the unsteadiness of the councils directions to obey them ; —though not only the said and determinations of the British government, instructions were obeyed, but advantages gained, and to take away all reliance on its engagements, which did not occur to the said Warren Hastings; and as, above all, it exposed the affairs of the -though the said peace formed a contrast with nation and the company to the hazard of seeing the Mahratta peace, in neither ceding any terri- renewed all the calamities of war, from whence by tory possessed by the company before the war, or the conclusion of the treaty they had emerged, and delivering up any dependant or ally to the ven- upon a pretence so weak as that of proposing the geance of his adversaries, but providing for the re- nabob of Arcot to be a party to the same—though storation of all the countries, that had been taken he had not been made a party by the said Warren from the company and their allies ;-though the Hastings in the Mahratta treaty, which professed supreme council of Calcutta, forming the legal to be for the relief of the Carnatick ;-—though he government of Bengal in the absence of the said was not a party to the former treaty with Hyder, Warren Hastings, ratified the said treaty, yet the also relative to the Carnatick;—though it was not said Warren Hastings, then absent from the seat certain, if the treaty were once opened, and that of government, and out of the province of Bengal, even Tippoo should then consent to that nabob's and forming no legal or integral part of the govern- being a party, whether he (the said nabob) would ment during such absence, did, after such ratifi- agree to the clauses of the same, and consequently
the power of acting as a part of such whether the said treaty, once opened, could aftergovernment (as if actually sitting in council with wards be concluded-an uncertainty, of which he the other members of the same) in the considera- the said Hastings should have learned to be aware, tion and unqualified censure of the terms of the having already once been disappointed by the said said peace. That the nabob of Arcot, with whom nabob's refusing to accede to a treaty, which he the said Hastings did keep up an unwarrantable, the said Warren Hastings made for him with the clandestine correspondence, without any commu- Dutch, about a year before. nication with the presidency of Madras, wrote a That the said Warren Hastings having broken a letter of complaint, dated" the 27th of March solemn and honourable treaty of peace by an unjust 1784, against the presidency of that place, without and unprovoked war; having neglected to conany communication thereof to the said presidency, clude that war when he might have done it without the said complaint being addressed to the said loss of honour to the nation ; having plotted and Warren Hastings, the substance of which com- contrived, as far as depended on him, to engage plaint was, that he (the nabob) had not been the India company in another war, as soon as the made a party to the late treaty: and although his former should be concluded; and having at last interest had been sufficiently provided for in the put an end to a most unjust war against the said treaty, the said Warren Hastings did sign a Mahrattas by a most ignominious peace with declaration on the 23d of May, at Lucknow, form them, in which he sacrificed objects essential to ing the basis of a new article, and making a new the interests, and submitted to conditions utterly party to the treaty, after it had been by all parties incompatible with the honour, of this nation, and (the supreme council of Calcutta included) com- with his own declared sense of the dishonourable pleted and ratified, and did transmit the said new nature of those conditions; and having endeastipulation to the presidency at Calcutta solely for voured to open anew the treaty concluded with the purposes, and at the instigation, of the nabob Tippoo Sultan, through the means of the presiof Arcot ; and the said declaration was made with- dency of Fort St. George, upon principles of out any previous communication with the presidency justice and honour, and which established peace aforesaid, and in consequence thereof orders were in India; and thereby exposing the British pos. sent by the council at Calcutta to the presidency sessions there to the renewal of the dangers and of Fort St. George, under the severest threats in calamities of war-has by these several acts been case of disobedience ; which orders, whatever were guilty of sundry high crimes and misdemeanours. their purport, would, as an undue assumption of and
That by an act of the 13th year of His present “ sent or received in the course of their correMajesty, entitled, “An act for establishing certain spondence; and that broken sets of such pro“ regulations for the better management of the ceedings, to the latest period possible, be trans“affairs of the East India company, asavell in India “ mitted to them (the court of directors); a “as in Europe," “ The governour-general and complete set at the end of every year, and a “council are required and directed to pay due obe duplicate by the next conveyance." “dience to all such orders as they shall receive from That in defiance of the said orders, and in “the court of directors of the said united company, breach of the above-recited act of parliament, the " and to correspond from time to time, and con said Warren Hastings has, in sundry instances, “stantly and diligently transmit to the said court concealed from his council the correspondence
an exact particular of all advices or intelligence, carried on between him and the princes or country "and of all transactions and matters whatsoever, powers in India, and neglected to communicate " that shall come to their knowledge, relating to the advices and intelligence he from time to time “ the government, commerce, revenues, or interest received from the British residents at the different “ of the said united company."
courts in India to the other members of the governThat, in consequence of the above-recited act, ment; and without their knowledge, counsel, or the court of directors, in their general instructions participation, has dispatched orders on matters of of the 29th March 1774 to the governour-general the utmost consequence to the interests of the and council, did direct, “ that the correspondence company. “ with the princes or country powers in India That, moreover, the said Warren Hastings, for " should be carried on through the governour the purpose of covering his own improper and " general only; but that all letters to be sent by dangerous practices from his employers, has with“ him should be first approved in council; and held from the court of directors, upon sundry " that he should lay before the council, at their occasions, copies of the proceedings had, and the “next meeting, all letters received by him in the correspondence carried on by him in his official
course of such correspondence for their inform capacity, as governour-general, whereby the court “ ation.”
of directors have been kept in ignorance of matAnd the governour-general and council were ters, which it highly imported them to know, and therein further ordered, “ That in transacting the the affairs of the company have been exposed to
business of their department they should enter much inconvenience and injury. “ with the utmost perspicuity and exactness all That in all such concealinents and acts done or " their proceedings whatsoever; and all dissents, ordered without the consent and authority of the “if such should at any time be made by any supreme council, the said Warren Hastings has "member of their board, together with all letters been guilty of high crimes and misdemeanours.
XXII. RIGHTS OF FYZOOLA KHÂN, &c. BEFORE THE TREATY
That the Nabob Fyzoola Khân, who now holds That after the death of Ali Mohammed aforeof the vizier the territory of Rampore, Shawabad, said, as Fyzoola Khân, together with his elder and certain other districts dependent thereon, in brother, was then a prisoner of war at a place the country of the Rohillas, is the second son of called Herat, “the Rohilla chiefs took possession a prince, renowned in the history of Hindostan “ of the ancient estates” of the captive princes ; under the name of Ali Mohammed Khân, some and the Nabob Fyzoola Khân was from necessity time sovereign of all that part of Rohilcund, which compelled to wave his hereditary rights for the is particularly distinguished by the appellation of inconsiderable districts of Rampore and Shawathe Kutleehr.
bad, then estimated to produce from six to eight lacks of annual revenue.
fectly consistent with their engagements to the
vizier,” and strictly consonant to the demands That in 1774, on the invasion of Rohilcund by of justice. the united armies of the vizier Sujah ul Dowlah
I. and the company, the Nabob Fyzoola Khån, “ with some of his people, was present at the That so great was the confidence of the Nabob « decisive battle of St. George,” where Hafiz Fyzoola Khân in the just, humane, and liberal Rhanet, the great leader of the Rohillas, and feelings of Englishmen, as to “ lull him into an many others of their principal chiefs were slain ; “ inactivity” of the most essential detriment to his but, escaping from the slaughter, Fyzoola Khân | interests; since, “ in the hopes, which he enter“ made his retreat good towards the mountains,
“ tained from the interposition of our govern“ with all his treasure.” He there collected the “ment,” he declined the invitation of the Mogul scattered remains of his countrymen; and as he to join the arms of His Majesty and the Mahrattas, was the eldest surviving son of Ali Mohammedrefused any connexion with the Seiks,” and did Khân, as too the most powerful obstacle to his even neglect to take the obvious precaution of pretensions was now removed by the death of crossing the Ganges, as he had originally intended, Hafiz, he seems at length to have been generally while the river was yet fordable, a movement, acknowledged by his natural subjects the un- that would have enabled him certainly to baffle doubted heir of his father's authority.
all pursuit, and probably “ to keep the vizier in
“ a state of disquietude for the remainder of his IV.
VII. That, “ regarding the sacred sincerity and “ friendship of the English, whose goodness and That the commander-in-chief, Colonel Alexan“celebrity is every where known, who dispossess der Champion aforesaid, “thought nothing could
no one,” the Nabob Fyzoola Khân made early “ be more honourable to this nation than the supovertures for peace to Colonel Alexander Cham port of so exalted a character; and whilst it pion, commander-in-chief of the company's forces
“could be done on terms so advantageous, supin Bengal : that lie did propose to the said Colo posed it very unlikely that the vakeel's proponel Alexander Champion, in three letters, received “sition should be received with indifference;" on the 14th, 24th, and 27th of May, to put him that he did accordingly refer it to the administraself under the protection either of the company tion through Warren Hastings, Esquire, then goor of the vizier, through the mediation, and with vernour of Fort William, and president of Bengal; the guarantee, of the company; and that he did and he did at the same time enclose to the said offer“ whatever was conferred upon him, to pay Warren Hastings a letter from the Nabob Fyzoola
as much without damage or deficiency, as any Khân to the said Hastings; which letter does not other person would
agree to do ;” stating at the appear, but must be supposed to have been of same time his condition and pretensions herein- the same tenour with those before cited to the before recited, as facts, “ evident as the sun ;" and commander-in-chief; of which also copies were appealing, in a forcible and awful manner, to the sent to the said Hastings by the commander-ingenerosity and magnanimity of this nation, “by chief; and he (the commander-in-chief aforesaid) “ whose means he hoped in God, that he should after urging to the said Hastings sundry good and “ receive justice;" and as person who de- cogent arguments of policy and prudence, in fa
signed the war, was no more ;" as “ in that he vour of the Nabob Fyzoola Khân, did conclude
was himself guiltless ;” and, as “ he had never by “ wishing for nothing so much as for the " acted in such a manner as for the vizier to adoption of some measure, that might strike “ have taken hatred to his heart against him ; that " all the powers of the East with admiration of “ he might be reinstated in his ancient posses our justice, in contrast to the conduct of the “sions, the country of his father."
That in answer to such laudable wish of the said That on the last of the three dates above men- commander-in-chief, the president (Warren Hasttioned, that is to say, on the 27th of May, the ings) preferring his own prohibited plans of exNabob Fyzoola Khân did also send to the com tended dominion to the mild, equitable, and wise mander-in-chief a vakeel, or ambassadour, who policy inculcated in the standing orders of his suwas authorized on the part of him (the Nabob periours, and now enforced by the recommendation Fyzoola Khân, his master) to make a specifick of the commander-in-chief, did instruct and offer of three propositions; and that by one of “ desire" him, the said commander-in-chief, “ inthe said propositions“ an annual encrease of near “ stead of soliciting the vizier to relinquish his
£400,000 would have accrued to the revenues “conquest to Fyzoola Khân, to discourage it as “ of our ally, and the immediate acquisition of much as was in his power ;” although the said “ above £300,000 to the company, for their Hastings did not once express, or even intimate, “ influence in effecting an accommodation per- any doubt whatever of the Nabob Fyzoola Khân's
innocence as to the origin of the war, or of his gesting his wishes of what might be, in his hopes hereditary right to the territories, which he claimed; of what had been, resolved ; and plainly, though but to the said pleas of the Nabob Fyzoola indirectly, instigating the commander-in-chief to Khân, as well as to the arguments both of policy much effusion of blood in an immediate attack on and justice advanced by the commander-in-chief, the Rohillas, posted as they were “in a very he the said Hastings did solely oppose certain strong situation,” and “ combating for all." speculative objects of imagined expediency, summing up his decided rejection of the proposals
XI. made by the Nabob Fyzoola Khân, in the following remarkable words:
That the said Hastings, in the answer aforesaid, “ With respect to Fyzoola Khán, he appears did further endeavour to inflame the commander“ not to merit our consideration. The petty | in-chief against the Nabob Fyzoola Khân, by " sovereign of a country estimated at six or eight representing the said nabob as “ highly presum“ lacks ought not for a moment to prove an im “ing, insolent, and evasive;" and knowing the “pediment to any of our measures, or to affect distrust, which the Nabob Fyzoola Khân enter“ the consistency of our conduct.”
tained of the vizier, the said Hastings did “ ex
pressly desire it should be left wholly to the IX.
“ vizier to treat with the enemy by his own agents,
“ and in his own manner ;” though he the said That in the aforesaid violent and arbitrary Hastings “ by no means wished the vizier to lose position, the said Warren Hastings did avow it to “ time by seeking an accommodation, since it be a publick principle of his government, that no “ would be more effectual, more decisive, and right, however manifest, and no innocence, however more consistent with his dignity, indeed with unimpeached, could entitle the weak to our pro “ his honour, which he has already pledged, to tection against others, or save them from our own “ abide by his first offers to dictate the conditions active endeavours for their oppression, and even “ of peace, and to admit only an acceptance extirpation, should they interfere with our notions “ without reservation, or a clear refusal from his of political expediency: and that such a principle " adversary;” thereby affecting to hold up, in is highly derogatory to the justice and honour of opposition to, and in exclusion of, the substantial the English name, and fundamentally injurious to claims of justice, certain ideal obligations of digour interests, inasmuch as it hath an immediate nity and honour, that is to say, the gratification tendency to excite distrust, jealousy, fear, and of pride, and the observance of an arrogant deterhatred against us among all the subordinate mination once declared. potentates of Hindostan.
That although the said answer did not reach That, in prosecution of the said despotick prin- the commander-in-chief until peace was actually ciple, the president (Warren Hastings aforesaid) concluded ; and although the dangerous condid persist to obstruct, as far as in him lay, every sequences to be apprehended from the said anadvance towards an accommodation between the swer were thereby prevented, yet by the sentiVizier Sujah ul Dowlah, and the Nabob Fyzoola ments contained in the said answer, Warren Khân; and particularly on the 16th of September, Hastings, Esquire, did strongly evince his ultimate only eight days after the said Hastings, in con adherence to all the former violent and unjust junction with the other members of the select principles of his conduct towards the Nabob Fycommittee of Bengal, had publickly testified his zoola Khân, which principles were disgraceful to satisfaction in the prospect of an accommodation, the character, and injurious to the interests, of and had hoped, that his Excellency (the vizier) this nation : and that the said Warren Hastings " would be disposed to conciliate the affections did thereby, in a particular manner, exclude him" (of the Rohillas) to his government by acceding self from any share of credit for “ the honourable “ to lenient terms ;" he, the said Hastings, did“ period put to the Rohilla war, which has in nevertheless write, and without the consent or some degree done away the reproach so wanknowledge of his colleagues did privately dis- “ tonly brought on the English name.” patch, a certain answer to a letter of the commander-in-chief; in which answer the said Hastings did express other contradictory hopes, namely, that the commander-in-chief had resolved on prosecuting the war to a final issue, " because (as RIGHTS OF FYZOOLA KHÂN UNDER THE " the said Hastings explains himself) it appears
TREATY OF LALL-DANG. “ very plainly, that Fyzoola Khân, and his adherents, lay at your mercy ; because I apprehend
I. “ much inconveniency from delays; and because “ I am morally certain, that no good will be That notwithstanding the culpable and crimi“ gained by negociating ; "—thereby artfully sug- nal reluctance of the president Hastings, herein
before recited, a treaty of peace and friendship | letter to the court of directors, dated April 5th between the Vizier Sujah ul Dowlah and the Na- 1783, represent the clauses of the treaty relative bob Fyzoola Khân was finally signed and sealed, to the stipulated aid, as meaning simply, that Fyon the 7th October 1774, at a place called Lall-zoola Khân “ should send 2 or 3,000 men to join Dang, in the presence, and with the attestation of “ the vizier's forces, or attend in person in case the British commander-in-chief, Colonel Alexan" it should be requisite." der Champion aforesaid ; and that for the said treaty the Nabob Fyzoola Khân agreed to pay,
VI. and did actually pay, the valuable consideration of balf his treasure, to the amount of 15 lacks of That from the aforesaid terms of the treaty it rupees, or £.150,000 sterling, and upwards. doth not specifically appear of what the stipulated
aid should consist, whether of horse or foot, or in II.
what proportion of both ; but that it is the re
corded opinion, maturely formed by the said HastThat by the said treaty the Nabob Fyzoola ings and his council, in January 1783, that even Khân was established in the quiet possession of a single horseman included in the aid, which Rampore, Shawabad, and “ some other districts“ Fyzoola Khân might furnish, would prove a “ dependent thereon," subject to certain condi- “ literal compliance with the stipulation.' tions, of which the more important were as follow : “ That Fyzoola Khân should retain in his
VII. “ service 5,000 troops, and not a single man « more :
That, in the event of any doubt fairly arising “ That with whomsoever the vizier should from the terms of the treaty, the Nabob Fyzoola “ make war, Fyzoola Khân should send two or Khân, in consideration of his hereditary right to “ three thousand men, according to his ability, the whole country, and the price by him actually “ to join the forces of the vizier :
paid for the said treaty, was in equity entitled to “ And that, if the vizier should march in per- the most favourable construction. “ son, Fyzoola Khân should himself accompany " him with his troops.”
That, from the attestation of Colonel Champion
aforesaid, the government of Calcutta acquired That from the terms of the treaty above recited the same right to interpose with the vizier for the it doth plainly, positively, and indisputably ap- protection of the Nabob Fyzoola Khân, as they pear, that the Nabob Fyzoola Khân, in case of the said government had before claimed from a war, was not bound to furnish more than three similar attestation of Sir Robert Barker to assist thousand men under any construction, unless the the vizier in extirpating the whole nation of the vizier should march in person.
said Fyzoola Khân ; more especially as in the
case of Sir Robert Barker it was contrary to the IV.
remonstrances of the then administration, and the
furthest from the intentions of the said Barker That the Nabob Fyzoola Khân was not posi- himself, that his attestation should involve the tively bound to furnish so many as 3,000 men, company; but the attestation of Colonel Champion but an indefinite number, not more than three, was authorized by all the powers of the governand not less than two, thousand; that, of the ment, as a " sanction” intended to add validity” precise number within such limitations, the ability to the treaty: that they the said government, aud of Fyzoola Khân, and not the discretion of the in particular the said' Warren Hastings, vizier, was to be the standard; and that such first executive member of the same, were bound ability could only mean that, which was equitably by the ties of natural justice duly to exercise the consistent not only with the external defence of aforesaid right, if need were ; and that their duty his jaghire, but with the internal good management so to interfere was more particularly enforced thereof, both as to its police and revenue. by the spirit of the censures past both by the
directors and proprietors in the Rohilla war, and V.
the satisfaction expressed by the directors“ in
“ the honourable end put to that war." That even in case the vizier should march in person, it might be reasonably doubted whether the personal service of the Nabob Fyzoola Khân “ with his troops" must be understood to be, with all his troops, or only with the number before GUARANTEE OF THE TREATY OF stipulated, not more than three, and not less than
LALL-DANG. two, thousand men ; and that the latter is the interpretation finally adopted by Warren Hastings That during the life of the Vizier Sujah ul aforesaid, and the council of Bengal, who, in a Dowlah, and for some time after his death, under