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his son and successor Asoph ul Dowlah, the Nabob following did again write to the said Colonel Fyzoola Khân did remain without disturbance or Champion more explicitly, to join his sanction, molestation : that he did all the while imagine “ either by attesting the treaty, or acting as his treaty to be under the sanction of the com guarantee on the part of the company for the pany from Colonel Champion's affixing his signa-“ performance of it;" both which letters, though ture thereto as a witness, “ which signature, as he they did not arrive until after the actual signature (Fyzoola Khân) supposed,” rendered the com- of the said Colonel Champion, do yet incontropany the arbitrators between the vizier and him- vertibly mark the solemn intention of the said self, in case of disputes; and that being “a man committee, (of which the said Hastings was preof sense, but extreme pusillanimity, a good sident,) that the sanction of Colonel Champion's “ farmer, fond of wealth, not possessed of the pas- attestation should be regarded as a publick, not a sion of ambition,” he did peaceably apply him- private, sanction; and it was more peculiarly inself to “ improve the state of his country; and cumbent on such persons, who had been members “ did by his own prudence and attention, encrease of the said committee, so to regard the same. “ the revenues thereof beyond the amount speci“ fied in Sujah ul Dowlah's grant."

IV.

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II.

That the said Warren Hastings was further

guilty of much criminal concealment for the space That in the year 1777, and in the beginning of of “twelve months,” inasmuch as he did not lay the

year 1778, being “alarmed at the young before the board the frequent and urgent solicita“ vizier's resumption of a number of jaghires tions, which he the said Hastings was continually “granted by his father to different persons, and receiving from the Nabob Fyzoola Khân, until the “ the injustice and oppression of his conduct in 9th of March 1778 : on which day the said Hast

general;” and having now learned (from whom ings did communicate to the council a publick does not appear, but probably from some person letter of the aforesaid Middleton, resident at supposed of competent authority) that Colonel Oude, acquainting the board, that he (the said Champion formerly witnessed the treaty as a pri- Middleton) taking occasion from a late application vate person, the Nabob Fyzoola Khân did make of Fyzoola Khân for the company's guarantee, frequent and urgent solicitations to Nathaniel had deputed Mr. Daniel Octavus Barwell (assistMiddleton, Esquire, then resident at Oude, and to ant resident at Benares, but then on a visit to the Warren Hastings aforesaid, then governour-gene- resident Middleton at Lucknow) to proceed with a ral of Bengal, “ for a renovation of his (the Na- special commission to Rampore, there to enquire “ bob Fyzoola Khân's) treaty with the late vizier, on the spot into the truth of certain reports circu" and the guarantee of the company,” or for a lated to the prejudice of Fyzoola Khân, which

separate agreement with the company for his reports however the said Middleton did afterwards “defence;" considering them (the company) as confess himself to have “always" thoughtin " the only power, in which he had confidence, the highest degree improbable." and to which he could look up for protection.” That the said resident Middleton did “ request

“ to know whether, on proof of Fyzoola Khân's III.

“ innocence, the honourable board would be

“ pleased to grant him (the resident) permission That the said resident Middleton, and the said" to comply with his (Fyzoola Khâu's) request of governour-general Hastings, did not, as they “ the company's guarantying his treaty with the were in duty bound to do, endeavour to allay the “ vizier." . And the said Middleton, in excuse for apprehensions of the Nabob Fyzoola Khân by having irregularly " availed himself of the abiliassuring him of his safety under the sanction of “ ties of Mr. Daniel Barwell,” who belonged to Colonel Champion's attestation aforesaid ; but by another station, and for deputing him with the their criminal neglect, if not by positive expres- aforesaid commission to Rampore without the sions, (as there is just ground from their subsequent previous knowledge of the board, did urge the language and conduct to believe,) they, the said plea" of immediate necessity ;” and that such Middleton and the said Hastings, did at least keep plea, if the necessity really existed, was a strong alive and confirm (whoever may have originally charge and accusation against the said Warren suggested) the said apprehension; and that such Hastings, from whose criminal neglect and conneglect alone was the more highly culpable in the cealment the urgency of such necessity did said Hastings, inasmuch as he the said Hastings, arise. in conjunction with other members of the select committee of the then presidency of Bengal, did,

V. on the 17th of September 1774, write to Colonel Champion aforesaid, publickly authorizing him the That the governour-general, Warren Hastings said Colonel Champion to join his sanction to the aforesaid, did immediately move, " that the board accommodations agreed on (between the Vizier approve the deputation of Mr. Daniel Barwell, Sujah ul Dowlah, and the Nabob Fyzoola Khân) and that the resident (Middleton) be authoto add to their validity; and on the 6th of October “ rized to offer the company's guarantee for the

VOL. II.

as

“ observance of the treaty subsisting between the “ occasion observed) we should participate," and “ vizier and Fyzoola Khân, provided it meets on whom we at that time had an accumulating “ with the vizier's concurrence ;” and that the demand. governour-general's proposition was resolved in

IX. the affirmative; the usual majority of council then consisting of Richard Barwell, Esquire, a near re That, over and above the lack of rupees thus lation of Daniel Octavus Barwell aforesaid, and presented to the vizier, the Nabob Fyzoola Khân the governour-general Warren Hastings, who, indid likewise offer one other lack of rupees, or upcase of an equality, had the casting voice.

wards of £.10,000 more for the company,

some acknowledgment of the obligation he reVI.

“ceived : that although such acknowledgment was

“ not pretended to be the invariable custom of That on receiving from Mr. Daniel Barwell full “ Hindostan on such occasions, however it might and early assurance of Fyzoola Khân's “ having on the present be expected,” Mr. Daniel Bar“ preserved every article of his treaty inviolate,” well aforesaid (knowing probably the disposition the resident Middleton applied for the vizier's and views of the then actual government at Calconcurrence, which was readily obtained; the vi- cutta) did not, even at first, decline the said offer, zier however premising, that he gave his consent, but, as he was not empowered to accept it, did

taking it for granted, that on Fyzoola Khân's immediately propose taking a bond for the amount, receiving the treaty, and khelaut, (or robe of until the pleasure of the board should be known.

honour,) he was to make him a return of the That the offer was accordingly communicated “ complimentary presents usually offered on such by the said Barwell to the resident Middleton, to “ occasions, and of such an amount as should be be by him the resident referred to the board; and

a manifestation of Fuz0ola Khám’s due sense that it was so referred; that in reply to the said of his friendship, and suitable to his Excellency's reference of the resident Middleton, the governourrank to receive ;” and that the resident Mid general (Warren Hastings) did move and carry dleton “ did make himself in some measure re vote of council, authorizing Mr. Middleton to

sponsible for the said presents being obtained,” accept the offer made by Fyzoola Khân to the and did write to Mr. Daniel Barwell accord-“ company of one lack of rupees,” without assigningly.

ing any reason whatever in support of the said VII.

motion, notwithstanding it was objected by a

member of the board, “ that, if the measure was That, agreeably to the resolution of council “ right, it became us to adopt it without such a hereinbefore recited, the solicited guarantee, under “ consideration;" and that “our accepting of the the seal of the resident Middleton, thus duly au “ lack of rupees as a recompence for our interposithorized on behalf of the company, was transmit

« tion is beneath the dignity of this government, ted, together with the renewed treaty, to Mr. “ (of Calcutta,) and will discredit us in the eyes of Daniel Barwell aforesaid at Rampore; and that

6 the Indian powers.” they were both by him, the said Barwell, pre That the acceptance of the said sum, in this sented to the Nabob Fyzoola Khân with a solem circumstance, was beneath the dignity of the said nity not often paralleled, “ in the presence of the government, and did tend so to discredit us; and

greatest part of the nabob's subjects, who were that the motion of the said Hastings for such ac“ assembled, that the ceremony might create a ceptance was therefore highly derogatory to the “ full belief in the breasts of all his people, that honour of this nation. “ the company would protect him as long as he strictly adhered to the letter of his treaty.”

X.

a

VIII.

That the aforesaid member of the council did

further disapprove altogether of the guarantee, That in the conclusion of the said ceremony as unnecessary;" and that another member of the Nabob Fyzoola Khân did deliver to the said council, Richard Barwell, Esquire, the near relaBarwell, for the use of the vizier, a nuzzer (ortion of Daniel Octavus Barwell, hereinbefore present) of elephants, horses, &c. and did add named, did declare, (but after the said guarantee thereto a lack of rupees, or £.10,000, and up- had taken place,) that “ this government (of Calwards; which sum the said Barwell, “ not being “ cutta) was in fact engaged, by Colonel Cham“ authorized to accept any pecuniary considera pion's signature being to the treaty with Fyzoola «« tion, did at first refuse;" but upon Fyzoola “ Khân,” that the said unnecessary guarantee did Khân's urging, that on such occasions it was the not only subject to an heavy expense a prince, invariable" custom of Hindostan, and that it whom we were bound to protect, but did further

must on the present be expected, as it had been produce in his mind the following obvious and formerly the case" (but when, does not ap- natural conclusion ; namely," that the signature pear); he the said Barwell did accept the " said “ of any person, in whatever publick capacity he is lack in the name of the vizier,” our ally, “ in

at present appears, will not be valid and of " whose wealth (as Warren Hastings on another cffect, as soon as some other shall fill his

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IV.

station ;” a conclusion, however, immediately | voluntary “offer to maintain 2,000 cavalry

“ tending to the total discredit of all powers dele- (all he had) for our service ;” “ though he gated from the board to any individual servant of was under no obligation to furnish the comthe company, and consequently to clog, perplex,“ pany with a single man. ” and embarrass in future all transactions carried on at a distance from the seat of government, and to

II. disturb the security of all persons possessing instruments already so ratified ; yet the only conclusion That the Nabob Fyzoola Khân did even “anleft to Fyzoola Khân, which did not involve some “ ticipate the wishes of the board ;” and that affront either to the private honour of the com- " on an application made to him by Lieutenantpany's servants, or to the publick honour of the “ Colonel Muir,” the Nabob Fyzoola Khân did, company itself; and that the suspicions, which “ without hesitation or delay,” furnish him (the originated from the said idea in the breast of said Muir) with 500 of his best cavalry. Fyzoola Khân to the prejudice of the resident That the said conduct of the Nabob Fyzoola Middleton's authority, did compel the governour- Khân was communicated by the company's sergeneral, Warren Hastings, to obviate the bad vants, both to each other, and to their employers, effects of his first motion for the guarantee by a with expressions of “pleasure” and “particular second motion, namely, " that a letter be written satisfaction,” as an event “ even surpassing their “ to Fyzoola Khân from myself, confirming the “ expectations :" that the governour-general,

obligations of the company, as guarantees to Warren Hastings, was officially requested to con“ the treaty formed between him and the vizier ; vey “the thanks of the board ;” and that, not “ which will be equivalent in its effect, though not satisfied with the bare discharge of his duty under “ in form, to an engagement sent him with the the said request, he the said Hastings did, on the “ company's seal affixed to it.”

8th of January 1779, write to Fyzoola, “that in

his own name,” as well as “ that of the board, XII.

“ he (the said Hastings) returned him the warmest

“ thanks for this instance of his faithful attachThat whether the guarantee aforesaid was or was ment to the company and the English nation." not necessary; whether it created a new obligation, or but more fully recognised an obligation previously existing; the governour-general, Warren Hastings, by the said guarantee, did, in the That, by the strong expressions above recited, most explicit manner, pledge and commit the the said Warren Hastings did deliberately and empublick faith of the company, and the nation; and phatically add his own particular confirmation to that by the subsequent letter of the said Hastings, the general testimony of the Nabob Fyzoola (which he at his own motion wrote, confirming to Khân's meritorious fidelity, and of his consequent Fyzoola Khân the aforesaid guarantee,) the said claim on the generosity, no less than the justice, Hastings did again pledge and commit the publick of the British government. faith of the company and the nation, in a manner (as the said Hastings himself remarked) “ equiva“ lent to an engagement with the company's seal “affixed to it;" and more particularly binding the said Hastings personally to exact a due observance DEMAND OF FIVE THOUSAND HORSE. of the guarantied treaty, especially to protect the Nabob Fyzoola Khân against any arbitrary con

I. struction, or unwarranted requisition of the vizier.

That notwithstanding his own private honour thus deeply engaged, notwithstanding the publick justice and generosity of the company and the

nation thus solemnly committed, disregarding the THANKS OF THE BOARD TO FYZOOLA

plain import and positive terms of the guarantied KHÂN.

treaty, the governour-general, Warren Hastings

aforesaid, in November 1780, (while a body of That soon after the completion of the gua- Fyzoola Khân's cavalry, voluntarily granted, were rantee, in the same year 1778, intelligence was still serving under a British officer,) did recommend received in India of a war between England and to the vizier “ to require from Fyzoola Khân the France; that on the first intimation thereof the “ quota of troops stipulated by treaty to be furNabob Fyzoola Khân,“ being indirectly sounded,” “nished by the latter for his (the vizier's) service, did shew much “promptness to render the com- “ being FIVE THOUSAND HORSE;" though, as the

pany any assistance within the bounds of his vizier did not march in person, he was not, under “ finances and ability;" and that by the sug- any construction of the treaty, entitled by stipulagestion of the resident Middleton, herein before tion to more than “ two or three thousand troops,” named, he (the Nabob Fyzoola Khấn) in a letter horse and foot, “ according to the ability of Fyto the governour-general and council did make a “ zoola Khân;" and that, whereas the said Warren

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Hastings would have been guilty of very criminal | the period of the original demand,“ to be five perfidy, if he had simply neglected to interfere as a “ thousand horse,” yet the said Warren Hastguarantee against a demand thus plainly contrary ings, at the time when he recorded the supposed to the faith of treaty, so he aggravated the guilt of evasion of Fyzoola Khân's answer to the said dehis perfidy, in the most atrocious degree, by being mand, could not be unacquainted with the exhimself the first mover and instigator of that in- press words of the stipulation, as a letter of the justice, which he was bound by so many ties on vizier, inserted in the same consultation, refers himself, the company, and the nation, not only the governour-general to enclosed copies of all not to promote, but by every exertion of authority, “ engagements entered into by the late vizier influence, and power, to controul, to divert, or to “ and by himself (the reigning vizier) with Fyresist.

“ zoola Khân;" and that the treaty itself thereII.

fore was at the very moment before the said War

ren Hastings; which treaty (as the said Hastings That the answer of Fyzoola Khân to the vizier observed with respect to another treaty, in the did represent, with many expressions of deference, case of another person) “most assur

Observations duty, and allegiance, that

edly does not contain a syllable The whole force allowed him was but “ five " to justify his conduct; but by the tow's defence. “ thousand men," and that “these consisted of two unexampled latitude, which he assumes in his " thousand horse, and three thousand foot ; which “ constructions, he may, if he pleases, extort this “ (he adds) in consequence of our intimate con- or any other meaning from any part of it.” nexion are equally yours and the company's;" though he does subsequently intimate, that “ the

IV. “ three thousand foot are for the management of “ the concerns of his jaghire, and without them That the vizier himself appears by no means to “ the collections can never be made in time.”

have been persuaded of his own right to five thouThat on the communication of the said answer sand horse under the treaty; since in his correto the governour-general, Warren Hastings, he spondence on the subject he (the vizier) no where the said Hastings (who as the council now consisted mentions the treaty as the ground of his demand, only of himself and Edward Wheler, Esquire, except where he is recapitulating to the governour“ united in his own person all the powers of govern- general, Warren Hastings, the substance of his “ ment”) was not induced to relax from his unjust (the said Hastings's) own letters ; on the contrary, purpose, but did proceed with new violence to the vizier hints his apprehensions lest Fyzoola record, that

Khân should appeal to the treaty against the deThe Nabob Fyzoola Khân had evaded the mand, as a breach thereof, in which case he (the performance of his part of the treaty be- vizier) informs the said Hastings of the projected “ tween the late Nabob Sujah ul Dowlah and reply: “ Should Fyzoola Khân (says the vizier) “ him, to which the honourable company were “ mention any thing of the tenour of the treaty,

guarantees, and upon which he was lately sum- the first breach of it has been committed by moned to furnish the stipulated number of him, in keeping up more men than allowed of “ troops, which he is obliged to furnish on the “ by the treaty: I have accordingly sent a person condition, by which he holds the jaghire grant- to settle that point also. In case he should "ed to him.”

“ mention to me any thing respecting the treaty, That by the vague and indefinite term of eva- “ I will then reproach him with having kept up sion, the said Warren Hastings did introduce a too many troops, and will oblige him to send the loose and arbitrary principle of interpreting formal “ five thousand horse;" thereby clearly intimatengagements, which ought to be regarded, more ing, that as a remonstrance against the demand, especially by guarantees, in a sense the most as a breach of treaty, could only be answered by literally scrupulous and precise.

charging a prior breach of treaty on Fyzoola Khân, That he charged with such evasion a moderate, so, by annulling the whole treaty, to reduce the humble, and submissive representation on a point, question to a mere question of force, and thus which would have warranted a peremptory refusal, oblige Fyzoola Khân to send the five thousand and a positive remonstrance; and that in conse- “ horse :" for (continues the vizier) if, when the quence of the said imputed evasion he indicated “ company's affairs, on which my honour depends, a disposition to attach such a forfeiture as in require it, Fyzoola Khân will not lend his asjustice could only have followed from a gross sistance, what use is there to continue the breach of treaty; though the said Hastings did " country to him?. not then pretend any actual infringement even of That the vizier actually did make his application the least among the conditions, to which, in the to Fyzoola Khân for the 5,000 horse, not as for an name of the company, he the said Hastings was the aid, to which he had a just claim, but as for someexecutive guarantee.

thing over and above the obligations of the treaty, III.

something “that would give encrease to their

friendship, and satisfaction to the nabob goThat however “the number of troops stipu- “ vernour," (meaning the said Hastings,) whose “ lated by treaty may have been understood," at directions he represents as the motive “ of his call

IX.

“ for the 5,000 horse to be employed ” not in his

VIII. (the vizier's) but in the “company's service."

And, that the aforesaid Warren Hastings did That Richard Johnson, Esquire, assistant resitherefore, in recording the answer of Fyzoola Khân dent at Oude, was, agreeably to the afore-menas an evasion of treaty, act in notorious contradic- tioned order of council, deputed commissioner tion not only to that, which ought to have been the from Mr. Middleton and the vizier to Fyzoola fair construction of the said treaty, but to that, Khân ; but that he did early give the most indewhich he the said Hastings must have known to be cent proofs of glaring partiality, to the prejudice the vizier's own interpretation of the same, dis- of the said Fyzoola Khân ; for that the very next posed as the vizier was 'to reproach Fyzoola day (as it seems) after his arrival, he the said * Khân with breach of treaty,” and to “send up Johnson, from opinions imbibed in his journey, “ persons who should settle points with him.” did state himself to be “ unwilling to draw any

“ favourable or flattering inferences relatively to V.

“ the object of his mission ;” and did studiously

seek to find new breaches of treaty ; and without That the said Warren Hastings, not thinking any form of regular enquiry whatever, from a sinhimself justified, on the mere plea of an evasion, gle glance of his eye in passing, did take upon to push forward his proceedings to that extremity, himself to pronounce “ the Rohilla soldiers, in the which he seems already to have made his scope and “ district of Rampore alone, to be not less than object, and seeking some better colour for his unjust “ 20,000,” and the grant of course to be forfeited. and violent purposes, did further move, that com. And that such a gross and palpable display of a missioners should be sent from the vizier and the predetermination to discover guilt did argue company to Fyzoola Khân, to insist on a clause of in the said Johnson a knowledge, a strong prea treaty, which no where appears, being essentially sumption, or a belief, that such representations different from the treaty of Lall-Dang, though not would be agreeable to the secret wishes and views in the part, on which the requisition is founded : of the said Hastings, under whose orders he the and the said Hastings did then, in a style unusually said Johnson acted, and to whom all his reports imperative, proceed as follows:

were to be referred. « Demand immediate delivery of 3,000 cavalry ; and if he should evade, or refuse compliance, that the deputies shall deliver him a That the said Richard Johnson did soon after “ formal protest against him for breach of treaty, proceed to the immediate object of his mission, “and return, making this report to the vizier, “ which (the said Johnson relates) was short to a “ which Mr. Middleton is to transmit to the degree.” The demand was made, and “ a flat “ board."

“ refusal” given ; the question was repeated with like effect. The said Johnson, in presence of

proper witnesses, then drew up his protest, togeThat the said motion of the governour-general " ther with a memorandum of a palliative offer Hastings was ordered accordingly, the council, as “ made by the Nabob Fyzoola Khân,” and inalready has been herein related, consisting but of serted in the protest : two members, and the said Hastings consequently That he would in compliance with the de“uniting in his own person all the powers of “ mand, and in conformity to the treaty, which “government.”

specified no definitive number of cavalry or inVII.

fantry, only expressing troops, furnish 3,000

men ; viz. he would, in addition to the 1,000 That, when the said Hastings ordered the said “ cavalry already granted, give 1,000 more, when demand for 3,000 cavalry, he the said Hastings and wheresoever required, and 1,000 foot ;”, well knew, that a compliance therewith, on the together with one year's pay in advance, and part of the Nabob Fyzoola Khân, was utterly im- funds for the regular payment of them in future. possible ; for he, the said Hastings, had at the very And this (the said Richard Johnson observes) moment before him a letter of Fyzoola Khân, “ I put down at his (the Nabob Fyzoola Khân’s) stating, that he, Fyzoola Khân, had “but two “ particular desire, but otherwise useless, as my " thousand cavalry” altogether ; which letter is orders (which orders do not appear) were not entered on the records of the company, in the same to receive any palliation, but a negative or consultation, immediately preceding the governour " affirmative ;” though such palliation, as it is general's minute. That the said Hastings there called by the said Johnson, might be, as it was, in fore knew, that the only possible consequence of the strictest conformity to the treaty. the aforesaid demand necessarily and inevitably must be a protest for a breach of treaty; and the

X. court of directors did not hesitate to declare, that the said demand “ carried the appearance of a That in the said offer the Nabob Fyzoola Khân, “ determination to create a pretext for depriving instead of palliating, did at once admit the extreme “him (Fyzoola Khân) of his jaghire entirely, or right of the vizier, under the treaty, by agreeing to " to leave him at the mercy of the vizier.” furnish 3,000 men, when he (Fyzoola Khân) would

VI.

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