have been justified in pleading his inability to send more than two thousand. That such inability would not (as appears) have been a false and evasive plea, but perfectly true and valid; as the three thousand foot maintained by Fyzoola Khân were for the purposes of his internal government, for which the whole three thousand must have been demonstrably necessary: and that the Nabob Fyzoola Khân, by declining to avail himself of a plea so fair, so well founded, and so consonant to the indulgence expressly acknowledged in the treaty, and by thus meeting the specifick demand of the vizier as fully as, according to his own military establishment, he could, did for the said offer deserve rather the thanks of the said vizier and the company, than the protest, which the aforesaid Johnson, under the orders of Warren Hastings, did deliver. That the said papers were read in council on the 4th of June 1781, when the governour general, Warren Hastings, did move and carry a vote to suspend a final resolution on the same; and the said Hastings did not express any disapprobation of the proceedings of the said Johnson; neither did the said Hastings assign any reasons for his motion of suspension, which passed without debate. That in truth the said Hastings had then projected a journey up the country to meet the vizier, for the settlement of articles relative to the regulation of Oude and its dependencies, among which was included the jaghire of Fyzoola Khân; and the said Hastings, for the aforesaid purposes, did, on the 3d of July, by his own casting vote, grant to himself, and did prevail on his colleague, Edward Wheler, Esquire, to grant a certain illegal delegation of the whole powers of the governour-general and council; and on the seventh of the same month did proceed on his way to join the vizier at a place called Chunar on the borders of Benares; and that the aforesaid vote of suspending a final resolution on the transactions with Fyzoola Khán was therefore in substance and effect a reference thereof by the said Hastings, from himself in council with his colleague Wheler, to himself in conference and negociation with the vizier, who from the first demand of the 5,000 horse had taken every occasion of shewing his inclination to dispossess Fyzoola Khân, and who before the said demand (in a letter, which does not appear, but which the vizier himself quotes as antecedent to the said demand) had complained to the said Hastings of the "injury and irregularity in the THAT the governour-general, Warren Hastings, being vested with the illegal powers before recited, did, on the 12th of September 1781, enter into a treaty with the vizier at Chunar; which treaty (as the said Hastings relates) was drawn up " from a "series of requisitions presented to him (the said "Hastings) by the vizier," and by him received "with an instant and unqualified assent to each "article;" and that the said Hastings assigns his reasons for such ready assent in the following words: "I considered the subjects of his (the vizier's) requests as essential to the reputation of our government, and no less to our interest "than his." II. That in the said treaty of Chunar the third article is as follows: "That as Fyzoola Khân has by his breach of "treaty forfeited the protection of the English "government, and causes by his continuance in "his present independent state great alarm and "detriment to the nabob vizier, he be permitted, "when time shall suit, to resume his lands, and pay him in money, through the resident, the "amount stipulated by treaty, after deducting the "amount and charges of the troops he stands engaged to furnish by treaty: which amount "shall be passed to the account of the company during the continuance of the present war.' 66 III. That for the better elucidation of his policy in the several articles of the treaty above mentioned, the said Hastings did send to the council of Calcutta (now consisting of Edward Wheler and John Macpherson, Esquires) two different copies of the said treaty, with explanatory minutes opposed to each article; and that the minute opposed to the third article is thus expressed : 1 3 The "The conduct of Fyzoola Khân, in refusing the "aid demanded, though not an absolute breach 2 The of treaty, was evasive and uncandid. "demand was made for 5,000 cavalry. engagement in the treaty is literally for 5,000 "horse and foot. Fyzoola Khân could not be ignorant, that we had no occasion for any succours of infantry from him, and that cavalry "would be of the most essential service. "scrupulous an attention to literal expression, "when a more liberal interpretation would have “been highly useful and acceptable to us,strongly 66 4 So That in his aforesaid authentick evidence of his own purposes, motives, and principles, in the third article of the treaty of Chunar, the said Hastings hath established divers matters of weighty and serious crimination against himself. 1st. That the said Hastings doth acknowledge therein, that he did, in a publick instrument, solemnly recognise, "as a breach of treaty," and as such did subject to the consequent penalties, an act, which he the said Hastings did at the same time think, and did immediately declare, to be Explanatory no breach of treaty ;" and by so minute. falsely and unjustly proceeding against a person under the company's guarantee, the said Hastings, on his own confession, did himself break the faith of the said guarantee. 2d. That in justifying this breach of the company's faith, the said Hastings doth wholly abandon his second peremptory demand for the 3,000 horse, and the protest consequent thereon; and the said Hastings doth thereby himself condemn the violence and injustice of the same. 3dly. That in recurring to the original demand of five thousand horse as the ground of his justification, the said Hastings doth falsely assert "the "engagement in the treaty to be literally FIVE "thousand horse and foot," whereas it is in fact for TWO or THREE thousand men; and the said Hastings doth thereby wilfully attempt to deceive and mislead his employers, which is an high crime and misdemeanour in a servant of so great trust. | 4thly. That with a view to his further justification, the said Hastings doth advance a principle, that " a scrupulous attention to the literal expression" of a guarantied treaty" leaves" to the persons so observing the same " but little claim to the exertions" of a guarantee on his behalf; that such a principle is utterly subversive of all faith of guarantees, and is therefore highly criminal in the first executive member of a government, that must necessarily stand in that mutual relation to many. Hastings doth thereby charge himself with a high breach of trust towards his employers. 6thly. That the said Hastings having thus confessed, that consciously and wilfully (from what motives he hath not chosen to confess) he did give his formal sanction to a measure both of injustice and impolicy, he the said Hastings doth urge in his defence, that he did at the same time insert words "reserving the execution of the said agree"ment to an indefinite term;" with an intent, that it might in truth be never executed at all; but "that our government might always interpose," without right, by means of an indirect and undue influence, to prevent the ill effects following from a collusive surrender of a clear and authorized right to interpose; and the said Hastings doth thereby declare himself to have introduced a principle of duplicity, deceit, and double-dealing, into a publick engagement, which ought in its essence to be clear, open, and explicit; that such a declaration tends to shake and overthrow the confidence of all in the most solemn instruments of any person so declaring, and is therefore an high crime and misdemeanour in the first executive member of government, by whom all treaties and other engagements of the state are principally to be conducted. 66 V. That by the explanatory minute aforesaid the said Warren Hastings doth further, in the most direct manner, contradict his own assertions in the very letter which enclosed the said minute to his colleagues; for that one of the articles, to which he there gave "an instant and unqualified assent, as no less to our interest than to the vizier's," he doth here declare unequivocally to be neither to our interests nor the vizier's; and the " unqua'lified assent" given to the said article is now so qualified, as wholly to defeat itself. That by such irreconcilable contradictions the said Hastings doth incur the suspicion of such criminal misrepresentation in other like cases of unwitnessed conferences; and in the present instance (as far as it extends) the said Hastings doth prove himself to have given an account both of his actions and motives, by his own confession untrue, for the purpose of deceiving his employers, which is an high crime and misdemeanour in a servant of so great trust. VI. That the said third article of the treaty of Chunar, as it thus stands explained by the said Hastings himself, doth on the whole appear designed to hold the protection of the company in suspense; that it acknowledges all right of interference to 5thly. That the said Hastings doth profess his cease, but leaves it to our discretion to determine opinion of an article, to which he gave an "in- when it will suit our conveniency to give the vi"stant and unqualified assent," that it was a zier the liberty of acting on the principles by us measure," by which neither the vizier's nor the already admitted: that it is dexterously concompany's interests would be promoted," but structed to balance the desires of one man, rapafrom which, without some interposition, "illcious and profuse, against the fears of another, "effects must be expected;" and that the said described as "of extreme pusillanimity, and IV. That the reply of the said Hastings doth not appear; but that it does appear on record, that "a negociation (Mr. Johnson's) was begun for Fyzoola Khân's cavalry to act with General "Goddard, and, on his (Fyzoola Khân's) evading it, that a sum of money was demanded." "wealthy" but that, whatever may have been the 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. II. That soon after the date of the said instructions, and within two months of the signature of the treaty of Chunar, the said Hastings did cause Sir Elijah Impey, Knight, his majesty's chief justice at Fort William, to discredit the justice of the crown of Great Britain by making him the channel of unwarrantable communication; and did, through the said Sir Elijah, signify to the resident Middleton his (the said Hastings's)" approbation of a "subsidy from Fyzoola Khân." III. 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 Khân'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. 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 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 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." 66 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 what66 ever 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 Excellency 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 subsidy, 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 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. |
