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have been justified in pleading his inability to send " management of the provinces bordering on more than two thousand. That such inability Rampore, arising from Fyzoola Khân having the would not (as appears) have been a false and “ uncontrouled dominion of that district.” 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

TREATY OF CHUNAR. Fyzoola Khân, by declining to avail himself of a plea so fair, so well founded, and so consonant to

1. the indulgence expressly acknowledged in the treaty, and by thus meeting the specifick demand That the governour-general, Warren Hastings, of the vizier as fully as, according to his own being vested with the illegal powers before recited, military establishment, he could, did for the said did, on the 12th of September 1781, enter into a offer deserve rather the thanks of the said vizier treaty with the vizier at Chunar; which treaty (as and the company, than the protest, which the the said Hastings relates) was drawn up aforesaid Johnson, under the orders of Warren “ series of requisitions presented to him (the said Hastings, did deliver.

“ Hastings) by the vizier,” and by him received

“ with an instant and unqualified assent to each XI.

“ article ;” and that the said Hastings assigns his

reasons for such ready assent in the following That the report of the said protest, as well as words: “I considered the subjects of his (the the former letter of the said Johnson, were by the vizier’s) requests as essential to the reputation of resident Middleton transmitted to the board, toge- our government, and no less to our interest ther with a letter from the vizier, founded on the “ than his." said report and letter of the said Johnson, and

II. proposing in consequence

“ to resume the grant, " and to leave Fyzoola Khân to join his other That in the said treaty of Chunar the third “ faithless brethren, who were sent across the article is as follows: “ Ganges."

“ That as Fyzoola Khân has by his breach of That the said papers were read in council on “ treaty forfeited the protection of the English the 4th of June 1781, when the governour general, government, and causes by his continuance in Warren Hastings, did move and carry a vote to “ his present independent state great alarm and suspend a final resolution on the same; and the “ detriment to the nabob vizier, he be permitted, said Hastings did not express any disapprobation when time shall suit, to resume his lands, and of the proceedings of the said Johnson ; neither pay him in money, through the resident, the did the said Hastings assign any reasons for his “ amount stipulated by treaty, after deducting the motion of suspension, which passed without debate. “ amount and charges of the troops he stands That

, in truth the said Hastings had then projected “ engaged to furnish by treaty: which amount a journey up the country to meet the vizier, for “ shall be passed to the account of the company the settlement of articles relative to the regulation during the continuance of the present war.” of Oude and its dependencies, among which was included the jaghire of Fyzoola Khân ; and the

III. said Hastings, for the aforesaid purposes, did, on the 3d of July, by his own casting vote, grant to That for the better elucidation of his policy in himself, and did prevail on his colleague, Edward the several articles of the treaty above mentioned, Wheler, Esquire, to grant a certain illegal delega- the said Hastings did send to the council of Caltion of the whole powers of the governour-general cutta (now consisting of Edward Wheler and John and council; and on the seventh of the same month Macpherson, Esquires) two different copies of the did proceed on his way to join the vizier at a said treaty, with explanatory minutes opposed to place called Chunar on the borders of Benares ; each article; and that the minute opposed to the and that the aforesaid vote of suspending a final third article is thus expressed : resolution on the transactions with Fyzoola Khán “ The conduct of Fyzoola Khân, in refusing the was therefore in substance and effect a reference “ aid demanded, though I not an absolute breach thereof by the said Hastings, from himself in of treaty, was evasive and uncandid. council with his colleague Wheler, to himself in demand was made for 5,000 cavalry. 3 The conference and negociation with the vizier, who engagement in the treaty is literally for 5,000 from the first demand of the 5,000 horse had horse and foot. Fyzoola Khân could not be taken every occasion of shewing his inclination to ignorant, that we had no occasion for any sucdispossess Fyzoola Khân, and who before the said cours of infantry from him, and that cavalry demand (in a letter, which does not appear, but

" would be of the most essential service, So which the vizier himself quotes as antecedent to scrupulous an attention to literal expression, the said demand) had complained to the said when a more liberal interpretation would have Hastings of the “injury and irregularity in the been highly useful and acceptable to us, strongly

2 The

4

marks his unfriendly disposition, though it may | Hastings doth thereby charge himself with a high not impeach his fidelity, and leaves him little breach of trust towards his employers. " claim to any exertions from us for the con- 6thly. That the said Hastings having thus continuance of his jaghires. But 5 I am of fessed, that consciously and wilfully (from what opinion, that neither the vizier's nor the com- motives he hath not chosen to confess) he did give pany's interests would be promoted by de- his formal sanction to a measure both of injustice * priving Fyzoola Khân of his independency, and impolicy, he the said Hastings doth urge in

and I have 6 therefore reserved the execution his defence, that he did at the same time insert of this agreement to an indefinite term; and words “reserving the execution of the said agree" our government may always interpose to pre- ment to an indefinite term;" with an intent, that “ vent any ill effects from it."

it might in truth be never executed at all; but

“ that our government might always interposc,” IV.

without right, by means of an indirect and undue

influence, to prevent the ill effects following from a That in his aforesaid authentick evidence of his collusive surrender of a clear and authorized right own purposes, motives, and principles, in the third to interpose; and the said Hastings doth thereby article of the treaty of Chunar, the said Hastings declare himself to have introduced a principle of hath established divers matters of weighty and duplicity, deceit, and double-dealing, into a serious crimination against himself.

publick engagement, which ought in its essence to Ist. That the said Hastings doth acknowledge be clear, open, and explicit ; that such a declaratherein, that he did, in a publick instrument, tion tends to shake and overthrow the confidence solemnly recognise, as a breach of treaty,” and of all in the most solemn instruments of any peras such did subject to the consequent penalties, an son so declaring, and is therefore an high crime and act, which he the said Hastings did at the same misdemeanour in the first executive member of time think, and did immediately declare, to be government, by whom all treaties and other enExplanatory no breach of treaty ;” and by so gagements of the state are principally to be conminute. falsely and

unjustly proceeding ducted. against a person under the company's guarantee,

V. the said Hastings, on his own confession, did himself break the faith of the said guarantee.

That by the explanatory minute aforesaid the 2d. That in justifying this breach of the com- said Warren Hastings doth further, in the most pany's faith, the said Hastings doth wholly aban- direct manner, contradict his own assertions in the don his second peremptory demand for the 3,000 very letter which enclosed the said minute to his horse, and the protest consequent thereon; and colleagues; for that one of the articles, to which the said Hastings doth thereby himself condemn he there gave an instant and unqualified assent, the violence and injustice of the same.

as no less to our interest than to the vizicr's, 3dly. That in recurring to the original demand he doth here declare unequivocally to be neither of five thousand horse as the ground of his justifica- to our interests nor the vizier's ; and the “ unquation, the said Hastings doth falsely assert “ the “ lified assent" given to the said article is now so “ engagement in the treaty to be literally five qualified, as wholly to defeat itself. That by such * thousand horse and foot," whereas it is in fact irreconcilable contradictions the said Hastings for two or three thousand men ; and the said doth incur the suspicion of such criminal misHastings doth thereby wilfully attempt to de- representation in other like cases of unwitnessed ceive and mislead his employers, which is an high conferences; and in the present instance (as far as crime and misdemeanour in a servant of so great it extends) the said Hastings doth prove himself to trust.

have given an account both of his actions and 4thly. That with a view to his further justifica- motives, by his own confession untrue, for the tion, the said Hastings doth advance a principle, purpose of deceiving his employers, which is an that “ a scrupulous attention to the literal ex- high crime and misdemeanour in a servant of so pression" of a guarantied treatyleavesto the great trust. persons so observing the samebut little claim

VI. to the exertionsof a guarantee on his behalf ; that such a principle is utterly subversive of all That the said third article of the treaty of Chu- . faith of guarantees, and is therefore highly criminal nar, as it thus stands explained by the said Hastin the first executive member of a government, that ings himself, doth on the whole appear designed must necessarily stand in that mutual relation to to hold the protection of the company in suspense ; many.

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, ill cious and profuse, against the fears of another, effects must be expected ;" and that the said described as “of extreme pusillanimity, and 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 Khån'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

V. principle of the English government is a deliberate system of injustice, joined with falsehood ; of That in the months of February, March, and impolicy, of bad faith and treachery; and that April, the resident Middleton did repeatedly prothe said article is therefore in the highest degree pose the resumption of Fyzoola Khân's jaghire, derogatory to the honour, and injurious to the in-agreeably to the treaty of Chunar; and that driven terests, of this nation,

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 CONSEQUENCES OF THE TREATY and resident acting professedly on and under the OF CHUNAR.

treaty of Chunar, " the Nabob Fyzoola Khân

" made such preparations, and such a disposition I.

“ of his family and wealth, as evidently manifested

“ either an intended or an expected rupture." That in consequence of the treaty of Chunar, the governour-general, Warren Hastings, did send

VI. official instructions, respecting the various articles of the said treaty, to the said resident Middleton ; That on the 6th of May the said Hastings did and that, in a postscript, the said Hastings did send his confidential agent and friend, Major forbid the resumption of the Nabob Fyzoola Palmer, on a private commission to Lucknow; and Khân's jaghire, “ until circumstances may render that the said Palmer was charged with secret in“ it more expedient, and easy to be attempted, structions relative to Fyzoola Khân, but of what “ than the present more material pursuits of go- import cannot be ascertained, the said Hastings in “vernment make it appear;" thereby intimating his publick instructions having inserted only the a positive limitation of the indefinite term in the name of Fyzoola Khân, as a mere reference (acexplanatory minute above recited ; and confining cording to the explanation of the said Hastings) the suspension of the article to the pressure of war. to what he had verbally communicated to the said

Palmer; and that the said Hastings was thereby II.

guilty of a criminal concealment.

That soon after the date of the said instructions,

VII. and within two months of the signature of the treaty of Chunar, the said Hastings did cause Sir That some time about the month of August an Elijah Impey, Knight, his majesty's chief justice engagement happened between a body of Fyzoola at Fort William, to discredit the justice of the Khân's cavalry, and a part of the vizier's army, in crown of Great Britain by making him the channel which the latter were beaten, and their guns

taken; of unwarrantable communication; and did, through that the resident Middleton did represent the same the said Sir Elijah, signify to the resident Middle- but as a slight and accidental affray : that it was ton his (the said Hastings’s) “ approbation of a acknowledged the troops of the vizier were the subsidy from Fyzoola Khân.'

aggressors; that it did appear to the board, and to

the said Hastings himself, an affair of more conIII.

siderable magnitude, and that they did make the

concealment thereof an article of charge against the That the resident, in answer, represents the resident Middleton, though the said resident did proper equivalent for 2,000 horse, and 1,000 foot, in truth acquaint them with the same, but in a (the forces offered to Mr. Johnson by Fyzoola cursory manner. Khân,) to be twelve lacks, or £. 120,000 sterling,

VIII. and upwards, each year ; which the said resident supposes is considerably beyond what he (Fyzoola That, immediately after the said " fray" at DaKhản) will voluntarily pay : “ however, if it is ranagur, the vizier (who was“ but a cipher in the “ your wish, that the claim should be made, I “ hands” of the minister and resident, both of

am ready to take it up, and you may be as- them directly appointed and supported by the said “ sured nothing in my power shall be left un- Hastings) did make of Fyzoola Khân a new de“ done to carry it through.

mand, equally contrary to the true intent and

an exile "

meaning of the treaty, as his former requisitions ; | Hastings did believe the mind of the Nabob which new demand was for the detachment in gar- Fyzoola Khân to be so irritated, in consequence rison at Daranagur to be cantoned as a stationary of the above-recited conduct of the late resident force at Lucknow, the capital of the vizier; Middleton, and of his (the said Hastings's) own whereas he (the vizier) had only a right to demand criminal neglect, that he the said Hastings found an occasional aid to join his army in the field, or it necessary to write to Fyzoola Khân, assuring in garrison, during a war. But the said new de-him “ of the favourable disposition of the governmand being evaded, or rather refused, agreeably “ment toward him, while he shall not have forto the fair construction of the treaty by the Nabob “ feited it by any improper conduct.” But that Fyzoola Khân, the matter was for the present the said assurances of the governour-general did dropped.

not tend, as soon after appeared, to raise much IX.

confidence in the nabob. over whom a publick

instrument of the same Hastings was still holding That in the letter, in which the resident Mid- the terrours of a deprivation of his jaghire, and dleton did mention“ what he calls the fray

among his other faithless brethren aforesaid, the said Middleton did again apply for across the Ganges.” 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 That on the subject of Fyzoola Khân the said assurances of their support to the vizier, in case, Hastings, in his instructions to the new resident which (says the resident) I think very probable, Bristow, did leave him to be guided by his own his (the vizier's) own strength should be found un discretion; but (he adds) “ be careful to prevent equal to the undertaking.

“ the vizier's affairs from being involved with new

“ difficulties, while he has already so many to X.

oppress him ;” thereby plainly hinting at some

more decisive measures whenever the vizier should That although the said Warren Hastings did be less oppressed with difficulties. make the foregoing application a new charge against the resident Middleton, yet the said

III. Hastings did only criminate the said Middleton for a proposal tending“ at such a crisis to encrease That the resident Bristow, after acquainting the “the number of our enemies ;” and did in no governour-general with his intentions, did under degree, either in his articles of charge, or in his the said instructions renew the aforesaid claim for accompanying minutes, express any disapproba- a sum of money, but with much caution and cirtion whatever of the principle; that in truth the cumspection, distinctly sounding Allif Khân, the whole proceedings of the said resident were the vackeel (or envoy) of Fyzoola Khân at the court natural result of the treaty of Chunar : that the of the vizier : that Allif Khân wrote to his proceedings were from time to time communicated master on the subject, and in answer he was dito the said Hastings. That as he no where charges rected not to agree to the granting of “any any disobedience of orders on Mr. Middleton“ pecuniary aid.” with respect to Fyzoola Khân, it may be justly

IV. inferred, that the said Hastings did not interfere 10 check the proceedings of the said Middleton That the resident Bristow did then openly depute on that subject; and that by such criminal neglect Major Palmer aforesaid, with the concurrence of the said Hastings did make the guilt of the said the vizier, and the approbation of the governourMiddleton, whatever it might be, his own. general, to the nabob Fyzoola Khân, at Rampore;

and that the said Palmer was to “ endeavour to “ convince the nabob, that all doubts of his attachment to the vizier are ceased ; and what

ever claims may be made on him are founded PECUNIARY COMMUTATION OF THE upon the basis of his interest and advantage, STIPULATED AID.

and a plan of establishing his right to the pos

session of his jaghire.' That the sudden I.

ceasing of the said doubts, without any enquiry

of the slightest kind, doth warrant a strong preThat on the charges, and for the misdemeanours sumption of the resident's conviction, that they above specified, together with divers other accu never really existed, but were artfully feigned, as sations, the governour-general, Warren Hastings, a pretence for some harsh interposition; and that in September 1782, did remove the aforesaid the indecent mockery of establishing, as a matter Middleton from his office of resident of Oude, and of favour, for a pecuniary consideration, rights, did appoint thereto John Bristow, Esquire, whom which were never impeached but by the treaty of he had twice before, without cause, recalled from Chunar, (an instrument recorded by Warren Hastthe same; and that about the same time the said | ings 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 3d. That the said Hastings doth next resort executed.

again to the supposition of our right to the whole

5,000 cavalry. V.

4th. That the said Hastings doth afterwards

think, in the event of an explanation of the treaty, That the said Palmer was instructed by the and a settlement of the proportion of cavalry, resident Bristow, with the subsequent approbation instead of a pecuniary commutation, it will be all of the governour-general, “ to obtain from Fyzoola we can demand, that the number should at least “ Khân an annual tribute ;" to which the resident exceed 2,500. adds: “ if you can procure from him, over and 5th. That the said Hastings doth, in calculatubove this, a peshcush (or fine) of at least five ing the supposed time of their service, assume an lacks, it would be rendering an essential service arbitrary estimate of one year of war to four of “ to the vizier, and add to the confidence his Ex- peace; which (however moderate the calculation

cellency would hereafter repose in the attach- may appear on the average of the said Hastings's ment of the Nabob Fzoola Khám.

own government) doth involve a principle in a And that the said governour-general Hastings considerable degree repugnant to the system of did give the following extraordinary ground of perfect peace, inculcated in the standing orders of calculation, as the basis of the said Palmer's the company. negociation for the annual tribute aforesaid : 6th. That, in estimating the pay of the cavalry

It was certainly understood at the time the to be commuted, the said Hastings doth fix the treaty was concluded, (of which this stipulation pay of each man at 50 rupees a month ; which on

was a part,) that it applied solely to cavalry; as 5,000 troops, all cavalry, (as the said Hastings “ the nabob vizier, possessing the service of our supposes the treaty of Lall-Dang to have meant,) “ forces, could not possibly require infantry, and would amount to an expence of 30 lacks a year, “ least of all such infantry as Fyzoola Khân could or between £.300,000 or £.400,000. And this “ furnish ; and a single horseman included in the expence, strictly resulting (according to the calcuaid, which Fyzoola Khán might furnish, would lations of the said Hastings) from the intention of prove a literal compliance with the said stipula- Sujah ul Dowlah's grant to Fyzoola Khân, was tion. The number therefore of horse implied designed to be supported out of a jaghire, valued

by it ought at least to be ascertained ; we will at 15 lacks only, or something more than £.150,000

suppose five thousand, and allowing the exigency of yearly revenue, just half the amount of the “ for their attendance to exist only in the propor- expence to be incurred in consideration of the said “tion of one year in five, reduce the demand to jaghire.

one thousand for the computation of the sub- And that a basis of negociation so inconsistent,

sidy, which at the rate of fifty rupees per man so arbitrary, and so unjust, is contrary to that up“ will amount to fifty thousand per mensem. rightness and integrity, which should mark the This may serve for the basis of this article in transactions of a great state, and is highly deroga“ the negociation upon it.”

tory to the honour of this nation.

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That the said Warren Hastings doth then con- That notwithstanding the seeming moderation tinue to instruct the said Palmer in the alternative and justice of the said Hastings, in admitting the of a refusal from Fyzoola Khân.

clear and undoubted right of Fyzoola Khân to “ If Fyzoola Khân shall refuse to treat for a insist on his treaty, the head of instruction immesubsidy, and claim the benefit of his original diately succeeding doth afford just reason for a agreement in its literal expression, he possesses violent presumption, that such apparent lenity was

a right, which we cannot dispute, and it will in but policy, to give a colour to his conduct; he the “ that case remain only to fix the precise number said 'Hastings, in the very next paragraph, bring“ of horse, which he shall furnish, which ought at ing forth a new engine of oppression, as follows : “ least to exceed 2,500.”

“ To demand the surrender of all the reiats (or

peasants) of the nabob vizier's dominions, to VII.

“ whom Fyzoola has given protection and service,

or an annual tribute, in compensation for the That in the above-recited instructions, the said loss sustained by the nabob vizier in his releWarren Hastings doth insinuate, (for he doth not

nue,

thus transferred to Fyzoola Khân. directly assert,)

“ You have stated the encrease of his jaghire, 1st. That we are entitled by treaty to 5,000 “ occasioned by this act, at the moderate sum of troops, which he says were undoubtedly intended “ fifteen lacks. The tribute ought at least to be to be all cavalry.

one third of that amount. 2d. That the said Hastings doth then admit, “ We conceive, that Fyzoola Kliân himself may that a single horseman, included in the aid fur- “ be disposed to yield to the preceding demand,

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