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“ on the additional condition of being allowed to “ the governour-general. He observes, it is the “ hold his lands in ultumgaw (or an inheritable “ custom of the honourable company, when they “ tenure) instead of his present tenure by jagheer deprive a chief of his country, to grant him some " (or a tenure for life). This we think the vizier " allowance. This he expects from Mr. Hastings's “ can have no objection to grant, and we recom bounty; but if he should be disappointed, he “mend it; but for this a fine or peshcush ought “ will certainly set off upon a pilgrimage to “ to be immediately paid in the customary pro
“ Mecca and Medina, und renounce the cares of “ portion of the juma, estimated at 30 lacks.” " the world.”
“ He directs his vakeel to ascertain whether IX.
“ the English intend to deprive him of his coun
try; for if they do, he is ready to surrender it, That the resident Bristow (to whom the letter upon receiving an order from the resident." containing Major Palmer's instructions is addressed) no where attributes the encrease of Fyzoola
XI. Khân's revenues to this protection of the fugitive reiats, subjects of the vizier : that the said War That after much negociation the Nabob Fyzoola ren Hastings was, therefore, not warranted to Khán,“ being fully sensible, that an engagement make that a pretext of such a peremptory demand;" to furnish military aid, however clearly the conthat as an inducement to make Fyzoola Khân “ ditions might be stated, must be a source of agree to the said demand, it is offered to settle his “ perpetual misunderstanding and inconvenienlands upon a tenure, which would secure them to cies,” did at length agree with Major Palmer to his children ; but that settlement is to bring with give fifteen lacks, or £.150,000 and upwards, by it a new demand of a fine of thirty lacks, or four instalments, that he might be exempted from £.300,000 and upwards ; that the principles of the all future claims of military service : that the said said demand are violent and despotick, and the Palmer represents it to be his belief, “ that no inducement to acquiescence deceitful and insi person, not known to possess your (the said dious; and that both the demand and the induce “ Hastings's) confidence and support in the dement are derogatory to the honour of this nation. gree, that I am supposed to do, would have ob
tained nearly so good terms ;” but from what X.
motive“ terms so good” were granted, and how
the confidence and support of the said Hastings That Major Palmer aforesaid proceeded under did truly operate on the mind of Fyzoola Khân, these instructions to Rampore, where his journey doth appear to be better explained by another “ to extort a sum of money” was previously known passage in the same letter, where the said Palmer from Alliff Khân, vakeel of Fyzoola Khân at the congratulates himself on the satisfaction which vizier's court; and that, notwithstanding the as he gave to Fyzoolu Khan in the conduct of this surances of the friendly disposition of government negociation, as he spent a month in order to given by the said Hastings, (as is herein related,) the effect " by argument and persuasion, what he Nabob Fyzoola Khân did express the most serious “ could have obtained in an hour by threats and and desponding apprehensions, both by letter and “ compulsions." through his vakeel, to the resident Bristow, who represents them to Major Palmer in the following manner :
“ The Nabob Fyzoola Khân complains of the “ distresses he has this year suffered from the FULL VINDICATION OF FYZOOLA KHÂN “ drought. The whole collections have, with great
BY MAJOR PALMER AND MR. HASTmanagement, amounted to about twelve lacks of
from which sum he has to support his “ troops, his family, and several relations and de
I. “ , - it cleurly appears to be intended to deprive'nin | That in the course of the said negociation for “ of his country, as the high demand you have establishing the rights of the Nabob Fyzoola Khân, “ made of him is inadmissible. Should he have Major Palmer aforesaid did communicate to the “ assented to it, it would be impossible to perform resident Bristow, and through the said resident “ the conditions, and then his reputation would be to the council general of Bengal, the full and “ injured by a breach of agreement. Alliff Khán direct denial of the Nabob Fyzoola Khân to all “ further represents, that it is his master's inten- and every of the charges made or pretended to be “ tion, in case the demand should not be relin- made against him, as follows.
quished by you, first to proceed to Lucknow, * Fyzoola Khân persists in denying the infringe“ where he proposes having an interview with the “ment on his part of any one article in the treaty, “ vizier and resident ; if he should not be able to“ or the neglect of any obligation, which it imposed " obtain his own terms for a future possession of
upon him. “ his jaghire, he will set off for Calcutta in “He does not admit of the improvements re“ order to pray for justice from the honourable “ ported to be made in his jaghire; and even asserts,
“ that the collections this year will fall short of “ tions ;” but at any rate he adds, “it does not “ the original jumma (or estimate) by reason of “ appear, that their number is formidable; or that “ the long drought.
“ he (Fyzoola Khân) could by any means subsist “ He denies having exceeded the limited num “ such numbers as could cause any serious alarm 66 ber of Rohillas in his service;
“ to the vizier ; neither is there any appearance “ And having refused the required aid of “ of their entertaining any views beyond the quiet - cavalry, made by Johnson, to act with General possession of the advantages, which they at " Goddard.
present enjoy.” “ He observes, respecting the charge of evading And that in a subsequent letter, in which the “the vizier's requisition for the cavalry, lately said Palmer thought it prudent “to vindicate “ stationed at Daranagur, to be stationed at Luck himself from any possible insinuation, that he
now, that he is not bound by treaty to maintain meant to sacrifice the vizier's interest,” he, the
a stationary force for the service of the vizier, said Palmer, did positively attest the new claim on “ but to supply an aid of 2,000 or 3,000 troops in Fyzoola Khân for the protection of the vizier's " time of war.
ryots to be wholly without foundation; as the Lastly, he asserts, that so far from encourag- Nabob Fyzoola Khân “had proved to him (Pal“ing the ryots (or peasants) of the vizier to “mer) by producing receipts of various dates, “ settle in his jaghire, it has been his constant “ and for great numbers of these people surren
practice to deliver them up to the aumil of “ dered upon requisition from the vizier's officers.” “ Rohilcund, whenever he could discover them.”
That over and above the aforesaid complete That, in giving his opinions on the aforesaid refutation of the different charges and pretexts, denials of the Nabob Fyzoola Khân, the said under which exactions had been practised, or atPalmer did not controvert any one of the con- tempted to be practised, on the Nabob Fyzoola structions of the treaty advanced by the said | Khân, the said Palmer did further condemn alnabob.
together the principle of calculation assumed in That although the said Palmer, “ from general such exactions (even if they had been founded in
appearances as well as universal report, did not justice) by the following explanation of the nature “ doubt, that the jumma of the jaghire is greatly of the tenure, by which, under the treaty of Lall“ encreased,” yet he the said Palmer did not Dang, the Nabob Fyzoola Khân held his possesintimate, that it was encreased in any degree near
sion as a jaghiredar. the amount reported, as it was drawn out in a “ There are no precedents in the ancient usage regular estimate, transmitted to the said Palmer “ of the country for ascertaining the nuzzerana expressly for the purposes of his negociation ; (customary present) or peshcush (regular fine) which was of course by him produced to the “ of grants of this nature: they were bestowed Nabob Fyzoola Khân, and to which specifically by the prince as rewards or favours ; and the the denial of Fyzoola Khân must be understood accustomary present in return was adapted to to apply.
“ the dignity of the donor rather than to the That the said Palmer did not hint any doubt of “ value of the gift; to which it never, I believe, the deficiency affirmed by Fyzoola Khân in the “ bore any kind of proportion." collections for the current year : and, That if any encrease of jumma did truly exist,
IV. whatever it may have been, the said Palmer did acknowledge it “ to have been solemnly relin That a sum of money (" which of course was to
quished (in a private agreement) by the vi “ be received by the company”) being now ob" zier.”
tained, and the “ interests both of the company That although the said Palmer did suppose the “ and the vizier" being thus much“ better pronumber of Rohillas (employed “in ordinary oc “ moted” by“ establishing the rights” of Fyzoola “cupations) in Rampore alone, to exceed that Khân, than they could have been by “ depriving “ limited by the treaty for his (Fyzoola Khân’s) “ him of his independency ;" when every undue “ service,” yet the said Palmer did by no means influence of secret and criminal purposes was reimply, that the Nabob Fyzoola Khân maintained moved from the mind of the governour-general, in his service a single man more than was allowed Warren Hastings, Esquire, he the said Hastings by treaty; and by a particular and minute account did also concur with his friend and agent, Major of the troops of Fyzoola Khân, transmitted by Palmer, in the vindication of the Nabob Fyzoola the resident Bristow to the said Palmer, the number Khân, and in the most ample manner. was stated but at 5,840, probably including officers, That the said Warren Hastings did now clearly who were not understood to be comprehended in and explicitly understand the clauses of the treaty,
“ that Fyzoola Khân should send two or three That the said Palmer did further admit it “ to “ (and not five) thousand men, or attend in per“ be not clearly expressed in the treaty, whether son, in case it was requisite." “ the restriction included Rohillas of all descrip That the said Warren Hastings did now confess
that the right of the vizier, under the treaty, was
V. at best“ but a precarious and unserviceable right ; “ and that he thought 15 lacks, or £. 150,000 Yet that, notwithstanding this virtual and im“and upwards, an ample equivalent,” (or, ac-plied crimination of his whole conduct toward the cording to the expression of Major Palmer, an Nabob Fyzoola Khân, and after all the aforesaid excellent bargain,) as in truth it was, “ for ex- acts systematically prosecuted in open violation of
punging an article of such a tenour, and so a positive treaty against a prince, who had an he“ loosely worded." And finally, that the said reditary right to more than he actually possessed, Hastings did give the following description of the for whose protection the faith of the company and general character, disposition, and circumstances the nation was repeatedly pledged, and who had of the Nabob Fyzoola Khân.
deserved and obtained the publick thanks of the “ The rumours, which had been spread of his British government, when, in allusion to certain “ hostile designs against the vizier, were totally of the said acts, the court of directors had ex
groundless, and if he had been inclined, he had | pressed to the said Hastings their wishes “ to be “ not the means, to make himself formidable ; on is considered rather as the guardians of the ho“ the contrary, being in the decline of life, and nour and property
of the native powers, than “possessing a very fertile and prosperous jaghire, “ as the instruments of oppression;" he, the “it is more natural to suppose, that Fyzoola said Hastings, in reply to the said directors, his “ Khån wishes to spend the remainder of his days masters, did conclude his official account of the “ in quietness, than that he is preparing to em- final settlement with Fyzoola Khân, with the fol“ bark in active and offensive scenes, which must lowing indecent, because unjust, exultation ; " end in his own destruction."
“ Such are the measures, which we shall ever “ wish to observe towards our allies or dependants
upon our frontiers."
*** As the Letter referred to in the VIIIth and XVIth Articles of Charge is not contained in any of the Appendixes to the Reports of the Select Committee, it has been thought necessary to annex it as an Appendix to these Charges.
A P P E N D I X
TO THE VIIITH AND XVITH CHARGES.
Copy of a LETTER from Warren Hastings, paying other sums into the treasury as deposits on
Esquire, to William Devaynes, Esq. Chairman my own account. of the Court of Directors of the East India I have been kindly apprized, that the informaCompany, dated Cheltenham, 11th of July' tion required as above is yet expected from me. I 1785'; and printed by Order of the House of hope, that the circumstances of my past situation, Commons.
when considered, will plead my excuse for having
thus long withheld it. The fact is, that I was not To William Devaynes, Esquire, Chairman of at the presidency when the Surprise arrived; and the Honourable the Court of Directors.
when I returned to it, my time and attention were
so entirely engrossed to the day of my final deSir,
parture from it by a variety of other more important The honourable court of directors, in their occupations, of which, Sir, I may safely appeal general letter to Bengal, by the Surprise, dated the to your testimony, grounded on the large portion 16th March 1784, were pleased to express their contributed by myself of the volumes, which comdesire, that I should inform them of the periods pose our consultations of that period, that the subwhen each sum of the presents, mentioned in my mission, which my respect would have enjoined me address of the 22d May 1782, was received, what to pay to the command imposed on me, was lost were my motives for withholding the several to my recollection, perhaps from the stronger imreceipts froin the knowledge of the council, or of pression, which the first and distant perusal of it the court of directors, and what were my reasons had left on my mind, that it was rather intended for taking bonds for part of these sums, and for I as a reprehension for something, which had given
offence in my report of the original transaction, employed against Madajee Scindia, under the than as expressive of any want of a further eluci- command of Lieutenant-Colonel Camac, as I dation of it.
particularly apprized the court of directors, in I will now endeavour to reply to the different my letter of the 29th November 1780. The questions, which have been stated to me, in as other two were certainly not intended, when I explicit a manner as I am able. To such informa- received them, to be made publick, though intion as I can give, the honourable court is fully tended for publick service, and actually applied entitled, and where that shall prove defective I will to it. The exigencies of the government were point out the easy means, by which it may
be ren at that time my own, and every pressure upon dered more complete.
it rested with its full weight upon my mind. First, I believe I can affirm with certainty, that Wherever I could find allowable means of rethe several sums mentioned in the account trans- lieving those wants, I eagerly seized them; but mitted with my letter, above mentioned, were neither could it occur to me as necessary to state received at or within a very few days of the dates, on our proceedings every little aid, which I could which are prefixed to them in the account; but as thus procure, nor do I know how I could have this contains only the gross sums, and each of these stated it, without appearing to court favour by was received in different payments, though at no an ostentation, which I disdain, nor without the great distance of time, I cannot therefore assign a chance of exciting the jealousy of my colleagues greater degree of accuracy to the account. Perhaps by the constructive assertion of a separate and the honourable court will judge this sufficient for unparticipated merit, derived from the influence any purpose, to which their enquiry was directed ; of my station, to which they might have laid an but if it should not be so, I will beg leave to equal claim. I should have deemed it particurefer for a more minute information, and for the larly dishonourable to receive for my own use means of making any investigation, which they money tendered by men of a certain class, from may think it proper to direct, respecting the par- whom I had interdicted the receipt of presents ticulars of this transaction, to Mr. Larkins, your to my inferiours, and bound them by oath not accomptant-general, who was privy to every pro- to receive them. I was therefore more than cess of it, and possesses, as I believe, the original ordinarily cautious to avoid the suspicion of it, paper, which contained the only account, that I which would scarcely have failed to light upon ever kept of it. In this each receipt was, as I me, had I suffered the money to be brought recollect, specifically inserted, with the name of directly to my own house, or to that of any person the person by whom it was made; and I shall known to be in trust for me ; for these reasons I write to him to desire, that he will furnish you caused it to be transported immediately to the with the paper itself, if it is still in being, and in treasury. There, you well know, Sir, it could his hands, or with whatever he can distinctly re not be received without being passed to some collect concerning it.
credit, and this could only be done by entering For my motives for withholding the several it as a loan, or as a deposit; the first was the receipts from the knowledge of the council, or least liable to reflection, and therefore I had obof the court of directors, and for taking bonds viously recourse to it. Why the second sum was for part of these sums, and paying others into entered as a deposit, I am utterly ignorant; posthe treasury as deposits on my own account, sibly it was done without any special direction I have generally accounted in my letter to the from me; possibly because it was the simplest honourable the court of directors of the 22d mode of entry, and therefore preferred, as the May 1782 ; namely, that “ I either chose to con transaction itself did not require concealment, “ ceal the first receipts from publick curiosity, having been already avowed. “ by receiving bonds for the amount, or possi Although I am firmly persuaded, that these were
bly acted without any studied design, which my sentiments on the occasion, yet I will not my memory, at that distance of time, could affirm that they were. Though I feel their imverify; and that I did not think it worth my pression as the remains of a series of thoughts re
care to observe the same means with the tained on my memory, I am not certain, that they “ rest.”—It will not be expected, that I should may not have been produced by subsequent rebe able to give a more correct explanation of flection on the principal fact, combining with it my intentions after a lapse of three years, having the probable motives of it. Of this I am certain, declared at the time, that many particulars had that it was my design originally to have concealed escaped my remembrance ; neither shall I attempt the receipt of all the sums, except the second, to add more than the clearer affirmation of the even from the knowledge of the court of direcfacts implied in that report of them, and such tors. They had answered my purpose of publick inferences as necessarily, or with a strong pro- utility, and I had almost totally dismissed them bability, follow them. I have said, that the three from my remembrance. But when fortune threw first sums of the account were paid into the a cum in my way of a magnitude, which could not company's treasury without passing through my be concealed, and the peculiar delicacy of my hands. The second of these was forced into situation at the time, in which I received it, made notice by its destination and application to the me more circumspect of appearances, I chose to expence of a detachment, which was formed and apprize my employers of it, which I did hastily
and generally; hastily, perhaps to prevent the dency, in the middle of the year 1781, in order to vigilance and activity of secret calumny; and guard against their becoming a claim on the comgenerally, because I knew not the exact amount of pany, as part of my estate, in the event of my death the sum, of which I was in the receipt, but not in occurring in the course of the service, on which I the full possession : I promised to acquaint them was then entering. with the result as soon as I should be in possession This, Sir, is the plain history of the transaction. of it, and in the performance of my promise II should be ashamed to request, that you would thought it consistent with it to add to the account communicate it to the honourable court of direcall the former appropriations of the same kind ; tors, whose time is too valuable for the intrusion of my good genius then suggesting to me, with a a subject so uninteresting, but that it is become a spirit of caution, which might have spared me the point of indispensable duty; I must therefore retrouble of this apology, had I universally attended quest the favour of you to lay it, at a convenient to it, that if I had suppressed them, and they were time, before them. In addressing it to you perafterwards known, I might be asked, what were sonally, I yield to my own feelings of the respect, my motives for withholding part of these receipts which is due to them as a body, and to the assurfrom the knowledge of the court of directors, and ances, which I derive from your experienced civiliinforming them of the rest.
you will kindly overlook the trouble imIt being my wish to clear up every doubt upon posed by it. this transaction, which either my own mind could
I have the honour to be, Sir, suggest, or which may have been suggested by
Your very humble and others, I beg leave to suppose another question,
most obedient servant, and to state the terms of it in my reply, by inform
(Signed) WARREN HASTINGS. ing you, that the endorsement on the bonds was Cheltenham, made about the period of my leaving the presi- | 11th July 1785.