That the resident Bristow (to whom the letter containing Major Palmer's instructions is addressed) no where attributes the encrease of Fyzoola Khân's revenues to this protection of the fugitive reiats, subjects of the vizier: that the said Warren Hastings was, therefore, not warranted to make that a pretext of such a peremptory demand; that as an inducement to make Fyzoola Khân agree to the said demand, it is offered to settle his lands upon a tenure, which would secure them to his children; but that settlement is to bring with it a new demand of a fine of thirty lacks, or £.300,000 and upwards; that the principles of the said demand are violent and despotick, and the inducement to acquiescence deceitful and insidious; and that both the demand and the inducement are derogatory to the honour of this nation.

X.

That Major Palmer aforesaid proceeded under these instructions to Rampore, where his journey "to extort a sum of money" was previously known from Alliff Khân, vakeel of Fyzoola Khân at the vizier's court; and that, notwithstanding the assurances of the friendly disposition of government given by the said Hastings, (as is herein related,) the Nabob Fyzoola Khân did express the most serious and desponding apprehensions, both by letter and through his vakeel, to the resident Bristow, who represents them to Major Palmer in the following

manner:

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"The Nabob Fyzoola Khân complains of the "distresses he has this year suffered from the drought. The whole collections have, with great management, amounted to about twelve lacks of rupees, from which sum he has to support his

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troops, his family, and several relations and dependants of the late Rohilla chiefs. He says, "it clearly appears to be intended to deprive him "of his country, as the high demand you have "made of him is inadmissible. Should he have "assented to it, it would be impossible to perform "the conditions, and then his reputation would be injured by a breach of agreement. Alliff Khán further represents, that it is his master's inten“tion, in case the demand should not be relinquished by you, first to proceed to Lucknow, "where he proposes having an interview with the “vizier and resident; if he should not be able to "obtain his own terms for a future possession of "his jaghire, he will set off for Calcutta in "order to pray for justice from the honourable

XI.

That after much negociation the Nabob Fyzoola Khán, "being fully sensible, that an engagement "to furnish military aid, however clearly the con"ditions might be stated, must be a source of perpetual misunderstanding and inconvenien"cies," did at length agree with Major Palmer to give fifteen lacks, or £.150,000 and upwards, by four instalments, that he might be exempted from all future claims of military service: that the said Palmer represents it to be his belief, "that no 'person, not known to possess your (the said "Hastings's) confidence and support in the degree, that I am supposed to do, would have ob"tained nearly so good terms;" but from what motive "terms so good" were granted, and how the confidence and support of the said Hastings did truly operate on the mind of Fyzoola Khân, doth appear to be better explained by another passage in the same letter, where the said Palmer congratulates himself on the satisfaction which

he

gave to Fyzoola Khan in the conduct of this negociation, as he spent a month in order to effect" by argument and persuasion, what he "could have obtained in an hour by threats and "compulsions."

"that the collections this year will fall short of "the original jumma (or estimate) by reason of "the long drought.

"He denies having exceeded the limited num"ber of Rohillas in his service;

"tions;" but at any rate he adds, "it does not "appear, that their number is formidable; or that "he (Fyzoola Khân) could by any means subsist "such numbers as could cause any serious alarm "to the vizier; neither is there any appearance

"He observes, respecting the charge of evading "the vizier's requisition for the cavalry, lately "stationed at Daranagur, to be stationed at Lucknow, that he is not bound by treaty to maintain a stationary force for the service of the vizier, "but to supply an aid of 2,000 or 3,000 troops in "time of war.

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Lastly, he asserts, that so far from encouraging the ryots (or peasants) of the vizier to "settle in his jaghire, it has been his constant practice to deliver them up to the aumil of "Rohilcund, whenever he could discover them."

II.

That, in giving his opinions on the aforesaid denials of the Nabob Fyzoola Khân, the said Palmer did not controvert any one of the constructions of the treaty advanced by the said nabob.

That although the said Palmer, "from general appearances as well as universal report, did not “doubt, that the jumma of the jaghire is greatly "encreased," yet he the said Palmer did not intimate, that it was encreased in any degree near the amount reported, as it was drawn out in a regular estimate, transmitted to the said Palmer expressly for the purposes of his negociation; which was of course by him produced to the Nabob Fyzoola Khân, and to which specifically the denial of Fyzoola Khân must be understood to apply.

That the said Palmer did not hint any doubt of the deficiency affirmed by Fyzoola Khân in the collections for the current year: and,

That if any encrease of jumma did truly exist, whatever it may have been, the said Palmer did acknowledge it" to have been solemnly relinquished (in a private agreement) by the vi"zier."

That although the said Palmer did suppose the number of Rohillas (employed "in ordinary oc"cupations) in Rampore alone, to exceed that "limited by the treaty for his (Fyzoola Khân's) "service," yet the said Palmer did by no means imply, that the Nabob Fyzoola Khân maintained in his service a single man more than was allowed by treaty; and by a particular and minute account of the troops of Fyzoola Khân, transmitted by the resident Bristow to the said Palmer, the number was stated but at 5,840, probably including officers, who were not understood to be comprehended in the treaty.

That the said Palmer did further admit it "to "be not clearly expressed in the treaty, whether "the restriction included Rohillas of all descrip

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And that in a subsequent letter, in which the said Palmer thought it prudent "to vindicate "himself from any possible insinuation, that he "meant to sacrifice the vizier's interest," he, the said Palmer, did positively attest the new claim on Fyzoola Khân for the protection of the vizier's ryots to be wholly without foundation; as the Nabob Fyzoola Khân "had proved to him (Pal"mer) by producing receipts of various dates, "and for great numbers of these people surren"dered upon requisition from the vizier's officers."

III.

That over and above the aforesaid complete refutation of the different charges and pretexts, under which exactions had been practised, or attempted to be practised, on the Nabob Fyzoola Khan, the said Palmer did further condemn altogether the principle of calculation assumed in such exactions (even if they had been founded in justice) by the following explanation of the nature of the tenure, by which, under the treaty of LallDang, the Nabob Fyzoola Khân held his possession as a jaghiredar.

"There are no precedents in the ancient usage "of the country for ascertaining the nuzzerana "(customary present) or peshcush (regular fine) "of grants of this nature: they were bestowed by the prince as rewards or favours; and the

accustomary present in return was adapted to "the dignity of the donor rather than to the "value of the gift; to which it never, I believe, "bore any kind of proportion."

IV.

That a sum of money (" which of course was to "be received by the company") being now obtained, and the "interests both of the company "and the vizier" being thus much "better pro"moted" by " establishing the rights" of Fyzoola Khân, than they could have been by "depriving "him of his independency;" when every undue influence of secret and criminal purposes was removed from the mind of the governour-general, Warren Hastings, Esquire, he the said Hastings did also concur with his friend and agent, Major Palmer, in the vindication of the Nabob Fyzoola Khân, and in the most ample manner.

That the said Warren Hastings did now clearly and explicitly understand the clauses of the treaty, "that Fyzoola Khân should send two or three (and not five) thousand men, or attend in person, in case it was requisite."

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That the said Warren Hastings did now confess

that the right of the vizier, under the treaty, was at best" but a precarious and unserviceable right; "and that he thought 15 lacks, or £. 150,000 "and upwards, an ample equivalent," (or, according to the expression of Major Palmer, an excellent bargain,) as in truth it was, "for expunging an article of such a tenour, and so "loosely worded." And finally, that the said Hastings did give the following description of the general character, disposition, and circumstances of the Nabob Fyzoola Khân.

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"The rumours, which had been spread of his "hostile designs against the vizier, were totally "groundless, and if he had been inclined, he had "not the means, to make himself formidable; on "the contrary, being in the decline of life, and "possessing a very fertile and prosperous jaghire, "it is more natural to suppose, that Fyzoola "Khân wishes to spend the remainder of his days "in quietness, than that he is preparing to em"bark in active and offensive scenes, which must "end in his own destruction."

V.

Yet that, notwithstanding this virtual and implied crimination of his whole conduct toward the Nabob Fyzoola Khân, and after all the aforesaid acts systematically prosecuted in open violation of a positive treaty against a prince, who had an hereditary right to more than he actually possessed, for whose protection the faith of the company and the nation was repeatedly pledged, and who had deserved and obtained the publick thanks of the British government, when, in allusion to certain of the said acts, the court of directors had expressed to the said Hastings their wishes" to be "considered rather as the guardians of the honour and property of the native powers, than

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as the instruments of oppression;" he, the said Hastings, in reply to the said directors, his masters, did conclude his official account of the final settlement with Fyzoola Khân, with the following indecent, because unjust, exultation;

"Such are the measures, which we shall ever "wish to observe towards our allies or dependants upon our frontiers."

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Copy of a LETTER from Warren Hastings, Esquire, to William Devaynes, Esq. Chairman

of the Court of Directors of the East India Company, dated Cheltenham, 11th of July 1785; and printed by Order of the House of Commons.

To William Devaynes, Esquire, Chairman of the Honourable the Court of Directors.

SIR,

THE honourable court of directors, in their general letter to Bengal, by the Surprise, dated the 16th March 1784, were pleased to express their desire, that I should inform them of the periods when each sum of the presents, mentioned in my address of the 22d May 1782, was received, what were my motives for withholding the several receipts from the knowledge of the council, or of the court of directors, and what were my reasons for taking bonds for part of these sums, and for

paying other sums into the treasury as deposits on my own account.

I have been kindly apprized, that the information required as above is yet expected from me. I hope, that the circumstances of my past situation, when considered, will plead my excuse for having thus long withheld it. The fact is, that I was not at the presidency when the Surprise arrived; and when I returned to it, my time and attention were so entirely engrossed to the day of my final departure from it by a variety of other more important occupations, of which, Sir, I may safely appeal to your testimony, grounded on the large portion contributed by myself of the volumes, which compose our consultations of that period, that the submission, which my respect would have enjoined me to pay to the command imposed on me, was lost to my recollection, perhaps from the stronger impression, which the first and distant perusal of it had left on my mind, that it was rather intended as a reprehension for something, which had given

I will now endeavour to reply to the different questions, which have been stated to me, in as explicit a manner as I am able. To such information as I can give, the honourable court is fully entitled, and where that shall prove defective I will point out the easy means, by which it may be rendered more complete.

First, I believe I can affirm with certainty, that the several sums mentioned in the account transmitted with my letter, above mentioned, were received at or within a very few days of the dates, which are prefixed to them in the account; but as this contains only the gross sums, and each of these was received in different payments, though at no great distance of time, I cannot therefore assign a greater degree of accuracy to the account. Perhaps the honourable court will judge this sufficient for any purpose, to which their enquiry was directed; but if it should not be so, I will beg leave to refer for a more minute information, and for the means of making any investigation, which they may think it proper to direct, respecting the particulars of this transaction, to Mr. Larkins, your accomptant-general, who was privy to every process of it, and possesses, as I believe, the original paper, which contained the only account, that I ever kept of it. In this each receipt was, as I recollect, specifically inserted, with the name of the person by whom it was made; and I shall write to him to desire, that he will furnish you with the paper itself, if it is still in being, and in his hands, or with whatever he can distinctly recollect concerning it.

For my motives for withholding the several receipts from the knowledge of the council, or of the court of directors, and for taking bonds for part of these sums, and paying others into the treasury as deposits on my own account, I have generally accounted in my letter to the honourable the court of directors of the 22d May 1782; namely, that "I either chose to con"ceal the first receipts from publick curiosity, by receiving bonds for the amount, or possibly acted without any studied design, which my memory, at that distance of time, could "verify; and that I did not think it worth my care to observe the same means with the "rest."-It will not be expected, that I should be able to give a more correct explanation of my intentions after a lapse of three years, having declared at the time, that many particulars had escaped my remembrance; neither shall I attempt to add more than the clearer affirmation of the facts implied in that report of them, and such inferences as necessarily, or with a strong probability, follow them. I have said, that the three first sums of the account were paid into the company's treasury without passing through my hands. The second of these was forced into notice by its destination and application to the of a detachment, which was formed and

expence

The

command of Lieutenant-Colonel Camac, as I particularly apprized the court of directors, in my letter of the 29th November 1780. other two were certainly not intended, when I received them, to be made publick, though intended for publick service, and actually applied to it. The exigencies of the government were at that time my own, and every pressure upon it rested with its full weight upon my mind. Wherever I could find allowable means of relieving those wants, I eagerly seized them; but neither could it occur to me as necessary to state on our proceedings every little aid, which I could thus procure, nor do I know how I could have stated it, without appearing to court favour by an ostentation, which I disdain, nor without the chance of exciting the jealousy of my colleagues by the constructive assertion of a separate and unparticipated merit, derived from the influence of my station, to which they might have laid an equal claim. I should have deemed it particularly dishonourable to receive for my own use money tendered by men of a certain class, from whom I had interdicted the receipt of presents to my inferiours, and bound them by oath not to receive them. I was therefore more than ordinarily cautious to avoid the suspicion of it, which would scarcely have failed to light upon me, had I suffered the money to be brought directly to my own house, or to that of any person known to be in trust for me; for these reasons I caused it to be transported immediately to the treasury. There, you well know, Sir, it could not be received without being passed to some credit, and this could only be done by entering it as a loan, or as a deposit; the first was the least liable to reflection, and therefore I had obviously recourse to it. Why the second sum was entered as a deposit, I am utterly ignorant; possibly it was done without any special direction from me; possibly because it was the simplest mode of entry, and therefore preferred, as the transaction itself did not require concealment, having been already avowed.

Although I am firmly persuaded, that these were my sentiments on the occasion, yet I will not affirm that they were. Though I feel their impression as the remains of a series of thoughts retained on my memory, I am not certain, that they may not have been produced by subsequent reflection on the principal fact, combining with it the probable motives of it. Of this I am certain, that it was my design originally to have concealed the receipt of all the sums, except the second, even from the knowledge of the court of directors. They had answered my purpose of publick utility, and I had almost totally dismissed them from my remembrance. But when fortune threw a cum in my way of a magnitude, which could not be concealed, and the peculiar delicacy of my situation at the time, in which I received it, made me more circumspect of appearances, I chose to apprize my employers of it, which I did hastily