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That, in a solemn treaty of peace, concluded | times consider the surrender above mentioned as the 16th of August 1765 between the East India extorted from the king, and unquestionably an company and the late nabob of Oude, Shuja ul act of violence, which could not alienate or imDowla, and highly approved of, confirmed, and pair his right to those provinces; and that when ratified by the said company, it is agreed, “ that they took possession thereof, it was at the request " the king Shaw Allum shall remain in full pos- of the king's naib, or viceroy, who put them under “session of Corah, and such part of the province the council's protection ; that on this footing they “ of Iliabad as he now possesses, which are were accepted by the said Warren Hastings and “ ceded to his majesty as a royal demesne for the his council, and for some time considered by them “ support of his dignity and expences.”—That, in as a deposit committed to their care by a prince, a separate agreement, concluded at the same time to whom the possession thereof was particularly between the king Shaw Allum and the then sub-guarantied by the East India company. In their udar of Bengal, under the immediate security and letter of the 1st of March 1773, they (the said guarantee of the English company, the faith of Warren Hastings and his council) say, “ In no the company was pledged to the said king for the shape can this compulsatory cession by the king annual payment of twenty-six lacks of rupees for “ release us from the obligation we are under to his support out of the revenues of Bengal ; and “defend the provinces, which we have so particuthat the said company did then receive from the larly guarantied to him.” But it appears, that said king a grant of the dewanny of the provinces they soon adopted other ideas, and assumed other of Bengal, Bahar, and Orissa, on the express con- principles concerning this object. In the instrucdition of their being security for the annual pay- tions, dated the 23d of June 1773, which the ment above mentioned ;— that the East India com- council of Fort William gave to the said Warren pany have held, and continue to hold the dewanny Hastings, previous to his interview with the nabob so granted, and for some years have complied Shuja ul Dowla at Benares, they say, that “while with the conditions on which they accepted of the “the king continued at Delhi, whither he progrant thereof; and have at all times acknow- “ceeded in opposition to their most strenuous reledged, that they held the dewanny in virtue of “monstrances, they should certainly consider the the Moguls grants.—That the said court of direct- engagements between him and the company as ors, in their letter of the 30th June 1769 to Ben- “ dissolved by his alienation from them and their gal, declared, “ that they esteemed themselves “ interest; that the possession of so remote a « bound by treaty to protect the king's person, country could never be expected to yield any “and to secure him the possession of the Corah profit to the company, and the defence of it “ and Mahabad districts; and, supposing an must require a perpetual aid of their forces;" agreement should be made respecting these pro- yet in the same instructions they declare their opivinces between the king and Shuja ul Dowla, the nion, that, “ if the king should make overtures to directors then said, “ that they should be subject renew his former connexion, his right to reclaim “to no further claim or requisition from the king, the districts of Corah and Iliabad could not “excepting for the stipulated tribute for Bengal, with propriety be disputed ;and they authorize “ which they (the governour and council) were to the said Warren Hastings to restore them to him

pay to his agent, or remit to him in such man- on condition, that he should renounce his claim ner as he might direct."

to the annual tribute of twenty-six lacks of ruThat in the year 1772 the king Shaw Allum, pees, herein before mentioned, and to the arrears who had hitherto resided at Allahabad, trusting to which might be due ;—thereby acknowledging engagements which he had entered into with the the justice of a claim, which they determined not Mahrattas, quitted that place and removed to to comply with but in return for the surrender of Delhi ; but, having soon quarrelled with those another equally valid ;—that, nevertheless, in the people, and afterwards being taken prisoner, had treaty concluded by the said Warren Hastings been treated by them with very great disrespect with Shuja ul Dowla on the 7th of September and cruelty :—that among other instances of their 1773, it is asserted, that his majesty (meaning the abuse, and of their immediate power over him, the king Shaw Allum) “ having abandoned the disgovernour and council of Bengal, in their letter of “ tricts of Corab and Illiabad, and given a sunnud the 16th of August 1773, inform the court of di- “ for Corah and Currah to the Mahrattas, had rectors, that he had been compelled, while a pri- “ thereby forfeited his right to the said districts," soner in their hands, to grant sunnuds for the although it was well known to the said Warren surrender of Corah and Illiabad to them; and it Hastings, and had been so stated by him to the appears from sundry other minutes of their own, court of directors, that this surrender on the part that the said governour and council did at all of the king had been extorted from him by vio

lence, while he was a prisoner in the hands of the of rupees, stipulated with the said Suja Dowla, Mahrattas, and although it was equally well known was inadequate to the value of the country, the to the said Warren Hastings, that there was no- annual revenues of which were stated at twentything in the original treaty of 1765, which could five lacks of rupees, which General Sir Robert restrain the king from changing the place of his Barker, then commander in chief of the comresidence, consequently that his removal to Delhi pany's forces, affirms was certain, and too genecould not occasion a forfeiture of his right to the rally known to admit of a doubt. provinces secured to him by that treaty.

That the king Shaw Allum received for some That the said Warren Hastings in the report, years the annual tribute of twenty-six lacks of which he made of his interview and negociations rupees above mentioned, and was entitled to conwith Shujah ul Dowla, dated the 4th of October tinue to receive it by virtue of an engagement de1773, declared, “ that the administration would liberately, and for an adequate consideration, “ have been culpable in the highest degree in entered into with him by the company's servants,

retaining possession of Corah and Illiabad for and approved of and 'ratified by the company any

other purpose than that of making an ad-themselves ;—that this engagement was absolute vantage by the disposal of them," and therefore and unconditional, and did neither express, nor he had ceded them to the vizier for fifty lacks of suppose, any case, in which the said king should rupees, a measure, for which he had no authority forfeit, or the company should have a right to rewhatever from the king Shaw Allum, and in the sume, the tribute ;-that, nevertheless, the said execution of which no reserve whatever was made Warren Hastings and his council, immediately in favour of the rights of that prince, nor any care after selling the king's country to Suja Dowla, taken of his interests.

resolved to withhold, and actually withheld, the That the sale of these provinces to Suja Dowla payment of the said tribute, of which the king Shaw involved the East India company in a triple breach Alsum has never since received any part;—that of justice, since by the same act they violated a this resolution of the council is not justified even treaty, they sold the property of another, and they by themselves on principles of right and justice, alienated a deposit committed to their friendship but by arguments of policy and convenience, by and good faith, and as such accepted by them; - which the best founded claims of right and justice that a measure of this nature is not to be defended may at all times be set aside and defeated. “They on motives of policy and convenience, supposing“ judged it highly impolitick and unsafe to answer such motives to have existed, without a total loss of “ the draughts of the king until they were satisfied publick honour, and shaking all security in the “ of his amicable intentions, and those of his new faith of treaties; but that in reality the pretences “ allies.” But neither had they any reason to urged by the said Warren Hastings for selling the question the king's amicable intentions, nor was king's country to Suja Dowla were false and in- he pledged to answer for those of the Mahrattas ; valid.—It could not strengthen our alliance with his trusting to the good faith of that people, and Sujah ul Dowla ; since, paying a price for a pur- relying on their assistance to reinstate him in the chase, he received no favour, and incurred no possession of his capital, might have been impruobligation. It did not free the company from all dent and impolitick; but these measures, however the dangers attending either a remote property or ruinous to himself, indicated no enmity to the a remote connexion; since, the moment the coun- English, nor were they productive of any

effects try in question became part of Suja Dowla's do- injurious to the English interests. And it is plain, minions, it was included in the company's former that the said Warren Hastings and his council guarantee of those dominions, and in case of in- were perfectly aware, that their motives or prevasion the company were obliged to send part of tences for withholding the tribute were too weak their army to defend it at the requisition of the to justify their conduct, having principally insisted said Suja Dowla; and if the remote situation of on the reduced state of their treasury, which, as those provinces made the defence of them difficult they said, rendered it impracticable to comply and dangerous, much more was it a difficult and with those payments. The right of a creditor dangerous enterprise to engage the company's does not depend on the circumstances of the force in an attack and invasion of the Rohillas, debtor ; on the contrary, the plea of inability inwhose country lay at a much greater distance cludes a virtual acknowledgment of the debt, since, from the company's frontier; which, nevertheless, if the creditor's right were denied, the plea would the said Warren Hastings agreed to, and under- be superfluous. took at the very time, when under pretence of the That the East India company, having on their difficulty of defending Corah and Iliabad he sold part violated the engagements, and renounced the those provinces to Suja Dowla. It did not reconditions, on which they received, and have lieve the company from the expence of defending hitherto held and enjoyed, the dewanny of Bengal, the country, since the revenues thereof far exceed- Bahar, and Orissa, from the king Shaw Allum, ed the subsidy to be paid by Suja Dowla, and have thereby forfeited all right and title to the said these revenues justly belonged to the company as dewanny arising from the said grant, and that it long as the country continued under their protec- is free and open to the said king to resume such tion, and would have answered the expence of grant; and to transfer it to any other prince or defending it. Finally, that the sum of fifty lacks state ;--that, notwithstanding any distress, or

weakness, to which he may be actually reduced, or grants of the Mogul, if they were in the hands his lawful authority, as sovereign of the Mogul of another nation, would avail them any thing; and empire, is still acknowledged in India, and that when he declared, “ that the sword, which gave us his grant of the dewanny would sufficiently au “ the dominion of Bengal, must be the instrument thorize, and materially assist, any prince or state, “ of its preservation; and that if it should ever that might attempt to dispossess the East India cease to be ours, the next proprietor would decompany thereof, since it would convey a right, “rive his right and possession from the same which could not be disputed, and to which natural charter.” That the said Warren Hastnothing but force could be opposed. Nor can ings, to answer any immediate purpose, adopts any these opinions be more strongly expressed than principle of policy, however false or dangerous, they have been lately by the said Warren Hast- without any regard to former declarations made, ings himself, who, in a minute, recorded the or to principles avowed on other occasions by him1st of December 1784, has declared, that, “ fallen self; and particularly, that in his conduct to Shaw " as the house of Timur is, it is yet the relick of Allum he first maintained, that the grants of that “ the most illustrious line of the Eastern world ;-- prince were of no avail; that we held the dominion “ that its sovereignty is universally acknowledged, of Bengal by the sword, which he has falsely de

though the substance of it no longer exists; and clared the source of right, and the natural charter “ that the company itself derives its constitutional of dominion; whereas at a later period he has “ dominion from its ostensible bounty.”

declared, that the sovereignty of the family of Shaw That the said Warren Hastings by this decla- Allum is universally acknowledged ; and that the ration has renounced and condemned the principle, company itself derives its constitutional dominion on which he avowedly acted towards the Mogul in from their ostensible bounty. the year 1773, when he denied, that the sunnuds


whatever it might suffer, did in a peculiar manner PART I.

require, that the governour-general and council of

Calcutta should conduct themselves with regard to Rights and Titles of the Rajah of Benares. its rulers and inhabitants, when it became depend

ent on the company, on the most distinguished I.

principles of good faith, equity, moderation, and

mildness. That the territory of Benares is a fruitful, and has been, not long since, an orderly, well-cultivat

II. ed, and improved province; of great extent; and its capital city, as Warren Hastings, Esquire, has That the rajah Bulwant Sing, late prince or informed the court of directors, in his letter of the zemindar of the province aforesaid, was a great 21st of November 1781,“ is highly revered by the lord of the Mogul empire, dependent on the same, “ natives of the Hindu persuasion; so that many, through the vizier of the empire, the late Sujah ul “ who have acquired independent fortunes, retire Dowla, nabob of Oude; and the said Bulwant “ to close their days in a place so eminently dis- Sing, in the commencement of the English power, “ tinguished for its sanctity:” and he further ac did attach himself to the cause of the English comquaints the directors, “ that it may rather be con pany; and the court of directors of the said

sidered as the seat of the Hindú religion, than company did acknowledge, in their letter of the “ as the capital of a province. But as its in- 26th of May 1768, that “ Bulwant Sing's joining “ habitants are not composed of Hindús only, us at the time he did was of signal service, and “ the former wealth, which flowed into it from the “ the stipulation in his favour was what he was

offerings of pilgrims, as well as from the trans justly entitled to;"—and they did commend “ actions of exchange, for which its central situa “ the care, that had been taken (by the then pre“ tion is adapted, has attracted numbers of Ma sidency) of those, that had shewn their attach

homedans, who still continue to reside in it with “ment to them (the company) during the war;" “their families.” And these circumstances of the and they did finally express their hope and expeccity of Benares, which not only attracted the at- tation in the words following:“ the moderation and tention of all the different descriptions of men, who " attention paid to those, who have espoused our inhabit Indostan, but interested them warmly in “ interests in this war, will restore our reputation


" that no en

“ in Hindostan, and that the Indian powers will | by the grants through Captain Harper, but that “ be convinced, NO breach of treaty will ever the preceding treaty of Iliabad, though literally have our sanction.

expressing no more than a security personal to

Bulwant Sing, did, notwithstanding, in the true III.

sense and import thereof, extend to his posterity;

" and that it had been differently understood (that That the rajah Bulwant Sing died on the 23d “ is, not literally) by, the company, and by this of August 1770, and his son, Cheit Sing, succeed- “ administration; and the vizier had before put ing to his rights and pretensions, the presidency of it out of all dispute by the solemn act passed in Calcutta (John Cartier, Esquire, being then pre- " the rajah's favour on the succession to the sident) did instruct Captain Gabriel Harper to " zemindary." procure a confirmation of the succession to his son Cheit Sing, “ as it was of the utmost political im

V. “port to the company's affairs; and that the

young man ought not to consider the price to be That the council, in their instructions to the

paid to satisfy the vizier's jealousy and avarice." said Governour Hastings, did empower him “ to And they did further declare as follows : “ the renew in behalf of the rajah Cheit Sing, the

strong and inviolable attachment, which sub- " stipulation, which was formerly made with the “ sisted betwixt the company and the father, “ vizier in consideration of his services in 1764;" “ makes us most readily interpose our good offices and the government was accordingly settled on the “ for the son.” And the young rajah aforesaid rajah and his posterity, or to his heirs, on the having agreed, under the mediation of Captain same footing, on which it was granted to his said Harper, to pay near two hundred thousand pounds father, excepting the addition aforesaid to the as a gift to the said vizier, and to encrease his tri- tribute ; with an express provision, bute by near thirty thousand pounds annually, a crease shall ever hereafter be deinanded.” And deed of confirmation was passed by the said vizier the grant and stipulation aforesaid was further to the said rajah, and his heirs, by which he be-confirmed by the said Sujah ul Dowla, under the came a purchaser, for valuable considerations, of his company's guarantee, by the most solemn and right and inheritance in the zemindary aforesaid. awful form of oath known in the Mahomedan reIn consequence of this grant, so by him purchased, ligion, inserted in the body of the deed or grant; the rajah was solemnly invested with the govern- and the said Warren Hastings, strongly impressed ment in the city of Benares, “ amidst the acclama- with the opinion of the propriety of protecting the “tions of a numerous people, and to the great rajah, and of the injustice, malice, and avarice of “ satisfaction of all parties.' And the said Har- the said Sujah Dowla, and the known family per, in his letter of the 8th October 1770, giving enmity subsisting between him and the rajah, did an account of the investiture aforesaid, did declare, in his report to the council, as follows: press himself in these words, “ I will leave the “ I am well convinced, that the rajah's inherit

young rajal, and others, to acquaint you how I ance, and perhaps his life, are no longer safe “ have conducted myself; only thus much let me “ than while he enjoys the company's protection,

say, that I have kept a strict eye not to diminish “ which is his due by the ties of justice, and the our national honour, disinterestedness, and jus- obligations of publick faith.”

tice, which I will conclude has had a greater “ effect in securing to the company their vast

VI. possessions, than even the force of arms, how

ever formidable, could do.” The president of That some time after the new confirmation Calcutta testified his approbation of the said Har- aforesaid, that is to say, in the year 1774, the goper's conduct in the strongest terms, that is, in vernour-general, and council, which had been the following ; “ Your disinterestedness has been formed, and the members thereof appointed, by “ equally distinguishable as your abilities, and act of parliament, did obtain the assignment of “ both do you the greatest honour.”

the sovereignty paramount of the said government by treaty with the nabob of Oude; by which, although the supreme dominion was changed, the

terms and the conditions of the tenure of the rajah That the agreement between the rajah and na- of Benares remained ; as the said nabob of Oude bob aforesaid continued on both sides without any could transfer to the East India company no other violation, under the sanction and guarantee of or greater estate than he himself possessed in or the East India company, for three years; when over the said zemindary. But to obviate any misWarren Hastings, Esquire, being then president, construction on the subject, the said Warren Hastdid propose a further confirmation of the said grant; ings did propose to the board, that, whatever and did, on the 12th of October 1773, obtain a provision might in the said treaty be made for delegation for himself to be the person to negociate the interest of the company, the same should be the same, it being his opinion, as expressed in his “ without an encroachment on the just rights of report of October 4th 1773, that the rajah was “the rajah, or the engagements actually subnot only entitled to the inheritance of his zemindary sisting with him."


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was by the other members of the council assented to without debate.


That the said Warren Hastings then having, or

IX. pretending to have, an extraordinary care of the interest of the rajah of Benares, did, on his trans On transferring the rajah's tribute from the fer of the sovereignty, propose a new grant to be nabob to the company, the stipulation with the conveyed in new instruments to the said rajah, nabob was renewed on the proposition of the said conferring upon bim further privileges, namely, the Warren Hastings himself, and expressed in a yet addition of the sovereign rights of the mint, and of more distinct manner; namely, is that no more the right of criminal justice of life and death. And “ demands shall be made upon him by the hohe the said Warren Hastings, as governour-ge “ nourable company of any kind :” and the said neral, did himself propose the resolution for that Warren Hastings, in justification of his proposal purpose in council, in the following words, with of giving the rajah“ a complete and uncontrouled remarks explanatory of the principles, upon which“ authority over his zemindary,” did enter on the the grants aforesaid were made: namely, council book the following reasons for investing Minute.

him with the same; strongly indicating the situa

tion, in which he must be left under any other VIII.

circumstances, whether under the nabob of Oude,

or under the English, or under the double influence “That the perpetual and independent possession of both : “ that the security of his person and “ of the zemindary of Benares, and its dependen-“ possessions from the company's protection may “cies, be confirmed and guarantied to the rajah“ be rated equal to many lacks of rupees, which “ Cheit Sing, and his heirs for ever, subject only though saved to him are no loss to the governto the annual payment of the revenues hitherto ment, on which he depends, being all articles of paid to the late vizier, amounting to Benares invisible expence ; in fees to the ministers and “ sicca rupees, 23,71,656,12, to be disposed of “ officers of the nabob; in the charges of a double “as is expressed in the following article: that no “ establishment of vackeels to both governments ; other demand be made on him either by the “ in presents and charges of accommodation to the nabob of Oude, or this government; nor any “ nabob, during his residence at any place within kind of authority or jurisdiction be exercised “ the boundaries of his zeinindary; in the frauds, by either within the districts assigned to him." embezzlements, and oppressions exercised in To which minute he, the said Warren Hastings, the mint and Cutwally; besides the allowed did subjoin the following observation in writing, “profits of those officers, and the advantages, and recorded therewith in the council-books, that “ which every man in occasional power, or in the is to say: The rajah of Benares, from the credit of it, might make of the rajah's known situation of his country, which is a frontier to weakness, and the dread he stood in both of the the provinces of Oude and Bahar, may be displeasure of the nabob, and the ill-will of made a serviceable ally to the company,

when individuals among the English, who were all ever their affairs shall require it. He has considered, either in their present stations or always been considered in this light both by the connexions, or the right of succession, as mem

company and the successive members of the late bers of the state of Bengal. It would be scarce council; but, to ensure his attachment to the “ possible to enumerate all the inconveniences, to

company, his interest must be connected with “ which the rajah was liable in his former situait, which cannot be better effected than by tion, or to estimate the precise effect, which they

freeing him totally from the REMAINS of produced on his revenue, and on the gross his present vassallage under the guarantee“ amount of his expence; but it may be easily and protection of the company; and at the conceived, that both were enormous, and of a " same time guarding him against any apprehen- “ nature the most likely to lessen the profits of sions from this government by thus pledging “ government instead of adding to them.” And its faith, that no encroachment shall ever be in justification of his proposal of giving the rajah " made on his rights by the company.And the symbols of sovereignty in the power of life and the said Warren Hastings, on the 5th of July 1775, death, and in the coining of money, as pledges of did himself propose, among other articles of the his independence, he states the deplorable situation treaty relative to this object, one of the following of princes reduced to dependence on the vizier, or tenour; “ that whilst the rajah shall continue the company, and obliged to entertain an English “ faithful to these engagements, and punctual in resident at their court, in the following words. “ It “ his payments, and shall pay due obedience to “ is proposed to receive the payment of his (the “ the authority of this government, no more de rajah’s) rents at Patna, because that is the mands shall be made upon him by the honour nearest provincial station, and because it would “ able company of ANY KIND; or, on any pre “ not frustrate the intention of rendering the “ tence whatsoever, shall any person be allowed rajah independent.

“ If a resident was appoint“ to interfere with his authority, or to disturb the “ed to receive the money, as it became due, at

peace of his country.” And the said article | " Benares, such a resident would unavoidably ac

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