be more effectual, more decisive, and more consistent with his dignity, indeed with his honour, which he has already pledged, to abide by his first offers to dictate the conditions of peace, and to admit only an acceptance without reservation, or a clear refusal from his adversary;" thereby affecting to hold up, in opposition to, and in exclusion of, the substantial claims of justice, certain ideal obligations of dignity and honour, that is to say, the gratification of pride, and the observance of an arrogant determination once declared.

XII. That although the said answer did not reach the commander-in-chief until peace was actually concluded; and although the dangerous consequences to be apprehended from the said answer were thereby prevented, yet by the sentiments contained in the said answer, Warren Hastings, Esquire, did strongly evince his ultimate adherence to all the former violent and unjust principles of his conduct towards the Nabob Fyzoola Khân, which principles were disgraceful to the character, and injurious to the interests, of this nation; and that the said Warren Hastings did thereby, in a particular manner, exclude himself from any share of credit for "the honourable period put to the Rohilla war, which has in some degree done away the reproach so wantonly brought on the English name."

RIGHTS OF FYZOOLA KHAN UNDER THE TREATY OF LALL-DANG.

I. THAT notwithstanding the culpable and criminal reluctance of the President Hastings, herein before recited, a treaty of peace and friendship between the Vizier Shuja ul Dowla and the Nabob Fyzoola Khân was finally signed and sealed, on the 7th October, 1774, at a place called Lall-Dang, in the presence, and with the attestation of the British commander-in-chief, Col. Alexander Champion aforesaid; and that for the said treaty the Nabob Fyzoola Khân agreed to pay, and did actually pay, the valuable consideration of half his treasure, to the amount of fifteen lacks of rupees, or 150,000l. sterling, and upwards.

II. That by the said treaty the Nabob Fyzoola Khân was established in the quiet possession of Rampore, Shawabad, and some other districts dependent thereon,"

subject to certain conditions, of which the more important were as follow:

"That Fyzoola Khân should retain in his service 5000 troops, and not a single man

more.

"That with whomsoever the vizier should make war, Fyzoola Khân should send two or three thousand men, according to his ability, to join the forces of the vizier :

"And that, if the vizier should march in person, Fyzoola Khân should himself accompany him with his troops."

III. That from the terms of the treaty above recited it doth plainly, positively, and indisputably appear, that the Nabob Fyzoola Khân, in case of war, was not bound to furnish more than three thousand men under any construction, unless the vizier should march in person.

IV. That the nabob Fyzoola Khân was not positively bound to furnish so many as 3000 men, but an indefinite number, not more than three, and not less than two thousand; that, of the precise number within such limitations, the ability of Fyzoola Khân, and not the discretion of the vizier, was to be the standard; and that such ability could only mean that, which was equitably consistent not only with the external defence of his jaghire, but with the internal good management thereof, both as to its police and revenue.

V. That even in case the vizier should march in person, it might be reasonably doubted whether the personal service of the Nabob Fyzoola Khân "with his troops," must be understood to be, with all his troops, or only with the number before stipulated, not more than three, and not less than two thousand men ; and that the latter is the interpretation finally adopted by Warren Hastings aforesaid, and the council of Bengal, who, in a letter to the court of directors, dated April 5th, 1783, represent the clauses of the treaty relative to the stipulated aid as meaning simply, that Fyzoola Khân "should send 2 or 3000 men to join the vizier's forces, or attend in person in case it should be requisite."

VI. That from the aforesaid terms of the treaty it doth not specifically appear of what the stipulated aid should consist, whether of horse or foot, or in what proportion of both; but that it is the recorded opinion, maturely formed by the said Hastings and his council, in January, 1783, that even "a singie horse

by attesting the treaty, or acting as guarantee on the part of the company for the perform ance of it;" both which letters, though they did not arrive until after the actual signature of the said Colonel Champion, do yet incontro vertibly mark the solemn intention of the said committee (of which the said Hastings was president) that the sanction of Colonel Champion's attestion should be regarded as a public, not a private, sanction; and it was more peculiarly incumbent on such persons, who had been members of the said committee, so to regard the same.

IV. That the said Warren Hastings was further guilty of much criminal concealment for the space of "twelve months," inasmuch as he did not lay before the board the frequent and urgent solicitations, which he, the said Hastings, was continually receiving from the Nabob Fyzoola Khân, until the 9th of March, 1778; on which day the said Hastings did communicate to the council a public letter of the aforesaid Middleton, resident at Oude, acquainting the board, that he (the said Middleton) taking occasion from a late application of Fyzoola Khân for the company's guarantee, had deputed Mr. Daniel Octavus Barwell (assistant resident at Benares, but then on a visit the resident Middleton at Lucknow) to proceed with a special commission to Rampore, there to inquire on the spot into the truth of certain reports circulated to the prejudice of Fyzoola Khân, which reports, however, the said Middleton did afterwards confess himself to have "always" thought "in the highest degree, improbable."

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That the said resident Middleton did " quest to know whether, on proof of Fyzoola Khân's innocence, the honourable board would be pleased to grant him (the resident) permission to comply with his (Fyzoola Khân's) request of the company's guarantying his treaty with the vizier." And the said Middleton, in excuse for having irregularly "availed himself of the abilities of Mr. Daniel Barwell," who belonged to another station, and for deputing him with the aforesaid commission to Rampore, without the previous knowledge of the board, did urge the plea" of immediate necessity ;" and that such plea, if the necessity really existed, was a strong charge and accusation against the said Warren Hastings, from whose criminal neglect and concealment the urgency of such necessity did arise.

V. That the governour-general, Warren Hastings aforesaid, did immediately move "that the board approve the deputation of Mr. Daniel Barwell, and that the resident (Middleton) be authorized to offer the company's guarantee for the observance of the treaty subsisting between the vizier and Fyzoola Khân, provided it meets with the vizier's concurrence;" and that the governour-general's proposition was resolved in the affirmative; the usual majority of council then consisting of Richard Barwell, Esquire, a near relation of Daniel Octavus Barwell, aforesaid, and the governour-general Warren Hastings, who, in case of an equality, had the casting voice.

VI. That on receiving from Mr. Daniel Barwell full and early assurance of Fyzoola Khân's "having preserved every article of his treaty inviolate," the resident Middleton applied for the vizier's concurrence, which was readily obtained; the vizier however premis ing that he gave his consent, "taking it for granted, that on Fyzoola Khân's receiving the treaty, and khelaut (or robe of honour) he was to make him a return of the complimentary presents usually offered on such occasions and of such an amount as should be a manifestation of Fyzoola Khan's due sense of his friendship, and suitable to his excellency's rank to receive;" and that the resident Middleton "did make himself in some measure responsible for the said presents being obtained," and did write to Mr. Daniel Barwell accordingly.

VII. That agreeably to the resolution of council herein before recited, the solicited guarantee, under the seal of the resident Middleton, thus duly authorized on behalf of the company, was transmitted, together with the renewed treaty, to Mr. Daniel Barwell aforesaid at Rampore; and that they were both by him, the said Barwell, presented to the Nabob Fyzoola Khân, with a solemnity not often paralleled, " in the presence of the greatest part of the nabob's subjects, who were assembled, that the ceremony might create a full belief in the breasts of all his people, that the company would protect him as long as he strictly adhered to the letter of his treaty."

VIII. That in the conclusion of the said ceremony the Nabob Fyzoola Khân did deliver to the said Barwell, for the use of the

vizier, a nuzzer (or present) of elephants, horses, &c. and did add thereto a lack of rupees, or 10,000l. and upwards; which sum the said Barwell, "not being authorized to accept any pecuniary consideration, did at first refuse;" but upon Fyzoola Khân's urging, that on such occasions it was the invariable custom of Hindostan, and that it must on the present be expected, as it had been formerly the case" (but when, does not appear :) he, the said Barwell, did accept the "said lack in the name of the vizier," our ally, "in whose wealth (as Warren Hastings on another occasion observed) we should participate," and on whom we at that time had an accumulating demand.

IX. That over and above the lack of rupees thus presented to the vizier, the Nabob Fyzoola Khân did likewise offer one other lack of rupees, or upwards of 10,000l. more, for the company, "as some acknowledgment of the obligation he received that although such acknowledgment was not pretended to be the invariable custom of Hindostan on such occasions, however it might on the present be expected," Mr. Daniel Barwell aforesaid (knowing probably the disposition and views of the then actual government at Calcutta) did not even at first, decline the said offer, but, as he was not empowered to accept it, did immediately propose taking a bond for the amount, until the pleasure of the board should be known.

That the offer was accordingly communicated by the said Barwell to the resident Middleton, to be by him, the resident, referred to the board; and that it was so referred; that in reply to the said reference of the resident Middleton, the governour-general (Warren Hastings) did move and carry a vote of council, "authorizing Mr. Middleton to accept the offer made by Fyzoola Khân to the company of one lack of rupees," without assigning any reason whatever in support of the said motion, notwithstanding it was objected by a member of the board, "that, if the measure was right, it became us to adopt it without such a consideration;" and that "our accepting of the lack of rupees as a recompense for our interposition is beneath the dignity of this government (of Calcutta) and will discredit us in the eyes of the Indian powers."

That the acceptance of the said sum, in this circumstance, was beneath the dignity of the said government, and did tend so to discredit us; and that the motion of the

said Hastings for such acceptance was therefore highly derogatory to the honour of this nation.

X.-That the aforesaid member of the council did further disapprove altogether of the guarantee, "as unnecessary;" and that another member of council, Richard Barwell, Esquire, the near relation of Daniel Octavus Barwell, herein before named, did declare (but after the said guarantee had taken place) that "this government (of Calcutta) was in fact engaged, by Colonel Champion's signature being to the treaty with Fyzoola Khân," that the said unnecessary guarantee did not only subject to a heavy expense a prince, whom we were bound to protect, but did further produce in his mind the following obvious aud natural conclusions; namely, "that the signature of any person, in whatever public capacity he at present appears, will not be valid and of effect, as soon as some other shall fill his station" a conclusion, however, immediately tending to the total discredit of all powers delegated from the board to any individual servant of the company, and consequently to clog, perplex, and embarrass in future all transactions carried on at a distance from the seat of government, and to disturb the security of all persons possessing instruments already so ratified; yet the only conclusion left to Fyzoola Khân, which did not involve some affront either to the private honour of the company's servants, or to the public honour of the company itself; and that the suspicions, which originated from the said idea in the breast of Fyzoola Khân, to the prejudice of the resident Middleton's authority, did compel the governour-general, Warren Hastings, to obviate the bad effects of his first motion for the guarantee by a second motion; namely, "that a letter be written to Fyzoola Khân from myself, confirming the obligations of the company, as guarantees to the treaty formed between him and the vizier; which will be equivalent in its effect, though not in form, to an engagement sent him with the company's seal affixed to it."

XII. That whether the guarantee aforesaid was or was not necessary; whether it created a new obligation, or but more fully recognized an obligation previously existing; the governour-general, Warren Hastings, by the said guarantee, did, in the most explicit manner, pledge and commit the public faith of the company, and the nation; and that by the subsequent letter of the said Hastings

(which he at his own motion wrote, confirming to Fyzoola Khân the aforesaid guarantee) the said Hastings did again pledge and commit the public faith of the company and the nation, in a manner (as the said Hastings himself remarked)" equivalent to an engagement with the company's seal affixed to it;" and more particularly binding the said Hastings personally to exact a due observance of the guarantied treaty, especially to protect the Nabob Fyzoola Khân against any arbitrary construction, or unwarranted requisition of the vizier.

THANKS OF THE BOARD TO FYZOOLA

KHAN.

THAT Soon after the completion of the guarantee, in the same year, 1778, intelligence was received in India of a war between England and France: that on the first intimation thereof the Nabob Fyzoola Khân, "being indirectly sounded," did show much "prompt ness to render the company any assistance within the bounds of his finances and ability;" and that by the suggestion of the resident Middleton, herein before named, he (the Nabob Fyzoola Khân) in a letter to the governourgeneral and council, did make a voluntary "offer to maintain 2000 cavalry (all he had) for our service;" "though he was under no obligation to furnish the company a single

man.'

II. That the Nabob Fyzoola Khân did even "anticipate the wishes of the board;" and that" on an application made to him by Lieutenant Colonel Muir," the nabob Fyzoola Khân did, "without hesitation or delay," furnish him (the said Muir) with 500 of his best cavalry.

DEMAND OF FIVE THOUSAND HORSE.

THOUSAND

I. THAT notwithstanding his own private honour thus deeply engaged, notwithstanding the public justice and generosity of the company and the nation thus solemnly committed, disregarding the plain import and positive terms of the guarantied treaty, the governourgeneral, Warren Hastings aforesaid in November, 1780, (while a body of Fyzoola Khan's cavalry, voluntarily granted, were still serving under a British officer) did recommend to the vizier "to require from Fyzoola Khân the quota of troops stipulated by treaty to be furnished by the latter for his (the vizier's) service, being FIVE HORSE," though, as the vizier did not march in person, he was not, under any construction of the treaty, entitled by stipulation to more than "two or three thousand troops," horse and foot, "according to the ability of Fyzoola Khân;" and that, whereas the said Warren Hastings would have been guilty of very criminal perfidy, if he had simply neglected to interfere as a guarantee against a demand thus plainly contrary to the faith of the treaty, so he aggravated the guilt of his perfidy, in the most atrocious degree, by being himself the first mover and instigator of that injustice, which he was bound by so many ties on himself, the company, and the nation, not only not to promote, but by every exertion of authority, influence, and power, to control, to divert, or to resist.

II. That the answer of Fyzoola Khân to the vizier did represent, with many expressions of deference, duty, and allegiance, that

The whole force allowed him was but "five thousand men," and that "these consisted of two thousand horse, and three thousand foot; which (he adds) in consequence of our intimate connexion are equally yours and the company's ;" though he does subsequently in