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distance the firing at Gawilghur, and pushed on with all possible speed; but the fort had fallen before he came. And this was the end of the war. Two days after the Boonsla acceded to terms similar to those granted to the Peishwa. "Malcolm's arrival in camp," his biographer informs us, "was like a sudden 'burst of sun-shine." And we can well believe it. All work and no play was making dull boys of General Wellesley and those about him. But the Man Malcolm lessened the work by sharing it, and the Boy Malcolm greatly augmented the play.

The Boonsla had now joined the league, but Scindia had not yet. He now, however, began to treat, and after more than even the usual oriental amount of wriggling, evasion, and falsehood, a treaty was, at last, on the 30th of December, concluded on terms proposed by Malcolm, to whose judgment General Wellesley had on some points sacrificed his own. This treaty was concluded by Scindia's agents, and there was no doubt of its being ratified by himself. It was agreed between Malcolm and General Wellesley that as soon as the ratification was completed, Malcolm should proceed to Scindia's camp, in order to "conclude a supplementary treaty for the establishment of a subsidiary 'force in the Maharajah's dominions." To the camp he accordingly resorted, and a very difficult piece of work he had to perform. He was sick, and Scindia was sick or when he was well, he would not attend to business. Add to this that there were two parties among his advisers, who always, as a matter of course, pulled in opposite directions, and agreed in nothing but in opposing each other. Take an instance of the way in which native diplomacy was conducted in those days, and would be conducted now, if there were any native powers with whom to diplomatize. Malcolm had given to the ministers of Scindia a draft of a treaty, containing only such articles as he had understood to have been already agreed on in conference. When it was returned to him, he found that "almost all the expressions, ' and some of the most essential principles," had been altered, and that the following article had been added to it :-" That the English Government agreed, out of respect for the firman of the king,-out of regard for the tribe of the Peishwa,-out of friendship for the Maharajah,-and with a view to increase its own reputation with the natives of the country, to allow 'no cows to be killed in Hindostan!" With thus making and rejecting proposals, shifting, winding and wriggling, about two months passed over, and it was not till the last day of February that the negotiations were brought to a close. Malcolm had the gratification of receiving from the Governor-General privately, and from the Governor-General-in-Council publicly, the most cordial assurances of entire satisfaction with his services, and

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approbation of the treaty which he had concluded. This was an immense relief to his mind; for he had received assurances that Lord Wellesley was not disposed to be easily satisfied. Even after the treaty was concluded, but before it reached Calcutta, his Lordship had written to Malcolm, threatening that if the treaty contained certain articles which he supposed it to contain, but which fortunately it did not contain, he would have recourse to the extreme measure of disowning the act of his own agent, and refusing to sanction Malcolm's proceedings.

arose.

This supplementary treaty being concluded, it now fell to Malcolm's lot to arrange some important details, in order to the carrying into effect of the original treaty, concluded by General Wellesley. In the interpretation of that treaty a great difficulty It had reference to various points of lesser moment, but mainly to the possession of Gwalior. If we understand aright the nature of the dispute, and we have earnestly endeavoured to do so-it arose in this wise. By the treaty it was agreed that "such countries formerly in the possession of the Maharajah, 'situated between Jyepore and Joudpore, and to the southward of the former, are to belong to the Maharajah." By another article it was stipulated, "that whereas certain treaties have been made by the British Government with Rajahs and others, heretofore feudatories of the Maharajah, these treaties are to be confirmed; and the Maharajah hereby renounces all claims upon the persons with whom such treaties have been made, ' and declares them to be independent of his Government and authority, provided that none of the territories, belonging to the Maharajah, situated to the southward of those of the Rajahs of Jyepore and Joudpore and the Rana of Gohud, have been 'granted away by these treaties." This article referred to the treaties which had been made with the feudatory chiefs by General Lake, and of which General Wellesley did not know the contents when he concluded the main treaty with Scindia. The questions for consideration then were these two: To whom did Gwalior belong before the war? If to the Maharajah, Was there any thing in General Lake's engagements with the feudatory chiefs, which prevented our giving it back to him? Now the facts of the case were these: On the breaking up of the Mogul empire, Gwalior had fallen into the hands of the Rana of Gohud. From him it was taken by the Mahrattas before their breaking up into the great rival houses. It was taken by the English in 1780, and given to the Gohud Rana. In 1784, it was taken by the grandfather of Scindia, with the tacit consent of the English, to whom the Gohud Rana had been unfaithful. We do not see then on what possible ground it could be denied that at the commencement of the war, Gwalior was in possession

of the Maharajah. He had possessed it de facto for twenty years; and the English had never objected to his possession of it. This we think was tantamount in all fair reason to their acknowledgment of his right to possess it. There can be no doubt that Scindia signed the treaty with the understanding that it secured to him the possession of Gwalior; and if this were not the understanding of General Wellesley also, it seems almost incredible that nothing should have transpired in the course of the negotiation to rectify the apprehension of his astute plenipotentiary. This point then we consider settled.

How then did the treaties with the feudatory chiefs affect the settlement of the question? Two of these treaties touched upon it; that with Ambajee Inglia, and that with the Rana of Gohud. The account of these treaties we extract from Thornton's history, because it is fuller than that given by our author:

"Ambajee Inglia was a powerful servant of Scindia.

Part

of the territories which Ambajee had been authorized [by Scindia] to administer, formed the ancient possession of the house of Gohud, which had been conquered by Scindia some years before.* Ambajee made overtures to the British Government, offering to detach himself from the service of Scindia, and become tributary to them. It was desirable to afford him encouragement, and the difficulty of reconciling his claims with those of the Rana of Gohud, was got over by dividing the country, and assigning the independent possession of part to Ambajee, in consideration of his surrendering the right of administering the whole; a negotiation with this view was opened, and, after much evasion, a treaty was concluded, by which Ambajee agreed to surrender all the territory north of Gwalior, together with the fortress of that name, the British Government guaranteeing to Ambajee the remainder of the territory which had been under his management. A force was despatched to take possession of the fortress, and Ambajee readily gave an order for its delivery. The commandant, however, refused to obey the instructions of his master,† and measures were taken for the reduction of the place by force. When a breach had been effected, the garrison offered to surrender in consideration of the sum of Rs. 50,000. This being refused, they demanded the value of certain stores as the price of submission, which being granted, possession of the fort was obtained by the English.

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By the treaty with the Rana of Gohud, Gwalior was ceded to

* In 1784 as stated above.-ED. C. R.

Mr. Kaye says that this was by secret orders from Ambajee himself, whom he therefore designates "a double-dyed traitor." This is very likely; but it does not bear on the settlement of the question in hand.-ED. C. R.

the Company, by whom the territories restored to her* (him) under the arrangement with Ambajee were guaranteed."

It appears then that both Ambajee and the Gohud Rana had given up all rights which they might have possessed, or might have been supposed to possess, to Gwalior, and that it had been, so far as they were concerned, ceded to the East India Company. Now surely the meaning of the treaty with General Wellesley was, not that we should keep territory which Seindia claimed, on the ground of its being given up to us by his vassals, but only that we should be saved from the obligation to fulfil any portion of the treaty with him, whose fulfilment should put it out of our power to keep faith with those who had concluded treaties with General Lake. The article that we quoted above, would have justified the Company in withholding Gwalior from the Maharajah, if it had been by Lord Lake given over either to Ambajee or to the Gohud Rana; but not at all as the case really was.

Malcolm's

On this point three distinct views were taken. was that it was both our duty, in terms of the treaty, and our interest politically, to allow Scindia's claim. General Wellesley's was that the duty was doubtful; but that in a case of doubt it was infinitely better to yield the point than to incur even the semblance of bad faith; and that, moreover, no harm could ensue from putting the Maharajah in possession of Gwalior. Lord Wellesley's was that good faith did not require our cession of Gwalior, and that policy imperatively demanded its retention. We give our vote unhesitatingly on the side of Malcolm, and cordially endorse Mr. Kaye's commendation of the firmness with which he sacrificed, what was to him a paramount object of desire, the friendship and favor of the Governor-General.

We know well what a "glorious little man" Lord Wellesley was; there never was a man whose friendship was more honorable or more delightful to those who enjoyed it. But his wrath was terrible. He would not have been a Wellesley else. And against Malcolm his wrath was fairly kindled. And then at this time especially he was peculiarly irritable. He was in bad health, and we all know that biliousness does not generally improve the temper. The Court of Directors were openly opposing the policy that he had so nobly and so conscientiously pursued. The ministry, from whom he had good reason to expect support, had abandoned him. He was about to leave the country, to save

*Mr. Thornton makes a lady of this potentate, evidently confounding the word Rana with Rani; a mistake which we should scarcely have expected on the part of one so conversant with Indian affairs.—ED. C. R.

himself from the ignominy of a recall; and he did not know but that he might be met on his return with an impeachment, and a second edition of Warren Hastings's trial. It was therefore peculiarly displeasing to him to have that very line of policy which was condemned by the Court, and not defended by the Crown, disputed and thwarted by one in whom he had placed such unbounded confidence as he had reposed in Malcolm. The controversy was only stopped by the arrival of Mr. Webbe, who relieved Malcolm of the office that had now become extremely distasteful to him. The Marquis afterwards wrote him a very long letter, which he intended to be conciliatory; but of which the plain English is simply this: "I have always encouraged you to give me advice, and have always had the highest possible opinion of you. But you must not give me advice which is distasteful to me." We dismiss this subject with the declaration that we do most thoroughly disapprove of Lord Wellesley's conduct in this matter, but that it was an exceptional case; indeed the only case we know in which he acted in a manner unworthy of himself.

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6

We were anxious to place this matter in a clear light, and have therefore presented it in a single view, passing over events that occurred contemporaneously with its progress. Malcolm's health continued to be very indifferent, and it seemed impossible that he should get rid of his complaint without a change of climate. He was therefore desirous to be sent to England with despatches, announcing the termination of the Mahratta war. In this desire he was warmly supported by General Wellesley, who had urged it upon his brother; and it would most likely have been gratified, but for the unfortunate collision that ensued. But before this an event had occurred at home which deepened the gloom that had been induced by wearing indisposition, and the harassment of contending from day to day with chicanery and falsehood. "A letter from his uncle, John Pasley, announced the death of his venerable father. The sad tidings came upon him with painful suddenness. A few weeks before he had received a letter from his younger sailor-brother, Charles,* announcing that all were well at Burnfoot ;-and now he learned that the head of the family had been gathered to his rest. Mr. George Malcolm died peaceably in his own home, sur'rounded by his own people. He died as the Christian dieth, 'with an assured belief in the efficacy of his Redeemer's merits. To John Malcolm this thought-confirmed as it was by some beautiful letters from his sisters-brought great consolation. But still how deep was the sorrow which these tidings struck

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SEPT., 1857.

*The late Sir Charles Malcolm.

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