meaning of the treaty, as his former requisitions; | Hastings did believe the mind of the Nabob which new demand was for the detachment in gar- Fyzoola Khân to be so irritated, in consequence rison at Daranagur to be cantoned as a stationary of the above-recited conduct of the late resident force at Lucknow, the capital of the vizier; Middleton, and of his (the said Hastings's) own whereas he (the vizier) had only a right to demand criminal neglect, that he the said Hastings found an occasional aid to join his army in the field, or it necessary to write to Fyzoola Khân, assuring in garrison, during a war. But the said new de- him "of the favourable disposition of the governmand being evaded, or rather refused, agreeably "ment toward him, while he shall not have forto the fair construction of the treaty by the Nabob "feited it by any improper conduct." But that Fyzoola Khân, the matter was for the present the said assurances of the governour-general did dropped. not tend, as soon after appeared, to raise much confidence in the nabob. over whom a publick instrument of the same Hastings was still holding the terrours of a deprivation of his jaghire, and an exile "among his other faithless brethren across the Ganges." IX. That in the letter, in which the resident Middleton did mention "what he calls the fray" aforesaid, the said Middleton did again apply for the resumption of the jaghire of Rampore; and that, the objections against the measure being now removed, (by the separate peace with Scindia,) he desired to know if the board "would give assurances of their support to the vizier, in case, which (says the resident) I think very probable, his (the vizier's) own strength should be found unequal to the undertaking. 66 X. That although the said Warren Hastings did make the foregoing application a new charge against the resident Middleton, yet the said Hastings did only criminate the said Middleton for a proposal tending " at such a crisis to encrease "the number of our enemies;" and did in no degree, either in his articles of charge, or in his accompanying minutes, express any disapprobation whatever of the principle; that in truth the whole proceedings of the said resident were the natural result of the treaty of Chunar that the proceedings were from time to time communicated to the said Hastings. That as he no where charges any disobedience of orders on Mr. Middleton with respect to Fyzoola Khân, it may be justly inferred, that the said Hastings did not interfere to check the proceedings of the said Middleton on that subject; and that by such criminal neglect the said Hastings did make the guilt of the said Middleton, whatever it might be, his own. PECUNIARY COMMUTATION OF THE STIPULATED AID. I. THAT on the charges, and for the misdemeanours above specified, together with divers other accusations, the governour-general, Warren Hastings, in September 1782, did remove the aforesaid Middleton from his office of resident of Oude, and did appoint thereto John Bristow, Esquire, whom he had twice before, without cause, recalled from the same; and that about the same time the said 66 That the resident Bristow did then openly depute Major Palmer aforesaid, with the concurrence of the vizier, and the approbation of the governourgeneral, to the nabob Fyzoola Khân, at Rampore; and that the said Palmer was to "endeavour to "convince the nabob, that all doubts of his at"tachment to the vizier are ceased; and what 66 ever claims may be made on him are founded upon the basis of his interest and advantage, "and a plan of establishing his right to the possession of his jaghire." That the sudden ceasing of the said doubts, without any enquiry of the slightest kind, doth warrant a strong presumption of the resident's conviction, that they never really existed, but were artfully feigned, as a pretence for some harsh interposition; and that the indecent mockery of establishing, as a matter of favour, for a pecuniary consideration, rights, which were never impeached but by the treaty of Chunar, (an instrument recorded by Warren Hastings himself to be founded on falsehood and in justice,) doth powerfully prove the true purpose | nished by Fyzoola Khân, would prove a literal and object of all the duplicity, deceit, and double- compliance. dealing, with which that treaty was projected and executed. V. That the said Palmer was instructed by the resident Bristow, with the subsequent approbation of the governour-general," to obtain from Fyzoola "Khân an annual tribute;" to which the resident adds: "if you can procure from him, over and "above this, a peshcush (or fine) of at least five "lacks, it would be rendering an essential service "to the vizier, and add to the confidence his Excellency would hereafter repose in the attach"ment of the Nabob Fyzoola Khẩn.” And that the said governour-general Hastings did give the following extraordinary ground of calculation, as the basis of the said Palmer's negociation for the annual tribute aforesaid : 66 66 "It was certainly understood at the time the treaty was concluded, (of which this stipulation "was a part,) that it applied solely to cavalry; as "the nabob vizier, possessing the service of our "forces, could not possibly require infantry, and "least of all such infantry as Fyzoola Khân could "furnish; and a single horseman included in the "aid, which Fyzoola Khán might furnish, would prove a literal compliance with the said stipula"tion. The number therefore of horse implied by it ought at least to be ascertained; we will suppose five thousand, and allowing the exigency "for their attendance to exist only in the propor"tion of one year in five, reduce the demand to one thousand for the computation of the sub"sidy, which at the rate of fifty rupees per man "will amount to fifty thousand per mensem. "This may serve for the basis of this article in "the negociation upon it." 66 66 66 VI. That the said Warren Hastings doth then continue to instruct the said Palmer in the alternative of a refusal from Fyzoola Khân. 66 66 3d. That the said Hastings doth next resort again to the supposition of our right to the whole 5,000 cavalry. 4th. That the said Hastings doth afterwards think, in the event of an explanation of the treaty, and a settlement of the proportion of cavalry, instead of a pecuniary commutation, it will be all we can demand, that the number should at least exceed 2,500. 5th. That the said Hastings doth, in calculating the supposed time of their service, assume an arbitrary estimate of one year of war to four of peace; which (however moderate the calculation may appear on the average of the said Hastings's own government) doth involve a principle in a considerable degree repugnant to the system of perfect peace, inculcated in the standing orders of the company. 6th. That, in estimating the pay of the cavalry to be commuted, the said Hastings doth fix the pay of each man at 50 rupees a month; which on 5,000 troops, all cavalry, (as the said Hastings supposes the treaty of Lall-Dang to have meant,) would amount to an expence of 30 lacks a year, or between £.300,000 or £.400,000. And this expence, strictly resulting (according to the calculations of the said Hastings) from the intention of Sujah ul Dowlah's grant to Fyzoola Khan, was designed to be supported out of a jaghire, valued at 15 lacks only, or something more than £.150,000 of yearly revenue, just half the amount of the expence to be incurred in consideration of the said jaghire. And that a basis of negociation so inconsistent, so arbitrary, and so unjust, is contrary to that uprightness and integrity, which should mark the transactions of a great state, and is highly derogatory to the honour of this nation. VIII. That notwithstanding the seeming moderation and justice of the said Hastings, in admitting the clear and undoubted right of Fyzoola Khan to insist on his treaty, the head of instruction immediately succeeding doth afford just reason for a violent presumption, that such apparent lenity was but policy, to give a colour to his conduct; he the said Hastings, in the very next paragraph, bring "If Fyzoola Khân shall refuse to treat for a subsidy, and claim the benefit of his original agreement in its literal expression, he possesses a right, which we cannot dispute, and it will in "that case remain only to fix the precise number "of horse, which he shall furnish, which ought ating forth a new engine of oppression, as follows: "least to exceed 2,500." "To demand the surrender of all the reiats (or peasants) of the nabob vizier's dominions, to "whom Fyzoola has given protection and service, or an annual tribute, in compensation for the "loss sustained by the nabob vizier in his revenue, thus transferred to Fyzoola Khán, 66 "You have stated the encrease of his jaghire, "occasioned by this act, at the moderate sum of "fifteen lacks. The tribute ought at least to be "one third of that amount. "We conceive, that Fyzoola Khân himself may "be disposed to yield to the preceding demand, That the resident Bristow (to whom the letter containing Major Palmer's instructions is addressed) no where attributes the encrease of Fyzoola Khan'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 ven 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: "The Nabob Fyzoola Khân complains of the "the governour-general. He observes, it is the "custom of the honourable company, when they deprive a chief of his country, to grant him some "allowance. This he expects from Mr. Hastings's "bounty; but if he should be disappointed, he "will certainly set off upon a pilgrimage to "Mecca and Medina, and renounce the cares of "the world." "He directs his vakeel to ascertain whether "the English intend to deprive him of his coun"try; for if they do, he is ready to surrender it, upon receiving an order from the resident." 66 66 XI. "that no 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, 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." distresses he has this year suffered from the FULL VINDICATION OF FYZOOLA KHẨN drought. The whole collections have, with great management, amounted to about twelve lacks of rupees, from which sum he has to support his troops, his family, and several relations and de"pendants 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 intentum, in case the demand should not be relin"quished by you, first to proceed to Lucknow, "where he proposes having an interview with the rizier 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 BY MAJOR PALMER AND MR. HASTINGS. I. THAT in the course of the said negociation for establishing the rights of the Nabob Fyzoola Khân, Major Palmer aforesaid did communicate to the resident Bristow, and through the said resident to the council general of Bengal, the full and direct denial of the Nabob Fyzoola Khân to all and every of the charges made or pretended to be made against him, as follows. "Fyzoola Khân persists in denying the infringe"ment on his part of any one article in the treaty, or the neglect of any obligation, which it imposed "upon him. "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 "And having refused the required aid of" of their entertaining any views beyond the quiet "of cavalry, made by Johnson, to act with General possession of the advantages, which they at "Goddard. present enjoy." 66 "He observes, respecting the charge of evading "the vizier's requisition for the cavalry, lately "stationed at Daranagur, to be stationed at LuckI now, 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. “Lastly, he asserts, that so far from encourag"ing 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." 66 66 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 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, Majer Palmer, in the vindication of the Nabob Fyzoola Khân, and in the most ample manner. That although the said Palmer did suppose the number of Rohillas (employed "in ordinary occupations) 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 That the said Warren Hastings did now clearly and explicitly understand the clauses of the treaty, "that Fyzoola Khân should send two or thret (and not five) thousand men, or attend in per son, in case it was requisite." 66 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. 46 "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 "Khan 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 "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 ; 66 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. APPENDIX TO THE VIIITH AND XVITH CHARGES. 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 froin 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 |