treaty of 1762 do not apply to the points remaining to be decided. But
the late act of Parliament having, from the nature of our connection
with the two powers in the Carnatic, pointed out the expediency, and
even necessity, of settling the several matters in dispute between them
by a speedy and permanent arrangement, we now proceed to give you our
instructions upon, the several other heads of disputes before
enumerated.
With respect to the fort and district of Hanamantagoody, we observe,
that, on the restoration of the Rajah in 1776, you informed us in your
letter of the 14th of May, That the Rajah had been put into possession
of the whole of the country his father held in 1762, when the treaty was
concluded with the Nabob; and on the 25th of June you came to the
resolution of putting the Rajah into possession of Hanamantagoody, on
the ground of its appearing, on reference to the Nabob's instructions to
Mr. Dupré in June, 1762, to his reply, and to the Rajah's
representations of 25th March, 1771, that Hanamantagoody was actually in
the hands of the late Rajah at the time of making the treaty of 1762. We
have referred as well to those papers as to all the other proceedings on
this subject, and must confess they fall very short of demonstrating to
us the truth of that fact. And we find, by the Secret Consultations of
Fort William of the 7th of August, 1776, that the same doubt was
entertained by our Governor-General and Council.
But whether, in point of fact, the late Rajah was or was not in
possession of Hanamantagoody in 1762, it is notorious that the Nabob had
always claimed the dominion of the countries of which this fort and
district are a part.
We observe that the Nabob is now in the actual possession of this fort
and district; and we are not warranted, by any document we have seen, to
concur with the wishes of the Rajah to dispossess him.
With regard to the government share of the crop of 1775-6, we observe by
the dobeer's memorandum, recited in your Consultations of the 13th of
May, 1776, that it was the established custom of the Tanjore country to
gather in the harvest and complete the collections within the month of
March, but that, for the causes therein particularly stated, the harvest
(and of course the collection of the government share of the crop) was
delayed till the month of March was over. We also observe that the Rajah
was not restored to his kingdom until the 11th of April, 1776; and from
hence we infer, that, if the harvest and collection had been finished at
the usual time, the Nabob (being then sovereign of the country) would
have received the full benefit of that year's crop.
Although the harvest and collection were delayed beyond the usual time,
yet we find by the Proceedings of your government, and particularly by
Mr. Mackay's Minute of the 29th of May, 1776, and also by the dobeer's
account, that the greatest part of the grain was cut down whilst the
Nabob remained in the government of the country.
It is difficult, from the contradictory allegations on the subject, to
ascertain what was the precise amount of the collections made after the
Nabob ceased to have the possession of the country. But whatever it was,
it appears from General Stuart's letter of the 2d of April, 1777, that
it had been asserted with good authority that the far greater part of
the government share of the crop was plundered by individuals, and never
came to account in the Rajah's treasury.
Under all the circumstances of this case, we must be of opinion that the
government share of the crop of 1776 belonged to the Nabob, as the then
reigning sovereign of the kingdom of Tanjore, he being, _de facto_, in
the full and absolute possession of the government thereof; and
consequently that the assignments made by him of the government share of
the crop were valid.
Nevertheless, we would by no means be understood by this opinion to
suggest that any further demands ought to be made upon the Rajah, in
respect of such parts of the government share of the crop as were
collected by his people.
For, on the contrary, after so great a length of time as hath elapsed,
we should think it highly unjust that the Rajah should be now compelled
either to pay the supposed balances, whatever they may be, or be called
upon to render a specific account of the collection made by his people.
The Rajah has already, in his letter to Governor Stratton of the 21st of
April, 1777, given his assurance, that the produce of the preceding
year, accounted for to him, was little more than one lac of pagodas; and
as you have acquainted us, by your letter of the 14th of October, 1779,
that the Rajah has actually paid into our treasury one lac of pagodas,
by way of deposit, on account of the Nabob's claims to the crop, till
our sentiments should be known, we direct you to surcease any further
demands from the Rajah on that account.
We learn by the Proceedings, and particularly by the Nabob's letter to
Lord Pigot of the 6th of July, 1776, that the Nabob, previous to the
restoration of the Rajah, actually made assignments or granted tunkaws
of the whole of his share of the crop to his creditors and troops; and
that your government, (entertaining the same opinion as we do upon the
question of right to that share,) by letter to the Rajah of the 20th of
August, 1776, recommended to him "to restore to Mr. Benfield (one of the
principal assignees or tunkaw-holders of the Nabob) the grain of the
last year, which was in possession of his people, and said to be
forcibly taken from them,--and farther, to give Mr. Benfield all
reasonable assistance in recovering such debts as should appear to have
been justly due to him from the inhabitants; and acquainted the Rajah
that it had been judged by a majority of the Council that it was the
Company's intention to let the Nabob have the produce of the crop of
1776, but that you had no intention that the Rajah should be accountable
for more than the government share, whatever that might be; and that you
did not mean to do more than recommend to him to see justice done,
leaving the manner and time to himself." Subsequent representations
appear to have been made to the Rajah by your government on the same
subject, in favor of the Nabob's mortgages.
In answer to these applications, the Rajah, in his letter to Mr.
Stratton of the 12th January, 1777, acquainted you "that he had given
orders respecting the grain which Mr. Benfield had heaped up in his
country; and with regard to the money due to him by the farmers, that he
had desired Mr. Benfield to bring accounts of it, that he might limit a
time for the payment of it proportionably to their ability, and that the
necessary orders for stopping this money out of the inhabitants' share
of the crop had been sent to the ryots and aumildars; that Mr.
Benfield's gomastah was then present there, and oversaw his affairs; and
that in everything that was just he (the Rajah) willingly obeyed our
Governor and Council."
Our opinion being that the Rajah ought to be answerable for no more than
the amount of what he admits was collected by his people for the
government share of the crop; and the Proceedings before us not
sufficiently explaining whether, in the sum which the Rajah, by his
before-mentioned letter of the 21st April, 1777, admits to have
collected, are included those parts of the government share of the crop
which were taken by his people from Mr. Benfield, or from any other of
the assignees or tunkaw-holders; and uninformed, as we also are, what
compensation the Rajah has or has not made to Mr. Benfield, or any other
of the parties from whom the grain was taken by the Rajah's people; or
whether, by means of the Rajah's refusal so to do, or from any other
circumstance, any of the persons dispossessed of their grain may have
had recourse to the Nabob for satisfaction: we are, for these reasons,
incompetent to form a proper judgment what disposition ought in justice
to be made of the one lac of pagodas deposited by the Rajah. But as our
sentiments and intentions are so fully expressed upon the whole subject,
we presume you, who are upon the spot, can have no doubt or difficulty
in making such an application of the deposit as will be consistent with
those principles of justice whereon our sentiments are founded. But
should any such difficulty suggest itself, you will suspend any
application of the deposit, until you have fully explained the same to
us, and have received our further orders.
With respect to the repairs of the Anicut and banks of the Cavery we
have upon various occasions fully expressed to you our sentiments, and
in particular in our general letter of the 4th July, 1777, we referred
you to the investigation and correspondence on that subject of the year
1764, and to the report made by Mr. James Bourchier, on his personal
survey of the waters, and to several letters of the year 1765 and 1767;
we also, by our said general letter, acquainted you that it appeared to
us perfectly reasonable that the Rajah should be permitted to repair
those banks, and the Anicut, in the same manner as had been practised in
times past; and we directed you to establish such regulations, by
reference to former usage, for keeping the said banks in repair, as
would be effectual, and remove all cause of complaint in future.
Notwithstanding such our instructions, the Rajah, in his letter to us of
the 15th October, 1783, complains of the destruction of the Anicut; and
as the cultivation of the Tanjore country appears, by all the surveys
and reports of our engineers employed on that service, to depend
altogether on a supply of water by the Cavery, which can only be secured
by keeping the Anicut and banks in repair, we think it necessary to
repeat to you our orders of the 4th July, 1777, on the subject of those
repairs.
And further, as it appears by the survey and report of Mr. Pringle, that
those repairs are attended with a much heavier expense, when done with
materials taken from the Tanjore district, than with those of
Trichinopoly, and that the last-mentioned materials are far preferable
to the other, it is our order, that, if any occurrences should make it
necessary or expedient, you apply to the Nabob, in our name, to desire
that his Highness will permit proper spots of ground to be set out, and
bounded by proper marks on the Trichinopoly side, where the Rajah and
his people may at all times take sand and earth sufficient for these
repairs; and that his Highness will grant his lease of such spots of
land for a certain term of years to the Company, at a reasonable annual
rent, to the intent that through you the cultivation of the Tanjore
country may be secured, without infringing or impairing the rights of
the Nabob.
If any attempts have been or shall be hereafter made to divert the water
from the Cavery into the Coleroon, by contracting the current of the
Upper or Lower Cavery, by planting long grass, as mentioned in Mr.
Pringle's report, or by any other means, we have no doubt his Highness,
on a proper representation to him in our name, will prevent his people
from taking any measures detrimental to the Tanjore country, in the
prosperity of which his Highness, as well as the Company, is materially
interested.
Should you succeed in reconciling the Nabob to this measure, we think it
but just that the proposed lease shall remain no longer in force than
whilst the Rajah shall be punctual in the payment of the annual peshcush
to the Nabob, as well as the rent to be reserved for the spots of
ground. And in order effectually to remove all future occasions of
jealousy and complaint between the parties,--that the Rajah, on the one
hand, may be satisfied that all necessary works for the cultivation of
his country will be made and kept in repair, and that the Nabob, on the
other hand, may be satisfied that no encroachment on his rights can be
made, nor any works detrimental to the fertility of his country
erected,--we think it proper that it should be recommended to the
parties, as a part of the adjustment of this very important point, that
skilful engineers, appointed by the Company, be employed at the Rajah's
expense to conduct all the necessary works, with the strictest attention
to the respective rights and interests of both parties. This will remove
every probability of injury or dispute. But should either party
unexpectedly conceive themselves to be injured, immediate redress might
be obtained by application to the government of Madras, under whose
appointment the engineer will act, without any discussion between the
parties, which might disturb that harmony which it is so much the wish
of the Company to establish and preserve, as essential to the prosperity
and peace of the Carnatic.
Having now, in obedience to the directions of the act of Parliament,
upon the fullest consideration of the indeterminate rights and
pretensions of the Nabob and Rajah, pointed out such measures and
arrangements as in our judgment and discretion will be best calculated
to ascertain and settle the same, we hope, that, upon a candid
consideration of the whole system, although each of the parties may feel
disappointed in our decision on particular points, they will be
convinced that we have been guided in our investigation by principles of
strict justice and impartiality, and that the most anxious attention has
been paid to the substantial interests of both parties, and such a
general and comprehensive plan of arrangement proposed as will most
effectually prevent all future dissatisfaction.
Approved by the Board.
HENRY DUNDAS,
WALSINGHAM,
W.W. GRENVILLE,
MULGRAVE.
WHITEHALL, October 27, 1784.
No. 9.
Referred to from pp. 78 and 85.
_Extract of a Letter from the Court of Directors to the President and
Council of Fort St. George, as amended and approved by the Board of
Control._
We have taken into our consideration the several advices and papers
received from India, relative to the assignment of the revenues of the
Carnatic, from the conclusion of the Bengal treaty to the date of your
letter in October, 1783, together with the representations of the Nabob
of the Carnatic upon that subject; and although we might contend that
the agreement should subsist till we are fully reimbursed his Highness's
proportion of the expenses of the war, yet, from a principle of
moderation, and personal attachment to our old ally, his Highness the
Nabob of the Carnatic, for whose dignity and happiness we are ever
solicitous, and to cement more strongly, if possible, that mutual
harmony and confidence which our connection makes so essentially
necessary for our reciprocal safety and welfare, _and for removing from
his mind every idea of secret design on our part to lessen his authority
over the internal government of the Carnatic_, and the collection and
administration of its revenues, we have resolved that the assignment
shall be surrendered; and we do accordingly direct our President, in
whose name the assignment was taken, _without delay_, to surrender the
same to his Highness. But while we have adopted this resolution, we
repose entire confidence in his Highness, that, actuated by the same
motives of liberality, and feelings of old friendship and alliance, he
will cheerfully and instantly accede to such arrangements as are
necessary to be adopted for our common safety, and for preserving the
respect, rights, and interests we enjoy in the Carnatic. The following
are the heads and principles of such an arrangement as we are decisively
of opinion must be adopted for these purposes, viz.
That, for making a provision for discharging the Nabob's just debts to
the Company and individuals, (for the payment of which his Highness has
so frequently expressed the greatest solicitude,) _the Nabob shall give
soucar security for the punctual payment, by instalments_, into the
Company's treasury, of twelve lacs of pagodas per annum, (as voluntarily
proposed by his Highness,) until those debts, with interest, shall be
discharged; and shall also consent that the equitable provision lately
made by the British legislature for the liquidation of those debts, _and
such resolutions and determinations as we shall hereafter make_, under
the authority of that provision for the liquidation and adjustment of
the said debts, _bonâ fide_ incurred, shall be carried into full force
and effect.
Should any difficulty arise between his Highness and our government of
Fort St. George, in respect to _the responsibility of the soucar
security_, or the times and terms of the instalments, it is our pleasure
that you pay obedience to the orders and resolutions of our
Governor-General and Council of Bengal in respect thereto, not doubting
but the Nabob will in such case consent to abide by the determination of
our said supreme government.
Although, from the great confidence we repose in the honor and integrity
of the Nabob, and from an earnest desire not to subject him to any
embarrassment on this occasion, we have not proposed any specific
assignment of territory or revenue for securing the payments aforesaid,
we nevertheless think it our duty, as well to the private creditors,
whose interests in this respect have been so solemnly intrusted to us by
the late act of Parliament, as from regard to the debt due to the
Company, to insist on a declaration, that, in the event of the failure
of the security proposed, or in default of payment at the stipulated
periods, we reserve to ourselves full right to demand of the Nabob such
_additional security_, by assignment on his country, as shall be
effectual for answering the purposes of the agreement.
After having conciliated the mind of the Nabob to this measure, and
adjusted the particulars, you are to carry the same into execution by a
formal deed between his Highness and the Company, according to the tenor
of these instructions.
As the administration of the British interests and connections in India
has in some respects assumed a new shape by the late act of Parliament,
and a general peace in India has been happily accomplished, the present
appears to us to be the proper period, and which cannot without great
imprudence be omitted, to settle and arrange, by a just and equitable
treaty, a plan for the future defence and protection of the Carnatic,
both in time of peace and war, on a solid and lasting foundation.
For the accomplishment of this great and necessary object, we direct
you, in the name of the Company, to use your utmost endeavors to impress
the expediency of, and the good effects to be derived from this measure,
so strongly upon the minds of the Nabob and the Rajah of Tanjore, as to
prevail upon them, jointly or separately, to enter into one or more
treaty or treaties with the Company, grounded on this principle of
equity: That all the contracting parties shall be bound to contribute
jointly to the support of the military force and garrisons, as well in
peace as in war.
That the military peace establishment shall be forthwith settled and
adjusted by the Company, in pursuance of the authority and directions
given to them by the late act of Parliament.
As the payment of the troops and garrisons, occasional expenses in the
repairs and improvements of fortifications, and other services
incidental to a military establishment, must of necessity be punctual
and accurate, no latitude of personal assurance or reciprocal confidence
of either of the parties on the other must be accepted or required; but
the Nabob and Rajah must of necessity specify particular districts and
revenues for securing the due and regular payment of their contributions
into the treasury of the Company, with whom the charge of the defence of
the coast, and of course the power of the sword, must be exclusively
intrusted, with power for the Company, in case of failure or default of
such payments at the stipulated times and seasons, to enter upon and
possess such districts, and to let the same to renters, to be confirmed
by the Nabob and the Rajah respectively; but, trusting that in the
execution of this part of the arrangement no undue obstruction will be
given by either of those powers, we direct that this part of the treaty
be coupled with a most positive assurance, on our part, of our
determination to support the dignity and authority of the Nabob and
Rajah in the exclusive administration of the civil government and
revenues of their respective countries;--and further, that, in case of
_any_ hostility committed against the territories of either of the
contracting parties on the coast of Coromandel, the whole revenues of
their respective territories shall be considered as one common stock, to
be appropriated in the common cause of their defence; that the Company,
on their part, shall engage to refrain, _during the war_, from the
application of any part of their revenues to any commercial purposes
whatsoever, but apply the whole, save only the ordinary charges of their
civil government, to the purposes of the war; that the Nabob and the
Rajah shall in like manner engage, on their parts, to refrain, during
the war, from the application of any part of their revenues, save only
what shall be actually necessary for the support of themselves and the
civil government of their respective countries, to any other purposes
than that of defraying the expenses of such military operations as the
Company may find it necessary to carry on for the common safety of their
interests on the coast of Coromandel.
And to obviate any difficulties or misunderstanding which might arise
from leaving indeterminate the sum necessary to be appropriated for the
civil establishment of each of the respective powers, that the sum be
now ascertained which is indispensably necessary to be applied to those
purposes, and which is to be held sacred under every emergency, and set
apart previous to the application of the rest of the revenues, as hereby
stipulated, for the purposes of mutual or common defence against any
enemy, for _clearing_ the incumbrance which may have become necessarily
incurred in addition to the expenditure of those revenues _which must be
always deemed part of the war establishment_. This we think absolutely
necessary; as nothing can tend so much to the preservation of peace, and
to prevent the renewal of hostilities, as the early putting the finances
of the several powers upon a clear footing, and the showing to all other
powers that the Company, the Nabob, and the Rajah are firmly united in
one common cause, and combined in one system of permanent and vigorous
defence, for the preservation of their respective territories and the
general tranquillity.
That the whole aggregate revenue of the contracting parties shall,
during the war, be under the application of the Company, and shall
continue as long after the war _as shall be necessary, to discharge the
burdens contracted by it_; but it must be declared that this provision
shall in no respect extend to deprive either the Nabob or the Rajah of
the substantial authority necessary to the collection of the revenues of
their respective countries. But it is meant that they shall faithfully
perform the conditions of this arrangement; and if a division of any
part of the revenues to any other than the stipulated purposes shall
take place, the Company shall be entitled to take upon themselves the
collection of the revenue.
The Company are to engage, during the time they shall administer the
revenues, to produce to the other contracting parties regular accounts
of the application thereof to the purposes stipulated by the treaty, and
faithfully apply them in support of the war.