And, lastly, as the defence of the Carnatic is thus to rest with the

Company, the Nabob shall be satisfied of the propriety of avoiding all

unnecessary expense, and will therefore agree not to maintain a greater

number of troops than shall be necessary for the support of his dignity

and the splendor of the durbar, which number shall be specified in the

treaty; and if any military aid is requisite for the security and

collection of his revenues, other than the fixed establishment employed

to enforce the ordinary collections and preserve the police of the

country, the Company must be bound to furnish him with such aid: the

Rajah of Tanjore must likewise become bound by similar engagements, and

be entitled to similar aid.

As, in virtue of the powers vested in Lord Macartney by the agreement of

December, 1781, sundry leases, of various periods, have been granted to

renters, we direct that you apply to the Nabob, in our name, for his

consent that they may be _permitted_ to hold their leases to the end of

the stipulated term; and we have great reliance[70] on the liberality

and spirit of accommodation manifested by the Nabob on so many

occasions, that he will be disposed to acquiesce in a proposition so

_just and reasonable_. But if, contrary to our expectations, his

Highness should be impressed with any particular aversion to comply with

this proposition, we do not desire you to insist upon it as an essential

part of the arrangement to take place between us; but, in that event,

you must take especial care to give such indemnification to the renters

for any loss they may sustain as you judge to be reasonable.

It equally concerns the honor of our government, that such natives as

may have been put in any degree of authority over the collections, in

consequence of the deed of assignment, and who have proved faithful to

their trust, shall not suffer inconvenience on account of their

fidelity.

Having thus given our sentiments at large, as well for the surrender of

the assignment as with regard to those arrangements which we think

necessary to adopt in consequence thereof, we cannot dismiss this

subject without expressing our highest approbation of _the ability,

moderation, and command of temper_ with which our President at Madras

has conducted himself in the management of a very delicate and

embarrassing situation. His conduct, and that of the Select Committee of

Fort St. George, in the execution of the trust delegated to Lord

Macartney by the Nabob Mahomed Ali, has been vigorous and effectual, for

the purpose of realizing as great a revenue, at a crisis of necessity,

as the nature of the case admitted; and the imputation of corruption,

suggested in some of the Proceedings, appears to be totally groundless

and unwarranted.

While we find so much to applaud, it is with regret we are induced to

advert to anything which may appear worthy of blame: as the step of

issuing the Torana Chits in Lord Macartney's own name can only be

justified upon the ground of absolute necessity;[71] and as his Lordship

had every reason to believe that the demand, when made, would be

irksome and disagreeable to the feelings of Mahomed Ali, every

precaution ought to have been used and more time allowed for proving

that necessity, by previous acts of address, civility, and conciliation,

applied for the purposes of obtaining his authority to such a measure.

It appears to us that more of this might have been used; and therefore

we cannot consider the omission of it as blameless, consistent with our

wishes of sanctifying no act contrary to the spirit of the agreement, or

derogatory to the authority of the Nabob of the Carnatic, in the

exercise of any of his just rights in the government of the people under

his authority.

We likewise observe, the Nabob has complained that no official

communication was made to him of the peace, for near a month after the

cessation of arms took place. This, and every other mark of disrespect

to the Nabob, will ever appear highly reprehensible in our eyes; and we

direct that you do, upon all occasions, pay the highest attention to him

and his family.

Lord Macartney, in his Minute of the 9th of September last, has been

fully under our consideration. We shall ever applaud the prudence and

foresight of our servants which induces them to collect and communicate

to us every opinion, or even ground of suspicion they may entertain,

relative to any of the powers in India with whose conduct our interest

and the safety of our settlements is essentially connected. At the same

time we earnestly recommend that those opinions and speculations be

communicated to us with prudence, discretion, and all possible secrecy,

_and the terms in which they are conveyed be expressed in a manner as

little offensive as possible to the powers whom they may concern and

into whose hands they may fall._[72]

We next proceed to give you our sentiments respecting the private debts

of the Nabob; _and we cannot but acknowledge_ that the origin and

justice, both of the loan of 1767, and the loan of 1777, commonly called

the Cavalry Loan, appear to us clear and indisputable, agreeable to the

true sense and spirit of the late act of Parliament.

In speaking of the loan of 1767, we are to be understood as speaking of

the debt as constituted by the original bonds of that year, bearing

interest at 10_l._ per cent; and therefore, if any of the Nabob's

creditors, under a pretence that their debts made part of the

consolidated debt of 1767, although secured by bonds of a subsequent

date, carrying an interest exceeding 10_l._ per cent, shall claim the

benefit of the following orders, we direct that you pay no regard to

such claims, without further especial instructions for that purpose.

With respect to the consolidated debt of 1777, it certainly stands upon

a less favorable footing. So early as the 27th March, 1769, it was

ordered by our then President and Council of Fort St. George, that, for

the preventing all persons living under the Company's protection from

having any dealings with any of the country powers or their ministers

without the knowledge or consent of the Board, an advertisement should

be published, by fixing it up at the sea-gate, and sending round a copy

to the Company's servants and inhabitants, and to the different

subordinates, and our garrisons, and giving it out in general orders,

stating therein that the President and Council did consider the

irreversible order of the Court of Directors of the year 1714 (whereby

their people were prohibited from having any dealings with the country

governments in money matters) to be in full force and vigor, and thereby

expressly forbidding all servants of the Company, and other Europeans

under their jurisdiction, to make loans or have any money transactions

with any of the princes or states in India, without special license and

permission of the President and Council for the time being, except only

in the particular cases there mentioned, and declaring that any wilful

deviation therefrom should be deemed a breach of orders, and treated as

such. And on the 4th of March, 1778, it was resolved by our President

and Council of Fort St George, that the consolidated debt of 1777 was

not, on any respect whatever, conducted under the auspices or protection

of that government; and on the circumstance of the consolidation of the

said debt being made known to us, we did, on the 28rd of December, 1778,

write to you in the following terms: "Your account of the Nabob's

private debts is very alarming; but from whatever cause or causes those

debts have been contracted or increased, we hereby repeat our orders,

that the sanction of the Company be on no account given to any kind of

security for the payment or liquidation of any part thereof, (except by

the express authority of the Court of Directors,) on any account or

pretence whatever."

The loan of 1777, therefore, has no sanction or authority from us; and

in considering the situation and circumstances of this loan, we cannot

omit to observe, that the creditors could not be ignorant how greatly

the affairs of the Nabob were at that time deranged, and that his debt

to the Company was then very considerable,--the payment of which the

parties took the most effectual means to postpone, by procuring an

assignment of such specific revenues for the discharge of their own

debts as alone could have enabled the Nabob to have discharged that of

the Company.

Under all these circumstances, we should be warranted to refuse our aid

or protection in the recovery of this loan. But when we consider the

inexpediency of keeping the subject of the Nabob's debts longer afloat

than is absolutely necessary,--when we consider how much the final

conclusion of this business will tend to promote tranquillity, credit,

and circulation of property in the Carnatic,--and when we consider that

the debtor concurs with the creditor in establishing the justice of

those debts consolidated in 1777 into gross sums, for which bonds were

given, liable to be transferred to persons different from the original

creditors, and having no share or knowledge of the transactions in which

the debts originated, and of course how little ground there is to expect

any substantial good to result from an unlimited investigation into

them, we have resolved so far to recognize the justice of those debts as

to extend to them that protection which, upon _more_ forcible grounds,

we have seen cause to allow to the other two classes of debts. But

although we so far adopt the general presumption in their favor as to

admit them to a participation in the manner hereafter directed, we do

not mean to debar you from receiving any complaints against those debts

of 1777, at the instance either of the Nabob himself, or of other

creditors injured by their being so admitted, or by any other persons

having a proper interest, or stating reasonable grounds of objection;

and if any complaints are offered, we order that the grounds of all such

be attentively examined by you, and be transmitted to us, together with

the evidence adduced in support of them, for our final decision; and as

we have before directed that the sum of twelve lacs of pagodas, to be

received annually from the Nabob, should be paid into our treasury, it

is our order that the same be distributed according to the following

arrangement.

That the debt be made up in the following manner, viz.

The debt consolidated in 1767 to be made up to the end of the year 1784,

with the current interest at ten per cent.

The Cavalry Loan to be made up to the same period, with the current

interest at twelve per cent.

The debt consolidated in 1777 to be made up to the same period, with the

current interest at twelve per cent, to November, 1781, and from thence

with the current interest at six per cent.

The twelve lacs annually to be received are then to be applied,--

1. To the growing interest on the Cavalry Loan, at twelve per cent.

2. To the growing interest on the debt of 1777, at six per cent.

The remainder to be equally divided: one half to be applied to the

extinction of the Company's debt; the other half to be applied to the

payment of growing interest at 10_l._ per cent, and towards the

discharge of the principal of the debt of 1767.

This arrangement to continue till the principal of the debt 1767 is

discharged.

The application of the twelve lacs is, then, to be,--

1. To the interest of the debt of 1777, as above. The remainder to be

then equally divided,--one half towards the discharge of the current

interest and principal of the Cavalry Loan, and the other half towards

the discharge of the Company's debt.

When the Cavalry Loan shall be thus discharged, there shall then be paid

towards the discharge of the Company's debt seven lacs.

To the growing interest and capital of the 1777 loan, five lacs.

When the Company's debt shall be discharged, the whole is then to be

applied in discharge of the debt 1777.

If the Nabob shall be prevailed upon to apply the arrears and growing

payments of the Tanjore peshcush in further discharge of his debts, over

and above the twelve lacs of pagodas, we direct that the whole of that

payment, when made, shall be applied towards the reduction of the

Company's debt.

We have laid down these general rules of distribution, as appearing to

us founded on justice, and the relative circumstances of the different

debts; and therefore we give our authority and protection to them only

on the supposition that they who ask our protection acquiesce in the

condition upon which it is given; and therefore we expressly order,

that, if any creditor of the Nabob, a servant of the Company, or being

under our protection, shall refuse to express his acquiescence in these

arrangements, he shall not only be excluded from receiving any share of

the fund under your distribution, but shall be prohibited from taking

any separate measures to recover his debt from the Nabob: it being one

great inducement to our adopting this arrangement, that the Nabob shall

be relieved from all further disquietude by the importunities of his

individual creditors, and be left at liberty to pursue those measures

for the prosperity of his country which the embarrassments of his

situation have hitherto deprived him of the means of exerting. And we

further direct, that, if any creditor shall be found refractory, or

disposed to disturb the arrangement we have suggested, he shall be

dismissed the service, and sent home to England.

The directions we have given only apply to the three classes of debts

which have come under our observation. It has been surmised that the

Nabob has of late contracted further debts: if any of these are due to

British subjects, we forbid any countenance or protection whatever to be

given to them, until the debt is fully investigated, the nature of it

reported home, and our special instructions upon it received.

We cannot conclude this subject without adverting in the strongest terms

to the prohibitions which have from time to time issued under the

authority of different Courts of Directors against any of our servants,

or of those under our protection, having any money transactions with any

of the country powers, without the knowledge and previous consent of our

respective governments abroad. We are happy to find that the Nabob,

sensible of the great embarrassments, both to his own and the Company's

affairs, which the enormous amount of their private claims have

occasioned, is willing to engage not to incur any new debts with

individuals, and we think little difficulty will be found in persuading

his Highness into a positive stipulation for that purpose. And though

the legislature has thus humanely interfered in behalf of such

individuals as might otherwise have been reduced to great distress by

the past transactions, we hereby, in the most pointed and positive

terms, repeat our prohibition upon this subject, and direct that no

person, being a servant of the Company, or being under our protection,

shall, on any pretence whatever, be concerned in any loan or other money

transaction with any of the country powers, unless with the knowledge

and express permission of our respective governments. And if any of our

servants, or others, being under our protection, shall be discovered in

any respect counteracting these orders, we strictly enjoin you to take

the first opportunity of sending them home to England, to be punished as

guilty of disobedience of orders, and no protection or assistance of the

Company shall be given for the recovery of any loans connected with such

transactions. Your particular attention to this subject is strictly

enjoined; and any connivance on your parts to a breach of our orders

upon it will incur our highest displeasure. In order to put an end to

those intrigues which have been so successfully carried on at the

Nabob's durbar, we repeat our prohibition in the strongest terms

respecting any intercourse between British subjects and the Nabob and

his family; as we are convinced that such an intercourse has been

carried on greatly to the detriment and expense of the Nabob, and merely

to the advantage of individuals. We therefore direct that all persons

who shall offend against the letter and spirit of this necessary order,

whether in the Company's service or under their protection, be forthwith

sent to England.

Approved by the Board.

HENRY DUNDAS,

WALSINGHAM,

W.W. GRENVILLE,

MULGRAVE.

WHITEHALL, 15th Oct. 1784.

* * * * *

_Extract from the Representation of the Court of Directors of the East

India Company._

MY LORDS AND GENTLEMEN,--

It is with extreme concern that we express a difference of opinion with

your right honorable board, in this early exercise of your controlling

power; but in so novel an institution, it can scarce be thought

extraordinary, if the exact boundaries of our respective functions and

duties should not at once, on either side, be precisely and familiarly

understood, and therefore confide in your justice and candor for

believing that we have no wish to invade or frustrate the salutary

purposes of your institution, as we on our part are thoroughly satisfied

that you have no wish to encroach on the legal powers of the East India

Company. We shall proceed to state our objections to such of the

amendments as appear to us to be either insufficient, inexpedient, or

unwarranted.

6th. Concerning the private debts of the Nabob of Arcot, and the

application of the fund of twelve lacs of pagodas per annum.

Under this head you are pleased, in lieu of our paragraphs, to

substantiate at once the justice of all those demands which the act

requires us to investigate, subject only to a right reserved to the

Nabob, or any other party concerned, to question the justice of any debt

falling within the last of the three classes. We submit, that at least

the opportunity of questioning, within the limited time, the justice of

any of the debts, ought to have been fully preserved; and supposing the

first and second classes to stand free from imputation, (as we incline

to believe they do,) no injury can result to individuals from such

discussion: and we further submit to your consideration, how far the

express direction of the act to examine the nature and origin of the

debts has been by the amended paragraphs complied with; and whether at

least the rate of interest, according to which the debts arising from

soucar assignment of the land-revenues to the servants of the Company,

acting in the capacity of native bankers, have been accumulated, ought

not to be inquired into, as well as the reasonableness of the deduction

of twenty-five per cent which the Bengal government directed to be made

from a great part of the debts on certain conditions. But to your

appropriation of the fund our duty requires that we should state our

strongest dissent. Our right to be paid the arrears of those expenses by

which, almost to our own ruin, we have preserved the country and all

the property connected with it from falling a prey to a foreign

conqueror, surely stands paramount to all claims for former debts upon

the revenues of a country so preserved, even if the legislature had not

expressly limited the assistance to be given the private creditors to be

such as should be consistent with our own rights. The Nabob had, long

before passing the act, by treaty with our Bengal government, agreed to

pay us seven lacs of pagodas, as part of the twelve lacs, in liquidation

of those arrears; of which seven lacs the arrangement you have been

pleased to lay down would take away from us more than the half, and give

it to private creditors, of whose demands there are only about a sixth

part which do not stand in a predicament that you declare would not

entitle them to any aid or protection from us in the recovery thereof,

were it not upon grounds of expediency, as will more particularly appear

by the annexed estimate. Until our debt shall be discharged, we can by

no means consent to give up any part of the seven lacs to the private

creditors; and we humbly apprehend that in this declaration we do not

exceed the limits of the authority and rights vested in us.

* * * * *

THE RIGHT HONORABLE THE COMMISSIONERS FOR THE AFFAIRS OF INDIA.

_The Representation of the Court of Directors of the East India

Company_.

My Lords and Gentlemen,--

The Court, having duly attended to your reasonings and decisions on the

subjects of Arnee and Hanamantagoody, beg leave to observe, with due

deference to your judgment, that the directions we had given in these

paragraphs which did not obtain your approbation still appear to us to

have been consistent with justice, and agreeable to the late act of

Parliament, which pointed out to us, as we apprehended, the treaty of

1762 as our guide.

Signed by order of the said Court,

THO. MORTON, _Sec_.

EAST INDIA HOUSE, the 3rd November, 1784.

* * * * *

_Extract of a Letter from the Commissioners for the Affairs of India, to

the Court of Directors, dated 3rd November, 1784, in Answer to their

Remonstrance_.

SIXTH ARTICLE.

We think it proper, considering the particular nature of the subject, to

state to you the following remarks on that part of your representation

which relates to the plan for the discharging of the Nabob's debts.

1st. You compute the revenue which the Carnatic may be expected to

produce only at twenty lacs of pagodas. If we concurred with you in this

opinion, we should certainly feel our hopes of advantage to all the

parties from this arrangement considerably diminished. But we trust that

we are not too sanguine on this head, when we place the greatest

reliance on the estimate transmitted to you by your President of Fort

St. George, having there the best means of information upon the fact,

and stating it with a particular view to the subject matter of these

paragraphs. Some allowance, we are sensible, must be made for the

difference of collection in the Nabob's hands, but, we trust, not such

as to reduce the receipt nearly to what you suppose.

2ndly. In making up the amount of the private debts, you take in

compound interest at the different rates specified in our paragraph.

This it was not our intention to allow; and lest any misconception

should arise on the spot, we have added an express direction that the

debts be made up with simple interest only, from the time of their

respective consolidation. Clause F f.

3rdly. We have also the strongest grounds to believe that the debts will

be in other respects considerably less than they are now computed by

you; and consequently, the Company's annual proportion of the twelve

lacs will be larger than it appears on your estimate. But even on your

own statement of it, if we add to the 150,000_l._, or 3,75,000 pagodas,

(which you take as the annual proportion to be received by the Company

for five years to the end of 1789,) the annual amount of the Tanjore

peshcush for the same period, and the arrears on the peshcush, (proposed

by Lord Macartney to be received in three years,) the whole will make a

sum not falling very short of pagodas 35,00,000, the amount of pagodas

7,00,000 per annum for the same period. And if we carry our calculations

farther, it will appear, that, both by the plan proposed by the Nabob

and adopted in your paragraphs, and by that which we transmitted to you,

the debt from the Nabob, if taken at 3,000,000_l._, will be discharged

nearly at the same period, viz., in the course of the eleventh year. We

cannot, therefore, be of opinion that there is the smallest ground for

objecting to this arrangement, as injurious to the interests of the

Company, even if the measure were to be considered on the mere ground

of expediency, and with a view only to the wisdom of reëstablishing

credit and circulation in a commercial settlement, without any

consideration of those motives of attention to the feelings and honor of

the Nabob, of humanity to individuals, and of justice to persons in your

service and living under your protection, which have actuated the

legislature, and which afford not only justifiable, but commendable

grounds for your conduct.

Impressed with this conviction, we have not made any alteration in the

general outlines of the arrangement which we had before transmitted to

you. But, as the amount of the Nabob's revenue is matter of uncertain

conjecture, and as it does not appear just to us that any deficiency

should fall wholly on any one class of these debts, we have added a

direction to your government of Fort St. George, that, if,

notwithstanding the provisions contained in our former paragraphs, any

deficiency should arise, the payments of what shall be received shall be

made in the same proportion which would have obtained in the division of

the whole twelve lacs, had they been paid.

* * * * *

No. 10.

Referred to from p. 103.

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