RIGHTS OF FYZOOLA KHÂN UNDER THE TREATY OF LALL-DANG.
I. That, notwithstanding the culpable and criminal reluctance of the
President, Hastings, hereinbefore recited, a treaty of peace and
friendship between the Vizier Sujah ul Dowlah 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, Colonel 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 lacs of rupees, or 150,000_l._ sterling, and upwards.
II. That by the said treaty the Nabob Fyzoola Khân was established in
the quiet possession of Rampoor, Shahabad, 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 five thousand _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 three thousand 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 two or three thousand 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 single horseman included in the aid which
Fyzoola Khân might furnish would prove a literal compliance with the
stipulation."
VII. That, in the event of any doubt fairly arising from the terms of
the treaty, the Nabob Fyzoola Khân, in consideration of his hereditary
right to the whole country, and the price by him actually paid for the
said treaty, was in equity entitled to the most favorable construction.
VIII. That, from the attestation of Colonel Champion aforesaid, the
government of Calcutta acquired the same right to interpose with the
Vizier for the protection of the Nabob Fyzoola Khân as they, the said
government, had before claimed from a similar attestation of Sir Robert
Barker to assist the Vizier in extirpating the whole nation of the said
Fyzoola Khân,--more especially as in the case of Sir Robert Barker it
was contrary to the remonstrances of the then administration, and the
furthest from the intentions of the said Barker himself, that his
attestation should involve the Company, but the attestation of Colonel
Champion was authorized by all the powers of the government, as a
"sanction" intended "to add validity" to the treaty; that they, the said
government, and in particular the said Warren Hastings, as the first
executive member of the same, were bound by the ties of natural justice
duly to exercise the aforesaid right, if need were; and that their duty
so to interfere was more particularly enforced by the spirit of the
censures passed both by the Directors and Proprietors in the Rohilla
war, and the satisfaction expressed by the Directors "in the honorable
end put to that war."