GUARANTY OF THE TREATY OF LALL-DANG.
I. That during the life of the Vizier Sujah ul Dowlah, and for some time
after his death, under his son and successor, Asoph ul Dowlah, the Nabob
Fyzoola Khân did remain without disturbance or molestation; that he did
all the while imagine his treaty to be under the sanction of the
Company, from Colonel Champion's affixing his signature thereto as a
witness, "which signature, as he [Fyzoola Khân] supposed," (rendered the
Company the _arbitrators_) between the Vizier and himself, in case of
disputes; and that, being "a man of sense, but _extreme pusillanimity_,
a good farmer, fond of wealth, _not possessed of the passion of
ambition_," he did peaceably apply himself to "improve the state of his
country, and did, _by his own prudence and attention_, increase the
revenues thereof beyond the amount specified in Sujah ul Dowlah's
grant."
II. That in the year 1777, and in the beginning of the year 1778, being
"alarmed at the young Vizier's resumption of a number of jaghires
granted by his father to different persons, and the injustice and
oppression of his conduct in general," and having now learned (from whom
does not appear, but probably from some person supposed of competent
authority) that Colonel Champion formerly witnessed the treaty as a
private person, the Nabob Fyzoola Khân did make frequent and urgent
solicitations to Nathaniel Middleton, Esquire, then Resident at Oude,
and to Warren Hastings aforesaid, then Governor-General of Bengal, "for
a renovation of his [the Nabob Fyzoola Khân's] treaty with the late
Vizier, and the guaranty of the Company," or for a "separate agreement
with the Company for his defence": considering them, the Company, as
"the only power in which he had confidence, and to which he could look
up for protection."
III. That the said Resident Middleton, and the said Governor-General
Hastings, did not, as they were in duty bound to do, endeavor to allay
the apprehensions of the Nabob Fyzoola Khân by assuring him of his
safety under the sanction of Colonel Champion's attestation aforesaid,
but by their criminal neglect, if not by positive expressions, (as there
is just ground from their subsequent language and conduct to believe,)
they, the said Middleton and the said Hastings, did at least keep alive
and confirm (whoever may have originally suggested) the said
apprehension; and that such neglect alone was the more highly culpable
in the said Hastings, inasmuch as he, the said Hastings, in conjunction
with other members of the Select Committee of the then Presidency of
Bengal, did, on the 17th of September, 1774, write to Colonel Champion
aforesaid, publicly authorizing him, the said Colonel Champion, to join
his _sanction_ to the accommodations agreed on between the Vizier Sujah
ul Dowlah and the Nabob Fyzoola Khân, _to add to their validity_,--and
on the 6th of October following did again write to the said Colonel
Champion, more explicitly, to join his sanction, "either by attesting
the treaty, or _acting as guaranty_ on the part of the Company for the
performance of it": both which letters, though they did not arrive until
after the actual signature of the said Colonel Champion, do yet
incontrovertibly mark the solemn intention of the said Committee (of
which the said Hastings was President) that the sanction of Colonel
Champion's attestation should be regarded as a public, not a private,
sanction; and it was more peculiarly incumbent on such persons, who had
been members of the said Committee, so to regard the same.
IV. That the said Warren Hastings was further guilty of much criminal
concealment for the space of "twelve months," inasmuch as he did not lay
before the board the frequent and urgent solicitations which he, the
said Hastings, was continually receiving from the Nabob Fyzoola Khân,
until the 9th of March, 1778; on which day the said Hastings did
communicate to the Council a public letter of the aforesaid Middleton,
Resident at Oude, acquainting the board that he, the said Middleton,
taking occasion from a late application of Fyzoola Khân for the
Company's guaranty, had deputed Mr. Daniel Octavus Barwell (Assistant
Resident at Benares, but then on a visit to the Resident Middleton at
Lucknow) to proceed with a special commission to Rampoor, there to
inquire on the spot into the truth of certain reports circulated to the
prejudice of Fyzoola Khân, which reports, however, the said Middleton
did afterwards confess himself to have "_always_" _thought_ "_in the
highest degree improbable_."
That the said Resident Middleton did "request to know whether, on proof
of Fyzoola Khân's innocence, the honorable board would be pleased to
grant him [the Resident] permission to comply with his [Fyzoola Khân's]
request of the Company's guarantying his treaty with the Vizier." And
the said Middleton, in excuse for having irregularly "availed himself of
the abilities of Mr. Daniel Barwell," who belonged to another station,
and for deputing him with the aforesaid commission to Rampoor without
the previous knowledge of the board, did urge the plea "_of immediate
necessity_"; and that such plea, if the necessity really existed, was a
strong charge and accusation against the said Warren Hastings, from
whose criminal neglect and concealment the urgency of such necessity did
arise.
V. That the Governor-General, Warren Hastings aforesaid, did immediately
move, "that the board approve the deputation of Mr. Daniel Barwell, and
that the Resident [Middleton] be authorized to offer the Company's
guaranty for the observance of the treaty subsisting between the Vizier
and Fyzoola Khân, provided it meets with the Vizier's concurrence"; and
that the Governor-General's proposition was resolved in the affirmative:
the usual majority of Council then consisting of Richard Barwell,
Esquire, a near relation of Daniel Octavus Barwell aforesaid, and the
Governor-General, Warren Hastings, who, in case of an equality, had the
casting voice.
VI. That, on receiving from Mr. Daniel Barwell full and early assurance
of Fyzoola Khân's "having preserved every article of his treaty
inviolate," the Resident, Middleton, applied for the Vizier's
concurrence, which was readily obtained,--the Vizier, however,
"_premising_, that he gave his consent, taking it for granted, that, on
Fyzoola Khân's receiving the treaty and _khelaut_ [or robe of honor], he
was to make him a return of the complimentary presents usually offered
on such occasions, and _of such an amount as should be a manifestation
of Fyzoola Khân's due sense of his friendship, and suitable to his
Excellency's rank to receive_"; and that the Resident, Middleton, "did
make himself in some measure responsible for the said presents being
obtained," and did write to Mr. Daniel Barwell accordingly.
VII. That, agreeably to the resolution of Council hereinbefore recited,
the solicited guaranty, under the seal of the Resident, Middleton, thus
duly authorized on behalf of the Company, was transmitted, together with
the renewed treaty, to Mr. Daniel Barwell aforesaid at Rampoor, and that
they were both by him, the said Barwell, presented to the Nabob Fyzoola
Khân, with a solemnity not often paralleled, "in the presence of the
greatest part of the Nabob's subjects, who were assembled, that the
ceremony might create a full belief in the breasts of all his people
that the Company would protect him as long as he strictly adhered to the
_letter_ of his treaty."
VIII. That, in the conclusion of the said ceremony, the Nabob Fyzoola
Khân did deliver to the said Barwell, for the use of the Vizier, a
_nuzzer_ (or present) of elephants, horses, &c., and did add thereto a
lac of rupees, or 10,000_l._ and upwards: which sum the said Barwell,
"not being authorized to accept any pecuniary consideration, did at
first refuse; but upon Fyzoola Khân's urging, that on such occasions it
was the invariable custom of Hindostan, and _that it must on the present
be expected, as it had been formerly the case_," (but when does not
appear,) he, the said Barwell, did accept the said lac in the name of
the Vizier, our ally, "in whose wealth" (as Warren Hastings on another
occasion observed) "we should participate," and on whom we at that time
had an accumulating demand.
IX. That, over and above the lac of rupees thus presented to the Vizier,
the Nabob Fyzoola Khân did likewise offer one other lac of rupees, or
upwards of 10,000_l._ more, for the Company, "as some acknowledgment of
the obligation he received; that, although such acknowledgment was not
pretended to be the invariable custom of Hindostan on such occasions,
however it might on the present be expected," Mr. Daniel Barwell
aforesaid (knowing, probably, the disposition and views of the then
actual government at Calcutta) did not, _even at first_, decline the
said offer, but, as he was not empowered to accept it, did immediately
propose taking a bond for the amount, until the pleasure of the board
should be known.
That the offer was accordingly communicated by the said Barwell to the
Resident, Middleton, to be by him, the Resident, referred to the board,
and that it was so referred; that, in reply to the said reference of the
Resident, Middleton, the Governor-General, Warren Hastings, did move and
carry a vote of Council, "authorizing Mr. Middleton to accept the offer
made by Fyzoola Khân to the Company of one lac of rupees," without
assigning any reason whatever in support of the said motion,
notwithstanding it was objected by a member of the board, "that, if the
measure was right, it became us to adopt it without such a
consideration," and that "our accepting of the lac of rupees as a
recompense for our interposition is beneath the dignity of this
government [of Calcutta], and will discredit us in the eyes of the
Indian powers."
That the acceptance of the said sum, in this circumstance, was beneath
the dignity of the said government, and did tend so to discredit us; and
that the motion of the said Hastings for such acceptance was therefore
highly derogatory to the honor of this nation.
X. That the aforesaid member of the Council did further disapprove
altogether of the guaranty, "as unnecessary"; and that another member of
Council, Richard Barwell, Esquire, the near relation of Daniel Octavus
Barwell, hereinbefore named, did declare, (but after the said guaranty
had taken place,) that "this government [of Calcutta] was in fact
engaged by Colonel Champion's signature being to the treaty with Fyzoola
Khân." That the said unnecessary guaranty did not only subject to an
heavy expense a prince whom we were bound to protect, but did further
produce in his mind the following obvious and natural conclusion,
namely, "_that the signature of any person, in whatever public capacity
he at present appears, will not be valid and of effect, as soon as some
other shall fill his station_": a conclusion, however, immediately
tending to the total discredit of all powers delegated from the board to
any individual servant of the Company, and consequently to clog,
perplex, and embarrass in future all transactions carried on at a
distance from the seat of government, and to disturb the security of
all persons possessing instruments already so ratified,--yet the only
conclusion left to Fyzoola Khân which did not involve some affront
either to the private honor of the Company's servants or to the public
honor of the Company itself; and that the suspicions which originated
from the said idea in the breast of Fyzoola Khân to the prejudice of the
Resident Middleton's authority did compel the Governor-General, Warren
Hastings, to obviate the bad effects of his first motion for the
guaranty by a second motion, namely, "That a letter be written to
Fyzoola Khân from myself, _confirming the obligations of the Company as
guaranties_ to the treaty formed between him and the Vizier,--which will
be equivalent in its effect, though not in form, to an engagement sent
him with the Company's seal affixed to it."
XII.[23] That, whether the guaranty aforesaid was or was not necessary,
whether it created a new obligation or but more fully recognized an
obligation previously existing, the Governor-General, Warren Hastings,
by the said guaranty, did, in the most explicit manner, pledge and
commit the public faith of the Company and the nation; and that by the
subsequent letter of the said Hastings (which he at his own motion
wrote, confirming to Fyzoola Khân the aforesaid guaranty) the said
Hastings did again pledge and commit the public faith of the Company and
the nation, in a manner (as the said Hastings himself remarked)
"equivalent to an engagement with the Company's seal affixed to it," and
more particularly binding the said Hastings personally to exact a due
observance of the guarantied treaty, especially to protect the Nabob
Fyzoola Khân against any arbitrary construction or unwarranted
requisition of the Vizier.