PART III.

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.

The Works of the Right Honourable Edmund Burke, Vol. 09 (of 12) · 第 3 / 11 章