PECUNIARY COMMUTATION OF THE STIPULATED AID.
I. That on the charges and for the misdemeanors above specified,
together with divers other accusations, the Governor-General, Warren
Hastings, in September, 1782, did remove the aforesaid Middleton from
his office of Resident at Oude, and did appoint thereto John Bristow,
Esquire, whom he had twice before, without cause, recalled from the
same; and that about the same time the said Hastings did believe the
mind of the Nabob Fyzoola Khân to be so irritated, in consequence of the
above-recited conduct of the late Resident, Middleton, and of his, the
said Hastings's, own criminal neglect, that he, the said Hastings, found
it necessary to write to Fyzoola Khân, assuring him "of the favorable
disposition of the government toward him, while he shall not have
forfeited it by any improper conduct"; but that the said assurances of
the Governor-General did not tend, as soon after appeared, to raise much
confidence in the Nabob, over whom a public instrument of the same
Hastings was still holding the terrors of a deprivation of his jaghire,
and an exile "among his other faithless brethren across the Ganges."
II. That, on the subject of Fyzoola Khân, the said Hastings, in his
instructions to the new Resident, Bristow, did leave him to be guided by
his own discretion; but he adds, "Be careful to prevent the Vizier's
affairs from being involved with new difficulties, while he has already
so many to oppress him": thereby plainly hinting at some more decisive
measures, whenever the Vizier should be less oppressed with
difficulties.
III. That the Resident, Bristow, after acquainting the Governor-General
with his intentions, did under the said instructions renew the aforesaid
claim for a sum of money, but with much caution and circumspection,
distantly sounding Allif Khân, the _vakeel_ (or envoy) of Fyzoola Khân
at the court of the Vizier; that "Allif Khân wrote to his master on the
subject, and in answer he was directed not to agree to the granting of
any pecuniary aid."
IV. That the Resident, Bristow, did then openly depute Major Palmer
aforesaid, with the concurrence of the Vizier, and the approbation of
the Governor-General, to the Nabob Fyzoola Khân, at Rampoor; and that
the said Palmer was to "endeavor to convince the Nabob that _all doubts
of his attachment to the Vizier are ceased, and whatever claims may be
made on him are founded upon the basis of his interest and advantage and
a plan of establishing his right to the possession of his jaghire_."
That the sudden ceasing of the said doubts, without any inquiry of the
slightest kind, doth warrant a strong presumption of the Resident's
conviction that they never really existed, but were artfully feigned, as
a pretence for some harsh interposition; and that the indecent mockery
of establishing, as a matter of favor, for a pecuniary consideration,
rights which were never impeached but by the treaty of Chunar, (an
instrument recorded by Warren Hastings himself to be founded on
falsehood and injustice,) doth powerfully prove the true purpose and
object of all the duplicity, deceit, and double-dealing with which that
treaty was projected and executed.
V. That the said Palmer was instructed by the Resident, Bristow, with
the subsequent approbation of the Governor-General, "to obtain from
Fyzoola Khân _an annual tribute_"; to which the Resident adds,--"_If
you can procure from him, over and above this, a peshcush_ [or fine] _of
at least five lacs_, it would be rendering an essential service to the
Vizier, and add to _the confidence his Excellency would hereafter repose
in the attachment of the Nabob Fyzoola Khân_." And that the said
Governor-General, Hastings, did give the following extraordinary ground
of calculation, as the basis of the said Palmer's negotiation for the
annual tribute aforesaid.
"_It was certainly understood_, at the time the treaty was concluded,
(of which this stipulation was a part,) that it applied _solely to
cavalry_: as the Nabob Vizier, possessing the service of our forces,
could not possibly require infantry, and least of all such infantry as
Fyzoola Khân could furnish; and _a single horseman included in the aid
which Fyzoola Khân might furnish would prove a literal compliance with
the said stipulation_. The number, therefore, of horse implied by it
ought at least to be ascertained: _we will suppose five thousand_, and,
allowing the exigency for their attendance to exist only in the
proportion of _one year in five_, reduce the demand to one thousand for
the computation of the subsidy, which, at the rate of _fifty rupees_ per
man, will amount to fifty thousand _per mensem_. This may serve for the
basis of this article in the negotiation upon it."
VI. That the said Warren Hastings doth then continue to instruct the
said Palmer in the alternative of a refusal from Fyzoola Khân. "If
Fyzoola Khân shall refuse to treat for a subsidy, and claim the benefit
of his original agreement in its literal expression, _he possesses a
right which we cannot dispute_, and it will in that case remain only to
fix the precise number of horse which he shall furnish, which ought at
least to exceed twenty-five hundred."
VII. That, in the above-recited instruction, the said Warren Hastings
doth insinuate (for he doth not directly assert),--
1st. That we are entitled by treaty to five thousand troops, which he
says were undoubtedly intended to be all cavalry.
2d. That the said Hastings doth then admit that a single horseman,
included in the aid furnished by Fyzoola Khân, would prove a literal
compliance.
3d. That the said Hastings doth next resort again to the supposition of
our right to the whole five thousand cavalry.
4th. That the said Hastings doth afterwards think, in the event of an
explanation of the treaty, and a settlement of the proportion of
cavalry, instead of a pecuniary commutation, it will be all we can
demand that the number should _at least exceed twenty-five hundred_.
5th. That the said Hastings doth, in calculating the supposed time of
their service, assume an arbitrary estimate of one year of war to four
of peace; which (however moderate the calculation may appear on the
average of the said Hastings's own government) doth involve a principle
in a considerable degree repugnant to the system of perfect peace
inculcated in the standing orders of the Company.
6th. That, in estimating the pay of the cavalry to be commuted, the
said Hastings doth fix the pay of each man at fifty rupees a month;
which on five thousand troops, all cavalry, (as the said Hastings
supposes the treaty of Lall-Dang to have meant,) would amount to an
expense of thirty lacs a year, or between 300,000_l._ or 400,000_l._ And
this expense, strictly resulting (according to the calculations of the
said Hastings) from the intention of Sujah ul Dowlah's grant to Fyzoola
Khân, was designed to be supported out of a jaghire valued at fifteen
lacs only, or something more than 150,000_l._ of yearly revenue, just
half the amount of the expense to be incurred in consideration of the
said jaghire.
And that a basis of negotiation so inconsistent, so arbitrary, and so
unjust is contrary to that uprightness and integrity which should mark
the transactions of a great state, and is highly derogatory to the honor
of this nation.
VIII. That, notwithstanding the seeming moderation and justice of the
said Hastings in admitting the clear and undoubted right of Fyzoola Khân
to insist on his treaty, the head of instruction immediately succeeding
doth afford just reason for a violent presumption that such apparent
lenity was but policy, to give a color to his conduct: he, the said
Hastings, in the very next paragraph, bringing forth a new engine of
oppression, as follows.
"To demand the surrender of all the ryots [or peasants] of the Nabob
Vizier's dominions to whom Fyzoola has given protection and service, _or
an annual tribute in compensation for the loss sustained by the Nabob
Vizier in his revenue thus transferred to Fyzoola Khân_.
"You have stated the increase of his jaghire, occasioned by this act,
at the moderate sum of fifteen lacs. _The tribute ought at least to be
one third of that amount_.
"We conceive that Fyzoola Khân himself may be disposed to yield to the
preceding demand, on the additional condition of being allowed to hold
his lands in _ultumgaw_ [or an inheritable tenure] instead of his
present tenure by _jaghire_ [or a tenure for life]. This we think the
Vizier can have no objection to grant, and we recommend it; _but for
this a fine, or peshcush, ought to be immediately paid, in the customary
proportion of the jumma, estimated at thirty lacs_."
IX. That the Resident, Bristow, (to whom the letter containing Major
Palmer's instructions is addressed,) nowhere attributes the increase of
Fyzoola Khân's revenues to this protection of the fugitive ryots,
subjects of the Vizier; that the said Warren Hastings was, therefore,
not warranted to make that a pretext of such a peremptory demand. That,
as an inducement to make Fyzoola Khân agree to the said demand, it is
offered to settle his lands upon a tenure which would secure them to his
children; but that settlement is to bring with it a new demand of a fine
of thirty lacs, or 300,000_l._ and upwards; that the principles of the
said demand are violent and despotic, and the inducement to acquiescence
deceitful and insidious; and that both the demand and the inducement are
derogatory to the honor of this nation.
X. That Major Palmer aforesaid proceeded under these instructions to
Rampoor, where his journey "_to extort a sum of money_" was previously
known from Allif Khân, vakeel of Fyzoola Khân at the Vizier's court; and
that, notwithstanding the assurances of the friendly disposition of
government given by the said Hastings, (as is herein related,) the Nabob
Fyzoola Khân did express the most serious and desponding apprehensions,
both by letter and through his vakeel, to the Resident, Bristow, who
represents them to Major Palmer in the following manner.
"The Nabob Fyzoola Khân complains of the distresses he has this year
suffered from the drought. The whole collections have, with great
management, amounted to about twelve lacs of rupees, from which sum he
has to support his troops, his family, and several relations and
dependants of the late Rohilla chiefs. _He says, it clearly appears to
be intended to deprive him of his country, as the high demand you have
made of him is inadmissible._ Should he have assented to it, it would be
impossible to perform the conditions, and then his reputation would be
injured by a breach of agreement. _Allif Khân further represents, that
it is his master's intention, in case the demand should not be
relinquished by you, first to proceed to Lucknow, where he proposes
having an interview with the Vizier and the Resident; if he should not
be able to obtain his own terms for a future possession of his jaghire,
he will set off for Calcutta in order to pray for justice from the
Honorable the Governor-General._ He observes, it is the custom of the
Honorable Company, when they deprive a chief of his country, to grant
him some allowance. This he expects from Mr. Hastings's bounty; _but if
he should be disappointed, he will certainly set off upon a pilgrimage
to Mecca and Medina, and renounce the cares of the world_.--_He directs
his vakeel to ascertain whether the English intend to deprive him of his
country_; for if they do, he is ready to surrender it, upon receiving an
order from the Resident."
XI. That, after much negotiation, the Nabob Fyzoola Khân, "being fully
sensible that an engagement to furnish military aid, _however clearly
the conditions might be stated, must be a source of perpetual
misunderstanding and inconveniencies_," did at length agree with Major
Palmer to give fifteen lacs, or 150,000_l._ and upwards, by four
instalments, that he might be exempted from all future claims of
military service; that the said Palmer represents it to be his belief,
"_that no person, not known to possess your_ [the said Hastings's]
_confidence and support in the degree that I am supposed to do_, would
have obtained nearly so good terms"; but from what motive "terms so
good" were granted, and how the confidence and support of the said
Hastings did truly operate on the mind of Fyzoola Khân, doth appear to
be better explained by another passage in the same letter, where the
said Palmer congratulates himself on _the satisfaction which he gave to
Fyzoola Khân_ in the conduct of this negotiation, as he spent a month in
order to effect "by argument and persuasion _what he could have obtained
in an hour by threats and compulsions_."