did at length give instructions for negociating and making peace with Tippoo, expressly adding, that those instructions extended to all the points, which occurred to him or them as capable of being agitated or gained upon the occasion;-though the said instructions were sent after the said commissioners by the presidency of Fort St. George, with directions to obey them;-though not only the said instructions were obeyed, but advantages gained, which did not occur to the said Warren Hastings; -though the said peace formed a contrast with the Mahratta peace, in neither ceding any territory possessed by the company before the war, or delivering up any dependant or ally to the vengeance of his adversaries, but providing for the restoration of all the countries, that had been taken from the company and their allies;-though the supreme council of Calcutta, forming the legal government of Bengal in the absence of the said Warren Hastings, ratified the said treaty, yet the said Warren Hastings, then absent from the seat of government, and out of the province of Bengal, and forming no legal or integral part of the government during such absence, did, after such ratification, usurp the power of acting as a part of such government (as if actually sitting in council with the other members of the same) in the consideration and unqualified censure of the terms of the said peace. That the nabob of Arcot, with whom the said Hastings did keep up an unwarrantable, clandestine correspondence, without any communication with the presidency of Madras, wrote a letter of complaint, dated the 27th of March 1784, against the presidency of that place, without any communication thereof to the said presidency, the said complaint being addressed to the said Warren Hastings, the substance of which complaint was, that he (the nabob) had not been made a party to the late treaty: and although his interest had been sufficiently provided for in the said treaty, the said Warren Hastings did sign a declaration on the 23d of May, at Lucknow, forming the basis of a new article, and making a new party to the treaty, after it had been by all parties (the supreme council of Calcutta included) completed and ratified, and did transmit the said new stipulation to the presidency at Calcutta solely for the purposes, and at the instigation, of the nabob of Arcot; and the said declaration was made without any previous communication with the presidency aforesaid, and in consequence thereof orders were sent by the council at Calcutta to the presidency of Fort St. George, under the severest threats in case of disobedience; which orders, whatever were their purport, would, as an undue assumption of and participation in the government, from which he was absent, become an high misdemeanour; but, being to the purport of opening the said treaty after its solemn ratification, and proposing a new clause, and a new party to the same, was also an aggravation of such misdemeanour, as it tended to convey to the Indian powers an idea of the unsteadiness of the councils and determinations of the British government, and to take away all reliance on its engagements, and as, above all, it exposed the affairs of the nation and the company to the hazard of seeing renewed all the calamities of war, from whence by the conclusion of the treaty they had emerged, and upon a pretence so weak as that of proposing the nabob of Arcot to be a party to the same-though he had not been made a party by the said Warren Hastings in the Mahratta treaty, which professed to be for the relief of the Carnatick ;-though he was not a party to the former treaty with Hyder, also relative to the Carnatick ;-though it was not certain, if the treaty were once opened, and that even Tippoo should then consent to that nabob's being a party, whether he (the said nabob) would agree to the clauses of the same, and consequently whether the said treaty, once opened, could afterwards be concluded an uncertainty, of which he the said Hastings should have learned to be aware, having already once been disappointed by the said nabob's refusing to accede to a treaty, which he the said Warren Hastings made for him with the Dutch, about a year before. That the said Warren Hastings having broken a solemn and honourable treaty of peace by an unjust and unprovoked war; having neglected to conclude that war when he might have done it without loss of honour to the nation; having plotted and contrived, as far as depended on him, to engage the India company in another war, as soon as the former should be concluded; and having at last put an end to a most unjust war against the Mahrattas by a most ignominious peace with them, in which he sacrificed objects essential to the interests, and submitted to conditions utterly incompatible with the honour, of this nation, and with his own declared sense of the dishonourable nature of those conditions; and having endeavoured to open anew the treaty concluded with Tippoo Sultan, through the means of the presidency of Fort St. George, upon principles of justice and honour, and which established peace in India; and thereby exposing the British possessions there to the renewal of the dangers and calamities of war-has by these several acts been guilty of sundry high crimes and misdemeanours. 66 XXI. CORRESPONDENCE. THAT by an act of the 13th year of His present Majesty, entitled, "An act for establishing certain "regulations for the better management of the "affairs of the East India company, as well in India "as in Europe," "The governour-general and "council are required and directed to pay due obedience to all such orders as they shall receive from "the court of directors of the said united company, "and to correspond from time to time, and con"stantly and diligently transmit to the said court an exact particular of all advices or intelligence, "and of all transactions and matters whatsoever, "that shall come to their knowledge, relating to "the government, commerce, revenues, or interest "of the said united company." That, in consequence of the above-recited act, the court of directors, in their general instructions of the 29th March 1774 to the governour-general and council, did direct, "that the correspondence "with the princes or country powers in India "should be carried on through the governour"general only; but that all letters to be sent by "him should be first approved in council; and "that he should lay before the council, at their "next meeting, all letters received by him in the course of such correspondence for their inform"ation." And the governour-general and council were therein further ordered, "That in transacting the "business of their department they should enter "with the utmost perspicuity and exactness all "their proceedings whatsoever; and all dissents, "if such should at any time be made by any " member of their board, together with all letters spondence; and that broken sets of such pro"ceedings, to the latest period possible, be trans"mitted to them (the court of directors); a complete set at the end of every year, and a duplicate by the next conveyance.' 66 That in defiance of the said orders, and in breach of the above-recited act of parliament, the said Warren Hastings has, in sundry instances, concealed from his council the correspondence carried on between him and the princes or country powers in India, and neglected to communicate the advices and intelligence he from time to time received from the British residents at the different courts in India to the other members of the government; and without their knowledge, counsel, or participation, has dispatched orders on matters of the utmost consequence to the interests of the company. That, moreover, the said Warren Hastings, for the purpose of covering his own improper and dangerous practices from his employers, has withheld from the court of directors, upon sundry occasions, copies of the proceedings had, and the correspondence carried on by him in his official capacity, as governour-general, whereby the court of directors have been kept in ignorance of matters, which it highly imported them to know, and the affairs of the company have been exposed to much inconvenience and injury. That in all such concealments and acts done or ordered without the consent and authority of the supreme council, the said Warren Hastings has been guilty of high crimes and misdemeanours. XXII. RIGHTS OF FYZOOLA KHAN, &c. BEFORE THE TREATY OF LALL-DANG. I. THAT the Nabob Fyzoola Khân, who now holds of the vizier the territory of Rampore, Shawabad, and certain other districts dependent thereon, in the country of the Rohillas, is the second son of a prince, renowned in the history of Hindostan under the name of Ali Mohammed Khân, some time sovereign of all that part of Rohilcund, which is particularly distinguished by the appellation of the Kutteehr. II. That after the death of Ali Mohammed aforesaid, as Fyzoola Khân, together with his elder brother, was then a prisoner of war at a place called Herat, "the Rohilla chiefs took possession "of the ancient estates" of the captive princes; and the Nabob Fyzoola Khân was from necessity compelled to wave his hereditary rights for the inconsiderable districts of Rampore and Shawabad, then estimated to produce from six to eight lacks of annual revenue. fectly consistent with their engagements to the vizier," and strictly consonant to the demands of justice. That in 1774, on the invasion of Rohilcund by the united armies of the vizier Sujah ul Dowlah and the company, the Nabob Fyzoola Khân, "with some of his people, was present at the "decisive battle of St. George," where Hafiz Rhanet, the great leader of the Rohillas, and many others of their principal chiefs were slain;" but, escaping from the slaughter, Fyzoola Khân "made his retreat good towards the mountains, "with all his treasure." He there collected the scattered remains of his countrymen; and as he was the eldest surviving son of Ali Mohammed Khân, as too the most powerful obstacle to his pretensions was now removed by the death of Hafiz, he seems at length to have been generally acknowledged by his natural subjects the undoubted heir of his father's authority. 66 66 66 IV. That," regarding the sacred sincerity and friendship of the English, whose goodness and "celebrity is every where known, who dispossess no one," the Nabob Fyzoola Khân made early overtures for peace to Colonel Alexander Champion, commander-in-chief of the company's forces in Bengal: that he did propose to the said Colonel Alexander Champion, in three letters, received on the 14th, 24th, and 27th of May, to put himself under the protection either of the company or of the vizier, through the mediation, and with the guarantee, of the company; and that he did offer "whatever was conferred upon him, to pay as much without damage or deficiency, as any "other person would agree to do;" stating at the same time his condition and pretensions hereinbefore recited, as facts, "evident as the sun;" and appealing, in a forcible and awful manner, to the generosity and magnanimity of this nation, "by "whose means he hoped in God, that he should "receive justice;" and as "the person who designed the war, was no more;" as " in that he "was himself guiltless ;" and, as " he had never "acted in such a manner as for the vizier to "have taken hatred to his heart against him; that "he might be reinstated in his ancient possessions, the country of his father." V. That on the last of the three dates above mentioned, that is to say, on the 27th of May, the Nabob Fyzoola Khân did also send to the commander-in-chief a vakeel, or ambassadour, who was authorized on the part of him (the Nabob Fyzoola Khân, his master) to make a specifick offer of three propositions; and that by one of the said propositions "an annual encrease of near £400,000 would have accrued to the revenues "of our ally, and the immediate acquisition of "above £300,000 to the company, for their "influence in effecting an accommodation per I. That so great was the confidence of the Nabob Fyzoola Khân in the just, humane, and liberal feelings of Englishmen, as to "lull him into an inactivity" of the most essential detriment to his interests; since, "in the hopes, which he enter"tained from the interposition of our govern"ment," he declined the invitation of the Mogul to join the arms of His Majesty and the Mahrattas, "refused any connexion with the Seiks," and did even neglect to take the obvious precaution of crossing the Ganges, as he had originally intended, while the river was yet fordable, a movement, that would have enabled him certainly to baffle all pursuit, and probably "to keep the vizier in a state of disquietude for the remainder of his "life." 66 posed it very unlikely that the vakeel's propo"sition should be received with indifference;" that he did accordingly refer it to the administration through Warren Hastings, Esquire, then governour of Fort William, and president of Bengal; and he did at the same time enclose to the said Warren Hastings a letter from the Nabob Fyzoola Khân to the said Hastings; which letter does not appear, but must be supposed to have been of the same tenour with those before cited to the commander-in-chief; of which also copies were sent to the said Hastings by the commander-inchief; and he (the commander-in-chief aforesaid) after urging to the said Hastings sundry good and cogent arguments of policy and prudence, in favour of the Nabob Fyzoola Khân, did conclude by wishing for nothing so much as for the adoption of some measure, that might strike "all the powers of the East with admiration of our justice, in contrast to the conduct of the "vizier." 66 VIII. That in answer to such laudable wish of the said commander-in-chief, the president (Warren Hastings) preferring his own prohibited plans of extended dominion to the mild, equitable, and wise policy inculcated in the standing orders of his superiours, and now enforced by the recommendation of the commander-in-chief, did instruct and "desire" him, the said commander-in-chief, “in"stead of soliciting the vizier to relinquish his conquest to Fyzoola Khân, to discourage it as "much as was in his power; although the said Hastings did not once express, or even intimate, any doubt whatever of the Nabob Fyzoola Khân's innocence as to the origin of the war, or of his | gesting his wishes of what might be, in his hopes hereditary right to the territories, which he claimed; of what had been, resolved; and plainly, though but to the said pleas of the Nabob Fyzoola indirectly, instigating the commander-in-chief to Khân, as well as to the arguments both of policy much effusion of blood in an immediate attack on and justice advanced by the commander-in-chief, the Rohillas, posted as they were "in a very he the said Hastings did solely oppose certain "strong situation," and " combating for all." speculative objects of imagined expediency, summing up his decided rejection of the proposals made by the Nabob Fyzoola Khân, in the following remarkable words: 66 XI. That the said Hastings, in the answer aforesaid, did further endeavour to inflame the commanderin-chief against the Nabob Fyzoola Khân, by representing the said nabob as "highly presum"ing, insolent, and evasive;" and knowing the distrust, which the Nabob Fyzoola Khân entertained of the vizier, the said Hastings did " CXpressly desire it should be left wholly to the "vizier to treat with the enemy by his own agents, "and in his own manner;" though he the said Hastings "by no means wished the vizier to lose "time by seeking an accommodation, since it "would be more effectual, more decisive, and more consistent with his dignity, indeed with "his honour, which he has already pledged, to "abide by his first offers to dictate the conditions "of peace, and to admit only an acceptance "without reservation, or a clear refusal from his 66 That in the aforesaid violent and arbitrary position, the said Warren Hastings did avow it to be a publick principle of his government, that no right, however manifest, and no innocence, however unimpeached, could entitle the weak to our protection against others, or save them from our own active endeavours for their oppression, and even extirpation, should they interfere with our notions of political expediency: and that such a principle" adversary;" thereby affecting to hold up, in is highly derogatory to the justice and honour of the English name, and fundamentally injurious to our interests, inasmuch as it hath an immediate tendency to excite distrust, jealousy, fear, and hatred against us among all the subordinate potentates of Hindostan. X. That, in prosecution of the said despotick principle, the president (Warren Hastings aforesaid) did persist to obstruct, as far as in him lay, every advance towards an accommodation between the Vizier Sujah ul Dowlah, and the Nabob Fyzoola Khân; and particularly on the 16th of September, only eight days after the said Hastings, in conjunction with the other members of the select committee of Bengal, had publickly testified his satisfaction in the prospect of an accommodation, and had hoped, that his Excellency (the vizier) "would be disposed to conciliate the affections (of the Rohillas) to his government by acceding "to lenient terms;" he, the said Hastings, did nevertheless write, and without the consent or knowledge of his colleagues did privately dispatch, a certain answer to a letter of the commander-in-chief; in which answer the said Hastings did express other contradictory hopes, namely, that the commander-in-chief had resolved on prosecuting the war to a final issue, "because (as "the said Hastings explains himself) it appears very plainly, that Fyzoola Khân, and his adhe"rents, lay at your mercy; because I apprehend "much inconveniency from delays; and because I am morally certain, that no good will be opposition to, and in exclusion of, the substantial claims of justice, certain ideal obligations of dignity and honour, that is to say, the gratification of pride, and the observance of an arrogant determination once declared. XII. That although the said answer did not reach the commander-in-chief until peace was actually concluded; and although the dangerous consequences to be apprehended from the said answer were thereby prevented, yet by the sentiments contained in the said answer, Warren Hastings, Esquire, did strongly evince his ultimate adherence to all the former violent and unjust principles of his conduct towards the Nabob Fyzoola Khân, which principles were disgraceful to the character, and injurious to the interests, of this nation: and that the said Warren Hastings did thereby, in a particular manner, exclude himself from any share of credit for "the honourable period put to the Rohilla war, which has in some degree done away the reproach so wantonly brought on the English name.' RIGHTS OF FYZOOLA KHÂN UNDER THE I. THAT notwithstanding the culpable and crimi gained by negociating ;"-thereby artfully sug-nal reluctance of the president Hastings, herein before recited, a treaty of peace and friendship | letter to the court of directors, dated April 5th between the Vizier Sujah ul Dowlah and the Na- 1783, represent the clauses of the treaty relative bob Fyzoola Khân was finally signed and sealed, to the stipulated aid, as meaning simply, that Fyon the 7th October 1774, at a place called Lall-zoola Khân "should send 2 or 3,000 men to join Dang, in the presence, and with the attestation of "the vizier's forces, or attend in person in case the British commander-in-chief, Colonel Alexan"it should be requisite." der 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 15 lacks of rupees, or £.150,000 sterling, and upwards. That the Nabob Fyzoola Khân was not positively bound to furnish so many as 3,000 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 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 favourable 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 govern ment, as a "sanction" intended "to add validity" to the treaty: that they the said government, and in particular the said Warren Hastings, 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 past both by the directors and proprietors in the Rohilla war, and the satisfaction expressed by the directors "in "the honourable end put to that war." as the GUARANTEE OF THE TREATY OF THAT during the life of the Vizier Sujah ul |