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ings in the Mahratta treaty, which professed to be for the relief of the Carnatic, — though he was not a party to the former treaty with Hyder, also relative to the Carnatic, — 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 honorable treaty of peace by an unjust and unprovoked war, — having neglected to conclude that war when he might have done it without loss of honor 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 honor of this nation, and with his own declared sense of the dishonorable nature of those conditions, - and having endeavored to open anew the treaty concluded with Tippoo Sultan through the means of the Presidency of Fort St. George, upon principles of justice and honor, 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 misdemeanors.
XXI. - CORRESPONDENCE.
That, by an act of the 13th year of his present Majesty, intituled, “ 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 Governor-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 constantly 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 Governor-General and Council, did direct, “that the correspondence with the princes or country powers in India should be carried on through the Governor-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 information."
And the Governor-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 sent or received in the course of their correspondence; and that broken sets of such proceedings, to the latest period possible, be transmitted to them (the Court of Directors], a complete set at the end of every year, and a duplicate by the next conveyance."
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 Governor-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 misdemeanors.
RIGHTS OF FYZOOLA KHÂN, ETC., BEFORE THE TREATY OF
I. That the Nabob Fyzoola Khân, who now holds of the Vizier the territory of Rampoor, Shahabad, 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 distin. guished 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 waive his hereditary rights for the inconsiderable districts of Rampoor and Shahabad, then estimated to produce from six to eight lacs of annual revenue.
III. 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 Rhamet, 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.
IV. That, “regarding the sacred sincerity and friendship of the English, whose goodness and celebrity is everywhere 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 guaranty 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 men