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 300,000l. or 400,000l. 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 150,000l. 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, occa

sioned 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 300,000l. 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 150,000l. 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.'

PART IX.

FULL VINDICATION OF FYZOOLA KHÂN BY MAJOR PALMER

AND MR. HASTINGS.

I. THAT, in the course of the said negotiation for establishing the rights of the Nabob Fyzoola Khân, Major Palmer aforesaid did communicate to the Resident, Bristow, and through the said Resident to the Council-General of Bengal, the full and direct denial of the Nabob Fyzoola Khân to all and every of the charges made or pretended to be made against him, as follows.

"Fyzoola Khân persists in denying the infringement on his part of any one article in the treaty, or the neglect of any obligation which it imposed upon him.

"He does not admit of the improvements reported to be made in his jaghire, and even asserts that the collections this year will fall short of the original jumma [or estimate] by reason of the long drought.

"He denies having exceeded the limited number of Rohillas in his service;

"And having refused the required aid of cavalry, made by Johnson, to act with General Goddard.

"He observes, respecting the charge of evading the Vizier's requisition for the cavalry lately stationed at Daranagur, to be stationed at Lucknow, that he is not bound by treaty to maintain a stationary force for the service of the Vizier, but to supply an aid of two or three thousand troops in time of war.

"Lastly, he asserts, that, so far from encouraging the ryots [or peasants] of the Vizier to settle in his jaghire, it has been his constant practice to deliver them up to the Aumil of Rohilcund, whenever he could discover them."

II. That, in giving his opinions on the aforesaid denials of the Nabob Fyzoola Khân, the said Palmer did not controvert any one of the constructions of the treaty advanced by the said Nabob.

That, although the said Palmer, "from general appearances as well as universal report, did not doubt that the jumma of the jaghire is greatly increased,” yet he, the said Palmer, did not intimate that it was increased in any degree near the amount reported, as it was drawn out in a regular estimate transmitted to the said Palmer expressly for the purposes of his nego