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tiation, which was of course by him produced to the Nabob Fyzoola Khân, and to which specifically the denial of Fyzoola Khân must be understood to apply.
That the said Palmer did not hint any doubt of the deficiency affirmed by Fyzoola Khân in the collections for the current year : and,
That, if any increase of jumma did truly exist, whatever it may have been, the said Palmer did acknowledge it “ to have been solemnly relinquished (in a private agreement) by the Vizier.”
That, although the said Palmer did suppose the number of Rohillas (employed “in ordinary occupations) in Rampoor alone to exceed that limited by the treaty for his [Fyzoola Khân's] service,” yet the said Palmer did by no means imply that the Nabob Fyzoola Khân maintained in his service a single man more than was allowed by treaty ; and by a particular and minute account of the troops of Fyzoola Khân, transmitted by the Resident, Bristow, to the said Palmer, the number was stated but at 5,840, probably including officers, who were not understood to be comprehended in the treaty.
That the said Palmer did further .admit it to be not clearly expressed in the treaty, whether the restriction included Rohillas of all descriptions"; but, at any rate, he adds," it does not appear that their number is formidable, or that he [Fyzoola Khân] could by any means subsist such numbers as could cause any serious alarm to the Vizier ; neither is there any appearance of their entertaining any views beyond the quiet possession of the advantages which they at present enjoy."
And that, in a subsequent letter, in which the said Palmer thought it prudent “ to vindicate him. self from any possible insinuation that he meant to sacrifice the Vizier's interest,” he, the said Palmer, did positively attest the new claim on Fyzoola Khân for the protection of the Vizier's ryots to be wholly without foundation, as the Nabob Fyzoola Khân “had proved to him [Palmer], by producing receipts of various dates and for great numbers of these people surrendered upon requisition from the Vizier's officers."
III. That, over and above the aforesaid complete refutation of the different charges and pretexts under which exactions had been practised, or attempted to be practised, on the Nabob Fyzoola Khân, the said Palmer did further condemn altogether the principle of calculation assumed in such exactions (even if they had been founded in justice) by the following explanation of the nature of the tenure by which, under the treaty of Lall-Dang, the Nabob Fyzoola Khân held his possessions as a jaghiredar.
“There are no precedents in the ancient usage of the country for ascertaining the nuzzerana [customary present] or peshcush [regular fine] of grants of this nature: they were bestowed by the prince as rewards or favors ; and the accustomary present in return was adapted to the dignity of the donor rather than to the value of the gift, - to which it never, I believe, bore any kind of proportion.'
IV. That a sum of money (which of course was to be received by the Company”) being now obtained, and the “ interests both of the Company and the Vizier” being thus much “better promoted” by
establishing the rights" of Fyzoola Khân than they could have been by “depriving him of his independency,” when every undue influence of secret and criminal purposes was removed from the mind of the Governor-General, Warren Hastings, Esquire, he, the said Hastings, did also concur with his friend and agent, Major Palmer, in the vindication of the Nabob Fyzoola Khân, and in the most ample manner.
That the said Warren Hastings did now clearly and explicitly understand the clauses of the treaty, " that Fyzoola Khân should send two or three (and not five] thousand men, or attend in person, in case it was requisite."
That the said Warren Hastings did now confess that the right of the Vizier under the treaty was at best “but a precarious and unserviceable right; and that he thought fifteen lacs, or 150,0001. and upwards, an ample equivalent," (or, according to the expression of Major Palmer, an excellent bargain,) as in truth it was, “ for expunging an article of such a tenor and so loosely worded.”
And, finally, that the said Hastings did give the following description of the general character, disposition, and circumstances of the Nabob Fyzoola Khân.
“ The rumors which had been spread of his hostile designs against the Vizier were totally groundless, and if he had been inclined, he had not the means to make himself formidable; on the contrary, being in the decline of life, and possessing a very fertile and prosperous jaghire, it is more natural to suppose that Fyzoola Khân wishes to spend the remainder of his days in quietness than that he is preparing to embark in active and offensive scenes which must end in his own destruction."
V. Yet that, notwithstanding this virtual and implied crimination of his whole conduct toward the Nabob Fyzoola Khân, and after all the aforesaid acts systematically prosecuted in open violation of a positive treaty against a prince who had an hereditary right to more than he actually possessed, for whose protection the faith of the Company and the nation was repeatedly pledged, and who had deserved and obtained the public thanks of the British government, when, in allusion to certain of the said acts, the Court of Directors had expressed to the said Hastings their wishes “ to be considered rather as the guardians of the honor and property of the native powers than as the instruments of oppression,” he, the said Hastings, in reply to the said Directors, his masters, did conclude his official account of the final settlement with Fyzoola Khân with the following indecent, because unjust, exultation :
“ Such are the measures which we shall ever wish to observe towards our allies or dependants upon our frontiers."
EIGHTH AND SIXTEENTH CHARGES.*
Copy of a Letter from Warren Hastings, Esquire, to Wil
liam Devaynes, Esquire, Chairman of the Court of Directors of the East India Company, dated Cheltenham, 11th of July, 1785, and printed by order of the House of Commons.
To William Devaynes, Esquire, Chairman of the Hon.
orable the Court of Directors. - The Honorable Court of Directors, in their SI
general letter to Bengal by the “Surprise,” dated the 16th March, 1784, were pleased to express their desire that I should inform them of the periods when each sum of the presents mentioned in my address of the 22d May, 1782, was received, what were my motives for withholding the several receipts from the knowledge of the Council, or of the Court of Directors, and what were my reasons for taking bonds for part of these sums, and for paying other sums into the treasury as deposits on my own account.
I have been kindly apprised that the information required as above is yet expected from me.
* As the letter referred to in the Eighth and Sixteenth Articles of Charge is not contained in any of the Appendixes to the Reports of the Select Committee, it has been thought necessary to annex it as an Appendix to these Charges.