Chapter 12

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 Khan 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 Khan, 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 Khan, 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 Khan, the _vakeel_ (or envoy) of Fyzoola Khan at the court of the Vizier; that "Allif Khan 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 Khan, 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 Khan _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 Khan_." 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 Khan could furnish; and _a single horseman included in the aid which Fyzoola Khan 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 Khan. "If Fyzoola Khan 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 Khan, 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 Khan, 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 Khan 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 Khan_.

"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 Khan 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 Khan'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 Khan 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 Khan, vakeel of Fyzoola Khan 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 Khan 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 Khan 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 Khan 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 Khan, "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 Khan, 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 Khan_ 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_."