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 23rd 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 stipu lation 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 a 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 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 earned to be aware, having already once been disappointed by the said Nabob's refusing to accede to a treaty, which he he said Warren Hastings made for him with the Dutch, bout a year before.

That the said Warren Hastings having broken a sole and honourable treaty of peace by an unjust and unprovol war; having neglected to conclude that war when he mi have done it without loss of honour to the nation; hav plotted and contrived, as far as depended on him, to enga the India Company in another war, as soon as the form should be concluded; and having at last put an end to a m unjust war against the Mahrattas by a most ignomini peace with them, in which he sacrificed objects essential the interests, and submitted to conditions utterly inco patible with the honour, of this nation, and with his own clared sense of the dishonourable nature of those condition and having endeavoured to open anew the treaty conclud with Tippoo Sultan, through the means of the presidency Fort St. George, upon principles of justice and honour, a which established peace in India; and thereby exposing t British possessions there to the renewal of the dangers ar calamities of war-has by these several acts been guilty sundry high crimes and misdemeanours.

XXI. CORRESPONDENCE.

THAT by an act of the 13th year of his present Majesty entitled, "An act for establishing certain regulations for th 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 al such orders as they shall receive from the court of director of the said united Company, and to correspond from time to time, and constantly and diligently transmit to the said cour 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 despatched 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 misdemeanours.

XXII. RIGHTS OF FYZOOLA KHAN, &c. BEFOR THE TREATY OF LALL-DANG.

I.

THAT the Nabob Fyzoola Khân, who now holds of the vizie the territory of Rampore, Shawabad, and certain other dis tricts dependent thereon, in the country of the Rohillas, i the second son of a prince, renowned in the history of Hin dostan 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 Khan, 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 Rampore and Shawabad, then estimated to produce from six to eight lacks 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 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 acknow. ledged 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 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 herein before recited, as facts, "evident as the sun;" and appealing, in a forcible and awful manner, to the generosity and magnaninity 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 66 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 ambassador, who was authorized on the part of him (the Nabob Fyzoola Khân, his master) to make a specific offer of three propositions; and that by one of the said propositions" an annual increase 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 perfectly consistent with their engagements to the vizier,” and strictly consonant to the demands of justice.

VI.

That so great was the confidence of the Nabob Fyzoola Chân in the just, humane, and liberal feelings of Englishmen, s to "lull him into an inactivity" of the most essential