whether of horse or foot, or in what proportion of both; but that it is the recorded opinion, maturely formed by the said Hastings and his council in January, 1783, that even "a single horseman included in the aid, which Fyzoola Khân might furnish, would prove a literal compliance with the stipulation."

VII.

That, in the event of any doubt fairly arising from the terms of the treaty, the Nabob Fyzoola Khân, in consideration of his hereditary right to the whole country, and the price by him actually paid for the said treaty, was in equity entitled to the most favourable construction.

VIII.

That, from the attestation of Colonel Champion aforesaid, the government of Calcutta acquired the same right to interpose with the vizier for the protection of the Nabob Fyzoola Khân, as they the said government had before claimed from a similar attestation of Sir Robert Barker to assist the vizier in extirpating the whole nation of the said Fyzoola Khân; more especially as in the case of Sir Robert Barker it was contrary to the remonstrances of the then administration, and the furthest from the intentions of the said Barker himself, that his attestation should involve the Company; but the attestation of Colonel Champion was authorized by all the powers of the government, as a "sanction" intended "to add validity" to the treaty: that they the said government, and in particular the said Warren Hastings, as the first executive member of the same, were bound by the ties of natural justice duly to exercise the aforesaid right, if need were; and that their duty so to interfere was more particularly enforced by the spirit of the censures past both by the directors and proprietors in the Rohilla war, and the satisfaction expressed by the directors "in the honourable end put to that war."

GUARANTEE OF THE TREATY OF LALL-DANG.

THAT during the life of the Vizier Sujah ul Dowlah, and for some time after his death, under his son and successor

Asoph ul Dowlah, the Nabob Fyzoola Khân did rema without disturbance or molestation: that he did all t while imagine his treaty to be under the sanction of t Company from Colonel Champion's affixing his signatu thereto as a witness, "which signature, as he (Fyzoola Khâi supposed," rendered the Company the arbitrators betwee the vizier and himself, in case of disputes; and that bein a man of sense, but extreme pusillanimity, a good farme fond of wealth, not possessed of the passion of ambition," did peaceably apply himself to "improve the state of h country; and did by his own prudence and attention, increas the revenues thereof beyond the amount specified in Suja ul Dowlah's grant."

66

II.

That in the year 1777, and in the beginning of the yea 1778, being "alarmed at the young vizier's resumption of number of jaghires granted by his father to different persons and the injustice and oppression of his conduct in general;' and having now learned (from whom does not appear, bu probably from some person supposed of competent authority) that Colonel Champion formerly witnessed the treaty as a private person, the Nabob Fyzoola Khân did make frequent and urgent solicitations to Nathaniel Middleton, Esquire. then resident at Oude, and to Warren Hastings aforesaid, then governor-general of Bengal, "for a renovation of his (the Nabob Fyzoola Khân's) treaty with the late vizier, and the guarantee of the Company," or for a "separate agreement with the Company for his defence;" considering them (the Company) as "the only power, in which he had confidence, and to which he could look up for protection.”

III.

That the said resident Middleton, and the said governorgeneral Hastings, did not, as they were in duty bound to do, endeavour to allay the apprehensions of the Nabob Fyzoola Khân by assuring him of his safety under the sanction of Colonel Champion's attestation aforesaid; but by their criminal neglect, if not by positive expressions, (as there is just ground from their subsequent language and conduct to believe,) they, the said Middleton and the said Hastings, did

at least keep alive and confirm (whoever may have originally suggested) the said apprehension; and that such neglect alone was the more highly culpable in the said Hastings, inasmuch as he the said Hastings, in conjunction with other members of the select committee of the then presidency of Bengal, did, on the 17th of September, 1774, write to Colonel Champion aforesaid, publicly authorizing him the said Colonel Champion to join his sanction to the accommodations agreed on (between the Vizier Sujah ul Dowlah and the Nabob Fyzoola Khân) to add to their validity; and on the 6th of October following did again write to the said Colonel Champion more explicitly, to join his sanction, "either by attesting the treaty, or acting as guarantee on the part of the Company for the performance of it;" both which letters, though they did not arrive until after the actual signature of the said Colonel Champion, do yet incontrovertibly mark the solemn intention of the said committee, (of which the said Hastings was president,) that the sanction of Colonel Champion's attestation should be regarded as a public, not a private, sanction; and it was more peculiarly incumbent on such persons, who had been members of the said committee, so to regard the same.

IV.

That the said Warren Hastings was further guilty of much criminal concealment for the space of "twelve months," inasmuch as he did not lay before the board the frequent and urgent solicitations, which he the said Hastings was continually receiving from the Nabob Fyzoola Khân, until the 9th of March, 1778: on which day the said Hastings did communicate to the council a public letter of the aforesaid Midleton, resident at Oude, acquainting the board, that he (the aid Middleton) taking occasion from a late application of yzoola Khân for the Company's guarantee, had deputed Mr. Daniel Octavus Barwell (assistant resident at Benares, but en on a visit to the resident Middleton at Lucknow) to roceed with a special commission to Rampore, there to inire on the spot into the truth of certain reports circuted to the prejudice of Fyzoola Khân, which reports hower the said Middleton did afterwards confess himself to ve "always" thought "in the highest degree improbable.”

That the said resident Middleton did "request to kn whether, on proof of Fyzoola Khân's innocence, the hono able board would be pleased to grant him (the resident) p mission to comply with his (Fyzoola Khân's) request of t Company's guaranteeing his treaty with the vizier." And t said Middleton, in excuse for having irregularly "avail himself of the abilities of Mr. Daniel Barwell," who belon ed to another station, and for deputing him with the afor said commission to Rampore without the previous knowled of the board, did urge the plea "of immediate necessity. and that such plea, if the necessity really existed, was strong charge and accusation against the said Warren Ha ings, from whose criminal neglect and concealment the u gency of such necessity did arise.

V.

That the governor-general, Warren Hastings aforesai did immediately move, "that the board approve the deput tion of Mr. Daniel Barwell, and that the resident (Middl ton) be authorized to offer the Company's guarantee for th observance of the treaty subsisting between the vizier an Fyzoola Khan, provided it meets with the vizier's concu rence; and that the governor-general's proposition w resolved in the affirmative; the usual majority of counc then consisting of Richard Barwell, Esquire, a near relatio of Daniel Octavus Barwell aforesaid, and the governo general Warren Hastings, who, in case of an equality, ha the casting voice.

VI.

That on receiving from Mr. Daniel Barwell full and ear assurance of Fyzoola Khân's "having preserved every artic of his treaty inviolate," the resident Middleton applied fo the vizier's concurrence, which was readily obtained; th vizier however premising, that he gave his consent, “takin it for granted, that on Fyzoola Khân's receiving the treaty and khelaut, (or robe of honour,) he was to make him a re turn of the complimentary presents usually offered on suc occasions, and of such an amount as should be a manifestatio of Fyzoola Khan's due sense of his friendship, and suitable t his Excellency's rank to receive ; and that the resident Mid

dleton "did make himself in some measure responsible for the said presents being obtained," and did write to Mr. Daniel Barwell accordingly.

VII.

That, agreeably to the resolution of council herein before recited, the solicited guarantee, under the seal of the resi dent Middleton, thus duly authorized on behalf of the Company, was transmitted, together with the renewed treaty, to Mr. Daniel Barwell aforesaid at Rampore; and that they were both by him, the said Barwell, presented to the Nabob Fyzoola Khân with a solemnity not often paralleled, "in the presence of the greatest part of the Nabob's subjects, who were assembled, that the ceremony might create a full belief in the breasts of all his people, that the Company would protect him as long as he strictly adhered to the letter of his treaty."

VIII.

That in the conclusion of the said ceremony the Nabob Fyzoola Khân did deliver to the said Barwell, for the use of the vizier, a nuzzer (or present) of elephants, horses, &c., and did add thereto a lack of rupees, or £10,000, and upwards; which sum the said Barwell, "not being authorized to accept any pecuniary consideration, did at first refuse;" but upon Fyzoola Khân's urging, that on such occasions it was the invariable "custom of Hindostan, and that it must on the present be expected, as it had been formerly the case" (but when, does not appear); he the said Barwell did accept the said lack in the name of the vizier,' our ally, "in whose wealth (as Warren Hastings on another occasion observed) we should participate, ," and on whom we at that time had an accumulating demand.

IX.

That, over and above the lack of rupees thus presented to he vizier, the Nabob Fyzoola Khân did likewise offer one ther lack of rupees, or upwards of £10,000, more for the Company, "as some acknowledgment of the obligation he eceived: that although such acknowledgment was not preended to be the invariable custom of Hindostan on suck