claim should be made, I am ready to take it up, and you may be assured nothing in my power shall be left undone to carry it through."

IV.

That the reply of the said Hastings doth not appear; but that it does appear on record, that "a negotiation (Mr. Johnson's) was begun for Fyzoola Khân's cavalry to act with General Goddard, and, on his (Fyzoola Khân's) evading it that a sum of money was demanded."

V.

That in the months of February, March, and April, the resident Middleton did repeatedly propose the resumption of Fyzoola Khân's jaghire, agreeably to the treaty of Chunar; and that driven to extremity (as the said Hastings supposes) "by the public menaces and denunciations of the resident and minister," Hyder Beg Khân, a creature of the said Hastings, (and both the minister and resident acting professedly on and under the treaty of Chunar,) "the Nabob Fyzoola Khân made such preparations, and such a disposition of his family and wealth, as evidently manifested either an intended or an expected rupture."

VI.

That on the 6th of May the said Hastings did send his confidential agent and friend, Major Palmer, on a private commission to Lucknow; and that the said Palmer was charged with secret instructions relative to Fyzoola Khân, but of what import cannot be ascertained, the said Hastings in his public instructions having inserted only the name of Fyzoola Khân, as a mere reference (according to the explanation of the said Hastings) to what he had verbally communicated to the said Palmer; and that the said Hastings was thereby guilty of a criminal concealment.

VII.

That some time about the month of August an engage ment happened between a body of Fyzoola Khân's cavalry, and a part of the vizier's army, in which the latter were beaten, and their guns taken; that the resident Middleton did repreent the same but as a slight and accidental affray; that it

ors;

was acknowledged the troops of the vizier were the aggressthat it did appear to the board, and to the said Hastings himself, an affair of more considerable magnitude, and that they did make the concealment thereof an article of charge against the resident Middleton, though the said resident did in truth acquaint them with the same, but in a cursory manner.

66

VIII.

That, immediately after the said "fray" at Daranagur, the vizier (who was but a cipher in the hands of the minister and resident, both of them directly appointed and supported by the said Hastings) did make of Fyzoola Khân a new demand, equally contrary to the true intent and meaning of the treaty, as his former requisitions; which new demand was for the detachment in garrison at Daranagur to be cantoned as a stationary force at Lucknow, the capital of the vizier; whereas he (the vizier) had only a right to demand an occasional aid to join his army in the field, or in garrison, during a war. But the said new demand being evaded, or rather refused, agreeably to the fair construction of the treaty by the Nabob Fyzoola Khân, the matter was for the present dropped.

IX.

That in the letter, in which the resident Middleton did mention "what he calls the fray" aforesaid, the said Middleton did again apply for the resumption of the jaghire of Rampore; and that, the objections against the measure being now removed, (by the separate peace with Scindia,) he desired to know if the board "would give assurances of their support to the vizier, in case, which (says the resident) I think very probable, his (the vizier's) own strength should be found unequal to the undertaking.

X.

That although the said Warren Hastings did make the foregoing application a new charge against the resident Middleton, yet the said Hastings did only criminate the said Middleton for a proposal tending "at such a crisis to increase the number of our enemies; and did in no degree, either in his articles of charge, or in his accompanying

minutes, express any disapprobation whatever of the principle; that in truth the whole proceedings of the said resident were the natural result of the treaty of Chunar: that the proceedings were from time to time communicated to the said Hastings. That as he nowhere charges any disobedience of orders on Mr. Middleton with respect to Fyzoola Khan, it may be justly inferred, that the said Hastings did not interfere to check the proceedings of the said Middleton on that subject; and that by such criminal neglect the said Hastings did make the guilt of the said Middleton, whatever it might be, his own.

PECUNIARY COMMUTATION OF THE

STIPULATED AID.

I.

THAT on the charges and for the misdemeanours above specified, together with divers other accusations, the governorgeneral, 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 Khân 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 Khân, assuring him "of the favourable 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 Khân 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 governorgeneral 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 Khân, the vackeel (or envoy) of Fyzoola Khân at the court of the vizier: that Allif Khân wrote to his master on the subject, and in answer he was directed not to agree to the granting of" any pecuniary aid.”

IV.

en

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 Khân, at Rampore; and that the said Palmer was to deavour 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 favour, 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 Khân 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 lacks, 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 Khân.”

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 Khân could furnish; and a single horseman included in the aid, which Fyzoola Khân 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 o one thousand for the computation of the subsidy, which at he rate of fifty rupees per man, will amount to fifty thousand per mensem. This may serve for the basis of this article in he negotiation upon it."

VI.

That the said Warren Hastings doth then continue to intruct the said Palmer in the alternative of a refusal from yzoola Khân.

"If Fyzoola Khân shall refuse to treat for a subsidy, and aim the benefit of his original agreement in its literal exression, he possesses a right, which we cannot dispute, and it ill in that case remain only to fix the precise number of orse which he shall furnish, which ought at least to exed 2500."

VII.

That in the above-recited instructions, the said Warren astings doth insinuate, (for he doth not directly assert,) 1st, That we are entitled by treaty to 5000 troops, which - says were undoubtedly intended to be all cavalry. 2nd, That the said Hastings doth then admit, that a single