versation by assigning to me a declaration that I was proceeding with the privity and approbation of his excellency, a declaration which I had never uttered, and which I am confident, from their communications to me, they could not through any mistake have supposed proceeded from me, I thought it expedient immediately to inform his excellency, that so far from having given them to understand that I was acting in concert with his excellency, I had explicitly told them that his excellency had pouitively refused his co-ope ration. This explanation I thought indispensable, as well in vindication of my candour and veracity, as to evince to his excellency my determination to prosecute the necessary steps for establishing the company's authority in the line of territory to be ceded without his consent, should he still persist in refusing his acqui escence. Although I have not received from the vizier any further payments on account of the balance of arrears, yet I hope the assiduity and perseverance with which I insist on the full liquidation of that demand, will immediately procure another payment. I am, my dear sir, &c, &c. (Signed) WILLIAM SCOTT, Lucknow, ed July, 1801. To his excellency the most noble the marquis Wellesley, K. P. governorgeneral. My lord,-1. I had yesterday the honour to receive your lordship's commands through the secretary's letter of the goth June. 2. It is with much pleasure I acquaint your lordship that no steps have yet been taken of a nature to preclude the prosecution of the measure in agitation by the means of amicable negotiation; on the contrary, in a visit which the vizier paid to me the day before yesterday, at a private conference sought for by me, the discussion of a territorial cession was resumed, and his excellency was so far prevailed on to engage in the consideration of concluding and executing the treaty, prior to his proposed temporary absence, as to express a desire of being furnished with a draft of the stipulation; I shall expect with the utmost impatience the arrival of your lordship's brother, the honourable Henry Wellesley; and in the mean time shall exert all my endeavours to cultivate and improve the above cir cumstance. 3. Although I by no means admitted that his excellency's intended expedition should be a condition of the territorial cession, nor engaged for your lordship's sanction and approval of that step, yet I promised, that if the treaty were concluded the stipulation of it should not be carried into effect until his excellency could consult your lordship, either personally or by letter, in the wish which he has so repeatedly expressed of being permitted to proceed on the pilgrimages. His excellency, on his part, desired that his being put in possession of a draft of the treaty might not be interpreted into an engagement to conclude it. 4. The draft of the treaty having been some time ago prepared, both in English and Persian, a copy of it in the latter language was yesterday delivered to his excellency by my moonshee, and I have the honour to transmit copies of the same to your lordship in both languages. 5. His excellency, after the payment on the 24th of June of the eight lacks of rupees on account of the balance of arrears of subsidy due to the company, having desisted from further payments, I thought it necessary, in compliance with your lordship's injunctions, to press for the immediate liquidation of the whole amount still due, and for this purpose addressed, on the 29th of June, a letter to his excellency, to which, on the 2d of July, I received a reply, the tenor and spirit of this reply appeared to me so exceptionable that I considered it my duty to repel the insinuations against the justice of the demand in the strongest and most pointed language. Copies of this correspondence are herewith inclosed for your lordship's information. 6. It was my intention, after giving his excellency a reasonable time to reflect on the sentiments and declarations contained in my last letter, to have proceeded to the sequestration of the revenues of some of his excellency's districts, in sarisfaction of the company's just demand; but apprehensive lest such a measure might furnish a pretence to his excellency for breaking off the negotiation for the territorial cession, I have, for the present, satisfied myself with calling to his excellency's reflection that that measure of extremity for the recovery of the the public rights, is still impending over him. I have the honour to be, &c. &c. Lucknow, 10th of July, 1801. Draft of a treaty between the honourable the English East India company and his excellency the vizier ul Mumalick Yemeen ud Dowlah, Nazim ool Moolk, Saadut Ali Khan Behauder, for ceding to the said company, in perpetual sovereignty, certain parts of his excellency's territorial possessions in commutation of the subsidy now payable to the said company by his excellency the vizier. Whereas by the treaty now subsisting between the honourable the East India company and his excellency the vizier, the said company have engaged to defend his excellency's dominions against all enemies; and to enable them to fulfil that engagement his excellency is bound by the atoresaid treaty to pay the company, in perpetuity, the annual subsidy of seventy-six lacks of Lucknow sicca rupees; and is further bound by the said treaty to defray the expense of any augmentation of force which, in addition to the number of troops stipulated in the treaty shall be judged necessary to enable the company to fulfil their engagements of defending his excellency's dominions against all enemies: and whereas it is desirable that the funds for defraying these charges should be established on a footing which shali admit of no fluctuation of either inCrease or decrease, and which shall afford satisfaction and security to the said company in regard to the regular payment in perpetuity of all such charges, the following treaty is entered into between his excellency the most noble the marquis Wellesley, K. P. governor-general, on the part of the honourable the English East India company, and his excellency the nabob vizier ul Mumalick Yemeen ud Dowlah, Nizam ool Moolk, Saadut Ali Khan Behauder Mobaurez Jung, for ceding to the honourable the English East India company, in perpetual sovereignty, certain portions of his excellency's territorial possessions, in commutation of the subsidy and all other sums of money now chargeable to his excellency on account of the company's defensive engagements with his excellency. Article 1st. His excellency the nabob vizier cedes to the honorable the East India company, in perpetual sove reignty, all and every part of his territorial possessions lying to the southward and westward of the river Ganges, as well as those without the Doab and joining to the company's present possessions, as those situated within the Doab, including the dependancy of Furruckabad; his excellency the nabob vizier also cedes to the honourable the East India company, in perpetual sovereignty, the subah of Bareilly, districts of Reher, and all and every part of his possessions situated in the country at Kultair, commonly called Rohilcund, together with all the powers, rights, and privileges, which, as lord paramount, he possesses over the jaghire of Ahmed Ali Khan Behauder; his excellency the vizier further cedes to the honourable the East India company the districts of, &c.—A schedule of the Mehals so ceded is annexed to the treaty. 2d.-The subsidy, which by the second article of the treaty of 1798 his excellency engaged to pay to the company, to cease for ever; and his excellency is released from the obligation of defraying the expenses of any additional troops which may at any time be requisite for the protection of Oude and its dependencies, whether the countries ceded to the company, or of the territories which will remain in the possession of his excellency the said vizier. 3d. The honourable the East India company hereby engage to defend the territories which will remain to his excellency the vizier against all foreign and domestic enemies whatever; provided always, that it be in the power of the company's government to station the British troops in such parts of his excellency's dominions as shall appear to the said government most expedient; and provided also, that his excellency shall retain in his service such a number of armed men only as shall be absolutely necessary for the collection of the revenues, and such a number of horsemen and footmen about his person as shall be consistent with his dignity, and suitable to the purposes of state; and provided further, that there be established throughout his excellency's reserved dominions such a system of police, under the control of the company's officers, as shall be calculated to secure the internal peace of his excellency's country, and the orderly and quiet behaviour of his subjects of every description. 4th. A detachment of the British troops, and a proportion of artillery, shall at at all times be attached to his excellency's person. 5th. That the true intent and meaning of the 1st, 2d, 3d, and 4th articles of this treaty may be clearly undertstood, it is hereby declared that the territorial cession being in lieu of the subsidy, and of all expenses on account of the company's defensive engagements with his excellency, no demands whatever shall be made upon the treasury of his excellency, on account of expenses which the honourable company may incur by assembling forces to repel the attack, or menaced attack, of a foreign enemy, on account of the detachment attached to his excellency's person, on account of troops which may be occasionally furnished for suppressing rebellion, or disorders in his excellency's territories, or on account of a failure in the revenues of the ceded districts, arising from unfavourable seasons, from the calamity of war, or from any other cause whatever. 6th. The territories ceded to the honourable the East India company, by the first article of this treaty, shall be subject to the exclusive management and control of the said company and their officers; and the honourable the East India company hereby guarantee to his excellency, the vizier, and to his heirs and successors, the possession of the territories which will remain to his excellency after the territorial cession, together with the exercise of his and their authority in the said dominions, subject to the provisions in the third article of this treaty. 7th. The ditrict ceded by the 1st, article of this treaty shall be delivered over to the charge of the company's officer on the of day and his excellency will continue to pay the subsidy, and the expenses of the additional troops, from his treasury, in the same manner as hitherto observed, until the company's officers shall have obtained complete possession from his excellency's officers of the countries so ceded. This company will not claim any payments of subsidy from his excellency's treasury after their officers shall have obtained possession of the said districts from his excellency's officers. 8th. The contracting parties, with a view of establishing such a commercial intercourse between their respective dominions as shall be mutually beneficial to the subjects of both states, here by agree to revive the commercial treaty concluded between the honourable company and the government of Oude in July, 1798, and to adopt the forms and stipulations of it to the altered circumstances of the case; in the mean time it is agreed, that the navigation of the river Ganges, and of all other rivers where they may form the mutual boundary of Loth states, shall be free and uni terrupted, that is to say, that no boats passing up and down the Ganges, or other rivers where they form the mutual boundary of both states, shall be stopped or molested on account of duties,nor shall duties be demanded from boats which put to in the possession of either of the contracting parties, without intention of landing their goods. It shall however be in the power of both governments to fix and levy such duties as they may think proper on goods imported into, or exported from, their respective dominions, not exceeding the present usage. 9th. All the articles of former treaties, for establishing and cementing the union and friendship existing between the two states, are to continue in full force, and all the articles of the treaty concluded by the governor - general, Sir John Shore, Bart. on the part of the company, and his excellency the nabob vizier, in 1798, not annulled by this treaty, are to remain in full force, and be binding on the contracting parties. True copy. (Signed) Wm. SCOTT, Resident Lucknow. To the Vizier. Dated 16 Suffer, 1216, 29th June, 1801. I have received your excellency's letter of the 10th instant, and fully comprehend what your excellency has written on the subject of the arrears due to the company's government. His excellency the most noble the governor-general having strongly urged your excellency to the immediate payment of the arrears justly due to the company's government, your excellency, in the first instance, paid the sum of two lacks of rupees, for which a receipt was granted, and having subsequently paid the sum of four lacks of rupee from your own treasury, and cight lacks through Almas Alli Khan, I was in hopes that your excellencywould have continued your payments without intermission, until the whole whole sum should in the space of a ferv days have been paid off, when a receipt for the amount would have been granted to your excellency. Perceiving, however, that your excellency, contrary to my expectation, delays to liquidate this just demand, I am constrained to represent to your excellency that if, in defiance of his lordship's remonstrances on this subject, your excel lency longer defers the payment of this money, I shall, in order to realize it, be compelled to sequestrate a portion of your excellency's revenue. From his excellency the vizier to lieutenant-colonel Scott, residen'. Dated 19 Suffer, 1216, or 2nd July, 1801. I have received your letter regarding the thirty-eight lacks of rupees on account of the expenses of the army, and understand the contents. It cannot have escaped your recollection that, upwards of a twelvemonth ago, (when a demand was made upon me for the sum of seventeen Jacks of rupees, on account of the expenses of the army which took the field to oppose Zemaun Shab, and to suppress the disturbance raised by vizier Alli), along with other matters, I stated to his excellency the most noble the governor-general, iny inability to pay this sum. His lordship, during this long interval, not having replied to the above letter, I asured myself that the plea of inability to pay the money, as well as the other requests which formed the subject of the above letter, had been submitted to and approved of by his lordship. The demand having been renewed, I have (up to the present date) paid the SHM of fourteen lacks of rupees. God knows, that as far as lies in my power I have no desire to act in any instance in opposition to his lordship's pleasure. I am aware that my doing so would prove detrimental to myself, whilst I know that my present and future prosperity and security depend upon my consulting the pleasure of his lordship. God forbid that I should harbour a design of acting in opposition to, or in defiance of, his lordship's pleasure, but in many transactions, proof being the primary consideration, I unequivocally declare (what I have already told you) that whatever sum of money may by argument be proved and demonstrated to be claimable from me, I will not fail to use every exertion within my power to liqui dare the same, and shall with much pleasure send you the cash. I assure myself from your friendship that you will not again accuse me (who, as far as in me lies have no such intention) of acting in defiance of his lordship's plea sure. Νο person can withhold from the company their just right, but far less one like myself, so connected with them by the bonds of union and friendship that no distinction of interest exists between us. I do not by any manner of means refuse to satisfy this demand. Whatever sum of money shall by argument and demonstration be proved to be due from me on this account, without hesitation shall be paid; without proof I consent not. From lieutenant colonel Scott to the vizier, the 3d July, 1801. The letter which I yesterday received from your excellency in reply to one addressed to you on the 16th of Suffer, demanding payment without intermission of the large balance of arrears on account of the additional troops serving in Oude, leaves me no other alternative than that of sequestrating a portion of your excellency's revenues for the liquidation of that just demand. After the plain and detailed account of the expenses chargeable toyour excellency, furnished in my letter of the 28th of Zukoud; after the intimation I gave to your excellency that that account had been prepared in Calcutta, and transmitted to me by command of his excellency the most noble the governor-general; after the sentiments conveyed to your excellency in his lordship's letter of the 27th May last, and the peremptory demand made on your excellency for the immediate payment of the whole arrears, amounting to the sum of 38,13,592 rupees, in his lordship's answer to your paper of requests, accompanied by arguments of unquestionable force and validity in support of the justice of the claim, what further proof can be necessary to establish the company's right to a reimbursement of expenses which have been actually incurred by the company in defence of your excellency's dominions? and what other meaning can be attached to your excellency's desire of having the justice of the claim established by further proofs, than a direct accusation against the honour and integrity of the representative of the British government in India, and after the com munication, munication, both personal and in writing, which I have made to your excellency, of his lordship's orders, to sequestrate a por-` tion of your revenues for the liquidation of the company's just demand upon your excellency's government, what construction can be put upon the fresh excuses. brought forward by your excellency to delay the liquidation of the balance, but an open defiance of the company's power? The professions which your excellency makes of an earnest desire to consult his lordship's pleasure, and to meet his wishes, are becoming the gratitude which your excellency owes to the English company; for the sincerity of these professions the best appeal is to your own conscience, and to the measures which your excellency's perseverance in the unhappy counsels which you have adopted, compels his lordship at this instant to resort to, for the preservation of the company's rights and interest in Oude, The confession which your excellency makes, that opposition to his lordship's sentiments is fraught with detriment to yourself, and that on a concurrence with his lordship's desires depends your present and future prosperity, is also worthy of your excellency's wisdom and prudence, and I sincerely wish that your excellency's actions were not at variance with that confession. True translation, (Signed) W. SCOTT, Resident, Lucknow. (Private.) My lord,-Whilst I place the highest value on the continuance of your lordship's good opinion, and on the approbation which your lordship has been pleased to bestow on my exertions and conduct, in the negotiation committed to my charge, and whilst I offer to your lordship my sincere acknowledgements for the communication which your lordship has been pleased to authorize Mr. Edmonstone to make to me, of the motives which have induced your lordship to depute Mr. Wellesley to the court of Lucknow, I beg leave to assure your lordship, that, prior to the receipt of Mr. Edmonstone's letter, no sensations of uneasiness had found their way into my breast in consequence of the communication of your lordship's intentions. On the contrary, in the present delicate state of the negotiation with the vizier, I feel my mind considerably relieved by the expected presence of your lordship's brother; and I most sincerely hope that the interposition of his abilities, joined with the perfect knowledge which he still possess of your lordship's sentiments, will bring the nego tiation to a satisfactory conclusion. Anxious in the highest deg e, that the mission of Mr. Wellesley should be as impressive in its nature, and as comprehensive in its objects as possible, it occurs to my judgment, should your lordship not view the proposed temporary absence of the vizier, of er the treaty shall be concluded and raufied, as a measure whoily objectionable and inadmissible, that his excellency's proposition of proceeding upon the Pilgrimages may be taken up as formal and sincere, and the discussion of the terms of absence be made to constitute one object of Mr. Wellesley's depu-ation. It may, should your lordship not see any impropriety in it, be even assigned as an intended honour to his exceliency, for the purpose of accompanying him to Calcutta, or to meet your lordship. In the event of any communications which I may have the honour to receive from your lordship before it shall become necessary to notify to the vizier the intention of Mr. Wellesley's mission, giving me reason to suppose that his excellency's request of visiting the places of holy resort would be sanctioned by your lordship on certain conditions, I shali take the liberty of informing his excellency, that the arrangements, connected with his temporary absence, form one of the objects of Mr. Wellesley's deputation. Should the suggestion, which I have taken the liberty to offer, not meet with your lordship's approbation, I feel a confidence that your lordship will ascribe the communication of it to the true and only motive which has influenced me to make it, an earnest and anxious desire to promote your lordship's views at this court. I have the honour to be. &c. &c. (Signed) W. SCOTT. Lucknow, 10th of June, 1801. His excellency the most noble the mar quis Wellesley, K. P. · |