that payment be made by the said vizier to the honourable East India Company of a certain subsidy, amounting to seventy-six lacks of rupees per annum: And whereas by the said treaty the said vizier engages to defray the expence of any additional troops which shall at any time be found necessary for the defence of Oude (and actually now pays a sum monthly on that account) it is hereby sti pulated and agreed, that the aforesaid subsidy, and allowances on account of additional troops, shall for ever cease. Article 6th-It is hereby stipulated and agreed on the part of the said company, that the sum of lacks of Lucknow sicca rupees annually, shall be allot ted for the maintenance and support of his excellency the vizier and his own immediate family, which sum shall be at the free and full disposal of the said vizier, and shall be paid by instalments of Lucknow sicca rupees per month from the company's treasury at Lucknow, without any deduction of batta or exchange, and subject to no charges of any kind whatever; and it is hereby further stipulated and agreed on the part of the said company, that the said sum of lacks of rupees, without any abatement or diminution thereof, shall descend by way of inheritance to the legal heirs and successors of the said nawaub, and be held and considered as a perpetual provision for the said heirs and successors, and the dependents of the family. Article 7th.-The stipends and pensions assigned to the princes and begums of the family of his majesty, Shah Alum, residing at Lucknow and Benares, to the widow of the late nawaub, Asof ul Dowlah, and to the reputed children of the said nawaub, Asof ul Dowlah, shall be no longer chargeable to the said vizier. And the most noble the marquis Wellesley, governor-general, on the part of the East India company, does hereby engage that these stipends and pensions shall be henceforth paid by the company, and that a suitable maintenance shall be established for the sons of Sujah ul Dowlah, for whom a provision may not be included in the jaghire of her highness at Fyazabad. Article 8th. The jaghire which were or have been granted by the nawaubs, Sujah ul Dowlah, Asof ul Dowlah, and his excellency the present nawaub, (which have not by any means reverted to the state,) shall remain in the full pos direct interposition of the wisdom, justice, and honour of the British government, the following treaty is now entered into by the most noble the marquis Wellesley, K. P. governor-general in council, on behalf of the said united company on one part, and by his excellency the said vizier on behalf of himself and his heirs for ever, on the other, for vesting in the said company in all times to come, the administration of the civil and military government of Oude, and its dependencies. Article 1st.-The nawaub Saadut Ally Khan Behader hereby vests in perpetuity the sole and exclusive administration of the civil and military government of all the territories and dependencies of the state of Oude, together with the full and entire right and title to the revenues thereof (subject to the payment of a certain sum hereafter specified, for the maintenance of the said vizier, and the support of his dignity) in the Hon. East India company, and his excellency hereby empowers the said company, or their government-general of Bengal, to exercise for ever all the powers, authorities, and rights appertaining to the said government. Article 2nd.—The said company shall possess for ever the power and authority of constituting and appointing officers for the collection of the reverus, of establishing courts for the regular administration of civil and criminal justice, and of enforcing and carrying into effect the decrees and sentences of the said courts. Article 3d-The courts so established shall be constituted of officers to be appointed by the governor-general in Council of Bengal for the time being, and shall in no instance whatever be subjected to the controul, authority, or interference of the said nawaub, but shall be conducted according to such ordinances and regulations (framed with a due regard to the existing laws and usages of the country) as shall from time to time be enacted and published by the said governor-general in council. Article 4th.-The revenues of the country shall be collected by the officers to be appointed by the said governor in council for that purpose; and the said nawaub shall exercise no controul whatever, nor in any manner interfere in the collections of the said revenues. Article 5th.-Whereas it is stipulated and agreed by the treaty of 1798, session session and enjoyment of the persons to whom they were originally granted, during their respective lives, unless some commutation, satisfactory to all parties concerned, shall hereafter be agreed upon. The inhabitants and residents of all descriptions on the said jagheers, being however subject to the jurisdiction of the courts which will be established for the administration of civil and criminal justice. It is however stipulated, that from and after the day of January, 1801, his excellency the vizier shall not grant or consign in jaghire, to any person persons whatever, any portion of the Jands or territories of Oude, or its dependencies. Article 9th.-The nawaub, Saadut Ally Khan, shall not be responsible for any debts contracted by the late nawaub, Asof ul Dowlah. Article 10th.-His excellency will not correspond with any foreign power, without the knowledge and consent of the governor-general in council. Article 11th.-The nawaub, Saadut Ally Khan, shall on all occasions, at all times, and in all places, be treated with a respect due to his dignity and situation, and a sufficient body of the company's troops shall be allotted for the protection of his person and palace. Article 12th. As the defence of the dominions of Oude against foreign enemies, and the maintenance of the internal tranquillity and police of these countries, will dissolve solely upon the East India company, his excellency the nawaub, Saadut Ally Khan, engages not to entertain or employ in his service any armed men beyond the number of for the purposes of state. This number of armed men, or any portion of it which his excellency may be pleased to maintain, shall be at his own cost and expence. Article 13th.-All the cannon, arms, and military stores, whether deposited at Lucknow, or in any of the fortresses or arsenals, or elsewhere within his excellency's territories, shall be delivered to the company, with the exception of such cannon as his excellency may wish to retain for the purposes of state, and of such arms as shall be requisite for the guards immediately about his person. Article 14th.-In complaints brought before any of the courts of justice to be established, in which it shall appear, either by the application of his excellency the water, or the representation of the defen dant, at or before the time of giving in an answer, or by the petition of the complainant, that both parties are relations of his excellency, the investigation of such complaint shall in the first instance be referred to the vizier. Any complaint against his excellency's relations, by persons of a different description, shall in the first instance be preferred to his excellency by the company's representative. His excellency hereby' engages to order an immediate investigation to be made by the person whom he may appoint to dispense justice amongst his own relations, or in case the parties should desire it, to order the dispute to be referred to a proper arbitration, his excellency engaging to bring it to a direct issue, and to carry the sentence or reward, if unfavourable to his relations, into immediate execution. Article 15th. It is hereby stipulated and agreed, that the East India company shall enter upon the exclusive administration of the civil and military governments of Oude, on the day of corresponding with the day of and his excellency will issue orders to his aumils, and to all his civil and military officers in any shape concerned in the collections of the revenues, to make over the district or districts under their respective charges, to such persons as shall be appointed by the governorgeneral in council to the management of the same, and also to deliver over to the persons so appointed all records, accounts, and official papers belonging to their respective kutcheries, or offices. Article 16th.-The whole of the revenues and collections, of whatever kind, accruing to the state, shall, from the period aforesaid, be paid into the treasury of the aforesaid company; and the governor-general, on the part of the said company, hereby engages to discharge all just arrears of salary and pay which may be really due to persons of all descriptions on the civil and military establishments, up to the day of transfer, or grow and become due to them respectively so long as they shall continue to be in the service; and in the same manner the governor-general engages to discharge all arrears of stipends which may be due to persons now actually on his excellency's pension list. If upon closing the account of the fusly year 1208, it shall appear that any balance of the revenues (from the time the administration of them was committed to the company company) remains with the company, the payment of the subsidy, and allowa, (after deducting the expence of colleco ances on account of the additional troops, tion, and taking credit for the monthly is a natural consequence of his devolving kists, and the monthly payments due upon the company the full and entire on account of the additional troops, and right and title to the revenues of Oude for the sums disbursed on account of and its dependencies arrears of salary to the civil and military Article 6th. - It is difficult, if not alestablishments, and of pensions as afore- most impracticable, to devise a criterion said) the said balance shall be made on which to establish an allowance for over to the vizier; and if the collections the maintenance of the vizier and his and revenues realized by the company family, which, abstracted from other do not equal in amount the issues made considerations, should correspond with on the above accounts, the said nawaub his excellency's desires and expectations, shall be answerable for ihe deficiency out on the solid ground of substantial pecuof the funds in his possession. niary sacrifices, and which should, at the Article 17h.-The nabob vizier enga- saine time, be an equitable charge upon ges to furnish the company with accu- the revenues, consisient with the heavy rate statements of the arrears due to the burthens imposed upon the company by civil and military establishments, and subsequent articles. to individuals on the pension list; with In the former reign, and, I understand, the original engagements of the several the same rule is still observed, although aumils and renters, and also with correct great reductions have been made in alaccounts of the wausil baukee in every most the whole of the departments, district and department. there was no less a sum than seventy(Signed) W. Scott, nine lacks of rupees annually appropriated Resident at Lucknow, to the expenditures of the vizier, under A true Copy. the following heads: (Signed) N. B. EDMONSTONE, Privy purse................. 92,68,809 Secretary to Government. Khassah and Doab......... 30,16,709 Wardrobe....... 4,49,540 Observations on the Draft of the Treaty. Own family............... 6,800 PREAMBLE. Ice houses..... 10,323 The preamble is intended to set forth Armoury.................... 12,948 the indispensable necessity of the pro- Sundry necessary charges 1,51,440 posed transfer, for the preservation of Tezieh Khaneh........ the common interests of the two allied Library........ 9,000 states, and to enumerate ihe most striking Sundries......... 1,88,927 advantages which would result to the coun- Physicians................... 33,249 try from the administration of the civil and Eunuchs 60,850 military, governments being committed Household servants....... 3,16,168 to the hands of the company. If she Gardens......... 1,34,000 vizier should concur in the fundamental Huzzoory troops... 13,00,000 principles of the proposed arrangement, the preamble may be so modelled as to make it appear that the transfer is not merely a voluntary act on his excellency's It will be observed, that most of these part, but originating in and founded on items of expenses appertain to the pria positive solicitation from him, that ihe vale and personal charges of the vizier, governor-general should assume the ma- and the maintenance of bis household; nagement of the country for the wellare every necessary disbursement, and happiness of the people. 7,898 1 79,59,660 with the exception of establishments for Arucles ist, 20, 30, 4th. - These bis sons, is separately provided for upon articles vest in the company the exclu. a large scale, it may be presumed, that sive administration of the whole govern- a considerable portion of the immense medt, judicial, revenue, and military; sum in the first article, which was squanand the endeavour has been to frame dered away by the nawaub, Asof ul Dow. them with a precision which shall leave lah, has, together with other savings no room for furure contention as to the from reductions in various parts of the scal meaning. establishmenis, been hoarded up by his Article sih.-The stipulation in this successor. article, which releases the vizier from The demand of a sum equal to the aggregate but a aggregate amount of the above articles, or in any degree approximating to it, may be contested by various forcible arguments. If the resources of the country diminish, or the necessary expenditures for contingent or permanent purposes increase, it could neither be reasonable nor admissible, that the vizier should set apart, for his own private use, an undue portion of the revenues, whilst the state was exposed to serious' pecuniary embarrassments and distress. In such cases, so far from looking to an augmented accumulation of wealth, it would be incumbent on him to draw upon his private treasury to answer public demands, and also to retrench every superfluous expense. This is not a case of supposition, but the actual and acknowledged state of affairs at this present pe riod. Debts to a considerable amount, contracted during the government of his predecessor, remain unpaid; the means of satisfying these just demands can only be derived from the surplus of the re venues. To assume, as a position, the certainty of a surplus of revenues, after the expences of collections, and every other public disbursement should be provided for, and to appropriate that surplus as a maintenance for the vizier, would, in the first instance, be indefinite, must become variable, and might prove fallacious. Besides, if the income of his excellency depended on the surplus of the revenues, he might, notwithstanding any stipulations to the contrary, with some plausibility, claim a controul over the expenditures, and would, doubtlessly, cavil at the introduction of every new establishment attended with expense, and, at all the acts of the British government for the improvement of the country, and relief of the inhabitants, which might operate as a temporary diminution of the revenues, though they would ultimately ensure their increase. His narrow views might not discover their tendency, and, at all events, no futare improvement would, in his mind, be a compensation for the loss of imme diate advantage. Influenced by the same reasoning, it appeared to my judgment, after the fulLest deliberation, most advisable not to offer any participation in the surplus of the revenues, but to assign a fixed and ertain sum of money for the mainte nance of the vizier and his family, inde Wishing to extract from the vizier In fixing the amount, it must be recollected that his excellency has, amongst a numerous family of children, six sons grown to the age of manhood, on some of whom a monthly allowance of from six to ten thousand rupees is now settled; and the expectations of the others, it may be concluded, are directed to similar establishments. The extensive wealth which the vizier has accumulated under the protection of the British government, and of which he is left in the entire possession, may fairly be opposed to a demand for an exorbitant stipend; it may, however, on the other hand, be regarded rather as the disposable property of the person who makes the first sacrifice, than as a permanent provision for future suc cessors. In discussing this important point, I cannot dismiss from my contemplation the growing expenses of every Mohammedan family, and the heavy burthens which each generation leaves to the succeeding; and although no fixed sum, within any reasonable bounds, can be adequate to maintain, in perpetual affluence, a progeny increasing beyond all feel that it European calculation, yet is consistent with the dignity of the British nation, and the justice and liberality of Lord Wellesley's government, that the stipend should be regulated upon a scale, which, with proper management, shall promise to preserve the descendants of the vizier in a suitable state of respec tability. Under all considerations of this extremely delicate question, I presume that a sum less than thirty lacks of ru pees annually cannot be offered to the of acceptance of the vizier with any his concurrence. And with the view of affording him satisfaction as to the dura tion of the sum which may be fixed; as also to give him the credit of attendI have ing to the interests of his posterity, I have judged it expedient to guarantee, by the treaty, the continuance of what ever sum may be established, without abatement or diminution, to his legal heirs and successors. Even in the enjoyment of such an income the vizier would find it necessary to make considerable retrenchments in the state establishments, by which many old servants and dependants of the family would be dismissed from their employments; should his excellency urge this argument in support of a more extensive stipend, I shall have no difficulty in assuring him, that it is not only consonant to Lord Wellesley's principles of justice, but forms a part of my instructions from his lordship, to take into consideration the situation of persons of that description, and establish a maintenance for such as, from character and services, may have equitable claims to a provision for life; and though, by this means, the pension list may be considerably swelled, yet it will be more for the advantage of the company to take upon themselves an expense which will gradually diminish, than to include it in a stipend which must continue in perpetuity. Article 7th-The stipends to the princes, and begums of the family of his majesty, Shah Allum, with the exception of six thousand rupees per month to the prince at Lucknow, are included in the subsidy now paid by the vizier. Were the maintenance of the reputed children of Asop ul Dowlah (for whom a provision is stipulated in the existing treaty) left to the vizier, the slender sum now assigned for their support would gradually diminish, and be ultimately done away. Although the annual sum of one lack and a half is ostensibly fixed for the support of the vizier's brothers, yet it is with infinite difficulty that they obtain their respective portions; and Lam convinced that no measure in the present arrangement could be viewed with greater satisfaction, or afford more popularity to Lord Wellesley's government, than that of taking those distressed personages under his immediate protection. Article 8th. It seemed reasonable, and is consistent with the spirit of the instructions, in order to tranquillize the minds of persons of distinction, that the jagheers, granted by a competent authority, should remain in the possession and enjoyment of the persons to whom they were originally consigned, during their respective lives. This stipulation will, VOL. 9. besides, be gratifying to the vizier, who has recently bestowed a jagheer on his mother. Article 9th.-Under the circumstance of the vizier having laid by large sums of money out of the revenues, the payment of the debts of the former prince might, in rigorous justice, be chargeable to him; but as by an article in the former proposed treaty he was released therefrom, I thought it not advisable to omit a concession so congenial to his passion of avarice. Article 10th. The measure of common prudence, and copied from the treaty above alluded to. Article 11th. The former part of this article is a matter of course, and the latter evinces an attention to the safety of the vizier's person, which may be pleasing to his excellency. Article 12th.-The limitation of the number of armed men is necessary, as well on the source of prudence as to indicate that the stipend to be assigned to his excellency could not be on a scale which should admit of considerable expenditures on account of useless troops. Article 13th.-His excellency can have no use for the cannon and arms, and they might fall into the hands of improper people. Article 14th.-Some exemptions from the jurisdiction of the courts to be established was essential to the situation of the vizier, in the territories of which he will still hold the title of sovereign.His palace, however, being in the open city, and his followers and dependents residents in that city, the exemption could not be extended to them with any hope of introducing and maintaining an efficient police, it is, therefore, limited to his relations; and some inconvenience will probably arise even from this con cession. Article 15th.- Remains to be filled up. Article 16th.-This part of the arrangement was of considerable difficulty. After maturely weighing the different modes which occurred, the one adopted seemed the most free from objection. If the company had taken the revenues of the current year from any particular date, it would have been fair that arrears of every description should have been cleared off to that date; but experience of the disposition of the vizier led me to apprehend, that if the discharge of such arrears were left to his excellency, B |