No. VIII. HYDER to this State, are to be seized and delivered up to the British Resident; ABAD. and no persons of the above description are to be allowed refuge in future in His Highness's territories, but are, on the contrary, to be seized without delay and delivered up to the British Resident: neither shall any refuge be allowed in the Company's territories, but sepoy deserters from the service of His Highness shall, in like manner, be seized and delivered up without delay. ARTICLE 8. Whereas His Highness the Nizam, from considerations of prudence and foresight, and with a view of avoiding manifold evils, has determined on dismissing the French from his service, and on dispersing and disorganizing the troops commanded by them, as specified in the sixth Article, and on entertaining a perpetual standing force of the Honourable Company's in their room, subject to the limitations and restrictions prescribed by Earl Cornwallis's letter to His Highness the Nizam, mentioned in the first Article; it is therefore agreed, with a view to the mutual benefit of His Highness and the Peishwa, and the happiness of their respective subjects, that the Company's government will use their best endeavors to have inserted, with the consent and approbation of both, in the new Treaty in contemplation between the three Allied Powers, such a clause as shall set each at ease with regard to the other. Should the Peishwa, however, not accede to a proposal so highly advantageous and profitable to both governments, and differences hereafter arise between the two States, namely, that of the Nawab Ausuph Jah Bahadoor and of Rao Pundit Prudhan, in such case the English Government hereby engage that, interposing their mediation in a way suitable to rectitude, friendship, and union, they will apply themselves to the adjustment thereof, conformable to propriety, truth, and justice: the Nawab Ausuph Jah Bahadoor accordingly hereby engages never to commit on his part any excess or aggression against the Circar of Rao Pundit Prudhan; and in the event of such differences arising, whatever adjustment of them the English Government, weighing things in the scale of truth and justice, may determine upon, shall, without hesitation or objection, meet with full approbation and acquiescence. ARTICLE 9. All former Treaties between the English and the government of the Nawab Ausuph Jah and the Peishwa remain in full force. Should hereafter the Rao Pundit Prudhan express a desire to enter into subsidiary engagements, similar to the present, with the Company, the Nawab Ausuph Jah will most readily give his concurrence. ARTICLE 10. This enlarged subsidiary Treaty, consisting of ten Articles, being this day settled by Captain Kirkpatrick with the Nawab Ausuph Jah Bahadoor, Captain Kirkpatrick has delivered one copy hereof, in English and Persian, signed and sealed by himself, to the Nawab, who, on his part, has also delivered to Captain Kirkpatrick one copy of the same, duly executed by himself; and Captain Kirkpatrick hereby engages to procure and deliver to His Highness, in the space of fifty days, a ratified copy from the Governor General, in every respect the counterpart of the one executed by himself; and on the delivery of such copy, which will then have become a full and complete instrument, the Treaty executed by Captain Kirkpatrick shall be returned. In the meanwhile no time shall be lost in writing for the advance of the proposed reinforcement. Signed, sealed, and executed at Hyderabad the 1st September Anno Domini 1798, or 19th Rubby-ul-Awul, Anno Hegiræ 1213. HYDER ABAD. No. VIII. SEPARATE ARTICLES APPERTAINING TO THE TREATY WITH THE NIZAM. Separate Article appertaining to the perpetual Subsidiary Treaty concluded between the Honourable English East India Company and His Highness the Nawab Ausuph Jah Bahadoor on the 1st of September, Anno Domini 1798, or 19th Rubby-ul-Awul, Anno Hegiræ 1213. Whereas, in conformity to a wish expressed by His Highness the Nizam, the stipulation in the sixth Article of the subsidiary Treaty, respecting the delivering up of the French, is agreed to be made a separate HYDER- No. VIII. one, His Highness hereby engages that after the arrival of the Company's troops at Hyderabad, the whole of the French officers and soldiers in his service shall be apprehended, in such way as Captain Kirkpatrick may point out, and be delivered up to him, or for a time be kept in confinement, in a habitation belonging to this Circar, but in the custody of the Company's troops, and upon the re-organization of the party lately under the command of the aforesaid French officers and soldiers, shall, within the space of two months, be delivered up to the British Resident. Strict orders shall, moreover, be given to all talookdars on the frontiers, and to those in charge of all fords and passes, to seize any Europeans whatever attempting to pass their respective stations, and send them immediately, with all due precautions, prisoners to Hyderabad, where they shall instantly be delivered up to the British Resident. On the above condition it is hereby agreed that the Frenchmen thus delivered up shall not be considered as common prisoners of war, nor be in any respect maltreated. They shall be conveyed at the Company's expense and with as little restraint as possible to England, and from thence be sent by the first favorable opportunity to France, without being detained for a cartel or exchange of prisoners. Signed, sealed, and exchanged at Hyderabad the 1st September, Anno Domini 1798, or 19th Rubby-ul-Awul, Anno Hegira 1213. Separate Article appertaining to the perpetual Subsidiary Treaty concluded between the Honourable English East India Company and His Highness the Nawab Ausuph Jah Bahadoor, on the 1st September, Anno Domini 1798, or 19th Rubby-ul-Awul, Anno Hegiræ 1213. No correspondence on affairs of importance shall in future on any account be carried on with the Circar of Rao Pundit Prudhan, or with any of his dependants, either by the Nawab Ausuph Jah Bahadoor or by the Honourable Company's government, without the mutual privity and consent of both contracting parties; and whatever transactions, whether of great or small import, may in future take place with the aforesaid Rao Pundit Prudhan or his dependants, a reciprocal communication of the same shall be made to the other contracting party without delay and without reserve. Signed, sealed, and exchanged at Hyderabad the 1st September, Anno Domini 1798, or 19th Rubby-ul-Awul, Anno Hegira 1213. HYDER ABAD. Nos. VIII. & IX. TREATY for strengthening the alliance and friendship subsisting between the ENG- Whereas the deceased Tippoo Sultan, unprovoked by any act of aggression on the part of the allies, entered into an offensive and defensive alliance with the French, and admitted a French force into his army for the purpose of commencing war against the Honourable English Company Bahadoor and its allies, Nizam-ood-Dowlah Ausuph Jah Bahadoor, and the Peishwa Rao Pundit Prudhan Bahadoor; and the said Tippoo Sultan having attempted to evade the just demands of satisfaction and security made by the Honourable English Company and its allies for their defence and protection against the joint designs of the said Sultan and of the French, the allied armies of the Honourable English Company Bahadoor and of His Highness Nizam-ood-Dowlah Ausuph Jah Bahadoor proceeded to hostilities in vindication of their rights and for the preservation of their respective dominions from the perils of foreign invasion and from the ravages of a cruel and relentless enemy; And whereas it has pleased Almighty God to prosper the just cause of the said allies, the Honourable English Company Bahadoor and His Highness Nizam-ood-Dowlah Ausuph Jah Bahadoor, with a continual course of victory and success, and finally to crown their arms by the reduction of the capital of Mysore, the fall of Tippoo Sultan, the utter HYDER- No. IX. extinction of his power, and the unconditional submission of his people; And whereas the said allies, being disposed to exercise the rights of conquest with the same moderation and forbearance which they have observed from the commencement to the conclusion of the late successful war, have resolved to use the power which it has pleased Almighty God to place in their hands for the purpose of obtaining reasonable compensation for the expenses of the war and of establishing permanent security and genuine tranquillity for themselves and their subjects, as well as for all the powers contiguous to their respective dominions. Wherefore a Treaty for the adjustment of the territories of the late Tippoo Sultan between the English East India Company Bahadoor and His Highness the Nawab Nizam-ood-Dowlah Ausuph Jah Bahadoor, is now concluded by Lieutenant General George Harris, Commander-in-Chief of the forces of His Britannic Majesty and of the English East India Company Bahadoor in the Carnatic and on the Coast of Malabar, the Honourable Colonel Arthur Wellesley, the Honourable Henry Wellesley, Lieutenant Colonel William Kirkpatrick, and Lieutenant Colonel Barry Close, on the part and in the name of the Right Honourable Richard, Earl of Mornington, K. P., Governor General for all affairs, civil and military, of the British nation in India; and by the Nawab Meer Allum Bahadoor on the part and in the name of His Highness the Nawab Nizam-ood-Dowlah Ausuph Jah Bahadoor, according to the undermentioned Articles, which, by the blessing of God, shall be binding upon the heirs and successors of the contracting parties as long as the sun and moon shall endure, and of which the conditions shall be reciprocally observed by the said contracting parties. ARTICLE 1. It being reasonable and just that the allies by this Treaty should accomplish the original objects of the war (viz., a due indemnification for the expenses incurred in their own defence, and effectual security for their respective possessions against the future designs of their enemies), it is stipulated and agreed that the districts specified in the Schedule A, hereunto annexed, together with the heads of all the passes leading from the territory of the late Tippoo Sultan to any part of the possessions of the English East India Company Bahadoor, of its allies, or tributaries, situated between the ghauts on either coast, and all forts situated near to and commanding the said passes, shall be subjected to the authority, and |
