Ex Libris C. K. OGDEN LETTER ADDRESSED TO A MEMBER OF THE PRESENT PARLIAMENT, ON THE ARTICLES OF CHARGE AGAINST M4RQUIS WELLESLEY. J :O 83,, . CLisr^ G. SIDNET, Printer, Northumberland Street, Strand. LETTER ADDRESSED TO A MEMBER OF THE PRESENT PARLIAMENT, ON THE articles of Cfwrge" AGAINST MARQUIS WHICH HAVE BEEN LAID BEFORE THE HOUSE OF COMMONS. BY LAWRENCE DUNDAS CAMPBELL, PRINTED FOR T. CADELL AND W. DAVIES, STRAND. 1808. IMAL T <:< . to as . A LETTER, &c. IT affords me very high gratification to find, that my observations on the foreign policy of Lord Wellesley's administration, and on the late transactions in the Carnatic,* have fully satisfied your mind, of the wisdom and justness of the principles on which that policy, and those transactions were founded. I, therefore, readily comply with your de- sire, to submit to you my view of the ques- * Vide A Reply to the " Strictures of the Edinburgh Review, &." B if tion, that forms the subject matter of the specific charges which have been exhibited against Lord AVellesley, in the House of Commons. That question will, I presume, be finally determined in Parliament, early in the en* suing Session. And, as you concur in that general sentiment of reprobation, which all impartial and independent men express, at the conduct of the last House of Commons, in suffering the accusers of Lord Wellesley to postpone, from time to time, the consi- deration of the charges which they had brought against him, after the whole of their own evidence had been before the House and the country, for ten months, I shall hope to see you exert the spirit and manliness of your mind, and .the power of your constitu- tional knowledge, in asserting the legal right of the accused to call for a decision on his case, and in thereby rescuing the character 3 of Parliament, and the justice of your coun- try, from that opprobium with which any farther delay must indelibly stigmatize them.* , * The opinion of Mr. Fox on all subjects, must have great weight with you, and with every thinking man ; but on a constitutional question, it must carry with it all the force of decisive authority. In one of the last speeches which that illustrious man made in the House of Com- mons, relative to the charge against Lord Wellesley, he declared, " That the House, having pledged itself to the " accuser and the accused by this vote, and, more than " that, having actually ordered witnesses to attend, it stood " bound to both parties to enteY upon the consideration of " this charge at softie convenient time *****. We " had now only to proceed with the evidence for two or " three days -, and if it was likely to go to any lengthy then " it would be necessary to adopt some new and cxtraordi- " nary course ; for he felt that it was necessary y in justice " to the accuser and accused, that the House should come " to some decision THIS SESSION". Vide. Stocfcdale^s Parliamentary Debates, June 1 8, No. 16, page 250, et seq. In the course of this speech, Mr. Fcx B2 Leaving the merits of this point, therefore, to your informed understanding, and confid- ing in that spirit of justice, with which I cannot doubt the present House of Commons will be animated, I shall proceed to examine the specific articles of charge, on which its judgment will be called upon to decide. Of these charges, the first relates to the conduct of Lord Wellesley, in the late ar- rangements with the Nabob of Oude ; the second, to the arrangement which his Lord- ship concluded with the Nabob of Furruck- abad ; and the third, to certain measures which were adopted by the British govern- ment, against the Zemindars of Sassnee and Cutchoura. The two last charges are im- went so far as to state, that ministers might even advise his Majesty " to prolong the Session, and keep the Parliament " sitting," in order that the question might be brought to a speedy conclusion. plicated and involved in the first, and are in fact supplementary to it. The Nabob of Furruckabad was a tributary of the govern- ment of Oude; and the Zemindars of Sassnee, and Cutchoura were its subjects : Hence, the arrangement in Furruckabad, and the measures pursued against these Zemindars will be found to have followed, as necessary consequences of those proceedings in Oude, on which the accusers of Lord Wellesley found their principal charge. That charge rests on an assumption which I shall shew to be totally false; and on this assumption is raised a variety of allegations, which the very evidence adduced to sus- tain them completely disproves. To these allegations I shall hereafter particularly advert. But, in the first instance, it is of much more importance to prove, that the great measure of policy, which it is their object to criminate, was fully justifiable on 6 principles of general equity, and imperiously recommended, not only by the consideration of its being an essential part of an humane,, enlightened, and comprehensive system of political reformation, but also by a concur- rence of circumstances which actually in- volved the security of our dominions in Hin- dustan. In order to make you acquainted with th6 true grounds of this measure, and to prove, beyond the possibility of contradiction, the falsehood of the assumption on which the charge proceeds, it will be necessary to give you some account of the family of the present Nabob of Oude, as well as of the political state of that province, both before, and after, its connection with the British government. In the charge against Lord Wellesley, it is assumed, as an admitted and established fact, " that Oude is an INDEPENDENT PRUK- 7 " ciPAtiTT, under the government of a Sa- " VEREIGN, whose title is NABOB VIZIER!!" This assertion is expressed with such a felicitous incongruity, that, in spite of its bre* vitv, it contains in itself its own complete falsification. The Sovereign of an Inde- pendant principality is dignified with a title, which literally signifies, that he is not merely the dependant, but the actual servant of another monarch. I have shown in a late publication,* " that the title of Nabob could not have been adopted by any prince of Hindustan, without a degradation of his, superior rank, nor expressed along with his other titles, without a manifest solecism in language. According to "theMoghulInstitu- " tions, as established in Hindustan, Nabob " -(NdwdbJ was a title of honour, which was " always conferred on the Subahdars, orgo- * A Reply to the Strictures of the Edinburgh Review. 8 " vernors of provinces, and sometimes on the " Omrahs or nobles of the empire ;" and, ac- cording to the Mohgul institutions, as esta- blished throughout the whole of the Tartar conquests, the Vizier is the .first minister of the sovereign. The title of Nabob Vizier, therefore, means that the person so denomi- nated, is a nobleman of the Moghul empire, and the chief minister of the emperor. . The office of Vizier, as well as that of Su- bahdar, was entirely personal, and both were consequently held at the will of the sovereign, " TheSubahdar, along with his appointment, " received written instructions, in which the " duties of his office are specifically laid down, " and in which he is enjoined, in positive and " distinct terms, " not to consider himself as <( permanently fixed in his office, but to hold " himself, at all tirftes, in perfect readiness tc " be removed t on the shortest notice fron " the emperor"* These instructions prove, incontestibly, the dependant nature of a Su- bahdar's office ; whence the Nabobs of Oude, who were Subahdars of that province of the Moghul empire, derived all their local autho- rity and power. Safidut Khan, the ancestor of the present Nabob of Oude, and the founder of his fa- mily, was a native of Rhorasan, who had travelled into Hindustan as a military ad- venturer. Through the friendship which he formed with some of the principal officers of the court of Behaudar Shah, he was retained in the service, and in- troduced to the personal notice of that mo- narch. On the accession of Mohammed Shah, over whose mind he had gained a great ascendancy, he was first created an * Vide the Ayeen Akbarry, or the Institutes of Akbar, and the Akbar-Namah, or the History of Akbar. 10 Emir, or noble of the empire, then appointed to the govern ment of Akbarabad, and, finally, received the command of a Munsub, or corps of 5000 horse, the dignity of Nabob, and the Subahdarry of Oude. The elevation of this adventurer to these dignities, naturally gave his family consi- derable influence at court ; so that upon his death, his nephew Sufdar Jung was ap- pointed to succeed him in the government of Oude ; and on the death of the famous Ni- zam -ul-Mulk, he was raised to the high office of the Vizierut, or Vizier of the empire, and at the same time to that of Meer-atush, or master-general of the artillery. From both these offices, however, he was afterwards dismissed, for having ordered a favourite eunuch of the Emperor to be put to death ; but on account of his former services, he was allowed to retain the government of Oude. At his death, in 1753, his son, Sujah- ud-Dowlah, the father of the present Nabob, 11 was invested in the office of Subahdar of Oude ; and, on the elevation of the unfortu- nate Shah Allum to the imperial throne, in 1761, he was appointed Vizier of the empire. At that period of time the emperor was at war with the English, who had defeated him in several engagements, and who had in reality, if not ostensibly, established their sovereignty over the provinces of Bengal and Behar, of which he endeavoured, in vain, to divest them. Repulsed in these endeavours, he withdrew from the contest, and a cessa- tion of hostilities consequently took place, which lasted for two years. About the expiration of that time, a rup- ture broke out between the British govern^ ment and Meer Caasim Alii, the Subahdar of Bengal: and the cause of the latter being warmly espoused by the Nabob Yizier Sujah- ud-Dowlah, the emperor was again induced to proclaim war against the English, and to 12 march against them with a formidable army In this march he was accompanied by the Vizier, who, in his own mind, had formed the project, not only of re-conquering the whole of Bengal and Behar, but of extermi- nating the English in Hindustan. This mighty plan, however, was destroyed by the battle of Buxar, in which the English \ obtained a decisive victory over the Mussul- man arms. The vanquished emperor, mortified and dis- heartened, retired to Benares, from whence he communicated to the English general his desire to terminate hostilities, and to place himself under the generous protection of his conquerors : but the Vizier, exasperated, rather than humbled, at the overthrow of his ambitious scheme, determined still to op- pose them, on his own authority ; and for this purpose repaired to his government of Oude, where he assembled an army, com- 13 posed of his provincial troops, and a de- tachment of Mahratta mercenaries. This conduct, on the part of the Vizier, being of course considered by the emperor as an act of rebellion, he dismissed him from the vizierut, and from the subahdarry of Oude ; and concluded an agreement with the English, whereby it was stipulated, among other things, " that they should dis- possess the Nabob Sujah-tid-Dowlah, of the government and territories of Oude, and deliver them to the emperor." A fur- maun, or royal mandate was accordingly issued, in which it is expressly declared, " that the Nabob Sujah-ud-Dowlah, having " unjustly, and contrary to the royal pi ea- " sure, waged war against the English, the " country of Ghazipur, &c. &c. belonging to " the Nizamut (or Subadarry) of the Nabob " Sujah-ud-Dowlah, shall be given to their " disposal. And further, that the army of the 14 " English, &c. shall'put the emperor in pos- " session of the rest of the countries belong- " ing to the Nixamut of the Nabob Sujah- " ud-Dowlah"* In conformity with this furmaun, and with the stipulations in which it originated, the English marched against Siijah-ud-Dow- lah, and after totally defeating and discom- fiting his forces at the battle of Kalpi, made im entire conquest of the whole province of Oude. * See this Furmawn in the Appendix to the " View of " the Rise and Progress of the English government in " Bengal ; By H. Fere/sf, Esq.- late Governor of Bengal;" in which work, the whole of the transactions here glanced, at are recorded and elucidated. The Oriential reader will find the accuracy of Mr. Verelst's narrative fully con- firmed in the valuable History of Gkolaum Hussein Khan, who was a spectator of those events, and in many of them bore a personal share. 15 In this desperate situation of bis affairs, Sujah-ud-Dowlah threw himself on the mercy of the English, and surrendered at discretion. From the month of May, until August 1765, he continued a prisoner with the English army at Allahabad, when Lord Clive (then governor of Bengal) arrived there, for the purpose of making a final ar- rangement for the settlement of the pro- vinces, which had thus been conquered by the English arms. Various considerations of policy, which it would be irrelevant to my present purpose to state, induced Lord Clive to decline the ratification of the articles of agreement, which had been previously concluded with the emperor, notwithstanding the valuable cession of territory which had thereby been made to the company. His Lordship con- sidered, that from the very limited nature of the -Company's military resources, at ftiat 16 period of time, and still more from the con- tracted principles on which their affairs were then conducted in England, the establishment of a decisive and permanent political autho- rity in northern Hindustan, would, upon the whole, be a wiser policy, than to augment our power by any farther extension of ter- ritory in that quarter. And, for the purpose of establishing this political authority, his sagacity soon discovered, that the Nabob Sujah-ud-Dowlah, from the general spirit of his character, was the fittest instrument he could chuse. With this view, therefore, he prevailed on the emperor to give up to the Company, in perpetuity, the Diwannee, or revenues of Bengal, Behar, and Orissa, instead of the cession of actual territory before agreed on ; and, at the same time, he persuaded him to grant an amnesty to Sujah-ud-Dowlah, to restore him to his government of Oude, 17 and the office of Vizier, and, finally, to allow him to form, under the royal sanction, a treaty of protection with the English govern- ment. A convention of this nature was ac- cordingly concluded with Sujah-ud-Dowlah, in his capacity of Vizier of the empire, and under tlte seal of the Emperor ; whereby it was stipulated, amongst other things, " that the Company should protect the territory of Oude from all enemies by whom it might be attacked, ivith a part or with the ivhole of their forces, if necessary ; and that the Nabob Vizier should furnish the Company with part or the whole of his troops, in the event of their dominions being attacked; but that the EXPENSE OF THE COMPANY'S FORCES, EMPLOYED IN THE PROTECTION OF OuDE, should be defrayed by the Nabob ; that the Nabob Vizier should pay ffty lacs of rupees to the Company, in discharge of the ex- penses they had incurred by this war ; and that, when this last stipulation was fulfilled, 18 the Company's army should be withdrawn from the territories of Oude, and that pro- vince delivered up to the Vizier."* You will observe, that this treaty was ex- ecuted by Sujah-ud-Dowlah, as Vizier of the Moghul empire, under the seal, and with the expressed approbation of the Emperor ; that it placed under the protection of the English go- vernment a province of the Moghul empire, of which Sujah-ud-Dowlah was the chief magistrate, and that for the expense of suck protection, he bound himself to pay ; and that in making a fruitless attempt to establish an indeperidant authority, Sujah-ud-Dowlah had been subdued by the English, who, on his entire submission to them, restored him to * See this Treaty, or Convention, in the Appendix to Mr. Verelst's View of the Rise and Progress of the English Government in Bengal before referred to: and see also, in page 53 of that able and valuable work, the Author's elucidation of the Principles on which that Treaty was concluded. 19 his original situation of governor of Oude, under the influence of that paramount poli- tical ascendancy which they had acquired, hoth by their conquest of that province, and by the general fame of their arms. Yet, in the charge against Lord Wellesley, this very same treaty is gravely referred to, as affording " the fullest proof, in its form, " language, and tenor, that Sujah-ud-Dow- " lah was the sovereign of a state perfectly " independant ! ! !" That is, in " its form" he is designated as Chief Minister oftheMog- hul Empire; in " its language and tenor" he agreed to receive from the English, the ter- ritoryof Oude, to be governed by him, but to be PROTECTED BY THEM, AT HIS EXCLUSIVE CHARGE. So that these are the circumstances, thus happily adduced to prove, the PERFECT INDEPENDANCE of a Sovereign State ! The writers on the Law of Nations, to be c2 20 sure, inform us, that a state which submits to a superior power, and consents to place its PRESERVATION on the PROTECTION which that power stipulates to afford it, becomes subject to its PROTECTION, and is, therefore, no longer independant.* And it must be obvious to the common sense of every one, that he who is maintained by the support of another, is the DEPENDANT of the person by whom that support is given. But such considerations as these had no concern in the composition of this charge, the allegations of which could only be sus- tained by a gross perversion of the language, as well as of the spirit of history ; and in which, therefore, it was essential to as- sert, that Oude was an Independant Sove- reignty. * Vide Vattel, sur le Droit des Gens. p. 95. 21 The Province of Oude, indeed, had never been in a state of independance, since it was first subdued by the Mohammedan conque- rors of Hindustan. From that period of time until its conquest by the English, it continued a province of the Mussulman em- pire. After the establishment of the Moghul dynasty in that empire, and the consequent introduction of the Moghul institutions, the territory of Oude formed one of those grand divisions of Hindustan, which was called Subahs. Over the revenues of those Subahs, the Subahdars by whom they were governed had no authority whatever. The civil, judi- cial, and military authorities were entrusted to them ; but the revenue department was wholly committed to the management of an officer, called the diwan, whose office was completely distinct from that of the Subah- dar, and who was accountable only to the Yizier of the empire. In the decline and weakness of the Moghul power, many of the . 22 Subahdars assumed the diwannee, or the revenues of their respective Subalis, and some of them altogether cast off the authority of their sovereign. In Oude, the predeces- sors of Safdar Jung had never deviated in any manner from the strict line of their duty, nor had they ever violated the obli- gations of their public trust. But that officer, availing himself of his authority, as Vizier, and of the decisive influence which at one period he possessed at court, appro- priated to himself the revenues of his subah- darry, out of which he remitted an annual tribute to the royal treasury at Delhi ; and the payment of this tribute was continued by his son Sujah-ud-Dowlah, until the Em- peror had placed himself under the protec- tion of the English. This appropriation was made with the tacit concurrence of the Em- peror ; though it never received the sanc- tion of a royal grant, either in Altumgha or 23 in Jagheer* which, according to the Moghul constitution, could alone have rendered it legal. Those Nabobs, however, made not any farther encroachment on the rights of their sovereign ; but partly from the conti- guity of their government to the seat of the supreme power, and partly from the circum- stance of their holding the highest office in the empire, they were induced to adhere to their allegiance. Hence it appears, that the only decisive and open attempt which any of the Nabobs of Oude had ever made to establish an INDEPENDANT State, was the war in which Sujah-ud-Dowlah engaged against the English, in direct opposition to the commands of the emperor ; and the result of that war was, the transfer to the English of that DEPENDANCE on the court r * An Altitmgha is a free gift of a certain portion of tht revenues in perpetuity; a Jagheer is an assignment of portion of the revenues during life. 24 of Delhi, by which his authority had been upheld, and from which all his dignities were derived. Such then was the origin of the connec- tion between the British government and the Nabob of Oude ; which, whether he be considered as an officer of theMoghul empire, or as the chief of a province which had been conquered by our arms, and was placed under our protection, equally sealed his sub- jection to our power. The political supremacy which we had thus established over the province of Oude, was strengthened and confirmed by subse- quent transactions and compacts. In 1773, a fresh arrangement was concluded with Sujah-ud-Dowlah, by which it was agreed, that an English brigade should be perma- nently stationed in Oude, and that the subsidy 25 for the service of that brigade should be fixed at the rate of ^25,000 sterling, a month. Soon after the conclusion of this agree- ment, Oude was menaced by a most formi- dable invasion of the Mahrattas, who, under the command of Mahagee Scindeah, and Hol- kar, had actually penetrated into its western frontier, and carried their devastations into the neighbouring province of Rohilcund. But the English troops, to whom the defence of Oude was entrusted, attacked and re- pulsed them with considerable loss, and finally compelled them to abandon their meditated scheme of reducing these coun- tries to subjection. On this occasion the English government, and the Nabob Vizier, had made an engagement with Hafiz Rahu- mut, the Rohilla chief, whereby he stipulated to pay forty lacs of rupees towards the expenses of this war against the invaders of his country. But either from disinclination or inability, the fulfilment of this stipulation was delayed ; and this circumstance, together with some indications of an hostile disposi- tion towards the Vizier, which the Rohilla chief was alleged to have manifested, formed the ostensible grounds of that well-known Rohilla war, which took place in 1774, and which terminated in the conquest oj Rohil- cund by the English, and in their placing the whole of that fertile and populous province under the government of Oude, excepting a few districts, which were bestowed in Jag- heer on Fizula Khan, a justly- celebrated chief, who submitted to their arms. Upon the death of Sujah-ud-Dowlah in the following year, the investiture of the Vizierut, and of the Subahdarry of Oude, was obtained for his son, Assof-ud-Dowlah, from the court of Delhi, through the direct influence of the English government. And, 27 at the same time, a fresh treaty was con- cluded with the new Nabob Vizier, by which the force for the Protection of Oitde was considerably augmented, and the sum of thirty-one thousand pounds, per month, allotted for its expense. This force, however, was in a few years found inadequate, not only to the external defence of the country, but to the preser- vation of its internal tranquillity. It was, therefore, found necessary to strengthen it in the first instance, by a temporary brigade, and afterwards, in 1781* by a. permanent augmentation, for which the Nabob was charged with an increase of ^2,500 a month to the subsidy. The great irregularity, however, with which this subsidy was paid, and the ac- cumulating arrears into which it had there- by fallen, demonstrated the necessity of making a new arrangement with the Vizier, by which the nature of his connection with the Company should be clearly defined, and the subsidy fixed at a more regular standard. With this view, the Court of Directors in- structed the Governor-general in Council, in Bengal, in the early part of Lord Cornwallis's administration, to adopt immediate and deci- sive measures, for effecting a reformation in the state of our relations with Oude. In those instructions they observe " one thing " is clear ; the defence of Oude MUST be pro- " videdfor. If, therefore, the Cawnpore bri- " gade be not equal to such defence, either " the Vizier's troops MUST be reformed, so " as to make them serviceable, or another " detachment of the Company's troops MUST " be stationed in the country ; the additional " expense of which he may be able to de- " fray, by reducing his own useless troops. " This we recommend to your most serious " consideration; always bearing in yvur 29 " mind, that, from the nature of our connection " with the Nabob of Oudc, we consider the " prosperity of that country as inseparable (t fromthe prosperity of our own provinces ."* In the spirit of these instructions, Lord Cornwallis concluded a new compact with the Yizier, in which it was 'stipulated, " That he should pay up the arrears of subsidy then due ; that the subsidy should thenceforward be fixed at the annual sum of ^500,000, to be paid ivith strict punctuality, by monthly instalments ; that, should it at any time be necessary to station any additional troops in Oude, the expense of such troops should be defrayed by the Vizier; that a resident, that is, a confidential * Extract of a Letter from the Court of Directors t or Deputy of the Regent. So that Scindiah, the Mahratta Chief } was thereby the legal organ t as well as the actual and uncontrolled director, of all the public acts of the sjill nominal authority of i.he Moghul Sceptre. 48 " Onde f that we cannot withdraw from it; * ( and we are so situated in it, that without a " DECISIVE INFLUENCE IN ITS ADMINISTRA- " TION, WE CANNOT HAVE ANY SECURITY. " The consequences of such a situation might *' be fatal, if , the government of the country " were secretly hostile to us ; and such, in " my judgment, would be the situation of " the Company, under the administration " of Vizier Alii.' 3 * Considering that the British government possessed the undoubted and universally -ac- knowledged right of sovereignty over the state of Oude, and considering that the territory of Oude ivas not, and never had been, the pro- perty of any of its Nabobs, who only held the office of chief magistrate of that pro- * See Sir John Shore's (now Lord Teignmouth) Minute In Council, 13th Jan. 1798, before referred to, Qude Papers, &c. &c. 49 vince, both under the Moghul constitution* and the English supremacy, it appeared to the Governor-general to follow, as a neces- sary consequence, that the British govern- ment had an unquestionable right to dismiss the Nabob from his office, when the internal welfare of so important a dependancy, the stability of our supremacy over it, and the political interests of our Indian empire at large, would have been endangered by his continuance in it. The Governor-general therefore, determined to enforce the right of deposition. Vizier Alii was accordingly displaced-, and Saadut Alii, the present Nabob, invested in the government of Oude. With respect to the person thus placed by the British government in the important office of Jirst magistrate of Oude, it is ob- served by Lord Teign mouth, " that every argument of a political nature was in his favour ; and that these arguments may be 50 comprised in this reflection" " THAT His " WHOLE DEPENDANCE AND SUPPORT ARE " ON THE ENGLISH COMPANY."* Thus the Nabob Saadut Alii was raised to the government of Qude, by the Com- pany, upon the express principle of a com- plete and absolute depcndance on their autho- rity ; and, as dependance necessarily implies obedience, he, by consequence, received it, upon the understood condition of his implicit compliance with their instructions, in all matters relating to the affairs of his govern- ment, and to that radical reform in its do- mestic administration, which his predeces- sors had so often, and so earnestly been recommended to effect. Nor is this condi- tion in any manner weakened, or remitted, though it be partially modified by some of * Lord Teignmouth's minute, 13th January, 1798, before referred to. 51 the stipulations of the treaty, which, on this occasion, Lord Teignmouth framed, and concluded between the Company and the Nabob. By this treaty it was, among other things, stipulated, " First, that the English Com- pany, having made a large augmentation to their military establishment in Oude, the Nabob agreed, in addition to the annual subsidy, before paid, to pay in perpetuity the further sum of nineteen lacs, twenty * two thousand three-hundred and sixty- two rupees, making together the sum of seventy six lacs of rupees, or, in pounds sterling, 912,000/. and this sum to be punctually paid, month by month, as it became due ; Second, that the English forces, maintained in Oude for its defence, should never consist of less than 10,000 men, and if at any time it should become necessary to augment the English troops in Oude, beyond the E2 52 number of 13,000 men, the Nabob agreed to pay the actual difference occasioned by the excess above that number ; Third, that the exclusive possession of the fortress of Allahabad, should be made over to the Com- pany, together with a sum of money suffi- cient for improving the fortifications ; Fourth, that, as the payment of the Com- pany's troops depends on the regular dis- charge of the subsidy, the Nabob engaged to exert his utmost endeavours to discharge the stipulated monthly payments with punc- tuality ; but if, contrary to his sincere in- tentions and exertions, these payments should fall into arrear, the Nabob engaged and pro- tnised to give such SECURITY to the Com- pany, for the discharge of the existing ar- rears, and the future regular payments, as should be deemed SATISFACTORY ; Fifth, that as by the engagements thus entered into between the Company and the Nabob, the amount of the subsidy was considerably 53 increased, and many other permanent charges upon his Excellency were incurred, on a comparison of his disbursements with the assets of the country, it became necessary to make such reductions in the superfluous charges of the public establishments, &c. &c. as might be requisite, or as were consistent with the maintainance of the Nabob's dig- nity ; and the Nabob agreed to consult with the English governments, and in concert with them, to devise the proper objects of such reductions, and the best means of effecting them ; Sixth, that as the political interests of the Company and the Nabob WERE THE SAME, it was agreed, that all correspondence between the Nabob and any foreign power should be carried on ivith the knowledge and concurrence of the Company ; and the Nabob agreed, that no correspon- dence, contrary to the tenor of this article, should be carried on by him ; Seventh, that the Nabob should not entertain any European 54 of any description, in his service, nor allow any to settle in the country, ivithout the con- sent of the Company; and eighth, that the Nabob should possess full authority over his household affairs, his hereditary domi- nions, his troops, and his subjects." These stipulations confirm and ratify the principle on which Saadut Alii was placed by the English, at the head of the govern- ment of Oude. They established the entire political dependance of the Nabob on the Company, by positively restricting him from holding any correspondence with any foreign poiver, without their consent : they place the military poiver of the state altogether under the authority of the Company, by authori- zing them to augment, at their discretion, the forces permanently stationed for its pro- tection, to an indefinite amount ; and by binding the Nabob to defray the additional charges of such .augmentation, they recog- ftize the necessity of reforming the system of civil administration in Oude, by binding the Nabob to act in concert with the British government, in effecting a reduction of the public establishments, in order that the revenues of the state might be improved, and thereby rendered adequate to the in- creased charges of subsidy : and they leave the administration of the internal govern- ment, as it was before, under the authority of the Nabob. Such, evidently, is the spirit and sense of the treaty which Lord Teign mouth con- cluded with Saadut Alii. But the accusers of Lord Wellesley have laid great stress on the last clause, upon the presumption that it vested a degree of authority in the Nabob, which precluded the interference, and ren- dered him independant of the controul of the British government, in regard " to his household affairs, his dominions, his troops, 56 and his subjects." The real meaning, how- ever, of ^this clause clearly is, that the Kabob should possess full authority over his household, his troops, and the dominions and people of Oude, so far as regarded the cus- tomary administration of his domestic go- vernment, 4 This degree of authority necessarily be- longed to the Nabob, as first magistrate of the country ; but it in no manner contra- vened, or invalidated that paramount con- " trolling power of the Company over him, in all matters of importance, to which his predecessors had been invariably subject, to which he himself owed his elevation, and which was ratified by all the other stipula- tions, as well as by the general spirit and tenor of the treaty in question. The literal signification of the words, " he shall have " full authority over his hereditary do- " minions and subjects" is equally re- 57 pugnant to the truth of history, and to the nature of our relations with the state of Oude : for I have shewn that none of Saadut-Alli's family ever possessed any dominions at all ; that their authority over Oude originated in their being governors of that province under the Moghul emperor to whom it belonged ; and, that after its con- quest by the English, they were continued in it, as the political vassals of our govern- ment. But even if the literal signification of those words had been historically true, it would nevertheless have been wholly in- admissible in the interpretation of this treaty ; because it is irreconcilable with its other clauses, as well as with its general spirit, and with the principle on w r hich it was framed. In such a case, we are bound to interpret the adverse clause in a sense which shall be consonant to the other parts 58 of the treaty. We must consider the whole treaty together, in order perfectly to under- stand the true sense of any particular clause; and we must give to each expression, not so much the signification of which it in- dividually admits, as that which it ought to have from the context and spirit of the- treaty. Upon this maxim of natural reason, which is laid down in the Roman law/ and which is observed in all laws, in the inter- pretation of covenants, I have explained the meaning of the clause in question, upon which the accusers of Lord Wellesley had fastened, if not with the dexterity of so- phistry, at least with the eagerness of a con- scious weakness. This treaty, together with the principle on which it was framed, and the right of de- * Incivile est, nisi cota lege perspecta, una aliqua par- ticulaejus proposita, judicare, vel respondere Vide Digest. lib. i, ///. iii, de legibus, I. 24. 59 position which it established, was finally ratified by the Court of Directors, who ex- pressed their approbation of it in terms of the most unqualified applause. " After an atten- " tive perusal," they observe, " of the " several minutes and letters of the late " Governor-general, which contain a most " able, elaborate, and impartial detail of " all the circumstances which led to a de- " cision, by which Vizier Alii was deposed, " and Saddut Alii placed upon the musnud, " we have not the least hesitation in pro- " nouncing, that, in that decision, the just " right of inheritance has been supported, " and the honour, the reputation, and the " justice of the Company's government " fatty maintained"* * Extract of a general Letter to Bengal, in as far as regards Sir John Shore's conduct in the arrangements for Oude, dated 15th May, 1796. -Oudc Papers, No. 3 in No. 1. 60 From the brief historical account which I have thus given you of the family cf the Nabob of Oude, and of the origin, the progress, the nature, and the spirit of our connection with that state, you will, I con- ceive, be fully satisfied, that the assumption on which the charge proceeds, of the Nabob Fizier being the sovereign of a state perfectly independant, is totally and com- pletely unfounded. But, on the contrary, you will agree, from the extent and variety of the evidence which has been adduced, that the following facts, essential to the main question at issue, are fully substantiated. First. Neither Saadut-Alli, the present Nabob of Oude, nor any of his family ever possessed, or had the smallest pretensions to, either the title or dignity of a prince, or the sovereignty of Oude. Second. Oude was a subah, or province, 61 of the Moghul empire, which, according to ^he constitution of that empire, was go- verned by an officer called a Subahdar, who also possessed the title of Nabob. Third. The ancestor, the grandfather, and the father of the present Nabob of Oude, were Subahdars, or governors of that province, appointed by their sovereign, the Moghul Emperor, whom they represented, and from whom they derived all their authority and power. Fourth. In addition to the office of go- vernor of Oude, the grandfather and father of the present Nabob, filled the high office of Vizier, or first minister of the Moghul empire. fifth. Though those officers, taking ad- vantage of the vast authority with which they were invested, and of the weakness tp 62 which the power of their master was then reduced, had appropriated to themselves the revenues of Oude, from which they paid only an annual tribute to the royal treasury, yet neither of them ever attempted to cast- off his dependance on his sovereign, until, in the year 1/63, Sujah-ud-Dowlah formed the scheme of driving the English from Hindustan, and in execution of that scheme waged war against them, in direct opposition to the positive orders of the Emperor. Sixth. The result of that war was the ENTIRE CONQUEST OF OuDE BY THE ENGLISH, and the SURRENDER OF SUJAH-UD-DOWLAH, WHO THREW HIMSELF ON THEIR MERCY. Seventh. The English having thereby acquired the unquestionable right of djspo- sing of Oude in any manner they thought most conducive to their own interests, re- 63 s/ora/Sujah-ud-Dowlah to the government of that province, under the stipulations of a com- pact, made with the concurrence, and executed under the seal of the Moghul Emperor. Eighth. By virtue of that compact the province of Oude was placed under the en- tire protection of the English, and the Nabob was bound to defray the expenses of such protection : so that, in effect, the Nabob was thereby made completely de- pendant on the military poiver, and subject to the political authority of the English. Ninth. By several subsequent covenants, and by various other transactions, between the English and the Nabob, their authority over him was PROGRESSIVELY INCREASED ; in so much "THAT THROUGHOUT ALL INDIA" the English dominions, and the province Of Oude, " WERE CONSIDERED AS FORMING " ONE STATE," and that, in the opinion of 64 the inhabitants of Oude themselves, as well as of all the other natives of Hindustan, that province was considered as a " DE- " PENDANT FIEF" of the English govern- ment. Tenth. That such likewise was the opi- nion of Marquis Cornwallis, of Lord Teign- mouth, of the Court of Directors, and of the Board of Control, all of whom thought that the exercise of a decisive au- thority over Oude, by the English govern- ment, was absolutely essential y not only to the internal prosperity of that province, but to the security of our own dominions in Hindustan. * Eleventh. On this principle, Marquis. Cornwallis thought himself justified in ex- ercising a direct and positive control over ttye government of Oude, not only in it political and military relations, but also i its civil affairs, by making his approbation indispensable in the choice, and his sanction necessary in the appointment of its public ministers ; by instructing those ministers in the duties of their official functions ; by recommending to the Nabob, and to them, in the spirit of authority, a plan of reform for the domestic government of the country; and by informing the ministers, that they were RESPONSIBLE to the ENGLISH GOVERN- MENT for RESTORING OuDE to a FLOURISH- ING STATE. Twelfth. Lord Teignmouth pursued the same mode of control over the conduct of the Nabob's ministers, and remonstrated with the Nabob himself, in the strongest terms, on the growing evils inherent in the system of his domestic government, and on the necessity of his reforming it according to the plan which Marquis Cornwallis had so strenuously recommended : And, on, 66 two memorable occasions, Lord Teignmouth found it necessary to put in actual force the. paramount AUTHORITY of the English over the government of Oude; 1st. bj disposing of the Rohilla Jagheer, contrary to the ivishcs of the Nabob : 2d. by DEPOSING Vizier Alii, the acknowledged son and pre- sumptive heir of Assof-ud-Dowlah, after the English government had publicly sanctioned feis elevation to the Nabobship, and by PLACING SAADUT ALLI IN THAT STATION. Thirteenth. Lord Teignmouth concluded a treaty with Sa&dut Alii, whom he had thus raised to the Nabobship, whereby that entire political and military power, which the English had always exercised over this their " DEPENDANT FIEF/' was fully RA- TIFIED by positive and express stipulations ; whereby the Nabob was bound to pay to the English government t out of the revenues of Ondc, the annual sum of nine hundred and twelve thousand pounds, in order to support the expense of that paramount power, which was thus definitively established-, and where- by he was moreover bound to defray the expense of any augmentation to the military establishment in Oude, which the English government might hereafter think it necessary to make. These facts prove incontestibly, the com- plete paramount power and authority pos- sessed by the English government over the province of Oude, and the progressive in- crease of that power and authority from the origin of their connection with it, up to the conclusion of the treaty of 1798- Hence , then, Oude was a " DEPENDANT FIEF," and, by necessary consequence, the Nabob wag a VASSAL of the English government. I shall now proceed to shew you, 1st. That such being the real nature of the re- F2 68 hition between the English government and the Nabob of Qude, the right of paramount au- thority over him, which Lord Wellesley en- forced, is founded on the established principles of universal justice. 2d. That there had ex- isted, for a long period of time, a general ne- cessity for exercising this right, in order to effect a radical reformation in the internal government of the country. And, 3d. That, superadded to this general necessity, there was, at the commencement of Lord Wellesley's administration, a. particular po- litical necessity, which rendered the imme- diate exercise of this right indispensable to the security of the British dominions in Hindustan. First. The accusers of Lord Wellesley contend, that whatever virtual rights the Company may have possessed over the go- vernment of Qu.de, from the general nature and spirit of their connection with it, yet, 69 under the stipulations of the treat}' of 1798, no rights could be justly exercised, except such as those, stipulations expressly autho- rized ; and as those stipulations did not sanction the right of coercive interference in the internal affairs of that province, the exercise of it on our part, was a violation of our covenant with the Nabob. But these profound logicians have overlooked this important consideration, that there are certain rights inherent in the civil consti- o tution of mankind, which, unless covenants expressly restrain, they are always under- stood to recognize. Every man has a right to demand reparation for an injury which his 'interests are sustaining, through the mis- conduct, or negligence of any person with whom he may have contracted an engage- ment in which those interests are essentially involved. And so far from his contract precluding him from insisting on adequate reparation, unless it expressly contains such 70 a power, it becomes forfeited by the party guilty of the misconduct or negligence, from the very circumstance of those inte- rests having thereby suffered, which it was designed to protect. This right is founded on the principle, that the protection of men's property and interests being essential to the existence of civil society, all acts, or omissions, by which they shall receive any material detriment, ought in justice to be punished. The sound wisdom and morality of this prin- ciple has rendered its equity and usefulness universally manifest. Combining in itself the idea of preserving the benefits of the labour, with that of inciting the active virtues of mankind, it has been adopted into all the most distinguished civil codes which have prevailed in the world. In the Roman law, in the feudal law of Europe, in the law of England, and in the Mohammedan 71 law, both as it is laid down in the writings of the Arabian lawyers, and as it was modified under the Moghul institutions, it forms a fundamental maxim of equity. * * The authorities to which you may refer on this sub- ject are almost innumerable; but you may conveniently consult, Domains abridgement of the Civil and Public Law ; Wright, or Spelman, on Feudal Laivs and Tenures and Hamilton's Translation of the H eddy a, or System of Mohammedan Law. This code of Mohammedan Law, however, is only in part practised under the Mussulman governments of Hindustan, where the celebrated system of ABU HANIFAH, modified in some particulars by Moghul institutions and customs, more generally prevails. Of the numerous commentaries on this system, nothing has been translated into any European language, except a short Tract on Inheritance, of which Sir William Jones has given an English version. But in all the different systems of Mussulman law, the principle which I have stated is clearly laid down, and a set of rules founded upon it, analogous to those of the laws of Europe. As to our own laws, it is unnecessary to make any reference. You know that the principle is explained at 72 Accordingly, in those systems of juris- prudence, the rule of right which I have laid down, is applicable to all persons what- ever. But between a paramount and his vassal, or a landlord and his tenant, there exists a right of a still stronger nature. If a man receives from another, under a special contract, during life, the manage- ment and usufruct of any particular pro- perty in land, in which the granter retains a considerable interest, not only in its re- version, but in its annual produce, the tenant who enjoys the property shall be account- able to his landlord for the use which he shall make of it : and, if any material waste be committed, or suffered, in that property, either by any voluntary act, or by the omission great length by Sir Edward Coke ; and the practical rules stated and elucidated by Blackstone, in the chapters on Waste, and on Forfeiture. 73 of any necessary duly, the tenant shall forfeit loth his contract and the land which he has thus wasted ; unless the contract contains a specific clause to exempt him from the penalty. Now, by waste is meant, not only that demolition in the temporary profits of the land, but the destruction of the land itself, by rendering it desolate and unproductive : so that in the eye of the 1 law, no civil offence can be of a more heinous nature thait that mismanagement, or neg- ligence, from which such ruinous conse- quences inevitably flow. Hence, in the laws of England, the statute directs, that the tenant shall not onli; LOSE and, FORFEIT the PLACE wherein the WASTE was committed, hut ako TRETJLE DAMAGES. And, according to the Mohammedan law, the possessor of an estate for life, is liable tO the IMPRISONMENT OF HIS PERSON", US Well as to the FORFEITURE of that estate, if by 74 his misconduct he injures the property com- mitted to his trust. The equity of this rule, therefore, will not be questioned by Englishmen, who see it practised every day in the courts of Westminster-hall ; much less will it be objected to by the Mussulmans of India, who know it to have been promulgated by the Arabian legislators, and sanctioned by the most renowned of their Moghul princes, whose joint authority, in all legal affairs, they would account it sacrilege to impeach. If then, the equity of these rules of civil wisdom be admitted, in dispensing justice to individuals in the common transactions of life, with how much greater force must it be felt, when applied to the affairs of nations ; in which the interests and happiness of so many millions of men are concerned, and in which, therefore, the waste and deterio- 75 ration ot property arising from negligence and misrule, must be productive of such extensive calamity. A paramount state, therefore, which shall have committed to its vassal, during life, under the stipulations of a covenant, the domestic government of any province, over which it retains the supreme political and military power, together with a large portion of its revenues for the support of that power, possesses the just right to. make that vassal accountable for the manner in which he shall administer its affairs. And if, through any mismanagement, omission, or negligence of the vassal, the province shall have suffered waste, the paramount state has a right to demand from him the resti- tution of the country, the government of which, together with his covenant, he has, by his misconduct, completely forfeited. Hence, then, the British government possessed that just and indisputable right, not merely of coercive interference in the domestic affairs of its " DEPENDANT FIEF," (the province of Oude,) but also of compel- ling its VASSAL, (the Nabob,) to surrender back' that province, which, according to the established rules of equity, sanctioned by those laws which he is bound to obey, as well as by those of every civilized nation, he had for ever forfeited, in consequence of his having, either through contumacy or omis- sion, made no endeavour whatever to remedy rr$ a -i* that pernicious system of administration, which both he and his predecessors had been I r so often instructed to reform, which origi- nally produced that deplorable waste, which his own peculiar misgovernment had so largely extended, and which was dilapidating the revenues, impoverishing the people, and fast reducing the country to a state of wretchedness, anarchy, and despair, calcu- lated at once to invite the hostility of our enemies, and to render it a source of endless distress to ourselves. Of the Nabob's misgovern ment, of the additional calamities which it brought on the country, and of the consequent general necessity which there existed for the exercise of the right in question, the clearest and most irrefragable evidence shall now be ad- duced. Second. It has been already stated, that the civil condition of Oude had, for a long period of time, exhibited a most afflict- ing picture of dilapidation and misrule; and that it had consequently been an object of increasing anxiety and uneasiness to the British government. This condition arose partly from the radical defects of the Nabob's system of government, and partly from the rapaciousness, corruption, and depravity, which prevailed in all its different depart- ments, and which characterized jthe conduct 73 of its public officers. These abuses, which existed long before* the province became subject to the paramount authority of the English, must infallibly have soon produced a total dissolution of the Nabob's govern- ment, were it not for the partial subordi- nation which that authority inspired : and though the policy which we pursued was ill adapted to arrest the rapid progress of such enormous evils, it undoubtedly saved the country from internal rebellion, as well as from foreign invasion. In the administrations of Marquis Corn- wallis and of Lord Teign mouth, our policy in regard to Oude was greatly improved; the real nature of our connection with it was more clearly defined ; a firmer and more t This fact is candidly stated by the native historia/i Gholaum Hassein Khan, in his Seir Mfadkhareen, or View ree " hundred to four hundred miles distant " from Oude. This state was founded in " 1740, by Ahmed Shah Duranee, a war- " rior of great renown throughout Asia, " who left to his successor Zemaun Shah, * See Letters and Papers relative to the apprehended invasion of Hindustan, by Zemaun Shah, King of CabuL -Oude Papers, No. 12 in 2. m " not only a numerous and well-disciplined array, but also the fame which that " army had acquired under his command, " in his several invasions of Hinddstan, and " more particularly in his celebrated victory "over the Mahrattas at Paniput. Along " with these inheritances, Zemaun Shah *' possessed something of the enterprizing spirit, and all the ambition of his ances- " tor. The design of subjugating the " state, of Oude, and of extinguishing the ffahab's family, had long formed the " main object of that prince's policy ; and * his inveterate hostility to the English " power in Hindustan had been publicly " and repeatedly announced to all the " courts of AsiaV'*- * Having given this short account of Zemaun Shah, In a recent publication, and knowing it to be accurate, I have thought it best to transcribe it here> without any alteration in the form of 123 The march of Zemaun Shah into Hin- dustan, was a part of the extensive scheme} which Tippoo Sultaun had formed for extermination of the English in India, which, in conjunction with France and with several Mussulman chiefs, he was, in the latn ter end of 1798* on the point of carrying into actual effect.*? Advices had at the same time been ceived by Lord Wellesley, from the Court of Directors, apprizing him of Buonaparte's expedition into Egypt, and of India being the ultimate object of his destination. f * See the Letters of Tippoo to the Governor of the Mauritius, to the Executive Directory of France, ad to Zernaun Shah. Asiatic Register, for 1799, VoJ. I. State Papers,, &<;. f See an extract of a, Dispatch from the, Court of Directors to the Governor-general, Ibid. 124 At this critical conjuncture, when it was palpably necessary to call forth the whole resources of our Indian empire, in its own defence, and, at the same moment, to assem- ble a powerful army in the Carnatic to op- pose the designs of Tippoo, and another in Oude to resist the invasion of Zemaun Shah, what, in a military point of view, was the actual state of that our frontier province in Hindustan, and the declared object of the enemy's attach ? Sir James Craig, the Commander in Chief of the British forces in that dependancy, informs us, in his public dispatches to the Resident at Lucknow. " that should the long- " threatened invasion of Zemaun Shah be at " length realized, there was, he thought, little " doubt that he would be supported by al- " most the whole of the Rohilla tribe, and " that the means, therefore, to be employed " to repel it, must be of a magnitude far 125 " exceeding what was then in the pro- vince."* This account of the danger to be appre- hended from the disaffection of the Rohillas, is strongly confirmed by a dispatch of Major-general Stuart, the officer who com- manded the English forces which were stationed in Rohilcund. " I do conceive," says he, " in the event of " Zemaun Shah's actual approach, that the " presence of the whole of the force under " my command w ill be required in Rohil- With regard to the state and disposition of the Nabob's troops at this period, Sir * Qude Papers, No. 12 in 2, p. 35. f ibid supra, p. 24. 126 James Craig, in his letter to Lord Wellesley, gives the following account: (1 I know not What to say with respect " to the Nabob's troops. I would be con- " tent that they should be useless, but I " dread! tfiei? being detttg&rous. Unless " s^me stefy is taken with regard to them, " I should be almost as Unwilling to leaVfe " them behind me, AS I SHOULD BE TO " LEAVE A FORTRESS Otf THE ENEMY. The *" Nabob is highly unpopular, and of all f< his subjects, I believe he would least ex- pect attachment from his army." * * * *' Your Lordship judges most rightly, that " in its present shape, 720 sort of service can " 5e effpfectexJ from the Nabob's army ; *' and I a"m confident, that ivithout a total '* change in the policy of the government, " and in the manners of the people, there " exists no possible means by which it can " be rendered such as can merit that the 127 " smallest degree of confidence should be " placed in it. The money now expended " on the Nabob's army is thrown aivay, and " can only be rendered subservient to the " object of general defence, by being ap- t( propriated to the increase of the Com- " panys army. ****** The Nabob " has repeatedly declared to me, that we " must not reckon on deriving the smallest " assistance from his troops. He said, that " their arms in general tvere scarcely ser- " viceable, that there was no subordination <( amongst them, and that no reliance was to 4( be placed on their fdelity. * * * The " Nabob expressed considerable apprehen- " sions, with respect to the Rohillas, who " he repeatedly said, he had no doubt ivould " take up arms, the moment they could " make themselves sure of support by " Zemaun Shah's approach. He was ex- " tremely pressing to have some of the " Company's troops left for his own pro- 12S " tection ; indeed he almost made it a con- " dition" * * * With respect to the re- sources in Oude for the supply of the army at this crisis, Sir James Craig informed Lord Wellesley, " that he was sorry to see good " grounds for the conviction, that no one ?' step had been taken, for laying in grain " in any of the magazines ; and that this " important object would never be attained, ?' whilst the management of it remained i?i " the hands of the Nabob's people"* The melioration in the state of Oude, however, which the circumstances here re- * These facts are substantially contained in Sir James Craig's evidence before the House of Commons ; but I. have chosen in this place to take them from his letters ; because those letters were written on the spot, and at tht time, and because they furnished the information upon which Lord Wellesley acted, in framing the subsequent arrangements for improving the defence, as well as the ge- neral condition of Oude, by reducing the Nabob's troops. 129 lated so strongly demanded, was reserved for a season of greater tranquillity, and there- fore more suitable for effecting the im- portant arrangements, which the attainment of such an object necessarily embraced. By the enlarged and dextrous .policy of dispatching an embassy to the King of Persia, a diversion was effected against Ze- maun Shah in that quarter, which, together with some domestic dissentions, compelled him to retreat from Hindustan ; whilst the same policy, by an effort of vigour and promptitude which has been rarely equalled, anticipated the hostility of Tippoo, and in a few months completely subdued his power. And, in Oude, the party of Vizier Alii was routed and dispersed. But those important successes, though they greatly lessened the magnitude of the general danger, and averted the immediate K 130 invasion of Oude, yet in no manner dimi- nished the force of that imperious necessity, which the other political circumstances con- nected with the state of Oude had created, for insisting upon the Nabob making such immediate reparations as the dangerous vices of his government, the increasing waste which the country was suffering, and his own continued neglect did in justice entitle us to demand. The arcliieves of Seringapatam had dis- closed the whole details of the vast plan which had been formed for the destruction of the English power in the East. From these it appeared, that almost all the French officers in the service of the native princes, had either been directly concerned in that scheme, or had secretly encouraged it. It also appeared, that Tippoo had succeeded in obtaining a promise of neutrality from Scin^ deah, in the event of Zemaun Shah invading 131 Hindu-Stan ; and that he had also engaged him to exert his influence in the councils of the Peishwa, to detach that prince from the British alliance. Scindeah had been induced to promise this neutrality from his own jealousy of the English power ; aud from the hope that Holkar, hig rival in the Mahratta empire, might, from his warlike and predatory spi- rit, and from his known desire of ravaging the British provinces in Bengal, be led to take an active part against the English. The fall of Tippoo produced no change in the hostile sentiments which Scindeah thus cherished against the English power, and which, indeed, he seemed not very solicitous to conceal. But the ' violent dis- sentions which prevailed at Poonah en- grossed all his attention to the politics of the Deccan ; and he entrusted to Perron the K2 132 exclusive and uncontrolled management of all his interests in Hindustan. The views and interests of that officer, and those of France, I have already shewn to be the same ; and the fact* of his having made no preparation ivhatever to take the field, when Zemaun Shah was in full march into Hin- dustan, clearly indicates a knowledge on his part, that the invasion was not directed against his interests, and that he had no thing to fear from it ; so that, combining this circumstance with his known policy, it is, I think, fair to conclude, that, in the event of another expedition from Cabul, he was much more likely to have supported it, than to have thrown any impediment in its way. Nor was the apprehension of another ex- * See Sir James Craig's evidence before the House of Commons, Minutes of Evidence, p. 98. 133 pedition against Oude, and the British pro- vinces in Hindustan at all diminished by the circumstance of Zemaun Shah having been dethroned ; for his brother Mahmud Shah, who perpetrated that act, and who placed himself on the throne, was known to entertain precisely the same vieivs in re- gard to the projected invasion of Hindus- tan*. Hence, then, there were two existing sources of external danger to Oude, at the * This fact is confirmed by the evidence before the House of Commons. See Extract of a Letter from Governor Duncan, (the Governor of Bombay) to the Secret Committee of the Court of Directors, 8th January, 1801. In this letter, after mentioning the termination of the contest between Zemaun Shah and his brother, and the elevation of the latter, Governor Duncan expressly says, " The news refers to the probability of Mahmud pro- " securing his brother's vieivs in India, to which he is said *<* to have been invited by the Afghan 134 beginning of the year 1801, against which it was evidently necessary to provide -.first, the invasion of Mahrnud Shall, the new king of Cabul, which Governor Duncan, on certain information received from Persia, represented as probable, arid as being insti- gated by the Afghan chiefs ; and second, the French Mahratta establishment in the Du-ab, which, at best a suspicious neighbour, was, in that view, formidable, from its intrinsic force, but which was still more formidable, from the circumstances of that force being constantly stationed on our open and de- fenceless frontier, and being, in that posi- tion, under the ostensible sanction of the Moghul, and the powerful protection of Scindeah, the actual instrument of the policy of France,* and the means to which she * See a Memorial on the present Importance of India, and on the most EFFICACIOUS MEANS OF RE-ESTABLISHING THE FRENCH NATION in that country. This dpcument was obtained at Pondicherry, from an 135 confidently looked for the ultimate accom- plishment of her known designs on Hin- dustan. The execution of those designs might be retarded for a while, by tempo- rary obstacles; but the policy on which they w^ere formed was steady, constant, and uniform ; and it was certain would never be abandoned by any government in France, much less by the grasping ambition of the present ruler. f This last source of danger, therefore, was constant, progressive, and at hand, and was, in its nature, calculated to lead to actual hostility. The landing of a French force officer who accompanied General De-Caen to India, in 1802. An extract from it, which proves the fact I have stated, may be seen in a valuable and interesting publi- cation, intitled, Notes relative to the peaci concluded between the British government and the Mahratta chieftains, &c. Stoddale, 1805. 136 on any of the shores of the peninsula, or a rupture with the Mahrattas would have been the signal for Perron to have marched into Oude with his whole force. The events which soon afterwards took place, in the war with Scindeah, attest the justness of this observation : and if, at that great crisis, the military defence, the civil condition, and the financial resources of Oude had not been previously strengthened, improved, and consolidated, the consequences of Perron's hostility would, in all probability, have proved fatal to that dependancy, if not to our own contiguous territories. That this French Mahratta army, of forty thousand disciplined troops, stationed on the unprotected frontier of Oude, was a neigh- bour who required to be guarded with the most unremitting vigilance, and by an ade- quate force, is. a position that cannot be controverted : that the mutinous state of the 137 Nabob's troops, and the rebellious disposi* tion of the Rohillas were sources of immi- nent danger, in the event of an attack from that neighbour, is equally undeniable. There existed, therefore, the strongest political ne- cessity for making immediate preparations in our own defence, suited to the nature and extent of the perils that threatened us, and adapted to establish a substantial and perma- nent protection against them. And, as it has been already shewn, from the internal state of the country, that those preparations could not have been made, without a total change in its civil affairs ; so it became the duty of Lord Wellesley to employ a period of peace in effecting an object, which was palpably essential to the safety of our in- terests, and which we were entitled to de- mand from the Nabob, on the clearest prin- ciples both of policy and of justice. Thus the four points on which the merits 138 of this question entirely rest, and must be finally decided, appear to be established,- namely : First. The province of Oude \vas--a_ " DEPENDANT FIEF," and the Nabob a VASSAL of the British government. Second. The right possessed by the Bri- tish government, of exercising its paramount authority over this its VASSAL in all matters of importance, and more especially of de- manding from him substantial reparation for any waste committed, or suffered, through his mismanagement, or omission in this " DEPENDANT FIEF," was founded on the established principles of universal justice, Third. There had existed for a long period of time, a general necessity for exer- cising this right, in order to effect a radical reformation in the internal government of 139 the dependancy ; and, combined with this general necessity, there was the increasing tvaste which the British interests were daily suffering through the contumacy, or negli- gence of this VASSAL, and which, therefore, intitled the British government to exercise its right of calling on him for ample re- paration. Fourth. Superadded to this general ne- cessity, there was, in the early part of Lord Wellesley's administration, a particular po- litical necessity, which rendered the imme- diate exercise of the right in question indis- pensable to the safety, not only of this " DEPENDANT FIEF," but of the actual ter- ritories of Britain in Hindustan. Having then shewn, that the Nabob, on the established principle of forfeiture for waste committed, or suffered, had completely forfeited to the British government the place 140 which he had wasted, it follows, that any arrangement made by the British govern- ment, by which the whole forfeiture was not insisted on, was an abatement of its legal claim, and, therefore, an act of signal indulgence. Now, Lord Wellesley did not insist on a greater reparation from the Nabob than was exactly sufficient to secure effectually, the amount of revenue, necessary for the sup- port of our establishments in Oude. He commuted the subsidy which the Nabob was previously bound to pay, for a portion of territory, the annual revenue of which, as then assessed, was exactly equal to that subsidy : He reduced the Nabob's mutinous and incorrigible troops, in whose " fidelity " and services' the Nabob himself declared " there was no reliance to be placed: " and, he reserved to the Nabob a considerable territory, comprizing some of the most fer- 141 tile districts in Oude, free from the payment of any tribute, and from all pecuniary demands whatever ; but under positive stipu- lations, that he should effect a complete re- form in the civil administration of his government. The correspondence which took place between the British government and the Nabob relative to those important transac- tions, was extremely tedious, and by him unnecessarily and purposely prolonged ; so, that, under all the aggravated circum- stances which have been stated, it does in my opinion exhibit a degree of patience and forbearance on the part of Lord Wellesley, which is highly commendable in itself, but to which the Nabob's contumacious con- duct in no way intitled him. It is wholly useless to trespass upon your time with any detailed account of that cor- 142 respondence* the whole, of it is before the House ; and it will, therefore, be sufficient to mention the objects to which it related, and the results to which it led. A few months after Lord Wellesley's ar- rival in Bengal, his attention was powerfully called to the situation of affairs in Oude, and particularly to the state of our military defence in that dependancy, by the menaced invasion of Zemaun Shah. As soon as certain intelligence was received, of that prince being actually on his march into Hindustan, the English army in Oude was increased from ten thousand men, the num- ber stipulated by Lord Teignmouth's treaty to be stationed constantly in the country, to twenty thousand men, which Sir James Craig, the Commander in Chief in Oude, represented to be absolutely and indispen- sably necessary to defend the province* * See Sir James Craig's evidence befor the House of Commons. Minutes of Evidence, p. 91. 143 against the enemy who threatened to in- vade it. This augmentation of the army for the defence of Chide, occasioned a demand on the Nabob for a proportional increase of subsidy, which, according to the 7th article of Lord Teignmouth's treaty, and to Lord Teignmoutlis interpretation* of that article, the Nabob was bound to provide. This increase of subsidy amounted to fifty-four lacs of rupees, which, together with the subsidy of seventy-six lacs, fixed by treaty, inade the sum of one million, six hundred and * " By the terms of the treaty," said Lord Teign- mouth, " if the Company thought it necessary to station ** a force, to the amount of double the force stationed in " 'Oudc, the Nabob was bound to pay for that firce, so " long as it was necessary for the defence of the country." Minutes of Evidence before the House of Commons, p. 13. 144 eighty-nine thousand, one hundred and s/r- teen pounds sterling. The dilapidated resources of Oude pro- duced by former waste, and by the Nabob's own mismanagement and neglect, disabled him from fulfilling his payments under the augmented subsidy, which, therefore, fell into an arrear of four hundred and seventy - five thousand pounds, sterling. * This arrear the Nabob declared his inabi- lity to liquidate, in consequence of the dis- ordered and distressed state of the country, and of the increasing defalcation in its revenues.* But, whilst he made this de- claration, and constantly expressed an ear- * See Col. Scott's letter to the Nabob. Oude Papers, No. 3. p. 83-4. f See the Nabob's letter to Col. Sctft. Oude No. 3. p. 77, 102, and 141. 145 nest solicitude to remedy the evils of which he complained, he used not the smallest endeavour whatever to accomplish that object ; and whenever he was pressed by the British Resident to adopt some decisive measure for removing the acknowledged abuses of his government, he invariably be- trayed that real disinclination and reluctance to any change in his ruinous system, which always lurked in his heart. When Lord Wellesley discovered this* disposition in the Nabob, and saw that he was making no effort, either to liquidate the arrear which was due, to reform his government, or even to reduce those super- fluous establishments which formed one of the obligations imposed on him by the treaty of 1798, his Lordship insisted on an imme- diate reduction of his mutinous and useless troops, as a very material saving in the public expenditure would thereby be ob- 146 tained, as they constituted a primary source of the grievous calamity with which the country was afflicted, as they formed the first object of reform in the government, and finally, as the Nabob himself had re- peatedly acknowledged the necessity of such a measure, and had, with apparent earnest- ness, even urged its adoption. But, when the reduction was actually com- menced, the Nabob, in the face of his former declarations, started objections to it; and when these objections were removed, he still frustrated and delayed it by various secret artifices, which prove incontestibly, that he had no intention whatever of ever reforming his government, or of repairing the waste which the country was suffering through his pertinacious misconduct, and that all his specious professions on that subject were hollow and insincere. 147 Under these circumstances the reduction of the Nabob's troops was at last accom- plished ; but the arrears of subsidy remained still unpaid. And, though Zemaun Shah bad then retired to his own country, it was still necessary, as I have already shewn you, to keep a large force in Oude to watch the motions of the French Mahratta army, which was stationed on its open frontier, and to awe into submission, by a superi- ority of strength which would not be op- posed, rather than by measures of coercion which must have terminated in bloodshed, that rebellious spirit of the Rohillas, which had kept the whole province in continual alarm. The Nabob's continued failure, therefore, in paying up the arrears of subsidy, was attended with considerable inconvenience tQ theBritish government; and, consequently, its interests were sustaining a positive and direct 148 damage from the Nabob's culpable pro- crastination in repairing those errors in the internal management of the country, which at the same time he urged as an apology for the very failure in question. About this period of time, the Nabob made a proposal to Lord Wellesley to abdi- cate the government of Oude, stating, " That he felt himself unequal to manage " it, either with satisfaction to himself, or " advantage to the people ; for, that he was " neither pleased with them, nor they with " him:"* but he accompanied this pro- posal with the conditions, that one of his sons should be appointed to- succeed him, and that he should be allowed to retain posses- sion of the public treasure, witli the sole and absolute power to dispose of it, in any manner he might think Jit. * See Colonel Scott's report to the Governor-general, 22d Nov. 1799 Qudt Papers, No. 3. 149 To his abdication on these conditions Lord Wellesley refused to agree. An un- conditional abdication, though a thing highly desirable, was nothing more than the British government had a legal right to de- mand, as the forfeiture for the tvaste which the country was suffering through the Nabob's pernicious administration, and in consequence, not only of his stubborn re- jection of every measure which had been proposed for its improvement, but also of his actual opposition to the reduction of his troops, whom he himself represented as useless and faithless, and of his positive failure in the payment of his subsidy. And, though from motives of indulgence to the Nabob, the British government was induced to remit the full exercise of this right, it would have been at once criminal and pre- posterous to have placed the Nabob's son at the head of the government for the purpose , of intitling him to the same indulgence, and 150 of enabling him to participate in those in- veterate abuses, which it was evident from experience he would never make any sin- cere or effectual endeavour to correct. The administration of Oftde, under the extra- vagance of Assof-ud-Dowlah, and the parsimony of Saadut Alii, had been alike destructive to the public interests ; whilst both of them admitted the necessity, yet rejected the means of reforming it. So that there was, therefore, good reason to believe, that any son of either of those Nabobs would be actuated by the same dis- tempered prejudices that had made them adhere to the ruinous customs, which they had at the same moment followed and con- demned. # With regard to the public treasures, as they formed a part of the resources from which the Nabob derived the means of ful- filling his current payments to the Com- 151 pany, it is manifest, that Lord Wellesley could not consent to their being appro- priated to the Nabob's exclusive use, in the event of his resigning the government, without releasing him from the obligation of paying up his arrears, and without thereby adding in an equal proportion to the public embarrassments of the state. Wellesley, therefore, informed the Nabob, that he could not consent to his abdication, unless he surrendered to the Company, in perpetuity, the sole and ex- clusive possession of Oude, under such ar- rangements as should secure a liberal pro- vision for himself and his family. The Nabob, however, would not ac- quiesce in this proposition ; which, founded on substantial justice, was neither adapted to gratify his sordid avarice, nor to flatter his i insidious pride : and, as the notion of ab- 152 dicating the government had entirely origi- nated with himself, Lord Wellesley did not press it upon him, and the business accord- ingly dropped. Yet, whilst the Nabob was thus soliciting the British government for permission to appropriate the public treasures to his own private use, his arrear still remained unliqui- dated, and the financial exigencies of the Country continued rapidly to increase. Such at last was the pressure of public distress, that the Nabob explicitly declared his ap- prehension of a total failure in the revenues ; and he again intreated the aid of the British government to place them under a better system of management. Lord Wellesley embraced this occasion of again impressing upon his mind the indispensable necessity of an immediate and total change in his government, and of his giving the Company a complete and permanent security for the 153 future maintainance of the British army in Oude, which was essential to the projection of the province against foreign aggression, and to its preservation from domestic com- motion. On these principles Lord Wellesley pro- posed to the Nabob, as the result of his final deliberations on this important subject, that he should transfer to the Company the exclusive possession of the whole pro- vince of Oude, with all its public authori- ties ; and that he should receive for himself, and all the branches of his family, his re- lations and dependants, such allowances as should be amply proportioned to their respective ranks and dignities. If the Nabob objected to this proposal, his Lord- ship informed him, he should not enforce it ; but that in that case he must insist on the Nabob making an immediate cession to the Company, in perpetuity, of such par- 154 ticular portions of territory, in commutation of the subsidy which he then paid, as should appear best calculated to secure the general interests of the state. The Nabob, in answer to this communi- cation, made such earnest objections to the proposal of transferring the whole province to the Company, that Lord Wellesley, from motives of lenity, and from considerations of personal respect, was induced to re- linquish it. His Lordship, therefore, only insisted on the territorial cession , in com- mutation of subsidy ; and he accordingly instructed the British Resident in Oude to make an arrangement with the Nabob for that purpose, The Nabob, however, by long delibera- tions, frequent discussions, much evasion, and occasional letters, contrived to delay, for nine months, the conclusion of this arrange^ 155 ment; until at length the necessities of the country became so urgent, and the arrears of subsidy, which had been due for three years being still unpaid, Lord Wel- lesley determined to admit of no farther postponement of a settlement, in which the interests and happiness of so many millions of people were involved. He, therefore, deputed his brother, Mr. Henry Wellesley, to the Nabob ; who, by the spirited good sense, and judicious moderation of his con- duct, in conjunction with the knowledge and experience of Colonel Scott, soon brought the business to a final termination. In November, 1801, a treaty with the Nabob was concluded, by which certain dis- tricts in the dependancy of Oude, the annual revenue of which exactly amounted to the subsidy that the Nabob was before bound to pay, were ceded in perpetuity to the Company; by which the Nabob was 156 exonerated from all future payments of sub- sidy, as well as from all pecuniary demands whatever; and by which the Nabob en- gaged to establish, in the reserved depen- D O t dancy, such a system of administration as should be adapted to secure the lives and property, and to advance the prosperity of the inhabitants. Lord Wellesley, soon after the ratifica- tion of this treaty, proceeded to Oude him- self, when, in several conferences with the Nabob, he adjusted some points arising out of the provisions of the treaty, which formed a necessary supplement to it. These points were, 1st. the immediate discharge of the arrear of subsidy, which, though some part of it had been paid, still amounted to 242,000. 2d. The further reduction of the Nabob's military establish- ments to five battalions of infantry and two 157 thousand horsemen. 3d. The future regu- lar payment of the pensions to the Nabob's relations and other dependants. 4th. The introduction of an improved system of civil government into the reserved dominions of Oude, with the advice and assistance of the British government. 5th. The British force employed within the reserved dependancy, to be concentered at a cantonment in the vicinity of Lucknow. The Nabob made no material objections to any of these points, and an arrangement found- ed upon them was accordingly concluded. Thus the dependancy of Oude, whilst it was narrowed in its extent, was improved in its condition, by the reduction of the Nabob's troops ; by the Nabob being bound by an express stipulation of his new cove- nant, to reform all the existing abuses of his civil government ; by the additional security 158 which it derived from the new arrangement, both with a view to foreign invasion and to internal rebellion ; by the general confidence with which the people were inspired ; and by the encouragement which was conse- quently held out to the revival of industry, agriculture, and commerce. These important benefits were greatly enhanced by the principle of choice adopted by Lord Wellesley, in fixing on the districts to be placed under the British government. His Lordship did not fix on those districts in which there existed a comparative supe- riority in point of tranquillity and cultiva- tion ; but he made choice of those parts of the country in which the greatest turbu- lence and waste prevailed, which had been annexed to the province of Oude by the British arms, which had never peaceably submitted to the Nabob's government, and which formed the natural barriers of that 159 dependancy, as well as of the whole of our dominions in Hindustan, not only against the encroachments of the French Mahratta establishment on our frontier, but against the attack of any invader from the North- west of Asia. Hence, the districts appropriated by the British government were, Jirst, those which, together with the tributary state of Furruc- kabad, form the tract of country called the lower Du-ab, that is situated between the rivers Jumnah and Ganges, and extends from their confluence at Allahabad, to the French Mahratta frontier on the plains of Coel; second, the districts of Rohilcund, which were annexed to Oude in 1774, and which bound it on the North; and third, the district of Goorakpoor, which forms ite Eastern confine. Into all these tracts of country the same system of government was introduced as 160 that which had long been established in Bengal; and which had redeemed that fer- tile province from a state of impoverish- ment and misery, and raised it to a higher degree of affluence and happiness, than what history records, or even poetry celebrates, of its ancient condition. Thus our dependancy in Oude is now surrounded by provinces, flourishing under the benignant influence of the British sys- tem ; and protected, not alone by the power- ful valour, but by the unsullied and wide-, spreading fame of our arms. This auspicious conclusion, as well as every other part of those important trans- actions, was regularly reported to the Court of Directors, and highly approved of by them. The printed papers before the House of 161 Commons shew, that as early as the 3d of October, 1798, Lord Wellesley stated to the Secret Committee of the Court of Directors, that he had under consideration, " the best " means of securing the regular payment " of the subsidy in Oude." * In his letter to the Secret Committee, of the 21st and 28th November 1799, Lord Wellesley continues to state " his anxiety " to carry into execution such a reform of " the Nabob Vizier's military establishments, " as should secure us from all future danger " on the frontier of Oude, and should " enable him to introduce a variety of ne- " cessary improvements in the government " of the country." -j* His Lordship again brought the subject * Oude Papers, No. 5. * Ibid, supra. M 162 before the consideration "of the Secret Com- mittee in January and in March, 1800. In his letter, under date the 7th of March, he observes, " When I shall have completed " my arrangements for the military defence " of Oude, and shall have disarmed the " useless and dangerous troops of the Yizier, " I shall proceed to adopt the most effectual " measures for the reform of all the branches '. " of his Excellency's government. Such a " reform cannot be postponed without the " certain injury, if not the absolute destruc- " tion of the valuable resources which the " Contyany at present derive, from that " country.'"* On the 31st of August 1800, the Gover- nor-general in Council, in a letter to the Secret Committee, reported, " That it was " their intention to proceed, with the least * Oude Papers. 163 '* possible delay, to a revision of the Nabob " Vizier's civil establishments, and of the " general interests of the Company in the " province of Oude." * The treaty with the Nabob was concluded on the 10th of November, 1801, and a copy of it was transmitted to the Court of Di- rectors, on the 14th of that month. This dispatch was received by the Court of Di- rectors in May 1802; and, after eighteen months deliberation on the subject, the Secret Committee, on the 19th of November, 1803, addressed the Governor-general in Council, in the following terms ; " Having taken into our consideration the " treaty lately concluded between the Go- " vernor-general and the Nabob Vizier, " we have now to SIGNIFY OUR APPROBA- * See Oude Papers. M 2 164 " TION OF THE PROVISIONS of that treaty. " We consider the stipulations therein con- " tained, as calculated to improve and secure " the interests of the Fizicr, as well as " those of the Company, and to provide " more effectually hereafter for the good " government and prosperity of Oude, and " consequently for the happiness of its- f< native inhabitants"* Thus was the APPROBATION of the Court of Directors explicitly and unequivocally expressed, by that authority to whom their power, in political affairs, is delegated by Act of Parliament. I have indeed heard, that the faction, by * See this letter in No. 12, of the list of Papers before the House, marked No. 2. page 58. It is signed, JACOB BOSANQUETJ v JOHN ROBERTS, WILLIAM DEVAYNES. 165 whom the councils of the Company have for these last two years been ruled, attempt to make a distinction between the orders and communications of the secret com- mittee, and those of the whole body of the Directors ; as if the approbation of a treaty, or of any other political measure, trans- mitted by that committee to the executive officers in India, was not to be considered by them as conveying the sanction of the supreme authorities in England, or as a binding and definitive confirmation of the Act to which it related. But to shew you that this distinction has not even the merit of a sophistical fallacy, and that it is totally untrue in fact, as well as in reason, it will be sufficient to cite to you, the ORDER of / the whole collective body of the Court of Directors, which is transmitted regularly every year, to the Governor-general in Council at Bengal. That ORDER is thus expressed : " Having appointed 166 " during the present direction, to be a secret " committee, agreeable to, and for the pur- " poses stated in, the Acts of the 24th, 26th, " and 33d of his present Majesty, ive here- *' by direct, that ALL ORDERS AND INSTRUC- " TIONS which you shall receive from our " said secret committee be OBSERVED and " OBEYED with the SAME PUNCTUALITY AND " EXACTNESS, AS THOUGH THEY HAD BEEN " SIGNED BY THIRTEEN, or MORE members " of the Court of Directors, conformable to " the said Acts." The gentlemen who make the distinction in question, may continue to exercise their unsophisticated casuistry in maintaining, that the executive officers in India had no right to consider the orders and instructions of the secret committee, as having the au- thority and force of the Court of Directors : but I think that you, and every other man unconnected with those most conscientious reasoners, will agree, that, by the annual order of the Court of Directors, and consequently by the Acts of Parliament therein referred to, the Governor-general was bound to " observe' the dispatches of the secret committee, with the same attention as those of the Court of Directors at large ; and, that he was, therefore, bound to consider their APPROBATION of the arrangements in Oude, as a complete and final ratification of them. After reading this statement of the trans- actions in Oude, which is supported in all its parts by the accuser s own evidence, I request you to turn to the specific allegations of the charge, and ask your own clear and unbiassed judgment, whether Lord Wel- lesley has been guilty of injustice and op- pression f Has his Lordship, as the charge asserts, violated the rights, and insulted the sovweign of an independant state ? Did he unjustly, unlawfully, and on false pretexts, pour troops into Oude, in order to effect designs of encroachment , extortion, and cor- ruption ? Did he unlawfully call on the Nabob, contrary to treaty, to good faith, to honour, and to honesty, to defray the ex- penses of those troops, for the sinister pur- pose of. compelling the Nabob to declare his inability to do so? And finally, did he un- justly and unlawfully seize on that declared inability, as a pretext for depriving the Nabob of one half of his territories & Compare these allegations with the evi- dence which has been adduced in their sup- port, with the elucidations which I have given you of that evidence, with the grounds on which I have placed the main question at issue, and witfy the arguments by which I have maintained those grounds, and, I think, you cannot but be satisfied, that the whole charge is a tissue of falsehood and misrepre- 169 sentation, more gross and palpable than any with which parliament, or the country was ever before attempted to be deluded. There are, however, three remaining alle- gations against Lord Wellesley, upon which it may be necessary to make a few obser- vations. His Lordship is charged with having been guilty of an illegal act, in appointing his brother, Mr. Henry Wellesley, to conclude the negotiation ivith the Nabob, and after- wards to superintend the transfer and set- tlement of the ceded districts in Oude. The alleged illegality of appointing Mr. H. Wellesley to manage the settlement of the ceded districts, is founded on the cir- cumstance of Mr. Wellesley not being a covenanted civil servant of the Company, and his appointment being therefore supposed 170 to be contrary to the provision of an Act of Parliament. But a reference to the particu- lar clause in the Act, which contains the provision alluded to, will at once shew you, that it does not embrace, and can on no means be made applicable to the temporary appointment in question, The Act of the 33d Geo. III. cap. 52. sec. 57. directs, " That all VACANCIES in " the civil line of the Company's service in " India, shall be supplied from amongst the " Company's civil servants." Here you see, that the letter of this clause applies only to the filling-up of VACANCIES in the Company's regular civil establishment in India ; and it is quite evident; that taking the spirit of the clause in its widest latitude, it can only apply to appointments to PER- MANENT offices, under an extention of that establishment. It is, therefore, totally in- 171 applicable to the appointment in question, which was in its nature temporary, and in its duties confined to particular and distinct objects. Mr. Henry Wellesley was private and confidential secretary to the Governor-* general : and, from the circumstance of his holding that situation, from the authority which his own tried abilities naturally gave him, and from the respect which the near- ness of his connection with the Governor- general was calculated to create amongst the natives, his Lordship justly conceived, that it would be productive of advantage to the public service, to employ him in carrying into effect the final arrangements in Oude. For this purpose he was first deputed to Lucknow, to bring the long depending ne- gotiation with the Nabob to a conclusion ; and, after the accomplishment of that object, he was appointed, with the temporary rank 172 of Lieutenant-governor, to be President of a Commission, composed of the Company's civil servants, and instituted for the express and exclusive purpose of introducing into the ceded districts that system of revenue, */ and of jurisprudence, which was established in our other dominions in India. So that, when this specific service was completed, the commission for which it was formed was of course dissolved. From this appointment Mr. Wellesley derived no emolument whatever, nor did he ever receive any pay. His salary as private secretary to the Governor-general, the amount of which is fixed by the express orders of the Court of Directors, was continued to him ; but he neither received, nor would lie accept of any thing beyond it. The whole cost of this appointment to the Com- pany is, therefore, comprised in the charge N made for the extra expenses which he un- 173 avoidably incurred in the performance of his arduous and important duties. The right of the Governor-general to make an appointment of this nature, is fully recognized by the discretionary power with which he is invested, of selecting for the execution of extraordinary and important services, those persons who shall appear to him best qualified to perform them with credit and success, and in whom, therefore, he can repose the greatest confidence. The exercise of this discretionary power was justified, not only by the practice of the Supreme Government in India, but by the express sanction of the Court of Directors. Lord Cornwallis appointed Colonel Read, and three military officers, to settle the countries ceded by Tippoo Sultauh in 1792. Mr. Henry Wellesley was appointed to a commission for settling the affairs of the conquered countries in 1799 ; and the Court of Directors not only approved of this appointment, but bestowed a reward on Mr. Wellesley for the important service which he had rendered the Company on that oc- casion* Lord Wellesley, therefore, had the most powerful reasons for appointing his brother to a similar commission in Oude ; and the Court of Directors found the same cause to testify their approbation of the manner in which that service was performed. In the letter from the Secret Committee of the Court of Directors to the Governor- general in Council in Bengal, before referred to, and under date the 19th November 1803, their approbation is expressed in the follow- ing terms : " We cannot," they say, " conclude, without expressing our satis- 175 " faction, that the cessions in question have " been transferred, and provisionally set- " tied, with so little delay, and in a manner " so satisfactory, as already to admit of " their being brought under the general " administration of the Bengal government. " The Special Commission, at the head of " which Mr. Henry Wellesley was placed^ " appears to have executed their trust with " zeal, diligence, and ability ; and the set- " tlement of the revenue, which they have '* concluded for a period of three years, " holds out flattering prospects of future " increase. The general report delivered in <( by Mr. Wellesley, on the* termination of " his mission, has afforded us much satis- " factory information with respect to the " resources of the upper provinces; and " we are happy to take this occasion of ap- " proving the conduct, and acknowledging " the services of that gentleman." 176 The accusers of Lord Wellesley, how- ever, entertain a far different opinion of those services ; for, through the agency of Mr. Wellesley, his Lordship is expressly charged with having committed " Mur- der ! / r But when, to their infinite mortification, they discovered that the official documents, which they had moved for and laid before the House, did not supply them even with a colourable ground on which this general, but positive, accusation could be sustained, and that the cry of indignation and horror which it was their sole object to raise against the accused, was turning upon themselves with reverberated force, some of their more discreet, if not less malevolent, abettors, thought it might be prudent to give some explanation of the specific acts, which their peculiar notions of the distinctions of crimes, and the propriety of language, had led them 177 to designate, under the expressive appella- tion of *' Murder." They accordingly drew up a supplemen- tary article of charge, accusing Marquis Wellesley of high crimes and misdemeanors, in his transactions with the Zemindar of Sassne and Bijjeghur, the Zemindar of Cutchoura, and other Zemindars in the Dd-db. In this article, the original charge of " Murder" is explained in the following manner : That Lord Wellesley usurped the country of the Du-db, in ivhich the Zemin- dars in question possessed estates, and in ivliich they resided; that he demanded from them an increase of the land-rent, or tax. That the Zemindars REFUSED TO PAY this increased rent. That Lord Wellesley, in consequence, declared them to be in a state of rebellion. That troops were marched N 178 against them to compel them to submit. That the Zemindars naturally resisted that force. That many of their followers and adherents fell in the conflicts which conse- quently took place. And, finally, that all these acts were unjust, unlawful, cruel, and tyrannical, having been committed totvards persons over whom the British government had no control, from whom Lord JFelleslcy, therefore, had no right to demand allegiance, who oived no obedience ivhatever to his com- mands, and who were, " IN LAW AND IN " FACT, THE SUBJECTS OF THE NABOB " VIZIER OF OUDE." Now, taking the facts as they are here stated by the accusers, it is clear they would not have considered the acts imputed to Lord Wellesley as unjust and unlawful on the part of the Nabob Vizier of Oude, as the Zemindars were, " in law and in fact" the Nabob's subjects. If, then, I have sue- 1/9 r.eeded in proving, that the arrangements concluded with the Nabob Vizier, by Lord Wellesley, were founded in justice and sound policy, it is impossible to deny, that the transfer of the Nabob's civil authority over the districts in the Du-ab, and, conse- quently, over the Zemindars in question, to the British government, which formed the principal part of those arrangements, was a just and legal act. And if that transfer was just and legal, the Zemindars of the Du ab became, " in laiu and in fact" the subjects of the British government. Having thus become the lawful subjects of the British government, those Zemindars were bound to obey the laws which that government enacted, and, by an unavoidable consequence, to pay the taxes which it im- posed. And, if they resisted the execution of its laws, or the payment of its taxes, the government had a clear and indisputable 2 180 egal right to coerce them into submission by force of arms. Hence, any resistance which they made to the exercise of this right, was an act of rebellion against the sovereign authority of the state, by which their lives and properties were protected from all enemies ; and by which, therefore, ac- cording to the principles of equity, and to the practice of nations, they were under a sacred obligation to obey. That the Zemindars did not concur in the change of government, or were hostile to it, could in no manner alter the obligation of their allegiance, or exempt them from the penalties of treason and rebellion. A government, whatever may be its form, which is justly established in any country, is the legitimate organ of the nation, and all its acts are completely valid in themselves, and binding on the people. The Zemindars, 181 and other inhabitants of the Du-ab, were subject to the dependant government of the Nabob in all civil affairs ; but they owed obedience to the paramount authority of the English, because they derived from them their sole security against all foreign aggres- sion, and more particularly against the Mahrattus, whom nothing but such power- ful protection could have prevented from annually ravaging and laying waste their lands. It is therefore plain, that if the Nabob, under all the peculiar circumstances which I have stated, was legally bound to submit to that paramount authority, so all those subject to his subordinate government, and consequently the Zemindars of the Du-ab, were necessarily included in that submission. Hence, the arrangements made with the Nabob, for placing the Du-ab under the immediate authority of the British government, was completely binding on the Zemindars : and hence, if they opposed that 182 authority with an armed force, we had an unquestionable right to declare them in a state of rebellion, to reduce them to obedi- ence, and to inflict upon them all the penal- ties which they had incurred. The exercise of this right, however, ought in general to be used with a sparing, though firm, hand. In a rebellion arising from a recent change of government, many extenuating circumstances may occur. Much certainly is due to mistaken views of na- tional interest, much to ancient, or con- firmed prejudices, much to the excesses of a generous enthusiasm, and more to the mis- guided virtues of private worth. But in the case under our review, where can we find any of those mitigating cir- cumstances which engage our compassion, and soften the rigour of the law ? 183 The charge, indeed, informs us, that the Zemindars of the Du-ab are Rajahs, who have descended from the ancient Hindu princes of Hindustan " 1 1 trough a long line " of venerable ancestry ; that they possessed " princely rights, honours, and estates, ivliich " their sovereign could neither alienate nor 13 " destroy ; that they were greatly respected " by the sovereigns, and highly revered by " the people of Hindustan ;" and that the Zemindar of Sassnee and Bijjeghur was " RENOWNED" for his " PRIVATE WORTH," and " BELOVED" by the WHOLE COUNTRY, on account of the l< EQUITY" and " LIBE- *' RALITY" of his " character." But this glowing picture is only a ficti- tious representation, displayed by the ac- cusers as a stratagem to lure the sympathies of the ignorant, and to betray them into an approbation of their cause; for the first glance of truth detects and defeats it. 184 In describing the condition of the Du-ab, in a former part of this letter, I stated, that the Zemindars of that country were charac- terised by their predatory and rebellious spirit ; that they had amassed wealth, by committing continual depredations on their neighbours, and by the habit of making enormous exactions from the travelling mer- chants who passed through their districts ; that, in order to protect the property which they had thus acquired, they had erected small forts, and retained in their service large bodies of armed adherents ; and that, fortified by these means, they had long op- posed the lawful authority of the govern-* ment of Oude, and had never paid their taxes, until they were reduced to submission by force of arms. The accuracy of this ttatement is fully proved by the accusers' 9wn evidence at the bar of the House of 185 Commons, * and is sufficiently corroborated by the very documents laid before the House, in support of this specific charge, f As to the *' venerable ancestry of those " Zemindars, and to their princely dignities " and estates /" it is necessary to advert to a few historical facts, in order that you may know the real nature of those hereditary distinctions, the fall of which we are so dole- fully called upon to reverence and bewail. All the native historians, who describe the state of the Du-ab in modern times, concur in representing the chief Zemindars of that * See the evidence of Major Ousely, Aid-de-camp to the Nabob of Oude. Minutes of Evidence t p. 67. before referred to. f See Supplement, No. 2 to No. 3, of the Oude Pa- pers, relative to the Rajahs of Sassnee, &c. &c. &c. pages 275, 6, 7, 8, 291, 296, et passim. 186 country, as belonging to the tribe of Jauts, a ferocious but politic banditti, who mi- grated from the lower parts of the province of Moultan, towards the close of the reign of Autungzebe, and who first attracted notice on the banks of the Jumnah, about the beginning of the last century. Churamana, the most famous leader of this band of rob- bers, settled in the southern districts of the province of Agra, where, by plundering the numerous traders, and other travellers who passed through that part of the country, he acquired immense riches, gathered round him several thousand adherents, assumed the title of Rajah, and fixed his place of re- sidence at Bhurtpoor. Other chiefs of the tribe who had followed his fortunes, becom- ing envious of his success, or rather from the natural turbulence of their disposition, feeling impatient of the control of any superior, deserted his standard; and crossing the Jumnah, were suffered, by the Moghul 187 government, to form establishments in the Du-ab, on the conditions of performing military service, and of paying the usual taxes to the state. There, those chiefs rivalled their former leader in the ardour and constancy with which they adhered to the characteristic habits of their race ; and they even surpassed him in the extraor- dinary dexterity, if not in the boldness of their robberies. As their wealth accumu- lated by these means, the number of their followers proportionally increased ; until, at last, their depredations were conducted in so systematic and formidable a manner, that the presence of the imperial army was often necessary to suppress them. Hence, when the Moglml empire had sunk into the last stage of its decline^-ar-some of those chiefs, no longer fearing its power, assumed the title of Rajah or Prmce, enlarged the boundaries of their possessions, built forts, and set at defiance the authority of their sovereign, 188 Such was the situation of those chiefs, when the Du-ab was conquered by the British arms, and placed under the govern- ment of the Nabob of Oude. The weakness and corruption of that government greatly favoured their pre- datory habits ; they extended their system of plunder beyond their own immediate sphere ; and often pillaged the peaceful vil- lages of the surrounding provinces ; until at length they became notorious through- out Hindustan, as a lawless and desperate banditti. The most powerful, as well as the most atrocious of the chiefs of this banditti in the Du-ab, was the Zemindar of Sassnee. That man, from being, about thirty years ago, the proprietor of a small Zemindary, gradually raised himself to an evil eminence, by the flagrant and extensive robberies which he committed on his neighbours, by the vast sums of money which he extorted from travellers, by his keeping an armd force of twenty thousand men for these purposes, and by the possession of two strong forts, in which he treasured his spoils. Yet this is the very man whom the ac- cusers of Lord We^lesley represented " as " renowned for his PRIVATE W T ORTH, and as " beloved for his EQUITY and LIBERALITY ! !"* But it is likewise the very man w^hom Major Ousely, a principal evidence called before the House by tlie accusers to prove their allega- tions, describes as one 9f the people " CALL- " IXG THEMSELVES" Zemindars and Rajahs, who practised all sorts of imposition on per- sons travelling, indigo merchants, and per- sons in trade. " One instance," said Major * See the Charge against Marquis Wellesley for his conduct to the Rajah of Sassne and Bijjeghur, &c. &c, &c. Printed by order of the House of Commons. 190 Ousely, " / can state of a gentleman who " was STOPPED by the RAJAH OF SASSN^P ; " and though he produced to the Rajah a " perwannah, tvliich was a pass of Almas " Alii Khan, (the Collector of the Nabob's revenue, and, in fact, governor of the dis- trict) yet still, in DEFIANCE of all AUTHO- " RITY of the people he OUGHT TO BE SUB- " JECT TO, this man iwt only STOPPED the " indigo, but CARRIED IT INTO HIS FORT, " AND LEVIED WHAT DUTIES HE PLEASED " UPON IT BEFORE HE WOULD LIBERATE " IT !" * Such, therefore, is the " EQUITY" and " LIBERALITY" which these accusers " LOVE," and such the " PRIVATE WORTH," which they celebrate. \ * See the evidence of Major Ousely before the House of Commons. Minutes of Evidence, p. 67. Before quoted. 191 The Zemindar of Cutchoura, the next object of the accusers' sympathy, was a less distinguished, because he was a less power- ful, robber; his enterprizes had not been signalized by such dauntless atrocities ; but, true to the character of his tribe, he had pursued, with unremitting activity, the same practices which had raised them into notice; and he was fired with all the ambition of emulating the boundless rapacity of his more formidable rival. Of the " equity and liberality" of the Zemindar of Tetteah, and his adherents, who, though not expressly named, are com- prehended in the charge, * you will be able to form a competent notion, from the fol- * The Zemindar of Tetteah, with all the other re- fractory Zemindars, are comprehended in the charge, under the general appellation of the (t Rajahs end Zt- " minddi's in ihf Du-ab" 192 lowing extract of an official letter from Mr. Ryley, the judge and magistrate of the dis- trict of Etawah, to Lord Lake, which letter was moved for and laid before the House of Commons, by the accusers in support of their charge. " By a Persian paper," says Mr. Ryley, " inclosed in Mr. Stracy's letter, it appears, " that Rajah Chutter Sail and Chutter Sing, " with four or Jive thousand me?i, and two " guns, a few nights ago, plundered an in- " digo manufactory, and murdered the per- " son in charge of it ; and, on the 8th in- " stant, a salt golah, belonging to the Ho- " nourable Company, at Meagung, the con- " tents of which they, sent in carts, in the " middle of the day to their fort of Tetteah, " in the district of Etawah : by the same " .account it appears, that they have stationed " people at the ferries of the river Ganges, 193 " and plundered every boat and passenger " they met with." " I shall, of course, require them to at- " tend to answer the charge lodged against " them, which, if they refuse to do, their " disaffection being so very apparent, I hope " your Excellency will be pleased to order " their fort to be immediately destroyed, or *' garrisoned by our troops, and the proprie- " tors, if not apprehended, declared rebels " against the state ; for but little peace and " tranquillity can be expected in that part of " the country, whilst they are permitted, in " open defiance to all authority, to ravage and " plunder the country around them." * It does not, therefore, appear, that those Zemindars were intitled to any special in- * See papers relative to Sassnee, Bijjeghur, Cutchoura, and Tetteah, in Supplement No. 2 to No. 3, of the Oude Papers, page 291. O 194 diligence from the English government, on account of their former good conduct, their general character, or any of those generous, though mistaken prejudices and feelings, by which men are sometimes prompted to resist the lawful authorities of the state. With them, a resistance to lawful authority was not produced by any peculiar circumstances, much less by sentiments of dislike to any particular system of rule : the governments of the Moghul, of the Nabob, and of the English, they had alike insulted and defied ; and if they felt a greater repugnance to the government of the English, than to that which preceded it, their increased enmity evidently arose from the restraint which it imposed on their depredations, by its re- gular administration of justice. Hence their hostile resistance to the laws and regula- tions which we introduced into the country, did not proceed from any peculiar antipathy 195 to them, but from that inveterate hatred of all laws, and of every sort of authority and subordination, which constituted an essential principle of their system of life. Men, whose principles and habits were thus in eternal hostility with all social order, could under no circumstances have any claim to compassion. Even if they had not opposed the lawful authority of govern- ment, the interest of society, and the peace and safety of the country would have re- quired that their practices should be stopped. But when the Zemindars of Sassnee and Cutchoura had actually taken up arms against the government, political necessity, as well as public justice, loudly demanded their punishment. A military force was accordingly em- ployed to reduce them ; their forts were token and destroyed ; they themselves ef- o 196 fected their escape ; and their estates were confiscated.* In this fatal consequence of the rebellion of those desperate depredators, much slaughter ensued, and some innocent lives must doubtless have been lost. But against such an evil it was impossible to provide a remedy. " That the same vengeance," says Dr. Johnson, " involves the innocent " and the guilty is an evil to be lamented ; " but human caution cannot prevent it, nor ' " human power always redress it. To " bring; misery on those who have not t> J " deserved it, is part of the aggregated " guilt of rebellion." * A special civil court was afterwards appointed, for. the trial of persons who had been actua'ly concerned in this rebellion. Ten of the followers of the Zemindar of Tetteah were tried, of whom nine were acquitted See the Papers relative to Sassnee, &c. &c. in No. 2 to No. 3, of the Supplement of the Oude Papers,^. 302. 197 On the whole then, I think we may con- clude, that the Zemindars of the Du-ab were the lawful subjects of the British go- vernment ; that their hostile resistance to its authority was an act of rebellion ; that their habits of life were at war with civil society itself; and that, therefore, the punishment of their rebellion, and the sup- pression of their practices were equally called for by the voice of reason, of justice, and of morality ; and can only be con- sidered as crimes by the inverted ethics of ^ the accusers, who have exemplified " equity, " liberality, and private worth" in the character of a man, whose custom was, to stop unoffending travellers on the road, to carry them forcibly to his fort, and there to compel them to surrender their property, as the ransom of their deliverance. ** According to this their new system of morals, having laid down, that the sup- pression of rebellion, robbery, and murder, was a high crime, they proceed to charge Lord Wellesley, " with having, in a wicked and cruel manner, violated the most sacred ties" by concluding an arrangement with the Nabob of Furruckabad, which the pub- lic documents prove, was of the most peaceful and amicable nature. This charge is before the House, and I must refer you to it ; but the subject matter of it may be comprised in a few words. It states, that Furruckabad was a small province, tributary to the government of Oude, ivithout ani/ military defence of its own, and soldi/ relying for its protection on the Nabob fa'zier. That the British govern- ment had guaranteed the protection, and i had long been in the habits of directly inter- fering in the internal affairs of Furruckabad: That Lord Cornwallis, disapproving of this 199 direct interference, withdrew from Fur- ruckabad the British agent, by whom it was exercised : That in this state of things, Lord JPellesley having obtained from the Nabob Vizier of Oude, a cession of one half of his territories, included in that ces- sion the tribute from Furruckabad : That Lord IVellesleij, not satisfied with this tribute, did, through the agency of his brother, Mr. IFelleslcy, and by unjustifiable means, urge the Nabob of Furruckabad to consent to a transfer of the whole province to the English Company : And that, at last, he did actually compel the Nabob to sign a treaty, by which " the province of Furruckabad and its " depend ancics were ceded in perpetual " sovereignty to the Company," The information here given by the * cusers, respecting the state of Furruckabad, and its relations with the Nabob Vizier, and 200 with the English, previous to the new ar- rangements in Oude, though sufficiently correct as far as it goes, requires the addition of some historical particulars, to enable you to take a full view of the subject, and to form your judgment on the measure which Lord Wellesley adopted, and for which he is arraigned. The territory of Furruckabad was, at the commencement of the last century, a dis- trict of the Moghul empire, and was then, >s it still is, chiefly inhabited by Patans, a race of Mussulmans equally distinguished in Hindustan by their intrepid bravery, and their ungovernable turbulence. Mum mud Khan, one of those Patans, having signalized himself in the service of the Emperor Furruckseer, was elevated by that prince, to the rank of Nabob, and farther rewarded with a grant of twelve villages in his native 201 district ; where, in 1718, he founded a city, which, in honour of his sovereign, he named Furruckabad. By obtaining additional grants from time to time, but principally by farming the land rents of the imperial government, in the adjacent districts, he gradually enlarged his domain. So that, in the course of thirty years, he established a small state, which yielded a revenue of about forty lacs of rupees, in which he maintained a considerable military force, and in which, from the distractions that prevailed in the Court of Delhi, at the com- mencement of the reign of Ahmed Shah, he was enabled to withhold from his sovereign the customary tribute, which, by the Moghul constitution, he was bound to pay. But this virtual assumption of inde- pendancy, soon excited the jealousy of Sufdur Jung, the Nabob Vizier of Oude, who, partly on that account, and partly from a quarrel which had for some years before 202 subsisted between the two families, obtained the Emperor's permission to reduce his rival to subjection. The death of Mummud Khan, and the succession of his son, an inexperienced youth, encouraged this enter- prize ; which was carried into effect by instigating the Rohillas to attack Furruck- abad. A battle ensued, in which the young Nabob was slain. But his more resolute and skilful successor, rallied his shattered forces, and marching against the Vizier, who was at the head of a large army, compelled him to retreat with considerable loss. The family animosity was, by these events, na- turally increased ; and, by the protracted hostility which they occasioned, the re- sources of Furruckabad were almost entirely exhausted. Under these circumstances, the Vizier Sujah-ud-Dowlah, adopting a wiser policy, mitigated, if he did not heal the ex- isting feud ; and obtained, by an amicable treaty, that ascendancy over Furruckabad, 203 which his father bad strovcd in vain to establish by arms. From this period of time the affairs of Furruckabad were administered under the authority of the Nabob Vizier, by whom the public ministers of its government were appointed. A few years after the succes- sion of the Vizier Assof-ud-Dow T lah, the Nabob MuzufFer Jung having ordered two of those ministers to be put to death, with- out any reference to the government of Lucknow, the Vizier proceeded to Furruck- abad, with a military force, for the avowed purpose of displacing the Nabob, of send- ing him a prisoner to Lucknow, and of con- fiscating the whole of his property. But the English Resident in Oude remonstrated against the severity of this punishment ; and, under his controlling authority, a treaty was concluded, whereby the province of Fur- ruckabad was placed under the sole and 204 entire protection of the Vizier and the English government;* and whereby the Nabob MuzufFer Jung, became bound to pay to the Vizier an annual tribute of four lacs and a half of rupees, or ^56,250 sterling. The Nabob of Furruckabad, having by this treaty permanently sealed his vassalage to the Vizier, and his subjection to the paramount authority of the English government, an Eng- lish agent was appointed to reside at Fur- ruckabad, in order to control the administra- tion of its affairs; and detachments of the English troops were occasionally employed in suppressing those insurrections which the collection of the revenues annually produced. The Vizier, however, jealous of the actual extension of the supreme control of the British government over the subordinate * The words of the Treaty are " the Noble English Sirdars See No. 12, Furruckabad Papers, p. 7. 205 dependency of Furruckhabad, though abso- lutely essential to its tranquillity, prevailed oil the Governor-general to make it an ex- press article in the new arrangement which was concluded in 1781, that no English re- sident should be stationed at Furrucltabad' The impolicy of thus withdrawing our con- trol from Furruckabad, was in a few years strikingly manifested, by the revival of that civil discord which formerly existed between the families of the Vizier and of the Nabob, by their mutual complaints and recriminations, by the increased rapidity with which the revenues declined, by the arrears into which the annual tribute had consequently fallen, and by the additional distraction with which the province was overspread. But the Court of Directors disapproved of the removal of the control which had been exercised in Furruckabad, before they had any knowledge of these bad effects of the measure ; and they transmitted orders to the Governor-general in council, for the resump- tion of our authority over the affairs of that province. Hence an agent of the English go- vernment was again appointed to superintend them; who, after a residence of three years in the country, made an interesting report on its civil condition to Lord Cornwallis, then Governor-general. That report states, that the revenues of the province which, under Mummud Khan, were estimated at upwards of forty lacs of rupees, had been reduced to seven lacs, and that such was the insecurity of property, and the consequent reluctance with which the people cultivated the lands, that even this small sum could only be collected in a season of tranquillity. " Some measures," says the resident, "but totally fruitless, " were adopted last year for the restoration " of tranquillity, which would have gra* 207 " dually benefited the country. An increase " of revenue could not be expected ; that can " only arise, in a course of years, from " an increase of inhabitants, consequent "to a reliance on a regular and steady '* government. At present, a long state " of anarchy has so perfectly corrupted the " minds of the people, that all confidence is *' lost between man and man, and villainy " has so little scandal annexed to it, that " there is scarcely an Annul, or a Zemindar, " in these districts, from whom it is not ex- " pedient to take either father, child, pr " nearest relation, into confinement, as an " hostage for the performance of his engage- " ment to government ; and even this often " proves inadequate to its purpose."* * A Report presented to the Right Hon. Earl Corn- wallis, Governor-general, &c. in Council, by Mr. J. Wille?, resident at Furruckabad, 29th Jan. 1787. 208 Lord Corn wall is, after reading this report, and " after the maturest reflection on the " situation of Furruckabad, was convinced " of the propriety of withdrawing all inter- " ference in its management, because the " attempts to promote the prosperity of " the country had been equally offensive to " the Vizier, and to the Nabob MuzufFer " Jung."* An event some years afterwards occurred, which shewed the impracticability of with- holding the exercise of our control over the affairs of Furruckabad, without sacrificing the peace and the interests of our own " DEPENDANT FIEF the province of Oude. The eldest son of the Nabob of Furrucka- * I quote his Lordship's own words. See a Minute in. Council from the Right Hon. the Governor-general, re- corded 4pril IQth, 1787. 209 jbad, having murdered his father, and being convicted of the crime, was carried to Luck- now, and there imprisoned by the orders of the Vizier ; and the succession to the Nabob- ship, having thereby devolved on the second son Emdaud Hussein Khan (the present Nabob) who was then a minor, the province was left without any person to conduct its government. In this situation of affairs, the British government found its interposition in- dispensably necessary to save the country from utter ruin; and a manager was accordingly appointed by the Governor-general, to con- duct its administration during the minority of the young Nabob. With a. view to esta- blish a system of regularity in the manage- ment of the province, Lord Teignmouth, when he was at Lucknow in 1797* saw the young Nabob and the manager; and, under his lordship's orders, an engagement was framed in concert with the Vizier, prescrib- ing rules for the future administration of 210 affairs, and containing limitations and re- strictions, calculated to suppress the pre- vailing evils and abuses. Upon the system established by this engagement, and under the direct support and protection of the British government, the manager continued to act until the new arrangements con- cluded with the Vizier, by Lard Wellesley, gave us a still nearer interest in the pros- perity of Furruckabad. Such being the history and condition of this province, and such the nature, origin, progress, and actual state of its relations with Oucte, and with the British govern- ment, you will at once perceive, that if Lord Welksley's arrangements with the Nabob Vizier were just and politic, the whole question, arising out of this particular charge, turns on the two following points. First, whether the cession of the Furruckabad tri- bute was necessary to complete and per- 211 feet the arrangement with Oude ; and, se- condly, whether the subsequent transfer of the whole province of Furruckabad to the Company was obtained by fair and just means, and was in itself a measure adapted to advance and secure the prosperity of that dependancy, as well as to improve the in- terests, and strengthen the authority of the British government in northern Hindustan. 1st. You will bear in mind, that one of the chief objects of that reform in the go- vernment of Oude, which it had been so long our endeavour to accomplish, was the reduction of the Nabob's troops, and that the dismission of those troops formed a pri- mary part of the arrangement which Lord Wellesley effected. You will at the same time observe, that the dependancy of Fur- ruckabad was destitute of all military de- fence of its own ; and that it wholly placed its security, both from foreign and domestic p2 212 enemies, in the protection of Oude, guar- ranteed by the British government. So that if it were just and necessary to disband the troops of the Nabob of Oude, who contri- buted to disturb, rather than to maintain in- ternal tranquillity, it follows, that we were '"* bound by the obligation of our guarantee, to supply an effectual, protection to the state of Furruckabad, instead of the useless and licentious soldiery, whom we had re- moved, and by whom its safety was endan- gered. Such protection had, in fact, become absolutely essential to avert its impending ruin ; and was earnestly solicited by the per- son who administered its affairs. On this ground alone, then, it is evident, that if the dismission of the Nabob's troops f was a measure indispensably necessary, the protection of Furruckabad devolved upon the British government, by whom it was guar- ranteed; -and for that protection we had a 213 just right to a transfer of the tribute, which was not more than barely sufficient to defray the expenses of the military force, which the distracted state of the province constantly required. Bat the transfer of this tribute is also jus- tifiable on grounds of general policy, con- nected with the defence of Oude, The province of Furruckabad is situated between the northern part of the ceded dis- tricts in the Du-ab, and the river Ganges, and it is separated by that river from those parts of Rohilcund, which Lord Wellesley had appropriated to the British government, because they were essential to the comple- tion of our line of defence against foreign invasion. That line of defence was nar- rowed in one part by the intervention of the province of Furruckabad, which lay both upon it, and in its rear. Under these cir- 214 cumstances, it became a matter of the highest importance to place that province under our immediate protection : so that, in the event of an attack from the French Mahratta army, stationed on our frontier, from which Fur- ruckabad was distant only eighty -Jive miles, we should not be exposed to the imminent danger of having on our rear a province in^ habited by a warlike race, who were impo- verished, corrupted, and distracted by a long state of anarchy; who were destitute of every feeling of attachment either to their govern- ment, or to their country; who would there- fore have been wholly careless about the issue of the contest; who would have looked upon it only with the hope of additional confusion and plunder ; who would conse- quently have cut off the resources of our army ; and who, if it sustained a repulse, would have been readily seduced to join the ptandard of the enemy. 215 Hence, then, the extension of our perma- nent protection to the dependancy of Fur- ruckabad, and the consequent transfer of its tribute, were equally demanded, by the neces- sity of disbanding the troops, of Oude by the obligation of our guarantee, by the earnest so- licitation of its government, by the deplorable and dangerous condition of its people, and, in fine, by the obvious policy of fortifying that line of defence on which I have shewn you the security not only of Oude, but of the whole of our dominions in Hindustan materially depended. 2d. The arrangement which was after- wards concluded with the Nabob of Fur- ruckabad, for ceding the whole province to the British government in .perpetual so- vereignty, was obtained by means unexeep- tionably fair and just, under the peculiar circumstances of the ease, and was founded on the plainest maxims of a wise and bene- ficent policy. Whilst the exercise of British authority over the affairs of Furruckabad had enabled the manager to give to his administration, some degree of tone and vigor, it rendered him obnoxious to the resentment of a few candidates for office, whose hopes had been defeated by his elevation : and who had in consequence placed themselves under the patronage of the young Nabob, with whom they had contracted an intimacy, into whose mind they laboured to instil sentiments of hostility against their rival, and through whose favour they sought to advance their own ambitious views. The intrigues which those persons unremittingly employed, to counteract the ordinary operations of go- vernment, in order to cast discredit on the managers administration, had involved it in the most insurmountable embarrassments. Hence, the principal persons in the depen- 217 dancy were divided into two parties, whose animosity had reached the highest degree of rancour, and had greatly aggravated those grievous evils, which the country had been 50 long fated to endure. On the arrival of Lord Wellesley at Luck- now, after the conclusion of the arrange- ments with the Nabob Vizier, both those parties solicited, with the utmost earnestness and urgency, his lordship's interposition, not so much with a view to the adjustment of their differences, as to the accomplish- ment of their respective objects. The Na- bob, whose minority was nearly expired, claimed a right of being invested in the government, and complained of the mal-ad- ministration of the manager. Whilst the manager, on the other hand, represented that those persons who had obtained an in- fluence over the mind of the young Nabob, were men of the most abandoned characters, 218 that they misled the Nabob's judgment, per- Terted his principles, and openly encouraged him in every sort of profligacy and vice ; and such was the ruinous effects of their conduct on the peace and interests of the country, and such the personal danger to which he was thereby continually exposed, that he intreated permission to resign an office, which it was impossible any longer to conduct with credit or advantage. Combining these circumstances with the necessity of adopting some measure, which should effectually secure our interests in the dependency of Furruckabad from the inevi- table waste, to which they would be exposed by a continuance of the misrule which had so long prevailed, it became not a matter of choice, but of obligation, with Lord Wellesley, to frame, in concert with the Nabob, a new arrangement for the govern- ment of the province, and for the relief of 219 its suffering people. His lordship, therefore, instructed his brother, Mr. H. Wellesley, in his capacity of Lieutenant-governor of the ceded districts in Oude, to meet the Nabob and the manager at a town, distant seventy miles from Furruckabad, to which they had been requested to repair for that purpose, and there to confer with them on the affairs of the province, and to form some settlement for its future government. And his lordship at the same time recommended the transfer of the dependancy to the Company, if the Na- bob's concurrence could be obtained, as, being under all the ruinous circumstances of its condition, the only measure by which its tranquillity could be restored, the revival of industry encouraged, its resources im- proved, the Nabob's own comfort and per- sonal safety effectually provided for, and the British interests permanently secured. Mr. Wellesley accordingly met the Nabob and the manager; and, after consulting with 20 them separately on every point connected with the state of the country, he submitted to the Nabob a proposition, to place the civil authorities, and the whole administra- tion of the province, in the hands of the Bri- tish government, and to secure to him and his heirs, in perpetuity, all the honours, dignities, jand style of his rank, together with a sa- lary fully adequate to support them. With this proposition, the Nabob at first shewed a reluctance to comply, and ex- pressed a wish, that the province might be intrusted to his management. But, upon Mr. Wellesley begging him to re-consider it, and impressing upon his attention the ad- vantages which it embraced, he assented to it, with this observation, ?" That he was in " every way disposed to satisfy him, and " that, whatever he thought proper to settle, " was for his (the Nabob's) good..* * See a letter from Imdaud Hussein Khan, to the Lieu- tenant-governor, &C. &c. Furrukabad Papers^ p- 28. 221 An agreement was then executed by the Uabob and Mr. Wellesley, whereby it was stipulated, that the province of Furruckabad, and its dependancies should be ceded in per- petual sovereignty to the Company ; that the Nabob should be maintained in all the style and dignities, and treated with all the respect and honour due to his rank ; that a salary of ^?15,500 sterling, should be settled on him and his heirs for ever ; * that the houses, * This salary is more than equal to the annual sum which the Nabob could have reserved for his own use out pf the revenues of the country, under his management, after paying the Company's tribute, the expenses of his government, and the allowances which the different mem- bers of his family had been in the habit of receiving, and which he would therefore have been bound to continue. The Court of Directors have blamed Lord Wellesley for the smallness of this salary. The munificent sentiment by which that censure must of course have been dictated, I cannot but admire : and as it is entirely in their own 222 gardens, villages, and all other property which belonged exclusively to his father, should be secured to him ; and that certain annual allowances should be made to the different members of his family, and to his depend- ants, proportioned to their respective ranks. . You will observe, that this negotiation was conducted on the most friendly footing; and that no other influence was used by Mr. Wellesley, except that which arose from the natural predominancy of his public station, as the representative of a paramount power. To object to a negotiation on this ground, would be to preclude the British govern- ment from making any arrangement what- ever with any of its dependants ; a principle which, pushed to its extent, involves the power to rectify the deficiency, you will no doubt wonder to be told, that the benefit of their enlarged generosity has not yet been extended to the Nabob* 223 palpable absurdity of denying the validity of any contract, made between a superior and his dependant, because, from their relative situations, it must have been concluded un- der a predominating influence. The free consent of the parties to an agreement is, undoubtedly, essential to its legality ; but by free consent, it is understood, not that no persuasion shall be exerted, but that no undue influence shall be employed to ob- tain it. The employment of an undue in- fluence in a negotiation between a superior and his dependant, can alone mean the use of threats or intimidation. Now, in the case in question, there is not one word of evidence to prove, that any expression was used, which bore any semblance of a threat, or conveyed any sentiment of a compulsory nature. The accusers fasten on the circumstance of the negotiation not having been holder 224 at the city of Furruckabad, where the Nabob might have conveniently consulted with his favourite advisers. But the known character of those advisers, who were not old councellors, intitled to respect froni their age, but young associates, remarkable only for the depravity of their morals, and their avidity for power, afforded the strongest reason to conclude, that their advice would be dictated by considerations of their own individual views, without any regard whatever either to the welfare of the Nabob, or to the peace and interests of the state. In order, therefore, to prevent the exercise of an undue influence on their part, over the mind of the Nabob, it was justly determined to treat with him at a place, where he should not be subject to their selfish and profligate control. The accusers indeed, assert, that the manager was bribed to betray the interests 225 of the Nabob. But how is this allegation supported by the documents before the House ? The Manager, who had previously so- licited, in the most earnest manner, the permission of the British government to resign his office, was desired by Mr. Wcl- lesley to state his unreserved sentiments, as to the arrangement which he thought best calculated for the future government of the country. He accordingly submitted to Mr. Wellesley three plans, one of which was, the transfer of the province to the Com- pany ; at the same time he expressed a hope, that his past services would not be forgotten ; and Mr. Wellesley then informed him, that for those services, he might rely on the generosity of the British government. But it is clear, that this assurance was neither made by Mr. Wellesley, nor un- Q 226 derstood by the manager, as a lure to in- fluence his conduct in regard to the depend- ing arrangements with the Nabob ; for Mr. Wellesley expressly informs us, that he re- ceived no assistance whatever from the manager, in the course of the negotiation.* The assertion, therefore, that the manager was bribed to betray the interests of the Nabob, is wholly unsubstantiated by the evidence ; and though it may appear in that light to the perverted reason of the accusers, it must be instantly rejected, as fallacious, by the plain sense of every impartial man. This negotiation was, in fact, conducted throughout, and the treaty concluded on the same general principles by which the transfer of the province of Benares was * See Mr. Wellesley's Letter to the Governor-generaL Furrucltabad Papers, p. 1.9. 227 obtained. And with this APPROVED PRE- CEDENT before him, Lord Wellesley must have felt his own opinion fortified, in regard to the justice and policy of the measure in question. That this measure, by which the laws and regulations of the British government have been established in the province of Furruckabad, in which " a long state of " anarchy had destroyed all confidence " between man and man, and took away " all shame from villainy,"* is adapted to advance its prosperity, I presume no one will attempt to deny. And, that this measure is calculated to strengthen the authority, and to improve the interests of our government in northen Hindustan, must appear abundantly manifest, from * See the Report of Mr. Willes, the English Resi- dent at Furruckabad. Before quoted. 228 what I have already said to you in regard to the province of Oude. The whole of those arrangements but formed a part, though indeed a material part, of that great system of policy, the principles of which I endeavoured, in a late publication, to explain to the country. This part of the system embraced the two great objects of inspiring and securing the attachment of several millions of peo- ple, inhabiting a fertile territory which we were previously bound to defend ; and of thereby converting that territory, from a scene of waste and anarchy, into a source of domestic prosperity, and a powerful bul- wark against foreign aggression. The pros- perity which it is calculated to diffuse, can indeed only be fully displayed in a course of years ; but, with the experience before us of the effects of our government, in the 229 provinces of Bengal and Behar, the same happy results may be looked for with a cheering confidence. The defence which it affords against foreign aggression, was strikingly exem- plified in the Mahratta war of 1803. The districts in Oude flourishing under the British government, supplied the most am- ple and ready resources to that victorious army, which vanquished and crushed the French Mahratta establishment, and thereby destroyed that instrument of hostility on which the cherished hopes of France had for some years been placed, and by which she had sought, with ambitious solicitude, to undermine, and ultimately to overthrow the mighty fabric of our Indian empire. In the subversion of that politic project of France, Lord Wellesley derived the means of extending, and fortifying our line of defence in northen Hindustan ; not only by occupying the course of the river Jum- nah, with the provinces of Delhi and Agra, through which it flows, but also by forming alliances with the small Hindu principalities, inhabited by that martial and generous race, the Rhatore Rajpoots, who had solicited our protection against the merciless ravages of Holkar. By the occupation of those provinces, we carried our frontier, in one broad unbroken line, across that part of the country through which alone an invading army from the west of Asia can penetrate into our domi- nions ; and by those alliances we engaged the attachment of a people, characterized by their fidelity, no less than by their courage, who possess that tract of country which extends from the pathless desert of Moultan, to the province of Agra on the west, and to the river Seraswatee on the north; so 231 that an invading enemy, from the west of Asia, could not form a junction with Hol- kar or Scindeah, whose dominions lie to the south of that tract, without passing through it. In extending our frontier, and in forming those alliances, Lord Wellesley, I conceive, had it in view to improve a principal object of theOude arrangements, that of strength- ening and multiplying our securities in that quarter of our dominions, which is alone accessible to the attack of a continental invader. He saw r , that though one instru- ment of French policy was destroyed, which had threatened us with immediate danger, the present ruler of France, still constantly and systematically pursuing his purpose, would never abandon the hope of extinguishing our powei: in the East. His Lordship saw, that after he had conquered by his arms, or subdued by his policy, the 232 fallen monarchies, and feeble governments on the continent of Europe, he would again cast his mind upon Asia ; and that, in- vigorated by the collective resources of those subjugated kingdoms, and animated with a fresh fury, he would form a new and ex- tensive scheme for the invasion of India. His Lordship saw, that in the formation of that scheme, he would endeavour to attach to his interests the states of Persia and Cabul, and after concluding alliances with them, he could gradually organize, in those countries, a French ASIATIC ARMY, the only means by which it is practicable to invade our dominions in India with a chance of success. These things his Lordship contemplated with the mind of a statesman, who pene- trated into the vast designs of our enemy, who could not think it wise to delay our preparations for resistance until those designs 233 were actually put in execution, who, there- fore, constructed a permanent system of defence against them, and who represented, in impressive and luminous language, the dangers which he thus saw from afar. AMMO VIDIT, INGENIO COMPLEXUS EST, ELOQUENTIA ILLUM1NAVIT. Those dangers are now no longer matter of speculation. France has actually formed an alliance with Persia, and is at this mo- ment organising in that country an army for the invasion of India. By the next ac- counts we may expect to hear of the French commander in Persia having formed a similar alliance with the more powerful state of Cabul ; and of his having also obtained the permission of its monarch to organise and discipline an army of his warlike sub- jects, with a view to the conquest of Hin- dustan, that great object of his hereditary ambition. In these preparations for the invasion of India, the most confident and intrepid states- man might see something to apprehend; but he would be powerfully struck with the comprehensive wisdom of that policy, by which such ample means for resisting it had been arranged and consolidated. Yet the Court of Directors, with a gene* nerous magnanimity, seeing nothing to fear, have actually dissolved those alliances with the Rajpoot princes, which formed a small, but an important link in our chain of de- fence ; and have thus delivered back to the vindictive rapacity of Holkar, those brave men, who had sought our protection, and had identified their interests with ours. And the arrangements in Oude, which constitute 235 the foundation of our whole system of de- fence against the menaced invasion .of France, and without which it would have been impracticable to have furnished sup- plies in that province for an army adequate to resist it, are at this moment about to be exhibited to the House of Commons as a ground of criminal charge, fraught with ruin and discredit to the country. I cannot, however, but feel the strongest confidence, that the Commons of England, representing the collective sense of a nation so long renowned for its wisdom, will come to a far different conclusion ; that, viewing the question in all its bearings, they will see the enlightened forethought, the unimpeachable rectitude, and the sound policy of that great measure ; and that, with an entire convic- tion of the security in which it has placed our Indian dominions, and of the solid and 23t> lasting benefits which it has conferred oa the province of Oude, it will be finally rati- fied by their approving fiat. I have the honour to be, Tour's, &c L. D. CAMPBELL. Bath, Jan. I2tf> t 1808. (J S , , v . i-'ruu-jr, Nonhuuiberijiicl Succt, Strand, A 000 094 070 o