"ons of , -ies 
 , drnund Hoskin 
 E. Ttiurlojy, ar. 
 
 . on the Sub.' Lord 
 Olive '-a Jaghire
 
 UNWIRS.TY C? CAUFQRNLA, 
 AT LOS ANGELES
 
 OPINIONS 
 
 O F 
 
 Mr. JAMES EYRE, Mr. EDMUND HOSKINS, Mr. 
 E. THURLOW, and Mr. JOHN DUNNING, 
 
 ON THE SUBJECT OF 
 
 LORD CLIVE's JAGHIRE. 
 
 TO WHICH ARE ADDED, 
 
 His LORDSHIP'S LETTER 
 
 TO THE 
 
 P PC O P R I E T O R S 
 
 O F 
 
 E A S T- I N D I A STOCK. 
 
 WITH THE 
 
 ANSWER 
 
 OF AN 
 
 EMINENT COUNCELLOR 
 To his LORDSHIP'S LETTER; 
 
 Likewife addrefled to the PROPRIETORS on the 
 fame Subject. 
 
 LONDON: 
 
 Sold by T. EVANS, at No. 54, Paternofter-Ro\v.
 
 fte 
 MR. JAMES EYRE's 
 
 OPINION" 
 
 UPON THE 
 
 EAST-INDIA COMPANY'* 
 
 2 CASE WITH LORD CLIVE, 
 
 i-Lj 
 
 R-EL ATIVE TO HIS 
 1 
 
 3 LORDSHIP'S JAGHIRE. 
 
 is a very new and a moft extraordinary cafe. 
 I have taken all the time that could be allowed me 
 to think of it. My opinion upon the merits of this 
 cafe, as they appear in the bill and anfwer, is that the 
 title fet up by the Plaintiff is fuch as neither the Court 
 of Chancery, if it had jurifdi&ion, nor any other Court 
 - of civil judicature, upon the face of the earth can ad- 
 - mit of. The conftitution of the Mogul Empire muft 
 decide upon the Plaintiff's claim, as ftated by the bill, 
 wherever it can be difputed ; and that conftitution al- 
 lows not of alienation of the imperial rents by a Su- 
 bah for any purpofe whatsoever. As the caufe now 
 (lands, I apprehend that the bill muft be difmified for 
 want of a title in the Plantiff, and for want of jurif- 
 di&ion in the court. 
 
 I am inclined to think that the Plaintiff's true title 
 is the Sword ; but this he could not reft upon, becaufc 
 the benefit of it in that cafe, muft go, according to the 
 law of nations, to thofe whofe iword it was. 
 
 > according to the conftitution and municipal laws 
 ofthe Mogul Empire, a Subah's grant was validagainfl 
 both him and the Mogul, it would remain a queftion 
 between the Plaintiff and the Company, who fhould 
 a 2 have
 
 C ii ) 
 
 have the benefit of it ; and I am of opinion that the 
 Court of Chancery would not hefitate to pronounce, 
 that afervant, having the care of the Company's affairs 
 in Bengal, and armed with their power, acquiring by 
 means of that power the grant of a lordfhip of lands 
 held by the Company, and of a large revenue iffuing 
 out of thefe lands; acquired it for the Company, and 
 not for himfelf. The Company were in a flate of Vaf- 
 fallage to the Mogul, in refpect of the territory which 
 the Plaintiff had procured for them, and which it may 
 be remarked the Subah has power to grant, though he 
 has no power to grant the imperial rents. If it was 
 practicable to relieve them from it, it was the Plain- 
 tiff's duty to procure them that relief. If the grant 
 is confidered as a truft for the Company, they arc re- 
 lieved ; if not, they only change their niafter and be- 
 come vaflals to their own fervant. The court of 
 Chancery would not endure that a fervant fhould thus 
 take care of himfelf at the expence of the Company. 
 
 The pretended attornment fetup by the bill, makes 
 againft the Plaintiff; he was himfelf Prefident when 
 the rents were apportioned and the payments regulated. 
 The payments made to his Agents after he left India, 
 will weigh very little in iuch a cafe. The time the 
 Company took to deliberate upon this great queftion, 
 the difiance and difficulty of communication confider- 
 ed, was not unrealbnable ; and the not flopping the 
 payments till they had well confidered the matter, cer- 
 tainly does not make againft the Company ? 
 
 It does not appear by the anfwer ; but I take it to 
 be clear, that the Company's charter excludes all per- 
 fons from acquiring property, Sec. in India without 
 their confent : this will have great weight in the argu- 
 ment, and fhould be made a part of the cafe. 
 
 Middle Temple JAMES EYRE. 
 
 May i, 1764. 
 
 MR.
 
 MR* H O S K I N S's 
 
 OPINION 
 
 ON T I-I E 
 
 COMPANfs 
 CASE WITH LORD CLIVE. 
 
 RELATIVE TO HIS 
 
 LORDSHIP's JAG HIRE. 
 
 cafe is very uncommon, and is attended with 
 fome difficulties. But, fuppofing the fah con- 
 tained in the defendant's anfwer, can be proved, and 
 particularly the account given therein of the nature 
 and tenure of the lands granted to the Company, the 
 depofing of the Nabob Meer Jaffier and the iuccefliou 
 of a new Nabob, I am opinion that the grant to Lord 
 Clive, luppofing it to have been originally good and 
 legal, and regularly made, is now become invalid ; and 
 that either the Great Mogul or the fucceeding Nabob 
 became intitled to the rents now claimed by Lord 
 Clive from the Eaft India Company, and that therefore 
 his Lordfhip has no right to thefe rents. 
 
 I am allo of opinion that the court of Chancery 
 here, has no power to determine this queftion concern- 
 ing Lord Clive's demands, as the fame is not of a pcr- 
 fonal nature, but one for rents nriiing out of lands in 
 India (the royalty of which is by the bill, charged to 
 have been granted by the late Nabob to the plaintiff, 
 a -3 Lord
 
 Lord Clive, during his life) and therefore ought to fall 
 under the jurifdiftion of the courts of the Great Mogul 
 of whom the lands are held. 
 
 And therefore I think that it is by no means fafc or 
 prudent for the Eaft India Company to pay any more 
 money in confequence of the grant to Lord Chve, till 
 the hearing of this caufe ; which cannot be till it is re- 
 gularly fet down after the return of one or more com- 
 miffions for examining witnefies in India, touching the 
 matters contained in the Company's anfwer; and par- 
 ticularly as to the validity and effeft of the grant to 
 Lord Clive. 
 
 I am alfo of opinion that if the court of Chancery 
 fhould make any decree in Lord Clive's favour, with 
 refpeft to the rents referved, yet confidering the uncer- 
 tain and precarious title which his Lordfliip may have 
 to thofe lands or rents, he ought to be directed to give 
 good fecurity for fuch rents as have been paid by the 
 Company to his ufe, or as (hall be paid for the future, 
 under fuch decree, during the time the Company are 
 in the peaceable poffeflion of fuch lands. 
 
 ' Lincoln's Inn EDMUND HOSKINS, 
 
 Nov. 1 6, 1763. 
 
 MR,
 
 MR. E. THUR LOW's 
 
 OPINION 
 
 O N T H E 
 
 EAST-INDIA COMPANTs 
 CASE WITH LORD CLIVE, 
 
 RELATIVE TO HIS 
 
 LORDSHIP 's JAG HIRE. 
 
 I AM of opinion, that the locality of the fubjeft in 
 difputc, which is territorial dominion, and magi- 
 ftratical rank in the Empire of Hindoftan, is a direct 
 and everlafting bar to the jurifdi&ion of the Englilh 
 Chancery ; not meerly becaufethe fubjcft lies out of 
 the reach of their procefs, but becaufe it lies within 
 the full and abfclute jurifdi&ion of another imperial 
 crown. 
 
 That meer and fingle circumftance, " That the 
 land lies out of procefs," raiies in my mind no fort 
 of objection to the proceeding of the court, be- 
 caufe while the defendant r^iides within the realm 
 of England, and fo within reach of its procefs, 
 he may be compelled by that court to difcharge his 
 confcience, in refpeft to every kind of contrail in 
 which he has bound it. The only ferious difficulty 
 which I have feen oppofed to this extend ve claim 
 of jurifdiftion, has been luch as fprung from the 
 nature of the fubject in queftion, and from a fug- 
 geftion, that it was bound by different laws and 
 rules of juftice from thofe pra&ifed in England, 
 and which the Chancellor could neither take notice 
 of here, nor controul there. To avoicj this objec- 
 tion, in the cafe of Ireland, the court argued 
 that it was a conquered country, a member cf, and 
 fubjeft to the government of 'England ; that ap- 
 peals lay from thence hither, and fo notice might 
 be taken here 01 their laws. Nay, in other con- 
 a 4 quered
 
 ( vi ) 
 
 quered provinces, and even in realms defcended to 
 his Majefty by relation of blood, it may with 
 forne tolerable countenance be inlifted, that the 
 keeper of the royal confcience may find real rights, 
 though not by direct procefs, yet by compullion, 
 upon the peribns of his lubjects found within this 
 realm of England. 
 
 Beyond this perhaps it is eafy to put cafes of perfo- 
 nal contracts, in which the court would receive evi- 
 dence of the laws and cufloms of a country, quite 
 foreign and independant, in order to explain the 
 terms and force of fuch a contract ; becaufe fuch con- 
 tracts are in a peculiar and very proper fenle faid to 
 follow on the perfon, and the execution of them muft 
 move and be obtained from the perfon. 
 
 But if the contract were concerning a real fubject, 
 always extant in a foreign independant country, al- 
 ways in the actual difpoiition of their juftice, I Aiould 
 think the Englifh court of Chancery ought not to in- 
 tcrpofe in it. Fir/I, in refpect of the relative inabi- 
 lity and incompetence of the court, it is extremely 
 difficult for the greateft fcholar, merely by reading, 
 to have that expertnefs in the laws of a foreign coun- 
 try, which every citizen hath in his own. The 
 greatnefs of this difficulty is exceedingly manifeft in 
 the \vorks of the moft eminent fcholars in other parts 
 of Europe, who have taken occafion to treat of our 
 laws and cuftoms ; and yet they are written and ftand 
 much commented upon in books. Here the Chan- 
 cellor is fuppoied able to make himfelf a compleat 
 judge of an unwritten law, merely by hearing evi- 
 dence concerning it in the courle of one caufe. Se- 
 condly, in refpcft of the abfolute inability, and direct 
 incompetence of the court, the lubject itfelf remaining 
 in the difpofition of a tribunal, over which he has no 
 fort of controul, may be dilpofed one way there, 
 while he is compelling the party to.difpofe it another 
 way here, and all the inconvenience would relult of 
 clafhing jurifdictions. 
 
 Now fuppofing that according to the conftitntion 
 fuggefted for Hindoftan by Lord Give, contrary to 
 every hiftory, the Nabob of each province had in 
 him, imperial and ibvereign power, and hereditary 
 
 efta-
 
 eftablifhment therein, notwithftanding the Emperor's 
 treafury, courts of juftice, Dnannce judges', and 
 other minifters have their officers there ; and fuppo- 
 ilng the zemindars poffeffed their lands by rules of a 
 known law, and in perfect fecurity, notwithftanding 
 the Nabobs and Omrahs have power, as the bill in- 
 iifts, of taxing their zemindars a they pleafc ; and 
 fuppofing the feveral inftruments, and the whole de- 
 duftion of the plaintiff's title to be made out in a 
 more unexceptionable manner than it is alledged ; I 
 am ftill (with great refervation of deference to better 
 judgments) of opinion, that the court of Chancery 
 here cannot flrip a re.nt of that relation which in 
 point of title it bears to the land, fo far as to decree 
 upon it, any more than an aftion could be maintained 
 here for the ufe and occupation of lands in France. 
 I think it would be unequal, if the plaintiff werfe 
 put to fue in the Mayor's court of Calcutta, and 
 the court itfelf feems to be as incompetent as any 
 court here ; and for the fame reafons, both parties 
 are, with refpcft to the matter in qaeftion, fubjefts 
 of the great Mogul, and his court will decide between 
 them with as much indifference as between any other 
 fubjefts. The Cazy of Dehli feems to be the only 
 competent judge on earth of this qucftion, unlcfs the 
 relation it bears to the Emperor's treafury makes it 
 fitter for the chief Duan to decide. 
 
 But in the foundation of LordCiive's claim, taken 
 upon the bill and anfwcr, it is very difficult to dif- 
 cern any traces of title, which a court, proceeding in 
 the mofl untechnical way, upon the firft and moft 
 open principles of juftice could find to take notice of. 
 
 He gives himfelf general colour, and in an indefi- 
 nite manner, feems to put his capacity of receiving a 
 jaghire upon his title to nobility in Hindoftan. The 
 defendants clofe with his Lordfhip there, and ir.fifr. 
 more exprefsly than he had clone before, that fuch no- 
 bility is the only capacity for that purpofe : his own 
 letters and conduct afford ftrong ground to fufpeft, 
 that at the date of the pretended Sunuud, he was not 
 an Emir or Omrah, 
 
 The bill alledges, that a jaghire is the ncceffary 
 conlequcnce of a Munlub, which the plaintiff infifls
 
 ( viii ) 
 
 is a kind of warrant to the Nabob, authorizing artd 
 requiring him to grant a Sunnucl and Penvannah for 
 the jaghire; and yet others whofc Muniubs are leis 
 exceptionable, have experienced no fuch confequen- 
 ccs, and the form of his intcrceffion with the court of 
 Muxadavad, proves that was not his intention then. 
 Beiides which other allegations in the bill, every arti- 
 cle of his own conduct, and every hiftory of the coun- 
 try prove, that the crown rents are ilill in the Great 
 Mogul, colle&ed by his Vakeels, afiifted by the force 
 of the Nabob, and exacted by his force; therefore 
 they rnuft flow from him only, and there is nothing 
 throughout the whole bill to fupport fo extraordinary 
 an implication as is now contended for. 
 
 But to lave all difficulties of this kind, the bill al- 
 ledges, that the Nabobs have lately ufurped through- 
 out the provinces of Bengal, Bahar, and Orixa, and 
 are now in the poiTeffion of the calla lands, and con- 
 fequently have intereft fufficient therein to make them 
 jaghive; but it doth not infift that there hath been 
 any formal or acknowledged change in the conftitution 
 of the enipire. On the contrary, it ftatcs the form 
 of the Mogul authority to be ft ill fubfifting, and only 
 waiting till fuperior force may either confirm the 
 Great Mogul in the abfolute poffeffion of his rights, 
 or totally deprive him of them. 
 
 Whether this ufurpation be ftill fluctuating upon 
 the unfettlcd condition of this barbarous country, or 
 whether the old conftitution of the empire be ftill 
 fubfifting, and not without vigour, as the anfwer in- 
 iifts, and the plaintiff's letters feem to evince, the 
 ground of this claim fuppofes a legal tranfmutation 
 of pofTefiion, and a court of juftice can take notice 
 only of what the laws of the country, alledged and 
 proved, -demand ; by which it fcems admitted on all 
 hands, the plaintiff has no claim, becaufe it feems 
 admitted, that the calfa lands were in the Great Mo- 
 gul, and it is not alledged in what manner they are 
 taken out of him, neither is the prefent title in any 
 manner derived from him. 
 
 The anfwer iniifts, that it ceafed with the life of 
 Meer Jafiier. I confefs freely I don't imc'erftrni 
 that. I cannot difcern in any part of the cafe, as 
 
 liated
 
 ftated to me, a ground of title which can give a juft 
 commencement to an eftate determinable with the life 
 of the Nabob. And if it be confidered, as I think 
 it, mere ufurpation by the hand of force, participated 
 with his auxiliary, it will fall under the fame confi- 
 deration as the reft of the plundering and fraud com- 
 mitted by the Europeans there : this makes an hiftory 
 not very fit or decent to be difcuiTed by a court of 
 juftice in a civilized country. 
 
 The anfwer like wife infifts, that an Englifh fub- 
 ject, and a fervant of the Eaft India Company, could 
 not accept fuch a grant : now fuppofing the govern- 
 ment of Hindoftan, a regular conftitution of vigo- 
 rous and effectual operation throughout all the mem- 
 bers of that great empire ; the Company are fubjects 
 of the Great Mogul, and owe him local allegiance ; 
 and Lord Clive, by accepting nobility and magiftra- 
 cy, only undertakes to execute thofe laws, which he 
 and the reft of the Company were before bound to 
 oblervc. This, and the objection mentioned imme- 
 diately before, feem to fpring from a recollection that 
 in fact this great country is a fcene of utter confu- 
 fion, quite void of order and law, which brings the 
 whole to that which I take to be the true qucftion ; a 
 queftion upon the rights of war, as war is practifed 
 among favages, a fquabble about plunder. 
 
 Hitherto I have forced myfelf to confider this cafe 
 upon thefe faint lines of juftice, which are fuggefted 
 by the bill, and have received fo much countenance 
 from the anfwer, as to be contefted and debated. They 
 are indeed fuggefted by the bill, but very poorly fup- 
 ported ; the real confuiion of the country is too vifiblc 
 throughout. However, giving all the circumftances 
 iniifted upon, the fulleft weight which imagination 
 can give them, I am ftill of opinion that the claim 
 made by Lord Clive hath no foundation in any 
 idea of juftice ; and that, if it had, no court of this, 
 country can decide upon it. 
 
 But the queftion feems ftill further out of the 
 reach of our laws, and the rules of private juftice. 
 
 The fubjects of the prefent difpute are a title to 
 nobility, territorial dominion, and a ftipendiary 
 revenue, in a country where there are no traces of" 
 
 a
 
 (' x ) 
 
 a municipal law, or general jufticc; or at leaft, where 
 thole principals have no practical or effective vigour : 
 Power and property are the temporary creatures or" 
 iupcrior force; liberty and fecurity of poifeflion are 
 quite unknown among any but the oentoos; and the 
 protection afforded them, is but a ftrain of barbarous 
 policy inufe among the Moors, in order to make the 
 country worth, ufurping. 
 
 The Moors have at this time not even the right 
 of conqueft over Hindoftan, as that, the moft bar- 
 barous of rights is underftood in Europe. Many great 
 tracts compriling confiderable Rajafliips, are ftill to- 
 tally independant, efpecially towards the North, and 
 among the mountains; particularly thofe on the Eaft- 
 tern fide, and many other great Rajahs, have no mark 
 of dependance except a tribute, which they pay or 
 withold, as the armies of the empire are near or re- 
 moved, difengaged or embroiled, with inteftine feuds. 
 In other parts, by force; in others, by fraud. The 
 Rajah and Polygar-families are deflroyed; and the 
 Zemindars are their immediate tributaries. This hath 
 happened chiefly in the moft open, fofteft, and con- 
 fequently the richeft countries. In fome few of 
 the laft countries, the ancient tributes only continue 
 to be paid; but in moft, the Zemindars fuffer rapa- 
 cious and arbitrary exactions. In all, the ftipendiary 
 payments forced by the Moors, bear no proportion, 
 but to the power and opportunity of oppreflion. The 
 more warlike nations of the Indians deal with the 
 Moors in the fame manner. 
 
 The Marrattas in the North and in the Eaft of 
 Hindoftan, demand from the whole empire, and ex- 
 aft from fuch members of it as they can harrafs, a 
 tribute which they call a chout. The Moors, for 
 want of a fettled and quiet eftablifhment, do not en- 
 creafe by propagation, in a climate of all others the 
 moft adapted to it, but are continually wearing out by 
 their excedive and debauched luxury : and by war 
 and by intcftine treachery, they are as continually 
 iupplied by the neighbouring Tartars of all olenomi- 
 rations. The Mogul, their acknowledged Emperor, 
 lends, vaft armies of them, all mercenaries, far and 
 
 wide.
 
 ( xi ) 
 
 wide, under his Nabobs, Soubahs, and officers, to 
 exact tribute, and to rule in their barbarous, rude 
 fafhion, this not half-conquered country among them- 
 felves. There is neither civil order nor military dif- 
 cipline, and confequently, no common political ob- 
 ject. Every individual is occupied upon the fouleft 
 purpofes, thinly covered with rude and inartificial 
 diffimulation. A weak Viceroy is loon di (placed by 
 intrigue and ftrangled ; an able one ftruggles to (hake 
 off the Mogul. If the Mogul be weak, indolent, or 
 ablorbed in vice, the \iceroy is independant : a re- 
 verie of thefe characters reftores the vigour of the 
 empire, for a time, and the tributes go to Delhi 
 again. Towards ftrangers they are neither bound by 
 humanity, general juftice, or the faith of treaties. 
 They have no compilcment of law, but the Koran ; 
 which is too loole, genera!, and deiultory, to dclerve 
 the name of a political inftitution : even that is cor- 
 rupted, and the man of power conftrues it as he 
 pleafes. 
 
 The Europeans began their trade there in factories; 
 the beft, becaule the cheapeft way of trade, if it could 
 have been lecure. How infecure thefe were in a 
 country of no public moral or faith, the hiflory told 
 by the bill evinces. Their defence made an expenfive 
 force neceflary. In a war amongfl the nations of 
 Europe, even that, proved too little ; and the pro- 
 digious force now employed in the neceflary defence 
 of the trade of Hindoftan, could not be lupport- 
 ed by the proceeds of that trade to the Com- 
 pany. Force, the bill informs, procured them a 
 great extent of territorial dominions : procured from 
 the Moors, territorial dominion over the native Gen- 
 toos. This, it is well known, they hold not under 
 the religion of public faith, but under the countenance 
 of the lame force which procured it. 
 
 Upon this bottom, they traffic along both coafts of 
 Hindoftan, and a great way into the country, with 
 many immunities from tolls and other impoiitions. 
 Their place, which is of the laft coniequence to trade, 
 the only real intercft of the Company, they hold of- 
 t nljibly and avowedly, on the terms of paying this 
 
 tribute
 
 tribute to the great Mogul, which Lord Clive now 
 claims. Suppofe the Mogul or his Vizier fhould 
 come down with a royal army to claim his tribute ; 
 will the contents of this flimfy bill in the Englifh 
 Chancery, be an anfvver to thofe mercilefs plunderers 
 who are known to govern themfelves by no law hu- 
 man or divine ? And if they muft be anfwered by 
 force, What obligation binds the Company to wage 
 war for Lord Clive' s Jaghire ? If the Company could 
 have been made fecure othenvife, Lord Clive ought 
 not to have bound them to fuch.a ftipulation ; if they 
 could not, how docs he propofe to infufethem ? 
 
 But confider this in a larger way. 
 
 Confider the Company as placed on a fmall foot of 
 ground, among a people with whom they are not con- 
 nected in political fociety; among a people fo favage, 
 that they cannot be leagued with them in any certain 
 place, under the law of nationy, their only real re- 
 lation being that of fear, force, and reciprocal intereft: 
 in how many different ways is tlris connection, of 
 which the ftipend is but one, among many articles, 
 liable to be broken ? 
 
 Suppofe the Mogul or Nabob, or fome independant 
 Rajah, lawlefs ravagers, fhould fee thefe lands as 
 cultivated under Europeans, an object of their avarice : 
 Suppofe the fame men, arbitrary princes, fhould 
 think to reduce the Englifh to the condition of their 
 Moorifh fubjefts : terms impoffible for free men. A 
 war enfues. Will the Chancellor by his order, of 
 permanent effeft in this fettled peaceful country, 
 compell the Company to go on paying a tribute to 
 Lord Ciive, which the law of nations (the only law 
 by which it may be claimed) will not compell them 
 to pay to his pretended fovereign ? In how many 
 different ways is fuch a connection liable to be varied 
 and modified by accidental events which have no re- 
 lation to the original treaty ? Shall the Company be 
 tied down to a certain invariable tribute, inftead of 
 being left at large to profit of events as they arife, and 
 deal to the utmoft advantage with their capricious 
 enemies ? 
 
 In Ihort, the terms of fuch an intercourfe as this, 
 while it continues, depend upon force for their
 
 continuance ; and the queftions upon which it breaks 
 muft be decided by the fword. The Jubject matter* 
 of this kind of convention between in<3pendant na- 
 tions, can be fubmitted to no tribunal but that 
 which decides the events of war, and decrees victory. 
 From what I have already faid, it follows by ne- 
 cefTary confcquence, that, in my opinion, the Direc- 
 tors are not only juftified, but according to my idea* 
 of the nature of truft, tlvey were bound in duty to 
 . with-hold the payment of this tribute to Lord Clive 
 It follows alib, that Lord Clive is their debtor for 
 Ib much of it as he hath already received, as being 
 received quite without confideration, and under a 
 miftake. Some circumftances go far to evince that 
 the miftake refled principally with Lord Clive, who 
 was their prclident at Calcutta, and not only appor- 
 tioned the revenues between the Nabob and Mr. 
 Clive, but paid them as preiident of Calcutta, to 
 Mr. Clive in his private capacity. Then the miftake 
 devolved to Lord Clive's agent, Mr. Vanfittart, who 
 likewife fucceeded him in the Company's fervice; 
 here it hath neither been' adopted nor rejected, but 
 hath been preierved in pure deliberation and perfect 
 fufpenfe. However, iuppofing it as I do, to have 
 been a meer miftake ; if it had been adopted here, 
 the defendant could not fcrve himfelf of it to retain 
 the money ib paid ; and I think the Company ihould 
 file a crois bill for that money immediately, and take 
 the earlieft opportunity of learning from Lord Clive, 
 on his oath, what are the true ftate of the facts, as 
 he means to rely upon them ? They fhould likewife 
 ufe the moil fpeedy diligence in Hindoftan, not only 
 to fix by evidence the ftatc of the public acts at Dehfi 
 and Muxadavad, as they are, and have been, forthefe 
 four years laft paft ; but they fhould prevent, if pof- 
 iible, any new inftrument from being introduced 
 there ; for though the manners of nobility in this 
 country are exceedingly pure, and abhorrent of all 
 uncandid practices, all the Moors, who muft be his 
 Lordfhip's agents, know no object but their intereft, 
 and no rule of conduct but deceit. 
 Fig-tree Court, Inner Temple, E. THURLOW. 
 
 Monday, December, 1763. 
 
 MR.
 
 MR. JOHN DUNNING's 
 
 O P I N I ON 
 
 O N T H E 
 
 EAST-INDIA COMPANY'S 
 CASE WITH LORD CLIVE, 
 
 RELATIVE TO HIS 
 
 LORDSHIP's JAGHIRE. 
 
 T HAVE given this cafe the beft and fulleft confi- 
 * deration I am able, and I am moil clearly of 
 opinion, that the claim has no foundation in the Mo- 
 gul conftitution ; is highly prejudicial to the interefts 
 of the Company ; contrary to every idea of the duties 
 of the relation the plaintiff bore to the Company ; and 
 that his Lordfhip's pretenfions (if the court had jurif- 
 di&ion, which I think it has not) are not to be fup- 
 ported upon any principles of municipal law or natural 
 jufticc. As to the latter part of the queftion, if the fuit 
 Ihould be perfifted in, the Company has nothing more 
 to do than to prove fuch of the circumftances infifted 
 on in their defence, as are not admitted in the bill. 
 
 Middle Temple J. DUNNING. 
 
 April 30, 1764.
 
 LORD CLIVE's 
 
 ADDRESS 
 
 TO THE 
 
 PROPRIETORS 
 
 o r 
 
 EAST INDIA STOCK. 
 
 Firft Publiflied in 1764. 
 
 TH E laft Eleftion of the India Directors drew 
 many unjuft attacks on my character ; and 
 it is probable, I may be cenfured by fome, 
 for having fuffered fuch reports as were fpread againft 
 me during the contefl to have remained ib long un- 
 anfwered ; but knowing, that even the authors of 
 them could 'not themfelves believe them ; and con- 
 fcious to myfelf, that every part of my conduct, 
 in the great lhare I had in' the management of tke 
 Company's affairs, would bear the mo ft rigid fcrutiny, 
 and the more known be the moie approved ; I held 
 them in too much contempt to merit any anfwer. 
 But as I find the unjuft attack on my character has been 
 followed by an attack on my fortune, and inlinuations 
 thrown out to juftify thefc proceedings, very injurious 
 to my honour, I reluctantly fubmit to vindicate my- 
 felf, and muft rely upon the candour of the Proprie- 
 tors, not to impute it to oftcntatio.us vanity, if in 
 fpeaking of myfelf I do aver, that I founded all my 
 actions in their fervice on honourable motives. 
 
 To ftate this clearly, I am obliged to go back to 
 that period when commerce was the Company's fole 
 object. The firft principle on which the Company's 
 fettlements were eftablifhed, was intirely commercial. 
 The Mogul government had, during the long and 
 B wife
 
 [ * J 
 
 wife adminiftration of Aurengzcbe, taken fuch deep 
 root, that the many nations which formed the em- 
 pire of Indoftan were fubjugated to the Mogul in 
 various forms ; fome of thm tributary and hereditary, 
 and others governed by Nabobs, or Viceroys, under 
 the immediate appointment of the Emperors. 
 
 Such was the ftate of the empire when the Englifh. 
 fettled in India ; and, in the reign of Furrucki'eer, 
 they obtained phirmonds, or royal grants, for efta- 
 blifhing themfelves in Bengal, Madrafs, and Surat, 
 with privilege of trading duty-free ; and a grant of a 
 certain diftrift of land to fettle upon, and liberty to- 
 fortify and govern themfelves by their .own laws, 
 But as the Englifh faw no violence to be apprehended 
 from a people who had a juft idea of commerce, and a 
 government at that time well adminiflred, they built 
 with very little view of defence, and carried on their 
 trade free from oppreffion. 
 
 The governors of the diflant provinces difcovering 
 the weaknefs to which the power of the Emperor was 
 reduced by the invafion of Nadir Shah, were no- 
 longer reftrained by fear ; each afTumed and exerciled 
 fevereign authority over his province, and looked on 
 his government as an heritage to his family. Scarce 
 any more of the annual fums, beforepaid by them to 
 the Mogul, were fent to court; anid, to maintain 
 themfelves in their fovereignty, they levied forces far 
 beyond what the ordinary revenues would maintain: 
 From hence opprelftons, became necefiary, and, in 
 their turn, the Europeans were opprcffed, not only m^ 
 their trade, but large fums extorted from them by vio-> 
 lence. Mont'. Dupleix, the Governor of Pondicherry, 
 was the rirft who took the alarm, and was the firfl 
 who difcovered the fuperiority of European difciplinc, 
 and from hence wa led into the idea of acquiring a 
 territorial fovereignty in India. 
 
 It is probable, he at firft extended his views no 
 farther than a diftrift round Pondicherry ; but when 
 once engaged in the politics of the country, his fuc- 
 ceffes fo far furpafied his expectation, and opened 
 iuch a icene of power to him, that he dildained the 
 narrow limits lie might at mil prelcribe to himfelf ; 
 
 and
 
 [ 3 J 
 
 and no doubt but they were enlanr~< J , not only to the 
 conqueft of the Carnatic, but to tin, cxi.q.ation of 
 all other European nations, and even to the reduc- 
 tion of the whole Mogul empire, and to make it a 
 dependant flare on the crown of France. 
 
 The Englilh beheld his progrefs with aftonifhmenf, 
 but were not rouzed to action, till they found tliem- 
 felveson the point of" being {wallowed up by the French 
 power. Forced to it, they with reluctance, in 1750, 
 undertook the fupport of Mahomed Ally againft 
 Chunda Sahcb, under whole name the French carried 
 on their ambitious projects. 
 
 It is not my intention to enter into a minute detail 
 of that long Avar, maintained on our fide againft a 
 conftant fuperiority of numbers, at the expence of 
 the lives of many thoufancls.of brave men, and at the 
 rifque of near a million fterling of the Company's 
 property ; I fhall only bbferVe, that from our fuc- 
 ceiFes, the Nabob's iituation was fo different at the 
 end of the year 1753, from what it was in 1750, at 
 which time tl;c fingle city of Trichinopoly was the 
 only part of his dominions that remained unconquered 
 by the French, that in 1753 ^ e ^ a< ^ recovered, and 
 was matter of, almoft the whole Carnatic ; and at 
 that time the French resources feemcd nearly exhauf- 
 ted. 
 
 The French Company, elated at the fbccefs which 
 attended Monf. Dupleix in the commencement of the 
 war, at firft faintly approved his meafures ; but the 
 oppofition of the other European powers, the un- 
 forefeen events of war, and the deviating fo widely 
 From their natural object of commerce, rendering 
 the event very uncertain, there was nothing could fix 
 their faith in the rectitude of thole mcafurcs, but 
 iucceffesthat might attend them, and a happy period to 
 the war, which Monf* Dupleix prom i fed them in 
 every letter. But, inftead of thefe fuccciles, they faw 
 the countries, of which they expected the revenues 
 would be their reward, in the hands of their enemies, 
 and their ftock exhaufting in the fupport of an un- 
 certain war, which ruined their trade, and the ma- 
 of the country, from whiclj they had 
 B 2 before
 
 r 4 ] 
 
 before reaped advantages fuitable to their eflablifh- 
 ment. 
 
 The war appeared in the fame light to the Englifla 
 Company, and therefore both agreed on a neutrality 
 for the Carnatic, till means fhould be found to put 
 an end to that and all future wars by negociations at 
 home. But as it regarded the Carnatic only, it did 
 not check the progrefs of the French arms in the 
 Decan, the Soubah of which had ceded to them 
 Malulipatam, and four provinces, which yielded them 
 a revenue of 400,000 1. fterling a year. Nor did there 
 appear any check to their progrefs in that country : 
 the French gave law, by their influence over the 
 Soubah, to a country as extenfive and populous as 
 France ; and by a prudent management of what they 
 had fo acquired, or by increafe of dominion, it was in - 
 their power even then to have laid a foundation on 
 which M. Dupleix's great idea* of conqueft might 
 have been realized. And altho' the French Company 
 themfelvcs fhould have chofen to adhere to their 
 commercial interefts, Dupleix's projects fuited too 
 well with that fpirit of conqueft which prevails ia 
 the French court, to be negle&ed ; and upon the 
 breaking out of the war it is realbnable to conclude, 
 from the forces lent out under General Lally, that 
 they adopted them in their utmoft extent. Our let- 
 tleinents were but a fecondary objeft ; their forces 
 were fo formidable, that they, with great probabi- 
 lity, imagined them a trifling oMtacIe, (which fur- 
 mounted) Cape Comerin and the Ganges might have 
 been the boundaries of their dominions. The fpiri- 
 ted efforts of Mr. Pocock could not prevent their 
 landing their army : St. David's fell ; no obftacle 
 but Fort St. George remained to the accomplifhment 
 of their farther conquefts. Here they met with a 
 refinance luitable to. the importance of the objeft ; 
 and- I am perfuaded, that MeiTrs. Pigott, Laurence, 
 Draper, and many other gentlemen of the garrifon 
 would have been buried under its ruins, fooner than 
 have furrendered the place. 
 
 The fiege was railed, their army reduced, anJ mis- 
 fortunes preffed them on every fide. 
 
 Prior
 
 [ S ] 
 
 Prior to the ficgc of Madrr.fs, they had loft al! their 
 Settlements in Bengal : four hundred Europeans, lent 
 under Col. Ford into the Decan, by the great fucccfs 
 of that gallant officer, put a period to their exptcta- 
 tions in that country. The reduction of Mafulipatam, 
 the four northern provinces, and the making all the 
 French army there prifoners, greatly contributed to 
 our fuccefs at Fort St. George, as it diverted great 
 part of the French forces, who othenvife would have 
 been called to the fiege of MadraTs, and deprived 
 them ot fupplies of money and provifions. And fi- 
 nally, as Col. Ford's expedition obliged the French 
 to Tend from the coaft 500 men for the relief of Ma- 
 fulipatam, of whom very few returned toPondicherry, 
 the French were reduced to act upon the def'enfive 
 only, and were greatly diftreffed for money and pro- 
 vifions, which Fort St. George was plentifully lup- 
 piicd with from Bengal. Under thcle circumlfonccs 
 the fall of Pondicherry clofed the Icene of all their 
 glory, and left them not a foot of land in India. 
 
 Thus have I traced, from its commencement, the 
 progrefs and iifue of a war, begun on principles of 
 French ambition, but happily terminated by the 
 greateft efforts of valour and good conduct on the 
 part of the Englifh. I flatter myfelf, thafevery Pro- 
 prietor imift receive infinite pleafure in the reflection, 
 that they will foon reap the benefit of thefe great and 
 glorious fucceffes, now fecurcd to them by the Xlth 
 article of the definitive treaty. Although there are 
 fome geographical errors, fuch as making the Soubah 
 or Bengal's dominions extend near 200 miles more 
 than they do, to Yawnam, and making that place 
 the northern inftead of the fouthern part of the coaft 
 of Orixa: the acknowledging Salabad Jing lawful 
 Soubah of the Decan, and Mahomed Ally Cawn law- 
 ful Nabob of the Carnatic, had better have been 
 omitted for feveral reaibns, and may be productive 
 of difputes hereafter between the two Companies : yet, 
 upon the whole, the article is very advantageous to 
 the Eaft India Company. 
 
 As my oppofition originally arofe from the defects 
 
 in the preliminary articles, (in which the intereft of 
 
 B 3 the
 
 t\\ Eaft India Company appeared to me to be m.u,ch 
 expoiedj it affords me a very particular pleafure to 
 think that I have been any ways inih'umental to the 
 amendment of that article- relative to the Company. 
 Of the part I acted in it, Mr. Wood himtelf bore 
 teftimony in the general court; and though it had 
 but little weight at that time, yet I perfuade rnylelf, 
 that when the voice of clamour ceales, tbat, like, 
 every other part of my conduct towards the Company, 
 will be found to have fprung from the warmeil zeal 
 for their honour and intercft. 
 
 As to myielf, I can with truth affirm, that the 
 principal motive that induced me to offer myielf a 
 candidate for the India Direction, was the intereft 
 of the Eaft India Company ; and my reafons for ef- 
 aoufing the caufe of Mr. Rous, arole from a convic- 
 tion of his integrity. Contrary to my expectation, 
 my opponents, the very men who had fo often con- 
 cuired in giving me the moft public teftimonics o 
 their fenfe of my fervices, were men that oppofed my 
 coming into the Direction. Better veried in fuch 
 bufmefs than myteif, they prevailed in this diipute, 
 and every fpccies of calumny was made life of that 
 maliqe could invent ; and the firft ftep my opponents 
 took, after- the election, was to order their Servants 
 abroad to ftop the rents of my eftate in the Eaft In- 
 dies, which they themielves had regularly paid rne for 
 feveral years, without objection. Their motives for 
 taking fuch a ftep at i'uch a time arc too obvious to 
 02 iniifted upon. 
 
 Anonymous letters in the public papers were the 
 channel my enemies choie for thole dishonourable, 
 reflections, which not one amongft them would have 
 dared to have fet their names to. 
 
 I have collected, from the heap of abfurd.ities pub- 
 d on that occaiion in' the Gazetteer of the I2th 
 
 of April, 1763, the following articles. 
 
 jft. That 1 lia<l refuied to ani\var certain enqiiiries 
 yefpecting the ciiftribution of the Nabob's tr.eafure. 
 
 2clly. That I had done injufticc to the relations of 
 the utihappy CufFerers in the Black Hole, by with- 
 
 holding
 
 [ 7 1 
 
 holding from them the lums flipulated by treaty for 
 their indemnification. 
 
 3clly. That having depofed the Nabob, I entered 
 the treafury, and distributed the wealth according to 
 the pleafurc of thole intrufted with the Company's 
 authority, leaving the Nabob deftitute, and necefR- 
 tated to borrow money of the Company for his nc- 
 c.cffary expcnces; by all which the Company may 
 hereafter become refponfible to the Mogul. 
 
 4thly. That no fervant of the Company fhall re- 
 mit money home but by their call), which order I 
 broke through, by remitting large fums by the Dutch 
 .cafh, 
 
 5thly, That I was guilty of a breach of truft, by 
 fupplying a Portuguefe fhip, bound from Bengal to 
 Lifbon, with goods and money, to the great detri- 
 ment of the Company. 
 
 6thly. That I have no right to an annual revenue 
 .pf 27,000!. a year given me by the Nabob, which 
 muft be fupported and maintained at the Company's 
 expence. 
 
 The firft of thefe articles does not explain what 
 the enquiries were I had refufed to anfwer; I there- 
 fore do not clearly underftand what the tendency of 
 of fuch enquiries were. If they had any relation to 
 the monies received from the Nabob by the Company, 
 jhe treaties entered into with the Nabob by the Ad- 
 mirals Watfon and Pocock, the Prefident of Fort 
 William and myfelf,in confequence of which the Com- 
 pany received near a million and an half fter ling, will 
 account for that proportion to which the Company 
 can lay any claim. This however does not feem to 
 be the matter alluded to, but fomething reipefting 
 rnyfelf, or the fortune I acquired in the Company's 
 fervice. It is well known, that I was not in England 
 at the time the general court was held relating to the 
 diftribution pf the Nabob's trealure, and could not 
 poffibly give any anfwer to the inquiries on that fub- 
 jeft; but if there was any foundation for fuch in- 
 quiries, the Directors were wanting in their duty to 
 the Company, in not making them after my return : 
 and it will appear, that the Directors, under their 
 B 4 owa
 
 [ 8 1 
 
 own hands, approved of the donations bellowed by 
 the Nabob on individuals for their fervices. But 
 however, as the neglcft of the directors, if that was 
 the cafe, in not calling me to account, can by no 
 means fanftify my actions, it is neceflary that I give 
 the bell fatisfaftion I am able relative to this matter. 
 I was appointed, by the gentlemen of Fort St. 
 George, commander in chief of the troops fent lor 
 the recovery of the Company's fettlements- in Bengal, 
 on board the fleet commanded by Admiral Watlbn. 
 On our arrival in the Ganges, we found the unhappy 
 remains of a once ilouriiliing colony on board a 
 few merchants fhips in that river. We landed, drove 
 the enemy from Fort William, and put the Company's 
 Governor and Council in poffeffion. The Nabob 
 then came down with an army of ilxty or feventv 
 thoufand men, and a heavy train of artillery, flufhed 
 by his late fuccefTcs againft the Englifh. The King's 
 and Company's forces, confiiling of a battallion of 
 450 men, a battallion of Seapoys, and a body of 
 failors from the fquadron, attacked the Nabob in 
 his camp, and defeated him. We then made a treaty 
 with him, by .which he engaged to reftore all the 
 effefts he had taken. In confequence of which, the 
 Governor and Council recovered in goods and money 
 to a large amount. * 
 
 War being declared againft France, .we tookChan- 
 dernagore ; and having convincing proofs, 'that the 
 Nabob's firm intention was to extirpate the Englifh, 
 as foon as the troops and fquadron left the river, we 
 entered into an alliance with Mcc'r Jaffier Ally Ca\vn, 
 a general officer in the Nabob's fervicc, and near re- 
 lation to the Nabob; and accordingly a treaty t wai 
 concluded between us, the chief object of which was, 
 on the part of bur ally, a full latisfacVion to the 
 Company and all the inhabitants, for the loifes tlu"v 
 had fuftained by the capture of Fort William, ancl 
 other factories which the Nabob had plundered, with 
 
 gram* 
 
 * A copy of this treaty may i.c kci; ;.-. .!:.- Appendix, No. i. 
 
 v. 
 
 t ,A copy of which mav be fv^n in t'ne Appendix, Nc. 3.
 
 . 
 
 grants of lands and privileges; and, on the Company's 
 part, to place and fupport him in the government of 
 the three provinces of Bengal, Bahar, and -Orixa. 
 
 Every thing being agreed on between Meer Jaffier 
 and the Iccrct Committee, we marched the army to 
 meet the Nabob, whom we intirely defeated. His 
 death followed loon after, and Meer Jaffier was, in a 
 few days, in poflcllion of the government, and of a re- 
 venue of three millions and an half ftcrling per ann. 
 The one half of the iecret Committee being then 
 prefent at the capital, and a report made by the Na- 
 bob's minifters of the ftate of the treafury, it vvaa 
 fettled, that half the fum ftipulated by treaty ihould 
 be paid in three months, and the other half in three 
 years, all conditionally, that we fupported him in the 
 .government. 
 
 The Nabob then, agreeable to the known and ulual 
 cuftom of eaftern princes, made prefents, both to thofc 
 of his own court, and to fuch of the Englifh, who by 
 their rank and abilities had been inftrumental in the 
 happy fucccis of fo hazardous an entetprize, fuitable to 
 the rank and dignity of a great Prince. I was one 
 amongft the many who benefited by his favour : I 
 never fought to conceal it, but declared publickly, in 
 my letters to the fecret committee of the India Di- 
 rectors, that the Nabob's generality had made my for- 
 tune eafy, and that the Company's welfare was now 
 my only motive for ftaying in India. What injuftice 
 was this to the Company ? They could expect no more 
 than what was ftipulated in the treaty. Or what in- 
 junction was I under to refufe a prefent from him who 
 had the power to make me one, as the reward of ho- 
 nourable fcrvices? I know of none. I had furely my- 
 felf a particular claim, by having devoted myfelf to the 
 . Company's military tervice, and neglected all commer- 
 cial advantages. What reafon then can be given, or 
 what pretence could the Company have tu expect, that 
 I, after having rifqued my life fo often in their fervice, 
 Ihould deny myfelf the only honourable opportunity 
 that ever offered of acquiring a fortune, without pre- 
 judice to them, who, it is evident, would not have had 
 more for my having had Icfs. When the Company- 
 had
 
 bad acquired a "million and an half fterling, and a V-L- 
 venue of near 1.00,000 /. per annum, from the iuccefs- 
 of their forces under my command ; when ample re- 
 paration had been made to thoie whole fortunes iuffer- 
 ed by the calamity of Calcutta ; and when individuals 
 had, in confequence of that fuccefs, acquired large 
 eftatcs ; what would the world have faid, had I come 
 Thome, and relied upon the genercfity of the prcfent 
 Court of Directors r 
 
 It is well known to every gentleman in Bengal, that 
 the, honour of my country, and the intcreft ot the 
 Company were the principles that governed all my 
 a$ioas; and that had I only taken the advantageous 
 crpportunities that prefented. themielves, by my being 
 commander in chief, and at the head of a victorious ar- 
 my, and what by the cuftom of that country I was en- 
 titled to, the Jaghire i tie If, great as it is, would have 
 been an objeft fcarce wortli my coniideration. 
 
 The city of Muxadavad is as exteniave, populous, and 
 B.ch as the city of London; with this difference, that 
 there arc individuals in the firfr. pofTcffing infinitely 
 greater property than any in the laft city. Thefe, as 
 njell as every other man of property, made me the 
 greateft offers, ("which nevertheless are ufual upon fuch 
 ccaiions, and what th6y expected would have been re- 
 quired) and had I accepted thefe offers, I might have 
 been in poffeffion of millions, which the prefent Court 
 of Directors could not have clifpoflefled me of. But 
 ^referring the reputation of th.e Englifh nation, the 
 intereft of the Nabob, and the advantage of the Com- 
 pany, to all pecuniary conliderations, I refufed all of- 
 fers that were made me, not only then, but to the laft 
 hour of rny continuance in the Company's fervice irt 
 Bengal, and do challenge friend or enemy to bring one 
 lingle inflance of my being influenced by interefted 
 motives to the Company's difadvantage, or to do any 
 ac~l that could reflect clifhonour to my country or the 
 Company, in any one action of my adminiftration, 
 ;rher as Governor or commanding officer. 
 
 J little expected ever to have had my conduct im- 
 f>:-ached, or to have received fuch treatment from the 
 Couit of Directors, efpecially after the many public 
 
 and
 
 r i 
 
 ?.!*] honourable teftimbnies of approbation I had re- 
 ceived in the orders and letters mentioned in the Ap-. 
 pcndix, No 3. 
 
 I am not oilentatious, but upon this occafion arq, 
 forced to deviate from myfelf, and \vith great reluftr. 
 ancc expofe theie public teftimonies of my conduct, in 
 contrail to the diihonourable motives which have in- 
 duced my enemies to impeach it. 
 
 As to the 2c! article, accufing me with injustice to- 
 wards the relations of the unhappy fufferers.in the 
 Black Hole, whoever will be at the pains to inquire, 
 will learn that 625,0007. was the fum affigned to make 
 good the loffes fuitainecl by the Europeans ; that the 
 money was fent down to the Governor and Council at 
 Caltutta, and by them depofited in the Company's, 
 treafury, who gave orders to their treafurer to iiTue it 
 out as demanded to the fecretary appointed by the 24 
 commifnoners, chofen by the inhabitants themfelves to 
 adjuft their respective claims; and that none of it ever 
 paired through my hands. They will further learn, 
 that the fum affigned did not only fuffice to pay the 
 principal of fuch lolles, but for a dividend of 22 per 
 cent, for intereft, befldes a fum fufficient for another 
 fuch dividend, which has been detained for the Com- 
 pany's ufe by orders to their fervants abroad. It is 
 very poffible, that ttie heirs of fome of the unfortu- 
 nate fufferers in the Black Hole may not hare been able 
 to obtain their right, for want of attornies to apply to 
 the commiflioners for that right. If there be any fuch, 
 demands, I fhould imagine they may ftill have juflice 
 done them out of the remaining treaty-money, now in. 
 polTeiTion of the Company. But to fhew in what a 
 light the fufferers themfclves regarded my conduct, I 
 take the liberty to infert a paragraph, extracted from 
 a letter figned by almoit all the inhabitants of Calcut- 
 ta, which will (hew the proprietors their fentiments of 
 my conduct on that, iubjcft. 
 
 Honoured Sir, 
 
 " The inhabitants of this fettlement, truly fenfiblc 
 ?' of the benefits they have received from your 
 " generous affiftance, in obtaining them reftitution 
 
 " for
 
 . [ .' 3 
 
 * for the heavy loffes they fuflained in the mii<.: 
 
 cc catailrophe ci June 1756, and for your great care 
 
 f ' and affuiuity in the colk&iag of that part of tlie 
 
 " Nabob's donation ; Do, with the utmofl gratitude, 
 
 ** return their hearty and fincere thanks for thofe 
 
 ** great favours conferred on them, the remembrance 
 
 t<r whereof will be for ever indelible.'* 
 
 As to the third article, which feems to intimate 
 feme right in the Great Mogul to the treafures of the 
 late Nabob Surajah Dowla, and that the Company 
 may hereafter be rcfponfible to-him on account of thefc 
 treafures; it iray be laid, that there is fuch a Prince, 
 tut he is alrncit without territory or power; the little 
 J\c pofiefies not being equal in extent, or riches to one 
 twentieth part of his dominions, anr! therefore unable 
 ' -,n force in thofe provinces any authority that might 
 Rave formerly belonged to him; and he, is now fo far 
 ; scl, as to be a captive- to, and in the hands of, one 
 ef the Soubahs. 
 
 However, as I would give the proprietors all the fa- 
 tlsfaticn I can, as to this article* I will lay all 
 the particulars before them, and for that purpofe I 
 muft inform them, that as foon as it was known, that 
 Sujarah Dowla was fled from the city, a new mihiftry 
 was immediately appointed, and the former officers be- 
 came refponfible to them. 
 
 The gentlemen appointed by the Governor ' and 
 Council to receive the money due by the treaty, were 
 agents for this purpofe. As to myfelf, I was never 
 there but once out of curiofity; and I do declare, that 
 I never interfered, directly or indirectly, any further 
 th;>n what immediately related to the payment of the 
 money {lipulated by the treaty. 
 
 The rrealure was moft certainly the property of the 
 "Nabob Meer Jaffier, as it would have been of any 
 other Nabob, who might have fucceeded to Surajah 
 Dowla ; but for the application of the money, I will 
 fuppofe, for once, that it did belong to the Great Mo- 
 gul : i'urely then it was out of that very Imperial trea-. 
 lure the Company received 1,250,000!. The fuffer- 
 crs at Calcutta 1.000,000!. and the navy and army 
 
 600,
 
 [ '3 1 
 
 6oc,OOol. and that if Meer Jafficr had no right to 
 give any part of the Imperial treafure to individuals 
 for their fervices, he had no power to beftow thofc fe- 
 veral large lums to the Company, fufferers, navy, and 
 army ; and if he was anfweraMe for the one, he mull 
 for the other. If therefore, it was wrong in me to 
 accept the favours of the Nabob out of that treafury, 
 certainly it muft be fo too in the Company, fufFcrers, 
 navy, and army. 
 
 As to what is infinuated, that the donations given 
 by the Nabob to individuals, had drained his treafury 
 in fuch a manner, that the Company were obliged to 
 lend him large fums of money, this is not only a very 
 unfair, but a falie reprefentation of facts. The time 
 the Company lent this money to the Nabob was, when 
 his dominions were in peace, and the fum was only- 
 two lack, of rupees, about 25,000!. the Nabob's mini- 
 fler himfelf informed me, he had then to the amount 
 of near a million fterling in jewels, a large fum of 
 money in his treafury, and to a very great amount in 
 plate. It could not be owing to diftrefs that he bor- 
 rowed this money: his pretences of poverty might have 
 been made ufe of with a political view, as is the con- 
 ftant practice in that country; or he might have dcfired 
 to borrow money of the Company for fear they fhould 
 deli re to borrow of him. But the real fact was this; 
 if I may be fuppofed to know it, who then prefided 
 over the Company's affairs in Bengal. 
 
 By the IXth article of the treaty with the Nabob, 
 the Company's poffeffions would have been of little 
 confequence to them, unlefs we were allowed to put 
 not only our own conftruction on the words of the ar- 
 ticle, but alfo to have an additional quantity of land 
 ' to the northward, to the amount of near I2,ooo/. per 
 ann. In order to accoraplifh this, we not only were 
 obliged to comply with the Nabob's requeft, made at 
 that particular time, but alfo to make preients to fc- 
 veral of the principal officers about him, to engage 
 his confent to this grant, which he was not bound to 
 make by treaty ; and I believe the Directors know 
 Very well, if not, I am iure the Governor and Coun- 
 cil are well apprized of what confequence it was to 
 
 the
 
 [ '4 ] 
 
 the Company, to obtain the grant of thofe lands to 
 the northward of Calcutta. I will venture to affirm, 
 had the Nabob defired a loan of money at any other 
 time but this, his requeft would not have been com- 
 plied with. 
 
 The unfortunate Meer Jaffier was a ftranger to 
 cliftrefs until I had left the country. It was when the 
 King's fon, and a large body of MorattOes, invaded 
 and ravaged his kingdom for a twelvemonth together^ 
 and had flopped the receipt of great part of his reve- 
 nues. It was then that the Nabob began for the firft 
 time to experience the misfor-tunes of di|trefs* Yet 
 ftill his diftrefs was not ib great, but that his fucceffor 
 was able, immediately, to beftow on the Company 
 eight lack of rupees, or ioo,oco/. fterling, to carry 
 on the war on the coaft of Coromandel. 
 
 As to the fourth article, That no fervant of the 
 Company fhall remit money home but by their cafh ; 
 which order I broke through, by remitting large {"urns 
 by the Dutch cafh. That I did, jointly with my 
 friends, remit a large fum of money to England, by 
 bills on the Dutch Company, is moil true, for this 
 reafon only, that the Englifh Company's treafury was 
 Ib full, that their fervants abroad thought it inconfift- 
 ent with the Company's imereft to grant bills, when 
 it was more than poffible, the French might drive us 
 out of all India, and the Company not only lofe what 
 they had juft acquired, but become reiponlible for the 
 immenfe fums, which under the terror that then pre- 
 vailed of the French force, would be immediately 
 poured into their treafury : and though I fhould have 
 thought it a great advantage to have remitted my for- 
 tune home at that dangerous crifis, by bills on the 
 Company, when the motion was made in council to 
 receive all monies tendered for bills payable in three 
 years. I was myfelf one of thofe who oppofed it ; 
 and the only money received into the treaiuiy was 
 Mr. Watfon's eftate, to fhevv a fenfe of the fervices 
 received from him : fums due to the merchants of 
 London, for coral and bullion ; fmall fums from the 
 principal fervants, for remittances to their families^ 
 
 ami
 
 [ '5 J 
 
 and the purcnafe of necefTaries, were received, and 
 bills granted for them. 
 
 I flatter myfelf it will give me fome merit with the 
 "Company, that I oppofed the fatal defigns of tlic 
 Dutch in the armament they had fent to Bengal, with 
 fo much perfeve ranee, more efpecially as I had at that 
 time the greateft part of my property in their power, 
 the bills given me not being wholly due till three 
 years after fight ; and I could not but be very fenfible 
 at that time of the rifque I ran, by fuch an oppoiition 
 to that dangerous undertaking ; and I vrill venture to 
 affirm, that had not my truftces agreed to accept the 
 payment of the money upon the Dutch Company's 
 own terms, which were a very confiderable deduction 
 for prompt payment, the greateft part of my fortune 
 would have been at this day in their hands. 
 
 As to the fifth article, That I was guilty of a breach 
 of truft, by fupplying a Portuguefemip, bound from 
 Bengal to Lifbon, with goods and money, to the 
 great detriment of the Company, there is not one 
 word of truth in the whole of this afTertion. Thofe 
 who did, may plead the fame defence that I do for my 
 remittance by the Dutch : the inference drawn is ab- 
 furd ; the Company had more money than goods to 
 purchafe. 
 
 I now come to the laft article, viz. That I have no 
 right to an annual revenue of 27,ooo/. a year, given 
 me by the Nabob, which rauft be iupported and 
 maintained at the Company's expence. 
 
 In this article, party refentment feems to have 
 ron founded all ideas of right and wrong; and my op- 
 poiition to the prefent leading gentlemen has caft fuch 
 a mift before their eyes, that they cannot difcern that 
 right which they had before acknowledged by every 
 at that could exprefs it. But as I intend to make the 
 Proprietors the judges of that right, I fhall explain 
 the caufe, for which the Jaghire, or Lordlhip, which 
 produces to me an annual income of about 30,000 /. 
 a year, was given me, and the nature of the grani by 
 which I hold it. 
 
 Soon after the battle of Plafley, the Nabob, of 
 sis own free motion, without the leaft hint or appli- 
 cation
 
 cation from me, fent a petition to the court of Dehii, 
 that I might be created an Omrah, or Lord of the 
 Empire, "in ths beginning of the year 1758, thfc 
 Nabob received and delivered me the patent (with 
 -other honours accompanying it) by which I was crea- 
 ted an Omrah of the command of 5000 foot, and the 
 rank of 6000 horfe. 
 
 According to the cuftom of the country, the Sou- 
 bah afligns a Jaghire, or eftate, within his own pro- 
 vinces, tofupportthe dignity of the new created Oin- 
 rah ; but at the time I received the patent of creation, 
 I knew of no fuch intention in the Nabob, whole 
 friendfhip for me gave way to other views. 
 
 I have before hinted, that the Soubah's firft plan 
 was to evade the execution of the remaining part of 
 the treaty, and to appear, in the eyes of his fubje&s, 
 as maintaining himfelf by his own flrength, and not 
 by our fupport. 
 
 He took the field, as early as the feafon would per- 
 mit, with an army of 80,000 horfe and foot; and it 
 was with reluctance that he lent for me to join him 
 with our troops, and more from the apprehenfion of 
 leaving us fo near his capital during his abfence, than 
 from any expectation of our affiftance in the further- 
 ing of his defigns. 
 
 We marched the army up, now reduced by the ma- 
 lignancy of the climate to 300 Engiifh, with two bat- 
 talions of Seapoys, and a train of artillery. 
 
 At our firft meeting I reproached him with the du- 
 plicity of his conduct, and infifted on his immediately 
 paying down all arrears, and that he fhould give fe- 
 cure affignments for the payment of the reft of the 
 treaty-money. I freely gave him my opinion of his 
 keeping up fuch a vaft army, which drained his trea- 
 fury to no manner of purpofe ; that the 'example of 
 his predeceflbr might be a lellbn to him how little 
 fuch troops were to be depended upon ; and that when 
 danger preffed, he would find the Engiifh his only 
 true -and firm fupport. In his exaltation to his new 
 grandeur, and feeing himfelf at the head of fuch a 
 numerous army, my advice made little imprefiion ; fo 
 I concluded with telling him, he might am ufe himfelf 
 
 with
 
 t 7 1 
 
 ^ith his own idea?, but, in the mean time, that I wzs 
 neither to be trifled with nor intimidated ; and, after 
 fome ftrugglc, I obtained immediate payment of the 
 arrears, amounting to leveral hundred thouland pounds, 
 and an alignment of certain dilln&s, the revenues of 
 which were to be collcfted by the Company, as a fe- 
 curity for the reft ; and from this inftant the Nabob 
 may have been faid to comply literally with this 
 treaty. 
 
 Thefe were the Nabob's fentiments at that time, 
 and fuch they continued until the following year, when 
 the province of Bahar being invaded by the Mogul's 
 Ion (drove by the Vizier from his- father's court) the 
 Nabob attempted to take the field, and now experi- 
 enced what I always inculcated to be true. Vaft ar- 
 rears were due to his numerous army, who, taking 
 advantage of the times, lurrounded him, and infifted 
 not only cm the whole of the arrears due from his prc- 
 deceflbr as well as himfclf, but on an advance of pay. 
 Thefe demands amounting to many millions, it was 
 impoifible he could comply with them. 
 
 In this exigency he applied to us, entertaining great 
 doubts of our friendfhip, from the confcioufnels of 
 the infincere part he had ated, and from a juli fenfe 
 of his own imprudence, in having neglefted the ad- 
 vice I had given him the preceding year, to difband 
 the greateft part of his large and ufelefs army. Bound 
 by treaty and intereft, it behoved us to lecure the 
 attachment and dependancy of the Nabob. V/e im- 
 mediately took the field, and relieved him, for the 
 prefent, from the inconveniencics he laboured under 
 from his own forces, who, over- awed by our pre- 
 ience, defifted from their demands. Being joined by 
 8000 horfe and foot, under the command of his Ion 
 the young Nabob, we marched four hundred miles in 
 twenty-three days, and forced the enemy to raife the 
 iiege of Patna, the capital of the province of Bahar, 
 and purhied them two hundred miles further, until 
 they paifed the boundaries of the Soubah's dominions, 
 and then obliged the tributary Rajahs to pay their 
 arrears. In the mean time, the Nabob's army had 
 again furrounded him, and were become more out- 
 C raucous
 
 L iS J 
 
 ragcous than ever ; and he was upon the point f be* 
 ing put to death, when the news of our fuccefs dif- 
 perfed them, and they became as fubmiffive and fawn* 
 ing, as they were before daring and infolent. 
 
 Services rendered at fuch a crifis, convinced him at 
 lad of the value of fuch iincere allies. On my return 
 from the north he came to meet me, and after many 
 obliging expreffions, that I had faved his life, and 
 made him a fecond time Soubah, he reproached him- 
 felf with ingratitude in never having appointed me a 
 jaghire.. On taking his leave he told me, Jaggerfeat 
 (a man of great note in that couritry) was intrufted 
 with his orders on that fubjecl. Jaggerfeat foon after, 
 put a paper roll into my hands, in the prefence of Mr. 
 Francis Sykes, Mr. Luke Scrafton, (both now in 
 England) and Major Carnac, which proved to be a 
 patent for the lordfhip of the lands rented by the 
 Company,, in ''conlequeace of the article of our treaty 
 with him. Tire pateat was, foon followed by the 
 order in the Appendix,, No. 3^ being an order to 
 the Governor and Council of Calcutta, to pay me the 
 rents of the faid lands, inftead of paying them as be- 
 fore into his treafury, he having made rae a Jaghire,^ 
 dar, or Lord of the country. 
 
 Such were the motives that induced' the Nabob to- 
 give me this token of his fenfe of my fervices, and 
 iuch the manner in which it was conferred, by me 
 unaiked and unexpected ; 1 lay unafked and unexpec- 
 ted, becaufe, from the time of my receiving my ho- 
 nours from Dehli, in December 1757, to this time, 
 nothing had ever palled on the fubjecl:, but one letter 
 from me to Jaggerfeat, in January 175.9, informing 
 him, that the Nabob had made me an Omrah with- 
 out a Jaghire, which 1 underftood did uiually accom- 
 pany it, and to defire he would apply to him on that 
 occalion ; to which letter he returned anfwer, that he 
 had applied to his Excellency, who ordered him to 
 acquaint me, that he never granted Jaghires in Ben- 
 gal ; that Orixa was too poor, but that I might have 
 one in Bahar. Looking on the Nabob's anfwer as an 
 evafive one, and that he was not inclined to comply 
 with my recjitdr, 1 m:ver wrote or thought any more 
 
 on
 
 t *9 :i 
 
 on this fubjeft, until I received a fecorul letter froni 
 Jaggerfeat in anfvver to my firft, after our fuccefi 
 againft the King's fon, that the Nabob had turned 
 the thing in his iviind, and was willing to grant me a 
 Jaghire in Bengal ; But the nature of it, where, or 
 of what value it was to be, I was intirely ignorant, 
 till the patent explained it, and I confcfs it gave me 
 the greater plealure to find it to be the Lordfhip of 
 the Company's lands, becaufe 1 the Company was 
 thereby freed from all dependancc on the govern- 
 ment. 
 
 It now remains to fay fomething of the validity 
 and nature of the grant. It is to be obfcrvcd, that 
 the lands ceded to the Company by the IXth article 
 of the treaty, were only ceded to them as perpetual 
 Jemindars, or renters, the Nabob referving the lord- 
 fhip and quit-rents, which amounted to near 30,0007. 
 yearly ; and the Company could never be lawfully 
 difpofleHed, fo long as they continued to pay that quit- 
 rent. It was, then, the lordlhip and rents fo referred, 
 that he made over to me ; no prejudice refulting to 
 the Company, who had farmed out the fame to a very 
 confiderable yearly amount, with a profpecl of great 
 increafe of rents, and only this difference, that they 
 were to pay the quit-rent to me, inftead of the go- 
 vernment ; to this nation a profit of 30,000). a 
 year. 
 
 With regard to the validity of this grant, I fhall 
 only lay, that the patent palled all the ufual forms of 
 the country, and was founded on the very fame au- 
 thority that the Company had for all their acquill- 
 tions, the power of a Soubah. This I think is a 
 Sufficient anlwer to the charge in the 6th and lad 
 article. 
 
 I ihall now proceed to lay before the Proprietors 
 the meafures taken by my aclverfaries, fubfequent to 
 the election, and the reaibns they afllgn to iupporr 
 them. 
 
 But I fliall firft take notice, that by the fervices 
 rendered to the Nabob, the Company not only re- 
 covered the misfortunes fuftained from the late Nabob, 
 with the poflTerrions I have already mentioned, but 
 C 2 alib
 
 alib acquired, and had delivered into their hands,, 
 the abiblute power over the three provinces of Ben- 
 gal, Bahar, and Orixa, whofe ordinary annual re- 
 venues produce three millions and a half fterling ; 
 infomuch that they were enabled to let up and 
 eftablifh in the Soubahfliip any perlbn they thought 
 fit. This matter may be clearly feen by the letters 
 in the Appendix, No. 3. 
 
 This power the Company, foon after I left Bengal, 
 exerciied, and in 1761 they entered into a treaty with 
 Mahomed Coffin Cawn, Ibn-in-law to Meer Jaffier, 
 for that purpofe, (a copy of which treaty is in the 
 Appendix, No 1 . 4.) By this treaty the Company ac- 
 quired a much larger cliftrict of country, tnan tne y 
 before enjoyed under the treaty with Meer Jaffier, 
 together with a larger eftate and intereft in thofe 
 lands, than they had in thole before granted ; for the 
 annual amount of the lands laft acquired were near 
 600,000 1. and inftead of relerving to the govern- 
 ment the ulual rents of homage which thofe lands 
 were fubjeft to, both the laads and thofe rents were 
 granted to the Company. 
 
 This treaty being figned by Mahomed Coffin Cawn 
 and the prefidents of the Company at Calcutta, on 
 behalf of the Company, the Nabob Meer Jaffier was 
 furrounded in his palace by the fervants of the Com- 
 pany, and obliged to relinquifh his government, and 
 was carried down to their iettlement at Calcutta, 
 where he did till lately refide, and Mahomed Coffin 
 Cawn was placed in the executive part of the go- 
 vernment in his Head. 
 
 I fhall not at prclent enter into the consideration 
 of the grounds and motives for ib early and extraor- 
 dinary a change in the government of the provinces^ 
 being inclined to think thole matters will be laid 
 before you by peribns better acquainted with that 
 tranfa&ion than I am. For the preient I introduced 
 it only to fhew the great advantages the revolution, 
 brought about by the removal of Surajah Dowla,. had 
 produced to the Company ; and that thofe advantages 
 might, with prudent management, be increafed :. but 
 at the lame time I inu-il obitrvc, that the revolution 
 
 againft
 
 againft Surajah Dovvla was a matter of neceflity, as 
 upon that event only depended the exigence of the 
 India Company ; and I hope nothing but the pre- 
 fervation of the Company's property in thole parts 
 induced tho(e concerned in the laft revolution (if it 
 may be fo called) to bring it about. 
 
 I have before acknowledged, that my fortune arofc 
 frum the grateful bounty of the Nabob for my fer- 
 vices to him ; and altho* I iliall ever think of my 
 iervices to the Company with pleafure, yet the Com- 
 pany cannot lay I owe them any thing in point of 
 gratitude. My allowance, as Prefidenr, was (until 
 increafed by the additional allowance of loool. a 
 year) leis than any of my precleceflbrs received by 
 1200!. a year. Indeed, had the Court of Directors 
 rewarded my fervices in the fame manner they have 
 done thole of my fuccelibr, by allowing me two and 
 an half per cent, on all their revenues and monies 
 acquired for them, it might have been otherwife. My 
 advcrfaries cannot therefore fay I acquired my for- 
 tune out of the property of the Company, or in 
 diminution of that of my country, or any of my 
 fellow-fubjects : on the contrary, it is well known, 
 that had it not been for the fucceffes we were blefled 
 with, this kingdom would never have had the benefit 
 of one farthing of the money which hns been brought 
 into it, in confcquencc of thole fucceffes. This being 
 the cafe, one might have expected, after fo many 
 years fervice to the Company, and under the cir- 
 cumftances I have defcribed, they would at leaft have 
 permitted me to have had the quiet enjoyment of that 
 fortune I had ib obtained. 
 
 And here I muft acquaint the Proprietors, that the 
 rents of my Jaghire were regularly paid during the 
 time I was in Bengal, and, lincc my return, have 
 been received by my attornies in Bengal, and re- 
 mitted by them to me, as the fhips failed from thence, 
 in bills on the Company here, which were always 
 regularly paid without objection, until May lail, 
 when, on the fhips going out for Bengal, which were 
 the firft that went out after the election on that 
 voyage, I was given to underftand, that orders had 
 C 5 been
 
 been fent to flop the payment of my Jaghire. I 
 applied to tlie Court of Directors for a copy of thofe 
 orders, but that was refufed ; however, I afterwards 
 came to the knowledge of them. They are to the 
 following purport : " With reflect to the Jaghire 
 " given by the late Nabob, J.ifficr Ally Khan, to 
 Lord Clive, ariling out of "the lands granted by 
 the faid Nabob to the Company, we direct, that 
 you do not pay any further fums to the attornies 
 of Lord Clive on the account; and we further di- 
 rect, that whatever fhall arife in future from the 
 laid Jaghire, be carried to our credit. You are fo 
 caufe exact accounts to be made out and tranfmitted 
 to us, not only of what fhall fo come into our 
 cafli, but alfo of all the fums Lord Clive's attor- 
 nies have already received on the faid account, to- 
 gether with the dates of the feyeral payments. His 
 Lorclfhip's pretenfions to the faid Jaghire will be 
 fettled here." 
 And Mr. Sulivan, by a letter wrote at the fame 
 time by him to the Prelident at Calcutta, informed 
 him, " That al) cordiality being at an end with Lor4 
 1 Clive, the Court of Directors had {topped payment 
 c of his Jaghire ; a meafure which would have taken 
 ' place years ago, had it not been for him (Mr. Su- 
 ' livan) ; and that on this head the laid Prcfldent 
 ' was to obey every order, which he might receive 
 * from the Court of Directors ; and that more was 
 1 not, nor muft be, expected of him." 
 
 I fhall not trouble the Proprietors with any obfer- 
 yations on this order and letter, they will fufficiently 
 Ipeak for themfelves ; but fhall only remark, that I 
 muft think it extremely hard to be deprived of my 
 property becaufe I cannot agree with the prefent 
 Court of Directors. 
 
 But the Company having paid my Jaghire fo long 
 without any objection, and even now not claiming 
 any right thereto themfelves, nor pretending to fay 
 that any one eife does ; under fuch circumftances one 
 might be at a lofs to conceive what foundation in 
 reaibn there could be for the Directors fending fuch 
 
 orders
 
 C *3 ] 
 
 orders to Bengal. But, on inquiry into the matter, 
 the reaibns aligned appear to be four. 
 
 i ft. That the Mogul is fovereign of the provinces 
 of Bengal, Bahar, and Orixa, and proprietor of all 
 the lands within thole provinces ; and that the rents 
 granted to me are the antient imperial rents referved 
 and payable to the Emperor; and that therefore the 
 Nabob could not grant or alienate the fame from the 
 imperial Crown ; and that the Company may be 
 called to an account by the Emperor for what they 
 have paid to me : Nor is that all the Company feem 
 to expeV, but that I am accountable to them for 
 what I have received. 
 
 2dly. That fuppofe the Nabob had a right to alie- 
 nate thofe vents, fuch alienation could exift no longer 
 than the Nabob who granted the fame continued in 
 his government, and that fuch alienation was not 
 binding on his lucceiTor ; and as Meer Jaffier had 
 been depofed, the grant became of no effect. 
 
 3dly, That my acceptance of the dignity of an 
 Omrah, or title of honour (which honour they 
 doubt my having had, although they have a copy of 
 the patent in their cuftody) was contrary to my duty 
 to the Company, as I might be obliged, by fuch ac- 
 ceptance, to afiift the Mogul and the" Nabob in war, 
 even againft the Company. 
 
 And laftly, for fear thele rcafons fhould fail them, 
 then comes a fourth ; which is, that fuppofe 1 have a 
 right, that even then I have no remedy in England, 
 but muft refort to the court of the Mayor of Calcut- 
 ta, or to the courts of the Emperor at Delhi, or the 
 court of the Nabob. 
 
 As to the firft, it may be proper to obferve, that, 
 upon the original foundation of the Mogul Empire, 
 all the lands, like thofe in England, were in the 
 crown, who granted the rents, in the nature of fee- 
 farm rents in England ': Thefe lands were, and now 
 are, called Calfa Lands, or lands belonging to the 
 crown ; the rents whereof were, for feveral years, 
 received by officers appointed within the provinces by 
 the Emperor for that purpoie ; and the Nabobs, who 
 were then Viceroys to the Mogul, had pcnfions af- 
 C 4 figned
 
 . , . 
 
 figned them to maintain their courts, and fupport 
 their governments : But, for a great number of years 
 paft, that method has been changed, and inftead of 
 penfions, the Emperors allotted to the Nabobs large 
 quantities of land within the provinces, to be difpofed 
 of and managed for their own benefit ; and thefe 
 lands were, and now are, called Jaghire Lands, and 
 for which no taxes are paid : And as to the reft of the 
 lands within the provinces, the Nabobs farmed the 
 fame of the Mogul at a certain yearly fum. 
 
 This alteration being received into the Mogul go- 
 vernment, it became immaterial to the Mogul what 
 the Nabobs did with the rents,; the yearly ium ftipu- 
 Jated was all he expected, and that they were obliged 
 to pay ; fo that all the rents, and alib the lands that 
 produced them, were, under the power of the Na- 
 hobs, who might and did difpofe of them as they 
 thought fit, and out of them conferred favours on 
 whom they pleafed. The Nabobs granted zeminda- 
 j-ies or Icafes of all the lands from time to time at their 
 pleafure, or as occafion required ; and in this ftate the 
 conftitution and ufage of the Mogul Empire flood at 
 the death of Aurengzebe. 
 
 After the death of Aurengzebe, the Nabobs began 
 lo affume fovereign authority, and the. invafion of the 
 Perilans, before taken notice of, rendered that fove- 
 j-eignty abfolute ; and the Nabobs do now, and have 
 for many years, exercifed all thole fovereign rights, 
 regarding the lands and revenues of the provinces, 
 which the Mogul Emperors ever had. 
 
 It is under the authority of the Nabob, the Com- 
 pany now hold their zemindary in the lands fubjedt to 
 my jaghire; it is under the fame authority, they now 
 hold by treaty with the Nabob Coffin Cawn large 
 diftrifts of country, producing near 6oo,cool. a year 
 to them, without paying any rent at all, notwith- 
 ilanding thole lands arc calla or imperial lands, and 
 would, in cafe the original conftitution of the Mogul 
 Empire exifted, be fubjcft to the payment of the an- 
 tiesst referved rents to the Great Mogul, to a very 
 large amount; it is well known that there are numbers 
 ^f jaghires in the province of Bengal, granted by for-
 
 mer Nabobs, that have fubfifted for feveral genera- 
 tions. 
 
 Yet as to my iaghirc, they now at once alledge it 
 was an illegal aft in Meer Jaffier, and at the lame 
 time admit that the Company are in the enjoyment, 
 of all the lands granted to them by the Nabob Cof- 
 fin Cawn, without paying or being fubjeft to any 
 rent at all ; and that the grant from Coffin Cawn 
 to them, both of the lands and ancient rents, is valid 
 and effectual : this feems a contradiction not eafily 
 to be reconciled. But for a moment, let us fuppole 
 that the fears the Company entertained at that inftant 
 of being accountable to the Great Mogul, might 
 have obfcured the light which the comparifon of 
 things alone would have difcovered, and that the Mo- 
 gul mould hereafter recover the ancient dominion of 
 .his empire; it-nwft then be obferved, that the an- 
 nual tribute 'ftipulated to be paid by the Nabob on 
 his confirmation, is in fa ft the fame annual fum for- 
 merly referved and paid by the Nabobs for the farm 
 of the rents and lands within the provinces. Can it 
 then be fuppofed that the Mogul would require both 
 the revenues of the lands, and alfo the annual fum 
 ftipulated to be paid by the Nabob, in lieu of thofe 
 revenues ? It might, with fome degree of probability, 
 have been faid, that he might, according to the con- 
 ftitution of the empire, call the Nabobs, who might 
 then be confidered as his Viceroys, to an account for 
 all the annual tribute remaining due from them : But 
 to fay the Company would be aniwcrable to the Mo- 
 gul for the rents paid by them to me, is an incon- 
 fiftency equal to the former, and not to be recor.riled 
 to reafon or the nature of things : and even to fnr- 
 nifh themfelves with this pretence, bad as it is, they 
 muft have had a very extraordinary forefight ; and 
 I fhould be glad to have been informed of the period 
 iuch a reckoning was likely to take place. 
 
 I have before taken notice of the prefent circum- 
 ftances of the Mogul, and by what means a Prince 
 under his circumftances, or even fuppofing him in as 
 good a iiruation as his predeceflbrs for feveral years 
 paft have been, could recover the dominions of large 
 
 and
 
 [ 2 6 3 
 
 and powerful provinces, which had Jong Ihaken off 
 his authority, I am really at a lofs to gueis. But to 
 remove any doubt the proprietors may entertain con- 
 .cerning the power and dominion of the Great Mogul 
 in Bengal, or the fovereign authority of the Nabob 
 I will repeat the account given by your Directors of 
 thofe meafurcs under their hands to his Majefty, in 
 the year 1762, in a memorial prefented by them re- 
 lative to the tranialions with the Dutch, which ac- 
 count is in the following words : 
 
 " By the antient conititution of the Mogul Empire, 
 <f of which theprovinces^of Bengal, Bahar and Orixa, 
 " are a part, the Nabob OP Soubah of thofe provinces 
 *' was nothing more than the Mogul's Viceroy, yet, 
 * ! for many years paft, as the ftrength of that con- 
 *' ftitution has been gradually declining, the Sou- 
 i( bahs of thefe and other provinces have been in 
 " like gradation ail'uming an independance of the 
 " Court of Delhi, and the fhock which the empire 
 41 received, or rather the fubverlion of it, for it has 
 " never recovered, nor probably ever will, from the 
 " irruption of the Perfians under Nadir Shah, ha$ 
 " fo far confirmed that independance, that the rela- 
 " tion between the Nabob and the Mogul, is at pre- 
 *' fent little more than nominal. The Nabob makes 
 tc war or peace without the privity of the Mogul, 
 *' though there appear ftill fomc remains of the old 
 " conftitution in the fucceflion to the Nabobfhip, yet, 
 in facl that fucceffion is never regulated by the 
 Mogul's appointment, tho' the peribn in poiTef- 
 iloa is generally defirous of fortifying a difputed 
 title by tlie Mogul's confirmation, which the court 
 of Delhi, confcious of its inability to interpofe, 
 more fubftantially, and defirous of retaining an 
 appearance of fuperiority, readily grants. The 
 Nabob of Bengal is therefore de fafto^ whatever 
 he may be de jure, a fovereign prince, or at worft, 
 not a Viceroy, but a tributary to the Mogul : there 
 being foine kind of tribute ftill confidered as due, 
 from thefe provinces to the Mogul, though it 
 rarely, if ever, finds its way to Delhi. It appears 
 
 by
 
 r *? ] 
 
 *' by the Director's letters, that the Dutch, as well 
 t( as we, confkler him in this light.'* 
 
 I muft obicrvc, that the Dutch, in order to give 
 Tome colour tor their complaints againft the Company, 
 made ule of the follow ing allegation, viz. " The Mo- 
 gul is fovcrcign of the country, and we derive 
 from him, under repeated phirmaunds, a right to 
 a free navigation from thence toother places; and 
 this right we cannot be deprived of, without 
 infringing the phirmaunds of the Great Mogul, 
 which the Nabob, who is only governor of a pro- 
 vince, is not authorized to do." 
 And it was in anfwer to this allegation the decla- 
 ration abovementione'd was made by your Directors, 
 who now find rhemfelves under the fatal necefiity, on 
 behalf of the Company, of making ule of the lams 
 rcaibns for justifying their conduct' towards me, as 
 the Dutch made ule of to juilify theirs towards the 
 .Company. 
 
 A 3 to the 2<J reafon afugned by your Directors, it 
 might, perhaps, have been well for the proprietors, 
 had it never been in their power to have employed it. 
 But as it is affigned as luch, I will anfwer it as 1 would 
 have done, at the time it was offered by them, with- 
 out any regard to what has happened, lince that niay 
 have deprived them of the uie they at firft propofed 
 from it. 
 
 There are numbers of inftances of Jaghires now 
 fcbiifting, that have been granted by former Nabobs ; 
 there are many, even on the Company's own land.;, 
 of which the Directors might have been informed by 
 the proper officer appointed for iurveying thole lands, 
 who is now in England; and they might alfo have 
 been informed, that there were many Jaghires 
 granted by the Nabobs Su rajah Dowla and Mcer Jaf- 
 iier alfoexifting. But enquiry here, feemed not nc- 
 cellary ; the Directors at once boldly affirm, my Jag- 
 hire to be determined by the removal of Meer Jaifict 
 from the throne, fince the grant did not, as they al- 
 ledge, bind his iV.cceflbr ; without the leafl confid?- 
 ration of the natural inference iuch an aiTertion might 
 produce. 
 
 I have
 
 [ *8 J 
 
 I 'iave before taken notice, that his Majefty's arms, 
 and thofe of the Company, by the revolution b: ought 
 about whilil I was the Commander in Chief, acquired 
 the great power and influence the Company enjoyed 
 in Bengal, when I left that country ; and that that 
 power after I came away, was made ufe of to tlepofe 
 the Prince who fat on the throne whilft I was there, 
 and, to eftablifh Mahomed Coffin Cawn in his ftead. 
 It is under thefe circumftances, that the Directors 
 maks ufe of the ad reafon. Now to give that reafon 
 its utmoft latitude, it can amount to no more than an 
 adraiffion from the Company, that I had once a good 
 right to require from them the payment of my Jag- 
 hire : but that this right is now defeated by a iubtc- 
 quent aft, entirely effected by their own agents abroad. 
 The weight and jaftice of this argument J leave to 
 your confederations. 
 
 Before I quit this head, I muft beg leave to take 
 notice of the forms agreed on between the Company, 
 and Mahomed Cotlin Cawn, which may be feen in the 
 Appendix, and by which it will appear, that Meer 
 Jaffier was to remain Nabob to all purpofes, except 
 the executive part of the government, which was to be 
 the province of the new Nabob. This being the bafis 
 of that revolution, if it may be fo called, it will ap- 
 pear, that the Nabob, Meer Jaffier ftjll remained Na- 
 bob of Bengal; and it is well known, that he did till 
 lately, refide at the Company's faftory, at Calcutta, 
 in princely ftate; and even fuppofing my Jaghire to be 
 good no longer than the reign of the perfon who 
 granted it, it would be ftill lubfifting. However, 
 your Directors do now in efFeft declare, that they will 
 retain my Jaghire for the benefit of the Great Mogul 
 (who would certainly be glad to receive it, as Coffin 
 Ally would readily give any directions touching that 
 matter the Directors think proper to fuggeft to him) 
 and that, in prejudice to me and their country ; though 
 they at the fame time are influenced to retain the rents 
 of the lands granted to them, not only by Coffin Cawn, 
 but alfo by the Nabob Meer Jaffier, in prejudice to the 
 
 *. -Treat Mogul. 
 
 As
 
 As to the 3d reafon ; here I muft beg leave to ol>- 
 fervc, that the titles of honour ufed in Europe, are un- 
 known to the Indians; their titles of honour are 
 cfiftinguifhed only by a number of Azaras, or one 
 thouiand, from two to ten thoufand horfe, which is 
 the higheft, and was the title of the fan of the Great 
 Mogul: the number of fix thoufand exprefles .the dig- 
 nity of an Omrah, but not any lefs number; and the 
 equipage of the perfon on whom fuch honours are be- 
 llowed, are proportioned by the ufage of the country 
 to his rank. Hence it will appear, that of neceffify, 
 no perfon can be ennobled in India, unlefs the rank 
 and number he is appointed to, be expreffed in the 
 patent; and this is a mere compliment, which does 
 not lay any obligation on the part of the perfon receiv- 
 ing luch honour, to render to the Mogul any fervices 
 whatfoever; and to affirm the contrary, it muft be 
 prefumed that the Nabob, in the prefent cafe, applied 
 to the Mogul to take me into his fervice : who, in, 
 iuch fervice, might (if the Emperor meant to recover 
 the ancient dominion of his empire, or the payment 
 of his annual ttibute) be employed againft the ftabob 
 himfelf, if military fervices were to be rendered to the 
 Mogul; which would he an ablurdity to fuppofe. 
 
 But the true intent of the honour, was no more 
 than a perfonal favour to me, and to give me rank 
 amongft the Princes and great men of that country ; 
 and may have been of fervice to you in my negocia- 
 tions and tranfa&ions with them. Monfieur Dupliex, 
 the commander in chief of the French forces in India, 
 obtained a title of honour, inferior to mine, and had 
 feveral Jaghires granted him by the Nabob of the Dc- 
 can in lands, ceded to the French Company, which lie 
 enjoyed for feveral years after he returned to Europe, 
 and indeed until the lands, upon which the Jaghirt s 
 were granted, were taken from the Frer;ch. And 
 Monfieur Dupleix confidered his title of honour, as 
 an advantage to the French in thofe p?rts. 
 
 As to the 4th reafon, it is well known, was I ob- 
 liged to purfue my remedy in tlie Mayor's Court, that 
 the judges of that court are dependants upon the C'om- 
 [>any ; the appeal lies to their prefuient a PA! counc 1,
 
 C 'So ] 
 
 naythepcrfon employed on uiy behalf, muft be de- 
 pendant on the Company. As to my refortingto the 
 courts of the Emperor or the Nabob, no mandate or 
 procefs from any fuch courts could be in forced againft 
 the Company; and were thefe realons to prevail, 
 every avenue to juftice would be blocked up, and I 
 fliould enjoy the fatisfa&ion in my own mind, of hav- 
 ing a right to what I now demand, without any reme- 
 dy to obtain it. 
 
 I fhall end this memorial with, fome obfervations oh 
 the Company's affairs, at the time the lofs of their 
 pofteffions in Bengal happened, and the regaining thofe 
 pofleffions, with all their prcient great advantages. 
 
 When the news of the misfortunes in Bengal firfl 
 reached Madrafs, the whole town was flung into a 
 confirmation, equal to that of the Court of Direc-- 
 tors, when the tirft advices of it were brought to 
 England. I leave it to Mr. Payne, who was then at 
 the ,head of the Direction, to defer! be what he and 
 others fuffered from their appreheniions for the Com- 
 pany. Indeed it is the general opinion, that nothing 
 but the fudden advice of the recovery of that va- 
 luable fettlemerit, which followed fo clofe upon the 
 news of its lofs, could have prevented the Company's 
 linking under fuch a misfortune. 
 
 It was the unanimous opinion of the Governor 
 and Council of Madrafs, that the Company could 
 not exift without their poffeflions in Bengal. The 
 coaft of Coromanded was a burthen to them ; inftead 
 of defraying the Company's expences, out of the 
 profits of its trade, it lu.d incurred a de!->t of near 
 half a million. Bombay and the Weil Coail (free 1 
 from all diilurbances) fcarce paid their expences ; fo 
 that there remained only a few fliips to China, for 
 the Company's lupport. Thefe confulerations, and a 
 thorough perfuafion that the Company muft fall, if 
 Bengal was not recovered, induced the Governor and 
 Council of Madrafs, to fend fuch a force as might 
 anfwer that purpofe : I was the perfon fixed upon to 
 execute their defigns ; and as the force ient was more 
 than could be fpared, coniiftcnt with the lafcty of the 
 Company's poileflions on the coail of Coromaadcl, 
 
 at
 
 [ 3i J 
 
 at that critical time (being juft at the eve of a w*r 
 with France) they invefted me with a power, inde- 
 pendant of the Governor and Council of Fprt Wil- 
 liam, that when the Company were re-inftated irt 
 their poileffions, they might be able to recall Inch part 
 of the forces under my command, as might be thought 
 contingent with the Company's intereft, in other parts 
 of India. 
 
 As foon as the fufferers of Bengal were reftored to 
 their habitations, by the re-taking of Calcutta, and 
 to peace, by the defeating of Surajah Dowla, they 
 called upon me to give up that independant power, 
 >vhich the Governor and Council of Madrafs had 
 thought proper to intruft me with, which demand I 
 could not comply with, without being guilty of a 
 breach of truft. 
 
 This circumftance laid me under many difficulties, 
 both with the gentlemen of Bengal and Madrafs. The 
 Governor and Council of the latter had fent me poii- 
 tive orders to return with a part of the forces under 
 my command, after the capture of Charnagore, and 
 not knowing the caule, could not account for my dif- 
 obedience ; the many dreadful confequences to which 
 1 expofed myfelf, in cafe of a mifcarriage, did not cf- 
 cape my refie&ion. I was under thele difficulties, 
 when we began our march to dethrone Surajah 
 Dowla. 
 
 Mr. Watts had fettled every thing with Meer Jaf- 
 fier, and the other great officers of llate, who had all 
 engaged in the moft folemn manner, to declare them- 
 lelves, and join us with a large force, before we came 
 to a&ion. We marched within twenty miles of the 
 Soubah's army, and then halted, to receive intelli- 
 gence of the motions and intentions of our friends- j 
 when to our groat fur prize, Meer JalHcr gave us no 
 hopes of his being able to join us, but exprelled great 
 apprehenfions of his and our letters being intercepted, 
 and himfelf being put to death. I wrote repeatedly 
 to him, to inlift upon his performing his engager; 
 and to join us, if it was only with 500 men. This 
 liad no effeft ; I then called a council of war, and put 
 the queition, Whether with our o\vn forces alone, anJ 
 
 without
 
 t 3* 1 
 
 without the profpeft of affiftance from Meer Jaffier, 
 we fhould march, and give the Nabob battle, and it 
 palled in the negative. After this, I received a letter 
 from Meer Jaffier, that the Nabob fufpecting his de- 
 figns, had made him fwcar on the Koran, that he 
 would not fight againft him, and that he could not 
 give us his affiftance. Let the Proprietors paint to 
 themfelves what I muft have fuffered, under fuch a 
 complication of diftreflecl circumftances ; and let the 
 Directors remember, that under all thefe difadvanta- 
 ges, I took upon me to march, and the Englilh arms 
 alone gained the battle of Plafiey. It is true, the 
 Directors, in their firft rlo\V of gratitude, conferred 
 upon me atr 'honour, I believe, never paid to any 
 other before, or fince, by addrefiing a letter of thanks 
 to me alone, figned by the whole court ; and that I 
 might be convinced of the Sincerity of their fenti- 
 inents, they fent no lefs than fix or eight of them, 
 which I have in my poffeffion. But as length of time, 
 and circumftances, feem to have produced another way 
 of thinking in thefe gentlemen, I hope the Proprie- 
 tors will excufe me, if I affert, for the laft time, that 
 by the great acquifitions of wealth obtained by this 
 event, and by the large fums of money paid into 
 their cafh, for bills, the Company were enabled to 
 fupply every exigence, and anfwer the demands of 
 every fettlement in India, during the whole, courfe of 
 the war. To Madrafs alone, was fent upwards of 
 300,000 /. which muft inevitably have fallen, without 
 iuch afliftance; and with that place, all India. The 
 Company who ufed to fend to India leveral hunched 
 thoufand pounds a year, in bullion, were relieved 
 from that difficulty ; which, at fuch a juncture, they 
 never could have furmounted ; and from February 
 1758, the time they received the advice of our fuc- 
 ccfs, to this day, they have fent very little to the 
 coaft, and ftill lefs to Bengal ; fo that this alone has 
 been a laving to the nation of Ibme millions fterling. 
 The lands ceded to the Company by Colfin Cawn. 
 and all t'rte advantages gained by the depotition of" 
 Meer JaiFicr, muft appear as much a confequence of 
 the battle of Plafley, as the advantages which were 
 
 gained
 
 [ 33 1 
 
 gained immediately after that viftory : the whole 
 amounting to 700,000!. a year, may, at ten years 
 purchafe, be valued at leven millions (led ing; the 
 reilitution made to the fufferers of Calcutta, and 
 what was given by Meer Jafficr to the navy, army, 
 and others, may be reckoned at 2,000,000!. fortunes 
 acquired fince, at a moderate computation, 1,500,000!. 
 the Company thcmfclvcs likewile received from Sura- 
 jah Dowla and Mcer Jaffier, 1,500,000!. upon the 
 whole, a clear gain to the nation of twelve millions 
 ftcrling. 
 
 I fhall conclude this fuhjeft with appealing to the 
 Court of Directors, for the truth of thefe facts, and 
 call upon them to declare whether they think without 
 the battle of Plaflcy, and its coniequences, the Eaft 
 India Company would have been at this time exifting? 
 As great numbers of the Proprietors may be unac- 
 quainted with thefe traniaftions, I hope they will ex- 
 cufe the neceflity I have been under, of laying the 
 whole before them, which I fubmit to their confidera- 
 tion, juftice, and candour. 
 
 CLIVE. 
 
 I) APPENDIX.
 
 [ 34 3 
 
 APPENDIX. 
 
 /Meer Jaffier Cawn Bahadr\ /"Rajah Dulubram Bahadr^ 
 I A fervant of the King 
 \Allumgur the Invincible. 
 
 \ /Rajah Dulubram BahadrX 
 I I A fervant of the King J 
 / \Allumgur thelnyinciblc./ 
 
 Treaty executed by Meer Jaffier, (wrote in his own, 
 Hand.) 
 
 T SWEAR by God, and the Prophet of God, to 
 A abide by the terms of this treaty whilft I have life. 
 
 Meer Ma h mud Jaffier Cawn Behadr 
 a Servant of the King 
 
 Treaty made with the Admiral and Colonel Clive 
 Sabutjung Behadr, the other Counfellors Mr. Drake 
 and Mr. Watts. 
 
 i ft. Whatever articles were agreed n in time of 
 peace with the Nabob Surajah Dowla Munfur Ulme- 
 maleck Shah Kully Cawn Behadr Stybut Jung, I 
 agree to and comply with. 
 
 ad. The enemies of the Englifh are my enemies, 
 whether they be Indians or Europeans. 
 
 3d. All the effels and factories belonging to the 
 French in the provinces of Bengal (the Paradife of 
 nations) and Bahar and Orixa, fhall remain in the 
 poffefiion of the Englifh ; nor will I ever allow them 
 any more to fettle in the three provinces. 
 
 4th. In coniideration of the loffes which the Englifh 
 Company have fuftained by the capture and plunder 
 of Calcutta by the Nabob, and the charges occafioned 
 by the maintenance of their forces, I will give them 
 one crpre of rupees. 
 
 5th. For the effe&s plundered from the Englifli 
 inhabitants of Calcutta, I agree to give fifty lacks of 
 rupees. 
 
 6th. For
 
 f 35 1 
 
 Gth. For the effe&s plundered from the Gentoos.i 
 MufTulmen, and others, Tub] efts of Calcutta, twenty- 
 five lacks of rupees fhall be given. 
 
 7th. For the effefts plundered from the Armenian 
 inhabitants of Calcutta I will give the fum of feven 
 lacks of rupees. The diftribution of the fums allot- 
 ted the natives, Englifh. inhabitants, Gentoos, and 
 Muflulmen, fhall be left to the Admiral and Colonel 
 Clive Sabut Jung Behadr, and the reft of the council, 
 to be difpofed of by them to whom they think proper. 
 
 8th. Within the Ditch which furrounds the borders 
 of Calcutta are trafts of land, belonging to feveral 
 Zemindars ; befides this I will grant the Englifh 
 Company fix hundred yards without the ditch. 
 
 9th. All the lands lying to the.fouth of Calcutta, 
 as far as Culpee, fhall be under the Zemindary of 
 the Englifh Company ; and all the officers of thofc 
 parts fhall be under their jurifdiftion ; the revenues 
 to be paid by them (the Company) in the manner 
 with other Zemindars. 
 
 loth. Whenever I demand the Englifh. afiaftance, 
 I will be at the charge of the maintenance of their 
 troops. 
 
 nth. I will not ereft any new fortifications below 
 Hughly, near the river Ganges. 
 
 1 2th. As foon as I am eftablifhed in the govern- 
 ment of the three provinces, the aforefaid fums fhall 
 be faithfully paid. 
 
 Dated 1 5th Ramfan, in the fourth year of the- 
 reign. 
 
 TranJJation of the Sun nod granted to Col. Clive. 
 
 1758. 
 
 HIS MAJESTY, 
 
 /"\N Saturday the I2th of Rebbeafame, in the fourth 
 ^ of the glorious and happy reign, and the 1171 
 year of the Hedgeree, in the KefTallaof the Gloi*y of 
 the Nobility, and Rank of Ameers, the Shrine of 
 Grandeur and Dignity ; inftrudled both in the ways 
 of Devotion and Wealth, to whom the true Glory of 
 D 2 Religion
 
 [ 3 J 
 
 Religion and Kingdoms is known ; the Bearer of the 
 Lance of Fortitude and Refpeft, the Embroiderer of 
 the Carpet of Magnificence and Greatnefs, the Sup- 
 port of the Empire and its Dependencies, to whom it 
 is intrufted to govern and aggrandize the Empire, 
 and Conductor of Vi&ory in the Battles fought for 
 the Dominion of the World; the Diftributer of Life 
 in the Councils of State, to whom the moil fecret 
 Recefies of the Myfleries of Government are difco- 
 verod ; the Mailer of the Arts of Penetration and 
 Circumfpe&ion, the Brightnefs of the Mirrour of 
 Truth and Fidelity, the Light of the Torch of 
 Sincerity and Integrity, who is admitted to, and con- 
 tributes to, the Determinations of the Royal Coun- 
 cils ; a Participator of the Secrets of the Penetralia, 
 of Frieadfhip, who prefides equally over the Sword 
 and Pen ; Moderator of the Affairs of the Earth, 
 Chief of the Cawns of the moil exalted rank, the 
 Pillar of Ameers of the greateft Splendor; the Trull 
 of the zealous Champions of the Faith, the Glory of 
 Horfes in the Fields of War, and Adminiftrators of 
 the affairs of the immoveable Empire ; Counfellor of 
 enlightened Wifdom and exalted Dignity, adorned 
 with Friendfhip and Honours, endowed with Dignity 
 and Discretion. Pillar of the Dominions of Solomon, 
 the Diilributor of Glory, Buxey of the Empire, 
 Ameer of Ameers, Hero of the fempire, Tiger of 
 
 -the Country, Mahmud Ahmeed Cawn, the "brave 
 Tiger of War, the Commander in Chief of the Forces 
 
 glorious by Victory ; the Tiger of Hind, mighty in 
 Battle. 
 
 And in the time of the Waga Magarree of the 
 leail of the domeftics of the Court of Glory and 
 Majefty Sookaab. 
 
 This was written, the command (above) waspaffed, 
 that Colonel Ciive, an European, be favoured with a 
 Munfub of the rank of 6000 arid 5000 horfe, and 
 the title of " Flower of the Empire, Defender of the 
 " Country, the Bravo firm in War." This was 
 entered the loth day of Rebbeafame, in the 4th year, 
 according to the original Yaddaft. 
 
 To
 
 [ 37 3 
 R O M of the SIGNING. 
 
 :o the Glory of Nobility, and Rank of Ameers, the Shrine 6 f 
 fcrandeur, Dignitv inftrufted, &c; Be it entered ih the Waka; 
 
 6000 Rank - - 
 5005 Horfe - - 
 
 After the man- 
 ner of the 
 Waka, it is 
 concluded. 
 
 Written on the Day above-mentioned of the fame Moon, of tl.e 
 glorious happy Reign. 
 
 si Is 
 
 Sil.!? 
 
 171. The Servant of Allumgeer,/ 
 
 the Warlike King, vvhofc Glory is e- 
 
 qual tp that of Jumfhad, mighty in 
 
 War, the Flower of the Country, 
 
 ChicC of the Forces, the Glory 
 
 of Viftory, the Tiger of Hind, 
 
 Mahmud Ahmeed Cawn, 
 
 the brave Tiger of War, 
 
 Buxey of the Empire, 
 
 Ameer of Ameers, 
 
 the Tiger of the 
 
 Country, 
 
 Sun 4. 
 
 otp'ui 'a 
 MI 'OOL 
 
 uKg caqqa^ jo 
 s^u^nQ 3i{a ui 93.101113 
 
 it^A MJ* 
 
 i IpS Z 3t{J 
 
 Isftl 
 
 S.S, 
 
 NUMB, 
 
 354701
 
 NUMBER III. 
 
 1758. 
 
 Tranjlatlon of a Perwannab (or Order] from the Nabob 
 Shujah Ulmulk HoiTum o'Dowla Meer Mahmud 
 Jaffier Cawn Bahdr Mohabut Sung, to the Honour- 
 able Prejident and Council. 
 
 "DE it known to the nobleft of Merchants, the 
 Englifli Company, That whereas the Glory of 
 the Nobility, Zubdut Ulmullc Nufleera Dowla Co- 
 lonel Give Subat Jung Behadr, has l>eea honoured 
 with a Munfub (or title) of the rank of 6000 and 
 5000 horfe from the Imperial Court, and has exerted 
 himfelf, in conjunction with me, with the moft 
 fteady attachment, and in the moft ftrenuous man- 
 ner, in the protection of the imperial territories ; in 
 recompence thereof, the Pergana ( or county ) of 
 Calcutta, &c. belonging to the Chuta (or jurifdic- 
 tion of Hughley, &x. of the Sircar Sauntgaum, &c. 
 (or treafury) dependant on the Calfa Shereefa and 
 Jagueer, amounting to two hundred and twenty - 
 tvv r o thoufand nine hundred and fifty-eight Sa. Rs. and 
 (bmething more, conferred by the Dewannee Sunnud 
 (or King's Lord Treafurer of the province) on the 
 Englifli Company, as their Zemindarrie, commencing 
 from the month Poos, (or December) in the eleven 
 hundred and lixty- fourth year of the Bengal ftyle, 
 from the half of the feaibn Rabbee Soofcanneel, in 
 the eleven hundred and fixty-fifth year of the Bengal 
 ftyle, is appointed the Jagueer of the glory of the 
 nobility aforciaid. It behoves you to look upon the 
 abovewritten perfon as the lawful Jagueerda (or Lord) 
 of that place; nnd in the fame manner as you for- 
 merly delivered in the due rents of the government, 
 according to the Kifsbundee, (or written agreement) 
 into the treafury of the court, and the Jagueer taking 
 a receipt under the feal of the Drogha (or Receiver- 
 general) and Mulhrccf, and Treasurer; now ia like 
 
 , manner
 
 C 39 ] 
 
 manner you are regularly to deliver to the above- 
 mentioned Jagueerdar the rents, according to the 
 ftated payments, and receive a receipt from the 
 aforefaid perfon. Be punctual in the ftrift execution 
 of this writing. Written the rirft of Zeckaida 6d. 
 fun (or year) of the reign. 
 
 It is paHed. (The Nabob's mark.) 
 
 N. B. Enrlorfemcnts. 
 (The Ro'yran's iigning.) 
 
 D H 
 
 Copied in the books of entered in the books of th 
 Huzzoor, the Dewannee,the ift of the i ft of the 
 Mohurtum, the 6th fun (or year) of the reign, 
 the Mohurrumj the 6th of the reign, 
 
 N. B. 
 
 Signed by the Dewannee 
 Pefhker, or Accomptant 
 Secretary. N. B. 
 
 Signed by the Nabob Nloon. 
 
 Explanation of the Terms ufed in Colonel Clive'8 Per- 
 wannah for his Jagueer. 
 
 Perwannah, A warrant, or a letter from any perfon 
 in a fuperior ftation to a dependant. 
 
 Munfub^ A dignity. 
 
 Calfa Shereef, The office in which all the King's 
 accounts are pafled. 
 
 Jagueer, Lands affigned by the King for the main- 
 tenance of a Munfubdar, or contradiftin&ion to the 
 Calix. It fignifies the revenues appropriated to the 
 ufe of the Subahdre and his family. 
 
 Dewannee, The Dewan is the King's agent for tue 
 collection of his revenues. 
 
 Rebbee. The year in all public regiftcrs is divided 
 into two feafons, the one called Kherief, which com- 
 prehends the months of Aflin, Cartie, Aghun, Poos, 
 Maug, Phagum ; the other Cheif, Byfaac, Inr, AfTar, 
 Sawun, Bhadun. The latter half of the feafon Relba 
 D 4 commences
 
 [ 40 ] 
 
 commences ift of the Month Attar, on the rath of 
 June, from which time the Jaguecrtakts place. 
 
 Kifsbundee, A contract from the acquittance of a 
 debt by flated payments. 
 
 Huzzoor, Literally the prefence, applied by way of 
 eminence to the Nabob's court. 
 
 Hojkanecl, I -have not had time to inform myfelf of 
 the exact meaning of this word, but believe it to be 
 the name of theprefent year, the regifters of this em- 
 pire accounting a perpetual revolution of twelve 
 years, each of which is differently named. 
 
 A LETTER to ROBERT CLIVE, Efq; 
 
 S I R, 
 
 /"\UR moflferious attention has been devoted to the 
 ^-^ commands of our Honourable Employers per 
 Hardwick, naming a rotation of Governors for the 
 future management of their affairs at this fettlement ; 
 and having duly weighed the nature of this regula- 
 tion, with all its attending coniequences, a fincere 
 conviction of its being, in our prefent iituation and 
 circumftances, repugnant to the true intereft of our 
 Honourable Mailers, and the welfare of the fettle- 
 ment in general, obliges us (though with the utnroft 
 relpect and deference) to believe, that had our em- 
 ployers been apprized of the prefent (late of their af- 
 fairs in this kingdom, they would have placed the pre- 
 fidentlhip in fome one perfcn, as the cleareft and 
 eaiieft method of conducting their concerns, as well 
 as preferring and maintaining the weight and influence 
 the late happy revolution has given us with the Soubah 
 of thefe provinces; on which influence, at the pre- 
 fent period, the intereft and welfare of the Company 
 depends in the higheft degree at this fettlement. The 
 difficulties we may be liable to by a rotation in the 
 executive part of government, with its coniequences, 
 are fufficiently obvious in our prefent ftate of affairs : 
 we will, however mention, only a few points. The 
 treaty with the Nabob not perfected in all its bran- 
 ches ; the pofTeflions of the lands incompleat ; the 
 
 let-
 
 [ 4 J 
 
 fettlements in no pofture of defence; the French con- 
 fidcrably reinforced with military and a fleet ; their 
 defigns with relpect to Bengal hitherto unknown; and 
 the impoffibility of imprefling a proper idea of this 
 divided power in the minds of the Soubah and others 
 of this kingdom, who have at all times been accuf- 
 tomed to the government of a fingle perfon. A little 
 reflection will introduce many more, and clearly evince 
 the neceflity of this addrefs. 
 
 The gentlemen nominated Governors, in the Hon. 
 Company's commands ^*r Hard wick, have the higheft 
 fenfe of gratitude for the honour conferred on them 
 by our Employers in their appointment, but deem 
 themfelves in duty bound, at this juncture of affairs, 
 to wave all perfonal honours and advantages ; and de- 
 clare, as their fen timent, That a rotation in the exe- 
 cutive part of government, for the foregoing reafons, 
 would be extremely prejudicial to the real intereft of 
 the Company; in which opinion we unanimoxvfly 
 concur, and judge it for the welfare of our Honoura- 
 ble Employers, and of the fettlemcnt in general, to 
 deviate in this inftance from the commands of our 
 Honourable Matters, and fix the Prefidentfhip in a fm- 
 gle perfon, till we hear further from Europe. 
 
 Your being named as head of the General Com- 
 mittee (in the letter of the third of Auguft laft) 
 eftablifhed at that time for conducting the Company's 
 affairs in Bengal ; your eminent fervices, abilities, 
 and merit, together with your fuperior weight and in- 
 fluence with the prelent Soubah and his officers, are 
 motives which have great force with us on this occa- 
 lion, and all concur in pointing out you as the per foil 
 beft able to render our Honourable Employers neceflary 
 ferviceat this juncture, till they ihall make their fur- 
 ther pleafure known, by the appointment of a Prcf i- 
 dent for their affairs here. 
 
 Thete reafons urge us to make you an offer of be- 
 ing Prefident of the Company's affairs in Bengal, till 
 a perfon is appointed by the Honourable Company ; 
 and we flatter ourfelves you will be induced to accept 
 of our offer, from your wonted regard to the intereft 
 of our Honourable Employers, and zeal for the wel- 
 fare
 
 [ 4* ] 
 
 Fare of their affairs, which, we doubt not, you arc,* 
 as well as ourfelves, convinced will be much preju- 
 diced by a rotation in the executive part of govern- 
 ment. 
 
 We want your reply, and have the honour to be,- 
 
 SIR, 
 
 Your moft obedient 
 
 and moil humble Servants, 
 
 Wm. Watts; 
 
 Fort lyilliam.) C. Manningham; 
 
 26th June, 1758. Rich.'Becher. 
 
 M. Coliett. 
 W. Mackett. 
 Tho. Boddam* 
 
 Minutes out of the Court Books of the Eaft India 
 Company. 
 
 AT a Court of Direftors held, on Wednefday, 
 February 6, 1754, minutes of the Committee of 
 correfpondence, dated the 5th inftant, being read, it 
 Was unanimouily 
 
 Refolved, That a fvvord let with diamonds, to the 
 %alue of 500!. be prefented by the court to Captain 
 Robert Clive, as a token of their eftecm for him, and 
 fenfe of his lingular fervices to the Company upon the 
 coaft of Coromandel. 
 
 At a general court held on Wednefday, December 
 21, 1757, on a motion, and the queftion being put, 
 it was 
 
 Refolved* That the thanks of the general court he 
 given to Lieutenant Colonel Robert Clive, for his 
 eminent and fignal fervices to this Company. 
 
 At a general court held on Wedneldav, Sep-. 24,' 
 1760, the chairman from the Court of Directors in- 
 formed this court, that fuch important fervices had 
 been rendered to the Company in the Eaft Indies by 
 Vice-Admiral Pocock, and the Colonels Clive and 
 Lawrence, as appeared from the accounts formerly 
 laid before this court, and lately received, to demand 
 foine farther marks of the Couri's fcnfe thereof 
 
 tlian
 
 t 43 ] 
 
 than had been already expreffed ; and moving the 
 Court thereupon, it was on the queftion 
 
 Rejolved unanimonJJy, That the thanks of this Court 
 be given to Vice- Admiral Pocock, Colonel Robert 
 Clive, and Colonel Stringer Lawrence, for their 
 many eminent and fignal fervices to this Company. 
 
 And another motion being made, 
 
 Ordered, That the Chairman, and Deputy Chair- 
 man, wait upon thole Gentlemen, and acquaint 
 them with this mark of this Court's great regard for 
 their fervices. 
 
 And another being made, it was on the queftion 
 
 Refolved unanimoujly. That the Chairman and De- 
 puty, when they wait, upon Vice- Admiral Pocock, 
 Colonel Clive, and Colonel Lawrence, will defire 
 thofe Gentlemen to give their confent that their Por- 
 traits and Statues, be taken, in order to be placed in 
 fome confpicuous parts of this Houfe; that their 
 eminent and fignal fervices to this Company, may 
 be ever had in remembrance. 
 
 NUMBER I. 
 
 opy ef the Company s Letter to Colonel CtivE, dated 
 March 8, 1 758. 
 
 S i R, 
 
 OUR fentiments of gratitude for the many great 
 fervices you have rendered to this Company, to- 
 gether with the thanks of the General Court, have 
 been hitherto conveyed thro' the channel of our ge- 
 neral letters, but the late extraordinary and unex- 
 pected revolution in Bengal, in which you had fo 
 great a fhare of ation, both in the Cabinet and the 
 Field, merits our more particular regard ; and we do 
 accordingly embrace this opportunity of returning 
 you our moft fincere and hearty thanks for the zeal, 
 good conduft, and intrepidity, which you have fo 
 eminently exerted on this glorious occaiion, as well 
 as for the great and foliJ advantages refulting there- 
 from to the Eaft India Company. 
 
 We
 
 . [ 44 ] 
 
 We earneftly wifh your health may permit vouf' 
 continuance in India for iuch further term as will 
 give you an opportunity of fecuring the foundation 
 you have laid, as likewife to give you affiftance in 
 putting the Company's Mercantile and Civil affairs 
 on a proper and advantageous footing, upon the plans 
 now tranfmitted. 
 
 For this purpofe, as well as in confederation of your 
 eminent fervices, we have appointed you, Governor 
 md Prefident of Fort William in Bengal, and its de- 
 pendencies, in the manner mentioned in the General 
 Letter by this conveyance ; to which we have an- 
 nexed an additional allowance of one thoufand pounds 
 a year, asateftimony of our great regard for you. 
 
 We are, your loving Friends, 
 London, 
 "March 8, 1758. 
 
 John Dorrien 
 G. Stevens, 
 Charles Chambers, 
 John Brown, 
 M. Weftera, 
 Hen. Hadley, 
 Timothy Tullie, 
 Cha. Gough, - 
 Tho. Saunders, 
 
 John Payne, 
 Lau. Sulivan, 
 J. Raymond, 
 Chrif. Burrow, 
 M. Impey, 
 John Manfhip, 
 Tho. Phipps, 
 John Raymond, 
 Rob. Jones. 
 
 To the Hon. Robert Give, Efq ; 
 
 NUMBER II. 
 
 Company's General Letter to Bengal, dated March 8, 
 1763. 
 
 Paragraph T N O ur Letter of the 3d inftanr, we la- 
 the a 3 d. 1 mentec i tne fixation of the many un- 
 happy people who had loft their property on the cap- 
 ture of Fort William, and had no relief from the 
 concluded with the late Nabob ; in companion 
 
 to 1
 
 I 45 1 
 
 to their fufferings \vc recommended your applying to 
 him on their behalf for relief, if you had the lead 
 probability of fucceeding. It is with great pleafure 
 \ve find, that the late happy revolution and your care, 
 have produced what we had very little reafon to 
 expect from the late Nabob. A grant from the pre- 
 fcnt Nabob of lucli large fums to make good the 
 loffes of the fevcral inhabitants, as we are fetisfied 
 are much more than fufficient to indemnify them, 
 even with intereft thereon. Altho' the Nabob give* 
 the Company a crore of rupees, yet, when the i-m- 
 menie expenceof maintaining the fettlement at Fulta, 
 the military charges .of our troops from Fort St. 
 George and Bombay, and The hazard thofe prefi- 
 clencies have been expoled to by drawing them off 
 from thence, the charges of fortifications and rebuild - 
 ings, re;)lacing {lores, increafe of our garrifon, the 
 lols of a leafon's inveftments, if not more, and many 
 other obvious particulars are taken into the account, 
 it will appear that the Company will ftill be confi- 
 derablc fufferers ; it is highly rcafonable therefore, if 
 the feveral inhabitants are paid out of the money 
 ftipulatcd in the treaty with the Nabob for that pur- 
 pole, the full amount of their refpedtive lories, to- 
 gether with intereft thereon, that all the furplus 
 iliould be applied to the Company's ufe. We fhall 
 expect to hear you have acted in this manner, and 
 that fuch furplus has been accordingly depofited in our 
 raih ; and we direct that you obierve this as a rule 
 for your conduct, in the diftribution of any further 
 fums of money on this account. We do not intend 
 by this to break in upon any fums of money which 
 have been given by the Nabob to particular pericns by 
 way of free gift or gratuity for their ferviccs, it is 
 the furplus of the fums we mean which are agreed to 
 be paid hy the Nabob in the 5th, 6th, and 7th 
 articles of the treaty with him. It it thought proper 
 hero to acquaint you, that fuch furpluiles, whatever 
 they arc, we propofe to expend in fuch manner, ;.s 
 will tend to the general utility and fccuriry of the 
 fettlemcn.t, they are therefore 'to be rcferved for our 
 
 farther
 
 [ 46 ] 
 
 farther orders ; and you are hereby directed to tranf- 
 mit us, for our information, exaft accounts of every 
 perfon's lofs, whether Englifh or other inhabitants, 
 on the late capture of Fort William, and what has 
 been paid to each of them in particular, by way of 
 indemnification for the fame, out of the monies 
 granted by the Nabob for that purpofe. 
 
 Yranjlation of a Treaty between the Nabob Meer Mah- 
 mud Coffin Cawn and the Company. 
 
 /Company's\ / Meer Mahmud \ 
 
 V Seal. / \Coffin Cawn Bahader.,/ 
 
 'TpWO treaties have been written of the fame tenor, 
 ** and reciprocally exchanged, containing the arti- 
 cles undermentioned, between Meer Mahmud Coffin 
 Cawn Bahader, and the Nabob Sheemfo Dowla Baha- 
 der, Governor, and the reft of the Council for the af- 
 fairs of the Englifh Company, and during the life of 
 Meer Mahmud Coffin Cawn Bahader, and the dura- 
 tion of the factories of the Englifh Company in this 
 country, this agreement fhall remain in force. Gop 
 is vyitnefs between us that the following articles fhall 
 in no wife be infringed by either party. 
 
 Article I. The Nabob, Meer Mahmud Jaffier Cawn 
 Bahader, fhall continue in poffcffion of his dignities, 
 and all affairs be tranfacted in his name, and a iuitable 
 income be allowed for his expences. 
 
 Art. II. The Neabut of the Subadarne of Bengal, 
 Azemabad, and CerifTa, &c. fhall be conferred by his 
 excellency (the Nabob) on Meer Mahmud Coffin 
 Cawn Bahader; he fhall be vefled with the admini- 
 ftration of all affairs of the provinces, and, after his 
 excellency, he fhall proceed to the government. 
 
 Art. III. Betwixt us, and Meer Mahmud Coffin 
 Cawn Bahader, a firm friendflup and union is eftab- 
 lifhed; his enemies are our enemies, and his friends 
 ire our friends. 
 
 Art. IV.
 
 [ 47 3 
 
 Art. IV. The Europeans and Talingas of the En- 
 glifh army, fhall be ready to aflift the Nabob Mcer 
 Mahmud Coffin Cawn Bahader, in the management of 
 all affairs; and, in all affairs dependant on him, they 
 fhall exert themfelves to the utmoft of their abilities. 
 
 Art. V. In all charges of the Company, and of the 
 faid army and provinces for the filled, c. the lands of 
 Burdwan and Midnapoor, and Chittagaum fhall be aft 
 fagned, and funnuds for that purpoie fhall be written 
 and granted : the Company is to Hand lp all lolTes, 
 and receive all the profits of theie three countries ; and 
 we will demand no more than the three alignments 
 aforefaid. 
 
 Art. VI. One half the chunams produced at Silet 
 for three years, fhall be purchafed by the Gomaftah 
 of the Company from the people of the government, 
 at the cufiomary rate of that place. The tenants and 
 inhabitants of thpfe diftri&s fhall receive no injury. 
 
 Art. VII. The balance of the former tuneaw fhall 
 be paid according to the kiftbundee agreed upon with 
 the Royroyans; the jewels which have been pledged 
 fhall be received back again. 
 
 Art. VIII. We will not allow the tenants of the 
 Sircan to fettle in the lands of the Englifh Company; 
 neither fhall the tenants of the Company be allowed 
 to fettle in the lands of the Sircan. 
 
 Art. IX. We will give no protection to the depen- 
 dants of the Sircan in the lands, or in the factories of 
 the Company; neither fhall any protection be given to 
 the dependants of the Company in the lands of the Sir- 
 can ; and whofoever fhall fly to either party for refuge 
 fhall be given up. 
 
 Art. X. The meafures for the war or peace with 
 the Shah Zada, and raifing fupplies of money, and 
 concluding both theie points, fhall be weighed in the 
 fcale of reafon, and whatever is judged expedient fhall 
 be put in execution; and it fhall be fo contrived, by 
 the joint counlellors, that he be removed from this 
 country, nor fuffcred to get any footing in it : whether 
 there be peace with the Shah Zada or not, our agree- 
 ments with Meer Mahmud Bahader, we will (by the 
 
 grace
 
 . ( 4 ) 
 
 grace of God) inviolably obferve, as long as the En- 
 glifh Company factories continue in this country. 
 
 Dated the i yth of the month Jeffer, in the year 
 j 1 74 of the Ucjra. 
 
 (Sign manual of Meer Mahmud Coffin Cawn.) 
 This was fealed on the i8th of the month of 
 Jeffer, in the eleven hundredth and 74th year 
 of the Ucjra, an4 the propofals are agreed to. 
 
 Coi/nf elle
 
 [ 49 ] 
 COUNSELLOR *****> s 
 
 LETTER 
 
 TO THE 
 PROPRIETORS of EAST-INDIA STOCK, 
 
 ON THE SUBJECT OF 
 
 LORD CLIVE's JAGHIRE, 
 
 OCCASIONED BY 
 
 The preceding LETTER of his LORDSHIP on 
 that Subjed:, publifhed in the Year 1/64. 
 
 Saturday, April 2$, 1764. 
 
 AS the noble Lord, to whom the fupremc com- 
 mand, civil and military, of your fettlements 
 and armies in Bengal, was lately offered by a refolu- 
 tion of a General Court, has thought fit to infift on 
 certain terms as the conditions of his accepting that 
 appointment ; as you are now called on by an adver- 
 tifement in the news-papers to meet again on Wednef- 
 day next for the purpofe. as it is generally underflood, 
 of confidering and deciding on thole terms, one of 
 which is laid to be your acquiefcence in his Lordfhip's 
 claim to a rent or tribute of 30,0007. a year for lands 
 in the Company's poiTefHon in that province ; as this 
 claim is of a nature not very generally underftood ; 
 as it is neverthelefs of infinite importance to the 
 Company, that it fhould be rightly underftood before 
 ic is determined ; and as it is probable the proceedings 
 of the next General Court, like thole of. the former, 
 will be conduced with-fomuch violence and ditbrder, 
 E by
 
 C 5'] 
 
 byperfons interefted tomiireprefentand miflead, that 
 it will be difficult, perliaps impoffible, to explain it 
 there ; for all thefc realbns, a Proprietor and friend of 
 the Company takes this as a more eligible method of 
 offering you his fentimcnts, the refult, however ha- 
 ftily exprefied, of proper information and of cool and 
 difpaffionate inquiry. 
 
 It will be neceffary to premife, left more fhould be 
 expefted than is intended, that I do not mean to med- 
 dle with any other parts of the letter acldreffed to you 
 by the noble Lord, and publilhed at the eve of the 
 late election, than fuch as relate to this claim ; nor 
 to advert to that letter at all, further than is material 
 to the fubjeft in my own way of confidering it. 
 
 Without further preface' then, which perhaps is 
 not neceiTary ; or, if it be, the time will not allow ; 
 I proceed to the confideration of the feveral quef- 
 tions, into which the fubject feems naturally to re- 
 fblve itfelf. i.The propriety of the noble Lord's 
 conduct abroad in relation to the fubjcct matter of his 
 claim. 2. The validity of his claim. And 3. The 
 probable confequences of your acquiclccnce in it. 
 
 To uraderfland the firft of thole queflions rightly, 
 it is neceffary you fhould have a right notion of the 
 flate of the country, and of the Company's affairs 
 there at that period. 
 
 You will recollect, that Surajah Dowfa, the reign- 
 ing Soubah of Bengal, having plundered your fettle- 
 ments, deftroyed many of your fervants, and driven 
 out the reft from his dominions, to recover thole let- 
 dements and prolecute this war on the part of the 
 Company, a fleet and army was fent from Madrafs. 
 This armament arriving fafely, and its firft opera- 
 tions proving fuccefsful, the Soubah found himfelf 
 conftrained to enter into a treaty, reftoring your fet- 
 tlements, and engaging to reftore or make latisfaftion 
 for the plunder : but his motions indicating an- inten- 
 tion to difregard this treaty, and, as the noble Lord 
 fays, to extirpate the Englifh as foon as the troops 
 and fquadron left the river ; it was judged neceflary to 
 renew the war, and to difarm him of the power of 
 doing further rnilchief. Each lide accordingly re- 
 curred
 
 [ 5' ] 
 
 curred to arms, and after fome operations of little 
 importance, in which the En^lifh wereftill fucccfsful, 
 they obtained at length a decifive victory at Plafiey. 
 
 To whom our thanks were due for thefe fucceffes, 
 'whether the merit, as well as the honour, of that 
 victory is to be wholly afcribcd to the noble Lord, 
 as his zealous friends would perluade us, or what 
 degree of credit is due to the whifpers then very 
 current in India, which have fince found their ^way 
 to Europe, and point our gratitude to other objects, 
 it is foreign to our prcfent purpofe to inquire. Hav- 
 ing no refentments to gratify, nor any fpleen to 
 indulge, I confine my inquiries into the noble Lord's 
 CohjhlA to fuch parts of it only as refpeft the 
 queftion before us.- 
 
 It fuffices then to obferve, that the Englifh arms, 
 and the Englifli arms alone, having obtained this 
 viclory, the Company were now the mailers of 
 Jlengal ; or (to ufe the noble Lord's words) " the 
 Company acquired and had delivered into their hands 
 the abfolute power over the three provinces of Bengal, 
 JSahar, and Orixa, whole ordinary annual revenues 
 produce three-millions and a half" fterling, inlbmuch 
 that they were enabled to let up and eftablifh in the 
 Soubahihip any pcrfon they thought fit." 
 
 In this fituation we are to inquire what ought to 
 have been done, and what was done. 
 
 To fhorten this inquiry, I decline going into a 
 particular dircuifion of the queftion, wliether it wns 
 moft for your intereft to fet up a new Soubah, or 
 retain the Soubahfhip in your own hands : A quef- 
 tion on which fome of the moft able and beft informed 
 of the Company's fervants differ in opinion, each 
 lupporting his own with arguments that clcfcrve more 
 confideration than we have lei lure to afford them. 
 
 It is to be obfervecl however, that the engagement* 
 entered into with Mccr Jafficr, in the lecret nego- 
 ciation conduced by Mr. Watts, previous to the 
 battle which ended in the defeat and death of the 
 Soubah, do not appear to have afforded any juft ob- 
 jeflion to the victors making whatever ufe of the 
 victory they thought moft proper; thofe engage- 
 E 2 msnts
 
 C 52 ] 
 
 meats being entered into, and the fclieme of placing 
 Meer Jaffiei- in a government to which he had no- 
 pretence of title being adopted, in expectation .of 
 that officer's active concurrence with the troops 
 under his command in the execution of a plan by 
 which he was to profit fo largely, and under an en- 
 gagement on his part fo to do : Inftead of which* 
 inftead of joining the Englifh army, and acting 
 againft the Soubah, the crafty old traitor, determined 
 in all events to fecuire himfelf, had actually rejoined 
 the Soubah before the battle,, and by his conduct at 
 that time raifed well-grounded fuipicions of that 
 inlincerity of which the Company has fince had fo 
 much experience : In the action itfelf he took no 
 part, and fo doubtful was it, what part he inclined 
 to take, that it was thought neccflary,. when his 
 troops advanced,, to- employ your artillery to compel 
 him to retire. With fo little merit, and fo little 
 faith on his part, there could be no reafon for a 
 fcrupulous adherence, or indeed for any attention 
 on yours to the engagements entered into with this 
 man, who had himfelf fo grofsly neglected them. 
 
 It is to be prefurned therefore, that the noble Lord 
 was induced to prefer and to perfevere in the plan of 
 raifing Jaffier to the Soubahfhip from an opinion, that, 
 the government of a native would be more readily 
 fubmitted to, and would be equally beneficial to the 
 Company ; as the new Soubah was a creature of your 
 own,, raifed by your arms, and without any other 
 effectual refource for his future fupport : Nor does 
 there appear, all circumftances confidered, fufficient 
 reafon to pronounce, that thofe who entertained this 
 opinion judged amifs. It may be doubted, whether 
 a territorial fovereignty of luch extent could be 
 properly governed under the limited powers of a 
 Company inftituted for very different purpofes : And 
 it feems pretty certain, that in the necefTary attention 
 to this object the Company muft have loft fight of 
 the commercial principles of'itsorigind eftablifhment, 
 an eftablifhment, which, in a country like ours, 
 vyoulcl perhaps be ill exchanged for all the revenues 
 of the Soubahfhip, could they be lately collected and 
 hither. It
 
 r 53 j 
 
 It cannot however be questioned, but that, with 
 the power in your hands of difpoling of the Sou- 
 bahfhip itfelf in any manner you fhould think proper, 
 it was the duty of thofe, who exercifed this power 
 on your behalf, to make fuch a difpofition of it as 
 would effectually fecure to the Company the juft and 
 proper objects of the enterprife in which that power 
 was acquired ; and thofe were reftitution and latis- 
 faction for paft injuries, and a proper eftablifhment 
 to prevent future. 
 
 For the firft of thofe purpofes a large fum of money 
 was ftipulated to be paid by Mecr jaffier. Let us fee 
 what care was taken of the fecond, and this is the 
 material point of our inquiry. 
 
 In former wars among the country powers, your 
 fervants, minding their proper bufmefs only, affec- 
 ting no other character than that of merchants, and 
 taking no part with either of the contending parties, 
 were wholly unconcerned in the event. Pretending 
 to no power, they provoked neither jealoufy nor re- 
 fentment : Their fuppofed wealth expofed them now 
 and then to exactions and oppreffions, in common 
 with the other inhabitants of the country ; but Su- 
 raja Dowla was probably the firft of the princes of 
 Hindoftan, who thought it his intereft to extirpate 
 them : in all changes of the govern ment hitherto 
 they were fuffered, whoever prevailed, to go on as 
 before, and were confidered as a ufeful, induftrious 
 people, whole commerce enriched the country, and 
 increased the public revenues. Perhaps it would have 
 been happy for the Company, if they had never 
 been known to the natives of Hindoftan in any other 
 character. 
 
 Your iituation was now much changed. Having 
 the whole in your power, you were now to deter- 
 mine, whether your future eftablifhment in this 
 country was to be wholly commercial, wholly mi- 
 litary, or a compound of both. Having determined 
 to place Mcer Jaffier in the Soubahfhip, it was further 
 to be determined, whether you ihould yourfelves re- 
 turn to your old fyftem, or adopt a new one. 
 
 E 3 Your
 
 [ 54 J 
 
 Your old fyftem was molt agreeable to your con- 
 ftitution, and, if it could be lafely purfued, more 
 likely to produce you the regular returns you expeft 
 in Europe, than any fcheme of power or conqueft, 
 however iuccefsfully executed. It might be hoped, 
 that, under the protection of a Soubah of your own 
 creation, you might be permitted to purlue your 
 trade with at lealt as much advantage as heretofore, 
 and enjoy the juft profits of that trade unincumbered 
 with military expences. 
 
 On the other hand it might be reafonably doubted, 
 whether your fe.ttlements could now fubfift in the 
 defencelefs condition they had hitherto been. Hav- 
 ing taken up arms, and proved "by your fucceffes your 
 fuperior fkill in the ufe of them, it was to be feared 
 the country powers, who had experienced the weight 
 of your interpoiition, would lay hold of the'firft 
 opportunity to crufh an eftablifhment they had found 
 to be fo dangerous and formidable. The new Soubah 
 himfelf (reasoning only from the general treachery of 
 the country, and without laying ftrefs on his per- 
 fonal character more particularly ftained with that 
 vice) was unlikely, fhould he ever find himfelf firmly 
 eftablifhed, to be reftrained, by motives of gratitude, 
 from employing his power to the deftruction of thofe 
 who gave it him. As a more immediate danger, the 
 fucceiies of the French in the Deckan gave reaibn to- 
 apprehend a vifit from them in Bengal ;' nor were 
 they the only European neighbours, whole enter-' 
 prifes it behoved the Company to guard againft. 
 Eeyond all this, it was not to be expected, that the 
 newry appointed Soubah fhould be able to eftablifh 
 himfelf in that dignity, or maintain it a moment, 
 without a continuance of the lame fupport by which 
 he had been railed to it. Thefe reafons concurring 
 feemed to evince the propriety of erecting new and 
 cxpenfive fortifications, and of railing a large military 
 force to be kept in conftant pay, provided this could 
 be done without detriment to your trade. JBut it is 
 obvious, to all who know the enormous expence of 
 a military eftabliihment in that country, that tho 
 
 neccflary
 
 [ 55 ] 
 
 nceffary charge of railing thole fortifications, and 
 maintaining that force, would exceed, perhaps in a 
 quadruple proportion, the whole profits of your trade 
 there. In fhort, the fecurity of your trade required 
 the protection of fortifications and a military force ; 
 and yet to adopt that plan, without fome other fund 
 to fupport the expence of it, was apparently deftructive 
 to the trade it was meant to fupport. 
 
 The obvious and only expedient was, to appropriate 
 to this ufe a fufficient part of the revenues of the coun- 
 try, the whole of which were become your own by a 
 much better title than they had been his from whom 
 you took them : And this appears to have been the 
 noble Lord's idea at the time of preparing the articles, 
 which he inftructed Mr. Watts to propole to Jaffier; 
 one of which was, " That a tract of land be made 
 over to the Englifh Company, whofe revenues fhall be 
 iufficicnt to maintain a proper force of Europeans and 
 Seapoys to keep out the French, and affift the govern- 
 ment againft all enemies.-" f 
 
 For this purpofe the 9th article of the treaty with 
 Jaffier provides, that " All the lands lying to the fouth 
 of Culpee fhall be under the zemindary of the Englifh 
 Company, and all the officers of thole parts fhall be 
 under their jurifdidticn; the revenues to be paid by 
 them in the fame manner with other Zemindars.'* 
 The treaty contains a further engagement on the part 
 of the intended Soubali, to defray the charge of the 
 Englifh troops, when he fhould call for their affiftance, 
 whilft actually employed in his fervice : but, for the 
 conftant regular expence of maintaining an army in 
 readinefs to be Ib employed when called for, the Qth 
 article before-mentioned is the only provifion. By this 
 article, the Company were to become Zemindars or 
 renters of thofe lands, at the old rents'ufually paid by- 
 former Zemindars, amounting to near 30,0x20!. per 
 annum. To derive any advantage from this you were 
 to find under tenants to farm the lands at improved 
 rents; and the difference between the old rents you 
 were to pay, and the improved rents you might receive, 
 whatever that fhould be wa& to be your profit, the fund 
 4 to 
 
 t Memoirs of :1\ revolution in Bengal, Page 90.
 
 [ 56 ] 
 
 to fupport the future military eftablifhment which the 
 new iyftem had rendered necefTary. 
 
 The firft obiervation, that ftrikes one on reading 
 this article, is the ftrange impropriety of referving thefe 
 lands to the Company in the chavafter of renters only, 
 inftead of retaining to your ufe the abiblute property 
 and dominion; inconfiftently fubje&ing the Company 
 to a dependence on that very government which your 
 fervants were then eftablifhing, when the objeft of the 
 refervation was a force to maintain an independance of 
 that government, and indeed to continue the govern- 
 ment itfelf for ever dependent on the Company. This 
 dependence of Zemindars on the Soubah may be 
 thought of little conlequence,- but it is not fo. The 
 noble Lord himfelf thinks otherwife, when he men- 
 tions it as one of the circumftances that gave jiim plea- 
 fure in reading his patent, " That the Company was 
 thereby freed from all dependance on the govern- 
 ment. " I go along with the noble Lord in thinking 
 it very defueable that the Company mould be freed 
 from this dependence; but if his Lordfhip thinks, that 
 the proper way of freeing the Company was to fubfti- 
 tute himfelf in the place of the government, there we 
 differ. 
 
 The more important consideration however upon, 
 this article is, the competency of the fund it provides 
 to the purpoies for which it was provided. The nett 
 produce of the lands for the firft year ( 1 758) I am well 
 informed, was 14,041 1. 35. after difcharging the rent. 
 From that time the Company have received no regular 
 accounts; but the Turns paid into the treafury at Cal- 
 cutta, fubjet to the rent and perhaps to other deduc- 
 tions, are as follow : For 1759, 43,749!. 135. For 
 1760, 69,839!. 143. For 1761, 73,800!. 178. 
 For 1762, 70,104!. 135. On a medium therefore 
 of thefe five years, the produce of thele lands appears 
 to have been about 6o,oool. a year, fubject to a clear rent 
 equal to one half of that produce, and the other half 
 only is the fund, by which your military eftablifhment 
 was to be fupported ; a fund fo difproportionate, that 
 it is almoft ridiculous to have been fo minute in this 
 part of our inquiry. 
 
 Yet
 
 C 57 1. 
 
 \'et to give you a general notion of the expence of 
 a military eftablifhment in Bengal, and at the fame 
 time to fet you right in fome fails, which through in- 
 tereft or ignorance have been ftrangely mifreprelented 
 (and \yhich is the more ncceflary, as a projeft is faid 
 to be on foot for rendering this article {till more ex- 
 penlive than it has hitherto been) it is fit you fhould 
 know, that, from the acceflion of Meer Jaffier to the 
 Soubahfhip in 1757 to the I4th of June 1760, (which 
 was not long before his depofition) the whole lum paid 
 into your Bengal treafury from every fource, includ- 
 ing the produce of your exports to that country, and 
 all that could be got from the Squbah of the large fum 
 he had ftipulated to pay by way of reimburfement for 
 your former loffes arid expences, and 'excluding only 
 occafional fupplies to Madrafs and your other icttle- 
 ments, was fo fully exhaufted by the vaft charge of 
 your military forces and military works added to the 
 ordinary expence of the fettlement, that Mr. Holwell, 
 the then governor, in a letter of that date, which he 
 has lately published, f reprefenting to General Caillaud 
 the then itate of the fettlement, tells him there remain- 
 ed in the treafury but one lack and a half of rupees, 
 without any hope of a further fupply, even by bor- 
 rowing ; io low was the Company's credit. The bare 
 pay of your troops, we learn by the fame letter, 
 amounted to 50,000 rupees a month, exclufive of the 
 charge of military ftores, &c. which he calls immenfe ; 
 and the charges of the works then carrying on amount- 
 ed to nearly twice as much more. Thole works were 
 projected by the noble Lord, and carried en under his 
 direction, as long as he thought fit to remain in India; 
 and this article of expence alone is efbimated at up- 
 wards of 580,000!. ftcrling. So far is it from being 
 true, as has been iniinuated and indeed afierted, that, 
 out of the vaft fums paid into your treafury in confe- 
 guence of the treaty with Meer Jaffier, you have been 
 reimburfed your whole damages, lofTes, and expences, 
 and enabled to carry on the whole trade of India for 3 
 years, befides Supporting your military expences both 
 in Bengal and Covomandel, that I have the beft audio- 
 
 rity 
 f Mr. Hohvell's addrefs to the Tropiictoi , &c. p. 58.
 
 [ 5* ] 
 
 rity to fay, the whole of your exports to Bengal dur- 
 ing that period have been abforbed by thofe expences, 
 and your fervants there obliged to draw upon the Com- 
 pany here for more than the value of your imports. 
 Nay, even fince the acquiiition of an additional reve- 
 nue, procured you by Mr. Vanfittart, to the amount 
 of near 600,000 1. a year, it is inconceivable how fmall 
 a balance remains to the Company upon your whole 
 revenue in that province, thus augmented, after de- 
 fraying the expence of maintaining your prefent cftab- 
 liiliment. 
 
 Was it not then the duty of thofe, who on behalf 
 of the Company adopted a military plan neceffarily 
 attended with fuch expence, 'to have referved a fund 
 in fome degree adequate to fupport that expence; and 
 will it be pretended that 30,000!. a year was, or could 
 be, under any management, and with any oeconorny, 
 sin adequate fund ? I mean not, it would be unjuft, to 
 impute the neglect to the gentleman who fettled the 
 treaty with Jafficr (Mr. Watts.) Under the circum- 
 fbnces he was, it would be too much to expect from 
 him a complete and perfect regulation of every thing 
 necefTary to be regulated between the future Soubah 
 and the Company. It is indeed a high degree of 
 merit in him to have done fo much towards it; and 
 lie will be found, on a comparifon of the articles lie 
 figned with thofe recommended to him, to have made 
 a treaty upon the whole much more beneficial to the 
 Company. It would be unjuft too to the noble Lord" 
 to expect, that amidft the triumphs of victory, and 
 the various objets which in confequence of that vic- 
 tory engaged his attention, he fhould fet himfelf in- 
 ftantly to correct the miflakes, or fupply the imper- 
 fections of that treaty. But furely, when the Soubah's 
 treafury had been fufiiciently examined, and the pro- 
 per arrangements made there ; when the new Soubah, 
 " agreeable, we are told, to the cuftom of Eaftern 
 princes, had nude prefents to fuch of the Englifh, 
 who by their rank and abilities had been inftrumental 
 to the happy fuccefs of fo hazardous an enterprife, 
 'c to the rank and dignity of a great prince." 
 Wiien the noble Lord in particular had, as he is 
 
 pleafed
 
 [ 59 J 
 
 pleated to tell us, indulged himfelf in this " ho- 
 nourable opportunity" of acquiring nn S( eafy for- 
 tune ;" and " the Company's welfare" was become 
 f' his only motive for flaying in India;" when he 
 had coolly confiderecl the treaty at his leifure, had 
 Experienced the amount of your military expcnces, 
 had informed himfelf of the value of the lands referved 
 by the cjth article, and confcquently knew how in- 
 adequate this reservation was to its object; it might 
 then not unrealbnably be expected, that the noble Lord 
 would have had Ib much attention to that welfare of 
 the Company, which he ftayed to promote, as to 
 think of ibme means, while it was yet in his power, 
 to make good a deficiency too vifible to be over- 
 looked, and too dangerous to remain unfupplied with- 
 out certain ruin to the Company. If he had deigned 
 to turn his thoughts to this fubject, a much lefs de- 
 gree of penetration, than his Lordfhip poflctYcs, would 
 nave fuggeftect to him, that the firft ftep to be taken 
 towards fupplyin^ this deficiency was to correct the 
 treaty in this article; to procure a dilcharge, if it 
 were neceffary, from the Soubah to the Company of 
 the rent improvidently agreed to be paid him ; or, ia 
 fubilance, (whatever form it might be proper to uft) 
 to relume your property in thofe lands, and apply 
 their whole produce (where it was fo much wanted) 
 to the purpofes for which they had been fet apart. 
 By this ftep alone the fund would have been doubled 
 and the Company delivered from that badge of fub- 
 jection fo unfuitable to thole ideas of independence 
 and fuperiority, which his Lordfhip in other inflan- 
 ces appears to have adopted in their full extent. 
 
 The better to enable you to judge of what in thofe 
 rircumftances you had a right to expect, you will 
 doubtlefs be glad to know what others of your fer- 
 vants in the like circumftances have done. 
 
 Every body knows, that on your firft fettlement in 
 India, as traders by permiffion and under the pro- 
 tection of the princes of the country, your condition 
 obliged you to fubmit to whatever terms thofe princes 
 thought fit to require, as the price of that permiflioa 
 and protection. Beiides pecuniary and other prclents 
 
 at
 
 C 60 ] 
 
 it firft, Ibme kind of annual acknowledgement, by 
 way of rent or tribute for the diftricts allotted you, 
 was generally infifted on. 
 
 In the Carnatick, for inftance, you were required 
 to pay an annual rent or tribute of 4000 pagodas, or 
 fome fuch fum, for your poffeffions on the coaft of 
 Coromandel ; and it was accordingly paid till the late 
 long expenfive war on that coaft, fomented, if not 
 begun, as the noble Lord obferves, on principles of 
 French ambition, and now happily terminated by 
 Englifh valour. This has produced aim oft as great a 
 change in your Situation there, as that we have before 
 fpokenof has done in Bengal. Inftead of continuing 
 to carry on your trade as ufual, under the protection 
 of the Nabob of that province, you became his pro- 
 tectors, affumed a military character in his defence, 
 and maintained him in a government, which with- 
 out your fupport he muft long fince have loft. The 
 relation between you and the Nabob being thus in- 
 verted, the rent or tribute was thought of no more. 
 If your fervants there had been actuated by a fpirit 
 of conqueft, they might in their turn have required 
 of the Nabob the like badge of his dependence on 
 the Company. They judged better ; they were con- 
 tent with a real, without a nominal fuperiority : ftill 
 mindful of their duty, they lay hold of this oppor- 
 tunity to enlarge your povTeffions near Madrafs, (which 
 had been found too narrow and inconvenient) by 
 the addition of a neighbouring diftrict of coniiderable 
 value called the Poonomalel country, the whole of 
 which they retained, and ftill retain, as the Com- 
 pany's property, carrying the whole produce to the 
 Company's account, iubject: to no rents or jaghires, 
 and in perfect independence of the Nabob, who had 
 too much fenfe to expect, and had to do with peo- 
 ple too attentive to your interefts to fubmit to the 
 payment of a rent for the fmall part they found ne- 
 ceffary to retain of a principality, the whole of which 
 had been more than once conquered for him by your 
 arms. 
 
 In like manner in the Deckan, the Company in- 
 tending, in the time of the Emperor Furrucki'eer, to 
 
 form
 
 [ 61 ] 
 
 form a fettlement in the Ifle of Divy, obtained a 
 grant of that illand under an annual rent, but were 
 obliged to lay afide their fcheme of fettling there by 
 means of the oppofition it met with from the Soubah, 
 and the fubfequent troubles of that country. From 
 hence your title lay dormant till 1759, when thefuc-' 
 ceffes of Colonel Ford againft the French, having 
 driven them out of that country, four large provin- 
 ces, which Salabatjing, the preient Soubah, had ce- 
 ded to the French (or they, in other words, had ta- 
 ken from him,) were given back to that prince ; but 
 the city of Mafulipatam, being of importance from 
 its ihuation to the Company's trade, was retained for 
 the Company with feveral adjacent diftrifts of near 
 lOOjOOO/. a year value, fuch a revenue being thought 
 necefiary to defray the expenceof maintaining a fuffi- 
 cient force to defend this new acquisition. From that 
 time you have been, and are ftill, in pofTeflion of the 
 city and diftri&s thus acquired as your own abfolute 
 property, and of Divy likewife ; and the rent under 
 which the latter was originally granted has never been 
 demanded or thought of. The Soubah, fenfible that 
 the Company had^all the right that conqueft can give 
 to the whole, rejoiced to find himfetf reftored to that 
 large traft of country which the French had obliged 
 him to give up to them, with an exception of the 
 fmall part the Company chofe to referve, their title to 
 which he readily confirmed, and the payment of a 
 rent for it was never dreamt of on either fide. 
 
 To return to Bengal When Mr. Vanfittart in. 
 1760 found it neceffary to enlarge the Company's 
 pofleffions, in order to make the military fund equal 
 to the demands upon it, he required on your behalf, 
 and procured " a much larger diilrift of country (to 
 ufe the noble Lord's words) than the Company had 
 before enjoyed under the treaty with Meer Jaffier, to- 
 gether with a larger eftatc and intereft in thofe lands, 
 than they had in thofe before granted ; and, inftead 
 of referving to the government theuliial rents of ho- 
 mage which thole lands were fubject to, both the 
 lands and thofe rents were granted to the Company." 
 
 Perhaps
 
 C 6i ] 
 
 Perhaps what has been faid may fuffi'ce to fathf> 
 you, that the fame attention to the welfare of the 
 Company which was (hewn by your icrvp.nis under fi- 
 milar circumftances in the Carnatick, in the Deckan; 
 and in 1760 in Bengal, you had a right to expect front 
 thofe who conduced your affairs in the laft mentioned 
 province in 1757 ; at leaft, that the noble Lord, who 
 continued in India above two years after, the Gover- 
 nor of you lettlements, and the Commander of your 
 armies, fhould have corrected the impropriety of the 
 treaty in this reipeft in the manner the intereft and 
 honour of the Company appear to have required. 
 
 That this might have been done at any time cannot 
 be denied. The Soubah, who was not more indebted 
 to you for his elevation, than dependent ort you for 
 the continuance of his government, who might have 
 been, as he afterwards was difplaced without commo- 
 tion or bloodfhed, and would have tunk into nothing, 
 if you had dilcontinued your fupport ; a creature, in 
 fhort, in whofe name the noble Lord was underftood 
 to govern the Soubahfhip in every thing in which he 
 chote to interpoie, muft have iubmitted to this, or 
 any other demand that might have been made on him. 
 That this- demand might have been juftly made on 
 him, fuppofmg him lefs indebted to you than he was, 
 and that it was even beneficial to him to have com- 
 plied with it, is equally clear, if it be remembered 
 that the force, which this revenue was wanted to 
 maintain, was asneceflary to his fafety as to your own. 
 More, I prefume, need not be laid to convince you, 
 that if the Soubah, when it was propofed to him, or 
 when he propofed (for it matters not which) to relin- 
 quifh his pretcnfions to this rent in favour of the no- 
 ble Lord, had been defired to do it in favour of the 
 Company, he would with equal readinefs have fub- 
 mitted to it. 
 
 In whole favour then ought this to have been defi- 
 red ? Or rather, to whole account ought this ceffion, 
 when obtained, to have been carried ? The Com- 
 pany (to adopt an expreflion of his Lordfhip's) had a 
 particular claim, wanting it for a purpofe in which 
 the Soubah had an equal intereft. His Lordfhip pre_ 
 
 tend
 
 [ 63 ] 
 
 tends not to any particular claim. The Soubah's ge- 
 nerofity had been ib fuitable to the rank and dignity of 
 a great Prince, that the noble Lord's fortune was 
 ea'iy, and he had received the reward of his honoura- 
 ble fervices. The Company's fortune in that coun- 
 try was by no means eafy, and they were constantly 
 rendering fervices for which they had no reward. 
 You were furely then as proper objects of the Sou- 
 bah's gratitude, whofe troops and whofe fervants had 
 made him what he was, as the noble Lord, who was 
 only known to him as the leader of thole troops, and 
 the firil of thofe fervants ; but to fuppole that grati- 
 tude, or any confederation of that fort, had any part 
 among Meer Jaffier's motives to the concefiion, is to 
 forget the character of the man, and indeed of the 
 country, as it is generally reprefented to us; and, 
 not only fo, is contrary to the fact, according to my 
 Lord's account of it, from which it plainly enough 
 appears, as the truth undoubtedly was, that it pro- 
 ceeded from a conviction in the Nabob, founded on 
 the experience he had had, that it was impoffible to 
 fupport himfelf without the Company's affiftance ; 
 and a confcioufnefs that what he was defired to give 
 his confent to part with might be taken from him, 
 whether he ccnfcnted or no ; he gave up therefore 
 what he knew he could not retain, having firft difco- 
 vered as much disinclination as he durft. 
 
 To do juftice even to fuch a character as Meer 
 Jaffier's, it is pretty clear that the fame confciouf- 
 nefs of the Company's power, the fame defire of en- 
 gaging the fupport of that power, and the fame dread 
 of its being otherwife employed, were the moft pre- 
 valent, if not the only motives to acquiefccnce with 
 the feveral other Princes, from whofe dominions the 
 Company has lopped off the acquifitions we have 
 lately fpoken of. 
 
 The noble Lord would have it underftood, that 
 Meer Jaffier's grant to him proceeded from his fenfe 
 of the fervices that had been jufl then rendered him in 
 the expedition to Patna, and the conviction he had of 
 the value of fuch iincere allies. At whofe expence 
 and rifque then was that expedition undertaken ? Who 
 
 were
 
 [ 64 ] 
 
 tvcre tnofe allies, the value of which Meer jaffier had 
 then difcovered ? Who were the troops, and in whole 
 pay was their Commander, by whom thofe icrvices 
 had been rendered, of which Meer Jaffier entertained 
 this fenfe ? Let us fuppofe what is not to be fuppofedj 
 that Meer Jaffier, knowing nothing of the Company 
 but the perfons of its fervants, had been really grate- 
 ful; but had ibfar miftaken the proper objeft of his 
 gratitude, as to have intended this favour for his 
 Lordfhip, unaiked and uniblicited, which the noble 
 Lord confeffes was not the cafe ; was his Lordfhip to 
 profit by this miftake, to the prejudice of the Com- 
 pany, whofe fervant he was, and whofe fervice had 
 enabled him to raife himfelf to a ftation for which 
 moft men would have thought; though his Lordfhip 
 is pleafed to think otherwile, they owed the Company 
 ibmething in point of gratitude ? 
 
 But the noble Lord denies, that this claim of his 
 can be attended with any prejudice to you. Having 
 before told you, that the reft of his fortune, arifing, 
 as he fays, from the grateful bounty of the Nabob, 
 and for which nothing like gratitude is due to the 
 Company, was " acquired without prejudice to you, 
 and that you would not have had more for his having 
 had lefs. " He is pleafed to apply the fame obfervation 
 to this claim likewife, affecling to confider it as a 
 queftion between him and the Mogul, or between him 
 and the Nabob, in which you have no manner of in- 
 tereft or concern. This argument his Lordfhip very 
 artfully prefixes, his advocates every where make great 
 ufe of it, and it fecms to have made impreffions in 
 his favour on the minds of tlifinterefted people unac- 
 quainted with this fubjeft. But tliis argument will 
 not, I truft, have much weight with you, if you are 
 (atisfied by what has been laid, that it ought to have 
 been yours, if it is not ; that it was his Lordfhip's 
 duty to have retained or procured it for you, and that 
 it was not merely a neglect, but a violation of that 
 duty to employ the influence you gave him to procure 
 it for himfelf. You will recoiled too, that, fuppo- 
 iing his Lordfhip's claim invalid, you have ftill the 
 fame power to appropriate this rent to your own ufe, 
 ' and
 
 tnd the fame influence to procure every body's con- 
 fbnt that may be thought neceilary, whenever you 
 plcafe. Nor is this all; it is certain, as certain as any 
 thing that has not happened can be, that, had hi* 
 Lordfhip only neglected his- duty in this inftance, 
 without putting it out of the ppwer of thofe who 
 eame after him to repair that neglect, this revenue 
 would long ere now have been yours. It 5? not to be 
 doubted, but that the payment of it to the Soubah^ 
 had it continued to the revolution in 1760, would 
 have continued no longer. Thole who brought about 
 that revolution, who found it neceflary to add other 
 lands of much greater value to the Company's porTef- 
 fions, would have required for thele, as they did for 
 thofe, an abfolute independence of the country go- 
 vernment, and would have carried the full produce of 
 the whole to the Company's account, conformably, as 
 we have feen, to what had been done in the like cafe in 
 the Carnatick, and in the Deckan. You will judge 
 then, with what truth you have been told, that his 
 Lordfhip and rent, or, as my Lord fomewhere in his 
 letter calls it, his eftate in the Eaft-Indies, Was " made 
 over to him, no prejudice refulting to the Company 
 rnd only this difference, that you are to pay the quit- 
 rents to him infteadof the Government : a clear pro- 
 lit to this nation of 30,000!. a year." It is ftrange 
 his Lordfhip fhould Ib far miftake the nature of his 
 claim,- as to ice it in this light ; but there are paffions 
 in the human breaft that pervert the underftanding ; 
 tinfortunately they gio'w with indulgence, and admit 
 of no fatiety. 
 
 If you have ftill a doubt of the opinion you dught 
 to enterta : n of this trania&ion, change but the fcene, 
 and iuppofe it to have happened nearer home. Sap- 
 pofe any of thofe gallant officers, who during the 
 late war, without difparagement to the noble Loiu, 
 contributed as much to fupport and extend the honour 
 and terror of the Englifh name in other parts of the 
 globe, as the noble Lord was doing in Ai:a, had ein- 
 ployed the influence, which their commands, their 
 fuccefTes in thofe commands, and, if you will, their 
 perfonal merit in obtaining thofe fuccefles 4i*xl given 
 "F then),
 
 [ 66 J 
 
 them, to the acquifition of a territorial dominion- ..ihi 
 the countries they had conquered to their private ufe.. 
 Suppofe, if you will, they had only accepted luch a 
 dominion from friends or foes againft his Majefty's 
 inclination, or even without his perariffion, what 
 would have been thought, and what would have been 
 laid of thole officers ? Does then the phyfical differ- 
 ence of climates introduce a different fet of rules for 
 the conduct of an officer in Afia, in the fervice of a 
 Company, to whom the King's favour has in this, and 
 .many other inftances,. delegated his lovereign rights ? 
 
 Before we difmifs^this queftion,, let us once more 
 recollect the inftances- we have before given of acqui- 
 fition* for the Company by others of its fervants. 
 We have fecn that they have judged differently for the 
 Company ; let us now fee r , whether there is any re-, 
 femblance in their conduft to that of the noble Lord, 
 in their manner of judging for therafelves.. 
 
 Can it be doubted (,I am fure it will not by. thofe. 
 who know the parties, and their hiftory) but that the 
 fervices rendered to Mahomet Ally Khan, the Nabob 
 of the Carnatick, by General Lawrence were as im- 
 portant as thofe of the noble Lord to Meer Jaffier, his 
 influence with him as great, his pretcnfions to a jag- 
 hire as good, and the means of obtaining it as eafy ? 
 Yet fuch has been the continence, luch the virtue of 
 that brave old foldier, whole abilities have been fo- 
 long employed to your advantage in the council and in 
 the field, whofe penetration firft difcovered the noble 
 Lord's military merit, whofe protection encouraged it, 
 and whole example taught him to .conquer, that, after 
 a long life worn out in your fervice, almoft as poor 
 as when he firft entered it, when,, inftead of accept- 
 ing or foliciting jaghires, he was lately importuned 
 by the Nabob to accept fome proof of his gratitude ;, 
 he paid into the Company's treafury the prefent that 
 was fent him (a lack of rupees, 12,500!.) the moment 
 he received it, and refufed to apply a fingle rupee to 
 liis own ufe, till the tranfadlion had been communi- 
 cated to your Court of Directors, and the fhips of 
 the laft year carried him out their permilTioa. 
 
 Can
 
 C 67 ] 
 
 Can it be doubted, but that, when Col. Ford, after 
 driving the French out of the Deckan, was refloring 
 to Salabatjing the four fine provinces, of wjiich they 
 had long difpoiTefled him, the Soubah would have con- 
 lented to any divillon that might have been propofed 
 to him, of the produce of the lands he was to give up 
 to the Company ? Yet that worthy officer has no Jag- 
 hire, and you have the whole revenue. 
 
 Can it be doubted, bnt that Meer Coffim was as 
 much obliged to Mr. Vanfittart, General Caillaud, 
 and the reft of the leleft Committee, who raifed him 
 to the Sdubahfhip, as Meer Jaffier had been to the no- 
 ble Lord ? Or, that, if it had been propofed to him, he 
 \vould have refervecj the Lordfhipand rents of the lands 
 agreed by the treaty to be given up to the Company, 
 and afterwards would at any time have granted that 
 Lordfhip and thofe rents to his benefactors in any 
 manner they chole ? Yet, you have the whole pro- 
 perty and produce of the lands, and none of thofe gen- 
 tlemen have Jaghires. Nor muft it here be forgot, 
 that when the new Soubah was preparing to follow the 
 example of his predeceflbr, and inower down his fa- 
 vours upon thofe, who by their rank and abilities had 
 been inftrumental in his promotion, luitable, as the 
 noble Lord expreffes it, " to the rank and dignity of 
 " a great Prince, " Thofe gentlemen have the merit 
 of refufing no lefs than 20 lack of rupees, 250,000!. 
 and to this hour have received no fruits of his grati- 
 tude, or of his bounty. 
 
 If no inftances of the kind we are feeking, are to be 
 found among your own lervants, let us employ an- 
 other page in enquiring into thofe of your rivals. 
 
 The Dutch are too fober, too provident, and too 
 wife, to give us any hope of finding examples of this 
 fort among them. The feverity of their conftitution 
 allows no body to reward their fervants, but thom- 
 felves; with them every prcfent which gratitude or 
 bounty produces, be it large dr fmall, is carried to the 
 Company's account. 
 
 The French have the fame rules, but arc Je's ftricT: 
 
 in the obfervance of them; and among them the noble 
 
 Lord fuppofes he has found a precedent in the conduit 
 
 F 2 of
 
 r w i 
 
 of Mr. Dupleix. " Mr. Dupleix (fays he) 
 ** mander in chief of the French forces in India, ob- 
 *' tained a title of honour inferior to mine, and had 
 " feveral Jaghires given him by the Nabob of the 
 " Deckan in lands ceded to the French Company, 
 " which he enjoyed for feveral years after he returned 
 " to Europe, and until the lands, upon which the Jag* 
 " hires were granted, were taken from the French." 
 This, if it be one, is not perhaps the only circum- 
 ftance, in which the attentive obferver will diicover a 
 relemblance in the conducYof that extraordinary per- 
 fonage, and of the noble Lord* Mr. Dupleix had 
 great merit with the Company he ferved, had rendered 
 it. great and iubftantial iervices but at length he ruin- 
 ed it. " Les interets, fays he, in a memorial he pre- 
 " lented to the Company on his return from Indi?., 
 " les inter ets de la Compagnie que jefers, &f la glorie dt 
 " ma nation ont etc Les guides & la mobile de toutes mes 
 11 operations^. 3V.' X Words, that cannot be better 
 tranflated, than in thofe of the noble Lord,, when he 
 declares, " The honour of my country, and the inter- 
 ** eft of the Company, were the principles that 
 '* governed all my alions. " Mr. Dupleix thought 
 his fervices not fufficiently rewarded, he complained 
 of injuftice from the clirecl-ors, he formed a claim on- 
 the Company, he commenced a law-fuit to fupport it, 
 he was not io well adviied as to drop that fuit, and try 
 to carry liis point by 'other means, he periifted, he 
 inifcarried, and is lately dead a beggar. In which of 
 thole circumftances the reiemblanee will hold,. I pre- 
 fume not to determine, except that it will not hold in 
 thelaft. Whether Mr. Dupleix ever enjoyed a Jaghire, 
 I know not. That, after he had adorned himfelf with 
 Indian titles, and Indian honours, Omra Nabob of the 
 Carnatic, joint Soubah of the Deckan, &c. he conceiv- 
 ed at length an affection for an Indian eftate, is cer- 
 tain. What were the lentiments of the French Com- 
 pany on that fubjecl, how contrary to his duty and to 
 their conftitution, they thought it, may be feen in their 
 memoir, f They actually claimed and infilled on his 
 
 carrying 
 
 f Memoir pour la Compagnie des Inde? , co/itrele SieurDvi- 
 pleix, page 49,
 
 carrying the whole produce of that eftate to their ac- 
 count, notwithftanding an ingenious device of hi* 
 to elude it *. 
 
 What Mr. Dupleix himfeif thought of his duty in 
 that refpeft lome time before, you will collect from 
 what follows. The firft of the piece's juftificatives, 
 annexed to his Memoir, gives us the form of a 
 persvanna or grant from Chundafaib of feveral vil- 
 lages in the neighbourhood of Pondicherry to this 
 cffeft : " Mr. Dupleix, governor of Pondicherry, 
 " having acquired, by his bravery and the efTential 
 <c fervices he has rendered, the good-will of my 
 <c Mafter Hametcha Padcha ; for thefe reafons, to 
 " acknowledge the aforefaid ferviccs, and to reward 
 " his merit, I think myfelf obliged to give him 
 *' Villenour, with its dependent Aldees (villages) &c. 
 " this donation to be enjoyed in perpetuity by him 
 <J and his defcendants from generation to generation, 
 " on condition that he doc:s not forget the benefit 
 " received, but returns thanks to his benefactor, &c.f" 
 'Tis difficult to conceive any form of words, that can 
 more ftrongly convey the idea of an intention in the 
 donor to confer a perfonal favour on Mr. Dupleix, 
 the reward of his perfonal merit, and to be enjoyed by 
 him and his defcendants to their own private benefit; 
 yet fo far was he then from fancying that he had a 
 right to underftand it fo, that he and his council fet 
 themfelves to contider the advantages of this acquifition 
 to the Company, and judging it advantageous, de- 
 clare their acceptance on the Company's behalf. In 
 the 48th page of his Memoir you will find a letter 
 of his to the Company, in which fpeaking of another 
 ccfTion of this fort, of Bahour, &c. he ufes thefe 
 remarkable words : " AH thefe Aldees are given in 
 " my name. It is the cuftom of the country alwayt 
 *' to ufe the name of the commander ; but I make 
 " no other ufe of this cuftom, than to depofit in 
 F 3 " your 
 
 * Memoire pourla Compagnie des Indcs, centre le Sieur Du- 
 pleix, p. 1951 196. 
 
 t MeraoLre pour le Sicur Dupleix, contre la Compagni* d* 
 Indcs,
 
 [ ?<= 3 
 
 " your archives titles equally honourable and prq- 
 " fitable, of which it is juft the Company ftibuM 
 " have the whole benefit." Purfuant to this decla- 
 ration, you will find among the pieces juftihcatives, 
 No. 6, an account of the Company's acquifitions from 
 the princes of the country, containing both thefe 
 ceffions of Willenour and Bahour, with an acknow- 
 ledgement under the hand of the Company's Cafhien, 
 that the whole produce of both had been carried to 
 the Company's account. 
 
 So much for Mr. Dupleix. And having now 
 
 offered you my reafons for the opinion I entertain 
 on this firft head of our enquiry, I fhall dole it here, 
 and leave thofe realbas to your confideration. 
 
 We are next to confider the validity of the noble 
 Lord's Claim; and here, if you ihould feel your- 
 felves convinced, that this Claim is founded in a ne~ 
 gleft and violation pf duty, an undue preference of 
 any other intereils to thofe, which he was entrufted 
 and bound by every tie to defend and promote, it 
 will be affronting the juftice and the laws of your 
 country to fuppofe for a moment, that iuch a Claim 
 can be fupported. Thofe laws, thanks to the wifdom 
 of our anceftors by whom they were planned, and the 
 integrity of our cotemporaries by whom they are ad- 
 mimftered, cannot be rendered fubfervient to any in- 
 terefts but thofe of juftice* 
 
 It would be a wafte of your time and mine, to 
 enter into minute objections in a cafe which abounds 
 with folid ones. Thofe which the letter- writer iiates, 
 and'fets himfelf to anfwer, are in general mifconceivecl 
 or mifapplied, with a view to theanfwer; nor can 
 one blame the prudence of chooling, when the objec- 
 tions or enemies one is to combat are at one's own 
 difpofal, to arrange them ib as to fecure a victory : 
 Yet in this mock kind of warfare one is ibmetirnes 
 deceived, from a miftaken opinion of our adverfary r s 
 weaknefs or of our own ftrength. This, or I much 
 miflake, is the cafe with the anfwers to fome of the 
 objeftions. even as they are ftated in the letter. 
 
 One obfervation (and perhaps it were unnecefTary 
 to make another) will fuffice to explain tliofe objec- 
 tions,
 
 iions, and to lay aGde the only anfwer attempted 
 to be given them, that merits your attention. It 
 "will at the fame time vindicate your directors of the 
 laft year from the fecming inconfiftency, in the fup- 
 pofcd detection of which his Lordfhip argues ib 
 triumphant!^. 
 
 You are to know then, what his Lordfhip very 
 well knew, that thefe objections were applied by 
 thofe who made them to a very different cafe. Upon, 
 another occalion, and in another place his Lordfhip 
 had given, I prelume, very different inftrudtions from 
 thole which guided the pen he condescended to ufe in 
 preparing this letter ; at leaft it is certain that his 
 'Claim, as it was then ftated and attempted to be 
 .made out, was a very different thing from that which 
 is inilfted on in this .letter : And it was that Claim 
 Ib ftated thofe objections were with no lefs force 
 than propriety calculated to meet,' 
 
 The noble Lord, or the grave and learned pen- 
 men he then employed, thought it neceffary, in order 
 to give a colour to the Claim, to have recourfe to the 
 conftitution of the Mogul Empire, and to make out 
 his title, as well as they could, upon the principles, 
 and agreeable to the forms of that conftitution. 
 Your directors, ready to meet the Claim in any 
 form that could be given it, followed the noble Lord's 
 lead, ftated the Mogul conftitution, which had been 
 jnade the ground-work of his Claim, more fully and 
 more accurately, pointed out fucli iniurinountable 
 objections, and luch irreconcilable inconfiftcncies, as 
 evinced beyond a doubt the Claim could not be lup- 
 ported upon any ideas drawn from that conftitution. 
 
 It is in this way, and upon the c'ear principles of 
 .the Mogul conftitution, your directors inilfted, and 
 infiftcd truly, " that the Nabob could not alienate 
 " the imperial rents that the Company may be cal- 
 " led to an account by the Emperor for what has 
 " been already paid the noble Lord, and that he is 
 * c therefore accountable to them for what he has al- 
 " ready received that at moft the Nabob's alienation 
 " could exift no longer than his own government, 
 " and was not binding on his iuccefTor that his 
 F4 " Lordfhip's
 
 [ 7* 1 
 
 I *> Lordfhtp's acceptance of the dignity of an Omral} 
 " was contrary to his Juty to the Company, as it 
 " might oblige him to affift the Mogul and the Nabob 
 " in war even againft the Company and that if that 
 ei conftitution gives the tight, it gives the remedy." 
 Thefe portions could not be denied, nor their effect 
 eluded, in any other way than by abandoning the 
 Mogul conftitution, the ground his Lordfhip himfelf 
 had cholen. 
 
 In this letter therefore the claim ftarts up in an- 
 other ihape. hto teneam vultus mutantem Protea nodo ? 
 You are told, your late directors have afted unfairly 
 by his Lordfhip, and inconiiftently with themselves 
 in urging objections arifing from the Mogul conftitu- 
 tion : And for this a paflage is cited from their 
 memorial to his Majefly, in which they appear to 
 have adopted the ideas his Lordfhip expreftes in this 
 letter of the prcfent ftate o.f that empire ; the noble 
 . Lord forgetting all this while, or at leaft fuppreffiqg 
 from you, that in talking of, and arguing from tha,t 
 conftitution, your directors- had been only conform- 
 ing to his example ; and if they went out of their 
 way, it was to follow him. 
 
 You are now told the cpnftitution of the Mogul 
 Empire exifts no longer, that " it may be laid there 
 " is fuch a prjnce (as the Mogul) but he is almoil 
 " without territory or power, the little he poflefles 
 " not being equal in extent or riches to one twentieth 
 * part of his dominions, and therefore unable tocn- 
 '' force in the provinces any authority that might 
 " have formerly belonged to him, and he is now To 
 " far reduced as to be a captive to, and in the hands 
 " of one of the Soubahs." Hence it is argued, that, 
 however the cafe might be ,if the original conftitution 
 cxiftcd, i^ is improbable the Mogul fhould ever re- 
 cover the antient dominion of his Empire ; and if he 
 fhould, yet " the annual tribute ftipulated to be 
 " paid by the Nabob on his confirmation" comprized 
 the rent in queftion, and the Mogul ought not to be 
 paid both. This laft argument is plealant ; for to 
 make any ufc of it you are to undeftand, that, not 
 having a right to both, he is to be paid neither : the 
 
 noble
 
 L 73 3 
 
 noble Lord very well knew, that the annual trlbutf 
 ftipulated to be paid by the Nabob on his confirma- 
 tion, had not been paid, any more than the treafures 
 of Suraja Dowla have been remitted to Delhi, which 
 was another ftipulation on the Nabob's confirmation, 
 the performance of which his Lordfhip by his letters 
 frequently encouraged the Vizier &c. to expect. Why 
 the laft mentioned ftipulation was not performed, you 
 will guefs. if you recollect in what manner, to what 
 pupoles, and how loon after his acceffion Meer Jaffier 
 had been prevailed on to affume " the rank and 
 -" dignity of a great prince." 
 
 However the difficulty of the Mogul's recovering 
 " the dominion of large and powerful provinces 
 " which have long fhaken off his authority" is now 
 infifted on : and the circumftances upon which the 
 noble Lord thinks proper now to reft the validity of 
 his title are thefc, " that the patent paffed all the ufual 
 " forms of the country, and was founded on the 
 " very fame authority, that the Company had for 
 " all their acquiiitions, the power of a Soubah." 
 " The Nabobs do now (we are told in another place) 
 " and have for many years exercifed all thole fove- 
 " reign rights, regarding the lands, and revenues of 
 (t the provinces, which the Mogul Emperor ever had. 
 ' It is under the authority of the Nabob the Com- 
 pany now hold their Zemindary in the lands fub- 
 ( jec~l to my Jaghire ; it is under the fame authority 
 they now hold, by treaty with the Nabob Cofiim 
 Khan, large diftri&s or country producing near 
 6oo,ocol. a year to them, without paying any rent 
 at all." Hence it is argued, that if Meer Jaffier's 
 grant of the Jaghire to the noble Lord is invalid and 
 ineffectual, Ib likewife is his grant, and that of Coffim 
 Khan to you. 
 
 If thole grants were your title, if there were no 
 objection to his Lordlhip's title arifing from his rela- 
 tion and duty to you, if the fingle queftion between 
 you turned on the power of the grantor (neither of 
 which is the cafe) this argument would be material, 
 and the conclufion would be fair, 
 
 But
 
 L .74 j 
 
 But the clear and plain anfwer to the argument 
 (fhort as it is of the purpose for which it was ad- 
 duced) is that the material faft, on which the whole 
 as built, is miftaken. It is not true, we have feen 
 that it is not true, that your acquifitions are founded 
 ?n the power of the Soubah, You hold not by fo 
 weak a title. If you had no better than could be 
 
 fiven you by any of thofe Soubahs who fince the 
 ays of Aurengzebe according to his Lordfhip, have 
 been withdrawing their allegiance from their matter, 
 and ufurping his fovereign rights, a title fo derived 
 muft participate of the uiurpation on which it was 
 founded, and be liable to the fame objections of ille- 
 gality and injuftice. This is putting the argument 
 in the beft light it will bear ;, for it is fuppofing the 
 ceflkms to have been made you by fome of the pre- 
 <3eceffors of Meer Jaffier, who fupported themfelves 
 by their own ftrength, affected independence of the 
 Mogul, and were certainly independent of you. But 
 to reprefent your title to acquifitions made in the 
 tlays of Meer Jaffier or Meer Coffim as founded on 
 the authority or-power of the Spubah, is an infult on 
 your understandings of fo grofs a kind, as can ferve 
 only 'to Ihow to what wretched fhifts men reduce 
 themielves, who labour to fupport a Claim fo devoid 
 of every real foundation. 
 
 Under God and his Majefty, you hold only of 
 yourfelves ? by your own power, acquired by your 
 own force, by which alone thole Soubahs acquired, 
 and by which alone they likevvife held, their govern- 
 jnents. In a country like that, where, according 
 to the noble Lord, the conftitution is loft in a- 
 narchy and confufion, where no rights are acknow- 
 ledged, nor any laws fubmitted to but thole of the 
 fword ; it is idle to talk. of any other title. 
 
 Tho' in point. of form therefore jthefe acquifitions 
 were ceded to you by Meer Jaffier, and by Meer 
 Coffim ; a form very properly and prudently adhered 
 to, for reafons that ought not, perhaps need not, 
 be more particularly explained ; it is ridiculous to 
 confider thole ceffions as having any effective opera- 
 tion, or thofe acquifitions as -founded in any other 
 
 title
 
 [ 75 J . 
 
 fide than that -of conqueft, the lawful fruits of a 
 juft and fuccefsful war. It was not by parchments, 
 but by thefvvord you acquired this title ; it is by the 
 fword, and not by the parchments, you are to main- 
 tain it. 
 
 What the noble Lord fays of the ceffion made to 
 you by Meer Coffim, is certainly true as applied to 
 the ceffion made to him by Meer Jaffier ; that it is " as 
 " much a coriiequence of the battle of Plaifey, as 
 " the advantages which were gained immediately 
 " after that victory." The queftion then is fairly- 
 reduced to this, whether an acquifition obtained 
 under the influence (direftly or indirectly it matters 
 not) of a force acting under jour orders, and raifed 
 and maintained at your expence, is to be applied to 
 his Lordfhip's private benefit or to your own. And 
 as it is impoflible there can be two opinons on this 
 queftion, I might here clofe the fecond head of our 
 enquiry. 
 
 But left the noble Lord (hould in it's turn abandon 
 the claim infiftcd on by his letter, and revive his pre- 
 tentions under the Mogul conftitution ; and (whether 
 lie does fo or no) to give you a further ipecimen of 
 the truth and candour of the arguments that have 
 been ufed upon this occafion, I will trefpafs a mi- 
 nute longer on your patience, and take Ibme notice 
 of the anfwer attempted to be given to the objections 
 before mentioned, to be drawn from that conftitution. 
 You will remember therefore, that this proceeds on a 
 fuppolition of the conftitution being ftill in its full vi- 
 gour. That the Xabob has no right to alienate the 
 imperial rents, is a propofition proved by the very 
 terms of it. The Emperor, and the Emperor only, 
 can diveft himftlf of his own property. To fuppoic 
 a concurrent power in the Nabob, is to fuppoic the 
 latter indepenclant ; and then, as each may happen 
 to grant the fame thing to different perfons, the fup- 
 poution involves the ablurdity of two co-cxifting ab- 
 iblute rights in different perfons, in one and the 
 fame fubject. 
 
 That the Company may be called to an account by 
 the Emperor for what has been already paid his, Lord- 
 fhip, and that he is therefore accountable to them for 
 
 what
 
 [. t* ];.. 
 
 what he has already received, is but a conclusion 
 from the former pofition ; for if they arc the Em- 
 peror's rents, he has a right to demand them, and it 
 can furely be no anfwer to that demand to fay, you 
 have paid them to Ibmebody elfe, under colour of an 
 alienation from one who had no right to make it. To 
 roeet this conclufion, his Lordihip infifts, that the 
 whole yearly fum payable to the Emperor being made 
 up by the Nabob, that is all he expects ; and it is 
 immaterial to him, what the Nabob does with the 
 rents, or the lands which produce them, which the 
 Nabob therefore may difpofe of as he thinks fit, and 
 out of them confer favours on whom he pleafes. This 
 Argument, you lee, fuppofes that the whole yearly 
 fum will be regularly paid by the Nabob : not to 
 mention how tkofe payments have in faft been made, 
 what reafon can be given why it fhould be required 
 of you to pay this money to any nominee of the Na- 
 bob's, in which you could be fafe no longer than 
 while the Nabob was punctual in his payments, and 
 thus take upon yourfelves the rifque of his becoming 
 thro' difhoneity unwilling, or thro' diflipation unable 
 to pay the Mogul what he had a right to demand, 
 and what, if not paid otherwife, he would certainly 
 demand of you. 
 
 But taking his Lordfhip's anfwer to this objection 
 to have more colour than it has ; fuppoiing, for the 
 fake of the argument, you might rely on the Nabob's 
 care to indemnify you, by his punctuality with the 
 Mogul againft any ill conferences of your accommo- 
 dating your payments to his (the Nabob's) pleafurc 
 in favour of his nominee ; From this very anfwer 
 arifes the next objection ; which is, that at moft the 
 Nabob's alienation could exift no longer than his own 
 government, and was not binding on his Succeffor; 
 for could it he icrioully expefled in any period of the 
 Mogul gov eminent, that any Nabob fhould have fo 
 much regard for his predeceffbr's favourites, as to 
 make himtelf accountable to his mailer for what they 
 and not he, received. It is no anfwer to this to fay 
 that " there are numbers of Jaghires in the province of 
 " Bengal, granted by former Nabobs, itjll fubfift- 
 
 "
 
 [ 77 3 
 
 *' ing ;" which only proves, that the conftitutrot* 
 that forbad it is not iubiiflmg. The infmuation that 
 Meer Jaffier was depoied to introduce this objection, 
 will not be thought to require a ferious anfwer. To 
 the full as extraordinary (not to remark the incon- 
 fiftency) is his Lordfhip' s doubt, whether Meer Jaf- 
 fier was really depofed or no. 'Tis certain (and the 
 form of the flipulation between Meer Coffim and the 
 Company, to which his Lordfhip refers, proves it) 
 that it was not at firft intended to do more than make 
 Meer Coffim regent, and leave the Soubahfhip no- 
 minally with Jaffier; yet his Lordfhip, and all who 
 know that tranfaction, know that Jaffier himfelf dif- 
 npproving this, and being induced by his fears to 
 wilh himfelf fafe under the Company's protection at 
 Calcutta, he quitted the Munfub, Cofiim afcended 
 it in form, and became nominally as well as really 
 Soubah. His Lordfhip here affects to fuppofe, your 
 Directors intended " to retain his Jaghire for the 
 " benefit of the Mogul, to the prejudice of him, and 
 " of their country." To eafe his Lordfhip of that 
 Apprehenfion, there feems very little reafon to doubt, 
 that if his Lordfhip's pretentions had not obftrudted, 
 your Directors would, as was their duty, have taken 
 the proper meafures to fecure it for you, who have 
 the beft title to it, conformably to the policy of ypur 
 wifeft and honefteft iervants in fimilar cafes. 
 
 By the Mogul conftitution the being an Omrah 
 was an indifpenlable qualification, without which no 
 man could have a Jaghire. To make out his title 
 under that conftitution, his Lordfhip had ftated him- 
 felf to be pofiefied of that dignity under a fuppofed 
 creation in the year 1757 ; and he claimed, it feems, 
 a Jaghire as fort of incident to it. 
 
 " To fupport that dignity (fp.ys he) tlie Soubah, 
 ? c according to the cuftom of the country, afiigns a 
 te J a ghire or eftate within his own province." His 
 Lordlhip very well knew, that in the prefent ftate of 
 things no fuch confequence follows that dignity: he 
 knows many Omrahs without Jaghires : Mr. Watts 
 and Col. Cootc are both : if I miftake not, of that 
 number, 
 
 His
 
 His Lordfliip affe&s to be furprized, that your Dl- 
 rectors fhould prelume to doubt his having had the 
 honour of an Omrah conferred on him, having (as 
 he lays) " a copy of his patent in their cuftody." 
 Whether they had a copy of what he calls his patent 
 in their cuftody, I know not ; but I am informed, 
 and have every realbn to believe my information true, 
 that there are certain books ufually tranfmitted from 
 each of your fettlements, which contain, or ought 
 to contain, copies of all the letters that pafs between 
 your Prefidents and the people of the country ; and 
 that your Directors had, and ftill have in their cufto- 
 dy, one of thofe books delivered by the noble Lord, 
 containing copies of various letters to his Lorclfhip 
 from the Court of Delhi, from the Emperor, the Vi- 
 zier, and the Buxey (the two principal officers of ftate) 
 fublequent to the fuppofed date of his patent, none of 
 which either ftyle him an Omrah, or make the leaft 
 mention of his having any fuch title conferred on 
 him ; a filence in his Lordlhip's own judgment fo in > 
 confiftent with the idea of his being really an Omrah, 
 that in a letter from the noble Lord to the Vizier, in 
 the fame collection, dated Sept. 19, 1758, are thefe 
 words : " Obferving you have not directed your letter 
 to me with the title the world fays I have given me, I 
 am at alofs to know whether it is genuine or not ; be- 
 caufe (therefore, I fuppofe his Lordfhip means) I can- 
 not write to the King to return him thanks for his 
 favour " 'till I am certain." The book, I am told, 
 furnifh.es no anfwer to the doubt which the Vizier is 
 thus defired to folve. Unluckily his Lorclfhip has 
 mifiaid one of thefe books, containing a month or 
 two's letters : when called for by your Directors, it is 
 faid, it could not be found. By this unlucky acci- 
 dent, our curiofity to know more of this correfpond- 
 ence cannot be gratified : and neither you nor I can 
 poffibly guefs, what that book would have appeared to 
 contain if it had not been loft. After this perhaps it 
 will not furprize you, though it furprized my Lord, 
 that your Directors fhould adopt his own doubt of the 
 authenticity of his patent. 
 
 But
 
 [ 79 I 
 
 But fuppofmg my Lord's patents for the Omrufhip 
 and for the Jaghire, both genuine, it fcerrls to have 
 given his Lordfhip offence, that your Directors fhould 
 object to his acceptance of thofe patents, as contrary 
 to his duty to the Company, fince it might thereby 
 become his duty to affift the Mogul and the Nabob ia 
 war, even againft the Company. This objection his 
 Lordihip treats as very ridiculous. " The titles of 
 honour ufcd in Europe, fays his Lordfhip, are un- 
 known to the Indians." I know not what truth or 
 relation to the purpofe there may be in that obferva- 
 tion ; but furely his Lordihip depends a good deal oa 
 the European ignorance of Indian titles, when he tells 
 us that that of an Omtah is " a meer compliment 
 which doe* not lay any obligation on the part of the 
 perfon receiving fuch honour, to render the Mogul 
 any lervices whatfoever. I am forry he has this no- 
 tion of the titles of any country. To an European 
 car the title itielf feems to import a defignationof the 
 fervice to be performed. " I was created, fays his 
 Lordfhip, an Omrah of the command of 5000 foot, 
 and the rank of 6000 horfe. Let us hear Mr. Du- 
 pleix's notions of this matter, who, as my Lord ob- 
 ferves, had one of thefe titles* In a letter of the 7th 
 of Oft. 1742, he thus explains them : " The title of 
 Azary is in this country a title of great honour. It 
 is likewife called Muofabdar and Omrah. Dukes, 
 Counts, and Marquiffes are here unknown. The 
 great are only diftinguifhed by the number of Azary. 
 Azary means- a thoufand. Thus when we fay fuch a 
 one is 2, 3, 4, 5, 6, or 7 Azary, it means that he has 
 the command of fo many thoufand' horfe. The Mo- 
 gul's fon is the only perfon that has ten. It is the moil 
 eminent quality one can arrive at in this empire. The 
 people of the country regard it as fomethlng very 
 coniiderable. He who has it has the title of Nabob, 
 and is confidered as fuch. He marches with the lame 
 marks of honour, &c." Then he goes on to defcnbe 
 the flags, drums, trumpets, hautboys, elephants, &c 
 with which the noble Lord has a right to be accompa- 
 nied, and he concludes thus : " Les plus grands 
 avantages cle ces titres font les-revenus qui font biea 
 
 con-
 
 [ So ] 
 
 toniide rabies. // ne convient pas de las demander -Je qUt 
 I 1 on ferott oblige de fournir fen contingent en Cavaliers 
 lors qifon feroit requis" I give the French becaufe 
 there is a pleafantry not to be tranfTated in the French- 
 man's expreffion of the melancholy reflection, which 
 obliged him to abftain from thole tempting revenues, 
 which his title he fuppoies authorized him to demands 
 It means in fubftance this : " The greateft advantage? 
 of thefe titles are the revenues, which are very conir- 
 derable; but it is not quite prudent to demand th'em^ 
 fince one fhall then be obliged to furnifh one's con- 
 tingent in horfe, whenlbever it is required-}-.'" Left 
 this fhould not be fufficient let us hear what my 
 Lord's ingenious friend, Mr. .Scrafton, thinks upon 
 this fubjeft. Speaking of the Jaghire in queftion, 
 " It was givn him (lays that able writer) as a reve- 
 nue to fupport the dignity of an Om'rah of the em- 
 pire, for which he is fuppofed to maintain 6000 men, 
 and is in the country language called a Jaghire, which 
 is not unlike the lands formerly held in England by- 
 Knight's fervice*." Other writers (his Lofdihip 1 
 knows who) define a Jaghire to be " a provifion for 
 the great officers of Hate and Omrahs, for which 
 they pay no rent but perform military fervices ; being 
 granted to them to fupport their dignity, and provide 
 forces when called upon by the Emperor." After all, 
 the noble Lord is not to imagine that the Directors 
 meant to have it underftood, that they had any ferious 
 apprehenfion of having the ftrength of his arm to 
 contend with in India. They thought however that a 
 title, which made this his duty, was unfit for his ac- 
 ceptance, and incompatible with his relation to you. 
 
 His Lordfhiplikewife thinks it hard that he fhould 
 be referred for his remedy to the Mayor's Court of 
 Calcutta, the Judges of which, he lays, are depend- 
 ents on the Company, or to the Courts of the Empe- 
 ror or Nabob, whole mandate or procels (he fays) 
 cannot be enforced againft the Company. What 
 Would have been the proper remedy if there were a 
 
 right, 
 
 t Meraoire pour la Cotnpagnie des Incles centre le Sieur DU-* 
 * Mr- Sgiafion's Book, p. 125.
 
 [ 8. ] 
 
 tight, fince there is none, we need not give ourfelve* 
 much trouble to enquire. 
 
 I have been told however, by perfons long rcfident 
 in India, that the Mayor's Courts in your fe'veral fct* 
 tlements are, .what they certainly ought to be, as in- 
 dependent of the Company as any court inWeftmin- 
 fter-Hallof the crown. The Prefiderit and Council 
 indeed (to whom art appeal lies) ought to be dependent 
 on the Company. A majority of them have fome- 
 times thought bthervvii'e : but if the correction pro- 
 perly applied to their dilbbedience of the Company's 
 juft orders fhould produce the contrary extreme, a 
 difpofition to obey an unjuft order, and fuch fhould 
 be lent them, his Lordfhip forgets that he has ftill 
 an appeal to the King in council, where their injuilice 
 would certainly be redrevTed. 
 
 As to the courts of Hindoftan, if that conflitution 
 were fubfifting, thofe courts are certainly the moil 
 competent judges of their own laws. To thofe courts 
 therefore your clireftors did properly refer him for 
 the dilcuffion of a claim pretended to be founded on 
 that conftitution. If that empire be (as the noble 
 Lord now reprefcnts it, and I beliave truly) refolved 
 into anarchy, in which private force has confounded 
 public order, your own the prevailing power, your 
 Directors thought it neither juft nor prudent to let 
 an individual tervant, without your confent, and in 
 ciirefifc oppofition to your intcrcfts, lay his hand on 
 any part of the plunder which had been conquered at 
 your charge, efpecially on fuch a part as places you 
 in fubjeftion where, in their judgment, you ought 
 moft to wifh for independence. 
 
 I mud not difmiis the fubjcct without taking notice 
 of another circumltance which my Lord thinks a ma- 
 terial ingredient in his title, and that is, the fuppofed 
 acquiefcenee of y.our Court of Directors, and, indeed, 
 their confirmation, as he fuppofes, by aclual and re- 
 peated payments to him of the revenue in queftior. 
 " I muft acquaint the Proprietors (iays he) that the 
 <f rents of my Jaghire were regularly paid me during 
 " the time I was in Bengal ; and fince ir.y return 
 " home, have been received by my attornies in Ben- 
 G gal,
 
 " gal, and remitted to me as the fhips failed from 
 i( thence in bitls on the Company here, which were 
 " always regularly paid without objection until May 
 " laft, when on the fliips going out for Bengal, which 
 " were the firft that went out after the election on 
 " that voyage, I was given to undcrftand that or- 
 tl ders had been lent to ftop the payment of my Jag- 
 " hire." Tn another place We are told > " The firft 
 *' ftep my opponents took after the election, was to 
 *' order their Icrvants abroad to ftop the rents of my 
 " eftate in the Eaft-Indies, which they themfelves 
 " had regularly paid me for feveral years without ob- 
 " jeftion. Their motives for taking fuch a ftep, at 
 t( fuch a time, are too obvious to be inftfted on.'* 
 The " difhonourable motivcs' r of the court of Direc- 
 tors are in many other places infifted on, and in one 
 place we are told, " The Company having paid my 
 ** jaghire fo long without any objection, &c. one 
 " might be at a lofs to conceive what foundation in 
 " realbn there could be for the Directors fending fuch 
 " orders to Bengal." 
 
 What 'foundation in reafon there was for lending 
 fuch orders we have already fecn. Perhaps you will 
 not think that any objections founded in reafon to the 
 fending fuch orders can be drawn from the payments 
 thus reprefented as payments by the Company, and 
 to the noble Lord, when you are told that thofe 
 payments were at firft made by Lord Clive the prefi- 
 dent of your council at Bengal, to Lord Clive the 
 Omrah, and the Jaghiredar; and fmce to Mr. Van- 
 fittart the agent of that Omrah and Jaghiredar by Mr. 
 Vanfittart the Prefidcnt of your Council. As to the 
 bills by which this money was remitted to Englandj 
 drawn on the Company by their proper officer abroad, 
 and paid by them without objection, it w-ould be im- 
 pertinent in me to be telling you that bills of ex- 
 change do not particularize the nature of the confide- 
 ration, and confequently it would be a ridiculous ob- 
 jection to the payment of the bills for the Company, 
 to fay, the money which you paid into our treafury 
 for thofe bills was not your own. 
 
 Such
 
 Such arguments as thcfe you will probably think do 
 net deferve an anfwer : but I have too much reipcct 
 for the noble Lord who condefcends to ufe them to 
 j>afs over ia iilence any thing he thinks proper to 
 fay. 
 
 That refpect muft be my apology for detaining you 
 by a word or two more on the iubjedt of thole orders, 
 which his Lordfhip chutes to refer to a fmgle Director, 
 though he well knew they were iigned by twenty. 
 Thole orders, his Lordfhip chutes to luppofe, proceed- 
 ed from refentment of his conduct at a former election, 
 and were meant by thofe who gave them to deprive 
 him of what they knew to be his property. With 
 what propriety the fubject-matter of the orders is call- 
 ed his property we have confidered. The letter he 
 cites of Mr. Sulivan to Mr. Vanfittart imports, that 
 " had it not been for him (Mr. Sulivan) the meafure 
 " would have taken place years ago." It was, then, 
 in the opinion of the directors of former years a proper 
 meafure: Mr. Sulivan' s reafons for employing his in- 
 fluence to fufpend it, he told you himfclf "at a general 
 court, and they appeared to have a reafonable founda- 
 tion in jufttce and attention to your interefts. But to 
 put the worfl conftruction on his conduct, let us fup- 
 polc his former oppofition to the meafure arofe merely 
 from his private friendfhip to my Lord, and that, the 
 late election having abated the cordiality of that 
 friendfliip, he oppoled it no longer ; his oppofition to 
 a proper meafure from Tuch a motive would have been 
 matter of juft imputation from you, or from me, but 
 furely it would have been no impeachment of his 
 Lordfhip's gratitude if he had left you or me to make 
 it. In the laft paragraph of that letter which has been 
 invidioully wrefted to another fente, it is not eafy to 
 difcover any tiling more than the letter-writer's friead- 
 ihip and afte&icn to his corrcfpondent, whole double 
 relation to hjs Lordfhip and to the Company could not 
 fail to embarrals him on the receipt of thefe orders : in 
 that delicate fituation it is recommended to him with 
 equal fnendihip and prudence to follow the ftrict line 
 of the orders that fhould be lent him. it that gentle- 
 man, the fingle director, as my Lord's friends affect 
 
 G 2 tO .
 
 [ 84 J 
 
 to call him, if that gentleman's attachment to you? 
 intefefts would have given way to his fuppofed love of 
 power, if he would have given himfelf leave to prelerve 
 that power at your expence, many of you know, *ti$ 
 tit all of you fhould know, that you aad I might have 
 ipared ourfelves the trouble we are giving each other 
 at this moment: upon thofe terms he might have been 
 fpared a great deal of trouble, to which he has lately 
 expofed himfelf. 
 
 Let us return from this digrcflion and here we 
 clofe our fecond head, having fubmitted to your confi- 
 deration fucli reafons as feem to warrant this conclu- 
 lion, that vyhichfoever alternative my Lord will finally 
 abide by, whether he chufes to fuppofe the Mogul 
 conititution broken up and deftroyea or ftill fubfifting, 
 cither way his claim is equally-invalid, and can neither 
 be maintained on the principles of that conftitution., 
 nor on thole of this or any country, in which the du- 
 ties and rights arifing from the relation of a fervant to. 
 his mafter, or an officer to the prince, ftate, or Com- 
 pany that employs him, have been at all recogni/.ed 
 ;ind underftood. 
 
 The laft connderation, which I propofed to trou- 
 ble you with, was the probable conlequence of affirm- 
 ing his claim in the manner it has been made : and 
 though this confequence refults ftrongly from what has 
 'been laid, I think it important enough to prefent it as 
 u d'iftinc~l article to your confideration. 
 
 Let not your ideas of the noble Lord's merit (for 
 that he has merit, I never meant, it would be unjuft 
 to deny) influence you to give gratuitoufly what in 
 point of juftice there is clearly no right to demand. 
 The pernicious confequences to you will be beneficial 
 to thofe who have not that merit, moil likely be fo to. 
 thofe who have no merit at all. So pernicious will 
 thole confequences be, that if, in your opinion, the 
 prefent condition of Bengal renders it ablblutdy ne- 
 ceiTary you fhquld give his Lordfhip the trouble of an- 
 other voyage to India, and your own opulence or his 
 dignity dilpofes you'to deiire this favour upon terms 
 of great advantage to him, reward him up to the vain- 
 e.1 ideas of his paft fervices or moft romantic expefta-
 
 [ 85 ] 
 
 *ion of future; but let that not reward be your affirm- { 
 ,ance or accjuieicencc in a claim, which, if it has in any 
 Degree your fanftion, may Be fatal to the Company. 
 
 , To affirm his title to the thing he claims, is to 
 eftablifh a principle, upon which every officer entrufted 
 with the direction of your power in Hindoftan will iup- , . 
 pofe himfclf authorized to employ that power in mak- 
 ing private acc]uilitions of money or land for his own 
 benefit. To let the mifchief of this idea in the ftrong- 
 eft light, imagine for a moment that you were now 
 renters under your own fervants, Mr. Vanfittart, &c. 
 of all the lands you pcffefs in India at half their annual 
 value. Who is ablhrd enough to endure that imagi- 
 nation ? And yet there is as much reafon for your be- 
 coming renters to thofb gentlemen in that manner as 
 for remaining ib to the noble Lord ; unlefs the circum- 
 ilance of his having done without your leave or privi- 
 ty what they likewife might have done, but did not, 
 gives him a preference. Through thofe gentlemen's 
 ilri&er notions of their duty, you have etcaped that 
 danger j but does no danger remain ? 
 
 You have a great force in India. Multitudes are 
 continually crouding into your lervicc. It is the ob- 
 ject of all the deftitur.e, the avaritious, and the ambi- 
 tious. Is this then the hour to hold out encourage- 
 ment not to promote your mercantile interefts, nor 
 even to plan conquefts' with a view to your emolu- 
 ment, but to foment fuch fort of war, and to wage it 
 in fuch manner, and to fuch purpofes, as will beft lervc 
 to accumulate upon individuals riches unknown before 
 in Europe ? The mifchief will not be confined to your 
 military department ; the civil will catch the contagion. 
 If yourfobereft fervants find themfclves encouraged by 
 any precedent, to turn off their attention to the ac- 
 quilition, by force or intrigue, of an influence among 
 the country powers, with a view to derive from thence 
 a private benefit, the means of doing this are ib open, 
 the temptation to ftrong, that few will have the virtue 
 to refill it. Few can relift the allurement of great for- 
 tunes to be obtained without induftry and without 
 merit. Few will perfift in their deftined drudgery in 
 your femce, with a profpetl at the end of a long and 
 
 laborious
 
 [ 36 ] 
 
 ^laborious life of attaining fcarce a hundredth part cf 
 the reward, which it is in their immediate power to 
 feize; and while other " individuals " are ." in confe- 
 " quen.ce of their fuccefs acquiring large eftates, " 
 They would leara to fear " what the world would lay, 
 <c ftiould they come home and reft upon the generofity 
 " of the court of Dire&ors. " This country will 
 then fwarm with Omrahs. Hindoftan will be parcelled 
 out into Jaghires. Your trade will be neglected : your 
 funds, until they are exhausted, will be employed in 
 acquiring and defending titles, in which you have no 
 intereft. Great men, and little ones who will foon be- 
 come great, the hungry dependents and inftruments of 
 power, will be thus provided for; and a new fource of 
 influence to be employed in the weft will be (if it is 
 not already) opened in the eaft. Such is your fitua- 
 tion ; and this the moment to determine, whether you 
 will check this inordinate luft of gain, or indulge it. 
 The fate of the Company depends pn the relblution 
 you take. 
 
 After all, perhaps, upon cooler confederation you 
 will find the condition of your lettlement is far from, 
 requiring this dangerous remedy. If Major Adams 
 with a fmall force could defeat the Nabob at the head 
 of a powerful and numerous army, furely the fame 
 officer reinforced, as he will foon be, might be trufted 
 to purfue hii victory over the broken remains of that 
 army. 
 
 Perhaps I ought nqt to conclude without requefting 
 your indulgence to the inaccuracies unavoidable in ib 
 hafty a coinpoiltion. You would have been troubled 
 with thefe ientiments much fooner, if the noble Lord 
 had not told us at the general court, that it was not 
 his intention to refer this queftion to your dccifion. 
 The public intimation of his prefent intention in that > 
 rcipecl: is ib recent, that it has hardly afforded time 
 to throw them upon paper. The author flatters him- 
 lelf, you will find them fuch as became a man con- 
 cerned for the honour and profperity of the Company, 
 and regardful of the relation this important branch of 
 trade bears to the well-being of his country. If in 
 rxpreffing them the noble Lord fhpuld think his con- 
 duct
 
 [ 8? ] 
 
 cluft or his arguments treated with more freedom than 
 they ought, his example muft be my excuie. He will 
 be pleafed to recollect, who it was that firil brought 
 the queflion to the tribunal of the public, a queflion 
 that on many accounts had been better referved to a 
 more private difcuflion. I have a better opinion of 
 his Lordfhip';, juftice, than to fuppofe he would wifh 
 you to decide it without hearing all that can be faid 
 on both fides, not to mention that his letter expreflcs, 
 in various parts of it, a defire to know what can be ob- 
 jected to a claim, which he thought fo clear. It has 
 been my aim to write with every degree of refer ve, 
 and reipeft for his real merit, that can confift with the 
 opinion I entertain ; that be that merit great as it may, 
 it affords not an adequate pretenfion to the thing lie 
 demands. To grace himfelf with infinite commenda- 
 tion in every page of his letter was eflcntial to his 
 manner of arguing ; " it was not a fally of oftentatious 
 '* vanity, " but really neceffay to his Lordlhip's ar- 
 gument. To correct the excefs of that argument, and 
 to fet in a fairer and fuller light on the fubjeft was 
 equally necefTary to mine. The liberty his Lordfhip 
 has taken in this and other publications with names, 
 which in my judgment the Company has every reafon 
 to hold dear, has not provoked me to go further into 
 that fort of difcuflion than mv prefent fubjeft requi- 
 red. In this I claim fome merit with his Lordfhip : 
 It intitles me to exped\, that if on fome future occa- 
 fion a fuller underftanding of thofe pafTages fhould 
 be requifite, his Lordfhip with the greatnels and libe- 
 rality of a noble mind, will hold me excufed in pur- 
 fuing that difcuflion, difagreeabla as it will be to me, 
 % little further. 
 
 FINIS.
 
 - Jitf Publifad by T. E V A N S. 
 
 I. npHE PRESENT STATE of the EAST-INDIA COM- 
 J. PANY's AFFAIRS, comprehending the Accounts de- 
 livered by the Court of Directors to the Treafury, which were 
 laid before the Committee of Secrecy. To thcfe accounts is 
 prefixed, an Addrefs to the Public, Price 35. 6d. Royal Paper 
 
 II? REPORT from the COMMITTEE of PROPRIETORS,- 
 app-nnted on the ift of December, 1772; by the General 
 Cr irt of the United Kali-India Company, to enquire into the 
 prcf, nt State and Condition of the Company's Affairs Price is. 
 
 III. A Letter to the above Committee of Twenty-Five Proprietors- 
 of India Stock, by a Member of the Committee. 6d. 
 
 IV. The GENUINE MINUTES of the SELECT COMMIT-' 
 TEE, appointed by the Houfe of Commons, airembled at 
 Weftminfter, in the Fifth ScfTion of the Thirteenth Parliament 
 of Great Britain, to enquire into Raft India Affairs. Con- 
 taining the moft authentic, hirtorical account of the Various 
 Revolutions, and other extraordinary Events, that have hap- 
 pened in India, from the Commencement of Lord dive's Go- 
 vernment, to the lateft Advices received by the Honourable 
 Englifh Eaft- India Company. Price jS. 6<1. fewed. 
 
 V. The GENUINE REPORT of the above made to the Houfa 
 of Common, is. 
 
 VI. Firll Report from the Committee of Secrecy appointed by the 
 Houfc of Commons, to enquire into the State of the Ealt-India 
 Company, zs. 
 
 VII. Second, ditto. 4 s. 6d. 
 
 VIII. Third, ditto. ios6cl. 
 
 IX. Firfl Report of the Seleci Committee 1773, tos 6d. 
 
 X. Second, ditto. 55. 
 
 XI. Extract of a Letter from the Governor and Council at Fort 
 William, to the Court of Directors, dated jd November, 1772, 
 Tranfmitting a Letter from the Committee of Circuit, at Cof- 
 limbuzar, and a Plan, framed by that Committee, for the Ad- 
 mimitrarion of Juftice in Bengal, is. 
 
 Xil. An Inquiry into the late Mercantile Dili re fibs in Scotland 
 r.nci England ; \vith a few Thoughts on the Caufes of the Dif- 
 ficulties that now prevail among ft the grcateft part of the In- 
 habitants ot the whole Ifland j in a letter to the Earl of 
 
 Price as. 6d. 
 
 XIII. The Hifrory of the Ten Firft Years of the Reign of George 
 the Third, King of Great Britain, &c. to the Conclufion of 
 the Sefiion of Parliament ending in May, 1770. To which 
 is prefixed, A Review of the late war. Price 55. fewcd,or 6s. bd. 
 
 XIV. An Effay on the Revolutions of Literature, tranflated 
 from the Italian of Sig. Carlo Denina, Hrofeffor of Eloquence 
 and Belles Lettres in the Univerrity of Turin, by John Mur- 
 doch. Price 35. fewed. 
 
 XV. The Law of Nations ; or, Principles of the Law of Nature ; 
 applied to the Conduft and Affairs of Nations and Sove- 
 reigns, byM. de Vattel. A Work tending to difplay the true 
 intcrci; of Powers,- uanflateci from the French. Price iiS. bJ.
 
 27 85
 
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