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Updated: May 24, 2025
VIII. That, from the attestation of Colonel Champion aforesaid, the government of Calcutta acquired the same right to interpose with the Vizier for the protection of the Nabob Fyzoola Khân as they, the said government, had before claimed from a similar attestation of Sir Robert Barker to assist the Vizier in extirpating the whole nation of the said Fyzoola Khân, more especially as in the case of Sir Robert Barker it was contrary to the remonstrances of the then administration, and the furthest from the intentions of the said Barker himself, that his attestation should involve the Company, but the attestation of Colonel Champion was authorized by all the powers of the government, as a "sanction" intended "to add validity" to the treaty; that they, the said government, and in particular the said Warren Hastings, as the first executive member of the same, were bound by the ties of natural justice duly to exercise the aforesaid right, if need were; and that their duty so to interfere was more particularly enforced by the spirit of the censures passed both by the Directors and Proprietors in the Rohilla war, and the satisfaction expressed by the Directors "in the honorable end put to that war."
And that the aforesaid Warren Hastings did, therefore, in recording the answer of Fyzoola Khân as an evasion of treaty, act in notorious contradiction not only to that which ought to have been the fair construction of the said treaty, but to that which he, the said Hastings, must have known to be the Vizier's own interpretation of the same, disposed as the Vizier was "to reproach Fyzoola Khân with breach of treaty," and to "send up persons who should settle points with him."
Fyzoola Khân could not be ignorant that we had no occasion for any succors of infantry from him, and that cavalry would be of the most essential service. IV. That, in his aforesaid authentic evidence of his own purposes, motives, and principles, in the third article of the treaty of Chunar, the said Hastings hath established divers matters of weighty and serious crimination against himself. 1st.
V. That, even in case the Vizier should march in person, it might be reasonably doubted whether the personal service of the Nabob Fyzoola Khân "with his troops" must be understood to be with all his troops, or only with the number before stipulated, not more than three and not less than two thousand men; and that the latter is the interpretation finally adopted by Warren Hastings aforesaid, and the Council of Bengal, who, in a letter to the Court of Directors, dated April 5th, 1783, represent the clauses of the treaty relative to the stipulated aid as meaning simply that Fyzoola Khân "should send two or three thousand men to join the Vizier's forces, or attend in person in case it should be requisite."
George," where Hafiz Rhamet, the great leader of the Rohillas, and many others of their principal chiefs were slain; but, escaping from the slaughter, Fyzoola Khân "made his retreat good towards the mountains, with all his treasure."
"With respect to Fyzoola Khân, he appears not to merit our consideration. The petty sovereign of a country estimated at six or eight lacs ought not for a moment to prove an impediment to any of our measures, or to affect the consistency of our conduct."
Middleton with respect to Fyzoola Khân, it may be justly inferred that the said Hastings did not interfere to check the proceedings of the said Middleton on that subject; and that by such criminal neglect the said Hastings did make the guilt of the said Middleton, whatever it might be, his own.
XI. That the report of the said protest, as well as the former letter of the said Johnson, were by the Resident, Middleton, transmitted to the board, together with a letter from the Vizier, founded on the said report and letter of the said Johnson, and proposing in consequence "to resume the grant, and to leave Fyzoola Khân to join his other faithless brethren who were sent across the Ganges."
VII. That some time about the month of August an engagement happened between a body of Fyzoola Khân's cavalry and a part of the Vizier's army, in which the latter were beaten, and their guns taken; that the Resident, Middleton, did represent the same but as a slight and accidental affray; that it was acknowledged the troops of the Vizier were the aggressors; that it did appear to the board, and to the said Hastings himself, an affair of more considerable magnitude; and that they did make the concealment thereof an article of charge against the Resident, Middleton, though the said Resident did in truth acquaint them with the same, but in a cursory manner.
VI. That from the aforesaid terms of the treaty it doth not specifically appear of what the stipulated aid should consist, whether of horse or foot, or in what proportion of both; but that it is the recorded opinion, maturely formed by the said Hastings and his Council, in January, 1783, that even "a single horseman included in the aid which Fyzoola Khân might furnish would prove a literal compliance with the stipulation."
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