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which sum the said Barwell, not being authorized to accept any pecuniary consideration, did at ❝ first refuse; but upon Fyzoola Khân's urging, that on such occasions it was the invariable "custom of Hindostan, and that it must on the

present be expected, as it had been formerly the "case" (but when, does not appear); he the said Barwell did accept the "said lack in the name of the Vizier, our ally, in whose wealth (as "Warren Hastings on another occasion observed) "we should participate," and on whom we at that time had an accumulating demand.

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IX.

That, over and above the lack of rupees thus presented to the Vizier, the Nabob Fyzoola Khân did likewise offer one other lack of rupees, or upwards of £. 10,000 more for the Company, as some " acknowledgment of the obligation he received: "that although such acknowledgment was not "pretended to be the invariable custom of Hin"dostan on such occasions, however it might on "the present be expected," Mr. Daniel Barwell aforesaid (knowing probably the disposition and views of the then actual Government at Calcutta) did not, even at first, decline the said offer, but, as he was not empowered to accept it, did immediately propose taking a bond for the amount, until the pleasure of the Board should be known.

That

That the offer was accordingly communicated by the said Barwell to the Resident Middleton, to be by him the Resident referred to the Board; and that it was so referred; that in reply to the said reference of the Resident Middleton, the Governour-General (Warren Hastings) did move and carry a Vote of Council," authorizing Mr. Middleton to accept the offer made by Fyzoola "Khân to the Company of one lack of rupees," without assigning any reason whatever in support of the said motion, notwithstanding it was objected by a member of the Board," that, if the measure was right, it became us to adopt it without such

66

a consideration;" and that "our accepting of "the lack of rupees as a recompense for our interposition is beneath the dignity of this Govern"ment (of Calcutta) and will discredit us in the eyes of the Indian Powers."

That the acceptance of the said sum, in this circumstance, was beneath the dignity of the said Government, and did tend so to discredit us; and that the motion of the said Hastings for such acceptance was therefore highly derogatory to the honour of this nation.

That the aforesaid member of the Council did. further disapprove altogether of the guarantee, as unnecessary; and that another member of

Council,

Council, Richard Barwell, Esquire, the near relation of Daniel Octavus Barwell, hereinbefore named, did declare (but after the said guarantee had taken place) that "this Government (of Calcutta) was in fact engaged, by Colonel Cham"pion's signature being to the treaty with Fyzoola "Khân," that the said unnecessary guarantee did not only subject to an heavy expense a prince, whom we were bound to protect, but did further produce in his mind the following obvious and natural conclusion; namely, "that the signature of any person, in whatever publick capacity he at present appears, will not be valid and of effect, as soon as some other shall fill his station," a conclusion, however, immediately tending to the total discredit of all powers delegated from the Board to any individual servant of the Company, and consequently to clog, perplex, and embarrass, in future, all transactions carried on at a distance from the seat of Government, and to disturb the security of all persons possessing Instruments already so ratified; yet the only conclusion left to Fyzoola Khân, which did not involve some affront either to the private honour of the Company's servants, or to the publick honour of the Company itself; and that the suspicions, which originated from the said idea in the breast of Fyzoola Khân to the prejudice of the Resident Middleton's authority, did compel the Governour-General, Warren Hastings, to obviate

the bad effects of his first motion for the guarantee, by a second motion, namely, "that a letter be "written to Fyzoola Khân from myself, confirming "the obligations of the Company, as guarantees to "the treaty formed between him and the Vizier; "which will be equivalent in its effect, though not "in form, to an engagement sent him with the "Company's seal affixed to it."

XII.

That whether the guarantee aforesaid was or was not necessary; whether it created a new obligation, or but more fully recognised an obligation previously existing; the Governour-General, Warren Hastings, by the said guarantee, did, in the most explicit manner, pledge and commit the publickdi faith of the Company, and the nation; and that by the subsequent letter of the said Hastings (which he at his own motion wrote, confirming to Fyzoola Khân the aforesaid guarantee) the said Hastings" did again pledge and commit the publick faith of the Company and the nation, in a manner (as the said Hastings himself remarked) " equivalent to an engagement with the Company's seal affixed to "it;" and more particularly binding the said Hastings personally to exact a due observance of the guarantied treaty, especially to protect the Nabob Fyzoola Khân against any arbitrary con struction, or unwarranted requisition of the Vizier.

"

ed

&

T

THANKS OF THE BOARD TO

FYZOOLA KHÂN.

a

THAT soon after the completion of the gua. rantee, in the same year 1778, intelligence was received in India of a war between England and France; that on the first intimation thereof the Nabob Fyzoola Khân, “being indirectly sounded,' did show much "promptness to render the Company any assistance within the bounds of his "finances and ability;" and that by the suggestion of the Resident Middleton, hereinbefore named, he (the Nabob Fyzoola Khân) in a letter to the Governour-General and Council did make a voluntary "offer to maintain 2,000 cavalry (all he "had) for our service;" "though he was under no obligation to furnish the Company with at "single man.

II.

That the Nabob Fyzoola Khan did even "anti"cipate the wishes of the Board;" and that" on "ane application made to hin by Lieutenant"Colonel Muir," the Nabob Fyzoola Khân did, "without hesitation or delay," furnish him (the said Muir) with 500 of his best cavalry.

That the said conduct of the Nabob Fyzoola

Khân