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that they, as well as he, were bound by an oath of secrecy : which refusal to obey the orders of the Court of Directors (orders specially, and on weighty grounds of experience, pointed to cases of this very nature) gave rise to much jealousy, and excited great suspicions relative to the motives and grounds on which the Rohilla war had been undertaken.
That the said Warren Hastings, in the grounds alleged in his justification of his refusal to communicate to his colleagues in the Superior Council his correspondence with Mr. Middleton, the Company's Resident at Oude, was guilty of a new offence, arrogating to himself unprecedented and dangerous powers, on principles utterly subversive of all order and discipline in service, and introductory to corrupt confederacies and disobedience among the Company's servants; the said Warren Hastings insisting that Mr. Middleton, the Company's covenanted servant, the public Resident for transacting the Company's affairs at the court of the Subah of Oude, and as such receiving from the Company a salary for his service, was no other than the official agent of him, the said Warren Hastings, and that, being such, he was not obliged to communicate his correspondence.
That the Court of Directors, and afterwards a General Court of the Proprietors of the East India Company, (although the latter showed favorable dispositions towards the said Warren Hastings, and expressed, but without assigning any ground or reason, the highest opinion of his services and integrity,) did unanimously condemn, along with his conduct relative to the Rohilla treaty and war, his refusal to communicate his whole correspondence with Mr. Middleton to the Superior Council : yet the said Warren
Hastings, in defiance of the opinion of the Directors, and the unanimous opinion of the General Court of the said East India Company, as well as the precedent positive orders of the Court of Directors, and the injunctions of an act of Parliament, has, from that time to the present, never made any communication of the whole of his correspondence to the GovernorGeneral and Council, or to the Court of Directors.
II. - SHAH ALLUM.
That, in a solemn treaty of peace, concluded the 16th of August, 1765, between the East India Company and the late Nabob of Oude, Sujah ul Dowlah, and highly approved of, confirmed, and ratified by the said Company, it is agreed, " that the King Shah Allum shall remain in full possession of Corah, and such part of the province of Allahabad as he now possesses, which are ceded to his Majesty as a royal demesne for the support of his dignity and expenses." That, in a separate agreement, concluded at the same time, between the King Shah Allum and the then Subahdar of Bengal, under the immediate security and guaranty of the English Company, the faith of the Company was pledged to the said King for the annual payment of twenty-six lac of rupees for his support out of the revenues of Bengal; and that the said Company did then receive from the said King a grant of the duanné of the provinces of Bengal, Bahar, and Orissa, on the express condition of their being security for the annual payment above mentioned. That the East India Company have held, and continue to hold, the duanné so granted, and
for some years have complied with the conditions on which they accepted of the grant thereof, and have at all times acknowledged that they held the duanné in virtue of the Mogul's grants. That the said Court of Directors, in their letter of the 30th June, 1769, to Bengal, declared, “that they esteemed themselves bound by treaty to protect the King's person, and to secure him the possession of the Corah and Allahabad districts”; and supposing an agreement should be made respecting these provinces between the King and Sujah ul Dowlah, the Directors then said, “ that they should be subject to no further claim or requisi tion from the King, excepting for the stipulated tribute for Bengal, which they (the Governor and Council] were to pay to his agent, or remit to him in such manner as he might direct.”
That, in the year 1772, the King Shah Allum, who had hitherto resided at Allahabad, trusting to engagements which he had entered into with the Mahrattas, quitted that place, and removed to Delhi; but, having soon quarrelled with those people, and afterwards being taken prisoner, had been treated by them with very great disrespect and cruelty. That, among other instances of their abuse of their im. mediate power over him, the Governor and Council of Bengal, in their letter of the 16th of August, 1773, inform the Court of Directors that he had been compelled, while a prisoner in their hands, to grant sunnuds for the surrender of Corah and Allahabad to them; and it appears from sundry other minutes of their own that the said Governor and Council did at all times consider the surrender above mentioned as extorted from the King, and unquestionably an act of violence, which could not alienate or impair his right
to those provinces, and that, when they took possession thereof, it was at the request of the King's Naib, or viceroy, who put them under the Council's protection. That on this footing they were accepted by the said Warren Hastings and his Council, and for some time considered by them as a deposit committed to their care by a prince to whom the possession thereof was particularly guarantied by the East India Company. In their letter of the 1st of March, 1773, they (the said Warren Hastings and his Council) say, “In no shape can this compulsatory cession by the King release us from the obligation we are under to defend the provinces which we have so particularly guarantied to him.” But it appears that they soon adopted other ideas and assumed other principles concerning this object. In the instructions, dated the 23d of June, 1773, which the Council of Fort William gave to the said Warren Hastings, previous to his interview with the Nabob Sujah ul Dowlah at Benares, they say, that, “while the King continued at Delhi, whither he proceeded in opposition to their most strenuous remonstrances, they should certainly consider the engagements between him and the Company as dissolved by his alienation from them and their interest; that the possession of so remote a country could never be expected to yield any profit to the Company, and the defence of it must require a perpetual aid of their forces”: yet in the same instructions they declare their opinion, that, “if the King should make overtures to renew his former connection, his right to reclaim the districts of Corah and Allahabad could not with propriety be disputed," and they authorize the said Warren Hastings to restore them to him on condition that he should renounce his
claim to the annual tribute of twenty-six lac of rupees, herein before mentioned, and to the arrears which might be due, thereby acknowledging the justice of a claim which they determined not to comply with but in return for the surrender of another equally valid ; - that, nevertheless, in the treaty concluded by the said Warren Hastings with Sujah ul Dowlah on the 7th of September, 1773, it is asserted, that his Majesty, (meaning the King Shah Allum,) “having abandoned the districts of Corah and Allahabad, and given a sunnud for Corah and Currah to the Mahrattas, had thereby forfeited his right to the said districts," although it was well known to the said Warren Hastings, and had been so stated by him to the Court of Directors, that this surrender on the part of the King had been extorted from him by violence, while he was a prisoner in the hands of the Mahrattas, and although it was equally well known to the said Warren Hastings that there was nothing in the original treaty of 1765 which could restrain the King from changing the place of his residence, consequently that his removal to Delhi could not occasion a forfeiture of his right to the provinces secured to him by that treaty.
That the said Warren Hastings, in the report which he made of his interview and negotiations with Sujah ul Dowlah, dated the 4th of October, 1773, declared," that the administration would have been culpable in the highest degree in retaining possession of Corah and Allahabad for any other purpose than that of making an advantage by the disposal of them," and therefore he had ceded them to the Vizier for fifty lac of rupees : a measure for which he had no authority whatever from the King Shah Allum, and in