15. In respect to the first objection, I stated to molavy Suddun, that the discredit which would attach to his excellency from an act which would secure the happiness and prosperity of his people was merely imaginary; but that in pursuing his present measures, and those which I knew he had in contemplation on the completion of the territorial cession, of reducing the salaries of his dependents, of abolishing the pensions, and resuming the jaghires of the principal persons in Lucknow, he would aggravate the distresses of that class of persons, and in crease their present dissatisfaction into inveterate hatred; and I begged the molavy to reflect which was of the most con sequence, and which in prudence ought to be shunned, a reproach unjust, and in all events idle and harmless, or one that might be accompanied with the most serious consequences. The molavy seemed struck with the argument, and promised to urge it when an occasion should allow of his doing so. 16. In respect to the introduction of adawluts, I told the molavy, that although it was the pride and boast of the British laws that they admitted no distinctions of of persons, yet so sensible was I of the prejudices of the natives of this country, that in the proposed treaty his excellency's relations were exempted from the jurisdiction of the courts of justice to be established; and that if his excellency required further satisfaction on that point, I would engage that none of the officers of the court should enter within a defined verge of his palace without his previous permission. 17. I stated to the molavy the extent of the country to be ceded, the pecuniary demands now on his excellency, as well from the company as from the creditors of the state, the relief which would be afforded to his excellency's mind from being disburthened of the cares of government, the security to his excellency's person, his affluence, and his honour, and, lastly, the welfare and happiness of his subjects, which could only be ensured by the complete introduction of British jussice, wisdom, and power. 18. The molavy said, that the vizier was convinced of, and acknowledged, the superior ease and tranquillity which would result to him from the adoption of the first plan; but that motives of pride so strongly operated upon his mind, that he considered all endeavours to procure is acquiescence as utterly hopeless. 19. Having now related, in abstractto your lordship the subject of a long conversation with molavy Suddun, I shall take the liberty of noticing to your lordship, that though I had from the beginning foreseen the great probability of his excellency's stipulating for terms that should render a territorial cession conclusive against future demands, and that should secure the independent and exclusive exercise of his authority in the remaining part of his dominions, yet no argument of validity or utility against a compliance occurred to my mind. The last treaty conferred on him that power; any partial interference can be of little use; and the security afforded to the company for their pecuniary demands seemed to remove the pretence as well as necessity for such an interference. I have the honour, &c. To lieutenant-colonel Scott, resident at Lucknow. Sir,-Par. 1. I am directed by his excellency the most noble the governor-general to acknowledge the receipt of your several dispatches to his lordship's ́ address noted in the margin, and to communicate to you the following observations for your guidance in conducting the important negotiation committed to your charge. 2. Although the spirit of evasion manifested by his excellency the vizier, after your delivery of his lordship's let ter of the 5th ultimo, (as detailed in your dispatch of the 29th ultimo) affords reason to apprehend that his excellency is solicitous to elude a conclusive adjustment of the pending negotiation, yet his lordship has great satisfaction in observing, by your subsequent dispatches, that his excellency has at length been induced, in some degree, to compromise his objection to any settlement whatever, founded on either of the propositions offered to his acceptance, and has indicated a disposition to conclude an arrangement of a more definite nature than hithertoappears to have been in his excellency's contempla tion, as his consent to a conditional territorial cession admits of bringing the negotiation into a state better calculated for the attainment of the objects which his lordship has in view. 3. His lordship directs me to convey to you his lordship's entire approbation of the memorial which you addressed to his excellency the vizier on the 3d in stant. 4. I am further directed to communicate some observations which appear to his lordship material for the future conduct of the negotiation. 5. His lordship continues to feel the most anxious desire for the success of the first proposition, as being in every point of view more eligible than the second; and under this view of the subject his lordship relies on your continuing to employ every exertion of your zeal, talents, and perseverance, to demonstrate to the vizier, that the terms of the first proposition, as affecting the real dignity and honour of himself and his family-his. personal ease and safety-the security of Oude, and the happiness and pro-perity of his subjects, are far more advantageous to him than the arrangements of the second proposition can be under any admissible modification of them. 6. His lordship observes that the progress of the negotiation will enable you to enforce this argument in various modes, of which one of the most effectual will probably be the indispensable rejection of of the conditions with which his excellency proposes to accompany the cession. 7. With the view to enable you to apply this principle in the most effectual manner, and to regulate your conduct during the future progress of the negotiation, his lordship has directed me to communicate to you his sentiments and resolutions upon each of the demands and conditions, which his excellency has preferred. 8. Those demands appear to be as follows: First. That the countries to be ceded should be received at an ancient jumma, or that an aumil should be nominated by his excellency to make the collections of the countries to be set apart as security for the company's demands: Secondly.-That the territories to be ceded in commutation for the subsidy be limited to his excellency's possessions westward of the Ganges and the district of Rohilcund: Thirdly.-That the demand on account of arrears should be reduced to the sum of seventeen tacks of rupees: Fourthly. That his excellency should be guaranteed by a former obligation in the future independent exercise of an exclusive authority in the remaining parts of bis dominions. 9. With regard to the first, his lordship observes, that it is, as you have justly termed it, subversive of the fundamental principles of the territorial cession, and consequently wholly inadmissible. 10. The second point for which his excellency contends, namely, the limitation of the territorial to be ceded, his lordship observes, is equally inadmissible with the former. 11. His lordship approves of your having resisted it, and of your having discouraged his excellency from expecting any relaxation in the original requisition. His lordship deems it indispensably necessary that such a portion of his excellency's territory should be ceded as shall be equal to the aggregate of the fixed subsidy, and of the expence of the additional troops, together with the charges of collection; and his lordship is of opinion, that to cover these several charges the revenue of the territorial cession should amount at least to one crore and thirty-five lacks of rupees. With respect to his excellency's demand of a reduction in the amount of arrears payable by his excellency to the company, his lordship deems it proper, with a view to prevent delay, that you should declare to his exceliency, that it would be inexpedient and unnecessary to transmit to his lordship any application for an abatement in the demand for arrears, as you are already furnished with his lordship's full and explicit instructions upon that subject. In order to aid the effect of your representations, and to convince his excellency that any application to his lordship for a relaxation in the demand of arrears, except in the event of his excellency's acquiescence in the first proposition, would be unavailing. His lordship has thought proper to address a letter to his excellency upon this subject, which will be forwarded to you by the Persian translator, by the present dispatch. 12. With regard to the fourth point, namely, guaranteeing to his excellency the independent exercise of exclusive authority within the territories which will remain in his excellency's possession, after the territorial cession to the company, his lordship is of opinion, that, consistently with the security and tran quilty of the ceded districts, it cannot be conceded to the extent in which his excellency appears to expect it. His lordship is of opinion that the local situation situation of the vizier's dominions, relatively to the position of the company's territory under the proposed arrangement, would render it absolutely neces sary, in a certain degree, to circumscribe his excellency's authority. Ad verting to the relative position of the dominions of the two states, it would endanger the tranquillity and security of the company's contiguous territory to permit the vizier, possessed as he would still be of an extensive tract of country, and a very considerable revenue, to enter tain a large military establishment; and adverting to the general spirit of disaffection, and the turbulent disposition of his excellency's subjects, to the abuses, the evils, and the weakness of his excellency's administration, and to the total want of all subordination among his excellency's officers, some regulations of police must be established in his excellency's reserved dominions under the controul of the company's officers, lest the state of his excellency's territory should interfere with the internal tranquillity and good order of that possessed by the company. His lordship directs that his excellency the vizier be given to understand, that if an arrangement be concluded with him on the basis of a territorial cession, he must afford some security to the company upon these points. With regard to the former, namely, the extent of his excellency's military establishment, his lordship is of opinion that it must be restricted to the extent that is absolutely necessary for the purposes of state, and for the collection of the revenues; upon this subject his lordship directs me to state that the cavalry in his excellency's service must be at all events entirely disbanded. With respect to the second point, namely, the introduction of regulations of police under the controul of the company's officers, his lordship is not prepared to give any precise and detailed instructions; it will therefore be necessary for the present merely to stipulate for the right of establishing such regulations, leaving the question open for future discussion. 13. His lordship further directs me to observe to you, that the several demands and requisitions above enumerated are not to be considered merely as arguments to convince his excellency of the superior advantages which he would derive under the terms of the first proposition, but as stipulations indispensably requi site, under any arrangement which may be concluded upon the principle of a terri torial cession; and his lordship accordingly directs, that, in the event of your being compelled to abandon all hope of influencing his excellency's determination in favour of the first proposition, you will rigidly adhere to the instructions herein conveyed to you. 14. His lordship trusts that you have not yet pledged yourself to accede to his excellency's demand of a formal obligation, guaranteeing to him and his successors an absolute independence and authority in the territories remaining in his excellency's possession after the conclusion of a territorial cession to the company. The introduction of such absolute and uncontrouled authority, which, in his lordship's opinion, is replete with alarming consequences to the tranquillity and good government of the company's contiguous possessions, is an object of peculiar solicitude to his lordship's mind; his lordship therefore directs, that you regulate your negotiations upon that subject by the instructions communicated to you in this dispatch. 15. On the other hand, his lordship relies upon your zeal and discretion to represent to his excellency the benefits which he will derive from his concurrence in the first proposition in the most striking point of view. 16. For this purpose his lordship directs me to communicate the following observations: 17. In the event of his excellency's acceptance of the first proposition, his lordship is disposed to relinquish at least one half of the company's demand on account of arrears due to the additional troops, and an equal proportion of that part of the expences of the embas sies to Persia chargeable to his excellency. 18. His lordship is disposed to believe, that his excellency's disinclination to the first proposition is not founded exclusively in motives of pride, but is connected with views of personal interest, and that therefore it is possible, by making a proper impression on his excellency's known avarice, his pride might be reconciled to the measure. His lordship is disposed to make considerable concessions with this view, both to his excellency and to those who are in his confidence, and who possess the greatest influence upon his conduct. From what passed in the course of your conference with 1 with his his lordship is of opinion that the influence of that minister might be usefully engaged upon this occasion. His lordship therefore recommends this suggestion to your particular consideration. 19. With respect to the objection stated by on the part of his excellency to the introduction of the system of jurisprudence, it may be observed to his excellency, that the introduction of that system would be gradual, and would of course be effected in a manner the least prejudicial to the feelings and the prejudices of his excellency, his family, and his subjects. His excellency should be informed, that the equalizing spirit of the British code of laws does not pervade the judicial system in this country to the extent which his excellency supposes. His excellency does not appear to be aware that even within the company's territories the judicial authority is exercised with a liberal regard to the religious habits and prejudices of the various classes of the company's subjects, and that the most ample immunities are granted in favour of those whose religious tenets and hereditary prejudices would be violated by a rigid enforcement of the laws. 20. On this part of the question it might be useful to inquire of his excellency, and of his counsellors, whether, within the course of their experience, they have observed that the subjects of the company are disposed to emigrate from our territories for the purpose of emancipating themselves from the operation of our laws-whether any number of our subjects has appeared to be disposed to take refuge, and to seek for peace, security, and toleration, under the administration of his excellency's officers, or of any other native state-whether the system of laws now established within our territories be not felt by our subsects to be the safeguard of their persons and properties, as well as the source of the most liberal toleration of all religious facts existing in any part of India-and whether emigrations into the company's provinces from the contiguous native states, for the express purpose of enjoy ing the benefits of our laws and government, be not infinitely more frequent than any emigration from any other quarter into the dominions of any other state in India. 21. I now proceed, by the most noble the governor-general's directions, to communicate to you his lordship's sentiments with respect to the districts which constitute the territorial cession. 22. His lordship is of opinion that it would not be prudent to accept of territory the actual gross jumma of which should be less than the amount before stated, viz. one crore and thirty-five lacks of rupees. His lordship considers the concession of the Dooab, Rohilcund, and Kyragur, to be indispensable according to the enumeration contained in the 6th paragraph of your letter of the 14th instant; the additional territory required to supply the deficiency, his lordship observes, may be taken from that part of his excellency's dominions which is contiguous to Ghazepore and Sircar Sarun, by drawing a line from Allahabad to Goruckpore. This will include that part of Azimghur which indents the province of Benares, to the northward of Ghazepore, and also that portion of the district of Goruckpore which indents Sircar Sarun on the westward. The possession of Azimghur will render the company's territories to the northward more compact, and the addition of a considerable portion of Goruckpore, which, from the uncultivated state and woody nature of the country, has always served as a refuge for the turbulent and refractory zemindars of the company's neighbouring territories, will prove a valuable acquisition; the more so as the introduction of the company's management in that desolated country may be expected to restore its decayed resources to their original standard of production, and to secure a profit to the company proportioned to the difference between its present low jumma, and that which it may be expected to yield under the salutary system of the British adminis tration. 23. Although his excellency the governor-general would infinitely prefer an arrangement framed upon the basis of the first proposition to any adjustment upon the principle of a territorial cession, and under this impression is anxious that every possible effort should be employed to promote the success of the first proposition, yet his lordship sull considers the second to be an arrangement which will secure benefits of very great importance to the Brush interests, as well as to the inhabitants of Oude. His lordship therefore would not wish you to hazard the success of the latter, by His by protracting the negotiation in hopes of obtaining his excellency's acquiescence to the terms of the first proposition. Adverting also to the approaching close of Fusly year, his lordship is aware of the embarrassment and loss to which the company would be exposed by a considerable protraction of the period of cession. Jordship therefore directs that after having given a reasonable trial to the various arguments herein stated, for the purpose of convincing his excellency of the su perior advantages of the first proposition, and of obtaining his consent to it, you will, if unsuccessful, conclude the nego tiation for the territorial cession, understanding, however, that the govenorgeneral cannot consent to relinquish any part of the arrears of subsidy, or of that proportion of the expence attending the two embassies to Persia which is justiy chargeable to his excellency as the price of a territorial cession; nor can his lordship permit the vizier to maintain an independent power with a considerable military force within the territories remaining in his excellency's possession. 24. It must never be forgotten, that the governor-general's original object was not merely to secure the subsidiary funds, but to extinguish the vizier's military power, substituting in its place a considerable British force. His lordship observes, therefore, that the entire extinction of vizier's military establishment, to the exception of such troops as are indispensably necessary for the purposes of state, and for the realization of the revenues, must be an indispensable condition of every arrangement. 25. I am further directed to observe to you, that the power possessed by the company under the existing treaty, of stationing the British troops in any part of his excellency's dominions, must be retained in its full extent after the cession. His excellency may be permitted to govern his remaining territory without interruption, provided he can afford sufficient security to the company against any danger to the tranquillity of the company's contiguous dominions, from the turbulent state of his own. 26. I am directed to signify to you, in the strongest terms, his lordship's entire approbation of the great zeal, diligence, and ability which you have manifes ed during the whole course of this arduous and important negotiation. His lordship entertains no doubt that the con Written 27th May, 1801. By letters from the resident I am informed of your excellency's application for a reduction of the demand made by colonel Scott, under my orders, for the payment of the arrears due by your excellency for the addition of troops serving in Oude; your excellency is already in possession of my unalterable senuments upon that question; the object, theretore, of my present address is merely to convey to your excellency a confirmation of those sentiments, in order that your excellency may not suffer the unnecessary trouble of a reference to me upon a point already finally decided, and on which colonel Scott has received full authority to act without further orders from me as the condition of a territorial cession I cannot, consistently with my sense of duty, con cede the demand of an abatement of the company's just and equitable claim to the arrears of subsidy, and a proportion of the expences attending the embassies to Persia; your excellency's assent to the first of the two propositions which I have submitted to your excellency could alone justify the relinquishment of any part of those demands. I have deemed it necessary, on this occasion, to convey to your excellency the confirmation of my sentitiments upon this subject, with a view to preclude the unprofitable delay, in the conclusion of the pending negotiations, which would be occasioned by a reference to me for an abatement in the demand of arrears under any other circumstances than those of your excellency's concurrence in the terms of the first proposition. I have repeated my instructions to lieutenant-colonel Scott according to the tenor of this letter, and I have furnished him with my orders for his guidance upon every point which hitherto formed a subject of discussion between your excellency and him; I therefore refer your excel lency |