APPENDIX F.

Treaty with the Rajah of Nepaul, 30th of October, 1801.

Whereas it is as evident as the noon-day sun to the enlightened understanding of exalted nobles and of powerful chiefs and rulers, that Almighty God has entrusted the protection and government of the universe to the authority of princes, who make justice their principle, and that by the establishment of a friendly connexion between them universal happiness and prosperity is secured, and that the more intimate the relation of amity and union, the greater is the general tranquillity; in consideration of these circumstances, his Excellency the most noble the GovernorGeneral Marquess Wellesley, &c. &c. and the Maha Rajah have established a system of friendship between the respective Governments of the Company and the Rajah of Nepaul, and have agreed to the following articles.

ART. 1. It is necessary and incumbent upon the principals and officers of the two governments constantly to exert themselves to improve the friendship subsisting between the two states, and to be zealously and sincerely desirous of the prosperity and success of the government and subjects of both.

ART. 2. The incendiary and turbulent representations of the disaffected, who are the disturbers of our mutual friendship, shall not be attended to, without investigation and proof.

ART. 3. The principals and officers of both governments will cordially consider the friends and enemies of either state to be the friends and enemies of the other; and this consideration must ever remain permanent and in force, from generation to generation.

ART. 4. If any one of the neighbouring powers of either state should commence any altercation or dispute, and design, without provocation, unjustly to possess himself of the territories of either country, and should entertain hostile intentions with the view of taking that country, the Vakeels on the part of our respective government at either court will fully report all particulars to the head of the state, who, according to the obligations of friendship subsisting between the two states, after having heard the said particulars, will give whatever answer and advice may be proper.

ART. 5. Whenever any dispute of boundary and territory between the two countries may arise, such dispute shall be decided, through our respective Vakeels or our officers, according to the principles of justice and right; and a land mark shall be placed upon the said boundary, and which shall constantly remain, that the officers, both now and hereafter, may consider it as a guide, and not make any encroachment.

ART. 6. Such places as are upon the frontiers of the dominions of the Nabob Vizier and of Nepaul, and respecting which any dispute may arise, such dispute shall be settled by the mediation of the Vakeel on the part of the Company, in the presence of one from the Nepaul Government, and one from his Excellency the Vizier.

ART. 7. So many elephants, on account of Manickpoor, are annually sent to the Company by the Rajah of Nepaul, and therefore the Governor-General, with a view of promoting the satisfaction of the Rajah of Nepaul, and in consideration of the improved friendly connexion and of this new treaty, relinquishes and forgoes the tribute above mentioned, and directs that the officers of the Company, both now and hereafter, from generation to generation, shall never, during the continuance of the engagement contracted by this treaty (so long as the conditions of this treaty shall be in force) exact the elephants from the Rajah.

ART. 8. If any of the dependants or inhabitants of either country should fly and take refuge in the other, and a requisition should be made for such persons, on the part of the Nepaul Government, by its constituted Vakeel in attendance on the Governor-General, or on the part of the Company's Government, by its representative residing at Nepaul, it is, in this case, mutually agreed, that if such person should have fled after transgressing the laws of his government, it is incumbent upon the principals of both governments immediately to deliver him up to the Vakeel at their respective courts, that he may be sent in perfect security to the frontiers of their respective territories.

ART. 9. The Maha Rajah of Nepaul agrees, that a Pergunnah, with all the

lands attached to it, excepting privileged lands and those appropriated to religious purposes and to Jaggeers, &c. which are specified separately in the account of collections shall be given up to Samee Jeo, for his expenses, as a present. The conditions, with respect to Samee Jeo,* are, that if he should remain at Benares, or at any other place within the Company's provinces, and should spontaneously farm his Jaggeer to the officers of Nepaul, in that event the amount of collections shall be punctually paid to him, agreeably to certain kists which may be hereafter settled; that he may appropriate the same to his necessary expenses, and that he may continue in religious abstraction, according to his agreement, which he had engraved on brass, at the time of his abdication of the Raj,† and of his resigning it in my favor. Again, in the event of his establishing his residence in his Jaggeer, and of his realizing the collections through his own officers, it is proper, that he should not keep such a one and other disaffected persons in his service, and besides one hundred men and maid servants, &c. he must not entertain any persons as soldiers, with a view to the collection of the revenue of the Pergunnah; and to the protection of his person he may take two hundred soldiers of the forces of the Nepaul Government, the allowances of whom shall be paid by the Rajah of Nepaul. He must be cautious, also, of commencing altercation, either by speech or writing; neither must he give protection to the rebellious and fugitives of the Nepaul country, nor must he commit plunder and devastation upon the subjects of Nepaul. In the event of such delinquency being proved, to the satisfaction of the two governments, the aid and protection of the Company shall be withdrawn from him; and in that event, also, it shall be at the option of the Rajah of Nepaul, whether or not he will confiscate his Jaggeer.

The Maha Rajah also agrees on his part, that if Samee Jeo should take up his residence within the Company's provinces, and should farm out his land to the officers of Nepaul, and that the kists should not be paid according to agreement, or that he should fix his residence on his Jaggeer, and any of the inhabitants of Nepaul should give him or the Ryots of his Purgunnah any molestation, a requisition shall be made by the Governor-General and the Company, on this subject, to the Rajah. The Governor-General is security for the Rajah's performance of this condition, and the Maha Raja will immediately acquit himself of the requisition of the Governor-General, agreeably to what is above written. If any profits should arise in the collection of the said Purgunnah, in consequence of the activity of the officers, or any defalcation occurs from their inattention, in either case, the Rajah of Nepaul will be totally unconcerned.

ART. 10. With a view of carrying into effect the different objects contained in this treaty, and of promoting other verbal negotiation, the Governor-General and the Rajah of Nepaul, under the impulse of their will and pleasure, depute a confidential person to each other, as Vakeel, that remaining in attendance upon their respective governments, they may effect the objects above specified, and promote whatever may tend to the daily improvement of the friendship subsisting between the two states.

ART. 11. It is incumbent upon the principals and officers of the two states, that they should manifest the regard and respect to the Vakeel of each other's government, which is due to their rank, and is prescribed by the laws of nations; and that they should endeavour, to the utmost of their power, to advance any object which they may propose, and to promote their ease, comfort, and satisfaction, by extending protection to them, which circumstances are calculated to improve the friendship subsisting between the two governments, and to illustrate the good name of both states throughout the universe.

ART. 12. It is incumbent upon the Vakeels of both states, that they should hold no intercourse whatever with any of the subjects or inhabitants of the country, excepting with the officers of government, without the permission of those officers; neither should they carry on any correspondence with any of them and if they should receive any letter or writing from any such people, they should not answer it, without the knowledge of the head of the state, and acquainting him of the particulars which will dispel all apprehension or doubt between us, and manifest the sincerity of our friendship.

ART. 13. It is incumbent upon the principals and officers mutually to abide by

the spirit of this treaty, which is now drawn out according to their faith and religion, and deeming it in force from generation to generation, that they should not deviate from it: and any person who may trangress against it, will be punished by Almighty God, both in this world and in a future state.

(A true translation)

Ratified by the Governor-General and council, 30th October, 1801.

C. RUSSELL,
Assistant Persian Translator.

APPENDIX G.

Treaty for the improvement and security of the Trade and Commerce between the Territories of the Honourable East India Company and of his Highness the Nabob Nizam'ool Moolk Asoph Jah, Soubahdar of the Deckan; settled by Major James Achilles Kirkpatrick, Resident at the Court of his Highness by virtue of the powers delegated to him by his Excellency the most noble Richard Marquess Wellesley, Knight of the most illustrious Order of Saint Patrick, one of his Britannic Majesty's Privy Council, Governor-General in Council, Captain General, and Commander-in-Chief of his Majesty's and the Honourable Company's forces in India, appointed by the Honourable the Court of Directors of the said Honourable Company to direct and controul all their affairs in the East Indies, and Governor-General in Council of all the British possessions in the East Indies.

Whereas a well regulated commerce is essential to the opulence and prosperity of the people, and to the wealth and power of the State, and whereas a free and secure commercial intercourse tends to maintain and improve the relations of amity, peace and concord, between contiguous nations;

Wherefore the honourable East India Company and his Highness the Nabob Asoph Jah, anxious to improve, by every possible means, the close and intimate connection now happily established between the two States, and to extend the benefits of their union to their respective subjects, have agreed on the following articles of a treaty of commerce between the two States.

ART. 1. As the testimony of the firm friendship, union and attachment, subsisting between the Honourable Company and his Highness the Nabob Asoph Jah, the Honourable Company hereby agree to grant to his Highness the free use of the sea port of Masulipatam; at which port his Highness shall be at liberty to establish a commercial factory and agents, under such regulations as the nature of the Company's Government shall require, and as shall be adjusted between the Governor-General in Council and his said Highness.

ART. 2. His Highness's ships bearing his flag shall be entitled, at all times, to the protection of his Britannic Majesty's and the Honourable Company's ships of war, and shall be admitted into all the ports belonging to the British Government in India, upon the footing of the most favoured nations.

ART. 3. There shall be a free transit between the territories of the contracting parties of all articles, being the growth, produce, or manufacture of each respectively; and also of all articles being the growth, produce, or manufacture of any part of his Britannic Majesty's dominions.

ART. 4. All Rahdarry duties, and all duties collected by individual renters or zemindars, or goods passing to and from the territories of the contracting parties, shall be abolished, and all zemindars, renters, &c. shall be strictly prohibited from committing any acts of extortion or violence on the merchants passing through the respective territories of the contracting parties.

ART. 5. A duty of five per cent. and no more shall be levied at Hyderabad indiscriminately on all articles of merchandize whatever, imported into his Highness's dominions from the Company's possessions. No articles shall pay duty

more than once; the duties payable shall be regulated by a just valuation of the article or commodity on which they shall be charged, and which shall be determined by an invoice authenticated by the seal and signature of the proper officer on each side; nor shall any arbitrary valuation of any article or commodity be admitted to enhance the amount of the duties payable thereon. And the said duties shall be fixed and immutable, except by the mutual consent of the contracting parties.

ART. 6. The honourable East India Company shall, on their part, adopt similar arrangements in every respect for the purpose of facilitating the transit through their dominions of all articles, the growth, produce or manufacture of his Highness's territories, and of guarding the same from all unjust exactions or vexatious imposts whatever.

ART. 7. The duties payable to the Honourable Company on all articles imported into their territories from his Highness's dominions, shall be collected in the mode prescribed by the 5th article at Masulipatam alone, or at one or more places, according to the convenience of the merchants belonging to his Highness's dominions, and the said place or places shall be fixed with the consent of his Highness the Nizam, it being understood that no article imported from his Highness's dominions shall in any case pay duty more than once, whether the said duty be collected at Masulipatam or elsewhere.

ART. 8. A duty of five per cent. and no more shall be levied at once by his Highness's Government, and be made payable at Hyderabad on the prime cost of all commodities purchased in his Highness's dominions for exportation.

ART. 9. No merchants or traders, under the Company's Government, shall be allowed to revend, in the dominions of the Nabob aforesaid, the productions or manufactures of his territories purchased by them therein. Neither shall any grain be exported from the territories of the Nabob aforesaid into those of the Honourable Company without a special license for the purpose, nor any more grain be purchased in his Highness's territories than what is necessary for the consumption of the subsidiary force. But it is at the same time hereby agreed, that in cases of necessity, permission shall reciprocally be granted immediately on application for the transportation of grain, free from all duties whatever, into the respective territories of the two contracting powers in Hindostan and Deckan.

ART. 10. The traders under both Governments, namely, all such as shall traffic from the honourable East India Company's territories to the territories of his Highness the Nabob Asoph Jah and vice versa, shall, upon the importation of their commodities into the respective territories, pay once a duty of five per cent. according to the terms prescribed in the foregoing articles. With respect to others, who do not come under the above description, such as traders from foreign parts, or inhabitants of Hyderabad, who have always paid the usual duties, the Kurrorah shall, as heretofore, levy duties from them according to custom.

ART. 11. The preceding regulations shall take effect, and be established in the respective territories of the contracting parties on the 1st day of September next, answering to the 2nd of Jemaud ool Awul A. H. 1217, after which day no duties shall be levied in any other manner than in conformity to the stipulations of this treaty.

ART. 12. This treaty, consisting of twelve articles, being this day settled by Major James Achilles Kirkpatrick with the Nabob Asoph Jah Behadur, Major Kirkpatrick has delivered one copy thereof in English and Persian, signed and sealed by himself to the said Nabob, who on his part has also delivered one copy of the same duly executed by himself, and Major Kirkpatrick, by virtue of special authority, given to him in that behalf by his Excellency the most noble the GovernorGeneral in Council hereby declares the said treaty to be in full force from the date hereof, and engages to procure and deliver to his Highness, in the space of fifty days, a copy of the same from the Governor-General in Council in every respect, the counterpart of that executed by himself; and on the delivery of such copy the treaty executed by Major Kirkpatrick shall be returned.

Signed, sealed, and exchanged at Hyderabad this 12th day of April, A. D. 1802, or 8th day of Zehidge, A. H. 1216. J. A. KIRKPATRICK,

Resident.

APPENDIX H.

Articles of Agreement between the Honourable Jonathan Duncan, Esq., President and Governor of Bombay, for and in behalf of the Honourable East India Company, and Roujee Appajee, the Dewan, or Minister of Anund Row Guicowar Senah Khas Khel Shumshere Behauder, for and in behalf of the said Anund Row Guicowar, in virtue of the full powers vested in the said Roujee Appajee, to treat and settle for the affairs of the Guicowar Principality with the said Governor of Bombay, which powers bear date the 3rd of Zilkad, or 8th of March, in the year of our Lord 1802.

ART. 1. Whereas certain articles were, under date the 15th of March last, answering to the 10th Zilkad, entered into, under the abovementioned full powers, by the said contracting parties, in reference to the war then carrying on against Mulhar Row, and providing for the Guicowar Government's defraying the whole expense thereof, and for its subsidizing a permanent force from the Honourable Company, and ceding to them the Pergunnah of Chourassy and the Guicowar's share of the Choute of Surat; all these stipulations are herein declared to be in full force, and of equal strength and solidity, as if repeated in the present treaty. ART. 2. Mulhar Row having commenced hostilities with the state of Anund Row Guicowar Senah Khas Khel Shumshere Behauder, and taking possession of Vessanagur, induced Anund Row to solicit the assistance of a British force, for the purpose of effectually reducing Mulhar Row, and taking his fort of Kurree, upon which the English sent a force to Cambay, with the view of bringing the said chieftain to reason, either by peaceable or hostile means; and the latter having, in consequence, been pursued, on account of Mulhar Row's not abiding by the advice of the English, the war has since terminated successfully for the state of Anund Row, who has, in consequence, entered on possession of the fort of Kurree and of its Pergunnahs, and of Mulhar Row's other territories, and made a provision for him in the Pergunnah of Meryad, ceding also to the English Company the Pergunnah of Chickly, situated in the district of the Surat Attaveesy, in full sovereignty for ever, as a spontaneous mark of his gratitude for their assistance in overcoming this opposition to his authority.

ART. 3. By the second article of the convention of the 15th of March last it is stipulated, that Jaydad, or landed funds, equal to the income of sixty-five thousand rupees per month, shall be assigned to the Honourable Company, to defray the expense of the subsidized force; but as, from the present incumbered and mortgaged state of the districts composing the Guicowar principality, these assignments cannot be effected, and the Honourable Company put into possession during the current year, beginning from the Mirgh of 1859, or June 1802, it is hereby agreed, that the payment of the subsidy for this term shall be secured, according to the condition of a separate bond executed for this purpose, under the present date, and that the assignment of land to the Honourable Company shall be effectively and fully accomplished by the Mirgh of 1860, beginning in June 1803. This subsidy to be chargeable to the Guicowar State from the period referred to in the convention of the 15th March.

ART. 4. The second article of the convention of the 15th March last, proposing to effect a reduction in the number of the Arab force under the Guicowar Government, the principal obstacle to which consists in want of ready money funds, for the liquidation of the arrears of such part of the said establishment as it is proposed to disband, and the Honourable Company meaning to extend, to this effect, some pecuniary assistance to the Guicowar State, the repayment of this amount is to take place and be secured in manner following:

The first payment of interest by the Mirgh of 1860, or June 1803; the second year's interest, and one-third of the principal, by the Mirgh of 1861, or June 1804; and all the remaining principal and interest by the Mirgh of 1862, or June 1805. But in the event of failing in the above stipulated payments, the revenue of the