PART II.
RIGHTS OF FYZOOLA KHAN UNDER THE TREATY OF LALL-DANG.
I.That, notwithstanding the culpable and criminal reluctance of the President, Hastings, hereinbefore recited, a treaty of peace and friendship between the Vizier Sujah ul Dowlah and the Nabob Fyzoola Khan was finally signed and sealed on the 7th October, 1774, at a place called Lall-Dang, in the presence and with the attestation of the British commander-in-chief, Colonel Alexander Champion aforesaid; and that for the said treaty the Nabob Fyzoola Khan agreed to pay, and did actually pay, the valuable consideration of half his treasure, to the amount of fifteen lacs of rupees, or 150,000_l._ sterling, and upwards.
II.

That by the said treaty the Nabob Fyzoola Khan was established in the quiet possession of Rampoor, Shahabad, and "some other districts dependent thereon," subject to certain conditions, of which the more important were as follow.
"That Fyzoola Khan should retain in his service five thousand _troops_, and not a single man more.
"That, with whomsoever the Vizier should make war, Fyzoola Khan should send _two or three thousand men, according to his ability_, to join the forces of the Vizier.
"And that, if the Vizier should march in person, Fyzoola Khan should himself accompany him _with his troops_." III.

That from the terms of the treaty above recited it doth plainly, positively, and indisputably appear that the Nabob Fyzoola Khan, in case of war, was not bound to furnish more than three thousand men under any construction, unless the Vizier should march in person.
IV.

That the Nabob Fyzoola Khan was not positively bound to furnish so many as three thousand men, but an indefinite number, not more than three and not less than two thousand; that of the precise number within such limitations the ability of Fyzoola Khan, and not the discretion of the Vizier, was to be the standard; and that such ability could only mean that which was equitably consistent not only with the external defence of his jaghire, but with the internal good management thereof, both as to its police and revenue.
V.That, even in case the Vizier should march in person, it might be reasonably doubted whether the personal service of the Nabob Fyzoola Khan "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 Khan "should send two or three thousand men to join the Vizier's forces, or attend in person in case it should be requisite." 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 Khan might furnish would prove a literal compliance with the stipulation." VII.