PART III.
GUARANTY OF THE TREATY OF LALL-DANG.
I.That during the life of the Vizier Sujah ul Dowlah, and for some time after his death, under his son and successor, Asoph ul Dowlah, the Nabob Fyzoola Khan did remain without disturbance or molestation; that he did all the while imagine his treaty to be under the sanction of the Company, from Colonel Champion's affixing his signature thereto as a witness, "which signature, as he [Fyzoola Khan] supposed," (rendered the Company the _arbitrators_) between the Vizier and himself, in case of disputes; and that, being "a man of sense, but _extreme pusillanimity_, a good farmer, fond of wealth, _not possessed of the passion of ambition_," he did peaceably apply himself to "improve the state of his country, and did, _by his own prudence and attention_, increase the revenues thereof beyond the amount specified in Sujah ul Dowlah's grant." II.

That in the year 1777, and in the beginning of the year 1778, being "alarmed at the young Vizier's resumption of a number of jaghires granted by his father to different persons, and the injustice and oppression of his conduct in general," and having now learned (from whom does not appear, but probably from some person supposed of competent authority) that Colonel Champion formerly witnessed the treaty as a private person, the Nabob Fyzoola Khan did make frequent and urgent solicitations to Nathaniel Middleton, Esquire, then Resident at Oude, and to Warren Hastings aforesaid, then Governor-General of Bengal, "for a renovation of his [the Nabob Fyzoola Khan's] treaty with the late Vizier, and the guaranty of the Company," or for a "separate agreement with the Company for his defence": considering them, the Company, as "the only power in which he had confidence, and to which he could look up for protection." III.

That the said Resident Middleton, and the said Governor-General Hastings, did not, as they were in duty bound to do, endeavor to allay the apprehensions of the Nabob Fyzoola Khan by assuring him of his safety under the sanction of Colonel Champion's attestation aforesaid, but by their criminal neglect, if not by positive expressions, (as there is just ground from their subsequent language and conduct to believe,) they, the said Middleton and the said Hastings, did at least keep alive and confirm (whoever may have originally suggested) the said apprehension; and that such neglect alone was the more highly culpable in the said Hastings, inasmuch as he, the said Hastings, in conjunction with other members of the Select Committee of the then Presidency of Bengal, did, on the 17th of September, 1774, write to Colonel Champion aforesaid, publicly authorizing him, the said Colonel Champion, to join his _sanction_ to the accommodations agreed on between the Vizier Sujah ul Dowlah and the Nabob Fyzoola Khan, _to add to their validity_,--and on the 6th of October following did again write to the said Colonel Champion, more explicitly, to join his sanction, "either by attesting the treaty, or _acting as guaranty_ on the part of the Company for the performance of it": both which letters, though they did not arrive until after the actual signature of the said Colonel Champion, do yet incontrovertibly mark the solemn intention of the said Committee (of which the said Hastings was President) that the sanction of Colonel Champion's attestation should be regarded as a public, not a private, sanction; and it was more peculiarly incumbent on such persons, who had been members of the said Committee, so to regard the same.
IV.

That the said Warren Hastings was further guilty of much criminal concealment for the space of "twelve months," inasmuch as he did not lay before the board the frequent and urgent solicitations which he, the said Hastings, was continually receiving from the Nabob Fyzoola Khan, until the 9th of March, 1778; on which day the said Hastings did communicate to the Council a public letter of the aforesaid Middleton, Resident at Oude, acquainting the board that he, the said Middleton, taking occasion from a late application of Fyzoola Khan for the Company's guaranty, had deputed Mr.Daniel Octavus Barwell (Assistant Resident at Benares, but then on a visit to the Resident Middleton at Lucknow) to proceed with a special commission to Rampoor, there to inquire on the spot into the truth of certain reports circulated to the prejudice of Fyzoola Khan, which reports, however, the said Middleton did afterwards confess himself to have "_always_" _thought_ "_in the highest degree improbable_." That the said Resident Middleton did "request to know whether, on proof of Fyzoola Khan's innocence, the honorable board would be pleased to grant him [the Resident] permission to comply with his [Fyzoola Khan's] request of the Company's guarantying his treaty with the Vizier." And the said Middleton, in excuse for having irregularly "availed himself of the abilities of Mr.Daniel Barwell," who belonged to another station, and for deputing him with the aforesaid commission to Rampoor without the previous knowledge of the board, did urge the plea "_of immediate necessity_"; and that such plea, if the necessity really existed, was a strong charge and accusation against the said Warren Hastings, from whose criminal neglect and concealment the urgency of such necessity did arise.
V.That the Governor-General, Warren Hastings aforesaid, did immediately move, "that the board approve the deputation of Mr.Daniel Barwell, and that the Resident [Middleton] be authorized to offer the Company's guaranty for the observance of the treaty subsisting between the Vizier and Fyzoola Khan, provided it meets with the Vizier's concurrence"; and that the Governor-General's proposition was resolved in the affirmative: the usual majority of Council then consisting of Richard Barwell, Esquire, a near relation of Daniel Octavus Barwell aforesaid, and the Governor-General, Warren Hastings, who, in case of an equality, had the casting voice.
VI.

That, on receiving from Mr.Daniel Barwell full and early assurance of Fyzoola Khan's "having preserved every article of his treaty inviolate," the Resident, Middleton, applied for the Vizier's concurrence, which was readily obtained,--the Vizier, however, "_premising_, that he gave his consent, taking it for granted, that, on Fyzoola Khan's receiving the treaty and _khelaut_ [or robe of honor], he was to make him a return of the complimentary presents usually offered on such occasions, and _of such an amount as should be a manifestation of Fyzoola Khan's due sense of his friendship, and suitable to his Excellency's rank to receive_"; and that the Resident, Middleton, "did make himself in some measure responsible for the said presents being obtained," and did write to Mr.Daniel Barwell accordingly.
VII.