SAN MIS HIGHHESS THE NAWAB NAZIM OF BENGAL BEHAR AND ORISSA. INDIAN RECORDS, WITH A COMMEKCIAL VIEW RELATIONS THE BRITISH GOVERNMENT NAWABS NAZIM OF BENGAL, BEHAR AND ORISSA. 1 Render unto Caesar the things which are Caesar's." LONDON: G. BUBB, 167, NEW BOND STREET. 1870. TO 4 HIS HIG-HICTESS S"X"CJI3 I/CXTITSOOIR, NAWAB NAZIlf OF BENGAL, BEHAR AND OEISSA. THIS WOKK IS KESPECTFULLY DEDICATED BY HIS OBEDIENT SERVANT, THE AUTHOR. CONTENTS. Page Original Treaty of Alliance with Meer Jaffier, Juno 1757. 6 Second Treaty and Agreement between Nawab Meer Jaffier and the East India Company, 10th July, 1763. 9 Demands made by Nawab Meer Jaffier for the establish- ment of his rights in perpetuity, 10th July, 1763. . 12 Nawab Meer Jaffier's note of hand for the expenses of the Army, 16th September, 1764 13 Additional Treaty and Agreement with Nawab Nudjm- ul-dowlah, 25th February, 1765. .... 15 Firmauns of the Emperor of Delhi conferring the office of the Dewanny upon the East India Company, 12th August, 1765 19 Supplementary Agreement with Nawab Nudjm-ul-dowlah accepting a fixed sum for " the expenses of the Niza- mut," 30th September, 1765 22 Additional Treaty and Agreement with Nawab Syef-uf- dowlah, 19th May, 1766 23 Additional Treaty and Agreement with Nawab Mobaruk- ul-dowlah, 21st March, 1770 25 Order from Court of Directors to reduce the stipend of Nawab Mobaruk-ul-dowlah during his minority to six- teen lakhs, 26th April, 1771 31 VI CONTENTS. -Page Order from Court of Directors to provide for the support and dignity of Nawab Mobaruk-ul-dowlah by augmen- tation of his stipend, 21st July, 1786. Letter from the Governor-General Lord Cornwallis to Nawab Mobarnk-ul-dowlah, making proposals for re- duction of his liabilities and the support of his dignity, 22nd September, 1790. 34 Letter from the Governor- General Lord Cornwallis to the Paymaster of Nizamut stipends, conveying instructions relative to Nizamut Family Fund and future distribu- tion of Nizamut stipends, 30th September, 1790. . 38 Letter from Marquis Wellesley to Nawab Bubber Jung, " the Pillar of State and Defender of the Realm." . 46 Proposals for absorbing Munnee Begum's stipend after her death for general purposes, 9th November, 1802. 48 Letter from Lord Miuto to Nawab Zynudeen Ali Khan, on his accession to the throne, 26th May, 1810. . . 49 Proposals of Mr. Edmonstone for the establishment of an office of Agent to the Governor-General at the Court of the Nawab, 23rd July, 1816. 52 Deputation of Mr. Monckton to Moorshedabad. . . 55 Mr. Monckton's Report of his conference with the Nawab 19th October, 1816 ........ 56 Instructions to Mr. Monckton on the subject of the Agency Fund 60 Instructions to Accountant- General to invest the money for Agency Fund 60 Letter from Mr. Monckton to Sub-Treasurer, Fort William, respecting transmission of money for Agency Fund, 19th December, 1816 61 Letter from Mr. Monckton to Accountant- General, Fort William, regarding investment of money for the Agency Fund, 19th December, 1816 .... 61 Letter from Mr. Monckton to Acting Chief Secretary to the Government, Fort William, explaining matters con- nected with Agency Fund, 26th December, 1816 . . 63 CONTENTS. Vll Page Instructions from the Governor- General in Council to Mr. Monckton regarding reinvestment of money for Agency Fund 66 Instructions from Governor-General in Council to the Government Agent regarding reinvestment of Agency Fund in Government Securities ..... 67 Letter to Mr. Monckton appointing him to the Office of Agent Governor-General, 22nd February, 1817 . . 67 Instructions regarding the distribution of the interest of the Agency Fund for the office of the Agent Governor- General, 10th May, 1817 68 Instructions to Mr. Monckton regarding his office and establishment, 10th May, 1817 69 Details of Agency Fund from 181 7 to 1860 ... 70 Letters from Marquis Hastings to Nawab Ahmad Ali Wallah Jah, 10th August, 1821 75 Proposals of Mr. Monckton to appropiate accumulation from the Nizamut Fund, 31st December, 1822. . . 77 Letter from the Governor-General to the Nawab regard- ing the several appropriations from the Nizamut Sti- pend for different objects, such as Deposit Fund, &c. . 79 Instructions from the Governor-General in Council to the Accountant- General and Government Agent respecting the investment of money forming Munnee Begum's Fund 80 Letter from H. T. Prinsep, Esq., Persian Secretary to Government, to the Agent Governor General, Moor- shedabad, regarding the formation of the Munnee Begum's and the Nizamut Deposit Fund, 28th Jan., 1823 81 Letter from the Governor-General, Lord Amherst, to Nawab Humayoon Jah after his succession to the throne, 14th January, 1825 89 Letter from the Governor-General, Lord William Ben- tinck, to Nawab Humayoon Jah, 24th January, 1835. . 90 Letters from the Governor- General, Lord Auckland, to via CONTENTS. Page Nawab Humayoon Jah, dated 7th March, 1836, llth September, 1837, and 20th October, 1837. ... 91 Letter from C. E. Trevelyan, Esq., Deputy Secretary to the Government, to H. Paulin, Esq., Attorney to the Honourable Company, regarding the Independence of the Nawabs of Bengal, and the inability of any Court of Justice to exercise jurisdiction over them. . . 93 Letter from the Honourable C. T. Metcalfe, Acting Govern or- General, to Nawab Humayoon Jah, respect- ing the Agreement of 1834. ...... 95 Agreement entered into in 1834 for the future regulation of the Nizamut Affairs. ...... 96 Correspondence which led to the execution of the Agree- ment of 1834. 97 Proposal of Sir Charles Trevelyan for absorbing all stipends that might lapse on the decease of the Nawab' s relatives. 100 Instructions issued to the Agent Governor- General on the subject of Lapsed Stipends of the Nawab's rela- tives, 1st March, 1836 ,101 Proposal of the Deputy-Governor of Bengal to absorb all the stipends of servants and dependents on the death of the holders, 18th July, 1838 106 Order of Court of Directors on the subject of Lapsed Stipends, and their opinion that the Nizamut Deposit Fund is not public money, but a part of the " Assign- ment by Treaty of the Family." .. . . .107 Proclamation and General Order on the accession of the present Nawab Syud Munsoor Ullee. .... 109 Official Letter addressed to the present Nawab Syud Munsoor Ullee on his accession 110 Statement of the extraordinary transactions of Mr. Torrens, Agent Governor- General, with Correspon- dence relating thereto. 112 Letter from Lord Dalhousie to the present Nawab Syud Munsoor Ullee, informing His Highness of his own CONTENTS. IX Page appointment to the office of Governor-General, 12th January, 1848 125 Correspondence and Law Reports relating to the Murder Case, upon which Lord Dalhousie based an attack upon the rights and privileges of the present Nawab. . 129 Letter from Lord Canning to the present Nawab, on his assuming the office of Governor-General, llth March, 1836 194 Proclamation of Her Majesty the Queen in 1858. . . 196 Correspondence setting forth the valuable services ren- dered by the Nawab to the Indian Government on the occasions of the Santhal Rebellion in 1854, and the great Indian Mutiny of 1857. 199 Narrative of Nizamut Affairs, compiled in 1858-9 by Colonel Colin Mackenzie, Agent Governor-General, setting forth in a most truthful manner the relations between the Nawabs of Bengal and the British Govern- ment 211 Letter from Colonel Colin Mackenzie to the Secretary to the Government of Bengal regarding the claims of the present Nawab Syud Munsoor Ullee, 25th May, 1859. . 231 Correspondence relating to an affront supposed to have been offered to the Agent Governor-General, which brought about an estrangement between the Nawab and that officer 239 Correspondence relating to the dismissal of the Dewan by the Nawab, and the action taken in the matter by the Agent Governor-General and the Government of India 241 Correspondence regarding the loss sustained by the Nawab through the unwarranted stoppage of his Stipend by the Agent Governor- General, and the singular procedure of the Government in the matter. . 265 Extract from letter to the Secretary to the Government of Bengal, conveying the opinions of the Governor- General in Council regarding the claims of the Nawab CONTENTS. Page as set forth in his Memorial of 1857 to Her Majesty's Secretary of State for India in Council, dated 14th January, 1862, forwarded to the Nawab for his in- formation. ......... 269 Extract from a Despatch, dated 17th June, 1864, from Her Majestj 's Secretary of State for India in Council to His Excellency the Governor-General in Council, conveying the Sentiments of Her Majesty's Govern- ment on the claims of the Nawab of Bengal as ad- vanced in his Memorial of 1857 279 Memorial addressed by His Highness Syud Munsoor Ullee, the present Nawab of Bengal, Behar, and Orissa, to His Grace the Duke of Argyll, K.T., on the 28th July, 1869. 289 PREFACE. ON whomsoever may devolve the unthankful task of compiling records of any episode in the Government of India, or whatever may be the prejudice with which he commences by exhibiting the severe necessity for un- restricted rule over a people incapable of constitutional institutions, his narrative, whatever its historical preten- sions may be, will invariably degenerate into a story beginning with intrigue, continuing in spoliation, and terminating in confiscation. Such, for the most part, is the history of all Indian Princes in connection with the British Government of India, nor is the present work an exception to a rule so general. The first centenary of the last Treaty with the Nawab of Bengal was completed on the 21st March last. A hundred years in the history of Europe, where the progress is gradual, can hardly be realized ; but a century in the history of British India unfolds a pano- rama commencing with the establishment of a few fac- tories in comparatively insignificant parts of the coast, Xll PEEFACE. and terminating in the efforts to consolidate and im- prove one of the largest and most powerful empires in the world. To Englishmen, the value of this vast Imperial posses- sion is of paramount importance, for with this Depen- dency we have acquired a position amongst the Nations of the Universe, which, from our insular and isolated position, it would in vain have taxed Anglo-Saxon ener- gies to have gained. India affords a ready market for our manufactures, an almost inexhaustible store-house for the supply of raw material wherewith is provided employment to British labour, supported and encouraged by British enterprise and British capital ; it also fur- nishes an ample field for the development and profitable use of the talents and energies of our young men, which would otherwise only help to overstock our market of intellect at home. Yet with all these advantages, and despite this universally acknowledged importance, how small is the interest displayed by Englishmen in matters relating to the welfare and prosperity of this vast Depen- dency. A debate on Indian Affairs in the House of Commons is invariably marked with the characteristic feature of " empty benches," and not unfrequently with what is worse, a " Count Out." To right-thinking men the injustice of this apathy has been not only bitterly felt, but has led to remon- strance, yet we doubt not from our daily growing closer connection by telegraphs and railways, India and Indian questions Avill not only form subjects of general notice but of absorbing interest. The apathy of which we have complained has doubtless led in many instances to PREFACE. Xlll the Government of India adopting a course of policy which, to Englishmen, lovers of Truth, Justice, and Freedom, is abhorrent, and would in our individual capacities be shunned equally with a deadly plague. But that which Englishmen, as individuals, would blush to hear themselves charged with, much less be guilty of committing, they in their collective and corporate capacity, sometimes unhesitatingly accomplish ; and Eng- lish talent and genius are, we regret to say, too often prostituted in support of the cause of wrong and injus- tice. It has been assumed by a few eminent statesmen and writers, that the secret of British success in India is en- tirely dependent upon the extinction of Sovereign rights and sway amongst the Native Princes of that land ; that, in fact, for the English rule in India to be secured upon a firm and sound basis, the policy of the Indian Govern- ment must be " Annexation." Without discussing the soundness, or otherwise, of this doubtful policy, it has at no time been maintained that we should not only deprive the Princes of India of their possessions, but also rob them of their moveables and moneys ; this doctrine we are happy to say, whatever may have been the private practice of our Indian Administrators, has never been expounded with authority. The Great Mutiny of 1850 7 was an outbreak entirely due, not to a general discontent of the people at the disturbance of their landed tenures, or an insubordina- tion of the military occasioned by interference with their religious prejudices, for these were but instruments, not causes of rebellion, but to the now well-known determi- XIV PREFACE. nation of certain powerful natives no longer to endure the insidious treachery of Indian Government policy, and their fixed resolution to put a stop to, and to revenge the continuous course of accumulated, although almost insensible, injuries and encroachments perseveringly carried on against them by the East India Company's officers. The severe lesson then administered by such a remonstrance in arms, would, doubtless, have induced the Company to conduct their Government of India upon more just principles, had not a knowledge of the cause and effects led to a wise resolution of Her Majesty to take from the corrupt hands of a Commercial Body the sceptre of empire over two hundred millions of human beings, and no longer to expose the British rule to the odium of a nar- row-minded and mercenary policy. The hopes of India rose with the generous Proclamation of Her Majesty in 1858. and the native Princes of India were gladly folded under the wings of their encompassing Angel " British Empire." Since that time, year after year has seen documents set forth on official authority, gratulatory of the material improvements effected in the managment of Indian affairs. But the moral policy of the Council in India has remained the same. There has been no cessation of the trenching towards confiscation as regards the Indian Native Princes that was left behind in the official desks of the Company what was commenced in 1760, counselled in 1816, connived at in 1834, determined upon in 1854, and directed in 1862, was approved in 1864, and would have been effected in 1869 but for the bold determination of the intended victim, no less a personage than His Highness the Nawab PREFACE. XV of Bengal, Behar and Oiissa the oldest ally and greatest friend in India of the English power to appear in person before Her Majesty, the Parliament, the People, and the Law of England, and to appeal for redress in the present for himself, and protection in the future for his family. Thus the knowledge has been forced upon the English public hitherto careless of Indian circumstances that although the leading idea of the governing power in India was outwardly changed in person as in expression, the bureaucratic idea remained identical. So that it has happened that things have been done in the name of Her Majesty as Empress of India which are intolerable in any country subject to British laws, and governed according to British principles of justice. That such things were possible under the sway of the East India Company there is no unwillingness to confess, but that it may be possible to suffer injustice from British Indian Imperial Government such as His High- ness the Nawab of Bengal comes to complain of at the foot of the throne of England, some might feel inclined to doubt. To such, a painful spectacle must have been presented on the 1st March last iu the Judicial Committee of the Privy Council, when their Lordships gave judgment on the Appeal " Her Majesty's Secretary of State for India versus Mussamat Khanzadee," a short quotation from which is annexed : " The Government was much in the wrong in taking " possession as they did, and that this Appeal never " ought to have been brought. Their Lordships will " therefore humbly advise Her Majesty that it be dis- " missed. The dismissal should be with costs." XVI PREFACE. The Government alluded to is that of India as con- trolled by Her Majesty's Secretary of State and the Indian Council, which Council is thus described by Sir William Deuison : Council of India: "The gentlemen composing this " Council can only give the Secretary of State the record " of their past experience ; they dream of the India of the " present day as that of their youth ; they can give no " information which cannot be obtained in a much more " perfect and correct form from the local authorities in " India ; their advice is disregarded by the Secretary of " State when it does not harmonise with his own views, " and is merely made use of by him to shelter himself " from the responsibility which ought to devolve upon " him of thinking out and deciding questions submitted " to him from India ; questions, I may say, which would " be, in most instances, better dealt with by a fresh mind " than by a body constituted like that of the Indian " Council." It is against the unjust and arbitrary decision of this tribunal in 1864 on the subject of his legitimate and hereditaiy rights that the Nawab Nazim of Bengal now appeals to the enlightened British Public. " Can it be possible," an English gentleman would ask, " that on the termination of a contest for disputed sove- reignty in which essential services had been rendered by those noblemen to the victor, after receiving from the head of a noble family, say the Dukes of D e or A 11, the management of his estates and the administration of his territories on condition of supplying a certain sum annually as revenue, the potentate, acting as steward PREFACE. XVII after obtaining through such administration a complete command over the property should turn round upon the family of his original employer and styling him the Duke of D e or A 11 a 'titled stipendiary/ should declare the settlement (after a lapse of a hundred years) to have been only a personal agreement with his ancestor, and propose to cut away his rank, and lop off his revenue, leaving him only a bare annuity in the residue called a life-interest, but secured only on his (the payer's) caprice or convenience, with the addition of an insulting offer for the apprenticing of his sons to some trade ?" Such, nevertheless, is the object, intent, meaning and history of the following passage relating to the Nawab of Bengal, which occurs in a Despatch addressed by Sir C. Wood as Secretary of State for India to the Governor- General in Council in India a passage no doubt purposely concealed and omitted in the copy supplied to the Nawab himself. "I am of opinion that the future position of Nawab " Nazim's sons should be fixed and defined with as little ' delay as possible. Her Majesty's Government desire to " have the views of Your Excellency on this subject. " Your Excellency is aware that this Government are fully " sensible of the INCONVENIENCE OF PERPETUATING IN THIS " OK ANY OTHER FAMILY A LINE OF TITLED STIPEN- " DIARIES without power and responsibility, and without " salutary employment, &c., &c., it would seem to be the " wish of the Nawab Nazim that his sons should be " trained to some useful occupations. I should be glad " if arrangements could be made for enabling them to " become useful members of society. The accumulation in XVlll PREFACE. " the Nizamut Deposit Fund MIGHT afford permanent en- " dowment to a certain extent." A similar proposal submitted to the House of Com- mons by the Chancellor of the Exchequer, as Dewan of the United Kingdom, in regard to Her Majesty's Civil List, would not be more absurdly illogical or flagrantly unjust. To impose some check by public opinion on the con- tinuous urging of such a policy is the main object of the present compilation of documents in regard to the Case of His Highness the Nawab of Bengal. In defence of his children's rights, he appears in this country as a Petitioner of Eight. It was in his country and through his ancestor's services that the English secured a per- manent footing in India in 1757; it was by his own loyalty that they were enabled to maintain it in 1857. That any such power will again fall to the hands of an Indian Native Prince is not probable. Her Majesty's nile as Empress has grounded a far different policy than what led up to the deplorable events of that sad period. But before the effects of such an improved policy can be realized to their full extent, it will be necessary that the old principles that have formed the ground-work of Indian official action should be entirely eradicated. Surely, when all is said, " honesty is the best policy." What is called the English Government of Bengal was established upon commercial principles by com- mercial men. The East India Company never received any authority to govern the Provinces of Bengal, Behar, and Orissa ; they were appointed first by the Nawab PREFACE. XIX and afterwards by the Emperor of Delhi Chancellors of the Exchequer under the Nawabs' Government. Whatever authority the English Government of Bengal now possesses, has been nssumed. In all their re- lations with the Nawabs of Bengal descended from Meer Jaffier the East India Company treated the Nawabs as Independent Princes, for it was a well known fact that they had purchased their independence by paying a fixed tribute of twenty-six lacs of rupees a year to the Emperor of Delhi, and were therefore de facto Inde- pendent Princes, and could only be treated as such. No revolution of the people has overthrown their power, nor have they committed any breach of Treaty with the English by which they could legally be said to have sacrificed their honour, or the protection to which they are entitled at the hands of the British Government. What was stipulated in the original Treaties and Agreements with the Nawabs is justly due to them, and should speaking in a commercial sense alone be paid over to them without further chaffering or unjust ques- tion. Even in its best form, the present policy of the Go- vernment of India has attained no higher range than that of standing by injustice, and doing no more wrong. This idea was clearly set forth by Sir William Denison while acting temporarily as Governor-General in 1864, nor does he disguise the present condition of things, nor seek to conceal the wrong done. " The more I see of the state of things in this country^ " the more earnestly do I wish for alterations and reform ; " yet the growth of abuses has been so natural and so gra- XX PREFACE. "dual, each step having been almost a necessary conse- " quence of the preceding one, that it is difficult to know " where to begin, and having begun, equally difficult to " know where one is to stop. Many matters come before " me which involve a consideration of the treatment dealt " out by us to the great men of the land in former times, " and which impress me with the conviction that we acted " towards them most nefariously ; but were I to attempt to " grant redress to the children of these, where could I stop? " I should have to give over a large slice of the Madras " Presidency to others who, ignorant and full of native " prejudices, would bring back a state of things, which, " if not past, is, at all events, passing away. I have made " up my mind, therefore, not to attempt to redress here- " ditary injustice; but taking what happened before my " time as a fait accompli, to be careful that no complaint " is made against me." However plausible and superficially politic such-like sentiments may be, they are neither commouly honest nor just. They resemble the simple idea of the " cateran " set in action on a large scale over an empire of two hundred millions of people, " The robber's simple plan Tliat they should take who have the power, And they should keep who can." In the present instance of the claim now submitted to the patient investigation of the .reader, the present Nawab Nazim has come to this country to seek at the hands of the British Government and Nation, that justice PREFACE. XXI and redress which have been denied him in India. His claims are based entirely upon Treaties, public official Letters and Proclamations of the Government of India, and that also of Her Majesty. He seeks no favour, but simply desires a public and patient enquiry and investi- gatiou of his just claims, and he does this as a faithful servant and loyal adherent of Her Most Gracious Ma- jesty. If those claims, on public and patient investiga- tion, should prove just and legitimate, it is beyond the question to evade payment by pleading inexpediency. His Highness has at all times shown a desire to meet the Government in a friendly spirit, and to settle his claims amicably without embarrassing them. Had he been met in an equal spirit, there is no doubt that the vexed question of the " Claims of the Nawab of Bengal" would have been settled long ere this. London, 2nd May, 1870, GLOSSARY. Aanut Assistance. Amils Collectors . Asamee Defendants. Ashur Khana Department relating to the celebration of the Mo- hurran. Baboo A Hindoo gentleman. Bahadoor Brave or noble. Bakshi Controller of the Army. Banchoot A term of abuse. Batta burdar A man who attends an Indian Prince to supply him with spices, beetle leaf, &c. Batta Discount or difference in exchange. Bazar Market place. Beea Interested. Bester Bedding. Begum Princess ; now used as a complimentary title only. Behala Treasury, or paymaster's department. Beyt Switch or cane. Bhaebunds Intimate acquaintances. Bhatjee A Hindoo physician holding a diploma. Bheestee Water carrier. Burkundauzes Military police ; constabulary. Chelah Disciple or follower. Chobdar Mace bearer. 6 XXIV GLOSSARY. Chokedar Policeman. Chuckla A district or part of a province. Chunam Lime. Circar Government. Co** Two English miles. Cutcha Haw or green. Daroga h Superintendent . Dewan Collector of Revenue and paymaster. Dewanny Office of Collector of revenues. Dewanny Sherista Dewan's office department. DoJiay Help. Domdeen A humbug or deceiver. Dustuck Pas sport. Emaruth Building department. Fakeer or Faquir Mendicant. Farashkhana Tent department. Firmaun Letters patent or royal charter ; edict. Foujdar A magistrate or collector. Foujdarry Magistrate's court or collector ate. Futwa Decision given by a Mahomedan law officer. Garries Carriages or carts. Gareewan Coachman or carter Gatch Tree. Gentoos Hindoos. Ghurries Hours . Golam Slave. Gomastah Agent. Hakeem Mahomedan physician. HathA, measure of 18 inches. Hookah A native pipe. Humlogko dhoopme dooraya You have made us wander about under the hot sun. Humko nahuk marta He is beating me unjustly. Hurkara Commissioner or messenger. Hurwmzadur A term of abuse. Huslulhookum A customs pass. Huzoor Your Honour : a term of respect applied by an inferior to a superior. GLOSSARY. XX Imteazy S uperior . Jaghire A pension in land for services rendered ; a fief or freehold. Jayhirdar Fiefholder or freeholder. Jemadar Head of a department of servants. Jharoo Birch or broom. Jugy Jugged. Jungle Wild place ; forest. Kanat Side wall of a tent. Karkhanah Place where work is done ; department. Keories Husbandmen. Khalsa Shereefa Freehold. Khana Department or room. Khas KhawasA. chosen servant or personal attendant. Khavas Valet or footman. Khazanchee Treasurer. Kheema Tent. Khoonrays Executioners. Kistbundy Instahnent. Kooberaj A Hindoo physician without a diploma. Koob maro Beat very much. Korah Whip. Kullumdan Khana Privy purse. Lakh One hundred thousand. Latteals Men who fight with sticks. Licka ap Did you write this. Lushkar Camp. Mahout Elephant driver. Majholee A kind of cart. Mamoolat A customary allowance. Marhrohe or Mohurrir A clerk or writer. Maro Beat. Meah Eunuch or chamberlain. Meeanah A conveyance, like a Sedan chair, for invalids and women. Meer The distinctive appellation of a descendant of Mahomed. Meer Samana Commissariat department. Mehal Serai Seraglio. Mehter Scavenger. Mofussil Country : opposed to town. 6 2 XXVI GLOSSARY. Mohafez Jchanah Record room. Mohurrum Celebration of the Martyrdom of the grandsons of Mahomet. Mohwrrir S cr ibe . Molazum Courtier. Molazuman Imteazy Officer of the Court of an Indian Prince. Moojrayee Crier of a Court. Mookbarah Tomb or Mausoleum. Moonshiejf An Indian subordinate Judge. Mo ors Mahomedan . Mosakib Aide-de-Camp. Muftee Law officer. Musnud Throne. Mutaynat An appointed perquisite. Muttasuddees Accountants . Naib, Naib Soubah Deputy, Nawab' s deputy. Nawab or Nabob Ruler of a Province of the Empire. Nawab Nazim Originally 'Deputy Ruler or Viceroy of the King of Delhi, but subsequently an Independent Tributary Prince. Nawab Nazir Chamberlain, an office usually held in the East by eunuchs. Nautch girl A dancing girl. Nazim A title generally applied to eunuchs or other people holding responsible service appointments. Nizamut Nawab Nazim, his Court Family and Government. Nizamut Adawlut The highest Indian Appellate Court. Nukeeb A crier, herald. Nutthee A bundle of papers. Nuzzer A homage gift. Omrahs Noblemen . Oomedwar A hanger-on waiting for employment. Pal A gipsy tent made of matting. Pandish bearer A servant-in-waiting upon an Indian Prince with spices, perfume, &c. Peadah A foot soldier of the body-guard employed as a servant. Peons Commissionaire or messenger, Peruneeah One who writes down evidence in a Court Pergunnah A parish or part of a district. GLOSSARY. XXV11 Perivannah An order or pass in writing. Pheel Khana Elephant department. Rajah A title of Hindoo nobility. Razdarre Councillor. Reiat or Ryot A tenant. Robokarunavees Writer of summary decisions. Rowana A customs pass. Rupee Two shillings ; florin. Russee A rope used as a measure about 30 feet. Ruth A kind of covered bamboo carriage on four wheels. Sahib Gentleman. Sepoys Native soldiers. Shagerd Pesha Menial servants. Shurrah Tenets of Mahomedanism. Siccas The old Indian rupees of about one-sixteenth more value than the English rupees. Sircar A government or head of a department. Sirdar A governor or chieftain. Head man. Soubah Government ; a division of the Empire. Soubahdar Head of the Government of a division of the Empire, Soubahdarry Kingdom, Division of the Empire. Sooruthal The first process of instruction in a Criminal Court. Suddar Nizamut The highest Indian Appellate Court. Suggurgarree A two-wheeled bullock-cart. Sultanut Empire. Sunnud Royal Warrant. Suwarry Retinue. Syce Groom. Talka pal Awning, generally made of mats. Talookdars A land holder. Tamasha An amusing entertainment. Tazeer Guilty. Teen dujfa ya haluth hooa This occurred three times. Thanna Police station. Ticca Temporary employment. Toshakhana Robe department. Ukroba or Akrobah Relations. or Aruzbegy Usher in waiting on an Indian Prince. XXV111 GLOSSARY. Vakeel Agent. Verandah Portico. Vizier Prime Minister. Wogherah Et cetera. Zemindar Landholder. Zemindary Leasehold Estate subject to ground rent. Zillah County or shire. Zimmum Bond or surety. Zulen Oppression or tyranny. Zumistanee Seasonable gifts. INTRODUCTION THE relations between the Nawab Nazim of Bengal and the British Government may be classified under three heads, viz. : Political, Commercial, and Social. The Political relations are consequent on the Treaty of Alliance offensive and defensive entered into with Meer Jaffier by the Repre- sentatives of the British Government in 1757 (Page 6), confirmed by the Treaty of 1763 (Page 9) and ratified by the subsequent Treaty with Nudjm-ul-Dowlah in 1765 (Page 15). The true spirit, intent and meaning of those Treaties have been clearly evinced by the recognition of the descendants of Meer Jaffier as Soubahdars and Nawabs Nazim of Bengal, Behar and Orissa, up to the present day, and although they have since 1772 been deprived of XXX INTRODUCTION. the power vested in them, as also many of their rights and privileges, no legitimate reason can be adduced in support of such an arbi- trary course of procedure. The Commercial Relations are grounded upon the Firmaun of the Emperor of Delhi in 1765 (Page 19), and the Agreement (Page 22) with Nawab Nudjm-ul-Dowlah, who made over the Freehold of his own personal estates as well as that of the Imperial Lands to the Company as a Feud, and agreed to accept a round sum of about 570,000 per annum as the Nizamut share of the Revenues to be regularly paid as long as the East India Company's Factories continued in Bengal. This arrangement was subsequently modified by mutual consent, and by a Treaty and Agreement in 1766 (Page 23), and at last definitely fixed by the Treaty and Agreement of 1770 (Page 26), "for ever." Since that time no formal Treaties have been entered into to regulate this allowance, and it does not follow that because the Nawabs Nazim, as powerless Princes, were unable to exact the full amount then agreed upon, and were obliged perforce to accept whatever sum their powerful Allies chose to pay them, that they are in consequence not legitimately entitled to the INTRODUCTION. sum fixed by mutual arrangement in 1770 ! Such a conclusion would be both unjust and, commercially speaking, untenable. The Social relations are those by which society is regulated, whereby men of rank are entitled to a certain amount of respect as becomes their position. These relations have been sadly departed from by the officers of the British Government in their dealings with the present Nawab, and right- thinking men may satisfy themselves of the truth of this assertion by a perusal of the Correspondence from Page 238 to Page 268. Notwithstanding the repeated assurances of Governors- General to support the happiness, dignity and high station of the Nawab, even his private rights have been invaded, his in- come has been arbitrarily curtailed, and the management of his own family, the dismissal of his own servants, and even the religious services over his ancestors' tombs have been successively interfered with, each invasion being quoted as a precedent for another. His Highness has thus been subjected to in- dignities which no man, however humble his position, would brook without remonstrance ! Is it, then, to be wondered at that the Nawab XXX11 INTRODUCTION. Nazira is now appealing to the British Govern- ment for redress and protection ? With regard to the Nawab Nazim's political and commercial privileges it has been plausibly asserted that " under the Treaties (with his ancestors) the Nawab Nazim has no acquired rights," and " that the Family of the Nawab Nazim of Bengal have under the Firmaun of Shah Allum, no claim upon the British Government," but these assertions are un- supported by legal authority, or by the con- ditions under which the Company acquired the Fief of the Provinces of Bengal, Behar and Orissa ; for when the office of the Dewanny was conferred upon the Company, they became Chancellors of the Exchequer only, and were not invested with any governing powers. All such powers were reserved for the Nawabs Nazim with a stipulation in the Firmaun that their expenses and those of their family and court should first be provided for out of the revenues of the provinces. The following extract of a letter from the Court of Directors themselves dated 17th May, 17C6, clearly exhibits the relative duties of the Company and the Nawab : " We conceive the " office of Dewan should be exercised only in *' superintending the collection and disposal of INTRODUCTION. " the Revenues, which office though vested "in the Company should officially be executed " by our Resident at the Durbar under the " control of the Governor and Select Com- " mittee, the ordinary bounds of which control " should extend to nothing beyond the super- " intending the collection of the Revenues, " and receiving the money from the Nawab's " Treasury to that of the Dewannah or Com- " pany This we conceive to be the " whole office of the Dewanny. The Admin- " istration of Justice, the Appointment of " Offices, Zemindarries, &c., in short what- " ever comes under the denomination of Civil " Administration we understand is to remain " in the hands of the Nawab and his ministers." (vide Page 469 of Long's " Selections of Un- published Records of the Government of India.") This letter explains the dualistic form of Government which united the interests of the East India Company and the Nawabs Nazim of Bengal, Behar and Orissa, and no legal authority was ever given to the East India Company which entitled them to control the whole Administration of the Provinces. This usurpation of power took place in 1772 during the minority of the young Na\vab Mobaruck- XXXIV INTRODUCTION. ul-dowlah, while his affairs were conducted in Trust by the Prime Minister Mahomed Eeza Khan who had been appointed to that office by a former Nawab, and even allowing that the Company were obliged to assume the temporary management of the ISTawab's Government during his minority, as Regents they were morally bound to restore to him the management of his affairs when he was old enough to govern. The Judicial Branch of the Administration alone was restored and con- tinued under the control of the Nawabs Nazim until 1838-40, when in consequence of the non-age of the present Nawab, that also was taken up by the Company for their own purposes, thus leaving the Nawab against his own will " without power and responsibility, and without salutary employ- ment" This fact was ungraciously .taken up in 1864 by Her Majesty's Secretary of State for India, and dwelt upon as a reason for depriving the children of the present Nawab Nazim of those rights, dignities and privileges which have been guaranteed to the family by solemn Treaties, and these Princes have been ignominiously styled " Titled Stipendiaries," liable at any moment to have their means of subsistence taken from them, although their INTRODUCTION. XXXV rights were secured " for ever" by the provisions of a mutual agreement based upon the stipu- lations of the Imperial Firmaun, which while it constituted the Company Fiefholders and Chancellors of the Exchequer, especially pro- vided for the support of the Nizamut. The Eevenues of the Provinces of Bengal, Behar and Orissa were only made over to the East India Company in Trust on certain con- ditions, and it is the breach of those conditions which is clearly hinted at in the Despatch of 17th June, 1864 (Page 279). Such a narrow- minded Policy, however, is opposed to all the rules of morality, and to the magna- nimous principles of the British Govern- ment, and if carried out would throw a slur on the good name of the British Nation, and expose our credit to justifiable attacks from foreigners, which it is the duty of every Englishman to carefully guard against. Commercially speaking, such an act of con- fiscation would be analogous to that of a banker or agent, holding the control of certain moneys or lands placed in his custody under a proviso that a portion thereof should be paid for the support or benefit of a ward in Chancery, refusing to meet the claim on a plea of inexpediency or from self-interested motives. XXXVI INTRODUCTION. The British Government would be as much justified in repudiating the claims of all those who now hold the bonds and securities of the East India Company in the form of Company's Papers, &c., as in cancelling the Treaties and engagements made with the Nawabs Nazim of Bengal, Behar and Orissa. Both were given for value received by the East India Company, and as the British Government bound itself by Royal Proclamation to abide by all such en- gagements and to maintain them scrupulously, surely no State Policy should dictate the abrogation of the one without the other, or in other words, make the weak suffer while sup- porting the strong. The present Nawab Nazim, as a powerless Prince, relies entirely on the moral support and protection of the British Public against a premeditated act of injustice to himself and his family. He asks for no favour, and the fact of his seeking a public investigation and inquiry into his claims, which have not yet been controverted by the Government, will naturally lead thinking men to the conclusion that he has justice on his side, and that " his weakness is his strength." A COMMERCIAL VIEW OP THE BETWEEN THE BRITISH GOVERNMENT NAWABS NAZIM OF BENGAL, BEHAR AND ORISSA. That commerce is one great source from which national importance is derived, is unquestionable, for history points out that the energies of many great nations have been directed to the protection of it, and that with the decline of their commerce, such nations as the Dutch, Spanish, and Portuguese lost their influence, and sunk into ob- scurity, yielding the palm of greatness to other Powers, foremost among which now stands England. The British nation is essentially commercial, and to this fact may in some measure be attributed our position as the leading Power of the world, since our influence has been derived from the enormous resources of our country, accumulated B to a great extent by the importation of the material wealth of other lands over which we hold sway. The greatest and wealthiest of our possessions is India (which has been very appropriately styled " the brightest jewel in our Regal Crown"), it is to a part of India, there- fore, and an Indian question, founded upon our commer- cial relations with that country, that this paper is par- ticularly dedicated. The first Europeans we read of who obtained a settle- ment in India for the purposes of trade were the Portuguese, whose example was followed first by the Dutch, and afterwards by the French and English. With- out entering into historical details, connected with the Charter granted by Queen Elizabeth to the English merchants trading to the East Indies, it will be sufficient for our purpose to give an outline of the Government of India, and more particularly of that portion of it to which we wish to draw public attention (the Provinces of Bengal, Behar, and Orissa) from the year 1636, when, through the influence of an English surgeon named Boughton, a few enterprising British merchants obtained a Firmaun (Patent) from the reigning sovereign, Shaw Allum, to trade free of customs throughout all his dominions. India had at that time, after many and great revolutions, become subject to the Emperor of Delhi, commonly known as the Great Mogul, and was divided into several provinces or kingdoms called soubahdarries, the govern- ment of which ras entrusted by the Emperor either to his sons or to viceroys of Royal lineage, called Nawabs, who, as rulers of the Soubahdarries, were styled Soubahs or Soubahdars. These Soubahs paid tribute to the Eoyal Court at Delhi, but exercised full power in their own Provinces as Independent Princes, so that it became in- cumbent on our traders to obtain their consent as well as that of the Emperor before they could carry on their commercial operations in the several provinces. Thus circumstanced, our merchants were occasionlly interfered with by some of the Nawabs, and having been at last expelled from, the country, they appealed to King James the Second, who sent out some ships with troops to protect the rights and interests of his subjects, and secure the establishment of that commercial body known to us as the Old East India Company, who prosecuted their trade with varied success until the year 1698, when another Company of merchants was formed in England, under the auspices of King William. III., for the purpose of trading with India. This new es- tablishment excited the jealousy and indignation of the old traders, who exerted all their power to overthrow it, but without effect, till 1705, when, after much discus- sion, a union of the two interests was agreed upon, and a Royal Charter was obtained for the United Company of English Merchants trading to the East Indies. This union of the two Companies was the first step towards the establishment of British power in the East, for their combined efforts and joint capital enabled them to en- large their operations by buying land, building factories and forts, hiring troops, and putting themselves in a position to defend themselves in cases of emergency. The commerce of Bengal the richest Province in India, and which at that time, together with Behar and Orissa, was governed by Prince Azim-ul-Shan, grandson of the B 2 4 Emperor Aurungzebe became their chief study, and they accordingly obtained permission from the Nawab for carrying on their operations in that Province, even under heavy restrictions. The trade of the Company, however, increased but slowly until the time (1741-1756) of Nawab Aliverdy Khan (the fifth in succession after Prince Azim- ul-Shan), who, being well disposed towards the English, entered into a Treaty with them, and granted them many concessions which enabled them by right of pur- chase and other means to establish themselves per- manently as traders in the country, in which capacity they might have existed up to the present day, had not circumstances occurred after the death of Nawab Aliverdy Khan, which roused the indignation of the British Go- vernment, and led to those events which opened out a new era in the history of Bengal, and gave birth to the policy by which, under cover of Solemn Treaties and Engagements, the Company eventually secured for them- selves the Supreme Administration of the three Provinces of Bengal, Behar, and Orissa, and the way was thus opened for the introduction of the Wise Laws and Noble Institu- tions of our country into a land that for many ages had been the scene of political intrigue, massacre, and blood- shed. But while admiring the great results of that policy as exhibited in the improved condition of the country and also in the advantages gained by it for the British Nation, -we should not lose sight of the faithful representatives of our oldest ally, Meer Jaffier to whose influence and co-operation alone can be attributed the suc- cess which has accompanied it. It is, therefore, to His Highness Syud Munsoor Ullee, the present Nawab of Bengal, Behar, and Orissa, that we would now draw public attention, and, after giving a brief account of his ancestors their position and relations with the East India Company, their loyalty, and faithful attachment to the British Crown, notwithstanding the arbitrary measures of the Government of India which have resulted in their humi- liation, and which will be fully set forth herein, we will introduce for public consideration His Highness' grievances as set forth ia his Memorial to Her Majesty's Secretary of State for India in Council, wherein he describes the unjust treatment he received at the hands of the local Government of India which led to his leaving his home and his family and visiting our country in the hope of obtaining from Her Most Gracious Majesty and Her wise and just Go- vernment and People that justice and redress for his wrongs for which he and his loyal Predecessors have vainly applied in India ! Nawab Aliverdy Khan (who left no male issue) had three years before his death nominated his grandson Mirza Mahomed (better known as Suraj-ul-dowlah) his successor. This Prince, being of a sullen, cruel, and tyrannical disposition, was quite unfit for the position he occupied, and he was in consequence disliked by his own people, and by everybody with whom he held intercourse ; it may, therefore, be readily conceived that he soon made himself obnoxious to the English Company, whom he had determined to drive out of the country. His success against the English and his cruel acts which terminated in the dreadful tragedy of the Black Hole in Calcutta (too well known to need comment here) led the Company to enter into an intrigue with his relatives and their supporters for the purpose of dethroning the tyrant and placing another member of the Royal House on the musnud. Accordingly, negociations were commenced with Meer Jaffier AH Khan, the son-in-law of Nawab Aliverdy Khan a nobleman of Royal lineage, and great influence, and Commander-in-Chief of the Army, who had always shown himself a zealous friend and supporter of the English, He undertook to make good the losses the Company had sustained if they would lend him their assistance and co-operation as feudatories in obtaining possession of the throne ; this the Company agreed to do, and drew up the famous red and white treaties under the direction of Colonel Clive, who afterwards, through the instrumentality of Meer Jaffier AH Khan, succeeded in defeating Suraj-ul-dowlah at the memorable battle of Plassey, on the 15th June, 1757, and on the accession of Meer Jaffier AH Khan, concluded the Treaty with the new Nawab, of which the following is a acknow- ledged to be a true copy. The original was supposed to have been subsequently destroyed by Colonel Clive for his own protection, when he was accused of having forged Admiral Watson's name on it. Translation of ike Public Treaty made with ADMIRAL WATSON, COLONEL CLIVE and the other counsellors, ME. DRAKE and MR. WATTS, as written in Persic, &c., &c., and signed by MEER JAFFIER ALI KHAN with his own Jiand. (Vide Orme's " History of Indostan" Vol. II., Page 161.) " I swear by God, and by the Prophet of God, to abide by the terms of this Treaty whilst I have life." Article 1. WhateTer Articles were agreed to in the time of peace with the Jfabob Surajah Dowlah, I agree to comply with. Article 2. The enemies of the English are my enemies, whether they be Indians or Europeans. Article 3. All the effects and factories belonging to the French in the province of Bengal, the paradise of nations, and Behar, and Orixa, shall re- main in the possession of the English, nor will I ever allow them any more to settle in the three provinces. Article 4. In consideration of the losses which the English Company have sustained by the capture and plunder of Calcutta by the Nabob, and the charges occasioned by the maintenance of the forces, 1 will give them one crore of rupees. Article 5. For the effects plundered from the English inhabitants at Calcutta, I agree to give fifty lacs of rupees. Article 6. For the effects plundered from the Gbntoos, Moors, and other in- habitants of Calcutta, twenty lacs of rupees shall be given. Article 7. For the effects plundered from the Armenian inhabitants of Cal- cutta, I will give the sum of seven lacs of rupees. The distribution of the sums allotted to the English, Grentoo, Moor, and other inhabitant, of Calcutta, shall be left to Admiral Watson, Colonel Clive, Roger Drake, William Watts, James Kilpatrick, and Richard Beechers Esquires, to be disposed of by them to whom they think proper. Article 8. Within the ditch which surrounds the borders of Calcutta, are tracts of land belonging to several Zemindars ; besides these, I will grant to the English Company 600 yards without the ditch. Article 9. All the land lying south of Calcutta, as far as Culpee, shall be under the Zemindarry of the English Company : and all the officers of these parts shall be under then- jurisdiction. The Revenues to be paid by the Company in the same manner as other Zemindars. Article 10. Whenever I demand the assistance of the English, I will be at the charge of the maintenance of their troops. Article 11' I will not erect any new fortifications near the River Ganges below Hoghley. s Article 12. As soon as I am established in the three provinces, the aforesaid sums shall be faithfully paid. Dated the 15th of the month of Eamagan, in the fourth year of the present reign. This Treaty as written by the English, contained the sense of the above Articles, though in different words, and concluded with an ad- ditional clause to the following effect : Article 13. On condition, Meer Jaffier Cawn Bahadur solemnly ratifies and swears to fulfil the above Articles, we, the underwritten, do, for and in behalf of the Honourable East India Company, declare on the Holy Evangelists, and before God, that we will assist Meer Jaffier Cawn Bahadur with our whole utmost force to obtain the Subahships of the Provinces of Bengal, Behar, and Orixa, and further, that we will assist him to the utmost against all his enemies whatever, whensoever he calls upon us for that purpose, provided that when he becomes the Nabob, he fulfils the above Articles. This Treaty was signed by ADMIEAL WATSON, COLONEL CLTVE, ME. DEAKE, ME. WATTS, MAJOE KILFATEICK, ME. BECHEE. The donations to the Army, Squadron, and Committee were written in another Treaty. We need not dwell upon the flight and miserable death of Suraj-ul-dowlah, suffice it to say that Nawab Meer Jaffier Ali Khan was duly installed as his successor, and was confirmed in the office by a sunnud (patent or pro- clamation) from the Emperor of Delhi, without which he must have been looked upon as a usurper for though long before this time the power of the Great Mogul had been on the decline, and most of the Nawabs had ceased to obey the Royal mandate, yet the form of applying to the Royal Court for sunnuds (patents) confirming any changes that might take place in the direct line of sue- cession of the Nawabs had not been quite abolished. The right of succession, therefore, of the family of Nawab Meer Jaffier Ali Khan having been confirmed by the Emperor of Delhi, no grounds could thereafter be ad- duced for interfering with them without cruel injustice ; yet, because the Nawab Meer Jaffier was unable to meet the exacting demands of the Company's servants, a conspiracy was formed against him while Olive was away, and he was induced to retire from public life, and make over the Government of the Provinces to his son-in-law, Meer Cossim Ali Khan, whom the ser- vants of the Company used as an instrument for carrying out their ends. But Meer Cossim Ali Khan did not long enjoy his position, for the Directors in England ordered their servants to reinstate the legitimate Nawab, Meer Jaffier Ali Khan, which they accordingly did by an additional Treaty and Agreement, (which is still in the possession of the present Nawab) under which they secured for themselves and the Company many unlooked- for advantages such as gifts of lands, &c. Articles of a Treaty and Agreement between the Governor and Council of Fort William, on the part of the English East India Company and the NABOB SUJAH-UL MTJLCK, HOSSATN-O-DOWLAH, MEER MAHOMED JAFFIER KAHN BAHADUR, MAHABUT JUNG, 1763. Company's large Seal. The Seal of the Nabob Meer Mahomed Jaffier Khan, Ba- hadur, Mahabut Jung, &c. On the part of the Company. We engage to reinstate the Nabob Moor Mahomed Jaffier Khan 10 Bahadur in the Soubahdarry of the Provinces of Bengal, Behar, and Orixa, by the deposal of Meer Mahomed Kossim Khan ; and the effects, treasure, and jewels, &c., belonging to Meer Mahomed Kossim Khan, which shall fall into our hands, shall be delivered up to the Nabob aforenamed. On the part of the Nabob. Article 1. The Treaty which I formerly concluded with the Company upon my accession to the Nizamnt, engaging to regard the honour and reputa- tion of the Company, their Governor and Council as my own, grant- ing perwannahs for the Currency of the Company's business, the same Treaty I now confirm and ratify. Article 2. I do grant and confirm to the Company, for defraying the expenses of Troops, the Chucklas of Burdwan, Midnapore and Chitagong, which were before ceded for the same purpose. Article 3. I do ratify and confirm to the English the privilege granted them by their Firmaun and several Husbulhookums, of carrying on their trade by means of their own dustuck, free from all duties, taxes, or impositions in all parts of the country, excepting the article of Salt, on which a duty of 2 per cent is to levied on the rowana, or Hooghly market price. Article 4. I give to the Company half the Saltpetre which is produced in the country of Purnea, which their G-omastahs shall send to Calcutta. The other half shall be collected by my Foujdar, for the use of my offices ; and I will suffer no other person to make purchases of this article in that country. Article 5. In the Chuckla of Sylhet, for the space of five years, commencing with the Bengal year 1170, my Foujdar and the Company's Gomastah, shall jointly prepare chunam, of which each shall defray half the ex- pense, and half the chunam so made shall be given to the Company, and the other half shall be for my use. Article 6. I will maintain twelve thousand horse and twelve thousand foot in the three Provinces. If there should be occasion for any more, the number shall be increased by consent of the Governor and Council proportionably to the emergency ; besides these, the Force of the English Company shall always attend me when they are wanted. Article 7. Whenever I shall fix my Court, either at Moorshedabad or else- 11 where, I will advise the Governor and Council ; and what number of English Force I may have occasion for in the management of my affairs, I will demand them, and they shall be allowed me, and an English Gentleman shall reside with me to transact all affairs between me and the Company, and a person shall also reside on my part at Calcutta to negociate with the Governor and Council. Article 8. The late Perwannahs issued by Kossim Ally Khan, granting to all merchants the exemption of all duties for the space of two years, shall be reversed and called in, and the duties called in as before. Article 9. I will cause the Rupees coined in Calcutta to pass in every respect equal to the Siccas of Moorshedabad, without any deduction of batta, and whoever shall demand batta, shall be punished. Article 10. I will give thirty lakhs of Rupees to defray all the expenses and loss occurring to the Company from the war and stoppage of their investment ; and I will reimburse to all private persons the amount of such losses, proved before the Governor and Council, as they may sustain in their trade in the country. If I should not be able to dis- charge this in ready money, I will give assignments of land for the amount. Article 11- I will confirm and renew the Treaty which I formerly made with the Dutch. Article 12. If the French come into the country, I will not allow them to erect any fortifications, maintain forces, hold lands, Zemindarees, &c., but they shall pay tribute, and carry on their trade as in former times. Article 13. Some regulations shall be hereafter settled between us for deciding all disputes which may arise between the English Agents and Gomas- tahs, in the different parts of the country, and my Oflicers. In testimony whereof, we, the said Governor and Council, have set our hands and affixed the seal of the Company to one part hereof, and the Nawab aforesaid hath set his hand and seal to another part hereof, which were mutually done and interchanged at Fort William, the 10th of July, 1763. (Signed) HENRY VANSITTART, JOHN CARNAC. WILLIAM BILLERS, WARREN HASTINGS, EANDOLPH MARRIOTT, HUGH WATTS. 12 Before signing this Treaty, the Nawab Meer Jaffier Ali Khan, fearing the Company's servants might again disregard the solemn pledges they had given him to remain his firm Allies, made several demands upon them which were duly agreed to in the following terms : Demands made on the part of the Nabob Meer Mahomed Jaffier Cawn to the Governor and Council at the time of signing the Treaty. 1st- I formerly acquainted the Company with the particulars of my own affairs, and received from them repeated letters of encouragement and kindness, with presents. I now make this request, that you will write in a proper manner to the Company and also to the King of England, the particulars of our Friendship and Union, and procure for me writings of encouragement, that my mind may be assured from that quarter, that no breach may ever happen between me and the English, and that every Governor, Counsellor, and Chiefs of the English that are here, or may, hereafter come, may be well disposed and attached to me. 2nd. Since all the English gentlemen assured of my friendly dis- position confirm me in the Nizamut, I request that to whatever I may at any tune write they will give their credit and assent ; nor regard the stories of designing men to my prejudice, that all my affairs may go on with success, and no occasion may arise for jealousy or ill-will between us. 3rd. Let no protection be given by any of the English gentlemen to any who- may fly for shelter to Calcutta or other of your districts, but let them be delivered up to me on demand. I shall strictly enjoin all my Foujdars and Amils, on all acconuts to afford assistance and countenance to such of the Gomastahs of the Company, as attend to the lawful trade of the Factories. And if any of the said Gomastahs shall act otherwise, let them be checked in such a manner as may be an example to others. 4th. From the neighbourhood of Calcutta to Hooghly and many of the Pergunnahs bordering upon each other, it happens that on com- plaints being made people go against the Talookdars, Reiats and Tenants of my towns to the prejudice of the business of the Sircar. Wherefore let strict orders be given that no Peons be sent from Cal- cutta, on the complaint of any one upon my Talukdars or Tenants ; but on such occasions let application be made to me, or to the Naib of the Foujdarry of Hooghly that the country may be subject to no loss or devastation. And if any of the Merchants Traders, which belonged to the Bucksbunder and Azimgunge, and have settled in Calcutta should be desirous of returning to Hooghly and carrying on their business there as formerly, let no one molest them. Chander- nagore and the French factory were presented to me by Colonel Clive, and given by me in charge to Omer Beg. Cawn. For this reason, 13 let strict orders be given that no English gentleman exercise any authority therein, but that it remain as formerly under the jurisdiction of my people. 5th. Whenever I may demand any forces from the Governor and Council for my assistance, let them be immediately sent to me and no demand made on me for their expenses. The demands of the Nabob Shujaa-ool-Mulck Hissam o'Dowlah, Meer Mahomed Jaffier, Cawn Bahad'r Mohabut Jung, written in five articles. We the President and Council of the English Company do agree and set our hands to Fort William, 10th July, 1763. (Signed) HENRY VANSITTAET. THOMAS ADAMS, JOHN CAENAC, S. BATSON, ,, WM. BILLFES. JOHN CAETIEE, WAREEN HASTINGS, EANDH. MAEEIOTT, J. L. WATTS. But in 1764 the Company's servants again infringed the Nawab's rights by demanding from, him a note of hand for the expenses of their army, which, by the terms of the Treaty, they had no right to ask for. NAWAB MEEE JAFFTEE ALLY KHAN'S Note for five Lakhs of Rupees per month for the expenses of the Army, 1764. Account of money settled for the expenses of the Europeans and Sepoys, the Artillery and raising of the Cavalry, which shall be paid a month sooner or later, according to the particulars undermentioned from the beginning of the month Sophar (31st July, 1764,) of the 5th year of the reign, till the removal of the troubles with the Vizier, viz. In the Province of Bengal at Moorshedabad . . 3,00,000 In the Province of Behar, at Patna .. 2,00,000 Total Eupees 5.00,000 Written the 19th of Bablie-ul-Aioul, the &th year of Jaloos, \Qth September, 1764. 14 N.S. I will include in the aforesaid sum whatever balance may be due from me on account of my former agreement with the Com- pany. It is reasonable to suppose that the Company's ser- vants, having by this time acquired everything that they could reasonably expect, by Treaty or otherwise, in return for their services, and also for the purpose of carrying on the legitimate trade of their employers, would have been satisfied in allowing the Nawab Meer Jaffier Ali Khan and his successors to retain possesion of the throne without further interference on their part, except in so far as they had bound themselves by Treaty to protect the rights and interests of the Nizamut ; but (and we blush to say it) the foretaste of power and annexation led them to forget the principles of truth, honor, and justice (the characteristic virtues of Englishmen), and they sacrificed the credit of the British Nation by departing from their integrity, and breaking faith with their firm and confiding Allies for pecuniary considerations ! When Nawab Meer Jaffier Ali Khan died, his eldest surviving son, Nawab Nudjm-ul-dowlah, ascended the throne, and the Company's servants taking advantage of the confidence reposed in them by the Nawabs, embraced this occasion for obtaining from the new Soubahdar additional benefit for themselves and the Company, by drawing out another Treaty, in which the Nawab was induced, after ratifying and confirming those made with his father, to make further concessions in favour of the Company, and to place part of the military adminis- tration of the country in their hands, besides entertaining a creature of the Company, Mahomed Keza Khan, as his Vizier or Prime Minister. 15 Articles of a Treaty and Agreement concluded between the Governor and Council of Fort William, on the part of the ENGLISH EAST INDIA COMPANY, and NABOB NUDJTJM- TTL-DOWLA. On the part of the Company. We, the Governor and Council, do engage to secure to the Nabob Nudjum-ul-Dowla all the Soubahdarry of the Provinces of Bengal, Behar, and Orissa ; and to support him therein with the Company's Forces against all his enemies. We will also, at all times, keep up such force as may lie necessary effectually to assist and support him in the defence of the Provinces ; and as our troops will be more to be depended on than any the Nabob can have, and less expensive to him, he need, therefore, entertain none but such as are requisite for the support of the Civil Officers of his Government, and the business of his collections through the different districts. We do further promise, that in consideration the Nabob shall con- tinue to assist in defraying the extraordinary expenses of the war, now carrying on against Shujah-ul-Dowla, with five lacs of .Rupees per month, which was agreed to by his father, whatever sums may be hereafter received of the King, on account of our assistance afforded him in the war, shall be repaid to the Nabob. On the part of the Nabob. In consideration of the assistance the Governor and Council have agreed to afford in securing to me the succession in the Soubahdarry of Bengal, Behar and Orissa, heretofore held by my Father, the late Nabob Meer Jaffier Ally Khan, and supporting me in it against all my enemies, I do agree and bind myself to the faithful performance of the following Articles : Article 1. The Treaty which my father formerly concluded with the Company upon his first accession to the Nizamut, engaging to regard the honour and reputation of the Company and of their Governor and Council as his own, and granting perwannahs for the currency of the Company's trade, the same Treaty, as far as is consistent with the Articles here- after agreed, I do hereby ratify and confirm. Article 2. Considering the weighty charge of Government, and how essential it is for myself, for the welfare of the country, andjfor the Company's business, that I should have a person who has had experience therein to advise and assist me, I do agree to have one fixed with me, with the advice of the Governor and Council, in the station of Naib Soubah, who shall accordingly have immediately under me the chief manage- ment of all affairs. And as Mahomed Reza Khan, the Naib of Dacca lias in every respect my approbation and that of the Governor and Council, I do further agree that this trust shall be conferred on him, 16 and I will not displace him without the acquiescence of those gentlemen ; and in case any alteration in this appointment should hereafter appear advisable, that Mahomed Reza Khan, provided he has acquitted him- self with fidelity in his administration, shall in such case be reinstated in the Naibship of Dacca, with the same authority as heretofore. Article 3. The business of the collection of the revenues shall, under the Naib Soubah, be divided into two or more branches, as may appear proper ; and as I have the fullest dependence and confidence on the attach- ment of the English, and their regard to my interest and dignity, and am desirous of giving them every testimony thereof, I do further consent, that the appointment and dismissal of the Muttaseddees of those branches, and the allotment of their several districts shall be with the approbation of the Governor and Council; and considering how much men of my rank and station are obliged to trust to the eyes and recommendations of the servants about them, and how liable to be deceived, it is my further will that the Governor and Council shall be at liberty to object and point out to me when improper people are entrusted, or where my officers and subjects are oppressed, and I will pay a proper regard to such representations, that my affairs may be conducted with honour, my people everywhere be happy, and their grievances be redressed. Article 4. I do confirm to our household affairs, as shall not only add to your reputation anil respect by the discharge of the heavy incumbrarices on your Sirkar, but enable you, by an economical and judicious arrangement of the internal disposition of your household, so to distribute the stipend paid by the Company as shall fully answer all the expenses of your Sirkar, provided Your Highness is equally well inclined with my self for a prudent and attentive superintendence over your own affairs. I have taken into mature consideration the plan for these purposes submitted to Government by Mr. Ives, notwithstanding that gentleman's assiduity in the execution of the duty entrusted to him claims my approbation," yet as part only of what he suggested have my concurrence, I have the pleasure now to communicate to Your Highness such particulars as in my judgment will answer the ends so earnestly wished by the Company and myself. It is my wish Your Highness should know me to be your friend, and that you should be convinced that I have no object in view but your happiness and comfort, and I tru^ that Your Highness will require no further assurance on this subject than the conduct I have pursued since my arrival. It is the Company's orders and the intention of this Government that you should not only receive the stipend paid by the Company, but that the disposal of it should lodge in your own hands, not doubting but your disposition \ ill point out to you how much your dignity and respect are concerned in the ivise administration of your own affairs, sensible that your judgment will lead you to put a confidence in my endeavours for your welfare, I cannot doubt your ready ac- quiescence to my sentiments, and that you will immediately put in execution the plan I have formed for the management of your affairs. It is unnecessary to point out to you that in order for your future comfort and respect, the first measure is the discharge of those incum- brances which you at present labour under, and upon this subject I feel a further inducement to urge the measure to your notice, for I consider the Company's credit at stake even with your own, since by the regulations of the Company's Government in the administration of justice, a due attention is paid to your dignity by not admitting any claims upon Your Highness to be decided in the Court of Justice estab- lished to give every one their right. In this situation these claims rest upon Your Highness's justice, and as a friend, I conceive it a great re- flection upon your credit that they have remained so long unpaid, confident of your wish that thpy should be discharged. I advise that a certain sum be stopped monthlv from the sums paid on account of the stipend to be appropriated for the purpose of paying the just demands made against you. The amount of these demands on all accounts, I understand, is very heavy. As it is my desire that you should in every respect be considered the master of your own affairs, I therefore do not wish that any debts shall he considered just, but when decided as such D 2 36 with your acquiescence, I recommend that Your Highness issue a Pro- clamation in the form that Mr. Harrington will propose to you, accompanied by your support, of a regulation which he will also lay before you for the decision of disputed claims among the creditors. When the whole amount of these demands shall have been ascertained, a next remedy will be formed accordine to particular instructions which I have given to Mr. Harrington, which include proposals to be tendered to the creditors for a just compromise of their demands, and for the payment of the dibt of Jugget Sett, the particulars of which Your High- ness is already well acquainted with. I have considered the situation of Your Highness's Family, and accconliiigly on the means for its support as far as can be, from the stipend allotted to the Nizamut. These means, though small, with an economical management and a due consideration of the larire sums allotted to other purposes, I cannot but consider as sufficient, especially as they will increase in proportion to the want of them. The sum t<> be stopped monthly as above described, for these two purposes, is fixed at 18,000 Rupees, and to be divided as more fully expressed in the accom- panying account, part fur the payment of the debts, and part for the ex- penses of Your Highness' Family. While attentive to the discharge of tlie heavy incumbrances on your Sirkar, I have not overlooked other circumstances equally conducive to your honour and happiness, to the attainment of which / consider your oum dignity in the eyes of the dependents on the Kizamut materially/ necessary. This cannot be secured but by a strict adherence to justice, and attention to the proper administration of your affairs. From a view of past years. I am certain that the present encumbered situation of your affairs has arisen from the interference of interested and de- signing people, and as Your Highness is arrived at that age when the knowledge of your own affairs can be easily obtained, I am first to advise that you exert your-elf in searching into the various departments of your household and the Nizamut, and firrm such clear and true senti- ments of each establishment as shall lead to a regular payment of them, and that you do not admit the counsels and suggestion-s of self -in- terested people to have any weight in your own determination It is my wish that you should be the uncontrolled manager of surh parts of your stipend as can with justice and due attention to the relative situa- tions of others be left to you, and I therefore have directed that, of the sum of 16,000 Rupees, the annual stipend, the following sums be under your own management without any other interference in the disposal of them than such as, by any particular circumstances, should require the interference of Government, either by means of applicatiaii^ from Your Highness for authority over your own dependents, or by their representation of improper influence in your servants, which may tend to acts of injustice equally contrary to Your Highness's credit to admit, as to the Company's not to remedy. These sums are as follows : Head officers or Molazuraan Imteazv . . . 10,576 8 Menial servants or Shagetd Pesha, &c. . . . 15.389 9 Marhrohe or I'osha Khana ..... 19,452 4 5 Mier Samanee 7,893 8 12 Repairs or Emaruth 4,550 37 Mohan-urn Expenses or Ashnr Khana . . . 150 Privy purse or Kullumdan Khana .... 12,000 Women's apartments or Mehal Serai . . . 7,707 Salary to Your Highness's son 2,000 Ukrobii or variable Establishment .... 3,327 14 Imteazi or principal officer of Uehala .... 943 Per Mensem 82,344 13 18 Per Annum 9,88,134 6 16 This sum being deducted from the stipend, will leave the sum of per mensem 50,988 7 8, twc-thirds to he appropriated as follows: Pensions Munnee Begum 12,000 Bubboo Begum 8,000 Mir Sidoo . . . . . . . . 4,000 Saleha Begum 1,000 Begums. &c., Pensioners on Behala .... 1.782 Ukroba Huzoor or your relations , 5,917 The sums to be stopped as before mentioned for the payment of the Debt 18,000 Per Mensem 50,699 which sums are to be under the management and control of Mr. Harring- ton ; of the stipend there still remains a small sum, which, as appertain- ing to no particular department, Your Highness will dispose of as you may think proper, being 289 7 8 per mensem. Your Highness will have observed that, of the 18,000 Rupees to be stopped from the monthly divisions of the stipend, part is to be applied to the Fund for the discharge of the debts, and part for the disburse- ments of Your Highness's Family, as more fully explained in the account accompanying. As theie will be a necessity, during the period in which this sum is to accumulate, for sundry disbursements to be made for the exigencies for your Family, and which are of a nature that the internal disposal cannot be regulated bat by yourself, / have directed that the part of the stoppage, which is intended for this purpose, be also left to Your Highness's disposal, which by the account you find to be 1,000 Rupees per mensem for the first year, 2,000 Rupees per mensem for the second year and so on, increasing 1,000 Rupees every year for the first nine years, and decreasing in that proportion from the Fund appropriated to the discharge of the debts. Upon this subject I have to observe to Your Highness that as your annual stipend and the amount of your debts will not admit of a large proportion for the purposes of your Family, the strictest economy will be necessary, and particularly as the Company for various reasons will not have it in their power to consider of any further provision for this object. Wishing to relieve Your Highness from the burthen upon your stipend of several pensions which have been added to the list from causes arising with the ancestors of those who at present enjoy them, I recommend that Your Highness shall continue them during the life of the present in- mmbentf, and that at their death you will determine whether they shall be continued, as at present paid to tlie heirs of the deceased, or only in 38 part. In case of any death, I advise you to communicate such circum- stance to the gentleman who may fill the office of Paymaster of the Nizanmt stipends and inform him whether the pension paid to the deceased is to continue or not. Should Your Highness be pleased to withdraw it alto- gether or in part, whatever is withdrawn I recommend you to add one- half thereof to the Tosha Khana Department, and the other half to the fund for the payment of your debts. The pensions here alluded to are as follows : Behala (variable establishment) 3,327 14 liuteazi. or principal officers on the Behala . . 948 4,275 14 Your Highness must be sensible that by a saving in this respect an increase may he added to the Fund lor the payment of your debts, and even if the whole so withdrawn be applied to this purpose, the inciim- brances will be sooner removed, and I expect from Your Highness' s con- fidence in my wish for your tvelfare that you will be particularly careful in communicating any demise of the present pensioners as above requested. For further particulars, I beg to refer Your Highness to Mr. Harrington, who is furnished with a copy of the plan as proposed by Mr. Ives. in order that be may converse with Your Highness more fully on the parti- culars of the several establishments which have come under my considera- tion, as presented by Mr. Ives. Mr. Harrington has my positive insi ruc- tions to explain any particulars to Your Highness ; to assist >ou in the adjustment of the plan for the discharge of the incumbrances on your sircar, and to at range your household affairs according to the sentiments here laid down on any intimation from Your Highness of a ivant of his assistance. I have already experienced Your Highnesses confidence in my regard for you by your ready compliance with such matters as I have had occa- sion to recommend to your notice, and up.m this ground I have no doubt but what Ihave recommended will meet with an equally cheerful and ready acquiescence You must be sensible that by the mode I have from pure motives of friendship urged to your notice, when superintended by your- self with care and economy, and when rigidly adhered to, your reputation and dignity will increase in the eyes of the world, and yourself and depen- dants will live happily and with comfort. Relying, therefore, on your cheerfulness to accede to my advice, I shall conclude with wishing that your own discretion will add to the advice of your best friends, and that henceforward the self -interested suggestions of evil-minded men will have no weight in preventing you from rigidly adhering to the only system by which you can ever secure the happiness and respect which tlie Company and myself sincerely wish you should enjoy. NIZAMUT FAMILY FUND. To J. E. HAKKINGTON, ESQ., Paymaster ofNizamut Stipends, at Moorsliedabad. Sir, Having taken into consideration the plan proposed by Mr. Ivts, iu 39 consequence of our instructions to him in June 1787, we have thought proper to adopt the following Resolutions concerning the Nizamut of Moorshedabad. 1st. To provide a Fund for the payment of the debts due by His Highness, the Nawab Mobaruck-ul-Dowlah, out of the stipend allowed to him by the Company. 2nd. To provide a Fund for the maintenance of a future increasing Family out of the stipend allowed to the Nawab by the Company. 3rd. To leave the Nawab master over his affairs and his stipend, as shall be hereafter more fully explained. 4th. To provide a maintenance for his eldest son. 5th. To regulate the several Departments of the Nizamut under separate heads, according to which the stipend allowed to His High- ness by the Company is to be hereafter appropriated,. The following particulars are communicated to you for your guidance, and a copy of Mr. Ives's report and its Appendix is transmitted to you for your immediate information. You will endeavour to impress Sis Highness with the sincere desire of the Company to extricate him from difficulties and incumbrances, which are a check upon His Highness and tend to diminish the respect of the Nizamut ; and you will observe to him that in consequence of this wish, they have come to a determination to make themselves in some degree responsible for the discharge of his debts, deducting a certain monthly sum for that purpose. The amount of these debts are computed by Mr. Ives at Rupees 22,86,666-12-3, as set forth in the Appendix to his report, (No. 15), and consist of arrears to his servants and other dependents on the Nizamut, as well as money borrowed at different times. The following measures are to be adopted for the discharge of this sum. You will set apart the sum of 18,000 Mupees per month from the stipend ; you will communicate to the Nawab that the Board, con- sidering him in all matters concerning his own debts as the acting per- son, recommend to him to issue the Proclamation, a draft of which is herewith sent you in English and Persian, to call upon all his creditors of every description to deliver in their demands within the period limited in the Proclamation, and at the expiration of that period, you will, in conjunction with the Nawab, or any of his officers, form a kistbundy, or account of instalments, having first ascertained the amount of the debts, in doing which you are to attend to the instructions given to Mr. Ives on the subject ; and having submitted to the notice of the creditors, the security held out to them, by Govern- ment becoming in a manner responsible for the payment of them, (a security they never have hitherto experienced), and pointing out to them the certainty that they will be paid, propose to them the re- linqmshment of interest upon their demands from the day of such ad- justment, and to offer to them immediate payment, in proportion to their consent to compound for one half, one third &c. of their original debt you will, however, observe that the debt due to Juggat Seat, being Rupees 5,25,000 is first to be provided for, in monthly instalments of Rupees 8,750, the remainder after the appropriation of a part to be alloted to the payment of the other debts, according to their com- promise first and next according to priority of debts. But as tlie state 40 of the Company's Finances does not at present admit of any deviation from the Regulation of Government relative to the payment of salaries or other allowances exceeding 1000 Rupees per mensem, in certificates, all instalments exceeding that sum will be paid half in cash and half in certificates, and you will transmit to the Accountant- General a copy of the kistbundy for his guidance in issuing the certificates for these purposes. So long a period having elapsed since Mr. Ives communicated his plan to the consideration of Government, the debts will probably have increased, at least, if not in the principal, in the amount of interest on it. The stoppages are, therefore, to continue until the whole be dis- charged. But as it appears, by the Nawab's own representations, that the Debt has diminished, the period for the continuation of the stop- page can only be considered an estimated period, and as far as con- cerns the fund for the dischage of the debts, will continue, until they be paid, and that for the Nawab's Family will remain, as hereafter more fully laid down. It having been resolved that a fund shall be provided from Hie stipend allowed to the Nizamut for the maintenance of a future in- creasing family, the accompanying Paper, No. 2, transmitted to you, that you may observe that the whole amount set apart from the stipend, viz.. 18,000 rupees, is not for the Debt alone, but intended for both purposes, according to the terms laid down in it, but of the 18,000 rupees stopped monthly, 1,000 rupees per month is to be allotted for this Fund for the first year, 2,000 rupees per mensem for the second, and so on. An increase of 1,000 rupees per mensem to the Family Fund, and a decrease of 1,000 rupees per mensem from the discharge of the debts for the first nine years, when the sums, for the two pur- poses, so stopped from the stipend, will be equal. As there will be a necessity, during the above stated period of eighteen years, for sundry disbursements to be made from the Family Fund, for the purposes of its institution, you will inform the Nawab that Government have determined that the sum directed to be stopped and appropriated to the purposes of this Fund as above described, remain under the name of an increasing Fund to defray the expenses of an increasing family , that it be, among the other amounts paid to His Highness, left to his own disposal, and that we conceive His Highness can have henceforward no cause to request the attention of the Com- pany to his large family, as a provision for them increases in propor- tion. We enclose you, also, No. 4, those parts of the Articles pro- posed by Mr. Ives, which relate to the better carrying into effect the plan for payment of the debts, and we direct that you shall use every argument in your power to persuade His Highness to adopt the,n. They probably may be objected to by His Highness on the idea of an interference of a Court of Justice in His Highness' affairs ; but the smallest reflection will fully point out to him that this interference is confined to the cases mentioned, and cannot have any tendency to depreciate the respect due to the Nizamut, which can be in no way effected, since the cases referred to are between individuals, and have no connection with the Nizamut itself. You will explain to His Highness the tendency of the plan now laid down for tue discharge of his debts, and for establishing a Fuud for a 41 future increasing family ; and inform him that his wish, that the sum to be alloted for the latter purpose should he a fixed sum instead of an increasing one, would he incompatible with the important objection in view ; since the proportion of the amount to he assigned for this purpose can only he regulated by the casual calls for it, and should be comparative with the urgency for the discharge of his debts, for which purpose the period is already very distant. In regard to the reductions proposed by this plan, should His Highness make any objection to them, you will inform him that we have materially considered on the propriety of making reductions from the salaries of pensioners, &c., dependent on the Nizamut Establishment, and also in what proportion such reductions should be made upon the JN'awab and his family, and upon the pensioners, &c., and are of opinion, that so far as they may regard his own receipts, respect for his own credit and dignity ought to be an argu- ment more powerful in favour of the present measure, than any other we could use, and a moment's reflection will point out to him, that his debts paid, these reductions will be discontinued, and he will secure his full amount at the end of the period proposed for these purposes; and witli respect to the proportion of the reduction, which will fall on the pensioners, &c., not only precedent, where relief to the Nawab and his family has been the object in view, justifies it, but every consideration of respect for him, from whose kindness they enjoy subsistence, every sentiment of the claims by which they enjoy it, which in many have arisen from the service and attachment of their ancestors, from ties of consanguinity and from means of private interests, and, above all, that, as many of them have demands on part of the heavy debt due from the Nizamut, the sacrifice of a small sum from a pension, which, let their claims be however just, it is still at the option of His Highness to withdraw', prevent its being considered an injustice, or even a hardship, when it is to furnish a resource for the payment of an amount they are entitled to ; and still less so when the different callings which many of them follow, and the many other means of subsistence which several of them enjoy, come to be considered; all contribute to confirm the propriety of making them. We have approved of the sum allotted by Mr. Ives as a salary for His Highness' eldest son, namely, 2,000 rupees per mensem. Should His Highness continue his objection to this point, as he made it to Mr Ives, you will inform him that, as long as the present system of ailection and duty subsists between the father and son, the amount will be entrusted to His Highness' disposal, and this appears only a nominal separation from other sums appropriated for His Excellency's own disbursement, and that only an absolute necessity which Govern- ment will, when occasion may require, determine, will it be separated from him. In regard to the salary allowed to His Highness's son-in-law, Mirza Kuleel, viz.. 1000 Es per mensem, we conceive it quite sufficient while he holds the office of Dewan, to which the salary of 2,500 Bs. per mensem is affixed, and in the event of his not holding that office, any addition to his salary of 1000 Rs per mensem must rest with His 42 We enclose for your guidance (No. 1) an account showing the several monthly suras disbursed in the Nizamut, with the reductions to be made from them, and refer you for particulars to Mr Ives' report and appendix, and to No 3 being the present appropriation of the stipend allowed by the Company to the support of the Nizamut of Moorshe- dabad, in which you will observe that there is the provision of 1800 Rupees per mensem for the purposes above explained. Having already informed you that we wish that the Nawab Mobaruk- ud-Dowlah should be considered in all matters concerning his own debts as the acting person, and determining also, upon the same principle upon which Government left His Highness the free choice of his own Dewan (when although they insisted on the dismission of Rajah Sunder Sing, they urged nothing further than that the choice of his successor should fall on a man of good character) to contribute towards His Highness' satisfaction in a wish he has expressed to lie the uncontrolled master of the stipend allowed him by the Company, as much as may he consistent with our conviction that the good intention of the Company towards him cannot be frustrated, and in order to assure him that the preservation of his dignity has formed a material part of our consideration in digesting the plan proposed by Mr. Ives, we have resolved that a certain sum of the stipend shall be left to his own management as mentioned in the 3rd resolution before written. The whole stipend, viz., 16,00,000 Rupees per annum or 1,33,333-5-6 per mensem, may be considered as divided, in the future appropria- tion of it, into two heads. The first, being the sum to be actually disbursed for the use of the Nizamut amounting per mensem to Rupees l,15,333-5-6 The second being the sum stopped for the uses before defined, amounting to 18,000 Rupees per mensem. The first of the sums is comprised from articles exhibited in ac- count. No 1. Rupees 1,13,043-13-10 The salary for the eldest son 2000-0-0 Surplus sum. Rupees 289-7-8jj. and contains among other articles the pensions allowed to the Munnee Begum 25,000 Rupees per mensem. This last amount deducted leaves 90,333-5-6| Rupees which is the sum we have determined shall be left to His Highness' management, uncontrolled in the disbursement of its part, except as far as it shall be subject to a correspondence with the Governor-General, on any intimation, or representation, of any deficiency in the due discharge of the allowances and salaries which this sum includes ; but as some of the pensioners may hereafter have cause to 9omplain, and those, perhaps, persons whose claims to the pension rest upon grounds which, while Government think proper to give their opinion that they ought to continue, will fully authorize, indeed call upon Government to see paid with regularity, you will therefore inform His Highness that the pensions (included in part of the Behalah, being the first part of No 3 in the Appendix to Mr. Ives' plan,) amounting to 1782 Rupees, and the pensions to the Naivab's relations, (being No. 1 of the same Appendix,) amounting to 5,917 Rupees, making in the whole 7699 Rupees, are to be paid by you, so that the sum to be at His Highness's uncontrolled maiiayeMeiit, but 43 subject to the correspondence of the Governor- General, will be 82,634-4-5-6. Upon the second sum you have already received full instructions, and it requires at present no further remark. Having thus given you full and explicit instructions in what manner the intentions of Government are to be executed, as far as concerns the future appropriation of the stipend allowed by the Company for the support of the Nizamut, and having enclosed such account and statements as can tend to your more perfect comprehension of these In- structions, we have only to direct that you will urge to His Highness the necessity that, from the state of his affairs, exists for the most frugal management of those sums which Government have left to his own authority, not doubting but he will find the amount fully sufficient for all necessary disbursements, and even for others which the customs of the country, and his own wish to follow them, may induce him to make. You will also remind him that he has a large family to sup- port, and that it is incumbent on him to devise means to render the Fund we have suggested in the above Instructions beneficial to them, by increasing it, when it may be in his power, from the abolition of such pensions as may be at his disposal by the demise of the present incumbents. We have considered that the numerous dependants on the Nizamut who receive pensions from causes which arose with their ancestors, from a heavy weight on the establishment, by being con- ceived as much due to the heirs and descendants of those to whom they were first granted, as to themselves ; and upon mature delibera- tion on the subject, we have determined to divide them into two heads, the first consisting of the relations and descendants of former Soubahs whose pensions cannot consistently with the dictates of affec- tion, or with the just sentiments of the ties of relationship, be changed from tJie present system of hereditary continuance ; but the second is formed of pensions to people who cannot, whatever claims their ancestors may have had, be considered to have any themselves, or at least not of sufficient justice to descend to their heirs. The pensions, therefore, to the relations and descendants of the former Soubahs, and to those of His Highness Mobaruck-ud-Dowiah, amounting to, as ap- pears by Mr. Ives's Report, No. 1 to . . . . Ks. 5,917 3 to . . . . 1,782 Es. 7,699 shall be considered hereditary, and descend to their heirs. Those to servants, &c , shall be continued to the present incumbents, and on their demise it shall rest with His Highness to continue them in toto or in part to their heirs. But at the same time, in order to prevent the misappropriation of the sums that His Highness will have the dis- posal of at the demise of the present possessors, you will, on commu- nicating this part of the plan to' His Highness, request he will notify to the Paymaster of the Nizamut Stipends, such deaths as may occur, and whether he wishes the heirs of the deceased to haoe the whole or any part of the pension enjoyed by the deceased ; and, in order further to induce him further to communicate such occurrence, you will point 44 out to him the benefit intended by Government in leaving to himself the removal or continuance of a burthen on his stipend, and that the wish of Government is that such pensions, or parts of them, as may, by his own determination, be unappropriated on the demise of the pre- sent incumbents, be one-half added to Sis Tosha Khana, and the other to the Funds for the discharge of his debts. These sums, thus subject to his determination, appear by Mr. Ives's Report to be: No. 4 to . . . . Rs. 3,327 3 to . . . . 948 Per mensem Rs. 4,275 The accompanying account, No. 5. will more fully elucidate the future distribution of the Stipends, as it states the appropriation of it in such parts as are subject to His Highness' management, including those liable to exchange on the demise of the present incumbents with those declared hereditary, and the amount totally independent of His Highness. The enclosed letter from the Governor-General to the Nawab Mobaruck-ud-Dowla, is forwarded to you, that you may deliver it on communicating these Instructions to him, and we trust that His High- ness will not only discern the attention of Government to whatever affects his happiness and dignity, but add his exertions to yours to carry into execution a plan for his relief from heavy incumbrances, for the support of his own dignity and the respect of the Nizamut, and for the maintenance of an increasing family. We are, Sir, Your most obedient humble servants, (Signed) CORNWALLIS, ,, C. STUART, ., PETER SPEKE. Fort William, 30th September, 1790. Though the proposals made by Lord Cornwallis are at variance with social etiquette, under which people of every description are allowed to disburse their own stipends whether for their own benefit or for the members of their family, yet as the object of them is clearly set forth, the good intentions of the Government might have been supported if the premises had been correct, that sixteen lacs was the full amount of the Nizamut Annuity assigned by the Agreement of 1770, or that the Company had any right to interfere with the personal allowance of the Nawab, but as the Nizamut had already been illeijaUy 45 deprived of the State Allowances, or nearly half its annuity, all the claims alluded to ought in justice to have been paid out of the money withheld by the Company, and no new measures ought to have been framed until all the arrears of the annuity had been paid away to meet the liabilities unavoidably incurred in consequence of the curtailment of it. It will be further observable from a perusal of the letter to the Paymaster of the Nizamut Stipends, (which contains the five Resolutions adopted) that besides paying the Nawab's debts, a large reserve fund was set aside for future exigencies, and also for providing incomes for his eldest son and other members of his family, and the Nawab was left entirely his own master over his affairs and Civil List, in accordance with his request under the Agree- ment of 1770. Again from the body of the same letter it may also be noticed that the choice of his Dewan was altogether vested in His Highness without control; that certain stipends paid from his annuity were declared here- ditary ; and that other stipends were to revert to His High- ness in part on the decease of the holders, or altogether when his debts were paid ; but none of the suggestions for in- creasing the comfort and independence of His Highness were acted up to, and the future proceedings of the Government of India were invariably directed to further curtailment of the moiety of the annuity paid to the Nizamut. The interests of the Nizamut which the Company had bound themselves by solemn engagements to protect and respect were thus set aside, and this act of injustice gave birth to all the unjust measures that have since 46 been introduced, by which the Civil List, which should have been paid to all succeeding Nawabs Nazim has been gradually reduced, and consequently their social as well as political status has been lowered notwithstanding their numerous and earnest appeals to the Government of India for justice. We now turn to the consideration of the relations between the Government of India and the Nawabs Nazim, who have succeeded to the throne as " Soubahdars of the three Provinces of Bengal, Behar, and Orissa," since the time of Nawab Mobaruck-ul-dowlah, under the last Treaty of 1770, and of whom history does not give us any account, because they had ceded all their power to the East India Company for certain considerations, and though Princes of the Blood Royal, could only thereafter be looked upon as Titled Annuitants, having no voice in the Executive Administration of the country. After the death of Nawab Mobaruck-ul-dowlah, his son, Nawab Bubber Jung, was, according to established custom, proclaimed Nazim and Soubahdar of the three Provinces, under the style and title of Nasir-ul-Moolk, Aiz-ul-Dowlah, Syud Bubber Ali Khan Bahadur, Delair Jung, and received from the Governor-General, Marquis Wellesley, the following assurance of faithful attachment, Ac. : Extract from Translation of Persian Letter. From the MARQUIS OP WELLESLEY to the " Pillar of State and Defender of the Realm," AZOOD DOWLA NASIR- UL-MoLK, my good brother -SruD BUBBER ALI KHAN BEHA- DOOR, surnamed DELAIR JUNG. Your Highness may be assured that this friend lias Your welfare at heart, and will be ready at all times and happy to exert his utmost to 47 promote the peace and comfort of the Nizamut, and to maintain the splendour and uphold the interests of Your Exalted Court, and with this object this friendly communication has been framed. (Signed) WELLESLBY. Soon after the accession of Nawab Bubber Jung (or Delair Jung), a Special Committee was again appointed to inquire into the pecuniary difficulties of the Nizamut, to relieve which Lord Cornwallis had adopted certain measures before alluded to, and which had in the first instance been brought about by the reduction of the allow- ance stipulated for in the Treaty and Agreement of 1770. This Committee acting in concert with Her Highness Munnee Begum (who was then well advanced in years) suggested, that on the death of that Princess, the Nizamut Annuity should be further reduced by appro- priating her annual allowance of Rupees 1,44,000 (14,400) which would otherwise have reverted to the Nawabs Nazim as the heirs-at-law for the payment of the Nizamut Debts, building expenses, &c. The cost of buildings, &c., had up to that time been paid, under the provisions of the Firmaun of the Emperor of Delhi, by the Government. In the instructions issued to the Nizamut Committee, appointed under the orders of Government of 24th December, 1801, for the purpose of devising measures to meet the various objects of immediate and future exi- gencies, connected with the appropriation and manage- ment of the Funds of the Nizamut, the Committee, among other measures of reform, was requested to pro- vide a surplus Fund for the repairs of the Palace and Imambarrah, and to meet contingencies ; and the following extract from those instructions will show that the 48 attention of the Committee was specially directed to fhe source from which such a Fund could be established. " The pension of 12,000 Rs. per mensem, at present assigned to the " Munnee Begum, may also be considered as a future additional re- " source when the pension shall lapse into the Funds of the Ni/umut " by the Begum's decease, and may be brought into the calculation " of the Funds to be provided for the more distant exigencies of the " family and of the Nizamut." '' His Lordship is led to consider this arrangement to be particularly " expedient by adverting to the necessity of providing for the future '' management of the affairs of the Nizamut, on the decease of the " Begum, which may be expected to occur in the course of a few " years." And in the Report of the Nizamut Committee, which was submitted to Government on the 9th November, 1802, and recorded in 1806, the Committee observed as follows, in regard to the Fund proposed to be provided for the purposes above set forth. '' The succeeding clause of our instructions refers to establishing a ' Fund for the gradual repayment of the sums which will be advanced ' by Government for repairing and rebuilding the Palace, and in ' Paragraph 10th we were advised to expect information on this sub- ' ject from our President. " Mr. Pattle has informed us, that up to this time no progress ' whatever has been made in the object in question, nor, has any plan ' or estimate been prepared, but that from information lately received, ' lie expects some Engineer Officer will shortly be appointed to take ' the necessary steps for putting this matter in train of arrange- ment. ' The object, therefore, appears remote, and not such as presses " for immediate determination. The Committee arc, besides, well ' satisfied on a summary but general view of their means and of the " calls thereon, that, from the present stipend not the smallest re- " source can remain for this head of expenditure, if others which are " immediately pressing are to be provided for, and a Fund set apart " for the liquidation of the Nawab's debts within a moderate term of " years. He, therefore, respectfully submits, that, considering this " as a distant claim, we should be permitted to meet it with a remote " resource, without suffering it, unnecessarily, to interrupt the course " of present arrangements. It occurs, therefore, that on a general " principle, the Pension at present enjoyed by the Munnee Begum, ' ' Us 12,000 per mensem, is, that which, of all others, appears most " proper to be taken into calculation as an article of resource after her " demise, for the gradual repayment of Government advances for 49 " building a Palace. The event is stated to be expected to occur in " the course of a few years, and we have been induced, in this place, " to take up and reply to the 8th and 22nd Paragraphs of our instruc- " tions, which appear to involve a question of some delicacy and " reference to an object which does not ofier any immediate available " resource, and is further of a nature, which rejects the assumption " of any definite period for its being brought into action, still, as it " is but too evident that there is a wide disproportion between the " expenses of the Nizamut and its resources, we have every reluctance " to throw this article entirely out of the question, although, for the " sake of clearness and perspicuity, we are disposed to keep it thus " distinct and separate, the general subjects which are incorporated in " the detailed account forming part of this report " This economical suggestion, however, did not come into action until after the death of Munnee Begum, in 1813, and during the Soubahship of Nawab Zyn-oo-deen (or Ali Jah), who on the death of his father, Nawab Bubber Jung succeeded to the throne under the style and title of Shoojah-ul-Moolk, Mobaruck-ul-dowlah, Ali Jah, Syud Zyn-oo-deen, Ali Khan Bahadur, Feroze Jung, and who on his accession received the following assurance from the Governor-General, Lord Minto, and accepted the same as an additional sacred pledge of perpetual friendship between the East India Company and the successors of Nawab Meer Jaffier Ali Khan : From LORD MINTO to NAWAB NAZTM ZYNTTDEEN ALI KHAN, dated 26th May, 1810. Mr. Kichard Eoche, in charge of Nizamut affairs, has received in- structions to attend at the Musnud of the ISoobahdaree, in the Court of that friend, on the part of this Government, to invest Your Highness with the Soobahdaree of the three Soobahs aforesaid, and publicly to proclaim the auspicious event to the people ; and in concert with Your Highness to fix a day for the ceremony. The stipend fixed on the accession of Your august Father, by the Honourable East India Company, will be continued to Your Highness without any difference ; namely the annual allowance of sixteen Laks of Rupees will be continued to Your Highness in monthly issues as usual ; in the mode already prescribed, or that Tour Highness may consider expedient hereafter to arrange in conjunction toith the Mem- bers of this Government for the distribution of the pensions suitably to 50 the circumstances of the dependents of the Nizamut, and also for the liquidation of the debts of the Nizamut, the burden of the responsibility whereof has now naturally devolved on Your Highness. Above all, be assured that this person will at all times and in all junctures, to the utmost of his power and the best of his ability, proffer his best counsel and exert his most friendly aid in supporting the rank and dignity, and promoting the ease, comfort, happiness, and welfare of that esteemed friend and all his family. And that friend may be assured that the friendship and regard this Government showed his honored father will, without any difference, be freely and willingly transferred to Himself, and that all the honours, consideration, and respect due to the exalted station of the family whereof Your Highness is now the HEAD and Source of dignity, will be kept in view and observed towards that friend. On other points I would refer You to the Gentleman above mentioned, Mr. Roche, in whose worth and ability I have entire confidence, and favoured by whom You will ever receive renewed proofs of regard and attachment to Yourself and family, and the interest I feel in their wel- fare. I hope that considering this person a real friend and well-wisher, You will ever gratify him with letters of Your health and prosperity. What can I say more? (Signed) MINTO. But in 1813, after the death of Munnee Begum, the suggestion of the Select Committee of 1802 was put into operation by the Governor-General, and the Nawab began to see the true intent and object of the Govern- ment of India, and the hopelessness of extricating the Nizamut from debt, so long as that Government determined to carry out the Policy which had been instituted ostensibly for the purpose of releasing the family from pecuniary difficulties, but which was really producing the opposite result ; for the Funds set apart for paying Nizamut debts and building expenses were diverted into another channel, and His Highness the Nawab was not only compelled to abandon his right as heir-at-law to the future annual allowance (<14,400) of Munnee Be- gum, which ought to have reverted to him after Her High- ness's death, but was also deprived of other private property of enormous value and monies amounting to up- 51 wards of ,20,000, which were found in Her Highness's Palace after her decease, and authoritatively taken possession of by the Government officials, notwithstanding the remonstrances of His Highness, and the wishes of the Governor-General, expressed in the instructions furnished to Mr. Monckton, wherein while ascertaining the available assets appertaining to the Nizamut that might be set apart for the purposes of the new appoint- ment he was guarded against depriving His Highness of the private property of the deceased Begum to which he was the legitimate heir. In thus curtailing the Nizamut Annuity by coercion, the East India Company exercised might against right, openly violating their Agreement under the Firmaun of the Emperor of Delhi, " to provide for the expenses of the Nizamut," besides departing from the solemn obligations expressed in the Sacred Treaty of 1770. By the first act of curtailment alone they had even during the lifetime of Nawab Mobaruck-ul-dowlah deprived the Nizamut of nearly half a million pounds sterling, (irrespective of the Fund set apart by Lord Cornwallis) which with many other monies pertaining to the family, has never been accounted for to the Nawabs who have patiently borne all the oppression and injustice that has been inflicted upon them, and have returned good for evil, by ever continuing faithful and loyal adherents of the British cause, even in times of temptation^ trouble, and danger. The continued pressure put upon the Nawabs by the Government of India, as before stated, began to tell to their prejudice, and in 1816 the Government accounts E 2 52 of the Nizamut got into such inextricable confusion, that Mr. Edmonstone, Foreign Secretary to the Govern- ment, proposed a minute for introducing a new system of management into the Financial Department of the Nizamut, by the establishment of the Nizamut Agency Fund, and by diverting the accumulations of Munnee Be- gum's Stipend from their intended object, which the Nawab was in a manner forced to give his reluctant assent to. This Fund was established for the payment of the Salaries of the Governor- General's Agents at Moorsheda- bad and of their Office Establishments. On the proceed- ings of Poll. Corr., 23rd July, 1816, No. 118, will be found a minute with regard to the Senior Judge of the Court of Appeal at Moorshedabad, who, ex-officio, held the situation of Superintendent of Nizamut affairs : " The impracticability of discharging the duties of both situations, " more especially under the exigent demand for a change of system and " an augmented degree of superintendence in the Department of the " Nizamut, must be sufficiently apparent. If any practical proof were " required of the evil and inconvenience of the existing system with " respect to the concerns of the Judicial branch, I might refer to the "frequent occasions to which the Senior Judge has founded an applica- " tion to be relieved from a Circuit on the exigencies of his duties in " his capacity of Superintendent of Nizamut affairs. "In addition to the degree on which analogous objections might " oppose the transfer of the duties of Superintendent of Nizamut affairs " to the Collector of the district, or to any other Civil Officers actually " attached to the station, would be the relative inferiority of his official " rank and situation. I am indeed fully persuaded, after long and " mature deliberation, that the appointment of a district officer of high " rant in the Company's service to fulfil (perhaps under a different " designation) the duties of a Superintendent of Nizamut affairs is the " only arrangement calculated to provide efficiently for the objects which "the preceding discussion will probably have shown to be objects of "indispensable exigency. " Invested with the dignity of a representative character, and enabled " to devote his time and attention exclusively to the duties of his situa- " tion, an officer of that class possessing the requisite qualifications would, " I am confident, accomplish, at no great distance of time, an effectual " reform in the system of the Nizamut. I have no doubt that the " arrangement would be followed by reductions to a very considerable 53 " amount, arising out of the detection of abuses and impositions, and the " uniform operation of a vigilant control, whilst the practice of abuses " and impositions would be restrained, and the future accumulation of " debt would be prevented, and the adjustment of every point connected " with the affairs of the Nizamut, would be expedited and facilitated " As an officer, such as f have described, must, to possess the requisite " efficiency, be held by a servant of high rank and peculiar qualifications, " the salary of it must also be fixed on a high scale. But, however bene- " ficial may be an arrangement of this nature, J should not have ventured " to propose it at the charge of the Company It is the practicability of " providing for the expense of the proposed establishment, without im- " posing any burthen on the finance of the Company, or diverting any of the " appropriated resources of th; Nizamut, that induces me to submit the " plan to the consideration of the Board. I am further urged to bring " it forward at this particular time, because it appears to me that several " of the unadjusted points, enumerated in the memoranda of the Super- " intendent, already reverted to, involve questions between the Govern- "ment and the Nawab of considerable importance in the general " arrangements of the Nizamut, delicate in their nature and difficult of " adjustment, and, consequently, requiring the application of a degree " of tune and attention on the part of the person to whom the negocia- " tion of these points may be confided, which the Superintendent could "not possibly devote to them without injuriously neglecting his capaci- " ties of Senior Judge of the Provincial Court. "I have already observed, that the salary of the suggested officer "should be on a high scale, and I am of opinion that it should not be " less than 36,000 Rupees per annum exclusive of a sum for house rent " and establishment. As the Superintendent of the affairs of the Nizamut " has always been exercised by the Chief Civil Authority of the station, " I am of opinion that it should be classed, in point of salary, above the " office of Magistrate ; but there are other forcible reasons for assigning " to it a liberal allowance. " The Office of the Superintendent, such as is above described, would " be a species of political appointment in its nature, distinct from any " other, and leading to no higher post in the scale of official gradation, " but the person possessing the requisite rank and qualification would " have just claim to aspire to a situation of greater emolument than " that of a Magistrate of a city or zillah, and wonld not, therefore, be " contented to remain long on a salary not superior to the salary of the " latter officer, especially at a station so expensive as Moorshedabad, and " where he would be obliged to maintain a certain appearance. This " Would occasion a frequent change of the person holding the office of " Superintendent, which would be a great public incoweniencr, because a " very long time would elapse before a person, qualified in other respects, " could become acquainted with the extensive and complicated details of " the Nizamut, on a full knowledge of which, his efficiency would, of " cow.ie, essentially depend, moreover, in a situation like that proposed, " where illicit advantages would be so abundantly held forth to view, " and might be so securely enjoyed, a liberal salary should, on general " principles, be assigned. It is not perhaps among the least of the " defects of the present system, that the duties of Superintendent of " Nizamut affairs is is performed gratuitously. 54 "If the question to be decided were whether or not consistently with " Public Obligations, lapsed stipends could be restored to the resources of " the State, or, in other words, whether or not the Company is bound per- ' manently to apply the sum of sixteen Iocs of Rupees per annum to the 1 support and benefit of the Nizamut, some forcible arguments might, I ' think, be adduced on both sides. I should feel it to be a question of ' considerable delicacy and difficulty, and should advise much caution ' and mature deliberation in forming a decision upon it. But the actual question is whether, or not, funds, which by the death of parties, for whose personal support they were assigned, are set free, shall not be applied, not in the augmentation of the Revenue of the Company, but in support of an arrangement, the exclusive object of which is the pros. perity and even pecuniary benefit of the Nizamut,&n object unattainable by any other arrangement. All judgments must, I conceive, concur in the same decision of the question. No individual is deprived by such an appropriation of a pre-existing right. The party is by death withdrawn from the Fund, and not the Fund from the party. " Assuming as a covering sum 42,000 per annum, I have reason to " believe that assets justly available may be found to that extent The " annexed statement, marked D, contains an enumeration and a detailed " explanation of assets derived from the stipend of deceased Stipendia- " ries, which apparently constitute an accumulation of Funds to the " 31st January last, to the amount of upwards of five lakhs of Rupees, " and the accumulation, is, of course, greater up to the present time. " Making allowance for the gain which would be obtained by pur- " chasing Company's Paper in this market, the sum required completely " to cover monthly payments, amounting to the annual expenditure " above suggested, would, however, be little short of seven lakhs of " Rupees. The reservation, during a further period of time, of the " sources of accumulation, described and explained in the statement last " referred to, would, of course, create the additional capital necessary " to supply the deficiency, but possibly, it may be deemed equally just and " convenient to supply that deficiency by the monthly appropriation of a suj- 'ficient portion of the lapsed stipends. This might be subject of further ' consideration. In the meantime, if the plan now proposed be thought ' expedient, measures should, I conceive, be adopted to ascertain, with ' accuracy, the extent of the funds actually disposable. If this infor- ' mation be not attainable in the office of the Accountant-Q-eneral, it ' must, of course, be sought at Moor she dabad. The Board will deter- 'mine, whether or not, to suspend the suggested appointment until " this information be obtained. There is another consideration which "may also effect the period of making the appointment. It will, " probably, be deemed proper, out of delicacy and respect towards the " Nawab, and with reference to the peculiar interest which he has in " the arrangement, especially as it involves the alienation of Funds, " which he may consider as appertaining to the Nizamut, that it should " be adopted in concert with him. " I do not mean by this, that the adoption of this plan must abso- " lutely depend on his consent to it, but that the arrangement, its motives, " object* and expected benefits, should be communicated to His High- " ness in the first instance, his observations upon it heard and attended " to, and his objections, if possible , removed. 55 " If any difficulty, or objections, should preclude the prosecution of " this preliminary measure through the agency of the Superintendent " of Nizamut affairs, and the adoption of it should be judged indispen- sable, a gentleman might be sent, in the first instance, on a special " deputation to Moorshedabad on the part of the Governor-General ; " intimation being given to the Nawab, that he is deputed to confer " with His Highness on some points of importance connected with the " interest of the Nizamut. In that case, it might be convenient to invest " him with special powers Jor the adjustment of those points of the Super- " intendent's memoranda which are most urgent, and which must, neces- " sarily, form subjects of negociation and discussion with His Highness, " founding this delegation on the superior importance of the concerns *' to which it relates, and the impracticability of the Senior Judge de- " voting to the discussion and arrangement of them, the requisite por- " tion of time and attention, consistently with other avocations of his " Judicial affairs, supposing the general objects of the foregoing discus - " sion to meet with the concurrence of the Eight Honourable the " Governor-General and my colleagues, the Board will determine " whether, on the whole, it be most expedient to adopt any preliminary " proceeding of the nature above described, or, at once, to establish the " proposed appointment." The Governor-General in Council fully concurred in the sentiments and opinions of Mr. Edmonstone, and deputed Mr. Monckton, the Persian Secretary to Govern- ment, to Moorshedabad, upon the special duty of conferring with the Nawab Nazim, as to the plan proposed by Mr. Edmonstone. The following is an extract from the instructions given to Mr. Monckton " You will observe that Mr. Edmonstone in his minute has repre- " sented the total inefficiency of the existing as well as former arrange- ' ments, for securing a due appropriation of the funds allotted for the " support of the Nizamut, and has described, generally, the course of " the measures, proper to be pursued, for introducing an improved " system of management into that establishment. " The specific objects of your deputation may be classed under three " heads. 1st., the accomplishment, by means of negotiation with His " Highness the Nawab, of the plan of forming a Fund, from the re- " sources of the Nizamut, to defray the personal salary of a Superin- " tendent, and the expense of his establishment ; 2nd, the disposal of " the- Munnee Begum's property ; and 3rd, the adjustment of all de- " pending questions. " With respect to the 1st point, namely, the provision of a fund for " the expense of the proposed establishment of an European Superin- " tendent of the Nizamut, I am directed to observe, that Government " would consider itself to be perfectly warranted, under the Nawab's 56 " engagement, in applying to that purpose a portion of the personal pro- " perty of the. late Munnee Begum, but as it is practicable, without " having recourse to that measure, to provide the requisite fund for " other objects appertaining to the Nizamut, and as it is an object of " considerable importance to secure, if possible, the cordial and zealous " co-operation of the Nawab in the future reform of the Nizamut, the " Governor-General in Council is disposed to avoid the adoption of a " measure which would interfere so materially with His Highness's pi-r- ' sonal interest, as the appropriation of a considerable portion of the pro- ' perty to which His Highness considers himself to be the heir, and there- 'fore, rather than subject His Highness to that privation, His Excellency ' in Council has resolved to supply the fund from available assets apper- ' taining to the Nizamut. " You will take an early opportunity of ascertaining w ( ith accuracy " the extent of the funds actually disposable, and of devising the best " means of supplying any deficiency." The following are extracts from Mr. Mo nekton's Report, furnished from Poll. Corr., 19th October, 1816, No. 58- 65. " On the 24th ultimo I had the honour of paying His Highness a " visit at Farakbaug, when I opened the subject of my Commission. " I said to His Highness, that he was no doubt prepared, by the " Eight Honourable the Governor-General's letter, regarding my depu- " tation, to expect from me communications of considerable importance, " and with His Highness' permission I would explain to him the views " of Government, stating, at the same time, my persuasion that His " Highness would cordially acquiesce in them, not merely from a regard " to his former engagement, but from a conviction that they were "essential to the future prosperity of the Nizamut, and to the support " of His Highness' own dignity and honour. " I proceeded to unfold to His Highness the project for the separation " of the office of Superintendent of the affairs of the Nizamut from " the office of Senior Judge of the Provincial Court of Appeal and " Circuit for the Division of Moorshedabad, and for the formation of a "fund from the renuurcfs of the Nizamut to defray the personal salary " of a Superintendent, and the expenses of his establishment, prefacing " that communication by a full exposition of the motives, o/ijects and bene- " fits to be expected from that arrangement, as described in Mr. Edmon- " stone's minute of the 25th March last. " His Highness listened to me with the utmost attention. He seemed " fully to admit the existence of the evils and abuses of the present " system of the Nizamut, and did not offer any objections whatever to " the principle of the suggested arrangement, for providing for the dis- " charge of the duties of a Superintendent at the expense of the " Nizamut. His Highness, however, manifested some degree of impa- " tience to learn how funds could be raised to the great extent of seven " lakhs. "Anticipating the anxiety which Hi? Highness would feel ou this 57 " point, I had already taken considerable pains to ascertain what funds " were actually available for the purposes of forming the proposed new " establishment, and although my information was still imperfect I was " enabled to assure His Highness that there are assets appertaining to " the Nizamut nearly, if not entirely, sufficient to form the requisite " fund. With a view, however, to demonstrate to the Nawab the con- " sideration of Government towards His Highness, I observed that " under His Highness' engagement, Government would be warranted in " applying a portion of the Munnee Begum's Treasure to the purpose of "firming the fund, but that as the measure would materially affect His " Highness' personal interest by imposing, in a manner, on His High- " ness the burthen of the expense, Government proposed to provide " the funds, if practicable, from unappropriated assets appertaining to " the Nizamut, and that accordingly my anxious endeavours had been " directed to the accomplishment of that object. " His Highness received the communication apparently with great " satisfaction, and expressed his sense of the consideration shown to " him, with regard to the mode in which the funds were to be sup- ' plied, in the event of the proposed office being established. I ex- ' plained to His Highness, however, that in computing the assets ' available for the purpose of forming the fund of seven lakhs, I ' calculated on certain sums being repaid to the Nizamut from the ' Munnee Begum's personal property, observing also, that the repay- ' ment of those sums was entirely distinct from any consideration ' connected with the plan for the new establishment for the Superin- ' tendence of the Nizamut, and that they would be added to the fund ' for defraying the expense of that establishment, as forming a part of ' the actual resources of the Nizamut. " His Highness, having heard these observations, did not seem " disposed to pursue the discussion further. He said that he felt too " unwell to admit of his bestowing on the several points, which had " been brought up under discussion that day, the degree of considera- " tion requisite to enable him to form any decision, and desired to be " furnished with a written statement of the several sums which it was " proposed to deduct from the amount of the late Munnee Begum's " Treasure. " I expressed concern at His Highness's indisposition, but requested " permission to observe that the points which I had submitted to His " Highness's consideration, had undergone a full discussion, and that " I was not aware of the difficulty which opposed a declaration of His " Highness's sentiments. I said that we had been closeted for three " hours, and that if my conference with His Highness led to no result, " an opinion would go abroad that the views of His Highness were in " opposition to those of Government, an opinion which I would greatly " lament. I assured His Highness that I had hitherto preserved in- " molable secrecy with respect to the views of Government ; that I had " not even disclosed them to any person of my own, and that although " I had called on the Officers of the Nizamut for several statements, " no one comprehended the object of them, and that the anxious wish " of my heart was to negociate the proposed arrangements personally " with His Highness, and without the intervention or even knowledge " of any other person. I therefore expressed an earnest hope that His 58 " Highness would not think it necessary to consult any other judgment " than his own, but act at once according to his own wisdom and dis- " cernment, in which case, I felt assured, His Highness would not " allow me to leave his house without the gratification of knowing that " he concurred in the proposed arrangements. The Nawab, however, " still urged his indisposition as an excuse for suspending his judg- " ment on all points. '' On my reminding His Highness of all his engagements, he desired " that he might not be understood as having decidedly objected to any " part of the arrangement which had been proposed to him ; but " observed that he conceived himself at liberty to represent to the " Right Honourable the Governor- General any inconveniencies or em- " barrassments which might occur to his mind as likely to result from '' them, and following up that observation by asking, whether his " reply to His Lordship's letter ought to be transmitted through me. " I replied that His Highness was certainly at liberty to pursue this " course which he had described, and that I should not fail, to furnish " him with the statement which he required of the sums proposed to " be deducted from the Munnee Begum's Treasure. " With respect to the transmission of His Highness' letter to the Governor-General, I merely explained, that I considered myself to be the channel through which His Highness 1 letter should be trans, mitted, according to the regular forms of official intercourse between His Highness and Government, on all points connected with my mission. " I advised His Highness, however, before he proceeded to address the Governor- General, to consider well the contents of His Lord- ship's letter, when he would observe, that His Lordship had confi- dently anticipated His Highness 1 cordial acquiescence in the proposi- tions to be communicated by me, not merely with reference to His Highness' engagements, but from a conviction that they were calcu- lated to promote the general prosperity of the Nizamut. I was, therefore, particularly anxious, and said that His Highness should act up to his engagements, and not by any representation or remonstrances against arrangements so equitable and beneficial in themselves, impose upon His Lordship the necessity of reminding His Highness of the circumstance in which the engagements originated, but by fulfilling his promise, avoid such necessity which would only alllict both His Lordship and His Highness with pain. His Highness observed that, according to the tenor of the Governor- General's letter, the points, brought forward by me, were to be matters of negociation and that, therefore, he did not conceive himself absolutely required to comply with the propositions of Go- vernment. " I replied, that although His Lordship was fully satisfied of the justice and propriety of the propositions, and confidently anticipated His Highness's acquiescence in them, yet, he certainly wished that the grounds of those propositions should be fully explained to His Highness, and that His Highness's observations upon them should be heard, and any objections which might possibly occur to his mind be removed, as His Lordship would regret being thought by His Highin-ss to take advantage of his engagements, to require from His Highness 59 " any sacrifice which might appear to be unreasonable, or not de- " manded by considerations connected with the future welfare of the " Nizamut. I requested His Highness to consider, that, although he " should ultimately acquiesce in the views of Government after repre- " sentation and remonstrance, yet, his acquiescence under such circum- " stances would have no grace; as His Highness's sincere friend, " therefore, I advised him to declare at once his acquiescence in the " views of Government. Such was my anxiety on the subject, I added, " that 1 would take upon myself the responsibility of exonerating His " Highness from the burthen of supporting any of the late Munnee ' JSegum's dependents out of her property, for which purpose I had ' allotted a fund of a lakh of Rupees, if he would only yield a cordial 1 assent to the other deductions from the property, and also to the ' arrangement for the new establishment for the Superintendence of ' the affairs of the Nizamut, and, that, in making this offer, I was ' not sure that my conduct would be approved. I concluded by saying, " that His Highness would not fail to recognise in that, and also in " the whole arrangement, my anxious solicitude to combine with the " attainments of the views of Government for the benefit of the Niza- " mut, the utmost possible consideration for His Highness's personal ' ' interests relative to the disposal of the Munnee JBegum's property. " His Highness was, however, quite inflexible ; he declared his inability " to give me any definite answer, and at length I took my leave with " the expression of my disappointment at the suspension of his judgment " upon the arrangements which had been proposed to him, and of my " hope that, on reflection, His Highness would let me have the gratift- " cation of reporting to Government that they have obtained his " approbation. " The tenor of His Highness's conduct certainly impressed me with " the belief, that he either meditated a decided opposition to the views of " Government, or had determined not to act without the previous com- " munication with his confidential advisers. "I afterwards learnt that His Highness held secret consultation " with his father-in-law, the Nawab Shunishere Jung, and with one or " two others on that night and the night following. In this interval I " had prepared the statement which His Highness had requested, and " was on the point of sending it to Farrakbaug, when His Highness " sent me a message, signifying his intention of visiting me on the fol- " lowing morning. If is Highness, however, being unfortunately taken " ill, sent his father-in-law to me with a letter, informing me of his in- " disposition, and containing the gratifying intelligence of his cordial " acquiescence, in the views of Government. " Before I close the letter I beg to state that no part of the funds for " the new establishment for the Superintendence of the Nizamut is in "the hands of the Collector, excepting the arrears of the Munnee " Begum's personal salary, amounting to Rupees 2,67,703. That sum " might be immediately invested in the puhlic Securities of Government. " The remainder of the funds shall be paid into the Collector's Treasury " with the least practicable delay." The following is an extract from the letters received by Mr. Monckton in reply. 60 " The successful issue of your proceedings in the execution of such " parts of those instructions, as formed the subject of the despatch now " acknowledged, has afforded much satisfaction to the Governor-General " in Council, who considers your conduct to be marked with the charac- " teristic zeal, address, temper, and ability, which formed the ground of " His Lordship's selection of you for the performance of this delicate " and important service. " The tenor of your conference with the Nawab, and the general " course of your proceedings, reported in that despatch, being in entire " conformity with the spirit of your instructions and of the views of " Government. I am directed to proceed at once to convey to you the " sentiments and instructions of His Lordship in Council on those " points on which the special expression of the opinions and sentiments " of the Government are required. " The statements of the sums to be deducted from the treasure of the " late Mwmee Begum, and of the assets available for the purpose of de- " fraying the expense of the proposed new establishment, both of which " have been recognized and accepted by the Nawab, are entirely ap- " proved. " The sum of 2,67,703 Rupees, being the amount of the arrears of " the late Munnee Begum's stipend, which forms one item of these ' assets, and is actually in the hands of the Collector of Moorshedabad, ' will be invested in the public funds without delay. Instructions, of ' which a copy is enclosed, have accordingly been issued to the Ac- ' countant-General and the Government Agent, and you will be pleased ' to convey the necessary instructions on the subject to the Collector ; ' you will be pleased to make early arrangements for the payment into 'the hands of the Collector, of the remaining sums described, for the ' same purpose, reporting the actual payment, that the necessary measures ' may be taken fur investing the whole amount.'" Instructions were accordingly issued to the Accountant- General and the Sub-Treasurer, who were at that period the Government Agents. " The Governor-General in Council having concerted an arrangement " with His Highness the Nawab of Bengal, for the establishment of a " fund for defraying the expense of a new establishment for the super- " impendence of the affairs of the Nizamut, I am directed to transmit to "you the enclosed statement of assets appertaining to the Nizamut, " which have been ascertained to be available for this purpose " The only part of these assets actually in the hands of the Govern- " ment is the first item, namely, the arrears of the stipends of the late " Munnee Begum from the period of her death till the 31st of August, " 1816, amounting to 2,67,703 rupees, which is in the Treasury of the " Collector of Moorshedabad. " It is the desire of the Governor- General in Council, that the above " sum should be immediately invested in public Securities towards the " formation of the proposed Fund. Hit Lordship in Council h accurdiu^ly " pleased to empower and direct you, in your character of Government Agent 61 " to purchase Government Securities to the amount above stated, which " will be placed at your disposal for that purpose. The advantage arising " from the discount on paper will belong to the Nizamut, and it is to be " accounted for In His Highness the Nawab. "The remaining sums will be paid into the hands of the Collector at " Moorsheclabad, with the least practicable delay, and are then to be " disposed of in the manner above stated. " A copy of this letter will be transmitted to the Accountant-G-eneral, " who will be instructed to take the necessary measures for placing at " your disposal the sumjabove specified, as well as the remaining sums as " soon as they are realized." The following letters from Mr. Monckton set forth the Assets from which the Agency Fund was formed, and to which the Nawab was entitled as the heir-at-law : To HENRY STONE, ESQ., Sub-Treasurer, Fort William. Sir, Under charge of Lieutenant George Moore I herewith dispatch to you, for the purpose of being sent to the Mint for coinage, treasure to the amount of 2,28,320 Rupees, of that sura Rs 2,18,820 are destined to form part of a Fund of Seven lacs for defraying the expenses of a new establishment for the superintendence of the affairs of the Nizamut, and the remainder, namely, 9,500 Rupees, are to constitute a Fund for defray- ing the expense of an establishment at the tomb of the late Munnee Begum. 3. As the treasure is in old Rupees of sorts, I request that you will be pleased to cause Rupees to be assigned with the least practicable delay, and inform me of the amount of any deficiency, when it shall be immediately made good from the stipend of the Nizamut. 3. You will be pleased to communicate the arrival of the treasure to the Accountant-General. 4. The treasure is put up in fifteen boxes, fourteen of which contain 16,000 Rupees each, and the other Rs. 4,320. I have, &c., ("Signed) J. MONCKTON. Moorshedabad, 19th Dec., 1816. To J. W. SHEENJ ESQ., Accountant General, Fort William. Sir, You are apprized of the arrangement which has been concerted by the Government in Council with His Highness the Nabob of Bengal for the establishment of a Fund for defraying the expenses of a new establish- ment for the superintendence of the affairs of the Nizamut, and you have been furnished with a statement of assets available for that purpose. 2. You were informed by a letter from Mr. Secretary Adam, dated 19th 62 October, that of those assets the sura of 4,67,703 Rupees, being the ar- rears of the Stipend of the late Munnee Begum from the period of her death till the 31st August, 1816, was in the hands of Government, I deem it regular to explain to you, however, that although the amount of the arrears of the late Munnee Begum was correctly stated, the precise sum was not in the hands of Government. The amount actually due from the Treasury of the Collector of Moorshedabad at that time was only Rs. 2.63,703, and the balance of Rs. 3,399-6 was in the hands of the late Munnee Begum's Dewan. 3 I have now the honour to inform you that, including the balance of Rs. 3999,6 above stated, 1 have since paid into the Collector's Treasury the sum of 2,17,476-6 Sicca Rupees, making a total sum of 4,81,180 Rupees, and I herewith enclose to you the Collector's receipts for the amount. 4. The remaining assets destined for the fund of the proposed new establishment have been furnished from the late Munnee Begum's Trea- sures, and is in old Rupees of various denominations. I have, therefore, this day despatched to the General Treasury under an escort of Sepoys, commanded by Lieutenant George Moore, the amount of these assets, namely, Rs. 2,18,820, tor the purpose of being sent to the Mint, and hav a informed the Sub-Treasurer that whatever may be the deficiency of the old Rupees in weight and quality shall be immediately made good from the Munnee Begum's allowance which has accumulated in the Col- lector's Treasury since the 31st of August. 5. The fund of seven lacs of rupees for the proposed new establish- ment for the superintendence of the affairs of the Nizamut, may, there- fore, be considered to be completed, and it only remains for you to pro- duce at the disposal of the Government Agent the sums paid into the Collector's Treasury, in order that the amount may be invested in Public Securities. 6. I beg leave to inform you that a further sum of 9,500 Rupees has been taken from the Munnee Begum's Treasure, for the purpose of form- ing a fund to defray the expenses of an establishment at the Begum's tomb, and that as that money is likewise in old coin, and must conse- quently be sent to the Mint, I have taken the opportunity of dispatching it to the general Treasury with the other treasure, making the total amount of the remittance tolls Rs. 2,28,320. 7. As the sum of 9,500 Rupees is to be invested in Government Secu- rities, you will shortly receive the instructions of the Governor-General in Council to place that sum also at the disposal of the Government Agent. 8. The deficiency in the Rupees comprising the latter item will be met in the same manner as the deficiency in the Rupees belonging to the other Fund, and I have only further to observe that as the interest of 9,500 Rupees will scarcely be sufficient to cover the expenses at the Establishment at the Tomb of the late Munnee Begum, which are ascer- tained to be 574 Rupees annually, any small addition to the capital by the purchase of Company's paper at a discount is desirable. I have, &c., (Signed) J. MONCKTON. Moorshedabad, 19th Dec., 1816. 63 To JOHN ADAM, ESQ., Acting Chief Secretary to Govern- ment, Fort William. Sir, I have the honour to acknowledge the receipt of your despatch of the 19th of October, from wnich I was happy to learn that my proceedings as detailed in roy letter of the 20th of September, had received the entire approbation of Government. 2. My subsequent proceedings have suffered great interruption in con- sequence of Hindoo and Mussulman Festivals, and particularly by the long illness of His Highness the Nabob. 3. Previously to the Nabob's indisposition, His Highness had attended with me almost daily for three weeks at the late Munnee Begum's apart- ments, for the purpose of inspecting and examining Her late Highness's treasure and jewels, as also her other property, the extent and variety of which was very great. 4. The jewels may fairly be estimated at not less than six lacs of rupees, the gold and silver utensils amount in weight to Sicca Rupees one lac, two thousand and fifteen, and the property in goods consisting of rich. velvets, Benares, gold and silver stuffs, shawls, muslins, silks, beautifully embroidered purdahs, and a countless variety of other articles cannot be estimated at less than one lac and a half of Rupees. The collection of articles of every description was prodigious, and 1 have great satisfaction in stating that the whole of the property was in the highest state of per- fection, as there was reason to apprehend from the late Superintendent's Report that it was not the case. 5. The treasure in gold, silver, and copper coin amounted to 150,507-12 Rupees, but in taking an account of the money, a box containing 16,053 Rupees was pointed out to me as belonging to Zabunnissa Begum, who is grand-daughter of His Highness Nabob Jaffier Ali Khan, and also to her brother, and she is the lady who claimed the enormous sum of nearly two lacs and a half of Rupees out of the Munnee Begum's property. 6. As Mr. Brooke, on the occasion of his being ordered to ascertain the extent of the late Munnee Begum's Treasures, had informed the Government that no parcel, however insignificant, was left unexamined, and as he had not even mentioned the name of the Nowassy Begum in auy of his reports, I asked why Mr. Brooke had not been told that the box in question belonged to the Nowassy Begum at the time when the inventory of the Munnee Begum's treasure and effects was prepared under his directions. I was assured that the box was pointed out to Mr. Brooke as being the Nowassy Begum's pioperty, but that because the Munnee Begum's seal was found to be affixed to it, he refused to admit that lady's claim, and said that he considered the whole of the property without distinction as having belonged to Her late Highness. 7. On inquiry, however, it appeared that the Nowassy Begum had always been in the habit of receiving her stipend through the Munnee Begum, and on examining the box, it was found to contain a large collec- tion of the receipts of that lady for a stipend which she enjoys as a Mem- ber of the Rajmehal Family. Moreover, Meah Bahar Ufzoon, the eunuch who had charge of the Tosha Khana, declared that the box in question was the treasure-chest of Nowassy Begum, and that the treasure which it contained was no other than the money of her stipend, and they fur- 64 ther signified their readiness to confirm their declaration, if necessary, by oath. 8. With such evidence in favour of the Nowassy Begum's claim, I could not possibly consider the simple fact of Her late Highness's seal being affixed to the box, to furnish a justifiable pretext for rejecting tliat claim. I therefore deemed it my bounden duty to represent to His Highness the Nabob the propriety and necessity of his making over the treasure to the Nowassy Begum. His Highness being entirely -unprepared for this fresh demand, evinced the greatest reluctance to admit the equity of it. But I told His Highness that I felt it incumbent on me to press the point with peculiar earnestness, because it was one which equally concerned His Highness's own honour, and the justice of rny proceedings, and that I had too high an opinion of his principles to suppose for a moment that he could desire to withhold from his cousin what was her indisputable right. His Highness, after some consideration, acknowledged that as the eunuch who had charge of the Tosha Khana was prepared to support the claim of the Nowassy Begum on oath, he could not, with propriety, withhold the treasure from her. 9. But while I considered it to be an indispensable obligation of my duty to secure to the Nowassy Begum her joint right, I could not help regarding the fresh demand against the property of the Munnee Begum, as affording to the Nawab a ground of discontent, since it was on the faith of my assurance that the treasure of the Munnee Begum amounted to Jifleen lacs that Hi* Highness recognized and accepted the statement of deductions to be made from that treasure Any new circumstance occur- ring to diminish still further the amount of surplus which the Nabob has been taught to expect for his own personal benefit, could not fail to be regarded by His Highness with dissatisfaction. 10. I therefore anxiously sought to compensate to His Highness in some measure for this disappointment. 11. It occurred to me that among the proscribed deductions from the Munnee Begum's treasures, there was one item, the amount of which nearly corresponded with that of the money found to belong to the Nowassy Begum, and which appeared to be the least desirable of all the de- ductions, namely, thesumof 1 7,500Rupees, awarded tothe wife of Shemut- ud-Dowla, on account of interest on the amount of stoppages of her stipend. I therefore resolved to charge the resources of the Nizamut with the payment of that sum. 12. Accordingly, after providing the funds for that purpose, I told the Nawab that 1 was much gratified by his honorable conduct in regard to the treasure which had been ascertained to be the property of his consin the Nowassy Begum, but that as I was sensible of the disappointment occasioned to him by that claim, I was very anxious to provide the means of satisfying it without exposing him to loss by a diminution of the amount of the surplus which his Highness had been led to expect from the Munnee Begum's treasure, and I then explained to him the arrangement which I had made for that purpose. 13. His Highness seemed extremely gratified, and expressed his sense of obligation to me for my kindness. 14. By this arrangement I was enabled to combine with the perform- ance of an act of justice to the Nowassy Behum the disposal of the late Munnee Begum's property in a manner to afford entire satisfaction to His 65 Highness's mind, and I trust that the attainment of this object will be considered by the Right Honorable the Governor in Council to furnish a sufficient apology for uiy taking upon myself to relinquish an item of deduction from the late Munnee Begum's Treasure without His Lord- ship's in Council previous sanction. 15. The sum of 16,053 rupees being deducted from the property found in the late Munnee Begum's apartments, the treasure which actually be- longed to Her Highness amounted to Rupees 14,85,454-12, out of which has been deducted Rupees 8,58,043-14-8, and a further sum of Rs. 44,650 reserved for the purpose of reducing jewels mortgaged on bond, to the amount of Rs. 50.000, leaving a surplus of Rupees 5,82.760-13-4, which has been formally made over to His Highness, together with the whole of the jewels, gold and silver utensils, and other property amounting collec- tively to about 8,50,000 rup-es. Thus, by the death of Her Highness the Munnee Begum, the Nabob has acquired personal property to the ex- tent of nearly fifteen lacs of rupees, besides the possession of lands and houses, and the Chowk adjoining the Palace, which alone yields a revenue of 12,000 rupees per annum. 16. The late illness of His Highness having rendered him incapable of attending to business, has prevented any arrangement for transferring to His Highness immediately the Chowk and its Dependencies, and as His Highness has now proceeded on an excursion to Monghr for change of air, the execution of any measures 1'or that purpose must he delayed until His Highness's return. 17. On the 15th ultimo. I sent to the Collector's Treasury the money required to complete the Fund for defraying the expense of the proposed new establishment for the superintendence of the affairs of the Nizamut, and I only deferred the communication to Government of the payment until the Collector should acknowledge the receipt of the money 18. An unexpected but apparently unavoidable delay, however, has oc- curred in taking an account of the money in the Collector's Office, a con- siderable proportion of the money, having been taken from the Muunee Begum's treasure, was in old coin. This circumstance rendered it neces- sary for the Collector to assort and pay the money before he could make any entry of it in his books, and I was not aware of the length of time which would be required for that purpose. 19. I had waited nearly a month for the Collector's receipt, when I was informed that it had not been found practicable to do more than assort the old coin, which was of various denominations, and that it still remained to assay it. I was, moreover, informed that the assaying of the Rupees in the Collector's Office would not supersede the necessity of their undergoing a similar process at the Presidency on being sent to the Mint to be recoined. 20. In order, therefore, to prevent further loss of time, I resolved to dispatch the Rupees of sorts to the General Treasury without delay, con- fining the payment into the Collector's Treasury to the Sicci Rupees of the standard weight. I accordingly withdrew the old coin from the Col- lector's Office, and dispatched it to the Presidency on the 20th instant, under an escort commanded by Lieutenant George Moore. In adopting this measure, I hope my conduct will be approved. 21. I have the honour to transmit to you, for His Lordship in Council's information, a statement of assets whteh have been placed in F 66 the hands of the Collector, and of those which have been remitted to the Treasury. 22. I have transmitted to the Accountant-General the Collector's Re- ceipts for 4,81,180 Sic. Rupees, and I have apprized him of my having dis- patched to the Presidency, for the purpose of being recoined, the sum of 2,18,820 old Rupees, being the number required to complete the Fund 01 7 lacs, stating at the same time that whatever may be the deficiency of the old Rupees in weight and quality, it can be immediately made good from the late Munnee Begum's personal allowance of 12,000 Rupees, which has accumulated in the hands of the Collector since 31st Augus". last. 23. It will be in the recollection of His Lordship in Council, that araone; the deductions from the Munnee Begum's treasure, is a sum of 9,500 Rupees for the purpose of forming a Fund to defray the expense of an establishment at the Tomb of the latfr Munnee Begum. 24. As that money is in old coin, and the amount is intended to be in- vested in the Public Funds, I have taken the opportunity of sending it to the Presidency with the other Treasure, making the total amount of the remittance 2,28,320 rupees. I have prepared the Accountant-General to expect orders from Government on the subject of placing the further sum of 9,500 Rupees at the disposal of the Government Agents, for the pur- pose of being laid out in the purchase of Company's Paper, and I have informed him that the deficiency in the Rupees, as soon as the extent of it shall be ascertained, will be met in the same manner as the deficiency in the other part of the treasure. 25. As the monthly and occasional expenses of the establishment maintained at Munnee Begum's tomb are ascertained to amount to 574 Rupees annually, which rather exceeds the interest of Rs. 9,500, I have in- timated to the Accountant-General that the amount which may be gained by the Discount on Company's Paper should be added to the capital for the purpose of rendering the Fund mvre adequate to its object. 26. I am engaged in settling the debts of the Nabob's several uncles, and am endeavouring to adjust them in a manner most favourable to their interest. 27. I hope also in a few days to submit a detailed Report of the Establishment of the late Munnee Begum, of two casualties which have occurred in them since His Higbness's demise, and of the reductions which have actually been eifected, or which may appear practicable. 1 have, &c., (Signed) J. MONCKTON. Moorshedabad, 26th December, 1816. The following extract is from the instructions sent to Mr. Monckton in reply : " The Q-overnor- General in Couucil approves of your having despatched " to the Presidency that portion of the money required to form the " Fund for defraying the expense of the proposed new establishment " for the Superintendence of the affairs of the STizamut, which consisted " of Rupees of sorts, and of your communication to the Accountant- " General on the subject of that remittance, and on the other points " adverted to in the 17th and following paragraphs of your letter. The " necessary orders will be issued for investing in Government securities " such portions of the money intended to form the proposed Fund, as had " not already been so disposed of. The following is an extract from the orders issued to the Government Agent subsequently : " In continuation of my letter of the 19th October last, I am directed " to transmit to you the enclosed Statements of the Assets, which have " been placed in the hands of the Collector of Moorshedabad, and of " those wliich have been remitted to the Presidency, for the purpose of " forming a Fund for defraying the expense of the proposed establish- " ment of the Superintendence of the affairs of the Nizamut. " Mr. Monckton has reported the transmission to the Accountant- " General of the Collector's receipt for the portion of that sum paid " into his Treasury, and his having apprized the Accountant- General " of the remittance of the remainder to the Presidency in Rupees of " sorts. " It only remains, therefore, to desire that you will, in your character " of Government Agents, proceed, in the manner pointed out in my " letter of the 19th October, with regard to that part of the money in " question, which may not have been already invested in Public Securi- " ties for the purpose stated, and which will be placed at your disposal "by the Accountant- General." Mr. Monckton, iu consideration of the services he had rendered in carrying out the instructions of the Q-overnor- G-eneral, was nominated to the appointment which he had been so instrumental in establishing by the following letter: To JOHN MONCKTON, ESQ. Sir, The principal object of your deputation to Moorshedabad having now been successfully accomplished and the fund for the establishment of the proposed system of control and superintendence over the affairs of the Nizamut having now been formed by the actual receipt into the Treasury of the money intended to be appropriated from the resources of the Niza- mut for that purpose. lam directed to inform you that you are to con- sider your mission at an end, and that His Excellency the Governor- General in Council has been pleased to appoint you to the permanent .situation of Agent to the Governor- General at Moorshedabad. At this capacity, in addition to the more immediate and special duty of superin- F 2 68 tendence over the affairs of the Nizamut, you will consider yourself to be the channel of communication with all natives of rank residing at or visiting the city of Moorshedahad, as well as with the descendants of the Nawab Ihteram-ud-Dowla a collateral branch of the Family of the Nabob of Bengal residing at Rajmehal and not strictly comprehended in the establishment of the Nizamut. 2. The Governor-General in Council has been pleased to fix the salary of the office of Agent of the Governor- General at Moorshedabad at 40,000 sicca rupees per annum, after providing for this charge, a sum of 2,000 Rupees per annum of the interest of the Fund in question will remain available for the expenses of the establishment of your office, which with the amount of the present monthly establishment of 213 Rupees, making an aggregate of Rs. 379-4 per mensem, which His Lordship in Council conceives be fully adequate for that purpose. You will accordingly pre- pare and submit for the approval and sanction of the Government the details of an establishment at an expense not exceeding the aggregate amount above stated. You will be proposed to return to Moorshedabad, to assume the office to which you are now appointed, as soon as may be convenient. I have, &c., (Signed), J. ADAM, Acting Chief Secretary to Government. Council Chambers, 22nd February, 1817. P.S. You will receive from the Persian Secretary a letter from the Governor-General to His Highness the Nabob, announcing the appoint- ment. On the proceedings (see Poll-Coir. 10th May, 1817, No. 20-25), is recorded a letter from the Government Agents, of which the following is a copy : " We have the honour to acknowledge the receipt of your letters, " bearing dates the 19th of October and 4th of January last, relative to " the Nizamut establishment, and to state, for the information of Govern- " ment, that in conformity with the instructions conveyed in those "letters, we hare invented the several sums received hy its from the General " Treasury, and have now the pleasure of submitting an account exhibit- " ing the whole of this transaction." On receipt of the foregoing letter, and the accounts which accompa- nied it, from the Government Agents, further instructions, dated the 1st May, 1817, were issued to the Accountant- General, from which the following is an extract. " The Government Agents have been directed to deliver over to you "the Government Securities to the amount of Rupees 7,10,600, which " have been purchased on account of the Ni/amut. " You will be pleased to take necessary measures for having those " Securities invested as the property of the Nizamut, the interest in them " being assigned for the payment of certain special charges as follows . "For paying the Salary Principal. Interest per an. "and of the Office Estab- " lishment of the Agent to ' " the Governor - General at "Moorshedabad, . . . 7,01,000 42,060 69 " For the charge of an " Establishment at the Tomb " of the Munnee Begum . 9,600 576 " The Collector of Moorshedabad has been authorized to pay the " Salary and Establishment of the Agent to the Governor- (General at " Moorshedabad, and the charges of the Establishment of the Munnee " Begum's tomb, monthly, at the above rates. " You will be pleased to transmit the Government Securities above " mentioned, to the Collector of Moorshedabad, with instructions to " balance in his accounts, the interets due on them half-yearly, against " the monthly payments which he has been authorized to make as speci- " fied in the foregoing paragraph." A further charge was made by the Government against the Nizamut, in accordance with the instructions given in the following letter : To JOHN MONCKTON, ESQ., Acting Agent to the Governor-General, Moorshedabad. Sir, I am directed to acknowledge the receipt of your letter of the 7th inst., and to inform you that the Governor-General in Council has been pleased to sanction the establishment proposed by you for the office of Agent to the Governor-General at Moorshedabad. The payment of the establish- ment will commence from the date on which it may .have been enter- tained. 2. Although it was originally intended that a portion of the expense of the establishment of the Agent equivalent to the expense of the estab- lishment heretofore maintained for the superintendent of Nizamut affairs should be charged to the Government, the Governor-General in Council, on a reconsideration of the subject, is disposed to think that it will be more consistent with the principle on which the office was constituted to make the whole chargeable on the funds of the Nizamut. 3. His Lordship in Council, would, however, be reluctant to bring for- ward a fresh derr. and on this account, however inconsiderable the amount, did he not suppose that funds sufficient for the purpose will have already accumulated from the arrears of lapsed stipends yet unappropriated, and which may be considered properly applicable to this object, as one con- necter! with the general benefit of the Nizamut. 4. The interest calculated from the 1st January to the 21st February accruing on the Government Securities purchased on account of the Nizamut, which have been assigned for the payment of the salary of the Agent, will be available for the same purpose ; as will also the interest calculated from the 1st January to the date on which the office establish- ment now sanctioned may have been entertained, accruing on the Govern- ment Securities assigned for the payment of a portion of that establish- ment. 5. The Governor-General in Council desires that you will submit a 70 Statement of the amount of funds which may have accumulated from the source specified in the 3rd paragraph of this letter, which may l>e made available for defraying that portion of the expense of the Agent's Establishment not yet provided for from the funds of the Nizamut. On receiving this report, His Lordship in Council will determine on the ex- pediency of making this exppnse a charge on the Nizamut. 6. The Collector of Moorshedabad hns been authorised to pay monthly on the joint receipt of His Highness the Nabob and of the Agent, the allowance for an Establishment at the Tomb of the late Munnee Begum. The payment of this Establishment will commence from the 1st of January, the date from which interest is due on the Government Secu- rities assigned for defraying it. I have, &c., (Signed) J. ADAM, Acting Chief Secretary to Government. Fort William, 10th May, 1817. On the proceedings of the Poll-Cor. 5th July, 1817, No. 41-45 is recorded a letter from Mr. Monckton, forwarding a letter to the address of the Governor-General, from His Highness the Nawab Nazim, in submitting which, Mr. Monckton observed thus : " The only point in His Highness's letter which appears to require " particular notice is, the solicitude which His Highness has expressed " to receive from the Governor- General an assurance, that the Com- *' pany's Papers which have been purchased with the Funds of the " Nizamut, for the declared purpose of defraying the expense of the ' newly constituted Office, shall be considered as appertaining to the " Nizamut, and not liable, under any change of circumstances, to be " diverted to purposes foreign to the interest of the house of Jaffier " Alee Khan. Such an assurance would not, perhaps, be inconsistent " with the principle on which the Fund has been formed, while, it " would be particularly gratifying to His Highness." The Governor-General replied to the letter from His Highness the Nawab Nazim, and forwarded it through Mr. Monckton ; it ran thus : " It was matter of satisfaction to me to be able to form the Fund " for the payment of the new establishment by appropriating to that " purpose the accumulations of different branches of the Nizamut not ' expressly destined to other purposes and which could not have been ' applied to any object so truly beneficial. The money forming the ' fund thus obtained amounting to seven lacs of Rupees is considered ' and recognized as the inalienable property of Your Highness's ' Family, over and above the Sixteen lacs of Rupees per annum ' assigned for its support " The Agency Fund must clearly have been a distinct and separate Fund, when the Hon. W. L. Melville, Agent Governor-General, ad- dressed Government on 28th May. 1836, in the following words : " There is at present a peculiar pressure of business in the English " Department of this office " 1. The accounts of the Munnee Begum's Deposit Fund. " 2. The Pension Fund. " 3. The Pension Deposit Fund. 71 " Temporary aid is therefore required. I beg I may be empowered " to entertain an ' additional writer at 100 Rupees per mensem, to be " charged to the Agency Fund. 1 " In a letter dated 1st March, 1836, Sir W. Macnaughten alludes to the several funds which the Hon. W. L. Melville, in an official com- munication dated 5th July, 1837, proposed to amalgamate ; but as the proposition required grave consideration, the Accountant- General was referred to, who reported to Government on the 16th December, 1837, that by a Government Order of the 1st March, 1836, the Funds had been amalgamated 1 which, in his opinion, " rendered unnecessary " any exhibition of the Agency charges in the accounts of this Govern- " ment !" This was apparently an opinion derived from Para. II. of Sir W. Macnaughten's letter where he states : " The different sums " composing the Fund formerly set aside for the payment of the ex- " penses of the Agency for the superintendence of the Nizamut ' affairs have lately been brought together in the hands of the Government Agents, and you will hereafter draw upon them ' monthly, for the expenses of the Agency including your own salary. ' The Government Agents will be instructed to furnish an annual ' account of this Fund directed to this office, instead of the circuitous ' plan hitherto followed of sending it through the Agent of Moor- " shedabad." In a letter from the Civil Auditor to the Agent Governor- General dated 4th July, 1837, with reference to the charges for Agent's salary, office establishment, and rent, he states : " These charges are defrayable out of the interest of the Nizamut " Fund, called the Agency Deposit Fund, reserved in the Treasury of " Government under Order of Government of the 22nd February, " 1817, and ivhich is declared to be quite distinct from that denomi- " nated the Nizamut Deposit Fund, which is available for general " purposes connected with the welfare of the Nizamut Family." As this Fund was thus declared distinct, it only remains to consider its condition at different periods. In Para 5 of General Raper's letter to the Government of Bengal, dated 17th April, 1843, after entering generally upon the subject of the Fund, he states " The different sums set aside for the payment of this Agency were, " under Government Order of the 1st March, 1836, finally brought " together in the hands of the Government Agents, and on reference " to their account current made up to the 30th April, 1842, a copy of " which was transmitted to me in Mr. (Officiating Secretary) Bushby's " letter of the 10th August last, I observe that the state of the " Nizamut Fund is adequate to the payment, not only of the entire " charge of the Agency, but an annual accumulating balance of about " Rupees 24.000 is created in favour of the Fund by a surplus of " Interest over Expenditure, as shown in the accompanying state- " ment of the Government Securities composing the Nizamut Agency " Fund." Again, Mr. H. Torrens, Agent Governor- General, when addressing the Government of Bengal on the 1st of February, 1848, on the sub- ject of the Agency Fund, states : " It appeared that there were Sic. Rupees 12,29,645, yielding a sur- " plusage annually of Interest over Expenditure." 72 And by the Agent Governor-General's letter of 27th January, 1853, it further appeared that on the 30th April, 1852, the returns showed an accumulation of Kupees 16,47,044-10-5. When Sir George MacGregor applied to the Accountant-General on the 12th February, 1857, after the Agency was abolished, for informa- tion as to the future custody of the Government Securities and cash pertaining to the Agency Fund, he received a reply from the Secretary and Treasurer of the Bank of Bengal, enclosing a Power of Attorney, afterwards executed by the Secretary of the Govern- ment of Bengal and the Agent Governor-General, authorizini/ linn (the Secretary and Treasurer) to realise the Interest on the Govern- ment Securities, amounting to Rupees 18,39,100, made over to him by the Government Agent on account of the Agency (Nizamut) Fund. And a letter from the Government of Bengal, No. 2,675, dated 30th May, 1857, ordered the consolidation of all such securities and directed that " the interest on these papers may be invested " from time to time, as it accrues, in the open Government Loan " of the day .-" thus the numbers and amounts of the Papers were altered. In the Sub-Treasurer's letter to the Government of Bengal, No. 680, dated 19th November, 1860, the following return is given of the Agency Fund : Assets in Cash on this date, 19th November, 1860, Company's Kupees, 33,969-1-2 In Government Promissory Notes. 1 Note of 1824-25 Sa. Es. 1,000 2 1828-29 13,300 3 1832-33 7,35,000 Sa. Es. 7,49,300 Cos. Es. 7,99,253-5-4 1 Note of 1835-36 Cos. Es. 1,58,500 1 1842-43 7,88,100 1 1854-55 1,00,900 2 1856-57 92,990 3 1859-60 64,800 12,05,200-0-0 Total ., 20,38,422-6-6 At the beginning of 1862, this Fund must have amounted to over twenty-one lacs of Eupees, and at the end of 1868 to over twenty-four lacs, yielding an interest of at least 10,000 Eupees per mensem, which is far beyond the requirements of the Agency, for the support of which this Fund was established. By this new arrangement, as before observed, the funds set apart for relieving the Nawab from pecuniary difficulties 73 were diverted for the support of an official with a large salary, Sicca Rupees 40,000 (,4312-10) per annum, (Page 68), whose duty it would be to wait upon the Nawab, and watch over the interests of the Nizamut, thus relieving the Governor-General from a duty and responsibility which was by courtesy incumbent on him ; this official was, therefore, designated the Agent Governor- General. The Fund from which the Agent Governor-General was paid was styled the Agency Fund, and amounted in 1817, at the time of its formation, to over seven lacs of Eupees (,70,000) (See Para. 5 of Letter, Page 62), besides other monies, of which no proper account was rendered, and this Fund invested in Government Securities, con- tinues to exist up to the present day. At the beginning of 1860 the Sub-Treasurer to the Government of Bengal rendered an account (Page 72) which shows that the Agency Fund had then increased to Us. 20,38,422,6-6 (203,842), the interest on which at 5 per cent, must have then yielded ,10,192 per annum, a sum amounting to more than four times the present salary of the Agent ; besides its accumulations since 1860 ought to be consider- able, and, together with other surplus money, should, in honor and justice, be accounted for to the Nawab, accord- ing to the terms on which the Fund was originally formed (see Page 70), when His Highness's great-uncle protested against it, until he received the following assurance from the Governor-General : " The money forming this Fund thus obtained, amounting to seven lacs of Rupees, is considered and recognized as the inalienable property of Your High- ness's family, over and above the sixteen lacs of Rupees per 74 annum assigned for its support." Mr. Monckton also assured that Prince (Page 70) " that the Company's Papers, which were purchased with the Funds of the Nizamut, for the declared purpose of defraying the expense of the newly constituted office, would be con- sidered as appertaining to the Nizamut, and not liable under any change of circumstances to be diverted to purposes foreign to the interests of the House of Jaffier All Khan," so it is reasonable to suppose that all surplus should be applied for the benefit of the Nawab and his family. But as money misapplied seldom produces good results, so it is to these Officials that we might trace the many annoyances and difficulties that have been thrown in the way of the Nawabs Nazim since 1817, and brought about the estrangement that now exists between the present Nawab and the Government of India, which, feeling itself bound to follow the representations of its own officers, whether right or wrong, has been led to act on several occasions in the most arbitrary manner, and with cruel injustice towards the descendants and successors of our oldest and most faithful ally in Eastern India. It is to the clearing up of these and other differences that we wish to draw public inquiry, and as we desire only to do justice, we can but lay the several questions open for discussion, so that right-thinking men may have an opportunity of deciding whether the acts of the Government of India have conduced to impress the Princes of that country with the idea that we are a just and honorable Nation, and always support the cause of rigid against might, as expressed in Her Most Gracious 75 Majesty's Proclamation of 1858 to the Princes, Chiefs, and People of India, which we will introduce as our subject is continued. When Nawab Zyn-oo-deen (or Ali Jah) died with- out legitimate male issue, his brother, Nawab Wallah Jah, succeeded to the hereditary rights, honours, dignity, and privileges of the Nizamut or Soubahdarry, under the style and title of Boorhan ul-Moolk, Ehtisham-ood-Dow- lah, Wallah Jah, Syud Ahmud Ali Khan Bahadur, Ma- habut Jung, and received the following assurance of good faith and friendship from the Marquis of Hastings : From the MARQUIS OF HASTINGS to NAWAB SYUD AHMAD An KHAN BAHADOOR, Nawab Nazim of Bengal, Behar, and Orissa, dated 10th August, 1821. On the receipt of the mournful intelligence of the demise of the late NAWAB ZYNOODEEN ALI KHAN BAHADOOE, the elder brother of that friend, no time was lost in transmitting a letter of condolence express- ing the grief and regret of this person, on the sad and important occasion. This person in council has now resolved to seat that friend, the dear brother of the deceased Nawab of Pious memory, on the Musnud of the Soobahadaree of the Soobahs of BENGAL, BEHAE, and OEISSA. In- structions have been accordingly issued to Mr. Francis Russell to repair to the Court where that friend presides, and on the part of this Govern- ment to invest Your Highness with the Soubahdaree of the three Soobahs aforesaid, and in concert with that friend, to fix a day for the ceremony, and to determine the style and title, and to report to this person. The fixed allowances and other mutually established points, will continue and endure as approved and sanctioned by the Home authorities in the life-time of the late Nawab ; namely, sixteen Lacs of Rupees annually, according to mode and arrangement settled, and that friend, in unison with the members of this Government, may consider pro- per for the distribution of the pensions, and each Sirkar may deem right with advertance to the position and circumstances of the connec- tions and dependents of the Nizamut, will be as usual remitted in monthly issues to that friend. And be assured, that the Government will to the utmost of its power afford its friendly counsel and aid in promoting the honour and dignity, ease, comfort, happiness and welfare of that good friend, personally, and of all members of this family. And that friend may be assured that the friendship and goodwill evinced by the Government for the late Nawab, without difference, be joyfully and cheerfully continued to Himself. And that the honours and 76 distinctions due to the exalted rank of Your Highness' family, whose credit, consequence, dignity, and splendour are now combined in that friend, will be always paid and faithfully observed. (Signed) HASTINGS. It was during the Soubahship of this Prince that the most iniquitous measures were introduced by the officers of the Government of India for depriving the Nawabs of much pecuniary support to which they were by right entitled. It was proposed that certain funds should be established out of the Nizamut Stipend, and be placed under the immediate control of the Government, which could apply them as it wished, or if it thought proper, absorb them altogether, and thus bring down the social position of the Nawabs Nazim by accomplishing the ruin of the family. The following correspondence will give an idea of the coercive measures adopted for carrying out the views of the Government whereby two new Funds (Hunnee Begum's and Deposit Fund) were formed, which were afterwards iii 1836 amalgamated, and have since that time swallowed up all the available resources of the Nawabs Naziin, of which the Government has taken the absolute control in direct opposition to the terms upon which the Trusts were formed. The object of these Funds (apart from any desire on the part of the Company to reduce the social status of the Nawabs) was to make up the deficiency caused by the misappropriation of the sums before set apart, for meeting the extraordinary lia- bilities of the Nizarnut incurred by the reduction of the Annuity, and also for the expenses of new build- ings, &c v when (the same) Mr. Monckton suggested that those sums should be absorbed as an Agency Fund to meet the establishment of the office of Agent Governor- General, which post lie himself was the first to enjoy. Such is the way in which officials in India have misled the Government and done injustice to both Princes and People, and to this source may in a great measure be attributed the several insurrections that have taken place in that country. Mr. Monckton, who was deputed to Moorshedabad for the special purpose of reporting on the affairs of the Nizamut, in his report submitted a suggestion for the appropriation of accumulations from the Nizaumt Fund as follows : " The unappropriated portion of the Nizamut Fund assets will ' accumulate at the rate of Sicca Rupees 15,114 per mensem, or ' 1,81)368 Rs per annum. It appears to me extremely desirable, that ' advantage should be taken of the present condition of the Nizamut, ' to employ these large accumulating resources, as far as practicable, ' in the construction of a suitable palace for the Nazim, in the erec- tion of proper offices and store rooms, the rebuilding of the public ' gateways, in the completion of the Emambarrah. in the construction ' of pucka drains within the precincts of the Killah, in the removal ' of the decayed buildings, and in the application of the materials for ' the purpose of strengthening the bank in front of the Palace yard ' and other places appertaining to the Killah. The works, of course, ' must be undertaken in succession as the Funds become available for ' prosecuting them, with regularity, to a completion." The orders of Government on Mr. Monckton's proposi- tion are contained in the following extract from a letter addressed to the Acting Agent : " After providing for all the objects above described, and after re- ' serving 120,000 Rupees for re-building the late Munnee Begum's ' apartments, and the construction of a house for the Nawab's brother ' the unappropriated assets, it was expected, wonld amount to 50,000 ' Rupees at the end of December, and continue to accumulate at the ' rate of 15,114 Rupees per mensem, or 181,368 Rupees per annum. " The objects for which these Funds are intended to provide, are ' stated, generally, in the concluding paragraph of Mr. Monckton's ' letter of the 30th December. 78 " The Vice President in Council, however, adverting to the small " amount of the funds which are, at present available for the prosecu- " tion of those objects, deems it advisable to suspend the adoption of " measures for commencing any other works, than those already au- " thorized, until, by a further reservation of the sources of accumula- " lation, they shall have increased to the extent necessary for prose- " cuting them regularly and without interruption." On the Proceedings noted above, is a letter from the Agent at Moorshedabad, dated 31st December, 1822, pro- posing the grant of an allowance to the favourite wife of the Nazim and to other relations from lapsed stipends of Munnee Begum, and showing the flourishing state of the Nizamut Finances. " The Nizamut accounts for 1226, 27, and 28 having been laid before " Government, the Nizamut's cash transactions with Nawab Shum- " shere Jung being adjusted as to the principal sums, the bonds, &c., " having been delivered up, and a general account given, though a " detailed one is required, and is now in progress, and Ameeroonnissa " Begum put in possession of the Deories, my attention was directed to the internal arrangement of the Nizamut, together with the pro- bable claim on the Deposit Fund, and I have now the honour to ' submit the result of my inquiries relative to the situation of His ' Highness' family, as also such measures as appear, most likely, to ' prompt the continuance of the present flourishing state of the ' finances. " With regard to the Funds from whence these several pensions are to be derived, I beg to suggest, that, there which will be an excess ' on the present expenditure (for those to the wife and son of the ' present Nazim are but reversion) being paid from the stipend of the ' Munnee Begum, by which means they will not touch upon such ' parts of the Deposit Fund which His Lordship in Council may please ' to appropriate to the building of the new Palace, &c. &c., and still a ' large annual accumulation to the Fund will be effected, leaving an " annual saving of Rupees 1,02,600 applicable to such purposes as " Government may deem most expedient" The following extract is taken from the letter addressed by the Governor-General to the Nawab Nazim, proposing to His Highness the investment in Government Securities of these and other accumulations in the Collector's Treasury for the benefit of the family : " Yon must be aware, that this Government has been constantly ' anxious to promote the welfare and splendour of your family, witli ' due advertence to the claims of its numerous connexions and depen- dents, and that several measures have, at different times, been instituted to effect this salutary object. Thus, in 1802, a Committee ' was appointed of several gentlemen lor the purpose of examining the ' various heads of expenditure and introducing economical reforms in " the Nizamut. The arrangements suggested by that Committee were " carried into execution with the approbation as well of His Highness " the Nawab Babur Jung, then Nazim, as the British Government. " They comprehended a revision and fresh settlement of each Serishtah " of the Establishment and of the allowances to be drawn by all the " dependents. The settlement introduced on that occasion has con- " tinned to this day. Again, after the death of the Munnee Begum, " Mr. J. Monckton was deputed to Moorshedabad to settle some " important matters, and he continued there some time. At his sug- " gestion, the lapsed stipends of the Munnee Begum, with some items " of the same kind, were set apart to accumulate, so as to form a Fund " applicable to the building of a suitable Palace for the Nazi.n, and to "furnish marriage portions for the females of the family besides other " assistance to the different members of the Nizamut. This arrange- " ment continued till the lamented death of your late brother, Syud " Zynoodeen, in the year 1821. " It appears that a portion of the savings and lapsed stipends, which " have been appropriated for the exigencies of the Nizamut Tuhbeels, " accumulate in the Nizamut after the entire monthly allowances are " drawn from the Collector's Treasury, but the stipends of the late " Munnee Begum, amounting to 12,000 Rupees per mensem, remain " in deposit with the Collector, and has been accumulating there for " some years. " The accounts transmitted by the late Agent show, that the entire " amount of the appropriations of this description was, in 1226, two " lakhs and eighty thousand ; in 1820, about two lakhs and eighty ; and ' that in 1228, amounted to no less than three lakhs of Rupees per '' annum, and, had the whole been properly kept inviolate, that sum " should have been forthcoming for the year. " With regard, however, to the future accumulation on " account of the Deposit Fund, I propose that they should be " kept wholly in the Collector's Treasury, and invested in '' Securities of the British Government as the funds may " accrue, and the present amount, which approaches to near " three laJchs of Rupees per annum, seems unnecessarily " large, on which account, should you agree to allow the ac- " cumulation to proceed in the Collector's Treasury, I pro- " pose to limit the amount to two laJchs, leaving you the " remainder to meet the expense of the daughters of His late " Highness and others which have been recently recommended " by you, and all other cJutrges heretofore allowed from the 80 " Fund, but with full liberty to appropriate any excess to " purposes connected with the splendour and credit of your " exalted station." The following is a copy of the instructions issued to the Accountant-General : " I am directed by the Honorable the Governor- General in Council ' to transmit the enclosed extract from instructions this day addressed ' to the Governor-General's Agent at Moorshedabad, from which yon ' will perceive that it IA the intention of Government to invest inime- ' diately in Company's Paper the sum oj six lakhs of Rupees of the ' amount accumulated in the Treasury of the Collector of Moorsheda- ' bad on account of the stipend of the late Munnte Begum. " You will be pleased to issue the requisite instructions on the " subject to the Collector, and desire that he will hereafter keep the " account of the deposit and of all further accumulations of the i>ame " stipend, entirely distinct from other deposits made occasionally in his " Treasury on account of Members of the Nizamut under temporary " arrangements of various kinds. '' Eventually, the Fund above alluded to will be increased, when '' due intimation will, of course, be furnished to yourself and to the " Collector. " Instructions will be sent to the Government Agents at Calcutta to " receive the amount to be transmitted from Moorshedabad, and to " invest it in Government Securities." The following is a copy of the instructions to the Government Agent above alluded to : " Government having determined t o invest in Public Securities the " sum of six lakhs of Rupees, now lying in deposit in the Treasury of " the Collector of Moorshedabad on account of the Nizamut, I am " directed to instruct you to receive the sum when remitted to Calcutta "by that Officer, and to purchase such Securities as you may deem " most advantageous. The propriety of making the purchases with " as little delay as possible need not be pointed out to you. " The interest that may accumulate is to be re-invested as received, " and the Paper is to be at the disposal of Government, as it may be " required for purposes connected with the Nizamut. The order for " this purpose will be communicated from this department." No further orders appear on record on the subject of this Fund. The accumulations from the lapsed stipends of Munnee Begum from the year 1823, when the six lakhs 81 were ordered to be invested in Government Securities, were as proposed by Mr. Monckton, held in reserve for making the new Palace, the Imambarrah, and ether buildings of the Nizamut. These buildings have now been completed, and the cost of their construction is said to have exceeded sixteen lacs of Rupees ! On the subject of future investment of the accumula- tions from the lapsed stipends of the late Munnee Begum, and the re-investment of the interest accruing upon all sums so invested in Government Securities for the Nizamut, the intentions of Government appear sufficiently clear from the extracts given above, particularly the one from the letter to the Accountant-General. The following is an extract from the instructions issued to the Agent in reply, date 28th February, 1823, regarding the formation of both Funds : From H. T. PRJNSEP, ESQ., Persian Secretary to Government, to the AGENT GOVERNOR-GENERAL, Moor- shedabad. Fort William, 28th February, 1823. 22. It remains to notice the proposition contained in the 5th Para- graph of Mr. Rickett's letter of the 19th Dec., viz., that certain charges incurred by His late Highness amounting in the aggregate to 80,138 should similarly be defrayed from the Deposit Fund. 23. Upon examining the items it appears to the Governor -General in Council that they are all of a personal nature that must have been actually defrayed before the accession of His present Highness. None of them remain as debts now due by the Nizamut, and as none of them are entered in the Nizamut accounts the reason is apparent, viz., that His late Highness conceived them to be of that description of charges to be paid by himself, personally, either from his allowance under the head of privy purse, or from the wealth that had come to him by inheritance. 24. It seems to the Governor- General in Council that Government might with equal propriety be called upon to replace every item ex- pended by His late Highness from his privy purse allowance, and to make over the accumulation of that allowance untouched as a sacred inheritance of the Nizamut, as to sanction the particular charges G 82 claimed in this instance. Had debt been incurred to meet them, and had the Nizamut been made over to His present Highness with an empty Treasury, in consequence, or otherwise embarrassed by the extravagance of his predecessor, this claim to relief from the Fund provided for such exigencies might have been deserving of considera- tion ; but in the present instance His Highness succeeded to an accu- mulated treasure, from which his predecessor might have appropriated as many lacs as the statement shows him to have done tens of thou- sands ; and Government would neither have felt itself interested in the expenditure, nor called upon to replace the amount. You will be pleased to take an opportunity of explaining to His Highness the light in which these charges have been regarded by Government. 25. You will have gathered from the above observations and orders that the Governor-General in Council is not disposed to grant the lac of Eupees solicited for the Nizamut in the sixth Paragraph of Mr. Rickett's letter above alluded to for the purpose of enabling His High- ness to renew his establishments. The plan of reserving this Fund tvas adopted with a view to place in the hands of Government a means of relieving any exigencies in which the family might be involved, as well as of portioning the daughters, and providing buildings or other operations of the kind, involving a present sacrifice of capital. 26. If the Nizamut were destitute of other resources, the claim to assistance for an outlay of the k ; nd now suggested might be admiss- able ; but while it enjoys the ad antage of inheriting the wealth of its dependents and thus becomes enriched from means in which other branches of the family are debarred from participating, it seems just that the aid of the Fund shall rather be extended to assist those who have otherwise nothing besides their monthly stipend to look to. This principle it will be right to explain to Sift Highness in order that he may not consider the refusal as an ungracious act dictated by a desire to avoid contributing to the restoration of the splendour of the Court of Moorshedabad than which nothing can be further from the intention of Government. 27. It may at the same time be hinted that the wealth inherited by His Highness from his brother could not possibly be better bestowed than in restoring the equipages and other establishments of the Niza- mut to creditable state. Considering the amount already known by Government to have come into His Highness' hands, it is, in the judgment of the Governor-General in Council, quite impossible that the whole should have been expended, and could he suppose this to be the case, the circumstance would lead to his witholding from His Highness that confidence in his discretion and prudence which alone would justify an advance of the kind solicited in the present instance. 28. It is to be remembered, moreover, that His Highness has very recently come into possession of the wealth of the late Valiida Begum and though the Debt due to the Nizamut by the Seits may not, perhaps, have been actually recovered, there can, it is presumed, be 110 doubt of its ultimate realization. 29. The above instructions leave the accumulations of the Munnee Beffum's stipend in the Treasury of the Collector entirely untouched, the whole will consequently be open to be appropriated in the manner Government may deem most equitable and proper for the benefit of the Nizamut. 83 30. At the close of 1225 this fund is stated to have amounted to Es. 3,17,573, but in this sundry deposits are included on account of the pension of Khulee Coollah and the like, wliicli cannot be considered as part of the Fund. The accumulatiou of the Munnee Begum's stipend alone after that date seems to hare been Es. 3,14,500, add to that amount the accumulation during the three years 1226, 27 28, and there is a fund of Es. 7,46,503 actually forthcoming in the Collector's Treasury. It remains to determine the mode of appro- priating this sum. 31. You are, of course, aware that Government are in a manner pledged to provide a suitable Palace for His Highness, and that a large portion of the above sum will be required for this purpose. As the advances of the building will, however, require to be made gradually, and the same fund will go on accumulating as heretofore, it cannot be necessary to reserve the large floating balance suggested in the 8th Paragraph of Mr. Eicketts' letter; but of the seven lacs and a half , six lacs may safely be invested in Public Securities for the benefit of the Nizamut, the Governor-General in Council accordingly desires that that amount may be forthwith remitted to the Government Agents at the Presidency for the purpose of being invested to the best advan- tage. The requisite instructions will be sent to the Collector and other officers of the Territorial Department, and the paper will be held in deposit in the same manner as that provided for the payment of the expense of the establishment of your office. 32. It remains now to point out to you that the views of Govern- ment for the future regulation of the control to be exercised by you over the expenses of the Nizamut, and the footing on which it is pro- posed to place His Highness in this respect. 33. Nothing can be more vexatious and unsatisfactory than the pre- sent system under which His Highness is compelled to furnish Annual Accounts for Government to audit. The system owed its origin to the embarrassed state of the Nizamut, and to the desire of Government to lend the uieight of its authority to enforce certain economical reforms deemed at the time necessary for its relief. Now, however, that the same motive does not exist for interference, it seems to the Governor- General in Council that it would be very desirable to withdraw from any minute supervision, and to confine the Agent's duty' to that of ascertaining that every Member of the Family receives his due. It might, perhaps, be sufficient for this purpose that the Agent should be ready to receive and inquire into all complaints, under a declaration to His Highness, that in case the payment of any one's stipend should be delayed, or of any legitimate demand being witheld, the Govern- ment would separate the allowance, or a fair equivalent for it, if not a money allowance, and pay it from the Public Treasury direct. It seems, however, desirable that your office should possess the means of settling the dues of all the Members of the Nizamut in case of dispute, and therefore a registrar of the present distribution of the several heads of charge should be formed as expeditiously as possible, with a due regard to correctness. The preparation of this record is stated to be already in progress, and in case of any difficulty in procuring the information required to form it from the officers of the Nazim, the Governor-General in Council is aware of no objection to your calling on the parties in each instance to state their respective rights. G 2 84 34. Upon the formation of the register in question, the Governor- General in Council is of opinion that the requisition of 'Annual Accounts, in detail, may be wholly discontinued, and an arrangement being made for the adjustment and witliolding of the amount appropriated to the Deposit Fnnd, that the remainder may safely be delivered to His Highness to be disbursed according to his pleasure under the responsi- bility above described. It will then suffice to require His Highness to deliver in a statement of the gross expenditure arranged under the general heads according to the register, as an assurance that the ap- propriation has been made according to it, or is reserved for the pur- pose, but without exhibiting any detail. This will be of use to pre- vent the matter from falling wholly out of view, and will further enable Government to remove the requisition of more exact accounts, should circumstances render it expedient to do so. 35. It is by no means the desire of Government to increase indefinitely the appropriations for the benefit of, the Deposit Fund. Their net amounts seems at present to exceed two lacs of Rupees after allowing for all the augmentations and appropriations sanctioned. This is one eighth of the entire Nizamut Stipend, and the Governor-General in Council would not wish to make it larger. At the same time he con- ceives it will be unadvisable ever to reduce the Fund below one lac and a half, or at any rate to trench on the amount of the Munnee Begum's Stipend Rs. 1,44,000 which has for so long a time been set apart for the purpose. 36. Mr. Ricketts, in his letter dated the 31st December, proposes to make the following permanent allowances out of the existing Fund. Per mensem. Per annum. To His Highness' son ... Ks. 1500 Rs. 18,000 To his mother, the Begum . . . 2300 27,600 To His late Highness' three daughters, twenty-five of each . . . . 750 9,000 To seven concubines of His late Highness . 700 8,400 Es. 5,250 Rs. 63,000 27,600 Rs. 35,400 37. Of these the only one deserving special notice is that proposed for the Begum of His present Highness. It is quite unusual to make any public provision for the wife of the reigning Nasim, and though this was done in the case of the Doolhin Begum as a special indulgence to His late Highness, the Governor- General thinks, nevertheless, that the point cannot be conceded in the present instance without establishing a very inconvenient precedent, His Highness will be free to make any appro- priation in the Begum's favour that he may desire, and it will be better that she should feel indebted to His Highness' bounty, and sub- ject to his pleasure in regard to her provision, rather than that it should be guaranteed to her independently of his will. 38. Deducting this stipend, therefore, the proposed annual appro- 85 priations will stand at Es. 35,400, which the Governor- General iu Council has no hesitation in sanctioning. 39. It remains to ascertain the actual amount that will remain dis- posable. In this, however, there is a difficulty from the want of any distinct report on the subject of the late Valida Begum and her es- tablishments. Putting wholly out of this question any advantage to the fund that may eventually arise from the promotion of Ameeroonissa Begum to that dignity, it would seem from the accounts of 1228 that there exists a fund of Es. 2,57,713, which by the addition of the stipend enjoyed by His Highness as presumptive heir, becomes Es. 2,75,713. This again being charged with the payment of the Manned Begum's establishment (Es. 25074) and with succeeding authorised augmentation (9830) is reduced to Es. 2,40,809 from which amount the stipends above authorized being deducted, the available Fund will stand at Es. 2,05,409. 40. In consideration of the British Government withdrawing from the interference now exercised in auditing the accounts of His High- ness, the Governor- General in Council thinks it u)ill be necessary and not too much to expect that His Highness should consent to allow the above entire sum of Es. 2,05,409, or say two lacs of Rupees to accu- mulate in the Collector's Treasury. 41. The British Government will in that case undertake the pay- ment in future from that fund of all charges for new buildings or other expenses legitimately claimable from it and further will relin- quish all desire to increase the fund, pledging itself on the lapse of any future stipend, to consider the suggestions of His Highness as to its allotment, and except under special circumstances which may demand a different appropriation to assign the whole for the benefit of the family and its dependents. 42. You will be pleased to take an early opportunity of ascertaining the sentiments of His Highness on the subject of the above proposition. Should the plan be adopted, His Highness will no longer have any interest in witholding information of the decease of any stipendiary from the fear that the occasion will be taken to effect a saving in tlie distribution of his allowances, his patronage and influence amongst the members of the Nizamut will be strengthened by the knowledge that his recommendations in behalf of individuals will be sure of due atten- tion. On the other hand, a security will be given to the fund which it did not possess while the accumulation of a large proportion of it was allowed to be made in the Nizamut Treasury, and the confinement of the control of the Agent to the investigation of complaints for the non-payment of atithorized stipends or other advantages, will remove the chief motive of difference between that officer and the Nazim. The arrangement will thus promote a better understanding between them, besides saving an infinity of trouble to all parties. 43. You will be pleased to submit your own sentiments on the above propositions along with those of His Highness. 44. It only remains to notice a few suggestions of inferior import- ance. In the eleventh paragraph of Mr. Eicketts' letter, dated 31st December, it is proposed to pay to the Bhow Begum from the Deposit Fund 10,000 rupees in part of the accumulated arrears of an allow- ance (if 300 rupees for Meer Samaiieo's expenses, which it is said was never paid. 86 45. On this point, the Governor-General in Council remarks that the Bhow Begum, if she did not receive the advantage provided for her either in the money allowance or in some other shape, was at liberty to have applied to the Governor-General's agent, who would, of course, have taken measnres in the lifetime of His late Highness to enforce the provision made in her favour. If she has neglected to do so for so many years, that circumstance will give her no claim on the Deposit Fund ; but, on the other hand, if she can show that the allowance has been actually accumulating in the Nizamut Treasury, Government will be prepared to enforce its restoration. 46. With respect to the suggestion contained in the 12th and following paragrahs of Mr. Bickett's letter above alluded to the Governor-General in Council is of opinion that it will be the most advantageous plan in every respect to maintain the existing arrangements under which Mir Ghalib Ah' Khan is vested with the charge of the Treasuries of the Nizamut and Raie Gunga Dhar controls the offices of Accountant as Naib Dewan. In confirmation of these appointments, you will be pleased to confer Khilluts on both the above individuals, and charge the same in your Contingent Bill. 47. The Governor-General in Council does not think that the pro- position of Mir Ghalib Ali to the permanent situation of Dewan should be encouraged ; on the contrary, in conferring the Killuts above sanctioned, it may be advisable to be careful that both are of precisely the same degree. 48. With respect to the matter stated in the 15th paragraph of Mr. Rickett's letter, the Governor-General in Council conceives it by no means improbable that the opposition and jealousies excited by the elevation of Ameeroonissa Begum may be fomented under hand by the party heretofore so decidedly opposed to her. He trusts they will dis- appear when parties are convinced of the inefficiency of such intrigues to affect the determination of Government. It will, of course, be your duty to avoid encouraging the existing disunion by too readily listening to the disparaging communications regarding each other, which will be eagerly obtruded on your attention. 49. The Eeport promised by Mr. Ricketts on the arrangement of the Decrees consequent on the promotion of Ameeroonissa, will, of course, be anxiously expected. 50. It is the intention of the Governor-General to address a letter direct to His Highness on the subject of the arrangements proposed above This will be prepared and forwarded to you for delivery in the course of a few days. In the meantime, you will have the opportunity of making yourself fully master of the intentions of Government, and it has hence not been thought necessary to delay the dispatch of this letter until the preparation of the Documents, &c. It will, of course, be proper to delay any direct communication with His Highness on the subject until its arrival. I have, &c., (Signed) H. T. PEINSEP, Persian Secretary to Government. Fort William, 28th January, 1823. From the above letter (Para. 28, 29, and 30), it will be observed that after the establishment of the Agency Fund in 1817 (Page 60), the allowance of Her Highness Munnee Begum (14,400 per annum) had been allowed to accumulate in the Collector's Treasury without a fraction of the Nizamut debts having been paid there- from, as originally intended the amount immediately available was found to be Eupees 7,46,503 (=74,650), and of this amount <14,650 was set apart for building a new palace for His Highness, and the remainder, <60,000, was invested in Government securities, bearing interest for the benefit of the Nizamut. This fund was called Munnee Begum's Fund, and ought to have been accounted for with interest to His Highness the Nawab or his heirs-at-law, as well as all lapsed stipends which by the terms of Paras. 26, 30 and 41 of the above letter belonged to His Highness, but were never paid to him. It may be noticed from Paras. 33 and 34 that after all the trouble and expense attendant on the appoint- ment of the officer known as Agent Governor- General, for the purpose of adjusting the Nizamut accounts, those accounts appeared to be in still greater confusion than before, and accordingly, instead of economizing by abolishing the office of Agent, it was proposed by the Governor- General that a new plan of retrenchment should be adopted by which, instead of paying Munnee Begum's allowance of <14,400 into the Collector's Treasury at Moor- shedabad, and allowing it to accumulate there for the benefit of the family ; that amount should be retained by the Government, and absorbed as a sinking fund and in 88 addition (Paras. 36, 37, 38, 39, and 40) it may be observed that further sums which before had been entirely at His Highness's disposal, were also set apart by the Government for the purpose of bringing up the amount to two lacs of Rupees (^820,000) per annum, which the Governor General suggested should be allowed by the Nawab to accumulate in the Collector's Treasury " in consideration of the British Government withdrawing from the interference exercised in auditing the accounts of His Highness" (Para. 41) the British Government undertook " the payment in future from that fund of all charges for new buildings or other expenses legitimately claimable from it" and further agreed " to relinquish all desire to increase the fund, pledging itself on the lapse of any future stipend to consider the suggestions of His Highness as to its allot- ment, and except under special circumstances, which might demand a different appropriation, to assign the whole for the benefit of the family and its dependents ;" how far this pledge has been acted up to, will appear hereafter. This Fund, which like the others, was established by coercion (see Correspondence, Pages 56, 79, 82), was considered as " the Sacred Inheritance of the Nizamut Family," and styled the- Deposit Fund. Its accumulations of =20,000 per annum from the time of its formation in 1823 must have rapidly amounted to a vast sum, for which the British Government as Trustees were res- ponsible, and perhaps it was this fact that led the Governor-General, Lord Dalhousie, in 1854, to arbitrarily declare that " no more of the Capital of the Deposit Fund should be invested, but that thenceforward it should be con- sidered a mere book debt bearing no interest,'" with a view 89 of reducing the liability of the Indian Government, which, having taken upon itself the entire control of the Fund, was responsible to the Nawab for all accumulations by interest or otherwise, " over and above the two lacs of rupees (=20,000) per annum," set apart for its purposes : for it was distinctly stated by the Governor-General, when the fund was formed, that His Highness would be at "full liberty to appropriate any excess (over and above " two lacs of rupees per annum) to piirposes connected "with the splendor and credit of His Exalted Station." (Page 80.) No further pecuniary advantage was taken of the Nizamut by the Company during the lifetime of Nawab Wallah Jah, but after his death the work of spoliation was again proceeded with, and all the sacred pledges given to him were set aside without regard to the result the ultimate ruin of the Nawabs Nazim and their families. On the death of Nawab Wallah Jah, his son, Nawab Humayoon Jah (the father of the present Nawab) ascended the musnud, as the Nazim and Soubahdar of the three Provinces, under the style and title of Shoojah- ul-Moolk, Ihtisham-ood-Dowlah, Humayoon Jah, Syud Mobaruck Ali Khan Bahadur, Feroze Jung, and received the following assurances of devoted attachment and friendship from the several Governors-General who conducted the Government of the Provinces during his reign of thirteen years : From LORD AMHEEST to NAWAB SYUD MOBABUCK ALI KHAN BEHADOOB FEBOZE JUNO, NAWAB NAZIM of Bengal, Behar, and Orissa, dated 14th January, 1825. " Truly, ou the receiving of the joyful intelligence of the happy " installation of Your Highness on the Chahar-balish (throne) of 90 " ancestral authority, the budding of joy of this friend so bloomed " with delight, that to describe one of its thousand blossoms or to " dress a single rose from the bough in just array, is beyond the " flowers of rhetoric. " May HE who is high and holy consecrate and prosper this aus- " picious event, so happily commenced, and completed to the credit ** and honour of Your Highness, and the dependents of Your exalted " family, and long preserve You in health and felicity. " Your Highness may be assured that the regular fixed allowances, " and other mutually settled points will remain, and continue as ap- " proved and sanctioned by the Home Authorities in the time of the *' late NAWAB SYUD AHHUD ALI KHAN BEHADOOE, that good friend's " noble father : namely, Sixteen Laks of Rupees per annum, in " reference to the regulation and arrangement which have been fixed, " and Your Highnesf may in future consider proper to concert t>-//h " the Members of this Government for the distribution of the pensions " according to the judgment of both Sircars, suitable to the condition " of the dependents of the Nizamut, will be issued as usual in monthly " portions, to that friend. " And every mark of friendship and regard shewn by this Govern- " ment to the late Nawab will, without difference, be cheerfully and "joyfully continued to Your Highness, and the respect due to the " rank, and the honours, and distinctions appropriate to the high and nisxinnarTc< upon the judgment of the Sudiler Nitamut, in the case of Government t>. Aman Ali Khan, K 2 132 and others. I am induced to do so, as / consider that the parties released, were all committed to the Sessions on a charge which has been fully proved against every one of them (I allude to the charge of privity), by the evidence relied 011 by the Judges, by evidence, allowed in its full force as it stands, and by the facts of the case as allowed by all. 2. The evidence against Ainan Ah Khan is somewhat different from that against the other released dependents, and his case I would con- sider separately. I propose, in the first place, to offer a few remarks upon the reasons assigned by the Judges for the rejection of all the evidence adduced for the prosecution, which speaks of the active perpe- tration of any of the released persons in the torture of the deceased. In the next place, I would consider how (irrespective of this rejected evidence) the charge of privity is fully proved against all the inmates of the eunuchs' tent ; and lastly, how the same charge is fully proved against Aman Ali Khan. 3. First I would draw attention to the reasons assigned by the Judges for the rejection of four of the witnesses for the prosecution in these remarks and, indeed, in all the remarks which, I may consider it my duty to make on this case. I trust it will not appear that they are offered in the spirit of a disappointed advocate, but of one, who entrusted with the conduct of the case, only after the committal of the accused to the Sessions (and, therefore, in no way responsible for the evidence offered in support of the charges) , has really some good resources to assign for his belief, that some of the guilty parties have escaped the punishment due to the crime proved against them. 4. Four witnesses have been rejected in loto, Hossainee, Denoo, Hurgun, and Rabaruali. The first-named, was the servant of the person whose box was said to have been stolen, and in whose charge it then was, so that, as stated by the Court, he is the party upon whom su.tpicion would naturally fall ; but it is to be observed, that it does not appear, that suspicion did at any time attach itself to this man up to the very day of his giving evidence, he continued in the service of his former master, and it is to be observed, in the next place, that the torture of the deceased took place at the end of March and beginning of April, and this man's evidence was taken not until the beginning of May, and then, no inquiry into any theft was being instituted, so that / do not .tee why he should then be anxious to briny the charge of ill-treating the deceased home to the defendants. I am not certain that I fully under- stand the remarks of the Court relative to this man, but after giving them all the consideration in my power, I refer to the authentical manner in which the argument is put, that the evidence of an approver is to be considered as entitled to more credit than that of an ordinary witness, as the former is under a special obligation to disclose the whole truth. I always thought that every witness was under the obligation of an oath to do so, and should think that an ordinary witness under the obligation of an oath, was more likely to tell the truth than an approver a party to the crime, under the special obligation to tell the truth, on the pain of being placed again in the felon's dock with regard to the improbabilities in thin man'* evidence. I can only say, that 1 am credulous enough to believe them all ; and with regard to the grots contradiction*, the Court do not say, whether the man contradicted himself or other witnesses. Even the learned counsel, for some of the 133 defendants, Mr. Clarke, does not accuse him of the former, and the points on which he contradicts the other witnesses, as given by Mr. Clarke, to which tent the parties accused of the theft were first taken on the return of His Highness from hunting on the day ol the theft, the position in which they were bound, the medicine applied to the wounds, and the manner in which they were conveyed from one halting place to another. In my humble opinion, cnn'ranictionii upon these immediate point x, ntther make fur the truth nf'the material jmints d>pnxed to, particu- larly when it is borne in mind, that his evidence before the Judge was much more detailed than that before the Magistrate, and that his evi- dence upon nearly all the above points was elicited by questions from the Court or the counsel for the prisoner. For instance, when this man said, the men were bound hand and foot, he was called on by the Court to show the position they were in, which he did. However, this person was not a mere " casual observer " as the other three rejected witnesses were, and if his evidence is contradicted by them on minor points, it is entitled to be believed in preference. It no where is asserted, to the best of my knowledge, that the evidence of this man is contradicted by evidence considered trustworthy by the Court. 5. The other three witnesses are rejected, because their evidence is contradicted by other evidence better entitled to credit. This is con- clusive. But I must be allowed to observe, that in their remarks upon the evidence of these men, the Judges have thrown doubts on a point, which was not denied by the accused themselves, viz., the presence of these men in the camp. It would appear that the Judges have over- looked a petition presented to the Magistrate by the defendants, in which they allege that two of the five witnesses I withdrew, were not present in the camp at all, and ask permission to prove they were not there. Now surely had the three witnesses, rejected by the Court, not been there, a similar petition would have been given them before the Magistrate, and as surely, evidence would have been offered by the learned counsel for Aman Ali Khan to show that the very witnesses who deposed to his client " having instigated and participated in the outrage," were not in the camp at all. 6. Another point calling for remark is, that these witnesses being " casual observers," were not likely to be able to depose to particulars after such a lapse of time, but with all deference I would submit that the death of the parties, whom these persons depose to having seen beaten, very shortly after the ill-treatment, being, as allowed by the Judges themselves, " a matter of notoriety ;" and these three witnesses having, according to their own uncontradicted statement, accompanied the camp for more than two months from first to last, it is very probable, nay, I may say certain, that the subject would be frequently discussed, and those things which would not have been remembered, perhaps, by a mere passer-by, became fixed in their memory ; should not the same objection apply to some of the evidence relied on by the Court, especially to that of Hadjee Monnah ? 7. Allowing, however, that the evidence of these four witnesses is unworthy of any or the least credit, and putting it aside altogether, I do maintain, as I said before, that there is evidence sufficient to bring the charge of privity home to all the parties who have been released. I would consider first tlte case made out against the defendants, vjcceptinii Aiti'in AH Khun, 134 8. The charge which I maintain to be fully proved against these persons is thus defined by the Court of Sudder Nizamut, in a Circular, No. 8, dated 7th June, 1857. '' The act which constitutes ' privity ' in this country, corresponds with the misprision of felony in English law, viz., the concealment of a felony which a man knows, but never assented to, or the observing silently the commission of a felony without using any endeavours to apprehend the offender ; it is, therefore, strictly an offence of a negative kind consisting in the concealment of something that ought to be revealed ;" and again, a little lower down. " The one (viz , privity) is in its kind negative, and requires nothing but silent, passive acquiescence in the commission of a felony to constitute it." 9. Now, I submit that to prove a crime of this " negative " nature, circumstantial evidence is the species of evidence most to be relied on ; by circumstantial evidence, I mean direct evidence of certain minor facts, which, if unexplained by any other evidence, proves that it is impossible, but that the parties should have known of the felony. Now the facts of this nature in the present case, as either allowed by ah 1 , or fully proved by evidence considered trustworthy by the Court, are these : In the camp of His Highness, there were three tents, and three only ; these were pitched in a line, in the centre was the tent of the Nawab, on the one side that of Aman Ali Khan, on the other that of the defendants who have been released, and of two of the defendants who have been punished, close outside this tent (" two or four cubits distant," one witness, Mahomed Ameen, calls it), was pitched a pale, in that pale for some days, the deceased were, in it they received medical treatment for their wounds, and in it they died. Their bodies, frightfully lacerated, and "raw all the way down," as the witness, George Shapcott, deposes. Now, with all this array of facts against all the inmates of the tent, and in the absence of any attempt to explain them, the Court have declared them not guilty of privity, or, in other words, it is not proved that these men " con- cealed anything that ought to be revealed." 10. But there is evidence against them. The eunuch, Mahomed Ameen, whose testimony has been considered trustworthy by the Sudder Court, went to the tent of the Meahs on two occasions, when the deceased were being ill-treated on the first day, and the day after. This witness had been out shooting with the Nawab on the morning of the day of the alleged theft, and had returned with the retinue, so that the Meahs were in the eamp at this time, and in the absence of any attempt to prove that they were not in their own tent, it is a fair presumption, that they were there. This witness went there and saw Burra Sahib and Mogul Jan beating the de- ceased, one of whom was bound, and both were in the tent of the Meahs. He does not say he saw any of these latter ; but as I said in my written reply, this man was a most unwilling witness for the prosecution, and had evidently a wish to screen his fellow-eunuchs. He went the next day to the Meahs' tent a second tune ; this tune he did not go inside, but he saw the deceased in the verandah of the tent ; the hands of one of them tied to the tent-pegs. Some of the Meahs at this time were inside, and some were outside the tent, but this man could not remember any of their names ; he could only 136 remember that he saw the Urzbegy Syud Eman Ali and his servant. Now surely, it can hardly be said, that all this beating and binding could take place inside the tent, in the verandah of the tent, and the inmates thereof know nothing about it. But so it has been held by the Sudder Court. Neither the evidence from the acknowledged facts of the case, nor that borne by Mahomed Ameen has been considered sufficient to make out even a primd facie case against these men, for it must be remembered that (with the exception of Afreen) they have only called evidence to character. I repeat, that with all due refer- ence to the Judges of the Sudder Court, every inmate of the Jtfeaks' tent has been proved to be guilty of privity. I say, that to suppose they knew nothing of the torture and subsequent death of the de- ceased, is to suppose something more extraordinary than any incon- sistency apparent in the evidence of the four rejected witnesses. That they concealed whatever they knew from the proper authorities is evident from the whole case. 11. But although I believe these men all to have been guilty of concealing the felony, I think that the ends of justice would have been fully answered by a slight fine, for I consider them to have been completely under the orders of the chief eunuch, Aman Ah Khan. I make this observation on the supposition that privity alone is proved. The Court haying rejected the evidence that proved an active participation. 12. I come now to consider how Aman Ah Khan is affected by the evidence as to the charge of privity, The Court have recorded the following "as regards the charge of privity to the crime, we would remark that there is no direct evidence to the fact of the prisoner, A man Ali Khan, (37) taking any part, or being directly or indirectly concerned, either in the burying of the bodies, or in giving currency to the report of the thieves having died of cholera. The mere possi- bility that the rumour of the death of these men reached the ears of the prisoner (37) , is not in itself sufficient to bring home to him the charge of concealing, or procuring the concealment, of the felony ; to establish such a charge, there need be some proof that, though not consenting^ he was personally cognisant of the crime, and, though able, refrained from preventing it, or neglected to use any endeavour for the apprehension of the offenders, Now, I am quite prepared to allow, that there is no evidence direct or indirect to show that Aman Ali Khan took any part in the burial of the deceased, or in spreading the report of their death from cholera. But surely, the charge of privity may be brought home to him by evidence in other points than these. I maintain there is abundance of proof to show that he was personally cognisant of the ill-treatment of the deceased in fact, he confesses it he allows that on two occasions, he sent persons to forbid it ; as to his neglecting to use any endeavonrs for the appre- hension of the offenders, it is patent on the record that he never did so. It must be borne in mind that this man produced no evidence to explain anything, lie merely produced evidence to character, which evidence has had no share in producing his acquittal, as it is not alluded to in the judgment. It follows, then, that in the opinion of the Court, there is not sufficient evidence direct, indirect, or presump- tive to warrant this man having been put upon his trial. What that evidence is, I will now endeavour to show. 136 13. First, I would call attention to the facts as either allowed or deposed to. This man was the Dewan of the Nawab, he was conse- quently the second in rank in the camp ; he had a tent of his own. on the other side of the Nawab's tent, from that of the Meahs' tent ; they were all pitched in the immediate vicinity of one another, This man had the general superintendence of all matters during this hunt- ing excursion, to him it would appear all matters were referred. At Nowguriah, for instance, when the defendant, Fureed Khan, was about to carry off a driver of one of the game-carte. Shapcott in- terfered, saying, ''You shall do nothing until the Khan Sahib comes." This being an appellation of Aman Ali. Again, when the deceased are being ill-treated on two occasions, the matter is reported to Aman Ali Khan, and he sends orders to the parties to desist. This man every day, from the date of the seizure of the deceased to the day of their death accompanies Sis Highness out shooting, his companions on these occasions being some of the inmates of the eunuchs' tent, added to this, " the notoriety " of the events, for as the Judges say in another part of their judgment, "The notoriety of the events, which form the grounds of this case must have made them known to many who were present with the Nawab's camp." Yet with all this, it is not allowable to presume that Aman Ali Khan knew of the death of the deceased in consequence of the treatment they had re- ceived. I submit, that in the absence of all evidence to explain the above circumstances consistently with his own innocence, there arises a strong natural presumption of Aman Ali's guilt. I maintain that to suppose this person ignorant of the cause of death of the deceased, is to make a supposition inconsistent with the admitted circumstances of the case, / say, that we have direct evidence to show that Aman Ali Khan is guilty of privity. By which I mean, that we have direct evidence of some facts which render it impossible to believe that this man never knew that a felony had been committed. 14. Did the evidence go no further than this ? I should, with all deference, think it " sufficient to convince the minds of all reasonable men beyond all reasonable doubt," but the evidence goes much further. In my opinion, there are two facts which bring the guilt of privity home to the accused, without the least doubt. These fa.t.3 are : 1st. that he knew of the beating on the first and second day, proved by his own admission and by the evidence relied on by the Court. 2nd. That he gave orders to the camel-drivers to go to the Surra Sahib for orders, and his orders were to take one of the deceased to Nowguriah. To take them in order. 15. It appears, as given in the judgment, that the deceased were beaten for several days in succession, between the 31st March, the date of the alleged charge, and the 5th of April, the date of the death of Hingoo. The ill-treatment did not apparently continue for more than three or four days, as it would appear from the evidence of Bhughabun Ghose, the apprentice, that the deceased were under medical treifment, while the encampment was at Allal, in fact, thiy were not heat en after they left Purnnpore. Now the time the encampment wa-i at Puranpare was four days ; and we have the admission of Aman Ali Zhan, that he knew of the beating on the first anil second days. Now siiiip-ise there had been evidence to implicate one of the defendants, as /tar/icivating in 137 the ill-treatment, only on these two occasions, would he have been released by the Court, anil acquitted of all share in the homicide ? Would not the Court have said, in a case of this nature, where the ill-treatment extended over four days, it is impossible to say at what particular time the*e poor urelches met with the injuries that wire actually fatal to life ? It is proved that y>>u ill-treatf ill-tretilmrnt he wax piestnt ; he saw them die, and ordered their burial. When, then, we find persons referred to this man, by name, for directions, when we find one of the deceased immediately given into their charge, is it not a fair presump- tion, in the absence of any explanation, that the person referring these parties to such a man knew what would be the consequence of their going to the Burra Sahib for orders ? As for the assent of Aman Ali Khan to what took place at Nowguriah, the Judges quite misunder- stood me if they thought that I inferred such assent from what was de- posed to by the witnesses whose evidence I am now considering. Assent would have made him an accessory Privity, as defined by the Court, is " the concealing a felony which a man knows, but never assented to." To bring the charge of privity home to Aman Ali Khan, it is not neces- sary that he should be responsible in any way for the ill-usage at Now- guriah ; what I maintain is, that there is every presumption that he knew why the camels were sent to Nowguriah. There would be no weak presumption that he knew it from the very situation that he held in the camp of the Naivab ; to this is added the testimony of the two wit- nesses, that he onlered them to gu to the Burra Sahib jor orders, a man not connected with the Nawab'g household, but the most active in the torture of the deceased, these facts, I submit, induce a strong suspicion of guilt, and where " the accused might, if he were innocent, explain those circumstances consistently with his own innocence, and yet does not offer such explanation, a strong natural presumption arises that he is guilty, and in general when a party has the means of rebutting and explaining the evidence adduced against him, if it tends to the truth, the omission to do so furnishes a forcible inference against him." 18. Surely the facts deposed to by these witnesses do bear me out in the opinion that Aman Ali Khan is seriously implicated thereby. No explanation whatever is offered. None could be offered, I presume, for the efforts of the learned Counsel were mainly directed to throw dis- credit on the testimony, and in that he has been successful ; but, taken as it stands, the Judges say, it is not sufficient to bring the charge of privity, even home to Aman Ali Khan. I hey' cannot draw any con- clusion from it condemnatory of the accused, for he had no motive for ill-using the thieves, and it is in evidence, that he endeavoured to pre- vent their ill-usage. 19. With respect to motives I think that considering the position held by the accused, he may be thought to have been interested in the discovery of the theft said to have taken place in the camp, where he managed everything, and in the immediate vicinity of his own tent, and he certainly knew on two occasions, by his own admission, that the persons accused were ill-treated to make them point out the pro- perty. So that even allowing that he had no personal motive for ill-treating them, it is admitted, that he knew they were ill-treated, and as for his endeavours to prevent their ill-treatment, is it to be believed, that the notoriously powerful Aman Ali Khan, the favorite eunuch and Dewan of the Nawab, could not have put a stop to the 139 ill-usage, had he been really in earnest ? Even had he not been able to do so, there were the police in the very village, whom he might have called to his aid. I do maintain that to allow this man knew of the ill-usage on two occasions, and knew no more, that he told the camel-drivers to go to the Burra Sahib for orders, and did not know what those orders were to be, is to suppose something far more impro- bable than anything deposed to by the rejected witnesses. 20. I would again call attention to the definition of privity, as given above in Para. 8, to prove a crime of this negative nature, the crime of concealing something known Evidence tending to prove such knowledge is, of course, necessary, and if there is no evidence to provu that the person charged confessed his knowledge of the felony, the evidence from facts tending to proee that he must have known it, is of peculiar value. Such evidence, I maintain, we have in this case. The acknowledged facts of this case, independent of direct testimony, do, in my opinion, bring home to Aman Ali Khan, and the other eunuchs, the guilt of privity. For it must be borne in mind that no explanation whatever is offered of anything. Surely in the absence of any explanation or contradiction, enough has been proved to warrant a just and reasonable conclusion against the accused. Surely the evidence is of such a nature as to exclude to a moral certainty, every hypothesis, but that of their guilt of the offence imputed to them. 21. I have now. in conclusion, to express a hope, that / have said nothing in these remarks at all showing a want of respect towards the Judges who have released the accused. Should there be anything at all approaching to disrespect, I can only say, it is unintentional, it is the judgment I attack, not the Judges 22. I trust I may be allowed to express my opinion that the Magistrate, Mr. Cams, in the preparation of this case generally has evinced great care, and he was of essential service to me in the con- duct of it. from his intimate acquaintance with all the circumstances as deposed. I have, &c., E. J. TBEVOB, (True copy) Under-Secretary to the Government of Bengal. PROCEEDINGS before the Sessions-Judge, MR. D. J. MONEY, containing the Speeches of LONGUEVILLE CLARKE, ESQ., Barrister-at-Law, and W. A. MONTRIOU, ESQ., Bar- rister-at-Law, Counsels for the Defence, and the Reply of E. J. TREVOR, ESQ., C.S,, Prosecutor on behalf of the Govern- ment ; together with the Report submitted by the Sessions- Judge, and the Judgment of the Nizamut Adawlut. September 7th, 1853. Mr. Longuevllle Clarke addressed the Court to the following rtl'rct : 140 " I have the honour of appearing before the Court on behalf of five of the thirteen prisoners now under trial. " The names of my clients are Aman Ali Khan, Jowaher Ali Khan, Mussurut Ali Khan, Meah Belial, and Meah Ekbal, and they are arraigned on six counts ; but against the first only there is a seventh count. " The first and second counts charge them all with being principals and accessories to the murder of Hingoo and Muddee. The third charges them with being privy to the crime, but what legal offence this count is intended to describe, my experience is too limited to enable me to determine, for the language is defective, and the object is vague. The fourth count accuses them of torturing and beating, which only amounts to aggravated assault, as it does not allege that death was the result. The fifth count alleges that they were acces- sories to the crime charged in the fourth. To the sixth count, the observations I have made on the third are equally applicable, and the seventh, which charges Aman Ali Khan alone with issmug orders for the beating and torturing is as regards him. a mere repetition of the fifth count. " Having analyzed the charges, I cannot enter on the merits of the cause without gratifying myself by expressing to the Court my deep feeling of obligation for the manner in which this trial has been con- ducted, a conduct which has been alike beneficial to my clients, and to me of the most important assistance, and while the tone which has prevailed, and the aid which has been rendered have equally supported the dignity of . Court, and evinced its humanity, I shall have to com- ment on the course which Mr. Trevor has adopted in regard to some of the witnesses, of which I will now merely say that it was alike honourable to the prosecution as it was considerate towards the pri- soners, while both he and Sumbhoonauth Pundit have in the kindest manner rendered me valuable service by their interpretations, and allowing me the inspection of the documents. " I am anxious to call the attention of the Court in the first in- stance, to the leading points of the case on which the prosecution must rest. " Every concomitant by which atrocious murders are characterized, is not only wanting, but has actually been reversed in the story tohich the Court must believe before a verdict of guilty can be pronounced. Suddenness, solitude, and secrecy are the distinguishing marks of the worst murder: but this murder, according to the evidence, lias been the most prolonged, the most public, and the easiest of detection and conviction that the annals of perjury can show has ever been attempted to be proved " About eight days was the time that this flogging, burning, and torturing was said to have occupied. It began at Purranpore, it was repeated at Nowguriah, then again at Purranpore, from which the victims were carried to Alall, and the scene closes at Gajotee. ' There was no secrecy, for the passers-by and all the cainp coidd see, and the camp contained about four thousand persons. "But as if all this was not sufficiently monstrous, one witness swears that the wretched men were brought into His Highness's tent, whose permission was solicited to blow them away from a 141 gun ; others swear that during the whole time they were kept tied within twelve cubits of the Nawab's tent, and that he must have he.ird their nightly screams. All this is represented to have been done by the orders of my client, A man Ali Khan, yet it is not con- tended that he could have had any motive for such unheard of cruelty. The stolen property did not belong to him. nor does it appear that the accused had in any way given him offence. He is the favourite of the Nawab, the Head of the Palace, that is known, and that I admit ; for it constitutes the first step in my defence, it is the key which unlocks the mysteries of this case. Was there ever a favourite yet, was there ever a successful courtier, who had not in the Palace a hundred implacable enemies, who considered his honours to be a robbery of their rights ? " I say that this is the case here, and it is palpable to common sense The details of the story are too monstrous for belief. " Aman Ali Khan had neither object nor motive, he had not any- thing to gain but all to lose ; the abhorrence of a humane master the vengeance of a vigilant G-overnment, the detective qualities of a talented European neighbourhood can it be believed that devoid of motive, without loss to annoy, or insult to provoke, he would have braved this array and dared the gallows ? " If then I prove that Aman Ali Khan is not guilty, from the absence of all motive, the certainty of detention, and the dread result which must have followed, it is a much more easy task to prove why the charge has been made which so reeks with conspiracy and per- jury. I ask a question of the Court, is it not true that Mr. Carnac, the magistrate, has been taxed, overwhelmed, and oppressed with having sixty-eight witnesses vomited on him, as I allege, by the plotters in the palace ? It is true, the Calendar proves that. Is it not true, that of these sixty-eight witnesses, only about twenty have been called by the Government prosecutors, and the rest abandoned? It is true, the record of the Court proves that. It is not true that of the twenty examined, jive of them were declared by Mr. Trevor to be unworthy of belief, and on-e of tfi-e five was committed by the Judge for per- jury 1 The records of the Court will again prove that that is true. "Whence then has all this scene of perjured iniquity arisen? Not from Aman Ali Khan, whose innocence is his best defence, but from the plotters in the palace, whose success depended on the ruin which they hoped by conspiracy and perjury to effect '' I now proceed to remark on the evidence in detail, and will com- mence by observing that I shall not detain the Court with any com- ments on the statements of the five witnesses who were rejected by the prosecutor, namely, Shaik Methoo, Khyrattee, Subzeeferosh Joo- muck Doctor, and Jeebun Pattan. What they said cannot affect my clients, but must damage the general credit of the case which they have attempted to support " The first witness put into the box was Dhunnoo Shaik, and the account he gives of himself, independent of discrepancies, must taint the whole of his evidence. He admits that twelve years ago he was, in consequence of the Darogah's report, discharged from the Police of which he had been a burkundaz : since that time he has been a 142 wanderer, and without any employment, subsisting by begging and being an itinerant vendor of smoke, that he had delayed giving in- iormation at other thaunahs, but hearing, as he says, that the Darogah was inquiring for him, he voluntarily earne forward in the hope of earning a good name, and becoming an oomedwar. Having clothed himself with these qualifications, he would have the Court believe that he went to the door of the Nawab's tent, stood within a cubit and a half of His Highness's person, heard him deliver his directions, yet none of the body-guard or numerous attendants drove him from the place or even ordered him to retire. In his statements. Dhunnoo Shaik alleges that the Nawab returned on the day of the alleged theft at one o'clock, and that the arrest of the suspected parties took place about an hour before, yet it is proved by witnesses far more creditable that it was the custom of His Highness to remain out until four, five, and six o'clock, that on this day he returned about five, and that the arrest of the suspected parties was about nine in the morning. Now these mistakes are too palpable to admit of any other solution than that the witness could not have been in the camp at the time to which he deposes. " This witness stated before the magistrate, that Atnan Ali Khan had said to His Highness, if you will give the order, I will have the thieves blown from a gun; but in this Court he never mentioned that such a request had been preferred to the Nawab ; on the con- trary, he represents it as a direct threat to the thieves from Aman Ali Khan, and when asked to reconcile this discrepancy, he attri- butes it to a blunder of the magistrate's writer. But I will not de- tain the Court with further comment on such evidence. " The second witness, Hingoo Khan, was a beggar in a pitiable state of frightful leprosy, and he admitted that the Darogah had sent for him at the instigation of the discarded burkundaz and aspiring oomedwar. The offspring was worthy of the accoucheur, and if pos- sible surpassed him in improbabilities and discrepancies He alleges that as early as twelve o'clock in the day, he saw Aman Ali Khan cutting a bamboo and beating the thieves at the tent of the Meahs, yet before the magistrate he swore that he did not see anyone beat, but heard the Khan give orders to beat, whereon he was frightened and ran away. It will also be observed that this witness does not depose to either of my clients, Mussurut Ali Khan or Meah Belial, beating, or ordering, or taking any part in the alleged transaction. It has been distinctly proved by George Shapcott, who has been nine years in His Highness' s service, that it would have been inconsistent with the rank of Aman Ali to have gone to the tent of the Meahs ; and is it then possible to believe that he would still further have degraded himself by personally chastising a thief? I pass over such evidence. " The next witness comes forward under circumstances of grave sus- picion. The stolen property had been under his care, and stealing or negligence might be imputed to him. He was personally interested in warding off imputation, or detecting the thief, and it must, therefore, all throughout have been his anxious object to achieve them ; accord- ingly we find him immediately accusing Burra Shaib and Mogul Jhan of having practised a joke on him, which they deny. He never 143 suspected Muddee or Hingoo, nor mentioned their names, yet within a quarter of an hour, Burra Shaib producess Muddee as the thief, but on what ground, or for what reason, no explanation has been given. As far as the Court knows, Burra Shaib may have pounced upon the first man he met with for good reasons of his own, and lost no time in administering punishment, as if the guilt of his victim were beyond a doubt. The Court will not forget that Burra Shaib is in the service of some Heffiim, and fled on inquiry being instituted. It will also be found that Hossainee in no one respect whatsoever inculpates his master TJrjoomund. If this be false, it taints all his evidence ; but if it be true, as I believe it strictly is, then can it be credited that Aman Ali, who had sustained no loss, should cause a cruel murder to be committed while the man who was plundered was forbearing and for- giving. " This witness will be found to contradict the two former witnesses, Dhunnoo Shaik and Hing'in Khan, for he states that on the return of the hunting party, His Highness retired to his tent, Aman Ali to his own, and the Meahs to theirs, from which the Meahs proceeded to Aman Ah Khan's tent to inform him of the theft, and it was then he gave the orders to beat. How can this be reconciled with the evidence which represents the thieves having been taken by Aman Ali to the tent of the Nawab, and Aman Ali having gone to the Meah's tent, and with his own hand inflicted punishment ? Of the three stories two must be false, or is it not more probable that all three are untrue ? Yet these men are the three first witnesses for the prosecution, and is it on such evidence that men are to be hanged ? " Here let me solemnly declare, that in regard to my five clients, as I view the case on the one hand, and weigh the evidence on the other, the eternal and^undeyiating principles of mercy and of justice demand from the Court an entire acquittal, or capital punishment. Mercy will always free those against whom perjury may have conjured up suspicion, but justice will adminster the worst of punishment to the miscreants who murder by torture. " The language is as true as it is bold, but such is my confidence in my case, that I should have ill discharged my duties had I employed expressions less decisive. " Again, the statements by this witness of the position of the thieves, with arms and legs stretched out, laid on their backs, their feet held up, and beaten on the soles of the feet, and above all. the brandy which the doctor gave them to drink, and also applied to their bodies and mixed with their poultices are inconsistent with, or are contra- dicted by the evidence of all the other witnesses, and I may here shorten the matter by concluding these remarks with calling the atten- tion of the Court to the statement of the various vehicles which this witness and also each of the other witnesses, describe to have been the means of conveyance by which the accused were transported from one spot to another. No two of them agree. " And now passing over Methoo and Khyrattee, who were rejected by the prosecutor, it is my province to introduce and point the consi- deration of the Court to the merits of Shaik Ruheem Ali, the cook. He had never been employed in the Nawab's service, nor ever joined 144 the camp before, but he swears in the commencement of his evidence that he made jugy soup for His Highness. This is modified afterwards to pounding the ingredients, and tinally dwindles down to watching the boiling of the pot. When His Highness eschews j ugy soup, the favourite courtier takes to curry, and more unaccountably, he takes to the ticca cook to make it. Now, if I could believe this story, and if it were proved that the Khan had disapproved of ticca cook's curry, then I could be tempted to believe that the ticca cook, being an injured individual, and having more prudence than courage, sought reparation for the insult by the safer course of the law and the rope, than by cookery or the hazardous experiment of a sop in the pan. " I implore the pardon of the Court for the lightness of these obser- vations, but I am uncontrollably overcome by the immeasurable absurdity of our ticca cook's history of himself, the exploits he per- formed, and the evidence which he has dished up, and which he believes the Court will swallow. But let me point out a few of his inconsistencies. Look to his answer to the Court about the orders of the 9th of May and the 14th of June ; look to what he says that the theft was discovered at half-past six o'clock a.m. precisely, whereas fehaik Hossainee, who lost the property, did not discover the robbery till nine This cook told the magistrate that Aman Ali and the Means lived in the same tent ; he describes what Affreen and Meer Ekbal did, yet he could not see from the Karkhannah what was going on, and he swore in contradiction to every witness that His Highness and Aman Ah rode on the same elephant. I ask the Court is this man to be believed ? Was he ever in the camp at all, or has he been recruited as the leper was by Dhunnoo Shaik, that Alpha of the prosecution and the Darogah's domdeen ? " The seventh witness sworn was Shaik Aman Ali. I pass him over as he was merely called for as a matter of form. "The eighth witness only, Jingoo, speaks of one of my clients, Mussurut Ali, and all the offence he proves against him is, that from the distance of an arrow's flight, he saw Mussurut following a crowd. It were idle to detain the Court with commenting on evidence which does not support any of the charges preferred. " The ninth witness, George Shapcott, gave in my humble judgment, evidence alike unquestionable as to probability of fact and honesty of motive. I will not comment on his statements, I leave them to the j udgment of the Court ; but if they obtain the credit I think they deserve, they must disprove the leading points of the case for prose- cution, and secure the acquittal of my clients. I would particularly point to the character he has given of Aman Ali Khan, and which I will incontrovertibly confirm by other evidence " The tenth witness, Dhoolob Hurkaru, saw blows given, but cannot name who gave them I have not denied, nor will I deny, the savage treatment which these unfortunate victims suffered from Burra Shaib, and the camel-driver, and others. My case is, that my clients were neither act nor part in these cruelties, and I pass over the evidence of this witness as not impugning them in the least. " The eleventh witness, Gousee Chobdar, speaks only to one of my clients beating, that is Meah Belial. I ask the Court to turn to his evidence, it amounts to an improbable story. He says that in the 145 m.miing lie saw the thieves taken towards the Mangoe Tope. He rei-ognised teu persons with the thieves, all of whom he names, and adds there were many others ; of these lie singles out seven as inflict- ing blows, and one of them Ekbal, he particularizes as not beating. This is absurd on the face of it, as a man after a lapse of five months could not possibly pick out seven men from a large crowd who were beating, and one who was not. Such evidence is palpably the offspring nat of fact, but of fancy, and the Hall of Justice is not the nest in which fancy can be permitted to breed. " The twelfth witness who was sworn, Shaik Shoobuter, is one of rejected of the prosecution. " The thirteenth witness, Shaik Jaylee, the Gharreewan, in no way affects my clients, and the fourteenth witness, Hajee Newmash, comes under the same class. "Ameer Alie was the fifteenth witness who was called before the Court, and if this person, who was produced for the prosecution, is be- lieved, there is an end of the story of Dhunnoo Shaik and Hingun Klian, as to Amun Ali having gone to the tent of the Meahs, for he says, ' I did not see A man Ali go to the tent of the Meahs ; but they used to go to him, and whenever he gave any orders he used to send for them..' This fully corroborates George Shapcott's statement regard- ing the position and rank of Aman Ali in the camp. Again Ameer Ali contradicts all the witnesses who allege that Meah Belial was one of the party who took the thieves to the river, and who joined in beat- ing them. He states that there were five persons who did it, and he named them all, and pointed them out, and Meah Belial was not among them ; but Shaik Hossainee the appr. ver was, and in this he is confirmed by the ele\enth witness, Gousee Chobdar. This fact is not more important than probable. It not only throws a doubt on all Ilossanie's evidence, but is also a positive contradiction ; and can any- thing be more probable than that the man to whom blame, if not sus- picion, attached, as the stolen property had been in his charge, should join in the beating which was inflicted to compel its restoration. " The sixteenth witness, Mahomed Ameer, confirmed Ameer Alie re- garding Aman Ali Khan not having gone to the tent of the Meahs, and distinctly states that had he gone there, or beaten the thieves, or taken them to His Highncss's tent, or asked permission to blow them from a gun, he must have seen and heard of it. " I would particularly point the attention of the Court to a most important st itemcnt made by this witness, that on the day of the robbery he had been out with the hunt, and on their return they were informed of what had taken place, and that the thieves had been cap- tured. His Highness and Aman Ali Khan each retired to then* own tents, and the witness proceeded to where the thieves were kept. He returned to Aman Ali, and stated that the men had been beaten, who immediately despatched a servant with orders to prevent it. The next morning it was reported that the thieves had been again beaten, and Aman Ali despatched another servant with similar orders. This man gave his evidence in a fair and distinct manner ; there was no discre- pancy in his evidence before the magistrate and the Court. His posi lion in the household is respectable, for he draws a salary of one hundred a month, an.l being produced by the prosecution I have a 146 right to demand that lie should be credited. I doubt that my friend Sumboonauth Pundit can find zeal enough to solicit the Court to dis- believe this most respectable of his witnesses, and fix its faith on the evidence of the Oomedwar, the leper and approver. " The seventeenth witness, Joomuck Doctor, is another of the dis- carded of the prosecution, and the eighteenth and nineteenth, Shaik Khagattee and Shaik Shakwee, do not affect my clients, but merely prove that one of the unfortunate victims was washed and buried. " The twentieth witness is the fifth and last of the discarded ones ; and the twenty-first, Bhugobun Grhose, the apprentice of the Doctor, does not name one of my clients, and with him the case closes. " I shall content myself with merely calling a few witnesses to the character of my clients, for, as I can conscientiously affirm, that in my humble judgment I cannot find anything in the case against my clients which is not either too monstrous for even credulity to credit, or else has been contradicted by evidence for the prosecution. It lias been often and truly said, that the besetting difficulty attendant on every case which is tried in an Indian Court, is the mass of falsehood with which the truth is invariably involved, which leads to convic- tions, by depriving prisoners of the benefit of doubts that in England would prove their palladium. But this can never be the case when the doubts are only reasonable but unanswerable, and can any one affirm that the revenge or intrigues which have undeniably polluted this trial with the five perjured and discarded witnesses, have not only also corrupted others whose evidence although received, is of a character that is similar. I will conclude in the language of the Nizamut Adawlut, in a case of murder and affray, decided by Sir Robert Barlow and Mr. Raikes on the 15th of last month, iu which they said : " ' In these depositions the Sessions Judge has placed implicit faith, and taken together as they stand in the record they would afford, if trustworthy, a mass of evidence quite sufficient for the conviction of the prisoners. But it is impossible to allow oral evidence of this description to pass into proof in this country, without testing its fidelity in some way, and judged by the proofs to which we have subjected it, much of this testimony becomes valueless in our estimation.' " Mr. Montriou appeared in defence of Meah Urjoomund, Hajee Tamas, Meah Affreen, Meah Emaum AH (Urzbegy) Mirza Mahomed Hosain alias Mogul Jann (Naib Meer Moonshee) read in the Court of the Sessions Judge of Moorshedabad, 7th September, 1853. The learned gentleman spoke as follows : " The charges against these prisoners embrace several alternatives. They are first charged with actually killing two persons named Hingoo and Muddee, under circumstances which constitute either murder, or culpable homicide. They are next charged as being implicated in the same crime which others have actually committed, so as to bring them within one of the descriptions. " The prisoners are next charged with inhuman treatment or torture and beating of the same persons, without reference to their death, and the alternatives of Aanut and Razdareere added, in case their concern in the torture or beating be proved to come more properly under one of those descriptions. 147 " The last Count it is unnecessary for me to notice. " In the first place, I beg to note an important rule or precaution which, the peculiar form of the record, or nutthee, in the Courts of the East India Company, makes necessary, on the same account it is perhaps difficult for this Court strictly to observe. It is this: The only evidence which can be taken at all into consideration against the prisoners, is that which has been orally given in the face of this Court. What has been deposed to before the magistrate, or as it is called in the Foujdarree, has been used and must still be used, to rebut and contradict, or in any way to discredit what the same witness has said here ; but no claim in the Foujdarree deposition can legally, or justly be treated as in evidence here against these prisoners. They must be convicted, if convicted at all, upon statements sworn to upon this trial and in this place. Nothing in those depositions be- comes evidence for the prosecution unless it be in the same words repeated by the witness upon his examination here. All else must be entirely dismissed from the mind of the Court. " The following is a short narrative or outline of the state of facts which the Government of this country, through their able and specially delegated representatives here present have endeavoured (as far as it can collect their intentions from the evidence offered), to exhibit, by proof to the judgment of this Court in this case. " Towards the close of the month of March last, His Highness the titular Nawab Nazim of Bengal attended by a numerous establishment and suite, computed to be upwards of 2000 persons, was on a sport- ing excursion in the Maldah district. It would appear that all His Highness' househol J, all the officers and Mohurrirs of the numerous departments necessary, or usual for the state or the wants of His Highness accompanied him. In a word, the whole of the Court, household and officers of the Nawab Nazim were transferred into the Lushkar or camp to which we have now to direct our attention, and of course a numerous tribe of Omedwars, fakeers, mendicants, and vagabonds of every class followed in the train, and mingled among the crowd of this courtly, but motley assemblage. Immediately attendant upon His Highness, and filling the principal offices, were the Meahs of whom the chief in dignity was Aman Ali Khan, who appears to have been the G-eneral Naib, or Lieutenant of His Highness. Under him, in various gradations were the others, including the Darogah. or superintendent of the Elephants, and of the kitchen department, also the Urzbegy (who is not a Mean) . The main business of the expedi- tion being sport, it was the custom of His Higliness to quit the camp in the early morning of each day, accompanied by his more favoured associates and attendants, and to return to his camp in the afternoon or evening usually about four or five o'clock. There were three prin- cipal tents, or Kheemas : viz., one for His Highness personally, one for Aman Ali Khan, and one for the other Meahs, with whom also dwelt the Urzbegy, Meer Emam Ali, and Mirza Mahomed Hosain, known as Mogul Jaun, and described to be Naib Meer Moonshee. One morning, somewhere about eight or nine o'clock, and while His Highness and his usual suite were out sporting on their elephants away from the camp a small box containing money and other valuables was missed from the Meah's tent ; the box being in the special custody of L 2 148 one Hosainee, a slave or domestic Khavas of the prisoner Meah Ur" joomund. Muddee the lad, the son of one Etwarree, Khavas of th e Nizamut, was seized upon some ground of suspicion, aud> accused of the theft ; fear or remorse, or both, combined, hiduced Muddee to assert that he could and would produce the missing property. He named an accomplice Hingoo Fakeer, who was thereupon also ar- rested. " Information given by Muddee to discover or trace the stolen pro- perty proved to be mere pretext, and this experiment was repeated several times. Nothing whatever was discovered or found. In the meanwhile, those who were in charge of the supposed thieves, as a means of extorting the truth, and exasperated at the repeated decep- tions practised upon them, and the trouble given to them by their captives, punished the latter severely, and subjected them to cruel visage, which at the end of six or seven days caused the death of both Muddee and Hingoo. They were secretly buried in the jungle. The local police would appear to have connived at the crime, for it re- mained (notwithstanding its notoriety in the camp of His Highness) uninvestigated and unnoticed by authority of any kind until the return of His Highness from his sporting expedition at the close of April, when, the rumours coming to the ears of the Shanuggur Darogah, steps were taken to bring the criminals to justice, which have finally led to, and ended in this trial. The persons who are said to have com- mitted such barbarity against the helpless slave boy and mendicant, and who are now upon then* trial, are the whole of the principal officers, the entire body of courtiers and dignitaries (so to speak) of the household of His Highness the Nawab Nazim ; to whom are added, not as the mere servants' agents, but as companions and helpers of the other defendants in their alleged cruelty, a Mahout and a camel- driver, making in the whole thirteen accused. ' Such seems to be an outline of the case supposed or intended to be made by the evidence which has been heard. I say intended, because I do not believe that the Government Prosecutors themselves can sup- pose they have supported the more serious class of charges I mean those which assume that a criminal homicide has been committed with even pri ma facia proof. And here I take leave to advert to what I believe to be a fundamental maxim and a guide in every Court of Criminal justice where a British judge presides ; I may say in every country of civilized and educated men. Every man is presumed, and believed (judicially) to be innocent of a crime imputed to him until he is proved to be guilty ; and by proof here is meant complete proof evidence which leaves no rational doubt. In merely Civil complaints, a case of suspicion is enough, if it be not met by answer and by counter-evidence, to warrant condemnation ; but not so with charges of crime. Who ever heard of a British tribunal being satisfied with primd facice proof against an alleged murderer ? How infinitely various are the cases which may be supposed, where to prove innocence of crime would be impossible ; but where to impute or prove ground of suspicion is an easy task ! But I am well assured that the maxim I have noticed will not be doubted here. If the evidence of guilt has not been satisfactory, and led to an undoubted conclusion in the minds of the Court, I know that my clients will be, as they ought to be, fully 149 acquitted. It docs not, however, require the aid of this universal and well-established rule to clear the ground of the most serious crimes (as respects consequences) charged in this calendar, of which, as I have observed, a primd facia case or basis of proof has not been offered. To establish homicide, the first essential and indispensable ingredient of proof is the cause of death. What pretence of proof has there been of the cause of death ? Were it even possible that the Court could form any definite idea, from the whole body of the evidence, of the nature of the injuries inflicted or said to be inflicted, still they have 110 data whatever from which they can connect those injuries with the death, as cause and effect. It would, indeed, be an awful responsibility were they called upon to do so. It is for the prosecutor, by his proofs, to connect them directly and irresistibly ; and not to leave the matter to guess or conjecture, or possible inference. We have no sooruthal, no testimony whatever, medical or otherwise, of the state of the bodies of either when they died (for the miserable equivocations of the bheestees, Kangally and Shikhadee, throw no intelligent light on this subject), no intelligible testimony of the commencement, progress, or termination of any mortal disease, nor even of any injuries or ill-treat- ment from any particular person or persons which must have produced a mortal disease. However, it is enough for my present purpose that the cause of death is left in doubt. This fact alone precludes the pos-^ sibility of a conviction upon the first class of counts ; and I infer from, the fairness and honourable candour with which the prosecution upon this trial has been conducted throughout, that had such a course been allowed by the practice and procedure of this Court, those counts would have been altogether abandoned upon the close of the case. As it is I think it unnecessary, and that it would be trifling with the Court to say more in refutation of them than I have said. " There remains the charge of torturing and beating the slave-boy, Muddee, and the fukeer, Hingoo, and of being act and part in our con^ iiiving at that torturing and beating. Against this charge or series of charges it is my duty to defend five of the prisoners : 1, Meah Urjoo- inund ; 2, Hajee Tamas ; 3, Meah Afreen ; 4, Meer Emam Ali Urz- beggy ; and 5, Mirza Mahomed Hosain, called also Mogul Jaun. As regards the first and second, I think the evidence already in proof suf- ficient for their exculpation. For the others I shall produce some testimony of collateral facts, which will assist the Court in coming to a conclusion in their individual cases respectively. The constant and uniform duties of the Urzbeggy upon the person of His Highness the Nawab Nazim during this hunting expedition, extending as that at- tendance did regularly to a late period of each night, rendered his commission of the offences charged against him so nearly an impossi- bility as to be, I submit, a sufficient refutation of whatever part of the charge might otherwise be considered proved. This attendance can, I believe, be satisfactorily proved, although the best evidence of the fact is obviously not procurable ; it is either above our reach, or at the bar of this Court. The Meah Afreen, it is already in evidence (but from one witness only), although attached to the Nizam ut household, "is not connected with the personal establishment of His Highness the Nawab Nazim, and formed no part of His Highness's suite in this hunting ex- cursion. He was accidentally present with the lushkar at Hyatpoor 150 and Purranpoor, but no further ; having gone with a message and con- dolences of the Begum upon an occasion of an accidental hurt which occurred to His Highness. This will be proved, and will assist in re- futation of the attempt to implicate Mcah Afreen. The Moghul Mirza Mahomed Hosain, against whom so much has been positively and recklessly sworn, is a person of great respectability, whose father and grandfather held office under the ancestors of His Highness. His duties are of a literary and confidential character, and upon this journey it was his particular business to be in attendance upon the Khan Sahib, Aman Ali. The nature and times of that attendance \\ ill be shown, as in the case of the Urzbeggy, to be wholly inconsistent with the reckless and unmeaning conduct which the witnesses have charged him with. "Witnesses to general character will be called, especially to that of Meah tlrjoomund, whose known benevolence of heart and conduct is such and so universally attested as to place him beyond the reach of calumny ; except, indeed, from persons of the station and ignorance of those who are the pillars of this unfortunate though memorable prosecution. He has ever been as much admired by the gentry and the wealthy who have been broughc in contact with him, as he has been a friend to the poor and to the unfortunate. It is a remark- able feature in the mass of contradictory testimony which has been heard upon this trial, that although the witnesses have thought it necessary (for an obvious but short-sighted reason) to attempt in some way to implicate this prisoner in the facts which they came here to detail, they felt the influence of his general character sufficiently to qualify their falsehoods in various ways ; and the same witness variously, at different times, in favour of Meah Urjoomund, and in favour of him alone. The most bitter of them has thus reluctantly defeated his own object : for, I believe, that even taking each witness separately untested by the damning experiment of comparison with his fellows no criminal mind can fairly be imputed to Meah Urjoomund, and all Courts have adopted the axiom of the Roman Law, Nullus reits nisi mens sit rea. A criminal act cannot proceed from a harmless mind or intention. " Before proceeding to review the evidence in detail, it will be useful to consider the kind of proof by which a charge of this nature might be expected to be supported, so as to give it at least the semblance of truth ; which consideration will involve other probabilities and sup- positions that will be found to bear most materially upon the case. The English Law says, (and I neither know, nor can I suppose, that either the Mahomedan Shurrah or the precedents of the Company's Nizamut Adawlut say otherwise), that every fact put in issue in a Court of Justice must be proved by the best evidence, of which, ac- cording to its nature and character, it is capable. The fact or chain of facts in issue here is, whether the highest officials and intimate asso- ciates of His Highness the Nawab Nazim, have, or have not, been guilty of murderous and wanton cruelty, not as a general charge, but in a particular specified instance ; not for any purpose of ambition, revenge for personal dishonour or disgrace, from no motive of policy, but in wanton and palpably useless torture to extort a confession of the theft of the private property of the only one of them who is not 151 shown (I am sure it will be admitted), or pretended to have taken an active part, by will or act, in the alleged torture. Again, the torture was not in secret, nor under any precautions whatever (as far as has appeared) against detection and punishment. It was in open day, in presence of some 2000, many hundreds of whom were strangers to all parties concerned ; and a still larger number, by station, habits, fears and hopes, much more likely to sympathize with the sufferers than to screen the evil-doers. On the other hand, this barefaced cruelty would appear to have been unusual and isolated. Not only is this the first criminal charge brought against the associates and officers of the Nizamut, since that name became a title merely, and ceased to ad- minister justice (because they have ceased to have subjects) ; and placed as they are in the trying and difficult, nay, invidious position, of possessing the pageantry, the state, the outward homage of sovereign princes, but with the rights and the responsibility of the meanest subject, with no prerogative, no real privilege it is matter of surprise that, in such a position, the household, the Court of the Nizamut, should not have become amenable to the visitations of British Justice. Yet so it is. The crime now chargrd against them by the Government of this country is an isolated instance one little to be expected, and said to be perpetrated by the acts and sanction of a class of men of proverbially gentle and peaceable habits, and demeanor, of whom the chief (so called) criminals have already received, out of the mouths of witnesses for the prosecution, unhesitatingly, a character for integrity and humanity. Nor can it be collected or conjectured from the evi- dence, that any of these, during the long interval between the com- mission of the alleged crime and the first official notice of it, viz., the information of the Darogah of this city, on the 30th April, acted in any way as a gxiilty man, especially as one possessed of means and powers would act : however, fortunately for the cause of truth, the testimony offered contains intrinsic proof that no apprehension could have existed in the minds of any of the prisoners who had the power to influence, to corrupt, or to place out of reach the witnesses of the crime. No one witness has pretended that any sucli attempt has been made either with regard to himself or any other person. A vague re- mark not amounting to evidence was, I believe, made by one of the witnesses, imputing receipt of a bribe to the local police of the Maldah District, and I do not doubt that any of the others who came here prepared to testify to the presence of the police at the scene of the crime (which was certainly the easiest mode of disposing of an obvious difficulty in the credibility of their general story) would have thought it fitting to guess at a like conclusion. This circumstance, therefore, cannot be taken to form an exception to the proposition which I have inferred and stated, and in its favour we have the presence of and remarkable deposition of the approver, the servant of Meah Urjoo- mund. We have, too, the khas servants of His Highness over whose affairs and household be it remembered the accused Aman AH Khan had undisputed sway, he being, to use the significant language of the herald, Hajee Nunha. From these considerations, from these facts, are we not justified in making, are we not bound and compelled to make, the following deduction ? Before men of the character and posi- tion of the principal defendants, including all for whom I appear, 152 can be fairly ', or consistently with sound policy and good government, placed upon their trial for offences such as those here charged against them, respectable, consistent and probable testimony must be ad- duced (because there exists no obstacle to its production, and it must undoubtedly exist) worthy of belief from its own intrinsic weight, ir- respective of the chances or possibility of refutation, and further cor- roborated by the probable certainty, that, if the testimony be false or exaggerated, undoubted means exist of exculpation, without let or hindrance. "That this deduction, this axiom I may say, is the more imperative to guide our judgment in this case, because we are wholly dependent upon that most frail, most dangerous of instruments in this country, that will-o'-the-wisp to the administrators of justice oral evidence. We are wholly without circumstantial evidence of any kind. For even the geography of localities, for every fact, for every link of every fact which is to be the part of the chain, I do not say of condemnation, but of suspicion against the prisoners, we must look to and depend upon fleeting words, and still more fleeting memory ; to them alone, without any other aid, any circumstances or indicia, which cannot lie whatever. We are told the men are dead ; we are told of rumours why they died ; we are told, in many and various and strange descrip- tions, of their treatment and conduct some few days preceding the alleged date of their alleged decease ; we are told of the supposed reasons and motives of that treatment ; but who in this Court knows (putting aside admissions of the prisoners, of which none are in evi- dence here) that such men ever even existed ? Assaults and personal injuries to the living are proved in Courts of Justice by those who suf- fered them ; homicide and death are proved by the production and judicial inspection of the body. I do not say that this normal rule can never be with safety departed from ; far less do I intend to base the defence of my clients upon any denial of the existence or the death of either Muddee or Hingoo. It is wholly unnecessary, and therefore in- expedient, that I should do so. A great English criminal judge and lawyer, Sir Matthew Hale, is well known to have made and adhered to the rule, never to permit a conviction of murder where the body, as the best proof of the corpus delicti, was not forthcoming. This rule has since, in especial cases, been departed from by the English Courts, as well as by the Company's Nizamut Adawlut. My object in now alluding to this defect in the present evidence is, to illustrate the great difficulty that the Court must necessarily have in satisfying their con- science even upon the broader, notorious, and easily tested facts of the case, without other guide than oral evidence. But how much greater and more serious is the difficulty when the facts to be proved are de- pendent upon not merely honest and minute and careful observation - and attention, upon not merely honest and unbiased, but sure and in- telligent recollection ! "Let us, then, make some inquiry into the intelligence, the respect- ability, the consistency, and title to this great confidence (which they must be entitled to in order, not only to attach even suspicion of guilt to my clients, but to divest this remarkable prosecution of a character of rashness and impolicy unexampled even in the history of Sritish India) of the persons from whose mouths the oral evidence proceeds. 153 And first, who are the witnesses relied on (we need not now refer to those precious morceaux, those examples, remarkable not for their rarity, but for their perfection as examples of audacious and seemingly unconscious mendacity, whom the Public Prosecutor has not less judiciously than honourably rejected from his proofs) in support of this prosecution ? They are fifteen in the whole, viz. : " Two Fakeers, or beggars, one of them a leper. " One approver, the Kliawas, or slave, from whose custody the yet missing property (which Muddee and Hingoo were accused of steal- ing) was lost. " One Teeka scullion. " Five menial attendants of His Highness the Nawab Nazim, viz., a batta burdar, a peon, a tailor, a chokedar. and a nukub, or herald. " Then, one Christian, and certainly reapectable witness, His High- ness's coachman. " A Teeka grave-cart driver, employed under the coachman. " Two of the camp bhistees. " An ignorant helper to a person said to be employed as the koberaj of the camp ; and lastly, " A Meah, who is the deputy and mosahib of Aman AH Khan. He completely exculpates the latter, and shows no disposition to affect any of the Meah's by his evidence ; but he is evidently called because he is not unwilling to make a scapegoat of the Moghul prisoner. " Now, it is not an unimportant fact, that these fifteen are selected from an enormous mass of lengthy depositions in the Foujdarry, com- prising more than one hundred witnesses, of whom sixty-eight are in the calendar. They are the cream of the collection a collection made, of course, by the efforts, or under the auspices, of that Darogah who distinguished himself by his report of the '' Bazar Rumours," on the 30th April rumours which, as he then said, accused no one, and had no definite form, but which, between that date and the commitment for trial, some six weeks hence, have ripened into the definite and in- telligent testimony of these fifteen witnesses. And what have these witnesses told us ? Have we heard from them one consistent tale, or one tale with unimportant narrations ? Do they all, or any fair pro- portion of them who profess to have witnessed the same evil deeds above all, do they inculpate the same persons as the doers of those deeds, or do they vary in this respect in a manner impossible for honesty to vary. Is there mixed up with possible truth impossible falsehoods, or inconsistent statements as to matters for which the witness was unprepared ? Has or has not each witness his evident bias, even on comparatively unimportant parts of his story, showing the danger of confiding in his meditated account of what actually affects the questions at issue ? To the presiding Judge, and to the Muftee, I might with propriety and confidence put these suggestive questions, without actual reference to the details of that evidence which they have both so carefully noted, and have, doubtless, already most attentively weighed ; but I proceed to note and compare a few of these details. " Dhunnoo Shaik, the beggar, who carries the hookah, and who leads the race of the elect fifteen, saw, at noon of the first day, the two victims tied by their feet to separate tent-pegs, on their backs, with 154 their hands bound behind. At this time, the Means, Afreen, Belial, Ekball, Hajee Tamas, and the Moghul (whom he confounds with Meer Emam Ali, the Urzbeggy), the Mahoot, and the mysterious Burra Sahib (whom all implicate., perhaps because he is absent), were present, and in some way encouraging the Zulen. He next sees the young Khawas taken to the river by Sepoys After the return from the river, His Highness returned, viz., about 1 p.m. The suspected thieves are summoned before, and are taken to His Highness by Aman Ali Khan personally. His Highness interrogates them. The Khan Aman Ali threatened then- lives before His Highness, ivho ordered their release : which order is countermanded by the Khan. Witness, on the second day, saw Muddee tied on his back as before, but Hingoo was sitting, torn and bleeding. The day after, the boy was seen to have been burnt all over his body. They were taken in two majholee games to Allal. Witness helped to dig the grave of the boy. Who were present at the burial, besides the two Bhestees and this witness ? Burra Sahib and Shere Ali Fakeer. This witness saw all the Meahs engaged in beating. " Hingun Khan, the leper, saw the two men tied to the tent-pegs, not of the Meah's tent, but of Aman Ali Khan, three or four ghuries before the Khan returned with His Highness from Shikar. The Meahs aud a great crowd were there. The only beating which this man professes to have witnessed was inflicted by the Khan per- sonally, at his own tent, and he evidently implies that the victims had not been beaten at all until then. " Hossainee Shaik, the approver, gives his version of the loss of his master's box. He, of course, disclaims the slightest interference in, or encouragement of, the maltreatment of the suspected men. This slave represents the Naib Meer Monshi and Burra Sahib, men who were the companions and equals of his master, as being so terrified with his (witness's) insinuations and accusations, when he awoke and discovered his loss, that they forthwith set about hunting the camp for a thief, whom (as he now professes to believe) they falsely accused. He represents himself as paralysed with fear, and either wholly un- willing or unable (from his state of utter prostration) to take any steps to render any assistance whatever. Yet this trusty menial acknow- ledges, that during his eight or nine years' service with the Meah Urjoomund, he has not known or heard of his master being guilty of a single act of violence ; and although he received not a single reproof from his master at Purranpore, his state of head-kawas continued to Allal, which he gives as a reason for not having seen the suspected men, or knowing anything about them at that place. He alone re- mained inactive ; he, who knew and felt how much his own izzut at least was concerned in recovery of the property (to say nothing of his duty or gratitude to his master), he alone was tender-hearted and silent ! According to this man's account, Muddee (after Hingoo being brought) was taken, before the return of the Meahs and His Highness on the first day, to the river to the Modee's shop. After His Highness's return they were taken to a garden or plantation, on which occasion the Mehter is first introduced. He denies that they were taken to the tent of His Highness or of Aman Ali Khan. He describes them as having been bastinadoed whilst: tied 155 with their feet up and head downwards. In his evidence here he dis- tinctly implicates his master as approving of the heating. On the journey to Allal, according to his account, one thief was taken in a palkee, the other in a cart Perhaps the most remarkable feature in this wretch's evidence is the mean attempt to implicate his master, who he distinctly exculpated before the Magistrate ; but he was probably not aware, when he made his Foujdarry deposition, of his master having told the Magistrate, as the truth was, that this very man, his own servant, informed him, upon his arrival in camp, of the loss of the box, and of the capture of the suspected men (one of them, Hingoo, by Hossainee himself) ; whereupon the Meah Urjoomund, upon hearing the ineffectual at- tempts to trace his property, ordered the release of the prisoners This man's testimony bears upon its face, to my mind the conscious- ness of guilt , and that his only hope of escape is by corroborating the case, made, or supposed to be made, against all the prisoners. " Ruheem Ali, the teeka cook, or scullion, is a travelled man, who has studied divers arts in divers climes ; and it would appear that we are indebted to his former master, Mr. Porter (whom this witness asserts to be in his debt for all he earned, besides money advanced during his two mouths' service), for the haphazard testimony of this extra cook's-niate or scullion. According to this man's account, Aman Ali Khan was with Urjoomund when they jointly inquired, "What Tamasha is this?" And then (i.e. immediately on alighting from their elephants) the former gave the order to beat. The suspected men were then (i.e. after the return of His Highness) taken to the river, and from the river to the Bazar, where they were beaten in the presence of a crowd, and ordered to he dragged by their feet His account proceeds, that on the second day the men were taken to a kudam-tree. It is this man who describes an occurrence, contradicted by all the others nigh, that Aman Ali Khan, before going to Shikar in the morning, stayed back, suffering the Nawab Nazim to proceed alone, whilst he went to the tent of the Meahs to give orders for beating the captives ; who thereupon were beaten by Joomun, by Peeroo Mahout, and by the Mehter. (By the way, where is this Mehter, who has been several times referred to, althoiigh at different tunes by different persons ?) He describes a search and diving process in a small boat, not spoken to, that I am aware, by any other witness. This was on the third day, at Puranpore. It was just after this des- cription that the witness added, " Teen duffa ya haluth hooa ;" which would appear to have been the index, in his own mind, of the several searchings and bringings back to which he had to depose, and accord- ingly had deposed. " The pert and over-zealous manner of this man in the witness-box must be in the recollection of all who were present : how he overlooked the Sheristadar when writing his words ; and how, on one occassion, when he had delivered himself of what he considered a telling fact or opinion, in his anxiety to proceed he asked of the writer, ' Lieka ap ?' The manifest and important discrepancies between his Foujdarry depo- sition and his evidence being pointed out to him, he unhesitatingly disavowed them, and ascribed them to the writr. I request of the Court, whilst considering their judgment, not to omit making this 156 comparison, -which will alone remove all doubt (should any remain in their minds) of the utter worthlessness of this teeka vagabond's testimony. He was on the look-out for a teeka job, and he has found one doubtless as well suited to his antecedents as to his taste. " We next have Hingoo Khan, His Highness's pandish-bearer, who must often have attended the Meahs, or at least in their presence, as the constant guests and companions of His Highness. Little could they, or indeed any of His Highness's household now at the bar of this Court, have expected to see this familiar attendant arrayed against them. But so far has the ingenuity of those enemies who have con- tinued and originated this baseless prosecution (who will, I fervently trust, as I believe they will, ere long, be discovered, and meet with at least a portion of their deserts) triumphed. The old familiar faces, not indeed of persons of station or respectability (I use this word rather in its conventional Bengalee than European meaning and sense), but the menials who have obeyed their slightest nod, are brought here. There is something unusual and remarkable in this. One inference from it I have already drawn ; another is scarcely less obvious. These men must have been taught, and lately taught too, that the sun of these nobles of the Shahnuggur has set ; that they have nothing to fear from their frowns or to hope from their good-will. But little acquaintance ivith the Asiatic mind is needed to trace and deduce how it is that these men are found, at the bidding of the British Sircar (through that strong arm of its pmoer, not always righteously used, the Mofussul Police, the herd ofnazirs, darogahs wogherah), bearing testimony, unthought of and unsuspected, against persons whom their young prince and master certainly does not, because he cannot with truth, accuse; but whom he, as certainly, may not assume to protect, although I do not and cannot doubt that he sympathises ivith them in the strait in which they are noio, I venture to say, most unjustly reduced. This man, Hingoo Khan, relates the visit to the indigo factory between the hours of nine and ten in the morning of the second day, when he particularizes the Moonshee Moghul Jan, Burra Sahib, and Joomuii, as the conductors of the elephant upon which Muddee was bound, and the Meahe, Mussurut AH and Afreen, as following at the distance of an arrow's flight, a fanciful measure- ment, but not difficult of comprehension as a watching distance. A remarkable statement by this man, both in the Foujdarry and here, and quite inconsistent with all other testimony to the same circum- stance, is, that Muddee was brought back from Nowghurrea on an elephant, not on a camel. In the Foujdarry he added that Moghul Jan and Burra Sahib were seated on the same elephant a still more serious discrepancy. The two depositions otherwise materially differ ; and after his former deposition was read to him, this witness, nothing loth to abide by the fuller statement, declared, " What I said before the magistrate was true." But he nevertheless admitted, that what he said respecting the cause of death was from rumour only. " Next is the evidence of George Shapcott, a witness, to my mind, undoubtedly credible, as far as integrity and absence of corrupt motive is concerned. Indeed, I by no means object to this man's testimony being used as a lever, a touchstone, to raise and to test the mass of in- congruous statements with which the prosecutor's talc is incumbered. 157 How much doubt, exaggeration, and falsehood will thus be dissipated, although Shapcott's experience travels but a part of the weary journey of the alleged seven days' cruelty ! From him, then, we learn that a bond fide search for stolen property was made at Nowghurrea ; that the lad Muddee was taken there ; that upon his apparently false in- formation the witness Jungloo was seized, and would have shared the fate of M uddee but for the interference of Shapcott ; that this inter- ference was nothing more than the use of Aman Ali Khan's name, which effectually stayed the meditated injustice of punishing before proof or sufficient inquiry. "We hear of no retort from the camel-driver that the Khan had ordered the boy to be beaten ; we learn also from this witness and it is an important fact as bearing upon the testimony of others that the boy Muddee retracted his accusation of Jungloo at Nowghurrea and transferred all ground of suspicion to two lezes or Nautch-girls, at Purranpore ; we learn that no person of authority (and Moghul Jan and Burra Sahib would have been such) were present with the boy there ; that the camel-driver ivas the only one of the prisoners ivhom he saw leaf : and considering the station, ignor- ance, and habits of this camel-driver, he surely cannot be very harshly judged for administering some correction to a boy who had admitted himself a thief of valuable property, and was palpably trifling with and imposing upon the servants' great and useful labour in an apparent spirit of wantonness (for I know not what rational motive to ascribe) . Which of us would expect his jemadar or syces to act with leniency or philosophical forbearance in a similar position ? The jemadar accused by Shapcotfc is, for some unexplained reason, not here. Shapcott proves that all this happened on the morning of the 28th March, viz , the seizure and release of Jungloo (for he distinctly says the boy's ac- cusation of the latter was after, or at least during the beating), and as I understand him, the arrival at Nowgurrea of the camel which brought the boy ; we are assured from his evidence that the boy did not return to Purranpore on an elephant, as insisted on by the pandish- boarer. From a subsequent part of his evidence we find that the kooberaj Joomuck and the Meliter were for some time administering remedies to the captured men ; that no one of the prisoners at this bar (excepting the camel-driver in the manner mentioned) took any part or concerned themselves in the matter, so far as this witness knows (and is it possible lie should not have known, if a tithe or a modicum of the stream of .testimony from others were not false, and wilfully false?), that both men were buried under a cotton tree in the Maidan, within view of the stables, early in the afternoon of two consecutive days. Although the evidence of this witness not only does not im- plicate, but, upon the whole, is clearly exculpatory of my clients from any share in, or conduct, or sanction, of any ill-treatment whatever ; for the circumstance that the accused men, with the Khawas Etwaree, were living in a pal or mat-shed three or four yards off (such is his evidence) from the Meah's tent, can surely warrant no conclusion against the innocence of the Meahs, that they were necessarily act and part in any injuries sustained by or inflicted on those men. I must yet comment on that part of Shapcott's testimony which shows the condition of the bodies of Hingoo and Muddee when he saw. them under the pal. He describes the skin being off different parts of their 158 bodies, also swelling ; no injuries to the face or head ; no wales or cutting up of the flesh ; no ulcerous openings : no pouring out of blood or matter from wounds. Now, what must be the deduction from this evidence in a judicial mind ? " I submit they are : " 1. That injuries of a more serious and less superficial character than those seen and described by the witness could not then have ex- isted. " 3. That much of the appearances described may have been the re- sult of unskilful medical or surgical treatment. " And how much are these positive and necessary inferences, corrobo- rated by comparison with the deliberate testimony of some of the others ? The teeka cook's mate, says, ' Only the eyes were visible, all the rest was one bruise.' By some their hands are described to have been frightfully lacerated, and they were burnt with hot gools. Are then the accounts of the cruel beating and torturing, and their effects, supported and contradicted by Shapcott's description ? He shows no disposition to keep back or to hesitate in describing, or to soften down his recollection of the state in which he saw them. He speaks of it as any humane man would, upon whom what he saw made a strong impression, and who would therefore be likely to give a somewhat coloured and unintentionally biased view of the object seen. He in effect disproves the circumstantial description of wounds and ill-treatment, variously and in contradictory terms certainly, but gen- erally spoken to by the low native witnesses. " The hurkara or peon, Doodall, returned with Muddee on the camel from Nowghurrea to Purranpore. He speaks to a carrying to the river side on (I think) the second day. He describes the two to have been tied by the tent, with their hands tied together, but the feet at liberty ; he saw them slapped and kicked, not beaten with sticks, by the Urzbeggy, by the Moonshee, Burra Sahib, Joomun and the Mahooth. " This man's evidence needs no comment : it would seem to be an indifferently selected portion of the camp rumours ; and he does as little for the cause which he is called to support as he well can : in- deed, his silence as to much which is said to have been notorious and manifest to all would be unaccountable, upon the hypothesis that either the gravamen of the charge itself, or of the varying circumstan- tial statements in its support, is or are mainly true as stated. " That the Chobdar Ghassoo has belied himself, and come forward also with his portion of the camp rumours, or that Ameer Ali, the Nukub, is a pretended witness of what might or might not have hap- pened, is an obvious and an insuperable inference from a simple list, for which neither of them were prepared. Ghassoo relates a plausible story of his accidental presence under the kudum-tree, near the tent of the Aman Ali Khan. He was sick, he bathed there, and was openly and continuously there daring the day. " The Nukub had his bester also under the same tree, but he knows nothing of the chobdar : indeed he positively denies that he was there during the intervals when he came home for his meals and rest, and when not parading the camp or the bazar. At all events, they each speak to the taking to the river-side circumstantially. This fixes the 159 time of the presence of each under the tree ? Can there be any doubt that if several native servants had then' besters at that tree, and were simultaneously looking on at such a scene as they describe, each would have been able to speak to the presence of the other, especially as there was something especial in the presence of the chobdar, also in his con- dition and occupation ? The fact I believe to be, that the Nuzub hazarded the answer that he was under the tree, little thinking why he was asked. I may almost say, Utrum honim mavis accipe. In truth it is impossible (without looking to other discrepancies or objec- tions to their evidence) that either of these men can be judicially re- lied on. It would iiuLed be a hazardous responsibility to have to guess -or to calculate which is to be rejected, which is the real Simon Pure. " The only remarkable feature in the evidence of the carter Junglee Shaikh is, that it materially contradicts the trustworthy George Shap- cott as to the occurrences at Nowghurrea ; a fact which must be in the recollection of the Court. This testimony, therefore, needs no com- ment from me. The same objection applies, but not so strongly, to the deposition of Hajee Nunha. This man implicates a new asamee, the Mooshieff Jehun Lall. He recollects the remonstrances of the wounded Meah Hajee Tamas. At Gujol, he deposes that Muddee complained to his father that his body was burning that Muddee was attended by the Koberaj and a Brahmin, who gave him, not plaster, or ointment, or poultice, but internal medicine something to drink, and pills. " This man says that on the road to Allal, Hingoo travelled in a meeana, Muddee on a ruth. He describes the marks on Muddee's body at Gujol to be those which we had seen at Purranpore, viz., marks of korah and caning. Statements as of fact made by this wit- ness in the Foujdarry he now acknowledges to be hearsay. " The evidence of Meah Ameen shows, inter alia, that there was nothing remarkable in Etwarree's having a pal pitched in the neigh- bourhood of the Meah's tent. He distinctly contradicts those who implicate Amau AH Khan, or the other Meahs, or the Urzbeggy, and he speaks as others do to the prevalence of cholera in the Lushkar. I think it quite unnecessary to remark upon the evidence of the bheestees and of the Khoberaj's servant, Bugghobun Ghose ; feeling satisfied that no impartial mind can build condemnatory conclusions against my clients upon anything that those three have said,- collectively or individually. " Such, then, is a cursory review of the proofs, or of ichat are sitb- situtedfor proofs, in this most serious and most extraordinary case ! In the name of justice and of common sense, what definite or intel- ligible tale of guilt do they reveal, or can there be extracted from them ? Are these miserable equivocators, these paupers and menials, the select from the 2000 of the camp, from the mass of the Foujdarry deponents, the " best evidence " procurable in support of charges of this nature ? If the public prosecutor thinks that they are, I call upon him to show how and why they are. It is a scandal and a shame, it is a grievous wrong to the aimiable young prince whose servants and companions these are, that my clients should be called upon to undergo the disgraceful ordeal of a public trial should have suffered months 160 of anxious incarceration should (for their necessary self-protection) have been put to great charges upon such paltry, contradictory, incon- clusive, such impossible testimony as this. To suppose that they can be convicted upon it would be monstrous. Not one of them (Meah Urjoomund, Hajee Tamas, the Urzbeggy, Meah Afreen, or Moghul Jan Moonshee) denies that the two men were, or rather might have been, for all they know, beaten (but by no means to the extent pre- tended) : not one of them saw or sanctioned that beating not one of them had any cause or assignable motive for doing so ; neither of them made inquiry about the deaths of these men, or had reason to do so. Such information as they subsequently obtained was from the rumours of the camp or from the mouth of the accomplished, t~he re- jected Doctor Joomuck. And here T would digress to observe, that the discrepancies and contradictions which have proved fatal in the eye of the public prosecutor to the credit of five of his selected witnesses, by no means betray an anxiety to defeat the prosecution. Those men have not served or answered the purpose as expected ; they have proved their own worthlessness, that they have deliberately sworn falsely, either here or in the Foujdarry, or in both places ; but their evidence here as conclusively proves that they are hostile, in thought and intention, to the prisoners at the bar. The inference is irresistible, that they are members of a conspiracy ; they have only been less skilful or less fortunate than some of their companions. What more need I say upon the general complexion of the case ? I have endeavoured to insist upon and to argue the general rules which should be brought to bear upon its consideration ; and I have curiously adverted to some, but only some, of the palpable defects and disci epancies (the public prosecutor will in vain strive to show them to be honest discrepancies) in the details of the evidence. One remarkable head of discrepancy, showing the gross carelessness as well as untruthfulness of the witnesses, one which must have made a deep impression upon the minds of the Court, I do not think I have specially noticed ; I allude to the descrip- tion of the manner in which the men, Hingoo and Muddee, were con- veyed from Purranpore to Allal ' I have also yet to observe upon one very prominent and remark- able fact, or rather an omission which involves many facts, in what I may call the forensic history of this prosecution. Etwarree, the father of the deceased boy, Muddee, who attended his dying moments, who nursed him during his mortal sickness, who procured medicine for his child, and was found weeping at the entrance of the pal ; this man has not been examined, nor has his absence been in any manner ac- counted for. We have heard from the witness that, with one exception (mentioned, I think, by the slave Hossainee), no complaint or remon- strance was made by Etwarree at any time not a icord is breathed of his attributing Muddee' s mortal sickness to maltreatment of any kind, although he was the khas khawas of His Highness. We hear of no coaxing, no threats, no presents, which, if they existed or occurred, must or might have been proved here. The court, surely, are not to be asked, on such a trial as this, to have intuitive knowledge of facts ; and nothing but the existence of some collateral independent facts not before the Court, and which have no reference to or connexion with anything in proof, can render this man's absence, and still more his 161 proved silence and unmurmuring submission to the calamity which befel his child, other than unanswerable and incurable defects in the affirmative proof by which alone the case for the prosecution must stand or fall. " Guesses and conjectures cannot, legally or justly, by any juridical principle at all, be admitted or stand in the place of any part of that affirmative proof. Of course it may be said (as a prosecutor in such a dilemma always must say), ' Oh, if Etwarree considers or knows that his son was not ill-treated, why do you not call him in your defence ?' The principles upon which I have already insisted are a sufficient, answer to any such query I am not here on behalf of either of my clients to prove innocence, but to show that you have not proved guilt. You have not produced that sort of evidence, either in character or in detail, which can lead the mind of a Judge to a safe conclusion. You may have given enough to suspect something aiiamst somebody, but not to condemn any particular person or per- sons certainly not against those whom I defend of any defined misconduct. In no Court of Criminal Justice where an English Judge presides, is the Judge obliged to arrive at any conclusion. The panel may be guilty or innocent. The Judge has merely to do with the proofs of ascertained and defined guilt. Moreover, in this case each of the principal defendants is deprived of what would be the most likely and the most credible evidence of his not being amenable to the charge preferred. His bhaebunds, his companions, those with whom he lives, who know his way and habits ; because they are all by his side, suspected criminals like himself : loith how much more reason and intelligible ground of suspicion might several of the witnesses have been substituted in their pluce ! The Fakeer, who virtuously declined the invitation to beat, which the other 300 Fakeers accepted ; the tender-hearted slave, who made no effort to recover the treasure so un- accountably spirited away whilst he was sleeping at a time, by-the- bye, when, if at any time, he should have been awake, viz., imme- diately after his night's rest. " Where, under such circumstances, would be the wisdom or the discretion of attempting, by testimony, to disprove what is not proved ? ' As to Ktwarree, I know nothing and wish to know nothing of him. I am told he was examined in the Mofussil ; if so, his deposi- tion will be with the nutthee ; and I do not object, nor do I suppose the learned defender of other persons will object, to that deposition b -ing looked at. Had its contents fitted the case for the prosecution, doubtless the deponent would have been, like the others, committed to the care of the Police Nazir, one of whose duties throughont the Mofussil of India I understand to be, to act as the whipper-in and custodian of witnesses ! " I would add a few words with reference to the Naib-Meer- Moonshee, the Moghul prisoner. This man's case is peculiarly hard. Neither from ca*te, kindred, or occupation, has he the sympathy of those classed with him. It must have been observed by all who listened to the evidence that each of the witnesses had a disposition to screen or to tread lightly upon the reputation of some one each, I mean, of those attached to the Nizamut ; and doubtless had the Meer 162 Moonshee himself, Mirza Mahomed Hosain, been on my friend the public prosecutor's list, he would have some reluctance, with whatever impressions, recollections, or disposition otherwise he might have come here, to represent his deputy not merely as a thief taker, but as the servant, tool, and executioner of thief-takers. " As it is, he has been recklessly named ; and he, together with the absent Burra Sahib, of whom I know and can say nothing) have been, as it were by common consent, brought in on different occasions as scapegoats, or, at least, as useful adjuncts to make the case complete. As regards the Meahs themselves, I can be at no loss, when I see the favours and distinctions heaped upon them by their princely master and benefactor, to understand, why and how they have been so wickedly implicated in a transaction, which if it occurred, and what- ever its character, was the work either of their drudgeg and menials, or of the thousand vagabonds, fakeers (doubtless always ready for excitement or tomasha of any kind), with which the camp was infested. I am not bound to define, because it is not, as I humbly but earnestly submit, within the province, much less the duty, of this Court if they are not perfectly and conclusively satisfied that the guilt of any or either of my clients has been legally proved to define in their own minds any conclusions or "probabilities whatever. The certain know- ledge of truth is not given to man. The rules by which the Courts of enlightened nations endeavour, if not to arrive at truth, at least never to come to a mischievous as well as untruth fid conclusion, are defined. Forensic judgment is a science, and it is indispensable that it should be so. But were I asked what moral and extra-judicial conclusion my mind arrived at from this evidence, I should say Those two men have been maltreated by some persons icho believed themselves justi- fied, in consequence of the suspicions attached to them, and of their conduct under these suspicions : the subject formed the common topic and rumour among the fakeers, menials, and followers of the Lushkar, and the accounts given here amount to evidence of those rumours merely, and not of any facts at all. No one witness (excepting always the Christian coachman, whom I accuse only of involuntary exaggera- tion) has been an eye-witness of what he pretends ; but some may have seen enough to sketch or picture a tale upon sufficient encourage- ment, the outline being filled up and the picture coloured by the guess of his fellows during the safer, and perhaps, yet more, during the dangerous proximity to his co-witness enforced by the system of the Mofussil police. I consider that the treatment, tbe wounds, the con- duct, have been all palpably and grossly misdescribed not merely exaggerated. As to the deaths, there is at least a strong moral proba- bility that the rumour of the death by cholera may be correct as to one, if not of both : if it be otherwise, I should say no man can draw any conscientious conclusions whatever from the evidence. All is vague. It is lamentable that it should be so ; but how much more lamentable would it be that, in order to arrive at any affirmative judgment, we should venture to condemn even the meanest of our brother-men upon conjecture ?" The following is the reply put in by Mr. Trevor and Shumbo Nauth Pundit, conducting the prosecution on the part of Govern- ment : 163 "Sept. 7th, 1853. " Before proceeding to ofier the remarks we may consider it our duty to make upon the case in general, we would wish to express publicly the satisfaction we hare received from the testimony borne by both the learned counsels for the defence to the manner in which the prosecu- tion has been conducted by us. It has been our endeavour to conduct the case with the spirit of fairness towards the accused, and it is a pleasure to us to learn that in this attempt we have not been unsuc- cessful. We also beg to be allowed to add our testimony to that of the learned counsel for the defence, to the great consideration that has been evinced throiigh the course of this trial by the Court towards the accused. Mr. Clarke, the learned counsel for five of the accused, Aman Ali Khan, Musserut Ali Khan, Jowahir Ali Khan, Meah Ekbal, and Meah Belal, lias contented himself with calling witnesses to character. We have, therefore, only to beg the Court to bear in mind that where the point at issue is, whether the accused have committed a particular act, evidence of their general good character is obviously entitled to little weight unless some reasonable doubt exist as to their guilt. There are one or two facts given in Mr. Clarke's defence which do not exactly correspond with the evidence as taken down by us. For the clearing up of these discrepancies we shall have to ask you to refer to your notes after we have finished this reply. The other learned counsel, Mr. Montriou, defends five of the accused, Meah Urjoomund, Hajee Tamas, Meah Afreen, the Urzbeggy Imam Ali, and Mirza Mahomed Hoseain, alias Moghul Jan. For the two first- named the evidence given in defence is evidence to character. The defence for Meah Afreen is, that he was not the servant of the Nawab at all, but of the Nawab Begum, and sent by that lady to His High- ness with a letter of condolence after the occurrence of some injury to His Highness's person. The defence of Meer Imam Ali, the Przbeggy, is, that his duties were of such a nature as to keep him so late of a night with the Nawab as to render his participation in the perpetration of a crime charged nearly an impossibilty. The defence for Mirza Mahomed Hossain is, that his particular business was to be in attend- ance upon the Khan Sahib, Aman Ali ; that the nature and times of that attendance were such as to be wholly inconsistent with the con- duct attributed to him by the witness for the prosecution. The defendant, Fureed Khan, denies the charge of having beaten one of the deceased, and calls witness to prove his defence. The defendant, Joomun Shaik, sets up an alibi as his defence, but calls no witness to prove it. The defendant, Peer Khan, who confessed before the magis- trate, denies before this Court, but calls no witnesses. " Before proceeding to notice how far the several defendants have substantiated their respective defences, we have a few remarks to offer upon the case generally. The first thing is, that the matter was first reported by the Shahnvggur Daroga as a rumour : we submit that it was natural it should be so. The crime was not committed in the Moorshednbad district at all. On the return of His Highness from the hunting expedition the rumour naturally began to be rife in the city, and it was strictly the Daroga's duty, as laid down in Section iv., Clause i., Regulation xx. of 1817, to make the report he did. Another point requiring notice is the retinue that accompanied M 2 164 His Highness upon this occasion. The learned counsel for the de- fendant Urjoomund, aud others, would seem to suppose that the whole Court of the Nawab accompanied him in this expedition ; but this nowhere appears in the record, nor is it natural that it should be the fact It is more natural to suppose that on these occasions His Highness would lay aside some of his usual state ; indeed, one witness, Mahomed Amrru, distinctly deposes to a not unimportant fact, viz., that all the Meahs, except Aman Ali, dined with His High- ness every day, Aman Ali doing so occasionally. " The next point to be noticed is the evidence adduced for the prosecution. The witnesses we have considered our duty to produce have, some of them, been subjected to a cross-examination as, wo will venture to assert, has seldom been heard in our native courts of justice. They have been questioned not only on points bearing on the case, but on matters quite irrelevant They have been in the box, some of them a whole day, one man a day and a half; and, after all, what contradictions have been elicited from them ? Very few, we maintain, on any material point ; and all the contradictions are of such a nature as to prove rather the truth of the main story, than that these men have hanged together to bring punishment and disgrace on the heads of the accused We appeal to the demeanour of the prin- cipal witnesses in the box as a proof that what they deposed to was, in the main, true. " The counsel for the defence, Mr. Montriou, admits the cool de- meanour of one, and attributes it to pertness and over-zeal. We assert that it is ridiculous to suppose that these fakeers and menials should have stood the cross-examination they did, and in the manner they did, had their evidence been fouuded on a lie. The leper, the itinerant vendor of smoke, the ' ticca,' scullion (also called the ' beea ' vagabond), the tailor, to have in a great measure, if not entirely, baffled the efforts of two Supreme Court Barristers, is a proof to our mind, not of the want of talent in the counsel, but of the support the witnesses had in the knowledge that they were in the main speaking the truth. They differ as to the tune of the several occurrences ; it is only natural that they should Months have elapsed since the occurrence took place, and had they all agreed as to time we should have heard that such ' unanimity was wonderful.' They differ as to the mode in which the two deceased persons were conveyed from one place to another. Of what consequence is a discrepancy on such a point as this? We are told of conspiracy. Where are the con- spirators ? Would not any one conspiring have brought forward witnesses of a superior walk of life to those adduced for the prosecu- tion ? Would His Highness have continued in his service up to the present time (as he has several of the witnesses) parties conspiring to bring ruin and disgrace upon a man high in his favour and service ? The poverty and low state of the witnesses for the prosecution have been much insisted on by the learned counsel for the defence. We glory in them they are our strength. It is stated by the learned counsel for Urjoomund, and others, that in all cases the best evidence is to be given. To this axiom we assent ; but venture to think, that in his application of it the learned counsel is in error. The axiom refers to the evidence best in quality, not best in strength. We assert 165 that in quality no evidence can be better than that produced for the prosecution, being as it is the evidence of those who profess to have seen with their own eyes the facts they depose to. " The next point calling for notice is the non-appearance of the father of the deceased, Muddee. This is a thing of frequent occur- rence in this country so frequent, that, as long ago as 1822, a regulation was necessary to authorise the punishment of parties when, in cases of murder, the heir of the slain refuses to prosecute. We are confident that to this fact no weight will be attached by the Court, especially when the accused are, as one of them in the present case is, men of wealth and influence. The next point to be noticed is the evidence of the English coachman in the service of His Highness, George Shapcott. Both the learned counsel for the defence mention in terms of commendation the manner in which this evidence was given, and we are also ready to agree with those gentlemen. This witness implicated only one of the defendants as actually beating ; but his evidence is very strong as to the state of the bodies of the de- ceased shortly before death at Gujol the only place he saw them after he had seen one of them at Newgurriah ; as at Purranpore he was encamped on the other side of an indigo factory, away from the rest of the lushkur, and at Allal on the other side of the river. His description is borne out as to one of the deceased, Hinaoo, by the two Bhistees, who brought water to wash the body, and whose evidence, with due deference to the learned counsel, Mr. Montriou, we consider in every way trustworthy. This evidence has, we presume, put an end to the defence set before the magistrate, that the deceased died of cholera, and we moreover beg to remark, that not one single witness deposes to the prevalence of cholera in the camp, as stated by Mr. Montriou. The number of persons in the camp were, as far as appears, about 2,000, and during the two months the hunting party lasted, not a single witness deposes to the deaths amounting to one dozen! a very different state of things from what would have been had cholera been prevalent. The inferences to be drawn from the evidence as to the state of the bodies a short time before and immediately after the death, as deposed to by George Shapcott, the two Bhistees, and the apprentice who attended them, that is, from some cause or other, the bodies were in a dreadful state of lacer- ation ; and connecting their appearance with the beating and torture as deposed to by the other witnesses, we have, in the absence of any attempt to prove how their bodies became in such a state, a right to connect the two as cause and effect. Besides the English coachman, there is another witness, whom we suppose the learned counsel for the defence will allow to be respectable we refer to Mahomed Amrru, the Emmuck, the Darogah of the tents, the sharer of Aman Ali's tent. The Court will doubtless bear in mind the very unwilling manner in which this man gave his testimony the explanation he offered relative to the pal being pitched so near .the Meah's tent ; and how he admitted that all the Meahs dined every day with His Highness ; but it has been attempted to be proved that it would be derogatory to the dignity and high position of Aman Ali Khan even to go to their tent. The servant degraded by entering the tent of those his master de- lighteth to honour ! ! ! 166 " We now proceed to remark on the defence set up by the defendants, who have called evidence besides that to character. For the defence of Meah Afreen two witnesses are called. We grant that this de- fendant is not a servant of the Nizamut, but it is proved that he was at Purranpore the day the camp arrived, and the following night, by both his witnesses ; and one of them, Hossain Bur, would have the Court believe that this man, who accompanied His Highness of a day out hunting, was at night fain to sleep under a tree with the servants. The parties who were charitable enough to have a pal put up for a dying Fakeer and the son of a Khawas within a few paces of the Meah' s tent, had not hospitality sufficient to offer the shelter of a tent at night to Meah Afreen, the companion all day in hunting of His Highness. Further comment on such evidence as this is quite unneces- sary. For the defence of the Urzbeggy Emam Ali, one witness alone appears, and all that lie says is that the defendant used to go to His Highness when called for, but that there was no exact time for attend- ing. This falls far short of the defence set up and requires no com- ment from us. For the defendant Mirza Mahomed Hossain, alias Moghul Jan, two witnesses are called. It would appear that this man is a sort of Perunneah, or Robokarnuvees ; the office he bears being that of Naib Meer Moonshee, certainly nothing of a confidential nature, although it may be called in one sense literary. The defendant Fureed Khan calls witnesses to prove that he never beat at Nowgurriah the the deceased Muddee- His witnesses were four in number ; three were examined. Of these two were camel-drivers, and one was a mate Mahouth. These men came prepared to swear through thick and thin, that they accompanied Fureed Khan on the occasion in question to Nowgurriah, that they were with him all the time he was there, and that he did not on that occasion beat anybjdy. The first witness was duly cross-examined, and nothing was elicited inculpating any of the defendants. Mukhoo, was the mate Mahouth, and went on foot to Nowgurriah while the others rode on camels. He had been cross-examined by Mr. Trevor, and he had sat down, when the Court asked him by whose orders the camels were sent to Nowgurriah He then mentioned Aman Ali's name, and was soon after cross-examine:! at great length by Mr. Clarke, the learned council for Aman Ah, but nothing was elicited from him at all contradictory He said that he remained with the camels at the tent of the Meahs, while the three camel-drivers went to the Khan's tent. He was asked if he heard the Khan give the order, he said " No," but that he had heard from the three camel-drivers who had gone to the Khan's tent, that he had given the orders for them to go to the Burra Sahib and do what he told them. His account was perfectly natural. There was a crowd at the place where he was, but that he could swear he h ard from the camel-drivers that they had received orders from Aman Ah' Khan. Of course he could. These three men men alone, as far as he knew, went to the Khan's tent for orders. The next witness was Bakeer Ali, one of the three camel-drivers who went to Nowgurriah with Fureed Khan, and who were stated by the witness last referred to to have gone to the tent of Aman Ali. It was elicited by a question from the Mohic, that the two camels were taken, by Aman All's order, to Nowgurriah ; that he told the drivers to go to the 167 B iii-rah Sahib for orders ; that they went ; that the Burra Sahib gave them a chit to one Jeehunal at Nowgurriah, and told them to take Muddee (one of the deceased) there. That they did so. He also swore distinctly that Fureed Khan did not hit any one at Nowgurriah. Now we allow that what these men, said about Fureed Khan is totally false but that does not taint all their evidence. We affirm that there is hardly ever a case in which influential parties are concerned, in which the principle of rejecting part and adopting part of a witness's evidence is not called into play. In affray cases especially, we may re- mark, there is always an attempt to inculpate either the Zemindars themselves, on whose behalf the affray took place, as being actually present ; or, if they are not named, their principal servants are. In numberless instances the evidence of the same witness is considered as worthy of belief, quoad the latteals, and rejected quoad the Zemindars or their servants. It is a satisfaction to us to be able to state that the principle we contend for is recognised in England. The rule is thus laid down in ' Taylor on Evidence,' pages 949-950 : ' Where a party being surprised by a statement of one of his witnesses calls other per- sons to contradict in a particular fact, the Judge is not on that account authorised in rejecting the entire testimony of the contradicted witness. The discrepancy may, indeed, form a fair topic for counsel as to the degree of credit to which the witness is entitled, but the whole evidence must go to the jury, who may be perfectly justified in believing one part of it and rejecting the other.' If this is applicable to England, where the sanction of an oath is much regarded, how much more ap- plicable is it to India, where unfortunately, an oath is no guarantee for truth ! That principle we apply here. We would reject the evidence of these men as to Fureed Khan's innocence, contradicted as it is by that of George Shapcott, and adopt it as to Aman Ali. The Court will doubtless remember the manner in which the facts inculpating Aman Ah were elicited from these witnesses, the manner in which they gave their evidence, and the vain attempts of the learned counsel to make them contradict themselves. We have no doubt that the evidence of these two men will have due weight with the Court. " Before finally dismissing this defendant Fureed Khan, we beg to direct the attention of the Court to his defence. In two points he corroborates the evidence of the prosecution He says that on the day of the theft His Highness returned from hunting at one o'clock, and he also states that Muddee started from Nowgurriah on a camel. That on the road they met Moghul Jan and Buara Sahib, who took him on an elephant. The fact deposed to by one of the witnesses for the pro- secution, that he did return on an elephant, has been much insisted on as a serious discrepancy by Mr. Montriou. " It only remains for us to notice a point relative to one of the charges which has been animadverted upon by the learned counsel for the de- fendant Aman Ali Khan we allude to the third account, which charges the defendants with ' privity ;' the meaning of this term is thus explained in C.O., No. 8 of vol. iv. (page xxiii. of the Addenda of Beaufort's Guide, 132a) : ' The act which- constitutes what is called " privity " in this country corresponds with " misprision of felony " in English Law, viz , the concealment of a felony which a man knows but never assented to, or the observing silently the commission of a 168 felony without using any endeavours to apprehend the offender. It i.s, therefore, strictly an offence of a negative kind, consisting in the con- cealment of something that ought to be revealed.' " Accessoryship, on the other hand, is an offence of a positive kind and of a higher degree of criminality, implying an active preparation, either by procuring, counselling, commanding, or abetting another to commit a felony, or with a knowledge that a felony has been committed by another, by receiving, relieving, comforting, or assisting the felon. The distinction between the two offences is marked the one is a mis- demeanour in English Law, the other is a felony ; the one is in its kind negative, requiring nothing but silent, passive acquiescence ; in the commission of a felony, either by counsel and command before the act, or by relief and assistance given to the felon after the fact. It ap- pears then, that to have made this charge intelligible to the learned counsel for the defence we must have used the term ' misprision of felony,' which would not have been allowed by the Court to remain in the calendar. We now conclude this reply, leving the result with all confidence in the hands of the Court, feeling sure that every justice will be done in the matter. "(Signed) E. TREVOR, ( ) SHUMBONAUTH PUNDIT, " Conducting the prosecution on the part of Government' " 7th September, 1853." The following is the report by Mr. Money, the Sessions Judge of Moorshedabad, to the Sudder Nizamut Adawlut, at Calcutta : To the REGISTRAR of the SUDDER NIZAMUT ADAWLUT. " Fort William. " SIB, I have the honour to submit, for the purpose of being laid before the Court of Nizamut Adawlut, the proceedings on the trial noted below, held at the station of Moorshedabad on the 22ud, 23rd, 24th, 25th, 26th, 27th, 29th, 30th, and 31st August, and 5th and 7th September, 1853. " 2. The prisoner pleaded Not Guilty. " Court of the Sessions Judge for the City of Moorshedabad. " Trial, No. 1, of the Sessions Judge for the month of September, 1853-. " Case, No. 7, of the Magistrate of Moorshedabad for the month of July, 1853. GOVERNMENT PROSECUTOR versus "37. Aman Ali Khan (father's name not known), aged 33 years ; 169 date of apprehension, 6th June, 1853, or 25th Jeyt, 1260 ; date of commitment, 30th July, 1853, or 16th Srahein, 1260. Acquitted. " 38 Musserut Ali Khan, son of Abdoola, aged 35 years ; date of apprehension, 6th June, 1853, or 25th Jeyt, 1260 ; date of commit- ment, 30th July, 1853, or 16th Srahem, 1260. Acquitted. " 39. Syud Emam Ali, son of Syud Buher Ali, aged 52 years ; date of apprehension, 6th June, 1853, or 25th Jeyt, 1260 ; date of commit- ment, 30th July, 1853, or 16th Srahem, 1260, Fourteen years' labour in irons. "40. Joahir Ali Khan (father's name not known), aged 60 years ; date of apprehension, 6th June, 1853, or 25th Jeyt, 1260 ; date of com- mitment, 30th July, 1853 or 16th Srahem, 1260. Acquitted. "41. Meah Urjoomund, son of Abdoola, aged 30 years ; date of apprehension, 6th June, 1853, or 25th Jeyt, 1260 ; date of commit- ment, 30th July, 1853, or 16th Srahem, 1260. Acquitted '42. Meah Afreen (father's name not known), aged 30 years; date of apprehension, 6th June, 1853, or 25th Jeyt, 1260 ; date of commitment, 30th July, 1853, or 16th Sahrem, 1260. Acquitted. "43. Meah Belal (father's name not known), aged 27 years; date of apprehension, 6th June, 1853, or 25th Jeyt, 1260 ; date of commit- ment, 30th July, 1853, or 16th Srahem, 1260. Acquitted. " 44. Meah Ekbal (father's name not known), aged 25 years ; date of apprehension, 6th June, 1853, or 25th Jeyt, 1260 ; date of commit- ment, 30th July, 1853, or 16th Srahem, 1260. Acquitted. " 45. Hajee Tamash, son of Abdoola, aged 50 years ; date of ap- prehension, 6th June, 1853, or 25th Jeyt, 1 260 ; date of commitment, 30th July, 1853, or 16th Srahem, 1260. Acquitted. "46. Mahomed Fureed, son of Bahoo, aged 26 years; date of apprehension, 6th June, 1853, or 25th Jeyt, 1260 ; date of commit- ment, 30th July, 1853, or 16th Srahem, 1260. Fourteen years' labour in irons. " 47, Mirza Mahomed Hossain, alias Moghul Jan, son of Mirza Ali Khan, aged 30 years ; date of apprehension, 15th June, 1853, or 2nd Assar, 1260 ; date of commitment, 30th July, 1853, or 16th Srahem, 1260. Acquitted. " 48. Joomun Shaik, son of Akaloo Shaik, aged 40 years ; date of apprehension, 17th June, 1853, or 4th Assar, 1260 ; date of com- mitment, 30th July, 1853, or 16th Srahem, 1260. Fourteen years" labour in irons. " 49. Peer Khan, son of Shanduth Khan, aged 50 years ; date of apprehension, 21st June, 1853, or 8th Assar, 1260 ; date of commit- ment, 30th July, 1853, or 16th Srahem, 1260. Fourteen years' labour in irons. Charge. " The prisoners charged, on the first count, with the wilful murder of Hingoo and Muddee. " On the second count, with being accessories before and after the fact. " On the third count, with privity to the said crime. 170 " On the fourth count, with torturing and beating the said Hingoo and Muddee, deceased. " On the fifth count, with aiding and abetting in the said torture and beating. " On the sixth count, with privity to the said torture and beat- ing. ' On the seventh count the prisoner, No. 37, is charged with having issued orders for the said torture and beating " Date of the deceased being seized, 31st March, 1853, correspond- ing 19th Cheyt, 1259. " Dates of their deaths. 5th and 6th April, 1853, corresponding with 24th and 25th Cheyt, 1259, respectively. The prisoners have been in jail from 7th July, 1853. " 3. The history of this painful case is briefly told. The time occu- pied does not extend over more than five or six days. His Highness the Nawab Nazim of Moorshedabad, during a shooting excursion in the district of Maldah, pitched his camp on the 30th March last at a village called Purranpore. On the 3rd April the camp proceeded to A Hal, and from thence on the 5th April to Ghijol, both villages in the same district. "4. Two men Hingoo, a fakeer, and Muddee, whose father is a gholam in the service of the Nizamut accompanied the camp. "5. The prisoners, 37, Aman Ali Khan ; 38, Musserut Ali Khan ; 39, Syud Imam Ali ; 40, Joahir Ali Khan ; 41, Meah Urjoomund ; 43, Meah Belal ; 44, Meah Ekbal ; 45, Hajee Tamash ; and 47, Mirza Mahomed Hossain, alias Moghul Jan, formed a part of His Highness's suite : 42, Meah Afreen, had joined the camp, having been sent on a special errand by the Nawab Begum Sahib : 46, Mahomed Fureed was a camel-driver ; and 49, Peer Khan, amahouth in His Highness's service : and 48, Joomun Shaik, was the servant of 37, who was the Urzbeggy of His Highness ; the prisoner 38 hold- ing also a high office in the Ni/amut ; and the prisoner 37 was the chief and confidential eunuch, having the general control over all His Highness's arrangements during this excursion. " 6. The principal tents in the camp belonged to His Highness, Aman Ali Khan, and the eunuchs. His Highness occupied the centre tent, on one side of which was the tent of Aman Ali Khan, and on the other the tent of the eunuchs. They were generally pitched at a short distance from each other. " 7. On the morning of the 31st March, while His Highness, with the greater part of his suite, was out shooting at Purranpore, a tin box containing property to the value of above rupees 700, belonging to the prisoner 41, was missing. Hingoo and Muddee were seized on suspicion of having stolen the box, and throughout the day, before and after His Highness's return, it would appear were tortured and beaten for the purpose of inducing them to confess and point out the property. '' 8. The same night Muddee was conveyed on a camel to a place called Nowgurriah, about eight or nine miles from Purranpore, that he might point out a ghareewan to whom, he said, he had given the property He was then- unmercifully beaten, when lie