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these measures, however ruinous to himself, indicated no enmity to the English, nor were they productive of any effects injurious to the English interests. And it is plain, that the said Warren Hastings and his Council were perfectly aware, that their motives or pretences for withholding the tribute were too weak to justify their conduct, having principally insisted on the reduced state of their treasury, which, as they said, rendered it impracticable to comply with those payments. The right of a creditor does not depend on the circumstances of the debtor; on the contrary, the plea of inability includes a virtual acknowledgment of the debt, since, if the creditor's right were denied, the plea would be superfluous.

That the East-India Company, having on their part violated the engagements, and renounced the conditions, on which they received, and have hitherto held and enjoyed, the Dewanny of Bengal, Bahar, and Orissa, from the king Shaw Allum, have thereby for feited all right and title to the said Dewanny arising from the said grant, and that it is free and open to the said king to resume such grant; and to transfer it to any other prince or state ;-that, notwithstanding any distress, or weakness, to which he may be actually reduced, his lawful authority, as sovereign of the Mogul Empire, is still acknowledged in India, and that his grant of the Dewanny would sufficiently authorize, and materially assist, any

prince or state, that might attempt to dispossess the East-India Company thereof, since it would convey a right, which could not be disputed, and to which nothing but force could be opposed. Nor can these opinions be more strongly expressed than they have been lately by the said Warren Hastings himself, who, in a Minute, recorded the 1st of December 1784, has declared that, "fallen as the house of Timur is, it is yet the relick of "the most illustrious line of the Eastern world ; "that its sovereignty is universally acknowledged, "though the substance of it no longer exists; and "that the Company itself derives its constitutional "dominion from its ostensible bounty."

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That the said Warren Hastings by this declaration has renounced and condemned the principle, on which he avowedly acted towards the Mogul in the year 1773, when he denied that the Sunnuds or grants of the Mogul, if they were in the hands of another nation, would avail them any thing; and when he declared, "that the sword, which gave us

the dominion of Bengal, must be the instrument "of its preservation; and that if it should ever

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cease to be ours, the next proprietor would de"rive his right and possession from the same "natural charter." That the said Warren Hastings, to answer any immediate purpose, adopts any principle of policy, however false or dangerous, without any regard to former declarations made,

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or to principles avowed on other occasions by himself; and particularly, that in his conduct to Shaw Allum he first maintained, that the grants of that prince were of no avail; that we held the dominion of Bengal by the sword, which he has falsely declared the source of right, and the natural charter of dominion; whereas at a later period he has declared, that the sovereignty of the family of Shaw Allum is universally acknowledged; and that the Company itself derives its constitutional dominion from their ostensible bounty.

III. BENARES.

PART I.

Rights and Titles of the Rajah of Benares.

I.

THAT the territory of Benares is a fruitful, and has been, not long since, an orderly, wellcultivated, and improved province; of great extent; and its capital city, as Warren Hastings, Esquire, has informed the Court of Directors, in his letter of the 21st of November 1781, " is highly revered by the natives of the Hindû persuasion; so that

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many, who have acquired independent fortunes, "retire to close their days in a place so eminently distinguished

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distinguished for its sanctity:" and he further acquaints the Directors, "that it may rather be "considered as the seat of the Hindu religion, "than as the capital of a province. But as its "inhabitants are not composed of Hindûs only, "the former wealth, which flowed into it from the "offerings of pilgrims, as well as from the trans" actions of exchange, for which its central situation " is adapted, has attracted numbers of Mahomedans, who still continue to reside in it with their "families." And these circumstances of the city of Benares, which not only attracted the attention of all the different descriptions of men, who inhabit Indostan, but interested them warmly in whatever it might suffer, did, in a peculiar manner, require, that the Governour-General and Council of Calcutta should conduct themselves with regard to its rulers and inhabitants, when it became dependent on the Company, on the most distinguished principles of good faith, equity, moderation and mildness.

II.

That the Rajah Bulwant Sing, late prince or Zemindar of the province aforesaid, was a great lord of the Mogul empire, dependent on the same, through the Vizier of the empire, the late Sujah ul Dowla, Nabob of Oude; and the said Bulwant Sing, in the commencement of the English power,

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did attach himself to the cause of the English Company; and the Court of Directors of the said Company did acknowledge, in their letter of the 26th of May 1768, that "Bulwant Sing's joining "us at the time he did was of signal service, and "the stipulation in his favour was what he was justly entitled to;"-and they did commend "the care, that had been taken (by the then Pre"sidency) of those, that had shown their attach"ment to them (the Company) during the war;" and they did finally express their hope and expectation in the words following: "the moderation "and attention paid to those, who have espoused "our interests in this war, will restore our reputa"tion in Hindostan, and that the Indian powers "will be convinced, NO breach of treaty will ever "have our sanction."

III.

That the Rajah Bulwant Sing died on the 23d of August 1770, and his son, Cheit Sing, succeeding to his rights and pretensions, the Presidency of Calcutta (John Cartier, Esquire, being then president) did instruct Captain Gabriel Harper to procure a confirmation of the succession to his son Cheit Sing," as it was of the utmost political im"port to the Company's affairs; and that the

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young man ought not to consider the price to be paid to satisfy the Vizier's jealousy and avarice."

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