Extract from the Proceedings of the Board.

• Sir EYRE COOTE, abſent.
• Mr. BARWELL, retired.

Mr. Francis. I move that the Company's orders, for the immediate reinſtatement of Ma⯑homed Reza Cawn in the offices he held in January 1778, be carried into execution, and that a copy of the laſt paragraph of the Com⯑pany's letter of the 4th of February 1779, toge⯑ther with an exact Perſian tranſlation thereof, be tranſmitted to the Nabob Mobarruck ul Dowla, and to Mahomed Reza Cawn, with a requiſi⯑tion on the part of the Governor General and Council to the Nabob, to conform to the in⯑junctions of the Court of Directors expreſſed in that paragraph. This motion of courſe ſup⯑poſes that the Governor General ſhall be re⯑queſted to ſignify the reſolution of the Board on this ſubject, in the uſual manner, by Letter to the Nabob.

[14] Mr. Wheeler. I agree to the motion.

Governor General. I muſt beg leave to decline an immediate anſwer to the motion, which I will deliver at our next meeting, which it has been agreed ſhall be held to-morrow morning.

Mr. Francis. I muſt beg that a formal reſo⯑ſolution on the motion may be taken now. It could not be unexpected, and the more ſo, as I particularly requeſted Mr. Barwell to ſtay. I cannot therefore be ſuſpected of want of can⯑dor in preſſing for the reſolution now. I came determined to propoſe it.

Governor General. Since Mr. Francis, taking an advantage of the abſence of one of the mem⯑bers, has inſiſted on an immediate deciſion of the queſtion, I am compelled to give my affir⯑mative or negative to it. I have declared that I am not come prepared to deliver my opinion upon a ſubject of ſo much delicacy, and in⯑volving ſo many conſequences. I ſhould have been glad to have been allowed ſome time to conſider the nature and tendency of the order, and to have accommodated the execution of it to all the circumſtances which ought to be taken into conſideration in the determination upon it: the time that I have required is but the ſhort interval between this hour of three in the after⯑noon, and the hour of ten to-morrow morning; [15] however, as this privilege is now denied me, I ſhall in this place, and at this time, ſimply content myſelf with delivering my negative to the motion in the terms in which it is made.

Mr. Francis. I could have no idea of avail⯑ing myſelf of Mr. Barwell's abſence. Every Gentleman at the Board I believe heard me ſolicit him to ſtay; much leſs could I have a view of ſurprizing the Governor General on a ſubject on which he might be unprepared. The Company's Letter was received on Saturday the 13th inſtant, though it has happened that I my⯑ſelf did not ſee it till Friday laſt.

Reſolved in the affirmative.

Council, 23 Nov. 1779.

PRESENT,

• The GOVERNOR GENERAL,
• Mr. BARWELL,
• Mr. FRANCIS,
• Mr. WHELER.

The Governor General moves, That the 8th, 9th, 10th, &c. to 20th paragraphs of the ſeparate general letter by the Barker, dated the 4th February, 1778, with Mr. Francis's motion, and the reſolution of the Board thereon be again read.—Agreed.

The Governor General moves, That the Opi⯑nions of the Board be taken, whether the above reſolution ſhall be approved.

Mr. Wheler. I ſhould be glad to aſk the Governor General, whether he makes this motion upon the principle of confirming the minutes of the former Council, or on account of the abſence of Mr. Barwell at the time when the Queſtion was debated?

The Governor General. I have put the queſ⯑tion in conformity to the conſtitution and actual [17] exiſting rule of this Government, that all acts and orders paſſed at any meeting of the Board ſhall be approved in the ſucceeding Council, to give them their ſanction; and I avail myſelf of this right, on account of the advantage which was yeſterday taken on account of Mr. Barwell's abſence.

Mr. Wheler. I am very ſorry to be under the neceſſity of obſerving, that although I have had the honour of ſitting at this Board hear two years, it is, to the beſt of my recollection, the very firſt inſtance that the order, neceſſary to give a ſanction to our proceedings, as deſcribed by the Governor General, has been complied with, in the ſenſe I believe it is now meant. I ſee no occaſion for the preſent queſtion, and therefore I am againſt it.

The Governor General. It is not neceſſary that this form ſhould be obſerved in every inſtance. It is always ſuppoſed, when the Members of the Board tacitly agree to the omiſſion of it, the for⯑mular preface of every conſultation being ſuffi⯑cient to imply it.

Mr. Wheler. The minutes of every Board or Public Aſſembly that I have had the honour to attend, are conſtantly read at a ſubſequent meet⯑ing of ſuch Board or Aſſembly, in order that [18] every member may be fully ſatisfied that what he has ſaid or entered upon the records is faith⯑fully repreſented or tranſcribed. But I know not a ſingle inſtance when the minutes of any Board or Aſſembly have been read at a ſubſe⯑quent meeting with a view to overſet the reſolu⯑tions of a former meeting; if that was admitted in numerous aſſemblies, no queſtion could ever be finally decided. The objection, in my opi⯑nion, if it is ſo meant, holds equally ſtrong, and I am convinced will be treated with equal diſguſt by our ſuperiors, as they have already treated an act not very diſſimilar to this.

Mr. Francis. The reſolution taken yeſterday was legal and compleat; it wants no confirmation, though it may be reverſed. The official form obſerved in the proceedings of a former Go⯑vernment, and continued under ours, is merely a form; and ſo little is it ever regarded, that the orders of one Council are conſtantly executed, if the time permits, before the meeting of the next.

Mr. Wheler has aſſigned the true and only reaſon for the obſervance of ſuch a form: what⯑ever uſe or convenience there may be in continu⯑ing to obſerve it, it cannot operate againſt a poſitive proviſion of an act of Parliament, made ſince the form in queſtion was firſt inſtituted, and [19] which, of courſe, ſuperſedes it, if in reality it had ever had the effect and operation which the Governor General now attributes to it.—The law ſays, ‘"That in all caſes whatſoever, wherein any difference of opinion ſhall ariſe upon any queſtion propoſed in any conſulta⯑tion, the Governor General and Council ſhall be bound and concluded by the opinion and deciſion of the major part of thoſe pre⯑ſent."’—The concluſion, by which the Council is bound, is inſtant and abſolute; there is no reference to the confirmation of a ſub⯑ſequent meeting. I am ſorry the Governor General ſhould repeat an objection, already, as I think, compleatly anſwered. I am not to blame if Mr. Barwell, notwithſtanding my ur⯑gent requeſt to the contrary, left the Board yeſ⯑terday at an early hour. I ſhould have been much better pleaſed if he had ſtaid, becauſe I ſhould then have had the labour of one debate only, inſtead of two. On this ſubject I need ſay nothing more, ſince the Court of Directors themſelves have taken it up in a ſimilar inſtance, and given their opinion decidedly upon it, in the 15th paragraph of the letter now before us.

Mr. Barwell. Had the reſolution ſimply gone to the execution of the Company's orders, from the ſentiments delivered by the Governor General at the laſt meeting, the preſent queſtion would not have been agitated. His objection [20] to Mr. Francis's motion ſtrikes me as confined to the mode that motion preſcribes for carrying thoſe orders into execution. Mr. Francis's mo⯑tion, in my opinion, conveys ſuch ſentiments as are not authorized by the Company's letter. In the body of the motion I find theſe words, ‘"with a requiſition of the Governor General and Council to the Nabob, to conform to the injunctions of the Court of Directors."’ I know of no injunctions that the Court have laid on the Nabob, and I imagine the uſe of any offen⯑ſive terms or improper management on a ſubject of ſo delicate a nature, would be highly repre⯑henſible. I therefore vote for reſcinding the reſolution of the laſt Council, ſo far as regards the mode of executing the orders of the Coun⯑cil, but no farther. I agree to the motion, that the order be executed, but am for leaving the manner of doing it to the diſcretion of the Go⯑vernor General. From nothing that the Go⯑vernor General has urged in the courſe of the debate of yeſterday, do I perceive the leaſt diſ⯑poſition in him to decline the inſtructions which the Court of Directors have been pleaſed to give relative to a Naib Soubah.

Governor General. With all the reſpect and ſubmiſſion, which I owe and feel for the autho⯑rity of the Court of Directors, I muſt declare, that I ſhall not yield, even to that authority, in any inſtance, in which it ſhall require my con⯑ceſſion [21] of the rights which I hold under an act of Parliament. Thoſe rights are formal obli⯑gations, with which I am not permitted to diſ⯑penſe; neither can I optionally relinquiſh my own claim to a practice which was followed by Mr. Francis himſelf, when he formed one of the majority of the Council, and which receives the approbation of the Court of Directors them⯑ſelves. I acknowledge the obligation I owe to Mr. Francis for the trouble he has taken in helping me to one inſtance in conſultations 14th September 1775, in which a reſolution paſſed at the preceding conſultations, which was contrary to the ſenſe and general tenor of the meaſures propoſed by the ruling members of the Board, was reſcinded by a following motion, for⯑mally introduced and made by myſelf. If this mode is illegal or irregular, it was equally ſo as at that time; but Mr. Francis then made no objection to it, but, in the opinion deli⯑vered upon my motion, ſimply ſaid, He thought the order ſhould be repeated. I recollect alſo, that in a ſimilar inſtance motions were made, either by Mr. Francis or by the other members of the majority in concert with him, for read⯑ing and confirming the proceedings held by them during the abſence of Mr. Barwell and my⯑ſelf, both in this and in the revenue department. I will not take up the time of the Board in look⯑ing out for the inſtances, but ſhall deſire the [22] ſecretary to annex them to this minute. The evident intent of theſe motions was to authen⯑ticate all the acts which were conſidered by the members of the majority as the legal acts of the Board, but were diſputed and diſavowed by Mr. Barwell and myſelf; and, by obtaining ſuch a formal approbation of them, to remove the ob⯑jections which had been made, or which might lie againſt their validity. Reſpecting the que⯑ſtion now before the Board, I diſapprove of the Reſolution, as not being warranted by the Or⯑ders of the Court of Directors; and I think it would be diſingenuous and unjuſt in this Board to exceed the poſitive orders of the Company, in annulling a conceſſion made by them to the Nabob, and acknowledged as his due.

Mr. Francis. The Governor General has very fully proved a propoſition which has never been diſputed; that a reſolution taken at one Board may be reverſed at the next. I muſt have loſt my memory and my ſenſes if I had denied it. I do not make profeſſion of ſuch extraordinary candour, as to furniſh an opponent with argu⯑ments againſt myſelf. In pointing out to the Governor General the conſultation of the 15th September 1775, I meant to give him an in⯑ſtance in point, which I thought eſtabliſhed a concluſion directly the reverſe of that which he has drawn from it. The Court of Directors will find, in the proceedings of that day, that I entered a Diſſent and Proteſt againſt a Reſolution [23] taken at the preceding Council, but that I nei⯑ther diſputed its validity, nor propoſed to re⯑verſe, or even to reconſider it. The propoſition for that purpoſe came from the Governor Gene⯑ral himſelf, and was ſtrictly regular and legal. It would have been in point had he proved that, in the caſe in queſtion, I inſiſted that the reſolu⯑tion of the preceding day wanted the confirma⯑tion of the next, and that on that ground I had propoſed to reconſider it. With reſpect to the preſent queſtion, the inſtance proves nothing. In the other examples quoted by the Governor General, and which I perfectly remember, the fact was this: The legality of the ſeparate meet⯑ings held by General Clavering, Colonel Mon⯑ſon, and myſelf was expreſsly and formally de⯑nied. That reaſon alone, I preſume, induced General Clavering to propoſe, and Colonel Mon⯑ſon and myſelf to agree, that the reſolutions taken in ſuch ſeparate meetings ſhould be con⯑firmed at the next full meeting of the Board. Whether ſuch confirmation was neceſſary or not, the example does not ſupport the Governor Ge⯑neral's argument. The queſtion now is, Whe⯑ther acts done at a meeting of the Board confeſ⯑ſedly regular and legal, require any ſubſequent confirmation; not, Whether ſuch meeting was or was not in itſelf legal. But, ſetting aſide this ſort of argument; precedents prove nothing againſt a poſitive right, eſpecially where that [24] right itſelf is not in iſſue. We may go on for any length of time, by negligence or agreement, in following forms which nobody regards. The queſtion is not fairly in iſſue, until they are for⯑mally inſiſted upon and denied, and ſome im⯑portant uſe attempted to be made of them. If the motion I made yeſterday did not correſpond with the Governor General's idea of the ſenſe of the Company's orders, I ſhould have held myſelf indebted to him for any amendment he might have thought fit to propoſe; and aſſuredly I ſhould have given it the moſt reſpectful atten⯑tion. The profound ſilence he obſerved made it impoſſible for me to judge whether his objec⯑tion went to the whole of the motion, or to any part of it, or merely to the form propoſed of car⯑rying the Company's orders into execution.

Governor General. Whatever doubts were en⯑tertained of the legality of the acts done by a part of the Board, after my declaration of the diſſolution of the actual meeting, theſe doubts were not entertained by Mr. Francis, who de⯑clared the acts to be legal; therefore, with reſpect to him, the ſubſequent motion and order, to read and approve their proceedings, could not be conſtrued as intended to give them that le⯑gality which they wanted, though they might be covertly intended ſo, by the application of an ancient conſtitutional form to that effect. But [25] I will here cloſe my part of the argument, ſince I perceive that we diſpute only on words, Mr. Francis admitting that a reſolution taken at one Board may be reverſed at the next. I offer to his option that motion which I have already made, or the motion which I now make, That the former reſolution be reverſed. And I hereby declare my opinion for reverſing the former reſolution. Mr. Barwell has already done it in terms. I confeſs that in this pro⯑poſal I am irregular, but I had rather incur that imputation than ſuffer the time of the Board to be any longer waſted by a fruitleſs and a verbal diſpute.

In this place I ſhall beg leave to contraſt my own conduct with Mr. Francis's; that, ſince I have been a member of this or any other go⯑vernment, I have never, in one ſingle inſtance, if I may truſt to my own memory, and the fulleſt conviction of what I aſſert, deſcended to a practice which I ſhould have held unworthy of my own principles, of which I have had too frequent occaſion to complain in Mr. Francis, by taking the advantage of an occaſional and accidental majority to carry any meaſure con⯑trary to the ſenſe of the ruling members. Even in the firſt inſtance, which I have quoted, I introduced a queſtion, for the ſake of giving conſiſtency to the orders of the Board, although it was productive, and ſo intended, of the repeal [26] of a reſolution of the Board, which had received my concurrence at the former meeting of it.

Mr. Francis. I object to both the motions, though for different reaſons. I object to rever⯑ſing the reſolution of the laſt Board, becauſe I deem it a moſt unwarrantable exerciſe of a power, the exiſtence of which I am obliged to admit. No ſpecific reaſon is yet aſſigned for it. To the latter part of the Governor General's laſt minute I ſhall only ſay, that I hope I ſhall not always ſuffer in a compariſon between his prin⯑ciples of action and mine. If he has had too frequent occaſion to complain of my taking ad⯑vantage of accidental majorities, the word fre⯑quent muſt refer to more inſtances than two. It will reſt with him to produce more inſtances, if there are any. I myſelf know of none, in which he has loſt any queſtion by Mr. Barwell's abſence, but that of the one before us, and the former one of the 2d of March 1778, on the ſame ſubject. The reſolution which the Go⯑vernor General propoſed to have reconſidered on the 14th of Sept. 1775, interrupted a ſeries of meaſures formed on a different principle. I think he did right in propoſing to reconſider it. This is a ſingle act, which has no connection with any thing elſe.

Reſolved, That the reſolution of yeſterday be reverſed.

[27] The Governor General moves, ‘"That the plea⯑ſure of the Court of Directors, ſignified in the 20th Paragraph of the general letter of the 4th February laſt, and the aſſurance therein directed to be given to Mahomed Reza Cawn, be communicated to the Nabob Mobareck ul Dowlah in the words of the general letter."’

Mr. Francis. I have no objection to the mo⯑tion as far as it goes; but, if the communica⯑tion of the Company's intentions be not accom⯑panied by a formal requiſition from this govern⯑ment, it is not impoſſible that they may be de⯑feated. I therefore move the following addition to the motion, ‘"That the Governor General be requeſted to ſignify to the Nabob Mobareck ul Dowlah, in the uſual form, the requiſition of the Governor General and Council, for his immediate compliance with the pleaſure of the Court of Directors."’

Mr. Wheeler. I agree to the motion, and like⯑wiſe to the amendment.

Mr. Barwell. I agree to the motion. I can⯑not be a judge of the terms that Mr. Francis would have uſed in the letter propoſed to be written by the Governor General to the Nabob from the general terms in which his amendment is expreſſed. The Governor General can have [28] no objection to ſubmit the terms, in which he makes the communication of the Company's ſentiments to the Nabob and Mahomed Reza Cawn, to the Board before the letters ſhall be ſent. If thoſe are at all defective, ſuch addi⯑tions may be propoſed to them, as, in the judg⯑ment of any of the members, may appear neceſ⯑ſary. I think Mr. Francis is premature in fol⯑lowing the Governor General's motion with another. It ſeems to ſpeak ſome preknowledge of the difficulties to which our government is ſubjected, and that no ſmall degree of coercion muſt neceſſarily ſupport the recommendations of the Company. I give my vote ſimply for the Governor General's motion, reſerving my opinion for any amendments that may be offered to the letters propoſed to be written, when ſuch are offered in preciſe terms, as eſſential to anſwer the intentions of the Company, and conſiſtent with thoſe intentions.

Mr. Francis. The motion is confined to a bare communication of the Company's orders; how it may operate I do not know; but, as this government is the medium through which all the Company's orders are carried into execu⯑tion, it ſeems to me unuſual at leaſt, to leave them, in this ſingle inſtance, to execute them⯑ſelves. As for the reſt, I have no diſtruſt of the Nabob, and hope he will comply with them.

[29] Governor General. I agree to the queſtion. I object to the amendment. My reaſons have been aſſigned in the preceding minutes; I will not therefore repeat them.

Reſolved, In the terms of the Governor Ge⯑neral's motion.

The ſame to Mahomed Reza Khan, mutatis mutandis.

24 November, 1779.

[30] Mr. Francis. I do not diſapprove of the Let⯑ter to the Nabob Mobarek ul Dowla, as far as it goes, except that the whole of the laſt para⯑graph of the Company's Letter of the 4th of Fe⯑bruary ſhould be recited in it. But I think that this recital ſhould be followed by a formal re⯑quiſition on the part of the Governor General and Council, demanding his compliance with the Company's pleaſure. I have no perſonal diſtruſt of the Nabob, but he is too young and inexpe⯑rienced to judge for himſelf; nor am I ſure that very dangerous advice may not be given him by ſome perſons immediately intereſted in the ar⯑rangement of Mahomed Reza Cawn's offices and ſalary. The communication of the Company's pleaſure, in its preſent form, appears to me ir⯑regular, and I believe it to be wholly unprece⯑dented. The authority of the Court of Direc⯑tors over the government of theſe provinces (which in effect is that of the nation over a de⯑pendent dominion) does not act directly and immediately on the things or perſons ſubject to it in India, but always through the medium of their local repreſentatives. The omiſſion of the uſe of this medium, in a ſingle and in ſo remark⯑able an inſtance, may poſſibly ſuggeſt to the Nabob or his adviſers, that there is a reluctance in the Governor General and Council to exe⯑cute the Company's orders, and furniſh them [31] with ſome formal pretence for not complying with them, which otherwiſe would not be at⯑tempted.

For theſe reaſons I deem the propoſed letter eſſentially defective and incomplete, and am therefore againſt it.

My Patron! When the aforeſaid Nabob was firſt appointed to the Naib Subahſhip, it was en⯑tirely on this account, that by reaſon of my tender age I could not tranſact my own affairs in perſon, but required the aſſiſtance of a Naib. When I became of age there was no further oc⯑caſion for a Naib, and I accordingly wrote you on the ſubject, and informed you that I would [32] take on myſelf the management of my own affairs, and had no further uſe for a Naib; and as this was perfectly reaſonable, you, in council, gave your ſanction thereto, and favoured me with a letter, authorizing me to take the admi⯑niſtration on myſelf, and to diſmiſs the ſaid Na⯑bob, which was accordingly done; and from that time to the preſent, the affairs of the Ni⯑zamut, Foujedaree, and Adaulet dependant on the Nizamut have been conducted on that plan by my authority. The letter lately received from the Court of Directors, ſignifying their pleaſure that the ſaid Nabob be reſtored to the Naib Subahſhip, fills me with the greateſt aſto⯑niſhment, nor can I penetrate the motive of it. Perhaps the circumſtance of my having arrived at years of maturity has not yet reached the ears of the Court of Directors in Europe; and not⯑withſtanding the number of children and de⯑pendents which I have, they ſtill reckon me an infant; otherwiſe would they have determined to place my family under the authority of ano⯑ther, and written you for that purpoſe? In a word, it was neceſſary that I ſhould inform you of my ſituation, which I formerly did; and it depended on you to tranſmit ſuch information to the Court of Directors.

It is notorious that the meaneſt of the people will not admit of the authority of a ſtranger in their families, how can it then be expected of [33] me? In a word, I adminiſter the affairs of the Nizamut, which are in fact the affairs of my own family, by my own authority, and ſhall do ſo; and I can never, on any account, agree to the appointment of the ſaid Nabob to the Naib Subahſhip, which would bring the greateſt diſ⯑honour, diſgrace, and contempt on me. I will never, of my own conſent, admit the ſaid Nabob to any authority in the affairs of the Nizamut, Foujedaree, and Adawlet, dependant on the Nizamut; and from motives of juſtice I expect, that regarding the rights which my late father is allowed to have had on the Company, you will never conſent that any compulſion be put in practice againſt me on account of this buſi⯑neſs, and that you will uſe every means for the preſervation of my credit, honour, and dignity.

Council, 15th December 1779.

Mr. Francis. I muſt requeſt the attention of the Board to a ſhort recapitulation of the prin⯑cipal ſteps taken, and declarations made by the Nabob and by this government, in relation to the removal of Mahomed Reza Khan, and to the ſucceeding diſtribution of the ſeveral offices held by him.

[34] In a letter received from the Nabob on the 17th of November 1777, he deſires, ‘"That Munny Begum may be allowed to take on herſelf the adminiſtration of the affairs of the Nizamut, without the interference of any other perſon whatever;"’ and adds that, ‘"by this the Governor will give him compleat ſatif⯑faction."’

In his next letter, he deſires ‘"that Mahomed Reza Khan may be removed,"’ and expreſſes his hopes that, ‘"as he himſelf is now come to years of maturity, and by the bleſſing of God is not ſo devoid of underſtanding as to be in⯑capable of conducting his own affairs, the Governor will give him the management of the affairs of the Nizamut, and of his own houſehold, together with the adminiſtration of the Adawlet and Phouzdarry."’ As the Court of Directors themſelves have fully diſcuſ⯑ſed the claims and pretenſions ſtated in this let⯑ter, I ſhall not attempt to add any thing to their obſervations thereupon.

On the 7th of March 1773, a letter from the Governor informs the Nabob, that ‘"it had been agreed, that his Excellency being now arrived at years of maturity, the control of his own houſehold, and of the Courts dependent on the Nizamut and Phouzdarry, ſhould be placed in his hands, and Mahomed Reza Khan was directed at the ſame time to reſign his autho⯑rity to the Nabob."’

[35] In a letter received from the Nabob, on the 4th of May 1778, he ſays, ‘"he has made choice of Sudder ul Hoc Khan to fill the ſta⯑tion of Naib of his Adawlet and Phouzdarry, and of Raja Gourdoſs for the office of the Nizamut; and deſires that Mahomed Reza Khan's ſalary may be divided between thoſe two perſons and the two Begums."’ On the requeſts contained in the letter, and immediately complied with, I have nothing to add to the remarks ſtated in my minutes of the 7th of May 1778, except that there could not be a groſſer contradiction than firſt to remove Mahomed Reza Khan, on pretence of the Nabob's executing the ſeveral offices himſelf, and immediately after⯑wards to appoint other perſons to execute thoſe offices, and at the ſame time to give a conſider⯑able portion of the ſalary annexed to them to the two Begums.

Sudder ul Hoc Khan, in a letter received 1ſt September 1778, ſays, ‘"His Highneſs himſelf is not deficient in regard for me, but certain bad men have gained an aſcendancy over his temper, by whoſe inſtigation he acts."’ After complaining of the ſlights he receives from the Nabob, he adds, ‘"Thus they cauſe the Nabob to treat me ſometimes with indignity, at other times with kindneſs, juſt as they think proper to adviſe him; their view is, that by compelling me to diſpleaſure at ſuch unworthy treatment, they may force me either to relinquiſh my [36] ſtation, or to join with them and act by their advice, and appoint creatures of their recom⯑mendation to the different offices, from which they might draw profit to themſelves."’

In a ſubſequent letter to the Governor, Sud⯑der ul Hoc Khan ſays, ‘"The Begum's miniſters, before my arrival, with the advice of their counſellors cauſed the Nabob to ſign a receipt, in conſequence of which they received, at two different times, near 50,000 rupees in the name of the officers of the Adawlet, Phouz⯑darry, &c. from the Company's Sircar; and having drawn up an account current in the manner they wiſhed, they got the Nabob to ſign it, and then ſent it to me."’ In the ſame letter he aſſerts, that theſe people have the Na⯑bob intirely in their power.

On the 1ſt of September 1778, the Governor informs the Nabob, that it is highly expedient that Sudder ul Hoc Khan ſhould have full con⯑trol in all matters relative to his office, and the ſole appointment and diſmiſſion of the Sudder and Mofuſſil officers, and that his ſeal and ſigna⯑ture ſhould be authentic to all papers having re⯑lation to the buſineſs entruſted to him; I there⯑fore intimate to you that he ſhould appoint and diſmiſs all the officers under him, and that your Excellency ſhould not interfere in any one.

The Nabob, in a letter to the Governor re⯑ceived 3d September 1778, ſays, ‘"Agreeably [37] to your pleaſure I have relinquiſhed all concern with the affairs of the Phouzdarry and Adawlet, leaving the intire management of them in Sud⯑der ul Hoc Khan's hands."’

Sudder ul Hoc Khan, in a letter received 30th September, ſays, ‘"Yatibar Ally Cawn, Munny Begum's chief Eunuch, from the amount of the ſalaries of the officers of the Adawlet and Phouz⯑darry, which before my arrival he had received for two months from the Sircar, made diſ⯑burſements according to his own pleaſure. He had before cauſed the ſum of 7400 rupees, on account of the price of mine and my Paiſhere's Kellaats, to be carried to account, and now continually ſends a man to demand from me four thouſand three hundred and odd rupees, as the balance of the price of Kellaats, and conſtantly preſſes me to take it from the amount of the ſalaries of the officers of the Adawlet and Phouzdarry, and ſend it to him; and I ſhall be under the neceſſity of comply⯑ing. I mention this for your information."’

The Governor General's letter to the Nabob, dated the 10th of October 1778, contains a re⯑preſentation ſo pointed, and ſo very juſt, of the fatal effects which had attended the Nabob's in⯑terfering in the adminiſtration of juſtice, that I ſhall inſert it intire, but without any comment; in fact it ſpeaks too plainly to require one.

[38]

From the preceding correſpondence, I think it appears beyond diſpute, that the Nabob him⯑ſelf has hitherto been a mere cypher through the whole tranſaction, or rather an inſtrument, in the hands of Munny Begum and others, employed by them, and for their purpoſes only, [40] to accompliſh the removal of Mahomed Reza Khan: That theſe people have made a moſt dan⯑gerous and iniquitous uſe of the Nabob's name and authority, while they had both at their diſ⯑poſal: And that the Governor General himſelf was convinced that the interference of the Na⯑bob, or of thoſe who acted for him in the affairs of the Nizamut, had been attended with the moſt ruinous conſequences, which he accord⯑ingly endeavoured to obviate, by directing him not to concern himſelf in any ſhape in the con⯑duct of the buſineſs intruſted to the Naib Subadar.

With reſpect to the Nabob, I ſhall only ob⯑ſerve, that his letters involve him in a very diſ⯑graceful dilemma. If I could believe it poſſible that, freely, and of his own mere motion, he could recommend, ‘"That Munny Begum ſhould take on herſelf the management of the affairs of the Nizamut, without the interference of any other perſon;’ that he ſhould in one letter deſire to conduct the affairs of the Nizamut himſelf, and in the next, that a Naib ſhould be appointed to conduct them for him, I ſhould give little credit to the aſſertion with which theſe requeſts are accompanied, viz. ‘"that he is not devoid of underſtanding."’ He may arrive at years of maturity; but if, at the age of twenty-one, he does not perceive the folly and abſurdity of ſuch propoſitions, and ſuch [41] contradictions, I ſhould deſpair of his ever arriving at years of diſcretion. On the other hand, if theſe letters are written for him, which I am thoroughly ſatisfied is the caſe; if he has no will of his own, and if the rights and autho⯑rities demanded in his name are in reality to de⯑volve to Munny Begum, to her chief eunuch, and to the other perſons of whoſe miſconduct the late Naib Subadar made ſo many complaints to the Governor, what opinion are we to enter⯑tain of his Excellency's underſtanding and vera⯑city; or on what ground can we commit the management of ſuch important affairs to a young man ſo dependant on Munny Begum, and evi⯑dently ſo incapable of judging or acting for himſelf?

I now proceed to the laſt orders from the Court of Directors: they conſider the whole ſubject in the ſame light that I do: they ac⯑knowledge no right of inheritance in the Na⯑bob: they underſtand every oſtenſible acceſſion to his power as a real one to that of Munny Begum: they deem it for the welfare of the country that the office of Naib Subadar ſhould be continued; and they poſitively direct us forthwith to ſignify to the Nabob their pleaſure, that Mahomed Reza Khan be immediately reſtored to it.

But notwithſtanding they had a thorough knowledge of the facts, and were perfectly [42] acquainted with all the characters, they cer⯑tainly were not aware of the poſſibility of ſuch a caſe as now exiſts, or they would have pro⯑vided againſt it. They did not foreſee that their poſitive orders would not be inforced by this government, or that ſuch orders would be diſobeyed. When they read the Nabob's late letters, the falſe and frivolous pretences on which he ventures to counteract and defeat an arrange⯑ment which the Company have deemed neceſ⯑ſary for the welfare of the country will aſtoniſh them no leſs than our acquieſcence in ſuch pre⯑tences.

Firſt, He ſays, ‘"that he had formerly writ⯑ten to the Governor that he had no farther occaſion for a Naib, and would himſelf conduct his own affairs:"’ And he aſſerts, that ſince the diſmiſſion of Mahomed Reza Khan to the preſent time, the buſineſs had been con⯑ducted under his own immediate direction. Is it poſſible he ſhould forget, that in conſequence of Sudder ul Hoc Khan's appointment, the Go⯑vernor had expreſsly required him not to inter⯑fere, and that the Nabob had thereupon relin⯑quiſhed all concern with the affairs of the Fouz⯑darry and Adawlet, and left the entire manage⯑ment of them in the hands of the Naib. In his next letter he talks of the rights of his de⯑ceaſed father, as well as his own, as if the office of Nazim were hereditary. He talks of his [43] claims on the Company, as if he held by ſome other title than their friendſhip and protection; or, as if either he or his father had any right in the Subadary beyond what they derived from the voluntary acts of the Company, or of their repreſentatives. He ſays, he never will admit Mahomed Reza Khan to poſſeſs any degree of authority in his family; and that as Sudder ul Hoc Khan is dead, he ſhall take on himſelf the management of the buſineſs. In his laſt let⯑ter he obſerves, that Mahomed Reza Khan was at firſt appointed on account of his, the Nabob's, tender age, which required the aſſiſtance of a Naib; forgetting not only that a Naib Subadar was appointed, and the office executed without objection during the government of his prede⯑ceſſors, but that he himſelf had ſubmitted, about a year ago, to the appointment of Sudder ul Hoc Khan; and that the latter continued to execute his ſeveral offices till his death, with powers totally and avowedly independent of the Nabob: he forgets, or perhaps he does not know, that the treaty of March, 1770, by which alone his rights, whatever they may be, were created, provides for the appointment of a Naib of the provinces, to be inveſted with the manage⯑ment of affairs; and that this Naib was ap⯑pointed at the inſtance of the Governor and Gentlemen of the Council. In the ſame letter the Nabob declares, that he adminiſters the affairs of the Nizamut by his own authority, and [44] ſhall do ſo; and that he never can, on any ac⯑count, agree to the appointment of Mahomed Reza Khan to the Naib Soubaſhip.

The Governor General's letter of the 10th of October, 1778, will ſhew the Company not only in what manner this important buſineſs is likely to be conducted, and what opinion the Governor General himſelf entertains of the Na⯑bob's capacity, but that neither were his ſup⯑poſed rights and the maturity of his age attended to at that time, nor his perſonal incli⯑nations conſulted. Notwithſtanding all his claims to the Phouzdarry and Adawlet, the Go⯑vernor's pleaſure diveſted him of both, and left him without an option. Theſe, however, are not the firſt and immediate objects of con⯑ſideration. A new and unexpected queſtion is now before us. The Company's orders are diſ⯑obeyed on pretended principles, which ſuppoſe the exiſtence of an authority in theſe provinces independent of the authority of Great Britain over them. That of the Court of Directors is the only medium by which the ſubjection of Bengal to Great Britain is held and ſecured. In oppo⯑ſition to it the Nabob declares, that he acts by his own authority, and ſhall continue to do ſo. I do not know what name the law will give to diſ⯑obedience of the Company's lawful orders by this Board; or whether ſuch diſobedience, di⯑rectly avowed by ourſelves, would not be leſs [45] criminal, and in its conſequences leſs dangerous, than under the form which it now aſſumes: but every man muſt ſee which way the preſent example leads, and what uſe may be made of it. If ſome vigorous meaſure be not immediately taken by the Company to diſarm the Nabob of all means of reſiſtance, or at leaſt to deter him from attempting it again, their dominion over Bengal is not ſecure. I am ſorry this inexperi⯑enced young man ſhould have been ſo unhappily adviſed. He does not know on what dangerous ground he treads. He forgets himſelf too groſsly when he diſobeys the Company's poſi⯑tive orders, and in the ſame breath tells the Governor General, ‘"You are the maſter and my patron, and I can take no meaſure without firſt communicating it to you."’

The Company will conſider whether this avowed diſtinction between them and their local repreſentative be not ſomething more than diſ⯑reſpectful; or whether their injunctions would have been ſlighted if they had been accompa⯑nied by the uſual and proper requiſition on the part of the Governor General and Council, which I repeatedly recommended without ſuc⯑ceſs. Other and more alarming reflections will naturally ſucceed. The oſtenſible ſhadow of the Nabob's authority may in time find a ſubſtance to ſupport it. If the ſpirit of party and faction, which prevails through every de⯑partment [46] of government, and through every other rank of life, ſhould reach to the Seapoys, it would be a painful, but not a difficult, taſk, to count the few remaining ſteps which lead inevitably from that ſtate of things to final diſſolution. At whatever diſtance that danger may appear to be, yet, if the courſe we are in points directly to it, I truſt that the wiſdom of the Company will not deem it unworthy of their inſtant conſideration. The ſame meaſures by which a great and imminent miſchief might have been prevented will not be ſufficient to correct or retrieve it.

I now move that it may be reſolved, That the preceding letter from the Nabob is highly diſſatiſ⯑factory to the Board; and that the Governor General be requeſted to ſignify the ſame to him, and to demand in our name his immediate compliance with the orders of the Company.

Mr. Wheler. I agree to the motion.

Mr. Barwell. If any advantage was ſtated to derive to the Company by controuling the will of the Nabob, it might be a queſtion with me how far the occaſion would vindicate the com⯑pulſion propoſed; but when no national bene⯑fit can accrue, nor is ſtated, I cannot give my aſſent to a very exceptionable meaſure.

Governor General. I ſhall take another occa⯑ſion to declare my ſentiments at large on the ſub⯑ject [47] of this motion. For the preſent I ſhall con⯑tent myſelf with declaring, that I have gone to the utmoſt lengths preſcribed to me by the Com⯑pany's orders, and by my ſenſe of my duty, and that I will not go beyond them.

The motion reſolved in the negative.

Mr. Francis. Since it is reſolved that the Board will not inſiſt on the Nabob's compliance with the Company's orders, nothing is left for me but to move, as I now do, that the ſalary allotted by the Company out of their revenue for the ſup⯑port of the office of Naib Souba, amounting to three lack of ſicca rupees per annum, or ſo much of it as was divided between Munny Begum, Baboo Begum, Raja Gourdaſs, and Sudder ul Hoc Cawn may ceaſe, and be made a ſaving in the Company's treaſury from the day when Sudder ul Hoc Khan died.

It is the Company's property, and if it be not employed in the manner they direct, it ſhould not at leaſt be applied to any other purpoſe.

Mr. Wheler. I agree to the motion.

Mr. Barwell. I muſt deſire that the fund from which this payment is made to the miniſ⯑ters of the Nabob be ſtated by the Accomptant General before I give my opinion on the motion.

Governor General. I object to the queſtion in the terms of it, but conſent to wait for the in⯑formation required by Mr. Barwell.

Minute of Council the 20th December, 1779.

Conſidered the motion made by Mr. Francis at the laſt conſultation, viz.

‘"That the ſalary allotted by the Company out of their revenues, for the ſupport of the office of Naib Soubah, amounting to three lacks of ſicca rupees per annum, or ſo much of it as was divided between Munny Begum, Baboo Begum, Raja Gourdaſs, and Sudder ul Hoc Khan may ceaſe, and be made a ſaving in the Company's treaſury from the day when Sudder ul Hoc Khan died."’

Mr. Barwell. By the letter received by Mr. Croftes, the charge of the Nizamut allowances appears to be defrayed by the Company. There was, I find, a certain fund, under the name of the Sinking Fund, eſtabliſhed upon the orders of the Company, limiting the perſonal charges of the Nabob to the ſum of ſixteen lacks, and reſerving ſicca rupees 15,81,860 per annum; and to this fund was charged certain demands againſt the Mogul government, which have ſince been totally liquidated, as will appear more par⯑ticularly by a ſtate of the fund which I have juſt now received from Mr. Croftes. If it was incumbent on the Nabob to diſcharge, out of the allowances made to him by our government, the different claims which appear to be ſtated in this account, I do not ſee any reaſon why the [49] Company ſhould continue burthened with cer⯑tain expences, which ariſe ſolely on the ſcore of his government, while thoſe means which he has of providing for the whole from his eſta⯑bliſhed allowances remain unapplied. By the preſent method it appears to me that the ſavings ſtated in the Sinking Fund are made totally at the expence of the Company, becauſe the charges of the Nizamut, or country government depen⯑dant on the Soubah, inſtead of being diſburſed from the ſum allotted for the Soubah's govern⯑ment, are diſburſed from the Company's means, and the claim on the ſcore of the allowances fixed for the charges of the Soubah's govern⯑ment ſuffered to accumulate to the exorbitant ſum of rupees, 90,04,188,7,4, as a debt due from the Company. This being the caſe, there appears to me an abſolute neceſſity to correct an error, which has led Mr. Francis into the idea that the diſburſements which are made by the Com⯑pany are made by them out of their revenues, for the ſupport of the office of Naib Soubah, amounting to three lacks of rupees per annum. While the Company hold this fund of 15,81,860 rupees per annum, of the ſum of 31,81,860, which by treaty they expreſsly ſtipulate to pay for the ſupport of the Soubah's government, it is not juſt that they ſhould be charged with any expence to be diſburſed on that account. I therefore MOVE, ‘"That all expences that have been incurred, or ſhall in future be incurred, [50] on account of the Nizamut, or country go⯑vernment department, or the Soubah, be ſet off againſt the claims of the Soubah, for ſuch part of the ſtipend or ſalary allotted for the ſupport of his government as has been re⯑tained by government for this and other ex⯑preſs purpoſes directed by the Company."’—I underſtand the motion made by Mr. Francis to have for its object the compelling the Nabob to accept of Mahomed Reza Khan for his mini⯑ſter, or to reſerve the ſum which is allotted as the due of Mahomed Reza Khan, to be diſpoſed of by the orders of the Company. This motion being made on the preſumption that the Niza⯑mut officers are the officers of the Company, and in the pay of the Company, can only be ſup⯑ported upon that principle. I am therefore againſt the motion.

Mr. Francis's motion carried in the negative.

Mr. Francis. If I underſtand the preceding minute, the ſavings from which the Sinking Fund therein mentioned was conſtituted, viz. 15,81,860 ſicca rupees per annum (accruing ſince the time when the penſion of the Nabob Mobareck ul Dowlah, as ſettled by a treaty highly diſapproved of by the Company, was re⯑duced to 16 lacks by their poſitive orders) do not belong to the Company, and that ſomething will be gained by charging that fund with the amount of the ſalary allotted by the Company, [51] out of their own revenues, for the ſupport of the Naib Subadar. It is indifferent to me, and I believe perfectly immaterial to the Company, in what way the account is ſtated. The charge, if diſburſed, comes out of the Company's trea⯑ſury; it is immediately paid out of the collec⯑tions of the diviſion of Moorſhedebad, as the Company will ſee by referring to our Letter to Mr. Martin, of the 11th of May, 1778. Am I to underſtand that Mr. Barwell means to make the Company debtor to the Nabob Mobareck ul Dowlah for the amount of the above ſavings? if he does, I wiſh it to be declared ſo in plain terms: they would by this time amount, as I believe, to 112 lacks of ſicca rupees: If he does not, I cannot poſſibly diſcover the meaning or application of his motion. As for myſelf, I deny the fact, and all conſequences pretended to be derived from it. On the remainder of Mr. Barwell's minute there is but little to be ſaid, ſuppoſing it true that a real effective country go⯑vernment now exiſted, and that the affairs of the Nizamut did of right fall under the imme⯑diate adminiſtration of Mobareck ul Dowlah (all which is ſo manifeſtly contrary to the fact, that it will not bear an argument) ſtill it would not follow that my laſt motion ought to be rejected. The ſum which I propoſe to be reſerved is not divided among the officers of the Nizamut: Mr. Barwell ſurely did not conſider in what manner it is actually diſtributed; neither do I admit that my laſt motion had for its object the compel⯑ling [52] the Nabob to accept of Mahomed Reza Khan for his miniſter. It could not poſſibly have that effect; the point was already decided by a pre⯑ceding reſolution; and if, as I conclude, the ſole object of the Nabob be to keep the amount of Mahomed Reza Khan's ſalary, and to diſtri⯑bute it among his family and dependents, our taking the money from him will not tend to compel him to reinſtate Mahomed Reza Khan, by which he would equally loſe it. If that were the only alternative propoſed to him, he would certainly prefer the meaſure which freed him from the check of Mahomed Reza Khan's au⯑thority, and left every thing in his own hands.

I have ſaid the mode of ſtating the account propoſed by Mr. Barwell is a matter of indif⯑ference in itſelf; but as it implies a concluſion in which I do not concur, I am againſt the mo⯑tion.