« AnteriorContinuar »
lesley, the Honourable Henry Wellesley, Lieutenant-Colonel William Kirkpatrick, and Lieutenant-Colonel Barry Close, with the Maha Rajah Mysore Kistna Rajah Oodiaver Behauder. The aforesaid Gentlemen have delivered to the said Maha Rajah one Copy of the same, in English and Persian, sealed and signed by them, and His Highness Maha Rajah has delivered to the Gentlemen aforesaid another Copy, also in Persian and English, bearing his Seal, and signed by Luchuma, Widow of the late Kistna Rajah, and sealed and signed by Purnea, Dewan to the Maha Rajah Kistna Rajah Oodiaver; and the aforesaid Gentlemen have engaged to procure and to deliver to the said Maha Rajah, without delay, a Copy of the same, under the Seal and Signature of the Right Honourable the Governor-General ; on the receipt of which by the said Maha Rajah, the present Treaty shall be deemed complete and binding on the Honourable the English East India Company, and on the Maha Rajah Mysore Kistna Rajah Oodiaver Behauder; and the Copy of it now delivered to the said Maha Rajah shall be returned. (Seal of the Maha Rajah.]
(The Ranie's Signature.) [Seal and Signature of Purneah.] Witness,
EDWARD GOLDING. Assistant Secrelary.
No. 2.-TREATY with the Nizam.-Hydrabad, 12th October, 1800. Treaty of perpetual and general Defensive Alliance, between the
Honourable the English East India Company, and His Highness the Nabob Nizam ul Mulk Asoph Jah Behauder, Soubahdar of the Deckan, His Children, Heirs, and Successors; settled by Captain James Achilles Kirkpatrick, Resident at the Court of His Highness, by virtue of the Powers delegated to him by the Most Noble Richard Marquis Wellesley, &c. &c. &c.
WHEREAS, by the blessing of God, an intimate friendship and union have firmly subsisted for a length of time between the Honourable Company and His Highness the Nabob Nizam ul Mulk A soph Jah Behauder, and have been cemented and strengthened by several Treaties of Alliance, to the mutual and manifest advantage of both Powers, who, with uninterrupted harmony and concord, having equally shared the fatigues and dangers of War and the blessings of Peace, are, in fact, become one and the same in interest, policy, friendship, and honour. These Powers, adverting to the complexion of the times, have determined, on principles of precaution and foresight, and with a view to the effectual preservation of constant peace and tranquillity, to enter into a general Defensive Alliance, for the complete and reciprocal protection of their respective Territories, together with those of their several Allies and Dependents, against the unprovoked aggressions, or unjust encroachments, of all or of any Enemies whatever.
ART. I. The peace, union, and friendship, so long subsisting between the 2 States, shall be perpetual; the Friends and Enemies of either, shall be the Friends and Enemies of both ; and the Contracting Parties agree, that all the former Treaties and Agreements between the 2 States, now in force, and not contrary to the tenor of this Agreement, shall be confirmed by it.
II. Ifany Power or State whatever shall commit any act of unprovoked hostility or aggression against either of the Contracting Parties, or against their respective Dependents or Allies, and, after due representation, shall refuse to enter into amicable explanation, or shall deny the just satisfaction or indemnity which the Contracting Parties shall have required, then the Contracting Parties will proceed to concert and prosecute such further measures as the case shall appear to demand.
III. For the more distinct explanation of the true intent and effect of this Agreement, the Governor General in Council, on behalf of the Honourable Company, hereby declares, that the British Government will never permit any Power or State whatever to commit with impunity, any act of unprovoked hostility or aggression against the Rights or Territories of His Highness the Nizam, but will at all times maintain the same, in the same manner as the. Rights and Territories of the Honourable Company are now maintained.
III*. With a view to fulfil this Treaty of general defence and protection, His Highness the Nabob Asoph Jah agrees, that 2 Battalions of Sepoys, and 1 Regiment of Cavalry, with a due proportion of Guns and Artillerymen, shall be added in perpetuity to the present permanent Subsidiary Force of 6 Battalions of Sepoys, of 1,000 firelocks each, and 1 Regiment of Cavalry, 500 strong, (with their proportion of Guns and Artillerymen), so that the whole Subsidiary Force furnished by the Honourable East India Company to His Highness, shall henceforward consist of 8 Battalions of Sepoys (or 8000 firelocks) and 2 Regiments of Cavalry (or 1,000 Horse) with their requisite complement of Guns, European Artillerymen, Lascars, and Pioneers, fully equipped with warlike stores and ammunition; which Force is to be stationed in perpetuity in His Highness's Territories.
IV. The pay of the above-mentioned additional Force, shall be calculated at the rate of the pay of the existing Subsidiary Force, and shall commence from the day of the entrance of the said additional Force into His Highness's Territories.
V. For the regular payment of the whole expense of the said augTented Subsidiary Force, consisting of 8,000 Infantry, 1,000 Cavalry, and their usual proportion of Artillery, His Highness the Nabob Asoph Jah hereby assigns and cedes to the Honourable East India Company, in perpetuity, all the Territories acquired by His Highness under the Treaty of Seringapatam, on the 18th March, 1792; and also all the
Sic in Orig.
Territories acquired by His Highness under the Treaty of Mysore, on the 22nd Jane, 1799, according to the Schedule annexed to this Treaty.
VI. Certain of the Territories ceded by the foregoing Article to the Honourable Company being inconvenient, from their situation to tlie Northward of the river Toombuddrah, His Highness the Nabob Asoph Jah, for the purpose of rendering the boundary line of the Honourable Company's Possessions a good and well-defined one, agrees to retain the Districts in question, namely, Copul, Gujjinderghur, and others, (as marked in the annexed Schedule) in bis own possession; and in lieu thereof, assigns and cedes, in full and in perpetuity, to the Honourable Company, the District of Adoni, together with whatever other Territory His Highness may be possessed of, or is dependent on His Highness's Government, to the South of the Toombuddrah, or to the South of the Kistnah, below the junction of those 2 Rivers.
VII. The Territories to be assigned and ceded to the Honourable Company by the Vth Article, or in consequence of the change stipulated in the VIth Article, shall be subject to the exclusive management and authority of the said Company and of their Officers.
VIII, Whereas the actual produce of a considerable portion of the Districts ceded to the Honourable Company by Article VI, is ascer. tained and acknowledged to be greatly inferior to their nominal value, as specified in the Schedule annexed to this Treaty; and the said Districts cannot be expected for a long course of years to reach their said nominal value; and whereas differences miglit hereafter arise between the Contracting Parties, with respect to the real value of the same, and the friendship and harmony happily subsisting between the Contracting Parties be disturbed by discussions, relating to the adjustment of accounts of the produce and value of the said Districts; in order to preclude all causes of any such future difference or discussion between the 2 States, the said East India Company agrees to accept the said Districts (with the reservation stated in the VIth Article) as a full and complete satisfaction for all demands on account of the pay and charges of the said Subsidiary Force; and, therefore, to whatever extent, or for whatever length of time the actual produce of the said Districts shall prove inadequate to the amount of the Subsidy payable by His Highness on account of the said Subsidiary Force, no demands shall ever be made by the Honourable Company upon the Treasury of His Highness, on account of any such deficiency, or on account of any failure in the Revenues of the said Districts, arising from unfavourable Seasons from the calamity of War, or any other cause; His Highness the Nizam, on his part, with the same friendly views, hereby renouncing all claim to any arrears or balances which may be due to him from the said Districts, at the period of their cession to the Honourable Company, and also to any eventual excess in the produce of the said Districts, beyond the amount of the Subsidy payable by llis Highness on ac
count of the said Subsidiary Force: the true intention and meaning of this Article being, that the cession of the said Districts, and the exchanges stipulated in the VIth Article, shall be considered as a final close and termination of Accounts between the Contracting Parties, with respect to the charges of the said Subsidiary Force.
IX. After the conclusion of this Treaty, and as soon as the British Resident shall siguify to His Highness Asoph Jah, that the Honourable Company's Officers are prepared to take charge of the Districts ceded by the Vth Article, His Highness will immediately issue the necessary Perwannahs, or Orders to his Officers, to deliver over charge of the same to the Officers of the Company; and it is hereby stipulated and agreed, that all collections made by His Highness's Officers, subsequent to the date of the said Perwanvahs, or Orders, and before the Officers of the Company shall have taken charge of the said Districts, shall be carried to the account of the Honourable Company.
X. All Forts situated within the Districts to be ceded as aforesaid, shall be delivered to the Officers of the Honourable Company with the said Districts; and His Highness the Nabob Asoph Jah engages, that the said Forts shall be delivered to the Honourable Company, as pearly as possible in the same state as that in which His Highness received them.
XI. His Highness the Nabob Asoph Jalı will continue to pay the Subsidy of the former Subsidiary Force, and also that of the additional Troops, from his Treasury, in the same manner as hitherto observed, until the Honourable East India Company's Officers shall have obtained complete possession from His Highness's Officers, of the Country ceded to the said Company by the Vth Article. The Company will not claim any payments of Subsidy from His Highvess's Treasury, after their Officers shall have obtained possession of the said Districts from the Officers of His Highness.
XII. The Contracting Parties will employ all practicable means of conciliation to prevent the calamity of War; and, for that purpose, will at all times be ready to enter into amicable explanations with other States, and to cultivate and improve the general relations of peace and amity with all the Powers of India, according to the true spirit and tenour of this Defensive Treaty. But if a War should unfortunately break out between the Contracting Parties, and any other Power whatever, then His Higbness the Nabob Asoph Jah engages that, with the reserve of 2 Battalions of Sepoys, which are to remain near His Highness's person, the residue of the British Subsidiary Force, (consisting of 6 Battalions of Sepoys, and 2 Regiments of Cavalry, with Artillery,) joined by 6,000 Infantry, and 9,000 Horse of His Highness's own Troops, and making together an Army of 12,000 Infantry, and 10,000 Cavalry, with their requisite Train of Artillery, and warlike Stores of every kind, shall be iminediately put in motion, for the purpose of opposing the Enemy; and His Highness further engages to employ every further effort in his power, for the purpose of bringing into the field, as speedily as possible, the whole Force which he may be able to supply from his Dominions, with a view to the effectual prosecution and speedy termination of the said War; the Honourable Company, in the same manner, engaging on their part, in this case, to employ in active operations against the Enemy, the largest Force which they may be able to furnish, over and above the said Subsidiary Force.
XIII. Whenever War shall appear probable, His Highness the Nabob A soph Jah engages to collect as many Benjarries as possible, and to store as much grain as may be practicable in his Frontier Garrisons.
XIV. Grain, and all other articles of consumption and provisions, and all sorts of materials for wearing apparel, together with the necessary quantity of cattle, horses, and camels, required for the use of the Subsidiary Force, shall, in proportion to its present augmentation, be, as heretofore, entirely exempted from duties.
XV. As, by the present Treaty, the union and friendship of the 2 States are so firmly cemented, as that they may be considered as one and the same, His Highness the Nizam engages neither to commence nor to pursue, in future, any Negotiations with any other Power whatever, without giving previous notice, and entering into mutual consultation with the Honourable East India Company's Government; and the Honourable Company's Government, on their part, hereby declare that they have no manner of concern with any of His Highness's children, relations, subjects, or servants, with respect to whom His Highness is absolute.
XVI. As, by the present Treaty of general Defensive Alliance, mutual defence and defence against all Enemies are established, His Highness the Nabob Asoph Jah consequently engages never to commit any act of hostility or aggression against any Power whatever; and in the event of differences arising, whatever adjustment of them the Company's Government, weighing matters in the scale of truth and justice, may deterinine, shall meet with full approbation and acquiescence.
XVII. By the present Treaty of general Defensive Alliance, the ties of union, by the blessing of God, are drawn so close, that the Friends of one Party will be benceforward considered as the Friends of the other, and the Euemies of the one Party as the Enemies of the other; it is therefore hereby agreed, that is in future the Shorapoor or Gudwall Zemindars, or any other Subjects or Dependents of His Highness's Government, should withhold the payment of the Sircar's just claims upon them, or excite rebellion or disturbance, the Subsidiary Force, or such proportion thereof as may be requisite, after the reality of the fact shall be duly ascertained, shall be ready, in concert with His Highness's own Troops, to reduce all such Offenders to obedience.