Volume III Part 8 (1/2)

From your Minutes of Consultation of the 31st October, 1770, and the Nabob's letter to the President of the 21st March, 1771, and the two letters from Rajah Beerbur Atchenur Punt (who we presume was then the Nabob's manager at Arcot) of the 16th and 18th March, referred to in the Nabob's letter, and transmitted therewith to the President, we observe, that, previous to the treaty of 1762, Mr. Pigot concurred in the expediency of the Nabob's taking possession of this jaghire, on account of the troublesome and refractory behavior of the Arnee braminees, by their affording protection to all disturbers, who, by reason of the little distance between Arnee and Arcot, fled to the former, and were there protected, and not given up, though demanded;--that, though the jaghire was restored in 1762, it was done under such conditions and restrictions as were thought best calculated to preserve the peace and good order of the place and due obedience to government;--that, nevertheless, the braminees (quarrelling among themselves) did afterwards, in express violation of the treaty, enlist and a.s.semble many thousand sepoys, and other troops; that they erected gaddies and other small forts, provided themselves with wall-pieces, small guns, and other warlike stores, and raised troubles and disturbances in the neighborhood of the city of Arcot and the forts of Arnee and Shaw Gaddy; and that, finally, they imprisoned the hircarrahs of the Nabob, sent with his letters and instructions, in pursuance of the advice of your board, to require certain of the braminees to repair to the Nabob at Chepauk, and, though peremptorily required to repair thither, paid no regard to those, or to any other orders from the circar.

By the 13th article contained in the instructions given by the Nabob to Mr. Dupre, as the basis for negotiating the treaty made with the Rajah in 1771, the Nabob required that the Arnee district should be delivered up to the circar, because the braminees had broken the conditions which they were to have observed. In the answers given by the Rajah to these propositions, he says, ”I am to give up to the circar the jaghire district of Arnee”; and on the 7th of November, 1771, the Rajah, by letter to Seneewasarow, who appears by your Consultations and country correspondence to have been the grandson of Tremaul Row, and to have been put in possession of the jaghire at your recommendation, (on the death of his grandmother,) writes, acquainting him that he had given the Arnee country, then in his (Seneewasarow's) possession, to the Nabob, to whose aumildars Seneewasarow was to deliver up the possession of the country. And in your letter to us of the 28th February, 1772, you certified the district of Arnee to be one of the countries acquired by this treaty, and to be of the estimated value of two lacs of rupees per annum.

In our orders dated the 12th of April, 1775, we declared our determination to replace the Rajah upon the throne of his ancestors, upon certain terms and conditions, to be agreed upon for the mutual benefit of himself and the Company, without infringing the rights of the Nabob. We declared that our faith stood pledged by the treaty of 1762 to obtain payment of the Rajah's tribute to the Nabob, and that for the insuring such payment the fort of Tanjore should be garrisoned by our troops. We directed that you should pay no regard to the article of the treaty of 1771 which respected the alienation of part of the Rajah's dominions; and we declared, that, if the Nabob had not a just t.i.tle to those territories before the conclusion of the treaty, we denied that he obtained any right thereby, except such temporary sovereignty, for securing the payment of his expenses, as is therein mentioned.

These instructions appear to have been executed in the month of April, 1776; and by your letter of the 14th May following you certified to us that the Rajah had been put into the possession of the whole country his father held in 1762, when the treaty was concluded with the Nabob; but we do not find that you came to any resolution, either antecedent or subsequent to this advice, either for questioning or impeaching the right of the Nabob to the sovereignty of Arnee, or expressive of any doubt of his t.i.tle to it. Nevertheless, we find, that, although the Board pa.s.sed no such resolution, yet your President, in his letter to the Nabob of the 30th July and 24th August, called upon his Highness to give up the possession of Arnee to the Rajah; and the Rajah himself, in several letters to us, particularly in those of 21st October, 1776, and the 7th of June, 1777, expressed his expectation of our orders for delivering up that fort and district to him; and so recently as the 15th of October, 1783, he reminds us of his former application, and states, that the country of Arnee being guarantied to him by the Company, it of course is his right, but that it has not been given up to him, and he therefore earnestly entreats our orders for putting him into the possession of it. We also observe by your letter of the 14th of October, 1779, that the Rajah had not then accounted for the Nabob's peshcush since his restoration, but had a.s.signed as a reason for his withdrawing it, that the Nabob had retained from him the district of Arnee, with a certain other district, (Hanamantagoody,) which is made the subject of another part of our present dispatches.

We have thus stated to you the result of our inquiry into the grounds of the dispute relative to Arnee; and as the research has offered no evidence in support of the Rajah's claim, nor even any lights whereby we can discover in what degree of relations.h.i.+p, by consanguinity, caste, or other circ.u.mstances, the Rajah now stands, or formerly stood, with the Killadar of Arnee, or the nature of his connection with or command over that district, or the authority he exercised or a.s.sumed previous to the treaty of 1771, we should think ourselves highly reprehensible in complying with the Rajah's request,--and the more so, as it is expressly stated, in the treaty of 1762, that this fort and district were then in the possession of the Nabob, as well as the person of the jaghiredar, on account of his disobedience, and were restored him by the Nabob, in condescension to the Rajah's request, upon such terms and stipulations as could not, in our judgment, have been imposed by the one or submitted to by the other, if the sovereignty of the one or the dependency of the other had been at that time a matter of doubt.

Although these materials have not furnished us with evidence in support of the Rajah's claim, they are far from satisfactory to evince the justice of or the political necessity for the Nabob's continuing to withhold the jaghire from the descendants of Tremaul Row; his hereditary right to that jaghire seems to us to have been fully recognized by the stipulations of the treaty of 1762, and so little doubted, that, on his death, his widow was admitted by the Nabob to hold it, on account, as may be presumed, of the nonage of his grandson and heir, Seneewasarow, who appears to have been confirmed in the jaghire, on her death, by the Nabob, as the lineal heir and successor to his grandfather.

With respect to Seneewasarow, it does not appear, by any of the Proceedings in our possession, that he was concerned in the misconduct of the braminees, complained of by the Nabob in the year 1770, which rendered it necessary for his Highness to take the jaghire into his own hands, or that he was privy to or could have prevented those disturbances.

We therefore direct, that, if the heir of Tremaul Row is not at present in possession of the jaghire, and has not, by any violation of the treaty, or act of disobedience, incurred a forfeiture thereof, he be forthwith restored to the possession of it, according to the terms and stipulations of the treaty of 1762. But if any powerful motive of regard to the peace and tranquillity of the Carnatic shall in your judgment render it expedient to suspend the execution of these orders, in that case you are with all convenient speed to transmit to us your proceedings thereupon, with the full state of the facts, and of the reasons which have actuated your conduct.

We have before given it as our opinion that the stipulations of the treaty of 1762 do not apply to the points remaining to be decided. But the late act of Parliament having, from the nature of our connection with the two powers in the Carnatic, pointed out the expediency, and even necessity, of settling the several matters in dispute between them by a speedy and permanent arrangement, we now proceed to give you our instructions upon, the several other heads of disputes before enumerated.

With respect to the fort and district of Hanamantagoody, we observe, that, on the restoration of the Rajah in 1776, you informed us in your letter of the 14th of May, That the Rajah had been put into possession of the whole of the country his father held in 1762, when the treaty was concluded with the Nabob; and on the 25th of June you came to the resolution of putting the Rajah into possession of Hanamantagoody, on the ground of its appearing, on reference to the Nabob's instructions to Mr. Dupre in June, 1762, to his reply, and to the Rajah's representations of 25th March, 1771, that Hanamantagoody was actually in the hands of the late Rajah at the time of making the treaty of 1762. We have referred as well to those papers as to all the other proceedings on this subject, and must confess they fall very short of demonstrating to us the truth of that fact. And we find, by the Secret Consultations of Fort William of the 7th of August, 1776, that the same doubt was entertained by our Governor-General and Council.

But whether, in point of fact, the late Rajah was or was not in possession of Hanamantagoody in 1762, it is notorious that the Nabob had always claimed the dominion of the countries of which this fort and district are a part.

We observe that the Nabob is now in the actual possession of this fort and district; and we are not warranted, by any doc.u.ment we have seen, to concur with the wishes of the Rajah to dispossess him.

With regard to the government share of the crop of 1775-6, we observe by the dobeer's memorandum, recited in your Consultations of the 13th of May, 1776, that it was the established custom of the Tanjore country to gather in the harvest and complete the collections within the month of March, but that, for the causes therein particularly stated, the harvest (and of course the collection of the government share of the crop) was delayed till the month of March was over. We also observe that the Rajah was not restored to his kingdom until the 11th of April, 1776; and from hence we infer, that, if the harvest and collection had been finished at the usual time, the Nabob (being then sovereign of the country) would have received the full benefit of that year's crop.

Although the harvest and collection were delayed beyond the usual time, yet we find by the Proceedings of your government, and particularly by Mr. Mackay's Minute of the 29th of May, 1776, and also by the dobeer's account, that the greatest part of the grain was cut down whilst the Nabob remained in the government of the country.

It is difficult, from the contradictory allegations on the subject, to ascertain what was the precise amount of the collections made after the Nabob ceased to have the possession of the country. But whatever it was, it appears from General Stuart's letter of the 2d of April, 1777, that it had been a.s.serted with good authority that the far greater part of the government share of the crop was plundered by individuals, and never came to account in the Rajah's treasury.

Under all the circ.u.mstances of this case, we must be of opinion that the government share of the crop of 1776 belonged to the Nabob, as the then reigning sovereign of the kingdom of Tanjore, he being, _de facto_, in the full and absolute possession of the government thereof; and consequently that the a.s.signments made by him of the government share of the crop were valid.

Nevertheless, we would by no means be understood by this opinion to suggest that any further demands ought to be made upon the Rajah, in respect of such parts of the government share of the crop as were collected by his people.

For, on the contrary, after so great a length of time as hath elapsed, we should think it highly unjust that the Rajah should be now compelled either to pay the supposed balances, whatever they may be, or be called upon to render a specific account of the collection made by his people.

The Rajah has already, in his letter to Governor Stratton of the 21st of April, 1777, given his a.s.surance, that the produce of the preceding year, accounted for to him, was little more than one lac of paG.o.das; and as you have acquainted us, by your letter of the 14th of October, 1779, that the Rajah has actually paid into our treasury one lac of paG.o.das, by way of deposit, on account of the Nabob's claims to the crop, till our sentiments should be known, we direct you to surcease any further demands from the Rajah on that account.

We learn by the Proceedings, and particularly by the Nabob's letter to Lord Pigot of the 6th of July, 1776, that the Nabob, previous to the restoration of the Rajah, actually made a.s.signments or granted tunkaws of the whole of his share of the crop to his creditors and troops; and that your government, (entertaining the same opinion as we do upon the question of right to that share,) by letter to the Rajah of the 20th of August, 1776, recommended to him ”to restore to Mr. Benfield (one of the princ.i.p.al a.s.signees or tunkaw-holders of the Nabob) the grain of the last year, which was in possession of his people, and said to be forcibly taken from them,--and farther, to give Mr. Benfield all reasonable a.s.sistance in recovering such debts as should appear to have been justly due to him from the inhabitants; and acquainted the Rajah that it had been judged by a majority of the Council that it was the Company's intention to let the Nabob have the produce of the crop of 1776, but that you had no intention that the Rajah should be accountable for more than the government share, whatever that might be; and that you did not mean to do more than recommend to him to see justice done, leaving the manner and time to himself.” Subsequent representations appear to have been made to the Rajah by your government on the same subject, in favor of the Nabob's mortgages.

In answer to these applications, the Rajah, in his letter to Mr.

Stratton of the 12th January, 1777, acquainted you ”that he had given orders respecting the grain which Mr. Benfield had heaped up in his country; and with regard to the money due to him by the farmers, that he had desired Mr. Benfield to bring accounts of it, that he might limit a time for the payment of it proportionably to their ability, and that the necessary orders for stopping this money out of the inhabitants' share of the crop had been sent to the ryots and aumildars; that Mr.

Benfield's gomastah was then present there, and oversaw his affairs; and that in everything that was just he (the Rajah) willingly obeyed our Governor and Council.”

Our opinion being that the Rajah ought to be answerable for no more than the amount of what he admits was collected by his people for the government share of the crop; and the Proceedings before us not sufficiently explaining whether, in the sum which the Rajah, by his before-mentioned letter of the 21st April, 1777, admits to have collected, are included those parts of the government share of the crop which were taken by his people from Mr. Benfield, or from any other of the a.s.signees or tunkaw-holders; and uninformed, as we also are, what compensation the Rajah has or has not made to Mr. Benfield, or any other of the parties from whom the grain was taken by the Rajah's people; or whether, by means of the Rajah's refusal so to do, or from any other circ.u.mstance, any of the persons dispossessed of their grain may have had recourse to the Nabob for satisfaction: we are, for these reasons, incompetent to form a proper judgment what disposition ought in justice to be made of the one lac of paG.o.das deposited by the Rajah. But as our sentiments and intentions are so fully expressed upon the whole subject, we presume you, who are upon the spot, can have no doubt or difficulty in making such an application of the deposit as will be consistent with those principles of justice whereon our sentiments are founded. But should any such difficulty suggest itself, you will suspend any application of the deposit, until you have fully explained the same to us, and have received our further orders.

With respect to the repairs of the Anicut and banks of the Cavery we have upon various occasions fully expressed to you our sentiments, and in particular in our general letter of the 4th July, 1777, we referred you to the investigation and correspondence on that subject of the year 1764, and to the report made by Mr. James Bourchier, on his personal survey of the waters, and to several letters of the year 1765 and 1767; we also, by our said general letter, acquainted you that it appeared to us perfectly reasonable that the Rajah should be permitted to repair those banks, and the Anicut, in the same manner as had been practised in times past; and we directed you to establish such regulations, by reference to former usage, for keeping the said banks in repair, as would be effectual, and remove all cause of complaint in future.

Notwithstanding such our instructions, the Rajah, in his letter to us of the 15th October, 1783, complains of the destruction of the Anicut; and as the cultivation of the Tanjore country appears, by all the surveys and reports of our engineers employed on that service, to depend altogether on a supply of water by the Cavery, which can only be secured by keeping the Anicut and banks in repair, we think it necessary to repeat to you our orders of the 4th July, 1777, on the subject of those repairs.