Upon a review of this treaty, the only point now in dispute, which appears to us to be so immediately connected with it as to bring it within the strict line of our duty to ascertain and settle according to the terms and stipulations of the treaty, is that respecting Arnee. For, although the other points enumerated may in some respects have a relation to that treaty, yet, as they are foreign to the purposes expressed in it, and could not be in the contemplation of the contracting parties at the time of making it, those disputes cannot in our comprehension fall within the line of description of rights and pretensions to be now ascertained and settled by us, according to any of the terms and stipulations of it.
In respect to the jaghire of Arnee, we do not find that our records afford us any satisfactory information by what title the Rajah claims it, or what degree of relationship or connection has subsisted between the Rajah and the Killadar of Arnee, save only that by the treaty of 1762 the former became the surety for Tremaul Row's performance of his engagements specified therein, as the conditions for his restoration to that jaghire; on the death of Tremaul Row, we perceive that he was succeeded by his widow, and after her death, by his grandson Seneewasarow, both of whom were admitted to the jaghire by the Nabob.
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 assemble 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. Dupré, 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 title 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 title to it. Nevertheless, we find, that, although the Board passed 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 assigned 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 relationship, by consanguinity, caste, or other circumstances, 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 assumed 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.