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. Dupré 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 document 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 asserted 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 circumstances 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 assignments 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.