such ready assent in the following words: "I considered the subjects of his [the Vizier's] requests as essential to the reputation of our government, and no less to our interest than his."
II. That in the said treaty of Chunar the third article is as follows.
"That, as Fyzoola Khân has by his breach of treaty forfeited the protection of the English government, and causes by his continuance in his present independent state great alarm and detriment to the Nabob Vizier, he be permitted, when time shall suit, to resume his lands, and pay him in money, through the Resident, the amount stipulated by treaty, after deducting the amount and charges of the troops he stands engaged to furnish by treaty; which amount shall be passed to the account of the Company during the continuance of the present war."
III. That, for the better elucidation of his policy in the several articles of the treaty above mentioned, the said Hastings did send to the Council of Calcutta (now consisting of Edward Wheler and John Macpherson, Esquires) two different copies of the said treaty, with explanatory minutes opposed to each article; and that the minute opposed to the third article is thus expressed.
"The conduct of Fyzoola Khân, in refusing the aid demanded, though (1.) not an absolute breach of treaty, was evasive and uncandid. (2.) The demand was made for five thousand cavalry. (3.) The engagement, in the treaty is literally for five thousand horse and foot. Fyzoola Khân could not be ignorant that we had no occasion for any succors of infantry from him,
and that cavalry would be of the most essential service. (4.) So scrupulous an attention to literal expression, when a more liberal interpretation would have been highly useful and acceptable to us, strongly marks his unfriendly disposition, though it may not impeach his fidelity, and leaves him little claim to any exertions from us for the continuance of his jaghires. But (5.) I am of opinion that neither the Vizier's nor the Company's interests would be promoted by depriving Fyzoola Khân of his independency, and I have (6.) therefore reserved the execution of this agreement to an indefinite term; and our government may always interpose to prevent any ill effects from it."
IV. That, in his aforesaid authentic evidence of his own purposes, motives, and principles, in the third article of the treaty of Chunar, the said Hastings hath established divers matters of weighty and serious crimination against himself.
1st. That the said Hastings doth acknowledge therein, that he did, in a public instrument, solemnly recognize, "as a breach of treaty," and as such did subject to the consequent penalties, an act which he, the said Hastings, did at the same time think, and did immediately declare, to be "no breach of treaty"; and by so falsely and unjustly proceeding against a person under the Company's guaranty, the said Hastings, on his own confession, did himself break the faith of the said guaranty.
2d. That, in justifying this breach of the Company's faith, the said Hastings doth wholly abandon his second peremptory demand for the three thousand horse, and the protest consequent thereon; and the said Hastings doth thereby himself condemn the violence and injustice of the same.