On the 11th of September, 1837, a subsidiary-treaty was concluded with the new sovereign, Mahommed Allee Shah, on the ground that though a larger force was kept up by the King of Oude than was authorised by the treaty of 1801, still it was found inadequate to the duties that devolved upon it, and it was therefore expedient to relax the restrictions as to the amount of military force to be maintained by the King of Oude, on condition that an adequate portion of the increased forces should be placed under British discipline and control. It was stipulated accordingly that the King might employ such a military establishment as he might deem necessary for the government of his dominion: that it should consist of not less than two regiments of cavalry, five of infantry, and two companies of artillery; that the Government of Oude should fix the sum of sixteen lacs of rupees a-year for the expenses of the force, including their pay, arms, equipments, public buildings, &c.; that the expenditure on account of this force of all descriptions should never exceed sixteen lacs; that the organization of this force should not commence till eighteen months after the 1st of September, 1837; that the King should take into his service an efficient number of British officers for the due discipline and efficiency of this force; that this force should be fixed at such stations in Oude as might seem to both Governments, from time to time, to be best, and employed on all occasions on which its services might be deemed necessary by the King of Oude, with the concurrence of the Resident, but not in the ordinary collections of the revenue; that the King should exert himself, in concert with the Resident, to remedy the existing defects in his administration; and should he neglect to attend to the advice and counsel of the British Government, or its representative, and should gross and systematic oppression, anarchy, and misrule, at any time hereafter prevail within the Oude territories, such as seriously to endanger the public tranquillity, the British Government would have the right to appoint its own officers to the management of all portions of the Oude territory in which such misrule might have occurred for so long a period as it might deem necessary, the surplus receipts in such case, after defraying all charges, to be paid into the King's treasury, and a true and faithful account rendered to his Majesty of the receipts and expenditure of the territories so assumed; that should the Governor-General of India in Council be compelled to resort to the exercise of this authority, he would endeavour, as far as possible, to maintain (with such improvements as they might admit of) the native institutions and forms of administration within the assumed territories, so as to facilitate the restoration of those territories to the sovereign of Oude when the proper period of such restoration should arrive.
This treaty was ratified by the Governor-General in Council on the 18th of September, 1837, but the Honourable the Court of Directors, with that anxious regard for strict justice which, after long and varied experience, I have always found to characterise their views and orders, disapproved of that part of the above treaty which imposed on the Oude state the expense of the auxiliary force; and on the 8th of July, 1839, the King was informed, amidst great rejoicings, that he was relieved from this burthen of sixteen lacs of rupees a-year, which the British Government took upon itself. Only part of this auxiliary force had been raised when these orders came, and only two regiments of infantry out of that part were retained, one stationed at Soltanpore, and the other at Seetapore.
Up to 1835, the British forces in Oude amounted to two companies of artillery, with fourteen guns, and six regiments of infantry. Early in that year (1835), four guns, with a proportion of artillerymen, and one regiment of Native Infantry, were withdrawn, leaving the British force in Oude one company and a-half of artillery, with ten guns, and five regiments of Native Infantry. In 1837, when two infantry regiments of the auxiliary force had been raised, four guns more, with a detail of artillery, and two regiments more of Native Infantry were withdrawn from the two stations of Soltanpore and Seetapore, leaving the force paid by the British Government one company of artillery, with six guns, stationed at Lucknow, three regiments of Native Infantry at Lucknow, one regiment of the Oude auxiliary force stationed at Soltanpore, and the other at Seetapore. There had been artillery and guns at Pertabgur, Soltanpore, Secrora and Seetapore, and a regiment of regular cavalry at Pertabgur. In 1815 this regiment of cavalry was withdrawn for the Nepaul war, and subsequently it was retained for the Mahratta war. It was sent back to Pertabgur in 1820, but finally withdrawn in 1821. The British Government now maintains no cavalry in any part of the King of Oude's dominions, and no artillery or guns at any place but Lucknow.*
[* There is a small detachment of thirty sowars from an irregular corps attached to the Resident.]
In fairness there should be guns at Seetapore and Soltanpore, and a corps of regular or irregular cavalry at Lucknow, or some other more convenient station. The stations of Secrora and Pertabgur were done away with by general orders 28th January, 1835, when one regiment of Native Infantry was withdrawn altogether from Oude, and one added to the two theretofore stationed at Lucknow. In consequence of these arrangements, the British force in Oude is much less than it was when the treaty of the 11th of September, 1837, was made, and assuredly less than it should be with a due regard to our engagements and the Oude requirements. Our Government instead of taking upon itself the additional burthen of sixteen lacs of rupees a-year to render the Oude Government more efficient, has relieved itself of a good deal of that which it bore before the new treaty was entered into, and this is certainly not what the Court of Directors contemplated, or the Oude Government expected.
Our exigencies became great with the Affghan war, and have continued to be so from those wars which grew out of it with Gwalior, Scinde, and the Punjab; but they have all now passed away, and those of our humble ally should be no longer forgotten or disregarded. Though we seldom give him the use of troops in support of the authority of his local officers, still the prestige of having them at hand, in support of a just cause, is unquestionably of great advantage to him and to his people, and this advantage we cannot withhold from him with a due regard to the obligations of solemn treaties.
But in considering the rights which the sovereign of Oude has acquired by solemn treaties to our support, we must not forget those which the five millions of people subject to his rule have acquired by the same treaties to the protection of our Government, and it is a grave question, that must soon be solved, whether we can any longer support the present sovereign and system of government in Oude, without subjecting ourselves to the reproach of shamefully neglecting the duties we owe to these millions.
The present King ascended the throne on the death of his father, on the 13th of February, 1847. In a letter dated the 24th of July of that year, the Resident is told "that it will be his Majesty's duty to establish such an administration, to be carried out by his own officers, as shall insure the prosperity of the people; that any neglect of this essential principle will be an infringement of treaty; and that the Governor-General must, in the performance of his duty, require the King to fulfil his obligations to his subjects—that his Majesty must understand that, as a sovereign, he has duties to perform to, as well as claims to exact from, the people committed to his care."
In the month of November in that year, the Governor-General. Lord Hardinge, visited Lucknow; and in a conference held with the King, he caused a memorandum which he had drawn up for the occasion to be read and carefully explained to his Majesty. It stated, "that in all our engagements the utmost care had always been taken, not only to uphold the authority of native rulers, but also to secure the just rights of the people subject to their rule; that the same principle is maintained in the treaty of 1801 with Oude, in the sixth paragraph of which the engagement is entered into 'for the establishment of such a system of government as shall be conducive to the prosperity of the King's subjects, and calculated to secure to them their lives and properties;' that in the memorandum of 1802, signed by the Governor-General, the King engages to establish judicial tribunals for the free and pure administration of justice to all his subjects; and that it is recorded in the sovereign's own hand in that document, 'let the Company's officers assist in enforcing obedience to these tribunals;' that it is, therefore, evident that in all these stipulations the same principle prevailed—namely, that while we engage to maintain the prince in the full exercise of his powers, we also provide for the protection of his people.
"That, in the more recent treaty of 1837, it is stated that the solemn and paramount obligation provided by treaty for the prosperity of his Majesty's subjects, and the security of the lives and property of the inhabitants, has been notoriously neglected by several successive rulers in Oude, thereby exposing the British Government to the reproach of having imperfectly fulfilled its obligations towards the Oude people; that his Lordship alludes to the treaty of 1837, as confirming the original treaty of 1801, and not only giving the British Government the right to interfere, but declaring it to be the intention of the Government to interfere, if necessary, for the purpose of securing good government in Oude; that the King can, therefore, have no doubt that the Governor-General is not only justified, but bound by his duty, to take care that the stipulations provided by treaty shall be fairly and substantially carried into effect; that if the Governor-General permits the continuation of any flagrant system of mismanagement which by treaty he is empowered to correct, he becomes the participator in abuses which it is his duty to redress; and in this case no ruler of Oude can expect the Governor-General to incur a responsibility so repugnant to the principles of the British Government, and so odious to the feelings of the British people.