X. That the aforesaid member of the Council did further disapprove altogether of the guaranty, “as unnecessary”; and that another member of Council, Richard Barwell, Esquire, the near relation of Daniel Octavus Barwell, hereinbefore named, did declare, (but after the said guaranty had taken place,) that “this government [of Calcutta] was in fact engaged by Colonel Champion’s signature being to the treaty with Fyzoola Khan.”  That the said unnecessary guaranty did not only subject to an heavy expense a prince whom we were bound to protect, but did further produce in his mind the following obvious and natural conclusion, namely, “that the signature of any person, in whatever public capacity he at present appears, will not be valid and of effect, as soon as some other shall fill his station”:  a conclusion, however, immediately tending to the total discredit of all powers delegated from the board to any individual servant of the Company, and consequently to clog, perplex, and embarrass in future all transactions carried on at a distance from the seat of government, and to disturb the security of all persons possessing instruments already so ratified,—­yet the only conclusion left to Fyzoola Khan which did not involve some affront either to the private honor of the Company’s servants or to the public honor of the Company itself; and that the suspicions which originated from the said idea in the breast of Fyzoola Khan to the prejudice of the Resident Middleton’s authority did compel the Governor-General, Warren Hastings, to obviate the bad effects of his first motion for the guaranty by a second motion, namely, “That a letter be written to Fyzoola Khan from myself, confirming the obligations of the Company as guaranties to the treaty formed between him and the Vizier,—­which will be equivalent in its effect, though not in form, to an engagement sent him with the Company’s seal affixed to it.”

XII.[23] That, whether the guaranty aforesaid was or was not necessary, whether it created a new obligation or but more fully recognized an obligation previously existing, the Governor-General, Warren Hastings, by the said guaranty, did, in the most explicit manner, pledge and commit the public faith of the Company and the nation; and that by the subsequent letter of the said Hastings (which he at his own motion wrote, confirming to Fyzoola Khan the aforesaid guaranty) the said Hastings did again pledge and commit the public faith of the Company and the nation, in a manner (as the said Hastings himself remarked) “equivalent to an engagement with the Company’s seal affixed to it,” and more particularly binding the said Hastings personally to exact a due observance of the guarantied treaty, especially to protect the Nabob Fyzoola Khan against any arbitrary construction or unwarranted requisition of the Vizier.

PART IV.

THANKS OF THE BOARD TO FYZOOLA KHAN.