VI.  That the said Warren Hastings doth then continue to instruct the said Palmer in the alternative of a refusal from Fyzoola Khan.  “If Fyzoola Khan shall refuse to treat for a subsidy, and claim the benefit of his original agreement in its literal expression, he possesses a right which we cannot dispute, and it will in that case remain only to fix the precise number of horse which he shall furnish, which ought at least to exceed twenty-five hundred.”

VII.  That, in the above-recited instruction, the said Warren Hastings doth insinuate (for he doth not directly assert),—­

1st.  That we are entitled by treaty to five thousand troops, which he says were undoubtedly intended to be all cavalry.

2d.  That the said Hastings doth then admit that a single horseman, included in the aid furnished by Fyzoola Khan, would prove a literal compliance.

3d.  That the said Hastings doth next resort again to the supposition of our right to the whole five thousand cavalry.

4th.  That the said Hastings doth afterwards think, in the event of an explanation of the treaty, and a settlement of the proportion of cavalry, instead of a pecuniary commutation, it will be all we can demand that the number should at least exceed twenty-five hundred.

5th.  That the said Hastings doth, in calculating the supposed time of their service, assume an arbitrary estimate of one year of war to four of peace; which (however moderate the calculation may appear on the average of the said Hastings’s own government) doth involve a principle in a considerable degree repugnant to the system of perfect peace inculcated in the standing orders of the Company.

6th.  That, in estimating the pay of the cavalry to be commuted, the said Hastings doth fix the pay of each man at fifty rupees a month; which on five thousand troops, all cavalry, (as the said Hastings supposes the treaty of Lall-Dang to have meant,) would amount to an expense of thirty lacs a year, or between 300,000_l._ or 400,000_l._ And this expense, strictly resulting (according to the calculations of the said Hastings) from the intention of Sujah ul Dowlah’s grant to Fyzoola Khan, was designed to be supported out of a jaghire valued at fifteen lacs only, or something more than 150,000_l._ of yearly revenue, just half the amount of the expense to be incurred in consideration of the said jaghire.

And that a basis of negotiation so inconsistent, so arbitrary, and so unjust is contrary to that uprightness and integrity which should mark the transactions of a great state, and is highly derogatory to the honor of this nation.

VIII.  That, notwithstanding the seeming moderation and justice of the said Hastings in admitting the clear and undoubted right of Fyzoola Khan to insist on his treaty, the head of instruction immediately succeeding doth afford just reason for a violent presumption that such apparent lenity was but policy, to give a color to his conduct:  he, the said Hastings, in the very next paragraph, bringing forth a new engine of oppression, as follows.