On a retrospect of the proceedings transmitted to us from your Presidency, on the subject of the disputes which have heretofore arisen between the Nabob and the Rajah, we find the following points remain unadjusted, viz.
1st, Whether the jaghire of Arnee shall be enjoyed by the Nabob, or delivered up, either to the Rajah, or the descendants of Tremaul Row, the late jaghiredar.
2d, Whether the fort and district of Hanamantagoody, which is admitted by both parties to be within the Marawar, ought to be possessed by the Nabob, or to be delivered up by him to the Rajah.
3rd, To whom the government share of the crop of the Tanjore country, of the year 1775-6, properly belongs.
Lastly, Whether the Rajah has a right, by usage and custom, or ought, from the necessity of the case, to be permitted to repair such part of the Anicut, or dam and banks of the Cavery, as lie within the district of Trichinopoly, and to take earth and sand in the Trichinopoly territory for the repairs of the dam and banks within either or both of those districts.
In order to obtain a complete knowledge of the facts and circumstances relative to the several points in dispute, and how far they are connected with the treaty of 1762, we have with great circumspection examined into all the materials before us on these subjects, and will proceed to state to you the result of our inquiries and deliberations.
The objects of the treaty of 1762 appear to be restricted to the arrears of tribute to be paid to the Nabob for his past claims, and to the quantum of the Rajah’s future tribute or peshcush; the cancelling of a certain bond given by the Rajah’s father to the father of the Nabob; the confirmation to the Rajah of the districts of Coveladdy and Elangaud, and the restoration of Tremaul Row to his jaghire of Arnee, in condescension to the Rajah’s request, upon certain stipulations, viz., that the fort of Arnee and Doby Gudy should be retained by the Nabob; that Tremaul Row should not erect any fortress, walled pagoda, or other stronghold, nor any wall round his dwelling-house exceeding eight feet high or two feet thick, and should in all things behave himself with due obedience to the government; and that he should pay yearly, in the month of July, unto the Nabob or his successors, the sum of ten thousand rupees: the Rajah thereby becoming the security for Tremaul Row, that he should in all things demean and behave himself accordingly, and pay yearly the stipulated sum.
Upon a review of this treaty, the only point now in dispute, which appears to us to be so immediately connected with it as to bring it within the strict line of our duty to ascertain and settle according to the terms and stipulations of the treaty, is that respecting Arnee. For, although the other points enumerated may in some respects have a relation to that treaty, yet, as they are foreign to the purposes expressed in it, and could not be in the contemplation of the contracting parties at the time of making it, those disputes cannot in our comprehension fall within the line of description of rights and pretensions to be now ascertained and settled by us, according to any of the terms and stipulations of it.