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bers constituting the legislative body shall go out. The first vacating of seats, shall take place on the 15th of November, 1807; and on this occasion, lot shall determine the members to go out. The persons going out, shall always be eligible again.

FIFTH PART.

Of the Judicial Power. Art. 1. The judicial tribunals shall be continued as established in the year 1805.

2. The king shall, with regard to the judicial power, exercise all the rights, and all the powers which were assigned to the grand pensionary, by the 49th, 51st, 56th, 79th, 82d, and 87th articles of the constitution of the year 1805.

3. All that relates to the exercise of criminal justice in miltary affairs, shall be fixed by a particular law.

A Proclamation by Thomas Jefferson, President of the United States of America.

Whereas satisfactory information has been received, that Henry Whit. by, commanding a British armed vessel, called the Leander, did, on the 25th day of the month of April last past, within the waters and jurisdiction of the United States, and near to the entrance of the harbour of New York, by a cannon shot fired from the said vessel Leander, commit a murder on the body of John Pierce, a citizen of the United States, then pursuing his lawful vocations within the same waters and jurisdiction of the United States, and near to their shores, and that the said Henry Whitby cannot at this time be brought to justice by the ordinary process of the law.

And whereas it does further ap

pear, that both before and after the said day, sundry trespasses, wrongs, and unlawful interruptions and vexations on trading vessels coming to the United States, and within their waters and vicinity, were committed by the said armed vessel, the Leander, her officers and people; by one other armed vessel, called the Cambrian, commanded by John Nairne, her officers and people; and by one other armed vessel, called the Driver, commanded by Slingsby Simpson, her officers and people, which vessels being all of the same nation, were aid. ing and assisting each other in the trespasses, interruptions, and vexations aforesaid.

Now, wherefore, to the end that the said Henry Whitby may be brought to justice, and due punishment inflicted for the said murder, I do hereby enjoin and require all officers having authority, civil or military, and to all other persons within the limits or jurisdiction of the United States, wheresoever the said Henry Whitby may be found, now or hereafter, to apprehend and secure the said Henry Whitby, and him safely and diligently to deliver to the civil authority of the place, to be proceeded against according to law.

And I do hereby further require, that the said armed vessel the Leander, with her other officers and people, and the said armed vessels, the Cambrian and Driver, their officers and people, immediately and without delay, depart from the harbours and waters of the United States. And I do for ever interdict the entrance of all the harbours and waters of the United States to the said armed ves. sels, and to all other vessels which shall be commanded by the said Henry Whitby, John Nairne, and

Slingsby

1

Slingsby Simpson, or either of them.

either of our Lord, 1806, and of the sovereignty and independence of the United States the thirtieth. (Signed) Thomas Jefferson, By the President.

And if the said vessels, or any of them, shall fail to depart as aforesaid, or shall re-enter the harbours or. waters aforesaid, I do, in that case, forbid all intercourse with the said armed vessels, the Leander, the Cambrian, and the Driver, or with any of them, and the officers and the erews thereof, and do prohibit all supplies and aid from being furnished them, or any of them. And I do declare and make known, that if any person, from or within the ju. risdictional limits of the United States, shall afford any aid to either of the said armed vessels, contrary to the said proclamation, either in repairing such vessel, or in furnishing her officers or crew with supplies of any kind, or in any manner whatsoever, or if any pilot shall assist in navigating any of the said armed vessels, unless it be for the purpose of carrying them, in the first instance, beyond the limits and jurisdiction of the United States, such person or persons shall, on conviction, suffer all the pains and penalties by the laws provided for such offences: and I do hereby enjoin and require all persons bearing office, civil or military, within the United States, and all others, citizens or inhabitants thereof, or being within the same, with vigilance and promptitude to exert their respective authorities, and to be aiding and assisting to the carrying this proclamation, and every part thereof, into full effect.

In testimony whereof, I have caused the seal of the United States to be affixed (L. S) to these presents, and signed the same with my hand.

Given at the city of Washington, the 3d day of May, in the year of

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Definitive Treaty of Amity and Alliance between the Honourable the English East India Company, and the Maharajah Ali Jah Dowlat Row Scindiah Bahadur, and his Children, Heirs, and Successors.

Whereas many doubts and mis. understandings have arisen respecting the clear meaning and interpretation of parts of the treaty of peace, concluded between the British go. vernment, and Dowlut Row Scin diah, at Serjee Anjengaum, on the 30th December, 1803: with a view of doing away with all such doubts, and of preventing the recurrence in future of any misunderstanding, this definitive treaty of amity and alli ance is concluded between the two states, by lieutenant colonel John Malcolm, acting under the immedi ate direction and superintendance of the right honourable general Gerard lord Lake, commander in chief of his majesty's and the honourable company's forces, &c. &c. &c. and vested with full powers and au thority from the honourable sir George Hilaro Barlow, baronet, appointed by the honourable the court of directors of the said company, to controul and direct all their affairs in the East Indies: and Moonshee Kavil Nync, vested with full powers and authority on the part of the said Maharajah Dowlut Row Scindiah.

Article I. Every part of the trea

ty

of peace concluded by general sir Arthur Wellesley, K. B. at Serjee Anjengaum, except what may be altered by this engagement, is to remain binding upon the two states.

Art. II. The hon. company can never acknowledge that Dowlut Row Scindiah has any claim or right grounded on the treaty of Serjee Anjengaum, to possess the fort of Gualior, or the territories of Gohud, but from considerations of friendship, it agrees to cede to the maharajah that fortress, and such parts of the territory of Gohud as are described in the accompanying schedule.

Art. III. As a compensation for this cession, and to remunerate the English government for the annual expence incurred in supporting the rajah of Gohud, Dowlut Row Scindiah agrees on his own part, and that of his sirdars, to relinquish, after the 1st of January, 1806, all right and claim whatever to the pen. sions of fifteen lacks of rupees, granted to several of the chief officers of his state, by the 7th article of the aforesaid treaty of Serjee Anjengaum.

Art. IV. The hon. company a.. gree to pay to Dowlut Row Scindiah the arrears due upon the pensions granted by the 7th article of the treaty of peace, as above mentioned, up to the 31st of December, 1805, and also the balance due upon the revenues of Dholepoor, Rajah Kerrah, and Barree, up to the same date, making deductions on the following heads :—

1st. Pensions forfeited by Bappoo Scindiah and Sudasheo Row, by acts of hostility towards the British government, to be stopped from the date of their hostility.

2nd. Plunder of the British resideucy.

3rd. Cash advanced by Mr. Jenkins to parties of the Maharajah's troops.

4th. Charges of collection, &c. for the provinces of Dholepoor, Barree, and Rajah-Kerrah.

Art. V. With a view of preventing any misunderstanding relative to their respective possessions in the quarter of Hindostan, it is agreed that the river Chumbul shall form the boundary between the two states, from the city of Kottah to the west, to the limits of the terri. tories of Gohud to the east, and within that extent of the course of the Chumbul, Dowlut Row Scindiah shall have no claim or right to any rule, tribute, revenues, or possessions on its north bank, and the hon. company shall have no claim, or right to any rule, tribute, revenues, or possessions on the south bank of that river. The Talooks of Bhadek and Sooseperarah, which are on the banks of the Jumna, will however remain in the possession of the hon. company.

Art. VI. By the 5th article of this treaty, which makes the river Chumbul the boundary of the two states, from the city of Kottah to the west, to the limits of the territories of Gohud to the east, the Maharajah resigns all pretensions and claims to any tribute from the rajah of Boondee, or any other on the north bank of the Chumbul, within the aforementioned limits, as also to the countries of Zemeendah, Dholepoor, Rajah Kerrah, and Barree, anciently in the possession of the Maharajah, all which now remains in the possession of the hon. company.

Art. VII. The hon. company, on consideration of the benefits derived from the article which makes the Chumbul the boundary between the two states, and from friendship to the Maharajah, agree to grant to him personally and exclusively the annual sum of four lacks of rupees, to be paid by quarterly instalments through the resident at the Durbar; and the hon. company also agree to assign within their territories in Hindostan, a jaggeer (to be holden on the same footing as that enjoyed by Balla Bhye) amounting to a revenue of two lacks of rupees per annum to Bacezah Bhye, the wife of Dowlut Row Scindiah, and a jaggeer amounting to the sum of one lack of rupees per annum to Chumnah Bhye, the daughter of that chief.

Art. VIII. The hon. company engage to enter into no treaties with the rajahs of Oudeepoor and Joudpoor and Kottah, or other chiefs, tributaries of Dowlut Row Scindiah, situated in Malwa, Me. war, and Marwar, and in no shape whatever, to interfere with the settlement which Scindiah may make with those chiefs.

Art. IX. The hon. company are now engaged in a war with Jeswunt Row Holkar, and using every exertion for his reduction, but should they hereafter make a peace, or enter into any agreement with that chief, they engage not to restore to him, or desire to be restored to him, any of the possessions of the family of Holkar, in the province of Malwa, lying between the river Tapti and Chumbul, which may have been taken by Dowlut Row Scindiah, nor will the hon. company interfere in any manner whatever in the disposal of those

provinces, and they will consider Dowlut Row Scindiah at full liberty to make such arrangement as he chuses with Jeswuut Row Holkar, or with any other branch of the Holkar family, respecting the claims of that family to tribute from the rajahs or others, or to any possessions situated to the north of the river Tapti, and to the south of the river Chumbul: but it is clearly to be understood, that as the company's government agrees not to concern itself with the arrangements which Scindiah may make with the family of Holkar, respect. ing their claims or hereditary pos. sessions situated between the Tapti and the Chumbul, that government will not take part in any dispute or war which may be the result or consequence of any such arrangement or settlement.

Art. X.-As Serjee Row Ghautka has acted in a manner calculated to disturb the friendship between the two states, the Maharajah agrees never to admit that chief to share in his councils, or hold any public employment under his government.

Art. XI. This treaty, consisting of eleven articles, has been this day settled by lieut. colonel Malcolm, acting under the directions of the right hon. lord Lake, on the part of the hon. company, and by Moonshee Kavil Nyne, on the part of Dowlat Row Scindiah; lieutenant-colonel John Malcolm has delivered one copy thereof in Persian and English, signed and sealed by himself, to the said Moonshee Karil Nyne, to be forwarded to the Maharajah Dowlut Row Scindiah, and has received from the said Moonshee Kavil Nyne, a counterpart of the said treaty signed and sealed by

the said Moonshee. Lieutenantcolonel John Malcolm engages that a copy of the said treaty, ratified by the honourable the governorgeneral, in every respect a counterpart of the treaty, now executed by himself, shall be delivered to Moonshee Kavil Nyne, to be for. warded to the Maharajah, within the period of one month from this date, and ou the delivery of such copy to the Maharajah, the treaty executed by lieutenant-colonel John Malcolm, under the immediate direction of the right hon. lord Lake, shall be returned: and Moonshec Kavil Nyne, in like manner engages, that another copy of the said treaty, ratified by the Maharajah Ali Jah Dowlut Row Scindiah, in every respect a counterpart of the treaty now executed by himself, shall be delivered to lieutenant-colonel John Malcolm, to be forwarded to the honourable the governor general, within the period of one month from this date, and on the delivery of such copy to the honourable the governor gene. ral, the treaty executed by Moonshee Kavil Nyne, by virtue of the full powers and authority vested in him, as abovementioned, shall also be returned.

Done at Mustafahpoor, this twenty-second day of Nov. Anno Domini one thousand eight hundred and five, or twenty ninth of Shaban, in the year of the Hijerah 1220. (Signed)

John Malcolm. Kavil Nyne.

Declaratory Articles annexed to the Treaty concluded between the Right Honourable Lord Lake on the Part of the Honourable Company, and Maharajah Dowlut VOL. XLVIII.

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Row Scindiah, on the 22d of No-. vember, 1805.

Whereas objections have arisen to the terms of the 5th, 6th, and 7th articles of the aforesaid treaty, it is hereby agreed and declared, that in lieu of those three articles, the two following shall be substi tuted.

Article I.-With a view to prevent any misunderstanding relating to the respective possessions of the honourable company and Maharajah Dowlut Row Scindiah, in the quarters of Hindostan, the Maharajah hereby agrees to cede to the honourable company all the territory north of the river Chumbul, which was ceded to the Maharajah by the 7th article of the treaty of Serjee Anjengaum, that is to say, the whole of the districts of Dholepore, Barree, and Rajah Kerrah; and the honourable company shall have no claim or right to any rule, tribute, or revenues, or possessions on the south bank of that river. The Talooks of Bhadeck and Soo. seperarah, which are on the banks of the Jumna, will, however, remain in the possession of the hon. company.

Art. II.-The honourable company, from friendship to the Maharajah, agree to grant him personally and exclusively the annual sum of four lacks of rupees, to be paid by quarterly instalments, through the resident at the Durbar; and the honourable company, also agree to assign within their territories in Hindostan, a jaggeer (to be holden on the same footing as that enjoyed by Balla Bhye) amounting to a revenue of two lacks of rupees per annum, to Bacezah Bhye, the wife of Dowlut Row Z z Scindiah;

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