e demand as a breach of treaty could
only be answered by charging a prior breach of treaty on Fyzoola Khan,
so by annulling the whole treaty to reduce the question to a mere
question of force, and thus "oblige Fyzoola Khan to send the five
thousand horse": "for," (continues the Vizier,) "if, when the Company's
affairs, on which my honor depends, require it, Fyzoola Khan will not
lend his assistance, _what_ USE _is there to continue the country to
him_?"

That the Vizier actually did make his application to Fyzoola Khan for
the five thousand horse, not as for an aid to which he had a just claim,
but as for something over and above the obligations of the treaty,
something "that would give increase to their friendship and satisfaction
to the Nabob Governor," (meaning the said Hastings,) whose directions he
represents as the motive "of his call for the five thousand horse to be
employed," not in his, the Vizier's, "but in the Company's service."

And that the aforesaid Warren Hastings did, therefore, in recording the
answer of Fyzoola Khan as an evasion of treaty, act in notorious
contradiction not only to that which ought to have been the fair
construction of the said treaty, but to that which he, the said
Hastings, must have known to be the Vizier's own interpretation of the
same, disposed as the Vizier was "to reproach Fyzoola Khan with breach
of treaty," and to "send up persons who should settle points with him."

V. That the said Warren Hastings, not thinking himself justified, on the
mere plea of an evasion, to push forward his proceedings to that
extremity which he seems already to have made his scope and object, and
seeking some better color for his unjust and violent purposes, did
further move, that commissioners should be sent from the Vizier and the
Company to Fyzoola Khan, to insist on a clause of a treaty which nowhere
appears, being essentially different from the treaty of Lall-Dang,
though not in the part on which the requisition is founded; and the said
Hastings did then, in a style unusually imperative, proceed as follows.

"_Demand immediate delivery of three thousand cavalry; and if he should
evade or refuse compliance, that the deputies shall deliver him a formal
protest against him for breach of treaty_, and return, making this
report to the Vizier, which Mr. Middleton is to transmit to the board."

VI. That the said motion of the Governor-General, Hastings, was ordered
accordingly,--the Council, as