degree." The demand was made, and "a flat refusal"
given. The question was repeated, with like effect. The said Johnson, in
presence of proper witnesses, then drew up his protest, "together with a
memorandum of _a palliative offer_ made by the Nabob Fyzoola Khan," and
inserted in the protest:--"That he would, in compliance with the demand,
and _in conformity to the treaty, which specified no definite number of
cavalry or infantry, only expressing troops_, furnish three thousand
men: viz., he would, in addition to the one thousand cavalry already
granted, give one thousand more, when and wheresoever required, and one
thousand foot,"--together with one year's pay in advance, and funds for
the regular payment of them in future.

And this, the said Richard Johnson observes, "I put down at his [the
Nabob Fyzoola Khan's] particular desire, but otherwise useless; as _my
orders_" (which orders do not appear) "_were, not to receive any
palliation, but a negative or affirmative_": though such palliation, as
it is called by the said Johnson, might be, as it was, in the strictest
conformity to the treaty.

X. That in the said offer the Nabob Fyzoola Khan, instead of palliating,
did at once admit the extreme right of the Vizier under the treaty, by
agreeing to furnish three thousand men, when he, Fyzoola Khan, would
have been justified in pleading his inability to send more than two
thousand; that such inability would not (as appears) have been a false
and evasive plea, but perfectly true and valid,--as the three thousand
foot maintained by Fyzoola Khan were for the purposes of his internal
government, for which the whole three thousand must have been
demonstrably necessary; and that the Nabob Fyzoola Khan, by declining to
avail himself of a plea so fair, so well founded, and so consonant to
the indulgence expressly acknowledged in the treaty, and by thus meeting
the specific demand of the Vizier as fully as, according to his own
military establishment, he could, did for the said offer deserve rather
the thanks of the said Vizier and the Company than the protest which the
aforesaid Johnson, under the orders of Warren Hastings, did deliver.

XI. That the report of the said protest, as well as the former letter of
the said Johnson, were by the Resident, Middleton, transmitted to the
board, together with a letter from the Vizier, founded on the said
report and letter of the said Johnson, and proposing in consequence "to
resume the gr