conspicuous in all its transactions with the Nepaulese, contented itself for a considerable period with remonstrances and representations, trusting that the justice of its cause would become apparent to the Nepaulese government, and produce the proper effect on the mind of its Rajah and his ministers. The repeated complaints of its subjects, and the occurrence of a new instance of encroachment in the Tuppah of Nunnore, forming a portion of Betteah, which led to an affair in which Subah Luchinger, an officer of the Nepaulese government, was slain, at last induced the British government to depute one of its civil officers on the spot, where he was met by deputies from the state of Nepaul, in concert with whom proceedings were held, and evidence taken, for the purpose of ascertaining the claims of the parties. The result left no doubt of the right of the British government, and of the unjust and violent procedure of the Nepaulese.

A more striking proof of the spirit of rapacity and unjust aggression by which the Nepaulese were actuated, cannot be adduced, than the fact, that, after having agreed in the investigation referred to above, and after the actual deputation of officers by each government, the Nepaulese suddenly seized an additional tract of country belonging to the company, at a very short distance from the scene of their former aggressions. This violent and unjust procedure would have warranted an immediate demand for restitution, or even the actual re-occupation of the lands by force; and it may now be subject of regret to the British government that this course was not pursued. Far, however, from resenting or punishing this daring outrage as it deserved, the British government resolved to persevere in the amicable course which it had pursued in other cases, and permitted Mr. Young, the gentleman deputed to meet the Nepaulese commissioners, to extend his inquiries to the lands newly seized as above stated, as well as those which formed the original object of his deputation.

The pretext by which the Nepaulese attempted to justify their occupation of the lands in Nunnoar, which consisted of no fewer than twenty-two villages, was, that they were included in the Tuppah of Rotehut, forming

a division of Pergunah Sunnown, which Tuppah was restored to the Nepaulese in the year 1780, with the rest of the Terraice of Muckwanpore, which had been conquered by the British arms under major Kinloch. The utter groundlessness of this pretext was proved by the evidence taken by Mr. Young, which clearly established that the disputed lands were situated in the Tuppah of Nunnoar, a portion of Purgunnah Suurawan, which had been reserved by the company at the time of the restitution of Rotehut and Muckwanpore.

The declaration charges the Nepaulese with having acted on a premeditated system of gradual encroachment, which, owing to the unexampled forbearance and moderation of the British government, they had already found to be successful; and that the assertion of the twenty-two villages having been included in the Tuppah of Rotehut, was merely brought forward to give a colour to their conduct. The attempt to fix on the subjects of the honourable company the guilt of the murder of Subah Luchinger, and to urge, because the Rajah of Betteah, and his followers, were not punished for that act, that they were justified in their subsequent proceedings, is rebutted by the uncontested fact, that Luchinger had, previously to the occurrence of the affray in which he died, possessed himself of some villages in Betteah, and was preparing to extend his encroachments. The declaration then proceeds:

As the final resolution of the British government, with respect to the usurped lands in Betteah, was in part influenced by the conduct of the Nepaulese, relative to the disputed territory of Bootwul Sheoraj in Goruckpore, it will be proper to advert to the circumstances of that transaction in this place.

It is notorious, and it has also been proved by reference to authentic records, and by the unimpeached testimony of living witnesses, that the whole of Bootwul, to the very foot of the hills, with the exception of the town of Bootwul alone, was held by the Rajahs of Palpah, from the Nawaub Vizier, for a considerable period antecedent to the treaty of cession in 1801: and that it was transferred to the company by the terms of that treaty, being specifically included in the schedule

thereunto annexed. It is no less matter of notoriety that the district of Bootwul actually came into the possession of the British government by virtue of the cession, and that a settlement was made by the collector of Goruckpore with the agent of the late Rajah of Palpah, at that time a prisoner at Catmandhoo, for an annual rent of thirty-two thousand rupees, without the semblance of an objection on the part of the Rajah of Nepaul. So it remained until the year 1804, when the Nepaulese commenced that system of gradual encroachment below the hills, which terminated in their occupation of nearly the whole district of Bootwul. The Tuppah of Sheoraj was occupied by the Nepaulese antecedently to the cession; but it is no less certain, that it was a part of the territory of the Vizier, and, together with the rest of the low lands skirting the hills in the district of Goruckpore, included in the cession.

The Nepaulese pretended to found their claim to Bootwul and Sheoraj, and to the other portions on the lands below the hills, on the circumstance of their having formed the Terraice, or low lands of the hill countries of Bulpah, Goolmee, Pentaneh, Kamchee, &c. which the Nepaulese have conquered. Admitting that the low lands were possessed by the chiefs of the neighbouring hill principalities, the admission does not affect the question, since it was perfectly ascertained, that for a considerable period before the Goorkah conquest, they formed a part of the dominions of Oude; and the conquest therefore of the independent hill principalities cannot give to the conquering power any just claim to other lands, which, though in the occupation of the same chiefs, were held independent tenures from another

state.

their encroachments. At length a proposition was made by the Rajah of Nepaul, that commissioners should be appointed to treat on the spot, and decide the respective claims of the parties, under the express condition that both governments would abide by the issue of it. The proposition was acceded to: major Bradshaw proceeded to Bootwul, and met two commissioners from Catmandhoo: after much delay and procrastination, the proceedings were brought to a close; the most irrefragable proofs, both oral and documentary, established the right of the British government to the whole of the low lands. The Nepaulese commissioners, unable to reject the force of this evidence, and restrained by the order of their court, from admitting the right of the British government, pretended that they were not authorised to come to a decision, and referred the case to the Rajah's government for orders. The British government then applied to the Rajah to give up the lands, in consequence of the result of the investigation; which he refused. In this state the affair necessarily remained until the ensuing season, 1813-14. In the meanwhile major Bradshaw proceeded, as soon as the state of the country admitted of his marching to the frontier of Betteah, where he was to be met by commissioners from Nepaul, empowered to adjust, in concert with him, the depending claims in that quarter, no practical measure having yet resulted from the inquiry conducted by Mr. Young.

to the issue of the intended inquiry. The governor-general in council, after due deli beration, now conceived that, in point of fairness, nothing more could be required than that the commissioners of both governments should meet for the purpose of discussing the question on the basis of investigation

actually closed, and of supplying any defects which might be considered in that investigation by further inquiry on the spot. This proposal being made by major Bradshaw, with an offer to produce further documents, they declared that they would not meet him, nor hold any communication with him; and, revoking the conditional transfer of the reversed lands, demanded that major Bradshaw should instantly leave the frontier. The British government, finding all conciliatory proposals rejected with insult, ordered the troops to march; and the Nepaulese forces, and the public officers of that government, etiring on the advance of the British troops, the civil officers of the honourable company were enabled to establish their authority in the disputed lands.

The commencement of the rainy season shortly rendered it necessary to withdraw the regular troops, in order that they might not be exposed to the periodical fevers which reign throughout the tract in that part of the year. The defence of the recovered lands was, of course, unavoidably entrusted to the police establishments. The apparent acquiescence, however, of the Nepaulese in what had taken place, left no room for apprehension especially as no real violence had been used in obliging the Nepaulese to retire from the district. On the morning of the 29th of May, the principal police station in Bootwul was attacked by a large body of the Nepaulese troops, headed by an officer of that government, named Munraj Foujdar, and driven out of Bootwul, with the loss of eighteen men killed and wounded. Among the former was the Darojah, or principal police officer, who was murdered in cold blood, with circumstances of peculiar barbarity, in the presence of Munraj Foujdar, after surrendering himself a prisoner. Another police Tannah was subsequently attacked by the Nepaulese troops, and driven out with the loss of several persons killed and wounded. In consequence of the impracticability of supporting the police Tannahs, by sending troops into the country at that unhealthy season, it became necessary to withdraw them, and the Nepaulese were thus enabled to re-occupy the whole of the disputed territory, which they have since retained. The

British government had not ceased to hope that an amicable adjustment of its differences with the state of Nepaul might still be ac complished, when the perpetration of this sanguinary and atrocious outrage, by which the state of Nepaul at once placed itself in the condition of a public enemy of the British government, put an end to the possibility of any accommodation, except on the basis of unqualified submission and atonement. Still the governor-general would not proceed to actual hostilities, without giving to the Rajah of Nepaul one other opening for avoiding so serious an issue. Therefore, his excellency wrote to the Rajah of Nepaul, to apprise him of what must be the consequence of the insolent outrage which had taken place, unless the government of Nepaul should exonerate itself from the act by disavowal and punishment of the perpetrators. This letter received an answer wholly evasive, and even implying menace.

The requisite submission and atonement having thus been withheld, the British government had no choice left but an appeal to arms, in order to avenge its innocent subjects, and vindicate its insulted dignity and honour. The unfavourable season of the year alone prevented it from having instant recourse to the measures necessary for chas tising the insolence, violence, and barbarity of the Nepaulese, whose whole conduct, not only in the particular cases above detailed, but in every part of their proceedings towards the British government for a series of years, has been marked by an entire disregard of the principles of honour, justice, and good faith, aggravated by the most flagrant insolence, presumption, and audacity, and has manifested the existence of a long determined resolution, on the part of the court of Catmundhoo, to reject all the just demands of the British government, and to refer the decision of the questions depending between the two states to the issue of a war.

Ever since the murder of the police officers in Bootwul, and during the unavoidable interval of inaction which followed, the Nepaulese, with a baseness and barbarity peculiar to themselves, had endeavoured to destroy the British troops and the subjects of the company, on the frontier of Sarun, by

poisoning the water of the wells and tanks in a tract of considerable extent. The fortunate discovery of this attempt baffled the infamous design, and placed incontrovertible proof of it in the hands of the British government.

The impediment to military operations, arising from the season of the year, is now removed, and the British government is prepared, by the active and vigorous employment of its resources, to compel the state of Nepaul to make that atonement which it is so justly entitled to demand; the British government has long borne the conduct of the Nepaulese with unexampled patience, opposing to their violence, insolence, and rapacity, a course of procedure uniformly just and moderate. But forbearance and moderation must have their limits, and the British government having been compelled to take up arms in defence of its rights, its interests, and its honour, will never lay them down, until its enemy shall be forced to make ample submission and atonement for his outrageous conduct, to indemnify it for the expence of the war, and to afford full security for the maintenance of those relations which he has so shamefully violated.

If the misguided councils of the state of Nepaul shall lead it obstinately to persist in rejecting those just demands, it will itself be responsible for the consequences. The British government has studiously endeavoured, by every effort of conciliation, to avert the extremity of a war, but it can have no apprehension of the result; and it relies with confidence on the justice of its cause, and on the skill, discipline, and valour of its armies, for a speedy, honourable, and decisive termination of the contest in which it is engaged. By command of his excellency the governor-general,

(Signed) J. ADAM, Secretary to government, Published by command of his excellency the vice-president in council.

J. MONCKTON,
Acting secretary to government.

The chief command of the forces against Nepaul having been entrusted to major-ge neral sir David Ochterlony, he began his operations by an attempt to take possession

of three points in front of his right, by which the supplies of the enemy from the interior would be cut off. For this purpose lieutenant-colonel Thomson was sent at night, on December the 27th, to dislodge them from the stockades, or timber forts, which they had erected on two of these points. The difficulties of the road having prevented him from reaching the first point till late on the following morning, he found the stockade too strong to be carried by assault, and brought up his artillery against it. While engaged in preparing a battery, he was attacked in great numbers by the enemy, who attempted to surround him. The warm reception they met with obliged them to retire with loss; and having abandoned one stockade, the Nepaulese took possession of a post at a small distance with all their force.

At the beginning of 1815, an advance of the divisions commanded by major-general Wood and Morley was successfully resisted by the enemy, who, with superior numbers, obliged the assailants to retreat. An attack also on a stockaded fort, made by the division under major-general Martindell, was repulsed with considerable loss. General Ochterlony, however, succeeded, by a series of skilful operations, on the 14th and 15th of April 1815, in establishing the British troops on the Malown range of mountains. On the 16th, a desperate attempt was made by the Gorkah commander, in person, to storm the position of the reserve, under lieutenant-col. Thompson, which terminated in the total defeat of the enemy with severe loss. In the same month, colonel Nichols was employed in another part of the Nepaul frontier, where he carried by assault the fortified heights and town of Almora, repulsed the enemy in a night attack on the British position, and on the 27th concluded a convention with the principal Nepaul chiefs of the Kemahoon. The result of these operations was the surrender of the Nepaul or Gorkah commander in chief, Ummer Sing Thappa; the evacuation of the fortresses of Malown and Tyetuck; and the cession of the whole country from Kemahoon to the Sutlege. For this success the governor-general directed a royal salute to be fired at all the principal stations of the army. It is evident, however,

that the conflict had been with a bold and adventurous foe, with whom the establishment of a lasting pacification was more to be desired than expected.

Intelligence of the peace of Ghent had reached America early in the year, and the treaty was ratified on the 17th of February by the president and senate of the United States.

THE TREATY IN DETAIL.

Art. I. There shall be a firm and universal peace between his Britannic majesty and the United States, and between their respective countries, territories, cities, towns, and people of every degree, without exception of places or persons. All hostilities by sea and land shall cease, as soon as this treaty shall have been ratified by both parties as hereinafter mentioned. All territories, places, and possessions whatsoever, taken by either party from the other during the war, or which may be taken after the signing of the treaty, excepting only the islands hereafter mentioned, shall be restored without delay, and without causing any destruction, or carrying away any of the artillery, or other public property, originally captured in the said forts or places, and which shall remain therein upon the exchange of the ratifications of this treaty, or any slaves or other private property. And all archives, records, deeds, and papers, either of a public nature, or belonging to private persons, which in the course of the war may have fallen into the hands of the officers of either party, shall be, as far as may be practicable, forthwith restored, and delivered to the proper authorities and persons to whom they respectively belong.

Such of the islands in the bay of Passamaquoddy as are claimed by both parties shall remain in the possession of the party in whose occupation they may be at the time of the exchange of the ratifications of this treaty, until the decision respecting the title to the said islands shall have been made, in conformity with the fourth article of this treaty. No disposition made by this treaty, as to such possession of the islands and territories claimed by both parties, shall in any manner whatever be construed to affect the right of either.

Art. II. Immediately after the ratifications of this treaty by both parties, as hereinafter mentioned, orders shall be sent to the armies, squadrons, officers, subjects, and citizens of the two powers, to cease from all hostilities. And to prevent all causes of complaint which might arise on account of the prizes which may be taken at sea after the said ratifications of this treaty, it is reciprocally agreed, that all vessels and effects which may be taken after the space of twelve days from the said ratifications, upon all parts of the coast of North America, from the latitude of twenty-three degrees north, to the latitude of fifty degrees north, and as far eastward in the Atlantic ocean as the thirty-sixth degree of west longitude from the meridian of Greenwich, shall be restored on each side: that the time shall be thirty days in all other parts of the Atlantic ocean north of the equinoctial line, or equator; and the same time for the British and Irish channels, for the gulf of Mexico, and all parts of the West Indies: forty days for the North seas, for the Baltic, and for all parts of the Mediterranean: sixty days for the Atlantic ocean, south of the equator, as far as the latitude of the Cape of Good Hope: ninety days for every other part of the world south of the equator; and one hundred and twenty days for all other parts of the world without exception.

Art. III. All prisoners of war taken on either side, as well by land as by sea, shall be restored as soon as practicable after the ratification of this treaty, as hereinafter mentioned, on their paying the debts which they may have contracted during their captivity. The two contracting parties respectively engage to discharge in specie the advances which may have been made by the other for the sustenance and maintenance of such pri

soners.

Art. IV. Whereas it was stipulated by the 2d article in the treaty 2d article in the treaty of peace of 1783, between his Britannic majesty and the United States of America, that the boundary of the United States should comprehend "all islands within twenty leagues of any part of the shores of the United States, and lying between lines to be drawn due east from the points where the aforesaid boundaries between Nova Scotia on the one point, and