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A History of the SikhsVolume 1: 1469-1838$

Khushwant Singh

Print publication date: 2004

Print ISBN-13: 9780195673081

Published to Oxford Scholarship Online: October 2012

DOI: 10.1093/acprof:oso/9780195673081.001.0001

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(p.364) Appendix 7

(p.364) Appendix 7

Tripartite Treaty of 1838

Source:
A History of the Sikhs
Publisher:
Oxford University Press

(p.364) Appendix 7

Tripartite Treaty of 1838

Whereas a Treaty was formerly concluded between Maharajah Runjeet Singh and Shah Shooja-ool-Moolk, consisting of fourteen Articles, exclusive of the preamble and the conclusion, and whereas the execution of the provisions of the said Treaty was suspended for certain reasons, and whereas at this time Mr W. H. Macnaghten having been deputed by the Right Honourable George Lord Auckland, G.G.B., Governor-General of India, to the presence of Maharajah Runjeet Singh, and vested with full powers to form a Treaty in a manner consistent with the friendly engagements subsisting between the two States, the Treaty aforesaid is revived and concluded with certain modifications, and four new Articles have been added thereto, with the approbation of, and in concert with, the British Government, the provisions whereof, as contained in the following eighteen Articles, will be duly and faithfully observed.

ARTICLE 1st. Shah Shooja-ool-Moolk disclaims all title on the part of himself, his heirs, successors and all the Suddozais to all the territories lying on either bank of the River Indus, that may be possessed by the Maharajah, viz., Cashmere, including its limits E.W.N.S., together with the Fort of Attok, Chuch, Hazara, Khebel, Amb, with its dependencies on the left bank of the aforesaid river, and on the right bank Peshawur, with the Eusufzai Territory, Kheteks, Hisht Nagar, Meehnee, Kohat, Hungoo, and all places dependent in Peshawur, as far as the Khyber Pass, Banno, the Viziri Territory, Dowr Tank, Gorang, Kalabagh, and Khushalgher, with their dependent districts, Derah Ismail Khan and its dependency, together with Derah Ghazee Khan, Kot Mithan, Omarkote, and their (p.365) dependent territory, Singher, Heren, Dajel, Hajeepore, Rajenpore, and the three Ketches, as well as Mankera with its district, and the Province of Multan situated on the left bank. These countries and places are considered to be the property and to form the estate of the Maharajah—the Shah neither has nor will have any concern with them. They belong to the Maharajah and his posterity from generation to generation.

ARTICLE 2nd. The people of the country on the other side of Khyber will not be suffered to commit robberies or aggressions, or any disturbances on this side. If any defaulter of either State, who has embezzled the Revenue, take refuge in the territory of the other, each party engages to surrender him, and no person shall obstruct the passage of the stream which issues out of the Khyber defile, and supplies the Fort of Futtehgurh with water, according to ancient usage.

ARTICLE 3rd. As agreeably to the Treaty established between the British Government and the Maharajah, no one can cross from the left to the right bank of the Sutlej without a passport from the Maharajah, the same rule shall be observed regarding the passage of the Indus, whose waters join the Sutlej, and no one shall be allowed to cross the Indus without the Maharajah’s permission.

ARTICLE 4th. Regarding Shikarpore and the Territory of Sinde on the right bank of the Indus, the Shah will agree to abide by whatever may be settled as right and proper in conformity with the happy relations of friendship subsisting between the British Government and the Maharajah through Captain Wade.

ARTICLE 5th. When the Shah shall have established his authority in Cabool and Candahar, he will annually send the Maharajah the following articles, viz., fifty-five high-bred Horses of approved color and pleasant paces, eleven Persian Scimitars, seven Persian Poignards, twenty-five good Mules, Fruits of various kinds, both dry and fresh, and Sirdas or Musk Melons, of a sweet and delicate flavour (to be sent throughout the year), by the way of Cabool River to Peshawur, Grapes, Pomegranates, Apples, Quinces, Almonds, Raisins, Pistahs or Chestnuts, an abundant supply of each, as well as pieces of Satin of every color, Choghas of fur, Kinkhabs wrought with gold and silver, and Persian Carpets, altogether to the number of one hundred and one pieces. All these articles the Shah will continue to send every year to the Maharajah.

ARTICLE 6th. Each party shall address the other on terms of equality.

ARTICLE 7th. Merchants of Affghanistan who will be desirous of trading to Lahore, Amritsur, or any other part of the Maharajah’s possessions, shall not be stopped or molested on their way; on the contrary, (p.366) strict orders shall be issued to facilitate their intercourse, and the Maharajah engages to observe the same line of conduct on his part, in respect to traders who may wish to proceed to Affghanistan.

ARTICLE 8th. The Maharajah will yearly send to the Shah the following articles in the way of friendship, fifty-five pieces of Shawls, twenty-five pieces of Muslin, eleven Dopattahs, five pieces of Kinkhab, five Scarves, five Turbans, fifty-five loads of Bareh Rice (peculiar to Peshawur).

ARTICLE 9th. Any of the Maharajah’s Officers who may be deputed to Affghanistan to purchase horses or on any other business, as well as those who may be sent by the Shah into the Punjaub for the purpose of purchasing Piece Goods or Shawls, etc. to the amount of eleven thousand rupees, will be treated by both sides with due attention, and every facility will be afforded to them in the execution of these commissions.

ARTICLE 10th. Whenever the armies of the two States may happen to be assembled at the same place, on no account shall the slaughter of kine be permitted to take place.

ARTICLE 11th. In the event of the Shah taking an auxiliary force from the Maharajah, whatever booty may be acquired from the Barakzais, in jewels, horses, arms, great and small, shall be equally divided between the two contracting parties. If the Shah should succeed in obtaining possession of their property without the assistance of the Maharajah’s troops, the Shah agrees to send a portion of it by his own agent to the Maharajah in the way of friendship.

ARTICLE 12th. An exchange of missions charged with letters and presents shall constantly take place between the two parties.

ARTICLE 13th. Should the Maharajah require the aid of any of the Shah’s troops ‘in furtherance of the objects contemplated by this Treaty,’ the Shah engages to send a force commanded by one of his principal officers; in like manner the Maharajah will furnish the Shah, when required, with an auxiliary force composed of Mahomedans, and commanded by one of his principal officers, as far as Cabool, in furtherance of the objects contemplated by this Treaty. When the Maharajah may go to Peshawur, the Shah will depute a Shahzadah to visit him, on which occasions the Maharajah will receive and dismiss him with the honor and consideration due to his rank and dignity.

ARTICLE 14th. The friends and enemies of each of the three high powers, that is to say, the British and Sikh Governments and Shah Shooja-ool-Moolk, shall be the friends and enemies of all.

(p.367) ARTICLE 15th. Shah Shooja-ool-Moolk engages, after the attainment of his object, to pay without fail to the Maharajah the sum of two lakhs of Rupees of the Nanukshahie or Kuldar currency, calculating from the date on which the Sikh troops may be despatched for the purpose of reinstating His Majesty in Cabool, in consideration of the Maharajah’s stationing a force of not less than five thousand men, Cavalry and Infantry, of the Mahomedan persuasion, within the limits of the Peshawur Territory, for the support of the Shah, and to be sent to the aid of His Majesty, whenever the British Government, in concert and counsel with the Maharajah, shall deem their aid necessary; and when any matter of great importance may arise to the westward, such measures will be adopted with regard to it as may seem expedient and proper at the time to the British and Sikh Governments. In the event of the Maharajah requiring the aid of any of the Shah’s troops, a deduction will be made from the Subsidy proportioned to the period for which such aid may be afforded, and the British Government holds itself responsible for the punctual payment of the above sum annually to the Maharajah so long as the provisions of this Treaty are duly observed.

ARTICLE 16th. Shah Shooja-ool-Moolk agrees to relinquish for himself, his heirs, and successors, all claims of supremacy and arrears of tribute over the country now held by the Ameers of Sinde (and which will continue to belong to the Ameers and their successors in perpetuity), on condition of the payment to him by the Ameers of such a sum as may be determined under the mediation of the British Government, fifteen lakhs of such payment being made over by him to Maharajah Runjeet Singh. On these payments being completed, Article 4 of the Treaty of the 12th of March, 1833, will be considered cancelled, and the customary interchange of letters and suitable presents between the Maharajah and the Ameers of Sinde shall be maintained as heretofore.

ARTICLE 17th. When Shah Shooja-ool-Moolk shall have succeeded in establishing his authority in Afghanistan, he shall not attack or molest his nephew, the ruler of Herat, in the possession of the territories now subject to his Government.

ARTICLE 18th. Shah Shooja-ool-Moolk binds himself, his heirs, and successors to refrain from entering into negotiations with any Foreign State, without the knowledge and consent of the British and Sikh Governments, and to oppose any power having the design to invade the British or Sikh Territories by force of arms to the utmost of his ability.

The three Powers, parties to this Treaty, viz. the British Government, (p.368) Maharajah Runjeet Singh and Shah Shooja-ool-Moolk, cordially agree to the foregoing Articles. There shall be no deviation from them, and in that case the present Treaty shall be considered binding for ever, and this Treaty shall come into operation from and after the date on which the seals and signatures of the three contracting parties shall have been affixed thereto.

Done at Lahore, this 26th day of June, in the year of Our Lord 1838, corresponding with the 15th of the month of Asark, 1895—Era of Bikarmajit.

Signed and sealed this 25th day of July, in the year AD 1838, at Simla.

(SIGNED) AUCKLAND.

SEAL OF THE

SEAL AND SIGNATURE

SEAL AND SIGNATURE OF

GOVERNOR GENERAL

OF RUNJEET SINGH

SHAH SHOOJA-OOL-MOOLK.