Supplementary Boundary Treaty(Draft) 8 December 1816
Posted by Ram Kumar Shrestha on January 11, 2011
Memorandum for the approval and acceptance of the Rajah of Nipal, presented on 8th December 1816.
Adverting to the amity and confidence subsisting with the Rajah of Nipal, the British Government proposes to suppress, as much is possible, the execution of certain Articles in the Treaty of Segowlee, which bear hard upon the Rajah as follows:-
- With a view to gratify the Rajah in a point which he has much at heart, the British Government is willing to restore the Terai ceded to it by the Rajah in the Treaty, to wit, the whole Terai lands lying between the Rivers Coosah and Gunduck, such as appertained to the Rajah before the late disagreement; excepting the disputed lands in the Zilllahs of Trihoot and Sarun, and excepting such portions of territory as may occur on both sides for the purpose of settling a frontier, upon investigation by the respective Commissioners; and excepting such lands as may have been given in possession to any one by the British Government upon ascertainment of his rights subsequent to the cession of Terai to that Government. In case the Rajah is desirous of retaining the lands of such ascertained proprietors, they may be exchanged for others, and let it be clearly understood that, notwithstanding the considerable extent of the lands in Zillah of Tirhoot, which have for a long time been a subject of dispute, the settlement made in the year 1812 of Christ, corresponding with year 1869 of Bikramajeet, be taken and everything else relinquished, that is to say , that the settlement and the negotiations, such as occurred at that period, shall in the present case hold good and be established.
- The British Government is willing likewise to restore the Terai lying between the Rivers Gunduk and Rapti, that is to say, from the River Gunduk to the western limits of the Zillah of Gorukpore, together with Bootwul and Sheeraj, such as appertained to Nipal previous to the disagreements, completer, with the exception of the disputed places in the Terai, and such quantity of ground as may be considered mutually to be requisite for the new boundary.
- As it is impossible to establish desirable limits between that two States without survey, it will be espedient that Commissioners be appointed on both sides for the purpose of arranging in concert a well defined boundary on the basis of the preceding terms, and of the establishing a straight line of frontier, with a view to the distinct separation of the respective territories of the British Government to the south and of Nepal to the north; and in case any indentations occure to destroy that evern tenor of the line, the Commissioners should effect an exchange of lands so interfering on principles of clear reciprocity.
- And should it occur that the proprietors of lands situated on the mutual frontier, as it may be rectified, whether holding of the British Government or of the Rajaha of Nipal, should be place in the condition of subjects to both Governments, with a view to prevent continual dispute and discussion between the two Governments the respective Commissioners should effect in mutual concurrence and co-operation the exchange of such lands, so as to render them subject to one dominion alone.
- Whensoever the Terai should be restored, the Rajah of Nipal will cease to reqire the sum to two lakhas of Rupees per annum, which the British Government agreed to advance for the maintenance of certaine Barahdars of his Government.
- Moreover, the Rajah of NIpal agrees to refrain from presecuting any inhabitants of the Terai, after its revertance to his rule, on account of having favoured the cause of the British Government during the war, and should any of those persons excepting the cultivators of the soil, be desirous of quitting their estates, and of retiring within the Company’s territories, he shall not be liable to hindrance.
- In the event of the Rajah’s approving the foregoing terms, the proposed arrangements for the survey and establishment of boundary marks shall be carried into execution, and after the determination in concert of boundry line, Sunnuds conformable to the foregoing stipulations, drawn out and sealed by two States, shall be delivered and accepted on both sides.