VIII. That Richard Johnson, Esquire, Assistant Resident at Oude, was, agreeably to the afore-mentioned order of Council, deputed commissioner from Mr. Middleton and the Vizier to Fyzoola Khan; but that he did early give the most indecent proofs of glaring partiality, to the prejudice of the said Fyzoola Khan: for that the very next day (as it seems) after his arrival, he, the said Johnson, from opinions imbibed in his journey, did state himself to be "unwilling to draw any favorable or flattering inferences relatively to the object of his mission," and did studiously seek to find new breaches of treaty, and, without any form of regular inquiry whatever, from a single glance of his eye in passing, did take upon himself to pronounce "the Rohilla soldiers, in the district of Rampoor alone, to be not less than twenty thousand," and the grant of course to be forfeited. And that such a gross and palpable display of a predetermination to discover guilt did argue in the said Johnson a knowledge, a strong presumption, or a belief, that such representations would be agreeable to the secret wishes and views of the said Hastings, under whose orders he, the said Johnson, acted, and to whom all his reports were to be referred. IX. That the said Richard Johnson, did soon after proceed to the immediate object of his mission, "which" (the said Johnson relates) "was short to a 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.