Treaty between the Raja of Sikkim and Government of India, 10 February 1817

TREATY, COVENANT, or AGREEMENT entered into by CAPTAIN BARRE LATTER, AGENT on the part of HIS EXCELLENCY the RIGHT HONORABLE the EARL of MOIRA, K.G., GOVERNOR-GENERAL, &c., &c., &c., &c., and by NAZIR CHAINA TENJIN and MACHA TEINBAH and LAMA DUCHIM LONGDOO, Deputies on the part of the RAJAH Of SIKKIMPUTTEE, being severally authorized and duly appointed for the above purposes, 1817.

ARTICLE 1.

The Honorable East India Company cedes, transfers, and makes over in full sovereignty to the Sikkimputtee Rajah, his heirs or successors, all the hilly or mountainous country situated to the eastward of the Mechi River and to the westward of the Teesta River, formerly possessed and occupied by the Rajah of Nepaul, but ceded to the Honorable East India Company by the Treaty of peace signed at Segoulee.

ARTICLE 2.

The Sikkimputtee Rajah engages for himself and successors to abstain from any acts of aggression or hostility against the Goorkhas or any other State.

ARTICLE 3.

That he will refer to the arbitration of the British Government any disputes or questions that may arise between his subjects and those of Nepaul, or any other neighbouring State, and to abide by the decision of the British Government.

ARTICLE 4.

He engages for himself and successors to join the British Troops with the whole of his Military Force when employed within the Hills, and in general to afford the British Troops every aid and facility in his power.

ARTICLE 5.

That he will not permit any British subject, nor the subject of any European and American State, to reside within his dominions, without the permission of the English Government.

ARTICLE 6.

That he will immediatley seize and deliver up any dacoits or notorious offenders that may take refuge within his territories.

ARTICLE 7.

That he will not afford protection to any defaulters of revenue or other delinquents when demanded by the British Government through their accredited Agents.

ARTICLE 8.

That he will afford protection to merchants and traders from the Company's
Provinces, and he engages that no duties shall be levied on the transit of merchandize beyond the established custom at the several golahs or marts.

ARTICLE 9.

The Honorable East India Company guarantees to the Sikkimputtee Rajah and his successors the full and peaceable possession of the tract of hill country specified in the first Article of the present Agreement.

ARTICLE 10.

This Treaty shall be ratified and exchanged by the Sikkimputtee Rajah within one month from the present date, and the counterpart, when confirmed by His Excellency the Right Honorable the Governor-General, shall be transmitted to the Rajah.

Done at Titalya, this 10th day of February 1817, answering to the 9th of Phagoon 1873 Sumbut, and to the 30th of Maugh 1223 Bengallie.

BARRE LATTER.

NAZIR CHAINA TINJIN.

MACHA TIMBAH.

LAMA DUCHIM LONGADOC.

MOIRA.

N. B. EDMONSTONE.

ARCHD. SETON.

GEO. DOWDESWELL.

Ratified by the Governor-General in Council, at Fort William, this fifteenth day of March, one thousand eight hundred and seventeen.

J. ADAM,

Acting Chief Secy. to Govt.

Copy of a SUNNUD granted to the RAJAH of SIKKIM, dated 7th April 1817.

The Honorable East India Company, in consideration of the services performed by the Hill tribes under the control of the Rajah of Sikkim, and of the attachment shown by him to the interest of the British Government, grants to the Sikkimputtee Rajah, his heirs and successors, all that portion of low land situated eastward of the Meitchie River, and westward of the Maha Nuddee, formerly possessed by the Rajah of Napaul, but ceded to the Honorable East India Company by the Treaty of Segoulee, to be held by the Sikkimputtee Rajah as a feudatory, or as acknowledging the supremacy of the British Government over said lands, subject to the following conditions:

The British Laws and Regulations will not be introduced into the territory in question, but the Sikkimputtee Rajah is authorized to make such laws and regulations for their internal government, as are suited to the habits and customs of the inhabitants, or that may be in force in his other dominions.

The Articles or Provisions of the Treaty signed at Titalya on the 10th February 1817, and ratified by His Excellency the Right Honorable the Governor-General in Council on the 15th March following, are to be in force with regard to the lands hereby assigned to the Sikkimputtee Rajah, as far as they are applicable to the circumstances of those lands.

It will be especially incumbent on the Sikkimputtee Rajah and his officers to surrender, on application from the officers of the Honorable Company, all persons charged with criminal offences, and all public defaulters who may take refuge in the lands now assigned to him, and to allow the police officers of the British Government to pursue into those lands and apprehend all such persons.

In consideration of the distance of the Sikkimputtee Rajah's residence from the Company's Provinces, such orders as the Governor-General in Council may upon any sudden emergency, find it necessary to transmit to the local authorities in the lands now assigned, for the security or protection of those lands, are to be immediately obeyed and carried into execution in the same manner as coming from the Sikkimputtee Rajah.

In order to prevent all disputes with regard to the boundaries of the low lands granted to the Sikkimputtee Rajah, they will be surveyed by a British Officer, and their limits accurately laid down and defined.

From: C. U. Aitchison, ed. A Collection of Treaties, Engagements and Sanads: Relating to India and Neighbouring Countries. Vol. XII. Calcutta: Government of India Central Publication Branch, 1933, 58-60.