HPAS Notes: Treaty of Sugauli (1815-1816)
1. Context and Timeline
The Anglo-Nepalese War Conclusion
- Context: The treaty followed the Anglo-Nepalese War which took place in the years 1814-16.
- Alternative Spellings: The treaty is also spelled as Sugowlee and Segqulee.
- Date of Signing: Signed on 2 December 1815.
- Date of Ratification: Ratified later on 4 March 1816.
2. The Signatories
Who Signed the Treaty?
| Party | Representatives |
|---|---|
| Kingdom of Nepal | Raj Guru Gajraj Mishra, aided by Chandra Sekher Upadhyaya. |
| East India Company (British) | Lt. Col. Paris Bradshaw. |
3. Key Provisions of the Treaty (High Yield)
Terms and Conditions
The treaty significantly curtailed Nepali power and expanded British influence:
- Territorial Loss: It called for territorial concessions in which parts of Nepal were given to British India.
- British Residency: It mandated the establishment of a British representative in Kathmandu.
- Gurkha Recruitment: It officially allowed Britain to recruit Gurkhas for military service.
- Foreign Policy Restriction: Nepal lost the right to deploy any American or European employee in its service.
- Historical Context: Prior to this, several French commanders had been deployed to train the Nepali army.
HPAS Notes: Territorial Impact of Sugauli Treaty
1. The Geographical Restructuring (Loss of Greater Nepal)
Territories Lost by Nepal
Under the treaty, Nepal lost about one-third of its territory, effectively stripping away all conquests made in the preceding 25 years.
- To the East: Sikkim, Darjeeling, and Tista.
- To the West: Kumaon Kingdom, Garhwal Kingdom (Gadhwal), and Bushahar.
- To the South/South-West: Much of the Terai lands and Nainital.
2. Diplomatic Breakthrough: The British Residency
First Westerners in Post-Malla Era
- The First Representative: Edward Gardner was appointed as the first British representative.
- Location: He was installed at a compound north of Kathmandu, now known as Lazimpat.
- Legacy: That very site is today home to the Indian and British embassies.
- Historical Context: He was the first Westerner allowed to live there in the post-Malla era, as earlier Christian missionaries had been deported by the Gurkhas in the mid-18th century.
3. Adjustments & Later Treaties
Restorations and Successor Treaties
| Year | Event / Agreement |
|---|---|
| 1816 | Some Terai lands were immediately restored to Nepal. A part of Mithila (Eastern Terai) was conceded from India to Nepal (Nepal controls the minor Northern part, India retains the major Southern part). |
| 1860 | More Terai lands were restored to Nepal as a “thank you” from the British for Nepal’s help in suppressing the 1857 Indian rebellion. |
| Dec 1923 | The Sugauli Treaty was superseded by a “treaty of perpetual peace and friendship”. This upgraded the British resident to the status of an envoy. |
| 1950 | A separate treaty was signed with newly independent India to restore fresh bilateral relations. |
HPAS Notes: Terms of the Sugauli Treaty
1. General Diplomatic Agreements
Peace and Sovereignty
- Perpetual Peace: There shall be perpetual peace and friendship between the East India Company and the King of Nepal.
- Renunciation of Claims: The King of Nepal will renounce all claim to the lands which were the subject of discussion between the two States before the war.
- Acknowledgement of Sovereignty: The King of Nepal will acknowledge the right of the company to the sovereignty of those lands.
2. Specific Territorial Cessions (High Yield Geography)
Lands Ceded to the East India Company in Perpetuity
The King of Nepal agreed to cede the following specific territories to the British:
- Region I: The whole of low lands between the rivers Kali and Rapti.
- Region II: The whole of low lands between Rapti and Gandaki, except Butwal.
- Region III: The whole of low lands between Gandaki and Koshi in which the authority of the East India Company has been established.
- Region IV: The whole of low lands between the rivers Mechi and Teesta.
- Region V: The whole of territories within the hills eastward of the Mechi river.
3. Military Evacuation
The 40-Day Ultimatum
- The Deadline: The aforesaid ceded territory shall be evacuated by the Gorkha troops within forty days from this date.
HPAS Notes: Terms of the Sugauli Treaty (Final Clauses)
1. Financial Compensation & Western Border
Pensions for Nepali Chiefs
- The Indemnity: To compensate the chiefs and Bhardars of Nepal who suffered due to the alienation of ceded lands, the East India Company agreed to pay pensions.
- The Amount: The aggregate amount settled was two lakhs of rupees per annum (2,00,000 INR/year).
- The Distribution: The King of Nepal would decide which chiefs received these pensions.
The Western Boundary Limit
- The River Kali: The King of Nepal renounced all claims to the countries lying to the West of the River Kali.
- Complete Disengagement: He engaged never to have any concern with those western countries or their inhabitants.
2. Sikkim and Foreign Relations
British Protection of Sikkim
- Non-Interference: The King of Nepal promised never to molest or disturb the king of Sikkim in his territories.
- British Arbitration: If any difference arose between Nepal and Sikkim, it would be referred to the arbitration of the East India Company.
The “Foreigner Ban” Clause
- Employment Restrictions: The King of Nepal could never employ any British subject, nor any European or American, without the consent of the British Government.
- Diplomatic Exchange: Accredited Ministers from each state would reside at the court of the other to maintain peace and amity (The British Resident).
3. The Final Ratification Protocol
Signing and Delivery Timeline
- The Deadlines: The treaty was to be ratified by the King of Nepal within 15 days, and by the Governor-General within 20 days.
- Original Signing: Done at Sugauli on 2 December 1815 by Lt. Col. Paris Bradshaw.
- Final Exchange: The treaty was officially received from Chandra Shekhar Upadhyaya (Agent for the Raja of Nepal) in the valley of Makwanpoor at 2:30 PM on 4 March 1816.
HPAS Notes: Ochterlony’s Memorandum (Dec 1816)
1. Context & Purpose
Modifying the Sugauli Treaty
- The Author: D.D. Ochterlony, Agent to the Governor-General.
- Date of Presentation: 8 December 1816.
- The Objective: To show “amity and confidence” by proposing to suppress the execution of certain Articles in the Treaty of Sugauli which bore hard upon the Raja of Nepal.
2. Territorial Restorations (High Yield Geography)
The Return of the Terai
To “gratify the Raja”, the British Government was willing to restore portions of the Terai that had just been ceded:
- Specific Region Restored: The whole Terai lands lying between the Rivers Kushwaha and Gandak.
- Condition: These lands must have appertained to the Raja before the late disagreement.
Exceptions to the Restoration
The restoration was not absolute. The British retained certain areas within this tract:
- Disputed Districts: Disputed lands in the districts of Tirhoot and Sarun.
- Frontier Adjustments: Portions of territory needed for settling a frontier (pending investigation by Commissioners).
- Pre-assigned Lands: Lands that the British Government had already given into the possession of others, based on ascertained rights subsequent to the initial cession.
- Exchange Offer: If the Raja strongly desired to retain lands that had been granted to ascertained proprietors, the British offered to exchange them for other lands.
3. The Tirhoot Settlement
Resolving the Long-Standing Dispute
The lands in the district of Tirhoot had been a subject of dispute for a long time. The memorandum enforced a final legal settlement:
- The Enforced Settlement: The legal settlement made in the year 1812 A.D. was to be taken as final, and everything else relinquished.
- Alternative Calendar Reference: The text explicitly notes that the year 1812 of Christ corresponds to the year 1869 of Bikram Sambat.
- Result: Negotiations and settlements made during that specific period were to hold good and be established.
HPAS Notes: Ochterlony’s Memorandum (Part 2)
1. The Second Territorial Restoration
Gandak to Rapti (Including Butwal)
In addition to the Kushwaha-Gandak tract, the British agreed to restore another massive chunk of the Terai:
- The Rivers: The Terai lying between the Rivers Gandak and Rapti.
- Specific Limits: From the River Gandak to the western limits of the district of Gorakhpur.
- Key Forts/Areas Included: This restoration specifically included Butwal and Sheeraj (which previously belonged to Nepal).
- Exceptions: The disputed places in the Terai and any ground required to establish a new mutual boundary were excluded.
2. Establishing the Modern Border
- The Commissioners: Since a survey was needed to establish desirable limits, Commissioners were to be appointed on both sides.
- The Straight Line: Their goal was to establish a “straight line of frontier”.
- The Division: This line would distinctly separate the territories, placing the British Government to the south and Nepal to the north.
- Preventing Mutual Disputes: If any landowner’s property ended up awkwardly straddling the mutual frontier, the Commissioners would exchange lands so that the property was subject to one dominion alone.
3. The Great Financial Trade-Off (High Yield)
Cancellation of the Pension
The British restoration of the Terai came with a massive financial catch:
- The Clause: Whensoever the Terai should be restored, the Raja of Nepal will cease to require the sum of two lakhs of Rupees per annum.
- Context: This was the exact sum the British had previously agreed to advance for the maintenance of the Bhardars (chiefs) of his Government in the original Sugauli Treaty.
4. Amnesty for British Sympathizers
Protection of Terai Inhabitants
- No Retaliation: The Raja of Nepal agreed to refrain from prosecuting any inhabitants of the Terai for having favored the cause of the British Government during the war.
- Right of Migration: If any of these persons desired to quit their estates and retire within the Company’s territories, they would not be hindered.
- The Exception: This right to freely migrate did not apply to the cultivators of the soil.
HPAS Notes: Ochterlony’s Memorandum (Dec 1816)
1. Context & Purpose
Modifying the Sugauli Treaty
- The Author: D.D. Ochterlony, Agent to the Governor-General.
- Date of Presentation: 8 December 1816.
- The Objective: To show “amity and confidence” by proposing to suppress the execution of certain harsh Articles in the Treaty of Sugauli to pacify the Raja of Nepal.
2. Territorial Restorations (The Return of the Terai)
The Restored Tracts
To “gratify the Raja”, the British returned massive portions of the recently ceded Terai lands, provided they belonged to Nepal before the war:
- Tract 1: The whole Terai lands lying between the Rivers Kushwaha and Gandak.
- Tract 2: The Terai lying between the Rivers Gandak and Rapti (extending from the River Gandak to the western limits of the Gorakhpur district).
- Key Inclusions: This specifically restored Butwal and Sheeraj to Nepal.
3. Exceptions & Boundary Settlements
What the British Kept
- Tirhoot and Sarun: Disputed lands in these districts were excluded from the restoration.
- The 1812 Settlement: For the long-disputed Tirhoot lands, the legal settlement made in 1812 A.D. (corresponding to 1869 Bikram Sambat) was enforced as final.
The Border Commissioners
- The Straight Line: Commissioners were appointed to draw a “straight line of frontier” placing the British to the south and Nepal to the north.
- Land Swaps: If the line split a proprietor’s land, commissioners would exchange lands to ensure properties fell under one single dominion.
4. The Financial & Diplomatic Trade-Offs (High Yield)
Cancellation of the Indemnity
- The Catch: In exchange for getting the Terai back, the Raja of Nepal had to cease requiring the 2 Lakh Rupees per annum pension.
- This wiped out the British financial obligation established in the original Sugauli treaty.
Amnesty for British Sympathizers
- No Retaliation: The Raja agreed not to prosecute Terai inhabitants who favored the British during the war.
- Right to Migrate: Sympathizers could freely quit their estates and move to Company territory—except for the cultivators of the soil, who were forced to stay.