The British Press; or, Morning Literary Advertiser.
London, England, 1819-05-24 00:00:00

MR. WILKINSON'S CdSE.

0 •

Its considering the very peculiar predicament of Mr. Wil-
kiloton, and the claims founded upon it, it appears to me
to he desirable to endeavour to ley down • fair and jost
priouple of adjustment, and then to apply it to the ease.
I might, in explanation of my ;emend vie* of it, to pre.
collie in the outset, that with every desire to consider and
dismiss the claim liberally, still I cannot bring mpg* to
regard it in the light of a legal claim, in the strict and sin
v. re prose gif the term. When Mr Wilkinson, In the year
1814, eutereil iiito engagements for insuring a *apply of
saltpetre, he could nut hut he severe that Gulreransent had a
right to retire that monopoly of lime article which had been
hut just abolished; front which it Z.IIIOWP, nr seems to me
to follow, that in forming a goinatiennial contract for tlw
supply in question, he took that •leti o suo treetcate with-
out any guarantee on the pert of Government, and subject
of conow, to all the risks, andto all the losers incident to
an everatnal ;hence of system—whether by the re-estahlish-
ineitt of t'oe munopoly—...whether by subjecting the article to
the payment of ilitties—whetbenby the prohibition to et-
putt. It is &refute that I am of opinion, that the claim
cannot justly be conseleted to be of a legal stature.
But *ldle I entertain that sentiment, I cannot on the
other hand hat admit, that al the then recent abolition rot
'lit Ittoeupoly of saltpetre, by it legal enactment, rendered it
in the highest degree improbable that it would be immerli.
ately re-ratabltslwd, and a. it was iinowdiately re-established
to the obvious ruin of the speeutation catered into during
the interval by Mr. Wilkinson, that Cattleman has every
right, 'hint of legal right, to (*met that his claim will be
cOneideitol nu ri ram shinding upon grounds peculiarly
irienny, and that it will be decided un principles lef the
"realest liberality, more especially when it is considered that
btieltse is to be pelett/ by the eery party which benefit.
his toes.
~ es a principle, appears indeed to have been admitted
front the first ; Wore the numerous references which bare
Oaten pine on die *abject, and Ware the appointment of a
Committee of intelligent and experieneed Gentlemen for
the purpose of applying that principle. Hail any doubt
hero eutertaiired from the first of Mr. %V ilkinlaw's claim
belay (1110411 to mansideration, it would, I conclude, have
keen yenned Sept dismissed in tissint In that ease the
Saallatite of repotting to list opinion of • Committee, com-
posed of mea of Malaria, world have becu altogether nu-
patuey,
la the present stage, therefore, of the question, the quasi.
Ism, tie degree of compensation, in which, in equity mad lir
Weighty, Mr. Wilkinson may appear IS be eutitled, arenas to
the to be the polol fur consideration.
.. In turning this point iii my mind, I have found little dilli.
ealty or hesitatiou in deciding, es far as my humble but de-
liberate judge/sent goes, that Mr. Wilkinson, is nut only enti-
tled (Mufti+, as obaerved, not legally) to compensation for
all scoot tors sustaised by him, but also to a certain degret
ow arcouto of the privation of those commercial profits,
which, bet, for the revival of the monopoly, he would have
enjoyed, and which, by the direct operation of that revi-
val. Government, as a commercial body, has reaped the
fruits of.
In tits there is nothing at ?wiener with what I have de.
dated above, alto Mr. Wilkeistansts liability, tu • legal point
of view, to suffer from the opessalon of measure,, *lnch,
however prejudicial in has interests as an individual, Go-
versulbesit, its its paramount zapaeity of ruler of the country,
heel it right to adopt. I now examine the caw as a case of
Airily, and I examine she conduct of Goverantent, or rather
I consider the line of conduct which. in my humble opinion,
it behoves Goteromeut to mttle, Mit with mere reference to
its power, bat, with adirertenee 114) what, iii sound policy and
ilt trite cousiderate liberality, it ought In do.
in fart, if it be admitted, and it eau hardly, I think, he de.
,!iied, that in somid policy, and with an enlightened, en-
:largest, and statesmanlike Stew to its own interests, every
,Government ought carefully to abstain from every public
Set which has an obvious Aid direct tendency to destroy, or
I yen Is ernken, the confidence of Its sulljeets, on its wig-
dion, jruilitce, and consistency, it seems to follow, that in the
event of • Government sanctioning, suddenly and unexpect-
edly, the adop . of a measure, whirls converts an article
of free trade into a monopoly, it is bound in polity (Inde-
pendently of rousideratiouti of equity) to grant relief to those
who may suffer from the operation of moth measures; since
a contrary hue of conduct we the part of a Gowen's/tent, in
that tordicameot, must have the effect of dinnuishing the
epamence of time commui.ily. Fur what merchant will yen-
lure to engage, to any extent, iii conosiewhil adventure, if
lie be expoeril, by the operatimi of a measure which he had
no reason to expect, to see the legitimate profits of his
speculation pass from his bawds into the hands of the very
Government from which he hod a right to look fur good
frith sod protection
I venom to affirm, that, when I consider this as likely to
prove destructive of public coulidetice, and to paralytic
exertion on the pert of ilw commercial portion of the cono
mount', e du nut advance an extreme or au exaggerated
.pottion; 'Mid if it,be admitted that on grounds of g I
p0....7.y. the reesoning is just, bow strong aid immediate
nitot its applicz.Sihryite slf2a ease like the present, iu which
an indirideal has evidently Übe is ewers sufferer by an
art of Government, the object ertelsteh teas win POLITINAL
astrantaae, but PIA UNIART preilli NOT the promotion of
the public uttered: of the Stolle, lad the securiog a com-
mercial gain to the Monomial its its capacity of a trading
Company in quest of mosey by means of lretfe ?
Such are the mounds ow which it is clear to my convictioo,
that, is sound pcil&y as well as in equity, Ude Government
ought to cutisiihr itself bound to stake a ideral compensa-
tion to Mr. Wilkivesn, even supposing it not to have thaws
any immediate profit from the operation of the measure
which caused Isis loss. Bat when it is considered, besides,
that in proportiou as he LOlrt, the very Guvernateut sow
about to decide on his claim °Amp, it appears to we that
that dorenoneet, on principles of equity, is doubly bound
to rompensate, or M oilier %wile to &meek in kin some part
of the pais whtei, in its commercial rapacity, tt acquired
at his espensc
do sensible indeed was Government of the peculiar hard-
ship of Mr. Wilkinsim's case, that it came to the determina-
tion, at once jitst amid liberal, of respecting such ciarogements
as that gentleman might bons fide hare entered into pre-
rWor to the revival a the winnottaily of saltpetre in the
year 1812, migilialuld Mr. Wilkinson have rendered tli a Mts.
Ilitkrele Milegleence efficient and available, he would taut now
be in the diatirenng fredirament of suing for relief.
The ciicumstences "ditch prevented him Loin reaping the
militant:eV of At mesairre,iiave beeu so fireptently adverted
In iii the course of the pruceediags that it were needle*,
Ill4+w to ref... to them iii detail ; inflict it to say, that they
were beyond his control, writ that he was nut the victim of
his awn neglect.
The Committee lisslaketi a clear view of the several prin-
ciples, 81.1'0111in to 'Aids the 9111111/11i of rompensa • mine
to Mr. Wilkinson may br estimated, The most moderate
sum to which it roliwislas% him to he fairly entitled to on ac-
count of Me two first years of ids engagement, is 180,000
rupees, Wilk 'interest, at lite raft of 8 per ere per annum.
Asenntilig that the calculations of time Committee are just,
awl entirely concetering, as I do, in the fail siela of its prin.
ciplea, and 111 the just wen arf its reasoning, I am of °potion
with the Consuirttee, that Ilr.tillkinsion is entitled to a
compensation of ii,o,ooe rupees, with interest, at the rate
of 8 per Vest, per annum, un alcuuut of the losses ens.
edited by linn during the two first years of histontract.
Oil a superficlld view of the arse, the magnitude of the
sum may Wardle, but we might to consider that Mat teary
sassePoute :etre* lo Am the webgnand, Of the pecuniary
pails which the Garernoyeal, or to spin% wore property,
which the etimpasty derteed /Ai sfeppley into Mr. Wit-
hlisimnik Palm, in ceraeclisenee 4 the revival of the mono.
poly, as is etairly proved (to my ixtnviellips, at least) by the
Committee in the 14th paragraph of its letter.
The nalinietie further proceods to consktler the Canapea.
motion doe to Mr. Willtiaioa fee the lomee'sinitaived by him
Miring the threerematnialtlyears ad Ilia ' le, and an
lirenwiefejbated la the 12111 paricatittph of • letter, deems
..
his nodded is 'reewittfroto Goveittmeot d,ie Wrest. witch
he wosehl have retained from dre'Cooteiletres sti a Freaky
few breach of isigaternent, vit. #l,OOO trapeas per anemia,
dins eireludii:rom the ealmilitinis, aft. sup posett preillts
which ndight accrued I. lir. Milkiest's, had Me trade
in saltpetre benit ogifferld to eminent open. I admit, withthe CiamcAtee,,bdt itiPpoitat Mr. WilLiiion to iteestitled

to tempenitation on teeming or thine three years, it ha
assumed the very lowest scale by which the quantum could
be estimated; and were 1, as 614 individual, standing in the
"law relation towards Mr. Wilkinson in which the Coltman
is now placed with vespers to him, I might, as a Gentleman,
be disposed to admit the claim. Ant acting as Ido lo the
clarliettY of steward for miters, 1 hardly cantioder myself war.
rattled to follow this impulse. The :mond on which I prin.
tipsily hesitate is !hie: though 1 admit that during the two
first years circnmalauces might evader it impracticable fir
Mr. Witkiason to divert his atteotion and his capital to
Aurae other channel, awl to speculate is • different quarter,
that consideration cesium be held (I think) to apply to the
latter years of the period in question, and 1 am therefore
nut prepared to concur in that respect with the Committee;
yet I must add, that it is tiot without a considerable degree
of diffidence and besitaliou that I disatot from the sugges-
tion, the sisonintous alteration of 60 many able, honours•
hie, intelligent, and experienced Gentlemen, who have care-
fully summoned the subject, and can have no Itoasihle We-
nd in the result. Under ibis impression, it is gratifying to
me to reflect, that should my view of the case be too narrow,
the misconception will he corrected by the liberality of those
with whom I have the honour to be associated, or by the
authorities in Europe.
(Signed) ARCHD. fIETON.

THE BRITISH PRI4_:S S.

LONDON,
MONDAY, MAT 24, 1819.

We have received Paris Papers of Wednesday
and Thursday last. The Jourad der Debate of
Thureiky contains an extract from a private letter,
dated *Arid. May 5, which state* that Deputies
hate arrived in that city from Buenos Ayres,
coiumissioned to offer to the King of SPAIN the
total submission of the Insurgent Provinces of
the Rio de la Plata. The conditions of sub-
mission are said to be of a nature which the Spa-
nish Government will readily accept, at least to a
considerable extent. The Provinces demand a na-
tional repreeentation t the right of voting their own
Well an equality of duties and of commerce be-
tween the Colonies and the Mother Country ; and
that generally they are desirous of returning to
the state of affairs in 1788, with such improve.
meats as the progress of civilization since that
period may have rendered expedient. But there is
another condition to which, says the letter, the
Cabinet of Madrid might not think it prudent to
concede, which is, that a Prince of the Royal
Family should be sent to South America, in the
quality of Viceroy. It will be remembered that
some time since it was rumoured that the supreme
authority in the Provinces of the Rio de la Plata had
sent Commissioners to Europe for the purpose of
offering the govertiment of those flue countries to some
European Prince, on the condition of his affording
them the means of establishing their indepeudence
of the Spanish Monarchy. The assurance that any
such Commissioners had departed from Buenos
Ayres, would induce us to give credit to that part of
the present statement which merely speaks of the
arrival of Deputies in Madrid, but we think it very
improbable that they should offer the submission of
the Provinces of the Plate to Spain, on such con-
ditions as are here mentioned. The independ-
ence of Buenos Ayres is confirmed beyond the
power of the Spanish Monarchy, but its tran-
quillity is endangered by the vicinity of AILTI
ass, and the perfidious ambition of the Portu-
guese King; so that the Supreme Director might
be anxious to offer such conditions of peace to
Spain as would in some degree compensate her for
the loss of dominion, and diminish the number of
his country's enemes. What the conditions mny
be, can may be a matter of conjecture, but in the
present desperate state of Spain, any conditions
must be favourable which would form a federal
compact between the Mother Country and her Co-
lonies, and give to the former peculiar commercial
advantages, with perhaps • certain portion of tri-
bute.

The health of the King of FRANCZ is said to be
pretty well re•established. The Margrave 'Wm
; tau of Baden has lately Pet out on a tour to
St. Petersburgh, This has become the subject of
general conversation in Germany, and as great
bodies are supposed never to move without some
proportionate cause, his journey is attributed to
important political causes, various as the feelings of ,
those who speak of it. By some it is alleged,
that he has gone for the purpose of com►nuniceting
to the Emperor ALExAwnsa the exact details of
the assassination of KOTZKIME, while others be.
lieve that the journey has reference solely to the
interests of the young Prince GusTatrus ADOL•
Pins of Swede*. Much is spoken of a frequent
cot 1111 l unication between the Courts of St. Peters.
burgh and Stockholm, and it is added that the
latter leas appealed to England. We blush to think
that England cannot wit?► propriety entertain the
question in dispute% for what weight could, under
her present circumstances, be attached to the opi-
nions of her Government f Foreign nations can see
that our finances are in no condition to endure the
hatokd of a war, and that our Ministers, notwithstund.
it►g thrifoccssionul majorities in either House, want
so essentially the confidence of the country, and even
of ParliatWent, that they dare not venture on Intone
hand to ditnn►ish the 4 patronage, nor On the Allier
to demand such exertions on time pirt of he nation
as Sro'uld restore 'security to our financial situation.
In the Chamber of Deputies the iliecossious-stdr
continue ou the accoonts of the Ministers anterior
to 1B tg. Several artlelea irere successively debated,
amended, or adopted. The discussions contain no-
thing 'in any degiee tuterepting to te. nglish *tinder.
The 'Journal de; Daggs devotes one of its cos

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