The British Press; or, Morning Literary Advertiser.
London, England, 1825-06-29 00:00:00

HOUSE OF COMMONS, TUESDAY, JUNE 21

On the motion of Dr. PHILLIMORE, the House resolved It-
self into a Committee on the Sullivan Divorce Dill. Coun'cl were
called in and witnesses examined. The House resumed, and the
Report was ordered to be brought up.
DECCAN PRIZE-MONEY.

Mr. HUM E presented a petition from Lieutenant-Colonel
Simon, complaining of unnecessary delay in the distribution nftlic
Deccan prise-money. The petitioner complained of an unwilling_
ness having been manifested by those to whom the distribution of
it was entrusted to receive full information from those who had
claims upon it. The petitioner further prayed, that inquiry might
be instituted by that Hon. House, lu order that there inlet be
satisfactory and speedy adjustment of the cases of the several
claimants.

The CHANCELLOR of the EXCHEQUER 'aid, that the
property to which the petition referred did not come under the clot-
ratter of that pmperty specified in an of the Prize Acts. It cans.,
under the denommreion of booty. The prize.money was to be dia.,
tributed for the benefit of the eaptors of that booty ; but in the dis.
tribution of it a variety of interests were to be attended to. Inde-
pendent of the claims of the East India Company, it was neeeparry
to ascertain the extent of the property ; and secondly, the number
of claimants upon it. The Duke of Wellington and Mr. Arbuth.
not had been appointed trustees to adjust those claims, and when
he named those two persona, he was satisfied that the interests of
the army would not suffer any neglect in the adjustment of the
case. They bestowed great labour upon it, free front all motives
of personal benefit or aggrandisement whatever. 31ost of the docu,
ments were actually drawn up in the handwriting of the Duke of
iVellington. They spared no pains to bring the matter to a speedy
adjustment.; they had advanced so far as to areertain the amount
of the property, and it only remained for them next to dtterwone
the extent oP the tlaims. It was not until the tat of June the pre.
sent year that a sehr:ne of distribution pointing out the individual
claims had been submitted to them. The House would therefore
feel that there was no unnecessary delay on the part of the trustees
in their desire to bring the business to an immediate and satisfac-
tory completion.
Dr. LUSHINGTON observed, that notwithstanding the praise
bestowed upon the conduct of the trustees, it was not a little re-
markable that the army did not at all concur in this commendation
of their conduct; on the contrary, they expressed their marked
dissatisfaction at i.. Their cogdnet he (Dr. Lushington) would
not hesitate to assert was unwarrantable, anti without all precedent.
It waa the duty of trustees to protect the property and interests of
those whose property was intrusted to their charge. It was also
evtomary for them to receive all communications, and to receive
information in Site most uncircannscribed manner front persons
whose interests it was their duty to protect ; but these trustees re-

hoed to hold that communicetion. The Right /ion. Gantt em n
rite Chandler of the Excherter) had said that the Duke of Wei.
had drawn up the documents connected telh this trans-
action in' his own tiand-writing. lie (Dr. Losbi.von) could
Seely credit the af section. for it war w di a.:oiChosent that he
anw a letter of 'loch uttpataileded insolence add/heed to tAr T.
Hilda() the Cesimstidet.in-rhief inlirdia, calling a hiil,
give it:formation in the way prescribed in the letter. It R/
hie] from corresyondicg widi the trim*, either by bet V*•
profernonal advisers; isul mid. forsooth, that it rodld be wee
decorous and respectful in him to conumnicate with the trestees
in person than through the niche'', of an agent. He woutd be
glad to know what tight the trustees had to pot cud] a mule.
6041 upon hint. He Mr. Lushington) had alro been informed
that ,Mr. Arbuthrtot—he terretted not to see the Right Hon.
Geniletnan in his plate—had intended to appoint hie son agent to
the trustees. who was not. however, 21 years of age; and it was
the opinion of the Law Officers. moreover, that no person could br
nominated as agent without the ccintem of the army. lie had
reason abut to believe that agency would have been worth some
thousand% of pounder Ile hoped the 110114 e would fake the coh-
duct of tie trustees too theo serious consideration. It was alike.
oantrary to precedent and rrenl!ing to jtno tee.
%The t: ti ANC I.: Rof ill, }.". H 1...Q17E1R captained. He
regretted that indispositiee prevenred the pmence of hie Right
Hem. Friend (Mr. Arbuthnot). His not bad not been appointed
as agent, but he would say that, in his opinitin. the tnuitecs had a
right, if they pleased. to nominate limit naneen:.
The ATTORNEY -GENERAL affirmed the opinion of the
Chancellor of the Exchesfaer, and tore testimony to the laborious
carrion. of the Duke of Wellingtbn and Mr. Arbuthnot.
After a few words from Dr. LUSIIINGTON and .Jr.S lIuME the
petition waa ordered to lie en the table.
SPANISH t'LAIMS.
Lori J. ws destroto of knowing from the Right
tles!lenueo the if,...reuv for Foreign Affairs what %tot the
lugt4i.,olkilttlesri.=, ape* daft}
date. ice what Was As the at
linnets! hi. the Conorii..siunr*s appointed to act en behalf ot Spain.
Mr. St jretary CANNING that he bad Nett ved Doinftwe
main on the so b;eet. Whhetlt rlet ging himsei to I.ICCISCOCCUReCy.
he would sta:c that the claims presented by this country on tgpain
atr.oonted a ni:out two mil:it-T.6. Every partible impediment was
nlaerd in the way or those claims in a manner certainly not way
.oecaming. The amount of the claims admitted by the Commission to
nn the the part of Spain he was rot prepared m state, but no cicadae
had Ir!en spared en the part of cur Commissioners to bring the
!airiness ton ',pertly end satisfactory settlement ; but he faired!
that t!.at Mich was most essential, namely money, was not to
be had.

lewd J. RC; SELL, in a very low tone of voice. ssid (u w•
onclervoo.") Ile did not think the esplanation of the Right Has.
(I,?ntleina:; saiisfortory.

Mr. Secretary CAXNINO replied, that there were peculiar dif.
eultics in the wa v of the adjustment of these Spanish claims. A nego.
list:011 for the indemnification of British creditors on Spain had tar.
mi ;wed without an adjustment of these claims; a threat of force
WWI tlled ; but, though this threat was not resorted to, it left stants•
thing behind to quicken the eatisfietory completion of the demand.
A convention grew out of It; aeon cstasiNnence of a negotio-
eon on the part of Spain, to utis,V the Brawl claimants, • roprf‘
aid was threatened to be made en the Spa:,ish vessels, for tbe saris-
faction of their claims. By this Ginn-triton. Commiolociers were
Rppointei to value those claims on the cart of England and of
Spain. From the present state of the treasury of Spain. peculiar
s, he npprehe,tlen, would be thrown in the way of lb*
adjustment of tflt-se claims. He was naritditd, that nathing would
be wanting on the part of our Commissioners, to bring them to a .
speedy te:rnination, that could be of either by urgency or by
reasonable compromise.
COMBINATION LAWS.
Mr. MUME pretested a petition from Sheffield, against tb•
Combination Laws.

•
MR. KENRICK.
• Mr. TRE3IATNE presented a Petition from Mr. Kenrick,
praying for a postponement o the case of Franke, the witnesses in
which case had been ordered to attend the House that night, as the
.petitioner had not had time either to consult with Cour.sel,, or to
prepare testimony to meet and counteract the charge to be preferred.
against him.
he. I)EYMAN said, that the petition which had been present-
ed, would bot alter the course which he had pointed out to the
House to adopt respecting the case of A. Franks. However, as it
was not likely the House would sit to-morrow, and as Mr. Kec.
rick complained of not having had an opportunity of preparirg wiz.
nesses to meet the charge,andof consulting Counsel, he would gladly
consent to let the business lie over until Thuraday. The witnesses
on the part of the-charge he intended to prefer, were ready. ; if It
were thought proper, be would propose that they be calledon row,
and examined In the part he sould act, he wished to be regu.
laced )4 the feeling of the House. Every reasonable indulgence
ought to be shown 10 Mr. Kenrick. If it were approved of by the
House, and if Alt. Kenrick thought it necepory for his due vindi.
cation, he would consent to the House hearing the evidence on
the part of the prosecution of the charges now, and of peon irtin
the evidence on the part of the deteltce to lie over to the next
Sessions.

Mr. Secretary PEEl.itaid that the present sactgestion of the Eon.
and Learned 31eniber was quite a distinct one from the propoot.ian
ailtifetiosei for•tc wst...eis of which be harp saisan Potkie.- thator
position contained in the motion of the Honourabl
i•,Member
were two distinct charges preferred against Mr. Kenrick, either of
which might be tried in any of the law courts of the country. It
had been stated that Mr. Kenrick had unlawfully impruonexi
Franks; if he had dune so, why did not Franks, or those who
took an interest in him, institute a prosecution against Mr. Ken-
rick on the charge of false imprisonment P (Hear, hear.) Ageth,
it was ailoged that Mr. Kenrick had libelled Franks in the Dew,-
papers. In the same manner it was open to him or his friends to
institute a prosecution against him for a libel. Thus, then, it ap-
peared that both these charges might be tried in the law courts or
the country ; and it would be but right for the House to consider
and weigh well, before they took up charges which did not lie
within their immediate province, but which were cognita"ole
before the °knotty tribunals of the country. He (Mr. Peel)
put it to the House whether it was possible, with reference tq
the principles of justice, to proceed tothe inquiry at present. Ile
understood it was only at one o'clock that day that Mr. Kenrick re-
ceived information that an inquiry was intended. Ile had only the
time which elapsed since one o'clock to give instructions to his
CounseL This time wax manifestly too little for that purpose, and
was still less availing to consider what evidence it may be necessary
for him to call, for the purpose of rebutting the allegations whictt
may be made against him. It may be necessary for Mr. Kenrick
to call witnesses to prove the previous character of Franks; Franks's
previous character might have justified Mr. Kenrick's suspicions.
It was not the value of the thing stolen which proved the trutp or
falsehood of the charge brought against any person. There might
be great injustice in a charge against an individual of gaud reputa-
tion ; but if that individual had a previous bad charecter, the co.
lour of the trammel/in would be entirely changed. Under the cir-
cumstances, Mr. Kenrick might think it advisable to prove that he
himself had sustained losses through Franks. To do so, lie would
probably find it necessary to produce savants who lived io his Al rvice
at the time, but had subsequently left it. Time must be given for
the production of these witnesses. As to the proposal of the Hon,
and Learned Gentleman to begin the case, to hear the charge. arid
wait until next Session for the defence, he was sure the House
could not entertain it. (Beat, hear.) It was rot possible to hear
the charge, And to lot this charge be circulated throughout the
country, and then to postpone hearing the defence or six moutiis.
In his opinion there was no alternative between disposing of the
ease altogether, cr declining to enter upon h. (Hear, hear ) If
the chart; • mule ai,ii•ist Mr Kennel; in Franks's case—it the not.

_ --
liciotte tarlatan 'ai cti;ol--eould be verified no doubt it was a

• charge of great sio,:al nitsconduca Without arguing urom
the expedienry of the House entering open such an m lays
he tkought it wits quite clear that such an inquiry could Lot
now he commenced. 'file charges against 31r. Kenrick were
per:telly notoriutis for many months; yet he was per-
mitted to go the circuit with those charges hanging over
him ; no attempt was made to bring the matter forward unul this
laic period of the Session, w;ten it could not be brouglok to a satis-
cfatc:zo.rhyetewrmasinsautireon.theAisitoouh!wrizsekint,:n:rtiootionwitfhoeiglitamin,githitatitota new
was
impossible at this period. If the Bolos: of Commons decided that
a petition should be presented to hi. Majesty, praying the re-
moval of Mr. Kenrick front his situation, what would be the con-
sequence? The other Hones would institute an inquiry under a
dtheref beabkle4twaiouttinld
more solemn sanction than the House of Commons could possibly
They
..rxiilsosin,
ietntwam‘apstrobgelmainueihnelolingeritucitran 644.
necessary. (Hear.)
Mr. DENMAN said, as it seemed to be the feeling of the Hoes,
(manifested during the speech of the Right Honourable Secre my).
that it was impossible to proceed in,the second charge against Mr.
Kenna this Session, he was unwilling to petsist in any course
which the House deemed inconvenient. Ile should not. tuerefors.
press foe the attendance of witnesses in the case of Franks this
Session, but he should feel it his duty next Session to proceed
with the ease, In its pregame shape or in any other which the eit-
enmstances may, warrant. (Hear, hear.)
Mr. W. IV I NN said a few words which were not distinctly beard
in the Gallery. We understood him to repress his concurrence in
the propriety of the determination expressed by the Henourabls
and LearnAlGentlen.do.
On the ellOtio.l of 3lr. DENMAN, the House then resolved it-
self into a Committee on Omar's case.
Mt. DE N 3IA N said, as the Coao:ttes which lie bail that Moose.
to propose had now resumed its sittings, he WOK Ws 1 sow., DI larkz
enting_himself to propose certain resolutions founded upon the
wee He congratulated the Committee that they had not come to a
hasty dedsion up ' on this we. tie was glad that the evidence was
printed and put in the hands of the Members, us they had now au
opportunity of banning a deliberate opinion. As some observa-
tions were mode as to the manner in which the petitii .n was got up,
he wished to say that he never had heard of the petition omit it
was placed in his hand. Whatever the opinion of the Committee
should be on Cantor's ease, if the evidence was auLfei :tit to war-
' rant a verdict of guilty on both cases, the Committee must agree
with him that it was impossible Mr. Kenrick should retain his si-
tuauon as a Judge. However the present case may be disposed W.:,
the two cases together formed a question of grave co:aide-mien-