The Sun.
London, England, 1839-06-17 00:00:00

THE DANISH CLAIMS.

( From the Hull and Last Riding Tine;.)
Thp conduct of Mr. Rice, as Chancellor of the Ex-
chequer, has compelled Mr. Cresswell to give notice that
he will again bring before the House of Commons the
question of the third class of claimants on account of
losses sustained from the seizure of British ships and
cargoes by the Danish Government in the year 1807.
This is a case which is generally interesting, but to
Hull it is especially so, for among her merchants and
shipowners are claimants to a large amount. On a pre-
vious occasion we inserted an abstract of the schedule
of claimants in as far as Hull and this district are imme-
diately concerned, together with the substance of the
leading facts of the transaction. We had then hoped
that the decision of the House of Commons would have
been acted upon, and that justice, though most tardy,
would have been done. It is now but too evident,
however, that further exertion is necessary on the part
of the public to secure the rights of a portion of the
community. We therefore propose bringing the real
facts before our readers, confident that they have only
to be known to compel the reparation sought for.
In the year 1807, from motives of state policy,
whether well or ill advised, the British Government
seized the Danish private property within British ports
—war between the two nations not being then declared.
The Danish Government retaliated, and made prize of
such British ships and goods in Denmark and in the
Baltic as came within its reach. On the 4th of No-
vember, the Danish property seized was condemned by
the British Government ; whereas the Danish Govern-
ment did not order the condemnation of the British
property which it had seized until the 24th of De-
cember.

The character of the whole proceeding was fully ad-
mitted by Lord Sidrnouth, then a Minister of the
Crown, on the 17th of May, 1808, when he stated to
the effect, that the detention of the Danish property,
prior to any hostile act being committed by the Danish
Government, was unprecedented and contrary to the
usages of war ; and that the subsequent re-
tention of the proceeds of that property could only
be justified upon the ground of its being applied
towards indemnifying the British subjects who suf-
fered losses of ships and cargoes by the Danish repri-
sals. And this view was fully corroborated by Mr.
Percival, Chancellor of the Exchequer, in 1810, who, in
a speech on the 30th of May, expressly stated, that the
sum of 1,200,000/, which had been derived from the
confiscation of Danish property, bad been paid over to
T. he public treasury, instead of remaining droits of the
Crown, " because there were certain merchants who
claimed compensation out of it for the losses they had
sustained, arising from the manner in which the war
had broken out."
In the year 1834, the House of Commons sanctioned
the claims to indemnity of those who suffered losses
through the confiscations by the Danish Government
above adverted to.
In consequence of that proceeding Commissioners
were appointed to investigate the matter, and from the
instructions furnished to them by the Treasury, it was
palpable that Ministers had determined to limit the
compensation within the narrowest bounds possible. In
a Treasury minute, dated 29th July, 1834, it was laid
down " that no claim should be received,. or enter-
tained, or inquired into, by the Commissioners, but
such as are clearly and indisputably fur losses occa-
sioned by the sequestration and confiscation of book
debts by the Danish Government ;" and also,
" that all the claims should.he stated at the
exact amount of the loss originally sustained,
but without any addition whatever on interest."
No sooner was this known, however, that its revi-
sion became necessary, for the limit set was wholly
indefensible. Accordingly we find a new Treasury mi-
nute on the subject, dated 4th November, 1834, in
which the following passages occur My Lords read
the application of Mr. Shillito, requesting that the in-
quiries of the Commissioners for Danish claims may not
be limited to the claims of the sufferers by the confisca-
tion of book debts only, but may be extended to various
other classes of claims enumerated in his letter."—
Upon further consideration, and bearing in mind that
all my Lords have undertaken to do is to afford to the
parties the advantage of establishiag before the Com-
missioners the fact, that the loss for which compensation
is claimed was sustained, and that my Lords are by no
means pledged to recommend to Parliament the grant
of any compensation on account of any of them, it ap-
pears to my Lords that it will, upon the whole, be more
satisfactory that the whole subject should be at the same
time before Parliament, in order that the House of
Commons may have submitted to them the whole
amount of the indemnity claimed by all those parties,
together with a statement of the several classes into
which such claims for compensation naturally divide
themselves."
The Commissioners proceeded with their labours, and
presented their Report, dated 28th March, 1835. That
document made it abundantly evident that the Commis-
sioners understood and acted upon the spirit of the first
Treasury minute. The Commissioners divided the
claims " into three distinct and separate classes, viz.,
those for losses arising from the confiscation of boOk
debts, of goods, and of ships and cargces." With re-
spect to the first and second classes (especially the first),
the report w,,is clabo;ate, but with respect to the third,
it was something worse than nothing.
The supported claims in the first and second classes
were duly liquidated ; and the claimants in the third
class being thus thrown aside appealed to the House of
Commons. On the 23d of May, 1838, Mr. Cr.,sswell
moved an Address to the Crown in their behalf: and al-
though that motion was opposed by the Chancellor of
the Exchequer and the Attorney-General, still it was
carried Ly a majority of 34-200 Members having ac-
tually voted, and 140 having paired off. The justice of
the case was thoroughly apparent, and compelled the
decision, for the claimants had little else to appeal to.
So striking a decision, it was hoped, would induce

justice ; but it was soon seen that; however obedient
the Commissioners might be to the Minister, the Minis-
ter paid no such deference to the behest of a majority
having nothing whatever to do with party politics. On
the 6th of February last, the Commissioners presented
their report to the Treasury, and that its character may
be justly appreciated we now insert it, although it has
belOre appeared in our columns :

" My Lords,—ln obedience to your Lordships'
commands, conveyed to us by Mr. Spearman's letter of
the 30th June, 1838, we proceeded immediately to

sert an advertisement in the London Gazette, for the
purpose of giving information to all parties concerned,
that we were authorised by your Lordships to examine
claims for losses sustained in consequence of the seizure
of ships and cargoes by the Danish Government, in
1807 ; and we gave notice in the saute advertisement
that such claims, and the proofs in support of them,
must be delivered to us within three months of the date
of the advertisement.
" In consequence of this advertisement, 90 claims, for
ships, cargoes, and freight, have been transmitted to this
Air,. and •he total of the sum claimed amounts to
524,7471. 18s. lid.
▪ Our next s tep in furtherance of your Lordships'
instructions was to examine into 0 e amount of the loss_
in each case, and also into the otl er particulars of the
several claims, and the character of the evidence by
which they were respectively supported.
▪ And we have now the honour of reporting to your
Lordships the result of this examination, set forth in the
schedule which we enclose.

We have thought it advisable to prepare that sche-
dule in a tabular form, under the impression that by
resort to this mode we might have the best chance of
conveying to your Lordships, clearly, and succinctly, and
as it were at one view, the particular facts and eircurn•
stances v: hich it might be most material to submit to
your Lordships' judgment and consideration.
" Your Lordships will perceive that the evidence in
many of the cases appears to be defective; but in the
present stage of the inquiry we have not felt ourselves
warranted by our instructions in proceeding to a judicial
determination of any of the cases which have been laid
before us.'
r.
Of this report the Treasury took no notice ; and when
Mr. Cresswell asked Mr. Rice what he intended to do
with it, the answer was—nothing ! Again and again
the Honourable and Learned Member for Liverpool
with Sir Walter James, Mr. Hutt, and other Mem-
bers, have attempted to have the question referred back
to the Commissioners for adjudication—but in vain.
Under these circumstances, Mr. Cresswell has given
notice that he will, on the 18th instant, move :
" That an humble address be presented to her Ma-
jesty, praying that her Majesty will be graciously
pleased to direct the Commissioners to whom it was
referred to examine the claims of certain British sub-
jects, in respect of losses sustained by the seizure of
ships and cargoes by the Danish Government in 1807,
to proceed to adjudicate upon the claims which they
have received, and upon which they have made a Report
to the Lords of her Majesty's Treasury."
Such is the treatment which the Danish claimants of
the third class have received fiord the Treasury, and
we apprehend that to the judgment of every honest and
impartial mind it will present a case of unprecedented
hardship. Unquestionably the Chancellor of the Ex-
chequer did right in opposing the claims in the House
of Commons if he thought them not well founded, but
when he had been heard, and the vote was so decidedly
against him, he ought to have acted purely as the E.xhe-.
eutive, and have carried out the decision in good faith.
Nor will the objections urged against these claims by
and
the Ministry at all justify the course of opposition
between the
in the first place, that there is a distinction
of
evasion pursued with reference to them.. It is alleged,
s had no right, ac.
cording It is asserted that the n
confiscation of property on shore and that property
edaeizee the goods of Bri-
cording to the usages of
on Danish ground
e shipsafloattheir;
tish subjects actually warehoused
with
o:those place, that
but that they had a right to seize
second
the
cargoes ; and it is stated, in.
claimed is large beyond the power of
aggregate amount
without inconvenience
he Treasury to meet it
t In the declarations of Lord Sidmouth and Mr. Per-
cival, already quoted, there is surely an ample answer
to the first objection. Not only was the seizure and
confiscation of Danish property made by the British

EVP,NTWa.I4IinTTiON..

Government, contrary to the usages of war, and the solo I
cause of the losses these claimants complain of, but
the proceeds of those confiscations were actually
paid into the public Treasury—not used as droits of
the. Crown—" because there were certain merchants
who claimed compensation out of them for the losses
they had sustained, arising from the manner in which
the war had broken out." The twelve hundred thousand
pounds paid into the Treasury, therefore, eras trust
money, and it is a fraud that unprincipled povror only
dare be guilty of to retain one farthing of it until the
proved losses are made good.
The second objection is as futile as it is mean.
not a week ago, seventy thousand pounds were voted,
on the motion of Mr. Rice, to build some stabling for
the Queen at Windsor, and are we now to be told that
the Treasury is too poor to restore a portion of trust
money, of which it has had the free and full use for
upwards of thirty years. The country will not endure
such unprincipled contradiction, Nor is the amount
that would in reality be required at all equal to that
which it has suited the policy of the Treasury to alike
it appear to he. The gross amount as given in the Coo-
missioners' Report is 524,747/. 18s. Ild. ; but even a
slight comparison of the Report by the Commissioners,
with those made by the very same individual%
with respect to the claimants of the first and
second class and the Spanish claimants, will at One
show the drift of their arrangement. In the Report uPaa
the third class of Danish claimants,
all pretensions:
however absurd upon the face of them, are inserted a°l
lumped together ; whereas in other cases the good and
the bad are carefully classed. Thus in the Report uponthe first and second classes, it appears that the amount
claimed in the first class was reduced from 183,1821' 09ci
4d. to 112,627/. 9s. 10d. ; and that upon the von
class, from 177,0161. Is. to 78.3271. Is. 6d. ;
upon the Spanish claims a similar reduction was effected
•
The sum, therefore, set forth in the Report of the Com-
missioners is obviously fallacious, and can have been
figured with no other design than to deter the Hon"
of Commons from doing an act of justice and honesty
on account of the largeness of the price to be paid'
The truth appears to be—judging from the deliberate
statement of the known claimants—that from 1.50,00°L
to 200,000/. would satisfy the case.
That the House of Commons will adopt the met°,
of Mr. Cresswell we can hardly doubt, for the most
consummate ingenuity must fail in opposing to it nil,
and that
reasonable objection, The House of Commons 'I;
already declared specifically in favour of the prineiP;ti
Involved, and the question now is, whether or not it 0"
have that principle carried out. This is not a mater
which Las been supported only by a particular Woest
or party : Mr. Hurne, for instance, admitted in his 01,c°
that the justice of the claims was so palpable that'aef
could not but vote in their behalf ; and the exertioas°
Mr. Hutt to forward them have been constant an
strenuous. And certainly if ever there was a woe la
which collateral circumstances were calculated to islghc;
favour for the principle, such is the fact here. tiv
great body of the claimants have suffered grievati)4o
through their losses—one of them is actually the ittnintor
of a poor-house ; and the shipowners affected b,
that particular class who have been almost victimisec„rie
our foolish and injurious experiments in free trade. "uy
do not at all conceal that to Hull the matter is reami.,
important ; and it is gratifying to believe that
Cresswell's proposition will receive the cordial and se
.s
ens support of every individual Member returned by t
district.