The Sun.
London, England, 1825-06-29 00:00:00

WEDNESDAY EVENING, JUNE 29, 1825.

E GENERAL STEAM NAVIGATION
11 COMPANY'S PACKETS, will start froin off the Cus-
tom-house or the Tower, for CALAIS, daily (Sundays ex-
cepted); DUNKIRK, every Thursday; OSTEND, every
\V ednesday and Saturday; HAMBURGII, every other Sa-
turday; YARMOUTH, every Thursday Morning; MAR-
GATE, every Monday, Wednesday, Friday, and Saturday,
at 9 o'clock, and also on ever Saturday at I.o'clock; RAMS-
GATE and BROADSTA IRS, every Tuesday, Wednesday,
Thursday, and Saturday, at 8 o'clock; NEWHAVEN to
DIEPPE every Tuesday and Saturday, calling at BRIGH-
TON PIER when the weather permits ; itAMSGATE to
CALAIS, every Friday ; and RAMSGATE to BOULOGNE,
every Monday.
For the convenience and safety of the Public the time of
Starting. is regulated to secure the entrance of the Packets into
the Harbours on arrival.

Full information may be had at the Agents, viz.—Mr.
Saunders, Calais; Mr. Chapman, Dieppe; Mr. Salotnez,
Dunkirk ; Mr. Crowe, Ostend ; Mr. Delaval, Ilaruburgh ;
Mr. Galignani, Paris ; Messrs. Laws and Son, Yar-
mouth ; Messrs. Squire and Edwards, Norwich ; Mr. Carter,
Margate; Mr. Black, Lucumbe's Library, BLightop,.. Mr.
Martin, Ramsgate; Bull and Mouth Western,Coach-office44o,
ltegent Circus, Piccadilly; Sharpus, 13, Cockspur-street;
Middleton, 359, Exeter 'Change, Strand ; Steven's Hotel,
Bond-street ; Brown's, Park-street, Oxford-street ; Elvey, 63,
Fleet-street, corner of Bouverie-street ; Myers, St. Peter's Al-
ley, Cornhill ; at the CustOm House Quay ; and at the Com-
pany's Office, 24, Crutched Friars.
CHAS. BESSELL, Secretary.

BRITISH FIRE OFFICE, STRAND and CORNHILL,
DIRECTORS) &C.
GEORGE HOLM E SUMNER, ESQ. M.P. Chairman.
Hon. 0. KINNAIRD, Deputy Chairman.
Sir Charles Sullivan, Bart. Elijah B. Impey, Esq.
Sir Robert Wigrami Bart. Thomas Maude, Esq.
William Agnew, Esq. George G. Mills, Esq.
Charles James Aurinl, Esq. - Neill Malcolm. Esq.
John BA!), Esq. J• Richard C. Plowden, Esq..
James Colquhoun, Esq. John Soane, Esq.
JaMes Henry Deacon, Esq. 'Joseph Warner, Esq.
William Fitzhugh, Esq. James West, Esq.
Francis Erecting, Esq. Richard Williams, Esq.
147STABLISIIED- in 1799 for. Insurance ol
Houses, Buildings, Mannfactoeies, Goods, and Mer.
chandize; Ships, Vessels, and other Property, on the most
equitable terms, and on a principle which conveys perfect
security without any responsibility whatever to those insured.
Inioiratices may he made for a shorter period than a Year,
and persons insuring for more Years than one, are allowed a
hbePal Discount, which for seven Years amounts to 15. per
cent. on the Premium and Duty.
Nikki will not be charged for sums of £3OO, or upwards.
This Office has always paid for damage by Fire from Light-
ning. _ _

lteceipts for the renewal of Policiei expiringat Midsummer
may he had at the principal Offices in the Strand and Cain-
hill, London, and of their Agents in the Country, who will
receive Proposals for new Insurances.
JOHN HELPS, Secretary.

SCURVY, SCROFULA, KING'S EVIL, &c.
FREEMAN'S A NT I-SCORBUTIC
DROPS. These dreadful disorders in their most in-
veterate stages, whether occasioned by acrimonious matter
retained in the habit, or intloduced by certain indiscretions,
intemperance, or injudicious rise of Mercury, come partici).-
larly under the influence of this medicine. The reputation
of which was firmly established in the extensive practice of
the late Dr. Freeman, for a period Of more than forty years.
For all diseases originating in obstructed perspiration or im-
purity of the Blood, these Drops will be found a sovereign
remedy, at the same time the safest medicine that can he re-
sorted to; they,are also an excellent purifier of the Blood,
and are taken with great benefit in the Spring and-Autumn.
Sold in Bottles, at is. f-d.; 46. 6d. ; 1 Is. stnil dos, by But-
ler, Chemist, 4, Cheapside, St. Paul's ; Savory and Co. 136,
New Bond-street, London; and by the principal Medicine
Venders throughout the United Kingdom.
Of whom may be had Morris's Brunswick Corn Plaister,an
excellent remedy for eradicating Corns, Bunions, &c. In.
Boxes, at Is. laid. ar►d 26. 9d.

From the LONDON GAZETTE, June 28.

BANKRUPTCY SUPERSEDED.
C. Innel, Chalford, Glocestershite, clothier.
BA NKRCIPTS.

-- - -
J. Jarvis, Brompton, Kent, tailor, to surrender, July 5, 19,
Aug. 9, at the Bankrupts Court, Basingliall-street. Solici-
tors, Alessrs. Lowe and Son, Southampton-buildings, Chan-
cery-lane.
J. Wisdom,. Uckfield, Sussex, grocer, July 5, 12, Aug. 9, at
the Bankrupts' Court, Basinghall-street. Solicitor, Mr. Hind-
marsh, Crescent, Jewin-street, Cripplegate.
J. Marshall, Birmingham, victualler, July 26, 27, Aug. 9,
at the Royal Hotel, Birmingham. Solicitors, Messrs. Heming
and Baxter, Gray's-inn place.
E. Winder, Manchester, tailor, July 9, 11, Aug. 9, at the
Star Inn, Manchester. Solicitors, Messrs. Hurd and Johnson,
Temple.

PA i Ai NiN

*. For the Proceeding 4 of the Holm: of LORDS. see the
Fourth Page.

HOUSE OF COMMONS, TvEsD.tv,truxc
The SPEAKEtt took the chair at four o'clock.
SULLIVAN'S DIVORCE BILL.
On the motion of Dr. PIIILLIMORE, the House went into
a Committee upon this Bill.—Counsel were called in; and wit-
nesses examined thereupon.
• THE DECCAN BOOTY.

• Mr. HUME presented 4 Petition from Lieutenant-Colonel
'Fitz Simon, late ..Major in his Majesty's 85th Regiment of In-
fantry, and in command of Brigades in the fourth and reserve
divisions of the late Army of the Deccan. The p-etitioner served
in the Army of the Deccan, under the command of Lieutenant-
General Sir Thomas Hislop, during the war which, in the years
1817 and 1818, was waged against the Pindarrees and the Mah-
recta Princes, and terminated in the most splendid and bene-
ficial results for the Fast India Company. .The Predatory
Bends in Centraleladia were extirpated, tliee most formidable
oate Native Powers were destroyed or huriifiled, and large
and valuable territories, as well meradeple.reveimes, were :indeed-
to the possessions of the East India Company. Such were the
achievements of that Army, which, from a denial of justice
the most extraordinary and unparalleled he had ever heard of,
was driven to seek retires's from. that Houge, Abuses toe fre-
quently existed in the distribution of prize-money, and he had,
its hie inquiries on the subject, never been able to ascertain to
what department the superintendance of it belonged. Ile
thought that though it might be just and expedient to retain
the legal fiction by which it vested in the Crown, some fUrther
provision ought to be made to secure to the Soldier the speedy
and full distribution of the reward of kik fatigues anti priva-
tions, which flowed by inaariable usage from the bounty of the
Sovereign. He could instance many cases in which the mast
impioper delay hatitaken place, but no case that he knew of
equalled the present ! The petitioner commanded brigades in
the fourth and reserve divisions of the Dec Can Army, which
were respectively commanded. by Brigadier-General Sir Lionel
Smith and Brigadier-General Sir.Theophilus Pritzler, both of
whom were still in India. He had full opportunity of wit-
nessing and estimating the hardships endured by the troops,
and the peculiar difficulties which they surmounted. In
the course of the successful operations of the war in question,
rich booty, consisting of arms, ammunition, stores, jewels, and
the great hereditary treasures of the Native Princes, were cap-
tured from the enemy, but much of it had been seized by the
Civil Servants of the East India Company, who, although the
Company derived great and permanent advantages from the
conquests effected by their army, exhibited a general disposi-
tion to withhold from them the fruits of their honourable exer-
tion. After the terminatibn of hostilities, Officers were selected
from the several divisions of the army, and regularly appointed
by Lieutenant-General Sir Thomas Hislop, the Comman
Chief, to act as a Prize Committee, for the purpose of ascertain.
ing and enforcing the just claims of the .army; and in 1821,
Major Cadell, of the Madras Army, and Major-Wood, Military
Sects ary to Sir Thomas Hislop, were appointed Prize Agents,
to suxeed the late Lieutenant-Colonel Dalrymple. The Prize
Committee and the Prize Agents, from time to time, prop steel
agai tat the appropriation of booty by the East India Company's
Servants, and used the most indefatigable exertions to
ascertain the amount of the booty, and the various cir-
cumstances under which it was captured, not only with
a view to the general amount of prize to be distri.
tutted, but to the particular claims of the troops by whom
the captures were effected. A long. and expensive litigation
ensued as to the rights of the respective Capters which was
conducted before the Lords of the Treasury, and ended in a
distinct recognition of the principle which the .Counsel and
Agents of the Army of the• Deccan sought to maintain. By a
Treasury Minute in February 1823, the Lords of the Treasury
detertuieed." that the most just and
,equitable principle of dis.
" tributian would be to adhere, as nearly as the circumstances
of the case Might adinit, to that of
ractuai capture ;" and
their LAelsbips recommended to .the Crawn, that with an es- _
ception in favour of the division of' the Bengal Army under
Brigadier-General Hardyman, in respect of the booty captured
at Nagpore, that " the booty should belong to the divisions of
" the Deccan Army engaged in the operations in which the
" same was captured." They also decided that no part should
be granted to the East India Company, and recommended that
a grant should be made to Trustees " for the purpose of aver-
" taining and collecting the prize property, and for prepariag a
" scheme for the distribution, conformably to the principle
" thus laid down and subject to the ultimate sanction of his
" Majesty." On the 22d March, 1823, a grant, founded on
and embodying the Treasury Minute, was accordingly made to
the Duke of Wellington and Mr. Arbuthnot, as Trustees,
for the purposes specified in the Minute. Although this
was a deviation from the usual practice, no complaint was
made, nor did it seem that ally apprehensions were then enter..
tained of the Duke of Wellington and Mr. Arbuthnot swerving
front the strict and conscientious discharge of the duties thrown
upon them by his Majesty. It would-have been better if Sir
Thomas Hislop, the Commander-in-Chief of' the capturing
army, had, as in all former cev:ea, been nominated a Commis.
sioner or Trustee, but the petition did not complain of the ap-.
pointment. It intreated investigation of the case, and stated
circumstances calling for the exertion of all the vigilance and
jealousy of the House over the Management of the vast fund,
which the appointment had cast upon the Trustees, whose con-
duct appeared to have been as extraordinary and unparalleled
as their appointment. Honourable Members would hear with
surprize that no distribution of any part of the booty had yet
been made, and that the Trustees refused all information to the- j.
Army and their Agents, respecting their proCeedings, and of
the views taken by them of these large and complicated claims,
or of the manner and extent to which they had unthread or pro.
posed to enforce them., Ever since October, 11123, all
communication .between the Agents of the Army, and the
Trustees, it appeared, had been withheld and refused
by the latter. lie called tile particular attention of the
House to the extraordinary declaration which the Trustees
,had thought fit .to make. In a letter, dated May 27, 1824,
addressed. to Sir Thomas Ilislop, this passage occurred :
" We beg you to understand, therefore, that we are ready to 1
"receive information, but WE GIVE NONE." WAS it to be
tolerated, that parties interested in a property, amounting to
many hundred thousand pounds, were thus to be debarred from
all information respecting its,. management. He trusted his
Majesty's Ministers might be able to give some explanation of
.such conciucta. but for his own part he could find none. It was
tiso well calculated to excite suspicion, and to lead to surmises,
which, upon repetition, were treated as realities, and accordingly
various rumours existed, and statements lied appeared in the
public Papers. How far they were well thunded he could not
pretend to say, but at any rate there was enough before the.
Ilouse to demand inquiry, and he trusted that the Right Ho-
nourable the Chancellor of the Exchequer would be enabled to
favour the House with some solution of this of sir, which might
allay the fears of the gallant body whose interests were sodeeply
concerned.

The CHANCELLOR of the EXCHEQUER said, that in
the absence of his Right Hon. Friend (Mr. Arbuthnot) from in-
disposition, he was ready to give the explanation required. He
would not enter into any .of the other cases of prize-money al-
luded to by the Hon. Gentleman (Mr. Hume). The fact was,
that this property was peculiarly circumstanced. It did not come
immediately within the operation of the Prize Acts. It was
booty, the whole of which became the property of the Crown.—
There were contending claims among the captors. The argu-
ments on both sides were heard, and the fjords of the Treasury
decided that the captors alone of the Deccan were entitled to -
share. In 1823, the Duke of Wellington and Mr. Arbuthnot were.
appointed trustees to the captors; and he believed the House
would admit that there were no two individuals living less
likely to make use of the appointment for any personal object,
such as the Hon. Alember (Mr. Hume) seemed to insinuate__
Immediately on the receipt of the Treasury warrant, in 1823,
appointing them trustees, they proceeded to the discharge of
their dutiea. The whole business was managed by them with.
out any expence to the captom except what was necessary in
taking the opinion 6f Counsel. The Duke of Wellington wrote
with his own hand every paper connected with the inquiry,
and in fact took more trouble, and manifested more zeal in,
it, than if it were a business in which his individual inte-
rest was Concerned. The Honourable Gentleman (Mr.
-Hume) complained, that in his letter to Sir Thomas His-
lop, the Noble Duke refused to communicate any infor-
mation. He would endeavour to explain this circum-
stance. The information the Trustees wanted was informa-
tion from the captors, that Might enable them to make out a
list of distribution. NoW, the information the other party
wanted was this--they desired that the trustees would connutt-
M m atte to the the legal opinions theyißa ob,iiued on the sub-

ject from the Law Officers W. nie Crown. Ne pereon inlet a right
to demand from them an account • of -what they had done, and
in refusing it they were influenced by prudential motives. By
'slime means or other, detached parts of the proceedings, only cal-
culated-to mislead the public on the subject, had found their way
into the. newspapers during the Under such circuit-
stances he thought the trusters acted prudently in retuning the
answer they did. It was impossible that the Duke of Welling-
tor., or Mr Arbuthnot, the East India Company, or any of
its servants, could' derive the least advantage from the
property claimed by the captors.. The property, was not in their
hands, or in any way under their controul. Now as to timeline
when this business was likely to be adjusted:—The trustees
ha 'already satisfied themselves as to the nature of the different
claim', and their extent. All that wee wanted was a scheme Of
distribution; and it was not until the first day • or the present
month e tune that the Duke of Wellington hail been fur-
nielm+ley the claimants with such a list ase could enable the
trustees to decide who the persons were that were entitled to a
share of this prize-money.
• Dr. LITS.HINGTON said, he differed from the Right Hon
Gentleman in all his inferences, and someeof his facts. It wae
not a little remarkable, that notwithstanding the praise bestowed
upon the conduct
.of the Trustees the Army did not at all con.
cur in this commendation of there cenduct ;. on the contrary,
.they expressed their marked dissatisfaction at it. Their cone
duct he (Dr. Lushington) would not hesitate. to assert was
Unwarrantable and without all precedent. There was tot
instance on record. of such an affair having been 'managed as
this had been by the Noble Duke and Mr. Arbuthnot.—
He did not mean to attach any blame to the conduct of Govern-
ment. • He had been concerned for the Marquis of Hastings aced
the Grand. Army in the proceedings before the Lords of the
Treasury, and lie could most cheerfully bear testimony to the
patient and laborious attention ;with which their Lordships ens.
tered upon one of the most. arduous investigations with which
he had ever been acquainted, either in reference to the Com-
ideeity of the details, the difficulty of the questions, or the im-
mense mass of documents that was adduced in support of the
respective rights of the parties. Although the Marquis of
Hastings was unfortunate in the issue of the cause, he (Dr. 1.4.)
did not complain of the decision. He believed it have been
dictated by the most anxious desire to do justice, and founded
on the most serious and dispassionate consideration of all the
facts and the arguments of Counsel. It was not of the conduct
of the Treasury in this respect, or of his Majesty's appointritent
of the Duke of Wellington and Mr. Arbuthnot, that he come
plainer', though he saw no reason for the deviation which had
taken place, of the invariable practice of appointing the Coin-
mender-in-Chief of the capturing army to be one or the Trus_
tees for the management.of the •Prize Fund. It was of the
Trustees he complained, and he thought that in a case of this
magnitude and importance it was the duty of the House to
institute inquiry, and to secure to those who had hardly
earned it, the reward which the bounty of their Sovereign.
had assigned them. These Trustees, from the very time of
their entering upon their duties had acted in a manner
calculated to injure the best interests of those whom it was their
duty to protect. In every case that had .occurred within his
experience, the most unrestricted communication had
.been
allowed and encouraged between the Trustees of prize funds
and those who were interested in its dietribution, and to refuse
it, as had been done in this case, amounted to positive denial
of justice. No one could doubt. the vital importance of such
communication to the interests of the, Army, and of the
strange and embarrassing situation in which they must
be placed whilst it was withheld. It was evident, not
only that the amount of the fund to be distributed must be
depreciated by the want of free and cordial communication,
but that it was impossible to prepare a just and satisfactory
scheme of distribution without it., The Chancellor 'of the
Exchequer had said it was not until the Ist of June that the
Agents had enabled the Trustees to prepare their scheme of
distribution, buehe would ask whether • the Trustees had ever
informed the Agents of the. particular claims which they had •
prosecuted and established, and without it how could the
Agents supply the Trustees with materials to form a scheme
Of distribution, founded on the principles laid down in-his
Majesty's warrant ? The petition before' the 'House stated
that .he (Colonel Fitz Simon t had heard, though from the
system of secresy adopted, he could not confidently assert,
that a sum
.of about 700,0001. had .been realized and ad-
mitted to be due ao the captors, but that such sum, though
large in itself, was small, when compared with the claims which
could be legally established by. the Prize Agents on behalf of the
Army. Was it to be tolerated that the Army were to derive
their information from rumour, when it was the ditty of the
Trustees to convey to them authentic information ? The Army
alone, after the Crown, in accordance with invariable usage,
had made a grant of the captures, were interested in the pro-
ceeds, and would that House allow them to be shut out of all
knowledge of the management of their funds ? He submitted
that it was not the intention of the grant, and that it was incense
sietent with common justice and common sense to exclude
the Army from all knowledge of proceedings in which
they were the sole parties beneficially interested. The
Right lion. Gentleman (the • Chancellor of the Exchequer)
had said that the Duke of Wellington had drawn up the docu-
ments connected with this transaction in his own hand writing,.
and•had devoted not only his time and talents, but had acttialry
contributed his manual labour to the interests of this Army,
but he (Dr. L.) could scarcely credit the assertion, when he re-
ferred to the correspondenceand sawthe unparalleled insolence and
the unbecoming and reprehensiblespirit and language in which it
was couched. He would state to the House the manner in
which it had been thought fitting and decent by these Trustees
to address an Officer of the high and distinguished rank of 'Sir
Thomas Ilielopi and who had commanded the •Army which •
achieved the eplendid and brilliant results of the lute war in'
India. In .a letter dated Woodford, Oct. 14, 1823, there was a
passage stating, " we conceive that when. you are present in
"'England, it could be much more convenient, more decorouS,
" and less .expensive that those answers shOuld proceed
" front yourself." Moref decorous and respectful forsooth l
—Wits •it ever heard of that the Commander-in-Chief
of an army, entitled to prize-money, was to be compelled to
conduct ,the correspondence with the Trustees, appointed for
his benefit and that of the troops who- fought under him—that
he was to be prohibited from corresponding with them either
through the prize agents or his professional agents. He would
be glad to know what right these Trustees, who made such a
merit of their services, had to put such a restriction upon Sir
T. Ilislop. Nor was this all ; the same letter went-on to say, that
" In respect to the opinion of Mr. W. Harrison annexed to
" Mr. Atcheson's letter, which appears to us to have been
" brought before us in a very irregular manner, we observe that
" it relates not to any point of law in the case, but to the expe-
" diency of our communicating to the said W. Harrison and
" Dr. Jenner the opinion which the Law Officers of the Crown
" have given to us----." Ile would ask who " the said W.
Harrison" was ? He • was his Majesty's Solicitor-General,
when he was Prince Regent, and he was a King's Counsel,
and the brother of Mr. Harrison, who was one of the Secretaries
of the Treasury at the very time .when .one of the individuals
signing the letter, which made the allusion to him in these
disrespectful and improper terms, was himselfa Secretary to the
Treasury. This sort of language was not confined to this single
letter; it ran throughout the correspondence, and pretty clearly
evinced the spirit which actuated these Trustees,; but as the
Right- Honourable Gentleman i(Mr.. Arbuthnot) was not
in his place, he should abstain front further observation,
and reserve his further remarks on that point to some
future opportunity. The Chancellor of the Exchequer had
alluded to the very disinterested and meritorious services
of these Trustees. It Wes a case in which every man was
bound to express fearlessly his sentiments, and to state what
ht knew ; and when the Right Hon. Gentleman claimed merit
for disinterested services, and denied that the trustees could de-
rive any personal advantage. from this transaction, he would ask
him whether it was not proposed to make Mr. Arbuthnot's son,
who, as he understood, was not yet twenty-one years of age, an
agent for thedistribution of this prize-money; whether due profits
of the appointment- were not calcutated at upwards of 10,0001.;
and whether it was not decided that the Crown was to confer it on
this individual, though it could only be done in conformity
to the provisions of an Act of Parliament, with the consent of
the captors? lie would ask how he would explain this
attempt to put the son of one of the Trnstees in possession ofsome
thousand pounds at the expence of those who served ill the cap-
turing Army, and who had discharged, in the most exemplary
manner, all the laborious duties of the Prize Agency. Perhaps
he should be told the appointment heel not taken plite ; but
why was it not? Because it was found that the Prize .Act
secured to the Army the power of appointing their own
Agents, and • that the Trustees had no right to interfere
with the .appointment. He challenged time Right lion. Gentle-
man to deny that such was the case, anti that the Law Officers.
of the Crown had expressed their opinion that the appointment
could not be made. It was a case which_ in all its ciretun-
?:teneee 'required investigation, and if -immediate justice was

PRICE Si•:VENrrNcr

. ,
. . .
not
,done to- the army he trusted the House would inter-
, pose, and ,by some proceeding secure it- to them.
The CHANCELLOR of _the EXCH is:QUER. said, he re-
gretted that his Right Honourable Friend (Mr. Arbuthnot)
was unable, in consequence of illnees,- to Attend .in his place,
as he had no doubt he would be • able •to - give a -ealiSfac-
toiy answer to the obserVations of the Honourable :and
Leaned _Gentleman (Dr. Lushington.) He would now. re-
peat dietinerly. that the trustees had not, nor could have, any
interest in delaying the adjustment of the claims in this
case. With respect to the appointment- alluded to, the tact
was;, that Mr. Aebuthnot's.son wag not appointed agent At all.
If the power of appointing Agents to assist in the distribution
had by law been vested-in the Trustees, he could see no impro-
priety in their appointing Mr. Arbuthnot's son. It was com-
petent to the 'Trustees nnder the warrant to appoint Agents to
assist them in the subordinate dirties of the trust ; and if such
a j-iower were not given, it would effectually prevent
disinterested peremse taking upon themselves the manage-
ment of prize affairs. But though the . power of uppoint-
Mg Agents to assist them in the duties thrown upon them
• by the King's warrant, existed, none had been appointed.—
It was, therefore, unjust to charge his.-Right Hon. Friend with
an interest in delayike these proceedings—repproaching to tor.
ruption. • An agent for the Army could not he appointed with-
_ out the atictiternf the regulations. prescribed by the Act of Par-
The golf:anti Learned Gentleman was also mistaken
in the age Of the eon. Of Mi. Arbutlimit.
Dr..LUSHINGTON said he would not have asserted .any
thing which he had not strong 'reason for- believing to be true.-
The Right Hen. Gentleman had denied the, appointment of the
son of Mr. Arbuthnot, but there was abundant evidence to prove
the intention, was indeed truce as the Chancellor of the
Exchequer stated, that au agent could he appointed Only:ac-
cording to the provisions of the Prift Act., The warrant gave the
trustees the power of employing persons, and remunerating then'
for their assistance in collecting and recovering the-prize proper ty
and in forming the scheme olilistributioneand there their datics
stopped, but-he re,gretted that ,enne vague expressionsehad been
introduced into tin: warrant, apparently for the purpose of carry-
ing them further, And of enabling:them to interfere with an ap-
pointment width the Law had justly and winiy given to the
Army, only.
The ArIbRNEY-GENERAL said, that this being the
property of the Crown, it was competent to it to issue the war-
rant in-what terms it might think.ht, and to enable the Trus-
tees to remunerate persona for assisting them in the performance
of the duties of the trust. The Hone and Learned Gentleman
was mistaken if he imagined that to be illegal. From various
conversations be bad had on this sit b;ect with the Trustees, he
knew that much of their time was taken up with it, and that
they were anxious to complete the list of distribution as soon
as possible. It was only the variety and the contending nature
of the claims that occasioned the delay. No distribution. could
take place till the claimants themselves sent in their lists.
Mr. FIUME said the Right Hon. llon..Gentleman was en:
tirely mistaken with reference to the letter to which he supposed
him to allude. The letter to Which he alluded was one in reply
to a letter from Sir Thomas Hielop, requesting permission to
inspect the accounts furnished by the. East India Company. He
thought it was not unworthy of the notice of the House, that the
conduct of these Trustees had been described by seven of the
most emjnent individuals at the bar as improper and prejudicial
to the army. They said in their opinion. which he held in Isis
hand, that " Upon an etteutive consideration of all the &cum-
" stances, we are at a loss to understand upon what ground:ease
" Trustees have refused to hold any flirt/ler communication wish
" the Agents acting on the behalf of the Aisny—a proceeding
" opposed to every principle of equity and justice, and. which,
" if persisted in, must necessarily be productive of anise-
" quences the moat injurious 'to the interests of. the Army.”___
He should move that the Petition be brought up and printed.
It was most respectful in its language, and stated that the-Of-
ficer from Whom it was received had been induced to pmy !Or
the interposition of the house, from his knowledge of the wares
and the anxieties of the surviving portion of the Army in Eng-
land, of which many of the most active and meritorious-Of-Heels
and soldiers had died since its termination, leaving widows and
Orphans in circumstances calculated to excite the strongest sen-
pathy. Such an appeal he (Mr. Hale) trusted would never be
wade to that house in vain* and he gave notice that he would
move to-morrow, or some early day, that the Accounts in
possession of the Treasury be bud before the House,.in order
to ascertain what the. amount of this property was, and where
it was.

The petition of Colonel I!itz Simon was then ordered to be
printed. ft was as followa

To the Honourable the Commons of the United Kingdom of
Great Britain and Ireland in Parliament assembled, the
humble Petition of Lieutenant-Colonel James Henry Fitz
Simon, late Major of hi Majesty's 65th Regiment of b
fantry, and in comma: d of brigades in the fourth and re-
serve ,diVisions of the late Array of the Deccan ;
Humbly showeth—.That your petitioirer served in the army
designated the Army of the Deccan, under the command of
Lieutenant- General Sir Thomas Hislop, Baronet, during the
war which, in die years 14:17 and 18111, was waged against the
Pindarrees and the Mahratta Princes, and which terminated in
the extinction of the predatory bands, in the destructiOn or,
humiliation of the most treacherous and formidable of the na-
tive powers, and in the acquisition of large territories and ample
revenues by the East India Company.
That your petitioner, who commanded brigades in the fourth
and reserve divisions of the army, which divisions were ie-
spectively commanded by Brigadier-General (now Illajor-Ge-
neral) Sir Lionel Smith, and Brigadier-General (now Major,
General) Sir Theophiltis Pritaler, both of whom are Still a
India, had full opportunity of. witnessing and estimating ti e
hardships endured by the troops which he had the honour and
good fortune to command; the peculiar difficulties which they
surmounted ; the signal bravery by which; when opposed to
far superior numbers, they ensured success ; and the exem-.
glary moderation and self-denial with Which they. used their
'victories.

That, in the course of these successful operations, rich booty,
consisting of arms, ammunition, stores, jewels, and the great•
hereditary treasures of the native Princes, were captured from
the enemy ; but that much of such booty was seized, and taken
possession of,' by the -civil servants of the East India Company,
who, although the Honourable Company derived: great and
permanent. advantages from their conquests, exhibited a general
disposition to withhold from them the fruits .of their sufferings
and struggles, ,and even to prevent them from ascertaining the
value of the spoils, and fairly vindicating their claim before a
competent tribunal. -
That after the termination of hostilities, Officers were-select-
ed from the several .divisions of the army, and regularly' ap-
pointed by Lieut.-General Sir Thomas Hislop, the Commander-
in-Chief, to act as a Prize Committee, for the purpose Of itscer.
taining and enforcing the just claims of the army ; and that in
the year 1821, Major Cadell, of the 12th Regiment of Madras
Native Infantry, and Major Wood, then a Captain in the
Queen's Royal Regiment, and 11 ilitary Secretary to Sir Tlioinas
Hislop, were appointed prize agents to succeed the late' Lieu-
tenant-Colonel Dalrymple, of the Madras Artillery.
That the Prize Committee and the Prize Agents, front time
to time, protested ,against the appropriation Of booty by the
East India Company, and used the most strenuous and indefati-
gable exertion to ascertain the amount of the booty, and the
various circumstances under which it was captured, with a view
not only to the general amount of prize to be distributed; but to
the particular claims of the several officers and divisions by
whom the captures were effected ; and that by these laborious
investigations an immense mass of information was obtained,
most essential to the assertion of the rights of the army, and to
the just distribution of the spoil among its various portions.
That the booty taken in the war was universally known
among the army. to be of great value; and that in consequence
attempts were made by the grand. army, and also by the .East
India Company, to establish their several rights to participate
in The benefits of the anticipated grant from the Crown :. and a
long and expensive litigation ensued, which was conducted he-
ti-ire the .Lords of the Treasury, and ended in a distinct _recog-
nition of the principle which. the counsel and agenta•of the
army of the Deccan sought to. maintain.
By a Treasury minute of the sth of February, Ism the
Lords of the Treasury, " having heard counsel in support of
the claims of the grand army, and of those of the army of the
Deccan, and having maturely and deliberately weighed and
Considered all the documentary evidence- laid before them in
behalf of the several parties, and the arguments of eattisel,
were. of opinion that the most just and equitable principle
of distribution would be to adhere, as nearly as .the cir-
cumstances of the case might admit, to that of actual
capture.; and that although they were, aware that th'e' prin-
ciple of constructive --capture must, under certain - circuit).
stances, in a degree be adMitted." Their. Liardshipsahere-
t ore recommended to the :Crown, thAt with -an --excep-
tion in favour Of.. the divisiop- of.:the .Bengal..army,..tlnder
Ilfigadier-General Ilardymani in .respect of the booty :cap-
..