The Sun.
London, England, 1825-07-06 00:00:00

MR. GOUELAY.

Sir R. FERGUSSON presented a petition from Rumford,
in the county of Wilts, setting forth that the petitioners had
heard that Mr. Gourley was at present confined in, the House
of Correction, on the oath of_two medical men as to their be-
lief of his insanity ; the petitioners concluded by declaring that
they considered him to be very rational, and by praying the
House to direct an inquiry to be made into his case.
BARBADOES, &c.
• Mr. CANNING appeared "if the Jiat, ahil' Wafted the
House that his Majesty had graciously ecceived its several Ad-
dresses, upon the Report of the Commissioners of Education in
Ireland, respecting the Chapel of Barbadoes, &c.
. CRUELTY TO ANIMALS.

Mr. RICHARD MARTIN presented a petition from the
inhahitants,of South •Lambeth, praying that the provisions of
the Act for preventing cruelty to animals might be extended to
other animalsbesides those at present included in the wording
of that Act. The Hon. Gent. also gave notice, that after what
had fallen from the Hon. Member for Knaresborough on a
former night, he should not deem it proper to press another Bill
that he had lately broUght in ;because he now understood, that
any such modification of the law as that Bill intended was un-
necessary ; seeing that the penalty of transportation was already
affixed to the wanton ci►cting or mutilation or maiming of the
animals, which his Bill would have expressly regarded.
THE SLAVE TRADE.

Mr. LITTLETON presented a petition, signed by 2,000
females residingia the town and neighbourhood of Birming-
ham, against negro slavery. They prayed, that after a certain
day, to be named by,. Parliament, all, children born of negro
slaves might be born free; and that as most probably a large
fund would berequired for carrying such a plan into effect, Par-
liament should sanction the railing of large contributions in va-
rious parts of the country for that purpose.
DECCAN PR IZE-M ONE Y.

Mr. ABERCROMEY rose to present a petition from Sir
Evan MacGregor, one of .his Majesty's Aid-de-camps, a very
gallant and distinguished officer, who was one of the captors
entitled to share in the distribution of the Deccan prize-money.
_The petitioner was Deputy-Adjutant-General of the King's
troops in.-the East•lndies; and in that capacity attached to
the army commanded by Sir Thomas Hislop. He was also a
Member of a Prizetommittee assembled at the head-quarters
of that. Lieutenant-General in the field, and of another
,Prize Committee, subsequently appointed at Madras.—
' Hehad therefore such opportunity of acquiring informatiotrre-
specting the booty as enabled him to assist in preparing the
statements of the general claims of the army of the Deccan,
:which were submitted to counsel for their sanction, prior to
their delivery to the trustees. These circumstances and his
having had an authority by' power of attorney to act for Sir
Thomas Hislop while he was absent on the continent, necessa-
rily occasioned frequent intercourse between ' hint (Sir V.van
MacGregor), the Counsel and Law Agent,' and the Prize Agent
far the army of the Deccan. Sir E. MacGregor stated, that he
had observed, by. the proceedings of the House, that Sir .John
Malcolm and three other Officers had ptcsented a petition,
stating,--" That upon the wisdom and justice of the trustees
they (the petitioners) chiefly relied for Ilia recovery of all that
could be obtained of this booty, for its continued preservation
front needless and4:4pensive litigation, and for the earliest
practicable distribution of the prize, aecording to the usages of
the service and the conditions of his'lltijesty's grant."
Upon this extraordinary passage, 15i. .E. MacGregor re-
marked, . in his petition, that he could not-ienagine that
Sir John Malcolm and the other petitioners meant to com-
plain of the expenses incident to the' litigation before the
Lords of the Treasury, in which, by the exertions of the law
advisers of the army of the Deccan, the claims of that army
were successfully established, in opposition to those of the
grand army and the East India Company ; but as the neces-
sity of preservation implied an apprehension or some impend-
ing danger, he inferred that Sir John Illalcolin and the other
petitioners were influenced by fears of needless and expenSive
litigation having been contemplated by the counsel or- law
agent, since the claims of the army were thus established; and
he could not but observe, ,that any ,snelt
.apprehension was di-
rectly opposed to the, sentiments expressed in a letter on this
subject to .the Trustees, on the 22d of January last, by Sir
Thomas. Hislop,. who had ample means of estimating the con-
duct of the counsel and agents, and who had the greatest inte-
rest in deprecating needless and expensive litigation. In that
letter Sir T. Hislop had done justice to those learned and honour-
able individuals to whom the the interests of the Army of the
Deccan had been intrusted. He (Sir T. Hislop) observed, that he
must do them the justice to state, that they had, in every dis-
cussion upon the subject, deprecated in the strongest terms any
resort to legal proceedings, it' they could be avoided ; and that
all aheir advice had been dictated by that feeling. " I may
" add, (the Lieutenant-General proceeded to say), that the
" apprehension that the Law-Officers of the Crown had al-
" laded to legal proceedings, and had recommended that a
" question upon which they entertained some .doubtg should be
" included in those proceedings, was a principal inducement to
" the earnest request, which was some time ago made to your
" Grace and Mr. Arbuthnot, for a communication -of their
" opinion, in the belief, that the Legal Advisers of the Army
" might suggest some course which would prevent litigation.'
" At the same.tune, I may here observe that they have always
" stated to me, that any such proceedings would necessarily '
" (whatever was the final result and decision on the subject of
" contest) postpone the realizing the booty, for distribution to so
"distant and indefinite a period, as to destroy all the benefit which
" the Army justly expects to receive; and they were accordingly,
" if an opportunity had been afforded, prepared to suggest a
" mode ofproceeding, which would have put all disputed ques-
".tions in a train for speedy decision without recourse to law." •
In these sentiments, Sir Evan 'Macgregor stated that he most
fully concurred; and he further begged to assure the 'House,
that in the course of his repeated interviews with the Counsel,
Law Agent, and Prize Agent, so far from witnessing an in-
•clination to incur 'needless and expensive litigation, he
never heard of' any design to litigate at all; but, on the eon-
trary,le had remarked the most anxious disposition and de--
sire on the part of the Counsel to prevent litigation ; and on the
part of the Law Agent to avoid every expence which was not'
absolutely requisite to support the, interest of the captors..—
In conclusion, the petitioner stated, that it was-extremely dis-
agreeable for hint to differ with his brother officers ; but he could
not neglect this opportunity of paying the humble tribute of his
approbation to the counsel and agents who conducted the cause
of the Army of the Deccan. This petitionehe ( Mr, A bercrom by )
considered well deserving of the attention of the Ilouse. The:
petitioner had taken the step of presenting himself before the
House voluntarily and unsolicited, and had thus Come forward,
like an honest and an honourable man, to express his opinion;
and by so doing to do an act of justice towards individuals
against whom calumnious, unjust, and unfounded aspersions
had been thrown out. Now it was to be observed, that in
the petition of Sir John Malcolm and the three other
Officers, there was a distinct attempt to create an inipres-
sion, that On the part of the Law Agent and the other legal.
persons employed on behalf of the claimants, it had been en-
deavoured to raise up an unnecessary litigation in this business.
__(Hear, hear !)—Now, in making that imputation, the parties
had.named no individual whomsoever.—(llear !)—lt was most
singular that they should not have done so ; and it was but na-
tural for the petitioner to say as he did let them only fix upon
the name of whomsoever they meant, and the parties would
doubtless be ready, when called upon, to meet their charge.
But he (Mr. Abercromby) must remember, that the parties to
the former petition came forward to vindicate the Duke of Wel-
lington from the blame which he was thought to have subject.:
ea himself to in this affair. They talked of the great services;
which the, Duke had rendered in war time to the country ; as if
any one in that House desired to dispute theme Hut did it fol.:
low, however great those Military services might be, that 'the
civil conduct of the Duke must be equally meritorious,- or free
rfreotimllybtloamceledi tpheidDtiultye,'sinprofaic:.eatesli,l, proceedings any tiring which went
s
( Hear !)—No ; they stated not one word. to that effect. liet
them state what it was, on, the other hand, that. they Meant • by:
the passage referred to; it truth, air iuf+irivatimr
against the lawyers which was quite clear, and which 'no Parties
in this case had any right to make. It *as 'really difficult
to imagine how it could be supposed that such a statement
wbuld not be immediately
,answered by counsel. He said by
counsel, because Mr. AtcheSon had acted with the adviCe of
counsel in this business, and had never
the imputation, however, was meant to apply

. .
claimants and their agenta, he would only state that he knew
the latter to be all of them men of honour;. and any such case
as this that was insinuated ought consequently to be definitively
stated and made known. If the charge was intended against
Mr. Atcheson in particular, the parties preferring it were also
bound to define and substantiate it. What would be the im-
pression of any indifferent person on reading the petition of Sir
John Malcolm and the other three officers but this—that they
meant to say, wwe rely confidently on eve's, thing which has
been done by the Duke of 'Wellington and Mr. Arbuthnot ;
but otherwise we think that the lawyers would have drawn us
into a needless and most expensive litigation ?" Believing this
to be the petition of an honest and conscientious man, acting
merely on the desire to make good the motives of his own con-
duct and that of the legal advisers of the captors generally, he
(Mr. Abercromby) moved to bring up the petition.
Colonel LUSH INGTON, on behalf of the Gallant Gentle-
men who were the petitioners on a former evening to this
!douse, begged leave to disclaim any imputation, us. oa_their
part, upon Mr. Ateheson, the professional gentleman who had
been alluded to. The object of those petitioners. was simply
this--to express their great confidence in the management of
the Duke of Wellington. Really, if any persons had a right
to complain in this business of calumny and misrepresentation,
they must be the Duke of Wellington and Alr.. Arbuthnot,
after the zeal which they had evinced in the discharge of their
trusteeship; and particularly the former, considering all the
malevolent aspersions that had been published against him in
this matter, and the assertion that had been hazarded—[most er-
roneously, he could assure the Hon. and Learned Gentlemarl
that his Grace's appointment in this case was not agreeable to
the army in question .

• Sir 11-ENAY HARDINGE' could not help thinking that
it was quite competent to the gallant officers whose petition
was presented on a former evening, to express themselves in the
way they had done. He perfectly agreed with the Hon.-and
Gallant Officer.who had just sat „down, that the Duke of Wel-
liegton and Mr.Arbuthnot had the greatest reason to complain
of aspertion and misrepresentation in this business. As to the
disposition to go to law imputed to some of the parties concerned,
he (Sir H. Hardinge) thought it might be traced in these
very proceedings; some of them having desired powers of
attorney to be prepared and sent over for the receipt of prize.—:
Irr page 90 of the infamous and calumnious pamphlet which
he (Sir Henry Hardinge) held in his hand, he observed a letter
from Sir' Thomas Hislop, requesting the trustees to authorize
General Sir Lionel Smith, by power of attorney, to prosecute,
sui.s for the recovery of the Peishwah's property. Now, did
not this indicate a disposition to promote litigation, else why
ask for such an authority? Then,' others have gone so far
as to Claim that there should be included in the prize
I fund, the value of the materials of a palace which the Dec-
, can army had destroyed ; and others had - even gone 41e
length of proposing to be allowed to claim compensation in the
year 1832, at the expiration of the Hon. Company's Char-
ter, for the territories of a Rajah whom they had captured and
dispossessed. There seemed to be an, extraordinary degree of
sensitiveness and 'delicacy on the part of: the Honourable and
Learned Gentleman opposite, to any thing amounting to an'
imputation on the lawyers. He had too many nearconnexions
in the profession of the law to have indulged, for one, in any
such reflections. But he must take leave to say, that in this
instance it seemed to him, the gentlemen of the long robe had
already had quite enough of this plunder.—(A laugh, and cries
of " Hear !")—He understood that their bills amounted to
somewhere about 14,0001., or upwards.—(Hear, hear !)—Now,
while these Gentlemen had received 14,0001., the expenses
of the Duke of Wellington and Mr. Arbuthnot, for two
years of hard work as 'Trustees, had emt exceeded one hun-
dred and fifty pounds.—( Hear !)-,Froin the proceedings, he
thought it had been shewn that there was the disposition to go
to law which had been suggested , and when aspersions against
gentlemen in the profession of the law were so loudly com-
plained of, he must remind the House that the most unjusti,
liable means had been resorted to in order to asperse the Duke
of Wellington and Mr. Arbuthnot.—(Hear!)—The aspersion
against them must have been supplied to the channels through
which they found their way to the public 'by some persons
officially acquainted with the transactions connected with this
question ; and, as he had before observed, the confidence of :
an officer of such high rank and reputation as Sir Thomas
Hislop must have been most grossly abused by allowing'
letters anti newspapers,- and garbled papers of other kinds,
to be given up, as had been done. It had been even asked why
the Duke of Wellington had not given up his papers in the same
way ; but surely it was most material that the Duke should not
be desirous of giving up the Opinions of the Law Officers of the
Crown, and other Important and confidential papers, seeing
what had already happened in respect. of the manner in'
which the other papers and their contents had.- been made
known. ,The fact was, that in every 'instance wherein the
Duke had had conversations with Sir Thomas II islop, or any
other gentleman, on this business the subject matter of such
conversations had -always found its way into the newspapers,
but in a most garbled way ;
:so that, at last, the Duke of Wel-
lington found it necessary to object to have any personal corn.
tnunication with Sir Thomas Hislop, while he continued to
have any thing further to offer to the trustees, Entirely ab-
solving Sir Thomas Ilislop from any design or participation in
assisting intelligence of this kind to find its way into the news.
papers; a proceeding which he was very far indeed from im-
pitting to that distinguished officer—he could net but think that •
the Duke of Wellington had acted rightly in saying—e"lf these
things are to find their way into the public prints,. let theist
do so in-my own words, at least, and not in
.etateee.'" But
the Duke at the same time said to--all the
.officers 'concerned
L-`.` Come as often as- you please—turn-over every account—
examine as much its you please;, but I will not, after what has
happened, hold any further personal communications on this
subject." As tothe pamphlets which had been published on I
this subject; they had been published, some of them, as the
House must have seen, with very improper motives.. The Duke
despised • these attacks as much as any could do ; but he
was not the less determingd on that account, that if' any part of
the case was to .be printed, the whole should be printed. Thus
too, if they were to have these papers printed, be (Sir H. liar-
dingo hoped they should have all the law bills also produced
and printed : he should like to see how much Mr. Harrison,
for example, had received ; and how much the other legal gen- i
tlemen had been paid. It would, in slm, be exceedingly de- i
:arable that it should be clearly seen how much:the gentlemen
of the long robe had shared of this booty or prize.
Mr. BROUGHAM could assure the Hon. and Gallant Off-
.Oer that he had his (Mr. Brougham's) full leave to be as severe
on the lawyers as he might see fit. He did not mean to Vindi-
cate the law, or the lawyers, from the attacks which the Gallant
Officer had made upon them. Bad people there undoubtedly •
were, and he was sorry for it,
_in every profession—some, he
feared, might be found who plundered in black coats as others
did- in red.—(llear !)—He asserted the latter, the former he did
not deny. The Hon. and Gallant Officer seemed, however, to
he under sonie-misapprehension as to the nature of the charge
.4 or daA aspersions, as he would:call it—that had been made on
• occasion against the Duke of Wellington. 'Bon. Gentle-
men (re his (Mr. B.'s) side of the House, (harked the Duke only
with ierosi ignorance as to the law of prize, as applicable to the
case of • the petitioners, It could not be supposed that any •
other objection ever entered into the minds of the lawyers who
represented the petitioning claimants. As to the passage com-
plained of by Sir Evan 'lll'Gregor in his petition, it evidently -
alluded to those lawyers. Now he. begged to say that he had
no personal interest whatever in this case, since thr House
seemed disposed to judge ofevery man's opinions by the test ofhis
interest in the matter .; but of that, a word presently. Now, with
respect- to :Mr. Atcheson, whom he had the pleasure of knowing
very well, he thought it would be the groteiest folly under the pe-
culiar circumstances of this case, to impute to that highly respect.
able individual a disposition to involve the claimants in needless
and expensive litigation. Could he (Mr. Atcheson) be benefitted
by it ? assuredly not. Was it not then most preposterous to
suppose he could have any wish to excite litigation. - The
Gallant Member on the other - side had talked of 14,000/.
having fallen to the share of the lawyers as their proportion
of the plunder —but elle (Mr. B.) rather believed that there
'was a mistake in this, for no bills had yet been sent in.' Be.:
• taking 14,000/. as the estimated expellee of the law pro-
ceeding's, was it an amount to be complained of? What had
been done for it? • Surely,' Sir John Alalcelm, anti the other
thoughtless • men who had joined liim in • his petition,
could not object to that expense ; for it had esta-
blished their • claims to the exclusion -Of the other
troops, and of. the East India Company. He (Mr.
-had a very high respect fur Sir John Malcolm—he
vial a very learned man and a very able roan; but be had known'
many wiser men do foolish things, and he must say, that,
fieeconsidered this petition as one of those foolish things
whiCh lie found Sir John Malcolm, like those wiser men,
sometimes (lid, nor was it to be wondered at, seeing how much
the -gallant. officer must be occupied with his speeches at-one
vlece." Or the other, and with his writings and his multifarious

PRICE SEVENPENC:r,

pursuits ; but what -he (Mr. B.) complained of was, •that this
gallant person should lend himself to the casting of imputa.
tions upon honourable and respectable individuals. If he corn..,
plained of the expensiveness of • the litigation before the Lords
of the Treasury, which indeed, as was said before, was pre..
mature, no bills having been, sent in, he (Mr. Brougham)
must say it was most thoughtless and inconsiderate, if not-
extremely ungrateful and ungenerous ; for what had een got,
for fourteen thousand pounds thus complained of? No Itss ry
sum than 300,0001.
.This was good profit, when 11,0001, is
laid out, and brings in 300,000 k He (Mr. B.) was told, by
his friends near him, that_ it was more than 30(1,0001. which
had been got fin. the Army of the Deccan. It was nearer a
million : why, then, so much the better fort:is argument, and
with so much the less grace cottiti- Sir Jolin Malcolm talk.,
of frnitless Thelitigation, thoefore, was not need.
less, althnugh k should ha ti!oucht expensive_. • tort! Moira
claimed a portion of the priz^..meney ; the Grand Arnty also
claimed' a minion ; but the 'Deccan .Army succeeded -against..
them. If he(Mr. Broughatn) should ever be so unf,rtunate -
as to enter a Court of Justice as a client, as he often did in
another capacity, he could wish ,no --better luck than to pay
14,0001. and gain 300,0001. It was the first time he -had ever
.heard so sacceasful a result- complained_ of. The Honourable
Member had expressed his desire -to see the law bills. lie •
(Air. Brougham), could not say how much other Counsel
had received, but he had got .three guineas for his opinion,L--
This was his share of the booty.—(Hear !)—Three guineas was
the value of his opinion—he meant the price of it—the value was
probably much less. But to return to the subject. No coin.
plaint had been made by the Officers of the Army against
the Counsel or Agents, and Sir 'E. Macgregor had expressed
his decided approbation of their conduct. Now, as to his own --
disinterestedness in.- the-matter, he'had not been' of counsel
at all -for these -parties; their - Counsel, besides titiae. of
Honourable and Learned Friends in that House, einnpris-ed= -
Dr. Jenner, Mr. Harrison, and Mr. Adam. . -He himself- •
was applied to, • but it was by the • Solicitor fOr, •
the Marquis of Hastings, and he was obliged to decline being
employed in the case, because he could not engage in it Con. ;-
sistenly• with the arrangements of his business in the Cciart.
Xing's Bench ;• so that if he had been employed, it would have
beets not for the adjudged captors, but for Lord Hastings. With
the exception of the petitioners, all the parties acquiesced in the
arrangements which had been entered into on behalf of the '
Deccan army. Sir Evan-Macgregor and Sir T. Hislop had
pressed the utmost satisfaction at the conduct of Mr. Atcheson,.,
and so had all the other Officers, with the exception :of
the four petitioners. Now, who, were these petitioners ?
It might be supposed, from -the parade that was made
of them, that they composed a large and important body ;
but no---they consisted of—only' four individuals,, most
gallant, no 'doubt, .in their own persons, and who would
nieet the-enemy-in the breach, bat they could not defend all
India; • and then; with regard to these, st.n:;ll anti select as
their number was,-there was a curious circumstance which he
(Mr. Brougham)• wished to point out. The name of Colonel
Noble 'was signed to the petition presented to the House a few
nightsago. He (Mr. B.) held in his hand a letter from Colonel •
Noble, the hand writing of which was strikingly different to that
in whiCh his name was written in the petition. This was more
extraordinary as be happened to know that Colonel Noble -was
is~ the Highlands of Scotland for three weeks before that .petitien
was *Stilted to the House., .Perhaps it had been signed by
Colonel' Noble three weeks before it was presented. But
why was it not • presented before ? Was it necessary for
the promoters of ,this petition to beat up for recruits ?
,If
so, he must condole with them upon their .want of sac.
cess, as out of the whole Army of the Deccan, they could
procure but one recruit in three weeks.—(A laugh.)—With
respect to Mr. Atcheson, he has great cause of complaint(
and he relies for protection upon the testimony .of .• Sir T.- •
Hislop, his' client, to whom he is responsible._ • He relies
upon the testimony of Sir F. M`Gregor, to whom he .is also
responsible. He relies upon his character, which is known--
Ile relies upon another circumstance, which_ is not so well
known, and which may be more conclusive with those
who do not know Mr. Atchesou's character. If this
tigation were to• be continued, who was to be the soli,
citor,?
.Not- Mr. Atcheson, but the Solicitor. of the Treasury.
And Mr. Atcheson must be a very odd man, if he excited ex,
pensive litigation for the profit of another. He had, besides,
laid out many thousands of pounds, which he cannot get back •
-Until the-distribution takes place. Ile could not conceive' any
individual -would throw good money after bad, anti that -Mr,
Atcheson would promote litigation,-. from which be could reap
no benefit, and which could only retard the period for his re,
ceiving back all his heavy advances. It could only be in _the
desperation of a case, or -in the . folly - of parties,
that they should. indulge in such absurd charges.—,
It was said that the Duke of Wellington had no objection to
shoal the papers to any but -legal gentlemen. -The Officers
and privates, and drummers may see them,. but the law
ments who could alone take legal objections, were. not
owea to 'look into them. So deep -an intereest do the
-trustees take in the advantage of the Army, that...they
would not permit them to see their own papers. I,le, (Mr.
B.) participated in the wish of the Gallant Officer opposite,
that all the papers might be produced, and in .that': case,
he was suite sure who would make the worst _ figure- in this
transaction, and that that person would not be Mr., Atcheson,
Colonel LUSUINGTON, in` explanation, .said that,he-at_
tached no blame to Mr. Atcheson, but he had everyeonfidence
in, the candour
.and -wisdom of the trustees.: Beforepettibel
Noble quitted town, he (Colonel Lushingtoti). -had 'a .conirePa-
tion with him, in which he expressed the StrongesediSdpDroSba-
thin of the language in the pamphlet: against the) ;Dtikft:of
Wellington. fle (Colonel Lushingtori), admitted that heqiad
written the signature of Colonel Noble, but he conceived that
tinder all the circumstances, and with the knowledge he. WI of
that officer's opinions on the subject, he was justified in'rloin<=
so. lie begged to add, - that he had not taken that step With, '
out previously consulting some Members in that House,"svhose
experience as to Parliamentary forms was greater thin his
own. •

• •
Mr. BROUGHAM confessed he did not think the ionversa;
tion which had been detailed, was sufficient to Warran fion,.
:Member in signing
.Colonel Noble's name, Ili such crones men
felt, ifferently, but he should not consider that his most inti,
mate friend was justified in puttinghis•name to. a petition tinder
such circumstances.—(Hear, hear !) It gave .bini tno, little
surprise to learn that the Hon. Meinber opposite had taken that
for a warrant to sign the petition which, in chet and"in truth,
did not by any means amount to a Warrant flir such a pu'fp.ose ;
and to '• sign a petition too which contained charges of
,a very
serious nature against a particular individual.- To :itfix ,a sig-
nature, without tne semblance of an authority for it, to Stich a
petitiOn, was palpably inconsistent with the privileges of that
llouse. The lion. Member most unquestionably, in the ctnint.
munication which he had with Col. Noble, obtained no.santho.,
rity from that officer to affii his name to the petition,
.3lr. Secretary CANNING saici-, there' could be nei:tipuat
that. the Gallant Officer had acted from the best of manses in
adopting the course which be had 'aVowed in so••'caniliti,.and
manly a Manner. It was equally certain that dint conre,pyould
'have been inconsistent with the usageof Parliament,.evozif he.
had had an express authority from his friend to .signthe•peti,
tion,; and that the irregularity was still greater, since lie_ucted
only on a general knowledge of the-opinions of bia.frieoll,
•lected from general conversation. There could be Tit: doubt;
that it'. was highly,: irregular, as
.the Gallant Officer would
be. aware, when .his Parliamentary experience was. ,Thore
li-184n-ed. He (Mr. Canning) however could not but: •• pro,
test against the tone which had been assumed by Honourable
and Learned Gentlemen opposite, in the observations which
they had made on the geneeal.question. He had always thought
that the settlement of a question by arbitration,' was a' course
cOmniOnly•preferred to an expensive proceeding at a4d: tie
really thought it hard upon any Gentleman whoi.venetired
state-such a preference in that House, that he • shOuld lie
called upon to substantiate a charge upon the learned pro,
fession. This was a sort of tyranny which he never
heard of before, and which he really did not understatid. A
Doctor of Physic ~was glad to get a patient; a 'Clergyman
was supposed' to delight ' in the cure of souls; biit if it
Were only hinted that a 'lawyer liked to get a client.,: this
was irtilantly resented by 'Honourable and Learnt l'oentliiin en
-opposite, as a cruelaspersion, and a sort of seandqlzawniagnik,
turn against the members of that profession..---tA
remembered that in a late debate a story was rather triumphantly
told on the other side of the house, of an account 'between twe
parties, which had been the subject of litigation for many- years,
having been referred •to an tilipieffeSsional Gentleman in; that
House, and satisfactorily settled in 4af an flour. Such a awry
as this; in the present temper of -Ilemourable,nrui Learned
Gentlemen, would be treated as a grOsiTcaltunny _on the whole
profession. • For his part, he thought the' advice to abide by
• the arbitration perfectly sound advice, antibe did not see
,wily
'this opinicn might not. be • entertained, without giving per-
sonal Offence to any gentleman, who had given,. or Will 2

Asif'st expect to be called upon to give, a legal opinion on the
-*abject. Professional (/,:ntl2nlcri naturally liked profs-
" Weal-employment, and this was a law of nature, from which
lives the Opposition—for, in the history of Parliament,
Owe never was an Opposition so entirely composed of Law-
jirsb—was not exempt—(A laugh.)—He meant to say nothing
so the slighest degree disrespectful of what he deemed an ho-
ooiirahle, and a magnificent profession; but certainly there
was a disposition in all professions to getos much professional
eneployrnent as possible, and in that desire it'vras not too much
eV say, that lawyers participated quite as much as men of other
rofeasions.
Mr. ABERCROM DIE said, he felt himself bound to say a
few words in reply to the Right Honourable Gentleman,
whom brilliant eloquence it had been found necessary
be exhibit on the stage. On one point he begged to set, him
sight. It was because the aspersions were not general, but ape-
eight, that Sir Evan l‘facgregor felt it necessary to state his
spinion to the House. He had no objection to Hon. Members,
either in the House or out of the House, giving loose to their
irnaginatioua and endeavouring to excite merriment at the ex-
r-. 44e of the legal profession, so long as they, kept themselves to
sr..eyals, and did not apply it to particular individuals. There
wax no doubt to whom Sir John Malcolm intended the offen-
liVa expressions in his petition to apply, and they had accord-
41giy been so applied in that House, and because they had
bath so applied, Sir Evan Macgregor had, as an highly ho-
J.-arable individual, and which was perfectly consistent with
1-,is known character, come forward in a manly manner to
✓esase those whom he thought had moat essentially served him,
and the other claimants, from unjust and unmerited co-
' loamy.

f►r. LUSHINGTON said, he thie to put the House righl
-1..0r one or two points upon which they had been misled by
rhc st;.teinents of Hon. Members on the other side. The Right
lion. Gentleman had talked of arbitration having been sug-
redted. It was the very tint, he (Dr. Lushington) and he would
vertture to say, the very first time any of the captors ever heard
sr it.

31r. CANNING, in explanation, referred to the King's
Warrant, which directed that if any differences or questions
should arise between the Trustees and the East India Company
in regard to the said booty, all such differences or questions
should be submitted by the Trustees_ to the Treasury, for the
signification of the Royal pleasure; or for the final settlement
as law and justice might require.
Dr. LUSH INGTON contended that such a reference
was not the kind of arbitration to which the Right
Honourable Gentleman had alluded in his speech, nor
could it be attended with the same results. The Law Agent
-of the Army of the Deccan had been accused of preferring
for his clients extravagant and unfounded claims, and it had been
said that be claimed for them the public buildings in Poonah and
the materials of the Peishwah palaces. Now, so far from prefer-
ring any such claim, he had advised it not to be advanced.
In August, 1321, the attention of the Prize Committee at
Madras was called by Major-Gen. Sir Lionel Smith to the sub-
ject of the palaces and public building, belonging to the late
Peishwa in Poonah. A claim to this property had previously
been preferred by Major-General Sir Lionel Smith, through
ltlphinstone in the spring of 1818, while hostilities were
carrying on against the Peishwa. Some of the palaces
and public buildings in question at Poonah were after-
wards converted into public offices by the Company's Govern-.
meat, and were now used by them ; and the others were
taken 'down and the materials applied to other public works.
Under these circumstances the General Prize Agents, in
the discharge of their' duty, inserted this head of claim ;
but by the advice of their Counsel they refrained from pressing
it. Now, with regard to the power of attorney which Sir
Thomas Hislop desired might he given to General Smith, this
circumstance had been equally misapplied. The Trustees them-
selves, it seemed, had chosen to misapprehend the inten-
tion of that Officer, and to consider his request as in-
dicative ot'a desire for litigation ; and the General had
. therefore written to the Trustees, expressly denying any
such feeling. In his letter he observed, " that he thought it
" necessary to state, that nothing was further from his inten-
" tion or that of the legal advisers of the army in submitting to
" then (the Trustees) the document of the. 25th of October
" last, than to suggest hostile proceedings against the East
" India Company. On the contrary, the suggestion of give"
inge authority to Sir Lionel Smith arose out of the na-
" titre dtf" the suit which had been instituted by the East
" Ilene
,company at Bombay, as establishing a general prin."
ciple most important to the interests of the army, and the
" expediency of giving authority to some officer in India
to act in aid of the Company in that suit, to which (as
" an unauthorised person had been allowed at Bombay to assist
" the Law Officers of the Company in their proceedings) no ob.
jection could be anticipated upon their part, and to take up
" the milt not as against the Company, but for the Crown,
" against the native Ameerchund Badehund, in case a disposi-
" tion should be shown by the Law Officers of the Company in
" India to abandon it, when it was discovered that success -in it
" would not benefit the Company. I have thought it necessary
" (the Lieut.-Gen. addsin his letter) to make this statement, as
nothing hasbeen further from the intention of the legal advisers
els. the Agents of the Army of the Deccan, than to advise
" or suggest any measures which might tend to involve them
" in expensive and fruitless litigation with the East. India
" Company." .Now as to tire prize lists which it had been said
were not delivered till the sth of June, it turned out that the
Trustees did not call for them till 14th Jan. last, and the sole
reasoner that delay, from January till May, when Major Wood
furnished them, was the hope which he and the law agent enter-
- tuned that the trustees would, by permitting them to inspect the
atatetnente vld returns of the East India Company, enable them
II present net mere lists °fun m be ra in each rank of the army, but
staternente of the circumstances under which each portion of the
booty that had been claimed by the Trustees, and admitted by
Cot East India Company, was captured. Such statements Major
•Str&oti was required tornalte"without liberty toinspect the returns,
het without such statements no scheme of distribution, it was
sato/louse could be framed applicable to a complicated series of
of-operations on the principle of adherence to actual capture in
each particular case. Now, with respect to one of the parties
signing the petition which had been brought before the House
in so extraordinary a manner, he (Dr. le) must say that he
thaaght it would have been more becoming if Sir John Mal-
• cairn had abstahied from signing any such document; For
in ,what situation did he stand ? Was he a perfectly dis.
interested party? By 'no means—He had advanced a claim-,
to share as of a greater rank than he held at the time he was
attached.to the Army of the Deccan. Upon that claim, the
I)ukst of Wellittgton and Mr. Arbuthnot were to decide, and lin!
was, therefore, most materially interested in conciliating their.i
good opiniou. Now, as that was the case, he scarcely thought it.
reeht in Sir J. Malcolm Meanie before that House with a petition
containing etanninious "deputations upon individuals, by whose
ettertione he (Sir J. M.) stood in such a situation as to render it
important or desirable for him to advance the extravagean t claim to:
which"be had alluded. lie (Dr. L.) :east say, that the asper,
wins -cast upon the legal advisers of the Army of the Deccan-
irre unjust and ungenerous ,in the extreme. He believed that
there had been the most sincere and unaffected desire on the
part of al/ of them to prevent unnecessary litigation.
Sir If. HARDINGE said that the pamphlet which had
been alluded :to, and. he held it in. his hand,,,was of a most
eatumnious -nature; .It had been stated thit that publication"
emanated front some of thia OfficerS engaged in the service, hut
this he for one could not believe. lie could not bring himself
to think that anyofficer could be ghilty of a calumny so unfound-
ed, so base, so mean, and so cowardly. It was utterly impossi.:'
hie that Major Wood or any other military man could have been
guilty of such atrociouscalumnies against the Duke of Welling-'
m. . He was likewise fully persuaded, although the pamphlet
.bore evidence of the author having some of his information
facet authentic sources, it was ,utterly impossible that Sir
Thomas Hislop could have furnished information of that na-1
tare. No, he could not entertain such an idea ; hut he never-
thefess was not altogether free from the suspicion' that some
lase libeller had abused the confidence of Sir T. 'HWop, and
in that way obtained information which- he could not other-
wine have acquire:. A fter a few further observations respect-
ing compensation for the destruction of Some palaces in India,
he saltiln conclusion,. that the Duke of. Wellington had acted
with .all possible care and caution, and had proceeded through.'
out under the advice of the law officers of the Croirn.,
Mr. BROUGHAM, in justice to Major Wood, would alto-
- Other acquit him of writing the pamphlet; it was not in his
ways He had read only •bedfof it, and respecting that portion
et !east of it he Would say that it was both able and-correct. He
took it for granted that sufficient to justify the epithets of the
Gallant Officer opposite would be found in the portion which
he (Mr. Brougham) had not read ; but had it not been fot the
opposite /6seertions of that Gallant Officer (Sir H. Hardinge),
he would have inferred that the whole of the pamphlet was of
the same character with the part he read—that it was bath able
and temperate. On a full view of the case he could 'not but
_say, that the Duke of Wellington and Mr. Arbuthnot did not
take the most effectual means- of vindicating them-
staves from the aspersions thus injuriously cast upon them.
• loatead of having Honeurable Members in that Douse rising
tip to bear testimony to the uprightness and-purity of their cha-
Teeters, they should at once proceed to the only complete, legi-
timate, and effectual way of repelling the accasations wish which
they had been assailed—they should bring their action.—( Hear,
heart Load hotrehter.That was the right way, they should
bring their action. What purpose could it answer to have a
character given in that House of his Grace the Duke of
mood
? a Judge and Jury should determine the question,
and by a verdict it should be ascertained which party was in the
right. All the Gallant Member's hard words would not weigh
-ote jot with the public. Unworn testimony to character was a

bad answer- to a specific imputation, if any such had bven
made. - . -

The following are Copies of the Petitions-referred. to in di I
preceding Debate :
To the Honourable the COMMONS of the UNITE I-)
KINGDOM of GREAT BRITAIN and IRELAND,
in Parliament assembled,
The Humble Petition of Sir EVAN JOHN MURRAY
MACGREGOR, Baronet, one of the Captors entitled
to share in the Deccan Booty ;
Sets:w F. TH—That your Petitioner observes, by the votes of
your Honourable House, that a Petition has been presented,
purporting to be a Petition from Sir John Malcolm, Colonel
H. S. Scott, Lieutenant-Colonel J. Noble, Major Wal. Jollie,
who are also entitled to share in the above-mentioned booty,
containing the following passage :—" That upon the wisdom
" and justice of-the Trustees the Petitioners chiefly rely for
" the recovery of all that can be obtained -of this Booty—for
" its continued preservation from needless and expensive lid-
" gation--and for the earliest practicable distribution of the
" Prize, according to the usages" of the service, and of the
" conditions of his Majeity's Grant." •
That your Petitioner was Deputy-Adjutant-General of his
Majesty's Troops in the East Indies, and was attached in that
capacity to the Army commanded by Lientenant-Generhl Sir
Thomas Hislop; that he was a Member of a Prize Committee
assembled at the Lieutenant-General's head-quarters in the
field; and that he was also a Member of a Prize Committee
subsequently appointed at Madras.
Your Petitioner had theretbre such opportunity of acquir-
ing information respecting the Booty as enabled him to assist in
preparing the statements of the general claims of the Army of
the Deccan, which dairies were submitted to Counsel for their
sanction, prior to their delivery to the Trustee:. •
That these circumstances, and your eetitioner's having held
an authority by power of attorney to act for Sir Thomas Hislop
while .he was absent on ' the continent, necessarily occasioned
frequent intercourse between your Petitioner, the Counsel and
Law Agent, und the Prize Agent for the Army of the Deccan.
That your Petititioner cannot imagine that Sir John Mal-
colm and the other said Petitioners mean to complain of the
expences incident to the -litigation before the Lords Commis-
sioners of his Majesty's Treasury, in which, by the exertions
of the law advisers of the Army of the Deccan, the claims
of that army, were successfully established in opposition to
those of other troops and of the East India Ce;npany ; but
as the necessity of preservation implies an apprehension of
some impending danger, your Petitioner infers that Sir John
Malcolm and the said other Petitioners are influenced by fears
of needless and expensive litigation having been contemplated
by the Counsel or law agent, since the claims of the army were
established as already stated.
That your Petitioner cannot but observe, that any such ap-
prehension is directly opposed to the sentiments expressed in a
letter on this subject to the,Trustees' on the 22d January last,
by Sir Thomas Hislop, who has had ample means of estimat-
ing the conduct of the Counsel and Agents, and who has the
greatist interest in deprecating needless and expensive liti-
gation.
That concurring in the opinion of• Sir Thomas Hislop, as
expressed in the above letter, your Petitioner begs leave to
assure your Honourable House, that in the course of his re-
peatecl interviews with the Counsel, Law Agent, anti Prize I
Agent, so fat from witnessing an inclination to incur needless
and expensive lit ' igation your Petitioner never heard of any
design to litigate at all, but, on the contrary, your Petitioner
has remarked the most anxious disposition and desire on the
part of the Counsel to prevent litigation, and on the part of the
Law Agertt to avoid every expence which was not absolutely
requisite to support the interests of the captors.
That your Petitioner is personally acquainted with Sir .John
Malcolm anti Lieutenant-Colonel Noble, for both of whom
lie entertains feelings of high regard, and deeply regrets his
being placed in collision with them and the other said Yeti,
tioners in the present instance; and it is not without the utmost
reluctance that your Petitioner is impelled to intrude himself
on the notice of your Honourable House, but be finds it :deso-
lately impossible to withhold his testimony in support of those
Gentlemen who have conducted the cause of the Army of
the Deccan, whose conduct appears to him to have been
precisely the reverse of that which the particular expres-
sions already alluded to in the Petition from Sir John
Malcolm and others would seem to impute to them, and
that your Petitioner thinks it the more necessary to make
this declaration, as the said Petition appears calculated,
if unexplained, not only to mislead your Honourable. House
and those captors whoare precluded by absence from obtaining
a correct knowledge of the proceedings, anti- thus to injure the
character of those highly respectable individuals to whom your
Petitioner feels himself bound in justice to state, that the Army
of the Deccan is, in his opinion, under the most important
obligations.
Your Petitioner, therefore, most humbly prays your Honour-
' able House that the said Petitioners may be required to
state the grounds upon which their apprehensions touching
needless and expensive litigation are founded, and to whom
they arc applicable ; and that if it shall turn out that they
are intended to animadvert on the conduct of the Coonsel,
Law and Prize Agents for the Army of the Deccan, your
Petitioner is ready and willing to obey the order of
your Honourable House to verity the allegations of this
his Petition at the Bar of your Honourable House, when.
ever he may be permitted so to do.
And your Petitioner will ever pray, &c.

To the Honourable the COMMONS of GREAT BRITAIN

and IRELAND, in Parliament assembled;

The humble PETITION' of NATHANIEL ATCHE-
SON, Esquire, of Duke-street, in tne City of West-
mineter, Law Agent for the Army of the Deccan ;
SHIMETH—That your Petitioner was, in August.lBl9, ap-
pointed and directed to act as the Law Agent for Lieutenant-
General Sir Thomas Hislop, and the Army under his com-
mand, in the prosecution of their claims to the banter captured
by them in the War against the Pindarees, and the Alithratta
Powers, in the years 1817 and 1818, and that he has ever since
December 1819, when he received his instructions, acted and
been recognized, arid still continues to act in that character.
That your Petitioner immediately entered on the perform-
ance of the duties thus cast upon him, which, arduous in them-
selves, were rendered more severe by the absence of Sir Tho-
mas Hislop, who remained.in India till the summer of 1821,
and which required from your Petitioner the advance of large
sums of money, and the devotion of the greater portion of his
time. Thus left to direct the cause and to supply the means
of promoting its success, he retained and instructed as Counsel,
William Harrison, Esq. one of His Majesty's Counsel, and.
Dr. Herbert Jenner, of the Commons, to elucidate the claims
propounded by the Prize Agents, and the Prize Committee in
India, on behalf of the Army, to enforce those claims before
the Lords Commissioners of His Majesty's Treasury, appointed
to decide upon them, and to oppose the counterclaims- advanced
on behalf of the Grand Army, and the East India Com-
pany.
That your Petitioner received from Major Clown, the Prize
Agent, who remained in India, 'aid from Major Wood, the
other Prize A gent, who came. to England in-the autumn of 1821,
a vast mass or body of doom:en:are. and other information,
relative to the booty captured. io the war, and the circumstances
Under which,. it was taken.e which, by the incessant labour of
your Petitioner, was reduced into form, and which was cm-.
ployed with great ability and ze;ilhy the-Counsel whOm he had
instructed. At length the case, thus expensively and roost
laboriously conducted, was brought io a successful issue, the
Lords of the Treasury, by their Minute; dated 11th February,
1823, declaring their opinion in favour of adherence, as tar as
the circumstances would admit, to the principle contended for
on behalf of your Petitioner's Clients, that of actual capture ;
deciding that, with an exception in favour of Brigadier-Gene-
ral Hardyman, the booty should belong to the divisions of the
Deccan Army engaged in the' reipective operations -in which it
was captured ; and stating that they did not consider that, un-
der all the circumstances of the ease, it was expedient to re-
commend to His Najeaty to grant any part of the booty to the
East India Company.
That His Majesty was most gracicaisly pleased to issue His
Royal Warrant, tinder his sign manual, bearing date the 22d
March, 1823, confirming the •decision of the Lords of the
Treasury, respecting the disposition of the booty, and, in pur-
suance of their-recommendation, granting the booty to his
Oraco the Duke of Wellington, and the Right Honourable
Charles Arbuthnot, " in mist for the purpose of collecting. re-
" covering, and receiving all the said hooty, or the pfoceeds or
" value thereof, from the East India Company, their officers,
" or servants, and all and every other person or persons whom-
" soever, into or in whose hands, custody, power, or possession
" the same, or any part thereof, might have come, or might
". then be or remain i" And His Majesty, by his said War-
rant, was further graciously pleased to order and direct, that
if any differences or questions should arise between the Trus-
tees and the East India Company, in regard to the booty,
such differences or questions should be submitted by the Trus-
tees to the Lords Commiesioners of His Majesty's Treasury,
" for the eignification of His Majesty's pleasure thereon, or
" for the final settlement thereof, es law and justice might re-
" quire." That His Majesty did further; by his said Warrant,
" empoWer the said Trustees, under the authority, and by the
" direction of the said Commissioners of His Treasury,
"- to .Aup for and recover " all such booty, or proceeds, or
" amount, nr the value thereof, in. their own namee, upon the
" trusts, and for the purposes of the said Grant or Warrant,
" in all cases in which the said Cornpatty, or any of their of-.
" ficers or servants, or any other person or persons, should not,,
" after the signification of the Royal pleasure thereon, pay, or
" restore, or transfer the same to the said Trustees," His Ma-
jesty did further, conformably with the recommendation ex.
pressed in the said Minute, authorize and empower the Trus-
tees to award and allow all proper costs and charges in the

proceeding. before the Lords of the Treasury, and also such
further charges as had been then incurred, or might thereafter
be incurred, in relation thereto, to be charged upon the said
hoofy. and paid out of its proceeds. And His Majesty did
further authorize and direct the Trustees to prepare a scheme
for the distribution of the booty, conformably to the principles
declared and recommended in the said Minute, to be submitted
to the Lords of the-Treasury, for the signification of the Royal
pleasure,
.and did further direct that the Trustees should re-
gulate their conduct in the premises, according to the provi-
sions of the Prize ACt.paiiied'in the-54th ymr of the late King,
and according to the rules and customs theretofore used and
observed in the. service in like cases.

That your Petitioner, in common with the Counsel who had
conduced the cause of the Army with Major- Wood, the
Prize Agent in England, and with the Officers who daily com-
municated with him, felt that it was vitally important to' the
interests of those in whose favour his Majesty's warrant was
issued, to ensure a free communication with the Trustees whom
his 'Majesty had been most graciously pleased to appoint, or
with such person or persons as they might be pleased to nomin-
ate. This desire arose not from any distrust of the zeal which
those distinguished individuals might exhibit in the execution
of their charge, but from the belief that iniportant.. questions
would be raked, as to large portions of the booty taken, by the
Servants of the lion. East India Company, and the probability
of which was expressly contemplated and provided for by His
Majesty's most gracious Warrant; from the nature of the
scheme of distribution, which must be rendered applicable to
the particular circumstances of each individual capture.—and
from's consciousness of possessing an immense body of infor-
mation, collected at great labour and expence, illustrative of
the general claims of the Army, and indispensably requisite to
the settlement of a scheme of dietribution, according to the prin-
ciple recognised and asserted in llis Majesty's Warrant. But
while your Petitioner, withlhe Officers for whom he acted, and
the Counsel by whom he was advised, was thus anxious for
communication, he was abio desirous of avoiding every Species
of conduct which might Teem intrusive and of conveying the
result of his own inquiries anal those of the Counsel by such
channels, and in such manlier only as might become the high
and a splendid reputation of the most distinguished of the
Trustees.

That your Petitioner, impressed with. this feeling, on 18th
March, 1823, addressed a respectfnl letter to the Trustees,
stating, that Major ‘l7ood was in possession of voluminous do-
cuments, collected in India, and was in communication with Sir
Evan Mutrav ANlregor, the late Deputy, Adjutant-General of
His Majesty's forces, and one of the Members of the general
Prize Committee, who was at Mahidpore, and Col. 1‘11)leod,
the second in command at Nagpore, and other Officers, whose
personal knowledge was essential to the successful vindication
of the claims of the Army. To this note he received an an-
swer, bearing date 26th March, 1823, In which the Trustees
were pleased to desire him to communicate to them as soon as
might be in his power every information which he could obtain
respecting the booty in question, Encouraged by this request,
he proceeded on sth of April, 1823, to lay betbre thc.. Trustees,
under the advice and sanction of Counsel, a general. outline of
the claims which he intended to submit to their consideration,
accompanied by a short statement of the principles on which
they were founded, which also was accepteci without any indi-
cation of reluctance or displeashre.

That an elaborate statement of claims intended for sub-
mission on the part of the Army in resp Act of the, booty cap-
tured At *Poona'', and in other parts of the Peiabwa's territories,
was prepared at great, labour and expence from the mass
of materials collected, and with the. signatures and au-
thority cif the Counsel 'on 31st of Alay 1823, was laid
before the Trustees. This statement being printed, was
accompanied by a letter from Lieut.-General Sir Thomas His-
lop, requesting the Trustees to grant to the Counsel of the
Army the honour of a personal interview which they permitted,
and which accordingly took place on the 22d of June follow-
ing; bet your Petitioner expressly declined to accompany the
Counsel on that occasion, from motives of delicacy and respect
to the Trustees, and during the whole correspondence has_never
attemnteel personally to intrude himself on them, but has con-
fined himself to addressing them by letter, and has iised even
this freedom only when it seemed to him absolutely necessary
to the intereets of his clients. In presuming so-to address them,
be was encouraged not only by their answer to his first offer of
communication, Luc by a note of the Ilieht Honourable Charles
Arbuthnot, bearing date 4th July, 1823,-requesting from him
copies of ..the printed statements which were reififired by the
Law Officers of the CrOwne-lind for which 3,1 r. Arbuthnot ap-
plied to him, under the impression that he might have the
po4.:er to furnish them wi.thont the necessity Of troubling Sir
" Thethror and'he was further induced' to believe that
no objeetion would c:.e raieed' f.6-that full and fete communica-
tion which w/1.4 deetined so essential to the interests of his clients
by the transmission same day of a case, prepared by Mr.
Maule the Solicitor for the Treasury, and whom the Trustees
employed as their Attorney for the opinion of the-Law Officers
of tilCr9Wil, on the eleitn already submitted to them,--to Mr.
Herrispin one of the Counsel retianed.on behalf of, the Army,
in order that- he and his learned colleague might make any ob..
servations which occurred to them upon it, and which case was
returnett-by .your Petitioner to Jr. 3 Menlo on the sth of July,
with such alterations its appeared to the Counsel for the Army
of the Deccan necessary, to bring the points suggested fully
under the consideration of his 31aeestY's Law- Officere.
That a secopd statement also prepared -with great labour, and.
settled and signed by the Counsel relative'to the booty ceptured
at 'Nagpore, end other parts, of the Blinoelab-States, was, on the
sth-of September, 1823, transmitted by your Petitioner to' the
Trustees, accompanied with a letter frotn Sir Thomas Hislop,—
requesting permission for the. Counsel Again to attend them for
'the purpose of elucidatingany matter.im which 'doubt Might
ethe,_epplying "Orel copy of the opinion -understoono have
been giyen'on the case of Ponnah by the Law Officers of the
Crown,—and entreating that before, any application should be
made to the .East India CompanYbyThe Trustees, they would
condescend to direct a copy to be sent to your Petitioner, in order
that it might be seen by the Counsel for the Army of the
Deccan previous to its delivery to the Court of Directors.
•'That the Trustee+ on the_ 22d of the same month acknow-
ledged the receipt of this elatemetit in a letter of that date to Sir
Thomas Hiehre, httt without noticing his requests, and de-
sired some further information whirl, your Petitioner enden-
voured to simply, by a letter of the 2d October following; Sir
Thomas Hielop being at that time out of town, and the .invita-
tion of the 'Trust es .to your •Petitioner, to communicate infor-
mation, neverhaving been .withdrawn. • . .

That a third stateiiient,.relating to the booty captured in the
hostilities with MUlhar Raowas prepared for the in.
spection of the Trustees, settled by the Counsel, and printed.
That Mr. Harrisontaeec mparied his apprOval of this claim by an
opinion, datc4ll October. )823, in which he expitssed a wish
for pertnision to ice the'Opinton obtainer, from the. Law Officers
of the Crown, on the case of Poonah, that lie, with Dr. Jenner,
Might.either attempt to remove any difficulties suggested by
-the former, or. tight forbeitrto press any points on which they
were decidedly adverse. " It is necessary," said the Learned
Counsel, " to state bow important it was to the interests of the
Army, that any such difference of opinion upon general legal
questions, affecting their claims as•to what is or is not beoty,
should be most fully considered and discussed, which cannot
be done with advantt,ge, without an unreserved communica-
tion of such;.legal opinion's as apply 'to such points. I
should. also: add, that it must not be lost sight of, that
it is impoitsible for the Counsel for the Army to do
more, in the•firat instance, than submit to tile Trustees, ac-
cording to the hest of their judgment, the prima facie grounds
upon which thc..Y rest the ektims of the Army ; and it is ob-
yibtts that, if thesc.)..Vittnds are in any respect questioned, they
On behalf of:theArmy will te,placed at great disadvantage, if
they have not the fullest opportunity of adding such additional
arguments as may occur to them in support of their opinions,
and answering any objections, or obViating any doubts, which
may be suggested,,either by the Law Officers of the Crown, or
the East India Compiny. Under these circumstances, I feel
satisfied that Dr. Jenner would, if present, concur with me in
recommending, that the Law Agent for the Army of the
Deccan should address a respectful application to the Trustees
for a communication of the opinions of the Law Officers of the
Crown upon the Poonah Case."

. . ......
That a copy of this opinion toes enclosed by Sir Thomas
Hislop, in a Letter to the Trustees,• of the 4th October follow-
ing, respectfully soliciting their attention to the request which
I it expresses, and the letter with its enclosure, together with
I the statement, were on the same_ day transmitted to them
by your Petitioner, who, in thus conveying the documents to
their hands, merely acted in his recognised character, as he had
'done on all former occasions, and without the slightest idea of
iinpropriety,.or any feeling inconsistent with the most profound
respect for the Trustees.
That your Petitioner learned with profound regret, from a
letter addressed by the Trustees so Sir Thomas Frisian on the
14th of the same . month, that they felt offended at receiving
from your Petitioner, on the 2d of October, the information
for which they had applied to Sir Thomas Hislop, and at the
manner in which the opinion of Mr. Harrison had been con-
veyed to their hands. In this letter the Trustees expressed
their opinion, that when Sir 'Thomas Ilislop was in England,
" it wodld be more convenient, more decorous, and less ex-
pensive, that .the answers to requests for information' should
proceed for himself;" they described the opinion of Mr. Har-
rison, as annexed to' Vour Petitioner's letter, though in fact it
Was inclosed in the Leti.er of Sir Thomas Ilislop, and referred
to therein, and expressed their determination not to communi-
,cate the opinion of the Law Officers of the Crown to the Coun-
sel for the A riiiy..
That Sir Thomas Ilislop, in his reply to this letter, bearing
date the qgth of the same month, disclaimed all controul over
the measures which embraced the general interests of the Army,,
and referred the Trustees on all points affecting the Army at
large to Major Wood, the general Prize Agent in England

and to your Petitioner, the Law Agent, as " the only person*
" legally entrusted on the part of the Army and of himself,
" with the general charge of the interests of the Officers and
" Troops concerned, and who alone were possessed of the do-
" cuments and information calculated to illustrate the various
" claims of -the respective divisions and corps, as well as of nu-
" merous individual applicants."
That as the Trustees thus declined to communicate with
Major Wood and your Petitioner; and as Sir Thomas flislop
refused to take on himself a representative character, all regu-
lar communication between the Trustees and the Army ceased,
and the latter have-since beet,- allowed no opportunity of assist-
ing, or even of witnessing, the proceedings of the former in re-
spect of their claims.
That your Petitioner, alarmed by a rumour that discussions
were pending between the Trustees and the East India Com-
pany, and convinced that the case of the Army could not even
be understood without reference to the voluminous evidence in
Major Woters possession on- the 4th of December, 1823, by
the advice of the Counsel for the Army, presented a Memo-
rial, approved and settled by them, to the Lords Commis-
sioners of the Treasury. stating the situation of the Captors,
and praying that their Lordships would interpose with the
Trustees, to secure to the Agents such a knowledge of the de-
mands of the Trustees, and of the answers or objections of the
East India Company. as might afford to them an opportunity
of supporting the claims of the Army. The answeroothis
Memorial, dated 14th - February, 1824, expressed the opi-
nion • of their Lordships that " they had no authority to
" interfere with the exercise of the discretion of the Trustees
" in regard to the mode of collecting, recovering, and receiv-
" ing the Booty." Upon receiving this answer your Petitioner,
feeling deeply the responsibility of the situation in which he
was placed, submitted the Memorial, the Correspondence, the
Treasury. Minute, and his Majesty's Warrant; to Mr. Harri-
son 'and Dr. Jenner, the Counsel for the Deccan Army ; to
Mr. Adam and Dr. Lushington, who had been Counsel foiethe
Marquis of Hastings, and to Mr. Gaselee, Mr. lleald, and
Mr. Brougham, who jointly expressed their opinion that " it
" was indespensahly noce.seary that the general Prize Agent
" and the Law Agent should from time to time be acquainted
" with the proceedings of the Trustees,"—and ' advised
your Petitioner to cause to be presented to .his Majesty.
in Council a Petition founded on and embodying- the
said Memorial. In pursuance of their advice, such Peti-
tion was prepared, and having been approved by the Coun-
sel for the Army, was, on the 12th of March, 1824, present-
ed, and was afterwards referred to the Lords of the Tress
sury. On the 14th of July following the refusal of their
Lordships to interfere, was conveyed to your Petitioner
in a letter from 111 r. George Harrison, which con-
eluded by observing, " that the style and tone of your
" Petitioner's respective repreeentations, and more espe-
" daily that which was addressed to their Lordships on
4th December last, were calculated to throw great difficeil-
' " ties in the way of amicable and confidential communication."
That your Petitioner deemed it due to himself to notice this
charge in a letter addressed to Mr. George Harrison, in which
he pointed out the injustice of representing his Memorial as
an obstacle in the way of communication which had wholly
ceased, and whiCh it was intended to re.open,—sliewed that he
' had acted entirely under the advice of Counsel,—contended
that he had given no just cause of offence in replying to the
letter ache Trustees during the absence of Sir Thomas Hislop,
as they had not only received from him without objection se-
veral previous letters, but had even desired him to communi-
cate to them any information he might possess relative to the
Deccan booty,--arul concluded by praying that, at all events,
no decision adverse to the claims of the army might be adopted
without first hearing.their Counsel upon them.
That Sir Thomas Hislop having, on or about the 17th De-
cember, 1824, received notice from the Treasury that the East
India Company had at length furnished Statements arid Ac-
counts of spoil taken. in the course of hostilities against the
Peishwa, and being requested to communicate any informa-
tion " which .might throw light on such 'statements and r.c-
-" counts, and enable the Trustees to form a better judgment as
" to the accuracy of them," addressed a letter on the 20th
of December to the Trustees, stating that Major Wood and your
Petitioner had been for sometime engaged in a laborious investi-
gation of the subject, and had acquired every information which
could be procured respecting it, but that it would be impossible to
arrange or select-from the maskofpapers the important portions
without knowing the points to which they should be applied,
and therefore solicitingthe use ofthe statements and returns made
by the East India Company for a short period. To this application
the Trustees replied by letter to Sir Thomas Hislop of the 14th of
January, 1825, is which they expressed their determination in
the following terms : " We have no objection to submit these
" documents to serer examination or that of any, number of
" your brother Officers whom you will name to ns, upon this
" condition only, that they are not to be submitted to the con-
" sideration of any Counsel or A ttorney, excepting only on a
" point or points to be previously submitted for our considers-
" Lion and decision. We make this condition, because we have
" observed throughout the consideration of these goestione, a
" strong desire on the part of some to go to law—a proceeding
" which we think quite unnecessary, which must lead to ex-
" pence and delay, and materially deteriorate the Seine of the
" property to those to whom it is most probable that His Ma.
"testy will be most graciously pleased to grant it." Sir 'Tiers.
Hislop by letter, in reply of the 22d January last, declined to.
avail himself of the permission to inspect the papere under such
restrictions as wholly useless, and stated—" In further answer
to your Grace and Mr. Arbuthnot's letter, I must do the legal
Advisers of the Army the justice to state, that they have in
every discussion upon the subject deprecated in the strongest
terms any resort to legal. proceedings if they could he avoided,
and that all their advice has been .dictated by that feeling. I
may add, that the apprehension that the Law Officers of the
Crown had alluded to legal proceedings, and had recommended
that a question upon which they entertained some doubts
should be included in these proceedings, was a principal in-
ducement to the earnest request which was some time ago made
to your Grace and Mr. Arbuthnot, for a communication of their
opinion, in the belief that the Legal Advisers of the Army
might suggest some course which would prevent litigation. At
the same time, I may here observe, that they have always stat-
ed to me, that any such proceedings would necessarily (what-
ever was the final result and decision on the subject of contest),
postpone the realizing the booty for distribution to so distant
and indefinite a period as to destroy all the benefit which the
Army justly. expects to receive: and they were accordingly, if
an opportunity had been afforded, prepared' tc• suggest a mode
of proceeding which would have put all disputed questions in a
train for speedy decision, without recourse to law."
" As the letter which I had the honour to receive from your
Grace and Mr. Arbuthnot of the Bth of November, alluded to
hostile proceedings, I think it necessary to state, that' nothing
was further from my intention, or that of the Legal Advisers
of the Army, in submitting to you the document of the 25th of'
October last, than to suggest hostile proceedings against the
East India Company. On the contrary, the suggestion of
giving authority to Sir Lionel Smith, arose out of the na-
ture of the suit which had been instituted by the East
India Company at Bombay, as establishing a general prin-
ciple most important to the interests of the Army, and
the expediency of giving authority to some officer in India
to act in aid of the Company in 'that suit to which (as
an unauthorized person had been allowed at Bombay to assist
the Law Officers of the Company in their proceedings) no oh-
jection could be anticipated upon their part, and to take up the
suit not as against the Company, but for the Crown against
the Native Ameerchund Baciehuod, in case a disposition should
be shewn by the Law Officers of the Company in India to
abandon it when it was discovered that success in it would not
benefit the Company."
" 1 have thought it necessary to make-this statement as no.
thing has been farther from the intention of' the legal advisere,
or the Agents of the Army of the Deccan, than to advise or
suggest any measures which might tend to involve them in exe
pensive and fruitless litigation with the East India Com-
pa our Petitioner immediately. auhmitted these documents to
Mr. Heald, and Mr. Adam, Dr. Lushington, and Mr.
Brougham, Mr.. Gaselee having been elevated to the Bench,
and Mr. Harrison and. tin Jenner being personally involved
in the censure of the Trustees,--and they advised that the
permission subject to the restriction was " wholly inn:equate
to the protection 'of the-interests of the captors" approved of
the course which had been already adopted, and advised Major
Wood and your Petitioner to persevere in their attempts to
obtrin an effectual inspection of the several statements and ac-
counts furnished by the East India Company, and to open a
communication w'th the Trustees on all questions affecting the
several claims of the Army.
That your Petitioner observes, by the votes of' Our Hon.
House, that a petition has been presented, purporting to be a
petition from Sir John Malcolm, Colonel H.— S— Scott,
Lieut..Col.J., Noble, and Major Wet. Julie—officers entitled
to share in the Deccan booty,' which contains the following pee-
s :—" That upon the wasslont and „justice of the Trustees
the Petitioners chiefly rely for the recovery of all thitt can be
" obtained of this. boot Y—fo- its continued preservation from
" needless and expensive litigation—and for the earliest prac-
" tic,able distri,bution of the prize according to the usages of the
" service, and the condition of His Majesty's grant."
That your Petitioner conceives that the'Worda "continued
preservation from needless and expensive litigation," must be
intended to apply, and will be applied, to himself as the Law
Agent to the Army; but he feels them to be wholly_untrierited
and unjust. He appeals with confidence to his conduct through-.
out the wholaof theeeProceedings; and to the tepor of a long pro-
fessionallife,..as a refutation of the charge which they insinu-
ate. After the close of. the litigation before the Lards of olie
Treasury, which will scarcely be considered needless, though
certainly expensive, he was only anxious that the claims raised
by the Prize Agents anti Prize Committee in India should

he fairly presented to the Trustees, and sustained II
the evidence applicable to them from the immense mass of
information placed in his hands. Those claims were all
weighed by the Counsel for the Army, and reduced into form
under their sanction, and advanced with their expressed re-
I commendation and concurrence. By their advice the claim for
compensation, in respect of the Palaces of the Peishwa, and
the public buildings of Poonah, was in the first instance aban.,
doned, but afterwards, in consequence of pressing instructions
from India, stating the peculiarity of the case, arising from
the situation of the East India Company, who will obtain by
the conquest, not only the use of those edifices, but a claim
to be compensated for them on tlge expiration of their Chatter,
and thus will receive, payment from the Crown for property
which vested in the,Crown by capture, the subjeCt was renew-
ed and submitted to the consideration of 'the Trustees. Your
Petitioner conceived it to. be his duty to submit all claims
which to the Counsel seemed tenable to the. decision .of the
Trustees, and he believes that, if full opportunity was given
to answer and explain the" objections n'nw raised, and to apply
the information possessed by the Agents to the questions at
issue, the far larger part of the claims preferred would be esta-
blished to the satisfaction of the Trustees, and that of the
Lords Commissioners of the Treasury, and would be acceded
to by the justice of the East India Company.
That the Trustees, on or about the 14th of January last,'
called for an abstract of the return of the General Officers;
Officers, and Troops, engaged in those operations in the
Peishwa's territories, including Candeish and the Con-Can,
specifying the number of each rank, also- separate' returns of
Lieut.-Colonel Prother's, Major-General Smith's, and. cf any
other detachments of troops which carried on separate operations,
and of the General titall of the Army, which your Petitioner
admits were not supplied till about the 6th of June -last; hut
the sole reason of this delay was the hope which Major Wood
and your Petitioner cherished; that the- Trustees would, by
permitting them to compare the statements and returns of the
East India Company with the evidence in their possession,
—enable them to present not mere list of namberi oroames, but
!statements ache circumstances under which each portion of the
booty that had been claimed by the Trustees, and. admitted by
the East India Company, was captueed,, and of ,theDivislons
or Brigades by whom it was won. • • • •
Such statements Major Wootl and your Petitioner are unable-
to make without liberty to inspect the said statements and tee
turns, because, unless they know what booty is admitted as
prize, and where it was taken, they cannot apply tile informs..
tion theypossess relative to the captors. And your Petitioner.
submits, that without such statements no scheme of distribution
can be ramed applicable to so complicated a series of operations
on the principle of adherence to actual capture in each parti-
cular case, so decidedly and strongly enforced in:hit Majesty's
Most Gracious Warrant.

That your Petitioner was wholly incapable of producing
gation had he been so disposed, inasmuch as no suit could be
commenced except by the Trustees, nor even by them without
the sanction of the Lords of his Majesty's Treasury. That your
Petitioner had no interext in producing-litigation had he pos-
sessed the power, inasmuch as it would not have been conducted
by him but by the Solicitor of the Treasury, who was employed
by the Trustees. And that your Petitioner, in point of fact,
never did directly or indirectly recommend or promote litiga- •
tion, but always represented it as an evil to be carefully avoid-
ed, and looked for the recognition of the claims of the Army,
not from law, but from such free communication with the Trus-
tees as would have elucidated their reasonable claims, and have
procured from the Honourable Directors of the East India
Company an acknowledgment of their justice.
Thatyour Petitioner, while he has had no personal interest
in the augmentation of the fittul, nor in the shares to be allotted
to particular division., has, since the decision in favour of his
clients, had a strong personal interest in preventing delay, and
in bringing the case to a close. In consequence of the situation
of the Army, he has been obliged to make large advances,
which have been expended in conducting their case to a suc-
cessful issue before the Lords of the Treasury, in preparing the
statements of their claims, and in retaining and consulting the
eminent Counsel who have advised him on the subsequent pro-
ceedings. And as, by the Warrant, expences allowed by the
Trustees are to be paid out of the general fund, it was mani- -
featly his interest to terminate the inqulry and to abstain from
any course which might be displeasing to the Trustees. He
trusts, therefore, that he shall stand completely absolved front
all base and sordid motives in the measures which he has under
high and weighty advice adopted.
Your Petitioner admits that he has felt strongly the import'
ance of re-opening the communication with the Trustees,
both with a view to the general amount of prize and the
scheme of particular distribution according to the prin-
ciples developed 'in the warrant, and that he has done
btheeensawnrcittitoenD,o. f
Isinemcean
his utmost to procure it. lint he has taken 7"' ,
step, without the advice of Counsel of the highest eminence, if
by whom his Memorial and Petition were settled, and under
which it-ever 'since has been his chief object to restore, to 0.0 -
otfra‘cv eh oil e
telveenriya•llentit etrboa
voluntary fault of his own. flo• has received from s_2l
ft
eiourrtauunteteetion4",
Thomas Hislop, in the letter already referred to, an:
on other occasions, and from many distinguished Officer;
in India and in England,- the most gratifying Knurl!
Of their entire satisfaction with the course he has taken. 0,
he feels an honest confidence that the tnereclosely his conep
is investigated, the more distinctly will it appear, that hfsr
Sacrificed much, and laboured intensely to promote then,
rests of the Army; that he has shown no wilful disreepecot • ,
the illustrious persons appointed as Trustees ; that he NO pe
over-rated the importance of communication with therm..„,,t-,
rashly or inadvertently taken measures to regain it ; rto ,
'he has been actuated throughout by a conscientious deelrL.
discharge, to the hest of his ability, the important trust c'-
miffed to his hands.
ce"
Your Petitioner, therefore, humbly prays your BO fore
able House, that he may • have leave to 1:1-ca•
your Honourable House the copies of the lettera,
ments, and other papers -referred to, in this his P6',; w-
and that your Honourable House will institute stioioo
quiries as will enable him to substantiate the allegot. to
herein contained, and to grant to him such redress ""
your wisdom may seem meet.
And your Petitioner will ever pray.

To the Honourable the COMMONS of the UNITED gil4l-01c:
DOM of GREAT BRITAINand IRELAND in pa
ment
Thellumble PETITION of the undersigned OFFICE
entitled o Sare in he Deccar 00,
SHEWETH— tTha at your Petitioners B ' bavtye seen, with eittrelliee•
regret, the various misrepresentations and misstatement*
specting the Distribution of the Deccan Booty.. pith tbs
The Petitioners WI Captors have a common interestthr
Army, in which they served, both .in the amount and nl_,..§t
early division of the Booty, and they saw with the stroatio
feelings of gratitude to his Majesty, that the grant of the ifing
to,the Captors was accompanied by the gracious act of 113!`tce.
as one of the Trustees, to ascertain and distribute it, that !Al,
trious Nobleman and consummate General the puke
of
lington, who bad elevated the character of the Indian wills
such high renown, and ever protected its interests
kindest solicitudel‘nd success. , jot,
Upon the wisdom and justice of the Trustees,
chiefly rely, for the recovery of all that can be obtained er
Booty, for its continued preservation-from needless ar.ibution
pensive litigation, and for the earliest practicable distil
of the Prise, according to. the usage of the service, aP.ilere•
conditions of' His Majesty's Grant. The Petitioner"..,;,and
fore humbly pray, that the. House will not enterta.Tii"e oc,`
propositions for disturbing the course of the pr,q_ne,ett! efre,•l
the Trustees, mid which could only ,ba attended. Can.";
of exciting distrust and dissatisfaction, instead nt "" ore '
dence and gratitude the Petitioners feel the Trustee.
Ot°'
fully entitled to.
(Signed) JOHN MALCOLM, Major
H. S. scorr, Colonel.
J. NOBLE, Lieut.-Colonel
\VAT JOLIEi ;Major. .
the Petti.t.to

CAPE OF GOOD *HOPE. bog
Mr. BROUGHAM presented a Petition from I.r. Olg
t the
Burnett, of the Cape of Good Hope, complaining so'
duct of Lord Charles Somerset, as Governor of tha
ment. The contents of the Petition were as follows 114.6
r
To the Honourable the COMM ONS of the UNITE--I) 1Y li
~,
DOM of GREAT BIZITA IN and !REL.-ND in ps
ment assembled. the'Cs
The PETITION of BISHOP BURNETT, ef in
of Good Hope; Gentleman, most respectfully ied Wen'
SHEWETII—That your Petitioner having presee;.,`
grievances to your Honourable
the Cape
/I,oor
duct of his Excellency the Governor of the Cape of 0(4
and that his Excellency's, return to this country to s t,offeolP
Petitioner's charges, at the next Session of Parlialue9„ 0,,e roof
ing to be the probable consequences of the discuoilo?fill.
your Petitioner humbly submits to your Honoursolf 010
that he should, in justice, be permitted to avail higr,6ool°
7
interval in collecting his evidence at the Cape, for au" ie.
!Mt 4‘
he accusations he has advanced. • • this
Your Petitioner, well aware that inpromutleg 14111'd
he is opposing himself to the concentrated force uf 044'
power, has no security but in the justice and sy. IDP.n„ tof
Honourable House ; and as he has no hesitation
that with the collection of his evidence, thus faelutlberf it!
not only prove the charges already adduced, but 7/0ose;1110:,
equal magnitude, he trusts that your Honourable bigll
,I,C
paramount disposition to further the first end of per,
will perceive the necessity of allowing your freti;to