The Sun.
London, England, 1825-07-04 00:00:00

DAILY

Extracts fronz the Morning Papers, July 4, 1525.
[THE TIMES.]
THE DECCAN BOOTY.—The heat and violence
which were exhibited on Friday last in a certain
assembly, by a military gentleman undertaking
the defence. of a distinguished and victorious
Duke, completely failed of the purpose intended
by them, if that purpose was to crush the spirit
of observation of his Giace's public conduct. Dr.
Lushington, above all men, was 'an ill. Chosen
subject against -whom to direct such
,Weapons ;
nor, had the attempt succeeded so far as to in-
duce that Learned Gentleman to retract his. grin
cipal allegations against the trustees of the Dec.:
can prize Money, would the people out of doors
have been the more persuaded to give up the
right of judging for themselves. -The most
important charges against the trustees were of a
graver character than mere incivility of ex-
pression—they were the chargeslst, of hav-
ing unduly procrastinated the distribution of
the prize-money among the captors. To this it
has been replied in plain terms, that Sir T. His-
lop did not hand in the lists for distribution until
the sth ult.; whence it is undoubtedly apparent
that no previous distribution could have been
made ; and that if such be the whole of the case,.
the trustees ought to be exonerated. 2d, The
second objections to' the course' taken by the
,trustees is, that proper means were not employed
by them to search out and ascertain the full value
of the prize to be distributed whenever the fit
period for distribution should be settled. Upon
this point we are bound to admit, that the -arssu
ment in justification of the trustees have not yet
been laid before the public, and that from some
hints which were suggested in the House of Corti
mons, we are not disposed to pass--our judgment
on an expartc case. is' possible that the
claims- of the troops may in certain particulars
have been excessive, and their expectations as to
the quantum of prize . more sanguine than could
or ought to be • realized. If palaces and public
buildings, the treasure deposited by the conquered
Princes at a distance from the:scenes of warfare,
or beyond the precincts of their own territories,
have been estimated by the army among its legi-
timate spoils, it is probable that such claims would
have to undergo a considerable modificatiou and
reduction ; but the question is, whether the
Trustees have rejected any evidence in favour of
the army which equity called upon them to re-
ceive ? or refused to hear the representations of
men familiar with the law of nations, though en-
gaged only in the character of counsel by the
claimants, upon points which ought to be de-
termined by that law ? or precluded the captors
from bringing them acquainted with such facts
respecting the nature, the amount, and successive
transfers of booty, as might materially assist the
trustees both in calculating and recovering it for
distribution ? All that we recollect to have seen
stated on the above matters is, that the trustees
declared themselves ready to receive information,
although they would communicate none; that
they did not want the advice of lawyers, the At-
torney and Solicitor General being bound to ad-
vise them gratis on every dubious point ; and
finally, that by the exertions of the Duke of
Wellington,-many claims: had. been. actually sub-
stantiated for the army, and many adverse pre-
tensions set aside, which, without his Grace's per-
severing activity, must have been ruled against
the captors. The reason alleged for cutting off'
all intercourse with " the lawyers" employed by
the Madras army—viz. that they were too fond of
litigation—was treated by Mr. Brougham with
becoming ridicule, and, in truth, considering
who these lawyers were, cannot lie thought about
but as a piece of camp merriment on the part of
the gallant trustees ; at the same time, putting
out of sight the little jobbing venture of Mr.
Arbuthnot, with regard to the young prize agent
so much talked of, it would be difficult to sup-
pose that the Duke of Wellington had any other
than friendly sentiments towards the Madras
army, the nurse of his earliest and still unfailing
laurels, in the acceptance of this troublesome and
somewhat invidious trust. We cannot conclude
without noticing 'another curious incident in the
proceedings on Friday :—lt seems that Sir John
Malcolm, who held the rank of Brigadier-Gen.,
and commanded a division in the army of- the
Deccan, is particularly satisfied with the present
condition of its affairs, and.tremhliagly anxious
lest the agreeable mystery which. surrounds them
should be disturbed. In an ordinary case we
.might easily account for some eagerness on the
part of a military man to vindicate and to eulo-
gize the Duke of Wellington, who is no less rich
in fame than in patronage : but that an officer of
an army whose claims to justice have been so long
unanswered, should profess his admiration of a
system which excludes the recognized, able., and
zealouS agents from all communication with trus-
tees who know -and can know but little of their
collective and individual rights, is matter of sur-
prise. The bugbear which • appears to have
scared this gallant person into a momentary for-
getfulness of the merits of the case, as felt by his
suffering comrades, is the vulgar notion, that if do-
cuments are submitted to the eye of a lawyer a suit
must inevitably:follow. We have already stated
how groundless and ridiculous is such an apprehen-
sion. Is not Sir John Malcolm aware that no
proceeding can be instituted without the appro-
bation of the trustees, in whom he places an un-
bounded confidence—nay, that by the very
terms of his Majesty's warrant, the trustees
themselves cannot authorise such proceeding
without the sanction of the Lords of the Trea-
sury ? And .who is to profit by improper litiga-
tion, even if Nis double check would not suffice
to prevent it ? The Counsel ? It is, we repeat,
impossible to suppress a smile when we find Sir
John Malcolm joining the trustees in insinuat-
ing, that such men as Mr. Brougham, Dr.. Lush-
ington, Mr. Heald, Dr. Jenner, Mr. Adam, Mr.
Harrison, and Mr. Gaselee (now a Judge), who
have all deliberately advised the agents that
they have a right to . the communication they
sought, and that they were bound to persevere
in their efforts to obtain it, would be disposed to
recommend a law-suit for the chance of briefs,

which, after all, would be but slig•ht, since the
trustees employ their own solicitor, and retain
the Crown lawyers ! Or would the law-agent
pocket something by the apprehended suit, which
he would riot Conduct, and over which he would
have no controul? His interest, we should ima-
gine, would rather be to procure any distribution
of the fund realized, :however inadequate and
unjust, by which his costs would paid at
once, and his enormous responsibility removed.
If it be true, as insinuated, that extravagant
charges have been advanced, there was the
mere reason why the trustees shouldi com-
municate with the agents, in order to modify
the demands, and to temper the expectatiOns of
the army. Bat they complain of-delay in the
preparation of lists, from which their• scheme of
distribution is to be drawn, forgetting•that'those
lists were delayed in the hope that by previous
communication they might be rendered effectual
to the purpose 'for which they were- required.—
This booty is to be distributed according to the
principle of actual capture ; each portion is to
belong. to the division. or brigade by, whom
it was won, - and the trustees ''call :-for lists
of the parties entitled, and refuse to tell
those whom they ask for them, the- places
where the booty they have recovered from the
East India Company Was takenor-.to.Oiie them
-the opportunity of- explaining the circumstances
of each particular captive ! Does Sir-John Mal-
colm think Ora( a scheme of distribution can be
best prepared by -guess—that the claims of his
soldiers can be most effectually asserted in the
dark ? or does he rely on the intuitive wisdom of
young Mr. Arbuthnot to supply the place of all
the information and all the aisistance of those
who witnessed and shared in the victories of the
army, and have devoted years to their cause?

NEW Times.]
Some virulent attacks having been made, in the
Opposition Prints and elsewhere, on the Duke of
-Wellington, in the relation to the Deccan booty,
it becomes proper to state the real-circumstances
of that. transaction, so far as his Grace is con-
cerned. The Pindarrees, a horde of freebooters,
under the protection of the Mahratta Chiefs,
Holkar and Scindia, had made irruptions into our
territories. To these they were no doubt incited
by Holkar and Scindia, who, as well as other
Maltratta Chiefs, had secretly formed a conspiracy
to expel the English froM India. A grand military
plan was therefore formed,by the Marquis of Hast-
ings in 1817 for the purpose not only of annihilating
the Pindarrees, hut of putting down all hostile
confederacy throughout India. This plan consisted
of two parts. The Marquis of Hastings, with the
Bengal army, advanced to the Sind, which river
he reached on the 6th of November, 1817, while
army of the Deccan (or South) commanded by
Sir T. Ilislop, advanced to the Nerbudda, which
river was crossed on the 14th of the same month-
by Sir J. Malcolm, second in command. Scindia
was easily compelled to sign a treaty, renounc-
ing the Pindarrees, and these freebooters,
alarmed and indignant at this conduct, fled
to Holkar, who being also unable to pro-
tect ',them, they either dispersed or threw
themselves on the mercy of their conque-
rors. Thus, the first object of the war was
completed without producing any particular re-.
suit in the way of booty. But it was not so
with the second object. Scindia had at- once
subscribed to the terms required of him.—
, Similar terms were offered to him but refus-
e ed, and the battle of Maheidpuor was the
consequence, which forced him to make se
treaty placing him . in a state of dependence.
on the British power. Some inferior Chiefs,
however, still continued in arms, while others
voluntarily placed themselves under the Bri-
tish protection. The Peishwa of the Malt-
rattas, who had been for years carrying on
secret negotiations against us, was induced, in
the month of .11111e5 1817, to sign a treaty ',re-
nouncing communication with the. other native
Powers. This treaty he had no sooner signed
than lie resolved to violate it. On the sth of
November, 1817, he broke out into open hosti- .
Mies. The Rajah of Nagpore pursued a si-
milar conduct, and in
.the beginning. of De,
cembee of that year it was fouta, necessary to
proceed to extremities.,against .hirn. The..ope-
rations against these' two Sovereigns, as .well
as those against Holkar, produced the cap-
ture of much valuable property, which 'forms
the booty in question. Although • this .pro-
perty was in point of fact taken in the,
,year
1818, or 1819 at the latest, -yetit'coold not sooty
be colleCted into ottelniass., or. brought to a .com-
mon account. False .notions are entertained of
what was booty, ' SOMe.. perStips thought that
public buildings were ...be valued, and that,
debts owing loilg before, by' the• native Princes
were to be exacted, Toroth!. benefit of the captors.
Time was required to get over.these difficulties ;
and then arose a .great rinestien'whether the pro-
perty which might fairly be deeti-id booty was to
be divided among all the British forces in the field,
or only among the army of the Deccan. This point
was solemnly argued in 1801- and was at.length
decided in favour of the 'lattertirmy: 'Thus far
the Duke of Wellington had nothing to do with
the case but when it was decided that . the
army of the Deccan should 'all:Me. 'share the
booty, it came next to 'be:..considered that
among the individnalS 'of: :that arthy ' there
might be a great variety of conflicli»g: claims,
and that some. Trustees 'Ought to :; be ap-
pointed, with posier tO-sl'itereititte' all ques-
tions of this nature which- ;;Might; arise.—
On the part of the -Deems. 'Sir Tho-
mas Hislop and Sir John Malcolm Applied
to the Duke of Wellington to:,.take on :himself
that gratuitous and laborious charge. llis Grace
declared that his personal wish was to avoid the
burthen, but that he would sacrifice every consi-
• deration of that kind to be,of use toan army to
. whose bravery he . was so .much is lebted.
• Accordingly, in• 1823 the Duke and Mr. Ar-
. buthnot undertook this office. Many qiestions
still arose. The object of the Trustees was to
put an end to them as speedily as possible; and in
• point of fact they were drawing. to an end, whea
the complaint of delay was brought, fonsißd
Parliament. Not a day nor an hour had the
Trustees loitered : and we can state it,as aj)osir

tine fact, that his Grace, mitt' his own hand, had
zeril(en above 1,100 folio pages on the various
claims. This statement, we trust, plain and
simple as it is, will suffice.to show that the charge
of dela,ying the distribution of the property can
initko degree attach to the Duke of •Wellingtop,
whose voluntary services have on the contrary
beau AMU beneficial to the Army of the Deccan.

[MORNING itEn up..l
._The Duke of Wellington, notwithstanding
his high military reputation, is now likely, it
would seem, to arrive at the honour of corn-

manfling the lawyers' corps, or (as the late Lord
Et4kine used to call them) "The Devil's Own."
—From the late debates ore,the " Deccan prize
money," it would seem that his Grace, having
spoken somewhat slightingly of the lawyers, the
whole pack .have‘sprangiopeu-mouthed upon him,
and, proposelo -furnish. a fresh instance, no doubt,
of. the. (Wang, arrna-logce. Without entering into
theomerits of a question, which, with Mr. Can-
ning himself, we are not ashamed to acknow-
ledge we do,.not understand, we think it more
than ,-probable that the public in general will not
think,-the worse of the Duke of Wellington
for endeavouring, to keep the affair in question
out- of •the hungry all-consuming grasp of the
learned profession we allude to. Mr. Brougham
ow ;this occasion appears to have Mounted his
charger, and to have ridden the high horse full
tilt against the gallant Duke and all other de-
famers of " The Devil's Own." The Learned

Gentleman seems quite scandalized at the bare
idea of a lawyer ever being privy to a mean or
dishonourable action, and would have us believe
either that every thing which is said to their dis-.
paragement is entirely fabulous, or else attri-
butable only to their vile and wicked clients.

Among other things, the Honourable Gentleman
is represented to have said, that 44 he would put
it to any of his Hon. Friends,. whether they ever
knew a man,even of the most humble station at the
'Bar, give an opinion falsely, and-against the inte-
.
'rests of his client and the truth of the case, for the
purposes of multiplying law proceedings, and in-
creasing his own emoluments." The proposition
is. put somewhat! ambiguously; but without in-
quiring what answer hisi" Honourable Friends"
would give,. we have no hesitation in joining
issue with Mr., BroUgharn, and telling him we
believe that what he doubts the existence of
occurs *every day. What, we would ask Mr.
Brougham, the sham pleas, and the many other
irnpeclim-ents which chicanery throws in the way
of truth and justice,-but so Many answers to his
challenge ? Does not Mr. Brougham know that
these-must all, or at least the greater part of them,
be signed -by Counsel, to make them of any avail
And. domot Learned Gentlemen, when they ad-
vise or sign them, know that they are-unneces-
sarily " multiplying law proceedings and in-
creasing their own emoluments:" Where do
those delays in Chancery originate, which are
so .artfully, but untruly, attributed to the Lord
Chancellor, but in the very persons Who
profit by the practice? Did Mr. Brougham,
cr. arty of his Honourable Friends, never
hear. of such a thing as a man's instituting pro-
ceed ings.to get possession of an estate wrongfully
withheld from him, and the Counsel of his oppo-
nent being instructed to throw every possible
impediment in the way of his- obtaining -it, and
those Learned Persons lending themselves,
con amore, to the unhallowed purpose ? If
Mr. -Brougham. really never heard of such
things, we. can tell him that we have ; and if
he has yet to learn what is one of the most
crying evils limier which the people of this coun-
try labour, we should not hesitate to tellitim,
that. it consists in the organized system of abuse
which-has taken possession of, what ought to be,
the honourable and useful profession of the law.

[TINE PUBLIC LEDGER./
A LiShall m ail arrived yesterday, bringin
Garettes to the 18th iffehlSiW. They contaio,
however, no intelligence of the slightest interest,
with the exception-Of a 'notice frOm the Board Af
Trade,of the,eepture of a Portuguese brig, bound
for Peru,- by a:Spainsb 'cruiser frorryAlgesiraS:
The,only- !Tim ten t ca use for "this daring- out rage,
which took-prace alitiostqin-derthe guns of Gib-
raltgrs was that the brig carried the Brazilian
Bag, which however, is Castomary'for all Portu-
guese' vessels proceeding' to any 'port in the
..Brazils. As- the Board of Trade abstain's, we
think prudently, from- making any comnients-
'upon this violent Proceeding, we have no means
-of_ttsCertaining the
.feelings it has excited in the
Portuguese Government It is probable, in the
-meantime, that the latter will be-satisfied with
reclaiming the vessel and property, as it would
hi almost beneath the dignity of that or any
44)ther GOveinment to deMand formal saris-
- action or a'PoWer,:.that has not, left itself suffi-
cientsontrOul over its subjects, to be able to re-
pr)ess their dispOsition to brave the law. Spain
is also in such asitate of anarchy, in consequence
'of the interference of•the French in her concerns,
that'the Monarch would be entitled to pity ra-
,ther than blame, if he had:not brought upon him-
`lielf the helpless and., degraded state in which he
has teen ever since Placed. ;But is impossible
to. commiserate. the
,sufferi:n4s.ofi'Vrince," who
from a senscless love of, tyranny, has provoked
them himself ; and it is extremely doubtful whe-
ther Ahe.authority, he possesses now exceeds tliat
which he enjoyed under the. Constitutional Sys-
tem. if be was controuled then by faCtion,
its well. JinowiLthat fully as dependent
this moment upon another faction, with tins .
fl
ferenee oniyvtitat the Otter compelhim to do as
crying they please, the time 4, Long live
. •
the abscilate,King.7.. • ,

EMORNI NG POST.]
We•reeehred. last night,,.l4 Express? French
Pap'er's to the Rnd instaut,:with the Etoile of Sa-
turday ;•.eittracts from the Milan Gazelle, contra-
dict in the most positive terms the reports 11rcu7
lated-iW-Franice and: Germany that a Congr of
ess
4seici tioldenin that city:,
.t;ven.ithe.itlesa
ConfereriCes" is turned: aidicule,..nd we
gravely insured, ". that the, wisdom:.
of ,the
Monarchs will always give the lie to Whatever
parties invent, imagine, or hope." The Etoile
publishes a letter from Trieste, of the 19th ult.