The Sun.
London, England, 1823-07-16 00:00:00

PARLIAMENT.

HOUSE OF LORDS, TIIESDA.V, JULY 15.
Lord MELVILLE moved the third reading of the Scotch
Commissary Courts' Bill ; and after a few remarks from the
Earl of-ROSLYN in opposition to it, and from !Joni 31Er.-
VII. LT: in its favour, it WILS read a third time and passed.
The Ibllowing Bills were reed a third time and passed, on
the motion of the Burl of I.oyEaPoot, :—The Distillery Bill,
the Irish. Tithe Composition 15111, the Law Merchant Dill, and
the East India Trade Bill.
The New South Wales Jurilsdietion Bill went through a
Committee, Earl BAT Hu HST observing that it was intended
to take the discussion to-morrow. .

The Cork General Sessions' Bill, the Exchequer Bills' Bill,
and the Penitentiary Bill, also went through Committees.
CONSOLIDATION OF THE LAWS RELATING TO

THE SLAVE TRADE.
The Earl of ROSSLYN presented a Petition from certain
persons having estates in St. Christopher's and Grenada,
against the Bill for the Consolidation of the Laws relatingt,°
Abolition of Slavery. His Lordship obeerveli, .tliat tuo
measure were persevered in, he should feel it his duty to
move that Counsel be heard in the Committee on behalf of the
Petitioners.

Tire I.URII CHANCELLOR opposed the Bill on the
ground that it contained much new matter, and was not a mere
consolidation of the existing laws. It was only printed yester-
day afternoon, and could not be passed in the present Session
unless the House could sit for at least a month longer than was
expected.
The Earl of WESTMORLAND expressed the same opi-
nion.

Lord CALTIIORPE supported the Bill, but said that he
should not press it during the present Session, as it was resist-
ed by the Noble and Learned Lord.
The LORD CHANCIif,LOR complained that the Bill was
not what it professed in its titic; to be.
Earl BATHURST referred to the unavoidable delay of this
measure that had occurred in the other Ilouse from the pres-
sure of business.

The Earl of ROSSLYN opposed the further progress of
the Bill ; and after a few words from the Earl of DAR N' V,
- The Earl of SHArrESBURY said, that he should move,
after the Committee, that the Bill be read a third time on this
day three montiui.
Lord CALTHORPE contended that the 'louse of Lords
ought to have the
.power of originating Bills of this kind, as so
much other business came before the House of Commons.
The LORD
.CHANCELLOR declared that the Bill was
any thing rather than a Bill of Consolidation. There was one
most important enactment Kit altogether new. •
The Bill was then ordered to be read a third time this day
three months, after which the House adjourned.

LAW iNTELLIGENCE.

COURT OF CHANCERY, JULY
PERUVIAN WAN.

JENKIN JONES AND OTHERS V. THOMAS UNDER, JUN.,

AND °TITERS.

Mr. IIEALD, for the defendants, concluded his argument of
a former day for the dissolution of the Injunction. He said
that the restnction, from the delay that had taken place, had,
in fact, had all the effect of a decree against his clients, whose
contract had been forfeited in consequence of their inability
from the interposition of the Court to fulfil the engagements
into which they bad entered. These plaintiffs did not speak
the sentiments of the general body of the subscribers to the
Loan, which was in a most prosperous condition, and had only
been blasted by the injunction of his Lordship.
Mr: ROUPELL argued on the same side, and went into the
particulars contained upon the bill and answer at great length,
and with considerable ability. The plaintiffi by their bill stat-
ed, that about October, 1822„.the two defendants, John Garcia
del Rio and Gen. John Parobation, came over to this country in
the character of Envoy* Extraordinary told Minister Menie).
tentiary of a Government styling itself the Peruvian Govern-
ment, and represented themselves as authorized to contact for
as an independent state, peaceably establislitil in the undisturb-
ed possession of all the territories of the country and its re-
venue ; and that it wasexereising all
acts ofsovereignty,,and had
been or shortly would be recognized by the several European
States. Now the defendant Thomas Kinder, in his answer,
wholly denied that such representations were made to the plain-
tiffs which, in his capacity of agent, he must have been ac-
quainted with. Ili stated that he had had a communication
with the foreign Ministers on the subject of their mission, in
which they stated themselves not as Ambassadors and Minis-
ters Plempotentiary of the Peruvian Government, as en esta-
blished recognised Government to his Majesty the King of
Great Britain, but as Envoys and Ministers acting as the
authorised agents of Peru, " as fir as such Government had
-the power to authorise them to come to Great Britain,
.there to
open'a subscription for a loan of money from such Individuals
its should be disposed to subscribe for such loan, and to ad-
Vance monies for the use of the said Peruvian Ciovernnient,
or persons calling . themselves • the Peruvian Government,
upon ' certain securities and upon certain terns." They
did not represent the Peruvian Government to be in the un-
disturbed possession of the territories and revenues of Peru,
&c. as stated by the plaintiff; but they tutted that it was
in poisession of the greater part of the country, including
the city of Lima, its capital ; that it had at its disposal the
revenues arising from such part of the country, and was
in confident expectation of soon becoming Possess"' of
the whole country, The defendant further went on to.
say, that it was quite notorious at the time of contracting the
loan both in London and 'elsewhere, that the Peruvian Govern-
ment, for whose use it watt contracted, was a body of persons in
Peru, who had assumed its Govenunent, in opposition to
the authority of (lid r.•:»n, with the endeayour of eventually
erecting it into a free State, and it was also equally notorious
that the proposed loan could only be effectually secured to the
subscribers in the event of the said Government being able to
maintain and ultimately to establish the power they had as-
sumed against the dominion of Spain. Was this the unqua_
lified statement by which the plaintiffs alleged themselves to
have.beete deceived, and on the strength of which the ißjunc-
tion had been granted P 'Was there in it any circumstance i
either of fraud or misrepresentation ? lists not the de.
fendants (the -largest subscribers for the lean) as much
information as the tither subacribere who did not em,
plain y The circumstances connected with the insurrection
of this province were well known. It was a matter of state;
and as such a matter of general notoriety. The plaintiffs
were dealers in Foreign Securities, and assuch well knew that
fluctuations in money matters were a sub Considerableject of •
trade. The Scrip had continually varied accordie to the
public opinion, and they had not been backward on these oc.
casions to take the benefit of selling out, But as publi„pl.,
nion was not quite so much in their favour as formerly, these
three Gentlemen wished to be absolved from their contract, and
accordingly attuned in their bill that they had lately discovered
1 that the representations made as aforesaid respecting the said,
occupation loan were all unfounded, deluaive, and fraudulent; that there
was no such established authority as the Peru Vivi Government;
dtt;
that no such Government had been recognized by
,:
was, and A
antais'suvil
but that Peru still remained a province .arid a .dependen„y 4af
itsheinkii,negrudo:nt'boalt Sapsapinani
ist4hatarma Sy was in
V ieere
in
ccileYstion ota contl.
derable portion of tie territory ; and that the possession of
'
Lima by San Martin, who styled himself Protector, was nothing
short of a military occupation. Now, admitting all this to be
founded in fact, which he wholly denied it was, still the
plaintifilt had been, nr mighthaveinto
been,lie
:n Pcaleonetrela4lciett,l
w ahiaelhl
the facts at the time they entered
was the period at which they should have weighed these mat-
ters, and not after such a lapse of time, when they fancied
the had made a bad Iptrein. Now,, the defendant averred,
Jenltio Jones, who had become
that two of the preterit plaintiffs„Meesre, litaethope and Adm..
aaCtptlualrchittritteorOoft:Plecrruip:
eon, did become subscribers, with a 111/1 kaawledge of the
t:htheethaenriountof 10,0001. teat 00 informed,
defendant was unable to set forth. Tlw defendant denied, to
the heat-of his belief, that the plaintiffs bad dbleovered or that
such was the fact, that the representations made by the .Peru.
vian Ministers were altogether or any Park thirea unth„nded
',or fraudulent in any respect.' 'On the contrary, he firml be,
tiered, that at present there was ench,a ,Onvernittent in South
America ; that it had been reengnirt, oY..title United. tates ;
and that In his opinion the sawing W°t‘w ilv """iedgetl:bY all
or dependency of the mother.coun.:
. or soma 'the Entertain Stmts. He alto denied, that Peru
' still remained a province
try, b4t, ;sowed, that # was wholly itnieyeutlent, am nano,*
endeavouring to maintain its indendence ; and that when the
envoys came
to this
country, and :ince, there hail not been a
4 Spanish Viceroy in that country. In otw of the dispatches of

Mr. Secretary Canning: dated March 31. 1823, that Minister
had asserted, that " with respect to the Provinces in America,
which have thrown off their allegiance to the Crown -of Spain,
time and the course of events appear to have substantially de.
cided their separation from the mother country, although the
formal recognition of those provinces, as independent States,
by his Majesty, may be hastened or retordeil by various Oz.
ternalviicumatences ;" and on the 14th of April; on the dis.
ciission of the Foreign Policy. the Right Honourable Gentle..
man expressed himself to the same effect, but in stronger
terms. This was, the Learned Counsel thought, a pretty safe
substratum for the assertion of his client. After various °the;
remarks, he concluded by moving, that the injunction be forth.
with dissolved.

Mr: AvronslEY-G EMMA I. appeared on behalf of the
plaintiffs to support the injunctions. In allusion to the argu-
ments of his Learned Friends, he referred his Lordship to a
public printed document circulated by the Foreign Ministers,
purporting to be the conditions on Which' die Loan was pro-
posed to be raised. It was as follows ;—" Peruvian Loan.—
A Loan of 1,2000001. has been contracted foe tke service of the
State of Peru with their Excellencies Don John .41areia dpi
.Rio and Oeneral James Paroissietr, Envoys Extraordinari
31iniaters Plenipotentiary- -from the Peruvian tiovermdent,
who'are invested with special powers by their government
for that purpose," &c.—This was the representation on which
the plaintiffs had been induced to subscribe for the Loan,
anti than which he defied any thing to be more explicit or
unqualified.
Mr. Rournt.i.—The answer stated, and the document it-
self proved the fact, that this statement had been made after
the loan had been contracted for.

Mr. A TT(fRNEY.OE NER AL went on to argue that the allow-
ance of the legality of the transaction by the Court of Chan-
cery, was against the public policy of the country.
The Lord CHAN cELLott—lf die plaintiffs considered any
thing connected with this loan to be against public policy,
ought not they to have so stated In their bill ? whereas, on the
contrary, they set forth that such was not the fact.
The AT TO RN EY.° ENE RAL submitted, that if it war actu.
ally contrary to public policy, or if it so appeared to his Lord.
ship, although no such statement was to be found on the re.
cord, still the Court would give relief.
The Lord CHANCELLOR—Yes; if the parties amended
their bill, which he did not by any means advise them to do.
Mr. AT T oar:EY-GENERAL went on to argue, that it was the
practice of the Court to prevent thatbeing done which militated
against the public policy of the country, and he cited a variety
of cases to chew that the principles of that Court did ,not re-
gard the particular parties under such circumstances, but
would give the relief required by the country, even through
the medium of a person who was partieeps Modals. In strp.
port of this doctrine, he begged to cite the following ewes
Neville v. Wilkinson, Browne's Chancery Reports, Vol. 1. p.
645 ; Surgon v. Sargon ; Vauxhall-bridge Company v. Lord
Spencer, Maddox's Reports, Vol. 11. p. 376; Miller v.'
*Cullom ; Osborn v. Williams, 18th Vesey, junior, p.
301; and Morrison and M'Cullock. The very terms on
which the loan had been taken, had not been adhered to,
for the mint and customs were to have been mortgaged
as security to the subscribers,_ whereas no such measure had
been taken; the sai-dirartt Peruvian Govertunent had not
even approved of the loan submitted for their consideration ;
and the Ministers, as they had acknowledged in a letter to
Messrs. Everitt, were doubtful whether their powers had not
been altogether withdrawn, and therefore he submitted that the
money held in media by the bankers ought, as had been stipu,
lated from the commencement, in the event of such a result, to
be returned to the respective subscribers.
The LORD CHANCELLOIt took it for granted, that if the
Attorney-General argued this as an illegal transaction, that
his client knew it to be such, then he aped that it had not
been carried into execution. Now he wished the Learned
Gentleman to confine his argument to one of those propositines.
Mr. A T TORNEY-GENERAY. submitted that fee was en-
titled to erne the Point both ways .:. first, that it was illegal
and if not illegal, that his client had been imposed upon by
the parties not carrying their contract into execution.
The 'Joan Cetawcutt.on---The Learned Gentleman was.
certainly entitled to put himself 4n those two situations ; but
his Lordship (sitting as Judge) could only place himself hi one
of them. Did it appear to whose order the bankers wiretrto
pay the money they held?
Mr. ATTORNEW 41 V. N X ILA L.—lt was to be paid to-iiir.,
Kinder and the two Peruvian Envoys.
L The Loan CHANCELOR...Did it appear whether Mr. Kim,
der, by his own draft, could take the whole or any part of it ?
Mr. AirroittrEY4lcliEßAL—Not one farthing.
The Loan-CiraucuLtort—lt was usual in such eases to
pay the money into Court; and then an important considerts-
don arose, namely, as to whether this was not a case in which
none of the parties could come into a Court of Equity, for relief
which they could not do from the statement at the liar, without
confirming that they bad acted against law. Such being the'
ease, neither plaintiff or defendant would get one shilling; but
his Lordship would be compelled to keep the money for ever ;
this, however, he did not choose to do.
Mr. Stianwit.t., on' the same side, understood, then, that
his Lordship had decided that this was an illegal transaction.
The LOAD-CHANCELLOR said he had been much abused
and misinterpreted ; but lie believed that the fault of forming'
too hasty judgments was not one of the charges which' had been
made against him.--4.4 laugh.)--He had formed no. definitive
judgment whatever on the present case.
Mr. Suanwzi.t. was' very glad to hear that ebseriationf
because he had been principally concerned in drawing the bill,
which did not charge illegality. Ile procecded to argue thaton
the ground of the letter revoking the powers of the Envoys this
injunction ought not to be removed. The translation of that
document was as follows I—" By order of the Suprente .Punta,
for your information, No. 44, of the °Aid Gazette converts
a decree of the Sovereign Congress, wherein the powers. ebn-
tided by the Provisional Government to the diplomatic-Agents '
to the Courts of Europe and the States of America are declared
void—aigned Francisco Valdevieso, addressed to Don Juan
Garcia del Rio and Don Diego Paroissierti" The injunction,
he contended, ought at the least to be . continued until tine
whey of the case was beard,

Mr. P r.m ut ItTosr was also retained by the plaintiffs. It was
difficult, he thought, to imagine a case of more importance, and
therefore, notwithstanding the time which had, been already.
taken up, he felt it his duty to subinit a observations.
The I Ard CuAwcELY.oa begged he would not let,any'sueh
consideration influence hieconduct. It was motorway import-
ant that it should be fully with:wood throughout the country
whet people can do with the-assistance of the law, and what
they may nottlo without it,. and also that it should be well un-
derstood that monied men cannot have, the law exaegy what
they would wish it to be. '
Air. PE m URTOX concluded-by stating, that be believed
the whole authority of the Peruvian Government to be gone
with its protector, San Martin, who was new a prisoner of the
King of pain.'
Mr., WETHERELL was about to reply, win
The Lord ettawest.t.ou advised him flist to peruse the
amended hill, for which purpose he would adjourn the further
discussion until Saturday.