The Sun.
London, England, 1823-12-22 00:00:00

tine! of the items with his private eecount ; ti :it they did so ;
and that a baance of S;3CW. IN. 7d. now remaieed on that ac=
count in his favour. It also appeared, that etibeetpteettly another
account was
.onened, 'waded " Ste Peru_.. agent Monies
Kinder, jun. Esq.," hi Which the first item to, the credit of the
account was 120,000/.,'lnd On which checks had been t': by
the plaintiffand honoured. By the teetiniony. of Mr. Paroissien
it was shown that that the sci,enteforrendering.the funds avail_
able to' the Peruvian Govern:nee t wee approved by the defend-
ants; that Mr. Proctor was sent m South Anierit'a with their
concurrence, and that he there drew bills on Mr.. Kinti,:r. Mr.
Holland, a partner in the house of Baring and co. proved that
the firm held hills so drawn to the iiiiountOtloB,793:. 4s. Id.;
Mr. Brotherton proved that his house held' bills of the same
description to the value of 54,76ti1, Is. 14id., el which:3o,Bool.
was at their risk ; and-Mr. Brown proved that his house held
similar bills tier 15;800 (tellers. Mr. Robertson, the present
commercial
.agent for the patriots of Peru, proved tlint these
hills were endorsed by perms acting in -the tninietry of finance,
from time to time, in I. and eatiaii;el the .1 ry, though
some doubt was euggested by the Lord Chief-Justiee, as to the
effect of the evidence, that these endorsements purported that
the Government of Peru bud received-the monsl, and assented
to
the the circulat
hione of the bills. In explanation of a change in
name of t °Meer, Mr. Robertson observed, there hail
been a change in the ministry.
The Lonn CiftEr..ltlsrice said, with a smile, "That, I
believe, A
sometimes happens even in old Governments."
S The, OLICIPOW-GENERL.—Yes ; here it is matter of
history.—(A laugh.)
It was now shown, that DI esers.l'aroitsien and Garcia*, the
agents' who regociated the loan ('thou, the Court would not al-
low to be called envoys, as they had not been acknowledged as
Kith by the British (hovernment), had authorized the npplice_
don of the foods in the hands of the, defendents to the a
ment of the bills drawn by Mr. Proctor. p y
Mr. Smith, a clerk of theplaintitf, then proved thtpretent-
ment of the check for eelbl3l. 18s. 741., and of the check for
70,000/., on the Bth of November last, to ;Messrs. Walker and
and that they refused, eiving as a reason that they had
been advised hy the Attorney end Seheitor-tieneral, not to part
with the 'money in the present state of affairs.
Mr. Paroissien, the agent or envoy, an Englishman by birth,
but a Frenchman. by, extraction, who was present during .the
greater part of the struggle beta...the Pteriota and the
Spaniards, described the ()p.m :ions of the war, that it was
conducted on the principles of civilized warfare; that captives
were treated its prisonets of war; that prisoners were exchanged
rank by rank ; and that though outrages were sometimes cam_
mitted on both sides, they did not form pert of a systetn.
.06 cross-examination, this gentleman stated that he and Gerdes derived their authprity to pledge the national property of
Peru front General San Martin, then in tilt, military cononand
of the larger part of Peru, and in the occupation of Lima the
capital. Their authority was revoked on the 2tld of
.Novein-
ber, 1822, thottgh they did not r,Teive official notice of the re-
vocation till a considerably later period, when they
cated the fact to the defendants.
The Lott) CHIEF JUSTICE obaerveti, that the credentials
of these gentlemen appointed them envoys, ambassadors, and
plenipotentiaries to all the world !
Mr. SCARLETT (to the witness).—
this world, do they ?"—(A Inugh.)
On the examitiatien of Mr. Robertson and Mr. Paroissien,
the changes in the state ofPeru, which are well known, were
elicited in proof; the abdication of Gencrel San Martin, once
tho", Protector of Peru t" the iciatife of Limaby the Royal-
ists; the factions and diviaionse that CllNUtiti; and the present
divided state of the country, where, independent of the Royalist
forces, the ocapation of the territory it divided between two
Powers. Mr. Robertson, however, proied a retilication of the
loan. by the Supreme Authorities at Limn in Just;: in the ,pre.:
sent year, and that he was sent over as agent of the Goverlitnek
to settle all matters connected with it. He had himself had
several conversations with the bankers, but had matte no Inv-
cific demand of money. A letter was rend front Messrs. PArt)ui.
sten and ()arch's, announcing the retideuthen, and requesting 14,
renewal of the intercourse; to which there was an answer, de. siring an explanation of an expression in a former letter, before
amicable intercourse could be renewed.
Mr. Scott, a clerk in the Foreign-office, proved the appoint-
ment of Mr. Thomas. Rowcroft by the 13ritieli Government, on
the lOth of November in the present yea., to be Consul-General
of Peru.
The SOLTC/Talt-GENERAL (With whom, were .I.lr. Scarlett,
Mr. Gurney, Mr. Tindal, and Mr. Pennington) addressed the jury for the defender-IU. His clients were hankers of the highest
respectability, who had no interest whatever in the result of this
action beyond the costs—who held this money as stake-holdera
for whoever should'prove their claim to it ; and who, so flu front
wieseno to bole it, had been insinuated, for their own ad vantage,
hall °tiered to allow interest for it at the rate in which interest
was paid on ExChequer bills. As allusion had been made to
the proceedings in Chancery, he would repel. the insinuation cast
reepecting them, by calling Mr. slopes who instituted them,
and who would prove, that so far from having }Timmer' diem
by desire of the defendants, lie had acted against their ad.
eice, and had od'endcil them by the course which he had adopted.
Mr..lonea, one of the serip-holders, feeling alarm at the floc.
outdone in Peru, observing that the party who had taken on
themselves to pledge ail the mines anti other resources of that
country, fbr the liquidation of this debt, were driven froni
power—perceiving that the country was Ineitated and dis-
tracted, and that the issue of its etruggles was doubtful,
naturally felt alarmed,, and filed a bill on behalf of self and others, to prevent Messrs, Everett and Welker from
parting with the money in their hands, An injunction
.was
obtained, which wee in force for five. months, and which was
dissolved, not on the merits,. but' el a mere point of form,
because it was diacovered that the suit was not brought by
the proper parties. Since that time another bill had been dled
by Mr. Boustield, to which there was it demurrer, for want
of equity, and which hed not yet beenelecided. In this state
of things, then, were essrs. I.verett.end Walker to blame
if they witithe M
d their Winds,, and asked the authority of a court ()flew before they
,paid any furthtr? If, es there watt
some reason to believe, the lean had been reeled by freudttlent
representations—if the partite who professed to pledge the
mines and resources of Peru had ,no power. to pledge them
then this money was the troperty of the subscribers who had
paid it, and the bankere were bound to bold it as trustees for
.thefr benefit.. There was one course by which they might have
relieved thetnielves from all retiponeibility---by filing ti bill Of
interpkoder, and paying the whole money into the ('curt of
Chancery ; but; in mercy to all parties, they abstained fwitre doing this, because the Learned Lord who presided in that
Court had intimated, that if thtmoney was once paid in, it
might be long before it would be paid out-0 latigh)—wijich
that learned person explained as meaning, that if paid into Court
raised as it was to support insurgent troops against a cottony
with which England was at peace, it would beconie the pro.
perty of the Crown, But It was not merely in justice to the
subscribers that Messrs. Everett and Walker declined paying
thiemoney to the order of. Mr. Kinder, but to -the Government
of Peru itself'; for the Jury would be surprited to find, that
by a letter, dated'December 21, 1822, Messrs. Paroissien arid
Garcia elistinctly ordered theta) to pay no money to Mr. Kin.
der's order ; and that:by n letter of the same day they notified
this prohibition to the plaintiff: sir. Kinder was the mere
agent of the Peruvian Governmente—thet agency wits with.
drawn; nay, the powers of' those with whom he contracted were
revoked; and surely, then, the bankers did right in refitsirig.
to pay to himthe fund over whielehe had no longer a comma:
In this transaction, the defendants had maintained that high
character they had always preserved; they had no perste-lel
ti tercets to serve; and they were quite ready tip pay over the
whole SUM to any one who could sfiow a clear title to receive if.'
Mr. Amory, the' sobscribing witness tofthe contract for the
loan, proved its execution, and the doeurnent was read. A,lei.,
ter, dated the 21st of ,December, 1822 from 'Mr. Paroittaien to
the plaintiff, was put in, expressing the surprise of the envoys,
that.he had drawn out 4,0001., notwithstimdirig they lied then,
red he would desist, and informing him that they lead written to
Messrs. Everett and Co., directing them riot to pay his draughts
on the fund, without their express sanitien. A hater of the
same date to the defendants, in yursnance of this connounica.
tien, wits read, prohibiting the issue of' money to Mr. Kinder's
order
Mr. Jerkin Jones, who filed the that bill in Chancery, Stated
that he took that step against the wishes of the defendants, And
that it produeed a coolness between' there.
in Mr. Bnorcoaam, in reply to the evidence of the lett:ars, put
A note of Mr. Ellis; one of the defendanta, to Mr. Paroistuen,
recommending' aim the letter, prohibiting the issue of cash opt
Mre Kinder's ortlrr, should be written to them, which might
justify' the refusal.
The'tiotateretensOtiernA,L;On this evidence, observed, that
it *ail quite Obtlql!ti 0:118 recomMeotlation teas only given. as It;
the-mtielt of ifict:t4 what the envoys thougt necessary, end
that it clearleproved that Mr. Kinder was coesidered by all.

'rbey,do not go beyond