The Sun.
London, England, 1844-05-30 00:00:00

THE SUN, LONDON, THURSDAY EVENING, MAY 30, 1844,

CASE OF J. 11. B. CHICHESTER.
Mr. JERVIS said he rose to bring forward the mo-
tion of which he had given notice, " That this House
will, on Tuesday next, resolve itself into a Committee to
consider of the following address to her Majesty, that is
to say, that an humble address be presented to her Ma-
jesty praying that her Majesty will be graciously pleased
to take into consideration the claim made by John

opton Russell Chichester, Esq., of Lincoln's Inn,
as sole executor of Robert William Powell,

an uncompensated American loyalist, deceased, and that
her Majesty will be graciously pleased to advance to
such claimant the amount of the balance due to the
estate of the said Robert William Powell, for losses in-

curred in consequence of his adherence to his allegiance,
as ascertained by the Commissioners appointed for
that purpose, and to assure her Majesty that
the House will make good the same." He had
hoped that it would not be necessary for him to
make any lengthened observations to the House, but as
he understood that those who were interested in matters
of this kind thought that a sufficient case had not been
made out to warrant an acquiescence in the motion, he
would proceed to satisfy the House that the gentleman for
whom he appeared had a good case. It involved no political
question. Mr. Powell, the grandfather of the gentle-
man whose case he advocated, was a man of considerable
property and influence before the breaking out of the
American war, and he had embarked forty thousand
pounds in mercantile speculations. At that time
it was of importance to secure the good feeling
of those who were inclined to British connexion.
In several of the speeches from the throne compensa-
tion was promised to those who might sustain injury in
consequence of their allegiance to the Crown. Mr.
Powell was one of those who remained faithful ; he

raised a regiment of militia, and as colonel of it, mu-

dered the—greatest services to the Crown. Of the

whole claini that he had to compensation he only
was enabled to establish a claim to 19,0001. ; in
1823, he out of that amount, received 10,175 L

A large portion of the money belonging to the royalists
had been expended in royal excursions to Hanover, to
Dublin, and to Edinburgh, leaving only a balance of
61,0001. for the despoiled royalists. The principle was
recognised by several votes of the House of Commons in
1766, and in the following year, that the colonists who
suffered by their allegiance should be indemnified.
In 1775 Lord Cornwallis issued a proclamation assur-
ing the loyalists that they should be indemnified.
In the House of Lords the Earl of Carlisle had pro-

tested against the abandonment of those deserving men
to their enemies ; and the Government of that day had
admitted that it would be base in the extreme to aban-
don the American Loyalists. At the expense of one
year's campaign, these Loyalists could bare been
restored to happiness and prosperity ; and yet-they
had been abandoned. Surely those who had sacrificed
their property in the service of their country were en-
titled to compensation. The article in the treaty re-
specting the American Loyalists had been designated
by Lord MulgraVe as a national disgrace. The blouse
should blush for shame if it did not make good
the solemn engagements entered into with these men.
Let them recollect that this was a matter which might
again occur. It might again become of importance to
retain men thus situated in their allegiance. Could they
trust again to solemn engagements to hold them harm-
less ? No ; for in this instance .they had not only the
promise of the Crown, but an Act of Parliament, and
the solemn engagement of the House to make good
to the uttermost farthing every loss they had sustained.
If they were prepared to violate the solemn engagements
they had entered into, and, in the teeth of them, refuse
those claims, they might depend upon it that, whenever
they made promises in future, they would be judged of
by their former actions, and the integrity of this country
would be questioned in every part of the world.
Mr. T. DUNCOMBE seconded the motion.

The SPEAKER having put the question,
Sir GEORGE CLERK rose to oppose the motion.
In doing so he was not at all disposed to underrate the
merits of the American loyalists during the American
war ; but it must be remembered, that those claims
arose some 60 or 70 years ago. He was surprised that
the Hon. and Learned Gentleman should have selected one
particular case to bring before the House. On the treaty
of peace, ample and full compensation had been given,
and it was stipulated that no impediment should be
thrown in the way of any just claims. Certain Coin-
missioners had been appointed by Lord Grenville to ad-
judicate upon the claims. Two of the Commissioners were
Americans and two were English, and they had power, in
case of difference, to choose a fifth Commissioner. When
however, cases were nearly ripe for decision, it was in-
variably found that the two American Commissioners
receded, and the result was, that it became impossible to
come to any decision. In 1802, Lord Liverpool put it
to the claimants whether they would have a renewed
commission or accept a fixed sum in satisfaction of the
whole of their claims. After some consideration, the
whole of the claimants acceded to the latter alternative.
They agreed to accept a specified sum which was to be paid
by America in full of all demands-600,0004 was ac-
cepted by this Government, and paid by the American
Government in full satisfaction of those claims. The
claimants felt dissatisfied with this sum, as being inade-
quate to liquidate their just demands. • A • commission
was however appointed in the year 1804,
to adjudicate on the claims, and to divide the 600,0001.
It was very remarkable that in the only stipulation
which was made by the parties in answer to the propo-
sition of Lord Liverpool, in 1802, 50 per cent. was re-
quired on the amount of the claims. In 1811 the
Commission made its award and distributed the money. In
1812 some American claimants presented a petition to
that House, praying for further compensation. A Se-
lect Committee was appointed in that year, who went
into a minute investigation of all the matters to
which the Honourable and Learned Member re-
ferred. A resolution was proposed in that House
declaring that these American claimants had made out a
case for compensation, but that motion was negatived
on the ground that the parties had: elected to take the
alternative of making the best terms they could with the
American Government. Now, a year or two afterwards,
a certain class of claimants, of whom Mr. Powell
was one, put in a claim for further compensation,
statincr6 that although the sum of 600,0001. had been
equally divided, yet there were a number of native
Americans who had not been engaged in commercial
speculations, and whose circumstances entitled them to
make a peculiar claim. That petition was broUght un-
der the consideration of the House by Lord Devon, who
who proposed a motion somewhat similar •to that of the
Hon. Gentleman. On the division there were seventy-
seven for the motion, and seventy against it. Very
soon after the Chancellor of the Exchequer offered the
claimaints one moiety of the balance then due to them.
The offer was accepted, and it was considered
to be a full satisfaction of all demands. The
amount of the claims of these fifty-five persons
was 227,000/ Having received by the award of
the Conimissioners, in 1811, 105,0001., a balance was
still due to them of 122,0241, and they received exactly
half of that sum. Now, he asked the House whether,
after this subject had been fully discussed in 1821
and 1825, and a settlement had been made, they
would permit the question to be again re-opened ?
By agreeing to this they would open all the other claims,
and revive a question which had been settled 25 years
ago. The parties had accepted one moiety of their claim
in full satisfaction of their demands ; and he thought
that there could be nothinc, more unwise than re-open-
ing a question that had been satisfactorily settled. He
must oppose the motion.
Mr. VILLIERS did not know that the claims had
ever been satisfactorily settled. The Hon. Baronet said
that nothing could be more unwise than re-opening this
question ; but he could not see that it would be unjust.
The claimant was not a distant connection of Mr.
Powell ; he was his grandson, and the representative of
the last of the claimants. So that the objection that
allowing his claim would open that of the others, did
not hold. The settlement of 1802 was opened again in
1821. Colonel Powell did renew his claim every year;
and the Exchequer did not say that bis claim was unjust,
but that there were no means of satisfying it.
Sir G. CLERK said that from 1815 to 1821 the in-
terviews of Colonel Powell with the Chancellor of the
Exchequer were much more frequent than once a
year.
Mr. HUME said that none of the parties had ever
considered their claims as satisfied. He was one who ad-
vised them to take what the Government offered. If the
relative of Colonel Powell was declared entitled to this
elaim the relatives of all the others would have a
claim also. Ho was much averse to refusing
justice to any individual, and he thought the
Government had in many cases acted very badly—as in
refusing the Danish claims, and the compensation to the
British merchants in China. But he should advise his
Hon. Friend not to press his motion to a division, as the
House was in a state of ignorance on the subject. •
Mr. JERVIS replied.
The gallery was cleared for a division, but none took
place. The motion was then negatived without a di-
vision.

took the opportunity of stating what he had heard,
and further, said that these remarks were very unplea-
sant to his and my feelings, and that if there were
anything wrong about the horse he should not remain at
my stables. They both protested to him that he was the
right age ; that they bred him and had the certificate of his
age, and that he need not annoy himself on that head. The
horse afterwards ran twice at Goodwood, but owing to his
having been amiss, and in consequence not fully prepared, he
lost both races. lie went on better some time afterwards,
when I tried him, and found him to be an extraordinary
good horse, but owing to his being an uncertain horse, and
having been several times lame, I strongly advised the
Messrs. Lichtwald not to back him for the Derby, but to let
him get through the winter. He was- then intended to run
for the Criterion Stakes at Newmarket, but ran away with
the boy and fell lame in the hock the very day before he was
to have started ; the post-horses, which had already arrived,
to convey him in the van, • were consequently sent back, and
my son wrote to me at Newmarket, and went up to town
himself to see the Messrs. Lichtwald ; they had backed their
horse, and they told him that if he was not very bad indeed
he should go, and they returned to Mitchell-grove with him
to see the horse. They then determined, against his and my
head man's advice, that he should go, and they started him
on their own responsibility the next morning. On my road
from Newmarket to London I met the van, and on exa-
mining the horse and finding him to be very lame, I ordered
the postboy to return to Hockeril, and went up to town
to state to the Messrs. Lichtwald that it would be ruination
to their horse if they ran him. In consequence of that
opinion he was sent back to Mitchell-grove; he then went
on in gentle work during the winter, and in the month of
January, owing to there still existing some doubt as to his
soundness, I wished to have Mr. Wood's opinion, and after
consulting together we agreed that he should be blistered in
the stifle and hock. Soon after, for my own satisfaction, and
in consequence of unpleasant rumours that I had heard, and
reports that I had seen in the newspapers about the correct-
ness of the horse's age, I took an opportunity one day of ask-
ing him to look into the horse's mouth and tell me his age ;
he did so, and told me that he was a 3-year old, and I have
an impression that he further said he had a very backward
3-year old mouth, as I told my son so when he came over the
next day. After this opinion I felt satisfied in my own mind,
and paid no attention to the ungenerous remarks which were
constantly made in the sporting papers. From this time,
after being blistered, the horse went on straightforward and
well in his work up to the day of his running. My. son, in
the early part of the present month, happening to be in town,
saw the Messrs. Lichtwald, and spoke to them of the un-
pleasant remarks which were continually made in the weekly
sporting papers relative to the horse's age, and said that they
ought to put a stop to them, as they had it in their power to
do so. They then declared to him that they could swear he
was the right age, and, before several persons, showed him
the German stud-book, which appeared to be perfectly cor-
rect ; and it was his opinion, as well as mine, that the Messrs.
Lichtwald knew their horse to be a 3-year old, and could
prove it, otherwise I would not have trained him.
In your report of the case in Monday's paper, it is stated
that I said "I had been grossly imposed upon by' the Messrs.
Lichtwald, and that it was only the vicions temper of the
horse that had preventtd an earlier discovery- of the fraud.
&c." I beg to say that this is erroneous. ' I should not be
justified in saying that I had been imposed upon by the
Messrs. Lichtwald until I am convinced that he was a
4-year old, and that they knew him to be so, and I certainly
am not at present convinced on that head, and most sincerely
hope they will yet send over a complete refutation of the
charges brought against them ; and with regard to the vicious
temper of the horse, &c., and the subsequent remark, " that
it is strange so experienced a trainer should have been so
slow in satisfying himself upon the point," I must observe,
that his temper was not at all vicious, and that he would
have allowed any person to look at his mouth ; but I contend
that it is not the duty of a trainer to examine the mouth of
any horse that is sent to his stables, but'merely to manage
him and to train him to the best of his abilities, and that this
is the only instance in my life of my sending for a veterinary
surgeon to examine a horse's mouth belonging to another
party, and I even go so far as to say that I exceeded m 7 duty
in this instance, and my only excuse is, that Idid so, in con-
sequence of remarks most annoying to my- feelings which
had from time to time appeared in the newspapers.
In your paper of this day there appears to be a doubt en-
tertained whether Mr. Wood examined the identical Leander,
or an animal prefessedly Leander. To clear up any such
doubt, I herewith send a copy of a declaration made by me
this day before Mr. Hardwick, magistrate of Marlborough-
street Police-office.
HN F
240, Oxford-street
I am, Sir, your very obedient,L
humbleJO serv
ORTH.
ant,
May 29. .

(Copy of Declaration.)
" I, John Forth, of Mitchell-grove, in the county of Sussex,
do hereby solemnly declare that in the month of February
last, in consequence of certain rumours as to the age of the
colt Leander, the property of Mr. Lichtwald, which I then
had in training for the Derby, I caused the said cold to be
examined by Mr. Wood, the veterinary surgeon, of Arundel,
in the said county of Sussex, and that the colt which Mr.
Wood did examine and alluded to in the annexed certificate,
was the same colt Leander that ran for the " Derby in the
present year; and I do further declare that in consequence
of the said rumours I questioned Mr. Lichtwald as to the
fact of the said colt's age, and he always positively asserted
that the said colt was no more than three years old, and that
there would be no difficulty whatever in proving the same ;
and I do hereby further declare, that I believed the asser-
tions so made by the said Mr. Litchtwald to be true, and I
make this solemn declaration conscientiously believing the
same to be true, and by virtue of the provisions of an Act
made and passed in the sixth year of the reign of his late
Majesty King William IV., entitled 'An Act to repeal an
Act of the present session of Parliament, entitled, " An Act
for the more effectual Abolition of Oaths and Affirmations,

taken and made in various departments of the State, and to
substitute declarations in lieu thereof, and for the more en-
tire -suppression of voluntary and extra judicial oaths and
affidavits, and to make other provisions for the abolition of
unnecessary oaths."' "JOHN. FORTH.
" Declared at the Police-court, Great Marlborough-
• street, this 29th day of May, 1844, before me,
"J. HARDWICK, -
" Magistrate for the Metropolitan Police District."
(Copy of Certificate.)
" Arundel, May 27.
"I hereby certify, that in the month. of February last I
examined privately at Mr. Forth's request the horse Leander,
and pronounced him to be three years
.old; at that time he
bad a decided three-year old mouth, and the tushes had not
shown themselves. " J. WOOD.
"S. T. HARMAN."

THE PENINSULAR and ORIENTAL
STEAM NAVIGATION COMPANY.

This Company held their half-yearly meeting yes-
terday, at their offices, 51," St. Mary-Axe. The
meeting was numerously attended, and the proceed-
ings were distinguished by perfect unanimity.
The following report was presented by the Direc-
tors :

" The period having arrived, when, in conformity
with the terms of the deed of settlement, the half-

yearly general meeting of the Proprietors is appointed
to be held, the Directors have much pleasure in meet-
ing you- to submit their report on the state of the
concern, and to declare a dividend out of the profits
for the half-year ending 31st March, 1844.
" The Proprietors are generally aware that the deed
of the Company regulates that the statement of
accounts is to be made annually only, an arrange-
ment consequent upon part of the operations of the
Company being carried on at such distant points as
to create a considerable difficulty in procuring, with
accuracy, sufficiently detailed information to enable
the Directors to submit half-yearly statements to the
Proprietors. The Directors are, however, enabled to
state that the receipts for the past half-year have con-
tinued steadily to increase with the extended opera-
tions of the. Company, and have been sufficient to
enable them, not only to meet every arrangement of
the Company affecting the trading profits, but also to
provide, by anticipation, for the repairs of the Com-
pany's vessels ; and to recommend the usual dividend
of 3f per cent. for the six months ending 31st March
last. _

" The Company's vessels are insured for 292,0001.,
and one half-year's premium thereon has been appro-
priated out of the profits of the last half-year.
" The undivided profits. of the concern will amount
to about 58/., after providing 18,0001. for the divi-
dend now recommended, and also reserving 8,0001.
for anticipated repairs.
"The Directors are enabled to state that the Com-
pany's vessels are in a satisfactory condition, and effi-
cient for the respective services in which they are en-
gaged;—by continuing to act upon the
.principle,
when the vessels are under periodical repair of the
hulls and machinery, of adopting every improvement
which has stood the test of experience, which the Di-
rectors consider the wisest economy in the end, they

expect that the establishment of the Company afloat
will continue to give to the Government the same
satisfaction in the performance of the Mail Service
which has hitherto obtained for it the approval Of this

high authority.
"In the last report made to the Proprietors, 29th
Nov., 1843, the Directors communicated to them
that they had tendered to her Majesty's Government,
and the East India Company, for an improved plan of
operation in the Indian Seas, in.order to expedite the
conveyance of the mails and public dispatches. A
lengthened negotiation has since been carried on by
the Managing Directors on this subject, and it is still
under the consideration of her Majesty's Government
and the Court of Directors of the Honourable East

India Company.
" It is understood that her Majesty's Government
have it in contemplation, not only to increase the
facilities of mail communication by the establshment
under contract of a monthly line to and from Madras,
Ceylon, and Calcutta, but also that other extensions
will ultimately be adopted by the Government in the
Eastern Hemisphere.
" The arrangements alluded to are calculated to be
beneficial to this establishment, and the Directors
have reason to hope that the Company's vessels will
be employed under contract by her Majesty's Go-
vernment for the contemplated service.
" In order that the Directors should be in a posi-
tion to give an unquestionable pledge on behalf of the
Company, of their ability to carry out the services
referred to, or any portion of them, with satisfaction
to her Majesty's Government and the East India
Company, they recommended an issue to the Pro-
prietors in England and Ireland, of 3,000 Scrip Cer-
titficates, to represent 3,000 Shares, of 501. each, being
an additional subscription of 150,0001. The Pro-
prietors responded to this call by applying for 5,671
Snares, representing 283,5501. but it not having been
considered necessary to extend the issue of Shares
beyond the number proposed in their circular of the
20th February, 1844, namely 3,000, the Directors
were obliged to decline receiving the additional sub-
scriptions thus tendered.
" One thousand Scrip Certificates for the same ob-
ject were also appropriated for such of the Proprie-
tors in India as might desire to avail of the privi-
lege of subscribing at par for the proposed additional
capital ; but the result cannot be known until the ar-
rival of the July mail.
" With the view of providing the additional vessels
which this contemplated extension of the Company's
operations will call for, the Directors considered it de-
sirable to treat for the purchase of the "Precursor"
steam-ship, of 1,800 tons, and 520 horse power, which
vessel has been purchased, subject to the examination
and approval of the Surveyors of the Admiralty, and
other competent parties, as to her hull and machinery.
" The well-known steam-ship the " Great
Western," of 1,320 tons, N. M., and 400 horses'
power, being also offered for Sale, the Directors
thought it advisable to purchate that vessel, as she
was offered on moderate terms, completely refitted
with new boilers, &c. &c. This vessel will undergo
the same rigid examination of the hull and michinery,
and when approved of as efficient for the mail contract
service, will become the property of this Company.
"It having been intimated to the agent of this
Company in Egypt that, in the event of proper fa-
cilities being provided by the Directors for the con-
veyance of her Majesty's mails and dispatches on the
Nile, this service would be transferred to the Com-
pany ; no time was lost in contracting for a very
superior iron steam-vessel for the purpose referred to,
and it is expected she will be sent out in the course of
next Autumn ; this measure was the more called for,
as, in addition to the foregoing reason, the extension
of the passengers' intercourse between England and
India demanded an increase of facilities for the river
Nile transit, the existing means being insufficient for

the purpose.
" Several complaints, some of them well founded,
have reached the Directors, from Indian passengers,
who have expressed themselves dissatisfied with the
arrangement of the Egyptian Transit Company; for
travellers. The managers of that Company, who have
the exclusive charge of the transit across the desert,
have promised to remedy the evils complained of, and
there is reason to believe they are proceeding to do so
satisfactorily ; the Directors are, however, determined
not to relax their exertions in endeavouring to obtain
better arrangements for the convenience of the public
on this portion of the route to India, than have hi-
therto been provided for them.
" The Directors cannot conclude without stating an
additional circumstance calculated to increase the
confidence of the Proprietors in the undertaking,
namely, that they have lately been enabled to reduce
the rates of insurance on the Company's floating pro-
perty in Europe, from 6/. to five guineas per cent.
" The points now submitted to the Proprietors
embrace the principal objects of interest connected
with the Company's operations for the last half-year,
and the Directors hope that the feeling of gratifica-
tion which they experience in being enabled to make
this satisfactory report will be participated in by the
Proprietory at large.
" By order of the Court of Directors,
" JAMES ALLAN, Secretary."
It was moved, seconded, and unanimously car-
ried—
" Ist. That the Report:now read be received,
adopted, and circulated amongst the Proprietors.
" 2d. That a dividend of 34 per cent. for the six
months ending 3d March, 1844, recommended in the
Report now read, be payable on and after the 20th
June, 1844, between the hours of twelve and three
o'clock on each day, to such Proprietors as are duly
qualified to receive the same."
A vote of thanks and confidence was then moved
to the Chairman and Directors, which was carried
unanimously, and the meeting adjourned.