The Sun.
London, England, 1819-05-24 00:00:00

1J R. WILKINSON'S CASff.

In considering the very peculiar predicament of Mr. Wil-
kiteam, ated the claims founded upon it, it appears to me
to he desirable to endeavour to lay down a fair and just
principle of adjustment, and then to apply it to the case.
unlit, in explanation of my general view of it, tq pre-
mise in the outset, that with every desire to consider and
discuss the claim liberally, still I cannot bring myself to
regard it in the light of a legal claim, in the strict and se-
vere sense of the term. When Mr. Wilitioson, in the year
1812, entered into engagements for insuring a supply of
sudtpetrr, tw could not hut be aware that Government had a
right to revive that monopoly of the article which had been
but jnet abolished; from which it follows, or seems to me
to follow, that in forming a quinquennial contract for the
supply iu question, 1w look that step " sun perienio" with.
out any guarantee on the part of Government, and subject
of course, to all the rietaa and to all the losses incident to
an eventual change of system—whether by the re-establish-
ment of the inottopoly—whel her by subjecting the article to
the payne,nt of duties—whether by the prohibition to ex-
port. It is therefore that I am of opinion, that the claim
Omuta itiSi ly be cotianlered to be of a legal nature.
But while I entertain that sentiment, I cannot on the
other hand but admit, that as the then recent abolitiOn of
the monopoly of saltpetre, by a legal enactment, rendered it.
in the biabeet decree improbable that it would be immedi-
atclorcoistablished, and as it was immediately reestablished
to the &Mous ruin of the speculation entered into during
the interval by Mr. Wilkinson, that Gentleman has every
right, short of legal right, to expect that his claim will he
considered as a ease .standing upon grounds peculiarly
strong, and that it will be decided on principles of the
greatest liberality, more especially when-it is considered that
the decision is to be passed by the very party which benefit.
ad by his lois.
This, as a principle, appears indeed to have been admitted
from the'first ; hence the numerous references which have
taken place on. the subject, and hence the appointment of a
Committee of intelligent and experienced Gentlemen for
the purpose of applying that principle. Had any doubt
been entertained from the first of Mr. Wilkinson's claim
being entitled to consideration, it would, I conclude, have
been rejected and dismissed in limine. In that ease the
measure of resorting to the opinion of a Committee, com-
posed of men of business, would have been altogether un-
gatere.
In the present stage, therefore, of the question, the Ttu-
tutu, or degree of compensation, to which, in equity anti li-
berality, Mr. Wilkinsoo may appear to be entitled, seems to
me to be the point for consideration.
In turning this point in my mind, 1 have found little diffi-
culty or hesitation in deciding, as far as my humble hut de-
liberate judgment goes, that Mr. Wilkinson is nut only enti-
tled (though, as (discreet!, not legally) to compenSation for
all actual loss sustained by hint, but also to a certain degree
on account of the privation of those commercial profits,
which, hat for the revival of the monopoly, he, would have
enjoyed, and which, by the direct operation of that revi-
val, Government, as- a commercial body, has reaped the
fruits of.

In this there is nothing at variance with what 1 have de-
clared above, as 10 Mr. Wilkinson's liability, in a leenl point
of view, to suffer from the operation of measures, which,
however prejudicial to his interests as an individual, Go-
vernment, iu its paramount capacity of ruler of the country,
had a right to adopt. I now examine the case as a case of
equity, and 1 examine the conduct of Government, or rather
I consider the line of conduct which, in my humble opinion,
it behoves Government to pursue, not with mere reference to
its power, hot, with advertence to what, in sound policy and
iii true considerate liberality, it ought to do.
Infect, if it be admitted, and it can hardly, I think, he de.
nied, that in sound policy, and with an enlightened, en-
larged, and statesmanlike view to its own interests, every
Government ought carefully to abstain from every public
act which has an obvious and direct tendency to destroy, or
even to weaken„the confidence of its subjects, on' its wis-
dom, justice, and consistency, it seems to follow, that in the
event of a Government sanctioning, suddenly and unexpeet-
edly,alie adoption of a measure, which converts an article
of free trade into a monopoly, it is bound in policy (lode-
pendently of considerations of equity) to grant relief to those
who may ctlfrer from the operation of sorb measnres ; since
a contrary line of conduct on the part of a Government, in
that predicament, must have the effect of diminishing the
confidence of the community. For what merchant will ven-
ture to engage, to any extent, in commercial adventure, if
he he exposed, by the operatiou of a measure which he had
no reason to expect, to see the legitimate profits of his
speculation pass from his hands into the hands of the very
Government front which he had a right to look for good
faith and protection
, I venture to affirm, that, when I consider this as likely to
prove destructive of public confidence, and to paralyze
exertion on the part of the commercial portion of the coin-
do not advance an extreme or as exaggerated
position ; and if it be admitted that on grounds of general
policy, le reasoning is just, how strong and immediate
must its applicability be to a case like the present, in which
an individual has evidently been a severe sufferer by en
act of Government, the object of which was NOT POLITICAL
advantage, bid PECUNIARY profit, NOT the promotion of
the public intereits of the State, but the securing a com-
mercial coin to the Government in its capacity of a trading
Company in quest of money by means of traffic ?
Such are the grounds on which it is clear to my conviction
that, in. sound policy as well as in equity, this Government
ought to consider itself bound to make a liberal compensa-
tion to Mr. Wilkinson, even supposing it not to have drawn
arty immediate profit from the operation of the measure
which caused his loss. But when it is considered, besides,
that in proportion as he LOST, the very Government now
about to decide on his claim GLINCD, it appears to me that
that Government, on principles of equity, is doubly bound
to compensate, or in other words, to transfer to him some part
of the gain which, in-Us commercial rapacity, it acquired
eU his expense.
So sensible indeed was Government of the peculiar hard-
ship of Mr. Witkinson's case, that it came to the determina-
tion, at once just and liberal, of respecting such engitgements
as that gentleman might bona. fide have entered into pre-
vious to the revival of the monopoly of saltpetre in the
year 1812, and Could Mr. Wilkinson have rendered that con-
siderate indulgence efficient and available, he would not now
lie in the distressing preilicatnent of suing for relief.
The circumstances which prevented him firm reaping the
advantage of that measure, have been so frequently adverted
to lu the course of the proceedings, that it were needless
now to refer to them in detail ;'suffice it to say, that they
were beyond his control, and that he was not the victim of
his own neglect.
The Committee has taken a clear view of the several prin-
ciples, according to which the amount of compensation due
to Me. Wilkinson may be estimated. The most moderate
sum to which it considers him to be fairly entitled to ou ac-
-004111( of the two first years of his engagement, is 180,000
rupnee, with iuteest, at the rate of 8 per cent. Per annum.
Assuming that the calculations of the Committee are just,
and entirely concurring, as 1 do, in the fairness of its prin-
ciples, and to the justness of its reasoning, lam of opinion
with the Committee, that Mr. Wilkinson is entitled to a
compensation of 180,000 rupees, with interest, at the rate
of 8 peer cent. per annum, on account of the losses sus-
taived by him during the two first years df his contract.
On a superficial view of the case, the magnitude of the
corn may startle, but we ought to consider that that very
magnitude serves to shew the magnitude of the pecuniary
gain which the Government, or to speak more property,
which the Company derived front stepping into Mr. Wil-
kinton's place, in consequence of the revival of the mono-
poly, as is clearly proved (to my conviction, at least) by the
Committee in the 12th paragraph of its letter.
- The Committee further proceeds to consider the compen-
sation doe to Mr. Wilkinson for the losses sustained by him
during the three cementing years of his engagements, and on
grounds stated in the 17th paragraph of its letter, deems
him entitled to receive front Goverionent the amount which
he would have recovered filer the Contractors as a penalty
for breach of engagement, viz. 20,000 rupees per annum,
thus excluding from the calculation, all Slippn9ed profits
which might have accrued to Mr. 'Wilkinson, bad the trade
ist saltpetre been suffered to continue open. I admit, with
the Committee, that suppesint Mr. Wilkinson to be entitled

We received yesterd.tly and this morning the
Paris Papers of Thursday and Friday last.—ln
the Chamber of Deputies the discussion on the
articles of the prujet respecting the Financial Ac-
counts was continued through Wednesday, and
again adilurned till Friday. home conversation
took place :-...pecting the expenditure of the Duke
de RICHELIEU, with reference to the negotiations
at Aix-la-Chapelle, which bad exceeded the sum
allowed, but the amount was ultimately agreed

The KING'S health is stated to be much im-
proved, the attacks of the gout having entirely
ceased. The statement is contradicted respecting
the Coronation being to take place on the 25th of
August) it being asserted that no orders have been
issued upon the subject.
Marshal GOUVION ST. CYR, the Minister at
War, is about io quit Paris to take the waters.
During his absence, the business of his depart-
ment is to be transacted by the Marquess Des-
SOLLES, the Minister for Foreign Affairs.

The Constitutionnel states, that the Deputies
who were prevented from speaking in favour of
the recal of the Exiles, by the abrupt determina.
tion of the Chamber to close the discussion, mean
to publish their intended speeches.
_

One of the Journals contains the following cu-
rious article, dated Madrid the sth instant :
"An agreeable piece of news is in circulation
here ; Deputies from Buenos Ayres have arrived
in this capital, commissioned to offer to the KING
the submission of the Insurgent Provinces of the
Rio de la Plata. It is believed, that the conditions
which accompany this offer are of a nature to be
accepted( by the Government, of at least the
greater part of them. The Provinces demand a
national representation, the privilege of voting
the taxes to be imposed upon them, and to be
placed upon a footing of equality with the Mother
Country With regard to customs and commercial re-
gulations. The wishes of the Colorists, enlightened
by a long and melaiwholy experience, appear to be
limited to the Status of 1738, with some ameliora-
tions suited to the progress of civilization. But
there is one wish of the Colonists to which it might
be dangerous to accede; namely, to send a Prince of
the Royal Family as Viceroy to Spanish America.
Buenos Ayres, situated at one of the extremities
of the Spanish Possessions, could not besides be
chosen for the residence of a Viceroy. But, not-
withstanding some inevitable discussions, this
step, taken, as it appears, by the Authorities of
Buenos Ayres, cannot fail to lead to a reconcilia-
tion."—This story is probably altogether a mys-
tification.

The Journal de Paris, reiterating the contradic-
tion of the reports of the abdicatio❑ of the King
of SWSDEN having been required by Russia,
states, that letters had been received from Stock-
holm, dated the 4th inst. at which period nothing
new had occurred, and the most perfect tranquil-
lity prevailed.

The following are extracts from the Journals
of Friday :

" PaRIS, MAY 21.—The King gave audiences

vest erday to the Marquess Dessaes and the Duke
of Rdgusa.

The Piincc de Schwartzenberg arrived at
Brussels the 17th instant from 'Vienna.

The Marquess de &rail)°, Grandee of
passed throughtßordeaux on the 15th inst., on his
way, it is said, as Ambasbador Extraordinary 111731
Catholic Majesty to one of the Northern
Courts, for the purpose 01 demanding for his S°'
vcre;gn the hand of a Princess.
" A letter from Berlin states, that the French
Marechal de Camp, Hulot d'Osery, brothe of
Madame Moreau, passed through there the 1161
instant, on his way en courier to Petersburghi 1!.

Prince Leopold of Saxe Coburg, after passing
some days at Schaffhausen, proceeded to Zurich'
His Royal Highness, after finishing his journey
Switzerland, proposes to return to England.
" The King of the Netherlands is expected
shortly at Ghent.

FIVE PER CENTS.
Wednesday Of. 57c.

DEFERRED STOCK.
Of the 22d March, 1817, . SSE 150.
22d Sept. 1817, .. . 83 1. 15 C..
22d March, 1818, Bl f. 13c.
22d Sept. 1818, ..79 f. 15e.
22d MarchstBl9, ..7rit. 25c.
(Thursday being Ascension Day was a hada"'
at the Bourse.)

" FRANKFORT, MAY 15.—Tbe Germanic Diet
has appointed a Committee of five of its Member'
to consider the present state of the Ustiversitige
Of Germany." ._

The Duchess of KENT was delivered of 1
Princess, at Kensington Palace, between four and
five this morning. Both the Duchess and bgr
Daughter are doing well.

Tua FUNDS.—This morning a panic seized 044
House, which was crowded at an early hour, that
.
is almost unprecedented ; the moment basica"
commenced the rush was tremendous, and all sr
Fared to. be Sellers ; various prices were called'
at length some little order being obtained, Consols
were named at 678, and fell to 67k, being • de'
pression. of 4 per Cent. since this day week'
Scarcely any purchasers were to be- found at 'bag
price. They recovered a little by 12 o'cla
when they were 674, but the Market looked ellm
ceedingly gloomy. •

Boston Papers arrived this morning to the 201
Apt il, and New York to the 27th, and Pkilatiel"
/lia to the 25th April.
SPANISH Assaatc4.7—(BosToso.—Tbe solo/ones'
Retrieve, Captain TwYcaoss, arrived at (bib port°
in 20 days, from St. Martha, Spanish Mont.'''.
Official accounts had been received that Genera
M'GREGoR, with his squadron of six sail, -with
12 or 1500 troops, from Anx Cayes, bail latgle4'
near,Porto Bello; he was expected at St. Marths;
.all the inhabitants were under arms, and India''
and troops from the Country were called to aßsilL
in its defence.

PHILADELPHIA, APRit, 55.
Extract of a Letter from St. Thomas's, ?dock
30:--" By a vessel just arrived from Curago"
news has been received by vessels, arrived bells
from Carthagena, that the Governor of Paololl
bad written to the Governor of Carthagena 14
all the forces he could muster, as be dreaded 0
immediate attack from the Independent Aral'
which, atter taking Lima, was then advancing
rapidly to the Northward, no doubt to attack
post."

It is stated, we find, in one of the Paris Paper'
that the Deputies who were prevented, by th
sudden termination of the Debate on the propose!
recal of the EXILES, NMI speaking in favour 0
that measure,,meao to publish their reasons to tom,
world at large. We hope that they will do 544
that a refutation of thiir argtintenli is support 04
so dangerous a measure,onay,ba equally circulate'
throughout Franco and'all Europe. It is also desk'
able that these advocates for rebels and muidelfi.
should, by thus avowing their sentiments, had
their characters fully developed to their county''
men, since, after proving themselves to be favooll`
able to the most odious criminals, they will hartilll
be returned, on a futUre occasion, to the Lego'
lative Body. Such partizans of treason, anarchio.
and regicide, might next be expected to propo°
the return of BUONAPARTE to France, or to
Sovereignty at Elba, if nor in order to. invest
with a new dignity, as Monarch of his notlcil
island, Corsica. At all events, we hope that iti4
Patrons of the infamous Exiles, by thus expoi°l
their principles, will preclude themselves front
official employment, as they never can desert'e
the confidence of a King whose piOus Broths
they murdered, over whose country they ipre4
desolation and misery, and Who shook the foal'
dation of the civilized world. No—never should
such wretches be permitted to enter France n°l
more, and, indeed, it seems surptizing that tbe:
should find shelter in. any part of Europe which
suffered so much by their principles and meastagg'