The Sun.
London, England, 1826-01-19 00:00:00

THE DECCAN PRIZE-CAUSE.

The followinc will, we believe, be found a
correct, view of this iniportaiit cause, and of the
queStions arising out of it, as argued last week
before the Lords of the Treasury :
The booty at the disposal 'of the Crewn was either taken
daring, or arose out of, the military operations in the Deccan
in the years 1817, 1818, by which three of the native Princes,
the Petshwah, the Rajah of Beret, and Holkar, who had risen
against the lizitieh power on minion of an attempt to suppress
the rindarree hordea, *ere braught into eubjeition. The
Deccan army who were principally engaged with the snemy
consisted of five divisions, having been organized and placed
under the command of Sir T. Ilielop, in order to occult-11414h the
plan of the tiovernor.General for the Suppression of the preda.
tory troops. To co-operate in the extinction of these robbers,
who had long been the scourge of central India, the Marquis of
Hastings himself assumed the command of the 'army called
'lhe Grand Army, but did not-actually arrive on the seat of
was. After a 'thole but triumphant campaign, the army of the
Deccan was dissolved on the 91st of March, 111111, although the
Peishwah did not actually surrender till a subsequent peeled,
and Several fortresses were afterwards successively taken. ~
The general question of right to the booty acquired from the
enemy, came-on to be diucuesed before the Lords of the Trea-
sury in March, 11123, whet: the litigant parties were the East
India Company ; the 31arquis of Hastings, and the Grand
Army ; and Sir Thomas Illslop, and the Arin, of the Deccan.
The Bak lis'itt Company prayed for a grant of half the booty,
according to former practice; but this was eoueidered, tinder
the circumstances, inexpedient. The 111arquie of Hastifigs
claimed for himself, as Commander-M.l,ldd, and for his
army, a participation in all the booty taken in the cam-
paign, contending that Sir Thomas Ilislop was an inferior
officer under 'his command ; that he was entitled to issue,
and did isstle, military orders to Sir Thomas Hislop ; and that
he anti the grand army co-operated in the general plan ofeipera.
clops of which the Alaljratta war *lto an ocidental but heceS::
sary portion. On the other hand, sir Ilislop claimed for
himself, and the several divisions of his army, an exclusive
right to the booty captured in the Deccan, contending that he
was a General opnutieetling a distinct and separate force ; that
the orders'iestitil by Lord Hastings were given, not in the ea-,
peaty of Cominander-in-Chief, but in that of Governor-General;
and that the defection of the Maliratti Powers was never Con-
templated by the Niarquis of Ilaitinge, and consequently formed
no part of a general ucheme in which be co-Upereted, or for which
he was entitled to share. The Lords of the. Treasury, by minete,
bearing date the 6th of rehruary, 1823, decided, at: was then
conceived, principally in favour of. Sir T. ilislop •rand his
army, expressing their opinion " that the most just and equit.
able distribution would be to adhere, as nearly as the eircum.
stances of die case might admit, to that of actual capture ; and
that although die principle of constructive capture must, under
certain circumstance'', in a degree be admitted, the dispoisi-
tiou should hem limit rather than to extend that principle..,..
Tiny therefore decided, " that the Mode of distribution origioe
ally intendedly the 41arquis of Hastings would be most et oit.
able and just with respect to the booty taken at Poonah, Ma-
hitlpoor, and Nagpore ; and that the booty taken, on each of
those occasiotei respectively, should belong to the divi.
ahem' of the Deccan army engaged in the respective opera.
dons in which the Caine was captured r but that seethe division
of the Bengal army under Breetdier.fieneral Handyman ap.
peered to have been put in motion for the purpose of co.
operating directly In the reduction of Naleport, and to
here been actually engaged with a corps of the enemy
antecedent to the surrender of that place, that division
Appeared to be justly entitled to share in the booty captured at
Nagpore • and that such other booty, 'arising from the opera-
tierisengainet the Mahrattas in the years Itil7 and 18111, aa
might then be subject to his Majesty's Royal disposition,
should be granted to such divisions of the grand army, under
the Command of the Marquis of Hastings, and of the Deems
army, under the command of Sir Thomas Hislop, as might re:
spectively have captured the lame." Their Lordships further
declared their opinion, " that confbrmably to the letter of the
Marquis of Haiti' gs to Sir Thomas Hialop, of the 12th of Jan.
1810, Sir Thomas II islop, as Connuander.in-Chief of the Dec-
can army, and all the Officers of the General Staff of that armyt
were entitled to participate in the booty which might arise-from
any capture by any division of the army of the Deccan, until
the said array, of the Deccan was broken up on the 31st of
March, 1810. Their Lordships further held to be "
incon-
sistent'with their duty to recommend to his Majesty tosive his
sanction to any agreetnent for the common division of booty into
which the several divisieus, 01 either'actor might have en.
teredeas it was their decided opinion, that if the principle of
actritbuuatlioc,alpii
capture
nreo otherwere nut 'st
Garrottadotell in this care as the rule of disc
or equitable rule could have heen
udopted than that of a general distribution amongst all the
forces of the precidencice engaged in the combined operations
of the cumpeignik" Conformably with this deciiion, his Ma.
Jest'', wanton is issued, granting the whole booty lA, t)le Duke
of Welliugton and Mr. Arbuthnot, as trustees, to collect, re.
serer, and resolve it, and prepare a scheme for tee distrubition,
*mottling to the principles thus recognised as juit.

l• Shortly after this appointment the agents for the army of the
Deacon delivered statements of claims to the booty, chivied
under the heads of the three places mentioned in the warrant
—Poonah, alallidpoor, and Nagpore. 'The Pooneh claim on-
' braced the treasure found in Poonah, tinfoil/Bei of the. Veldt-
. wait's 'dominions' gold and jewels tlug in Nasetick, an
open town of Candiish, where they had been secreted by
the Peialiwah ; treasure found in *moat forts uf Jo ter.
ritory ; and deposits made by him for the purpose& of
the war, little of which was actually seized by the army, but
the greater portion was reduced into possession by the, civil ser-
vants of the East India Company—some before, and the resi..
due after, the dissolution of the army.. 'rite Nagpore claim
applied to the treasure found in the dominions of the Rajah of
Berar, who had surrendered to the British troops, and hail been
ultimately removed, from the M tianutl in favour of another
Rajah, to whom a part of the spoil had been, as the tinny
thought, illegally riaitorAl by the Dovernment of India.' The
Mehidpoor claim respected the spoils of 1-talker's camp, takep
after the battle of Mishidpoor, where Sir T. Ilislop coturnanded
in person, but which fell into the halide of the Mysore horse, a
band 'of auxiliaries, while the llritisk army followed up their
victory, and the restoration of which the army demanded.—
The whole of these claims were estimated by the agents at
about seven millions sterling.
On the •I.d of June last, the Trustees addressed, a letter to
the Lords of the Treasury, respecting the execution of their
trust. They stated " that the nature and amount of the booty
captured, and the circumstances under which it was captored,
had been found very different from what they were represented
previous to the minute ;" that their Lordship* laboured under
the impression thrit Much booty had been captured at Poonalt,
Nagpore, and Mahitipoor, whereas " no booty was captured at
Nagpore and none bad 'been realized which was captured at
ith Mulluiod, and there existed no claim on the part of the
Crown upon the East India Company, on account of booty
captured at those places." ' They then adverted to the
demands made on the Etiet India Company, and ad.
mitted by them to the extent of about 000,000., including
interest ; stated the booty captured in the daily ope-
rations of the' 'troops not to exceed 140,0001., and ob.
served, tt that It would be difficult, if not impossible,
for them to ascertain in this country, and at this distant period
of time, under what circumstances and by what body of troops
these captures were made." They then adverted to the trea-
sure found in Nassuck, observing, that " the army of the
Deccan did not capture it," but was in fact broken up on the
31st of March, and the booty was not found and taken osses.
Sion of till the «tlof May;" and that the flight of the Petshwah
was not caused by the operations of any single division or de.
techment of the troops, but by those of the whole army. And
with respect kpf.'the deposits, besides alluding to some uncer-
taintY as to. Whether one of them was In Poonah at the time of
the capture; min a tort 'called Ryeghur, reduced by a separate
detachment of the grand army stated that " not only Was .none
of the money recovered, . but the fact that the deposits had been
made was not known till the months of June and July, 1010,
tuntte months Mier the army of the Deccan was brought up."
On this letter " the trustees prayed the decision of the Trea.
;ury, before they subaltted a scheme of distribution for the
sanction of his Mejerity.'
The parties were summoned before the Lords of the 'I reasury
on the 6th of December, when it was stated by Lord Liverpool
that the Board would not interpose with. the principle of the
warrant ; but that if it should appear that a portion of the booty
supposed to have been actually captured by, the anny of the
Deccan was not so captured, such booty might be the subject
of distribution among all the Presidencies engaged in the cam.
paign, in which case the Marquis of Ilasttngs would to this'.
..extent participate. Their Lordships did not propose to consider
the Nagpore and illahidpoor claims, not feeling competent to
`deelde the legal question of what was or was not booty, but
Were strongly urged by the Counsel for the army of the Dec..
cltf) io &BOW thole claims to be discussed before a proper trihu.
dal. They then adjourned to the 9th of Januery, in order to •
ivethe parties time to prepare for discussion of the subject in
the aspect thus presented .to their attention.

:Before the argument commenced, Lord Liver Pool stated,
Ow a memorial on the part of Lord Hastings had been received,
praying that the whole case might be referred, for further con.
Privy Council.
iideratton in' the This the Hoard did not coo.,
side* practicable, butthey wished to know whetherboth
par,
ties would consent, that what remained yet to be decided as to
the application of the warrant should be heard before that tn.
buns].
The Counsel for sir T. Hislop and his army expressed their
opinion, that such a reference would be highly desirable, GS

the Privy Council, assisted by the learned persons who would
attend, would be much more competent to decide on the prin.
ciples of law which must be referred to, and the cases which
must be cited, than any persons, however high their station.
who were unaccustomed to legal inquiries.
The Counsel for the Merquis of Hastingson the other hand,
declined consenting to such a partial reference, because she
case had been in pan heard by the Lords of the Treasury, . and
therefore they would more speedily and satisfactorily decide the
residue than a tribunal unacquainted with the previous fac:s
and iensonings.
Mr. lieltntiON and Dr. JEsnrza then proceeded to meet
the objections raised in the report of the trustees to the claims
raised on behalf Of the army of the Deccan under the warrant.
They denied that they had assumed any facts on the previous
argument which were not fully warranted by evidence, or ever
intended to confine their claims to booty actually seized before
the dissolution of the army. They had, Weed, assumed that
booty was taken at Nagpore ; and they were prepared, when a
proper opportunity should be given, to show that the treasure
taken, in that state from the RAJA. was booty protected by no
capitulation' , and which the East India Company had no right
to withhold 'from the Crown in .whom it vested by tight
of conquest. Nay, they could show that the East India
CoMpany themselves allowed sonic of the spoil to be
booty ' without, objection.-.such as ammunition and tim-
ber; 'hat that they refused to allow money and jewels,
thus making value, and not principle, the criterian of their de-
cision. As to Mithidpbor, it was true that but little booty was
realized there—that booty was captured, was not denied, because
is fell into the hands of the Mysore horse; but such a dispo-
sition of the property of the Crown ought not to prevail, if a
power existed (and the conduct of the East' India Company
proved it did exist), of demanding a fair distribution among
the ptors. Thus far, then, there had been no misstatement
nor Was there any with respect to the property taken in Poonah.
if the language used was construed in its fair and legal
meaning., When, throughout the argument, reference was
'made to the booty taken 4‘ Nonati, Nagpore, and MAlM-
poor," those terms were intended to include all the booty
taken in immediate consequence of die operations at the
places named, or of which they were the centres. But
it would seem that the trustees were under a mistake in
point of law, and that they eonsidered no treasure to be ac-
tually captured by the army, of which the army did not take
manual possession. Such a sense had never yet been put on
the term " Takers," nor was it in this sense used on the
former Inquiry. Every case which' had been decided—every
diction contained in the books—every'practical instance which
could be cited from military or naval history, would prove that
capture did not mean selsure-.llte manual grasping of tree-
sure—but the aequisition.of a complete dominion over it. To
the sight of theCruwn it mu' immaterial when the treasure was
seized-; pay, when it was discovered; for the mere tinders could
clainr no right; the conquered enemy could claim no right;
and therefore the right must, be iu the Crown. To establish
this position, the Learned Counsel cited a numberbf oases, re-
lying chiefly on the case of "(Unmoral'," where the Mt India ,
Company were compelled to refund, with Interco, the proceeds
of a suit instituted by them upon a contract made by the
Governor of the conquered places previous to its capture, as
prise appertaining to the Crown. A contrary doctrine would,
they argued, lead- to most pernicious consequences; because it
would operate as a direct discouragement to conquering armies
from pa:suing their victory, and tempt them to, remain and
secure be immediate fruits; or if this was impostaible, would
punish them tOr their generous relf-denial. They, then con.
tended, that applying clue doctrine to the terms of the warrant,
the army took under that instrument an absolute and vested in-
terest, not only in the spoils taken at the places earned, butin
all booty arising out of these captures ; and even if there were
droits *f the Crown not strictly booty, the, army would, on the
same principle, be entitled to clime aloe, according to invariable
usage. In the case of the Toulon ships, which surrendered to
Louis XVIII. before the eetoblishment of his power became for ,
the dine impossible, the meritorious servicesid the ermy were not
held to entitle then] to share, because the original surrender
had been made to the navy ; fir though, the. destruction of the
dock.yerd and the intimidation of the enemy were felt by all to
'be most important achievement', and though Mr. Pitt was
particularly anxious that they should be rewarded,' still the
Scott,Privy decided,eouncil uthnadteraterdtictoe
ttiolf. SiniirrarUia'.blelrreunitmanwdaihrgUo7::
versed the disposition of war droits, thiarmy could not pant-
ciliate. If a ditfurent principle were adopted in Indian war.
fare, and possession were holden requisite to complete the title
of captors, the army could scarcely ever claun ;—because,
on the instant of conquest, the civil agents of the Com-
oi the concealed,agents
wouldtiati
begunsc scarcely
to y ever r
)e errabtee. discovered
appeared
Com-
pany assumed the controul ; and the treasures of the na-
tive Princes, consisting chiefly of jewels and
gold, being
eau/
ered-tillfrtohm th
act.thonty
statement which had been presented to the trustees, that in April
at I et: m
civilro uni cat i o
agent,n
two its,
was not given, and the Pennenn
ls s
treasureto n
wastodigmadenight:
o t isteui LA permission
ttillisAlay, whe when
ascer-
taining its value, except that they were informed that the poll.
rival agent was three dots in counting it, and that they had.
reason at the thus to estimate it at a grea'tly higher sum than, ,
its value
according to the report of the trustee*, witA now recog ied
ni as
by the East Indio Company. The admen of the
army had been kept in the dark as to the sums paid in by the
East bona Company ; ea to
the principles on which these surni
of the trustees, that they considered great'
were paid in ; and therefore they were unuble to apply the. information they had received to such iulinissions.. It seemed
from the report
difficulty would arise in ascertaining the divisitina entr.'
tied to participate in particular captures : but no ' such
difficulty would exist; for statement; of all the Der.
vices of the 'particular divisions had been made out, and
these would suffice, when applied to ascertained captures, as
materials for a scheme of distribution. Those papers had not
yet beets placed. in the hands of the trustees, because the agents
fur the army had as yet considered that the great and only soli.
ject of discussion was the general claim of the whole bady on
the East India Company, and. because the statement of pant.
cuter services must be useless until it had been decided what
was and what was not booty at particular scenes or action. To the
general object only—the claim on the East India Cempany—hed
all the elaborate statements been applied ; but the details deer-
vicps were now ready, thovigli it waayet uncertain, from the course
pursued, to what eaten and, in what instances they would be
available or fruitless: After all, there were difficulties Hatothe conflicting claims o 'divisions, this could be,no reason
t
for taking the booty from'. : and giving it to a third party
lotir
who was more remote than eft ice. Such diffitulties had never
been considered as affecting the terms. of warrant*, which, for
the most part, gave only a general scale of distribution, and left
a
individual claimants to establish their right either by ppeal to :
the Privy Council, by reference to the trustees, or by
stibmlesion
to arbitrators of their selection. After referring to the warrants for
the grants to the armies in the Peninsula and at Waterloo, which I
contained the scale, of distribution, and which Mr. Harrison
drew, and which were framed by analogY to the principle of
acme! capture, the Learned Counsel urged that no false assump-
tion
had been made at the former argument; that the booty
referred to by the trustees, as taken in the territories of the
Peishwall, was intended by " that taken at Ptxmah ;" that
whether this booty was manually seized before or after the
breaking up of tho army of the Deccan, could make no diffe-
rence in law or justice, if, by the operations of that army, mili-
tary dominion was obtained over it; and consequently that,
under the terms of the warrant, the army had a vested interest
in the proceeds, which the Treaeury would not now disturb.
Mr. Alum and Dr. Lusnisurrow, for the Marquis of
Hastings and the grand army, declared their intention strictly
to adhere to the warrant, and simply to consider whether the
booty referred to in the letter of the trustees was, under that
warrant, prize to the army of the Denali, or distributable
among the forces engaged in the campaign. If, inded, that
warrnt gave to the army of the Deccan a vested interest in
this booty, the right of property would be inviolable, and no-
thing would remain to argue. It was true that the warrant did
give to the army; of the Deccan all the booty taken at Poonah,
Itlithidpoor, and Nagpore, before the 31st of March, when
they ceased to exist as a separate army; and if any thing
was taken at those places, they were entitled to the whole ;
but they were entitled to nothing else, unless they could show
themselves to be actual captors. It was stated by Mr. Harri-
gan that on the last argument be intended to claim all this
booty ; and no one could doubt that his assertion was correct ;
but certainly he had neither conveyed that impression to the
minds of lus opponents, nor of their Lordships ; and if the
grant was made on an erroneous supposition, it would be ab.. whitely void. The warrant consisted of two parts—one,
which adjudicated on the booty found itt the three places
named, and gave it to the army of the Deccan ; the other,
that which referred to other booty arising out of the ope
redone of the campaign which was to belong to the division of
the Deccan army, or of the grand army respectively, by
whom it was respectively captured; and an intimation was
given, that if the principle of actual capture were not acted on,
the only equitable course of distribution would be among all
the presidencies engaged in the war. It lay, therefore, on the
fumy of the Deccan to show that they were actual captors of
this booty, If they exclusively claimed; for, in default of such
proof, it must be distributed among all the forces. They , had
done nothing of the kind; they 'had 'not Stated for.what divi.
lions respecilyely they claimed' it, anti had Made out, therefore,
,no title. The doctrine which they imputed to the trustees, that
,PolisCheion .wan essential to capture, was not fairly deducible
Rohl their report, nor was it essential to the case of Lord Hast-
ings.! `lt might be, conceded that manual Possession was not
easentisLe that contrind, dominion, ,4 the grins of power," as
but that
doubtful.—
cL)on7liouSitouwieulal hbead
deexitirreassuedd
4ibt,solmnitge.htanSencb: ;

In case of naval capture, there was rarely Wade.
for doubt ; there the thing taken was not the ele.
ment, but the vessel, which could he reduced into
poasession ; but it did not follow that an army over-running or
marching through a country, necessarily captured every thing
in it as prize. This treasure found in Nassuck was claimed,
because a certain division of the Deccan army marched near it
in pursuit of Peishwah, who had left the money and jewels se-
creted ; bat at this time Dot a fort was taken, and the Petah-
wah did not surrender—the cession of the country was not
complete—till June. The question, then, was, not whether
possession was in all cases necessary to capture, but whether.
the Deccan army or any of it divisions ever really acquired
the controul over the booty. which they claimed, or whether
it was net acquired by the Joint operation of all the foritefele
whom the former owner of that treasure was ultimately (Invert
to surrender. How did the case 'stand, then, with reference
to the several classes of booty mentioned in the report of
the trustees ? First, to • the 150,0001. said to be acquired in
the daily operations of the troops; if that Nem actually the
produce of booty taken by the army of the Dem*, they would
have an exclusive righteto -that sum. Second, as to trea-
sure found at Nassuck; it could not come under the head
of booty takes at Poonah, for at the time of the adjudica-
tion their Lordships were not aware that any considerable stun
had been obtained in this open town, and intended to give DO
decision respecting it. Who, then, were the actual captors ?--•
Had the army of the Deccan proved their title, because wane
of the divisions passed through the Candeish in pursuit of the
Peishwah ? Even the winning a single battle, or the capture
of a principal fortress, did not make all the public property of a
territory prise; and neither could the preeence of an army who
might have seized it. Surely this was rather a general result of
the campaign arising from the operations of all'the forets, by
whom the Peishwah was first put to flight ; repeatedly defeated
in its course ; and finally compelled to surrender. The same prin-
cipal applied to the third description of prize—the deposits and
arrears of tribute—whlciewerenot the objects of actual capture in
the course of operations, but the results of the final success. The
Peishwah abandoned his capital on the 17th of November; he
fled, but fled with a large lbrce, after the custom of Alahratta
warfare ; and be was pursued nearly round the whole circuit
of his dominions. On the 25th of February he was defeated
by General Smith at Ashlee; lint he rallied, and still
continued in considerable force, until lie was again sig.
nappy defeated on the 17th of April,. at ,Soonee, by Colonel
Adams. After this battle his force was weakened ; and, "-
being hemmed in on an sides, he surrendered on the Sd
of Jane to Sir John Malcolm, and ceded his dominions
to the British power, on receiving a aunt of 100,0001. DE:
year. Now the army of the Deccan was broken up on'
the 31st of March ; both Colonel Adams and Sir John
Malcolm were under the immediate orders of the .filarquit of
Hastings, and therfore, if the booty and tribute were referrable
to his final overthrow, it was clear the army of the Deccan
could not be the captors, and could only share at all on the'
other alternative of a final distribution among all the forces.
Allusions had been made to certain statements printed on behalf
of the army of the Deccan, one of which might be regarded as
affecting an officer of high situation and trust; but to these
their Lordships would pay no attention, for they were cx parte,
but had been kept from the inspection of the Marquis of llastinge
advisers. On the whole their Lordships would perceive that no
vested interest was given by the warrant to the army of the Dec-
can in the treasure found at Nassuck, In the deposits made by
the Peishwah for carrying on the war, or in the arrears of the
tribute; that these had not been shown and could not be
shown to be actually captured by that army ; and that, as ther,,,,
were the result of general operations, the Marquis of liastinfie l
and his forces were entitled to participate according to the Plit*-7
ciples of the previous decision .
MG IlAnnisow, in reply, observed, in 'answer to the
plaint of withholding statements respecting booty from the other .ee,
side, that those statements were not drawn with a view to any
question of this nature, but simply to guide the trusteed it
the claims they were entitled to - make on the East India
Company: His Learned Friends, who had refttsed to come
municate the memorial of the Marquis of Hastings,. terse, 11'-'
not entitled to require accommodation which they refuses'
to give. He did not conceive now that the Lords of tits
Treasury were inquiring as to the services of particular
divisions, and therefore he did not enter into them ; but
they were discussing the general question, whether this, .ei
booty- belonged, under the warrant, to any part of the "A•
army. With respect to the Nassuck treasure! there was igt."-‘,',
doubt that, it was not captured by the whole army of tho,
Deccan; that the flight of the Peishwah was not produce'
by the whole army, but that this result was broublit
about by the immediate operations of two of its divisions. ut
this was wholly immaterial to the present inquiry. As the law
was now in a great measure conceded to him, fie contended on
the feet* that the, booty in question was actually captured b 7
some division of that army, or obtained under circumstances
anelagous to actual capture; and that this capture took place
when the Peischwult was expelled from his dominsone
never "to itturn except' ir is fugitive.; Some forts, indse4l.-
held out a little Jungles but the civil authority was caw' e'
Wished peaceably Canaeish; Mr. ElPhinstone became the
commissioner of Poonah ; .and •a proclamation eras issued that
the Peishwah had forfeitiel bite throne. Was not this cone
quest ? Ohl not this' pea:eable' occnpation of the territory
the name of his Al ajesty VOL all the public property of the *SW
in the Crown ? And if so vestod, was it not eranted to the cone .
quern/al If the country was not conquered till the last fors Will
taken, and till then no property in open towns vested in the
crown, the troops who. carried the • lost fort would be the eat°
querora of the country, and the. captors of the rise: .
Besides, the East India 'Company had not only pnr
their own officers in possession, but 114 d given a p.01°2.
of the territory to the Rajah of Sittarah, whom • they
had installed in a dedet anti limited dominion., It less
true that the Peishwah was not taken till efterwanlet
Pun
he wasa ding outlaw, deecribal.hY fiord Hestlsgel/111 I
dr" as a person whole authority wee gone, and 0'
never by possibility touldetretrover his throne. Surely, the!'
the prize taken in his dominions did not belong in whole or,',?,
part to those who purstreif him,' and to whom he gave up
at all events, could the fen'
compelled him to fly, and 41101,t
gieenrinn,tobuthtetototilhso.se
ilonultyhwolwee,
army participate on the . ground of hie personal surretian
since it was dissolved on the 11th of February, when
Hastings formally took leave and quitted the i
;he.
whole, therefore, on the ground that these questions Ire°
really set at rest by the warrant ; on the le
decisioni bein their
it favour.
The con-
trial, capture ,
, and not possession,. the essence of• and on tu'.
facts which proved thearmy of the Deccan to be the antic",
wiel which d ? made e 01.0"
ate and menterious cause of these acquisitions, he owlet' "'-
The Lords of the Treasury :stumbled on .11141 deb C°o. sd cr
of
their would
decision ; but
not yet been wade pubes'

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