Star.
London, England, 1823-02-12 00:00:00

THE DECCAN PRIZE CAUSE.

We have to inform our Military Readers of the termination
of this question, which has beea decided in favour of the Army
of the Deccan, under the command of Lieut.-General Sir T.
IllsLor, D'art.. G.C.B. Although we were apprehensive that
some unpleasant symptoms of impatience had been excited by '
the long pendency of these claims, we are convinced that the de-
lay will not be regretted by any of the parties, when it. is recol-
lected that it has afforded to those whose pretensions have not
been established, the most favourable opportunity of bringing
them forward, .end that it will have the gratifying effect of ab-
sorbing any feelings of disappointment which might otherwise
have arisen, in the consideration that the decision is the result
of patient and deliberate investigation into the circumstances of
the ease, of attention to the arguments of the Counsel, and of
the voluminous documentary evidence which has been adduced,
and the diligent research into precedents of the usage, by which
his MAJIMIT has heretofore been guided in the gracious distribu-
tion of prize to his troops. The principle upon which his .11A-
saws has proceeded iu awarding the booty in question is that of
actual capture.
The property was captured at Nagpore, Poonab, Mahedpore,
and other places, in the course of the Pindarree war, between
the 40th of October 1817, and the 31st of March 9":18, and it
was of very large amount. 13y the law and cot.stilution of the
British Empire, all property captured from a public enemy, by
laud or sea, belongs, in the first instance, to the Crown; whose
interest is only divested..by its own Act, either as a constituent
branch of the Legislature, or as a spontaneous grantor. No
statute applies to mere land prize, or booty, like the pPesent ; and
'the question therefore was, to whom, and upon yam principles,
the Crown, acting under the advice of the Lords of the Treasury,
should make a grant of this large property ?
• In former cases of Indian capture, where the grant was coin-
operatively small, the Crown (we understand) had been in the
ihtabit•of granting a part of the captured property to the East
India Company, who dioributed it among the captors, or others,
:as they thought fit but the first point deter Mined by the Lords
of the Treasury, in the present instance, was, that the bounty of
the Crown (for such it is) should proceed directly from the Ems
to the captors; and, therefore, that it would be inexpedient to
advise his Mainz-1r to grant any part of the sum in question to
the East India Company.
The next question was, who were to be considered as captors?
and this was a matter of greater nicety ; depending not only on
the principles applied to analogous cases of actual Or constructive
capture, but also on a large mass of evidence, as to the facts,
which might, or might not, bring the case within the range of
those principles.
Their Lordships thought generally, that actual capture should
be taken as the primary ground of claim to reward ; and that the
principle of constructive capture admitted, in a variety of shapes,
by. the Courts which have had to decide similar questions, should
not be extet.ded, but rather limited, and rendered subordinate
to the former principle.
Upon the first and main ground their Lordships then deter-
mined :.

1. That the separate divisions of the Deccan army should
share, for the booty actually captured by each respectively ; and
their Lordships therefore overruled an agreement, which was en-
tered into for the whole of the lieccan army, to share itith each
other; considering, that in case of such abating, there could be•
no equitable reason why their Lordships should not advise that
all the troops from the different rtcsidencies.should be allowed
to participate.
2. That Sir Mona., Haim haying been Commanderln-
-.. . _ . _

Chief of the Deccan army until the 31stwMarch,1$18, was, with
his Staff', entitled.to share, as, an actual captor, in atl the booty
taken by the separate avidoni of that array.
Upon the ground of a Constructive capture, approaching in Its
circumstances and 'herbs to an actual capture, the Lords held,
that as General Haturtmax, with his division of the grand army;
Was pinching toward Nagpore, to co-operate with a division of
the Deccan army in the reduction of that place, and as he actu-
ally had an engagement with a body of the enemy on his way,
before the capture, this Was such a construction, or rather aerial'
assistance, as Would entitle him and his division -to share itN that
portion of the booty which was taken et Nagpora . • .
Of course these decisions exclude the Marquis. of HASTINGS, ^
and the grand army (excepting General HA nuYAwep.division),
front any share in the Royal bounty.
MILITARY r,RolioTioNs, •
OVFICE OF ORDNANCE, FEB. JO, 182.1
ROyal Regiment of Artillery---:FirSt Lieutenant "ferry Stow,
from half-pay, to-be First -Lietitenant, vice GRA); retired on
half-pay; First Lieutenant George Rivers Leeke; from half-
pay, to be ditto, vice Weaver, recited on balf-pay k First
lieutenant Charles; Dalton, to be Seeopd Captaini .Secoud
Lieutenant Thomas Congnive Robe to be First tientenaat ;
Gentleman Cadet Edward Thnlal to tie Second lieutenant ;
Captain Alexander tavalle 'Mower,' froth' half-Pay, to be
Captain; First Lieutenant William Fraece,-front half-pay, to
be First Lieutenant; Captain and lirevctilicutenant-Colonel
Richard Secker Btough to be Major ; First Lieutenant James.
• Robert Colebrooke to be Second Captain ; 'Captain William
- Clibborne, from half-pay, to belCaptahil Virk Lieutenant'
Charles Gostling, from half.pay,%to be Flew Lieutenant ; Se;
cond Captain and, Brevet-Alajor Robert . Ilutckinson Ord,
from half-pay, to he Second Captain, vice Macleod, retired
on hall-pay; Second Captain Thomas Gi-anth4m to be Adju,
tent, vice Macleod.
jledleal Establishment for the* Military Departtnenti of the
Ordnance,
Second Assiatant-Surgeon teas Cannot, M.D. to Vs. Pint
• Assistant-Sargeon, vice Sraniland, Acce+*e4 ; Second Assist-
ant-Surgeon Morgan Nugent, from half-pay, .to. be Second,
Assistant-Surgeon vice Cannon, iirdnintei ;" FirSl Araiitant

Surgeon James Vet tivienleifipti; to be:First As-
sistent-Surgeoo, vice loocke, retind on isalfloi•
. Mr. INlzares_i the,King..s Messenger, arrived at
. .
Dover lace. On. Sunday- Avithl. dispatches from
.oariog to an, .rued banditti. infesting 'the'
PyrPneas.-10143 *Wit ever ,one that passes,,he.liird been
detained AtiTnicrsa,lsercan railesi south of St.:Bebas-
ties's, waiting for t n•escOrt to guard hirriltross the
nenntains. On the Governoren St. Sehassian's send-,
!ag-.00 aanieddetachrnent of 100 men for the purpose',
kikirroceedeska his journey. and ultimately succeeded:
In reaching the trench• ten itory.svithotit molestation:‘
Go his antral at 11-goalie-he found that 141.. de La-
GAnge, the late-French AmbassaJor at the- eotirt of
Maiirid,:it9d2arrited theme its safety; antr iiuti pro-.
ceded hiess-isu a shOrt timer and, on journeying on:
Mr. MeAtrii overtook acrd sYssed bias on dul•
rood; Rekwes -repsesent rah* hiltianisiftfr story
ttt frljr7.4-starevf-thriirearest diso4eer aird 4enkfusion,:
ankOiat daugdroab for ist:l (MS: to'isiiss in the
. .
inanity 'of the ryrenecsovidiout taking the precaution
of haying an armed escort to dittelld 'LLCM. .

COURT OF CHANCERY-THIS D.Y. • •.

GOVERNMENT OF PERU.
)kir. HEALD moved that the Ippearanee which had
been entered last Saturday, by a Solicitor cf the
Court, on behalf of the Ministers Plenipotentiary of.

lbe—fictretranut
same having been entered into htadvertently, witheras
the regular authoeity of these Aliisisisrs
tiary. ,Thii be move& on the affidavit of Mr. Coles,
'who 4,a partner lei' this house of Amory and Coles, its
the aiirol...l.cosukosto ,hichicirOss .of eminence, which
'tinted-that' deponeebeing in. Court on Saturday,.
:IFhen gt-44te4,. int injunction; (..1 an
~
iiplilication against tie defendant, together with •
ca:-tain merchants,of tLe ditY of IlAtidon, who were
regular clients .of. thenslepticiesst insdhis partner, he
went and entered' art-appearance for them all, imii:-
gining that the MiniskitsrlenipntentiarroftlieGovent•
went of Peru wciiald ippeir tbgethifr with his regular .
clients; but it now turned out.that, asthese Ministers
Plenipotentiary were actiiig in their putlic capacitji.
they could not sanction anything that was not in snit;
conformity to the most rigid practice, because they
would have to justify themselves to their Goverment.
at home, upon the most punctilious forms. This Soli:
citor, therefore, for his °xis security, as well as foe
that of those Ministers, wished this appearance, thus
inadvertently entered, should be set aside. Beside
this, there was the affidavit of a gentleman of the
name of Kinder, which detailed all the facts out of
which this ca,e arose, but which were not necessary.
to he stated to the Court on this occasion ; the main
object here was, to confine the case to rigid practice;
that these Ministers Plenipotentiary might be able
hereafter, inlhe most formal manner, to justify theme
selves to the Government of Peru.

The LORD CHANCELLOR.—" You most, at all
events, alter your affidavit, Mr. Ileald, because I can- •
not sit to hear it stated here, that an application is.
made on behalf of the Ministers of the Government..
of Peru. I know.of no Government, until the Go•
vernment of this country acknowledges it as such."
Mr. HEALD.—" Not on an aflidavit, my Lord?"..
The LORD CHANCELLOR.--" No, not on an allicla-.•
vit. I ordered that part to be altered the other day.
To state .that you make the application on behalf of
.persdns exercising the power 'of Government, is like
Allowing a greatcoat around you to hide your dress."
Mr. 112Ato.—" This application is not connected
tinif . Government, it is only male to enable
them to justify themselves hereafter."
The toon-CtrawcELLon--" See the difficulty yna
put me under by this.course; for, by thi,, it would
appear that I am taking.aotice of a Government that
1 knew nothing of, end can know nothing of, sitting
here irr the King's Court. If I Were to admit this
description to be uponthe file ofttis Coto t,- I do not
know whether you might not come here by and bye.
claiming privileges-of any kind, I cannot tell what, ua
behalf of pet sqnss I cannotteak whom. It is very easy';
for you to alter your heiCreVit so as to make it admit
sible. lam not bOtind to know, or to admit, that there
is such a (overnment as the GovernMent cf Peru.
There may be such a Government; but I have no
authority to iiii-thitithere is. • I know of no (lover*.
merit but such as is ackna..wledged my'Sovereig*
It it-should appear that this Solicitor has inat•
vertently appeared for parties without due authority,.
that should not operate to tit:, prejudice of the de-
fendants ; that Solicitor may be peintitted to set titsi
right at his own expense, by a probe,- affidavit, not
by. this ;•but earinoCgiele-persons a cha-
racter which I have no authority to recognise."
Mr. HEALD said, that the affidavit should be al-
tered according Itis Lordship's suggestion ; sad,
that done, he hoped he might be allowed to move k
again ; to- which the Lord Chancellor assented.

The preditction-•of the *teed Kea's Speech at Parliy^:lit..
calterforth the 'following letter, addressed .to the Editor oral.,
Journal ens -*au -; " Sra-..gcnile perfOns attribute. to me this
incorrect cOmmunication of the Kura of Etta t. ahn's Speech, ever
to severalanhe Papers( ft it.:o Sir, Importance to my, to put I
stop to this misiiket'ami I entreat you• to insert my deatial of it'
hi yoUrtftext tittinbe?.. .": s• tv lain, &c. We.
" Parts, Peb..7. . " .I. DE tkOTIISCIII0."
.. . ..
Aga% of ptclspockets, disguised in masques nod donshad,.
followea `‘their avocation" with impunity,. for sonultitnu, at di
Masquerade, on .Monday night. They were, however. at length
discovered §1 the Police-Officers, and several di ml Auto
custody, whi have been sworn to by persons piutulcrei
KING's:TREATIIE.— Rossi Nits'Opera of .117'ancreili
was performed last night, and went off to the high
satisfaction of the audience.:. Madame BostoOsmi
and Signor REINA wore honoured-with general api
plause, and each with an encore. '
DRUIIN-LANE THEATllE.—List.night there was a
delightful Alusical treat at this House. • The °pit?'
was Guy
,Mannering. Miss SICEPHIENS made her ibit
appearance-on these boards, sustaining the character
of.Luey Bertram. Miss §TEPHENS, as may be inn-
ginedt was receited with 'that enthusiastic warmth to
which her superior talents and acquirements so justly
etititted. her.nts . She sang with all ber;wonted enchant-
ing finishtyle, and introduced the Soldier Lade&
with great effect.—Mr. BRAJIAM, as Henry Bertram,
rendered his character more impressive thin u)llal,
by introducing an old Scotch song,_called La ush4l4.e'
to Kelvin, Grove, '6omuie Lurie, .01 and. the tied. 4.4
of Abercrotabie.—A Mr. Summit, from the l'Okir
Theatre, made his debut, apiiemling is Devidie L
wontP
a character of -which Art. gii sty died
.
to make ab much. lie possesses a Bond 4Ohlotry dig-
kct, and he delineated the nycsltipted demeanour
lof the rustic with hntun4r kvd,4l!ty4 44i 449,Pe .
was crowded to excess, ell/II in ton lips.. ' - • •
MATHE;I4 success is America eif eilitiii Ile?tuiforiteclented:
.; e has not only given-his various enteinailitwenifirto nuoscriteded
audiences, butle has also remnietiitriitilitilV. Pi 411 regular.
rartra.; and his profits, we Lietit,• itikt,s4cialrisk fro'sterttg.
er night upon the iverag6 ‘ '`4•,..' '' 'C' - '" ' * '.
We. are sorry ;0..an110441We. klittmlefikiwnf. Cattail)
rANDOLPH, of Sevenoiki; farKttil in ?))kglfilcit
f a fall from his. horse while 'IA-11 On. i: ofi.
'day se knight : he linger& at:,*fii.
,V.' .44. 07
4,11,,
be was carried, Until Alonoay. ~:fr.
.0141.14
the prioie of life, and' sOn •of kk.:BASPewllvi'latei
Bishop of LONDON. .• ..: :s -Nut ft, ;sm .: tcv. tails'
• ii. ... ..1-4. • 10c... ry'l 72t7. /6 Virn
CORN EXC DA NDE, .141PE.1:41/litr. FaiLl•Mk
. We havc hail but feWNatrilidi since Momisy,feivi gilt tar
' doing this morning. The prices of all de $. 001111110:
titan u per our last quotations : wiehavolaslstwanalhlentl.
' this week, In couseques.ict of Allezpiassitriippcjiigivgill4
1 stock. .. ''....., . 0:4. ih •, t

s LONDON: Prlntel! aud rubliPhr.l by 1 TIM WI i'IC A/A . i
Flap, Itaver-liat.