།། 4 1 1 the capacious mind of the present Chan- 1525] complain, presumptuous in me it would be to dispute the propriety of their decisions on that head. I cannot complain of such of their proceedings, for their hands were fettered by an Act of Parliament, a certain road was pointed out to them to pursue; thus far, they were told, thou£.600,000 in Exchequer Bills, the instant shalt go and no farther; they did so, and after eight years patiently and arduously pursuing the only path they could pursue, (with alas! eight years additional sufferings to the claimants) they have I verily believe, although from the nature of my situation, I can have but limited informa tion for my assertion, honourably arrived at the last stage of their proceedings.-The Board have decided, that £1,420,000 are due to the Claimants; and to our cost, to the cost of the unfortunate sufferers, the Board no doubt regretting their total inability to award us 20s. for every pound of our bonâ fide demand, and which they determine to be justly our due, can award us only £.600,000, which is after the rate of £. 46. 8s. 10d. and a fraction per cent. after waiting and partaking of every human affliction for thirty-six years and upwards: voluptas solamenque mali. I must, however observe, for I wish to be minutely accurate, and I profess it to be far from my intention to misrepresent even the most trifling circumstance, that to the sum of £600,000 there is to be added £59,493 (included in my calculation of the ratio of per centage before mentioned) produced by investing a portion of the composition money in Exchequer Bills; and which if such proceedings had been originally adopted, would have produced consideranot sooner bly more; that this was adopted, I presume not to attach culpability to the Board. It cannot be supposed that their attention, amidst the weighty business before them, could be suffered to be drawn aside and diverted to the distresses of the claimants, or to the possibility of affording any additional relief to them, from the fund deposited in the Bank of England, subject to the disposal of the Board; they had enough to do in the exercise of the duties imposed upon them by Act of Parliament, and beyond their limited duties, they were not bound to go, or to view the distressing state in which the Claimants have been suffered to remain for nearly forty years. But it is somewhat surprising, when the Bill was brought into the House of Commons, for apportioning the £.600,000 among the Claimants, that it did not present itself to that sun was paid over by the Americans But although the Board have decided that out of the sum of £. 5,408,766. 6s. claimed by the British creditors for debts due from the citizens of America, a sum of £. 1,420,000 only, is due and chargeable on the fund of £.600,000, non liquet, that the balance of £3,988,766. 6s. is not bonâ fide due to the Claimants; or, that this latter sum is fraudulent charge brought forward by dishonest Claimants or desperate adventurers; no such thing.-The Board have correctly decided, that the deficit we are at present compelled to submit to, comes not within the purview of the composition; that the American government were not responsible for it, and consequently, that we have no claim on this fund of £.600,000 which was to clear away claims on the ground of existing impediments in Courts of Law, and otherwise against the recovery of our demands, that that deficit due from persons well able to pay in the years 1775, and who continued well able to pay until the date of the Treaty of Peace, but who might have immediately afterwards become insolvent, did not enter into the contemplation of either government, which confined themselves to losses by, or in consequence of, impediments alone. But they have not decided, I will venture to say in one single instance, that that deficit arises from fraudulent charges by the British creditor, or by reason of any improper proceeding whatever on his part. If such be the case, and I boldly venture to challenge those who by virtue of their official situations cannot but know the fact to disprove my assertions, I submit to every unprejudiced person, for as to argument to prove the propriety of that which I advance, it is unnecessary, having heretofore adduced my reasons in support of my present assertion, whether the government of Great Britain is not morally bound to make up to the Claimants, the remaining sum of £. 3,988,766. 6s. I will not occupy a greater space in your paper than is absolutely requisite, by succinctly shewing, as I have in my former communications done at length, that government is bound to indemnify an individual, in all cases where his property has been surrendered, or sacrificed, or taken from him against his will for the collective good; but I will merely advert to the case of the American Loyalists, as they are termed, who have been indemnified for their alledged losses; they were men, I speak of the major part, for undoubtedly there were some among them who merited every relief which has been extended to them, and whose communications to government were sincere and founded upon correct date, from whom Great Britain received not a single even tual benefit; on the contrary, by their misrepresentation of the general inclination and temper of the Americans to the British government, the British government was induced to add millions to the National Debt, and thousands to the tens of thousands it has been the fate of this country to lose of its subjects, to its fallen heroes; some of those remunerated Loyalists have been paid for the loss of property estimated at a value which had America continued under subjection to Great Britain to this day, would not have produced to the Claimants a single shilling: Compare this description of characters, with the estimable and truly essential mercantile character of British merchants in the scale of benefit to the British nation, which of these, if either, should be sacrificed? To which of these is Great Britain most beholden, and which of these ought she, is she bound on the broad ground of general policy, to uphold, not sacrifice, remunerate, not impoverish, support, not suffer to languish in prison, foster not annihilate, cherish, not drive to desperation? Assuredly that man, or body of men, from whom she has received and yet does receive assistance, and by whose means she is enabled, how much soever you and I, Mr. Cobbett, may differ in this respect on the subject of Commerce, to support her existence. So long as the government of this country has to boast of our capacity to support the National Debt, and under which we are told we have stood firmly and proudly stood too, (but that this country may swell that evidence of her prosperity as it has been deemed, to an unlimited or additional extent, is to my mind disputable,) so long do I contend that Commerce is absolutely ne cessary to us; and to support which the mercantile interests of the country is not the least contributory to it; the mercantile interest, therefore, should not, it must not, be anathematized and maltreated, as have been the American merchants, those I mean, as I am, or alas! rather once was, of the old School, our halcyon days, the Golden Age of Commerce should be restored and encouraged, for with the advantages resulting to individuals, are incorporated reduplicative benefits to the state. One word to you, Mr. Cobbett, by way of Episode; That commerce may be at all times and under all circumstances requisite to the flourishing condition of the country or contributory to its existence, I, with you, deny; although perhaps upon very different grounds;-Had this country not 1599] to uphold the great National Debt, which | to indemnify us, not only contribute more we all labour to maintain, I grant that than our proportion to the exigencies of commerce would not, to the extent it is the State, while our brethren and fellow carried, be requisite, nor perhaps at all ne- subjects equally reap the resulting benefits our Colossian with us without contributing one shilling, cessary, but so long as but we are rendered unable to resort to shoulders have to support the Debt we our debtor, who becomes released from have to bear with, I consider commerce, our demand without our sanction which and I think you will accord with me, to arose from the mutual contract between be absolutely requisite. But to resume; -If government should, however, be of debtor and creditor, and which contracts opinion, that the deficit of £. 3,988,766. 6s. ought not to be rescinded, except by the same authority, unless the resulting benebe a compound of fraud and incorrectness, and that it is consequently not bound to fits to the State may require it; and even not then, unless compensation be ultipay; or, if it is deemed not bound to indemnify the individual, for acts adopted mately made to the individual. It is by them tending to the collective good, much to be regretted, that after so long a lapse as eight years, during which and which, in my opinion, they are morally bound to do, and in various in- the Board have sat upon the subject of stances have done, surely in every point these claims, the amount paid is not quite of view it is bound to make good the loss 10s. in the pound, upon those claims which or deficit between £. 1,420,000 and the Board deem to come within the de£. 659,493. The Board have decided, scription of the treaty of peace of 1782, that claims have been made amounting to and the subsequent treaty of amity, commerce and navigation, entered into in £. 5,408,766. 6s.; of these they determine 1794; much more beneficial would it to be good, £. 1,420,000, striking off a sum of £. 3,988,766. 6s. ; but that although have been to the Claimants had they been they decree £. 1,420,000 to be good, yet told eight years ago, as they are now by they have only funds in hand to the amount the Board, we can allow you only about of £. 659,493, to discharge the sum of a ninth part of your claims to come upon the composition fund, and of that ninth L. 1,420,000, because government, to part, which we estimate to be as much as maintain a good understanding with the you might possibly have recovered in United States, chose to sacrifice and abandon, pro tempore, the British merchant, and America, had the Courts of Law been open elected to offer him as an expiatory sacri- to you there, as they should have been, fice at the shrine of the republican go- and as they were by the Americans vernment, which is after the rate of agreed to be, that fund enables us to give £.46. 8s. 10d. per cent. not ten shillings in you £46. Ss. 10d. for every £100. bona the pound! But surely if government fide due and owing to you; if such bad been then told to the claimants as it chuse, or is compelled, for political reais now, years of misery, of expence, of sons, to sacrifice the creditor by surrendering his bona fide claim, or which is tan- expectation, of fruitless hope, would tamount by compounding for it for the have been spared to the miserable and general good, the collective body is bound lingering creditor. Had such been done to indemnify him, and apportion that boon eight years ago, it could then but have to the American government, a surrender been what it is now, a mere mechaof the British merchants property among nical estimate and ratio.of division, formed the many, instead of suffering the whole by the Board in the same manner and on weight to fall on the individual: Such the same fallible grounds, as do juries asever has been the case, except in the in- sessing damages in a complicated cause, stance hitherto of the British merchant where it is not possible to arrive exactly at the truth, and which they are nevertrading to America before the Revolutionary War, and it would be singularly hard, theless obliged absolutely to decide with if in the present case a novel rule should their oath of impartiality before them, be adopted for the establishment of a pre- and on a close and diligent investigation cedent unjust and injurious in the highest of all circumstances equitably, according degree, founded on individual ruin. By to the best of their judgment adopt; and compounding our Debts on the part of go- which, giving the Board the utmost lativernment in our behalf, and without pre- tude of good conduct, is at best but a very viously consulting us or obtaining our uncertain and fallible judgment. Seeing sanctions, we should, if government refuse how the decisions have been ultimately made it is also to be deplored, that those who have had the good fortune to procure large awards, and those who have had but a very small amount of the composition money dealt out to them, have been equally subject to expence; and that those who have been at infinite pains in procuring testimony from America at enormous expence, have fared but a shade better in the general estimate, than those who have done little more than presented the statement of their cases. It is the duty of government to relieve its subjects, on one portion of whom the adoption of certain measures unavoidably tends to partial injury; and the least government can do, is to indemnify the creditor to the amount acknowledged to be their due, but to pay which we are told, the American government did not advance a sufficient sum, when the British government deemed it to be politic to release the individual British creditors' demand upon the American debtors: And to effect this purpose, it does in my opinion behove the Board, in the report of their proceedings which will be incumbent on them to make to government on the eve of the final sittings, to set forth to view the just claim the creditors have to be indemnified, at least to the extent which the Board have decided their claims to be good; and which claims were by the treaty of peace with the United States, undertaken to be paid to them by the debtors or their government. But far indeed beyond this extent have we fair ground of claim upon the British government: By the treaty of peace was secured to us, or proposed to be secured to us, the non-existence of impediments, but in the calamities of war there are various injuries resulting to the subjects of a power making war, the charge of which must be supported by that government, for the burthen can neither be cast upon the resisting power, nor upon individuals of either state: Of such injuries are among others, those of losses, the necessary and unavoidable consequence of the general calamity-ruin, the war brought on multitudes of debtors who were alive at the end of the war-from confusion in which it had involved the affairs of others who were dead, and whose estates had fallen into the hands of administrators negligent, dishonest, or wasteful, embracing injuries arising from the general calamity, and excluding those which arose from direct or evasive impediments of the law; the greater part, therefore, of our bona fide claims which the Board have rejected, arises from the natural and necessary consequences, of the war, and consequently are not chargeable upon the fund of £.600,000, but upon the fund of the British nation, those claims have not been rejeeted, because they were fraudulent, but because the fund did not apply to them. Surely the magnitude of the loss to a portion of the subjects of Great Britain, and which they are unable to bear, should be taken into consideration by the state, and the burthen made to fall equally upon all. The following short statement will perhaps elucidate my subject without trespassing upon you by further explanation at large: Total amount of claims, ster- £. Ditto, decided to be good The Board have de- upon the American government, to be as above For the satisfaction of which, the British government compounded with the United And to which add inStates, for............ terest made on exchequer bills, part of that fund.... Deficit, which the British government acknowledges to be due to us, but from the payment of which the American government has been released 1,420,000 0 3,988,766 6 1,420,000 600,000 59,493 659,493 760,507 There can be no question that govern ment should indemnify us the amount of L.760,507, because it is acknowledged ing been brought forward, we broke ground last night.-The enemy have retired their main body upon Llerena, and hold the advanced posts of their cavalry at Usagre. I enclose the copy of the report of MajorGeneral the Honourable William Lumley, of a very gallant affair of the cavalry near that place on the 25th. The Major-General has reported that he received very great assistance, upon this occasion, from Major Holmes of the 3d Dragoon Guards, who was acting in the department of the Ajutant-General, and from Lieutenant Heathcote, of the Royal Dragoons, who was acting in the department of the Quarter-Master-General, as well as from the officers mentioned in his report. Camp near Usagre, two A. M. Sir-As will have been stated to you yesterday verbally by the officer I sent for that purpose, I have the honour to acquaint you, that having, as I before reported, driven the enemy's rear guard from Usagre, I occupied that post on the night of the 24th, by placing the Spanish troops in front of the town, with their Tiradores well in advance towards the enemy, and the Portuguese and British cavalry, with the four six-pounders, in rear of the place; a small brook, hollow and deep ravine, and narrow defile, being on this side of the town. About six o'clock yesterday morning it was reported to me that the enemy's cavalry were advancing in force, and that there was reason to believe they were accompanied by artillery and infantry; conceiving reports might exaggerate the fact, and not wishing to yield the post to inferior numbers, the 13th Light Dragoons and Colonel Otway's Portuguese brigade of cavalry were ordered to cross the ravine to the left of the town, through the narrow fords and passes which had been previously reconnoitred, and Brigadier-General Madden's brigade of Portuguese cavalry in like manner to the right, with orders to retire by the same passes if necessary, The heavy brigade of British, with the guns, being still in reserve behind the town.-Upon the nearer approach of the enemy, it was evident they were advanc ing with the whole of their cavalry, and five or six heavy guns (eight pounders.) This being ascertained, and upon opening their first gun the line was ordered to reWe invested Badajoz on the 25th in- tire, which they did slowly, in excellent stant, on the right of the Guadiana; and order, and without loss; the Spanish troops the ordnance and stores for the siege hav-filing on the main road through the town, OFFICIAL PAPERS. PORTUGAL.THE WAR. Downingstreet, June 15, 1811.-A dispatch of which the following is an extract, has been this day received at Lord Liverpool's of fice, addressed to his Lordship by Lord Wellington, dated Quinta de Gramicha, 30th May, 1811. |