London Gazette, Jan. 14.

Copy of a letter from Brig. Gen. Morrison, C. B., to the Adj. Gen. of the Army, dated Arracan, 10th May 1825.

Sir: I have the honour to enclose, in original, two despatches just received from Brig. Gen. M'Bean; one, dated 23d April, announcing the Occupation of the island of Ramree, and the other the 5th of May, that of Sandowey, on the Main.

From both places the enemy timely retreated, and though they did not afford an opportunity for the display of British valour, his Excellency will be gratified in learning, that on both occasions such ardour was displayed as gave assurance that the

service would be maintained with honour and credit.

The directions of the Governor-General have now been so far fulfilled, that I may report the Burman arms to be expelled from the Arracan territory, and that the four provinces of Cheduba, Ramree, Arracan, and Sandowey, are now subject to the orders of his Lordship.

I have, &c.

J. W. MORRISON, Brig.Gen. commanding S. E. Division.

[The despatches above referred to are inserted in our last vol. p. 724.]

DECCAN PRIZE MONEY.

A decision has at length taken place upon the points in dispute respecting this important subject.

The details given in an article which may be found in our last volume, p. 59, will afford a concise view of the circumstances of the case. It is merely necessary to premise, that the claims of the Deccan army related to property classed under three heads: 1. the Poonah booty, composed of treasure found at Poonah, gold and jewels dug up at Nussuck in Candeish, treasure found in the Peishwah's forts, and deposits made by that prince for warlike purposes. 2. The Nagpore booty, found in the territories of the Bhoorlah rajah. 3. The Mahidpore booty, being the spoils of the Mahratta camp after the battle, captured by the Mysore cavalry.

The transactions relating to this question were brought, in the article referred to, down to April 1825. On the 2d June the trustees made their report to the treasury, in which they stated, that the nature and amount of the booty captured, and the circumstances of its capture, are Asiatic Journ. Vol. XXI. No. 122.

very different from what they were represented previous to the minute of 5th February 1823, and warrant of 22d March; that no booty had been captured at Nagpore, that none had been realized at Mahidpore, and that the crown had no claim upon the East-India Company on account of booty captured at those places. They stated that it would be difficult, if not impossible, to ascertain under what circumstances and by what troops the daily captures had been made (which they stated did not exceed the amount of £150,000), that the army of the Deccan did not capture the treasure of Nussuck; that the flight of the Peishwah was caused by the operations of the whole army, and that the deposits of money were not even known till June or July 1818, when the Deccan army was broken up. Before the trustees submitted a scheme of distribution, they therefore prayed the direction of the treasury.

The Lords of the Treasury, Dec. 6, convened the counsel for the respective claimants, and stated to them (see p.103) the substance of this report; fixing the 6th of January for the day on which they 2 R would

would hear their arguments on the objections. On that day their Lordships accordingly met.

Before the argument commenced, Lord Liverpool stated that a memorial had been presented on the part of Lord Hastings, praying a reference of the whole case to the privy council. This the Board of Treasury thought impracticable; but wished to know whether both parties would consent that what remained to be decided, as to the application of the warrant, should be heard before that tribunal.

The counsel for Sir Thomas Hislop agreed; but Lord Hastings' counsel objected to a partial reference.

Mr. Harrison and Dr. Jenner were then heard for the Deccan army, on the objections to their claims on the report of the trustees. They denied any misstatement or assumption of facts unwarranted. They were prepared to shew that the booty taken at Nagpore was protected by no capitulation, and that the East-India Company had no right to withhold it. The booty at Mahidpore fell into the hands of the Mysore horse, as was admitted; here was a capture, although the booty was not realized. The trustees laboured under an error in point of law, if they considered no treasure to be actually captured of which the army did not take manual possession. To establish the position that capture did not mean seizure, but acquision of dominion over property, several cases were cited, e.g. that of Chinsurah, where the Company were compelled to refund the proceeds of a suit instituted upon a contract made by the governor of the conquered place previous to its capture, as prize appertaining to the crown. On this principle, they contended that the army acquired a vested interest in the whole booty, arising from the captures at Nagpore, Mahidpore, and Poonah. If a different principle prevailed in Indian warfare, and possession were essential to the - title of the captors, the army could seldom claim; for, on the instant of capture, the civil servants of the Company assumed the control. The difficulties anticipated by the trustees in ascertaining the divisions entitled to participate in particular captures could not exist; for statements of the services of the various divisions had been made out, and could be furnished, which would suffice for a scheme of distribution. If such difficulties did, however, exist, this was no reason for transferring the booty to a third party.

Mr. Adam and Dr. Lushington, for the Marquess of Hastings and the grand army, simply considered whether the booty referred to by the trustees was, under the warrant of his Majesty, prize to the Deccan army, or distributable amongst the whole forces. That instru

ment gave to the Deccan army all the booty taken at Poonah, Mahidpore, and Nagpore, before March 31, 1818; but they were entitled to nothing else, unless they could shew they were the actual captors. In default of such proof, the booty captured must be distributed, by virtue of the warrant, amongst all the forces. In regard to the doctrine imputed to the trustees, that possession was essential to capture, it was nor fairly deducible from their report. Though manual possession might not be essential, the dominion must be clear and absolute, not doubtful. How did the case stand with reference to the several classes of booty mentioned in the report of the trustees? The treasure found at Nassuck could not come under the head of booty taken at Poonah, for at the time of the adjudication their Lordships knew not that any considerable sum had been acquired in that open town. Had the Deccan army proved their title, because some of the divisions passed through Candeish in pursuit of the Peishwah? This capture resulted from the general operations of the campaign. The same principles applied to the deposits and arrears of tribute. the booty in the Peishwah's territory were referable to the final overthrow of that prince, it could only be the property of the whole army; for Col. Adams, who defeated the Peishwah on the 17th April 1818, and Sir John Malcolm, to whom he surrendered on the 3d June, were both under the immediate orders of Lord Hastings.

If

Mr. Harrison, in reply, observed that he did not consider that the question now related to the claims of particular divisions, but whether the booty belonged, under the warrant, to any part of the army. The booty was captured by some division or divisions of the army; and this capture, he contended, took place when the Peishwah was expelled from his dominions, and his territories were conquered. All the public property then vested in the crown; and if it so vested, was it not granted to the conquerors?

Although the Peishwah did not surrender till afterwards, the booty taken in bis dominions belonged to those who compelled him to fly. But how could the grand army claim to participate on the ground of his personal surrender, when it was dissolved on the 11th February?

After hearing these arguments, their Lordships, on the 16th January, came to the decision recorded in the subjoined documents, which, being highly important, we insert entire.

Treasury-Chambers, Jan. 18.

Sir: I am commanded by the Lords Commissioners of his Majesty's Treasury to transmit to you, for the information of

the

the Marquis of Hastings and of the Grand Army, on whose behalf you are appointed to act in the matter of the Deccan booty, a copy of a Treasury minute of the 16th inst., containing the decision of their Lordships upon the points therein mentioned; and I have also the honour of conveying to you a copy of their Lordships' minute of the 28th of September, upon the reports from the Duke of Wellington and Mr. Arbuthnot, which induced their Lordships to deem it necessary to hear further arguments on either side, on the subject of this booty. I am also to state, that the trustees have been instructed to prepare a scheme of distribution, in conformity with the decisions contained in the minute of the 16th instant, in order that my Lords may submit the proper instrument to the King for carrying the same into effect under His Majesty's authority. I am, Sir, your most obedient servant,

(Signed) J. C. HERRIES. Lieut.-Col Doyle, agent for the Marquis of Hastings and the Grand Army. Copy of Treasury-minute of 16th Jan. 1826. Present-The Earl of Liverpool, the Chancellor of the Exchequer, Mr. Berkeley Paget, Lord Lowther, Lord Granville Somerset.

My Lords, assisted by the Trustees of the Deccan booty, Lord Bexley and the law officers of the Crown, having heard counsel on behalf of the Marquis of Hastings and the grand army, and also on behalf of Sir Thomas Hislop and the army of the Deccan, upon the subjects of discussion relating to the distribution of the Deccan booty, which have arisen out of the difference between the actual circumstances attending the capture of a large proportion of that booty, as stated by the trustees, and those which were assumed at the hearing before their Lordships in January 1823, and having maturely considered the arguments severally stated by the counsel, and also the whole of the documents upon the subject of this booty now before the board, are of opinion

1. That with respect to all that portion of the booty now at the disposal of the Crown, which is described as having been "taken in the daily operations of the troops," the distribution thereof should be made to the actual captors, according to the terms and conditions of the minute of this board of the 5th of February 1823, and of the warrant of his Majesty of the 22d March following.

2. That with respect to that part of the booty which consists of the produce of arrears of tribute, rent, or money due to the Peishwah, it appears to my Lords to have been acquired by the general result of the war, and not by the operations of any particular army or division; and they are of opinion that it ought, therefore, to be

distributed in conformity with the alternative stated in their minute of the 5th of February 1823, as being "the only correct or equitable rule, if the principle of actual capture cannot be adopted, viz. amongst the forces of all the Presidencies engaged in the combined operations of the campaign."

3. With respect to the property captured at Nassuck, my Lords are of opinion that the booty recovered at that place cannot be distributed upon the principle of actual capture, and ought, therefore, to be divided amongst the forces of all the presidencies engaged in the combined operations of the campaign.

4, With respect to the booty recovered at Poonah, alleged to have been removed thither from Rai Ghur, my Lords are of opinion that this booty cannot be distributed upon the principle of actual capture to the forces by which Rai Ghur was taken, under the orders of the government of Bombay, unless it can be proved by the captors of Rai Ghur that the property in question was actually in that fort at the time when it was taken: in default of which proof, my Lords are of opinion that this booty also ought to be distributed among the forces of all the presidencies engaged in the combined operations of the campaign.

5. With respect to that portion of the booty which is stated to consist of money recovered on account of deposits made by the Peishwah, my Lords are of opinion that any part of the property which can be proved to have been in Poonah at the time when that place was captured, viz. on the 17th of November 1817, ought to be distributed to the captors of Poonah, according to the terms of the minute of the 5th of February 1823, upon the principle of actual capture; but that with respect to those parts of the above property as to which such proof cannot be established, such monies or effects must be considered as having been acquired by the general result of the war, and, as such, ought to be distributed amongst the forces of all the presidencies engaged in the combined operations of the campaign.

6. With respect to the share of the commander-in-chief in the distribution, under the several heads above enumerated, my Lords are of opinion that the Marquis of Hastings ought to share as commanderin-chief in all those cases in which Sir Thomas Hislop is not entitled to share as such, under the terms of the minute of the 5th of February 1823, wherein it is declared, "That Sir Thomas Hislop, as commander-in-chief of the Deccan army, and all the officers of the general staff of that army, are entitled to participate in the booty which may arise from any capture by any of the divisions of the army of the Deccan, until the said army of the Deccan 2 R 2

was

was broken up, on the 31st of March 1818."

My Lords are further of opinion, that the general rules of division hitherto adopted in distributing booty to the forces in India, among the several classes and ranks of the army, should be adhered to on the present occasion.

Copy of Treasury Minute of Sept. 28,1825.

Present The Earl of Liverpool, the Chancellor of the Exchequer, Lord Lowther, and Mr. B. Paget.

His Grace the Duke of Wellington and the Right Hon. Charles Arbuthnot, as trustees of the Deccan prize money, Lord Bexley, and also the King's Advocate, the Attorney-General, the Solicitor-General, the King's Proctor and Solicitor, attend the board.

My Lords resume the consideration of the papers relating to the Deccan booty, and read a letter received since the last meeting on this subject from Sir Thomas Hislop, dated Sept. 17, 1825, setting forth the peculiar circumstances under which he is placed with regard to the booty captured by the army of the Deccan while under his command, and stating "that the great body of persons interested in the event are extremely urgent to obtain information as to the claims laid before their lordships, and a knowledge of the scheme of distribution which may have been recommended by the trustees, before these important matters are submitted for his Majesty's approbation.'

My Lords, after having advised fully with the trustees, and also with the law officers of the crown, upon all the circumstances of this important case, and more particularly upon the very material difference between the facts connected with the capture of the booty as now ascertained, and those which were assumed in the plead.. ings before their lordships in 1823 by the counsel for the several parties interested, and upon which their minute of the 5th of February 1823 was principally founded, deem it proper that the particular attention of Sir Thomas Hislop should be drawn to the terms of that minute, and that he should be informed that the trustees appointed by his Majesty's warrant to collect the booty, and prepare a scheme of distribution, have reported as their opinion, that, with the exception of certain sums, amounting together to about £150,000, the produce of sales of captures made in the daily operations of the troops of the army of the Deccan, no booty was cap. tured at Nagpoor; that none has been realized that was captured at Mahidpoor; and that the whole of the booty, with the above exception, now at the disposal of the crown, fell into the hands of the officers of the East-India Company after the army of the

Deccan was broken up. That these facts being different from those which appear to have been assumed in the arguments addressed to their lordships in January 1823, they deem it to be indispensably necessary, before they can proceed to submit to his Majesty a scheme of distribution for the purpose of carrying their said minute into effect, to afford an opportunity for any further explanation and remark, with reference to these circumstances, that the parties may be desirous of offering.

My Lords at the same time desire, with reference to those passages in Sir Thomas Hislop's letter of the 17th of September, in which he complains of having been deprived of information on the subject of the claims of the army of the Deccan, that his attention may be recalled to the communication from the trustees to him, dated the I 4th of January 1825, (confirmed by another of the 14th of September 1825), in which they informed him, in reply to his application "for permission to inspect the papers and documents furnished by the Court of Directors respecting the booty captured," that they were willing "to submit those documents to his examina. tion, or to that of any number of his brother officers that he might name to them;" and they further desire that it may be stated to Sir Thomas Hislop, that my lords, upon a full consideration of the whole of the correspondence between him and the trustees, have entirely approved of the measures adopted by them, and are fully satisfied that they have pursued the course which was the best calculated to do justice to all the interests concerned in the important trust confided to them, and to lead to the speediest and most satisfactory execution of it.

66

LORD HASTINGS.

The Marquess presided on the 26th January at a grand Masonic festival, at Freemasons' Tavern, in honour of the birth-day of the Duke of Sussex. His Royal Highness having, in proposing his Lordship's health, adverted to his policy in India; the Marquess, in reply, observed, I may have committed errors whilst conducting so majestic a vessel; but it should be remembered that I was often obliged to act upon the spur of the moment. Instead of 70 millions (as the royal duke had stated) there were 100 millions over whom I ruled whilst Governor-General of India; and in all that population, there was not one state that did not acquiese in the supremacy of Great Britain; and that acquiescence arose from a conviction that it was most consistent with their own happiness. And why so? Because they saw that all intercourse with them was conducted upon the principles of immutable justice."

PROMOTIONS

PROMOTIONS AND CHANGES
IN THE BRITISH ARMY.

(SERVING IN THE EAST.)

4th Light Drags. Capt. A. W. Bishop, from h p., to be capt., v. W. Heydon who exch. (22 Dec.) -To be Lieuts. Lieut. E. Newton, from 9th F., V. Cox, who exch. (15 Dec.); Corn. J. A. Henderson, by purch., v. Smith prom. (31 Dec.)-To be Corn. by purch. C. Cumberlege, v. Henderson (31 Dec.)

1st Foot. Capt. A. S. Taylor, from h. p. 22d F., to be capt., v. C. Hendrick, who exch. (22 Dec.)

6th Foot. To be Lieuts. Lieut. S. M'Queen, from h. p. 17th F., v. A. Smith, who exch. (22 Dec.); Ens. R. Curteis by purch., v. Browne prom. (31 Dec.)-To be Ens. by purch. J. Lumley, v. Curteis (31 Dec.)

13th Foot. Lieut. D. Humphrys, from h. p. 99th F., to be lieut., v. J. Kemple who exch. (10 Jan.) 14th Foot. Hosp. Assist. H. L. Stuart to be assist. surg., v. G. Evers who ret. on h. p. (15 Dec.)

20th Foot. Capt. J. W. Stuart, from h. p., to be capt. paying dif., v. White app. to 32d F. (15 Dec.); Ens. W. Child, from 67th F., to be ens., v. Wybrants, who exch. (17 May); Ens. R. T. Forlong to be lieut. by purch., v. Smith prom. in 93d F. (5 Jan.); A. Boddam to be ens. by purch., v. Forlong prom. (5 Jan.)

45th Foot. Lieut. J. Reid to be adj., v. Potts who res. adjcy. only (10 June).

47th Foot. Lieut. J. Hutchinson to be capt., v. Forbes dec.; Ens. E. M. Frome to be lieut., v. Hutchinson; H. Bristow to be ens., v. Frome (all 2 Apr.)

48th Foot. Hosp. Assist. A. Esson to be assist. surg., v. Fenton dec. (5 Jan.)

54th Foot. E. W. Dixon to be ens. by purch., v. Orde app. to 37th F. (15 Dec.); Ens. J. B. Dodd to be lieut. by purch., v. Potts prom. (31 Dec.); F. W. Johnson to be ens. by purch., v. Dodd prom. (31 Dec.)

67th Foot. Ens. S. W. Wybrants, from 20th F., to be ens., v. Child who exch. (17 May).

59th Fot. Ens.J.Peacocke to be lieut. by purch., v. Chichester prom., and A. Hartford to be ens. by purch., v. Peacocke (both 24 Nov.)

69th Foot. Capt. F. Glover, from h. p., to be capt., v. J. N. Reade who exch., rec. dif. (5 Jan.) 83d Foot. 2d-Lieut. R. Anstruther, from 21st F., to be lieut. by purch., v. Haggerstone prom. (29 Dec.)

87th Foot. Br. Lieut. Col. T. H. Blair to be lieut. col., v. Brown dec.; Capt. W. S. Gully to be maj., v. Blair; and Lieut. E. Waller to be capt., v. Gully (all 6 June); Ens. J. Thomas to be lieut.. v. Waller; and J. Storey to be ens., v. Thomas (both 11 Nov.)

89th Foot. Lieut. A. B. Taylor to be capt., v. Redmond dec.; Ens. T. Prendergast to be lieut., v. Taylor; and J. Graham, from vol. 54th F., to be ens., v. Prendergast (all 22 Apr.)

97th Foot. Capt. R. Giles, from 61st F., to be maj. by purch., v. Paterson prom. (31 Dec.)

Ceylon Regt. Lieut. J. Mainwaring to be capt., v. Campbell dec.; and 2d-Lieut. C. Warburton to be 1st-lieut., v. Mainwaring (both 18 June); J. F. G. Braybrooke to be 2d-lieut., v. Warburton (22 Dec.)

Allowed to dispos of their Half-pay: Capt. W. Black, 4th Ceylon Regt.; Capt. Paterson, 97th F.; Capt. J. Bird, 87th F. (all 31 Dec.)-Capt. M'N. Morgan, 97th F. (14 Jan.)

INDIA SHIPPING.

Arrivals.

mouth.-21. Bengal, M'Leod, from Bengal 27th Aug.; at Liverpool-also Amity, Johnson, from Bombay; in the Clyde (for Greenock).-22. Boyne, Lawson, from Bengal 14th Aug., and Madras 8th Sept.; at Portsmouth.-23. Lord Amherst, Lucas, from Bengal 31st July, and Madras 6th Sept.; off Dover-also Mary, Steele, from Singapore; at Deal.

Departures.

Dec. 23. Fortune, Moore, for Bombay; from Greenock.-27. Asia, Stephenson, for Bombay; from Portsmouth.-29. Castle Forbes, Ord, for Madras and Bengal; from Portsmouth.-Jan. 3. Clydesdale, Rose, for Madras and Bengal; from Portsmouth.-4. Sisters, Duke, for V. D. Land and New Zealand; from Deal.-5. Georgiana, Haylett, for Madras and Bengal-also Darius, Bowman, for Bombay; from Deal.-12. Edinburgh, Bax, for Bombay and China-also Regalia, Burt, for N. S. Wales; from Deal.-13. Abercrombie Robinson, Innes, for Bombay and China; from Deal.-15. Norval, Conbro, for Cape and Bengal; from Liverpool.-19. Berwickshire, Shepherd, for Bengal and China; Ganges, Lloyd, for Madras and Bengal; and Lord Lowther, Steward, for St. Helena, Bombay, and China; all from Deal.-20. Thames, Haviside, for Bengal and China; from Deal-also Emulous (steam packet), Williams, for St. Jago, Cape, Ceylon, and Bengal; from Portsmouth.-23. Circassian, Douthwaite, for Bengal ; from Gravesend.

PASSENGERS FROM INDIA.

Per Asia, from Bengal: Capt. Kelly, H.M.'s 54th regt.; Mr. G. R. Paul, civil service; and Mr. H. Thomas.

Per Admiral Cockburn, from Batavia: Mr. and Mrs. Shend; and Mr. Vande Zande.-(Capts Ellgood and Sergeant, H.M.'s 55th foot, were landed at the Cape).

Per Heighington, from Penang: Ens. de la Tany, H.M.'s 87th regt. ; and Mr. Dixon.

Per Lord Amherst, from Calcutta: Rev. Mr. Sargeant; Mrs. Sargeant; Misses Julia and Helen Sargeant; Master M.Sargeant; Miss G.Sargeant; Mrs. Carroll; Miss Mary Carroll; Master John Carroll.(Dr. Carroll died at sea 4th Aug.).-From Madras: Lieut.Col. Andrews; Lieut. Col. Kelly, H.M.'s 45th regt.; Mrs. Kelly; Lieut. J. H.Cramer, 4th N.I.; Lieut. Steward, H.M.'s 45th ditto; Lieut. Hodgson, ditto ditto; Lieut. Maloney, H.M.'s 89th ditto; Dr. Piper, H. M.'s 45th ditto; Dr. Baikie, 6th Madras Cavalry; Dr. Stewart; J. H. Marshall, Esq.; Miss Spicer; Ann, female servant to Mrs. Kelly. From the Cape: Mr., Mrs., and Miss M. Hovill; Ens. Deletaing.

Per Tiger, from Bengal: Capt. Waterman, H; M.'s 13th regt. ; Lieut. Maline, ditto; Lieut. Coote, H.M.'s 59th regt.; Lieut. King, 89th ditto. Lieut. Mayne, royal artil.; Mr. Wadsworth; Dr. Bell; and Capt. William Fisher, from the Cape.

Per Bengal, from Bengal: Mrs. Lister and three children; Lieut. Wilson, artil.; Lieut. M'Donnel, 97th regt.; W. H, Campbell, Esq., cadet; and one native servant.

Per Harriet (lately arrived), from N. S. Wales: Capt. and Mrs. Boyce and five Children; Mr. E. Reyner; Mr. Le Burn.

Per H. M. Tees (lately arrived), from Cape and Ceylon: Mrs. Marryat and two children; Lieut. Elliott, R.N.; 60 seamen, invalids.

Per H. M. Liffey, from Ceylon, &c.: Capt. Blankley and officers of H.M.S. Sophie; Rev. W. G. Boyce, of H.M.S. Boadicea; Lieut. Murray, of H.M.S. Leven.

Per Boyne, from Bengal: Capt., Mrs., and Miss Heatley; Miss Smith; and E. Ashley, Esq.-(A. Ponton, Esq. died at sea).

PASSENGERS TO INDIA.

Per Georgiana, for Calcutta: Mr. and Mrs. Ashton; Mr. Arbuthnot; Capt. and Mrs. Smith, 54th regt.; Miss Moore; Dr. Maxwell; Dr.Spens; Capt. O'Mera, 45th regt.; Messrs. Birley, Reynolds, Bukley, Abbott, Fisher, Ironside, Robley, King, King, jun., Dunlop, Tyffe, and M'Garrel, cadets; one servant.

Per Abercrombie Robinson, for Bombay: Mrs. M'Leod; Miss Elliot; Misses Charlotte, Fanny, and Jane Ironside; Capt. Bishop; Cornets Hen

derson,