Star. — London, England, 1809-06-07 00:00:00

FROMTHE DUTCH PAPERS. FARIS, MAY 49. • Yesterday Te Dana was performed, and in the even: ing the whole city was illuminated. An order has been issued, that the Austrian priso ners of war, who are natives of Saltzburg, Berchtin gaden, the Inn district, and Upper Austria, be incor- - porated with the Bavarian troops. From Augsburg it has •been written, on the 22d, that General Lauriston entered Gratz, the capital of Styria, at the very same time when Prince Eugene en tered Klagenfurth, in Carinthia. There is no hostile corps to prevent the union of the two armies. The remainder of the Archduke John's army have thrown themselves into Carniola, probably in order to pro. teed to Croatia ; but there they will meet with Ge neral Marrnont. 11•IUNICH, MAY 20. The Duke of Dantzig, on the 15th, ordered Lieu tenant General Baron Von Wrede to repair with the second Bavarian division from Rottenberg to Schwarz. The advanced guard met the rebels on this side Brix legg. Our troops were soon able to quell the flames of rebellion, yet the rebels endeavoured to dispute the pass of Zell. Driven from thence, they retreated to a chapel, and sent seven deputies to the foot of the mountain ; but no sooner had Baron Wrede advan ced with a trumpeter and a few light horse, than they fired upon the whole body and killed the horse of a corporal of ordnance ; but a few grenades from the hand of Lieutenant Colonel Baron Von Gravenrenth dispersed them. However, the division could sot pr&eed on their march to Rothholz, without being exposed to a heavy fire from the rebels. At Roth holz the rebels redoubled their fire from both sides of the mountain ; but they were dispersed by means of the Kasper's battery and some musketry. When the van approached the town of Schwarz, an Austrian battalion, some cavalry; some battalions of the Landwehr, and some rebels, were perceived advancing. Baron Wrede instantly caused the ar tillery to be brought up, in order to turn them back; but ►hey threw themselves into the town, and it was easy to perceive that they, the Austrians, had formed the desperate resolution of defending it. As the ground was favourable, Baron Wrede himself led on the Leiningen regiment of light infantry to the attack of the Austrian battalion. That was routed, and great numbers of them put to the sword, or taken, prisoners.. A part of the Austrians, with the rebels, threw themselves into the town, while another part. attempted to destiny the bridge ; but they were pre vented by the Kasper's battery, but in order to hin, der that being done, it was necessary to drive the enemy out of the town. The carabineers of the Ist brigade having made themselves masters of the suburbs, a battalion of the Sd regiment of Duke Charles entered to take the town by. storm.. Baron Wrede p‘..tiated twice into the town, but was forced twice to retreat to the prin. cipal church, as the Austrians and rebels shot from the houses upon the Bavarians. At length the ISth rwiment of infantry took the place by storm: All who were in the streets or houses were either put to the: sword or taken prisoners. Among the litter are three Captains, iind 182 soldiers, of the Austliassa re giment Devaus. The slaughter was dreadful, and the courage of our troops incomparable. Tile bridge was .taken, during - the storming, and the whole division deployed on the plain before the town, on the left bank of the Inn, behind the village Dorp. The:en...tinder of the enemy were pursued to the village Tersens. The division was too fatigued to proceed any further that day. Scarcely were our troops in bivouac when the two suburbs were set on fire by the howitzer-grenades which had been thrown in, and in half an h our t h e y were in fl ames. The inhabitants having fled, the Lieutenant General sent part of two regiments to ex tinguish the flames ; there being no utensils at hand, they did not succeed till the following day, and that with great trouble. In the evening, at eight o'clock, a high wind arose, which blew the sparks upon the roofs of the houses which had escaped before; the re :minder-of the town caught fire; -there was nothing to oppose to the flames ; and thi s town , once so flourishing, has been converted into a heap of ashes and ruins. On the same day the enemy attacked font times Major-General Von Becker's chin of advanced posts, butwere every time driven back. We have jest received the tidings, that the whole of the Tyrol has capitulated ; 30,000 troops of the line, and 6000 of the landwehr, are said to have be come prisoners of war. • . . • • .MAY 22.—We have just receiv ed official intelligencel that the Tyrolese rebels have laid down their arms, and surrendered at discretion, and invoked the clemency of his Majesty. The ,armistice of 36 hours, which had been panted them, ended on th e 19 t h at s i x o'clock. The insurgents solicited anothe r arm i st i ce of 24 hours, and a fterwards of one hour ; but both were refused. The Austiian Majors Von Feither and Teimer came to Lieutenant-General Von Wrede, in order to present him dispatches from General Chasteler ; but General Wrede refused to receive them, and answered Major Von Feither, who pro posed a capitulation in the naive of that Generq, that the Bavarians would not assent to any capitula tion but as conquerors, at Inspruck ; and this, in fact, took place at four o'clock of the afternoon of the same day. The rebels, full of consternation and repentance, have laid down their arms, and returned to their dwellings.— Peace is perfectly restored. • MAY 23.—From Bregenz we have received the int..l portant intelligence, that the rebels in the Voralberg have thrown down their arms• and that the Austtians,l who were in that province, have evacuated it. • General Cletsteler, who is ill, and who is cursed by the "lsyrole, retreated on the 18th with the remains o f his army over the Brenner, towards Steinach ; but it is probable that he will not be able to reach Carin thia, since General Macdonald, with a considerable': corps of the Italian army, has, proceeded from the Italian Tytt , l to that part of the German Tyrol through which 'General Chasteler has to pass. I.IirfiVIGSBPI2G, MAY 21. The has been published here officially : ths I:th inseam it was aimminced, that the enemy Wal and about two Wit/tents of horse to mak , un a.trrupt upatno Lintz. A bri ga d e o f infantry. ch:ears, took an advantagtott3 po bition at AlathaiPen and Helmansoild, on the right bank of the w rta b n; 41.dthe tindge was :Ito occupkd by Brig idler General fangte4P. But the encrily pvnetratica with :Lou m a by PiiRLMMEN7I4Rr PROCEEDINGS. HOUSE OF LORDS, JUNE 5. Evidence was heard in the Cninmittee of Privileges respecting the Stafford Peerage.—Further consideration on Tuesday next. The Vote of Credit Bill, the Militia Pay Bill, and other Bills, were brought up from the Commons and read a first time. The Customs Consolidation Bill, the Irish Loan Bill, the Irish Treasury Bills Bill, and the Judges Bill, were read a third time and passed. Tie Local Militia Amendment 13i1l, and the Irish Militia Pay Bill, passed througaCommittera and were reported. On the Order of the Day for going into a Committee on the Irish Militia Fandlies Bill, . The Earl of HARDW iCKE made a few obserra' ions, chiefly for the purpose of having it more generally known that provi sion for the families of Mili!tamen in Ireland was made out of the Excise. Antra few words from the Earl of LIVERPOOL, the Bill passed through the Committee and was reported. On the motion of the'Earl of HARD WICKE, an account was ordered of the amount cf sums applied to the relief of the families f ot militiamen In Ireland, from 1803. The Earl of SUFFOLK withdrew his motion respecting M. de Charmilly, the latter having circulated a letter, stating that he was corning home to Clear his character. The third reading of the Lean Interest Charge Bill, and the Committee on the Office Sale Prevention Bill were postponed till to-morrow. SMALL DEBTS-IMPRISONMENT TOR DEBT. Lord ELLENBOROUGH, On moving to post pone, for three months, the second reading of the Fe -1 versham Small Debts Bill, took the opportunity of calling the attention of the House to the mischief) which resulted from the number of bills that had been passed for erecting Courts for the recovery of small debts, where, instead of cheap justice, cheap injusti c e was dispensed. It would be Intinaely preferable to legislate in this respect upon some general, principle which should apply to the whole kingdom ; and with, this view, a Noble and Learned Friend of his had k' in contemplation to bring in bill to render the County Courts efficient for• this purpose, aid to ex tend their power in cases of debt to 51. • . The Earl of DARNLEY defended the bill. The LORD CHANCELLOR and the Earl of MOIRA highly approved. of the principle stated by Lord Ellenborough. Lord REDESDALE stated, that it was his inten tion, in the course of next Session, t o p ro p ose a Bill for the purpose already mentioned, and allowing Other persons besides Freeholders to be on Juries in the County Courts, which would prevent the measure from being burdensome to the counties. He had also in contemplation an alteration in the Law of Arrest, by extending the amount for which the party migbt be arrested to a larger sum than 101. He likewise had it in intention to frame a measure something si milar to the principle of the curio bonorum in Scotland, by which theleading provisionsof Insolvent A cts should be permanently incorporated with the law, and the means thus afforded to imprisoned debtors of obtain ing their liberty, on surrendering their property under certain restrictions, He intended to propose some measure of this description inthe couneof next session. The Earl of MOIRA expressed his high satisfac tion at the notices given by the Noble and Learned Lord.—The Bill was ordetedto be read a second time this day three months. SCOTS JZ:DfCATURE. The LORD CHANCELLOR moved the tli;rd reading of the bill to afford further time, (till No vember next) for the Commissioners to report upon the Scots Judicature. Earl STANHOPE spoke at length upon this sub ject, and entered into all the principles and details of the proposed measure. He complimented his Noble and . Learned relative (Loid Grenville, learned he called him, because he had studied the, laws Of the country, and because he was once in the learned pro fession) for hit manly and just attempts to give the Scotch the benefit of the Trial by Jury. He thought that it was very difficult to thew that the Scotch peo ple should not hive that benefit ; they were in fact better educated' than the people of this. country, with the exception of certain diatracts, and more likely to be fit, good, and erne Jurymen. If it was argued that they were not so fit to receive that blessing as the people of England, that would not do, for the argument must be Pushed farther, and it must be maintained that they were more unfit than the people of England were hundreds of years ago: and what was the state of the people of Englaod SOO years ago ? Why, their Lordship might forget, that about that time, in - the reign of our Edwards, there was particula* application of 'an old privilege of ours, he • wimp, the benefit of Clergy, rather of a curious sort. The .benefit of Clergy was at first intended only 'fee those who could read :,---After wards, it was farther extended to other persons of rank and situation ; and it, wits then enacted, that it should extend to all their Lordships, to all Peers f Parliament, temporal and spiritual too; that is to say, to my Lards the Bishops, as well as to Lay Lords. Noer,-:it' was enacted by that 04tutit?; - . (of 'which he read a quotation) that Any temporal, Lord, or aarßishop, guilty. of hrghwirt tcsSbery; 'or douse. breaking, or horse-stealiv, might plead the benefit of Clergy.—(4 iasigh.):-.Suc . was the state of our fore-fathers. And yet, at that time of ignorance, it was not thought improper to entrust common *pie with the rights, duties, and privileges of*Jurymen.— And if we in the dark days of ignorance were fit to he S 3 entrusted, could it be argued that the shrewd and knowing people of Scotland were unfit to be en trusted, in this enlightened century, with a similar right ? It was impossible to maintain that argument. His Lordship then entered into a variety of modes by which the desired object might be gradually accom plished, and pointed out the means afforded by the difference of special and general verdicts, and by the facilities that might be given to the Court in the first instance of making the verdict special or general. — He likewise dwelt for some time with much ingenuity of remark on the alterations in the forms upon which issues depended in eases of trial. He also made many observations as to the mode of deciding by precedents. If for instance there were 21 precedents, a Judge must decide by considering the first, second, and third precedent, and so on to the end of the chapter, "and then find out which were the best precedents, or the most numerous ones, in order to make up his principle of decision. In some cases, as in the law about " Powers," he had counted about 1600 prece dents. Well ;if a Ridge had to decide in such a case, what could he do ? Why, perhaps he might be some great Legal Chyonist, who could speedily de compound and analyze all these different precedents, and ascertain all their various qualities, and extract all their particular juices, and out of them all con:lieu:lda fine /wilt, of which he would make a most excellent principle to guide him in his decision. But this was not sure work. He declared himself friendly to the introduction of Jury trial in Scotland ; but unless his noble relation had any thing to move immediately on this subject, he should be ouliged to give the Com missioners a little more time, though he - thought there was no reason for unnecessary delay. Lord GRENVILLE reviewed the great delays that had occurred in this business, which had been originally proposed by him in June, 1806, and which had been put aside on the change of Administration, when Parliament was dissolved, without being suf fered to do any more than to undo what was propo sed on behalf of the people of Scotland. That sys tem of procrastination was sedulon:ly pursued, till at last a Commission was appointed, nominated by the ' Crown, near the close of last Session, and now, instead of their labours, we had one report, and a ruc tion to give them another twelvemonth to consider what they would do. A Bill was brought in without .notice (and he did not know of it till withitutwenty four hours of one of its most important stages), to extend thea. time. This he had and would repro- , bate. A Noble and Learned Lord (Erskine) knew nothing of it, though one of the Commission, till he :old him of the circumstance. He contended at great length on the propriety of Parliament acting` for itself, and not acting on the op;nion of the Scotch Judges, who could not be supposed to be favourable to the introduction of a Jury, which was a species of popular . controul on their authority. Still he did not mean to speak with disrespect of those Judges ; but, lie had found that no man would deny that the alter ations wished for were most desirable. The applica- i don of the principle; he had never denied, involves! many dfficulties ; but the question . of (am mutt be 1 sacrificed to , the essential merits of the Measnre. ' He then, while he admittederery thing in favour of the Commis.sionershaividtialty condemned them for their conduct in some particular:. There was one circum- Stance. most important,' to which he begged their Lordships' attention. The Report itself admitted the evil.; -but by an assumption of the strangest kind, as sumed a pow,cr which the A c t o f P ar li a me n t never gave them. The warrant in the Sign Manual he had never seen, but must suppose it was Worded atca ding to the Act. : Hermit remark, 'that though the Act passed on the Sid day of July, yet . the Sign Ma nual. only bore the date oithe ?Ai of November, and the instrument was not received in Scotland till the 20th of November. That made him incline now to afford the Commissioners farther time. But he mug a,k the Noble and Learned Lord whoseotScial situa tion made him partkularly loGked at in this matter, why that delay occurred ? The report noticed that gross and scandalous anomaly in judicial proceedings by which persons who had obtained the sentence of the Court of Sessions were yet, before they could obtain the consequent advantages, compelled to get a copy of the sentence, or, as it was in Scotland le.; gaily expressed, "an Extract of the Decreet." He had much information on that point. In one case, that copy cost an individual 12001. and, in another case, where the whole property in question was from 5301. to 6031. the charge frr such copy was above 3001.. ( Hear.) Was it lit that such monstrous abuses of Courts of Justice should exist a moment longer?— Was it not a standing disgrace to the country, if we permitted their existence a moment longer, 'after the developement of the facts by a Report of the Com missioners ? And yet these Commissioners elected emselves into a Committee of Supply, and did that than which nothing could be more unconstitutional and dangerous ? They said, that while they stated the evil, they waited till a compensation was arranged for the clerks, and other persons who received fees out of these monstrous and horrible charges. Would any Noble Lord say, that the Commissioners had any thing to do with this part of the subject ? Were they appointed, (appointed as they were by the Crown) to enter into the consideration, far less to settle the arrangements of the biirthens that were to be borne by the public ? No; it was that House and the other House of Parliament especially, that were to consider of the demend of compensation by money to any person who might be injured by any regula tion beneficial to the community. He protested, ne vertheless, and was sure that no one would propose or support any thing that could go to destroy the means of individual subsistence, and to take from him that to which he had been legally accustomed tq look . for his support or - his comforts ; but surely their lord shipi could not refuse to pass, at this (as he under stood) late period of the Sessions, a bill to remove this flagrant and crying evil. He had drawn up a Bill on the subject, which he meant' to offer to their Lordships. Suppose any person placed in a situa tion, sitnilar to those he had described, between the present time and that to 'which the existence of the Commissioners was to be prottleted wonlc! U. ;tot 11! • have reason to condemn their Lordships for the hard. ship 'and injustice he suffered, through their I.orclshipa supineness, after the acknowledgment contained in ti, report they had received? His Lordship concluded,afte many observations on the administration of justice, and the abuses that had, by length of time, crept into it, by pressing the importance of the present subject. The LORD CHANCELLOR remarked on many of the points of the last speech. He denied that he had any intention of taking the House by surprize in his. Bill to extend the duration of the Commissioner s , and appealed to a Noble and Learned Lord ( Lord Ertkine) who had just come in, for his opinion on that subject with respect to his motives. He felt that there were many difficulties in the present question. As to delay, there was siime time required ia Scotland to arrange :I.e Courts, in consequence of the last Bid enacting a new division of them ; besides, there was a circuit in land as well as here. He had selected the Commis. sioners from the Judges both here and there. r:om Advocates, Special Pleaders, Writers of the Signet, and others, the best qualified to give advice and in. formation. He maintained there was no particuhte delay, and asserted his original opinion, that the first Bill (Lord Grenville's) was not founded or teem_ mended upon sufficient information respectingthelaw. and practice of the Courts of Scotland. Lord ERSKINE spoke with much argument and eloquence in defence of the original Bill of Lord Grenville. He admitted that he had not attended the Commission, and said that he did not see what great good he could do in that Commission. He con sidered the forms of trial in Scotland as not easily to be adapted to Jury trial, and he thought that in such a case we should sacrifice these forms, notwithstandin g their antiquity, to the great advantages to be derived from trial by Jury, which he thou g ht t o b e t h e on l y way in which his native country could experience the best blessings of justice. He adverted to the numerous Appeals from Scotland, on which it was almost im. possible to do justice in that House. Indeed it wa , l almost a standing disgrace to the laws and to the House. He cast no personal reflections. The marvel was, how the business was got through. When he had the honour, for a short time, to preside in the Court of Chancery and in that House, he had stated that to be his opinion. But he did not think the opinion of the Scots Judges, on whom he passed a high eulogium and tribute of praise, to be the best ground work en which their Lordships could form their judgments.— The Jury were a popular controul on the Judge ; and the introduction of it might not be palatable. If a man went into the New Forest, and called the ani mals there together, and asked them how they liked saddles and bridles, it seas pretty Rely that, if they had the power of speech, they would give their opi. nion against any such innovation. We have not morn to enter any farther into the spirit of the Noble and Learned Lord's speech. •Lord'REDESDALE spoke for some time, and Objected to the extent of the proposed introduction of jury trial in Scotland. In some respects he thought jury trial objectionable, as in the case of an action in a bond, in which, and other cases, he thought the law of Scotland wiser than our own. His Lordship de. fended the conduct of . * CoMmissioners, and stated his opinion, that the original- bill was introduced without sufficient knowledge or information respecting the Scots Laws. . The Bill was then read a third time, Lord MULGItAVE moved for a Commiqee of Privileges, upon which .str:tagers were ordered to Vet-dm*: Upori . the House be:irig re-opened, we found Lord Grtincvitin p resentin g his: Bill " For the Relief of Suitors in thceoprts . of SOlgland ;" which. after various obseri‘atioris from Lord REuEsDALE, the LORD CfIANC EL Loki •and . 'tOrd ERSKINE,. was read the first time.--. The discussion Oti the Loan Bill was postpoLed till to-morrow.—Adjourned at half past tem. HOUSE OF COMMONS, Sir EDWART) KNATCHBULL presented a Petition from the Debtors' it the Gaol of Maidstone, praying relief.—Order,d to lie on the tabl•. 'The Insolvent Debtors' Bill was read a third time and passed. Lord OSSULS EON asked when tile Return to the Order for an Account of West-India Offices would be made ? Mr. HUIKISSON stated, that though, the Account was very complicated, it was probable that par: of it would be presentta before the end of the Session. Lord VALENTIA gave notice of a motion on Thursday, for certain papers connected with transactions in India. The Vote of Credit Bill was reported. To be read a third time to-morrow. The Military Inquiry Commissioners Bill was reported ; to be read a third time to-morrow. The Pension Duty Bill was committed, reported, and ordered to be read a third time to-morrow. Mr. GRF.ENHILL gave notice that he would early in the next Sesaicni, move for leave to bring in a Lill for tke more dire:nal examination of Witnesses, in Courts of Equity, in England and Ireland. 1 he Stage Coach Bill was read a second time. The Irish Militia Bill was read a third time and passed. The Coffee Dszty Reduction Bill was read a first, and brdered to be read a second time to-morrow. A Message from the Loris announced their assent to th. Irish Loan Bill, and others. Mr. CREEVEY postponed the notice respecting the House in Downing-street for the President of the Board of Controul till Thursday. SPIRITS INTERCOURSE SusPENsioN BILL. The Spirits Intercourse Suspension Bill was read a third time. Mr. Nolan, the Counsel, was then heard against the Bill. Sir JOUN NZWPORT I Mr.HUTORIN:ON, and Mr. GRATTAN objected to the Bill. Mr. FOSTER and Mr PER.CRVAL supported it. 'f he House divided. For passing of the Bill 74—Against it 13. EAST-INDIA TRADE. Mr. PRENDERGAST called the attention of the House :a the state of the East-India Private Trade, and Contended that pr:- rate merchants were very hardly treated by the Directors of the Company, who made these individuals keep pace with the prodi gality with which the trade of the Company was carried on. He further contended, that the Directors had not fulfilled certain en gagements which they had come under, to give facility to the pri vate trade. To prove this, he moved for several papers of va- • rious dates, from 1797, to the present time, consisting of Calcut:a Gazettes, Memorials to the Directors, I.etters of Marquis Wel lesley, Lord Melville, &c. &c. Mr. C. GRANT affirmed, that every attention had been paid by the Directors to the interest of the privaje merchant that was consistent with the privileges of the. Company. I:ut the truth was, that nothing could satisfy these Gentlemen short at having the trade;throWit completely open. He had no talked= to the , production of the padres. Mr. CR EEV Y observed, that • the mercantile transactions of the Company would come to be considered when the East India Committee, to which these papers had been Warred, prev'nted its Report. But he thought the Hon. Gentlemltiwho introduced the subject, might have said Eunething as to the politicaltvils connected with India, such as the seizing of kingdoms, &c. In his opinion it was preposterous, after the conduct of the Marquis Wellesley had been so point e dly con d emne d b y t h e Di r e cto rs. that no measures had been taken topreveut future Cuilienaments from .following a similar course. Mr. DUNDAS said **As akipilillisidseitiodit.tbe conduct of lord Wellesley I • r - 4 5' 0 •- ot is • /• • ~ILe.ett).c • a 1 e Gall-Neukercheu, and 6000 men by Heltnanstidd, the WUrietel. berg corps were obliged to retreat over the bridge. • . " On the 16th the enemy did not advance ; but on the 17th, with a greatly superor force, he attempted to make himself master of Lintz. The whole army of Bohemia, 26,000 moo strong, un der the command of Count Kollowrath, attacked during the whole day the Wurtemberg corps, which could hardly send against them a detachment of 10,600 men. Bat the valour of the Wurtem bergers supplied the want of numbers. " At one of the afternoon, the enemy drove In oar advanced posts as far as Katzbach ; but Colonels Bruselle and Wolf, with their battalions, took a village by storm which lies on a rock, and covered the Austrian right wing. The regiments Neubron and Chull attacked that wing and routed it. The left wing of the enemy was also attacked, aid four cannons taken. " But while our troops were pursuing the enemy, another Au strian column endeavoured to cut off their communication with Lintz ; but hil‘jor General Hugel succeeded, with two battalions of chasseurs, in gaining the castle of Steinruch, which is placed on a rock, and commands the country. He passed through the Austrian riflemen, and drove the enemy's column into flight. " The loss of the enemy consists in four pieces of cannon, 22 Officers, and from 800 to 1000 prisoners of war ; but of the latter not more than 300 have remained in our hands, for the rest took advantage of the darkness of the night and escaped into the woods." DECREE. " irom dor Imperial Camp at Ratisbon, April :14, 1809. " NAPOLEON has decreed that— ' " Article I. Sequestration shall be put upon all the estates of the late Princes and Counts of the Empire, and Members of the Equestrian Order, who have not conformed with the 7th and . 31st Articles of the Act of the Rhenish League, and especially of these who continued to fill employments, civil or military, in the service of Austria. " 11. The es:aces shall be confiscated; to wit, one-half for the benefit of the Princes of the Confederation of the Rhine, as an indemnity for the expences of the war, and to indemnify their subjects on account of requisitions, expences, and other losses occasioned by the war; and the other half for our benefit, both as an indemnity for the expences of the war, and in order to reward the officers and soldiers of our army, who have rendered the greatest servicts in the course of the campaign."