Star. — London, England, 1816-02-16 00:00:00

.~~ ~' , . 1 4 BRUCE, WILSON, AND itUTCHINSON,. Tams 011100:10.1 Of ArreAL AOAIaST TRY 011• or 101 r&tMCN c'okialia Of COUNCIL, OF 30, atria • • • - been atreited and constituted prisoner= IssatiOil 01 having Ossified in the escape, find condemned L:ivelette. • • Tecies.ofottence, even sepposing it preyed, incur* penalties entirely correctionil; We ided •to he releise4 upon contOrina. 114 of the Code of Criminall'rotfl* * requests presented.by us with this vit4 l, osave • 'toby an Ordonnaftce dated the nth of which in the conclusion)r presented by Procureur. porpoits.. to pronounce is Rol; order that the demands as( provisional' ,joiniss akjOads,.in•tonsequenc`e see decide no ground at piesent tut.deterening, demands." demands.being thus in fact.twrusta,. we have necessary to appeal against this Orden act signified to the King's •Proturetir' form.- it. Memoir hai .for its object tq develdim Whig's have been merely peuitqd a>Yt in the • • , fecthin which anus to the Ordonnargi So, is drawn from the contredictionithieb in the text of it, when it is soited•that there is AO ftasber at determine, what reason is there to believe; cetild nut at present deterininec seeing - that decided on the fact by adding tliat the Le &nips& ftroviroire es fonds ? tore 'determined by them, that they would the ptoeisional demand, butter detersula. But when they have decided an le l to result ? One' of two things—. ill be acquitted, in. which case it is no longer stand in need of being pro. at liberty, as we shall be' o defilhithrely, condemned to iMprisoArnerit for' a. which case again it is manifest that demand becomes without en object.' not a siegletypothesis 611 which the . requires . kfinicfs to determine, is eta. tide in our provisional demand, from Wendy results that the Ordonnance is !fining anion& to a provisionatdemand, ily must be determined before /elands: inional liberty must be either granted, it charged be merely correctional, or be re. - ime charged 'be liable to heavier penal.l is only this'alternatiie, and the Chang. had no authority to adopt an inter.: of decision, which, without appearingl demand, did nut however comply with as jamb to the proceedings. , in siniilar cases is, that the demand iberty is determined merely' aeelledllig . cne accusation. If a man is accused of, , hether the fact is proved or not, provi-I never granted to him. If, on the only accused of robbery, such liberty granted to him. be Urged, that Articli.lll uses the l saving to the Judge the faculty of pleasure, or refusing, the previsional tterpreiation may be contested by observing, peurra; employed in Article 114, tc sdaject only to correctional punishment, ,ition to the words tie Imerra jamais, Article 113, respi cant cases whose ion bears with it aillicttve or infamous place it may be added, that what iscrction of the Judge, is sot therefort arbitrary will of the man ; and fol• iterprctation, which has nothing but equitable, we think that the word 114. does not indicate an absolute imparts a direct-obligation to grant Whenever Orli accused claims it. if be situation in Which the law prohibits the ty prohibits the granting it when die ;don bears with it an affl ctive or in- Intent (Art. 113), then it ought to be - case where the title only indicates pensl6er, (Art. 114) ; otherwise it would 'ty of persons that would mike a diffe. decisions of the Judge, whilst, on the ident !trait the different decisions can the diversity of crimes. therefore, is reduced to the verification accusation of which we are the criminal or correctional. that it is purely correctional, the , by virtue of which we remain in pri. only these words, " accused of having escape or concealment of the con. I nagua.' - The escape nr concealment these words to be applicable to the we are charged) constitute merely correctional, according 'to Articles the Penal Code. I" • . , . . . . . . 1 1- • • • • • . ---- I not exist ageinst its any chose .founded upon dieto' pretended circumstances. It js not only in its comenunicatios that the present Ordonnance is vague, it is also in its motises; thus we read, 44 In the mean ease the accusation ought •,• •'' 4 '; •• • I not to be 6sed , till the preliminary process shall he terminated, beause it is only then the ttibbnalcaa with certainty 'reject the demand, if there is a sufficient , presumption of crime, or ip the'ease of a iimple'of , knee, tee the poNver given. to it of granting or no -fusing thelibaration on bail." • Considering it therefaetotanded that thitels not evens a sufficient ?resitiiiiion of crime, we hive a ' right to be astonished - that provisional libetti . has Seen refined its. As tit 'any thing *further, it it is y•stated, that the Prestimptiun is not to be defini. eively fixed tiatil•theprefitnioary process shall be ter krill Limiminated.• is it not to say that there must necessari by 1 delay, till the prennainary undress is terminated,' ,hafore the de l al Vai visional liberty can be de. - tied upon, thoighy according to Article I lei ...The .setting at liberty,. istevidoneUy, may be de r mended ***granted in *Very stage of the eause"-- ifiat ii to say, as well before as after the preliminary *ogees itaerniinated. And the very•simple ream* for this is, that earrecdomil offences can only draw with theni the..patalty otimprisonment ;if, therefore, .a We those accused of them were not allowed to be :ekes., , e ms ed upon bail, they. would be irrevocably subjected' tiefose.hatid to the oily try to which they could `tab be 'ultimately ' . And it is contrary to alb, justice thit the ponishitierft should commence before'. alliance, - apd that thilmodty should be inAicte& `before it has been pronoiiiieed. • It is therefore 'contrary to' an equity, to cleave *it -, .vague presuniptionsor conjectures hazarded op fcf,.. sibilities which' the..preary process hay not realize, should serve as a basis for•refusing, the en. , largentent. 'll the proof of thirTact is still vague q r , title of the acitisation is not that which is fixed, it' Announces nothinig but offences purely correctional, and theiefore it is a cue 'in which our prOvision4 liberty ought to be granted. _ . • But if it is not enough to s how that the pretended aggravating circumstances have no foundation in the opinions even of the /udges, we shall go mach fur ther, by ;hewing that they carrot exist in fact. They dare not say openly, that we have corrupted the guardians •of Lavalette; nor can they reproach us with connivance. They know well that there is nothing absolutely, nothing that presenft the slightest proof of this corruption, of which the allegation with respect to us is nothing but a mere calumny. The expressions of the ordonnauce, a little embarrassed in this particular, give only the idea of 4/ facts of cor.• ruption or connivance imputed either to the gaoler 'or the turnkey of Lavalette, and which would be' of a nature to carry with them afflictive and We.: moos punishment, as well against the principal as the accomplices." But it signifies little, whether the gaoler' of the Sieur Lavalette are accused of corruption or conniv ance, if we r..-e not accusedof having used corruption or connivance with them. It appears; however, that although the terms of the Ordonnance do not state an opinion that we have corrupted the icaolers, yet we are included in the by. pothesis of Article 242 of the Penal Code; and thus we are enveloped iii the conclusion; although we are not included in the premises. • Adininiug, however, that the Ordonnance state* clearly that we have corrupted the gaolers, and that thus we are brought within the penalties designated by Article :AZ . ' . . . This accusation is denied by our conscience, which at 'once rejects as a calumny an accusation supported by no document, either verbal or *linen, and res. pectidg which the Ordonnance itself acknowledges that it has not even hitherto a sufficient presumption. This accusation, we say, can no longer, so f...: as re spects us, be regarded but as a vain pretest, since Madame Lavalette has obtained her liberty provi sionally. In fact, it is impossible to conceive that we have corrupted the Gaolers, in_ order to allow M. de Lavalette to escape, when it is not pretended that we knew that. he was to escape ;—impossible that we . should be accused of his escape without our knowing the day, the hour, the moment, the mode of escape —without being, in a word, in concert with Madame Lavalette (whom none of us have ever sern)—im. possible, in that case, that Madame Lavalette her- self, the virtuous and honourable author of the safety of her husband, should not know that the Gaolers were gained and corrupted, sad that they would shut their eyes ;—impossible, quite impossible, for any koisonable man to conceive, that the Gaolers should be corrupted by us in the interest of the Sieur Lava. 'bar, without Madame Lavalette being informed of it. In this state of the affair, however, Madame de I.avalette has obtained her liberty provisionally. It was undoubtedly well done to grant her that liberty, but it is, at the same time, the strongest evi. deuce that it ought not to be refused to us from a motive, which, if it be at all probable With regard,t• us, must have a much stronger relation to her. ' We are Eoglishmen., but pn account of the peace and good understanding' which prevails between . France and our nation, we ought to bet treatedian France like the most favoured Frenchmen; and it is midi gfief we bud ourselves compelled to notice the difference of treatment our demand has receiired.un. der circumstances which we might call similar,-M-all she shades of variation that separate them were not 'oink* to our advantage. • It . sc{uiosfor us to combat another motive of the Ordaining* drawn frogs this- 1 the =natures practised in order to withdraw from the operation of the law alt individual condemned for the crime of high treason;ought pot to be considered as catmint . ,1114 an enlasty lioe. ear an they iii emekke, le oodw the encellsimess, ow} arceelleg se she bwoulloo wordbood by the Ms and witness ef die losessd o ithish press* iheithenecee d wiesseaslns sod a eumwinicy spine the Governtawa, ail sew iiitaiatiy of it fact igaied es a creme by the km, there eldsdoe okeedy to tbe proceeding, docontents, ea/Went to lloPren WI lawicter on the netting allows against the etkihthoos " • We have already replied to the last part co( We auselve, tboa there had related is thepinceedieg documents aided= to . tem Into a aline a correaional Mimeo obeli* we WV the Council would wet have 'fait .d Itself arijdolog the ee pads. and desidioe dies Mani wen se NMI at prima to point chant oat, or haw. fooodedoo Amide liall WWWWI.I ear detsaad Without detraideiairk. .We *had add to M. (lo order to aosabat witri - atectly the motive), that the tribunals 'abut judge us by NW digits, but by oar acts i and that if.Enplltlemosoonatudirdly radJlog in leaner are obliged fit cantina their enteekm miens * the raise -i 'kis lovis nothing ought to Wader then hilil di** Sr (Mil no the blots et the Seine as oat the boeforri the Thema. Thae, whalers may ''tire' lien tiiir scent iellillasiti, eve • memo= BY MiMRS. CONTAININeTi DOWIpiNCII 0 JAIIVAIIIr 30, • We haire b on the aced's! I Right of the c As this spel 1 , can only inc have del:sande ble to Article The request been replied t January ( Ifilf the King'a Pr lu.vs W e 1I1) I tY.'roienej that there id upon thesaid I Our demani thought it . ne nante, by an in the usual fo . The present • the reasons . V/h act ol appeal. The first obj of January So, is presented in In fact; whe present 10 dote • that they ceold they had decic • Chamber /sin/ I It is therefor not deeideon tli ing on Is fond:. fonds, what is either we shall c'ear we sh a ll vision-illy set at or vke shall be inked time, in our proviilonal It is therefore tribunal which • bled to decide whence it evil ill judged, in joi which necessaril The proviaior the offence char; fused, if the crin ties; but there i, bee of Council II mediate mole ol to refuse the den • it, and joined au The principle . of provisional lib to the tide of tile murder, whether sional liberty is contrary, he is oi may be, and is g Vainly will it I word itosirra, lea granting at his pl enlargement. • um enterpreta that the word pen specting cases Jut), is put in opposit, employed in Art title of :Kew • ion punishment. In the second is left to the discr4 abandoned to the • lowing 'this inter what is truly eq pairra, in article discretion, but im the enlargement is • is not in that ritual granting it. • If the law only title of the accusal lama's punishiiiet granted in every correctional penal be the diversity of • rence in the decii contrary, it is evid • only atise out of The whole, then of the tide of the ject, whether it is We maintain modals de delta, b, son, containing on assisted in the Cl deinned Lavalett (even supposing t fact with which offences purely c • • 2+o and 1.48 of th • It is true that tempts to add to eating CiTCURIIII.II transtoraiing then But what are it gravation 1 They would be connivance with tl 21. Having. in: - tention of an atte vernMetil. We may make, aggravations, a ge %WM& The general re these pretended ci the Judges who b. • Intact if they t least'convietion, vases to saying tt 'at4ti theirs, they' &mad offeifdt, daakaad is an, abs their opinion icy( tectiepal offence ti As they have su Opatore be coact •• • • the Ordonnance of January 30, at uffences purely correctional assn.. ices, which would have the :effected them into crimes. these eircuanta of pretended ag. be Ist. Having used oorruption or die Gaolers. manifested by acts or writings the int attempt .or conspiracy %ain't the'Gop ;e, upon these envtinastaness sn caked general remark a.ndßaidenisr Onset. • .4 remark applicable to both is, that circumstances are nut stated eyed by have issued the Ordemnante. • had, as to those, in that respect the thq would not have limited them: that...there was no reason at present to WOClll.nothave joined the provistisy, bat they would have refund the at;solute and definitive Manner, as is would then be no longer a titzt;ie ci?!. but: an amid crime. not pronotteced Ns refusal, it intuit' concluded with . cettairsty that there dois , im•a i►wk! settriegds. or our CODA& low-countryman, it is auc suds Dadence $ upCb Which we ought to judge We ought net to be judged by thointentions or thoughts we a,, supposed, to hafe , list by the nature and quality ut tue face to we were Second of having killed a num. our provisional Ybarq could ujst be granted to us, but we are accused of having Sired a Frenc r max. . We sdll adhere td the tide of this accusation, and if it is tree "bat It is there so offense, It cannot be a crime. Let us hope,: therefore, that the Cart will do fur us Emilislinsen What it has Apes for Madame de Lavaletie i a ostive of fro gs, that it Tivql bee the Soverden power which the King has givea•to ft for die peps sti ofvevershig the Ordoonance which excites oeljust asst= Oahu* . 90)IT. Taos. Witten, Maj. O. shlw. Noce: '3. H. Huxceissoe. Capt. Ist Guards,. Park. Felt. 5, Isle. THE EVENING STAR. LONDON. • FRIDAY, FEBRUARY 16, 1816. • PR= OF STOCKS THIS DAY AT I WE INC O'CLOCK: Naiad diff--Coas. mo. dl il—for aer..1541 • 4 per Cent: per Calmat)* 90-1446 44. Is. pl% Oatn. 17 pr. pay. 111—Each. Mlle la.da. re. illllllll bate - reeetyed the Faris 0111111i1 . or taws ? . Nothing of interest occurred in the French Chambers an Monday. In various parts of France the disaf fected are still troublesome; but the arm of authority skins to be vigorously exerted to keep them under. p COME& 'IIXTICIOIRDINART Or TUESDAY NORNISO. ; By an Ordonnance of the 'Kin& the renewing of, the biayors and Adjuncts, - which would have taken &place in 1818, *ill take place in 1816, ana so on suc— cessively, every five years. The renewal •of the Municipal Councils, which would take place in 1823, will take place in 1821. 1831, and so en, every ten years. The day before yesterday, during the review, an individual was arrested who endeavoured to diutub the public peace by indiscreet discourse. A letter from Calais of the 18th of February, an nounces that the contrary winds have, fur some days, • interrupted all communication with England. The Duke de Berri this day was at the Barracks of the Celestine% andWriewed the Regiment of Dra goons of the Royal Guards IPARIS, FEBRUARY la. General Kapp, having changed his Patent of , Count under Bonaparte, for the title which his Ma• jetty has been pleased to give him, this day took the oath of fidelity to his Majesty, in presence of the' Cour Royalt% . - - A cooper of Rotten, called Petit Robespierre, has been condemned to two years detention and five years metveillance of the high Police, for seditious propositions. The French frigate Nereide was in the gulph of t • Spezzia at the end of January. She will cruise along the Genoese shores, and act in concert with the French Consul at Genoa, to protect the French Mer chantmen in those seas. Yesterday a discharged soldier named Leon,-after receiving sentence of death for the murder of a fe male with whom be lived, and upon whose prostitu tion he subsisted, declared to the Judges with great apathy, that they would not have done right if they had sentenced him to tw9nty years imprisonment in irons. The German Journals contain the following at ticle :•••44 Lavalette has not gone to England as re ported. He proceeded from Brussels up the Rhine to Manheim, ahre he remained a day. We learn since that he passed through Stnttgard furnished with a foreign passport, which was count tAgned by several Authorities. It is thought he has taken the' road for Bavaria." An Arret of the Prefect of Ille an Vilaine, proved by the Minister of General Police, orders the chiefs, the principal raisers or partisans of the Breton Ex•Coitfederation, viz. General Mayor, Rebillard, Rouessart, end sit others, to quit Rennes in 24 hours and the department itself without delay, in order to be placed under the inspection of the High Police in various cities of the kingdom. This measure has been rendered necessary by the desires still manifested by those individuals to oppose the Goverument. Mails from Hambnrgb and from Flanders arrived this morning. 'The Papers brought by them contAin little of interest. FOttlili is' still at Dresden : lie is bat&eining for esta*i the amount of 100,000 . ~ ... The Debate 216 t night in the 'Mine of Ctimrnoni,, on Mr. Baotuniaar's motion respecting Spain, brought out some useful information. The country. however much individuals may dtfl'er as to the extent of the interference - that might ha* been jtistifiable on ; the part Ulhfinistersin the affairs of Spain. will joiee toleire that they have inferferel ; for the infe- rence must be that they have en4eavottred to check proceedings of some kind or other carried on by Fitaboaams. • Lord BATHURST, we ate happy to say, was con sidered as better in health yesterday. The Foreign Office In Downing-street was lighted last night, for the first time, with gas. On Monday.last WALLIIR O'Gisany ' Esq. second soli of the Loan CHIRP BARON o f Irelan d, was IWOIII into office at the sitting of the Court of Exchequer, as Clefk of the Common Pleas of the Court of Es chequer in Ireland. Yesterday evening the Archdukes lons and La w is with their suites, suited Drnry-lane Theatre. Their " Imperial Highnesses went in the Palace RZCIENT'S t Urines; the seivants in she royal liveries. THE ARkr. 'THE °ERMAN LEGION. • The (aiming are' the highly henou ''nials by which this gallant and meii:or been transferred (rum the British to . ; se:vibe s HANOV.F.R, F; GENERAL ORDEIt. • Haifa-Quattreat, tilt Royal Highness fled-mantas the Us has the pit - attar to eclonintunitate to the [(opt beforelts atisolution, the foßtatthi letter Iron% Rea the Cikitmatatlet-in-Chlef: Hoast-Gusans, Sta—His Majesty's Government has sewn doe Royal German Legion will immediately pa tish into the Hanoverian Service; 'aid I cl aw issishid Corps go from wader my eotuntaid, vel to your Royal Highness, as its last Centre(. its esteem wish which L Jove ikon constantly 1 amduct. a India various sertiees which the Brien! formed in the course of the last Most active war man Ltyjaa has amply contributed i!e share. the /et* which have shed the Inichtest lu•tre may, and has a just claim to share the glory u have been crowned. • a And if before the enemy in the field the bn lbws and soldiers of the Royal Germa n Le g i on tutus% so have its diseiphne and its F ood conduct been stationed in Great Bri:ain or in his posses no less claims *my warmest' g.:::itad: aril ti Wintery. " I beg your Royal Highnes. to communicat, Meats to every Officer and Sold ire of the Royal and to assure them, that whatever may be ihn don, they wUI be every where attended, iudivid they, by my mow sincere esteem, and my min for their honour and bapplaess-1 am, Sir, your i most affectionate Brother, (zi g i.ed) 44 FREDERICK, Comma • " To Field-Marshal the Duke of CantLeidge, 44 Unable as the Duke of Cambridgi to add any thing to heighten this mos testimony borne by the Commander in merits and services •of the Royal Geri yet his Royal Highness cannot part fro without joining the assurance of unalte a. In taking a .retrospective view n events in which the Legion has hi fortune to bear a part, during the bar its service as a British cores, the Dukec constantly remembers with the most a ings the numerous occasions on which i discipline have acquired the praises n under whiise command it acted s still le lonel forget how it 'has been disiingu thanks of the Sovereign and Parliam Britain.. 44 His Royal Highnesi mine: refrain to mind in particular, those trying and e ble.campaigns which the legion made sob, as a pan of the British army—in Salamanca and Vittoria, which have i the.united efforts.of British and German legion bid the imperishable foundation c which their country and the world will la grateful admiration. 44 The Battle el Waterloo alone was a additional splendour on deeds of glory It was here that, animated by the pres Commander who had so often led them the Royal German Legion heroically mi glory it had acqtaired, and powerfully st cause of its Sovereign and of Europe. " Though the Duke of Cambridge without regret the dissolution of a cor formation and command he will always peculiar pleasure, this, feeling is howei since he, as its Colonel, sees it • return its country, rewarded by tie pi aises of it and adorned . with In.mourable distinctic.in and good conduct. Hisitoyal Highness wculd, howev this General Order as defective, it it did in his name, and in that of the officers of the Royal German Legion, an txpre gratitude and respect which the good has received from the B:itish Govern= inspired them. 66 As they have shared in all the adi well as in tie yof British soldiers, t Cambridge is convinced that they will with pride and satistaction on their sei cause of a nation whose conduct toward been equally distinguished by justice am 46 Rewarded by the blessing of peace establishment of which the Legion has condibuted), enjoying the conscionsnes! faithfully served its Sovereign and its Colonel congratulates it on the glorious result of its exertions, and bids it a la The Duke of Cambridge, at the same ti the ()dicers and soldiers of the warmest in ' he shall always feel iu their happiness ant S : 37 s1 . 7 ; al d j e d . r i li e -o . D F R h u i c k s t e ß N O s i i:C: l a ii s i ki n ie b ig r u i l d t. in i e c e s to s l t . 4 ( ti ; the Royal Letters Patent for taking ; **town of G 'star and its ten itory for th of Haniver, have been published.. It is said that General COunt Von A ,enified from his Royal Highness the Pri of ) s airtugili - the Order of Curtis; and a . . The penclitig match ai,the nest Easter Newmarket, between Mr. Writt.s.'s Sir the celebrated Noah Country Horse, greater interest on the Turf than say ra since the celebrated one between lianti Diamond. The adds continue five to lot of Sir loam. const-Egclutnon, Fes. 16.—The navis now open, business was resumed upon this morning, but having few buyers sales were rather heavy at last week' Oats were in tolerable demand, as well as and White - Peas, which articles luny st prices. In Beans, and 'other articles, titer no variation. LONDON: Printed by Lava, Kase, Pick' published there, and it the Stilt.Ofice, Tun !V•