Star. — London, England, 1816-02-22 00:00:00

'7l 47.71P 7 1.7 5, 11% ; 17 1 7 TO CLERGYMEN. • 11 7. H F tz F. AS it is suspected that C—s B-6-4 (t tint only 18 years s.f ace) and 1)--11, are i4V t .4. tirion from Church to Church for the publication of 4.1 n Marriage baween tilemseives: any Ciergyinan to n hum such application may be made, I, most respemitely and earnestly desired to communicate ithmediate inußigence of the same to the Rev. A B. Post-offic; Uttoaeter, Staffordshire, as theirmarriage will be without thetousint of the minor's parents. The communication will be regarded *sanest otpeculiarkintiness.: N. B. Any person who may convey the above intelligence to a Clergyman, so that the. specified communication may be ob. tithed, shall. on the testimony of loath Clergyman, ncsive a re. ward of FIVE GUINEAS by applying as aboVe. This day was puldiehedw price THE SOCIETY for PROMO TING CHRIS TIAN KNOWLEDGE VINDICATED, from the Charge Uf inconsistency and Contradiction • in Ausivar to a recent publication, eN.lded--." A ReapectaAddreas to the Molt Rev. the Archbishops," &e. By another MEMBER of the SOCIETY: Printed for F. C. and J. Rivington, N 0.62, St. Piers Church- Ya'd• PARLIAMEATARr PROCEADDVGS. HOUSE OF LORDS, FEBRUARY 111. The House met at ten o'clockin the morning, and proteeded In Appeal% Lord Viscount BUI.KELEY presented a Petition from ceru tain Inn-keepers and Alehouse-keepers at Blackburn, in Lanca shire, against the operation of an Act of Parliament passed last Session.—Ordered to lie on the Table. Mr. Atcoce, from the Tteasury, presented an Account of the Sums paid by the Amtrian Government on account of Prin cipal and interest on Sinking Fund of the Austrian Loan ; and au Account of Pensions granted out of the Civl Liu ut Scotland. Ordered to he on the Table. Earl Cow re's Indemnity Bill was read a second time, the Commitment negatived, and the Bid ordered to be read a third time to-morrow. The Glass Duties Bill was read a third time and passed. The Coehia,al Bill was read a second time, and committed for to-morrow. The Earl of LAUD F.RDALE presented a Petition from the Respmsdent in the case in which Lady Cumming Gordon is Ap• pellant, praying for a slay to he fixed for hearing the Apical.— Referred to *he Committee of Appeals. The Nay.:l Courts-Martial BM was, on the motion of Lord Vi.cuunt Nelet.vu.t.e, in etsioa.queute of there being some oh jectioaa to th..! clams respecti..g the payment of money to Pri soners, postponed (or six months. Adjourned till to-morrow (this day). HOUSE OF COMMONS. There being only t 1.1: ty.eight Members rri.sent at four o'clock, Vic lioust adjourned till to•nturrow (this thy). I.IST OF TIIC MINORI PY TEAT VOTED ►OL LORD MILTON'S AMLNDMINT OH TUESDAY mewl% Abercromby, Hn. J. Knox, Thos. Ponsonby, Rt. I lon. Altko. p, V i•count Law, lion. Edw. Geo. Anson, Hon. Sir G. Lambkin, J G. Ponsonby, I ion. F. C. Atherley, A. Lemon, air W. Palmer, C. Bennet, Hon. HG. Lewis, Franklani Rand ire, Lord Biting, Alex. Lyttletun, Finn. W. Russell, Lord Jobe Birch, Joss. Maitland, Hon. A. Russell, it. G. Brand, Hon. T. Markham, Admiral Ramsdeo, J. C. Burrell, P. D. Mathew, lion. Gen. Ridley, Sir M. W. BPS, G. Mollyneux, IL H. Romilly, Sir S. Dr.)ugh.an, H. Madocks, W. A. Rowley, Sir Wm. Canipbe I, Gen. Martin, John Stbrght, Campbell, Ilen. J. Martin, Henry Seudanuirr, R. P. Cavendi,b, Lord G. Morick, Sir C. Smyth, John H. Cavendish, Hon. C. Nloore, Peter Snotit, Win. • Cavencksb, Hon. H. blorland, S. B. Tavistock, Marquis Caulen.ld, Huu. Mackintosh, Sr Ls. 'I ietney, Right Hun. I)uncannon, Visa. Newport, Sic Jelin Geo. Ebringtun, Visa. North, D. Townshend, I.ord J. Ferguson, Sir R. Neville, lion. IL Wynn, Sir W. Fitaloy, Lord J. Nugent, Lord Waldegt.iee, lion. Friemnirle, Wins. Paham, Hon.C. Cap:ain Fasakei ley, J. N. Pelham, Hon. U._ Walpole, Hon. Gen. Gordon, R. Peirse, fl. Western, C Giri,e, sir 3. W. Phillips, Geo. Wilkins, Walter Hanbury, .Vm. Piggott, Sir A. Wpm, C. Ht.run, sir R. "Powlett, lloo.W V. • T.i. It a s—Visi.ount Milton and F. Horner. FRE4,CII PrIPL•RS. PARIS, FEBRUARY is. The Areib;shop Coadjutor of Dublin and the of Cork, depoted to Rome by the Catholic Clogy o! Ireland, have within these tew last days arriv..d in Paris, en their return from the capital of the Ch-isti3n world. We are assured that at the present moment nego tiations Are carrying on between ti.e Court of Rome and several Protestant Courts of Europe, relative to the Catholics who are h their States. It is proposed, it is said, to establish upon this subject, and to conse crate Vie principles of public law, which completely accord with the interest of Princes and that of the Catholic Chu, ch. The change, which have for some tirm arisen in Europe, having mggrandised the States co! several Houses, strangers to tlint Church, impe riously demand new arrangements, which may pre vent difficulties. The Mini:fur contains an Ordinince of the King, relative to the monuments to be elected to Loui s XVI. Queen ntrie-Antoinette, Louis XVII. Ma dame llizaheth, and the Duke d'Eughit.n. They are all tr) be of white C.trrara marble. 'That of the Duke d'Lughien will be erected in the church of the Castle of Vincennes. The Prefect of Cal4dos has published at Caen a Nur from M de V..ublAtic, Nlituster of the Interior, to the following effect : " Paris, January SI, 1816. " I received the letter.which you wrote to me, unclosing the reply made by the Consitory of Calvados to the missives from fix e'rotesrant Society of London. I have recognized with plea sur e in this answer to the patriotic sentiments which animate all kretichmen of the Protestant communion. They may depend on the protection of the Kiag; tell the Conslstoty, at the sante time, that to my certain knowledge, the persons who have formed a Society at I.on ion, in order to throw a correspondence Into France, euj :y little credit or confidence in their own come. try ; they are there justly cessidered as belonging to a party of jacobins, enemies of repose and of every Government. The • bessiob of Parliament about to open, will furnish ptems of this." ROME, JANUARY 9i. The grand promotion of cardinals, which is to take place it March, is an event to which the people look with pleasure,. to accrunt of the necessary espeases which it v.itl oce.isipot. Twenty-five prelates have be s., a, prised of the honour intended for them. This i • t!le ii,t :—Severolt of Faenz.i ; Gravina of Sicily; Caleppi ; Genga ; Arezzo of Palermo; De Gre t ;ori of Pala:no; I' . Fontana of Milan ; Caccia patti of Novara; Vidoni of Cremona; Nay° . Pie trizziof Rome ; Riganti of Rome ; Essalvasia of 13 ni )gna ; of Fermo ; Zatiti of Faenza ; Cavalchini of Tot tons ; Morocco a Turin ; Ruscnni o f Bologna; Gardoqui of Spain; Bardasi of Spain; Castiglioni ; Alliati ; Cesaro; Quarantotti ; Antoni Lante. 'nu three last are yet uncertain. As few of these new cardinals have any property or estates, they must have bishoprics assigned to them. Fontana is the only monk among them. FRANKFORT, FLBRUARY _ _ Adam Muilcr, a peabant, known as a prophet at neidelberg, is come huge in all Baste, in consequence of a vision which he pretenas to have seem, to an. nounce to the Members of the Diet a sanguinary war next spring. The spirit which animates this honest but crazy person has found many partizans here, even among people who had the reputation of good sense. The wretch Pow:. who some time ago assassinated two priests at Condrieux, has been taken in Dauphiny t and delivered up to public justice. PRIVATE LETTER, PARIS, TURUARY 11. The refusal of the French Government to commu nicate to Sir Robert. Wilson, Messrs. Bruce and Hutchinson, the charge made agrinst them, led then to request ;he opinion of their Counsel, M. Dupin, as to their right, according to the French laws, of requiring conimunication of this, and other matters necessary to their defence. M. Dupin in consequence wrote the following letter to those Gentlemen, which they enclosed on the same day in a letter to Sir Charles Stuart, claiming for themselves the same treatment to which French :objects were entitled.— The frivolous answer made to this application, was, that their demand was at present before the proper Court of Appeal, and would be decided upon in due course. That Court might have given a decision, at least upon the question of provisional liberty, last Tuesday week ; but it has been put off from day to day, and has not yet been given. A great mass of papers which had been examined in the first instance, and known to contain nothing whatever relevant to the cause in question, has been brought forward afresh, evidently for no other pur pose but that of procrastinating the trial and keeping these Gentlemen in the mean time in prison; for it seems pretty certain from what has already taken place, that no liberty will be granted previous to trial. 'This trial cannot take place before the begin ning, and most probably the middle of March.— Hence these Gentlemen will have been made to suffer an imprisonment of upwards of two months, for an offence, which, as it is very doubtful of its being even cognizable by the French laws, it is more probable they will be acquitted of; and which, even should it be so cognizable, is considered so trifling, that personal bail is not required, it being only ne cessary for the accused person to pay into Court the small sum of 1000 crowns (Xl2O sterling) in order to be liberated. " Paris, February 2. 1616. " Gentlemen—The accusation made against you has raiscd in your minds doubts on which you wish to be informed, not only verbally, but also in writing, in order that you may form a more accurate idea of proceedings with the course of which you are unac quainted, and to serve likewise as a basis to the appeal you might with to make for the preservation of your rights. " At the first moment of your arrest, you conceiv ed that, being British subjects, no proceedings could take place against you, but in conformity to the English laws. What you especially considered as extraordinary was, that you should be made to un dergo an interrogatory, which does not take place in England, where every accused individual has a right to remain silent to all questions tending to criminate himself. Without terming a parallel in this place, be-, tween your legislation and ours, nor enquiring which it.ty be the betterof the two, I will confine myself: to the observation I snAde en you, and to the justice of which you agreed, that having been arrested in France, and in ought before the French tribunals for an act which had occurred in France, ynu ought to be judged by the French laws, which alone have any authotity among us. " Bat, it it be true that you cannct invoke the English laws, it is also certain, that on account of the peace and good understanding existing between the Fiend) and English Governments, you are enti tled to be treated iu France as the m.ist favourei of 1 the Fiencii., " You hare a pledge for that good treatment in nur rnordis. and in the equity of our Magistrates, whoie pr:nciples admit no difference between natives and stringc.is. You have besides a positive assurance thereof in the letter addressed on'the 13th ult. by the Due de Richelieu, to your Awl) tssador, by which he informs him of your arrest. 6 Their cause is about to commence,' says that letter, but the undersigned in communicating this event to Sir Charles Stuart, hastens at the same time to assure him, that they will absolutely enjoy every facility which our Jaws afford for their justification, and that the protecting ferns of the pro‘cdure will be religiously observed in their c3se.' ‘• A! . ter your first interrogatories, I was allowed to canimunicate with you. 1 ascertained by the pet usal of the writ of arrest (mandat de deltas) issued against you, that yeu were only accused of having participated in the escape or concealment of the con demned Lavalette.' This imputation, supposing it I to be proved, could only give rise by its very title to Ipenaitks simply correctional. It appeared to me, therefore, that you were entitled to obtain provisional liberty ou bail, agreeably to the Article 114, and following, of clde of Criminal Instruction. " You did not doubt that Jour liberty would be granted, espeeially when you learned that Madame de Lavalette, accused as a principal, had obtained the benefit of a similar liberty. Reasoning from analogy, you were persuaded that, being only chug..; ed with a kind of complicity in the act laid to her charge, you could not be treated less favourably than that Lady. Each of you, therefore, made a demand to be enlarged upon bail ; these three demands have been laid before the Procereur du Roi ; and agreeably to his conclusions, they have been answered by an Or. • donnance of the Chamber of Council, of which I have perused the minutes, and which, from divers . motives therein expressed, states, that there is no room at present to decree upon these demands, and refers the decision thereupon to that upon the case •' Your attorney is soliciting at this moment a copy of that Orsionnance. As soon as he will have obtained it, he will hasten to transmit it to you. You will see therein that the principal motive of this re fusal is, that if hitherto you are only charged with a correctional offence, yet Government might obtain information of a nature to aggravate the offence in such a manner as to give it a higher degree of cri- Minalitf. " Titus it is not upon evidence alregdy acquired that • Tam indigents gum advents, una kz nit minium qui pec citcriut igaotant44—tivalb. :L a& the Orcionnatice is grounded : it is only upon infor• maims expected and hoped for. " Without entering into a minute detail of what might be objected, in point of fact, to this Onion. nance, I will submit, in point of right, a few obser ..vations. The Ordonnance of the Chamber of Coun cil is not irrevocable. You may appeal against it, and carry it to the Chamber of Accusation of the Cour Royale. I ought also to inform you, that the request of Madame de Lavalette had been rejected at first by the Chamber of Council, and that it was only in consequence of such an appeal that she ob tained her liberation : you may be therefore justified in forming did same hope, especially upon this consi. sideration, which appears to me decisive —namely, that being accused of having co-operated as accom plices in an offence, in which she is charged as the principal, you cannot be treated more unfavourably than that lady. 4g 'Ms appeal appeats to me also the better foun ded, as the Ordonnance is in contradiCtion with it self : it states, that at present therein no reason for a De cree, which implies that no Decree is made, and yet a Decree is made dejaao, since immediately after this expression is the following The Chamber refers decision of this demand to that of the case itself.'— It is therefore decided, that the demand for provi sional liberty will not be determiaed upon tilt the case itself.. But when the case itself comes to be tiied, what sill be the consequence ? Either you will be acquitted, and in that case it is cle.ir you will no longer stand in need of provisional liberty, or you will be sentenced to an imprisonment of a stated pe riod, and in that event it is evident that your de mand for provisional liberty will be useless. There is, therefore, not a single hypothesis in which the tri bunal that will have the case itself to try will be able to decide upon the provisional demand ; whence it evidently follows, that the Ordonnance judged inc,n reedy in refusing a Decree upon this point, and re ferriog to the ultimate decision of the cause a pr-vi sional demand, which ought necessarily to be judged before that time. 6 4 The rescinding of the Ordonnance, at least in what relates to the manner of pronouncing it, ap pears to the undoubted. It will be easy, besides, to establish, that it is not upon distant vssibilities which the investigation of the case has nut realized,' and which it does not even indicate, that a refusal can be grounded : but, as it is stated in Article 113, under the title of Accusation, I will not further ex patiate upon this article, which will be fuily deve loped in the demand containing the grounds of ap peal. I confess, however, that in order to attack this Ordonnance with an advantage equal to that of the adverse party, I must have communication of the documents; for how can I combat deductions ' drawn from documents to which I am a stranger ? The Article 302 of the Code of Criminal Instruction 'states, that the Counsel may communicate with the accused after his interrogatory, and that he may also have communication of all the documents, without removing them, and without retarding the proceed , inga. Warranted by this disposition of the law, I have required this communication to be made to me. r I have required it repeatedly, and it has always been denied to me. " On this head, I ought immediately to assure you, that theri is nothing . in this relusal which ought to induce an opinion that it has proceeded from any unwillingness on the part of the Juge d'lnstruction : on the contrary, it would b.: impossible for me to de scribe the attention with which he has heard all my requests, if I had not learned from yourselves how much you are pErs , :nally satisfied with the conside ration he has evinced in all his communications with you. " But this Magistrate, after having conferred w7tlr the Procureur du Roi, thought that the Article 502, being placed under the chapter entitled de la Pt ocr lure levant k: Cour: d'ilssizes, WAS nut applicable to the proceedings adopted in your case. In tact, slid he, when the accused is sent betore the Court of As sizes, the instruction of the cause is complete, and there can then be no objection to the communication desjred ; but as long as the instruction is nut terminated, this communication cannot be made without danger. " I received this decision with the respect which is always due to judicial decisions, even when they do not carry conviction into my mind ; and I con fess that this is one of that description, for the follow ing reasons : -4 ' 6 Ist. A proof that it is not necessary that the in struction be terminated, for communication of the do cuments is afforded by these words,' without retard ing the instruction;' for one cannot retard an inaritt- Ilea which is finished, but only while it is making.— The law, therefore, prescribed that communication of the documents should be made to the Counsel, even drain; Me instruction, on condition only of not retarding at ; which means, that he should examine the documents at the times appointed by the Ma gistrate. 64 This first observation suggests a second ; which is, that the communication ordered by the 302,1 ar ticle, should be made before and after the cause is' sent to the Court of Assizes. The decision, which sends the cause to that Court, cannot take place till after the instruction' is terminated, and we have just seen that the law circlets that that communication 'be made during the progress of the iusuuction,' provided it do not retard it. " idly, Another argument may be drawq from that same article, the which says, that 6 the Counsel may communicate with the accused after his interrogatory.' It would he, therefore, after the in terrogatory before the Court of Assizes, since such ' is the interpretation given to the second phrase of the larticle. And yet it is certain that the communica tion of the Counsel 'with the accused, always ,takes place previous to the cause being sent be fore the Court of Assizes. You see, for instance, that I have communicated with you as soon as your interrogatory was ended, and consequently before the instruction was terminated. Why then should the second phrase of the article 302, be interpreted less favourably than the first t II 4thly, No disposition similar to that of the arti cle 302 being repeated, under the title which treats of the proceedings to be pursued, whether before the Correctional Tribunals ur before the Special Courts ; if it be admitted that this article 802 can only apply to the Court of Assizes, it would be necessary to in fer that before the other Courts er Tribunals, the ac cused have no right to communicate with their Counsel, and that the laths has no right to Lave communication to rroc'the: that u ur ttz ,„ . ~ ~ toriousv,,.L. which this two fold cutrimintitation i s it takes place even be:ore the Llilitar f Ttib. severest and most summary of all, IL * thel 4 % it not take place in a c Ise merely ennetliqu! 4 4 Sthly, The danger which is f e , r , d 1 _ communication dues not etist s i t i s a facre irra t to the accusei to justify hiniselt; an d i thti t ts , consider as dangerous for sucie:y, that whi c a in the defence of an accused indieid,,,L c athly, The accusLd has tict ni ; ;II ~ deending himself be ore the C.,,ir..cou:lir or before the Court of Assist::, he 1 141 a .., . rest, that of avoiding being cani e d o va a re, is for this reason, that the At tick I.;07 a 1,!,,:. accused to present memorials to the Chas i b:, cusation, in order to %flew that he ou g l it :;' brought to trial. How, therefore, pia l ai : be able to draw up a memo ial for th at , he has not acquired ents Ity . comogn.,: cst ;„ 4 of i lk, I cl ments, a knowledge or the chari;cs rul e a . i ? 444 6 , 7thly, The law i: well judged, it Ita se „,„.. in one single article, the permis s i on of e04..'1 ing with the accused, with thAt of blai agt lil eats in of the documents, because, withe at i:7 l4 pArnissicn the other is nugatory ; a n d, il : 1 11 a hat use to the :teens :d pets:4l, is a c utuisi r Ci not. bLiitg akile to itits,rn-, bit!ascif of theta x ): ll , facts, is reduced to ~:i.: nisei, Which 4 1 2 tounsltd upon hyp.:thes:.:s aril conjecturesi7 l i; he had seen the t.:.nciirr.ems be coall esa,7l tsck and ti , :ll:nce proceed togeth er . S eeati. ". interstitin of tae law. It ftlt, that then I an accused was a Counsel, as the first waski tient is a ph) sician ; but, as the physki, l , prescriLle any remedy , unless he is acqa,.4; the origin, pt ogress, and artickuts of vie care. ... so the - Counsel cannot give his cleat trstta - it he does not know precisely ut what Nis Wheretore, I conclude that c-)annali:q the d:;curnents should he I:iflrde,l 1 1 c, itiy % st:lf of this cormiiiincati•in rely; the documen.s, ai;:: on the Jays and IvlttL4: ha apdviated by the Jadge; in a law says, wiiloul !Wald:l'4j the itutructi , .n: nevertheless follow its proliess, in :Licit:4le • make every leg,il requisition whicli pears to me to prescribe. 66 It, on the contrary, this conmunicstios be denied me, I shall tin.' is,l 3 necessity of awaiting in my sway, in your prison, the moment when I rmy to defend you with the dzvotion with waichie t spired, by the conviction that you au act which can' be denominated an (d oe ti laws.—l have•rhe honour to be, vith pafta , deration, Gentlemen, your devoted seas Counsel. (Signed) Dtrec In consequen:e of a violent statement it ea nal des abaft of the 7th ins:anr, against Wilson, Messrs. Bruce and ilutc'Aintoe,Liti they were made to ppear in a highly aitsizi.) these Ge-ulcnien addressed the tollosinglern Editor cf that Paper, lot insertion in tiejari the next day ; but, instead cf consiblying reglest, the E:litor made a frivelaus apalogy,i 4 ing to error the article it; questi'n: " To the 1.1:1 fOR of the JOURNAL DES Dal " Prhon de Li Foxe , lm= 41 Stn—lt is not without extreme astve;siorn we read in your Paper of this day a paw, which the. Editor, while headmits gation a our ease. is not yet terminated, auti, piece of intelligence apparently official, that r will be carried before the Crurt of Assies° Author of this tinkle is, notwithstanding, siti that Cie Chamber of Accusation can corer.: cause !refine the Court et Assizes, iln,l that do so, until tie invstigation (Inaraction) pieted. Why tkAt, si::ce by his own coati investigrion is but conic:le:lced, dots he d.z virtue ut psis own private authuti!), palmist of .? Is it I,s it!) a view tu te lic opinion to our pr.judice ? In th.it cdatie tine:est to renae hi. assertions, zni to El public, that it is ce..tain, 0:1 the cuta.iry,t l . case has not assumed the degree o! (xi:114414 • the Editor of this Journal tak.s upon ascribe to ir. " We request ycu will insert this letter next Paper, and we claim this insertion at L,ld act ut that justice which you prtanise us; EA vinced that we have A better rignt to dclence, than }uu can have to publish against us. (S16110d) " ROBERT VIIISOL " sactio. INA;CS• • " J• MIX 11UTC1110 2 Captain Guillemot, of the 97,t) ugnirrut Ord, 1 who had served with Sir !tuba' Wilson, as% quently knew his person, harpened ace .. see bins and noticed him, as Si- Rol:crt ilif conveyed frosts the Prefecture to the Force. immediestly taken up upon the char , ,e o f rf-1 Sir Robert, an:l actually detained thirtylv ol . Alit trilliug imput.st:on. 1 - IEIDELBERG, FEBRUARY 10. (From a German Paytr ) L. , News ju st r sr.td here that his t:olinesst,-. on the qipheation of t!;e has consented to restore to the Uttivtr) ut btrg all the Manuscripts and works taken f. Palatine Ltbratry, and hitherto preset ved is Lt titan, consisting of Sr/ volumes. (;opal' maneldorfi, the Austrian Ambassador at officially communicated this news, so high!) ' for us and ail Germ any, to B.uon Von 1.14i4. Islini4ter for roteign Main, in the following " Carisrubc, F.eW " The ur.4erilgnel has receive,' from ti:s Can take:: ;r4in loner ul tipe Lape:sa Awbassa.tor at his lioluit•ss has eor.sent..4 to restore to the Mime* delberg not only the ‘.7 (Set) volt am, found at Parisi to the turner Palatine Library, but also d 17 vshaut.„ belonging to that ceLeatiou, whicb are svil the Vl'" brae) ; a testicutton to which his h oiwC4 his bee ll the wish of giving pleasure to his Majesty dig t,,. of special regard for his intervention, and whfcm • more value from tbe circunistr.nae, that his Hc l + l2l° _, may comitla as his legal property the collettiewil w j. • becn incorporated for near two centuries with do brary." [The Minister then requests to be i!lformed of do • iutended to be taken to remove the work., a; the Aag ° wit readily contribute to facilitate this ettica.j . This news has occasioned the mob' hvelye remember with pleasure the time whr.a the t i Francis, to whose mediation we. QWC 14.6 , I , i ;'. j i