Star. — London, England, 1819-10-14 00:00:00

14 PI 10,182. —.— . r a J. SIVEWRIGHT, Sole Contractors, have . o r pleasure of observing, that their Scheme on the New '''•' iretl the general approbation of the Public, which .. t „ b : , rev. ..,, doubt a ri..i from the attraction of its.. various points, ' . y, reit advantage to early Purchasers, by uniting in one . Prizes of Two I,otteries, including no less than ,:mc t he EIGHT of £20, 00 ! .It}e LOWEST PRIZES are stx•rEr: POVNDS.— ".,7 -(in.,:ouf the First 5,000 'Tickets, (those only now on ...,,ewe the chance of gaining the Whole or the Licarr ,: a ,.1 .., rhi a ll the other C apit als . 0 o:.120,000 will be decided hi the IFlest Five Minutes, 03 the 9th of NOVEMBER, Who the Lottery begin% Drawing. ; i r!. IV.V EW RI ti lIT have the pleasure of congratulating , Fri , rd; on the continued success at their Offices, having .1 it ..`.,, Litt Lottery Nc. 3,710, a Prize of .C 30.000. Con n`;,., ea Shares are selling, in great variety, at the t,xt, Nu. '. Cornlial ; 1 11, Ilolborn ; s 4, Ilaymitritet ; I 141, Oxford Street. _—...,.._ _ „„—.-------_—___ NEW LOTT RRY. gig and Co. respectfully inform the Public, ) teat the NEW LOTTERY Ado* an uncommod advan .!,rmoci who purch ase an y of the 3,000 Tickets now on • •vitl b.. the only Tickets put into the Wheel for o,3sii,c •• • • • i Fir't Ikr?-'s Drawing (9th November), and will have the zt,,: . EI6I IT nips% o f ,C 20,000, a t r nd .11 the other Prizes , •'as to "0.690 Ti , kets. The First Drawn Prize, and iwj aavg Number, will eac h h.ve .12•.:0,000 iii Consols lam' 0 v. 0:;, y ; ant' the Tint Drawn Blank , and its corre, p ondin g -r5.-r, VIII kach hare Sixteen Whole Tickets, to Inc chosen e.: tot-nu:ate Holder of such Blank Ticket. The lowest .C,:hn Lotter! is ~/216. • !CP.' .1 il Co. have Shared, Sold, and actually Paid to p t 6ie Moir I%lvszy in (7arrrat PRIZZS, by many Thou of of P. , und , , tha * any other Office. including the whole of Lot FME I.nTIERILS, which contained Two Prises of ,s Consols, Two Prizes of £30,000 Money, and NINE of 4•••0,000—iti all .C3P-4000. AIINAI. OF NEWVOYAGF.S AND TRAVELS. riE unparalleled interest of this popular and oiginal Work will be sustained in the Number which offe,r in the 15th October, in the two following Voyages: L Dr. M‘Krevor's late Voyage to Hudson's Bay, with many piro Engravings. L A royagc to the Frozen Ocean, by De la rout de Fre- ix Fim Volume complete at 20s. neatly half-bound, or any ITherof that V.ilume, at 55.. may be load of all Booksellers Pnenusteri. FubliAA by Sir RICHARD PHILLIPS and Co. Bride-court, rett. • TO EMIGRANTS. Ir be Press, and will be published early in November, In One Volume Bvn. Br C,. anJ W. B. WIIIMICEIR, Ave Maria-lane. )IF.HICA and the BRITISH COLONIES ; or, in Ahvaact of all the most useful information relative United States of America and the British Colonies of tar Cape of Good live, New South Wales, and Van -s hand; exhibiting at one view the comparative Advan i, lad Ihsadvautages each Country offers for Emigration. in tz the mou recent and valuable Publications. With and 05iervations. 11.: WI LLI.%'M KINGDO3I, Junior. rThis day was published, I: One V.,1. two. price 9s. boards. a New Edition of NEW VERSION of the GOSPEL act_ot ding to ST. MATTHEW; with a literal Commentary on all • dis:.lt pas.ages i to which is pr red , an Introduction CO R.:.g of the Holy Scriptures, intended chiefly for young ..,1:. Divinity. Written originally in French, By Nies‘rs. BEAUSOBRE and I: ENFANT. By older of the King of Prunia. Mated for G. and W. B. Whittaker, 13, Ave Maria-lane, lehs; and Ekighton and Sons, Carridist. ARRESTS IN PRUSSIA. ATiItRATIVE OP THE CONDUCT OP THE PRUSSIAN POLICE, IN THE SEIZURE OF TIIE PAPERS OF M. EUHLENFELS, SUBSTITUTE OF THE ROYAL PRO. MMUS AT TIIE TRIBUNAL OF FIRST INSTANCE AT COLOGNE. (Concluded/rem the Ssau ol Tuesday.) AT A SUBSEQUENT SKAMINATION. Several persons who have been examined, have dared, that there was an Association in Ger Many, ;bit object was a change of the political state of Gtreany, by the seduction of the people, and means ciripleccc. Do you know of any such Society ? No. %ea were you last in Giessen ?—ln Easter of the resent year. Were you there at the time when an examination t: the pipers of seieral students took place ?—Yes: attire time when Professor Arends, Mem c`:tpreme Tribunal of Justice, executing the 0: 4 Commissary of Police, decreed the se the papers in a very revolting manner. 1 because, for instance, the said Pro- Li 7• in the al)serco of my friend, Dr. Sebold, broke h 7s a!,tca'oinet:, to hunt for papers. 1 )‘ that he did not find the papers of wa. in search ?—I do not know what pa s'':';!•l for. I can, of course, know still less Ih,r not founi. However, I heard an w!lic:! I tl:i:tk worthy of recital. One of a y , rtii , ; man, called Kahl, was apprised g,'.i11 7 to pay him a visit to seize his As, however, no one likes to see his papers I :•.!* the Police, he removed them out (II ..1..-cads came to his lodgings, !va:.tl the nest Ile said then to Kahn 11 i where ii:tee yuu put yuur _papers ?" rereArkud Y ou must not think that my p a: .ers to be made a prize by you; '.v!iat you ought not to read, I have tl.e wq." On which the Professor an laconic cunning, " In that you did well." that you had secured very important pa 7 i r'rs !r ent (iie,sen, ou t o f th e b a nds of Profeshor 14 1 , r e' •••!—N.), I did not ; b ut I d o n u t wonder that Alcads, not having found what he sought, .•.;(! an:;ry with me for his want of success. you reason to suppose so ?—Oh, I am r. 1;u:1 ti: at the Officers of the High Police, in ge ter':, "ill''. be very angry, in the whole of this nat. Lot to (hid the objeLt., of their search. ( , (11.:.,1v: Dr. Peden, the Editor of the Mgr . 11 0 e you Lei re:ponded with him ?—Yes. 12,:it suOject of your correspondence ? !.." on that among the rest. ~ t 1,-.lLi to Dr. Pollen, you spoke of " acts for ..'•• nimt be ready T—What ivrrote to Pollen vx....;;;Licd a, in confidence to a friend. Such ~;: S. - izb !, • THURSDAY, IX' communications are the expression of our intern if life, and our internal life is a sanctuary into which no Officer of Government has a right to enter. I. can answer as Corvus did before the Roman Senate— " Verb° mea argauntur, adeo factotum innoceite sum." 'When I perform an action, it may become the subject of judgment. There is found among your papers a Petition with many sirriatures—a Petition to the Diet at Frank fort. Did yoU put that Petition into circulation, and did you recruit for people to join in it and support it ?—Yes ; I traversed a great part of Germany to procure supporters for its (in my opinion) laudable object. In what parts did you travel fir that purpose ?-- Through Swabia, Franconia, Jena, Halle, Berlin, and my orm country of Mecklenburgh. Did you likewise collect subscribers in Cologne ? Here I found no support. But you have communicated it to Members of the Tribunal of Justice ?—No ; I requested Baron Sandt (Procureur-General of the Court of Appeal) to co operate, but in vain. Did not M. Sandt observe to you, that the object you had in view did not accord with your duty as an Officer of Government ?—I doubt that he did • but Dr. Steengasse, who was with me at the house of M. Sandt, will be able to remove all doubt. However this may be, the remarks of M. Sandt would never have influenced me in pursuing an object which I thought in itself laudable, and which WAS forbidden by no law. Be so good as to mention to me the people in the other pal is of Germany to whom You have addressed yourself on this subject ?—Then I must make out a numerous list. Then mention sclme.—ln Heidelberg, the Privy- Counsellor of the Church, Dr. Paulus, the merchant Fries, the bookseller Waiter ; in Stutgard, President Weishnar, Dr. Scholt, &c. What was the result of the whole undertaking?— Alas ! not according to our wishes. There were more than three thousand signatures, but the Petition was not presented, for which the deputies have to account to their constituents. But it excites my astonishment, that this undertaking should make a part of a criminal inquisition, as the Diet was made acquainted with the existence of the Petition, and most of the public journals made mention of it with out disapprobation. There have been found in Giessen and Freiburg a list of members of a Secret Association, wherein your name appears; do you know such a list ?—No. How do you account to yourself for the existence of your name in this list ?—As the paper is passive in bearing my name, so must I in allowing it to re main there, if any one chooses there to place it. Thus far the whole of the proceedings from the 14th of July downwards, had either at first been vo. luntary, formal, and regular, or had been forced to be so, by the determined spirit and legal knowledge of the accused. He had submitted to the arrest, he had answered interrogatories, and he was prepared for trial before the proper tribunal. His surprise may therefore be more easily conceived than ex pressed, when, after the examinations contained above, it uas communicated to him on the 7th of August, that, according to a rescript of the Minister of Police at Berlin, the concurrence of the Procureur •Gencral in the inquisition against him should hence forward cease, and that the inquiry should hencefor ward be prosecuted in the way of Police. The ac cused, always willing to submit to lawful authority, but equally determined to oppose any violation of justice or of law in his person, protested instantly against this informal and unjustifiable change in the mode of proceeding; and as he found that the Pre sident of the Supreme Court had lent himself in this instance to be the tool of the Police, refused to an swer questions put to him by that officer in his new capacity, which he regarded as so inconsistent with the independence (this conduct, and so degrading to the dignity of the judicial office which he held. At the same time he denounced the Minister of Police as guilty of the offence of arbitrary imprisonment, founding the charge on the following facts:- 1. According to the 46th Article of the Constitu tion of the French empire, (which, relative to justice, is still in force in the Prussian provinces on the Rhine), the Minister of Police being informed of a conspi racy against the State, is empowered to arrest and imprison any person suspected of being an accomplice in its guilt ; but after a lapse of ten days, he is re quired either to liberate the accused, on the discovery of his innocence, or to communicate the precise na ' Lure of the shame ou which he is confined, that his case may be tried- before the competent tribunals. By a neglect of this law, the Minister of arbit rary comes ipso . facto guilty of the crime of imprisonment. 2. M. Muhlenfels, after he had been imprisoned twenty-one days, inquired if the imputations against him were to be prosecuted in the way of Police, when the President of use Court of Appeal acknow ledo,ed the rescript of the Minister of Police from Berlin, and thus shewed, that, instead of having acted as a Judge of the Supreme Court, he had only been all along fulfilling the duties of a Commissary of Police. On this, M. Muhlenfels complained to the Procureur-General, who found his reclamation according to law, and supported it in a letter to the Minister of Justice, in which he begged for a speedy decision of the case. The Judge of the Supreme Court of Appeal, and the highest law.officer of the Crown (Pi ocureur-General) before that tribunal, were thus at variance on the course of proceeding ; the one lending himself to execute the commands of a distant Minister against law—and the other support ' ing law against interest or corruption ; but the Mi nister of Police, who had in the first instance ordered an imprisonment, which he had forcibly continued against law, was the original offender. To the letter or the Procureur-General no satisfactory answer was returned, and no decision in the case was c9nse- . I : att i _ t - - • . ~ v* 1 * ER 14, 1819. quently given. The accused, therefore, continued to resist proceedingswhich were plainly illegal, and re fused to answer questions which the agent of Police had no right to put. By another rescript of the Minister of Police, he was, therefore, ordered to be carried from Cologoe, the place where his offence was said to be committed, and from the Tribunal to which he was naturally amenable, to Berlin, there to be examined, in order, as it was said in the document, to avoid all conflict between the Authorities in the cause. Muhlenfels then requested; by petition, the interference of the whole Court of Appeal, to support him against an unlawful treatment that might be extended to all its Members, and to defend him against an arbitrary act, which might be repeated with regard to each of them. To this appeal, which met with the entire approba tion of the Court, M. Muhlenfels received for answer, that the Members of the Tribunal felt themselves bound to submit to the rescript of the King himself, *which had been produced in Court, after that of the Minister of Police had been resisted ; but that they would take every method of remonstrating against it to the Ministry of Justice. The transference of the accused from Cologne to Berlin being irrevocably determined on by the Government, an order was given for his departure on the '2oth of September. He, therefore, left Cologne on that day, accompanied by an Officer of Gendarmerie, having, before his de parture, procured the insertion of the following Pro ' test on the protocol of the proceedings .: « It is, then, irrevocably resolved to withdraw me from my ordinary, only competent Judges, and to re move me to Berlin to be carried before a Ministerial Commission. No regard has been paid to my appeal to the laws in vigour in these territories, nor to my reclamation, opposition, and denunciations founded on the law. " No means have, then, been found to protect me from the violence of Administration, administered by the Police itself, but a respectable General Assembly of the Royal Court of Appeal has remonstrated to the Superior Authority. In consequence of this proceed ing, that respectable Court has declared that my. re moval to Berlin is contrary to law, and that the deci sion of the law is in my favour. " History will soon judge whether the Judicial Authoritiesof Prussia merit eulogy, for having main tained the irindependence? It will know how to ap preciate the fact, that so celebrated a College did not dare to oppose the arbitrary orders of a Minister— a Minister who ought to respect the law as much as any Jude. Is there a law which authorizes Minis ters to violate the laws? Certainly not ; no such law , is to be found in Christian Europe. 66 If a Minister, by his acts, place himself above the law, he still remains of right subject to it. A Christian Minister, in Europe, is no Sovereign : other wise how many overeigns should we have in Prus sia! If, hitherto, we have not enjoyed a Constitution in Prussia, the citizens are not, on that account, de prived of the protection of the law ; but every one is placed out of the protection of the law, whose rights litre no longer respected, and who can no longer ren der them available for redress. " This is contrary to the will of the King, for he never could have so willed. He commands respect for the laws, and is the first to pay homage to them. He is penetrated with the recollection of his illus trious ancestor, Frederick 11. who declared from his Throne, that he was the first servant of the State, that is to say, of the law. 66 Orders emanating from the King ought to be executed within the limits of the law ; if its bounda ries are overstepped, it must, necessarily, be admitted, either that the King has been led into error, and then it is the duty of his faithful servants to call his atten tion to that error ; or that those who execute the or ders fail in their duty in not representing to his Ma jesty the impropriety of such proceedings, and de manding the punishment of the iniquitous Counsellors. " But in no case ought a citizen to be the victim of the violation of the law : for where there is wis dom, courage cannot be wanting to protect citizens against every arbitrary act. It is for this reason we live under the empire of the laws, and for this reason also, Magistrates are bound to be their safeguard. — Citizens, - knowing no authority except the laws, have none else to fear, unless we have the boldness to ad mit, that they fear-men more than GOD. " On these grounds I ventured to hope, that the Court of Appeal would have pronounced my oppo sition well founded. In such a case it was to be ex pected that the proceedings of that Tribunal would have been in favour of the maintenance of the law ; btit I laboured under an illusion. 66 I am then delivered up to the caprice of power ; abandoned not by the law, for it is eternal and in violable in its principles but by those who are the safeguards of the law. In such an unfortunate situation, I place my sole confidence in that UNIVERSAL POWER, in that Eter nal Rock of Truth, which human wisdom and all its measures, like the %yawls, in vain assail. I therefore 'do that which I ought not to omit doing, and which is acting consistently, since it is founded on this un shaken confidence in GOD. I solemnly protest against my illegal removal and conveyance to Berlin. I am aware that no attention will be paid to my Protest, but it will demonstrate my unalterable resolution, and the sovereign:abomination with which I regard every kind of arbitrary power. It will, perhaps, light up some sparks of truth in the souls of rny persecu tors. The grounds on which this Protest is made are the following : 66 I • Law is given for the security of the liberty and property of Citizens ; it is of equal force for and against every individual in the State, and conse quently for and against the Ministers also—for a Minister is nothing more than a human being be come a Citizen. " This is the sense of the law ; this is the will of his Majesty the King. 66 2. Even though a Supreme Order, emanating • . r • ; , • EN -I'llN • from the Cabinet (but Which has not been made kdown to the Authorities here), should approve, be forehand, of all the-proCeedings of the Minister of the High Police, such an approval would by no means authorize illegal actions ; on the contrary, nth an approbation would prove the confidence of a good King, who supposes that his Minutiar will never overstep the limits Of the law. 4 , This cannot be called in question, for l.is Majesty has, in his wisdom, dulyconsideteci, that it is a prin ciple dangerous to pAlicstafety to admit that the means employed are justified by the object which is . expected to be attained from them. " 3. If the confidence of the King be notoriously abused, it is the duty of every judicial authority, and of every faithful servant of the State, firmly to oppose arbitrary ministerial acts. If this be not done, the lives and liberties of the Citizen arc every moment exposed to the caprice of a Minister of Police. Fur the road being once laid out and successfully put- sued, the High Minister of Police may at length go so far, that he would be no longer bound by laws, judgments, and public opinion; that he would be no longer subject to any judicial penal power ; and he may think proper to conclude the grand spectacle which the Police is performing in this Inquisition by the tragical catastrophe of decapitations, Ice. My head may be required for the representation ; and if the law be violated, and the legal mode of investiga. tion abandoned, to decapitate me would be the short est and least beaten course. " Would the President and Privy Counsellor of State, and the General Assembly, at last, firmly op pose my illegal decapitation ? " Do I enjoy the beneficiumilebille, which they would make ye quasi bene fiesta, of the4emonstrances to the Superior Authorities? " The Servants of the Law are neither serfs nor • e aecutioners, and, neverthelesso the consequence of the one to the other is the elementary principle of all ludicial authority. lam unable to resolve this con- tradiction. " 4. My arrest was illegal, as I have ebewhere proved, and as a superior authority has.also acknow ledged it to be. " My removal to Berlin is still more illegal and arbitrary ; for— " In the first place, I was removed by order of the Minister of Police, who, not having the power of keeping me under arrest for upwards of ten days, could not have the power of removing me to Berlin. 2dly. No accusation was brought forward, on which competentiuns foci could be founded against me at Berlin ; at least, no such accusation was made ' l. known to me ; the Privy Counsellor of State Daniels is also unable to acquaint me with it. " The whole is enveloped in the dark mysterious veil of Police secrecy. But let us admit for a mo ment, that such an accusation existed; the compe tent judicial authority of this place can alone, after the substantiation of sufficient cause, issue orders for my extradition At the present moment, therefore, there can be no question respecting the sufficiency of cruse. " 5. As every citizen is required to obey the laws, and as it is particularly the duty and vocation of every public functionary to watch over the mainte. nance of the laws submitted to his charge, so my duty requires that I, who am still the Substitute of the King's Procureur at Cologne, should depose this Protest conformably to the law, for I fear GOD more than man, and I should not have deviated from that course, but that I am compelled to yield to power. " Finally, I solemnly declare that no earthly power, not even the axe of the executioner, nor the applica tion of torture, shall force me to reply to questions which are put to me by illegal authorities. I may be broken, but I will never bend. " It is true that my heart was oppressed before I entered a dungeon ; where I perceive only traces of the footsteps of those who have entered, and not of those who have gone out. " But HE, before whose course the stars tremble, and whose breath breaks sceptres like rushes, and bows down crowns like flowers, GOD, the powerful and everlasting GoD, will inspire me with strength. " I am without fear, HEAVEN knows ; but a fore boding of the horrors of entombment in the cells of Berlin, makes my heart shudder. " The cause must be looked for in the illegal treatment to which I am subjected. • " Were it possible to account for one's forebodings after a logical method, I should perhaps say, that to those who are struck with the hand of the Holy. In quisition there is no deliverance in this world. The High Police Authority treats me as the Order of St. Hermandad would do; ergo—But I have read the :following inscription on an ancient sword— " A good conscience in all things gives us strength and courage." The Privy Counsellor of State, Daniels, here ob served and dictated in the Proces Verbal— ., That it was by no means iatended to induce the Substitute de 111ahlenfels to abandon his Minions on this examination ; but that he must remind him, that he was suspected, as wtll as se veral others,of having been a member of a union tending - to subvert the overnments of Germany, by measures of violence. That it was nevertheless true, that the French law (yet in force) did not acknowledge an examination directed by the Police, like this examination of the Substitute de Ilublenfels ; but at the same time, that the principles had not always been adhered to in France ; and if it were not wished at Berlin to maintain that law, a subordinate Authori:y would not in that case possess the right of deciding and passing judgment on such proceedings." Muhlenfels declared, with respect to these obser vations in the Proces Verbal— " That as to the first head, no recollection of any such inch 1- patio° having been brought forward in the investigation which has hitherto taken place, which would establish a competent fo rum against him at Berlin, the queefions hitherto put to bins by the Privy Counsellor of State mai have no reference to the subversion of the l'russian or any other Government, if it be admitted that Berlin was the fonts of a conspiracy. " That as to the second observation, he must confess that, tin der the tyranny of Napoleon, Article 40 1 of the Constitution of the Year 8, had certainly been several tinsel violated ; but that the Authorities had not on all these occasions to reproach them selves for the violation: that no citizen balker could, op that ac count, renounce his rights; and that abuses never cevld affeid • reason fur maintaining sbuers Vidivid•Jal liberty." .. ZTtJI -,---- ,' ' '‘ . / 7e- 4, 4i ' . . .1. ....., ...--Yee l. ~ . .."19 .. /44'1 •, ' . 0 . . "' 1.• ''' ? ii ~.‘ . * L . 1 .• ' '9' 4 ' ';. 1.7 4. 7 1 . ;-. . •,' - -•:'. • . .4. t i W 10 1 1 0 ' .- I',?, f:t...4 . ~. _ z irt...l, 4., , -., att:4: l., 4.. / lif A 11 ~~ ~. ~, .~ .:. ~ : 1, , (. ii ~: •